SUPERSED
 
 UCSB.UBRAffit
 
 A 
 
 L.R.A. NOTES 
 
 1 L.R.A. to L.R.A.1918F 
 
 1888-1918 
 
 Also 1 to 7 B. R. C. 
 
 IN ONE VOLUME AND ONE ALPHABETICAL 
 ARRANGEMENT 
 
 THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY 
 
 ROCHESTER, N. Y. 
 
 1919
 
 Copyright 1919 
 
 by 
 THE LAWYERS CO-OPERATIVE PUBLISHING COMPANY 
 
 E. R. ANDREWS PKIXTINO COMPANY, Rochester, N. Y.
 
 This index greatly simplifies the use of L.R.A. 
 because it brings all the annotation in the whole 
 series, from 1 L.R.A. to 1918F, into a single volume 
 under a single alphabetical arrangement. 
 
 L.R.A. annotations now cover a great range of 
 subjects. They not only collect the authorities for 
 you, but thoroughly analyze, compare, and review 
 them so as to give exact information as to what 
 the courts have actually decided. In multitudes of 
 instances they give very quickly all you could get 
 by days and weeks of investigation elsewhere. 
 
 The constant habit of always looking here first 
 on every question of law will prove exceedingly 
 profitable, because it takes little time to look, even 
 if you fail to find what you need, while surpris- 
 ingly often you will find just what you want, and 
 all that you could otherwise find by long and labori- 
 ous investigation. 
 
 The more constantly you use the work the more 
 highly you will prize it. 
 
 Analogous topics covering the principle of your 
 question should also be examined, if you do not find 
 that specifically indexed. 
 
 The use of digests is not needed when your ques- 
 tion is annotated, except for later cases.
 
 A COMPLETE INDEX 
 
 TO 
 
 -A.LL L.R.A.. NOTES 
 
 FROM 1 L.R.A. TO L.R.A.1918 F 
 
 ABANDONMENT. 
 
 1. Generally. 
 
 Of appeal, see APPEAL AND ERROR, 25. 
 
 Of business by corporation, see CORPORA- 
 TIONS, 78b. 
 
 Of highway, see HIGHWAYS, VIII. 
 
 Of homestead, see HOMESTEAD, III. 
 
 Of operation of railroads, see RAILROADS, 
 44. 
 
 Presumption and burden of proof as to, 
 see EVIDENCE, 94. 
 
 Of scheme by loan association, effect on 
 application on mortgage of payments 
 made by mortgagor on stock. 29 
 L.R.A. 132. 
 
 Of unlawful design, effect on liability for 
 homicide. 63 L.R.A. 392. 
 
 Effect of abandonment of unlawful con- 
 spiracy on liability for homicide in 
 carrying out same. 68 L.R.A. 193. 
 
 Effect of abandonment of joint enterprise or 
 partnership to exclude from paticipa- 
 tion in the profits thereof. L.R.A. 
 1918B, 679. 
 
 Mandamus to restore to office one who has 
 abandoned same. 19 L.R.A. (N.S.) 74. 
 
 Carrier's liability for abandonment of 
 freight. 39 L.R.A. (N.S.) 644. 
 
 Is a domicil lost by abandonment without 
 intention of returning, before acquiring 
 a new one. 40 L.R.A. (N.S.) 986. 
 
 2. Of action or prosecution. 
 
 Right of condemning party to dismiss con- 
 demnation proceedings after award 01 
 verdict and before confirmation or 
 judgment. 28 L.R.A. (N.S.) 91. 
 
 Of suit before entry as affecting justifica- 
 tion under writ in defense to action 
 for false imprisonment. 4 L.R.A. (N.S.) 
 451. 
 
 Termination of civil action by, so as to 
 support suit for malicious prosecution. 
 2 L.R.A. (N.S.) 951. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ABANDONMENT cont'd 
 
 Of criminal prosecution as termination so 
 as to support suit for malicious prose- 
 cution. 2 L.R.A.(N.S.) 939, 941. 
 
 Effect of abandonment of criminal prose- 
 cution to create presumption of want 
 of probable cause. 12 L.R.A. (N.S.) 
 717. 
 
 Conduct designed to induce litigant to 
 abandon suit as a contempt. 42 L.R.A. 
 (N.S.) 722. 
 
 3. Of property or property rights 
 generally. 
 
 Of easement, see EASEMENTS, 28. 
 
 Of homestead, see HOMESTEAD, 8. 
 
 Of leased premises, see LANDLORD AND 
 
 TENANT, 28. 
 Of mining claim, see MINES, 23, 26. 
 
 Of personal property. 4 L.R.A. (N.S.) 573. 
 
 Sale of real property as. 10 L.R.A. (N.S.) 
 633. 
 
 Effect of, on right to revoke license 
 to maintain burden on land after 
 incurring of expense. 49 L.R.A. 
 505. 
 
 Effect of abandonment on title to real prop- 
 erty acquired by adverse possession. 
 24 L.R.A. (N.S.) 1161. 
 
 Right to take private property for public- 
 use without compensation on theory 
 that it has been abandoned. 39 L.R.A. 
 (N.S.) 1029. 
 
 Estoppel of possessor of land to assert 
 claim by abandonment. 13 L.R.A. 
 (N.S.) 137. 
 
 Right to testify as to one's intent with 
 reference to abandonment of easement 
 or other right. 23 L.R.A. (N.S.) 397. 
 
 Tenant's or cropper's abandonment of crop 
 as affecting rights and interests there- 
 in. 46 L.R.A. (N.S.) 53. 
 
 Reverter of land conveyed for school pur- 
 poses upon abandonment. 44 L.R.A. 
 (N.S.) 1226.
 
 INDEX TO L.R.A. NOTES. 
 
 ABANDONMENT cont'd 
 4. Of water rights. 
 
 Of rights of prior appropriators of water, 
 
 see WATERS, 91. 
 Of privilege or easement incidental to 
 
 milldam. 32 L.R.A. (N.S.) 47. 
 Of right to dam back water of stream. 
 
 5!) L.R.A. 838. 
 Of surface water drain by city. 65 L.R.A. 
 
 28. 
 Of right by prior appropriator of water. 
 
 30 L.R.A. 265. 
 of proceedings for the acquisition of water 
 
 supply. 58 L.R.A. 253. 
 Of drain. 60 L.R.A. 249. 
 Of canal. 61 L.R.A. 871. 
 Of ferry franchise. 59 L.R.A. 554; L.R.A. 
 
 1916D, 835. 
 
 8 5. Of railroad property. 
 
 Right to compensation for superstructures 
 on abandoned railroad. 66 L.R.A. 44. 
 
 Of railroad deeded to company, right of re- 
 version on. 1 L.R.A.(N.S.) 806. 
 
 Devotion of abandoned railroad right 
 of way to a different use. 36 L.R.A. 
 (N.S.) 515. 
 
 6. Of leased premises. 
 
 See LANDLORD AND TENANT, 28. 
 
 7. Of vessel. 
 
 Of insured vessel, see INSURANCE, 176. 
 
 Right of seamen to salvage after abandon- 
 ment by master. 64 L.R.A. 196. 
 
 8. Of cemetery. 
 
 By town or municipality of ground used 
 for cemetery. 42 L.R.A.(N.S.) 1216. 
 
 Removal of remains on abandonment of 
 cemetery. 3 L.R.A.(N.S.) 493. 
 
 R 9. Of franchise. 
 
 Of ferry franchise. 59 L.R.A. 554; L.R.A. 
 
 1916D, 835. 
 Of corporate franchise as excuse for not 
 
 exhausting remedies at law before 
 
 bringing creditor's bill. 23 L.R.A. 
 
 (N.S.) 99. 
 
 10. Of contract or rights under. 
 
 See CONTRACTS, 145. 
 
 11. By husband or wife. 
 
 In general, see HUSBAND AND WIFE, 70, 
 
 71. 
 As grcund for divorce, see DIVORCE, 24, 
 
 24a. 
 
 Effect of abandonment on wife's statutory 
 right of action for death of husband. 
 L.R.A.1916E, 129. 
 
 12. Of child. 
 
 Recovery for death of child by parent who 
 h* abandoned Hm. 1 'L.R.A. (N.S.) 
 1161; L.R.A.1916E, 122. 
 Necessity of consent or notice to parents 
 on adoption of child which has been 
 abandoned. 30 L.R.A. (N.S.) 147. 
 Effect of, on rights of parent to custody of 
 child. 41 L.R.A. (N.S.) 594. 606." 
 
 ABANDONMENT cont'd 
 
 Liability of parent for necessaries fur- 
 nished abandoned child. 40 L.R.A. 
 (N.S.) 489. 
 
 ABATEMENT. 
 
 Of action or suit, see ABATEMENT AND RB- 
 VIVAL. 
 
 Of purchase price at judicial sale, see JU- 
 DICIAL SALE, 15. 
 
 Of nuisance, see NUISANCES, 21-23. 
 
 From purchase price in action for specific 
 performance, see SPECIFIC PERFORM- 
 ANCE, 28. 
 
 In purchase price for deficiency in quantity 
 of land sold, see VENDOR AND PUR- 
 CHASER, 21. 
 
 Of legacy, see WILLS, 125. 
 
 Of wharf. 40 L.R.A. 646. 
 
 Of rent on destruction, of premises. 22 
 L.R.A. 613. 
 
 Of obstruction to naviuaMo water. 59 
 L.R.A. 91; 51 L.R.A. (X.S.) 1172. 
 
 Of dam. 59 L.R.A. 879. 
 
 Determination of proportional mirt of rent 
 to be abated upon destruction of prem- 
 ises. L.R.A.1916F, 277. 
 
 Right of purchaser of land at judicial sal* 
 to abatement of purchase price for de- 
 ficiency in quantity. 28 L.R.A. (N.S.) 
 393. 
 
 Begin with this 5oo7c on evert/ law question. 
 
 ABATEMENT AND REVIVAL. 
 
 1. Generally. 
 
 Of appeal, see APPEAL AND ERROR, 25. 
 
 Of attachment proceedings, see ATTACH- 
 MENT, 18. 
 
 Of garnishment proceedings, see GARNISH- 
 MENT, 21. 
 
 By repeal of statute, see STATUTES, 34. 
 
 Of mandamus to restore to office one il- 
 legally removed. 19 L.R.A. (N.S.) 83. 
 
 Reversal on merits without remanding as 
 bar to new action. 30 L.R.A. (N.S.) 
 377. 
 
 Effect of condonation of matrimonial of- 
 fense on pending suit. 6 B. R. C. 638. 
 
 Proof under plea of the general issue in 
 ejectment of matters pleadable in 
 abatement. L.R.A.1918F, 249. 
 
 2. By death. 
 
 Of bastardy proceedings, see BASTABDT, 3. 
 
 Effect of death pendente lite of one having 
 right to contest will. L.R.A. 1918A, 
 480. 
 
 Suicide as affecting abatement of action or 
 cause of action. L.R.A. 191 6A, 1141. 
 
 Of appeal or error to or from Federal Su- 
 preme Court by death of party. 66 
 L.R.A. 856. 
 
 Survival, after death of promisor, of con- 
 tract to pay for personal services ren- 
 dered to third person. 13 L.R.A. ( X.S. ) 
 643. 
 
 Does the grantor's right to rescind * for 
 breach of condition as to support de- 
 scend to his heirs or representatives. 
 23 L.R.A. (N.S.) 232.
 
 INDEX TO L.R.A. NOTES. 
 
 ABATEMENT AND REVIVAL cont'd 
 Of bill for alimony. 2 L.R.A.(N.S.) 242. 
 Survivability as a test of assignability of 
 cause of action for personal tort. 14 
 L.R.A. 514. 
 Action against physician or surgeon. 37 
 
 L.R.A. 838. 
 
 Abatement of action, or cause of action, for 
 breach of promise of marriage. 9 
 L.R.A. (N.S.) 1020. 
 Death of party to suit for libel or slander 
 
 by wife. 30 L.R.A. 529. 
 Action for fraudulently inducing void mar- 
 riage. 33 L.R.A. 411. 
 
 Survival of infant's right to disaffirm con- 
 tract. 43 L.R.A. (N.S.) 714. 
 Survival of cause of action on liquor deal- 
 er's bond after death of licensee. 47 
 L.R.A. (N.S.) 183. 
 
 Does contractual obligation or provision in 
 decree of divorce or separation for the 
 support of a child survive the death of 
 the obligor. 48 L.R.A. (N.S.) 429. 
 Survival of cause of action and abatement 
 and revival of action for deceit or 
 false representations upon death of 
 party. 52 L.R.A. (N.S.) 885. 
 Survival of cause of action, and abatement 
 and revival of action, for malicious 
 prosecution, false imprisonment, or 
 libel and slander, upon death of 
 party. 52 L.R.A. (N.S.) 1215. 
 Abatement of action for mental anguish for 
 negligence in transmission of telegram 
 upon death of plaintiff. 49 L.R.A. 
 (OST.S.) 281. 
 
 3. action for personal Injury or 
 death. 
 
 Effect of statute declaring a cause of action 
 for death survivable to render it as- 
 signable. 27 L.R.A. (N.S.) 404. 
 
 Law governing survival of cause of action 
 for personal injury. 5 L.R.A. (N.S.) 
 756. 
 
 Suicide as affecting. L.R.A. 1916A, 1141. 
 
 Abatement and revival of actions for per- 
 sonal injury upon death of plain- 
 tiff. L.R.A. 1915E, 1104. 
 
 Survival of right of action under Federal 
 employers' liability act. 47 L.R.A. 
 (N.S.) 66; L.R.A. 1915C, 72. 
 
 Does statutory action for wrongful death 
 survive to personal representatives of 
 original beneficiary. 24 L.R.A. (N.S.) 
 844. 
 
 Survival of action against township for in- 
 jury by defects in highway. 13 L.R.A. 
 (N.S.) 1243. 
 
 Survival of action, or cause of action, for 
 wrongful death upon decease of wrong- 
 doer. 11 L.R.A. (N.S.) 1157; L.R.A. 
 1916A, 1143. 
 
 Does husband's action for damages sustained 
 by him on account of personal injury 
 to wife abate by his own death or that 
 of the wrongdoer. 17 L.R.A. (N.S.) 
 570. 
 
 Right of personal representative of em- 
 ployee or of dependent of employee en- 
 titled to recover under Workmen's 
 Compensation Act. L.R.A.1917D, 166. 
 
 Consult also L.R.A. Digests of Oases, 
 
 ABATEMENT AND REVIVAL^ cont'd 
 
 Right of personal representatives to com- 
 pensation that was being paid to de- 
 pendents or employees under Work- 
 men's Compensation Acts. L.R.A. 
 191 8F, 563. 
 
 4. Dissolution of corporation. 
 
 Abatement of action by or against corpora- 
 tion, in the absence of a saving stat 
 ute, bv dissolution or expiration of 
 charter. 32 L.R.A. (N.S.) 446. 
 
 Abatement of action by corporation by ap- 
 pointment of receiver. 50 L.R.A. (N.S.) 
 386. 
 
 5. By other actions pending. 
 
 When action is deemed commenced for pur- 
 pose of abating subsequent action. 
 52 L.R.A. (N.S.) 79. 
 
 What identity of issues is necessary to 
 abate second action. L.R.A.1918A, 5. 
 
 Action on policy as bar to action to re- 
 form it. 12 L.R.A. (N.S.) 907. 
 
 Pendency of suit for divorce or separation 
 as bar to another suit in the same 
 state. 40 L.R.A. (N.S.) 83. 
 
 Pendency of action for personal injury as 
 abatement of action for death, or 
 vice versa. L.R.A.1915E, 1132. 
 
 Pendency of suit against lessee as bar to 
 suit against lessor in case of injury by 
 negligence of company using railroad 
 under a lease, license, or other con- 
 tract. L.R.A.1918E, 272, 
 
 6. suit in other state. 
 
 Suits for divorce in different states. 59 
 L.R.A. 187. 
 
 Recovery of judgment for exempt el aim 
 pending garnishment proceedings in an- 
 other state. 35 L.R'.A.(N.S.) 1154. 
 
 Abatement of action on insurance policy 
 by reason of pendency of action in 
 foreign jurisdiction on the policy. 2& 
 L.R.A.(N.S.) 405. 
 
 Garnishment proceedings and an action to 
 recover the debt pending in different 
 states or countries as sustaining plea 
 in bar or abatement. L.R.A.1917F, 1016. 
 
 7. Federal or state court. 
 
 Pendency of actions in both state and Fed- 
 eral courts sitting in the same 
 state. 42 L.R.A. 449. 
 
 Pendency in Federal court of action in 
 personam removed from state court as 
 affecting right to commence new action 
 upon same cause of action in the state 
 court. 26 L.R.A.(N.S.) 960. 
 
 8. Revival. 
 
 Revivor of action for death or bodily in- 
 jury in other state. 56 L.R.A. 222. 
 
 Title of purchaser at judicial sale as affect- 
 ed by want of revivor. 21 L.R.A. 44. 
 
 Law governing revival of cause of action 
 for personal injury. 5 L.R.A. (N.S. ) 756. 
 
 Exclusiveness of particular statutory meth- 
 od for revival of action. 33 L.R.A. 
 (N.S.) 576. 
 
 Right to revive suit and continue' same- 
 against foreign representative of a de- 
 ceased defendant over whom jurisdic- 
 tion was obtained in his lifetime. 15 
 L.R.A. (N.S.) 632.
 
 INDKX TO L.R.A. NOTES. 
 
 ABATEMENT AND REVIVAL cont'd 
 
 Revival of action for deceit or false repre- 
 sentations upon death of party. 52 
 L.R.A. (N.S.) 888. 
 
 Revival of action for malicious prosecution, 
 false imprisonment, or libel and 
 .slander, upon death of party. 52 
 L.R.A. (N.S.) 1220. 
 
 Revival of action for personal injury upon 
 death of plaintiff. L.R.A.1915E, 1104. 
 
 ABBREVIATIONS. 
 
 See NAME, 3. 
 
 ABDUCTION AND KIDNAPPING. 
 
 Civil action for abduction of child. 45 
 
 L.R.A. (N.S.) 867. 
 Of criminal as defense to prosecution. 15 
 
 L.R.A. 177. 
 Proof of corpus delicti in prosecution for. 
 
 68 L.R.A. 50. 
 Evidence of specific instances to prove char- 
 
 acter for chastity in prosecution for. 
 
 14 L.R.A.(N.S.) 725; L.R.A.1916B, 
 
 967. 
 Effect of defendant's mistake as to age of 
 
 girl. 25 L.R.A.(N.S.) 661. 
 Right of one wrongfully brought into juris- 
 
 diction to be released on habeas corpus. 
 
 12 L.R.A.(N.S.) 225. 
 Taking of a child by or at instance of one 
 
 parent from the custody of the other 
 
 as kidnapping. 32 L.R.A.(N.S.) 845; 
 
 L.R.A.1915E, 189. 
 
 ABERRATION. 
 
 As affecting testamentary capacity. 27 
 L.R.A.(N.S.) 94; L.R.A.1915A, 463. 
 
 ABETTING. 
 
 In commission of crime, see CBIMINAL LAW, 
 25. 
 
 Validity of contract made for purpose of 
 abetting public enemy. 12 L.R.A. 
 (N.S.) 606. 
 
 ABILITY. 
 
 Eight of witness to express opinion aa to. 
 L.R.A.1918A, 681. 
 
 AB IMTIO. 
 
 ABOLISHING OFFICE. 
 
 See OFFICERS, 21. 
 
 Does subsequent wrongful act by one who 
 enters premises under license of owner 
 or occupier, make him a trespasser ab 
 initiof 27 L.R.A.(N.S.) 442. 
 
 Begin ivith this book on every law question. 
 
 ABORTION. 
 
 Homicide in commission of or attempt to 
 commit, see HOMICIDK, 10. 
 
 Cruel and unusual punishment for. L.R.A. 
 
 1915C, 565. 
 Proof of corpus delicti in prosecution for. 
 
 68 L.R.A. 42, 49, 70. 
 Evidence of other crimes in prosecution for. 
 
 62 L.R.A. 229, 
 
 Admissibility of dying declarations in 
 prosecution for homicide by commis- 
 bion of, or attempt to commit, abortion. 
 
 63 L.R.A. 916. 
 
 Admissibility of declarations of one upon 
 
 whom an abortion is committed, against 
 
 others charged with complicity therein. 
 
 35 L.R.A. (N.S.) 1084; L.R.A.1916C, 
 
 570. 
 Instigating offense as defense to prosecu- 
 
 tion. 30 L.R.A. (N.S.) 954. 
 Necessity and sufficiency of description of 
 
 offense in bail bond or recognizance. 
 
 38 L.R.A.(N.S.) 313. 
 
 ABRIDGMENT. 
 
 As infringement of common-law right in 
 intellectual productions. 51 L.R.A. 
 378. 
 
 ABSCESS. 
 
 Liability under accident policy for injury 
 resulting in. 47 L.R.A. (N.S.) 924. 
 
 ABSCONDING DEBTORS. 
 
 As nonresidents for purpose of attachment. 
 
 19 L.R.A. 668. 
 Attachment against. 30 L.R.A. 470. 
 
 ABSENCE. 
 
 Presumption of death from, see EVIDENCE, 
 30. 
 
 Effect of, on running of limitations, see LIM- 
 ITATION OF ACTIONS, 46. 
 
 Of accused, see CRIMINAL LAW, 46. 
 
 Of judge during trial, see TMAL, 3. 
 
 Absence from state as operating to renew 
 mortgage debt. 55 L.R.A. 685. 
 
 Right to exclude pupil from school for. 41 
 L.R.A. 597. 
 
 Of juror, agreement of remaining jurors to 
 
 verdict. 43 L.R.A. 69.
 
 INDEX TO L.R.A. NOTES. 
 
 5 
 
 ABSENCE cont'd 
 
 Of maker of note as excuse for delay in en- 
 forcing liability. 38 L.R.A. (N.S.) 560. 
 
 Absence of accused from territorial juris- 
 diction at time of offense as affecting 
 jurisdiction of the offense. 33 L.K.A. 
 (N.S.) 331. 
 
 Unwarrantable comment of counsel in argu- 
 ment to jury respecting absent wit- 
 nesses. L.R.A.1918D, 70. 
 
 ABSENTEE. 
 
 Constitutionality of statutes providing for 
 administration of estate of. 4 L.R.A. 
 (N.S.) 944. 
 
 Exhaustion of remedy as to nonresident or 
 absent debtor as condition precedent 
 to creditor's bill. 23 L.R.A. (N.S.) 85. 
 
 ABSOLUTE DEED. 
 
 As mortgage, see MORTGAGE, 15. 
 
 ABSTRACT BOOKS. 
 
 Right to copy real-estate records for pur- 
 pose of compiling independent set of. 
 
 5 L.R.A.(N.S.) 545. 
 
 Power of court to decline jurisdiction of. 
 
 6 B. R. C. 340. 
 
 ABSTRACTS. 
 
 1. Generally. 
 
 Right of abstracters to inspect records. 27 
 L.R.A. 82. 
 
 Right to rent or other compensation from 
 private persons or corporations mak- 
 ing abstracts of public records. L.R.A. 
 1918E, 942. 
 
 Right to copy real-estate records for pur- 
 poses of compiling independent set of 
 abstract books. .1 L.R.A. (N.S.) 545. 
 
 Master's rights in respect to abstracts made 
 by employee. 5 L.R.A. (N.S.) 1190. 
 
 Duty of vendor as to abstract of title. 43 
 L.R.A. (N.S.) 44. 
 
 Tender of abstract of title as condition of 
 enforcing forfeiture for vendee's fail- 
 ure to pay last instalment of purchase 
 money. 28 L.R.A. (N.S.) 956. 
 
 Right of purchaser to rely on. 38 L.R.A. 
 (N.S.) 8. 
 
 2. Negligence in making or examin- 
 ing. 
 
 Liability of attorney to client for mistake 
 in examination of titles. 52 L.R.A. 
 889. 
 Liability of officer for defects in. 22 L.R.A. 
 
 99. 
 
 Liability of title abstractor. 12 L.R.A. 
 (N.S.) 449; 26 L.R.A.(N.S.) 1207; 
 42 L.R.A. (N.S.) 176; L.R.A.1916D, 
 826. 
 Consult also L.R.A. Digests of Cases. 
 
 ABSURDITY. 
 
 Belief in, as insane delusion. 37 L.R.A. 
 267. 
 
 Offense of obtaining money by false preten- 
 ses as affected bv absurdity of represen- 
 tations made. "6 L.R.A. (N.S.) 369; 
 L.R.A.1916C, 1104. 
 
 ABUSE. 
 
 Of process, see ABUSK OF PROCESS. 
 
 Of discretion, see APPEAL AND EBROB, 28; 
 
 DISCRETION. 
 
 Of passenger, see CARRIERS, 10-15a. 
 Liability of master for abuse by servant, 
 
 see MASTER AND SERVANT, 172. 
 
 Of defendant by prosecuting attorney in ar- 
 gument. 46 L.R.A. 652. 
 
 Of adverse litigant by counsel in argument 
 to jury. L.R.A.1918D, 87. 
 
 Provocation by, of difficulty in which homi- 
 cide occurs. 45 L.R.A. 701. 
 
 Right of officer to arrest without warrant 
 for abusive language. 13 L.R.A. (N.S.) 
 881. 
 
 Abuse forcing spouse to leave marital home 
 as desertion. 29 L.R.A. (N.S.) 615. 
 
 Abusive language as justification for as- 
 sault on passenger by train employee. 
 33 L.R.A.(N.S.) 280. 
 
 Abusive statements by person causing acci- 
 dent made sometime thereafter as res 
 gestce. 42 L.R.A.(N.S.) 926. 
 
 Libel or slander by words used as mere 
 words of abuse. L.R.A.1917D, 205. 
 
 ABUSE OF PROCESS. 
 
 Liability for, generally, see FALSE IMPRIS- 
 ONMENT; MALICIOUS PROSECUTION. 
 
 Extent of recovery for, see DAMAGES, 
 16a, 55. 
 
 Liability for wrongful levy, see LEVY AND 
 SEIZURE, IV. 
 
 Effect of malice on liability for. 62 L.R.A. 
 721. 
 
 Whether executor or administrator to be 
 sued in personal or representative ca- 
 pacity for. 51 L.R.A. 266. 
 
 Liability of officer who uses criminal proc- 
 . ess to collect a debt. 24 L.R.A.(N.S.) 
 301. 
 
 Liability for procuring judgment on spuri- 
 ous claim and enforcing same against 
 judgment debtor's property. 36 L.R.A. 
 (N.S.) 1112. 
 
 Municipal liability for wrongful legal pro- 
 ceedings instituted by its officers for its 
 benefit. 32 L.R.A. (N.S.) 34.
 
 INDEX TO L.R.A. NOTES. 
 
 ABUTTING OWNERS. 
 
 Adjoining owners, see ADJOINING OWNEB. 
 
 Measure of compensation to, see DAMAGES, 
 89, 90. 
 
 Injury to, by elevated railroad, see ELEVAT- 
 ED RAILROADS, 2. 
 
 Right to compensation on use of highway 
 for additional purpose, see EMINENT 
 DOMAIN, 55-57. 
 
 Allowance to, in eminent domain, see DAM- 
 AC, BS, 89, 90. 
 
 Rights in highway, see HIGHWAYS, 11- 
 14, 27. 
 
 Rights of railways in street as to, see 
 HIGHWAYS, 27; STREET RAILWAYS, 
 4. 
 
 Rights of, on vacation of highway, see 
 HIGHWAYS, 111. 
 
 Requiring abutting owner to remove snow, 
 ice, or weeds, from highway, see HIGH- 
 WAYS, 56. 
 
 Liability for public improvements, see 
 HIGHWAYS, 47; PUBLIC IMPROVE- 
 MENTS. 
 
 Municipal liability for injuries due to acts 
 or omissions of, see HIGHWAYS, 61, 
 62. 
 
 Liability of, generally, see HIGHWAYS, 
 80-86. 
 
 Liability to, for grading or changing grade 
 of street, see HIGHWAYS, 51, 53. 
 
 Rights of, as to toll bridges. 58 L.R.A. 157. 
 
 Duty of, as to levees. 58 L.R.A. 759. 
 
 Duty of municipality to keep street water 
 off from abutting property. 65 L.R.A. 
 252. 
 
 Right of abutting owner held liable for tort 
 to contribution or indemnity from one 
 actually responsible for its commission. 
 40 L.R.A.(N.S.) 1150. 
 
 Right of abutting owner to make improve- 
 ments in street. 44 L.R.A. (N.S.) 552. 
 
 Right of action of occupant of premises 
 abutting on highway for interference 
 with the public's view of goods or ad- 
 vertising displayed thereon. 6 B. R. 
 C. 493. 
 
 ACCELERATION. 
 
 Of 
 
 maturity of mortgage, see MORTGAGE, 
 
 65. 
 
 Of flow of surface water, see WATEBS, 65. 
 By election against will, see WILLS, 115. 
 
 Of remainder by. renunciation of life estate. 
 
 L.R.A.1915A, 671; L.R.A.1918B, 64. 
 Provision accelerating maturity as affecting 
 
 negotiability of bills and notes. 35 
 
 L.R.A.(N.S.) 390; L.R.A.1915B, 472. 
 Effect of provision for, in mortgage or note 
 
 to start statute of limitations running. 
 
 12 L.R.A.(N.S.) 1190; 51 L.R.A.(N.S.) 
 
 151; L.R.A.1918F, 169. 
 Provability in bankruptcy of claim under 
 
 provision accelerating future rents in 
 
 case of default. 31 L.R.A. (N.S.) 270. 
 Begin ivith thin boolc on every Jaw question. 
 
 ACCELERATION cont'd 
 
 Provisions in lease accelerating maturity of 
 future rents and giving lessor right to 
 take possession upon default in pay- 
 ment of rentals or upon insolvency of 
 lessee as alternative or concurrent. 
 L.R.A.1916B, 1101. 
 
 Sufficiency of tender of payment to prevent 
 acceleration of maturity of entire debt. 
 47 L.R.A. (N.S.) 980. 
 
 ACCEPTANCE, 
 
 1. Generally. 
 
 Of part payment in full, see ACCORB AND 
 SATISFACTION. 
 
 Of assignment for creditors, necessity, see 
 ASSIGNMENT FOR CREDITORS, 4. 
 
 Of bill of exchange, see BILLS AND NOTES, 
 24, 25. 
 
 Of offer, see CONTRACTS, 22, 23. 
 
 As taking contract out of statute of frauds, 
 see CONTRACTS, 56a. 
 
 Of work, see CONTRACTS, 130, 139. 
 
 Of dedication, see DEDICATION, 7. 
 
 Of deed, see DEEDS, 9. 
 
 Of guaranty, see GUARANTY. 
 
 Of highway, see HIGHWAYS, 6. 
 
 Of insurance policy, see INSURANCE, 38. 
 
 Of tenant's surrender of premises, see LAND- 
 LORD AND TENANT, 30. 
 
 Of office, see OFFICERS, 15. 
 
 Of resignation of office, see OFFICEBS, 19. 
 
 Of property sold, see SALE, 21-25. 
 
 Waiver of breach of warranty by, see SALE, 
 59. 
 
 Of devise or bequest, see WILLS, 110-115. 
 
 Of conditional pardon. 14 L.R.A. 287. 
 
 Of privilege of using street. 50 L.R.A. 
 148; L.R.A.1918E, 895. 
 
 Of ferry license. 59 L.R.A. 533. 
 
 Of water furnished to municipality. 61 
 L.R.A. 71. 
 
 Of bond in Federal Supreme Court. 66 
 L.R.A. 860. 
 
 Of contract of reinsurance by insured. 44 
 L.R.A. (N.S.) 318. 
 
 Necessity of, and time for, acceptance of 
 resignation by employee of a private 
 employer. L.R.A.1915D, 477. 
 
 Estoppel to deny acceptance of replevin 
 bond which has served its purpose. 
 29 L.R.A. (N.S.) 751. 
 
 Implied contract for through carriage by ac- 
 ceptance of through shipment. 31 
 L.R.A. (N.S.) 5. 
 
 Of lease by receiver or assignee of creditors 
 of lessee. 59 L.R.A. 676. 
 
 Vesting of title to leasehold in lessee's trus- 
 tee in bankruptcy as independent on ac- 
 ceptance by trustee. 33 L.R.A. (N.S.) 
 745. 
 
 By principal of purchaser of real estate 
 found by broker. 44 L.R.A. 616. 
 
 By debtor of surplus arising from sale un- 
 der a decree as affecting his right to ap- 
 peal from the decree. L.R.A.1918E, 106. 
 
 Effect of acceptance by purchaser where 
 stipulations as to title in executory con- 
 tract are dissimilar from those in sub- 
 sequently executed conveyance. 31 
 L.R.A.(N.S.) 459.
 
 INDEX TO L.R.A. NOTES. 
 
 ACCEPTANCE cont'd 
 
 Statute of limitations applicable to action 
 to enforce implied promise arising from 
 acceptance of devise chargeable with 
 payment of legacy. 8 L.R.A. (N.S.) 
 393. 
 
 2. Of service of process. 
 
 Of service of process as affecting right to 
 injunction. 31 L.R.A. 205. 
 
 Effect of acceptance of service of process by 
 publication or personally outside of 
 state. 24 L.R.A. (N.S.) 1279. 
 
 ACCEPTED CHECK. 
 
 Right of holder to maintain action thereon 
 against bank. L.R.A.1916C, 177. 
 
 ACCESS. 
 
 1. To highway. 
 
 Interference with, as taking of property, see 
 EMINENT DOMAIN, 44. 
 
 Interference with access to highway from 
 part of parcel not taken by taking of 
 another part as element of damages in 
 condemnation. 28 L.R.A. (N.S.) 385. 
 
 Obstruction in highway preventing access 
 to property except by circuitous route 
 as a special injury entitling owner to 
 maintain action for damages or for 
 abatement of the nuisance. L.R.A. 
 1917A, 1155. 
 
 Abutter's right to compensation for inter- 
 ference with by railroad in street. 36 
 L.R.A. (N.S.) 736, 764. 
 
 Right of abutting owner to damages for 
 special injuries by interference with in- 
 gress and egress where street railway 
 is not considered an additional burden. 
 25 L.ft.A.(N.S.) 1267. 
 
 Injunction as proper remedy to protect 
 right to ingress and egress from street 
 to abutting property. 35 L.R.A. (N.S.) 
 393. 
 
 Liability of a municipality for temporarily 
 interfering with access to property in 
 making improvements. 46 L.R.A. 
 (N.S.) 620. 
 
 Right of property owner whose means of ac- 
 cess from one direction is shut off or 
 interfered with by closing of adjoining 
 street or portion of street upon which 
 he is situated. 2 L.R.A. (N.S.) 269; 
 30 L.R.A.(N.S.) 637; 52 L.R.A. (N.S.) 
 889. 
 
 2. Miscellaneous. 
 
 Easement of, generally, see EASEMENTS. 
 To water, see WATERS, 10, 11. 
 
 Remedy for refusal to permit access to chil- 
 dren as provided by decree of divorce. 
 L.R.A. 1917B, 25)0. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ACCESSION AND CONFUSION. 
 
 Confusion of goods by inevitable accident. 
 L.R.A.1917D, 851. 
 
 Title by accession to crops, fruit, and tim- 
 ber wrongfully severed. 32 L.R.A. 
 422. 
 
 Trust in proceeds of collection by insol- 
 vent bank where proceeds have been 
 mixed with its own funds. 32 L.R.A. 
 719. 
 
 Replevin for undivided interest in com- 
 mingled goods. 37 L.R.A. (N.S.) 270. 
 
 Accession to property which is the subject 
 of a conditional sale or chattel mort- 
 gage. L.R.A.1916E, 256. 
 
 Does chattel mortgage on domestic animals 
 cover their increase when not men- 
 tioned therein. 14 L.R.A. (N.S.) 431. 
 
 Rights and remedies of owner of standing 
 timber which has been manufactured 
 into lumber after expiration of time 
 stipulated for removal. 29 L.R.A. 
 (N.S.) 552. 
 
 Lien on property of bankrupt of one whose 
 funds are wrongfully used in purchas- 
 ing it. 9 L.R.A. (N.S.) 876. 
 
 ACCESSORY. 
 
 See CRIMINAL LAW, 26. 
 
 ACCIDENT. 
 
 In general, see NEGLIGENCE. 
 
 To passenger, see CARRIERS, III. 
 
 To person on highway, see HIGHWAYS, VI.; 
 NEGLIGENCE, 24-28. 
 
 To insured, see INSURANCE, VIII. c, 2. 
 
 To person on railroad track, see RAILROADS, 
 VII. 
 
 To person on street railway track, see 
 STREET RAILWAYS, IV. b. 
 
 As defense to criminal prosecution, see 
 CRIMINAL LAW, 15. 
 
 Presumption of negligence from occurrence 
 of, see EVIDENCE, III. g. 
 
 Opinion evidence as to cause of, see EVI- 
 DENCE, 187a. 
 
 Evidence of precautions after, see EVIDENCE, 
 270. 
 
 Evidence of other accidents, see EVIDENCE, 
 273. 
 
 Evidence of condition before and after acci- 
 dent, see EVIDENCE, 274. 
 
 Homicide by, see HOMICIDE, 14. 
 
 As ground for relief from judgment by de- 
 fault, see JUDGMENT, 94. 
 
 Proximate cause of, see PROXIMATE CAUSE. 
 
 What constitutes, within meaning of 
 Workmen's Compensation Act, see 
 WORKMEN'S COMPENSATION, 8. 
 
 See also ACT OF GOD! 
 
 Confusion of goods by inevitable accident. 
 L.R.A.1917D, 851. 
 
 Escape and explosion of gas generated by. 
 29 L.R.A. 359. 
 
 Imputing to employer knowledge of proba- 
 ble future accidents. 41 L.R.A. 55.
 
 8 
 
 INDEX TO L.K.A. NOTES. 
 
 ACCIDENT cont'd 
 
 Tenant's implied obligation as to damages 
 by. 64 L.R.A. C57. 
 
 Equitable relief against forfeiture of estate 
 due to accident. 69 L.R.A. 849. 
 
 As ground for enforcement in equity of 
 grantee's oral promise to grantor to 
 hold in trust. 39 L.R.A. (N.S.) 928. 
 
 As ground for relief from divorce decree. 
 L.R.A.1917B, 459. 
 
 I nc roused liability for, as element of dam- 
 ages for laying out street across rail- 
 way property. 24 L.R.A. (N.S.) 1232. 
 
 Probative effect of admission by party of re- 
 sponsibility for. 15 L.R.A.(N.S.) 1096. 
 
 ACCIDENTAL INJURY. 
 
 What constitutes, see Workmen's Compen- 
 sation, 12. 
 
 As an assault. 14 L.R.A.227 ; L.R.A.1917D, 
 950. 
 
 ACCIDENTAL MEANS. 
 
 Death of insured by, see INSURANCE, 165. 
 
 ACCIDENT INSURANCE. 
 
 See INSURANCE. 
 
 ACCOMMODATION PAPER. 
 
 See BILLS AND NOTES, 74-77. 
 
 ACCOMMODATIONS. 
 
 At inn or hotels, see INNKEEPERS. 
 
 ACCOMPLICE. 
 
 Liability for acts of, see CRIMINAL LAW, 
 
 27. 
 Who nre accomplices, see CRIMINAL LAW, 
 
 28. 
 Effect of agreement for immunity of ac- 
 
 complice testifying for prosecution, see 
 
 CRIMINAL LAW, 34. 
 Corroboration of, see EVIDENCE, 321. 
 Weight of self-contradictory testimony of, 
 
 see EVIDENCE, 322. 
 Competency of, as witness, see WITNESSES, 
 
 11. 
 
 Basing indictment upon testimony of. 28 
 
 L.R.A. 319. 
 
 Evidence as to character of. 20 L.R.A. 614. 
 Effect of testimony of, to require instruc- 
 
 tion of law of circumstantial evidence. I 
 
 69 L.R.A. 211. 
 
 ACCORD AND SATISFACTION. 
 
 1. Generally. 
 
 As to compromise, see COMPROMISE AND SET- 
 
 TLKMKNT. 
 As to payment in general, see PAYMKXT. 
 
 Distinction between novation and accord 
 executory. 12 L.R.A. (N.S.) 1134. 
 
 Of pastor's claim for salary. 38 L.R.A. 
 689. 
 
 Of partly performed contract for services. 
 24 L.R.A. 233. 
 
 Certification of check as release of drawer 
 or indorser. 9 L.R.A. (N.S.) 698; 29 
 L.R.A.(N.S.) 205. 
 
 Acceptance of principal sum as affecting 
 right to interest. 40 L.R.A. (M.S.) 588. 
 
 Secondary agreement abrogating or altering 
 prior contract as an accord and satis- 
 faction. L.R.A.1915B, 59. 
 
 Right to maintain action on original claim 
 for mere failure to pay at time stipu- 
 lated in agreement of accord or com- 
 promise. 45 L.R.A.(N.S.) 1062. 
 
 2. By third person. 
 
 With one joint tort feasor, effect on liability 
 
 of other. 58 L.R.A. 300. 
 Effect of payment of debt by a volunteer or 
 
 stranger to the original undertaking. 
 
 23 L.R.A. 120. 
 
 3. By part payment. 
 
 By part payment generally. 20 L.R.A. 785 ; 
 11 L.R.A.(N.S-) 1018; 21 L.R.A.(N.S.) 
 1005; L.R.A.1917A, 719. 
 
 By stranger or volunteer. 20 L.R.A. 794; 
 23 L.R.A. 120; 11 L.R.A. (N.S.) 1024; 
 21 L.R.A.(N.S.) 1005; L.R.A.1917A, 
 724. 
 
 Acceptance of remittance of part of the 
 amount of an unliquidated or disputed 
 claim, accompanied with the statement 
 that it is "in full," or words of simi- 
 lar import, as assent to its receipt in 
 full payment. 14 L.R.A. (N.S.) 443; 27 
 L.R.A.(N.S.) 439. 
 
 Right of town, county or municipality to 
 surrender valid claim on partial pay- 
 ment thereof. 19 L.R.A. (N.S.) 320. 
 
 4. acceptance of partial allowance 
 of claim by public body. 
 
 Claims against the United States. 42 
 
 L.R.A.(N.S.) 112. 
 Claims against other bodies. 42 L.R.A. 
 
 (N.S.) 116. 
 Claims for statutory salary or pay. 42 
 
 L.R.A.(N.S.) 121. 
 
 Splitting demands. 42 L.R.A. (N.S.) 121. 
 Miscellaneous. 42 L.R.A. (N.S.) 121. 
 
 ACCOUNTANT. 
 
 Duty and liability of expert accountants. 
 
 45 L.R.A. (N.S.) 205. 
 Stockholder's right to assistance of, in in- 
 
 Begin iPith this ftoofe on every law question. 
 
 specting corporate books. 
 (N.S.) 197. 
 
 20 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 ACCOUNT BOOKS. 
 
 Evidence of contents of, see EVIDENCE, 120. 
 As evidence, see EVIDENCE, 139-144. 
 
 Of public officers, right to inspect. 27 
 L.R.A. 83. 
 
 Contemporary promise of one person to pay 
 charge in account book, where benefit 
 enures to another, as a promise to an- 
 swer fdr a default of another within 
 statute of frauds. 15 L.R.A. (N.S.) 224. 
 
 Assumption of debts on dissolution of 
 partnership by entries on books of new 
 firm. 9 L.R.A. (N.S.) 65. 
 
 ACCOUNTING. 
 
 1. Generally. 
 
 Between cotenants, see COTENANCY, 8. 
 By personal representative, see EXECUTORS 
 
 AND ADMINISTRATORS, 50-53. 
 By guardian, see GUARDIAN AND WARD, 
 
 lOa, 
 Between partners, see PARTNERSHIP, 50, 
 
 51. 
 
 By receiver, see RECEIVERS. 24. 
 By trustee, see TRUSTS, 31. 
 
 Admiralty jurisdiction of. GO L.R.A. 235. 
 
 Jurisdiction and determination of suits in- 
 volving an accounting between part 
 owners of ship. L.R.A.1917A, 1109. 
 
 Jurisdiction of equity over suits for account- 
 ing with respect to real property in 
 another state or country. 69 L.R.A. 
 691: 23 L.R.A. (N.S.) 924. 
 
 Right under statute to an order for the 
 examination of an adverse party to en- 
 able one to frame his pleadings where 
 latter is entitled to an accounting. 
 L.R.A.1918C, 593. 
 
 For trust in gold or silver. 29 L.R.A. 523. 
 
 Necessity for, as ground for injunction 
 against judgment. 31 L.R.A. 768. 
 
 As against persons not in being. 8 L.R.A. 
 (N.S.) 09. 
 
 Right of policy holder to an accounting by 
 insurer. 28 L.R.A. (N.S.) 559. 
 
 Duty to account for lasting articles under 
 bequest of chattels for life. 16 L.R.A. 
 (N.S.) 480. 
 
 Right of ward to maintain common-law 
 action of account against guardian. 
 26 L.R.A.(N.S.) 789. 
 
 Officer's duty to account for money or prop- 
 erty recovered as result of litigation. 
 42 L.R.A. (N.S.) 697. ' 
 
 Liability of public officer to sureties of 
 another public officer for loss sustained 
 by them through former's neglect to 
 require proper settlement of accounts. 
 28 L.R.A. (N.S.) 115. 
 
 Right of promoter to maintain suit for ac- 
 counting against. fellow-promoterd. 
 L.R.A. 1918E, 849. 
 
 2. By or to mortgagee. 
 
 Effect of provision for accounting to mort- 
 gagee in chattel mortgage of stock of 
 merchandise containing provision giving 
 possession and power of sale to mort- 
 gagor. 36 L.R.A.(N.S.) 1187. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ACCOUNTS. 
 
 1. Generally. 
 
 Account books as evidence, see EVIDENCE, 
 139-144. 
 
 Entries in account books as evidence, see 
 EVIDENCE, 120. 
 
 Running of limitations upon, see LIMITA- 
 TION OF ACTIONS, 29, 30. 
 
 Compulsory reference in actions involving, 
 see REFERENCE, 2a. 
 
 Devise or bequest of store, shop, or business 
 as passing book accounts. L.R.A.1917D, 
 437. 
 
 Future; mortgage or assignment of. 14 
 L.R.A. 126. 
 
 Assignment of future book accounts not 
 arising out of existing contract. L.R.A. 
 1918A, 126. 
 
 Manner of pledging or assigning book ac- 
 count. 27 L.R.A.(N.S.) 666. 
 
 Application of usury law to purported sale 
 or assignment of accounts. L.R.A. 
 1917E, 1121. 
 
 Outstanding accounts as property or credit 
 subject to taxation. 29 L.R.A. (N.S.) 
 60. 
 
 Right of ward to maintain common-law ac- 
 tion of account against guardian. 26 
 L.R.A.(N.S.) 789. 
 
 What constitutes a certification of, as re- 
 quired by fidelity' bond or contract. 
 10 L.R.A. (N.S.) *323. 
 
 Right to sue upon separate items of ac- 
 count for goods sold upon stated periods 
 of credit. 13 L.R.A. (N.S.) 529. 
 
 Injunction against sale under power in mort- 
 gage because overstatement in disputed 
 or complicated accounts. 35 L.R.A. 
 (N.S.) 910. 
 
 Collateral attack for fraud not affecting 
 jurisdiction on judgments and orders 
 confirming accounts. 36 L.R.A (N.S.) 
 982. 
 
 2. Accounts stated. 
 
 Consent to, see CONSENT, 3. 
 Element of time in, see TIME, 7. 
 
 What constitutes an account stated. 27 
 L.R.A. 811. 
 
 Effect of retaining statement of account to 
 render it an account stated. 29 L.R.A. 
 (N.S.) 334; L.R.A.1917C, 447. 
 
 Character of the claims which may be the 
 subject of account stated. 4,1 
 L.R.A.(N.S.) 534. 
 
 Effect of statement of amount due on in- 
 strument for payment of money to sus- 
 tain action as on stated account. 24 
 L.R.A. (N.S.) 1237. 
 
 Illegal character of original transaction as 
 defense to an action on account stated. 
 45 L.R.A. (N.S.) 539. 
 
 Right to defend action on stated account 
 by showing breach of contract on which 
 founded. 6 L.R.A. (N.S.) 820.
 
 10 
 
 INDEX TO L.R.A. NOTES. 
 
 ACCOUNTS cont'd 
 
 Effect of dispute as to certain items of an 
 account upon assent to other items. 7 
 L.R.A.(N.S.) 924. 
 
 Effect of statement of account by executor 
 to waive or toll statute of limitations 
 as to an indebtedness of the estate. 
 L.R.A.1915B, 1048. 
 
 Mistake in statement of commodity fur- 
 nished as affecting the right to re- 
 cover for a larger amount actually 
 furnished. L.R.A.1915B, 711. 
 Conclusiveness of stated or settled account 
 containing inaccuracy or error in 
 method of mathematical calcula- 
 tion. 23 L.R.A.(N.S.) 787. 
 
 ACCOUNT STATED. 
 
 See ACCOUNTS, 2. 
 
 ACCRETION. 
 
 In general, see WATERS, 22, 41. 
 
 In value of corporate assets as basis of divi- 
 dends. L.R.A.1915D, 1052. 
 
 ACCRUED BENEFITS. 
 
 Application of dues or assessments accru- 
 ing on benefit certificate. 55 L.R.A. 
 605. 
 
 As 
 
 ACCRUED INTEREST. 
 
 part of par value with prohibition 
 against sale of bonds at less than par. 
 35 L.R.A.(N.S.) 789. 
 
 ACCUMULATED INTEREST. 
 
 Right in case of renewal of loan to compute 
 interest on basis of including accumu- 
 lated interest as part of principal of 
 renewal. 6 L.R.A.(N.S.) 612. 
 
 ACCUMULATIONS. 
 
 Representation or estimate of insurance 
 company as to. L.R.A.1918F, 343. 
 
 Taxation of, as part of capital stock of cor- 
 poration. 58 L.R.A. 500. 
 
 Effect of direction for, on validity of chari- 
 table gift. 2 B. R. C. 880. 
 
 Right of estate of one entitled by will or 
 statute to an allowance for support 
 and maintenance to accumulation un- 
 drawn and unexpended at time of her 
 death. 9 L.R.A.(N.S.) 997. 
 
 Begin ivith this boo7c on ever*/ law question. 
 
 ACCUMULATION cont'd 
 
 Effect of provision for, on time for ascer- 
 taining member of class described as 
 testator's "heirs," "next of kin," "re- 
 lations," etc., to whom estate in real 
 or persona] property is limited by way 
 of remainder or executory gift. 33 
 L.R.A.(N.S.) 12. 
 
 Recovery by administrator in action for 
 benefit of estate of probable accumula- 
 tions of deceased as damages for his 
 death. 15 L.R.A. (N.S.) 451. 
 
 Right on dissolution of benefit association 
 or local branch thereof to funds volun- 
 tarily accumulated by the branch to be 
 expended solely for benefit of its mem- 
 bers. 15 L.R.A. (N.S.) 336. 
 
 ACCUSED. 
 
 Character of, see CHARACTER, 2a. 
 Protection of, on criminal prosecution, see 
 
 CRIMINAL LAW, 43-54. 
 Presence of, at trial, see CBIMINAL LAW, 
 
 46. 
 Admissibility in evidence of things taken 
 
 from, see EVIDENCE, 153. 
 Confession by. see EVIDENCE, 207-214. 
 Surrender by, see SURRENDER, 2. 
 Cross-examination of, see WITNESSES, 37. 
 
 Contempt by publication reflecting upon de- 
 fendant in criminal case. L.R.A.1917E, 
 713. 
 
 Right of court to caution jury as to be- 
 lieving testimony of accused in his own 
 behalf. 19 L.R.A. (N.S.) 802. 
 
 Admissibility in behalf of accused of extra- 
 judicial confession of stranger. 37 
 L.R.A.(N.S.) 345. 
 
 ACKNOWLEDGMENT. 
 
 1. Generally. 
 
 To toll statute of limitations, see LIMITA- 
 TION OF ACTIONS, 68-71. 
 
 By payee, in indorsement of liability as 
 maker. 7 L.R.A. (N.S.) 400. 
 
 Of deed executed by attorney in fact or 
 agent. 41 L.R.A. (N.S.) 823. 
 
 Leaving blank for name of party in certifi- 
 cate of acknowledgment. 19 L.R.A. 
 279. 
 
 Presumption as to time of alteration in. 39 
 L.R.A. (N.S.) 115. 
 
 Sufficiency of evidence to impeach certifi- 
 cate of acknowledgment of deed. 6 
 L.R.A. (N.S.) 442. 
 
 Effect of 'defective acknowledgment on 
 marketability of title. 38 L.R.A. (N.S.) 
 20. 
 
 Right to attach certificate of acknowledg- 
 ment after date of acknowledgment. 22 
 L.R.A. (N.S.) 216. 
 
 Liability of notary or other officer certify- 
 ing to acknowledgment or affidavit. 
 49 L.R.A.(N.S.) 45.
 
 INDEX TO L.R.A. NOTES. 
 
 11 
 
 ACKNOWLEDGMENT cont'd 
 2. Who may take. 
 
 Right of interested persons to take acknowl- 
 edgment. 33 L.R.A. 332. 
 Acknowledgment before a stockholder or 
 officer of a corporation which is a 
 party to the instrument. 23 L.R.A. 
 (N.S.) 1075; 41 L.R.A.(N.S.) 375. 
 Validity of acknowledgment of deed of trust 
 
 taken by trustee. 16 L.R.A. 719. 
 Power of consul to take acknowledgment of 
 deeds and powers of attorney. 45 
 L.R.A. 499. 
 
 3. Sufficiency; necessity. 
 
 Sufficiency of abbreviation to show official 
 character of officer. 14 L.R.A. 815. 
 
 Effect of grammatical defects in certificates 
 of acknowledgment. 11 L.R.A. (N.S.) 
 643. 
 
 Form and sufficiency of certificate of mar- 
 ried woman's acknowledgment. 45 
 L.R.A. (N.S.) 1109. 
 
 Validity of acknowledgment taken over tele- 
 phone. 30 L.R.A. (N.S.) 358. 
 
 Tax deed as color of title where acknowl- 
 edgment is defective. 11 L.R.A. (N.S. ) 
 780. 
 
 Necessity for acknowledging assignment 
 for creditors as against attaching credi- 
 tor. 26 L.R.A. 594. 
 
 4. Correcting or curing defects. 
 
 Right to correct certificate of acknowledg- 
 ment after date of acknowledgment. 22 
 L.R.A. (N.S.) 216. 
 
 Constitutionality of statutes curing defect- 
 ire acknowledgments of conveyances of 
 real property. 31 L.R.A. (N.S.) 1076. 
 
 6. Impeachment of. 
 
 Impeachment of certificate of acknowl- 
 edgment. 41 L.R.A.(N.S.) 1161. 
 
 ACQUAINTANCE. 
 
 As essential to nonexpert opinion as to san- 
 ity or insanity. 38 L.R.A. 729. 
 
 ACQUIESCENCE. 
 
 Estoppel by, see ESTOPPEL, 18-26. 
 
 In boundary line. 21 L.R.A. 834. 
 Liability of corporate directors for acts in 
 
 excess of their powers as affected by. 
 
 55 L.R.A. 761. 
 In servant's violation of rules promulgated 
 
 for conduct of business. 43 L.R.A. 368. 
 By employee in taking out of patent by his 
 
 employer. 5 L.R.A. (N.S.) 1179. 
 Effect of acquiescence in adjudication on 
 
 right to appeal therefrom. 29 L.R.A. 
 
 (N.S.) 27. 
 In violation of injunction as justification 
 
 therefor. 9 L.R.A. (N.S.) 304. 
 By creditor in assumption of debts on dis- 
 solution of partnership. 9 L.R.A. (N.S.) 
 
 83: 48 L.R.A. (N.S.) 552. 
 Consult also L.R.A. Digests of Cases. 
 
 ACQUITTAL. 
 
 Former acquittal as a bar, see CBIMIXAZ. 
 LAW, 59-64. 
 
 As evidence of want of probable cause for 
 prosecution, see MALICIOUS PROSECU- 
 TION, 7. 
 
 For other crime, effect on aclmissibility of 
 evidence of such crime. 62 L.R.A. 342. 
 
 Termination of criminal prosecution by, so 
 as to support a suit for malicious 
 prosecution. 2 L.R.A. (N.S.) 929. 
 
 ACQUITTANCE. 
 
 Forgery by making or altering. 54 L.R.A. 
 796. ' 
 
 ACTION IN REM. 
 
 See PROCEEDING IN REM. 
 
 ACTION ON THE CASE. 
 
 See CASE. 
 
 ACTION OR SUIT. 
 
 I. In general, 1-6. 
 II. When right of action accrues 
 generally, 7. 
 
 III. Conditions precedent, S-ll. 
 
 IV. Defenses, 12-16. 
 
 V. Splitting; successive actions, 
 
 17. 
 
 VI. Joinder, IS, 19. 
 VII. Stay, 20. 
 VIII. Commencement, 21. " tt . 
 
 I. In general. 
 
 1. Generally. 
 
 Abandonment of, see ABANDONMENT, 2. 
 Abatement and revival, see ABATEMENT AND 
 
 REVIVAL. 
 
 Appearance in, see APPEARANCE. 
 Compromise of, see COMPROMISE AND SET- 
 
 TLEMENT. 
 
 Jurisdiction of, see COURTS. 
 Dismissal or discontinuance of, see DIS- 
 
 MISSAL AND DISCONTINUANCE. 
 Election of remedy, see ELECTION OF REME- 
 
 DIES. 
 Against estate of decedent, see EXECUTORS 
 
 AND ADMINISTRATORS, 58, 61. 
 Guardian's power over, see' GUARDIAN AND 
 
 WARD, 9. 
 Injunction against, see INJUNCTION, 40- 
 
 46. 
 
 On judgment, see JUDGMENT, VII. b. 
 Limitation of, see LIMITATION OF ACTIONS. 
 Interruption of statute of limitations by, 
 
 see LIMITATION OF ACTIONS, 63, 64.
 
 12 
 
 INDEX TO L.R.A. NOTES. 
 
 ACTION OR SUIT, I. cont'd 
 
 Malicious prosecution of, see MALICIOUS 
 
 PuosEcrnoN. 
 Termination of, for purpose of malicious 
 
 prosecution therefor, see MALICIOUS 
 
 PROSECUTION, 9. 
 Municipal liability for acts of officers or 
 
 agents in instituting, see MUNICIPAL 
 
 CORPORATIONS, 84. 
 
 Parties to, see PARTIES. 
 
 Private action, see PRIVATE ACTION. 
 
 Removal of, see REMOVAL OF CAUSES. 
 
 Replevin suits, see REPLEVIN. 
 
 Effect of repeal of statute on, see STATUTES, 
 34. 
 
 Enforcement of tax by action, see TAXES, 
 69. 
 
 Trial of, see TRIAL. 
 
 Venue, see VENUE. 
 
 As to service of process, see WRIT AND PROC- 
 ESS, II. 
 
 Privilege from suit, see WRIT AND PROCESS, 
 30-37. 
 
 On assignment, see ASSIGNMENT, 15. 
 
 On bill or note, see BILLS AND NOTES, 61- 
 ' 72. 
 
 On contract, see CONTRACTS, VII. 
 
 To recover tax, see TAXES, 86, 87. . 
 
 To recover legacy, see WILLS, 107. 
 
 To construe will, see WILLS, 130, 131. 
 
 By attorney general, see ATTORNEY GEN- 
 ERAL. 
 
 By stockholders, see CORPORATIONS, 98. 
 
 By foreign corporation, see CORPORATIONS, 
 H9-151. 
 
 By executor or administrator, see EXECU- 
 TORS AND ADMINISTRATORS, 57, 61. 
 
 By ward against guardian, see GUARDIAN 
 AND WARD, 15. 
 
 By or between husband and wife, see HUS- 
 BAND AND WIFE, VI. 
 
 By or against infant, see INFANTS, V. 
 
 By or against incompetent person, see IN- 
 COMPETENT PERSONS, 18-20. 
 
 By or against municipality, see MUNICIPAL 
 CORPORATIONS, 2a. 
 
 By, against, or between partners, see PART- 
 NERSHIP, 52-57. 
 
 By receivers, see RECEIVERS, 22. 
 
 Against receivers, see RECEIVERS, 23. 
 
 By state, Bee STATES, 8, 9. 
 
 Against state, see STATE, 12. 
 
 For death, see DEATH, II. 
 
 For divorce, see DIVORCE, II. 
 
 Prohibition to restrain suit prosecuted col- 
 lusively or for an ulterior purpose. 24 
 L.R.A.(N.S.) 874. 
 
 Effect of statute to defeat or preserve; ef- 
 fect of repeals. 14 L.R.A. 721. 
 
 Effect upon suit, of discharge from arrest 
 of one arrested while attending court. 
 19 L.R.A. 560. 
 
 Does an action for damages to real prop- 
 erty run with the land. 2 L.R.A. (N.S.) 
 819. 
 
 Bringing suit before award as revocation of 
 submission to arbitration. 31 L.R.A. 
 (N.S.) 679. 
 
 Proceedings in, on holidays. 19 L.R.A. 319. 
 
 Forbearance of threatened suit as considera- 
 tion for a compromise. 25 L.R.A. 
 (N.S.) 302. 
 
 Begin with thin book on every laiv question. 
 
 ACTION OR SUIT, I. cont'd 
 
 Insolvency of corporation, or appointment 
 of receiver, as affecting its right to sue. 
 50 L.R.A. (N.S.) 383. 
 
 Bringing suit as a change of position with- 
 in law of estoppel. 52 L.R.A.(N.S.) 
 1185. 
 
 Bringing or inciting the bringing of a false 
 or fictitious suit as contempt. L.R.A. 
 1915B, 689. 
 
 a, 3. Control or settlement of. 
 
 Control of attorney over, see ATTORNEYS, 
 12-16. 
 
 Compromise of. 15 L.R.A. 440. 
 
 Settlement and avoidance of litigation as 
 consideration for a compromise. 25 
 L.R.A. (N.S.) 299. 
 
 Control of guardian ad litem or next friend 
 over action. 16 L.R.A. 507. 
 
 Extent of power of indemnity insurer to set- 
 tle or control litigation. 6 L.R.A. 
 (N.S.) 564; 52 L.R.A. (N.S.) 128. 
 
 4. Right of action generally. 
 
 Who may enforce liability of stockholder, 
 
 see CORPORATIONS, 116, 11 6a. 
 For death, see DEATH, II. 
 Fright as basis for cause of action, see 
 
 FRIGHT. 
 
 For nuisance, see NUISANCES, 20-25. 
 To recover personal property, see REPLEVIN, 
 
 II. 
 
 For conversion, see TROVER, 2-8. 
 Privilege from suit, see WRIT AND PROCESS, 
 
 30-37. 
 See also PRIVATE ACTION. 
 
 Sufficiency of equitable title to sustain ac- 
 tion for injury to real property. 30 
 L.R.A.(N.S.) 231. 
 
 Perjury and subornation of perjury as 
 grounds for civil action. 24 L.R.A. 
 (N.S.) 265. 
 
 Fraudulent inducement by one party to 
 void marriage as ground for civil ac- 
 tion in other party's favor. 33 L.R.A. 
 411. 
 
 Right of action against unincorporated as- 
 sociation. 2 L.R.A.(N,S.) 789. 
 
 Right to maintain action for prize offered 
 in prize contest. 33 L.R.A.(N.S.) 305. 
 
 Right of action against carrier for nonde- 
 livery of goods delivered for transpor- 
 tation to purchaser or consignee. 22 
 L.R.A. 427. 
 
 Right of one whose property has been taken 
 for public use without condemna- 
 tion proceedings, to maintain ac- 
 tion for compensation or for per- 
 manent damages. 28 L.R.A. (N.S. ) 
 968. 
 
 Right of one in peaceable possession to 
 maintain forcible entry and detainer 
 against another entitled to possession 
 who forcibly dispossessed him. 8 
 L.R.A.(N.S.) 426; L.R.A.1918B, 670. 
 
 To recover damages caused by an injunc- 
 tion. 18 L.R.A. 275; L.R.A.1916E, 
 3282. 
 
 Constitutionality of retroactive statute cre- 
 ating right of action on account of past 
 acts or transactions. 52 L.R.A. 934.
 
 INDEX TO L.R.A. NOTES. 
 
 13 
 
 ACTION OR SUIT, I. cont'd 
 
 Libel or slander of one person, as ground of 
 action by another. 45 L.R.A. (N.S.) 
 7C6. 
 
 Action at law against corporation by true 
 owner of stock for unauthorized trans- 
 fer of stock on "its books. 45 L.R.A. 
 (N.S.) 1081. 
 
 5. Form; kind; mode of bringing. 
 
 Election of remedies, see ELECTION OF 
 REMEDIES. 
 
 Form of action as affecting right of set-off 
 
 in case of bankruptcy. 55 L.R.A. 74. 
 Forms of action against carriers for wilful 
 
 tort of servant to passenger. 40 L.R.A. 
 
 (N.S.) 1085. 
 Form of action to recover damages for 
 
 mental anguish in telegraph case. 49 
 
 L.R.A.(N.S.) 281. 
 Character of action by depositor against 
 
 bank for wrongfully refusing to honor 
 
 check. 5 L.R.A. ( N.S. )' 870. 
 Against officers as suits against states. 1 
 
 L.R.A.(N.S.) 727. 
 
 Manner of bringing suit against unincor- 
 porated trade union. 1 B. R. C. 852. 
 Under what surname may be brought. 2 
 
 L.R.A.(N.S.) 1089. 
 
 6. civil or criminal. 
 
 Nature of proceeding to punish for con- 
 tempt, see CONTEMPT, 2. 
 
 Character of proceedings for violation of 
 municipal ordinance as civil or crimi- 
 nal. 33 L.R.A. 33; 4 L.R.A. (N.S.) 
 782; 48 L.R.A.(N.S.) 161. 
 
 Suit for statutory penalty as a civil or 
 criminal prosecution. 27 L.R.A. 
 (N.S.) 739. 
 
 Proceedings for incorporation of drainage 
 district, or for other public improve- 
 ment, as a civil suit within statute al- 
 lowing change of venue. 12 L.R.A. 
 (N.S.) 900. 
 
 Civil action against thief to recover stolen 
 property or its value. 41 L.R.A. (N.S.) 
 255. 
 
 II. When right of action accrues gen- 
 erally. 
 
 7. Generally. 
 
 To enforce liability of stockholders, see 
 CORPORATIONS, 120. 
 
 When limitations commence to run, see 
 LIMITATION OF ACTIONS, 19-47. 
 
 Accrual of right of action for malicious 
 prosecution, see MALICIOUS PROSECU- 
 TION, 9. 
 
 Accrual of cause of action on assumption 
 of debts on dissolution of partnership. 
 9 L.R.A.(N.S.) 109. 
 
 When right of action for injury to real 
 estate from a cause not immediately 
 effective accrues. 5 L.R.A. (N.S.) 379. 
 
 When cause of action for breach of promise 
 accrues. 66 L.R.A. 801; L.R.A.1915B, 
 280. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ACTION OR SUIT, II. cont'd 
 
 When right of" action for damages from 
 wrongful discharge of servant accrues. 
 6 L.R.A.(N.S.) 58. 
 
 When suit may be brought for wages by 
 wrongfully discharged servants. 5 
 L.R.A. (N.S.) 443. 
 
 Action for enticing servant to quit. 5 
 L.R.A. (N.S.) 1097. 
 
 Action for price before expiration of credit. 
 3 L.R.A. (N.S.) 908. 
 
 Right of one whose interest is merely con- 
 tingent to maintain suit to establish or 
 enforce a trust. 7 L.R.A. (N.S.) 999. 
 
 Time to sue, as affected by acceptance of 
 commercial paper for antecedent in- 
 debtedness. 35 L.R.A. (N.S.) 1]0. 
 
 Effect of refusal to execute purchase-money 
 notes to give vendor an immediate 
 right of action. 12 L.R.A. (N.S.) 180. 
 
 When suit to enjoin unlawful expenditures 
 by municipality is premature. 36 
 L.R.A.(N.S.) 26. 
 
 Mandamus to compel steps preliminary to 
 an election before the arrival or ex- 
 piration of the time fixed therefor. 
 L.R.A.1917F, 221. 
 
 Effect of prematurity of action on running 
 of limitations. 3 L.R.A. (N.S.) 296. 
 
 When cause of action for continuing nui- 
 sance arises. L.R.A.1916E, 999. 
 
 III. Conditions precedent. 
 
 8. Generally. 
 
 In suit against stockholder, see CORPORA- 
 TIONS, 115. 
 
 To action of ejectment, see EJECTMENT, 3. 
 
 Prerequisites to relief from fraud, see 
 FRAUD AND DECEIT, 40. 
 
 To remedy for fraudulent conveyance, see 
 FRAUDULENT CONVEYANCES, 26. 
 
 To suit on policy, see INSURANCE, 152. 
 
 To action for replevin, see REPLEVIN, 4. 
 
 To action of trover, see TROVER, 7, 8. 
 
 Law governing condition precedent to li- 
 ability of drawer or indorser. 61 
 L.R.A. 215. 
 
 To equitable relief against forfeiture of 
 estate. 69 L.R.A. 836. 
 
 To equitable remedies of creditors. 23 
 L.R.A.(N.S.) 1. 
 
 Agreement for arbitration as condition 
 precedent to litigation. 47 L.R.A. 
 (N.S.) 387. 
 
 Arbitration as condition precedent to action 
 on insurance policy. 15 L.R.A. (N.S. ) 
 1055; 28 L.R.A. (N.S.) 104. 
 
 Necessity of exhausting remedies within 
 order against decision expelling or sus- 
 pending a member from a mutual bene- 
 fit association as condition of action 
 for damages or benefits. 52 L.R.A. 
 (N.S.) 820. 
 
 To enforcement of liability of corporate 
 directors under statutes purporting to 
 make them liable for contracting debts 
 in excess of a fixed limit. L.R.A.1915I), 
 1048. 
 
 Conditions precedent to right to enforce 
 stockholder's liability outside state of 
 incorporation. 33 L.R.A. (N.S.) 906.
 
 14 
 
 INDEX TO L.R.A. NOTES. 
 
 ACTION OR SUIT, III. cont'd 
 
 Readint-ss to perform as condition of 
 remedy by action for damages for 
 wrongful discharge of servant. 6 
 L.R.A. (N.S.) 59. 
 
 Employment and wrongful discharge of 
 servant as condition to maintenance of 
 action for wrongful discharge. 6 
 L.R.A.(N.S.) 60. 
 
 Right of purchaser who has resold to re- 
 cover for breach of warranty as to 
 quantity or quality, where he has not 
 actually made good to his vendees. 3 
 L.R.A. (N.S.) 465. 
 
 Necessity of entry or formal declaration of 
 forfeiture, as a condition of maintain- 
 ing action, other than for damages, 
 based on breach of condition subsequent 
 in a conveyance of freehold. 14 L.R.A. 
 (N.S.) 1188; 23 L.R.A.(N.S.) 938; 
 L.R.A.1917C, 882. 
 
 Necessity of eviction to maintenance of 
 action for breach of covenant of war- 
 ranty of title or of seisin. 17 L.R.A. 
 (N.S.) 1178. 
 
 Prerequisites to suit against national bank 
 for twice amount of interest paid. 56 
 L.R.A. 704. 
 
 Attempt to compromise action for death or 
 bodily injury in other state as condi- 
 tion of maintenance. 56 L.R.A. 222. 
 
 Presentation of claims against co'unty by 
 county board as condition precedent. 
 39 L.R.A. 77. 
 
 Application to governing body of munici- 
 pality for relief as condition of citizen's 
 right to maintain suit to enjoin action 
 by municipality. 8 L.R.A. (N.S.) 574. 
 
 Denial of claim against state for noncom- 
 pliance with condition precedent. 42 
 L.R.A. 39. 
 
 9. Demand or request. 
 
 Demand as a condition precedent to an 
 action on a promise to pay on demand 
 the debt of another. 34 L.R.A. (N.S.) 
 154. 
 
 Demand as? prerequisite to action by co- 
 tenant for use and occupation or rents 
 and profits. 29 L.R.A.(N.S.) 232. 
 
 Demand as a condition of action to recover 
 money collected by an agent. 28 L.R.A. 
 (N.S.) 626. 
 
 Demand for payment of alimony as condi- 
 tion of contempt proceedings. 24 
 L.R.A. 437. 
 
 As condition of suit against stakeholder or 
 depositary of funds to be held in con- 
 nection with an illegal transaction. 
 L.R.A.1918F, 975. 
 
 Necessity of applying to board of directors 
 as a condition of right of stockholder to 
 sue on behalf of the corporation. 51 
 L.R.A. (N.S.) 99. 
 
 Necessity of applying to body of stockhold- 
 ers as a condition of right of stock- 
 holder to sue on behalf of the corpora- 
 tion. 51 L.R.A. (N.S.) 112. 
 
 10. Notice. 
 
 Notice of lose or claim to carrier, see 
 CARBIEBS, 134. 
 
 Begin ivith this boofc on every law question. 
 
 ACTION OR SUIT, III. coiitd 
 
 Law governing stipulation in contract mak- 
 ing notice of damages a condition of 
 right of action. 7 L.R.A. (N.S.) 191. 
 
 Notice as condition precedent to action by 
 grantee for injury by damming back 
 water of stream. 59 L.R.A. 903. 
 
 Notice of loss or injury to goods required 
 by carrier's contract as a condition 
 precedent. 17 L.R.A. (N.S.) 642. 
 
 Effect of failure to serve statutory notice 
 of libel upon right to actual damages. 
 13 L.R.A. (N.S.) 525. 
 
 11. Payment' or tender. 
 
 Payment or tender of freight charges as 
 condition precedent to trover against 
 carrier. 21 L.R.A. 117. 
 
 Tender of deed or abstract of title as con- 
 dition of enforcing forfeiture for ven- 
 dee's failure to pay last instalment of 
 purchase money. 28 L.R.A. (N.S.) 
 956. 
 
 Tender or payment of consideration as a 
 condition precedent to a suit for the 
 specific performance of a contract to 
 convey realty consummated by the ven- 
 dee's exercise of an option. 24 L.R.A. 
 (N.S.) 91. 
 
 Right of mortgagee who has paid taxes to 
 maintain independent action against 
 mortgagor for reimbursement before or 
 after foreclosure of mortgage. 10 
 L.R.A.(N.S.) 679. 
 
 IV. Defenses. 
 
 12. Generally. 
 
 Defenses to criminal prosecution, see 
 
 CRIMINAL LAW, III. 
 To action for assault and battery, see 
 
 ASSAULT AND BATTERY, 3-6. 
 
 In action for bribery, see BBIBEBY, 3. 
 In contempt proceedings, see CONTEMPT, 
 
 3. 
 In action against corj>orate stoekholder, see 
 
 COBPOBATIONS, VIII. C. 
 
 In divorce suit, see DIVORCE AND SEPARA- 
 TION, 30-33. 
 
 In ejectment, see EJECTMENT, 7. 
 
 In action for libel or slander, see LIBEL 
 AND SLANDER, 37-39. 
 
 In foreclosure suit, see MORTGAGE, 73. 
 
 In action for nuisance, see NUISANCES, 
 26-29. 
 
 In action against surety, see PRINCIPAL AND 
 SURETY, 8. 
 
 In replevin suit, see REPLEVIN, 14. 
 
 In action for trespass, see TRESPASS, 10. 
 
 In action for trover, see TROVER, 10. 
 
 Liability for transferring note to bona fide 
 holder so as to cut off, see BILLS AND 
 NOTES, 33. 
 
 Defense available to carrier transporting 
 intoxicating liquor into prohibition 
 territory, see CABBIEBS, 144. 
 
 Effect of failure to set up defense on right 
 to injunction against judgment, see 
 INJUNCTION, 51. 
 
 Showing of, as essential to relief against 
 judgment, see INJUNCTION, 51 ; JUDG- 
 MENT, 88. 
 
 Limitation of action as a defense, see LIMI- 
 TATION OF ACTIONS. 
 
 Advice of counsel as defense, see MALICIOUS 
 PROSECUTION, 8.
 
 INDEX TO L.R.A. MOTES. 
 
 15 
 
 ACTION OR SUIT, IV. cont'd 
 
 Unconstitutionality of statute as defense 
 against mandamus to compel its en- 
 forcement, see MANDAMUS, 20. 
 
 Assumption of risk as, see MASTER AND 
 SERVANT, 109-122. 
 
 Contributory negligence as, see NEGLIGENCE, 
 II. 
 
 Defects in work as defense to assessment for 
 public improvement, see PUBLIC IM- 
 PROVEMENTS, 13. 
 
 Violation of Sunday laws, see SUNDAY, 
 7. 
 
 As to usury, see USURY, III. b. 
 
 Right to plead inconsistent defenses. 48 
 L.R.A. 177. 
 
 Loss of cause of action by lapse of time 
 pending suit. 18 L.R.A. 211. 
 
 Interposition of unfounded defense in a 
 civil action as basis of action for dam- 
 ages. 34 L.R.A.(N.S.) 1020. 
 
 Unconstitutionality of statute as defense 
 against mandamus to compel its en- 
 forcement. 24 L.R.A. (N.S.) 1200; 34 
 L.R.A.(N.S.) 1060. 
 
 Special matters of defense by persons ob- 
 structing street for business purposes. 
 25 L.R.A.(N.S.) 405. 
 
 Special defenses in action to recover dam- 
 ages for mental anguish in telegraph 
 case. 49 L.R.A. (N.S.) 289. 
 
 Illegal character of original transaction as 
 defense to an action on account stated. 
 45 L.R.A. (N.S.) 539. 
 
 Who may raise objections under the Tor- 
 rens'Law. L.R.A.1916D, 42. 
 
 Ill health as defense to action for breach 
 of promise to marrv. 15 L.R.A. 531; 
 7 L.R.A.(N.S.) 582; 40 L.R.A. (N.S.) 
 585; L.R.A.1916D, 1276. 
 
 Inability to pay alimony as defense to con- 
 tempt. 30 L.R.A. (N.S.) 1001. 
 
 Collateral champerty as. 14 L.R.A. 785. 
 
 Showing of valid defense as essential to in- 
 junction against judgment by confes- 
 sion. 30 L.R.A. 242. 
 
 13. Actions on contracts. 
 
 Availability to third person, see infra, 16. 
 
 In action for breach of marriage promise, 
 see BREACH OF PROMISE, 4, 5. 
 
 In action on note, see BILLS AND NOTES, 
 65-67. 
 
 Defense of ultra vires, see CORPORATIONS, 
 32a. 
 
 Estoppel to set up defense, see ESTOPPEL, 
 III. 
 
 In action on insurance policy, see INSUR- 
 ANCE, VI IT. d. 
 
 In action for rent, see LANDLORD AND TEN- 
 ANT, V. 
 
 In action for purchase money, see PURCHASE 
 MONEY, 9. 
 
 Drunkenness as, see DRUNKENNESS, 3, 4. 
 
 Conflict of laws as to defenses available to 
 
 maker or acceptor. 19 L.R.A. (N.S.) 
 
 670. 
 Conflict of laws as to defenses available to 
 
 drawer or indorser. 19 L.R.A. (N.S.) 
 
 672. 
 Consult also L.R.A. Digests of Cases. 
 
 ACTION OR SUIT, IV. cont'd 
 
 Failure of railroad to comply with condi- 
 tions on which railroad aid bonds were 
 issued as a defense to them in the 
 hands of a bona fide holder. 19 L.R.A. 
 (N.S.) 849. 
 
 Defects or irregularities affecting bond as 
 defense to action on replevin bond 
 which has served its purpose. 29 
 L.R.A. (N.S.) 747. 
 
 Mitigation of damages as defense to action 
 for wrongful discharge of servant. 6 
 L.R.A. (N.S.) 99. 
 
 In action by wrongfully discharged servant 
 for damages from breach of contract. 
 6 L.R.A.(N.S.) 73. 
 
 Breach of contract as defense to action on 
 stated account. 6 L.R.A. (N.S.) 820. 
 
 Architect's underestimate of cost of struc- 
 ture as basis of defense against him. 
 42 L.R.A.(N.S.) 125. 
 
 Duress by threat to prosecute relative as a 
 defense. 26 L.R.A. 53. 
 
 Compromise or settlement as defense in 
 action for debts assumed on dissolu- 
 tion of partnership. 9 L.R.A. (N.S.) 
 111. 
 
 Avoidance by infant of release of cause of 
 action ex delicto. 11 L.R.A(N.S.) 690. 
 
 Absence of legal organization as defense to 
 contract for purchase of corporate 
 stock. 15 L.R.A. (N.S.) 409. 
 
 Defenses to action for specific performance 
 of contract for sale of corporate stock. 
 50 L.R.A. 507; 31 L.R.A. (N.S.) 497; 
 L.R.A.1915D, 303. 
 
 Right in action at law to attack release for 
 fraud. 20 L.R.A. (N.S.) 915. 
 
 What misrepresentations as to books sold 
 will constitute a defense to an action 
 for their purchase price. 22 L.R.A. 
 (N.S.) 1210. 
 
 Against contract of members of mutual 
 fire insurance companies. 32 L.R.A. 
 490. 
 
 Special defenses in action to enforce sub- 
 scription for charity. 48 L.R.A.(N.S.) 
 811. 
 
 14. Actions relating to water rights. 
 
 In action for interference with rights of 
 
 ferryman. 59 L.R.A. 553. 
 To action for injury by damming back 
 water of stream. 59 L.R.A. 904. 
 To municipal liability as to drainage. 61 
 
 L.R.A. 706. 
 To liability for safety of wharf or dock. 
 
 61 L.R.A. 954. 
 Defense to wharfage charges. 70 L.R.A. 
 
 208. 
 
 15. Actions for personal injury. 
 
 In action for death, see DEATH, 12, 13. 
 Assumption of risk as, see MASTER AND 
 
 SEUVANT, III. b. 
 Contributory negligence as, see NEGLIGENCE, 
 
 II. 
 
 Violation of Sunday law as defense to 
 action for personal injuries. 36 L.R.A. 
 (N.S.) 547. 
 
 Volenti non fit injitria as defense to actions? 
 by injured servants. 47 L.R.A. 162.
 
 16 
 
 INDEX TO L.R.A. NOTES. 
 
 ACTION OR SUIT, IV. cont'd 
 
 Provocation lessoning assault as dotuis>- 
 to civil action for assault and battery. 
 38 L.R.A. (N.8.) 516. 
 
 1. Availability o^ defense to third 
 person. 
 
 Defense of usury, see USURY, 13. 
 
 Right of third person to take advantage of 
 champerty. 35 L.R.A.(N.S.) 512. 
 
 Right of lien creditor to set up Statute of 
 Limitations against other creditors of 
 his debtor. L.R.A.1918C, 1020. 
 
 Right ot defendant in action by undisclosed 
 principal on the contract made by the 
 agent to avail himself of defenses that 
 would have been available in an action 
 bv the agent in his own right on the 
 contract. 28 L.R.A. (N.S.) 228. 
 
 Right in action by corporate receiver to re- 
 cover unpaid balance of stock subscrib- 
 tions, to interpose defense that would 
 have been available against corpora- 
 tion. 18 L.R.A.(N.S.) 347. 
 
 Right of bank in action by holder for pro- 
 ceeds of commercial paper collected by 
 it to avail itself of defenses that would 
 have been available in an action on the 
 paper. 26 L.R.A. (N.S.) 1098. 
 
 May one who destroys insured property de- 
 feat an action by the owner upon the 
 ground that the right of action is in 
 the insurer. 23 L.R.A.(N.S.) 870; 
 L.R.A.1918F, 145. 
 
 Lack of, or invalidity of franchise as a de- 
 fense to an action by a public service 
 comorntion for service rentals. 52 
 L.R.A.(N.S.) 713. 
 
 V. Splitting; successive actions. 
 
 % 17. Generally. 
 
 Effect of accepting partial allowance of 
 claim against public body. 42 L.R.A. 
 (N.S.) 121. 
 
 Right to maintain separate action for in- 
 terest. 28 L.R.A.(N.S.) 78. 
 
 Right to sue on separate items of account 
 for goods sold on stated periods of 
 credit. 13 L.R.A.(N.S.) 529. 
 
 Right of buyer to maintain separate action 
 for nondelivery of each instalment un- 
 der entire contract. 3 L.R.A. (N.S.) 
 1042. 
 
 Action for wrongful discharge of servant. 
 5 L.R.A.(N.S.) 449, 586; 6 L.R.A. 
 (N.S.) 119. 
 
 Injury both to person and to property at 
 the same time as constituting more 
 than one cause of action. 51 L.R.A. 
 (N.S.) 319. 
 
 Damages sustained on account of injuries 
 to one's self and another at the same 
 time, as constituting one or more than 
 one cause of action. L.R.A.1917C, 544. 
 
 Several actions for death, or injury causing 
 death. 8 L.R.A. (N.S.) 384; L.R.A. 
 1915E, 1095. 
 
 Right to maintain both action for personal 
 injury under survival statute- and ac- 
 tion for death. L.R.A.1915E, 1132. 
 
 Judgment in action for personal injury as 
 abatement of action for death or vice 
 versa. L.R.A.1915E, 1152T. 
 
 ACTION OR SUIT, V. cont'd 
 
 Right to split elements of damages for per- 
 sonal injury and maintain separate ac- 
 tions thereon. L.R.A. 1916B, 743. 
 
 Judgment in action for personal injury or 
 death as bar to a subsequent action 
 based on a different ground of negli- 
 gence. L.R.A.191GD, 1167. 
 
 Libel and slander; publication in different 
 editions or publications as distinct 
 causes of actions. L.R.A.1916A, 1077. 
 
 Right to successive actions in case of con- 
 tinuing nuisance. L.R.A.1916E, 
 1011. 
 
 VI. Joinder. 
 
 18. Generally. 
 
 Joinder of parties, see PARTIES, 25, 36. 
 
 Of actions against officers making arrest. 
 51 L.R.A. 222. 
 
 Right to join in one complaint claims of 
 ordinary and gross negligence arising 
 out of one state of facts. 31 L.R.A. 
 (N.S.) 158. 
 
 Action for wife's libel and slander. 30 
 L.R.A. 527. 
 
 Of actions for damming back water of 
 stream, 59 L.R.A. 886. 
 
 Joinder of statutory action against master 
 with common-law action against serv- 
 ant for hitter's negligence. 12 L.R.A. 
 (N.S.) 675. 
 
 Joinder of action for personal injury with 
 action for wrongful death. L.R.A. 
 1915E, 1138. 
 
 Right to recover in one action for the death 
 of a person and for his suffering be- 
 fore death. 14 L.R.A.(N.S.) 893; 32 
 L.R.A.(N.S.) 867. 
 
 Uniting interests of several parties to ob- 
 tain jurisdictional amount for injunc- 
 tion against enforcement of liens or 
 claims against specific property. 61 
 L.R.A. 786. 
 
 19. Injury to person and to property. 
 
 Injury both to person and property at the 
 same time as constituting more 
 than one cause of action. 50 
 L.R.A. 161; 36 L.R.A. (N.S.) 240; 
 51 L.R.A.(N.S.) 319. 
 
 VII. Stay. 
 
 20. Generally. 
 
 Of proceedings to enforce mortgage for part 
 of mortgage debt. 37 L.R.A. 749. 
 
 VIII. Commencement. 
 
 21. Generally. 
 
 When action based on service by publica- 
 tion deemed commenced for purpose of 
 statute of limitations. 28 L.R.A. 
 (N.S.) 702. 
 
 Begin with this boo/.* on every law question. 
 
 ACTIVE NEGLIGENCE. 
 
 Liability to trespasser or bare licensee for 
 active as distinguished from passive 
 negligence. 36 L.R.A. (N.S.) 492.
 
 INDEX TO L.R.A. NOTES. 17 
 
 ACTIVE PARTNERS. I ADAPTATION. 
 
 Compensation of. 17 L.R.A. (N.S.) 394; Of right of way. L.R.A.1918A, 593. 
 L.R.A.1917F, 576. 
 
 ACTIVE TRUSTS. 
 
 See TBUSTS, 5. 
 
 ACT OF BANKRUPTCY. 
 
 See BANKRUPTCY, 2. 
 
 ACT OF GOD. 
 
 1. Generally. 
 
 See also INEVITABLE ACCIDENT; Vis MAJOR. 
 
 As affecting rights in water course. 30 
 L.R.A. 820. 
 
 Liability for injury by escape through act 
 of God of water stored on one's prem- 
 ises. 15 L.R.A.(N.S.) 547. 
 
 Liability of contractor to replace bridge de- 
 stroyed by unprecedented flood against 
 which he does not contract. 15 L.R.A. 
 (N.S.) 833. 
 
 As excuse for nonperformance of contract. 
 L.R.A.1916F, 26. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by rainfall. 
 49 L.R.A.(N.S.) 198. 
 
 2. What constitutes. 
 
 Snowstorm as. 24 L.R.A.(N.S.) 1209. 
 
 Is destruction by decay rendering premises 
 untenantable within landlord's covenant 
 to repair or the statute relieving ten- 
 ant from rent in case of destruction by 
 act of God or elements. 21 L.R.A. 
 (N.S.) 130. 
 
 Destruction of boom or dam by unprecedent- 
 ed flood as affecting the liability of one 
 under contract to build and maintain 
 it. 35 L.R.A. (N.S.) 1109. 
 
 Insanity or illness as. 4 L.R.A. (N.S.) 898. 
 
 Vessel striking submerged object as act of 
 God. L.R.A.1915C, 423. 
 
 3. Effect of, on carrier's liability. 
 
 Effect of, on carrier's liability as to freight, 
 see CARRIERS, 111. 
 
 Presumption of negligence from injury to 
 passenger by derailment by. 13 L.R.A. 
 (N.S.) 608; L.R.A.1916C, 372. 
 
 ACTORS. 
 
 Applicability of master and servant doctrine 
 to case of actor. 37 L.R.A. (N.S.) 514. 
 
 ADDITIONAL AFFIDAVITS. 
 
 For attachment. 31 L.R.A. 427. 
 
 ADDITIONAL BOND. 
 
 See ADDITIONAL SECURITY. 
 
 ADDITIONAL. COMPENSATION. 
 
 Of expert witness. 27 L.R.A. 669. 
 Promise of, as consideration for agreement 
 
 to complete contract. 34 L.R.A. 38; 
 
 L.R.A.1917D, 1104. 
 
 ADDITIONAL COUNSEL. 
 
 Attorney's right to withdraw from suit be- 
 cause of employment of. 35 L.R.A. 
 (N.S.) 962. 
 
 ADDITIONAL LOCATION. 
 
 See MINES, 20. 
 
 ADDITIONAL PENALTY. 
 
 Power of municipality to impose for what 
 is also offense under state law. 17 
 L.R.A.(N.S.) 56. 
 
 ADDITIONAL SECURITY. 
 
 In Federal Supreme Court. 66 L.R.A. 860. 
 Filing additional replevin bond as release 
 
 of sureties on original undertaking. 29 
 
 L.R.A.(N.S.) 752. 
 
 ADDITIONAL SERVITUDE. 
 
 See EMINENT DOMAIN, 54-57. 
 
 Consult wlso L..R.A. Digests of Cases. 2 
 
 ADDITIONS. 
 
 To party wall, see PARTY WALL, 3. 
 
 Revaluation of homestead because of. 
 
 L.R.A. 402. 
 Import of, in policy of insurance. 33 L.R.A. 
 
 (N.S.) 156. 
 
 44
 
 18 
 
 INDEX TO L.R.A. NOTES. 
 
 ADDRESS. 
 
 Forgery by falsification of. 54 L.R.A. T'.i'.i 
 Telegraph company's duty as to discovering 
 
 unknown sendee in case of mistake in 
 
 address. 22 L.R.A. (N.S.) 767. 
 Public addresses derogatory to parties to 
 
 litigation as contempt of court. 2 
 
 B. R. C. 500. 
 
 ADEMPTION. 
 
 See WILLS, 121-123. 
 
 ADEQUATE REMEDY AT LAW. 
 
 See EQUITY, 3; INJUNCTION, 3. 
 
 *--* 
 
 ADJOINING OWNER. 
 
 Right to lateral support, see LATERAL 
 
 SUPPORT. 
 
 Matters as to party wall, see PABTY WALL. 
 Contributory negligence of owner of land 
 
 adjoining railroad right of way, see 
 
 RAILROADS, 85, 86. 
 See also ABUTTING OWNERS. 
 
 Right of, to notice to redeem from tax sale. 
 44 L.R.A.(N.S.) 672. 
 
 Liability for interference with view of ad- 
 joining owner. L.R.A.1917C, 1135. 
 
 Liability for injury to person by falling of 
 adjoining walls or buildings. 34 L.R.A. 
 560. 
 
 Liability for injury from matter precipi- 
 tated upon adjoining property. 36 
 L.R.A.(N.S.) 1171. 
 
 Right to discharge water, snow, or ice from 
 roof upon premises of adjoining 
 owner. L.R.A.1916A, 693. 
 
 Liability for damages caused by filling 
 space between building and wall of ad- 
 joining building. L.R.A.1916D, 765. 
 
 Effect of encroachment of building on ad- 
 joining premises on marketability of 
 title. 38 L.R.A. (N.S.) 33. 
 
 Liability of owner or occupier of land to 
 servants working on adjacent premises. 
 46 L.R.A. 104. 
 
 Liability for spread of weeds or noxious 
 vegetation to adjoining premises. 52 
 L.R.A. 293. 
 
 Employer's liability for work of independent 
 contractor which is dangerous to ad- 
 joining landowner. 65 L.R.A.! 849. 
 
 Liability in absence of negligence for dam- 
 ages from substance thrown in blast- 
 ing. 34 L.R.A.(N.S.) 211; L.R.A. 
 1917A, 1016. 
 
 Driving foul air against neighbor's win- 
 dows as nuisance. 9 L.R.A. (N.S.) 695. 
 
 Right of owner or occupant of neighboring 
 property to enjoin maintenance of 
 house of prostitution. 11 L.R.A. (N.S.) 
 1060; 42 L.R.A.(N.S.) 1041; L.R.A 
 1918D, 819. 
 
 ADJOINING OWNER cont'd 
 
 Injury to gas or oil well from acts done 
 
 on adjoining premises. 48 L.R.A. (N.S.) 
 
 167. 
 Right of one who pumps oil, gas, or water 
 
 on his premises to enjoin similar acts 
 
 of his neighbor. 30 L.R.A. (N.S.) 1057. 
 Duty to keep gates in railroad fence 
 
 closed. 49 L.R.A. 625. 
 
 ADJOURNMENT. 
 
 Of action or prosecution, see CONTINUANCE. 
 
 Loss of priority of execution by creditor's 
 consent to postponement of sale. 27 
 L.R.A. 374. 
 
 Judicial sale on adjourned or postponed 
 date. 38 L.R.A. (N.S.) 249. 
 
 ADJUDICATION. 
 
 See JUDGMENT. 
 
 ADJUSTMENT. 
 
 Of claims against insolvent insurance com- 
 pany. 38 L.R.A. 100. 
 
 ADMINISTRATION. 
 
 Of decedent's estate, see EXECUTORS AND 
 ADMINISTRATORS. 
 
 ADMINISTRATOR DE BONIS NON. 
 
 Powers of, see EXECUTORS AND ADMINIS- 
 TRATORS, 13. 
 
 Liability of, see EXECUTORS AND ADMINIS- 
 TRATORS, 20a. 
 
 What assets pass to, see EXECUTORS AND 
 ADMINISTRATORS, 32. 
 
 Revocation of probate as a termination of 
 appointment of administrator, c. t. a. 
 21 L.R.A.(N.S.) 975. 
 
 Liability of estate for debts contracted and 
 expenses incurred by, in carrying on 
 business. 40 L.R.A. (N.S.) 227. 
 
 ADMINISTRATOR WITH THE WILL 
 ANNEXED. 
 
 See ADMINISTRATOR DE BONIS NON. 
 
 Begin u*ith this book on every law question. 
 
 ADMIRALTY. 
 
 1. Generally. 
 
 Maritime liens, see MARITIME LIENS. 
 As to shipping generally, see SHIPPING.
 
 INDEX TO L.R.A. NOTES. 
 
 ADMIRALTY cont'd 
 
 Distinction between public or governmental 
 and private or corporate functions oi 
 municipality as affecting its liability in 
 admiralty for torts of its agents. 
 L.R.A.1918A, 1079. 
 
 Pendency of admiralty cases in both state 
 and Federal courts. 42 LJR.A. 462. 
 
 Rule and evidence in admiralty where party 
 fails to introduce documentary ("the 
 best") evidence which would properly 
 be part of the case. 34 L.R.A. 585. 
 
 May substantive law of state be invoked in 
 an action for personal injuries, not re- 
 sulting in death, on waters within the 
 maritime jurisdiction. L.R.A.1917F, 
 678. 
 
 Conclusiveness of sentence of foreign court 
 of admiralty. 20 L.R.A. 668. 
 
 Imprisonment under orders of court in, as 
 imprisonment for debt. 34 L.R.A. 664. 
 
 Limit of liability on bond. 55 L.R.A. 395. 
 
 Right to recover funeral or medical ex- 
 penses of person negligently killed. 2 
 B. R. C. 714. 
 
 Right to interest on unliquidated damages. 
 28 L.R.A. (N.S.) 7, 80. 
 
 Rate of interest allowed by admiralty court 
 in case of marine tort as affected by 
 place of occurrence or suit. 51 L.R.A. 
 (N.S.) 966. 
 
 Applicability of the Federal Employers' Lia- 
 bility Act or State Compensation Acts 
 to injuries within admiralty jurisdic- 
 tion. L.R.A.1918C, 474. 
 
 Limitation of application of workmen's 
 compensation statute by Federal laws. 
 L.R.A.1916A, 461; L.R.A.1917D, 85. 
 
 2. Jurisdiction. 
 
 Admiralty jurisdiction of right to fish. 60 
 L.R.A. 504. 
 
 Jurisdiction and powers of consul in prize 
 cases. 45 L.R.A. 495. 
 
 Jurisdiction and powers of consul with re- 
 spect to seamen. 45 L.R.A. 486, 488, 
 493. 
 
 Jurisdiction and powers of consul as to dis- 
 abled vessels. 45 L.R.A. 495. 
 
 Jurisdiction of action growing out of col- 
 lision of vessel with bridge. 21 L.R.A. 
 (N.S.) 324. 
 
 Action in admiralty for nondelivery of goods 
 delivered to carrier for transportation 
 to purchaser or consignee. 22 L.R.A. 
 429. 
 
 Right to sue in admiralty for damages re- 
 sulting from injury to another. 42 
 L.R.A.(N.S.) 640. 
 
 Will action in rem lie against proceeds of 
 private sale of property against which 
 such an action would lie. 2 B. R. C. 
 68. 
 
 Jurisdiction of admiralty to enforce Fed- 
 eral employers' liability act. 47 
 L.R.A. (N.S.) 73. 
 
 Jurisdiction of admiralty over suit for in- 
 jury to stevedore. 51 L.R.A. (N.S.) 
 1157. 
 
 Jurisdiction of, and law governing, action 
 for death on waters. L.R.A. 191 6 A, 
 1157. 
 
 Consult also L.R.A. Digests of Cases, 
 
 ADMIRALTY cont'd 
 
 Of suits for adjustment of rights between 
 
 part owners of ship. L.R.A.1917A, 
 
 1108. 
 
 3. of contracts. 
 
 Generally. 66 L.R.A. 193. 
 
 ADMISSION. 
 
 On application for continuance, see CON- 
 TINUANCE, 3. 
 
 Estoppel by, see ESTOPPEL, 16. 
 Evidence of, see EVIDENCE, 215. 
 Of state, see STATE, 2. 
 During trial, see TRIAL, 8, 9. 
 By trustees, see TRUSTS, 23. 
 
 Power of corporate president and vice- 
 president as to. 14 L.R.A. 359: 
 
 By fiduciaries in actions. 32 L.R.A. 671. 
 
 Denial of continuance on admissions by 
 prosecution as affected by right of ac- 
 cused to meet witnesses. 16 L.R.A. 
 239. 
 
 Of service against foreign corporation. 23 
 L.R.A. 500. 
 
 In prosecution under statute enhancing 
 penalty for crime by prior offenders. 
 34 L.R.A. 405. 
 
 As cumulative evidence. 14 L.R.A. 611. 
 
 Effect of, on burden of proof and right to 
 open and close. 61 L.R.A. 513. 
 
 Of genuineness of handwriting used as 
 standard of comparison. 63 L.R.A. 432. 
 
 Inconsistency in defenses as. 48 L.R.A. 203. 
 
 Entries in books of account as. 53 L.R.A. 
 534. 
 
 Judgment in criminal action as, in civil 
 action. 11 L.R.A. (N.S.) 662. 
 
 Assumption of debts on dissolution of part- 
 nership by. 9 L.R.A. (N.S.) 63. 
 
 Of service of process by statutory agent of 
 foreign corporation appointed to re- 
 ceive service. 2 L.R.A. (N.S.) 389. 
 
 Impeachment of enrolled bill by admissions 
 or litigants. 40 L.R.A.(N.S.) 33. 
 
 ADOPTED STATUTES. 
 
 Construction of, see STATUTES, 27. 
 
 ADOPTION. 
 
 Of Constitution, see CONSTITUTIONAL LAW, 
 
 3. 
 Of child, see PARENT AND CHILD, 16-18. 
 
 Of nuisance as rendering one liable therefor. 
 32 L.R.A. (N.S.) 900. 
 
 Of lease by receiver or assignee for creditors 
 of lessee. 59 L.R.A. 676. 
 
 Employer's adoption of independent con- 
 tractor's tort as affecting former's lia- 
 bility for injuries occurring during 
 work. 66 L.R.A. 956.
 
 20 
 
 INDEX TO L.R.A. NOTES. 
 
 ADULTERATION. 
 
 Of food, see FOOD, 2. 
 
 Right to require that articles offered for 
 sale shall answer a designated stand 
 ard of purity. 41 L.R.A.(N.S.) 149 
 
 ADULTERY. 
 
 8 1. Generally. 
 
 Slander in charging woman with, see LIBEL 
 
 AND SLANDER, 12. 
 See also FORNICATION. 
 
 Former jeopardy in case of. L.R.A.1915A, 
 256. 
 
 Solicitation to commit adultery as a crimi- 
 nal offense. L.R.A.1918A, 98. 
 
 Adultery of wife with consent or conniv- 
 ance of husband as justification of 
 abandonment or nonsupport by latter. 
 L.R.A.1917D, 640. 
 
 Injunction against enforcing contracts for 
 illicit intercourse. 48 L.R.A. 844. 
 
 Construction and effect of provisions requir- 
 ing prosecution to be upon complaint 
 of husband or wife. 19 L.R.A.(N.S.) 
 786. 
 
 Legitimation of offspring of adulterous in- 
 tercourse. 1 L.R.A.(N.S.) 773.' 
 
 By one spouse as avoiding gift of other 
 spouse. 35 L.R.A. (N.S.) 124. 
 
 Effect of, on right of parent to custody of 
 child. 41 L.R.A.(N.S.) 601. 
 
 Effect of, on wife's statutory right of ac- 
 tion for death of husband. L.R.A. 
 1916E, 129. , 
 
 Assault to prevent commission of adultery 
 with wife in future. 18 L.R.A. (N.S.) 
 688. 
 
 Degree of homicide in killing wife as affect- 
 ed by her confession of, or declaration 
 of intent to commit, adultery. 38 
 L.R.A. (N.S.) 99. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance. 
 38 L.R.A.(N.S.) 313. 
 
 2. What constitutes. 
 
 Effect of fact that but one of the parties 
 is married upon the offense of "adul- 
 te-v." 18 L.R.A.(N.S.) 580; L.R.A. 
 1915D, 438. 
 
 What necessary to constitute open, noto- 
 | rious. L.R,A.1918F, 595. 
 
 3. Defenses. 
 
 Insanity as affecting. 34 L.R.A. 162. 
 
 Ignorance of defendant, in prosecution for 
 adultery, that other party was mar- 
 ried, as a defense. 18 L.R.A. (N.S.) 
 527. 
 
 Acquittal of one of the parties, as bar to 
 prosecution of the other. 49 L.R.A. 
 (N.S.) 479. 
 
 4. Evidence in prosecution for. 
 
 Necessity of proof of marriage in prosecu- 
 tion for. 68 L.R.A. 44, 72. 
 
 Evidence of other crimes in prosecution for. 
 62 L.R.A. 329. 
 
 ADULTERY cont'd 
 
 Husband or wife as witness against the 
 other in prosecution for. L.R.A. 19J7E, 
 1133. 
 
 Competency of one spouse to testify as to 
 misconduct of other spouse on indict- 
 ment of paramour for adultery. 39 
 L.R.A.(N.S.) 318. 
 
 Age of alleged accomplice as affecting neces- 
 sity of corroboration of testimony. 
 L.R.A.1915E, 1224. 
 
 5. Divorce cases. 
 
 As ground for divorce, see DIVORCE AND 
 SEPARATION, 22. 
 
 Charge of, as ground for divorce, see DI- 
 VORCE AND SEPARATION, 23. 
 
 Effect of, on right to alimony, see DIVORCE 
 AND SEPARATION, 46. 
 
 Adultery of plaintiff as ground for relief 
 from divorce. L.R.A.1917B, 464. 
 
 ADULTS. 
 
 Rights of, in parent's homestead. 56 
 
 L.R.A. 53. 
 Adoption of, under statute providing for 
 
 adoption of child. 12 L.R.A. (N.S.) 884. 
 Statutory right of parent to recover for 
 
 death of adult child. L.R.A.1916E, 
 
 190. 
 Statutory right of adult child to recover 
 
 for death of parent. L.R.A.1916E, 176. 
 Support of adult child as an advancement. 
 
 22 L.R.A.(N.S.) 1165. 
 
 Begin tvith this book on every law question. 
 
 ADVANCEMENT. 
 
 1. Generally. 
 
 Interest on, or to equalize. 14 L.R.A. 716. 
 Bringing advancements into hotchpot in 
 
 cases of partial intestacy. 4 B. R. C. 
 
 268. 
 
 2. What constitutes. 
 
 Support of adult child as an advancement. 
 
 22L.R.A.(N.S.) 1165. 
 
 ift to one spouse by parent of the other 
 as advancement or ademption. 26 
 L.R.A.(N.S.) 1050. 
 
 rantee's oral promise to grantor to hold in 
 trust as giving rise to constructive 
 trust where conveyance was by way of 
 advancement to child. 39 L.R.A. (N.S.) 
 920. 
 
 3. Effect of. 
 
 iight of one receiving advancement and 
 executing release of interest in es- 
 tate to share in after-acquired 
 property. 65 L.R.A. 578. 
 
 8 4. Evidence as to. 
 
 Admissibility of books of account to prove. 
 52 L.R.A. 707. 
 
 Parol evidence to show that deed was in- 
 tended as an advancement. 20 L.R.A. 
 108; 25 L.R.AVN.S.) 1205.
 
 INDEX TO L.R.A. NOTES. 
 
 21 
 
 ADVANCES. 
 
 1. Generally. 
 
 By factor, see FACTOR, 3. 
 
 Mortgage of future crops to secure. L.R.A. 
 1917C, 18. 
 
 Damages for broach of contract to make. 
 37 L.R.A. 233; L.R.A.1916F, 506. 
 
 Estoppel to set up original obligee's breach 
 of condition to make future advances 
 as against assignee of contract for pay- 
 ment of money not protected by the 
 law merchant. 23 L.R.A. (N.S.) 178. 
 
 Right of purchaser to compel return of 
 advanced payments upon resale by 
 vendor after purchaser's default. 35 
 L.R.A. (N.S.) 532. 
 
 Right of broker to recover advances made 
 in furthering wagering contract. 11 
 L.R.A.(N.S.) 575. 
 
 2. Lien or security for. 
 
 Maritime liens for. 70 L.R.A. 367, 414, 
 439. 
 
 Sale or mortgage of future crops to secure. 
 23 L.R.A. 467. 
 
 Keeping equitable mortgage alive after pay- 
 ment as security for further advances. 
 1 L.R.A. (N.S.) 405. 
 
 Right of one who advances money to an- 
 other for purpose of redeeming from 
 the sale under mortgage to be sub- 
 rosrated to lien of mortgage. 23 L.R.A. 
 (N.S.) 190. 
 
 Right of one advancing money for purchase 
 price of property to be subrogated to 
 vendor's lien. 37 L.R.A. (N.S.) 1203. 
 
 Permitting conveyance to attorney of sub- 
 ject-matter of litigation or retainer 
 from client to stand as security for ad- 
 vances by former. 23 L.R.A. (N.S.) 
 689. 
 
 Security for. as participation by creditors 
 in debtor's fraudulent intent. 31 
 L.R.A. 631. 
 
 3. Priority of claim for. 
 
 Priority as between mortgages for advances 
 and mechanics' liens. 14 L.R.A. 307. 
 
 Priority of claims against property in hands 
 of receiver for money advanced. 2 
 L.R.A. (N.S.) 1026, 1044, 1060. 
 
 4. Guaranty of. 
 
 Generally. 16 L.R.A. (N.S.) 370. 
 
 Request to make advances to another as im- 
 plied guaranty of payment. 15 L.R.A. 
 (N.S.) 1115;* 46 L.R.A. (N.S.) 484. 
 
 5. Interest on. 
 
 Right of partner to interest on advances. 
 35 L.R.A.(N.S.) 223. 
 
 
 
 6. Requiring payment in advance. 
 
 Discrimination by public service corpora- 
 tion by requiring payment of rental in 
 advance. 31 L.R.A. (N.S.) 315. 
 
 Right of public service corporation to re- 
 quire payment of rentals in advance. 
 31 L.R.A\ (N.S.) 319. 
 
 Consult also L.ll.A. Digests of Cases. 
 
 ADVANCES cont'd 
 
 Destruction of premises as affecting rent 
 paid or payable in advance. 33 L.R.A. 
 (N.S.) 540. 
 
 Necessity for payment in advance by travel- 
 er at inn. 2 B. R. C. 690. 
 
 ADVERSE CLAIM. 
 
 1. Generally. 
 
 As cloud on title, see CLOUD ON TITLE. 
 
 Sheriff's duty as to adverse claims to pro- 
 ceeds of judgments in his hands ex- 
 cept in cases of rival executions. 47 
 L.R.A. 737. 
 
 As rendering title unmarketable. 38 L.R.A 
 (N.S.) 29. 
 
 Yielding to adverse claimant as affecting 
 buyer's right to assert breach of war- 
 ranty of title of personal property 
 L.R.A.1918B, 1138. 
 
 2. In mine. 
 
 To granting of patent to mining claim, see 
 MINES, 24. 
 
 ADVERSE HOLDING. 
 
 What amounts to an adverse holding, by 
 third persons, of property acquired from 
 bankrupt. 8 L.R.A.(N.S.) 1232. 
 
 ADVERSE PARTY. 
 
 As witness, right to impeach. 21 L.R.A. 
 425. 
 
 ADVERSE POSSESSION. 
 
 I. In general, 1. 
 II. What constitutes, 2-14. 
 III. Color of title, 15-18. 
 IV. Effect: title 1>y, Iff. 
 
 V. Continuity; tacJcing, 2O. 
 VI. Abandonment, 21. 
 
 I. In general. 
 
 1. Generally. 
 
 Conveyance of land held adversely, see 
 
 CHAMPEBTY AND MAINTENANCE. 
 Easement by prescription, see EASEMENTS, 
 
 It. 
 
 Prescriptive right to maintain nuisance, see 
 NUISANCES, 26. 
 
 Acquirement of water rights by prescrip- 
 tion, see WATERS, 101-105. 
 
 As to statute of limitations generally, see 
 LIMITATION OF ACTIONS. 
 
 Right to make persons in open adverse pos- 
 session of land parties to an action 
 as unknown claimants. L.R.A.1918F, 
 619. 
 
 Right of adverse occupant to notice to re- 
 deem from tax sale. 44 L.R.A. (N.S.) 
 676. 
 
 Conflict of laws as to. 48 L.R.A. 635.
 
 22 
 
 INDEX TO L.R.A. NOTES. 
 
 ADVERSE POSSESSION, I. cont'd 
 
 Nonusc of easement accompanied by ad- 
 verse use. 18 L.R.A. 537. 
 
 Duration of adverse use. 18 L.R.A. 538. 
 
 Right, by or against one in adverse posses- 
 sion of land, to maintain replevin for 
 things severed. 69 L.R.A. 732. 
 
 Bailee's right to assert against bailor hos- 
 tile adverse paramount' title of third 
 person. 33 L.R.A.(N.S.) 681; L.R.A. 
 191 8B, 662. 
 
 Jurisdiction of equity, on ground of avoid- 
 ing multiplicity of suits, over suit for 
 possession of separate parcels of land 
 held adversely by different claimants 
 under a common source. 14 L.R.A. 
 (N.S.) 239. 
 
 Federal courts following state decisions on 
 questions relating to. 40 L.R.A. (N.S. ) 
 425. 
 
 II. What constitutes. 
 
 2. Generally. 
 
 Use of private alley by public as permissive 
 or prescriptive. L.R.A.1917E, 723. 
 
 Right of one in permissive possession of 
 real property to acquire title by ad- 
 verse possession. 12 L.R.A. (N.S.) 
 1140. 
 
 Possession taken under mistaken belief that 
 land is part of the public domain, as 
 adverse to true owner. 31 L.R.A. 
 (N.S.) 153. 
 
 Acquiring title to mining claim by ad- 
 verse possession. 40 L.R.A. (N.S.) 
 817. 
 
 Adverse possession by religious society. 27 
 L.R.A.(N.S.) 388. 
 
 Prescription or adverse possession of grave 
 or burial lot. 40 L.R.A. (N.S.) 752. 
 
 When right of burial in private burial 
 ground is barred by adverse posses- 
 sion. 42 L.R.A.(N.S.) 1138. 
 
 3. On boundary. 
 
 Adverse possession due to ignorance or mis- 
 take as to boundary. 21 L.R.A. 
 829; 33 L.R.A. (N.S.) 923. 
 
 4. Vendor and purchaser. 
 
 Effect of warranty deed to prevent grantor 
 from asserting title by adverse posses- 
 sion, subsequently initiated, as against 
 his grantee or his privies. 25 L.R.A. 
 (N.S.) 129. 
 
 5. Donor and donee. 
 By donee under parol gift. 
 
 35 L.R.A. 835. 
 
 6. Landlord and tenant. 
 
 Estoppel of tenant to dispute landlord's ti- 
 tle, see ESTOPPEL, 36. 
 
 Adverse possession by tenant against land- 
 lord's title. 53 L.R.A. 941; 12 LRA 
 (N.S.) 1148. 
 
 7. Mortgagor and mortgagee. 
 By mortgagor or grantee against mortgagee. 
 1 L.R.A. (N.S.) ]036. 
 
 Begin with this boofr on every law question. 
 
 ADVERSE POSSESSION, II. cont'd 
 Is possession of a mortgagee who enters 
 under incomplete or defective foreclo- 
 sure adverse to mortgagor. 23 L.R.A. 
 (N.S.) 754. 
 
 Possession of party to mortgage as adverse 
 within rule against conveyance of land 
 held adversely. 35 L.R.A. (N.S.) 751. 
 
 8. Tenants in common and by en- 
 tireties. 
 
 When does possession under invalid proceed- 
 ings for sale of decedent's land to pay 
 his debts become adverse as to re- 
 maindermen. L.R.A.1917E, 1109. 
 
 Effect of conveyance by one cotenant to 
 third person to found adverse pos- 
 session against others. 32 L.R.A. 
 (N.S.) 702. 
 
 Presumption of ouster of one tenant in com- 
 mon from long-continued, undisturbed 
 possession of another. 10 L.R.A. (N.S.) 
 185. 
 
 Against wife holding by entireties. 30 
 L.R.A. 335. 
 
 Possession by one tenant as adverse within 
 rule against conveyance of land held 
 adversely. 35 L.R.A.(N.S.) 752. 
 
 9. Remaindermen or reversioners. 
 
 Against remaindermen and owners of fu- 
 ture estates. 19 L.R.A. 839. 
 
 Does the continuation by a life tenant, or 
 his grantee, of an adverse possession 
 initiated by the creator of the life es- 
 tate, inure to the benefit of the remain- 
 dermen. 24 L.R.A. (N.S.) 1055. 
 
 Power of one who, by will or law, takes an 
 estate for life or years in real property 
 to which decedent held the equitable 
 title only, to initiate adverse possession 
 as against the remainderman by procur- 
 ing a conveyance of the fee from the 
 holder of the legal title. 9 L.R.A. (N.S.) 
 750. 
 
 Effect of husband's life estate to suspend or 
 prevent running of statute of limita- 
 tions against wife's title to real estate 
 adversely possessed. 10 L.R.A. (N.S.) 
 86. 
 
 Possession of life tenant as adverse within 
 rule against conveyance of land held 
 adversely. 35 L.R.A.(N.S.) 753. 
 
 10. By or against public. 
 
 Power of state to secure title to private 
 
 property by adverse possession. 15 
 
 L.R.A.(N.S.) 1120. 
 Applicability of statute of limitations to 
 
 actions by agencies of state. 3 L.R.A. 
 
 (N.S.) 746; 22 L.R.A. (N.S.) 921; 
 
 L.R.A.1916E, 97. 
 Acquisition of title by prescription against 
 
 public. 26 L.R.A. 451. 
 ^Acquisition by prescription of title to land 
 
 for purposes of canal. 61 LiR.A. 877. 
 
 11. railroad right of way. 
 
 Adverse possession of railroad right of way. 
 
 2 L.R.A. (N.S.) 272; L.R.A.1916B, 657. 
 Acquisition of prescriptive right of way 
 
 across railroad tracks. 35 L.R.A. (N.S.) 
 
 190; 4S L.R.A. (N.S.) 903.
 
 INDEX TO L.R.A. NOTES. 
 
 23 
 
 ADVERSE POSSESSION, II cont'd 
 12. highway or alley. 
 
 Acquiring highway by prescription, see 
 
 HIGHWAYS, 5. 
 Prescriptive right to maintain obstruction 
 
 in highway, see HIGHWAYS, 39. 
 
 Rights acquired as against the public by ad- 
 verse possession of highway or city 
 street. 18 L.R.A. 146. 
 Encroachment on public street or alley by 
 occupier of abutting property, for stor- 
 age or other similar purposes, as basis 
 of adverse possession. 36 L.R.A. (N.S.) 
 1056. 
 
 13. Hostility. 
 
 Effect of mistake, see MISTAKE, 16. 
 
 As essential element in adverse possession. 
 15 L.R.A.(N.S.) 1192. 
 
 As essential element in case of adverse pos- 
 session of railroad right of way. 
 L.R.A.1916B, 661. 
 
 14. Extent; kind of possession. 
 
 Working part of mine as adverse possession 
 of whole property. 3 B. R. C. 418. 
 
 Inclosure of right of way as. 1 L.R.A. 
 (N.S.) 565. 
 
 III. Color of title. 
 
 15. Generally. 
 
 Quitclaim, see QUITCLAIM DEED, 5. 
 
 Parol partition to give color of title. 16 
 L.R.A. 326. 
 
 Quitclaim deed as color of title for pur- 
 poses of adverse possession. 4 L.R.A. 
 (N.S.) 776. 
 
 Unrecorded deed as color of title. L.R.A. 
 191 5B, 1006. 
 
 Fraudulent deed as color of title. L.R.A. 
 1918E, 1049. 
 
 Void parol conveyance of easement as foun- 
 dation for casement by prescription. 
 13 L.R.A. (N.S.) 991. 
 
 Must ancestor have been in possession to 
 give heirs the benefit of his color of 
 title. 42 L.R.A.(N.S.) 403. 
 
 16. Tax certificate as. 
 
 Is possession under tax certificate during 
 redemption period adverse. 13 L.R.A. 
 (N.S.) 627. 
 
 8 17. Invalid tax deed as. 
 
 Effect of an invalid tax deed as color of 
 title within general statutes of lim- 
 itations. 11 L.R.A. (N.S.) 772. 
 Does a void tax deed set in motion special 
 statutes of limitations governing 
 actions to recover lands sold for 
 taxes. 27 L.R.A. (N.S.) 339. 
 Statute limiting time for attack on tax sale 
 or creating conclusive presumption as 
 to its validity as applied to a sale un- 
 der proceedings void for jurisdictional 
 defects under which possession had not 
 been taken. 8 L.R.A. (N.S.) 157. 
 
 18. Necessity of. 
 
 The necessity of color of title when not ex- 
 pressly made a condition by stat- 
 ute to found title by adverse pos- 
 session. 15 L.R.A. (N.S.) 1178. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ADVERSE POSSESSION cont'd 
 IV. Effect; title by. 
 
 19. Generally. 
 
 Loss of easement by, see EASEMENTS, 26. 
 Effect of, on dower right, see DOWER, 14. 
 
 Use of possessorv title as a weapon of 
 offense. 46 L.R.A. (N.S.) 487. 
 
 Effect of, on right to partition. 20 L.R.A. 
 626. 
 
 Effect of, to extinguish easement of right 
 of way. 22 L.R.A. (N.S.) 889. 
 
 Right of one in adverse possession to main- 
 tain trespass quare clausum fregit. 
 30 L.R.A. (N.S.) 266. 
 
 Title by, as marketable title. 38 L.R.A. 
 (N.S.) 26. 
 
 Title to flats by. 40 L.R.A. 394. 
 
 Title to is land by. 58 L.R.A. 677. 
 
 Rights of person in adverse possession with 
 respect to accretions to shore lands. 
 58 L.R.A. 209. 
 
 Extent of rights acquired by adverse pos- 
 session of surface of land. 4 B. R. C. 
 238. 
 
 Bar of curtesy by adverse possession. 52 
 L.R.A. (N.S.) 525. 
 
 Rights under the Torrens Law of one in 
 adverse possession. L.R.A. 191 6D, 58. 
 
 V. Continuity; tacteing. 
 
 20. Generally. 
 
 Unbroken continuity as essential element 
 of adverse possession. ]5 L.R.A. (N.S.) 
 1202. 
 
 Parol transfer of possession as basis of tack- 
 ing. 35 L.R.AJN.S.) 498. 
 
 Suit affecting title to real estate not prose- 
 cuted to an actual change of possession 
 as breaking the continuity of possession 
 so as to toll the Statute of Limitations. 
 L.R.A.1918A, 1046.- 
 
 Possession of executor or administrator as 
 continuation of that of ancestor. L.R.A. 
 1917C, 147. 
 
 Does continuation by grantee of life tenant 
 in possession initiated by creator of life 
 estate, inure to benefit of remainder- 
 men. 24 L.R.A. (N.S.) 1055. 
 
 VI. Abandonment. 
 
 21. Generally. 
 
 Effect of abandonment on title to real prop- 
 erty acquired by adverse possession. 
 
 24 L.R.A. (N.S.) 1161. 
 
 ADVERTISING. 
 
 8 1. Generally. 
 
 Damages for breach of advertising contract. 
 22 L.R.A. (N.S.) 272. 
 
 Responsibility of publisher to patrons of 
 advertiser. L.R.A.1918C, 820. 
 
 Right of action of occupant of premises 
 abutting on highway for interference 
 with the public's view of goods or ad- 
 vertising displaved thereon. 6 B. R. C. 
 493.
 
 24 
 
 INDEX TO L.R.A. NOTES. 
 
 ADVERTISING cont'd 
 
 Advertising lost or stolen paper as putting 
 purchaser on inquiry. 29 L.R.A. (N.S.) 
 383. 
 
 Pass in consideration of, as violation of 
 statute forbidding discrimination in 
 passenger rates. 23 L.R.A. (N.S.) 217; 
 31 L.R.A. (N.S.) 667; L.R.A.1918B, 
 1117. 
 
 Authority of traveling salesman to make 
 advertising contract. 41 L.R.A. (N.S.) 
 1019. 
 
 Prohibiting or restricting advertising as in- 
 terference with interstate commerce. 
 L.R.A.1917E, 701. 
 
 Constitutionality of statute requiring one 
 advertising for help during strike to 
 mention its existence. 49 L.R.A. (N.S.) 
 879. 
 
 Statute or ordinance forbidding or restrict- 
 ing advertisements of intoxicating li- 
 quors. L.R.A.1916B, 895. 
 
 Use of another's trademark or insignia not 
 technically a trademark for advertising 
 purposes as infringement or unfair 
 competition. L.R.A.1915B, 889. 
 
 Right of action for use of photograph or 
 name for advertising purposes. 24 
 L/R.A.(N.S.) 9m ; 34 L.R.A. (N.S.) 
 1137; L.R.A.1915C, 839; L.R.A.1918D, 
 1152. 
 
 2. I?' or on what. 
 
 Use of highway for purposes of, see HIGH- 
 WAYS, 16. 
 
 On walls of building, see WALLS, 2. 
 See also BILLBOARDS. 
 
 Exercise of police power for esthetic pur- 
 poses. 34 L.R.A. (N.S.) 998; L.R.A. 
 1917A, 1220. 
 
 Grant of right to use other public places 
 for advertising, purposes. 9 L.R.A. 
 (N.S.) 455. 
 
 Right of railroad, street railway, or other 
 common carrier, to contract for the 
 use of its cars for advertising pur- 
 poses. 24 L.R.A.(N.S.) 1010. 
 
 3. Penalty for. 
 
 By attorney as ground for disbarment. 9 
 
 L.R.A.(N.S.) 282; 33 L.R.A. (N.S.) 
 
 941; L.R.A.1917B, 1128. 
 As ground for revoking physician's license 
 
 8 L.R.A. (N.S.) 585; 30 L.R.A. (N.S.) 
 
 783; 43 L.R.A.(N.S.) 912; 51 L.R.A. 
 
 (N.S.) 958. 
 Publication of advertisements derogatory to 
 
 parties to litigation, as contempt of 
 
 court. 2 B. R. C. 497. 
 
 ADVICE. 
 
 Of counsel, see ADVICE OF COUNSEL. 
 
 Voluntariness of confession induced by ad- 
 vice. 18 L.R.A. (N.S.) 812; 50 L.R.A. 
 (N.S.) 1077. 
 
 Effect on personal liability of a trustee for 
 losses to trust estate from investments, 
 
 44 
 
 of fact that he acted on advice. 
 L.R.A.(N.S.) 978. 
 llrr/in irith thte fooofc on every law question. 
 
 ADVICE cont'd 
 
 Mental anguish from deprivation cf oppor- 
 tunity to receive or give, as element of 
 damages for failure to deliver telegram 
 announcing illness or death. 49 L.R.A. 
 (N.S.) 300. 
 
 ADVICE OF COUNSEL. 
 
 As defense to action for malicious prosecu- 
 tion, see MALICIOUS PROSECUTION, 8. 
 
 As affecting liability for exemplary dam- 
 ages in suing out attachment for col- 
 lection of debt only. 29 L.R.A. (N.S.) 
 281. 
 
 Personal liability of executor or adminis- 
 trator to distributees for interest where 
 settlement of estate is delayed by. 31 
 L.R.A.(N.S.) 359. 
 
 Liability of attorney to client for mistake 
 or omissions in. 52 L.R.A. 892. 
 
 Improper advice to client with no intention 
 to wrong him as ground for disbar- 
 ment or suspension. L.R.A.1916A, 
 1175. 
 
 Effect of, on settlement between guardian 
 and ward out of court. L.R.A.1916E, 
 871. 
 
 AEROPLANE FLIGHT. 
 
 Liability of one maintaining place of amuse- 
 ment for injury to patron by. L.R.A. 
 1915F, 690. 
 
 ESTHETICS. 
 
 See ESTHETICS. 
 
 AFFECTIONS. 
 
 Alienation of, see HUSBAND AND WIFE, 
 66, 67. 
 
 AFFIANCED WIFE. 
 
 As to "dependent" within restrictions as to 
 beneficiaries of mutual benefit associa- 
 tions. 2 L.R.A. (N.S.) 654; 36 L.R.A. 
 (N.S.) 208; 38 L.R.A. (N.S.) 357; 51 
 L.R.A.(N.S.) 726. 
 
 AFFIDAVIT. 
 
 1. Generally. 
 
 In attachment, see ATTACHMENTS, 
 15. 
 
 14, 
 
 By corporate officer, see CORPORATIONS, 42. 
 
 Admisaibility of, in evidence, see EVIDENCE, 
 134.
 
 INDEX TO L.R.A. NOTES. 
 
 25 
 
 AFFIDAVIT cont'd 
 
 Of merits, see JUDGMENT, 88. 
 
 Of jurors, see NEW TRIAL, 13. 
 
 For removal of causes from state court, see 
 
 REMOVAL OF CAUSES, 12. 
 For publication of process, see WEIT AND 
 
 PROCESS, 21. 
 See also OATH. 
 
 Impeachment of contradicting affidavit on 
 application for continuance. 16 L.R.A. 
 240. 
 
 Privilege as to -statements in. 22 L.R.A. 
 837; L.R.A.1916C, 986; 4 B. R. C. 969. 
 
 By officer of corporation as affidavit by 
 agent of corporation. 16 L.R.A. (N.S.) 
 703. 
 
 Publication of affidavits in pending actions 
 as contempt of court. 2 B. R. C. 500. 
 
 Ex parte affidavits in proceeding to punish 
 criminal contempt. L.R.A.1917B, 118. 
 
 Liability of notary or other officer certify- 
 ing to. 49 L.R.A.(N.S.) 45. 
 
 Propriety of arguments by counsel to jury 
 citing statements in affidavits for con- 
 tinuances. L.R.A.1918D, 57. 
 
 Necessity of affidavit showing that persons 
 sought to be made parties, or their 
 names, are unknown in action against 
 parties designated as unknown. L.R.A. 
 1918F, 629. 
 
 2. Sufficiency. 
 
 Validity and sufficiency of, for purposes of 
 extradition. 28 L.R.A. 803. 
 
 Failure of description of land in affidavit 
 of claim for mechanics' lien and build- 
 ings distinct from land. 62 L.R.A. 382. 
 
 Affidavit in contempt proceedings on in- 
 formation and belief. L.R.A.1917C, 
 854. 
 
 Affidavit showing that persons sought to 
 be made parties, or their names, are 
 unknown. L.R.A.1918F, 632. 
 
 8 3. Who may take. 
 
 Power of consul to take affidavits. 45 
 L.R.A. 499. 
 
 4. Amendment. 
 
 Right to amend affidavit for attachment. 
 31 L.R.A. 422. 
 
 5. Use of. 
 
 Use of, before grand jury. 28 L.R.A. 319. 
 
 Admissibility of affidavit of juror to show 
 misconduct outside the jury room and 
 not inhering in verdict. 31 L.R.A. 
 (N.S.) 930. 
 
 AFFINITY. 
 
 See also BROTHERS-IN-LAW; SISTERS-IN- 
 LAW. 
 
 Proof of instrument where subscribing wit- 
 ness is incompetent because of. 35 
 L.R.A. 337. 
 
 Whether "relatives" include those by af- 
 finity. 14 L.R.A. 342. 
 
 Implied agreement to pay for services ren- 
 dered by relative by marriage. 11 
 L.R.A. (N.S.) 873. 
 
 Incest between persons related by. 31 L.R.A. 
 (N.S.) 772. 
 
 Marriage between persons related by, as void 
 or voidable. L.R.A.1916C, 730. 
 
 Consult also L.R.A. Digests of Case*. 
 
 AFFIRMANCE. 
 
 Of infant's contracts, see INFANTS, 20. 
 
 AFFIRMATIVE ACTION. 
 
 Necessity of, in order to terminate rights 
 of member of mutual benefit society for 
 nonpayment of dues. 17 L.R.A. (N.S.) 
 246. 
 
 AFFRAY. 
 
 Passenger's duty to protect himself during 
 
 affray on train. 32 L.R.A. (N.S.) 1209. 
 Admissibility as res gestce of statements 
 
 or exclamations of nonparticipant in. 
 
 20 L.R.A.(N.S.) 133; 33 L.R.A. (N.S.) 
 
 109. 
 
 AFFREIGHTMENT. 
 
 Deviation as affecting carrier's right to 
 avail itself of provisions of special 
 contract of affreightment. 35 L.R.A. 
 (N.S.) 1046; L.R.A.1917A, 62. 
 
 AFTER-ACQUIRED PROPERTY. 
 
 Chattel mortgage on, see CHATTEL MORT- 
 GAGE, 9. 
 
 Passing of, by deed, see DEEDS, 22. 
 
 Estoppel to claim, see ESTOPPEL, 5. 
 
 Priority of judgment lien on, see JUDGMENT, 
 64. 
 
 Mortgage on, see MORTGAGE, 18. 
 
 Effect of quitclaim deed on, see QUITCLAIM 
 DEED, 4. 
 
 Priority of judgment liens on. 42 L.R.A. 
 209. 
 
 Right of one receiving advancement and 
 executing release of interest in estate 
 to share in after-acquired property. 65 
 L.R.A. 578. 
 
 Right of broker with whom property is list- 
 ed for sale to purchase subsequently ac- 
 quired interest. 20 L.R.A. (N.S.) 
 1162. 
 
 Validity of agreement to transfer, in con- 
 sideration of maintenance. 70 L.R.A. 
 485. 
 
 Validity of mortgage other than railroad 
 mortgage, covering after-acquired real- 
 ty. 21 L.R.A. (N.S.) 843. 
 
 AFTER-BORN CHILDREN. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 58. 
 
 Homicide in killing of. 63 L.R.A. 908; 49 
 L.R.A.(N.S.) 582.
 
 INDEX TO L.R.A. XOTI.S. 
 
 AFTER-BORN CHILDREN cont'd 
 
 Prenatal injury to, as ground of action. 
 45 L.R.A. (N.S.) 625. 
 
 May a child en venire sa more be consid- 
 ered as in being for purpose of rule as 
 against perpetuities. 4 13. R. C. 492. 
 
 Right of after-born child to recover for 
 death of brother. L.R.A.1916E, 331. 
 
 Statutory right to recover for death of par- 
 ent. L.R.A.1916E, 130. 
 
 2. Property rights of. 
 
 As grantee in deed, see DEEDS, 17. 
 Conclusiveness of judgment against, see 
 
 JUDGMENT, 49. 
 Disherison of, see WILLS, 68. 
 Right to take under provision of will, see 
 
 WILLS, 70. 
 
 Conflict of laws as to rights of under will. 
 
 2 L.R.A.(N.S.) 467. 
 Devises of life estates to unborn children of 
 
 living persons as contravening rule 
 
 against perpetuities. 6 L.R.A. (N.S.) 
 
 330. 
 Capacity of child en venire sa mere to take 
 
 under devise or bequest to "children," 
 
 etc. 1 B. R. C. 582. 
 Marketability of title subject to defeat by 
 
 birth of person not in being. 38 L.R.A. 
 
 (N.S.) 35. 
 
 3. devestiture of. 
 
 Devestiture of estates of persons not in be- 
 ing. 8 L.R.A.(N.S.) 49; 42 L.R.A. 
 (N.S.) 439. 
 
 AGE. 
 
 1. Generally. 
 
 Of consent, see AGE OF CONSENT. 
 
 Effect of ignorance, mistake or belief as to, 
 on criminal responsibility, see CRIMI- 
 NAL LAW, 14. 
 
 Full age or majority, see MAJORITY, 1. 
 
 As affecting competency of witnesses. 19 
 L.R.A. 605. 
 
 As qualification of grand juror. 28 L.R.A. 
 199. 
 
 Age of alleged accomplice in sexual offense 
 as affecting necessity of corroboration 
 of testimony. L.R.A.1915E, 1222. 
 
 Of juror as ground for new trial. 18 L.R.A. 
 475; 50 L.R.A. (N.S.) 973. 
 
 Entries in family Bible as evidence of. 41 
 L.R.A. 451. 
 
 Census returns as evidence of. 9 L.R.A. 
 (N.S.) 718. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 685. 
 
 Opinion evidence as to age of writing. 
 L.R.A.1918B, 437; L.R.A.1918D, 642. 
 
 Of accused as affecting voluntariness of con- 
 fession. 18 L.R.A.(N.S.) 786; 50 
 L.R.A.(N.S.) 1082. 
 
 Age limit for application of doctrine of "at- 
 tractive nuisance." 19 L.R.A. (NS) 
 1165. 
 
 Admissibility of previous statements as to, 
 by witness out of court, consistent with 
 his testimony. 41 L.R.A. (N.S.) 949. 
 
 , AGE cont'd 
 Admissibility of evidence as to, to show 
 
 pecuniary loss in death action. L.R A. 
 
 1918C, 1111; L.R.A.1<)18K, 279. 
 Provision in bequest or devise contemplating 
 
 the attainment of a specified age as 
 
 rendering the gift contingent. L.R.A. 
 
 1915C, 1012. 
 
 2. Misrepresentations as to. 
 
 Estoppel of infant by, see ESTOPPEL, 29. 
 
 Master's liability for injury to minor serv- 
 ant who secured employment by mis- 
 representing his age. 20 L.R.A. (N.S.) 
 500; 25 L.R.A. (N.S.) 708; 42 L.R.A. 
 (N.S.) 624; L.R.A.1915F, 1082. 
 
 False pretenses by infant inducing another 
 to enter into contract with him by rep- 
 resenting that he is of age. 24 L.R.A. 
 (N.S.) 1101. 
 
 Effect of qualifying statements as to, in 
 application for insurance by words "to 
 best of my knowledge and belief," or 
 words of like import. 43 L.R.A. (N.S.) 
 431. 
 
 AGENCY. 
 
 See PRINCIPAL AND AGENT. 
 
 AGE OF CONSENT. 
 
 Marriage of persons under, see MARRIAGE, 
 
 9. 
 Rape of female under, see RAPE, 3. 
 
 Does statute fixing age of consent render a 
 girl below that age incapable of sexual 
 crime. 27 L.R.A.(N.S.) 872. 
 
 Evidence of specific instances to prove char- 
 acter for chastity of victim of crime. 
 14 L.R.A.(N.S.) 723. 
 
 AGGRAVATION. 
 
 Of damages, see DAMAGES, 12. 
 
 AGISTER. 
 
 Lien of, see LIENS, 14, 17. 
 
 Presumption and burden of proof as to 
 negligence in case of loss or injury. 
 43 L.R.A.(N.S.) 3186. 
 
 Liability of ajjister under special terms of 
 contract for care or return of subject 
 of agistment. L.R.A.-1915B, 302. 
 
 Duty of agister to supply water. L.R.A. 
 1915E, 590. 
 
 Begin ivith this ItooTc on every law question. 
 
 AGREEMENT. 
 
 Of jurors, see JURY, 15. 
 also CONTRACTS.
 
 INDEX TO L.R.A. MOTES. 
 
 27 
 
 AGREEMENT cont'd 
 
 Collateral attack for fiuud not affecting 
 jurisdiction on judgments by agree- 
 ment. 36 L.R.A.(N.S.) 981. 
 
 AGRICULTURAL GRANT. 
 
 Location of claim on. 7 L.R.A.(N.S.) 798. 
 
 AGRICULTURAL LANDS. 
 
 Organization of, into municipal corporation. 
 L.R.A.1918B, 1086. 
 
 AGRICULTURE. 
 
 Who is a farm or agricultural laborer with- 
 in statute giving lien. 19 L.R.A. (N.S.) 
 1039; L.R.A.1917D, 382. 
 
 Who are farm laborers within meaning of 
 Workmen's Compensation Acts. L.R.A. 
 1918F, 202. 
 
 Agricultural operations on Sunday. 14 
 L.R.A. 393. 
 
 Power" to prescribe teaching of, in public 
 schools. 47 L.R.A. (N.S.) 202. 
 
 Allowance of expense of farming carried on 
 by personal representative as costs of 
 administration. 40 L.R.A. (N.S.) 230. 
 
 Liability of personal representative for 
 losses svistained or debts contracted in 
 carrying on farming. 40 L.R.A. (N.S.) 
 217, 219. 
 
 Farmer as peddler or hawker. L.R.A. 
 1916B, 1297. 
 
 Combination of farmers as a monopoly. 44 
 L.R.A. (N.S.) 1104. 
 
 Engaging in other business as affecting ex- 
 emption of farmer from involuntary 
 bankruptcy proceedings. 20 L.R.A. 
 (N.S.) 148. 
 
 Effect upon state insolvency laws of provi- 
 sions of Federal Bankruptcy Act ex- 
 cepting farmers from involuntary bank- 
 ruptcy. L.R.A.1917A, 109. 
 
 Liability of state board of agriculture con- 
 ducting fair or exposition for injury to 
 patron. L.R.A.1915E, 469. 
 
 Applicability to state board of agriculture 
 of Workmen's Compensation Acts. 
 L.R.A.1918F, 190. 
 
 AID. 
 
 To railroad, see RAILROADS, 26. 
 
 AIDING AND ABETTING. 
 
 In assault and battery, see ASSAULT AND 
 
 BATTERY, 9. 
 Criminality of, see CRIMINAL LAW, 25. 
 
 Validity of contract made for purpose of 
 aiding public enemy. 12 L.R.A. (N.S.) 
 60S. 
 
 AIR. 
 
 Easement of, see EASEMENTS, 13, 19-21. 
 Consult also L.R.A. Digests of Cases. 
 
 AIR cont'd 
 
 What constitutes a "taking" of. 18 L.R.A. 
 166. 
 
 Driving foul air against neighbor's win- 
 dows as nuisance. 9 L.R.A. (N.S.) 695. 
 
 AISLES. 
 
 Duty of proprietor of theater as to safety 
 of aisles. 42 L.R.A.(N.S.) 1075; L.R.A. 
 1915F, 698. 
 
 ALABAMA CLAIMS. 
 
 Geneva award; right of assignees; war 
 premiums; claims against indemnity 
 fund; compensation for collection; 
 rights of representatives of deceased 
 claimant; jurisdiction and procedure; 
 litigation as to title to fund. 3 L.R.A. 
 460. 
 
 ALCOHOL. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 As intoxicating liquor. 20 L.R.A. 645. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A. (N.S.) 302. 
 
 Power to prohibit manufacture of, for uses 
 other than a beverage. 49 L.R.A. (N.S.) 
 182. 
 
 Liability for injury to employee by explo- 
 sion of. L.R.A.1918B, 864. 
 
 Liability for injury to children from ex- 
 plosion of alcohol left accessible to 
 them. L.R.A.1917A, 1295. 
 
 ALCOHOLISM. 
 
 See also DRUNKENNESS. 
 
 Presumption of continuance of. 35 L.R.A. 
 122. 
 
 Application of statutes regulating practice 
 of medicine to persons treating. 3 
 L.R.A. (N.S.) 763; 24 L.R.A. (N.S.) 
 103; 25 L.R.A.(N.S.) 1297; 33 L.R.A. 
 (N.S.) 179; L.R.A.1917C, 822. 
 
 Effect of, on recovery from one negligently 
 causing injury to person suffering 
 from. 48 L.R.A. (N.S.) 121. 
 
 ALDERMAN. 
 
 Imputing to municipality alderman's knowl- 
 edge of defect or obstruction in street. 
 L.R.A.1918B, 650. 
 
 ALE. 
 
 As intoxicating liquor. 20 L.R.A. 647. 
 Judicial notice of intoxicating character 
 of. 48 L.R.A.(N.S.) 306.
 
 28 
 
 INDEX TO L.R.A. iNOTES. 
 
 ALIAS. 
 
 See NAME, 7. 
 
 ALIAS EXECUTION. 
 
 Effect on, of creditor's consent to delay or 
 postponement of sale. 27 L.R.A. 380. 
 
 ALIBI. 
 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 114. 
 Admissibility of evidence of, see EVIDENCE, 
 
 285a. 
 Sufficiency of evidence as to, see EVIDENCE, 
 
 317. 
 Proof as to, beyond reasonable doubt, see 
 
 EVIDENCE, 325. 
 
 ALIENATION. 
 
 Effect of rule in Shelley's Case on, see 
 
 DEEDS, 30; WILLS, 82. 
 Restraint on generally, sec PERPETUITIES. 
 Restraint on, as repugnant to fee, see 
 
 WILLS, 78. 
 Restraint on, in will, see WILLS, 78, 87. 
 
 ALIENATION OP AFFECTIONS. 
 
 In general, see HUSBAND AND WIFE, 66, 
 67. 
 
 Liability of husband for wife's conduct in 
 alienating affection of another's hus- 
 band. L.R.A.1918A, 517. 
 
 ALIEN ENEMY. 
 
 See WAR. 
 
 ALIENS. 
 
 1. Generally. 
 
 Alien enemies, see WAB. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 40. 
 
 Alien wife, see HUSBAND AND WIFE, 2. 
 
 Discrimination against as to licenses, see 
 LICENSE, 46a. 
 
 Effect of provisions of congressional "white 
 
 alave traffic act" as to harboring alien 
 
 women. L.R.A.1915A, 869. 
 Treaty guaranties to. 16 L.R.A. 277. 
 Right to equal protection of laws. 14 L.R.A. 
 
 583. 
 
 As grand jurors. 28 L.R.A. 195. 
 Alienage of juror as ground for new trial. 
 
 18 L.R.A. 476; 50 L.R.A.(N.S.) 973. 
 
 Begin with this book on every law question. 
 
 ALIENS cont'd 
 
 Right of action for death of other person. 
 54 L.R.A. 934; 3 L.R.A. (N.S.) 473; 21 
 L.R.A. (N.S.) 267. 
 
 Right of action for death of employee under 
 Federal employers' liability act for 
 benefit of nonresident alien dependent. 
 L.R.A.1915C, 74. 
 
 Recovery under Workmen's Compensation 
 Acts by nonresident alien dependents. 
 L.R.A.1918F, 496. 
 
 Validity of Workmen's Compensation Act 
 as affected by provision for compensa- 
 tion to aliens. L.R.A.1917D, 62. 
 
 Prohibiting or restricting employment of 
 aliens. L.R.A.1916D, 569. 
 
 Power of state, under 14th Amendment to 
 deny to aliens the right to engage in a 
 lawful occupation. 11 L.R.A.(N.S.) 
 799. 
 
 Removal of separable controversy in which 
 alien is a party. 5 L.R.A. (N.S.) 56. 
 
 Validity of discrimination against aliens 
 by inheritance tax law as affected by 
 treaty with foreign government. 33 
 L.R.A. (N.S.) 632; L.R.A.1916A, 474. 
 
 Exemption of aliens from provisions 'of Se- 
 lective Service Act of May 18, 1917. 
 L.R.A.1918E, 1020. 
 
 2. Status. 
 
 Effect of marriage on wife's status as an 
 alien. 22 L.R.A. 148; L.R.A.1916D, 
 132. 
 
 3. Immigration; deportation. 
 
 Validity of statute creating prima facie rule 
 of evidence in deportation cases. 
 L.R.A.1915C, 736. 
 
 State laws imposing taxes or penalties up- 
 on immigration as interference with 
 commerce. 13 L.R.A. 686. 
 
 Right of Chinese person to bail in deporta- 
 tion proceedings. 31 L.R.A.^N.S.) 
 1088. 
 
 4. Inheritance; property rights. 
 
 Descent to, through, and from, see DESCENT 
 AND DISTRIBUTION, 4. 
 
 Right of, to take estate by curtesy under 
 enabling statutes. 7 L*.R.A.(N.S.) 659. 
 
 Termination of right to declare escheat by 
 death of alien, or transfer in his life- 
 time. 9 L.R.A. (N.S.) 186. 
 
 Right of, to locate mining claim. 7 L.R.A. 
 (N.S.) 813. 
 
 Right of, to contest will. L.R.A.1918A, 467. 
 
 5. Naturalization. 
 
 Effect of, on alien's right to inherit, 31 
 L.R.A. 181. 
 
 Right of alien wife of alien to. 29 L.R.A. 
 (N.S.) 829. 
 
 Right of clerk on salary basis to retain fee 
 for. 30 L.R.A. (N.S.) 810. 
 
 Powers of state legislatures and courts in 
 respect to. 30 L.R.A. 761. 
 
 Jurisdiction of state courts over naturali- 
 zation proceedings. 48 L.R.A. 36. 
 
 Test of intelligence to be applied in naturali- 
 zation proceedings. 22 L.R.A. (N.S.) 
 1041.
 
 INDEX TO L.R.A. NOTES. 
 
 29 
 
 ALIMONY. 
 
 See DIVOBCE AND SEPARATION, 34-49; 
 MARRIAGE, 20. 
 
 ALLEY. 
 
 Adverse possession of, see ADVERSE POSSES- 
 SION, 12. 
 
 Boundary on, see BOUNDARIES, 5. 
 
 Creation of easement by conveyance with 
 reference to, see EASEMENTS, 11. 
 
 Use of private alley by public as permissive 
 or prescriptive. L.R.A.1917E, 723. 
 
 Right to, as way of necessity, where other 
 possible modes of access exist. 17 
 L.R.A.(N.S.) 1022. 
 
 Injunction against interference with fences 
 or gates under claim of. 7 L.R.A. 
 (N.S.) -58, 72. 
 
 Municipal liability for defects or obstruc- 
 tions in. 20 L.R.A. (N.S.) 573. 
 
 Extent of right conferred by grant or reser- 
 vation in conveyance of lot of right to 
 use lane or alley. 3 B. 11. C. 533. 
 
 ALLOWANCE. 
 
 Of alimony, see DIVORCE AND SEPARATION, 
 
 34-49. 
 From decedent's estate, see EXECUTORS AND 
 
 ADMINISTRATORS, 54-55a. 
 
 ALLUVION. 
 
 See WATERS, 42. 
 
 ALMANAC. 
 
 As evidence. 40 L.R.A. 560. 
 
 ALMSHOUSE. 
 
 Residence of inmate of, for purpose of vot- 
 ing. 23 L.R.A. 215; 40 L.R.A. 169. 
 
 ALTAR WINES. 
 
 Applicability to, of liquor law. L.R.A. 
 1918F, 266. 
 
 ALTERATION OF INSTRUMENTS. 
 
 1. Generally. 
 
 Payment by bank of altered check, see 
 
 BANKS, 24, 25. 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 91, 91a. 
 As forgery, see FORGERY. 
 Of receipt, see RECEIPT, 2. 
 Revocation of will by alteration, see WILLS, 
 
 39, 40. 
 
 Of official ballot. 47 L.R.A. 839. 
 Consult also L.R.A. Digests of Cases. 
 
 ALTERATION OF INSTRUMENTS cont'd 
 
 Power of insured to destroy rights of bene- 
 ficiary by altering certificate. 49 L.R.A. 
 753. 
 
 Insurance broker as agent for insured in al- 
 teration of policy. 38 L.R.A. (N.S.) 
 630. 
 
 Presumption as to alteration of typewritten 
 instrument made in duplicate. 18 
 L.R.A. (N.S.) 680. 
 
 Duty of indorser, maker, or surety, to see 
 that spaces on commercial paper are 
 filled so as to prevent raising. 21 
 L.R.A.(N.S.) 402. 
 
 Alteration of note by erasing, crossing out 
 or otherwise canceling or obliterating 
 material provision thereof without sub- 
 stituting new matter. 32 L.R.A. (N.S.) 
 520. 
 
 Inserting or completing date of commercial 
 paper. L.R.A.1916F, 1266. 
 
 2. Duty of explaining. 
 
 Burden of explaining erasures or altera- 
 tions appearing on face of will. 17 
 L.R.A.(N.S.) 184. 
 
 3. Materiality. 
 
 Forgery by altering mere memorandum. 54 
 L.R.A. 794. 
 
 Addition of name of attesting witness to in- 
 strument as an alteration. 24 L.R.A. 
 (N.S.) 1155; L.R.A.1917D, 828. 
 
 Erasing or otherwise canceling or obliterat- 
 ing a material provision without the 
 substitution of new matter. 32 L.R.A. 
 (N.S.) 519. 
 
 Change to correct a mistake in designation 
 of party. 31 L.R.A. (N.S.) 127. 
 
 Changing name of grantee in deed. L.R.A. 
 1917E, 815. 
 
 Alteration of deed after delivery. 32 L.R.A. 
 (N.S.) 284; L.R.A.1918B, 489. 
 
 4. commercial paper. 
 
 Effect of alteration, see infra, 7. 
 
 Alteration of date. 32 L.R.A.(N.S.) 515; 
 51 L.R.A. (N.S.) 346; L.R.A.1916F, 
 1266. 
 
 To correct mistake in designation of party. 
 31 L.R.A.(N.S.) 127. 
 
 Changing name of payee of note, or adding 
 or erasing words "bearer" or "or- 
 der" as material alteration. 
 L.R.A.1915A, 166. 
 
 Adding of another party to negotiable in- 
 strument after its execution and de- 
 livery as a material alteration. L.R.A. 
 1918F, 698. 
 
 By erasing or canceling material provision 
 without inserting new matter. 32 
 L.R.A.(N.S.) 520. 
 
 Making memorandum on negotiable instru- 
 ment as an alteration. L.R.A.1916D, 
 533. 
 
 Indorsement of payment on bill or note as 
 a material alteration. 46 L.R.A. (N.S. ) 
 3043; L.R.A.1916F, 215. 
 
 By" inserting place of payment. 31 L.R.A. 
 (N.S.) 643. 
 
 By insertion of interest clause in note. ? 
 L.R.A. (N.S.) 217.
 
 30 
 
 INDEX TO L.R.A. NOTES. 
 
 ALTERATION OF INSTRUMENTS cont'd 
 5. Ratification. 
 
 Necessity of consideration to sustain rati- 
 fication of unauthorized alteration. 39 
 L.R.A.(N.S.) 131. 
 
 6. Effect. 
 
 Alteration in books of account, as affecting 
 admissibility in evidence. 52 L.R.A. 
 574. 
 
 Alteration of records as ground for injunc- 
 tion against judgment. 30 L.R.A. 563. 
 
 Effect of alteration of replevin bond which 
 has served its purpose. 29 L.R.A. (N.S.) 
 752. 
 
 Effect of changing name of grantee in deed. 
 L.R.A.1917E, 815. 
 
 Alteration of instrument by agent of holder 
 as affecting right to recover there- 
 on. L.R.A.1916F, 293. 
 
 7. commercial paper. 
 
 Effect of alteration of note on good faith 
 
 of transferee, see 'BILLS AND NOTES, 
 
 41. 
 
 Effect on mortgage of alteration of note se- 
 cured thereby. 16 L.R.A. 468; 41 
 L.R.A.(N.S.) 230. 
 
 Liability of maker or drawer on raised ne- 
 gotiable paper. 22 L.R.A. 686. 
 As affecting question whether commercial 
 paper operates as payment of debt. 35 
 L.R.A.(N.S.) 76. 
 
 Erasure, marks, and defects as putting pur- 
 chaser of negotiable paper on inquiry. 
 29 L.R.A.(N.S.) 376; L.R.A.1918F, 
 1155. 
 
 Alteration by agent of holder as affecting 
 right to recover thereon. L.R.A. 1916F, 
 293. 
 
 Liability of maker, acceptor, or indorser of 
 commercial paper where blanks 
 therein are filled up contrary to 
 his instructions. 5 B. R. C. 702. 
 
 ALTERNATIVE ACTIONS. 
 
 For death or injury. 34 L.R.A. 789. 
 
 ALTERNATIVE ALLEGATIONS. 
 
 Use of disjunctive "or" in indictment charg- 
 ing kind or quality of liquor sold. 51 
 L.R.A. (N.S.) 133. 
 
 Joinder of parties in action on bond with 
 alternative allegations as to liability. 
 51 L.R.A.(N.S.) 640. 
 
 ALTERNATIVE JUDGMENT. 
 
 See REPLEVIN, 15. 
 
 ALTERNATIVE PROMISES. 
 
 Intervening impossibility of performance a* 
 as a defense in case of alternative 
 promises. L.R.A.1916F, 81. 
 
 Begin with this boolc on every law question. 
 
 AMBIGUITIES. 
 
 Parol evidence to explain, see EVIDENCE, 
 
 168. 
 In will, see WILLS, 61. 
 
 AMBULANCE. 
 
 Duty and liability as to. 38 L.R.A. fN.8:) 
 481. 
 
 AMENDATORY LAWS. 
 
 Title of, see STATUTES, 14. 
 
 AMENDMENT. 
 
 Of affidavit generally, see AFFIDAVITS, 4. 
 Of affidavit in attachment suit, see ATTACH- 
 
 MENT, 15. 
 Of records on appeal, see APPEAL AND EB- 
 
 BOB, 21. 
 
 Of record on certiorari, see CEBTIORABI, 6. 
 Of record to cure defect for which motion 
 
 in arrest has been made, see JUDG- 
 
 MENT, 16. 
 Of judicial records generally, see RECOBDS 
 
 AND RECORDING LAWS, 8. 
 Of Constitution, see CONSTITUTIONAL LAW, 
 
 4. 
 Of corporate charter, see COBPOBATIONS, 
 
 19. 
 Of indictment, see INDICTMENT, INFOBMA- 
 
 TION, AND COMPLAINT, 30. 
 Of mining location, see MINES, 20. 
 Of municipal charter, see MUNICIPAL COR- 
 
 PORATIONS, 7. 
 
 Of pleadings, see PLEADING, 10, 11. 
 Of statutes generally, see STATUTES, IV. 
 Of verdict, see TRIAL, 83-86. 
 Of writ, see WRIT AND PROCESS, 7. 
 Trial of extradited person on amended 
 
 charge, see EXTRADITION, 4. 
 
 Power to amend commitment or sentence by 
 increasing punishment. 40 L.R.A. 
 (N.S.) 90. 
 
 Of claim as discharge of sureties on bonds 
 given to dissolve attachments or on 
 bail bonds in civil actions. 42 L.R.A. 
 (N.S.) 484. 
 
 Of petition for initiative or referendum. 
 50 L.R.A.(N.S.) 219; L.R.A.1917B, 34. 
 
 AMERCEMENT. 
 
 Effect against surety on official bond of 
 judgment of amercement against offi- 
 cer. 52 L.R.A. 165. 
 
 Variance between execution and judgment 
 as affecting amercement of officer for 
 failure to return execution. 42 L.R.A. 
 (N.S.) 895.
 
 INDEX TO L.R.A. NOTES. 
 
 31 
 
 AMICUS 
 
 Right of court to surcharge account of ex- 
 ecutor, administrator, guardian or re- 
 ceiver on objection by. 18 L.R.A. 
 (N.S.) 284. 
 
 Right of stranger to an action to appear 
 as amicus curise to protect interests of 
 infants. 44 L.R.A. (N.S.) 1182. 
 
 AMNESTY. 
 
 Legislative power to grant. 34 L.R.A. 
 251. 
 
 AMORTIZATION. 
 
 Limitation of amount of carrier's liability, 
 
 see CARRIERS, 131. 
 Of recovery, see DAMAGES. 
 
 Of intangibles, in estimating return of pub- 
 lic service corporation for rate-making 
 purposes. 52 L.R.A. (N.S.) 49. 
 
 AMOUNT. 
 
 Of bond in Federal Supreme Court. 66 
 
 L.R.A. 860. 
 Of bail in capital case. 39 L.R.A. (N.S.) 
 
 782. 
 Who may exercise option under a contract 
 
 calling for a maximum or minimum 
 
 amount of commodity. L.R.A.1918D, 
 
 583. 
 
 AMOUNT IN CONTROVERSY. 
 
 In general, see COURTS, 27-29. 
 Effect of, on right to remove suit to Federal 
 court, see REMOVAL OF CAUSES, 5. 
 
 Effect of, on admissibility of account books 
 as evidence. 52 L.R.A. 569. 
 
 AMUSEMENT PARKS. 
 
 Liability of person maintaining, for safety 
 of patrons. 1 L.R.A. (N.S.) 427; 3 
 L.R.A. (N.S.) 1134; 32 L.R.A. (N.S.) 
 735; 42 L.R.A. (N.S.) 1071; L.R.A. 
 1915F, 690. 
 
 Liability of lessor for personal injuries to 
 a customer or patron. L.R.A.1916F, 
 1128. 
 
 AMUSEMENTS. 
 
 1. Generally. 
 
 Bathing, see BATHING. 
 Bathhouse, see BATHHOUSE. 
 Bathing resort, see BATHING RESORT. 
 Consult also L.R.A. Digests of Cases. 
 
 AMUSEMENTS cont'd 
 Boat livery, see BOAT LIVERY. 
 Moving pictures, see MOVING PICTURES. 
 Parades, see PARADES. 
 
 Civil rights in places of, see CIVIL RIGHTS, 
 2. 
 
 Giving of reduced transportation to fairs, 
 exhibitions, etc., by public service cor- 
 poration as an unlawful discrimination. 
 L.R.A.1918D, 916. 
 
 Games or amusements which are proper sub- 
 jects for exercise of police power. 
 L.R.A.1917E, 318. 
 
 Using street for fair purposes. 14 L.R.A. 
 558. 
 
 Necessity of franchise for. 37 L.R.A. 718. 
 
 Injunction against, by municipality. 41 
 L.R.A. 322. 
 
 Delegation of power to license. 20 L.R.A. 
 721. 
 
 Use of public money for entertainments. 
 14 L.R.A. 475. 
 
 Right of taxpayer to enjoin unlawful ex- 
 penditures by municipality for amuse- 
 ments. 36 L.R.A. (N.S.) 2. 
 
 Power of municipality to construct exhibi- 
 tion or. amusement hall.' 26 L.R.A. 
 (N.S.) 425. 
 
 Use of public-school building for entertain- 
 ment. 31 L.R.A. (N.S.) 589; 50 L.R.A. 
 (N.S.) 1182. 
 
 Use of railroad right of way for recreation 
 purposes as against owner of fee. 30 
 L.R:A.(N.S.) 518. 
 
 Right of municipal corporation to require 
 theater to pay for services of firemen 
 or policemen, performed at the theater 
 or place of exhibition. 11 L.R.A. 
 (N.S.) 700. 
 
 Power of state or municipality to determine 
 location of places of amusement. 
 L.R.A.1916D, 99. 
 
 Gathering for, as a meeting within purview 
 of offense of disturbing a meeting. 30 
 L.R.A. (N.S.) 832; 45 L.R.A. (N.S.) 109. 
 
 Validity of contract relating to unlicensed 
 theater. 12 L.R.A. (N.S.) 617. 
 
 Measure of carrier's liability for prevent- 
 ing exhibition or show by breach of 
 contract of carriage. 4 L.R.A. (N.S.) 
 569; 49 L.R,A.(N.S.) 491. 
 
 Managers of expositions as exempt from 
 suit as agency of state. 35 L.R.A. 
 (N.S.) 243. 
 
 2. As nuisances. 
 
 Dancing as. 18 L.R.A. (N.S.) 699. 
 
 Display of fireworks in city streets as. 16 
 L.R.A.(N.S.) 621. 
 
 Pool room as. 10 L.R.A.(N.S.) 902; 21 
 L.R.A. (N.S.) 836. 
 
 Theater queue as nuisance for which pro- 
 prietor of theater is responsible. 7 B. 
 R. C. 124. 
 
 Municipal regulation of, as a nuisance. 39 
 L.R.A. 528. 
 
 Power of municipal corporation to declare 
 particular kinds of amusement as 
 nuisances per se. 31 L.R.A. (N.S.) 
 548.
 
 32 
 
 INDEX TO L.R.A. NOTES. 
 
 AMUSEMENTS cout'd 
 
 3. Admission to places of. 
 
 What are places of amusement within the 
 
 civil rigKs act. 10 L.R.A. (N.S.) 907. 
 Right to control or revoke admission to 
 
 theater or other place of amusement. 
 1184, 1188; 
 
 L.R.A. 
 
 1 L.R.A.(N.S.) 
 1916E, 253. 
 
 Humiliation as element of damages for ex- 
 elusion from place of. 14 L.R.A. (N.S.) 
 I-JI2; 38 L.R.A. (N.S.) 204; L.R.A. 
 1IH5B, 1119. 
 
 4. tickets. 
 
 Legislation forbidding speculation in thea- 
 ter tickets. 6 L.R.A.(N.S.) 183; L.R.A. 
 1918D, 388. 
 
 Nature and extent of rights of holder of 
 ticket of admission to place of amuse- 
 ment. 1 L.R.A.(N.S.) 1184; 43 L.R.A. 
 (N.S.) 961; L.R.A.1916E, 253. 
 
 AMUSEMENTS cont'd 
 
 7. municipal liability. 
 
 Liability of municipal corporation for in- 
 juries by exhibition conducted by ita 
 officers or employees. 34 L.R.A. (N.S.) 
 464. 
 
 Municipal liability for personal injury on 
 account of exhibition permitted in pub- 
 lic street. 9 L.R.A.(N.S.) 146; L.R.A. 
 1915F, 568. 
 
 Municipal liability for failure to prevent 
 public exhibitions. 42 L.R.A. (N.S.) 
 864. 
 
 Liability of municipality for failure to pre- 
 vent display of fireworks in street. 23 
 L.R.A.(N.S.) 643. 
 
 8. Loss of property at place of. 
 
 Liability of keeper of bath house for loss 
 of valuables of patron. 6 L.R.A.(N.S.) 
 
 828. 
 
 5. Liability for injuries at. 9. On Sunday. 
 
 Liability of one maintaining place of amuse- Prohibition of Sunday sports or games. 17 
 
 ment for the safety of patrons. 1 
 L.R.A.(N.S.) 427; 3 L.R.A. (N.S.) 
 1132; 19 L.R.A. (N.S.) 772; 32 L.R.A. 
 
 (N.S.) 713; 42 L.R.A. (N.S.) 
 L.R.A.1915F, 690. 
 
 1071; 
 
 Negligence in displaying firearms. 3 L.R.A. 
 
 (N.S.) 330. 
 Liability for injuries caused by discharge of 
 
 fireworks. 16 L.R.A. 395; 3 L.R.A. 
 
 (N.S.) 330, 759. 
 Liability of operator of scenic railroad or 
 
 similar device to passengers., 26 L.R.A. 
 (N.S.) 1054. 
 
 Liability for injuries caused by lack or in- 
 sufficiency of fire escapes at places of. 
 
 15 L.R.A. 160; 10 L.R.A. (N.S.) 177; 
 
 21 L.R.A.(N.S.) 178; 39 L.R.A.(N.S.) 
 
 744. 
 Liability of master to servant for personal 
 
 injury by wild animal or animal kept 
 
 for exhibition purposes. 23 L.R.A. 
 
 (N.S.) 1071. 
 Liability for assault or abuse by employees. 
 
 L.R.A.1916E, 914. 
 Liability of lessor of premises for injury 
 
 to patron. L.R.A.1916F, 1123. 
 Conducting state fair or exposition as exer- 
 cise of governmental or private 
 function respecting liability for in- 
 jury to patron. L.R.A.1915E, 469. 
 
 6. liability for acts of independent 
 contractor. 
 
 Liability of persons giving exhibitions for 
 acts of independent contractor. 66 
 L.R.A. 152. 
 
 Persons assisting in public entertainment 
 as independent contractors. 65 L.R.A. 
 470. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor at. 65 L.R.A. 644. 
 
 Liability of one maintaining place of amuse- 
 ment to which public are invited for 
 negligence of concessionaire. 14 L.R.A 
 (N.S.) 284; 32 L.R.A.(N.S.) 717; 
 L.R.A.1915F, 696. 
 
 L.R.A. 830. 
 
 What amusements are prohibited by Sun- 
 day laws. 30 L.R.A. (N.S.) 4<>r>. 
 
 Applicability of Sunday laws to moving 
 pictures. L.R.A.1918B, 361. 
 
 Keeping theater open on Sunday as viola- 
 tion of Sunday law. 17 L.R.A. (N.S.) 
 1157. 
 
 Playing baseball on Sunday as an offense. 
 21 L.R.A.(N.S.) 23; 32 L.R.A. (N.S.) 
 1186; 41 L.R.A.(N.S.) 407. 
 
 Validity of classification in Sunday law as 
 to keeping open place of. 32 L.R.A. 
 (N.S.) 1190. 
 
 Surf bathing as violation of Sunday laws 
 30 L.R.A.(N.S.) 470. 
 
 Free performance as a violation of the Sun- 
 day law. L.R.A.1916B, 1130. 
 
 ANALYSIS. 
 
 Particular analysis of milk prescribed by 
 police regulations. 1 L.R.A. (N.S.) 926. 
 
 ANARCHY. 
 
 Validity of statutory or other regulation 
 forbidding display of red flag or other 
 symbol tending to incite disorder. 
 L.R.A.1915B, 706. 
 
 Libel or slander in charging person with 
 being an anarchist. L.R.AJ917D, 861. 
 
 ANATOMICAL SUBJECTS. 
 
 Begin tcith this boofc on every laiv question. 
 
 Exhibitions of, 
 (N.S.) 23. 
 
 as nuisance. 45 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 33 
 
 ANCESTOR. 
 
 Descent and distribution of property of, see 
 DESCENT AND DISTRIBUTION; EXECU- 
 TORS AND ADMINISTRATORS, 47-49; 
 HEIBS. 
 
 Consent of, to sale of expectancy by pro- 
 . spective heir. 33 L.R.A. 281. 
 
 ANCESTRAL ESTATES. 
 
 Descent of. L.R.A.1916C, 902. 
 
 ANCHORAGE. 
 
 Obstruction of rights of navigation by. 59 
 L.R.A. 56. 
 
 ANCIENT CHANNEL. 
 
 Right as between upper and lower proprie- 
 tors to restore water to. 41 L.R.A. 750. 
 
 ANCIENT DEFECTS. 
 
 Liability of township for injury by ancient 
 defects in highway. 13 L.R.A.(N.S.) 
 1272. 
 
 ANCIENT DOCUMENTS. 
 
 Necessity of proving, by subscribing wit- 
 nesses. 35 L.R.A. 341. 
 
 Use of ancient book as evidence. 53 L.R.A. 
 532. 
 
 Recital in ancient deed as evidence of heir- 
 ship. 45 L.R.A.(N.S.) 94. 
 
 ANCIENT SIGNATURE. 
 
 Opinion evidence as to. 
 162. 
 
 36 L.R.A.(N.S.) 
 
 ANCIENT USE. 
 
 Of water as essential to support present 
 right. 41 L.R.A. 743. 
 
 ANCIENT WRITINGS. 
 
 Comparison of handwriting in. 62 L.R.A. 
 
 861. 
 Competency of witness to handwriting of. 
 
 63 L.R.A. 984. 
 
 ANCILLARY ADMINISTRATION. 
 
 See EXECUTORS AND ADMINISTRATORS, 60, 
 
 61. 
 Consult also L.It. A. Digests of Cases. 3 
 
 ANCILLARY GUARDIANS. 
 
 Necessity of bond to make acts of, valid. 
 33 L.R.A. 760. 
 
 ANCILLARY PROCEEDINGS. 
 
 When may local venue be disregarded upon 
 the ground that the action or proceed- 
 ings is ancillary or incidental. L.R.A. 
 1916D, 1134. 
 
 ANCILLARY SUITS. 
 
 Removal of, to Federal court, see REMOVAL 
 OF CAUSES, 4. 
 
 ANESTHETIC. 
 
 Accident as proximate cause of death under 
 anesthetic. 3 B. R. C. 65. 
 
 ANGER. 
 
 As defense to criminal prosecution, see 
 
 CRIMINAL LAW, 11. 
 Homicide in, see HOMICIDE, 32. 
 
 ANIMALS. 
 
 I. In general, 1. 
 II. Rights and liabilities concerning, 
 
 2-22. 
 
 a. In general, 2. 
 T>. Property rights in, 3-6. 
 
 c. Killing or injuring, 7-8. 
 
 d. Liability for damage by, $ 
 
 9-16. 
 
 e. Diseased animals, 17. 
 
 f. Regulations concerning; li- 
 
 cense and tax laws, is, 
 19. 
 
 g. Impounding; as nuisances, 
 
 2O-22. 
 III. Cruelty to, 23. 
 
 I. In general. 
 
 1. Generally. 
 
 As to agistment, see AGISTERS. 
 
 Transportation of, see CARRIERS, 124- 
 127. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 42. 
 
 Dead animals, see DEAD ANIMALS. 
 
 Frightening of, see FRIGHT, 1. 
 
 As to game, see GAME AND GAME LAWS. 
 
 As to horses, see HORSES. 
 
 Insurance on, see INSURANCE, 222. 
 
 As to stables, see STABLES. 
 
 Evidence of trailing of persons by blood- 
 hounds. 42 L.R.A. 432; 35 L.R.A. 
 (N.S.) 870; L.R.A.1917E, 730. 
 
 Employees in charge of, as tenants. 4 
 L.R.A.(N.S.) 709. 
 
 Injunction to prevent trespass of. 48 
 L.R.A. (N.S.) 179.
 
 34 
 
 INDEX TO L.R.A. NOTES. 
 
 ANIMALS, I. cont'd 
 
 Striking or frightening animal as assault 
 
 upon one in control. L.R.A.1915E, 812. 
 Right of witness to express opinion aa to. 
 
 L.R.A. 1918A, 668, 680, 71(5, 720. 
 Keeping of pigs as a nuisance. L.R.A. 
 
 1917C, 212. 
 Implied warranty of fitness on sale of food 
 
 for animals. L.R.A.1917F, 475. 
 
 II. Rights and liabilities concerning, 
 a. In general. 
 
 2. Generally. 
 
 Liability of agister, see AGISTEBS. 
 
 Necessity and sufficiency of description of 
 offense of illegal use of estrays in bail 
 bond or recognizance. 38 L.R.A. (N.S.) 
 323. 
 
 Liability for escape of another's stock from 
 pasture by failure to keep proper divi- 
 sion fence. 20 L.R.A. 479. 
 
 Creation of partnership by provision for 
 taking profits from use of, as compen- 
 sation. 18 L.R.A.(N.S.) 1046. 
 
 b. Property rights in. 
 
 3. Generally. 
 
 Property right in wild animals which are 
 being pursued or have been wounded. 
 50 L.R.A. (N.S.) 704. 
 
 Property rights in bees. 40 L.R.A. 687. 
 
 Property rights in dogs. 40 L.R.A. 503. 
 
 Brand as evidence of ownership of. 11 
 L.R.A.(N.S.) 87. 
 
 Rights as between life tenant and remain- 
 derman to increase of livestock. L.R.A. 
 1915C, 849. 
 
 4. L/arceny of. 
 
 Larceny of dog. 40 L.R.A. 514. 
 
 Larceny of estrays. 30 L.R.A. (N.S.) 341; 
 
 L.R.A.1916A, 468. 
 Killing animal and carrying away part of 
 
 the carcass as larceny of the animal. 
 
 L.R.A.1915E, 848. 
 
 5. Sale of. 
 
 \ alidity of sale of, in violation of law. 12 
 
 L.R.A. (NiS.) 597. 
 Sufficiency of selection or designation of 
 
 part sold out of a larger number. 26 
 
 L.R.A. (N.S.) 45. 
 Express warranty as to quality as excluding 
 
 implied warranty. 33 L.R.A. (N.S.) 
 
 504. 
 Implied warranty of fitness of animals sold 
 
 for slaughter. L.R.A.1917D, 823. 
 Does warranty extend to obvious defects in. 
 
 12 L.R.A. (N.S.) 82. 
 Duty of seller to disclose defect in animal. 
 
 'L.R.A.1917C, 619. 
 Liability of vendor of diseased livestock in 
 
 absence of express warranty. 29 L.R.A. 
 
 (N.S.) 202. 
 Remedy for breach of warranty of horse 
 
 where its death prevents its return and 
 
 the substitution of another as provided 
 
 by the contract. 25 L.R.A. (N.S.) 823. 
 
 Herjin with this boolf on every laiv question. 
 
 ANIMALS, II. b cont'd 
 
 False pretenses in misrepresenting the qual- 
 ity, condition or status of animals sold 
 or traded. 49 L.R.A.(N.S.) 576. 
 
 Effect of buyer's use of animals purchased 
 after seller's refusal to accept them 
 when tendered in rescission of contract. 
 L.R.A.1916F, 480. 
 
 Exclusiveness of remedy for breach of war- 
 ranty provided for in contract for sale 
 of animal. 50 L.R.A. (N.S.) 774. 
 
 6. Liens; chattel mortgage. 
 
 Mortgage covering increase of, see CHATTEL. 
 
 MORTGAGE, 12. 
 Lien on, see LIENS, 14, 17. 
 
 c. Killing or injuring. 
 
 7. Generally. 
 
 Killing of, or injury to, by dogs, see infra r 
 12. 
 
 Liability of bailee of horse, see BAILMENT 
 6. 
 
 Liability of carrier for, see CABHIEBS, 
 124-127. 
 
 Liability of railroad company for, see RAIL- 
 ROADS, 73-76, 85. 
 
 Contributory negligence of owner of animal 
 killed on railroad track, see RAILROADS, 
 85. 
 
 Injury by reason of leaving gates in rail- 
 road fence open. 49 L.R.A. 625. 
 
 Loss of stock as element of damages for re- 
 moval of fences. 53 L.R.A. 629. 
 
 Liability of one who neglects to ^repair di- 
 vision fence for death or injury of live 
 stock after straying through the fence. 
 52 L.R.A.(N.S.) 99. 
 
 Liability of one in possession of unfenced 
 land for injuries to live stock 
 which strays thereon from public 
 range. 52 L.R.A. (N.S.) 133. 
 
 Liability for injury to live stock upon one 
 side of fence by live stock on other. 
 L.R.A.1915D, 1074. 
 
 Evidence of other crimes in prosecution for 
 killing or injuring animals. 62 L.R.A. 
 239. 
 
 Liability for injury to animal from fright 
 caused by wrongful act. L.R.A.1917C, 
 991. 
 
 Liability for frightening animal to death. 
 23 L.R.A.(X.S.) 183. 
 
 Liability of persons leaving dangerous sub- 
 stances accessible to cattle, for injuries 
 to cattle eating them. 7 B. R. C. 233. 
 
 Liability of vendor of unwholesome food 
 for cattle. 21 L.R.A. 140; L.R.A. 
 1916B, 1108. 
 
 Liability of hirer for injury to horse while 
 being used for a purpose other than 
 that for which it was hired. 28 L.R.A. 
 (N.S.) 1106. 
 
 Liability of railroad company for attract- 
 ing animals running at large by allow- 
 ing freight or waste to remain exposed 
 on its premises. 28 L.R.A. (N.S.) 83. 
 
 Right to interest on damages from injury 
 to. 28 L.R.A. (N.S.) 68.
 
 INDEX TO L.R.A. NOTES. 
 
 35 
 
 ANIMALS, II. c cont'd 
 
 Validity of statute permitting the summary 
 killing of domestic animals other than 
 dogs, running at large. 21 L.R.A. 
 (N.S.) 699. 
 
 Power to require destruction of diseased 
 domestic animals without making com- 
 pensation therefor. 18 L.R.A. (N.S.) 
 ' 369. 
 
 8. Dogs. 
 
 Right to kill dogs. 15 L.R.A. 249; 40 
 L.R.A. 510; 19 L.R.A. (N.S.) 835; 
 28 L.R.A.(N.S.) 673; L.R.A.1915C, 
 359. 
 
 Liability for unintentionally killing or in- 
 juring unlicensed dogs. L.R.A.1917F, 
 435. 
 
 Duty of railroad or street railways with 
 respect to dogs on track. 37 L.R.A. 
 659; 40 L.R.A. 509; 6 L.R.A. (N.S.) 
 911. 
 
 Right to damages for killing of dog by pub- 
 lic officer. 19 L.R.A. 196. 
 
 d. Liability for damage by. 
 
 9. Generally. 
 
 Sufficiency of plaintiff's pleadings, see 
 PLEADING, 25. 
 
 Liability of owner for injuries by, to per- 
 sons coming upon owner's premises. 
 14 L.R.A. 196. 
 
 Liability for injuries inflicted by domestic 
 animals other than dogs. 2 L.R.A. 
 (N.S.) 1188. 
 
 Liability for injury to livestock upon one 
 side of fence by livestock on other. 
 L.R.A. 1915D, 1074. 
 
 Liability of one maintaining place of amuse- 
 ment for injury by animals. 42 L.R.A. 
 (N.S.) 1072. 
 
 Liability of keeper of animal known to be 
 dangerous as affected by absence 
 of negligence on his part. 6 L.R.A. 
 (N.S.) 1164; 2 B. R. C. 14. 
 
 Master's liability for injury due to negli- 
 gence of servant having custody of dan- 
 gerous animals. 10 L.R.A. (N.S.) 392. 
 
 Sufficiency of general allegations as to keep- 
 ing dangerous animals. 59 L.R.A. 272. 
 
 Evidence as to disposition of animal prior 
 to injury. 32 L.R.A. (N.S.) ]159. 
 
 Admissibility of evidence of subsequent vi- 
 cious conduct of animal inflicting in- 
 jury. 17 L.R.A. (N.S.) ]233. 
 
 Expert testimony as to vicious character of 
 animals. 24 L.R.A. (N.S.) 1189. 
 
 Pollution of water course by stock. 26 
 L.R.A.(N.S.) 222. 
 
 Character of liability of several persons 
 whose animals unite in committing the 
 injury. 40 L.R.A. (N.S.) 109. 
 
 Contributory negligence of child injured by 
 animal. L.R.A.1917F, 92. 
 
 10. Animals trespassing or running 
 at large. 
 
 Right to kill trespassing dog, see supra, 8. 
 
 Bcienter as condition of liability for dam- 
 ages by trespassing dogs. 25 L.R.A. 
 (N.S.) 691. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ANIMALS, II. d cont'd 
 
 Liability of owner for trespass of cattle. 
 
 22 L.R.A. 55. 
 
 Municipal liability for failure to prevent 
 animals running at large. 27 L.R.A. 
 728; 23 L.R.A. (N.S.) 642; 42 L.R.A. 
 (N.S.) 862. 
 
 Liability for trespass on unfenced land by 
 live stock being driven along the high- 
 way. 12 L.R.A. (N.S.) 912. 
 Civil liability of nonresident for damage 
 done by his stock while straying in dis- 
 trict where allowing animals to run at 
 large is forbidden. 22 L.R.A. (N.S.) 
 1098. 
 
 Liability of owner for injury to person or 
 property on highway by animal 
 permitted to run at large. L.R.A. 
 1918D, 200. 
 
 Animal at large in violation of statute. 
 16 L.R.A.(N.S.) 647. \ 
 
 Liability of landowner for damage by tres- 
 passing live stock which enter 
 upon his land and thence wander 
 to adjoining property. 43 L.R.A. 
 (N.S.) 447; L.R.A.1916E, 448. , 
 Liability of owner of animal allowed to 
 stray or run at large on highway or 
 other public place for injuries to per- 
 Lons or property of passers-by occa- 
 sioned otherwise than by direct attack. 
 5 B. R. C. 120. 
 
 Liability of a carrier for injury or damage 
 inflicted by an animal which escapes 
 from its custody or control. L.R.A. 
 1915D, 564. 
 
 11. Wild animals. 
 
 Liability for injury done by animals fene 
 
 natural. 11' L.R.A. (N.S.) 748; If. 
 
 L.R.A.(N.S.) 445; 52 L.R.A.(N.S.) 
 
 377. 
 Master's liability to servant for personal 
 
 injury by wild animal. 23 L.R.A. 
 
 (N.S.) 1071. 
 Liability of a carrier for injury or damage 
 
 inflicted by an animal which escapes 
 
 from its custody or control. L.TLA 
 
 1915D, 564. 
 
 12. Dogs. 
 
 Who is the keeper or harboror of a doer. '17 
 L.R.A.(N.S.) 431; L.R.A.1917E, 520. 
 
 Liability of carrier for injury to passenger 
 by dog. 4 L.R.A. (N. S.) *947. 
 
 Liability of owner for injuries caused by 
 dog running against person. 3.'] L.R.A. 
 (N.S.) 163. 
 
 Scienter as condition of liability for dam- 
 ages by a trespassing dog. 25 L.R.A. 
 (N.S.) 691. 
 
 What scienter is necessary to charge owner 
 with liability for injury inflicted 
 by dog to person or property .of 
 another. 24 L.R.A. (N.S.) 468; 61 
 L.R.A. (N.S.) 45. 
 
 Measure of damages for personal injury by 
 dog. 37 L.R.A. (N.S.) 865. 
 
 What are animals within statute in rela- 
 tion to killing of animals by dogs. 44 
 L.R.A. (N.S.) 607.
 
 INDEX TO L.R.A. NOTES. 
 
 ANIMALS, II. d cont'd 
 
 statutes making owner or keeper liable for 
 
 injuries by dog while out of inclosure. 
 / L.R.A.1916E, 712. 
 I lability for injury inflicted by dog upon 
 
 niie who enters premises bv mistake. 
 
 L.R.A.1916C, 347. 
 Contributory negligence of child injured by 
 
 dog. L.R.A.1917F, 92. 
 
 13. Bees. 
 
 Liability of owner of bees for injuries done 
 ' by them. 62 L.R.A. 132. 
 
 1 1. Injury to hirer. 
 
 Injury to hirer of horse, see BAILMENT, 12. 
 
 15. Injury to servant. 
 
 Duty and liability of master to servants in 
 respect to animals owned or used 
 by master. L.R.A.1915B, 433. 
 Duty to warn servant against vicious horse. 
 
 *3 L.R.A. (N.S.) 209. 
 
 Liability of master to servant for personal 
 injury by wild animal or animal kept 
 for exhibition purposes. 23 L.R.A. 
 (N.S.) 1071. 
 
 16. Municipal liability. 
 
 Liability of municipal corporation for fail- 
 ing to prevent animals running at large 
 in street. 27 L.R.A. 728; 23 L.R.A. 
 (N.S.) 642; 42 KR.A.(N.S.) 862. 
 
 Liability of municipality for failure to en- 
 force ordinance in relation to animals. 
 L.R.A.1915A, 448. 
 
 e. Diseased animals. 
 
 17. Generally. 
 
 Carrier's liability for communication of dis- 
 ease to animals, see CAKBIEBS, 127. 
 
 Validity and construction of statutory regu- 
 lations as to infected animals. 26 
 L.R.A. 638; 43 L.R.A.(N.S.) 1066. 
 
 Delegation by legislature of power as to 
 quarantining cattle. 32 L.R.A. (N.S.) 
 651. 
 
 State legislation for protection of health of 
 live stock as interference with inter- 
 state commerce. 26 L.R.A. (N.S.) 279. 
 
 Power to require destruction of diseased 
 domestic animals without making com- 
 pensation. 18 L.R.A. (N.S.) 369. 
 
 8cienter as a condition of liability for 
 spreading contagious disease among 
 animals. 6 L.R.A. (N.S.) 922. 
 
 Duty of seller to disclose latent disease in 
 animal. L.R.A.1917C, 619. 
 
 Liability of vendor of diseased live stock in 
 absence of special warranty. 29 L.R.A. 
 (N.S.) 202. 
 
 Damages recoverable for selling diseased 
 animals. 34 L.R.A. (N.S.) 697. 
 
 Liability of live stock inspectors. L.R.A. 
 1915B, 1013. 
 
 f. Regulations concerning; license and 
 tax laws. 
 
 18. Regulations generally. 
 Municipal regulations of, as nuisances, see 
 infra, 22. 
 
 ANIMALS, II. f cont'd 
 
 Constitutionality of statute allowing cattle 
 
 to graze in highway. 33 L.R.A. (N.S.) 
 
 1055. 
 Power of municipality to prohibit keeping 
 
 of live stock. 39 L.R.A. (N.S.) 266. 
 Validity and construction of statutory regu- 
 lations of infected animals. 26 L.R.A. 
 
 638; 43 L.R.A. (N.S.) 1066. 
 Constitutionality of statutes authorizing 
 
 seizure of animals by humane officers. 
 
 15 L.R.A.(N.S.) 554. 
 Loss of collar as defense to prosecution for 
 
 keeping dog without collar. 42 L.R.A. 
 
 (N.S.) 437. 
 
 19. License and tax laws. 
 
 License and tax laws as to dogs. 40 L.R.A. 
 520. 
 
 Character of dog tax. 39 L.R.A. (N.S.) 155. 
 
 Constitutionality of tax on dogs for benefit 
 of sheep owners. 17 L.R.A. (N.S.) 855. 
 
 Right to kill unlicensed dogs. 15 L.R.A. 
 249. 
 
 Liability for unintentionally killing or in- 
 juring unlicensed dogs. L.R.A.1917F, 
 435. 
 
 Validity of contract of unlicensed stock 
 breeders. 12 L.R.A.(N.S.) 617. 
 
 Requiring nonresident bringing live stock 
 into state for grazing purposes to pay 
 license tax. 40 L.R.A.(N.S.) 291. 
 
 g. Impounding; as nuisances. 
 
 20. Impounding. 
 
 Liability of municipality for impounding 
 animals. 27 L.R.A. (N.S.) 138. 
 
 21. Animals as nuisances. 
 
 Bees as. 62 L.R.A. 133. 
 Keeping of barking-dog as. 7 L.R.A. (N.S.) 
 349. 
 
 % 22. municipal regulation of. 
 
 Municipal regulation as to nuisance of. 38 
 L.R.A. 332. 
 
 Running at large as a nuisance in street 
 subject to municipal control. 39 L.R.A. 
 674. 
 
 Municipal power over stockyards as nui- 
 sances. 38 L.R.A. 655. 
 
 Power of municipal corporation to prevent 
 stock yards within corporate limits, 
 28 L.R.A.(N.S.) 122. 
 
 Right of municipality to prohibit the keep- 
 ing, standing, or exhibiting of stallions 
 and jacks. 11 L.R.A. (N.S.) 736. 
 
 ///. Cruelty to. 
 
 23. Generally. 
 
 Malice or wilfulness as ingredient of the 
 offense of abusing animals. 41 
 L.R.A. (N.S.) 433. 
 
 Constitutionality of statute or ordinance for 
 prevention of cruelty to. L.R.A. 1916A, 
 951. 
 
 ANNEXATION. 
 
 Of territory to municipality, see MUNICIPAL 
 
 Jtcgin with this book on every law question. 
 
 CORPORATIONS, 11, 12.
 
 INDEX TO L.R.A. NOTES. 
 
 37 
 
 ANNEXATION cont'd 
 
 Of territory to town, see TOWNS, 3. 
 
 Effect of, on right of alien to inherit. 31 
 L.R.A. 181. 
 
 ANNOTATOR. 
 
 Common-law right of annotator or commen- 
 tator. 51 L.R.A. 358. 
 
 ANNUAL SUPPLIES. 
 
 Contracts for, as indebtedness of municipal- 
 ity. 59 L.R.A. 610. 
 
 ANNUITY. 
 
 1. Generally. 
 
 Basis and method of computing value of, 
 for purposes of succession tax. 46 
 L.R.A.(N.S.) 714. 
 
 Form of instrument necessary to create, 
 47 L.R.A. 614. 
 
 Set-off in bankruptcy. 55 L.R.A. 68. 
 
 Form of judgment on annuity and instal- 
 ment bonds. 62 L.R.A. 428, 439, 453. 
 
 Specific performance of contract as to. 6 
 L.R.A. (N.S.) 691. 
 
 Enforcement of annuity charges upon a de- 
 vise. 30 L.R.A. (N.S.) 825. 
 
 Right of legatee for whose benefit the pur- 
 chase of annuity is directed to receive 
 the principal in lieu thereof. 33 L.R.A. 
 (N.S.) 979. 
 
 Effect of death of beneficiary of testamen- 
 tary gift of annuity, before its pur- 
 chase. 2 B. R. C. 909. 
 
 Testamentary annuity as payable out of 
 corpus or income. L.R.A.1917E, 580. 
 
 2. Apportionment. 
 
 Apportionment of annuities in absence of 
 statute. 63 L.R.A. 616; 29 L.R.A. 
 (N.S.) 775. 
 
 ANNULMENT. 
 
 Relief of purchaser on annulling judicial 
 
 sale, see JUDICIAL SALE, 13. 
 Of marriage, see MARRIAGE, 16-20. 
 
 ANTECEDENT INDEBTEDNESS. 
 
 As consideration for contract, see CON- 
 TRACTS, 10. 
 
 May a corporation issue stocks or bonds in 
 payment of or as security for, under 
 statute prohibiting the issue except for 
 money, labor done, or property actually 
 received. L.R.A.1916E, 570. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ANTECEDENT INDEBTEDNESS confd 
 
 Protection under recording act of mortgage 
 given. as security for. 33 L.R.A. (N.S.) 
 57. 
 
 Love and affection as consideration for exec- 
 utory promise to pay existing debt of 
 another. L.R.A.1918C, 543. 
 
 ANTENUPTIAL CONCEPTION. 
 
 See ANTENUPTIAL PREGNANCY. 
 
 ANTENUPTIAL CONTRACT. 
 
 See HUSBAND AND WIFE, 55-61. 
 
 ANTENUPTIAL DEBTS. 
 
 Liability of community property for. 19 
 L.R.A. 235. 
 
 ANTENUPTIAL FRAUD. 
 
 On marital rights, see HUSBAND AND WIFE, 
 43, 43a. : m 
 
 ANTENUPTIAL INDEBTEDNESS. 
 
 Husband's liability for, see HUSBAND AND 
 WIFE, 10. 
 
 ANTENUPTIAL PREGNANCY. 
 
 As ground for divorce or annulment of mar- 
 riage. 18 L.R.A. 375; 13 L.R.A. (N.S.) 
 996; L.R.A.1916E, 650. 
 
 Proof necessary to establish bastardy of 
 child born to married woman in cases 
 of antenuptial conception. 36 L.R.A. 
 (N.S.) 261. 
 
 ANTICIPATION. 
 
 In respect to patent, see PATENT, 9. 
 
 As an element of proximate cause. 11 
 L.R.A. (N.S.) 684. 
 
 Validity of anticipatory contract making 
 provisions for wife in event of her ob- 
 taining divorce for subsequent fault of 
 husband. 23 L,R.A.(N.S.) 880; L.R.A 
 1918A, 384. 
 
 Anticipatory breach of. contract as basis of 
 suit for specific performance. 36 L.R.A. 
 (N.S.) 408. 
 
 Damages for anticipatory breach of con- 
 tract as provable claim in bankruptcy 
 L.R.A.1917B, 585; L.R.A.1918A, 545.
 
 38 
 
 INDEX TO L.R.A. NOTES. 
 
 ANTICIPATORY BREACH. 
 
 See ANTICIPATION. 
 
 ANTI-SCAL.PING ACT. 
 
 See CARRIERS, 21, 148. 
 
 ANTI-TRUST ACTS. 
 
 See CONSPIRACY; MONOPOLY AND COMBINA- 
 TIONS. 
 
 APARTMENTS. 
 
 Implied covenant of fitness for purpose in- 
 tended. 33 L.R.A. 455. 
 
 Continuance of rent for, after destruction 
 of leased building. 22 L.R.A. 613. 
 
 Duty and liability of landlord of apart- 
 'inents as to heating. 37 L.R.A. (N.S.) 
 1213. 
 
 Apartment house as violation of restric- 
 tive covenants. 45 L.R.A. (N.S.) 726; 
 L.R.A.1918C, 875. 
 
 Lien .u< one otner than innkeeper or board- 
 ing-house keeper- who rents rooms or 
 apartments. L.R.A.1915F, 665. 
 
 APERTURES. 
 
 Right to open, in party wall. 
 (N.S.) 1191. 
 
 10 L.R.A. 
 
 APEX. 
 
 Of vein in mine, see MINES, 8. 
 
 APOLOGETIC STATEMENTS. 
 
 Apologetic statements made sometime after 
 accident by person causing accident as 
 res gestce. 42 L.R.A. (N.S.) 928. 
 
 APOPLEXY. 
 
 As affecting testamentary capacity. 
 1915A, 452. 
 
 L.R.A. 
 
 APOTHECARIES. 
 
 APPARENT OWNERSHIP. 
 
 Estoppel of one permitting title to realty 
 to stand in another's name to assert 
 title as against the latter's creditors. 
 30 L.R.A. (N.S.) 1; 46 L.R.A. (N.S.) 
 1097. 
 
 See DRUGS AND DRUGGISTS. 
 
 with this booJc on every law question. 
 
 APPEAL AND ERROR. 
 
 I. Right of appeal, 1, 2. 
 
 II. Modes of review, 3. 
 
 III. Appellate jurisdiction, 4-0. 
 
 IV. Transfer of cause; parties, 7- 
 
 17. 
 
 a. Right to transfer, 7-Sa. 
 
 b. Effect, 9-11. 
 
 c. Parties, 12. 
 
 d. Mode; conditions; regula- 
 
 tions, 13. 
 
 e. Time for taking appeal, 
 
 14:, 15. 
 
 1. Security, 16, 17. 
 V. Record, 18-23C. 
 VI. Objections and exceptions, 24:, 
 
 24a. 
 
 VII. Dismissal; abatement, 25. 
 VIII. Hearing and determination, 
 26-40. 
 
 a. In general, 26-34. 
 
 b. What errors tvarraiit re- 
 
 versal, 34a-4O. 
 IX. Judgment on appeal, 41-44a 
 
 a. In general, 41. 
 
 b. Costs, 42. 
 
 c. Effect of decision; subse- 
 
 quent proceedings, 43- 
 44a. 
 
 X. Rehearing, 45. 
 XI. Liability on appeal bond, 46. 
 XII. Effect of danger of, 47. 
 
 As to certified cases, see CASES CERTIFIED. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 179. 
 
 In eminent domain proceedings, see EMI- 
 NENT DOMAIN, 34. 
 
 From justice's judgment, see JUSTICE OF 
 THE PEACE, 8. 
 
 From order appointing receiver, see RE-. 
 CEIVERS, 8. 
 
 As to bill of review, see REVIEW. 
 
 Appeal in workmen's compensation cases, 
 see WORKMEN'S COMPENSATION, 3. 
 
 /. Right of appeal. 
 
 1. Generally. 
 
 Right to appeal from appointment of guard- 
 ian for incompetent person, see INCOM- 
 PETENT PERSONS, 23. 
 
 From tax assessment, see TAXES, 59c. 
 
 Effect of right of appeal upon plaintiff's 
 right to dismiss action. L.R.A.1917C, 
 133. 
 
 Right to appeal from order of Federal cir- 
 cuit court remanding cause to state 
 court. 1 L.R.A. 67.
 
 INDEX TO L.R.A. NOTES. 
 
 39 
 
 APPEAL AND ERROR, I. cont'd 
 
 Right to appeal from void judgment, de- 
 cree, or order. 33 L.R.A. (N.S.) 733. 
 
 Constitutionality of statute denying right 
 of appeal from decision of courts in 
 certain classes of cases. 19 L.R.A. 
 (N.S.) 377. 
 
 Power of legislature to permit appeal to 
 court for purpose of reviewing the 
 amount of a tax assessment. 13 L.R.A. 
 (N.S.) 716. 
 
 .From decree for costs only. 1 L.R.A. (N.S.) 
 1083. 
 
 Right of applicant to appeal in proceedings 
 to appoint guardian for incompetent 
 person. 15 L.R.A. (N.S.) 436. 
 
 Fron. mandate of court requiring submis- 
 sion of question by initiative petition. 
 50 L.R.A. (N.S.) 218. 
 
 As to matters connected with initiative and 
 referendum election. L.R.A.1917B, 32. 
 
 Dissolution of preliminary injunction as 
 affecting right to punish for contempt 
 for its violation pending appeal. 51 
 L.R.A. (N.S.) 972. 
 
 Validity of contract not to appeal from 
 decree of divorce. 44 L.R.A. (N.S.) 
 386. 
 
 Constitutionality of statute denying right 
 of appeal from decision in certain 
 classes of cases. 44 L.R.A. (N.S.) 
 1209. 
 
 2. Criminal cases. 
 
 Right of state to appeal, see infra, 7a. 
 
 Question whether suit for statutory pen- 
 alty is a civil or criminal prosecution 
 as affecting appeal. 27 L.R.A. (N.S.) 
 752. 
 
 Hight to review of order in habeas corpus 
 discharging or remanding party held 
 for extradition. 34 L.R.A. (N.S.) 755. 
 
 In case of insanity after commission of 
 criminal act. 38 L.R.A. 589. 
 
 //. Modes of review. 
 
 3. Generally. 
 
 Under the Torrens Law. L.R.A.1916D, 49. 
 
 Exclusiveness of remedy by appeal in case 
 of defects in local improvement. 56 
 L.R.A. 908. 
 
 Right of legislature to deny right of appeal 
 where there is other mode of review. 
 19 L.R.A. (N.S.) 380. 
 
 Exercise of superintending control of place 
 of appeal. 51 L.R.A. 109; 20 L.R.A. 
 (N.S.) 949. 
 
 Lack of remedy by appeal as ground for in- 
 junction against judgment. 30 L.R.A. 
 560. 
 
 Exceptions to rule that certiorari will not 
 lie where there is an appeal. 50 L.R.A. 
 787. 
 
 Prohibition not issued to review or correct 
 errors of law or fact. 3 L.R.A. 57. 
 
 Writ of prohibition not to serve purpose of 
 writ of error. 9 L.R.A. 59. 
 
 Appeal as proper method of review of con- 
 troversies arising in bankruptcy pro- 
 ceedings. 10 L.R.A. (N.S.) 765. * 
 
 Consult also L.R.A. Digests of Cases. 
 
 APPEAL AND ERROR cont'd 
 
 lit. Appellate jurisdiction. 
 
 4. Jurisdiction of Federal Supreme 
 Court over state courts. 
 
 What adjudication of state courts can be 
 brought up for review in the Su- 
 preme Court of the United State* 
 by writ of error to those courts. 
 62 L.R.A. 513. 
 
 How and when questions must be raised and 
 decided in a state court in order to 
 make a case for a writ of error 
 from the Supreme Court of the 
 United States. 63 L.R.A. 33. 
 
 5. Supervisory jurisdiction. 
 
 Superintending control of courts generally, 
 see COURTS, 30, 31. 
 
 Inherent power of supervisory or superin- 
 tending control in courts of appellate 
 jurisdiction. 51 L.R.A. 36. 
 
 Exercise of superintending control and 
 supervisory jurisdiction to aid appel- 
 late jurisdiction. 51 L.R:A. 110. 
 
 Exercise of superintending control in place 
 of appeal. 51 L.R.A. 109; 20 L.R.A. 
 (N.S.) 949. 
 
 Original jurisdiction of court of last resort 
 under grant of appellate jurisdiction. 
 58 L.R.A. 844. 
 
 6. Jurisdictional amount. 
 
 Right of legislature to deny right of appeal 
 in cases where amount does not exceed 
 designated sum. 19 L.R.A. (N.S.) 379; 
 44 L.R.A.(N.S.) 1209. 
 
 Counterclaim as affecting amount involved. 
 L.R.A.1918F, 837. 
 
 Effect of counterclaim in amount in excess 
 of jurisdiction in appellate court. 
 37 L.R.A.(N.S.) 616. 
 
 IV. Transfer of cause; parties, 
 a. Right to transfer. 
 
 7. Who entitled to. 
 
 Under the Torrens Law. L.R.A.1916D, 49. 
 
 Who may appeal to, or sue out writ of er- 
 ror from, Federal Supreme Court. 66 
 L.R.A. 854. 
 
 Who is a "person aggrieved" within statute 
 allowing appeal by such person in pro- 
 ceedings for the appointment of a 
 guardian for an alleged incompetent. 
 25 L.R.A. (N.S.) 155. 
 
 Right of surviving party to appeal from 
 decree of divorce. 57 L.R.A. 583; 44 
 L.R.A. (N.S.) 505. 
 
 Appeal by distributee from decree on ac- 
 counting of which he had no notice. 63 
 L.R.A. 97. 
 
 Right of receiver to appeal. L.R.A.1915D, 
 802. 
 
 Right of lowest bidder to appeal from re- 
 fusal to award contract to him. 30 
 L.R.A.(N.S.) 130. 
 
 7a. right of state to appeal in 
 criminal case. 
 
 In general. 19 L.R.A. 342. 
 Constitutionality of statute giving state 
 
 right to appeal in criminal case. L.R.A. 
 
 1915F, 1093.
 
 40 
 
 INDEX TO L.R.A. NOTES. 
 
 APPEAL AND ERROR, IV. a cont'd 
 8. L,os or waiver of right. 
 
 Waiver of right to appeal by taking ad- 
 vantage of judgment or order appealed 
 from in another direction. L.R.A. 
 1916E, 894. 
 
 Effect of escape on appeal from conviction. 
 26 L.R.A.(N.S.) 921. 
 
 Right of trial court to cut off defendant's 
 appeal by requiring or permitting a 
 reduction of an excessive verdict. 39 
 L.R.A.(N.S.) 1065. 
 
 Acceptance by debtor of surplus arising 
 from sale under a decree as affecting his 
 right to appeal from the decree. L.R.A. 
 1918E, 106. 
 
 8a. Appeal from part of decree. 
 
 Right to accept favorable part of a decree, 
 judgment, or order, and appeal 
 from the rest of it. 29 L.R.A. 
 (N.S.) 1. 
 
 b. Effect. 
 
 % 9. Generally. 
 
 In injunction suit, see INJUNCTION, 83. 
 
 Effect of death of party pending appeal. 49 
 L.R.A. 168. 
 
 Effect of pardon granted pending appeal. 
 L.R.A.1917B, 570. 
 
 Possibility of appeal from dismissal of gar- 
 nishment "or attachment as affecting 
 right to withhold property from debtor. 
 L.R.A.1917B, 591. 
 
 Protection of one purchasing after decree 
 and before any steps have been taken to 
 review the same. 10 L.R.A. (N.S.) 443. 
 
 Rights of one acquiring interest in property 
 from party to suit pending proceed- 
 ings in appellate court. 27 L.R.A. 
 735. 
 
 Effect of right to appeal from divorce de- 
 cree on party's right to remarry. 17 
 L.R.A. 573. 
 
 Effect of right to appeal on plaintiff's right 
 to dismiss action. L.R.A.1917C, 133. 
 
 Appeal as. affecting decree for permanent 
 alimony. L.R.A. 1915B, 1071. 
 
 Effect, on marriage relation, of appeal from 
 conviction of husband or wife. 31 
 L.R.A. 518. 
 
 On right to maintain action for malicious 
 prosecution. 2 L.R.A. (N.S.) 953. 
 
 Pendency of appeal or error as affecting 
 running of statute of limitations 
 against an action for malicious prosecu- 
 tion. 43 L.R.A. (N.S.) 611. 
 
 When does limitation commence to run 
 against action to recover money paid 
 on a judgment subsequently reversed 
 or modified. 25 L.R.A. (N.S.) 31. 
 
 In condemnation proceedings. 2 L.R.A. 
 (N.S.) 313. 
 
 P. 5 ght upon appeal to dismiss condemnation 
 proceedings after confirmation of award 
 or after judgment, L.R.A.1916C, 648. 
 
 Effect of appeal from disbarment or sus- 
 pension of attornev. 24 L.R.A. (N.S.) 
 756. 
 
 Validity of statute or ordinance providing 
 for forfeiture of liquor license upon 
 
 Begin with this book on every law question. 
 
 APPEAL AND ERROR, IV. b--cont'd 
 
 conviction of licensee irrespective of ap- 
 peal. 29 L.R.A.(N.S.) 417. 
 
 Personal liability of executor or adminis- 
 trator to distributees for interest dur- 
 ing pendency of appeal. 31 L.R.A. 
 (N.S.) 356. 
 
 To modify or suspend injunction. 1 L.R.A. 
 (N.S.) 555. 
 
 Effect of appeal from order appointing re- 
 ceiver. 20 L.R.A. 395. 
 
 As stay of judgment in habeas corpus pro- 
 ceedings. 2 L.R.A. (N.S.) 244; L.R.A. 
 1918C, 923. 
 
 Effect of appeal from a prior conviction on 
 enhancement of penalty for crime by 
 prior offender. 34 L.R.'A. 403. 
 
 Suspension of injunction pending appeal, 
 38 L.R.A.(N.S.) 436. 
 
 Right to release on bail pending appeal 
 under general statute. 37 L.R.A. (N.S.) 
 693. 
 
 Right to bail pending appeal in attempt to 
 avoid body execution. L.R.A.1915E, 
 340. 
 
 Right to release pending appeal from con- 
 viction upon taking pauper's oath. 
 L.R.A.1916F, 106. 
 
 Right to damages for detention of property 
 pending appeal in replevin. 52 L.R.A. 
 (N.S.) 1199. 
 
 10. Subsequent proceedings below or 
 in other inferior courts. 
 
 Power of trial court to correct its record 
 after an appeal or writ of error. 
 31 L.R.A. (N.S.) 207. 
 
 Jurisdiction to award temporary alimony, 
 suit money, or counsel fees pending 
 appeal in divorce suit. 27 L.R.A. 
 (N.S.) 712; L.R.A.1916F, 1259. 
 
 Effect of appeal from injunction upon juris- 
 diction of trial court to punish for con- 
 tempt for its violation. 14 L.R.A. 
 (X.S.) 1150; L.R.A.1918F, 794. 
 
 Suspension on appeal, of injunction to en- 
 join infringement of patent. 39 L.R.A. 
 (N.S.) 14. 
 
 Effect of pending appeal from a conviction 
 upon its operation as a bar to another 
 prosecution for the same offense. 23. 
 L.R.A.(N.S.) 596. 
 
 Power of public prosecutor to dismiss prose- 
 cution after taking of. 35 L.R.A. 710. 
 
 Delay in prosecution caused by, as ground 
 for discharge of accused. 56 L.R.A. 
 518. 
 
 Release on bail in capital case pending ap- 
 peal. 39 L.R.A. (N.S.) 768. 
 
 Effect of appeal from order appointing a 
 receiver of corporation to enable a 
 court of concurrent jurisdiction to take 
 jurisdiction. 22 L.R.A. (N.S.) 316. 
 
 Effect of order to turn back the property 
 after appeal from appointment of re- 
 ceiver upon right of other courts to ex- 
 ercise jurisdiction over it. 15 L.R.A, 
 (N.S.) 963. 
 
 Power of equity to enjoin enforcement of 
 judgment in an action at law in order 
 to retain status quo pending appeal 
 from the judgment. 25 L.R.A. (N.S.) 
 828.
 
 INDEX TO L.R.A. NOTES. 
 
 41 
 
 APPEAL AND ERROR, IV. b cont'd 
 lOa. pending error or appeal to 
 Federal Supreme Court. 
 
 Further proceedings pending error or ap- 
 peal to Federal Supreme Court. 60 
 L.R.A. 802. 
 
 11. Effect of repeal of statute pend- 
 ing appeal. 
 
 Effect of repeal of civil statute pending ap- 
 peal from judgment based on statute. 
 37 L.R.A. (N.S.) 934. 
 
 .Effect of repeal without saving clause of 
 statute or ordinance pending appeal 
 from conviction under it. 23 L.R.A. 
 (N.S.) 243. 
 
 c. Parties. 
 
 12. Generally. 
 
 Who entitled to appear, see supra, 7, 7a. 
 
 On error or appeal to Federal Supreme 
 Court. 66 L.R.A. 854. 
 
 tl. Mode; conditions; regulations. 
 
 13. Generally. 
 
 What entry or record necessary to com- 
 plete judgment or order for purposes 
 of appeal. 28 L.R.A. 627. 
 Practice and procedure governing the trans- 
 fer of causes to the Federal Su- 
 preme Court on writ of error or 
 appeal. 66 L.R.A. 833. 
 
 Rights of individual t<frt-feasors against 
 whom a joint verdict has been obtained 
 as to appeal. L.R.A.1918C, 974. 
 
 e. Time for taking appeal. 
 
 11. Generally. 
 
 First and last days in computing time for. 
 
 49 L.R.A. 226; 15 L.R.A. (N.S.) 689. 
 Where last dav falls on holiday. 19 L.R.A. 
 
 319. 
 Loss of papers as excuse for delay in filing 
 
 transcript on appeal. 25 L.R.A. (N.S.) 
 
 865. 
 Constitutionality of statute reviving right 
 
 of appeal on writ of error after same 
 
 barred by lapse of time. 45 L.R.A. 614. 
 Statute changing time allowed for appeal 
 
 or writ of error as affecting pending 
 
 action. 51 L.R.A. (N.S.) 760. 
 Under the Torrens Law. L.R.A.1916D, 49. 
 
 15. For transfer of cause to Federal 
 
 Supreme Court. 
 When review only is desired. 66 L.R.A. 
 
 846. 
 When supersedeas is desired. 66 li.R.A. 
 
 847. 
 
 How time is to be computed. 66 L.R.A. 848. 
 How objections may be raised. 66 L.R.A. 
 
 850. 
 Time for filing record and docketing cause. 
 
 66 L.R.A. 850. 
 
 /. Security. 
 
 % Ifi. Generally. 
 
 Liability on bond, see infra, XL 
 
 Consult also L.R.A. Digests of Cases. 
 
 APPEAL AND ERROR, IV. f cont'd 
 
 Liability of clerk of court in accepting in- 
 sufficient appeal bond. 44 L.R.A. 
 (N.S.) 175. 
 
 Premature executing of appeal bond. 44 
 L.R.A.(N.S.) 1144. 
 
 Condition in execution of appeal bond as? 
 to its execution by another. 43 L.R.A. 
 333. 
 
 Power of surety company to act as surety 
 on appeal bond. 48* L.R.A. 590. 
 
 Power of appellate court to require new 
 supersedeas or appeal bond. 9 L.R.A. 
 (N.S.) 1054. 
 
 Effect of insertion of unauthorized provi- 
 sion in bond. L.R.A.1917B, 990. 
 
 17. On error or appeal to Federal 
 Supreme Court. 
 
 Necessity. 66 L.R.A. 858. 
 
 Requirements as to time. 66 L.R.A. 858. 
 
 When supersedeas is desired. 66 L.R.A. 
 
 858. 
 Formal, requisites in general. 66 L.R.A. 
 
 859. 
 
 Parties. 66 L.R.A. 859. 
 Sureties. 66 L.R.A. 860. 
 Acceptance and approval. 66 L.R.A. 860. 
 Amount. 66 L.R.A. 860. 
 New or additional security. 66 L.R.A. 860. 
 
 V. Record. 
 
 18. Generally. 
 
 Filing record and docketing cause in Fed- 
 eral Supreme Court. 66 L.R.A. 
 850. 
 
 Disposition of appeal where without fault 
 of appellant the record is lost or 
 incomplete. 25 L.R.A.(N.S.) 860; 
 L.R.A.1915B, 353. 
 
 19. What should be shown by. 
 
 What record on appeal must show. 8 L.R.A. 
 611. 
 
 Necessity for perpetuating in record objec- 
 tion, ruling, and exception to improper 
 arguments by prosecuting attorney. 46 
 L.R.A. 646. 
 
 20. in Federal Supreme Court. 
 
 What the record must show respecting the 
 presentation and decision of a Fed- 
 eral question in order to confer 
 jurisdiction on the Supreme Court 
 of the United States of a writ of 
 error to a state court. 63 L.R.A. 
 471. 
 
 The record for the purpose of showing juris- 
 diction in the Supreme Court of 
 the United States of a writ of er- 
 ror to a state court. 63 L.R.A. 
 329. 
 
 21. Amendment. 
 
 On certiorari, see CERTIORARI, 6. 
 Amendment of judicial records generally, 
 see RECORDS AND RECORDING LAWS, 8. 
 
 Power of trial court to correct its record 
 after appeal or writ of error. 31 
 
 L.R.A.(N.S.) 207.
 
 42 
 
 INDEX TO L.R.A. NOTES. 
 
 APPEAL AND ERROR, V. cont'd 
 Amendment of record to cure defect for 
 \\ H h motion in arrest of judgment has 
 been made. 67 L.R.A. 185. 
 Amendment of pleadings in appellate court 
 to conform to proof. L.R.A.1916D, 
 841. 
 
 22. Opinion as part of. 
 
 Opinion of the court below as part of the 
 
 record. 15 L.R.A. 798. 
 Of state court as part of record on review 
 
 in United States Supreme Court. 63 
 
 L.R.A. 330. 
 
 23. Bill of exceptions; case made. 
 
 What bill of exceptions must show. 8 
 
 L.R.A. 611. 
 Mandamus to" compel judge to sign bills 
 
 of exceptions after expiration of term. 
 
 36 L.R.A.(N.S.) 1087. 
 
 Death of judge before signing bill of excep- 
 tions as ground for new trial. 2 L.R.A. 
 
 (N.S.) 1000. 
 Presumption as to time of alteration in 
 
 bill of exceptions. 39 L.R.A. (N.S.) 
 
 114. 
 
 2 3 a. authority of judge pro tern, 
 as to. 
 
 Whether certificate should be by regular 
 or special judge. 42 L.R.A. (N.S.) 616. 
 
 Expiration of court term, vacation by spec- 
 ial judge of bench, etc., as affecting his 
 authority to sign. 42 L.R.A. (N.S.) 
 619. 
 
 Power upon rendition of judgment to allow 
 time for preparing and filing bill of 
 
 exceptions or case-made. 
 (N.S.) 623. 
 
 42 L.R.A. 
 
 Power to extend time given for prepar- 
 ing or filing bill of exceptions or case 
 made. 42 L.R.A. (N.S.) 623. 
 
 23b. Assignment of errors. 
 
 23c. cross errors. 
 
 Effect of cross errors on right of appellant 
 to dismiss appeal on writ of error. 
 L.R.A.1917A, 119. 
 
 VI. Objections and exceptions. 
 
 24. Generally. 
 
 Necessity of objection to improper argu- 
 ment by prosecuting attorney. 46 
 L.R.A. 642. 
 
 Necessity of objection to misstatement of 
 facts or statement of facts not in evi- 
 dence by counsel in argument to jury. 
 L.R.A.1918D, 41. 
 
 24a. Time and place of taking. 
 
 For objection to improper argument by 
 
 prosecuting attorney. 46 L.R.A. 642. 
 Time for objection to service on nonresident. 
 
 50 L.R.A. 585. 
 Of objecting to omission of revenue stamp 
 
 from instrument. 48 L.R.A. 318. 
 Time and manner of objecting to jurors 
 
 who have served in same or similar 
 
 case. 68 L.R.A. 882. 
 
 Begin with this book on every law question. 
 
 APPEAL AND ERROR, VI. cont'd 
 When objection must be made to consump- 
 tion of liquor by jury. L.R.A. 19150^ 
 318. 
 
 VII. Dismissal; abatement. 
 
 25. Generally. 
 
 Right of appellant to dismiss appeal or writ 
 of error. L.R.A.1917A, 113. 
 
 Dismissal of appeal by one joint defendant 
 for nonjoinder of other joint defendant 
 in whose favor judgment was rendered. 
 L.R.A.1917D, 676. 
 
 Dismissal of appeal from decree in divorce- 
 suit for failure to comply with order 
 for payment of temporary alimony, 
 suit money or counsel fees. 51 L.R.A. 
 (N.S.) U19. 
 
 Dismissal by court on its own motion of 
 appeal by receiver not entitled to ap- 
 peal. L.R.A.1915D, 811. 
 
 Dismissal of appeal where without fault of 
 appellant the record is lost or incom- 
 plete. L.R.A.1915B, 353. 
 
 Abandonment or dismissal of appeal as a 
 breach of the condition of an appeal 
 bond. L.R.A.1915A, 839. 
 
 Effect of war on appeal in suit in which 
 alien enemy is a party. 5 B. R. C. 589. 
 
 Abatement of appeal by or against corpora- 
 tion, by dissolution or expiration of 
 charter. 32 L.R.A. (N.S.) 450. 
 
 VIII. Hearinaand determination. 
 
 a. In general. 
 
 26. Trial de novo. 
 
 Right to certiorari where appeal is a trial 
 
 de novo. 50 L.R.A. 795. 
 Waiver of failure to serve, or defects in 
 service of process, by an appeal 
 from justice's court to courta 
 where trial must be de novo. 34 
 L.R.A.(N.S.) 661. 
 
 Jury trial on appeal as satisfying constitu- 
 tional right to trial by jury. 15 L.E.A. 
 441. 
 
 Trial de novo on appeal to court from de- 
 cision of railroad commission. 49 
 L.R.A.(N.S.) 572. 
 
 Right of garnishee on trial de novo on ap- 
 peal to attack judgment against prin- 
 cipal defendant for lack of jurisdiction. 
 51 L.R.A. (N.S.) 599. 
 
 27. Questions reviewable generally. 
 
 On appeal in workmen's compensation cases. 
 L.R.A.1917D, 188. 
 
 Rules governing appellate court on applica- 
 tion for bail in capital case. 39 L.R.A. 
 (N.S.) 784. 
 
 Decision as to competency of children as 
 witnesses. 19 L.R.A. 610. 
 
 Review of ruling on motion for new trial 
 because of reading newspaper account 
 of trial by juror in criminal case. 46 
 L.R.A. (N.S.) 745. 
 
 Review of decision as to disqualification of 
 juror in criminal case upon opinion 
 gained from newspaper reports. 35- 
 L.R.A.(N.S.) 1015.
 
 INDEX TO L.R.A. NOTES. 
 
 APPEAL AND ERROR, VIII. a cont'd 
 Right to review of order granting or de- 
 nying motion for inspection of books 
 or papers, apart from an appeal from 
 final judgment. 28 L.R.A. (N.S.) 516. 
 Review by appellate court of ruling of the 
 trial court on motion to grant a 
 new trial in action for bodily in- 
 juries on ground of inadequacy of 
 damages awarded. 28 L.R.A. 
 (N.S.) 130. 
 
 28. in Federal Supreme Court. 
 
 What questions the Federal Supreme Court 
 will consider in reviewing the 
 judgment of state courts. 63 
 L.R.A. 571, 
 
 28a. Objections as to which party is 
 estopped. 
 
 Right of party who invoked jurisdiction to 
 raise, on appeal, objection of lack 
 of jurisdiction. L.R.A.1916B, 803. 
 
 29. Discretionary matters. 
 
 Refusal of continuance for illness of party. 
 42 L.R.A.(N.S.) 662. 
 
 Granting or refusing continuance to pro- 
 cure witness who is beyond the juris- 
 diction. L.R.A.1918E, 527. 
 
 When does a refusal of an order for physical 
 examination amount to an abuse of dis- 
 cretion. 15 L.R.A.(N.S.) 663. 
 
 Limitation of time for argument of counsel 
 for accused as abuse of discretion. 25 
 L.R.A.(N.S.) 1027. 
 
 Review of ruling on motion for new trial 
 because of reading of newspaper ac- 
 count of trial by juror in criminal case. 
 46 L.R.A. (N.S.) 745. 
 
 As to granting new trial because of con- 
 sumption of liquor by jury. L.R.A. 
 1915C, 318. 
 
 As to granting new trial because of im- 
 proper argument of counsel to jury. 
 L.R.A.1918D, 45. 
 
 As to opening decree of divorce taken by de- 
 fault. L.R.A.1917B, 472. 
 
 29a. Questions not raised below. 
 
 Raising defense of statute of frauds for first 
 time on appeal. 49 L.R.A. (N.S.) 29; 
 L.R.A.1917B, 1071. 
 
 Raising objection of duplicity in indictment 
 for first time on appeal. 49 L.R.A. 
 (N.S.) 457. 
 
 Right of garnishee to raise question of in- 
 validity of judgment against principal 
 defendant for lack of jurisdiction for 
 first time on appeal. 51 L.R.A. (N.S.) 
 600. 
 
 8 30. Errors waived or cured below. 
 
 When error in denying continuance for ab- 
 sent witness cured. 2 L.R.A. (N.S.) 
 721. 
 
 Waiver of objection to testimony by cross- 
 examination. 33 L.R.A. (N.S.) 103. 
 
 Withdrawal of refusal to charge and giving 
 requested charge in substance as affect- 
 ed by subsequent refusal to charge 
 proposition in form originally pre- 
 ferred. 2 L.R.A.(N.S.) 309. 
 
 Consult also L.R.A. Digests of Cases. 
 
 APPEAL AND ERROR, VIII. a cont'd 
 
 Waiver of objection to communication by 
 judge with juror not in open court. 
 17 L.R.A. (N.S.) 614. 
 
 Taking steps to contest cause on the merits 
 after special appearance as waiver of 
 objections to jurisdiction over the per- 
 son. ]6 L.R.A. (N.S.) 177; L.R.A. 
 1916E, 1082. 
 
 Effect of corrective instructions on mis- 
 statement of facts, or statement of 
 facts not in evidence by counsel, in 
 argument to jury. L.R.A.1918D, 34. 
 
 31. Review of facts. 
 
 On appeal in workmen's compensation cases. 
 L.R.A.1917D, 188. 
 
 Right of appellate court to set aside find- 
 ing of jury upon the ground that it ia 
 contrary to scientific principles. 7 
 
 L.R.A.('N.S.) 357; 15 L.R.A.(N.S.) 
 701; 28 L.R.A.(N.S.) 648; L.R.A. 
 
 . 1916B, 301. 
 
 Review of findings in action to have written 
 instrument importing an absolute con- 
 veyance declared a mortgage or pledge. 
 L.R.A. 1916B, 563. 
 
 32. inadequacy or excessiveiiess of 
 damages. 
 
 Instances of excessive or inadequate 
 amounts, see DAMAGES, 64, 65a. 
 
 Inadequacy of damages. 47 L.R.A. 33. 
 
 Power of appellate court to interfere with 
 verdict for excessive damages. 
 26 L.R.A. 384. 
 
 Decision that damages excessive, effect on 
 second appeal. 34 L.R.A. 343. 
 
 Rules guiding the courts on appeal in de- 
 termining excessiveness or adequacy of 
 verdicts for personal injuries resulting 
 in death. L.R.A.1916C, 810. 
 
 Excessive damages under civil damage act 
 for death through intoxication. L.R.A. 
 1916D, 943. 
 
 33. criminal cases. 
 
 Conviction on testimony of accomplice 
 
 which is self-contradictorv. 21 L.R.A. 
 
 (N.S.) 878. 
 Power to reverse conviction for insufficiency 
 
 of evidence to sustain the verdict. 17 
 
 L.R.A. 484. 
 Excessive sentence. 45 L.R.A. 150; 51 
 
 L.R.A.(N.S.) 373. 
 
 34. in Federal Supreme Court. 
 
 Questions of fact on error from Federal 
 Supreme Court to state court. 63 
 L.R.A. 577. 
 
 ft. What errors warrant reversal. 
 
 34a. In general. 
 
 Binding force of statute or court rule not 
 to reverse for errors not amounting to 
 miscarriage of justice. L.R.A.1918B, 
 390. 
 
 35. As to evidence or witnesses; 
 variance. 
 
 Binding force of statute or court rule not 
 to reverse for errors not amounting to 
 miscarriage of justice. L.R.A. 1918B. 
 390.
 
 -14 
 
 INDEX TO L.R.A. NOTES. 
 
 APPEAL AND ERROR, VIII. b cont'd 
 Admission or exclusion of books of account. 
 
 52 L.R.A. 010. 
 
 ".fusal to allow cross-examination on rele- 
 vant matters covered by examination in 
 chief as ground for reversal. 25 L.R.A. 
 (N.S.) 683. 
 
 Variance as to name of deceased as ground 
 for reversal in homicide. 38 L.R.A. 
 (N.S.) 187. 
 
 r ; >miiiitinent or holding of witness for con- 
 tempt or perjury during trial as 
 ground for reversal. 43 L.R.A. 
 (N.S.) 844. 
 
 8 36. As to instructions. 
 
 Binding force of statute or court rule not 
 to reverse for errors not amount ing 
 to miscarriage of justice. L.R.A. 1918B, 
 390. 
 
 Prejuuit ml error in instruction as to rela- 
 tion of doctrine res ipsa loquitur to 
 burden of proof. L.R.A.1916A, 932. 
 
 Necessity of qualifying by reference to con- 
 scious falsity an instruction under a 
 statute enacting the maxim, Falsus in 
 uno. /a/SMS in omnibus, without that 
 qualification. 29 L.R.A.(N.S.) 680. 
 
 Failure to qualify a master's duty as to 
 places and appliances by reference to 
 ordinary care or reasonable safety. 6 
 L.R.A. (N.S.) 602. 
 
 37. Argument or comment by prose- 
 cuting' attorney. 
 
 Misstatement of facts, or statement of facts 
 not in evidence, by counsel in argument 
 to jury, as ground for reversal. L.R.A. 
 1918D, 4. 
 
 Reversal of conviction because of unfair or 
 irrelevant argument or statements 
 of facts by prosecuting attorney. 
 46 L.R.A. 641. 
 
 Comment on failure of defendant to produce 
 witness as ground for reversal or new 
 trial. 34 L.R.A. (N.S.) 811. 
 
 Reference by prosecuting attorney in argu- 
 ment to jury to attempts to tamper 
 with witnesses or jurymen as ground 
 for reversal. 30 L.R.A. (N.S.) 795. 
 
 Reference by prosecuting attorney in argu- 
 ment to jury to result in other case. 
 38 L.R.A.(N.S.) 1130. 
 
 Argument by prosecuting attorney that an 
 acquittal would encourage lynch law as 
 "round for reversal. 51 L.R.A. (N.S.) 
 914. 
 
 38. Remarks or conduct of judge. 
 
 KflVet of judge communicating with jury, 
 not in open court. 17 L.R\A. (N.S.) 
 609; L.R.A.1916D, 719. 
 
 Intimation that a recommendation to mercy 
 would be entertained as ground for re- 
 versal of conviction. 40 L.R.A. (N.S.) 
 239. 
 
 Rebuking or fining attorney during trial "as 
 prejudicing rights of party, 42 
 L.R.A. (N.S.) 428. 
 
 Admonishing or warning witness by judge 
 in criminal case as ground for reversal. 
 L.R.A. 1917E, 859. 
 
 Begin \vith this book on every 7<m- question. 
 
 APPEAL AND ERROR, VIII. b cont'd 
 
 3ft. As to jury; conduct of trial. 
 
 Binding effect of statute or court rule not 
 to reverse for errors not amounting to 
 miscarriage of justice. L.R.A. 19 181'., 
 390. 
 
 Effect upon conviction of failure to give 
 accused an opportunity to plead. 45 
 L.R.A. (N.S.) (i(i4. 
 
 Disqualification of a part of the participat- 
 ing judges. L.R.A.1918D, 244. 
 
 Prejudicial error in examination of jurors 
 as to connection with casualty or in- 
 demnity company in action against one 
 insured or indemnified by such com- 
 pany. L.R.A.1915A, lf>3. 
 
 Mistake as to name of .juror as ground for 
 reversal. 47 L.R.A.(N.S.) 717. 
 
 Effect of failure to swear jury. L.R.A. 
 1917D, 399. 
 
 Employment of person to watch jury to 
 guard against their being tampered, 
 with. 48 L.R.A. (N.S.) 540. 
 
 View by jury. 42 L.R.A. 391; L.R.A. 
 1915B, 703. 
 
 Coercion of disagreeing jury. 16 L.R.A. 
 643. 
 
 Right to reversal where jury disregard er- 
 roneous instructions. 21 L.R.A. (N.S.) 
 852. 
 
 Treating jurors as ground for reversal. 19 
 L.R.A.(N.S.) 733; 49 L.R.A. (N.S.) 
 889. 
 
 Consumption of liquor by jury as ground 
 for new trial or reversal. L.R.A. 
 i!>lf)C, 302. 
 
 Effect of jury in criminal case hearing 
 speech or address out of court on sub- 
 ject related to issues before them. 38 
 L.R.A. (N.S.) 1116. 
 
 Effect of misconduct of spectator during 
 criminal trial. L.R.A.1918E, 959. 
 
 Placing manacles upon prisoner as ground 
 of reversal of conviction. 39 L.R.A. 
 824. 
 
 40. As to findings, verdict, or judg- 
 ment. 
 
 Excessive damages as ground for reversal. 
 26 L.R.A. 391, 398. 
 
 Inadequacy of damages as ground. 47 
 L.R.A. 33. 
 
 Excessive sentence as ground of reversal. 
 45 L.R.A. 150; 51 L.R.A.(N.S.) 381. 
 IX. Judgment on appeal, 
 a. In general. 
 
 41. Generally. 
 
 Effect of appellant's dismissal of appeal on 
 judgment. L.R.A.1917A, 120. 
 
 Power of reviewing court to dismiss prose- 
 cution. 35 L.R.A. 71 C. 
 
 Form and extent of relief in case of ex- 
 cessive sentence. 45 L.R.A. 150; 51 
 L.R.A. (N.S.) 381. 
 
 Reversal of judgment as against some per- 
 sons sued as joint tort feasors, without 
 reversing as to others. 27 L.R.A. (N.S.) 
 212. 
 
 Power of appellate court to resentence for 
 lower degree on reversal of conviction 
 for homicide for higher degree. 21 
 L.R.A. (N.S.) 20.
 
 INDEX TO L.R.A. NOTES. 
 
 APPEAL AND ERROR, IX. a cont'd 
 
 May judgment against two or more tort 
 leasers be set aside as to some and al- 
 lowed to stand as to the rest. L.R.A. 
 1918C, 970. 
 
 Constitutional power of appellate court, 
 upon reversing judgment for plaintiff 
 on verdict, to direct a judgment for de- 
 fendant without remanding the case for 
 a new trial. 2 L.R.A. (N.S.) 302. 
 
 Power to limit the issues in granting new 
 trial. L.R.A.1915E, 239. 
 
 Power of court to make a reduction of dam- 
 ages a condition of refusing a new trial 
 of an action for unliquidated damages 
 without consent of defendant. 6 B. R. 
 C. 10. 
 
 b. Costs. 
 
 42. Generally. 
 
 Costs where appellant dismisses appeal. 
 L.R.A.1917A, 120. 
 
 Right of executor or administrator to ap- 
 peal in forma pauperis. 68 L.R.A. 418. 
 
 Liability for costs on appeal from award in 
 condemnation proceedings. 36 
 L.R.A. (N.S.) 624. 
 
 Liability of indemnitor for costs of success- 
 ful appeal by party indemnified. L.R.A. 
 191 5F, 598. 
 
 c. Effect of decision; subsequent pro- 
 ceedings. 
 
 43. Generally. 
 
 Reversal of judgment on appeal or error 
 by one joint defendant as affecting oth- 
 er joint defendant in whose favor judg- 
 ment below was rendered. L.R.A.1917D, 
 674. 
 
 Acquittal or discharge on appeal, as evi- 
 dence of want of probable cause for 
 prosecution. 64 L.R.A. 480. 
 
 Reversed conviction as evidence of probable 
 cause defeating action for ma- 
 licious prosecution. L.R.A. 1916F, 
 196. 
 
 Reversed conviction by magistrate or 
 justice. 34 L.R.A. (N.S.) 958. 
 
 Effect of judgment rendered on appeal after 
 death of party without revivor. 4] 
 L.R.A. (N.S.) 1053. 
 
 Effect of reversal upon previous judicial 
 sale. 21 L.R.A. 52. 
 
 Effect of prior decision on statutory new 
 trials in real actions. 40 L.R.A. 825. 
 
 Reversal on merits without remanding as a 
 bar to a new action. 30 L.R.A. (N.S. ) 
 377. 
 
 Effect on conviction of failure to give ac- 
 cused ' an opportunity to plead after 
 reversal. 13 L.R.A. (N.S.) 814. 
 
 Right to amend pleadings after final deci- 
 sion on appeal. 18 L.R.A. (N.S.) 263. 
 
 Bill of review because of newly discovered 
 evidence after affirmance or reversal 
 by appellate court. 4 L.R.A. (N.S.) 
 865; 30 L.R.A. (N.S.) 1030. 
 
 Effect of cumulative sentences in case of 
 reversal of first conviction. 7 L.R.A. 
 (N.S.) 128. 
 
 Consult also L.R.A. Digests of Cases. 
 
 APPEAL AND ERROR,. IX. c. cont'd 
 Liability for tort in doing acts authorized 
 
 by subsisting judgment which is after- 
 
 wards reversed. 45 L.R.A. 800; 40 
 
 L.R.A. (N.S.) 1197. 
 Judgment a (firm ing a nonsuit as the law of 
 
 the case. 48 L.R.A. (N.S.) 464. 
 
 44. On later appeal. 
 
 Collusiveness of prior decisions on subse- 
 quent appeals. 34 L.R.A. 321. 
 
 44a. Restitution. 
 
 Refusal to restore money or property so- 
 cured under -judgment subsequently re- 
 versed or set aside as contempt. 39 
 L.R.A.(N.S.) 1100. 
 
 Measure of restitution where property is 
 sold under a judgment or order subse- 
 quently reversed without intervening 
 supersedeas or stay. L.R.A.1917C, 
 1179. 
 
 X. Rehearing. 
 
 45. Generally. 
 
 Petition for rehearing as part of record of 
 state court on review in the United 
 States Supreme Court. 63 L.R.A. 333. 
 
 XI. Liability on appeal bond. 
 
 46. Generally. 
 
 Matters as to bond generally, see supra, 
 16, 17. 
 
 Sureties on bond in Federal Supreme Court, 
 66 L.R.A. 860. 
 
 Who is real party in interest, who must 
 bring action on appeal bond. 64 L.R.A. 
 605. 
 
 Compromise or consent to affirmance as 
 affecting liability of surety upon appeal 
 bond. 43 L.R.A. (N.S.) 1040. 
 
 Liability of sureties on appeal bond where 
 judgment is in favor of one principal 
 and against another. 51 L.R.A. (N.S.) 
 656. 
 
 Abandonment or dismissal of appeal a a 
 breach of the condition of an ap- 
 peal bond. L.R.A. 1915A, 83J). 
 
 When discharge of principal in bankruptcy 
 will release surety on. 14 L.R.A. (N.S.) 
 510. 
 
 Right of sureties on appeal or supersedeas 
 bond to look to sureties on prior bond 
 of same principal, 6 L.R.A. (N.S.) 
 1021; L.R.A.1918D, 1192. 
 
 Effect of delivery of bond unsigned by prin- 
 cipal obligor. 12 L.R.A. (N.S.) 1118. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond. L.R.A.1917B, 990. 
 
 Effect of dismissal of appeal bv appellant. 
 L.R.A.1917A, 120. 
 
 Form of judgment on appeal bond. 62 
 L.R.A. 442. 
 
 Effect upon surety on appeal bond of judg- 
 ment against principal. 40 L.R.A. 
 (X.S.) 741; L.R.A.1918E, 819. 
 
 Presumption as to time of alteration in ap- 
 peal bond. 39 L.R.A. (N.S.) 115. 
 
 Penalty as limit of liability on appeal bond. 
 55 L.R.A. 387.
 
 INDEX TO L.R.A. NOTES. 
 
 APPEAL AND ERROR cont'd 
 
 XII. Effect of danger of. 
 
 47. Generally. 
 
 On marketability of title. 38 L.R.A. (N.S.) 
 15. 
 
 APPEAL BOND. 
 
 See APPEAL AND EBBOB, 16, 17, 46. 
 
 APPEARANCE. 
 
 1. Generally. 
 
 Authority of attorney to appear in action, 
 see ATTORNEYS, 15. 
 
 Right of witness to express an opinion as 
 
 to appearance of person or object. 
 
 L.R.A.1918A, 668. 
 By appellee or defendant in error in Feder- 
 
 al Supreme Court. 66 L.R.A. 853. 
 Filijig bond to secure release of seized prop- 
 erty as an appearance. L.R.A.1916F, 
 
 587. 
 
 2. Effect of. 
 
 Effect of appearance by nonresident in di- 
 vorce suit, see DIVORCE AND SEPARA- 
 
 TION, 12. 
 
 As an admission or waiver by a fiduciary. 
 
 32 L.R.A. 681. 
 On right to injunction against judgment. 
 
 31 L.R.A. 211. 
 Taking steps to contest a cause on the mer- 
 
 its after a special appearance, as waiv- 
 
 er of objections to jurisdiction over 
 
 the person. 16 L.R.A. (N.S.) 177; 
 
 L.R.A.1916E, 1082. 
 Appearance of claimant in garnishment pro- 
 
 ceedings as relieving garnishee of duty 
 
 to protect his rights. L.R.A.1918B, 
 
 1068. 
 Appearance by counsel on charge of misde- 
 
 meanor as satisfaction of condition of 
 
 bail, bond or recognizance. 27 L.R.A. 
 
 (N.S.) 943. 
 Waiver of lack of or defects in service of 
 
 process by special appearance on appeal 
 
 from justice's court. 34 L.R.A. (N.S.) 
 
 664. 
 Judgment on voluntary or collusive appear- 
 
 ance as bar to subsequent prosecution. 
 
 L.R.A.1918A, 1181. 
 
 3. unauthorized appearance. 
 
 Effect of judgment on, see JUDGMENT, 24. 
 
 Effect of judgment obtained on unauthor- 
 ized appearance by attorney. 21 L.R.A. 
 848. 
 
 Effect of failure to object before judgment 
 to unauthorized appearance by an at- 
 torney, upon right to relief from judg- 
 ment. L.R.A.1918B, 899. 
 
 4. gaining jurisdiction by. 
 
 Acquiring jurisdiction over foreign corpora- 
 tion by. 70 L.R.A. 536. 
 
 APPEARANCE cont'd" 
 
 Effcct of, by nonresident to give jurisdiction 
 
 of divorce case. 23 L.R.A. 287. 
 Effect of, upon local jurisdiction of action 
 
 against foreign corporation. 70 L.R.A. 
 
 701. 
 
 5. Withdrawal of. 
 
 Power of defendant's attorney to withdraw 
 answer or appearance and permit de- 
 fault judgment. 33 L.R.A. 515. 
 
 APPENDICITIS. 
 
 Effect of, on recovery for negligent injury 
 to person. 48 L.R.A.(N.S.) 97. 
 
 APPLIANCES. 
 
 Master's duty as to safety of, see MASTER 
 AND SEBVANT, III. a, 6. 
 
 APPLICATION. 
 
 Of deposits, see BANKS, 17-19. 
 For insurance, see INSURANCE, V. b. 
 Of payments, see PAYMENTS, 20-22. 
 
 APPOINTMENT. 
 
 Of personal representative, see EXECUTORS 
 AND ADMINISTBATOBS, 3-7. 
 
 Of guardian, see GUARDIAN AND WABD, 
 2-4. 
 
 To office, see MUNICIPAL CORPORATIONS, 
 115; OFFICERS, 10-14. 
 
 Of receiver, see RECEIVEBS, 2-10. 
 
 Of school teacher, see SCHOOLS, 15. 
 
 Power of,. see POWERS. 
 
 Constitutionality of statute permitting 
 court to appoint expert witnesses. 33 
 L.R.A.(N.S.) 917. 
 
 Begin -with this Itooh on every law question. 
 
 APPORTIONMENT. 
 
 1. Generally. 
 
 Of election districts, see ELECTION Dis 
 
 TRICTS. 
 
 Between insurance companies, see INSUR- 
 ANCE, 200. 
 
 Of assessment for public improvements, see 
 PUBLIC IMPROVEMENTS, 24-26. 
 
 Of grand jurors. 28 L.R.A. 198. 
 
 Of rents of intestate's property. 40 L.R.A. 
 340, 345. 
 
 Effect, on transfer tax, of apportioning 
 property of nonresident decedent with- 
 in state to payment of debts or legacies 
 which are exempt or subject to a re- 
 duced rate. 18 L.R.A. (N.S.) 946.
 
 INDEX TO L.R.A. NOTES. 
 
 47 
 
 APPORTIONMENT cont'd 
 Apportionment of taxes which covenant in 
 
 lease requires tenant to pay. L.R.A. 
 
 1915A, 360. :;,, 
 
 2. Of income or dividends. 
 
 Of annuity, see ANNUITY, 2. 
 
 Apportionment of income upon death of 
 life beneficiary between distribu- 
 tion periods. 27 L.R.A. (N.S.) 449. 
 Of dividends on transfer of stock. 45 
 
 L.R.A. 396; L.R.A.1917B, 326. 
 Of dividends or distributions between life 
 tenant and remainderman. 12 L.R.A. 
 (N.S.) 768; 50 L.R.A.(N.S.) 510. 
 
 APPRAISAL. . 
 
 Of insurance loss, see INSUBANCE, 151, 
 152. 
 
 Of valuation of property of public service 
 corporation, see PUBLIC SERVICE CORPO- 
 RATIONS, 5. 
 
 For purpose of succession tax, see TAXES, 
 102. 
 
 Irregularity in, as ground for injunction 
 against judicial sale. 30 L.R.A. 139. 
 
 Estoppel of one acting as appraiser upon 
 sale as property of another, to set up 
 title as against purchaser. 48 L.R.A. 
 . (N.S.) 758. 
 
 Specific performance of provisions for ap- 
 praisal of property preliminary to exer- 
 cise of option. L.R.A.1917C, 813. 
 
 APPRECIATION. 
 
 Appreciation in value of capital assets as 
 fund distributable as dividend with- 
 out reference to losses. 1 B. R. C. 
 965. 
 
 APPREHENSION. 
 
 As element of damages for injury by dog. 
 37 L.R.A. (N.S.) 866. 
 
 APPRENTICES. 
 
 Effect of death on contract of. 23 L.R.A. 
 707. 
 
 Proprietary interest of master in earnings 
 of. 5 L.R.A. (N.S.) 1154. 
 
 Damages recoverable in action by master 
 for injury to. 32 L.R.A. (N.S.) 38. 
 
 Duty to furnish medical aid to. 28 L.R.A. 
 555; 4 L.R.A. (N.S.) 49. 
 
 Effect of failure to provide medical attend- 
 ance for, to render master guilty of 
 .manslaughter. 6 L.R.A. (N.S.) 685. 
 
 Homicide by excessive chastisement of. 60 
 L.R.A. '804. 
 
 Consult also L.R.A. Digests of Cases. 
 
 APPROACHES. 
 
 1. Generally. 
 
 Duty of carrier as to, see CARRIERS, 70- 
 72. 
 
 Injunction to protect approach to burial 
 ground. 3 L.R.A. (N.S.) 483. 
 
 Compensation for making, as element of 
 damages for laying out street across 
 railway property. 24 L.R.A. (N.S.) 
 1233. 
 
 Duty of street railway as to condition of 
 approaches to cars. 32 L.R.A. (N.S.) 
 881; 48 L.R.A.(N.S.) 974. 
 
 2. To bridge. 
 
 Approaches of a bridge as part of it. 20 
 L.R.A. 416. 
 
 To bridge, liability of county for torts and 
 negligence as to. 39 L.R.A. 33. 
 
 Liability of county or town for injury by 
 unguarded approach. 42 L.R.A. (N.S.) 
 275; L.R.A.1915F, 975. 
 
 Rights and duties of toll bridge proprietors 
 as to. 30 L.R.A. (N.S.) 362. 
 
 Municipal liability for injury to abutting 
 owner from approacli to bridge under 
 constitutional provision against "dam- 
 aging" private property for public use 
 without compensation. 36 L.R.A. 
 (N.S.) 1198. 
 
 APPROPRIATIONS. 
 
 1. Generally. 
 
 Of property for public purpose, see EMINENT 
 
 DOMAIN, 9-23. 
 
 Of payments, see PAYMENTS, 20-22. 
 For what purposes public money may be 
 
 appropriated, see PUBLIC MONEY, 4; 
 
 TAXES, 13. 
 By town, see TOWNS, 6. 
 Of water, see WATERS, 8G-91. 
 
 Necessity and .sufficiency of reference in 
 title of statute to appropriations to put 
 its purpose into effect. L.R.A.1917B, 
 812.. 
 
 Self-executing constitutional provision as 
 to. 16 L.R.A. 285. 
 
 Agreement to accept less then amount of ap- 
 propriation. 36 L.R.A.(N.S.) 244; 
 L.R.A.1917B, 190. 
 
 Validity of statute or ordinance authoriz- 
 ing appropriation of money for two 
 or more purposes. 14 L.R.A. (N.S.) 
 519. 
 
 2. Necessity and requisites of. 
 
 Requisites of appropriation for official sal- 
 ary or expenses. 16 L.R.A. (N.S.) 631: 
 27 L.R.A.(N.S.) 537; 49 L.R.A. (N.S.) 
 67. 
 
 APPROVAIi. 
 
 See also SATISFACTION.
 
 48 
 
 APPROVAL cont'd 
 
 Of bond in Federal Supreme Court. 66 
 
 L.R.A. 860. 
 Remedies of parties under a contract for 
 
 the sale of an article on approval. 
 
 L.R.A.1918B, 873. 
 
 INDEX TO L.R.A. NOTES. 
 
 APPURTENANCES. 
 
 Easements as, see EASEMENTS, 10-15. 
 
 Personal property passing as appurtenance, 
 see PERSONAL PROPERTY, 3. 
 
 What passes as appurtenant to sale of per- 
 sonalty, see SALE, 8. 
 
 Ponds as. 58 L.R.A. 489. 
 
 Corporeal appurtenances to realty. 15 
 L.R.A. 652. 
 
 Taking of land for appurtenances for rail- 
 road as a public use. 22 L.R.A. (N.S.) 
 122. 
 
 What are articles included in such general 
 terms as appurtenances and the like 
 employed in chattel mortgage. 46 
 L.R.A.(N.S.) 206. 
 
 4 
 
 AQUEDUCT. 
 
 As an appurtenance. 15 L.R.A. 653. 
 
 ARBITRATION. 
 
 1. Generally. 
 
 Of infant's cause of action, see INFANTS. 
 
 33. 
 Of insurance loss, see INSURANCE, 151, 
 
 152. 
 
 Claims against building and loan asso- 
 
 ciation. 35 L.R.A. 294. 
 Arbitration of infant's cause of action. 70 
 
 L.R.A. 170. 
 Provision for, in workmen's compensation 
 
 act. L.R.A.1916A, 174. 
 Effect of prior arbitration in determining 
 
 compensation to be paid public utility 
 
 company upon taking its plant. 47 
 
 L.R.A.(N.S.) 788. 
 
 2. Submission to; agreements for. 
 
 Arbitration agreements, their validity and 
 binding force. 47 L.R.A. (N.S.) 
 337. 
 KflVc-t of submission to, on account stated. 
 
 27 L.R.A. 818. 
 
 Validity of rule of board of trade requir- 
 ing submission of disputes to. 2 L.R.A. 
 (X.S.) 672. 
 
 3. revocation of submission. 
 
 General right of revocation. 47 L.R.A. 
 
 (N.S.) 400. 
 When stipulated to be irrevocable. 47 
 
 L.RJUN.S.) 402. 
 Sul. missions made rules of court. 47 L.R.A. 
 
 (N.S.) 403. 
 
 Itegin \vith this booh on every laiv question. 
 
 ARBITRATION cont'd 
 
 Submissions of preliminary and collateral 
 
 questions. 47 L.R.A. (N.S.) 404. 
 Revocability as affected by statute. 47 
 
 L.R.A.(N.S.) 405. 
 
 Implied revocations. 47 L.R.A. (N.S.) 406, 
 Revocation as affected by the consideration 
 
 for the submission. 47 L.R.A. (N.S. ), 
 
 406. 
 Bringing suit before award as revocation 
 
 of submission to arbitration. 31 L.R.A, 
 
 (N.S.) 679. 
 
 Right of arbitrators to rehear, or of a par- 
 ty to revoke submission, where award is. 
 
 not coextensive with the submission. 
 
 18 L.R.A.(N.S.) 1247. 
 
 Right to withdraw from arbitration under 
 a submission by rule or order of 
 court. 43 L.R.A.(N.S.) 711. 
 
 3a. breach 6f agreement to arbi- 
 trate. 
 
 Breaches of agreements to arbitrate. 47 
 L.R.A. (N.S.) 408. 
 
 Effect upon character of sum agreed upon 
 for breach of agreement as penalty or 
 liquidated damages, of single or multi- 
 ple stipulations in contract. L.R.A. 
 191 6E, 388. 
 
 4. Arbitrator; umpire. 
 
 Right of woman to hold office of arbitra- 
 tor. 38 L.R.A. 210. 
 
 Characteristics and qualifications of arbi- 
 ters. 47 L.R.A. (N.S.) 340. 
 
 Powers and functions of arbitrators uuder 
 workmen's compensation act. L.R.A. 
 1916A, 177. 
 
 Appointment and remuneration of arbitra- 
 tors under workmen's compensation 
 act. L.R.A.1916A, 111. 
 
 Necessity of notice of appointment of um- 
 pire or third arbitrator, and of pro- 
 ceedings before him. 19 L.R.A. (N.S.) 
 696. 
 
 4a. personal liability of. 
 
 Arbitrator chosen by both parties. 42 
 
 L.R.A.(N.S.) 277. 
 Arbitrator selected by one party. 42 L.R.A. 
 
 (N.S.) 282. 
 
 5. Award. 
 
 Provision in contract for collusiveness of 
 decision of person appointed arbitrator, 
 see CONTRACTS, 142. 
 
 Effect on contract of leaving price depend- 
 ent on amount of award. 53 L.R.A. 
 294. 
 
 Validity of award under parol submission 
 involving title to real property. 22 
 L.R.A. (N.S.) 716. 
 
 Effect of award upon claim arising oivt of 
 illegal transaction. 58 L.R.A. 181, 
 
 Awards after revocations. 47 L.R.A. (N.S. ) 
 441. 
 
 Need of unanimity. 47 L.R.A. (N.S.) 442. 
 
 Finality. 47 L.R.A. (N.S.) 442. 
 
 Enforcement. 47 L.R.A. (N.S.) 445. 
 
 Enforcement of awards and agreemrfMits- 
 under workmen's compensation acts. 
 L.R.A. 1916A, 188.
 
 INDEX TO L.R.A. NOTES. 
 
 ARBITRATION cont'd 
 
 Effect upon character of sum agreed upon 
 for failure to keep arbitration award 
 as penalty or liquidated damages of 
 single or multiple stipulations in con- 
 tract. L.R.A.1915E, 388. 
 
 C. relief from; setting aside. 
 
 Setting aside award in condemnation pro- 
 ceedings, see EMJUNEJXT DOM.AI.S, 3o. 
 Effect of mistake, see MISTAKE, lo. 
 
 Right of arbitrators to rehear or of a par- 
 ty to revoke submission, where award 
 is not coextensive with submission. 
 18 L.R.A. (M.S.) 1247. 
 
 Appeal from award of arbitrators under 
 workmen's compensation act. L.R.A. 
 191UA, 178. 
 
 Annulling award by arbiters. 47 L.R.A. 
 iN.Jb. 445. 
 
 ARBITRATORS. 
 
 See ARBITRATION, 4, 4a. 
 
 ARCHITECTS. 
 
 Certificate of, see CONTRACTS, 140-142. 
 License of, see LICENSE, 21. 
 Mechanics' lien for services of, see MECHAN- 
 ICS' LIENS, 13. 
 
 Authority of, to contract for services of 
 
 other persons. L.R.A.1918F, 72, 75, 
 
 77. 
 As independent contractors. 65 L.R.A. 465; 
 
 17 L.R.A. (N.S.) 374. 
 Regulation of architects. 36 L.R.A. (N.S.) 
 
 1203. 
 Right to mechanics' lien for labor or mate- 
 
 rial furnished on order of architect be- 
 
 fore abandonment of contract by con- 
 
 tractor. 20 L.R.A.(N.S.) 89. 
 Architect's underestimate of cost of struc- 
 
 ture as basis of a claim or defense 
 
 against him. 42 L.R.A. (N.S.) 125. 
 Waiver by, of stipulation in building con- 
 
 tract that alterations or extras must be 
 
 ordered in writing. 48 L.R.A. (N.S.) 
 
 582, 590, 595. 
 Right oi architect in plans prepared by him. 
 
 3 B. R. C. 464. 
 Liability of architect to owner in regard to 
 
 plans. L.R.A.1918D, 893. 
 Liability of architect or engineer for neg- 
 
 ligence in issuing certificates. 4 B. R. 
 
 C. 859. 
 
 AREA. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 688. 
 
 ARE A WAYS. 
 
 In sidewalk, sec HIGHWAYS, 14, 62. 
 
 1. Rental for. 
 
 Power of municipality to exact fee or rental 
 
 for. 31 L.R.A. (N.S.) 868. 
 Consult also L.R.A. Digests of Cases. 
 
 AREAW AYS cont'd 
 2. Liability as to. 
 
 Municipal liability for injury by. 61 L.R.A. 
 583; 7 L.R.A. (N.S.) 424"; 19 L.R.A. 
 (N.S.) 516; 20 L.R.A. (N.S.) 635; 43 
 L.R.A.(N.S.) 1116. 
 
 Liability of landlord to third persons for 
 condition of. 23 L.R.A. 157; 26 L.R.A. 
 198; 50 L.R.A. (N.S.) 305. 
 
 Liability of abutting owner for failure 
 to guard opening in sidewalk for com- 
 mercial purposes while in use bv third 
 person. 11 L.R.A. (N.S.) 993. 
 
 Employer's liability for negligence of inde- 
 pendent contractor in construction of 
 area under footpath. 65 L.R.A. 846. 
 
 ARGARIC. 
 
 Judicial notice of intoxicating character of, 
 48 L.R.A. (N.S.) 316. 
 
 ARGUMENT. 
 
 Of counsel, see APPEAL AND ERBOB, 37;. 
 TBIAL, 15-17. 
 
 ARMS. 
 
 See WEAPONS. 
 
 ARMY AND NAVY. 
 
 1. Generally. 
 
 As to militia, see MILITIA. 
 
 Secretary of Navy, see SECRETARY OF NAVY. 
 
 Use of municipal funds to provide soldiers, 
 14 L.R.A. 476. 
 
 Exemption of consul from military service. 
 45 L.R.A. 587. 
 
 Occupation of premises by persons in Army. 
 4 L.R.A.(N.S.) 714, 719, 725. 
 
 Rights of master in earnings of servant who- 
 has enlisted in Army. 5 L.R.A. (N.S. ) 
 1169. 
 
 Purchase of substitute for husband in army 
 as a family expense or necessary with- 
 in statute rendering wife or her prop- 
 erty liable therefor. L.R.A.1917F, 864, 
 
 Civil and criminal responsibility of soldiers. 
 L.R.A.1915A, 1141. 
 
 Power of state under Federal Constitution 
 to legislate with respect to army and 
 navy. L.R.A.1918C, 307. 
 
 Validity of statute making military service 
 compulsory. 7 B. R. C. 593. 
 
 Decisions under the Espionage Act of June 
 15, 1917. L.R.A.1918F, 410. 
 
 Court decisions under Selective Service Act 
 of May 18, 1917. L.R.A.1918E, 1018. 
 
 Exclusion of seditious matter from the 
 mails under the Espionage Act. L.R.A. 
 1918C, 89. 
 
 2. Enlistment of infant. 
 
 Enlistment of minor without parent's con- 
 sent in army, navy, or militia. 39- 
 L.R.A. (N.S.) 454.'
 
 50 
 
 INDEX TO L.R.A. NOTES. 
 
 ARMY AND NAVY cont'd 
 
 Right of minor unlawfully enlisted in Army 
 or Navy to discharge on habeas corpus 
 from custody of court-martial on charge 
 of desertion or fraudulent enlistment 
 18 L.R.A.(N.S.) 956; L.R.A.1917D 
 1059. 
 
 ARRAIGNMENT. 
 
 See CRIMINAL LAW, 55. 
 
 ARREARS. 
 
 In instalment due on mortgage, see MOBT 
 CAGE, 65. 
 
 Of dividends on preferred, guaranteed, anc 
 interest-bearing stocks. 27 L.R.A. 147 
 
 ARREST. 
 
 1. Generally. 
 
 Of judgment, see ARREST OF JUDGMENT. 
 Of passenger, see CARRIERS, III. f. 
 Release from, on bail, see BAIL AND RECOG 
 
 NIZANCE. 
 
 Escape from, see -ESCAPE. 
 Reward for, see REWARD. 
 Privilege from, see WRIT AND PROCESS 
 30-37. 
 
 Swearing out warrant of, as condition pre- 
 cedent to action on burglary insur- 
 ance policy. 46 L.R.A.(N.S.) 567. 
 
 Order of, as condition of right to body 
 execution. L.R.A.1915A, 706. 
 
 Arrest of witness as contempt of court. 
 L.R.A.1915D, 569. 
 
 Validity of marriage under compulsion of 
 arrest or imprisonment. 43 L.R.A. 816. 
 
 First and lust days in computing time on. 
 49 L.R.A. 223. 
 
 Robbery by officers after making. 1 L.R.A. 
 (N.S.) 1024. 
 
 Complaint or information based on infor- 
 mation and belief as basis for issuance 
 of. warrant or for examination prelimi- 
 nary thereto. 10 L.R.A. (N.S.) 159; 
 25 L.R.A.(N.S.) 60. 
 
 Arrest of person as a condition of an ac- 
 tion for the malicious prosecution of a 
 civil action. L.R.A.1918D, 550. 
 
 Right to have record of arrest canceled. 
 L.R.A.1917E, 777. 
 
 2. Right to make. 
 
 Power of governor, in exercise of power to 
 suppress insurrection, to authorize ar- 
 rest and detention of persons without 
 turning them over to the civil authori- 
 ties. 32 L.R.A. (N.S.) 979. 
 
 3. without warrant. 
 
 For breach of the peace, see BREACH OF THE 
 PEACE, 2. 
 
 ARREST cont'd 
 
 I Right of private persons to make or cause 
 arrest without warrant. 7 B. R. C. 679. 
 
 Arrest without warrant of woman soliciting 
 or accosting men. L.R.A.1917D, 697. 
 
 Right of officer to arrest without a war- 
 rant one using abusive language to- 
 ward him, or interfering with him in 
 the performance of his duty. 13 L.R A 
 (N.S.) 881. 
 
 Necessity to prevent escape, as condition of 
 right to make arrest without a war- 
 rant. 2 L.R.A. (N.S.) 730. 
 
 Innocence of one arrested as affecting right 
 to arrest without a warrant, under a 
 statute authorizing such an arrest 
 when the offender shall be taken or 
 apprehended in the act, etc. 34 L.R.A 
 (N.S.) 1]82. 
 
 Right of peace officer to enter dwelling to 
 make arrest without warrant. 16 
 L.R.A. 500. 
 
 4. How made, rights and powers of 
 person making. 
 
 Right of peace officer to enter dwelling to 
 
 make arrests. 16 L.R.A. 500. 
 What information is an accused person en- 
 titled to at the time of his arrest. 
 42 L.R.A. 673. 
 Right of surety on bail bond to pursue prin- 
 cipal into another state for the pur- 
 pose of arresting him. 14 L.R.A. 605. 
 
 5. homicide in making. 
 
 See HOMICIDE, 12. 
 
 6. Liability for making. 
 
 As to liability for making, see infra, 6. 
 Liability of carriers, see CARRIERS, 15, 
 
 15a. 
 Master's liability for arrest by servant, see 
 
 MASTER AND SERVANT, 173. 
 Liability for wrongfully making generally, 
 
 see FALSE IMPRISONMENT. 
 
 Liability of officer who uses criminal proc- 
 ess to collect a debt. 24 L.R.A. (N.S.) 
 
 ' 3 9 L 
 aability of peace officer or his bond for 
 
 shooting a person while attempting to 
 
 arrest him. 51 L.R.A.(N.S.) 1179. 
 liability of principal for false arrest by 
 
 agent authorized to collect a debt. 51 
 
 L.R.A.(N.S.) 471. 
 
 j 7. Resisting. 
 
 Escape from arrest, see ESCAPE. 
 
 What constitutes resistance to arrest. 24 
 L.R.A.(N.S.) 199. 
 
 Evidence of resisting arrest to show motive 
 for crime. 62 L.R. A. 211. 
 
 Right of officer to arrest without warrant 
 one interfering with him in the per- 
 formance of his duty. 13 L.R.A.(N.S.) 
 881. 
 
 8. crime while resisting. 
 
 Jomicide, see HOMICIDE, 11. 
 
 ssault in resisting unlawful arrest. 
 L.R.A.(N.S.) 150. 
 
 33
 
 INDEX TO L.R.A. NOTES. 
 
 61 
 
 ARREST cont'd 
 
 Evidence of crime committed in resisting ar- 
 rest after commission of crime charged. 
 62 L.R.A. 338. 
 
 9. In c'ivil action. 
 
 Right to, in breach of promise case. 59 
 L.R.A. 957. 
 
 Effect of bankruptcy law on proceedings 
 for arrest in state insolvent proceed- 
 ings. 45 L.R.A. 188. 
 
 Arrest under civil process for breach of war- 
 ranty. 20 L.R.A. (N.S.) 844. 
 
 Right to arrest partner in civil action or 
 proceeding. 4 L.R.A. (N.S.) 130. 
 
 Effect on suit for discharge from wrongful 
 arrest. 19 L.R.A. 560. 
 
 10. In extradition proceedings. 
 
 Without warrant, awaiting arrival of ex- 
 tradition papers. 26 L.R.A. 34. 
 
 Necessity of warrant for purposes of ex- 
 tradition. 28 L.R.A. 804. 
 
 ARREST OF JUDGMENT. 
 
 In criminal prosecution, see CRIMINAL LAW, 
 
 58. 
 Motion in, see JUDGMENT, 19. 
 
 ARSON. 
 
 1. Generally. 
 
 Bv tenant or other person in possession of 
 
 another's property. L.R.A.1918E, 484. 
 Criminal liability of children for. 36 
 
 L.R.A. 201. 
 
 Solicitation to. 25 L.R.A. 437- 
 Cruel and unusual punishment for. 35 
 
 L.R.A. 509. 
 Evidence of other crimes in prosecution for. 
 
 62 L.R.A. 208, 238, 289, 319, 325; 
 
 L.R.A.1915A, 800. 
 Necessity and sufficiency of description of 
 
 offense in bail bond or recognizance. 
 
 38 L.R.A.(N.S.) 317. 
 
 2. Of one's own, or spouse's, build- 
 ing. 
 
 Arson in setting fire to one's own building. 
 
 32 L.R.A. 647. 
 
 Arson by one spouse burning property of 
 the other. 21 L.R.A. (N.S.) 27. 
 
 3. Of insured property. 
 
 Liability of insurance company in case of 
 intentional destruction of property by 
 insured. 17 L.R.A. (N.S.) 189. 
 
 Indications that building may be inten- 
 tionally set on fire as an increase of 
 risk. 31 L.R.A. (N.S.) 603. 
 
 Arson in setting fire to one's own building 
 to injure insurer. 32 L.R.A. 648, 
 
 4. Attempt to commit. 
 
 What constitutes attempt. 4 L.R.A. (N.S.) 
 
 417; 41 L.R.A.(N.S.) 439. 
 Procuring or providing instrumentalities 
 
 for commission of arson as an attempt 
 
 to commit the same. 6 L.R.A. (N.S.) 
 
 804. 
 Consult also L.R.A. Digests of Cases. 
 
 ARSON cont'd 
 
 5. Corpus delicti in. 
 
 Generally. 16 L.R.A. (N.S.) 285. 
 Proof of. 68 L.R.A. 41, 49, 55, 69, 71, 78; 
 L.R.A.1916D, 1299. 
 
 ART. 
 
 Art criticism as libel. 28 L.R.A. 672. 
 
 Validity of bequest for education in. 
 L.R.A. (N.S.) 1007. 
 
 Specific performance of contracts in rela- 
 tion to works of. L.R.A.1918E, 616. 
 
 37 
 
 ARTICLES OP ASSOCIATION. 
 
 Restricting transfer of stock by. 27 L.R.A. 
 271. 
 
 ARTICLES OP WAR. 
 
 Are state militias subject to the articles of 
 war of the United States. 40 L.R.A. 
 (N. S.) 354. 
 
 ARTIFICE. 
 
 Voluntariness of confession procured by. 18 
 L.R.A. (N.S.) 840; 50 L.R.A.(N.S.) 
 1088. 
 
 ARTIFICIAL BODY OP WATER. 
 
 Rights in, see WATERS, 27. 
 
 ARTIFICIAL CHANNELS. 
 
 See also CANALS. 
 
 Navigability of. 42 L.R.A. 323. 
 
 Right to use for floating logs. 41 L.R.A. 
 376. 
 
 Boundary on artificial body of water. 51 
 L.R.A. 178. 
 
 Effect of bounding grant on. 42 L.R.A. 
 509. 
 
 Rights acquired in artificial condition of 
 body of water. 50 L.R.A. 836. 
 
 Reciprocal easement as to. 17 L.R.A. (N.S.) 
 945. 
 
 Conversion into natural water course. 16 
 L.R.A.(N.S.) 280. 
 
 Duty as to protection of banks of water 
 course diverted into an artificial chan- 
 nel. L.R.A.1916F, 1302. 
 
 Liability for overflow from artificial chan- 
 nel by which a stream is diverted from 
 its natural channel. 36 L.R.A. (N.S.) 
 1158; L.R.A.1916F, 1291.
 
 52 
 
 INDEX TO L.R.A. NOTES. 
 
 ARTISTIC WORK. 
 
 Common-law right in unpublished pictures. 
 1 B. R. C. 195. 
 
 Employer's rights in respect to artistic 
 work performed by employee. 5 L.R.A. 
 (N.S.) 1187. 
 
 Rights of employer and employee with re- 
 spect to literary or pictorial work of 
 employee. 1 B. R. C. 324. 
 
 ARTISTS. 
 
 Right of artist to use picture for his own 
 purposes. 42 L.R.A.(N.S.) 386. 
 
 ASEXUALIZATION. 
 
 Of criminals or defectives. 41 L.R.A. (N.S.) 
 419; L.R.A.1918D, 236. 
 
 ASHES. 
 
 Municipal liability -as to, see MUNICIPAL 
 CORPORATIONS, 78. 
 
 Doctrine of "attractive muisance" as applied 
 to injury from hot ashes, see NEGLI- 
 GENCE, *23a. 
 
 ASPHYXIATION. 
 
 See INSURANCE, 161a. 
 
 ASPORTATION. 
 
 What constitutes, see LARCENT, 3. 
 Bringing stolen property into the state, see 
 
 BRINGING STOLEN PROPERTY INTO THE 
 
 STATE. 
 
 ASSAULT AND BATTERY. 
 
 1. Generally. 
 
 On passenger, see CARRIERS, 11-14. 
 
 Master's liability for assault by servant, 
 generally, see MASTER AND SERVANT, 
 172. 
 
 Damages for. see DAMAGES, 8, 52. 
 
 Indictment for, see INDICTMENT, INFORMA- 
 TION, AND COMPLAINT, 14. 
 
 With intent to commit rape, see RAPE. 
 
 Question for jury on trial for, see TRIAL, 
 55. 
 
 Provision in insurance policy against lia- 
 bility in event of death or injury in 
 consequence of violation of law, as ap- 
 plied to death or injury resulting from 
 a personal encounter. L.R.A.1917C, 
 199. 
 
 Liability of master for intentional injury to 
 servant by third person. L.R.A.1917F, 
 
 Bet/in ifith thin book on every laic question. 
 
 ASSAULT AND BATTERY cont'd 
 
 Solicitation to commit. 25 L.R.A. 438. 
 
 Several offenses growing out of same facts. 
 31 L.R.A.(N.S.) 693, 732. 
 
 In removing servant from premises after 
 termination of service. 41 L.R.A. 
 (N.S.) 761. 
 
 By negligent operation of automobile. 
 L.R.A.1917D, 950. 
 
 Internal hemorrhage as evidence of statu- 
 tory wounding. 28 L.R.A. (N.S.) 965.. 
 
 Assault on witness as contempt of court. 
 L.R.A. 1915D, 570. 
 
 On judge after retiring from courtroom, as 
 a contempt. 2 L.R.A. (N.S.) 603. 
 
 Recovery for, under workmen's compensa- 
 tion act. L.R.A.1916A, 309; L.R.A. 
 1917D, 112, 123; L.R.A.1918E, 498. 
 
 Right of action for, as asset of bankrupt. 
 43 L.R.A.(N.S.) 941. 
 
 Effect of discharge in bankruptcy on liabil- 
 ity for. 3 L.R.A. (N.S.) 702. 
 
 Former jeopardy in case of. L.R.A. 1915A,. 
 256. 
 
 What weapons may be considered deadly 
 under law of. 21 L.R.A. (N.S.) 497. 
 
 Liability of sureties on constable's bond for 
 assault made in serving or executing 
 civil writ or process. 8 L.R.A. (N.S.) 
 1223. 
 
 Homicide in commission of. 63 L.R.A. 375,. 
 391; 45 L.R.A. (N.S.) 219. 
 
 Conviction on charge of, as bar to subse- 
 quent prosecution for homicide follow- 
 ing death of victim. 14 L.R.A. (N.S.) 
 209. 
 
 Liability of servant or agent for, when act- 
 ing under orders. 50 L.R.A. 646. 
 
 Liability for performing surgical operation! 
 without consent of patieiu. 1 L.R.A. 
 (N.S.) 439; 7 L.R.A.(N.S.) 009; 50 
 L.R.A.(N.S.) 880. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance, 
 
 38 L.R.A. (N.S.) 312, 320. 
 
 Civil liability of insane person for. 42 
 
 L.R.A. (N.S.) 84. 
 
 Withdrawal from combat as affecting civil 
 liability for assault. L.R.A. 191 ~>C, 
 893. 
 
 When verdict in action for, set aside for 
 inadequacy for damages. 39 L.R.A. 
 (N.S.) 487. 
 
 2. What constitutes. 
 
 Solicitation as. 25 L.R.A. 434. 
 Pointing unloaded firearm as. 15 L.R.A. 
 (N.S.) 1272; 41 L.R.A. (N.S.) 181. 
 Demonstration of force or violence outside 
 
 of range of actual injurv. 33 L.R.A. 
 
 (N.S.) 982. 
 Removing one from defendant's premises. 
 
 L.R.A.1918E, 1054. 
 What constitutes an attempt to commit 
 
 homicide as distinguished from assault 
 
 with intent to kill. 21 L.R.A. (N.S.),. 
 
 898. 
 Forcing one to do an act under threat to> 
 
 kill as an assault \vitU intent to kill. 
 
 39 L.R.A. (N.S.) 143.
 
 INDEX TO L.R.A. NOTES. 
 
 53 
 
 ASSAULT AND BATTERY confd 
 Negligent operation of automobile. L.K.A. 
 
 1917D, 950. 
 Striking or frighten ing animal as assault 
 
 upon one in control. L.R.A. 1915E, 812. 
 Taking liberties with woman as an assault. 
 
 L.R.A.1917A, 142. 
 
 ' 3. Excuse; justification; defense. 
 
 Right to plead inconsistent defenses in ac- 
 tions for assault. 48 L.R.A. 197. 
 What intoxication will excuse. 36 L.R.A. 
 
 477. 
 AVithdrawal from combat as affecting civil 
 
 liability. L.R.A.] 91 5C, 893. 
 Assault with intent to murder or kill by 
 unlawful act aimed at another 
 than the one injured. 37 L.R.A. 
 (N.S.) 172. 
 
 Provocation less than an assault, as a de- 
 fense to a civil action for an as- 
 sault and battery. 38 L.R.A. 
 (N.S.) 516. 
 
 Assault to prevent seduction of, or com- 
 mission of adultery with, wife, in the 
 future. 18 L.R.A. ( N.S. ) 688. 
 Assault as affected by beneficent purpose. 
 
 45 L.R.A. (N.S.) 455. 
 
 Assault to prevent one from taking a child. 
 L.R.A.1915A, 73. 
 
 4. consent. 
 
 Consent as justification for assault. 15 
 L.R.A. 853. 
 
 Effect of fact that combat was by agree- 
 ment or mutual consent of parties upon 
 civil liability for assault. 20 L'.R.A. 
 (N.S.) 907. 
 
 Implied consent to performance of surgical 
 operation. 1 L.R.A. (N.S.) 441; 50 
 L.R.A.(N.S.) 880. 
 
 4a. self-defense. * 
 
 Admissibility of evidence of turbulent and 
 dangerous character of victim of as- 
 sault on issue of self defense. L.R.A. 
 1916A, 1245. 
 
 Civil liability for killing or injuring one 
 person while acting in self-defense 
 against a third person. 50 L.R.A. (N.S. ) 
 1069. 
 
 Riglit of self-defense against assault pro- 
 voked by abusive language. 51 L.R.A. 
 (N.S.) 838. 
 
 Effect of withdrawal from combat on doc- 
 trine of self-defense. L.R.A.1915C, 893. 
 
 As deferise to carrier in action for assault 
 by employee on passenger. 32 L.R.A. 
 (N.S.) 1203; L.R.A.1915E, 673. 
 
 Right of self-defense by one pursued and 
 assaulted after leaving premises which 
 he had entered for an unlawful pur- 
 pose. 26 L.R.A. (N.S.) 621. 
 
 In resisting unlawful arrest. 33 L.R.A. 
 (N.S.) 150. 
 
 5. protecting or recovering posses- 
 sion of property. 
 
 Force permissible in resisting or aiding 
 the attempt of public service cor- 
 poration to plant poles, lay tracks, 
 etc. 45 L.R.A.(N.S.) 601. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ASSAULT AND BATTERY cont'd 
 
 Resisting seizure of property under process. 
 L.R.A. 1916B, 957. 
 
 Use of force to protect possession of real 
 property by one not in actual posses- 
 sion. L.R.A.1918C, 532. 
 
 Riglit to employ force in retaking property 
 sold conditionally. L.R.A. 1915F, 673. 
 
 Assault in recapture of property. 14 L.R.A. 
 317. 
 
 Civil liability for assault committed in re- 
 gaining possession of land, by one en- 
 titled to possession. 17 L.R.A..(N.S.) 
 455. 
 
 Criminal liability for assault committed in 
 regaining possession of land by one en- 
 titled to possession. 22 L.R.A. (N.S.) 
 728. 
 
 Right to use force to recover possession of 
 chattel. 3 L.R.A. (N.S.) 251; 19 L.R.A. 
 (N.S.) 606. 
 
 Right to use deadly weapon in resisting 
 trespass. 22 L.R.A. (N.S.) 724. 
 
 6. mistake in identity. 
 
 Mistaken identity as justification for. 67 
 
 L.R.A. 565; 37 L.R.A. (N.S.) 172. 
 Assault or homicide as affected by mistake 
 
 as to identity of person assaulted, 
 
 33 L.R.A.(N.S.) 1070. 
 
 7. Criminal responsibility of children 
 for. 
 
 Assault with intent to inflict great bodily 
 
 harm. 36 L.R.A. 201. 
 Assault with intent to rape. 36 L.R.A. 
 
 204, 205. 
 Common assault upon female. 36 L.R.A. 
 
 205. 
 
 Indecent assault. 36 L.R.A. 205. 
 Assault and battery upon female. 36 
 
 L.R.A. 206. 
 
 8. By parent or teacher. 
 
 Liability of parent or custodian for as- 
 sault by punishment of child. 21 
 L.R.A. (N.S.) 2] 6. 
 
 Right of teacher to inflict corporal punish- 
 ment on pupil. 1 B. R. C. 718. 
 
 9. Responsibility of one aiding or en- 
 couraging another in. 
 
 Is one assisting relative in peril bound by 
 the latter's act in bringing on the dif- 
 ficulty. 45 L.R.A. 703; 15 L.R.A. 
 (N.S.') 1013; 39 L.R.A. (N.S.) 671. 
 
 Civil liability of member of a mob which 
 makes hostile demonstration against a 
 person. 38 L.R.A. (N.S.) 404. 
 
 Civil liability of one who encourages an as- 
 sault without physically participat- 
 ing therein. 51 L.R.A. (N.S.) 718. 
 
 Criminal responsibility of one who aids an- 
 other in assault in which the latter, 
 without his knowledge or consent, uses 
 a deadly weapon. 23 L.R.A. (N.S.) 273. 
 
 10. Homicide in resisting. 
 
 Homicide in resisting. 67 L.R.A. 532, 541. 
 
 Insulting words or conduct combined with 
 
 assault as provocation for homicide. 
 
 4 L.R.A. (N.S.) 158.
 
 54 
 
 INDEX TO L.R.A. NOTES. 
 
 ASSAULT AND BATTERY eont'd 
 11. Intent in committing. 
 
 Intent as an element of simple assault or 
 assault and battery. 14 L.R.A. 
 226. 
 Right of one to testify as to his intent. 
 
 23 L.R.A. (N.S.) 389. 
 
 Charging assault with intent to kill when 
 actual intent is directed against an- 
 other. 7 L.R.A.(N.S.) 630. 
 
 12. Charge of, included in prosecu- 
 tion for homicide. 
 
 Charge of assault and battery included in 
 prosecution for homicide. 21 L.R.A. 
 (N.S.) 11; 43 L.R.A.(N.S.) 813. 
 
 13. Evidence on trial for. 
 
 Effect of admission to change burden of 
 proof and right to open and close in 
 action for assault. 61 L.R.A. 539, 548, 
 558. 
 
 Burden of proving that weapon was not 
 loaded in prosecution for assault with 
 firearms. 42 L.R.A. (N.S.) 975. 
 
 Admissibility of declarations of infant 
 female too young to be sworn as a wit- 
 ness at the trial. 65 L.R.A. 317. 
 
 Proof of corpus delicti in prosecution for. 
 68 L.R.A. 50, 70. 
 
 Evidence of other crimes in prosecution for. 
 
 62 L.R.A. 207, 228, 278, 313, 314. 
 . Evidence of other assaults made at about 
 the time of one for which action for 
 damages is brought. 44 L.R.A. (N.S.) 
 1173. 
 
 Evidence of plaintiff's character in action 
 for. 14 L.R.A. (N.S.) 753. 
 
 Admissibility of evidence of turbulent and 
 dangerous character of victim of as- 
 sault on issue of self defense. L.R.A. 
 1916A, 1245. 
 
 Evidence of specific instances to prove char- 
 acter of victim in prosecution for. 14 
 L.R.A.(N.S.) 713. 
 
 Evidence of provocation to mitigate dam- 
 ages in civil action for. 1 L.R.A. 
 (N.S.) 337; 11 L.R.A. (N.S.) 670. 
 
 Admissibility for purpose of impeachment 
 in action for criminal assault on 
 woman of evidence that prosecuting 
 witness has made similar charges 
 against other persons. 41 L.R.A. 
 (N.S.) 216. 
 
 Husband or wife as witness against the 
 other in prosecution for. 2 L.R A 
 (N.S.) 862; L.R.A.1917E, 1133. 
 
 14. Damages for. 
 
 See DAMAGES, 52. 
 
 15. Punishment for. 
 
 Enforcing judgment for damages for, by 
 imprisonment. L.R.A.1915B, 646. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 569; L.R.A.1915C, 565. 
 
 ASSE31BLAGE. 
 
 Power of municipality to prevent gathering 
 or assembling of persons on street or 
 on sidewalk. 52 L.R.A. (N.S.) 999. 
 
 Begin with this book on every law question. 
 
 ASSEMBLY DISTRICTS. 
 
 Effect of ordinance of 1787 upon apportion- 
 ment of state into senatorial and assem- 
 bly districts. 52 L.R.A. (N.S.) 311. 
 
 ASSEMBLY HALL. 
 
 Power of municipality to construct. 26 
 L.R.A.(N.S.) 425. 
 
 ASSENT. 
 
 See CONSENT. 
 
 ASSESSMENT. 
 
 By building and loan association, see 
 BUILDING AND LOAN ASSOCIATION, 6. 
 
 Impairment of obligation of contracts as 
 to, see CONSTITUTIONAL LAW, 32. 
 
 Constitutionality of statutes as to, gener- 
 ally, see CONSTITUTIONAL LAW, 43. 
 
 Of corporate stockholders, see CORPORA- 
 TIONS, 109-111. 
 
 Of damages, see DAMAGES, 121. 
 
 As a taking of property, see EMINENT DO- 
 MAIN, 42. 
 
 Estoppel as to, see ESTOPPEL, 7, 19. 
 
 For insurance, see INSURANCE, 110-11S. 
 
 For drains and sewers, see DRAINS AND 
 SEWEES, 32-14. 
 
 For public improvements generally, see 
 PUBLIC IMPROVEMENTS, IV. 
 
 For taxation, see TAXES, IV. 
 
 ASSESSMENT COMPANY. 
 
 See INSURANCE, 12. 
 
 ASSESSMENT PLAN. 
 
 Measure of damages for wrongful cancela- 
 tion of policy issued on. 7 L.R.A. 
 (N.S.) 1363; L.R.A.1917E, 1035. 
 
 ASSESSMENT WORK. 
 On mining claim, see MINES, 16, 25. 
 
 ASSETS. 
 
 In case of assignment for creditors, see 
 ASSIGNMENT FOR CREDITORS. 10. 
 
 Of bankrupt, see BANKRUPTCY, ' 18-22. 
 
 Of decedent's estate, see EXECUTORS ANIV 
 ADMINISTRATORS, 30-32. 
 
 Of insolvent, see INSOLVENCY, 4.
 
 INDEX TO L.R.A. NOTES. 
 
 55 
 
 ASSETS cont'd 
 
 Distribution of assets of insolvent insur- 
 ance company, see INSURANCE, 16. 
 
 ASSIGNMENT. 
 
 1. Generally. 
 
 For creditors, see ASSIGNMENT FOE CRED- 
 ITOBS. 
 
 By bankrupt, see BANKRUPTCY, 13-17. 
 
 Of bank deposit, see BANKS, 13. 
 
 Of bills or notes, see BILLS AND NOTES, 
 26-42. 
 
 Of bill of lading, see BILLS OF LADING. 
 
 Of chattel mortgage, see CHATTEL MORT- 
 GAGE, 29. 
 
 Of check, see CHECKS, 6. 
 
 Of copyright, see COPYRIGHT, 6. 
 
 Of corporate stock, see CORPORATIONS, 
 82-95. 
 
 Of cotenant's interest, see COTENANCY, 
 11, 12. 
 
 Of easement, see EASEMENTS, 16. 
 
 Of expectancy, see EXPECTANCIES, 3. 
 
 Of franchise, see FRANCHISES, 4. 
 
 Of good will, see GOOD WILL, 2. 
 
 Of policy, or interest therein, see INSUR- 
 ANCE, VI. 
 
 Of judgment, see JUDGMENT, 78. 
 
 Of lease, see LANDLORD AND TENANT, 19, 
 36, 37. 
 
 Of mortgage on land, see MORTGAGE, V. 
 
 Of patent or patented article, see PATENTS, 
 14. 
 
 Of vendor's lien, see VENDOR AND PUB- 
 CHASER, 33. 
 
 Federal jurisdiction of action by assignee, 
 see COURTS, 41. 
 
 Fraudulent assignments, see FRAUDULENT 
 CONVEYANCES. 
 
 Effect of, on proper party to bring suit, see 
 PARTIES, 18. 
 
 Pledge of chattels, see PLEDGE AND COLLAT- 
 ERAL SECURITY. 
 
 Sale of chattels generally" see SALE. 
 
 Set-off of or against assigned claims, see 
 SET-OFF AND COUNTERCLAIM, 11, 14, 
 15, 20, 21, 23. 
 
 Of t'-ademark, see TRADEMARK, 4, 5. 
 
 Of tradename, see TRADENAME, 3. 
 
 Parol evidence to vary written assignment 
 in favor of or against a stranger to 
 the contract. L.R.A.1916A, 599, 610. 
 
 Transfer of right to use water for irriga 
 tion. 65 L.R.A. 407. 
 
 Of purchaser's interest under a conditional 
 sale. 40 L.R.A. (N.S.) 873. 
 
 Law governing assignment of claim for dam- 
 ages for death or bodily injury. 56 
 L.R.A. 223. 
 
 What amounts to a violation of covenant in 
 lease against. 14 L.R.A. (N.S.) 1200. 
 
 Right of one partner to acquire individual 
 claim against the other. 28 L.R.A. 
 (N.S.) 619. 
 
 Obligation of public corporation to pay for 
 services rendered under contract as- 
 signed to officer. 34 L.R.A. (N.S.) 140. 
 Consult also L.R.A. Digests of Cases. 
 
 ASSIGNMENT cont'd 
 
 Injunction against enforcement of betting 
 and gambling contracts in case of as- 
 signment. 48 L.R.A. 845. 
 
 Survival of primary, obligation on payment 
 by surety in case of assignment. 68 
 L.R.A. 552. 
 
 Provability of partnership debts in individ- 
 ual proceedings where partnership as- 
 sets have been assigned to bankrupt. 
 69 L.R.A. 777. 
 
 Necessity of, to surety's right of subroga- 
 tion to judgment against principal. 
 68 L.R.A. 572. 
 
 Effect of discharge in bankruptcy upon as- 
 signment of wages to be earned in the 
 future under contract terminable at 
 will. 14 L.R.A.(N.S.) 1025; 30 L.R.A. 
 (N.S.) 375; L.R.A.1916E, 248. 
 
 Effect of permitting assignor of a contract 
 to receive non-negotiable instrument is- 
 sued in payment thereof, to estop 
 assignee, as against a subsequent as- 
 signee of such instrument. 11 L.R.A. 
 (N.S.) 472. 
 
 Estoppel to set up original obligee's breach 
 of condition to make future advances 
 as against assignee of contract for 
 payment of money not protected by the 
 law merchant. 23 L.R.A. (N.S.) 178. 
 
 Effect upon lien of mortgage securing nego- 
 tiable instrument assigned before ma- 
 turity, of payment to payee without 
 knowledge of assignment. 41 L.R.A. 
 (N.S.) 462. 
 
 When may assignment executed with the 
 formalities of a will, but not couched 
 in formal testamentary phraseology, be 
 given effect as a will. 41 L.R.A. (N.S. ) 
 42. 
 
 Admissibility of declarations by assignor 
 made out of court as to his purpose in 
 making a transfer attacked as fraud- 
 ulent against creditors. 41 L.R.A. 
 (N.S.)' 1. 
 
 Competency of assignor of claim to testify 
 as to transactions with, or statements 
 by, deceased person when not expressly 
 excluded by terms of statute. 42 
 L.R.A. (N.S.) 316. 
 
 Federal courts following state decisions as 
 to construction and effect of state stat- 
 utes as to. 40 L.R.A.(N.S.) 431. 
 
 2. How made. 
 
 How -future crops assignable. 23 L.R.A. 
 449. 
 
 Manner of pledging or assigning book ac- 
 counts. 27 L.R.A.(N.S.) 666. 
 
 3. Assignability. 
 
 Of railroad ticket, see CARRIERS, 21, 148. 
 
 Forbidding transfer of license to operate 
 jitney bus. L.R.A.1918B, 916. 
 
 Assignment of future book accounts not 
 arising out of existing contract. L.R.A. 
 1918A, 126. 
 
 Of privilege to use streets for telegraph, 
 telephone or other quasi public pur- 
 pose. L.R.A.1917D, 707.
 
 INDEX TO L.R.A. NOTES. 
 
 ASSIGNMENT cont'd 
 
 Of right to set aside judgment. 15 L.R.A. 
 
 813. 
 
 Of trademark. 1 L.R.A. (N.S.) 704. 
 Of franchise of water company. 61 L.R.A. 
 
 98. 
 
 Of easement in gross. 14 L.R.A. 333. 
 Of right of entry for a condition broken. 
 
 60 L.R.A. 750. 
 Of insurance agent's right to commissions 
 
 on renewal 
 (N.S.) 193. 
 
 premiums. 18 L.R.A. 
 
 Right of debtor to assign exemption or 
 delegate to another the right to select 
 exempt property. 30 L.R.A.(N.S.) 982. 
 
 Of decree for alimony. 7 L.R.A. (N.S.) 179. 
 
 Of claim for penalty against national bank 
 taking usurious interest. 56 L.R.A. 
 695. 
 
 Assignability of cause of action for breach 
 
 of warranty on sale 
 L.R.A.(N.S.) 1114. 
 
 of chattel. 51 
 
 Of right to file bill in equity. L.R.A.1916E, 
 73. 
 
 4. of contract. 
 
 Of insurance policy, see INSURANCE, 
 
 120-129. 
 Contract of sale, see SALE. 40. 
 
 Of railroad ticket. 18 L.R.A. 55. 
 
 Of the right to a third person's services. 
 L.R.A.1917F, 842. 
 
 Of construction or building contracts which 
 contain no provision with reference 
 thereto. 21 L.R.A. (N.S.) 359. 
 
 Of executory contract to perform particu- 
 lar work, as distinguished from a con- 
 tract for personal services or contract 
 of sale. 23 L.R.A. (N.S.) 223. 
 
 Of contract to supply such quantity of 
 goods as purchaser may require in his 
 business. 2 B. R. C. 444. 
 
 Of contract hiring out convicts. 27 L.R.A. 
 608. 
 
 Right of agent to transfer his authority or 
 contract to a corporation organized by 
 him. L.R.A.1916F, 89. 
 
 Assignability of a subscription to stock or 
 contract to purchase stock from the 
 corporation. 43 L.R.A. (N.S.) 790. 
 
 Assignability of option to purchase prop- 
 erty. 43 L.R.A. (N.S.) 115. 
 
 5. of cause of action for tort. 
 
 Of cause of action for personal tort. 14 
 
 L.R.A. 512. 
 Of cause of action for personal injury. 44 
 
 L.R.A. 177. 
 Assignability of cause of action for death. 
 
 45 L.R.A.(N.S.) 1098. 
 
 Effect of statute declaring cause of action 
 for death survivable, to render it as- 
 signable. 27 L.R.A.(N.S.) 404. 
 
 6. of future earnings or interest. 
 
 Of expectancy, see EXPECTANCY, 3. 
 
 Of future wages, see MASTER AND SERVANT, 
 
 28. 
 Of salary by officer, see OFFICERS, 32. 
 
 Of future accounts. 14 L.R.A. 126. 
 
 7. of lien. 
 
 Of mechanics' lien. 13 L.R.A. 704. 
 
 ASSIGNMENT cont'd 
 
 8. Equitable assignment. 
 
 Liability of equitable assignee of leasehold 
 
 for rent. 14 L.R.A. 151. 
 Discharge of debt in bankruptcy as affecting 
 
 equitable assignment to secure same. 
 
 43 L.R.A.(N.S.) 404. 
 
 9. Validity. 
 
 Validity of assignment of policy, see INSUR- 
 ANCE, 122. 
 
 Of future wages or salary, see MASTER AXD 
 SERVANT, 28; OFFICERS, 32. 
 
 Application to usury laws to purported as- 
 
 signment of 
 1121. 
 
 accounts. L.R.A.1917E, 
 
 Validity of assignment of debt as affected 
 by nature of consideration, or by as- 
 signee's ulterior purpose. 5 B. R. C. 
 611. 
 
 Law governing validity of assignment of 
 property. 17 L.R.A. 84. 
 
 Validity of sale or assignment of expec- 
 tancy by prospective heir. 25 L.R.A. 
 (N.S.) 436. 
 
 Agreement to assign future inventions on 
 sale of patent. 2 L.R.A. (N.S.) 1094. 
 
 Reservation of surplus on assignment of 
 chose in action as security as a fraud 
 on other creditors. 36 L.R.A. (N.S.) 
 370. 
 
 Validity of oral agreement to assume or 
 assign land contract. 3 L.R.A. (N.S.) 
 147. 
 
 Applicability of statute of frauds to assign- 
 ment of purchaser's interest under land 
 contract. 19 L.R.A.(N.S.) 879. 
 
 Right of third person to take advantage of 
 
 champerty in assignment. 
 (N.S.) 512. 
 
 35 L.R.A. 
 
 Begin with this boote on every law question. 
 
 10. Validity of provision against as- 
 signment. 
 
 Validity of stipulation against assignment 
 in contract for payment of money. 21 
 L.R.A.(N.S.) 597. 
 
 Validity and effect of stipulation in con- 
 tract for sale of land against as- 
 signment by a vendee without ven- 
 dor's consent. 35 L.R.A. (N.S.) 
 1064. 
 
 Constitutionality of statute restricting 
 right to assign salary or wages. 28 
 L.R.A.(N.S.) 1108; 43 L.R.A. (N.S.) 
 746. 
 
 Forbidding transfer of license to operate 
 jitney bus. L.R.A.1918B, 916. 
 
 11. Effect of. 
 
 Of mortgage on land, see MORTGAGE, 48. 
 
 Undelivered written transfer or assignment 
 
 of property as a gift. 21 L.R.A.' 693. 
 Effect of assignment of oil and gas lease. 
 
 34 L.R.A. 62. 
 Assignor of promissorv note as an indorser. 
 
 36 L.R.A. 117. 
 Effect of transfer of check on time for 
 
 presentment. 10 L.R.A. (N.S.) 1153. 
 Effect of transfer of negotiable instrument 
 
 to secure monev for gambling purposes. 
 
 22 L.R.A.(N.S*.) 627.
 
 INDEX TO L.R.A. NOTES. 
 
 57 
 
 ASSIGNMENT cont'd 
 
 Effect of assignment of a claim ex delicto 
 to one against whom it was asserted, 
 to enable him to maintain an action 
 thereon against a third party. 7 
 L.R.A. (N.S.) 534. 
 
 Effect of assignment of unearned salary or 
 fees of public officer to put the same 
 when earned beyond the reach of cred- 
 itors. 31 L.R.A. (N.S.) 374. 
 
 Assignment of copyrighted story as carry- 
 ing exclusive right to dramatize it. 
 41 L.R.A. (N.S.) 1002. 
 
 Effect 'of assignment of surplus of gar- 
 nished fund, to defeat a subsequent 
 garnishment. 5 B. R. C. 450. 
 
 Garnishment of money due or to become 
 due under a contract the proceeds of 
 which have been assigned by the debt- 
 or prior to the garnishment. L.R.A. 
 1916D, 365. 
 
 Effect of assignment of security on right of 
 obligee to be subrogated to security 
 held by surety. L.R.A.1916C, 1082. 
 
 12. Rights and liabilities of parties; 
 notice. 
 
 On assignment of expectancy, see EXPECT- 
 ANCIES, 3. 
 
 Rights of assignee of mortgage, see MORT- 
 GAGE, 50. 
 
 Duty of life tenant's assignee to pay taxes. 
 32 L.R.A. 752. 
 
 Rights and liabilities of assignee of bill of 
 lading with draft attached, as against 
 consignee who does not get the goods 
 or finds them defective. 49 L.R.A. 679 : 
 1 L.E.A.(N.S.) 242; 18 L.R.A. (N.S.) 
 1221; 32 L.R.A.(N.S.) 1173; 52 L.R.A. 
 (N.S.) 241. 
 
 Enforcement by or against assignee of ob- 
 ligation to contribute to cost of party 
 wall. 66 L.R.A. 673. 
 
 Right of assignee of bona fide holder of 
 note, execution of which was procured 
 by fraud. 30 L.R.A. 441. 
 
 Transferee of chattels in satisfaction of pre- 
 existing debt, as a bona fide purchaser 
 as against original vendor, from whom 
 they were fraudulently obtained by 
 transferrer. 35 L.R.A. (N.S.) 1174. 
 
 Right of surety on contractor's bond as 
 against assignee of fund. L.R.A. 
 1918D, 736. 
 
 Where sureties have performed the con- 
 tract on abandonment by the con- 
 tractor. 14 L.R.A.(N.S.) 457; 
 L.R.A.1918A, 937. 
 
 Rights of laborers or materialmen in fund 
 for public Avork to insure payment of 
 their claims as against assignee of 
 fund. 37 L.R.A. (N.S.) 578. 
 
 Right of assignee in cliampertous assign- 
 ments to take advantage of champerty. 
 35 L.R.A. (N.S.) 516. 
 
 Liability of assignee for acts of independent 
 contractor. 66 L.R.A. 152. 
 
 On assignment of patent rights by em- 
 ployee. 5 L.R.A. (N.S.) 1180. 
 
 Consult also L.It. A. Digests of Cases. 
 
 ASSIGNMENT cont'd 
 
 Rights of purchasers from assignee of pat- 
 ent for limited territory to sell or use 
 free from restrictions affecting it in 
 hands of vendor. 55 L.R.A. 633. 
 
 Right of receiver to take property from pos- 
 session of assignee. 47 L.R.A. (N.S.) 749. 
 
 Effect on assignee of lessor or lessee of 
 contract exempting railroad company 
 from liability for burning building upon 
 its right of way. 44 L.R.A. (N.S.) 1131. 
 
 Revival of, or subrogation to, discharged 
 mortgage in favor of assignee of equity 
 of redemption who pays it as against 
 junior lien. 47 L.R.A.(N.S.) 1190. 
 
 Liability for rent of leasehold after assign- t 
 ment of lease. 14 L.R.A. 151; 52 
 L.R.A.(N.S.) 968. 
 
 Who may take advantage of failure to file 
 assignment of a building contract or 
 of the money due thereunder. L.R.A. 
 1917F, 1127. 
 
 Assignment of chose in action to one of the 
 parties liable thereon as affecting de- 
 fenses and equities as between the as- 
 signee and the other party. L.R.A. 
 1917F, 443. 
 
 Words of assignment as qualifying indorse- 
 ment. L.R.A.1917A, 1167. 
 
 13. Priorities. 
 
 Priority between assignees of mortgage, see 
 MORTGAGE, 51. 
 
 Priority of foreign assignment over subse- 
 quent domestic attachment. 17 L.R.A. 
 85. 
 
 Effect of assignment of surplus of gar- 
 nished fund to defeat a subsequent gar- 
 nishment. 5 B. R. C. 450. 
 
 Priority between one garnishing money due 
 or to become due under a contract and 
 an assignee of the proceeds of the con- 
 tract assigned prior to the garnish- 
 ment. L.R.A.1916D, 365. 
 
 Priority of garnishment over prior assign- 
 ment as affected by notice or lack of 
 notice. L.R.A.1916E, 81. 
 
 Right of first assignee of claim to recover 
 from the second assignee the amount 
 collected by latter on the claim. 30 
 L.R.A.(N.S.) 807. 
 
 14. priority rights of different as- 
 signees of fund in hands of third 
 person. 
 
 Priority of notice to trustee gives priority 
 
 of right. 66 L.R.A. 761. 
 Qui prior est tempore, potior est jure. 66 
 
 L.R.A. 774. 
 
 States in which both rules have been fol- 
 lowed. 66 L.R.A. 775. 
 Other cases. 66 L.R.A. 777. 
 When the contract assigned provides as to- 
 
 mode of assignment. 66 L.R.A. 777. 
 Priority of notes falling due at different 
 
 times secured by same mortgage. 24 
 
 L.R.A. 800. 
 
 15. Actions. 
 
 Effect of assignment on proper party to 
 bring suit, see PARTIES, 18.
 
 58 
 
 INDEX TO L.R.A. NOTES. 
 
 ASSIGNMENT qont'd 
 
 Assignment as ground of action. 36 L.R.A. 
 582; 47 L.R.A. (N.S.) 689. 
 
 Assignees of instalment notes as parties to 
 proceeding to enforce mortgage for 
 part of debt. 37 L.R.A. 742. 
 
 ASSIGNMENT FOR CREDITORS. 
 
 /. In general, 1-6. 
 II. What constitutes, 7. 
 
 III. E fleet of, 8-10. 
 
 IV. Jtights and duties of assignee, 
 
 11-13. 
 V. Validity, 14. 
 VI. Preferences and priorities, 
 
 15-17. 
 VII. Rights and duties of creditors, 
 
 18. 
 VIII. Rights against assignor, 19. 
 
 I. In general. 
 
 1. Generally. 
 
 For conflict of laws as to, and effect of, 
 foreign assignments, see CONFLICT OF 
 LAWS, 25. 
 
 As to bankruptcy, see BANKRUPTCY. 
 
 As to insolvency, generally, see INSOLVEN- 
 CY. 
 
 Liability for rent of premises occupied by 
 assignee, see LANDLORD AND TENANT, 
 86. 
 
 Liability to levy, of property in hands of 
 assignee, see LEVY AND SEIZURE, 7. 
 
 Effect of bankrupt law on assignment for 
 creditors under state laws. 45 L.R.A. 
 177. 
 
 Effect of re-entry by landlord after assign- 
 ment for creditors by tenant upon lat- 
 ter's liability for subsequent rent. 
 L.R.A.1917A, 208. 
 
 First and last davs in computing time in 
 matters of. 49 L.R.A. 240. 
 
 When limitations begin to run against bal- 
 ance of stock subscription in suit by 
 assignee for creditors. 1 L.R.A. (N.S.) 
 903. 
 
 Effect of assignee's possession of property 
 out of state on transfer by bankruptcy 
 
 or insolvency proceedings. 
 42. 
 
 23 L.R.A. 
 
 Preliminary injunction which would have 
 effect of transferring possession of 
 property from defendant to trustees. 
 39 L.R.A.(N.S.) 34. 
 
 Garnishment of claim to surplus under as- 
 signment for creditors. 59 L.R.A. 372. 
 
 Garnishable character of claim of creditor 
 in estate created by voluntary assign- 
 ment of debtor. L.R.A.1918F, 443. 
 
 Presumption as to time of alteration in. 
 39 L.R.A.(N.S.) 108. 
 
 2. By partnership. 
 
 Power of one partner to assign partnership 
 real estate for benefit of creditors. 28 
 L.R.A. 97. 
 
 3. As violation of covenant against 
 assignment. 
 
 General assignment for creditors .is. 14 
 L.R.A.(N.S.) 1202. 
 
 ASSIGNMENT FOR CREDITORS, I. 
 
 cont'd 
 
 I. Necessity of acceptance. 
 Assent and presumption. 24 L.R.A. 369. 
 Assent presumed. 24 L.R.A. 370. 
 
 Statutory presumption. 24 L.R.A. 373. 
 Extent of presumption. 24 L.R.A. 374. 
 Rebuttal of presumption. 24 L.R.A. 374. 
 Express assent. 24 L.R.A. 376. 
 Sufficiency of assent. 24 L.R.A. 378. 
 Time of assent. 24 L.R.A. 379. 
 Eflect of assent. 24 L.R.A. 379. 
 Effect of assignment. 24 L.R.A. 380. 
 The Massachusetts doctrine. 24 L.R.A. 381. 
 English decisions. 24 L.R.A. 384. 
 
 5. Schedule. 
 
 Sufficiency of. 3 
 109*. 
 
 L.R.A. 140*; 6 L.R.A. 
 
 Begin with this book on every law question. 
 
 6. Inventory. 
 
 Effect of failure to file on right to attach 
 property in hands of assignee. 26 
 L.R.A. 594. 
 
 II. What constitutes. 
 
 7. Generally. 
 
 Is a preference by mortgage or sale an as- 
 signment for creditors. 37 L.R.A. 337. 
 
 Conveyance or transfer to indemnify sure- 
 ties or indorsers as a voluntary as- 
 signment for creditors. 31 L.R.A. 
 (N.S.) 332. 
 
 III. Effect of. 
 
 8. Generally. 
 
 Interruption of running of limitations by, 
 see LIMITATION OF ACTIONS, 61. 
 
 Effect generally. 24 L.R.A. 380. 
 
 Effect of appointment of assignee of cor- 
 poration on compensation of officers, 
 agents, or employees for unexpired 
 term. 51 L.R.A. 146. 
 
 Effect of, on fire insurance. 15 L.R.A. 
 (N.S.) 827. 
 
 Assignment of judgment for benefit of cred- 
 itors as affecting attorney's lien there- 
 on. 37 L.R.A. (N.S.) 228. 
 
 Effect of foreign assignment on personal 
 property, where no rights of creditors 
 are involved. 17 L.R.A. (N.S.) 173. 
 
 To whom notice of protest or nonpayment 
 of bill or note should be given after 
 appointment of assignee. 61 L.R.A. 
 900. 
 
 9. On right of set-off. 
 
 Assignee's right of set-off in case of bank- 
 ruptcy. 55 L.R.A. 54. 
 
 Right of bank to set off unmatured claim 
 against deposit account of insolvent 
 debtor. 15 L.R.A. 710. 
 
 Effect of immaturity of claim at time in- 
 solvency occurs upon right of set-off. 
 17 L.R.A. 456. 
 
 Right to set off, against insolvent; claims 
 purchased after insolvency. 21 L.R.A. 
 280. 
 
 Right to set off insolvent's claim in hands 
 of assignee for creditors. 23 L.R.A. 
 313.
 
 INDEX TO L.R.A. NOTES. 
 
 59 
 
 ASSIGNMENT FOR CREDITORS, III. 
 
 cont'd 
 10. AVhat passes by; assets. 
 
 Transfer of trademark by, see TRADEMARK, 
 
 Transfer of property out of state by. 23 
 
 L.R.A. 33; 65 L.R.A. 353. 
 Whether cause of action for personal in- 
 
 juries passes to assignee. 44 L.R.A. 
 
 180. 
 KHVct of assignment by husband upon wife's 
 
 right of dower. 18 L.R.A. 77. 
 "Will right of action for malicious attach- 
 
 ment of property pass to trustee in 
 
 bankruptcy or assignee for creditors. 
 '21 L.R.A. (N.S.) 727. 
 Land charged with the payment of a leg- 
 
 acy. 30 L.R.A. (N.S.) 822. 
 Life insurance as assets of bankrupt. 50 
 
 L.R.A. 33; 46 L.R.A. (N.S.) 148. 
 Option to receive cash-surrender value or 
 
 policy having a cash-surrender value 
 
 as an asset passing to assignee for 
 
 creditors. 16 L.R.A. (N.S.) 318. 
 
 IV. RigJits and duties of assignee. 
 
 11. Generally. 
 
 Right of assignee for creditors to notice 
 
 to redeem from tax sale. 44 L.R.A. 
 
 (N.S.) 668. 
 Right of lessor as against assignee for cred- 
 
 itors of lessee to declare forfeiture for 
 
 breach of conditions or covenants prior 
 
 to appointment. L.R.A.1915B, 998. 
 "Right of assignee for creditors to compro- 
 
 mise claims. 23 L.R.A. 578. 
 Power to accept notice of protest. 61 
 
 L.R.A. 900. 
 Liability for rent of premises occupied by 
 
 receiver or assignee for creditors. 59 
 
 L.R.A. 673. 
 Right of assignee for creditors to question 
 
 validity of attachment. 35 L.R.A. 776. 
 Right of assignee to have judgment against 
 
 assignor set aside. 54 L.R.A. 762. 
 Hight of assignee for creditors to complain 
 
 of failure to record contract of condi- 
 
 tional sale. L.R.A.1917C, 442. 
 Right of assignee for creditors of purchaser 
 
 of goods sold for cash but delivered 
 
 without payment. 13 L.R.A.(N.S.) 
 
 704. 
 Right of assignor to complain of sale made 
 
 by assignee for creditors. 19 L.R.A. 
 
 (N.S.) 682. 
 Right of seller to reclaim goods as against 
 
 assignee for creditors of buyer, who 
 
 procured them by false representations. 
 
 17 L.R.A.(N.S.) 1032. 
 
 12. Actions by assignee. 
 To enforce stockholders' liability, see COR- 
 PORATIONS, 116a. 
 
 Assignee for creditors as real party in in- 
 
 terest by whom action must be brought. 
 
 64 L.R.A. 610. 
 Right of assignee to sue in other state. 23 
 
 L.R.A. 42. 
 Right of assignee for creditors to maintain 
 
 partition. 20 L.R.A. (N.S.) 105. 
 Consult also L.R.A. Digests of Cases. 
 
 ASSIGNMENT FOR CREDITORS, IV. 
 cont'd 
 
 Injunction in favor of assignee for credit- 
 ors to prevent execution sale. 30 
 L.R.A. 124. 
 
 Collection of notes by assignee of creditors 
 of mutual fire insurance company. 32 
 L.R.A. 486. 
 
 Right of assignee to recover statutory 
 added liability of corporate sharehold- 
 er. 31 L.R.A.(N.S.) 365. 
 
 Right of assignee to enforce stockholder's 
 liability outside state of incorporation 
 33 L.R.A. (N.S.) 897. 
 
 13. Bond of assignee. 
 
 Effect upon surety on bond of assignee, of 
 judgment against principal. 40 L.R.A. 
 (N.S.) 720. 
 
 V. Validity. 
 
 14. Generally. 
 
 Law governing validity. 17 L.R.A. 84. 
 
 Necessity of participation of assignee or 
 beneficiaries in fraud of assignor to 
 invalidate assignment. 32 L.R.A. 44. 
 
 Admissibility of declarations by assignor 
 made out of court as to his purpose in 
 making the assignment attacked as 
 fraudulent as against creditors. 41 
 L.R.A.(N.S.) 1. 
 
 14a. Effect of provision for release. 
 
 The rule in general. 50 L.R.A. (N.S.) 715. 
 As a condition of preference. 50 L.R.A. 
 
 (N.S.) 730. 
 Release given prior to or with assignment. 
 
 50 L.R.A.(N.S.) 733. 
 Assignment of part only of property. 50 
 
 L.R.A. (N.S.) 734. 
 Effect of debtor's relinquishment of benefit 
 
 of release clause of execution of new 
 
 assignment. 50 L.R.A. (N.S.) 743. 
 Time for assent and execution of release. 
 
 50 L.R.A.(N.S.) 744. 
 Construction of particular provisions of 
 
 assignments or of statutes. 50 L.R.A. 
 
 (N.S.) 746. 
 
 VI. Preferences and priorities. 
 
 15. Preferences by debtor. 
 
 Preferences by insolvent generally, see IN- 
 SOLVENCY, 3. 
 
 Right of insolvent debtor to make prefer- 
 ences, generally. 11 L.R.A. 466. 
 
 Assignment with preferences. 6 L.R.A. 
 571; 12 L.R.A. 808. 
 
 In case of partnership assignment. 10 
 L.R.A. 523. 
 
 Necessity of naming preferred creditors in 
 an assignment. 8 L.R.A. 693. 
 
 Preference by mortgage or sale as an as- 
 signment. 37 L.R.A. 337. 
 
 Law determining validity of preference. 
 65 L.R.A. 360; L.R.A.1916A, 1041. 
 
 Law determining validity of discrimination 
 between residents and nonresidents. 65 
 L.R.A. 354.
 
 60 
 
 INDEX TO L.R.A. NOTES. 
 
 ASSIGNMENT FOR CREDITORS, VI. 
 cont'd 
 
 16. E fleet of preferring usurious 
 debt tn assignment. 
 
 General doctrine. 41 L.R.A. 707. 
 
 Deed of assignment rendered void. 41 
 L.R.A. 708. 
 
 Preference of actual debt sustained, but 
 usury rejected. 41 L.R.A. 709. . 
 
 Preference of usurious debt sustained gen- 
 erally. 41 L.R.A. 710. 
 
 Wlio may, and who may not, urge the usu- 
 rious character of the debt preferred. 
 41 L.R.A. 711. 
 
 17. Claims entitled to priority. 
 
 Against insolvent estate generally, see IN- 
 SOLVENCY, 6-8. 
 
 Of claims of laborers. 18 L.R.A. 305. 
 
 Deposit by broker or factor to his own 
 account of proceeds of sale of custom- 
 er's stock or property as creating a 
 trust entitled to a preference. 27 
 L.R.A.(N.S.) 808. 
 
 Priority of foreign attachment over for- 
 eign assignment for creditors. 17 
 L.R.A. 88. 
 
 Sufficiency of assignment to confer priority 
 on claim of United States. 29 L.R.A. 
 232. 
 
 VII. 'Rights and duties of creditors. 
 
 18. Generally. 
 
 Garnishable character of claim of creditor 
 in estate created by voluntary assign- 
 ment of debtor. L.R.A.1918F* 443. 
 
 Attachment of property in hands of as- 
 signee for creditors. 26 L.R.A. 593. 
 
 When creditor has successfully assailed as- 
 signment or deed of trust. 54 L.R.A. 
 343. 
 
 Right of creditor to participate under as- 
 signment or deed of trust for the bene- 
 fit of creditors which he has repudiated. 
 54 L.R.A. 343. 
 
 When creditor's attack on assignment or 
 deed of trust has failed. 54 L.R.A. 
 345. 
 
 When creditor's attack on assignment or 
 deed of trust is still pending and unde- 
 termined. 54 L.R.A. 350. 
 
 Right of simple contract creditor to the 
 appointment of a receiver of the prop- 
 erty of his debtor where the assignee 
 to whom the debtor has made an assign- 
 ment is insolvent. L.R.A. 1918C, 638. 
 
 Treatment of collateral held by creditor. 
 L.R.A.1918B, 3024. 
 
 When may local venue for suit against as- 
 signee for benefit of creditors joined 
 with suit against debtor, be disregard- 
 ed upon the ground that the action is 
 ancillary or incidental. L.R.A. 1916D, 
 1135. 
 
 VIII. Rights against assignor. 
 19. Generally. 
 
 Right to maintain action to recover prop- 
 erty in specie against one who has 
 made an assignment for his creditors. 
 18 L.R.A. (N.S.) 1272. 
 
 Fraudulent assignment for creditors as 
 
 ASSIGNMENT OF ERROR. 
 
 On appeal, see APPEAL AND ERROR, 23b r 
 23c. 
 
 As part of record on writ of error to state 
 court from United States Supreme 
 Court. 63 L.R.A. 333. 
 
 ASSIGNMENT WITHOUT RECOURSE, 
 
 Effect of, on right of set-off against as- 
 signee of commercial paper. 23 L.R.A. 
 331. 
 
 ASSISTANCE. 
 
 To passenger, see CARRIERS, 68. 
 
 Issuance of writ of assistance to put pur- 
 chaser at execution sale in possession. 
 52 L.R.A.(N.S.) 697. 
 
 ASSISTANTS. 
 
 To prosecuting attorney, see DISTRICT AND. 
 
 PROSECUTING ATTORNEY, 2. 
 See also DEPUTY. 
 
 Implied power of municipality to create 
 office of assistant to incumbent to 
 office which is expressly authorized. 
 26 L.R.A. (N.S.) 660. 
 
 Does privilege as to communication or in- 
 formation acquired by physician extend 
 to assistant physician. 16 L.R.A. 
 (N.S.) 887; L.R.A.1915F, 891 . 
 
 Improper influence or interference with 
 grand jury by assistant prosecutors. 
 28 L.R.A. 370. 
 
 ASSISTING. 
 
 Criminal responsibility for assisting in 
 
 crime, see CRIMINAL LAW, 25. 
 To assisting voter, see ELECTIONS, 14a. 
 
 In preparing ballots rendered by unauthor- 
 ized person as aifecting their validity. 
 29 L.R.A.(N.S.) 1170. 
 
 Effect of assisting physically in creation of 
 condition, on right to recover for dam- 
 ages to property caused thereby. 42 
 L.R.A. (N.S.) 709. 
 
 ASSOCIATE. 
 
 1. Generally. 
 
 Proof of one's intent by his associate. 23 
 
 L.R.A. (N.S.) 401. 
 Liability of physician or surgeon for acts 
 
 _ A f\ T T A / XT ft \ * r f 
 
 ground of attachment. 30 L.R.A. 480. ' of.' 42 L.R.A. (N.S.) 785. 
 Begin with this boofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 61 
 
 ASSOCIATE cont'd 
 
 2. Associate counsel. 
 
 Attorney's right to withdraw from suit be- 
 cause of employment of associate coun- 
 sel. 35 L.R.A'(N.S.) 962. 
 
 Attorney's implied power to employ asso- 
 ciate counsel. 23 L.R.A.(N.S.) 705. 
 
 Right of accused to complain because prose- 
 cution is conducted or assisted by un- 
 official member of bar. 24 L.R.A. 
 (N.S.) 564; 47 L.R.A.(N.S.) 1106. 
 
 ASSOCIATE COUNSEL. 
 
 See ASSOCIATE, 2. 
 
 ASSOCIATIONS. 
 
 1. Generally. 
 
 Bar associations, see BAB ASSOCIATIONS. 
 
 Benevolent associations, see BENEVOLENT 
 SOCIETIES. 
 
 For purpose of insurance, see INSURANCE, 
 If. 
 
 Patriotic societies, see PATRIOTIC SOCIETY. 
 
 Relig ous societies, see RELIGIOUS SOCIE- 
 TIES. 
 
 As to clubs, see CLUBS. 
 
 Labor organizations, see CONSPIRACY, 4- 
 8; LABOR ORGANIZATIONS. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 45. 
 
 Validity of contracts with or as to, see 
 CONTRACTS, 93-96. 
 
 Jurisdiction over, see COURTS, 11, 12. 
 
 Restriction on power to take under will, 
 see WILLS, 72, 73. 
 
 Effect of agreement to share profits to 
 create. 18 L.R.A.(N.S.) 1093. 
 
 Unincorporated, right of action against. 
 2 L.R.A. (N.S.) 789. 
 
 Failure to account for funds of, as theft, 
 larceny, or embezzlement. 31 L.R.A. 
 (N.S.) 823. 
 
 Liability of corporation formed by associa- 
 tion for debts of old concern in absence 
 of express assumption or fraud. 29 
 L.R.A.(N.S.) 589. 
 
 Taxation of capital stock of. 58 L.R.A. 
 526. 
 
 Restrictions on insurance by unincorporat- 
 ed associations. 25 L.R.A. 238. 
 
 Conclusiveness of decisions of tribunals of. 
 49 L.R.A. 353; 2 L.R.A. (N.S.) 672. 
 
 Relationship to private corporation or as- 
 sociation for profit which will dis- 
 qualify juror. 40 L.R.A. (N.S.) 973, 
 978. 
 
 Right of benevolent, fraternal, or social 
 order to protection against use of 
 name, insignia, ritual, etc., by an- 
 other organization. L.R.A.1915B, 
 1074. 
 
 2. As trustee or beneficiary of char- 
 ity. 
 
 As trustee of charitable bequest. 32 L.R.A. 
 
 630: 14 L.R.A. (N.S.) 114. 
 Consult also L.R.A. Digests of Cases. 
 
 ASSOCIATIONS cont'd 
 
 As beneficiary of charitable bequest. 14 
 
 L.R.A. (N.S.) 142; 37 L.R.A. (N.S.) 
 
 1019. 
 Validity of gift to unincorporated charity. 
 
 32 L.R.A. 625. 
 Effect of subsequent incorporation to make 
 
 valid gift to an unincorporated asso- 
 
 ciation. 14 L.R.A. 410. 
 
 3. Members. 
 
 In benevolent society, see BENEVOLENT SO- 
 CIETIES, 3; INSURANCE, 105. 
 
 Members of club, see CLUBS, 2. 
 
 Of religious societies, see RELIGIOUS SO- 
 CIETIES, 11-13. 
 
 Infant as member of co-operative insurance 
 
 company. 17 L.R.A. 547. 
 Relations and rights of syndicate members. 
 
 40 L.R.A. 216. 
 Membership in association as condition of 
 
 right to transact particular kind of 
 
 business. 6 L.R.A.(N.S.) 433. 
 Forbidding student's affiliations with se- 
 
 cret society. 7 L.R.A. (N.S.) 352; 
 
 L.R.A.1915D, 588. 
 Liability of members of mutual fire insur- 
 
 ance companies. 32 L.R.A. 481. 
 Qualified privilege of communication be- 
 
 tween members of association or pri- 
 
 vate corporation. 26 L.R.A. (N.S.) 
 
 1080. 
 Right to prohibit wearing of badge by non- 
 
 member. 24 L.R.A. (N.S.) 795. 
 Acquittal in criminal court as bar to ex- 
 
 pulsion of member of association for 
 
 same acts. 50 L.R.A.(N.S.) 579. 
 Wrongful expulsion or violation of property 
 
 rights of member as ground for disso- 
 
 lution of association. L.R.A.1918B, 
 
 310. 
 
 ASSUMED NAME. 
 
 See NAME, 8. 
 
 - 4-*-* - 
 ASSUMPSIT. 
 
 7. In general, 1. 
 
 II. Recovery "back of money paid, 2- 
 10. 
 
 I. In general. 
 
 1. Generally. 
 
 Election to sue in, see ELECTION OF REME- 
 
 DIES, 3. 
 Right to sue on contract with third per- 
 
 son generally, see PARTIES, 12-17. 
 
 Necessity of pleading statute of frauds in 
 
 action of assumpsit. 49 L.R.A. (N.S.) 
 
 43. 
 Sufficiency of common counts under the 
 
 Code. 34 L.R.A.(N.S.) 364. 
 Admissibility of proof that money or prop- 
 
 erty was obtained by fraud, under the 
 
 common-law count for money had and 
 
 received. L.R.A.1918F, 439. 
 On contract with third person. 25 L.R.A. 
 
 262. 
 On partly performed contract for services. 
 
 24 L.R.A. 233.
 
 62 
 
 INDEX TO L.R.A. NOTES. 
 
 ASSUMPSIT, I. cont'd 
 
 For repairs and improvements. 29 L.R.A. 
 452, 459. 
 
 Against cotenant for use and occupation or 
 rents and profits. 28 L.R.A. 844; 29 
 L.R.A.(N.S.) 231. 
 
 By administrator dc bonis non for money 
 and balance due from predecessor. 40 
 L.R.A. 73, 74. 
 
 Recital of money consideration in deed as 
 contractual in action of. 68 L.R.A. 
 926. 
 
 Effect of admission to change burden of 
 proof and right to open and close. 61 
 L.R.A. 534, 540. 
 
 Right of one whose property has been tak- 
 en for public use without his consent 
 and without condemnation proceedings 
 to maintain action for compensation. 
 28 L.R.A.(N.S.) 968. 
 
 Right of party to ultra vires contract of 
 corporation to maintain action for 
 money had and received. L.R.A.1917A, 
 1028. 
 
 Action for money had and received by true 
 owner of a check against the drawee 
 bank which has paid it on a forged in- 
 dorsement. L.R.A.1918C, 614. 
 
 Action for money had and received as 
 proper remedy to recover damages for 
 breach of contract. L.R.A.1918E, 781. 
 
 Right of mortgagor or owner of equity of 
 redemption to maintain action for 
 money had and received for sur- 
 plus received by mortgagee on sale 
 of property. -44 L.R.A. (N.S.) 1041. 
 
 Against guardian after termination of 
 guardianship, but before settlement of 
 account. 26 L.R.A. (N.S.) 789. 
 
 //. Recovery bae7c of money paid. 
 
 2. Generally. 
 
 Recovery back of money paid out bv bank, 
 see BANKS, 28, 29. 
 
 Recovery back of payments made on bills 
 or notes, see BILLS AND NOTES, 73. 
 
 Recovery back of over payment of debts due 
 by decedent's estate, see EXECUTORS 
 AND ADMINISTRATORS, 46. 
 
 Recovery Imck of insurance premiums or as- 
 sessments, see INSURANCE, 116-118. 
 
 Money paid on judgment, see JUDGMENT, 
 77. , 
 
 Protest as condition, see PROTEST, 3. 
 
 Recovery back of purchase money, see PUR- 
 CHASE MONEY, 4; SALE, 47, 52; 
 VENDOR AND PURCHASER, 14. 
 
 Assumpsit not prosecuted to judgment as 
 a conclusive election of remedies, 
 L.R.A.1917D, 658. 
 
 Right in absence of statutory provision 
 therefor to recover back usurious pay- 
 ments. L.R.A.1918B, 585. 
 
 Recovery back of premiums or assessments 
 paid after insured's death or disappear- 
 ance. L.R.A.1918D, 1188. 
 
 Recovery back of money paid on rescission 
 or abandonment of contract. 30 L.R.A. 
 50. 
 
 Money paid to a corporation in expectation 
 of receiving corporate stock which is 
 never issued. L.R.A.1918E, 7f)4. 
 
 Right to recover back tax voluntarily re- 
 funded. 4r, L.R.A. (N.S.) 753. 
 
 tteffin tritli tin'* booh on evert/ law question. 
 
 ASSUMPSIT, II. cont'd 
 
 Destruction of premises as affecting rent 
 paid or payable in advance. 33 L.R.A. 
 (N.S.) 540. 
 
 Liability of creditor who accepts as pay- 
 ment from debtor, check of third per- 
 son which has been wrongfully pro- 
 cured by debtor. 13 L.R.A. (N.S.) 273. 
 
 Drawee's right to recover money paid on 
 forged check or draft. 10 L.R.A. (N.S.) 
 49; 25 L.R.A.(N.S.) 1308; 29 L.R.A. 
 (N.S.) 100. 
 
 Right of drawer of forged check or draft to 
 recover money paid thereon. L.R.A. 
 1915A, 77. 
 
 Recovery back of money paid under con- 
 tract to' a foreign corporation which 
 had not complied with conditions of 
 doing business in the state. 38 L.R.A. 
 (N.S.) 210. 
 
 Right of first assignee of claim to recover 
 from second assignee the amount col- 
 lected by latter on the claim. 30 
 L.R.A. (N.S.) 807. 
 
 Right of purchaser to compel return of ad- 
 vance payment on resale by vendor 
 after purchaser's default. 35 L.R.A. 
 (N.S.) 532. 
 
 Admissibility of books of account to show 
 money paid out. 52 L.R.A. 703. 
 
 3. For money paid under mistake. 
 
 Recovery back of payment made in igno- 
 rance of insolvency, see INSOLVENCY, 
 2. 
 
 Right to recover back money paid under a 
 mistake, where the money was legally 
 collectable at the time of payment. 
 L.R.A.1916F, 538. 
 
 Right to recover back overpayment made 
 in ignorance or forgetfulness of pre- 
 vious payments. 24 L.R.A. (N.S.) 517. 
 
 Right of insurance company to recover back 
 money paid in settlement of policy o i 
 life of one erroneously supposed to be 
 dead. 11 L.R.A. (N.S.) 234. 
 
 Right of agent to recover money erroneous- 
 ly paid to third person. 4 L.R.A. 
 (N.S.) 363. 
 
 Right of bank to recover amount paid on 
 check or other paper drawn upon it 
 or. payable at it Tinder mistaken belief 
 that there were sufficient funds to 
 meet it. 23 L.R.A. (N.S.) 1092; 33 
 L.R.A.(N.S.) 1023: L.R.A.1918F, 811. 
 
 Right to recover payment made to third 
 person under a mistake as to the valid- 
 ity of the obligation of the payer to 
 the party in whose behalf it was made. 
 L.R.A.1918C, 177. 
 
 Alteration of position by payee as affecting 
 right to recover back money paid under 
 mistake. L.R.A.1917E, 349. 
 
 When limitations begin to run against ac- 
 tion to recover money paid by mistake. 
 11 L.R.A.(N.S.) 1191. 
 
 Right to recover back license fee volunta- 
 rily paid under mistake of law. 22 
 L.R.A.(N.S.) 863; 49 L.R.A. (N.S.) 387. 
 
 4. For money paid under compul- 
 sion. 
 
 Right to recover back money paid to sup- 
 press a threatened prosecution for a 
 crime. L.R.A.1918C, 73.
 
 INDEX TO L.R.A. NOTES. 
 
 63 
 
 ASSUMPSIT, II. cont'd 
 
 Recovery of money paid to labor union to 
 avoid boycott. 4 L.R.A. (N.S.) 1198. 
 
 Recovery by member of labor union of un- 
 lawful fine paid under duress. 45 
 L.R.A. (N.S.) 355. 
 
 Right to recover back amount deposited 
 for release of person illegally detained. 
 2 L.R.A. (N.S.) 563. 
 
 Right of purchaser to recover amount paid 
 to relieve land from tax from one who 
 should have paid the same but with 
 whom he had no contractual relation- 
 ship. 22 L.R.A. (N.S.) 562. 
 
 Money paid under duress of real property 
 L.R.A. 1915B, 498. 
 
 Right to recover back license fee unlawful- 
 ly enacted under color of authority. 
 22 L.R.A. (N.S.) 862; 49 L.R.A. (N.S.) 
 387. 
 
 5. In case of fraud. 
 
 See FRAUD AND DECEIT, 39. 
 
 6. Recovery from agent or attorney. 
 
 Against one who, without authority, as- 
 sumes to contract as agent for another. 
 34 L.R.A. (N.S.) 535. 
 
 Right to recover from agent money paid 
 him for his principal. 23 L.R.A. 
 (N.S.) 553. 
 
 Right of principal to recover from broker 
 or other agent commissions which lat- 
 ter received from other party to the 
 contract. 28 L.R.A. (N.S.) 952. 
 
 Liability of auctioneer or clerk of auction 
 for' return of money. 35 L.R.A. (N.S.) 
 481. 
 
 Rig] it of third person to recover from agent 
 money paid him for his principal. 
 L.R.A.1916D, 1041. 
 
 When limitations begin to run against ac- 
 tion to recover money collected by 
 agent. 17 L.R.A. (N.S.) 660. 
 
 WH'ii limitations begin to run against ac- 
 tion to recover money collected by at- 
 torney. 17 L.R.A. (N.S.) 667; -51 
 L.R.A. (N.S.) 279. 
 
 7. Recovery from public service cor- 
 poration. 
 
 Recovery back of overcharge for water, see 
 WATERS, 123. 
 
 Recovery back of excessive payments to 
 
 public service corporation. 18 L.R.A. 
 
 (N.S.) 124. 
 Right of shipper to recover back charge in 
 
 excess of contract rate. 38 L.R.A. 
 
 (N.S.) 353. 
 
 8. Recovery from public or officer. 
 
 Recovery back of compensation paid to pub- 
 lic officer, see OFFICERS, 36. 
 
 Recovery back of taxes paid, see TAXES, 
 86/87. 
 
 Right to withdraw bid for public contract 
 
 and recover deposit. L.R.A.1915A, 225. 
 
 To recover back money paid for. drains 
 
 and sewc-rs. 60 L.R.A. 248. 
 Consult ftlxo L.R.A. Dif/ests of Cases. 
 
 ASSUMPSIT, II. cont'd 
 
 Recovery of money loaned a county on in- 
 valid contract to pay its indebtedness. 
 15 L.R.A. (N.S.) 567. 
 
 Claim against state for money paid. 42 
 L.R.A. 69. 
 
 Recovery of fees exacted by public officer 
 for performing act for which he was 
 not authorized to demand compensa- 
 tion. 15 L.R.A. (N.S.) 183. 
 
 9. license fees. 
 
 Fee for liquor license, see INTOXICATING 
 LIQUORS, 16. 
 
 Recovery back of license fee paid for use of 
 streets by vehicles. 36 L.R.A. 416. 
 
 Right to recover back license fee unlaw- 
 fully exacted under color of au- 
 thority. 22 L.R.A. (N.S.) 862; 49 
 L.R.A. (N.S.) 387. 
 
 Voluntariness of payment of license fee 
 unlawfully exacted under color of 
 authority. 22 L.R.A. (N.S.) 872. 
 
 10. Recovery by public. 
 
 Right of municipal corporation to recover 
 back money paid out in violation of 
 the Constitution. 13 L.R.A. (N.S.) 157. 
 
 Right to recover back public money appro- 
 priated to sectarian institution. 19 
 L.R.A.(N.S.) 171. 
 
 ASSUMPTION OF DEBTS. 
 
 Of mortgage, see MOBTG \GE, 40-46. 
 
 By partnership of individual debts of part- 
 ners, see PARTNERSHIP, 13. 
 
 On dissolution of partnership, see PART- 
 NERSHIP, 37. 
 
 Assumption of other debts by grantee ae 
 participation in debtor's fraudulent in- 
 tent. 31 L.R.A. 621. 
 
 By purchaser from insolvent debtor. 32 
 L.R.A. 66. 
 
 Right of creditor after promisor's bank- 
 ruptcy to adopt and enforce his as- 
 sumption of another's debt. 39 L.R.A. 
 (N.S.) 874. 
 
 Assumption by grantee of obligation to 
 contribute to cost of party wall. 66 
 L.R.A. 701. 
 
 By agent as payment. 17 L.R.A. (N.S.) 
 607. 
 
 Right of creditor after promisor's bank- 
 ruptcy to adopt and enforce his as- 
 sumption of another's debt. . 39 L.R.A. 
 (N.S.) 874. 
 
 Parol evidence to show that grantee of deed 
 assumed existing liens. 25 L.R.A. 
 (N.S.) 1202. 
 
 Relief from mistake of law as to assump- 
 tion of encumbrance. 28 L.R.A. (N.S. ) 
 819. 
 
 Effect of assumption of obligation before 
 notice of defective title to sustain bona 
 fide character of purchaser of realty. 
 7 L.R.A. (N.S.) 1020. 
 
 Of predecessor, by consolidated railroad 
 company. 23 L.R.A, 231.
 
 64 
 
 INDEX TO L.R.A. NOTES. 
 
 ASSUMPTION OF DEBTS cont'd 
 Wliat unsecured claims are covered by ex- 
 press assumption by one corporation 
 of indebtedness of anotber on consoli- 
 dation, merger, or absorption. 20 
 L.R.A.(N.S.) 1101. 
 
 Right of one who purchases 'property and 
 agrees to assume the debts of the vend- 
 or to claim exemption as to property 
 purchased. L.R.A.1918D, 885. 
 
 ASSUMPTION OF RISK. 
 
 By passenger, see CARRIERS, 84a, 85. 
 
 By infant, see INFANTS, 41. 
 
 By servant, see MASTER AND SERVANT, 
 
 III. b. 
 Of safety of wharf or dock. 61 L.R.A. 955. 
 
 ASTROLOGY. 
 
 Prohibition of fortune telling by. 43 L.R.A. 
 (N.S.) 203. 
 
 ASYLUM. 
 
 For insane, see INSANE ASYLUM. 
 Soe also EXTRADITION. 
 
 ATHLETIC PERFORMANCES. 
 
 Homicide while engaged in. 63 L.R.A. 383. 
 
 ATTACHMENT. 
 
 I. In general, 1. 
 II. When lies, 2-6. 
 III. Effect; lien; priority, 7-9. 
 IV. Procedure, 1O-2O. 
 
 I. In general. 
 
 1. Generally. 
 
 Levy of, see LEVY AND SEIZURE. 
 
 Liability for wrongful attachment, see 
 
 ABUSE OF PROCESS ; LEVY AND SEIZURE, 
 
 10-15; MALICIOUS PROSECUTION. 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 40. 
 As condition precedent to equitable remedy 
 
 of creditors, see CREDITORS' BILL, 2. 
 Property subject to levy, see LEVY AND 
 
 SEIZURE, 2-7. 
 
 Exemption from, see EXEMPTIONS, II. 
 As to garnishment, see GARNISHMENT. 
 
 When statute begins to run against action 
 by private person based on breach of 
 duty by public officer in connection 
 with attachment. 52 L.R.A.(N.S.) 707. 
 
 Corporations as persons under laws relat- 
 ing to attachment. 19 L.R.A. 224. 
 
 Heg\n ivith this ItooJc on every law question. 
 
 ATTACHMENT, I. ont'd 
 
 Notice sufficient to put purchaser pending, 
 on inquiry as to vendor's fraudulent 
 intent. 32 L.R.A. 61. 
 
 Availability of defense of, to maker against 
 transferee after maturity. 46 L.R.A. 
 778. 
 
 First and last days in computing time on. 
 49 L.R.A. 223. 
 
 Failure to comply with surety's demand to 
 attach property of the debtor. L.R.A. 
 1918C, 51. 
 
 Release of indorser of note by failure to 
 take out attachment against maker. 
 18 L.R.A. (N.S.) 550. 
 
 Appointment of receiver to preserve status 
 quo pending attachment proceedings. 
 38 L.R.A.(N.S.) 232. 
 
 Does the right to attach property fraudu- 
 lently conveyed start the statute of 
 limitations as against the right to file 
 a creditors' bill. 2 L.R.A. (N.S.) 988. 
 
 Foreign attachment as condition precedent 
 to equitable remedy against debtor. 23 
 L.R.A. (N.S.) 121. 
 
 Liability of officer's bond for failure to re- 
 turn money deposited to avoid execu- 
 tion of writ. 39 L.R.A.(N.S.) 577. 
 
 Liability of judicial officer for issuing. 44 
 L.R.A.(N.S.) 172. 
 
 Against state oflicer, as suit against the 
 state. 44 L.R.A. (N.S.) 218. 
 
 Federal courts following state decisions as 
 to construction and effect of attach- 
 ment laws. 40 L.R.A. (N.S.) 436. 
 
 Loss of profits as element of damages for 
 wrongful attachment. 46 L.R.A. (N.S.) 
 470. 
 
 II. When lies. 
 
 2. Generally. 
 
 Right to attachment or order of arrest in 
 breach of promise case. 59 L.R.A. 954. 
 
 3. Against whom generally. 
 Against firm or partner, see PARTNERSHIP, 
 11. 
 
 Against one having legal title to land in 
 name of another. 22 L.R.A. 258. 
 
 Against executor or administrator. 47 
 L.R.A. 356. 
 
 Against stakeholder or depositary of funds 
 to lie held in connection with an il- 
 legal transaction. L.R.A.1918F, 972. 
 
 Right of creditor, who is also a stockholder 
 of an insolvent corporation, to -attach 
 property of corporation, as affected by 
 his own statutory liability. 41 L.R.A. 
 (N.S.) 987. 
 
 4. In case of non residence. 
 
 Attachment proceeding against alien enemy. 
 
 5 B. R. C. 597; L.R.A.1918B, 198. 
 What is nonresidence for the purpose of 
 
 attachment. 19 L.R.A. 665; L.R.A. 
 
 191 5 A, 400. 
 
 When does nonresidence of person intend- 
 ing to leave permanently, begin. , 1 
 
 L.R.A.(N.S.) 778. 
 Determination of status by residence of 
 
 debtor in case of foreign attachment. 
 
 17 L.R.A. 87.
 
 INDEX TO L.R.A. NOTES. 
 
 65 
 
 ATTACHMENT, II. cont'd 
 
 5. Against foreign corporation. 
 
 Liability of foreign corporation which has 
 complied with conditions of doing busi- 
 ness in state to attachment as non- 
 resident. 31 L.R.A.(N.S.) 278; L.R.A. 
 1915D, 116. 
 
 6. For fraud. 
 
 What intent to defraud will sustain an at- 
 tachment. 30 L.R.A. 465. 
 Right of creditors to attack attachment for 
 
 fraud and collusion. 35 L.R.A. 779. 
 Liability of property of one partner for 
 
 fraud of copartner. 25 L.R.A. 645. 
 
 ///. Effect; lien; priority. 
 
 7. Kffect of. generally. 
 
 Loss of lien by issuing, see LIENS' 19. 
 
 Waiver of lien of chattel mortgage by at- 
 tachment. 24 L.R.A.(N.S.) 490; 51 
 L.R.A. (N.S.) 1068. 
 
 Effect of attachment and sale of stranger's 
 property. L.R.A.1917B, 400. 
 
 Effect of attachment to change character of 
 action set forth in complaint. 50 L.R.A. 
 (N.R.) 32. 
 
 Effect of foreign attachment. 17 L.R.A. 88. 
 
 Effect of, on marketability of title. 38 
 L.R.A.(N.S.) 32. 
 
 Effect of, as election of remedies in case of 
 fraudulent purchase. 15 L.R.A. 90. 
 
 Attachment not prosecuted to judgment as 
 a conclusive election of re'medies. 34 
 L.R.A.(N.S.) 309. 
 
 Of insured property as change of interest, 
 title or possession. 24 L.R.A. (N.S.) 
 803. 
 
 Taking of property from bailee by, as de- 
 fense to him against bailor. 33 L.R.A. 
 (N.S.) 689. 
 
 Effect of attachment of real estate to de- 
 feat the right of receiver, subsequently 
 appointed by another court, to posses- 
 sion. 3 L.R.A. (N.S.) 1073. 
 
 Right of attachment lien holder to set up 
 Statute of Limitations against other 
 creditors of hia debtor. L.R.A.1918C, 
 1021. 
 
 P 8. Priorities. 
 
 Pre-existing debt as consideration for mort- 
 gage as against attachment. 33 L.R.A. 
 309. 
 
 Priority as between unrecorded deed or 
 mortgage of real estate and lien ac- 
 quired by attachment. L.R.A.1918A, 
 1089. 
 
 Priority as between true owner and attach- 
 ment creditors of one in whose name he 
 has placed stock on the book of the 
 corporation. 49 L.R.A.(N.S.) 1159. 
 
 Priority between assignee for creditors and 
 attaching creditors. 26 L.R.A. 593. 
 
 Right of possession as between receiver and 
 creditor levying attachment on prop- 
 erty. 20 L.R.A. 392. 
 
 Effect as against attachment, of pledge or 
 other transfer of corporate stock not 
 made in books of company. 67 L.R.A. 
 656. 
 
 Consult also L.R.A. Digests of Cases. 5 
 
 ATTACHMENT, III. cont'd 
 
 Sufficiency of attachment to confer priority 
 
 of claim of United States. 29 L.R.A. 
 
 234. 
 
 8 9. proceedings in other states. 
 
 Right of attachment as affected by appoint- 
 ment of foreign receiver. 23 L.ll.A. 52. 
 
 Priority of foreign attachment over foreign 
 assignment. 17 L.R.A. 88. 
 
 Priority of foreign assignment over subse- 
 quent domestic attachment. 17 L.R.A. 
 85. 
 
 Effect of insolvency proceedings in other 
 state. 23 L.R.A. 35. 
 
 IV. Procedure. : .<>/3 
 
 10. Generally. 
 
 Effect of failure to index. 14 L.R.A. 395. 
 
 Kight to break and enter dwelling to serve 
 
 writ of attachment. L.R.A.1916D, 283. 
 Is issue upon grounds of attachment for 
 
 court or jury. L.R.A.1918B, 344. 
 
 11. Jurisdiction. 
 
 Jurisdiction of actions, aided by attachment, 
 against a resident of the state. 49 
 L.R.A. (N.S.) 548. ' 
 
 May a state court protect an inchoate inter- 
 est in real property under an attach- 
 ment in a suit pending in a Federal 
 court, or vice versa. Q L.R.A. (N.S. ) 
 624. 
 
 12. Who may question validity of 
 attachment. 
 
 Right of obligor in bond for release of at- 
 tached property to attack attach- 
 ment. 32 L.R.A.(N.S.) 401. 
 
 13. creditors. 
 
 What creditors may question the validity of 
 attachment. 35 L.R.A. 766. 
 
 How creditors may question the validity of 
 attachment. 35 L.R.A. 771. 
 
 For what creditors may question the valid- 
 ity of attachment. 35 L.R.A. 775. 
 
 At what stage of the proceeding creditors 
 may question the validity of tin- 
 attachment. 35 L.R.A. 782. 
 
 14. Affidavit. 
 
 Requisites of affidavit for foreign attach- 
 ment. 17 L.R.A. 88. 
 
 Questioning validity of attachment for in- 
 sufficiency of affidavits. 35 L.R.A. 778. 
 
 14a. by agent or corporate officer. 
 
 Necessity that affidavit in attachment, made 
 by agent or attorney of plaintiff, shall 
 show personal knowledge. 14 L.R.A. 
 (N.S.) 1126. 
 
 Does the description of affiant in affidavit 
 for attachment as a specified officer of 
 a corporation import that he is an 
 agent of the corporation as required bv 
 statute. 14 L.R.A. (N.S.) 1135. 
 
 Is affidavit by officer of corporation to be 
 regarded as made by its agent. 16 
 L.R.A.(N.S.) 703.
 
 66 
 
 INDEX TO L.R.A. NOTES. 
 
 ATTACHMENT, IV. cont'd 
 15. right to amend. 
 Generally. 31 L.R.A. 422. 
 
 16. Judgment. 
 
 Possibility of appeal from dismissal of at- 
 tachment as affecting right to with- 
 hold property from debtor. L.R.A. 
 1917B, 591. 
 
 Extent of relief when process served con- 
 structively against nonresident. 50 
 L.R.A. 583. 
 
 Judgment in attachment as res judicata 
 against chattel mortgagee. 64 L.R.A. 
 366. 
 
 17. Bond; damages for wrongful at- 
 tachment. 
 
 Filing bond to secure release of property 
 as an appearance. L.R.A.1916F, 587. 
 
 Effect of bond or receipt given to secure 
 surrender of property by officer as an 
 estoppel after it has been returned to 
 officer. L.R.A.1916F, 942. 
 
 Liability of sureties on attachment bond 
 where judgment is in favor of one prin- 
 cipal and against another. 51 L.R.A. 
 (N.S.) 659. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond. L.R.A.1917B, 990. 
 
 Execution of bond on condition that others 
 shall sign. 45 L.R.A. 334. 
 
 Form of judgment on attachment bond. 62 
 L.R.A. 442. 
 
 Who is real party in interest who must 
 bring action on attachment bond. 64 
 L.R.A. 605. 
 
 Discharge of principal in bankruptcy as re- 
 leasing surety on attachment bond. 14 
 L.R.A.(N.S.) 507; 28 L.R.A. (N.S.) 
 234. 
 
 Amendment of claim or pleading as dis- 
 charge of sureties on bonds given to 
 dissolve attachments. 42 L.R.A.(N.S.) 
 4^ I, 
 
 Right of obligor in bond for release of at- 
 tached property to attack attachment. 
 32 L.R.A. (N.S.) 401. 
 
 Loss of profits as element of damages by 
 seizure under wrongful attachment. 52 
 L.R.A. 54; 46 L.R.A. (N.S.) 470. 
 
 Recovery of exemplary damages in action 
 on attachment bond for malicious prose- 
 cution or abuse of process in suing out 
 attachment for collection of debt. 29 
 L.R.A.(N.S.) 275. 
 
 Exemplary damages for suing out attach- 
 ment for collection of debt only. 29 
 L.R.A.(N.S.) 272. 
 
 Under what circumstances the wrongful 
 levy of several attachments will render 
 the attaching creditors jointly liable. 
 6 L.R.A. (N.S.) 598. 
 
 Effect upon surety on attachment bond, of 
 judgment against principal. 40 L.R.A. 
 (N.S.) 743; L.R.A.1918E, 820. 
 
 18. Dissolution; abatement; termi- 
 nation. 
 
 fsstiance and quashing of writ for foreign 
 attachment. 17 L.R.A. 87. 
 
 ATTACHMENT, IV. cont'd 
 
 Law governing effect of fraudulent assign- 
 ment for creditors to avoid previous at- 
 tachment. 65 L.R.A. 365. 
 
 Adjudication of bankruptcy of member of 
 firm as affecting rights under an at- 
 tachment by firm creditors. 30 L.R.A, 
 (N.S.) 787. 
 
 Abatement by dissolution or expiration of 
 charter of corporation. 32 L.R.A. 
 (N.S.) 449. 
 
 When action in which malicious attachment 
 was issued is terminated so as to sup- 
 port suit for malicious prosecution. 2 
 L.R. A. (N.S.) 950. 
 
 Nonownership of attached property a 
 ground for dissolution. 47 L.R.A. 
 (N.S.) 1127. 
 
 Motion to quash attachment as extending 
 time to plead. 47 L.R.A. (N.S.) 856. 
 
 Possibility of appeal from dismissal of at- 
 tachment as affecting right to with- 
 hold property from debtor. L.R.A. 
 1917B, 591. 
 
 Power of attorney to bind client by release 
 of attachment. L.R.A.1918D, 809. 
 
 19. Injunction against or in aid of. 
 
 Injunction in aid of attachment. 20 L.R.A. 
 446. 
 
 Injunction in favor of attaching creditors 
 against sale under execution or subse- 
 quent attachment. 30 L.R.A. 127. 
 
 Against attachment in other state. 21 
 L.R.A. 75. 
 
 f . Intervention. 
 
 Rights of creditors to question validity of 
 attachment by intervention and de- 
 fense. 35 L.R.A. 772. 
 
 Right of third persons who claim property 
 to intervene in attachment action. 23 
 L.R.A."(N.S.) 536. 
 
 Right of intervener in attachment to at- 
 tack validity of service of process. 23 
 L.R.A.(N.S.) 1084. 
 
 ATTACHMENT CREDITORS. 
 
 Right of, to question validity of attachment. 
 35 L.R.A. 767. 
 
 ATTAINDER. 
 
 Effect of forfeiture of property by attainder 
 on rights of innocent persons therein. 
 L.R.A.1916E, 344. 
 
 Begin with this ftoofc on every law question. 
 
 ATTEMPT. 
 
 To commit crime, see CRIMINAL LAW, 16, 
 17. 
 
 What constitutes an attempt to entice serv- 
 ant to quit. 5 L.R. A. (N.S.) 1095. 
 
 Unsuccessful attempt to collect premium as 
 waiver of forfeiture. 18 L.R. A. (N.S.) 
 902; 44 L.R.A. (N.S.) 371.
 
 INDEX TO L.R.A. NOTES. 
 
 67 
 
 ATTEMPT cont'd 
 
 To enforce lien under clause in lease giving 
 landlord lien on crops and chattels as 
 election preventing its enforcement as 
 a chattel mortgage. 20 L.R.A. (N.S.) 
 259. 
 
 ATTENDANCE. 
 
 Securing attendance of witnesses, see WIT- 
 NESSES, 4. 
 
 What constitutes attendance by a physician 
 within meaning of an application for 
 life insurance. 18 L.R.A.(N.S.) 362. 
 
 ATTENDANTS. 
 
 Liability for negligence of attendants fur- 
 nished by relief department toward 
 which employees contribute. 17 L.R.A. 
 (N.S.) 1167; 30 L.R.A.(N.S.) 1207; 48 
 L.R.A.(N.S.) 531. 
 
 ATTESTATION. 
 
 Of deeds, see DEEDS, 4. 
 Of will, see WILLS, 26-32. 
 
 Estcppel of one attesting conveyance to set 
 up his own title to the property as 
 against third persons. 48 L.R.A. (N.S.) 
 758. 
 
 Sufficiency of abbreviation of officer's name 
 in. 14 L.R.A. 815. 
 
 By mark. 22 L.R.A. 370, 372. 
 
 Necebsity for calling subscribing witnesses 
 to prove attested instrument. 35 
 L.R.A. 321. 
 
 ATTESTATION CLAUSE. 
 
 To will, see WILLS, 32. 
 
 ATTESTED INSTRUMENTS. 
 
 Admissibility in evidence, see EVIDENCE, 
 
 123. 
 See also DEEDS, 4; WILLS, 26-32. 
 
 ATTESTING WITNESS. 
 
 To wills, see WILLS, 15, 24, 26-31. 
 
 Necessity of calling to prove instrument. 
 35 L.R.A. 321. 
 
 Estoppel of, to assert title to land con- 
 veyed. 3 L.R.A. (N.S.) 879.. 
 
 Addition of name of, to instrument, as an 
 .alteration. 24 L.R.A. (N.S.) 1155; 
 L.R.A.1917D, 828. 
 
 Weight of testimony of, against competency 
 of testator, f> 'L.R.A. (N.S.) 575. 
 
 Canxult also L.R.A. Digests of Cases. 
 
 ATTORNEY GENERAL. 
 
 Power to dismiss prosecution, 'see CRIMINAL- 
 LAW, 40. 
 See also STATE. ] 
 
 Power of courts to enforce ministerial- 
 duties of. 52 L.R.A. (N.S.) 442. 
 
 Suit against, as suit against the state. 44 
 L.R.A. (N.S.) 196. 
 
 Quo warranto as matter of right by. 1 
 L.R.A.(N.S.) 826. 
 
 Scope of discretion of, with respect to insti- 
 tution of proceedings in nature of quo 
 warranto. 15 L.R.A. (N.S.) 603. 
 
 Right of attorney general, or other repre- 
 sentative of state, to maintain suit or 
 proceeding to remove officers of private 
 corporations. 18 L.R.A. (N.S.) 672. 
 
 Right of attorney general, or other repre- 
 sentative of state, to maintain action 
 to enforce or prevent the violation of 
 statutory regulations affecting" tates, 
 etc. 18 L.R.A.(N.S.) 664. 
 
 ATTORNEYS. 
 
 /. In general, 1. 
 II. Relation to court and public, 2- 
 
 6. 
 III. Relation to client, y 7-22. 
 
 I. In general. 
 
 1. Generally. 
 
 Prosecuting attorneys, see DISTRICT AND 
 PROSECUTING ATTORNEYS. 
 
 Privileged communications to, see EVI- 
 DENCE, 222. 
 
 Advice of, as defense to action for malicious 
 prosecution, see MALICIOUS PROSECU- 
 TION, 8. 
 
 Opening statement by, see OPENING STATE- 
 MENT. 
 
 Argument of, during trial, see TBIAL, 15- 
 17. ; 
 
 Specific performance of contract for sale of 
 practice. L.R.A.1018E, 628. 
 
 Misconduct of plaintiff's attorney as basis 
 of attack on divorce decree. L.R.A. 
 191 7B, 456. 
 
 Disqualifications as judge by prior connee-* 
 tion with case. 25 L.R.A. 114. [ 
 
 Relationship to attorney in case as dis- 
 qualifying judge. L.R.A.1918F, 1036^ ' 
 
 Effect of advice of attorney 0:1 personal 
 liability of a trustee for losses to trust 
 estate from investments. 44 L.R.A. 
 (N.S.) 978. i 
 
 Right of attorney to testify in his own be-' 
 half or in behalf of client. 49 L.R.A. ; 
 (N.S.) 422. 
 
 Is imputation of insolvency against lawyer 
 actionable per se. 3 B. R. C. 61. ( 
 
 Privilege of defamatory statement made by 
 one attorney concerning another in 
 course of judicial proceedings. L.R.A. 
 1916E, 782. 
 
 Privilege of attorney as to communications 
 regarding matters relating to the sub- 
 ject of his actual or prospective employ- 
 ment. L.R.A.1918B, 837.
 
 INDEX TO L.R.A. NOTES. 
 
 ATTORNEYS, I. confd 
 
 Exemption of attorney from service of sum- 
 mons while in jurisdiction on legal 
 business. L.R.A.1917B, 893. 
 
 //. Relation to court and public. 
 
 2. Generally. 
 
 (Jhampertous contracts, see infra, 21. 
 What constitutes contempt by, see CON- 
 TEMPT, II. 
 
 As public officers. 17 L.R.A. 244. 
 
 Right of attorney at law to solicit busi- 
 ness. 9 L.R.A.(N.S.) 282; L.R.A. 
 1917B, 1128. 
 
 Validity of restrictive agreement ancil- 
 lary to sale of practice. 24 L.R.A. 
 (.!&) 926. 
 
 Validity of contract restraining practice 
 of 'profession after expiration of term 
 of service with another. 26 L.R.A. 
 (N.S.) 961. 
 
 Validity of contract to procure legislative 
 action. 4 L.R.A. (N.S,) 213. 
 
 Validity of contract by attorney to secure 
 suspension of criminal law as to of- 
 fenses thereafter committed. 38 L.R.A. 
 (N.S.) 842. 
 
 Improper influence or interference with 
 grand jury by attorneys. 28 L.R.A. 
 570. 
 
 3. Right to practise law. 
 
 Constitutional privilege to practise law. 
 14 L.R.A. 581. 
 
 Right of women to practise law. 21 L.R.A. 
 701. 
 
 Practice of law bv corporation. 32 L.R.A. 
 (N.S.) 56. 
 
 Tower of legislature to prescribe qualifi- 
 cations of. 10 L.R.A. (N.S.) 289. 
 
 4. Disbarment; suspension; disci- 
 pline. 
 
 Constitutionality of statutes relating to 
 disbarment of attorneys. 44 L.R.A. 
 (N.S.) 1195. 
 
 Disbarment as cruel and unusual punish- 
 ment. L.R.A.1915C, 565. 
 
 Effect of pardon on right to disbar attorney 
 convicted of felony. 16 L.R.A.(N.S.) 
 272. 
 
 Extent of restriction on right of disbarred 
 or suspended attorney to transact 
 legal business for another. 24 
 L.R.A.(N.S.) 755. 
 
 Disqualification of judge to preside at dis- 
 barment proceedings because of mem- 
 bership in bar association instituting 
 the proceedings. 39 L.R.A. (N.S.) 116. 
 
 Eligibility of suspended or disbarred at- 
 torney to judicial office. L.R.A.1917B, 
 803. 
 
 5. grounds for. 
 
 Necessity of bad or fraudulent motive to 
 
 justify. 18 L.R.A. 401. 
 Want of due respect toward court in legal 
 
 papers. 15 L.R.A. (N.S.) 525. 
 Criticism of decision or opinion after case 
 has been determined. 17 L.R.A. (N.S. ) 
 572. 
 
 Withholding client's money or property. 
 19 L.R.A. (N.S.) 414. 
 
 Begin with this book on every law question. 
 
 ATTORNEYS, II. cont'd 
 
 Solicitation of business. 9 L.R.A. (N.S.) 
 2*2; L.R.A.1917B, 1131. 
 
 Advertising. 33 L.R.A. (N.S.) 941. 
 
 Conviction or commission of crime or mis- 
 conduct by attorney in another state. 
 19 L.R.A. (N.S.) 892. 
 
 Disbarment in other state or concealment 
 of that fact. 24 L.R.A.(N.S.) 531. 
 
 Concealment or failure to produce docu- 
 ment. L.R.A.1917B, 384. 
 
 Imputation in course of legal proceedings 
 of prejudice to court or judge. L.R.A. 
 1918D, 450. 
 
 Offering to pay witness as a ground for 
 disbarment or suspension o* attorney. 
 L.R.A.1915A, 514. 
 
 Violation of liquor law. L.R.A.1918A, 1192. 
 
 Disbarment or suspension of attorney for 
 misconduct in an official capacity other 
 than his attorneyship itself. L.R.A. 
 1915A, 663. 
 
 Improper advice to client, with no inten- 
 tion to wrong him, as ground for dis- 
 .barment or suspension. L.R.A.1916A, 
 1175. 
 
 Acting with mob as a ground for disbar- 
 ment, suspension, or other discipline. 
 L.R.A.1915C, 259. 
 
 Disbarment or suspension for aspersing an- 
 other attorney. L.R.A.1916F, 396. 
 
 Disbarment of prosecuting attorney at- 
 tempting to represent individuals hav- 
 ing an interest adverse to or dissociated 
 from the public interest. L.R.A.1918F, 
 832. 
 
 6. License. 
 
 License tax on. 18 L.R.A. 409. 
 
 License to practise as a vested right to con- 
 tinue in practice. 8 L.R.A. (N.S.) 1272. 
 
 Validity of contract by unlicensed attorney. 
 12 L.R.A.(N.S.) 614. 
 
 Extent of restriction on right of unlicensed 
 person to transact legal business 
 for another. 24 L.R.A. (N.S.) 750. 
 
 Statute of limitations as a defense to revo- 
 cation of attorney's license. 11 L.R.A. 
 (N.S.) 557; L.R.A. 1915D, 1218. 
 
 III. Relation to client. 
 
 7. Generally. , 
 
 Effect of death of person employing attor- 
 ney, see DEATH, 18. 
 
 Privileged communications to, see EVI- 
 DENCE, 222. 
 
 Advice of counsel as defense to action for 
 malicious prosecution, see MALICIOUS 
 PROSECUTION, 8. 
 
 Denial of relation as affecting right to sum- 
 mary order on attorney to produce 
 papers. 38 L.R.A. (N.S.) 207. 
 
 Determination of disputed questions in sum- 
 mary proceedings to compel attorney 
 to surrender money or property. L.R.A. 
 1918D, 830. 
 
 Sickness or dea*h of, as ground for injunc- 
 tion against judgment. 30 L.R.A. 795. 
 
 Validity of contract with, upon condition 
 of procuring divorce. 44 L.R.A. (N.S.) 
 383. 
 
 Misconduct of counsel for defeated spouse 
 as ground for relief from divorce. 
 L.R.A.1917B, 464.
 
 INDEX TO L.R.A. NOTES. 
 
 ATTORNEYS, III. cont'd 
 
 Consideration for note or obligation given 
 by attorney to cover loss on transac- 
 tions conducted by him for principal. 
 L.R.A.1917B, 696. 
 
 Disqualification of judge through relation- 
 ship to attorney in case. 42 L.R.A. 
 (N.S.) 1172. 
 
 Admissibility in evidence of entries in ac- 
 count book by attorney. 53 L.R.A. 528. 
 
 Taking of commercial paper by attorney as 
 payment. 35 L.R.A. (N.S.) 53. 
 
 Appearance of special attorney or private 
 counsel before grand jury. 33 L.R.A. 
 (N.S.) 568. 
 
 Addressing letter to plaintiff's attorney as 
 publication for purposes of libel. 21 
 L.R.A.(N.S.) 33. 
 
 Conclusiveness of judgment as between 
 plaintiff and attorney who has charge 
 of the defense. 37 L.R.A. (N.S.) 964. 
 
 Rebuking or fining attorney during trial 
 as prejudicing rights of party. 42 
 L.R.A.(N.S.) 428. 
 
 Necessity that affidavit in attachment made 
 by plaintiff's attorney shall show per- 
 sonal knowledge. '14 L.R.A. (N.S.) 
 1126. 
 
 Attacks on opposing counsel in argument 
 to jury as ground for reversal. 
 L.R.A.i918D,>7. 
 
 Prosecuting attorney's attack on de- 
 fendants' counsel. 46 L.R.A. 655. 
 
 Treating of jurors by, as ground for new 
 trial or reversal. 19 L.R.A. (N.S.) 733; 
 49 L.R.A. (N.S.) 889. 
 
 ^8. Right to counsel. 
 
 Right of prisoner to opportunity to con- 
 sult with his attorney.- 44 L.R.A. 
 (N.S.) 1083. 
 
 Right of insured to have attorney present 
 at examination as to loss. 52 L.R.A. 
 426. 
 
 Stockholder's right to assistance of, in in- 
 spection of books. 45 L.R.A. 449; 20 
 L.R.A. (N.S.) 197. 
 
 Right of prosecutrix in bastardy proceed- 
 ings to private counsel. 33 L.R.A. 
 (N.S.) 463. 
 
 Necessity for representation by counsel at 
 preliminary examination to make testi- 
 mony given thereon admissible against 
 accused. 25 L.R.A. (N.S.) 871. 
 
 9. Employment of attorney. 
 
 Creation of precatory trust by recommend- 
 ing employment of attorney. 37 L.R.A. 
 (N.S.) 685. 
 
 Right of governor to employ for state. 55 
 L.R.A. 493. 
 
 Right of public body entitled to services of 
 official attorney to employ other attor- 
 ney in civil matters. L.R.A.1917D, 251. 
 
 Power of municipal body to employ attor- 
 ney. L.R.A.1917D, 241. 
 
 Power of public officers to bind successors 
 by employment of attorney for term of 
 years. 16 L.R.A. L.,17. 
 
 Power of president and vice president of 
 corporation to employ attorneys. 14 
 L.R.A. 360. 
 
 Consul!, aluo L.R.A. Digests of Cases. 
 
 ATTORNEYS, III. cont'd 
 
 Power of municipal board or committee to 
 employ one of its own members as. 3 
 J L.R.A.(N.S.) 849. 
 
 Effect of statute of frauds on parol contract 
 for employment of attorney which may, 
 but is not intended to, be performed 
 within a year. 15 L.R.A.(N.S.) 326. 
 
 10. Fiduciary relation. 
 
 Fiduciary relation between principal and 
 agent, see PRINCIPAL AND AGENT, 33. 
 
 Right of client to recover property placed 
 in the name of his attorney in order 
 to defraud creditors. 37 L.R.A. (N.S. ) 
 161. 
 
 Independent advice as a condition of a valid 
 gift inter vivos between parties occupy- 
 ing confidential relations. 16 L.R.A. 
 (N.S.) 1087. 
 
 Right of attorney to purchase subject-mat- 
 ter of litigation or of retainer from 
 client and his duty in relation 
 thereto. 23 L.R.A. (N.S.) 679; 28 
 L.R.A.(N.S.) 723. 
 
 Right of attorney to purchase or lease in 
 his own behalf property which he was 
 under no duty to purchase or lease for 
 
 his principal. 47 L.R.A. (N.S.) 567. 
 
 j 
 
 11. Duty and liability of attorney. 
 
 Liability of attorney to client for mistake. 
 52 L.R.A. 883. 
 
 Liability for interest on money collected for 
 client. 18 L.R.A. 457. , 
 
 Right of client to maintain trover or caso 
 for money collected by attorney. 20 
 L.R.A.(N.S.) 35. 
 
 When statute of limitations begins to run 
 against an action for negligence or mis- 
 conduct of an attorney in performance 
 of professional duties. 12 L.R.A. 
 (N.S.) 1005; 51 L.R.A.(N.S.) 279. 
 
 When statute of limitations commences to 
 run against action to recover money 
 collected by attorney. 17 L.R.A. (N.S.) 
 667. ' , 
 
 Duty of attorney to pay or secure costs in 
 an action which he takes on a con- 
 tingent fee. 11 L.R.A. (N.S.) 1153. 
 
 12. Authority of attorney. 
 
 Presumption and burden of proof as to au- 
 thority of, see EVIDENCE, 35. 
 Ratification by client, see RATIFICATION, 6. 
 
 Right to contest will. L.R.A.1918A, 467. 
 
 Right to take acknowledgment. 33 L.R.A. 
 337. 
 
 Power to bind client by release of person or 
 property of debtor from process to en- 
 force judgment. L.R.A.1918D, 808. 
 
 Effect of death on contract with attorney. 
 23 L.R.A. 710. 
 
 Authority of, to contract for services of 
 other persons. L.R.A.1918F, 15. 
 
 Authority of attorney to waive privilege as 
 to communications between physician 
 and patient. 48 L.R.A.(N.S.) 421. 
 
 Extension of time by attorney as discharge 
 of surety. 39 L.R.A. (N.S.) 62. 
 
 13. over action generally. 
 Power as to dismissal or discontinuance, see 
 DISMISSAL AND DISCONTINUANCE, 5.
 
 70 
 
 INDEX TO L.R.A. NOTES. 
 
 ATTORNEYS, III. cont'd 
 
 To satisfy judgment in favor of minor. 3 
 
 L.R.A. (N.S.) 72. 
 
 Power of attorney to bind client by con- 
 sent decree. 46 L.R.A. (N.S.) 750. 
 Implied power of attorney to bind client 
 for expenses incidental to trial 
 including associate counsel fees. 23 
 L.R.A. (N.S.) 702. 
 
 Right of attorney to continue on account 
 of his compensation after collusive dis- 
 missal -to defeat it. 5 L.R.A.(N.S.) 
 390. 
 
 Client's death as affecting attorney's au- 
 thority to proceed with suit. 34 L.R.A. 
 (N.S.) 1189. 
 
 14. to compromise cause of action. 
 
 Implied power of attorney to compromise 
 cause of action. 31 L.R.A. (N.S.) 
 523. 
 
 Power of attorney to submit infant's cause 
 of action for arbitration. 70 L.R.A. 
 175. 
 
 15. authority to appear in action. 
 
 To enter appearance in case in behalf of in- 
 fant or incompetent. 32 L.R.A. 681. 
 
 Effect of unauthorized appearance of at- 
 torney in an action. 21 L.R.A. 848. 
 
 Effect of failure to object before judgment 
 to unauthorized appearance by an at- 
 torney upon right to relief from judg- 
 ment." L.R.A.1918B, 899. 
 
 16. right to withdraw. 
 
 Power of defendant's attorney to withdraw 
 answer or appearance and permit 
 a default judgment. 33 L.R.A. 
 515. 
 
 Right to withdraw from suit because of 
 client's misconduct. 35 L.R.A. 
 (N.S.) 960. 
 
 17. Client's responsibility for attor- 
 ney's acts or neglect. 
 
 Negligence in employing attorney as bar 
 to injunction as against judgment. 31 
 L.R.A. 35. 
 
 Negligence of attorney, as a bar to injunc- 
 tion against judgment. 31 L.R.A. 36. 
 
 Loss of defenses by reason of negligence or 
 unskilfulness of attorney as ground for 
 enjoining judgment. 9 L.R.A. (N.S.) 
 524. 
 
 Is neglect of counsel imputed to party under 
 statute for relief from judgment taken 
 by inadvertence, surprise, or excusable 
 neglect. 27 L.R.A.(N.S.) 858. 
 'Guardian's liability for misappropriation 
 of ward's funds bv attorney. 5 L.R.A. 
 (N.S.) 575. 
 
 Personal liability of executor or adminis- 
 trator to distributees for interest where 
 settlement of estate is delayed by ad- 
 vice or negligence of attorney. 31 
 L.R.A. (N.S.) 359. . 
 
 ATTORNEYS, III. cont'd 
 18. Compensation; lien. 
 
 Recovery back of money paid to attorney, 
 
 see ASSUMPSIT, G. 
 Attorneys' fees generally, see ATTORNEYS' 
 
 J'EK.S; COSTS AND FEES, 7. 
 
 Suit money and counsel fees in divorce suit, 
 see DIVORCE AND SEPARATION, 39, 40. 
 
 Liability of decedent's estate to attorney 
 employed by personal representative, 
 see EXECUTORS AND ADMINISTRATORS, 
 34. 
 
 Right of executor to allowance for attor- 
 neys' fees, see EXECUTORS AND ADMIN- 
 ISTRATORS, 53. 
 
 Use of public money to pay counsel fees in- 
 curred by officer or citizen in litigation. 
 L.R.A.1916D, 92. 
 
 What court has jurisdiction to fix attor- 
 neys' fees for services in suit by or 
 against receiver. L.R.A.1915F, 1219. 
 
 Statement of account by attorney. 27 
 L.R.A. 821. 
 
 Damages for breach of contracts with. 53 
 L.R.A. 57, 79. 
 
 Remedy of attorney discharged without 
 cause before completing service, or be- 
 fore expiration of time for which he 
 was employed. L.I1.A.1917F, 406. 
 
 Extent of recovery bv attorney wrongfully 
 discharged. 6 L.R.A. (N.S.) 92. 
 
 Right of .corney not admitted to practice 
 to recover for services of attorney who 
 had been admitted. 2 L.R.A. (N.S.) 
 392. 
 
 Claims against state for fees of. 42 L.R.A. 
 51. 
 
 Validity of agreement by which compensa- 
 tion is c pendent on success in procur- 
 ing contract with public officer l or 
 board. L.R.A.1915C, 823. 
 
 Right of client to recover from third per- 
 son for services rendered by attorney 
 which benefit both. L.R.A.1915B, 856. 
 
 Right of attorney to compensation from 
 private employer for assisting in prose- 
 cution of criminal case. L.R.A.1916D, 
 462. 
 
 Liability of infant for legal services. 44 
 L.R.A.(N.S.) 411. 
 
 Right to recover against incompetent or his 
 estate for legal services in attempting 
 to secure his freedom or in resisting 
 lunacy proceedings. 45 L.R.A. ( N.S. ) 
 67. 
 
 Stipulation in contract for att rneys' fees 
 as measure of compensation to 
 which attorney is entitled. 51 
 L.R.A. (N.S.) 594. 
 
 Constitutionality of statute requiring attor- 
 ney to perform services for public 
 without remuneration. 42 L.R.A. 
 (N.S.) 527. 
 
 Right of counsel assigned to defend indigent 
 person, to compensation from public, in 
 absence of statute. 36 L.R.A. (N.S.) 
 377. 
 
 Liability of principal lor malicious prose- , Services of attorney as a family expense or 
 
 necessary within statute rendering wife 
 or her property liable therefor. L.R.A. 
 1917F, 863. 
 
 cution, false arrest, or false imprison- 
 ment by attorney authorized to collect 
 a debt. 51 L.R.A. (N.S.) 474. 
 
 Begin with this hook, on every law question.
 
 INDEX TO L.R;A. NOTES. 
 
 71 
 
 ATTORNEYS, III. cont'd 
 
 Recovery for services to wife in divorce 
 suit. 24 L.RA. 629; L.R.A.1915C, 467; 
 L.R.A.1917F, 362. 
 
 Liability of estate to attorney employed by 
 executor or administrator. 25 L.R.A. 
 (N.S.) 72. 
 
 Eight of attorney, in the absence of express 
 agreement, to compensation for debar- 
 ring himself from representing antago- 
 nistic interests. 19 L.R.A. (N.S.) 960. 
 
 Loss of compensation by compromising case 
 without authority. 42 L.R.A. (N.S.) 
 852. 
 
 Effect of assignment of judgment to attor- 
 neys for their services on set-off against 
 judgment in hands of assignee. L.R.A. 
 1917F, 1012. 
 
 Priority of claim for services, against prop- 
 erty in hands of receiver over recorded 
 lions. 2 L.R.A. (N.S.) 1036, 1050, 1060, 
 1067; 41 L.R.A.(N.S.) 700, 710. 
 
 Conclusiveness of expert opinion aa to 
 value of services. 42 L.R.A. 768; 45 
 L.R.A. (N.S.) 181. 
 
 Libel in charging attorney Avith exacting ex- 
 cessive fees. 40 L.R.A. (N.S.) 79. 
 
 19. as between members of law 
 partnership. 
 
 Effect of failure of member of law partner- 
 ship to render services to exclude him 
 from participation in the profits" there- 
 of. L.R.A.1918B, 678. 
 
 Rights of estate of law partner in compen- 
 sation for business unfinished at time 
 of his death. 66 L.R.A. 821. 
 
 Eight of surviving member of law partner- 
 ship to compensation for services. 17 
 L.R.A.(N.S.) 402; L.R.A.1917F, 577. 
 
 Eight of liquidating member of law partner- 
 ship to compensation for services. 17 
 L.R.A. (N.S.) 398; L.R.A.1917F, 577. 
 
 20. contingent fees. 
 
 Power of public body to employ attorney 
 on contingent fee. L.R.A.1917D, 263. 
 
 Contingent attorney's fee in representative 
 suit. 15 L.R.A.(N.S.) 729. 
 
 Power of court to protect attorney who has 
 taken case on contingent fee, against 
 voluntary dismissal by client without 
 his consent. 14 L.R.A. (N.S.) 1095. 
 
 Validity of provision, in contract for con- 
 tingent fee, forbidding client to settle 
 the claim without attorney's consent. 
 14 L.R.A. (N.S.) 1101. 
 
 Basis for computing share of attorney en- 
 titled to certain proportion of recovery, 
 where suit is compromised for certain 
 sum and attorney's fee. 22 L.R.A. 
 (N.S.) 776. 
 
 Eights and remedies of attorney whose 
 client compromises cause of action with- 
 out his consent before action brought. 
 45 L.R.A.(N.S.) 750. 
 
 Death of attorney employed on a contin- 
 gent fee, or his withdrawal with- 
 out client's fault, before final ad- 
 judication or settlement, as af- 
 fecting compensation. 52 L.R.A. 
 (N.S.) 380. 
 
 Consult also L.F.A. Digests of Cases. 
 
 ATTORNEYS, III. cont'd 
 
 Validity of agreement . o pay attorney a 
 percentage of amount obtained as ali 
 mony. 33 L.R.A. (N.S.) 1074. 
 
 Right of attorney who takes case on con- 
 tingent fee or for certain percentage to 
 implied or equitable lien on fund re- 
 covered. 27 L.R.A. (N.S.) 634. 
 
 Right to discharge attorney employed for 
 contingent fee. 38 L.R.A. (N.S.) 
 389. 
 
 Remedy of attorney employed on a contin- 
 gent fee and discharged without cause 
 before completing service or before ex- 
 piration of *ime for which he was em- 
 ployed. L.R.A.1917F, 406. 
 
 Duty of attorney to pay or secure costs in 
 action which he takes on. 11 L.R.A. 
 (N.S.) 1153. 
 
 21. champerty; maintenance. 
 
 Taking case on contingent fee, see supra, 
 20. 
 
 Right of attorney to recover for services 
 performed under contract procured by 
 solicitation. L.R.A.1917B, 1129. 
 
 Right to recover upon quantum, meruit for 
 services rendered under illegal or 
 champertous contract. 2 L.R.A. (N.S.) 
 261; 38 L.R.A.(N.S.) 1202. 
 
 Right of attorney to purchase subject-mat- 
 ter of litigation or of detainer from 
 client and his duty in relation thereto. 
 23 L.R.A.(N.S.) 679; 28 L.R.A. (N.S.) 
 723. 
 
 Right of attorney who has made champer- 
 tous agreement with his client against 
 opposite party to suit after settlement 
 by client. 35 L.R.A. (N.S.) 518. 
 
 22. lien. 
 
 Lien on cause of action for tort. 3 L.R.A. 
 (N.S.) 379. 
 
 Attorney's lien on fund in bastardy proceed- 
 ings. 11 L.R.A. (N.S.) 630. 
 
 Effect of agreement giving attorney em- 
 ployed by personal representative lion 
 on subject-matter in litigation, on lia- 
 bility of estate to him. 25 L.R.A. 
 (N.S.) 75. 
 
 Right of attorney, under local statute, to 
 a lien upon money in the hands of an 
 adverse party to a suit in proceeding 
 in another state. 31 L.R.A. (N.S.) 
 1215. 
 
 Right of attorney who takes case on con- 
 tingent fee or for certain percentage 
 to implied or equitable lien on fund 
 recovered. 27 L.R.A. (N.S.) 634. 
 
 Constitutionality of statutes providing for 
 attorneys' liens. 40 L.R.A. (N.S.) 529. 
 
 Dismissal of suit to defeat attorney's lien 
 or claims to compensation. 5 L.R.A. 
 (N.S.) 390. 
 
 Waiver of attorney's lien by taking secu- 
 rity. 2 B. R. C. 68. 
 
 Assignment of judgment to attorney defeat- 
 ing lien. 23 L.R.A. 339.
 
 72 
 
 INDEX TO L.R.A. NOTES. 
 
 ATTORNEYS, III. oont'd 
 
 Assignment of judgment as affecting attor- 
 neys' lien thereon. 37 L.R.A. 
 (N.S.) 226. 
 
 ATTORNEYS' FEES. 
 
 1. Generally. 
 
 Right of attorney to recover fees from his 
 own client, see ATTORNEYS, ]8-22. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 180. 
 
 As element of costs or damages without any 
 stipulation therefor, see COSTS AND 
 FEES, 7. 
 
 As affecting jurisdictional amount, see 
 COUBTS, 27. 
 
 In divorce suit, see DIVORCE AND SEPARA- 
 TION, 34-49. 
 
 Recovery of, upon injunction bond, see IN- 
 JUNCTION, 87. 
 
 In action to enforce mechanics' lien, see 
 MECHANICS' LIENS, 25. 
 
 In action to enforce tax, see TAXES, 71. 
 
 Stipulation in contract fo~ attorneys' fees 
 as measure of compensation to which 
 attorney is entitled. 51 L.R.A. (N.S.) 
 594. - 
 
 Is the amount of attorney's fees expressly 
 stipulated for to be included in com- 
 puting amount involved, for purpose of 
 ascertaining jurisdiction. 27 L.R.A. 
 (N.S.) 157; 49 L.R.A. (N.S.) 600. 
 
 2. Validity and effect. 
 
 Validity of stipulation for attorneys' fees. 
 L.R.A.191 ^B, 928. 
 
 Conflict of laws as to stipulation for, in 
 contract relating to rec.l property. 
 L.R.A.1916A, 1040. 
 
 Validity of statutory provision for attor- 
 n v' s fees. 17 L.R.A. (N.S.) 910; 
 L.R.A.1915E, 943. 
 
 Validity of statutory provision for attor- 
 ney's fees in proceedings involving col- 
 lection of taxes or snecial assessments. 
 28 L.R.A.(N.S.) 10"2. 
 
 Constitutionality of provision for, in case 
 of failure to fence railroad tracks. 31 
 L.R.A.(N.S.) 864. 
 
 83. effect on negotiability. 
 
 Effect of stipulation for, upon negotiability. 
 
 L.R.A.191GB, 675. 
 Effect of stipulation for, in mortgage upon 
 
 negotiability of note secured thereby. 
 
 26 L.R.A.(N.S.) 217. 
 
 ATTORNEYS IN FACT. 
 
 Form of execution 
 (N.S.) 805. 
 
 of deed by. 41 L.R.A. 
 
 ATTORNMENT. 
 
 By lessee generally, see LANDLORD 
 TENANT, 3. 
 
 By tenant to transferee of reversion. L.R.A. 
 1915C, 201, 203. 
 
 ATTRACTIVE NUISANC3. 
 
 See NEGLIGENCE, 23, 23a. 
 
 AUCTION. 
 
 1. Generally. 
 
 Oral or implied building restrictions as to 
 other lots in tract on sale of lots at 
 auction. 45 L.R.A. (N.S.) 9C3. 
 
 Implied exception in statute as to. 25 
 L.R.A. 569. 
 
 Delegation of municipal power as to license 
 of. 20 L.R.A. 724. 
 
 Right o.f executor or administrator to em- 
 ploy auctioneer. 64 L.R.A. 557. 
 
 Binding effect of conditions announced by 
 auctioneer. 24 L.R.A. (N.S.) 488. 
 
 Liability of goods in hands of auctioneer to 
 distress. 25 L.R.A. (N.S.) 7!)f>. 
 
 Right to resell property after it has been 
 struck off to a bidder. 36 L.R.A. (N.S.) 
 927. 
 
 Discrimination against 
 statute or ordinance 
 tax on auctioneers. 
 290. 
 
 nonresidents by 
 imposing license 
 L.R.A. (N.S.) 
 
 40 
 
 2. As a nuisance. 
 Generally. 20 L.R.A.(N.S.) 972. 
 In street, as a nuisance, subject to city 
 control. 39 L.R.A. 678. 
 
 3. Right to withdraw property from 
 sale. 
 
 Right to withdraw property from an auc- 
 tion sale after it has been offered. 
 57 L.R.A. 784; 20 L.R.A. (N.S.) 
 1133; L.R.A.1917A, 74. 
 
 4. Validity. 
 
 Effect of preventing or checking bids upon 
 the validity of sales at auction. 
 20 L.R.A. 545. 
 
 5. Rights of purchaser. 
 Relief from purchase at auction on ground 
 of mistake. 34 L.R.A.(N.S.) 927. 
 
 6. Rights and liabilities of auction- 
 eer. 
 
 Effection of insertion of unauthorized pro- 
 auctioneer's bond. 
 
 u'ith this book on every law question. 
 
 vsons n 
 
 1917B, 1013. 
 Validity of license fee exacted of auctioneer 
 
 as affected by amount. 51 L.R.A. 
 
 (N.S.) 40. 
 
 Right of auctioneer or officer conducting a 
 sale to make bids. 20 L.R.A. 503.
 
 INDEX TO L.R.A. NOTES. 
 
 AUCTION cont'd 
 
 Liability for conversion of property. 50 
 
 L.R.A. 654. 
 
 Liability of auctioneer or clerk of auction 
 for return of money. 35 L.R.A. 
 (N.S.) 481. 
 
 7. Bids at. 
 
 Effect of preventing or checking bids on 
 
 validity of sales at auction. 20 L.R.A. 
 
 545. 
 Withdrawal of property from auction sale 
 
 after. 57 L.R.A. 784; 20 L.R.A. (N.S.) 
 
 1133; L.R.A.1917A, 74. 
 Right of auctioneer or officer conducting 
 
 a sale to make. 20 L.R.A. 503. 
 
 AUDITOR. 
 
 See also ACCOUNTANT. 
 
 Power of courts to enforce 
 duties of state auditor. 
 (N.S.) 439. 
 
 ministerial 
 52 L.R.A. 
 
 AUGUR BIT. 
 
 Master's liability for injury by defects in. 
 51 L.R.A.(N.S.) 338. 
 
 AUNT. 
 
 Insurable interest in life of. 54 L.R.A. 233. 
 Implied agreement to pay for services ren- 
 dered to. 11 L.R.A.(N.S.) 884. 
 
 AUSTRALIAN BALLOT. 
 
 Constitutionality of Australian ballot stat- 
 utes. 16 L.R.A. 764. 
 
 AUTHENTICATION. 
 
 Of documents introduced in evidence, see 
 EVIDENCE, V. 
 
 Of papers used for purposes of extradition. 
 28 L.R.A. 804. 
 
 AUTHORITY. 
 
 Of attorneys, see ATTORNEYS, 12-16. 
 To execute commercial paper, see BILLS AND 
 
 NOTES, 11. 
 To pay negotiable instruments, see BILLS 
 
 AND NOTES, 60. 
 Of broker, see BROKERS, 2-4. 
 Of employee, see MASTER AND SERVANT, 
 
 17-18a. 
 
 Of agent, see PRINCIPAL AND AGENT, IV. 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 34, 35. ' At railroad crossing, see RAILROADS, 66. 
 
 Consult also L.R.A. Digests of Cases. 
 
 AUTHORITY cont'd 
 
 Relevancy of evidence as to, see EVIDENCE, 
 
 282. 
 Question for jury as to, see TRIAL, 30. 
 
 AUTHORS. 
 
 Copyrights of works of, see COPYRIGHT. 
 
 Rights in literary work as between master 
 and servant, see MASTER AND SERV- 
 ANT, 14. 
 
 Common-law rights on, in intellectual pro- 
 ductions. 51 L.R.A. 353; 43 L.R.A. 
 (N.S.) 639. 
 
 Validity of contract in restraint of trade 
 in publications of. 22 L.R.A. 674. 
 
 Rights and remedies of author who has 
 parted with property rights in work. 
 3 L.R.A. (N.S.) 629. 
 
 AUTHORSHIP. 
 
 As to authors, see AUTHORS. 
 
 Competency of nonexpert to testify as to, 
 when basing his opinion on letters pur- 
 porting to come from the person whose 
 handwriting is in question. 7 L.R.A. 
 (N.S.) 557. 
 
 AUTOMATIC COUPLERS. 
 
 State statute requiring automatic couplers 
 on cars as interference with interstate 
 commerce. 52 L.R.A. (N.S.) 269. 
 
 AUTOMATIC DEVICE. 
 
 Requiring passenger to put coin in auto- 
 matic registering device." 32 L.R.A. 
 (N.S.) 695. 
 
 AUTOMATIC MOVEMENTS. 
 
 Duty of master to warn servant of danger 
 from automatic movement of bodies. 
 44 L.R.A.(N.S.) 779. 
 
 AUTOMATIC OPERATION. 
 
 Of option provisions in life insurance pol- 
 icy. 25 L.R.A.(N.S.) 803. 
 
 AUTOMATIC SIGNALS.
 
 74 
 
 INDEX TO L.R.A. NOTES. 
 
 AUTOMOBILES. 
 
 1. In general. 
 
 As to motorcycles, see MOTORCYCLES. 
 
 Person or company operating passenger au- 
 tomobile for hire as a common carrier. 
 L.R.A.1918F, 468. 
 
 Exemption of automobile from seizure for 
 debt. 49 L.R.A. (N.S.) 691. 
 
 Constitutionality of statutes giving lien on 
 automobile for injuries done by it. 
 L.R.A.1917E, 928. 
 
 Lien upon automobile for repairs or stor- 
 age. L.R.A.1918D, 330. 
 
 Liability of manufacturer to servant with 
 respect to automobile testing track. 49 
 L.R.A.(N.S.) 883. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of business by dealer 
 in automobiles and accessories as af- 
 fected by its territorial scope. L.R.A. 
 1916C, 631. 
 
 Measure of . damages for damage to auto- 
 mobile used for pleasure. L.R.A. 1915C, 
 319. 
 
 Right to use automobile on private right of 
 way. L.R.A.1918A, 263. 
 
 Right to take toll for use of road or bridge 
 by automobile. L.R.A.1917E, 562. 
 
 Liability for striking one engaged about an 
 automobile in a highway. L.R.A.1917B, 
 319. 
 
 la. Regulation and control by pub- 
 lic. 
 
 As to regulation of jitney busses, see JITNEY 
 BUSSES. 
 
 Power of municipality over interurban ve- 
 hicles used for hire. L.R.A.1918B, 
 891. 
 
 Registration. 1 L.R.A. (N.S.) 215. 
 Numbering. 1 L.R.A. (N.S.) 215. 
 Tax. 1 L.R.A.(N.S.) 215. 
 License. 1 L.R.A.(N.S.) 215; 21 L.R.A. 
 (N.S.) 41; 37 L.R.A.(N.S.) 440; 
 52 L.R.A.(N.S.) 949; L.R.A.1915D, 
 322. 
 
 Operating without license. 23 L.R.A. 
 (N.S.) 561; 25 L.R.A.(N.S.) 734; 
 35 L.R.A.(N.S.) 699; 41 L.R.A. 
 (N.S.) 308; 52 L.R.A. (N.S.) 801; 
 L.R.A.1915D, 628; L.R.A.1916E, 
 1225. 
 Regulation of automobiles used for hire. 
 
 1 L.R.A. (N.S.) 222. 
 
 Power to prescribe qualifications of chauf- 
 feurs. 37 L.R.A.(N.S.) 303. 
 Safety appliances. 1 L.R.A.(N.S.) 219. 
 Speed. 1 L.R.A.(N.S.) 219; L.R.A.1918D, 
 
 132. 
 
 Lights. L.R.A.1918B, 828. 
 Prohibited hours and places. 1 L.R.A 
 
 (N.S.) 219; 26 L.R.A. (N.S.) 502. 
 Restrictions as to transportation of gaso- 
 lene. 1 L.R.A.(N.S.) 223. 
 Regulation as to parking or leaving auto- 
 mobiles standing in street. L.R.A. 
 1917F, 352. 
 
 Power to require one who lias caused in- 
 jury to identify himself. 40 L.R.A. 
 (N.S.) 622. 
 
 Begin ivifh this book on every law question. 
 
 AUTOMOBILES confd 
 
 Power to prohibit use of automobile upon 
 public thoroughfares. L.R.A.1915E, 
 264. 
 
 Private action for violation of statute reg- 
 ulating use of motor vehicles. L.R.A. 
 1915E, 540. 
 
 2. Duty and negligence of operator. 
 
 Contributory negligence of operator, see 
 
 infra, 7. 
 Rule of the road generally, see NEGLIGENCE, 
 
 25. 
 
 Assault by negligent operation of automo- 
 bile. L.R.A.1917D, 950.. 
 
 Homicide by negligent operation of auto- 
 mobile. 30 L.R.A.(X.S.) 458; 33 
 L.R.A. (N.S.) 403; L.R.A.1918B, 954. 
 
 Intoxication of person operating automobile. 
 L.R.A.1917A, 313. 
 
 Duty owed to others by one blinded by light 
 on highway. L.R.A.1917E, 1045. 
 
 Duty to stop to avoid collision with pedes- 
 trian. 24 L.R.A. (N.S.) 557. 
 
 Liability for collision with bicyclist. 28 
 L.R.A.(N.S.) 944. 
 
 Duty when horses encountered on highway. 
 1 L.R.A.(N.S.) 223; 224; 14. L.R.A. 
 (N.S.) 251; 48 L.R.A. (N.S.) 946. 
 
 Reciprocal duty of operator and pedestrian 
 to use care. 38 L.R.A. (N.S.) 487; 42 
 L.R.A.(N.S.) 1178; 51 L.R.A.(N.S.) 
 990. 
 
 Reciprocal duty of driver and children in 
 street. L.R.A.1918A, 245. 
 
 Signal of traffic officer as affecting duty of 
 travelers to exercise care. L.R.A. 
 1917B, 137. 
 
 Liability for crowding automobile off the 
 road. 51 L.R.A. (N.S.) 453. 
 
 Liability for collision between automobiles 
 or an automobile and another ve- 
 hicle at or near corner of streets 
 or highways. L.R.A.1916A, 745. 
 
 2a. Liability generally for injury by 
 car. 
 
 Liability for injuries by automobile set in 
 
 motion by stranger. L.R.A. 19 17D, 
 
 867. 
 Responsibility of guest for injury to third 
 
 person through negligence of person 
 
 driving car, L.R.A.1915E, 439. 
 Liability of one other than owner, operator, 
 
 or guest, for injury by car. L.R.A. 
 
 1915E, 436. 
 Injury by skidding due to oiling streets. 
 
 L.R.A.1917F, 712. 
 
 3. Responsibility of owner when car 
 operated by another. 
 
 Liability of co-owners. L.R.A.191GE, 1301, 
 Liability of joint owners of automobile for 
 
 torts of common servant. 51 L.R.A. 
 
 (N.S.) 1116. 
 Validity of statute making owner liable for 
 
 injuries by automobile being used by 
 
 another. 45 L.R.A. (N.S.) 699; L.R.A, 
 
 1918A, 918.
 
 INDEX TO L.R.A. NOTES. 
 
 75 
 
 .AUTOMOBILES cont'd 
 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car or employment of driver. 46 L.R.A. 
 (N.S.) 1091; L.R.A.1918D, 924. 
 
 When car is being used by servant or an- 
 other for his own pleasure or busi- 
 ness. 1 L.R.A.(N.S.) 235; 9 L.R.A. 
 (N.S.) 1033; 14 L.R.A. (N.S.) 216; 
 21 L.R.A.(N.S.) 93; 26 L.R.A.(N.S.) 
 382; 33 L.R.A. (N.S.) 79; 37 L.R.A. 
 (N.S.) 834; 47 L.R.A. (N.S.) 662; 
 L.R.A.1916A, 957. 
 
 Liability of owner upon the ground of dan- 
 gerous agency, or of negligence in 
 intrusting car to incompetent or 
 negligent person, for injuries in- 
 flicted while latter is operating car 
 for his own purpose. L.R.A.1915D. 
 691; L.R.A.1916E, 1295; L.R.A. 
 1917F, 384. 
 
 Liability of owner for injury inflicted by 
 car while being run by one to whom it 
 has been intrusted for storage or re- 
 pairs. 51 L.R.A. (N.S.) 772; L.R.A. 
 ]91CB, 762. 
 
 Liability of master for injury to person rid- 
 ing with servant by latter's invitation 
 or permission. L.R.A.1917F, 425. 
 
 When car is being used by borrower or 
 hirer. 33 L.R.A.(N.S.) 81. 
 
 Liability of automobile owner for negli- 
 gence of chauffeur furnished by third 
 person. 39 L.R.A. (N.S.) 933; 48 
 L.R.A. (N.S.) 424. 
 
 Liability where automobile is being used 
 by a member of owner's family. 41 
 L.R.A.(N.S.) 775; 50 L.R.A. (N.S.) 59; 
 L.R.A.1916F, 223; L.R.A.1917F, 365; 
 L.R.A.1918F, 297. 
 
 Who is responsible for negligence of chauf- 
 feur operating a leased or demonstrat- 
 ing car. 40 L.R.A. (N.S.) 457; 44 
 L.R.A.(N.S.) 113; 51 L.R.A. (N.S.) 
 1164. 
 
 3a. Liability of one giving instruc- 
 tions in driving. 
 
 Liability of one undertaking to give in- 
 struction in driving automobile for neg- 
 ligent operation during instruction. 
 L.R.A.1917A, 397. 
 
 4. Duty and liability to operator or 
 person using. 
 
 Generally. 1 L.R.A. (N.S.) 237. 
 
 Automobile owner's liability for injury to 
 servant. 46 L.R.A. (N.S.) 1183; L.R.A. 
 1917D, 116; L.R.A.1918E, 416. 
 
 Duty as to condition of highway. 1 
 L.R.A.(N.S.) 237; 14 L.R.A. (N.S.) 816. 
 
 Municipal liability for injury to persons 
 using automobiles by defect or obstruc- 
 tion in street. 20 L.R.A.(N.S.) 756. 
 
 Liability in case of collision of automobile 
 with car standing on railroad crossing. 
 L.R.A.1918E, 792. 
 
 Liability for injury to occupant by skid- 
 ding of automobile due to oiling street. 
 L.R.A.1917F, 712. 
 
 Liability of manufacturer or dealer for per- 
 sonal injuries caused by defects in au- 
 
 Consult also L.R.A. Digests of Cases. 
 
 AUTOMOBILES cont'd 
 
 tomobile. 37 L.R.A.(N.S.) 560; L.R.A. 
 
 1915E, 287; L.R.A.1916F, 704. 
 5. Speed; evidence. 
 Speed at which driver approaches railroad 
 
 crossing as contributory negligence, see 
 
 infra, 7. 
 
 Public regulations as to. 1 L.R.A. (N.S.) 
 219; L.R.A.1918D, 132. 
 
 Effect of speed and application of speod 
 regulations on liability for collision be- 
 tween automobiles, or an automobile 
 and another vehicle, at or near corner of 
 streets or highways. L.R.A.1916A, 747. 
 
 Speed of automobile as negligence. 25 
 L.R.A.(N.S.) 40; 38 L.R.A.(N.S-) 488; 
 51 L.R.A.(N.S.) 993. 
 
 Res ipsa loquitur. 32 L.R.A. (N.S.) 1177. 
 
 Evidence as to speed of automobile. 34 
 
 L.R.A.(N.S.) 778. 
 Opinion evidence. L.R.A. 1918A, 705. 
 
 Admissibility, in prosecution for driving at 
 dangerous speed, of evidence of traffic 
 reasonably to be expected upon high- 
 way. 2 B. R. C. 201. 
 
 6. Contributory negligence. 
 
 Contributory negligence in violating rule of 
 the road generally, see NEGLIGENCE, 
 40. 
 
 Effect of contributory negligence on homi- 
 cide by negligent operation of automo- 
 bile. L.R.A.1918B, 957. 
 
 Reciprocal duty of driver of automobile and 
 children in street. L.R.A.1918A, 245. 
 
 Reciprocal duty of operator of automobile 
 and pedestrian to use care. 51 L.R.A. 
 (N.S.) 990. .,;., 
 
 Duty of pedestrians to look out for- auto- 
 mobiles. 3 L.R.A.(N.S.) 345; 20 
 L.R.A.(N.S.) 232; 38 L.R.A.(N.S.) 
 488; 42 L.R.A. (N.S.) 1179. 
 
 Signal of traffic officer as affecting duty of 
 travelers to exercise care. L.R.A.1917B, 
 137. 
 
 Negligence of child running in front of au- 
 tomobile. 26 L.R.A.(N.S.) 435. 
 
 Attempting to pass automobile with fright- 
 ened horse. 1 L.R.A.(N.S.) 228; 31 
 L.R.A.(N.S.) 1J37. 
 
 Contributory negligence of driver of horse 
 encountering automobile on high- 
 way. 50 L.R.A.(N.S.) 566. 
 
 Contributory negligence of passenger riding 
 in automobile driven by another pre- 
 cluding recovery against third person 
 for injury. L.R.A.1915B, 953. 
 
 Violation of statute or ordinance by plain- 
 tiff as precluding recovery. L.R.A. 
 1915E, 961. 
 
 Defendant's violation of law as affecting de- 
 fense of contributory negligence. L.R.A. 
 1915D, 968. 
 
 7. of operator. 
 
 Care required of driver of automobile at 
 railroad crossing. 21 L.R.A. (N.S.) 
 794; 29 L.R.A.(N.S.) 924; 46 L.R.A. 
 (N.S.) 702. 
 
 Intoxication of person operating automo- 
 bile. L.R.A.1917A, 313.
 
 76 
 
 INDEX TO L.R.A. NOTES. 
 
 AUTOMOBILES confd 
 
 Violation of statute or ordinance by plain- 
 tiff as precluding recovery for negli- 
 gence in action by driver or owner of 
 automobile. L.R.A.1915B, 900. 
 
 Imputed negligence of passenger riding in 
 automobile driven by another preclud- 
 ing recovery against third person for 
 injury. L.R.A. 1915B, 953. 
 
 8. Injury to guest or passenger, or 
 <! va nt riding in car. 
 
 n.'gulation of automobiles for hire. 1 L.R.A. 
 i.N T .R.) 222. 
 
 Liability for -injury to passenger. 21 
 1..li.A.(\.S.) 81; 8f> L.R.A. (N.S.) 658. 
 
 Owner's liability for injury to servant rid- 
 ing in car. 46 L.R.A.(N.S:) 1183; 
 L.R.A.1918E, 416. 
 
 Liability of owner or operator for injury to 
 guest. 50 L.R.A. (N.S.) 1100: L.R.A. 
 1916E, 1193; L.R.A.1918C, 276. 
 
 Applicability of doctrine of res ipsa lo- 
 quitur wjiere accident to passenger is 
 occasioned by skidding of vehicle. 3 
 B. R. C. 97. 
 
 9. Garage; gasolene stations. 
 
 Right of owner of garage to lien. 1 L.R.A. 
 
 (N.S.) 240. 
 As within restrictive covenant. 34 L.R.A. 
 
 (N.S.) 730. 
 Prohibition or regulation of garage. L.R.A. 
 
 1915D, 603. 
 
 Garage as a nuisance. L.R.A.1917E, 369. 
 Duty and liability of garage keeper to 
 owner of cars. 45 L.R.A. (N.S.) 
 314; 48 L.R.A.(N.S.) 561. 
 Gasolene stations. L.R.A.1917F, 1005. 
 
 1O. Insurance. 
 
 See INSURANCE, 221. 
 
 8 11. Automobile distribution contract. 
 
 Whether contract of agency or sale. L.R.A. 
 
 1015B, 110. 
 
 Validity as affected by provision for cancel- 
 ing. L.R.A.1915B, 110. 
 
 Validity as affected by indefinite description 
 of machines to be furnished under the 
 contract. L.R.A.1915B, 113. 
 Validity under antimonopoly laws. L.R.A. 
 
 19i5B, 113. 
 Breach of contract by dealer. L.R.A.1915B, 
 
 113. 
 
 Breach by manufacturer by selling auto- 
 mobiles in dealer's territory. 
 L.R.A.1915B, 114. 
 
 Measure of damages for breach by manu- 
 facturer. L.R.A.1915B, 114. 
 Measure of damages for breach by dealer. 
 L.R.A.1915B, 117. 
 
 AUTOPSY. 
 
 Provision in insurance policy as to, see IN- 
 SURANCE, 91a. 
 See also POST MORTEM. 
 
 Power of coroner to order. 31 L.R.A. 540. 
 Right of court to order disinterment of 
 
 corpse for evidential purposes. 22 
 
 L.R.A.(N.S.) 513. 
 
 AUTOPSY cont'd 
 
 Privilege as to information acquired by. 
 38 L.R.A.(N.S.) 1186. 
 
 Liability for damages for performing au- 
 topsy. L.R.A.1918D, 404. 
 
 AVERAGE. 
 
 Admiralty jurisdiction of. 66 L.R.A. 234. 
 Maritime lien for. 70 L.R.A. 363, 375. 
 
 AVERAGE EARNINGS. 
 
 To which injured workman is entitled under 
 workmen's compensation act. L.R.A. 
 1916A, 149, 373; L.R.A.1917D, 175. 
 
 AVOIDANCE. 
 
 Of contract by infant, see INFANTS, 21- 
 23. 
 
 AWARD. 
 
 Of arbitrators, see ARBITRATION, 5, 8. 
 In condemnation proceedings, see EMINENT 
 DOMAIN, 31. 
 
 Begin with, this book, on every law question. 
 
 AWNINGS. 
 
 1. Generally. 
 
 Right to maintain in streets. 26 L.R.A. 
 
 340. 
 Power of municipal corporation to compel 
 
 removal of awnings enci aching on 
 
 street. 20 L.R.A.(N.S.) 146; L.R.A. 
 
 1916O, 564. 
 Municipal regulation of, as nuisances. 39 
 
 L.R.A. 667. 
 Special damage from awning or structure 
 
 overhanging street which will sustain 
 
 action by private person to abate or 
 
 enjoin it as a nuisance. 48 L.R.A. 
 
 (N.S.) 173. 
 Extension of, beyond line as violation of 
 
 building restriction. 52 L.R.A. (N.S.) 
 
 1052. 
 
 2. Liability for injury by. 
 
 As causes contributory to injury by ice 
 on street or sidewalk. 21 L.R.A. 
 276. 
 
 Liability of landlord to third persons for 
 condition of. 26 L.R.A. 200. 
 
 Liability for injury from fall of awning. 
 12 L.R.A.(N.S.') 721; 24 L.R.A.(N.S.) 
 139. 
 
 Municipal liability for injury by overhang- 
 ing awnings. 20 L.R.A. (N.S.) 645. 
 
 Violating ordinance as to, as ground for 
 private action. 5 L.R.A. (N.S.) 261.
 
 AX. 
 
 INDEX TO L.R.A. NOTES. 
 
 AYES AND NAYS. 
 
 Master's liability for injury by defect in. 
 
 13 L.R.A.(N.S.) 673. 
 As deadly weapon. 21 L.R.A.(N.S.) 506. 
 
 See YEAS AND NAYS. 
 
 B 
 
 BACK FIRE. 
 
 Is employee chargeable with knowledge of 
 danger of back fire from furnace. 45 
 L.R.A.(N.S.) 658. 
 
 BAD CHARACTER. 
 
 In general, see GHARACTEB. 
 
 Right to reject passenger because of. 43 
 L.R.A.(N.S.) 821. 
 
 BAD FAITH. 
 
 See also GOOD FAITH. 
 
 Effect of bailee's bad faith on hid right to 
 assert against bailor hostile, adverse, 
 paramount title of third person. 33 
 L.R.A.(N.S.) 694, 697. 
 
 Effect of bad faith in assignment on as- 
 signor's right to testify as to trans- 
 actions with or statements by deceased 
 person. 42 L.R.A. (N.S.) 320. 
 
 Effect of complainant's bad faith on right 
 to injunction against nuisance. 31 
 L.R.A.(N.S.) 897. 
 
 Right to maintain action to recover prop- 
 erty in specie against one who has 
 parted with it in bad faith. 18 L.R.A. 
 (N.S.) 1269. 
 
 Bad faith of assured as affecting estoppel 
 of insurer to set up falsity of answers 
 in application because of agent's knowl- 
 edge of such falsity. 14 L.R.A.(N.S.) 
 280. 
 
 In exercise of power of sale as affecting 
 marketability of title. 38 L.R.A. 
 (N.S.) 18. 
 
 BADGE. 
 
 Right to prohibit wearing of badge of so- 
 ciety by nonmember. 24 L.R.A. (N.S.) 
 795. 
 
 BAD MOTIV 7 E. 
 
 See MOTIVE. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BAGGAGE. 
 
 In general, see CARRIERS, 86-92; INN- 
 KEEPERS. 
 
 Forfeiture of dutiable articles in. 66 
 L.R.A.(N.S.) 130. 
 
 BAGGAGE CAB. 
 
 Passenger's riding in, as contributory 
 negligence. 16 L.R.A. 631. 
 
 .BAGGAGE CHECK. 
 
 Delivery of, to carrier, as delivery of bag- 
 gage. 14 L.R.A. (N.S.) 859. 
 
 BAGGAGE MASTER. 
 
 Carrier's liability for malicious acts of, 
 towards passengers. 4, L.R.A. (N.S.) 
 493. 
 
 BAGGAGE MEN. 
 
 As fellow servants. 50 L.R.A. 45G. 
 How far carrier is bound by baggage 
 
 acts in receiving articles as baggage. 
 
 10 L.R.A.(N.S.) 1119. 
 
 BAGGAGE TRANSFER COMPANY. 
 
 Liability of, see CARRIERS, 106. 
 
 Right of carrier to grant exclusive train 
 privilege to baggage or transfer com- 
 panies. 32 L.R.A.(N.S.) 1181. 
 
 BAIL AND RECOGNIZANCE. 
 
 1. Generally. 
 
 Special, in suit for slander by wife. 30 
 L.R.A. 530. 
 
 For future appearance in case of excessive 
 sentence. 45 L.R.A. 149, 158. 
 
 Delay of prosecution as ground for dis- 
 charge where accused out on bail. 56 
 L.R.A. 533.
 
 78 
 
 INDEX TO L.R.A. NOTES. 
 
 AND RECOGNIZANCE cont'd 
 
 Appearance by counsel on charge of mis- 
 demeanor as satisfaction of condition 
 of bail bond or recognizance. 27 
 L.R.A.(N.S.) 943. 
 
 \\ hat constitutes breach of ne exeat bond. 
 20 L.R.A.(N.S.) 76. 
 
 Form of judgment on bail bond. 62 L.R,A. 
 443. 
 
 Penalty as limit of liability on bail bond. 
 55 L.R.A. 391. 
 
 Right of nonresident to exemption from 
 service of process while within juris- 
 diction pursuant to condition of bail 
 bond. 27 L.R.A.(N.S.) 333; 51 L.R.A. 
 (N.S.) 328. 
 
 Witness fees to persons under detention or 
 recognizance. 20 L.R.A. 57. 
 
 Right to recover back deposit for release 
 of person illegally detained. 2 L.R.A. 
 (N.S.) 563. 
 
 Liability of officer's bond for failure to re- 
 turn money accepted in lieu of bail 
 bond. 39 L.R.A.(N.S.) 578. 
 
 Presumption as to time of alteration in 
 bail bond. 39 L.R.A. (N.S.) Ill, 115. 
 
 Deposit of cash in lieu of bail in criminal 
 cases, in absence of statutory au- 
 thority. 44 L.R.A. (N.S.) 1150. 
 
 'Time and place covered by recognizance or 
 bail bond in criminal case. L.R.A. 
 1916F, 363. 
 
 la. In capital case. 
 
 Bail as matter of right. 39 L.R.A.(N.S.) 
 752. 
 
 Who may admit to bail. 39 L.R.A.(N.S.) 
 758. 
 
 Bail before indictment. 39 L.R.A.(N.S.) 
 759. 
 
 Bail upon indictment. 39 L.R.A. (N.S.) 760. 
 
 Bail after indictment. 39 L.R.A. (N.S.) 766. 
 
 Application for bail on special grounds. 39 
 L.RjMN.S.) 769. 
 
 Burden of proof. 39 L.R.A.(N.S/) 772. 
 
 Amount of bail. 39 L.R.A. (N.S.) 782. 
 
 Rules governing appellate court on appli- 
 cation for bail. 39 L.R.A.(N.S.)784. 
 
 2. Right to; when admitted to. 
 
 Danger to health from confinement as 
 ground for removal, or release on bail. 
 31 L.R.A.(N.S.) 916. 
 
 Right of a Chinese person to bail in depor- 
 tation proceedings. 31 L.R.A. (N.S.) 
 1088. 
 
 Right to release on bail pending appeal un- 
 der a general statute. 37 L.R.A. (N.S.) 
 693. 
 
 Bail in capital case as a matter of right. 
 39 L.R.A.(N.S.) 752. 
 
 Right to release pending appeal from con- 
 viction, upon taking pauper's oath. 
 L.R.A.1916F, 106. 
 
 Right to bail pending attempt to avoid body 
 execution. L.R.A.1915E, 340. 
 
 BAIL AND RECOGNIZANCE cont'd 
 4. Execution of. 
 
 Effect of insertion of unauthorised provi- 
 sions in bond. L.R.A.1917B, 990. 
 
 Execution of bail bond on condition that 
 others shall sign. 45 L.R.A. 334. 
 
 Effect of delivery of bail bond unsigned by 
 principal obligor. 12 L.R.A. (N.S.) 
 1118. 
 
 5. Necessity and sufficiency of de- 
 scription of offense in. 
 
 Necessity of description. 38 L.R.A. (N.S.) 
 
 310. 
 Sufficiency of description in states other 
 
 than Texas. 38 L.R.A. (N.S.) 312. 
 Texas decisions under early statute. 38 
 
 L.R.A. (N.S.) 319. 
 Texas decisions under later statute. 38 
 
 L.R.A. (N.S.) 324. 
 Variance. 38 L.R.A.(N.S.) 325. 
 Charging offense in alternative, duplicity. 
 38 L.R.A. (N.S.) 328. 
 
 6. Effect of release on. 
 
 Release on bail as affecting right to habeas 
 corpus. 35 L.R.A. (N.S.) 882. 
 
 Release upon defendant's own recognizance 
 .or on bail as affecting damages recover- 
 able in action for false imprisonment. 
 22 L.R.A.(N.S.) 1196. 
 
 7. Liability of sureties. 
 
 Effect of granting new trial after a convic- 
 tion, to extend the liability of accused's 
 bond. 20 L.R.A. (N.S.) "861. 
 
 Liability of sureties on bail bond where 
 judgment is in favor of one principal 
 and against another. 51 L.R.A. (N.S.) 
 661. 
 
 Liability of bail where principal fails to ap- 
 pear for no fault of his own. 23 
 L.R.A.(N.S.) 137; 30 L.R.A. (N.S.) 
 211; 50 L.R.A.(N.S.) 252. 
 
 Effect upon surety on bail bond or recog- 
 nizance of judgment against principal. 
 40 L.R.A.(N.S.) 746. 
 
 8. Rights of sureties; release. 
 
 Right of sureties on bail bond to pursue 
 their principal into another state for 
 the purpose of arresting him. 14 
 L.R.A. 605. 
 
 Discharge of, as terminating prosecution 
 so as to support suit for malicious 
 prosecution. 2 L.R.A.(N.S.) 940. 
 
 Amendment of claim or pleading as dis- 
 charge of surety on bail bond in civil 
 actions. 42 L.R.A. (N.S.) 484. 
 
 Taking accused into custody as release of 
 surety. 44 L.R.A.(N.S.) 1065. 
 
 9. Indemnity to sureties. 
 
 Indemnity to, in criminal cases. 14 L.R.A. 
 
 78. 
 Validity of agreement to indemnify bail 
 
 in a criminal case. 20 L.R.A. (N.S.) 
 
 58. 
 
 10. Forfeiture of bond. 
 
 3. Who may take. 
 
 Power of clerk of court to take. 1 L.R.A. Necessity of calling accused and entering 
 (N.S.) 849. his default in order to sustain forfeit- 
 
 Who may admit to bail in capital case, i ure of recognizance. 5 L.R.A. (N.S.) 
 39 L.R.A. (N.S.) 758. 402. 
 
 Scgin with this book on every la\v question.
 
 INDEX TO L.R.A. NOTES. 
 
 79 
 
 BAILIFF. 
 
 Coercion of disagreeing jury by. 16 L.R.A. 
 
 644. 
 Improper influence or interference with 
 
 grand jury by. 28 L.R.A. 371. 
 Unauthorized "presence of, in grand jury 
 
 room, as affecting indictment. L.R.A. 
 
 1916D, 1125. 
 
 BAILMENT. 
 
 1. Generally. 
 
 Embezzlement by bailee, see EMBEZZLE- 
 MENT, 3. 
 
 As to warehouseman, see WAREHOUSEMAN. 
 See also INNKEEPERS. 
 
 Power of officer or employee to bind bank by 
 agreement for bailment other than one 
 conceded to be a special deposit. L.R.A. 
 1915B, 542. 
 
 Insurance on property held by bailees. 52 
 L.R.A. 341. 
 
 Reservation of title, as against creditors 
 in bailment for sale. 22 L.R.A. 850. 
 
 Person in charge of a vehicle, under a con- 
 tract purporting to be a bailment or 
 lease, as- a servant of the owner as to 
 third persons injured by the vehicle. 
 6 L.R.A.(N.S.) 544. 
 
 Interpleader between bailor and bailee. 10 
 L.R.A.(N.S.) 756. 
 
 Laying ownership in bailee in indictment 
 for obtaining property by false pre- 
 tenses. 22 L.R.A.(N.S.) 645. 
 
 Effect of bailee's consent to taking of prop- 
 erty on crime of larceny. 7 L.R.A. 
 (N.S.) 1149. 
 
 Garnishment of negotiable paper in cus- 
 tody of bailee. L.R.A.1918C, 755. 
 
 2. What constitutes. 
 
 Construction of contract having some pro- 
 visions peculiar to consignment and 
 agency contracts and others to sale 
 contracts. L.R.A.1917B, 626. 
 
 Distinction between bailment and loan of 
 money. L.R.A.1916F, 92. 
 
 Distinguished from special deposit within 
 rule that national bank may receive 
 special deposits. L.R.A.1918A, 75. 
 
 Public officer depositing funds in bank 
 which fails as bailee. 36 L.R.A. 
 (N.S.) 290. 
 
 3. Rights of bailor. 
 
 Apparent ownership of bailee as affecting 
 right of bailor to claim title against 
 bailee's vendees or creditors. 25 
 L.R.A. (N.S.) 761, 776. 
 
 4. Rights of bailee. 
 
 Right of bailee to assert against his bailor 
 the hostile, adverse, paramount ti- 
 tle of a third person. 33 L.R.A. 
 (N.S.) 681; L.R.A.1918B, 662. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BAILMENT cont'd 
 
 Right of one in possession of another's prop- 
 erty to appropriate it to an executory 
 contract with the latter. 36 L.R.A. 
 (N.S.) 622. 
 
 Right of bailee to recover for damage to 
 or conversion of property. 3 B. 
 R. C. 388. 
 
 5. Duty and liability of bailee. 
 
 Duty and liability of garage keeper, see 
 
 AUTOMOBILES, 9. 
 Liability of warehouseman, see WAREHOUSE' 
 
 MEN, 4. 
 
 Presumption and burden of proof as to care 
 1 or negligence in respect to subject of, 
 43 L.R.A.(N.S.) 1168. 
 
 Right of action for negligent breach of 
 gratuitous undertaking. 12 L.R.A. 
 (N.S:) 929, 931. 
 
 Dutv and liability of owner of boat livery. 
 "L.R.A.1917F, 860. 
 
 Liability of carrier for lost property in 
 check room. 29 L.R.A. (N.S.) 834. 
 
 Duty of bank as to payment of money held 
 as bailee. 21 L.R.A. (N.S.) 816. 
 
 Liability of bailee of bicycle. 47 L.R.A. 
 305. 
 
 Care required of keeper of boarding stable. 
 23 L.R.A. (N.S.) 188. 
 
 Liability of livery-stable keeper for loss of 
 property of patron. 3 L.R.A. (N.S.) 
 348. 
 
 Liability of pledgee of stock as a share- 
 holder. 36 L.R.A. 139. 
 
 Liability of keeper of bath house for loss 
 of guest's valuables. 6 L.R.A.(N.S.) 
 828. 
 
 Liability of storekeeper for property sto- 
 len from customer. 10 L.R.A. (N.S.) 
 314. 
 
 Liability for negligent performance by sel- 
 ler of agreement to ship goods, by rea- 
 son of which they are lost. 12 L.R.A. 
 . (N.S.) 679. 
 
 Liability of a bailee under a contract re- 
 quiring him to return or pay for the 
 subject of the bailment, in case of its 
 loss or destruction without fault on 
 his part. 14 L.R.A. (N.S.) 1090. 
 
 Liability of bailee for interest. 28 L.R.A. 
 (N.S.) 6. 
 
 Duty of bailee as to repair of subject of 
 bailment for use. 52 L.R.A. (N.S.) 412. 
 
 Liability for loss of, or injury to, property 
 upon exhibition. L.R.A.1915A, 594. 
 
 Liability of bailee under special terms of 
 contract for care or return of sub- 
 ject of bailment. 1 L.R.A.1915B, 
 295. 
 
 6. of horse or vehicle. 
 
 Presumption and burden of proof as to care 
 or negligence in case of hire or loan of 
 horses and carriages. 43 L.R.A. (N.S.) 
 1181. 
 
 Liability of hirer of norse under special 
 terms of contract for its care or re- 
 turn. L.R.A.1915B, 304.
 
 80 
 
 INDEX TO L.R.A. NOTES. 
 
 BAILMENT cont'd 
 
 Liability of hirer of team for damage to 
 
 team or wagon by negligence of drive 
 
 in general employ of owner. L.R.A 
 
 1916F, 1039. 
 Liability of hirer for driving team to plac 
 
 where it was not hired to go. 26 
 
 L.R.A. 366. 
 Liability of hirer for injury to horse while 
 
 being used for a purpose other than 
 
 that for which it was hired. 28 
 
 L.R.A.(N.S.) 1106. 
 Who is responsible for acts of driver fur 
 
 nished with a hired vehicle. 13 L.R.A 
 
 (N.S.) 1122; 16 L.R.A.(N.S.) 816; 
 
 25 L.R.A.(N.S.) 33; 38 L.R.A. (N.S.) 
 
 973; 44 L.R.A.(N.S.) 113; 1 L.R.A 
 
 (N.S.) 1164; L.R.A.1918E, 121. 
 
 7. of goods in cold storage. 
 
 Liability of bailee for damages to goods 
 received for cold storage. 52 L.R.A 
 106; 38 L.R.A. (N.S.) 994. 
 Presumption and burden of proof as to 
 care or negligence in respect to goods 
 in cold storage. 43 L.R.A fVRj 1188. 
 liability under special terms of contract for 
 care or return of subject of bailment 
 L.R.A 1915B, 304. 
 
 8. of infant bailee. 
 
 Criminal responsibility of child for larceny 
 
 while bailee. 36 L.R.A. 202. 
 Liability of infant bailee for negligence or 
 
 wilful injury. 57 L.R.A. 680. 
 
 9. delivery to third person. 
 
 Duty of carrier to recognize demands of 
 stranger on property delivered to it 
 for transportation. 12 L.R.A. (N.S.) 
 254. 
 
 10. liability for conversion. 
 
 Conversion of coin by bailee, payment for 
 in coin. 29 L.R.A. 522. 
 
 Liability of bailee for wrongful appropria- 
 tion by his servant of thing bailed. 
 29 L.R.A. 92. 
 
 Liability of bailee (other than a common 
 carrier or innkeeper) for theft com- 
 mitted by servant. 4 B. R. C. 562. 
 
 Liability of bailee for articles which acci- 
 dentally come into his possession with 
 subject of bailment. L.R.A. 1915C, 712. 
 
 11. Duty and liability of bailor. 
 
 Liability to servants of bailee for injuries 
 caused by condition of thing bailed. 
 46 L.R.A.' 115. 
 
 Responsibility of lender of chattel for in- 
 juries to the borrower or a third person 
 due to its unsafe condition. 12 L.R.A. 
 (N.S.) 632. 
 
 Imputing bailee's negligence to bailor in ac- 
 tion by latter against third person for 
 destruction of property. 17 L.R A. 
 (N.S.) 925; 27 L.R. A. (N.S.) 690. 
 
 Improvement of personal property at re- 
 quest of bailee as creating " liability 
 against the bailor or the property. 38 
 L.R.A.(N.S.) 97. 
 
 Jtcyin ivith thin &oo7c on every laiv question. 
 
 BAILMENT cont'd 
 
 Duty of bailor as to repair of subject of 
 
 bailment for use. 52 L.R.A. (N.S.) 
 
 412. 
 
 12. of horse or vehicle. 
 
 Implied warranty of horse or vehicle. 19 
 L.R.A. 283. 
 
 Duty to inform bailee as to character f 
 horse. 12 L.R.A. 397. 
 
 Duty of livery stable keeper as to charac- 
 ter of horse. 25 L.R. A. (N.S.) 372. 
 
 Who responsible for acts of driver of hired 
 vehicle. 13 L.R.A. (N.S.) 1122- 16 
 L.R. A. (N.S.) 816; 25 L.R.A. (N.S.) 33- 
 44 L.R.A.(N.S.) 113; 51 L.R.A.(N.S) 
 1164; L.R.A.1918E, 121. 
 
 Liability of owner for negligence of bor- 
 rower or hirer of automobile. 33 
 L.R.A.(N.S.) 81. 
 
 BAKERIES. 
 
 Constitutionality of statutes regulating, se 
 
 CONSTITUTIONAL LAW, 48. 
 Municipal control over, see MUNICIPAL POB- 
 
 POBATIONS, 43. 
 
 Validity of restrictive agreement ancillary 
 to sale of business of. 24 L.R A 
 (N.S.) 929; L.R.A.1916C, 630. 
 
 Law prohibiting operation of bakery upon 
 certain premises. 44 L.R.A. (N.S.) 48. 
 
 BALES. 
 
 Sufficiency of delivery of cotton sold in 
 bales out of a larger lot. 26 L.R.A 
 (N.S.) 32. 
 
 BALLOON ASCENSION. 
 
 Liability of one maintaining place of amuse- 
 ment for injury to patron in connection 
 with. 14 L.R.A.(N.S.) 285; 32 L.R.A. 
 (N.S.) 717; L.R.A.1915F, 690. 
 
 BALLOT BOXES. 
 
 Protection of, see ELECTIONS, 22. 
 
 Power of courts to require ballot boxes to 
 be produced and opened in proceedings 
 other than election contests. 33 L.R.A. 
 386. 
 
 BALLOT MACHINES. 
 
 See- ELECTIONS, 23. 
 
 BALLOTS. 
 
 See ELECTIONS, 19-23.
 
 INDEX TO L.R.A. NOTES. 
 
 81 
 
 BALL PLAYING. 
 
 See also BASE BALL. 
 
 Reciprocal duty of driver of automobile and 
 child playing ball in street. L.R.A. 
 1918A, 258. 
 
 BANK BILLS. 
 
 Right to set off against insolvent bank, bills 
 purchased after insolvency. 21 L.R.A. 
 282. 
 
 BANK BOOK. 
 
 Gift of, see BANKS, 12, 12a. 
 
 Admissibility in evidence of entries in, 53 
 L.RJL. 628, 536. 
 
 'BANK EXAMINER. 
 
 Validity of obligation given bank as af- 
 fected by concealment of illegal trans- 
 actions from. 20 L.R.A.(N.S.) 993; 
 34 L.R.A.(N.S.) 105; L.R.A.1916A, 
 1218. 
 
 BANK GUARANTY LAW. 
 
 Fee EANKS, 52. 
 
 BANKING PAPER. 
 
 Set-off of, in bankruptcy cases. 55 L.R.A. 
 40. 
 
 BANKRUPTCY. 
 
 /. In general, 1-7. 
 II. Jurisdiction, <S. 
 ///. Relation of bankrupt law to as- 
 signments and insolvency pro- 
 ceedings under state laivs, 9. 
 IV. Effect of bankruptcy proceedings, 
 
 10, 11. 
 
 V. Priority of rights, 12. 
 VI. Preferences and transfers by 
 
 bankrupt, 13-17. 
 VII. Assets and their collection, 
 
 18-22. 
 VIII. Rights and liability of trustee 
 
 generally, 23. 
 
 IX. Claims against estate; distribu- 
 tion, 24-31. 
 X. Discharge and its effect, 32- 
 
 36. 
 Consult also L.R.A. Digests of Cases. 
 
 BANKRUPTCY cont'd 
 
 I. In general. 
 
 1. Generally. 
 
 Of corporation, see COEPOBATIONS, 134- 
 
 137. 
 Self-crimination of bankrupt, see CRIMINAL 
 
 LAW, 49. 
 Effect of fraud in bankruptcy matters, see 
 
 FBAUD AND DECEIT, 31. 
 Insolvency, see INSOLVENCY. 
 Transfer of insurance policy in case of, see 
 
 INSUBANCE, 123. 
 
 Who is within protection of provision of 
 Bankruptcy Act as to use in criminal 
 proceeding of testimony given by bank- 
 rupt. L.R.A.1917B, 614. 
 
 Metkod f review of controversies arising 
 in bankruptcy proceedings. 10 L.R.A. 
 (N.S.) 765. 
 
 First and last days in computing time for 
 matters of. 49 L.R.A. 240. 
 
 Right of bankrupt or creditors of bankrupt 
 to intervene in an action to which the 
 -trustee is a party. L.R.A.1916C, 639. 
 
 Dower in land subject to purchase money 
 mortgage sold in bankruptcy proceed- 
 ings against husband. 52 L.R.A. (N.S.) 
 549. 
 
 Debts to be considered in determining exist- 
 ence of amount of indebtedness neces- 
 , sary to adjudge one an involuntary 
 bankrupt. L.R.A.1916E, 631. 
 
 Liability for instituting bankruptcy pro- 
 ceedings against one not subject there- 
 to. 34 L.R.A. (N.S.) 456. 
 
 Right to examine alleged bankrupt prior to 
 adjudication. 24 L.R.A. (N.S.) 985. 
 
 Necessity to follow bankrupt's estate pro 
 rata to hold indorser of note. 18 L.R.A. 
 (N.S.) 539. 
 
 Sustaining equitable rights of wife in Fed- 
 eral court which were not recognized 
 by local law. ,1 L.R.A. (N.S.) 321. 
 
 Enjoining foreclosure proceedings pending 
 bankruptcy. 2 L.R.A. (N.S.) 560. 
 
 Collateral attack for fraud not affecting 
 jurisdiction on judgments in. 36 
 L.R.A.(N.S.) 981. 
 
 Sufficiency of service of notice necessary to 
 fix contract rights upon bankrupt after 
 initiation of bankruptcy proceedings, 
 but before appointment of trustee. 41 
 L.R.A.(N.S.) 276. 
 
 2. Acts of bankruptcy. 
 
 Assignment for creditors as. 45 L.R.A. 177. 
 Preference of firm creditor by partner out 
 
 of his own property as. 16 L.R.A. 
 
 (N.S.) 656. 
 
 3. Who subject to involuntary pro- 
 ceedings. 
 
 Involuntary proceedings against public- 
 service corporations. 33 L.R.A. (N.S.) 
 454. 
 
 Engaging in other business as affecting ex- 
 emption of farmer from involuntary 
 proceedings in bankruptcy. 20 L.R.A. 
 (N.S.) 148.
 
 82 
 
 INDKX TO L.R.A. NOTES. 
 
 BANKRUPTCY, I. ont'd 
 
 Construction on ground as manufacturing 
 within provision defining Corporations 
 which may be adjudgrd involuntary 
 bankrupt*, x* l..i;.\. H.S.) 475. 
 "Effect upon state mholvrn.'y hiv.s of pro- 
 visions of Federal Bankruptcy Act ex- 
 cepting farmers, wage earners, and 
 small debtors from involuntary bank- 
 ruptcy. L.R.A.1917A, 109. 
 
 4. Foreign proceedings. 
 
 Collusiveness of foreign adjudications in 
 
 bankruptcy. 20 L.R.A. 673. 
 Transfer of property by foreign bankrupt 
 
 and insolvent assignments. 23 L.R.A. 
 
 33; 65 L.R.A. 353. 
 Effect of foreign bankruptcy assignment 
 
 on personal property, where no rights 
 
 of creditors are involved. 17 L.R.A. 
 
 (N.S.) 173. 
 
 5. Partnership bankruptcy. 
 
 Effect of bankruptcy proceedings, see infra, 
 
 11. 
 Bankruptcy of partnership generally, see 
 
 PARTNERSHIP, 15-17. 
 
 Preference of firm creditor by a partner out 
 of his own property as an act of bank- 
 
 ruptcy by the firm. 
 656. 
 
 16 L.R.A. (N.S.) 
 
 Application of partnership assets with con- 
 sent of all partners to payment of in- 
 dividual debt of partner as a voidable 
 preference. 17 L.R.A. (N.S.) 1040. 
 
 Right of claim based on tort of a partner- 
 ship to share with creditors of individ- 
 ual partners. 41 L.R.A. 1223. 
 
 Claim in bankruptcy as remedy for breach 
 of agreement to assume debts on dis- 
 solution of partnership. 9 L.R.A. 
 (N.S.) 114. 
 
 Must individual partners, as well as firm, 
 be insolvent in order to render the 
 firm bankrupt, or to avoid a payment of 
 a firm debt as a preference. 21 L.R.A. 
 (N.S.) 960. 
 
 Provability of partnership debts in individ- 
 ual proceedings. 69 L.R.A. 772. 
 
 Discharge of partnership liability in in- 
 dividual proceedings. 69 L.R.A. 771; 
 L.R.A.1918E, 470. 
 
 6. Running of limitations. 
 
 Limitation of action against bankrupt. 26 
 L.R.A. 738. 
 
 Interruption of limitations as to fund ob- 
 tained under bankruptcy act. 26 L.R.A. 
 738. 
 
 When statute of limitations begins to run 
 in action bv assignee or trustee for 
 unpaid stock subscription. 1 L.R.A. 
 (N.S.)909. 
 
 7. Costs and expenses. 
 
 What fund is chargeable with costs and ex- 
 penses of sale when encumbered prop- 
 erty is sold in bankruptcy, free of liens. 
 29 L.R.A.(N.S.) 737. 
 
 Allowance of attorneys' fees in bankruptcy 
 cases. 54 L.R.A". 826. 
 
 BANKRUPTCY cont'd 
 
 //. Jurisdiction. 
 
 8. Generally. 
 
 Of state courts over actions by or against 
 assignee in bankruptcy. 48 L.R.A. 30. 
 
 Question relating to bankruptcy as Federal 
 question. 62 L.R.A. 535. 
 
 Is state court's jurisdiction of creditor's at- 
 tack on preference ousted by bankrupt- 
 cy proceedings commenced more than 
 four months after preference. 28 
 L.R.A.(N.S.) 363. 
 
 Equity jurisdiction of suit by trustee in 
 bankruptcy to recover sum of money 
 from one who has received fraudulent 
 transfer or unlawful preference. 16 
 L.R.A. (N.S.) 414. 
 
 III. Relation of bankrupt law to as- 
 signments and insolvency proceed- 
 ings under state laws. 
 
 9. Generally. 
 
 Provisions of the various bankrupt laws. 
 
 45 L.R.A. 177. 
 An assignment for creditors as an act of 
 
 bankruptcy. 45 L.R.A. 177. 
 Effect of bankrupt law on assignments for 
 
 creditors. 45 L.R.A. 178. 
 Effect of bankrupt law on insolvent pro 
 
 ceedings 
 186. 
 
 under state laws. 45 
 
 Begin icith this book on every laic question. 
 
 Proceedings for a receiver as affected by 
 bankrupt law. 45 L.R.A. 190. 
 
 Effect of creditor's bill or supplementary 
 proceedings as against bankrupt pro- 
 ceedings. 45 L.R.A. 193. 
 
 Effect of an assignment for creditors on 
 the right to a discharge in bankruptcy. 
 45 L.R.A. 194. 
 
 IV. Effect of bankruptcy proceedings. 
 
 10. Generally. 
 
 Transfer of trademark, see TRADEMARK, 5. 
 
 On prior action to rescind sale for fraud. 
 8 L.R.A. (N.S.) 1204. 
 
 Suspension of running of limitations by 
 bankruptcy proceedings. L.'R.A.1915B, 
 1221. 
 
 Effect of foreign bankruptcy assignment on 
 personal property, where no rights of 
 creditors are involved. 17 L.R.A. 
 (N.S.) 173. 
 
 Effect of adjudication based on preference 
 of creditor by judgment, as conclusive 
 adjudication against such creditor in 
 other proceedings. 1 L.R.A. (N.S.) 
 386. 
 
 Payment voidable under bankruptcy act as 
 discharge of surety, guarantor, or in- 
 dorser. 9 L.R.A.(N.S.) 581. 
 
 Bankruptcy of maker of note as excuse for 
 delay in enforcing liability. 18 L.R.A. 
 (N.S.) 559. 
 
 Bankruptcy of corporation as excusing cred- 
 itors from exhausting remedies against 
 it before enforcing stockholder's liabili- 
 ty. 24 L.R.A.(N.S.) 628. 
 
 Effect of bankruptcy of employer on rights 
 of employee under workmen's compensa- 
 tion acts. L.R.A.1916A, 98.
 
 INDEX TO L.R.A. NOTES. 
 
 83 
 
 BANKRUPTCY, IV. cont'd 
 Effect of bankruptcy of mortgagor before 
 acquiring outstanding title on his right 
 to set up outstanding title to defeat 
 the mortgage. L.R.A.1918B, 768. 
 Effect of bankruptcy of property owner on 
 mechanics' liens. L.R.A. 1915F, 
 1132. 
 
 Effect of bankruptcy of principal contrac- 
 tor upon lien rights of subcontrac- 
 tors or materialmen. 51 L.R.A. 
 (N.S.) 68; L.R.A.1916F, 113. 
 Effect' of bankruptcy of contractor on right 
 of laborer or materialman to enforce 
 mechanics' lien against property im- 
 proved. 26 L.R.A.(N.S.) 409. 
 Effect of bankruptcy on dower rights of 
 bankrupt's wife. 18 L.R.A. 77; 26 
 L.R,A.(N.S.) 1180; 52 L.R.A. (N.S.) 
 549. 
 
 Effect of re-entry by landlord after bank- 
 ruptcy of tenant upon latter's liability 
 for subsequent rent. L.R.A.1917A, 208. 
 Effect of bankruptcy of mortgagor before 
 acquiring outstanding title on his right 
 to set up outstanding title to defeat 
 the mortgage. L.R.A.1918B, 768. 
 Rights of trustee with respect to execu- 
 tory contracts of bankrupt. L.R.A. 
 1917F, 657. 
 
 Bankruptcy proceedings as violation of 
 covenant in lease against assignment 
 or sale. 14 L.R.A. (N.S.) 1201. 
 Effect of bankruptcy proceedings, on fire 
 
 insurance. 15 L.R.A.(N.S.) 827, 
 'Right of vendor under conditional sale as 
 affected by bankruptcy of pur- 
 chaser. 38 L.R.A.(N.S.) 554. 
 
 11. In case of partnership. 
 
 Adjudication of bankruptcy of member of 
 firm as affecting rights of firm credi- 
 tors against firm property. 30 L.R.A. 
 (N.S.) 787. 
 
 Effect of adjudication of bankruptcy of 
 partnership to subject the separate es- 
 tates of the partners to administration 
 in bankruptcy. 5 L.R.A. (N.S.) 654. 
 
 V. Priority of rights. 
 
 12. Generally. 
 
 Common-law priority of state or United 
 States in payment from assets of debt- 
 or. 46 L.R.A.(N.S.) 260; L.R.A.1918A, 
 398. 
 
 Law governing discrimination between resi- 
 dents and nonresidents. 65 L.R.A. 368. 
 
 Priority of rights to fund as between as- 
 signees in bankruptcy and prior as- 
 signees. 66 L.R.A. 760. 
 
 Right of claim based on tort of a partner- 
 ship to share with creditors of indi- 
 vidual partners. 41 L.R.A.(N.S.) 
 1223. 
 
 Respective rights of receiver and assignee in 
 bankruptcy. 20 L.R.A. 391. 
 
 Priority as between taxes and costs and 
 fees. 31 L.R.A. (N.S.) 988. 
 
 Consult also L.R.A, Digests of Cases. 
 
 BANKRUPTCY, V. cont'd 
 Right of seller to reclaim goods as against 
 trustee in bankruptcy of buyer who 
 procured them by false representations. 
 17 L.R.A.(N.S.) 1032. 
 
 
 
 VI. Preferences and transfers ~by 'bank- 
 rupt. 
 
 13. Generally. 
 
 Transfer of trademark by bankruptcy or 
 insolvency assignment. 46 L.R.A. 541. 
 
 Must individual partners, as well as firm, 
 be insolvent in order to render the firm 
 bankrupt, or to avoid a payment of a 
 firm debt as a preference. 21 L.R.A. 
 (N.S.) 960. 
 
 Is state court's jurisdiction of creditor's 
 attack on preference ousted by bank- 
 ruptcy proceedings commenced more 
 than four months after preference. 28 
 L.R.A. (N.S.) 363. 
 
 Preference of firm creditor by a partner out 
 of his own property as an act of bank- 
 ruptcy by the firm. 16 L.R.A. (N.S.) 
 656. 
 
 Composition with creditors: preference by 
 act or undertaking of third party. 2 
 B. R. C. 460. 
 
 Effect of adjudication based on preference 
 of creditor by judgment, as conclusive 
 adjudication against such creditor in 
 other proceedings. 1 L.R.A. (N.S.) 
 386. 
 
 Is notice, actual or constructive, of a trans- 
 fer not required to be recorded or regis- 
 tered necessary to start the four 
 months' period relatively to preferences 
 under 60 of the bankruptcy act. 
 9 L.R.A.(N.S.) 585. 
 
 14. "What constitutes a preference. 
 
 Delivery of property on eve of bankruptcy 
 to one holding executory contract there- 
 for made within the four months' pe- 
 riod, as. 21 L.R.A.(N.S.) 901. 
 
 Set-off by bank against bankrupt's deposit, 
 as. 20 L.R.A. (N.S.) 863. 
 
 Payment of debt by a bankrupt as a pref- 
 erence to a surety therefor. 18 L.R.A. 
 (N.S.) 660; 45 L.R.A. (N.S.) 1068. 
 
 Application of partnership assets, with con- 
 sent of all partners, to payment of in- 
 dividual debt of partner as a voidable 
 preference under the bankruptcy act. 
 17 L.R.A.(N.S.) 1040. 
 
 Judgment obtained within four months pe- 
 riod as affected by 60, subdivisions a 
 and b, and 67, subdivisions c and f. 
 41 L.R.A.(N.S.) 204. 
 
 Conditional sale contract executed prior to, 
 but filed within the four months period 
 as a voidable preference. 47 L.R.A. 
 (N.S.) 1223. 
 
 15. Validity or voidability. 
 
 Effect of creditor's participation in fraud-" 
 ulent intent of debtor in making trans- 
 fer by way of preference. 31 L.R.A. 
 647. 
 
 Validity of lien given to secure loan used 
 by bankrupt to give one creditor a 
 preference. 24 L.R.A. (N.S.) 184.
 
 84 
 
 INDEX TO L.R.A. NOTES. 
 
 BANKRUPTCY, VI. cont'd 
 
 Validity of transfer to secure pre-existing 
 debt within four months of bankruptcy, 
 in absence of any intent on the part of 
 the debtor to hinder, delay, or defraud 
 creditors, or of reasonable catirae on the 
 part of the creditor to believe that it 
 was intended as a preference. 35 
 L.R.A.(N.S.) 372. 
 
 Voidability of transfer within four months' 
 period, pursuant to executory agree- 
 ment antedating that period. 17 
 L.R.A.(N.S.) 935; 40 L.R.A. (N.S.) 
 639. 
 
 Voidability as preference of transfer made 
 in satisfaction of claim for misappro- 
 priation of property. 30 L.R.A.(N.S.) 
 1053. 
 
 'Intent on part of bankrupt to create a 
 preference as a condition of a voidable 
 preference under 60b. 33 L.R.A. 
 (N.S.) 558. 
 
 'Insurance on property which is the subject 
 of a voidable preference under ijie 
 bankruptcy act. 41 L.R.A.(N.S.) 1012. 
 
 Sale under execution as a transfer of prop- 
 erty by the debtor within 00, subds. 
 a and b. 43 L.R.A.(N.S.) 427. 
 
 May a lien which is voidable under 60, 
 subdivisions a or b, or void under 67, 
 subdivisions c or f, be allowed any effect 
 under 64b (5). L.R.A.1915B, 148. 
 
 16. Recording of transfer. 
 
 When local law deemed to require the regis- 
 tering or recording of a transfer, with- 
 in the meaning of 60a of the bank- 
 ruptcy act of 1898 as amended by the 
 act of 1903. 5 L.R.A.(N.S.) 148; 18 
 L.R.A.(N.S.) 1233. 
 
 Effect of recording, within four months' 
 period prescribed in bankruptcy 
 act of 1898, mortgage given for a 
 present loan or future advances. 
 25 L.R.A.(N.S.) 144. 
 
 17. Setting aside. 
 
 Effect of bankruptcy proceedings upon prior 
 action to rescind sale for fraud. 8 
 L.R.A.(N.S.) 1204. 
 
 Right of creditor of bankrupt to set aside 
 transfer in fraud of creditors. 10 
 L.R.A.(N.S.) 305. 
 
 Equity jurisdiction of suit by trustee in 
 bankruptcy to recover sum of money 
 from one who has received fraudulent 
 transfer on unlawful preference. 16 
 L.R.A.(N.S.) 414. 
 
 Is state court's jurisdiction of creditor's 
 attack on preference ousted by bank- 
 ruptcy proceedings commenced more 
 than four months after preference. 28 
 L.R.A.(N.S.) 363. 
 
 Effect of failure to allege and prove filing 
 of claims by creditors and insufficiency 
 of assets in action by trustee to set 
 aside preference or recover property 
 fraudulently transferred. 17 L.R.A. 
 (N.S.) 350: 
 
 BANKRUPTCY cont'd 
 
 VII. Assets and their collection. 
 
 18. Generally. 
 
 In case of insolvency, see INSOLVENCY, 4> 
 
 Does trustee in bankruptcy who succeeds an< 
 assignee for creditors acquire right or 
 interests which were available to the 
 assignee, but did not exist in the as- 
 signor. 26 L.R.A. (N.S.) 433. 
 
 Vesting of title to leasehold in lessor's 
 trustee as dependent upon acceptance 
 by trustee. 33 L.R.A. (N.S.) 745. 
 
 Validity as against trustee in bankruptcy of 
 conditional sale purchaser, of condi- 
 tional sale contract permitting pur- 
 chaser to resell in the ordinary course 
 of business. L.R.A.1917B, 660. 
 
 19. What are assets. 
 
 Of insolvent estate, see INSOLVENCY, 4- 
 
 Interest of cestui que trust in spendthrift 
 trust as assets passing to trustee in 
 bankruptcy. L.R.A.1917A, 989. 
 
 Causes of action for personal injuries as. 
 44 L.R.A. 180. 
 
 Seat of exchange, or funds derived from 
 transactions on exchange, as. 27 
 L.R.A.(N.S.) 613. 
 
 Interest in public lands before issuance of 
 patent as. 34 L.R.A. (N.S.) 405. 
 
 Does right of action for personal injuries 
 pass to trustee in bankruptcy. 12 
 L.R.A. (N.S.) 1173. 
 
 Right of action for tort for injury to per- 
 son other than physical as asset. 4S 
 L.R.A.(N.S.') 940. 
 
 Will right of action for malicious attach- 
 ment of property pass to trustee in 
 bankruptcy or assignee for creditors. 
 21 L.R.A. (N.S.) 727. 
 
 Estates in remainder as assets which will 
 pass to the trustee in bankruptcy. 47 
 L.R.A.(N.S.) 284. 
 
 Contracts for personal services, earning* 
 thereunder, and causes of action for 
 their breach, as assets in bankruptcy. 
 5 B. R. C. 268. 
 
 Agreement between landlord and tenant for 
 removal of fixtures by latter as affecting 
 right thereto of his trustee in bank- 
 ruptcy. L.R.A.1915E, 830. 
 
 - 20. life insurance. 
 
 Generally. 50 L.R.A. 33; 26 L.R.A. (N.S.) 
 451; 30 L.R.A. (N.S.) 990; 41 L.R.A. 
 (N.S.) 123; 46 LJR.A.(N.S.) 348. 
 Bankruptcy or insolvency of insured or as- 
 signor of policy. 50 L.R.A. 33. 
 Bankruptcy or insolvency of beneficiary or 
 
 assignee. 50 L.R.A. 46. 
 Policies exempt under state laws. 26 
 L.R.A.(N.S.) 454; 41 L.R.A. (N.S.) 
 123. 
 
 Bct)in ifith tliis boo/.- on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 85 
 
 BANKRUPTCY, VII. cont'd 
 
 Policies not exempt under state laws. 26 
 L.R.A.(N.S.) 455; 41 L.R.A.(N.S.) 
 125. 
 
 Option to receive cash-surrender value of 
 policy, or policy having a cash-surren- 
 der value as assets. 16 L.R.A. (N.S.) 
 320. 
 
 21. Concealment or nondelivery of 
 assets. 
 
 Concealment of assets in violation of bank- 
 ruptcy act as continuing offense. 43 
 L.R.A.(N.S.) 278. 
 
 Admissibility of schedules filed in Federal 
 bankruptcy proceedings in a prosecu- 
 tion against a bankrupt for conceal- 
 ment of property. 18 L.R.A.(N.S.) 
 1194. 
 
 Failure or refusal of bankrupt, or person 
 
 having money or property belonging to 
 
 . bankrupt, to deliver it to trustee as a 
 
 contempt of court. 23 L.R.A.(N.S.) 
 
 255. 
 
 22. Recovery of assets. 
 
 When may local venue of summary proceed- 
 ing by trustee be disregarded upon the 
 ground that the proceeding is ancillary 
 or incidental. L.R.A.1916D, 1134. 
 
 Equity jurisdiction of suit by trustee in 
 bankruptcy to recover a sum of money 
 from one who has received a fraudu- 
 lent transfer or unlawful preference. 
 16 L.R.A.(N.S.) 414. 
 
 Effect of failure to allege and prove filing 
 of claims by creditors and insufficiency 
 of assets in action by trustee in bank- 
 ruptcy to recover assets of estate, or to 
 set aside preference, or recover prop- 
 erty fraudulently transferred by bank- 
 rupt. 17 L.R.A.(N.S.) 350. 
 
 Right of trustee in bankruptcy to enforce 
 liability of stockholders who received 
 dividends paid out of capital. L.R.A. 
 1917C, 405. 
 
 Liability of trustee in bankruptcy for fail- 
 ure to collect assets. 16 L.R.A. (N.S.) 
 341. 
 
 VIII. Rights and liability of trustee 
 generally. 
 
 23. Generally. 
 
 Right of trustee to maintain partition. 
 
 20 L.R.A.(N.S.) 105. 
 Rights of trustee with respect to executory 
 
 contracts of bankrupt. L.R.A.1917F, 
 
 657. 
 Right of trustee in bankruptcy to enforce 
 
 liability of stockholders who received 
 
 dividends paid out of capital. L.R.A. 
 
 1917C, 405. 
 Liability for failure to collect assets. 16 
 
 L.R.A. (N.S.) 341. 
 Liability for rent of premises occupied by 
 
 assignee. 59 L.R.A. 673. 
 
 IX. .Claims against estate; distribution. 
 
 24. Generally. 
 
 Priority of rights, see supra, 12. 
 Claims againat insolvent estate, see IN- 
 SOLVENCY, 5-8. 
 Consult also L.R.A. Digests of Cases. 
 
 BANKRUPTCY, IX. cont'd 
 
 Treatment of collateral held by creditor of 
 bankrupt. L.R.A.1918B, 1024. 
 
 Right to interest on allowed claims in bank- 
 ruptcy. 29 L.R.A.(N.S.) 887; L.R.A. 
 1915B, 884. 
 
 Effect of failure to present claim against 
 the estate of bankrupt principal to re- 
 lease surety. 25 L.R.A. (N.S.) 139. 
 
 Double proof of claim against estate of 
 firm and individual partner. 39 L.R.A. 
 (N.S.) 391. 
 
 Right of creditor after promisor's bank- 
 ruptcy to adopt and -enforce his as- 
 sumption of another's debt. 39 L.R.A. 
 (N.S.) 874. 
 
 Proof of claim in bankruptcy as bar to ac- 
 tion for dec'eit in securing credit. 43 
 L.R.A. (N.S.) 649. 
 
 Allowance or disallowance of claim by 
 bankruptcy court as res judicata in a 
 suit or proceeding on the claim in an- 
 other court. 43 L.R.A.(N.S.) 950. 
 
 25. Debts provable. 
 
 Provabilrty of debt as affecting right of 
 
 set-off. 55 L.R.A. 36. 
 
 Provability of partnership debts in in- 
 dividual proceedings. 69 L.R.A. 
 772. 
 Discharge of liability by reason of prova- 
 
 bility of claim. 69 L.R.A. 778. 
 What constitutes a fixed liability as evi- 
 denced by a judgment or an instru- 
 ment in writing absolutely owing 
 at the time of the filing of the 
 petition in bankruptcy. 54 L.R.A. 
 369. 
 
 Provability of claim under covenant in- 
 demnifying against loss of rent, or 
 accelerating future rent, in event 
 of assault. 31 L.R.A. (N.S.) 270. 
 Promise to pay a fixed sum conditional 
 upon exercise of an option by prom- 
 isee, the time for which had not ex- 
 pired at the time of bankruptcy, as 
 basis of provable claim. 28 L.R.A. 
 (N.S.) 349. 
 
 May one be a "purchaser" for a valuable 
 consideration where nothing capable of 
 money measurement is given. 4 B. R. 
 C. 782. 
 
 Damages for anticipatory breach of con- 
 tract as provable claim. L.R.A.1917B, 
 585; L.R.A.1918A, 545. 
 Right to recover money paid to a corpora- 
 tion in expectation of receiving cor- 
 porate stock which is never issued. 
 L.R.A.1918E, 754. 
 
 25a. claim for tort. 
 
 Right to prove unliquidated claim for tort 
 in bankruptcy. 8 L.R.A. (N.S.) 961. 
 
 26. Set-offs. 
 
 Set-off by or against insolvent estate, see 
 SET-OFF AND COUNTERCLAIM, 16-21. 
 
 Bankruptcy of third persons. 55 L.R.A. 73. 
 
 Form of action. 55 L.R.A. 74. 
 
 Effect of proving claim. 55 L.R.A. 74. 
 
 Extent of set-off. 55 L.R.A. 75. 
 
 Right of creditor to set off new credits 
 
 given after receiving a preference. 55 
 
 L.R.A. 344.
 
 86 
 
 INDEX TO L.R.A. NOTES. 
 
 BANKRUPTCY, IX. cont'd 
 
 Does tlic fact that a bank has, by an agree- 
 ment invalid as against the trustee in 
 bankruptcy, undertaken to hold the 
 
 BANKRUPTCY, IX. cont'd 
 Insurance matters. 55 L.R.A. 66. 
 Landlord and tenant. 55 L.R.A. 67. 
 Principal and surety. 55 L.R.A. 68. 
 
 bankrupt's deposit as a fund for cred- i Annuities. 55 L.R.A. 68. 
 
 itors, prevent it from setting off de- 
 posit against its own claim. 28 L.R.A. 
 (N.S.) 484. 
 
 Set-off by bank against bankrupt's deposit 
 as a preference within the bankruptcy 
 law. 20 L.R.A.(N.S.) 863. 
 
 Acceptance of bankrupt depositor's check by 
 bank for obligation due it as affecting 
 bank's right to set off obligation against 
 depositor. L.R.A.1916A, 685. 
 
 27. debts or claims existing and 
 mature at time of insolvency. 
 
 In general. 55 L.R.A. 34. 
 Provability of debt. 55 L.R.A. 36. 
 Unliquidated damages. 55 L.R.A. 37. 
 Breach of contract. 55 L.R.A. 37. 
 Security for particular debt, or special di- 
 rections or agreements as to appli- 
 cation or payment of funds. 55 
 L.R.A. 38. 
 Debtors and creditors in same right. 55 
 
 L.R.A. 41. 
 Unpaid shares of corporate stock. 55 L.R.A. 
 
 47. 
 
 Bank deposits. 55 L.R.A. 48. 
 Other banking transactions and commercial 
 
 paper. 55 L.R.A. 48. 
 Insurance matters. 55 L.R.A. 49. 
 Landlord and tenant. 55 L.R.A. 50. 
 Overpayment in composition proceedings. 
 55 L.R.A. 50. 
 
 28. debts created, or claims aris- 
 ing, after insolvency. 
 
 In general. 55 L.R.A. 50. 
 
 Agreement to pay cash or by bill of ex- 
 change. 55 L.R.A. 51. 
 
 Debtors and creditors in same right. 55 
 L.R.A. 61. 
 
 Bank deposits. 55 L.R.A. 52. 
 
 Other banking transactions and commer- 
 cial paper. 55 L.R.A. 53. 
 
 Landlord and tenant. 55 L.R.A. 54. 
 
 Expenses of, or payments by, assignees 
 for creditors. 55 L.R.A. 54. 
 
 Payments by bankrupt. 55 L.R.A. 54. 
 
 Set-off of costs. 55 L.R.A. 55. 
 
 Set-off after discharge. 55 L.R.A. 56. 
 
 29. immaturity of debts or claims 
 at time of insolvency. 
 
 In case of insolvency, see SET-OFF AND 
 COUNTERCLAIM, 19. 
 
 In general. 55 L.R.A. 56. 
 
 Uncertainty or contingency of claims. 55 
 L.R.A. 57. 
 
 Breach of contract. 55 L.R.A. 58. 
 
 Security for particular debt or special di- 
 rections or agreements as to appli- 
 cation or payment of funds. 55 
 L.R.A. 58. 
 
 Debtors and creditors in same right. 55 
 L.R.A. 60. 
 
 Bank deposits. 55 L.R.A. 62. 
 
 Other banking transactions and commer- 
 cial paper. 55 L.R.A. 64. 
 
 Effect of immaturity on right of set-off. 25 
 L.R.A.(N.S.) 396. 
 
 30. debts or claims assigned. 
 
 In case of insolvency, see SET-OFF AND 
 COUNTERCLAIM, 20, 21. 
 
 In general. 55 L.R.A. 68. 
 
 Partnership. 55 L.R.A. 69. 
 
 Bank deposits. 55 L.R.A. 70. 
 
 Other banking transactions and commer- 
 cial paper. 55 L.R.A. 70. 
 
 Insurance matters. 55 L.R.A. 72. 
 
 Right to set off, against bankrupt, claims 
 purchased after bankruptcy. 21 L.R.A. 
 280. 
 
 31. Liens; adverse 
 nishment. 
 
 holdings; gar- 
 
 Begin with this book on every law question. 
 
 Lien on property of bankrupt of one whose 
 funds are wrongfully used in purchas- 
 ing it. 9 L.R.A.(N.S.) 876. 
 
 Validity of lien given to secure loan used by 
 bankrupt to give one of his creditors a 
 preference. 24 L.R.A. (N.S.) 184. 
 
 What amounts to an adverse holding, by 
 third persons, of property acquired 
 from bankrupt. 8 L.R.A. (N.S.) 1232, 
 
 Garnishment of funds of bankrupt's estate 
 after order of distribution. 14 L.R.A. 
 (N.S.) 1221. 
 
 May a lien which is voidable under section 
 60, subdivisions a or b, or void under 
 section 67, subdivisions c or f, be al- 
 lowed any effect under section 64B (5). 
 L.R.A.1915B, 148. 
 
 X. Discharge and its effect. 
 
 32. Generally. 
 
 In insolvency, see INSOLVENCY, 16. 
 
 What relations are fiduciary within pro- 
 visions in relation to discharge. 
 42 L.R.A. (N.S.) 1093. 
 Right of one to avail himself of discharge 
 
 procured by fraud. 25 L.R.A. 571. 
 Effect of assignment for creditors on right 
 
 to discharge. 45 L.R.A. 194. 
 Right of alleged fraudulent grantee to set 
 
 up grantor's discharge in bankruptcy 
 
 as against a judgment creditor of the 
 
 latter. 67 L.R.A. 599, 610. 
 
 33. Of partnership liability in indi- 
 vidual proceedings. 
 
 In general. L.R.A.1918E, 470. 
 
 Discharge of liability by reason of prov- 
 
 ability of claim. 69 L.R.A. 778. 
 Necessity of making firm or copartners 
 
 parties. 69 L.R.A. 780. 
 
 34. Refusal of. 
 
 Character of false statement which will pre- 
 vent a discharge. 20 L.R.A. (N,S.) 
 1023. 
 
 Omission of bankrupt to keep books as 
 ground for refusing discharge. 20 
 L.R.A.(N.S.) 246.
 
 INDEX TO L.R.A. NOTES. 
 
 87 
 
 BANKRUPTCY, X. cont'd 
 
 Right of bankrupt to discharge as affected 
 by act of partner or agent. 20 L.R.A. 
 (N.S.) 785; 30 L.R.A. (N.S.) 623. 
 
 Fraud in preventing collection of claim as 
 excepting it from discharge in bank- 
 ruptcy. 28 L.R.A. (N.S.) 423. 
 
 Binding effect of judgment refusing dis- 
 charge. 13 L.R.A.(N.S.) 629; 30 
 L.R.A.(N.S.) 1164. 
 
 Refusal of discharge because of transfer of 
 assets with a view to distribution of 
 proceeds among creditors. L.R.A. 
 1915C, 89. 
 
 35. Effect. 
 
 Right to open default judgment to let in de- 
 fense of discharge in bankruptcy. 
 L.R.A.1916F, 857. 
 
 Claim discharged in bankruptcy as consid- 
 eration for note of a third person. 
 L.R.A.1917C, 843. 
 
 Discharge of debt as affecting equitable as- 
 signment to secure same. 43 L.R.A. 
 (N.S.) 404. 
 
 Discharge of partnership as affecting lia- 
 bility of individual partners for 
 partnership debts. L.R.A.1915F, 669. 
 
 Effect on liabilities for tort. 1 L.R.A. 
 (N.S.) 202. 
 
 Effect on liability for assault and battery. 
 3 L.R.A.(N.S.) 702. 
 
 As defense in action for debts assumed on 
 dissolution of partnership. 9 L.R.A. 
 (N.S.) 112. 
 
 Discharge of corporation as affecting stock- 
 holder's liability for its debts. 38 
 L.R.A.(N.S.) 648. 
 
 Effect upon assignment of wages to be 
 earned in the future. 14 L.R.A. (N.S.) 
 1025; 30 L.R.A. (N.S.) 375; L.R.A. 
 1916E, 248. 
 
 Effect of bankruptcy of employer on rights 
 of employee under workmen's compen- 
 sation acts. L.R.A.1916A, 98. 
 
 Effect of discharge on claim for services 
 procured by bankrupt's fraud. 34 
 L.R.A.(N.S.) 894. 
 
 Bankrupt's right after discharge to engage 
 in business in competition with one to 
 whom business and good will was sold 
 under commission in bankruptcy. 19 
 L.R.A.(N.S.) 762. 
 
 When will discharge of principal in bank- 
 ruptcy release surety on a bond given 
 by the principal in an action at law. 
 14 L.R.A. (N.S.) 508; 28 L.R.A.(N.S.) 
 234. 
 
 Effect of vendee's discharge in bankruptcy 
 upon right to enforce vendor's lien. 39 
 L.R.A.(N.S.) 1177. 
 
 Effect of discharge on real property liens. 
 42 L.R.A.(N.S.) 292. 
 
 Effect of discharge in bankruptcy of prop- 
 erty owner on mechanics' liens. 42 
 L.R.A. (N.S.) 296; L.R.A.1915F, 1139. 
 
 Effect of bankruptcy of principal contractor 
 upon lien rights of sub-contractors and 
 materialmen. 51 L.R.A. (N.S.) 68; 
 L.R.A.1916F, 113. 
 
 Consult rtZs-o L.R.A. Digests of Cases. 
 
 BANKRUPTCY, X. cont'd 
 36. Revival of debt after. 
 
 New promise after discharge. 53 L.R.A 
 
 362. 
 Expression of hope or expectation as a new 
 
 promise which will revive debt after 
 
 discharge in bankruptcy. 38 L.R A 
 
 (N.S.) 581. 
 Effect of partial payment to revive debt 
 
 after a discharge in bankruptcy. 26 
 
 L.R.A.(N.S.) 274. 
 Set-off after discharge of debts created or 
 
 claims arising after insolvency. 55 
 
 L.R.A. 56. 
 
 7. 
 
 II. 
 III. 
 IV. 
 
 T. 
 
 VI. 
 
 VII. 
 
 VIII. 
 
 IX. 
 
 X. 
 
 XI. 
 
 XII. 
 
 BANKS. 
 
 In general, 1. 
 Right to do business, 2. 
 Stock and stocJcholders, 3-6. 
 Officers and agents, G-8a. 
 Banking, 9-38. 
 
 a. Deposits, 9-3O. 
 
 b. Collections, 31-35. 
 
 c. Other transactions; d* 
 
 counts, 36-37a. 
 
 d. Clearing-house busineA 
 
 38. 
 
 Insolvency of bank, 39-42. 
 Savings banks, 43, 44. 
 National banks, 45-48. 
 State banks, 49. 
 Taxation, 5O. 
 Crimes, 51. 
 Bank, guaranty law, 52. 
 
 I. In general. 
 
 1. Generally. 
 
 As bona fide purchaser of negotiable instru- 
 ment, see BILLS AND NOTES, 7. 
 
 Constitutionality of statutes regulating 
 bankers, see CONSTITUTIONAL LAW, 
 49. 
 
 For matters common to corporations gen- 
 erally, see COBPOBATIONS. 
 
 Custom of, see CUSTOM AND USAGE, 7. 
 
 Unlawful combination of, see MONOPOLY 
 AND COMBINATIONS, 8. / 
 
 Reasonableness of matters relating to, see 
 REASONABLENESS, 2. 
 
 Set-off by or against bank, see SET-OFF AND 
 COUNTERCLAIM, 8, 8a, 19a, 19b. 
 
 Consideration for note or other obligation 
 given to make good depletion of capital 
 or assets of bank. L.R.A.1917B, 688. 
 
 Presumption and burden of proof as to neg- 
 ligence in case of embezzlement of prop- 
 erty while in possession of bank as 
 bailee. 43 L.R. A. (N.S.) 1190. 
 
 Liability of bank as bailee under special 
 terms of contract for care or return of 
 subject of bailment. L.R.A.1915B, 304. 
 
 Right of bank to contradict entries in its 
 books or statements in public reports. 
 L.R.A.1915D, 935. 
 
 Admissibility in evidence of entries in bank 
 books.- 53 L.R.A. 528, 536. 
 
 Effect of usage to bind bank. 21 L.R.A. 
 446.
 
 INDEX TO L.R.A. NOTES. 
 
 BANKS, I. cont'd 
 
 Privilege of communications to banks. 35 
 L.R.A.(N.S.) 585. 
 
 Validity of obligation given bank as affect- 
 ed by concealment of illegal transac- 
 tions from bank examiner. 26 L.R.A. 
 (N.S.) 993; 34 L.R.A.(N.S.) 1105; 
 L.R.A.1916A, 1218. 
 
 Set-off against assignee of bank. 23 L.R.A. 
 808. 
 
 Garnishment of contents of safe deposit 
 box. 41 L.R.A. (N.S.) 764. 
 
 Presumption as to time of alteration in 
 bank director's minute book. 39 
 L.R.A.(N.S.) 105. 
 
 II. Right to do business. 
 
 2. Generally. 
 
 May a charter or license for a bank be re- 
 fused upon general considerations of 
 public policy. L.R.A.1916D, 316. 
 
 Constitutionality of statute prohibiting pri- 
 ' vate banking. 15 L.R.A. 477. 
 
 Right of bank to engage in business to 
 save debt. 27 L.R.A.(N.S.) 243. 
 
 Power to prohibit or impose conditions up- 
 on the right of individuals to engage 
 in banking business. 5 L.R.A.(N.S.) 
 874; 25 L.R.A.(N.S.) 1217. 
 
 III. Stoclc and stockholders. 
 
 3. Generally. 
 
 As to matters of stock and stockholders, 
 generally, see CORPORATIONS, VI., VII. 
 
 Consideration for obligation given to make 
 good depletion of capital of bank. 
 L.R.A.1917B, 688. 
 
 Discrimination against shareholders in na- 
 tional bank in assessing their shares. 
 10 L.R.A.(N.S.) 947. 
 
 4. Transfer of stock. 
 
 Restrictions on transfer of stock of na- 
 tional bank. 27 L.R.A. 273. 
 Effect of by-law requiring transfer of na- 
 
 BANKS, IV. cont'd 
 
 Assistance by officers in state taxation of 
 national banks. 45 L.R.A. 762. 
 
 State tax on officers of national bank. 45 
 L.R.A. 764. 
 
 Effect of insertion of unauthorized provi- 
 sions in cashier's bond. L.R.A. 1917B, 
 990. 
 
 Liability of bank for misappropriation of 
 collections by its officers or employees 
 L.R.A.1917A, 522. 
 
 Misappropriation of special deposit by offi 
 cer. 32 L.R.A. 776. 
 
 Liability to bank of one who. without 
 knowledge of the fraud, draws out 
 funds fraudulently credited to him by 
 officers or employees of the bank. 31 
 L.R.A.(N.S.) 1126. 
 
 Right of bank officer or employee to refuse 
 to disclose state of depositor's account. 
 L.R.A.1915D, 1061. 
 
 7. Duties and liability of directors. 
 
 Limitation of actions against directors for 
 
 tional bank stock on books. 
 673. 
 
 67 L.R.A. 
 
 5. Liability of stockholders. 
 
 Liability of stockholders of corporation, 
 generally, see CORPORATIONS, VI. e. 
 
 Contingency of liability of stockholders in 
 national bank as affecting time for pre- 
 sentation against estate. 58 L.R.A. 
 85. 
 
 Personal liability of executor, administra- 
 tor, or trustee on national bank stock 
 belonging to estate or trust, but stand- 
 ing in his 'name. 30 L.R.A. (N.S.) 
 1092. 
 
 Right of receiver, assignee or trustee to 
 recovery statutory added liability of 
 shareholder under national banking 
 act. 31 L.R.A.(N.S.) 372. 
 
 IF. Officers and agents. 
 
 6. Generally. 
 
 Competency of expert witnesses for com- 
 parison. 63 L.R.A. 941. 
 
 malfeasance 
 1917A, 980. 
 
 or nonfeasance. L.R.A. 
 
 Begin with this book on every law question. 
 
 Care required of bank directors. 15 L.R.A. 
 
 305. 
 Liability to bank for acts in excess of their 
 
 powers. 55 L.R.A. 758. 
 Liability of bank directors in case of bad 
 
 loans or investments. 55 L.R.A. 
 
 762; 39 L.R.A.(N.S.) 173. 
 For breach of duty as such when he acts 
 
 for himself or for a third person in the 
 
 transaction. 4 L.R.A.(N.S.) 279. 
 For failure to close insolvent bank. 3 
 
 L.R.A.(N.S.) 438. 
 For default or negligence of cashier. 4 
 
 L.R.A.(N.S.) 597. 
 Liability of directors directly to -creditors 
 
 of corporation suing in their own right 
 
 for negligence or other breach of duty 
 
 owed primarily to the corporation. 45 
 
 L.R.A.(N.S.) 421. 
 
 8. Powers of. 
 
 Notice of lack of authority to certify post- 
 dated check. L.R.A.1917F, 1099. 
 
 Power of agents to indorse negotiable pa- 
 per. 27 L.R.A. 401. 
 
 Liability of bank on negotiable paper execu- 
 ted by officer or agent. 21 L.R.A. 
 (N.S.) 1079. 
 
 Implied power of cashier of bank to sell 
 or lease property. 31 L.R.A. (N.S.) 
 737. 
 
 Power of bank officer to bind bank by 
 agreement that liability of party to 
 commercial paper shall not be en- 
 forced. 28 L.R.A.(N.S.) 501. 
 
 Power of bank officer to bind bank by agree- 
 ment varying the liability of parties 
 to commercial paper from that import- 
 ed on its face. 28 L.R.A. (N.S.) 511. 
 
 Power of officer or employee to bind bank by 
 agreement for bailment other than one 
 conceded to be a special deposit. L.R.A. 
 1915B, 542. 
 
 Attempt of cashier or president to satisfy 
 his own debt by accepting for tank 
 the obligation of third person. 9 
 L.R.A.(N.S.) 471.
 
 INDEX TO L.R.A. NOTES. 
 
 89 
 
 BANKS, IV. cont'd 
 
 Constitutionality of statute restricting 
 
 right to assign salary. 28 L.R.A. 
 
 (N.S.) 1108; 43 L.R.A.(N.S.) 746. 
 
 8a. Imputing knowledge of, to bank. 
 
 Imputation of knowledge of bank officers 
 to bank, where officers are personally 
 interested. 29 L.R.A. (N.S.) 558; 49 
 L.R.A.(N.S.) 764. 
 
 Bank officer's knowledge of insolvency of 
 bank resulting from his own miscon- 
 duct as chargeable to the bank. 45 
 L.R.A.(N.S.) 781. 
 
 V. Banking, 
 a. Deposits. 
 
 9. Generally. 
 
 Tax on deposit, see infra, 50. 
 
 Receiving deposit while insolvent as a 
 crime, see infra, 51. 
 
 Guaranty of, see infra, 52. 
 
 Fiduciary relation between bank and de- 
 positor, see FIDUCIARY RELATIONS, 2. 
 
 Limitation of actions for, see LIMITATION or 
 ACTIONS, 25. 
 
 Effect of bequest of business to pass bank 
 account. L.R.A.1917D, 437. 
 
 Deposit slips and deposit entries in pass 
 books as contracts within the rule 
 against parol evidence to vary or con- 
 tradict written contracts. L.R.A.1918B, 
 298. 
 
 Receiving deposit while insolvent as a fraud. 
 34 L.R.A. 533. 
 
 Banking customs. 21 L.R.A. 440. 
 
 Situs of deposit for purposes of administra- 
 tion. 24 L.R.A. 689. 
 
 Statement of account. 27 L.R.A. 820. 
 
 Entries in bank books as contracts. 24 
 L.R.A. 737. 
 
 Deposit tickets given by bank. 17 L.R.A. 
 580. 
 
 Title of bank to check drawn on another 
 bank, which has been credited to depos- 
 itor. 7 L.R.A.(N.S.) 694. 
 
 Effect of deposit by unauthorized person 
 to credit of owner of fund. 35 L.R.A. 
 (N.S.) 461. 
 
 Liability to estate of bank which receives 
 deposit from one assuming without au- 
 thority to act as executor or adminis- 
 trator. L.R.A.1915E, 309. 
 
 When may designation in books of bank 
 of person to whom deposit is to be 
 paid at depositor's death be given ef- 
 fect as a will. 41 L.R.A.(N.S.) 42. 
 
 Interpleader between bank and depositor. 
 10 L.R.A. (N.S.) 754. 
 
 Title of check, drawn on another bank, 
 which has been credited to depositor. 
 47 L.R.A.(N.S.) 552. 
 
 Liability of bank for interest on money de- 
 posited with it to secure performance 
 of contract or decree, or to indemnify 
 against losses or claims. 52 L.R.A. 
 (N.S.) 522. 
 
 'Liability of depositor who requests bank to 
 hold noninterest bearing deposit against 
 a claimant, to reimburse bank for inter - 
 
 Consult also L.R.A. Digests of Cases. 
 
 BANKS, V. a cont'd 
 
 est which it is compelled to pay to 
 claimant on the legal establishment of 
 his claim to the deposit. L.R.A.1915E, 
 797. 
 
 Right of bank officer or employee to refuse 
 to disclose state of depositor's account 
 L.R.A.1915D, 1061. 
 
 10. Deposit of public funds. 
 
 Deposit of public funds in bank as invest- 
 ment within statute requiring the in- 
 vestment of such funds. 50 L.R.A. 
 (N.S.) 274. 
 
 Care required in selection of bank for de- 
 posit of public funds. 7 L.R.A. (N.S.) 
 1084. 
 
 Validity and effect of agreement among 
 banks to prevent competition for de- 
 posit of public money. 14 L.R.A. 
 (N.S.) 1052. 
 
 Liability of sureties on bond of bank as 
 depository of public funds as affected 
 by acquiescence or connivance of pub- 
 lic officials in misuse of the funds. 26 
 L.R.A.(N.S.) 865. 
 
 Liability of bank for interest on or profits 
 derived from pujblic funds deposited 
 with it. L.R.A.1918E, 678. 
 
 Liability of public officers for interest col- 
 lected on deposit of public funds. 15 
 L.R.A. 456. 
 
 Right to preference in respect to public 
 funds deposited in bank which subse- 
 quently becomes insolvent. 5 L.R.A. 
 (N.S.) 886; 16 L.R.A. (N.S.) 918; 
 L.R.A.1917A, 683. 
 
 Liability of public officers for loss of funds 
 by failure of bank in which they are 
 deposited. 36 L.R.A.(N.S.) 285. 
 
 11. Special deposit. 
 
 Power of a national bank to receive special 
 
 deposits. L.R.A.1918A, 73. 
 Care required of bank in keeping. 32 
 
 L.R.A. 769. 
 When is a bank deposit special. 39 L.R.A. 
 
 (N.S.) 847; L.R.A.1918A, 65. 
 When a deposit is special so that the title 
 
 remains in the depositor. 16 L.R.A. 
 
 516. 
 Bank's right to apply special deposit to 
 
 indebtedness of depositor. 30 L.R.A. 
 
 (N.S.) 517; L.R.A.1918A, 80. 
 Claim of preference for, out of funds of 
 
 insolvent bank. 1 L.R.A. (N.S.) 252. 
 
 12. Trust in, or gift of, deposit. 
 
 Application to debt due bank, of deposit in 
 
 fiduciary character, see infra, 18. 
 Trust in case of insolvency, see infra, 41. 
 
 Effect of deposit of funds in the name of the 
 depositor and another. L.R.A. 
 1917C, 550. 
 Gift theory. 12 L.R.A. (N.S.) 355; 
 
 L.R.A.1917C, 553. 
 Trust theory. L.R.A.1917C, 567. 
 Joint tenancy. L.R.A.1917C, 571. 
 Deposit in bank for other person as a gift. 
 
 1 L.R.A.(N.S.) 790. 
 
 Effect of depositing money in bank in trust 
 for third person. 32 L.R.A. 373.
 
 90 
 
 INDEX TO L.R.A. NOTES. 
 
 BANKS, V. a cont'd 
 
 Effect of deposit by unauthorized person to 
 credit of owner of funds. 35 L.R.A. 
 (N.S.) 461. 
 
 Effect of depouit by broker or factor to his 
 own account of proceeds of sale of cus- 
 tomer's stock or property to create a 
 trust entitled to a preference. 27 
 L.R.A.(N.S.) 808. 
 
 Liability of bank or other depositary, or 
 of drawee, for taking deposit of 
 agent, fiduciary, or other represen- 
 tative to pay his own debt. 52 
 L.R.A. 790. 
 
 Liability of bank for failure to prevent mis- 
 appropriation of funds by a fiduci- 
 ary. L.R.A.1915C, 518. 
 
 . 12a. necessity and effect of de- 
 livery. 
 
 Sufficiency of bequest to pass bank deposit. 
 5 B. R. C. 539. 
 
 Effect of delivery of bank book to sustain 
 gift of money in bank. 3 L.R.A. 230;* 
 11 L.R.A. 686;* 18 L.R.A. 171; 19 
 L.R.A. 700. 
 
 Delivery necessary to complete gift of a 
 savings-bank account when the book ie 
 already in the possession of the donee. 
 17 L.R.A.(N.S.) 181. 
 
 Effect of delivery of order for savings ac- 
 count without a book to complete a 
 gift of the account. 22 L.R.A. (N.S.) 
 568 ; L.R.A.1915B, 396. 
 
 13. Transfer of generally. 
 
 Check as assignment of fund so as to pre- 
 vent garnishment. 43 L.R.A.(N.S.) 
 100. 
 
 14. Garnishment of. 
 
 Garnishment of surplus on deposit. 59 
 L.R.A. 369. 
 
 Garnishment of bank deposit in a form im- 
 porting that depositor is acting as 
 agent or fiduciary. 10 L.R.A.(N.S.) 
 706; 34 L.R.A. (N.S.) 1207. 
 
 Payment by bank under garnishment of de- 
 posit to party other than depositor but 
 of same name. 11 L.R.A. (N.S.) 248. 
 
 Check as affecting garnishment of deposit. 
 43 L.R.A.(N.S.) 100. 
 
 15. Limitation of action for. 
 
 See LIMITATION OF ACTIONS, 25, 26. 
 
 16. Liability for loss of, through 
 failure of bank. 
 
 Liability of executor or trustee for loss of 
 funds through failure of bank. 14 
 L.R.A. 103; 7 L.R.A.(N.S.) 617; 
 45 L.R.A.(N.S.) 1. 
 
 Liability of guardian for loss of ward's 
 money deposited in bank. 21 L.R.A. 
 (N.S.) 399. 
 Liability on official bond for. 22 L.R.A. 
 
 449. 
 
 Liability of public officers for loss of funds 
 by failure of bank in which they are 
 deposited. 36 L.R.A. (N.S.) 285. 
 
 Begin with this book on every law question. 
 
 BANKS, V. a cont'd 
 
 17. Application of deposit to debt 
 due bank. 
 
 As to bank's right of set-off, see infra, 20. 
 
 Right of bank to apply special deposit to 
 an indebtedness of depositor. 30 L.R.A. 
 (N.S.) 517; L.R.A.1918A, 80. 
 
 Application by bank of individual partner's 
 deposit on firm debt. 23 L.R.A. 111. 
 
 Effect upon surety or indorser, of bank's 
 failure to apply principal's deposit 
 account upon note. 8 L.R.A. (N.S.) 
 944; L.R.A.1917F, 266. 
 
 Applicability of deposits to indebtedness of 
 one depositing in his own name the 
 funds of another, where the bank 
 has no actual' notice of the true 
 character of the funds. L.R.A. 
 1915A, 715. 
 
 18. deposit in fiduciary character. 
 
 Right to apply deposit by fiduciary or rep- 
 resentative on his debt to itself. 1 
 L.R.A.(N.S.) 1110. 
 
 Liability of bank for application of deposit 
 to pay fiduciary's debt to the bank. 
 L.R.A.1915C, 525. 
 
 Applicability of deposits to individual in- 
 debtedness of depositor where word sug- 
 gestive of fiduciary character is append- 
 ed to his name. 10 L.R.A.(X.S.) 706; 
 37 L.R.A.(N.S.) 409. 
 
 Liability for taking deposit of trust funds 
 in payment of trustee's debt. 52 L.R.A. 
 790. 
 
 19. Application to debt due stranger. 
 
 Right of bank to charge customer's account 
 with amount paid to stranger with- 
 out legal duress. 31 L.R.A.(N.S.) 
 763. 
 
 20. Bank's right of set-off against 
 depositor. 
 
 See SET-OFF AND COUNTERCLAIM, 8a, 19b. 
 
 21. Lien of bank on. 
 
 Right of one whose securities havo been 
 pledged to bank, to secure a loan to 
 another, to be subrogated to the bank's 
 lien on latter's deposit and collateral. 
 43 L.R.A.(N.S.) 197. 
 
 22. Checks generally. 
 
 Rights and liabilities on checks, of persons 
 other than banks, see CHECKS. 
 
 Certification of check, see CHECKS, 7. 
 
 Presentment of, for payment, see CHECKS, 
 9-11. 
 
 Limitation of action on. 22 L.R.A. 110. 
 Banking customs as to. 21 L.R.A. 443. 
 Indorsement of, "For deposit." 23 L.R.A. 
 164. 
 
 23. Payment of checks; duty of de- 
 positor. 
 
 Recovery back of money paid on, see infra, 
 
 28, 29. 
 Payment of check generally, see CHECKS, 
 
 8. 
 
 Effect of death of drawer of check as a rev- 
 ocation thereof. L.R.A.1916A, 717.
 
 INDEX TO L.R.A. NOTES. 
 
 9J 
 
 BANKS, V. a cont'd 
 
 Effect of direction on check to pay same 
 through specified agency. 30 L.R.A. 
 (N.S.) 607. 
 
 Liability of bank upon claimed contract 
 of acceptance external to check. 8 
 L.R.A.(N.S.) 1148; L.R.A.1918F, 172. 
 
 Paying check written on the blank of an- 
 other bank as negligence. 19 L.R.A. 
 (N.S.) 403. 
 
 Payment by bank of check signed by au- 
 thorized person in different form than 
 that agreed upon. 30 L.R.A.(N.S.) 
 206. 
 
 Payment of money deposited to credit of 
 minor to person other than guardian. 
 29 L.R.A.(N.S.) 67. 
 
 Liability of savings bank for payment to 
 fraudulent claimant. 69 L.R.A. 317. 
 
 Liability of one to whom insolvent bank 
 has paid a check. 13 L.R.A.(N.S.) 
 185; 50 L.R.A. (N.S.) 239. 
 
 Check drawn by corporate officer payable to 
 his own order as imparting notice to 
 drawee bank of an intended misap- 
 propriation. L.R.A.1915B, 715. 
 
 Does the fact that a draft or check is pay- 
 able to the order of a bank put it upon 
 inquiry as to right or title of holder. 
 L.R.A.1915B, 287. 
 
 24. payment on forged check or 
 order. 
 
 Right to recover back, see infra, 29. 
 Liability of person whose signature is 
 
 forged on commercial paper, generally, 
 
 see BILLS AND NOTES, 16. 
 
 Right of bank in respect to certified check 
 or draft fraudulently altered. 4 B. R. 
 C. 588. 
 
 Duty of government official to know signa- 
 ture of drawer of draft. L.R.A.1915D, 
 797. 
 
 Drawee's duty to know signature of drawer. 
 27 L.R.A. 635. 
 
 Liability of drawee to true owner of a 
 chek which it has paid on a forged 
 indorsement. L.R.A.1918C, 613. 
 
 Who must bear loss of payments on forgery 
 of travelers' checks. L.R.A.1917F, 558. 
 
 Right of holder of check against bank which 
 cashes it on a forged indorsement, and 
 then collects it from the drawee. 15 
 L.R.A. (N.S.) 519; L.R.A.1917A, 148. 
 
 Payment by savings bank on forged order. 
 " 69 L.R.A. 329; 18 L.R.A. (N.S.) 431. 
 
 Liability of bank which pays raised check. 
 
 5 B. R. C. 293. 
 
 Checks fraudulently raised by employee 
 of drawer. 41 L.R.A.(N.S.) 529. 
 
 Liability of bank to depositor for paying 
 altered check where the alteration was 
 facilitated by the form in which it was 
 drawn. L.R.A.1918B, 327. 
 
 Right of bank remitting for or paying 
 forged check as against the depositor 
 or correspondent bank, as affected by 
 the latter's negligence in failing to 
 give notice of the forgery. L.R.A. 
 1918F, 282. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BANKS, V. a cont'd 
 
 Duty of depositor in respect to forged 
 checks charged to him by the bank. 
 27 L.R.A. 426; 36 L.R.A. 539. 
 
 Duty of a depositor to examine pass book 
 and vouchers upon their return from 
 the bank. L.R.A.1915D, 741. 
 
 Duty of owner of certified check, or of 
 drawer of uncertified check, as to giving 
 notice of forgery, independently of 
 examination of vouchers. L.R.A.1916E, 
 909. 
 
 Depositor's* right to recover amount of 
 forged or raised checks paid by bank 
 as affected by the fact that he intrusted 
 the examination of vouchers to the em- 
 ployee, who was guilty of the original 
 fraud. 7 L.R.A.(N.S.) 744. 
 
 Loss or prejudice to bank resulting from 
 negligent failure on part of depositor 
 or correspondent bank to give prompt 
 notice of forgery, as a condition of its 
 right to charge forged checks to latter's 
 account. 20 L.R.A. (N.S.) 79. 
 
 Forger's application of proceeds of check 
 to an indebtedness to depositor, as af- 
 fecting bank's right to charge the same 
 against depositor's account. 25 L.R.A. 
 (N.S.) 996. 
 
 25. payment to impostor or person 
 of same name. 
 
 Use of fictitious name in bill or note, see 
 
 BILLS AND NOTES, 13. 
 Note payable to imposter, see BILLS AND 
 
 NOTES, 14. 
 
 Fictitious payee of check. 26 L.R.A. 570; 
 39 L.R.A. 427. 
 
 Check or bill issued, or indorsed, to im- 
 poster who must bear loss. 50 
 L.R.A. 75; 17 L.R.A.(N.S.) 514; 
 38 L.R.A. (N.S.) 1111. 
 
 Who must bear loss where check or draft 
 is purchased or paid upon the spurious 
 indorsement of one who bears the same 
 name as payee or indorsee. 34 L.R.A. 
 (N.S.) 1101. 
 
 Payment by bank under garnishment of de- 
 posit to party other than depositor, but 
 of the same name. 11 L.R.A. (N.S.) 
 248. 
 
 Delivery of special deposit to wrong per- 
 son. 32 L.R.A. 775. 
 
 25a. Stopping payment. 
 
 Right to stop payment of. 30 L.R.A. 845. 
 
 Of certified check. 20 L.R.A. (N.S.) 290. 
 
 Action by drawee essential to terminate 
 drawer's right to stop payment of 
 check. 39 L.R.A.(N.S.) 655. 
 
 Obtaining money by check with intent to 
 stop payment, as a false pretense. 41 
 L.R.A.(N.S.) 170. 
 
 Rights and liability arising out of failure 
 of bank to comply with order stopping 
 payment of check. L.R.A.1916F, 828. 
 
 26. Dishonoring check. 
 
 Liability of bank for refusal to pay. 15 
 
 L.R.A. 134. 
 Character of action for dishonor of check. 
 
 5 L.R.A.(N.S.) 870.
 
 92 
 
 INDEX TO L.R.A. NOTES. 
 
 BANKS, V. a cont'd 
 
 Admissibility of drawer's want of credit in 
 action by him against bank for wrong- 
 ful^ dishonoring check. 11 L.R.A. 
 (N.S.) 224. 
 
 Liability of national bank on its promise 
 to honor checks to be drawn upon it by 
 one who has no funds on deposit to 
 meet the same. 17 L.R.A. (N.S.) 526. 
 
 Right of holder of check to maintain action 
 thereon against bank. L.R.A.1916C, 
 165. t 
 
 Duty of bank to apply savings account to 
 check. L.R.A.1916A, 1222. 
 
 27. Paying out deposits generally. 
 
 Right of bank to impeach sources of de- 
 posit as against holder of check drawn 
 against the same. 37 L.R.A. (N.S.) 
 1186. 
 
 Delivery of special deposit to wrong person. 
 32 L.R.A. 775. 
 
 Obligation to pay in coin where coin de- 
 posited. 29 L.R.A. 523. 
 
 Duty of bank as to payment of money held 
 as bailee. 21 L.R.A. (N.S.) 816. 
 
 Liability of bank for failure to prevent mis- 
 appropriation of funds by a fiduciary. 
 L.R.A.1915C, 518. 
 
 Payment of money deposited on joint ac- 
 count. L.R.A.1915D, 920. 
 
 28. Recovery back of money paid out 
 by bank. 
 
 Liability to bank of one who, without 
 knowledge of the fraud, draws out 
 funds fraudulently credited to him by 
 its officers or employees. 31 L.R.A. 
 (N.S.) 1126. 
 
 Right of bank to recover amount paid on 
 check in ignorance of insolvency of 
 drawer, who was indebted to it. 33 
 L.R.A.(N.S.) 963. 
 
 Right of bank to recover amount paid on 
 check or other paper drawn upon or 
 payable at it, under mistaken belief 
 that there were sufficient funds to 
 meet it. 23 L.R.A. (N.S.) 1092; 33 
 L.R.A.(N.S.) 1023; L.R.A.1918F, 811. 
 
 Right of depositor to recover against one 
 to whom bank was paid excessive or 
 unauthorized payment. 42 L.R.A. 
 (N.S.) 1135. 
 
 29. on forged paper. 
 
 Effect of payment on forged check or order, 
 
 see supra, 24. 
 Effect of payment to impostor or person 
 
 of same name, see supra, 25. 
 
 Right of bank in respect to certified check 
 or draft fraudulently altered. 4 B. R. 
 C. 588. 
 
 Right of drawee of forged check or draft to 
 recover money paid thereon. 10 
 L.R.A.(N.S.) 49; 25 L.R.A.(N.S.) 
 1308; 29 L.R.A. (N.S.) 100; L.R.A. 
 1915A, 77. 
 
 Right of drawee of check to recover money 
 paid on forged indorsement. L.R.A. 
 1916E, 539 
 
 Begin icitli tJiis booJe on every law question. 
 
 BANKS, V. a cont'd 
 
 Delay in giving notice of forgery as es- 
 toppel of true owner to recover on a 
 forged indorsement. 40 L.R.A. (N.S.) 
 657. 
 
 30. Certificates of deposit. 
 
 Limitation of action on, see LIMITATIO.N OF 
 ACTIONS, 25, 26. 
 
 Garnishment of debt evidenced by certifi- 
 cate of deposit. L.R.A.1918C, 750. 
 
 Certificate of deposit as a negotiable instru- 
 ment. L.R.A.1918C, 691. 
 
 Maturity of. 15 L.R.A. 386. 
 
 Defense against, when transferred after 
 maturity. 46 L.R.A. 809. 
 
 Presumption as to time of alteration in 
 certificate of deposit. 39 L.R.A. (N.S.) 
 114. 
 
 ft. Collections. . 
 
 31. Generally. 
 
 Liability of bank for misappropriation of 
 collections by its officers or employees 
 L.R.A.1917A, 522. 
 
 Bank to which paper is sent for collection 
 at request of obligor as agent of ob- 
 ligor or of holder. 34 L.R.A. (N.S.) 
 734. 
 
 Banking customs as to. 21 L.R.A. 442. 
 
 Right to show by parol evidence that in- 
 dorsement, unrestricted in form, was 
 made for purpose of collection only. 
 17 L.R.A.(N.S.) 838. 
 
 Rights and liabilities of assignee of bill of 
 lading with draft attached as against 
 consignee who does not get goods or 
 finds them defective. 49 L.R.A. 679; 
 1 L.R.A.(N.S.) 242; 18 L.R.A. (N.S.) 
 1221; 32 L.R.A.(N.S.) 1173; 52 L.R.A. 
 (N.S.) 241. 
 
 Criminal liability of collector of draft at- 
 tached to bill of lading for liquor. 46 
 L.R.A. (N.S.) 1139. 
 
 Right of discounter of draft as to property 
 covered by a bill of lading attached to 
 draft. 49 L.R.A. (N.S.) 644. 
 
 Right of holder of check against bank 
 which cashes it on a forged indorse- 
 ment and then collects it from the 
 drawee. 15 L.R.A.(N.S.) 519; L.R.A 
 1917A, 148. 
 
 Right of bank, in action l:y holder for 
 proceeds of commercial paper collected 
 by it; to avail itself of defenses that 
 would have been- available in an action 
 on the paper. 26 L.R.A. (N.S.) 1098. 
 
 32. Title to, and disposition of, col- 
 lection or funds. 
 
 Trust in proceeds of collection by insolvent 
 
 bank. 32 L.R.A. 715; 38 L.R.A. (N.S.) 
 
 146; L.R.A.1917F, 603. 
 Banking custom as to treatment of check 
 
 deposited "for collection." 21 L.R.A. 
 
 443. 
 Title to check drawn on another bank which 
 
 has been credited to depositor. 47 
 
 L.R.A.(N.S.) 552.
 
 INDEX TO L.R.A. NOTES. 
 
 93 
 
 BANKS, V. b cont'd 
 
 33. Duty and liability of collecting 
 bank. 
 
 Loss of check after it had been credited to 
 
 depositor's account. L.R.A.1917A, 658. 
 Diligence required in collecting check 
 
 taken bv collecting bank. 3 L.R.A. 
 
 (N.S.) 1167. 
 Damages for negligence as to collection of 
 
 commercial paper. 1 L.R.A. (N.S.) 
 
 246, 
 Actual damage as a condition of liability 
 
 for negligence in presenting check. 1 
 
 L.R.A. (N.S.) 246. 
 Criminal liability of bank collecting draft 
 
 attached to bill of lading for liquor. 
 
 46 L.R.A.(N.S.) 1139. 
 Rule or custom of clearing house relating 
 
 to -time for presentation of checks as 
 
 affecting liability of collecting bank. 
 
 50 L.R.A. (N.S.) 542. 
 Liability for default of correspondent. 52 
 
 L.R.A. (N.S.) 608. 
 Responsibility of holder of paper as col- 
 
 Interal security for default of those to 
 
 whom the paper is intrusted for collec- 
 tion. L.R.A.1917E, 509. 
 
 34. what may be accepted in pay- 
 ment. 
 
 Liability for taking check or draft in pay- 
 ment of paper held for collection. 3 
 
 L.R.A. (N.S.) 1179. 
 
 35. -sending directly to drawee 
 bank. 
 
 Generally. 27 L.R.A. 248; 18 L.R.A.(N.S.) 
 
 441." 
 Effect of banking custom as to. 21 L.R.A. 
 
 443. 
 Validity of custom. 2 L.R.A. (N.S.) 194. 
 
 c. Other transactions; discounts, 
 
 36. Generally. 
 
 Liability of bank as accommodation in- 
 
 dorser. 23 L.R.A. 836. 
 Liability of bank directors in case of bad 
 
 loans or investments. 39 L.R.A. (N.S.) 
 
 173. 
 Nature of drafts by one bank on another. 
 
 23 L.R.A. 173. 
 Effect of national bank reserving illegal 
 
 interest. 56 L.R.A. 673. 
 Right of a bank to engage in business to 
 
 save debt. 27 L.R.A. (N.S.) 243. 
 Right or power of bank to purchase draft 
 
 with bill of lading attached. L.R.A. 
 
 1918D, 706. 
 Right of bank acquiring paper void for 
 
 usury as between prior parties, under 
 
 a statute prescribing special and ex- 
 clusive penalties against a bank which 
 
 takes usury. 16 L.R.A. (N.S.) 626. 
 Validity of contract as to circulating notes, 
 
 which violates statute. 12 L.R.A. 
 
 (N.S.) 610. 
 Power of bank to pledge assets to secure 
 
 depositor. 45 L.R.A.(N.S.) 950. 
 Presumption and burden of proof as to 
 
 negligence in case of embezzlement of 
 
 Eroperty while in possession of bank as 
 ailee. * 43 L.R.A.(N.S.) 1190. 
 Consult nlso L.R.A. Digests of Cases. 
 
 BANKS, V. c cont'd 
 
 Liability of bank for interest on money de- 
 posited with it to secure performance 
 of contract or decree, or to indemnify 
 against losses or claims. 52 L.R.A. 
 (N.S.) 522. 
 
 37. guaranty of loan by national 
 bank. 
 
 Generally. 32 L.R.A.(N.S.) 544; L.R.A. 
 1918A, 415. 
 
 As affecting remedies' of bank. 32 L.R.A. 
 (N.S.) 544. 
 
 As affecting bank's liability on accommo- 
 dation guaranty. 32 L.R.A.(N.S.) 545. 
 
 As affecting liability of bank benefited by 
 transactions. 32 L.R.A. (N.S.) 546. 
 
 37a. discounts. 
 
 Taking interest in advance. 29 L.R.A. 761 ; 
 L.R.A.1915D, 1195. 
 
 Purchase of notes and bills by bank as dis- 
 tinguished from discounting. 16 
 L.R.A. 223. 
 
 Amount of discount as putting purchaser 
 of negotiable paper on inquiry. 29 
 L.R.A.(N.S.) 378; 44 L.R.A.(N.S.) 404. 
 
 Power of bank to discount draft with bill 
 of lading attached. L.R.A.1918D, 706. 
 
 Right of bank discounting draft as to prop-- 
 erty covered by a bill of lading at- 
 tached to draft. 49 L.R.A. (N.S.) 644. 
 
 d. Clearing-house business. 
 
 38. Generally. 
 
 Origin and description. 25 L.R.A. 824. 
 
 Rights and liabilities of clearing houses. 
 25 L.R.A. 825. 
 
 Clearing-house loan certificates. 25 L.R.A. 
 826. 
 
 Clearing-house duebill. 25 L.R.A. 826. 
 
 Presentation and payment through clear- 
 ing-house. 25 L.R.A. 826. 
 
 Return of paper not good after receiv- 
 ing it through clearing-house. 25 
 L.R.A. 827. 
 
 Effect of clearing-house rules and customs. 
 25 L.R.A. 830. 
 
 Agency of clearing-house members. 25 
 L.R.A. 830. 
 
 Gold clearing-house. 25 L.R.A. 830. 
 
 Country clearing-house of London. 25 
 L.R.A. 831. 
 
 Miscellaneous. 25 L.R.A. 831. 
 
 Rule or custom of clearing house relating to 
 time for presentation of checks as af- 
 fecting liability of collecting bank. 50 
 L.R.A.(N.S.) 542. 
 
 VI. Insolvency of bank. 
 
 39. Generally. 
 
 Liability for loss of deposit by, see supra, 
 16. 
 
 Reception of deposit by bank while in- 
 solvent as a crime, see infra, 51. 
 
 Constitutionality of statute authorizing of- 
 ficer to take charge of assets of bank 
 upon suspicion of insolvency. L.R.A. 
 1915E, 675.
 
 94 
 
 INDEX TO L.R.A. NOTES. 
 
 BANKS, VI. cont'd 
 
 Receiving deposit when insolvent as a fraud. 
 34 L.R.A. 533. 
 
 Liability of one to whom an insolvent bank 
 has' paid a check. 13 L.R.A. (N.S.) 
 185; 50 L.R.A.(N.S.) 239. 
 
 Effect on surety or indorser of insolvent 
 bank's failure to apply principal's de- 
 posit to account on note. 8 L.R.A. 
 (N.S.) 955; L.R.A.1917F, 266. 
 
 Preliminary injunction, effect of which is 
 to transfer possession of assets of bank 
 from directors to trustees under as- 
 signment for benefit of creditors. 39 
 L.R.A. (N.S.) 34. 
 
 Liability of officers for failure to close in- 
 solvent bank, 3 L.R.A. (N.S.) 438. 
 
 Reorganization of banking corporation in 
 insolvency proceeding as affecting lia- 
 bility on existing obligations. L.R.A. 
 1918B, 619. 
 
 40. Preferences. 
 
 Exceptions to the prohibition of preferences 
 by insolvent national banks. 25 
 L.R.A. 546. 
 
 Right to preference for money paid to in- 
 solvent bank for draft. 10 L.R.A. 
 (N.S.) 928; 39 L.R.A.(N.S.) 563. 
 
 Claim of preference of special or trust de- 
 posit out of funds of insolvent bank. 
 1 L.R.A.(N.S.) 252. 
 
 Right to preference in respect of public 
 funds deposited in bank which subse- 
 quently becomes insolvent. 5 L.R.A. 
 (N.S.) 886; 16 L.R.A.(N.S.) 918; 
 L.R.A.1917A, 683. 
 
 Common-law priority of state or United 
 States in payment from assets of in- 
 solvent bank. 46 L.R.A. (N.S.) 260; 
 L.R.A.1918A, 398. 
 
 Liability of one to whom an insolvent bank 
 has paid a check. 50 L.R.A. (N.S.) 239. 
 
 Rights, against receiver, as to paper de- 
 posited before, but not collected at 
 the time, the bank closed its doors. 
 L.R.A.1015D, 402. 
 
 Right of purchaser of a draft from a bank 
 to lien or preference to collateral in 
 hands of drawee upon insolvency of the 
 drawer. L.R.A.1915B, 438. 
 
 Effect of deposit by broker or factor to his 
 own account by proceeds of sale of cus- 
 tomer's stock or property to create a 
 trust entitled to a preference. 27 
 L.R.A.(N.S.) 808. 
 
 Payment of depositor during a run on a 
 bank as an unlawful preference. 36 
 L.R.A. 675. 
 
 Pledge of securities by insolvent bank as an 
 unlawful preference. L.R.A.1917A, 701. 
 
 41. Trust in funds. 
 
 Trust in deposit in insolvent bank. 34 
 
 L.R.A. 532. 
 
 Trust in proceeds of collection made by 
 bank when insolvent. 32 L.R.A. 
 715; 38 L.R.A. (N.S.) 146; L.R.A. 
 1917F, 603. 
 
 Priority in assets of insolvent national bank 
 by reason of trust character of de- 
 posit. 25 L.R.A. 546. 
 
 BANKS, VI. cont'd 
 
 Claim of preference of trust deposit out 
 
 of funds of insolvent bank. ] L.R.A. 
 
 (N.S.) 252. 
 Lien on commercial paper purchased by 
 
 bank after it lias mingled trust money 
 
 with its own funds. 15 L.R.A. (N.S.) 
 
 1100. 
 
 42. Right of set-off. 
 
 See SET-OFF AND COUNTERCLAIM, 19a. 
 
 VII. Savings banks. 
 
 43. Generally. 
 
 Gift of deposit in, see supra, 12, 13. 
 
 Joint account in. 31 L.R.A. 454. 
 
 Effect of delivery of savings bank book as 
 gift of deposit. 18 L.R.A. 171. 
 
 Duty of bank to apply savings account to 
 check. L.R.A.1916A, 1222. 
 
 Delivery necessary to complete gift of sav- 
 ings bank account when book is already 
 in donee's possession. 17 L.R.A. (N.S.) 
 181. 
 
 Right to withdraw deposit from savings 
 bank without presenting pass book. 46 
 L.R.A. (N.S.) 194. 
 
 44. Liability for payments to fraudu- 
 lent claimants. 
 
 General rule requiring reasonable care by 
 the bank. 69 L.R.A. 317. 
 
 The application of the rule of reasonable 
 care as affected by the bank's by- 
 laws. 69 L.R:A. 318. 
 
 The binding effect of the by-laws upon the 
 depositor. 69 L.R."A. 324. 
 
 Limits of the application of the rule re- 
 quiring reasonable care. 69 L.R.A. 
 327. 
 
 Contributory negligence of the depositor. 
 69 L.R.A. 340. 
 
 Matters of evidence. 69 L.R.A. 342. 
 
 Payment by savings bank on forged order. 
 18 L.R.A.(N.S.) 431. 
 
 Till. National banks. 
 
 45. Generally. 
 
 State taxation of, see TAXES, 7. 
 
 Effect of usury by national bank, see 
 
 USURY, 11. 
 Set-off in case of usury, see SET-OFF AND 
 
 COUNTERCLAIM, 8. 
 
 Power of national bank to acquire and hold 
 stock of other corporations. L.R.A. 
 1916A, 584. 
 
 Power of national bank to receive special 
 deposits. L.R.A.1918A, 73. 
 
 Liability of national bank upon its promise 
 to honor checks to be drawn upon it by 
 one who has no funds on deposit to 
 meet the same. 17 L.R.A. (N;S.) 526. 
 
 Liability for loss of special deposit. 32 
 L.R.A. 770. 
 
 Exceptions to prohibition of preferences by 
 insolvent national banks. 25 L.R.A. 
 546. 
 
 Begin tvith this booh on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 BANKS, VIII. cont'd 
 
 46. Transfer of stock. 
 
 Restriction on transfer of stock in national 
 bank. 27 L.R.A. 273. 
 
 Effect of by-law requiring transfer of na- 
 tional bank stock on books. 67 L.R.A. 
 673. 
 
 47. Guaranty of loan by. 
 
 Guaranty of loan by. 32 L.R.A.(N.S.) 544; 
 L.R.A.1918A, 415. 
 
 48. Jurisdiction. 
 
 Jurisdiction of state courts over actions by 
 or against national banks. 48 L.R.A. 
 35. 
 
 Jurisdiction of United States Supreme 
 Court in action against national bank 
 to recover penalty for taking usury. 
 56 L.R.A. 680. 
 
 Question relating to national banks as Fed- 
 eral question. 62 L.R.A. 536. 
 
 IX. State banks. 
 
 49. Generally. 
 
 Nature and privileges of state bank. 29 
 L.R.A. 378. 
 
 Nature and relation to state of incorpo- 
 rated bank belonging to it. 29 L.R.A. 
 378. 
 
 X. Taxation. 
 
 50. Generally, 
 
 Of national banks, see TAXES, 7. 
 As to corporate taxation, generally, see 
 TAXES, II. 
 
 Of franchise. 57 L.R.A. 56. 
 
 Taxation of banking corporations in the 
 United States as affected by the con- 
 tract clause in the Federal Constitu- 
 tion. 60 L.R.A. 60, 86. 
 
 Taxation of bank deposits. 57 L.R.A. 72. 
 
 Situs as between different states or coun- 
 tries of bank deposits for purposes of 
 property taxation. L.R.A.1915C, 938. 
 
 Bank deposit to credit of nonresident of 
 state as subject of local property taxa- 
 tion. 26 L.R.A. (N.S.) 1120. 
 
 Inheritance or succession tax on bank de- 
 posit to take effect after donor's death. 
 38 L.R.A.(N.S.) 1149. 
 
 XI. Crimes. 
 
 51. Generally. 
 
 Criminal liability for receiving deposit in 
 bank knowing of its insolvency. 
 31 L.R.A. 124. 
 
 When is a bank insolvent within statute 
 making it an offense to receive further 
 deposits. 20 L.R.A. (N.S.) 444. 
 
 Power of legislature to provide that failure 
 of bank shall be prima facie evidence 
 of knowledge of insolvency at time of 
 receiving deposit. L.R.A.1915C, 732. 
 
 Constitutionality of statutes making receiv- 
 ing of deposits after bank is insolvent 
 a crimp. 22 L.R.A. (N.S.) 266. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BANKS, XL Kiont'd 
 
 Is the actual personal receipt of a deposit 
 by an officer or employee of an insolvent 
 bank essential to his conviction. 26 
 L.R.A.(N.S.) 1072. 
 
 XII. Banlc guaranty law. 
 
 52. Generally. 
 
 Constitutionality 
 1065. 
 
 of. 32 L.R.A.(N.S.) 
 
 BAPTISMAL REGISTER. 
 
 Immaterial alteration in. 39 L.R.A. (N.S.) 
 115. 
 
 BAR. 
 
 Of statute of limitations, see LIMITATION 
 OF ACTIONS. 
 
 BAR ASSOCIATION. 
 
 Membership in, as disqualification of judge 
 to preside at disbarment proceedings. 
 39 L.R.A.(N.S.) 116. 
 
 BARBERS. 
 
 1. In general. 
 
 License of, see LICENSE, 22a. 
 
 Constitutionality and effect of restrictions 
 on right to practise trade of bar- 
 ber. 40 L.R.A. (N.S.) 629. 
 
 2. Violation of Sunday law. 
 
 Keeping shop open on Sunday. 14 L.R.A. 
 
 194; L.R.A.1917B, 97. 
 Validity of classification in Sunday law 
 
 with regard to. 14 L.R.A. (N.S.) 1259; 
 
 32 L.R.A.(N.S.) 1190. 
 Special penalty for violation of Sunday 
 
 closing act. 15 L.R.A.(N.S.) 646. 
 
 BARK. 
 
 Oral contract for sale of. 19 L.R.A. 721. 
 Sufficiency of delivery of tan bark on sale 
 out of larger lot. 26 L.R.A. (N.S.) 40. 
 
 BARKING DOGS. 
 
 Right to kill. 15 L.R.A. 249. 
 
 As nuisance. 7 L.R.A. (N.S.) 349.
 
 96 
 
 INDEX TO L.R.A. NOTES. 
 
 BARN. 
 
 What passes under bequest of contents o 
 property and effects contained in 
 L.R.A.1915C, 653. 
 
 BARRATRY. 
 
 Effect of barratrous conduct upon liability 
 upon marine insurance policy. 1 L.R.A 
 (N.S.) 1098. 
 
 BARRIERS. 
 
 In highway, see HIGHWAYS, 73. 
 
 Ferryman's duty to maintain proper bar- 
 riers to protect passengers and prop- 
 erty. 68 L.R.A. 155. 
 
 BARROOMS. 
 
 Municipal power as to screens in. 24 L.R.A. 
 768. 
 
 BARS. 
 
 See also GATES. 
 
 Right to maintain, across easement of way. 
 48 L.R.A.(N.S.) 87. 
 
 BARTER. 
 
 Of horses, see HOUSE TRADE. 
 
 BASEBALL. 
 
 Playing on Sunday as an offense. 21 L.R.A. 
 
 (N.S.) 63; 32 L.R.A.(N.S.) 1186; 41 
 
 L.R.A.(N.S.) 407. 
 Liability of owners of base ball park or of 
 
 management of base ball exhibition for 
 
 safety of patrons. L.R.A.1915F, 694. 
 
 BASE COIN. 
 
 As medium of payment, see PAYMENT, 8. 
 
 BASIN. 
 
 Surface water as distinguished from. 
 L.R.A. 529. 
 
 BASTARDY. 
 
 1. Generally. 
 
 Inheritance by or from bastards, see DE- 
 SCENT, 593., 5. 
 
 As to legitimacy and illegitimacy, general- 
 ly, see ILLEGITIMATES. 
 
 Actionability of charge that one is bastard, 
 see LIBEL AND SLANDER, 13. 
 
 As to action of parent for seduction of 
 child, see SEDUCTION, 4. 
 
 Using lunatic's property in support of il- 
 legitimate children. 34 L.R.A. 298. 
 
 Existence of bastard child as ground of 
 divorce or annulment of marriage. 18 
 L.R.A. 377; L.R.A.1916E, 652. 
 
 Effect of putative father's attempt to ap- 
 point guardian for child against sur- 
 viving mother. 13 L.R.A. (N.S.) 294. 
 
 2. Bastardy proceedings. 
 
 Termination of proceeding as bar to sub- 
 sequent case. 1 L.R.A.fN.S.) 470. 
 
 Right of prpsecutrix to private counsel. 
 33 L.R.A.(N.S.) 463. 
 
 Attorney's lien on fund in bastardy proceed- 
 ings. 11 L.R.A. (N.S.) 630. 
 
 Form of judgment on bastardy bond. 62 
 L.R.A. 444. 
 
 Limitation applicable to bastardy proceed- 
 ings or action to compel support. 40 
 L.R.A.(N.S.) 144. 
 
 Necessity of guardian ad litem for infant 
 in bastardy proceeding. 52 L.R.A. 
 (N.S.) 799. 
 
 Right of the parties to compromise or set- 
 tle. L.R.A.1918D, 291. 
 
 3. abatement of, by death. 
 
 Death of defendant. 30 L.R.A. (N.S.) 1167. 
 Death of complainant. 30 L.R.A. (N.S.) 
 
 1167. 
 Death of child. 30 L.R.A. (N.S.) 1168. 
 
 ) 4. evidence in. 
 
 Presumption and burden of proof. L.R.A. 
 1918C, 891. 
 
 Power of legislature to enact prima facie 
 rule of evidence. L.R.A.1915C, 733. 
 
 Parol evidence as to resemblance in proof 
 of. 52 L.R.A. 500. 
 
 Evidence of other crimes in prosecution 
 for. 62 L.R.A. 329. 
 
 Evidence of specific instances to prove char- 
 acter of mother for chastity. 14 L.R.A. 
 (N.S.) 733; L.R.A.1916B, 969. 
 
 Competence of woman to testifv as to non- 
 access of husband. 2 L.R.A' (N.S.) 619; 
 L.R.A.1916B, 1053. 
 
 roof necessary to establish bastardy of 
 child born to married "woman. 36 
 L.R.A. (N.S.) 255. 
 
 xhibition of child for purpose of deter- 
 mining paternity. L.R.A. 1917B, 1148. 
 Admissibility of declarations of parents or 
 putative parents as to paternity or 
 maternity of child. 6 B. R. C. 853. 
 
 5. Liability on bond; punishment. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond. L.R.A.1917B, 990. 
 Begin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 97 
 
 BASTARDY cont'd 
 
 Penalty as limit of liability on bond in 
 bastardy proceedings. 55 L.R.A. 395. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 570. 
 
 Imprisonment under order in bastardy pro- 
 ceeding, as imprisonment for debt. 34 
 L.R.A. 667; L.R.A.1915B, 651. 
 
 BATH HOUSE. 
 
 See also BATHING RESORT. 
 
 Liability of proprietor to patron. 32 L.R.A. 
 
 (N.S.) 715. 
 Liability of keeper of bath house for loss 
 
 of guest's valuables. 6 L.R.A.(N.S.) 
 
 828. 
 
 BATHING. 
 
 Right of public to bathe on the seashore. 
 
 8 L.R.A.(N.S.) 1047. 
 Surf bathing as violation of Sunday laws. 
 
 30 L.R.A.(N.S.) 470. 
 
 BATHING RESORT. 
 
 See also BATH HOUSE. 
 
 Care required from proprietor of. 3 L.R.A. 
 (N.S.) 982. 
 
 Liability of person maintaining, for safety 
 of patrons. 3 L.R.A. (N.S.) 982, 1132; 
 32 L.R.A. (N.S.) 715; 38 L.R.A. (N.S.) 
 72; 42 L.R.A.(N,S.) 1073; L.R.A. 
 1915F, 698. 
 
 Private action for violation of statute de- 
 signed to promote safety of sea bathers. 
 L.R.A.1915E, 561. 
 
 BATTERY. 
 
 See ASSAULT AND BATTEBY. 
 
 BAWDYHOUSE. 
 
 See DISORDERLY HOUSE. 
 
 BAYS. 
 
 As boundary between states, see BOUNDARY, 
 2. 
 
 Jurisdiction over. 46 L.R.A. 275. 
 
 BAY WINDOWS. 
 
 Municipal regulation of, as nuisances. 39 
 
 L.R.A. 667. 
 Consult also L.R.A. Digests of Cases. 7 
 
 BAY WINDOWS cont'd 
 
 Power of municipality to permit extension 
 
 of, into street. 28 L.R.A. (N.S.) 375. 
 Violating ordinance as to, as ground for 
 
 private action. 5 L.R.A. (N.S.) 261. 
 Bay window extending beyond line as vio- 
 
 lation of building restriction. 
 L.R.A. (N.S.) 1044, 1052. 
 
 52 
 
 BEAMS. 
 
 As defect in dock or wharf. 
 949. 
 
 61 L.R.A. 
 
 BEAR. 
 
 Liability for injury by. 11 L.R.A. (N.S.) 
 748; 52 L.R.A. (N.S.) 378. 
 
 Liability of master to servant for personal 
 injury by bear kept for exhibition 
 purposes. 23 L.R.A. (N.S.) 1071. 
 
 BED. 
 
 Under water, rights in, see WATERS, 
 17. 
 
 12- 
 
 BEDDING. 
 
 Carrier's duty to furnish bedding for live 
 stock. 23 L.R.A.(N.S.) 278. 
 
 BEER*. 
 
 As to intoxicating liquors, generally, see 
 INTOXICATING LIQUOR. 
 
 Judicial notice that beer is intoxicating. 
 48 L.R.A.(N.S.) 309, 316. 
 
 BEES. 
 
 Property rights in. 40 L.R.A. 687. 
 Liability of owners of, for injuries done 
 
 by them. 62 L.R.A. 132. 
 As a nuisance. 62 L.R.A. 133. 
 
 BEHAVIOR. 
 
 Reduction, of term of imprisonment for good 
 behavior. 34 L.R.A. 509. 
 
 BELIEF. 
 
 Information and belief, see INFORMATION 
 
 AND BELIEF. 
 Effect of, on criminal responsibility, see 
 
 CRIMINAL LAW, 13, 14.
 
 INDEX TO L.R.A. NOTES. 
 
 BELIEF oont'd 
 
 Effect of, on adverse possession beyond 
 
 boundary line. 21 L.R.A. 831. 
 Belief in redden statement as affecting 
 
 fraud. 35 L.R.A. 432. 
 Of prosecutor obtaining advice of counsel 
 
 for prosecution. 18 L.R.A. (N.S.) 63. 
 Perjury in statements involving matters of. 
 
 25 L.R.A.(N.S.) 654. 
 
 BELLS. 
 
 Duty of bicyclists to carry. 47 L.R.A. 205. 
 
 Violation of ordinance as to sounding of 
 bells on street cars as ground for pri- 
 vate action. 5 L.R.A.(N.S.) 252. 
 
 Ringing of, as disturbance of public peace. 
 
 32 L.RJMN.S.) 505. 
 
 BELT RAILROAD. 
 
 Exercise of power of eminent domain by. 
 10 LH.A.(N.S.) 909. 
 
 BENEFICIAL PLAINTIFF. 
 
 Liability of, for costs. 62 L.R.A. 618. 
 
 BENEFICIARIES. 
 
 Of charitable bequest, see CHARITIES. 
 
 In insurance policy or certificates, see IN- 
 
 SURANCE. 
 Of will, see WILLS, V. f. 
 
 BENEFITS. 
 
 Set-off of, in eminent domain, see DAMAGES, 
 93. 
 
 Estoi-'u-i by receiving, see ESTOPPEL, 32, 
 33. 
 
 Under policy, right to decrease, see IN- 
 SURANCE, 179. 
 
 As basis for assessment for public improve- 
 ment, see PUBLIC IMPROVEMENTS, 26. 
 
 Reservation of, by grantor as showing 
 fraudulent intent. 31 L.R.A. 633. 
 
 BENEVOLENCE. 
 
 Devise or bequest for, see CHARITIES. 
 
 BENEVOLENT SOCIETIES. 
 
 1. Generally. 
 
 As to associations, generally, see ASSOCIA- 
 TIONS. 
 
 As to charities generally, see CHARITIES. 
 Insurance by, see INSURANCE. 
 
 Liability of property owned by fraternal 
 
 > < ii'ties to 
 
 assessment for 
 35 L.R.A. 3S. 
 
 local im- 
 
 Begin u itli this book, on every law question. 
 
 I'.KN KVOLENT SOCIETIES cont'd 
 
 Liability of lessor of property leased for 
 lodge room for personal injuries to pa- 
 tron. L.R.A.1916F, 112!). 
 
 Use of lodge or club building for entertain- 
 ment or social purposes as aU'ectinjr 
 right to exemption from taxation. 
 L.R.A.1915F, 694. 
 
 Right of benevolent society to protection 
 against use of name, insignia, ritual, 
 etc., by another organization. L.R.A. 
 1915B, 1074. 
 
 Right to property of local branch of benefit 
 society in event of secession or at- 
 tempted secession. 47 L.R.A.. 
 (N.S.) 927. 
 
 Conclusiveness of decisions of tribunals of.. 
 49 L.R.A. 353; 2 L.R.A. (N.S.) 672. 
 
 Conclusiveness of decisions of tribunal of 
 mutual benefit associations directly 
 upon claims for benefits; and duty to- 
 exhaust remedies within association. 
 52 L.R.A. (N.S.) 823. 
 
 2. Nature of society. 
 
 Benefit association as an insurance com- 
 pany. 38 L.R.A. 33. 
 
 Fraternal benefit society as a benevolent or 
 charitable association witiiin exemp- 
 tion statutes. 7 L.R.A. (N.S.) 380. 
 
 3. Rights and obligations of inein- 
 bers. 
 
 Members of associations generally, see AS- 
 SOCIATIONS, 3. 
 
 Infant as member of co-operative insur- 
 ance company. 17 L.R.A. 547. 
 
 Liability of benevolent or fraternal society 
 for injury to person during initiation. 
 13 L.R.A. (N.S.) 314; L.R.A.1917C, 476. 
 
 Right of members of subordinate lodge of 
 benefit society, which has been suspend- 
 ed or dissolved, to transfer to another 
 lodge. L.R.A.1918F, 780. 
 
 3a. Expulsion or suspension of 
 member. 
 
 Validity and effect of by-law of mut--al 
 benefit society suspending member who- 
 disappears. L.R.A.1917A, 182. 
 
 Conclusiveness of decision of tribunal of 
 mutual benefit society suspending or ex- 
 pelling a member. 52 L.R.A. (N.S.) 
 806. 
 
 Necessity of exhausting remedies within or- 
 der against decision expelling or sus- 
 pending a member from a mutual bene- 
 fit association. 52 L.R.A. (N.S.) 817. 
 
 Liability of benevolent or fraternal society 
 for injury to person during expulsion. 
 13 L.R.A.(N.S.) 314; L.R.A.1917C, 476. 
 
 Effect of expulsion from a society to de- 
 stroy right to insurance connected 
 therewith. 25 L.R.A. 149. 
 
 Wrongful expulsion of member as ground 
 for dissolution of association. L.R.A. 
 1918B, 310. 
 
 4. Regulations; by-laws. 
 
 As to by-laws affecting insurance rights of 
 members, see INSURANCE, 46. 
 
 Validity and effect of by-law of mutual 
 benefit societ^- suspending member who 
 disappears. L.R.A.1917A, 182.
 
 INDEX TO L.ll.A. MOTES. 
 
 BENEVOLENT SOCIETIES confd 
 
 Reasonableness of new by-laws as implied 
 condition of consent to change of by- 
 laws.' 8 L.R.A. (N.S.) 521. 
 
 Right of physician to complain of regula- 
 tions of beneficial association or em- 
 ployer as to employment of physician. 
 L.R.A.1916B, 839. 
 
 Requiring remedies within the order to be 
 exhausted as condition precedent to ac- 
 tion on claim for benefits. 52 L.R.A. 
 (N.S.) 823. 
 
 Validity of provision as to conclusiveness 
 of decision of tribunals directly upon 
 claims for benefits. 52 L.R.A. (N.S.) 
 823. 
 
 5. Dissolution of. 
 
 Right, upon dissolution of benefit associa- 
 tion, or local branch thereof, to funds 
 voluntarily accumulated by the branch, 
 to be expended solely for the benefit of 
 its members. 15 L.R.A. (N.S.) 336. 
 
 Disposition of real estate upon dissolution 
 of a corporation created for benevolent 
 or social purposes. 35 L.R.A. (N.S.) 
 895. 
 
 Wrongful expulsion or violation of property 
 rights of member as ground for disso- 
 lution of association. L.R.A.1918B, 
 310. 
 
 BENZIN. 
 
 Keeping of, on insured premises. 
 1917C, 278. 
 
 L.R.A, 
 
 BENZOL. 
 
 Keeping of, on insured premises. 
 1917C, 278. 
 
 L.R.A. 
 
 BEQUEST. 
 
 See WILLS, V. 
 
 BERTH. 
 
 Liability for failure to supply. 5 L.R.A. 
 (N.S.) 1012. 
 
 Constitutionality of statute requiring un- 
 occupied upper berth to be left closed. 
 L.R.A.1916A. 1139. 
 
 BERTILLON SYSTEM. 
 
 Right to take or retain in rogue's gallery, 
 picture of one accused of crime. 7 
 L.R.A.(N.S.) 274; 23 L.R.A. (N.S.) 
 739; L.R.A. 191 6 A, 743. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BEST EVIDENCE. 
 
 See EVIDENCE, IV. 
 
 -- 
 
 BETROTHED. 
 
 See FIANCEE. 
 
 
 
 BETTERMENTS. 
 
 See IMPBOVEMENTS. 
 
 BETTING. 
 
 As to wagering contracts, see CONTEACTS, 
 
 105, 106, 115, 116. 
 As to avowed betting and wagering, see 
 
 GAMING. 
 
 Legality of wagers; betting. 18 L.R.A. 859. 
 Betting on streets as nuisance. 39 L.R.A.- 
 
 681. 
 Oral betting as violation of statute against 
 
 book-making. 25 L.R.A. (N.S.) 479. 
 Larceny by obtaining money by wagc'r on 1 
 
 fraudulent race or game. 1 L.R.A.. 
 
 (N.S.) 862; 20 L.R.A. (N.S.) 1164. 
 Illegal intent of prosecutor as affecting" 
 
 guilt of obtaining property by means of 
 
 fake bet. 17 L.R.A. (N.S.) 276. 
 Injunction against enforcement of betting 
 
 contract. 48 L.R.A. 844. 
 
 - *-- - . 
 
 BEVERAGE. 
 
 See INTOXICATING LIQUOBS; NONINTOXICAT- 
 ING LIQUOBS. 
 
 BIAS. 
 
 18 
 
 28 
 
 Of jurors as ground for new trial. 
 L.R.A. 476. 
 
 As disqualification of grand juror. 
 L.R.A. 200. 
 
 Of expert witness to handwriting. 63 
 L.R.A. 943. 
 
 As affecting conclusiveness of testimony of 
 experts. 42 L.R.A. 759. 
 
 Effect of, to disqualify one to serve as com- 
 missioner or juror in eminent domain 
 proceedings. 47 L.R.A.(N.S.) 151. 
 
 BIBLE. 
 
 Reading of, in public schools. 16 L.R.A. 
 
 (N.S.) 860; L.R-.A.1915D, 941. 
 Reading of, as sectarian instruction. 14 
 
 L.R.A. 419. 
 Entries in, as evidence. 41 L.R.A. 449.
 
 100 
 
 INDEX TO L.R.A. NOTES. 
 
 BICYCLE PATH. 
 
 Municipal liability for defects or obstruc- 
 tions in. 20 L.R.A.(N.S.) 574. 
 
 BICYCLES. 
 
 As to motorcycles, see MOTORCYCLES. 
 
 Indemnity for injury to, or loss of bicycle 
 as insurance. 47 L.R.A.(N.S.) 298. 
 
 Bicycle law. 47 L.R.A. 289. 
 
 Duty to make streets and highways safe 
 for bicycles. 23 L.R.A.(N.S.) 543. 
 
 Liability of municipal corporation for fail- 
 ing to prevent bicycling in violation of 
 road law. 23 L.R.A. (N.S.) 641. 
 
 Liability of municipal corporation which 
 permits or fails to prevent riding of 
 bicycles on sidewalk, for injury caused 
 thereby. 10 L.R.A.(N.S.) 785. 
 
 Right of bicyclist to recover from munici- 
 pality for injury by defect or obstruc- 
 tion in street. 20 L.R.A. (N.S.) 756. 
 
 Liability for collision of automobile with 
 bicyclist. 28 L.R.A.(N.S.) 944. 
 
 Reciprocal duty of driver of automobile and 
 child riding bicycle in street. L.R.A. 
 191 8A, 255. 
 
 Contributory negligence of child riding bi- 
 cycle across railroad track. L.R.A. 
 1917F, 158. 
 
 BIDS. 
 
 At auction, see AUCTION, 7. 
 
 At judicial sale, see JUDICIAL SALE, 7a. 
 
 Validity of contract to affect, see CON- 
 TRACTS, 84. 
 
 For public contracts, see CONTRACTS, 159, 
 160. 
 
 Accepting bid with knowledge of mistake as 
 to subject-matter. 43 L.R.A. (N.S.) 654. 
 
 BIGAMY. 
 
 1. Generally. 
 
 Bigamous marriage, as void or voidable. 
 
 L.R.A.1916C, 711. 
 
 Conflict, of laws as to. 57 L.R.A. 159. 
 Criminal liability of children for. 36 L.R.A. 
 
 202. 
 Former jeopardy in case of. L.R.A.1915A, 
 
 256. 
 
 Belief in termination of former marriage 
 as a defense to a prosecution for 
 bigamy. 27 L.R.A. (N.S.) 1097; 
 34 L.R.A.(N.S.) 613. 
 
 2. Evidence and witnesses on prose- 
 cution for. 
 
 Necessity of proof of marriage. 68 L.R.A. 
 42, 49. 
 
 Presumptions flowing from marriage cere- 
 mony. 34 L.R.A.(N.S.) 940; L.R.A. 
 1915E, 186. 
 
 9 
 
 BIGAMY cont'd 
 
 Presumption as to validity of former mar 
 
 riage, in prosecution for bigamy. J 
 
 L.R.A. (N.S.) 1036. 
 Judgment in civil action as proof of former 
 
 marriage on trial for bigamy. 26 
 
 L.R.A.(N.S.) 404. 
 Husband or wife as witness against the 
 
 other in prosecution for. 2 L.R.A. 
 
 (N.S.) 862. 
 
 * 
 
 BILL. 
 
 See STATUTES, 3-7. 
 
 BILLBOARD. 
 
 In highway, see HIGHWAYS, 19a. 
 
 Billboard as violative of restrictive covenant 
 as to use of premises, or structures 
 permissible thereon. 2 B. R. C. 434. 
 
 Relief from license for maintenance of. 49 
 L.R.A. 526. 
 
 Regulation of, based merely on esthetic con- 
 siderations. L.R.A. 1917A, 1222. 
 
 Municipal liability for injury by. 20 L.R.A. 
 (N.S.) 646; 51 L.R.A. (N.S.) 1077. 
 
 BILLHEAD. 
 
 Matter in billhead as part of contract or 
 as notice affecting the rights of the 
 parties. L.R.A.1916D, 1072. 
 
 BILLIARDS. 
 
 As proper subject for exercise of police 
 power. L.R.A.1917E, 318. 
 
 Power of municipality to declare billiard 
 hall a nuisance. 31 L.R.A. (N.S.) 548. 
 
 Billiard room as a place of amusement with- 
 in civil rights acts. 19 I*R.A.(N.S.) 
 907. 
 
 BILLS. 
 
 See STATUTES. 
 
 Begin with this book on every law question. 
 
 BILLS AND NOTES. 
 
 I. In general; nature, requisites, 
 and validity, 1-23. 
 
 a. In general, 1-9. 
 
 b. Validity generally; char- 
 
 acter of parties; forgery; 
 delivery, 1O-17. 
 
 c. Consideration, IS. 
 
 d. Negotiability, 19-23. 
 II. Acceptance, 24=, 25.
 
 INDEX TO L.R.A. NOTES. 
 
 101 
 
 BILLS AND NOTES cont'd 
 
 III. Indorsement and transfers gen- 
 
 erally, 26-34. 
 
 IV. Rights of transferee, 35-42. 
 
 a. Extent of rights and protec- 
 tion generally, 35-3Sa. 
 ft. Who protected as bona fide 
 
 purchasers, 39-42. 
 V. Presentment; demand; notice; 
 
 protest, 43-53. 
 < VI. Maturity; extension; renewal, 
 
 54-57a. 
 
 VII. Payment; discharge, 58-6O. 
 VIII. Actions and defenses, 61-72. 
 IX. Recovery back, of payments, 73. 
 X. Accommodation paper, 74-77. 
 
 I. In general; natitre, requisites, and 
 validity. 
 
 a. In general. 
 
 1. Generally. 
 
 Alteration of, see ALTERATION OF INSTRU- 
 MENTS. 
 
 Matters peculiar to banking, see BANKS, 
 9-37a. 
 
 Duty and liability of bank with respect 
 to checks, see BANKS, 9-37a. 
 
 Rights and liability of persons, other than 
 banks, on checks, see CHECKS. 
 
 Collection of, by banks, see BANKS, 31- 
 35. 
 
 Blank in, see BLANKS, 2. 
 
 Conditions in, see CONDITIONS, 2. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 5. 
 
 For matters common to contracts gener- 
 ally, see CONTRACTS. 
 
 Date of, see DATE, 2. 
 
 Estoppel as to, by conduct, see ESTOPPEL, 
 15. 
 
 Estopnel as to, by receiving benefits, see 
 ESTOPPEL, 33. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 95-98. 
 
 Parol evidence as to, see EVIDENCE, 169- 
 174. 
 
 Effect of fraud as to, see FRAUD AND DECEIT, 
 23, 24. 
 
 Gift by, see GIFT, 3. 
 
 Injunction against negotiation of, see IN- 
 JUNCTION, 11. 
 
 Effect of insolvency of party to, see IN- 
 SOLVENCY, 15. 
 
 Premium notes, see INSURANCE, 111. 
 
 Intent of parties to, see INTENT, 9. 
 
 Interest on, see INTEREST. 
 
 Loss of lien by giving, see LIENS, 20. 
 
 Lost bills and notes, see LOST INSTRUMENTS, 
 2. 
 
 Mortgage to secure note, see MORTGAGE. 
 
 Stolen paper, see STOLEN PROPERTY, 2. 
 
 Priority between notes falling due at dif- 
 ferent times secured by same mortgage, 
 see MORTGAGE, 39. 
 
 Matters as to, generally after dissolution 
 of partnership, see PARTNERSHIP, 39. 
 
 For patent right, see PATENTS, 4. 
 
 Payment by, see PAYMENT, 11. 
 
 Collateral security for, see PLEDGE AND COL- 
 LATERAL SECURITY. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BILLS AND NOTES, I. a cont'd 
 
 Agent's authority as to, see PRINCIPAL 
 
 AND AGENT, 16-18. 
 Effect of seal on commercial paper, see 
 
 SEAL, 2. 
 Situs for taxation of debts evidenced by 
 
 notes, see TAXES, 47. 
 Usury on, see USURY. 
 
 Situs of, for purposes of administration. 
 24 L.R.A. 689. 
 
 Garnishment of debt evidenced by negotiable 
 paper. L.R.A.1918C, 731. 
 
 Holders of instalment notes as parties to 
 proceedings to enforce mortgage for 
 part of debt. 37 L.R.A. 742. 
 
 Necessity for returning worthless notes be- 
 fore bringing replevin for property ob- 
 tained by fraudulent purchase. 21 
 L.R.A. 207. 
 
 Bequest of notes as general or specific. 11 
 L.R.A.(N.S.) 49. 
 
 Right to preference for money paid to 
 insolvent bank for draft. 10 L.R.A. 
 (N.S.) 928; 39 L.R.A.(N.S.) 563. 
 
 Valuation of commercial paper for pur- 
 poses of graduating offense of larceny. 
 23 L.R.A. (N.S.) 1063. 
 
 Right of taxpayer in absence of statute to 
 enjoin issue of negotiable paper by 
 municipality. 36 L.R.A. (N.S.) 3. 
 
 Right to follow commercial paper as a 
 trust. 34 L.R.A. 536. 
 
 General commercial principles as opposed 
 to local law with respect to bills and 
 notes. 61 L.R.A. 193. 
 
 Duty of one taking note to communicate 
 the fact of principal's insolvency to one 
 assuming the obligation of surety. 
 14 L.R.A. (N.S.) 377. 
 
 How far wife bound by note given for 
 family expenses. 3 L.R.A. (N.S.) ]45. 
 
 Effect of war between countries of parties 
 to note on their rights. L.R.A. 1917C, 
 671. 
 
 Effect and construction of marginal nota- 
 tions upon a bill or note relating to the 
 time of payment. L.R.A.1918C, 347. 
 
 Rights and duty of one who receives a check 
 or note payable to his own order from 
 the hands of one not a party thereto. 
 31 L.R.A. (N.S.) 613. 
 
 Negotiation of notes of members of mu- 
 tual fire insurance companies. 32 
 L.R.A. 485. 
 
 Estoppel to deny execution of note in state 
 where it is dated and payable. 2 
 L.R.A.(N.S.) 299. 
 
 Liability for permitting undelivered note 
 to get into circulation. 3 L.R.A. (N.S. ) 
 212. 
 
 Liability of bank for taking draft in pay- 
 ment of paper held for collection. 3 
 L.R.A.(N.S.) 1179. 
 
 Federal courts following state decisions as 
 to. 40 L.R.A. (N.S.) 404. 
 
 Obtaining check, draft or bill of exchange 
 by false pretenses. L.R.A.1916E, 1106. 
 
 Competency to testify to possession of note 
 at one time in possession of the de- 
 cedent, where witness would be incom- 
 petent to testify directly to a trans-
 
 102 
 
 INDEX TO L.R.A. NOTES. 
 
 BILLS AND NOTES, I. a cont'd 
 
 action by which it is claimed decedent 
 parted with his possession. 45 L.R.A. 
 (N.S.) 583. 
 
 Instrument naming in alternative two or 
 more payees. 50 L.R.A. (N.S.) 
 1097. 
 
 Ownership of paper payable to director or 
 ollicers of a corporation. 50 L.R.A. 
 (N.S.) 1115. 
 
 2. What are. 
 
 Effect of words in obligation for payment 
 of money indicating that it was intend- 
 ed as a bequest. L.R.A.1917C, 1011. 
 
 ' 3. Nature; form. 
 
 Nature of bank draft. 23 L.R.A. 173. 
 Nature of drafts by one bank on another. 
 
 23 L.R.A. 173. 
 Kinds of notes of members of mutual fire 
 
 insurance companies. 32 L.R.A. 483. 
 As subjects of book acccount. 52 L.R.A. 
 
 712. 
 Proof of, as fixed liability under bank- 
 
 ruptcy act. 54 L.R.A. 373. 
 Effect of marginal letters or figures in bill 
 
 or note otherwise blank as to amount. 
 
 2 L.R.A.(N.S.) 879. 
 Memorandum on back of, at time of execu- 
 
 tion as substantive part thereof. 
 L.R.A. (N.S.) 612. 
 
 15 
 
 When may a note or indorsement thereon, 
 executed with the formalities of a will, 
 but not couched in formal testamentary 
 phraseology, be given effect as a will? 
 41 L.R.A.(N.S.) 43. 
 
 Effect of note made payable to order of 
 maker and another. L.R.A.1916D, 763. 
 
 4. As subject of levy. 
 
 Liability of promissory note to levy and 
 
 seizure under attachment or execution. 
 
 14 L.R.A.(N.S.) 1235. 
 
 5. Effect of giving or accepting. 
 
 instrument. 61 L.R.A. 199. 
 
 Effect of debtor's note as accord and satis- 
 faction. 20 L.R.A. 791. 
 
 Effect of debtor's note for part of a liqui- 
 dated and undisputed debt as consid- 
 eration for the discharge of the whole. 
 L.R.A.1917A, 722. 
 
 Bank draft as an assignment of funds 
 drawn upon bank. 2 L.R.A.(N.S.) 83. 
 
 Giving note as loss or damage within con- 
 tract of indemnity. 9 L.R.A.(N.S.) 
 478; 20 L.R.A.(N.S.) 956; 48 L.R.A. 
 (N.S.) 195. 
 
 Effect of executing promissory note for 
 services of relative or member of house- 
 hold already performed. 11 L.R.A. 
 (N.S.) 910. 
 
 Effect of notes of members of mutual fire 
 insurance companies. 32 L.R.A. 483. 
 
 Relief from mistake of law as to effect of 
 28 L.R.A.(N.S.) 830. 
 
 Effect of extrinsic promise to sign a note 
 or bill. 33 L.R.A.(N.S.) 175. 
 
 6. by partnership or member 
 thereof. 
 
 See PARTNERSHIP. 9, 12, 32, 39, 45. 
 
 Begin with this book on every laiv question. 
 
 BILLS AND NOTES, I. a cont'd 
 7. Effect of attaching draft to bill of 
 lading. 
 
 Effect of drawing draft against bill of lad- 
 ing, upon passing of title to property. 
 22 L.R.A. 423; 2 L.R.A. (N.S.) 1078. 
 
 Right or power of bank to purchase draft 
 with bill of lading attached. L.R.A. 
 1918D, 706. 
 
 Rights and liabilities of assignee of bill 
 of lading with draft attached as a:aiii>l 
 assignee who does not get the goods or 
 finds them defective. 49 L.R.A. 679; 
 1 L.R.A. (N.S.) 242; 18 L.R.A. (N.S.) 
 1221; 32 L.R.A.(N.S.) 1173; 52 L.R.A. 
 (N.S.) 241. 
 
 Criminal liability of collector of draft at- 
 tached to bill of lading for liquor. 46 
 L.R.A.(N.S.) 1139. 
 
 Right of discounter of draft as to property 
 covered by a bill of lading attached 
 to draft. 49 L.R.A.(N.S.) 644. 
 
 8. Signature to. 
 
 Use of initials in signing or indorsing com- 
 mercial paper. 14 L.R.A. 693. 
 
 Signing by proxy. 22 L.R.A. 297. 
 
 Signing by mark. 22 L.R.A. 372. 
 
 Signing as surety for surety. 21 L.R.A. 
 247. 
 
 9. duty to know, and guaranty of. 
 
 In case of indorsement or transfer, see infra, 
 31, 32. 
 
 Drawee's duty to know signature of drawer. 
 
 27 L.R.A. 635. 
 Guaranty by surety of other signatures. 
 
 49 L.R.A. 315. 
 
 b. Validity generally," character / par- 
 ties; forgery; delivery. 
 
 10. Generally. 
 
 Validity of note based on compromise of 
 illegal contract. 9 L.R.A.(N.S.) 568. 
 
 Note given as a forfeit or as collateral to 
 an invalid oral agreement within stat- 
 ute of frauds. 18 L.R.A. 142. 
 
 Validity of stipulation for attorney's fee. 
 L.R.A.1915B, 928. 
 
 Validity of provision that money shall be 
 paid to obligee only and not to his 
 estate. 17 L.R.A.(N.S.) 1239. 
 
 Note procured by threats of prosecution of 
 relative. 20 L.R.A.(N.S.) 484; L.R.A. 
 1915D, 1118. 
 
 Execution of, on Sunday. 14 L.R.A. 193. 
 
 Validity of note partly made on Sunday 
 and perfected on secular day. 4 L.R.A. 
 (N.S.) 1151. 
 
 Notes given for patent rights. 20 L.R.A. 
 605. 
 
 Renewal of note by insane person. 34 
 L.R.A. 274. 
 
 Liability of one whose signature to com- 
 mercial paper is secured by trick or 
 fraud. 1 L.R.A.(N.S.) 1075. 
 
 Implied or apparent authority of agent to 
 take note payable to himself. 28 L.R.A. 
 (N.S.) 341.
 
 INDEX TO L.R.A. NOTES. 
 
 103 
 
 ."BILLS AND NOTES, I. b cont'd 
 
 Validity of note issued in payment of cor- 
 porate stock under a provision against 
 issuing stock except for money, labor 
 done, or money or property actually 
 received. 52 L.R.A. (N.S.) 454. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Validity of mortgage given to secure im- 
 perfectly executed note. 44 L.R.A. 
 (N.S.) 1153. 
 
 Intoxication as defense to bill or note in 
 hands of bona fide holder. 46 L.R.A. 
 (N.S.) 212. 
 
 11. Authority to execute. 
 
 Authority to indorse, see infra, 27. 
 Powers of corporation as to, see COBPOBA- 
 
 TIONS, 30. 
 Rights and powers of corporate officers as 
 
 to, see CORPORATIONS, 45. 
 Powers of guardian as to, see GUABDIAN 
 
 AND WABD, 6. 
 Powers of partners as to, see PABTNEB- 
 
 SHIP, 9, 32, 39, 45. 
 Authority of agent, see PBINCIPAL AND 
 
 AGENT, 17. 
 
 Power of building association to issue ne- 
 gotiable paper. 43 L.R.A. 419. 
 
 $ 12. Who liable. 
 
 Liability of corporate officer on, see COB- 
 
 PORATIONS, 55. 
 Liability of partnership or its members on, 
 
 see PARTNERSHIP, 12. 
 Liability of principal, see PBINCIPAL AND 
 
 AGENT, 16-18. 
 Liability of agent, see PBINCIPAL AND 
 
 AGENT, 41. 
 
 Liability of public officers on negotiable 
 
 paper. 15 L.R.A. 512; 43 L.R.A.(N.S.) 
 
 565. 
 Admissibility of extrinsic evidence to show 
 
 who is liable as maker of a note. 20 
 
 L.R.A. 705. 
 
 : 13. Use of fictitious names. 
 
 Payment of check made payable to fictitious 
 person, see BANKS, 25. 
 
 Fictitious names as affecting validity of. 
 
 39 L.R.A. 425. 
 
 When negotiable instrument is deemed pay- 
 able to order of fictitious person 
 within rule regarding such an in- 
 strument as payable to bearer. 22 
 L.R.A.(N.S.) 499; 3 B. R. C. 761. 
 By whom action to be brought on instru- 
 ment to fictitious payee. 64 L.R.A. 
 605. 
 
 Forgery of instruments executed in name 
 of fictitious person. 24 L.R.A. 45. 
 
 : 14. Note payable to impostor. 
 
 Use of fictitious name, see supra, 13. 
 Payment of check to impostor, see BANKS, 
 25. 
 
 Who must bear loss when check or bill is 
 issued to impostor. 50 L.R.A. 75; 17 
 L.R.A.(N.S.) 514; 38 L.R.A.(N.S.) 
 1111. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BILLS AND NOTES, I. b cont'd 
 Who must bear loss where check or draft 
 is purchased or paid upon the spurious 
 indorsement of one who bears the same 
 name as the payee or indorsee. 34 
 L.R.A.(N.S.) 1101. 
 
 15. Character of parties. 
 
 Conflict of laws as to character of parties. 
 19 L.R.A. (N.S.) 668. 
 
 Character under uniform negotiable instru- 
 ments law, of one who places his name 
 on the back of a note prior to, or at 
 the time of, delivery. 14 L.R.A.(N.S.) 
 842. 
 
 Effect of negotiable instruments law on 
 personal liability of one who signs con- 
 tract by adding words indicating repre- 
 sentative capacity to his signature. 42 
 L.R.A.(N.S.) 9. 
 
 Personal liability of one signing note by 
 adding words indicating representative 
 capacity to his signature. 42 L.R.A. 
 (N.S.) 1. 
 
 Admissibility of parol evidence to vary lia- 
 bility of irregular party to bill or note 
 from that declared by the negotiable 
 instruments act. 19 L.R.A.(N.S.) 136. 
 
 Acknowledgment by payee, in indorsement, 
 of liability as maker. 7 L.R.A.(N.S.) 
 400. 
 
 Power of bank officer to bind bank by agree- 
 ment varying the liability of parties 
 to commercial paper from that im- 
 ported on its face. 28 L.R.A.(N.S.) 
 511. 
 
 Power of bank officer to bind bank by agree- 
 ment that liability of party to commer- 
 cial paper shall not be enforced. 28 
 L.R.A.(N.S.) 501. 
 
 16. Forgery. 
 
 Alteration of, see ALTEBATION OF INSTBTJ- 
 
 MENTS. 
 Liability of bank for paying forged check, 
 
 see BANKS, 24. 
 Of check, see CHECKS, 12. 
 Forgery of as a crime, see FOBGEBY. 
 
 Forgery by obtaining signature through 
 
 trick or fraud. 1 L.R.A. (N.S.) 1075. 
 Liability of maker or drawer on raised 
 
 negotiable paper. 22 L.R.A. 686. 
 Duty of indorser, maker, or surety to see 
 
 that spaces on commercial paper are 
 
 filled so as to prevent raising. 21 
 
 L.R.A.(N.S.) 402. 
 Ratification of forgery; estoppel to assert. 
 
 12 L.R.A. 140;* 36 L.R.A. 539. 
 Ratification of forged instrument. 36 
 
 L.R.A.(N.S.) 1006. 
 
 Liability of person whose signature is 
 forged on commercial paper. 36 
 L.R.A. 539. 
 Forgery of renewal obligation as affecting 
 
 original agreement. 33 L.R.A. 628. 
 Liability upon paper given in renewal of 
 
 forged paper. 23 L.R.A. (N.S.) 1234. ( 
 Forgery of part of signatures of makers or, 
 
 sureties as defense against bona fide 
 
 holder by makers whose signatures! 
 
 were genuine. 13 L.R.A. (N.S.) 426. '
 
 104 
 
 INDEX TO L.R.A. NOTES. 
 
 BILLS AND NOTES, I. b cont'd 
 
 I BILLS AND NOTES, I. c cont'd 
 
 Riffht of drawee of forged paper to recover j Effect of knowledge of consideration by pur- 
 j xi -in T t> A /M <J ^ flumcr of noffi which did not indicate 
 
 money paid thereon. 10 L.R.A. (N.S.) 
 49; 25 L.R.A.(N.S.) 1308; 29 L.R.A. 
 (N.S.) 100. 
 
 Delay in giving notice of forgery as estoppel 
 of true owner to recover against party 
 who has paid paper on a forged indorse- 
 ni.-iit. 40 L.R.A.(N.S.) 653. 
 
 Right of drawer of forged check or draft 
 to recover money paid thereon. L.R.A. 
 1915A, 77. 
 
 Duty of government official to know signa- 
 
 'r.ure of drawer of draft. 
 797. 
 
 L.R.A.1915D, 
 
 17. Delivery. 
 
 Conditional delivery. 43 L.R.A. 480. 
 
 Admisaibility of parol evidence to show de- 
 livery upon condition. 18 L.R.A. (N.S.) 
 288; L.R.A.1917C, 306. 
 
 Agreement for other signatures before de- 
 livery. 45 L.R.A. 343. 
 
 Right to recover on a bill or note stolen 
 before delivery. L.R.A.1915E, 351. 
 
 c. Consideration. 
 
 18. Generally. 
 
 Consideration for agreement extending time 
 
 of payment, see infra, 57a. 
 Failure of consideration as a defense, see 
 
 infra, 66. 
 For matters common to contracts generally, 
 
 see CONTRACTS, II. c. 
 
 Gift of promissory note. 26 L.R.A. 305; 
 
 L.R.A.1918C, 340. 
 Gift of check. 18 L.R.A. 855; KR.A.1918C, 
 
 340. 
 
 For notes of members of mutual fire insur- 
 ance companies. 32 L.R.A. 484. 
 Reference to consideration for draft as 
 
 making acceptance conditional. 38 
 
 L.R.A.(N.S.) 747. 
 Enforceability of a note given in payment 
 
 of a worthless pre-existing obligation of 
 
 another. L.R.A.1917C, 842. 
 Consideration for note given to make good 
 
 depletion of capital or assets of bank. 
 
 L.R.A.1917B, 688. 
 Consideration for note given by attorney 
 
 or agent to cover loss on transactions 
 
 conducted by him for principal. L.R.A. 
 
 1917B, 696. 
 Love and affection as consideration for note 
 
 to pay existing debt of another. L.R.A. 
 
 191 8C, 543. 
 Liability upon paper given in renewal of 
 
 forged paper. 23 L.R.A.(N.S.) 1234. 
 Consideration for note, payment of which 
 
 depends on termination of life. 27 
 
 L.R.A.(N.S.) 1019. 
 
 Cancelation of invalid contract as consider- 
 ation. 5 L.R.A.(N.S.) 725. 
 Right of bona fide holder to enforce note 
 
 which does not indicate nature of its 
 
 consideration as required by statute. 
 
 10 L.R.A.(N.S.) 82. 
 Effect of knowledge of consideration to put 
 
 purchaser of negotiable instrument on 
 
 inquiry. L.R.A.1918F, 1152. 
 
 chaser of note which did not indicate 
 the nature of its consideration as re- 
 quired by statute. 24 L.R.A.(N.S.) 
 1057. 
 
 Right to recover on obligation given for a 
 consideration which is unlawful under 
 the law of the place where the obliga- 
 tion is payable, but good under the law 
 of the place where it was executed. 4 
 B. R. C. 374. 
 
 Necessity of new consideration to bind third 
 person who signs as surety, indorser, 
 or guarantor after execution and de- 
 liverv of original note by principal. 44 
 L.R.A. (N.S.) 481; L.R.AJ918E, 579. 
 
 Right of maker or indorser of bill or note 
 for illegal consideration to affirmative 
 relief. L.R.A.1918D, 941. 
 
 (I. Negotiability. 
 
 19. Generally. 
 
 Of check, see CHECKS, 4. 
 Effect of mortgage on negotiability, see 
 MOBTGAGE, 26. 
 
 Alteration of note by adding or changing 
 words affecting negotiability. L.R.A. 
 1915A, 173. 
 
 What law governs as to. 61 L.R.A. 205; 
 19 L.R.A.(N.S.) 667. 
 
 Effect of negotiable character of note se- 
 cured by junior mortgage on necessity 
 of making assignee of such mortgage 
 a party to a suit for foreclosure of 
 senior mortgage. 36 L.R.A. (N.S.) 434. 
 
 As affected by transfer after maturity. 46 
 L.R.A. 753. 
 
 Reference to extrinsic agreement as affect- 
 ing. 30L.R.A.(N.S.) 40; L.R.A.1918B, 
 639. 
 
 Reservation of title of property as affecting 
 negotiability of note for purchase 
 price. 43 L.R.A. 277; 43 L.R.A. 
 (N.S.) 945. 
 
 Effect of blank indorsement to impart ne- 
 gotiability to non-negotiable instru- 
 ment. 26 L.R.A. (N.S.) 804. 
 
 Effect of seal. 35 L.R.A. 605. 
 
 Provision for renewal as affecting. 31 
 L.R.A. 234. 
 
 Effect on negotiability of promissory note 
 of provision permitting extension of 
 time. 49 L.R.A. (N.S.) 132. 
 
 Bill or note payable to the order of person 
 named, "only." L.R.A.1918D, 226. 
 
 20. What instruments are negotiable. 
 
 Check. 26 L.R.A. 568. 
 
 Certificate of deposit. L.R.A.1918C, 691. 
 
 Note payable in foreign money. 20 L.R.A. 
 481. 
 
 Note secured by mortgage as affected by pro- 
 visions in mortgage. 35 L.R.A. 53G. 
 
 Note payable to trustee. 35 L.R.A. 678; 
 1,L.R.A.(N.S.) 188. 
 
 Note payable out of particular fund. 35 
 L.R.A. 647; 8 L.R.A.(N.S.) 231. 
 
 Postoffice money orders. 36 L.R.A. (N.S.) 
 143. 
 
 Instrument naming in alternative two or 
 
 Begin irith this book on every law question. 
 
 more payees. 50 L.R.A.(N.S.) 1097.
 
 INDEX TO L.R.A. NOTES. 
 
 105 
 
 BILLS AND NOTES, I. d confd 
 
 Effect of marginal notations upon a bill or 
 note relating to the time of payment. 
 L.R.A.1918C, 347. 
 
 21. Certainty as to time. , 
 
 As affected by uncertainty of time of ma- 
 turity. 1 L.R.A.(N.S.) 1120. 
 
 As affected by provision permitting exten- 
 sion of time. 16 L.R.A. (N.S.) 878; 33 
 L.R.A.(N.S.) 738; 49 L.R.A.(N.S.) 132. 
 
 Provision accelerating maturity as affecting 
 negotiability. 35 L.R.A. (N.S.) 
 390; L.R.A'.1915B, 472. 
 
 Negotiability of note payment of which de- 
 pends on termination of life. 27 
 L.R.A.(N.S.) 1017. 
 
 22. Certainty as to amount. 
 
 Provision for exchange as affecting. 27 
 L.R.A. 222. 
 
 Payments indorsed on note as affecting. 
 38 L.R.A. 823. 
 
 Provisions for attorneys' fees as affecting 
 negotiability. L.R.A.1916B, 675. 
 
 Effect of stipulation for attorneys' fees in 
 mortgage upon negotiability of note se- 
 cured thereby. 26 L.R.A.(N.S.) 217. 
 
 Negotiability as affected by provision for 
 discount in event of payment before 
 maturity. 40 L.R.A.(N.S.) 177; L.R.A. 
 1915E, 564. 
 
 Negotiability of note providing for interest 
 after maturity. L.R.A.1915B, 1216. 
 
 23. Effect of recital as to security. 
 
 Where note considered separate from instru- 
 ment of security. 32 L.R.A.(N.S.) 858. 
 
 Where transferred with security which con- 
 tains no provisions affecting negotia- 
 bility. 32 L.R.A.(N.S.) 861. 
 
 Where note and security are transferred 
 together, and the security contains 
 non-negotiable provisions. 32 L.R.A. 
 (N.S.) 862. 
 
 Where provision in mortgage relates to se- 
 curity, and not to the note. 32 L.R.A. 
 (N.S.) 865. 
 
 Where note contains on its face provision 
 for security. 32 L.R.A. (N.S.) 866. 
 
 77. Acceptance. 
 24. Generally. 
 
 What law governs as to mode of accept- 
 ance. 61 L.R.A. 196. 
 
 What law governs as to liability of, and 
 defenses available to. acceptor. 61 
 L.R.A. 206; 19 L.R.A. (N.S.) 670. 
 
 Reference to consideration for draft as mak- 
 ing acceptance conditional. 38 L.R.A. 
 (N.S.) 747. 
 
 Detention of bill of exchange or check by 
 drawee as acceptance thereof. 17 
 L.R.A.(N.S.) 1266. 
 
 Liability of principal on acceptance by 
 agent as such. 21 L.R.A.(N.S.) 1076. 
 
 Personal liability of one who signs note as 
 acceptor by adding words indicating 
 representative capacity to his signature. 
 42 L.R.A. (N.S.) 28, 33, 44. 
 
 Right of accommodation acceptor who has 
 been obliged to pay bill or note to re- 
 cover from accommodated party. 37 
 L.R.A.(N.S.) 785. 
 
 Consult also L.R.A. Digests of Cases* 
 
 BILLS AND NOTES, II. cont'd 
 Duty of drawee of bill or check to know 
 signature of drawer. 10 L.R.A. (N.S.) 69. 
 
 25. Promise to accept. 
 
 Validity of parol promise to accept an or- 
 der or bill of exchange. 26 L.R.A. 620. 
 
 Liability of bank on claimed contract of 
 acceptance external to check. 8 L.R.A. 
 (N.S.) 1148; L.R.A.1918F, 172, 
 
 717. Indorsement and transfers gen- 
 erally. 
 
 26. Generally. 
 
 Rights of one to whom paper is transferred 
 without indorsement, see infra, 37. 
 
 Of check, see CHECKS, 6. 
 
 Presumption and burden of proof as to, 
 see EVIDENCE, 97. 
 
 Parol evidence as to purpose of, see EVI- 
 DENCE, 170, 171. 
 
 Sale of pledged paper, see PLEDGE AND COL- 
 LATERAL SECURITY, 13. 
 
 Purchase of paper at discount as usury, see 
 USURY, 8a. 
 
 Bequest of notes, see WILLS, 128. 
 
 Right of infant to disaffirm transfer of note 
 by indorsement. L.R.A.1917B, 1174. 
 
 Injunction against negotiation of note. 
 28 L.R.A. 577. 
 
 Addition of indorser to negotiable instru- 
 ment after its execution and delivery 
 as a material alteration. L.R.A.1918F, 
 705. 
 
 Effect on liability of indorser of adding of 
 another party to instrument after its 
 execution and delivery. L.R.A.1918F, 
 704. 
 
 Effect of sale of note with particular de- 
 scription. 35 L.R.A. (N.S.) 278. 
 
 Validity and effect of sale of, or agreement 
 to sell, commercial paper to one pri- 
 marily liable thereon. 35 L.R.A. (N.S.) 
 820. 
 
 Liability of one who signs note as indors- 
 er adding words indicating representa- 
 tive capacity to his signature. 42 
 L.R.A.(N.S.) 25, 28, 32. 
 
 Right of indorser to offset obligation as 
 against assignee of debt due from him 
 to the principal. 46 L.R.A. (N.S.) 62. 
 
 Reservation of rights against parties sec- 
 ondarily liable on a bill or note upon 
 granting extension of time to party pri- 
 marily liable as preventing discharge of 
 former. 46 L.R.A. (N.S.) 92. 
 
 Are conveyances by indorsers within statute 
 as to fraudulent conveyances. 47 L.R.A. 
 (N.S.) 321. 
 
 Indorsement by one of two joint payees or 
 indorsees of a bill or note. 18 L.R.A. 
 (N.S.) 630. 
 
 Liability of indorser who, after receiving re- 
 indorsement, transfers the note for 
 value without canceling his indorse- 
 ment. 10 L.R.A.(N.S.) 260. 
 
 Acknowledgment by payee in indorsement 
 of liability as maker. 7 L.R.A. (N.S.) 400. 
 
 Effect of transfer of negotiable instrument 
 to secure money for gambling purposes. 
 22 L.R.A.(N.S.) 627.
 
 106 
 
 INDEX TO L.R.A. NOTES. 
 
 BILLS AND NOTES, III. cont'd 
 
 niVot of blunk Indorsement to impart ne- 
 cotiabilitv to non-negotiable instru- 
 ment. 26 L.R.A.(N.S.) 804. 
 
 Indorsees duty to see that spaces on com- 
 mercial paper are filled so as to prevent 
 raising. 21 L.R.A.(N.S.) 402. 
 
 Who must bear loss when check or bill in- 
 dorsed to impostor. 50 L.R.A. 75; 17 
 L.R.A.(N.S.) 514; 38 L.R.A.(N.S.) 1111. 
 
 Who must bear loss where check or draft 
 is purchased or paid upon the spurious 
 indorsement of one who bears the same 
 name as payee or indorsee. 34 L.R.A. 
 (N.S.) 1101. 
 
 What law governs as to sufficiency of in- 
 dorsement or assignment. 61 L.R.A. 222. 
 
 Conflict of laws as to the validity of trans- 
 fer of commercial paper. 2 B.R.C. 304. 
 
 What law governs as to liability of, and de- 
 fenses available to, drawer or indorser. 
 61 L.R.A. 212. 
 
 What law governs as to necessity of suing 
 primary obligor as condition of hold- 
 ing drawer or indorser. 61 L.R.A. 220. 
 
 Right of indorser of bill or note for illegal 
 consideration to affirmative relief. 
 L.R.A.1918D, 941. 
 
 27. Power to transfer or indorse. 
 
 Authority to execute instrument, see supra, 
 
 11. 
 
 Power of agent, see PRINCIPAL AND AGENT, 
 18. 
 
 Right of pledgee to sell. L.R.A.1918C, 628. 
 
 Powers of president and vice president of 
 corporation as to transfer of negotiable 
 paper. 14 L.R.A. 358. 
 
 Right of pledgeor and pledgee in respect of 
 sale of commercial paper. 53 L.R.A. 857. 
 
 Taking note from maker or payee as con- 
 structive notice of accommodation char- 
 acter of irregular indorsement and 
 lack of authority for such indorsement. 
 2 L.R.A.(N.S.) 525. 
 
 Instrument naming in alternative two or 
 more payees. 50 L.R.A. (N.S.) 1097. 
 
 28. Varions forms and purposes of 
 indorsement. 
 
 Rights of owner of negotiable paper in- 
 dorsed in blank as against bona fide 
 purchaser from one unlawfully in pos- 
 session thereof. 19 L.R.A. (N.S.) 107. 
 
 Words of assignment as qualifying indorse- 
 ment. L.R.A.1917A, 1167. 
 
 Assignment without recourse. 36 L.R.A. 119. 
 
 Indorsement without recourse as a circum- 
 stance sufficient to put purchaser of 
 negotiable paper on inquiry. L.R.A. 
 1918F, 1152. 
 
 Trust in proceeds of collection by insolvent 
 bank as against claims of subagent in 
 case of restrictive indorsement. 32 
 L.R.A. 721. 
 
 Admissibility of parol evidence as between 
 indorser and indorsee that unrestricted 
 indorsement was made merely to trans- 
 
 BILLS AND NOTES, III. cont'd 
 
 Liability of bank as accommodation indora- 
 or. 23 L.R.A. 830. 
 
 Necessity of new consideration to bind third 
 person who signs as indorser after 
 execution and delivery of original note 
 by principal. 44 L.R.A.(N.S.) 481; 
 L.R.A.1918E, 579. 
 
 Individual partner who indorses note made 
 by firm as "a person not otherwise a 
 party" to the instrument within uni- 
 form negotiable instrument law. 52 
 L.R.A. (N.S.) 225. 
 
 29. irregular indorsement. 
 
 What law governs as to character and lia- 
 bility of irregular indorser. 61 L.R.A.. 
 200; 19 L.R.A. (N.S.) 668. 
 
 Liability of a stranger who indorses com- 
 mercial paper before delivery, l.s 
 L.R.A. 33. 
 
 Indorsement by signing on face of instru 
 ment. L.R.A.1918D, 966. 
 
 Taking note from maker or payee as con- 
 structive notice of accommodation char- 
 acter of irregular indorsement and 
 lack of authority for such indorsement. 
 2 L.R.A.(N.S.) 525. 
 
 Character under uniform negotiable instru 
 ment law of one who places name on. 
 back of note prior to or at time of 
 delivery. 14 L.R.A.(N.S.) 842; L.R.A. 
 1916D, 223. 
 
 30. Assignor as indorser. 
 
 Assignment merely an indorsement. 36- 
 
 L.R.A. 117. 
 
 Assignor not an indorser. 36 L.R.A. 118. 
 Assignment on separate paper. 36 L.R.A. IIS. 
 Assignment with guaranty of payment. 
 
 36 L.R.A. 119. 
 
 Without recourse. 36 L.R.A. 119. 
 Special statutes. 36 L.R.A. 119. 
 
 31. Guaranty generally. 
 
 Guaranty of signature generally, see supra.. 
 9. 
 
 Addition of guarantor to negotiable instru- 
 ment after its execution and delivery as. 
 a material alteration. L.R.A.1918F, 705. 
 
 Assignment with guaranty of payment. 36. 
 L.R.A. 119. 
 
 Transfer of title to note by indorsement in 
 form of guaranty. 36 L.R.A. 232? 
 ' 41 L.R.A.(N.S.) 1009; L.R.A. 
 1915C, 661. 
 
 Rights as against principal debtor of onc- 
 who becomes guarantor without his 
 knowledge or consent. L.R.A.1918F, 700. 
 
 Necessity of new consideration to bind third 
 person who signs as guarantor after 
 execution and delivery of original note 
 by principal. 44 L.R.A. (N.S.) 481 - r 
 L.R.A.191SE, 579. 
 
 Implied warranty by one passing worthies* 
 paper of third person without indorse- 
 ment. 10 L.R.A.(N.S.) 542. 
 
 Wben contract of guaranty of commercial 
 
 paper 
 (N.S.) 
 
 covers 
 775. 
 
 renewals. 16 L.R.A. 
 
 warranty of genuine- 
 
 fer title to the owner. 28 L.R.A. 
 
 (N.S.) 530. 
 
 Right to show by parol evidence that in- 82. Implied 
 
 dorsement unrestricted in form was ness. 
 
 for purpose of collection only. 17 Guaranty of signature generally, see supra.. 
 
 L.R.A.(N.S.) 838. 9. 
 
 "Begin with this took, on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 107 
 
 BILLS AND NOTES, III. cont'd 
 Guaranty by surety of genuineness of other 
 signatures, see PRINCIPAL AND SURETY, 
 
 7. 
 
 Implied warranty of genuineness upon sale 
 of negotiable paper. 36 L.R.A. 
 92; 10 L.R.A. (N.S.) 542. 
 By one transferring note of third person 
 without indorsement. 10 L.R.A. (N.S.) 
 542. 
 
 3 2 a. Indorsement of forged instru- 
 ments. 
 
 Of forged instrument as uttering or pub- 
 lishing. 8 L.R.A.(N.S.) 1178. 
 
 Indorser's duty to see that spaces on com- 
 mercial paper are filled so as to prevent 
 raising. 21 L.R.A. (N.S.) 402. 
 
 S3. Liability for transferring note to 
 bona fide holder so as to cut off 
 defenses. 
 
 In general. 27 L.R.A. 519. 
 
 Cutting off defense of indorser. 27 L.R.A. 
 520. 
 
 Effect of rule as to parties in pari delicto. 
 27 L.R.A. 520. 
 
 Form of action. 27 L.R.A. 521. 
 
 Right of one who makes a gift of commer- 
 cial paper and who is compelled to pay 
 the same to a bona fide indorsee for 
 value to recover from the donee. 37 
 L.R.A.(N.S.) 286. 
 
 S4. Discharge of indorser. 
 
 By Bon-preaenting or delay in presenting, 
 see infra, V. 
 
 By renewal or extension of time, see in- 
 fra, 57. 
 
 Discharge of surety, see PRINCIPAL AND 
 SURETY, 10-18. 
 
 Effect upon indorser or surety of bank's 
 failure to apply principal's deposit ac- 
 count upon note. 8 L.R.A. (N.S.) 944; 
 L.R.A.1917F, 266. 
 
 Payment voidable under bankruptcy act as 
 discharge of surety, guarantor, or in- 
 dorser. 9 L.R.A. (N.S.) 581. 
 
 Release of drawer or indorser by certifica- 
 tion of check. 9 L.R.A.(N.S.) 698. 
 
 IV. Rights of transferees, 
 
 a. Extent of rights and protection gen- 
 erally. 
 
 35. Generally. 
 
 What law governs. 61 L.R.A. 206; 19 L.R.A. 
 (N.S.) 670. 
 
 Estoppel to contest commercial paper by 
 representations to prospective pur- 
 chasers. 50 L.R.A. (N.S.) 1023. 
 
 Garnishment of negotiable paper after its 
 transfer before maturity. L.R.A.1918C, 
 742. 
 
 Rights of assignee of note enforcement of 
 which is prevented by war between 
 countries of parties. L.R.A.1917C, 
 672. 
 
 Right of purchaser with notice from bona 
 fide holder to same protection as 
 latter. 50 L.R.A. (N.S.) 74. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BILLS AND NOTES, IV. a cont'd 
 
 Right of action at law against indorser on 
 destroyed bill or note. 16 L.R.A. 207. 
 
 Rights and liabilities of assignee of bill of 
 lading with draft attached, as against 
 consignee who does not get the goods or 
 finds them defective. 49 L.R.A. 679; 
 1 L.R.A.(N.S.) 242; 18 L.R.A.(N.S.) 
 1221; 32 L.R.A.(N.S.) 1173. 
 
 Lien of mortgage securing negotiable in- 
 struments assigned before maturity as 
 affected by payment to payee without 
 knowledge of assignment. 29 L.R.A. 
 (N.S.) 577. 
 
 Presumption and burden of proof in action 
 by purchaser. 17 L.R.A. 326. 
 
 36. Paper transferred after ma- 
 turity. 
 
 Right of set off, see infra, 68a. 
 
 Garnishment of negotiable paper trans- 
 ferred after maturity. L.R.A.1918C, 
 743. 
 
 Effect of transfer after maturity on nego- 
 tiability. 46 L.R.A. 753. 
 Extent of liability of indorser or assignor 
 of bill or note transferred after ma- 
 turity at a discount. 47 L.R.A. (N.S.) 
 246. 
 
 Rights acquired under transfer. 46 L.R.A. 
 754. 
 
 Defenses which maker may make. 46 L.R.A. 
 
 760. 
 
 Payment. 46 L.R.A. 778; L.R.A.1915E, 
 395. 
 
 Equities of intermediate holders. 46 L.R.A. 
 783. 
 
 Availability as against transferee of ne- 
 gotiable paper after maturity, of equi- 
 ties or defenses against intermediate 
 indorsers. 50 L.R.A. (N.S.) 87. 
 
 Exception as to paper taken from bona fide 
 holder. 46 L.R.A. 784. 
 
 Exception as to collateral matters. 46 
 L.R.A. 787. 
 
 Exceptions as to set-offs and counter- 
 claims. 46 L.R.A. 790. 
 
 Exception as to instruments drawn pay- 
 able without defalcation or discount. 
 46 L.R.A. 799. 
 
 Effect of dishonor as to interest, instal- 
 ments or part of a series. 46 L.R.A. 
 799. 
 
 Effect of transfer and indorsement at dif- 
 ferent times. 46 L.R.A. 801. 
 
 Effect of extension of time. 46 L.R.A. 
 802. 
 
 Effect of renewal of note. 46 L.R.A. 802. 
 
 Effect of action brought. 46 L.R.A. 803. 
 
 Rights of holder against indorser. 4& 
 L.R.A. 803. 
 
 Special rules based on character of the in- 
 strument. 46 L.R.A. 807. 
 
 Actions against transferees to enforce equi- 
 ties. 46 L.R.A. 811. 
 
 Proof with reference to equities. 46 L.R.A. 
 812. 
 
 Title and right to overdue note as between- 
 one who was induced by fraud to trans* 
 fer it, and one who in good faith bought 
 of the fraudulent transferee. 2 L.R.A. 
 (N.S.) 767.
 
 108 
 
 INDEX TO L.R.A. NOTES. 
 
 BILLS AND NOTES, IV. a contM 
 Effect of transfer, after maturity, of ac- 
 commodation paper which has been di- 
 verted from the use for which it was in- 
 tended by the accommodating party. 
 11 L.R.A.(N.S.) 1034. 
 
 Right of purchaser after maturity from 
 bona fide holder, to the same protec- 
 tion as the latter. 50 L.R.A. (N.S.) 83. 
 
 37. Paper transferred without in- 
 dorsement. 
 
 Warranty on transfer of third person's note 
 without indorsement, see SALE, 29. 
 
 Right of transferee, without indorsement, 
 of bill or note payable or indorsed to 
 order of transferrer, to protection as a 
 bona fide purchaser. 17 L.R.A.(N.S.) 
 1105. 
 
 Holder of unindorsed note as real party in 
 interest within the meaning of stat- 
 utes defining the parties by whom the 
 action must be brought. 17 L.R.A. 
 (N.S.) 1113. 
 
 Effect of production of bill or note not 
 transferable by delivery to establish 
 priinu facie plaintiff's title to note. 50 
 L.R.A.(N.S.) 581. 
 
 Effect of transfer, without indorsement, of 
 worthless check, or note of third 
 person. 10 L.R.A.(N.S.) 510. 
 
 38. Of bona fide holders. 
 
 Injunction against negotiation of note in 
 hands of. 28 L.R.A. 579. 
 
 Liability for transferring note to bona fide 
 holder so as to cut off defenses. 27 
 L.R.A. 519. 
 
 Usury as a defense against a bona fide pur- 
 chaser of a bill or note. L.R.A.1918C, 
 773. 
 
 Invalidity of note because made on Sunday, 
 as affecting right of innocent third 
 person to enforce it. L.R.A.1917C, 587. 
 
 Rights of bona fide purchaser of note de- 
 clared void by statute. 16 L.R.A. 45. 
 
 Bona fide purchaser of negotiable paper 
 
 from a foreign corporation which has 
 
 not complied with the conditions of do- 
 
 ' ing business in the state. L.R.A.1918B. 
 
 840. 
 
 Right of bona fide holder of promissory note 
 of insane person. 35 L.R.A. 161. 
 
 Intoxication as defense to bill or note in 
 hands of bona fide holder. 46 L.R.A. 
 (N.S.) 212. 
 
 Rights of bona fide holder without notice 
 of alteration of note by inserting place 
 of payment. 31 L.R.A. (N.S.) 648. 
 
 Liability to bona fide purchaser of note 
 getting into circulation without maker's 
 consent. 3 L.R.A.(N.S.) 212. 
 
 Effect of putting paper or securities trans- 
 ferable by delivery or indorsed in blank 
 into another's possession to estop own- 
 er as against purchaser in good faith. 
 29 L.R.A. (N.S.) 252. 
 
 Right of bona fide holder to enforce note 
 which does not indicate the nature of 
 its consideration as required bv stat- 
 ute. 10 L.R.A.(N.S.) 842. 
 
 Begin icith thin book on every law question. 
 
 BILLS AND NOTES, IV. a cont'd 
 
 Effect of detachment of paper attached to 
 bill or note and modifying the terms 
 thereof on rights of subsequent bona 
 fide purchaser. 22 L.R.A. (N.S.) 263. 
 
 Rights of owner of negotiable paper, payable 
 to bearer, or indorsed in blank, as 
 against bona fide purchaser from one 
 unlawfully in possession thereof. 19 
 L.R.A.(N.S.) 107. 
 
 Right of drawee of forged check or draft 
 to recover money paid thereon from 
 bona fide holder for value. 10 L.R.A. 
 (N.S.) 51. 
 
 Forgery of part of signatures of makers or 
 sureties on note as defense against bona 
 fide holder by makers whose signatures 
 were genuine. 13 L.R.A. (N.S.) 426. 
 
 Rights of transferee after maturity of paper 
 taken from bona fide holder. 46 L.R.A. 
 784. 
 
 Rights of payee of note after repurchasing 
 from bona fide holder. 54 L.R.A. 673. 
 
 Right of bona fide holder to recover on a 
 bill or note stolen before delivery. 
 L.R.A.1915E, 352. 
 
 Right cf purchaser after maturity from 
 bona fide purchaser to the same pro- 
 tection as the latter. 50 L.R.A.(N.S.) 
 83. 
 
 3 8 a. effect of fraud in execution or 
 character of paper. 
 
 Fraud in obtaining the execution of a note 
 as a defense against a bona fide 
 holder. 36 L.R.A. 434. 
 
 What misrepresentations ,s to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Deception as to character of paper signed 
 as defense against bona fide holder of 
 negotiable paper. 35 L.R.A.(N.S.) 776. 
 
 Title and right to overdue note as between 
 one who was induced by fraud to trans- 
 fer it and one who in good faith bought 
 of fraudulent transferee. 2 L.R.A. 
 (N.S.) 767. 
 
 b. Who protected as bona fide pur- 
 chasers. 
 
 39. Generally. 
 
 What law governs. 61 L.R.A. 202. 
 
 Effect of exchange of commercial paper to 
 constitute one a holder in due course 
 for value. 17 L.R.A.(N.S.) 747. 
 
 Principal as bona fide holder of bill or note 
 passing through agent's hands. 5 
 L.R.A.(N.S.) 628. 
 
 Intoxication of maker as affecting bona 
 fide holder. 54 L.R.A. 451. 
 
 Does the fact that a negotiable instrument 
 was, contrary to agreement, transferred 
 before the happening of a certain con- 
 tingency, impose the burden of proof 
 as to bona fides upon the holder. 22 
 L.R.A.(N.S.) 718. 
 
 Right of one who takes commercial paper 
 of corporation in payment of, an indi- 
 vidual debt of officer. 31 L.R.A. (N.S.) 
 L.R.A.1918F, 1163.
 
 INDEX TO L.R.A. NOTES. 
 
 109 
 
 BILLS AND NOTES, IV. b cont'd 
 
 Right of transferee without indorsement of 
 bill or note payable to order of trans- 
 ferrer to protection as a bona fide pur- 
 chaser. 17 L.R.A. (N.S.) 1J05. 
 
 Payee as a holder in due course within 
 uniform negotiable instruments law. 
 13 L.R.A. (N.S.) 490; L.R.A.1915B, 144. 
 
 Burden of proof as to bona lides of trans- 
 feree of warehouse receipts for prop- 
 erty secured by fraud. 10 L.R.A. (N.S.) 
 801. 
 
 40. Persons taking as collateral se- 
 curity. 
 
 Holder of bill or note as collateral security 
 as a bona fide holder. 31 L.R.A. 
 (N.S.) 287. 
 
 When principal obligation is collect- 
 able. 4 L.R.A. (N.S.) 1042. 
 Right of one taking commercial paper of 
 corporation as security for individual 
 debt of officer. 31 L.R.A. (N.S.) 169; 
 L.R.A.1918F, 1163. 
 
 41. Effect of alteration of note on 
 bona fides. 
 
 Effect of alteration, generally, see ALTER- 
 ATION OF INSTRUMENTS. 
 
 In general. 35 L.R.A. 464. 
 
 Reasons of the rule. 35 L.R.A. 465. 
 
 Illustrations. 35 L.R.A. 4C5. 
 
 Alteration must be material. 35 L.R.A. 467. 
 
 Corrections. 35 L.R.A. 467. 
 
 Alteration by stranger or by mistake. 35 
 
 L.R.A. 467. 
 
 Restoration of altered bill. 35 L.R.A. 467. 
 Consent. 35 L.R.A. 467. 
 Persons signing after alteration. 35 L.R.A. 
 
 467. 
 Filling blanks. 35 L.R.A. 467; 5 B. R. C. 
 
 710. 
 Leaving blanks will not authorize further 
 
 change. 35 L.R.A. 469. 
 Spaces. 35 L.R.A. 469. 
 Change apparent on face of note. 35 L.R.A. 
 
 470. 
 Effect of detachment of paper attached to 
 
 bill or note and modifying the terms 
 
 thereof on rights of subsequent bona 
 
 fide purchaser. 22 L.R.A. (N.S.) 263. 
 
 42. Notice of equities. 
 
 Right of purchaser with notice from bona 
 fide holder $o same protection as latter. 
 50 L.R.A. (N.S.) 74. 
 
 Is officer or employee of corporation charge- 
 able with its knowledge of infirmities 
 in commercial paper purchased from it. 
 48 L.R.A. (N.S.) 65; L.R.A.1015D, 1099. 
 Agent's knowledge of defense to bill or note 
 belonging to him and indorsed or trans- 
 ferred by him to his principal as af- 
 fecting the latter's character as a bona 
 fide holder. L.R.A.1918C, 902. 
 What circumstances are sufficient to put a 
 purchaser on inquiry. 29 L.R.A. 
 (N.S.) 351; 44 L.R.A. (N.S.) 395; 
 L.R.A.1918F, 1148. 
 Erasures, marks and defects. 29 L.R.A. 
 
 (N.S.) 376; L.R.A.1918F, 1157. 
 Consult also L.R.A. Digests of Cases. 
 
 BILLS AND NOTES, IV. b cont'd 
 
 Use of word "trustee" as imparting notice 
 of right of beneficiaries. 1 L.R.A, 
 (N.S.) 188. 
 
 Taking note from maker or payee as con- 
 structive notice of the accommodation 
 character of an irregular indorsement 
 and lack of authority for such indorse- 
 ment. 2 L.R.A. (N.S.) 525. 
 
 Effect of knowledge of consideration by pur- 
 chaser of a note which did not indi- 
 cate the nature of its consideration as 
 required by statute. 24 L.R.A.(N.S.) 
 1057. 
 
 Notice imported to holders by commercial 
 paper payable to a public body or of- 
 ficer thereof. 1..R.A.1915B, 725. 
 
 Failure of executory consideration for bill 
 or note as affecting purchaser 
 with knowledge of the character 
 of the consideration. 46 L.R.A. 
 (N.S.) 862; L.R.A.1918F, 1018. 
 
 Knowledge that instrument was signed in 
 blank 1 as affecting bona fides of taker 
 after blanks have been filled contrary 
 to instructions. 5 B. R. C. 710. 
 
 V. Presentment; demand; notice; pro- 
 test. 
 
 43. Generally. 
 
 Of check, see CHECKS, 9-11. 
 Presumption and burden of proof as to dis- 
 honor, see EVIDENCE, 96. 
 
 What law governs. 61 L.R.A. 216. 
 Banking customs as to demand and notice. 
 
 21 L.R.A. 441. 
 Admissibility in evidence of entries or 
 
 memoranda of notice of dishonor. 53 
 
 L.R.A. 525. 
 Denial of presentment on information and 
 
 belief. 30 L.R.A. (N.S.) 778. 
 
 44. Necessity. 
 
 Of check, see CHECKS, 10. 
 
 Effect of war between countries of parties 
 to note. L.R.A.1917C, 671. 
 
 What law governs. 61 L.R.A. 216, 217; 19 
 L.R.A.(N.S.) 673. 
 
 When paper held as collateral or condition- 
 al payment. 68 L.R.A. 487. 
 
 Demand and notice necessary to render de- 
 mand notes overdue. 46 L.R.A. 807. 
 
 In case of death of prior obligor. 23 L.R.A. 
 711. 
 
 Necessity of actual presentation of com- 
 mercial paper to effect its dishonor. 
 13 L.R.A. (N.S.) 303. 
 
 Necessity of demand and protest to enable 
 accommodation indorser who has been 
 obliged to pay bill or note to recover 
 from accommodated maker. 37 L.R.A. 
 (N.S.) 785. 
 
 Effect of loss of check on holder's right 
 to recover against maker without pre- 
 sentment. 14 L.R.A. (N.S.) 616. 
 
 45. Waiver. 
 
 When paper held as collateral or condition- 
 al payment. 68 L.R.A. 491.
 
 110 
 
 INDEX TO L.R.A. NOTES. 
 
 BILLS AND NOTES, V. cont'd , BILLS AND NOTES, VI. cont'd 
 
 Sufficiency of moral obligation to sustain I Rights of holder of paper transferred after 
 
 new promise after defense of laches. 
 
 53 L.R.A. 3G5. 
 Effect of statement by indorser to holder 
 
 that party primarily liable cannot pay, 
 
 as waiver of presentment to latter. 
 
 27 L.R.A.(N.S.) 510. 
 
 40. implied waiver. 
 
 Implied waiver of presentment and no- 
 tice by indorser before maturity. 
 33 L.R.A.(NJS.) 639; L.R.A.1916B, 
 044. 
 
 47. necessity for new consider- 
 ation. 
 
 Necessity for new consideration to support 
 waiver of failure to give notice. 
 29 L.R.A. 305; 3 L.R.A. (N.S.) 
 1079. 
 
 48. Sufficiency; mode; time. 
 
 What law governs. 61 L.R.A. 217, 218. 
 Banking custom as to demand and notice. 
 
 21 L.R.A. 441. 
 Note transferred after maturity. 46 L.R.A. 
 
 804. 
 
 49. to whom given. 
 
 To whom should notice of protest or non- 
 payment be given after appoint- 
 ment of receiver, assignee, or other 
 representative of insolvent? 61 
 L.R.A. 900. 
 
 Presentment to joint makers to hold in- 
 dorsers of note. 36 L.R.A. 703. 
 
 50. mode. 
 
 Validity of presentment of bill or note by 
 telephone. 34 L.R.A.(N.S.) 417. 
 
 Presentation and payment through clear- 
 ing house. 25 L.R.A. 826. 
 
 52. time. 
 
 Of check, see CHECKS, 11. 
 
 Contingency of claim against, as affecting 
 limitation of time for presentation 
 against estate of deceased. indorser. 58 
 L.R.A. 87. 
 
 Effect of transfer of check on time for 
 presentment. 10 L.R.A. (N.S.) 1153. 
 
 Time allowed for mailing check or notice of 
 dishonor, as affected by the hour at 
 which the mail closes or departs. 4 
 L.R.A.(N.S.) 132. 
 
 53. Effect of failure or delay. 
 
 Of check, see CHECKS, 11. 
 
 Release of indorser of check by delay in 
 
 presenting it. 22 L.R.A. 785. 
 Release of indorser of note by failure to en- 
 force liability of maker. 18 L.R.A. 
 (N.S.) 530. 
 
 Effect of failure of holder to make demand 
 or give notice of dishonor of paper 
 held as collateral or conditional 
 payment. 68 L.R.A. 482. 
 
 VI. Maturity; extension; renewals. 
 
 54. Generally. 
 
 Certainty as to maturity as affecting ne- 
 gotiability, see supra, 21. 
 
 maturity, see supra, 36. 
 What law governs. 61 L.R.A. 195. 
 
 L.R.A. 440. 
 of grace. 21 
 
 Begin with this boo7c on every law question. 
 
 Banking customs as to. 21 
 
 Bank customs as to days 
 L.R.A. 442. 
 
 Promise to pay as soon as one can. 27 
 L.R.A. (N.S.) 300. 
 
 Effect of contemporaneous agreement as to 
 time of payment of note. 43 L.R.A. 
 456. 
 
 Maturity of notes of members of mutual 
 fire insurance companies. 32 L.R.A. 
 484. 
 
 Time of payment of obligation purporting to 
 be payable on specified event the hap- 
 pening of which is wholly or partially 
 within the control of the promisor. 
 L.R.A.1917B, 1050. 
 
 First and last days in computing time on. 
 49 L.R.A. 207. 
 
 Priority of notes falling due at different 
 times secured by same mortgage. 24 
 L.R.A. 800. 
 
 Difference between note and mortgage af- 
 fecting maturity. 46 L.R.A.(N.S-) 475. 
 
 Effect of acceleration provision in mortgage 
 or note to start statute of limitations 
 running. 12 L.R.A. (N.S.) 1190; 22 
 L.R.A.(N.S.) 1110; 51 L.R.A. (N.S.) 
 151; L.R.A. 1918F, 169. 
 
 55. Demand notes. 
 
 Notice and demand necessary to render 
 paper overdue. 46 L.R.A. 807. 
 
 56. Extension of time; delay; re- 
 newal. 
 
 Extension of time when last day falls on 
 Sunday. 14 L.R.A. 120. 
 
 Effect of extension of time of note trans- 
 ferred after maturity. 46 L.R.A. 802. 
 
 Effect of renewal of note transferred after 
 maturity. 46 L.R.A. 802. 
 
 Provisions for renewal as affecting negotia- 
 bility. 31 L.R.A. 234. 
 
 Effect on negotiability of promissory note 
 of provision permitting extension of 
 time. 49 L.R.A. (N.S.) 132. 
 
 Implied waiver of presentment and notice 
 by indorsing renewal note before ma- 
 turity. 33 L.R.A.(N.S.) 640. 
 
 Liability of obligors on original contract as 
 affected by void renewal. 33 L.R.A. 
 628. 
 
 Liability on paper given in renewal of 
 forged paper. 23 L.R.A.(N.S.) 1234. 
 
 Conflict of laws as to usury in renewal con- 
 tracts. L.R.A.1916D, 756. 
 
 Renewal of conditional sale note as affecting 
 right of seller or the intervening rights 
 of third persons to the property. L.R.A. 
 1916A, 927. 
 
 Extent of forfeiture of interest in case of 
 renewals where usury is charged by 
 but not paid to national bank. 56 
 L.R.A. 683. 
 
 When guaranty of commercial paper 
 deemed to cover renewal. 16 L.R.A. 
 (N.S.) 775.
 
 INDEX TO L.R.A. NOTES. 
 
 Ill 
 
 BILLS AND NOTES, VI. cont'd 
 
 Renewal by insane person. 34 L.R.A. 274. 
 
 Effect of the reissue of a bill or note that 
 has been paid by or transferred to a 
 party primarily liable thereon. L.R.A. 
 1918E, 170. 
 
 Effect of fraudulent reissue of bill or note 
 which has been paid. 28 L.R.A. (N.S.) 
 1066. 
 
 57. release of party by. 
 
 Effect of renewal of principal's obligation 
 to release party to a note executed to 
 tlie creditor as collateral. 23 L.R.A. 
 (N.S.) 141. 
 
 Effect, under negotiable instruments law, 
 of extension of time to principal, to re- 
 lease one who, on the face of the in- 
 strument, is primarily liable, but who 
 is in fact surety. 10 L.R.A. (N.S.) 
 129; 26 L.R.A.(N.S.) 99. 
 
 Effect under negotiable instrument law of 
 extension of time to principal to re- 
 lease a surety or guarantor. 31 L.R.A. 
 (N.S.) 149. 
 
 Extension of time to corporation as affect- 
 ing nubility of officers or stockholders 
 who sign as sureties or indorsers. 47 
 L.R.A. (N.S.) 274. 
 
 Agreement to extend time for payment con- 
 ditional upon surety's consent as a re- 
 lease of the surety. L.R.A.1915C, 831. 
 
 Release of indorser from liability by failure 
 to enforce liability of maker. 18 L.R.A. 
 (N.S.) 530. 
 
 Release of indorser by lack of diligence in 
 bringing suit. 18 L.R.A. (N.S.) 540. 
 
 Excuse for delay in enforcing liability of 
 maker of note so as to prevent 
 release of indorser. 18 L.R.A. 
 (N.S.) 553. 
 
 57a. consideration for subsequent 
 agreement extending time of pay- 
 ment. 
 
 Necessity of consideration. 52 L.R.A. 
 (N.S.) 333. 
 
 Money consideration. 52 L.R.A. (N.S.) 336. 
 
 Promise to pay obligation. 52 L.R.A. (N.S.) 
 337. 
 
 Promise to pay in different place or man- 
 ner. 52 L.R.A. (N.S.) 338. 
 
 Agreement to pay, or payment of, another 
 debt. 52 L.R.A. (N.S.) 338. 
 
 Payment of costs. 52. L.R.A. (N.S.) 339. 
 
 Giving of an additional security. 52 L.R.A. 
 (N.S.) 339. 
 
 Agreements void under statute of frauds. 
 52 L.R.A. (N.S.) 341. 
 
 Interest. 52 L.R.A. (N.S.) 341. 
 
 Partial payment, or agreement therefor. 
 
 52 L.R.A.(N.S.) 366. 
 VII, Payment; discharge. 
 
 58. Generally. 
 
 Presentment for payment and notice of 
 nonpayment, see supra, 43-53. 
 
 Of check, see CHECKS, 8. 
 
 Liability of bank paying forged check, see 
 BANKS, 24. 
 
 Premium notes, see INSURANCE, 111. 
 
 Payment by note, see PAYMENT, 11. 
 
 Admissibility of books of account to prove 
 
 pnvmont. 52 L.R.A. 706. 
 Consult also L.R.A. Digests of Cases. 
 
 BILLS AND NOTES, VII. cont'd 
 
 Payment of note given to one who has be- 
 come an alien enemy. L.R.A. 1 91 7C, 671. 
 
 Note payable in foreign money. 20 L.R.A. 481. 
 
 Necessity of notice of default to bind guar- 
 antor of payment or collection. 20 
 L.R.A. 261. 
 
 Collection of notes of members of mutual 
 fire insurance companies by receiver or 
 assignee for creditors. 32 L.R.A. 486. 
 
 Right to maintain trover to recover posses- 
 sion of paid bill or note. 16 L.R.A. 
 (N.S.) 1043. 
 
 Effect of day for payment falling on Sun- 
 day. 3 B. R. C. 678. 
 
 58a. Contemporaneous agreement as 
 to payment. 
 
 That payment of note is to be conditional. 
 
 43 L.R.A. 453. 
 
 As to time of payment. 43 L.R.A. 456. 
 As to medium of payment. 43 L.R.A. 458. 
 As to place of payment. 43 L.R.A. 458. 
 As to mode of payment. 43 L.R.A. 459. 
 As to amount to be paid. 43 L.R.A. 460. 
 
 59. Effect of payment. 
 
 Effect of payment of, bv volunteer. 23 
 L.R.A. 124. 
 
 Defense of payment as against transferee 
 after maturity. 46 L.R.A. 778; L.R.A. 
 1915E, 395. 
 
 Extinction of judgment against principals 
 on, by payment by surety. 68 L.R.A. 559. 
 
 Payment of promissory note by maker, 
 which proves ineffectual as a satis- 
 faction, as affecting the liability of a 
 surety thereon. 13 L.R.A. (N.S.) 204. 
 
 Payment voidable under bankruptcy act 
 as discharge of surety, guarantor, or 
 indorser. 9 L.R.A. (N.S.) 581. 
 
 Effect on lien of mortgage securing nego- 
 tiable instruments assigned before ma- 
 turity of payment to payee, without 
 knowledge of assignment. 29 L.R.A 
 (N.S.) 577; 41 L.R.A. (N.S.) 462. 
 
 Lien of mortgage securing negotiable in- 
 struments assigned before maturity as 
 affected by payment to payee without 
 knowledge of assignment. 29 L.R.A. 
 (N.S.) 577. 
 
 Right of one advancing money to pay pur- 
 chase money note to be subrogated to 
 vendor's lien. 37 L.R.A. (N.S.) 1207. 
 
 Effect of reissue of bill or note that has 
 been paid by the party primarily lia- 
 ble thereon. 28 L.R.A. (N.S.) 1066; 
 L.R.A.1918E, 170. 
 
 60. Authority to make. . 
 
 Payment to one not in possession. 23 
 L.R.A.(N.S.) 414; L.R.A.1916B, 860. 
 
 VIII. Actions and defenses. 
 
 61. Generally. 
 
 Running of limitations against, see LIMI- 
 TATION OF Ac i IONS, 23. 
 Question for jury as to, see TRIAL, 52. 
 
 Is amount of attorneys' fees expros^v stip- 
 ulated for in note to be included in 
 computing amount involved for purpose 
 of ascertaining jurisdiction. 49 L.R.A. 
 (N.S.) 600.
 
 112 
 
 INDEX TO L.R.A. NOTES. 
 
 BILLS AND NOTES, VIII. cont'd 
 Necessity of exhaustion of remedy at law 
 
 as condition precedent to creditors' bill. 
 
 23 L.R.A.(N.S.) 78, 101. 
 What law governs respecting right to join 
 
 primary and secondary obligors. 61 
 
 L.R.A. 226. 
 
 62. Right of action; who may sue. 
 
 Ki"ht to recover on a bill or note stolen 
 before delivery. L.R.A.191f>K, 351. 
 
 What law governs. 61 L.R.A. 222. 
 
 Who is real party in interest by whom ac- 
 tion must be brought. 64 L.R.A. 599. 
 
 Wife's right to sue husband on note. 5 
 L.R.A.(N.S.) 611. 
 
 Vendor's right to recover on unpaid notes 
 given on conditional sale of property. 
 32 L.R.A. 458. 
 
 63. paper lost or destroyed. 
 
 Right of action at law on lost bill or note. 
 
 16 L.R.A. 205. 
 May indorser of lost bill, check, or note 
 
 maintain an action thereon. 24 L.R.A. 
 
 (N.S.) 645. 
 
 64. to recover possession of. 
 
 Right to maintain trover to recover pos- 
 session of paid bill or note. 16 L.R.A. 
 (N.S.) 1043. 
 
 Replevin or detinue for promissory note. 
 3 L.R.A.(N.S.) 138. 
 
 65. Defenses. 
 
 As to paper transferred or assigned, see 
 supra, IV. 
 
 Liability on paper payable to impostor, see 
 supra, 14. 
 
 Liability on forged paper, see supra, 16. 
 
 Alteration as affecting subsequent bona fide 
 holder, see supra, 41. 
 
 Alteration as a defense generally, see ALTER- 
 ATION OF INSTRUMENTS. 
 
 ~~' 
 
 Right to plead inconsistent defenses. 48 
 L.R.A. 194. 
 
 Conflict of laws as to defenses available to 
 maker or acceptor. 61 L.R.A. 206; 
 19 L.R.A.(N.S.) 670. 
 
 Conflict of laws as to defenses available 
 to drawer or indorser. 61 L.R.A. 212; 
 19 L.R.A.(N.S.) 672. 
 
 Right of innocent payee to recover on notes 
 signed in blank and intrusted to third 
 person who exceeds his authority in 
 filling up the blanks before delivery to 
 payee. 13 L.R.A. (N.S.) 490; L.R.A. 
 1915B, 144. 
 
 Defenses available to maker against trans- 
 feree after maturity. 46 L.R.A. 760. 
 
 To notes of members of mutual fire in- 
 surance companies. 32 L.R.A. 486. 
 
 Liability for transferring note to bona fide 
 holder so as to cut off defense of in- 
 dorser. 27 L.R.A. 520. 
 
 Right to refuse payment of draft the pro- 
 ceeds of which are us< d in illegal tran- 
 saction. 39 L.R.A. (N.S.) 1005. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Begin irtth this book on every law question. 
 
 BILLS AND NOTES, VIII. cont'd 
 66. lack or failure of consider- 
 ation. 
 
 As to consideration generally, see supra, 
 18. 
 
 Sufficiency of general averment of want of 
 consideration. I..I!.A.1!H7F, 581. 
 
 Failure of consideration as defense to ac- 
 tion on purchase price of note. 39 
 L.R.A. (N.S.) 938; L.R.A.1918A, 1055. 
 
 In case of paper transferred after maturity. 
 46 L.R.A. 761. 
 
 Notes given for patent rights. 20 L.R.A. 
 605. 
 
 67. contemporaneous agreement 
 and its breach. 
 
 Parol agreements. 43 L.R.A. 449. 
 
 Collateral and independent agreements. 43 
 L.R.A. 464. 
 
 Mutual and dependent agreements. 43 
 L.R.A. 467. 
 
 Consistent agreements constituting parts 
 of a whole transaction. 43 L.R.A. 473. 
 
 Agreements constituting consideration for 
 note. 43 L.R.A. 474. 
 
 Agreements constituting condition of de- 
 livery. 43 L.R.A. 480. 
 
 Agreements constituting satisfaction or dis- 
 charge. 43 L.R.A. 482. 
 
 Executed agreements. 43 L.R.A. 483. 
 
 Effect on transferee of note. 43 L.R.A. 485. 
 
 Violation of contemporaneous agreement as 
 defense against holder of negotiable 
 paper transferred after maturity. 46 
 L.R.A. 769. 
 
 Breach of parol warranty as defense to an 
 action between original parties on note 
 for purchase price of chattel. 28 L.R.A. 
 (N.S.) 267. 
 
 68. Set-off. 
 
 In bankruptcy cases. 55 L.R.A. 40, 48, 53, 
 59, 64, 70. 
 
 Rights of indorser as to set-off in case of 
 debts due from insolvent. 17 L.R.A. 
 460. 
 
 Right to set off insolvent's obligation on 
 commercial paper in hands of his re- 
 ceiver or assignee for creditors. 23 
 L.R.A. 319. 
 
 As to commercial paper in the hands of 
 insolvent's assignee or receiver. 23 
 L.R.A. 325. 
 
 Set-off against judgment on note in hands 
 of assignee. 23 L.R.A. 338. 
 
 Effect of setting up defects in articles pur- 
 chased as a counterclaim in an action 
 on one of a series of notes rnven for in- 
 stalment of the purchase price, upon 
 the right to set up a like countt -claim 
 in subsequent actions. 10 L.R.A. (N.S.) 
 734. 
 
 68a. In case of transfer after ma- 
 turity. 
 
 In case of transfer after maturity. 46 
 L.R.A. 790. 
 
 Right to set off against transferee of ne- 
 gotiable paper after maturity claim 
 against original payee. 23 L.R.A. 
 326; 39 L.R.A.(N.S.) 658.
 
 INDEX TO L.R.A. NOTES. 
 
 113 
 
 BILLS AND NOTES, VIII. cont'd 
 69. Pleading. 
 
 Sufficiency of p'aintiff's pleadings, see 
 
 PLEADING, 19, 20. 
 Sufficiency of answer denying plaintiff's 
 
 ownership, goe PLEADING, 38a. 
 
 Right to plead inconsistent defenses. 48 
 
 L.R.A. 194. 
 Pleading failure of consideration as defense 
 
 to purchase money note. 39 L.R.A. 
 
 (N.S.) 949. 
 
 70. Evidence. 
 
 Admissibility of parol evidence to show to 
 which indorsement qualifying words be- 
 long. 49 L.R.A. (N.S.) 789. 
 
 Effect of production of bill or note not 
 transferable by delivery to establish 
 prima facie plaintiff's title to note. 50 
 L.R.A. (N.S.) 581. 
 
 Presumption and burden of proof in action 
 by purchaser. 17 L.R.A. 326. 
 
 Effect of admission to change burden of 
 proof and right to open and close in 
 assumpsit on bill or note. 61 L.R.A. 
 535, 541, 544. 
 
 Admissibility of extrinsic evidence to show 
 who is liable as maker of a note. 20 
 L.R.A. 705. 
 
 71. Judgment. 
 
 Effect upon lien of mortgage of entry of 
 judgment upon note secured thereby. 
 24 L.R.A. (N.S.) 1095. 
 
 Conclusiveness of judgment as between 
 plaintiff and one not a party or pri- 
 vy who voluntarily conducted defense 
 in action upon note. 37 L.R.A.(N.S.) 
 965. 
 
 72. Amount of recovery. 
 
 See DAMAGES, 26. 
 
 IX. Recovery bac7c of payments. 
 
 73. Generally. 
 
 Recovery by bank of money paid out by it, 
 see BANKS, 28, 29. 
 
 Right of accommodation party who is ob- 
 liged to pay bill or note to recover from 
 accommodated party. 37 L.R.A. (N.S.) 
 783. 
 
 Right of drawee of forged draft to recover 
 money paid thereon. L.R.A.1915A, 77. 
 
 X. Accommodation paper. 
 
 74. Generally. 
 
 Purchase of accommodation paper at dis- 
 count as usury. 43 L.R.A. (N.S.) 220. 
 
 Notice to accommodation payee after in- 
 solvency. 61 L.R.A. 901. 
 
 Effect of transfer after maturity of accom- 
 modation paper which has been diverted 
 from the use for which it was intended 
 by the accommodating party. 11 
 L.R.A.(N.S.) 1034. 
 
 75. Power to issue. 
 
 Power of corporation to issue accommoda- 
 tion paper. 9 L.R.A. (N.S.) 193. 
 Consult also L.R.A. Digests of Cases. 
 
 BILLS AND NOTES, X. cont'd 
 Power of agent to indorse paper for accom- 
 modation. 27 L.R.A. 407. 
 
 76. Boiia fide holder of. 
 
 Circumstances sufficient to put purchaser 
 on inquiry. 29 L.R.A. (N.S.) 385; 
 L.R.A.1918F, 1148. 
 
 Taking note from maker or payee as con- 
 structive notice of the accommodation 
 character of an irregular indorsement 
 and lack of authority for such indorse- 
 ment. 2 L.R.A. (N.S.) 525. 
 
 Holder of accommodation paper as collat- 
 eral security as a bona fide holder. 
 31 L.R.A.(N.S.) 296. 
 
 77. Rights and liabilities of parties 
 to. 
 
 Rights inter se of accommodation parties 
 to commercial paper. 28 L.R.A. 
 (N.S.) 1039. 
 
 Right of accommodation party who is 
 obliged to pay bill or note, to re- 
 cover from the accommodated 
 party. 37 L.R.A. (N.S.) 783. 
 Accommodation indorsement by bank. 23 
 
 L.R.A. 836. 
 
 Liability of national bank on accommoda- 
 tion guaranty by it. 32 L.R.A.(N.S.) 
 545; L.R.A.1918A, 415. 
 
 Extent of recovery by pledgee on paper 
 which pledgeor could not collect. 44 
 L.R.A. 249. 
 
 Availability of defense of, as against trans- 
 feree after maturity. 46 L.R.A. 772. 
 Implied warranty by one passing worthless 
 accommodation paper of third person 
 without indorsement. 10 L.R.A.(N.S.) 
 548. 
 Set-off in case of bankruptcy. 55 L.R.A. 65. 
 
 BILLS OF EXCEPTIONS. 
 
 See APPEAL AND EHROR, 23. 
 
 * 
 
 BILLS OF EXCHANGE. 
 
 In general, see BILLS AND NOTES. 
 
 Obtaining bill of exchange by false pre- 
 tenses. L.R.A.1916E, 1106. 
 
 BILLS OF LADING. 
 
 1. Generally. 
 
 Rights and liability of carriers under, see 
 
 CARRIERS, 107, 108, 114. 
 Bill of lading with draft attached, see 
 
 BILLS AND NOTES, 7. 
 
 Retaining control of bill of lading to insure 
 payment as affecting sufficiency of de- 
 livery to carrier as compliance with 
 provision requiring delivery at place of 
 shipment. L.R.A.1915B, 537. 
 
 Intent shown by, to retain title on delivery 
 of goods to carrier. 22 L.R.A. 421.
 
 1! 1 
 
 INDEX TO L.R.A. NOTES. 
 
 BILLS OF LADING cont'd 
 
 Effect of indorsing and mailing to purchase: 
 
 bill of lading naming seller as con 
 
 signee, to pass title. 34 L.R.A. (N.S) 
 
 293. 
 Validity of agreement of railroad company 
 
 to issue false bills of lading. 12 L.R.A 
 
 (N.S.) 610. 
 
 2. Bona lid i- holders of. 
 
 Liability of carrier to bona fide holder 
 bill of lading issued by negligence or 
 mistake of agent without delivery of 
 any goods to carrier. 22 L.R.A. (N.S.) 
 828. 
 
 Right of carrier to deny as against bona 
 fide holder of bill of lading that goods 
 were delivered to it. 6 L.R.A. (N.S.) 
 302. 
 
 Conclusiveness of, as to character and 
 amount of goods as between carrier 
 and bona fide transferee. 34 L.R.A. 
 (N.S.) 1177. 
 
 Effect of putting bills of lading indorsed in 
 blank into another's possession to es- 
 top owner as against purchaser in good 
 faith. 29 L.R.A. (N.S.) 255. 
 
 BILL OF PARTICULARS. 
 
 Right under statute to an order for the 
 examination of an adverse party to en- 
 able one to frame a bill of particulars. 
 L.R.A.1918C, 599. 
 
 BILLS OF PEACE. 
 
 To quiet title, effect of remedy at law upon. 
 12 L.R.A.(N.S.) 50. 
 
 BILLS OF REVIEW. 
 
 See REVIEW. 
 
 BILLS OF RIGHTS. 
 
 See CONSTITUTIONAL LAW. 
 
 BILLS OF SALE. 
 
 Relief from mistake of law as to effect of 
 28 L.R.A.(N.S.) 820. 
 
 Production of, as repelling presumption of 
 pnilt from possession of recently stolen 
 property. 39 L.R.A. (N.S.) 320. 
 
 Parol evidence to show that written instru- 
 ment which on its face imports a com- 
 plete transfer was intended to operate 
 as a mortgage or pledge. L.R.A.1916B, 
 lo. 
 
 BILLS OF SALE cont'd 
 
 Applicability of rule excluding parol evi- 
 dence to vary contract in favor of or 
 against a stranger to the contract. 
 L.R.A. 1916A, 596, 607. 
 
 BIRTHS. 
 
 Constitutionality of statute as to report- 
 ing and registering. 39 L.R.A. (N.S.) 
 1015. 
 
 Physician's private records or memoranda 
 as evidence of. L.R.A. 1915F, 803. 
 
 Admissibility of declarations and repute on 
 question whether child was born dead 
 or alive. L.R.A.1918D, 1085. 
 
 BISULPHIDE. 
 
 Liability for injury to employee by explo- 
 sion of. L.R.A.1918B, 864. 
 
 BIT. 
 
 Liability of master for injury by defect in. 
 L.R.A.1918D, 1141. 
 
 BITCH. 
 
 Charging woman with being, as libel or 
 slander, see LIBEL AND SLANDER, 12. 
 
 BITTERS. 
 
 As intoxicating liquor. 20 L.R.A. 647. 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) .307. 
 
 BLACKBOARD. 
 
 Permitting expert witness as to handwrit- 
 ing and typewriting to use blackboard 
 for purpose of illustration. L.R.A. 
 1918D, 645. 
 
 BLACKLISTING. 
 
 n junction against, see INJUNCTION, 17. 
 Of servant, see MASTER AND SERVANT, 7. 
 
 Of dealer as libel. 
 (N.S.) 783. 
 
 49 L.R.A. 612; 8 L.R.A. 
 
 Begin with this took, on every law question. 
 
 BLACKMAIL. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 566. 
 
 Charge of blackmailing or extortion as ac- 
 tionable per se. 6 B. R. C. 481.
 
 INDEX TO L.R.A. NOTES. 
 
 115 
 
 BLACKSMITH. 
 
 Validity of restrictive agreement ancillary 
 to sale of business of. 24 L.R.A. 
 (N.S.) 930; L.R.A.1916C, 630. 
 
 BLANK. 
 
 1. Generally. 
 
 Filling in names of parties left blank in 
 
 deed, see DEEDS, 19. 
 See also ALTERATION OF INSTRUMENT. 
 
 For name in certificate of acknowledgment. 
 19 L.R.A. 279. 
 
 In warrant of attorney to confess judg- 
 ment. 13 L.R.A. 796. 
 
 Leaving blank in plat as a dedication. 23 
 L.R.A. (N.S.) 809. 
 
 Paying check written on blank of another 
 bank as negligence. 19 L.R.A. (N.S.) 
 403. 
 
 Efi'ect of unfilled blank in shipping receipt 
 to extend initial carrier's undertaking 
 beyond its own line. 31 L.R.A. (N.S.) 
 38, 
 
 Blanks in will as affecting right to probate. 
 34 L.R.A.(N.S.) 966. 
 
 Validity and effect of deed or mortgage 
 executed in blank as to the land to be 
 conveyed. L.R.A.1918A, 1155. 
 
 Implied authority to fill in name of grantee 
 or mortgagee in blank left for that pur- 
 pose at time of delivery. 38 L.R.A. 
 (N.S.) 423. 
 
 2. In bills, notes, or checks. 
 
 Effect of filling blanks in note. 35 L.R.A. 
 467. 
 
 Check indorsed in blank as subject of lar- 
 ceny or embezzlement. 42 L.R.A. 
 ' (N.S.) 499. 
 
 Effect of marginal letter or figures in bill 
 or note otherwise blank as to amount. 
 2 L.R.A.(N.S.) 879. 
 
 Implied authority to fill in blank for place 
 of payment in note. 31 L.R.A. (N.S.) 
 643. 
 
 Implied or apparent authority to insert 
 date in blank in commercial paper. 
 L.R.A.1916F. 1266. 
 
 Implied or apparent authority as to filling 
 in blank left for the name of the payee 
 in commercial paper. L.R.A.1918D, 
 1064. 
 
 Liability of maker, acceptor, or indorser of 
 commercial paper where blanks thereon 
 are filled up contrary to his instruc- 
 tions. 5 B. R. C. 702. 
 
 Right of innocent payee to recover on notes 
 signed in blank and intrusted to third 
 person who exceeds his authority in 
 filling up the blanks before delivery to 
 pavee. 13 L.R.A.(N.S.) 490; L.R.A. 
 1915B, 144. 
 
 i 
 
 3. Indorsements In. 
 
 Trust in proceeds of collection by insolvent 
 bank as against subagent's claims where 
 indorpprnent is in blank. 32 T..T? A. 721. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BLANK cont'd 
 
 Character of liability of third party who 
 indorses his name in blank on non- 
 negotiable paper before delivery. 
 L.R.A.1916D, 223. 
 
 Rights of owner of negotiable paper indorsed 
 in blank as against bona fide purchaser 
 from one unlawfully in possession. 
 19 L.R.A.(N.S.) 107. 
 
 Effect of blank indorsement to impart nego- 
 tiability to non-negotiable instrument. 
 26 L.R.A. (N.S.) 804. 
 
 Effect of putting non-negotiable paper or 
 securities indorsed in blank, into an- 
 other's possession to estop owner as 
 against purchaser's good faith. 29 
 L.R.A.(N.S.) 254. 
 
 BLANKET ALLOWANCE. 
 
 For overhead charges in public service prop- 
 erty valuations. 48 L.R.A. (N.S.) 1052. 
 
 BLASPHEMY AND PROFANITY. 
 
 Proof of corpus delicti in prosecution for. 
 
 68 L.R.A. 56, 70-72. 
 Blasphemy and profanity as crimes. 22 
 
 L.R.A. 353. 
 As disturbance of the public peace. 32 
 
 L.R.A.(N.S.) 505. 
 
 BLASTING. 
 
 1. Generally. 
 
 Injunction against. 6 L.R.A. 570. 
 
 Violating ordinance as to, as ground for pri- 
 vate action. 5 L.R.A. (N.S.) 260. 
 
 Duty of those engaged in, as to the safety 
 of others. 17 L.R.A. 729. 
 
 Presumption of statutory authority of rail- 
 road company to commit nuisance by. 
 70 L.R.A. 586. 
 
 Liability for injury to person or property 
 from concussion caused by blasting. 12 
 L.R.A.(N.S.) 389; 27 L.R.A.(N.S.) 
 425; L.R.A.1915E, 356. 
 
 Liability, in absence of negligence, for dam- 
 ages to land or buildings from substan- 
 ces thrown in blasting. 17 L.R.A. 729; 
 34 L.R.A.(N.S.) 211; L.R.A.1917A, 
 1016. 
 
 Liability for injury in consequence of fright- 
 ening horse by blasting. 36 L.R.A. 
 (N.S.) 54. 
 
 Municipal liability for failure to prevent 
 blasting. 42* L.R.A.(N.S-) 864. 
 
 Measure of damages for destruction of, or 
 damage to, building by blasting. L.R.A 
 1917A, 371. 
 
 2. Master's liability to servant for 
 Injury by. 
 
 Liability of master for injuries incident 
 to the use of steel tools in blasting. 
 27 L.R.A.(N.S.) 982.
 
 116 
 
 INDEX TO L.R.A. NOTES. 
 
 BLASTING cont'd 
 
 Duty to warn servant engaged in blasting 
 of dangers therefrom. 19 L.R.A. (N.S.) 
 997. 
 
 Delegability of master's duty to warn serv- 
 ant against danger from. 26 L.R.A. 
 (N.S.) 640. 
 
 Common laborers and persons engaged in 
 blasting as fellow servants. 20 L.R.A. 
 (N.S.) 1180. 
 
 Imputing to master coservant's negligence 
 as to inspection incidental to details of. 
 54 L.R.A. 161. 
 
 Master's liability for vice principal's negli- 
 gence in work of. 54 L.R.A. 133. 
 
 Liability of master fo~ injury caused by 
 unexploded charge left after blasting. 
 48 L.R.A. (N.S.) 931. 
 
 Liability of master for injuries due to 
 dangerous condition of earth and rock 
 left after blasting. 48 L.R.A. (N.S.) 
 925. 
 
 3. Liability for acts of independent 
 contractor. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in. 65 L.R.A. 644. 
 
 Liability for, when done by independent 
 contractor. 14 L.R.A. 830; 65 L.R.A. 
 753, 854. 
 
 Liability of employer for negligence of inde- 
 pendent contractor in the performance 
 of contract requiring blasting. 14 
 L.R.A.(N.S.) 913; 29 L.R.A.(N.S.) 851. 
 
 BLASTING POWDER. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 BLIND. 
 
 Contributory negligence of person of poor 
 sight in street, see HIGHWAYS, 98. 
 
 Care due to. in absence of contract rela- 
 
 **". P9 T./R.A. 521. 
 Duty toward blind persons as to condition 
 
 of streets. L.R.A.1917C, 126. 
 Duty of carrier to accept blind passenger. 
 
 26 L.R.A.(N.S.) 172. 
 Duty of carrior to blind passenger. 38 
 
 L.R.A.(N.S.) 564. 
 
 BLIND HORSE. 
 
 Driving blind horse as negligence, or con- 
 tributory negligence. 48 L.R.A. (N.S.) 
 
 BLOCKADE. 
 
 Liability of insurer under policy of marine 
 insurance for losses arising out of state 
 of war. 5 B. R. C. 4. 
 
 BLOCKING SWITCHES. 
 
 Want of blocking at switches, see UN- 
 BLOCKED SWITCHES. 
 
 BLOCK SIGNAL OPERATORS. 
 
 As fellow servants of trainmen, see MASTER 
 AND SERVANT, 149. 
 
 BLOODHOUNDS. 
 
 Evidence of trailing by. 42 L.R.A. 432; 35 
 L.R.A.(N.S.) 870; L.R.A.1917E, 730. 
 
 BLOOD POISONING. 
 
 Of insured, see INSURANCE, 160. 
 
 Liability of physician called to reduce frac- 
 ture for causing. 12 L.R.A. (N.S.) 752. 
 
 Apprehension of, as basis of recovery for 
 mental anguish. 20 L.R.A. (N.S.) 458. 
 
 Following personal injury, effect on re- 
 covery. 48 L.R.A. (N.S.) 98. 
 
 Recovery fo/, under Workmen's Compensa- 
 tion Act. L.R.A.1918F, 876. 
 
 BLOOD RELATIONS. 
 
 Who are. 14 L.R.A. 342. 
 
 BLOOD VESSEL. 
 
 Rupture of, as accident within accident in- 
 surance policy. 19 L.R.A.(N.S.) 1206. 
 
 BLOTS. 
 
 On official ballot. 47 L.R.A. 819. 
 
 BLOWING OFF STEAM. 
 
 Liability of railroad company for injury 
 caused by. 10 L.R.A.(N.S.) 387. 
 
 Blue flag rule as affecting contributory neg- 
 ligence of employee in going under or 
 between cars liable to be moved at any 
 time. L.R.A.1918C, 380. 
 
 BLUE SKY LAWS. 
 
 Constitutionality of. L.R.A.1917F, 524. 
 
 Begin irtth this 6oofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 117 
 
 BOARD. 
 
 1. Food and lodging. 
 
 At inn or hotel, see INNKEEPERS, 
 
 See also BOAEDEKS AND BOARDING HOUSES. 
 
 Admissibility of books of account to prove 
 charges for board. 52 L.R.A. 700. 
 
 Implied authority of agent or employee to 
 bind principal for. L.R.A.1916B, 754. 
 
 Payment of board by week as affecting re- 
 lation between proprietor of hotel and 
 one making no arrangement as to time 
 of stay. 14 L.R.A. (N.S.) 476. 
 
 Imprisonment for debt for beating board 
 bill. 21 L.R.A. (N.S.) 259; L.R.A. 
 1915B, 649. 
 
 Right of married woman to maintain action 
 for board of third person living in the 
 home. 46 L.R.A. (N.S.) 238. 
 
 2. Public bodies. 
 
 Board of agriculture, see BOARD OF AGRICUL- 
 TURE. 
 
 Board of trade, see BOARD OF TRADE. 
 
 County board, see COUNTIES, 12. 
 
 Of health, see HEALTH, 5. 
 
 Of equalization, see TAXES, 51. 
 
 Delegation of power to, see CONSTITUTIONAL 
 LAW, 15. 
 
 Power to make lease, see LANDLORD AND 
 TENANT, 12. 
 
 Mandamus to, see MANDAMUS, 3-11. 
 
 Powers and decisions of boards under Selec- 
 tive Service Act of May 18, 1917. 
 L.R.A.1918E, 1018. 
 
 Power to employ attorney. L.R.A.1917D, 
 247. 
 
 Parol evidence to vary or supplement min- 
 utes of public body. 50 L.R.A. (N.S.) 
 99. 
 
 Validity of agreement by which compensa- 
 tion is dependent on success in procur- 
 ing a contract with. L.R.A.1915C, 823. 
 
 Injunction against action of public boards 
 under unconstitutional statute as affect- 
 ed by other remedies. 8 L.R.A. (N.S.) 
 127. 
 
 Power of municipal board to employ one of 
 its own members as counsel or to ren- 
 der other special services. 3 L.R.A. 
 (N.S.) 849. 
 
 Liability of public officer for wrongful act 
 of corporate board of which he is a 
 member. 5 L.R.A. (N.S.) 463. 
 
 Right of board of municipality, county, or 
 town to reconsider action as to al- 
 lowance of claim. 21 L.R.A. (N.S.) 
 289. 
 
 Power of board to appoint officer or make 
 contract for term extending beyond its 
 own term. 29 L.R.A. (N.S.) U52; 
 L.R.A.1915E, 581. 
 
 Validity of agreement by which compensa- 
 tion is dependent on success in procur- 
 ing contract. 39 L.R.A. (N.S.) 747. 
 
 BOARD BILL. 
 
 Imprisonment for debt for beating board 
 bill. 21 L.R.A.(N.S.) 259; L.R.A. 
 1915B, 649. 
 
 Consult o/so L.R.A. Digests of Cases. 
 
 BOARDERS AND BOARDING 
 HOUSES. 
 
 As to hotels, see INNKEEPERS. 
 
 See also BOARD, 1. 
 
 Liability of landlord for injury to guest in 
 boarding house, see LANDLORD AND TEN- 
 ANT, IV. d, 4. 
 
 Power to require license to keep, see LI- 
 CENSE, 22b. 
 
 Occupancy of boarding house by servant. 4 
 
 L.R.A.(N.S.) 703. 
 Right of boarder to notice to redeem from 
 
 tax sale. 44 L.R.A. (N.S.) 676. 
 Right to claim homestead in property used 
 
 as boarding house. 41 L.R.A. (N.S.) 
 
 303. 
 Constitutionality of statutory regulations 
 
 as to safety and sanitary conditions 
 
 of boarding house. 17 L.R.A. (N.S.) 
 
 486. 
 Use of railroad right of way for purpose 
 
 of, as against owner of fee. 36 L.R.A. 
 
 (N.S.) 517. 
 Duty and liability of boarding-house keeper 
 
 with respect to property of boarder. 
 
 45 L.R.A.(N.S.) 31. 
 Serving liquor with meals by propriotor 
 
 as a sale thereof. 52 L.R.A. (N.S.) 722. 
 Liability of innkeeper or boarding-house 
 
 keeper for theft from boarder. 3 B. R. 
 
 C. 316. 
 Who is a boarding house keeper within 
 
 statute giving lien. L.R.A.1918D, 402. 
 
 BOARDING STABLE. 
 
 See LIVERY STABLE. 
 
 BOARD OF AGRICULTURE. 
 
 Liability of state board of agriculture con- 
 ducting fair or exposition for injury 
 to patron. L.R.A.1915E, 469. 
 
 BOARD OF EQUALIZATION. 
 
 See TAXES, 51. 
 
 BOARD OF HEALTH. 
 
 See HEALTH, 5. 
 
 BOARD OF TRADE. 
 
 See also STOCK AND PRODUCE EXCHANGE. 
 
 Compulsory service by. 15 L.R.A. 322. 
 Validity of rule of requiring submission of 
 disputes to arbitration. 2 L.R.A. 
 
 (N.S.) 672.
 
 118 
 
 INDEX TO L.R.A. NOTES. 
 
 BOARD OF TRADE cont'd 
 
 Property rights in market quotations. 7 
 
 L.R.A.(N.S.) 889. 
 Review of decisions of, against members. 
 
 49 L.U.A. 358, 361. 
 Membership in, as subject of taxation. 50 
 
 L.R.A. (N.S.) 255. 
 Kight to subsidize enterprises. L.R.A.1916B, 
 
 1009. 
 
 BOAT LIVERY. 
 
 Duty and liability of owner of boat livery. 
 L.R.A.1917F, 860. 
 
 BODILY INJURIES. 
 
 See PERSONAL INJURIES. 
 
 BODY EXECUTION. 
 
 See EXECUTION, 18. 
 
 BOHEMIAN OATS. 
 
 Failure of executory consideration for note 
 given for Bohemian oats as affect ing 
 purchaser with knowledge of the char- 
 acter of the consideration. 46 L.R.A. 
 (N.S.) 873. 
 
 BOILER. 
 
 Nondelegability of duty to protect servants 
 
 from defects in. 54 L.R.A. 80. 
 Duty of master to inspect steam boiler. 
 
 41 L.R.A. 87. 
 Master's right to rely on inspection of, by 
 
 public authorities. 15 L.R.A.(N.S.) 
 
 812. 
 
 BOILER SHOPS. 
 
 Landlord's liability to third person as to 
 condition of. 26 L.R.A. 201. 
 
 BOLT. 
 
 Master's liability for injuries sustained by 
 servant from falling over bolt project- 
 ing from floor. 19 L.R.A. (N.S.) 242. 
 
 BOMB. 
 
 Liability for injury caused by placing or ex- 
 
 ploding, in highways. 
 759. 
 
 3 L.R.A. (N.S.) 
 
 BOMB cont'd 
 
 Liability for injury to children from bombs 
 
 left accessible to them. 14 L.R.A. 
 
 (N.S.) 586. 
 As dangerous agency for injury hy which, 
 
 when used by servant, master ie liable. 
 
 10 L.R.A.(N.S.) 378, 397. 
 
 BOMBARDMENT. 
 
 Injury received by employee during bom- 
 bardment by a ship of the enemy as 
 within protection of the Workmen's 
 Compensation Act. L.R.A.1917D, 127. 
 
 Begin with this boofc on every law question. 
 
 BONA FIDE HOLDER. 
 
 1. Generally. 
 
 Of bill of lading, see BILLS OF LADING, 2. 
 Of bill or note, see BILLS AND NOTES, 
 
 38-42. 
 Of accommodation paper, see BILLS AND 
 
 NOTES, 76. 
 
 Of bonds, see BONDS, 23. 
 Of check, see CHECKS, 6. 
 Of land, see RECORDS AND RECORDING LAWS, 
 
 IV. b; VENDOR AND PURCHASER, IV. 
 Of personalty, see SALE, XI. f. 
 Liability for transferring note to, so as to 
 
 cut off defenses, see BILLS ANB NOTHS, 
 
 33. 
 Purchaser at judicial sale as, see JUBICIAL 
 
 SALE, 12. 
 Rights of, see BILLS AND NOTES, 38- 
 
 42; BONDS, 23; SALE, 71, 72. 
 
 Who is, within protection of statute of 
 frauds. 31 L.R.A. 612. 
 
 Who are bona fide purchasers against whom 
 reformation cannot be had. 98 L.R.A. 
 (N.S.) 910. 
 
 Lien acquired against, by service of notice 
 in supplementary proceedings. 3 
 L.R.A.(N.S.) 129. 
 
 Right of one leaving his chattels in an- 
 other's possession to claim title against 
 the latter's vendees. 25 L.R.A. (N.S.) 
 760. 
 
 Transferee of chattels in satisfaction of pre- 
 existing debt, as a bona fide purchaser 
 as against original vendor, from whom 
 they were fraudulently obtained by 
 transferrer. 35 L.R.A. (N.S.) 1174. 
 
 Rights of bona fide purchasers front execu- 
 tor or administrator purchasing at kis 
 own sale. L.R.A.1918B, 41. 
 
 Right of bona fide purchaser from veadee 
 of goods sold for cash but delivered 
 without payment. 13 L.R.A. (N.S.) 
 697, 700. 
 
 Effect of claim of, on liability f ne who 
 signs contract by adding words indicat- 
 ing representative capacity t his sig- 
 nature. 42 L.R.A. (N.S.) 10. 
 
 Right of boim fide holder of claim to take 
 advantage of champerty. 35 L.R.A. 
 (N.S.) 519. 
 
 Burden of proof as to bona fides of sub- 
 vendee from fraudulent purchaser of 
 chattels. 8 L.R.A. (N.S.) 448.
 
 INDEX TO L.R.A. NOTES. 
 
 119 
 
 BONA FIDE HOLDER cont'd 
 
 Burden of proof as to bona fides of trans- 
 feree of warehouse receipts for prop- 
 erty secured by fraud. 10 L.R.A. (N.S.) 
 801. 
 
 Right of purchaser of, or creditors levying 
 on, goods sold for cash but delivered 
 without payment. 47 L.R.A. (N.S.) 
 173. 
 
 2. Of corporate stock. 
 
 Of bonus stock. 38 L.R.A. 494. 
 
 Who entitled to protection as bona fide 
 purchasers of fraudulent or forged 
 issue of stock. 19 L.R.A. 332. 
 
 Liability of bona fide purchaser of corpo- 
 rate stock on unpaid subscription. 30 
 L.R.A.(N.S.) 286. 
 
 Effect of putting non-negotiable paper or 
 securities indorsed in blank into an- 
 other's possession to estop owner as 
 against purchaser in good faith. 29 
 L.R.A.(N.S.) 254. 
 
 BONA FIDE RESIDENCE. 
 
 Of children entitling them to privileges of 
 public schools. 26 L.R.A. 581; 51 
 L.R.A.(N.S.) 234. 
 
 BOND FOR TITLE. 
 
 Executory contracts for sale of real prop- 
 erty, generally, see VENDOR AND PUB- 
 CHASER, I. 
 
 Form of judgment on. 62 L.R.A. 454. 
 
 Continsrp^y of claim against sureties on. 
 58 L.R.A. 86. 
 
 Failure of consideration as ground for in- 
 junction against judgment on. 31 
 L.R.A. 751. 
 
 Injrriction against collection of purchase 
 money where title to land is defective 
 and purchaser holds by title bond. 7 
 L.R.A. (N.S.) 449. 
 
 Right of person holding, to maintain bill 
 against third person to remove cloud. 
 15 L.R.A.(N.R.) 413. 
 
 Effect of, to defeat unconditional and sole 
 ownership of insured. 2 L.R.A. (N.S.) 
 512. 
 
 Right of purchaser under title bond in pos- 
 session to question grantor's right to 
 collect purchase money on failure of 
 consideration. 21 L.R.A. (N.S.) 380. 
 
 May one who takes a bond for conveyance 
 of property from a third person to 
 defraud the creditors of another who 
 had the legal title to the property, btit 
 reported it to be in such third person, 
 invoke the doctrine of estoppel against 
 him. 13 L.R.A. (N.S.) 1118. 
 
 BONDHOLDERS. 
 
 34, 
 
 Rights of. generally, see MORTGAGES, 
 
 68. 72.' 
 Consult also L.R.A. Digests of Cases. 
 
 BONDHOLDERS cont'd 
 
 Duty of corporate promoters to. 25 L.R.A. 
 
 '99. 
 Rights of, on unauthorized consolidation of 
 
 corporations. 52 L.R.A. 390. 
 
 BONDS. 
 
 I. In general, 1-5. 
 II. For indemnity and security, 6- 
 
 16. 
 
 a. In general, 6-8. 
 . ft. Contractor's bond, 9-1O. 
 
 c. For fidelity of employees or 
 
 corporate officers, 11. 
 
 d. Of public officers, 12-15. 
 e..Of public depofitary, 16. 
 
 III. Commercial, government, and 
 municipal "bonds, 17-27. 
 
 I. In general. 
 
 1. Generally. 
 
 Extent of recovery on, see DAMAGES, 27- 
 29. 
 
 Estoppel by, see ESTOPPEL, II. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 99. 
 
 Interest on, see INTEREST, 3. 
 
 Sale of bonds given as collateral, see PLEDGE 
 AND COLLATERAL SECURITY, 12. 
 
 Plaintiff's pleadings in action on, see PLEAD- 
 ING, 21. 
 
 For general principles with respect to 
 principal and sureties, see PRINCIPAL 
 AND SURETY. 
 
 Release of sureties on, generally, see PRIN- 
 CIPAL AND SURETY, 10-18. 
 
 Trustee's liability on, see TRUSTS, 29. 
 
 Validity of bond executed by an infant. 
 6 B. R. C. 115. 
 
 Difference between bond and mortgage af- 
 fecting maturity. 46 L.R.A. (N.S.) 475. 
 
 Admissibility of parol evidence to vary con- 
 tract in favor of or asrainst a stranger 
 to the contract. L.R.A.1916A, 601, 612. 
 
 As subject of gift. 26 L.R.A. 308. 
 
 Removal for separable controversy of ac- 
 tion on. 5 L.R.A.(N.S.) 92. 
 
 Addition of name of attesting witness to, 
 as an alteration. 24 L.R.A. (N.S.) 
 1155. 
 
 Presumption as to time of alteration in. 
 39 L.R.A.(N.S.) 108. 
 
 Relief from mistake of law as to effect of. 
 
 28 L.R.A. (N.S.) 804, 828. 
 Necessity of notice of default to bind guar- 
 antor of bond. 20 L.R.A. 258. 
 
 Contingency of claim on, as affecting lim- 
 itation of time for presentation against 
 estate. 58 L.R.A. 86. 
 
 Who is real party in interest by whom ac- 
 tion must be brought. 64 L.R.A. 599. 
 
 Effect of putting bond indorsed in blank 
 in possession of another to estop own- 
 er as against purchaser in good faith. 
 
 29 L.R.A.(N.S.) 256. 
 
 Liability for failure to forward bonded 
 merchandise. 4 L.R.A.(N.S.) 1060.
 
 120 
 
 INDEX TO L.R.A. NOTES. 
 
 BONDS, I. cont'd 
 2. Execution. 
 
 il bond, see BAIL AND RECOGNIZANCE, 4. 
 
 Signing by proxy. 22 L.R.A. 297. 
 Guaranty by surety of other signatures. 
 
 49 L.R.A. 316. 
 Effect of failure of sureties to justify where 
 
 replevin bond has served its purpose. 
 
 29 L.R.A.(N.S.) 751. 
 Subscribing one's name under word "surety" 
 
 in written contract as satisfying stat- 
 
 ute of frauds. 23 L.R.A. (N.S.) 115)7. 
 Validity of mortgage given to secure im- 
 
 perfectly executed bond. 44 L.R.A. 
 
 (N.S.) 1153. 
 
 8. .failure of principal obligor to 
 sign. 
 
 Nature of surety's engagement. 12 L.R.A. 
 
 (N.S.) 1106. 
 When principal is independently bound. 12 
 
 L.R.A.(N.S.) 1106. 
 Effect of form of obligation. 12 L.R.A. 
 
 1118. 
 Completion after delivery. 12 L.R.A. (N.S.) 
 
 1119. 
 Signatory's intent in executing bond. 12 
 
 L.R.A.(N.S.) 1119. 
 Pleading. 12 L.R.A. (N.S.) 1122. 
 What is a sufficient execution by principal. 
 
 12 L.R.A.(N.S.) 1123. 
 
 Effect of principal's signing or omitting to 
 sign replevin bond which has served 
 its purpose. 29 L.R.A. (N.S.) 750. 
 
 3a. Failure to secure all sureties 
 agreed on. 
 
 Execution on condition that other shall 
 
 sign. 45 L.R.A. 321. 
 Breach of promise to surety as to getting 
 
 other sureties. 45 L.R.A. 321. 
 Effect of insufficient number of sureties 
 
 on replevin bond which has served its 
 
 purpose. 29 L.R.A. (N.S.) 750. 
 
 3h. Withdrawal of surety. 
 
 Liability for causing withdrawal of sure- 
 ty from bond. 42 L.R.A.(N.S.) 388. 
 
 4. Necessity for giving. 
 
 Power of surety company to act as guar- 
 
 dian, etc.,- without bond. 48 L.R.A. 
 
 589. 
 Right to require legatee of life interest in 
 
 money or its equivalent to give secu- 
 
 rity for benefit of remaindermen. 23 
 
 L.R.A.(N.S.) 716. 
 
 5. Form of judgment on penal bonds. 
 
 I'nder English statutes and decisions. 62 
 
 'L.R.A. 427. 
 Under statutes and decisions in the United 
 
 States. 62 L.R.A. 433. 
 Effect of improper form. 62 L.R.A. 455. 
 
 11. For indemnity and security. 
 a. In general. 
 
 6. Generally. 
 
 Bottomry bond, see BOTTOMRY. 
 Extent of recovery on, see DAMAGES, III. 
 b, 2. 
 
 lief/in reith this ItooTc on every law question. 
 
 BONDS, II. a cont'd 
 
 As to liquor dealer's bonds, see INTOXICAT- 
 
 ]\<i LIQUORS, *17, 18. 
 Holders of bond secured by mortgage, see 
 
 MORTGAGE, 34. 
 Bonds of receiver, see RECEIVERS, 10. 
 
 Joinder of parties in action on bond with 
 alternative allegations as to liability. 
 51 L.R.A. (N.S.) 640. 
 
 When statute begins to run against action 
 by private person based on breach of 
 duty by public officer in taking invalid 
 or insufficient bond. 52 L.R.A. (N.S.) 
 701). 
 
 Penalty as limit of liability on. 55 L.R.A. 
 394. 
 
 Average bond; jurisdiction of admiralty as 
 to. 66 L.R.A. 235. 
 
 Form of judgment on indemnity bond. 62 
 L.R.A. 446. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Effect of insertion of unauthorized provi- 
 sions in a bond required by statute. 
 L.R.A.1917B, 990. 
 
 Validity of bond executed by infant. 6 B. 
 B. C. 115. 
 
 Validity and effect of indemnity bond exe- 
 cuted under tmconstitutional statute. 
 L.R.A.1918C, 834. 
 
 Validity and enforceability of bond to one 
 spouse, conditioned for maintenance of 
 family relation or proper conduct of 
 other spouse. L.R.A.1917D, 445. 
 
 Exacting bond for production of child as 
 condition of awarding custody to one 
 parent as against other. L.R.A.1915A, 
 576. 
 
 Right to require bond of one operating jit- 
 ney bus. L.R.A.1915F, 842; L.R.A. 
 1916B, 1158; L.R.A.1918B, 914; L.R.A. 
 1918F, 475. 
 
 Of owner of public ferry. 68 L.R.A. 160. 
 
 Effect upon lien of mortgage of entry of 
 judgment upon bonds secured thereby. 
 24 L.R.A.(N.S.) 1095. 
 
 Effect on surety of judgment against princi- 
 pal. 40 L.R.A.(N.S.) 723; L.R.A. 
 1918E, 814. 
 
 Injunction against enforcing marriage brok- 
 erage bonds. 48 L.R.A. 843. 
 
 Warehouseman's bond. L.R.A.1918E, 235. 
 
 7. Of person acting in representative 
 capacity. 
 
 Of assignee for creditors, see ASSIGNMENT 
 
 FOB CREDITORS, 13. 
 Of personal representative, see EXECUTORS 
 
 AND ADMINISTRATORS, 11, 26, 27. 
 Of guardian, see GUARDIAN AND WARD, 
 
 H-13. 
 
 8. In legal proceedings. 
 
 On appeal, see APPEAL AND ERROR, 16, 17, 
 46. 
 
 As to attachment bonds, see ATTACHMENT, 
 17. 
 
 As to bail bonds, see BAIL AND RECOGNI- 
 ZANCE. 
 
 In bastardy proceedings, see BASTARDY, 5. 
 
 In certiorari proceedings, see CEBTIORARI, 
 5.
 
 INDEX TO L.R.A. NOTES. 
 
 121 
 
 BONDS, II. a cont'd 
 
 Forthcoming bond, see FORTHCOMING BOND. 
 
 Injunction bonds, see INJUNCTION, 85- 
 
 87. 
 On removal of cause to Federal court, see 
 
 REMOVAL OF CAUSES, 15. 
 In replevin, see REPLEVIN, 12, 13. 
 
 Filing bond to secure release of property as 
 an appearance. L.R.A.1916F, 587. 
 
 Liability of sureties on bond in judicial pro- 
 ceedings, where judgment is in favor of 
 one principal and against another. 51 
 L.R.A.(N.S.) 655. 
 
 What constitutes breach on ne exeat bond. 
 20 L.R.A.(N.S.) 76. 
 
 Who is real party in interest by whom ac- 
 tion must be brought on bond given 
 in judicial or other proceedings. 64 
 L.R.A. 605. 
 
 What conduct will work a forfeiture of a 
 peace bond. 40 L.R.A.(N.S.) 186. 
 
 b. Contractor's bond. 
 
 9. Generally. 
 
 Efl'ect of insertion of unauthorized provi- 
 sions in. L.R.A.1917B, 990. 
 Contractor's bond for the payment of claims 
 for labor and material as a contract of 
 indemnity against liability, or against 
 loss. L.R.A.1918D, 1074. 
 Right of citizen to enforce contractor's bond 
 taken for benefit of public. 49 L.R.A. 
 (N.S.) 1175. 
 Penalty as limit of liability on. 55 L.R.A. 
 
 593. 
 Condition against taking effect until signed 
 
 by others. 45 L.R.A. 332. 
 Discretion as to bond of bidder for public 
 
 contract. 38 L.R.A.(N.S.) 664. 
 Release of surety on building contractor's 
 bond by making payments not author- 
 ized by the contract. 5 L.R.A.(N.S.) 
 418; L.R.A.1915B, 407. 
 Right of surety on contractor's bond as 
 against assignee of fund. L.R.A. 
 1918D, 736. 
 
 Sureties who perform contract on 
 abandonment by contractor. 14 
 L.R.A.(N.S.) 457; L.R.A.1918A, 
 937. 
 
 Right of surety upon contractor's bond to 
 have payments made by contractor ap- 
 plied to the contract. L.R.A.1917C, 
 637. 
 
 Liability of public for failure to take bond, 
 or for taking insufficient bond, from 
 contractor, conditioned for pay- 
 ment of claims of subcontractors, 
 materialmen, and laborers. L.R.A. 
 1915F, 629. 
 
 Liability upon contractor's bond which 
 undertakes to indemnify owner against 
 liability for injuries to employees, 
 where the injury is due to owner's 
 negligence. 11 L.R.A. (N.S.) 1173. 
 Consult also L.R.A. Digests of Cases. 
 
 BONDS, II. b cont'd 
 
 Does bond of -highway contractor cover per- 
 sonal injuries to members of public. 
 34 L.R.A. (N.S.) 152. 
 
 Renewal of contract under option as extend- 
 ing the undertaking of a surety for 
 the performance of the contract. 41 
 L.R.A.(N.S.) 422. 
 
 10. L/iability for labor and materials. 
 
 Constitutionality of statute requiring bond 
 to protect laborers and materialmen 
 upon entering into a building contract. 
 L.R.A.1918A, 1199. 
 
 Contractor's bonds as substitutes for me- 
 chanics' liens. 27 L.R.A. (N.S.) 579. 
 
 Does building contractor's bond indemnify 
 owner against mechanics' liens, when 
 not expressly mentioned. 24 L.R.A. 
 (N.S.) 1075. 
 
 Right of subcontractor, materialman, or la- 
 borer to maintain action on bond taken 
 for benefit of public. 49 L.R.A. (N.S.) 
 1175. 
 
 Right of subcontractor, materialman, or 
 laborer to maintain action on contract- 
 or's bond to owner. 27 L.R.A. (N.S.) 
 573; L.R.A.1915A, 768. 
 
 Applicability to public bodies of statute re- 
 quiring building, contractor's bond for 
 protection of subcontractors, laborers, 
 etc. 50 L.R.A. (N.S.) 469. 
 
 Implied power to incorporate in contract- 
 or's bond a requirement that the con- 
 tractor shall pay laborers and material- 
 men. 11 L.R.A.(N.S.) 1028; 46 L.R.A. 
 (N.S.) 325. 
 
 Liability of public for failure to take bond 
 ' or for taking insufficient bond from con- 
 tractor conditioned for payment of 
 claims of subcontractors, materialmen 
 and laborers. L.R.A.1915F, 629. 
 
 Personal liability of public officer for failure 
 to take bond, or for taking insufficient 
 bond, from contractor, conditioned for 
 payment of claims of subcontractors, 
 materialmen, and laborers. 49 L.R.A. 
 (N.S.) 1199. 
 
 Liability of sureties on contractor's bond to 
 laborers or materialmen not entitled to 
 a lien, when bond is conditioned against 
 liens or claims. 9 L.R.A.(N.S.) 889. 
 
 Effect of invalidity of contract for public 
 work upon the liability of the contract- 
 or's bondsmen for material, etc., fur- 
 nished in carrying out the contract. 
 13 L.R.A.(N.S.) 793. 
 
 Effect of surrender or discharge, by owner 
 of property, of bond given by contractor 
 conditioned for the payment of ma- 
 terialmen and laborers upon the right 
 of the latter to recover thereon. 18 
 L.R.A. (N.S.) 455. 
 
 Nature of labor or materials which will 
 support an action upon a contrac- 
 tor's bond. 43 L.R.A. (N.S.) 162; 
 L.R.A.1915F, 951. 
 
 Liability on contractor's bond for labor or 
 material employed in the work, but not 
 by order of the principal. 43 L.R.A. 
 (N.S.) 65.
 
 122 
 
 INDEX TO L.R.A. NOTES. 
 
 BONDS, II. cont'd. 
 
 <?. For 
 
 fidelity of employees 
 porate officers. 
 
 11. Generally. 
 
 Effect of insertion of unauthorized provi- 
 sions in. L.R.A.1917B, 990. 
 
 Guaranty of fidelity of employees as in- 
 surance. 47 L.R.A.(N.S.) 294. 
 
 Discharge of surety on fidelity obligation 
 by failure of employer to discover de- 
 linquency or to notify surety thereof 
 within the time specified in the obliga- 
 tion. L.R.A.1916F, 715. 
 
 Failure of foreign corporation to comply 
 with conditions of doing business in 
 the state as defense to action by it on 
 bond of officer or agent. L.R.A.1916A, 
 649. 
 
 Condition against taking effect until signed 
 by others. 45 L.R.A. 333. 
 
 Liability of surety in case of fraud of 
 obligee. 21 L.R.A. 412. 
 
 Duty, of obligee in fidelity bond to disclose 
 prior defalcation to sureties in the ab- 
 sence of any inquiry in regard thereto. 
 12 L.R.A. (N.S.) 247. 
 
 Right of beneficiary in bond insuring fidelity 
 of officer or employee to repudiate au- 
 thority of person who made the repre- 
 sentations in reliance upon which the 
 bond was issued. 7'L.R.A.(N.S.) 549. 
 
 What constitutes a verification of accounts 
 as required by fidelity bond or contract. 
 10 L.R.A.(N.S.) 323. 
 
 Effect upon bond conditioned for fidelity 
 of employee or agent, of a change in 
 the latter's field of operation or the 
 nature of his duties. 28 L.R.A.(N.S.) 
 463; 36 L.R.A. (N.S.) 1152. 
 
 Liability of surety under fidelity bond for 
 defalcation subsequent to a reappoint- 
 ment of the officer or employee, made 
 before expiration of the original term, 
 or during an indefinite term. 11 L.R.A. 
 (N.S.) 493. 
 
 Character of and rules governing contracts 
 by corporations engaged for profit in 
 business of guarantying the fidelity or 
 contracts of other persons. 33 L.R.A. 
 (N.S.) 513. 
 
 Admissibility against sureties on bond of 
 statements by principal after expira- 
 tion of term of employment. 40 L.R.A 
 (N.S.) 662. 
 
 d. Of public officers. 
 12. Generally. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 51a. 
 
 Liability of officers, generally, see OFFI- 
 CERS, 38-42. 
 
 Failure of officer to give proper bond as af- 
 fecting his status as a de facto officer 
 L.R.A.1918B, 1124. 
 
 Liability of judicial officer for taking in- 
 sufficient bond from sheriff. 44 LR A 
 (X.S.) 175. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond. L.R.A.1917B, 990. 
 
 BONDS, II. d cont'd 
 
 Right of sureties of public officer who made 
 good a loss occasioned by their princi- 
 pal's default or misconduct, to be sub- 
 rogated to the rights of the pledgee or 
 beneficiary of the bond against a third 
 person. 46 L.R.A. (N.S.) 557. 
 
 Liability upon bond given by public officer 
 from whom no bond is required. 50 
 L.R.A. (N.S.) 1060. 
 
 Penalty as limit of liability on bonds of 
 public officers generally. 55 L.R.A. 
 393. 
 
 Condition against taking effect until signed 
 by others. 45 L.R.A. 335. 
 
 Effect of delivery of official bond unsigned 
 by principal obligor. 12 L.R.A.(N.S.) 
 1108. 
 
 Form of judgment on. 62 L.R.A. 448. 
 
 Vacancy in office by failure to file bond 
 within time prescribed. 16 L.R.A. 140. 
 
 Liability of surety in case of fraud of 
 obligee. 21 L.R.A. 413. 
 
 Exemption of homestead from liability en. 
 24 L.R.A. 790. 
 
 Who is real party in interest by whom ac- 
 tion on bond must be brought. 64 
 L.R.A. 607. 
 
 May a bond of public official, intended as a 
 statutory bond, but not binding as 
 such, be enforced as a common-law 
 bond. 21 L.R.A.(N.S.) 766. 
 
 Right of sureties who have made good a 
 loss occasioned by their principal's de- 
 fault or misconduct, to be surrogated 
 to the rights of the obligee or benefici- 
 ary of the bond against a third person. 
 14 L.R.A.(N.S.) 155. 
 
 Right to interest on official bonds. 28 
 L.R.A.(N.S.) 11. 
 
 Liability of bond of public officer for inter- 
 est received on public money. 30 L.R.A. 
 (N.S.) 855. 
 
 Admissibility against sureties of statements 
 by principal after expiration of term 
 of office. 40 L.R.A.(N.S.) 662. 
 
 Effect on surety of judgment against princi- 
 
 pal. 52 L.R.A. 
 704, 732. 
 
 165; 40 L.R.A.(N.S.) 
 
 with this book on every law question. 
 
 13. For what liable. 
 
 Liability for false imprisonment, see FALSE 
 IMPBISONMENT, 8. 
 
 Suits on official bonds for trespasses or un- 
 authorized acts of officer done 
 colore officii. 21 L.R.A. 738. 
 
 Liability on official bond for making arrest. 
 51 L.R.A. 222; 33 L.R.A. (N.S.) 275. 
 
 Liability on bond of peace officer for shoot- 
 ing a person while attempting to arrest 
 him. 51 L.R.A.(N.S.) 1179. 
 
 Liability of sureties on the bond of a peace 
 officer for the death of a person due to 
 the act or default of the principal or 
 one of his deputies. 11 L.R.A.(N.S.) 
 758. 
 
 Liability of sureties on bond of peace of- 
 ficer for latter's act in killing or injur- 
 ing one person while attempting to exe- 
 cute criminal process against another. 
 29 L.R.A.(N.S.) 463.
 
 INDEX TO L.R.A. NOTES. 
 
 BONDS, II. d cont'd 
 
 Liability of sureties on constable's bond for 
 assault made in serving or executing 
 eivil writ or process. 8 L.R.A. (N.S.) 
 1223. 
 
 Liability of bondsmen of peace officer for 
 acts of latter in respect of property 
 taken from prisoner. 37 L.R.A. (N.S.) 
 873. 
 
 Liability of officer's bond for failure to 
 return money deposited to avoid exe- 
 cution of writ. 39 L.R.A. (N.S.) 577. 
 
 Liability on official bond for loss of money 
 by theft or bank failure. 22 L.R.A. 
 449. 
 
 Liability on bond of public officer for inter- 
 est received by him on public money. 
 L.R.A.1918B, 811. 
 
 Liability of public officer's bondsmen to pub- 
 lic corporation for r^oney received or 
 collected by him without authority. 
 L.R.A.1918C, 397. 
 
 Liability of a postmaster or his sureties for 
 illegal acts done in accordance with di- 
 rections of a superior officer. 24 L.R.A. 
 (N.S.) 309. 
 
 Liability of sureties on bonds for lost or 
 stolen mail. L.R.A.1915A, 379. 
 
 Liability of public officer to sureties of an- 
 other public officer for loss sustained 
 by them through former's neglect to 
 require proper settlement of accounts. 
 28 L.R.A.(N.S.) 115. 
 
 Liability of tax officers or their bond for 
 failure of tax purchaser's title on 
 account of irregularities in pro- 
 cedure. 41 L.R.A.(N.S.) 967. 
 Constitutionality of statute releasing pub- 
 lic officer or his surety from liability 
 for loss of public fund. 41 L.R.A. 
 (N.&.) 97. 
 
 Liability on official bond for improperly is- 
 suing marriage license or performing 
 marriage ceremony. L.R.A.1917E, 868 
 
 14. liability for acts before or 
 after term. 
 
 Liability of sureties on bond of public offi- 
 cer for default of principal during prior 
 term. 23 L.R.A.(N.S.) 131. 
 Extension of liability on official bond while 
 officer is holding over after expir- 
 ation of regular term. 35 L.R.A. 
 88. 
 
 5 15. Effect against surety of judgment 
 against officer. 
 
 Effect against surety of judgment against 
 officer. 52 L.R.A. 165; 40 L.R.A. (N.S.) 
 704; L.R.A.1918E, 816. 
 
 e. Of public depositary. 
 
 16. Generally. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 61a. 
 
 Liability of sureties on bond of bank as 
 depository of public funds as affected 
 by acquiescence or connivance of pub- 
 lic officials in misuse of the funds. 26 
 L.R.A. (N.S.) 865. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BONDS cont'd 
 
 III. Commercial, government, and mu- 
 nicipal bonds. 
 
 17. Generally. 
 
 Estoppel to deny validity of bond, see Es- C 
 
 TOPPEL, 2. 
 Liability to levy, see LEVY AND SEIZURE, 
 
 3. 
 Rights of life tenant as to, see LIFE TENANT, 
 
 6. 
 Holders of bonds secured by mortgage, see 
 
 MORTGAGE, 34, 68, 72. 
 Of school (! trict, see SCHOOLS, 34. 
 Investments by trustee in government, i 
 
 municipal, or corporate bonds, see 
 
 TRUSTS, 26a. 
 Bequest of bonds, see WILLS, 128. 
 
 Bequest of bonds as general or specific. 11 
 L.R.A. (N.S.) 49. 
 
 Stock as bonus to purchasers of bonds. 38 
 L.R.A. 493. 
 
 Specific performance of contract as to. 
 L.R.A.1918E, 628. 
 
 Ratification by public corporation of bonds 
 illegally issued. L.R.A.1915A, 1023. 
 
 Mandamus to compel issuance of bonds of ^ 
 municipality or other public corpora- 
 tion. L.R.A.1918C, 414. 
 
 Refunding bonds as indebtedness within \^- 
 meaning of debt limit provisions. 
 L.R.A.1917E, 451. 
 
 Constitutionality of Blue Sky Laws. L.R.A. 
 1917F, 524. 
 
 Right of railroad company to guarantee the 
 bonds of another railroad company. 
 L.R.A.1918D, 175, 
 
 Liability of agent to true owner for selling 
 or disposing of bonds or coupons in- 
 trusted to him by his principal. 50 
 L.R.A. (N.S.) 58. 
 
 Amortization of amounts paid for discount 
 and premiums upon bond issues in esti- 
 mating return of a public service cor- 
 poration for rate-making purposes. 52 
 L.R.A.(N.S.) 50. 
 
 Exercise of option to retire, before ma- \/ 
 turity as stopping interest. 43 L.R.A. 
 (N.S.) 1146. 
 
 Application to suit on bond of statute or 
 ordinance requiring notice or presenta- 1 ' 
 tion of claim as a condition of mu- 
 nicipal liability. 50 L.R.A. (N.S.) 188. 
 
 Measure of damages for conversion of 
 pledged bonds by invalid sale. 43 
 L.R.A. 768. 
 
 Statutes legalizing or validating municipal *^, 
 bonds. 27 L.R.A. 607. 
 
 Holders as necessary parties to proceed-^ 
 ings to invalidate municipal bonds. 3 
 L.R.A.(N.S.) 256. 
 
 Corporate bonds as subject of attachment X' 
 as tangible property. 36 L.R.A. (N.S.) 
 421. 
 
 Right of taxpayer, in absence of statute, *" 
 to enjoin issuance or payment of mu- 
 nicipal bonds. 36 L.R.A."(N.S.) 3. 
 
 Respective rights of life tenant and re- 
 mainderman in distributions by corpo- 
 ration in form of bonds of declaring 
 corporation. 12 L.R.A. (N.S.) 812.
 
 124 
 
 INDEX TO L.R.A. NOTES. 
 
 BONDS, III. cont'd 
 
 Refunding bonds as indebtedness within 
 
 meaning of debt limit provisions. 37 
 
 L.R.A.(N.S.) 1099. 
 Proof of, under bankruptcy act. 54 L.R.A. 
 
 373. 
 
 Liability of government or other public 
 body for its own obligations, stolen 
 from it. 39 L.R.A.(N.S.) 444. 
 Federal courts following state decisions as 
 
 to municipal and county bonds. 40 
 
 L.R.A.(N.S.) 407. 
 
 19. For what purpose. 
 
 Object or purposes that may be combined 
 in a single question as to the issuance 
 of bonds submitted to voters of a mu- 
 nicipality. 26 L.R.A.(N.S.) 665. 
 
 Issue of bonds in payment of municipal 
 waterworks. 61 L.R.A. 49. 
 
 20. aid to railroad. 
 
 Railroad's failure to comply with conditions 
 on which railroad aid bonds were issued 
 as a defense to them in hands of bona 
 fide purchaser. 19 L.R.A.(N.S.) 849. 
 
 Power to authorize county or other political 
 division to acquire or operate railroad 
 or street railway as affected by restric- 
 tion on power to aid private enter- 
 prises. 28 L.R.A.(N.S.) 412. 
 
 Right of taxpayer, in absence of stat- 
 ute, to enjoin issuance or payment of 
 railroad aid bonds by municipality. 36 
 L.R.A.(N.S.) 3. 
 
 21. Majority essential to issuance of. 
 
 On what basis majority essential to adop- 
 tion of proposition for issuing munici- 
 pal bonds is to be computed. 22 L.R.A. 
 (N.S.) 478. 
 
 22. Conditions and regulations of 
 issuance. 
 
 Accrued interest as part of par value with- 
 in prohibition against sale of bonds at 
 less than par. 35 L.R.A.(N.S.) 789. 
 
 Issuance of bonds at less than par as usury. 
 35 L.R.A.(N.S.) 1106. 
 
 Payment of commissions for sales of bonds 
 as violating requirement that bonds 
 shall not be sold for less than par. 39 
 L.R.A.(N.S.) 248. 
 
 Failure of railroad to comply with condi- 
 tions on which railroad aid bonds were 
 issued as a defense to them in hands of 
 of a bona fide holder. 19 L.R.A.(N.S.) 
 849. 
 
 Payable in gold coin. 29 L.R.A. 522. 
 
 Power and duty of public authorities to 
 control the issuance of securities by 
 public service corporations. 45 L.R.A. 
 (N.S.) 629; 47 L.R.A.(N.S.) 1167. 
 
 May a corporation issue bonds in payment 
 of, or as security for, its antecedent 
 debts, under statute prohibiting issue 
 except for money, labor done, or proper- 
 ty actually received. L.R.A.1916E, 570. 
 
 23. Rights of bona fide holders. 
 
 Effect of putting bond indorsed in blank 
 into another's possession to estop owner 
 as against purchaser in good faith. 29 
 L.R.A.(N.S.) 256. 
 
 BONDS, III. cont'd 
 
 Estoppel to deny validity of bonds. L.R.A. 
 1915A, 976. 
 
 Rights and remedies where bonds of a pub- 
 lic corporation are invalid. L.R.A. 
 1915A, 004. 
 
 Failure of railroad to comply with condi- 
 tions on which railroad aid bonds were 
 issued as a defense to them in hands o'f 
 bona fide holder. 19 L.R.A. (N.S.) 849. 
 
 24. Pledgee's authority to sell. 
 
 See PLEDGE AND COLLATERAL SECURITY, 12. 
 
 25. Actions and defenses. 
 
 Estoppel by bond, see ESTOPPEL, 2, 3. 
 Right of holder of past-due corporate bonds 
 or coupons to maintain action at 
 law thereon as affected by provi- 
 sions of trust deed authorizing pro- 
 ceedings by trustee. 49 L.R.A. 
 (N.S.) 155. 
 Right of bondholder to sue for enforcement 
 
 of trust deed. 20 L.R.A. 535. 
 When limitation begins to run against ac- 
 tion on municipal bonds representing 
 funded indebtedness. 16 L.R.A. (N.S.) 
 803. 
 
 Defense against negotiable bonds trans- 
 ferred after maturity. 46 L.R.A. 810. 
 Failure of railroad to comply with condi- 
 tions on which railroad aid bonds were 
 issued as a defense to them in hands 
 of bona fide holder. 19 L.R.A. (N.S.) 
 849. 
 
 26. Taxation of. 
 
 Taxation of, generally, see TAXES, 23. 
 
 Applicability of general tax exemptions to 
 inheritance or succession tax on United 
 States bonds. 23 L.R.A. (N.S.) 1208. 
 
 Mandatory injunction to compel reception 
 of coupons for taxes. 20 L.R.A. 167. 
 
 27. Coupons. 
 
 Liability of county on. 17 L.R.A. (N.S.) 
 556. 
 
 Validity of agreement to pay interest on 
 interest coupons. 33 L.R.A. (N.S.) 296. 
 
 Mandatory injunction to compel reception 
 of coupons for taxes. 20 L.R.A. 167. 
 
 Right of detached coupons to benefit of 
 mortgage securing bonds. 43 L.R.A. 
 (N.S.) 82. 
 
 Right of holder of past-due coupons to 
 maintain action at law thereon as af- 
 fected by provisions of trust deed 
 authorizing proceedings by trustee. 49 
 L.R.A.(N.S.) 155. 
 
 BONUS. 
 
 Stock, see CORPORATIONS, 68. 
 
 To secure location of county seat, as brib- 
 ery. 15 L.R.A. 501. 
 Right of directors to vote bonus to officers 
 
 Begin icith t7iis book on every law question. 
 
 as compensation for services. 
 1915D, 632. 
 
 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 125 
 
 BONUS cont'd 
 
 Secret bonus to officer or director of corpora- 
 tion as affecting right to enforce con- 
 tract against corporation. 7 L.R.A. 
 (N.S.) 467. 
 
 Liability of promoters of corporation to 
 bonus givers. 18 L.R.A. (N.S.) 1119. 
 
 Trustee's right to retain bonus received 
 from third person. 37 L.R.A. (N.S.) 
 923. 
 
 Agreements for commissions, bonuses, etc., 
 in favor of mortgagee as clogs on equity 
 of redemption. 6 B. R. C. 442 
 
 Payment of bonus by stranger as usury. 
 L.R.A.1917F/923. 
 
 Payment of illegal bonus for discharge of 
 mortgage pending foreclosure, as duress. 
 2 L.R.A.(N.S.) 574. 
 
 Right to service reward or bonus, of serv- 
 ant discharged without cause before 
 stipulated term of service. 44 L.R.A. 
 (N.S.) 1214. 
 
 Liability of one party to a contract or trans- 
 action to the other because of bonus 
 allowed by the former to the latter's 
 agent. 49 L.R.A. (N.S.) 101. 
 
 BOOK ACCOUNTS. 
 
 See ACCOUNTS. 
 
 BOOK CANVASSERS. 
 
 Book canvassers as peddlers or hawkers. 
 L.R.A.1916B, 1299. 
 
 BOOKKEEPER. 
 
 Attorney's implied power to bind client 
 for fees of. 23 L.R.A. (N.S.) 704. 
 
 Entries in account books by, as evidence. 
 52 L.R.A. 562, 593. 
 
 Admissibility, on testimony of bookkeeper, 
 of entries in party's books of account 
 based on oral or written statements 
 by others. 36 L.R.A. (N.S.) 899. 
 
 BOOKKEEPING. 
 
 Power to prescribe teaching of, in public 
 schools. 47 L.R.A. (N.S.) 202. 
 
 BOOKMAKING. 
 
 See GAMING, II. 
 
 BOOKS. 
 
 1. Generally. 
 
 Account books, see ACCOUNT BOOKS. 
 As to copyrights, see COPYRIGHTS. 
 Consult also L.R.A. Digests of Cases. 
 
 BOOKS cont'd 
 
 As evidence, see EVIDENCE, V. 
 
 Text-books, see SCHOOLS, 36. 
 
 Use of scientific and technical books by coun- 
 sel in arguing to jury. L.R.A.1918D, 
 81. 
 
 Sale of books upon school property or by 
 persons connected with schools. L.R.A. 
 191 5C, 624. 
 
 As baggage. 41 L.R.A.(N.S.) 371. 
 
 Common-law rights of authors and others 
 in intellectual productions. 51 L.R.A. 
 353; 43 L.R.A. (N.S.) 639. 
 
 What misrepresentation will afford ground 
 for rescinding a sale of books or a de- 
 fense to an action for their purchase 
 price. 22 L.R.A. (N.S.) 1210. 
 
 Right to fix retail price of book as inci- 
 dent of copyright. 15 L.R.A.(N.S.) 
 767. 
 
 Right of officer of corporation to refuse to 
 turn over books to a receiver upon the 
 ground that they have a tendency to 
 incriminate him. 30 L.R.A. (N.S.) 725. 
 
 2. Necessity for keeping. 
 
 Requirements of iron-safe clause in policy 
 as to, see INSUBANCE, 79. 
 
 Provision for keeping, in burglary insur- 
 ance policy. 46 L.R.A.(N.S.) 566. 
 
 Omission of bankrupt to keep books as 
 ground for refusing to discharge. 20 
 L.R.A.(N.S.) 246. 
 
 Right of bankrupt to discharge as affected 
 by act of partner or agent in failure 
 to keep, or concealment of, books. 20 
 L.R.A.(N.S.) 786. 
 
 
 
 3. Right to inspect. 
 
 Discovery and inspection of, see DISCOVERY 
 AND INSPECTION, 3, 4. 
 
 Corporate books, see CORPORATIONS, 99. 
 
 Books of municipality, see MUNICIPAL COR- 
 PORATIONS, 2. , 
 
 Public records, see RECORDS AND RECORDING 
 LAWS, 2. 
 
 Records of title, see RECORDS AND RECORD- 
 ING LAWS, 13. 
 
 Right to inspect books of public officers. 
 27 L.R.A. 83. 
 
 * 
 
 BOOKS OF ACCOUNT. 
 
 See ACCOUNT BOOKS. 
 
 BOOM. 
 
 For logs, see LOGS AND LOGGING, 9. 
 
 BOOT-BLACKING STAND. 
 
 As a place of public accommodation within 
 civil rights act. 9 L.R.A. (N.S.) 601.
 
 126 
 
 INDEX TO L.R.A. NOTES. 
 
 BOOTH. 
 
 Right of municipal corporation to place 
 polling booth in street. 4 L.R.A. (N.S.) 
 571. 
 
 BOROUGHS. 
 
 See MUNICIPAL CORPORATIONS. 
 
 BORROWING. 
 
 By municipality, see MUNICIPAL CORPORA- 
 TIONS, 61-67. 
 See also BAILMENT. 
 
 Authority of agent to borrow money for 
 principal. L.R.A.1916C, 112. 
 
 Implied power of partner to borrow money. 
 6 B. R. C. 819. 
 
 Withdrawal from loan association by bor- 
 rowing members. 35 L.R.A. 296; 49 
 L.R.A.(N.S.) 1137. 
 
 BOTTLES. 
 
 Applicability of rule res ipsa loquitor to 
 
 explosion of bottle. L.R.A.1916E, 1078. 
 Liability of master for injury to minor 
 
 servant by explosion of charged bottle. 
 
 35'L.R.A.(N.S.) 239. 
 Validity of regulations as to milk bottles. 
 
 33 L.R.A. (N.S.) 401; L.R.A.1917C, 252. 
 Legislation to protect manufacturers or 
 
 dealers against loss of bottles in which 
 
 their products are put up. 14 L.R.A. 
 
 (N.S.) 1128. 
 
 BOTTLE WASHING WORKS. 
 
 What is, within meaning of workmen's com- 
 pensation act. L.R.A.1916A, 202. 
 
 BOTTOMRY. 
 
 Jurisdiction of admiralty in case of. 66 
 L.R.A. 204, 233. 
 
 When bottomry bond will be upheld. 70 
 L.R.A. 364', 418. 
 
 Rights of lien holders as to captured prop- 
 erty. 5 B. R. C. 1002. 
 
 BOULEVARDS. 
 
 Prohibiting use of automobiles on. 1 L.R.A. 
 
 (N.R.) 221: L.R.A 1915E. 264. 
 Begin with this book on every law question. 
 
 BOUNDARIES. 
 
 /. Of states, 1-3. 
 II. Of private property, 4-9. 
 
 I. Of states. 
 
 1. Generally. 
 
 Of counties, see COUNTIES, 2, 8. 
 Of municipality, see MUNICIPAL CORPORA- 
 TIONS, IV. 
 Of school district, see SCHOOLS, 28. 
 
 Locality of crime committed by shooting or 
 striking across state boundary. 28 
 L.R.A. 59. 
 
 2. upon waters. 
 
 Jurisdiction over, see WATERS, 4-7. 
 
 Right to operate ferry on boundary wators. 
 59 L.R.A. 518; 52 L.R.A.(N.S.) 574; 
 L.R.A.1916D, 832. 
 
 2a. rivers and lakes. 
 
 Jurisdiction over, see WATERS, 5, 6. 
 Taxation of bridge over boundary river, see 
 TAXES, 44. 
 
 Rivers as state boundaries. 15 L.R.A. 187. 
 Lakes as state boundaries. 15 L.R.A. 187. 
 Lake Michigan as state boundary. i."> 
 
 L.R.A. 189. 
 Boundary of municipality on navigable 
 
 stream. 23 L.R.A. 520; 47 L.R.A. 
 
 (N.S.) 1161. 
 Change of channel as change of state 
 
 boundary. 39 L.R.A.(N.S.) 200. 
 
 3. Change of. 
 
 Change of boundary of municipality, see 
 MUNICIPAL CORPORATIONS, 11-13. 
 
 Change of channel as. 39 L.R.A. (N.S.) 200. 
 
 Effect of changing boundaries of school dis- 
 trict upon rights in real property. 26- 
 L.R.A.(N.S.) 486. 
 
 JJ. Of private property. 
 
 4. Generally. 
 
 Adverse possession on, see ADVERSE POS- 
 SESSION, 3. 
 
 Encroachments beyond, see ENCROACH- 
 MENTS. 
 
 Estoppel as to boundary line, see ESTOPPEL,. 
 22. 
 
 Boundary fences, see FENCES. 
 
 Conclusiveness of judgment in action in- 
 volving, see JUDGMENT, 37a. 
 
 Of mine, see MINES, II. b. 
 
 Trees on boundary line, see TREES, 3. 
 
 Trees near as a nuisance, see NUISANCES^ 
 3. 
 
 As to party wall, see PABTY WALL. 
 
 Pointing out boiindaries as estopping one 
 
 to assert title beyond such boundaries. 
 
 48 L.R.A. (N.S.) 751, 756. 
 Property rights in trees on. 21 L.R.A. 729 ; 
 
 46 L.R.A.(N.S.) 3. 
 Implied grant of easement for stairway on- 
 
 division line. 3 L.R.A. (N.S.) 1082.
 
 INDEX TO L.R.A. NOTES. 
 
 127 
 
 BOUNDARIES, II. cont'd 
 Right to inspect public records as to bound- 
 aries and titles. 27 L.R.A. 84. 
 Fraud in opinion as to. 35 L.R.A. 419. 
 Right to rely upon representations as to. 
 
 37 L.R.A. 610; 14 L.R.A. (N.S.) 1210. 
 Effect of mistake of fact by defendant as to, 
 
 on right to specific performance of 
 contract. 15 L.R.A. ( N.S. ) 83. 
 
 Applicability in case of disputed boundaries 
 of rule against conveyance of land held 
 adversely. 35 L.R.A". (N.S.) 746. 
 
 Estoppel to assert governmental power as 
 to. 16 L.R.A. 178. 
 
 Right to inspect account books of public 
 officers as to. 27 L.R.A. 84. 
 
 Liability of surveyor for errors or mis- 
 takes as to. 38 L.R.A. (N.S.) 1043. 
 
 Domicil or residence when boundary line 
 runs through dwelling. 10 L.R.A. 
 (N.S.) 874. 
 
 5. On highway. 
 
 Effect of bounding grant on private way to 
 carry title thereto. 24 L.R.A.(N.S.) 
 539. 
 
 Right of grantee to claim easement, implied 
 covenant, or estoppel as against grant- 
 or by call in deed for alley in which 
 grantor owns the fee. 14 L.R.A. (N.S.) 
 878. 
 
 Effect of improvements by abutting owner 
 with reference to what is erroneously 
 supposed to be the street boundary line 
 to estop the municipality from assert- 
 ing the true line. 7 L.R.A. (N.S.) 243. 
 
 Bounding land on street or alley as cove- 
 nant that the street or alley exists, 
 where grantor does not own the. fee 
 thereof. 10 L.R.A. (N.S.) 964. 
 
 Conveyance of parcel abutting on aban- 
 doned street as carrying grantor's title 
 to fee of former street. 32 L.R.A. 
 (N.S.) 778. 
 
 6. On waters. 
 
 Change of. by sudden submergence of land. 
 
 38 L.R.A. 850. 
 
 Effect of bounding land by "seashore." 4 
 B. R. C. 745. 
 
 Effect of bounding grant on river or tide 
 water. 42 L.R.A. 502. 
 
 Effect of deed to carry title to water's edge, 
 where a street or highway intervenes. 
 13 L.R.A.(N.S.) 551. 
 
 Government grant bounded by nontidal riv- 
 er as carrying title to land thereunder. 
 24 L.R.A.(N.S.) 1240. 
 
 7. artificial body of. 
 
 Canal. 51 L.R.A. 179. 
 
 Pond. 51 L.R.A. 179. 
 
 Permanent artificial pond. 51 L.RA. 180. 
 
 8. Establishment of; description. 
 
 Effect of compromise agreement locating 
 division line at place known not to be 
 the true boundary. 10 L.R.A. (N.S.) 
 610. 
 
 Effect of acquiescence in boundary lines. 4 
 L.R.A R43 
 
 Consult also L.R.A. Digests of Cases. 
 
 BOUNDARIES, II. cont'd 
 
 Judgment against plaintiff in action involv- 
 ing boundary as establishing boundary 
 claimed by defendant. 38 L.R.A. (N.S.) 
 1020. 
 
 Correction of misdescription as to, in will. 
 6 L.R.A. (N.S.) 958; L.R.A.1915E, 1008. 
 
 Effect of taking possession on disputed 
 boundaries. 3 L.R.A. (N.S.) 805. 
 
 Injunctive relief to compel or prevent erec- 
 tion, maintenance, or removal of bound- 
 ary fences in settlement of disputed 
 boundary lines. 7 L.R.A.(N.S.) 57. 
 
 9. Change of. 
 
 By sudden submergence of land. 38 L.R.A. 
 
 850. 
 Right to change lot lines of occupants after 
 
 entry under the townsite act. 3Q 1 
 
 L.R.A.(N.S.) 183. 
 
 BOUNTIES. 
 
 Bounty tax as within covenant in lease, sub- 
 lease or assignment of lease as to pay- 
 ment of taxes. L.R.A.1915A, 343. 
 
 Validity of pension or bounty to Confeder- 
 ate soldiers. 45 L.R.A. (N.S.) 692. 
 
 Statutes legalizing invalid contracts to pay. 
 27 L.R.A. 702. 
 
 Right to use public money to pay. 14 
 L.R.A. 476. 
 
 Claims against state for. 42 L.R.A. 63. 
 
 BOWLING ALLEYS. 
 
 As a place of amusement within civil rights 
 
 acts. 19 L.R.A.(N.S.) 907. 
 As a nuisance. 40 L.R.A. (N.S.) 75. 
 Municipal regulation of, as a nuisance. 39 
 
 L.R.A. 524; 31 L.R.A. (N.S.) 548. 
 Power of state or municipality to determine 
 
 location of. L.R.A.1916D, 99. 
 
 BOW WINDOWS. 
 
 See BAT WINDOW. 
 
 BOXING MATCH. 
 
 Consent as justification for assault. 15 
 L.R.A. 853. 
 
 - *-- - 
 
 BOYCOTT. 
 
 See CONSPIRACY, 3, 4. 
 
 4 
 
 BRAKEMEN. 
 
 Implied powers of, see CARRIERS. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1090.
 
 128 
 
 INDEX TO L.R.A. NOTES. 
 
 BRAKES. 
 
 Duty as to equipping cars or trains with, 
 so as to minimize danger of injury to 
 persons or animals on or near tracks. 
 L.R.A.1915A, 744, 753. 
 
 BRAND. 
 
 Misbranding food, see FOOD, 4. 
 
 Validity of police regulations as to brand- 
 ing or labeling articles of commerce. 
 40 L.R.A.(N.S.) 880. ' 
 
 As evidence of ownership of cattle. 11 
 L.R.A.(N.S.) 87. 
 
 Police regulations as to branding articles of 
 commerce. 1 L.R.A.(N.S.) 184; 17 
 L.R.A.(N.S.) 684. 
 
 BRANDY. 
 
 As intoxicating liquor. 20 L.R.A. 649. 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 304. 
 
 BRASS KNUCKLES. 
 
 As weapon within statute against carrying 
 concealed weapons. 34 L.R.A. (N.S.) 
 1176. 
 
 BREACH. 
 
 Forfeiture for breach of condition subse- 
 quent, see CONDITIONS, 7, 11. 
 
 Of contract generally, see CONTRACTS, 
 131, 131a. 
 
 Of proi-ise, see BREACH OF PROMISE. 
 
 Of covenant, see COVENANTS. TIT. 
 
 Of insurance contract, see INSURANCE, V. 
 
 Of warranty, see SALE, 53-59, 68. 
 
 Of condition in will, see WILLS, 89. 
 
 Of condition of pardon. 14 L.R.A. 288. 
 
 BREACH OF PROMISE. 
 
 1. Generally. 
 
 Damages for, see DAMAGES, 6, 50a. 
 
 Promise of marriage as within statute of 
 frauds as to contracts not to be per- 
 formed within year. L.R.A.1915D, 
 1190. 
 
 Liability of infant for services of attorney 
 
 in breach of promise suit. 44 L.R.A 
 
 (N.S.) 412. 
 Abatement of -action or cause of action for. 
 
 9 L.R.A.(N.S.) 1020. 
 Necessity of averring seduction in order to 
 
 recover therefor. 33 L.R.A.(N.S.) 702. 
 
 BREACH OF PROMISE cont'd 
 Constitutionality of imprisonment for debt 
 
 arising from breach of promise. 34 
 
 L.R.A. 639. 
 Right to attachment or order of arrest in 
 
 breach of promise case. 59 L.R.A. 954. 
 Judgment in action for seduction as bar to 
 
 action for breach of promise. L.R.A. 
 
 1918A, 366. 
 Liability of third person for inducing breach 
 
 of marriage contract. L.R.A.1918C, 
 
 1197. 
 
 2. Validity of agreement to marry 
 where one of parties is married. 
 
 Where one party acts in good faith. 1 
 B. R. C. 917. 
 
 Where made with knowledge of marriage. 
 1 B. R. C. 918. 
 
 Agreement to marry on death or divorce of 
 present husband and wife. 52 L.R.A. 
 660; 1 B. R. C. 919. 
 
 As affected by disabilities imposed by de- 
 cree of divorce. 1 B. R. C. 922. 
 
 3. What constitutes. 
 
 Refusal or failure to keep agreement for 
 marriage at a specified time or 
 place as breach of the marriage 
 contract. 66 L.R.A. 798; L.R.A. 
 1915B, 280. 
 
 4. Defenses. 
 
 Ill health as defense to an action for breach 
 of promise to marry. 7 L.R.A.(N.S.) 
 582; 40 L.R.A. (N.S.) 585; L.R.A. 
 1916D, 1276. 
 
 Fact that one of the parties was already 
 married at time of agreement to marry. 
 L.R.A.1918B, 68. 
 
 5. fraudulent concealment. 
 
 Generally. 26 L.R.A. 430. 
 
 Want of chastity. 26 L.R.A. 431. 
 
 Physical incapacity. 26 L.R.A. 431. 
 
 Bad character. 26 L.R.A. 431. 
 
 Personal life and traits and family affairs. 
 
 26 L.R.A. 432. 
 
 Mitigation of damages. 26 L.R.A. 432. 
 Necessity of alleging fraud. 26 L.R.A. 432. 
 
 6. Evidence. 
 
 Evidence of character for chastity in action 
 for. 14 L.R.A.(N.S.) 748. 
 
 BREACH OP THE PEACE. 
 
 1. Generally. 
 
 Breach of peace by use of insulting or dis- 
 orderly language. L.R.A.1918F, 941. 
 
 Use' of profane or offensive language while 
 upon one's own premises as an offense. 
 49 L.R.A.(N.S.) 919. 
 
 Criminal responsibility for homicide in 
 carrying out unlawful conspiracy for. 
 68 L.R.A. 196. 
 
 Homicide in attempting to prevent. 67 
 L.R.A. 535. 
 
 Power of municipality to punish when made 
 an offense by state law. 17 L.R.A. 
 (N.S.) 53.
 
 INDEX TO L.R.A. NOTES. 
 
 129 
 
 BREACH OF PROMISE cont'd 
 
 Right of both state and municipality to 
 
 convict of offense of. 31 L.R.A. (N.S.) 
 
 704. 
 Validity of ordinances as to street parades. 
 
 25 L.R.A. (N.S.) 251. 
 
 2. Arrest for, without warrant. 
 
 Liability of officer for making. 51 L.R.A. 
 206. 
 
 3. Forfeiture of peace bond. 
 
 What conduct will work a forfeiture. 
 L.R.A.(N.S.) 186. 
 
 40 
 
 BREAD. 
 
 See FOOD, 6. 
 
 BREAD AND WATER. 
 
 Keeping prisoner on, as cruel or unusual 
 
 punishment. 35 L.R.A. 569; L.R.A. 
 1915C, 565. 
 
 BREAKAGE. 
 
 Provision exempting carrier from liability 
 for loss by breakage as extending to 
 loss caused by negligence. 6 B. R. C. 
 128. 
 
 BREWERS AND BREWERIES. 
 
 As to intoxicating liquors generally, see IN- 
 TOXICATING LIQUORS. 
 
 Legality under modern anti-trust acts of 
 combinations of, 5 L.R.A. (N.S.) 138. 
 
 Power of, to purchase or lease property to 
 be used by retailers of its products. 
 47 L.R.A. (N.S.) 898. 
 
 Power to guarantee contracts of customers. 
 27 L.R.A. (N.S.) 186; L.R.A.1918C, 
 1008. 
 
 Discrimination against nonresidents by stat- 
 ute or ordinance imposing license tax 
 on brewery agency. 40 L.R.A. (N.S.) 
 291. 
 
 BRIBERY. 
 
 1. Generally. 
 
 Validity of contract to influence official ac- 
 tion, see CONTRACTS, 100. 
 
 Evidence of other crimes in prosecution for. 
 
 L.R.A.1915B, 103. 
 Cruel and unusual punishment for. L.R.A. 
 
 1915C, 566. 
 Of juror, as contempt. 46 L.R.A. (N.S.) 
 
 517; L.R.A.1915D, 570. 
 Instigation to. 25 L.R.A. 345. 
 Solicitation to. 25 L.R.A. 439. 
 Consult also L.R.A. Digests of Cases. 
 
 BRIBERY cont'd 
 
 Who is accomplice in bribery case within 
 the rule requiring corroboration of tes- 
 timony. 39 L.R.A. (N.S.) 706. 
 
 Reference by prosecuting attorney in argu- 
 ment to jury to attempts to tamper 
 with witnesses or jurymen as ground 
 for reversal. 30 L.R.A. (N.S.) 795. 
 
 Charging acceptance of bribe as libel. 3 
 L.R.A.(N.S.) 1139; L.R.A.1918E, 31.' 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence. 69 L.R.A. 205. 
 
 2. What constitutes. 
 
 By gift to public; for street improvements. 
 
 14 L.R.A. 62. 
 
 By bonus to secure location of county-seat. 
 
 15 L.R.A. 501. 
 
 Jurisdiction or authority of officer to act 
 in the matter as element of bribery. 
 15 L.R.A.(N.S.) 1173. 
 
 3. Defenses. 
 
 Instigation of offense as a defense to pros- 
 ecution. 30 L.R.A.(N.S.) 952; 51 
 L.R.A. (N.S.) 829. 
 
 Truth of charge as to as defense to civil 
 action for libel or slander. 31 L.R.A. 
 (N.S.) 146. 
 
 Bribery as affected by lack of, or defect in, 
 title to office. 51 L.R.A. (N.S.) 1087. 
 
 BRICKBATS. 
 
 As deadly weapons. 21 L.R.A.(N.S.) 507. 
 
 BRICK KILN. 
 
 Municipal power over, as nuisance. 38 
 
 L.R.A. 654. 
 Operation of, as nuisance. 2 L.R.A. (N.S.) 
 
 92. 
 
 BRICKS. 
 
 Sufficiency of delivery of, on sale out of 
 larger lot. 26 L.R.A.(N.S.) 42. 
 
 BRICK YARDS. 
 
 Right of municipal corporation to main- 
 tain. 31 L.R.A.(N.S.) 122. 
 
 Power of municipality to regulate. 25 
 L.R.A.(N.S.) 247; 40 L.R.A. (N.S.) 898. 
 
 BRIDGE COMPANIES. 
 
 Right to enforce by mandamus duty arising 
 wholly from contract. 13 L.R.A. (N.S.) 
 1084. 
 
 Right of foreign company to enter state. 
 24 L.R.A. 313. 
 
 9
 
 130 
 
 INDEX TO L.R.A. NOTES. 
 
 BRIDGE COMPANIES confd 
 
 Mii.-ss of. :itiv.-t'd with a public interest 
 subject iim them t<> the regulation and 
 control as to rates or prices. 6 L.R.A. 
 (N.S.) 835. 
 
 20 
 
 BRIDGES. 
 
 1. Generally. 
 
 Approach to, see APPROACHES, 2. 
 Obstruction of highway by, see HIGHWAYS, 
 
 37. 
 Railroad bridges, see RAILROADS, 28. 
 
 Interference by riparian owner with. 39 
 L.R.A.(N.S.) 1213. 
 
 Right of foreign corporation as to. 24 
 L.R.A. 313. 
 
 Delegation of municipal power as to. 
 L.H.A. 726. 
 
 Taking of land for, as a public purpose. 22 
 L.R.A.(N.S.) 135. 
 
 Duty to light highway bridge. 28 L.R.A. 
 (N.S.) 946. 
 
 Loss of profits as element of damages for 
 breach of contract for construction or 
 repair of. 53 L.R.A. 49, 66. 
 
 Specific performance of agreement for li- 
 cense to maintain. 49 L.R.A. 519. 
 
 Right of municipality without express pow- 
 er to permit construction of an over- 
 head bridge across a public street for 
 private purpose. 23 L.R.A. (N.S.) 158. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin unlawful expenditures by 
 municipality for bridges. 36 L.R.A. 
 (N.S.) 20. 
 
 as a nuisance. 29 
 
 2. As nuisance. 
 
 .Municipal control of, 
 
 L.R.A. 681. 
 Bridge over navigable stream, constructed 
 
 under legislative authority. 
 64. 
 
 59 L.R.A. 
 
 Presumption as to statutory authority to 
 commit nuisance by erection of bridge. 
 70 L.R.A. 584. 
 
 Right of one who navigates stream or floats 
 logs therein to abate nuisance arising 
 from bridge. 51 L.R.A.(N.S.) 1172. 
 
 3. Duty to construct, maintain, and 
 repair. 
 
 Power of municipality to assume part or all 
 of burden of adapting bridges for use 
 of railroads or street railways. 50 
 L.R.A.(N.S.) 143. 
 
 Duty of railroad company to construct 
 bridges at its own expense over public 
 drainage ditches. 31 L.R.A.(N.S.) 
 1118; L.R.A.1915B, 486. 
 
 Duty as to bridge over ditch constructed by 
 
 drainage district J> cross highway. 
 L.R.A. (N.S.) 695. 
 
 43 
 
 May cost of bridge be assessed against 
 
 property benefited. 
 918. 
 
 45 L.R.A.(N.S.) 
 
 BRIDGES cont'd 
 
 Duty as to establishment and maintonancc- 
 of bridges over canals or ditches for 
 use of adjoining owners. L.R.A.191.">K, 
 687 
 
 Duty of county to contribute to mainte- 
 nance of boundary bridge. L.R.A. 
 1916F, 511. 
 
 Duty of railroad to fence as requiring bar- 
 rier across culvert or under bridge. 5 
 B. R. C. 182. 
 
 Duty to maintain bridge over race way in- 
 tersecting highway. 31 L.R.A. (N.S.) 
 243. 
 
 Liability of street railway company for re- 
 flooring. 46 L.R.A. 199. 
 
 Liability of contractor to replace bridge 
 destroyed by unprecedented flood 
 against which he does hot contract. 15 
 L.R.A.(N.S.) 833. 
 
 Power of municipality to require railroad 
 company to keep highway in repair at 
 overhead bridge. 18 L.R*.A.(N.S.) 915. 
 
 Right to enforce by mandamus duty of 
 bridge company arising wholly from 
 contract. 13 L.R.A. (N.S.) 1084. 
 
 4. Injuries through construction and 
 maintenance of. 
 
 Proximate cause of injury, see PROXIMATE 
 CAUSE, 14. 
 
 Res ipsa loquitur in action for injury on. 
 43 L.R.A.(N.S.) 594. 
 
 Liability of county for injuries caused by 
 construction or maintenance of a bridge 
 to property thereto adjoining. 21 
 L.R.A. (N.S.) 209. 
 
 Municipal liability for injury to abutting 
 owner from approach to bridge under 
 constitutional provision against "dam- 
 aging" private property for public- u-e 
 without compensation. 36 L.R.A. 
 (N.S.) 1198. 
 
 Liability of municipality for damage to 
 
 vessel 
 1062. 
 
 by bridge. L.R.A.1915F, 
 
 Begin with this boofc on every law question. 
 
 Obstruction of water of stream by. 59 
 L.R.A. 862; 28 L.R.A.(N.S.) 156. 
 
 Injury to abutter's easements of light, air 
 and access by grading street to cross. 
 14 L.R.A. 372. 
 
 Across street as additional burden. 17 
 L.R.A. 481. 
 
 Liability of municipality for negligence of 
 bridge tender. 19 L.R.A.(N.S.) 1178; 
 45 L.R.A.(N.S.) 98; L.R.A.1915F, 1064. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in construction of. 
 65 L.R.A. 647. 
 
 Persons working on, as independent con- 
 tractors. 65 L.R.A. 466. 
 
 5. Duty and liability as to defects in. 
 
 Municipal liability for injury by defects 
 or obstructions on. 20 L.R.A.(NJ5.) 
 571. 
 
 Municipal liability for injury to travelers 
 by defective bridges through defect in 
 plan of construction. 67 L.R.A/ 268.
 
 INDEX TO L.R.A. NOTES. 
 
 131 
 
 BRIDGES cont'd 
 
 Duty of municipality to construct and main- 
 tain bridges in condition to sustain un- 
 usual weight. 27 L.R.A. (N.S.) 832. 
 
 Liability of municipality for injuries on 
 tollbridge maintained by it. 33 L.R.A. 
 (N.S.) 449. 
 
 Duty of county or town to maintain barriers 
 'along bridges. 42 L.R.A. (N.S.) 267; 
 L.R.A. 1915F, 973. 
 
 Liability of municipality for negligence oi 
 bridge tender. 19 L.R.A. (N.S.) 1178; 
 4,5 L.R.A.(N.S.) 98; L.R.A.1915F, 1064. 
 
 Liability of counties for torts and negligence 
 as to. 39 L.R.A. 33. 
 
 Liability of county for injury by defects 
 in boundary bridge. L.R.A.1916F, .522. 
 
 Duty to properly guard defective bridge. 
 20 L.R.A.(N.S.) 681. 
 
 Sufficiency of general allegations of negli- 
 gence as to. 59 L.R.A. 251. 
 
 6. liability for injury to servant. 
 
 blaster's liability for injury to servant by 
 defective bridge. 54 L.R.A. 170. 
 
 Liability of railroad to trainman injured bv 
 overhead bridge. 47 L.R.A. (N.S.) 483. 
 
 Duty of railroad company to maintain safe- 
 guards to prevent employees from fall 
 ing off or through bridges. 50 L.R.A. 
 (N.S.) 548. 
 
 Nondelegability of duty to protect servants 
 against defects in. 54 L.R.A. 69, 77. 
 
 Applicability as between master and serv- 
 ant of maxim Res ipsa loquitur to fall 
 of bridge. 28 L.R.A. (N.S.) 591. 
 
 7. Contributory negligence of person 
 injured. 
 
 Contributory negligence of one who strikes 
 bridge extending over highway. L.R.A. 
 1918A, 204. 
 
 Contributory negligence of child injured by 
 drawbridge. L.R.A.1917F, 99. 
 
 Duty of one approaching drawbridge to stop, 
 'look, and listen. 14 L.R.A. (N.S.) 452. 
 
 Duty of traveler to stop, look and listen 
 upon approaching overhead railroad 
 bridge. 6 L.R.A. (N.S.) 150. 
 
 Nonobservance of public regulations by one 
 using bridge as affecting recovery of 
 damages caused by obstruction or de- 
 fect therein. 42 L.R.A. (N.S.) 1035. 
 
 8. Toll bridges. 
 
 Necessity of franchise for taking tolls on 
 
 37 L.R.A. 715. 
 Legislative regulation of rates of. 33 L.R.A. 
 
 181. 
 Liability of municipality for injuries on 
 
 toll bridge maintained by it. 33 
 
 L.R.A. (N.S.) 449. 
 
 9. rights and duties of proprietors. 
 
 Generally. 58 L.R.A. 155; 30 L.R.A. (N.S.) 
 
 360. 
 Rights and duties in general. 30 L.R.A. 
 
 (N.S.) 360. 
 
 Approaches. 30 L.R.A. (N.S.) 362. 
 Erection of competing bridges. 30 L.R.A. 
 
 (N.S.) 362. 
 
 Creation of rights. 58 L.R.A. 155. 
 Consult also L.R.A. Digests of Cases. 
 
 BRIDGES cont'd 
 
 Rights of abutting owners. 58 L.R.A. 157. 
 
 Place and method of construction. 58 
 L.R.A. 159. 
 
 Use of bridge. 58 L.R.A. 161. 
 
 Duty as to maintenance of bridge. 58 
 L.R.A. 162; 30 L.RA.(X.S.) 302. 
 
 Remedy for injury to bridge. 58 L.R.A. 
 168. 
 
 Taxation. 58 L.R.A. 168; 30 L.R.A.' N.S. > 
 364. 
 
 Termination of franchise. 58 L.R.A. 169; 
 30 L.R.A. (N.S.) 364. 
 
 Compensation to be paid owners of toll 
 bridge upon taking their plant for pub- 
 lic use. 47 L.R.A. (N.S.) 795. 
 
 10. tolls. 
 
 Generally. 58 L.R.A. 163; 30 L.R.A. ( N.S. y 
 363. 
 
 Conditions to right to. 58 L.R.A. ]63. 
 
 Legislative interference with. 58 L.R.A. 
 164. 
 
 Validity of and remedy for competition. 58 
 L.R.A. 167. 
 
 Remission, evasion and enforcement of. 58 
 L.R.A. 167. 
 
 Vehicles subject to tolls. 30 L.R.A. (N.S.) 
 363. 
 
 Right of county, municipality, or town to 
 collect. 42 L.R.A. (N.S.) 836. 
 
 Right to take tolls for use of bridge by au- 
 tomobile. L.R.A.1917E, 562. 
 
 11. Over navigable waters. 
 
 Interference with navigation by toll bridges. 
 
 58 L.R.A. 160. 
 
 As nuisance; when constructed under legis- 
 lative authority. 59 L.R.A. 64. 
 
 Negligent breaking of, as proximate cause 
 of obstruction of navigation necessary 
 to effect repair. 10 L.R.A. (N.S.) 710. 
 
 Jurisdiction in admiralty of action growing: 
 out of collision of vessel with bridge. 
 21 L.R.A. (N.S.) 324. 
 
 Relative rights and duties of those maintain- 
 ing bridges across streams and those 
 floating logs therein. 38 L.R.A. (N.S.) 
 114. 
 
 Right of one who navigates stream or floats- 
 logs therein to abate miisance arising 
 from bridge. 51 L.R.A. (N.S.) 1172. 
 
 Liability of municipality for damage to 
 vessel by bridge. L.R.A.1915F, 1062. 
 
 12. Relative rights of owner, and 
 other owners of privilege. 
 
 As rival to ferry. 59 L.R.A. 541. 
 Interference with right of ferryman by. 
 
 59 L.R.A. 548. 
 
 Bridge as disturbance of ferry franchise- 
 1 B. R. C. 341. 
 
 Interference by, with wharf rights in nav- 
 igable waters. 34 L.R.A.(N.S.) 430. 
 
 Relative rights and duties of those main- 
 taining bridges across streams and' 
 those floating logs therein. 38 L.R.A, 
 (N.S.) 114. 
 
 13. Taxation. 
 
 Taxation of bridge over boundary river, sec- 
 TAXES, 44.
 
 132 
 
 INDEX TO L.R.A. NOTES. 
 
 BRIDGES cont'd 
 
 Bridges as real property for purposes of. 
 
 I.VI..U.A. 298. 
 
 Of toll bridge proprietors. 58 L.R.A. 168; 
 30 LJl.A.(N.S.) 364. 
 
 BRIDGE TENDER. 
 
 Municipal liability for negligence of. 19 
 L.R.A.(N.S.) 1178; 45 L.R.A. (N.S.) 
 98; L.R.A.1915F, 1064. 
 
 BRINE. 
 
 Right to pump up water where the result 
 is to carry away another's mineral in 
 solution. 5 B. R. C. 254. 
 
 BRINGING IN PARTIES. 
 
 See PAETIES, 37. 
 
 BRINGING 
 
 STOLEN PROPERTY IN- 
 TO STATE. 
 
 By what law question of larceny is deter- 
 mined in prosecution under statute 
 against bringing stolen property into 
 state. 15 L.R.A. 722; 14 L.R.A.(N.S.) 
 56. 
 
 BROKEN WIRES. 
 
 See ELECTRICITY, III. 
 
 BROKERS. 
 
 I. In general, 
 II. Compensation, 
 
 1-7. 
 
 8-13. 
 
 I. In general. 
 
 1. Generally. 
 
 Constitutionality of statutes regulating, see 
 
 COXSTTTUTIONAI, LAW, 52. 
 Oral contract by broker with purchaser, see 
 
 CONTRACTS, 47. 
 Dealings in futures and options, generally, 
 
 see CONTRACTS, 105, 106, 116. 
 Custom of real estate brokers, see CUSTOM 
 
 AND USAGE, 11. 
 
 Insurance brokers, see INSURANCE, 17-23. 
 Unlawful combination of, see MONOPOLY 
 
 AND COMBINATIONS, 9. 
 
 Law governing agency contract for sale of 
 
 land. L.R.A.1916A, 1046. 
 Necessity of pleading statute of frauds in 
 
 action between broker and principal. 
 
 49 L.R.A.(N.S.) 37. 
 Jurisdiction of admiralty over contracts of 
 
 ship brokers. 66 L.R.A. 236. 
 
 BROKERS, I. cont'd 
 
 Right of municipal corporation to buy and 
 sell real estate. 31 L.R.A. (N.S.) 121. 
 
 Statement of account by. 27 L.R.A. 821. 
 
 Implied warranty of genuineness upon sale 
 of negotiable paper by. 36 L.R.A. 95. 
 
 Right of customer who has advanced pur- 
 chase money to broker to preference 
 in case of insolvency before making 
 purchase. 42 L.R.A. (N.S.) 95. 
 
 Set-off in case of bankruptcy. 55 L.R.A. 40, 
 44, 51, 60. 
 
 Organization of brokerage concern by job- 
 bers or dealers as an unlawful monop- 
 oly. 35 L.R.A.(N.S.) 464. 
 
 Measure of damages to broker for breach 
 of advertising contract. 22 L.R.A. 
 (N.S.) 273. 
 
 Measure of damages for broker's breach of 
 contract to carry stock until a certain 
 date. 7 B. R. C. 569. 
 
 Measure of damages for broker's breach of 
 contract with customer as to sales and 
 purchases of stock on the exchange. 
 L.R.A.1917C, 747. 
 
 Right of principal to retain property pur- 
 chased through agent, who was secret- 
 ly interested therein and seeks relief 
 against the agent. 34 L.R.A.(N.S.) 
 1210. 
 
 Validity of statute or ordinance requiring 
 persons engaged in business of loaning 
 money on chattel security or security 
 of wages to file a record of loans made. 
 25 L.R.A.(N.S.) 686. 
 
 Inference as to character of transaction 
 arising from the fact that it was on 
 margin. 22 L.R.A.(N.S.) 174. 
 
 Mutuality of contract giving real-estate 
 broker exclusive authority to sell, or 
 promising him commissions in case of 
 sale by anyone else, but which does not 
 in terms impose any obligation upon 
 him. 19 L.R.A. (N.S.) 599; L.R.A. 
 1917E, 1040. 
 
 Who must bear loss where merchandise 
 broker receives purchase price and fails 
 to pay over same to seller. 8 L.R.A. 
 (N.S.) 474. 
 
 Effect of deposit by broker or factor to his 
 own account by proceeds of sale of cus- 
 tomer's stock or property to create a 
 trust entitled to a preference. 27 
 L.R.A.(N.S.) 808. 
 
 2. Rights and powers of. 
 
 Authority to contract for services of other 
 persons. L.R.A.1918F, 11. 
 
 Power of real estate broker to delegate 
 authority. 43 L.R.A. (X.S.) 796. 
 
 Powers of brokers in case of Lloyd's policies 
 of insurance. 55 L.R.A. 201. 
 
 Maritime lien for services of brokers. 70 
 L.R.A. 387. 
 
 Is broker's right to make sale of property 
 exclusive of the owner's right. 24 
 L.R.A.(N.S.) 279; 40 L.R.A. (N.S.) 
 1142. 
 
 Power of real-estate broker to make con- 
 tract of sale. 17 L.R.A. (N.S.) 210; 23 
 L.R.A.(N.S.) 982. 
 
 Begin icith this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 133 
 
 BROKERS, I. cont'd 
 
 Right to purchase real estate listed with 
 him for sale. 20 L.R.A.(N.S.) 1158; 
 L.R.A.1915E, 976; L.R.A.1918F, 790. 
 
 Putting security transferable by delivery or 
 endorsed or assigned in blank into brok- 
 er's possession to estop owner as against 
 purchaser in good faith. 29 L.R.A. 
 (N.S.) 252. 
 
 3. to maintain action. 
 
 Right of broker, to whom goods are con- 
 signed for sale, to maintain action 
 against a common carrier for damage 
 to, or loss of, goods during transit. 26 
 L.R.A.(N.S.) 437. 
 
 Right of factor to whom goods are consigned 
 to maintain action against carrier. 36 
 L.R.A.(N.S.) 72. 
 
 4. termination of. 
 
 Revocation or termination of a broker's 
 employment to procure a purchaser 
 for real property. 49 L.R.A.(N.S-) 
 985. 
 
 Dissolution of partnership authorized to 
 act as agent, as termination of agency. 
 23 L.R.A.(N.S.) 849. 
 
 Lapse of time as terminating authority of 
 real estate broker. 16 L.R.A.(N.S.) 
 431. 
 
 Avoidance by infant of stock brokerage 
 agency. 41 L.R.A.(N.S.) 1219. - 
 
 5. Duties and liabilities of. 
 
 Duties of brokers in case of Lloyd's policies 
 of insurance. 55 L.R.A. 21. 
 
 Duty to disclose to principal the identity 
 of a purchaser. 53 L.R.A. 241. 
 
 Duty of broker who reaps no individual 
 profit from transaction, to impart to 
 principal his knowledge of favorable 
 terms offered or acceptable by customer. 
 25 L.R.A. (N.S.) 737. 
 
 False representations by, as to cost, selling 
 or market price of property or as to 
 offers therefor. 35 L.R.A. (N.S.) 186. 
 
 Liability of real-estate broker who over- 
 states to purchaser the owner's mini- 
 mum price. 21 L.R.A. (N.S.) 305. 
 
 Liability of broker to true owner for sell- 
 ing or disposing of property intrusted 
 to him by his principal. 50 L.R.A. 
 (K.S.) 55. 
 
 Liability of del credere agent for nonper- 
 formance of contract by buyer. 6 B. R. 
 C. 943. 
 
 6. Requirement that contract of, be 
 in writing. , 
 
 Power of legislature to prohibit offering of 
 another's real estate for sale without 
 written authority. 12 L.R.A. (N.S.) 
 707. 
 
 Power of. legislature to require contracts 
 for commissions for finding a purchas- 
 er for real estate to be in writing. 33 
 L.R.A.(N.S.) 973. 
 
 Necessity that agent's authority to purchase 
 or sell real property be in writing, to 
 enable him to recover compensation 
 for his services. 44 L.R.A. 601 ; 9 
 L.R.A. (N.S.) 933. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BROKERS, I. cont'd 
 
 Necessity of securing written contract from 
 purchaser to entitle real estate broker 
 to commission. 46 L.R.A. (N.S.) 129. 
 
 7. License. 
 
 License tax on tax brokers. 47 L.R.A. 
 (N.S.) 1078. 
 
 Failure of loan broker to procure .license as 
 affecting validity of his contract. 
 L.R.A.1915B, 851. 
 
 Effect of failure to obtain, on right to com- 
 missions. 1 L.R.A. (N.S.) 1159. 
 
 Effect of failure to procure license on va- 
 lidity of contract. 16 L.R.A. 424. 
 
 Validity of contract by unlicensed broker. 
 12 L.R.A.(N.S.) 615. 
 
 Validity of license upon business of loaning 
 money as affected by excessive amount 
 of license fee. 25 L.R.A.(N.S.) 583. 
 
 Are persons engaged in loaning their own 
 money loan brokers within license reg- 
 ulations. 25 L.R.A. (N.S.) 748. 
 
 II. Compensation. 
 
 8. Generally. 
 
 Necessity that broker's contract of employ- 
 ment be in writing, see supra, 6. 
 
 Liability of decedent's estate for, see EXEC- 
 UTORS AND ADMINISTRATORS, 35. 
 
 Effect of negligence on right to, see NEG- 
 LIGENCE, 3. 
 
 Liability of principal for the services of a 
 subagent. L.R.A.1918F, 720. 
 
 Effect of failure to obtain license on right 
 to commissions. 1 L.R.A. (N.S.) 1159. 
 
 Employed by executor or administrator to 
 sell property of estate; liability of es- 
 tate for commissions of. 64 L.R.A. 
 554. 
 
 Personal liability of officer, or referee to 
 sell property, for brokers' services. 38 
 L.R.A.(N.S.) 777. 
 
 What constitutes employment of broker 
 which will entitle him to commissions 
 otherwise earned. 27 L.R.A. (N.S.) 
 786. 
 
 What constitutes listing of property or em- 
 ployment of broker within a contract 
 promising a commission therefor in 
 case the property is withdrawn or no 
 sale made. 24 L.R.A.(N.S.) 562. 
 
 Liability of owner upon revoking authori- 
 ty of real estate broker employed 
 for definite period. 38 L.R A. 
 (N.S.) 366; L.R.A.1918D, 731. . 
 
 Right of broker to commissions where, with 
 , principal's consent, he becomes pur- 
 chaser. 31 L.R.A.(N.S.) 536. 
 
 Where purchaser procured by him is finan- 
 cially unable to perform his contract. 
 20 L.R.A.(N.S.) 1168. 
 
 Effect of contract expressly making brok- 
 er's right to commissions dependent 
 upon "sale" of property or other condi- 
 tion beyond that ordinarily implied. 
 29 L.R.A. (N.S.) 533. 
 
 Moral obligation to pay broker for service 
 as consideration for new promise where 
 there was originally no legal liability. 
 26 L.R.A. (N.S.) 520.
 
 134 
 
 BROKERS, II. cont'd 
 
 Right of broker to recover commissions or 
 advances made in furthering wagering 
 contract. 11 L.R.A.(N.S.) 575. 
 
 Validity of agreement by which compen- 
 sation is dependent on success in pro- 
 curing contract with public officer or 
 board. 39 L.R.A.(N.S.) 747. 
 
 Payment o'f commissions to, for sale of bonds 
 as violating requirement that bonds 
 shall not be sold for less than par. 39 
 L.R.A.(N.S.) 248. 
 
 Right of real estate brokers to assert a 
 vendor's lien to recover their commis- 
 sion earned in the sale of the land. 47 
 L.R.A.(N.S.) 190. 
 
 9. Fraud and secret dealings of real 
 estate broker as affecting. 
 
 General doctrine. 45 L.R.A. 33. 
 
 In order to decrease price. 45 L.R.A. 36. 
 
 In case of conflicting interests. 45 L.R.A. 
 37. 
 
 Nondisclosure of true position. 45 L.R.A. 
 37. 
 
 Soliciting others. 45 L.R.A. 39. 
 
 Conspiring with purchaser. 45 L.R.A. 39. 
 
 Secret profit. 45 L.R.A. 39. 
 
 Negligence of broker. 45 L.R.A. 39. 
 
 Agreement to divide commissions. 45 
 L.R.A. 40. 
 
 By purchase of property. 45 L.R.A. 40. 
 
 Double commissions. 45 L.R.A. 44. 
 
 Exceptions to rule. 45 L.R.A. 48. 
 
 As affecting purchaser. 45 L.R.A. 52. 
 
 Miscellaneous cases. 45 L.R.A. 53. 
 
 .Burden of proof. 45 L.R.A. 53. 
 
 Eight of real estate broker who acts for 
 both parties, to commissions. 24 
 L.R.A. (N.S.) 659. 
 
 <Custom among real estate brokers to take 
 rebates or commissions from other par- 
 ty as affecting right to compensation 
 from employer. 34 L.R.A.(N.S.) 1047. 
 
 "Right of principal to recover from broker 
 or other agent commissions which lat- 
 ter received from other party to the 
 contract. 28 L.R.A. (N.S.) 952. 
 
 Right of broker held to account for secret 
 
 INDEX TO L.R.A. NOTES. 
 
 5 B.R.O. 
 
 profit, to retain commission. 
 188. 
 
 Right of broker to recover commissions 
 where owner has refused to make the 
 sale for a price otherwise satisfactory, 
 because of broker's misrepresentations 
 as to offers obtained. L.R.A.1917B, 922. 
 
 10. Negligence, fraud, or default* of 
 principal, or defective title, as af- 
 fecting. 
 
 Default of principal in entering into or 
 carrying out contract with pur- 
 chaser. 43 L.R.A. 593. 
 Default in carrying out contract with 
 
 broker. 43 L.R.A. (506. 
 Misrepresentation and fraud of principal 
 
 43 L.R.A. 614. 
 
 Where sale fails because of defects in em- 
 ployer's title. 43 L.R.A. 609; 3 L.R A 
 (N.S.) 576; 24 L.R.A. (N.S.) 1.132-' 
 L.R.A.1915E, 714. 
 
 BROKERS, II. cont'd 
 
 Where sale fails because of inaccuracy of 
 
 owner's representations. 
 (N.S.) 1262. 
 
 15 L.R.A. 
 
 Where sale or loan fails because of owner's 
 refusal to give indemnity against possi- 
 ble mechanics' liens or other encum- 
 brances. 15 L.R.A. (N.S.) 387. 
 
 Where broker procures purchaser at price 
 stated by his principal, but on slightly 
 different terms in regard to cash or 
 time of payment, and the owner refuses 
 to consummate the sale. 21 L.R.A. 
 (N.S.) 935. 
 
 Right of brokor to recover commissions 
 where owner has refused to make the 
 sale for a price otherwise satisfactory 
 because of broker's misrepresentations 
 as to price obtained. L.R.A.1917B, 922. 
 
 11. Procuring cause of sale or ex- 
 change; sale by principal to brok- 
 er's customer. 
 
 When real estate broker is considered as. 
 
 44 L.R.A. 321. 
 
 Procuring cause of sale. 44 L.R.A. ?>'2\. 
 When several brokers are employed. 44 
 L.R.A. 337; 23 L.R.A. (N.S.) ' 161; 27 
 L.R.A.(N.S.) 195. 
 In case of a sale by his principal. 44 L.R.A. 
 
 344. 
 
 Effect upon the right to commission, of fact 
 that owner sells to broker's cus- 
 tomer at reduced price. 15 L.R.A. 
 (N.S.) 272; 34 L.R.A. (N.S.) 1050. 
 Broker's right to commission for introduc- 
 ing to owner one who had already de- 
 termined to buy the property before see- 
 ing the broker. L.R.A.1917E, 1175. 
 Right of broker who secures tenant to com- 
 mission on sale where tenant subse- 
 quently purchases. 6 B. R. C. 788. 
 
 12. Performance of contract. 
 
 By a real estate broker to find a purchaser 
 or effect an exchange of his principal's 
 property. 44 L.R.A. 593. 
 Necessity of securing written contract from 
 purchaser to entitle real estate broker 
 to commissions. 46 L.R.A. (N.S.) 129. 
 Right to compensation upon procuring cus- 
 tomer to take an option. 43 L.R.A. 
 (N.S.) 91. 
 
 Right of broker to commission for securing 
 a purchaser for part of the prop- 
 erty. 51 L.R.A.(N.S.) 254. 
 
 13. Amount of. 
 
 Nature of contract by which owner agrees 
 to pay another all over specified sum 
 for procuring a sale. 35 L.R.A. (N.S.) 
 116. 
 
 Begin with this book on every law question. 
 
 BROTHELS. 
 
 See DISORDERLY HOUSES.
 
 INDEX TO L.R.A. NOTES. 
 
 135 
 
 BROTHERS AND SISTERS. 
 
 Allowance for mental anguish resulting 
 from failure to deliver telegram as to 
 illness or death of brother or sister, see 
 DAMAGES, 103. 
 
 Inheritance by illegitimates from. 23 
 L.R.A. 755. 
 
 Insurable interest in life of. 2 L.R.A. 844;* 
 54 L.R.A. 231: 45 L.R.A. (N.S.) 982. 
 
 As members of family of insured. 3 L.R.A. 
 (N.S.) 334. 
 
 .Allowance for mental anguish from inability 
 to attend insane brother because of fail- 
 ure to deliver telegram. 49 L.R.A. 
 (N.S.) 238, 334. 
 
 Statutory right of action for death of. 
 L.R.A.1916E, 131. 
 
 Right of brother to maintain action for 
 mutilation of corpse. L.R.A.1915B, 
 524. 
 
 Implied agreement to pay for services ren- 
 dered to. 11 L.R.A. (N.S.) 883. 
 
 Enforcement in equity of grantee's oral 
 promise to grant or to hold in trust 
 in case of conveyance between brother 
 and sister. 39 L.R.A. (N.S.) 928. 
 
 Killing or assaulting of, as sufficient prov- 
 ocation to reduce homicide to man- 
 slaughter. 17 L.R.A. (N.S.) 795. 
 
 'One as agent of the other in contracting for 
 services of other persons. L.R.A.1918F, 
 32. 
 
 BUFFERS. 
 
 Master's liability for injury by defect in. 
 
 13 L.R.A.(N.S.) 675. 
 
 BROTHERS-IN-LAW AND SISTERS- 
 IN-LAW. 
 
 As member of family of insured. 3 L.R.A. 
 (N.S.) 336. 
 
 Implied agreement to pay for services 
 rendered to. 11 L.R.A. (N.S.) 887. 
 
 'Sister-in-law as a "dependent" within re- 
 strictions as to beneficiaries of mutual 
 benefit associations. 36 L.R.A. (N.S.) 
 209. 
 
 Validity of marriage with sister-in-law. 
 L.R.A.1916C, 756. 
 
 BRUTALITY. 
 
 :Libel or slander by charge of, against pub- 
 lic officer or candidate. L.R.A.1918E, 
 40. 
 
 BUBONIC PLAGUE. 
 
 Hight to injunction against being sent to 
 pest house. 23 L.R.A.(N.S.) 1188; 
 L.R.A.1916A, 1239; L.R.A.1918A, 120. 
 
 BUCKET SHOP. 
 
 Mandamus to compel delivery of market 
 quotations to. 3 L.R.A. (N.S.) 153. 
 
 Rights of, as to market quotations. 7 
 L.R.A.(N.S.) 889. 
 
 Applicability to bucket shops of penal stat- 
 utes in relation to "games of hazard," 
 "gambling devices," etc. 25 L.R.A. 
 (N.S.) 158. 
 
 As "pi ace for gaming." 20 L.R.A. (N.S.) 347. 
 
 -Consult also L.R.A. Digests of Cases. 
 
 BUILDING AND CONSTRUCTION 
 CONTRACTS. 
 
 1. Generally. 
 
 Bond of contractor, see BONDS, 9, 10. 
 
 Construction of, see CONTRACTS, 65. 
 
 Performance of, and acceptance of perform- 
 ance, see CONTRACTS, V. b. 
 
 Measure of damages for breach of, see DAM- 
 AGES, 22a. 
 
 Lien of contractor, see MECHANICS' LIENS. 
 
 Contract for public improvement, see PUB- 
 LIC IMPROVEMENTS, 7-9. 
 
 Authority of agent in charge of construc- 
 tion work to contract for services of 
 other persons. L.R.A.1918F, 71. 
 
 Specific performance of. 6 B. R. C. 912. 
 
 Who may take advantage of failure to file 
 assignment of a building contract or 
 of the money due thereunder. L.R.A. 
 1917F, 1127. 
 
 Validity of contract in violation of law. 12 
 L.R.A.(N.S.) 607. 
 
 Mistake in computation by contractor as 
 ground for relief. L.R.A.1917D, 745. 
 
 Liability of architect or engineer for negli- 
 gence in issuing certificates. 4 B. R. C. 
 859. 
 
 Employees engaged in construction work as 
 within purview of statutes abrogating 
 fellow-servant rule. 47 L.R.A. (N.S.) 
 114. 
 
 Admissibility of parol evidence to vary 
 written contract in favor of or against 
 a stranger to the contract. L.R.A. 
 1916A, 600, 611. 
 
 Effect of statute of frauds on parol con- 
 tracts which may but are not intended 
 to be performed within a year. 15 
 L.R.A.(N.S.) 316. 
 
 Aiding interpretation of, by extrinsic docu- 
 ments or examples. 9 L.R.A. (N.S.) 
 1007. 
 
 Right to rescind or abandon contract be- 
 cause of other party's default. 30 
 L.R.A. 67. 
 
 Assignability of contracts which contain no 
 provision with reference thereto. 21 
 L.R.A.(N.S.) 359. 
 
 Maritime liens under. 70 L.R.A. 413. 
 
 Promise of additional compensation for 
 completing an executory contract other 
 than for the payment of money. 28 
 L.R.A.(N.S.) 450. 
 
 Building and construction contractors as 
 independent contractors. 17 L.R.A. 
 (N.S.) 371. 
 
 Contractor s liability to replace bridge de- 
 stroyed by unprecedented flood against 
 which he does not contract. 15 L.R.A. 
 fVS.) 833. 
 
 2. Provision in, for paying laborers 
 and iiiateriulinen. 
 
 [tight of laborers or materialmen in fund 
 retained pursuant to contract for 
 public work, to insure payment of 
 their claims. 37 L.R.A.(N.S.) 575.
 
 136 
 
 INDEX TO L.ILA. NOTES. 
 
 BUILDING AND CONSTRUCTION CON- 
 TRACTS cont'd 
 
 Implied power to incorporate in contract for 
 public work, or in contractor's bond, a 
 requirement that the contractor shall 
 pay materialmen. 11 L.R.A. (N.S.) 
 1028; 46 L.R.A.(N.S.) 325. 
 
 Constitutionality of statute making owner 
 personally liable to laborers or ma- 
 terialmen because of noncomplianc-e 
 with provisions for their protection. 
 39 L.R.A.(N.S.) 868. 
 
 Burden of proof in action between owner 
 and contractor as to claims of mechan- 
 ics and materialmen paid by owner. 
 44 L.R.A.(N.S.) 80. 
 
 BUILDING 
 
 AND LOAN 
 TIONS. 
 
 ASSOCIA- 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 53. 
 Usury by, see USURY, 4. 
 
 Change of plan of; effect on contract. 
 4 L.R.A.(N.S-) 1047. 
 
 Transfer of amount from another associa- 
 tion; principal of loan. 4 L.R.A. (N.S.) 
 98. 
 
 Right of, to transfer loan made to member. 
 4 L.R.A.(N.S.) 439. 
 
 Validity and effect of statute requiring de- 
 posit of securities as a prerequisite to 
 the right to transact business. 9 L.R.A. 
 (N.S.) 461. 
 
 Appointment of receivers for, when no other 
 relief is asked. 20 L.R.A. 214. 
 
 2. Powers generally. 
 
 Power to borrow money to pay withdrawing 
 
 members. 20 L.R.A. (N.S.) 393. 
 Power to issue negotiable paper. 43 L.R.A. 
 
 419. 
 
 3. Stock. 
 
 Shares of stock in building and loan asso- 
 ciation as "credits" within taxing stat- 
 ute. 38 L.R.A.(N.S.) 137. 
 Estoppel of association to assert illegality 
 of its by-law, or stipulation in stock 
 that the stock will mature at a fixec 
 time. 15 L.R.A.(N.S.) 503. 
 Right to apply payments made on stock in 
 a building and loan association up 
 on a mortgage given for a loan by 
 the same member. 29 L.R.A. 120 
 Basis of settlement between building and 
 loan association and borrowing 
 member before maturity of stock 
 43 L.R.A.(N.S.) 874. 
 
 4. Premiums. 
 
 Fixed premiums or fixed minimum of premi 
 urns in building and loan associations 
 35 L.R.A. 244. 
 
 5. Mortgage. 
 
 Basis of settlement between building an< 
 
 loan association and borrowing membe 
 
 before maturity of stock. 43 L.R.A 
 
 (N.S.) 874. 
 Right to apply payments made on stock, on 
 
 a mortgage given by same member foj a 
 
 loan. 29 L.R.A. 120. 
 
 BUILDING AND LOAN ASSOCIATIONS 
 cont'd 
 
 Provision in mortgage for payment of fines. 
 35 L.R.A. 220. 
 
 Liability of advanced member of loan asso- 
 ciation to assessment for losses after 
 release of mortgage. 29 L.R.A. 181. 
 
 Application of withdrawal account to mort- 
 gage. 35 L.R.A. 294. 
 
 6. Assessments. 
 
 iability of advanced member of building 
 and loan association to assessment 
 for losses. 29 L.R.A. 177. 
 
 7. Fines. 
 
 Mature and validity. 35 L.R.A. 215. 
 Amount; reasonableness. 35 L.R.A. 217. 
 Construction of provisions imposing. 35 
 
 L.R.A. 218. 
 umulative and successive fines. 35 L.R.A. 
 
 219. 
 
 Fines on fines. 35 L.R.A. 220. 
 nterest on fines. 35 L.R.A. 220. 
 Secured by mortgage. 35 L.R.A. 220. 
 Enforcement. 35 L.R.A. 221. 
 Payment; crediting. 35 L.R.A. 221. 
 Remission; failure to enforce. 35 L.R.A. 
 
 222. 
 
 tVhen fines cease. 35 L.R.A. 222. 
 Provision in mortgage for payment of. 35 
 
 L.R.A. 220. 
 
 8. Withdrawals. 
 
 What is a withdrawal. 35 L.R.A. 289. 
 Right to withdraw. 35 L.R.A. 289. 
 Status of withdrawing member. 35 L.R.A. 
 
 290. 
 Change of rules affecting withdrawal. 
 
 L.R.A. 291. 
 
 Notice of withdrawal. 35 L.R.A. 292. 
 Terms and conditions of withdrawal. 
 
 L.R.A. 292. 
 Payment of withdrawals; priorities. 
 
 L.R.A. 294. 
 Withdrawal by borrowing members. 
 
 L.R.A. 296. 
 When association is insolvent or is being 
 
 wound up. 35 L.R.A. 298. 
 Termination of liability by withdrawals. 
 
 35 L.R.A. 300. 
 
 Orders to pay withdrawals. 35 L.R.A. 300. 
 Action to enforce withdrawal. 35 L.R.A. 
 
 301. 
 Power of associations to borrow money to 
 
 pay withdrawing member. 20 L.R.A. 
 
 (N.S.) 393. 
 
 Withdrawals from building and loan asso- 
 ciation while a solvent go.ng con- 
 cern. 49 L.R.A.(N.S.) 1129. 
 Withdrawals from building and loan asso- 
 ciations as affected by insolvency or 
 
 winding-up business. 49 L.R.A.(N.S.) 
 
 1142. 
 
 35 
 
 35 
 35 
 
 35 
 
 BfUILDING COMMITTEE. 
 
 Authority of, to contract for services of 
 other persons. L.R.A.1918F, 71. 
 
 BUILDING LINE. 
 
 Power to establish. 42 L.R.A.(N.S.) 1123; 
 1030; L.R.A.1915C, 
 
 44 L.R.A.(N.S.) 
 981. 
 
 Begin icith this ooofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 137 
 
 BUILDING LINE cont'd 
 
 What part of a structure must be beyond 
 the line to constitute a violation of a 
 building restriction. 52 L.R.A.(N.S.) 
 1044. 
 
 BUILDING LOTS. 
 
 Possible division of land into building lots 
 as element of compensation in eminent 
 domain. L.R.A.1917A, 410. 
 
 BUILDING MATERIALS. 
 
 1. Generally. 
 
 Liability on contractor's bond for, see 
 
 BONDS, 10. 
 Mechanics' lien for, see MECHANICS' LIENS. 
 
 Building materials not actually attached to 
 land as fixtures. 69 L.R.A. 898; 15 
 L.R.A.(N.S.) 727. 
 
 Doctrine of "attractive nuisance" as implied 
 to injury from. 19 L.R.A.(N.S.) 1129. 
 
 2. In street. 
 
 Obstruction of street by. 14 L.R.A. 560; 
 
 19 L.R.A. 643. 
 
 Right of abutting owner to deposit, in 
 
 street. 19 L.R.A. (N.S.) 610. 
 Municipal liability for injury by, in street. 
 
 20 L.R.A.(N.S.) 655; 46 L.R.A. (N.S.) 
 330. 
 
 Duty of municipality to guard building ma- 
 terial in street. 3 L.R.A. (N.S.) 386. 
 
 BUILDING PERMIT. 
 
 See BUILDINGS, 2. 
 
 BUILDING RESTRICTIONS. 
 
 See COVENANTS, 5-7, 21-25. 
 
 BUILDINGS. 
 
 I. Statutory and municipal regula- 
 tions, 1-6. 
 II. Private rights and liabilities, 
 7-13. 
 
 Public buildings, see PUBLIC BUILDINGS. 
 
 Erection of buildings in squares, parks, or 
 commons as a diversion. 50 L.R.A 
 (N.S.) 466. 
 
 I. Statutory and municipal regulations. 
 
 % 1. Generally. 
 
 Constitutionality of statutes as to, see CON 
 
 STTTUTIONAL LAW, 54. 
 Regulations as to garage, see GAEAGE. 
 Consult also L.R.A. Digests of Cases. 
 
 BUILDINGS, I. cont'd 
 
 Municipal control over buildings as nui- 
 sances, see MUNICIPAL CORPORATIONS, 
 38. 
 
 Police power of municipal corporation over 
 school building within its limits. 47 
 L.R.A.(N.S.) 892. 
 
 Effect of building regulations on right to 
 lateral and subjacent support. 68 
 L.R.A. 680. 
 
 onstitutionality of police regulations con- 
 cerning. 16 L.R.A. 400. 
 
 Exercise of police power for esthetic pur- 
 poses. L.R.A.1917A, 1220. 
 
 Validity of statute or ordinance requiring 
 the lighting of private premises. L.R.A. 
 1918D, 688. 
 
 Validity of public restriction as to location 
 of mercantile business. L.R.A.1917F, 
 1060. 
 
 Delegation of municipal power as to. 20 
 L.R.A. 725. 
 
 Private action for violation of building law. 
 9 L.R.A.(N.S.) 376; L.R.A.1915E, 541. 
 
 2. Building permit. 
 
 Power of municipality to require permit 
 to construct or repair buildings within 
 its limits. 13 L.R.A.(N.S.) 737. 
 
 Revocation of municipal license for. I 
 L.R.A.(N.S.) 458. 
 
 3. Restrictions on height of. 
 
 Constitutionality of statute or ordinance 
 limiting height of. 23 L.R.A.(N.S.) 
 1160; L.R.A.1918C, 78. 
 
 3a. Building line. 
 
 Power to establish building line. 42 L.R.A. 
 
 (N.S.) 1123; 44 L.R.A. (N.S.) 1030; 
 L.R.A.1915C, 981. 
 
 4. Fire limits. 
 
 Injunction by municipality against wooden 
 buildings. 41 L.R.A. 328. 
 
 Municipal control over wooden and frame 
 buildings as nuisances. 38 L.R.A. 170. 
 
 Power of municipality granting permission 
 to build or repair wooden building with- 
 in fire limits to limit the time of tte 
 continuance of the structure. 18 L.R.A- 
 (N.S.) 402. 
 
 What is a sufficient" compliance with ordi- 
 nance requiring buildings to be con- 
 structed of noncombustible material. 
 2 L.R.A.(N.S.) 483. 
 
 Moving building within fire limits as viola- 
 tion of prohibition against erection 
 within such limits. 24 L.R.A. (N.S.) 
 457. 
 
 Power to prohibit or restrict repair of 
 wooden buildings within fire limits. 
 51 L.R.A. (N.S.) 62. 
 
 Power to require removal, or to prohibit 
 repairs, of wooden building within fire 
 limits when damaged or partially de- 
 stroyed by fire. 21 L.R.A. (N.S.)* 454. 
 
 Remodeling, reconstructing, or augmenting 
 building as construction or erection 
 within fire-limit statute or ordinance. 
 26 L.R.A.(N.S.) 120.
 
 138 
 
 INDEX TO L.R.A. NOTES. 
 
 BUILDINGS, I. cont'd 
 
 What constitutes repair, reconstruction, al- 
 teration, etc., of building within fire- 
 limit statute or ordinance. 26 L.R.A. 
 (N.S.) 124. 
 
 1'rivate action for violation of statute as to 
 fire limits. 9 L.R.A.(N.S.) 381. 
 
 5. Fire escapes. 
 
 Change of ordinance requiring fire escapes 
 .it'tcr compliance therewith. 2 L.R.A. 
 
 VS.) 398. 
 
 Conclusiveness of official certificate approv- 
 ing fire escapes. 1 L.R.A. (N.S.) 1091. 
 Liability for absence or condition of, to 
 tenant of part of premises. 23 L.R.A. 
 157. 
 
 Effect of lack of fire escapes on liability of 
 
 tenant for rent. 39 L.R.A.(N.S.) 894. 
 
 Landlord's liability for injury to servant 
 
 of tenant by defects in. 'L.R.A.1916F, 
 
 1148. 
 
 Private action for violation of statute re- 
 quiring. 9 L.R.A. (N.S.) 379; L.R.A. 
 1915E, 544. 
 
 Violating ordinance as to fire escapes as 
 ground for private action. 5 L.R.A. 
 (N.S.) 261. 
 
 Liability for injuries caused by lack or in- 
 sufficiency of fire escapes. 15 
 L.R.A. 160; 10 L.R.A.(N.S.) 177; 
 21 L.R.A.(N.S.) 178: 39 L.R.A. 
 (N.S.) 744; L.R.A. 1917C, 1153. 
 
 0. Destruction of. 
 
 Effect of destruction generally on private 
 rights, see infra, 8. 
 
 Liability of city for destroying buildings to 
 
 stop spread of fire. 19 L.R.A. 197. 
 Municipal liability for destroying infected 
 
 house. 22 L.R.A.(N.S.) 1128. 
 Liability for destruction of, as a nuisance. 
 
 19 L.R.A. 198. 
 Limit of power of municipality to destroy 
 
 building as a nuisance. 38 L.R.A. 166. 
 
 77. Private rights and liabilities. 
 
 7. Generally. 
 
 Contracts for erection of, see BUILDING AND 
 CONSTRUCTION CONTRACTS. 
 
 Building materials, see BUILDING MATE- 
 RIALS. 
 
 Restrictive covenants as to, see COVENANTS, 
 5-7, 21-25. 
 
 Measure of damages for injury to, see DAM- 
 AGES, 73a. 
 
 As to dwellings generally, see DWELLINGS. 
 
 Encroachment of, see ENCROACHMENTS. 
 
 As fixtures, see FIXTURES. 
 
 As to flats, see FLATS. 
 
 Vacancy of insured building, see INSUR- 
 ANCE, 75, 86. 
 
 Insurance against fall of, see INSURANCE, 
 154. 
 
 Support of, see LATERAL SUPPORT; SUB- 
 JACENT SUPPORT; SUPPORT, 6. 
 
 Mechanics' lien on building, see MECHANICS' 
 LIENS. 
 
 Begin with this booJc on every law question. 
 
 BUILDINGS, II. cont'd 
 Party walls, see PARTY WALLS. 
 Walls of, see WALLS. 
 
 Liability of railroad for injury to person in- 
 building upon right of way. 50 L.R.A. 
 (X.S.) 1191. 
 
 Right of owner or lessee of mineral in place 
 to use surface for erection of. 48 
 L.R.A.(N.S.) 888. 
 
 On leased premises, mortgage on. 21 L.R.A. 
 347. 
 
 Presumption as to authority to place build- 
 ing on another's land. 9 L.R.A. (N.S.) 
 603. 
 
 Prescriptive right to maintain. 53 L.K.A. 
 901. 
 
 Compelling purchaser at judicial sale to 
 complete purchase where title to build- 
 ings is imperfect. 21 L.R.A. 48. 
 
 Separating and severing in taking property 
 under power of eminent domain. 57 
 L.R.A. 941. 
 
 Effect of placing buildings on land on ques- 
 tion of adverse possession. 33 L.R.A. 
 (N.S.) 934. 
 
 Import of word "addition" in policy of fire 
 insurance. 33 L.R.A. (N.S.) 156. 
 
 Right of life tenant to timber for. 37 L.R.A, 
 <N.S.) 765. 
 
 Right to maintain action for conversion of 
 buildings on land in another state or 
 country. 26 L.R.A. (N.S.) 940; 34 
 L.R.A.(N.S.) 994. 
 
 Relationship of owners of different floors. 
 3 L.R.A. (N.S.) 510. 
 
 Time for removal of, after revocation of 
 parol license. 2 L.R.A. (N.S.) 1002. 
 
 Land as appurtenance to. 15 L.R.A 652. 
 
 Covenants on division of building by sale of 
 part thereof. 38 L.R.A. (N.S./ 706. 
 
 When provision in conveyance as to erec- 
 tion of, regarded as condition subse- 
 . quent. 3 L.R.A. (N.S.) 741; 23 L.R.A. 
 (N.S.) 771. 
 
 Creation of easement of support by sever- 
 ance of tract of land. 26 L.R.A. ( N.S. i 
 364; L.R.A.1915C, 353. 
 
 Right to interfere with light and air by 
 building over right of way. 16 L.R.A. 
 (N.S.) 193. 
 
 Use for building of land dedicated for 
 squares, parks, or commons, as a di- 
 version. 25 L.R.A. (N.S.) 982; 50 
 L.R.A.(N.S.) 465. 
 
 Measure of damages for wrongful injunction 
 restricting erection of building. 39 
 L.R.A. (N.S.) 180. 
 
 8. Injury to, or destruction of. 
 
 Liability of municipality for destruction of,. 
 
 see supra, 6. 
 Criminal liability for setting fire to, see 
 
 ARSON. 
 
 Measure of damages, see DAMAGES, 73a. 
 Effect of destruction of buildings pending 
 
 contract for purchase of land, see- 
 
 VENDOR AND PURCHASER, 6.
 
 INDEX TO L.R.A. NOTES. 
 
 139 
 
 BUILDINGS, II. cont'd 
 
 Scope and effect of constitutional or statu- 
 tory provision exempting buildings 
 from condemnation proceedings. L.R.A. 
 1916A, 1099. 
 
 Liability for damages caused by filling 
 space between building and wall of ad- 
 joining building. L.R.A.1616D, 765. 
 
 Liability in absence of negligence for dam- 
 ages to from substances thrown in 
 blasting. 17 L.R.A. 220; 34 L.R.A. 
 (N.S.) 211; L.R.A.1917A, 1016. 
 
 Destruction of building as a nuisance. 38 
 L.R.A. 166. 
 
 Who must bear loss occasioned by destruc- 
 tion of building in process of erection 
 or repair. 5 L.R.A. (N.S.) 1105; 22 
 L.R.A.(N.S.) 364; L.R.A.1917D, 1011. 
 
 Effect of destruction of building to termi- 
 nate adjoining owner's easement of sup- 
 port. 19 L.R.A. (N.S.) 883; 46 L.R.A. 
 (N.S.) 1021. 
 
 9. Duty and liability as to condition 
 of. 
 
 Duty and liability as to condition of fire 
 
 escapes, see supra, 5. 
 Negligence as to condition of, see LANDLORD 
 
 AND TENANT, TV. d; NEGLIGENCE. 
 Precipitation of water from, see WATEKS, 
 
 54. 
 
 Liability of county for injury to real prop- 
 erty on account of condition of build- 
 ing's. 39 L.R.A. 70. 
 
 Liability of vendor to purchaser on account 
 of unsanitary conditions. 34 L.R.A. 
 (N.S.) 1035. 
 
 Liability of municipal corporation for tort 
 in connection with buildings used by it. 
 25 L.R.A. (N.S.) 88. 
 
 Municipal liability for injuries from defects 
 in building used for convenience or 
 pleasure of its inhabitants. L.R.A. 
 1917E, 695. 
 
 To whom is the duty to keep office building 
 in proper condition, owing. 26 L.R.A. 
 (N.S.) 1213. 
 
 Imputing to master coservant's negligence 
 in respect to dangers incident to demo- 
 lition of. 54 L.R.A. 140. 
 
 Negligence as to electric wires on or in 
 buildings. 32 L.R.A. 400. 
 
 Right to interfere with wires of public 
 service corporation in moving house 
 along a street. 14 L.R.A. (N.S.) 448. 
 
 10. individual liability for falling 
 building. 
 
 Liability of owner or occupier. 34 L.R.A. 
 557. . 
 
 Building in possession of contractor. 34 
 L.R.A. 558. 
 
 Liability for injury to person in street. 
 34 L.R.A. 559. 
 
 Liability for injury to person on adjoin- 
 ing property. 34 L.R.A. 560. 
 
 Liability for injury to person on property. 
 34 L.R.A. 561. 
 
 Xeglect to comply with covenants in lease. 
 34 L.R.A. 562 
 
 Illegal building. 34 L.R.A. 562. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BUILDINGS, II. cont'd 
 
 Liability of firemen. 34 L.R.A. 562. 
 
 Act of third person. 34 L.R.A. 563. 
 
 Vis major. 34 L.R.A. 563. 
 
 Fire. 34 L.R.A. 563. 
 
 Contributory negligence. 34 L.R.A. 563. 
 
 Liability of landlord to third person. 26 
 
 L.R.A. 200. 
 Liability of landowner for fall of wall or 
 
 building left standing after fire. 
 
 L.R.A.1915C, 704. 
 
 11. Liability for negligence of imle- 
 pendent contractor working on. 
 
 Persons engaged in construction oi. as inde- 
 pendent contractors. 65 L.R.A. 462, 
 486, 492. 
 
 Persons engaged in demolition of, as inde- 
 pendent contractors. 65 L.R.A. 486. 
 
 Employer's nonliability for acts of inde- 
 pendent contractor in work on. 65 
 L.R.A. 643. 
 
 Employer's % nonliability for torts of inde- 
 pendent contractor in construction of. 
 65 L.R.A. 648. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in repair, recon- 
 struction or demolition of. 65 L.R.A. 
 649. 
 
 Employer's liability for acts of independent 
 contractor in erection of, when danger- 
 ous to persons using highways. 65 
 L.R.A. 843. 
 
 Liability of contractor to third person for 
 defect in his work after completion 
 and acceptance. 32 L.R.A. (N.S.) 968; 
 L.R.A.1915E, 766. 
 
 12. Contributory negligence of per- 
 son injured. 
 
 Contributory negligence in walking through 
 open doorway in. 24 L.R.A. (N.S.) 246; 
 L.R.A.1917D, 892. 
 
 Forgetfulness of defects in, by person in- 
 jured, as contributory negligence. 39 
 L.R.A. (N.S.) 899. 
 
 13. Moving of. 
 
 Right to interfere with wires of public serv- 
 ice corporation while moving. 14 
 L.R.A.(N.S.) 448; L.R.A.1917C, 774. 
 
 BULK. 
 
 Sales in bulk, see FRAUDULENT CONVEY- 
 ANCES, la. 
 
 BULLETIN BOARDS. 
 
 Publication by, of matters derogatory to 
 parties to litigation as contempt of 
 court. 2 B. R. C. 498. 
 
 BURDEN OF PROOF. 
 
 See EVIDENCE, III.
 
 140 
 
 INDEX TO L.R.A. NOTES. 
 
 BURGESS. 
 
 Liability to civil action for acts of judicial 
 nature. 44 L.R,A.(N.S.) 164. 
 
 BURGLARY. 
 
 1. Generally. 
 
 Indictment for, see INDICTMENT, INFORMA- 
 TION, AND COMPLAINT, 15. 
 
 Insurance against, see INSURANCE, 220. 
 
 Effect of provision in accident insurance 
 policy exempting insurer or limiting 
 its liability in case of injury inten- 
 tionally inflicted by another, where in- 
 juries are inflicted by bu-glars. 48 
 LJELA.(KJ8.) 628. 
 
 What are burglar's tools within statute for- 
 bidding possession of such tools. 60 
 L.R.A.(N.S.) 825. 
 
 Homicide in attempting to prevent. 67 
 L.R.A. 534. 
 
 Absence from the scene of homicide as af- 
 fecting the responsibility of a pa^rty to 
 a common design to commit burglary. 
 L.R.A.1918B, 75. 
 
 Instigation to commit. 25 L.R.A. 342; 51 
 
 L,R.A.(N.S.) 828. 
 
 Several offenses growing out of same facts. 
 31 L.R.A.(N.S.) 727. 
 
 Necessity and sufficiency of description of 
 
 BURGLARY cont'd 
 
 Where value of goods sought is so small 
 that their larceny would not be a fel- 
 ony. 34 L.R.A. (N.S.) 245. 
 
 Pleading and proving value. 34 L.R.A. 
 (N.S.) 246. 
 
 3. Liability for. 
 
 Criminal liability for agent's acting. 41 
 
 L.R.A. 652. 
 Criminal liability of children for. 36 L.R.A. 
 
 201. 
 Liability of one assisting in, during which 
 
 his companion commits murder. 6 
 
 L.R.A.(N.S.) 1154. 
 
 4. Defenses. 
 
 Kleptomania as defense to. 43 L.R.A. (N.S.) 
 150. 
 
 Intoxication as defense to burglary. 36 
 L.R.A. 470; L.R.A.1918A, 1168. 
 
 Instigation of offense as a defense to prose- 
 cution. 30 L.R.A. (N.S.) 951; 51 L.R.A. 
 (N.S.) 827. 
 
 5. Evidence. 
 
 Evidence of other crimes in prosecution for. 
 62 L.R.A. 236, 285, 317, 324. 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence on prosecution 
 for. 69 L.R.A. 197, 207. 
 
 Proof of corpus delicti in. 68 L.R.A. 41, 
 70, 71, 72, 73. 
 
 Possession of recently stolen property as evi- 
 
 offense in bail bond or recognizance, 
 L.R.A.(N.S.) 315. 
 Character of occupation by servant in case 
 
 of. 4 L.R.A.(N.S.) 727. 
 Burglary by going upon piazza. 46 L.R.A. 
 
 (N.S.) 999. 
 Burglary by raising window already partly 
 
 open. 17 L.R.A.(N.S.) 1102. 
 Burglary by forcing screen door or window. 
 17 L.R.A.(N.S.) 1100; 38 L.R.A. (N.S.) 
 770. 
 Burglary by pushing open door already 
 
 partly open. 47 L.R.A.(N.S.) 717. 
 Breaking as affected by defendant's author- 
 ity to enter building. L.R.A. 
 1915D, 1015. 
 
 Breaking out as the equivalent of break- 
 ing in for purposes of burglary or 
 housebreaking. L.R.A.1915D, 972. 
 Acquittal or conviction upon a charge of 
 burglary or feloniously entering with 
 intent to steal goods of a certain per- 
 son as a bar to a subsequent prosecu- 
 tion based on the same entry, but 
 charging intent to steal the property 
 of another person. L.R.A.1915C, 627. 
 Procuring or providing instrumentalities for 
 commission of, as attempt to commit. 
 6 L.R.A.(N.S.) 804. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 570; L.R.A.1915C, 566. 
 
 2. As affected by value of goods taken 
 or sought to be taken. 
 
 Where building empty, or chattel sought 
 
 not there. 34 L.R.A.(N.S.) 243. 
 Where goods sought not valuable. 34 
 L.R.A.(X.S.) 244. 
 
 23 
 
 dence of. 12 L.R.A. (N.S.) 199. 
 Right of one to testify as to his intent. 
 
 L.R.A.(N.S.) 390. 
 Right to admit evidence of value to assess 
 
 punishment. 34 L.R.A. (N.S.) 249. 
 
 BURIAL. 
 
 1. Generally. 
 
 Funeral expenses, see FUNEBAI, EXPENSES. 
 Injunction as to, see INJUNCTION, 75. 
 See also BURIAL LOT; CEMETERIES; CORPSE. 
 
 Rights and duties in regard to. 14 L.R.A. 
 
 85. 
 Prescriptive right with respect to burial of 
 
 dead. 53 L.R.A. 895. 
 Burial insurance and funeral benefits. 23 
 
 L.R.A.(N.S.) 197. 
 Injunctive relief as to burials. 3 L.R.A. 
 
 (N.S.) 481. 
 
 2. Regulation of. 
 
 Regulation of. 27 L.R.A. (N.S.) 260. 
 Municipal regulation of burial, as nuisance. 
 
 38 L.R.A. 327. 
 Constitutionality of restriction on business 
 
 of undertaking. 23 L.R.A.(N.S.) 147. 
 Improper burial or lack "of proper funeral 
 
 services as a criminal offense. 42 
 
 L.R.A. (N.S.) 211. 
 
 BURIAL GROUND. 
 
 CEMETERIES.
 
 INDEX TO L.R.A. NOTES. 
 
 141 
 
 BURIAL INSURANCE. 
 
 See INSURANCE, 219. 
 
 BURIAL LOT. 
 
 Character of owner's estate or property in, 
 see CEMETERIES, 2. 
 
 Assessment for street improvement against. 
 
 L.R.A.1918A, 157. 
 Liability of decedent's estate for. 33 
 
 L.R.A. 666. 
 Allowance for burial lot against deceased's 
 
 estate. 28 L.R.A. (N.S.) 572. 
 Prescription or adverse possession of. 40 
 
 L.R.A.(N.S.) 752. 
 Validity of testamentary provision for 
 
 erection of monument, or for the care 
 
 and maintenance of tombs, burial 
 
 grounds, etc. 1 B. R. C. 931. 
 Right to specific performance of contract 
 
 to convey real estate as affected by 
 
 attempted reservation of. 41 L.R.A. 
 
 (N.S.) 384. 
 
 BURIAL PERMIT. 
 
 See CORPSE, 4. 
 
 BURNING. 
 
 Cancelation of wills by, see WILLS, 39, 
 
 40. 
 See also ARSON. 
 
 BURNING FLUIDS. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 BURNT RECORDS. 
 
 Destruction of record of deed or mortgage 
 as affecting constructive notice import- 
 ed thereby. 23 L.R.A. (N.S.) 1180. 
 
 BUSINESS. 
 
 1. Generally. 
 
 Rights of bank to do, see BANKS, 2. 
 
 As to business name, see NAME, 9. 
 
 Equality of business privileges, see CONSTI- 
 TUTIONAL LAW, 22. 
 
 Constitutionality of restrictions on, see 
 CONSTITUTIONAL LAW, 24. 
 
 Constitutionality of statutes regulating, see 
 CONSTITUTIONAL LAW, 39-176. 
 
 Contracts in restraint of competition in, see 
 CONTRACTS, 107-109, 117, 118; 
 MONOPOLIES AND COMBINATIONS. 
 
 Consult also L.R.A. Digests of Cases. 
 
 BUSINESS cont'd 
 
 Doing of by foreign corporation, see COBPO- 
 
 RATIONS, 145-148. 
 Good will of, see GOOD WILL. 
 Efl'ect of suspension of, on insurance, see 
 
 INSURANCE, 76. 
 Municipal regulation of, see LICENSE, II; 
 
 MUNICIPAL CORPORATIONS, 42-50. 
 
 What constitutes. 14 L.R.A. 530. 
 
 Admissibility of books of account to prove 
 course of. 52 L.R.A. 708. 
 
 Patentability of method of transacting busi- 
 ness apart from the means for carrying 
 it out. 24 L.R.A. (N.S.) 665. 
 
 Appropriations of public funds for business 
 enterprise. 14 L.R.A. 478. 
 
 Kinds of business affected with a public 
 interest subjecting them to regulation 
 and control in respect to rates or prices. 
 6 L.R.A.(N.S.) 834. 
 
 Right of attorney at law to solicit. 9 
 L.R.A.(N.S.) 282; 33 L.R.A. (N.S.) 
 941; L.R.A.1917B, 1128. 
 
 Validity and effect of statute requiring de- 
 posit of securities by loan association 
 as prerequisite to right to transact. 9" 
 L.R.A.(N.S.) 461. 
 
 Personal representative, testamentary 
 trustee or guardian carrying on busi- 
 ness. 40 L.R.A.(N.S.) 201. 
 
 Employer's duty to employee to continue 
 in. 6 L.R.A.(N.S.) 807. 
 
 Mutuality of accepted proposition to fur- 
 nish such materials as one needs in his 
 business. 11 L.R.A.(N.S.) 713; 43 
 L.R.A.(N.S.) 730; L.R.A.1918E, 296. 
 
 Power of municipality to grant or lease 
 space on street or sidewalk for busi- 
 ness purposes. 25 L.R.A.(N.S.) 400. 
 
 Ability to transact business as affecting 
 testamentary capacity. 27 L.R.A. 
 (N.S.) 49; L.R.A.1915A, 456. 
 
 Liability of one who sells business for sup- 
 plies subsequently furnished therefor 
 on credit while it is being conducted 
 under the same name. L.R.A.1915F, 
 711. 
 
 Right of municipal corporation to engage in 
 enterprise generally regarded as of pri- 
 vate character. 51 L.R.A. (N.S.) 1143. 
 
 Conducting business in violation of law as 
 affecting contract for its sale. 45 
 L.R.A. (N.S.) 810. 
 
 Constitutionality of laws prohibiting carry- 
 ing on of employments or occupations 
 upon certain premises. 44 L.R.A. 
 (N.S.) 46. 
 
 Recovery of damages for mental anguish in 
 case of business telegrams. 49 L.R.A. 
 (N.S.) 238. 
 
 What passes under devise or bequest of. 
 L.R.A.1917D, 435. 
 
 Expenses of business as a family expense or 
 necessary within statute rendering wife 
 or her property liable therefor. L.R.A. 
 1917F, 863. 
 
 Parol evidence of agreement by vendor of, 
 not to re-engage therein where some 
 part of the agreement has been reduced 
 to writing. L.R.A.1917B, 276.
 
 INDEX TO L.R.A. NOTES. 
 
 BUSINESS cout'd 
 
 2. Injury to. 
 
 Conspiracy to injure business, see CONSPIR- 
 ACY, 'II. 
 
 M.a-un- of damages for injury to, see 
 DAMAGES, 01, 81, 88, 111. 
 
 Injunction against interference with, Bee 
 INJUNCTION. 
 
 Libel or slander injurious to, see LIBEL AND 
 SLAXDEB, 14-20, 24-27. 
 
 Municipal control over nuisance relating 
 to, see MUNICIPAL CORPORATIONS, 39. 
 
 A.- to unfair competition in, see UNFAIR 
 COMPETITION. 
 
 Injunction by municipality against nui- 
 sance relating to. 41 L.R.A. 326. 
 
 Liability for damage to business by injur- 
 ing tangible property of other party. 
 64 L.R.A. 94. 
 
 Liability of individual in absence of any 
 element of conspiracy for driving away 
 another's customers. 22 L.R.A.(N.S.) 
 1224; L.R.A.1915B, 1180. 
 
 Validity of agreement at common law by 
 which employer seeks to direct the 
 trade of his employees to other party. 
 24 L.R.A.(N.S.) 649. 
 
 Distinction between indirectly securing 
 specific performance and preventing in- 
 jury to business as affecting necessity 
 that services be unique, to warrant in- 
 junction against breach of covenant 
 not to enter another's employment. 35 
 L.R.A.(N.S.) 119. 
 
 Liability of user of electricity for inter- 
 ference with the business of another 
 resulting from induction or from use 
 of earth as a return electric circuit. 
 2 B. R. C. 129. 
 
 Effect of bad motive on liability for injury 
 to. 62 L.R.A. 694. 
 
 Landlord's interference with business rela- 
 tions between tenant and third persons. 
 L.R.A.1916B, 815. 
 
 Right of physician to complain of regula- 
 tions of beneficial association or em- 
 ployer as to employment of physician. 
 L.R.A.1916B, 839. 
 
 Injury to one's business or interests as 
 ground for an injunction against an il- 
 legal business establishment not di- 
 rectly affecting other property. 45 
 L.RJUN.S.) 827. 
 
 BUSINESS ESTABLISHMENT. 
 
 Name of as part of good will, see GOOD 
 WILL, | 5. 
 
 BUSINESS NAME. 
 
 In general, see NAME, 9. 
 
 Transfer of trademark consisting of, by 
 bankruptcy or insolvency assignment. 
 46 L.R.A. 541. 
 
 BUTCHERS. 
 
 Butcher as peddler or hawker. L.R.A. 
 1!)1GB, 1296. 
 
 Validity of restrictive agreement ancillary 
 to sale of business of. 24 L.R.A.(N.S.) 
 929; L.R.A.19160, 630. 
 
 Discrimination against nonresidents by stat- 
 ute or municipal ordinance imposing 
 license tax on. 40 L.R.A. (N.S.) 291. 
 
 BUTTER. 
 
 Imitation butter, see FOOD, 9. 
 
 BY-LAWS. 
 
 Of benevolent society, see BENEVOLENT SO- 
 CIETIES, 4. 
 
 Of building and loan association, see BUILD- 
 ING AND LOAN ASSOCIATIONS, 3. 
 
 Of corporation, see CORPORATIONS, 20- 
 22. 
 
 Of insurance companies, see INSURANCE, 
 46, 47. 
 
 Of municipality, see MUNICIPAL CORPO- 
 RATIONS, 52. 
 
 Reasonableness of, see REASONABLENESS, 
 7. 
 
 Of savings bank as affecting liability for 
 payments to fraudulent claimants. 69 
 L.R.A. 318. 
 
 BYSTANDERS. 
 
 As grand jurors. 28 L.R.A. 203. 
 
 Statements of, as res gestae. 20 L.R.A. 
 (N.S.) 133; 33 L.R.A.(N.S.) 109; 42 
 L.R.A.(N.S.) 948. 
 
 Accidental killing of, by shooting in self- 
 defense. 2 L.R.A.(N.S.) 719. 
 
 Liability of sureties on bond of peace officer 
 for latter's act in killing or injuring 
 one person while attempting to execute 
 criminal process on another. 29 L.R.A. 
 (N.S.) 463. 
 
 Liability for injury to bystander watching 
 progress of work. L.R.A.1916F, 117. 
 
 BYWAYS. 
 
 Taking of property for as a public use. 22 
 
 Begin with this booJc on every law question. 
 
 L.R.A. (N.S.) 102.
 
 INDEX TO L.R.A. NOTES. 
 
 CABINET. 
 
 CAMPHEXE. 
 
 What passes under bequest of contents of. ! Keeping of, on insured premises. L.R.A. 
 L.R.A.1915C, 655, 661. 1917C, 278. 
 
 CABLE. 
 
 Obstruction of navigation bv, liability for. 
 
 59 L.R.A. 75. 
 Application of res ipsa loquitur in case of 
 
 injury to servant by breaking of. L.R.A. 
 
 1917E, 239. 
 
 CABLE RAILROAD. 
 
 As additional servitude in street. 36 L.R.A. 
 
 (N.S.) 721. 
 
 CABOOSE. 
 
 Hiding on top of as contributory negligence. 
 30 L.R.A. (N.S.) 425. 
 
 CABS. 
 
 See HACKS. 
 
 CADAVER. 
 
 See CORPSE. 
 
 CAFES. 
 
 -Liability for serving unfit food. 40 L.R.A. 
 (N.S.) 480; L.R.A.1915B, 481. 
 
 CALABOOSE. 
 
 Xiability of municipality for injuries by 
 confinement in unfit calaboose. 2 
 L.R.A.(N.S.) 95. 
 
 CALLS. 
 
 On corporate stock, see CORPORATIONS, 
 109-111. 
 
 CAMPAIGN FUNDS. 
 
 Actionability of statement as to, see LIBEL 
 
 A^D SLANDER 21. 
 Consult also L.R.A. Digests of Cases. 
 
 CANALS. 
 
 1. Generally. 
 
 Condemnation of land for, see EMINENT 
 DOMAIN, 20. 
 
 Municipal liability for using canal as 
 sewer outlet. 61 L.R.A. 696. 
 
 Boundary on. 51 L.R.A. 179. 
 
 As navigable water. 22 L.R.A.(N.S.) 435. 
 
 Railroad on land taken for canal as addi- 
 tional servitude. 36 L.R.A. (N.S.) 731. 
 
 2. Construction and operation of. 
 
 Persons engaged in construction of, as in- 
 dependent contractors. 65 L.R.A. 488. 
 
 Use of navigable stream as. 67 L.R.A. 850. 
 
 Taking of property for, as a public purpose. 
 22 L.R.A.(N.S.) 152. 
 
 As public improvement. 61 L.R.A. 833. 
 
 Acquisition of rights. 61 L.R.A. 834. 
 
 Extent of title. 61 L.R.A. 838. 
 
 Compensation. 61 L.R.A. 841. 
 
 Remedy. 61 L.R.A. 846. 
 
 Other matters. 61 L.R.A. 848. 
 
 Location. 61 L.R.A. 849. 
 
 Use of. 61 L.R.A. 850. 
 
 As highway. 61 L.R.A. 850. 
 
 Other uses. 61 L.R.A. 852. 
 
 Injury by construction and use. 61 L.R.A. 
 858. 
 
 Duty to patrons. 61 L.R.A. 862. 
 
 Duty of canal company to maintain and 
 operate canal. L.R.A.1917F, 789. 
 
 Adjuncts to canal. 61, L.R.A. Sliu. 
 
 Rights of owner. 61 L.R.A. 868. 
 
 Abandonment and transfer. 61 L.R.A. 871. 
 
 Repair and improvement. 61 L.R.A. 876. 
 
 Riparian rights. 61 L.R.A. 877. 
 
 Prescription. 61 L.R.A. 877 
 
 Legislative regulation ox tolls on. 33 
 L.R.A. 180. 
 
 Necessity of franchise for taking tolls on. 
 37 L.R.A. 715. , 
 
 Specific performance of agreement for 
 maintenance of easement for. 49 
 L.R.A. 519. 
 
 Reciprocal easements as to artificial water 
 rights. 17 L.R.A.(N.S.) 945. 
 
 Liability of counties for injury to real prop- 
 erty from. 39 L.R.A. 69. 
 
 Claims against state for injuries on. 42 
 L.R.A. 65. 
 
 Personal liability of canal commissioners 
 for negligence. 22 L.R.A. 834. 
 
 When does statute of limitations commence 
 to run against action for damages 
 caused by seepage from canal. 23 
 L.R.A.(N.S.) 795. 
 
 Allowance of interest on damages to prop- 
 erty caused by negligent construction 
 of. 18 L.R.A. 454.
 
 144 
 
 INDEX TO L.R.A. NOTES. 
 
 CANALS cont'd 
 
 Occupancy of locks. 4 L.R.A. (N.S.) 717. 
 
 Duty as to establishment and maintenance 
 of bridges over canals for use of ad- 
 joining owners. L.R.A.1915E, 687. 
 
 OANCELATION OP INSTRUMENTS. 
 
 1. Generally. 
 
 Of contracts generally, see CONTRACTS, 
 
 149-156. 
 Jurisdiction of suit for, see EQUITY, 15, 
 
 15a. 
 Of insurance policy, see INSURANCE, 49- 
 
 52. 
 Of liquor license, see INTOXICATING LIQUOES, 
 
 15. 
 
 Of judgment, see JUDGMENT, 77. 
 Revocation of will by, see WILLS, 39, 40. 
 
 Eight to have record of arrest canceled. 
 L.R.A.1917E, 777. 
 
 Cancelation of will upon making a new will 
 or with the intent to make a new will. 
 6L.R.A.(N.S.) 1107; L.R.A.1918A, 914. 
 
 Conclusiveness of decision of the Land De- 
 partment canceling a patent or a cer- 
 tificate of entry. L.R.A.1918D, 634. 
 
 Rights and liabilities of one claiming pub- 
 lic land under final certificate in event 
 of its cancelation. L.R.A.1918E, 1002. 
 
 Of bonus stock. 38 L.R.A. 494. 
 
 Alteration of instrument by cancelation of 
 material provision without substituting 
 new matter. 32 L.R.A.(N.S.) 519. 
 
 Effect of cancelation of delivered but unre- 
 corded deed. 18 L.R.A.(N.S.) 1167; 
 34 L.R.A.(N.S.) 495; L.R.A.1918F, 402. 
 
 Effect of failure to cancel stamp on instru- 
 ment. 48 L.R.A. 305. 
 
 Reimbursement of taxes paid by purchaser 
 as condition of cancelation of invalid 
 tax title. L.R.A.1915C, 492. 
 
 2. Grounds for. 
 
 Mistake of law as to effect of instrument 
 as ground of. 28 L.R.A.(N.S.) 785. 
 
 May deed of real property executed by an 
 incompetent not judicially declared such 
 be avoided in an action at law. 19 
 L.R.A.(N.S.) 461. 
 
 Right to cancelation of contract made with 
 foreign corporation because it has not 
 complied with the laws entitling it to 
 do business within the state. 21 L.R.A. 
 (N.S.) 707. 
 
 Creditor's right to have satisfaction of judg- 
 ment canceled where the property levied 
 on or its proceeds is returned to the 
 debtor as exempt, or to a third person 
 who establishes a claim thereto. 11 
 L.R.A.(N.S.) 396. 
 
 Relief of grantor in conveyance in considera- 
 tion of agreement to support, which is 
 broken by grantee. 43 L.R.A.(N.S.) 
 916; L.R.A.1917D, 627. 
 
 Right of maker or indorser of bill or note 
 for illegal consideration to cancelation 
 thereof. L.R.A.1918D, 941. 
 
 CANCELATION OF INSTRUMENTS 
 
 cont'd 
 3. fraud. 
 
 Jurisdiction of equity to cancel instrument 
 on ground of fraud, see EQUITY, 15a. 
 Of deeds, see DEEDS, 33, 33a. 
 
 Power of equity to take jurisdiction of suit 
 to cancel insurance policy for fraud. 48 
 L.R.A.(N.S.) 265. 
 
 Undue influence in conveyance or transfer 
 of property in consideration of support 
 of the grantor or a third person. 52 
 L.R.A.(N.S.) 476. 
 
 CANDIDATES. 
 
 As to nominations for office generally, see 
 
 ELECTION, 25, 26. 
 Libel or slander of, see LIBEL AND SLANDEB, 
 
 21. 
 
 Discrimination as to, in primary election 
 laws. L.R.A.1917A, 263. 
 
 Validity of agreements made in consider- 
 ation of withdrawal of candidacy for 
 office. 37 L.R.A.(N.S.) 289. 
 
 Constitutionality of primary election laws 
 imposing new restrictions or qualifi- 
 cations on. 22 L.R.A. (N.S.) 1142; 
 L.R.A.1917A, 262. 
 
 Right of candidate receiving next highest 
 number of votes in event person receiv- 
 ing highest number is ineligible. 34 
 L.R.A.(N.S.) 240. 
 
 Power to determine eligibility to office of 
 one nominated at primary election. 39 
 L.R.A.(N.S.) 826. 
 
 CANNON. 
 
 Negligence in discharge of, in street. 
 L.R.A.(N.S.) 759. 
 
 CANVASSERS. 
 
 Book canvasser as hawker or peddler with- 
 in statutory or municipal regulations. 
 L.R.A.1916B, 1299. 
 
 CANVASSING. 
 
 Of votes, see ELECTIONS, 18. 
 
 Discrimination against nonresidents by stat- 
 ute or ordinance as to licensed can- 
 vassers. 40 L.R.A. (N.S.) 289. 
 
 Begin with this book on every law question. 
 
 CAPACITY. 
 
 To make contract, see CONTRACTS, 24. 
 
 To make will, see WILLS, III. e. 
 
 In general, see INCOMPETENT PERSONS.
 
 INDEX TO L.R.A. NOTES. 
 
 145 
 
 CAPACITY cont'd 
 
 Right of court to hold as matter of law 
 
 that child of tender years is incapable 
 
 of rendering valuable services. 41 
 
 L.R.A. (N.S.) 795. 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 688. 
 
 CAPIAS AD RESPONDENDTJM. 
 
 See EXECUTION, 18. 
 
 CAPIAS AD SATISFACIENDUM. 
 
 See EXECUTION, 18. 
 
 CAPITALi. 
 
 Of corporation, see COBPOBATIONS, VIII. 
 Taxation of, see TAXES, 36. 
 
 Prevention of illegal removal of state capi- 
 
 tal. 34 L.R.A. (N.S.) 380. 
 Creation of partnership by provision for 
 
 taking profits from investment of, as 
 
 compensation. 18 L.R.A. (N.S.) 1047. 
 Right to grade license tax according to 
 
 amount of capital employed. 17 L.R.A. 
 
 (N.S.) 898; 49 L.R.A. (N.S.) 955. 
 Tax on capital stock as within covenant in 
 
 lease, sublease or assignment of lease 
 
 as to payment of taxes and assessments. 
 
 L.R.A.1915A, 342. 
 
 CAPITAL CASE. 
 
 Bail in, see BAIL AND RECOGNIZANCE, la. 
 Execution of death sentence in, see CRIMI- 
 NAL LAW, 75. 
 
 Statute allowing plea of guilty in. 16 
 
 L.R.A. 358. 
 Duty of court before accepting plea of 
 
 guilty. 22 L.R.A.(N.S.) 463. 
 Permitting separation of jury in. 24 L.R.A 
 
 (N.S.) 776. 
 
 CAPITALIZATION. 
 
 Valuation of property of public service cor 
 poration for purpose of, or considera 
 tion of capitalization In determining 
 value of property, see Public Service 
 Corporation, 5. 
 
 Of earnings in ascertaining value of pub 
 lie service property. 48 L.R.A. (N.S.) 
 1109; L.R.A.1916F, 655. 
 
 CAPITAL PUNISHMENT. 
 
 As cruel and unusual punishment. L.R.A. 
 1915C, 561. 
 
 CAPTAIN. 
 
 Whose servants crew of chartered vessel 
 are where charterer is captain of the 
 ship. 37 L.R.A. 58. 
 
 CAPTURE. 
 
 See PRIZE AND CAPTURE. 
 
 CARBON COPIES. 
 
 Copies of document made by mechanical 
 means as original. 12 L.R.A. (N.S.) 
 343. 
 
 CARBON DISULPHIDE. 
 
 Liability for injury to employee by explo- 
 sion of. L.R.A.1918B, 864. 
 
 CARBON OIL.. 
 
 Keeping of, on insured premises. L.R.A. 
 19170, 278. 
 
 CARCASS. 
 
 See CORPSE; DEAD ANIMALS. 
 
 CARD GAME. 
 
 Card game for drinks, cigars, or other 
 trivial stakes as gambling or gaming. 
 L.R.A.1918A, 1068. 
 
 CARD GAME PARAPHERNALIA. 
 
 As 
 
 gaming device. 17 L.R.A. (N.S.) 1210. 
 
 Consult also L.R.A. Digests of Cases. 10 
 
 CARD INDEX. 
 
 Admissibility of card index system of ac- 
 counts. L.R.A.1916B, 634. 
 
 Right of public to benefit of devices, data, 
 etc., made or prepared by officer or em- 
 ployee. L.R.A.1917B, 1183.
 
 146 
 
 INDEX TO L.R.A. NOTES. 
 
 CARD SHARP. 
 
 Refusal of innkeeper to accept or servt> i-.\n\ 
 sharp as a guest. 52 L.R.A. ( N.S. ) 
 744. 
 
 CARELESSNESS. 
 
 See NEGLIGENCE. 
 
 CARE TAKERS. 
 
 Character of occupancy of premises by. 4 
 
 L.R.A.(N.S.) 717.' 
 
 Authority of caretaker of building to con- 
 tract for services of other persons. 
 
 L.R.A.1918F, 17. 
 
 T>uty of carrier to caretaker accompanying 
 "shipment of livestock'. 31 L.R.A. (N.S.) 
 
 632. 
 Right of carrier to limit its liability to 
 
 caretakers accompanying shipment. 
 
 L.R.A.1916A, 623. 
 Liability of carrier to owner's caretaker for 
 
 condition of stock pens. 10 L.R.A. 
 
 (N.S.) 576. 
 
 CAR HOSTLERS. 
 
 As fellow servants. 52 L.R.A.(N.S.) 1094. 
 
 CAR HOUSE. 
 
 Right to use railroad right of way for. 
 L.R.A.(N.S.) 516. 
 
 36 
 
 CAR INSPECTORS. 
 
 As fellow servants. 50 L.R.A. 435, 457; 52 
 L.R.A.(N.S.) 1090, 1095, 1098. 
 
 CARMACK AMENDMENT. 
 
 In general, see CABBIEKS, 128-135. 
 
 As affecting state regulations as to stipula- 
 tions limiting liability of common car- 
 riers for loss of, or damage to, goods 44 
 L.R.A.(N.S.) 257; 50 L.R.A.(N.S.) 819. 
 
 CARNAL KNOWLEDGE. 
 
 See ABDUCTION ; ADULTERY; INCEST; LASCIV- 
 IOUS COHABITATION; LEWDNESS; PBOS- 
 TITUTION; RAPE; SEDUCTION; SODOMY. 
 
 CAR REPAIRERS. 
 
 As fellow sorvaj'ts. 52 L.R. \.CN\S.) 1100. 
 Begin u-itJi this book on every law question. 
 
 CARRANZA. 
 
 Effect of President's recognition of the Car- 
 ranza government. L.R.A.1917A, 280; 
 L.R.A.1918E, 361. 
 
 CARRIAGES. 
 
 Location of, as affecting insurance on. 26 
 
 L.R.A. 240. 
 Liability of joint owners of, for torts of 
 
 common servant. 51 L.R.A. (N.S.) 1116. 
 
 CARRIERS. 
 
 I. In general, 1. 
 II. Who are common carriers, 2. 
 
 III. Carriers of passengers and other 
 
 persons, 3-1OO. 
 
 a. In general, 3. 
 
 b. Rules and regulations of 
 
 carrier, 4. 
 
 c. Who are passengers, 5-9. 
 
 d. Misconduct toward, ' and 
 
 abuse of passenger gener- 
 ally, lO-lOa. 
 
 e. Assault or robbery, 11 
 
 14:. 
 
 f. Arrest; false imprisonment, 
 
 15-15a. 
 
 g. Tickets; conditions; fares, 
 
 16-29. 
 
 h. Ejection, 3O-35. 
 i. Performance of contract of 
 
 transportation, 36-48. 
 j. Personal injuries, 49-74. 
 
 1. In general, 49-53. 
 
 2. Ton-ard whom liable, 
 
 54-62. 
 
 3. Getting on or off; start- 
 
 ing and stopping, 
 63-69. 
 
 4. Safety of stations, ap- 
 
 proaches, and plat- 
 forms, 7O-72. 
 
 6. Condition of cars or ves- 
 sels, 73-74. 
 fc. Contributor!/ negligence of 
 
 person injured, 75-84. 
 I. Risks assumed by passenger, 
 
 84a, 85. 
 m. Baggage and property of 
 
 passenger, 86-92. 
 n. Corpse, 93. 
 o. Stations, 94. 
 p. Passengers on freight train, 
 
 95. 
 q. Pullman and sleeping car 
 
 companies, 96-97. 
 r. Connecting carriers; negli- 
 gence of other company, 
 
 98. 
 
 8. Penalty, 99. 
 t. Tax on passenger traffic, 
 
 1OO. 
 
 IV. Carriers of freight, lOl-146a. 
 
 a. In general, 1O1-1O6. 
 
 b. Bills of lading; special con- 
 
 tracts, 107-108.
 
 INDEX TO L.R.A. NOTES. 
 
 147 
 
 -CARRIERS, IV. cont'd 
 
 c. Duty to receive and trans- 
 
 port, 1O9. 
 
 d. Loss of, or injury to, prop- 
 
 erty, 11O-111. 
 
 e. Delivery to carrier, 112. 
 /. Delivery by carrier; conver- 
 sion; delay, 113-121. 
 
 g. Liens; freight charges, 
 122-123. 
 
 h. Carrying live stock, 124- 
 127. 
 
 i. Limitation of liability, 
 128-135. 
 
 j. Duty as to cars, 136-14O. 
 
 fc. Demurrage; delay in un- 
 loading, 14:1. 
 
 I. Connecting carriers; liability 
 beyond own line, 142- 
 143. 
 
 m. Transporting intoxicating 
 liquor, 144. 
 
 n. Insurance, 145. 
 
 o. Taxation of freight, 146. 
 
 p. Penalties, 14Ga. 
 V. Governmental control; rate*; dis- 
 crimination; duty us to 
 stopping places, 147- 
 162. 
 
 a. In general, 147-149. 
 
 b. Discrimination, 15O-153. 
 
 c. Rates; rebates, 154- 16O. 
 
 d. As to stations and trains, 
 
 161-162. 
 
 I. In general. 
 
 % 1. Generally. 
 
 Matters as to. affecting interstate com- 
 merce, see COMMEBCE, 4-12. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 9, 10. 
 
 Delegation of power as to, see CONSTITU- 
 TIONAL LAW, 17. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 56. 
 
 Federal courts following state decisions as 
 to carrier's contracts, see COURTS, 58. 
 
 Custom of, see CUSTOM AND USAGE, 8. 
 
 Damages against, see DAMAGES, 4, 15, 
 42-47, 104-106, 118. 
 
 Presumption and burden of proof as to mat- 
 ters relating to, see EVIDENCE, 59. 
 
 Garnishment of. see GARNISHMENT, 6. 
 
 Duty and liability of, as to health, see 
 HEALTH, 3. " 
 
 Injunction against, see INJUNCTION, 66- 
 68. 
 
 Interurban railroad as, see INTERUBBAN 
 RAILROAD, 3. 
 
 Unlawful combination of, see MONOPOLY AND 
 COMBINATIONS, 7. 
 
 Penalty against, see PENALTY, 6. 
 
 As to pipe lines, see PIPE LINES. 
 
 Valuation of property, see PUBLIC SEBVICE 
 CORPORATIONS, 5. 
 
 Liability in case of leased railroad, see 
 RAILROADS, 7. 
 
 Time as to matters relating to, see TIME, 
 5, 6. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, I. cont'd 
 
 As to the duty and liability of railroads or 
 street railways in respect of matters 
 not incident to the transportation of 
 passengers or freight, see INTERURBAN 
 RAILROADS; RAILROADS; STREET RAIL- 
 WAYS. 
 
 Title to money deposited with carrier. 
 L.R.A. 3938A, 534. 
 
 Validity of statutory provision' for attor- 
 ney's fee in actions against. L.R.A. 
 1915E, 946. 
 
 Sufficiency of levy upon, and custody of, 
 property in car or other vehicle of com- 
 mon carrier. L.R.A. 1915F, 1184. 
 
 Liability to servants of other persons. 46 
 L.R.A. 56. 
 
 Authority of agent or representative of 
 railroad company to employ medical 
 services for employee or other third 
 person. 20 L.R.A. 695. 
 
 Power of conductor to hire physician to 
 treat person injured by train. 16 
 L.R.A.(N.S.) 3081. 
 
 Claim against state for services by. 42 
 L.R.A. 55. 
 
 Liability of carrier to garnishment. 28 
 L.R.A. 600. 
 
 Proximate cause of injury caused by car or 
 engine set in motion by third person. 
 26 L.R.A.(N.S-) 739. 
 
 Recovery back of excessive pavments to. 18 
 L.R.A.(N.S.) 124. 
 
 Validity of restrictive agreement on sale of 
 stage and coach lines. 24 L.R.A. (N.S.) 
 932; L.R.A.191CC, 632. 
 
 Liability of receiver as common carrier for 
 torts or negligence of servants. 63 
 L.R.A. 231. 
 
 Liability of one railroad corporation pos- 
 sessing stock control of another for acts 
 and contracts of the latter. 35 L.R.A. 
 (N.S.) 770. 
 
 Implied power of railroad company to en- 
 gage in or guarantee enterprise other 
 than transportation of goods or pas- 
 sengers. 2 L.R.A. (N.S.) 887; 38 L.R.A. 
 (N.S.) 830. 
 
 Implied power of railroad company to en- 
 gage in transportation of goods or 
 passengers by means other than its 
 railway. 5 B. R. C. 788. 
 
 Admissibility in evidence of account books 
 of carriers. 53 L.R.A. 530. 
 
 Locality of crime committed through the 
 agency of carriers. 19 L.R.A. 775. 
 
 II. Who are common carriers. 
 
 2. Generally. 
 
 Ferrymen as, see FERRIES, 5. 
 
 Who are common carriers within constitu- 
 tional or statutory provision directed 
 specifically against suppression of com- 
 petition between carriers. L.R.A. 
 1915C, 865. 
 
 Person or company operating passenger 
 automobile for hire. L.R.A.1918F, 468. 
 
 Persons operating jitney buses. L.R.A. 
 1936B, 1156. 
 
 Baggage transfer companv as. 34 L.R.A. 
 137; 21 L.R.A.(N.S.f 188. 
 
 Sleeping car company as. 21 L.R.A. 291.
 
 148 
 
 INDEX TO L.R.A. NOTES. 
 
 CAKK1KKS, II. cont'd 
 
 Perbon maintaining elevator as. 2 L.R.A. 
 V- 71..; I. i: A.1915E, 723. 
 
 Cartman, etc.. as. 21 L.R.A. (N.S.) 188. 
 
 Railroad companies as private carriers in 
 drawing special trains or special cars. 
 ::u L.R.A. 161; 48 L.R.A. (N.S.) 990. 
 
 Character as common carriers of persons or 
 corporations other than express com- 
 panies that neither own nor operate 
 transportation routes, but undertake to 
 transport goods. 42 L.R.A. (N.S.) 902. 
 
 Is an interurban railroad .company con- 
 trolled by general railroad law in re- 
 gard to the operation of railroads as 
 carriers of passengers? 67 L.R.A. 637. 
 
 Effect of special arrangement with respect 
 to particular class of business upon 
 character of railroad company as. t 
 l..R.A.(N.S.) 458. 
 
 Maintenance of private siding, tap line, con 
 HIM ting tracks, or other switching fa 
 cilities as carrying on the business oi 
 a common carrier. L.K.A.1918B, 683. 
 
 ///. Carriers 
 
 of passengers and other 
 persons. 
 
 a. In general. 
 
 3. Generally. 
 
 Governmental control of, see infra, V. 
 
 Duty and liability to passengers on eleva- 
 tors, see ELEVATORS, 2-7. 
 
 Liability generally for injuries inflicted by 
 servant, see MASTER AND SERVANT, IV. 
 
 Right to reject passenger because of his bad 
 character or misconduct on pre- 
 vious occasion. 43 L.R.A. (N.S.) 821. 
 
 Duty of carrier to passenger on train or 
 boat chartered to third person for ex- 
 cursion or similar purpose. 52 L.R.A. 
 (N.S.) 260. 
 
 Effect of breaking continuity of passage 
 upon its interstate character. L.R.A. 
 1917D, 1184. 
 
 Liability of master for the intentional kill- 
 ing or injury of servant by passenger. 
 L.R.A, 1917F, 753. 
 
 6. Rules and regulations of carrier. 
 
 4. Generally. 
 
 Reasonableness of rule as to train or route 
 by which passengers shall be carried. 
 L.R.A.1915B, 761. 
 
 Reasonableness of rule prohibiting turning 
 of seats. 50 L.R.A. (N.S.) 394. 
 
 As to admission of passenger to train house 
 16 L.R.A. 449. 
 
 As affecting passenger's right to stop over 
 28 L.R.A. 776. 
 
 Passengers riding in baggage or express 
 car in violation of rules as contributory 
 negligence. 16 L.R.A. 631. 
 
 Constitutionality of statute making viola- 
 tion of transfer rules established bv 
 carrier criminal. 30 L.R.A. (N.S.) 499. 
 
 CARRIERS, III. b cont'd 
 
 Violation by servant of rule adopted by 
 railway company as evidence of negli- 
 gence in case of injury to passenger. 
 L.R.A.1917C, 799, 805. 
 
 c. Who are passengers. 
 
 5. Generally. 
 
 Within provision as to place for ejection. 
 
 26 L.R.A. 132. 
 
 Postal clerks as. 19 L.R.A. 339; 3 L.R.A. 
 (N.S.) 218; 26 L.R.A. (N.S.) 1058; 
 L.R.A.1918E, 517. 
 
 Express messengers as. 22 L.R.A. 796. 
 Newsboys as. 22 L.R.A. 796. 
 Passenger on wrong car or train by his own 
 mistake. 3 L.R.A. (N.S.) 588; 28 
 L.R.A. (N.S.) 611. 
 
 Meaning of phrase "a passenger being trans- 
 ported," in statute defining duty and 
 liability of carriers to passengers. 4 
 L.R.A.(N.S.) 254. 
 Rights of one going to station to deposit 
 
 baggage. 28 L.R.A. (N.S.) 311. 
 Right on train of person procuring ticket by 
 fraud or misrepresentation. 6 L.R.A. 
 (N.S.) 1146. 
 One at union station or union terminal as 
 
 a passenger. 40 L.R.A. (N.S.) 778. 
 Effect of express refusal to accept one as a 
 passenger upon his status as such. 15 
 L.R.A.(N.S.) 960. 
 
 Passenger on train or boat chartered to 
 third person for excursion or other 
 similar purpose. 15 L.R.A. (N.S.) 425; 
 52 L.R.A.(N.S.) 260. 
 
 Person wrongfully on train by. collusion 
 with train employee. 5 L.R.A. (N.S.) 
 1025; 37 L.R.A. (N.S.) 419. 
 Status as passenger of one who attempts to 
 board moving car or train. L.R.A. 
 1916B, 832. 
 
 6. Employees of carrier. 
 
 Railroad employees or officers as. 31 L.R.A. 
 
 321. 
 
 Rule in case of one being transported 
 to or from work. 31 L.R.A. 321; 
 12 L.R.A.(N.S.) 853; 19 L.R.A. 
 (N.S.) 717; 23 L.R.A. (N.S.) 954. 
 Riding on pass. 31 L.R.A. 321; 50 
 L.R.A. 462; 50 L.R.A.(N.S.) 706. 
 
 7. Persons riding free. 
 
 Drover or stockman using car after reach- 
 ing destination as. 30 L.R.A.(N.S.) 
 571. 
 
 Employee riding on pass as passenger. 31 
 L.R.A. 321; 50 L.R.A. 462; 50 L.R.A. 
 (N.S.) 706. 
 
 I 8. When relation commences. 
 
 When a person who has started for a train 
 becomes a passenger. 24 L.R.A. 521. 
 
 Status as passenger as affected by the time 
 elapsing before train leaves. 43 L.R.A. 
 (N.S.) 999. 
 
 Effect of signaling car to make one a pas- 
 senger. 13 L.R.A.(N.S.) 283; 25 L.R.A. 
 
 mi. ou JJ.K.A. JN.S. 499. (N.S ) 408- LRA1Q1RP inoo 
 
 Begin <rith this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 149 
 
 CARRIERS, III. c cont'd 
 
 9. Termination of relation. 
 
 Passengers temporarily leaving vehicle. 15 
 
 L.R.A. 399; 51 L.R.A.(N.S.) 899. 
 Duty and liability of carrier to one who 
 leaves one car for purpose of boarding 
 another. 48 L.R.A.(N.S.) 683. 
 Termination of passenger's relation as such 
 upon reaching destination. 2 L.R.A. 
 (N.S.) 873; 20 L.R.A.(N.S.) 1019. 
 
 d. Misconduct toward, and abuse of 
 passenger generally. 
 
 10. Generally. 
 
 Liability of carrier for fright of passenger, 
 see FRIGHT, 2. 
 
 Duty of carrier to passenger on train or 
 boat chartered to third person for ex- 
 cursion or other similar purpose. 15 
 L.R.A.(N.S.) 426. 
 
 Liability of carrier for injury to pregnant 
 woman by seeing lunatic on train. 39 
 L.R.A.(N.S.) 647. 
 
 lOa. By employees. 
 
 Carrier's liability for insults, threats, and 
 obscene language of employees towards 
 passengers. 14 L.R.A. 739. 
 
 Insulting passenger by suggesting he be- 
 longs in the colored compartment. 32 
 L.R.A. (N.S.) 206. 
 
 Amount of damages that may be awarded 
 for insulting language. 44 L.R.A. 
 (N.S.) 1139. 
 
 Liability of carrier for mental suffering of 
 passenger from mere verbal abuse un- 
 accompanied by other breach of duty. 
 13 L.R.A. (N.S.) 159; L.R.A.1918A, 600. 
 
 Liability of carrier for wilful torts of serv- 
 ants to passengers. 40 L.R.A. (N.S.) 
 999. 
 
 Liability for acts of special police officer ap- 
 pointed by public authority. 23 L.R.A. 
 (N.S.) 289; 30 L.R.A. (N.S.) 481; 39 
 L.R.A.(N.S.) 122; 43 L.R.A. (N.S.) 
 1164; L.R.A.1915C, 1183. 
 
 Liability for wrongfully threatening pas- 
 senger with expulsion. L.R.A.1918D, 
 876. 
 
 e. Assault; roVbery. 
 
 11. Generally. 
 
 Duty of carrier to passenger on train or 
 boat chartered to third person for ex- 
 cursion or other similar purpose. 15 
 L.R.A.(N.S.) 425. 
 
 Failure to properly light car or waiting 
 room or permitting car to be over- 
 crowded as affecting carrier's liability 
 for assault upon or robbery of passen- 
 ger. L.R.A.1918A, 1072. 
 
 12. By stranger. 
 
 Liability for stranger's assault on passen- 
 ger. 2 L.R.A. (N.S.) 105. 
 
 Liability for injury to passenger by wrong- 
 ful act of stranger directed against cars 
 or passengers therein. 3 L.R.A. (N.S.) 
 318. 
 
 Liability for assault upon passenger by 
 strikers, mob, or third persons. 55 
 L.R.A. 713; L.R.A.1915C, 681. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, III. e cont'd 
 
 Failure to properly light car or waiting 
 room or permitting car to be over- 
 crowded as affecting carrier's liabilitv. 
 L.R.A.1918A, 1072. 
 
 Duty of sleeping or parlor car company to 
 protect passengers from assault. L.R.A. 
 1917F, 888. 
 
 13. By fellow passeilger. 
 
 Assault by fellow passenger. 36 L.R.A. 
 627; 32 L.R.A. (N.S.) 1206; L.R.A. 
 1918F, 555. 
 
 Liability for injury to passenger by another 
 passenger permitted to remain in car 
 in violation of separate coach law. 33 
 L.R.A.(N.S.) 133. 
 
 Liability of carrier for assault by obviously 
 drunken passenger. 4 B. R. C. 330. 
 
 Duty of sleeping or parlor car company to 
 protect passengers from assault. L.R.A. 
 1917F, 888. 
 
 Failure to properly light car or waiting 
 room or permitting car to be over- 
 crowded as affecting carrier's liability. 
 L.R.A.1918A, 1072. 
 
 Liability of connecting carrier for assault 
 on passenger at junction point. L.R.A. 
 1918F, 434. 
 
 14. By employees. 
 
 Assault by servant on passenger while on 
 train. 14 L.R.A. 738; 32 L.R.A. (N.S.) 
 1201; L.R.A.1915E, 668. 
 
 Duty of sleeping or parlor car company to 
 protect passengers from assault. L.R.A. 
 1917F, 888. 
 
 Injury to passenger by sportive act of serv- 
 ant. 3 L.R.A.(N.S.) 605. 
 
 Liability for malicious act of servant. '4 
 L.R.A.(N.S.) 485. 
 
 Liability of railway or street railway for 
 assault by employee on passenger out- 
 side of car or train. 17 L.R.A. (N.S.) 
 764. 
 
 Master's liability for injury to passengers 
 by servant in use of dangerous agency 
 placed in his control. 10 L.R.A. (N.S.) 
 384. 
 
 Carrier's liability, how far affected by mis- 
 conduct of passenger. Antecedent 
 violence of passenger. 40 L.R.A. 
 (N.S.) 1070. 
 
 Abusive language as justification for as- 
 sault on passenger by a train employee. 
 33 L.R.A.(N.S.) 280. 
 
 Carrier's liability for assault in self-de- 
 fense by servant on passenger while on 
 train. 32 L.R.A.(N.S.) 1203. 
 
 Liability for acts of special police officer 
 appointed by public authority. 23 
 L.R.A.(N.S.) 289; 30 L.R.A. (N.S.) 
 481; 39 L.R.A.(N.S.) 122; 43 L.R.A. 
 (N.S.) 1164; L.R.A.1915C, 1183. 
 
 Mental anguish as element of damages for 
 indecent assault on female passenger. 
 ' 33 L.R.A.(N.S.) 98. 
 
 /. Arrest; false imprisonment. 
 
 15. Generally. 
 
 Liability of carrier for wrongful arrest of 
 passenger. 14 L.R.A. 791; 7 L.R.A. 
 (N.S.) 162; 32 L.R.A.(N.S.) 526; 52 
 L.R.A. (N.S.) 791; L.R.A.1917A, 227.
 
 INDEX TO L.R.A. NOTES. 
 
 CARRIERS, III. f cont'd 
 
 Limit -f carrier** absolute obligation to pro- 
 
 t,,t iKisM-np-rs from wrongful arrest. 
 
 40 L.R.A. (N.S.) 1073. 
 
 :? . '.a. Uv .-mployres of carrier. 
 
 l.ial.ilitv ,,i carrier for wnmtul arrest of 
 : liv M-niiiit. 7 L.R.A. ( JN .o. ) 
 ',,;.,. ;;- f,.i; 299; L.R.A. 
 
 3915E, 320; L.R.A.1917D, 227. 
 
 Carrier's liability for arrest or false im- 
 prisonment l>y servant employed as de- 
 tective, policeman, or watchman. 4 
 L,R.A.(N- i -282; 28 L.R.A. (N.S.) 88; 
 I. i: \.l-.iliiK. 1249. 
 
 Carrier'* liability for arrest by special po- 
 ll, -c officers appointed by public au- 
 thority. J:i I-.R.A.tX.S.) 289; 30 
 
 L.R.A^N.S.) 48i ; 43 L.R.A.(N.S.) 
 
 1164; L.R.A.1915C, 1183. 
 
 g. Tickets; conditions; fare. 
 
 18. Generally. 
 
 A to privilege of stop-over, see infra, 47. 
 
 Ejection for nonpayment of, sec infra, 32. 
 
 Sufficiency of tender of fare to prevent ejec- 
 tion, see infra, 33. 
 
 Governmental regulation of rates, see in- 
 fra, 154-160. 
 
 Injunction as to tickets, see INJUNCTION, 
 68. 
 
 How far ticket may be used for passage 
 nfu-r expiration of time limited. 1C 
 L.R.A. 471. 
 
 Carrier's liability for assault by employee 
 on passenger while purchasing ticket. 
 17 L.R.A.(N.S.) 765. . 
 
 Duty of passenger when by the carrier's 
 fault he has not the proper ticket or 
 token. 5 L.R.A.(N.S.) 779. 
 
 Constitutionality of statute requiring car- 
 rier to sell tickets good on connecting 
 line. 42 L.R.A.(N.S.) 541. 
 
 Validity of regulations by public concern- 
 ing the manner of using tickets or mile- 
 age books. L.R.A.1915E, 902. 
 
 Refusal to surrender ticket or pay fare be- 
 cause of breach of contract as affect- 
 ing right to recover for damage to or 
 loss of baggage. L.R.A.1916E, 491. 
 
 Duty of passenger to examine ticket to 
 avoid mistakes of carrier's agent. 43 
 L.R.AJN.S.) 584. 
 
 Liability of carrier for charging excessive 
 fare through mistake. 44 L.R.A.(N.S.) 
 282. 
 
 Necessity of setting out copy of forged tick- 
 ets in indictment for forging or utter- 
 ing same. 31 L.R.A.(N.S.) 227. 
 
 17. Passengers without tickets gener- 
 ally. 
 
 Rights of passenger who is unable to get 
 ticket before train starts. 24 L.R.A. 
 (X.S.) 758. 
 
 Right of carrier to refuse to accept non- 
 ticket holders as passengers. 29 L.R.A. 
 (N.S.) 299; L.R.A. HUtiK, 1094. 
 
 18. Conditions in tickets generally. 
 
 Notice to passenger of conditions on ticket. 
 23 L.R.A. 746. 
 
 i CARRIERS, III. g cont'd 
 Limitation of time within which transporta. 
 tion tickets may be used. L.R.A.1918A, 
 779. 
 
 19. Condition or character of money 
 tendered. 
 
 Character or condition of coin or currency 
 that may be tendered in payment of 
 fare. 35 L.R.A. (N.S.) 1030. . 
 
 20. Tender of amount in excess of 
 fare. 
 
 Tender of a sum in excess of that due, with 
 demand for change. 13 L.R.A. (N.S.) 
 624. 
 
 What is a reasonable sum out of which a 
 carrier may be required to take fare 
 and return change. 35 L.R.A. 489 ; 
 9 L.R.A.(N.S.) 580; 21 L.R.A. (N.S.) 
 868. 
 
 21. Assignability. 
 
 Confining sale of tickets to carrier's agents, 
 see infra, 148. 
 
 Assignability of railroad ticket. 18 L.R.A. 
 55. 
 
 22. Round trip, coupon and through 
 tickets. 
 
 Waiver of requirement of signature of tick- 
 et or coupon. 30 L.R.A. (X.S.) 432. 
 
 Passenger's right to stop over in case of 
 coupon tickets. 28 L.R.A. 774. 
 
 Duty of connecting carrier to passenger 
 holding coupon ticket as affected by de- 
 lay on part of other carriers. 25 L.R.A. 
 (N.S.) 459. 
 
 Responsibility assumed by one corporation 
 in issuing tickets good upon line of an- 
 other. 42 L.R.A. (N.S.) 76. 
 
 23. Passes. 
 
 Liability- for injurv to free passenger, see- 
 infra, 57. 
 
 Employee riding on, as passenger. 31 L.R.A. 
 321; 50 L.R.A. 462. 
 
 Rights of person riding on pass or contract 
 for free passage. 22 L.R.A. 794. 
 
 Drover or stockman using car after reach- 
 ing destination as passenger. 30 L.R.A. 
 (N.S.) 571. 
 
 Right of conductor to waive conditions in 
 stock drover's pass. 27 L.R.A. (X.S.) 
 646. 
 
 Is pass issued as part of consideration for 
 contract within statute prohibiting free 
 transportation of passengers or dis- 
 crimination in passenger rates? 23 
 L.R.A.(N.S.) 217; 31 L.R.A. (N.S.) 
 657; L.R.A.1918B, 1116. 
 
 Rights and remedies where agreement by 
 carrier to issue passes is impossible of 
 performance because of subsequent leg- 
 islation. 49 L.R.A. (X.S.) 848. 
 
 24. Extra fare. 
 
 Validity of extra charge for passenger fare- 
 when paid upon train. 20 L.R.A. 483. 
 1 Right to require passenger to pay second 
 fare on passing from one car to another 
 on same line. 13 L.R.A. (N.S.) 445. 
 
 Begin icitli this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 151 
 
 CARRIERS, III. g cont'd 
 25. Duty to pay fare wrongfully de- 
 manded. 
 
 Duty of passenger to pay fare wrongfully 
 demanded in order to avoid expulsion 
 and lessen damages. 43 L.R.A. 706; 34 
 L.R.A. (N.S.) 282; L.R.A.1918D, 1032. 
 
 Validity of regulation requiring passenger 
 to pay fare in case of dispute. 2 L.R.A. 
 (N.S.) 695. 
 
 26. On street cars. 
 
 Condition or character of money tendered, 
 see supra, 19. 
 
 Tender of amount in excess of fare, see su- 
 pra, 20. 
 
 Right of municipal corporation to contract 
 for free transportation or special rates 
 011 street cars. 16 L.R.A. (N.S.) 651. 
 
 Right of street car company to require a 
 passenger to pay a second fare where 
 he passes from one car to another on 
 the same line.' 13 L.R.A. (N.S.) 445. 
 
 Requiring passenger to put coin in box or 
 automatic registering device. 32 L.R.A. 
 (N.S.) 095. 
 
 27. transfers. 
 
 Transfer between lines of different street 
 railway companies. 32 L.R.A. (N.S.) 
 720. 
 
 Rights and duties of passenger receiving de- 
 fective street-car transfer. 7 L.R.A. 
 97; 9 L.R.A.(N.S.) 851. 
 
 Right of street railroad company to limit 
 time or point of transfer. 8 L.R.A. 
 (N.S.) 287; 52 L.R.A. (N.S.) 908. 
 
 Constitutionality of statute making viola- 
 tion of transfer rules established by 
 carrier criminal. 30 L.R.A. (N.S.) 499. 
 
 27a. Extent of ticket agent's implied 
 authority as to transportation of 
 passengers. 
 
 Extent of ticket or passenger agent's im- 
 plied authority in respect of trans- 
 portation of passengers. 31 L.R.A. 
 (N.S.) 229. 
 
 28. Limitation of liability. 
 
 As to baggage, see infra, 91. 
 
 As to freight, see infra, 128-135. 
 
 Right of passenger carrier to stipulate 
 against liability in consideration of re- 
 duced fare. 4 L.R.A. (N.S.) 1081. 
 
 Risks of negligence assumed by contract 
 with carrier as including gross negli- 
 gence. 1 L.R.A. (N.S.) 675. 
 
 Refusal to give effect to foreign contract ex- 
 empting carrier from liability. 5 L.R.A. 
 (N.S.) 425. 
 
 Effect of limitation in time tables on lia- 
 bitoty for default or delay in running 
 train. 32 L.R.A. 544. 
 
 Contract exempting railroad company from 
 liability for negligent injury to sleep- 
 ing car employees or others sustaining 
 a similar relation to the company. 11 
 L.R.A. (N.S.) 432; 50 L.R.A. (N.S.) 
 432; L.R.A.1917D, 648. 
 
 Contracts of carrier with newsboy's employ- | 
 er limiting liability for injury. 50 j 
 L.R.A (N.S.) 689. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, III. g cont'd 
 
 Right of carrier to limit its liability to 
 drovers or caretakers accompany- 
 ing shipment. L.R.A.1916A, 623. 
 
 29. In pass. 
 
 Validity of stipulation in pass limiting car- 
 rier's liability. 37 L.R.A.(N.S.) 
 235. 
 
 Right of carrier to limit its liability to 
 drover or caretaker accompanying ship- 
 ment. L.R.A.1916A, 623. 
 Right of conductor to waive conditions in 
 stock drover's pass. 27 L.R.A. (N.S.) 
 646. 
 
 h. Ejection. 
 
 30. Generally. 
 
 Extent of recovery for, see DAMAGES, 45, 
 105. 
 
 From sleeping car. 21 L.R.A. 295. 
 
 Liability for wrongfully threatening pas- 
 senger with expulsion. L.R.A.1918D, 
 876. 
 
 Carrier's liability for wrongful ejection 
 from train by employee. 27 L.R.A. 170, 
 188. 
 
 Where employee acts in violation of instruc- 
 tions. 18 L.R.A. (N.S.) 416. 
 
 Carrier's liability for malicious ejection of 
 passenger. 4 L.R.A. (N.S.) 485. 
 
 Implied power of brakeman to remove tres- 
 passer. 45 L.R.A. (N.S.) 813. 
 
 Express authority to certain train em- 
 ployees to eject trespassers as negativ- 
 ing implied authority of other em- 
 ployees. 32 L.R.A.(N.S.) 1164. 
 
 Liability of carrier for turning one other 
 than passenger out of depot. 42 L.R.A. 
 (N.S.) 373. 
 
 Liability of railroad company for negligence 
 in ejecting trespasser from moving 
 train. 13 L.R.A. (N.S.) 364. 
 
 Liability for injuries sustained by a pas- 
 senger while being removed from one 
 car to another of moving train. L.R.A. 
 1916E. 767. 
 
 Liability for injury to passenger resulting 
 from attempted ejection by carrier of 
 fellow passenger. 44 L.R.A. (N.S.) 1125. 
 
 Duty of passenger to examine ticket to 
 avoid mistakes of carrier's agent. 43 
 L.R.A.(N.S.) 584. 
 
 30a. Of sick or intoxicated passen- 
 ger. 
 
 Right to eject. L.R.A.1915C, 135. 
 Duty to eject; liability to other passengers- 
 for failure to eject. L.R.A.1915C, 137. 
 Time, place, and manner of ejection. 
 
 L.R.A. 1915C, 139. 
 Ejection as proximate cause of subsequent 
 
 injury or death. L.R.A.1915C r 
 
 142. 
 Recovery in action by ejected passenger. 
 
 L.R.A.1915C, 146. 
 Questions for jury. L.R.A.1915C, 147. 
 
 31. Grounds for. 
 
 Because of sickness or intoxication, see 
 supra, 30a.
 
 152 
 
 INDEX TO L.R.A. NOTES. 
 
 CARRIERS, III. h cont'd 
 
 Liability for ejecting passenger through 
 
 mistake as to identity. 2 L.R.A.(N.S.) 
 
 472. 
 Right to defend expulsion of passenger upon 
 
 ground other than that relied upon at 
 
 the time. 14 L.R.A.(N.S.) 368. 
 Ejection of passenger for refusal to comply 
 
 with rule or direction of carrier as to 
 
 place on car or train. L.R.A.1916D, 
 
 542. 
 Right to eject passenger who boards a train 
 
 that does not stop at his destination. 
 
 L.R.A.1915D, 713. 
 
 g 32. nonpayment of fare or defec- 
 tive ticket. 
 
 Payment of back fare for distance already 
 
 ridden as condition of being carried 
 
 further. 16 L.R.A. 55. 
 Right of passenger to pay fare after train 
 
 begins to stop for purpose of ejecting 
 
 him. 16 L.R.A. 53. 
 Ejection of custodian for nonpayment of 
 
 child's fare. 38 L.R.A. 140. 
 Duty of passenger to pay fare wrongfully 
 
 demanded in order to avoid expulsion. 
 
 43 L.R.A. 706; 34 L.R.A. (N.S.) 282: 
 
 L.R.A.1918D, 1032. 
 Effort that must be made to collect fares 
 
 before ejecting passengers for nonpay-. 
 
 ment of same. L.R.A.1915C, 148. 
 Ejection of passenger who has lost or mis- 
 laid his ticket. L.R.A.1916D, 1184; 
 
 L.R.A.1918E, 983. 
 
 38. Sufficiency of tender of fare to 
 prevent. 
 
 Excessive demand. 31 L.R.A.(N.S.) 992. 
 Tender after steps toward ejection. 31 
 
 L.R.A.(N.S.) 992; L.R.A.1915E, 311. 
 Tender accompanied by disorderly conduct. 
 
 31 L.R.A.(N.S.) 994. 
 Tender of fare from point of ejection. 
 
 31 L.R.A.(N.S.) 995; L.R.A.1915E, 312. 
 Tender of fare by custodian. 31 L.R.A. 
 
 (N.S.) 995; L.R.A.1915E, 313. 
 Tender by third person. 31 L.R.A.(N.S.) 
 
 996. 
 Tender of something other than money. 31 
 
 L.R.A.(N.S.) 996. 
 Tender of a worn or peculiar coin. 31 L.R.A. 
 
 (N.S.) 997; L.R.A.1915E, 313. 
 Miscellaneous cases. 31 L.R,A.(N.S.) 997- 
 
 L.R.A.1915E, 313. 
 
 34. At what place. 
 
 Exposure of drunken passenger to danger 
 by ejection from car. 19 L.R.A. 327. 
 
 Place where sick or intoxicated passenger 
 may be expelled. L.R.A.1915C, 139. 
 
 Place where one refusing to pay fare may 
 be ejected. 26 L.R.A. 129. 
 
 35. Measure of damages for. 
 
 See DAMAGES, 45, 105. 
 
 i. Performance of contract of transpor- 
 tation. 
 
 36. Generally. 
 
 Duty and liability as to sleeping accommo- 
 dations, see infra, 96, 97. 
 
 Begin \cith this book on every law question. 
 
 CARRIERS, III. i cont'd 
 
 Duty of carrier as to route. 37 L.R.A. 
 (N.S.) 222. 
 
 Duty to furnish sleeping car service. L.R.A. 
 1918A, 51. 
 
 Duty to passenger where journey is in- 
 terrupted by wreck or other cause. 
 L.R.A.1915E, 145. 
 
 Duty to stop train or car for article dropped 
 by passenger. 39 L.R.A. (N.S.) 313. 
 
 Duty of vessel to return to wharf to permit 
 visitor to depart. 10 L.R.A. (N.S.) 965. 
 
 Rights of passenger who boards car or train 
 destined for a point short of his des- 
 tination. 19 L.R.A.(N.S.) 704. 
 
 37. Misdirection by agent. 
 
 Misdirection of passenger by carrier's em- 
 ployee. 2 L.R.A. (N.S.) 110; 24 L.R.A. 
 (N.S.) 1178. 
 
 Right to eject passenger who boards a train 
 that does not stop at his destination 
 where he is misdirected by employee of 
 carrier. L.R.A.1915D, 715. 
 
 38. Duty to receive and transport. 
 
 Disabled, diseased, or drunken passenger, 
 see infra, 40. 
 
 Liability for punitive damages for refusal 
 or failure to transport passenger. 
 L.R.A.1915C, 471. 
 
 Duty to give regular train service on Sun- 
 day. 14 L.R.A. 194; 30 L.R.A. (N.S.) 
 401. 
 
 Duty to hold train for passenger seen ap- 
 proaching station. 31 L.R.A. (N.S.) 
 442. 
 
 Damages incident to attempt to reach desti- 
 nation by other means as element of 
 recovery for failure to stop train for 
 intending, passenger. 8 L.R.A. (N.S:) 
 880. 
 
 Liability to passenger for default or delay 
 in running trains. 32 L.R.A. 543; 49 
 L.R.A.(N.S.) 429. 
 
 Liability for failure to provide train for 
 crowd. 24 L.R.A. 711. 
 
 Right of passenger on street car which turns 
 back before reaching destination. 23 
 L.R.A.(N.S.) 571. 
 
 Duty of street railway to run car through 
 to end of route indicated by sign there- 
 on. 1 B. R. C. 442. 
 
 Duty of sleeping car company as to contin- 
 uous passage. 21 L.R.A. 295. 
 
 39. Duty toward sick, disabled, or 
 intoxicated passenger. 
 
 Ejection of sick or intoxicated passenger, 
 see supra, 30a. 
 
 Duty of carrier as to passengers taken ill 
 during journey. 31 L.R.A. 261; 31 
 L.R.A.(N.S.) 813. 
 
 Duty of carrier to blind passenger. 38 
 L.R.A.(N.S.) 564. 
 
 Duty to assist infirm or sick passenger. & 
 L.R.A.(N.S.) 299; 48 L.R.A. (N.S.) 821. 
 
 Duty of carrier to look after drunken pas- 
 senger after he has left the train. 
 8 L.R.A.(N.S.) 298.
 
 INDEX TO L.R.A. NOTES. 
 
 153 
 
 CARRIERS, III. i cont'd 
 
 Liability of carrier for forcing sick or in- 
 toxicated passenger out of car and onto 
 platform. 16 L.R.A. (N.Sv) 197. 
 
 Liability of carrier for contraction of con- 
 tagious disease by passenger. 36 
 L.R.A.(N.S.) 337. 
 
 Effect of sickness of passenger on carrier's 
 liability for baggage after reaching 
 destination. 36 L.R.A. 788. 
 
 40. duty to transport. 
 
 Duty of carrier to accept as a passenger 
 one physically or mentally disabled. 
 26 L.R.A.(N.S.) 171; L.R.A.1915E, 788. 
 
 Right of carrier to reject persons having 
 contagious disease. 4 L.R.A. (N.S.) 103. 
 
 41. Right of passenger to seat. 
 
 Generally. 22 L.R.A. 259; L.R.A.1915B, 
 916. 
 
 42. Duty as to heating. 
 
 Regulation of temperature of cars. L.R.A. 
 
 1915F, 792. 
 Duty of railroad companies to heat cars. 
 
 42 L.R.A. 110. 
 Duty of carrier to protect passenger from 
 
 cold. 11 L.R.A.(N.S.) 1142. 
 
 43. Separation of passengers. 
 
 Rights of colored passengers. 18 L.R.A. I 
 639. 
 
 Right of carrier, independently of statute, to 
 separate passengers on account of race. 
 11 L.R.A. (N.S.) 268. 
 
 Duty to provide separate compartments for 
 colored passengers in sleeping and 
 palace cars. 32 L.R.A.(N.S.) 801; 
 L.R.A.1918D, 709. 
 
 Cumulative penalties for failure of carrier 
 to provide separate accommodations for 
 white and colored persons. L.R.A. 
 1917B, 548. 
 
 Liability for placing white passenger in car 
 for colored persons. 2 L.R.A. (N.S.) 
 1108; 41 L.R.A.(N.S.) 958; L.R.A. 
 1916E, 280. 
 
 Liability for injury to passenger by another 
 passenger permitted to remain in vio- 
 lation of separate coach law. 33 L.R.A. 
 (N.S.) 133. 
 
 Insulting passenger by suggesting that he 
 belongs in the colored compartment. 32 
 L.R.A.(N.S.) 206. 
 
 44. Quarantine. 
 
 Duty of carrier to give information as to 
 quarantine. 6 L.R.A. (N.S.) 1009. 
 
 Liability of carrier for injury or loss caused 
 by the enforcement of quarantine reg- 
 ulations. 13 L.R.A.(N.S.) 360. 
 
 45. Announcement of stations. 
 
 Duty to make. 15 L.R.A. 347; L.R.A.1915C, 
 
 664. 
 
 Effect of. 15 L.R.A. 348. 
 As to change of cars. 15 L.R.A. 349. 
 Duty to notify passenger in sleeping car of 
 
 arrival at destination. 14 L.R.A. (N.S.) 
 
 907. 
 Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, III. i cont'd 
 
 46. Carrying beyond station. 
 
 Extent of recovery for, see DAMAGES, 44. 
 
 Contract duty to stop at particular station. 
 
 2 L.R.A. (N.S.) 505. 
 
 Duty of passenger to give notice of desire 
 to alight at flag station. 16 L.R.A. 
 (N.S.) 1132; 52 L.R.A. (N.S.) 668. 
 Duty as to notification of passenger of ar- 
 rival at station. L.R.A.1915C, 664. 
 Duty upon running train past station to 
 notify passengers of intention to re- 
 turn. 37 L.R.A.(N.S.) 264. 
 Liability for failure to notify passenger 
 when and where to change cars. 39 
 L.R.A.(N.S.) 663. 
 
 Duty and liability to passenger who boards 
 a train that does not stop at his 
 destination. L.R.A.1915D, 705. 
 
 47. Right of passenger to stop over. 
 
 Generally. 28 L.R.A. 773. 
 
 Rule in case of coupon tickets. 28 L.R.A. 
 
 774. 
 Effect of particular stipulations. 28 L.R.A. 
 
 775. 
 Agreements or representations as to right to 
 
 stop over. 28 L.R.A. 775. 
 Statutory permission. 28 L.R.A. 775. 
 Limited tickets. 28 L.R.A. 775. 
 Special rates or contracts. 28 L.R.A. 776. 
 Rules and custom of carrier. 28 L.R.A. 
 
 776. 
 
 Effect of delay of train. 28 L.R.A. 776. 
 Through train must be taken. 28 L.R.A. 
 
 776. 
 No stop-over without ticket. 28 L.R.A. 
 
 776. 
 Time within which stop-over must be used. 
 
 28 L.R.A. 776. 
 
 Right to take up ticket. 28 L.R.A. 776. 
 Right of passengers to act upon conductor's 
 
 assurance that a stop-over is allowed. 
 
 34 L.R.A.(N.S.) 711. 
 Extent of ticket agent's implied authority 
 
 as to. 31 L.R.A.(N.S.) 231. 
 
 48. Keeping station open; turning; 
 passenger out of. 
 
 As to stations generally, see infra, 94. 
 Announcement of, see supra, 45. 
 Carrying beyond, see supra, 46. 
 Safety of, see infra, 70-72. 
 Discrimination at, and governmental regu- 
 lations as to, see infra, 161, 162. 
 
 Reasonable time to keep station open before 
 and after trains. 1 L.R.A.(N.S.) 851. 
 
 Liability for turning waiting passenger out 
 of depot. 29 L.R.A.(N.S.) 799. 
 
 j. Personal injuries. 
 
 1. In general. 
 
 49. Generally. 
 
 Limitation of liability, see supra, 28, 29. 
 Contributory negligence of passenger, see 
 
 infra, 75-84. 
 Liability of connecting carrier, see infra, 
 
 98. 
 
 Passenger on elevated railroad, see ELEVAT- 
 ED RAILBOADS, 3.
 
 INDEX TO L.R.A. NOTES. 
 
 134 
 
 CARRIERS, III. j ; 1 cont'd 
 
 Liability to passenger on elevator, see ELE- 
 VATORS, 3. 
 
 On ferry boat, see FERRIES, 6. 
 
 Presumption and burden of proof as to, see 
 KviniiM-K, 70. 
 
 Proximate cause of injury, see PROXIMATE 
 CAUSE, 8, 9. 
 
 Use of emphatic words like "great care," 
 "utmost care" or "highest care" in in- 
 structing jury as to duty of carrier to 
 passengers. 3 L.R.A. (N.S.) 94. 
 
 Sufficiency of general allegations of negli- 
 gence. 59 L.R.A. 239. 
 
 Violation by servant of rule adopted by 
 railway company, as evidence of negli- 
 gence in case of injury to passenger. 
 L.R.A.1917C, 799, 805. 
 
 Liability of carrier for injury to passenger 
 by swaying of car. L.R.A.1918A, 1171. 
 
 Liability for personal injuries to passenger 
 who attempts to reach his destination 
 by other means because of delay or 
 stalling of car or train. L.R.A.1917F, 
 357. 
 
 Liability of, for personal injury to passenger 
 struck by sparks or cinders escaping 
 from locomotive. 18 L.R.A.(N.S.) 241. 
 
 What injuries may be deemed the proximate 
 result of discharging passengers at im- 
 proper place or one not his destination. 
 7 L.RJMN.S.) 1177. 
 
 Injury by rocks rolling down hillside or de- 
 cline. L.R.A.1915B, 428. 
 
 Sudden stopping of train in an emergency 
 as negligence toward passenger. L.R.A. 
 1915D, 368. 
 
 Liability for injuries sustained by a passen- 
 ger while being removed from one car 
 to another of moving train. L.R.A. 
 1916E, 767. 
 
 Liability of street railway company for in- 
 jury to a passenger because of defect in 
 track or street due primarily to negli- 
 gence of highway officers. 43 L.R.A. 
 (N.S.) 72. 
 
 Liability for injury to passenger resulting 
 from attempted ejection by Carrier of 
 fellow passenger. 44 L.R.A. ( N.S. ) 1125 . 
 
 50. Injury by collision or derailment. 
 
 Presumption of negligence from injury to 
 passenger by collision. 13 L.R.A. 
 
 CARRIERS, III. j; 1 ont'd 
 
 Liability of carrier to passenger who fails 
 caused by obstruction placed on track 
 by stranger. 12 L.R.A. (N.S.) 840. 
 
 51. AVliat carriers liable. 
 
 Duty and liability of proprietor of public 
 hack or cab to passengers. 5 L.R.A. 
 (N.S.) 1069. 
 
 Liability of proprietor of private railroad 
 for injuries sustained by one other than 
 an employee while being carried there- 
 on. 12 L.R.A.(N.S.) 131; 22 L.R.A. 
 (N.S.) 190. 
 
 Liability of operator of scenic railroad or 
 similar device to passengers. 26 L.R.A. 
 (N.S.) 1054. 
 
 Liability for injury to passenger by negli- 
 gent operation of automobile. 21 
 L.R.A.(N.S.) 81; 35 L.R.A. (N.S.) 658. 
 
 Liability of sleeping car company for per- 
 sonal injuries to passengers. 21 L.R.A. 
 296. 
 
 52. For whose acts liable. 
 
 Liability for injuries caused by negligence 
 of other company using the road under 
 a lease, license, or other contract. 
 L.R.A.1918E, 257. 
 
 Liability for accidents caused by wrongful 
 act of stranger. 22 L.R.A. 306. 
 
 Negligent injury to passenger at station by 
 persons coming there to transact busi- 
 ness. 13 L.R.A. (N.S.) 589. 
 
 Injury by dog or other animal. 4 L.R.A. 
 (N.S.) 947. 
 
 Injuries by fellow passengers on crowded 
 trains. 24 L.R.A. 711. 
 
 Injury resulting from negligent or meddle- 
 some act of fellow passenger. 37 L.R.A. 
 (N.S.) 724; 49 L.R.A.(N.S.) 810; 
 L.R.A.1918F, 819. 
 
 Act of obviously drunken passenger. 4 B. 
 R. C. 330. 
 
 53. employee or independent con- 
 tractor. 
 
 Delegation of duty as to safety of station 
 premises as affecting liability to pas- 
 sengers. 50 L.R.A. (N.S.) 561. 
 
 Liability of union depot company for neg- 
 ligence of its own or carrier's employ- 
 ees. 33 L.R.A. (N.S.) 433. 
 
 Liability of carrier for assistance negligent- 
 ly rendered passenger by employee. 
 ]0 L.R.A.(N.S.) 411. 
 
 (N.S.) 608; 29 L.R.A. (N.S.) 812; Carrier's liability for injury to child in- 
 
 L.R.A.1916C, 372. 
 Collision with vehicle not under car- 
 rier's control. 68 L.R.A. 799; 2 
 L.R.A.(N.S.) 725; 13 L.R.A. (N.S.) 
 610; 29 L.R.A.(N.S.) 813; L.R.A. 
 1916C, 372. 
 Collision with object on side of carriage 
 
 15 L.R.A. 37. 
 
 Duty of motorman, for protection of passen- 
 ger, to warn one driving along highway 
 of the approach of a car. 12 L.R.A. 
 (X.S.) 1!)7. 
 
 Liability of street railway company for in- 
 juries to passenger caused by collision 
 
 witli fire apparatus. 
 
 19 L.R.A.(N.S.) 
 
 Begin icith thts book, on every law question. 
 
 vited into place of danger by employee. 
 4 L.R.A. (N.S.) 804. 
 
 Liability for injury to child passenger ex- 
 posing himself to danger in consequence 
 of employee's conduct. 20 L.R.A.(N.S.) 
 1124. 
 
 Liability for injuries inflicted by employees 
 on trespasser after he has left train/ 34 
 L.R.A.(N.S.) 200. 
 
 Liability of railroad company for negligence 
 of one of its employees while running 
 on the road of another company sub- 
 ject to the orders of the latter's train 
 despatches 22 L.R.A. (N.S.) 323. 
 
 Presumption of negligence from injury to 
 passenger by acts of employees. 13 
 L.R.A.(N.S.) 617; L.R.A.1916C, 377.
 
 INDEX TO L.R.A. NOTES. 
 
 155 
 
 'CARRIERS, III. j; 1 cont'd 
 
 Carrier's liability for tort committed by 
 servant in course of employment with 
 view to furtherance of master's busi- 
 ness, but contrary to master's express 
 instructions. 18 L.R.A. (N.S.) 416. 
 
 '.Liability of carrier for acts of independent 
 contractor. 66 L.R-.A. 150. 
 
 2. Toivard whom, liable. 
 
 ? 54. Generally. 
 
 Duty toward sick, disabled or intoxicated 
 passenger, see supra, 39. 
 
 Liability to person assisting passenger on 
 train, see infra, 69. 
 
 To whom carrier liable for injuries at sta- 
 tions, see infra, 72. 
 
 TVIeasure of diligence required toward pas- 
 senger on street railway. 4 L.R.A. 
 (N.S.) 122. 
 
 Liability for injuries inflicted by employees 
 on trespasser after latter has left the 
 train. 34 L.R.A.(N.S.) 200. 
 
 Xiability for injury to one riding on train 
 run over tracks by another company 
 under license, through negligence of 
 licensee. 36 L.R.A. (N.S.) 887. 
 
 Passenger on train or boat chartered to 
 third person for excursion* or other 
 similar purpose. 15 L.R.A. (N.S.) 425; 
 52 L.R.A. (N.S.) 260. 
 
 Duty of carrier to one whom it permits to 
 enter its cars upon his own business, 
 and not as a passenger. 8 L.R.A. (N.S.) 
 1240; 34 L.R.A.(N.S.) 715. 
 
 Duty and liability to one who accompanies 
 passenger not for the purpose of assist- 
 ing him. 52 L.R.A. (N.S.) 179. 
 
 55. Children; newsboys. 
 
 Carrier's liability for acts of employees in 
 permitting children to be in danger. 27 
 L.R.A. 171. 
 
 Carrier's liability for injury to child in- 
 vited into place of danger by employee. 
 4 L.R.A. (N.S.) 804. 
 
 Liability for injury to child passenger who 
 exposes himself to danger in conse- 
 quence of conduct of employee. 20 
 L.R.A.(N.S.) 1124. 
 
 Where employee frightens child or orders 
 him to get off. L.R.A.1916C, 107. 
 
 Duty to child trespassing on cars. 32 
 L.R.A.(N.S.) 572. 
 
 Liability for injury to children jumping on 
 and off trains in motion. 21 L.R.A. 
 355. 
 
 Liability for injury to children catching 
 rides on street cars. L.R.A.1916C, 106. 
 
 Carrier's duty to prevent minor passenger 
 from alighting from moving car. 17 
 L.R.A.(N.S.) 101; L.R.A.1918B, 1133. 
 
 Doctrine of attractive nuisance as applied 
 to injury by railroad cars. 39 L.R.A. 
 (N.S.) 1136. 
 
 Duty of -carrier to newsboy. 50 L.R.A. 
 (N.S.) 689. 
 
 ^Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, III. j ; 2 cont'd 
 36. Postal clerk. 
 
 Generally. 39 L.R.A. 339; L.R.A.1918E, 
 
 517. 
 Relief from liability by statute. 19 L.R.A. 
 
 340. 
 Liability for failure to keep car in proper 
 
 condition. 3 L.R.A. (N.S.) 218; 26 
 
 L.R.A. (N.S.) 1058; L.R.A.1918E, 517. 
 
 57. Free passengers; drovers. 
 
 Limitation of liability, see supra, 29. 
 
 Degree of care owed to free passenger in 
 absence of stipulation upon the subiect. 
 5 L.R.A.(N.S.) 721; 46 L.R.A. (N.S.) 
 142. 
 
 Liability of carrier to passengers traveling 
 on passes or contracts contrary to pro- 
 visions of statute or Constitution. 14 
 L.R.A.(N.S.) 526; 43 L.R.A. (N.S.) 901. 
 
 Duty of carrier to caretaker accompanying 
 shipment of livestock. 22 L.R.A. 794; 
 31 L.R.A.(N.S.) 632. 
 
 58. Person wrongfully on train by 
 collusion with employee. 
 
 Liability for injury to person wrongfully 
 on train by collusion with train 
 employee. 5 L.R.A. (N.S.) 1025; 
 37 L.R.A. (N.S.) 419. 
 
 59. Passenger temporarily leaving 
 vehicle. 
 
 At regular stations. 15 L.R.A. 399; 51 
 L.R.A.(N.S.) 900. 
 
 Alighting at points other than regular sta- 
 tions. 51 L.R.A. (N.S.) 904, 906. 
 
 At sidings and coaling stations. 15 L.R.A. 
 399. 
 
 Leaving to avoid anticipated danger. 15 
 L.R.A. 400. 
 
 Leaving to rectify mistake in taking train, 
 etc. 15 L.R.A. 400. 
 
 60. Passenger on platform. 
 Contributory negligence of passenger on 
 platform, see infra, 80. 
 
 Injury to passenger on platform of vesti- 
 buled train. 22 L.R.A. (N.S.) 313; 
 27 L.R.A.(N.S.) 253. 
 
 Duty of street car company to passenger or; 
 running board. 18 L.R.A.(N.S.) 160; 
 45 L.R.A.(N.S.) 9&9. 
 
 Liability to passenger riding on platform 
 of railroad car with knowledge of car- 
 rier. 1 L.R.A.(N.S.) 1145. 
 
 61. Passenger on freight train. 
 
 Liability of railroad company for injury 
 to person wrongfully on freight 
 train by collusion with a train 
 employee. 5 L.R.A. (N.S.) 3025; 
 37 L.R.A. (N.S.) 421. 
 
 62. Passenger on track or falling 
 from train. 
 
 Injury by other train while passengers 
 are getting on or off, see infra, 65. 
 
 Dutv to keep lookout for passenger on track. 
 25 L.R.A. 290.
 
 156 
 
 INDEX TO L.R.A. NOTES. 
 
 CARRIERS, III. j; 2 cont'd 
 
 Injury to street car passenger who, upon 
 alighting, passes around end of car, 
 and is struck by car on other track. 4 
 L.R.A.(N.S.) 729; 21 L.R.A. (N.S.) 887. 
 
 Duty of carrier to passenger who has fallen 
 from train. 27 L.R.A. (N.S.) 768. 
 
 3. Getting on or off; starting and stop- 
 ping. 
 
 63. Generally. 
 
 Contributory negligence in getting on or 
 
 off, see infra, 81, 82. 
 Failure to stop train as proximate cause 
 
 of injury, see PBOXIMATE CAUSE, 9. 
 
 Presumption of negligence from accident to 
 passenger while embarking or alight- 
 ing. 15 L.R.A. 38. 
 
 Status as passenger of one who attempts to 
 board a moving car or train. L.R.A. 
 1916B, 832. 
 
 Injury to passenger alighting temporarily 
 at intermediate point. 51 L.R.A.(N.S.) 
 899. 
 
 Duty of carrier of passengers to keep steps 
 of cars free from snow and ice. 15 
 L.R.A.(N.S.) 523; 35 L.R.A.(N.S.) 592. 
 
 Duty to passenger who attempts to board 
 car when door or gate is closed. 7 
 L.R.A.(N.S.) 603. 
 
 Duty and liability of street railway com- 
 pany to passenger attempting to enter 
 or leave car on wrong side. 26 L.R.A. 
 (N.S.) 1217. 
 
 Liability of carrier for injuries to intending 
 passenger who enters car prematurely. 
 33 L.R.A.(N.S.) 583. 
 
 Duty to prevent passengers at stations from 
 going into dangerous places. 32 L.R.A. 
 (N.S.) 198. 
 
 Liability for personal injury to passenger 
 by crowd at station or stopping place. 
 32 L.R.A.(N.S.) 470. 
 
 Injury by crush in entering car at elevated 
 or subway station. 7 L.R.A. (N.S.) 729; 
 51 L.R.A.(N.S.) 1152. 
 
 Liability of carrier for injury to passenger, 
 or intending passenger, through block 
 ing way to station or train. 15 L.R.A. 
 (N.S.) 740. 
 
 Violation by servant of rule adopted by 
 railway company as evidence of negli- 
 gence in case of injury to passenger 
 alighting from or boarding train. 
 L.R.A.1917C, 799, 806. 
 
 64. Right and duty to prevent board- 
 Ing or alighting from moving car. 
 
 Right to prevent one boarding a moving 
 car for purpose of becoming a passen- 
 ger. 21 L.R.A. (N.S.) 36. 
 Duty of carrier to prevent passenger from 
 alighting from car or train while in 
 motion. 31 L.R.A.(N.S.) 625; 
 L.R.A.1918B, 1131. 
 Minor passenger. 17 L.R.A.(N.S.) 101: 
 
 L.R.A.1918B, 1133. 
 
 Injury to passenger alighting from moving 
 train which he had boarded through 
 negligence of carrier. 32 L.R.A.(N.S.) 
 280. 
 
 Begin irith this boolc on fvery laic question. 
 
 CARRIERS, III. j; 3 cont'd 
 65. Injury by other train. 
 
 Contributory negligence, see infra, 83. 
 
 Running train or car between standing train 
 and station. 13 L.R.A. (N.S.) 620; 31 
 L.R.A.(N.S.) 338. 
 
 Stopping passenger train at point where 
 trains are standing or moving on par- 
 allel, adjacent tracks. 17 L.R.A. (N.S.) 
 179. 
 
 66. Negligence in stopping and start- 
 ing. 
 
 Violation by servant of rule adopted by rail- 
 way company as evidence of negligence 
 toward passenger. L.R.A.1917C, 800. 
 
 What injuries may be deemed the proxi- 
 mate result of failure to stop street 
 car for waiting passenger. 33 L.R.A. 
 (N.S.) 1007. 
 
 Negligence in starting street car with jerk. 
 23 L.R.A.(N.S.) 891; 34 L.R.A.(N.S.) 
 225. 
 
 Sudden stopping of train in an emergency 
 as negligence toward passenger. L.R.A. 
 1915D, 368. 
 
 Presumption of negligence from sudden 
 start, stop, jolt, or jerk of car. 7 L.R.A. 
 (N.S.) 1076; 13 L.R.A. (N.S.) 611; 29 
 L.R.A r (N.S.) 814; L.R.A.1916C, 373. 
 
 Liability for injuries to passengers inside 
 car from sudden starting or stop- 
 ping of train. 34 L.R.A. (N.S.) 
 229. 
 
 Starting car before passenger is seated. 
 42 L.R.A. 293; 4 L.R.A. (N.S.) 558; 
 L.R.A.1915A, 797. 
 
 Liability of street car company for injury 
 to passenger boarding car by starting 
 of car on signal of fellow passenger. 
 49 L.R.A.(N.S.) 810; L.R.A.1918F, 819. 
 
 67. while passenger is alighting. 
 
 Duty to see that passenger has alighted be- 
 fore starting train at station. 25 
 L.R.A.(N.S.) 217. 
 
 Duty of street-car conductor to see that 
 passenger is off before starting the car. 
 11 L.R.A.(N.S.) 140. 
 
 Negligence in starting street car with jerk 
 while passenger is alighting. 23. 
 L.R.A.(N.S.) 891; 34 L.R.A. (N.S.) 
 225. 
 
 Presumption of negligence from sudden 
 starting of car while passenger is 
 alighting. 13 L.R.A.(N.S.) 611; 29- 
 L.R.A.(N.S.) 814* L.R.A.1916C, 373. 
 
 Liability of street car company for injury 
 to alighting passenger by starting of 
 car on signal of fellow passenger. 27 
 L.R.A.(N.S-) 764; 37 L.R.A.(N.S.) 
 724; L.R.A.1918F, 819. 
 
 Time allowed passenger to alight. 4 L.R.A. 
 (N.S.) 140. 
 
 Measure of care owed to passengers wish- 
 ing to leave street car which has 
 stopped, but not for the purpose of al- 
 lowing passengers to alight.. 3 L.R.A. 
 (N.S.) 94.
 
 INDEX TO L.R.A. NOTES. 
 
 157 
 
 CARRIERS, III. j; 3 cont'd 
 
 Liability of street railway company for 
 stopping car at improper place for pas- 
 senger to alight. 16 L.R.A.(N.S.) 467. 
 
 Discharging street car passenger on curve. 
 L.R.A.1915C, 609. 
 
 Injury to passenger alighting temporarily 
 at intermediate point. 51 L.R.A. (N.S.) 
 899. 
 
 68. Duty to assist passenger. 
 
 Duty to assist passenger boarding or alight- 
 ing. 48 L.R.A. (N.S.) 816. 
 
 Duty to guide or conduct passenger to or 
 from train. 20 L.R.A. (N.S. ), 1041. 
 
 Violation by servant of rule as to assisting 
 passengers as evidence of negligence in 
 case of injury to passenger. L.R.A. 
 1917C, 799. 
 
 69. Injury to person assisting pas- 
 senger. 
 
 Duty to one assisting passenger on train. 
 3 L.R.A.(N.S.) 432; 22 L.R.A. (N.S.) 
 910; 28 L.R.A. (N.S.) 773; 46 L.R.A. 
 (N.S.) 357; L.R.A.1918F, 317. 
 
 4. Safety of stations, approaches, and 
 
 platforms. 
 70. Generally. 
 
 As to stations generally, see infra, 94. 
 Announcement of stations, see supra, 45. 
 Carrying beyond station, see supra, 46. 
 Keeping station open, see supra, 48. 
 Discrimination at and governmental reg- 
 ulation as to, see infra, 161, 162. 
 
 Places within implied invitation extended to 
 passengers or persons on business 
 at railroad station. L.R.A.1915B, 
 827. 
 
 Violation by servant of rule as to approach- 
 ing station or standing train as evi- 
 dence of negligence in case of injury to 
 passenger. L.R.A.1917C, 800. 
 
 Delegation of duty as to safety of station 
 premises as affecting liability to pas- 
 sengers. 50 L.R.A. (N.S.) 561. 
 
 Application to operations in depot grounds 
 of statute or ordinance requiring look- 
 out on trains. 5] L.R.A.(N.S.) 618. 
 
 Degree of care toward passenger at sta- 
 tion. 33 L.R.A.(N.S.) 855. 
 
 Duty to maintain safe approaches beyond 
 its own premises. 16 L.R.A. 593. 
 
 Right of passenger using, as approach to 
 station, a wav not provided by carrier. 
 23 L.R.A.(N.S.) 633; 47 L.R.A.(N.S.) 
 1149. 
 
 Presumption of negLigence from occurrence 
 of accident to passenger at stations. 
 15 L.R.A. 35. 
 
 Measure of care which a carrier must ex- 
 ercise to keep its platforms and ap- 
 proaches safe. 20 L.R.A. 520. 
 
 Duty of carrier to guard passenger against 
 walking through station doorway lead- 
 ing to place of danger. 24 L.R.A. 
 (N.S.) 250. 
 
 Contributory negligence in walking through 
 doorway in railroad station leading to 
 place of danger. L.R.A.1917D, 892. 
 
 Duty of street railway as to condition of 
 approaches to cars. 32 L.R.A. (N.S.) 
 881; 48 L.R.A. (N.S.) 974. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, III. j; 4 cont'd 
 
 Duty of carrier as to condition of place 
 used as flag station. 39 L.R.A. (N.S.) 
 558. 
 
 Duty of interurban road with respect to 
 accommodations for boarding or leav- 
 ing car at country crossing. 13 L.R.A. 
 (N.S.) 476. 
 
 Liability to passenger for injury by article 
 falling from passing train. 44 L.R.A. 
 (N.S.) 1148. 
 
 Liability for injuries to person near track in 
 consequence of suction from passing 
 train. L.R.A.1917B, 1163. 
 
 71. Duty as to lights. 
 
 Duty of carrier to keep station lighted. 1 
 _ L.R.A. (N.S.) 851. 
 
 Failure to properly light waiting room as 
 affecting carrier's liability for assault 
 upon or robbery of passenger. L.R.A. 
 1918A, 1072. 
 
 72. Toward whom duty owed. 
 
 Places within implied invitation extended to 
 persons on business at railroad. L.R.A. 
 1915B, 827. 
 
 To whom railroads owe the duty of keep- 
 ing station platform safe. 20 L.R.A. 
 527. 
 
 Liability for injury to trespasser or bare 
 licensee at station by train. 41 
 L.R.A.(N.S.) 162. 
 
 Injury to intending passenger attempting 
 to flag train at flag station. 24 L.R.A. 
 (N.S.) 741. 
 
 Duty of carrier to persons who accompany 
 passengers to, or wait for them at, 
 stations. 20 L.R.A.(N.S.) 833. 
 
 Duty to one who goes on station grounds 
 to mail letter on train. 24 L.R.A. 
 (N.S.) 535. 
 
 Duty of railroad company to one who goes 
 upon station premises to transact busi- 
 ness with third person. L.R.A.1916A, 
 516. 
 
 Liability of railroad company for injury 
 to one going to station after it has 
 been closed for the night. 43 L.R.A. 
 (N.S.) 1134. 
 
 Duty of carrier to newsboys. 5Q L.R.A. 
 (N.S.) 689. 
 
 Duty and liability of carrier to passenger 
 who alights temporarily at interme- 
 diate point. 51 L.R.A.(N.S.) 899. 
 
 Liability of connecting carrier to passen- 
 gers at junction point. L.R.A.1918F, 
 433. 
 
 5. Condition of cars or vessels. 
 
 73. Generally. 
 
 Duty as to heating, see supra, 42. 
 
 Duty as to freight cars generally, see in- 
 fra, 136-140. 
 
 Liability for personal injury due to con- 
 dition of freight cars, see infra, 138. 
 
 Liability of railroad company for injury to 
 passenger by latent defect in car. 15 
 L.R.A.(N.S.) 790; L.R.A.1915D, 305. 
 Duty of railroad carrier in respect to 
 furnishing proper cars for pas- 
 sengers. 31 L.R.A. 313.
 
 INDEX TO L.R.A. NOTES. 
 
 CARRIERS, III. j; 5 cont'd 
 
 Carrier's liability to passenger on account 
 of unsanitary condition of car. 26 
 L.R.A.(N.S.) 263. 
 
 Liability of carrier to postal clerk for fail- 
 ure' to keep car in proper condition. 
 3 L.R.A. (N.S.) 218; 26 L.R.A.(N.S.) 
 1058; L.R.A.1918E, 517. 
 
 Liability of carrier for injury to passenger 
 by draft or rain from open windows or 
 doors. 11 L.R.A.(N.S.) 926. 
 
 Liability of carrier to passenger who falls 
 over fender. 26 L.R.A.(N.S.) 406. 
 
 Liability of railroad company for injury to 
 persons, not employees, caused by de- 
 fectively loaded car. 26 L.R.A.(N.S.) 
 204. 
 
 Liability for accident through leaving ves- 
 tibule doors open. 2 L.R.A.(N.S.) 645. 
 
 Liability of carrier for injury to passenger 
 from baggage or parcels in aisle of car. 
 13 L.R.A.(N.S.) 481; 43 L.R.A.(N.S.) 
 1050. 
 
 Duty of carrier to keep steps of cars free 
 from snow and ice. 15 L.R.A. (N.S.) 
 523; 35 L.R.A.(N.S.) 592. 
 
 Duty of carrier of passengers to keep steps 
 of car free from slippery substances 
 other than snow and ice. 39 L.R.A. 
 (N.S.) 419. 
 
 Duty as to condition of platform or running 
 board of street car. 45 L.R.A. (N.S.) 
 969. 
 
 Permitting space between platforms of cars 
 as negligence. L.R.A.1916D, 1113. 
 
 Carrier's liability for injury to passenger 
 from door of vehicle. 39 L.R.A. (N.S.) 
 878; L.R.A.1918D, 529. 
 
 Liability of carrier for personal injuries to 
 consignor or consignee or their em- 
 ployees caused by unsafe car. 9 L.R.A. 
 (N.S.) 857. 
 
 Duty to provide and keep gates on street 
 oars or interurban cars closed. 32 
 L.R.A. (X.S.) 346. 
 
 Duty of steamship company to passengers 
 
 as to condition 
 (X.S.) 532. 
 
 of decks. 33 L.R.A. 
 
 Failure to properly light car as affecting 
 carrier's liability for assault upon or 
 robbery of passenger. L.R.A. 1918A, 
 1072. 
 
 74. Overcrowded cars. 
 
 Contributory negligence on, see infra, 80. 
 
 Permitting car to be overcrowded as af- 
 fecting carrier's liability for assault 
 upon or robbery of passenger. 
 118A, 1072. 
 
 Injuries received on crowded railroad ' 
 trains. 24 L.R.A. 710. 
 
 On crowded car on elevated railroad. 24 
 L.R.A. 713. 
 
 On crowded street cars. 24 L.R.A. 712; 4 
 L.R.A.(N.S.) 399. 
 
 Injuries caused by fellow passengers on 
 crowded trains. 24 L.R.A. 711. 
 
 Liability of street railway company for in- 
 jury to person waiting for car in con- 
 sequence of carrying passengers on 
 
 CARRIERS, III. cont'd 
 
 Jc. Contributory negligence of person 
 injured. 
 
 75. Generally. 
 
 Question for jury as to, see TBIAL, 46. 
 
 Intoxication as affecting negligence of pas- 
 sengers. 40 L.R.A. 134; 47 L.R.A. 
 (N.S.) 736; L.R.A.1916F, 102. 
 
 On crowded street car. 24 L.R.A. 712. 
 
 On crowded car on elevated railroad. 24 
 L.R.A. 713. 
 
 Contributory negligence of passenger in- 
 jured by crush in entering car at ele- 
 vated or subway station. .11 L.K.A. 
 (X.S.) 1152. 
 
 Contributory negligence of intending pas- 
 senger who enters car prematurely. 33 
 L.R.A.(N.S.) 585. 
 
 Contributory negligence of persons struck 
 by street car while waiting for a car. 
 22 L.R.A.(N.S.) 228. 
 
 Child passenger exposing himself to dan- 
 ger in consequence of conduct of em- 
 ployees. 20 L.R.A. (N.S.) 1124. 
 
 Duty of passengers to leave crowded street 
 car at request of conductor. 30 L.R.A. 
 (N.S.) 993. 
 
 Duty of passenger to protect himself dur- 
 ing an affrav on the train. 32 L.R.A. 
 (N.S.) 1209." 
 
 Contributory negligence of passenger in- 
 jured by other passenger who was ob- 
 viously drunk. 4 B. R. C. 340. 
 
 Contributory negligence of passenger in 
 standing inside of railroad car. 50- 
 L.R.A.(N.S.) 441. 
 
 Contributory negligence of passenger in 
 standing inside of street car. 50 L.R.A, 
 (X.S.) 450. 
 
 Contributory negligence of passenger in- 
 jured by door of vehicle. L.R.A. 1918D, 
 529. 
 
 Contributory negligence in walking through 
 doorway in railroad station leading to 
 place of danger. L.R.A.1917D, 892 ; 
 
 Contributory negligence of passenger who 
 alights temporarily at intermediate 
 point. 51 L.R.A. (N.S.) 899. 
 
 Liability of carrier for personal injuries 
 to passenger who attempts to reach his 
 destination by other means because of 
 delay or stalling of car or train. L.R.A. 
 1917F, 357. 
 
 Imputing negligence of carrier to passenger. 
 L.R.A. j 8 L.R.A.(N.S.) 616; L.R.A.1915A, 761. 
 
 platform or running board. 
 
 76. Exposure of part of body. 
 
 Exposing part of body beyond car. 
 L.R.A. 91; 5 L.R.A. (N.S.) 274; 
 L.R.A.(N.S.) 42. 
 
 16 
 50 
 
 77. Passing from one car to an- 
 other. 
 
 Negligence of passenger in passing from 
 
 one car to another. 
 720; 37 L.R.A. (N.S.) 
 
 45 L.R.A. j Obedience to instructions. 
 L.R.A.1916E, 767. 
 it-till th in book on every law question. 
 
 34 L.R.A. 
 
 518. 
 
 34 L.R.A. 721;
 
 INDEX TO L.R.A. NOTES. 
 
 159 
 
 CARRIERS, III. k cont'd 
 78. Riding in dangerous or unusual 
 place generally. 
 
 Riding in clangorous places on crowded rail- 
 road trains. 24 L.R.A. 710. 
 
 Riding on top of bar as contributory negli- 
 gence. 30 L.R.A. (N.S.) 425. 
 
 79. Hiding in wrong car. 
 
 Passenger's riding in baggage or express 
 car as contributory negligence. 16 
 L.R.A. 631. 
 
 80. Riding on platform. 
 
 Negligence of carrier, see supra, 60. 
 
 Riding on platform of street car as negli- 
 gence. 49 L.R.A. (N.S.) 135. 
 
 Riding on platform of railroad car as neg- 
 ligence. 29 L.R.A. (N.S.) 325; 
 L.R.A.1915B, 166. 
 Where train is crowded. 24 L.R.A. 710. 
 
 Contributory negligence of passenger in rid- 
 ing or standing on running board of 
 street car. 2 L.R.A. (N.S.) 1191, 10 
 L.R.A.(N.S.) 352; 12 L.R.A. (N.S.) 
 831; 21 L.R.A.(N.S.) 972; 49 L.R.A. 
 (N.S.) 135. 
 
 Negligence in getting on platform or steps 
 of car just before reaching station. 21 
 L.R.A. (N.S.) 715. 
 
 Riding on platform as affecting right to 
 recover for injury through accident to 
 train or car. 17 L.R.A. (N.S.) 158. 
 
 81.- Getting on and off railroad train. 
 
 Negligence of carrier, see supra, 6369. 
 Injury to passenger on track before board- 
 ing or after alighting, see infra, 83. 
 
 Status as passenger of one who attempts to 
 board a moving car or train. L.R.A. 
 1916B, 832. 
 
 Negligence of passenger in getting on or 
 off moving train. 21 L.R.A. 354; 
 22 L.R.A.(N.S.) 741; L.R.A.1915C, 
 181. 
 
 Alighting from moving train 21 
 L.R.A. 358; 24 L.R.A. 711; 22 
 L.R.A.(N.S.) 742; L.R.A.1915C, 
 181. 
 
 Boarding train while in motion. 21 
 L.R'.A. 356; 22 L.R.A. (N.S.) 757; 
 L.R.A.1915C, 186. 
 
 Negligence of passenger attempting to board 
 car when door or gate is closed. 7 
 L.R.A.(N.S.) G03. 
 
 Contributory negligence of passenger where 
 train is run past station. 37 L.R.A. 
 (N.S.) 266. 
 Parties compelled to alight from train. 21 
 
 L.R.A. 354. 
 
 Contributory negligence of child in jump- 
 ing on or off moving railroad train. 
 21 L.R.A. 355; 29 L.R.A. (N.S.) 846. 
 Assumption of passenger that car will stop 
 at proper place for alighting. 2 L.R.A. 
 (N.S.) 115; 9 L.R.A.(N.S.) 1113. 
 Construction and effect of statute making 
 it an offense to get on a moving car or 
 train. 23 L.R.A.(N.S.) 533. 
 Negligence of passenger in going upon plat- 
 form or steps of car just before reach- 
 in? Ha station. 21 L.R.A. (N.S.) 715. 
 Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, III. k cont'd 
 
 Boarding or alighting from moving train 
 as defense under general provision in 
 policy as to exposure to danger. 10 
 L.R.A. (N.S.) 957. 
 
 82. Getting on or off street car. 
 
 Negligence of carrier, see supra, 63- 
 69. 
 
 Negligence of passenger who attempts to 
 board car when door or gate is closed. 
 7 L.R.A. (N.S.) 603. 
 
 Contributory negligence of passenger in- 
 jured by crush in entering car at ele- 
 vated or subway station. 51 L.R.A, 
 (N.S.) 1152. 
 
 Negligence in getting on or off a moving 
 street car. 38 L.R.A. 786; 30< 
 L.R.A.(N.S.) 270. 
 
 83. Crossing track. 
 
 Negligence of carrier, see supra, 65. 
 
 Injury to street car passenger who, upon 
 alighting, passes around end of car, 
 and is struck by car on other track. 4 
 L.R.A.(N.S.) 729; 21 L.R.A. (N.S.) 
 887. 
 
 Duty of passenger embarking or disem 
 barking at station to stop, look, and 
 listen before crossing track adjacent 
 to train. 13 L.R.A.(N.S.) 621; 27 
 L.R.A.(N.S.) 128. 
 
 84. After ejection. 
 
 Negligence of passenger ejected from train r 
 in walking on railroad track. 12 
 
 L.R.A. (N.S.) 359. 
 
 I. RisJcs assumed ibt/ passenger. 
 
 84a. In general. 
 
 Risks of negligence assumed by passenger 
 
 as including gross negligence. 1 L.R.A. 
 
 (N.S.) 675. 
 By passenger getting on or off moving car. 
 
 38 L.R.A. 786. 
 By passenger riding or standing on running 
 
 board of street car. 2 L.R.A.(N.S.) 
 
 1191. 
 
 85. On freight train. 
 
 As to jerking the cars in stopping or start- 
 ing a train. 19 L.R.A. 310. 
 
 As to risk in stock car. 19 L.R.A. 311. 
 
 As to what degree of care is required in 
 other cases. 19 L.R.A. 311. 
 
 By person riding on drover's pass. 22 
 L.R.A. 794. 
 
 m. Baggage and property of passenger. 
 
 86. Generally. 
 
 Delivery of baggage check to carrier as de- 
 livery of baggage. 14 L.R.A. (N.S.) 
 859. 
 
 How far is carrier bound by act of baggage- 
 man in receiving articles as baggage. 
 10 L.R.A. (N.S.) 1119. 
 
 Duty to check baggage to destination. 25 
 L.R.A.(N.S.) 537.
 
 LtQ 
 
 INDEX TO L.R.A. NOTES. 
 
 CARRIERS, III. m cont'd 
 
 Right of passenger to carry baggage^ or 
 
 packages in 
 
 (N.S.) 889. 
 Liability of carrier for injury to passenger 
 
 street car". 30 L.R.A. 
 
 3 or parcel in aisle of car. 
 .) 481; 43 L.R.A.(N.S.) 
 
 from baggaj 
 
 13 L.R.A.(1 
 
 1060. 
 Implied exceptions in statute as to free 
 
 transportation of. 25 L.R.A. 569. 
 Duty of carrier to transport baggage on 
 
 same train with passenger. 17 L.R.A. 
 
 Continuation of relation while looking after 
 
 baggage after reaching destination. 2 
 
 L.RJMN.S.) 876. 
 Rights of one going to station to deposit 
 
 baggage. 28 L.R.A. ( N.S. ) 311. 
 Carrier's liability for assault by employee 
 
 while attending to baggage. 17 L.R.A. 
 
 (N.S.) 765. 
 
 87. What is baggage. 
 
 Liability for loss of property carried as 
 see infra, 89. 
 
 Bicycle as baggage. 47 L.R.A. 306. 
 Books and manuscript as baggage. 41 
 
 L.R.A.(N.S.) 371. 
 Household goods or supplies as baggage. 39 
 
 L.R.A.(N.S.) 634. 
 
 Drummer's baggage. L.R.A.1918C, 108. 
 Articles intended for gifts as baggage for 
 
 which carrier is responsible. 21 L.R.A. 
 
 (N.S.) 850. 
 
 88. Duty and liability of sleeping car 
 company. 
 
 Duty of sleeping car company as to baggage 
 or personal effects of passengers. 21 
 L.R.A. 289; 9 L.R.A. (N.S.) 407; 41 
 L.R.A.(N.S.) 799; L.R.A.1915B, 621. 
 
 89. Liability for loss of generally. 
 
 Extent of recovery for loss, see DAMAGES, 
 46, 106. 
 
 Liability for baggage not accompanied by a 
 passenger. 55 L.R.A. 650; 43 L.R.A. 
 (N.S.) 806; L.R.A.1915E, 281. 
 
 Liability of carrier for loss of drummer's 
 baggage. 4 L.R.A.(N.S.) 1035; L.R.A. 
 1918C, 108. 
 
 Liability of passenger carrier transporting 
 merchandise intrusted to it by passen- 
 ger. 14 L.R.A. 515. 
 
 Liability in respect to property of third 
 person in passenger's baggage. L.R.A. 
 1918C, 114. 
 
 Recovery by parent for loss of personal ef- 
 fects of infant that pays no fare. 1 
 L.R.A.(X.S.) 353. 
 
 Liability of baggage transfer 
 L.R.A. 1916D, 1202. 
 
 Duty and liability of carrier as to baggage 
 not checked. L.R.A.1916E, 482. 
 
 Refusal to surrender ticket or pay fare be- 
 cause of breach of contract as affecting 
 right to recover for damage to or loss 
 of baggage of passenger. L.R.A.1916E, 
 491. 
 
 company. 
 
 CARRIERS, III. m cont'd 
 
 Liability of carrier for loss of property in 
 
 a check room. 18 L.R.A. (N.S.) 295; 
 
 29 L.R.A.(N.S.) 834. 
 Burden of proof as to liability of common 
 
 carrier for baggage. 36 L.R.A. 781. 
 Right of owner of baggage to testify as to 
 
 its value in action for its loss. 37 
 
 L.R.A.(N.S.) 588. 
 
 89a. Liability for loss of hand 
 baggage or other effects in the 
 custody and control of passenger. 
 
 Railroad and street railways. L.R.A.1915B, 
 
 608, 609. 
 
 Steamship companies. L.R.A. 1915B, 613. 
 Presumption and burden of proof as to re- 
 
 sponsibility 
 1063. 
 
 for loss. L.R.A.1918B, 
 
 90. Liability after reaching destina- 
 tion. 
 
 Liability for baggage after reaching desti- 
 nation of passenger. 36 L.R.A. 
 781; 38 L.R.A. (N.S.) 383. 
 Termination of liability for baggage. 3 
 L.R.A.(N.S.) 183. 
 
 91. Limitation of liability. 
 
 As to passengers generally, see supra, 28, 
 
 29 
 As to freight, see infra, 128-135. 
 
 Limitation of carrier's liability for passen- 
 ger's luggage. 19 L.R.A.(N.S.) 1006; 
 34 L.R.A.(N.S.) 818; L.R.A.1916A, 
 1273. 
 
 Limitation of liability by baggage transfer 
 company. L.R.A.1916D, 1204. 
 
 Carmack amendment as affecting state regu- 
 lations as to stipulations limiting lia- 
 bility. 50 L.R.A. (N.S.) 819. 
 
 Effect of limitation of carrier's liability on 
 liability for loss of hand baggage or 
 other e'ffects in the custody or control 
 of passenger. L.R.A.1915B, 612. 
 
 Application to hand baggage of limitation 
 of liability for loss of baggage. 5 
 L.R.A.(N.S.) 650. 
 
 Does stipulation exempting carrier from lia- 
 bility for passenger's baggage, or lim- 
 iting amount thereof, cover losses due 
 to negligence. 8 L.R.A. (N.S.) 199; 34 
 L.R.A.(N.S.) 826. 
 
 Limitation of liability for baggage after 
 
 reaching destination of passenger. 
 L.R.A. 787. 
 
 36 
 
 Valuation of property for purposes of 
 transportation as affecting carrier's lia- 
 bility where the property is converted 
 or embezzled while in its possession. 
 L.R.A.1918A, 756. 
 
 92. Measure of damages. 
 
 See DAMAGES, 15, 46, 106. 
 
 n. Corpse. 
 
 93. Generally. 
 
 Duty of carrier as to transportation of 
 
 corpses. 38 L.R.A. (N.S.) -'32. 
 Who may maintain action for mutilation 
 
 Begin with this boofc on every law question. 
 
 of corpse. L.R.A.1915B, 519.
 
 INDEX TO L.R.A. NOTES. 
 
 16J 
 
 CARRIERS, III. cont'd 
 
 o. Stations. 
 
 94. Generally. 
 
 Duty of company at, generally, see supra, 
 48. 
 
 Announcement of, see supra, 45. 
 
 Carrying beyond, see supra, 46. 
 
 Safety of, see supra, 70-72. 
 
 Discrimination at, and governmental regu- 
 lations as to, see infra, ]61, 162. 
 
 As to contracts with reference to, see RAIL- 
 KOADS, 27. 
 
 Right to change the location of station. 
 34 L.R.A.(N.S.) 412. 
 
 p. Passengers on freigJit train. 
 
 95. Generally. 
 
 Liability for injury to passenger on, see 
 
 supra, 61. 
 Risks assumed by passenger on, see supra, 
 
 85. 
 
 What risk is assumed by passengers on 
 freight trains. 19 L.R.A. 310. 
 
 Carrier's liability for injury to person 
 wrongfully on freight train by collusion 
 with train employee. 5 L.R.A. (N.S.) 
 1025; 37 L.R.A. (N.S.) 421. 
 
 Extent of ticket agent's authority as to 
 carriage on. 31 L.R.A. (N.S.) 233. 
 
 Liability for injuries to passenger from 
 sudden starting or stopping of train. 
 34 L.R.A. (N.S.) 230. 
 
 q. Pullman and sleeping car 
 companies. 
 
 96. Duty and liability of Pullman 
 or sleeping- car companies. 
 
 Duty and liability as to baggage, see supra, 
 
 " 88. 
 Liability for money stolen from passenger. 
 
 11 'L.R.A. 762. 
 
 Ejection of passenger by sleeping car com- 
 pany. 2] L.R.A. 295. 
 
 Right of passenger, who has lost ticket. 
 L.R.A.1918E, 985. 
 
 Duty of sleeping car company as to con- 
 tinuous passage. 21 L.R.A. 295. 
 
 Liability of sleeping car company for per- 
 sonal injuries to passenger. 21 L.R.A. 
 296. 
 
 Duty to protect passengers from assault. 
 L.R.A.1917F, 888. 
 
 Liability for wilful misconduct of employ- 
 ees. 4 L.R.A. (N.S.) 492, 502. 
 
 Liability for failure to furnish passenger 
 with sleeping car accommodations. 21 
 L.R.A. 295; 5 L.R.A. (N.S.) 1012; 38 
 L.R.A. (N.S.) 259; L.R.A.1915B, 1202. 
 
 Duty to notify passenger in. of arrival at 
 "destination. 14 L.R.A. (N.S.) 907; 
 L.R.A.1915C, 669. 
 
 Duty to provide separate compartments for 
 colored passengers in sleeping or 
 palace cars. 32 L.R.A. (N.S.) 801; 
 L.R.A.1918D, 700. 
 
 Constitutionality of statute requiring un- 
 occupied upper berth to be left closed. 
 L.R.A.1916A, 1139. 
 
 CARRIERS, III. q cont'd 
 97. Rights, duties, and liabilities of 
 railroad company. 
 
 Duty of railroad to furnish sleeping car 
 service. L.R.A. 1918A, 51. 
 
 Right of carrier to run trains composed ex- 
 clusively of sleeping or parlor cars. 36 
 L.R.A. (N.S.) 1139. 
 
 Carrier's liability for assaults on passengers 
 by servants of sleeping and palace car 
 company. 14 L.R.A. 740; 21 L.R.A. 
 297. 
 
 Liability of railroad company for acts of 
 employee of sleeping or Pullman Car 
 Company toward passengers. - 21 
 L.R.A. 297: 23 L.R.A. (N.S.) 1056. 
 
 Liability of railroad company for acts of 
 Pullman car employees toward tres- 
 passers. L.R.A.1917A, 420. 
 
 Contract exempting railroad company from 
 liability for negligent injury to sleep- 
 ing car employees or others sustain- 
 ing a similar relation to the company. 
 
 11 L.R.A. (N.S.) 432; 50 L.R.A. (N.S.') 
 432; L.R.A.1917D, 648. 
 
 r. Connecting carriers; negligence of 
 other company. 
 
 98. Generally. 
 
 Of freight, see infra, 142, 143. 
 
 Responsibility assumed by one corporation 
 in issuing tickets good upon line of 
 another. 42 L.R.A. (N.S.) 79. 
 
 Duty of connecting carrier to passenger 
 holding coupon ticket, as affected by 
 delay on part of the other carriers. 25 
 L.R.A. (N.S.) 459. 
 
 Carrier's liability for injury to its passen- 
 ger through negligence of another com- 
 pany which it permits to use its tracks. 
 26 L.R.A.(N.S.) 987. 
 
 Duty and liability to passengers at junction 
 point. L.R.A.3918F, 433. 
 
 Constitutionality of statute requiring car- 
 rier to sell tickets good on connecting 
 line. 42 L.R.A.(N.S-) 541. 
 
 s. Penalty. 
 
 99. Generally. 
 
 Motive of plaintiff as affecting right to re- 
 cover statutory penalty from carriei* 
 
 12 L.R.A. (N.S*) 497. 
 
 Penalties to enforce orders of Public Serv- 
 ice Commissions. L.R.A. 1918E, 311. 
 
 Cumulative penalties for failure of carrier 
 to provide separate accommodations for 
 white and colored persons. L.R.A. 
 1917B, 548. 
 
 Constitutionality of statute imposing pen- 
 altv for failure to pay claim. 42 L.R.A. 
 (N".S.) 106; L.R.A.1917B, 926. 
 
 t. Tax on passenger traffic. 
 
 100. Generally. 
 
 Taxation on passenger traffic. 57 L.R.A. 
 59. 
 
 State taxation of passenger travel as af- 
 fected by commerce clause. 60 L.R.A. 
 
 Consult also L.R.A. Digests of Cases. 11
 
 162 
 
 INDEX TO L.R.A. NOTES. 
 
 CARRIERS cont'd 
 
 IV. Carrier* of freight, 
 a. In general. 
 
 101. Generally. 
 
 Governmental control, see infra, V. 
 
 Authority of agent, see PRINCIPAL AND 
 
 AGENT, 21. 
 KlVi-.-t. of delivery of goods to carrier as 
 
 li.-twfon seller and purchaser, see SALE, 
 
 11- 
 Right of stoppage in transitu, see SALE, 
 
 61. 
 
 Authority of agent of initial carrier to 
 extend its undertaking beyond its own 
 line. 31 L.R.A.(N.S.) 32. 
 
 Mandatory injunctions to. 20 L.R.A. 166. 
 
 Con (Met of laws as to contracts of. 63 
 L.R.A. 513: 18 L.R.A.(N.S.) 874. 
 
 Effect of war on contract of affreightment 
 with alien enemies. L.R.A.1917C, 667. 
 
 Effect of breaking continuity of shipment 
 upon its interstate character. L.R.A. 
 1917D, 1184. 
 
 Liabii.tv lor tailure to forward bonded mer- 
 chandise. 4 L.R.A.(N.S.) 1060. 
 
 Order for goods in carrier's possession as 
 subject of forgery. 32 L.R.A.(N.S.) 
 338. 
 
 Right to use railroad right of way for pur- 
 pose .of depot. 36 L.R.A. (N.S.) 516. 
 
 Right to use railroad right of way for 
 freight facilities. 36 L.R.A. (N.S.) 517. 
 
 Rights of third persons claiming under 
 carriers to assert title as against own- 
 er. 25 L.R.A.(N.S.) 781. 
 
 Right of bailee to assert against bailor the 
 hostile title of a third person. 33 
 L.R.A.(N.S.) 681; L.R.A.1918B, 662. 
 
 Sufficiency of general allegations of negli- 
 gence. 59 L.R.A. 239. 
 
 Estoppel to plead- defense of limitation to 
 action on carrier's contract. 63 L.R.A. 
 206. 
 
 Effect of character of sum agreed upon for 
 breach of contract to provide freight as 
 penalty or liquidated damages of sin- 
 gle or multiple stipulations in contract. 
 L.R.A.1915E, 380. 
 
 Right of owner to benefit of insurance taken 
 out by carrier. 47 L.R.A.(N.S.) 196. 
 
 Liability of railroad company for injury 
 resulting from act of shipper or con- 
 signee in setting car in motion. 51 
 L.R.A. (N.S.) 888. 
 
 Liability for injury by explosives during 
 shipment. L.R.A.1916B, 725. 
 
 Liability of a carrier for injury or damage 
 inflicted by an animal which escapes 
 
 from its custody or control. 
 1915D, 564. 
 
 L.R.A. 
 
 102. Who may maintain action 
 against carrier. 
 
 Matters affecting interstate commerce, see 
 COMMERCE, 7, 8. 
 
 Who is real party in interest by whom 
 action against carrier of goods must 
 be brought. 64 T..R.A. 617. 
 
 Begin irilh this boofr on every law question. 
 
 CARRIERS, IV. a cont'd 
 Right of consignee to maintain action 
 against carrier. 22 L.R.A. 428; 
 36 L.R.A.(N.S.) 68. 
 
 Who may maintain action against carrier 
 for nondelivery of goods delivered to 
 carrier bv vendor for transportation to 
 purchaser. 32 L.R.A. 427. 
 
 103. Effect of deviation. 
 
 Effect of deviation upon rights and liabili- 
 ties of carriers. 2 B. R. C. 587; 3 B. 
 R. C. 285. 
 
 On rights and obligations arising from 
 special contract. 2 B. R. C. 
 612; 35 L.R.A.(N.S.) 1046; 
 L.R.A.1917A, 62. 
 
 Prior deviation as affecting carrier's liabil- 
 ity for loss or damage to goods from 
 act of God. L.R.A.1916D, 988. 
 
 Loss or damage from, due to initial car- 
 rie/'s own negligence or breach of con- 
 tract. 31 -L.R.A.(N.S.) 85. 
 
 Liability of carrier for damages other than 
 loss or delay resulting from deviation. 
 L.R.A.1918A, 1064. 
 
 104. Injury to persons loading or 
 unloading. 
 
 Injuries due to condition of cars, see 
 infra, 138. 
 
 Liability of consignee to servants of car- 
 rier. 46 L.R.A. 97. 
 
 Shipper's duty to notify carrier of danger- 
 ous character of article shipped. 36 
 L.R.A. 648. 
 
 Liability of railroad to employees for negli- 
 gence of shippers in use of instrumen- 
 talities for loading and unloading cars. 
 24 L.R.A. (N.S.) 1020. 
 
 Duty of carrier to protect one other than 
 employee from injury by movement of 
 cars or trains while loading or un- 
 loading freight or express. 31 L.R.A. 
 (N.S.) 960; L.R.A.1915F, 866. 
 
 105. Right of agent, etc., as con- 
 signee. 
 
 Right of agent, factor, broker, or commis- 
 sion merchant to whom goods are 
 consigned for sale, to maintain ac- 
 tion against a common carrier for 
 damage to or loss of goods during 
 transit. 26 L.R.A. (N.S.) 437. 
 
 106. Liability of baggage transfer 
 companies. 
 
 As common carriers. 34 L.R.A. 137; 21 
 L.R.A.(N.S.) 188; L.R.A.1916D, 1202. 
 
 When liable. 34 L.R.A. 138. 
 
 Limitation of liability. 34 L.R.A. 138; 
 L.R.A.1916D, 1204. 
 
 When not liable. 34 L.R.A. 139. 
 
 When duty commences. L.R.A. 1916D, 1202. 
 
 What constitutes delivery by transfer com- 
 pany. L.R.A.1916D, 1203. 
 
 Liability 'as affected by character of goods. 
 L.R.A.1916D, 1203. 
 
 Damages. L.R.A.1916D, 1203.
 
 INDEX TO L.R.A. NOTES. 
 
 163 
 
 CARRIERS, IV. a cont'd 
 The effect of a custom. 34 L.R.A. 140; 
 L.R.A.1916D, 1205. 
 
 ft. Bills of lading and special contracts. 
 
 107. Generally. 
 
 To whom delivery may be made under bill 
 
 of lading, see infra, 115. 
 As to bills of lading generally, see BILLS 
 
 OF LADING. 
 
 Right as against carrier of discounter of 
 draft as to property covered by a bill 
 of lading attached to draft. 49 L.R.A. 
 (N.S.) 651. 
 
 Validity of contract for transportation in 
 violation of particular statutes. 
 12 L.R.A.(N.S.) 609. 
 
 Impossibilities of performance as affecting 
 liability under carrier's contract. 14 
 L.R.A. 216. 
 
 Carrier's liability for servant's act in mak- 
 ing out false bill of lading. 27 L.R.A. 
 172. 
 
 To whom may delivery be made under bill 
 of lading. 38 L.R.A. 358. 
 
 Effect of, on delivery to impostor by car- 
 rier. 37 L.R.A. 178. 
 
 Effect of deviation on rights and obliga- 
 tions of carrier arising from special 
 contract. 2 B. R. C. 612; 35 L.R.A. 
 (N.S.) 1046; L.R.A.1917A, 62. 
 
 Liability of carrier to bona fide holder up- 
 on bill of lading issued by negligence 
 or mistake of agents without delivery 
 of any goods to carrier. 41 L.R.A. 
 (N.S.) 500. 
 
 Transit privileges. L.R.A.1918A, 178. 
 
 108. Coiiclusiveness of. 
 
 Constitutionality of statute making bill of 
 lading conclusive proof of receipt of 
 property. 22 L.R.A. (N.S.) 821. 
 
 Liability of carrier to a bona fide holder 
 upon bill of lading issued by negligence 
 or mistake of agent without delivery 
 of any goods to carrier. 6 L.R.A. 
 (N.S.) 302; 22 L.R.A. (N.S.) 828. 
 
 Right of carrier to deny, as against bona 
 fide holder of bill of lading, that goods 
 were delivered to it. 6 L.R.A.(N.S.) 
 302. 
 
 Collusiveness of bill of lading as to char- 
 acter and amount of goods as between 
 carrier and bona fide transferrer. 34 
 L.R.A.(N.S.) 1177. 
 
 c. Duty to receive and transport. 
 
 109. Generally. 
 
 Injunction to compel a carrier to transport 
 freight. L.R.A.1918C, 887. 
 
 Duty as to collection of packages by ex- 
 press company. 33 L.R.A. 66. 
 
 Right of carrier to refuse to receive in 
 afternoon valuables to go on tnorning 
 train. 15 L.R.A. (N.S.) 558. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, IV. c cont'd 
 
 Right to discontinue receipt of freight at 
 place other than regular station. 38 
 L.R.A.(N.S.) 932. 
 
 Duty of carrier to accept freight originat- 
 ing and terminating within city limits. 
 33 L.R.A. (N.S.) 443. 
 
 Duty of carrier to accept liquor for trans- 
 portation to points where its sale is 
 prohibited or restricted. 40 L.R.A. 
 (N.S.) 798; 45 L.R.A. (N.S.) 120. 
 
 Effect of strike on carrier's duty to accept 
 freight. 35 L.R.A. 623; *22 L.R.A. 
 (N.S.) 1200. 
 
 Right to refuse to transport dangerous 
 articles. 36 L.R.A. 649. 
 
 d. Loss of, or injury to, property. 
 
 110. Generally. 
 
 To live stock, see infra, 124-127. 
 
 Limitation of liability as to, see infra, 
 128-135. 
 
 Liability for loss or injury due to condition 
 of cars, see infra, 136. 
 
 Liability of connecting carrier for loss, see 
 infra, 143. 
 
 Extent of recovery for, see DAMAGES, 47. 
 
 Presumption and burden of proof as to neg- 
 ligence, see EVIDENCE, 71, 71a. 
 
 Railroad liability for loss of registered let- 
 ter. 5 L.R.A.(N.S.) 459. 
 
 Liability of carrier for loss of or injury 
 to dog. 40 L.R.A. 508. 
 
 Carrier's liability for injury by goods be- 
 coming wet. 39 L.R.A. (N.S.) 645. 
 
 Liability of carrier in respect of property 
 which it accepts improperly packed or 
 crated. 29 L.R.A.(N.S.) 1214; L.R.A 
 1915D, 1077. 
 
 Effect of misrepresentation as to character, 
 quantity, or value of goods by shipper 
 on his right to recover for loss. 23 
 L.R.A.(N.S.) 745; L.R.A.1915A, 502. 
 
 Right of consignee who refuses to accept 
 goods to maintain action for damages 
 against carrier. 30 L.R.A. (N.S.) 1071. 
 
 Liability of carrier for toss or damage to 
 goods while being returned to shipper. 
 22 L.R.A. (N.S.) 945. 
 
 Carrier's duty to hasten shipment or take 
 other precautions to prevent 
 loss threatened without any 
 antecedent fault on its part. 
 39 L.R.A.(N.S.) 640. 
 
 Right of shipper or consignee, as against 
 carrier, to refuse to accept goods dam- 
 aged while in carrier's hands. 25 
 L.R.A.(N.S.) 842; 42 L.R.A. (N.S.) 
 783. 
 
 Effect of strike on carrier's liability for 
 destruction of property. 25 L.R.A. 623. 
 
 Constitutionality of legislation affecting 
 amount of liability or penalty for de- 
 struction of freight. 20 L.R.A.(N.S.) 
 126. 
 
 Burden of proof as to negligence where 
 property was destroyed while in pos- 
 session of a carrier as a warehouse- 
 man. 22 L.R.A. (N.S.) 975.
 
 164 
 
 INDKX TO L.K. A. NOTES. 
 
 CARRIERS, IV. d cont'd 
 
 Liability for interest on amount allowed 
 for damage to goods. 28 L.R.A. ( N.S. ) 
 19. 
 
 111. By act of God or inevitable ac- 
 cident. 
 
 Effect of, on carriers' contracts, law govern- 
 ini:. 03 L.R.A. 531. 
 
 Snowstorm as act of- God which will re- 
 lii-ve carrier from liability. 24 L.R.A. 
 (X.S.) 1209. 
 
 Duty of carrier where act of God has oc- 
 curred or is threatened. 29 L.R.A. 
 (N.S.) 671; L.R.A.1916D, 981. 
 
 Liability of carrier for damage to or loss 
 of livestock by contagious disease con- 
 tracted during transit. 26 L.R.A. 
 (N.S.) 712. 
 
 Burden of proof when the defense in an ac- 
 tion to recover for loss or injury to 
 goods during carriage is act of God or 
 vis major. 29 L.R.A.(N.S.) 663; L.R.A. 
 1915D, 547. 
 
 Prior delay or deviation as affecting car- 
 rier's liability for loss of or damage to 
 goods from act of God. L.R.A.1916D, 
 988. 
 
 e. Delivery to carrier. 
 
 112. What constitutes. 
 
 Passing of title to goods sold on, see SALE, 
 11. 
 
 What constitutes delivery of freight to car- 
 rier. 32 L.R.A. (N^S.) 313; L.R.A. 
 1916C, 608. 
 
 What constitutes delivery of live stock to 
 carrier. 32 L.R.A.(N.S.) 322. 
 
 /. Delivery by carrier; conversion; de- 
 lay. 
 
 113. Generally. 
 
 Duty as to delivery of packages by express 
 company. 33 L.R.A. 66. 
 
 Delivery by express agent to addressee and 
 collection of price of intoxicating liquor 
 sent C. 0. D. as sale thereof by the 
 agent. 2 B. R. C. 467. 
 
 Right of one who is to be notified of arrival 
 of goods consigned to another to main- 
 tain action against carrier. 39 L.R.A. 
 (N.S.) 309. 
 
 When goods deemed delivered to the con- 
 signee before removal from car. 40 
 L.R.A.(N.S.) 773. 
 
 Discrimination by carrier as to delivery of 
 freight. 12 L.R.A. (N.S.) 510. 
 
 Refusal of carrier to deliver goods as con- 
 version. 50 L.R.A. (N.S.) 1172. 
 
 Duty of carrier to give notice before sell- 
 ing goods or otherwise disposing of 
 them contrary to shipping directions. 
 45 L.R.A.(N.S.) 18. 
 
 114. Place of delivery. 
 
 Right of shipper to demand a redeliverv of 
 
 property at intermediate 
 L.R.A. (N.S.) 756. 
 
 point. 15 
 
 Duty to deliver car at consignee's place of 
 
 business. 41 L.R.A.(N.S.) 678. 
 Duty to shift or transfer cars after arrival 
 LK.A.1018F, 1087. 
 
 CARRIERS, IV. f cont'd 
 
 Right of shipper to demand a redelivery of, 
 or to divert, the property at inter- 
 mediate point. L.R.A.1918B, 79. 
 
 115. To whom delivery may be made 
 under bill of lading. 
 
 Goods deliverable to order. 38 L.R.A. 358. 
 Must deliver to holder of bill of lading. 
 
 38 L.R.A. 350. 
 Necessity of production of bill of lading. 
 
 38 L.R.A. 359. 
 
 Shipper's rights. 38 L.R.A. 361. 
 Duplicate bills. 38 L.R.A. 362. 
 Shipping receipts. 38 L.R.A. 302. 
 Indorsement required. 38 L.R.A. 363. 
 Wrongful holder. 38 L.R.-A. 363. 
 Effect of order to notify certain person. 
 
 38 L.R.A. 363. 
 
 Rights of true owner. 38 L.R.A. 364. 
 Delivery on carrier's copy. 38 L.R.A. 364 
 Incidents of delivery. 38 L.R.A. 364. 
 Exceptions in bills of lading. 38 L.R.A. 
 
 365. 
 
 Instructions for collections. 38 L.R.A. 365, 
 Conflicting claims. 38 L.R.A. 365. 
 Acts of third persons. 38 L.R.A. 365. 
 Consignment to consignor's agent. 38 
 
 L.R.A. 366. 
 
 116. Nondelivery generally. 
 
 Who may maintain action against carrier 
 for nondelivery of goods delivered to 
 carrier by vendor for transportation to 
 purchaser. 22 L.R.A. 427. 
 
 Time of notice to warrant special damages 
 for failure of carrier to deliver prop- 
 erty. 3 L.R.A.(N.S.) 1111. 
 
 Action of public authorities under police 
 power as defense of carrier for nonde- 
 livery of freight. 21 L.R.A. (N.S.) 
 731; 28 L.R.A.(N.S.) 139. 
 
 Applicability in case of nondelivery of pro- 
 vision in shipping contract requiring 
 presentation of claim for damages. 31 
 L.R.A. (N.S.) 1180. 
 
 Liability for interest on damages for non- 
 delivery of goods. 28 L.R.A. (N.S.) 18. 
 
 117. Conversion; refusal to deliver. 
 
 Permitting unauthorized inspection as con- 
 version. 3 L.R.A. (N.S.) 1136. 
 
 Liability of common carrier for conversion 
 by accepting goods for transportation 
 from one not the owner. 18 L.R.A. 
 (N.S.) 494; L.R.A.1918D, 962. 
 
 Refusal of connecting carrier to surrender 
 freight induced by a mistake as to the 
 rate due, or as to prepayment of char- 
 ges, as a conversion. 6 L.R.A. (N>. i 
 1048. 
 
 Liability of railroad company for malicious 
 refusal of freight agent to deliver 
 freight. 7 L.R.A.(N.S.) 926. 
 
 Liability of connecting carrier for detain- 
 ing freight on account of mistake as to 
 amount due. 32 L.R.A. (N.S.) 189. 
 
 Valuation of property for purpose of trans- 
 por^tion as affecting carrier's liabil- 
 ity where it is embezzled while in its 
 
 ttrn 
 
 * 
 
 book on even/ laic question. 
 
 possession. 31 L.R.A. (N.S.) 309.
 
 INDEX TO L.R.A. NOTES. 
 
 165 
 
 CARRIERS, IV. f confd 
 
 Valuation of property for purposes of trans- 
 portation as affecting carrier's liability 
 where the property is converted. 31 
 L.R.A. (N.S.) 309; L.R.A.1918A, 756. 
 
 When tender of freight money not condition 
 of conversion bv carrier's refusal to 
 surrender goods." 6 L.R.A. (N.S.) 1058. 
 
 Payment or tender of freight charges as 
 a condition precedent to an action of 
 trover against carrier. 21 L.R.A. 117. 
 
 118. Notice of arrival; termination 
 of liability. 
 
 Conflict of laws as to. 63 L.R.A. 531. 
 
 What is a reasonable time for removal of 
 goods by consignee, after which the lia- 
 bility of the carrier as such terminates. 
 8 L.'R.A.(N.S.) 240; 16 L.R.A. (N.S.) 
 935; 25 L.R.A. (N.S.) 938. 
 
 Termination of carrier's liability as such 
 as affected by its fault preventing re- 
 moval of goods. 8 L.R.A. (N.S.) 235. 
 
 Right of carrier to terminate its responsi- 
 bility as warehouseman. 9 L.R.A. 
 (N.S.) 577. 
 
 Termination of liability of carriers of live 
 stock as to pens or vards at s'tations. 
 44 L.R.A. 292. 
 
 Duty of express company with respect to 
 property awaiting delivery at destina- 
 tion. 14 L.R.A.(N.S.) 393. 
 
 Necessity of notice of arrival of goods to 
 reduce liability of carrier to that of 
 warehouseman." 18 L.R.A.(N.S.) 427. 
 
 Agreement or custom of carrier to notify 
 consignor of consignee's refusal to pay 
 freight. L.R.A.1917C, 1127. 
 
 Absence of consignee, lack of address, or 
 other similar circumstances, as excus- 
 ing performance of carrier's duty to 
 give notice of arrival. 26 L.R.A. (N.S.) 
 572. 
 
 Delegation by legislature of power to 
 change carrier into warehouseman. 32 
 L.R.A. (N.S.) 651. 
 
 119. Misdelivery; wrongful delivery. 
 
 Duty of carrier to recogni/e demands of 
 stranger on property delivered to it for 
 transportation. 12 L.R.A. (N.S.) 254. 
 
 Liability of carrier for property removed 
 by, or delivered to, one whom it was di- 
 rected to notify. 4 L.R.A. (N.S.) 1056. 
 
 Applicability in case of misdelivery of pro- 
 vision in shipping contract requiring 
 presentation of claim for damages. 31 
 L.R.A. (N.S.) 1179. 
 
 120. delivery to impostor. 
 
 General rule as to delivery. 37 L.R.A. 177. 
 Imposition on carrier. 37 L.R.A. 179. 
 Imposition on consignor. 37 L.R.A. 180. 
 
 121. Delay. 
 
 Extent of recovery for, see DAMAGES, 47. 
 
 Duty of carrier to take precautions to pre- 
 'vent loss from. 39 L.R.A. (N.S.) 640, 
 
 042, 644. 
 Conflict of laws as to contract as to delay 
 
 at destination. 18 L.R.A. (N.S.) 882. 
 Consult also I..R.A Digests of Cases. 
 
 CARRIERS, IV. f cont'd 
 
 Effect of strike on carrier's liability for 
 delay in transportation. 35 L.R.A. 
 624." 
 
 Effect of strike on carrier's liability for 
 delay in unloading vessel. 35 L.R.A. 
 630. 
 
 Of carrier in transportation of corpse. 38 
 L.R.A. (N.S.) 433. 
 
 Delay in transportation, due to inadequate 
 facilities. 10 L.R.A. (N.S.) 432; 34 
 L.R.A. (N.S.) 637. 
 
 Right of consignee, as against carrier, to 
 reject consignment for delay. 12 
 L.R.A.(N.S.) 431. 
 
 Liability for delay due to initial carrier's 
 own negligence or breach .of contract. 
 31 L.R.A. (N.S.) 82. 
 
 Prior delay as affecting carrier's liability 
 for loss or damage by act of God. 
 L.R.A.1916D, 988. 
 
 Effect of deviation on rights and obliga- 
 tions arising from stipulation against 
 liability for delay. 8 B. R. C. 616. 
 
 Action of public authorities under police 
 power as defense to carrier for delay 
 of freight. 21 L.R.A. (N.S.) 731; 28 
 L.R.A.(N.S.) 139. 
 
 Legislative requirements as defense to car- 
 rier for delay in transportation. 
 31 L.R.A. (N.S.) 1184. 
 
 Constitutionality of legislation affecting 
 amount of liability or penalty for de- 
 lay in delivery or for destruction of 
 freight. 20 L.R.A. (N.S.) 126. 
 
 Right to interest on damages for delay. 28 
 L.R.A.(N.S.) 20. 
 
 Right of shipper or consignee, as against 
 carrier, to refuse to accept goods de- 
 layed while in its hands. 42 L.R.A. 
 (N.S.) 782. 
 
 Provision exempting from liability for loss 
 by delay as covering loss caused by 
 negligence. 6 B. R. C. 131. 
 
 g. Liens; freigJit charges. 
 
 122. Generally. 
 
 Governmental control of rates, see infra, 
 154-160. 
 
 Right of mortgagee of ship as to freight. 
 4 B. R. C. 538. 
 
 Recovery back of excessive payments made. 
 18 L.R.A. (N.S.) 124. 
 
 Purchaser's election to rescind for breach 
 of warranty as affecting recovery 
 against seller for freight paid. 27 
 L.R.A.(N.S.) 928. 
 
 Discrimination by requiring prepayment of 
 freight charges. 21 L.R.A. (N.S.) 982. 
 
 Payment or tender of freight charges as 
 condition precedent to action of trover 
 against carrier. 21 L.R.A. 117. 
 
 When tender of freight money not condition 
 of conversion by carrier's refusal to 
 surrender goods. 6 L.R.A. (N.S.) 1058. 
 
 Liability of connecting carrier- for detain- 
 ing freight on account of mistake as to 
 the amount due. 6 L.R.A. (N.S.) 1054; 
 32 L.R.A.(N.S.) 189.
 
 INDEX TO L.R.A. NOTES. 
 
 CARRIERS, IV. g cont'd. 
 
 Refusal of connecting carrier to surrender 
 freight induced l>y mistake as to rate 
 due or as to prepayment of charges, as 
 :. conversion. 6 L.R.A. (N.S.) 1048. 
 
 Effect of deviation on carrier's right to 
 fr.-i.-lit. 2 B. R. C. 611. 
 
 Liability of carrier for increased freight 
 rates resulting from deviation. L.R.A. 
 1918A, 1064. 
 
 Carrier's charges based upon extra trans- 
 portation of goods rendered necessary 
 1>\ carrier's own fault or mistake. 
 L.R.A.1917D, 920. 
 
 Additional charge for transit privilege. 
 I..1!.A.1918A, 184. 
 
 Method of paying freight charges where 
 transit privilege is granted. L.R.A. 
 1918A, 184. 
 
 Right of carrier having line haul to make 
 extra charge for switching or spotting 
 cars at terminals or sidetracks. L.R.A. 
 1918A, 164. 
 
 Liability of consignor for freight. L.R.A. 
 
 1917A, 665. 
 
 Upon refusal of consignee to accept 
 goods. 52 L.R.A. (N.S.) 398. 
 
 Right of carrier to recover difference be- 
 tween rate charged shipper and proper 
 rate. 49 L.R.A.(N.S.) 92. 
 
 123. Lien. 
 
 Maritime lien for freight. 70 L.R.A. 358, 
 368. 
 
 Lien for demurrage. 3 L.R.A.(N.S.) 327. 
 
 Maritime lien for. 70 L.R.A. 358, 374. 
 
 Waiver of lien of, by attachment or execu- 
 tion. 50 L.R.A. 721. 
 
 h. Carrying live stock. 
 
 124. Generally. 
 
 Personal injury to drover, see supra, 57. 
 Limitation of liability, see infra, IV. i. 
 
 Constitutionality of statute fixing minimum 
 rate of speed at which carrier may 
 transport livestock. 26 L.R.A.(N.S.) 
 1018; L.R.A.1917C, 142. 
 
 Validity and construction of statutes as 
 to transportation of infected animals 
 from othej states or communities. 43 
 L.R. A. (N.S.) 1068. 
 
 Is carrier an insurer of live stock trans- 
 ported by it. 18 L.R.A.(N.S.) 86. 
 
 What constitutes delivery of live stock to 
 carrier. 32 L.R.A. (N.S.) 322. 
 
 Carrier's liability for injury to live stock 
 by weather conditions. 34 L.R A 
 (N.S.) 1013. 
 
 Duty of carrier to hasten shipment or take 
 other precaution to prevent loss 
 to live stock threatened without 
 any antecedent fault on its part. 
 39 L.R.A.(N.S.) 640. 
 
 Liability for loss or damage to live stock 
 shipments due to initial carrier's own 
 negligence or breach of contract. 31 
 L.R.A.(N.S.) 81. 
 
 Liability of carrier for damages to live- 
 rtock because of defects in, or improper 
 condition of, car. L.R.A.1917C, 512. 
 
 Liability of a currier for injury or damage 
 inflicted liy an animal which escapes 
 
 nice .y an anmal which escapes SHIPPING, 20 
 
 Begin with this booh on every law question. 
 
 CARRIERS, IV. h cont'd 
 
 from its custody .or control. L.R.A. 
 
 1915D, 564. 
 Liability of carrier for suffocation of live 
 
 stock. 43 L.R.A.(N.S.) 617. 
 Effect of shipper's negligence in loading 
 
 car or as to condition of car upon the 
 
 carrier's common-law liability. L.R.A. 
 
 1915C, 1222. 
 Reasonableness of time fixed in contract of 
 
 shipment of livestock for presentation 
 . of claim for damages. 7 L.R.A. (N.S. ) 
 
 1041; L.R.A.1916D, 341. 
 Reasonableness of time fixed in a contract 
 
 of shipment of live stock for bringing 
 
 action. L.R.A.1916D, 350. 
 Removal of live stock from carrier's 
 
 premises before notice of claim for 
 
 damages where such notice is given in 
 
 time for examination. 24 L.R.A. 
 
 (N.S.) 866. 
 Burden of proof as to injury to live stock 
 
 during transportation. 17 L.RA. 339. 
 Presumption and burden of proof as to car- 
 rier's negligence in case of contract 
 
 limiting liability. L.R.A.1915D, 649, 
 
 658. 
 Liability for interest on amount allowed 
 
 for damage to live stock. 28 L.R.A. 
 
 (N.S.) 19. 
 
 125. Stock pens and yards. 
 
 Duty of carrier of live stock to provide 
 stock pens or yards. 44 L.R.A. 289; 
 L.R.A.1918C, 539. 
 
 Duty of carrier as to condition of stock 
 pens. 44 L.R.A. 289; 10 L.R.A. 
 (N.S.) 571. 
 To caretaker of stock. 10 L.R. A. (N.S.) 
 
 576. 
 Discrimination in delivering live stock to 
 
 stock yards. 2 L.R. A. (N.S.) 511. 
 Stock pens as a nuisance. 32 L.R.A. (N.S.) 
 375. 
 
 126. Caring for, during transit. 
 
 Extraordinary unloading of live stock in 
 
 transitu. 14 L.R.A. 550. 
 Statutory duties of carriers of live stock 
 with reference to care of stock dur- 
 ing transportation. 44 L.R.A. 449. 
 Duty of carrier to shower hogs during ship- 
 ment. 16 L.R.A.(N.S.) 883. 
 Duty of carrier to furnish bedding for live- 
 stock. 23 L.R.A.(N.S.) 278. 
 
 127. Communication of disease to. 
 
 Liability of carrier for damage to or loss 
 of live stock by contagious disease con- 
 tracted during transit. 26 L.R.A. 
 (N.S.) 712. 
 
 i. Limitation of liability. 
 
 128. Generally. 
 
 As to passengers generally, see supra, 28, 
 
 29. 
 
 As to baggage, see supra, 91. 
 Matters affecting commerce, see COMMERCE, 
 
 9. 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 10. 
 Limited liability of carriers by water, see
 
 INDEX TO L.R.A. NOTES. 
 
 167 
 
 CARRIERS, IV. i conf d 
 
 Effect on liability for damages to freight 
 because of defects in, or improper con- 
 dition of, car, of contract releasing or 
 reducing carrier's liability. L.R.A. 
 1917C, 520. 
 
 Right to limit common-law liability by 
 contract in the absence of negligence. 
 18 L.R.A. 527. 
 
 Provision relieving .carrier of goods from 
 liability as extending to loss caused by 
 negligence. 6 B. R. 0. 124. 
 
 Relief by contract of carriers of live stock 
 from liability as to pens or yards at 
 stations. 44 L.R.A. 295. 
 
 Of baggage transfer company. 34 L.R.A. 
 138; L.R.A.1916D, 12U4. 
 
 Effect of limitation of liability in receipt 
 prepared by shipper. 28 L.R.A. (N.S.) 
 645. 
 
 Effect of deviation on rights and obliga- 
 tions arising from special contract 
 limiting liability. 2 B. R. C. 612. 
 
 Validity of provision imposing responsibil- 
 ity of inspecting and selecting cars on 
 shipper. 36 L.R.A. (N.S.) 412. 
 
 Effect of shipping contract limiting car- 
 rier's common-law liability, signed un- 
 der compulsion. 28 L.R.A. (N.S.) 637. 
 
 129. In case of dangerous articles. 
 
 Limitation of common carrier's duty and 
 liability in case of dangerous 
 articles. 30 L.R.A. 648. 
 
 130. In case of connecting carriers. 
 
 Conflict of laws as to contract limiting lia- 
 bility beyond own line. 18 L.R.A. 
 (N.S.) 882. 
 
 Limitation of carrier's undertaking to its 
 own line. 31 L.R.A. (N.S.) 52. 
 
 Limitation of carrier's liability to its own 
 line. 31 L.R.A.(N.S.) 68. 
 
 Limitation of liability of terminal carrier. 
 31 L.R.A. (N.S.) 98. 
 
 Express contracts extending or restricting 
 obligation of intermediate carrier. 31 
 L.R.A. (N.S.) 92. 
 
 Limiting liability on joint undertaking 
 between initial and connecting carriers. 
 31 L.R.A. (N.S.) 50. 
 
 Effect of stipulation exempting carrier from 
 liability for losses not arising from its 
 negligence, where loss is due to the 
 negligence of the employees of a con- 
 necting carrier. 22 L.R.A. (N.S.) 379. 
 
 Effect of deviation on rights and obligations 
 arising from stipulation limiting re- 
 sponsibility to carrier's own line. 2 
 B. R. C. 616. 
 
 131. As to amount. 
 
 Conflict of laws as to. 63 L.R.A. 529; 18 
 L.R.A.(N.S.) 881. 
 
 Extent of liability under limitation of car- 
 rier's undertaking to its own line. 31 
 L.R.A. (N.S.) 67. 
 
 Validity of stipulation limiting carrier's lia- 
 bility to agreed valuation as affected 
 by the Hepburn act. 28 L.R.A. (N.S.) 
 293. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, IV. i cont'd 
 
 Valuation of property for purposes of trans- 
 portation as aliecting carrier's liabil- 
 ity where it is converted or embezzled 
 while in its possession. 31 L.R.A. 
 (N.S.) 309; L.R.A.1918A, 756. 
 
 Validity and effect of provision in carrier's 
 contract as to time, method, or plact- 
 of valuation of property for purpose of 
 determining amount of damages. L.R.A. 
 1918B, 720. 
 
 Effect of deviation on rights and obligations 
 arising from stipulation limiting 
 amount for which carrier is liable. 2 
 B. R. C. 617. 
 
 132. in case of negligence. 
 
 .Power to limit amount of liability in cases 
 of negligence. 14 L.R.A. 433. 
 
 Limiting valuation of property as affecting 
 amount of recovery lor loss by negli- 
 gence. 1 L.R.A. (N.S.) 985. 
 
 133. As to time of giving notice or 
 commencing suit. 
 
 Reasonableness of the time fixed in a con- 
 tract of shipment of live stock for pres- 
 entation of claim for damages. 7 
 L.R.A.(N.S.) 1041; L.R.A.1916D, 341. 
 
 Reasonableness of the time nxed in a con- 
 tract of shipment of goods or live stock 
 for bringing action. L.R.A. 1916D, 350. 
 
 Waiver or extension of time stipulated in 
 carrier's contract for claim or suit 
 against carrier. L.R.A.1916D, 1049. 
 
 Validity of stipulation in carrier's contract 
 requiring notice of loss within a speci- 
 fied time, as applied to loss due to car- 
 rier's negligence. 17 L.R.A.(N.S.) 628. 
 
 Validity of contract limiting time for bring- 
 ing action, or for presentation of 
 claims, for damages, where statute or 
 Constitution prohibits carrier from 
 limiting its common-law liability. 13 
 L.R.A.(N.S.) 753. 
 
 Removal of live stock from carrier's premi- 
 ses before notice of claim for damages, 
 where such notice is given in time for 
 examination. 24 L.R.A.(N.S.) 866. 
 
 Effect of deviation on rights and obligations 
 arising from stipulation as to tune for 
 presenting claim. 2 B. R. C. 618. 
 
 Waiver by carrier of contractual rights un- 
 der interstate shipment as to notice of 
 claim as an unlawful discrimination 
 among shippers. L.R.A.1918C, 978. 
 
 Conflict of laws as to contract fixing period 
 for bringing action against carrier. 18 
 L.R.A.(N.S.) 883. 
 
 134. As to necessity for notice of 
 claim. 
 
 Conflict of laws as to necessity for notice 
 of claim. 7 L.R.A. (N.S.) 191; 18 
 L.R.A.(N.S.) 882. 
 
 Notice of loss or injury to goods, required 
 by carrier's contract as a condition 
 precedent. 17 L.R.A.(N.S.) 642. 
 Applicability in case' of misdelivery or non- 
 delivery of provision in shipping 
 contract requiring presentation of 
 claim for damages. 31 L.R.A. 
 (N.S.) 1178.
 
 108 
 
 IM)i:X TO L.K.A. NOTES. 
 
 CARRIERS, IV. i cont'd 
 
 S iii.>. i.M-cptrd perils. 
 \\liat con.stituies damage by the elements 
 in contracts of. 53 L.R.A. 670. 
 
 j. Duty as to cars. 
 
 186. Generally. 
 
 rendition of passenger cars, see supra, 
 42, 73, 74. 
 
 Duty of carrier with respect to refrigerator 
 cars. 10 L.R.A.(N.S.) 317. 
 
 Liability of carrier for injury by failure to 
 adjust ventilators. 15 L.R.A. (N.S.) 
 801. 
 
 L'lTect of shipper's negligence in loading 
 car. or as to condition of car, upon the 
 carrier's common-law liability. 19 
 L.R.A. (N.S.) 952; L.R.A.1915C, 1220. 
 
 Liability of carrier for damages to freight 
 because of defects in or improper con- 
 dition of car. L.R.A.1916C, 510. 
 
 Liability for loss or damage due to de-- 
 fective cars owing to initial carrier's 
 negligence or breach of contract. 31 
 L.R.A.(N.S.) 81. 
 
 137. Duty as to inspection and se- 
 lection. 
 
 Dutv of shipper to inspect car. 17 L.R.A. 
 
 (N.S.) 1034. 
 Validity of provision in carrier's contract 
 
 imposing responsibility of inspectng 
 
 and selecting cars upon shipper. 36 
 
 L.R.A. (N.S.) 412. 
 
 138. Liability for personal injury 
 due to condition of cars. 
 
 Duty of consignor or consignee to his em- 
 
 tloyees as to condition of car. 14 
 .R.A.(N.S.) 972; 45 L.R.A. (N.S.) 707. 
 Liability of carrier to employee for injuries 
 l)v defectively loaded car. 13 L.R.A. 
 (N.S.) 384; 49 L.R.A. (N.S.) 1011. 
 Liability of carrier for personal injuries to 
 consignor or consignee or their em- 
 ployees, caused bv unsafe car. 9 L.R.A. 
 (N.S.) 857. 
 
 139. Duty as to furnishing. 
 
 Matters of interstate commerce as to, see 
 COMMERCE, 10. 
 
 Duty of a railroad company to furnish cars 
 
 to shippers. 43 L.R.A. 225. 
 Gem-mi or statutory duty. 43 L.R.A 
 225; 8 L.R.A.(N.S.) 108; 44 L.R.A. 
 (N.S.) 643. 
 
 Contract duty. 43 L.R.A. 227. 
 Aa alleeted by strike. 35 L.R.A. 623. 
 
 Mutrality of contract to furnish cars to 
 Clipper. 13 L.R.A.(N.S.) 164. 
 
 Liability for delay in transportation of 
 freight due tu inadequate facilities. 10 
 L.RJL.(N.S.) 432. 
 
 >iat- regulations requiring carriers to fur- 
 nish cars to shippers as interference 
 with interstate commerce. 17 L.R.A 
 (X.S.) 364; 29 L.R.A. (N.S.) 802; 42 
 L.R.A.(N.S.) 984. 
 
 Right of state to require railroad company 
 to equip its road. 13 L.R.A.(N.S.) 320. 
 
 Ilcgin \Hth this boolc on every law question. 
 
 CARRIERS, IV. j cont'd 
 
 Right o/ carrier to discriminate in distribu- 
 tion of ears. 8 L.R.A. (N.S.) 112; 44 
 L.R.A. (X.S.) 648; L.R.A.1918D, 274. 
 
 Discrimination as to facilities for loading 
 and unloading cars. 12 L.R.A. (N.S.) 
 508. 
 
 Exclusivencss of statutory remedy for fail- 
 ure to furnish cars. 26 L.R.A. (N.S.) 
 851. 
 
 Validity of penalty for failure to furnish 
 freight cars. 15 L.R.A. (N.S.) 733. 
 
 Loss of profits because of inability of ship- 
 per to fulfil contract for sale of goods 
 as element of damages for carrier's 
 breach of contract to furnish cars. 26 
 L.R.A.(N.S.) 1191. 
 
 Which party is to furnish under contract 
 to ship goods f. o. b. 62 L.R.A. 797; 
 6 L.R.A. (N.S.) 928; L.R.A.1917A, 1163. 
 
 140. kind of car to be furnished. 
 
 Duty of carrier to furnish car adapted to 
 the subject of the shipment. 18 L.R.A. 
 (N.S.) 508. 
 
 Diity of carrier to furnish cars of a type 
 'not owned by it. 20 L.R.A. (N.S.) 310. 
 
 fc. Demurrage; delay in unloading. 
 
 141. Generally. 
 
 Jurisdiction of admiralty as to. 6(5 L.R.A. 
 226. 
 
 Demurrage; charge for detention of its 
 cars by consignees. 22 L.R.A. 530. 
 
 Lien for demurrage. 3 L.R.A. (N.S.) 327. 
 
 Maritime lien for demurrage. 70 L.R.A. 
 358, 374. 
 
 Power of state as to demurrage charges on 
 interstate shipments. 30 L.R.A. (N.S.) 
 137. 
 
 Effect and construction of express provision 
 in charter party against demurrage in 
 case of strike. *o L.R.A.(N.S.) 126. 
 
 Delay in unloading caused by strike. 35 
 L.R.A. 630. 
 
 Delegation by legislature to railroad com- 
 mission of power as to reciprocal de- 
 murrage charges. 32 L.R.A. (N.S.) 652. 
 
 Liability of shipper for demurrage upon re- 
 fusal of consignee to accept goods. 52 
 L.R.A.(N.S.) 398. 
 
 Agreement or custom of carrier to notify 
 consignor of consignee's refusal to ac- 
 cept goods or pay freight. L.R.A. 
 1917C, 1127. 
 
 Right of railroad to charge storage or de- 
 murrage where the refusal to remove 
 the goods is due to a dispute. L.R.A. 
 1917C, 419. 
 
 I. Connecting carriers; liability beyond 
 own line. 
 
 142. Generally. 
 
 Matters as to interstate commerce, see COM- 
 MERCE, 6. 
 
 Position of employees of servants working 
 for connecting carriers. 37 L.R.A. 64. 
 
 Refusal of connecting carrier to surrender 
 freight induced by mistake as to rate 
 due or as to prepayment of charges as 
 a conversion. 6 L.R.A. (N.S.) 1048.
 
 INDEX TO L.R.A. NOTES. 
 
 169 
 
 CARRIERS, IV. 1 cont'd 
 
 Liability of connecting carrier for detaining 
 freight on account of mistake as to the 
 amount due. 6 L.R.A. (N.S.) 1054; 
 32 L.R.A.(N.S.) 189. 
 
 Duty of connecting carrier to know contract 
 made by initial carrier. 52 L.R.A. 
 (N.S.) 858. 
 
 143. Liability for loss. 
 
 In case of passengers, see supra, 98. 
 ' Limitation of liability, see supra, 130. 
 
 Liability as between initial and connecting 
 carriers for damages to freight because 
 of defects in, or improper condition of, 
 car. L.R.A.1917C, 525. 
 
 Conflict of laws as to liability beyond own 
 line. 18 L.R.A.(N.S.) 882. 
 
 Effect of strike on connecting line on car- 
 rier's, liability. 35 L.R.A. G29. 
 
 Liability of connecting carrier for loss be- 
 yond its own line. 31 L.R.A. 
 (N.S.) 1. 
 
 Liability of carrier of property for loss oc- 
 curring on connecting line, but due to 
 its own negligence. 19 L.R.A. (N.S.) 
 1012. 
 
 Liability of initial carrier for loss or dam- 
 age occurring while goods, the subject 
 of an interstate shipment, are in pos- 
 session of germinal carrier as ware- 
 houseman. L.R.A.1918B, 631. 
 
 State statutes regulating the liability of 
 carriers as to shipments over connect- 
 ing lines as interference with inter- 
 state commerce. 7 L.R.A. (N.S.) 388. 
 
 n. Transporting intoxicating liquor. 
 
 144. Generally. 
 
 Liability of carrier for. 46 L.R.A. 417. 
 What is sufficient to terminate interstate 
 transportation of intoxicating liquors. 
 
 11 L.R.A.(N.S.) 550; 23 L.R.A. (N.S.) 
 1020; 29 L.R.A. (N.S.) 745. 
 
 Duty of carrier to accept liquor for trans- 
 portation to points where its sale is 
 prohibited or restricted. 40 L.R.A. 
 (N.S.) 798; 45 L.R.A. (N.S.) 120. 
 
 Ignorance of contents of package as defense 
 to carrier in prosecution for transport- 
 ing intoxicating liquor into prohibition 
 territory. 18 L.R.A. (N.S.) 1182. 
 
 n. Insurance. 
 145. Generally. 
 
 o. Taxation of freight. 
 
 116. Generally. 
 
 StatiY taxation of freight carried by inter- 
 state carriers. 60 L.R.A. 657. 
 
 p. Penalties. 
 
 146a. Generally. 
 
 Penalties to enforce orders of Public Serv- 
 ice Commissions. L.R.A. 1918E, 311. 
 
 Validity of penalty for failure to furnish 
 freight cars. 16 L.R.A.(N.S.) 733. 
 
 Motive of plaintiff as affecting right to re- 
 cover statutory penalty from carrier. 
 
 12 L.R.A. (N.S.) 497. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, IV. p cont'd 
 
 Effect of strike on liability of carrier for 
 statutory penalty for refusal to re- 
 ceive goods offered for shipment. 22 
 L.R.A.(N.S.) 1200. 
 
 Constitutionality of legislation affecting 
 amount of liability or penalty for delay- 
 in delivery or for destruction of freight. 
 20 L.R.A. (N.S.) 126. 
 
 Constitutionality of statute imposing pen- 
 alty or added liability for failure to 
 pay claim. 15 L.R.A. (N.S.) 992; 42 
 L.R.A. (N.S.) 106; L.R.A.1917B, 926. 
 
 V. Governmental control; rates; dis- 
 crimination; duty as to stopping 
 places. 
 
 a. In general. 
 
 147. Generally. 
 
 As to matters affecting interstate com- 
 merce, see COMMERCE, 4-12. 
 
 As to regulation of public service corpora- 
 tions generally, see PUBLIC SERVICE 
 CORPORATIONS. 
 
 Compulsory service of carriers. 15 L.R.A. 
 321; 24 L.R.A. 564. 
 
 Municipal regulation of the carriage of pas- 
 sengers by street railroads. 19 L.R.A. 
 570. 
 
 Validity of ordinance requiring conductor 
 on street car. 15 L.R.A. 604. 
 
 Constitutionality of statute making bill of 
 lading conclusive proof of the receipt 
 of property. 22 L.R.A. (N.S.) 821. 
 
 Constitutionality of statute which makes 
 shipper's statement as to weight con- 
 clusive. L.R.A.1917E, 1022. 
 
 State legislation requiring heating of cars. 
 42 L.R.A. 110. 
 
 Requiring passenger to put coin in box or 
 automatic registering device. 32 L.R.A. 
 (N.S.) 695. 
 
 Constitutionality of legislation affecting the 
 amount of liability or penalty for de- 
 lay in delivery of for destruction of 
 freight. 20 L.R.A. (N.S.) 126. 
 
 Constitutionality of statute imposing pen- 
 alty or added liability for failure to pay 
 claim. 15 L.R.A. (N.S.) 992; 42 L.R A 
 (N.S.) 106; L.R.A.1917B, 926. 
 
 Right of common carrier to contract for the 
 use of its cars for advertising purposes 
 24 L.R.A.(N.S.) 1010. 
 
 Constitutionality of statute requiring car 
 rier to sell tickets good on connecting 
 line. 42 L.R.A. (N.S.) 541. 
 
 Requiring connection or joint use of prop- 
 erties of railroad companies as a tak- 
 ing for which compensation must be 
 made. 50 L.R.A. (N.S.) 652; L.R.A. 
 1916E, 759; L.R.A.1917E, 1083. 
 
 Full crew acts. 49 L.R.A. (N.S.) 977. 
 
 Power to prohibit smoking in street cars. 
 51 L.R.A.(N.S.) 562. 
 
 Regulation of temperature of cars. L.R.A 
 1915F, 792. 
 
 Constitutionality of statute requiring un- 
 occupied upper berth to be left closed. 
 L.R.A. 191 6A, 1139.
 
 170 
 
 INDEX TO L.R.A. NOTES. 
 
 CARRIERS, V. a cont'd 
 
 \alidii\ ..!' ivu'ulatmns l.y public concerning 
 t!u' manner it u-iiiLT tickets or mileage 
 book-. l..i:..\.l!H.-.k. !02. 
 
 State regulations requiring carriers to fur- 
 ni-li carg to shippers as interference 
 \\itli interstate commerce. 17 L.R.A. 
 (N.S.) 364; 19 L.R.A.(N.S.) 866; 29 
 I..H.A.(N.S.) 802; 42 L.R.A.(N.S.) 
 984; 1 B. R. C. 442. 
 
 Legislative requirements as defense to car- 
 
 rier for delay in transportation. 
 l..i;.A.(N.S.) 1184. 
 
 31 
 
 Delegation by legislature of power to regu- 
 late carriers. 32 L.R.A. (N.S.) 639. 
 
 i is. r<m li Mini: sale of tickets to 
 agents. 
 
 Assignability of tickets, see supra, 21. 
 
 Statutes against ticket brokerage or "scalp- 
 ing." 24 L.R.A. 152. 
 
 Injunction against dealing in nontransfer- 
 able railroad tickets. 10 L.R.A. (N.S.) 
 437. 
 
 Constitutionality of anti-scalping legisla- 
 
 tion. 3 L.R.A. (N.S.) 
 (N.S.) 480. 
 
 558; 4 L.R.A. 
 
 149. Compulsory connection with 
 side track. 
 
 Power to compel railroad to build, main- 
 tain, or connect with, side tracks for 
 accommodation of shippers. 28 L.R.A. 
 (N.S.) 1013; L.R.A.1915E, 682; L.R.A. 
 1918B, 795. 
 
 l>. Discrimination. 
 
 % 150. Generally. 
 
 Is shipper's common-law right of action for 
 discrimination by carrier taken 
 away by statute on the subject. 
 45 L.R.A.(N.S.) 612. 
 
 Right of carrier to discriminate as to. tele- 
 graph and telephone companies. 12 
 L.R.A. (N.S.) 507. 
 
 Right of railroad to discriminate as to 
 wharf privileges. 12 L.R.A. (N.S.) 509; 
 43 L.R.A. (N.S.) 965. 
 
 Validity of monopoly or special privilege 
 granted to third persons, of providing 
 facilities to shippers at place of ship- 
 ment or destination. L.R.A.1915C, 
 260. 
 
 Discrimination by carrier as to facilities 
 for loading and unloading cars. 12 
 L.R.A.(N.S.) 508. 
 
 Right of carrier as to furnishing equal con- 
 necting facilities to different carriers. 
 12 L.R.A. (N.S.) 513. 
 
 151. Between express companies. 
 
 Right of railroad to give exclusive or prefer- 
 ential facilities to an express company 
 for express business. 5 L.R.A. (N.S.) 
 783. 
 
 Duty of railroad company to give equal 
 facilities to express companies. 18 
 L.R.A. 393. 
 
 CARRIERS, V. b cont'd 
 
 152. Between liackmen, etc. 
 
 Discrimination as to liackmen and other 
 solicitors of patronage at depots, 
 wharves, etc. 13 L.R.A. 48; L.R.A. 
 1915B, 358. 
 
 Right of carrier to grant exclusive train 
 privilege to baggage or passenger trans- 
 fer companies. 32 L.R.A.(X.S.) 1181; 
 L.R.A.1917F, 1085. 
 
 Right to discriminate between liackmen and- 
 other solicitors of patronage at depots. 
 16 L.R.A. (N.S.) 777. 
 
 Right to exclude undesirable liackmen, dray- 
 men, etc., from depot. 39 L.R.A. (N.S.) 
 126. 
 
 Remedy by injunction for unlawful dis- 
 crimination by railroad against hack 
 driver. 8 L.R.A. (N.S.) 1027. 
 
 153. Between passengers or shippers. 
 
 As to rates, see infra, 159. 
 
 Right of company to discriminate as to pas- 
 sengers. 5 L.R.A. 818;* 18 L.R.A. 105. 
 Against colored persons. 18 L.R.A. 639. 
 Right of carrier at common law to discrim- 
 inate between shippers. . 18 L.R.A. 105. 
 Liability of lessor of railroad for discrimi- 
 nation by lessee against shippers. 40 
 L.R.A.(N.S.) 519. 
 
 As to pens and yards for live stock at sta- 
 tions. 44 L.K.A. 296. 
 
 Discrimination in furnishing cars to ship- 
 pers. 8 L.R.A. (N.S.) 112, 44 L.R.A. 
 (N.S.) 648; L.R.A.1918D, 274. 
 Right of carrier to discriminate as to 
 special or unusual service. 12 
 L.R.A.(N.S.) 506. 
 
 Discrimination as to facilities for load- 
 ing and unloading cars. 12 L.R.A. 
 (N.S.) 508. 
 
 Right to equal wharfage facilities. 12 
 L.R.A.(N.S.) 509; 43 L.R.A.(N.S.) 
 965. 
 
 Furnishing site for elevator to one 
 shipper as discriminating against 
 others. 12 L.R.A. (N.S.) 509. 
 Discrimination as to delivery of freight. 
 
 12 L.R.A. (N.S.) 510. 
 Discrimination in delivering live stock 
 to stock yards. 12 L.R.A. (X.S.) 
 511. 
 Discrimination as to transit privileges. 
 
 L.R.A.1918A, 185. 
 
 Waiver by carrier of contractual rights un- 
 der interstate shipments as unlawful 
 discrimination among shippers. L.R.A. 
 1918C, 978. 
 
 Agreement or custom of carrier to notify 
 consignor of consignee's refusal to ac- 
 cept goods or pay freight as an unlaw. 
 ful discrimination. L.R.A.1917C, 1127. 
 Discrimination by requiring prepayment of 
 freight charges. 21 L.R.A. (N.S.) 982. 
 
 c. Rates; rebates. 
 
 154. Generally. 
 
 Rates as affected by interstate commerce 
 
 act, see COMMERCE, 4-12. 
 Begin with this boofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 171 
 
 CARRIERS, V. c cont'd 
 
 Incorporation of territory into municipal- 
 ity as affecting existing contract of 
 carrier as to rates in that territory. 
 L.R.A. 1916A, 1071. 
 
 When rates by penal statute are sufficiently 
 definite and certain. 33 L.R.A. 209. 
 
 Recovery back of excessive freight paid. 18 
 L.R.A. (N.S.) 124. 
 
 Suits to restrain enforcement of carrier 
 rates as suit against the state. 44 
 L.R.A. (N.S.) 215. 
 
 Right of state to maintain action to recover 
 excess rates or charges exacted of in- 
 dividuals by carrier. L.R.A. 1916C, 336. 
 
 Right of attorney general or other repre- 
 sentative of state to maintain action 
 to enforce or prevent violation of statu- 
 tory regulations affecting rates, etc. 
 18 L.R.A. (N.S.) 664. 
 
 Injunction against enforcement of railroad 
 rate legislation under unconstitutional 
 statute as affected by other remedies. 
 8 L.R.A.(N.S.) 124. 
 
 Power of state court to pass on interstate 
 rates. 28 L.R.A. (N.S.) 108. 
 
 Power of state court to review rulings 
 of Interstate Commerce Commission. 
 L.R.A.1917E, 919. 
 
 Right of shipper where carrier negligently 
 misquotes rate which has been filed or 
 published as required by statute. 33 
 L.R.A. (N.S.) 391. 
 
 Right of carrier having line haul to make 
 extra charge for switching or spotting 
 cars at terminals or sidetracks. L.R.A. 
 1918A, 164. 
 
 What constitutes switching service. L.R.A. 
 1916D, 455. 
 
 Who are within statutes or ordinances re- 
 quiring carriers to give reduced ratea 
 to "pupils" or "school children." 43 
 L.R.A.(N.S.) 172. 
 
 Necessity of filing schedules affording tran- 
 sit privileges. L.R.A.1918A, 187. 
 
 155. Power of carrier to make spe- 
 cial rates. 
 
 Contract to maintain special rate to a par- 
 ticular locality. 38 L.R.A. (N.S.) 157. 
 
 Contracts fixing rates other than those es- 
 tablished in accordance with interstate 
 commerce act. 38 L.R.A. (N.S.) 351. 
 
 Contract for transportation in violation of 
 particular statutes. 12 L.R.A. (N.S.) 
 609. 
 
 156. Power to fix rates. 
 
 Business of carriers affected with a public 
 interest subjecting them to regulation 
 and control in respect to rates or prices. 
 6 L.R.A. (N.S.) 834. 
 
 Legislative power to regulate. 33 L.R.A. 
 179. 
 
 Delegation by legislature of power to fix 
 rates. 32 L.R.A. (N.S.) 649. 
 
 Power of legislature to delegate to commis- 
 sions the right to fix rates. 18 L.R.A. 
 (N.S.) 713. 
 
 Jurisdiction of Public Utilities Commission 
 over rates as limited by constitutional 
 or statutory power of municipality to 
 regulate utilities. L.R.A.1918D, 315. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CARRIERS, V. c confd 
 
 Power of Public Service Commission to regu- 
 late commutation rates. L.R.A.1918C, 
 480. 
 
 i Power of judiciary to fix rates. 8 L.R.A. 
 (N.S.) 529. 
 
 Right to raise rates of public service cor- 
 portation fixed by franchise. L.R.A. 
 1915C, 287. 
 
 Effect of contract with patron to preclude 
 regulation of rate?. L.K.A.1915C, 282. 
 
 Regulation of fares charged by jitney buses. 
 L.R.A.1916B, 1159; L.R.A.1918B, 915; 
 L.R.A.1918F, 476. 
 
 Municipal regulation of fares charged by 
 street railways. 19 L.R.A. 570. 
 
 Power of municipality apart from contract 
 to regulate rates of street railway com- 
 pany. 33 L.R.A.(N.S.) 761; 43 L.R.A. 
 (N.S.) 994. 
 
 157. power to require reduced 
 rates. 
 
 Right to reduce rates fixed by franchise or 
 
 charter. L.R.A.1915C, 261. 
 Power to require carriers to give reduced 
 
 rates to classes of persons. 11 L.R.A. 
 
 (N.S.) 973; 41 L.R.A.(N.S.) 524. 
 Power to require carriers to transport per- 
 sons in public service at reduced rates. 
 
 33 L.R.A. (N.S.) 956. 
 Validity of statute requiring issuance of 
 
 mileage books at reduced rates. 7 
 
 L.R.A.(N.S.) 1086. 
 Right of municipality to contract for free 
 
 transportation or special rates on street 
 
 cars. 16 L.R.A. (N.S.) 651. 
 
 158. Reasonableness of rates. 
 
 Allowance for depreciation in plant in fix- 
 ing rates. 38 L.R.A. (N.S.) 1209. 
 Elements entering into determination of 
 reasonableness of railroad ratea 
 prescribed by the state for local 
 traffic. 15 L.R.A. (N.S.) 108; 25 
 L.R.A.(N.S.) 1001. 
 
 Effect of fact that return as a whole is rea- 
 sonable on right to require railroad to 
 transport commodity for less than rea- 
 sonable compensation. L.R.A.1917F, 
 1158. 
 
 159. Discrimination as to. 
 
 Is shippers' common-law right of action for 
 discrimination by carrier taken away 
 by statute on the subject. 45 L.R.A. 
 (N.S.) 612. 
 
 Right to discriminate as to rates on ma- 
 terial to be used for a purpose that 
 is expected to increase carrier's 
 business. L.R.A.1918A, 774. 
 Material to be manufactured into prod- 
 uct which will be shipped over its 
 road. 6 L.R.A. (N.S.) 225; L.R.A. 
 1918A, 774. 
 
 Giving of free service or reduced rates to 
 governmental agencies, cities, schools, 
 school children, charities and the like 
 as an unlawful discrimination. L.R.A. 
 1918D, 004.
 
 172 
 
 INDEX TO L.R.A. NOTES. 
 
 CARRIERS, V. c cont'd 
 
 Is pass issuod as part of consideration for 
 contract within statute prohibiting free 
 transportation of passengers or dis- 
 crimination in passenger rates. .23 
 L.R.A. (N.S. i -217; 31 L.R.A.(N.S.) 
 657; L.R.A.1918B, 1116. 
 
 160. Rebates. 
 
 Right of carrier to grant rebate or allow- 
 ance to shipper for use of latter's 
 tracks.. 26 L.R.A. (N.S.) 551. 
 
 Effect of provisions of interstate commerce 
 act against rebates upon contracts pre- 
 scribing rates less than those estab- 
 lished in accordance with the act. 14 
 L.R.A.(N.S.) 400. 
 
 </. As to stations and trains. 
 
 161. Generally. 
 
 Grant of special privilege to hackmen, etc., 
 
 at station, see supra, 152. 
 As to duty to passengers with respect to 
 
 station, see supra, 45, 46, 48, 70-72, 
 
 94. 
 
 Use of, by hackmen, etc. 13 L.R.A. 848. 
 Right of state or municipality to forbid 
 
 solicitation of patronage at railway 
 
 stations. 15 L.R.A. (N.S.) 715; 26 
 
 L.R.A.(N.S.) 483; L.R.A.1917D, 690. 
 Tower of municipal corporation to grant or 
 
 lease space in street for depot. 25 
 
 L.R.A.(N.S.) 404. 
 Power to compel establishment of stations. 
 
 17 L.R.A.(N.S.) 821. 
 Consideration of extrinsic evidence to show 
 
 unconstitutionality of statute demand- 
 
 ing railroad to maintain a certain 
 
 station. L.R.A.1915D, 460. 
 Delegation by legislature of power to re- 
 
 quire erection of station. 32 L.R.A. 
 
 (N.S.) 650. 
 May railroad companies be required to es- 
 
 tablish or maintain a station that will 
 
 not pay expenses. 26 L.R.A. (N.S.) 
 
 444. 
 Power to require establishment of unioB 
 
 station. L.R.A.1915D, 98. 
 Power of Public Service Commission to pre- 
 
 scribe the character of materials for 
 
 depots. L.R.A.1918C, 495. 
 Power to require carrier to keep agent at 
 
 station. 46 L.R.A. (N.S.) 242. 
 Duty of railroad company to install tele- 
 
 graph or telephone in its station. 47 
 
 L.R.A.(N.S.) 974. 
 Right to change location of station. 34 
 
 L.R.A. (N.S.) 412. 
 Power to compel change of location of rail- 
 
 road station. L.R.A.1915D, 91. 
 Consideration of entire return of railroad 
 
 company in passing upon its duty to 
 
 operate a branch line at a loss. L R A 
 
 1917F, 1193. 
 Power to limit speed of interstate and mail 
 
 293; 
 
 Duty to run street car to end of route in- 
 dicated by sign thereon. 1 B. R. C. 442. 
 
 CARRIERS, V. d cont'd 
 
 162. Stopping- of trains. 
 
 Power to compel stopping of trains at sta- 
 tions. 17 L.R.A(N.S-) 821; 29 L.R.A. 
 (N.S.) 159; 44 L.R.A. (N.S.) 478. 
 
 Right to require the stopping of interstate 
 and mail trains. 14 L.R.A. (N.S.) 293; 
 29 L.R.A.(N.S.) 150. 
 
 Right of municipal corporation to compel 
 interurban cars to stop for passengers. 
 16 L.R.A. (N.S.) 914. 
 
 Delegation by legislature of power to re- 
 quire stopping at station. 32 L.R.A. 
 (N.S.) 650. 
 
 CARRYING ON BUSINESS. 
 
 By foreign corporation, see CORPORATIONS. 
 
 145-148. 
 
 What constitutes. 14 L.R.A. 529. 
 
 By personal representative, testamentary 
 
 trustee, or guardian in behalf of estate. 
 
 40 L.R.A.(N.S.) 201. 
 
 CARRYING WEAPONS. 
 
 1. Generally. 
 
 Constitutional rights to bear arms. 14 
 L.R.A. 600; 3 L.R.A. (N.S.) 168; 2(J 
 L.R.A. (N.S.) 1007; 36 L.Il.A.(N.S.) 
 115; L.R.A.1917C, 63. 
 
 Homicide by accidental discharge of weap- 
 on carried in violation of law. 45 
 L.R.A.(N.S.) 221. 
 
 Right of peaco officer to carry weapons out- 
 side his district. .58 L.R.A. (N.S.) 998. 
 
 Conviction as condition of forfeiture of 
 weapons. 4LR.A.(N.S.) 358. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 571; L.RA.1915C, 570. 
 
 2. Concealed weapons. 
 
 Admissibility of weapons taken from de- 
 fendant charged with carrying con- 
 cealed weapons. 34 L.R.A. (N.S.) 58; 
 L.R.A.1915B, 837. 
 
 What manner of carrying of weapon vio- 
 lates statute against carrying concealed 
 weapons. 23 L.R.A. (N.S.) 173. 
 
 Right to convict for several offenses of car- 
 rying concealed weapons growing out 
 of same facts. 31 L.R.A. (N.S.) 093. 
 
 3. what are weapons. 
 
 What are weapons within offense of carry- 
 ing concealed weapons. 34 L.R.A. 
 (N.S.) 1174. 
 
 CARS. 
 
 Condition of passenger cars, see CARRIERS, 
 
 42, 73. 74. 
 Duty as to freight cars, see CARRIERS, SS 
 
 136-140. 
 
 raw^^-tssjsr "- - - .
 
 INDEX TO L.R.A. NOTES. 
 
 173 
 
 CARS cont'd 
 
 Use of highway for storing, see HIGHWAYS, 
 
 28. 
 Master's liability for injury to employee 
 
 due to condition of, see MASTER AND 
 
 SERVANT, 93. 
 As attractive nuisance, see NEGLIGENCE. 
 
 23. 
 
 Lack of cars as within provision in mining 
 lease excusing payment of minimum 
 royalty under certain circumstances. 
 L.R.A.1917E, 1079. 
 
 Hand car as a car within statute or ordi- 
 nance. L.R.A.1915A, 817. 
 
 Liability of hirer of railroad cars under 
 special terms of contract for their care 
 or return. L.R.A.1915B, 305. 
 
 Liability of master where servant invites or 
 permits children to ride on. L.R.A. 
 1915E, 888. 
 
 Attachment or garnishment of foreign rail- 
 road cars. 64 L.R.A. 501; 16 L.R.A. 
 (N.S.) 1026; L.R.A.1915D, 838. 
 
 Duty, as to employees, of inspection. 41 
 L.R.A. 88, 101. 
 
 Determining order of cars in train as a 
 delegable duty. 18 L.R.A. (N.S.) 279. 
 
 CAR STARTER. 
 
 As fellow servant. 52 L.R.A. (N.S.) 1095. 
 
 CARTER'S WILD CHERRY BITTERS. 
 
 Judicial notice of intoxicating character of. 
 
 48 L.R.A. (N.S.) 316. 
 Proximate cause of injury by. 26 L.R.A. 
 
 (N.S.) 719. 
 
 CARTMEN AND TEAMSTERS. 
 
 1. Generally. 
 
 Hackmen, see HACKS. 
 
 Regulation of draymen. 45 L.R.A. (N.S.) 
 1152. 
 
 As common carrier. 21 L.R.A. (N.S.) 188. 
 
 Employer's nonliability for negligence of. 
 65 L.R.A. G44. 
 
 As independent contractor. 65 L.R.A. 467, 
 468, 494; 13 L.R.A. (N.S.) 1122; 16 
 L.R.A.(N.S.) 816; 25 L.R.A.(N.S.) 33. 
 
 As fellow servant of one employing team. 
 17 L.R.A.(N.S.) 338. 
 
 Validity of contract with unlicensed cart- 
 men. 12 L.R.A. (N.S.) 617. 
 
 Exclusion of, from railroad depot. 39 
 L.R.A. (N.S.) 126. 
 
 Who is responsible for act of teamster in 
 charge of hired vehicle. L.R.A.1918E 
 121. 
 
 2. Lien of. 
 
 Teamster as a laborer within lien statute. 
 
 30 L.R.A. (N.S.) 89. 
 Right to statutory lien on property of third 
 
 person for rental of teams. 16 L.R.A. 
 
 (N.S.) 585. 
 Consult also L.R.A. Digests of Cases. 
 
 CASE. 
 
 1. Generally. 
 
 Right of action for unlawful combinations, 
 see CONSPIRACY; MONOPOLY AND COM- 
 BINATIONS. 
 
 Liability for conspiracy to injure business 
 of another, see CONSPIRACY, II. 
 
 Right of action for causing death, see 
 DEATH, II. 
 
 Alienation of affections of husband or wife, 
 see HUSBAND AND WIFE, 66, 67. 
 
 Master's liability for malicious act of serv 
 ant generally, see MASTEB AND SERV- 
 ANT, 176. 
 
 Action for seduction, see SEDUCTION. 
 
 Right of convicted person to maintain an 
 action against witness for negligently 
 giving false evidence. 3 B. R. C. 251. 
 
 Liability of one who procures defamatory 
 testimony to be given. 4 B. R. C. 986". 
 
 Civil liability for causing suicide. 47 
 L.R.A. (N.S.) 1009. 
 
 Joinder of successive owners of property in 
 action on the case for nuisance main- 
 tained thereon. 46 L.R.A. (N.S.) 1188. 
 
 Action by general creditor for damages 
 against third person for fraud in pre- 
 venting plaintiff from collecting his 
 claim. 47 L.R.A. 433. 
 
 Interposition of unfounded defense in a 
 civil action as basis of action for dam- 
 ages. 34 L.R.A. (N.S.) 1026. 
 
 Remedy of one who fails to record a deed, 
 against his grantor, who subsequently 
 conveys to an innocent third person. 
 26 L.R.A. (N.S.) 284. 
 
 Arbitrary or mala fide termination of part- 
 nership as basis of action in tort. 29 
 L.R.A.(N.S.) 959. 
 
 Right of principal to maintain case for 
 money collected by agent or attorney. 
 20 L.R.A. (N.S.) 35. 
 
 For injury to business or occupation; effect 
 of malice on liability. 62 L.R.A. 694. 
 
 Liability of individual, in absence of any 
 element of conspiracy, for driving away 
 another's customer. 22 L.R.A. (N.S.) 
 1224; L.R.A.1915B, 1180. 
 
 Liability for damage to business by injuring 
 tangible property of other party. 64 
 L.R.A. 94. 
 
 Landlord's interference with business rela- 
 tions between his tenants and third 
 persons. L.R.A.1916B, 815. 
 
 Right of third person to complain of regu- 
 lations concerning conduct of students, 
 employees, etc., by which he is injuri- 
 ously affected. 51 L.R.A.(N.S.) 17. 
 
 Right of physician to complain of regula- 
 tions of beneficial association or em- 
 ployer as to employment of physician. 
 L.R.A.1916B, 839. 
 
 Master's liability in case for wrongful or 
 negligent act of servant. 27 L.R.A. 
 197. 
 
 Personal liability to other contracting par- 
 ty of one who, without authority, as- 
 sumes to contract as agent for another. 
 34 L.R.A. (N.S.) 533.
 
 174 
 
 INDEX TO L.R.A. NOTES. 
 
 (. AM-: eont'd 
 
 Liabilitv for acts in pursuance of judgment 
 ftfterwardi reversed. 45 L.R.A. 800; 40 
 L.K.A.iN.S.) 1197. 
 
 Right to recover for physical injury result- 
 ing from fright caused by wilful tort. 
 3 L.R.A.(N.S.) 66; 22 L.R.A.(N.S.) 
 1073; 24 L.R.A.(N.S.) 1159; L.R.A. 
 1915D, 830. 
 
 Mental anguish as element of damages for 
 1 1 1 >]>asa on the person of a woman af- 
 fecting her character or reputation for 
 chastity. 33 L.R.A.(N.S.) 98. 
 
 Liabilitv for causing withdrawal of surety 
 from bond. 42 L.R.A. (N.S.) 388. 
 
 Basis of distinction between absolute and 
 qualified rights as affecting right to 
 inquire into motive. 29 L.R.A. (N.S.) 
 869. 
 
 Liability for damages to landlord by inter- 
 fering with tenant. L.R.A.1918D, 393. 
 
 Action by general creditor for damages 
 against third person on account of 
 fraud in disposing of debtor's property, 
 or preventing plaintiff from collecting 
 his claim. L.R.A.1917E, 1148. 
 
 Right of action for fraud or deceit causing 
 loss of remedy. L.R.A.1917F, 719. 
 
 Liability for mutilation or spoliation of 
 will. L.R.A.1917B, 558. 
 
 Right of action for statements affecting 
 value of personal property other than 
 goods sold or manufactured, or of real 
 property, other than those relating to 
 title. 6 B. R. C. 509. 
 
 2. Breach of contract. 
 
 Liability for negligent breach of contract 
 between private parties. 12 L.R.A. 
 (N.S.) 924. 
 
 3. Inducing breach of contract. 
 
 Liability of a person in damages for induc- 
 ing a third party to break his contract. 
 21 L.R.A. 233; 16 L.R.A. (N.S.) 746; 
 28 L.R.A.(N.S.) 615; L.R.A.1915F, 
 1076. 
 
 Good faitli as affecting liability for inter- 
 ference with contract relations. 1 B. 
 R. C. 18. 
 
 Injunction against inducing or aiding breach 
 of contract. 11 L.R.A. (N.S.) 202; 
 L.R.A.1917C, 782. 
 
 Effect of malice on liability for causing. 
 62 L.R.A. 078. 
 
 Liability for damages to landlord by in- 
 ducing tenant to break contract. L.R.A. 
 1918D, 393. 
 
 Liability of third person for inducing breach 
 of marriage contract. L.R.A.1918C, 
 1197. 
 
 Liability for inducing breach of invalid or 
 unenforceable contract. L.R.A.1915A, 
 820. 
 
 Liability for procuring violation of contract 
 for which immediate party thereto is 
 not liable. 6 B. R. C. 80. 
 
 4. inducing discharge of servant 
 or preventing his employment. 
 
 Bad motive as affecting liability for caus- 
 ing loss of employment. 62 L.R.A. 714. 
 
 ( ASK cont'd 
 
 Civil liability for inducing discharge of 
 
 servant. 19 L.R.A. (N.S.) 561; 48 
 
 L.R.A. (N.S.) 893. 
 Liability of person procuring discharge of 
 
 workmen upon ground of his nonmem- 
 
 bership in a labor organization. 5 
 
 L.R.A. (N.S.) 899. 
 Civil liability for maliciously procuring 
 
 discharge' of employee or preventing 
 
 employment, in absence of conspiracy 
 
 or concerted action. 27 L.R.A. (N.S.) 
 
 966. 
 Liability for causing discharge of servant 
 
 by acts not intended to have that effect. 
 
 38 L.R.A.(N.S.) 986. 
 
 Liability of labor union or its members to 
 
 persons with whose employment it 
 
 has interfered. 1 B. R. C. 514; 
 
 L.R.A.1917C, 1056. 
 
 Action on the case for blacklisting servants. 
 
 4 L.R.A.(N.S.) 1120. 
 Forcing discharge of foreman or coemployee 
 
 as justification for strike. 42 L.R.A. 
 
 (N.S.) 1048. 
 
 5. inducing servant to quit gener- 
 ally. 
 
 Choice of remedies for enticement of serv- 
 ant, see ELECTION OF REMEDIES, 9. 
 
 Liability of third person for inducing a 
 servant to break his contract. 21 
 L.R.A. 238; 5 L.R.A. (N.S.) 1091; 
 L.R.A.1915F, 1076. 
 
 Bad motive as affecting liability for caus- 
 ing loss of employee or servant. 62 
 L.R.A. 719. 
 
 Is contempt for violation of injunction 
 against interfering with another's em- 
 ployee, civil or criminal. 13 L.R.A. 
 (N.S.) 598. 
 
 5a. inducing servant to quit to aid 
 strike. 
 
 Right in aid of strike to use money to in- 
 duce persons not under contract to quit 
 or not accept employment. 41 L.R.A. 
 (N.S.) 453. 
 
 Right in aid of strike to employ peaceable 
 persuasion to induce persons not under 
 contract to quit or not accept employ- 
 ment. 41 L.R.A.(N.S.) 445. 
 
 6. Inducing minor to quit parent. 
 
 Enticement of child to leave parent. 1 
 
 L.R.A.(N.S.) 205; 45 L.R.A. (N.S.) 
 
 871. 
 What amounts to enticement of minor child 
 
 from parent's custody. 48 L.R.A. 
 
 (N.S.) 1001. 
 Mother's right of action for enticing of 
 
 minor. 1 L.R.A. (N.S.) 362. 
 
 CASE MADE. 
 
 As part of record on appeal, see APPEAL 
 
 irtth this book on every law question. 
 
 AND ERROR, 23.
 
 INDEX TO L.R.A. NOTES. 
 
 175 
 
 CASES CERTIFIED. 
 
 Definiteness of question to be certified. 31 
 L.R.A. 392. 
 
 CASH BAIL. 
 
 Deposit of cash in lieu of bail in criminal 
 cases, in absence of statutory author- 
 ity. 44 L.R.A.(N.S.) 1150. 
 
 CASH DIVIDENDS. 
 
 Right to, as between life tenant and re- 
 maindermen. 12 L.R.A. (N.S.) 780; 35 
 L.R.A. (N.S.) 563; 50 L.R.A. (N.S.) 
 510. 
 
 CASHIER. 
 
 Powers of, see BANKS, 8. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond of. L.R.A.1917B, 990. 
 
 Of foreign corporation, service of process 
 on. 23 L.R.A. 496. 
 
 Liability of bank directors for cashier's 
 default or negligence. 4 L.R.A. (N.S.) 
 597. 
 
 CASH SALE. 
 
 Right of purchaser or creditor levying 
 on goods sold for cash but delivered 
 without payment. 13 L.R.A. (N.S.) 
 696; 29 L.R.A. (N.S.) 709; 47 L.R.A. 
 (N.S.) 173. 
 
 Admissibilitv of memoranda on check stubs 
 as evidence of. 42 L.R.A. (N.S.) 728. 
 
 CASH SURRENDER VALUE. 
 
 Of insurance policy, see INSURANCE, 57. 
 
 
 
 CASINO. 
 
 Power of municipality to construct. 26 
 L.R.A. (N.S.) 425. 
 
 CASTING VOTE. 
 
 See PARLIAMENTARY LAW, 2. 
 
 CASTLE. 
 
 What constitutes. 67 L.R.A. 545. 
 Consult also L.R.A. Digests of Cases. 
 
 CASTRATION. 
 
 See STERILIZATION. 
 
 CASUAL EMPLOYEE. 
 
 Right to recover under Workmen's Com- 
 
 pensation Act. L.R.A.1917D, 147; 
 
 L.R.A.1918F, 215. 
 Who are, within meaning of workmen's com- 
 
 pensation act. L.R.A.1916A, 120, 247, 
 
 365. 
 
 CATALOGUE. 
 
 Sufficiency of identification for purposes of 
 executory contract, where goods are or- 
 dered by reference to a catalogue or 
 price list. 31 L.R.A. (N.S.) 927. 
 
 CATERER. 
 
 Liability for serving unfit food. 40 L.R.A. 
 (N.S.) 480; L.R.A.1915B, 481. 
 
 CATHOLICS. 
 
 Remarriage of divorced Catholics. L.R.A 
 1917C, 1020. 
 
 CATTLE. 
 
 Transportation of, see CARRIERS, 124- 
 127. 
 
 Injuries to, on railroad track, see RAIL- 
 ROADS, 73-76, 85. 
 
 See also ANIMALS. 
 
 Liability of vendor of unwholesome food 
 for. 21 L.R.A. 140. 
 
 CATTLE GUARDS. 
 
 Duty of railroad company as to, generally, 
 see RAILROADS, 34. 
 
 Duty of railroad company to maintain safe- 
 guards to prevent employees from fall- 
 ing into. 50 L.R.A. (N.S.) 550. 
 
 CATTLE YARDS. 
 
 On railroad right of way as separate sub- 
 jects of taxation. 'L.R.A.1916E, 416. 
 
 CAUCUS. 
 
 See ELECTIONS, 25, 26.
 
 176 
 
 INDEX TO L.R.A. NOTES. 
 
 CAUSA MORTIS. 
 
 Gift causa mortis, see GIFT, 10. 
 
 CAUSE. 
 
 r-.-iunption and burden of proof as to, see 
 
 KVIDKNCE, 60. 
 
 Opinion evidence as to, see EVIDENCE, 187. 
 Admissibility of evidence as to, generally, 
 
 see EVIDENCE, 248. 
 
 Question for jury as to, see TRIAL, 22. 
 Of loss of insured property or death 'of in- 
 
 sured, see INSURANCE, VIII. 
 Of loss of vessel or cargo, see SHIPPING. 
 
 20. 
 Proximate cause, see PROXIMATE CAUSE. 
 
 CAUTION. 
 
 Kemoval of inducement to confess by ac- 
 cused. 18 L.R.A.(N.S.) 867. 
 
 Caution against incrimination as an in- 
 ducement to make confession. 18 
 L.R.A.(N.S.) 824. 
 
 Effect of cautioning or failure to caution 
 accused on voluntariness of confession. 
 18 L.R.A.(N.S.) 791; 50 L.R.A. (N.S.) 
 1083. 
 
 Right of court to caution jury as to be- 
 lieving testimony of accused in his own 
 behalf. 19 L.R.A. (N.S.) 802. 
 
 CAVEAT EMPTOR. 
 
 See also SALE. 
 
 Applicability of rule of, to sales for parti- 
 tion. 33 L.R.A. (N.S.) 409. 
 
 Application of principle of caveat emptor in 
 sales by mortgagee under power in 
 inortL'asrc. 49 L.R.A. (N.S.) 514. 
 
 Applicability of rule caveat emptor to sales 
 by guardian of minors as* regards ward's 
 title. L.R.A.1915E, 834. 
 
 CELEBRATIONS. 
 
 Amusements generally, see AMUSEMENTS. 
 
 Authority of agent of executive committee 
 for, to contract for services of other 
 persons. L.R.A.1918F, 70. 
 
 Appropriations of public monev for. 14 
 L.R.A. 475. 
 
 Right of taxpayer in absence of statute to 
 enjoin unlawful expenditures by munic- 
 ipality for. 36 L.R.A.(N.S.) 2. 
 
 CELEBRITY. 
 
 Name of celebrity as trademark or trade 
 name. L.R.A.1917C, 1161. 
 
 CELLAR DOOR. 
 
 Extension of, beyond line as violation of 
 building restriction. 52 L.R.A. (N.S.) 
 1062. 
 
 CELLARWAY. 
 
 Municipal liability for injury by cellar- 
 way in street, see HIGHWAYS, 62. 
 See also AREAWAY. 
 
 , - 
 
 negin n ith tliix book on every law question. 
 
 CEMETERIES. 
 
 1. Generally. 
 
 Abandonment of, see ABANDONMENT, 8. 
 Injunction as to, see INJUNCTION, 75. 
 As a nuisance, see NUISANCES, 8. 
 See also BURIAL ; CORPSE. 
 
 Effect of constitutional or statutory exemp- 
 
 tion of, from condemnation proceed- 
 
 ings. L.R.A. 191 6A, 1106. 
 Effect of language in deed indicating that 
 
 land is to be used for cemetery pur- 
 
 poses. 19 L.R.A. 266; L.R.A. 1918B, 
 
 699. 
 Prescriptive right to maintain. 53 L.R.A. 
 
 895. 
 Prescription or adverse possession of grave 
 
 or burial lot. 40 L.R.A. (N.S.) 752. 
 When right of burial in private burial 
 
 ground is barred by adverse possession. 
 
 42 L.R.A. (N.S.) 1138. 
 What is necessary to effect a dedication of 
 
 land as a cemetery or burial plot. 27 
 
 L.R.A. (N.S.) 875. 
 Right to specific performance of contract 
 
 to convey real estate as affected by 
 
 attempted reservation of cemetery or 
 
 burial plot. 41 L.R.A.(N.S.) 384. 
 Use of school grounds for purposes of. 31 
 
 L.R.A. (N.S.) 595. 
 Taking of property for, as a public purpose. 
 
 22 L.R.A. (N.S.) 171. 
 Public character of charitable bequest for. 
 
 37 L.R.A.(N.S.) 997. 
 Validity of testamentary provision for 
 
 erection of monument, or for the care 
 
 and maintenance of tombs, burial 
 
 grounds, etc. 1 B. R. C. 931. 
 Regulations of burials and cemeteries. 27 
 
 L.R.A.(N.S.) 260. 
 
 Validity of regulations concerning care or 
 improvement of cemetery lota 
 L.R.A.1915E, 168. 
 Abandonment or sale by town or municipal- 
 
 ity of ground used for cemetery. 42 
 
 L.R.A. (N.S.) 1216. 
 Forbidding burial of negro in cemetery con- 
 
 trolled by white persons. 7 L.R.A. 
 
 (N.S.) 155; L.R.A.1917B, 948. 
 
 2. Character of estate or property of 
 owner in burial lot. 
 
 Easement. 67 L.R.A. 119; L.R.A.1918A, 
 
 147 
 License. 67 L.R.A. 120; L.R.A.1918A, 148.
 
 INDEX TO L.R.A. NOTES. 
 
 177 
 
 CEMETERIES cont'd 
 
 Devise. 67 L.R.A. 121; L.Ii.A.191SA, 149. 
 
 Cemetery dedicated to a class. 67 L.R.A. 
 
 122; L.R.A. 1918A, 149. 
 When held in common. 67 L.R.A. 122; 
 
 L.R.A.1918A, 149. 
 Right to mortgage. 67 L.R.A. 122; L.R.A. 
 
 1918A, 149. 
 Power of cemetery authorities. 67 L.R.A. 
 
 123; L.R.A.1918A, 149. 
 Trespass on lot owner's possession. 67 
 
 L.R.A. 124; L.R.A.191SA, 149. 
 Ejectment. 67 L.R.A. 125; L.R.A.1918A, 
 
 150. 
 Effect upon, of legislative act or municipal 
 
 ordinance closing cemetery. 67 L.R.A. 
 
 125; L.R.A.1918A, 150. 
 
 3. Assessment and taxation of. 
 
 Liability to assessment for local improve- 
 ments. 35 L.R.A. 36; 44 L.R.A. (N.S.) 
 57; L.R.A.1916F, 865; L.R.A.1918A, 
 
 157. 
 
 CENSORSHIP. 
 
 Of films for moving pictures. 40 L.R.A. 
 (N.S) 194; L.R.A.1916C, 227; L.R.A. 
 1918A, 231. 
 
 CENSUS, 
 
 Census returns as evidence of 
 (N.S.) 718. 
 
 3. 9 L.R.A. 
 
 CERTAINTY. 
 
 6-9. 
 
 Of charitable gift, see CHARITIES, 
 Of contract, see CONTRACTS, 20. 
 As condition of specific performance, see 
 SPECIFIC PERFORMANCE, 23. 
 
 Of special verdict. 24 L.R.A. (N.S.) 46. 
 
 Of acts regulating speed of automobiles. 
 L.R.A.1918D, 335. 
 
 Devise or bequest in severalty of undesig- 
 nated parcels of property to different 
 persons. 41 L.R.A. (N.S.) 1049. 
 
 CERTIFICATE. 
 
 1. Generally. 
 
 Of acknowledgment, see ACKNOWLEDGMENT. 
 
 Of deposit, see BANKS, 30. 
 
 As to character of employee, see CHARAC- 
 TER, 2. 
 
 Of performance of contract, see CONTRACTS. 
 140-142. 
 
 As to cause of death, see CORPSE, 4. 
 
 Of nomination, see ELECTIONS, 25. 
 
 Of records of other state for purpose of 
 evidence, see EVIDENCE, 128. 
 
 CERTIFICATE cont'd 
 
 Of receiver, see RECEIVERS. 
 
 Tax certificate, see TAXES, 80. 
 
 Forgerv by making or altering. 54 L.R.A. 
 796, 798. 
 
 Of foreign insurance company's right to 
 do business. 24 L.R.A. 300. 
 
 Clearing house loan certificates. 25 L.R.A. 
 826. 
 
 Of drawing of grand jury. 27 L.R.A. 782. 
 
 Of magistrate in case of fire insurance. 44 
 L.R.A. 860. 
 
 Respective rights of life tenant and re- 
 mainderman in distributions by corpo- 
 ration in form of certificates of declar- 
 ing corporation. 12 L.R.A.(N.S.) 812. 
 
 Master's duty as to giving certificate of 
 character to servant. 4 L.R.A. (N.S.) 
 1091. 
 
 Conclusiveness of official certificate approv- 
 ing fire escapes. 1 L.R.A. (N.S.) 1091. 
 
 Impeachment of enrolled bill by certificates 
 of legislative officers. 40 L.R.A. (N.S.) 
 31. 
 
 Issuing certificates of clerk in name of dep- 
 uty. 42 L.R.A.(N.S.) 883. 
 
 Conclusiveness of decision of the Land De- 
 partment canceling a certificate of en- 
 try. L.R.A.1918D, 634. 
 
 Requiring one operating jitney bus to secure 
 certificate of convenience and necessity. 
 L.R.A.1918B, 916. 
 
 2. On appeal. 
 
 Amendment of record on, to cure defect for 
 which motion in arrest of judgment 
 has been made. 67 L.R.A. 385. 
 
 Effect of certificate of state court to show 
 jurisdiction of United States Supreme 
 Court of writ of error to state court. 
 63 L.R.A. 477. 
 
 Of state court as part of record on review 
 in United States Supreme Court. 63 
 L.R.A. 332. 
 
 Should certificate to bill of exceptions or 
 case made be made by regular or spe- 
 cial judge. 42 L.R.A.(N.S.) 616. 
 
 3. Of physician. 
 
 Sale of liquor on physician's certificate, 
 see INTOXICATING LIQUORS, 21 a. 
 
 Conclusiveness of doctor's certificate as to 
 cause of death of insured. 44 L.R.A. 
 854. 
 
 Validity of regulation requiring certificate 
 as to cause of death as condition of 
 burial permit. 5 L.R.A.(N.S.) 727. 
 
 CERTIFICATE OF DEPOSIT. 
 
 See BANKS, 30. 
 
 CERTIFICATION. 
 
 Of check, see CHECKS, 7. 
 See also CASES CERTIFIED. 
 
 Consult also L.R.A. Digests of Cases. 12
 
 178 INDKX TO L.R.A. NOTES. 
 
 CERTIFIED CHECK. CHAIN OF TITLE. 
 
 See CHECKS, 7. 
 
 45 L.R.A. 
 
 CERTIORARI. 
 
 1. When lies. 
 
 To icvirxv excessive sentence. 
 
 158; 51 L.R.A.(N.S.) 388. 
 As remedy for refusal to award contract 
 
 to lowest bidder. 30 L.R.A. (N.S.) 130. 
 Hiuht of garnishee to certiorari to renew 
 
 judgment against principal defendant 
 
 on ground of lack of jurisdiction. 51 
 
 L.R.A.(N.S.) 600. 
 
 2. existence of remedy by appeal. 
 
 Exceptions to the rule that certiorari will 
 not lie where there is an appeal. 
 50 L.R.A. 787. 
 
 8 3. jurisdiction of highest court. 
 
 In exercise of superintending control over 
 inferior courts. 51 L.R.A. 33. 
 
 Kxclusiveness of jurisdiction of court of 
 last resort to issue remedial writs for 
 prerogative purposes. 13 L.R.A. (N.S.) 
 768. 
 
 4. Who entitled to. 
 
 Who is entitled to invoke certiorari to re- 
 view a, decree or order affecting sale of 
 intoxicating liquors. 19 L.R.A.(N.S.) 
 610. 
 
 5. Bond. 
 
 Effect of insertion of unauthorized provi- 
 sions in. L.R.A.1917B, 1002. 
 
 Penalty as limit of liability on bond. 55 
 L.R.A. 388. 
 
 Korm of judgment on certiorari bond. 62 
 L.R.A. 446. 
 
 6. Amendment of record on. 
 
 Amendment on appeal, see APPEAL AND ER- 
 ROR, 6. 
 
 To cure defect for which motion in arrest 
 
 of judgment has been made. 
 185. 
 
 67 L.R.A. 
 
 CESSPOOLS. 
 
 Liability of landlord to third persons as to. 
 26 L.R.A. 201. 
 
 CESTTJI Ql'E TRUST. 
 
 See TRUSTS. 
 
 CHAIN. 
 
 Effect of remote quit claim in, on rights of 
 subsequent purchaser. 25 L.R.A. 
 (N.S.) 1035. 
 
 Application of res ipsa loquitur in case of 
 by breaking of. 
 
 injury to servant 
 L.R.A.1917E, 239. 
 
 CHAIN THEORY. 
 
 Does chain theory apply where the evidence 
 is wholly circumstantial. 41 L.R.A. 
 (N.S.) 749. 
 
 CHAIRS. 
 
 As deadly weapons. 21 L.R.A. (N.S.) 506. 
 
 CHALLENGES. 
 
 Of jurors, see JURY, 9. 
 
 4 
 
 CHAMBER OF COMMERCE. 
 
 Review of decisions of, against members. 
 
 49 L.R.A. 358, 361, 364, 371. 
 Conclusiveness of decisions of. 2 L.R.A. 
 
 (N.S.) 672. 
 Membership in chamber of commerce as 
 
 asset in bankruptcy. 27 L.R.A. (N.S.) 
 
 613. 
 Right to subsidize enterprises. L.R.A. 
 
 1916B, 1009. 
 
 CHAMPERTY AND MAINTENANCE. 
 
 1. Generally. 
 
 Contract by attorney to take case on con- 
 tingent fee, see ATTORNEYS, 20. 
 
 Champertous contract with attorney gener- 
 ally, see ATTORNEYS, 21. 
 
 Effect of interest; relationship. 14 L.R.A. 
 
 747. 
 Champertous contracts of laymen. 14 
 
 L.R.A. 745; L.R.A.1916E, 68*. 
 Validity of champertous contract. 12 
 
 L.R.A. (N.S.) 606. 
 Validity of agreement to defeat probate 
 
 of will. 16 L.R.A. (N.S.) 236: 43 L.R.A. 
 
 (N.S.) 575. 
 Agreement to defend against claims as 
 
 maintenance. 1 B. R. C. 17C. 
 Validity of assignment of debt as affected 
 
 by nature of consideration, or by as- 
 signee's ulterior purpose. 5 B. R. C. 
 
 611. 
 Right of third person to take advantage of 
 
 champerty. 35 L.R.A. (N.S.) 513. 
 Effect of conveyance of land held adversely: 
 
 icith this book on every law question. 
 
 35 L.R.A. (N.S.) 729.
 
 INDEX TO L.R.A. NOTES. 
 
 179 
 
 CHANCE. 
 
 As element in lottery, see LOTTERY. 
 * 
 
 CHANCERY. 
 
 See EQUITY. 
 
 - 4 
 
 CHANCE VERDICT. 
 
 Set; TRIAL, 79. 
 
 CHANDELIERS. 
 
 Tenant's right to remove. 3 L.R.A. (N.S.) 
 
 CHANGE. 
 
 Tender of sum in excess of that due carrier, 
 with demand for change. 13 L.R.A. 
 (N.S.) 624. 
 
 What is a reasonable sum out of which a 
 carrier may be required to take fare 
 and return change. 35 L.R.A. 489; 
 9 L.R.A.(N.S.) 579; 21 L.R.A. (N.S.) 
 868. 
 
 Effect of party's changing testimony on sec- 
 ond trial, to supply defects in the case 
 made on the first trial. 37 L.R.A. 
 (X.S.) 429. 
 
 CHANGE OF APPLIANCES. 
 
 Assumption of risk by employee of dangers 
 arising from. L.R.A.1916D, 1210. 
 
 CHANGE OF BENEFICIARY. 
 
 In benefit certificate, see INSURANCE, 
 127-129. 
 
 CHANGE OF CONTRACT. 
 
 Release of surety by, see PRINCIPAL AND 
 SURETY, 13. 
 
 CHANGE OF GRADE. 
 
 Of highway, see HIGHWAYS, 52, 53. 
 
 Right to change grade of private right of 
 
 way. L.R.A.1918A. 595. 
 Consult also L.R.A. Digests of Cases. 
 
 CHANGE OF NAME. 
 
 See NAME, 12. 
 
 + 
 
 CHANGE OF OCCUPATION. 
 
 By insured, effect, see INSURANCE, 95. 
 
 CHANGE OF POSITION. 
 
 Within law of estoppel, see ESTOPPEL, 7b. 
 
 CHANGE OF POSSESSION. 
 
 Of mortgaged chattels, see CHATTEL MORT- 
 
 GAGE, 14, 14a. 
 Necessity of, as against creditors, see 
 
 FRAUDULENT CONVEYANCES, 19, 20. 
 On judicial sale, see JUDICIAL SALE, 10. 
 Of pledged property, see PLEDGE AND COL- 
 
 LATERAL SECURITY, 5. 
 Change of possession of chattels sold, see 
 
 FRAUDULENT CONVEYANCES, 19, 20; 
 
 SALE, 10-12, 14. 
 
 CHANGE OF RESIDENCE. 
 
 See DOMICIL AND RESIDENCE, 6, 7. 
 
 CHANGE OF TITLE. 
 
 To insured property, see INSURANCE, 69- 
 72. 
 
 CHANGE OF VENUE. 
 See VENUE, 2, 3. 
 
 < 
 
 CHANGING CARS. 
 
 Carrier's liability for failure to notify pas- 
 senger when and where to change cars. 
 39 L.R.A.(N.S.) 663. 
 
 CHANGING CONDITIONS. 
 
 Master's duty as to safety of place where 
 .conditions are changing, see MASTER 
 AND SERVANT, 80. 
 
 CHANNEL. 
 
 Artificial channel, see ARTIFICIAL CHANNEL. 
 Change of channel of water appropriated, 
 see WATERS, 87.
 
 180 
 
 INDEX TO L.R.A. NOTES. 
 
 CHANNEL cont'd 
 
 Jurisdiction over. 46 L.R.A. 266. 
 
 Of boundary river, effect of change on juris- 
 diction. 65 L.R.A. 967. 
 
 Change of, as change of state boundary. 39 
 L.R.A.(N.S.) 200. 
 
 CHARACTER. 
 
 1. Generally. 
 
 Presumption and burden of proof as to, 
 
 see EVIDENCE, 25. 
 Parol evidence as to character of parties 
 
 to instrument, see EVIDENCE, 172, 
 
 184. 
 Evidence as to generally, see EVIDENCE, 
 
 249-253. 
 Of deceased as affecting homicide, see 
 
 HOMICIDE, 3. 
 
 Competency of witness as to, see WIT- 
 NESSES, 25. 
 Cross-examination of witness as- to, see 
 
 WITNESSES, 34. 
 As to reputation, see REPUTATION. 
 
 Expenditure by administrator for protec- 
 tion of decedent's character. 16 L.R.A. 
 743. 
 
 Evidence of other crimes to rebut defense 
 of good character. 62 L.R.A. 300. 
 
 Of indorser of paper as putting purchaser 
 on inquiry. 29 L.R.A.(N.S.) 373; 44 
 L.R.A. (N.S.) 403; L.R.A.1918F, 1153. 
 
 Removal for separable controversy of ac- 
 tion for injury to. 5 L.R.A.(N.S.) 93. 
 
 Of accused as affecting voluntariness of 
 confession. 18 L.R.A. (N.S.) 786. 
 
 Right of defendant charged with sexual 
 offense to impeach character of woman 
 for chastity by reason of his own inter- 
 course with her prior to acts charged. 
 30 L.R.A.(N.S.) 173. 
 
 Effect of character of traveler on inn- 
 keeper's duty as to shelter and enter- 
 tainment. 2 B. R. C. 692. 
 
 Mental anguish as element of damages for 
 trespass on the person of a woman af- 
 fecting her character or reputation for 
 chastity. 33 L.R.A. (N.S.) 98. 
 
 2. Of employee; certificate as to. 
 
 Libelous statement as to servant's char- 
 acter, see LIBEL AND SLANDER, 20, 
 27. 
 
 Duty to give certificate of, to discharged 
 employee. 62 L.R.A. 922. 
 
 Certificate of, to servant; rights and liabil- 
 ities as to. 4 L.R.A. (N.S.) 1091. 
 
 2a. Or accused. 
 
 Contempt by publication reflecting upon de 
 
 fendant in criminal case. L.R.A.1917E 
 
 713. 
 Presumption as to good character of de 
 
 fendant in criminal case. 46 L.R.A 
 
 (N.S.) :u-2. 
 As affecting voluntariness of confession 
 
 50 L.R.A.(N.S.) 1082. 
 
 CHARACTER cont'd 
 
 Evidence of specific instances to prove char- 
 acter of. 14 L.R.A.(N.S.) 735. 
 
 Witness's right to testify to character of 
 accused from personal knowledge. 22 
 L.R.A.(N.S.) 661. 
 
 Right of jurors to act on their own knowl- 
 edge as to character or previous con- 
 duct of. 37 L.R.A. (N.S.) 797. 
 omment of prosecuting attorney on char- 
 acter as ground of reversal or new 
 trial. 46 L.R.A. 666; 34 L.R.A. (N.S.) 
 818; L.R.A.1918D, 90. 
 
 j 3. Effect of misrepresentation or con- 
 cealment as to, on marital relation. 
 
 Fraudulent concealment of bad character 
 as ground for avoiding promise of mar- 
 riage. 26 L.R.A. 431. 
 
 Misrepresentation as to disposition or gen- 
 eral character as ground for annulment 
 of marriage. 30 L.R.A. (N.S.) 301. 
 
 } 4. Determination as to satisfaction of 
 condition in will as to. 
 
 See WILLS, 88. 
 
 5. Effect of on damages recoverable. 
 
 Bad character or reputation of plaintiff as 
 mitigating damages for libel or slan- 
 der. 38 L.R.A. (N.S.) 1176. 
 
 Evidence of habits and character of one 
 injured or killed as affecting damages. 
 1 L.R.A.(N.S.) 198. 
 
 CHARGE. 
 
 By carrier, see CABBIEBS, 23-25, 122. 
 For use of telephone, see TELEPHONES. 
 
 5-7. 
 
 By warehouseman, see WAREHOUSEMAN, 3. 
 For wharfage, see WHARVES, 10, 11. 
 On devise or legacy, see WILLS, 119. 
 Rates charged, see RATES. 
 To jury, see TRIAL, 60-68. 
 
 CHARITABLE INSTITUTION. 
 
 Liability of, see CHARITIES, 12. 
 
 CHARITABLE TRUSTS. 
 
 See CHARITIES. 
 
 Begin u'ith this book on every law question. 
 
 CHARITIES. 
 
 1. Generally. 
 
 Charitable gifts to corporation, see CORPO- 
 RATIONS, 26a. 
 
 Rule of perpetuities as to, see PERPETUITIES, 
 2. 
 
 Exemption from taxation of property of 
 charitable societv, see TAXES, 24- 
 26.
 
 INDEX TO L.R.A. NOTES. 
 
 181 
 
 CHARITIES cont'd 
 
 Restriction on charitable gifts bv will, see 
 
 WILLS, 72, 73. 
 See also BENEVOLENT SOCIETIES; HOSPITAL. 
 
 Giving of free service or reduced rates by 
 public service corporation to charities 
 as an unlawful discrimination. L.R.A. 
 1918D, 916. 
 
 State or municipal power to control private 
 charity. L.R.A.1916D, 912. 
 
 Liability of property of charitable institu- 
 tion to assessments for local improve- 
 ments. 44 L.R.A. (N.S.) 57. 
 
 Mechanics' lien on property of charitable 
 institution. 51 L.R.A. (N.S.) 161. 
 
 Conflict of laws as to charitable bequests. 
 2 L.R.A. (N.S.) 438. 
 
 Exercising power of appointment for a 
 charitable use. 64 L.R.A. 911. 
 
 Secret trusts for. 20 L.R.A. 465. 
 
 Using property of lunatic for charitable 
 purposes. 34 L.R.A. 300. 
 
 Trustee or member of a charitable bene- 
 ficiary as a witness to the will. 36 
 L.R.A.(N.S.) 504. 
 
 Obtaining money by false representations 
 for charity as false pretenses. 24 
 L.R.A. (N.S.) 575. 
 
 Requiring payment from inmate as affecting 
 right of charitable institution to pub- 
 lic aid, or exemption from taxation. 29 
 L.R.A.(N.S.) 190; L.R.A.1917B, 782. 
 
 What constitutes residence of inmate of 
 charitable home entitling him to privi- 
 lege of. public schools. 36 L.R.A. (N.S.) 
 344; 51 L.R.A. (N.S.) 234. 
 
 Right of educational, charitable, or reli- 
 gious institution to exclude person on 
 account of race or color. 24 L.R.A. 
 (N.S.) 447. 
 
 Character of occupancy of employees of. 
 4 L.R.A. (N.S.) 718, 720. 
 
 Applicability of statutes limiting time or 
 amount of bequests for charitable pur- 
 poses to devise or bequest to individual 
 absolutely in the hope that he will de- 
 vote it to such purposes. 22 L.R.A. 
 (N.S.) 1262. 
 
 Liability of property of charitable insti- 
 tution to assessment for local improve- 
 ments. 35 L.R.A. 37. 
 
 2. Creation and requisites; validity 
 generally. 
 
 Creation of charitable trusts by precatory 
 
 words in will. 37 L.R.A. (N.S.) 646. 
 Creation and general requisites of the 
 trust. 14 L.R.A. (N.S.) 75; 37 
 L.R.A. (N.S.) 999. 
 
 Effect of direction for accumulation upon 
 validity of charitable gift. 2 B. R. C. 
 880. 
 
 3. What are charities; purposes of 
 trust. 
 
 Certainty of purpose, see infra, 7. 
 
 Validity of bequests for masses. 25 L.R.A. 
 
 360; 40 L.R.A. 717; 14 L.R.A.(N.S.) 
 
 96; 37 L.R.A. (N.S.) 1005. 
 Consult also L.R.A. Digests of Cases. 
 
 CHARITIES cont'd 
 
 Validity of testamentary provision for erec- 
 tion of monument or for the care 
 and maintenance of tombs, burial 
 grounds, etc. 1 B. R. C. 931. 
 Validity of trust to propagate a particular 
 religious belief as a charity, (i 
 L.R.A. (N.S.) 320. 
 
 Gift for the benefit of members of a par- 
 ticular organization, as a charity. 
 5 L.R.A. (N.S.) 687. 
 Trust for the benefit of employees. 7 B. R. 
 
 C. 180. 
 
 Existence of public free-school system as 
 affecting validity of trust for educa- 
 tion of children. 7 L.R.A. (N.S.) 471. 
 Effect of specifying use of real estate in 
 devise to religious society. 11 L.R.A. 
 (N.S.) 509. 
 
 Effect of provision directing the particular 
 purpose to which property granted or 
 devised to or for the benefit of a char- 
 itable organization shall be devoted. 
 7 L.R.A.(N.S.) 1119. 
 
 4. Gift to unincorporated society. 
 
 Effect of subsequent incorporation. 14 
 
 L.R.A. 410. 
 Validitv of gift to unincorporated charity. 
 
 32*L.R.A. 625; 14 L.R.A.(N.S.) 142; 
 
 37 L.R.A.(N.S.) 1019. 
 
 5. Trustees. 
 
 Certainty as to, see infra, 9. 
 
 Municipal corporation as trustee of char- 
 ity. 7 L.R.A. 765;* 13 L.R.A. 217;* 
 . 14 L.R.A. 69. 
 
 Association as trustee. 32 L.R.A. 630; 14 
 L.R.A.(N.S.) 114. 
 
 Authority of legislature to remove munici- 
 pality from trusteeship. 16 L.R.A. 
 695. 
 
 6. Uncertainty; indeflniteness. 
 
 Certainty as to subject-matter. 14 L.R.A. 
 
 (N.S.) 146. 
 Certainty as to mode of performance. 14 
 
 L.R.A. (N.S.) 149. 
 Explanation of uncertainty. 14 L.R.A. 
 
 (N.S.) 151. 
 
 7. certainty as to purpose. 
 
 In general. 12 L.R.A. (N.S.) 1177; 14 
 L.R.A.(N.S.) 84; 37 L.R.A. (N.S.) 
 1001. 
 
 Selection of purpose by trustee. 14 L.R.A. 
 (N.S.) 85; 37 L.R.A. (N.S.) 1002. 
 
 Rule of cases rejecting statute of uses. 14 
 14 L.R.A. (N.S.) 86. 
 
 8. certainty as to beneficiaries. 
 
 In general. 12 L.R.A. (N.S.) 1177; 14 
 
 L.R.A.(N.S.) 116; 37 L.R.A. (N.S.) 
 
 1012. 
 Uncertainty as a characteristic. 14 L.R.A. 
 
 (N.S.) 116. 
 The necessary certainty. 14 L.R.A. (N.S.) 
 
 116. 
 Corporations as beneficiaries. 14 L.R.A. 
 
 (N.S.) 140; 37 L.R.A.(N.S.) 1019.
 
 INDEX TQ L.R.A. NOTES. 
 
 CHARITIES cont'd 
 
 l"n incorporated associations as beneficiaries. 
 
 14 L.R.A.(N.S.) 142; 37 L.R.A.(N.S.) 
 
 LOW. 
 KllVct of change of purpose or condition by 
 
 honeficiary. 14 L.R.A.(N.S.) 144; 37 
 
 LJUMKS.) 1020. 
 Particular applications of English rule. 37 
 
 L.R.A.(N.S.) 1012. 
 Where English rule repudiated. 37 L.R.A. 
 
 (N.S.) 1013. 
 Partial return to English rule in New York. 
 
 37 L.R.A.(N.S.) 1014. 
 Misnomer of beneficiaries. 37 L.R.A. (N.S.) 
 
 1019. 
 Extrinsic evidence to establish identity of 
 
 charitable corporation named as lega- 
 tee or devisee in will. 47 L.R.A. (N.S.) 
 
 523. 
 
 9. certa'inty as to trustees. 
 
 In general. 14 L.R.A.(N.S.) 104; 37 L.R.A. 
 
 (N.S.) 1010. 
 Sufficiency of designation. 14 L.R.A. (N.S.) 
 
 105. 
 Absence or incapacity of trustees. 14 
 
 L.R.A.(N.S.) 109; 37 L.R.A.(N.S.) 
 
 1011. 
 Corporations as trustees. 14 L.R.A. (N.S.) 
 
 Ill; 37 L.R.A.(N.S.) 1011. 
 Unincorporated associations as trustees. 
 
 32 L.R.A. 630; 14 L.R.A. (N.S.) 114. 
 
 10. Administration; enforcement. 
 
 State or municipal power to control private 
 
 charity. L.R.A.1916D, 912. 
 Right of donor or his heirs to enforce 
 proper administration of charitable 
 trust. 3 L.R.A.(N.S.) 227. 
 Enforcement of general bequest for charity 
 or religion. 14 L.R.A.(N.S.) 49; 
 37 L.R.A.(N.S.) 993. 
 
 Necessary accordance with law and public 
 "policy. 14 L.R.A.(N.S.) 71; 37 
 L.R.A. (N.S.) 998. 
 
 Remedy for enforcement of legacy for edu- 
 cation when charged on devise. 30 
 L.RJMN.S.) 824. 
 
 Who may enforce trust for masses. 46 
 L.R.A.(N.S.) 222. 
 
 11. Cy pres doctrine. 
 
 Doctrine of cy pris in enforcement of gen- 
 eral bequest for charity or religion. 
 14 L.R.A.(N.S.) 59. 
 
 Rule of cy prte as to certainty as to bene- 
 ficaries. 14 L.R.A.(N.S.) 120. 
 
 Application of cy pres doctrine to chari- 
 table gift. 37 L.R.A.(N.S.) 1005,1007. 
 
 Application of doctrine of cy pres in dis- 
 posing of property of church upon its 
 dissolution. 47 L.R.A.(N.S.) 1016. 
 
 12. Liability of charitable institution. 
 
 Liability of hospital, see HOSPITAL, 4. 
 
 Liability of charitable institutions for per- 
 sonal injuries. 23 L.R.A. 200; 7 L.R.A 
 (N.S.) 481; 10 L.R.A.(N.S.) 74; 22 
 L.R.A.(N.S.) 486; 32 L.R.A. (N.S.) 62; 
 42 L.R.A.(N.S.) 1144; 52 L.R.A. (N.S.) 
 505; 6 B. R. C. 552. 
 
 CHARITIES cont'd 
 
 What are charitable institutions within 
 rule exempting from liability for negli- 
 gence. 2 L.R.A. (N.S.) 556. 
 
 Liability of eleemosynary institution main- 
 tained by state or municipality for per- 
 sonal tort of agent or servant. 4 
 L.R.A. (N.S.) 269. 
 
 Applicability to charitable institutions of 
 Workmen's Compensation Acts. L.R.A. 
 1918F, 190. 
 
 CHARTERER. 
 
 Lien of charterer for advances. 
 416. 
 
 70 L.R.A. 
 
 CHARTER PARTY. 
 
 See SHIPPING, 17, 18. 
 
 CHARTERS. 
 
 Of club, see CLUBS. 
 
 Of corporation, see CORPORATION, 18, 19. 
 Of municipality, see MUNICIPAL CORPORA- 
 TIONS, 7. 
 
 CHASTISEMENT. 
 
 Homicide by, see HOMICIDE, 9. 
 
 CHASTITY. 
 
 Actionability of words reflecting on, see 
 LIBEL AND SLANDER, 12. 
 
 Presumptions and burden of proof as to 
 chastity where it is an ingredient of 
 the offense or a condition of convic- 
 tion. 43 L.R.A. (N.S.) 476. 
 
 Evidence of specific instances to prove char- 
 actor for. 14 L.R.A.(N.S.) 714; L.R.A. 
 1916B, 965. 
 
 Evidence of specific instances of un chastity 
 of alleged victim of sexual offense. 
 L.R.A.1916B, 965. 
 
 Right of accused to show unchastity of 
 prosecutrix in statutory rape. 48 
 L.R.A. (N.S.) 269. 
 
 Impeachment of character of prosecutrix 
 for chastity by proof of prior acts of 
 intercourse with defendant. 30 L.R.A. 
 (X.S.) 173. 
 
 Mental anguish as element of damage for 
 trespass on person of woman affect- 
 ing her character or reputation for 
 chastity. 33 L.R.A.(N.S.) 98. 
 
 CHATTEL.. 
 
 Mortgage of, see CHATTEL MORTGAGE. 
 In general, see PEBSONAL PROPERTY.
 
 INDEX TO L.R.A. NOTES. 
 
 183 
 
 CHATTEL. MORTGAGE. 
 
 I. In general, 1. 
 II. What constitutes, 2. 
 III. Execution and delivery, 3. 
 IV. Validity generally, 4-6. 
 
 V. Description of property, 7. 
 VI. Property covered, 8-12. 
 VII. Rights and remedies of creditors, 
 
 13-15. 
 VIII. Filing; recording; renewal, 
 
 16-22. 
 
 IX. Effect generally, 23, 24. 
 X. Rights of parties; priorities, 
 
 25-27. 
 XI. Sale or removal of mortgaged 
 
 chattels, 28. 
 XII. Assignment; discharge; loss or 
 
 waiver of lien, 29-31. 
 XIII. Enforcement, remedies, 32. 
 
 I. In general. 
 
 1. Generally. 
 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 32. 
 For purchase money, see PURCHASE MONEY, 
 
 8. 
 On vessel; jurisdiction of admiralty as to. 
 
 66 L.R.A. 200, 234. 
 Specific performance of contract to give. 
 
 6 L.R.A.(N.S.) 588. 
 How far proceeds of exempt property on 
 
 which chattel mortgage is given are 
 
 exempt. 19 L.R.A. 39. 
 Federal courts following state decisions as 
 
 to. 40 L.R.A. (N.S.) 416. 
 Accession to property which is the subject 
 
 of chattel mortgage. L.R.A.1916E, 256. 
 
 II. What constitutes. 
 
 2. Generally. 
 
 Mortgage as distinguished from pledge, see 
 PLEDGE AND COLLATERAL SECURITY, 2. 
 
 Parol evidence that written instrument 
 which on its face imports a complete 
 transfer was intended to operate as a 
 mortgage or pledge. L.R.A.1916B, 18. 
 
 Mortgage of land including profits, as a 
 chattel mortgage with respect to crops. 
 L.R.A.1917C, 51. 
 
 III. Execution and delivery. 
 
 3. Generally. 
 
 Validity of mortgage partially made on 
 Sunday and perfected on secular day. 
 4 L.R.A.(N.S.) 1151. 
 
 Effect of chattel mortgagee taking posses- 
 sion before any specific right or hen of 
 creditors has attached to cure original 
 defect in execution. 25 L.R.A. (N.S.) 
 
 no. 
 
 IV. Validity generally. 
 
 4. Generally. 
 
 Validity as against creditors, see infra, 
 
 13-15. 
 Consult also L.R.A. Digests of Cases. 
 
 CHATTEL MORTGAGE, IV. cont'd 
 Effect of failure to file on record, see infra, 
 
 17. 
 Effect of filing or recording, see infra, 21. 
 
 Validity of verbal chattel mortgage. 7 
 L,R.A.(N.S.) 418. 
 
 Validity of mortgage partially made on 
 Sunday and perfected on secular day. 
 4 L.R.A.(N.S.) 1151. 
 
 Voidability of chattel mortgage within four 
 months previous to bankruptcy given 
 pursuant to executory agreement ante- 
 dating such period. * 17 L.R.A. (N.S.) 
 937. 
 
 5. Partial invalidity. 
 
 May a chattel mortgage fraudulent as to 
 a portion of the property be up- 
 held as to the remainder. 13 
 L.R.A.(N.S.) 921. 
 
 6. Pre-existing debt as consideration 
 for. 
 
 As against other creditors or equities. 33 
 
 L.R.A. 305. 
 
 To give rights as a bona fide purchaser or 
 mortgagee. 19 L.R.A. 590. 
 
 V. Description of property. 
 
 7. Generally. 
 
 On sale or mortgage of future crops. 23 
 L.R.A. 458; L.R.A.1917C, 22. 
 
 Curing of insufficient or inaccurate descrip- 
 tion by chattel mortgagee taking pos- 
 session before any specific right or 
 lien of creditors has attached. 25 
 L.R.A.(N.S-) 117. 
 
 VI. Property covered. 
 
 8. Generally. 
 
 On buildings upon leased premises. 21 
 
 L.R.A. 347. 
 What articles are included in such general 
 
 terms as appurtenances, fixtures, and 
 
 the like, employed in chattel mortgage. 
 
 46 L.R.A.(N.S.) 206. 
 
 9. After-acquired or manufactured 
 property. 
 
 On after-acquired property, generally. 1 
 L.R.A.(N.S.) 451. 
 
 Effect of mortgagee taking possession before 
 any specific right or lien of creditors 
 has attached. 25 L.R.A. (N.S.) 117. 
 
 Voidability of mortgage on after-acquired 
 property given within four months of 
 bankruptcy pursuant to executory 
 agreement antedating such period. 17 
 L.R.A. (N.S.) 938. 
 
 Efficacy of mortgage on chattels to be man- 
 ufactured or acquired, as independ- 
 ent articles, and not as the in- 
 crease or fruits of existing proper- 
 ty. 18 L.R.A. 298. 
 
 Effect of attempt to cover after-acquired 
 property in mortgage of merchandise 
 with provision for mortgagor's posses- 
 sion with power of sale. 18 L.R.A. 
 606.
 
 184 
 
 INDEX TO L.R.A. NOTES. 
 
 CHATTEL MORTGAGE, VI. cont'd 
 10. Future earnings. 
 
 Kiit un- accounts or earnings. 14 L.R.A. 
 
 126. 
 Of future earnings of threshing outfit. 20 
 
 23 
 
 11. Future crops. 
 
 Mortgage of future and growing crops. 
 L.R.A.449; L.R.A.1917C, 8. 
 
 On crops to be grown on land on which 
 niort'M-'or has no present interest. 19 
 L.R.A. (N.S.) 910; L.R.A.1917C, 14. 
 
 12. Increase of animals. 
 
 li.'.-s chattel mortgage on domestic animals 
 cover their increase when not men- 
 tioned therein. 14 L.R.A. (N.S.) 431. 
 
 Title to increase of animals as between 
 mortgagee of dam and other claim- 
 ants. 17 L.R.A. 82. 
 
 Necessity that increase of animals be in 
 gestation at time of execution of mort- 
 gage in order to be covered thereby. 
 17 L.R.A.(N.S.) 203. 
 
 VII.- Rights and remedies of creditors. 
 
 13. Generally. 
 
 Effect of failure to record, see infra, 17. 
 
 Governing law of, as affected by fraud 
 against creditors. 11 L.R.A. (N.S.) 
 1007. 
 
 Pre-existing debt as consideration as 
 against other creditors. 33 L.R.A. 305. 
 
 May mortgage for an actual contempora- 
 neous loan be set aside as fraudulent 
 against creditors. 26 L.R.A. (N.S.) 
 1008. 
 
 Is chattel mortgage within scope of sales 
 in bulk law. 12 L.R.A.(N.S.) 178. 
 
 Garnishment of claim to surplus on chattel 
 mortgage. 59 L.R.A. 370. 
 
 Admissibility of declarations by mortgagor 
 made out of court as to his purpose 
 in making mortgage attacked as fraud- 
 ulent as against creditors. 41 L.R.A. 
 (N.S.) 1. 
 
 14. Permitting mortgagor to retain 
 possession generally. 
 
 l.a\v governing necessity of change of pos- 
 on. 64 L.R.A. 355, 361. 
 
 Necessity for change of possession to up- 
 hold sale under, as against creditors 
 of former owner. 36 L.R.A. (N.S.) 
 1018. 
 
 CHATTEL MORTGAGE, VII. cont'd 
 8 1 la. with power of sale. 
 
 KilVct of statutes making fraud a question 
 for the jury where mortgagor of mer- 
 chandise is left in possession with 
 power of sale. 18 L.R.A. 611. 
 Validity of a chattel mortgage of stock of 
 merchandise as affected by a pro- 
 vision or agreement giving the 
 mortgagor the possession, with 
 power of sale. 18 L.R.A. 604; 30 
 L.R.A. (N.S.) 1181. 
 
 15. Effect of mortgagee's taking pos- 
 session. 
 
 Effect of chattel mortgagee taking posses- 
 sion before any specific right or 
 lien of creditors has attached to 
 cure origina 7 defect in mortgage 
 as against creditors. 25 L.R.A. 
 (N.S.) 110. 
 
 VIII. Filing; recording; renewal. 
 
 16. Generally. 
 
 Extraterritorial force of record. 17 L.R.A. 
 127. 
 
 17. Necessity of. 
 
 Failure to record as fraud on other credit- 
 ors. 31 L.R.A. 638. 
 
 Necessity of recording mortgage of future 
 crops. 23 L.R.A. 463. 
 
 When local law deemed to require register- 
 ing or recording of a transfer within 
 60 a. of the Bankruptcy law. 5 
 L.R.A.(N.S.) 148; 18 L.R.A. (N.S.) 
 1233. 
 
 Effect of chattel mortgagee taking posses- 
 sion before any specific right or lien 
 of creditors has attached to cure fail- 
 ure to record. 25 L.R.A. (N.S.) 115. 
 
 Validity of statute or ordinance requiring 
 persons engaged in the business of loan- 
 ing money on chattel security or se- 
 curity of wages to file a record of loans 
 made. 25 L.R.A. (N.S.) 686. 
 
 18. Sufficiency. 
 
 Sufficiency of record notice of mortgage on 
 chattels to be manufactured or ac- 
 quired as independent articles and not 
 as the increase or fruits of existing 
 property. 18 L.R.A. 303. 
 
 19. Time. 
 
 Setting aside pledged or mortgaged prop- j First and last days in computing time for. 
 erty retained by pledgor or mortgagor j 49 L.R.A. 243. 
 
 on his own premises, or under his ' Chattel mortgage not filed before death of 
 own control, as a delivery or change mortgagor. L.R.A.1918A, 327. 
 
 of possession. 25 L.R.A. (N.S.) 525. 
 Retention of possession by mortgagor as 
 badge of fraud in case of mortgage of 
 future crops. L.R.A.1917C, 16. 
 
 20. Place. 
 
 Necessity of filing or recording in state 
 
 Benin tritJi thi* hnnh- on evert/ law question. 
 
 where property located. 64 L.R.A. 361.
 
 INDEX TO L.R.A. NOTES. 
 
 185 
 
 CHATTEL MORTGAGE, VIII. cont'd 
 Necessity of recording mortgage in state to 
 which property is subsequent!}' re- 
 moved. 64 L.R.A. 356; 6 L.R.A. (N.S.) 
 !)40; 35 L.R.A. (N.S.) 386; L.R.A.1917D, 
 942. 
 
 21. Effect. 
 
 Effect of recording mortgage of future 
 crops. 23 L.R.A. 463. 
 
 Effect of recording on validity of mortgage 
 of merchandise leaving mortgagor in 
 possession with power of sale. 38 
 L.R.A. 610. 
 
 Retroactive effect of filing chattel mort- 
 gages for record in regard to liens ac- 
 quired on the same property after the 
 execution of the mortgage. 33 L.R.A. 
 163. 
 
 Effect of recording, within four months' 
 period prescribed in bankruptcy act of 
 1898, mortgage given for a present loan 
 or future advances. 25 L.R.A. (N.S.) 
 144. 
 
 Recording mortgage as notice of rights of 
 mortgagee to agent selling or disposing 
 of property intrusted to him by his 
 principal. 50 L.R.A. (N.S.) 58. 
 
 Effect of filing chattel mortgage after giving 
 of subsequent mortgage, but before fil- 
 ing of the same. L.R.A.1916D, 244. 
 
 22. Renewal. 
 
 Failure to renew chattel mortgage as 
 affecting purchaser or encumbrancer of 
 property before lien of mortgage had 
 expired. 47 L.R.A. (N.S.) 668. 
 
 IX. Effect generally. 
 
 23. Generally. 
 
 Effect of mortgage of future crops. 23 
 L.R.A. 465. 
 
 Effect of, to create a maritime lien. 70 
 L.R.A. 417. 
 
 Effect of instrument in form of chattel 
 mortgage to create a lien on real es- 
 tate. 11 L.R.A. (N.S.) 869. 
 
 Assumption of individual debts of partner 
 by mortgage of partnership property. 
 29 L.R.A. 692. 
 
 Mortgage of receipts or property as indebt- 
 edness within meaning of debt limit 
 provision. 37 L.R.A.(N.S.) 1085; 
 L.R.A.1917E, 447. 
 
 Mortgaging property as a ground of at- 
 tachment. 30 L.R.A. 479. 
 
 Mortgaging chattel as waiver of purchaser's 
 right to return. 38 L.R.A. (N.S.) 1035. 
 
 Relief from mistake of law as to effect of. 
 28 L.R.A. (N.S.) 826. 
 
 24. Efficacy of mortgage on fixtures. 
 
 Generally. 15 L.R.A. 56. 
 
 As against mortgagor and persons consent- 
 ing to or recognizing them as valid. 
 15 L.R.A. 56. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CHATTEL MORTGAGE, IX. cont'd 
 
 As against landlord. 15 L.R.A. 56. 
 
 As against real-estate mortgage. 15 L.R.A. 
 57. 
 
 Effect of execution of chattel mortgage be- 
 fore annexation. 15 L.R.A. 57. 
 
 Effect of agreement that articles shall re- 
 main chattels. 15 L.R.A. 58. 
 
 Execution of mortgage as evidence of agree- 
 ment. 35 L.R.A. 59. 
 
 Effect of chattel mortgage as against sub- 
 sequent purchaser or encumbrancer. 35 
 L.R.A. 61. 
 
 Filing mortgage as constructive notice. 15 
 L.R.A. 61. 
 
 Prior New Hampshire decisions. 15 L.R.A. 
 03. 
 
 Right of seller of chattel who retains title 
 and takes mortgage for purchase price 
 as against purchaser of realty to which 
 it is affixed by owner. 49 L.R.A. (N.S.) 
 396. 
 
 X. Rights of parties; priorities. 
 
 25. Generally. 
 
 Rights of mortgagee of bailee to claim title 
 as against the bailor. 25 L.R.A. (N.S.) 
 782. 
 
 Rights of mortgagee of conditional vendee, 
 to assert title as against conditional 
 vendor. 25 L.R.A. (N.S.) 789. 
 
 Effect of death of mortgagor in possession 
 upon right of mortgagee under chattel 
 mortgage. 21 L.R.A. (N.S.) 182. 
 
 Forfeiture of rights of innocent mortgagee 
 in property used in violation of law. 
 L.R.A.1916E, 343. 
 
 Agreement between landlord and tenant for 
 removal of fixtures by latter as affect- 
 ing rights of mortgagee of fixtures. 
 L.R.A. 1915E, 828. 
 
 Effect of unlawful seizure of property by 
 mortgagee assuming to act under mort- 
 gage. L.R.A.1915E, 193. 
 
 Right of mortgagee of ship to take posses- 
 sion. 4 B. R. C. 529. 
 
 Right of mortgagee of ship as to freight. 
 4 B. R. C. 538. 
 
 26. Effect of "danger," "safety," or 
 "insecurity" clause. 
 
 Generally. 17 L.R.A. 209; 23 L.R.A. 780; 
 
 19 L.R.A. (N.S.) 915. 
 Right to interfere with third persons. 23 
 
 L.R.A. 780. 
 
 Effect of taking possession. 23 L.R.A. 781. 
 How far right is without control. 23 L.R.A. 
 
 781. 
 
 The effect of malice. 23 L.R.A. 783. 
 Facts which justify taking possession. 23 
 
 L.R.A. 783. 
 
 Selling. 23 L.R.A. 784. 
 Construction of different provisions and 
 
 circumstances. 23 L.R.A. 784. 
 Other rights conferred. 23 L.R.A. 784. 
 Acceleration provision as affecting negotia- 
 bility of notes. 35 L.R.A. (N.S.) 390; 
 
 L.R.A.1915B, 473.
 
 INDEX TO L.R.A. NOTES. 
 
 CHATTEL MORTGAGE, X. cont'd 
 
 27. Priorities. 
 
 I'riority of mortgages on buildings upon 
 1, ;isi>d premises. 21 L.R.A. 348. 
 
 Priority between mortgage of land includ- 
 ing profits and subsequent chattel mort- 
 gage on crops. L.R.A. 1917C, 51. 
 
 Priority as between agister's lien and chat- 
 t.f mortgage. 17 L.R.A. 792; 12 L.R.A. 
 I N.S.) :510. 
 
 Right of seller of chattel retaining title 
 thereto or a lien thereon as against 
 existing mortgagees of the realty 
 to which it is affixed by the owner. 
 37 L.R.A.(N.S.) 119. 
 
 Rights of seller of fixtures, retaining title 
 thereto or a lien thereon, as against 
 purchasers or encumbrancers of the 
 realty. 1 B. R. C. 664. 
 
 Priority as between a chattel mortgagee 
 who surrenders mortgage and accepts 
 new form of security on same property, 
 and an intervening lienor. 26 L.R.A. 
 (N.S.) 496. 
 
 Retroactive effect of filing chattel mortgage 
 for record in regard to liens acquired 
 on same property after execution of the 
 mortgage. 33 L.R.A. 163. 
 
 Priority of right of mortgagee of ship as 
 to freight. 4 B. R. C. 545. 
 
 Effect of filing chattel mortgage after giv- 
 ing subsequent mortgage but before 
 tiling of the same. L.R.A.1916D, 244. 
 
 Priority as between lien of chattel mortgage 
 and claim of one taking animals dam- 
 age feasant. L.R.A.1916E, 528. 
 
 Priority of lien for services on personal 
 property over prior chattel mortgage. 
 L.R.A.1915D, 1149. 
 
 XI. Sale or removal of mortgaged 
 chattels. 
 
 28. Generally. 
 
 Validity of sale of mortgaged property in 
 violation of law. 12 L.R.A.(N.S.) 599. 
 
 Personal liability of purchaser of property 
 subject to mortgage. 59 L.R.A. 737. 
 
 Injunction against execution sale of mort- 
 gaged chattels. 30 L.R.A. 125. 
 
 Necessity of refiling or re-recording in state 
 to which property removed after execu- 
 tion of mortgage. 64 L.R.A. 356; 6 
 L.R.A.(N.S.) 940; 35 L.R.A.(N.S.) 
 386; L.RiA.1917D, 942. 
 
 Mortgagee's consent to the removal of 
 mortgaged property from state as af- 
 fecting his lien. 6 L.R.A.(N.S.) 940; 
 L.R.A.1917D, 942. 
 
 Failure to renew chattel mortgage as affect- 
 ing purchaser of property before lien 
 
 (II ATT EL MORTGAGE, XL cont'd 
 
 ''onsent to sale of property by mortgagor 
 after the mortgage is given as waiver 
 of lien. 43 L.K.A.(N.S.) 302. 
 
 Waiver of lien by accepting proceeds of sale 
 of property. L.H.A.1917A, 1262. 
 
 Right of lienor to proceeds where property 
 is sold with his consent under agree- 
 ment that proceeds shall be applied 
 toward payment of debt. L.R.A. 1915C, 
 166. 
 
 XII. 
 
 Assignment; discharge; loss or 
 waiver of lien. 
 
 of mortgage had expired. 
 (N.S.) 668. 
 
 47 L.R.A. 
 
 Sale of mortgaged chattels by, or with con- 
 sent of, mortgagee, and application of 
 proceeds to payment of mortgage, as 
 a foreclosure cutting off intervening 
 liens. 45 L.R.A.fN.S.) 1137. 
 
 Begin with this book on every law question. 
 
 29. Assignment. 
 
 Rights of assignee as against subsequent 
 bona fide purchaser or encumbrancer 
 relying on apparent discharge by mort- 
 gagee. 15 L.R.A. (N.S.) 1025. 
 
 Effect of assignment of mortgage by or 
 with consent of mortgagor to third per- 
 son after payment of debt originally 
 secured. 27 L.R.A. (N.S.) 111. 
 
 30. Discharge, loss, or waiver. 
 
 By sale or removal of property, see supra, 
 28. 
 
 Renewal of notes as discharge of chattel 
 mortgage. 35 L.R.A. (N.S.) 89. 
 
 Rights of assignee as against subsequent 
 bona fide purchaser or encumbrancer 
 relying on apparent discharge of mort- 
 gage by mortgagee. 15 L.R.A. (N.S.) 
 1025. 
 
 Who may make a tender which will dis- 
 charge the lien of a mortgage. L.R.A. 
 1918C, 186. 
 
 Waiver of lien of, by attachment or execu- 
 tion. 50 L.R.A. 714; 24 L.R.A. (N.S.) 
 490; 51 L.R.A. (N.S.) 1068. 
 
 31. effect of unaccepted tender. 
 
 Generally. 33 L.R.A. 235. 
 
 Before and at maturity. 33 L.R.A. 235. 
 
 After maturity. 33 L.R.A. 235; 15 L.R.A. 
 
 (N.S.) 1165. 
 
 By whom made. 33 L.R.A. 236. 
 Sufficiency. 33 L.R.A. 236. 
 Equivalent of tender. 33 L.R.A. 237. 
 Remedy of the mortgagor. 33 L.R.A. 237. 
 
 XIII. Enforcement; remedies. 
 
 32. Generally. 
 
 Amount in dispute in case of injunction to 
 restrain enforcement of, against specific 
 property. 61 L.R.A. 785. 
 
 Attempt to enforce lien under clause in a 
 lease giving landlord a lien on crops 
 and chattels as election preventing its 
 enforcement as a chattel mortgage. 20 
 L.R.A.(N.S.) 259. 
 
 Chattel mortgagee as real party in interest 
 by whom action relating to property 
 must be brought. 64 L.R.A. 618. 
 
 Insisting on cash sale under a chattel mort- 
 gage. 40 L.R.A.(N.S.) 627. 
 
 Foreclosure of chattel mortgage when prop- 
 
 erty is out of state. 
 627. 
 
 39 L.R.A. (N.S.)
 
 INDEX TO L.R.A. NOTES. 
 
 187 
 
 CHATTEL MORTGAGE, XIIL cont'd 
 
 Sale of mortgaged chattels by or with con- 
 sent of, mortgagor, and application of 
 proceeds to payment of mortgage, as a 
 foreclosure cutting off intervening liens. 
 45 L.R.A. (N.S.) 3137. . 
 
 Liability for use of leased premises, of 
 chattel mortgagee seizing tenant's 
 goods or chattels. 43 L.R.A. (N.S.) 
 527. 
 
 May a power of sale be implied where a 
 mortgage gives no express power. 3 
 B. R. C. 921. 
 
 CHATTELS. 
 
 Mortgage on, see CHATTEL MORTGAGE. 
 In general, see PERSONAL PROPERTY. 
 
 Conveyance of chattels held adversely. 
 L*R.A.1916E, 72. 
 
 CHAUFFEUR. 
 
 See AUTOMOBILES. 
 
 CHEATING. 
 
 Illegal intent of prosecutor as affecting 
 guilt of obtaining property by. 17 
 L.R.A. (N.S.) 276. 
 
 Cruel and unusual punishment of. 35 
 L.R.A. 571. 
 
 CHECK ROOM. 
 
 Liabilitv of carrier for loss of property in. 
 
 18 L.R.A. (N.S.) 295; 29 L.R.A. (N.S.) 
 
 834. 
 Liability of innkeeper for loss of goods from. 
 
 L.R.A.1918C, 674. 
 
 CHECKS. 
 
 1. Generally. 
 
 Duty and liability of bank with respect to, 
 
 see BANKS, 22-26, 31-35. 
 Collection of, by banks, see BANKS, 31- 
 
 35. 
 
 As to bills and notes, see BILLS AND NOTES. 
 Gift by, see GIFT, 4. 
 Sufficiency of tender of, see TENDER, 5. 
 As to traveler's checks, see TRAVELER'S 
 
 CHECKS. 
 
 As subject of gift by maker. 27 L.R.A. 
 (N.S.y 308. 
 
 Banking customs as to. 21 L.R.A. 443. 
 
 Tender by. 36 L.R.A. (N.S.) 232. 
 
 Discrepancy between words and figures in 
 the body of a check describing the 
 amount thereof. L.R.A.1918C, 331. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CHECKS cont'd 
 
 Right of holder of check to maintain action 
 thereon against bank. L.R.A.1916C. 
 165. 
 
 Effect of death of drawer of check as a 
 revocation thereof. 43 L.R.A. (N.S.) 
 109; L.R.A.1916A, 717. 
 
 Power of president of corporation as to 
 drawing. 14 L.R.A. 357. 
 
 Right of payee of check to sue drawer 
 thereon instead of on original consid- 
 eration. 21 L.R.A. (N.S.) 704. 
 
 Risk of giving second check, upon alleged 
 loss of first. 29 L.R.A.(N.S.-) 623. 
 
 Right of holder of draft or check as against 
 receiver of drawer, as affected by provi- 
 sion of negotiable instrument law, that 
 check shall not operate as assignment. 
 2 L.R.A.(N.S.) 83. 
 
 Rights and duty of one receiving check 
 payable to his own order from hands 
 of one not a party thereto. 31 L.R.A. 
 (N.S.) 613. 
 
 Obtaining check by false pretenses. L.R.A. 
 1916E, 1106. 
 
 Mere drawing of check on bank in which 
 drawer has no funds or credit, and 
 passing same, as false pretense. 17 
 L.R.A.(N.S.) 244; 27 L.R.A. (N.S.) 
 1032; 52 L.R.A. (N.S.) 919. 
 
 Giving post-dated check as & false pretense. 
 41 L.R.A.(N.S.) 173. 
 
 Check as subject of larceny or embezzle- 
 ment. 42 L.R.A. (N.S.) 498. 
 
 Personal liability of one who signs check 
 by adding words indicating represen- 
 tative capacity to his signature. 42 
 L.R.A. (N.S.) 26, 32,43. 
 
 Exemption from state taxation of checks 
 given for interest on obligations of 
 Federal government. 5 L.R.A. (N.S.) 
 608. 
 
 Limitation of actions on. 22 L.R.A. 110. 
 
 2. What are. 
 
 Drafts on bank as. 23 L.R.A. 173. 
 
 3. Payable to imposter or fictitious 
 person. 
 
 Bills and notes payable to, see BILLS AND 
 NOTES, 13, 14. 
 
 Who must bear loss when check is issued 
 to impostor. 50 L.R.A. 75; 17 L.R.A. 
 (N.S.) 514; 38 L.R.A.(N.S.) 1111. 
 
 Fictitious payee as affecting validity of. 
 39 L.R.A. 427. 
 
 4. Negotiability. 
 
 Of bill or note, see BILLS AND NOTES, 19- 
 23. 
 
 Definitions. 26 L.R.A. 568. 
 
 Date of check. 26 L.R.A. 568. 
 
 Notice. 26 L.R.A. 569. 
 
 Payee. 26 L.R.A. 570. 
 
 Proof. 26 L.R.A. 571. 
 
 Lost or stolen checks. 26 L.R.A. 571. 
 
 Statutes. 26 L.R.A. 571. 
 
 Payable in money. 26 L.R.A. 571. 
 
 Possession. 26 L.R.A. 571. 
 
 5. Effect of. 
 
 As accord and satisfaction. 20 L.R.A. 791.
 
 1 86 
 
 INDEX TO L.R.A. NOTES. 
 
 CHECKS cont'd 
 
 As an asxiirnment of funds drawn upon. 2 
 I..II. \.'f\.S.) 83. 
 
 \\ hen limy check be admitted to probate 
 or otherwise be given effect as a will? 
 41 L.R.A.(N.S.) 43. 
 
 ( lurk as affecting garnishment of deposit. 
 43 L.R.A. (N.S.) 100. 
 
 Effect of giving check for an indebtedness 
 or part thereof, to toll statute of limi- 
 tations upon the original indebtedness. 
 18 L.R.A. (N.S.) 223. 
 
 Effect of acceptance of check for part of a 
 liquidated and undisputed debt as a 
 consideration for the discharge of the 
 whole. L.R.A.1917A, 722. 
 
 6. Indorsement; transfer. 
 
 Of bills and notes, see BILLS AND NOTES, 
 26-42. 
 
 Gift of check. 18 L.R.A. 855. 
 
 Indorsement "for deposit." 23 L.R.A. 164. i 
 
 Power of agent to indorse. 27 L.R.A. 401. 
 
 Indorsement of check by agent in a man- 
 ner not contemplated by his restricted 
 authority. L.R.A.1918B, 576. 
 
 Effect of transfer without indorsement of 
 worthless check or note of third per- 
 son. 10 L.R.A.(N.S.) 510. 
 
 Remedy of payee of a check against one 
 who has taken it on indorsement of un- 
 authorized agent. 13 L.R.A. (N.S.) 
 211. 
 
 Effect of transfer, on time allowed for pre- 
 sentment. 10 L.R.A. (N.S.) 1153. 
 
 May indorser of lost check maintain an ac- 
 tion thereon. 24 L.R.A. (N.S.) 645. 
 
 Bona fides of purchaser of check as affected 
 by his knowledge that there are no 
 funds to meet it. 39 L.R.A. (N.S.) 
 1207. 
 
 Release of indorser by delay in presenting 
 check. 22 L.R.A* 785. 
 
 Certification of check as release of drawer 
 or indorser. 9 L.R.A.(N.S.) 698; 29 
 L.R.A. (N.S.) 205. 
 
 Defense against check transferred after ma- 
 turity. 46 L.R.A. 808. 
 
 Who must bear loss when check is indorsed 
 to impostor. 50 L.R.A. 75; 17 L.R.A. 
 (N.S.) 514; 38 L.R.A. (N.S.) 1111. 
 
 Who must bear loss where check is pur- 
 chased upon the spurious indorsement 
 of one who bears the same name as 
 payee or indorsee. 34 L.R.A.(N.S.) 
 1101. 
 
 Effect of exchange of check to constitute 
 one a holder in due course for value. 
 17 L.R.A.(N.S.) 747. 
 
 Right of bank to set off unmatured claim 
 against deposit as against bona fide 
 holder of check. 27 L.R.A. (N.S.) 814. 
 
 Effect of negotiation prior to day of date 
 to put purchaser on inquiry. 44 L.R.A 
 (N.S.) 405; L.R.A.1918F, 1155. 
 
 7. Certification. 
 
 Parol certification. 7 L.R.A. 428. 
 Effect of certification of postdated check 
 L.R.A.1917F, 10fl9. 
 
 irith //>s hook on rrei-if Jnir 
 
 CHECKS cont'd 
 
 Certification of chock as release of drawer 
 or indorser. 16 L.R.A. 510; 9 L.R.A. 
 (N.S.) 698; 29 L.R.A. (N.S.) 205. 
 
 Certifying check as payment of debt for 
 which given. 35 L.R.A. (N.S.) 35. 
 
 Effect of transfer without indorsement of 
 worthless certified check of third per- 
 son. 10 L.R.A. (N.S.) 536. 
 
 Right of drawer to stop payment of certified 
 check. 20 L.R.A. (N.S.I 290. 
 
 Limitation of actions on certified check. 22 
 L.R.A. 111. 
 
 Right of holder of certified check to main- 
 tain action thereon against bank. 
 L.R.A.1916C, 171. 
 
 Right of bank in respect to certified check 
 or draft fraudulently altered. 4 B. 
 R. C. 588. 
 
 Duty of owner of certified check as to giv- 
 ing notice of forgery independently of 
 examination of vouchers. L.R.A.1916E, 
 909. 
 
 Right of drawee of forged check which ha.- 
 been certified to recover money paid 
 thereon. 10 L.R.A.(N.S.) 69. 
 
 8. Payment. 
 
 Stopping payment, see BANKS, 25a. 
 Dishonor of check, see BANKS, 26. 
 Collection of, see BANKS, 31-35. 
 Of bill or note, see BILLS AND NOTES, s^ 
 
 58-60. 
 Payment by check, see PAYMENT, 11. 
 
 Powers of president of corporation as to. 
 14 L.R.A. 357. 
 
 Accepting something besides money as pay- 
 ment. 25 L.R.A. 200. 
 
 Liability of one to whom an insolvent bank 
 has paid a check. 13 L.R.A. (N.S.) 
 185; 50 L.R.A.(N.S.) 239. 
 
 Effect of direction on check to pay same 
 through specified agency. 30 L.R.A. 
 (N.S.) 697. 
 
 Who must bear loss where check is paid on 
 spurious indorsement of one bearing 
 same name as payee or indoree. 34 
 L.R.A. (N.S.) 1101.' 
 
 9. Presentment. 
 
 Of bill or note, see BILLS AND NOTES, 43- 
 53. 
 
 10. necessity. 
 
 Of bill or note, see BILLS AND NOTES, 44. 
 
 Necessity of actual presentation of commer- 
 cial paper to effect its dishonor. 13 
 L.R.A.(N.S.) 303. 
 
 Effect of loss of check upon right of holder 
 to recover against maker without pre- 
 sentment. 14 L.R.A. (N.S.) 616. 
 
 11. time; delay and its effect. 
 
 Of bill or note, see BILLS AND NOTES, 52, 
 53. 
 
 Effect of transfer on time allowed for. 10 
 
 L.R.A. (N.S.) 1153. 
 
 Release of indorser of check by delay in 
 presenting it. 22 L.R.A. 785.
 
 INDEX TO L.R.A. NOTES. 
 
 189 
 
 CHECKS cont'd 
 
 Effect on drawer's liability of delay in pre- 
 senting check where drawee re- 
 mains solvent. 53 L.R.A. 432; 38 
 L.R.A. (N.S.) 255. 
 
 Time of closing or departure as affecting 
 time allowed for- mailing check or no- 
 tice of dishonor. 4 L.R.A. (N,S.) 132. 
 
 12. F&i-ged paper. 
 
 Rights and liabilities of bank and depositor, 
 
 see BANKS, 24. 
 Recovery back of money paid on forged 
 
 check, see BANKS, 29. 
 Forgery of bill or note, see BILLS AND 
 
 NOTES, 16. 
 Forgery of as a crime, see FORGERY. 
 
 Liability of person whose name is forged 
 to. 36 L.R.A. 539. 
 
 Right of bank in respect to certified check 
 or draft fraudulently altered. 4 B. R. 
 C. 588. 
 
 Duty of owner of certified check as to giving 
 notice of forgery independently of ex- 
 amination of vouchers. L.R.A. 19J6E, 
 909. 
 
 CHECK STUBS. 
 
 Admissibilitv of memoranda on. 
 (N.S.) "727. 
 
 42 L.R.A. 
 
 CHEMICALS. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 Liability for injury to employee from ex- 
 plosion of. L.R.A.1918B, 863. 
 
 CHEST. 
 
 What passes under bequest of contents of. 
 L.R.A.1915C, 658, 661. 
 
 CHILDREN. 
 
 Limitations to, under rule in Shelley's Case, 
 
 . see DEEDS, 30; WILLS, 82. 
 In general, see INFANTS; PARENT AND 
 CHILD. 
 
 Does term "child" or "children" in statute 
 governing distribution of decedent's es- 
 tate include adopted children. 30 
 L.R.A. (N.S.) 914; L.R.A.19J8F, 1082. 
 
 Right of children or representative of de- 
 ceased child to share in proceeds of. 
 policv of life insurance payable to 
 "child." 41 L.R.A. (N.S.) 250. 
 
 Extrinsic evidence to establish identity of 
 children named as legatees or devisees 
 in will. 47 L.R.A. (N.S.) 532. 
 
 Right of adult child to maintain action for 
 death of parent where statute gives 
 right of action to "children." L.U.A. 
 1916E, 177. 
 
 CHILLING BIDDING. 
 
 At judicial sale. 42 L.R.A. (N.S.) H98. 
 
 CHIMNEYS. 
 
 Liability for fire set by sparks from chim- 
 ney. 32. L.R.A.(N.S.) 1003. 
 
 Liability of landlord to third persons for 
 fall of. 26 L.R.A. 200. 
 
 Landlord's liability for injuries from de- 
 fective condition of. 4 L.R.A. (N.S.) 
 3142. 
 
 Liability of landlord to third person for 
 smoking chimney. 26 L.R.A. 201. 
 
 CHINA. 
 
 Jurisdiction and powers of consul in China 
 in civil cases. 45 L.R.A. 486. 
 
 CHICKENS. 
 
 Duty of railroad as to chickens upon tracks. 
 
 47 L.R.A. (N.S.) 1125. 
 Injunction to prevent trespass of. 48 
 
 L.R.A. (N.S.) 179. 
 
 CHIEF OF POLICE. 
 
 Voluntariness of confession to. 18 L.R.A. 
 (N.S.) 849. 
 
 CHILD LABOR. 
 
 See MASTER AND SERVANT. 12, 50, 51, 
 
 55, 76-78, 122, 324. 
 Consult also L.R.A. DificslK of Cases. 
 
 CHINESE. 
 
 Statute creating prima facie rule of evi- 
 dence in deportation cases. L.R.A. 
 191 5C, 736. 
 
 Right of a Chinese person to bail in depor- 
 tation proceedings. 31 L.R.A. (N.S.) 
 1088. 
 
 Constitutionality of discrimination based 
 on race or color in police regulations 
 affecting morality. 34 L.R.A. (N.S.) 
 604. 
 
 Validity and enforceability of contract or 
 covenant in relation to real property 
 which discriminates against persons be- 
 cause of race, color, or religion. L.R.A. 
 1916B, 1208. 
 
 How far use of mails by Chinese physician 
 is fraudulent. 70 L.R.A. 989.
 
 190 
 
 INDEX TO L.R.A. NOTES. 
 
 CHIROPODISTS. 
 
 Application to, of statutes regulating prac- 
 tice of medicine. L.R.A.1917C, 827. 
 
 CHIROPRACTIC. 
 
 Application of statutes regulating the prac- 
 tice of medicine to treatment known 
 as. 33 L.R.A.(N.S.) 179; L.R.A.1917C, 
 823. 
 
 CHISELS. 
 
 Master's liability for injury by defect in. 
 13 L.RJMN.S.) 676; 51 L.R.A.(N.S.) 
 338; L.R.A.1918D, 1141. 
 
 CHLOROFORM. 
 
 Use of, as affecting responsibility and capac- 
 ity. 39 L.R.A. 262. 
 
 CHOICE. 
 
 Between different kinds of action, see ELEC- 
 TION OF REMEDIES, 2-12. 
 
 CHOLERA. 
 
 Liability of carrier for loss of live stock 
 by cholera contracted during transit. 
 26 L.R.A.(N.S.) 712. 
 
 CHOSE IN ACTION. 
 
 Assignment of, see ASSIGNMENT. 
 
 Specific performance of contract as to. 
 
 L.R.A.1918E, 628. 
 Attachment of, in hands of assignee for 
 
 creditors. 26 L.R.A. 593. 
 Equitable remedy to subject to judgment 
 
 after return of no property found. 63 
 
 L.R.A. 673; 15 L.R.A. (N.S.) 976. 
 Voluntary release of debt as fraud upon 
 
 creditors of releasor. L.R.A.1918A, 404. 
 
 CHRISTIAN NAME. 
 
 See NAME. 
 
 CHRISTIAN SCIENCE. 
 
 Applicability of statute regulating prac- 
 tice of medicine. 3 L.R.A. (N.S.) 763; 
 24 L.R.A.(N.S.) 103: 25 L.R.A. (N.S.) 
 1297; L.R.A.1917C, 827. 
 
 CHRISTIAN SCIENCEcont'd 
 
 Effect of failure to provide medical attend- 
 ance because of belief in, to render 
 one guilty of manslaughter. 6 L.R.A. 
 (N.S.) 685; 45 L.R.A.(N.S.) 559. 
 
 CHURCHES. 
 
 Charitable bequest for, see CHARITIES. 
 Sale of liquor within prohibited distance 
 
 of, see INTOXICATING LIQUORS, 27. 
 See also RELIGIOUS SOCIETIES. 
 
 Mandatory injunction to require opening of 
 
 church. 20 L.R.A. 167. 
 Power of state or municipality to forbid 
 
 location of places of amusement near. 
 
 L.R.A.1916D, 99. 
 
 CHURCH PARSONAGE. 
 
 See PARISH HOUSE. 
 
 4 
 
 CHURCH WARDEN. 
 
 Injunctive relief affecting. 3 L.R.A.(N.S.) 
 861. 
 
 CIDER. 
 
 As intoxicating liquor. 20 L.R.A. 648. 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 306. 
 
 CIGARETTES. 
 
 As articles of commerce. 48 L.R.A. 230. 
 
 Prohibition or regulation of the manufac- 
 ture, sale, or importation of. 51 L.R.A. 
 (N.S.) 562; L.R.A.1918B, 988. 
 
 Right of state to confiscate cigarettes im- 
 ported for personal use. 4 L.R.A. 
 (N.S.) 528. 
 
 CIGAR MAKERS' UNION. 
 
 Protection of trade union labels or trade- 
 marks. 29 L.R.A. 200. 
 
 CIGARS. 
 
 Misrepresentation as to, as affecting valid- 
 ity of trademark. 19 L.R.A. 55. 
 Law prohibiting manufacture of, upon cer- 
 
 iritJt this boofr on every law question. 
 
 tain premises. 44 L.R.A. (N.S.) 46.
 
 INDEX TO L.R.A. NOTES. 
 
 191 
 
 CINDERS. 
 
 Liability of railroad company for personal 
 
 injury to person struck by. 18 L.R.A. 
 
 (N.S.) 241; 31 L.R.A.(N.S.) 983. 
 Liability of elevated railway company for 
 
 personal injury by falling cinders to 
 
 person on surface of street. 42 L.R.A. 
 
 (N.S.) 92. 
 Right to compensation for consequential 
 
 damages to property from. . 17 L.R.A. 
 
 (N.S.) 1054. 
 
 CINEMATOGRAPH. 
 
 See MOVING PICTURES. 
 
 CIPHER MESSAGES. 
 
 Duty of telegraph company with respect to. 
 '41 L.R.A. (N.S.) 1196; 43 L.R.A. (N.S.) 
 
 502. 
 
 CIRCUIT COURTS. 
 
 Jurisdiction of civil actions against con- 
 suls. 45 L.R.A. 581. 
 
 CIRCUIT COURTS OF APPEALS. 
 
 Review of decision of, by Supreme Court on 
 certiorari. 50 L.R.A. 801. 
 
 CIRCULARS. 
 
 Admissibility of, as proof of partnership. 
 
 20 L.R.A. 598. 
 Publication by, of matters derogatory to 
 
 parties to litigation as contempt of 
 
 court. 2 B. R. C. 498. 
 
 CIRCULATING NOTES. 
 
 Effect of transfer without indorsement of 
 worthless circulating note to third per- 
 son. ]0 L.R.A. (N.S.) 526. 
 
 Validity of contract as to, which violates 
 statute. 12 L.R.A. (N.S.) 610. 
 
 CIRCUMSTANTIAL EVIDENCE. 
 
 Admissibility of, see EVIDENCE, 271. 
 Weight of, see EVIDENCE, 293, 319. 
 
 Of guilt of burglary by one in possession 
 of recently stolen property. 12 L.R.A. 
 (N.S.) 220. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CIRCUMSTANTIAL EVIDENCE cont'd 
 
 Character and reputation of deceased as 
 affecting homicide in cases depending 
 on. 3 L.R.A. (N.S.) 362. 
 
 CIRCUS. 
 
 Liability of proprietor for injury to patron. 
 1 L.R.A.(N.S.) 427; 32 L.R.A.(N.S.) 
 713. 
 
 Contract exempting railroad company from 
 liability for negligent injury to em- 
 ployee of circus company. 11 L.R.A. 
 (N.S.) 432; 50 L.R.A. (N.S.) 433; 
 L.R.A.1917D, 650. 
 
 CITATION. 
 
 On appeal or writ of error to or from Fed- 
 eral Supreme Court. 66 L.R.A. 843. 
 
 CITIZENS. 
 
 Corporations as, see CORPORATIONS, 10. 
 See also CITIZENSHIP; TAXPAYERS. 
 
 Privilege of comment upon conduct of citi- 
 zen deemed to be acting in opposition 
 to public welfare. L.R.A.1917E, 516. 
 
 Internment of naturalized citizens. 7 B. R. 
 C. 772. 
 
 CITIZENSHIP. 
 
 1. Generally. 
 
 Jurisdiction as affected by, see COURTS, 
 19-26. 
 
 Presumptions and burden of proof as to, see 
 EVIDENCE, 23. 
 
 Removal of cause to Federal Court on 
 ground of diverse citizenship, see RE- 
 MOVAL OF CAUSES, 7-9. 
 
 See also DOMICIL AND RESIDENCE. 
 
 Libel by charging that officer or candidate 
 for office is not a citizen. L.R.A.1918E, 
 27. 
 
 As affecting governing law in action for 
 death or bodily injury. 56 L.R.A. 218 
 
 As a qualification of grand juror. 28 
 L.R.A. 196. 
 
 Question relating to citizenship as Federal 
 question. 62 L.R.A. 537. 
 
 Presumption of, from residence. 8 L.R.A. 
 (N.S.) 1245. 
 
 Constitutionality of requirement that hold- 
 er of liquor license must be resident of 
 state. ]6 L.R.A. (N.S.) 1033. 
 
 Who may raise objection that statute con- 
 tains an unconstitutional discrimina- 
 tion based on citizenship. 32 L.R.A. 
 (N.S.) 958. 
 
 2. Who are citizens. 
 
 Of corporation, see CORPORATIONS, 10. 
 For purpose of jurisdiction of Federal 
 Court, see COURTS, 42, 43. 
 
 Effect of marriage on woman's status as an 
 alien. L.R.A.1916D, 132.
 
 INDKX TO L.R.A. NOTES. 
 
 CITIZENSHIP cont'd 
 
 Status of person who has devested himself 
 
 of national character without acquiring 
 
 a new one. 7 B. R. C. 887. 
 
 3. Rights of citizens. 
 
 Right of citizen to locate mining claim. 7 
 
 I..K. A. i N.S.) 812. 
 
 CITY. 
 
 See MUNICIPAL CORPORATIONS. 
 
 CITY COMPTROLLER. 
 
 Character and extent of relief by manda- 
 mus against. 7 L.R.A. (N.S.) 525. 
 
 CITY HALL. 
 
 Power of municipality to construct for pur- 
 poses other* than use by public officers. 
 26 L.R.A. (N.S.) 425. 
 
 Liability for municipality for torts in con- 
 nection with. 25 L'.R.A.(N.S.) 91. 
 
 CIVIL ACTION. 
 
 Arrest in, see ARREST, 9. 
 In general, sec ACTION OR SUIT. 
 
 CIVIL DAMAGE ACT. 
 
 See INTOXICATING LIQUORS, 41. 
 
 CIVIL DEATH. 
 
 1. By conviction of crime. 
 
 Law as to, in United States. 18 L.R.A. 82. 
 
 Effect of civil death of debtor after judg- 
 ment upon the remedy by execution. 
 01 L.R.A. 386. 
 
 Effect of civil death on gift conditioned up- 
 on contingency of death of devisee or 
 legatee without child or issue. 25 
 L.R.A.(N.S.) 1045. 
 
 Effect of civil death on contingency of death 
 of legatee or devisee without child or 
 issue on which a gift is conditioned. 
 25 L.R.A.(N.S.) 1172. 
 
 At what time does suspension of civil or 
 political rights of one under sentence 
 commence. 17 L.R.A. (N.S.) 502. 
 
 Effect of conviction and sentence upon mar- 
 riage relation. 31 L.R.A. 515. 
 
 Effect of suspension of sentence upon ri^ht 
 to vote. 18 L.R.A. (N.S.) 684. 
 
 Restoration of right to vote by service of 
 sentence upon conviction for crime. 3 9 
 L.R.A.(N.S.) 418. 
 
 Capacity of convict to contract. - 52 L.R.A 
 (N.S.) 320. 
 
 CIVIL DEATH cont'd 
 
 2. By dissolution of corporation. 
 
 Dissolution of corporation as affecting lia- 
 bility for running contract for services. 
 69 L.R.A. 137. 
 
 CIVIL ENGINEER. 
 
 Authority of, to contract for services of oth- 
 er persons. L.R.A.1918F, 71, 73, 77. 
 
 CIVIL POWER. 
 
 Discretion and authority of military when 
 called to aid. 65 L.R.A. 198. 
 
 Begin with this book on every laic question. 
 
 CIVIL RIGHTS. 
 
 1. Generally. 
 
 As to passengers, see CARRIERS, 43. 
 Civil death of convict, see CIVIL DEATH. 
 In schools, see SCHOOLS, 7. 
 Civil death of convict, see CIVIL DEATU. 
 
 Right of negroes to equal privileges, im- 
 munity, and protection. 14 L.R.A. 
 579. 
 
 Constitutionality of discrimination based 
 on race or color in police regulations 
 affecting morality. 34 L.R.A. (N.S.) 
 604. 
 
 At what time does suspension of*civil rights 
 of one under sentence commence. 17 
 L.R.A.(N.S.) 502. 
 
 Who is a negro, mulatto, or person of color 
 within statutes not specifically defining 
 same. 31 L.R.A. (X.S.) 180; L.R.A. 
 1915A, 828. 
 
 Forbidding burial of negroes in cemetery 
 controlled by white persons. 7 L.R.A. 
 (N.S.) 155;*L.R.A.1917B, 948. 
 
 Right of educational, charitable, or reli- 
 gious institution to exclude person on 
 account of race or color. 24 L.'J.A. 
 (N.S.) 447. 
 
 Question relating to, as a Federal question. 
 02 L.R.A. 538. 
 
 Removal of cause to Federal court because 
 of discrimination against negroes. 53 
 L.R.A. 574. 
 
 Who may raise objection that statute con- 
 tains unconstitutional discrimination 
 based on race. 32 L.R.A. (N.S.) 960. 
 
 Validity of segregation statute or ordinance 
 prohibiting persons of different race or 
 color from living in same locality. 47 
 L.R.A.(N.S.) 1087; L.R.A.1915D; 684; 
 L.R.A.1918C, 220. 
 
 Right of innkeeper to refuse to accept one 
 as a guest on account of race or color. 
 52 L.R.A.(N.S.) 744, 745. 
 
 What are places of public accommodation, 
 within the meaning of civil rights 
 acts. 9 L.R.A. (N.S.) 601; L.R.A.1918F, 
 829. 
 
 2. In places of amusement. 
 
 What are places of amusement within civil 
 rights acts. 19 L.R.A. (N.S.) 007: 
 L.R.A.1018F, 829.
 
 INDEX TO L.R.A. NOTES. 
 
 193 
 
 IVIL RIGHTS cont'd 
 
 Humiliation as element of damages for 
 exclusion from place of amusement be- 
 cause of race or color. 14 L.R.A. 
 (N.S.) 1242. 
 
 3. Right of suffrage. 
 
 See ELECTIONS, 1-8. 
 
 4. As to jury. 
 
 Negroes as grand jurors. 28 L.R.A. 204. 
 
 Removal of cause from state to Federal 
 court because of discrimination against 
 negroes as jurors. 53 L.R.A. 574. 
 
 CIVIL SERVICE. 
 
 1. Generally. 
 
 Constitutionality of civil service laws, see 
 CONSTITUTIONAL LAW, 59. 
 
 Right to compel public employees to sub- 
 mit to physical examination to deter- 
 mine fitness. 33 L.R.A. (N.S.) 259. 
 
 Course to be pursued when some of the per- 
 sons certified from eligible list do not 
 appear, are ineligible, or decline ap- 
 pointment. L.R.A.1918A, 842. 
 
 2. Veterans. 
 
 Validity of statute giving veterans prefer- 
 ence in appointment to office. 10 
 L.R.A. (N.S.) 825. 
 
 Power of legislature to require municipali- 
 ty to pension veterans. 34 L.R.A. 
 (N.S.) 608. 
 
 CIVIL, SERVICE COMMISSION. 
 
 Delegation of power to civil service com- 
 missioners, see CONSTITUTIONAL LAW, 
 14. 
 
 CLAIM AGENT. 
 
 Implied authority of, to promise employ- 
 ment to induce settlement of claim. 38 
 L.R.A.(N.S.) 826. 
 
 Authority of, to contract for services of oth- 
 er persons. L.R.A.1918F, 60. 
 
 CLAIMS cont'd 
 
 Against carrier, time for presenting, see 
 CARKIEBS, 133. 
 
 Against county, see COUNTIES, 9-11. 
 
 Against municipality, see MUNICIPAL COB- 
 PORATIONS, 102-107. 
 
 Against state, see STATES, 13, 13a. 
 
 Against United States, see UNITED STATES, 
 4. 
 
 Against decedent's estate, see EXECUTOBS 
 AND ADMINISTBATOBS, 33-46. 
 
 Against receiver, see RECEIVEBS, IV. 
 j In favor of estate of decedent, see EXECU- 
 TOBS AND ADMINISTBATORS, 28, 29. 
 
 In favor of municipality, see MUNICIPAL 
 CORPORATIONS, 108. 
 
 In favor of United States, see UNITED 
 STATES, 5, 6. 
 
 Court of claims, see COURTS, 45. 
 
 Compromise of claim for death, see DEATH, 
 14. 
 
 Set-off of or against, see SET-OFF AND 
 COUNTERCLAIM. 
 
 Presentation of claim for delay or nonde- 
 livery of telegram, see TELEGRAPHS, 
 21. 
 
 Mining claims, see MINES. 
 
 Impugning claim or good faith of claimant. 
 L.R.A.1915E, 275. 
 
 Power of corporate president to settle or 
 surrender. 14 L.R.A. 359. 
 
 Illegality of, as defense to mandamus to 
 compel payment of municipal debt. 14 
 L.R.A. 779. 
 
 Valuation and adjustment of claims against 
 insolvent insurance company. 38 
 L.R.A. 100. 
 
 Power of consul to assert claims for his 
 citizens and country. 45 L.R.A. 496. 
 
 Right to file claim against estate of guar- 
 dian after termination of guardianship 
 but before settlement of account. 26 
 L.R.A.(N.S.) 793. 
 
 Agreement to defend against as mainte- 
 nance. 1 B. R. C. 176. 
 
 Constitutionality of statute imposing pen- 
 alty or added liability for failure of 
 carrier to pay. 42 L.R.A. (N.S.) 106; 
 L.R.A.1917B, 926. 
 
 2. Time to present. 
 
 Right to compute statutory period for pres- 
 entation of claims from date of filing 
 message. 34 L.R.A. (N.S.) 185. 
 
 CLAIM AND DELIVERY. 
 
 In general, see REPLEVIN. 
 
 Possessory action for tax receipts. 
 L.R.A.(N.S.) 785. 
 
 45 
 
 CLAIMS. 
 
 1. Generally. 
 
 Accord and satisfaction of, see ACCORD AND 
 SATISFACTION. 
 
 Alabama claims, see ALABAMA CLAIMS. 
 
 Against estate of bankrupt, see BANKRUPT- 
 CY, 24-31. 
 
 Against estate of insolvent, see INSOLVENCY, 
 5-8. 
 
 CLAIRVOYANCE. 
 
 Application to, of statutes regulating prac- 
 tice of medicine. L.R.A.1917C, 828. 
 
 Consult also L.R.A. Digests of Cases. 13 
 
 CLASS. 
 Legacy to, see WILLS, 96-98. 
 
 Right of member of class to maintain 
 action for libel based on charges 
 against the class to which lie belongs. 
 23 L.R.A.(N.S.) 726; 25 L.R.A. (N.S.) 
 382; 42 L.R.A.(N.R.) 870.
 
 194 INDEX TO L.R.A. NOTES. 
 
 CLASSICAL EDUCATION. 
 
 As a necessary fur an infant. 42 L.R.A. 
 (N.S.) 1115. 
 
 CLASSIFICATION. 
 
 Of cities, see MUNICIPAL CORPORATIONS, 4. 
 By statutes, see STATUTES, 15-18. 
 For purpose of succession tax, see TAXES, 
 I 105. 
 
 CLAW BARS. 
 
 Master's liability for injury by defect in. 
 33 L.R.A.(N.S.) 681; L.R.A.1918D, 
 1141. 
 
 CLEARANCE CARD. 
 
 Duty to give to discharged employee, see 
 MASTER AND SERVANT, 46. 
 
 CLEARING. 
 
 Life tenant's rights as to clearing land. 37 
 
 L.R.A. (N.S.) 770. 
 Mechanics' lien for clearing land. L.R.A. 
 
 1917D, 353. 
 
 CLEARING-HOUSE. 
 
 See BANKS, 38. 
 
 CLEARNESS. 
 
 Of special verdict. 24 L.R.A.(N.S.) 54. 
 
 CLEAVER. 
 
 Liability of master for injury by defect in. 
 L.R.A.1918D, 1141. 
 
 CLERGY HOUSE. 
 
 See PARISH HOUSE. 
 
 CLERGYMEN. 
 
 See RFMGIOUS SOCIETY, 6-9. 
 
 CLERK. 
 
 n-itli this Itnol; on every law question. 
 
 I. In general, 1, 2. 
 II. Of court or county, 3-7. 
 
 I. In general. 
 
 1. Generally. 
 
 Authority of, to contract for services of oth- 
 er persons. L.R.A.1918F, 69. 
 
 Communication to, as publication of libel. 
 1 B. R. C. 455. 
 
 Character of occupancy of premises by. 4 
 L.R.A.(N.S.) 711. 
 
 Maritime lien for services of. 70 L.R.A. 
 387. 
 
 Validity of contract restraining practice 
 of profession after expiration of term 
 of service with another. 26 L.R.A. 
 (N.S.) 961. 
 
 Execution of certificates of, in name of dep- 
 uty. 42 L.R.A.(N.S.) 883. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond of. L.R.A.1917B, 990. 
 
 2. Liability of, or for acts or. 
 
 Liability of clerk of auction for return of 
 
 money. 35 L.R.A. (N.S.) 481. 
 Storekeeper's liability for malicious acts of. 
 
 4 L.R.A.(N.S.) 485. 
 
 II. Of court or county. 
 
 3. Generally. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond of. L.R.A.1917B, 990. 
 
 In whose name deputy clerk should act. 
 19 L.R.A. 181. 
 
 Improper influence or interference with 
 grand jury by. 28 L.R.A. 371. 
 
 Certification of copies of records by, for 
 evidence in other state. 5 L.R.A. 
 (N.S.) 955, 967. 
 
 Right to attach or garnish fund in hands 
 of, after he has been ordered to pay 
 same to party. 13 L.R.A. (N.S.) 7.18; 
 30 L.R.A. (N.S.) 720. 
 
 Reliance upon clerk for information as to 
 time of trial or hearing as ground of 
 relief from judgment. L.R.A.1917C, 
 1194. 
 
 Admissibility in evidence of books of ac- 
 count kept by. 52 L.R.A. 570. 
 
 Right of sureties of clerk who have made 
 good a loss occasioned by their prin- 
 cipal's default or misconduct to be 
 subrogated to rights of obligee or bene- 
 ficiary of the bond against a third per- 
 son. 14 L.R.A.(N.S.) 155; 46 L.R.A. 
 (N.S.) 557. 
 
 4. Women as. 
 
 Right of women to be. 38 L.R.A. 213. 
 Women as deputy clerks. J3 L.R.A. 721. 
 
 5. Powers of. 
 
 Power of, to take bail. 1 L.R.A. (N.S.) 
 849. 
 
 6. Compensation of. 
 
 Fees of, on filing record and docketing cause 
 in Federal Supreme Court. 06 L.R.A.. 
 850.
 
 INDEX TO L.R.A. NOTES. 
 
 195 
 
 CLERK, II. cont'd 
 
 Right of clerk on salary basis to retain 
 
 fee for naturalization. 30 L.R.A. 
 
 (N.S.) 810. 
 
 7. Liability of. 
 
 Liability of, for defective abstract. 22 
 L.R.A. 99. 
 
 Liability on official bond for loss by bank 
 failure. 22 L.R.A. 449. 
 
 Character and extent of relief by mandamus 
 against circuit court clerk who has ren- 
 dered decision on grounds not within 
 his discretion. 7 L.R.A. (N.S.) 525. 
 
 Liability of clerk of court for accepting in- 
 sufficient appeal bond. 44 L.R.A. 
 (N.S.) 175. 
 
 CLOSED SHOP. 
 
 See CONSPIRACY, III. 
 
 CLOSE TIME. 
 
 For fishery. 39 L.R.A. 385; L.R.A. 191 6E, 
 623. 
 
 CLOTHING. 
 
 Power to regulate traffic in secondhand 
 
 clothing. 24 L.R.A. (N.S.) 1168. 
 Law regulating making of, upon certain 
 
 premises. 44 L.R.A. (N.S.) 47. 
 Making to measure as manufacturing for 
 
 purposes of tax laws. 44 L.R.A. (N.S.) 
 
 303. 
 Liability for injury to clothing worn by 
 
 customer or patron. 43 L.R.A. (N.S.) 
 
 328. 
 Measure of damages for loss or conversion 
 
 of, or injury to. L.R.A.1917D, 495. 
 
 CLOUD ON TITLE. 
 
 1. Generally. 
 
 Bill to quiet title on invalid sale of prop- 
 erty for sewer assessment. 60 L.R.A. 
 243. 
 
 Right of one in possession under void fore- 
 closure sale as against action to quiet 
 title. 40 L.R.A. (N.S.) 845. 
 
 Bar of statute of limitations as ground for 
 quieting title as against encumbrance. 
 6 L.R.A.(N.S.) 516; L.R.A.1916B, 1220. 
 
 Applicability of statute of limitations. 29 
 L.R.A. (N.S.) 930. 
 
 Reimbursement of taxes paid by purchaser 
 upon cancelation of invalid tax deed as 
 cloud on title. L.R.A. 1915C, 492. 
 
 Equitable estoppel as basis of suit to quiet 
 title. 49 L.R.A. (N.S.) 776. 
 
 Right to open default judgment in action 
 to quiet title as affected bv character 
 of defense. L.R.A. 1910F, 853. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CLOUD ON TITLE cont'd , , , - ,. , . . 
 
 2. Equity jurisdiction of action to 
 remove. 
 
 Jurisdiction of equity of suit to remove 
 cloud on title to land in other state or 
 country. 69 L.R.A. 682; 23 L.R.A. 
 (N.S.) 924. 
 
 Jurisdiction upon constructive service of 
 process against a nonresident as to 
 lands within state. 29 L.R.A. (N.S.) 
 625. 
 
 3. effect of remedy at law. 
 
 The general rule. 12 L.R.A. (N.S.) 50. 
 
 Effect of statutes enlarging equitable juris- 
 diction. 12 L.R.A.(N.S.) _67. 
 
 Effect of statutes enlarging legal rem- 
 edy. 12 L.R.A.(N.S.) 78. 
 
 Miscellaneous statutes. 12 L.R.A. (N.S.) 
 81. 
 
 4. Injunction to prevent. i 
 
 Injunction against tax as a cloud. 22 
 L.R.A. 705. 
 
 Jurisdiction of equity when only relief 
 sought is an injunction or receiver to 
 preserve status quo pending litigation 
 before another tribunal to determine 
 title to land. 38 L.R.A. (N.S.) 229. 
 
 5. Who may sue. 
 
 Sufficiency of possessory title. 46 L.R.A. 
 
 (N.S.) 502. 
 Right of purchaser on execution to set 
 
 aside fraudulent conveyance. 35 L.R.A. 
 
 784. 
 Right of one holding a bond for title to 
 
 maintain a bill against a third person 
 
 to remove cloud. 35 L.R.A. (N.S.) 413. 
 Right of one who has placed a purchaser in 
 
 possession to maintain a bill to quiet 
 
 title against an outstanding claim. 12 
 
 L.R.A.(N.S.) 652. 
 
 6. Conclusiveness of, and attack on, 
 judgment in action to remove. 
 
 Collateral attack for fraud not affecting 
 jurisdiction on judgment confirming 
 title to land. 36 L.R.A. (N.S.) 983. 
 
 Judgment dismissing bill to set aside tax 
 deed as a cloud on title, as res judicata 
 in action under tax deed to recover 
 possession of property. 25 L.R.A. 
 (N.S.) 1011. 
 
 CLTJB. 
 
 1. In general. 
 
 Sale of liquor by, see INTOXICATING Li- 
 QUOBS, 22. 
 
 As deadly weapon. '21 L.R.A. (N.S.) 504. 
 Character of occupancy of steward. 4 
 L.R.A.(N.S.) 718, 728. 
 
 2. Members of. 
 
 Enforceability of dues of members of so- 
 cial clubs. 34 L.R.A. (N.S.) 647. 
 
 Jurisdiction of equity on the ground of pre- 
 venting a multiplicity of suits to en- 
 fore liability of members of a club 
 or corporation. 28 L.R.A. (N.S.) 743.
 
 106 
 
 INDEX TO L.R.A. NOTES. 
 
 CLUB cont'd 
 
 Distribution of suits by tailor among mem- 
 bers of club as lottery. 21 L.R.A. 
 (N.S.) 876. 
 
 Power of courts to review decisions of, 
 ;i gainst members. 49 L.R.A. 359, 362, 
 
 865. 
 
 t T se of lodge or club building for entertain- 
 ment or social purposes as affecting 
 rihl to exemption from taxation. 
 L.R.A.1915F, 694. 
 
 Right of trustees or executive committee of 
 club tq indemnity for obligations in- 
 curred by them. 6 B. R. C. 763. 
 
 3. Dissolution of. 
 
 Annulling charter of club for violating the 
 law. 14 L.R.A.(N.S.) 683. 
 
 Disposition of real estate upon dissolution 
 of corporation created for social pur- 
 poses. 35 L.R.A. ( N.S. ) . 895. 
 
 Keeping of, on 
 1917C, 278. 
 
 COAL OIL. 
 
 insured premises. L.R.A. 
 
 ,CQACH LINE. 
 
 See STAGE COACHES. 
 
 COAL. 
 
 In mine, see MINES, 31, 32. 
 
 Use of soft coal as a nuisance. 13 L.R.A. 
 
 (N.S.) 465. 
 Discrimination by carrier in furnishing coal 
 
 cars. 44 L.R.A. (N.S.) 651; L.R.A. 
 
 1918D, 274. 
 Right to coal in railroad right of way as 
 
 between company and fee owner. 45 
 
 L.R.A.(N.S.) 802. 
 Validity of agreement in restraint of trade 
 
 ancillary to sale of coal business. 
 
 L.R.A.1916C, 630. 
 Right of municipality to engage in business 
 
 of selling coal. '31 L.R.A.(N.S.) 119; 
 
 61 L.R.A.(N.S.) 1143. 
 
 COAL HOLE. 
 
 Res ipsa loquitur in action for injury on 
 
 highway resulting from. 43 L.R.A. 
 
 (N.S.) 593. 
 Liability of landlord to third persons as 
 
 to.' 26 L.R.A. 199; 50 L,R.A.(N.S.) 
 
 305. 
 Municipal liability for injury by. 61 L.R.A. 
 
 583: 7 L.R.A.(N.S.) 424; 19 L.R.A. 
 
 (N.S.) 516; 43 L.R.A.(N.S.) 1116. 
 Liability for failure to guard coal hole in 
 
 sidewalk for commercial purposes, 
 
 while in use by third person. 11 L.R.A. 
 
 (N.S.) 993. ' 
 
 COAL MINES. 
 
 COAL YARDS. 
 
 Servants in, as fellow servants. 50 L.R.A. 
 
 460. 
 
 As a nuisance. 32 L.R.A. (N.S.) 522. 
 As breacli of covenant against offensive 
 
 business. 9 L.R.A. (N.S.) 1039. 
 Use of railroad right of way for, as against 
 
 owner of fee. 36 L.R.A. (N.S.) 516. 
 Coal yards on railroad right of way as 
 
 separate subjects of taxation. L.R.A. 
 
 1916E, 415. 
 
 COAST. 
 
 Jurisdiction over coast water. 
 267. 
 
 46 L.R.A. 
 
 COASTING. 
 
 In street, as a nuisance; municipal power 
 
 over. 39 L.R.A. 679. 
 Municipal liability for failure to prevent. 
 
 23 L.R.A.(N.S.) 639; 42 L.R.A. (N.S.) 
 
 862. 
 Injury to one while coasting in street. 42 
 
 L.R.A.(N.S.) 865; L.R.A.1918F, 782. 
 Reciprocal duty of driver of automobile and 
 
 child coasting in street. L.R.A.1918A, 
 
 257. 
 Contributory negligence of child injured 
 
 while coasting in street. L.R.A.1917F, 
 
 99. 
 Contributory negligence of child injured 
 
 while coasting across railroad tracks. 
 
 L.R.A.1917F, 158. 
 
 COCAINE. 
 
 Furnishing or prescribing by physician. 
 L.R.A.1918E, 669. 
 
 COCKTAIL. 
 
 Judicial notice of intoxicating character 
 of. 19 L.R.A.(N.S.) 848; 48 L.R.A. 
 (N.S.) 305. 
 
 S,-c MINKS. 31, 32. 
 
 Beyin iritli tlti book on every law question. 
 
 C. O. D. 
 
 Transfer of title on delivery to carrier of 
 goods sent C. O. D. 22 L.R.A. 426. 
 
 Where title passes upon shipment of liquor 
 C. O. D. 2 L.R.A. (N.S.) 383; 24 L.R.A. 
 (N.S.) 143; 4-t L.R.A. (N.S.) 459. 
 
 Shipping liquor from one state into another 
 C. O. D., without previous order, as in- 
 terstate commerce. 5 L.R.A. (N.S.) 
 630. 
 
 Delivery by express agent to addressee and 
 Collection of price of intoxicating liquor 
 sent C. 0. D. as a sale thereof by the 
 agent. 2 B. R. C. 467.
 
 INDEX TO L.R.A. NOTES. 
 
 197 
 
 CODE. 
 
 Power of legislature to enact or amend by 
 single statute. 55 L.R.A. 833. 
 
 CODEFENDANTS. 
 
 Reversal of judgment on appeal or error by 
 one joint defendant as affecting other 
 joint defendant in whose favor judg- 
 ment below was rendered. L.R.A. 
 1917D, 674. 
 
 Right of one defendant to benefit of other's 
 demurrer. 33 L.R.A.(N.S.) 310. 
 
 Admissibility on joint trial of admission or 
 confession by one defendant tending to 
 incriminate codefendant. 2 B. R. C. 
 353. 
 
 Communications between codefendants as 
 privileged. 35 L.R.A.(N.S.) 585. 
 
 Opinion gained from newspaper reports of 
 trial of codefendants as disqualification 
 of juror in criminal case. 35 L.R.A. 
 (N.S.) 1013. 
 
 CODICIL. 
 
 See WILLS, 58. 
 
 CODIRECTORS. 
 
 Liability for acts and omissions of. 55 
 L.R.A. 771. 
 
 COERCION. 
 
 Of jury, see TRIAL, 72. 
 
 Of wife, effect on liability for libel and 
 slander. 30 L.R.A. 527. 
 
 COEXISTING DEMANDS. 
 
 Set off of, on mortgage foreclosure. 
 L.R.A. 323. 
 
 21 
 
 COGWHEELS. 
 
 Doctrine of "attractive nuisance" as applied 
 to injury from. 19 L.R.A. (N.S.) 1130. 
 
 COHABITATION. 
 
 As evidence of marriage, see MABBIAGE, 4. 
 Effect of, see MARRIAGE, 7. 
 
 Presumptive agency of wife to purchase 
 necessaries arising from. 65 L.R.A. 
 539; 47 L.R.A. (N.S.) 281. 
 
 Consult also L.R.A. Digests of Cases. 
 
 COHABITATION cont'd 
 
 As consideration for subsequent promise to 
 pay. 53 L.R.A. 357. 
 
 Effect of removal of impediment to marriage 
 after commencement of. 3 L.R.A. 
 (N.S.) 244. 
 
 Inference or presumption of marriage from 
 continued cohabitation following re- 
 moval of impediment. L.R.A.1915E, 
 91. 
 
 COIN. 
 
 1. Generally. 
 
 Validity of contract to pay in gold or sil- 
 ver, see CONTRACTS, 89. 
 
 As medium of payment, see PAYMENT, 7, 
 8. 
 
 Judgments for. 29 L.R.A. 593. 
 
 2. Sufficiency of coin tendered. 
 
 Tender of old, worn, or mutiliated coin. 33 
 
 L.R.A. 824. 
 Tender by passenger of a worn or peculiar 
 
 coin. 31 L.R.A.(N.S.) 997; 35 L.R.A. 
 
 (N.S.) 1030; L.R.A.1915E, 313. 
 
 COLD. 
 
 Duty of carrier to protect passenger from, 
 
 see CARRIERS, 42. 
 Master's duty to protect servant whose 
 
 work requires exposure to, see MASTER 
 
 AND SERVANT, 62. 
 
 Duty of carrier to guard freight carried 
 against effects of. 39 L.R.A. (N.S.) 
 640, 645. 
 
 Presumption and burden of proof as to car- 
 rier's negligence in case of injury by 
 cold to property carried, where con- 
 tract limits liability. L.R.A.1915D, 
 664. 
 
 COLD CHISEL. 
 
 Master's liability for injury by defect in. 
 13 L.R.A.(N.S.) 676; L.R.A.1918D, 
 
 1141. 
 
 COLD STORAGE. 
 
 Duty and liability of bailee of property in 
 cold storage, see BAILME-NT, 7. 
 
 Cold storage plant as a fixture. 30 L.R.A. 
 (N.S.) 576. 
 
 COLLAR. 
 
 See DOG COLLAB.
 
 198 
 
 INDEX TO L.R.A. NOTES. 
 
 COLLATERAL AGREKMKN T. 
 
 Oral promise to answer for debt of another, 
 
 see CONTRACTS, 37. 
 Parol evidence as to, see EVIDENCE, 162, 
 
 163. 
 In general, see GUARANTY. 
 
 A- defense to promissory note. 43 L.R.A. 
 164. 
 
 Agreements collateral to contracts forming 
 illegal combinations and the enforce- 
 ment thereof bv members of such illegal 
 eombinations. 64 L.R.A. 712; 11 
 I..K.A.i\.S.) 368; 10 L.R.A. (N.S.) 
 14:!; 30 L.R.A. (N.S.) 580. 
 
 Right to recover from obligor the damages 
 which the obligee was compelled to 
 pay because of his breach of a contract 
 with a third person in consequence of 
 failure or delay in performance of 
 collateral contract. 18 L.R.A. (N.S.) 
 575. 
 
 *-- 
 
 COLLATERAL ATTACK. 
 
 On judgments, see JUDGMENT, 51-57, 71, 
 
 72. 
 On judicial sale, see JUDICIAL SALE, 18. 
 
 On sale or mortgage of land by guardian 
 will-out giving bond. 33 L.R.A. 763. 
 
 On purchase by executor or administrator 
 at his own sale. L.R.A.1918B, 48. 
 
 On decisions or findings of the Land De- 
 partment. L.R.A.1918D, 597. 
 
 Review of proceedings to establish drains 
 and sewers. 60 L.R.A. 225. 
 
 COLLECTION cont'd 
 
 Agent's authority as to, see PRINCIPAL 
 
 AND AGENT, 19. 
 Of tax, see TAXES, IV. 
 Of purchase money for land, see VENDOB 
 
 AND PURCHASER, 11, 12. 
 
 Authority of attorney for collection to ac- 
 cept cancelation of his own debt as 
 payment. 14 L.R.A. 235. 
 
 Right of one who has collected part of 
 judgment to appeal from the rest. 29 
 L.R.A.(N.S.) 15. 
 
 Effect on pledgee's rights of delivery of 
 pledged property for collection. 39 
 L.R.A.(N.S.) 890. 
 
 Of forged instrument as uttering or publish- 
 ing. 8 L.R.A. (N.S.) 1180. 
 
 COLLECTION AGENCY. 
 
 Business of, as interstate 
 L.R.A.(N.S.) 648. 
 
 commerce. 47 
 
 COLLATERAL-INHERITANCE TAX. 
 
 See TAXES, 90-105. 
 
 < 
 
 COLLATERAL KINDRED. 
 
 Damages recoverable by, for negligent kill- 
 ing of relative. 11 L.R.A. (N.S.) 623. 
 
 COLLECTOR. 
 
 Of port, see COLLECTOR OF PORT. 
 Deputy collector, see DEPUTY, 3. 
 Tax collectors, see TAXES, 61. 
 
 Right to make bids on sales conducted by 
 them. 20 L.R.A. 505. 
 
 Application to, for affixing of omitted 
 
 stamp to instrument. 48 L.R.A. 316. 
 j Penalty as limit of liability on bond. 55 
 L.R.A. 393. 
 
 Execution of collector's bond on condition 
 that others shall sign. 45 L.R.A. 338. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond of. L.R.A.1917B, 990. 
 
 COLLATERAL SECURITY. 
 
 See PLEDGE AND COLLATERAL SECURITY. 
 
 COLLECTOR OF PORT. 
 
 Character and extent of relief by manda- 
 mus against. 7 L.R.A. (N.S.) 527. 
 
 COLLEGE EDUCATION. 
 
 As a necessary for an infant. 42 L.R.A. 
 (N.S.) 1115. 
 
 COLLECTION. 
 
 By bank, see BANKS, 31-35. 
 
 Of costs, see COSTS AND FEES, 9, 10. 
 
 Of debts, see DEBT, 3. 
 
 Effort to collect debt as extortion, see i 
 
 EXTORTION. 
 Limitation of action on money collected, 
 
 see LIMITATION OF ACTIONS'. 31, 32. 
 
 Begin iritli this book on every law question. 
 
 COLLEGES. 
 
 1. In general. 
 
 License of, see LICENSE, 39. 
 
 Character of occupation of premises by pro- 
 fessors. 4 L.R.A. (N.S.) 714, 719, 725. 
 
 Exemption from suit as agency of state. 
 
 35 L.R.A. (N.S.) 243. 
 
 I Mandamus to compel issuance of diploma. 
 3 L.R.A.(N.S.) 1115; L.R.A.1916B, 616. 
 
 Right to require or prohibit wearing of 
 uniforms or religious garb in. 42 
 L.R.A. (N.S.) 337.
 
 INDEX TO L.R.A. NOTES. 
 
 199 
 
 COLLEGES cont'd 
 2. Taxation of. 
 
 Liability of property of private educational 
 institutions to assessment for local im- 
 provements. 35 L.R.A. 37. 
 Property used for profit. 19 L.R.A. 
 291; 50 L.R.A.(N.S.) 1197. 
 
 Exemption from taxation of fraternity 
 house. 52 L.R.A. (N.S.) 995. 
 
 COLLISION. 
 
 1. Generally. 
 
 .Between automobiles, or automobile and 
 other vehicle or pedestrian, see AUTO- 
 MOBILES. 
 
 Injury to passenger by, see CARRIERS, 50. 
 
 .Between street car and other vehicle, see 
 [STREET RAILWAYS, 18, 19. 
 
 Liability of owners for wrongful or negli- 
 gent acts of master of vessel causing 
 collision. 27 L.R.A. 182. 
 
 Duty of navigator to avoid injury by pro- 
 pelling vessel against property of 
 others. 64 L.R.A. 979. 
 
 Liability of municipality for damage to 
 vessel by collision with bridge. L.R.A 
 1915F, 1062. 
 
 Jurisdiction in admiralty of action growing 
 out of collision of vessel with bridge. 
 21 L.R.A. (N.S.) 324. 
 
 Relative duties of steamers and small craft 
 propelled by oars on rivers and in nar- 
 row channels. 5 L.R.A. (N.S.) 303. 
 
 Private action for violation of law and rules 
 of navigation. 9 L.R.A. (N.S.) 375; 
 L.R.A.1915E, 541. 
 
 Right of vessel causing collision to claim 
 salvage for rescuing other vessel. 1 
 L.R.A.(N.S.) 873. 
 
 2. Interest on loss by. 
 
 Allc'.vance of interest on value of property 
 destroyed in collision. 18 L.R.A. 453. 
 
 Right to interest on unliquidated damages 
 incurred in collision of vessels. 28 
 L.R.A.(N.S.) 7, 80. 
 
 COLLUSION. 
 
 As defense to divorce suit, see DIVORCE AND 
 
 SEPARATION, 31. 
 As ground for relief from judgment, see 
 
 JUDGMENT, 95. 
 See also FRAUD. 
 
 Power of court to decline jurisdiction of 
 
 fictitious or collusive suits. 6 B. R. 
 
 C. 336. 
 Carrier's liability for injury to persons 
 
 wrongfully on train by collusion with 
 
 train employee. 5 L.R.A. (N.S.) 1025; 
 
 37 L.R.A. (N.S.) 419. 
 Effect of, on compromise or release by 
 
 personal representatives of claims due 
 
 estate. 14 L.R.A. 415. 
 Consult also L.R.A. Digests of Cases. 
 
 COLLUSION cont'd 
 
 Effect of collusion with creditor on surety's 
 right to intervene in action against 
 principal or vice versa. 68 L.R.A. 
 741. 
 
 Questioning validity of attachment for. 35 
 L.R.A. 779. 
 
 In obtaining judgment on unauthorized ap- 
 pearance by attorney. 21 L.R.A. 854. 
 
 Injunction against judgment obtained by. 
 30 L.R.A. 392. 
 
 Right to enjoin prosecution of collusive suit 
 in court of co-ordinate jurisdiction. 
 11 L.R.A. (N.S.) 581. 
 
 COLONIZATION. 
 
 Alien's right to inherit lands granted for. 
 31 L.R.A. 180. 
 
 COLOR. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 742. 
 
 COLOR BLINDNESS. 
 
 State statute requiring engineers to be 
 examined for, as interference with inter- 
 state commerce. 15 L.R.A.(N.S.) 134. 
 
 COLORED NETTING. 
 
 Constitutionality of discriminations in stat- 
 utory regulations concerning colored 
 netting over food products. 34 L.R.A. 
 (N.S.) 652. 
 
 COLORED PERSONS. 
 
 See CIVIL RIGHTS; NEGROES. 
 
 COLORING MATTER. 
 
 Use of in food stuffs, oil, etc., as adulter- 
 ation. 25 L.R.A.(N.S.) 1234. 
 
 COLOR OP RIGHT. 
 
 As affecting question whether invalid claim 
 may be the subject of a valid compro- 
 mise. 25 L.R.A. (N.S.) 280. 
 
 COLOR OF TITLE. 
 
 As element of adverse possession, see AD- 
 VERSE POSSESSION, 15-18.
 
 200 
 
 INDEX TO L.R.A. NOTES. 
 
 COLOR OF TITLE cont'd 
 
 Right to allowance for improvements made 
 
 before color of title. 37 L.R.A.(N.S.) 
 
 018. 
 Location of mining claim on public domain 
 
 occupied without color of title. 7 
 
 L.RJMN.S.) 785. 
 
 COLUMNS. 
 
 Ornamental columns extending beyond line 
 as violating building restriction. 52 
 L.RJMN.S.) 1050. 
 
 COMBINATIONS. 
 
 Illegality of, see CONSPIBACT; MONOPOLY 
 AND COMBINATIONS. 
 
 As to contracts in restraint of trade, gen- 
 erally, see CONTRACTS, 107-109, 117, 
 118. 
 
 Patent of, see PATENTS, 8. 
 
 Of railroads, see RAILROADS, 9-11. 
 
 Common-law rights of original authors in 
 case of. 51 L.R.A. 379. 
 
 COMBUSTIBLE MATERIALS. 
 
 See FIBES. 
 
 COMITY. 
 
 See CONFLICT OF LAWS. 
 
 COMMAND. 
 
 Obedience of, by employee, see MASTER AND 
 SERVANT, 4, 70, 117, 126, 127. 
 
 COMMENCEMENT, 
 
 Of action, see ACTION OR SUIT, 21. 
 
 COMMENTATOR. 
 
 Common-law rights of commentator upon 
 literary work. 51 L.R.A. 358. 
 
 COMMENTS. 
 
 Libel or slander by, see LIBEL AND SLANDER 
 
 8. 
 Begin with this ftoofc on every law question 
 
 COMMERCE. 
 
 /. State control of domestic commerce? 
 
 1. . 
 //. Interstate commerce, 2-21. 
 
 a. In general, 2. 
 
 b. Control of navigable waters 
 
 and navigation, 3, 
 
 c. Regulation of carriage and 
 
 transportation, 4-12. 
 
 d. Forbidding exportation from 
 ' state, 13. 
 
 e. Regulation of sales and other- 
 
 business, 14-18. 
 
 f. Relation between carrier and 
 
 employees, 19. 
 
 g. Taxation, 2O, 21. 
 
 I. State control of domestic commerce* 
 
 1. Generally. 
 
 State sovereignty over domestic commerce^ 
 12 L.R.A. 673.* 
 
 II. Interstate commerce, 
 a. In general. 
 
 2. Generally. 
 
 Combinations in restraint of, see MONOPO- 
 LIES AND COMBINATIONS, II. 
 
 Contracts in restraint of trade, generally, 
 see CONTRACTS, 107-109, 317. 118. 
 
 As to Interstate Commerce Commission, see 
 INTERSTATE COMMERCE COMMISSION. 
 
 Business of collection or commercial agency 
 as interstate commerce. 47 L.R.A. 
 (N.S.) 648. 
 
 State regulations as affected by Federal 
 pure food law. 47 L.R.A. (N.S.) 
 985. 
 
 Restraint on, in violation of anti-truat act. 
 64 L.R.A. 689. 
 
 Effect and construction of Federal anti- 
 trust law. 64 L.R.A. 698. 
 
 What is interstate commerce under anti- 
 trust laws. 64 L.R.A. 700. 
 
 State regulation of right to fish as inter- 
 ference with commerce. 60 L.R.A. 504. 
 
 Natural gas as a subject of interstate com- 
 merce. 12 L.R.A. 652. 
 
 Instruction by correspondence as interstate 
 commerce. 27 L.R.A. (N.S.) 493. 
 
 State legislation for protection of health of 
 live stock, as interference with inter- 
 state commerce. 26 L.R.A. (N.S.) 279. 
 
 Federal or state jurisdiction to make regu- 
 lations as to infected animals. 43 
 L.R.A. (N.S.) 1066. 
 
 State legislation for prevention of immo- 
 rality as interference with interstate 
 commerce. 51 L.R.A. (N.S.) 157. 
 
 Effect of commerce clause on validity of 
 state police regulations as to branding 
 or labeling articles of commerce. 40 
 L.R.A. (N.S.) 880. 
 
 Jurisdiction under commerce clause to pun- 
 ish crimes committed by or against 
 Indians. 21 L.R.A. 169.'
 
 INDEX TO L.R.A. NOTES. 
 
 201 
 
 COMMERCE, II. a cont'd 
 
 Effect of commerce clause on admiralty 
 
 jurisdiction of contracts. 66 L.R.A. 
 
 2] 3. 
 Mandatory injunction in matters affecting. 
 
 20 L.R.A. 166. 
 Injunction against strikes affecting. 28 
 
 L.R.A. 467. 
 
 b. Control of navigable ^vaters and 
 
 navigation. 
 
 3. Generally. 
 
 Local license tax on vessels licensed by the 
 United States. 27 L.R.A. 414. 
 
 Regulation of ferries as interference with 
 commerce. 59 L.R.A. 519; 52 L.R.A. 
 (N.S.) 574. 
 
 Effect of commerce clause on right to mari- 
 time lien for ship's services. 70 L.R.A. 
 433. 
 
 Does transportation over navigable waters 
 between points in same state by route 
 part of which is in another state con- 
 stitute interstate commerce. 28 L.R.A. 
 (N.S.) 988. 
 
 c. Regulation of carriage and trans- 
 
 portation. 
 
 4. Generally. 
 
 Relation between carrier and employees, 
 
 see infra, 19. 
 As to governmental regulation of carriers 
 
 generally, see CARRIERS, V. 
 
 Includes transportation and intercourse. 
 6 L.R.A. 579;* 13 L.R.A. 107. 
 
 Applicability of commerce clause or stat- 
 utes thereunder to ftreet railways or to 
 interurban roads. 46 L.R.A. (N.S.) 
 385. 
 
 Exclusion of foreign railroad company as 
 interference with commerce. 24 L.R.A. 
 312. 
 
 State regulation of equipment of railroad 
 rolling stock as interference with in- 
 terstate commerce. 32 L.R.A. (N.S.) 
 20. 
 
 State regulations requiring carriers to fur- 
 nish cars to shipper as interference 
 with interstate commerce. 42 L.R.A. 
 (N.S.) 984. 
 
 Implied contract for through carriage in 
 case of interstate shipments. 31 
 L.R.A.(N.S.) 27. 
 
 State statutes imposing penalty on carrier 
 for failure to settle claims as inter- 
 ference with interstate commerce. 15 
 L.R.A. (N.S.) 983; 42 L.R.A.(N.S.) 
 107; L.R.A.1917B, 926. 
 
 Right to require the stopping of interstate 
 trains. 14 L.R.A. (N.S.) 293. 
 
 Right to limit speed of interstate or mail 
 train. 14 L.R.A. (N.S.) 293; L.R.A. 
 1917F, 1187. 
 
 Power to compel stoppage of interstate 
 trains at stations. 44 L.R.A. (N.S.) 
 478. 
 
 Full crew acts as interference with inter- 
 state commerce. 49 L.R.A. (N.S.) 978. 
 
 Power of state as to demurrage charges by 
 carrier on interstate shipments. 30 
 L.R.A. (N.S.) 137. 
 
 Consult also L.R.A. Digests of Cases. 
 
 COMMERCE, II. c cont'd 
 
 5. When transportation is interstate. 
 
 Effect of breaking continuity of passage or 
 shipment upon its interstate character. 
 L.R.A.1917D, 1184. 
 
 Shipment within a state as part of inter- 
 state or foreign transportation. 17 
 L.R.A. 643. 
 
 Does transportation between points in same 
 state over a route part of which 
 is in another state constitute in- 
 terstate commerce. 17 L.R.A. 443; 
 28 L.R.A. (N.S.) 985; L.R.A.1918A, 
 805. 
 
 Altering destination during shipment as af- 
 fecting interstate character. L.R.A. 
 1916E, 533. 
 
 Interstate telegrams as interstate commerce. 
 24 L.R.A. 161. 
 
 6. Connecting carriers. 
 
 State statutes regulating the liability of 
 carriers with respect to shipments over 
 connecting lines as interference with 
 interstate commerce. 7 L.R.A. (N.S.) 
 388. ,--' 
 
 7. Charges of carriers. 
 
 Regulation of freight rates, generally, see 
 CARRIERS, 154-160. 
 
 Effect of interstate business on reasonable- 
 ness of railroad rates prescribed by the 
 state for local traffic. 15 L.R.A.(N.S.) 
 112. 
 
 Right of shipper where carrier negligently 
 misquotes rate which has been filed or 
 published as required by statute. 33 
 L.R.A.(N.S.) 391. 
 
 Power of state court to pass upon inter- 
 state rates. 28 L.R.A. (N.S.) 108. 
 
 Effect of provisions of interstate commerce 
 act against rebates upon contracts pre- 
 scribing rates less than those estab- 
 lished in accordance with the act. 14 
 L.R.A. (N.S.) 400. 
 
 Effect of interstate commerce act on ship- 
 per's common-law right of action for 
 discrimination by carrier. 45 L.R.A. 
 (N.S.) 614. 
 
 Power of state court to review rulings 
 of Interstate Commerce Commission. 
 L.R.A.1917E, 919. 
 
 8. contracts fixing rates other than 
 those established In accordance 
 with interstate commerce act. 
 
 General rule. 38 L.R.A. (N.S.) 353. 
 Shipper's right of action against carrier 
 
 for damages. 38 L.R.A. (N.S.) 355. 
 Particular classes of contracts. 38 L.R.A. 
 
 (N.S.) 357. 
 Criminal liability. 38 L.R.A. (N.S.) 363. 
 
 9. Limitation of liability. 
 
 Validity of stipulation limiting carrier's 
 liability to agreed valuation as affect- 
 ed by ' the Hepburn act. 28 L.R.A. 
 (N.S.) 293. 
 
 "Carmack amendment" as affecting state 
 regulations as to stipulations limiting 
 liability of common carriers for the loss 
 or damage to goods. 44 L.R.A. ( N.S. ) 
 257; 50 L.R.A. (N.S.) 819.
 
 INDEX TO L.K.A. NOTES. 
 
 COMMERCE, II. c confd 
 10. Furnishing of curs. 
 
 Duty of carrier under interstate commerce ' 
 act to furnish cars to shippers. 43 
 L.R.A. 230. 
 
 State regulations requiring carriers to fur- 
 nish cars to shippers as interference 
 with interstate commerce. 17 L.R.A. 
 (N.S.) 364; 29 L.R.A. (N.S.) 802. 
 
 Validity of penalty imposed by state for 
 failure to furnish freight cars. 15 
 L.R.A. (N.S.) 733. 
 
 Effect of interstate commerce act on dam- 
 ages for carrier's failure to furnish cars. 
 44 L.R.A.(N.S.) 649. 
 
 11. Telegraph and telephones. 
 
 Exclusion of foreign telegraph company as 
 interference with commerce. 24 L.R.A. 
 311. 
 
 Power to states to control or impose bur- 
 dens upon interstate telegraph and 
 telephone companies. 24 L.R.A. 
 161. 
 
 State statutes imposing penalties upon tele- 
 graph companies for failure to trans- 
 mit or deliver messages properly. 31 
 L.R.A. 807. 
 
 State statutes imposing license fees on 
 telegraph companies. 24 L.R.A. 161; 
 31 L.R.A. 808. 
 
 Statutes regulating telephone prices and 
 requiring service on equal terms to all. 
 31 L.R.A. 807. 
 
 State law affecting telegraphs as regula- 
 tion of interstate commerce. 36 L.R.A. 
 (N.S.) 220. 
 
 Transmission of message between points in 
 same state over a line part of which 
 is in another state as interstate com- 
 merce. 28 L.R.A.(N.S.) 985; L.R.A. 
 1918A, 807. 
 
 12. Express companies. 
 
 Exclusion of foreign express company as 
 interference with interstate commerce. 
 24 L.R.A. 312. 
 
 Statute requiring express companies to 
 make free deliveries in certain cities, 
 as interference with interstate com- 
 merce. 19 L.R.A. (N.S.) 94. 
 
 d. Forbidding exportation from state. 
 
 13. Generally. 
 
 Right of state to forbid exportation of 
 natural resources. 35 L.R.A. (N.S.) 
 
 ll '->. 
 
 e. Regulation of sales and other busi- 
 
 ness. 
 
 COMMERCE, II. e cont'd 
 I Power of state to regulate nursery business. 
 
 14. Generally. 
 
 Regulation of carriers, see supra, II. c. 
 Regulation of telegraph and telephone com- 
 panies, see supra, 11. 
 
 Prohibiting or restricting advertising as in- 
 terference with interstate commerce 
 L.R.A.1917E, 701. 
 
 Business of collection or commercial agency 
 as interstate commerce. 47 L R A 
 (N.S.) 648. 
 
 Begin iHth this boo* 
 
 ]5 L.R.A. (N.S.) 138. 
 Police regulations as to branding or label- 
 ing articles of commerce. 1 L.R.A, 
 . (N.S.) 184. 
 Statutes in relation to vinegar as interfer- 
 
 ence with interstate 
 L.R.A. (N.S.) 1206. 
 
 commerce. 49 
 
 Constitutionality of statute requiring an- 
 nouncement that article is imported. 
 L.R.A.1916E, 1186. 
 
 Validity of state inspection laws as applied 
 to commodities in interstate commerce.' 
 27 L.R.A.(N.S.) 677; L.R.A.1916D, 
 196. 
 
 Right of state to confiscate cigarettes im- 
 ported for personal use. 4 L.R.A. . 
 (N.S.) 528. 
 
 Contracts for "futures" to be executed in 
 other states as interstate commerce. 
 ]4 L.R.A. (N.S.) 1081. 
 
 15. Intoxicating liquor. 
 
 Power of state to prohibit solicitation of 
 orders for intoxicating liquors by mail 
 sent from another state. 36 L.R.A. 
 (N.S.) 443. 
 
 Shipping liquor from one state into another 
 C. O. D. without previous order, as in- 
 terstate commerce. 5 L.R.A. (N.S.) 630. 
 
 Regulating sale of intoxicants on vess.st'ls en- 
 gaged in interstate commerce. 1 L.R.A. 
 (N.S.) 639; L.R.A.1915F, 1143. 
 
 Right of prohibition as limited by constitu- 
 tional power of Congress to regulate in- 
 terstate and foreign commerce (U. S. 
 Const. Art. 1, sec. 8). 15 L.R.A. (N.S.) 
 923. 
 
 What is sufficient to terminate interstate 
 transportation of intoxicating liquors. 
 11 L.R.A.(N.S.) 550; 23 L.R.A. (N.S.) 
 1020; 29 L.R.A. (N.S.) 745. 
 
 Constitutionality, construction, and effect of 
 Webb-Kenyon act. L.R.A.1916C, 
 299; L.R.A.1918B, 455. 
 
 Effect of removal of constitutional objec- 
 tions to state statute. 48 L.R.A. (N.S.) 
 349. 
 
 Effect of violation of Federal pure food law 
 on status of intoxicating liquors. 47 
 L.R.A.(N.S.) 987. 
 
 16. Original packages. 
 As to original packages 
 ORIGINAL PACKAGES. 
 
 generally, see 
 
 60 L.R.A. 664; 39 L.R.A. (N.S.) 
 
 What are. 
 1051. 
 
 Prohibition or regulation of the sale or im- 
 portation of tobacco. L.R.A. 1018B, 989. 
 
 Cigarettes in original packages as articles- 
 of commerce. 48 L.R.A. 230. 
 
 Effect of removal of constitutional objec- 
 tions to state statute. 48 L.R.A. i N.S.) 
 349. 
 
 State regulations as affected by Federal 
 
 pure food law. 47 L.R.A. ( X.S. ) 985. 
 on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 203 
 
 COMMERCE, II. e cont'd 
 
 17. Foreign corporations. 
 
 As to foreign corporations, generally, see 
 
 CORPORATIONS, XI. 
 
 Doing of business within state by foreign 
 corporation, see CORPORATIONS, 145- 
 148. 
 
 Generally. 60 L.R.A. 677. 
 
 Telegraph companies. 24 L.R.A. 311. 
 
 Insurance companies. 24 L.R.A. 312. 
 
 Packet company. 24 L.R.A. 312. 
 
 Express companies. 24 E.R.A. 312. 
 
 Railroad companies. 24 L.R.A. 312. 
 
 Bridge company. 24 L.R.A. 313. 
 
 Trading companies. 24 L.R.A. 313. 
 
 Publishing companies. 24 L.R.A. 314. 
 
 Loaning companies. 24 L.R.A. 314. 
 
 Liability of foreign corporation engaged 
 in interstate commerce to franchise 
 tax. 57 L.R.A. 92. 
 
 Sale by foreign corporation of goods stored 
 in state as intrastate business. 18 
 L.R.A. (N.S.) 134. 
 
 Agreement by foreign corporation to install 
 articles within the state as bringing 
 it within the statute relating to for- 
 eign corporations. 14 L.R.A. (N.S.) 
 674; L.R.A.1917C, 1014. 
 
 18. License; peddlers. 
 
 Liquor license, see supra, 15. 
 
 Tax on occupations as interference with 
 
 commerce. 60 L.R.A. 691. 
 License tax on advertising as interference 
 with interstate commerce. L.R.A. 
 1917E, 701. 
 
 State statutes imposing license fees on tele- 
 graph companies. 31 L.R.A. 808. 
 Local license tax on vessels licensed by the 
 
 United States. 27 L.R.A. 414. 
 License or occupation tax on hawkers and 
 peddlers, and persons engaged in 
 soliciting orders by sample or oth- 
 erwise as a violation of the com- 
 merce clause. 14 L.R.A. 97; 19 
 L.R.A.(N.S.) 297; 28 L.R.A. (N.S.) 
 265. 
 
 Blue Sky Law as violation of commerce 
 clause. L.R.A.1917F, 524. 
 
 /. Relation between carrier and em- 
 ployees. 
 
 19. Generally. 
 
 As to construction and effect of Federal 
 safety-appliance act, generally, see 
 MASTER AND SERVANT, 96. 
 
 State regulation of relations between rail- 
 road companies engaged in interstate 
 commerce and their employees. 15 
 L.R.A. (N.S.) 134; 29 L.R.A. (N.S.) 
 240; 52 L.R.A. (N.S.) 266. 
 
 Gathering laundry or other articles in one 
 state, performing services thereon in 
 another, and returning to owners, as 
 interestate commerce. L.R.A. 193 7B, 
 343. 
 
 Workmen's Compensation Act as imposing 
 burden on interstate commerce. L.R.A. 
 1917D, 57. 
 
 Consult also L.R.A. Digests of Cases. 
 
 COMMERCE, II. f cont'd 
 
 Track repairing and work in connection 
 therewith as furthering interstate com- 
 merce within the Federal Employers' 
 Liability Act. L.R.A.1918E, 859. 
 
 Effect of Federal Employers' Liability Act 
 on applicability of State Compensation 
 Statutes to non-negligent injuries of 
 railroad employees while engaged in in- 
 terstate commerce. L.R.A. 1918C, 450. 
 
 Limitation by Federal laws of application 
 of workmen's compensation statute to 
 injuries received in interstate com- 
 merce. L.R.A.1916A, 461; L.R.A.1917D, 
 85. 
 
 g. Taxation. 
 
 20. Generally. 
 
 License tax, see supra, 18. 
 
 Whether state tax violates commerce clause, 
 as a Federal question. 62 L.R.A. 530. 
 
 Power of state to tax interstate telegraph 
 messages. 24 L.R.A. 161. 
 
 Invalidity of state laws imposing taxes or 
 penalties upon immigration. 13 L.R.A. 
 686. 
 
 Taxation of bridge over a navigable river 
 as regulation of interstate commerce. 
 29 L.R.A. 71. 
 
 Liability of grain to taxation while in ele- 
 vator in course of interstate transpor- 
 tation. 44 L.R.A.(N.S.) 586. 
 
 21. Corporate taxation and the com- 
 merce clause. 
 
 Taxation of corporations generally, see 
 TAXES, 11, 33-39, 45, 46, 67.. 
 
 Generally. 60 L.R.A. 641. 
 
 What is commerce. 60 L.R.A. 642. 
 
 Congressional inaction means freedom. 60 
 L.R.A. 647. 
 
 State powers. 60 L.R.A. 649. 
 
 Property taxation. 60 L.R.A. 651. 
 
 Intercourse. 60 L.R.A. 666. 
 
 Internal commerce. 60 L.R.A. 669. 
 
 Receipts from commerce across state lines. 
 60 L.R.A. 671. 
 
 Excises. 60 L.R.A. 674. 
 
 Charges for facilities, services, and polic- 
 ing. 60 L.R.A. 693. 
 
 Taxation of receipts of corporations en- 
 gaged in interstate or foreign com- 
 merce. 57 L.R.A. 59. 
 
 Liability of domestic corporation engaged 
 in interstate commerce to franchise tax. 
 57 L.R.A. 79. 
 
 Liability of foreign corporation engaged in 
 interstate commerce to franchise tax. 
 57 L.R.A. 92. 
 
 COMMERCIAL AGENCIES. 
 
 Libel by, see LIBEL AND SLANDER, 17, 26. 
 
 Business of, as interstate commerce. 47 
 
 L.R.A.(N.S.) 648. 
 Misrepresentations to, as a fraud upon 
 
 seller. 14 L.R.A. 264. 
 Reliance on fraudulent statements to. 37 
 
 L.R.A. 613.
 
 204 
 
 INDEX TO L.R.A. NOTES. 
 
 COMMERCIAL BONDS. 
 
 See BONDS, 17-27. 
 
 COMMERCIAL EDUCATION. 
 
 As a necessary for an infant. 42 L.R.A. 
 
 VS. i 1115. 
 
 COMMERCIAL ESTABLISHMENTS. 
 
 Validity of statute or ordinance requiring 
 d using of, at certain hours. L.R.A. 
 1916A, 654. 
 
 COMMERCIAL PAPER. 
 
 See BILLS AND NOTES; BONDS, 17-27; 
 CHECKS. 
 
 COMMERCIAL TRAVELERS. 
 
 Extent of authority of, see PRINCIPAL AND 
 AGENT, 13. 
 
 Drummers as related to interstate com- 
 merce. 14 L.R.A. 97. 
 
 Innkeeper's liability for loss or destruc- 
 tion of samples. 35 L.R.A.(N.S.) 350. 
 
 Liability of carrier for loss of baggage of. 
 4 L.RJMN.S.) 1035; L.R.A.1918C, 108. 
 
 Agreement in restraint of future employ- 
 ment of. 24 L.R.A. (N.S.) 937. 
 
 Notice to traveling salesman as notice to 
 his employer. 25 L.R.A.(N.S.) 231. 
 
 Commercial travelers as peddlers or hawk- 
 ers. L.R.A.1916B, 1298. 
 
 Implied or apparent authority to bind prin- 
 cipal for board or traveling expenses. 
 L.R.A.1916B, 754. 
 
 Criminal responsibility of, for sale of goods 
 that do not comply with statutory re- 
 quirements. L.R.A.l 918D, 726. 
 
 COMMISSION. 
 
 Delegation of power to, see CONSTITUTION- 
 AL LAW, 13. 
 
 Constitutionality of commission form of 
 government, see MUNICIPAL CORPORA- 
 TIONS, 8. 
 
 Railroad commission, see RAILROAD COMMIS- 
 SION. 
 
 Suits against state commissions as suits 
 against the state. 44 L.R.A.(N.S.) 
 196. 
 
 COMMISSIONERS cont'd 
 Of drains and sewers, see DRAINS AND 
 SEWERS, 7. 
 
 Right to make bids on sales conducted by 
 them. 20 L.R.A. 505. 
 
 Right of woman to be. 38 L.R.A. 211. 
 
 Harbor commissioners as independent con- 
 tractors. 65 L.R.A. 474. 
 
 Right to attach or garnish fund in hands 
 of, after direction to pay same to party. 
 13 L.R.A. (N.S.) 758. 
 
 Injunction against acts of food commis- 
 sioner which affect sale of foods. 15 
 L.R.A.(N.S.) 331. 
 
 Power of court to set aside award in con- 
 demnation for misconduct of commis- 
 sioners. 27 L.R.A. (N.S.) 567. 
 
 Character and extent of relief by mandamus 
 against commissioner of patents. 7 
 L.R.A. (N.S.) 527. 
 
 Binding effect on municipality of knowl- 
 edge or notice of street commissioner 
 of defect or obstruction in street. 
 L.R.A.1918B, 650. 
 
 COMMISSION 
 
 FORM OF 
 MENT. 
 
 GOVERN- 
 
 See MUNICIPAL CORPORATIONS, 8. 
 
 COMMISSION MERCHANT. 
 
 See FACTORS. 
 
 COMMISSIONS. 
 
 Of broker, see BROKERS, 8-13. 
 
 Of personal representative, see EXECUTORS 
 
 AND ADMINISTRATORS, 52. 
 Of insurance agent, see INSURANCE, 21. 
 Of agent generally, see PRINCIPAL AND 
 
 AGENT, 36. 
 Commissions charged by lender's agent as 
 
 usury, see USURY, 3. 
 
 Admissibility of books of account to prove 
 delivery for sale on commission. 52 
 L.R.A. 695. 
 
 Priority of claims against property in hands 
 
 of receiver for. 
 1067. 
 
 2 L.R.A.(N.S.) 1051, 
 
 COMMISSIONERS. 
 
 Delegation of power to, see CONSTITUTIONAL 
 LAW, 13. 
 
 this boolt on every law question. 
 
 Creation of partnership by provision for 
 division of commissions. 18 L.R.A. 
 (N.S.) 1040. 
 
 Effect of fact that one is entitled to com- 
 missions out of fund on his prosecu- 
 tion for embezzlement on his retaining 
 the whole fund. 13 L.R.A. (N.S.) 511. 
 
 Right to recover in action for wrongful 
 dismissal, damages for loss of com- 
 missions. 1 B. R. C. 123. 
 
 Payment of, for sale of bonds as violating 
 requirement that bonds shall not be 
 sold for less than par. 39 L.R.A. (N.S.) 
 248.
 
 INDEX TO L.R.A. NOTES. 
 
 205 
 
 COMMISSIONS cont'd 
 
 Priority of claims for, against property in 
 hands of receiver over recorded liens. 
 41 L.R.A. (N.S.) 710. 
 
 Liability of one party to a contract or 
 transaction to the other because of 
 commission allowed by the former to 
 the latter's agent. 49 L.R.A.(N.S.) 
 101. 
 
 Right of one employed on commission to 
 recover for loss of profits where em- 
 ployment is unlawfully terminated. 
 L.R.A.1916B, 872. 
 
 Funds on which guardian is entitled to com- 
 missions. L.R.A.1917C, 193. 
 
 Agreements for commissions, bonuses, etc., 
 in favor of mortgagee as clog on equity 
 of redemption. 6 B. R. C. 442. 
 
 Employees paid by commission as "em- 
 ployees" within meaning of Workmen's 
 Compensation Acts. L.R.A.1918F, 205. 
 
 COMMITMENT. 
 
 Warrant of, see CRIMINAL LAW, 33. 
 
 Of person convicted of crime, see CBIMINAL 
 
 LAW, VI. 
 
 To hospital, see HOSPITALS, 3. 
 See also CONTEMPT. 
 
 Necessity of commitment to render im- 
 prisonment valid. 38 L.R.A.(N.S.) 
 600. 
 
 Informality of, as justification of prison 
 breach. 15 L.R.A. 191. 
 
 COMMITTEE. 
 
 1. Generally. 
 
 Of incompetent persons, see INCOMPETENT 
 PERSONS, IX. 
 
 Liability of corporate directors for acts and 
 omissions of. 55 L.R.A. 773. 
 
 Power of, to employ one of its own members 
 as counsel, or to render other special 
 services. 3 L.R.A. (N.S.) 849. 
 
 Authority of committee or its agent to con- 
 tract for services of other persons. 
 L.R.A.1918F, 70, 71. 
 
 Report by, as privileged communication. 5 
 L.R.A.(N.S.) 164. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin unlawful expenditures by 
 municipality for entertaining commit- 
 tee. 36 L.R.A.(N.S.) 2. 
 
 Personal liability of committee appointed 
 at public meeting for services or sup- 
 plies. 51 L.R.A.(N.S.) 406. 
 
 2. Of legislature. 
 
 Failure to refer bill to. 40 L.R.A. (N.S.) 
 
 4. 
 Impeachment of enrolled bill by committee 
 
 reports. 40 L.R.A. (N.S.) 32. 
 Appropriation for expenses of legislative 
 
 committee. 1 L.R.A. (N.S.) 409. 
 Power of legislature or branch thereof to 
 
 appoint a committee to sit after close 
 
 of session. 10 L.R.A. (N.S.) 172; L.R.A. 
 
 1915E, 496. 
 Consult also L.R.A. Digests of Cases. 
 
 COMMODITIES. 
 
 Discrimination by carrier against commod- 
 ities with respect to transit privileges. 
 L.R.A.1918A, 187. 
 
 COMMON. 
 
 Of estovers. 68 L.R.A. 649. 
 
 COMMON ASSATJI/T. 
 
 Upon female, liability of infant for. 
 L.R.A. 205. 
 
 COMMON CALAMITY. 
 
 Presumption of survivorship among thosr- 
 perishing in. 51 L.R.A. 863. 
 
 COMMON CARRIERS. 
 
 See CARRIERS. 
 
 COMMON COUNCIL. 
 
 Meetings of, see MUNICIPAL CORPORATIONS, 
 20. 
 
 COMMON COUNTS. 
 
 Sufficiency of the common counts under the 
 Code. 34 L.RJMN.S.) 364. 
 
 Recovery on common counts by one who 
 abandons a contract for work or labor 
 or services without cause or justifica- 
 tion. L.R.A.1936E, 790. 
 
 COMMON DEALER. 
 
 Necessity that indictment or information 
 for sale of liquor by comon dealer state 
 name of purchaser. 23 L.R.A. (N.S.) 
 582. 
 
 COMMON EMPLOYMENT. 
 
 Persons engaged in, as fellow servants, see 
 MASTER AND SERVANT, 139-143. 
 
 COMMON KNOWLEDGE. 
 
 Right of jurors to act on. 37 L.R.A. (N.S.) 
 793.
 
 
 INDEX TO L.R.A. NOTES. 
 
 n i M M " X K X M W I. EDGE cont'd 
 Appeals by counsel in argument to com- 
 mon knowledge of jurors. L.R.A. 1918D, 
 75. 
 
 COMMON LAW. 
 
 8 1. Generally. 
 
 Common-law bonds, see COMMON-LAW BOND. 
 
 Common-law right of action for death, see 
 
 DKATH, 5. 
 As to title untU-r nontidal rivers. 42 L.R.A. 
 
 166. 
 Common-law right of action of parent for 
 
 MM of services of child killed. 41 
 
 L.R.A. 807. 
 Conflicting interpretations of common-law 
 
 rules in different jurisdictions,. 6 
 
 L.R.A.(N.S.) 212; 18 L.R.A. (N.S.) 
 
 880. 
 
 When rules of common law differently in- 
 '""terpreted in different states. 56 L.R.A. 
 
 219. 
 Federal courts following state decisions 
 
 based on. 40 L.R.A. (N.S.) 388. 
 Oral proof of modification of. 25 L.R.A. 
 
 462. 
 Sufficiency of common-law indictment for 
 
 forgery to support conviction for simi- 
 lar statutory offense. 33 L.R.A. (N.S.) 
 
 946. 
 Effect upon common-law right to change 
 
 one's name of statute providing for 
 
 such change by judicial proceedings. 
 
 26 L.R.A.(N.S.) 1167. 
 
 2. Presumption as to. 
 
 Jurisdiction with respect to which pre- 
 sumption in favor of common law may 
 be indulged. 67 L.R.A. 40. 
 
 Conflict between presumption in favor of 
 common law and presumption that law 
 of other jurisdiction is the same as 
 that of the forum. 67 L.R.A. 41. 
 
 Presumption as to common law of other 
 state. 21 L.R.A. 472. 
 
 Presumption in favor of, when law of other 
 state not proved. 34 L.R.A. (N.S.) 270. 
 
 3. Adoption of, in United States. 
 Adoption of the common law in the United 
 States. 22 L.R.A. 501. 
 
 COMMON-LAW BOND. 
 
 May bond of public officer intended as stat- 
 utory bond, but not binding as such, be 
 enforced as a common-law bond. 21 
 L.R.A.(N.S.) 766; L.R.A.1917B, 1017. 
 
 COMMON-LAW MARRIAGE. 
 
 See MARRIAGE, f>. 
 
 As a "dependent" within meaning of Work- 
 men's Compensation Statutes. L.R.A. 
 1918F, 484. 
 
 COMMON PRACTICE. 
 
 See CUSTOM AND USAGE. 
 
 ' COMMONS. 
 
 What use of, amounts to diversion from the 
 use for which they were dedicated. 25 
 L.R.A.(N.S.) 980; 50 L.R.A.(N.S.) 465. 
 
 COMMON SCHEME. 
 
 Evidence of other crimes to show. 62 
 L.R.A. 199, 218, 291. 
 
 COMMON SCHOOLS. 
 
 See SCHOOLS. 
 
 COMMON SCOLD. 
 
 Cruel and unusual punishment of. 35 
 L.R.A. 571. 
 
 COMMUNISM. 
 
 Public policy as related to communistic life 
 or tenure of property. 8 L.R.A. (N.S.) 
 909; 52 L.R.A. (N.S.) 459. 
 
 Disposition of property of communistic so- 
 ciety upon dissolution. L.R.A.1918D. 
 1150. 
 
 COMMUNITY OF INTEREST. 
 
 Creation of partnership by community of 
 interest in capital stock. 38 L.R.A. 
 (N.S.) 1084. 
 
 COMMUNITY PROPERTY. 
 
 See HUSBAND AND WIFE, 28-32. 
 
 COMMUNITY RESIDENCE. 
 
 As violation of restrictive covenant in deed. 
 41 L.R.A.(N.S.) 615. 
 
 Begin with this book on every Ittic queatiort. 
 
 COMMUTATION. 
 
 Of sentence, effect on marriage relation. 31 
 
 L.R.A. 519. 
 Effect of commutation of sentence of crime 
 
 on conjugal rights. 7 L.R.A. (N.S.)
 
 INDEX TO L.R.A. NOTES. 
 
 207 
 
 CpMMUTATION cont'd 
 
 Time allowance to prisoner whose sentence 
 
 Las been commuted from life to a term 
 
 of vears. L.R.A.1915B, 95. 
 
 COMMUTATION RATES. 
 
 Power of Public Service Commission to regu- 
 late. L.R.A.1918C, 480. 
 
 COMORTGAGEES. 
 
 .As parties to proceeding to enforce mort- 
 gage for part of debt. 37 L.R.A. 741. 
 
 COMPACT. 
 
 Effect of, on jurisdiction over boundary 
 rivers. 65 L.R.A. 957. 
 
 COMPANION. 
 
 Injury to companion of driver of automo- 
 bile, see AUTOMOBILES, 8. 
 
 Imputing negligence of driver to, see NEGLI- 
 GENCE, 42, 44. 
 
 4 
 
 COMPANY LAW. 
 
 "See CORPORATIONS. 
 
 COMPARATIVE INJURY. 
 
 Doctrine of, in injunction suit, see INJUNC- 
 TION, 26, 69a. 
 
 COMPARATIVE NEGLIGENCE. 
 
 In case of violation of police ordinance 
 affecting operation of railroads. 5 
 L.R.A.(N.S.) 239. 
 
 Burden of proof as to. 33 L.R.A. (N.S.) 
 1151. 
 
 COMPARISON. 
 
 Admissibility of instrument for purpose of, 
 
 see EVIDENCE, 149. 
 Of handwriting, see EVIDENCE, 149, 201- 
 
 203. 
 Of typewriting, see EVIDENCE, 205a. 
 
 Exhibition of person for purpose of com- 
 parison, in order to show resemblance. 
 52 L.R.A. 502. 
 
 Exhibition of child for purpose of deter- 
 mining paternity in bastardy proceed- 
 ings. L.R.A.3917B, 1148. 
 
 Consult also L.R.A. Digests of Cases. 
 
 COMPENSATION. 
 
 Of attorney, see ATTORNEYS, 18-22. 
 
 Of broker, see BROKERS, 8-13. 
 
 Of corporate officers, see CORPORATIONS, 
 49. 
 
 Of personal representative, see EXECUTORS 
 AND ADMINISTRATORS, 52. 
 
 Of insurance agent, see INSURANCE, 21. 
 
 Of employee, see MASTER AND SERVANT, 
 24-31. 
 
 Of officers, see MUNICIPAL CORPORATIONS, 
 120; OFFICERS, 31-37, 44. 
 
 Of copartner, see PARTNERSHIP, 27, 35, 
 43. 
 
 Of physician, see PHYSICIANS AND SUR- 
 GEONS, 19, 20. 
 
 Of agent, see PRINCIPAL AND AGENT, 36. 
 
 Of seamen, see SEAMEN, 2. 
 
 Of trustee, see TKUSTS, 24. 
 
 Of witnesses, see WITNESSES, 48-51. 
 
 Measure of, see DAMAGES, III. 
 
 For private property taken for public use, 
 see DAMAGES, 82-93; EMINENT DO- 
 MAIN, 45-53. 
 
 For use of land by tenant, see LANDLORD 
 AND TENANT, V. 
 
 Right to compensation for property de- 
 stroyed in abating nuisance, see NUI- 
 SANCES, 23. 
 
 Receiver's right to, see RECEIVERS, 13. 
 
 Compensation charged by lender's agent as 
 usury, see USURY, 3. 
 
 Right of finder of property to. 37 L.R.A. 
 119. 
 
 Right of pastor to. 38 L.R.A. 689; 52 L.R.A. 
 (N.S.) 171. 
 
 Right of promoter to recover from fellow- 
 promoters compensation for promotion 
 services. L.R.A.1918E, 844. 
 
 For services by member of syndicate. 40 
 L.R.A. 226. 
 
 Of carrier for pens and stock yards. 44 
 L.R.A. 295. 
 
 For purchase of plant for supplying water 
 to municipality. 61 L.R.A. 48. 
 
 For water power granted. 67 L.R.A. 401. 
 
 Right of abutting owner for compensation 
 for vacation of highway. 36 L.R.A. 
 (N.S.) 1115. 
 
 Tenant's right to compensation for improve- 
 ments under covenant by landlord to 
 pay at expiration of term, where lease 
 is forfeited for default of tenant. 24 
 L.R.A.(N.S.) 1082. 
 
 Libel in charging one with exacting exces- 
 sive compensation for goods or services. 
 40 L.R.A.(N.S.) 79. 
 
 COMPETENCY. 
 
 Of judge, see JUDGES, 3. 
 
 Of juror, see JURY, 11, 14. 
 
 Of witnesses, see WITNESSES, 9-25. 
 
 COMPETING RAILROADS. 
 
 Consolidation of, see RAILROADS, 9-11.
 
 208 
 
 INDEX TO L.R.A. NOTES. 
 
 COMPETITION. 
 
 AB to contracts in restraint of, see CON- 
 TRACTS, 107-109, 117, 118; MONOP- 
 OLY AND COMBINATIONS. 
 
 Injunction against engaging in, see INJUNC- 
 TION, 13, 14. 
 
 Suppression of, at judicial sale, see JUDI- 
 CIAL SALE, 9a. 
 
 Agreement by servant not to engage in com- 
 peting business, see MASTER AND SERV- 
 ANT, 8, 16. 
 
 Right to trademark as against competitor, 
 see TRADEMARK. 
 
 Right to trade name as against competitor, 
 see TRADENAME. 
 
 Unfair competition, see UNFAIR COMPE- 
 TITION. 
 
 Does the competition with one's business, 
 which results from the ultra vires act 
 of a corporation, entitle him to chal- 
 lenge the power of the corporation to 
 engage therein. 12 L.R.A.(N.S.) 757. 
 
 Right of one selling business and good will 
 to engage in competing business. 19 
 L.R.A.(N.S.) 762. 
 
 Liability of individual in absence of any 
 element of conspiracy for driving away 
 another's customers. 22 L.R.A. (N.S.) 
 1224; L.R.A.1916B, 1180. 
 
 Right of husband to prevent wife engaging 
 in separate business in competition 
 with his own. 32 L.R.A.(N.S.) 837. 
 
 Competition with owner of fee as affect- 
 ing use to which railroad right of 
 way may be devoted. 36 L.R.A.(N.S.) 
 515. 
 
 Subsequent competition with employer as 
 defense to action for damages by wrong- 
 fully discharged employee. 6 L.R.A. 
 (N.S.) 79. 
 
 Validity of agreement to surrender right to 
 purchase property at private sale. 44 
 L.R.A. (N.S.) 1115. 
 
 Right of public service corporation to chal- 
 lenge powers or privileges of rival. 
 L.R.A.1916B, 1087. 
 
 COMPILATION. 
 
 Of Jaws, power of legislature to enact or 
 amend by single statute. 55 L.R.A. 
 833. 
 
 COMPILER. 
 
 Common-law right of compiler of literary 
 materials. 51 L.R.A. 358. 
 
 COMPLAINT. 
 
 In contempt proceedings, see CONTFMPT, 4. 
 In criminal prosecution, see INDICTMENT, 
 
 ETC. 
 In civil cases, see PLEADING, 16-35. 
 
 COMPLETE OWNERSHIP. 
 
 Of insured property, see INSURANCE, 67. 
 
 COMPLICATED ISSUES. 
 
 Denial of jury trial because of. 39 L.R.A. 
 (N.S.) 45. 
 
 COMPLIMENTARY PASS. 
 
 Right of person riding on. 22 L.R.A. 796. 
 
 COMPOSITIONS. 
 
 Power of school authorities to require prep- 
 aration of, by pupils. 47 L.R.A. (N.S.) 
 202. 
 
 Giving prize for composition as lottery. 6 
 B. R. C. 780. 
 
 COMPOSITION WITH CREDITORS. 
 
 1. Generally. 
 
 Validity of, generally. 20 L.R.A. 802. 
 Set-off in case of overpayment. 55 L.R.A. 
 
 50. 
 New promise after discharge by. 53 L.R.A. 
 
 363. 
 Applicability to composition agreements of 
 
 rule as to payment of part of liquidated 
 
 and undisputed debt as consideration 
 
 for discharge of the whole. 11 L.R.A. 
 
 (N.S.) 1024. 
 Composition with creditors: preference 
 
 created by act or undertaking of third 
 
 party. 2 B. R. C. 460. 
 
 2. Effect of giving one creditor a 
 secret advantage. 
 
 Effect on the composition. 27 L.R.A. 33. 
 
 Action on original claims. 27 L.R.A. 35. 
 
 Contracts to induce assent to a composition. 
 27 L.R.A. 36. 
 
 Action for balance. 27 L.R.A. 38. 
 
 Reservation of part of the original claim 
 from the composition. 27 L.R.A. 38. 
 
 Liability to creditor on obtaining a fraudu- 
 lent preference. 27 L.R.A. 39. 
 
 Composition not general. 27 L.R.A. 39. 
 
 irith this booh on every laic question. 
 
 COMPOUNDING FELONY. 
 
 Validity of contracts for, see CONTRACTS, 
 91. 
 
 Effect of award founded upon. 58 L.R.A. 
 
 182. 
 Compounding, injunction against enforcing 
 
 contract for. 48 L.R.A. 848. 
 As ground of injunction against judg- 
 ments by confession. 30 L.R.A. 
 240.
 
 INDEX TO L.R.A. NOTES. 
 
 20!) 
 
 COMPOUNDING FELONY cont'd 
 
 Actual commission of antecedent crime as 
 an ingredient of the offense. 7 L.R.A. 
 (N.S.) 709. 
 
 Right to recover back money paid to sup- 
 press a threatened prosecution for a 
 crime. L.R.A.1918C, 73. 
 
 Right to recover back money loaned for 
 the purpose of being used to compound 
 a felony or with knowledge of bor- 
 rower's intention so to use it. L.R.A. 
 1918C, 248. 
 
 COMPOUNDING MEDICINE. 
 
 Dutv of druggist or apothecary in. 29 
 *L.R.A.(N.S.) 900; 47 L.R.A.(N.S.) 673. 
 
 COMPOUND INTEREST. 
 
 In general, see INTEREST, 20. 
 As usury, see USUBT, 8. 
 
 Conclusiveness of stated or settled account 
 containing inaccuracy or error in 
 charging. 23 L.R.A. (N.S.) 790. 
 
 COMPRESSED AIR. 
 
 Liability of employer for injury to employee 
 by air forced into body by other em- 
 ployees. L.R.A.1918E, 508. 
 
 Recovery under Workmen's Compensation 
 Act for injuries resulting from turning 
 of compressed air hose on fellow-em- 
 ployee in sport. L.R.A.1918E, 505. 
 
 COMPRESSING COTTON. 
 
 Delegation by legislature to railroad com- 
 mission of power as to. 32 L.R.A. 
 (N.S.) 652. 
 
 Effect of breaking continuity of shipment 
 of cotton for purpose of compressing it, 
 upon its interstate character. L.R.A. 
 1917D, 1190. 
 
 Transit privilege as to. L.R.A. 191 8A, 178. 
 
 COMPROMISE AND SETTLEMENT. 
 
 1. Generally. 
 
 Of suit by client, see ATTORNEYS, 20. 
 
 Of claim for wrongful death, see DEATH, 14. 
 
 Of divorce suit, see DIVORCE AND SEPAR- 
 ATION, 6. 
 
 Of infant's cause of action, see INFANTS, 34. 
 
 Effect of good faith in respect to, see GOOD 
 FAITH, 3. 
 
 See also ACCORD AND SATISFACTION. 
 
 Attempt to compromise action for death or 
 bodily injury in other state as condi- 
 tion of maintaining action. 56 L.R.A. 
 222. 
 
 As defense on action for debts assumed on 
 dissolution of partnership. 9 L.R.A. 
 (N.S.) 111. 
 
 Basis for computing share of attorney en- 
 titled to certain proportion of recovery, 
 where suit is compromised for certain 
 sum and attorney's fee. 22 L.R.A. 
 (N.S.) 776. 
 
 Consult also L.R.A. Digests of Cases. 
 
 COMPROMISE AND SETTLEMENT 
 cont'd 
 
 Liability of public officer to sureties of an- 
 other public officer for loss sustained 
 by them through former's neglect to 
 require proper settlement of accounts. 
 28 L.R.A.(N.S.) 115. 
 
 Injunction against judgment obtained in 
 violation of agreement for. 30 L.R.A. 
 790. 
 
 Voluntariness of confession induced by 
 promise to obtain compromise of crimi- 
 nal prosecution. 18 L.R.A. (N.S.) 822. 
 
 Voluntariness of confession induced by 
 promise to settle civil action. 18 
 L.R.A.(N.S.) 823. 
 
 Loss by attorney of compensation by un- 
 authorized compromise. 42 L.R.A. 
 (N.S.) 852. 
 
 Right of minority stockholders to prevent. 
 43 L.R.A.(N."S.) 498. 
 
 Fraud or perjury as ground of attack-upon 
 a judgment entered upon stipulation 
 or compromise. 45 L.R.A. (N.S.) 1159. 
 
 Propriety of reference by counsel in argu- 
 ment to jury to oners of settlement. 
 L.R.A.1918D," 68. 
 
 2. What is a proper subject of. 
 
 Must a claim be doubtful to sustain a 
 compromise. 15 L.R.A. 438. 
 
 May void, invalid, or unfounded claim be 
 the subject of a valid compromise'. 
 25 L.R.A. (N.S.) 275. 
 
 Right to compromise or settle bastardy pro- 
 ceedings. L.R.A.1918D, 291. 
 
 3. Who may make. 
 
 Authority of attorney to compromise cause 
 of action, see ATTORNEYS, 14. 
 
 Of action for death, who mav make. 21 
 L.R.A. 158. 
 
 Validity of contract between husband and 
 wife to compromise pending or con- 
 templated divorce suit. 60 L.R.A. 406. 
 
 By assignee for creditors. 23 L.R.A. 578. 
 
 Right of parent, guardian, or next friend to 
 compromise infant's cause of action for 
 personal injuries. 21 L.R.A. (N.S.) 
 338; L.R.A.1918C, 68. 
 
 By personal representative of claim due 
 estate. 14 L.R.A. 414. 
 
 Settlement of cause of action for death by 
 beneficiaries without assent of exe- 
 cutor or administrator. 35 L.R.A. 
 (N.S.) 207. 
 
 Authority of pledgee to compromise obliga- 
 tions held as collateral security. 28 
 L.R.A. (N.S.) 980. 
 
 Implied authority of claim agent to promise 
 employment to induce settlement of 
 claim. 38 L.R.A. (N.S.) 826. 
 
 Power of president and vice president of 
 corporation to compromise or settle 
 claims. 14 L.R.A. 359. 
 
 Power of indemnity insurer with respect to 
 settlement of claims. 6 L.R.A. (N.S. ) 
 562; 52 L.R.A. (N.S.) 126. 
 
 Right of town, county or municipality to 
 surrender valid claim on partial pay- 
 ment thereof. 19 L.R.A. (N.S.) 320. 
 14
 
 INDEX TO L.R.A. NOTES. 
 
 COMPROMISE AND SETTLEMENT 
 
 cont'd 
 Right of insured under policy indemnifying 
 
 against liability for damages or injiirx, 
 
 to settle the part of a claim in excess 
 
 of insurer's liability. L.R.A.1917D, 
 
 957. 
 Right of parties to compromise or settle 
 
 bastardy proceedings. L.R.A. 1918D, 
 
 291. 
 
 4. Consideration for. 
 
 Consideration for compromise of bastardy 
 proceedings. L.R.A.1918D, 300. 
 
 Sufficiency of consideration for compromise 
 of void, invalid, or unfounded claim. 
 25 L.R.A.(N.S.) 288. 
 
 Partial payment of liquidated and undisput- 
 ed debt as consideration* for discharge 
 of entire debt. 11 L.R.A.(N.S.) 1018; 
 21 L.R.A.(N.S.) 1005; L.R.A.1917A, 
 719. 
 
 Promise of additional compensation for 
 completing an executory contract other 
 than for the payment of money. 11 
 L.R.A.(N.S.) 789; 28 L.R.A.(N.S.) 
 450. 
 
 5. As consideration for promise. 
 Compromise or settlement of invalid claim 
 
 as consideration for a promise. 5 
 
 L.R.A.(N.S.) 725. 
 
 6. Validity; effect. 
 
 Effect of fraud on, see FRAUD AND DECEIT, 
 
 17. 
 Effect of mistake, see MISTAKE, 13. 
 
 Binding effect of settlement by sole heir or 
 distributee of claim belonging to estate 
 upon administrator. 11 L.R.A. (N.S.) 
 148. 
 
 Validity of new contract based on compro- 
 mise of illegal contract. 9 L.R.A. 
 (N.S.) 568. 
 
 Effect of compromise of void, invalid, or 
 unfounded claim. 25 L.R.A.-(N.S.) 283. 
 
 Effect of compromise agreement locating 
 division line at place known not to be 
 the true boundary. 10 L.R.A. (N.S.) 
 610. 
 
 Does settlement by injured person of his 
 claim against tort feasor preclude an 
 action for liis death resulting from the 
 injury. 27 L.R.A.(N.S.) 176; L.R.A. 
 1915E, 1163. 
 
 Settlement by beneficiary with trustee as 
 preventing former from holding latter 
 liable for losses to trust estate from 
 investments. 44 L.R.A. (N.S.) 980. 
 
 Right to maintain action on original claim 
 for mere failure to pay at time stipu- 
 lated in compromise agreement. 45 
 L.R.A.(N.S.) 1062. 
 
 Effect of settlement of claim on liability of 
 indemnity insurance company. 52 
 L.R.A. (N.S.) 128. 
 
 Effect of, on right to maintain an action 
 for malicious prosecution. L.R.A. 
 1915A, 601. 
 
 Effect of compromise by original insurer on 
 
 COMPROMISE AND SETTLEMENT 
 cont'd 
 
 Settlement between insured and tort-feasor 
 as affecting insurer's rights to subroga- 
 tion. L.R.A. 1916A, 128-2. 
 
 Unaccepted offer of, as tolling statute of 
 limitations. 37 L.R.A. (N.S.) 885. 
 
 As affecting right to protection under re- 
 cording law of mortgage given for pre- 
 existing indebtedness. 33 L.R.A. (N.S.) 
 61. 
 
 Termination of civil action by, so as to sup- 
 port suit for malicious prosecution. 
 2 L.R.A. (N.S.) 952. 
 
 Termination of criminal prosecution by, so 
 as to support suit for malicious prose- 
 cution. 2 L.R.A.(N.S.) 945. 
 
 7. Relief from. 
 
 Rescission of compromise of void, invalid, 
 or unfounded claim. 25 L.R.A. (N.S.) 
 308. 
 
 Relief from mistake as to compromise and 
 settlement. 28 L.R.A. (NJS.) 841, 
 
 Mistake as to state of account or amount 
 due as ground of relief from compro- 
 mise agreement. 46 L.R.A. (N.S.) 279. 
 
 Collateral attack for fraud not affecting 
 jurisdiction. 36 L.R.A. (N.S.) 982. 
 
 In case of settlement under accident insur- 
 ance policy under mistake as to extent 
 of injury. L.R.A.1918E, 931. 
 
 Settlements and releases of each other by 
 corporate promoters. L.R.A.1918E, 840. 
 
 COMPTROLLER. 
 
 Power of courts to enforce ministerial du- 
 
 ties of state comptroller. 
 (N.S.) 438. 
 
 52 L.R.A. 
 
 COMPULSION. 
 
 See DURESS. 
 
 COMPULSORY ATTENDANCE. 
 
 At school, see SCHOOLS, 3, 3a. 
 
 COMPULSORY DRAINAGE. 
 
 Compulsory provision for permitting con- 
 nection of property with drain or 
 sewer. 70 L.R.A. 242. 
 
 COMPULSORY 
 
 See SCHOOLS, 3a. 
 
 EDUCATION. 
 
 COMPULSORY FEES. 
 
 liability of reinsurer. 6 B. R. C. 896. Of pilot, see PILOT, 2. 
 Begin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 211 
 
 COMPULSORY INDUSTRIAL INSUR- 
 ANCE. 
 
 See INSURANCE, 3. 
 
 COMPULSORY MILITARY SERVICE. 
 
 Validity of statute making military service 
 compulsory. 7 B. R. C. 593. 
 
 Purchase of substitute for husband in army 
 as a family expense or necessary within 
 statute rendering wife or her property 
 liable therefor. L.R.A.1917F, 864. 
 
 Court decisions under Selective Service Act 
 of May 18, 1917. L.R.A.1918E, 1018. 
 
 COMPULSORY PAYMENT. 
 
 Recovery back of money paid involuntarily, 
 see'AsstMPSiT, 4. 
 
 Extinction of judgment against principals 
 by compulsorv payment by surety. 68 
 L.R.A. 583. 
 
 When payment of license fee is compulsory. 
 22 L*.R.A.(N.S.) 873. 
 
 COMPULSORY REFERENCE. 
 
 See REFERENCE, 2. 
 
 COMPULSORY SERVICE. 
 
 Compulsory military service, see COMPUL- 
 
 SORY MILITARY SERVICE. 
 By carrier, see CARRIERS, 40, 109, 139, 
 
 ]40, 149. 
 
 By gas company, see GAS, 5, 6. 
 By innkeeper, see INNKEEPERS, 12. 
 By railroad company, see RAILROADS, 44. 
 By street railway company, see STREET 
 
 RAILWAYS, 9. 
 
 By telegraph company, see TELEGRAPHS, 6. 
 By telephone company, see TELEPHONES, 8. 
 By water company, see WATERS, 114, 115. 
 
 Bv party whose business it is to serve the 
 
 public. 15 L.R.A. 321. 
 Power to require carriers to transport per- 
 
 sons in public service at reduced rates. 
 
 33 L.R.A.(N.S.) 056. 
 Power to require public service corpora- 
 
 tion to carry municipal wires on its 
 
 poles. 32 L.R.A. (N.S..) 997. 
 Compulsory use of private property in road 
 
 work. 42 L.R.A.(N.S.) 1045; L.R.A. 
 
 1918D, 974. 
 
 COMPULSORY VACCINATION. 
 
 See VACCINATION. 
 
 Consult also L.R.A. Digests of Cases. 
 
 COMPULSORY WITNESS. 
 
 Right of party calling to impeach. 21 
 L.R.A. 422. 
 
 COMPUTATION. 
 
 Of time, see TIME, 16-19. 
 
 Mistake in computation by contractor as 
 
 ground for relief. L.R.A.1917D, 745. 
 Mistake in computation by contractor as' 
 
 ground for relief. 10 L.R.A.(N.S.) 
 
 114. 
 Necessity of jury to compute damages on 
 
 default judgment. 20 L.R.A. (N.S.) 1. 
 
 CONCEALED WEAPONS. 
 
 Carrying of, see CARRYING WEAPONS. 
 
 CONCEALMENT. 
 
 Of property by bankrupt, see BANKRUPTCY, 
 
 ' 21. 
 As defense to action for breach of promise, 
 
 see BREACH OF PROMISE, 4, 5. 
 Effect of concealment as to character on 
 
 marital relation, see CHARACTER, 3. 
 As basis of estoppel, see ESTOPPEL, 28. 
 As fraud, see FRAUD AND DECEIT, 6. 
 Effect of generally, see FRAUD AND DECEIT, 
 
 29-31. 
 Effect of, on running of limitations, see 
 
 LIMITATION OF ACTIONS, 36. 
 
 Effect of delay in probating concealed wills. 
 
 57 L.R.A. 258. 
 Of other crime, as motive for crime charged. 
 
 62 L.R.A. 211. 
 Of document as ground for disbarment or 
 
 suspension of attorney. L.R.A.1917B, 
 
 384. 
 Of cause of action as suspending Statute of 
 
 Limitation against action for personal 
 
 injuries or death. L.R.A.1917B, 1259. 
 
 CONCERTS. 
 
 As violation of Sunday laws. 30 L.R.A. 
 (N.S.) 468. 
 
 CONCESSIONARIES. 
 
 Liability of one conducting place of amuse- 
 ment for injury to patron through neg- 
 ligence of. 14 L.R.A.(N.S.) 284; 32 
 L.R.A. (N.S.) 717; 42 L.R.A. (N.S.) 
 1073; L.R.A.1915F, 696.
 
 212 
 
 INDEX TO L.R.A. NOTES. 
 
 CONCLUSIY1.M SS. 
 
 Of account stated. *< Ai.vor.NTS, 2. 
 
 Of findings on appeal, see APPEAL AND 
 
 KKHOH. ^ lil-34. 
 
 of (.ill of lading. see CARRIERS, 108. 
 Of decisions of tribunals of associations, 
 
 see COURT, 11. 
 Of evidence, see EVIDENCE, XIII 
 Of judgment, see JUDGMENT, III. 
 Of an enrolled bill, see STATUTES, 12. 
 
 Of 
 
 of 
 
 recitals in legislative journals. 40 
 L.R.A.(N.S.) 35. 
 
 witness's statement that documents 
 ordered to be produced would tend to 
 criminate him. 24 L.R.A.(N.S.) 170. 
 Of witness's statement that answer to ques- 
 tion against which he pleads his privi- 
 lege would tend to incriminate him. 
 49 L.R.A.(N.S.) 826. 
 
 CONCUBINE. 
 
 Right to recover for household services 
 rendered by. 29 L.R.A,(N.S.) 787; 
 L.R.A.1917B, 683. 
 
 CONCURRENT ACTIONS. 
 
 For death and injury. 34 L.R.A. 801. 
 
 CONCURRENT INSURANCE. 
 
 See INSURANCE, 80, 199, 200. 
 
 CONCURRENT JURISDICTION. 
 
 Of court; see COURTS, 48-54. 
 
 CONCURRENT REMEDIES. 
 
 In patent cases. 51 L.R.A. 801. 
 
 CONCUSSION. 
 
 Liability for injury to person or property 
 from concussion caused by blasting. 
 12 L.RA.(N.S.) 389; 27 L.R.A. (X.S.) 
 425; L.R.A.1915E, 356. 
 
 CONDEMNATION PROCEEDINGS. 
 
 In general, see EMINENT DOMAIN. 
 Measure of damages in, see DAMAGES, 
 82-93. 
 
 -- 
 
 CONDITION. 
 
 Of money tendered as fare, see CARRIERS, 
 
 19- 
 Conditions, see CONDITIONS. 
 
 CONDITIONAL, ESTATE. 
 
 See CONDITIONS, II. 
 
 CONDITIONAL. GUARANTY. 
 
 See GUARANTY. 
 
 CONCURRENT LIABILITY. 
 
 Of insurers, see INSURANCE, VIII. g. 
 
 In case of injury by electric wires in high- 
 way. 31 L.R.A. 586. 
 
 For injuries caused by condition of chat- 
 tels delivered to master of one injured 
 thereby. 46 L.R.A. 122. 
 
 Municipal liability for injury by defect or 
 obstruction in street concurring with 
 liability of third person. 20 L.R.A. 
 (N.S.)"760. 
 
 CONCURRENT NEGLIGENCE. 
 
 In general, see MASTER AND SERVANT, 49; 
 
 'NEGLIGENCE. 8. 
 
 Of master and fellow servant, see MASTER 
 
 AND SERVANT, 133. 134. 
 As affecting doctrine of last clear chance, 
 
 see NEGLIGENCE, .10. 
 
 CONDITIONAL. INSTRUMENT. 
 
 Forgery of. 24 L.R.A. 43. 
 
 CONDITIONAL. PARDON. 
 
 See CRIMINAL LAW, 86. 
 
 CONDITIONAL. PROMISE. 
 
 Effect of to constitute account stated. 27 
 
 L.R.A. 817. 
 By indorser to pay note after dishonor. 29 
 
 L.R.A. 313. 
 
 iritli tlti* hiiok on every lair qucRtion. 
 
 CONDITIONAL SALE. 
 
 Conflict of laws as to, see CONFLICT or 
 
 LAWS, 33. 
 In general, see SALE, 15-20, 48-52.
 
 INDEX TO L.R.A. NOTES. 
 
 213 
 
 CONDITIONS. 
 
 7. In genei'al, 1-7. 
 II. Relating to real property, 
 
 V 
 I. In general. 
 
 8-13. 
 
 1. Generally. 
 
 To transfer of cause to appellate court, see 
 
 APPEAL AND ERROR, 13. 
 Conditions at auction, see AUCTION. 
 Conditions of issuance of commercial bonds, 
 
 see BONDS, 22. 
 In railway ticket or pass, see CARRIEBS, 
 
 III. g. 
 
 As to performance of contract, see CON- 
 TRACTS, 140-142. 
 To rescission of contract, see CONTRACTS, 
 
 155. 
 
 Covenants, see COVENANTS. 
 Conditions upon which foreign corporation 
 
 may transact business in state, see 
 
 CORPORATIONS, XI. b. 
 In pardon, see CRIMINAL LAW, 86. 
 Parol evidence as to, see EVIDENCE, 173, 
 
 180. 
 
 In insurance policy, see INSURANCE, V, h. 
 To cancelation of insurance policy, see 
 
 INSURANCE, 51. 
 
 In restraint of marriage, see MARRIAGE, 3. 
 Condition in violation of rule against per- 
 petuities, see PERPETUITIES. 
 In contract of sale, see SALE, 15-20, 48- 
 
 52. 
 To specific performance of contract, see 
 
 SPECIFIC PERFORMANCE, 3. 
 In telegraph blank, see TELEGRAPHS, 20, 
 
 21. 
 
 Of suit against heirs for debts of ancestor. 
 21 L.R.A. 92. 
 
 Effect of payment on condition to take 
 debt out of bar of limitations. 55 
 L.R.A. 320. 
 
 Reasonableness of new by-laws as implied 
 condition of consent to change of by- 
 laws. 8 L.R.A. (N.S.) 521. 
 
 Continuance of family as condition of con- 
 tinuance of homestead where its exist- 
 ence is a condition of the inception of 
 the homestead. 16 L.R.A. (N.S.) 111. 
 
 Independent advice as condition of valid 
 gift inter vivos between parties occupy- 
 ing confidential relations. 16 L.R.A. 
 (N.S.) 1087. 
 
 In penal bond, effect on form of judgment. 
 62 L.R.A. 433. 
 
 Rebuttal of presumption of acceptance of 
 assignment or deed of trust for credit- 
 ors by conditions in. 24 L.R.A. 374. 
 
 Imposition of conditions indicating intent 
 to retain title on delivery of personalty 
 to carrier. 22 L.R.A. 424. 
 
 Sufficiency of conditional tender of amount 
 due on mortgage or pledge. 33 L.R.A. 
 234, 236. 
 
 IB servant bound by restrictive provision 
 against conducting rival business where 
 he is wrongfully discharged. 1 B. R. C. 
 502. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONDITIONS, I. cont'd 
 
 Condition imposed by manufacturer as to 
 retail price as binding upon retailer 
 purchasing from middleman. 3 B. R. 
 C. 299. 
 
 Enforceability of conditional subscriptions 
 to charity. 48 L.R.A. (N.S.) 802. 
 
 Modification prior to sale of conditions im- 
 posed upon judicial sale of property. 
 L.R.A.1915A, 699. 
 
 Requiring examinations as condition of ad- 
 mission or promotion of school pupils. 
 L.R.A.1917C, 997. 
 
 la. In will. 
 
 See WILLS, 83-90. 
 
 2. Relating to bills or notes. 
 
 Extrinsic evidence to show who is liable 
 as maker of note where signature is 
 conditional. 20 L.R.A. 713. 
 
 Contemporaneous agreements constituting 
 condition of delivery of note. 43 L.R.A. 
 480. 
 
 Admissibility of parol evidence to show that 
 bill or note was delivered upon con- 
 dition. 18 L.R.A. (N.S.) 288; L.R.A. 
 1917C, 306. 
 
 Admissibility of parol evidence that writ- 
 ten instrument for payment of money 
 was executed in reliance upon parol 
 promise that payment was subject to 
 a condition not incorporated therein. 
 18 L.R.A. (N.S.) 434. 
 
 3. Relating to corporations. 
 
 Statutory conditions as to right of foreign 
 corporation to do business in the state, 
 see CORPORATIONS, 147. 
 
 Conditional sanction by legislature to con- 
 solidation of corporation. 52 L.R.A. 
 372. 
 
 Condition against foreign corporation in- 
 voking Federal jurisdiction. 24 L.R.A. 
 294. 
 
 Express or implied condition in service of 
 process on foreign corporation. 50 
 L.R.A. 590. 
 
 4. To consent by municipality. 
 
 On giving consent to laying of street rail- 
 way tracks, see STREET RAILWAYS, 6. 
 
 Imposition of conditions upon municipality 
 
 on permitting use of highway for water 
 
 pipes. 61 L.R.A. 78. 
 Municipal power to impose conditions when 
 
 giving consent to railway in street. 
 
 36 L.R.A. 33. 
 Power to impose conditions on right of 
 
 burial. 27 L.R.A.(N.S.) 265. 
 
 5. Conditions precedent. 
 
 To action, see ACTION OR SUIT, 8-11. 
 
 To judgment creditor's right to receiver- 
 ship, see RECEIVERS, 4. 
 
 To rescission of contract of sale, see SALE, 
 63, 64. 
 
 To recovery back of tax paid, see TAXES, 
 87. 
 
 In will, see WILLS, 89.
 
 214 
 
 INDEX TO L.R.A. .NOTES. 
 
 CONDITIONS, I. cont'd 
 
 l mulition against taking effect of deed 
 until signed by others. 45 L.R.A. 341. 
 
 Character, as creating a condition precedent 
 or subsequent, of testame'ntary provi- 
 sion that beneficiary shall assume or 
 use a certain name. 7 B. R. C. 192. 
 
 Provision in devise for payment of a sum 
 of money, or for the support of a third 
 person, as a condition precedent. L.R.A. 
 1917A, 626. 
 
 Conditions precedent to issuance of manda- 
 mus to compel issuance of bonds of mu- 
 nicipality or other public corporation. 
 L.R.A.1918C, 421. 
 
 Execution of contract on condition that 
 others shall sign. 45 L.R.A. 321. 
 
 Sale with particular description as to kind 
 or quality as a condition precedent or 
 a warranty. 35 L.R.A. (N.S.) 265. 
 
 Condition in fire policy as to keeping, pro- 
 ducing, and preserving books as a con- 
 dition precedent. 51 L.R.A. 699, 702, 
 710. 
 
 Payment for, as condition precedent to use 
 of party wall. 66 L.R.A. 691. 
 
 To equitable relief against forfeiture of 
 estate. 69 L.R.A. 836. 
 
 Conditions precedent to execution sale of 
 propertv owned by third parties. 30 
 L.R.A. 170. 
 
 Conditions precedent to rescission or aban- 
 donment of contract for other party's 
 default. 30 L.R.A. 36. 
 
 Membership in association as condition of 
 right to transact particular kind of 
 business. 6 L.R.A. (N.S.) 433. 
 
 Demand for trial as condition precedent to 
 discharge of accused for delay. 56 
 L.R.A. 538; 44 L.R.A. ( N.S. ) 871. 
 
 Necessity of strict compliance with condi- 
 tions of escrow agreement. L.R A 
 1916A, 502. 
 
 Order of arrest or capias ad respondendum 
 a - s condition to body execution. L.R.A. 
 1915 A, 706. 
 
 Conditional subscriptions to charity. 48 
 L.R.A.(N.S.) 802. 
 
 Return of consideration as condition pre- 
 cedent to right to set up defense that 
 contract was made on Sunday. 44 
 L.R.A.(N.S.) 289. 
 
 Condition precedent to relief of member of 
 labor union from unlawful fine or sus- 
 pension. 45 L.R. A. (N.S.) 356. 
 
 Compensation upon revocation of license 
 
 with respect to 
 L.R.A. (N.S.) 557. 
 
 real property. 44 
 
 Furnishing of receptacles by buyer as pro- 
 vided in contract, as condition pre- 
 cedent to obligation of seller. L.R.A 
 1916D, 730. 
 
 Payment by lessor of tax or assessment as 
 condition precedent to recovery by 
 lessee under covenant in lease. L.R A 
 1915A, 355. 
 
 6. Condition subsequent. 
 
 Character, as creating a condition precedent 
 or subsequent, of testamentary provi- 
 sion that beneficiary shall assume or 
 use a certain name. 7 B. R. C. 192. 
 
 CONDITIONS, t cont'd 
 
 Provision in devise for payment of a sum 
 of money, or for the support of a third 
 person, as a condition subsequent. 
 L.R.A.1917A, 629. 
 
 Effect on a condition subsequent of a suc- 
 ceeding law or act of God preventing 
 its performance. 21 L.R.A. 58. 
 
 7. forfeiture for breach of. 
 
 Forfeiture for breacli of covenants, see COV- 
 ENANTS, 20, 24. 
 
 For breach of condition subsequent in will, 
 see WILLS, 89. 
 
 For breach of conditional pardon. 14 
 L.R.A. 288. 
 
 Municipal declaration of forfeiture of 
 street franchise or privilege for breacli 
 of conditions as a judicial determina- 
 tion. 4 L.R. A. (N.S.) 321. 
 
 Effect of provision for forfeiture of sums- 
 paid or retained under executory con- 
 tract to prevent recovery of any other 
 damages after breach of contract. 4 
 L.R.A.(N.S.) 755. 
 
 What amounts to a contest within forfeiture 
 clause in a will. 21 L.R.A. (N.S.) 953, 
 
 II. Relating to real property. 
 
 8. Generally. 
 
 Restrictive conditions or covenants, see 
 
 COVENANTS, 5-7, 21-25. 
 As to delivery of deed, see DEEDS, 6-9; 
 
 ESCROW. 
 In wills, see WILLS, 83-90. 
 
 Effect of language in deed indicating pur- 
 pose of grant or use to which property 
 is to be put. L.R.A.1918B, 696. 
 
 Liability of grantee upon a condition in 
 deed poll. 23 L.R.A. 396. 
 
 Right of purchaser under title bond in 
 possession to question grantor's right to 
 collect purchase money where condi- 
 tions of title bond are dependent. 21 
 L.R.A.(N.S.) 380. 
 
 Condition in deed that land is to be used 
 for a specified charitable or quasi pub- 
 lic purpose. 19 L.R.A. 262. 
 
 Validity of restraint on alienation of fee 
 simple during limited time. 3 
 L.R.A. (N.S.) 668. 
 
 . , Condition in deed against sale during 
 lifetime of grantor. L.R.A.1916D, 
 930. 
 
 Validity of restraints on alienation of legal 
 life estates. L.R.A.1918E, 571. 
 
 Validity of limitation of power of aliena- 
 tion imposed upon grant of equitable 
 estate to married woman. 28 L.R.A. 
 (N.S.) 426; L.R.A.1917A, 679. 
 
 Validity and effect of a provision in a lease 
 or deed against using or leasing oth- 
 er property for competing business. 
 L.R.A.1918E, 665. 
 
 Parol evidence that release was delivered 
 on condition. 36 L.R.A. (N.S.) 1147. 
 
 Dower in conditional estate. 22 L.R.A. 
 (N.S.) 691; 39 L.R. A. (N.S.) 307. 
 
 Sale of real property as an abandonment. 
 
 Begin \cith this booJc on every law question. 
 
 10 L.R.A. (N.S.) 633.
 
 INDEX TO L.R.A. NOTES. 
 
 215 
 
 CONDITIONS, II. cont'd 
 9. For construction of railroad with- 
 in specified time. 
 
 Character and effect of provision in deed 
 to railroad for construction of 
 road within a specified time. 32 
 L.R.A.(N.S.) 117. 
 
 10. Conditions subsequent. 
 
 Effect on a condition subsequent of a suc- 
 ceeding law or act of God preventing 
 its performance. 21 L.R.A. 58. 
 
 Effect of license to commit a breach of a 
 condition subsequent, or waiver of a 
 past breach thereof, to extinguish the 
 condition. 11 L.R.A.(N.S.) 398. 
 
 Right to compensation, in eminent domain, 
 of grantor tn conveyance of deter min- 
 able fee, or estate upon condition sub- 
 sequent. 22 L.R.A.(N.S.) 1063. 
 
 Relief of grantor in conveyance in considera- 
 tion of agreement to support, which is 
 broken by grantee. 43 L.R.A.(N.S.) 
 916; L.R.A.1917D, 627. 
 
 Provision in lease as to use of property as 
 condition subsequent or special limita- 
 tion. 52 L.R.A.(N.S.) 718. 
 
 Effect of attempted conveyance to extinguish 
 a possibility of reverter upon breach of 
 condition subsequent. L.R.A. 1916F, 
 311. 
 
 Owner's right to compensation for im- 
 provements made by taker entering sub- 
 ject to a condition subsequent. L:R.A. 
 1916F, 991. 
 
 11. forfeiture for breach of. 
 
 Equitable relief against forfeiture of estate 
 for breach of condition. 69 L.R.A. 836, 
 841, 842. 
 
 Suit for damages as waiver of right to for- 
 feit deed for breach of condition. 5 
 L.R.A.(N.S.) 603. 
 
 Tender of deed or abstract of title as condi- 
 tion of enforcing forfeiture for vendee's 
 failure to pay last instalment of pur- 
 chase money. 28 L.R.A. (N.S.) 956. 
 
 Effect upon remainder of forfeiture of life 
 estate for breach of condition subse- 
 quent. 21 L.R.A. (N.S.) 605. 
 
 Suit for damages on waiver of right to for- 
 feit deed for breach of condition. 5 
 L.R.A. (N.S.) 603. 
 
 Necessity of entry or formal declaration of 
 forfeiture as a condition of maintaining 
 action other than for damages, based on 
 breach of condition subsequent in con- 
 veyance of freehold. 14 L.R.A. (N.S. ) 
 1188; 23 L.R.A.(N.S.) 938; L.R.A. 
 1917C, 882. 
 
 Reverter of land dedicated or conveyed for 
 purposes of courthouse upon removal 
 of courthouse, or failure to use land for 
 courthouse purposes. 35 L.R.A. (N.S.) 
 603. 
 
 12. right of entry on condition 
 broken. 
 
 Landlord's right of re-entry for, see LAND- 
 LORD AND TENANT, 94. 
 
 Nature of the right. 60 L.R.A. 750. - 
 Rule against transferability. 60 L.R.A. 754. 
 Exceptions to rule. 60 LJLA. 760. 
 Consult also L.R.A. Digests of Cases. 
 
 13. right to rescind for breach. 
 
 Does grantor's right to rescind for breach 
 of condition as to support descend to 
 his heirs or representatives. 23 L.R.A. 
 (N.S.) 232. 
 
 CONDITIONS BROKEN. 
 
 See CONDITIONS, 7, 11-13. 
 
 CONDITIONS PRECEDENT. 
 
 See CONDITIONS, 5. 
 
 CONDITIONS SUBSEQUENT. 
 
 See CONDITIONS, 6, 7, 10-13. 
 
 CONDONATION. 
 
 As defense to divorce, see DIVORCE, 32. 
 Of servant's breach of duty, see MASTER 
 AND SERVANT, 39. 
 
 CONDUCT. 
 
 Estoppel by, see ESTOPPEL, 13-15. 
 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 673. 
 Effect of conduct of traveler on innkeeper's 
 
 duty as to shelter and entertainment. 
 
 2 B. R. C. 692. 
 
 CONDUCTORS. ' 
 
 In general, see CARRIERS, III. 
 As fellow servant of other railway employ- 
 ees, see MASTER AND SERVANT, 150. 
 
 Authority of, to contract for services of oth- 
 er persons. L.R.A.1918F, 64. 
 
 CONDUIT. 
 
 See also PIPE LINE; PIPES. 
 Under highway, see HIGHWAYS, 22, 23, 
 25. 
 
 CONFECTIONERY. 
 
 Law prohibiting operation of confectionery 
 establishment upon certain premises. 
 44 L.R.A.(N.S.) 48. 
 
 CONFEDERATE BONDS. 
 
 Personal liability of a trustee for losses to 
 estate from investments in. 44 L.R.A. 
 
 (N.S.) 888.
 
 216 
 
 INDEX TO L.R.A. NOTES. 
 
 CONFEDERATE MONEY. 
 
 As medium of payment, see PAYMENT, 9. 
 
 Award on contract for. 58 L.R.A. 383. 
 Injunction against enforcing contracts for. 
 
 48 L.R.A. 843. 
 Injunction against judgment on debt for. 
 
 31 L.R.A. 758. 
 
 CONFEDERATE SOLDIERS. 
 
 Validity of pension or bounty to. 45 L.R.A. 
 (N.S.) 692. 
 
 CONFEDERATE STATES. 
 
 Collusiveness of judgment of courts of. 20 
 L.R.A. 681. 
 
 CONFESSION. 
 
 Admissibility of, see EVIDENCE, IX. 
 Of judgment, see JUDGMENT, 5, 6, 30, 68, 
 89. 
 
 CONFIDENCE GAME. 
 
 See FALSE PBETENSES. 
 
 4 > - 
 
 CONFIDENTIAL, ADVISER. 
 
 Oral promise by confidential adviser to one 
 conveying land to him to hold in trust 
 as giving rise to constructive trust. 39 
 L.R.A.(N.S.) 924. 
 
 CONFIDENTIAL COMMUNICATION. 
 
 Admissibility in evidence, see EVIDENCE, 
 
 220-226. 
 Privilege of, see LIBEL AND SLANDER, III. e. 
 
 Liability for disclosing confidential com* 
 munications. L.R.A.1917C, 1131. 
 
 CONFIDENTIAL RELATIONS. 
 
 See FIDUCIARY RELATIONS. 
 
 CONFINEMENT. 
 
 Of convicted criminal, see CRIMINAL LAW 
 
 VI. 
 Of incompetent person, see INCOMPETENT 
 
 PERSONS, 17. 
 Begin iHth this book on every law question. 
 
 CONFINEMENT cont'd 
 
 Danger to health from, as ground for re- 
 moval or release on bail. 31 L.R.A. 
 (N.S.) 916. 
 
 CONFIRMATION. 
 
 Of judicial sale, see JUDICIAL SALE, 16a. 
 Of bid for public contract. 26 L.R.A. 711. 
 
 +++ 
 
 CONFISCATION. 
 
 Right of state to confiscate cigarettes im- 
 ported for personal use. 4 L.R.A. 
 (N.S.) 528. 
 
 Of property found in bawdyhouse. 52 
 L.R.A. (N.S.) 932. 
 
 Of personal property used in violation of 
 game or fish laws. 3 L.R.A. (N.S.) 
 997; L.R.A.1916F, 913. 
 
 Of property used in violation of law, effect 
 on rights or interests of innocent per- 
 sons. L.R.A.1916E, 343. 
 
 By rates established for public service cor- 
 porations. L.R.A.1915A, 5. 
 
 CONFLICTING GRANTS. 
 
 Of water power. 67 L.R.A. 372. 
 
 CONFLICT OF AUTHORITY. 
 
 As to ratification of forged instrument. 36 
 L.R.A.(N.S.) 1007. 
 
 CONFLICT OF INTERESTS. 
 
 Of principal and agent, see PRINCIPAL AND 
 AGENT, 33-35. 
 
 CONFLICT OF LAWS. 
 
 I. As to rights, 1-37. 
 a. In general, 1. 
 ~b. As to contracts; insurance, 
 2-12. 
 
 c. Domestic relations, 13- 17. 
 
 d. Corporate matters, 18-19a. 
 
 e. Torts and crimes generally; 
 
 penal statutes, 2O-24. 
 
 f. Assignment for creditors; in- 
 
 solvency and bankruptcy pro- 
 ceedings; receivers, 25. 
 
 g. Rights in property generally, 
 
 26, 27. 
 
 h. Transfers of property gener- 
 ally, . 28-31. 
 
 i. Chattel mortgages; conditional 
 sales, 32, 33.
 
 INDEX TO L.R.A. NOTES. 
 
 217 
 
 CONFLICT OF LAWS, I. cont'd 
 
 j. Descent and distribution; 
 
 wills, 34, 35. 
 fc. Talcing liquor into prohibition 
 
 territory, 36. 
 I. As to copyrights, 37. 
 II. As to remedies, 38-45. 
 
 Abatement of action by pendency of suit 
 in other state, see ABATEMENT AND 
 REVIVAL, 6. 
 
 Jurisdiction over nonresidents generally, 
 see COURTS, 19-26. 
 
 Jurisdiction of action with respect to land 
 in another state, see COURTS, 21, 22. 
 
 Conflict of jurisdiction, generally, see 
 COURTS, 48-54. 
 
 Presumption as to foreign laws, see EVI- 
 DENCE, 20. 
 
 Situs of property for purposes of taxation, 
 see TAXES, III. 
 
 Jurisdiction as affected by mode of service 
 of process, see WRIT AND PBOCESS, II. 
 
 /. As to rights, 
 a. In general. 
 
 1. Generally. 
 
 Conflicting interpretations of common-law 
 rules in different jurisdictions. 6 L.R.A. 
 (N.S.) 212; 18 L.R.A. (N.S.) 880. 
 
 Enforcement of wife's liability under stat- 
 ute of another state, for a debt con- 
 tracted by her husband. 17 L.R.A. 
 (N.S.) 426. 
 
 Federal courts following state decisions as 
 to. 40 L.R.A.(N.S.) 426. 
 
 ft. As to contracts; insurance. 
 
 2. Generally. 
 
 Measure of damages for breach of contract. 
 56 L.R.A. 301, 62 L.R.A. 37. 
 
 Interest by way of damages for breach of 
 contract. 56 L.R.A. 303, 62 L.R.A. 37. 
 
 Law governing stipulation in contract mak- 
 ing notice of damages a condition of 
 right of action. 7 L.R.A. (N.S.) 191. 
 
 Place of consummation of contract when 
 offer by letter is accepted by telegram 
 or vice versa. 6 L.R.A. (N.S.) 1016; 
 L.R.A.1916A, 1302. 
 
 Law governing warrant of attorney to con- 
 fess judgment. 38 L.R.A. (N.S.) 814. 
 
 Law governing limitation of actions on con- 
 tract. 48 L.R.A. 625; 6 L.R.A. (N.S.) 
 658. 
 
 Validity of provisions in contract as to 
 place where action may be brought. 
 L.R.A.1916D, 696. 
 
 Conflict of laws as to contracts in relation 
 to real property. L.R.A.1916A, 1011. 
 
 Right to recover on obligation given f r a 
 consideration which is unlawful under 
 the law of the place where the obliga- 
 tion is payable, but good under the law 
 of the place where it was executed. 4 
 B. R. C. 374. 
 
 Enforcement of contract entered into under 
 circumstances not constituting duress 
 by its proper law, but so regarded by 
 the law of the forum. 4 B. R. C. 423. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONFLICT OF LAWS, I. b cont'd 
 3. Sunday contracts. 
 
 Contracts made on Sunday. 34 L.R.A. 
 
 (N.S.) 67. 
 Contract performable on Sundav. 34 
 
 L.R.A. (N.S.) 72. 
 Public policy of forum. 34 L.R.A.(N.S.) 
 
 72. 
 
 4. Gambling and lottery contracts. 
 
 Conflict of laws as to gambling and lottery 
 contracts. 64 L.R.A. 160; 46 L.R.A. 
 (N.S.) 650. 
 
 Right to recover money loaned to be em- 
 ployed in a gambling transaction 
 which, though valid by its proper law, 
 would have been unlawful in the state 
 of the forum. 4 B. R. C. 409. 
 
 5. Bills and notes. 
 
 General commercial principles as opposed 
 to local law. 61 L.R.A. 193; 19 L.R.A. 
 (N.S.) 666. 
 
 Time of payment. 61 L.R.A. 195. 
 
 Mode of acceptance of bill. 61 L.R.A. 196. 
 
 Collateral effect of instrument. 61 L.R.A. 
 199. 
 
 Character and liability of irregular indors- 
 er. 61 L.R.A. 200; 19 L.R.A.(N.S.) 
 668. 
 
 Character of holder. 61 L.R.A. 202; 19 
 L.R.A.(N.S.) 668. 
 
 Negotiability in general; bill or note 
 fraudulently transferred. 61 L.R.A. 
 205; 19 L.R.A.(N.S.) 667. 
 
 Liability of, and defenses available to, 
 maker, or acceptor. 61 L.R.A. 
 206; 19 L.R.A.(N.S.) 670. 
 
 Liability of, and defenses available to, 
 drawer or indorser. 61 L.R.A. 
 212; 19 L.R.A.(N.S-) 672. 
 
 Who may bring action; sufficiency of the 
 indorsement or assignment. 61 L.R.A. 
 222. 
 
 Right tq join primary and secondary obli- 
 gors. 61 L.R.A. 226. 
 
 Law governing extent of recovery. 56 L.R.A. 
 307. 
 
 Conflict of laws as to the validity of trans- 
 fer of commercial paper. 2 B. R. C. 
 304. 
 
 As to acceptance of commercial paper as 
 payment of debt. 35 L.R.A. (N.S.) 108. 
 
 Law governing notes given for insurance 
 premiums. 20 L.R.A. 409. 
 
 Estoppel to deny that note was made in 
 the state where it is dated and payable. 
 2 L.R.A.(N.S.) 299. 
 
 Right to recover on obligation given for a 
 consideration which is unlawful under 
 the law of the place where the obliga- 
 tion is payable, but good under the law 
 of the place where it was executed. 4 
 B. R. C. 374. 
 
 6. Mortgages. 
 
 Usury in, see infra, 7a. 
 
 Law governing real estate mortgage. L.R.A. 
 1916A, 1020, 1028.
 
 218 
 
 INDEX TO L.R.A. NOTES. 
 
 (INFLICT OF LAWS, I. l> cont'd 
 
 CONFLICT OF LAWS, I. b cont'd 
 
 Law governing covenant in real estate mort- 8. Insurance. 
 
 gage. 17 L.R.A.(N.S.) 1094; L.R.A. 
 1916A, 1027. 
 
 Enforcement of mortgage on real property 
 
 valid according to the law of the place 
 
 where made and payable, but usurious 
 
 according to the lex fori et ret sites. 
 
 4 L.R.A.(N.S.) 1191. 
 
 Conflict as to stipulation in mortgage for 
 attorneys' fees. L.R.A.1916A, 1040. 
 
 7. Interest. 
 
 General principles. 62 L.R.A. 34. 
 Contractual interest. 62 L.R.A. 35. 
 Interest as damages. 56 L.R.A. 303; 62 
 
 L.R.A. 37. 
 
 Interest on legacy. 2 L.R.A.(N.S.) 458. 
 Rate allowed by admiralty court in case of 
 
 maritime tort as affected by place of 
 
 occurrence or suit. 51 L.R.A. (N.S.) 
 
 966. 
 Presumption as to law of state as to. 21 
 
 L.R.A. 471; 67 L.R.A. 60. 
 
 7a. Usury. 
 
 As affected by penal or remedial character 
 
 of foreign statute. 62 L.R.A. 42 ; L.R.A. 
 
 1916D, 751. 
 General principles governing choice of law; 
 
 intention. 62 L.R.A. 44; L.R.A.1916D, 
 
 752. 
 Rule that law upholding contract will be 
 
 applied. 62 L.R.A. 49; L.R.A.1916D, 
 
 753. 
 When contract usurious by lex loci con- 
 
 tractus but not by lex loci solutionis. 
 
 62 L.R.A. 51; L.R.A.1916D, 755. 
 When contract usurious by lex loci solu- 
 tionis but not by lex loci contractus. 
 
 62 L.R.A. 55; L.R.A.1916D, 755. 
 When contract usurious by both lex loci 
 
 contractus and lex loci solutionis. 62 
 
 L.R.A. 60. 
 
 When claim of usury is based on transac- 
 tions witih drawer or indorser. 62 
 
 L.R.A. 59. 
 Effect of mortgage security. 55 L.R.A. 933 ; 
 
 62 L.R.A. 61; L.R.A.1916D, 755. 
 Place where money is to be used. 62 L.R.A. 
 
 62; L.R.A.1916D, 755. 
 Lex loci considerationis. 62 L.R.A. 63; 
 
 L.R.A.1916D, 755. 
 
 Renewal contract. L.R.A.1916D, 756. 
 Contracts of foreign building and loan asso- 
 ciations. 62 L.R.A. 64; L.R.A.1916D 
 
 757. 
 Which contract is to be regarded contract 
 
 of principal and surety. 62 L.R.A. 73. 
 Effect of restriction as to rate of interest 
 
 in charter of corporation. 62 L.R.A 
 
 76. 
 Statute forbidding corporation to plead 
 
 u-uiy. 62 L.R.A. 79; 16 L.R.A. (N.S.) 
 
 61(5. 
 
 Applicability of lex fori. 62 L.R.A. 76. 
 Law determining consequences of usury. 
 
 L.R.A.1916D, 759. 
 Presumption as to law of other state. 21 
 
 L.R.A. 471 ; 67 L.R.A. 60. 
 Statute of Limitations as to action for re- 
 covery back. 62 L.R.A. 637. 
 
 Begin tcith this book on every law question. 
 
 Where contract of insurance deemed to have 
 
 been made. 63 L.R.A. 834; 23 L.R.A. 
 
 (N.S.) 968; 52 L.R.A. (N.S.) 275. 
 Choice of laws. 63 L.R.A. 847; 23 L.R.A. 
 
 (N.S.) 971; 52 L.R.A. (N.S.) 277. 
 Laws of state in which insurance company 
 
 is incorporated as binding in other 
 
 states. L.R.A.1916A, 770. 
 Law governing notes given for insurance 
 
 premiums. 20 L.R.A. 409. 
 As to whether insurance broker is agent for 
 
 the insured. 38 L.R.A.(N.S.) 640. 
 
 9. Carriers' contracts. 
 
 General principles. 63 L.R.A. 513; 18 
 L.R.A. (N.S.) 874. 
 
 Application of general principles to partic- 
 ular matters. 63 L.R.A. 525. 
 
 10. limitation of liability. 
 
 As to limitation of carrier's common law 
 liability. 63 L.R.A. 525; 18 L.R.A. 
 (N.S.) 881. 
 
 Refusal to give effect to foreign contract ex- 
 empting carrier from liability. 5 
 L.R.A. (N.S.) 425. 
 
 Interstate or foreign shipment as affected 
 by Hepburn act and Carmack amend- 
 ment in relation to liability of connect- 
 ing carrier for loss beyond its own line. 
 31 L.R.A.(N.S.) 27. 
 
 Law governing limitation of liability of 
 shipowner. L.R.A.1916B, 642. 
 
 11. Telegraph companies. 
 
 Law governing liability of telegraph com- 
 pany. 63 L.R.A. 532; 5 L.R.A. 
 (N.S.) 751; 23 L.R.A. (N.S.) 648; 
 28 L.R.A. (N.S.) 490; 29 L.R.A. 
 (N.S.) 795; 41 L.R.A.(N.S.) 223. 
 
 12. Contracts of married women. 
 
 Capacity of married woman to contract. 
 57 L.R.A. 513; 26 L.R.A. (N.S.) 764; 
 L.R.A.1916A, 1054. 
 
 Enforcement of personal contract of mar- 
 ried woman capable of contracting ac- 
 cording to the law of another state or 
 country where the contract was made. 
 . 26 L.R.A.(N.S.) 774. 
 
 Enforcement of wife's liability under stat- 
 ute of another state for a debt con- 
 tracted by the husband. 17 L.R.A. 
 (N.S.) 426. 
 
 c. Domestic relations. 
 
 13. Marriage. 
 
 Contracts of married women, see supra, 
 
 12. 
 
 Manner or form of solemnization; prelimi- 
 naries. 57 L.R.A. 155; 11 L.R.A. 
 (N.S.) 1082; 17 L.R.A.(N.S.) 800; 26 
 L.R.A.(N.S.) 179; 28 L.R.A.(N.S.) 
 753; 43 L.R.A. (N.S.) 356. 
 
 Polygamous marriages; temporary marital 
 unions. 57 L.R.A. 159. 
 
 Matrimonial capacity of the parties. 57 
 
 L.R.A. m. 
 
 Incestuous marriage. 57 L.R.A. 166; 43 
 L.R.A. (N.S.) 358.
 
 INDEX TO L.R.A. NOTES. 
 
 211) 
 
 CONFLICT OF LAWS, I. c cont'd 
 
 Marriages between members of different 
 
 races. 57 L.R.A. 167; 43 L.R.A. 
 
 (N.S.) 358. 
 Hemarriage of divorced person. 24 
 
 L.R.A. 831; 57 L.R.A. 169; 43 
 
 L.R.A. (N.S.) 358. 
 Former husband or wife living. 57 
 
 L.R.A. 171; 43 L.R.A. (N.S.) 362. 
 Nonage; consent of parents or guard- 
 ian. 57 L.R.A. 172; 43 L.R.A. 
 
 (N.S.) 357. 
 
 Effect on marriage relation of conviction 
 in another state. 31 L.R.A. 520. 
 
 14. Divorce; alimony. 
 
 Jurisdiction of suit for divorce, as affected 
 by residence, see DIVORCE AND SEPARA- 
 TION, 8, 9. 
 
 Foreign judgment of divorce, see DIVORCE 
 AND SEPARATION, 15. 
 
 In general. 59 L.R.A. 136. 
 
 What law determines right to divorce. 59 
 
 L.R.A. 141. 
 Jurisdiction of subject-matter. 59 L.R.A. 
 
 142. 
 
 Jurisdiction of the person or of the res; 
 foreign decrees upon constructive 
 service. 59 L.R.A. 162. 
 Decrees rendered upon constructive 
 service. 19 L.R.A. 814; 59 L.R.A. 
 362; 7 L.R.A. (N.S.) 1127; 18 
 L.R.A.(N.S.) 647; L.R.A.1917B, 
 1032. 
 
 Custody of children when international ele- 
 ments involved. 59 L.R.A. 177; 7 
 L.R.A.(N.S.) 306; 10 L.R.A. (N.S.) 
 690; 39 L.R.A. (N.S.) 988; L.R.A.1915B, 
 154. 
 
 Effect upon property rights of divorce in- 
 volving international elements. 59 
 L.R.A. 178. 
 On dower. 59 L.R.A. 181; 41 L.R.A. 
 
 (N.S.) 219. 
 Impeaching decree granted in other state. 
 
 59 L.R.A. 183. 
 
 Suits for same cause in different jurisdic- 
 tions. 59 L.R.A. 187. 
 
 Valid divorce granted in one state as af- 
 fecting independent suit for ali- 
 mony in another. 34 L.R.A. (N.S.) 
 1106; L.R.A.1915E, 421. 
 Validity of divorce according to Indian cus- 
 tom. 35 L.R.A. (N.S.) 795; L.R.A. 
 1917D, 574. 
 
 Action to recover instalments of alimony 
 accruing under a decree rendered in an- 
 other state. 9 L.R.A. (N.S.) 1168; 28 
 L.R.A. (N.S.) 1068. 
 
 Equitable jurisdiction to enforce a foreign 
 decree for alimony. 9 L.R.A. (N.S.) 
 1071. 
 
 Validity of a foreign divorce for a cause 
 not recognized in the jurisdiction in 
 which the marriage was contracted. 
 5 B. R. C. 747. 
 
 15. Legitimacy. 
 
 In general. 65 L.R.A. 177. 
 
 Applicability of lex rei sitce, or lex 
 
 domicilii deccdentis. 65 L.R.A. 
 
 177. 
 Consult also L.R.A. Digests of Cases. 
 
 CONFLICT OF LAWS, I. c cont'd 
 
 What is proper law after eliminating lex 
 
 domicilii dccedentis, and lex rei sitce, 
 
 as such. 65 L.R.A. 182; 10 L.R.A. 
 
 (N.S.) 690; 39 L.R.A. (N.S.) 988; 
 
 L.R.A.1915B, 154. 
 As affecting membership in class named in 
 
 will. 2 L.R.A. (N.S.) 450. 
 
 16. Adoption. 
 
 Adoption. 65 L.R.A. 186. 
 
 Extraterritorial effect of adoption of chil- 
 dren. 17 L.R.A. 439. 
 
 Right of child adopted in other state to 
 take under local statute of descent or 
 distribution. 21 L.R.A. (N.S.) 679, 25 
 L.R.A.(N.S.) 1285; L.R.A.1916A, 666. 
 
 17. Custody and control of children. 
 
 Recognition of right, emanating from for- 
 eign power, to the custody and control 
 of a child. 7 L.R.A. (N.S.) 306. 
 
 d. Corporate matters. 
 
 18. Generally. 
 
 As to foreign corporations generally, see 
 CORPORATIONS, XI. 
 
 Applicability of statute forbidding corpo- 
 ration to interpose defense of usury as 
 affected by its foreign or domestic char- 
 acter, the situs of the contract, or the 
 place of suit. 16 L.R.A. (N.S.) 616. 
 
 Enforceability, in Federal court, or court of 
 another state, of a contract made by a 
 foreign corporation which had not com- 
 plied with the conditions of doing busi- 
 ness within the state. 26 L.R.A. (N.S.) 
 999. 
 
 19. Stockholder's liability. 
 
 Right to enforce stockholder's liability out- 
 side of state of incorporation. 34 
 L.R.A. 737; 33 L.R.A. (N.S.) 895. 
 
 What statute of limitations will govern as 
 to liability of stockholder. 48 L.R.A. 
 637. 
 
 19a. Liability of directors. 
 
 Extraterritorial enforcement of statutory 
 liability of directors of corporations. 
 41 L.R.A.(N.S.) 379. 
 
 e. Torts and crimes generally; penal 
 statutes. 
 
 20. Generally. 
 
 Damages for, generally. 56 L.R.A. 312. 
 Penalty as part of recovery for tort. 66 
 L.R.A. 315. 
 
 21. Conversion. 
 
 Right to maintain action for conversion of 
 timber, crops, buildings, etc., from land 
 in another state or country. 34 L.R.A. 
 (N.S.) 994. 
 
 Interest by way of damages for detention 
 of property. 56 L.R.A. 303; 62 L.R.A. 
 37. 
 
 22. Personal injuries; death. 
 
 As to action for death or bodily injury. 56 
 L.R.A. 193.
 
 220 
 
 INDEX TO L.R.A. NOTES. 
 
 CONFLICT OF LAWS, I. e cont'd 
 
 Action for death, under foreign statute. 
 15 L.R.A. 585; 56 L.R.A. 211. 
 
 Ac-lion for death when negligent act is done 
 in one jurisdiction and death occurs in 
 another. 9 L.R.A. (N.S.) 1078. 
 
 Law governing as to survival of cause of 
 action or revival of action for personal 
 injuries. 5 L.R,A.(N.S.) 756; L.R.A. 
 1915E, 1129. 
 
 Jurisdiction of action for death under stat- 
 ute of another state as affected by 
 penal or remedial character of 
 statute, or differences between lex 
 loci delicti and lex fori as to char- 
 acter of damages. 40 L.R.A.(N.S.) 
 1095. 
 
 Law governing distribution of fund collect- 
 ed or recovered for negligent killing of 
 person. 4 L.R.A.(N.S.) 814. 
 
 Right of foreign or domestic representative 
 to maintain action for death of dece- 
 dent under statute of another state 
 which provides that the action shall be 
 brought by the personal representative. 
 18 L.R.A.(N.S.) 1252; L.R.A.1917A, 37. 
 
 What statute of limitations will govern as 
 to. 48 L.R.A. 638; 56 L.R.A. 208. 
 
 As to application and effect of Workmen's 
 Compensation Act. L.R.A.1916A, 443; 
 L.R.A.1917D, 83. 
 
 Jurisdiction of, and law governing, action 
 for death on waters. L.R.A.1916A, 
 1157. 
 
 May substantive law of state be invoked in 
 an action for personal injuries, not re- 
 sulting in death, on waters within the 
 maritime jurisdiction. L.R.A.1917F, 
 678. 
 
 Duty of courts of one state, under the full 
 faith and credit provision of the Fed- 
 eral Constitution, to entertain an ac- 
 tion for death arising under statute of 
 another state. L.R.A.1915F, 955. 
 
 23. Penal laws. 
 
 Penalty as part of recovery for tort. 56 
 L.R.A. 315. 
 
 Conflict of laws as to right of action under 
 penal statute for death or bodily in- 
 jury. 56 L.R.A. 209. 
 
 Effect of penal or remedial character of for- 
 eign usury statutes. 62 L.R.A. 42; 
 L.R.A.1916D, 751. 
 
 Enforcement of foreign laws requiring affix- 
 ing of stamp to instruments. 48 L.R.A. 
 319. 
 
 Question whether suit for statutory penal- 
 ty is a civil or criminal prosecution as 
 affecting extraterritorial enforcement. 
 27 L.R.A.(N.S.) 758. 
 
 24. Crimes. 
 
 Locality of crime committed through the 
 agency of the mails or of carriers. 19 
 L.R.A. 775. 
 
 What law defines larceny for purposes of a 
 statute against bringing stolen prop- 
 erty into the state. 15 L.R.A. 722; 14 
 L.R.A.(N.S.) 556. 
 
 Effect of prior conviction in other state or 
 country to enhance penalty. 34 L.R.A. 
 403. 
 
 Begin with this book on every law question. 
 
 CONFLICT OF LAWS, I. e ont'd 
 
 Prosecution for receiving stolen property 
 where property in question was stolen 
 in foreign state or country. 28 L.R.A. 
 (N.S.) 750. 
 
 Locality of crime committed by shooting or 
 striking across state boundary. 2fr 
 L.R.A. 59. 
 
 Question whether suit for statutory penalty 
 is civil or criminal prosecution as af- 
 fecting extra-territorial enforcement. 
 27 L.R.A.(N.S.) 758. 
 
 /. Assignment for creditors; insolvency 
 and bankruptcy proceedings; re- 
 ceivers. 
 
 25. Generally. 
 
 Foreign proceedings in bankruptcy, see 
 BAXKBUPTCY, 4. 
 
 Effect of foreign bankruptcy or insolvency 
 assignment on personal property where 
 no rights of creditors are involved. 17 
 L.R.A.(N.S.) 173. 
 
 As to transfer of property out of the state 
 by bankruptcy or insolvency pro- 
 ceedings or assignment for credi- 
 tors. 23 L.R.A. 33; 65 L.R.A. 353. 
 
 Rights of receiver as to property in other 
 jurisdiction. 23 L.R.A. 52. 
 
 Power of receiver to sue out of jurisdiction 
 of appointment. 4 L.R.A. (N.S.) 824. 
 
 Injunction against insolvency proceedings in 
 foreign jurisdiction. 21 L.R.A. 74. 
 
 Injunction against action or proceeding in 
 foreign jurisdiction when insolvency 
 proceedings are pending. 25 L.R.A. 
 (N.S.) 270. 
 
 g. Bights in property generally. 
 
 26. Liens. 
 
 Mechanics' lien under contract made in 
 other state. 33 L.R.A. 4]0. 
 
 Right of attorney under local statute to lien 
 on money in hands of adverse party to 
 suit or proceeding in another state. 31 
 L.R.A.(N.S.) 1215. 
 
 27. Matrimonial property. 
 
 In general. 57 L.R.A. 353; 29 L.R.A.(N.S.) 
 781. 
 
 When lex domicilii is opposed to the lex 
 rei sites or lex fori. 57 L.R.A. 353. 
 
 When law of matrimonial domicil is op- 
 posed to that of place where marriage 
 celebrated. 57 L.R.A. 359. 
 
 How original matrimonial domicil ascer- 
 tained. 57 L.R.A. 360. 
 
 Change of matrimonial domicil. 57 L.R.A. 
 363. 
 
 Marriage settlements. 57 L.R.A. 368: 29 
 L.R.A.(N.S.) 783. 
 
 Conflict of laws as to capacity of married 
 woman to contract with reference to. 
 57 L.R.A. 524. 
 
 h. Transfers of property generally. 
 
 28. Generally. 
 
 Real estate mortgages, see supra, 6. 
 
 Chattel mortgages, see infra, 32.
 
 L.ND.KX TU L.H.A. NOTES. 
 
 221 
 
 CONFLICT OF LAWS, I. h cont'd 
 Transfer of property by bankruptcy or in- 
 solvency proceeding or assignment for 
 creditors, see supra, 25. 
 
 Law governing covenant in deed of real 
 property. 17 L.R.A. (N.S.) 1094; L.R.A. 
 1916A, 1027. 
 
 Conflict of laws as to contracts in relation 
 to real property. L.R.A.1916A, 1011. 
 
 29. Power of appointment. 
 
 In ascertaining donee's intent to exercise 
 power of appointment. 04 L.R.A. 892. 
 
 As to validity of attempt to exercise power 
 of appointment by will. $4 L.R.A. 892. 
 
 30. Sale of personal property. 
 
 Distinction between personal rights and ob- 
 ligations and rights, in property. 64 
 L.R.A. 823. " 
 
 Place of contract; distinction between exec- 
 utory and executed contract." 64 L.R.A. 
 824. 
 
 Personal rights and obligations under the 
 contract. 64 L.R.A. 825. 
 
 The contract as affecting the title to, or in- 
 ) terest in, property. V 64 L.R.A. 828. 
 
 Place of consummating sale, \yhere goods are 
 delivered to carrier. 22 L.R.A. 425. 
 
 Governing law of sales of personal property 
 as affected by fraud against creditors. 
 11 L.R.A.(N.S.) 1007. 
 
 31. intoxicating liquor. 
 
 General principles. 61 L.R.A. 418. 
 
 Where executed contract consummated; de- 
 livery to carrier generally. 61 L.R.A. 
 419. 
 
 When executory contract consummated in 
 one state and executed contract in an- 
 other. 61 L.R.A. 424. 
 
 Effect of soliciting order within state hav- 
 ing prohibitory law. 61 L.R.A. 427. 
 
 Public policy of forum; intention to violate 
 prohibitory statute of forum. 61 L.R.A. 
 429. 
 
 New or substituted contract. 61 L.R.A. 
 433. 
 
 When sale invalid by law of place where 
 made, but valid by law of forum. 61 
 L.R.A. 434. 
 
 Place of sale of intoxicating liquor. 44 
 
 L.R.A. (N.S.) 435. 
 
 C. 0. D. shipments. 2 L.R.A.(N.S.) 
 383; 24 L.R.A. (N.S.) 143; 44 
 L.R.A.(N.S.) 459. 
 
 i. Chattel mortgages; conditional sales. 
 
 32. Chattel mortgage. 
 
 As contract inter paries. 64 L.R.A. 353. 
 As a lien or right prior to claims of third 
 
 persons. 64 L.R.A. 355. 
 Necessity of refiling or re-record- 
 ing in state to which property 
 removed. 64 L.R.A. 356; 6 
 L.R.A.(N.S.) 940; 35 L.R.A. 
 (N.S.) 386; L.R.A.1917D, 042. 
 Governing law of mortgages of personal 
 property as affected by fraud against 
 creditors. 11 L.R.A. (N.S.) 1007. 
 Consult also L.R.A. Digests of Cases. 
 
 CONFLICT OF LAWS, I. i cont'd . ... 
 Foreclosure of chattel mortgage when prop- 
 erty is out of state. 39 L.R.A. (N.S.) 
 627. 
 
 33. Conditional sale. 
 
 Necessity of recording instrument reserving 
 title to personal property sold in 
 state to which property is subse- 
 quently removed. 35 L.*R.A.(N.S.) 
 387. 
 
 j. Descent and distribution; wills. 
 
 34. Descent and distribution; claims 
 against estate. 
 
 Law governing distribution of fund collect- 
 ed or recovered for negligent killing of 
 person. 4 L.R.A. (N.S.) 814. 
 
 Distribution of assets to next of kin in 
 jurisdiction of ancillary administra- 
 tion. L.R.A.1915A, 431. 
 
 Right of child adopted in other state to take 
 under local statute of descent and dis- 
 tribution. 21 L.R.A.(N.S.) 679; 25 
 L.R.A. (N.S.) 1285; L.R.A.1916A, 666. 
 
 Widow's right, to allowance. for support out 
 of personal assets of deceased husband, 
 who was a nonresident. 11 L.R.A. 
 (N.S.) 361.' 
 
 Effect of failure to present claim within 
 time allowed by administration statute 
 of domicil as bar to its allowance in 
 state of ancillary administration or 
 vice versa. 19 L.R.A. (N.S.) 553. 
 
 35. Wills. 
 
 Character of property as personal or real, 
 movable or immovable. 2 L.R.A. (N.S.) 
 410. 
 
 Capacity of testator. 2 L.R.A.(N.S.) 414. 
 
 Formal validity. 2 L.R.A. (N.S.) 415. 
 
 Essential validity. 2 L.R.A. (N.S.) 430. 
 
 Construction of will. 2 L.R.A.(N.S.) 443. 
 
 Effect, as distinguished from construction, 
 of will. 2 L.R.A.(N.S.) 453. 
 
 Capacity of legatee or devisee. 2 L.R.A. 
 (N.S.) 456. 
 
 Equitable conversion. 2 L.R.A. (N.S.) 457. 
 
 Election. 2 L.R.A.(N.S.) 459; L.R.A.1915F, 
 680. 
 
 Effect of election in one jurisdiction for or 
 against the provisions of a will, upon 
 right to elect as to property situated 
 in another jurisdiction. 3 B. R. C. 519. 
 
 Dower; disinheritance. 2 L.R.A. (N.S.) 459. 
 
 Effect of subsequent events upon wills. 2 
 L.R.A.(N.S.) 464. 
 
 Medium of payment of, and interest upon, 
 legacies. 2 L.R.A. (N.S.) 468. 
 
 Effect of delay in probating will from other 
 state. 57 L.R.A. 263. 
 
 As to validity of attempt to exercise power 
 of appointment by will. 04 L.R.A. 892. 
 
 Law governing validity of testamentary dis- 
 position of leasehold property. 7 B. R. 
 C. 459. 
 
 By what law are members of class to whom 
 testamentary gift is made to be ascer- 
 tained. 2 L.R.A. (N.S.) 447; 2 B. R. C. 
 557.
 
 222 
 
 INDEX TO L.R.A. NOTES. 
 
 CONFLICT OF LAWS, I. j cont'd 
 Jurisdiction to admit to probate will not 
 probate at testator's domicil. 33 
 L.R.A.(N.S.) 658. 
 
 Distribution of assets to beneficiary under 
 will in jurisdiction of ancillary admin- 
 istration. L.R.A.1915A, 431. 
 
 fc. Taking liquor into prohibition terri- 
 tory. 
 
 36. Generally. 
 
 As to sale of liquor, see supra, 31. 
 
 Constitutionality of statute forbidding car- 
 rying of intoxicating liquors into pro- 
 hibition district. 17 L.R.A. (N.S.) 299. 
 
 I. As to copyrights. 
 
 37. Generally. 
 
 Sufficiency of .compliance with law of origin 
 to secure protection under intentional 
 copyright act. 1 B. R. C. 785. 
 
 //. As to remedies. 
 
 g 38. Generally. 
 
 Foreign judgment, see JUDGMENT, 66-73. 
 
 Oral proof of foreign laws. 25 L.R.A. 449. 
 
 Injunction against suit in foreign jurisdic- 
 tion. 21 L.R.A. 71; 25 L.R.A. (N.S.) 
 267. 
 
 Enforcement of personal contract of married 
 woman capable of contracting according 
 to law of another state or country 
 where the contract was made. 26 L.R. 
 A.(N.S.) 776. 
 
 Law governing matters relating to remedy 
 on contract as to real property. L.K.A. 
 1916A, 1046, 1048. 
 
 Extraterritorial effect of statute limiting 
 jurisdiction in which action may oe 
 brought. L.R.A.1916D, 688. 
 
 Rate of interest allowed by admiralty court 
 in case of marine tort as affected by 
 place of occurrence or suit. 51 L.R.A. 
 (N.S.) 966. 
 
 39. When proper foreign law not 
 proved. 
 
 How case determined when proper foreign 
 law not proved. 67 L.R.A. 33; 34 
 L.R.A.(N.S.) 261; 38 L.R.A. (N.S.) 
 40. 
 
 40. Attachment: garnishment. 
 
 Attachment or garnishment of foreign rail- 
 road cars. 64 L.R.A. 501; L.R.A. 
 1915D, 838. 
 
 Where debt garnishable. 19 L.R.A. 577 ; 67 
 L.R.A. 209; L.R.A.1915F, 880. 
 
 Place of payment of debt as affecting juris- 
 diction to garnish same. 3 L.R.A. (N 
 S.) 608; 20 L.R. A. (N.S.) 264. 
 
 41. of exempt property. 
 
 Action for loss of exemption by garnish- 
 ment in another state. 19 L.R.A. 580; 
 36 L.R.A. 582; 48 L.R. A. (N.S.) 689. 
 
 Law governing exemption from garnish- 
 ment. 19 L.R.A. 578; 67 L.R.A. 222; 
 1 L.R.A. (N.S.) 195; L.R. A.I 91 5F, 885 
 
 Begin ivith this book on every law question. 
 
 CONFLICT OF LAWS, II. cont'd. 
 Injunction against suit in another state to 
 
 evade local exemption law. 15 L.R.A. 
 
 (N.S.) 1008. 
 
 42. Statute of frauds. 
 
 Generally. 19 L.R.A. 792; 64 L.R.A. 119. 
 As between law of forum and substantive 
 
 law of contract. 64 L.R.A. 119; 51 
 
 L.R.A.(N.S.) 908. 
 As between law of place where contract ia- 
 
 made and that of place where it is per- 
 
 formable. 64 L.R.A. 122; 51 L.R. A. 
 
 (N.S.) 910. 
 As between law of place where contract is 
 
 made and that of place where property 
 
 is situated. 64 L.R.A. 123; 51 L.R.A, 
 
 (N.S.) 911. 
 
 43. Limitation of action. 
 
 Absence from forum as affecting running of 
 
 statute, generally, see LIMITATION OF 
 
 ACTIONS, 46. 
 
 What statute of limitations will govern ac- 
 tion in another state or country. 
 48 L.R.A. 625. 
 
 Law governing limitation where action is 
 brought in one state upon a cause of ac- 
 tion created by a statute of another. 
 46 L.R.A.(N.S.) 687. 
 
 Applicability of statute referring question 
 of limitation to the law of the state 
 where contract was to be performed. 
 L.R.A.1915C, 976. 
 
 Applicability of statute of the forum re- 
 ferring limitation to law of other juris- 
 diction, where period at forum is 
 shorter than that prescribed by the 
 foreign statute. 51 L.R.A. (N.S.) 96. 
 
 Different limitations as to time for bringing 
 action for death or bodily injury. 5t> 
 L.R.A. 208. 
 
 Statute requiring notice of claim before 
 commencing an action as a statute of 
 limitations. 8 L.R.A. (N.S.) 997. 
 
 Law governing limitation of actions on con- 
 tract. 6 L.R.A.(N.S.) 658. 
 
 Construction and effect of statute of forum 
 admitting bar of statute of state or 
 country in which cause of action arises 
 or accrues. 4 L.R.A.(N.S.) 1029; 14 
 L.R.A.(N.S.) 776. 
 
 Effect of failure to present claim within 
 the time allowed by the admin istratic-ii 
 statute of the domicil as a bar to its 
 allowance in the state of the ancillary 
 administration, or vice versa. 19 L.R. 
 A. (N.S.) 553. 
 
 Amendment of pleadings after limitation 
 period by changing from statute of one 
 jurisdiction to statute of another. 30 
 L.R.A.(N.S.) 1099. 
 
 44. Exemption laws. 
 
 Garnishment of exempt property, see supra, 
 41. 
 
 Enforcing exemption laws of other state. 1 
 
 L.R.A. (N.S.) 195. 
 Injunction against suit in another stale- to 
 
 evade local exemption laws. 15 L.K.A. 
 
 (N.S.) 1008.
 
 INDEX TO L.R.A. NOTES. 
 
 223 
 
 CONFLICT OF LAWS, II. cont'd. 
 
 Liability for evasion of exemption laws of 
 domicil by action in other state. 36 
 L.R.A. 582; 48 L.R.A. (N.S.) 689. 
 
 Widow's right to exemption out of personal 
 assets of deceased husband who was 
 nonresident. 11 L.R.A. (N.S.) 361. 
 
 45. Measure of damages. 
 
 For breach of contract, generally. 56 L.R. 
 A. 301; 62 L.R.A. 37.' 
 
 Damages for tort generally, 56 L.R.A. 312. 
 
 Law governing measure of damages for 
 death or bodily injury. 56 L.R.A. 312. 
 
 May substantive law of state as to dam- 
 ages be invoked in an action for per- 
 sonal injuries, not resulting in death, 
 on waters within the maritime juris- 
 diction. L.R.A.1917F, 678. 
 
 Interest by way of damages. 56 L.R.A. 303. 
 
 CONFUSION. 
 
 See Accession AND CONFUSION. 
 
 CONGRESS. 
 
 1. Generally. 
 
 Members of, as public officers. 17 L.R.A. 
 
 247. 
 Privilege of members of, as to service of 
 
 process. 23 L.R.A. 632. 
 
 2. Congressional elections. 
 
 Extent of Federal control of. 53 L.R.A. 
 663. 
 
 Provision in primary election law for popu- 
 lar election of United States senators. 
 22 L.R.A. (N.S.) 1147. 
 
 Constitutionality of popular elections of 
 United States senators. 41 L.R.A. (N. 
 S.) 140. 
 
 3. Powers of. 
 
 Power of, as to commerce, generally, see 
 COMMERCE. 
 
 Power to punish for contempt. L.R.A. 
 1917F, 288. 
 
 Powers of, as to equality of privileges, im- 
 munities, and protection. 14 L.R.A. 
 579. 
 
 Power to proclaim and maintain martial 
 law. 65 L.R.A. 195. 
 
 Right of Congress to prohibit or delegate 
 power to prohibit sales of intoxicating 
 liquors in the territories. 15 L.R.A. 
 (X.S.) 922. 
 
 CONNECTIONS. 
 
 With drains and sewers, see DRAINS AND 
 
 SEWERS, 5. 
 With water mains, see WATERS, 112. 
 
 Liability of telephone company for failure 
 to make connections for subscribers. 
 21 L.R. A. (N.S.) 115; 28 L.R.A. (N.S.) 
 554; 39 L.R.A.(N.S.) 402; L.R.A.1915C, 
 450. 
 
 CONNIVANCE. 
 
 As defense to divorce suit, see DIVOBCE AND 
 SEPARATION, 31. 
 
 By obligee in principal's fraud in obtaining 
 guaranty or surety. 21 L.R.A. 410. 
 
 Of successful party in perjury as ground for 
 relief against judgment. 10 L.R.A. (N. 
 S.) 224. 
 
 CONSCIENTIOUS SCRUPLES. 
 
 Disqualifying grand juror. 28 L.R.A. 202. 
 
 Exemption from provisions of Selective 
 Service Act of May 18, 1917, because 
 of religious convictions. L.R.A.1918E, 
 1024. 
 
 CONNECTING CARRIERS. 
 
 See CARRIERS, 98, 142, 143. 
 Consult also L.R.A. Digests of Cases. 
 
 CONSCRIPTION. 
 
 For military service, see COMPULSORY MILI- 
 TARY SERVICE. 
 
 Of labor for working highway as a tax. 
 5 L.R.A. (N.S.) 1139. 
 
 CONSENT. 
 
 1. Generally. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 33. 
 
 Age of, see AGE OF CONSENT. 
 
 Effect of, on liability for assault and bat- 
 tery, see ASSAULT AND BATTERY, 4. 
 
 To crime, see CRIMINAL LAW, 20. 
 
 Estoppel by, see ESTOPPEL, 17. 
 
 To making of improvements, see IMPROVE- 
 MENTS, 3. 
 
 Judgment by, see JUDGMENT, 29. 
 
 Owner's consent to work as essential to me- 
 chanics' lien, see MECHANICS' LIENS, 
 6, 7. 
 
 Of parent to adoption of child, see PARENT 
 AND CHILD, 18. 
 
 Liability of newspaper proprietor for libel 
 published without. 26 L.R.A. 779. 
 
 Liability for improperly issuing marriage 
 license or performing marriage ceremo- 
 ny as affected by person who gave con- 
 sent. L.R.A.1917E, 871, 874. 
 
 Nonenforceability for want of, of contract 
 procured by threat to prosecute relative. 
 26 L.R.A. 51. 
 
 Use of negative or engraved plates without 
 consent of party paying for same. 50 
 L.R.A. 397.
 
 224 
 
 INDEX TO L.R.A. NOTES. 
 
 CONSENT cont'd 
 
 To assignment or deed of trust for creditors. 
 :M \..\l..\. :;t;ii; 26 L.R.A. 500. 
 
 To erection of party wall. 6(5 L.R.A. 705. 
 
 To obstruction of navigation. 59 L.R.A. 88. 
 
 To suppression of competition at judicial 
 Kil.-. 4U L.R.A. UN .S.) 1204. 
 
 Effect of owner's consent to dam back water 
 of stream. 59 L.R.A. 841. 
 
 Effect of master's consent to giving of lien 
 on vessel under charter for supplies and 
 repairs. 70 L.R.A. 395. 
 
 Effect of consent of debtor to appointment 
 of a receiver of his property at the 
 instance of a simple contract creditor. 
 L.R.A.1918C, 640. 
 
 Necessity of, to entitle third person to sue 
 on contract for his benefit. 25 L.R.A. 
 265. 
 
 To delegation of power of taxation to local 
 board. 15 L.R.A.(N.S.) 70. 
 
 To violation of injunction as justification 
 therefor. 9 L.R.A.(N.S.) 304. 
 
 Validity and effect of stipulation in con- 
 tract for sale of land against assign- 
 ment by a vendee without vendor's con- 
 sent. 35 L.R.A. (N.S.) 1064. 
 
 Validity and effect of conditions requiring 
 consent to marriage of legatee or devi- 
 see. L.R.A. 1917D, 408. 
 
 Acceptance of remittance of part of un- 
 liquidated or disputed claim with state- 
 ment that it is "in full" as consent to 
 its receipt in full payment. 14 L.R.A. 
 (X.S.) 443; 27 L.R.A. (N.S.) 439. 
 
 Requiring or permitting another to make 
 improvements on land at his own ex- 
 pense as a consent by the owner which 
 will subject his interest to a lien. 11 
 L.R.A.(N.S.) 764. 
 
 Validity of provision in contract for con- 
 tingent fee, forbidding client to settle 
 the claim without attorney's consent. 
 14 L.R.A. (N.S.) 1101. 
 
 Right of one whose property has been taken 
 for public use without his consent and 
 without condemnation proceedings to 
 maintain action for compensation or 
 for permanent damages. 28 L.R.A. 
 (N.S.) 968. 
 
 Power of municipality to make right to 
 transact certain business dependent on 
 consent of municipal authorities. 9 L. 
 R.A.(N.S.) 659. 
 
 Power of municipal corporations to make 
 use of property for particular purpose 
 or in a particular manner, conditional 
 upon consent of neighbors. 8 L.R.A. 
 (N.S.) 978. 
 
 Of municipality to making improvements in 
 street by abutting owner. 44 L.R.A. 
 (X.S.) 553. 
 
 Power of vendee to subject owner's interest 
 to mechanics' liens where statute gives 
 lien for improvements made with own- 
 er's consent. 23 L.R.A. (N.S.) 612; 
 L.R.A.1917D, 582, 583. 
 
 Power of attorney to bind client by consent 
 decree. 46 L.R.A.(N.S.) 753. 
 
 Effect of consent of beneficiary on personal 
 liability of a trustee for losses to trust 
 
 estate from 
 i X.s.) 980. 
 
 investments. 44 L.R.A. 
 
 CONSENT cont'd 
 
 Of court to entry of nolle prosequi in a 
 criminal case. 45 L.R.A. (N.S.) 1120. 
 
 Doctrine of equitable conversion as affect- 
 ing one's right to sign consent or 
 remonstrance as landowner. 50 L.R.A. 
 (N.S.) 32. 
 
 2. To change in, or abandonment of, 
 contract. 
 
 Necessity for mutual consent to rescission 
 
 or abandonment of contract. 
 40. 
 
 30 L.R.A. 
 
 To discharge after part performance of con- 
 tract. 24 L.R.A. 233. 
 
 Effect of servant's consent to wrongful dis- 
 charge on right to recover .wages for 
 subsequent period. 5 L.R.A. (N.S.) 448. 
 
 To alteration of note. 35 L.R.A. 467V 
 
 As affecting alteration of deed after de- 
 livery. 32 L.R.A.(N.S.) 291; L.R.A. 
 1918B, 491. 
 
 Consent to removal of insured property as 
 affecting insurer's liability. 26 L.R.A. 
 242. 
 
 3. To account stated. 
 
 Want of consent to account stated. 27 L.R. 
 A. 816. 
 
 Effect of dispute as to certain items of ac- 
 count on assent to other items. 7 L.R. 
 A. (N.S.) 924. 
 
 4. To sale of expectancy. 
 
 Of ancestor to sale of expectancy by pros- 
 pective heir. 33 L.R.A. 274, 281; 25 
 L.R.A.(N.S.) 438. 
 
 5. Matters as to mortgages. 
 
 Of mortgagee to removal of mortgaged prop- 
 erty from state as affecting his lien. 6 
 L.R.A.(N.S.) 940. 
 
 Effect of consent of mortgagee to removal of 
 property to other state on necessity of 
 recording mortgage in state to which 
 property is removed. L.R.A. 1917D, 
 942. 
 
 Effect of consent by mortgagee of realty to 
 affixing thereon of a chattel, the seller 
 of which retained title thereto or a 
 lien thereon. 37 L.R. A. (N.S.) 127. 
 
 Effect of assignment of mortgage by or with 
 mortgagor's consent to third person 
 after payment of debt originally se- 
 cured. 2*7 L.R.A.(N.S.) 111. 
 
 Of mortgagor to repair or improvement of 
 property by mortgagee in possession. 
 49 L.R.A.(N.S.) 126. 
 
 6. Corporate matters. 
 
 Acquiring jurisdiction over foreign corpora- 
 tion by. 70 L.R.A. 536. 
 
 Liability of corporate directors for acts in 
 excess of their powers as affected by. 
 55 L.R.A. 761. 
 
 Duty of officers or majority stockholders, 
 against consent of minority to sell prop- 
 erty of corporation essential to its ex- 
 istence as a going concern. 35 L.R.A. 
 (N.R.) 39fi. 
 
 To assessment on paid up stock. 45 L.R.A. 
 
 Begin with this book on every law question. 
 
 648.
 
 INDEX TO L.R.A. NOTES. 
 
 225 
 
 CONSENT cont'd 
 
 Liability on unpaid subscription of trans- 
 feree of corporate stock \vl.o does not 
 consent to transfer. 30 L.R.A. (N.S.) 
 288. 
 
 By stockholders to consolidation of corpora- 
 tions. 52 L.R.A. 381. 
 
 Effect of consent of holders of all corporate 
 stock issued at time of transaction to 
 sale of property to corporation by pro- 
 moter. 38 L.R.A. (N.S.) 11] 6. 
 
 To appointment of receivers of corporation. 
 20 L.R.A. 213. 
 
 7. Partnership matters. 
 
 Of creditor to assumption of debts on dis- 
 solution of partnership. 9 L.R.A. (N. 
 S.) 79; 48 L.R.A. (N.S.) 552. 
 
 Application of partnership assets with con- 
 sent of all partners to payment of in- 
 dividual debt of partner as a voidable 
 preference under bankruptcy act. 17 
 L.R.A. (N.S.) 1040. 
 
 Right to purchase one partner's interest 
 in real property belonging to partner- 
 ship, without consent of other partners. 
 18 L.R.A. (N.S.) 1180. 
 
 8. Between landlord and tenant. 
 
 Waiver of provision for consent to assign- 
 ment of lease. 36 L.R.A. (N.S.) 488! 
 
 Effect of proviso in lease against assign- 
 ment without consent upon riht of as- 
 signee to assign. 2 B. R. C. 803. 
 
 Enforcement of landlord's consent to sub- 
 letting or assignment of lease. 25 L. 
 R.A.(N.S.) 1173. 
 
 Necessity of consent by tenant who has 
 abandoned premises to reletting by 
 landlord. 13 L.R.A. (N.S.) 403. 
 
 Power of lessee or vendee to subject owner's 
 interests to mechanics' liens where stat- 
 ute gives lien for improvements made 
 with owner's consent. 23 L.R.A. (N.S.) 
 612; L.R.A.1917D, 582, 583. 
 
 9. Between husband and wife. 
 
 Implication of wife's authority to purchase 
 necessaries from husband's assent to 
 previous transactions. 65 L.R.A. 548; 
 47 L.R.A. (N.S.) 282. 
 
 Sufficiency of husband's consent to wife's 
 will. 37 L.R.A. (N.S.) 1133. 
 
 Revocation of consent given by one spouse 
 to will of the other in the latter's life- 
 time. L.R.A.1915E, 815. 
 
 Husband's power to create easements in 
 homestead without wife's consent. 27 
 L.R.A.(N.S.) 963. 
 
 Husband's power without wife's consent to 
 abandon homestead or convey premises 
 by his sole deed after abandonment. 37 
 L.R.A. (N.R.) 807. 
 
 To divorce, effect on right to contest its 
 validity. 60 L.R.A. 294; 51 L.R.A. 
 (N.S.)' 534. 
 
 Lease as encumbrance or conveyance with- 
 in statute requiring consent of spouse. 
 39 L.R.A. (N.S.) 675. 
 
 Effect of consent to separation between hus- 
 band and wife on question of desertion 
 bv spouse leaving. 39 L.R.A. (N.S.) 
 3121. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONSENT cont'd 
 10. By employee. 
 
 Of employee to particular risk, necessity for 
 proving. 47 L.R.A. 192. 
 
 To discharge after part performance of con- 
 tract. 24 L.R.A. 233. 
 
 Effect of servant's consent to wrongful dis- 
 charge on right to recover wages for 
 subsequent period. 5 L.R.A. (N.S.) 448. 
 
 11. Matters as to infants. 
 
 Rape of female infant under age of consent, 
 see RAPE, 3. 
 
 Consent of parents to marriage of infants. 
 22 L.R.A. (N.S.) 1206; L.R.A.1916C, 
 741. 
 
 Of parent or guardian to marriage of in- 
 fant, conflict of laws as to. 57 L.R.A. 
 172; 43 L.R.A.(N.S.) 357. 
 
 Validity of adoption without consent of 
 natural parents. 30 L.R.A. (N.S.) 146. 
 
 Constitutionality of statute permitting 
 adoption of children without consent of 
 parents. 18 L.R.A.(N.S.) 926. 
 
 Of mother or reputed father to custody or 
 control of illegitimate child. 36 L.R.A. 
 696. 
 
 Parent's right to recover for injury to minor 
 servant employed without his consent. 
 30 L.R.A.(N.SO 311. 
 
 Guardian's consent as affecting infant's con- 
 tract. L.R.A.1915C, 362. 
 
 lla. Matters as to incompetent per- 
 sons. 
 
 Power of court or guardian of incompetent 
 or habitual drunkard to consent to con- 
 veyance by trustee under trust, requir- 
 ing consent by cestui que trust. 39 
 L.R.A.(N.S.) 39. 
 
 12. Matters as to Insurance. 
 
 By insurance company or its agent to modi- 
 fication of policy, see INSURANCE, VII. 
 
 Of person whose life is insured, see INSUR- 
 ANCE, 35. 
 
 Right to surrender insurance policy without 
 beneficiary's consent, see INSURANCE, 
 54. 
 
 Consent to removal of insured property as 
 affecting insurer's liability. 26 L.R.A. 
 242. 
 
 Variance between assignment or transfer of 
 insured property and insurer's consent 
 thereto. 42 L.R.A. (N.S.) 173. 
 
 Necessity of insurer's consent to change of 
 beneficiary. L.R.A.1915A, 109. 
 
 13. To railway In street. 
 
 Of municipality to construction of street 
 railway tracks, see STREET RAILWAYS, 
 6. 
 
 Effect of consent by town or municipality 
 to construction or use of railroad in 
 street or highway to estop it from ob- 
 jecting thereto. 7 L.R.A. (N.S.) 1187. 
 Of property owners to laying of railway 
 in street as an element to be consid- 
 ered in valuing property of railroad 
 company. 48 L.R.A. (N.S.) 1083. 
 15
 
 IM1KK TO L.R.A. NOTES. 
 
 CONSENT con t\l 
 
 To railroad in street as affecting abutting 
 
 owner's right to compensation. 36 
 
 L.R.A.(N.S.) 789. 
 
 CONSIDERATION. 
 
 Of bills or notes, see BILLS AND NOTES. 
 In general, see CONTRACTS, II. c. 
 
 Remedy of abutting owner as affected by j For release of liability for personal injuries 
 hi- consent to construction of railroad I or death, see RELEASE. 
 or street railway in street or highway. 
 7 L.R.A.(N.S.) 991; 23 L.R.A.(N.S.) 
 
 433. 
 
 Abutter's right to enjoin railroad in street 
 for lack of consent. 36 L.R.A. (N.S.) 
 828. 
 
 14. To surgical operation. 
 
 See PHYSICIANS AND SUBQEONS, 14. 
 
 15. To assault. 
 
 Consent to assault, see ASSAULT AND BAT 
 TERY, 4. 
 
 16. To mode of service. 
 
 On nonresident. 50 L.R.A. 584. 
 
 17. Matters as to jury. 
 
 To less than full jury. 43 L.R.A. 69; 46 
 L.R.A.(N.S.) 38. 
 
 Showing consent by record to verdict by 
 less than full jury. 43 L.R.A. 73. 
 
 To communication by judge with juror not 
 in open court. 17 L.R.A.(N.S.) 614. 
 
 Of defendant to separation of jury in capi- 
 tal case. 24 L.R.A.(N.S.) 781. 
 
 Of parties to separation of jury in criminal 
 cases other than capital, after finding 
 but before rendition of verdict. 31 
 L.R.A.(N.S.) 1007. 
 
 CONSEQUENTIAL DAMAGES. 
 
 Allowance for, in eminent domain, see 
 DAMAGES, 87, 88. 
 
 Extent of trespasser's liability for conse- 
 quential injuries. 53 L.R.A. 626. 
 
 By act of municipality with reference to 
 surface water. 65 L.R.A. 269. 
 
 Jurisdiction of action at law for consequen- 
 tial damages to real property in another 
 state or country. 26 L.R.A.(N.S.) 936. 
 
 CONSERVATION. 
 
 Of natural resources, see CONSTITUTIONAL 
 LAW, 60. 
 
 Right of one who pumps oil, gas, or water 
 on his premises to enjoin similar acts 
 by 1m neighbor. 30 L.R.A. (N.S.) 1057. 
 
 CONSERVATOR. 
 
 Power of conservator to adeem legacy. 
 L.R.A.(N.S.) 401. 
 
 2S 
 
 Consideration in deeds for school purposes 
 as negativing resulting trust in favor 
 of the grantor. 44 L.R.A.(N.S.) 1223. 
 
 CONSIGNMENT CONTRACTS. 
 
 Construction of contract having some provi- 
 sions peculiar to consignment and 
 agency contracts, and others to sal 
 contracts. L.R.A.1917B, 626. 
 
 CONSIGNOR AND CONSIGNEE. 
 
 Right of agent as consignee of freight, see 
 
 CARRIERS, 105. 
 Consignee as proper party to sue, see 
 
 PARTIES, 15. 
 
 Liability of consignor for freight. L.R.A. 
 191 7A, 665. 
 
 Passing of title as between consignor and 
 consignee by delivery to carrier. 22 
 L.R.A. 418.' 
 
 When title passes under consignment of 
 goods for sale with provision in effect 
 that consignee purchase balance of con- 
 signment. 39 L.R.A. (N.S.) 620. 
 
 Dividing consignment of liquor as a sale. 
 11 L.R.A. (N.S.) 872. 
 
 Rights and liabilities of assignee of bill of 
 lading with draft attached as against 
 consignee who does not get the goods or 
 finds them defective. 49 L.R.A. 1)7!) ; 
 1 L.R.A.(N.S.) 242; 18 L.R.A. (N.S.) 
 1221; 32 L.R.A.(N.S.) 1173; 52 L.R.A. 
 (N.S.) 241. 
 
 Negotiability of draft against consignment. 
 35 L.R.A. 650. 
 
 Lien of consignee for advances. 70 L.R.A. 
 416. 
 
 Liability of consignee for injury to servants 
 of carrier. 46 L.R.A. 97. 
 
 Duty of consignor or consignee to his em- 
 ployees, as to condition of car. 14 
 L.R.A.(N.S.) 972; 45 L.R.A. (N.S.) 
 707. 
 
 Carrier's liability for personal injuries to 
 consignor or consignee or their em- 
 ployees caused by unsafe car. 9 L.R.A. 
 (N.S.) 857. 
 
 To whom delivery may be made under con- 
 
 signment to 
 L.R.A. 366. 
 
 consignor's agent. 38 
 
 Begin with this book on every law question. 
 
 Consignee's right as against carrier to re- 
 ject consignment of freight for delay 
 in transportation. 12 L.R.A. (N.S.) 
 431. 
 
 Right to charge demurrage for detention of 
 cars by consignees. 22 L.R.A. 536. 
 
 Liability of shipper for freight and demur- 
 rage upon refusal of consignee to ac- 
 cept goods. 52 L.R.A.(N.S.) 398.
 
 INDEX TO L.R.A. NOTES. 
 
 227 
 
 CONSOCIATION. 
 
 Of duties as test of common employment. 
 
 50 L.R.A. 444. 
 Mere consociation as affecting legal relation 
 
 of servant of employer and servant of 
 
 contractor as fellow servants. 17 L.R.A. 
 
 (N.S.) 335. 
 
 CONSOLIDATION. 
 
 Of corporations, see CORPORATIONS, III. 
 
 Of criminal prosecutions, see INDICTMENT, 
 
 INFORMATION, AND COMPLAINT, 9. 
 Of railroads, see RAILROADS, 9. 
 
 CONSORTIUM. 
 
 See HUSBAND AND WIFE. 
 
 CONSPIRACY. 
 
 I. In general, 1. 
 II. To injure business of another. 
 
 2-4=. 
 III. Of laborers; strikes, 5-8. 
 
 1. In general. 
 
 1. Generally. 
 
 Blacklisting employees, see BLACKLISTING. 
 
 Equity jurisdiction in case of, see EQUITY, 
 14. 
 
 Criminal liability for acts of co-conspirator, 
 see CRIMINAL LAW, 27. 
 
 Combinations in restraint of trade or com- 
 merce, see MONOPOLY AND COMBINA- 
 TIONS, II. , 
 
 Admissibility of acts and declarations of 
 co-conspirator, see EVIDENCE, 237. 
 
 Homicide in carrying out, see HOMICIDE, 
 18. 
 
 Instigation or consent to, for purpose of 
 detecting criminal as a defense to pros- 
 ecution. 51 L.R.A. (N.S.) 829. 
 
 Cruel and unusual pun'shment for. 35 
 L.R.A. 571; L.R.A.1915C, 566. 
 
 Illegal intent of prosecutor as affecting guilt 
 of obtaining property by means of. 17 
 L.R.A. (N.S.) 277. 
 
 Civil liability of persons who join in a peti- 
 tion addressed to public authorities. 
 L.R.A.1916D, 394. 
 
 Liability of individuals having contracts 
 with the same person for combining to 
 breach the same. L.R.A.1918C, 151. 
 
 Indictment for conspiracy to encourage 
 violation of Selective Service Act of 
 May 18, 1917. L.R.A.1918K, 1026. 
 
 Indictment, of woman transported in viola- 
 tion of the white slave traffic act, for 
 conspiracy to violate the laws of the 
 United States. L.R.A.1915D, 281. 
 
 Combination of foreign corporations to dis- 
 continue business within the state. 46 
 L.R.A. (N.S.) 955. 
 
 Right of action for conspiracy to injuro 
 reputation as asset of bankrupt. 43 
 L.R.A. (N.S.) 942. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONSPIRACY, I. cont'd 
 
 Between real estate broker and purchaser, 
 
 effect on commissions. 45 L.R.A. 39. 
 To suppress competition at judicial sale a 
 
 ground for avoiding same. 42 L.R.A. 
 
 (N.S.) 1206. 
 
 To alienate affections. 3 L.R.A. (N.S.) 470. 
 Attempt to procure violation of Elkins act 
 
 as conspiracy. 17 L.R.A. (N.S.) 720. 
 Several offenses growing out of same facts. 
 
 31 L.R.A. (N.S.) 731. 
 
 Criminal responsibility of corporation for. 
 2 B. R. C. 246. 
 
 Right of party to a conspiracy to the aid 
 of equity to com; 1 a corporation to 
 transfer on its books stock acquired in 
 aid of conspiracy. 24 L.R.A. (N.S.) 108. 
 
 Effect of overt act within limitation period, 
 where the conspiracy was originally 
 formed and the first act committed be- 
 yond the period of limitation. 12 
 L.R.A. (N.S.) 1053. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance. 38 
 L.R.A.(N.S.) 317. 
 
 Validity of conviction of criminal conspira- 
 cy where co-conspirators are acquitted 
 or discharged. 4 B. R. C. 929. 
 
 II. To injure business of another.. 
 
 2. Generally. 
 
 To injure trade. 2 L.R.A. 33 ;* 6 L.R.A. 
 457;* 8 L.R.A. 500.* 
 
 3. Boycott. 
 
 Interference by competitor or others with 
 agents of dealer or manufacturer. 9 
 L.R.A. (N.S.) 904. 
 Lawfulness of boycott by other than labor 
 
 union. 33 L.R.A.(N.S.) 1034. 
 Legality of combination by dealers not to 
 . patronize wholesalers who sell to un- 
 desirable persons. 35 L.R.A. (N.S.) 
 1054; L.R.A.1915A, 789. 
 
 4. by labor union. 
 
 Right of labor union to notify persons not 
 to deal with a certain individual. 16 
 L.R.A. (N.S.) 85; 18 L.R.A. (N.S.) 707; 
 
 32 L.R.A.(N.S.) 748; L.R.A.1917E, 
 391. 
 
 Right of labor union to forbid its members 
 to handle one's product. 12 L.R.A. 
 . (N.S.) 642; 32 L.R.A. (N.S.) 792; 51 
 L.R.A.(N.S.) 778. 
 
 Right of labor union to forbid its members 
 serving a certain person. L.R.A. 1915E, 
 1037. 
 
 Liability of members of trade combination 
 for injury to boycotted dealer. 2 L.R.A. 
 (N.S.) 824. 
 
 Recovery of money paid to labor organiza- 
 tion in order to avoid boycott. 4 
 L.R.A. (N.S.) 1198. 
 
 Injunction against publishing or circulating 
 statements relative to industrial dis- 
 putes by labor union. 32 L.R.A. (N.S.) 
 1013. 
 
 Right of labor union to divert trade from 
 one with whom it is in controversy. 
 1 B. R. C. 245.
 
 128 
 
 INDEX TO L.R.A. NOTES. 
 
 CONSPIRACY, II. confd 
 
 Liability of members of trade combination 
 
 for injury to boycotted dealer. 2 
 
 L.R.A.(N.S.) 824. 
 Liability of labor union or its members to 
 
 ptnoni with whose employment it has 
 
 interfered. 1 B. R. C. 514. 
 
 7/7. Of laborers; strikes. 
 
 5. Generally. 
 
 Injury by labor organization to business 
 of another, see supra, 4. 
 
 Civil liability for inducing discharge of em- 
 ployee. 48 L.R.A. (N.S.) 893. 
 
 Liability of labor union for procuring one's 
 discharge or preventing employment. 
 6 L.R.A.(N.S.) 899; L.R.A.1917C, 1056. 
 
 6. Strikes. 
 
 Inducing servant to quit to aid strike, see 
 CASE, 5a. 
 
 Contract by employer to protect employees 
 from personal violence by strikers. 
 L.R.A.1918C, 929. 
 
 Injunction against strikes. 28 L.R.A. 464. 
 Injunction, generally. 28 L.R.A. 464. 
 
 Constitutionality of statute restricting 
 remedy by injunction in labor disputes. 
 L.R.A.1916F, 836. 
 
 Lawfulness of strike or of threat to cause, 
 or to so act as to induce strike, when 
 there is no dispute between the strikers 
 and their own employers. 6 L.R.A. 
 (N.S.) 1067; L.R.A.1916C, 989. 
 
 Right of labor union to imnose fine on mem- 
 bers as a means of inducing them to 
 join in strike. 23 L.R.A.(N.S.) 1236. 
 
 Controversy over "open" or "closed" shop 
 as justification for means employed to 
 aid strike. 17 L.R.A. (N.S.) 162; 35 
 L.R.A.(N.S.) 787; L.R.A.1917F, 760. 
 
 System of work as justification for strike. 
 37 L.R.A.(N.S.) 179. 
 
 Forcing discharge of foreman or coemployee 
 as justification for strike. 42 
 L.R.A. (N.S.) 1048. 
 
 Right, in aid of strike, to employ peaceable 
 persuasion to induce persons not un- 
 der contract to quit, or not accept em- 
 ployment. 41 L.R.A. (N.S.) 445. 
 
 Right, in aid of strike, to use money to 
 induce persons not under contract, to 
 quit or not accept employment. 41 
 L.R.A.(N.S.) 453. 
 
 Civil liability of trad" union or its members 
 for wrongful strike. 5 B. R. C. 476. 
 
 7. effect of. 
 
 Construction and effect of "strike" clause 
 in contract of sale and delivery. 9 
 L.R.A.(N.S.) 1187. 
 
 Strike as affecting carrier's liability. 35 
 L.R.A. 623. 
 
 Effect of, on carrier's duty to furnish cars. 
 43 L.R.A. 623. 
 
 Effect and construction of express provision 
 in charter party against demurrage in 
 case of strike. * 5 L.R.A. { N.S.) 126. 
 
 Effect of, on liability for statutory penalty 
 for refusal to receive goods off if red for 
 shipment. 22 L.R.A. (N.S.) 3200 
 
 CONSPIRACY, III. contM 
 
 Liability of carrier for injury to passenger 
 
 by "strikers. 55 L.R.A. 713; L.R.A. 
 
 1915C, 681. 
 Liability of telegraph company for delay in 
 
 transmitting or delivering message due 
 
 to strike of its employees. 22 L.R.A. 
 
 (N.S.) 1214. 
 
 8. picketing. 
 
 Law as to picketing. 4 L.R.A. (N.S.) 302; 
 50 L.R.A.(N.S.) 412. 
 
 CONSTABLE. 
 
 1. Generally. 
 
 Bond of, see BONDS, 12-15. 
 Deputy constables, see DEPUTY, 2. 
 
 As public officers. 17 L.R.A. 247. 
 
 Place at which official acts of, may be per- 
 formed. 33 L.R.A. 92. 
 
 Right to make bids on sales conducted by 
 them. 20 L.R.A. 505. 
 
 Voluntariness of confession to. 18 L.R.A. 
 (N.S.) 849. 
 
 Effect upon surety on bond of, of judgment 
 against principal. 40 L.R.A. (N.S.) 
 704, 732; L.R.A.1918E, 816. 
 
 2. Liability. 
 
 Liability on bond, see BONDS, 12-15. 
 
 Liability of constable or his bond for shoot- 
 ing a person while attempting to arrest 
 him. 51 L.R.A. (N.S.) 1179. 
 
 Liability for making arrest. L.R.A.1915B, 
 505. 
 
 Liability of, for his deputy's tort in making 
 arrest. 12 L.R.A.(N.S.) 1019; L.R.A. 
 1915E, 172. 
 
 Liability of officer who uses criminal proc- 
 ess to collect a debt. 24 L.R.A.(N.S.) 
 301. 
 
 CONSTITUTION. 
 
 Of state or country, see CONSTITUTIONAL 
 
 LAW. 
 Of insurance company, see INSURANCE, 
 
 46, 47. 
 
 Begin with this book on every law question. 
 
 CONSTITUTIONAL LAW. 
 
 7. In general, 1, 2. 
 77. Adoption; amendment; construe- 
 
 tion, 3-6. 
 
 III. Ex post facto laws, 7. 
 IV. Retroactive statute 8-1O. 
 
 V. Delegation of powers, 11-17. 
 VI. Separation of powers, 18-2O. 
 VII. Local self government, 2Oa. 
 VIII. Republican fcrm of government, 
 21.
 
 INDEX TO L.R.A. NOTES. 
 
 229 
 
 CONSTITUTIONAL LAW cont'd 
 IX. Rights of persons and property, 
 
 21a-194. 
 a. In general, 21a. 
 Z. Privileges and, immunities; 
 equal protection, 22. 
 
 c. Due process of law, 23. 
 
 d. 1'olice power, 23a. 
 
 e. Restrictions on contracts and 
 
 business, 24. 
 
 f. Property rights, 25-28. 
 
 g. Vested rights, 29, 29a. 
 h. Freedom of speech, press, 
 
 and worship, 291). 
 i. Guaranties of justice, 29c. 
 j. Impairment of obligation of 
 contract, 3O-38. 
 
 1. In general, 3O-33. 
 
 2. What are contracts, 
 
 34:. 
 
 3. As to remedies, 35- 
 
 37. 
 
 4. By change in decisions, 
 
 38. 
 
 fc. Rights on various particular 
 subjects, 39-194. 
 
 1. In general; regulation of 
 
 business ; license, 
 39-177. 
 
 2. Remedies and proced- 
 
 ure, 178-192. 
 8. Criminal matters; im- 
 prisonment, 193- 
 194. 
 
 I. In general. 
 
 1. Generally. 
 
 Matters of interstate commerce, see COM- 
 MERCE. 
 
 Constitutional guaranty against self crim- 
 ination, see CRIMINAL LAW, 49-53. 
 
 Constitutionality of statutory credits for 
 good behavior of convict, see CRIMINAL 
 LAW, 81. 
 
 Power of eminent domain, see EMINENT DO- 
 MAIN. 
 
 Imprisonment for debt, see IMPRISONMENT 
 FOR DEKT. 
 
 Recognition of judgment of other state un- 
 der full faith and credit provision, see 
 JUDGMENT, 67-70. 
 
 Powers of legislature generally, see LEGIS- 
 LATURE, 3. 
 
 Constitutionality of modern anti-trust 
 laws, see MONOPOLY AND COMBINA- 
 TIONS. 
 
 Purposes for which public money may be 
 used, see PUBLIC MONEY, 4. 
 
 Searches and seizures, see SEARCH AND SEIZ- 
 URE. 
 
 Who may attack constitutionality of stat- 
 ute, see STATUTES, 9. 
 
 Partial unconstitutionality of statute, see 
 STATUTES, 10. 
 
 As to enactment, entitling, and construc- 
 tion of statutes, see STATUTES, II. 
 
 Plurality of subjects in statute, see STAT- 
 UTES, 13, 14. , 
 
 Title of statute, see STATUTES, 13, 14. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONSTITUTIONAL LAW, I. cont'd 
 Special legislation, generally, see STAT- 
 UTES, 15-18. 
 
 Corporate taxation as affected by contract 
 clause, see TAXES, 37. 
 
 Consideration of extrinsic evidence to show 
 unconstitutionality of statute. 14 
 L.R.A. 459; L.R.A.1915D, 458. 
 
 The effect of removal of constitutional ob- 
 jections to a statute. 48 L.R.A. (N.S.) 
 349. 
 
 Constitutional command to enact law as im- 
 plied prohibition against further legis- 
 lation on the same subject. 1 L.R.A. 
 (N.S.) 489. 
 
 Validity of claims against state as affected 
 by state constitution. 42 L.R.A. 37. 
 
 Right of municipal corporation to recover 
 back money paid out in violation of the 
 Constitution. 13 L.R.A. (N.S.) 157. 
 
 2. Constitutional objection in man- 
 damns proceeding. 
 
 Right of relator in mandamus proceedings 
 to attack constitutionality of statute 
 relied upon by respondent. 16 L.R.A. 
 (N.S.) 266. 
 
 Unconstitutionality of statute as against 
 mandamus to compel its enforcement. 
 47 L.R.A. 512; 24 L.R.A. (N.S.) 1260; 
 34 L.R.A.(N.S.) 1060. 
 
 II. Adoption; amendment; construc- 
 tion. 
 
 3. Adoption. 
 
 Effect of adoption of Constitution upon Or- 
 dinance of 1787. 52 L.R.A.(N.S.) 305. 
 
 Power of court to determine the question 
 of adoption. 15 L.R.A. 524. 
 
 Upon what basis is the majority essential 
 to the adoption of constitutional or 
 other special propositions submitted at 
 a general election to be computed. 22 
 L.R.A. (N.S.) 478. 
 
 4. Amendment. 
 
 Amendment of statute, see STATUTES, 14, 
 29, 30. 
 
 Power to cure unconstitutional statute by 
 amendment. 60 L.R.A. 564. 
 
 Effect of noncompliance with prescribed 
 method of amending Constitution. 10 
 L.R.A.(N.S.) 149. 
 
 Validation of unconstitutional statute by 
 constitutional amendment. 38 L.R.A. 
 (N.S.) 77. 
 
 Amendments proposed by initiative or sub- 
 ject to referendum. 50 L.R.A. (N.S.) 
 205; L.R.A.1917B, 23. 
 
 5. Construction. 
 
 Federal courts following state decisions as 
 to construction of Constitution. 40 
 L.R.A.(N.S.) 393. 
 
 Condition as to vote by people to adopt 
 statute. 23 L.R.A. 113. 
 
 Construction of particular constitutions as 
 'to legislative divorce. 18 L.R.A. 96. 
 
 Constitutional provisions as to number and 
 agreement of jurors necessary to ver- 
 dict. 43 L.R.A. 37.
 
 INDEX TO L.R.A. NOTES. 
 
 230 
 
 CONSTITUTIONAL LAW, II. cont'd 
 
 When "may," in constitutional provision, 
 deemed to be mandatory. 5 L.R.A. 
 (N.S.) 340. 
 
 Scope and effect of constitutional provision 
 exempting property from eminent do- 
 main proceedings. L.R.A. 1916A, 1097. 
 
 Constitutional limitation of the power to 
 exempt property from taxation as af- 
 fecting public obligations or property. 
 L.R.A.1917B, 308. 
 
 6. self -executing provisions. 
 
 Generally. 16 L.R.A. 281. 
 Prohibitions generally. 16 L.R.A. 282. 
 Cases as to taking property for public use, 
 
 16 L.R.A. 283. 
 
 Exemptions may be regarded as prohibi- 
 tions. 16 L.R.A. 284. 
 Taxation. 16 L.R.A. 284. 
 Appropriations. 16 L.R.A. 285. 
 Stockholders' liability. 16 L.R.A. 285. 
 Constitutional provisions as to initiative 
 
 and referendum. 50 L.R.A.(N.S.) 198; 
 
 L.R.A.1917B, 18. 
 
 III. Ex post facto laws. 
 
 7. Generally. 
 
 Right of prohibition against sale of liquors 
 as limited by provisions of Federal con- 
 stitution against ex post facto laws. 
 15 L.R.A.(N.S.) 929. 
 
 Constitutional or statutory provisions for 
 prosecution of felony upon information 
 without indictment as an ex post facto 
 law. 38 L.R.A.(N.S.) 600. 
 
 Statute reducing number of presiding 
 judges at criminal trial. 37 L.R.A. 
 (N.S.) 567. 
 
 Statute affecting challenges to the jury as 
 ex post facto. 31 L.R.A.(N.S.) 820. 
 
 Repeal of statute excluding evidence dis- 
 covered or obtained by judicial proceed- 
 ings against accused. 37 L.R.A. (N.S.) 
 96. 
 
 Constitutionality of statute providing for 
 increased punishment because of prior 
 conviction. 34 L.R.A. 399. 
 
 IV. Retroactive statutes. 
 
 8. Generally. 
 
 What statutes are retroactive, see STAT- 
 UTES, 28. 
 
 Constitutionality of laws charging the ex- 
 pense of police regulations on the busi- 
 ness to be regulated. 16 L.R.A. 380. 
 
 Constitutionality of retroactive statute 
 creating right of action or of set- 
 off on account of past acts or 
 transactions. 52 L.R.A. 934. 
 
 Power to impose succession tax retrospect- 
 ively. 33 L.R.A. (N.S.) 602. 
 
 Retrospective statute prescribing grounds ol 
 divorce. L.R.A.1917C, 160. 
 
 Statute passed after final decree of divorce 
 to enable court to modify decree so as 
 to provide for maintenance of children 
 L.R.A.1917D, 333. 
 
 ONSTITUTIONAL LAW, IV. cont'd 
 9. Curative acts. 
 
 Statutes legalizing invalid municipal con- 
 tracts, see MUNICIPAL COKPORATIONS, 
 56. 
 
 urative act as special legislation. 5 
 L.R.A.(N.S.) 327; 22 L.R.A. (N.S.) 
 534; 42 L.R.A. (N.S.) 465. 
 uring constitutional defect in prior stat- 
 ute. 1 L.R.A.(N.S.) 431. 
 
 Power to cure unconstitutional statute by 
 amendment. 60 L.R.A. 564. 
 
 Validation of unconstitutional statute by 
 constitutional amendment. 38 L.R.A. 
 (N.S.) 77. 
 
 Validation of municipal act judicially de- 
 clared invalid as invasion of powers of 
 judiciary. L.R.A.1917E, 827. 
 
 Constitutionality of statutes curing defect- 
 ive acknowledgments of conveyances of 
 real property. 31 L.R.A. (N.S.) 1076. 
 
 Curative act relieving officer from lia- 
 bility for loss of funds deposited in 
 bank. 36 L.R.A. (N.S.) 294. 
 
 Curative statutes for purpose of curing 
 statutory defects in map or plat. 42 
 L.R.A.(N.S.) 591. 
 
 What provision for notice under curative 
 act is necessary to due process of law 
 in tax proceedings. L.R.A.1916E, 38. 
 
 10. acts legalizing contracts. 
 
 Constitutionality of statute legalizing an 
 
 invalid private 
 L.R.A. 379. 
 
 contract. 22 
 
 Begin ivith this booJo on every law question. 
 
 Statutes legalizing municipal contract. 27 
 L.R.A. 696. 
 
 V. Delegation of powers. 
 
 11. Generally. 
 
 Relation of courts to other departments, see 
 
 COUBTS, 14-18. 
 By municipality, see MUNICIPAL COBPOKA- 
 
 TIONS, 18. 
 
 Power to fix tolls, rates, and prices. 33 
 L.R.A. 182. 
 
 Power to compel prisoner to labor. 27 
 L.R.A. 603. 
 
 Delegation of legislative power to regulate 
 internal management of corporations. 
 10 L.R.A.(N.S.) 251. 
 
 By primary election law. 22 L.R.A. (N.S.) 
 1146; L.R.A.1917A, 264. 
 
 Delegation of power to determine place of 
 confinement of prisoners committed for 
 crime. 42 L.R.A. (N.S>) 978. 
 
 Power to receive verdict in a criminal case. 
 L.R.A.1917E, 1090. 
 
 Power of legislature to delegate power to 
 appoint judges. L.R.A.1916E, 848. 
 
 Delegation of power as to regulations in re- 
 gard to infected animals. 43 L.R.A. 
 . (N.S.) 1068. 
 
 Delegation of power as to regulations con- 
 cerning care or improvement of ceme- 
 tery lots. L.R.A.1915E, 168. 
 
 12. To people. 
 
 Power of legislature to make a statute 
 contingent on approval by a vote of the 
 people. 23 L.R.A. 113.
 
 INDEX TO L.R.A. NOTES. 
 
 231 
 
 CONSTITUTIONAL LAW, V. cont'd 
 Initiative and referendum. 11 L.R.A. 
 (N.S.) 1092; 33 L.R.A. (N.S.) 969; 50 
 L.R.A. (N.S.) 197; L.R.A.1917B, 15. 
 Validity of local option laws and submis- 
 sions to popular vote. 15 L.R.A. 
 (N.S.) 942. 
 
 13. To commission. 
 
 Power of legislature to delegate to commis- 
 sion the right to fix rates to be charged 
 by a public service corporation. 18 
 L.R.A.(N.S.) 713. 
 
 Constitutionality of commission form of 
 government as against objection to 
 delegation of legislative power to mu- 
 nicipalities. 35 L.R.A.(N.S.) 802; 51 
 L.R.A.(N.S.) 632. 
 
 Workmen's compensation act as illegal dele- 
 gation of power. L.R.A.1916A, 425; 
 L.R.A.1917D, 55. 
 
 Statute establishing fund for bonding of 
 public officials. L.R.A.1918B, 179. 
 
 14. To civil service commissioners. 
 
 Legislative power. 34 L.R.A. (N.S.) 481. 
 Judicial power. 34 L.R.A. (N.S.) 481. 
 
 15. To local authorities and boards. 
 
 Delegation of power by municipality, see 
 MUNICIPAL CORPORATIONS, 18. 
 
 Delegation of legislative power to county 
 board of supervisors. 16 L.R.A. 161. 
 
 Power of the legislature to delegate to a 
 municipality authority to form or 
 amend its charter. 43 L.R.A. (N.S.) 
 339. 
 
 Statutes conferring powers upon municipali- 
 ties or counties in respect to their 
 officers as a delegation of legislative 
 power. L.R.A.1916D, 921. 
 
 To legislate on subjects covered by state 
 laws. 1 L.R.A. (N.S.) 382. 
 
 As to local option law. 1 L.R.A. (N.S.) 483. 
 
 To what boards or bodies may power of 
 taxation be delegated. 15 L.R.A. 
 (N.S.) 61; 32 L.R.A.(N.S.) 1078. 
 
 Authority of legislature to make punish- 
 able, failure to comply with rule of 
 health board. 6 L.R.A.(N.S.) 143. 
 
 16. To courts or judges. 
 
 May appointment of municipal officers be 
 constitutionally delegated to courts or 
 judges thereof. 19 L.R.A.(N.S.) 579. 
 
 Constitutionality of succession taxes with 
 respect to jurisdiction of probate 
 courts. 33 L.R.A. (N.S.) 600. 
 
 Validity of statute establishing courts for 
 juvenile offenders. 3 L.R.A.(N.S.) 564; 
 45 L.R.A.(N.S.) 910. 
 
 Delegation to judiciary of investigation of 
 election frauds. L.R.A.1917D, 1046. 
 
 17. As to railroads and carriers. 
 
 To apportion liability for cost of abolish- 
 ing grade crossing. 26 L.R.A. 94. 
 Consult also L.R.A. Digests of Cases. 
 
 CONSTITUTIONAL LAW, V. cont'd 
 Delegability of power to compel railroads 
 to fence tracks. 31 L.R.A. (N.S.) 867. 
 By legislature of power to fix tolls, rates, 
 
 or prices. 33 L.R.A. 182. 
 Delegation by legislature of power to regu- 
 late carriers. 32 L.R.A.(N.S.) 
 639. 
 
 VI. Separation of powers. 
 
 18. Generally. 
 
 Relation of courts to other departments of 
 government, see COURTS, III. 
 
 By commission form of government. 35 
 
 L.R.A.(N.S.) 802; 51 L.R.A.(N.S.) 632. 
 Initiative and referendum. 11 L.R.A. (N.S.) 
 
 1092; 33 L.R.A. (N.S.) 969; 50 L.R.A. 
 
 (N.S.) 197;.L.R.A.1917B, 15. 
 Right of executive officer to fix date of 
 
 execution in a capital case. 14 L.R.A. 
 
 (N.S.) 268. 
 The Torrens Law as devolving executive 
 
 duties upon court. L.R.A.1916D, 21. 
 
 19. Usurpation of power by courts. 
 
 Power of courts generally, see COURTS. 
 Relation of courts to other departments, see 
 COURTS, 14-18. 
 
 Constitutional power of courts or judges 
 
 to appoint officers. 16 L.R.A. 737. 
 Power of judiciary to fix rates to be charged 
 
 by public service corporation. 8 L.R.A. 
 
 (N.S.) 529. 
 Judicial power over the right of eminent 
 
 domain. 22 L.R.A.(N.S.) 1. 
 May judges of municipal or police courts 
 
 be vested or burdened with powers or 
 
 duties of a nonjudicial character. 19 
 
 L.R.A.(N.S.) 615. 
 Power of legislature to impose upon judges 
 
 the duty to assist in drawing jurors. 
 
 23 L.R.A.(N.S.) 1115. 
 
 20. Encroachment on judicial power. 
 
 Power of legislature to abridge power of 
 court to punish for contempt, see CON- 
 TEMPT, 12. 
 
 By the Torrens Law, L.R.A.1916D, 21. 
 
 Statute creating prima facie rule of evi- 
 dence for criminal cases as encroach- 
 ment upon judicial power. L.R.A. 
 1915C, 727. 
 
 Statute requiring county or municipality to 
 pay a claim against it as an inva- 
 sion of powers of judiciary. L.R.A. 
 1917E, 827. 
 
 Legislative divorce as conflicting with judi- 
 cial power. 18 L.R.A. 95. 
 
 Legislative authority to abridge power of 
 courts to punish for contempt. 36 
 L.R.A. 254. 
 
 Power of legislature to prescribe the quali- 
 fications of attorneys. 10 L.R.A. (N.S.) 
 289.
 
 INDEX TO L.R.A. NOTES. 
 
 CONSTITUTIONAL LAW, VI. cont'd 
 Constitutionality of statute requiring hus- 
 band, upon conviction of abandonment, 
 to provide for support of wife or fam- 
 ily. 23 L.R.A.(N.S.) 854. 
 Permitting chancery to set aside a verdict 
 upon an issue directed by it to a law 
 court as an unconstitutional infringe- 
 ment upon the latter's powers. 8 
 L.R.A.(N.S.) 866. 
 
 VII. Local self-government. 
 
 20a. Generally. 
 
 Local self-government in Rhode Island. 50 
 
 L.R.A. 330. 
 
 Right of local self-government; legislative 
 regulation ' of municipal officers. 1 
 L.R.A.(N.S.) 512. 
 
 Right of state to control municipal fire de- 
 partment. 15 L.R.A.(N.S.) 575. 
 Pewer of the legislature to impose burdens 
 upon municipalities and to con- 
 trol their local administration and 
 property. 48 L.R.A. 465. 
 Power to impose Burdens. 48 L.R.A. 
 
 467. 
 
 Compelling payment of nonlegal de- 
 mands. 48 L.R.A. 473; L.R.A. 
 1915D, 927. 
 Power in respect to officers and local 
 
 administration. 48 L.R.A. 479. 
 Power in respect to property and fran- 
 chises. 48 L.R.A. 485. 
 
 Statute establishing juvenile court as in- 
 terfering with right of local self-gov- 
 ernment. 45 L.R.A.(N.S.) 909. 
 
 Till. Republican form of government. 
 
 21. Generally. 
 
 Initiative and referendum as violation of 
 guaranty of. 50 L.R.A.(N.S.) 197; 
 L.R.A.1917B, 17. 
 
 Commission form of government as infringe- 
 ment of guaranty of. 41 L.R.A.(N.S.) 
 112; 51 L.R.A.(N.S.) 632. 
 
 IX. Rights of persons and property, 
 a. In general. 
 
 2 la. Generally. 
 
 Right to bear arms, see CABBYING WEAPONS. 
 Right to jury trial, see JUBY, 3-7. 
 
 Protection of private rights from interfer- 
 ence by public. 18 L.R.A. 543. 
 
 Decision against constitutional right as a 
 nullity subject to collateral attack. 39 
 L.R.A. 449. 
 
 Right to enjoin acts under unconstitutional 
 statute as affected by other remedies in 
 case such acts are done. 8 L.R.A. 
 (N.S.) 124. 
 
 Privileges 
 
 and immunities; 
 protection. 
 
 equal 
 
 22. Generally. 
 
 Equal protection and privileges as to par- 
 ticular matters, see infra, IX. k. 
 Civil rights, see CIVIL RIGHTS. 
 Begin with this book on every law question. 
 
 i 
 
 CONSTITUTIONAL LAW, IX. b cont'd 
 As to general or special legislation, see 
 STATUTES, 15-18. 
 
 Equal privileges and immunities. 14 L.R.A. 
 
 579. 
 Unjust discrimination. 14 L.R.A. 585. 
 
 As to attorneys' fees. 14 L.R.A. 586. 
 Class legislation restricting contracts in 
 
 business. 21 L.R.A. 790. 
 Consideration by Federal Supreme Court of 
 
 questions relating to equal protection 
 
 in reviewing judgment of state court. 
 
 63 L.R.A. 581. 
 Question relating to equal protection as 
 
 Federal question. 62 L.R.A. 531. 
 Validity and enforceability of contract or 
 
 covenant in relation to real property 
 
 which discriminates against persons- 
 
 because of race, color, or religion. 
 
 L.R.A.1916B, 1208. 
 
 c. Due process of law. 
 
 23. Generally. 
 
 Due* process of law as to particular mat- 
 ters, see infra, IX. k. 
 As affecting commerce, see COMMEBCE. 
 
 Denial of, making judgment void. 39 L.R.A. 
 449. 
 
 As a Federal question. 62 L.R.A. 530. 
 
 Continuance of constitutional guarantiee 
 during war or' insurrection. 45 L.R.A. 
 (N.S.) 996. 
 
 Due process in arrest and imprisonment of 
 a citizen of Mexico suspected of or- 
 ganizing in the United States military 
 expedition against Mexico. L.R.A. 
 1917A, 281. 
 
 d. Police power. 
 
 23a. Generally. 
 
 Police power as to particular matters, seo 
 infra, IX. k. 
 
 Equal protection as to matters within po- 
 lice power. 14 L.R.A. 584. 
 
 Municipal police power over railroads in 
 public streets. -70 L.R.A. 851. 
 
 Games or amusements which are proper sub- 
 jects for exercise of police power. 
 L.R.A.1917E, 318. 
 
 e. Restrictions on contracts and busi- 
 ness. 
 
 24. Generally. 
 
 Restrictions as to particular kinds of busi- 
 ness, see infra, IX. k, 1. 
 
 Restrictions as to contracts with employees, 
 see infra, 82-87. 
 
 Constitutionality of statutes restricting con- 
 tracts and business. 21 L.R.A. 789. 
 
 Constitutionality of statute forbidding con- 
 tracts ousting jurisdiction of court. 48- 
 L.R.A.(N.S.) 855. 
 
 Validity of public restrictions as to loca- 
 tion of mercantile business. 49 L.R.A. 
 (N.S.) 438; L.R.A.1917F, 1060. 
 
 Discrimination between residents of city 
 
 and other residents of state. 
 49. 
 
 16 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 233 
 
 CONSTITUTIONAL LAW, IX. e cont'd 
 Power to prohibit stipulation forbidding 
 purchaser to handle goods of other deal- 
 ers. 11 L.R.A. (N.S.) 968. 
 Police regulations of business in which pat- 
 ents are used. 29 L.R.A. 791. 
 
 /. Property rights. 
 
 25. Generally. 
 
 Property rights to particular matters, see 
 also infra, IX. k. 
 
 Right to compensation for private property 
 taken for public use, see EMINENT DO- 
 MAIN, 45-53. 
 
 Equal privileges and immunities as to prop- 
 erty rights. 14 L.R.A. 582. 
 
 Equal protection as to property. 14 L.R.A. 
 5C4. 
 
 Power to make use of property for particu- 
 lar purposes, or in a particular man- 
 ner, conditional upon consent of neigh- 
 bors. 8 L.R.A.(N.S.) 978. 
 
 Constitutionality of the Torrens Law, 
 L.R.A.1916D, 15. 
 
 Statutes infringing freedom to deal with 
 one's property, enacted in order to 
 prevent larceny. L.R.A.1915B, 213. 
 
 Validity of statute providing for removal 
 of covenant restrictions on use of land. 
 L.R.A.1918B, 61. 
 
 26. Contingent interests. 
 
 Legislative power to defeat contingent in- 
 terests in property. 19 L.R.A. 247. 
 
 Power of legislatures to change or destroy 
 estates by dower, curtesy, or simi- 
 lar estates. 19 L.R.A. 256. 
 
 27. Disposal of private property. 
 
 Constitutionality of private statutes to au- 
 thorize. 16 L.R.A. 251. 
 
 28. power of husband as to. 
 
 Power of legislature to restrict husband's 
 right to alienate or encumber com- 
 munity property. 36 L.R.A. (N.S.) 
 1040. 
 
 Power of legislature to take away husband's 
 right to convey or encumber homestead 
 property. 36 L.R.A. (N.S.) 1029. 
 
 g. Vested rights. 
 
 29. Generally. 
 
 Impairment of obligations of contract, see 
 
 infra, IX. j. 
 In statute of limitations, see LIMITATION OF 
 
 ACTIONS, 3. 
 
 Of original beneficiary in life insurance. 
 L.R.A.1918F, 311. 
 
 Of injured employee or of his dependents in 
 right to compensation under Work- 
 men's Compensation Act. L.R.A.1917D, 
 166. 
 
 Exemptions of firemen from jury or militia 
 duty as. 8 L.R.A. (N.S.) 498. 
 
 Effect of constitutional provision asserting 
 title to navigable water on vested ri- 
 parian rights. 6 L.R.A. (N.S.) 257. 
 
 Increase in proportion of tax or assessment 
 imposed on property as impairment of 
 vested rights. 8 L.R.A. (N.S.) 546. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONSTITUTIONAL LAW, IX. g cont'd 
 License to engage in profession or occupa- 
 tion as creating a vested right to con- 
 tinue in same. 8 L.R.A. (N.S.) 1272. 
 Question relating to vested water rights as 
 Federal question. 62 L.R.A. 537. 
 
 29a. In pension. 
 
 Military pension. 50 L.R.A.(N.S.) 1018. 
 Firemen's and policemen's pensions. 50 
 
 L.R.A. (N.S.) 1019. 
 Provision for officer's family. 50 L.R.A. 
 
 (N.S.) 1021. 
 School teachers' pensions. 50 L.R.A. (N.S. ) 
 
 1021. 
 
 h. Freedom of speech, press, and wor- 
 ship. 
 
 29b. Generally. 
 
 Requiring employer to furnish discharged 
 employee with statement of cause of his 
 discharge as violation of. L.R.A.1917B, 
 1115. 
 
 Constitutional freedom of speech and press. 
 
 32 L.R.A. 829. 
 
 As affecting civil service laws. 34 
 L.R.A. 482. 
 
 Invasion, by forbidding mailing of obscene 
 publications. 24 L.R.A. 112. 
 
 i. Guaranties of justice. 
 
 29c. Generally. 
 
 Statute requiring payment of court fees as 
 a violation of the guaranty of justice. 
 L.R.A.1918B, 150. 
 
 j. Impairment of obligation of con- 
 tracts. 
 
 1. In general. 
 
 30. Generally. 
 
 As to vested rights, see supra, 29. 
 
 Consideration by Federal Supreme Court of 
 questions relating to, in reviewing 
 judgment of state court. 63 L.R.A. 
 578. 
 
 31. Exemptions. 
 
 Application to existing judgments of stat- 
 ute abolishing or diminishing exemp- 
 tions. 25 L.R.A. (N.S.) 189. 
 
 32. Taxes and assessments. 
 
 Contract as to extent of street railway com- 
 pany's liability for paving assessment. 
 46 L.R.A. 203. 
 
 Corporation taxation as affected by contract 
 clause in Federal Constitution. 60 
 L.R.A. 33. 
 
 Change of law as to effect of tax certificates 
 as evidence of title. 4 L.R.A.(N.S.) 
 1074. 
 
 Constitutionality of succession tax. 33 
 L.R.A.(N.S.) 592; 50 L.R.A.(N.S.) 
 994. 
 
 33. Miscellaneous. 
 
 Nullification or breach of state contract as 
 
 impairment of obligation of contract. 
 
 45 L.R.A.(N.S.) 721. 
 Constitutionality of statute forbidding 
 
 change of beneficiary in insurance 
 
 policy. 49 L.R.A. (N.S.) 487.
 
 234 
 
 INDEX TO L.R.A. NOTES. 
 
 CONSTITUTIANAL LAW, IX. j, 1 cont'd 
 
 Impairment of third person's rights on 
 legalizing invalid private contract. 22 
 L.R.A. 385. 
 
 Contract exemptions against power of legis- 
 lature to fix tolls, rates or price. 33 
 I..R.A. ISti. 
 
 Right to reduce rates of public service cor- 
 poration fixed by franchise or charter. 
 L.R.A.1915C, 261. 
 
 Effect of contract with patrons to preclude 
 regulation of rates of public service cor- 
 porations. L.R.A.1915C, 282. 
 
 By police regulation of eleotric companies. 
 31 L.R.A. 804. 
 
 Power of municipality to prevent laying an 
 additional track under a franchise to 
 lay double tracks. 36 L.R.A.(N.S.) 
 850. 
 
 Statute extending mortgagor's right of pos- 
 session on foreclosure of pre-existing 
 mortgages. 31 L.R.A. 7^1. 
 
 Statute limiting hours of labor. 65 L.R.A. 
 42. 
 
 Statute regulating time of payment of 
 wages. 51 L.R.A. (N.S.) 1097. 
 
 Impairment of contract obligations by Avork- 
 men's compensation act. L.R.A. 1916A, 
 426; L.R.A.1917D, 56. 
 
 Ktl'cc't of legislation limiting cost of new in- 
 surance on existing contracts with 
 agents. 19 L.R.A. (N.S.) 946. 
 
 Right under reserved power to amend or re- 
 peal charter of corporation to change 
 the rights of stockholders as to voting 
 the stock. 22 L.R.A. (N.S.) 420. 
 
 Alteration of stockholders' liability as im- 
 pairment of the obligation of contract. 
 L.R.A.1915B, 797. 
 
 Statutes requiring railroad company to 
 fence tracks and build cattle guards as 
 impairing contract obligation. 31 
 L.R.A.(N.S.) 866. 
 
 Right to prohibit sale of liquors as limited 
 by provision of Federal Constitution 
 against. 15. L.R.A. (N.S.) 929. 
 
 2. What are contracts. 
 
 34. Generally. 
 
 Generally. 17 L.R.A. 611. 
 
 Change of interest on judgments. 17 L.R.A. 
 612. 
 
 < 'onstitutional provisions as to impairment 
 of obligation. 17 L.R.A. 613. 
 
 Obligations created by judgments. 17 
 L.R.A. 614. 
 
 Privilege of using streets as a contract. 50 
 L.R.A. 142; L.R.A.1918E, 892. 
 
 Provision as to rates in franchise or char- 
 ter of public service corporation as a 
 contract. L.R.A.1915C, 268. 
 
 3. As to remedies. 
 
 35. Generally. 
 
 Effect of statutory declaration that murder 
 committed by certain means or while 
 engaged in commission of felony shall 
 be murder in first degree upon right of 
 jury to pass upon decree. L.R.A.1916D. 
 610. 
 
 Begin iritlt this boo 7.- on every law question. 
 
 CONSTITUTIONAL LAW, IX. j, 3 cont'd 
 36. Limitation of actions. 
 
 Reasonableness of period allowed by statute 
 of limitations in respect to existing 
 cause of action. 21 L.R.A. (N.S.) 157. 
 
 Applicability to existing contracts of stat- 
 ute avoiding contractual stipulations 
 limiting time for action. 38 L.R.A. 
 (N.S.) 1016. 
 
 37. Enforcement of liability of stock- 
 holder. 
 
 Validity of act changing remedy to enforce 
 stockholder's liability. 3 L.R.A. (N.S.) 
 954; L.R.A.1015B, 802. 
 
 By change of remedy for enforcement of 
 stockholder's liability in foreign juris- 
 diction. 33 L.R.A. (N.S.) 90!). 
 
 Impairment of obligation by change of 
 remedy of creditor of corporation 
 against stockholder. 1 L.R.A. (N.S.) 
 1171. 
 
 4. By change in decisions. 
 
 38. Generally. 
 
 Effect of change of judicial decision to im- 
 pair the obligation of a contract. 16 
 L.R.A. 646; 5 L.R.A. (N.S.) 860; 23 
 L.R.A.(N.SL) 500. 
 
 k. Rights on various particular sub- 
 jects. 
 
 1. In general; regulation of business ; 
 license. 
 
 39. Generally. 
 
 As to licenses, generally, see LICENSE, II. 
 
 Revocation of license, see LICENSE, S 17, 
 18. 
 
 Discrimination as to license fees, see LI- 
 CENSE, 46, 46a. 
 
 Municipal regulation of business, see MU- 
 NICIPAL COBPOBATIONS, 42-50. 
 
 40. Aliens. 
 
 Treaty guaranties to alien. 36 L.R.A. 277. 
 
 Equal protection of rights of aliens. 14 
 L.R.A. 583. 
 
 Power of state, under 14th Amendment to 
 the United States Constitution, to deny 
 to aliens the right to engage in a law- 
 ful occupation. 11 L.R.A. (N.S.) 799. 
 
 Discrimination against, by statute or ordi- 
 nance imposing license or occupation 
 tax. 40 L.R.A.(N.S.) 281. 
 
 Validity of discrimination against aliens by 
 inheritance tax law as affected by 
 treaties with foreign government. 
 L.R.A.1916A, 474. 
 
 41. Amusements. 
 
 Moving pictures, see infra, 123. 
 
 Power of state to determine location of 
 places of amusement. L.R.A.1916D, 99. 
 
 Legislation forbidding speculation in theater- 
 tickets. L.R.A.1918D, 388. 
 
 Games or amusements which are proper sub- 
 jects for police power. L.R.A.1917E,. 
 318.
 
 INDEX TO L.R.A. NOTES. 
 
 235 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 42. Animals. 
 
 Right to kill dogs under police power. 15 
 L.R.A. 249; 40 L.R.A. 510; 19 L.R.A. 
 (N.S.) 835; 28 L.R.A. (N.S.) 673; 
 L.R.A.1915C, 360. 
 
 Killing of unlicensed dogs as taking prop- 
 erty without due process of law. 40 
 L.R.A. 523. 
 
 Constitutionality of statutes authorizing 
 seizure of animals by humane officers. 
 15 L.R.A. (N.S.) 554. 
 
 Validity of statutory regulations as to in- 
 fected animals. 43 L.R.A. (N.S.) 1066. 
 
 Power to require destruction of diseased do- 
 mestic animals without making com- 
 pensation therefor. 18 L.R.A. (N.S,.) 
 369. 
 
 Validity of statute permitting the summary 
 killing of domestic animals other than 
 dogs, running at large. 21 L.R.A. 
 (N.S.) 699. 
 
 Constitutionality of statute allowing cattle 
 to graze on highway. 33 L.R.A. (N.S.) 
 1055. 
 
 Constitutionality of statutes making rail- 
 road companies absolutely liable for 
 damage to stock irrespective of negli- 
 gence. 35 L.R.A. (N.S.) 1018. 
 
 Police power as to dead animals. 38 L.R.A. 
 330; 48 L.R.A. (N.S.) 979. 
 
 Constitutionality of statute or ordinance for 
 prevention of cruelty to animals. 
 L.R.A.1916A, 951. 
 
 42a. Army and Navy. 
 
 Power of state under Federal Constitution 
 to legislate with respect to Army and 
 Navy. L.R.A.191SC, 307. 
 
 Validity of statute making military service 
 Compulsory. 7 B. R. C. 593. 
 
 43. Assessments. 
 
 Impairment of contract obligations, see 
 
 supra, 32. 
 As to taxes, see infra, 154-157. 
 
 Special assessment as a tax. 3 L.R.A. 
 (N.S.) 837. 
 
 Power of legislature to make special assess- 
 ment superior to prior liens. 35 L.R.A. 
 373: 30 L.R.A. (N.S.) 762. 
 
 Assessments for improvements by front- 
 foot rule. 17 L.R.A. 330; 28 L.R.A. 
 (N.S.) 1124-, 50 L.R.A.(N.S.) 922; 
 L.R.A. 1917D, 372. 
 
 Personal liability of property owner to pay 
 assessments for local improvements. 
 18 L.R.A.(N.S.) 1259; 29 L.R.A. (N.S.) 
 770. 
 
 Selection of interested person to assesss 
 benefits for improvements. 16 L.R.A. 
 (N.S.) 292. 
 
 Increase in proportion of assessment im- 
 posed on property as impairment of 
 vested rights. 8 L.R.A. (N.S.) 546. 
 
 Impairment of obligation of contract as to 
 extent of street railway company's 
 liability for paving assessment. 46 
 L.R.A. "203. 
 
 Landowner's right to notice and hearing of 
 assessment for public improvements. 
 28 L.R.A. (N.S.) 1201. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 44. Assignments. 
 
 Statute restricting assignment of salary or 
 wages. 28 L.R.A. (N.S.) 1108; 43 
 L.R.A.(N.S.) 746. 
 
 45. Associations. 
 
 Building and loan associations, see infra, 
 
 53. . 
 
 Corporations, see infra, 62. 
 Religious societies, see infra, 146. 
 
 Right to prohibit wearing badge of society 
 by nonmember. 24 L.R.A. (N.S.) 795. 
 
 46. Attorneys, compensation and 
 lien of. 
 
 Attorneys' fees, see infra, 180. 
 
 Constitutionality of statute requiring an 
 attorney to perform services for the 
 public without remuneration. 42 
 L.R.A. (N.S.) 527. 
 
 Constitutionality of statutes providing for 
 attorneys' liens. 40 L.R.A. (N.S.) 529. 
 
 Constitutionality of statutes relating to dis- 
 barment of attorneys. 44 L.R.A. 
 (N.S.) 1195. 
 
 T 47. Automobiles. 
 
 Validity of statute making owner liable for 
 injury by automobile beinsr used by 
 another. 45 L.R.A. (N.S.) 699; L.R.A. 
 1918A, 918.. 
 
 Constitutionality of acts regulating speed of 
 automobiles. L.R.A.1918D, 132. 
 
 Constitutionality of statutes giving lien on 
 automobile for injuries done by it. 
 L.R.A.1917E, 928. 
 
 48. Bakeries. 
 
 Power to regulate the location or condition 
 of bakeries. 26 L.R.A.(N.S.) 842. 
 
 49. Bankers. 
 
 Constitutionality of statute prohibiting 
 private banking. 15 L.R.A. 477. 
 
 Power to prohibit or regulate banking busi- 
 ness by individuals. 5 L.R.A. (N.S.) 
 874; 25 L.R.A. (N.S.) 1217. 
 
 Constitutionality of bank guaranty law, 
 32 L.R.A.(N.S.) 1065. 
 
 Constitutionality of statute authorizing 
 officer to take charge of assets of bank 
 upon suspicion of insolvency. L.R.A. 
 1915E, 675. 
 
 g 50. Barbers. 
 
 Constitutionality and effect of restrictions 
 on right to practise trade of barber. 40 
 L.R.A.(N.S.) 629. 
 
 51. Bread. 
 
 See infra, 118. 
 
 5 la. Bonds. 
 
 Constitutionality of statute establishing 
 fund for bonding of public officials. 
 L.R.A.1918B, 179. 
 
 Constitutionality of Blue Sky Laws. L.R.A. 
 1917F, 524.
 
 236 
 
 INDEX TO L.R.A. NOTES. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 Constitutionality of statute requiring bond 
 to protect laborers and materialmen up- 
 on entering into a building contract. 
 L.R.A.1918A, 1199. 
 
 52. Brokers. 
 
 Police power to restrict business in case of 
 ticket brokers. 24 L.R.A. 152. 
 
 Power of legislature to prohibit offering 
 another's real estate for sale without 
 written authority. 12 L.R.A.(N.S.) 
 707. 
 
 Power of legislature to require that con- 
 tracts for commissions for finding a 
 purchaser for real estate shall be in 
 writing. 33 L.R.A.(N.S.) 973. 
 
 Constitutionality of Blue Sky Laws. L.R.A. 
 1917 F, 524. 
 
 53. Building and loan association. 
 
 Validity and effect of statute requiring de- 
 posit of securities by building and loan 
 association as a prerequisite to the 
 right to transact business. 9 L.R.A. 
 (N.S.) 461. 
 
 S 54. Buildings. 
 
 Police power over condition of buildings. 
 16 L.R.A. 400. 
 
 Power of municipality to require permit to 
 construct or repair building within its 
 limits. 13 L.R.A.(N.S.) 737. 
 
 Constitutionality of statute or ordinance 
 limiting height of building. 23 L.R.A. 
 (N.S.) 1160; L.R.A.1918C, 78. 
 
 Right of municipality to permit use of pub- 
 lic buildings for private purposes. 31 
 L.R.A. (N.S.) 580. 
 
 Constitutionality of statutory regulations 
 as to safety and sanitary conditions of 
 tenement, lodging, and boarding 
 houses. 17 L.R.A. (N.S.) 486. 
 
 Constitutionality of party wall statutes. 
 66 L.R.A. 710. 
 
 Validity of public restriction as to location 
 of mercantile business. L.R.A.1917F 
 1060. 
 
 55. Bulk sale. 
 
 As to construction and effect of "bulk sale" 
 laws, see FBAUDULENT CONVEYANCES 
 la. 
 
 Constitutionality of bulk sale legislation. 
 2 L.R.A.(N.S.) 331; 20 L.R.A.(N.S.) 
 160; L.R.A.1915E, 917. 
 
 56. Carriers. 
 
 Governmental regulation of carriers gener- 
 ally, see CARRIERS, V. 
 
 Action of public authorities under police 
 power as defense to carrier for delay 
 or nondelivery of freight. 28 L.R.A. 
 (N.S.) 139. 
 
 Constitutionality of statute requiring car- 
 rier to sell tickets good on connecting 
 line. 42 L.R.A. (N.S.) 541. 
 
 Constitutionality of legislation affecting the 
 amount of liability or penalty for delay 
 in delivery, or' for destruction, of 
 freight. 20 L.R.A. (N.S.) 126. 
 
 Begin \cith this book on every Ian 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 
 Constitutionality of statute making bill of 
 lading conclusive proof of receipt of 
 property. 22 L.R.A. (N.S.) 821. 
 
 Constitutionality of statute which makes 
 shipper's statement as to weight con- 
 clusive. L.R.A.1917E, 1022. 
 
 Constitutionality of statute fixing mini- 
 mum rate of speed at which carrier 
 may transport special kinds of freight. 
 26 L.R.A. (N.S.) 1018; L.R.A.1917C, 
 142. 
 
 Constitutionality of statute imposing pen- 
 alty or added liability for failure 
 of carrier to pay claim. 42 L.R.A. 
 (N.S.) 106; L.R.A.1917B, 926. 
 
 Constitutionality of full crew acts. 49 
 L.R.A. (N.S.) 978. 
 
 Constitutionality of statute requiring un- 
 occupied upper berth to be left closed. 
 L.R.A.1916A, 1139. 
 
 57. Children. 
 
 Minor employees, see infra, 83. 
 
 Constitutionality of statute permitting 
 
 adoption of child without consent of 
 
 parents. 18 L.R.A. (N.S.) 926. 
 Validity of statute regulating admission ol 
 
 minors to saloons. 22 L.R.A. (N.S.) 
 
 1007. 
 
 Restraint on freedom of child as impair- 
 ment of child's constitutional 
 rights. 18 L.R.A. (N.S.) 886. 
 Statute authorizing commitment of minors 
 
 to reformatories without conviction of 
 
 crime. 16 L.R.A. 691. 
 Constitutionality of statutes establishing 
 
 juvenile courts. 45 L.R.A. (N.S.) 908. 
 
 58. after born children. 
 
 Divestiture of estates of persons not in 
 being. 8 L.R.A. (N.S.) 49. 
 
 59. Civil service laws. 
 
 Delegation of legislative power. 34 L.R.A. 
 
 (N.S.) 481. 
 Delegation of judicial power. 34 L.R./. 
 
 (N.S.) 481. 
 Privileges and immunities of citizens. 34 
 
 L.R.A.(N.S.) 481. 
 Free speech and action. 34 L.R.A. (N.S.) 
 
 482. 
 Right of trial by jury. 34 L.R.A. (N.S.) 
 
 482. 
 
 Penalties. 34 L.R.A.(N.S.) 483. 
 Local and special legislation. 34 L.R.A. 
 
 (N.S.) 483. 
 
 Sufficiency of title. 34 LJl.A.(N.S.) 483. 
 Partial invalidity. 34 L.R.A. (N.S.) 484. 
 Power of appointment. 34 L.R.A. (N.S.) 
 
 484. 
 
 Tenure of office. 34 L.R.A. (N.S.) 485. 
 Examination as illegal test. 34 L.R.A. 
 
 (N.S.) 486. 
 Provision as to fitness. 34 L.E.A. (N.S.) 
 
 486. 
 
 Validity of statute giving veterans pref- 
 erence in appo ntment to office. 10 
 
 L.R.A.(N.S.) 825.
 
 INDEX TO L.R.A. NOTES. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 60. Conservation of natural re- 
 sources. 
 
 Constitutionality of statute to prevent waste 
 of subterranean waters, natural gas, or 
 oil. L.R.A.1918B, 134. 
 
 Constitutionality of legislation restricting 
 or regulating the right to cut timber on 
 private land. 19 L.R.A.(N.S.) 422. 
 
 Constitutionality of statutes to prevent 
 waste of subterranean water, natural 
 gas, or oil. 23 L.R.A.(N.S.) 436. 
 
 Right of state to forbid exportation of 
 natural resources. 35 L.R.A. (N.S.) 
 1193. 
 
 61. Convict labor. 
 
 Constitutional objections to convict labor 
 contracts. L.R.A.1916D, 660. 
 
 62. Corporations. 
 
 Impairment of obligations of contract as to 
 enforcing liability of stockholders, see 
 supra, 37. 
 
 As to carriers, see supra, 56. 
 
 As to railroad companies, see infra, 142. 
 
 As to foreign corporations, see CORPO- 
 RATIONS, XI. 
 
 Status of corporations as persons or citi- 
 zens, see CoRPOBATiOiNS, 9, 10. 
 
 Equal protection as to. 14 L.R.A. 585. 
 
 Constitutionality of provisions as to bonus 
 stock of corporation. 38 L.R.A. 491. 
 
 Constitutionality of retroactive statute cre- 
 ating right of action against private 
 corporation. 52 L.R.A. 938. 
 
 Right under reserved power to amend or re- 
 peal charter of corporation to change 
 rights of stockholders as to voting the 
 stock. 22 L.R.A. (N.S.) 420. 
 
 Power of public to determine capacity or 
 suitableness of particular officer, agent, 
 or employee of private corporation, or 
 corporation whose business is affected 
 with a public interest. L.R.A.1915E, 
 708. 
 
 63. Cremation. 
 
 Regulations concerning cremation of human 
 bodies. 52 L.R.A. (N.S.) 408. 
 
 64. Crops. ) 
 
 See infra, 130. 
 
 65. Curtesy. 
 
 Power of legislature to change or destroy 
 estates by curtesy. 19 L.R.A. 257. 
 
 66. Dentists. 
 
 Constitutionality of statute affecting right 
 to practise dentistry of one who has 
 practised in another state. L.R.A. 
 1915D, 538. 
 
 67. Department stores. 
 
 Restrictive statutes against "company 
 
 stores." 21 L.R.A. 797. 
 Legal restrictions on department stores. 
 
 48 L.R.A. 261. 
 Consult also L'.R.A. Digests of Cases, 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 68. Divorce; alimony. 
 
 Constitutionality of retroactive statute 
 creating right of action or set-off on 
 account of past acts or transactions as 
 to. 52 L.R.A. 934. 
 
 Imprisonment for failure to pay alimony. 
 17 L.R.A.(N.S.) 1140. 
 
 69. Descent and distribution. 
 
 Power to give child under existing adoption, 
 right to inherit from parent or parent's 
 relatives. 35 L.R.A.(N.S.) 216. 
 
 70. Destruction of property by mob. 
 
 Constitutionality of statutes imposing lia- 
 bility for property destroyed by mob. 
 24 L.R.A. 600; -i4 L.R.A.(N.S.) 361. 
 
 71. Devcstiture of estates. 
 
 Devestiture of estates of persons not in 
 being. 8 L.R.A. (N.S.) 49. 
 
 72. Disbarment. 
 
 Of attorney, see supra, 46. 
 
 73. Disorderly houses. 
 
 Forfeiture of property found in bawdy- 
 house. 52 L.R.A. (N.S.) 932. 
 
 Constitutionality of statutes or ordinance 
 against. L.R.A.1917B, 1078. 
 
 74. Dower. 
 
 Power of legislature to change or destroy 
 estates by dower. 19 L.R.A. 256. 
 
 Power of legislature to increase dower 
 right. 17 L.R.A.(N.S.) 319. 
 
 74a. Drains and sewers. 
 
 Power to compel connection of property 
 with public sewer. L.R.A.1918C, 258. 
 
 75. Elections. 
 
 Constitutional right to vote, see ELEC- 
 TIONS, I. 
 
 Equal privileges and immunities as to 
 
 right to vote. 14 L.R.A. 580. 
 Constitutionality of popular elections of 
 
 United States senators. 41 L.R.A. 
 
 (N.S.) 140. 
 Statutes restricting vote of elector to less 
 
 than all when several officers are to be 
 
 chosen for same office. 33 L.R.A. 141. 
 Constitutionality of decision of tie vote by 
 
 lot. 47 L.R.A. 554. 
 Constitutionality of statute prescribing 
 
 property qualification on right to vote 
 
 on establishment of drainage district. 
 
 44 L.R.A. (N.S.) 539. 
 Constitutionality of preferential system of 
 
 voting. L.R.A.] 916B, 939. 
 Constitutionality of statute requiring voter 
 
 to vote for all officers. L.R.A.1915B, 
 
 402. 
 
 76. ballots. 
 
 Constitutionality of Australian ballot stat- 
 utes. 16 L.R.A. 754. 
 
 Constitutionality of statute for numbering: 
 ballots. 8 L.R.A. (N.S.) 888. 
 
 Validity of statute as to marking official 
 ballot. 47 L.R.A. 806.
 
 238 
 
 INDEX TO L.R.A. NOTES. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 
 Constitutionality of legislation affecting 
 
 party representation on official ballot. 
 
 :;:, L.K.A.(\.S.) 353. 
 Constitutionality of legislation restricting 
 
 candidate to one place on ballot. 37 
 
 L.R.A.(N.S.) 825. 
 Constitutionality of provision limiting 
 
 names of candidates on official ballot. 
 
 L II.A.1915A, 1190. 
 Constitutionality of statute providing for 
 
 lection of judicial officers by separate 
 
 ballot. 44 L.R.A.(N.S.) 712. 
 
 77. voting machine. 
 
 Use of voting machine as violation of con- 
 stitutional requirement that all elec- 
 tions shall be by ballot. 7 L.R.A. (N.S.) 
 621; 24 L.R.A.(N.S.) 188. 
 
 78. primary elections. 
 
 Constitutionality of primary election laws. 
 
 22 L.R.A.(N.S.) 1136; 41 L.R.A.(N.S.) 
 
 132; L.R.A.1917A, 259. 
 Constitutionality of statute imposing fee 
 
 for filing nominations. L.R.A.1915B, 
 
 197. 
 
 79. Electric companies. 
 
 Police regulation of electric companies. 31 
 
 L.R.A. 804. 
 Privilege of using streets for electric light 
 
 poles and wires, etc., as a contract. 
 
 L.R.A.1918E, 907. 
 
 80. Elevators. 
 
 Validity of regulations concerning. 42 
 
 L.R.A. (N.S.) 899. 
 Legislative power to fix tolls, rates, or 
 
 prices. 33 L.R.A. 178. 
 
 81. Eminent domain. 
 
 Constitutionality of statute authorizing tak- 
 ing of more property than is intended 
 to be used to effect public purpose. 46 
 L.R.A.(N.S.) 1196. 
 
 82. Employers and employees. 
 
 As to convict labor, see supra, 61. 
 
 As to employment agencies, see infra, 88. 
 
 Constitutionality of statutes affecting re- 
 lation generally, see MASTER AND SERV- 
 ANT, 10. 
 
 Prohibiting or restricting employment of 
 
 aliens. L.R.A.1916D, 569. 
 Constitutionality of statute requiring pre- 
 
 liminary apprenticeship 
 for railroad employees. 
 
 677. 
 
 L.R.A.1915D, 
 
 Who may raise question that employers' 
 
 liability law involves unconstitutional 
 
 discrimination. 32 L.R.A. (N.S.) 958. 
 Constitutionality of workmen's compensa- 
 
 tion and industrial insurance statutes. 
 
 L.R.A.1916A, 409; L.R.A.1917D, 51. 
 Constitutionality of Federal employers' lia- 
 
 bility act. 47 L.R.A.(N.S.) 38;'L.R.A. 
 
 1915C, 47. 
 Validity of statute abrogating fellow-serv- 
 
 ant rule. 12 L.R.A.(N.S.) 1040; 47 
 
 L.R.A. (N.S.) 84. 
 Constitutionality of statute rendering mas- 
 
 ter liable for injury to servant, irre- 
 
 spective of 
 (N.S.) 162. 
 
 negligence. 34 L.R.A. 
 
 Begin irilh this book on every law question. 
 
 Validity of statutes and ordinances for pro- 
 tection or comfort of street car oper- 
 atives. 42 L.R.A. (N.S.) 1060. 
 
 Constitutionality of full crew acts. 49 
 L.R.A.(N.S.) 978. 
 
 Statute requiring mine owner or operator 
 to furnish wash rooms or similar con- 
 veniences for employees. L.R.A.1915B, 
 420. 
 
 Constitutionality of statute requiring one 
 advertising for help during strike to 
 mention its existence. 49 L.R.A. (N.S.) 
 879. 
 
 Constitutionality of statute restricting rem- 
 edy by injunction in labor disputes. 
 L.R.A.1916F, 836. 
 
 Constitutionality of statutes restricting 
 right of employer to discharge em- 
 ployee. L.R.A.1017B, 1122. 
 
 Constitutionality of statutes requiring the 
 employer to furnish a discharged em- 
 ployee with a statement of the cause of 
 his discharge. L.R.A.1917B, 1115. 
 
 83. children and women employ- 
 ees. 
 
 See MASTER AND SERVANT, 12. 
 
 84. affecting right to contract. 
 
 See MASTER AND SERVANT, 11. 
 
 85. hours of labor. 
 
 See MASTER AND SERVANT, 33. 
 
 86. wages. 
 
 See MASTER AND SERVANT, 30, 31. ^ 
 
 87. labor organizations. 
 
 Constitutionality of statutes forbidding em- 
 ployer to exact an agreement from em- 
 ployee not to join labor union. 7 L.R.A. 
 (N.S.) 282; L.R.A.1915C, 960. ' 
 
 Right of municipality or other public body 
 to discriminate in favor of organized 
 labor. 23 L.R.A.(N.S.J 815; 52 L.R.A. 
 (N.S.) 728. 
 
 Exempting wage earners from anti-trust 
 laws. 52 L.R.A. (N.S.) 525. 
 
 Constitutionality of statute restricting rem- 
 edy by injunction in labor disputes. 
 L.R.A.1916F, 836. 
 
 Constitutionality of statutes for protection 
 of union labels. 39 L.R.A. (N.S.) 1190. 
 
 Validity of statute or ordinance against 
 picketing. L.R.A.1918C, 282. 
 
 88. Employment agencies. 
 
 Police power to license employment agen- 
 cies. 2 L.R.A. (N.S.) 859; 21 L.R.A. 
 (N.S.) 263; L.R.A.1916E, 1150. 
 
 Constitutionality of statute forbidding tak- 
 ing of fee for securing employment for 
 another. L.R.A.1917B, 1280. 
 
 89. Esthetics. 
 
 Exercise of police power for esthetic pur- 
 poses. 34 L.R.A. (N.S.) 998; L.R.A. 
 1917A, 1220. 
 
 90. Exemptions. 
 
 Application to existing judgments of stat- 
 ute abolishing or diminishing exemp- 
 tions. 25 L.R.A. (N.S.) 189.
 
 INDEX TO L.R.A. NOTES. 
 
 239 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 91. Firemen. 
 
 Validity of law imposing tax on insurance 
 companies for benefit of firemen. 13 
 L.R.A.(N.S.) 1147. 
 
 92. Fish and game laws. 
 
 Legislative grants of right to fish. 60 
 L.R.A. 490. 
 
 Constitutionality of governmental control 
 over right of fishery. 39 L.R.A. 591. 
 
 Prohibition or regulation of fishing over 
 private land. L.R.A.1916E, 523. 
 
 Extension of regulation as to shell fishing, 
 to private bed. 12 L.R.A. (N.S.) 869; 
 L.R.A.1918E, 111. 
 
 Confiscation of nets found in illegal use. 
 3 L.R.A.(N.S.) 997. 
 
 Statutory prohibition of pollution of water 
 to protect fishery. 34 L.R.A. (N.S.) 
 286. 
 
 Discrimination as to waters in legislation 
 restricting or regulating fishing rights. 
 41 L.R.A. (N.S.) 469. 
 
 What discrimination as to persons is per- 
 missible. 26 L.R.A. (N.S.) 794. 
 
 Forbidding possession of game during 
 closed season. 3 L.R.A. (N.S.) 163. 
 
 Power to prohibit sale, by person lawfully 
 in possession, of game taken within the 
 state. 21 L.R.A. (N.S.) 608. 
 
 Constitutionality of the "migratory birds" 
 provision in the act of Congress of 
 March 4, 1913. L.R.A.1915F, 1031. 
 
 Constitutionality of game laws as affected 
 by the fact that game protected is de- 
 structive of private property. L.R.A. 
 1918C, 404. 
 
 93. Flag. 
 
 Statutes against desecration of flag. 7 
 L.R.A.(N.S.) 1079. 
 
 94. Food and drink. 
 
 Water supply, see infra, 174. 
 Intoxicating liquors, see infra, 
 
 109. 
 
 Legislative power to fix tolls, rates, or 
 prices. 33 L.R.A. 181. 
 
 Regulation of price of food as valid exer- 
 cise of the war power. 7 B. R. C. 663 
 
 Validity of statute or ordinance for destruc- 
 tion of food products below prescribed 
 standard or unfit for use. 29 L.R.A. 
 (N.S.) 260. 
 
 Constitutionality of discriminations in stat- 
 utory regulations concerning food 
 products. 34 L.R.A.(N.S.) 650. 
 
 Validity of regulations as to weight of loaf 
 of bread. 44 L.R.A.(N.S.) 632. 
 
 Constitutionality of statutes in relation to 
 vinegar. 49 L.R.A. (N.S.) 1206. 
 
 Regulations affecting ice cream. L.R.A. 
 1917B, 207. 
 
 Constitutionality of statute requiring an- 
 nouncement that article is imported. 
 L.R.A.1916E, 1186. 
 
 Power to prescribe the manner or method 
 of determining quantity or amount of 
 commodity. L.R.A.1916E, 379. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 95. milk. 
 
 Validity of regulations as to milk. L.R.A. 
 
 1917C, 243. 
 Discriminations. 34 L.R.A. (N.S.) 650; 
 
 L.R.A.1917C, 244. 
 
 Requiring license. 1 L.R.A. (N.S.) 
 936; 27 L.R.A.(N.S.) 1151; L.R.A 
 1917C, 245. 
 Regulations affecting quality. L.R.A. 
 
 1917C, 246. 
 
 Prescribing standard. 1 L.R.A. 
 (N.S.) 918; L.R.A.1917C, 246. 
 Destruction of milk below stand- 
 ard. L.R.A.1917C, 247. 
 Adulteration. 1 L.R.A. (N.S.) 
 
 928; L.R.A.1917C, 248. 
 Tests or analyses. 1 L.R.A. (N.S.) 
 
 926; L.R.A.1917C, 249. 
 Regulations affecting the handling or 
 transportation of milk. L.R.A. 
 1917C, 250. 
 
 Prohibiting sale of milk except in 
 bottles. 33 L.R.A. (N.S.) 401; 
 L.R.A.1917C, 252. 
 Regulations as to herds. L.R.A.1917C, 
 
 253. 
 
 Infected milch cattle and tuber- 
 culin test. 43 L.R.A.(N.S.) 
 1072; L.R.A.1917C, 254. 
 Food- for milch cows. 1 L.R.A. 
 
 (N.S.) 932. 
 Requiring that samples of milk be given 
 
 to inspectors. L.R.A.1917C, 256. 
 Inspection fees. L.R.A.1917C, 256. 
 
 96. soft drinks. 
 
 See INTOXICATING LIQUORS, 4. 
 
 97. Gambling device. . 
 
 Gambling device as property within consti- 
 tutional protection. 12 L.R.A. (N.S.) 
 394. 
 
 98. Game laws. 
 
 See supra, 92. 
 
 99. Garage. 
 
 Prohibition or regulation of. L.R.A.1915D, 
 603. 
 
 100. Gas. 
 
 Privilege of using streets for gas pipes as 
 a contract within rule against impair- 
 ing obligation of contracts. 50 L.R.A. 
 146; L.R.A.1918E, 908. 
 
 Validity of statute or ordinance making 
 property or property owner liable "for 
 light furnished tenant. L.R.A.1918D, 
 364. 
 
 101. Habitual drunkards. 
 
 See infra, 106. 
 
 102. Health. 
 
 Protection of health of employees. 32 
 L.R.A. 853. 
 
 Power of health authority to require alter- 
 ation on private property in a par- 
 ticular manner to abate nuisance en- 
 dangering public health. 24 L.R.A. 
 (N.S.) 241.
 
 240 
 
 INDEX TO L.R.A. NOTES. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 Constitutionality of laws prohibiting carry- 
 ing on of employments or occupations 
 upon certain premises. 44 L.R.A. 
 (N.S.) 46. 
 
 Prohibition or regulation of the manu- 
 facture, sale, or importation of tobacco. 
 L.R.A.1918B, 988. 
 
 108. Highways. 
 
 As to automobiles, see supra, 47. 
 Regulation of use of jitney busses on, see 
 infra, 110. 
 
 State or municipal regulations affecting 
 those engaged in handling United States 
 mails. L.R.A.1918C, 940. 
 
 Power of municipality to prohibit loitering 
 on public street. 15 L.R.A.(N.S.) 973. 
 
 Validity of enactments restricting use of 
 highways by bicyclists. 47 L.R.A. 290. 
 
 Privilege of using streets as a contract. 
 50 L.R.A.142; L.R.A.1918E, 892. 
 
 Validity of statutes or ordinances regu- 
 lating horse drawn vehicles in city 
 streets. 31 L.R.A.(N.S.) 682. 
 
 Constitutionality of statute allowing cattle 
 to graze on highway. 33 L.R.A.(N.S.) 
 1055. 
 
 Forbidding or restricting teaming on cer- 
 tain public ways. 51 L.R.A. (N.S.) 
 1203. 
 
 Compelling occupant or owner of property 
 bordering on public street to remove 
 snow and ice from sidewalks. L.R.A. 
 1918D, 1019. 
 
 Power to require railroad to construct side- 
 walk across its tracks or right of way. 
 L.R.A.1918D, 1157. 
 
 104. Horse racing. 
 
 Power of state to prohibit or regulate horse 
 ' racing. 25 L.R.A.(N.S.) 905. 
 
 105. Imported articles. 
 
 Constitutionality of statute requiring an- 
 nouncement that article is imported. 
 L.R.A.1916E, 1186. 
 
 106. Inebriates. 
 
 Validity of statute providing for governmen- 
 tal assistance of. 7 L.R.A. (N.S.) 1196. 
 
 Validity of statute providing for commit- 
 ment of inebriates, without their con- 
 sent, to private or public institution. 
 17 L.R.A.(N.S.) 984. 
 
 S 106a. Incompetent persons. 
 
 Power of state to make estate of person com- 
 mitted to insane asylum, or his rela- 
 tives, liable for cost of his maintenance 
 therein. 24 L.R.A.(N.S.) 295. 
 
 107. Insurance. 
 
 Fire insurance as a business affected by pub- 
 lic interest. 29 LuR.A.(N.S.) 1195; 
 L.R.A.1915C, 1189. 
 
 Power of legislature to regulate life insur- 
 ance rates. 37 L.R.A.(N.S.) 778. 
 
 Constitutionality of compulsory industrial 
 insurance. 37 L.R.A.(N.S.) 466. 
 
 Begin with this book on every law question. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont <l 
 
 Validity of law imposing tax on insurance 
 companies for benefit of firemen. 13- 
 L.R.A. (N.S.) 1147. 
 
 Power of legislature to forbid defense of 
 suicide in life insurance. 31 L.R.A. 
 (N.S.) 831. 
 
 Effect of legislation limiting cost of new in- 
 surance on existing contracts with 
 agents. 19 L.R.A.(N.S.) 946. 
 
 Constitutionality of statute denying insur- 
 er's right of subrogation against person 
 responsible for destruction of property. 
 41 L.R.A.(N.S.) 1202. 
 
 108. Interest; usury. 
 
 Constitutionality of statutory discrimina- 
 tion as to interest rates. 2 L.R.A. 
 (N.S.) 813; 27 L.R.A.(N.S.) 898. 
 
 Impairment of obligation of contracts by 
 change of interest on judgments. 17 
 L.R.A. 612. 
 
 Constitut'onality of statutes exempting 
 building and loan associations from 
 general usury laws. 26 L.R.A. (N.S.) 
 1135. 
 
 Power of legislature to restrict fees in con- 
 nection with loans. 11 L.R.A. (N.S.) 
 175. 
 
 Power to make taking of usury a criminal 
 offense. 3 L.R.A. (N.S.) 530. 
 
 109. Intoxicating liquors; saloons. 
 
 Prohibition and regulation of, generally, see 
 INTOXICATING LIQUORS, 2-8. 
 
 Constitutionality of prohibition, see IN- 
 TOXICATING LIQUORS, 3, 4. 
 
 As to exclusion from saloons, see INTOXI- 
 CATING LIQUORS, 6. 
 
 Of local option laws, see INTOXICATING LI- 
 QUORS, 8a. 
 
 Of provisions as to licenses, see INTOXICAT- 
 ING LIQUORS, 13a, 14. 
 
 As to revocation of license, see INTOXICAT- 
 ING LIQUORS, 15a. 
 
 110. Jitney buses. 
 
 Constitutionality of regulation of jitney 
 buses. L.R.A.1915F, 842; L.R.A.1918B, 
 912; L.R.A.1918F, 475. 
 
 111. Junk dealers, etc. 
 
 Municipal control over, see MUNICTPAI. 
 CORPORATIONS, 28. 
 
 Power to regulate traffic in rags, second- 
 hand articles and junk. 32 L.R.A. 116; 
 24 L.R.A. (N.S.) 1168. 
 
 Statute making receiving of certain kinda 
 of property a criminal offense. L.R.A. 
 1917F, 709. 
 
 Validity of statute making possession of 
 certain marked articles presumptive 
 evidence of unlawful traffic therein. 
 L.R.A.1915C, 734. 
 
 112. Juvenile offenders. 
 
 See supra, 57. 
 
 113. Labels. 
 
 Police regulations as to branding or label- 
 ing articles of commerce. 1 L.R.A. 
 (N.S.) 184; 17 L.R.A.(N.S.) 684. 
 
 113a. Labor organizations. 
 
 See supra, 87.
 
 INDEX TO L.K.A. NOTES. 
 
 241 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 114. Liens. 
 
 Mechanics' liens, see infra, 120. 
 
 Constitutionality of statute making license, 
 occupation, or privilege tax a lien on 
 real property owned by one other than 
 person assessed. 20 L.R.A. (N.S.) 42. 
 
 Validity of statute or ordinance making 
 property or property owner liable for 
 water or light furnished tenant. 
 L.R.AJ918D, 364. 
 
 Constitutionality of statutes giving lien on 
 automobile for injuries done by it. 
 L.R.A.1917E, 928. 
 
 115. Lights. 
 
 Validity of statute holding property of 
 owner liable for light furnished tenant. 
 6 L.R.A.(N.S.) 198; L.R.A.1918D, 364. 
 
 Privilege of using street for electric light 
 poles and wires as a contract within 
 rule against impairing obligation. 50 
 L.R.A. 147. 
 
 116. Logs. 
 
 Legislative power to fix tolls, rates, or 
 
 prices for care or salvage of logs. 33 
 
 L.R.A. 182. 
 
 117. Low lands. 
 
 Power to fill low lands at expense of owner. 
 30 L.R.A.(N.S.) 709. 
 
 118. Marriage. 
 
 Power to turi)!ti marriage. 2 L.R.A. (N.S.) 
 531; 52 L.R.A.(N.S.) 778. 
 
 119. Master and servant. 
 
 See supra, 82-87. 
 
 120. Mechanics' liens. 
 
 See MECHANICS' LIENS, 2, 3. 
 
 121. Moneylenders. 
 
 Validity of statute or ordinance requiring 
 persons engaged in the business of loan- 
 ing money on chattel security or se- 
 curity of wages to file a record of loans 
 made. 25 L.R.A. (N.S.) 686. 
 
 Validity of legislation respecting lenders of 
 money based upon classification relating 
 to the nature of the security taken. 11 
 L.R.A.(N.S.) 635. 
 
 Validity of license upon business of lending 
 money as affected by excessive amount 
 of the license fee. 25 L.R.A. (N.S.) 583. 
 
 122. Mortgages. 
 
 Statute extending mortgagor's right of pos- 
 session on foreclosure of pre-existing 
 mortgages as impairing obligation of 
 contracts. 31 L.R.A. 721. 
 
 123. Moving pictures. 
 
 Constitutionality of moving picture censor- 
 ship acts, L.R.A.1916C, 228. 
 
 Power of state to determine location of. 
 L.R.A.1916D, 99. 
 
 Consult alxo L.R.A. Digests of Cases. 16 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 124. Municipal corporations; coun- 
 ties. 
 
 Delegation of power to municipality, see 
 
 supra, 15. 
 
 Local self-government of municipalities, see 
 supra, 21. 
 
 Constitutionality of commission form of 
 government for municipalities. 41 
 L.R.A.(N.S.) Ill; 51 L.R.A.(N.S.) 
 632; L.R.AJL917A, 1260. 
 
 Vested right of municipal corporation in 
 defense of statute of limitations. 27 
 L.R.A.(N.S.) 1188. 
 
 Constitutionality of retroactive statute 
 creating right of action against. 52 
 L.R.A. 940. 
 
 Power of legislature to require municipality 
 to pension employees. 34 L.R.A. (N.S.) 
 608. 
 
 Power of legislature to impose burdens 
 upon municipalities and to control 
 their local administration and prop- 
 erty. 48 L.R.A. 465. 
 
 Power of legislature to compel payment by 
 municipal corporations of nonlegal de- 
 mands. 48 L.R.A. 473; L.R.A.1915D, 
 927. 
 
 Authority of legislature to remove munici- 
 pality from trusteeship. 13 L.R.A. 
 217;* 16 L.R.A. 695. 
 
 Constitutionality of legislation relieving 
 municipalities, counties, or towns, from 
 liability for defects in highway, street, 
 or sidewalk. 42 L.R.A. (N.S.) 493. 
 
 Power to authorize counties or other politi- 
 cal divisions to build or acquire rail- 
 road or street railway as affected by 
 limitations or restrictions on power to 
 aid private enterprises. 28 L.R.A. 
 (N.S.) 412. 
 
 125. annexation to. 
 
 Extending boundaries of municipality. 27 
 L.R.A. 741. 
 
 Annexation of territory to municipality as 
 taking property without due process of 
 law. 27 L.R.A. 741. 
 
 Discrimination between resident or prop- 
 erty owner within a territory annexed 
 as to right to defend against annexation 
 to municipality. 17 L.R.A.(N.S.) 421. 
 
 126. Natural resources. 
 
 Conservation of, see supra, 60. 
 
 127. Nonresidents. 
 
 Aliens, see supra, 40. 
 
 Discrimination in favor of residents in 
 transfer of property out of state by 
 bankruptcy or insolvency proceedings. 
 23 L.R.A. 37. 
 
 Discrimination against, in imposing license 
 or occupation tax. 16 L.R.A. 49; 40 
 L.R.A.(N.S.) 279. 
 
 Discrimination between resident and non- 
 resident creditors of insolvent. 65 
 L.R.A. 354, 368.
 
 242 
 
 INDEX TO L.R.A. NOTES. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 Constitutionality of discrimination in statu- 
 
 tory regulations as to nonresident 
 dealers in food products. 34 L.R.A. 
 (N.S.) 653. 
 
 128. Nuisances. 
 
 Municipal control of nuisances, see MUNICI- 
 PAL CORPORATIONS, 34-41. 
 
 Municipal authority as defense to liability 
 for nuisance, see NUISANCES, 27. 
 
 Legislative authority as defense to liability 
 for nuisance, see NUISANCES, 28, 29. 
 
 Constitutionality of statutes expressly 
 granting power to create nuisance. 1 
 L.R.A.(N.S.) 115. 
 
 Power of health authorities to require alter- 
 ation on private property in particular 
 manner to abate nuisance endangering 
 public health. 24 L.R.A. (N.S.) 241. 
 
 129. Officers. 
 
 As to bonds of, see supra, 51a. 
 Civil service laws, see supra, 59. 
 
 Equal privileges and immunities as to right 
 to hold office. 14 L.R.A. 580. 
 
 Policeman or fireman as an officer with- 
 in constitutional provisions. 36 L.R.A. 
 (N.S.) 883. 
 
 Constitutionality of statute regulating ap- 
 pointment to public office with refer- 
 
 ence to party 
 (N.S.) 720. 
 
 affiliation. 27 L.R.A. 
 
 Constitutionality of provision for testing 
 election of city officer before city coun- 
 cil or other municipal body. 26 L.R.A. 
 (N.S.) 210. 
 
 Constitutionality of statute making resi- 
 dence within the district a qualifica- 
 tion of a public officer. 32 L.R.A. 
 (N.S.) 835. 
 
 Power of legislature to add to or vary the 
 constitutional method of selecting 
 judges. L.R.A.1916E, 834. 
 
 Applicability to nonconstitutional officer of 
 constitutional provision against in- 
 crease of salary of officer during term. 
 26 L.R.A. (N.S.) 289. 
 
 Provision for compensation of additional 
 deputy or assistant as violation of con- 
 stitutional inhibition of increase of of- 
 ficer's salary during term. L.R.A. 
 1918C, 561. 
 
 Power of legislature to extend term of office 
 beyond that fixed by the constitution. 3 
 L.R.A.(N.S.) 886; L.R.A.1915C, 378; 
 
 Constitutionality of statute releasing pub- 
 lic officer or his sureties from liability 
 for loss of public fund. 41 L.R.A. 
 (N.S.) 97. 
 
 Constitutionality of commission form of 
 government. 41 L.R.A. (N.S.) Ill; 51 
 L.R.A.(N.S.) 632; L.R.A.1917A, 1260. 
 
 Constitutionality of recall of officers. 50 
 L.R.A.(N.S.) 227; L.R.A.1916D, 1103. 
 
 Constitutionality of statute providing for 
 removal of officer for drunkenness. 50 
 L.R.A. (N.S.) 913. 
 
 Begin icith this boote on every law question. 
 
 130. Orchards, trees, or crops. 
 
 Constitutionality of statutory regulations 
 as to infected orchards, trees, or crops. 
 43 L.R.A.(N.S.) 1081; L.R.A.1915F, 
 894. 
 
 131. Parks and squares. 
 
 Power of legislature to control use to which 
 property taken for purposes of a park 
 or square may be used. 27 L.R.A. 
 (N.S.) 938. 
 
 132. Party wall. 
 
 Constitutionality of party wall statutes. 
 67 L.R.A. 710. 
 
 133. Patents. 
 
 Police regulation of business in which pat- 
 ents are used. 29 L.R.A. 791. 
 
 134. Pawnbrokers. 
 
 Constitutionality of statute limiting hours 
 of pawnbrokers' business. 44 L.R.A. 
 (N.S.) 1039. 
 
 135. Peddlers; hawkers. 
 
 As affected by commerce clause, see COM- 
 MERCE, 18. 
 
 Right to discriminate between harmless 
 articles in legislation regulating ped- 
 dlers. 21 L.R.A. (N.S.) 349; 35 L.R.A. 
 (N.S.) 1079; L.R.A.1918B, 853. 
 
 Validity of ordinance regulating conduct of 
 licensed street hucksters or peddlers. 
 8 L.R.A. (N.S.) 304. 
 
 Validity of license or occupation tax on 
 hawkers and peddlers and persons en- 
 gaged in soliciting orders by sample or 
 otherwise. 19 L.R.A. (N.S.) 301- 28 
 L.R.A. (N.S.) 265; 35 L.R.A.(N.S.) 
 1074. 
 
 136. Penalties. 
 
 Excessive penalty as denial of due process 
 of law. 46 L.R.A. (N.S.) 1039. 
 
 Exaction of penalties for acts done under 
 supposed sanction of law as violation 
 of due process of law. L.R.A.1916A, 
 1211. 
 
 137. Plumbers. 
 
 Constitutionality of statute requiring 
 plumbers to be licensed. 5 L.R.A. (N.S.) 
 674; 8 L.R.A. (N.S.) 1116; 27 L.R.A. 
 (N.S.) 283; 50L.R.A.(N.S.) 421. 
 
 138. Poisons. 
 
 Constitutionality of statute prohibiting or 
 regulating sale of poisons. 30 L.R.A. 
 (N.S.) 519. 
 
 139. Prizes. 
 
 Constitutionality of statute requiring prizes 
 or other inducements to attract trade to 
 be paid in cash. 41 L.R.A.(N.S.) 1041. 
 
 140. Public contracts. 
 
 Constitutionality of statutes requiring work 
 incident to public contract to be done in 
 the state or a local division thereof. 
 41L.R.A.(N.S.) 711.
 
 INDEX TO L.K.A. NOTES. 
 
 243 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 Prohibiting or restricting employment of 
 aliens on. L.R.A.1916D, 569. 
 
 141. Public improvements. 
 
 Assessments for, see supra, 43. 
 
 14 la. Race segregation. 
 
 Validity of segregation statute or ordinance 
 prohibiting persons of different race 
 or color from living in same locality. 
 L.R.A.1918C, 220. 
 
 142. Railroads. 
 
 As carriers, see supra, 56. 
 Street railways, see infra, 150. 
 
 Power to prevent consolidation of parallel 
 or competing railroads. 45 L.R.A. 272. 
 
 Privilege of using streets for railroad tracks 
 as a contract within rule against im- 
 pairing obligation of contracts. 50 
 L.R.A. 143; L.R.A.1918E, 904. 
 
 Power to require railroad to construct side- 
 walk across its tracks or right of way. 
 L.R.A.1918D, 1157. 
 
 Constitutionality of statutes requiring rail- 
 road company to fence tracks and 
 build cattle guards. 31 L.R.A. (N.S.) 
 861. 
 
 Constitutionality of statutes making rail- 
 road companies absolutely liable 
 for damage by fires set out by 
 them or for stock killed by 
 them, irrespective of negligence. 
 25 L.R.A. 181; 35 L.R.A. 1016. 
 
 Power to require railroad to establish or 
 maintain at its own expense an over- 
 head or underground crossing where 
 street was open subsequently to con- 
 struction of railroad. 28 L.R.A. (N.S.) 
 298. 
 
 Power to authorize counties or other politi- 
 cal divisions to build or acquire rail- 
 road as affected by limitations or re- 
 strictions on power to aid private enter- 
 prises. 28 L.R.A. (N.S.) 412. 
 
 Constitutionality of statute conferring 
 power of eminent domain on private 
 person or corporation other than rail- 
 road company for spur or lateral track. 
 35 L.R.A. (N.S.) 646. 
 
 Constitutionality of statute imposing pen- 
 alty or added liability for failure to 
 pay claim. 42 L.R.A.(N.S.) 102; 
 L.R.A.1917B, 929. 
 
 148. Rates of public service corpo- 
 rations. 
 
 Regulation of carrier's rates by government, 
 see CARRIERS, V. c. 
 
 Regulation of rates of public service cor- 
 porations generally, see PUBLIC SERV- 
 ICE CORPORATIONS, 2. 
 
 Regulation of water rates, see WATERS, 
 121. 
 
 Legislative power to fix tolls, rates, or 
 
 prices. 33 L.R.A. 177. 
 
 Power of legislature to regulate life insur- 
 ance rates. 37 L.R.A. (N.S.) 778. 
 Consult abso L.R.A. Digests of Cases. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 
 Kinds of business affected with a public in- 
 terest subjecting them to regulation and 
 control in respect to rates or prices. 
 6 L.R.A. (N.S.) 834. 
 
 Power of legislature to delegate to commis- 
 sion the right to fix rates to be charged 
 by a public-service corporation. 18 
 L.R.A. (N.S.) 713. 
 
 Power of judiciary to fix rates to be charged 
 by public-service corporations. 8 L.R.A. 
 (N.S.) 529. 
 
 State regulation of rates of irrigation com- 
 pany. 12 L.R.A.(N.S.) 711; L.R.A. 
 1915D, 1205. 
 
 Power of equity to regulate charges of pub- 
 lic warehouseman. 24 L.R.A.(N.S.) 
 399. 
 
 144. Receptacles. 
 
 Legislation to protect manufacturers or 
 dealers against loss of receptacles in 
 which their products are put up. 14 
 L.R.A. (N.S.) 1128. 
 
 145. Records and recording laws. 
 
 Constitutionality of the Torrens Law. L.R.A. 
 
 1916D, 15. 
 Constitutionality of mortgage registration 
 
 tax. L.R.A.1916A, 865. 
 
 146. Religious societies. 
 
 Validity of exemption from liability to suc- 
 cession tax. 50 L.R.A. (N.S.) 992. 
 
 147. Saloons. 
 
 See supra, 109. 
 
 148. Schools. 
 
 As to use of school funds, see SCHOOLS, 38. 
 
 Equal school privileges. 14 L.R.A. 581. 
 
 Power to regulate or prohibit private 
 schools. 29 L.R.A.(N.S.) 53. 
 
 Validity of statute giving nonresident of 
 school district right to attend school 
 without charge. 24 L.R.A.(N.S.) 1304. 
 
 Constitutionality of statute providing for 
 transportation of pupils at public ex- 
 pense. 50 L.R.A. (N.S.) 428. 
 
 Constitutionality of Teachers' Pension Law. 
 L.R.A,1918A, 526. 
 
 149. Sexual relations. 
 
 Equal privileges and immunities as to sex- 
 ual relations. 14 L.R.A. 580. 
 
 150. Street railroads. 
 
 Impairment of obligation of contract as to 
 extent of street railway company's lia- 
 bility for paving assessment. 46 L.R.A. 
 203. 
 
 Privilege of using streets for street railway 
 track as a contract within rule against 
 impairing obligation of contracts. 50 
 L.R.A. 143; L.R.A.1918E, 902. 
 
 Power to authorize counties or other po- 
 litical divisions to build or acquire 
 street railway as affected by limitations 
 or restrictions on power to aid private 
 enterprises. 28 L.R.A.(N.S.) 412.
 
 244 
 
 INDEX TO L.R.A. NOTES. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 
 151. Sulmnys. 
 
 Privilege of using streets as subway as a 
 contract within rule against impairing 
 obligation of. 50 L.R.A. 147. 
 
 152. Sunday laws. 
 
 Constitutionality of Sunday laws. 22 L.R.A. 
 721. 
 
 Validity of classification in Sunday law. 
 14 L.R.A.(N.S.) 1259; 32 L.R.A.(N.S.) 
 1190. 
 
 Special penalty for violation of Sunday clos- 
 ing act. 15 L.R.A. (N.S.) 646. 
 
 153. Support of family. 
 
 Constitutionality of statute requiring hus- 
 band on conviction of abandonment to 
 provide for support of wife or family. 
 23 L.R.A.(N.S.) 854. 
 
 154. Taxes. 
 
 Assessments for public improvements, see 
 
 supra, 43. 
 
 As to license tax, see LICENSE, II. 
 Situs of property for purpose of taxation, 
 
 see TAXES, III. 
 Taxation of corporations, see TAXES, 11, 
 
 33-39, 45, 46, 67. 
 Purposes for which taxes may be levied, see 
 
 TAXES, 13. 
 
 Special assessment as tax. 3 L.R.A. (N.S.) 
 837. 
 
 Equal privileges and immunities as to tax- 
 ation. 14 L.R.A. 583. 
 
 What notice is necessary to due process of 
 law in tax proceedings. L.R.A.1916E, 5. 
 
 Fees as taxes within constitutional provision 
 relating to taxation. 1 L.R.A. (N.S.) 
 153. 
 
 To what boards or bodies may the power of 
 taxation be delegated. 15 L.R.A.(N.S.) 
 61; 32 L.R.A. (N.S.) 1078. 
 
 Increase in proportion of tax imposed on 
 property as impairment of vested 
 rights. 8 L.R.A.(N.S.) 546. 
 
 Validity of statute subjecting to the doom 
 of the assessor a tax payer who fails to 
 furnish a list of his property. 24 
 L.R.A.(N.S.) 388. 
 
 Constitutionality of specific tax upon 
 judgments. 32 L.R.A. (N.S.) 179. 
 
 Constitutionality of provision for deducting 
 debts from credits or other property. 
 23 L.R.A. 278. 
 
 Constitutionality of statute allowing deduc- 
 tion of only assessed value of real estate 
 in assessing capital stock of corpora- 
 tion. 30 L.R.A. (N.S.) 704. 
 
 Power of the legislature to permit appeal to 
 court for purpose of reviewing the 
 amount of a tax assessment. 13 L K A 
 (N.S.) 716; L.RJU915B, 875. 
 
 Constitutionality of statute giving priority 
 to claims for taxes against assets of 
 debtor. 29 L.R.A. 278. 
 
 Change of law as to effect of tax certificates 
 as evidence of title. 4 L.R.A. (N.S.) 
 1074. 
 
 Constitutionality of mortgage registration 
 tax. L.R.A.1916A, 865. 
 
 Begin with this book on every law question. 
 
 STITCTIOXAL LAW, ix. k, i cont'd 
 
 Constitutionality of classification of miner- 
 als for purposes of taxation. L.K.A. 
 1916F, 164. 
 
 155. succession tax. 
 
 Constitutionality of succession taxes. 33- 
 L.R.A.(N.S.) 592; 50 L.R.A. (N.S.) 
 991. 
 
 Power to impose retrospectively. 8 L.R.A. 
 (N.S.) 1180; 33 L.R.A.(N.S.) 602. 
 
 Classification of inheritance or gift, for 
 purposes of succession tax, on basis of 
 amount. 6 L.R.A. (N.S.) 732. 
 
 Inheritance or succession tax on property 
 covered by antecedent power of ap- 
 pointment. 33 L.R.A. (N.S.) 236. 
 
 Conflict of state and Federal powers in re- 
 spect to succession taxes. 33 L.R.A. 
 (N.S.) 600. 
 
 Constitutionality of tax or fees as condi- 
 tion of probate. 50 L.R.A. (N.S.) 997. 
 
 156. income tax. 
 
 Constitutionality of income tax. 27 L.R.A. 
 (N.S.) 864; L.R.A.1915B, 569. 
 
 157. poll tax. 
 
 Constitutionality of poll tax as affected by 
 
 exemptions therefrom. 13 L.R.A.(N.S.) 
 
 901. 
 Power of legislature to compel employer to 
 
 pay employee's poll tax. 9 L.R.A. 
 
 (N.S.) 306. 
 
 158. Telegraphs and telephones. 
 
 Privileges of using streets for telegraph 
 and telephone line as a contract. 50 
 L.R.A. 146; L.R.A.1918E, 906. 
 
 Legislative power to fix rates, tolls, or 
 prices. 33 L.R.A. 181. 
 
 Constitutionality of statutes permitting re- 
 covery for mental anguish in telegraph 
 cases. 49 L.R.A.(N.S.) 337. 
 
 159. Tickets. 
 
 Constitutionality of anti-scalping legisla- 
 tion. 3 L.R.A.(N.S.) 558; 4 L.R.A. 
 (N.S.) 480. 
 
 Validity of legislation forbidding specula- 
 tion in theater tickets. 5 L.R.A. (N.S.) 
 183; L.R.A.1918D, 388. 
 
 Power to restrict business in case of ticket 
 brokers. 
 
 160. Tobacco. 
 
 Constitutionality of prohibition or regula- 
 tion of manufacture, sale, or importa- 
 tion of tobacco. L.R.A.1918B, 988. 
 
 Power to prohibit. or restrict use of tobac- 
 co. 51 L.R.A. (N.S.) 562. 
 
 161. Torrens Law. 
 
 See supra, 145. 
 
 162. Trademarks. 
 
 Validity of penal statute to protect trade- 
 marks. 25 L.R.A. (N.S.) 473.
 
 INDEX TO L.E.A. NOTES. 
 
 245 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 163. Trading stamps. 
 
 Forbidding or regulating use of trading 
 stamps. 2 L.R.A.(N.S.) 588; 7 L.R.A. 
 (N.S.) 1131; 30 L.R.A.(N.S.) 957; 49 
 L.R.A.(N.S.) 1123; L.R.A.1917A, 433; 
 L.R.A.1918B, 383. 
 
 164. Traveling. 
 
 Equal privileges and immunities as to. 14 
 L.R.A. 580. 
 
 165. Trees. 
 See supra, 130. 
 
 166. Trusts. 
 
 Constitutionality of statute subjecting 
 spendthrift trusts to debts. 40 L.R.A. 
 (N.S.) 1215. 
 
 167. Undertakers. 
 
 Constitutionality of restriction on business 
 of undertaking. 23 L.R.A.(N.S.) 147. 
 
 168. Union labels. 
 
 See supra, 87. 
 
 169. Usury. 
 
 See supra, 108. 
 
 170. Vermin. 
 
 Constitutionality of statutes or ordinances 
 for extermination of vermin. L.R.A. 
 1916A, 1239. 
 
 171. Vital statistics. 
 
 Constitutionality of statutes in relation to 
 vital statistics. 39 L.R.A. (N.S.) 1015. 
 
 17 la. War. 
 
 Internment of naturalized citizens. 7 B. 
 R. C. 772. 
 
 Regulation of price of food as valid exer- 
 cise of the war power. 7 B. R. C. 663. 
 
 172. Warehousemen. 
 
 Legislative power to fix tolls, rates, or 
 prices. 33 L.R.A. 178. 
 
 Power of equity to regulate charges of pub- 
 lic warehouseman. 24 L.R.A. (N.S.) 
 399. 
 
 173. Water rights generally. 
 
 Laws as to fishing, see supra, 92. 
 
 Legislative authority to dam back water of 
 stream. 59 L.R.A. 823. 
 
 Power over right of way on shore. 4 L.R.A. 
 (N.S.) 881. 
 
 Effect of constitutional provision asserting 
 title to navigable water upon vested ri- 
 parian rights. 6 L.R.A. (N.S.) 257. 
 
 174. Water supply. 
 
 Privilege of using streets for "waterpipes 
 and mains as a contract. 50 L.R.A. 
 145; L.R.A.1918E, 905. 
 
 Validity of statute or ordinance holding 
 property owner liable for water fur- 
 nished tenant. 6 L.R.A. (N.S.) 198; 
 L.R.A.1918D, 364. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONSTITUTIONAL LAW, IX. k, 1 cont'd 
 Power to forbid pollution of stream trom 
 which municipal water supply is taken. 
 7 L.R.A.(N.S.) 321; 11 L.R.A. (N.S.) 
 1164; L.R.A.1918E, 954. 
 Power of state or health authorities to for- 
 bid the use of a polluted water supply. 
 23 L.R.A. (N.S.) 766. 
 
 175. Weeds. 
 
 Validity of statutes in relation to noxious 
 weeds. 43 L.R.A. (N.S.) 1090. 
 
 176. Weights and measures. 
 
 Validity of regulations as to weight of 
 loaf of bread. 44 L.R.A. (N.S.) 632. 
 
 Validity of statute or ordinance for the 
 settlement of weights as between buyer 
 and seller by public weigher. 51 L.R.A. 
 (N.S.) 731. 
 
 Power to prescribe the manner or method 
 of determining quantity or amount of 
 commodity. L.R.A.1916E, 379. 
 
 Power to require weight of package to be 
 indicated upon it. 17 L.R.A. (N.S.) 
 684. 
 
 177. Women. 
 
 As employees, see MASTER AND SERVANT, 
 
 12. .;.*;. 
 
 Discrimination against women in police 
 regulations. 49 L.R.A. 111. 
 
 Power to exclude, from saloons. 18 L.R.A. 
 (N.S.) 657. 
 
 Who may raise objection that statute con- 
 tains unconstitutional discrimination 
 against women. 32 L.R.A. (N.S.) 960. 
 
 2. Remedies and procedure. 
 
 178. Generally. 
 
 Equal protection as to courts and proceed- 
 ings. 14 L.R.A. 585. 
 
 Equal privileges and immunities as to liti- 
 gation. 14 L.R.A. 583. 
 
 Prisoner's constitutional right to appear un- 
 manacled at the trial. 39 L.R.A. 825. 
 
 Change of remedy for enforcing stockhold- 
 er's liability. 1 L.R.A.(N.S.) 1171; 3 
 L.R.A!(N.S.) 954; 33 L.R.A.(N.S.) 
 909; L.R.A.1915B, 802. 
 
 Constitutionality of statute for enforce- 
 ment of d'ecree for alimony or for 
 punishment for disobedience thereof. 
 L.R.A.1918F, 424. 
 
 Constitutionality of statute forbidding con- 
 tracts ousting jurisdiction of court. 48 
 L.R.A.(N.S.) 855. 
 
 Constitutionality of statutes permitting 
 recovery for mental anguish in tele- 
 graph cases. 49 L.R.A. (N.S.) 337. 
 
 Constitutionality of statutes restricting 
 remedy by injunction in labor disputes. 
 L.R.A.1916F, 836. 
 
 Constitutionality of discriminations as to 
 jurisdictional requisite of residence in 
 divorce suit. L.R.A.1916A, 710. 
 
 Abrogation of defenses and rights of action 
 by Workmen's Compensation scheme. 
 L.R.A.1917D, 57.
 
 INDEX TO L.R.A. NOTES. 
 
 CONSTITUTIONAL LAW, IX. k, 2-cont'd CONSTITUTIONAL LAW IX. k 2-cont'd 
 
 179. Appeal. Making weight as found by public weigher 
 
 (' on-i.lc ration by Federal Supreme Court of 
 questions relating to, in reviewing judg- 
 ment of state court. 63 L.R.A. 581. 
 
 Revival of appeal or writ of error after stat- 
 ute of limitations has run. 45 L.R.A. 
 
 til 4. 
 
 Constitutional power of appellate court up- 
 on reversing judgment for plaintiff on 
 verdict, to direct a judgment for de- 
 fendant without remanding case for a 
 new trial. 2 L.R.A.(N.S.) 362. 
 
 Constitutionality of statute denying right 
 of appeal from decision of courts 
 in certain classes of cases. 19 
 L.R.A.(N.S.) 377; 44 L.R.A.(N.S.) 
 1209. 
 
 Power of legislature to permit appeal to 
 court for purpose of reviewing amount 
 of tax assessment. 13 L.R.A.(N.S.) 
 716; L.R.A.1915B, 875. 
 
 Constitutionality of statute giving state 
 right to appeal in criminal case. 
 L.R.A.1915F, 1093. 
 
 180. Attorneys' fees. 
 
 Unjust discrimination as to attorneys' fees. 
 ]4 L.R.A. 586. 
 
 Validity of statutory provision for attor- 
 neys' fees. 17 L.R.A.(N.S.) 910; L.R.A. 
 1915E, 943. 
 
 Validity of statutory provision for attor- 
 neys' fees in proceedings involving col- 
 lections of taxes or special assessments. 
 28 L.R.A.(N.S.) 1062. 
 
 181. Costs. 
 
 Attorneys' fees as element of, see supra, 
 149. 
 
 Constitutionality of statute authorizing im- 
 position of costs of prosecution on 
 prosecuting witness. 61 L.R.A. 489. 
 
 Constitutionality of statute requiring pay- 
 ment of court fees. L.R.A.1918B, 150. 
 
 conclusive as between buyer and seller. 
 51 L.R.A. (N.S.) 731. 
 Establishment of presumptions by Work- 
 men's Compensation Act. L.R.A.1917D, 
 60. 
 
 182. Damages. 
 
 Constitutionality of 
 
 statute empowering 
 
 public service commission or other gen- 
 eral board to determine amount of com- 
 pensation in eminent domain proceed- 
 ings. 52 L.R.A.(N.S.) 850.. 
 Permitting recovery for mental anguish in 
 
 telegraph cases. 
 183. Evidence. 
 
 49 L.R.A.(N.S.) 337. 
 
 Power of legislature to enact prima facie 
 rules of evidence for criminal cases. 2 
 L,R.A.(N.S.) 1007; L.R.A.1915C, 717. 
 
 Power of legislature to make injury prima 
 
 facie evidence of negligence. 
 (N.S.) 226. 
 
 32 L.R.A. 
 
 Constitutionality of statute making bill of 
 lading conclusive proof of the receipt 
 of property. 22 L.R.A. (N.S.) 821. 
 
 Constitutionality of statute which makes 
 shipper's statement as to weight con- 
 clusive. L.R.A.1917E, 1022. 
 
 Power to declare liquor intoxicating irre- 
 spective of the fact in that respect. 6 
 L.R.A.(N.S.) 186. 
 
 As to statute making possession of liquor 
 prima facie evidence of illegal intent to 
 violate. 1 L.R.A. (N.S.) 626. 
 
 184. Judgments. 
 
 Necessity of notice and hearing, see infra, 
 187. 
 
 Denial of due process making judgment 
 void. 39 L.R.A. 449. 
 
 Is judgment a contract within provision 
 against impairing obligation of con- 
 tracts. 17 L.R.A. 611. 
 
 Application to existing judgments of stat- 
 ute abolishing or diminishing exemp- 
 tions. 25 L.R.A. (N.S.) 189. 
 
 Constitutionality of specific tax upon. 32 
 L.R.A.(N.S.) 179. 
 
 185, Jury; grand jury; verdict. 
 
 Equal privileges and immunities as to right 
 to be jurors. 14 L.R.A. 581. 
 
 Constitutionality of statute requiring ju- 
 rors to be taxpayers. 32 L.R.A. (N.S.) 
 414. 
 
 Constitutionality of statute entitling women 
 to serve as jurors. L.R.A.1918E, 773. 
 
 Effect of provision that jury shall deter- 
 mine the law and the facts in libel 
 cases. 33 L.R.A.(N.S.) 207; 51 L.R.A. 
 (N.S.) 369. 
 
 Power of legislature as to number and 
 agreement of jurors necessary to ver- 
 dict. 43 L.R.A. 56. 
 
 Constitutionality of verdict by less than all 
 the jurors. 24 L.R.A. 272: L.R.A. 
 1917A, 91. 
 
 Power of legislature to change number of 
 grand jurors required at v common law. 
 27 L.R.A. 846. 
 
 186. Limitation of actions. 
 
 Impairment of obligation of contracts as to, 
 
 see supra, 36. 
 Vested right in defense of limitations, see 
 
 LIMITATION OF ACTIONS, 3. 
 In general, see LIMITATION OF ACTIONS, 4. 
 
 187. Notice and hearing. 
 
 Validity of judgment against parties desig- 
 
 nated in action as unknown. 
 1918F, 609. 
 
 L.R.A. 
 
 Necessity of hearing before granting pre- 
 
 liminary mandatory 
 L.R.A.(N.S.) 1225. 
 
 injunction. 9 
 
 Right to revoke a license from the public 
 without. 13 L.R.A.(N.S.) 894. 
 
 Right to, of one charged with contempt. 
 10 L.R.A.(N.S.) 1098. 
 
 Necessity of providing in statute for notice 
 of hearing on question of damages or 
 compensation in eminent domain pro- 
 ceedings. 4 L.R.A.(N.S.) 169. 
 
 Necessity of notice and hearing before mak- 
 ing an assessment for public improve- 
 ment by the front-foot rule. 28 L.R.A. 
 (N.S.) 1201; L.R.A.1917D, 374. 
 
 Constitutionality of statutes providing for 
 
 Jit nin tcith this book on every law question. 
 
 administration of estate of absentee. 
 L.R.A.(N.S.) 944.
 
 INDEX TO L.R.A. NOTES. 
 
 247 
 
 CONSTITUTIONAL LAW, IX. k, 2 cont'd 
 
 When may notice of application for appoint- 
 ment of receiver of growing crop be 
 dispensed with. 11 L.R.A.(N.S.) 960. 
 
 Necessity of notice to alleged lunatic of 
 lunacy proceedings. 23 L.R.A. 737; 26 
 L.R.A. (N.S.) 232. 
 
 Under the Torrens Law. L.R.A.1916D, 15. 
 
 Notice of proceedings after jurisdiction 
 has attached as a condition of due proc- 
 ess of law. 52 L.R.A.(N.S.) 1161. 
 
 Revocation for condition broken of condi- 
 tion pardon or parol without notice or 
 hearing. L.R.A.1915F, 541. 
 
 What notice is necessary to due process of 
 law in tax proceedings. L.R.A.1916E, 5. 
 
 188. Notice of injury. 
 
 Validity of requirement of written notice 
 of defect to render municipality liable 
 for injuries caused by defective high- 
 way. 11 L.R.A. (N.S.) 391. 
 
 Constitutionality of requirement of notice 
 of defect or of injuries as a condition 
 of liability for personal injuries. 15 
 L.R.A. (N.S.) 203. 
 
 189. Reference. 
 
 Constitutionality of compulsory reference in 
 actions at law. ]3 L.R.A.(N.S.) 146. 
 
 190. Service of process. 
 
 What service of process is sufficient to con- 
 stitute due process of law. 50 L.R.A. 
 577. 
 
 Validity of personal judgment rendered up- 
 on constructive service of process. 16 
 L.R.A. 231. 
 
 Constructive or substituted service on resi- 
 dent in action in personam as due proc- 
 ess of law. 35 L.R.A. (N.S.) 292; 
 L.R.A.1917C, 1143. 
 
 Service of process upon foreign corporation 
 not doing business within state, as 
 basis of judgment in personam. 8 
 L.R.A. (N.S.) 538. 
 
 Validity and effect, as against defendant 
 not personally served within the state, 
 of a judgment in personam against 
 joint debtors. 35 L.R.A. (N.S.) 312. 
 
 191. Venue. 
 
 Constitutionality of statutes as to venue in 
 action in state court against foreign 
 corporation. 70 L.R.A. 703. 
 Power of legislature to provide for indict- 
 ment in county or district other than 
 that in which crime is alleged to have 
 been committed. 7 L.R.A. (N.S.) 669; 
 L.R.A.191SF, 965. 
 
 Constitutionality of statute permitting 
 change of venue to one party and not 
 to the other. L.R.A.1915F, 920. 
 
 Allowing a change of venue on application 
 of the state, or by the court of its own 
 motion. L.R.A.1915F, 922. 
 
 192. Witnesses. 
 
 Equal privileges and immunities as to right 
 to be witnesses. 14 L.R.A. 581. 
 
 Equal protection as to witnesses. 14 L.R.A. 
 584. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONSTITUTIONAL LAW, IX. k, 2 cont'd 
 
 Right of state to require service of witness 
 without compensation. 39 L.R.A. 115. 
 
 Constitutionality of statute permitting 
 court to appoint expert witnesses. 33 
 L.R.A. (N.S.) 917. 
 
 Power to regulate or restrict constitutional 
 right of defendant in criminal cases to 
 compulsory process to procure attend- 
 ance of witnesses in his behalf. 8 
 L.R.A.(N.S.) 509. 
 
 3. Criminal matters; imprisonment. 
 
 193. Generally. 
 
 Ex post facto laws, see supra, 7. 
 
 Matters as to evidence, see supra, 151. 
 
 Constitutional guaranty against self-crimi- 
 nation, see CRIMINAL LAW, 49-53. 
 
 Municipal power as to crimes under state 
 law, see CRIMINAL LAW, 70. 
 
 Continuance of constitutional guaranties 
 during war or insurrection. 45 L.R.A. 
 ^ (N.S.) 996. 
 
 Validity of penal statute to protect trade- 
 marks. 25 L.R.A. (N.S.) 473. 
 
 Constitutional right of prisoner to appear 
 unmanacled at the trial. 39 L.R.A. 825. 
 
 Constitutionality of statute requiring a hus- 
 band upon conviction of abandonment 
 to provide for support of wife or fam- 
 ily. 23 L.R.A.(N.S.) 854. 
 
 Right to take or retain in rogue's gallery 
 picture of one accused of crime before 
 conviction. 7 L.R.A. (N.S.) 274; 23 
 L.R.A. (N.S.) 739. 
 
 Vested right in defense of statute of limita- 
 tions. 45 L.R.A. 614. 
 
 Criminal responsibility for violation of a 
 statute after a judicial ruling that it 
 was unconstitutional, and before that 
 ruling had been changed. 33 L.R.A. 
 (N.S.) 788. 
 
 Constitutionality of statutes permitting 
 substitution of copy of lost indictment. 
 41 L.R.A. (N.S.) 1083. 
 
 Power of legislature to provide for indict- 
 ment in county or district other than 
 that in which crime is alleged to have 
 been committed. 7 L.R.A. (N.S.) 669; 
 L.R.A.1918F, 965. 
 
 Power to regulate or restrict right of de- 
 fendant in criminal cases to compul- 
 sory process to procure attendance of 
 witnesses. 8 L.R.A.(N.S.) 509. 
 
 Constitutionality of statutes making receiv- 
 ing of deposits after bank is insolvent 
 a crime. 22 L.R.A. (N.S.) 266. 
 
 Constitutionality of statute making the re- 
 ceiving of certain kinds of property a 
 criminal offense. L.R.A.1917F, 709. 
 
 Making failure of one receiving stolen prop- 
 erty to inquire as to possessor's right 
 equivalent to guilty knowledge. 46 
 L.R.A.(N.S.) 31. 
 
 Constitutionality of statute making viola- 
 tion of transfer rules established by 
 carrier criminal. 30 L.R.A. (N.S.) 499. 
 
 Power to make taking of usury a criminal 
 offense. 3 L.R.A. (N.S.) 530.
 
 248 
 
 INDEX TO L.R.A. NOTES. 
 
 CONSTITUTIONAL LAW, IX. k, 3 cont'd 
 
 Constitutionality of statutes imposing crim- 
 inal liability on master for misconduct 
 of servant. 43 L.R.A. (N.S.) 36. 
 
 Statutes infringing freedom to deal with 
 one's property enacted in order to pre- 
 vent larceny. L.R.A.1915B, 213. 
 
 Constitutionality of statutes establishing 
 juvenile courts. 45 L.R.A.(N.S.) 908. 
 
 Constitutionality of laws allowing a change 
 of venue on application of the state, 
 or by the court of its own motion. 
 L.R.A.1915F, 922. 
 
 Right to take or retain in rogues' gallery 
 picture of one accused of crime. L.R.A. 
 1916A, 743. 
 
 Statute or ordinance making it an offense to 
 associate with disreputable persons. 
 L.R.A.1917F, 904. 
 
 194. Punishment; Imprisonment. 
 
 Imprisonment for debt, see IMPRISONMENT 
 FOB DEBT. 
 
 Legislative control of extent of punishment. 
 35 L.R.A. 562; L.R.A.1915C, 559. 
 
 Delegation of power to determine place of 
 confinement of prisoners committed for 
 crime. 42 L.R.A.(N.S.) 978. 
 
 Equal protection as to punishment. 14 
 L.R.A. 584. 
 
 Asexualization or sterilization of criminals. 
 41 L.R.A.(N.S.) 419; L.R.A.1918D, 
 236. 
 
 Constitutionality of statute punishing es- 
 cape by reimprisonment for term de- 
 pendent upon length of original term. 
 22 L.R.A.(N.S.) 1123. 
 
 Confinement of one acquitted of crime by 
 reason of insanity. 1 L.R.A. (N.S.) 
 540; 25 L.R.A. (N.S.) 946. 
 
 Statute authorizing commitment of minors 
 to reformatories without conviction of 
 crime. 16 L.R.A. 691. 
 
 Enhancing penalty for crimes committed 
 by habitual criminals or prior offenders. 
 34 L.R.A. 398; 24 L.R.A. (N.S.) 432; 
 48 L.R.A.(N.S.) 204. 
 
 Constitutionality of statutes reducing term 
 of imprisonment for good behavior. 34 
 L.R.A. 509; 1 L.R.A. (N.S.) 520. 
 
 Constitutionality of statutes establishing 
 parol system. L.R.A.1915F, 531. 
 
 Power to pardon. 34 L.R.A. 251. 
 
 Revocation for condition broken of condi- 
 tional pardon or parol without notice 
 or hearing. L.R.A.1915F, 541. 
 
 Constitutionality of restrictions upon gov- 
 ernor's pardoning power. L.R.A.1915F, 
 619. 
 
 CONSTRUCTION cont'd 
 
 Of contracts by corporation, see CORPORA- 
 TIONS, V. b. 
 
 Of subscription to corporate stock, see COR- 
 PORATIONS, VIII. b. 
 
 Of covenants generally, see COVENANTS, II. 
 
 Of covenants in lease, see LANDLORD AND 
 TENANT, III. b. 
 
 Of deeds, see DEEDS, III. 
 
 Of insurance policy, see INSURANCE, 59- 
 62. 
 
 Of lease, see LANDLORD AND TENANT, 14. 
 
 Of mortgage on land, see MORTGAGE. 
 
 Of charter party, see SHIPPING, 17, 18. 
 
 Of will, see WILLS, V. 
 
 Suit to construe will, see WILLS, 130, 
 131. 
 
 Of conditions, see CONDITIONS. 
 
 Of corporate charter, see CORPORATIONS, 
 18, 19. 
 
 Of corporate by-laws, see CORPORATIONS, 
 20-22. 
 
 Of provisions as to courts and their juris- 
 diction, see COURTS. 
 
 Of provisions in regard to eminent domain, 
 see EMINENT DOMAIN. 
 
 Of provisions as to exemption generally, see 
 EXEMPTIONS. 
 
 Of provisions as to exemption of homestead, 
 see HOMESTEAD. 
 
 Of provisions as to infants, see INFANTS. 
 
 Of license, see INTOXICATING LIQUORS; LI- 
 CENSE. 
 
 mechanics' liens, and provisions for 
 same, see MECHANICS' LIENS. 
 municipal ordinance, see MUNICIPAL 
 CORPORATIONS, V. c. 
 
 Of provisions for control and regulation of 
 physicians and surgeons, see PHYSI- 
 CIANS AND SURGEONS, II. 
 
 Of statute, see STATUTES, 19-28. 
 
 Of railroad, see RAILROADS, VI. 
 
 Of street railway, see STREET RAILWAYS, II. 
 
 Of 
 Of 
 
 CONSTRUCTION CONTRACTS. 
 
 See BUILDING AND CONSTRUCTION CON- 
 TRACTS. 
 
 CONSTRUCTION WORK. 
 
 As railroad hazard within statute changing 
 fellow-servant rule. 18 L.R.A.(N.S.) 
 479; 47 L.R.A.(N.S.) 114. 
 
 CONSTRUCTION. 
 
 Of constitution, see CONSTITUTIONAI, LAW, ', 
 5, 6. 
 
 Of contract generally, see CONTRACTS, III. 
 
 Of contract limiting carrier's liability, see 
 CARRIERS, 28, 29, 91, 128-135. 
 
 Of chattel mortgage, see CHATTEL MORT- 
 GAGE, especially 8-12. 
 
 Bcflin ivith this ftoofc on every law question. 
 
 CONSTRUCTIVE FORCE. 
 
 Constituting robbery. 57 L.R.A. 439; 46 
 L.R.A.(N.S.) 1149; L.R.A.1918K, 938. 
 
 Carrier's liability for ejection of trespasser 
 from moving train by. 13 L.R.A. 
 (N.S.) 369.
 
 INDEX TO L.K.A. NOTES. 
 
 249 
 
 CONSTRUCTIVE KNOWLEDGE. 
 
 See NOTICE, 12. 
 
 CONSUL cont'd 
 
 ] Trading with an enemy. 45 L.R.A. 588. 
 Exemption from liability for judicial and 
 other acts. 45 L.R.A. 588. 
 
 CONSTRUCTIVE NOTICE. 
 
 In general, see NOTICE, 12. 
 
 CONSTRUCTIVE POSSESSION. 
 
 Eight of one in constructive possession of 
 land to sustain action of trespass 
 quare clausum fregit. 30 L.R.A. (N.S.) 
 250. 
 
 CONSTRUCTIVE SERVICE. 
 
 Of process, see WRIT AND PROCESS, 15- 
 19. 
 
 CONSTRUCTIVE TOTAL LOSS. 
 
 See also INSURANCE., 173. 
 
 In general, see INSURANCE, 173. 
 
 Does a policy of marine insurance against 
 total loss only, or containing an ex- 
 ception against liability for partial 
 loss cover a constructive total loss. 
 L.R.A.1916F, 1171. 
 
 CONSTRUCTIVE TRUSTS. 
 
 See TRUSTS, 12, 13. 
 
 CONSUL. 
 
 1. Generally. 
 
 Injunction against proceedings before. 21 
 L.R.A. 75. 
 
 2. Jurisdiction and powers. 
 
 Jurisdiction in criminal cases. 45 L.R.A. 
 
 481. 
 
 Jurisdiction in civil cases. 45 L.R.A. 486. 
 Powers of consul in other matters. 45 
 
 L.R.A. 496. 
 
 3. Exemptions and privileges. 
 
 Generally. 45 L.R.A. 579. 
 
 Jurisdiction of civil actions against con- 
 
 suls. 45 L.R.A. 580. 
 Jurisdiction of criminal actions against 
 
 consuls. 45 L.R.A. 584. 
 Exemption from obligation to appear as a 
 
 witness. 45 L.R.A. 586. 
 Exemption from taxation. 45 L.R.A. 587. 
 Exemption from military and jury duties. 
 
 45 L.R.A. 587. 
 Domicil. 45 L.R.A. 587. 
 Consult also L.R.A. Digests of Cases. 
 
 CONSULTING PHYSICIAN. 
 
 What constitutes a consultation with a 
 physician within the meaning of an 
 application for life insurance. 18 
 L.R.A.(N.S.) 362. 
 
 Does privilege as to communication or in- 
 formation acquired by physician extend 
 to consulting physician. 16 L.R.A. 
 (N.S.) 887; L.R.A.1915F, 891. 
 
 -- 
 
 CONSUMER. 
 
 Of water, see WATERS, III. 
 
 ** 
 
 CONSUMPTION. 
 
 As element of damages for negligent injury. 
 48 L.R.A.(N.S.) 102. 
 
 CONTAGIOUS DISEASE. 
 
 1. Generally. 
 
 Of animal, see ANIMALS, 17. 
 
 Protection against and regulations as to y 
 
 see HEALTH, 6-10. 
 Vaccination against smallpox, see HEALTH, 
 
 9, 10. 
 
 Hospital for, see HOSPITALS. 
 Municipal liability for spread of, see 
 
 MUNICIPAL CORPORATIONS, 76. 
 As to syphilis, see SYPHILIS. 
 
 Isolation of infected persons. 26 L.R.A. 
 
 489. 
 Right of carrier to reject persons having 
 
 contagious disease. 4 L.R.A. (N.S.) 
 
 103. 
 Right of innkeeper to refuse to accept as 
 
 guest one having contagious disease. 
 
 52 L.R.A.(N.S.) 745. 
 Mental anguish because of exposure to, aa 
 
 element of damages in. telegraph cases. 
 
 49 L.R.A.(N.S.) 238. 
 
 2. Liability as to. 
 
 Liability for communicating or exposure to k 
 19 L.R.A. 725. 
 
 Liability of municipal corporations for 
 spreading contagious disease by its 
 method of caring for patients. 13- 
 L.R.A.(N.S.) 1190. 
 
 Liability of carrier for contraction of con- 
 tagious disease by passenger. 36 
 L.R.A.(N.S.) 337. 
 
 Landlord's duty and liability as to premises 
 upon which a contagious disease has 
 existed. 6 L.R.A. (N.S.) 977.
 
 INDEX TO L.R.A. NOTES. 
 
 250 
 
 CONTAGIOUS DISEASE cont'd ] 
 
 Infecting premises with, as waste. 30 
 L.R.A. (N.S.) 474. 
 
 3. Epidemics of. 
 
 Protection of health during, see HEALTH, 
 
 7- 
 
 Power of municipality during, see MUNICI- 
 PAL CORPORATIONS, 26. 
 
 Right of teacher to salary during epidemic. 
 50 L.R.A. 371. 
 
 CONTAINERS. 
 
 Unfair competition in using rival's contain- 
 er for competing product. L.R.A.1915F, 
 945. 
 
 CONTEMPORANEOUS AGREEMENT. 
 
 Parol evidence as to, see EVIDENCE, 162, 
 
 163. 
 
 As defense to promissory note. 
 449. 
 
 43 L.R.A. 
 
 CONTEMPT. 
 
 I. In general, 1-4. 
 II. What constitutes, 5-9. 
 
 III. Power to punish for, 10-12. 
 
 IV. Punishment, 13. 
 
 I. In general. 
 
 1. Generally. 
 
 Liability of corporation for, see COBPOBA- 
 
 v TIONS, 39. 
 
 Holding of witness for contempt during 
 trial as ground for reversal. 43 L.R.A 
 (N.S.) 844. 
 
 Injunction against publication constituting 
 32 L.R.A. 273. 
 
 Personal liability of judicial officer com 
 mitting person for contempt. 1 
 L.R.A. 144; 44 L.R.A.(N.S.) 175. 
 
 Criminal responsibility of corporation for 
 2 B. R. C. 246. 
 
 Punishment as for a contempt as remedy 
 for refusal to permit access to or visita 
 tion of children as provided by decree o 
 divorce. L.R.A.1917B, 290. 
 
 $ 2. Nature of proceeding to punish 
 for. 
 
 Is proceeding for contempt for violation o 
 an injunction civil or criminal. 1 
 L.RJMN.S.) 591; 34 L.R.A. (N.S. 
 874; 42 L.R.A. (N.S.) 793. 
 
 Is contempt for violation of an injunctio 
 against interfering with another's em 
 ployees civil or criminal. 13 L.R.A 
 (N.S.) 598. 
 
 Jict/in with this boo7c on every law question. 
 
 CONTEMPT, I. cont'd 
 3. Purging; justification; defenses. 
 
 Effect of denial under oath to purge one of 
 criminal contempt. 9 L.R.A. (N.S.) 
 1119; L.R.A.1917E, 654. 
 
 nvitation or solicitation to violate injunc- 
 tion, or consent or acquiescence there- 
 in, as justification for so doing. 9 
 L.R.A. (N.S.) 304. 
 
 nability to pay alimony as defense to con- 
 tempt. 30 L.R.A.(N.S.) 1001; L.R.A. 
 1917C, 97. 
 
 ?ruth as defense to publication, pending 
 trial, of article tending to influence 
 result. 6 L.R.A. (N.S.) 572. 
 
 4. Procedure. 
 
 Affidavit or complaint in contempt proceed- 
 ings on information and belief. L.R.A. 
 1917C, 854. 
 
 iight to take judicial notice of decree in 
 proceeding to punish violation of same 
 as contempt. 24 L.R.A. (N.S.) 404. 
 
 Validity of statute creating prima facie rule 
 of evidence in contempt cases. L.R.A. 
 1916C, 736. 
 
 Applicability in proceeding to punish crimi- 
 nal contempt of rules of evidence in 
 criminal cases. L.R.A.1917B, 118. 
 
 STecessity of finding facts before adjudging 
 one guilty of contempt. 30 L.R.A. 
 (N.S.) 564. 
 
 Right of one charged with contempt to 
 notice and hearing. 10 L.R.A. (N.S.) 
 1098. 
 
 Collateral attack on commitment proceed- 
 ings. 1 L.R.A.(N.S.) 1143. 
 
 71. What constitutes. 
 
 5. Generally. 
 
 Failure to appear, or tardiness, of attorney, 
 
 as. 15 L.R.A.(N.S.) 389. 
 Disclosure by grand juror of evidence given 
 
 before grand jury. 17 L.R.A. (N.S.) 
 
 1049. 
 Summoning biased or otherwise improper 
 
 jurors or talesmen as a contempt. 20 
 
 L.R.A.(N.S.) 1013. 
 Intoxication in court room as. 33 L.R.A. 
 
 (N.S.) 138. 
 Procuring one having knowledge of offense 
 
 to leave jurisdiction as. 33 L.R.A. 
 
 (N.S.) 976. 
 Bringing or inciting the bringing of a false 
 
 or fictitious suit as contempt. L.R.A. 
 
 1915B, 689. , 
 Misconduct toward juror as contempt. 46 
 
 L.R.A.(N.S.) 517; L.R.A.1916D, 1193. 
 Misconduct toward witness as contempt of 
 
 court. L.R.A.1915D, 569. 
 Defamatory statements made on witness 
 
 stand as. 4 B. R. C. 959. 
 Evasive or false answer by witness as. 41 
 
 L.R.A. (N.S.) 478. 
 Conduct designed to annoy a litigant and 
 
 induce him to abandon suit as. 42 
 
 L.R.A.(N.S.) 722. 
 
 Refusal to restore money or property se- 
 cured under judgment subsequently re- 
 versed or set aside, as. 39 L.R.A. 
 
 (N.S.) 1100.
 
 INDEX TO L.R.A. NOTES. 
 
 251 
 
 CONTEMPT, II. cont'd 
 Release of, or interference with custody of, 
 prisoner. L.R.A.1917D, 355. 
 
 6. Action toward judge; statement or 
 publication as to case or decision. 
 
 Attorney's statement in court concerning 
 decisions. 5 L.R.A.(N.S.) 916. 
 
 Reflection on judge as ministerial officer. 
 15 L.R.A. (N.S.) 621. 
 
 Publishing inaccurate report of court de- 
 cision. 17 L.R.A. (N.S.) 583. 
 
 Assault on or abuse of judge after he has 
 retired from court room. 2 L.R.A. 
 (N.S.) 603. 
 
 Liability of newspaper proprietor in case of 
 publication without his knowledge. 26 
 L.R.A. 781. 
 
 Publication of matters derogatory to par- 
 ties to litigation. 2 B. R. C. 483. 
 
 Publication reflecting upon defendant in a 
 criminal case. L.R.A.1917E, 713. 
 
 7. after case has ended. 
 
 At common law. 68 L.R.A. 251. 
 
 Under statute. 68 L.R.A. 260. 
 
 What constitutes a "pending" action. 68 
 
 L.R.A. 261. 
 Personal criticism of, or insult to, court 
 
 because of decision after determination 
 
 of cause. 17 L.R.A. (N.S.) 585. 
 Criticism of decision or opinion after case 
 
 has been determined. 17 L.R.A. (N.S.) 
 
 572. 
 
 8. Disobedience. 
 
 Compelling payment of alimony by con- 
 tempt proceedings. 24 L.R.A. 433. 
 
 Disobedience of void order. 16 L.R.A. 
 (N.S.) 1063. 
 
 Violation by private citizen of decree 
 against a municipality as contempt. 
 25 L.R.A. (N.S.) 226. 
 
 .Failure or refusal of bankrupt or person 
 having money or property belong- 
 ing to a bankrupt to deliver it to 
 a trustee. 23 L.R.A. (N.S.) 255. 
 
 Refusal to be sworn or to affirm as a con- 
 tempt of court. 51 L.R.A. (N.S.) 1155. 
 
 Refusal to produce books or papers in re- 
 sponse to subpoena upon ground that 
 they contain private matter. 29 L.R.A. 
 (N.S.) 716. 
 
 Duty to produce books or papers pursuant 
 to order of court as affected by their 
 location or control or by considerations 
 of convenience or inconvenience. L.R.A. 
 1915B, 980. 
 
 Marrying out of state contrary to decree 
 as contempt. 40 L.R.A. (N.S.) 765. 
 
 Right of bank officer or employee to refuse 
 to disclose state of depositor's account. 
 L.R.A.1915D/1061. 
 
 Power to punish disobedience to order in 
 case by striking pleadings. 4 L.R.A. 
 (N.S.)' 1185; 27 L.R.A.(N.S.) 1062. 
 
 Effect of appeal from injunction upon juris- 
 diction to punish for contempt for its 
 violation. L.R.A.1918F, 794. 
 
 Consult also L.R.A. Digests of Cases 
 
 CONTEMPT, II. cont'd 
 
 Right to take judicial notice of decree in 
 proceeding to punish violation of same 
 as contempt. 24 L.R.A. (N.S.) 404. 
 
 8a. of injunction. 
 
 Nature of proceeding to punish for, see 
 supra, 2. 
 
 By board of health in disobeying injunc- 
 tion. 48 L.R.A. 708. 
 
 Disobedience of void injunction as con- 
 tempt. 16 L.R.A.(N.S.) 1063. 
 
 Effect of appeal from injunction on juris- 
 diction of trial court to punish for con- 
 tempt for its violation. 14 L.R.A. 
 (N.S.) 1150. 
 
 Dissolution of preliminary injunction as 
 affecting right to punish for contempt 
 for its violation. 51 L.R.A.(N.S.) 972. 
 
 Necessity and sufficiency of notice of in- 
 junction to render one not a party, 
 guilty of contempt in disobeying it. 23 
 L.R.A. (N.S.) 1295. 
 
 Invitation or solicitation to violate injunc- 
 tion, or consent or acquiescence there- 
 in, as justification for so doing. 9 
 L.R.A.(N.S.) 304. 
 
 In violation of preliminary injunction 
 which would have effect of transferring 
 possession of property from defendant 
 to plaintiff. 39 L.R.A.(N.S.) 32. 
 
 9. notice as essential. 
 
 Knowledge necessary to charge owner with 
 conduct of tenants or others in selling 
 intoxicating liquor on premises in vio- 
 lation of injunction. 25 L.R.A. (N.S.) 
 602. 
 
 Necessity and sufficiency of notice of in- 
 junction to render one not a party 
 guilty of contempt in disobeying it. 
 23 L.R.A.(N.S.) 1295. 
 
 III. Power to punish for. 
 
 10. Generally. 
 
 Power of legislative body to punish for con- 
 tempt. L.R.A.1917F, 288. 
 
 Notary's power to punish for contempt. 
 36 L.R.A. 822. 
 
 Power to punish contempt committed out 
 of state. L.R.A 1917E, 553. 
 
 Effect of appeal from injunction upon juris- 
 diction of trial court to punish for con- 
 tempt for its violation. 14 L.R.A. 
 (N.S.) 1150; L.R.A.1918F, 794. 
 
 Qualification of judge to sit on trial of one 
 for contempt consisting of reflections 
 upon himself. 11 L.R.A.(N.S.) 619. 
 
 Dissolution of preliminary injunction as 
 affecting right to punish for contempt 
 for its violation. 51 L.R.A.(N.S.) 972. 
 
 11. Power of magistrate to punish 
 witness. 
 
 In general. 1 L.R.A.(N.S.) 1135. 
 Want of jurisdiction. 1 L.R.A. (N.S.) 1142. 
 Depositions to be used in another's state. 
 1 L.R.A.(N.S.) 1142.
 
 252 
 
 INDEX TO L.R.A. NOTES. 
 
 CONTEMPT, III. cont'd 
 
 Review of commitment by habeas corpus. 1 
 L.R.A.(N.S.) 1142. 
 
 Collateral attack on commitment proceed- 
 ings. 1 L.R.A.(N.S.) 1143. 
 
 12. Power of legislature to abridge 
 court's power to punish. 
 
 Tn general. 36 L.R.A. 254. 
 In case of Federal courts. 36 L.R.A. 258. 
 Distinction between constitutional courts 
 and others. 36 L.R.A. 258. 
 
 IV, Punishment. 
 
 18. Generally. 
 
 Power to punish, see supra, III. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 Punishment of corporation for contempt. 
 4 L.R.A.(N.S.) 1001. 
 
 Power to punish disobedience to orders in 
 case by striking pleadings. 4 L.R.A. 
 (N.S.) 1185; 27 L.R.A. (N.S.) 1062. 
 
 Imprisonment for failure to pay alimony 
 aa violation of constitutional provision 
 against imprisonment for debt. 17 
 L.R.A.(N.S.) 1140. 
 
 Remedy pending appeal from decree in di- 
 vorce suit, for failure to comply with 
 order for payment of temporary ali- 
 mony, suit money, or counsel fees. 51 
 L.R.A.(N.S.) 1119. 
 
 Refusal to proceed with trial of divorce suit 
 'because of noncompliance with order to 
 pay temporary alimony, suit money, or 
 counsel fees. L.R.A.1915E, 567. 
 
 Punishing counsel for contempt of court 
 du/ing trial as prejudicing rights of 
 party.- 42 L.R.A. (N.S.) 428. 
 
 Punishment of convict for failure or refusal 
 to testify or other contempt. L.R.A. 
 1917B, 588. 
 
 CONTEST. 
 
 Of election, see ELECTIONS, 27, 28. 
 Of title to office, see MUNICIPAL CORPO- 
 RATIONS, 118; OFFICERS, 27. 
 Prize contest, see PRIZE CONTEST. 
 Of will, see WILLS, 57. 
 
 Of assessment for drains and sewers. 60 
 L.R.A. 241. 
 
 CONTINGENCY. 
 
 Effect on contract of leaving price depend- 
 ent on. 53 L.R.A. 293. 
 
 Character of tenancy created by letting 
 until happening of a specified event. 
 34 L.R.A.(N.S.) 1069. 
 
 Contingencies in possible action of sendee, 
 or other person as affecting liability 
 for failure properly to transmit and 
 deliver a telegram. 12 L.R.A. (N.S.) 
 748. 
 
 CONTINGENCY cont'd 
 
 Recovery for loss of time in action for per- 
 sonal injury as affected by contingent 
 character of compensation. 8 L.R.A. 
 (N.S.) 1228. 
 
 Application of property to support of in- 
 fant where his rights are contingent. 
 57 L.R.A. 736. 
 
 Does contingency of death without issue, 
 children, etc., import their survival of 
 the first taker. 37 L.R.A.(N.S.) 164. 
 
 To what time contingency of death of a 
 legatee or devisee without child or issue 
 on which a gift is conditioned is refer- 
 able. 25 L.R.A.(N.S.) 1045. 
 
 Allowance for, in appraising public service 
 property on the cost to reproduce basis. 
 48 L.R.A.(N.S.) 1042. 
 
 CONTINGENT CLAIMS. 
 
 Set off of, or against, see SET-OFF AITD- 
 
 COUNTERCLAIM, 17. 
 
 CONTINGENT FEE. 
 
 Of attorney, see ATTORNEYS, 20. 
 
 For services in procuring legislation. 30 
 L.R.A. 738. 
 
 Validity of contract to pay attending phy- 
 sician percentage of damages recovered 
 for personal injury. 33 L.R.A.(N.S.) 
 87. ' 
 
 CONTINGENT INTERESTS. 
 
 Constitutional rights as to, see CONSTITU- 
 TIONAL LAW, 26. 
 
 Under deed, see DEEDS, 31. 
 
 Under will, see WILLS, 99-102. 
 
 Contingency of claim against decedent's 
 estate as affecting time for presenta- 
 tion, see EXECUTORS AND ADMINISTRAT- 
 ORS, 41. 
 
 As subject to levy, see LEVY AND SEIZURE, 
 4. 
 
 As to expectancy, see EXPECTANCY. 
 
 Right of owner of, to maintain suit to 
 
 establish or enforce a trust. 7 L.R.A. 
 
 (N.S.) 999. 
 What contingent interest may be reached 
 
 by creditor's bill. 27 L.R.A.(N.S.) 
 
 454. 
 Estates in remainder as assets which will 
 
 pass to the trustee in bankruptcy. 47 
 
 L.R.A.(N.S.) 284. 
 
 Jleyin iHth this took on every laic question. 
 
 CONTINGENT LIABILITY. 
 
 Set-off of contingent liability against judg- 
 ment in hands of assignee. 23 L.R.A. 
 339.
 
 INDEX TO L.R.A. NOTES. 
 
 253 
 
 CONTINGENT REMAINDERS. 
 
 See DEEDS, 31; WILLS, 101, 102. 
 
 CONTINUANCE. 
 
 1. Generally. 
 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 61. 
 Master's duty to continue business, see 
 
 MASTEB AND SERVANT, 35. 
 
 Continuance of family as condition of con- 
 tinuance of homestead where its exist- 
 ence is a condition of the inception of 
 the homestead. 16 L.R.A. (N.S.) 111. 
 
 Liability of one erecting or creating a nui- 
 sance on his land for its continuance 
 after he has parted with the title. 25 
 L.R.A.(N.S.) 731. 
 
 Necessity of finding as to continuance of 
 insanity of one confined after acquittal 
 of crime for insanity. 1 L.R.A. (N.S.) 
 540. 
 
 2. Of trial. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 61, 6 la. 
 
 Propriety of arguments by counsel to jury 
 
 citing statements in affidavits for con- 
 
 tinuances. L.R.A.1918D, 57. 
 Continuance because of illness of a party. 
 
 42 L.R.A.(N.S.) 660. 
 Injunction against judgment for refusal of. 
 
 30 L.R.A. 703. 
 Injunction against judgment obtained by 
 
 agreement to continue. 30 L.R.A. 790. 
 As ground for admitting to bail in capital 
 
 case. 39 L.R.A. (N.S.) 768. 
 As ground for discharge of accused. 56 
 
 L.R.A. 526. 
 
 By withdrawal of juror. 48 L.R.A. 432. 
 Continuance to procure witness who is be- 
 
 yond the jurisdiction. L.R.A.1918E, 
 
 527. 
 Presence of witnesses at trial as curing er- 
 
 ror in denying motion for continuance 
 
 on ground of absent witnesses. 2 
 
 L.R.A.(N.S.) 721. 
 Privilege of suitor or witness from service 
 
 of process during adjournment. 14 
 
 L.R.A.(N,S.) 667; L.R.A.1917B, 253. 
 
 3. admission on application for. 
 
 Denial of continuance, upon admissions by 
 the prosecution, as affected by 
 right of accused to meet witnesses. 
 16 L.R.A. 239. 
 
 Admissibility on subsequent trial of admis- 
 sion made to defeat continuance. 25 
 L.R.A.(N.S.) 169. 
 
 4. Of grand jury. 
 
 Adjourned te'rms of grand jury. 
 785. 
 
 27 L.R.A. 
 
 CONTINUING CONTRACTS. 
 
 Specific performance of, see SPECIFIC PEB- 
 
 FORMANCE, 10a. 
 
 Constilt also L.R.A. Digests of Cases. 
 
 CONTINUING CONTRACTS cont'd 
 Right to rescind or abandon because of 
 
 other party's default. 30 L.R.A. 69. 
 Acceptance of portion of instalment as af- 
 fecting right to rescind contract for 
 failure to deliver whole. 21 L.R.A. 
 (N.S.) 864. 
 
 CONTINUING GUARANTY. 
 
 See GTJABANTY, 6. 
 
 CONTINUING NUISANCE. 
 
 Liability for, see NUISANCES. 
 
 CONTINUING OFFENSE. 
 
 Violation of Sunday law as. 20 L.R.A. 
 
 (N.S.) 783. 
 When larceny deemed continuous. 7 L.R.A. 
 
 (N.S.) 520. 
 Practising medicine, surgery, or dentistry 
 
 without license as. 42 L.R.A. (N.S.) 
 
 768. 
 Concealment of assets in violation of bank- 
 
 ruptcy act as a continuing offense. 43 
 
 L.R.A.(N.S.) 278. 
 
 CONTINUING PARTNER. 
 
 Powers of, see PABTNEBSHIP, 34. 
 
 <* 
 
 CONTINUING TRESPASSES. 
 
 Injunction against. 13 L.R.A.(N.S.) 173; 
 21 L.R.A.(N.S.) 417. 
 
 CONTINUITY. 
 
 Of adverse possession, see ADVEBSE POSSES- 
 SION, 20. 
 
 Effect of breaking continuity of passage or 
 shipment upon its interstate character. 
 L.R.A.1917D, 1184. 
 
 CONTRABAND. 
 
 Effect of carriage of contraband upon ma- 
 rine insurance, 5 B. R. C. 58. 
 
 CONTRACTOR. 
 
 In general, see CONTRACTS. 
 Bond of, see BONDS, 9, 10.
 
 254 
 
 INDEX TO L.R.A. NOTES. 
 
 CONTRACTOR cont'd 
 
 Building contractor, see BUILDING AND CON 
 
 >IKi;CTION CONTRACTS. 
 
 Performance or breach of contract of, see 
 CONTRACTS, V. 
 
 Liability for injury in highway, see HIGH- 
 WAYS, 92. 
 
 Liability for injury to tenant, see LAND 
 LORD AND TENANT, 73. 
 
 Liability of, for injuries generally, see MAS 
 TER AND SERVANT, 196-198. 
 
 Liability for nuisances, see NUISANCES, 14. 
 
 As to independent contractor, see MASTER 
 AND SERVANT, IV. b. 
 
 For public improvement, see PUBLIC In 
 
 PROVEMENTS. 
 
 Master's liability for injury to servants of, 
 under workmen's compensation acts. 
 L.R.A.1916A, 95. 
 
 Independent contractors and employees of 
 subcontractors as within protection of 
 Workmen's Compensation Act. L.R.A. 
 1917D, 148. 
 
 Servant of, as fellow servant with servant 
 of employer. 17 L.R.A.(N.S.) 334. 
 
 As a necessary party to a bill to enforce 
 a mechanics' lien. 33 L.R:A.(N.S.) 69. 
 
 Will breach of contract with municipality 
 to keep a street or highway in repair 
 sustain an action by a person injured 
 directly against the contractors. 39 
 L.R.A. (N.S.) 1112. 
 
 Constitutionality of statute making owner 
 personally liable to employees of con- 
 tractors or materialmen because of 
 noncompliance with provisions for their 
 protection. 39 L.R.A. (N.S.) 868. 
 
 Language used by owner or other person in- 
 terested in construction of building, im- 
 porting a promise to pay a subcontract- 
 or, materialman, or employee of con- 
 tractor as a promise to answer for the 
 debt or default of another. 5 B. R. C. 
 96. 
 
 Right of contractor with public to immunity 
 which latter enjoys from liability for 
 damages. L.R.A.1916D, 511. 
 
 Liability of mail contractors for lost or stol- 
 en mail. L.R.A.1915A, 376. 
 
 Allowance of contractor's profits in ap- 
 praisals of public service property, on 
 the cost to reproduce theory. 48 L.R.A. 
 (N.S.) 1041. 
 
 Reservation of title to, or lien upon, chat- 
 tel sold to contractor or materialman 
 who attaches it as a fixture to realty 
 of a third person. 52 L.R.A.(N.S.) 
 561. 
 
 CONTRACTS. 
 
 I. In general, 1. 
 II. Nature and requisites, 2-60 
 
 a. In general, 2, 2a. 
 
 b. Implied agreements, 3-6. 
 
 CONTRACTS, II. cont'd 
 
 o. Consideration, 7-17. 
 
 1. In general, 7. 
 
 2. Necessity of, S. 
 
 3. Sufficiency of, 9-14. 
 
 4. Failure of, 15. 
 6. Return of, 16. 
 
 6. Proof of; recitals as to.. 
 17. 
 
 d. Mutuality, IS. 
 
 e. Meeting of minds; definite- 
 
 ness, 19-23. 
 
 f. Capacity to malte, 24. 
 
 g. Formal requisites; statute of 
 
 frauds, 25-39. 
 1. In general, 25-33. 
 
 2. Contracts relating to 'per- 
 
 sonalty, 34-36. 
 
 3. Contracts to answer for 
 
 debt or default of an- 
 other, ;j~. 
 
 4. Contracts not to be per- 
 
 formed ivithin a year, 
 38, 39. 
 
 5. Contracts as to realty? 
 
 10-49. 
 
 6. Sufficiency of writing, 
 
 5O-54. 
 
 7. Effect of part perform- 
 
 ance, 55-59. 
 h. Merger, 6O. 
 
 III. Construction, 61-69a. 
 
 a. In general, 61. 
 
 b. Entirety, 62. 
 
 c. Time, 63. 
 
 d. Particular words, phrases f 
 
 and cases, 64-69a. 
 
 IV. Essential validity and effect, 
 
 7O-12O. 
 
 a. In general; public policy, 
 
 7O-103a. 
 
 b. Fraud; unfair advantage, 
 
 1O4. 
 
 c. Gambling and wagering con- 
 
 tracts, 1O5, 1O6. 
 
 d. In restraint of trade, 
 
 1O7-1O9. 
 
 e. Ratification, 11O, 111. 
 
 /. Relief from, or enforcement 
 
 of, 112-12O. 
 V. Performance; breach, 121- 
 
 142. 
 a. In general, 121-132. 
 
 1. Generally, 121, 122. 
 
 2. Excuse for failure to 
 
 perform, 123-126. 
 3. Incomplete performance; 
 sufficiency of perform- 
 ance, 127-13O. 
 
 4. Breach, 131, 131a. 
 
 5. Time of performance, 
 
 132. 
 Z. Building and construction 
 
 contracts, 133-142. 
 VI. Change; extinguishment, 143- 
 156. 
 
 a. In general, 143-148. 
 
 b. Rescission; cancelation, 
 
 149-156. 
 VII. Actions; liabilities, 157. 
 
 Begin with this book on every law question. 
 
 VIII. Public contracts, 
 
 158-163.
 
 INDEX TO L.R.A. NOTES. 
 
 255 
 
 CONTRACTS cont'd 
 
 I. In general. 
 
 1. Generally. 
 
 Particular kinds of contracts, see specific 
 titles, e. y., BILLS AND NOTES; BROK- 
 ERS; HUSBAND AND WIFE; INSURANCE; 
 SALE; VENDOR AND PURCHASER. 
 
 Arbitration agreements, see ARBITRATION. 
 
 Admiralty jurisdiction over, see ADMIRAL- 
 TY, 3. 
 
 Assignability of, see ASSIGNMENT, 4. 
 
 Matters peculiar to auctions, see AUCTIONS. 
 
 Automobile distribution 'contract, see AUTO- 
 MOBILES, 11. 
 
 Conflict of laws, as to, see CONFLICT OF 
 LAWS, 2-12. 
 
 Constitutionality of statute legalizing, see 
 CONSTITUTIONAL LAW, 10. 
 
 Constitutionality of statutes restricting 
 contracts, see CONSTITUTIONAL LAW, 
 IX. e. 
 
 Impairment of obligation, see CONSTITU- 
 TIONAL LAW, 30-38. 
 
 Contracts of corporation, generally, see Cor- 
 porations, V. b. 
 
 Rights and powers of corporate officers as 
 to, see CORPORATIONS, 44, 45, 48. 
 
 Liability of corporation on contracts of 
 promoters, see CORPORATIONS, 63. 
 
 As affected by custom or usage, see CUS- 
 TOM AND USAGE. 
 
 As to covenants, see COVENANTS. 
 
 Agreements for divorce or separation, see 
 DIVORCE AND SEPARATION, 58. 
 
 Estoppel by, see ESTOPPEL, III. d. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 90. 
 
 Evidence as to, generally, see EVIDENCE, 
 278, 279. 
 
 Limitation by, of time to sue on policy, see 
 INSURANCE, 207, 208. 
 
 Judgment as a contract, see JUDGMENT, 
 27. 
 
 What contracts will support maritime lien, 
 see MARITIME LIENS, 2. 
 
 Officer's liability on, see OFFICERS, 39. 
 
 Provision for penalty in, see PENALTY, 2. 
 
 Pleading in action on contracts, see PLEAD- 
 ING, 18-22. 
 
 Privity of, see PRIVITY. 
 
 As to location of public buildings, see PUB- 
 LIC BUILDINGS, 2. 
 
 Specific performance of, see SPECIFIC PER- 
 FORMANCE. 
 
 Compromise, see COMPROMISE AND SETTLE- 
 MENT. 
 
 With corporation, see CORPORATIONS, 
 28-34, 44, 45, 48. 
 
 Of county, see COUNTIES, 6. 
 
 Of guaranty, see GUARANTY. 
 
 By husband and wife with third persons, 
 see HUSBAND AND WIFE, 4. 
 
 Of married woman, see HUSBAND AND WIFE, 
 15-19. 
 
 Contracts between husband and wife, see 
 HUSBAND AND WIFE, V. 
 
 Between landlord and tenant, see LANDLORD 
 AND TENANT. 
 
 Of employment, see BROKERS; MASTER AND 
 SERVANT, II. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, I. cont'd 
 
 Of municipality, see MUNICIPAL CORPORA- 
 TIONS, 53-60. 
 
 Of partnership, see PARTNERSHIP, 8, 9. 
 
 Party wall agreement, see PARTY WALLS. 
 
 Provision for penalty in, see PENALTY, 2, 
 
 With physician, see PHYSICIANS AND SUR- 
 GEONS, 19. 
 
 Pleading in action on contract, see PLEAD- 
 ING, II. b. 
 
 Liability of surety on, see PRINCIPAL AND 
 SURETY. 
 
 As to location of public buildings, see PUB- 
 LIC BUILDINGS, 2. 
 
 For public improvement, see PUBLIC IM- 
 PROVEMENTS, 7-9. 
 
 Of sale of personal property, see SALE. 
 
 Counterclaims in tort in actions on con- 
 tract, see SET-OFF AND COUNTERCLAIM, 
 14, b. 
 
 Specific performance of, see SPECIFIC PER- 
 FORMANCE. 
 
 To maintain spur track on sidings, see SPUR 
 TRACKS AND SIDINGS. 
 
 For support, see SUPPORT, 3-5. 
 
 For exclusive service by telephone company, 
 see TELEPHONES, 2. 
 
 Of sale of real property, see VENDOR AND 
 PURCHASER. 
 
 Agreement to make will, see WILLS, 2, 3. 
 
 For work and labor, see WORK AND LABOR, 
 2. 
 
 As an intangible value to be considered in 
 public service property valuations. 48 
 L.R.A. (N.S.) 1082. 
 
 Rule of benevolent society requiring desig- 
 nation of beneficiary by contract. 
 L.R.A.1918F, 777. 
 
 Rights of trustee as to executory contracts 
 of bankrupt. L.R.A.1917F, 657. 
 
 Rate of interest after judgment on contract 
 fixing rate. 3 B. R. C. 169. 
 
 Right to damages for breach of option con- 
 tract which is not specifically enforce- 
 able because it contravenes the rule 
 against perpetuities. 4 B. R. C. 292. 
 
 As to partition fences. 22 L.R.A. 109. 
 
 Delegation of municipal power as to. 20 
 L.R.A. 727. 
 
 Private contracts for erection of wharves. 
 40 L.R.A. 647. 
 
 Contract rights in artificial condition of 
 body of water. 50 L.R.A. 836. 
 
 Adverse possession following agreement as 
 to boundary. 21 L.R.A. 833. 
 
 Acquiring right of way for drains and 
 sewers by. 60 L.R.A. 197. 
 
 Injunction against judgment fraudulently 
 obtained by agreement. 30 L.R.A. 787. 
 
 Liability of infant for tort in inducing con- 
 tract, 57 L.R.A. 675. 
 
 Right of one in possession of another's 
 property to appropriate it to an ex- 
 ecutory contract with the latter. 36 
 L.R.A. (N.S.) 622. 
 
 Execution of chattel mortgage on fixtures 
 as evidence of. 15 L.R.A. 59. 
 
 Denial of making of contracts upon infor- 
 mation and belief. 30 L.R.A. (N.S.) 
 773. 
 
 Question relating to, as Federal question. 
 62 L.R.A. 537.
 
 S56 
 
 CONTRACTS, I. cont'd 
 
 Federal courts following state decisions as 
 
 to. 40 L.R.A.(N.S.) 402. 
 Retaking property upon failure to carry 
 
 out contract as larceny. 41 L.R.A. 
 
 (N.S.) 553. 
 Sufficiency of service of notice necessary to 
 
 li\ contract rights upon bankrupt after 
 
 initiation of bankruptcy proceedings 
 
 but before appointment of trustee. 41 
 
 L.R.A.(N.S.) 276. 
 When may instrument in form of contract 
 
 INDEX TO L.R.A. NOTES. 
 
 be pivon effect 
 (N.S.) 41. 
 
 as a will? 41 L.R.A. 
 
 When claim against state deemed based on 
 contract within statute permitting 
 action against state. 42 L.R.A. (N.S.) 
 256. > 
 
 JJ. Nature and requisites, 
 a. In general. 
 
 2. Generally. 
 
 Contracts by telegraph, see TELEGRAPHS, 
 10. 
 
 Nature of contract by which owner agrees 
 to pay another all over specified sum 
 for procuring a sale. 35 L.R.A. (N.S.) 
 116. 
 
 2a. What are contracts. 
 
 Entries in bank book as. 24 L.R.A. 737. 
 Offer and acceptance without execution of 
 
 contemplated formal instrument. 29 
 
 L.R.A. 431. 
 
 b. Implied agreements. 
 
 3. Generally. 
 
 Election to sue 
 
 on implied contract, see 
 
 ELECTION OF REMEDIES, 3. 
 Implied guaranty, see GUABANTY, 3. 
 By municipal corporation, see MUNICIPAL 
 
 CORPORATIONS, 58-60. 
 
 To pay in gold or silver. 29 L.R.A. 522. 
 
 Not to use negative or engraved plates 
 without consent of party who has paid 
 for them. 50 L.R.A. 397. 
 
 Implied promise to share expense of party 
 wall erected without express contract. 
 66 L.R.A. 705. 
 
 Implication from use of patented article 
 of promise to pay royalty. 44 L.R.A. 
 (N.S.) 333. 
 
 Implied contract to compensate one furnish- 
 ing relief to poor person. 39 L.R.A. 
 (N.S.) 161. 
 
 Implied contract with intoxicated person. 
 54 L.R.A. 440. 
 
 Husband's liability under, for wife's pur- 
 chases on his credit of articles for 
 personal use. 65 L.R.A. 549; 47 L.R.A. 
 (N.S.) 279. 
 
 For compensation of partner. 17 L.R.A. 
 (N.S.) 412; L.R.A.1917F, 575. 
 
 Implied contract for through carriage by 
 initial or first contracting carrier. 
 31 L.R.A.(N.S.) 5. 
 
 Begin iHlh this booJc on every law question. 
 
 CONTRACTS, II. b cont'd. 
 
 Right of officer, director, or stockholder to 
 compensation for services to cor- 
 poration on theory of implied con- 
 tract. L.R.A.1917F, 310. 
 
 Right of physician to recover for emergency 
 services rendered unconscious person. 
 12 L.R.A.(N.S.) 1090. 
 
 Liability of one who solicits the services of 
 a physician or surgeon for another. 46 
 L.R.A.(N.S.) 577. 
 
 Liability of public for services of physician 
 or surgeon rendered prisoners. 50 
 L.R.A. (N.S.) }223. 
 
 Liability of corporation for services ren- 
 dered before its organizaztion of which 
 it has had the benefit. 4 B. R. C. 757. 
 
 Right of broker securing a purchaser for 
 part of the property to recover on 
 quantum meruit. 51 L.R.A. (N.S.) 258. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed within 
 a year. L.R.A.1916D, 895. 
 
 Implied contract to pay salary of pastor. 
 52 L.R.A. (N.S.) 172. 
 
 Implied warranty of quantity or quality of 
 water to be furnished in case of con- 
 tract to dig a well. L.R.A.1918A, 
 1085. 
 
 Lien upon automobile for repairs made un- 
 der implied contract. L.R.A.1918D, 330. 
 
 Implied agreement of purchaser of equity of 
 redemption to pay mortgage debt. 
 L.R.A.1917C, 596. 
 
 Implied contract of a bank taking out-of- 
 town collections. 52 L.R.A.(N.S.) 62]. 
 
 Implied power of attorney to bind client for 
 expenses incidental to trial including 
 associate counsel's office. 23 L.R.A. 
 (N.S.) 702. 
 
 Acceptance of chattel before agreement as 
 to purchase price, as assent to seller's 
 price. 11 L.R.A.(N.S.) 254. 
 
 Placing one's child in another's custody as 
 implying contract not to reclaim child. 
 16 L.R.A.(N.S.) 1004. 
 
 Employer's duties as to acts of independent 
 contractor arising out of implied con- 
 tract. 66 L.R.A. 150. 
 
 Statute of limitations applicable to action 
 
 . to enforce an implied promise arising 
 
 from acceptance of devise chargeable 
 
 with payment of legacy. 8 L.R.A. 
 
 (N.S.) 393. 
 
 Personal liability of committee appointed 
 at public meeting for services or sup- 
 plies. 51 L.R.A. (N.S.) 406. 
 
 Right of third person to sue on. 25 L.R.A. 
 263. 
 
 Liability of public corporation. 39 L.R.A. 
 (N.S.) 72. 
 
 4. To pay for services of relative or 
 member of household. 
 
 Implication of agreement to pay for serv- 
 ices rendered by relative or mem- 
 ber of household. 11 L.R.A. (N.S.) 
 873.
 
 INDEX TO L.R.A. NOTES. 
 
 257 
 
 CONTRACTS, II. b cont'd 
 
 Right of child who supports parent at re- 
 quest of other children to recover 
 therefor from the latter. 27 L.R.A. 
 (N.S.) .683. 
 
 Implied contract to pay for services to rel- 
 ative not living as part of same family. 
 1 L.R.A. (N.S.) 819. 
 
 5. husband or wife. 
 
 Right of husband or wife to compensation 
 for services rendered to other. 15 
 L.R.A. 215. 
 
 6. persons living in illicit re- 
 lations. 
 
 Implied contract to pay for household serv- 
 ices where parties are living in 
 illicit relations. 29 L.R.A. (N.S.) 
 787; L.R.A.1917B, 683. 
 
 o. Consideration. 
 1. In general. 
 
 7. Generally. 
 
 For bill or note, see BILLS AND NOTES, 18. 
 For compromise, see COMPROMISE AND 
 
 SETTLEMENT. 4. 
 For deeds, see DEEDS. 13, 14. 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 90. 
 Parol evidence as to, see EVIDENCE, 175, 
 
 176. 
 For fraudulent conveyance, see FBAUDULENT 
 
 CONVEYANCES, 6, 7. 
 For antenuptial contract, see HUSBAND AND 
 
 WIFE, 57. 
 For real estate mortgage, see MOBTGAQE, 
 
 22. 
 Return of consideration on setting aside 
 
 . release, see RELEASE, 7. 
 Return of, as prerequisite to rescission of 
 
 contract of sale, see SALE, 64. 
 
 Sufficiency of general averment of want of 
 consideration. L.R.A. 19 17F, 581. 
 
 Right to recover on obligation given for 
 a consideration which is unlawful un- 
 der the law of the place where the obli- 
 gation is payable, but good under the 
 law of the place where it was executed. 
 4 B. R. C. 374. 
 
 Effect of consideration moving' from bene- 
 ficiary originally named in certificate 
 issued by mutual benefit association on 
 right of member to change benefici- 
 aries. 12 L.R.A. (N.S.) 1207; 33 
 L.R.A. (N.S.) 773. 
 
 Effect of consideration paid or expense in- 
 curred on right to revoke license to 
 maintain burden on land. 49 L.R.A. 
 499. 
 
 Effect of additional consideration on pro- 
 tection under recording acts of mort- 
 gage given as security for pre-existing 
 debt. 33 L.R.A.(N.S.) 01. 
 
 Injunction against judgment entered by 
 confession where consideration is not 
 due. 30 L.R.A. 24-2. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, II. c, 1 cont'd 
 
 Merger of mortgage by conveyance from 
 mortgagor to mortgagee or revival 
 thereof after such conveyance where 
 there are intermediate encumbrances on 
 the property and the mortgagor gives 
 or receives additional consideration. 
 39 L.R.A. (N.S.) 841. 
 
 Consideration for contract of bank to col- 
 lect commercial paper. 52 L.R.A. (N.S. ) 
 612. 
 
 7a. Consideration for new agree- 
 ments abrogating, altering, supple- 
 menting, or supplanting prior con- 
 tracts. 
 
 Necessity of consideration for secondary 
 agreements. L.R.A.1915B, 3. 
 
 Sufficiency of consideration in secondary 
 agreements. L.R.A.1915B, 12. 
 
 Mutuality as consideration for secondary 
 contracts. L.R.A.1915B, 15. 
 
 Right to make secondary contracts upon 
 consideration. L.R.A. 1915B, 32. 
 
 Oral secondary contracts and their con- 
 sideration. L.R.A.1915B, 37. 
 
 Need of reciprocity in consideration of 
 secondary contracts. L.R.A. 1915B, 37. 
 
 Changed conditions as consideration for 
 changed contracts. L.R.A. 1915B, 44. 
 
 Reciprocity of benefits and burdens as con- 
 sideration for secondary contracts. 
 L.R.A.1915B, 48. 
 
 Consideration for modifications and substi- 
 tutions of executed contracts. L.R.A. 
 1915B, 55. 
 
 Consideration for waivers. L.R.A. 1915B, 
 58. 
 
 Secondary agreements as accords and satis- 
 factions or novations. L.R.A.191513, 
 59. 
 
 Consideration of secondary agreements be- 
 tween landlords and tenants. L.R.A. 
 1915B, 62. 
 
 Pleadings and proof respecting secondary 
 contracts. L.R.A. 1915B, 68. 
 
 2. Necessity of. 
 
 8. Generally. 
 
 For secondary agreements, see supra, 7a. 
 New consideration as essential to waiver of 
 
 presentment of commercial paper, . see 
 
 BILLS AND NOTES, 47. 
 To entitle to specific performance, see 
 
 SPECIFIC PERFORMANCE, 26. 
 
 Gift of check. 18 L.R.A. 855; L.R.A.1918C, 
 340. 
 
 Gift of promissory note. 26 L.R.A. 305; 
 L.R.A.1918C, 340. 
 
 For option. 21 L.R.A. 129. 
 
 For conveyance from husband to wife. 69 
 L.R.A. 368. 
 
 To accord and satisfaction by part payment. 
 20 L.R.A. 788; 11 L.R.A.(N.S.) 198; 21 
 L.R.A.(N.S.) 1005; L.R.A.1917A, 719. 
 
 For assumption of debts on dissolution of 
 partnership. 9 L.R.A. (N.S.) 52, 80. 
 
 For compromise of void, invalid or un- 
 founded claim. 25 L.R.A. (N.S.) 288. 
 
 17
 
 lia- 
 
 258 
 
 CONTRACTS, II. c, 2 cont'd 
 For contract limiting initial carrier's li 
 bility to its own line. 31 L.R.A. (N.S. 
 
 As affecting third party's right to sue on 
 contract for his benefit. 25 L.R.A. 257. 
 
 Set-off against judgment assigned without 
 consideration. 23 L.R.A. 338. 
 
 Lack of consideration for contract between 
 corporations having common directors 
 or officers. 33 L.R.A. 793. 
 
 Lack of consideration as defense to action 
 for specific performance of contract for 
 sale of corporate stock. 31 L.R.A. 
 (N.S.) 498. 
 
 Necessity for new consideration to support 
 waiver of failure to give notice of dis- 
 honor or subsequent promise by in- 
 dorser. 29 L.R.A. 305; 3 L.R.A.(N.S.) 
 1079. 
 
 Necessity of new consideration to bind third 
 person who signs as surety, indorser, 
 or guarantor after execution and de- 
 livery of original contract by principal. 
 44 L.R.A.(N.S.) 481; L.R.A.1918E, 579. 
 
 To sustain ratification" of unauthorized 
 alteration. 39 L.R.A. (N.S.) 131. 
 
 Necessity of consideration for a subsequent 
 agreement extending time of payment. 
 62 L.R.A.(N.S.) 333; L.R.A.1915B, 26. 
 
 Effect of \\aiver, without new consideration, 
 of time clause in a building contract 
 50 L.R.A.(N.S.) 501. 
 
 8. Sufficiency of. 
 
 9. Generally. 
 
 For secondary agreements, see supra, 7a. 
 Invalidity of consideration, see infra, IV. 
 For chattel mortgage, see CHATTEL MORT- 
 GAGES, 6. ( 
 For compromise, see COMPROMISE AND 
 
 SETTLEMENT, 4. 
 Compromise as consideration for promise, 
 
 see COMPROMISE AND SETTLEMENT, 5. 
 For deed, see DEEDS, 13. 
 For fraudulent conveyance, see FRAUDULENT 
 
 CONVEYANCES, 6. 
 For bona fide purchase of nonnegotiable 
 
 property, see SALE, 72. 
 Release as consideration, see Release, 5. 
 What consideration will make purchaser of 
 
 land a bona fide purchaser, see VENDOR 
 
 AND PURCHASER, 39. 
 
 For transfer by creditor in satisfaction of 
 
 debt. 36 L.R.A. 346. 
 For contract for permanent employment. 
 
 35 L.R.A. 515; 50 L.R.A. (N.S.) 455. 
 For gift of promissory note. 26 L.R.A. 
 
 306. 
 For contract to supply city with water. 61 
 
 L.R.A. 66. 
 For conveyance from husband to wife. 69 
 
 L.R.A. 368. 
 For bond to one spouse conditioned for 
 
 INDEX TO L.R.A. NOTES. 
 
 CONTRACTS, II. c, 3 cont'd 
 
 For contract limiting initial carrier's lia- 
 
 bility to its own line. 
 75. 
 
 31 L.R.A. (N.S.) 
 
 For assumption of debts on dissolution of 
 
 partnership. 9 L.R.A. (N.S.) 52, 80; 
 
 48 L.R.A. (N.S.) 547. 
 For promise to pay for securing release 
 
 from a unilateral contract. L.R.A. 
 
 1918F, 666. 
 For obligation given to make good depletion 
 
 of capital or assets of bank. L.R.A. 
 
 191 7B, 688. 
 Validity of agreement to transfer future 
 
 acquired property in consideration of 
 
 maintenance. 70 L.R.A. 485. 
 Release of promise to marry as considera- 
 
 tion for contract. 39 L.R.A. (N.S.) 650. 
 New promise as consideration when original 
 
 promise was illegal. 53 L.R.A. 370. 
 Will contract induced by a promise to fur- 
 
 nish a surety sustain a subsequent con- 
 
 tract of suretyship. 27 L.R.A. (N.S.) 
 
 189. 
 Mere forbearance to sue as consideration for 
 
 promise by a third person to pay an ex- 
 
 isting obligation. 19 L.R.A. (N.S.) 842. 
 Forbearance to sue or disclose defendant's 
 
 default as new consideration for gambl- 
 
 ing debt. 6 B. R. C. 995. 
 Cancelation of invalid contract as consid- 
 
 eration. 5 L.R.A. (N.S. ) 725. 
 Love and affection as consideration for ex- 
 
 ecutory promise to pay existing debt 
 
 of another. L.R.A.1918C, 543. 
 Promise of additional compensation for 
 
 completing an executory contract other 
 
 than a contract for the payment of 
 
 money. 11 L.R.A. (N.S.) 789; 28 
 
 L.R.A. (N.S.) 450. 
 Unlawfulness of consideration for contract 
 
 in business whicn it is a misdemeanor 
 
 to transact. 12 L.R.A. (N.S.) 593. 
 Sufficiency of consideration for contract re- 
 
 quiring servant to elect between ac- 
 
 ceptance of benefits out of a relief fund 
 
 and prosecution of his claims in an 
 
 action for damages. 11 L.R.A. (N.S.) 
 
 187; 48 L.R.A.(N.S.) 442. 
 Necessity in a complaint for specific per- 
 
 formance of alleging facts showing ade- 
 
 quacy of consideration. 19 L.R.A. 
 
 (N.S.) 178. 
 Agreement to pay interest on an obligation 
 
 for an indefinite period as consideration 
 
 for an agreement to release the prin- 
 
 cipal. L.R.A.1916C, 387. 
 Furnishing medical attention as a con- 
 
 sideration for release of liability for 
 
 personal injuries or death. 46 L.R.A. 
 
 (N.S.) 419. 
 Sufficiency of consideration received upon 
 
 disposal of municipal property. 43 
 
 L.R.A.(N.S.) 1137. 
 Consideration for subscription to charity. 
 
 48 L.R.A.(N.S.) 785. 
 Consideration for a subsequent agreement 
 
 extending time of payment. 
 
 52 L.R.A. 
 
 (N.S.) 331; L.R.A.1915B, 26. 
 
 maintenance of family relation or pro- Validity and enforceability of contract in 
 per conduct of other spouse. L.R.A. consideration of naming child. 51 
 
 1917D, 445. L.R.A.(N.S.) 1108. 
 
 Iti <iit> u Hit this !>,,,,!. on <?very law question.
 
 INDEX TO L.R.A. NOTES. 
 
 259 
 
 CONTRACTS, II. c, 3 cont'd 
 10. Pre-existing debt. 
 
 Pre-existing debt as consideration for bona 
 fide purchase of property not nego- 
 tiable, see SALE, 72. 
 
 Payment of existing debt as consideration. 
 34 L.R.A. 33. 
 
 Compliance with obligation to deliver pa- 
 pers or property. 34 L.R.A. 35. 
 
 Agreement to comply with lease. 34 L.R.A. 
 36. 
 
 Agreement to comply with marriage con- 
 tract. 34 L.R.A. 37. 
 
 Promise to do duty. 34 L.R.A. 37. 
 
 Cases to be distinguished. 34 L.R.A. 37. 
 
 Promise of additional compensation for 
 completing contract. 34 L.R.A. 38. 
 
 Promise to perform additional duty for 
 same consideration. 34 L.R.A. 42. 
 
 Promise by stranger to the contract. 34 
 L.R.A. 43; L.R.A.1917D, 1104; L.R.A. 
 1918E, 1008. 
 
 Pre-existing debt as consideration for chat- 
 tel mortgage as against other creditors 
 or equities. 33 L.R.A. 305. 
 
 As a sufficient consideration to give grantee 
 the status of a purchaser for value. 
 L.R.A.1918D, 568. 
 
 Discharge of antecedent debt as a considera- 
 tion sustaining one's character as a 
 bona fide purchaser or encumbrancer for 
 value entitled to protection of recording 
 acts. 27 L.R.A. (N.S.) 620; L.R.A. 
 1918C, 438. 
 
 May a corporation issue stocks or bonds 
 in payment of or as security for its 
 antecedent debts, under statutes pro- 
 hibiting the issue except for money, 
 labor done, or property actually re- 
 ceived. L.R.A.1916E, 570. 
 
 Parol evidence that consideration of deed 
 was payment of grantor's debts. 20 
 L.R.A. 103. 
 
 Promise to pay obligation as consideration 
 for agreement extending time for pay- 
 ment thereof. 52 L.R.A. (N.S.) 337. 
 
 Payment or promise to pay existing debt 
 as consideration for agreement extend- 
 ing time of payment of other debt. 52 
 L.R.A.(N.S.) 338. 
 
 12. payment of part of liquidated 
 and undisputed debt as considera- 
 tion for discharge of whole. 
 
 Generally. 11 L.R.A. (N.S.) 1018; 21 
 
 L.R.A. (N.S.) 1005; L.R.A.1917A, 719. 
 No conflict with rule relating to acceptance 
 
 of payment on condition. 11 L.R.A. 
 
 (N.S.) 1018. 
 Rule criticized and limited. 11 L.R.A. 
 
 (N.S.) 1019. 
 
 Rule repudiated. 11 L.R.A. (N.S.) 1020. 
 Statutory abrogation of rule. 11 L.R.A. 
 
 (N.S.) 1020. 
 Unliquidated or disputed questions. 11 
 
 L.R.A. (N.S.) 1021. 
 Payment of conceded part of claim. 11 
 
 L.R.A.(N.S.) 1022. 
 
 Payment less interest. L.R.A.1917A, 723. | 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, II. c, 3 cont'd 
 Composition agreements. 11 L.R.A. (N.S.) 
 
 1024. 
 Payment by third person; borrowing. 11 
 
 L.R.A.(N.S) 1024: L.R.A.1917A, 724. 
 Effect of insolvency. 11 L.R.A. (N.S.) 1024; 
 
 L.R.A.1917A, 722. 
 
 Giving security or applying exempt prop- 
 erty. 11 L.R.A. (N.S.) 1025. 
 Giving debtor's own negotiable paper. 1 1 
 
 L.R.A.(N.S.) 1026; L.R.A.1917A, 722. 
 Payment before maturity. 11 L.R.A. (N.S.) 
 
 102&; L.R.A.1917A, 724. 
 Payment at different place. L.R.A. 1917A, 
 
 724. 
 Surrender of bill or note. 11 L.R.A. (N.S.) 
 
 1026. 
 Formal release under seal or in writing. 11 
 
 L.R.A.(N.S.) 1026; L.R.A.1917A, 724. 
 Payment in property. 11 L.R.A. (N.S.) 
 
 1027; L.R.A.1917A, 723. 
 Miscellaneous exceptions. 11 L.R.A. (N.S.) 
 
 1027. 
 
 13. Moral obligation. 
 
 For new promise after discharge in bank- 
 ruptcy, see BANKRUPTCY, 36. 
 
 For new promise after bar of limitations, 
 see LIMITATION OP ACTIONS, 68-71. 
 
 In general. 53 L.R.A. 353; 26 L.R.A. (N.S.) 
 
 520. 
 History and abstract statement of doctrine. 
 
 53 L.R.A. 353. 
 
 Moral obligation unconnected with material 
 or pecuniary benefit to promisor. 20 
 L.R.A.(N.S.') 520. 
 
 Moral obligation arising from former legal 
 liability no longer enforceable. 26 
 L.R.A. (N.S.) 522. 
 
 Moral obligation arising from receipt of ma- 
 terial or pecuniary benefit without 
 any original legal liability. 26 
 L.R.A. (N.S.) 524. 
 
 When original contract was void under 
 statute of frauds. 53 L.R.A. 370; 
 26 L.R.A.(N.S.) 524. 
 Promise to pay for past support of relative. 
 
 53 L.R.A. 305; 26 L.R.A. (N.S.) 520. 
 Cohabitation. 53 L.R.A. 357; 26 L.R.A. 
 
 (N.S.) 520. 
 Promise to pay for past support of pauper. 
 
 53 L.R.A. 358; 26 L.R.A. (N.S.) 520. 
 Promise to remedy mistake or hardship or 
 to supplement past agreement. 53 
 L.R.A. 358; 26 L.R.A. (N.S.) 523. 
 New promise after discharge by operation 
 of law. (Restrictive). 53 L.R.A. 362. 
 New promise after voluntary discharge. 
 
 53 L.R.A. 363. 
 
 New promise after majority. 53 L.R.A. 36,). 
 New promise to be party to negotiable 
 
 paper. 53 L.R.A. 365. 
 New promise after judgment. 53 L.R.A. 
 
 365. 
 
 New promise after discoverture. 53 L.R.A. 
 366; 7 L.R.A. (N.S.) 1053; 33 L.R.A. 
 (N.S.) 741. 
 iPast legal consideration. 53 L.R.A. 371; 
 
 26 L.R.A.(N.S.) 526.
 
 '280 
 
 1NDKX TO L.R.A. NOTES. 
 
 (u.VIR.UTS, II. c, 3 cont'd 
 
 - moral obligation arising from relation- 
 ship atl'ord a sullicient consideration to 
 Mipport a promis'e to become responsi- 
 ble for another's debt. 3 L.R.A.fN.S.i 
 4:<i. 
 
 Consideration for note or obligation given 
 by attorney or agent to cover loss on 
 transactions conducted by him for prin- 
 cipal. L.R.A.1917B, 696. 
 
 Validity of husband's express promise to 
 
 pay debt contracted by wife. 7 L.R.A. 
 
 (N.S.) 1048. 
 
 ~ II. I. n i -i -i of Inadequacy. 
 
 Refusal of specific performance of contract 
 to convey property because of in- 
 adequacy of consideration. 14 L.R.A. 
 I. N.S.) 317. 
 
 Precedence as between conveyance of land 
 for nominal or inadequate considera- 
 tion and senior unrecorded conveyance. 
 16 L.R.A.(N.S.) 1073. 
 
 Inadequacy of consideration for sale of ex- 
 pectancy by prospective heir. 33 L.R.A. 
 275, 281. 
 
 Cancelation of a deed for inadequacy of con- 
 sideration. L.R.A.1916D, 382. 
 
 Effect of inadequacy of consideration on 
 remedy by injunction to restrain viola- 
 tion of agreement not to practice medi- 
 cine or surgerv within a certain terri- 
 tory. L.R.A. 1915B, 210. 
 
 On validity of agreement in restraint of 
 trade, ancillary to sale of business or 
 profession. 24 L.R.A. (N.S.) 926; 
 L.R.A.1916C, 627. 
 
 4. Failure of. 
 
 15. Generally. 
 
 Failure of, as defense to action on note, see 
 BILLS AND NOTES, 66. 
 
 As ground for relief of grantor in con- 
 veyance in consideration of agreement 
 to support, which is broken by grantee. 
 43 L.R.A. (N.S.) 926; L.R.A.1917D, 627. 
 
 Right of alleged fraudulent grantee to show 
 failure of consideration of contract on 
 which judgment against grantor was 
 based. 67 L.R.A. 603. 
 
 As defense to action for assessment by mu- 
 tual fire insurance companies. 32 
 L.R.A. 492. 
 
 As ground for injunction against judg- 
 ment. 31 L.R.A. 747. 
 
 Right of grantee in possession to question 
 grantor's right to collect purchase 
 money on failure of consideration. 21 
 L.R.A. (N.S.) 363. 
 
 Failure of employer to fulfill stipulations 
 which were the consideration of a re- 
 lease by the servant from liability for 
 injuries received. 11 L.R.A. (N.S.)*201 
 48 L.R.A.(N.S.) 440. 
 
 3. Return of. 
 
 16. Generally. 
 
 Return of, as prerequisite to rescission, see 
 . infra, 156. 
 
 in n-ith this booh on every law question. 
 
 CONTRACTS, II. c, 5 cont'd 
 
 Necessity for returning before bringing re- 
 plevin for property obtained by fraud- 
 ulent purchase. 2*1 L.R.A. 206. 
 
 Return of consideration as condition of de- 
 fending against contract because made 
 on Sunday. 5 L.R.A. (N.S.) 295. 
 
 Necessity for returning, in order to disaf- 
 firm infant's contract. 26 L.R.A. 177. 
 
 6. Proof of; recitals as fo. 
 
 17. Generally. 
 
 Burden of proof as to, for transfer by hus- 
 band to wife. 56 L.R.A. 828. 
 
 d. Mutuality. 
 
 18. Generally. 
 
 Of automobile distribution contract, see At - 
 TOMOBILES, 11. 
 
 Lack of mutuality as affecting right to 
 specific performance, see SPECIFIC PER- 
 FORMANCE, 21, 22. 
 
 Privity of contract, see PRIVITY. 
 
 Unilateral contracts against employees en- 
 tering service of rival. 31 L.R.A. (N.S.) 
 253. 
 
 Surrender clause in oil or gas lease as ren- 
 dering it unilateral. L.R.A.1917B, 
 1206. 
 
 Mutuality of contract for permanent em- 
 ployment. 35 L.R.A. 515; 50 L.R.A. 
 (N.S.) 455. 
 
 Effect upon servant's rights of master's 
 contract with third person exempting 
 latter from liability to servants. 46 
 L.R.A. 54. 
 
 Mutuality of obligation where one party's 
 obligation is not definite and certain. 
 1 L.R.A.(N.S.) 445. 
 
 Mutuality of accepted proposition to furnish 
 such material as one needs in his busi- 
 ness. 11 L.R.A.(N.S.) 713: 43 L.R.A. 
 (N.S.) 730; L.R.A.1918E. 296. 
 
 Mutuality of contract giving real-estate 
 broker exclusive authority to sell, or 
 promising him commissions in case of 
 sale by anyone else but which does not 
 in terms impose any obligation upon 
 him. 19 L.R.A.(N.S.) 596: L.R.A. 
 1917E, 1040. 
 
 Mutuality of contract of employment which 
 by its terms is binding upon only one 
 of the parties for the time designated. 
 20 L.R.A.(N.S.) 899. 
 
 Effect of partial performance of contract to 
 obviate lack of mutuality. 8 L.R.A. 
 (N.S.) 433. 
 
 Mutuality of contract to furnish cars to 
 shipper. 13 L.R.A. (N.S.) 164. 
 
 Mutuality as consideration for secondary 
 contracts. L.R.A.1915B, 15. 
 
 e. Meeting of mind's; deflniteness. 
 19. Generally. 
 
 Necessity of meeting of minds as to price 
 in contract for sale of personalty. 
 32 L.R.A. (N.S.) 429.
 
 INDEX TO L.R.A. NOTES. 
 
 261 
 
 CONTRACTS, II. e cont'd 
 
 Accepting bid with knowledge of mistake 
 as to subject-matter. 43 L.R.A. (N.S.) 
 654. 
 
 What misrepresentations as to the con- 
 . tents of an instrument will render it 
 void in law. 4 B. R. C. 663. 
 
 Right to avoid contract because of mis- 
 take as to identity of other party 
 thereto. L.R.A. 1916D, 801. 
 
 20. Defiiiiteiiess; certainty. 
 
 Of automobile distribution contract, see AU- 
 TOMOBILES, 11. 
 
 Indefiniteness as affecting specific perform- 
 ance, see SPECIFIC PERFORMANCE, 23. 
 
 Indefiniteness and uncertainty of contract 
 
 for permanent employment. 35 L.R.A. 
 
 515; 50 L.R.A. (N.S.) 454. 
 Validity of contract of employment indef- 
 inite and uncertain as to kind of 
 employment or amount of remu- 
 neration. 48 L.R.A. (N.S.) 435. 
 Uncertainty of contract in consideration 
 
 of naming child. 51 L.R.A. (N.S.) 1110. 
 Validity of purchase of indefinite quantity. 
 
 15 L.R.A. 218. 
 Mutuality of obligation where one party's 
 
 obligation is not definite and certain. 
 
 1 L.R.A. (N.S.) 445. 
 Validity and effect of stipulation in contract 
 
 to renew on terms to be agreed upon. 
 
 32 L.R.A. (N.S.) 201. 
 
 21. effect of leaving price indef- 
 inite. 
 
 Total absence of price. 53 L.R.A. 289. 
 Option between different amounts. 53 
 
 L.R.A. 292. 
 Price dependent on contingencv. 53 L.R.A. 
 
 293. 
 When price definite or certain. 53 L.R.A. 
 
 295. 
 
 Executed contract: value instead of price. 
 53 L.R.A. 299. 
 
 22. Offers and their acceptance or 
 withdrawal. 
 
 Without execution of contemplated formal 
 instrument, see infra, 29. 
 
 Adoption of resolution by public corpora- 
 tion, as initiating or consummating a 
 contract, 49 L.R.A. (N.S.) 380. 
 
 Naming price as an offer to sell. L.R.A. 
 1915P, 824; 3 B. R. C. 229. 
 
 Illustrations of the distinction between a 
 definite proposal or acceptance, and a 
 mere preliminary step in the negotia- 
 tion of a contract. 4 L.R.A. (N.S.) 177. 
 
 Right to accept offer after submitting coun- 
 ter proposition. L.R.A. 1915D, 145. 
 
 Admissibility of parol evidence to vary a 
 M'ritten option contract in favor of or 
 against a stranger to the contract. 
 L.R.A.1916A, 600, 611. 
 
 Time and place of consummation of contract 
 when offer by letter accepted by tele- 
 gram, or vice versa. 6 L.R.A. (N.S.) 
 1016; L.R.A.1916A, 1302. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, II. e cont'd 
 
 Effect of death of party after the mailing, 
 but before the receipt, of his letter ac- 
 cepting an offer. 12 L.R.A. (N.S.) 439. 
 
 Right to withdraw order given agent before 
 acceptance by principal. 10 L.R.A. 
 (N.S.) 1138. 
 
 Liability of telegraph company for failure 
 properly to transmit or deliver a mes- 
 sage pertaining to negotiation for, or 
 offer of a contract. 42 L.R.A. (N.S.) 
 419. 
 
 23. rights conferred by "refusal" 
 or "option." 
 
 As to options generally, see OPTION. 
 Option for sale of personalty, see SALE, 41. 
 Option for sale of real estate, see VENDOR 
 AND PURCHASER, 4. 
 
 Insurable interest of holder of option on 
 property. L.R.A.1918A, 393. 
 
 Rights conferred by a "refusal" or "option." 
 21 L.R.A. 127. 
 
 Time for exercising option reserved in con- 
 tract of sale to return or resell prop^ 
 erty. 50 L.R.A. (N.S.) 594. 
 
 /. Capacity to malte. 
 
 24. Generally. 
 
 Contracts by intoxicated persons, see 
 DRUNKENNESS, 3, 4. 
 
 Contract by married woman, see HUSBAND 
 AND WIFE, 15-19. 
 
 Contracts by incompetent persons general- 
 ly, see INCOMPETENT PERSONS, 8-10. 
 
 Contracts by infants, see INFANTS, 16-23. 
 
 Capacity of parties to marriage, see MAR- 
 RIAGE, 8-13. 
 
 Capacity of convict to contract. 52 L.R.A. 
 (N.S.) 320. 
 
 Power of consul as to. 45 L.R.A. 500. 
 
 Morphinism as affecting capacity to .con- 
 tract. 39 L.R.A. 262. 
 
 Ability to contract as affecting testamen- 
 tary capacity. 27 L.R.A. (N.S.) 63; 
 L.R.A.1915A, 457. 
 
 g. Formal requisites; statute of frauds. 
 1. In general. 
 
 25. Generally. 
 
 Of contract by corporation, see CORPORA- 
 TIONS, 32. 
 
 Conflict of laws as to statute of frauds, see 
 CONFLICT OF LAWS, 42. 
 
 Parol evidence to vary or contradict con- 
 tract, see EVIDENCE, VII. 
 
 Use of statue of frauds as protection to 
 fraud, see FRAUD AND DECEIT, 2. 
 
 Effect of statutes of frauds on antenuptial 
 contract, see HUSBAND AND WIFE, 56. 
 
 Oral purchase by agent in his own name, 
 see PRINCIPAL AND AGENT, 35. 
 
 Oral contracts for work and labor, see 
 WORK AND LABOR, 3. 
 
 Specific performance of oral contract, see 
 SPECIFIC PERFORMANCE, 11-13. 
 
 Parol trusts, see TRUSTS, 11.
 
 202 
 
 INDEX TO L.R.A. NOTES. 
 
 CONTRACTS, II. g, 1 cont'd 
 
 Ntvrssitv <>i |>lc:uliii<_' statute of frauds. 
 lit Lli.A.iN.S.) 1. 
 
 May Statute of Frauds be raised for first 
 * time on appeal where under the plead- 
 ings it might have been raised below. 
 L.R.A.1917B, 1071. 
 
 Effect of statute of frauds upon the pow- 
 er of equity to reform a contract. 
 L.R.A.1917A, 571. 
 
 Who is bona fide purchaser within statute. 
 31 L.R.A. 012. 
 
 New promise as consideration when original 
 promise was in violation of statute of 
 frauds. 53 L.R.A. 370; 20 L.R.A. 
 (N.S.) 524. 
 
 Right of defendant in action for conversion 
 to impeach plaintiff's title as being 
 based upon a contract void under the 
 statute of frauds. 2 B. R. C. 733. 
 
 Oral agreement to waive statute of limita- 
 tions. 63 L.R.A. 195. 
 
 Admissibility of evidence of custom to cre- 
 ate an exception to written contract. 
 3 L.R.A.(N.S.) 248. 
 
 Federal courts following state decisions as 
 to construction and effect of statute of 
 frauds. 40 L.R.A.(N.S.) 421. 
 
 Oral submissions to arbitration and awards. 
 47 L.R.A.(N.S.) 346. 
 
 Statute of frauds as defense to action to 
 recover subscription for charity. 48 
 L,R.A.(N.S.) 813. 
 
 Agreement void under statute of frauds as 
 consideration for agreement extending 
 time of payment. 52 L.R.A. (N.S.) 
 341. 
 
 Consideration for oral secondary contracts 
 abrogating or altering prior contract. 
 L.R.A.11915B, 37. 
 
 Right of creditors to avoid debtor's con- 
 tracts or conveyances upon the ground 
 of the statute of frauds. L.R.A.1916D, 
 . 1213. 
 
 Necessity that waiver or tolling of statute 
 of limitations or nonclaim by personal 
 representative as to indebtedness of the 
 estate should be in writing. L.R.A. 
 1915B, 1046. 
 
 Contract in consideration of naming child 
 51 L.R.A. (N.S.) 1108. 
 
 26. What forms part of contract. 
 
 Matter following signature as part of con- 
 tract. 5 L.R.A. (N.S.) 436. 
 
 Memorandum on back of note at time of 
 execution as substantive part thereof. 
 15 L.RJUN.S.) 612. 
 
 Effect of party's ignorance of contents of 
 extraneous paper upon attempt to in- 
 corporate it into contract by reference. 
 TO L.R.A. 106. 
 
 26a. Character in which party signs. 
 Character of party to note, see BILLS AND 
 NOTES, 15. 
 
 Personal liability of one who signs contract 
 by adding words indicating represent- 
 ative capacity to his signature. 42 
 
 CONTRACTS, II. g, 1 cont'd 
 
 27. Effect of omitting revenue stamp. 
 
 See INTERNAL REVENUE, 2. 
 
 28. Conditional execution. 
 
 Under parol agreement that contract shall 
 not take effect until others have 
 signed it. 45 L.R.A. 321. 
 
 29. Offer and acceptance without 
 execution of contemplated formal 
 instrument. 
 
 Sufficiency of, as contract. 29 L.R.A. 431. 
 
 Offer by purchaser to sell property to a 
 third person as acceptance which will 
 satisfy statute of frauds. 36 L.R.A. 
 (N.S.) 76. 
 
 30. Parol modification of contract. 
 
 Parol evidence as to modification, see EVI- 
 DENCE, 164. 
 
 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 writing. L.R.A. 
 1917B, 144. 
 
 Statute of frauds as affecting right to re- 
 lief from mistake of law as to effect 
 of instrument. 28 L.R.A.(N.S.) 876. 
 
 31. As to liability of initial carrier. 
 
 Oral contract extending initial carrier's 
 undertaking beyond its own line. 31 
 L.R.A.(N.S.) 32. 
 
 Oral contracts limiting initial carrier's un- 
 dertaking to its own line. 31 L.R.A. 
 (N.S.) 64. 
 
 3 la. As to insurance matters. 
 
 Validity of oral insurance contract. 22 
 L.R.A. 768. 
 
 Requisites of present oral contract of in- 
 surance. 5 L.R.A. (N.S.) 407. 
 
 Power of agents to bind insurer by oral 
 waiver or estoppel in pais as to for- 
 feitures occurring after issuance of 
 policy and before loss under policies 
 of insurance requiring consent or 
 waiver to be in writing. 10 L.R.A. 
 (N.S.) 1064. 
 
 32. As to commercial paper. 
 
 Validity of parol promise to accept an or- 
 der or bill of exchange. 26 L.R.A. 620. 
 
 Validity of promissory note given as a for- 
 feit or as collateral to an invalid oral 
 agreement within the statute of frauds. 
 18 L.R.A. 142. 
 
 Statute of frauds as affecting accommoda- 
 tion indorser. 28 L.R.A.(N.S.) 1045. 
 
 Necessity for writing to support failure to 
 give notice of dishonor or subsequent 
 promise by indorser. 29 L.R.A. 315. 
 
 Contemporaneous parol agreements as de- 
 fense to note. 43 L.R.A. 449. 
 
 33. Agreement to give property by 
 
 will. 
 
 Will as part performance. 
 u-it h fMt book on every lau' question. 
 
 14 L.R.A. 863.
 
 INDEX TO L.R.A. NOTES. 
 
 263 
 
 CONTRACTS, II. g, 1 cont'd 
 
 Right to recover for services rendered be- 
 yond statutory period of limitations on 
 breach of parol contract to make pro- 
 vision by will. 6 L.R.A.(N.S.) 703. 
 
 Right to recover value of services rendered 
 in consideration of contract to convey 
 or devise property, which is void by the 
 statute of frauds. 37 L.R.A. (N.S.) 
 639. 
 
 2. Contracts relating to personalty. 
 
 34. Generally. 
 
 Sufficiency of writing as to, see infra, 
 
 50-54. 
 Part performance of contract, see infra, 
 
 56, 57. 
 Parol trusts in personalty, see TRUSTS, 11. 
 
 Receipt by carrier to satisfy statute. 22 
 L.R.A. 426. 
 
 Validity of verbal chattel mortgage. 7 
 L.R.A.(N.S.) 418. 
 
 Necessity of writing to make binding a 
 commission to purchase personal prop- 
 erty. 11 L.R.A. (N.S.) 650. 
 
 35. Contracts of sale. 
 
 Sale of growing crops, see infra, 44. 
 
 Part performance of contract, see infra, 
 55-57. 
 
 Transfer of corporate stock, see CORPORA- 
 TIONS, 88. 
 
 Contract to transfer personal property in 
 consideration of services, as affected 
 by statute of frauds relating to con- 
 tracts for the sale of goods, etc. 16 
 L.R.A.(N.S.) 381. 
 
 Right to show parol warranty in connec- 
 tion with a contract of sale of per- 
 sonalty. 19 L.R.A. (N.S.) 1383. 
 
 Necessity of writing to make binding com- 
 mission to purchase personal property. 
 11 L.R.A.(N.S.) 650. 
 
 Who may enforce contract for sale of goods 
 where only one party signed contract. 
 28 L.R.A."(N.S.) 694; 43 L.R.A. (N.S.) 
 410. 
 
 Conflict of laws as to sales of intoxicating 
 liquor. 61 L.R.A. 422. 
 
 35a. Contracts for work and labor. 
 
 Oral contract to manufacture, see MANU- 
 FACTURE, 2. 
 
 Contract for manufacture as affected by 
 statute of frauds. 14 L.R.A. 232. 
 
 36. Distinction between sales and 
 contracts for work and labor. 
 
 In general. 14 L.R.A. 230; 30 L.R.A. (N.S.) 
 ' 319; 43 L.R.A. (N.S.) 97. 
 
 Tests and rules. ]4 L.R.A. 230. 
 
 Special orders. 14 L.R.A. 231; 30 L.R.A. 
 (N.S.) 320; 43 L.R.A. (N.S.) 97. 
 
 Manufacture of ordinary articles not ac- 
 cording to special directions. 14 L.R.A. 
 232. 
 
 Finishing articles already in existence. 14 
 L.R.A. 233. 
 
 Consul! also T^.K.A. Digests of Cases. 
 
 CONTRACTS, II. g, 2 cont'd 
 
 For crops to be raised. 14 L.R.A. 233: 30 
 
 L.R.A. (N.S.) 323. 
 For timber to be cut or for logs. 14 L.R.A. 
 
 233; 30 L.R.A. (N.S.) 324. 
 
 3. Contracts to ansiver for debt or de- 
 
 fault of another. 
 
 37. Generally. 
 
 Promise to pay third person. 25 L.R.A. 
 264. 
 
 Guaranty of contract of a person under dis- 
 ability. 33 L.R.A. 359. 
 
 Contracts between sureties to fix their 
 shares of liability. 39 L.R.A. 378. 
 
 Statute of frauds as affecting parol viola- 
 tions of collateral contract. 28 L.R.A. 
 (N.S.) 882. 
 
 Is agreement by vendee to pay encum- 
 brance within statute of frauds as 
 promise to answer for the debt of an- 
 other. 15 L.R.A. (N.S.) 1087. 
 
 Statute of frauds as affecting right to as- 
 sume debts on dissolution of partner- 
 ship. 9 L.R.A.(N.S.) 54; 48 L.R.A. 
 (N.S.) 548. 
 
 Applicability of statute requiring that rep- 
 resentations as to another's credit 
 must be in writing in order to sustain 
 an action. 33 L.R.A. (N.S.) 212. 
 
 Contemporary promise of one person to pav 
 where benefit inures to another as 
 a promise to answer for default of 
 another within statute of frauds. 
 15 L.R.A.(N.S.) 214; 32 L.R.A. 
 (N.S.) 598. 
 
 Is oral promise to pay another's pre-exist- 
 ing debt made in order to secure 
 benefit to promisor without releas- 
 ing original debtor within statute- 
 of frauds. 22 L.R.A. (N.S.) 1077: 
 40 L.R.A.(N.S.) 242. 
 
 Love and affection as consideration for ex- 
 ecutory promise to pay existing debt of 
 another. L.R.A.1918C, 543. 
 
 Subscribing one's name under word "surety" 
 in written contract as satisfying stat- 
 ute of frauds. 23 L.R.A. (N.S.) 1197. 
 
 Agreement of shareholder to become re- 
 sponsible for amount of company's 
 debt, as a "promise to answer for tin- 
 debt of another.'' 3 B. R. C. (ill. 
 
 Language used by owner or other person 
 interested in construction of building, 
 importing a promise to pay a subcon- 
 tractor, materialman, or employee of 
 contractor, as a promise to answer for 
 the debt or default of another. 5 B 
 R. C. 96. 
 
 4. Contracts not to be performed ivitli- 
 
 in a year. 
 
 38. Generally. 
 
 Lease for more than a year, see infra, 42. 
 Parol lease for a year to commence in 
 
 future. 49 L.R.A. (N.S.) 820. 
 Oral agreement between landlord and tenant 
 
 while in possession under an existing 
 
 lease for a tenancy in future. L.R.A. 
 
 1919B, 101.
 
 204 
 
 INDEX TO L.R.A. NOTES. 
 
 CONTRACTS, II. g, 4 cont'd 
 
 < ontracts for permanent employment. 35 
 
 I..K.A. 514; 50 L.R.A.(N.S.) 4r.4. 
 Vali.lity of oral contract for a year's serv- 
 
 lea to commence in fiititro. 2 L.R.A. 
 
 X.S.) 738. 
 Promise of marriage. L.R.A.1915D, 1190. 
 
 89. Contracts for services which 
 
 but are not intended to, be per- 
 formed within a year. 
 
 In general. 15 L.R.A. (N.S.) 313. 
 
 Relating to lumber and timber. 15 L.R.A. 
 (X.S.) 313. 
 
 For railroad privileges. 15 L.R.A. (N.S.) 
 315. 
 
 Building and fencing contracts. 15 L.R.A. 
 (N.S.) 316. 
 
 Sharing profits. 15 L.R.A. (N.S.) 317. 
 
 Farming contracts. 15 L.R.A. (N.S.) 318. 
 
 Contracts relating to minors. 15 L.R.A. 
 (X.S.) 318. 
 
 Contracts of employment. 15 L.R.A. (N.S.) 
 321; 50 L.R.A". (N.S.) 454. 
 
 Contracts to support for life. 15 L.R.A. 
 (N.S.) 330; L.R.A.1915E, 563. 
 
 Effect of part performance. L.R.A.1916D, 
 884. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed with- 
 in a year. L.R.A.1916D, 895. 
 
 5. Contracts as to realty. 
 
 40. Generally. 
 
 Contract to devise real property, see supra, 
 33. 
 
 Contracts as to, not to be performed within 
 a year, see supra. 38, 39. 
 
 Sufficiency of writing as to, see infra, 
 50-54. 
 
 Part performance of contract as to, see in- 
 fra, 58, 59. 
 
 Parol trusts, see TRUSTS, 11. 
 
 Specific performance of verbal contract, see 
 SPECIFIC PERFORMANCE, 11-13. 
 
 CONTRACTS, II. g, 5 cont'd 
 
 Parol agreement to take title to real prop- 
 erty, sell the same, and divide the 
 proceeds, as affected by the stat- 
 ute of frauds. 8 L.R.A.(N.S.) 
 1137: 20 L.R.A. (N.S.) 298: 42 
 L.R.A.(N.S.) 1160. 
 
 Void parol conveyance of easement as foun- 
 dation for easement by prescription. 13 
 L.R.A. (N.S.) 991. 
 
 Rights in respect to compensation for im- 
 provements on land made in good faith 
 under an oral contract or gift. 53 
 L.R.A. 337. 
 
 Effect of fact that agreement is oral on 
 question of undue influence in convey- 
 ance or transfer of property in consid- 
 eration of support of the grantor or a 
 third person. 52 L.R.A. (N.S.) 481. 
 
 Actions or suits in which equitable estoppel 
 involving title or interest in real prop- 
 erty is available. 49 L.R.A. (N.S. ) 77.~i. 
 
 Estoppel against assertion of title or in- 
 terest in real property by concealing 
 the same or representing it to be in 
 another as affected by the statute of 
 frauds. 48 L.R.A. (N.S.) 775. 
 
 Oral building restrictions as to parcels re- 
 
 tained by grantor. 
 963. 
 
 45 L.R.A. (X.S. i 
 
 Right of vendee to recover back payments 
 made upon a contract for the purchase 
 of land which does not satisfy the 
 statute of frauds. L.R.A.1916D, 4(iS. 
 
 Liability of purchaser who takes possession 
 under parol contract of sale in action 
 for rents or for use and occupation 
 where vendor refuses to perform. 
 L.R.A.1915E, 405. 
 
 Degree of proof necessary to establish 
 parol gift of real estate. 9 L.R.A. 
 (N.S.) 508. 
 
 Measure of damages, for breach of oral 
 contract to convey realty. 2 L.R.A. 
 (N.S.) 713. 
 
 41. Partnership. 
 
 Effect of statute upon partnership lands. 
 27 L.R.A. 477. 
 
 v ., , , ,. Applicability of statute of frauds to part- 
 
 Necessity of pleading the statute of frauds | H nh * S - 
 
 in action on land contract. 
 ( N S 
 
 49 L.R.A. 
 
 nershi p real estate. 37 L.R.A. (X.S. - 
 
 TM , ! Validity of parol partnership for dealing in 
 
 Transaction between h ei r and ancestor re- . lands ^ L A U5 \ L.R.A. ( N.S. , 
 
 lating to expectancy. 32 L.R.A. 597. 427; 33 L . R . A . ( x. S :) 883: L.R.A. 
 
 Right to compensation for improvements on 
 land, made in good faith under oral 
 contract or gift. 53 L.R.A. 337. 
 
 Parol agreement to construct private way 
 across railroad. 17 L.R.A. (N.S.) 702; 
 24 L.R.A. (N.S.) 375. 
 
 Validity of award under parol submission 
 involving title to real property. 22 
 L.R.A. (N.S.) 716. 
 
 Right of a purchaser of real estate to rely 
 on the statute of frauds against con- 
 tract by his vendor with a third per- 
 son. 40 L.R.A. (N.S.) 883. 
 
 Validity of oral agreement to share contract 
 for purchase of land. 3 L.R.A. (N.S.) 
 1 47. 
 
 irith tiiix hnnL- n evert/ lau- question. 
 
 191 5A, 521. 
 Agreement to share real property in pay- 
 ment for services as within the statute 
 of frauds. 41 L.R.A. (N.S.) 184. 
 
 42. Leases. 
 
 Effect of part performance, see infra, 58. 
 Compensation when lease is invalid under 
 
 statute of frauds, see LANDLORD AND 
 
 TENANT, 82. 
 
 Parol lease for a year to commence in 
 future. 49 L.R.A. (N.S.) 820. 
 
 Oral agreement between landlord and tenant 
 while in possession under an existing 
 lease for a tenancy for future. L.R.A. 
 1918B, 101.
 
 INDEX TO L.R.A. NOTES. 
 
 265 
 
 CONTRACTS, II. g, 5 cont'd 
 Assignment of lease. 15 L.R.A. 754. 
 Insurable interest of tenant in leased prop- 
 erty under parol agreement. 42 L.R.A. 
 (N.S.) 135. 
 
 43. Sale of timber. 
 
 Validity of oral sale of standing timber. 
 19 L.R.A. 721. 
 
 Effect of oral contract to cut standing 
 timber to pass title to the same. 47 
 L.R.A. (N.S.) 877. 
 
 Contract for timber to be sawed as a sale 
 within the statute of frauds. 14 
 L.R.A. 233; 30 L.R.A. (N.S.) 324. 
 
 Purchase of standing timber as a purchase 
 of realty. 13 L.R.A. (N.S.) 278. 
 
 Kffect of statute of frauds on parol con- 
 tracts relating to, which may, but are 
 not intended to, be performed within 
 a year. 35 L.R.A. (N.S.) 313. 
 
 Agreement for, as a contract for work and 
 labor or a contract of sale within stat- 
 ute of frauds. 30 L.R.A. (N.S.) 324. 
 
 44. Sale of or agreement as to crops. 
 
 Sale or mortgage of crops. L.R.A. 1917C, 
 
 20. 
 
 Must a contract for the sale of growing 
 crops or a reservation of the same 
 by the grantor in deed be in writ- 
 ing? 23 L.R.A.(N.S.) 1238. 
 Agreement for as a contract for work and 
 labor or a contract of sale within stat- 
 ute of frauds. 30 L.R.A. (N.S.) 323. 
 
 45. Agreement as to fences. 
 
 Validity of oral agreement as to erection 
 or maintenance of fences. 27 
 L.R.A. (N.S.) 226, 
 
 Effect of statute of frauds on parol fencing 
 contract which may, but is not in- 
 tended to, be performed within a year. 
 15 L.R.A. (N.S.) 316. 
 
 46. Broker's contract with princi- 
 pal. 
 
 Contract by real estate broker to find pur- 
 chaser or effect exchange of principal's 
 property. 44 L.R.A. 601. 
 
 Power of legislature to require contracts 
 for commissions for finding a pur- 
 chaser for real estate to be in writing. 
 33 L.R.A. (N.S.) 973. 
 
 Power of legislature to prohibit offering of 
 another's real estate for sale without 
 written authority. 12 L.R.A. (N.S.) 
 707. 
 
 Necessity that authority of agent to pur- 
 chase or sell real property be in writ- 
 ing to enable him to recover compen- 
 sation for his services. 9 L.R.A. (N.S.) 
 933. 
 
 Ratification of agent's unauthorized con- 
 tract for purchase or sale of real prop- 
 erty as affected by statute of frauds. 
 38 L.R.A. (N.S.) 783. 
 
 New promise based on previous oral con- 
 tract. 26 L.R.A. (N.S.) 524. 
 
 Consult also I..R.A. THfiests of Cases. 
 
 CONTRACTS, II. g, 5 cont'd 
 47. Broker's contract with purchas- 
 er. 
 
 Necessity of securing written contract from 
 purchaser to entitle real estate broker 
 to commission. 46 L.R.A.(N.S.) 129. 
 
 Written authority to agent to contract for 
 sale of property as dispensing with ne- 
 cessity that contract of sale itself be 
 in writing. 28 L.R.A. (N.S.) 738. 
 
 Written authorization of broker or agent 
 to buy or sell land as a memorandum 
 of contract of sale sufficient to satisfy 
 the statute of frauds. L.R.A.1915C, 
 400. 
 
 Principal's default in entering into or car* 
 rying out oral contract with purchaser 
 as affecting broker's right to commis- 
 sions. 43 L.R.A. 599. 
 
 Parol evidence that one of the persons who 
 signed an instrument relating to real 
 property was agent for an undisclosed 
 principal. 24 L.R.A. (N.S.) 315. 
 
 Ratification of agent's unauthorized con- 
 tract for the purchase or sale of 
 real property as affected by the 
 statute of frauds. 38 L.R.A. (N.S.) 
 783. 
 
 48. Contract to purchase land in 
 name of another. 
 
 Statute of frauds as affecting legal remedy 
 for breach of contract to purchase land 
 for and in the name of another. 5 
 L.R.A. (N.S.) 123. 
 
 Statute of frauds as affecting right to equi- 
 table relief against one who has pur- 
 chased land in his own name, in viola- 
 tion of his agreement to purchase it for 
 and in the name of another. 5 L.R.A. 
 (N.S.) 112. 
 
 49. Assignment of interest in land 
 contract. 
 
 Validity of oral agreement to assume or as- 
 sign land contract. 3 L.R.A. (N.S.) 
 147. 
 
 Applicability of statute of frauds to assign- 
 ment or surrender of purchaser's inter- 
 est under land contract. 19 L.R.A. 
 (N.-S.) 879. 
 
 Printed or stamped signature. 37 L.R.A. 
 (N.S.) 352. 
 
 6. Sufficiency of ivriting. 
 
 50. Generally. 
 
 Telegrams as writings to make a contract 
 within the statute of frauds. 50 
 L.R.A. 240. 
 
 Subscribing one's name under word "sure- 
 ty" in written contract as satisfying 
 statute of frauds. 23 L.R.A. (N.S.) 
 1197. 
 
 51. Sufficiency of description. 
 
 Description of property by local appella- 
 tion. 36 L.R.A. (N.S.) 154. 
 
 Description of land in contract by reference 
 to street number. L.R.A.1918C, 520.
 
 260 
 
 INDKX TO L.K.A. iXOTES. 
 
 CONTRACTS, II. g, 6 cont'd 
 
 Suiliciency of description in land contract 
 which gives right to select particular 
 tract to be conveyed. 34 L.R.A.(N.S.) 
 147. 
 
 Description of property by ownership or 
 acreage \\itliout other particular de- 
 >cri].ti..n. I..R.A.1916C, 1127. 
 
 May eontJfad which purports to describe 
 premises by number of acres be satis- 
 lied by a conveyance of that number of 
 acres out of a larger tract which other- 
 wise answers the description. L.R.A. 
 1916C, 1100. 
 
 52. Sufficiency of memorandum. 
 
 Undelivered deed as memorandum to satis- 
 fy statute of frauds. 22 L.R.A. 273. 
 
 Deed delivered in escrow as satisfying stat- 
 ute of frauds. 43 L.R.A. (N.S.) 390. 
 
 Officers' return upon judicial sale as a 
 memorandum satisfying the Statute of 
 Frauds. L.R.A.1917E, 899. 
 
 Written authorization of broker or agent to 
 buy or sell land as a memorandum of 
 contract of sale sufficient to satisfy the 
 statute of frauds. L.R.A.1915C, 400. 
 
 May statute of frauds relating to sales of 
 real property be satisfied by a memo- 
 randum which discloses that one of the 
 parties acted for an undisclosed prin- 
 cipal. 8 L.R.A.(N.S.) 733. 
 
 May an extrinsic document, not referred to 
 in a memorandum of sale of real prop- 
 erty, be resorted to in aid of a defec- 
 tive description in the memorandum 
 or contract, so as to satisfy the stat- 
 ute of frauds. 18 L.R.A. (N.S.) 616. 
 
 Necessity of specifying time of payment of 
 purchase price in contract or memo- 
 randum for the sale of real property. 
 33 L.R.A. (N.S.) 84. 
 
 53. Signing. 
 
 .Signing by proxy. 
 Signing by mark. 
 Place of signature. 
 
 22 L.R.A. 297. 
 22 L.R.A. 372. 
 L.R.A.1917A, 153. 
 
 Necessity that witnesses see testator sign 
 or that they see his signature. 38 
 L.R.A. (N.S.) 161; L.R.A.1915B, 87. 
 
 54. who must sign. 
 
 Who must sign note or memorandum of ex- 
 ecutory contract for the sale of 
 real property or chattels within 
 the statute of frauds. 28 L.R.A. 
 (N.S.) 680; 43 L.R.A. (N.S.) 410. 
 May the statute of frauds be satisfied by a 
 declaration of trust signed by the 
 trustee alone. 38 L.R.A. (N.S.) G46. 
 
 7. Effect of part performance. 
 
 55. Generally. 
 
 On right to specific performance, 
 SPECIFIC PERFORMANCE, 13. 
 
 Effect of statute of frauds upon the power of 
 equity to reform a contract which has 
 been partly performed. L.R.A.1917A, 
 572. 
 
 Effect of part performance. 14 L.R.A. 863. 
 
 CONTRACTS, II. g, 7 confd 
 heck as payment for purpose of taking con- 
 tract out of statute of frauds. L.R.A. 
 1918B, 902. 
 
 Will as part performance. 14 L.R.A. 863. 
 
 Part performance of grantee's oral promise 
 to grantor to hold in trust as taking 
 case out of statute of frauds. 3D 
 L.R.A.(N.S.) 928. 
 
 Part performance of contract in consider- 
 ation of naming child. 51 L.R.A. 
 (N.S.) 1108. 
 
 Action for purchase price on oral contract 
 of sale of land where deed has been 
 delivered. 51' L.R.A. (N.S.) 77. 
 
 Part performance to take contracts to ren- 
 der services not to be performed within 
 a year out of the Statute of Frauds. 
 L.R.A.1916D, 884. 
 
 56. Of sale of personalty. 
 
 Work in fitting up for delivery as payment 
 of price to take the contract out of the 
 statute of frauds. 15 L.R.A. ( N.S. i 
 654. 
 
 Symbolic delivery by 
 statute of frauds. 
 
 sample to satisfy 
 70 L.R.A. 321. 
 
 irith ttii booh on cvri-t/ Inu- question. 
 
 56a. acceptance as taking out of 
 statute. 
 
 Effect of subsequent acceptance to take sale 
 out of staute of frauds. 10 L.R.A. 
 (N.S.) 638. 
 
 Receipt and accceptance to satisfy the stat- 
 ute of frauds when goods are in pos- 
 session of purchaser at time of agree- 
 ment. 11 L.R.A. (N.S.) 1180; 20 L.R.A. 
 (N.S.) 498; L.R.A.1916F, 393. 
 
 57. delivery to carrier. 
 
 General rule. 35 L.R.A. (N.S.) 1039. 
 Designation of the carrier. 35 L.R.A. (N.S.) 
 
 1041. 
 
 Particular circumstances indicating ac- 
 ceptance. 35 L.R.A. (N.S.) 1043. 
 Rule under particular statute. 35 L.R.A. 
 (N.S.) 1044. 
 
 58. Leases of land. 
 
 Improvements under oral contract of gift, 
 see IMPROVEMENTS, 13. 
 
 Part performance under parol lease to sat- 
 isfy the Statute of Frauds. 49 L.I I. A. 
 (N.S.) 113. 
 
 Effect of performance to take parol assign- 
 ment of lease out of statute of frauds. 
 15 L.R.A. 754; 42 L.R.A. (N.S.) 162. 
 
 Nature of tenancy by entry under lease 
 void under statute of frauds. 42 
 L.R.A.(N.S.) 648. 
 
 Effect at law of entry under lease void un- 
 der statute of frauds. 42 L.R.A.(N.S.) 
 654. 
 
 Entry under parol agreement for a lease as 
 part performance in equity. 20 L.R.A. 
 36. 
 
 Effect of making improvements under oral 
 lease for term beyond t'.iat permitted 
 by statute, to entitle lessee to hold dur- 
 ing term. 3 L.R.A. (N.S.) 852.
 
 INDEX TO L.R.A. NOTES. 
 
 20; 
 
 CONTRACTS, II. g, 7 cont'd. 
 
 59. Taking possession of land. 
 
 Effect of, on right to specific performance, 
 see SPECIFIC PERFORMANCE, 13. 
 
 Taking possession of real property as part 
 performance to satisfy statute of 
 frauds. 3 L.R.A. (N.S.) 790. 
 Parol transfer of possession as basis of 
 tacking for purposes of adverse posses- 
 sion. 35 L.R.A. (N.S.) 498. 
 
 h. Merger. 
 
 00. Generally. 
 
 Of oral and writteto contracts limiting ini- 
 tial carrier's undertaking to its own 
 line. 31 L.R.A.(N.S.) 64. 
 
 Merger of stipulations as to title in execu- 
 tory contract for the sale of real es- 
 tate in subsequently executed convey- 
 ance. 31 L.R.A. (N.S.) 457. 
 
 III. Construction, 
 a. In general. 
 
 61. Generally. 
 
 Construction of arbitration agreement, see 
 
 ARBITRATION 7 . 
 
 Automobile distribution contract, see AUTO- 
 MOBILES, 11. 
 
 Contract for water supply, see WATERS, 
 111. 
 
 Provision for penalty or liquidated dam- 
 ages in case of delay, see DAMAGES, 
 38-40. 
 
 Rule that when terms of agreement have 
 been intended in a different sense, that 
 sense is to prevail, against either party, 
 in which he had reason to suppose the 
 other party understood it. 8 L.R.A. 
 (N.S.) 1140. 
 
 Parol evidence that parties to a written 
 contract which merely names a class or 
 species, contemplated a particular qual- 
 ity or kind. 9 L.R.A. (N.S.) 967. 
 
 Perjury in statement involving matters of 
 opinion or belief in construction of con- 
 tract. 25 L.R.A. (N.S.) 658. 
 
 Typewritten matter as written or as printed 
 matter. L.R.A. 1915D, 1084. 
 
 Matter in letterhead, billhead, or on margin 
 of paper on which contract is written 
 as part of contract or as notice affect- 
 ing the rights of the parties. L.R.A. 
 1916D, 1072. 
 
 Fixing the extent of liability of the sev- 
 eral obligors to an agreement as mak- 
 ing it joint, joint and several, or sev- 
 eral. L.R.A.1915B, 221. 
 
 b. Entirety. 
 
 62. Generally. 
 
 Severability of insurance, see INSURANCE, 
 61, 62. 
 
 Separable agreement for repair of pavement 
 by contractor. 44 L.R.A. 539. 
 
 Divisibility of contract in restraint of trade. 
 22 L.R.A. 673. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, III. b cont'd. 
 
 In respect of time or territorial extent. 24 
 L.R.A. (N.S.) 942. 
 
 Contract which fixes compensation at a cer- 
 tain amount per unit of work done, as 
 entire or severablc. 20 L.R.A. (N.S.) 
 1069. 
 
 Rights and remedies of servant discharged 
 for good cause under entire and divisi- 
 ble contracts. 5 L.R.A. (N.S.) 524. 
 
 c. Time. 
 
 63. Generally. 
 
 Time of performance, see infra, 132. 
 Time in contractual matters generally, see 
 TIME, 3. 
 
 Making time of the essence by demand or 
 
 notice. 15 L.R.A. 737. 
 Time for delivery of goods sold as of the 
 
 essence of the contract. L.R.A. 1916E, 
 
 940. 
 First and last days in computation of time 
 
 on. 49 L.R.A. 205. 
 Divisibility in respect of time, of contract 
 
 in restraint of trade. 24 L.R.A. (N.S.) 
 
 942. 
 Intention of parties to, to adopt standard 
 
 instead of sun time. 1 L.R.A. (N.S.) 
 
 364; 6 L.R.A.(N.S.) 1046. 
 Standard or solar time as the criterion in 
 
 determining questions dependent upon 
 
 time. 35 L.R.A. (N.S.) 611. 
 Construction and effect of provision for ex- 
 tension of time for removal of standing 
 
 timber. 34 L.R.A.(N.S.) 615. 
 Duration of contract of hiring which fixes 
 
 no term but specifies compensation at a 
 
 certain amount per day, week, month 
 
 or year. 25 L.R.A. (N.S.) 529; 51 
 
 L.R.A.(N.S.) 629. 
 Rent period as criterion of term implied by 
 
 holding over after expiration of lease 
 
 for a fixed term. 25 L.R.A. (N.S.) 855. 
 Provisions relating to time in irrigation 
 
 contracts. L.R.A.1916F, 259. 
 
 d. Particular words, phrases, and 
 cases. 
 
 64. Generally. 
 
 As to penalties or liquidated damages, see 
 DAMAGES, 38-40. 
 
 Discrepancy between words and figures in 
 the body of a check describing the 
 amount amount thereof. L.R.A. 
 1918C, 331. 
 
 Meaning of term "waterproof" employed in 
 contract. L.R.A.1918B, 826. 
 
 Provision of contract for payment without 
 deduction for taxes as applicable to in- 
 come tax. L.R.A.1917F, 205. 
 
 Time of payment obligation purporting to 
 be payable on specified event, the hap- 
 pening of which is wholly or partially 
 within the control of the promisor. 
 L.R.A.1917B, 1050. 
 
 Contractor's bond for the payment of claims 
 for labor and material as a contract of 
 indemnity against liability, or against 
 loss. L.R.A.1918D, 1074.
 
 268 
 
 INDEX TO L.R.A. NOTES. 
 
 CONTRACTS, III. d cont'd 
 
 What conditions or defects are covered by 
 pr>\ ision in paving contract requiring 
 contractor to keep pavement in repair. 
 9 L.R.A.(N.S.) 154; 49 L.R.A. (N.S.) 
 922. 
 
 KtlVet of promise to pav "as soon as prom- 
 isor can." 27 L.R.A. (N.S.) 300; L.R.A. 
 1!M8A, 902. 
 
 Construction of promotion agreements. 
 L.R.A.1918E, 834. 
 
 Construction of irrigation contracts with 
 consumers. L.R.A. 1916F, 257. 
 
 Construction of contract to dig a well as to 
 the quantity or quality of water fur- 
 nished thereby. L.R.A.1918A, 1085. 
 
 v . -rvices covered by towage agreement. 
 L.R.A.1915B, 1086. 
 
 Express agreements for lateral support. 48 
 L.R.A. (N.S.) 474. 
 
 65. Building contracts. 
 
 Provision for penalty or liquidated dam- 
 ages in case of delay, see DAMAGES, 
 38-40. 
 
 Aiding the interpretation of building con- 
 tracts by extrinsic documents or ex- 
 amples. 9 L.R.A. (N.S.) 1007. 
 
 Fixing the extent of liability of the several 
 obligors to a building contract as mak- 
 ing it joint and several or several. 
 L.R.A.1915B, 225. 
 
 6 5a. stipulation that alterations 
 or extras must be ordered in writ- 
 ing. 
 
 In public contract, see infra, 162. 
 
 Effect of stipulation that alterations or 
 extras must be ordered in writing. 48 
 L.R.A. (N.S.) 564. 
 
 66. Sale of personalty. 
 
 Construction of contract having some pro- 
 visions peculiar to consignment and 
 agency contracts and others to sale con- 
 tracts. L.R.A.1917B, 626. 
 
 Assignability of contract to supply such 
 quantity of goods as purchaser may re- 
 quire in his business. 2 B. R. C. 444. 
 
 Effect of retention of title to personal prop- 
 erty until payment of purchase price 
 to characterize sale as executory 5 
 L.R.A. (N.S.) 475. 
 
 67. Agreements as to real property. 
 
 C'onstruction of oil and gas lease, see MINES 
 III. c, 2. 
 
 What constitutes "satisfactory title" with- 
 in requirement of land contract or other 
 agreement relating to land. 18 L.R.A 
 (N.S.) 741. 
 
 Will real estate pass under the word "ef- 
 fects" in a written instrument T> 
 L.R.A. (N.S.) 661. 
 
 Destruction by decay rendering premises 
 untenantable as within landlord's cove- 
 nant to repair. 21 L.R.A. (N.S.) 130. 
 
 68. Damages "by the elements." 
 
 What constitutes, within the meaning of 
 
 CONTRACTS, III. d cont'd 
 69. Subscription contract. 
 
 Subscription to corporate stock, see COR- 
 PORATIONS, 77-81 a. 
 
 As to subscriptions, generally, see SUBSCRIP- 
 TIONS. 
 
 Is a subscription contract joint or several. 
 22 L.R.A. 80. 
 
 69a. Not to engage in rival business. 
 
 Entering another's business as breach of 
 covenant not to engage in rival busi- 
 ness. 20 L.R.A. (N.S.) 769; 40 L.R.A. 
 (N.S.) 1191. 
 
 IV. Essential validity and effect. 
 o. In general; public policy. 
 
 70. Generally. 
 
 Validity as affected by consideration gen- 
 erally, see supra, I. c. 
 
 Mutuality as affecting validity, see supra, 
 18." 
 
 Certainty and definiteness as affecting valid- 
 ity, see supra, 20, 21. 
 
 Capacity to make valid contract, see svipra, 
 I. f. 
 
 Formal requisites affecting validity, see su- 
 pra, I. g. 
 
 Validity as affected by statute of frauds, see 
 supra, I. g. 
 
 Of public contracts, ?e infra. VIII. 
 
 Validity of assignment, see ASSIGNMENT, 
 
 9. 
 
 Validity of provision against assignment, 
 see ASSIGNMENT, 10. 
 
 Validity of assignment for creditors, see AS- 
 SIGNMENT FOR CREDITORS. 14. 
 
 Stipulation for attorney's fees, see ATTOR- 
 NEY'S FEES, 2. 
 
 Validity of commercial paper, see BILLS AND 
 NOTES, 10-17. 
 
 Validity of bond, see BONDS. 
 
 Champertous contracts, see CHAMPERTY AND 
 MAINTENANCE. 
 
 Validity of chattel mortgage, see CHATTEL 
 MORTGAGE, 4-6. 
 
 Of compromise, see COMPROMISE AND SET- 
 TLEMENT, 6. 
 
 Validity of contracts by foreign corporation 
 which has not complied with conditions 
 as to doing business, see CORPORATIONS, 
 148. 
 
 Contract procured by duress, see DURESS, 
 4. 
 
 Contracts between husband and wife, see 
 HUSBAND AND WIFE, V. 
 
 Validity of oral contract of insurance, sec 
 INSURANCE, 43. 
 
 Validity of agreement as to rate of inter- 
 est, see INTEREST, 19: USURY. 
 
 As to illegal monopolies or trusts, see MO- 
 NOPOLY AND COMBINATIONS 
 
 Validity of mortgage, see MORTGAGE. 20- 
 24. 
 
 Municipal contracts, see MUNICIPAL COR- 
 PORATIONS, 53-60. 
 
 Validity of conveyance suspending power 
 of alienation, see PERPETUITIES. 
 
 contracts with stipulations refer- | Contracts made on Sunday, see SUNDAY, 4. 
 ring thereto, r>;{ L.R.A. 673. Usurious contract, see USURY. 
 
 n-ifh thin booh on rrrri/ la\r question.
 
 INDEX TO L.R.A. NOTES. 
 
 269 
 
 CONTRACTS, IV. a cont'd 
 
 Of contract for water supply, see WATERS, 
 
 111. 
 
 Estoppel by, see ESTOPPEL, 11. 
 Injunction against illegal contract, see Ix- 
 
 JTJNCTION, 12. 
 
 Constitutionality of statute legalizing. 22 
 L.R.A. 379. 
 
 Effect of war on contracts with alien en- 
 emies. L.R.A.1917C, 662. 
 
 Right of partner to compensation under 
 express contract. 17 L.R.A. (N.S.) 
 409. 
 
 Agreement that surviving partner shall 
 have the partnership business or prop- 
 erty. L.R.A.1918B, 907.' 
 
 Validity of agreement against right to par- 
 tition. 16 L.R.A. 220. 
 
 Contract not to protest against application 
 for patent to public land. 9 L.R.A. 
 (N.S.) 529. 
 
 Effect of contract as to standing timber 
 to pass title to same. 6 L.R.A. (N.S.) 
 469; 47 L.R.A. (N.S.) 870. 
 
 Effect of express agreements or covenants 
 for lateral support. 48 L.R.A. (N.S.) 
 474. 
 
 Validity of agreement to transfer future- 
 acquired property in consideration of 
 maintenance. 70 L.R.A. 485. 
 
 Validity of agreement to pay money after 
 death of promisor. 14 L.R.A. 860. 
 
 Effect of extrinsic promise to sign or in- 
 dorse a note or bill. 33 L.R.A. (N.S.) 
 175. 
 
 Validity of provision in contract for pay- 
 ment of money, that it shall be payable 
 to obligee only, and not to his estate. 
 17 L.R.A.JN.S.) 1239. 
 
 Validity of stipulation against assignment 
 in contract for payment of money. 21 
 L.R.A. (N.S.) 597. 
 
 Right to duplicate portrait or photograph 
 without the consent of the person un- 
 der contract with whom the original 
 was produced. 7 L.R.A. (N.S.) 362. 
 
 Implied power to incorporate in contract 
 for public work, a requirement that the 
 contractor shall pay laborers and ma- 
 terialmen. 11 L.R.A. (N.S.) 1028; 46 
 L.R.A. (N.S.) 325. 
 
 Effect of agreement for set-off against hold- 
 er of negotiable paper transferred after 
 maturity. 46 L.R.A. 797. 
 
 Validity of sale of, or agreement to sell 
 commercial paper to one primarily lia- 
 ble thereon. 35 L.R.A. (N.S.) 820. 
 
 Validity and effect of stipulation in con- 
 tract to renew on terms to be agreed 
 upon. 32 L.R.A. (N.S.) 201. 
 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. L.R.A. 
 1917C, 763. 
 
 Validity of contract by vendor to repur- 
 chase vendee's interest after latter's 
 default. 35 L.R.A. (N.S.) 544. 
 Validity of agreement with surety as to 
 custody or control of trust fund. 1(5 
 L.R.A.JN.S.) 994. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, IV. a cont'd 
 
 Validity, in absence of statute, of contract 
 exempting property within improve- 
 ment district from special assessment 
 in consideration of acts done or other 
 obligations assumed. 41 L.R.A. (N.S.) 
 781. 
 
 Contract to levy taxes for particular pur- 
 pose as affecting power or right to levy 
 taxes for other purposes. L.R.A. 
 1918B, 886. 
 
 Validity of contract for detection of crime. 
 42 L.R.A. (N.S.) 847. 
 
 Contracts fixing rates other than those es- 
 tablished in accordance with interstate 
 commerce act. 38 L.R.A. (N.S.) 351. 
 
 Contract to induce assent to composition 
 with creditors. 27 L.R.A. 36. 
 
 Effect of agreement for immunity of accom- 
 plice who testifies for prosecution. 24 
 L.R.A. (N.S.) 439. 
 
 Validity of contract to influence, by appar- 
 ently disinterested advice, the conduct 
 of a third person to whom the promisor 
 owes no contractual duty. L.R.A. 
 1917F, 468. 
 
 Validity of contract to supply city with 
 water. 61 L.R.A. 67. 
 
 Agreements to arbitrate in illegal con- 
 tracts. 47 L.R.A. (N.S.) 346. 
 
 Validity of provision in contract against 
 interest. L.R.A.1916A, 555. 
 
 Validity of provision in contract for in- 
 creased rate of interest upon default. 
 L.R.A.1916E, 726. 
 
 Validity and character of agreements con- 
 temporaneous with mortgage, constitut- 
 ing clogs on equity of redemption. 6 
 B. R. C. 431. 
 
 Validity of contract in relation to real 
 property Avhich discriminates against 
 persons because of race, color or re- 
 ligion. L.R.A. 1916B, 1208. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 71. Contract made on holiday. 
 
 Contracts made on Sunday, see SUNDAY, 
 4. 
 
 Law of holidays as applied to contracts 
 other than negotiable instruments. 19 
 L.R.A. 317. 
 
 72. Liability on original contract as 
 affected by void renewal or sub- 
 stitution. 
 
 In general. 33 L.R.A. 628. 
 
 Where the renewal ia void for forgery. 
 
 33 L.R.A. 628. 
 For want of authority. 33 L.R.A. 631. 
 For time, mode, and manner of execution. 
 
 33 L.R.A. 632. 
 For disability of party. 33 L.R.A. 633, 
 For usury. 33 L.R.A. 633. 
 For other causes contrary to public policy. 
 
 33 L.R.A. 635. 
 
 73. Contract connected with illegal 
 contract or transaction. 
 
 Recovery of purchase price of property sold 
 for illegal purpose, see infra, 114.
 
 270 
 
 CONTRACTS, IV. a coufd 
 
 Effect of award upon claim arising out of 
 
 INDEX TO I. .11. A. NOTES. 
 
 transaction. 58 L.R.A. 181. 
 
 New promise as consideration when original 
 promise was illegal. 53 L.R.A. 370. 
 
 Validity of new contract based on compro- 
 mise of illegal contract. 9 L.R.A. 
 \> 568. 
 
 Is promise by a third party to pay claim 
 arising out of performance of contract 
 between two other persons tainted by 
 the illegality of that contract. 28 
 L.R.A.(N.S.) 996. 
 
 Effect of landlord's knowledge that tenant 
 intends to use premises for purposes 
 of prostitution. 19 L.R.A. (N.S.) 662. 
 
 74. By unlicensed person. 
 
 Effect of failure to procure license for busi- 
 
 ness on validity of contract therein. 
 
 16 L.R.A. 423; 12 L.R.A. (N.S.) 613. 
 Extent of restriction on right of unlicensed 
 
 person to transact legal business. 24 
 
 L.R.A.(N.S.) 750. 
 Effect of contract by unlicensed teacher. 42 
 
 L.R.A.(N.S.) 412. 
 Right of unlicensed person to recover for 
 
 services rendered bv licensed person. 
 
 2 L.R.A.(N.S.) 392"; 21 L.R.A. (N.S.) 
 
 176. 
 Failure of money lender to procure license 
 
 as affecting validity of his contract. 
 
 L.R.A.1915B, 851. 
 Burden of proof as to physician's license 
 
 in suit to recover for services. 
 (N.S.) 1238. 
 
 8 L.R.A. 
 
 75. Contracts in violation of statute. 
 
 Contracts by unlicensed person, see supra, 
 74. 
 
 Right to recover for property sold for un- 
 lawful use, see infra. 114. 
 
 Validity of contracts in business which it 
 is a misdemeanor to transact. 12 
 L.R.A.(N.S.) 575. 
 
 Conducting business in violation of law aa 
 affecting contract for its sale. 45 
 L.R.A. (N.S.) 810. 
 
 Validity of contract for the sale of fertilizer 
 where statutory regulations had not 
 been complied with. 43 L.R.A. (N.S.) 
 1109. 
 
 Contracts requiring servant to elect between 
 acceptance of benefits out of a relief 
 fund and a prosecution of his claims in 
 an action for damages. 48 L.R.A. 
 (N.S.) 443, 451. 
 
 Effect of discrimination among insurants 
 upon the contract of insurance and its 
 incidents. 49 L.R.A. (N.S.) 147. 
 
 Validity of contracts made by individual 
 or partnership under an assumed name 
 in violation of statute. L.R.A.1915D 
 988. 
 
 Liability of municipality or other public 
 corporation for benefits received under 
 contract violative of statutory re- 
 strictions. 27 L.R.A. (N.S.) 1120; 46 
 L.R.A.(N.S.) 921. 
 
 CONTRACTS, IV. a cont'd 
 
 Municipal liability for labor performed or 
 services accepted by it under contract 
 violating statutory or charter restric- 
 tions on power to contract. 27 L.R.A. 
 (N.S.) 1127. 
 
 76. use of leased premises in vio- 
 lation of law. 
 
 Effect of landlord's knowledge that tenant 
 intends to use premises in violation of 
 law. 19 L.R.A. (N.S.) 662; 39 L.R.A. 
 (N.S.) 1104. 
 
 77. Public policy generally. 
 
 Validity of claim against state which is 
 
 contrary to public policy. 
 39. 
 
 42 L.R.A. 
 
 u-ith thin booh- on every law question. 
 
 Estoppel of public corporation to deny valid- 
 ity of contract in violation of public 
 policy. L.R.A.1915A, 1002. 
 
 Right to open default judgment to let in 
 defense that contract was against pub- 
 lic policy. L.R.A.1916F, 860. 
 
 Validity of agreement to surrender right to 
 purchase property at private sale. 44 
 L.R.A.(N.S.) 1115. 
 
 Validity of private agreement with certain 
 property owners to obtain their con- 
 sent to local improvement. 50 L.R.A. 
 (N.S.) 396. 
 
 Insurance on bawdyhouse or furniture there- 
 in. L.R.A.1917B, 257. 
 
 Validity of agreement to stay away from a 
 certain locality. L.R.AJ918A, 1150. 
 
 78. Indemnity contract. 
 
 Validity of agreement to indemnify bai! 
 in a criminal case. 20 L.R.A.(N.S.) 
 58. 
 
 79. Contracts of employment. 
 
 Contract by servant relieving master from 
 liability for injuries, see MASTER AND 
 SERVANT, 52, 53. 
 
 Constitutional objections to convict labor 
 
 contracts. L.R.A.1916D, 660. 
 Agreements between employer and trade 
 
 union. 45 L.R.A. (N.S.)' 184. 
 Contract to employ union labor only. 2 
 
 L.R,A.(N.S.) 292; 45 L.R.A. (N.S.) 
 
 564. 
 Contracts for permanent employment. 55 
 
 L.R.A. 513; 50 L.R.A. (N.S.) 454. 
 Contract by employer to protect employees 
 
 from personal violence by strikers. 
 
 L.R.A.1918C, 929. 
 Binding effect of contract for services oi 
 
 pastor. 38 L.R.A. 687; 52 L.R.A. 
 
 (N.S.) 172. 
 Validity of contract fixing minimum wage 
 
 for person employed upon public work. 
 
 51 L.R.A. (N.S.) 686. 
 
 Validity under the Federal employers' lia- 
 bility act of contract requiring notice 
 
 in writing. L.R.A.1915F, 551. 
 
 80. with attorney. 
 
 As to compensation, see ATTORNEYS, 20, 
 21 ; CHAMPERTY AND MAINTENANCE.
 
 INDEX TO L.R.A. NOTES. 
 
 271 
 
 CONTRACTS, IV. a cont'd 
 
 Validity of contract by attorney to secure 
 suspension of criminal law as to offens- 
 es thereafter committed. 38 L.R.A. 
 (N.S.) 842. 
 
 Right of attorney to compensation from 
 private employer for assisting in prose- 
 cution, in criminal case. L.R.A.1916D, 
 462. 
 
 Agreement with attorney by which compen- 
 sation is dependent on success in pro- 
 curing contract with public officer or 
 board. L.R.A.1915C, 823. 
 
 81. with physician ; for medical 
 services. 
 
 Validity of contract to pay attending phy- 
 sician percentage of damages recovered 
 for personal injury. 33 L.R.A. (N.S.) 
 87. 
 
 Validity of contract to furnish a patient 
 medical services for life. 28 L.R.A. 
 
 (N.s.) ina. 
 
 Duty and liability of one other than a 
 physician or surgeon, who contracts 
 to provide medical or surgical atten- 
 tion to another. 36 L.R.A. (N.S.) 50; 
 L.R.A.1915D, 884. 
 
 82. Affecting marriage relation. 
 
 Living in illicit relations, see infra, 120. 
 Agreements as to divorce and separation, see 
 
 DIVOECE AND SEPARATION, 58. 
 Agreement as to alimony, see DIVOECE AND 
 
 SEPARATION, 35. 
 Validity of marriage, see MARRIAGE, 5-7. 
 
 Validity of agreement to marry where one 
 of the parties is already married. 1 
 B. R. C. 917; L.R.A.1918B, 68. 
 
 Validity of agreement to marry on death or 
 divorce of present husband or wife. 52 
 L.R.A. 660. 
 
 Contract made to prevent attack upon di- 
 vorce decree. L.R.A.1917F, 621. 
 
 Contract between husband and wife to com- 
 promise pending or contemplated di- 
 vorce suit. 60 L.R.A. 406. 
 
 Validity of contract by third person to pay 
 one spouse to return to the other. 31 
 L.R.A. (N.S.) 14]. 
 
 Validity of agreement made after divorce 
 as a substitute for an award of ali- 
 mony. 35 L.R.A. (N.S.) 1167. 
 
 Validity of marriage brokage contracts. 
 3 B. R. C. 643. 
 
 Contracts in restraint of marriage. 49 
 L.R.A.(N.S.) 633; 4 B. R. C. 64. 
 
 83. To pay debt of married woman. 
 
 Validity of husband's express promise to 
 pay de*bt previously contracted by wife. 
 7 L.R.A. (N.S.) 1048. 
 
 Validity of new promise by woman after 
 discoverture to pay debt incurred dur- 
 ing coverture. 53 L.R.A. 371 ; 7 L.R.A. 
 (N.S.) 1053; 33 L.R.A. (N.S..) 741. 
 
 . 84. To affect bid. 
 
 Validity of agreement to purchase property 
 at judicial sale for joint benefit. 
 38 L.R.A. (N.S.) 719. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, IV. a cont'd 
 
 85. As to patents. 
 
 Validity of contract in restraint of trade 
 as to patented articles without limita- 
 tion of place. 22 L.R.A. G74. 
 
 Contract to assign future inventions upon 
 sale of patent. 2 L.R.A. (N.S.) 1094. 
 
 Validity and effect of agreement to pay roy- 
 alties on device not in fact covered by 
 a patent, but assumed to be so covered. 
 14 L.R.A. (N.S.) 274. 
 
 Validity of contract for material patented 
 or held in monopoly where a public let- 
 ting to the lowest bidder is required. 
 18 L.R.A. 45; 5 L.R.A. (N.S.) 680; 4(i 
 L.R.A.(N,S.) 990; L.R.A.1917A, 442. 
 
 86. As to wills. 
 
 Validity of agreement for bequest or devise. 
 
 14 L.R.A. 860. 
 Effect of agreement to give property by 
 
 will upon right to change will. 14 
 
 L.R.A. 861. 
 Effect of agreement to give property by will 
 
 on right to transfer property during 
 
 life. 14 L.R.A. 861. 
 Clauses in will against public policy as 
 
 affecting right to probate. 34 L.R.A. 
 
 (N.S.) 967. 
 Validity of contract not to contest probate 
 
 of will. 13 L.R.A. (N.S.) 484. 
 Validity of agreement to defeat probate of 
 
 will. 16 L.R.A.(N.S.) 236; 43 L.R.A. 
 
 (N.S.) 575. 
 
 Validity and effect of stipulation of inca- 
 pacity of testator. 23 L.R.A. (N.S.) 
 
 783. 
 
 Validity of agreement that costs of con- 
 testing a will shall be paid out of the 
 
 estate. 2 B. R. C. 633. 
 
 87. As to custody, control, and sup- 
 port of infant. 
 
 Custody and support of children generally, 
 see INFANTS, 6-13. 
 
 In general. 27 L.R.A. 56; 42 L.R.A.(N.S.) 
 
 1013. 
 
 Right of parent to relieve himself of his 
 obligations. 27 L.R.A. 56; 42 
 L.R.A. (N.S.) 1014. 
 Right to revoke. 27 L.R.A. 58; 42 L.R..A. 
 
 (N.S.) 1016. 
 
 Contract not enforced. 27 L.R.A. 59. 
 Children restored. 27 L.R.A. 59; 42 L.R.A. 
 
 (N.S.) 1017. 
 Right under statute. 27 L.R.A. 59; 42 
 
 L.R.A.(N.S.) 1018. 
 ; Rights of third person. 27 L.R.A. 60; .42 
 
 L.R.A. (N.S.) 1018. 
 ! Estoppel of parent. 27 L.R.A. 60; 42 L.R.A. 
 
 (N.S.) 1018. 
 i Child's welfare will be regarded. 27 L.R.A. 
 
 61; 42 L.R.A. (N.S.) 1020. 
 Effects of child's choice. 27 L.R.A. 61. 
 Child may enforce contract. 27 L.R.A. 61. 
 Agreement as to residence of child. 27 
 
 L.R.A. 01. 
 Such contract, to be enforced, must be clear. 
 
 definite, and certain. 42 L.R.A. ( N.S. ) 
 
 1016.
 
 INDEX TO L.R.A. NOTES. 
 
 CONTRACTS, IV. a cont'd 
 
 87a. after or pond inn divorce suit. 
 
 i'ii>fd.|y ami Mipprrt of divnn-rd children 
 L'ciierally, see Divoun: AND SKPAKATION, 
 | M 57. 
 
 Rights of divorced persons to contract as 
 to custody of children. 15 L.R.A. 
 (N.S.) 744. 
 
 Validity of agreement between parents as 
 to custody and support of child pend- 
 ing divorce. 2 L.R.A. (N.S.) 201. 
 
 88. As to expectancy. 
 See EXPEPTANCY, 2, 3. 
 
 89. Special contracts and obligation 
 
 to pay in ?;old or silver. 
 Before legal tender act. 29 L.R.A. 512. 
 Application of legal tender act to specific 
 
 contracts for coin. 29 L.R.A. 512. 
 Implied coy tracts or obligations imposed 
 
 by law. 29 L.R.A. 522. 
 
 0. As to statute of limitations. 
 
 Limitation of time to sue on policy, see 
 I.\ si RANGE, 207, 208. 
 
 Effect of promise to pay on running of limi- 
 tations, see LIMITATION OF ACTIONS, 
 68-71. 
 
 Effect on running of limitations of agree- 
 ment not 'to plead the statute. 16 
 L.R.A.(N.S.) 645. 
 
 Waiver or tolling of statute of limitations 
 or tionclaim by personal representative 
 as to an indebtedness of the estate. 
 L.R.A.1915B, 1016. 
 
 91. Threat of prosecution; to com- 
 pound felony. 
 
 Contracts procured by threats of prosecu- 
 tion of a relative. 26 L.R.A. 48: 20 
 L.R.A.(N.S.) 484; 37 L.R.A. (N.S.) 
 539; L.R.A.1915D, 1118. 
 
 Validity of agreement in settlement of 
 cause of action for criminal conver- 
 sation. 36 L.R.A. (N.S.) 995. 
 
 Legality of contract to pay thief for re- 
 turn of stolen property. 7 L.R.A. 
 (N.S.) 175. 
 
 Validity and enforceability of contract to 
 compensate the owner of property 
 stolen or embezzled, in absence of duress 
 or agreement, express or implied, to 
 stifle prosecution. L.R.A. 1915E, 139. 
 
 Effect of agreement to stifle prosecution up- 
 on contract to pay existing indebted- 
 ness, or the value of property or money 
 
 feloniously obtained. 
 971. 
 
 16 L.R.A.(N.S.) 
 
 Injunction against enforcement of contracts 
 for compounding crime. 48 L.R.A. 848. 
 
 92. Immoral consideration general- 
 ly- 
 Right to invoke aid of court, see infra 
 120. 
 
 Right of alleged fraudulent grantee to show 
 that judgment against grantor was 
 based on an immoral consideration. 07 
 L.R.A. fi02. 
 
 /.Vjyi'n with this boote on rrriv/ fait- question. 
 
 CONTRACTS, IV. a cont'd 
 93. With, or as to, corporations or 
 associations. 
 
 Ultra vires contract of corporation, see 
 
 CORPORATIONS, V. b. 
 Foreign corporation which has not complied 
 
 with conditions as to doing business, 
 
 see CORPORATIONS, 148. 
 
 Agreements between promoters of corpora- 
 tion. L.R.A.1D18E, 839. 
 
 Provision against officer being interested in 
 contract with public as extending to 
 corporation of which he is a stockholder 
 or officer. L.R.A. 1917C, 1099. 
 
 Validity of agreement to abide by decision 
 of tribunal of associations or corpora- 
 tions. 49 L.R.A. 372. 
 
 Validity of agreement to elect dummy di- 
 rectors. 27 L.R.A. (N.S.) 658. 
 
 Contracts between corporations having com- 
 mon directors or officers. 33 L.R.A. 
 788. 
 
 Effect of statutes forbidding corporate offi- 
 cers, directors, or stockholders to be in 
 terested directly or indirectly in deal- 
 ings with the corporation. L.R.A. 
 1916A, 783. 
 
 Validity of contract to employ union labor 
 only. 45 L.R.A. (N.S.) r,(>4. 
 
 Validity of individual contract of director 
 to pay dividends. L.R.A. 1917A, 1077. 
 
 Public policy as related to communistic life 
 or tenure of property. 52 L.R.A. ( N.S. ) 
 459. 
 
 94. as to corporate stock. 
 
 As to voting trusts, see CORPORATIONS, 
 
 124. 
 
 Validity of subscription for corporate stock 
 where subscription contract was illegal. 
 33 L.R.A. 597. 
 
 Illegality of contract for sale of corporate 
 stock as defense to action for specific 
 performance. 50 L.R.A. 508; 31 L.R.A. 
 (N.S.) 500. 
 
 Agreements to control voting power of cor- 
 porate stock. 16 L.R.A. (N.S.) 1136. 
 
 Validity of contract or option by director 
 for purchase of stock of employee of 
 corporation upon discontinuance of 
 employment. L.R.A.1916D, 1117. 
 
 95. with railroad company. 
 
 As to contracts limiting carrier's liability, 
 see CARRIERS, 28, 29, 91, 128-135. 
 
 Right of common carrier to contract for 
 use of its cars for advertising purposes. 
 24 L.R.A. (N.S.) 1010. 
 
 Contract by railroad company to maintain 
 special rate to a particular locality. 
 38 L.R.A.(N.S.) 157. 
 
 Validity of contract made to influence lo- 
 cation of railroad. 21 L.R.A. (N.S.) 
 800. 
 
 Validity of contract which contemplates the 
 turning over by a railroad company to 
 a construction company of bonds and 
 stocks of the former of a par value in 
 excess of the cost of construction. 13 
 L.R.A. (N.S.) 191.
 
 INDEX TO L.R.A. NOTES. 
 
 273 
 
 CONTRACTS, IV. a cont'd 
 
 Contract to pay an officer of a railroad 
 company for his own benefit, condi- 
 tioned on specified location of the road 
 or a depot. 6 L.R.A. (N.S.) 524; 25 
 L.R.A.(N.S.) 967. 
 
 Validity of contract of railroad to es- 
 tablish and maintain station. 15 
 L.R.A.(N.S.) 594; L.R.A.1916F, 691. 
 
 Validity, as afl'ected by public policy, of con- 
 tract by railroad company to maintain 
 private sidings. 17 L.R.A.(N.S.) 130. 
 
 Contract exempting railroad company from 
 liability for burning building upon its 
 right of way. 44 L.R.A. (N.S.) 1127. 
 
 96. with street railway. 
 
 Effect on liability of street railway for pav- 
 ing assessments of agreement at time 
 of extending tracks. 46 L.R.A. 196. 
 
 97. Contracts against liability. 
 
 Validity of carrier's limitation of liability, 
 see CARRIERS, 28, 29, 91, 128-135. 
 
 Validity of agreement by servant relieving 
 master from liability for injuries, see 
 MASTER AND SERVANT, 52, 53. 
 
 Contract limiting liability of telegraph com- 
 pany, see TELEGRAPHS, 20, 21. 
 
 Contract exempting railroad company from 
 liability for burning building upon its 
 right of way. 44 L.R.A. (N.S.) 1127. 
 
 97a. Agreements tending to Influ- 
 ence elections or appointment to 
 ottice. 
 
 Agreements tending to influence elections. 
 51 L.K.A.(N.S.) 549. 
 
 Agreements tending to influence appoint- 
 ments to office. 51 L.R.A. (N.S.) 554. 
 
 98. Affecting official action. 
 
 Contracts to procure location of railroad 
 
 or station, see supra, 95. 
 Contract to influence action of officer, see 
 
 infra, 100. 
 Contract to influence legislation, see infra, 
 
 102. 
 
 Validity of contract as affected by the fact 
 that its performance may involve the 
 necessity of procuring some action by 
 public officials. 18 L.R.A. (N.S.) 1161. 
 
 Validity of agreement by which compen- 
 sation is dependent on success in pro- 
 curing contract with public officer or 
 board. 39 L.R.A. (N.S.) 747; L.R.A. 
 19] 5C, 823. 
 
 Validity of contract to procure pardon, 
 parole, or commutation of sentence. 
 L.R.A. 1916D, 580. 
 
 Validity and effect of agreement among 
 banks to prevent competition for de- 
 posits of public money. 14 L.R.A. 
 (X.S.) 1052. 
 
 Contract as to location of public buildings. 
 4 L.R.A. (N.S.) 589; L.R.A.1916D, 727. 
 
 99. Contracts with public officers. 
 
 Contracts affecting appointment or election 
 
 to office, see supra, 97a. 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, IV. a cont'd 
 
 Liability of public officers on contracts 
 made by them for the public. 15 L.R.A. 
 509; 43 L.R.A. (N.S.) 565. 
 
 Charging public official with graft in 'pub- 
 lic contracts as libel or slander. 5 
 L.R.A. (N.S.) 498. 
 
 Validity of contract by public officer to 
 furnish police protection. 45 L.R.A. 
 (N.S.) 38. 
 
 99a. as to compensation. 
 
 Validity of contract as to fees in viola- 
 tion of law. 12 L.R.A. (N.S.) 612. 
 
 Agreement to pay more than legal salary 
 or fees of public officer or employee. 
 L.R.A.1917C, 1093. 
 
 Promise to accept less than compensation 
 fixed by law as affecting right to hold 
 office. L.R.A.1917B, 196. 
 
 Agreement to accept less than amount of 
 appropriation, salary or' fee. 36 L.R.A. 
 (N.S.) 244; L.R.A.1917B, 190. 
 
 Validity of agreement to divide fees or 
 salary of public officer. 43 L.R.A. 
 (N.S.) 422. 
 
 100. to influence action. 
 
 Contract to influence legislation, see infra, 
 102. 
 
 lOOa. contract in which officer is 
 personally interested. 
 
 Provision against officer being interested in 
 contract with public as extending to 
 corporation of which he is a stockholder 
 or officer. L.R.A.1917C, 1099. 
 Power of an officer to contract with the 
 public body or municipality which 
 he represents. 15 L.R.A. 520. 
 Obligation of municipality to pay for prop- 
 erty purchased from an officer or mem- 
 ber of board intrusted with the duty 
 of making purchases. 9 L.R.A. (N.S.) 
 1014. 
 
 Liability of municipality or other public 
 corporation on contract invalid because 
 executed with officer of municipality. 
 27 L.R.A.(N.S.) 1123; 46 L.R.A.(N.Sl) 
 921. 
 
 Obligation of public corporation to pay for 
 services rendered under contract 
 in which officer is personally in- 
 terested. 34 L.R.A.(N.S.) 129. 
 Effect of indirect interest of public officer 
 in performance of contract for construc- 
 tion of public improvement. 50 L.R.A. 
 (N.S.) 1140. 
 
 Appointment of member of body having ap- 
 pointive power. 31 L.R.A. (N.S. ) 575. 
 Power of municipal board or committee to 
 employ one of its own members as coun- 
 sel or to render other special services. 
 3 L.R.A. (N.S.) 849. 
 
 iOOb. for period extending beyond 
 term of office. 
 
 Power of public officers to make contracts 
 binding on their successors, or for 
 a term of years. 16 L.R.A. 257. 
 18
 
 274 
 
 INDEX TO L.R.A. NOTES. 
 
 < X TRACTS, IV. a cont'd 
 l'o\vr of board to appoint officer or to 
 make a contract for term extend- 
 iii" beyond its own term. -'.) 
 L.R.A. (N.S.) 652; L.R.A.191&E, 
 Wl. 
 
 May officer make a prospective appointment 
 the terra of which cannot begin until 
 after his own -term has expired. 26 
 L.R.A.(N.S.) 614. 
 
 101. for purchase or sale of office. 
 
 Validity of agreement made in considera- 
 tion of withdrawal of candidacy for 
 ..lli.v. 37 L.R.A.(N.S.) 289. 
 
 Injunction against enforcing contract to 
 obtain office. 48 L.R.A. 842. 
 
 102. For services to procure or de- 
 feat legislation. 
 
 Generally. 30 L.R.A. 737; 4 L.R.A.(N.S.) 
 213. 
 
 Condemnation of such contracts generally. 
 30 L.R.A. 738. 
 
 Contracts for legitimate professional serv- 
 ices upheld. 30 L.R.A. 738. 
 
 Contingent fee makes contract void. 30 
 L.R.A. 738. 
 
 Contract for personal influence or lobby 
 services. 30 L.R.A. 739. 
 
 Application of rules. 30 L.R.A. 741. 
 
 Power of municipality or governmental body 
 to use public funds to pay for services 
 in promoting the passage or securing 
 the defeat of a law. L.R.A.1917B, 358. 
 
 103. Contract to procure testimony. 
 
 Generally. 19 L.R.A. 371; 19 L.R.A.(N.S.) 
 
 372; 30 L.R.A. (N.S.) 278; L.R.A. 
 
 1918F, 1101. 
 Contracts for evidence to a particular 
 
 effect. 30 L.R.A.(N.S.) 278; L.R.A. 
 
 1918F, 1101. 
 Agreements for disclosure of information. 
 
 19 L.R.A. 372; 30 L.R.A. (N.S.) 279. 
 Agreements for ascertaining facts. 30 
 
 L.R.A.(N.S.) 279; L.R.A.1918F, 1102. 
 Agreements with witnesses generally. 19 
 
 L.R.A. 373. 
 
 Agreements to pay witnesses extra com- 
 pensation. 30 L.R.A. (N.S.) 280; L.R.A. 
 
 1918F, 1102. 
 Agreements with expert witnesses. 30 
 
 L.R.A. (N.S.) 281; L.R.A.1918F, 1102. 
 
 103a. Contracts as to place of ac- 
 tion. 
 
 Validity of provision in contract as to place 
 where action may be brought. L.R.A 
 1916D, 696. 
 
 ft. Fraud; unfair advantage. 
 
 104. Generally. 
 
 Enforceability of, or relief from, see infra, 
 
 119. 
 Fraud as ground for rescission, see infra, 
 
 1,33. 
 Rescission of sale of personalty for fraud, 
 
 see SALE, 67. 
 
 CONTRACTS, IV. b cont'd. 
 
 Rescission of contract for sale of land for 
 
 fraud, see VENDOR AND PUBCIIASKR, 
 
 22-25. 
 Contract with intoxicated person, see 
 
 DRUNKENNESS, 3, 4. 
 As to what constitutes fraud, see FBAUD 
 
 AND DECEIT, 4-12. 
 Conveyances in fraud of creditors, see 
 
 FRAUDULENT CONVEYANCES. 
 
 c. Gambling and wagering contracts. 
 
 105. Generally. 
 
 Enforcement of, or relief from, see infra, 
 
 H5. 
 
 As to betting, see BETTING. 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 4. 
 Criminal liability for gaming, see GAMING, 
 
 II. 
 Validity of wagering policy, see INSURANCE, 
 
 IV. 
 
 Legality of wagers. 18 L.R.A. 859. 
 
 Effect of transfer of negotiable instruments 
 to secure money for gambling purposes. 
 22 L.R.A. (N.S.) 627. 
 
 Negligence of telegraph company causing 
 discontinuance of contract terminable 
 at pleasure of other party thereto as 
 ground of liability. 29 L.R.A. (N.S.) 
 891. 
 
 Validity of new contract based on compro- 
 mise of illegal contract, 9 L.R.A. 
 (N.S.) 568. 
 
 Effect of award founded on gambling agree- 
 ment. 58 L.R.A. 182. 
 
 Right of party to gambling contract to tes- 
 tify as to his intent. 23 L.R.A. (N.S.) 
 398. 
 
 106. Dealings in futures or on mar- 
 gin. 
 
 Relief from, see infra, 116. 
 Transactions in bucket shops, see BUCKET 
 SHOP. 
 
 Effect of award based on transactions in. 
 58 L.R.A. 182. 
 
 Conflict of laws as to dealings in. 64 
 v L.R.A. 160. 
 
 Contracts for futures to be executed in oth- 
 er states as interstate commerce. 14 
 L.R.A. (N.S.) 1081. 
 
 Right of broker to recover commission or 
 advance in furthering wagering con- 
 tracts. 11 L.R.A. (N.S.) 575. 
 
 Inference as to character of transaction, 
 arising from fact that it was on mar- 
 gin. 22 L.R.A.(N.S.) 174. 
 
 d. In restraint of trade. 
 
 107. Generally. 
 
 Enforcement of, or relief from, see infra, 
 117. 
 
 Breach of contract, see infra, 131a. 
 
 Validity of agreements between druggists, 
 see DRUGS AND DRUGGISTS, 6. 
 
 Contract not to engage in practice as phy- 
 sician, see PHYSICIANS AND SURGEONS, 
 4 
 
 iritJi tins l>,,i. on evert/ Ian- question.
 
 INDEX TO L.R.A. NOTES. 
 
 CONTRACTS, IV. d cont'd 
 As to illegal monopolies and trusts, see 
 MONOPOLY AND COMBINATIONS. 
 
 Validity of agreement to sell entire output. 
 7 B. R. C. 551. 
 
 Validity of contracts in restraint of trade 
 without limitation of place. 22 
 L.R.A. 673. 
 
 Contract by selling shareholder not to en- 
 gage in business in competition with 
 corporation. 23 L.R.A. (N.S.) 50f.. 
 
 Validity of contract giving one an exclusive 
 right to handle goods in a given lo- 
 cality. 9 L.R.A. (N.S.) 501. 
 
 Validity of agreement to patronize particu- 
 lar concern exclusively. 42 .L.R.A. 
 (N.S.) 843. 
 
 Validity of stipulation to discontinue, or 
 not to engage in, a particular business, 
 when not ancillary to a lawful con- 
 tract. 6 L.R.A. (N.S.) 847. 
 
 Effect of incorporation of business by cov- 
 enantee on contract not to engage in 
 certain business. 9 L.R.A. (N.S.) 979. 
 
 Agreements collateral to contracts forming 
 illegal combinations, and the enforce- 
 ment thereof by members of such com- 
 binations. 41 L.R.A. (N.S.) 1034. 
 
 Provision in lease or deed against using or 
 leasing other property for competing 
 business. L.R.A.1918E, 665. 
 
 Provision in lease the purpose of which 
 is to assure lessee an exclusive right 
 to conduct a certain business on prem- 
 ises owned by lessor. L.R.A.1915C, 
 855. 
 
 108. Partial restraint. 
 
 Divisibility in respect of time or territorial 
 extent of contracts in restraint of 
 trade. 24 L.R.A. (N.S.) 942. 
 Validity of agreement in restraint of trade 
 or profession as affected by its ter- 
 ritorial scope. 24 L.R.A. (N.S.) 
 913; L.R.A.1916C, 626. 
 Agreement by employee not to engage 
 in competing business. 24 L.R.A. 
 (N. S.) 933; 40 L.R.A. (N.S.) 473. 
 
 109. Agreements by employee. 
 
 Enforcement of, or relief from, see infra, 
 
 H8. 
 
 Contracts for permanent employment. 35 
 
 L.F..A. 512; 50 L.R.A. (N.S.) 453. 
 Validity of agreement by employee not to 
 engage in business iu competition 
 with employee. 6 L.R.A. (N.S.) 892. 
 As affecting by its scope in time and 
 territorial "extent. 24 L.R.A. (N.S.) 
 933; 40 L.R.A.(N.S.) 473. 
 Entering another's employment as breach 
 of covenant not to engage in rival 
 business. 20 L.R.A. (N.S.) 769. 
 Validity of contract restraining practice of 
 one's profession after expiration of 
 term of service with another. 26 L.R.A. 
 (N.S.) 96]. 
 
 e. Ratification. 
 
 110. Generally. 
 
 Ratification of public contract, see infra, 
 
 163. 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, IV. e cont'd. 
 By corporation, see CORPORATIONS, 34. 
 Ratification of agent's contract, see PRIN- 
 CIPAL AND AGENT, 28-31. 
 
 Of contract between corporations having 
 common directors or officers. 33 L.R.A. 
 790. 
 
 Of contract to supply city with water. 61 
 L.R.A. 74. 
 
 Of sale of expectancy by prospective heir. 
 33 L.R.A. 283. 
 
 Of contract made with intoxicated person. 
 54 L.R.A. 448; 25 L.R.A. (N.S.) 600: 
 L.R.A.1915B, 1123. 
 
 Of invalid sale of pledged property. 43 
 L.R.A. 700. 
 
 Necessity and effect of ratifying sale or 
 mortgage of future crops. 23 L.R.A. 
 453. 
 
 Of real estate broker's acts in finding pur- 
 chaser or effecting exchange of pur- 
 chaser's property. 44 L.R.A. 618. 
 
 Ratification by school district of unauthor- 
 ized contracts. 20 L.R.A. 136. 
 
 Necessity of consideration to sustain ratifi- 
 cation of unauthorized alteration. 
 39 L.R.A. (N.S.) 131. 
 
 111. Of married woman's contract. 
 
 Husband's liability by reason of ratifica- 
 tion for wife's purchases on his credit 
 of articles for personal use. 65 L.R.A. 
 549; 47 L.R.A.(N.S.) 282. 
 
 By husband's express promise to pay debt 
 contracted by wife. 7 L.R.A. (N.S.) 
 1048. 
 
 By woman's promise after discoverture to 
 pay debt incurred during coverture. 7 
 L.R.A. (N.S.) 1053. 
 
 /. Relief from, on enforcement of. 
 
 112. Generally. 
 
 In case of foreign corporation not comply- 
 ing with statutory requirements, see 
 CORPORATIONS, 148. 
 
 Actions on contracts generally, see infra, 
 VII. 
 
 Injunction against enforcing illegal con- 
 tract. 48 L.R.A. 842. 
 
 Invalidity of contract as ground for in- 
 junction against judgment on. 31 
 L.R.A. 758. 
 
 Invalidity of contract as ground for in- 
 right of innocent third person to en- 
 force it. L.R.A.1917C, 586. 
 
 Maxim that one must come into equity with 
 clean hands as affecting one who has 
 violated or induced another to violate 
 an invalid contract. L.R.A. 1915A. 
 820. 
 
 Power of court to require accounting be- 
 tween members of partnership which is 
 illegal or void or which has been en- 
 sjaced in illegal business. 23 L.R.A. 
 (N.S.) 478; L.R.A.1917A, 446. 
 
 Right of principal who has placed money in 
 hands of agent for illegal purpose to 
 compel its return. 13 L.R.A. (N.S.) 
 267.
 
 276 
 
 1NDKX 10 L.R.A. NOTES. 
 
 CONTRACTS, IV. f cont'd 
 Right of maker or indorser of bill or note 
 for illegal consideration to affirmative 
 relief. L.R.A.1918D, 941. 
 
 Right to refuse payment of draft the pro- j Right to quantum meruit for services rcn- 
 ceeds of which are used in an illegal dered under parol contract unenforce- 
 
 able because not to be performed with- 
 L.R.A.1916D, 895. 
 
 CONTRACTS, IV. f cont'd 
 
 Pursuit of remedies on contracts in busi- 
 
 ne-s which it is a misdemeanor to 
 transact. 12 L.ll.A.i N.S.) (ii'D. 
 
 transaction. 39 L.R.A. (N.S.) 1005. 
 1 light of vendor in conditional sale to re- 
 cover property as affected by his 
 knowledge that the purchaser intended 
 to make an unlawful use of it. 40 
 L.R.A.(N.S.) 967. 
 
 Right to maintain action for prize offered 
 in prize contest. 33 L.R.A. (N.S.) 305. 
 
 Right of subscriber to lottery scheme to re- 
 cover his subscription. 16 L.R.A. (N.S.) 
 671. 
 
 Right to recover on quantum meruit for 
 service performed or materials fur- 
 nished under express contract, invalid 
 because the minds of the parties did 
 not meet as to its terms. 26 L.R.A. 
 (N.S.) 810. 
 
 Right of attorney to recover on quantum 
 meruit for services rendered under il- 
 legal or champertous contract. 2 
 L.R.A.(N.S.) 261; 38 L.R,A.(N.S.) 
 1202. 
 
 Effect of solicitation of business by attor- 
 ney to render contract of employment 
 obtained thereby unenforceable. L.R.A. 
 191713, 1129. 
 
 Effect of illegality in contract on right to 
 recover loss of profits from breach. 
 53 L.R.A. 111. 
 
 Effect of illegality of contract on rights of 
 beneficiaries in contractor's bond to 
 owner against sureties. 27 L.R.A. 
 (N.S.) 597. 
 
 Effect of illegality of contract of sale or 
 purchase on right to recover profits lost 
 by breach. 52 L.R.A. 260. 
 
 Right to recover back money loaned for the 
 purpose of being used in an illegal 
 transaction, or with knowledge of bor- 
 rower's intention so to use it. L.R.A 
 1918C, 247. 
 
 Right to recover back money paid to sup- 
 press a threatened prosecution for a 
 crime. L.R.A.1918C, 73. 
 
 Recovery of money loaned a county on in- 
 valid contract to pay its- indebtedness. 
 15 L.R.A. (N.S.) 567. 
 
 Obligation of municipality to pay for prop- 
 erty purchased from an officer or mem- 
 ber of board intrusted with the duty of 
 making purchases. 9 L.R.A. (N.S.) 
 1014. 
 
 Liability ot municipality or other public 
 corporation on contract invalid because 
 executed with officer of municipality 
 27 L.R.A.(N.S.) 1123; 46 L.R.A. (N.S.) 
 HU 
 
 Equitable enforcement for limited time to 
 prevent public inconvenience, though 
 contract is against public policy. 1 
 L.R.A.(N.S.) 1032. 
 
 Recovery on contract for sale of fertilizer 
 where statutory regulations had not 
 been complied with. 43 L.R 4 (NS ) 
 1109. 
 
 Begin trilh this booh on evert/ laic question. 
 
 in year. 
 
 Parol evidence to show that instrument was: 
 intended to operate as a mortgage or 
 pledge where party to written instru- 
 ment importing an absolute conveyance 
 seeks relief on ground of fraud, acci- 
 dent or mistake. L.R.A.1916B, 31. 
 
 113. Doctrine of in par! dclicto. 
 
 Application of doctrine in pari delicto where 
 rescission of Sunday contract is sought. 
 L.R.A.1917D, 450. 
 
 Allowing injunction in favor of party in 
 pari delicto against enforcing or other- 
 wise proceeding against illegal con- 
 tract. 48 L.R.A. 842. 
 
 Injunction against negotiation of note 
 where parties are in pari delicto. 28 
 L.R.A. 579. 
 
 Effect of rule as to parties in pari delicto 
 where note is transferred to a bona fide 
 holder. 27 L.R.A. 520. 
 
 Effect of the doctrine in pari delicto on 
 remedies which parties to an ultra 
 vires contract are entitled to pursue 
 apart from an action on the contract 
 itself. L.R.A.1917A, 1045. 
 
 Remedies on contracts in business which it 
 is a misdemeanor to transact where 
 both parties are in pari delicto. 12 
 L.R.A.(N.S.) 620. 
 
 114. Recovery of purchase price of 
 property sold for unlawful pur- 
 pose. 
 
 Goods sold to smugglers. 15 L.R.A. 834. 
 Sales in aid of rebellion. 15 L.R.A. 834. 
 Sales in aid of lotteries or gambling. 15 
 
 L.R.A. 836. 
 Sales of intoxicating liquors for illegal 
 
 uses. 15 L.R.A. 83(>. 
 Sale of goods to keeper or inmate of house 
 
 of ill-fame. L.R.A.1917B, 1168. 
 
 115. Gambling and wager contracts. 
 
 Injunction against enforcement of betting 
 and gambling contracts. 48 L.R.A. 844. 
 
 Injunction against judgment for gambling 
 debts. 30 L.R.A. 240; 31 L.R.A. 759. 
 
 Right of broker to recover commissions or 
 advances made in furthering wagering 
 contract. 11 L.R.A. (N.S.) 575. 
 
 Right to recover back money loaned for the 
 purpose of being used in wagering 
 transaction or with knowledge of bor- 
 rower's intention so to use it. L.R.A. 
 1918C, 247. 
 
 Liability of stakeholder or depositary of 
 funds to be held in connection with il- 
 legal transaction. L.R.A.1918F, 972. 
 
 116. contract as to futures. 
 
 Right of principal who has placed money in 
 hands of broker for dealing in futures 
 to compel its return. 13 L.R.A. (N.S.) 
 267.
 
 INDEX TO L.R.A. NOTES. 
 
 277 
 
 CONTRACTS, IV. f cont'd 
 
 117. Contracts in restraint of trade. 
 
 Restraining use of secrets of trade. 13 
 L.R.A. 652. 
 
 Power to prohibit stipulation forbidding 
 purchaser to handle goods of other 
 dealers. 11 L.R.A. (N.S.) 90S. 
 
 Effect of invalid provision for an exclusive 
 agency upon right to recover for goods 
 purchased under the contract. 6 L.R.A. 
 (N.S.) 547. 
 
 Injunction to prevent breach of stipulation 
 to handle or use the product of one 
 producer only. 10 L.R.A. (N.S.) 475. 
 
 Remedy by injunction to restrain the viola- 
 tion of an agreement not to practice 
 medicine or surgery within a certain 
 territory. L.R.A.1915B, 206. 
 
 118. agreements by employee. 
 
 Injunction against breach of contract, see 
 IXJUNCTION, 14. 
 
 Is servant bound by restrictive provision 
 against conducting rival business where 
 he is wrongfully discharged. 1 B. R. 
 C. 502. 
 
 119. Fraud. 
 
 Fraud as ground for rescission, see infra, 
 
 153. 
 Relief or remedies in case of transfer in 
 
 fraud of creditors, see FRAUDULENT 
 
 CONVEYANCES, 24-26. 
 
 Failure to read contract as affecting right 
 to assert fraud in respect thereto. 6 
 L.R.A. (N.S.) 463; L.R.A.1917F, 637. 
 
 Relief to party defrauded by fraudulent 
 scheme, where he went into it with in- 
 tent to defraud others. 5 L.R.A. (N.S.) 
 900. 
 
 Secret bonus to officer or director of corpo- 
 ration as affecting right to enforce con- 
 tract against corporation. 7 L.R.A. 
 (N.S.) 467. 
 
 Right to recover on quantum meruit for 
 conveyed to avoid nonexistent or un- 
 founded demand. 1 L.R.A. (N.S.) 1007. 
 
 Right to recover on quantum meruit for 
 services performed or materials fur- 
 nished under express contract invalid 
 because the minds of the parties did 
 not meet as to its terms. 26 L.R.A. 
 (N.S.) 810. 
 
 Parol evidence to show that instrument was 
 intended to operate as a mortgage or 
 pledge where party to written instru- 
 ment importing an absolute conveyance 
 seeks relief on the ground of fraud. 
 L.R.A.1916B, 31. 
 
 12 a. Parties living in illicit rela- 
 tions. 
 
 Right to recover for household services 
 rendered while parties were living 
 in illicit relations. 29 L.R.A. 
 (N.S.) 787; L.R.A.1917B, 683. 
 
 Right to invoke aid of court to determine 
 rights to property accumulated in 
 common by parties living in illicit 
 relations. 36 L.R.A. (N.S.) 838. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, IV. f cont'd 
 
 Right to recover what has been paid or 
 transferred in consideration of illicit 
 relations. 47 L.R.A. (N.S.) 592. 
 
 V. Performance ; breach, 
 a. In general. 
 1. Generally. 
 
 121. Generally. 
 
 As to special agreement to pay in gold or 
 silve'r, see supra, 89. 
 
 Performance of broker's contract, see BROK- 
 ERS, 12. 
 
 Of contract of transportation, see CARRIERS, 
 36-48. 
 
 Compliance by insured with provision in 
 lire policy as to keeping, producing, and 
 preserving books and papers. 51 
 L.R.A. 700, 703, 712. 
 
 Admissibility of books of account to prove. 
 52 L.R.A. 714. 
 
 Performance of contract for permanent em- 
 ployment. 35 L.R.A. 516; 50 L.R.A. 
 (N.S.) 453. 
 
 Right of one who completes, in disregard of 
 notice to desist. 16 L.R.A. 655. 
 
 Guaranty of performance of contract of 
 agency. 16 L.R.A. (N.S.) 369. 
 
 Liability of infant for tort in performance 
 of contract. 57 L.R.A. 680; 35 L.R.A. 
 (N.S.) 574. 
 
 Necessity of perfecting title before time for 
 performance in order to hold vendee 
 3 L.R.A. (N.S.) 103. 
 
 Gift as a fraud on contract to will prop- 
 erty. 20 L.R.A. (N.S.) 1154. 
 
 Mandamus to compel municipality, officer, 
 or board to perform duty resting in 
 contract alone. 20 L.R.A. (N.S.) 801. 
 
 Pleading performance or readiness to per- 
 form contract in action for damages for 
 wrongful discharge of servant. 6 
 L.R.A.(N.S.) 67. 
 
 122. Recovery for extra work. 
 
 On building contract, see infra, 134. 
 Servant's right to compensation for, see 
 MASTER AND SERVANT, 27. 
 
 Right of partner to compensation for ex- 
 traordinary services. 17 L.R.A. (N.S.) 
 385; L.R.A.1917F, 575. 
 
 2. Excuse for failure to perform. 
 
 123. Generally. 
 
 Of building or construction contract, see 
 infra, 135. 
 
 Excuses for noncompliance with special con- 
 tract as to delivery of telegram. 53 
 L.R.A. 736. 
 
 Excuse for failure of grantee to perform 
 agreement to support. L.R.A.1917E, 
 658. 
 
 Imprisonment of one of the parties to a con- 
 tract as affecting rights and obligations 
 thereunder. L.R.A.1917F, 628.
 
 278 
 
 INDEX TO L.R.A. NOTES. 
 
 CONTRACTS, V. a, 2 cont'd 
 
 ( 'instruction and effect of "strike"' clause in 
 contract of sale and delivery. 9 L.R.A. 
 VS.) 1187. 
 
 Effect upon contract obligation of failure 
 of third person to take action essential 
 to performance. 33 L.R.A. (N.S.) 698. 
 
 % 124. Impossibility of performance. 
 
 Effect of inability to perform on right to 
 specific performance, see SPECIFIC PER- 
 FORMANCE, 20. 
 
 Effect of intervening impossibility to per- 
 form. 14 L.R.A. 215; L.R.A.1916F, 10. 
 
 Imprisonment of one of the parties to a con- 
 tract as affecting right and obligations 
 thereunder. L.R.A.1917F, 628. 
 
 124a. passage of statute. 
 
 Effect of passage, before expiration of time 
 for performance of contract, of statute 
 rendering performance impossible. 10 
 L.R.A.(N.S.) 415; 41 L.R.A. (N.S.) 
 559; L.R.A.1916F, 66. 
 
 Effect on lease of property for saloon of 
 passage of prohibitory laws during the 
 term. 23 L.R.A. (N.S.) 497; 34 L.R.A. 
 (N.S.) 773; L.R.A.1917C, 935. 
 
 Rights and remedies where agreement by 
 carriers to issue passes is impossible of 
 performance because of subsequent leg- 
 islation. 49 L.R.A. (N.S.) 848. 
 
 125. sickness or death. 
 
 Termination of contract of employment by 
 death of party, see MASTER AND SERV- 
 ANT, 37. 
 
 Sickness or physical disability as excuse for 
 
 nonperformanoe of contract. 
 217; L.R.A.1916F, 79. 
 
 14 L.R.A. 
 
 Recovery for services interrupted by sick- 
 
 ness or death. 16 L.R.A. 858. 
 Effect on contract of the death of a party 
 
 thereto. 23 
 (N.S.) 349. 
 
 L.R.A. 707; 45 L.R.A. 
 
 126. Prevention or hindrance by 
 other party. 
 
 Nonperformance of condition precedent as 
 exonerating other party. 30 L.R.A. 
 39. 
 
 Excuse for not performing conditions prece- 
 dent to rescission or abandonment for 
 other party's default. 30 L.R.A. 40. 
 
 Effect of preventing performance on right 
 to recover for profits lost by breach 
 of contract. 53 L.R.A. 59. 
 
 Right to rescind or abandon partially per- 
 formed contract for other party's de- 
 fault. 30 L.R.A. 47. 
 
 Right of grantor to rescind deed executed in 
 consideration of future support where 
 performance by grantee is, without 
 fault on his part, prevented bv grantor. 
 25 L.R.A.(N.S.) 932. 
 
 Effect of grantor leaving place of perform- 
 ance as excuse for failure of grantee to 
 perform agreement to support. L.R.A. 
 1917E, 659. 
 
 Begin irith thi boo/,: on cveiij law question. 
 
 CpNTRACTS, V. a, 2 cont'd 
 
 Right to rescind or abandon contract bc- 
 oause of failure or inability of other 
 party to perform within time desig- 
 nated, where time is not of the essence 
 of the contract. 21 L.R.A. (N.S.) 691. 
 
 Failure of buyer to furnish receptacles as 
 provided in contract. L.R.A. 1916D, 
 730. 
 
 f?. Incomplete performance; sufficiency 
 of performance. 
 
 127. Generally. 
 
 Of building or construction contract, see 
 infra, 136-138. 
 
 Substantial performance by employer of 
 contract for permanent employment. 
 35 L.R.A. 516. 
 
 Effect of partial performance of contract to 
 obviate lack of mutuality. 8 L.R.A. 
 (N.S.) 433. 
 
 Right to rescind or abandon partially per- 
 /ormed contract for other partv's de- 
 fault. 30 L.R.A. 47. 
 
 Sufficiency of performance by contractor 
 agreeing to dig well as to the quantity 
 or quality of water furnished thereby. 
 L.R.A.1918A, 1087. 
 
 Effect of partial performance on relief of 
 grantor in conveyance in consideration 
 of agreement to support, which is 
 broken by grantee. 43 L.R.A. (N.S.) 
 928; L.R.A.1917D, 627. 
 
 128. Effect of part performance of 
 contract for services. 
 
 Discharge for cause. 24 L.R.A. 23.1. - 
 
 Discharge without cause. 24 L.R.A. 231. 
 
 Accord and satisfaction, and consent. 24 
 24 L.R.A. 233. 
 
 Forfeiture. 24 L.R.A. 233. 
 
 Infants. 24 L.R.A. 233. 
 
 Time for payment. 24 L.R.A. 233. 
 
 Slaves. 24 L.R.A. 233. 
 
 Abandonment by employee without cause. 
 24 L.R.A. 234. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed with- 
 in a year. L.R.A.1916D, 895. 
 
 V 
 
 129. Recovery on part performance; 
 quantum meruit. 
 
 Right to recover for services performed un- 
 der oral contract to give property by 
 will, see supra, 33. 
 
 Recovery on illegal contract, see supra, 
 112-120. 
 
 On building or construction contract, see 
 infra, 137, 138. 
 
 Garnishment of claims on quantum meruit. 
 
 59 L.R.A. 374. 
 Right of party rescinding to recover for 
 
 what he has done. 30 L.R.A. 49. 
 Right to recover for services rendered on 
 
 rescission or abandonment of contract. 
 
 30 L.R.A. 52. 
 Recovery on quantum meruit on discharge 
 
 without cause. 24 L.R.A. 232.
 
 INDEX TO L.R.A. NOTES. 
 
 279 
 
 CONTRACTS, V. a, 3 cont'd 
 
 Recovery on quantum meruit of attorney 
 discharged without cause before com- 
 pleting service or before expiration of 
 time for which he was employed. 
 L.R.A.1917F, 406. 
 
 Right of attorney to recover on quantum 
 meruit for services rendered under ille- 
 gal or champertous contract. 2 L.R.A. 
 (N.S.) 261; 38 L.R.A. (N.S.) 1202. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed with- 
 in a year. L.R.A.1916D, 895. 
 
 As remedy for wrongfully discharged serv- 
 ant. 5 L.R.A.(N.S.) 582. 
 
 Infant's right to repudiate contract for 
 services and recover on quantum, mer- 
 uit. 15 L.R.A. 211. 
 
 Right to recover on, for services performed 
 or materials furnished under express 
 contract, invalid because the minds of 
 the parties did not meet as to the 
 terms thereof. 26 L.R.A. (N.S.) 810. 
 
 Right of one who breaks contract to sup- 
 port another for life, to recover on 
 quantum meruit. 14 L.R.A. (N.S.) 537. 
 
 Right of public officer to be paid quantum 
 meruit. 17 L.R.A. (N.S.) 1263. 
 
 Right of officer personally interested in con- 
 tract with public corporation to recov- 
 er on quantum meriiit for services ren- 
 dered. 34 L.R.A.(N.S.) 131, 136. 
 
 Recovery on quantum meruit for value of 
 services of broker employed for defi- 
 nite period who claims revocation of 
 his authority. 38 L.R.A. (N.S.) 369. 
 
 Part performance entitling one to reward 
 offered for procuring arrest. 7 L.R.A. 
 (N.S.) 217. 
 
 Recovering for services and expenses under 
 running contract with corporation end- 
 ed by its insolvency and dissolution. 
 69 L.R.A. 124. 
 
 Right tc recover for services rendered be- 
 yond statutory period of limitation on 
 breach of parol 'contract to make pro- 
 vision by will. 6 L.R.A. (N.S.) 703. 
 
 130. Acceptance. 
 
 Of building or construction contract, see 
 infra, 139. 
 
 Of option contract, what is. 21 L.R.A. 131. 
 4. Breach. 
 
 131. Generally. 
 
 Excuse for nonpcrformance, see supra, 
 123-126; infra, 135, 135a. 
 
 Rescission or abandonment because of other 
 party's default, see infra, 152. 
 
 Of agreements to arbitrate, see ARBITRA- 
 TION, 3 a. 
 
 Of automobile distribution contract, see 
 AUTOMBILES, 11. 
 
 Breach of marriage promise, see BREACH OF 
 PROMISE. 
 
 Action on the ca.se for, see CASE, 2. 
 
 Breach of conditions subsequent, see CONDI- 
 TIONS, 11-13. 
 
 Measure of damages for breach of contract, 
 see DAMAGES, 5, 21-40, 114-118. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, V. a, 4 cont'd 
 
 Penalty or liquidated damages in case of 
 
 breach, see DAMAGES, 38-40. 
 Injunction against breach, see INJUNCTION, 
 
 7-14. 
 
 Of contract to make loan, see LOAN, 5. 
 Negligent breach, see NEGLIGENCE, 5. 
 Breach of contract to support, see SUPPORT, 
 
 May action for alienation of affections rest 
 upon a breach of contract. L.R.A. 
 1917B, 680. 
 
 Action for money had and received as prop- 
 er remedy to recover damages for 
 breach of contract. L.R.A.1918E, 781. 
 
 Maxim that one must come into equity with 
 clean hands as affecting one who has 
 violated an invalid or unenforceable 
 contract. L.R.A.1915A, 820. 
 
 Right of promoter to recover damages for 
 breach of promotion agreements. 
 L.R.A.1918E, 845. 
 
 Garnishment of damages for. 59 L.R.A. 
 359. 
 
 Breach of contract to supply city with 
 water. 61 L.R.A. 70. 
 
 Breach of contract to assume debts on dis- 
 solution of partnership. 9 L.R.A. 
 (N.S.) 105; 48 L.R.A. (N.S.) 547. 
 
 Breach of contemporaneous agreement as 
 defense to promissory note. 43 L.R.A. 
 449. 
 
 Sufficiency of general allegations of negli- 
 gence. 59 L.R.A. 267. 
 
 Set-off of damages for breach in bankrupt- 
 cy cases. 55 L.R.A. 37, 58. 
 
 Action for breach of option contract. 21 
 L.R.A. 132. 
 
 Right to abandon performance and recover 
 for breach of other party. 30 L.R.A. 
 54. 
 
 Anticipatory breach of contract as basis 
 of suit for specific performance. 36 
 L.R.A.(N.S.) 408. 
 
 Damages for anticipatory breach of con- 
 tract as provable claim in bankruptcy. 
 L.R.A.1917B, 585; L.R.A.1918A, 545/ 
 
 Right of seller, upon breach of an*fexecutory 
 contract, to maintain an action for the 
 contract price. 17 L.R.A.(N.S.) 808: 
 26 L.R.A.(N.S.) 248. 
 
 Jurisdiction of action at law for damages 
 for breach of contract as to real prop- 
 erty in another state or country. 2(5 
 L.R.A.(N.S.) 928; 44 L.R.A. (N.Si) 267. 
 
 Parents' common-law right of action for 
 loss of services of child killed where 
 injury consists of a breach of contract. 
 41 L.R.A. 815. 
 
 Tort for negligent breach of contract be- 
 tween private parties. 12 L.R.A. (N.S.) 
 924. 
 
 Remedy of wrongfully discharged servant by 
 action for damages for breach of con- 
 tract. 6 L.R.A.(N.S.) 49. 
 
 Right to defend action on stated account, 
 by showing breach of contract on 
 which founded. 6 L.R.A. (N.S.) 820. 
 
 Liability for breach of contract to lease 
 building when completed. 35 L.R.A. 
 (N.S.) 426.
 
 '2 SO 
 
 INDKX TO I-.K.A. NOTES. 
 
 CONTRACTS, V. a, 4 coin M 
 
 Liability of individuals having contracts 
 
 with the same person for combining to 
 
 breach the same. L.R.A.1918C, 151. 
 Constitutionality of imprisonment for 
 
 lu-t-acli of ('out met of labor or rental. 
 
 21 L.R.A. (N.S.) -24-2. 
 
 13 la. Of conn-art not to engage In 
 rival husiiH-s-i. 
 
 Kiitcring another's employment as breach 
 of covenant not to engage in rival busi- 
 ness. -20 L.R.A.(N.S.) 769; 40 L.R.A. 
 (N.S.) 1191. 
 
 1. ending money to competitor of covenantee 
 ;is In-each of covenant not to engage in 
 business. L.R.A.1915B, 1204. 
 
 Dealings within specified area from estab- 
 lishment outside as breach of covenant 
 not to engage in business or to prac- 
 tice professionally within such area. 6 
 B. R. C. 565. 
 
 5. Time of performance. 
 
 132. Generally. 
 
 Construction of contract as to, see supra, 
 
 63. 
 Provision for penalty or liquidated damages 
 
 in case of delay, see DAMAGES, 38-40. 
 
 Extension of time when last day of per- 
 formance falls on Sunday. 14 L.R.A. 
 120. 
 
 Effect of day for payment falling on Sun- 
 day. 3 B. R. C. '678. 
 
 Effect of waiver without new consideration 
 of time clause in a building contract. 
 50 L.R.A.(N.S.) 501. 
 
 Of performance of real estate brokers's con- 
 tract to find purchaser or effect ex- 
 change of principal's property. 44 
 L.R.A. 608. 
 
 Right to rescind or abandon contract be- 
 cause of failure or inability of other 
 party to perform within the time desig- 
 nated where time is not of the essence 
 of the contract. 21 L.R.A.(N.S.) 691. 
 
 Time for completion of road under provision 
 in deed to railroad for construction of 
 road when time for completion is not 
 fixed. 32 L.R.A. (N.S.) 120. 
 
 Admissibility of extrinsic evidence as to 
 time for delivery of goods where none 
 is specified in written contract. 31 
 L.R.A.(N.S.) 619; L.R.A.1916B, 1039. 
 
 ft. Bunding and const ruction contracts. 
 
 g 133. Generally. 
 
 Measure of damages for breach of, see DAM- 
 AGES, 22a. 
 
 Effect of waiver without new consideration 
 of time clause in a building contract. 
 r >0 L.Pv.A.(X.S.) 501. 
 
 Promises of additional compensation for 
 completing an executory contract other 
 than for payment of money. 34 L.R.A. 
 138; 11 L.R.A.(N.S.) 789; 28 L.R.A. 
 (X.S.) 450. 
 
 in'f/i tins book on every law question. 
 
 CONTRACTS, V. b cont'd. 
 
 Effect of change of conditions from natural 
 causes after completion of construction 
 contract, 17 L.R.A. (N.S.) 698. 
 
 Duty of building contractor to protect, work 
 'from freezing. ]6 L.R.A.(N.S.) 801. 
 
 Effect of defective or insufficient plans upon 
 rights and liabilities of contractors and 
 subcontractors who do not expressly 
 warrant them. L.R.A.1915C, 671. 
 
 134. Recovery for extra work. 
 
 Construction of provision as to, see supra, 
 65a. 
 
 Recovery for extra work necessitated by in- 
 sufficient or defective plans. L.R.A. 
 1915C, 675. 
 
 135. Destruction of work and Its 
 effect. 
 
 Of subject-matter as excuse for nonperform- 
 ance of contract. 14 L.R.A. 216. 
 
 Who must bear loss caused by destruction 
 of building or other structure in proc- 
 ess of erection. 5 L.R.A. (N.S.) 1105; 
 22 L.R.A.(N.S.) 364; L.R.A.1917D, 
 1011. 
 
 Destruction of boom or dam by unprece- 
 dented flood as affecting liability of one 
 under contract to build and maintain 
 it. 35 L.R.A.(N.S.) 1109. 
 
 Liability of contractor to replace bridge 
 destroyed by unprecedented flood 
 against which he does not contract. 
 ]5 L.R.A. (N.S.) 833. 
 
 Effect of change of condition from natural 
 causes after completion of construction 
 contract. 17 L.R.A. (N.S.) 698. 
 
 135a. Excuses for noiiperforinance. 
 
 Destruction of subject-matter as, see supra, 
 135. 
 
 Delay in paying instalments as excusing 
 building contractor's delay in complet- 
 ing contract. 35 L.R.A. (N.S.) 1223. 
 
 Responsibility of contractor, under contract 
 for performance of entire work for 
 gross sum, for defective condition of 
 portion of completed work, due to in- 
 terference or directions of other party. 
 8 L.R.A.(N.S.) 1171. 
 
 136. Substantial performance. 
 
 Recovery on, see infra, 138. 
 
 137. Recovery on part performance; 
 quantum meruit. 
 
 Right of contractor to sue on quantum 
 meruit upon breach of construction 
 contract by other party thereto. 13 
 L.R.A.(N.S.) 448. 
 
 Right to recover on quantum meruit where 
 work on local improvement is defective. 
 56 L.R.A. 915. 
 
 Where contract is not fully executed be- 
 cause of defective plans. L.R.A.1915C, 
 f>77. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed with- 
 in a year. L.R.A.1916D, 895.
 
 INDEX TO L.R.A. NOTES. 
 
 281 
 
 CONTRACTS, V. b cont'd 
 
 Right to recover on quantum meruit for 
 services performed or material fur- 
 nished under express contract invalid 
 because the minds of the parties did 
 not meet as to terms thereof. 26 
 L.R.A.(N.S.) 810. 
 
 Right of sureties on contractor's bond who 
 perform contract on abandonment by 
 contractor, to moneys unpaid on con- 
 tract, as against the assignees or credit- 
 ors of contractor. 14 L.R.A. (N.S.) 457. 
 
 138. substantial performance. 
 
 General rule as to recovery. 24 L.R.A. 
 
 (N.S.) 332. 
 What constitutes substantial performance. 
 
 24 L.R.A. (N.S.) 336. 
 Measure of recovery. 24 L.R.A. (N.S. ) 351. 
 
 139. Acceptance; waiver of objec- 
 tions. 
 
 Use of building by owner as an acceptance 
 of work of construction or repair, and 
 as a waiver of known defects therein. 
 
 16 L.R.A.(N.S.) 489; 20 L.R.A. (N.S.) 
 872; L.R.A.1917C, 324. 
 
 Proceeding with work as waiver by con- 
 tractor of stipulations by other party 
 to furnish appliances or facilities for 
 the work. 37 L.R.A. (N.S.) 969. 
 
 Liability of contractor to third person for 
 defects in his work after acceptance. 
 26 L.R.A. 504; L.R.A.1915E, 766; 6 
 B. R. C. 249. 
 
 Waiver of stipulation that alterations or 
 extras must be ordered in writing. 48 
 L.R.A. (N.S.) 575, 586. 
 
 Effect of waiver without now consideration 
 of tiiiK! clause in a building contract. 
 50 L.R.A. (N.S.) 501. 
 
 140. Conditions; certificate of per- 
 formance. 
 
 Effect of stipulation to give satisfaction. 
 
 17 L.R.A. 207. 
 
 Necessity of referring to architect ques- 
 tions arising between owner and con- 
 tractor involving dereliction of duty 
 by the architect himself. 18 L.R.A. 
 (N.S.) 1248. 
 
 Liability of architect or engineer for negli- 
 gence in issuing certificates. 4 B. R. C. 
 859. 
 
 Personal liability of arbitrator. 42 L.R.A. 
 (N.S.) 279. 
 
 141. necessity for certificate. 
 
 Architect's certificate as condition precedent 
 to recovery. 11 L.R.A. 211. 
 
 Will full or substantial performance of a 
 construction contract excuse, as a mat- 
 ter of law, the failure to secure the 
 architect's or engineer's certificate re- 
 quired by the contract. 6 L.R.A. (N.S.) 
 774. 
 
 142. effect and conclusiveness ol 
 certificate, or decision . 
 
 Sufficiency of conditional or qualified archi- 
 tect's certificate. L.R.A.1918F, 377. 
 
 Effect of decision of architect, engineer, or 
 umpire in case of fraud or mistake. 
 1 L.R.A. (N.S.) 1050. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, V. b cont'd 
 
 Conclusiveness as between municipality and 
 contractor of decision of engineer or 
 other empowered officer as to matters 
 concerning contract for public improve- 
 ment. 23 L.R.A.(N.S.) 317. 
 
 VI. Change; extinguishment, 
 a. In general. 
 
 143. Generally. 
 
 Consideration for new agreements abro- 
 gating or altering prior contracts, see 
 supra, 7a. 
 
 Consent to change, see CONSENT, 2. 
 
 Effect of death of party on, see DEATH, 17. 
 
 Reformation of, see REFORMATION OF IN- 
 STRUMENTS. 
 
 Changing terms of offer of prize after efforts 
 to secure it have begun. 37 L.R.A. 
 (N.S.) 183. 
 
 Contract not to engage in certain business; 
 effect of incorporation of business by 
 covenantees. 9 L.R.A. (N.S.) 979. 
 
 Ignorance or carelessness, as affecting the 
 right to equitable relief from a con- 
 tract by which one has been over- 
 reached. 5 L.R.A. (N.S.) 799. 
 
 Revocability of mutual will viewed as 
 contract. 27 L.R.A. (N.S.) 511. 
 
 144. Modification. 
 
 Parol modification, see supra, 30. 
 
 Consideration for new agreements altering 
 prior contract, see supra, 7a. 
 
 Of contract containing stipulation that al- 
 terations or extras must be ordered in 
 writing, see supra, 65a. 
 
 Modification of contract to supply city with 
 water. 61 L.R.A. 73. 
 
 Modification of contract limiting initial car- 
 rier's undertaking to its own line. 31 
 L.R.A. (N.S.) 64. 
 
 Effect, upon mortgagor's obligation, of modi- 
 fication between mortgagee and subse- 
 quent grantee. 4 L.R.A. (N.S.) 666. 
 
 145. Abandonment. 
 
 Of contract containing stipulation that al- 
 tera^ions or extras must be ordered in 
 writing, see supra, 65a. 
 
 Consent to, see CONSENT, 2. 
 
 Abandonment of contract for service. 24 
 L.R.A. 231. 
 
 Of employment as defense to action by 
 wrongfully discharged servant for dam- 
 ages from breach of contract. 6 L.R.A 
 (N.S.) 74. 
 
 Right of servant to compensation in case 
 of abandonment of contract because of 
 physical disability. 28 L.R.A. (N.S.) 
 315. 
 
 Of bid for public contract. 26 L.R.A. 709. 
 
 Discretion in choosing between bidders for 
 public contract where first award ia 
 abandoned. 38 L.R.A. (N.S.) 665. 
 
 Right to abandon contract because of other 
 party's default. 30 L.R.A. 33.
 
 INDEX TO L.R.A. NOTES. 
 
 CONTRACTS, VI. a cont'd 
 
 Applicability of provision for stipulated 
 damages or penalty for delay in com- 
 pletion of contract where entire con- 
 tract is abandoned or repudiated. 20 
 L.R.A.(N.S-) 350; L.R.A.1916E, 1179. 
 
 Right to abandon contract because of fail- 
 ure or inability of other party to per- 
 form within the time designated, where 
 time is not of the essence of the con- 
 tract. 21 L.R.A.(N.S.) 691. 
 
 Necessity for placing in statu quo on 
 abandonment of contract for sale of 
 land. 30 L.R.A. 66. 
 
 Duty to restore or tender back what has 
 been received. 1 L.R.A. (N.S.) 379. 
 
 Kight of sureties on contractor's bond who 
 perform contract on abandonment by 
 contractor to money unpaid on con- 
 tract as acrainst assignees or creditors 
 of contractor. 14 L.R.A. (N.S.) 457; 
 L.R.A.1918A, 937. 
 
 Right to mechanics' lien for labor or ma- 
 terial furnished on order of architect 
 before abandonment of contract by con- 
 tractor. 20 L.R.A. (N.S.) 89. 
 
 Recovery by one who abandons a contract 
 for work or labor or services without 
 excuse or justification. L.R.A.1916E, 
 790. 
 
 8 146. Termination; survival. 
 
 Termination of contracts of employment, 
 see MASTER AND SERVANT, 34-46. 
 
 Effect of war to terminate contracts with 
 alien enemies. L.R.A.1917C, 662. 
 
 Of contract for hiring of convicts. 27 
 L.R.A. 609. 
 
 Effect on contract of death of a party there- 
 to. 45 L.R.A.(N.S.) 349. 
 
 Survival, after death of promisor, of con- 
 tract to pay for personal services ren- 
 dered to third person. 13 L.R.A. (N.S.) 
 643. 
 
 Termination of contract of employment by 
 death of one of the parties. 39 L.R.A. 
 (N.S.) 1187. 
 
 Termination of contract of employment con- 
 taining stipulations permitting rescis- 
 sion by employer if work is not satis- 
 factorily performed. 12 L.R.A. (N.S.) 
 403: 23 L.R.A. (N.S.) 1003. 
 
 Effect of workmen's compensation act to 
 terminate contracts relieving employers 
 from liability. L.R.A.1916A, 128. 
 
 147. Mistake as ground of equitable 
 relief. 
 
 As ground for rescission, see infra, 154. 
 
 Relief from mistake of law as to effect of 
 instrument. 28 L.R.A. (N.S.) 785. 
 
 Mistake in computation by contractor as 
 ground for relief. 10 L.R.A.(N.S.) 114: 
 L.R.A.1917D, 745. 
 
 148. evidence as to mistake. 
 
 Burden of proof as to. 5 L.R.A. 159.* 
 
 CONTRACTS, VI. a cont'd 
 
 Character of evidence to show mistake. 5 
 
 L.R.A. 159.* 
 Showing mistak-^ by parol proof. 5 L.R.A. 
 
 158;* 6 L.R.A. 838.* 
 
 ft. Rescission; cancelation. 
 
 149. Generally. 
 
 Of contract containing stipulation that al 
 
 terations or extras must be ordered in 
 
 writing, see supra, C5a. 
 Of agreement to arbitrate, see ARBITRATION, 
 
 3. 
 Cancelation of instruments generally, see 
 
 CANCELATION OF INSTRUMENTS- 
 Jurisdiction to cancel contract, see EQUITY. 
 
 15, 15a. 
 Right to rescission for breach of condition 
 
 subsequent, see CONDITIONS, 13. 
 Of deed, see DEEDS, 33, 33a. 
 Disaffirmance of contract by infant, see IN- 
 FANTS, 21, 22. 
 Of insurance policy, see INSURANCE, 49- 
 
 52. 
 Rescission of contract of employment, see 
 
 MASTER AND SERVANT, 38. 
 Of contract of sale of chattels, see SALE, 
 
 62-70. 
 Of contract for sale of real property, see 
 
 VENDOR AND PURCHASER, 22-25. 
 
 Rescinding agreements between promoters 
 of corporation. L.R.A.1918E, 839. 
 
 Rescission of contract to supply city with 
 water. 61 L.R.A. 73. 
 
 When sale of expectancy by prospective heir 
 will be set aside. 33 L.R.A. 278, 284. 
 
 Contracts of members of mutual fire insur- 
 ance companies. 32 L.R.A. 492. 
 
 Discretion to rescind award of public con- 
 tract to lowest responsible bidder. 38 
 L.R.A.(N.S.) 656. 
 
 Implied power of agent to assent to. 37 
 L.R.A.(N.S.) 91. 
 
 Cancelation of invalid contract as consid- 
 eration for a promise. 5 L.R.A. (N.S. ) 
 725. 
 
 150. Loss of right to rescind. 
 
 Acceptance of portion of instalment, as af- 
 fecting right to rescind continuing con- 
 tract for failure to deliver whole. 21 
 L.R.A.(N.S.) 864. 
 
 151. Grounds for. 
 
 Of insurance policy, see INSURANCE, 50. 
 
 Right of rescission of contract which is void 
 because made on Sunday. 17 L.R.A. 
 779; L.R.A.1917D, 450. 
 ! Expression of opinion as ground for rescis- 
 
 Beffin ivith this booTc on every law question. 
 
 sicn. 35 L.R.A. 434. 
 
 Right to rescind the taking of worthless 
 piper. 10 L.R.A.(N.S.) 552. 
 
 Cancelation of a deed for inadequacy of 
 consideration. L.R.A.1916D, 382. 
 
 Failure of consideration as ground for re- 
 lief of grantor in conveyance in con- 
 sideration to support which is broken 
 by grantee. 43 L.R.A. (N.S.) 926.
 
 INDEX TO L.R.A. MOTES. 
 
 283 
 
 CONTRACTS, VI. b cont'd. 
 
 Death of promisee before that of promisor 
 in agreement to make provision by will 
 as ground for rescission of contract. 
 L.R.A.1917D, 812. 
 
 152. default or inability of other 
 party to perform. 
 
 Generally. 30 L.R.A. 33. 
 
 Right to rescind contract without liability 
 for nonperformance. 30 L.R.A. 40. 
 
 Party seeking to rescind must not be in de- 
 fault. 30 L.R.A. 48. 
 
 Right of party rescinding to recover for 
 what he has done. 30 L.R.A. 49. 
 
 Right to abandon performance and recover 
 for breach. 30 L.R.A. 54. 
 
 What will warrant rescission. 30 L.R.A. 
 59. 
 
 Application of above rules to various kinds 
 of contracts. 30 L.R.A. 64. 
 
 Right to rescind for failure or inability of 
 other party to perform within time 
 designated, where time is not of the 
 essence of the contract. 21 L.R.A. 
 (N.S.) 691. 
 
 Right to rescind contract because of antici- 
 pated inability of other party to com- 
 plete the same within the time limit. 
 41 L.R.A. (N.S.) 60. 
 
 Relief of grantor in conveyance in consid- 
 eration of agreement to support which 
 is broken by grantee. L.R.A.1917D, 
 627. 
 
 153. fraud. 
 
 Invalidity of contract for fraud, see supra, 
 104. 
 
 Relief generally on ground of fraud, see 
 supra, 119. 
 
 Rescission of subscription to stock for fraud 
 or misrepresentation, see CORPORATIONS, 
 79. 
 
 Rescission of deed, see DEEDS, 33a. 
 
 Jurisdiction of equity to cancel instruments, 
 see EQUITY, 15a. 
 
 As to fraud, generally, see FRAUD AND DE- 
 CEIT. 
 
 Transfers in fraud of creditors, see FRAUDU- 
 LENT CONVEYANCES. 
 
 Rescission of sale for fraud, see SALE, 67. 
 
 Right to avoid contract because of mistake 
 as to identity of other party, induced 
 by fraud. L.R.A.1916D, 801. 
 
 Rescission for fraud of compromise of void, 
 invalid, or unfounded claim. 25 L.R.A. 
 (N.S.) 308. 
 
 154. mistake. 
 
 Reformation or rescission of contract be- 
 cause of mistake of law as to its effect. 
 28 L.R.A.(N.S.) 900. 
 
 Right to avoid, because of mistake as to 
 identity of other party thereto. L.R.A. 
 
 Right to rescind for mutual mistake as 
 affected by circumstance that contract 
 has become executed. 5 B. R. C. 805. 
 1916D, 801. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CONTRACTS, VI. b cont'd. 
 
 Assignment or surrender of policy of life 
 insurance, in ignorance of the death of 
 the insured, as subject to rescission as 
 having been made under a mistake of 
 fact. 5 B. R. C. 797. 
 
 155. Conditions; promptness; re- 
 storing benefits. 
 
 To rescission of insurance policy, see IN- 
 SURANCE, 51. 
 
 Conditions precedent to rescission for other 
 party's default. 30 L.R.A. 36. 
 
 156. restoring benefits. 
 
 Duty to place other party in statu quo. 30 
 L.R.A. 44. 
 
 Necessity for placing in statu quo on re- 
 scission of contract for sale of land. 
 30 L.R.A. 66. 
 
 Necessity for returning consideration in 
 order to disaffirm infant's contract. 26 
 L.R.A. 177. 
 
 Return or tender of consideration for release 
 of claim for personal injuries set aside 
 on ground of fraud. 35 L.R.A. (N.S.) 
 660; L.R.A.1918F, 1073. 
 
 Return of consideration as condition of de- 
 fending against contract because made 
 on Sunday. 5 L.R.A. (N.S.) 295. 
 
 Necessity of returning in specie all, or part 
 of, product received from land under 
 a contract in relation thereto as a con- 
 dition of rescinding contract. 25 L.R.A. 
 (N.S.) 1302. 
 
 Effect of inability to restore to statu quo 
 on right to rescind stock subscription 
 for fraud. 33 L.R.A. 725. 
 
 Vll., Actions; liabilities. 
 
 157. Generally. 
 
 Action for relief from, or to enforce, illegal 
 contract, see supra, 112-120. 
 
 Liability for breach, see supra, 131. 
 
 Recovery on quantum meruit, see supra, 
 137, 138. 
 
 Defenses to actions, see ACTION OB SUIT, 
 13. 
 
 Assumpsit on, see ASSUIIPSIT. 
 
 Right of action for damages for inducing 
 breach of contract, see CASE, 3-5. 
 
 Jurisdiction to cancel, see EQUITY, 15, 
 15a. 
 
 Running of limitations on, see LIMITATION 
 OF ACTIONS, 22-32, 49, 50. 
 
 Liability of public officer on contract made 
 for public, see OFFICER, 39. 
 
 Right of third person to enforce, see 
 PARTIES, 12-17. 
 
 Liability of principal on contract negotiated 
 bv agent, see PRINCIPAL AND AGENT, IV. 
 
 Liability of agent on contract, see PRINCI- 
 PAL AND AGENT, 41. 
 
 Liability of railroad under agreement with 
 other road, see RAILROADS. III. 
 
 Counterclaim based on contract, see SET- 
 OFF AND COUNTERCLAIM, II.
 
 284 
 
 INDKX TO I..I5.A. NOTES. 
 
 CONTRACTS, VII. cont'd 
 
 ^p<-ritic prrfoniiaiice of contract, see SPECIF- 
 
 K I'l HI <>K\I AMK. 
 
 (.motion for jury as to contractual matters, 
 see TRIAL, 51. 
 
 i hiim against state on. 42 L.R.A. 54. 
 
 Right to plead inconsistent defenses. 48 
 L.R.A. 191. 
 
 Sufficiency of general averment of want of 
 consideration. L.R.A.1917F, 581. 
 
 Evidence of character in action on. 14 
 L.R.A.(N.S.) 747. 
 
 Law governing stipulation in contract mak- 
 ing notice of damages a condition of 
 right of action. 7 L.R.A.(N.S.) 191. 
 
 Right to open default judgment to let in 
 defense that contract was against pub- 
 lic policy. L.R.A.1916F, 860. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Right of creditor to enforce promise of one 
 allowed to secure property at judicial 
 sale upon faith of his promise to pay 
 owner's debt. 15 L.R.A. (N.S.) 399. 
 
 Effect of permitting assignor of a contract 
 to receive non-negotiable instruments is- 
 sued in payment thereof to estop as- 
 signee as against a subsequent assignee 
 of such an instrument. 11 L.R.A. 
 (X.S.) 472. 
 
 Right of buyer to maintain separate action 
 for nondelivery of each instalment un- 
 der entire contract. 3 L.R.A. (N.S.) 
 1042. 
 
 Obligation of receiver on contract of the 
 party whose property he holds. 16 
 L.R.A. 90. 
 
 Liability of receiver on contracts of former 
 receiver. L.R.A.1916C, 520. 
 
 Demand as a condition precedent to an 
 action on a promise to pay on demand 
 the debt of another. 34 L.R.A.(N.S.) 
 154. 
 
 Liability of title abstractor dependent on 
 privity of contract. 12 L.R.A. (N.S.) 
 452. 
 
 VIII. Public contracts. 
 
 158. Generally. 
 
 Validity and effect of contract with public 
 oflicer, see supra, 99-101. 
 
 Rights of subcontractors, laborers, and ma- 
 tcrialmen on bond of contractor for 
 pulilic work, see BONDS, 9, 10. 
 
 Impairment of obligation of public contract, 
 see CONSTITUTIONAL LAW. 
 
 Estoppel of public corporation by contract, 
 see ESTOPPEL, 2a. 
 
 Injunction against breach of, see INJUNC- 
 TION, 8. 
 
 Mandamus to enforce rights in, see MANDA- 
 
 MVS, 7. 
 
 '''or municipal contracts, generally, see 
 VV.XICIPAT, CORPORATIONS, 53-60. ' 
 
 Liability of officer on contract made by 
 public, see OFFICERS, 39. 
 
 Right, of citizen to enforce contract made 
 for benefit of public, see PARTIES, 13. 
 
 t 'ontrjicts for public improvements, see PUB- 
 LIC IMPROVEMENTS, 7-9. 
 
 Begin u-itli th(s l,,,i.- on every law question. 
 
 CONTRACTS, VIII. cont'd 
 Contracts for municipal water supply, see 
 WATERS, 111. 
 
 Mandamus to compel public officer to exe- 
 cute a contract. L.R.A.1917F, 538. 
 
 Adoption of resolution by public corpora- 
 tion as initiating or consummating a 
 contract. 49 L.R.A. (N.S.) 380. 
 
 Rights and remedies where contracts of a 
 public corporation are invalid. L.R.A. 
 1915A, 904. 
 
 Suits compelling or enjoining the carrying 
 out of contracts, as actions against the 
 state. 44 L.R.A. (N.S.) 202. 
 
 Validity of contract fixing minimum wage 
 for person employed on public work. 51 
 L.R.A. (N.S.) 686. 
 
 Prohibiting or restricting employment of 
 aliens on public work. L.R.A. 191 GD, 
 569. 
 
 Provision in, for payment in gold or silver. 
 2.0 L.R.A. 522. 
 
 Liability of municipality or other public 
 corporation on implied contract. 39 
 L.R.A.(N.S.) 43, 72; 46 L.R.A. (N.S.) 
 921. 
 
 Constitutionality of statutes requiring work 
 incident to public contract to be done 
 in state or a local division thereof. 41 
 L.R.A. (N.S.) 711. 
 
 Right to inspect public records relating to 
 public contracts. 41 L.R.A. (N.S.) 280. 
 
 159. Letting generally. 
 
 Letting contracts for establishing drains 
 and sewers. 60 L.R.A. 217. 
 
 Distinction between definite proposal or ac- 
 ceptance and mere preliminary step in 
 negotiation of. 4 L.R.A. (N.S.) 177. 
 
 Accepting bid with knowledge of mistake 
 as to subject-matter. 43 L.R.A. (N.S.) 
 654. 
 
 160. Rights and remedies of lowest 
 bidders. 
 
 Cases affirming right of lowest bidder. 26 
 
 L.R.A. 707. 
 
 Absence of statute requiring award to low- 
 est bidder. 26 L.R.A. 707. 
 Rights under statute or ordinance requiring 
 award to lowest bidder. 26 L.R.A. 
 707. 
 
 Discretion in choosing between bidders for 
 public contract. 38 L.R.A. (N.S.) 
 653. 
 
 Elements to be considered in determining re- 
 sponsibility of bidder for public con- 
 tract. 38 'L.R.A. (N.s.) 672. 
 
 Remedy of lowest bidder for refusal of au- 
 thorities to award contract to him. 
 30 L.R.A.(N.S.) 126. 
 Injunction. 26 L.R.A. 711; 30 L.R.A. 
 
 (N.S.-) 127. 
 Mandamus. 26 L.R.A. 711; 30 L.R.A. 
 
 (N.S.) 128. 
 
 Validity of contract for material patented 
 or held in monopoly where a public 
 letting to the lowest bidder is required. 
 5 L.R.A. (N.S.) 680; 46 L.R.A. (N.S.) 
 990; L.R.A.1917A, 442.
 
 INDEX TO L.R.A. NOTES. 
 
 285 
 
 CONTRACTS, VIII. cont'd 
 160a. Withdrawal of bid. 
 
 Right to withdraw bid for public contract 
 and recover deposit. L.R.A. 191 5 A, 225. 
 
 161. Specifications. 
 
 Sufficiency of specifications for guidance of 
 
 bidder for public contract. 30 
 
 L.R.A. (N.S.) 214. 
 
 162. Stipulation that alterations or 
 extras must be ordered in writing. 
 
 ElFect of stipulation in building contract 
 that alterations or extras must be or- 
 dered in writing. 48 L.R.A. (N.S.) 595. 
 
 163. Ratification. 
 
 Ratification of invalid contract. L.R.A. 
 1915A, 1023. 
 
 CONTRACTS NOT TO BE PER- 
 FORMED WITHIN A YEAR. 
 
 See CONTRACTS, 38, 39. 
 
 CONTRADICTION. 
 
 Of witness, see WITNESSES, 43. 
 
 CONTRADICTORY STATEMENTS. 
 
 Impeachment of witness by, see WITNESSES, 
 43. 
 
 Conviction of perjury upon proof. L.R.A. 
 1917C, 58. 
 
 CONTRIBUTION. 
 
 g 1. Generally. 
 
 Indemnity, see INDEMNITY. 
 
 Subrogation, see SUBROGATION. 
 
 Between insurance companies, see INSUR- 
 ANCE, 199. 
 
 To cost of party wall, see PARTY WALL, 
 4, 5. 
 
 Subrogation, see SUBROGATION. 
 
 To cap'tal, expenses, and losses of syndi- 
 cate. 40 L.R.A. 225. 
 
 As between legatees ard dovisrps to pay 
 testator's debts. 1 L.R.A. 'N.S.) 461. 
 
 Right of, as between accommodation parties 
 28 L.R.A.(N.S.) 1039. 
 
 Contingency of claim for, as affecting lim- 
 itation of time for presentation to es- 
 tate of deceased person. 58 L.R.A. 88. 
 
 Right of client to recover from third person 
 for services rendered by attorney which 
 benefit both. L.R.A.1915B, 856. 
 
 Right of one who gives his personal obliga- 
 tion for a debt on which he was jointly 
 liable with other to enforce indemnity 
 or contribution from latter. L.R.A. 
 1915A, 898. 
 
 Right of promoter of corporation to compel 
 contribution by fellow -promoter. L.R.A. 
 191 8E, 843. 
 
 Consult also L.R.A. Digest* of Cases. 
 
 CONTRIBUTION cont'd 
 
 2. Between wrongdoers. 
 
 Right to indemnity from joint tort feasor, 
 see INDEMNITY, 2-4. 
 
 Right of action of one legally responsible 
 for another's death against a third 
 person whose negligence caused the 
 death. 36 L.R.A. (N.S.) 60. 
 
 Right of one constructively liable for tort 
 to contribution from one actually re- 
 sponsible for its commissions. 40 L.R.A. 
 (N.S.) 1147. 
 
 Right of employer who has been held liable 
 for tort of, or upon, servant or 
 contractor, to recover over from 
 the actual wrongdoer. 40 L.R.A. 
 (N.S.) 1153. 
 
 Right of municipality to recover indemnity 
 or contribution from one for whose tort 
 it has been held liable. 40 L.R.A. 
 (N.S.) 1165; L.R.A.1916F, 86. 
 
 Rule denying contribution between joint 
 tort feasors as affected by question of 
 proximate cause. 36 L.R.A.(N.S.) 583. 
 
 Collusiveness of judgment against a con- 
 structive tort feasor in a subsequent 
 action for contribution. 40 L.R.A. 
 (N.S.) 1172. 
 
 3. Between stockholders. 
 
 Between stockholders of foreign corpora- 
 tions. 34 L.R.A. 763. 
 
 Rjght of one stockholder to sue another for 
 contribution outside state of incorpor- 
 ation. 33 L.R.A.(N.S.) 909. 
 
 4. Between partners. 
 
 Revival of partnership debt by contribution 
 between partners. 15 L.R.A. 660. 
 
 Between members of partnership which is 
 illegal or which has been engaged in 
 illegal business. L.R.A.1917A, 446. 
 
 5. Between cotenants. 
 
 Liability of cotenants for improvements 
 find" repairs. 29 L.R.A. 449. 
 
 Right of successor to share of cotenant to 
 latter's claim to allowance for im- 
 provements to common property. 45 
 L.R.A. (N.S.) 738. 
 
 Repudiating cotenancy as affecting coten- 
 ant's right to contribution. L.R.A. 
 1915B, 961. 
 
 Liability of cotenants to account for use 
 and occupation and rents and profits. 
 28 L.R.A. 829. 
 
 6. Between cosvireties. 
 
 When limitations commence to run against 
 action for. 18 L.R.A. (N.S.) 585; 42 
 L.R.A. (N.S.) 1131. 
 
 Judgment in favor of one or more sureties 
 and against, others in action by obligee 
 as res judicata between sureties. 51 
 L.R.A. (N.S.) 797. 
 
 Right of surety who gives his personal obli- 
 gation for a debt to enforce contribu- 
 tion from cosurety. L.R.A. 1915A, 899. 
 
 Right of reimbursement or contribution as 
 between sureties of official for different 
 terms. L.R.A. 1915D, 481.
 
 286 
 
 CONTRIBUTION cont'd 
 
 Kiuht of surety to contribution from co- 
 Min-ty, as affected by the fact that an 
 action by the creditor as against the co- 
 surety would be barred. L.R.A.1917F, 
 1074. 
 
 INDEX TO L.R.A. NOTES. 
 
 CONTRIBUTORY NEGLIGENCE. 
 
 See NEGLIGENCE, II. 
 
 CONTROL. 
 
 Over ^resale as element of monopoly, see 
 MONOPOLY AND COMBINATIONS, 5, 6. 
 
 CONVENTION HALL. 
 
 Power of municipality to construct assem- 
 bly, convention, exhibition, or amuse- 
 ment hall. 26 L.R.A.(N.S.) 425. 
 
 CONVENTIONS. 
 
 Expenses incurred by public officers or em- 
 ployees in attending conventions, etc., 
 as a proper charge on public funds. 
 L.R.A.1917E, 332. 
 
 CONVENTS. 
 
 Character of occupancy of. 4 L.R.A. ( N.S. ) 
 726. 
 
 CONVERSATION. 
 
 By telephone, evidence of, see EVIDENCE, 
 240. 
 
 Through interpreter, evidence of, see EVI- 
 DENCE, 241. 
 
 Admissibility of evidence of conversation 
 expressly referred to in written con- 
 tract. 32 L.R.A.(N.S.) 383. 
 
 Right of witness to express opinion as to 
 meaning of. L.R.A.1918A, 738. 
 
 CONVERSION. 
 
 Equitable conversion, see EQUITABLE CON- 
 VERSION; WILLS, 316-118. 
 Tortious, see TROVER AND CONVERSION. 
 
 CONVEYANCE. 
 
 CONVEYANCE cont'd 
 See also DEED; QUITCLAIM DEED; FRAUDU- 
 LENT CONVEYANCES. 
 
 Parol gift as. 67 L.R.A. 461. 
 
 Of partnership lands, form of. 27 L.R.A. 
 
 479. 
 
 CONVICTION. 
 
 Effect of, see CRIMINAL LAW, 41. 
 Cross-examination of witness to show, see 
 WITNESSES, 36. 
 
 Power of appellate court to reverse for in- 
 sufficiency of evidence to sustain ver- 
 dict. 17 L.R.A. 484. 
 
 CONVICT LABOR. 
 
 See CONVICTS, 2. 
 
 For support, sec SUPPORT. 
 
 irith this boofr on every law question. 
 
 CONVICTS. 
 
 1. Generally. 
 
 Civil death of, see CIVIL DEATH. 
 
 Effect of conviction, see CRIMINAL LAW, 
 
 41. 
 As to punishment for crime, generally, see 
 
 CRIMINAL LAW, VI. 
 
 Pardon of, see CRIMINAL LAW, 85-89. 
 Escape of, see ESCAPE. 
 Recapture of, see RECAPTURE. 
 Right of action for confinement in un- 
 
 healthful or unfit person, see JAILS AND 
 
 PRISONS, 3. 
 Competency of, as witness, see WITNESSES, 
 
 10. 
 
 Release of, or interference with custody of, 
 as contempt of court. L.R.A. 1917D, 355. 
 
 Punishment of convict for failure or re- 
 fusal to testify or other contempt. 
 L.R.A.1917B, 588. 
 
 Right of convict to contest will. L.R.A. 
 1918A, 467. 
 
 Right of prisoner to appear unmanacled at 
 trial. 39 L.R.A. 821. 
 
 Service of process on prisoner. 46 L.R.A. 
 706. 
 
 Right to put upon trial one undergoing im- 
 prisonment for another offense. 41 
 L.R.A.(N.S.) 1095. 
 
 Admissibility of declarations of convict as 
 affected by incompetency as a witness. 
 L.R.A.1915E, 205. 
 
 Unknown disqualification of juror because 
 of conviction of crime as ground for 
 new trial. 50 L.R.A. (N.S.) 976. 
 
 Liability of public for services of physicians 
 or surgeons rendered prisoners. 50 
 L.R.A. (N.S.) 1223. 
 
 Right to a speedy trial of one under con- 
 finement for another offense. L.R.A. 
 1915E, S63.
 
 INDEX TO L.R.A. NOTES. 
 
 287 
 
 CONVICTS cont'd 
 
 Civil liability of sheriff or other officer for 
 injury inflicted by convict in his cus- 
 todv upon another prisoner. L.R.A. 
 191 V 8C, 1163. 
 
 2. Convict labor. 
 
 Right to compel, see CRIMINAL LAW, 77. 
 
 Constitutional objections to convict labor 
 
 contracts. L.R.A.1916D, 660. 
 Claim against state on contract for prison 
 
 labor. 42 L.R.A. 59. 
 Responsibility of one hiring convict labor, 
 
 for acts of laborer. 12 L.R.A. (N.S.) 
 
 317. 
 
 CO-OWNERS. 
 
 Liability of co-owners of automobile. 
 L.R.A.1916E, 1301. 
 
 Authority of co-owner of property to con- 
 tract for services of other persons. 
 L.R.A.1918F, 19. 
 
 COPARCENERS. 
 
 Liability for use and occupation, and rents 
 and profits. 28 L.R.A. 854. 
 
 COPY. 
 
 Admissibility of, in evidence, see EVIDENCE, 
 
 121. 
 
 Mandamus to compel delivery of copy of 
 act passed by legislature. 22 L.R.A. 
 (N.S.) 1089. 
 
 Necessity of setting out copy of forged in- 
 strument in indictment for forgery or 
 uttering forgery. 31 L.R.A. (N.S.) 215. 
 
 Stockholder's right to take from books. 45 
 L.R.A. 449. 
 
 COPYHOLD. 
 
 Equitable relief against forfeiture of. 69 
 L.R.A. 858. 
 
 Applicability of rule in Shelley's Case to. 
 29 L.R.A. (N.S.) 1036. 
 
 Owner's right to compensation for improve- 
 ments made by railroad company enter- 
 ing with consent of tenant but without 
 owner's consent. L.R.A.1916F, 991. 
 
 COPYIST. 
 
 Communication to, as affecting publication 
 or privilege of libelous statement. 
 L.R.A.1918F, 568. 
 
 COPYRIGHT. 
 
 1. Generally. 
 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 37. 
 Measure of damages for, see DAMAGES, 
 
 19. 95, 112. 
 Consult also L.R.A. Digests of Cases. 
 
 COPYRIGHT cont'd 
 
 Copyright in report of public speech. 2 
 B. R. C. 335. 
 
 Is compliance with law of origin sufficient 
 to secure protection under internation- 
 al copyright act. 1 B. R. C. 785. 
 
 Suits against officers relating to patents, as 
 suits against the state. 44 L.R.A. 
 (N.S.) 217. 
 
 Is owner of original production, or owner 
 of composition represented thereby, the 
 proprietor 'within the meaning of the 
 copyright law. 3 B. R. C. 672. 
 
 Right to copyright motion picture film, and 
 liability for infringement of such copv- 
 right. 6 B. R. C. 734. 
 
 2. Common law rights of authors 
 and others in intellectual produc- 
 tions. 
 
 Generally. 51 L.R.A. 353; 9 L.R.A. (N.S.) 
 
 174. 
 
 Prerogative publications. 51 L.R.A. 355. 
 Parties. 51 L.R.A. 358. 
 Works. 51 L.R.A. 359. 
 Rights. 51 L.R.A. 363. 
 
 Before publication. 51 L.R.A. 363. 
 
 After publication. 51 L.R.A. 307. 
 
 What constitutes publication. 51 
 L.R.A. 374; 43 L.R.A. (N.S.) 641. 
 Infringements. 51 L.R.A. 378. 
 Remedies. 51 L.R.A. 380. 
 Liabilities. 51 L.R.A. 380. 
 Copyright as superseding common-law 
 
 rights. 43 L.R.A. (N.S.) 642. 
 
 3. as between employer and em- 
 ployee. 
 
 See MASTER AND SERVANT, 14. 
 
 4. Effect of omitting notice of, from 
 licensed publication. 
 
 Necessity of notice. 66 L.R.A. 444. 
 Variant notices. 66 L.R.A. 445. 
 Defective notices. 66 L.R.A. 446. 
 Works in several parts. 66 L.R.A. 446. 
 When notice is entirely absent. 66 L.R.A. 
 
 447. 
 Patents. 66 L.R.A. 449. 
 
 5. Control of price of copyrighted 
 article. 
 
 Right to fix retail price of book as incident 
 of copyright. 15 L.R.A. (N.S.) 767. 
 
 Validity of contract seeking to control 
 price at which a copyrighted article 
 shall be resold. 27 L.R.A.(N.S-) 401; 
 L.R.A.1917A, 1286. 
 
 6. Transfer of. 
 
 Right of purchaser of, to sell it free fron. 
 
 restrictions affecting it in hands of 
 
 vendor. 55 L.R.A. 632. 
 Sale or assignment of story as carrying the 
 
 exclusive right to dramatize it. 41 
 
 L.R.A. (N.S.) 3002. 
 
 7. Infringement. 
 
 Injunction against, see INJUNCTION, 71. 
 
 Infringement generally. 51 L.R.A. 378. 
 Liability of officers of a corporation for its 
 infringement. 28 L.R.A. 426.
 
 
 INDEX TO I..H.A. NOTES. 
 
 COPYRIGHT cont'd 
 
 rmmM.-M ia\\ arum, for Infringement. 2 
 LRJMN.S. Ill 
 
 I'ciluratcd mils and wax cylinders as m- 
 iriiii-iiu-iits of copyright of sheet mu- 
 ile. -1 l'>. K C. !M. 
 
 \Vluit i'on>titutfs infrin^i'iiifiit of dramatic 
 copyright. -1 I'.. I!. C. 107. 
 
 88. <l:miiij:r- for. 
 
 Damages for infringement as affected by 
 1, of prolit*. .">! L.R.A. 801. 
 
 Punitive damages for infringement of, 
 \\licrc uiiniiint of actual damages is not 
 lislu-d. :{? L.15.A.(N.S.) 533. 
 
 Must penalty in a^n-ate for infringing 
 copyright be multiple of what would be 
 "i\.n for each separate offense. 1 B. 
 R. C. 768. 
 
 Power of equity, upon enjoining infringe- 
 ment of copyright, to require defendant 
 to pay damages sustained by complain- 
 ant as distinguished from profits re- 
 alized by defendant. 21 L.R.A. (N.S.) 
 526. 
 
 Burden of proof as to profits in suit for 
 profits from infringement of. 41 
 L.R.A. (X.S.) 653. 
 
 9. Rights after expiration of. 
 
 Right on expiration of, to use of name by 
 which article has become known. 16 
 L.R.A.(N.S.) 550; 1 B. R. C. 649. 
 
 g 10. Taxation of. 
 
 State taxation of. 51 L.R.A. 381; 57 
 
 L.R.A. 57. 
 As an element in taxation of capital stock 
 
 of corporation. 58 L.R.A. 564. 
 
 CORAM XOBIS. 
 
 Writ of error coram nobis. 
 L.R.A.1918A, 1178. 
 
 18 L.R.A. 838: 
 
 CORDIALS. 
 
 Misrepresentation as to, as affecting valid- 
 ity of trademark. 19 L.R.A. 55. 
 
 CORDXVOOD. 
 
 Sufficiency of delivery of, on sale out of 
 larger lot. 26 L.R.A. (N.S.) 38. 
 
 CORNTRIB. 
 
 Use of railroad right of way for purposes 
 of. as against owner of fee. 36 L E \ 
 
 - 
 
 CORNER. 
 
 Corner as violation of anti-trust or mon- 
 opoly act. 44 L.R.A. (N.S.) 325. 
 
 CORNER LOT. 
 
 Assessment of, for public improvement. 50 
 L.R.A.(N.S.) 922. 
 
 CORN SHREDDER. 
 
 Recovery under Workmen's Compensation 
 Act for "injury to employee operating. 
 L.R.A.1918F, 203. 
 
 CORONERS. 
 
 1. Generally. 
 
 Coroner's inquest as part of proofs of loss. 
 44 L.R.A. 853. 
 
 Liability for damages for performing au- 
 topsy. L.R.A.1918D, 404. 
 
 Liability of, for acts at inquest. 44 L.R.A. 
 (N.S.) 177. 
 
 Opinion gained from newspaper reports of 
 coroner's inquest as disqualification of 
 juror in criminal case. 35 L.R.A. 
 (N.S.) 1010. 
 
 2. Power to order inquest: when 
 proper. 
 
 Power of, to order post mortem examina- 
 tion. 31 L.R.A. 540. 
 
 When coroner's inquest necessary or prop- 
 er. 21 L.R.A. 394. 
 
 3. Admissibility of finding or evi- 
 dence at inquest. 
 
 Admissibility of testimony of accused at 
 coroner's inquest, see EVIDENCE, 244. 
 
 Admissibility of finding of, to show cause 
 of death. 68 L.R.A. 285; 45 L.K.A. 
 (N.S.) 404; L.R.A.1918E, 924. 
 
 Admissibility of previous consistent state- 
 ments of witness at coroner's inquest. 
 41 L.R.A. (N.S.) 934. 
 
 CORPORAL, PUNISHMENT. 
 
 Liability of school teacher for personal in- 
 jury to pupil. 65 L.R.A. 896. 
 
 Right of teacher to inflict on pupil. 1 
 B. R. C. 718. 
 
 As cruel and unusual punishment. 35 
 L.R.A. 565. 
 
 CORPORATE CONVEYANCES. 
 
 In general, see CORPORATIONS, V. b. 
 Creditors' bill to set aside, see CREDITORS' 
 BILL. 
 
 CORPORATE STOCKS. 
 
 i'-ith thin 
 
 See CORPORATIONS, VIII. 
 lair question.
 
 INDEX TO L.R.A. NOTES. 
 
 289 
 
 CORPORATION COMMISSIONS. 
 
 Action against, as action against the state, 
 44 L.R.A.(N.S.) 198. 
 
 CORPORATIONS. 
 
 I. In general, 1, 2. 
 II. Nature; creation; existence; 
 franchises; governmental con- 
 trol 3-12. 
 
 III. Consolidation; merger; reorgani- 
 
 zation, 13-17. 
 
 IV. Charters; by-laivs, 18-22. 
 
 V. Rights, poivers, duties, and lia- 
 bility; contracts, 2339. 
 
 a. Rights and poivers general- 
 
 ly, 23-27. 
 
 b. Contracts, generally; ultra 
 
 vires, 28-34. 
 
 c. Liability of corporation, 
 
 35-39. 
 VI. Officers and agents, 4O-61. 
 
 a. In general, 4O-42. 
 
 b. Rights and powers of, 
 
 43-48. 
 
 1. In general, 43-46. 
 
 2. Of president and vice- 
 
 president, 47, 48. 
 
 c. Compensation, 49. 
 
 d. Fiduciary relation, 5O, 
 
 51. 
 
 e. Duties and personal liabili- 
 
 ties of, 52-59. 
 
 1. In general, 52-56. 
 
 2. Directors, 57-59. 
 
 f. Meetings; elections, 6O. 
 
 g. Removal of, 61. 
 
 VII. Promoters and incorporators, 
 
 62-65. 
 
 VIII. Capital; stocTc and stockholders, 
 66-126. 
 
 a. In general, 66-76. 
 
 b. Subscriptions, 77-8 la. 
 
 c. Transfer; sale, 82-95. 
 
 d. RigJits of shareholders, 
 
 96-1O2. 
 
 e. Liabilities of sJiareholders, 
 
 1O3-121. 
 
 1. In general, 1O3-1O8. 
 
 2. Calls; assessments, 
 
 1O9-111. 
 
 3. Effect of transfer, 
 
 112, 113. 
 
 4. Proceedings to enforce, 
 
 114-121. 
 
 f. Stakeholders' meetings; vot- 
 
 ing, 122-126. 
 
 IX. Dissolution; ivinding up; for- 
 feiture, 127-133. 
 X. Insolvency; rights and prefer- 
 ences of creditors, 134-137. 
 XI. Foreign corporations, 138- 
 151. 
 
 a. In general, 138-144. 
 
 b. Doing biisiness within state, 
 
 145-148. 
 
 c. Actions by or against, 
 
 149-151. 
 
 Consult also L.R.A. Digests of Cases. 19 
 
 CORPORATIONScont'd. 
 
 I. In general. 
 
 1. Generally. 
 
 Banks, see BANKS. 
 
 Building and loan associations, see .BUILD- 
 ING AND LOAN ASSOCIATIONS. 
 
 Railroad companies, see CABBIEKS; RAIL- 
 BO ADS. 
 
 Clubs, see CLUBS. 
 
 Insurance companies, see INSUBANCE, II. 
 
 Joint stock company, see JOINT STOCK COM- 
 PANY. 
 
 Municipal corporations, see MUNICIPAL 
 
 COBPOBATIONS. 
 
 Public service corporations, see PUBLIC 
 SEBVICE COBPOBATIONS. 
 
 Bonds of, see BONDS, III. 
 
 Conditions relating to, see CONDITIONS, 3. 
 
 Conflict of laws as to corporate matters, 
 see CONFLICT OF LAWS, 18, 19. 
 
 Constitutionality of statutes ns to, see CON- 
 STITUTION AL LAW, 62. 
 
 Federal jurisdiction over, see COUBTS, 
 40, 43. 
 
 Compelling production of books and papers 
 of, see DISCOVEBY AND INSPECTION. 
 
 Equity jurisdiction over, see EQUITY, 19. 
 
 Demand in corporate matters, see DEMAND, 
 5. 
 
 Presumption and burden of proof as to 
 corporate matters, see EVIDENCE, 
 57, 58. 
 
 Identity or identification of, see IDENTITY 
 AND IDENTIFICATION, 7. 
 
 Injunction as to corporate matters, see IN- 
 JUNCTION, 34-36. 
 
 Indictment against, see INDICTMENT, INFOB- 
 
 MATION, AND COMPLAINT, 3. 
 
 Larceny by, see LABCENY, 7. 
 
 Mandamus against corporation, see MANDA- 
 MUS, 12-15. 
 
 As parties defendant, see PASTIES, 28. 
 
 Quo warranto as proper remedy in corpor- 
 ate matters, see Quo WABBANTO, 4. 
 
 Receivers of, see RECEIVEBS. 
 
 Removal of suits against corporations, sec 
 REMOVAL OF CAUSES, 8. 
 
 Taxation of, see TAXES, 11, 33-39, 45, 
 46, 67. 
 
 Service of process on, see WBIT AND PBO- 
 CESS, 22-29. 
 
 Status of corporation as alien enemy. 5 ,B. 
 R. C. 333. 
 
 Applicability of Bulk Sales Law to transfer 
 to corporation organized to take over 
 the business. L.R.A.1918C, 932. 
 
 Right of agent to transfer his authority or 
 contract to a corporation organized by 
 him. L.R.A.1916F, 89. 
 
 Mistake in name or description of corpora- 
 tion as affecting judgment by default 
 against it. L.R.A.1916F, 728. 
 
 Corporation as peddler or hawker within 
 statutory or municipal, regulations. 
 L.R.A.1916B, 1296. 
 
 Suit against corporation of which state is 
 a member, as suit against the state. 
 44 L.R.A.(N.S.) 226.
 
 INDEX TO L.R.A. NOTES. 
 
 CORPORATIONS, I. cont'd 
 
 Artion ayuin-t -tat r ..nicer to reach prop- 
 cm il'|>..*it.'<l by corporation as se- 
 curity, as action against the state. 44 
 L.H.A.(N.S.) 201. 
 
 Seizure of property of individual under 
 judgment purporting to be against a 
 corporation upon theory that there was 
 no such corporation. 45 L.R.A. (N.S.) 
 189. 
 
 Parol evidence to establish identity of cor- 
 poration named as legatee or devisee in 
 will. 47 L.R.A. (N.S.) 523,528. 
 
 Particularity required in description of 
 document of, in subpoena duces tecum. 
 31 L.R.A.(N.S.) 838. 
 
 Set-off of assigned claims by and against 
 corporations. 23 L.R.A. 309. 
 
 Effect of erroneously describing defendant 
 in process as a corporation instead of 
 an individual or partnership. 40 
 L.R.A.(N.S.) 566. 
 
 Relationship to private corporation or asso- 
 ciation for profit which will disqualify 
 juror. 40 L.R.A. (N.S.) 973, 978. 
 
 Libel or slander of a corporation. 52 
 L.R.A. 525. 
 
 Federal courts following state decisions as 
 to construction and effect of statutes 
 in relation to. 40 L.R.A. (N.S.) 433. 
 
 2. Decisions of tribunals of. 
 See COUBTS, 11, 12. 
 
 //. Nature; creation; existence; fran- 
 chises; governmental control. 
 
 8 3. Generally. 
 
 Corporations classified. 9 L.R.A. 33.* 
 Judicial notice in respect to. 4 L.R.A. 36.* 
 Counties as quasi corporations. 1 L.R.A. 
 757* 
 
 4. Nature generally. 
 
 What are manufacturing companies? 14 
 L.R.A. 107. 
 
 Nature of public corporation owned by 
 state. 29 L.R.A. 378. 
 
 Nature of incorporated institutions belong- 
 ing to the state. 29 L.R.A. 378. 
 
 5. Creation. 
 
 Effect of illegality of organization on sub- 
 scriptions, see infra, 78a. 
 
 Presumption as to incorporation. 22 
 L.R.A. 276. 
 
 At what stage in the proceedings is a cor- 
 poration deemed to be organized. 18 
 L.R.A.(N.S.) 748. 
 
 Fiction of incorporation to evade law. 1 
 L.R.A.(N.S.) 176. 
 
 Effect of subsequent incorporation to make 
 valid a gift to an unincorporated as- 
 sociation. 14 L.R.A. 410. 
 
 Effect of incorporation of local religious so- 
 
 growing out of 
 24 L.R.A.(N.S.) 
 
 ciety on litigation 
 schism or division. 
 715. 
 
 Incorporation of covenantee as affecting cov- 
 enant not to engage in a competing 
 business. 9 L.R.A. (N.S.) 979. 
 
 Ht-f/in tfilh this book on every law question. 
 
 CORPORATIONS, II. cont'd 
 
 Formation of and transfer of property to, 
 as ground of attachment for fraud. 30 
 L.R.A. 487. 
 
 Denial of incorporation on information and 
 belief. 30 L.R.A. (N.S.) 778. 
 
 Dissolution of partnership by reason of for- 
 mation of corporation. 31 L.R.A. 
 (N.S.) 471. 
 
 6. Existence. 
 
 Estoppel to deny, see ESTOPPEL, 9. 
 
 7. Franchise. 
 
 Railroad franchise, see RAILROADS, 3. 
 Expiration of charter, see infra, 132. 
 Forfeiture of franchises, see infra, VIII. 
 Judicial sale of, see JUDICIAL SALE, 7. 
 Injunction against sale of, see INJUNCTION, 
 
 36. 
 Taxation of franchise, see TAXES, 35. 
 
 Right to be a corporation as a franchise 
 within constitutional or statutory pro- 
 visions taxing franchises as property. 
 28 L.R.A.(N.S.) 255. 
 
 Suit to restrain revocation of corporation's 
 license, as suit against the state. 44 
 L.R.A.(N.S.) 219. 
 
 Lack of or invalidity of franchise as a de- 
 fense to an action by a public service 
 corporation for service rentals. 52 
 L.R.A.(N.S.) 713. 
 
 8. De facto corporations. 
 
 De facto foreign corporation. 24 L.R.A. 
 
 293. 
 Partnership liability of stockholders in case 
 
 of corporations de facto. 17 L.R.A. 
 
 551. 
 Right of de facto corporation to exercise 
 
 power of eminent domain. 2 L.R.A. 
 
 (N.S.) 144; 50 L.R.A. (N.S.) 236. 
 
 9. As persons. 
 
 As persons, generally. 19 L.R.A. 223. 
 
 As persons within the meaning of statutes. 
 
 19 L.R.A. 225; 60 L.R.A. 331. 
 As persons within 14th Amendment. 10 
 
 L.R.A. 129;* 14 L.R.A. 585; 60 L.R.A. 
 
 330. 
 Corporations as "persons" with respect to 
 
 criminal responsibility. 2 B. R. C. 243. 
 
 10. As citizens. 
 
 As citizens within Federal Constitution. 14 
 
 L.R.A. 580; 60 L.R.A. 330. 
 Citizenship for purpose of Federal juris- 
 diction in state other than that where 
 created. 14 L.R.A. 184. 
 
 Consolidated interstate corporation as do- 
 mestic corporation of one of the 
 states. 15 L.R.A. 82. 
 
 11. Domicil; residence. 
 
 Citizenship of, see supra, 10.
 
 INDEX TO L.R.A. NOTES. 
 
 291 
 
 CORPORATIONS, II cont'd 
 Constructive domestic residence of foreign 
 
 corporation. 70 L.R.A. 693. 
 Domicil of corporation for taxation of tan- 
 gible personal property. 69 L.R.A. 
 431. 
 Effect of certificate of incorporation on 
 
 question of domicil. 69 L.R.A. 437. 
 Residence of corporation for purpose of 
 Federal jurisdiction in state other 
 than that where created. 14 
 L.R.A. 184. 
 
 Corporation as "resident" within public im- 
 provement statutes. 43 L.R.A. (N.S.) 
 272. 
 
 12. Governmental control and regu- 
 lation. 
 
 Dissolution of corporation by government, 
 SPC infra, IX. 
 
 Of foreign corporation, see infra, XI. 
 
 Governmental regulation of carriers, see 
 CARKIEKS, V. 
 
 Judicial notice as to, see EVIDENCE, 11. 
 
 Regulation of rates of public service corpo- 
 ration, see RATES, 2. 
 
 Delegation of legislative power to regulate 
 internal management of. 10 L.R.A. 
 (N.S.) 251. 
 
 Reasonableness of regulation of public serv- 
 ice corporation requiring payment of 
 rentals in. advance. 19 L.R.A. (N.S.) 
 693. 
 
 Extent and limit of state authority over 
 consolidated interstate corporation. 24 
 L.R.A.(N.S.) 769. 
 
 Power and duty of public authorities to 
 control the issuance of securities by 
 public service corporations. 47 L.R.A. 
 (N.S.) 1167. 
 
 ///. Consolidation; merger; reorgani- 
 sation. 
 
 13. Generally. 
 
 Monopolistic combinations, see MONOPOLY 
 AND COMBINATIONS. 
 
 Combinations of railroads, see RAILROADS, 
 9-11. 
 
 Liability for incorporation tax upon exten- 
 sion, consolidation, or merger, see 
 TAXES, 34. 
 
 Consolidated interstate corporation as do- 
 mestic corporation of one of the states. 
 15 L.R.A. 82. 
 
 Extent and limit of state authority over 
 consolidated interstate corporation. 24 
 L.R,A.(N.S.) 769. 
 
 Loss of privilege of exemption from regula- 
 tion of rates of public service corpora- 
 tion by consolidation. L.R.A.1915C, 
 279. 
 
 14. Right to consolidate. 
 
 Definition. 52 L.R.A. 369. 
 
 Necessity of legislative sanction. 52 L.R.A. 
 
 370. 
 Consolidation as affected by law. 52 L.R.A. 
 
 373. 
 Necessity of stockholder's consent. 52 
 
 L.R.A. 381. 
 Consult also L.R.A. Digests of Cases. 
 
 CORPORATIONS, III. cont'd 
 Rights and remedies upon unauthorized con- 
 solidation. 52 L.R.A. 387. 
 Restrictions on consolidation of parallel or 
 competing railroads. 45 L.R.A. 271. 
 
 15. Effect of; debts of old corpora- 
 tions. 
 
 Effect of consolidation of foreign with do- 
 mestic corporation on residence or citi- 
 zenship for purpose of Federal juris- 
 diction. 14 L.R.A. 185. 
 Rights of creditors on unauthorized consoli- 
 dation of corporations. 52 L.R.A. 390. 
 Effect of consolidation, merger, or absorp- 
 tion of corporation, on its unse- 
 cured liabilities, in absence of 
 statutory or contract provision 
 , relative thereto. 11 L.R.A. (N.S.) 
 1119; 32 L.R.A.(N.S.) 616; 47 
 L.R.A. (N.S.) 1058. 
 
 Liability of a consolidated railroad company 
 for the debts of its predecessor. 
 23 L.R.A. 231. 
 
 What unsecured claims are covered by the 
 express assumption by one corpora- 
 tion of the indebtedness of another, 
 upon consolidation, merger, or ab- 
 sorption. 26 L.R.A. (N.S.) 1101. 
 Right of creditor of insolvent corporation 
 to maintain action at law against new 
 corporation to which assets have been 
 transferred. 11 L.R.A. (N.S.) 863. 
 Right of creditors of a corporation which 
 has transferred all, or substantially all, 
 of its assets to another corporation to 
 subject the assets so transferred to an 
 equitable lien or preference. 5 L.R.A. 
 (N.S.) 520. 
 
 Lien of holders of bonds of one of two or 
 more consolidating corporations on 
 property of corporation, which issued 
 the .bonds where the new corporation 
 had agreed to protect them. 47 L.R.A. 
 (N.S.) 190. 
 
 16. Rights of stockholders. 
 
 Right of minority stockholders to represen- 
 tation in new or reorganized corpora- 
 tion. 10 L.R.A.(N.S.) 725. 
 
 Respective rights of life tenant and re- 
 mainderman in distributions by corpo- 
 ration in process of consolidation or 
 merger with other corporations. 12 
 L.R.A.(N.S.) 805. 
 
 17. Taxation of consolidated cor- 
 porations. 
 
 See TAXES, 34. 
 
 IV. Charters; by-laws. 
 
 18. Charter. 
 
 Forfeiture of, see infra, IX. 
 Expiration of, see infra, 132. 
 
 What is within charter power to build 
 lateral railroad. 12 L.R.A. (N.S.) 326. 
 
 Charter limitations as to period of exist- 
 ence. 33 L.R.A. 576. 
 
 Charter restrictions on eligibility to be- 
 come shareholder. 46 L.R.A. 618.
 
 o-.o 
 
 INDEX TO L.R.A. NOTES. 
 
 CORPORATIONS, IV. cont'd 
 
 Effect of charter provision granting rights 
 in percolating waters. 19 L.R.A. 99. 
 
 Charter provisions against power of legis- 
 lature to fix tolls, rates or prices. 33 
 L.R.A. 186. 
 
 Right to question power of corporation to 
 take by will property in excess of its 
 charter authority. 9 L.R.A. (N.S.) 
 089; 44 L.R.A. (NJ3.) 544. 
 
 Construction of charter provisions in deter- 
 mining right of railroad company to 
 guarantee the securities of another rail- 
 road company. L.R.A.1918D, 177. 
 
 Legislative sanction of consolidation. 52 
 L.R.A. 372. 
 
 Extraterritorial effect of restriction in char- 
 ter as to rate of interest. 62 L.R.A. 
 76. 
 
 19. amendment or repeal. 
 
 Reserved right to amend and repeal charter 
 as to taxation. 60 L.R.A. 69. 
 
 Right under reserved power to amend or 
 repeal charter of corporation to change 
 the rights of stockholders as to voting 
 the stock. 22 L.R.A. ( N.S. ) 420. 
 
 Regulation of rates of public service corpo- 
 ration fixed by franchise or charter as 
 exercise of reserved power to alter 
 charter. L.R.A.1915C, 277. 
 
 20. By-laws. 
 
 Of benevolent society, see BENEVOLENT SO- 
 CIETIES, 4. 
 
 Of insurance company, see INSURANCE, 
 46, 47. 
 
 Effect of, as notice. 25 L.R.A. 48. 
 
 Lien by, on corporate stock as notice of lien 
 to pledgee or assignee. 39 L.R.A. 
 (N.S.) 295. 
 
 Effect of change in, with respect to lien 
 on corporate stock on priorty of lien 
 of corporation as against pledgee or 
 bona fide purchaser of stock. 39 L.R.A. 
 (N.S.) 300. 
 
 Effect on lien of corporation on stock cer- 
 tificate of failure to post by-law giving 
 lien. 39 L.R.A. (N.S.) 300. 
 
 To compel acceptance of office. 24 L.R A 
 492. 
 
 Mandamus to enforce provision of bv-laws 
 of corporation. 32 L.R.A. 575. 
 
 8 21. as to voting and elections. 
 
 Right to vote by proxy under. 18 L.R.A. 
 ">84 -. 29 L.R.A. 845. 
 
 Regulation by by-laws of elections by pri- 
 vate corpora'tions. 18 L.R.A. 582. 
 
 Modification by, of quorum for meeting of 
 stockholders. 21 L.R.A. 175. 
 
 22. as to stock and stockholders 
 generally. 
 
 Restricting transfer of stock. 27 LRA 
 271. 
 
 Assessments on paid up stock under bv- 
 laws. 45 L.R.A. 651. 
 
 Effect of by-law requiring transfer of stock 
 on books. 67 L.R.A. 672. 
 
 CORPORATIONS, IV. cont'd 
 
 Estoppel of building association to assert 
 
 illegality of its by-law that the stock 
 
 will mature at a fixed time. 15 L.R.A. 
 
 (N.S.) 503. 
 Effect of by-law on stockholder's right to 
 
 inspect corporate books. 20 L.R.A. 
 
 (N.S.) 196. 
 
 F. Rights, powers, duties and liabili- 
 ties; contracts. 
 
 a. Rights and powers, generally. 
 
 23. Generally. 
 
 Right to consolidate, see supra, 14. 
 
 Of consolidated corporation, see supra, 15. 
 
 Powers of bank, see BANKS, 2. 
 
 Powers of loan associations, see BUILDING 
 AND LOAN ASSOCIATIONS, 2. 
 
 Powers of railroad company, see RAIL- 
 ROADS, 4. 
 
 Estoppel to deny corporate powers, see ES- 
 TOPPEL, 10. 
 
 Legal powers and privileges of surety and 
 trust companies. 48 L.R.A. 587. 
 
 Insurance on life of officer for benefit of 
 corporation. L.R.A.1915F, 979. 
 
 Injunction against judgments confessed by. 
 30 L.R.A. 240. 
 
 Delegation of power of taxation to corpo- 
 ration. 15 L.R.A.(N.S.) 61. 
 
 Power of corporation to insure life of officer 
 for benefit of corporation. 16 L.R.A. 
 (N.S.) 1020. 
 
 Right of corporation to circulate a black 
 list among its own agents and em- 
 ployees. 63 L.R.A. 292. 
 
 Right to sue for libel. 2 L.R.A-. (N.S.) 741. 
 
 Practice of law or medicine by corporation. 
 32 L,R.A.(N.S.) 56. 
 
 What is within charter power to build lat- 
 eral railroad. 12 L.R.A.(N.S.) 326. 
 
 Implied power of railroad company to guar- 
 antee enterprise other than the trans- 
 portation of goods or passengers. 2 
 L.R.A.(N.S.) 887; 38 L.R.A.(N.S.) 830. 
 
 24. Power to deal in its own stock. 
 
 Right of, to purchase its own shares of 
 stock. 18 L.R.A. 254; 61 L.R.A. 621; 
 25 L.R.A.(N.S.) 50; 30 L.R.A. (N.S.) 
 694; 44 L.R. A. (N.S.) 156; L.R.A. 
 1916F, 286. 
 
 25. Power to deal in stock of other 
 corporations. 
 
 Restriction on power to take under will, 
 see WILLS, 72, 73. 
 
 Power to deal in stock of other corpora- 
 tions. 18 L.R.A. 252. 
 
 Power of national bank to acquire and hold 
 stock of other corporations. L.R.A. 
 1916A, 584. 
 
 26. Property rights; charitable gifts 
 to. 
 
 Disposition of property essential to corpo- 
 rate existence, see infra, 133. 
 Of foreign corporation, see infra, 142.
 
 INDEX TO L.K.A. NOTES. 
 
 293 
 
 CORPORATIONS, V. a cont'd 
 
 As beneficiaries of charitable bequest. 14 
 L.R.A.(N.S.) 140; 37 L.R.A.(N.S.) 
 1019. 
 
 Law governing validity of bequest to. 2 
 L.R.A.(N.S.) 440. 
 
 Effect of subsequent incorporation to make 
 valid a gift to an unincorporated asso- 
 ciation. 14 L.R.A. 410. 
 
 Right to locate mining claim. 7 L.R.A. 
 (N.S.)' 816. 
 
 Right of de facto corporation to exercise 
 power of eminent domain. 2 L.R.A. 
 (N.S.) 144; 50 L.R.A. (N.S.) 236. 
 
 Power of corporation to dedicate property 
 for public use. 8 L.R.A.(N.S.) 966. 
 
 Disposition of real property, on dissolution 
 of corporation created for benevolent 
 or social purposes. 35 L.R.A. (N.S.) 
 895. 
 
 Injunction against execution sale of prop- 
 erty of quasi public corporation. 30 
 L.R.A. 104. 
 
 26a. who may contest power of 
 corporation to take or hold prop- 
 erty. 
 
 Right of private persons to contest the pow- 
 er of a corporation to take or hold 
 property. 32 L.R.A. 293; 9 L.R.A. 
 (N.S.) 689; 46 L.R.A.(N.S.) 72. 
 The inability of the corporation to hold 
 the property does not give immun- 
 ity to wrongdoers. 32 L.R.A. 295. 
 Right of persons contracting with cor- 
 poration. 32 L.R.A, 295. 
 Defective organization and forfeiture. 
 
 32 L.R.A. 295. 
 Suits by the corporation. 32 L.R.A. 
 
 296. 
 
 Specific performance. 32 L.R.A. 296. 
 Property acquired by will. 32 L.R.A. 
 
 297; 44 L.R.A. (N.S.) 544. 
 Who may take advantage of statute ren- 
 dering 'foreign corporation incapable of 
 taking title to real property. 33 
 L.R.A.(N.S.) 355. 
 
 27. As trustee for charitable trust. 
 
 As trustee for charitable trust. 14 L.R.A. 
 (N.S.) Ill; 37 L.R.A.(N.S.) 1011. 
 
 ft. Contracts generally; ultra vires. 
 
 28. Generally. 
 
 Of foreign corporations, see infra, 148. 
 Rights and powers of corporate officers as 
 
 to, see infra, 44, 45, 48. 
 Validity of contract, see CONTRACTS, 93- 
 
 96. 
 Power to give mortgage, see MORTGAGE, 
 
 10. 
 
 Estoppel to set up plea of ultra vires. 1 
 L.R.A. 285;* 11 L.R.A. 847;* 12 
 L.R.A. 168;* 20 L.R.A. 765. 
 
 Conveyance by corporation of land held ad- 
 versely. 35 L.R.A. (N.S.) 748. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CORPORATIONS, V. b cont'd 
 
 Liability of insurance company on con- 
 tracts of another company which it 
 has absorbed or attempted to absorb. 
 36 L.R.A. (N.S.) 597. 
 
 Liability of corporation on contracts of 
 promoters. 26 L.R.A. 544; 50 L.R.A. 
 (N.S.) 979. 
 
 Enforceability of loan to private corpora- 
 tion, which alone, or in connection 
 with existing indebtedness, exceeds the 
 corporation's power to incur indebted- 
 ness. 11 L.R.A.(N.S.) 598. 
 
 Recovery for services and expenses under 
 running contract with a corpora- 
 tion ended by its insolvency and 
 dissolution. 69 L.R.A. 124. 
 
 Removal for separable controversy of suit 
 by stockholders growing out of ultra 
 vires acts. 5 L.R.A. (N.S.) 82. 
 
 Power of corporation to contract to defray 
 medical expenses of their injured em- 
 ployees. L.R.A.1915C, 793. 
 
 Power of brewing corporation to purchase 
 or lease property to be used by re- 
 tailers of its products. 47 L.R.A.(N.S.) 
 898. 
 
 Secret dealings between vendor and one who 
 promoted the organization of a corpo- 
 rate purchaser as a ground for rescis- 
 sion of contract. L.R.A.1916C, 1000. 
 
 Effect of statutes forbidding corporate offi- 
 cers, directors, or stockholders to be 
 interested directly or indirectly in 
 dealings with the corporation. L.R.A. 
 1916A, 783. 
 
 29. Contracts of guaranty. 
 
 Implied power of railroad company to guar- 
 antee enterprise other than the trans- 
 portation of goods or passengers.- 38 
 L.R.A. (N.S.) 830. 
 
 Right of railroad company to guarantee the 
 securities of another railroad company. 
 L.R.A.1918D, 175. 
 
 Liability under continuing guaranty run- 
 ning to corporation for goods sold or 
 credits extended after a change in the 
 corporation. 14 L.R.A. (N.S.) 1231. 
 
 Power of corporation organized for the 
 manufacture and sale of liquor to en- 
 ter into contracts of guaranty or sure- 
 tyship on behalf of its customers, 
 or prospective customers. 27 L.R.A. 
 (N,S.) 186; L.R.A.1918C, 1008. 
 
 30. As to negotiable paper. 
 
 Rights and powers of officers as to, see 
 
 infra, 45. 
 Liability of corporate officers on, see infra, 
 
 55. 
 
 Power of corporation to issue accommoda- 
 tion paper. 9 L.R.A. (N.S.) 193. 
 
 Circumstances sufficient to put one taking 
 corporation paper on inquiry. 29 L.R.A. 
 (N.S.) 359; 44 L.R.A.(N.S.) 404; 
 L.R.A.1918F, 1153. 
 
 Commercial paper of, as payment of corpo- 
 rate debt. 35 L.R.A. (N.S.) 79. 
 
 Liability of corporation on negotiable pa- 
 per executed by officer or agent. 21 
 L.R.A.(N.S.) 1046.
 
 INDEX TO L.R.A. NOTES. 
 
 M 
 
 CORPORATIONS, V. b cont'd 
 
 Hi-lit of one who takes commercial paper 
 of corporation in payment of, or se- 
 ouritv for. an individual debt of offi- 
 cer 31 L.R.A.(N.S.) 169; L.R.A.1918F, 
 
 Power of agents to indorse. 27 L.R.A. 401. 
 Seal as affecting negotiability of bill or 
 
 note of corporation. 35 L.R.A. 606. 
 Effect of naming nonexistent corporation 
 
 as payee in negotiable instrument. 22 
 
 L.R.A.(N.S.) 507. 
 Purchase of corporate paper at discount as 
 
 usury. 43 L.R.A. (N.S.) 218. 
 Ownership of paper payable to directors or 
 
 officers of a corporation. 50 L.K.A. 
 
 (N.S.) 1115. 
 
 81. Availability of defense of usury 
 to or against corporation. 
 
 Effect of statute forbidding corporation to 
 plead usury. 62 L.R.A. 79. 
 
 Applicability of statute forbidding corpo- 
 ration to interpose defense of usury, as 
 affected by the foreign or domestic 
 character of the corporation, the situs 
 of the contract, or the place of suit. 
 16 L.R.A.(N.S.) 616. 
 
 Issuance of corporate bonds at less than 
 par as usury. 35 L.R.A. (N.S.) 1106. 
 
 32. Formal requisites. 
 
 Effect of vote or resolution by directors of 
 private corporation, without more, to 
 complete a contract. 18 L.R.A.(N.S.) 
 293. 
 
 Acknowledgment of corporate instrument 
 before one who is a stockholder or offi- 
 cer of corporation. 23 L.R.A.(N.S.) 
 1075. 
 
 Seal as affecting negotiability of bill or 
 note of corporation. 35 L.R.A. 606. 
 
 Estoppel to raise defense of ultra vires with 
 respect to contracts defective in point 
 of form. L.R.A.1917A, 770. 
 
 32a. Estoppel to raise defense of 
 ultra vires. 
 
 How far a private corporation is estopped 
 from raising the defense of ultra vires 
 in an action brought against it. L.R.A. 
 1917A, 749. 
 
 Estoppel against raising the defense of ultra 
 vires in actions brought by private cor< 
 poration. L.R.A.1917B, 821. 
 
 33. Who may question power of cor- 
 poration to make contract. 
 
 Who may contest power of corporation to 
 hold property, see supra, 26a. 
 
 Does the competition with one's business, 
 which results from the ultra vires act 
 of a corporation, entitle him to chal- 
 lenge the power of the corporation to 
 engage therein, i: L.R.A.(N.S.) 757. 
 
 Right of subsequent creditor to question 
 corporate mortgage in favor of, or for 
 the benefit of, directors, in absence of 
 fraud. 12 L.R.A.(N.S.) 825. 
 
 Beffin with this book on every law question. 
 
 CORPORATIONS, V. b cont'd 
 
 Laches or acquiescence by stockholder as 
 affecting his right to complain of act 
 by which corporation devests itself of 
 the title or control of its entire prop- 
 erty. 9 L.R.A.(N.S.) 606. 
 
 33a. Remedies of parties to ultra 
 vires contract. 
 
 Remedies which the parties to an ultra vires 
 contract are entitled to pursue apart 
 from an action on the contract itself. 
 L.R.A.1917A, 1026. 
 
 34. Ratification. 
 
 Implied ratification of unauthorized lo^n 
 effected by agent. 6 L.R.A. (N.S.) 311; 
 52 L.R.A.(N.S.) 571. 
 
 Ratification of acts of directors by vote of 
 stockholders including those who are 
 directors. 36 L.R.A. (N.S.) 199. 
 
 Of contracts of promoters. 26 L.R.A. 548; 
 50 L.R.A.(N.S.) 980. 
 
 Of unauthorized consolidation of corpora- 
 tion. 52 L.R.A. 373. 
 
 c. Liability of corporation. 
 
 35. Generally. 
 
 Liability on contracts, see supra, V. b. 
 Power of officers and agents to bind cor- 
 poration, see infra, VI. b. 
 Of consolidated corporation, see supra, 
 
 15. 
 For unauthorized transfer of stock on 
 
 books, see infra, 89. 
 Of carrier, see CARRIERS. 
 Of railroads, see RAILROADS, VII. a. 
 Of street railway, see STREET RAILWAYS, 
 
 IV. 
 Liability for libel or slander, see LIBEL AND 
 
 SLANDER, II. 
 To employees, see MASTER AND SERVANT, 
 
 III. a. 
 Taxation of corporations, see TAXES, 11, 
 
 33-39, 45, 46, 67. 
 Liability for trespass, see TRESPASS, 9. 
 
 Discretion of court as to penalty to be 
 imposed upon a corporation for viola- 
 tion of law. L.R.A.1915A, 892. 
 
 Constitutionality of retroactive statute 
 creating right of action against. 52 
 L.R.A. 938. 
 
 Liabilities of incorporated institutions be- 
 longing to state. 29 L.R.A. 383. 
 
 Liability as between corporation and one 
 acting in good faith, to whom it issues 
 new certificate of stock on forged au- 
 thority. 2 B. R. C. 528. 
 
 At whose instance judgment against cor- 
 poration may be set aside. 54, L.R.A. 
 763. 
 
 36. For what liable. 
 
 May a corporation be convicted of homi- 
 cide. 21 L.R.A. (N.S.) 998; 45 L.R.A. 
 (N.S.) 344. 
 
 Liability of corporation formed by firm, 
 partnership, or association for debts of 
 old concern, in the absence of express 
 assumption or fraud. 29 L.R.A. (N.S.) 
 589.
 
 INDEX TO L.R.A. NOTES. 
 
 295 
 
 CORPORATIONS, V. c cont'd 
 
 Duty to give clearance card to discharged 
 employee. 62 L.R.A. 925. 
 
 Liability of corporation for services ren- 
 dered before its organization, of which 
 it has had the benefit. 4 B. R. C. 757. 
 
 36a. torts. 
 
 Liability for libel or slander, see LIBEL 
 AND SLANDER. 
 
 For malicious prosecution. 14 L.R.A. 791. 
 
 Liability of corporation for exemplary dam- 
 ages in action for malicious prosecu- 
 tion or abuse of process in suing out 
 attachment for collection of debt only. 
 29 L.R.A.(N.S.) 280. 
 
 Liability for torts as within express as- 
 sumption by one corporation of indebt- 
 edness of another on consolidation, 
 merger, or absorption. 26 L.R.A. 
 (N.S.) 1101. 
 
 Liability of private corporation for re- 
 moval of lateral or subjacent support 
 while exercising power of eminent do- 
 main. 68 L.R.A. 701. 
 
 For damming back water of stream. 59 
 L.R.A. 858. 
 
 Liability growing out of the giving or re- 
 fusing of information affecting the 
 character or reputation of a servant. 
 4 L.R.A. (N.S.) 1091. 
 
 Liability of public corporation for safety 
 of wharf or dock. 61 L.R.A. 953. 
 
 Liability for tort committed by partner or 
 agent with the object of procuring 
 business. 5 B. R. C. 88. 
 
 37. For whose acts liable. 
 
 Liability of bank for acts of officers or em- 
 ployees, see BANKS, IV. 
 
 Liability for tort arising while it was in the 
 hands of a receiver. L.R.A.1918F, 320. 
 
 Criminal prosecution of corporation for 
 acts or omissions while in hands of 
 receiver. 26 L.R.A. (N.S.) 710. 
 
 For acts of independent contractor in re- 
 spect of matters incident to the exer- 
 cise of corporate franchise. 66 L.R.A. 
 136. 
 
 Liability of one railroad corporation pos- 
 sessing stock control of another for 
 the acts and contracts of the latter. 
 35 L.R.A.(N.S.) 770. 
 
 38. for acts of officers or agents. 
 
 For fraud or forgery of officers in issue of 
 stock. 19 L.R.A. 331; 41 L.R.A. (N.S.) 
 187. 
 
 Of corporation for charitable purposes for 
 act of servant. 23 L.R.A. 200. 
 
 Liability of corporation on negotiable pa- 
 per executed by officer or agent. 21 
 L.R.A. (N.S.) 1046. 
 
 Liability of corporation for slander or libel 
 by an agent or employee. 21 L.R.A. 
 (N.S.) 873; L.R.A.1915D, 867. 
 
 Liability of, for acts of special police offi- 
 cer appointed by public authority. 23 
 L.R.A. (N.S.) 289; 30 L.R.A. (N.S.) 
 481; 39 L.R.A.(N.S.) 122; 43 L.R.A. 
 (N.S.) 1164; L.R.A.1915C, 1183. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CORPORATIONS, V. c cont'd 
 False statements in reports required to be 
 filed with public officers, as fraud which 
 will sustain an action against the cor- 
 poration. 35 L.R.A. (N.S.) 858. 
 Liability of corporation for fraud or for- 
 gery of its officers in the issue of 
 stock. 41 L.R.A. (N.S.) 187. 
 
 39. Criminal liability; contempt. 
 
 Liability for homicide, see HOMICIDE, 4. 
 
 Criminal responsibility of corporations. 2 
 
 B. R. C. 231. 
 Criminal prosecution of corporation for acts 
 
 or omissions while in hands of receiver. 
 
 26 L.R.A.(N.S.) 710. 
 Criminal responsibility of corporation for 
 
 acts of servant or agent. 43 L.R.A. 
 
 (N.S.) 40. 
 Criminal responsibility of railroad company 
 
 for blocking street or highway cross- 
 ing. L.R.A.1915B, 329. 
 Punishment of corporation for contempt, 
 
 4 L.R.A.(N.S.) 1001. 
 
 VI. Officers and agents. 
 
 a. In general. 
 
 40. Generally. 
 
 Liability of corporation for acts of officers 
 or agents, see supra, V. c. 
 
 Of bank, see BANKS, 6-8a. 
 
 Notice to officer or agent of corporation as 
 binding corporation, see NOTICE, 15. 
 
 Service of process on, see WRIT AND PROC- 
 ESS, 26. 
 
 Officers as "employees" within meaning oi 
 Workmen's Compensation Act. L.R.A. 
 1918F, 203. 
 
 Officer of bankrupt corporation as within 
 protection of provision of bankruptcy 
 act as to use in criminal proceedings of 
 testimony given by bankrupt. L.R.A. 
 1917B, 614. 
 
 Directors, trustees, and officers of incorpo- 
 rated institutions belonging to state. 
 29 L.R.A. 384. 
 
 Mandamus to compel surrender of office. 
 31 L.R.A. 360. 
 
 Mandatory injunction to. 20 L.R.A. 167. 
 
 Service of process on director of foreign 
 corporation. 23 L.R.A. 494. 
 
 Competency as an attesting witness of offi- 
 cer of corporation named as executor 
 or trustee. L.R.A.1916D, 185. 
 
 Power of public to determine capacity or 
 suitableness of particular officer, agent 
 or employee of private corporation. 
 L.R.A.1915E, 708. 
 
 Quo warranto or information in nature of 
 quo warranto to test title to office. 51 
 L.R.A. (N.S.) 1126. 
 
 Validity of contract or option by director 
 for purchase of stock of employee of 
 corporation upon discontinuance of 
 employment. L.R.A.1916D, 1117.
 
 INDEX TO L.R.A. NOTES. 
 
 CORPORATIONS, VI. a cont d. 
 
 Insurance on life of officer of corporation 
 for benefit of the corporation. 10 
 LR.A.(N.S.) 1020; L.R.A.1915F, 979. 
 
 Reports to corporation by agents as privi- 
 leged communication. 6 L.K.A.(JN.b.) 
 
 Right of one who takes commercial paper 
 of corporation in payment of, or se- 
 curity for, an individual debt of officer. 
 31 L.R.A.(N.S.) 169; L.R.A.1918F, 
 1163. . 
 
 Ratification of acts of directors by vote of 
 stockholders including those who are 
 directors. 36 L.R.A.(N.S.) 199. 
 
 Secret bonus to officer or director as af- 
 fectin" right to enforce contract against 
 corporation. 7 L.RJMN.S.) 467. 
 
 Inherent jurisdiction of equity at instance 
 of stockholder to appoint receiver, or 
 wind up the corporation because of 
 mismanagement or fraud of its officers. 
 39 L.R.A.(N.S.) 1032; L.R.A.1915A, 
 606. 
 
 41. Directors de facto. 
 
 Who are. 15 L.R.A. 418. 
 
 Eligibility. 15 L.R.A. 419. 
 
 Termination of right to act as directors. 
 15 L.R.A. 419. 
 
 42. Affidavit or verification by. 
 
 Does description of affiant in an affidavit 
 for attachment, as a specified officer of 
 a corporation, import that he is an 
 agent of the corporation, as required 
 by statute. 14 L.R.A.(N.S.) 1135. 
 
 IB affidavit or verification by officer of 
 corporation to be regarded as made by 
 an agent of the corporation. 16 L.R.A. 
 (N.S.) 703. 
 
 b. Bights and powers of. 
 1. In general. 
 
 g 43. Generally. 
 
 Officers of bank, see BANKS, 8. 
 
 Bound to notice by-laws. 25 L.R.A. 48. 
 
 How far corporation charged with knowl- 
 edge of managing officer engaged in il- 
 legal act. 2 L.R.A. (N.S.) 993. 
 
 Directors and officers as preferred creditors. 
 22 L.R.A. 806. 
 
 Power of directors to increase capital stock. 
 38 L.R.A. 617. 
 
 Right of director to rely on statements 
 made by persons in immediate charge 
 of corporation's business. 6 B. R. C. 
 195. 
 
 Right of directors, when creditors of cor- 
 poration, to enforce stockholders' lia- 
 bility to creditors. 50 L.R.A. 273. 
 
 Right of officer of corporation to refuse to 
 turn over books to a receiver upon the 
 ground that they have a tendency to 
 incriminate him. 30 L.R.A. (N.S.) 725. 
 
 Power of corporation to insure life of offi- 
 cer for benefit of corporation. 16 
 I*R.A.(N.S.) 1020; L.R.A.1915F, 979 
 
 Right of minority stockholder to restrain 
 voluntary dissolution of corporation by 
 directors. 23 L.R.A.(N.S.) 1177. 
 
 CORPORATIONS, V. b, 1 cont'd 
 
 Right of receiver to compel officers of corpo- 
 ration to deliver to receiver property of 
 corporation claimed by them adversely. 
 47 L.R.A.(N.S.) 751. 
 
 Effect of statutes forbidding corporate offi- 
 cers or directors to be interested di- 
 rectly or indirectly in dealings with the 
 corporation. L.R*.A.1916A, 783. 
 
 Right of directors to vote bonus to officers 
 
 as compensation for services. 
 1915D, 632. 
 
 L.R.A. 
 
 Begin with this booh on every law question. 
 
 44. As to contracts. 
 
 Of president or vice president, see infra. 
 48. 
 
 Validity of individual contract of director 
 to pay dividends. L.R.A.1917A, 1077. 
 
 Authority to contract for services of other 
 persons. L.R.A.1918F, 32. 
 
 Time for which contracts of employment 
 may be made. 49 L.R.A. 471; 17 L.R.A. 
 (N.S.) 177. 
 
 Implied or presumed authority of superin- 
 tendent of department to contract as 
 to matters relating to his department. 
 38 L.R.A.(N.S.) 1135. 
 
 Power of officers against consent of mi- 
 nority stockholders to sell property of 
 corporation essential to its existence 
 as a going concern. 35 L.R.A. (N.S. ) 
 396. 
 
 Implied power of employee of corporation 
 to employ physician to attend injured 
 employee. 4 L.R.A. (N.S.) 58; 34 
 L.R.A.(N.S.) 351; L.R.A.1915C, 809. 
 
 45. as to negotiable paper. 
 
 Liability on, see infra, 55. 
 
 Power of president or vice president of a 
 corporation to make. 14 L.R.A. 357. 
 
 Liability of corporation on negotiable pa- 
 per executed by officer or agent. 21 
 L.R.A. (N.S.) 1046. 
 
 Right of one who takes commercial paper 
 of corporation in payment of note or 
 as security for individual debt of offi- 
 cer. 31 L.R.A.(N.S.) 169; L.R.A. 
 1918F, 1163. 
 
 Check drawn by corporate officer payable to 
 his own order as imparting notice to 
 drawee bank of an intended misappro- 
 priation. L.R.A.1915B, 715. 
 
 Power of agents to indorse negotiable paper. 
 27 L.R.A. 401. 
 
 Ownership of paper payable to director or 
 officers. 50 L.R.A.(N.S.) 1115. 
 
 Is officer or employee of corporation charge- 
 able with its knowledge of infirmities 
 in commercial paper purchased from it. 
 L.R.A.1915D, 1099. 
 
 46. To take acknowledgment. 
 
 Right of officer of corporation to take ac- 
 knowledgment of instrument in which 
 corporation interested. 33 L.R.A. 337; 
 23 L.R.A.(N.S.) 1078; 41 L.R.A. (N.S.) 
 375.
 
 INDEX TO L.R.A. NOTES. 
 
 297 
 
 CORPORATIONS, V. b cont'd. 
 2. Of president and vice president. 
 
 47. Generally. 
 
 Powers of president. 14 L.R.A. 356. 
 When vice president may exercise author- 
 ity of president. 14 L.R.A. 360. 
 
 48. As to contracts. 
 
 As to contracts, generally. 14 L.R.A. 356. 
 
 Presumption that a contract with a corpo- 
 ration is within the authority of its 
 president. 7 L.R.A.(N.S.) 376. 
 
 Authority of president to contract for serv- 
 ices of other persons. L.R.A.1918F, 33. 
 
 Time for which contracts of employment 
 may be made by. 49 L.R.A. 472. 
 
 c. Compensation". 
 
 49. Generally. 
 
 Treatment of salaries paid officers in esti- 
 mating the return of a public service 
 corporation for rate-making purposes. 
 52 L.R.A. (N.S.) 53, 69. 
 
 Right of officer, director, or stockholder, in 
 absence of special contract, to compen- 
 sation for services to corporation. 
 L.R.A.1917F, 310. 
 
 Validity of a contract to pay an officer of 
 a railroad company for his own bene- 
 fit conditioned on specified location of 
 road or a depot. 6 L.R.A. (N.S.) 524; 
 25 L.R.A.(N.S.) 967. 
 
 Liability of corporate directors as affected 
 by compensation. 55 L.R.A. 773. 
 
 Priority of claims against property in hands 
 of receiver for services of officers. 2 
 L.R.A. (N.S.) 1036, 1060. 
 
 Effect of corporate dissolution on. 69 L.R.A. 
 144. 
 
 Right as between trustee and cestui que 
 trust to compensation due for former's 
 services as director. 1 B. R. C. 313. 
 
 Right of directors to vote bonus to officers 
 as compensation for services. L.R.A. 
 1915D, 632. 
 
 d. Fiduciary relation. 
 
 50. Generally. 
 
 Effect of statutes forbidding corporate offi- 
 cers or directors to be interested direct- 
 ly or indirectly in dealings with the 
 corporation. L.R.A.1916A, 783. 
 
 Secret bonus to officer or director of corpo- 
 ration as affecting right to enforce 
 contract against corporation. 7 L.R.A. 
 (N.S.) 467. 
 
 Liability of promoter on sale to corpora- 
 tion of property for sale of which he 
 is agent. 18 L.R.A. (N.S.) 1135. 
 
 Duty of director toward one from whom 
 'he purchases stock. L.R.A.1916B, 708. 
 
 Are directors under any obligation to dis- 
 close matters which may make shares 
 more valuable, before purchasing shares 
 from individual stockholders. 4 B. R. 
 C. 792. 
 
 Fiduciary relationship to interest adverse to 
 that of corporation as disqualifying di- 
 rector. 7 B. R. C. 81. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CORPORATIONS, V. d cont'd 
 
 51. Dealings between corporations 
 having common officers or direc- 
 tors. 
 
 Validity in general. 33 L.R.A. 788. 
 
 Ratification. 33 L.R.A. 790. 
 
 When one company controls the other. 33 
 L.R.A. 791. 
 
 Lack of consideration; transactions out of 
 the usual course of business. 33 L.R.A. 
 793. 
 
 Actual fraud or unfair advantage to direct- 
 ors. 33 L.R.A. 794. 
 
 Presumption as to unfairness. 33 L.R.A. 
 796. 
 
 e. Diitics and personal liabilities of. 
 1. In general. 
 
 52. Generally. 
 
 Of promoters, see infra, 64, 65. 
 Liability to garnishment for corporate debt, 
 see GARNISHMENT, 5. 
 
 Duty of corporate officers to produce books 
 or papers pursuant to subpoena dnces 
 tecum or order of court. L.R.A.1915B, 
 981. 
 
 Failure of foreign corporation to comply 
 with conditions of doing business in 
 the state as a defense to action by it 
 against officer or agent. L.R.A.1916A, 
 646. 
 
 Personal liability of officers of incorporated 
 institutions belonging to state. 29 
 L.R.A. 385. 
 
 Personal liability of officer for act or trans- 
 action in excess of corporate powers or 
 in violation of law. 6 L.R.A. (N.S.) 
 1003. 
 
 Liability of officers of mutual insurance 
 company to members for permitting 
 diversion of funds. 2 L.R.A.(N.S.) 165. 
 
 Personal liability to other contracting par- 
 ty of one who, without authority, as- 
 sumes to contract as agent for a cor- 
 poration. 34 L.R.A. (N.S.) 524. 
 
 Personal liability at common law of offi- 
 cers to other party to act or transac- 
 tion in excess of corporate 'authority. 
 6 L.R.A.(N.S.) 1003. 
 
 Liability of executive officers or employees 
 to corporation for exceeding its powers. 
 L.R.AJ918A, 922. 
 
 Responsibility of higher officials for criminal 
 homicide in operation of railroad or 
 street railway. L.R.A.1917C, 538. 
 
 53. To purchasers of stock. 
 
 Liability of corporate officer for misrepre- 
 sentations which induce the sale or pur- 
 chase of stock. 1 L.R.A. (N.S.) 258. 
 
 Liability of officers of a corporation to one 
 who purchases stock from an individ- 
 ual in reliance on a prospectus issued 
 to induce purchase of treasury stock. 
 28 L.R.A. (N.S.) 359. 
 
 Fraud in sale of corporate stock by one 
 officer or director to another. L.R.A. 
 1916B, 703.
 
 INDEX TO L.R.A. NOTES. 
 
 298 
 
 CORPORATIONS, V. e, 1 cont'd 
 
 54. To creditors of corporation. 
 
 Liability of directors, see infra, 58. 
 
 Garnishment of officer or agent of, by cred- 
 itor of corporation. 36 L.R.A. 501. 
 
 Does statutory liability of officers for debts 
 include liability for torts. 22 L.K.A. 
 (N.S.) 256. 
 
 Liability of corporate officers who fail to 
 file report required by statute, to sure- 
 ty or guarantor of corporate paper. 
 35 L.R.A.(N.S.) 855. 
 
 55. On negotiable paper. 
 
 Personal liability of officers on note made 
 for corporation. 19 L.R.A. 676. 
 
 Personal liability of officer signing paper 
 and adding words indicating represen- 
 tative capacity to his signature. 42 
 L.R.A.(N.S.) 53. 
 
 Extrinsic evidence to show who is liable 
 as maker of note. 20 L.R.A. 705. 
 
 Extension of time to corporation as af- 
 fecting liability of officers who sign as 
 sureties or indorsers. 47 L.R.A.(N.S.) 
 274: 
 
 56. For torts, fraud, or negligence. 
 
 Joinder of stockholders in suit against of- 
 ficer or director based upon transac- 
 tions inter se. 46 L.R.A.(N.S.) 137. 
 
 Failure of foreign corporation to comply 
 with conditions of doing business in 
 the state as defense of action by it 
 against officer or agent for embezzle- 
 ment. L.R.A.1916A, 650. 
 
 Personal liability of officers for torts or 
 negligence of corporation. 28 
 L.R.A. 421. 
 
 Personal liability of officer of corporation 
 for personal injuries from torts in con- 
 nection with its business. 39 L.R.A. 
 (N.S.) 901; L.R.A.1915C, 874. 
 
 Liability of officers to corporation for 
 
 amount it has been compelled to pay 
 because of their tort. 40 L.R.A.(N.S.) 
 1102. 
 
 False statements in reports required by 
 statute to be made to public officers as 
 basis of action by individuals at com- 
 mon law for deceit against officers per- 
 sonally. 6 L.R.A.(N.S.) 872. 
 
 Jurisdiction of equity over suits by a cor- 
 poration or its representative to hole 
 the officers liable for losses occasioned 
 by their fraud, bad faith, or negligence 
 8 L.R.A.(N.S.) 739. 
 
 Liability of editor or manager of a news 
 paper for libel published without his 
 knowledge. 10 L.R.A.(N.S.) 332; 
 L.R.A.1918F, 287. 
 
 2. Of directors. 
 
 8 57. Generally. 
 
 Liability of bank directors, see BANKS, 7. 
 Measure of damages against directors, see 
 DAMAGES, 51. 
 
 Liability of directors for misconduct of 
 executive officers and employees. 55 
 L.R.A. 766. 
 
 CORPORATIONS, V. e, 2 cont'd 
 
 Liability for nonattendance of codirectors 
 at meetings. 55 L.R.A. 771. 
 
 Extraterritorial enforcement of statutory 
 liability of directors of corporations. 
 41 L.R.A. (N.S.) 379. 
 
 Admissibility of account books in evidence 
 to establish personal liability of di- 
 rectors. 53 L.R.A. 537. 
 
 Duty of director toward one from whom he 
 purchases stock. L.R.A.1916B, 708. 
 
 57a. for torts and fraud. 
 
 viability to corporation for, see infra, 59. 
 
 Personal liability of directors for personal 
 injuries resulting from tort. 39 L.R.A. 
 (N.S.) 901; L.R.A.1915C, 874. 
 lability of directors to corporation for 
 amount it has been compelled to pay 
 because of their tort. 40 L.R.A. (N.S.) 
 1102. 
 
 False statements in reports required by 
 statute to be made to public officers as 
 basis of action by individuals at com- 
 mon law for deceit against directors 
 personally. 6 L.R.A.(N.S.) 872. 
 
 58. To creditors of corporation. 
 
 Liability of directors for permitting busi- 
 ness before capital stock is all sub- 
 scribed. 35 L.R.A. (N.S.) 453. 
 
 Liability of directors for corporate debts 
 where they sell the entire corporate 
 property and distribute the proceeds. 
 26 L.R.A.(N.S.) 267. 
 
 Liability of directors directly to creditors 
 of the corporation, suing in their own 
 right, for negligence or other breach of 
 duty owed primarily to the corporation. 
 45 L.R.A. (N.S.) 421. 
 
 Liability of directors under statutes pur- 
 porting to make them liable for con- 
 tracting debts in excess of a fixed 
 limit. L.R.A.1915D, 1028. 
 
 Limitation of actions against directors for 
 
 malfeasance 
 1917A, 980. 
 
 or nonfeasance. L.R.A. 
 
 59. To the corporation. 
 
 Of promoters, see infra, 65. 
 
 Under statutes purporting to make direct- 
 ors liable for contracting debts in ex- 
 cess of a fixed limit. L.R.A.1915D, 
 1028. 
 
 Right of holding corporation to maintain 
 action against its own director for an 
 injury to the subsidiary corporation. 
 L.R.A.1915F, 617. 
 
 Standard or degree of care. 55 L.R.A. 752. 
 Liability for acts in excess of their power. 
 
 55 L.R.A. 758. 
 
 Liability for exceeding powers of corpora- 
 tion. L.R.A.1918A, 922. 
 Liability for their own acts and omissions 
 with respect to matters within 
 their authority. 55 L.R.A. 761. 
 Liability for misconduct of executive offi- 
 cers and employees. 55 L.R.A. 766. 
 Liability for acts and omissions of codirect- 
 ors. 55 L.R.A. 771. 
 
 Begin u*ith this boo7c on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 299 
 
 CORPORATIONS, V. e, 2 cont'd 
 
 Liability as affected by compensation. 55 
 L.R.A. 773. 
 
 Measure of damages; items of loss. 55 
 L.R.A. 774. 
 
 Jurisdiction of equity over suits by corpo- 
 ration or its representative to hold the 
 directors liable for losses occasioned by 
 - their fraud, bad faith or negligence. 
 8 L.R.A.(N.S.) 739. 
 
 Limitation of actions against directors for 
 malfeasance or nonieasance. L.R.A. 
 1917A, 980. 
 
 /. Meetings; elections. 
 
 6O. Generally. 
 
 Meetings of stockholders, see infra, VIII. f. 
 
 Mandamus to compel calling of meeting. 
 L.R.A. 1915E, 774. 
 
 Casual meeting of directors as a meeting of 
 the board. 7 B. R. C. 383. 
 
 Validity of agreement to elect "dummy" 
 directors. 27 L.R.A. (N.S.) 658. 
 
 Liability for nonattendance of codirectors 
 at meetings. 55 L.R.A. 771. 
 
 What constitutes a unanimous or a ma- 
 jority vote of directors. 41 L.R.A. 
 (N;S.) 130. 
 
 Directors voting by proxy. 29 L.R.A. 848. 
 
 Effect of vote or resolution by directors of 
 private corporation without more to 
 complete contract. 18 L.R.A. (N.S.) 
 293. 
 
 Right to receiver on failure to elect offi- 
 cers. 20 L.R.A. 213. 
 
 g. Removal of. 
 
 61. Generally. 
 
 Right of attorney general or other repre- 
 sentative of state to maintain suit or 
 proceeding to remove officers of private 
 corporation. 18 L.R.A. (N.S.) 672. 
 
 Power of directors to remove their own ap- 
 pointee who is one of the class of offi- 
 cers to whom the management of the 
 business is confided. 23 L.R.A. (N.S.) 
 1293. 
 
 VII. Promoters and incorporators. 
 
 62. Generally. 
 
 As to payment for stock by transfer of 
 property, see infra, 106. 
 
 Relations and rights of syndicate members. 
 40 L.R.A. 216. 
 
 Validity and enforceability, inter se, of 
 agreements between promoters. L.R.A. 
 1918E, 833. 
 
 Validity of contract which contemplates the 
 turning over by a railroad company to 
 a construction company of bonds and 
 stocks of the former of a par value in 
 excess of cost of construction. 13 
 L.R.A. (N.S.) 191. 
 
 Secret dealings between vendor and one who 
 promoted the organization of a corpo- 
 rate purchaser as a ground for rescis- 
 sion of contract. L.R.A.1916C, 1000. 
 
 63. Inability of corporation on con- 
 tracts of. 
 
 Liability in general. 50 L.R.A. (N.S.) 980. 
 Consult also L.R.A. Digests of Cases. 
 
 CORPORATIONS, VII. cont'd 
 
 Cases recognizing liability. 26 L.R.A. 544. 
 
 Modification of the doctrine of liability. 
 
 26 L.R.A. 545. 
 
 Denial of liability. 26 L.R.A. 545. 
 Statutory liability. 26 L.R.A. 546. 
 Apparent exceptions to rule. 26 L.R.A. 546. 
 Services rendered after incorporation. 26 
 
 L.R.A. 547. 
 
 Ratification. 26 L.R.A. 548. 
 Means of ratification. 26 L.R.A. 548. 
 Adoption and ratification. 26 L.R.A. 549; 
 
 50 L.R.A.(N.S.) 980. 
 Receiving benefit. 26 L.R.A. 550. 
 Fraud. 26 L.R.A. 551; 50 L.R.A.(N.S.) 987. 
 Becoming party. 26 L.R.A. 551. 
 Ultra vires contracts. 50 L.R.A. (N.S.) 987. 
 Enforcing. 26 L.R.A. 551. 
 Question for jury 26 L.R.A. 551. 
 
 64. Duties and liability. 
 
 Measure of damages against promoters, see 
 DAMAGES, 51. 
 
 Partnership liability of stockholders in case 
 of defective or illegal incorporation. 
 17 L.R.A. 550; L.R.A.1916C, 196. 
 
 65. liability to corporation and its 
 members. 
 
 In general. 25 L.R.A. 90; 18 L.R.A. (N.S.) 
 1106. 
 
 Nature of the relation. 18 L.R.A. (N.S.) 
 1106. 
 
 Character of promoter's liability. 25 L.R.A. 
 99. 
 
 Duty of promoter generally. 25 L.R.A. 
 90. 
 
 Duty of promoter to make disclosure. 18 
 L.R.A.(N.S.) 1107. 
 
 To who and how disclosure to be made. 18 
 L.R.A. (N.S.) 1108. 
 
 What constitutes false representations. 18 
 L.R.A.(N.S.) 1109. 
 
 Meaning of "representation." 18 L.R.A. 
 (N.S.) 1110. 
 
 Liability of promoter for secret profits. 25 
 L.R.A. 92; 18 L.R.A.(N.S.) 1110. 
 
 Liability of promoter on sale to corporation 
 of property owned by promoter. 18 
 L.R.A.(N.S.) 1112. 
 
 Sales by promoter to corporation generally. 
 25 L.R.A. 90. 
 
 Liability of promoter on sale to corpora- 
 tion of property on which promoter 
 holds option. 18 L.R.A. (N.S.) 1114. 
 
 Liability of promoter on sale to corpora- 
 tion of property for sale of which pro- 
 moter is agent. 18 L.R.A.(N.S.) 1115. 
 
 Effect on liability of promoter selling prop- 
 erty to corporation, of assent of hold- 
 ers of all the stock issued at the time 
 of the transaction. 18 L.R.A. (N.S.) 
 1116. 
 
 Liability of promoter for damages for fail- 
 ure to organize corporation. 18 L.R.A. 
 (N.S.) 1119. 
 
 Liability of promoter to bonus givers. 18 
 L.R.A. (N.S.) 1119.
 
 300 
 
 INDEX TO L.R.A. NOTES. 
 
 CORPORATIONS, VII. ont'd 
 
 Liability of aiders and principals of pro- 
 moters. 18 L.R.A.(N.S.) 1119. 
 
 Rights and liabilities of promoters inter 
 se. 18 LJLA.(N.S.) 11-J1. 
 
 Remedies of corporation at law. 18 L.R.A. 
 (N.S.) 1122. 
 
 Remedies of corporation in equity. 18 
 L.R.A.(N.S.) 1123. 
 
 Remedies of corporation as affected by 
 rights of third persons. 18 L.R.A. 
 (N.S.) 1124. 
 
 Remedies of stockholders. 18 L.R.A. (N.S.) 
 1125. 
 
 Measure of damages. 18 L.R.A.(N.S.) 
 1131. 
 
 Various defenses of promoters in actions 
 by the corporation. 18 L.R.A. (N.S.) 
 1134. 
 
 Defenses of promoters in actions by stock- 
 holders or subscribers. 18 L.R.A. (N.S.) 
 1134. 
 
 Duty to bondholders. 25 L.R.A. 99. 
 
 Effect of promoter's fraud upon corpora- 
 tion's right against subscriber. 25 
 L.R.A. 100. 
 
 Feigned subscriptions. 25 L.R.A. 101. 
 
 Waiver of fraud. 25 L.R.A. 102. 
 
 How suit should be brought. 25 L.R.A. 102. 
 
 Liability of incorporators for funds sub- 
 scribed to organize corporation, where 
 the incorporation is never completed. 
 16 L.R.A. (N.S.) 348. 
 
 Subscriber's right to recover from promoter 
 where subscription was procured by 
 fraud or misrepresentation. 33 L.R.A. 
 721. 
 
 Liability of promoters of a corporation to 
 one who purchases stock from an indi- 
 vidual in reliance on a prospectus is- 
 sued to induce purchase of treasury 
 stock. 28 L.R.A.(N.S.) 359. 
 
 VIII. Capital; stock and stockholders, 
 a. In general. 
 
 66. Generally. 
 
 By-laws as to, see supra, 22. 
 
 Right of corporation to purchase its own 
 stock, see supra, 24. 
 
 Power to deal in stock of other corporation, 
 see supra, 25. 
 
 Liability of promoters to, see supra, 65. 
 
 Stock in foreign corporation, see infra, XI. 
 
 Of bank, see Banks, 3-5. 
 
 Corporate stock of municipality, see MUNICI- 
 PAL CORPOBATIONS, 62. 
 
 Bonds, see BONDS, III. 
 
 Validity of agreement as to stock, see CON- 
 TRACTS, 94. 
 
 Collusiveness against stockholders of judg- 
 ment against corporation, see JUDG- 
 MENT, 46. 
 
 Liability of stock to levy, see LEVY AND 
 SEIZURE, 3. 
 
 Rights of life tenant as to stocks, see LIFE 
 TENANTS, 6. 
 
 Tax on corporate stock and stockholders, see 
 TAXES, 36. 
 
 Investments by trustee in corporate stock 
 or acceptance of corporate stock as 
 security, see TRUSTS, 26a. 
 
 CORPORATIONS, VIII. a cont'd 
 Competency of stockholder as a witness, see 
 
 WITNESSES, 24. 
 
 Right to recover money paid to a corpora- 
 tion in expectation of receiving cor- 
 porate stock which is never issued. 
 L.R.A.1918E, 754. 
 
 Situs of corporate stock for purposes of ad- 
 ministration. 24 L.R.A. 687. 
 
 Liability of directors for permitting busi- 
 ness before capital stock is all sub- 
 scribed. 35 L.R.A.(N.S.) 453. 
 
 Creation of partnership by community of 
 interest in capital stock. 18 L.R.A. 
 (N.S.) 1084. 
 
 Assumption on dissolution of partnership 
 of debts for capital or partnership 
 stock. 9 L.R.A. (N.S.) 71. 
 
 Acknowledgment before stockholder of a 
 corporation which is a party to the in- 
 strument. 23 L.R.A.(N.S.) 1075; 41 
 L.R.A. (N.S.) 375. 
 
 Effect of assent of all stockholders at time 
 of transaction to promoter's sale of 
 property to corporation. 18 L.R.A. 
 (N.S.) 1116. 
 
 Status of holder of "voting trust" certifi- 
 cates as a stockholder for purposes 
 other than voting the stock. 21 L.R.A. 
 (N.S.) 732. 
 
 Attachment of shares of stock in foreign 
 corporation. 55 L.R.A. 796. 
 
 Service of process on stockholder of foreign 
 corporation. 23 L.R.A. 494. 
 
 Qualified privilege of communication be- 
 tween members. 26 L.R.A.(N.S.) 1080. 
 
 Competency of stockholder, as a witness 
 where a corporation is a party to a 
 suit prosecuted by or against a personal 
 representative. 27 L.R.A. (N.S.) 816. 
 
 Competency as an attesting witness of 
 stockholder of corporation named as 
 executor or trustee. L.R.A.1916D, 185. 
 
 Right of stockholders of corporation inter- 
 ested in eminent domain proceedings 
 to serve as commissioners or jurors. 
 47 L.R.A.(N.S.) 169. 
 
 Effect of statutes forbidding stockholders 
 to be interested directly or indirectly 
 in dealings with the corporation. 
 L.R.A.1916A, 783. 
 
 Liability of agent to true owner for selling 
 or disposing of shares of stock intrust- 
 ed to him by his principal. 50 L.R.A. 
 (N.S.) 58. 
 
 Agreement of shareholder to become respon- 
 sible for amount of company's debt as 
 a "promise to answer for the debt of 
 another." 3 B. R. C. 611. 
 
 Validity of contract or option by director 
 for purchase of stock of employee of 
 corporation upon discontinuance of 
 employment. L.R.A.1916D, 1117. 
 
 Does agreement for payment contingent on 
 price of shares constitute insurance. 
 47 L.R.A.(N.S.) 300. 
 
 67. Ownership of stock; who may be 
 stockholders. 
 
 Charter restrictions on eligibility to become 
 
 Begin with this book on every law question. 
 
 a shareholder. 46 L.R.A. 618.
 
 INDEX TO L.R.A. NOTES. 
 
 301 
 
 CORPORATIONS, VIII. a cont'd 
 Right of nonresidents to become stockhold- 
 ers. 24 L.R.A. 252. 
 
 Sole ownership of stock of a corporation. 
 19 L.R.A. 684. 
 
 68. Bonus stock. 
 
 General principles. 38 L.R.A. 490. 
 Constitutional and statutory provisions. 38 
 
 L.R.A. 491. 
 Effect of recitals and nominal payment. 38 
 
 L.R.A. 492. 
 Stock as bonus to purchasers of bonds. 38 
 
 L.R.A. 493. 
 Mere acceptance of shares; surrender; can- 
 
 celation. 38 L.R.A. 494. 
 Rights of creditors. 38 L.R.A. 494. 
 Bona fide purchasers. 38 L.R.A. 494. 
 
 69. Forged or fraudulent issue. 
 
 Liability of corporation for fraud or forgery 
 of its officers in the issue of stock. 
 19 L.R.A. 331; 41 L.R.A.(N.S.) 
 187. 
 
 70. Increase of capital stock. 
 
 Power to increase capital stock of corpora- 
 tions. 38 L.R.A. 616. 
 
 Right as between owner of capital and in- 
 come, to increased stock. 16 L-.R.A. 
 461. 
 
 Right of existing stockholder to subscribe 
 for increase. 12 L.R.A.(N.S.) 969; 
 L.R.A.1918D, 741. 
 
 Assets of corporation as consideration for 
 increase of stock. 50 L.R.A. (N.S.) 68. 
 
 71. Reduction of capital stock. 
 
 Injunction against reduction of capital 
 stock. 1 L.R.A.(N.S.) 571. 
 
 Of preferred, guaranteed, and interest-bear- 
 ing stock. 27 L.R.A. 151. 
 
 72. Forfeiture of corporate stock. 
 
 Power to forfeit. 27 L.R.A. 305. 
 
 Validity of exercise of power. 27 L.R.A. 
 307. 
 
 Redemption or other remedy of stockholder. 
 27 L.R.A. 311. 
 
 Effect of forfeiture on personal liability of 
 stockholder. 27 L.R.A. 314. 
 
 Miscellaneous. 27 L.R.A. 321. 
 
 Effect of, on right to rescind subscription 
 for fraud. 33 L.R.A. 722. 
 
 Action by corporation for unpaid balance 
 of stock subscription after sale of for- 
 feited stock. 1 L,R.A.(N.S.) 902. 
 
 73. Condemnation of shares of mi- 
 nority stockholder. 
 
 See EMINENT DOMAIN, 6a. 
 
 74. Preferred, guaranteed, and in- 
 terest-bearing stock. 
 
 Power to issue. 27 L.R.A. 136. 
 
 Validity of guaranty of dividends. 46 
 
 L.R.A.(N.S.) 637. 
 
 Estoppel to deny validity. 27 L.R.A. 139. 
 Nature of interest created by. 27 L.R.A. 
 
 140. 
 Rights and preferences as to assets. 27 
 
 L.R.A. 142. 
 Consult also L.R.A. Digests of Cases. 
 
 CORPORATIONS, VIII. a cont'd 
 
 Rights and preferences in dividends. 27 
 L.R.A. 143. 
 
 Remedy to obtain or -protect dividends. 27 
 L.R.A. 148. 
 
 Guaranty of dividends by outside party. 27 
 L.R.A. 149. 
 
 Interest-bearing stock. 27 L.R.A. 149. 
 
 Special stock. 27 L.R.A. 151. 
 
 Reduction of shares. 27 L.R.A. 151. 
 
 Right of preferred stock to preference as to 
 capital. 27 L.R.A. 136; 21 L.R.A. 
 (N.S.) 228; 39 L.R.A.(N.S.) 1007. 
 
 Right to have earnings applied to payment 
 of dividends on preferred stock of 
 previous years. 3 L.R.A. (N.S.) 1034. 
 
 Right of holder of preferred stock, in ab- 
 sence of express statutory provision or 
 agreement to share in earnings, in ad- 
 dition to the stipulated dividends. 24 
 L.R.A. (N.S.) 1078. 
 
 Right of holder of preferred stock to vote 
 at corporate meetings. 2 L.R.A. (N.S.) 
 121. 
 
 75. Stolen certificates. 
 
 Rights of owner to stolen certificates. 
 L.R.A. 605. 
 
 13 
 
 76. IJien on stock. ^ ^u >; 
 
 Effect of by-laws as notice as to lien on 
 
 stock. 25 L.R.A. 48; 39 L.R.A. (N.S.) 
 
 295. 
 Priority as between lien of corporation and 
 
 pledgee or bona fide purchaser. 39 
 
 L.R.A. (N.S.) 292. 
 Lien of corporation upon stock as affected 
 
 by bar of limitations against action on 
 
 debt of stockholder. L.R.A.1917F, 
 
 1106. 
 
 6. Subscriptions. 
 
 77. Generally. 
 
 As to liability upon, see infra, VIII. e. 
 
 Effect of transfer on liability of stock- 
 holders, see infra, VIII. e, 3. 
 
 Rights as to, on insolvency of corporation, 
 see infra, 135. 
 
 Right to recover money paid to a corpora- 
 tion in expectation of receiving cor- 
 porate stock which is never issued. 
 L.R.A.1918E, 754. 
 
 Assignability of a subscription to stock or 
 contract to purchase stock from the 
 corporation. 43 L.R.A. (N.S.) 790. 
 
 Whether joint or several. 22 L.R.A. 81. 
 
 Rights and remedies of subscribers on un- 
 authorized consolidation of corpora- 
 tions. 52 L.R.A. 390. 
 
 Defenses of promoters in actions by sub- 
 scribers. 18 L.R.A.(N.S.) 1134. 
 
 Action by corporation for unpaid balance 
 of subscription after sale of forfeited 
 stock. 1 L.R.A. (N.S.) 902. 
 
 Enforceability of subscription to stock of 
 foreign corporation that has not com- 
 plied with local laws. 29 L.R.A. (N.S.) 
 92. 
 
 Validity of subscription induced by false 
 statements that certajn other persons 
 were to invest in the enterprise. 29 
 L.R.A.(N.S.) 477.
 
 302 
 
 INDEX TO L.R.A. NOTES. 
 
 ( ."K ('ORATIONS, VIII. b cont'd 
 
 8 7K. KHt-asc from. 
 
 Release from subscriptions. 7 L.R.A. 706.* 
 
 g 78a. on ground that corporation 
 is not legally organized. 
 
 Right to defeat stock subscription or stock- 
 holders' liability on the ground that 
 corporation is not legally organized. 
 L.R.A.1915A, 475. 
 
 7 8b. on abandonment of business 
 by corporation. 
 
 The effect upon a stock subscription con- 
 tract of the voluntary cessation or 
 abandonment of business by the cor- 
 - poration. L.R.A.1915A, 390. 
 
 79. rescission for fraud and mis- 
 representation. 
 
 Right to and manner of relief. 33 L.R.A. 
 721. 
 
 Estoppel to rescind. 33 L.R.A. 722. 
 
 No relief against equally innocent persons. 
 33 L.R.A. 725. 
 
 Effect of insolvency or winding up proceed- 
 ings. 33 L.R.A. 727; L.R.A.1915D, 792. 
 
 Must I>P fraud of corporation. 33 L.R.A. 
 728. 
 
 What fraud will authorize rescission. 33 
 L.R.A. 729. 
 
 Effect of promoter's fraud on corporation's 
 
 right against subscriber. 
 100. 
 
 25 L.R.A. 
 
 Fraud as a ground of relief from subscrip- 
 tion to stock after insolvency of cor- 
 poration. 31 L.R.A.(N.S.) 900. 
 
 80. \\ithdraual of. 
 
 General rule. 33 L.R.A. 593. 
 
 After organization of corporation. 33 
 
 L.R.A. 593. 
 
 Rule in case of preliminary subscriptions. 
 ! 33 L.R.A. 595. 
 Cases holding that subscriptions cannot be 
 
 withdrawn. 33 L.R.A. 595. 
 Cases permitting withdrawal. 33 L.R.A. 
 
 596. 
 
 Illegal contract. 33 L.R.A. 597. 
 Agreement to subscribe. 33 L.R.A. 597. 
 Statutory rules. 33 L.R.A. 597. 
 Effect of death of subscriber. 33 L.R.A. 
 
 597. 
 
 81. Payment of. 
 
 Commercial paper as payment of subscrip- 
 tion to stock. 35 L.R.A.'(N.S.) 80. 
 
 Validity of issuance of stock for a note of 
 the subscriber, under a provision 
 against issuing stock except for money, 
 labor done, or money or property ac- 
 tually received. 52 L.R.A.(N.S.) 454. 
 
 May a corporation issue stock in payment 
 of or as security for its antecedent 
 debts under statute prohibiting the 
 issue except for money, labor done, or 
 property actually received. L.R.A. 
 1916E, 570. 
 
 Begin wifh tit is book on every laic question. 
 
 CORPORATIONS, VIII. b cont'd 
 8 la. with property. 
 
 Liability of stockholders in case of, see in- 
 fra, 106. 
 
 Payment of subscription with property. 42 
 L.R.A. 597. 
 
 Effect of express provision by statute or 
 charter for payment of subscription to 
 stock in cash or money, to exclude 
 payment in services or property. 27 
 L.R.A.(N.S.) 315. 
 
 Note given in payment of stock as property 
 under a provision against issuing stock 
 except for money, labor done, or money 
 or property actually received. 52 
 L.R.A.(N.S.) 454. 
 
 c. Transfer; sale. 
 
 82. Generally. 
 
 Liability of corporate officers to purchasers 
 of stock, see supra, 53. 
 
 Effect of transfer on right to dividends, see 
 infra, 101. 
 
 Effect of transfer on liability of stockhold- 
 er, see infra, 112, 113. 
 
 Of foreign corporation, see infra, 143. 
 
 Of bank, see BANKS, 4, 46. 
 
 Bona fide holder of stock, see BONA FIDE 
 HOLDER, 2. 
 
 Specific performance of contract for, see 
 SPECIFIC PERFORMANCE, 14. 
 
 Tax on transfers, see TAXES, 107. 
 
 Bequest of stocks, see WILLS, 128. 
 
 Income tax on sales of corporate stock. 
 L.R.A.1917E, 566. 
 
 Duty of director toward one from whom he 
 purchases stock. L.R.A.1916B, 708. 
 
 Contract for the sale of corporate stock 
 as one for the sale of "goods," etc., 
 within statute of frauds. 51 L.R.A. 
 (N.S.) 398. 
 
 Forged transfers. 19 L.R.A. 331. 
 
 Liability as between corporation and one 
 acting in good faith, to whom it issues 
 new certificate of stock on foiged au- 
 thority. 2 B. R. C. 528. 
 
 Absence of legal organization as defense to 
 contract for purchase of corporate 
 stock. 15 L.RA.(N.S.) 410. 
 
 Contract by selling shareholder not to en- 
 gage in business in competition with 
 the corporation. 23 L.R.A. (N.S.) 506. 
 
 Effect of disposal of stock on stockholder's 
 competency as witness in suit between 
 corporation and a personal represen- 
 tative. 27 L.R.A.(N.S.) 821. 
 
 Measure of damages for breach of contract 
 to sell or buy corporate stock. 43 
 L.R.A.(N.S.) 368. 
 
 Measure of damages for misrepresenting 
 value of corporate stock sold. 43 
 L.R.A.(N.S.) 373. 
 
 Priority as between true owner and exe- 
 cution or attachment creditors of one 
 in whose name he has placed stock on 
 the books of the corporation. 49 L.R.A. 
 (N.S.) 1159.
 
 INDEX TO L.R.A. NOTES. 
 
 303 
 
 CORPORATIONS, VIII. c cont'd 
 83. Liability for fraud or misrepre- 
 sentations inducing sale or pur- 
 chase. 
 
 Liability of corporate officer for misrepre- 
 sentations which induced the sale or 
 purchase of stock. 1 L.R.A. (N.S.) 
 258. 
 
 Liability of officers of corporation to one 
 who purchases stock from an individual 
 in reliance on a prospectus issued to in- 
 duce purchase of treasury stock. 28 
 L.R.A. (N.S.) 359. 
 
 Fraud of director toward one from whom he 
 purchases stock. L.R.A.1916B, 714. 
 
 Fraud in sale of corporate stock by one 
 officer or director to another. L.R.A. 
 191GB, 703. 
 
 84. Gift of. 
 
 Bequest of, see WILLS, 128. 
 
 Of corporate stock; necessity of writing. 
 2 L.R.A.(N.S.) 800. 
 
 Donation to corporation of shares of its 
 own stock. ]8 L.R.A. 255. 
 
 Necessity of actual delivery of certificate 
 to complete gift of shares of stock. 29 
 L.R.A.(N.S.) 166. 
 
 Delivery of certificate of stock without in- 
 dorsement or transfer on books. L.R.A. 
 1915D, 733. 
 
 85. Negotiability of certificate. 
 
 Effect of putting certificates of stock in- 
 dorsed in blank into another's posses- 
 sion to estop owner as against purchas- 
 er in good faith. 29 L.R.A.(N.S.) 254. 
 
 86. Rights of transferee. 
 
 Rights of pledgee, see infra, 93. 
 Right to dividends, see infra, 101. 
 
 Implied warranty on sale of stock. 53 
 L.R.A. 153. 
 
 Rights of transferee of stock paid for by 
 transfer of property. 42 L.R.A. 620. 
 
 Right of infant to rescind purchase of cor- 
 porate stock. 28 L.R.A. (N.S.) 128. 
 
 Priority as between lien of corporation and 
 bona fide purchaser of stock. 39 L.R.A. 
 (N.S.) 292. 
 
 Liability of corporation to assignee of true 
 owner for unauthorized transfer of 
 stock on its books. 45 L.R.A. (N.S.) 
 1080. 
 
 Right of purchaser of stock from one with 
 whom it was pledged or deposited by 
 the owner without signing a transfer 
 or power f attorney. L.R.A.1916F, 
 491. 
 
 87. Duty of transferee. 
 
 Duty of pledgee, see infra, 94. 
 
 Duty of purchaser of corporate stock to 
 verify statements made as to its finan- 
 cial condition. 14 L.R.A.(N.S.) 1176. 
 
 88. Necessity of writing; statute of 
 frauds. 
 
 Contract for sale of corporate stock as one 
 for sale of goods, etc., within statute of 
 frauds. 19 L.R.A. (N.S.) 874; 51 
 L.R.A. (N.S.) 398. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CORPORATIONS, VIII. c cont'd 
 Necessity of writing to transfer shares of 
 * stock. 2 L.R.A. (N.S.) 804; 19 
 L.R.A. (N.S.) 874. 
 
 89. Transfer on books. 
 
 Situs of corporate stock for purpose of 
 transfer on books of corporation. 
 L.R.A. 1915C, 471. 
 
 Right of corporation to refuse to transfer 
 stock on its books because of objec- 
 tions of former holder. 27 L.R.A. 
 (N.S.) 200. 
 
 Validity of pledge or transfer of stock of 
 corporation when not made in 
 books of company, as against at- 
 tachments, executions, or subse- 
 quent transfers. 67 L.R.A. 656; 
 20 L.R.A. (N.S.) 996. 
 
 Power of court to compel foreign corpora- 
 tion to register transfer of stock. 3 
 L.R.A. (N.S.) 551. 
 
 Mandamus to compel transfer of corporate 
 stock. 48 L.R.A. (N.S.) 847. 
 
 Right to the aid of equity to compel a cor- 
 poration to transfer on its books stock 
 acquired in aid of a conspiracy. 24 
 L.R.A.(N.S.) 108. 
 
 Effect on statutory liability of stockholder 
 who sells his shares of a technical fail- 
 ure to record the transfer. 11 L.R.A. 
 (N.S.) 818. 
 
 Removal for separable controversy of action 
 to compel transfer. 5 L.R.A. (N.S.) 85. 
 
 Duty of transferor of shares of stock not 
 to prevent or delay registration on cor- 
 porate books. 5 B. R. C. 166. 
 
 Delivery of certificate of stock without in- 
 dorsement of transfer on books. L.R.A. 
 1915D, 733. 
 
 Liability of corporation to true owner for 
 unauthorized transfer of stock on its 
 books. 45 L.R.A.(N.S.) 1076. 
 
 Failure to register transfer, due to fault 
 of corporation, as affecting continued 
 liability of assignor of stock. 46 
 L.R.A.(N.S.) 668. 
 
 Laches of assignee in having stock trans- 
 ferred on the books of corporation as 
 affecting the liability of the corpora- 
 tion, which subsequently makes un- 
 authorized transfer thereof. 45 L.R.A. 
 (N.S.) 1090. 
 
 90. Duty of corporation as to trans- 
 fer of stock held in trust. 
 
 Generally. 15 L.R.A. 643. 
 
 What amounts to notice of trust. 15 L.R.A. 
 
 643. 
 
 The English rule. 15 L.R.A. 644. 
 Notice from circumstances. 35 L.R.A. 645. 
 Application of the rules. 15 L.R.A. 645. 
 Enforcement of liability. 15 L.R.A. 646. 
 
 91. Restrictions on right to sell. 
 
 By by-law. 27 L.R.A. 271. 
 By articles of association. 27 L.R.A. 273. 
 Exercise of power to approve or disapprove. 
 27 L.R.A. 274.
 
 304 
 
 INDEX TO L.R.A. NOTES. 
 
 t -MI; l'i> I !. \T10NS, VIII. c cont'd 
 
 g 92. IMi-ilwr. 
 
 Liability of pledgee as shareholder, see in- 
 fra, 113. 
 
 Necessity of writing to transfer of stock in 
 pledge. 2 L.R.A.(N.S.) 804. 
 
 Validity of pledge of stock of corporation 
 when not made in the books of the com- 
 pany as against attachments, execu- 
 tions, or subsequent transfers. 67 
 L.R.A. 650; 20 L.R.A.(N.S.) 996. 
 
 Power of national bank to take stock of 
 other corporation as collateral security. 
 L.R.A.1916A, 586. 
 
 45 
 
 93. rights of pledgee. 
 
 Right to dividends on pledged stock. 
 L.R.A. 394; L.R.A.1917B, 326. 
 
 Implied authority of pledgee to sell corpo- 
 rate stock. 43 L.R.A. 742. 
 
 Priority as between lien of corporation and 
 pledgee of corporate stock. 39 L.R.A. 
 (N.S.) 292. 
 
 Right of pledgee of stock from one with 
 whom it was pledged or deposited by 
 the owner without signing a transfer or 
 power of attorney. L.R.A. 1916F, 491. 
 
 94. duty of pledgee. 
 Duty to sell at maturity of debt. 3 L.R.A. 
 (N.S.) 1199; L.R.A.1918A, 442. 
 
 95. Tax on transfers. 
 See TAXES, 107. 
 
 d. Rights of shareholders. 
 
 96. Generally. 
 
 In consolidated corporation, see supra, 16. 
 In foreign corporation, see infra, 143. 
 Rights of transferee, see supra, 86, 93. 
 
 Right of stockholder in absence of special 
 contract, to compensation for services 
 to corporation. L.R.A.1917F, 334. 
 
 Stockholders as preferred creditors. 22 
 L.R.A. 805. 
 
 Stockholders as "employees" of the corpora- 
 tion within meaning of Workmen's 
 Compensation Act. L.R.A.1918F, 202. 
 
 Rights and remedies of creditor who is 
 also a stockholder of an insolvent cor- 
 poration, as affected by his own statu- 
 tory liability. 41 L.R.A.(N.S.) 981. 
 
 Necessity for stockholders' consent to con- 
 solidation. 52 L.R.A. 381. 
 
 Effect upon one's rights as a stockholder of 
 the fact that paid-up stock was wrong- 
 fully issued to him for a sum less than 
 its par value. 20 L.R.A.(N.S.) 1077. 
 
 Stockholder's interest in corporation as sub 
 ject of garnishment by his creditors. 
 18 L.R.A.(N.S.) 1158. 
 
 Laches or acquiescence by stockholder as 
 affecting his right to complain of act 
 by which corporation devests itself oi 
 tlje title to or control of its entire prop- 
 erty. 9 L.R.A.(N.S.) 606. 
 
 Remedies of stockholders against promot- 
 ers. 38 L.R.A.(N.S.) 1325. 
 
 Power of majority stockholders to dissolve 
 corporation. -2 L.R.A. (N.S.) 493. 
 
 CORPORATIONS, VIII. d cont'd 
 Right of majority stockholder to purchase 
 or lease corporate property. 16 L.R.A. 
 (N.S.) 892. 
 [nherent jurisdiction of equity independent- 
 ly of statute at instance of stockholder 
 to wind up a corporation because of 
 mismanagement or fraud of its officers. 
 39 L.R.A. 1032. 
 
 97. Rights of minority stockholders. 
 
 Right of minority stockholders to represen- 
 tation in new or reorganized corpora- 
 tion. 10 L.R.A.(N.S.) 725. 
 
 Power of majority stockholders against con- 
 sent of minority to sell property of 
 corporation essential to its existence as 
 a going concern. 35 L.R.A. (N.S.) 396. 
 
 Right of minority stockholder to restrain 
 voluntary dissolution of corporation by 
 directors or majority stockholders. 23 
 L.R.A.(N.S.) 1177. 
 
 Right of minority stockholders to prevent 
 
 compromise of claim. 
 498. 
 
 43 L.R.A. (N.S.) 
 
 Right of minority stockholder to compel 
 corporation to take into its own name 
 stock in another corporation which it 
 is carrying in the names of others. 
 L.R.A.1915D, 1128. 
 
 98. Actions by stockholders. 
 
 Whether corporation or stockholder real 
 party in interest by whom action must 
 be brought. 64 L.R.A. 609. 
 
 Right of stockholders of a different class to 
 enforce liability of stockholders who 
 received dividends paid out of capital. 
 L.R.A.1917C, 404. . 
 
 May stockholder maintain action in the 
 right of the corporation to recover pen- 
 alty imposed by the Sherman Act. 
 L.R.A.1917E, 1006. 
 
 Right of stockholder to assail agreement on 
 ground that it tends to promote mo- 
 nopoly. 26 L.R.A. (N.S.) 153. 
 
 Necessity of applying to board of direc- 
 tors as a condition of right of stock- 
 holder to sue on behalf of the corpora- 
 tion. 51 L.R.A. (N.S.) 99. 
 
 Necessity of applying to body of stockhold- 
 ers as a condition of right of stock- 
 holder to sue on behalf of the corpo- 
 ration. 51 L.R.A. (N.S.) 112. 
 
 Necessity of making corporation a party to 
 
 suit by stockholder in its behalf. 
 L.R.A.(N.S.) 123. 
 
 51 
 
 Begin iHth this book on every law question. 
 
 Requiring stockholder to seek relief from 
 corporation before applying for ap- 
 pointment of receiver. 20 L.R.A. 214. 
 
 Right of stockholder to sue for appointment 
 of receiver on account of transactions 
 occurring prior to his acquisition of 
 stock. L.R.A.1917F, 704. 
 
 Right of stockholder to attack fraudulent 
 transaction occurring before he acquires 
 his stock. 38 L.R.A. (N.S.)- 988. 
 
 Inherent jurisdiction of equity at instance 
 of stockholder to appoint receiver, or 
 wind up the corporation because of mis- 
 management or fraud of its officers. 39 
 L.R.A. (N.S.) 1032; L.R.A.1915&, 606.
 
 INDEX TO L.R.A. NOTES. 
 
 CORPORATIONS, VIII. d cont'd 
 
 Mandamus to enforce the right of a stock- 
 holder of a water company to water. 
 24 L.R.A.(N.S.) 372. 
 
 Defenses of promoters in action by stock- 
 holders. 18 L.R.A.(N.S.) 1134. 
 
 Removal for separable controversy of suit 
 by stockholders growing out of ultra 
 vires acts. 5 L.R.A. (N.S.) 82. 
 
 Right of holding corporation to maintain 
 action against its own director for an 
 injury to the subsidiary corporation. 
 L.R.A.1915F, 617. 
 
 Right of stockholder in mutual irrigation 
 company to maintain action against 
 the company for negligent failure to 
 furnish water. L.R.A.1915D, 292. 
 
 99. Right to inspect corporate books. 
 
 In general. 45 L.R.A. 446; 20 L.R.A.(N.S.) 
 185; 30 L.R.A.(N.S.) 291; 42 L.R.A. 
 (N.S.) 332. 
 
 May the right of a stockholder in a cor- 
 poration, to inspect the books of the 
 corporation, be delegated to an agent. 
 2 B. R. C. 976. 
 
 Power to compel production of corporate 
 books to aid in assessing holder of 
 stocks or his estate. 8 L.R.A. (N.S.) 
 788. 
 
 9 9 a. Right to inspect corporate 
 property. 
 
 Right of stockholder to inspect property of 
 corporation. 43 L.R.A. (N.S.) 1112. 
 
 100. Dividends; stock rights; pre- 
 ferred stock. 
 
 On preferred, guaranteed, and interest- 
 bearing stock, see supra, 74. 
 
 Right of existing stockholders to subscribe 
 for increase of stock. 12 L.R.A. (N.S.) 
 969; L.R.A.1918D, 741. 
 
 Right of creditor of stockholder to share 
 in dividends. 41 L.R.A. (N.S.) 999. 
 
 Accretions in value of corporate assets as 
 basis of dividends. L.R.A.1915D, 1052. 
 
 Appreciation in value of capital assets as 
 fund distributable as dividend, without 
 reference to losses. 1 B. R. C. 965. 
 
 Power of corporation to rescind declaration 
 of dividend. L.R.A.1917B, 736. 
 
 Validity of individual contract of director 
 to pay dividends. L.R.A.1917A, 1077. 
 
 Declaration of dividends by stockholders. 
 L.R.A.1918B, 1051. 
 
 Liability of stockholders who received divi- 
 dends paid out of capital. L.R.A.1917C, 
 397. 
 
 Do stock dividends or dividends in stock of 
 other corporations declared before tes- 
 tator's death pass to legatee of original 
 stock. L.R.A.1918B, 666. 
 
 Taxation of dividends as part of capital 
 stock of corporation. 58 L.R.A. 572, 
 585. 
 
 Income tax on dividends declared after but 
 paid from earnings accrued before act 
 went into effect. L.R.A.1917F, 814. 
 
 CORPORATIONS, VIII. d cont'd 
 101. effect of transfer. 
 
 Right to dividends on transfer of stock. 45 
 L.R.A. 392; L.R.A.1917B, 326. 
 
 Right to dividend declared between making 
 of contract for sale of stock and deliv- 
 ery of stock. L.R.A.1917F, 553. 
 
 102. as between owner of capital 
 and income. 
 
 See LIFE TENANTS, 6. 
 
 c. Liabilities of shareholders. 
 
 1. In general. 
 
 % 103. Generally. 
 
 Liability of incorporators, see supra, 
 64, 65. 
 
 In foreign corporation, see infra, 144. 
 
 Of bank, see BANKS, 5. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 19. 
 
 Alteration of stockholder's liability as im- 
 pairment of obligation of contract, see 
 CONSTITUTIONAL LAW, 31a. 
 
 Contribution between stockholders, see CON- 
 TRIBUTION, 3. 
 
 Self-executing constitutional provision as 
 to. 16 L.R.A. 285. 
 
 Liability of members of incorporated relig- 
 ious society for its debts. 69 L.R.A. 
 256. 
 
 Liability of stockholders of insolvent in- 
 surance company. 38 L.R.A. 110. 
 
 Liability of members of mutual fire insur- 
 ance companies. 32 L.R.A. 481. 
 
 Who are laborers, servants, or employees 
 under statute making stockholders in- 
 dividually liable. 18 L.R.A. 308. 
 
 May one who procures a judgment garnish- 
 ing indebtedness from a corporation to 
 his debtor avail himself of the rights 
 of the latter as against stockholders. 
 11 L.R.A. (N.S.) 230. 
 
 Effect of forfeiture of stock on stockholder's 
 personal liability as to unpaid assess- 
 ments. 27 L.R.A. 314. 
 
 Discharge of corporation as affecting stock- 
 holder's liability for its debts. 38 
 L.R.A.(N.S.) 648. 
 
 Personal liability at common law of stock- 
 holders of a corporation to the other 
 party to an act or transaction in ex- 
 cess of the corporate powers, or in vio- 
 lation of law. 6 L.R.A. (N.S.) 1003. 
 
 Liability of majority stockholders for mis- 
 appropriation of corporate funds 
 through corporate action. 16 L.R.A 
 (N.S.) 898. 
 
 Liability of stockholders who received divi- 
 dends paid out of capital. L.R.A.1917C, 
 397. 
 
 Does statutory liability of stockholder or 
 officer for debts of corporation include 
 liability for torts. 22 L.R.A. (N.S.) 
 256. 
 
 Consult also L.R.A. Digests of Cases. 20
 
 306 
 
 INDEX TO L.R.A. NOTES. 
 
 < nlM'fiKATlOXS, VIII. e, 1 cont'd 
 
 I ( .r libel published by corporation. 26 
 L.H.A. 781. 
 
 Rights and remedies of creditor who is also 
 a stockholder of an insolvent corpora- 
 tion as affected by his own statutory 
 liability. 41 L.R.A.(N.S.) 981. 
 
 Kiulit <>f stockholder after insolvency to set 
 off debt due him from corporation 
 against his liability on unpaid stock 
 subscription. L.R.A.1918E, 243. 
 
 I light of nominal owner of shares of stock 
 to indemnity against consequences of 
 such ownership. 3 B. R. C. 365. 
 
 Extension of time to corporation as affect- 
 ing liability of stockholders who sign 
 as sureties or indorsers. 47 L.R.A. 
 (N.S.) 274. 
 
 llight to defeat stockholder's liability on 
 the ground that corporation is not le- 
 gally organized. L.R.A.1915A, 475. 
 
 Necessity of issuance or tender of stock 
 certificate to render subscriber liable as 
 a stockholder. L.R.A.1915A, 465. 
 
 104. Liability of legal representa- 
 tive. 
 
 Personal liability of executor, administra- 
 tor, or trustee on corporate stock be- 
 longing to estate or trust, but stand- 
 ing in his name. 30 L.R.A. (N.S.) 1092. 
 
 105. Stock issued at discount. 
 
 Issuance of stock at discount as affecting 
 stockholder's liability for debts. 8 
 L.R.A.(N.S.) 263; 51 L.R.A. (N.S.) 56. 
 
 Effect of creditor's knowledge that stock 
 was improperly issued as full paid up- 
 on his right to resort to holder of 
 same. 8 L.R.A.(N.S.) 271. 
 
 106. Payment for stock by transfer 
 of property as protection against 
 liability to creditors of corpora- 
 tion. 
 
 The English law. 42 L.R.A. 593. 
 
 Exceptional American cases. 42 L.R.A. 594. 
 
 Subscription contracts. 42 L.R.A. 597. 
 
 Purchase of property with stock. 42 L.R.A. 
 612. 
 
 Provisions imposing liability. 42 L.R.A. 
 617. 
 
 Effect of creditor's knowledge of facts. 42 
 L.R.A. 619. 
 
 Rights of transferee. 42 L.R.A. 620. 
 
 Payment with unpatented formula or in- 
 vention. 16 L.R.A. (N.S.) 520. 
 
 Right of corporation itself to complain that 
 property purchased by it was of less 
 value than the stock issued in exchange 
 therefor, in the absence of actual fraud. 
 19 L.R.A.(N.S.) 115. 
 
 107. Partnership liability in case of 
 defective or Illegal incorporation. 
 
 Partnership liability of stockholders in for- 
 eign corporation, see infra. 144. 
 
 In general. 17 L.R.A. 549; L.R.A.1916C, 
 
 196. 
 Corporations not authorized by law. 17 
 
 L.R.A. 550; L.R.A.1916C, 216. 
 Effect of incorporation out of the state. 17 
 
 L.R.A. 550. 
 
 Begin ivith this 6oo7c on every law question. 
 
 CORPORATIONS, VIII. e, 1 cont'd 
 
 Fraudulent corporations. 17 L.R.A. .150. 
 
 Corporations de facto. 17 L.R.A. 551. 
 
 Defectively organized companies. 17 L.R.A. 
 551. 
 
 Statutory as distinguished from partner- 
 ship liability. 17 L.R.A. 554; L.R.A. 
 1916C, 213. 
 
 Intent to incorporate. 17 L.R.A. 554. 
 
 Subsequent loss of corporate character. 17 
 L.R.A. 554. 
 
 Estoppel by subsequent acts. L.R.A. 1916C, 
 214. 
 
 Partnership inter sese. 17 L.R.A. 554. 
 
 Foreign corporations. L.R.A.1916C, 217. 
 
 108. Liability for interest. 
 
 Does statutory liability of stockholders for 
 debts of corporation include inter- 
 est thereon. 19 L.R.A. (N.S.) 428. 
 
 2. Calls; assessments. 
 
 109. Generally. 
 
 Contingent liability on call. 58 .L.R.A. 85. 
 
 Right to defend suit for calls where sub- 
 scription was procured by fraud. 33 
 L.R.A. 722. 
 
 Effect of assessment on stockholders made 
 under order of court in another state 
 as res judicata. 34 L.R.A. 694. 
 
 110. Successive assessments. 
 
 Right to make successive assessments on 
 stockholders to pay debts. GO L.R.A. 
 971. 
 
 111. Assessments on paid-up stock. 
 
 Generally. 45 L.R.A. 648: 22 L.R.A. (N.S.) 
 
 1013. 
 
 The question of assent. 45 L.R.A. 648. 
 Under state statutes. 45 L.R.A. 648. 
 Under charter provisions. 45 L.R.A. 651. 
 Assessments under by-laws. 45 L.R.A. Col. 
 Assessment by resolution. 45 L.R.A. 652. 
 Voluntary assessments. 45 L.R.A. 652. 
 Nonassessable stock; estoppel. 45 L.R.A. 
 
 653. 
 Injunction restraining. 45 L.R.A. 653. 
 
 3. Effect of transfer. 
 
 112. Generally. 
 
 On liability for unpaid subscriptions. 47 
 L.R.A. 246; L.R.A.1918D, 1049. 
 
 Liability of transferee of corporate stock 
 on unpaid subscription. 30 L.R.A. 
 (N.S.) 283. 
 
 Effect on statutory liability of stockholder 
 who sells his shares of a technical fail- 
 ure to record the transfer. 11 L.R.A. 
 (N.S.) 818. 
 
 Right of nominal owner of shares of stock 
 to indemnity against consequences of 
 such ownership. 3 B. R. C. 365. 
 
 Failure to register transfer, due to fault 
 of corporation, as affecting continued 
 liability of assignor of stock. 46 L.R.A. 
 (N.S.) 668.
 
 INDEX TO L.R.A. NOTES. 
 
 307 
 
 CORPORATIONS, VIII. e, 3 cont'd 
 Liability of former stockholder for debts 
 of corporation as affected by renewal 
 after transfer of stock. L.R.A.1915B, 
 
 168. 
 
 113. Liability of pledgee. 
 
 In general. 36 L.R.A. 139; 19 L.R.A. 
 
 (N.S.) 249. 
 Dummy holder for pledgee's benefit. 36 
 
 L.R.A. 140; 19 L.R.A. (N.S.) 252. 
 Payment of debt or retransfer. 36 L.R.A. 
 
 140; 19 L.R.A.(N.S.) 252. 
 Taking stock from corporation itself. 36 
 
 L.R.A. 141; 19 L.R.A.(N.S.) 253. 
 What sales of corporate stock by pledgee 
 
 amount to conversion. 43 L.R.A. 739. 
 Measure of damages for conversion of 
 
 pledged stocks by invalid sale. 43 
 
 L.R.A. 768. 
 
 4. Proceedings to enforce. 
 
 114. Generally. 
 
 Impairment of contract obligation as to, 
 see CONSTITUTIONAL LAW, 37. 
 
 Admissibility of account books in evidence 
 to establish personal liability of stock- 
 holder. 53 L.R.A. 537. 
 
 When may local venue be disregarded upon 
 the ground that the action or proceed- 
 ings is ancillary or incidental. L.R.A. 
 1916D, 1134. 
 
 Removal for separable controversy of action 
 to enforce liability. 5 L.R.A. (N.S.) 
 87. 
 
 Necessity of notice to stockholder to bind 
 him by an order for unpaid stock sub- 
 scription in insolvency proceeding. 36 
 L.R.A.(N.S.) 177. 
 
 Right, in action by corporate receiver to 
 recover unpaid balance of stock sub- 
 scriptions, to interpose a defense that 
 would have been available against the 
 corporation. 18 L.R.A. (N.S.) 347. 
 
 Allowance of attorney's fees in suit to en- 
 force stockholder's liability. 54 L.R.A. 
 825. 
 
 115. Prerequisites to. 
 
 Conditions precedent to right to sue to en- 
 force statutory liability. 33 L.R.A. 
 (N.S.) 906. 
 
 Bankruptcy, insolvency, or dissolution of 
 corporation as excusing creditor from 
 exhausting remedies against it, as con- 
 dition of enforcing stockholder's liabil- 
 ity to stock. 24 L.R.A.(N.S.) 628. 
 
 Necessity of exhausting legal remedies 
 against corporation before invoking 
 jurisdiction of equity to enforce un- 
 paid subscriptions to stock. 46 L.R.A. 
 (NJS.) 446. 
 
 116. Who may enforce. 
 
 Who may enforce liability of stockholders 
 who received dividends paid out of capi- 
 tal. L.R.A.1917C, 403. 
 
 Action by creditor to enforce liability for 
 unpaid subscriptions outside of state. 
 34 L.R.A. 742; 33 L.R.A. (N.S.) 896. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CORPORATIONS, VIII. e, 4 cont'd 
 Action by creditor to enforce statutory lia- 
 bility outside of state. 34 L.R.A. 747; 
 33 L.R.A.(N.S.) 901. 
 
 Right of directors, when creditors, to en- 
 force. 50 L.R.A. 273. 
 
 116a. receiver, assignee or trustee. 
 
 Right of receiver, assignee or trustee to re- 
 cover statutory added liability of cor- 
 porate shareholder. 31 L.R.A. (N.S.) 
 365. 
 
 Suit in equity by receiver, assignee, or 
 trustee to enforce liability on unpaid 
 subscriptions to stock. 46 L.R.A. (N.S.) 
 452. 
 
 Right of receiver to enforce liability of 
 stockholders who received dividends 
 paid out of capital. L.R.A.1917C, 404. 
 
 Enforcement by receiver of stockholder's 
 liability in other state. 34 L.R.A. 738 ; 
 33 L.R.A. (N.S.) 897, 904. 
 
 Right in action by corporate receiver to re- 
 cover unpaid balance of stock subscrip- 
 tions, to interpose a defense that would 
 have been available against the corpo- 
 ration. 18 L.R.A. (N.S.) 347. 
 
 When statute of limitations begins to run 
 against unpaid balance of stock sub- 
 scription in suit by receiver. 1 L.R.A. 
 (N.S.) 903. 
 
 117. Nature of remedy. 
 
 Jurisdiction of equity to enforce liability on 
 unpaid subscriptions to stock of a cor- 
 poration. 46 L.R.A. (N.S.) 440. 
 
 Enforcement of stockholder's liability out- 
 side of state by action at law. 34 
 L.R.A. 758. 
 
 Enforcement of stockholder's liability out- 
 side of state by suit in equity. 34 
 L.R.A. 759. 
 
 Equitable remedy to subject to judgment 
 against corporation debt due it for un- 
 paid stock. 63 L.R.A. 698. 
 
 Jurisdiction of equity on the ground of 
 preventing a multiplicity of suits to en- 
 force liability of members of a club or 
 corporation. 28 L.R.A.(N.S.) 743. 
 
 Right to maintain single suit in equity to 
 enforce separate liability of members 
 of an insolvent insurance association. 
 33 L.R.A.(N.S.) 1057. 
 
 Enforcement of unpaid subscriptions to 
 stock of foreign corporation by credi- 
 tor's bill. 34 L.R.A. 743. 
 
 Remedy in Federal courts to enforce stock- 
 holder's liability outside of state. 34 
 L.R.A. 761. 
 
 5 118. Change of remedy. 
 
 Impairment of obligation of contract by 
 change of remedy of creditor of corpo- 
 ration against stockholder. 1 L.R.A. 
 (N.S.) 1171; 3 L.R.A.(N.S.) 954. 
 
 Impairment of obligation of stockholder's 
 contract by change of remedy for en- 
 forcement of his liability in foreign 
 jurisdiction. 33 L.R.A. (N.S.) 909.
 
 
 INDEX TO L.R.A. NOTES. 
 
 CORPORATIONS, VIII. e, 4 cont'd 
 119. Right of set-off. 
 
 Set-off between corporation and stockholder. 
 23 L.R.A. 316. 
 
 Right of set-off in bankruptcy against un- 
 paid shares of corporate stock. 55 
 L.R.A. 47. 
 
 When is an assignment by a stockholder of 
 a claim against a corporation subject 
 to the right to set off the stockholder's 
 liability against such claim. 10 L.R.A. 
 (N.S.) 472. 
 
 120. Accrual of right of action. 
 
 Limitation of action, see LIMITATION OF 
 ACTIONS, 8, 34. 
 
 Contingency of liability of stockholder as 
 affecting time for presentation of claim 
 against his estate. 58 L.R.A. 85. 
 
 121. Right to enforce outside of 
 state of incorporation. 
 
 In general. 34 L.R.A. 737; 33 L.R.A. 
 (N.S.) 895. 
 
 In action by corporation or its representa- 
 tive. 34 L.R.A. 738. 
 
 In action by creditor of corporation. 34 
 L.R.A. 741. 
 
 Contribution between stockholders of for- 
 eign corporations. 34 L.R.A. 763. 
 
 Right to enforce liability for unpaid sub- 
 scription. 33 L.R.A. (N.S.) 895. 
 
 Right to enforce statutory liability. 33 
 L.R.A.(N.S.) 898. 
 
 Right to enforce tax against nonresident 
 stockholder. 33 L.R.A. (N.S.) 907. 
 
 Right of state to impose personal liability 
 on stockholder of foreign corporation. 
 33 L.R.A.(N.S.) 907. 
 
 Right of one stockholder to sue another 
 for contribution outside state of incor- 
 poration. 33 L.R.A. (N.S.) 909. 
 
 Impairment of obligation of stockholder's 
 contract by change of remedy for en- 
 forcement of his liability in foreign 
 jurisdiction. 33 L.R.A. (N.S.) 909. 
 
 Conclusiveness of order of assessment in 
 domicil of corporation. 33 L.R.A. 
 (N.S.) 910. 
 
 /. Stockholders' meetings; voting. 
 
 g 122. Generally. 
 
 By-laws as to, see supra, 21. 
 Meetings of officers and directors, see supra, 
 VI. f. 
 
 Mandamus to compel calling of meeting. 
 L.R.A.1915E, 774. 
 
 Conclusiveness of decision of corporate tri- 
 bunal as to vote. 49 L.R.A. 368. 
 
 Conclusiveness of decision of corporate tri- 
 bunal as to notice of meeting. 49 
 L.R.A. 368. 
 
 Regulation by by-laws of elections by pri- 
 vate corporations. 18 L.R.A. 582. 
 
 What constitutes a unanimous or majority 
 vote of stockholders. 41 L.R.A. (N.S.) 
 330. 
 
 Report of meeting of private corporations 
 
 as subject of privilege. 
 (N.S.) 862. 
 
 19 L.R.A. 
 
 Begin with this boolc on every laifc question. 
 
 CORPORATIONS, VIII. f cont'd 
 Right under reserved power to amend or re- 
 peal charter to change rights of stock- 
 holders as to voting stock. 22 L.R.A. 
 (N.S.) 420. 
 
 Ratification of acts of directors by vote 
 of stockholders including those who are 
 directors. 36 L.R.A. (N.S.) 199. 
 
 123. Who entitled to vote. 
 
 Right of alien enemy to vote as stockholder 
 in domestic corporation. 7 B. R. C. 
 827. 
 
 Power to vote on stock held by joint own- 
 ers. 15 L.R.A. 665. 
 
 Right of holders of preferred stock to vote 
 at corporate meetings. 2 L.R.A. (N.S. ) 
 121. 
 
 Regulation by by-laws as to right to vote. 
 18 L.R.A. 583. 
 
 124. Voting trusts. 
 
 Validity of agreement to control the voting 
 
 power of corporate stock. 15 L.R.A. 
 
 683; 16 L.R.A.(N.S.) 1136; 31 L.R.A. 
 
 (N.S.) 1186. 
 Specific performance of stock pooling agree 
 
 nient. 51 L.R.A.(N.S.) 785. 
 
 125. Proxies. 
 
 Right to vote by proxy. 29 L.R.A. 844. 
 Regulation by by-laws as to. 18 L.R.A. 584. 
 Right to use corporate funds in obtaining 
 proxies. 3 B. R. C. 137. 
 
 126. Quorum. 
 
 What constitutes a quorum. 21 L.R.A. 
 
 174; 42 L.R.A. (N.S.) 799. 
 Withdrawal of stockholders from meeting to 
 break quorum. 36 L.R.A. (N.S.) 45. 
 
 IX. Dissolution; winding-up; for- 
 feiture. 
 
 127. Generally. 
 
 Dissolution of club, see CLUBS, 3. 
 Injunction against dissolution, see INJUNC- 
 TION, 35. 
 
 Discretion of court as to penalty to be im- 
 posed upon a corporation for violation 
 of law. L.R.A.1915A, 892. 
 Appointment of receiver for dissolved cor- 
 poration. L.R.A.1917D, 1035. 
 Right of private person to raise question 
 
 of forfeiture. 32 L.R.A. 295. 
 Power of majority stockholders to dissolve. 
 
 2 LJLA.fN.S.) 493. 
 
 Right of minority stockholder to restrain 
 voluntary dissolution of corporation by 
 directors or other stockholders. 23 
 L.R.A.(N.S.) 1177. 
 
 Inherent jurisdiction of equity, independ- 
 ently of statute, at the instance of 
 stockholder, to wind up a corpora- 
 tion because of mismanagement or 
 fraud of its officers. 39 L.R.A. 
 (N.S.) 1032; L.R.A.1915A, 606. 
 Effect of laches upon state's right to oust 
 a corporation of its rights and fran- 
 chise. 14 L.R.A. (N.S.) 336.
 
 INDEX TO L.R.A. NOTES. 
 
 309 
 
 CORPORATIONS, IX. cont'd 
 
 Relative rights of life tenant and remain- 
 dermen in distributions by corporation 
 in process of liquidation. 12 L.R.A. 
 (N.S.) 805. 
 
 Removal for separable controversy of pro- 
 ceeding for forfeiture of corporate fran- 
 chise. 5 L.R.A.(N.S.) 86. 
 
 Dissolution as excuse for not exhausting 
 remedies at law before bringing cred- 
 itor's bill. 23 L.R.A. (N.S.) 99. 
 
 Adjustment of competing claims of parties 
 to an ultra vires contract in winding up 
 proceedings. L.R.A.1917A, 1032. 
 
 128. What works a dissolution. 
 
 Insolvency or appointment of receiver to 
 work dissolution which will affect right 
 of corporation to sue. 50 L.R.A. (N.S.) 
 383. 
 
 % 129. Grounds for. 
 
 <Juo warranto against corporation for mak- 
 ing illegal charges in the course of 
 authorized business. 63 L.R.A. 761. 
 
 Forfeiture of franchise of water company 
 for breach of duty. 61 L.R.A. 93. 
 
 Forfeiture of charter of canal company for 
 failure to maintain or operate the canal. 
 L.R.A.1917F, 790. 
 
 Annulling charter of club for violation of 
 law. 14 L.R.A.(N.S.) 683. 
 
 Migration of corporation as ground for for- 
 feiting corporate charter. 24 L.R.A. 
 462. 
 
 Dissolution of partnership by reason of for- 
 mation of corporation. 31 L.R.A. 
 (N.S.) 471. 
 
 130. Effect of. 
 
 Abatement of action by, see A BATEMENT 
 
 AND REVIVAL, 4. 
 As civil death, see CIVIL DEATH, 2. 
 
 Effect upon lease of dissolution of lessee 
 
 corporation. 3 B. R. C. 627. 
 Effect on liability of directors under stat- 
 utes purporting to make them liable for 
 contracting debts in excess of a fixed 
 limit. L.R.A.1915D, 1052. 
 Effect of proceedings for dissolution of cor- 
 poration upon its rights of action. 
 15 L.R.A. 627. 
 
 Dissolution as excusing creditor from exer- 
 cising remedies against corporation as 
 condition of enforcing stockholder's lia- 
 bility on unpaid subscription. 24 
 L.R.A.(N.S.) 628. 
 
 Effect of winding up proceedings on right 
 to rescind subscription for fraud or 
 misrepresentation. 33 L.R.A. 727. 
 Recovering for services and expenses under 
 a running contract with a corpo- 
 ration ended by its dissolution. 
 " 69 L.R.A. 124. 
 
 131. Period of existence of private 
 corporation. 
 
 In general. 33 L.R.A. 576. 
 
 Charter limitations. 33 L.R.A. 576. 
 
 General statutes limiting existence. 33 
 
 L.R.A. 577. 
 Consult also L.R.A. Digests of Cases. 
 
 CORPORATIONS, IX. cont'd 
 Constitutions limiting existence. 33 L.R.A. 
 
 579. 
 Effect of expiration of time. 33 L.R.A. 579. 
 
 132. Expiration of charter. 
 
 Abatement of action by or against corpora- 
 tion in absence of a saving statute by 
 expiration of charter. 32 L.R.A.(N.S.) 
 
 446. 
 
 133. Disposition of property essen- 
 tial to corporate existence. 
 
 Disposition of real estate upon the disso- 
 lution of a corporation created for 
 benevolent or social' purposes. 35 
 L.R.A.(N.S.) 895. 
 
 Execution or judicial sale of corporate fran- 
 chise, or property necessary to its en- 
 joyment. 20 L.R.A. 737. 
 
 Liability of directors for corporate debts 
 where they sell the entire corporate 
 property and distribute the proceeds. 
 26 L.R.A.(N.S.) 267. 
 
 Power of officers or majority stockholders, 
 against consent of minority, to sell 
 property of corporation essential 
 to its existence as a going concern. 
 35 L.R.A.(N.S.) 396. 
 
 Laches or acquiescence by stockholder as 
 affecting his right to complain of act 
 by which corporation devests itself of 
 the title or control of its entire prop- 
 erty. 9 L.R.A.(N.S.) 606. 
 
 X. Insolvency; rigJits and preferences 
 of creditors. 
 
 134. Generally. 
 
 Liability of stockholders of insolvent cor- 
 poration, see supra, VII. e. 
 
 Insolvency of bank, see BANKS, 39-42. 
 
 Receivers for insolvent corporation, see RE- 
 CEIVERS. 
 
 Law determining validity of assignment for 
 creditors by corporation. 65 L.R.A. 
 362. 
 
 Set-off in bankruptcy cases. 55 L.R.A. 44. 
 
 Distribution of assets of insolvent insur- 
 ance company. 38 L.R.A. 97. 
 
 Construction on ground as manufacturing 
 within provision defining corporations 
 which may be adjudged involuntary 
 bankrupts. 26 L.R.A. (N.S.) 475. 
 
 Insolvency as excuse for not exhausting 
 remedies at law before bringing cred- 
 itor's bill. 23 L.R.A.(N.S.) 97. 
 
 Removal for separable controversy of pro- 
 ceeding against insolvent corporation. 
 5 L.R.A. (N.S.) 86. 
 
 Rights and remedies of creditor who is 
 also a stockholder of an insolvent cor- 
 poration as affected by his own statu- 
 tory liability. 41 L.R.A. (N.S.) 981. 
 
 Recovering for services and expenses under 
 running contract with corporation end- 
 ed by its insolvency. 69 L.R.A. 124. 
 
 Right of creditor of insolvent corporation 
 to maintain action at law against new 
 corporation to which assets have been 
 transferred. 11 L.R.A.(N.S.) 866.
 
 310 
 
 CORPORATIONS, X. cont'd 
 
 Right of receiver to compel officers of cor- 
 poration to deliver to receiver property 
 of corporation claimed by them ad- 
 versely. 47 L.R.A.(N.S.) 751. 
 
 135. Rights as to stock and subscrip- 
 tions. 
 
 Necessity of notice to stockholder to bind 
 him by an order for unpaid stock sub- 
 scription in insolvency proceedings. 36 
 L.R.A.(N.S.) 177. 
 
 Fraud as ground of relief from subscrip- 
 tion to stock after insolvency. 31 
 L.R.A.(N.S.) 900; L.R.A.1915D, 792. 
 
 Stockholder's right to inspect books of in- 
 solvent corporation. 45 L.R.A. 456. 
 
 Right to recover money paid in expectation 
 of receiving corporate stock which is 
 never issued. L.R.A.1918E, 754. 
 
 136. Kffcct of insolvency. 
 
 Insolvency of corporation or appointment 
 of receiver as affecting its right to sue. 
 50 L.RJMN.S.) 383. 
 
 Right to receiver on corporation ceasing to 
 act. 20 L.R.A. 213. 
 
 Effect of insolvency on right to rescind sub- 
 scriptions for fraud or misrepresenta- 
 tion. 33 L.R.A. 727; 31 L.R.A.(N.S.) 
 900; L.R.A.1915D, 792. 
 
 Right of stockholder after insolvency to 
 set off debt due him from corporation 
 against his liability on unpaid stock 
 subscription. L.R.A.1918E, 243. 
 
 Liability for unpaid subscription on trans- 
 fer of stock after insolvency of corpo- 
 ration. 47 L.R.A. 262. 
 
 Discharge of corporation as affecting stock- 
 holder's liability for debts. 38 L.R.A. 
 (N.S.) 648. 
 
 Effect of appointment of receiver or assignee 
 for creditors of a corporation on com- 
 pensation of officers, agents, or em- 
 ployees for unexpired term of employ- 
 ment. 51 L.R.A. 146. 
 
 Effect of adjudication of insolvency of cor- 
 poration on its rights of action. 15 
 L.R.A. 627. 
 
 Effect of insolvency of corporation on com- 
 petency of stockholder as witness in 
 suit between corporation and a per- 
 sonal representative. 27 L.R.A. (N.S.) 
 820. 
 
 Bankruptcy or insolvency of corporation as 
 excusing creditor from exhausting 
 remedies against it, as condition of en- 
 forcing stockholder's statutory liability 
 or liability on unpaid subscriptions to 
 stock. 24 L.R.A. (N.S.) 628. 
 
 Right to return of premiums on adjudica- 
 tion of insolvency of insurance com- 
 pany. 19 L.R.A. (N.S.) 639. 
 
 137. Preferences. 
 
 In general. 22 L.R.A. 802. 
 
 Purchase of its own stock by insolvent cor- 
 poration as. 2 L.R.A. (N.S.) 130. 
 
 What classes of employees are entitled to a 
 preference. 18 L.R.A. 306. 
 
 Are claims of creditors of an insolvent com- 
 pany, who undertake to conduct its 
 business, postponed to claims or debts 
 incurred during their management. 24 
 L.R.A.(N.S.) 1166. 
 
 INDEX TO L.R.A. NOTES. 
 
 Begin icith this book on every law question. 
 
 CORPORATIONS, X. cont'd 
 Injunction against judgment confessed Iff 
 corporation. 30 L.R.A. 240. 
 
 XI. Foreign corporations, 
 a. In general. 
 
 138. Generally. 
 
 As to citizenship of, see supra, 10. 
 
 Regulation of, as interference with com- 
 merce, see COMMERCE, 17. 
 
 Jurisdiction over, see COUBTS, 26. 
 
 License of, see LICENSE, 29. 
 
 Penalty against foreign corporation, see 
 PENALTY, 5. 
 
 Taxation of, see TAXES, 11, 33-39, 45, 
 46, 67. 
 
 Foreign insurance companies, see INSUB- 
 ANCE, 6-8. 
 
 Foreign railroad company, see RAILROADS, 
 2. 
 
 Foreign telegraph company, see TELE- 
 GRAPHS, 4. 
 
 Conflict of laws as to usury in contracts of 
 foreign loan association. 62 L.R.A. 64 ; 
 L.R.A.1916D, 757. 
 
 Attachment of shares of stock in foreign 
 corporation. 55 L.R.A. 796. 
 
 Legal powers and privileges of foreign sure- 
 ty companies. 48 L.R.A. 592. 
 
 Right of foreign corporation to make con- 
 tract. 24 L.R.A. 290. 
 
 Right of foreign corporation to plead stat- 
 ute of limitations. 18 L.R.A. 524; 
 L.R.A.1915C, 544. 
 
 Sufficiency of notice to foreign corporation 
 of cancelation of fire insurance policy. 
 50 L.R.A. (N.S.) 40. 
 
 Power to appoint receiver for foreign cor- 
 poration for which no domiciliary re- 
 ceiver has been appointed. L.R.A. 
 1917D, 295. 
 
 Appointment of receiver for dissolved for- 
 eign corporation. L.R.A.1917D, 1036, 
 1038. 
 
 139, 140. Recognition or exclusion 
 of. 
 
 Exclusion of, as interference with inter- 
 state commerce, see COMMERCE, 17. 
 
 Of foreign insurance company, see INSUR- 
 ANCE, 6-8. 
 
 Status of foreign corporation as affected by 
 
 the fact that its entire business is done 
 
 outside the state of its creation. L.R.A. 
 
 1917E, 893. 
 
 Kight to sue. 24 L.R.A. 289. 
 Right of contract. 24 L.R.A. 290. 
 Ownership of property. 24 L.R.A. 291. 
 Power to act as trustee, administrator, etc. 
 
 24 L.R.A. 291. 
 Limitation by charter or laws of the state 
 
 where incorporated. 24 L.R.A. 291. 
 Good faith of foreign corporation. 24 
 
 L.R.A. 291. 
 Statutory exclusion of, or restrictions upon, 
 
 foreign corporations. 24 L.R.A. 292. 
 De facto foreign corporations. 24 L.R.A. 
 
 293.
 
 INDEX TO L.R.A. NOTES. 
 
 311 
 
 CORPORATIONS, X. a cont'd 
 
 Designation of agent and place of business. 
 24 L.R.A. 293. 
 
 License tax. 24 L.R.A. 293. 
 
 Conditions against invoking Federal juris- 
 dictions. 24 L.R.A. 294. 
 
 Remedies against. 24 L.R.A. 295. 
 
 What constitutes "doing business" as pro- 
 hibited by statute. 24 L.R.A. 295. 
 
 Estoppel to deny character or powers. 24 
 L.R.A. 297. 
 
 141. Revocation of license. 
 
 On account of removal of action to Federal 
 
 court. 1 L.R.A.(N.S.) 1019; L.R.A. 
 
 1915F, 1187. 
 Suit to restrain revocation of corporation's 
 
 license, as suit against the state. 44 
 
 L.R.A.(N.S.) 219. 
 
 142. Right ol, to own real estate. 
 
 Generally. 24 L.R.A. 322. 
 
 Limitations by charter or statute of state 
 of incorporation. 24 L.R.A. 324. 
 
 Railroads. 24 L.R.A. 326. 
 
 Telegraphs. 24 L.R.A. 327. 
 
 Interest in mines. 24 L.R.A. 327. 
 
 Exercise of eminent domain. 24 L.R.A. 
 327. 
 
 As to mortgages. 24 L.R.A. 328. 
 
 Enforcement of restrictions. 24 L.R.A. 329. 
 
 Conveyance by public service corporation 
 to foreign corporation incapable of tak- 
 ing title, continued duty and liability 
 of former to members of public. 33 
 L.R.A. (N.S.) 362. 
 
 Who may take advantage of statute ren- 
 dering foreign corporation, incapable 
 of taking title to real property. 33 
 L.R.A.(N.S.) 355. 
 
 Law governing right to take title to real 
 property in another state. L.R.A. 
 1916A, 1039. 
 
 143. Rights of stockholders; trans- 
 fers of stock. 
 
 Stockholder's right to inspect books. 45 
 
 L.R.A. 454. 
 Power of court to compel corporation to 
 
 register transfer of stock. 3 L.R.A. 
 
 (N.S.) 551. 
 
 144. Liability of stockholders. 
 
 Right to enforce stockholder's liability out- 
 side of state of incorporation. 34 
 L.R.A. 737. 
 
 Right of state to enforce personal lia- 
 bility of stockholders. 33 L.R.A. (N.S.) 
 907. 
 
 Necessity of exhausting legal remedies 
 against corporation before invoking ju- 
 risdiction of equity to enforce liability 
 on unpaid subscriptions to stock. 46 
 L.R.A.(N.S.) 447. 
 
 Partnership liability of stockholders of for- 
 eign corporation defectively or illegal- 
 ly incorporated. L.R.A. 1916C, 217. 
 
 Partnership liability of stockholders of a 
 foreign corporation in a state in which 
 it is doing business. L.R.A.1917B, 574. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CORPORATIONS, X. cont'd 
 
 ft. Doing business icithin state. 
 
 145. Generally. 
 
 Regulation of business of, by state. 9 
 L.R.A. 601. 
 
 Right to do business in domestic states. 
 70 L.R.A. 519. 
 
 Taxation of right of. 60 L.R.A. 680. 
 
 Lease of its property as affecting liability 
 of foreign corporation to franchise tax 
 or tax upon privilege of doing business 
 within the state. L.R.A.1917D, 1073. 
 
 Compelling designation of person upon 
 whom process may be served as a con- 
 dition of right to do business. 1 L.R.A. 
 (N.S.) 558. 
 
 Right of foreign corporation to discontinue 
 business within the state. 46 L.R.A. 
 (N.S.) 955. 
 
 Withdrawal or attempted withdrawal of for- 
 eign corporation as affecting power of 
 state to exact a privilege tax. L.R.A. 
 1916C, 577. 
 
 8 146. What constitutes. 
 
 Institution and prosecution of suit as doing 
 business. 24 L.R.A. 289. 
 
 Purchase of supplies by foreign mining or 
 manufacturing corporation as doing 
 business within state. L.R.A.1917E, 
 1157. 
 
 Sale of single cargo as doing business. 2 
 L.R.A.(N.S.) 127. 
 
 Single or isolated transaction by foreign 
 corporation as "doing business" within 
 the state. 10 L.R.A. (N.S.) 693. 
 
 Soliciting trade as doing business within 
 the state. 9 L.R.A. (N.S.) 1214; 23 
 L.R.A.(N.S.) 834; L.R.A.1916E, 236; 6 
 B. R. C. 801. 
 
 Sale by foreign corporation of goods stored 
 in state as intrastate business. 18 
 L.R.A. (N.S.) 134. 
 
 Effect of agreement by foreign corporation 
 to install article within the state to 
 bring it within statute regulating for- 
 eign corporations. 14 L.R.A. (N.S.) 
 674; L.R.A.1917C, 1014. 
 
 Effect of location of insured property with- 
 in the state to prevent an action by a 
 foreign insurance company upon a con- 
 tract made in another state. 9 L.R.A. 
 (N.S.) 417. 
 
 Establishing agency to handle a corpora- 
 tion's product within the state as do- 
 ing business therein. 18 L.R.A. (N.S.) 
 ]42. 
 
 When may a foreign corporation which has 
 entered into a contract for the local 
 handling of its product be considered as 
 doing business within the state, L.R.A. 
 1916F, 334. 
 
 Transactions pursuant to agreement with 
 local dealer to sell product of foreign 
 corporation within state as doing busi- 
 ness therein. 44 L.R.A.(N.S.) 1094. 
 
 147. Effect of noncompliance with 
 statutory conditions. 
 
 As to foreign insurance company, see IN- 
 SUBANCE, 8.
 
 312 
 
 INDEX TO L.R.A. NOTES. 
 
 CORPORATIONS, X. b cont'd 
 
 Effect of noncompliance with conditions to 
 render stockholders liable as partners. 
 L.R.A.1917B, 574. 
 
 Failure to comply with conditions of doing 
 business in the state as a defense to ac- 
 tion by corporation against officer or 
 agent. L.R.A.1916A, 646. 
 
 Right of foreign corporation to set up non- 
 compliance with conditions of doing 
 business in order to defeat recovery 
 against it. 25 L.R.A. 569. 
 
 Right of foreign corporation which has not 
 complied with local laws to defend ac- 
 tion. 17 L.R.A.(N.S.) 1117. 
 
 Effect upon right of foreign corporation to 
 maintain suit, of compliance with local 
 law after suit is instituted. 14 L.R.A. 
 (N.S.) 561; 23 L.R.A.(N.S.) 492. 
 
 Enforceability of subscription to stock of 
 foreign corporation that has not com- 
 plied with local laws. 29 L.R.A.(N.S.) 
 92. 
 
 Lack of authority of foreign corporation to 
 do business within a state as affecting 
 
 embezzlement 
 (N.S.) 415. 
 
 by agent. 27 L.R.A. 
 
 148. on contracts. 
 
 \ r alidity of contracts made by foreign cor- 
 porations which have not complied 
 with statutory conditions of the 
 right to do business in a state. 
 24 L.R.A. 315; 1 L.R.A.(N.S.) 
 1041. 
 
 Right of receiver of foreign corporation to 
 question its contracts upon the ground 
 that it had not complied with condi- 
 tions of doing business. L.R.A.1918A, 
 504. 
 
 Bona fide purchaser of negotiable paper 
 from a foreign corporation which has 
 not complied with the conditions of 
 doing business in the state. L.R.A 
 191 8B, 840. 
 
 Statutory provision for penalty as affect- 
 ing validity or enforceability of con- 
 tract made by foreign corporation with- 
 out complying with conditions of do- 
 ing business; 4 L.R.A. { N.S.) 688; 
 40 L.R.A.(N.S.) 857. 
 
 Right to cancelation of contract made with 
 foreign corporation because it has not 
 complied with the laws entitling it to 
 do business within the state. 21 L R A 
 (N.S.) 707. 
 
 Enforceability in Federal court, or court 
 of another state, of a contract made by 
 a foreign corporation which had not 
 complied with the conditions of doing 
 
 business within the state. 
 (N.S.) 999. 
 
 26 L.R.A. 
 
 Recovery back of money paid under a con- 
 tract to a foreign corporation which 
 has not complied with the conditions 
 
 of doing business in the state 
 L.R.A.(N.S.) 210. 
 
 38 
 
 CORPORATIONS, X. cont'd 
 
 o. Actions 1>y or against. 
 
 149. Generally. 
 
 Effect of noncompliance with statutory con- 
 ditions, see supra, 147, 148. 
 
 Attachment against, see ATTACHMENT, 5. 
 
 Jurisdiction over, see COUBTS, 11, 12, 
 23, 24, 40, 43. 
 
 Removal of causes by or against, see RE- 
 MOVAL OF CAUSES, 8. 
 
 Service of process upon, see WBIT AND 
 PROCESS, 24-29. 
 
 Suit to restrain revocation of corporation's 
 
 license, as suit against the state. 
 L.R.A.(N.S.) 219. 
 
 44 
 
 Right of foreign corporation to avail itself 
 of statute of limitations. L.R.A.1915C, 
 544. 
 
 Right of foreign corporation to sue. 24 
 L.R.A. 289. 
 
 Abatement of action by or against corpora 
 tion in absence of saving statute by 
 dissolution or expiration of charter. 
 32 L.R.A.(N.S.) 446. 
 
 Right of foreign corporation to prosecute 
 or defend pending actions after dissolu- 
 tion under statutes of domicil or forum. 
 32 L.R.A.(N.S.) 451. 
 
 Effect of consolidation of domestic with for- 
 eign corporation on residence or citizen- 
 ship for purpose of jurisdiction. 14 
 L.R.A. 185. 
 
 Who may take advantage of statute ren- 
 dering foreign corporation incapable of 
 taking title to real estate. 33 L.R.A. 
 (N.S.) 355. 
 
 150. Attachment or garnishment 
 against. 
 
 Liability of foreign corporation which has 
 complied with conditions of doing busi- 
 ness in state to attachment as non- 
 resident. 31 L.R.A. (N.S.) 278; L.R.A. 
 1916D, 116. 
 
 Garnishment of debt due from foreign cor- 
 poration in state where it is engaged 
 in business. 67 L.R.A. 214; L.R.A. 
 1915F, 884. 
 
 Place of payment of debt due from a for- 
 eign corporation as affecting juris- 
 diction to garnish the same. 3 L.R.A. 
 (N.S.) 608; 20 L.R.A. (N.S.) 264. 
 
 151. Right of nonresident to sue. 
 
 Generally. 70 L.R.A. 513. 
 
 The right of foreigners to sue. 70 L.R.A. 
 
 514. 
 
 The right of foreign corporations to do 
 business in domestic states. 70 L.R.A. 
 519. 
 
 Public policy. 70 L.R.A. 521. 
 The liability of natural persons to suits in 
 
 foreign courts. 70 L.R.A. 522. 
 The liability of foreign corporations to suit. 
 
 70 L.R.A. 523. 
 The effect of entering a state by a foreign 
 
 corporation. 70 L.R.A. 525. 
 Acquiring jurisdiction over foreign corpora- 
 
 Begin with this boolc on every law question. 
 
 tions. 70 L.R.A. 530.
 
 INDEX TO L.R.A. JSOTES. 
 
 313 
 
 CORPORATIONS, X. c cont'd 
 
 Judicial discretion to decline jurisdiction. 
 
 70 L.R.A. 538. 
 Locus of the cause or subject of action. 
 
 70 L.R.A. 543. 
 
 CORPSE. 
 
 1. Generally. 
 
 As to autopsy, see AUTOPSY. 
 
 Carrier's liability as to, see CABRIERS, 93. 
 
 Cremation of, see CREMATION. 
 
 Allowance for mental anguish in respect to, 
 
 see DAMAGES, 98. 
 
 Exhibition of, in court, see EVIDENCE, 152. 
 See also BURIAL; BURIAL LOT; CEMETERIES. 
 
 Opinion evidence as to appearance or con- 
 dition of. L.R.A.1918A, 668. 
 
 Control and disposition of. 14 L.R.A. 85. 
 
 Duty and liability of strangers in respect to 
 corpse. L.R.A.1918D, 281. 
 
 2. Identification. 
 
 Sufficiency of circumstantial evidence to 
 identify remains found as those of 
 person charged to have been killed. 7 
 L.R.A. (N.S.) 181. 
 
 3. Mutilation. 
 
 As to unauthorized autopsy, see AUTOPSY. 
 
 Who may maintain action for. L.R.A. 
 
 19366, 519. 
 Damages for mutilation of. 6 L.R.A. 
 
 (N.S.) 883. 
 Right of action against railroad company 
 
 for mutilation of the body of person 
 
 killed on track. 16 L.R.A.(N.S.) 405. 
 
 4. Burial permit. 
 
 Validity of regulation requiring certificate 
 as to cause of death as a condition of 
 burial permit. 5 L.R.A.(N.S.) 727. 
 
 5. Disinterment. 
 
 Injunction against, see INJUNCTION, 75. 
 
 Liability for. 42 L.R.A. 721. 
 
 Right of court to order disinterment of 
 
 corpse for evidential purposes. 22 
 
 L.R.A. (N.S.) 5] 3. 
 Right to compel restoration of remains of 
 
 deceased person removed from their 
 
 resting place. 16 L.R.A. (N.S.) 332. 
 
 CORPUS DELICTI. 
 
 Proof of, see CRIMINAL LAW, 65-68. 
 
 CORRECTION. 
 
 In general, see AMENDMENT. 
 Of verdict, see TRIAL, 83-86. 
 
 Alteration of note by making. 35 L.R.A. 
 
 467. 
 Consult also L.R.A. Digests of Cases. 
 
 CORRECTNESS. 
 
 Of photograph, proof of, as requisite to use 
 in evidence. 35 L.R.A. 803; 51 L.R.A. 
 (N.S.) 843. 
 
 In 
 
 CORRELATIVE RIGHTS. 
 
 percolating waters. 64 L.R.A. 
 L.R.A.1915A, 369. 
 
 236; 
 
 CORRESPONDENCE. 
 
 Using of, as standard for comparison of 
 handwriting. 63 L.R.A. 432. 
 
 Knowledge of nonexpert witness to hand- 
 writing from. 63 L.R.A. 971. 
 
 Instruction by correspondence as interstate 
 commerce. 27 L.R.A. (N.S.) 493. 
 
 CORROBORATION. 
 
 Necessity of, see Evidence, 289, 320, 321. 
 Of witness, see WITNESSES, 45, 46. 
 
 CORRUPTION OF VOTERS. 
 
 Libel or slander by charge of, against pub- 
 lic officer or candidate. L.R.A.1918E, 
 31. 
 
 COSMETICS. 
 
 Misrepresentation as to, as affecting valid- 
 ity of trademark. 19 L.R.A. 56. 
 
 COST. 
 
 False statement as to, see FRAUD AND DE- 
 CEIT, 10. 
 
 Of public utility plants, as element in 
 estimating their value, see PUBLIC 
 SERVICE CORPORATIONS, 5. 
 
 Of receivership, see RECEIVERS, 26. 
 
 COST, INSURANCE, AND FREIGHT 
 CONTRACTS. 
 
 Effect of war on. 7 B. R. C. 956. 
 
 COSTS AND FEES. 
 
 I. In general, 1. 
 
 II. Right to recover; liability for, 
 2-5. 
 
 III. Amount; items; priority, 6-8. 
 
 IV. Practice concerning; collection, 
 
 9, 10. 
 
 I. In general. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, 181.
 
 314 
 
 INDEX TO L.R.A. NOTES. 
 
 COSTS AND FEES, I. cont'd 
 
 Effect of pardon on, see CRIMINAL LAW, 
 89. 
 
 As to fees for inspection, see INSPECTION. 
 
 Fees of public officers, see OFFICERS, 31- 
 37, 44. 
 
 Fees of witnesses, see WITNESSES, 48- 
 51. 
 
 On appeal, see APPEAL AND ERROR, 42. 
 
 In bankruptcy proceedings, see BANKRUPT- 
 CY, 7. 
 
 In ejectment, see EJECTMENT, 15. 
 
 In action on insurance policy, see INSUR- 
 ANCE, 206. 
 
 In action to enforce mechanics' lien, see 
 MECHANICS' LIENS, 25. 
 
 In suit for appointment of receiver, see 
 RECEIVERS, 9. 
 
 As element of damages for injuries caused 
 by damming back water of stream. 59 
 L.R.A. 898. 
 
 Expense of litigation as element or limit 
 of punitive damages. 4 L.R.A. (N.S.) 
 907. 
 
 How far does limitation of liability in policy 
 of indemnity insurance against liability 
 for injuries to employees and others in- 
 clude expenses of litigation. 12 L.R.A. 
 (N.S.) 479; 43 L.R.A.(N.S.) 1128; 
 L.R.A.1918D, 187. 
 
 Effect of award on private agreement as 
 to costs in criminal actions. 58 L.R.A. 
 182. 
 
 Condition against taking effect of bond for, 
 until ^igned by others. 45 L.R.A. 341. 
 
 Fees as taxes within constitutional provi- 
 sions as to taxation. 1 L.R.A. (N.S.) 
 153. 
 
 Creation of partnership by provision for 
 division of fees in place of compensa- 
 tion. 18 L.R.A. (N.S.) 1040. 
 
 Appeal from decree for. 1 L.R.A. (N.S.) 
 1083. 
 
 Acceptance of costs awarded by order al- 
 lowing amendments to pleadings as af- 
 fecting right to appeal from order. 29 
 L.R.A. (N.S.) 25. 
 
 Collateral attack for fraud not affecting 
 jurisdiction on judgment for. 36 
 L.R.A.(N.S.) 985. 
 
 Power of state court to render judgment 
 for costs in case removed to Federal 
 
 court and not 
 (N.S.) 1059. 
 
 remanded. 30 L.R.A. 
 
 Right of officer conducting judicial sale to 
 his fee where property is bid in by per- 
 son at whose instance sale was made. 
 48 L.R.A.(N.S.) 542. 
 
 Right of purchaser to indemnity for expense 
 of defending suit or proceeding based on 
 Bulk Sales Act. L.R.A.1916F, 551. 
 
 Liability under policy indemnifying against 
 liability for injuries to compensate in- 
 sured for expenses incurred in success- 
 ful defense or compromise of action. 
 44 L.R.A.(X.S.) 609. 
 
 Payment of, as consideration for agreement 
 extending time of payment of obliga- 
 tion. 52 L.R.A.(N.S.)" 339. 
 
 Recovery of, as element of damages to be 
 paid public utility company upon tak- 
 ing its plant. 47 L.R.A. (NS.) 791. 
 
 COSTS AND FEES cont'd 
 
 II. Right to recover; liability for. 
 
 2. Generally. 
 
 Under the Torrens Law. 
 
 L.R..A.191GD, 48. 
 
 Recovery of, under Workmen's Compensa- 
 tion Act. L.R.A.1916A, 181; L.R.A. 
 1917D, 185. 
 
 Exemption of homestead from liability for. 
 
 24 L.R.A. 790. 
 
 Liability of vessel or owner for compulsory 
 pilotage fees. 39 L.R.A. 177. 
 
 On withdrawal of jurors. 48 L.R.A. 437. 
 
 Effect, on costs, of allowance of compound 
 interest. 29 L.R.A. 658. 
 
 Claims against state for. 42 L.R.A. 41. 
 
 Effect of pardon on. 15 L.R.A. 395; 43 
 L.R.A. (N.S.) 207. 
 
 Allowance for, in recovery on bond. 55 
 L.R.A. 386. 
 
 Constitutionality of statute authorizing 
 costs of prosecution to be imposed 
 upon prosecuting witness. 61 L.R.A. 
 489. 
 
 Liability for, of party controlling or carry- 
 ing on litigation in name of another. 
 62 L.R.A. 618. 
 
 Liability of covenantor in conveyance of 
 real property for expense of success- 
 ful defense. 39 L.R.A. (N.S.) 67. 
 
 Personal liability of arbitrator to costs on 
 bill of discovery. 42 L.R.A. (N.S.) 280. 
 
 Right to tax amount paid to surety com- 
 pany for undertaking. 48 L.R.A. 591. 
 
 Right of accommodation party who is 
 obliged to pay bill or note to recover 
 costs from accommodated party. 37 
 L.R.A.(N.S.) 788. 
 
 Right of receiver to be indemnified for 
 costs of defending an action charging 
 him with fraud or misconduct. 2 
 B. R. C. 423. 
 
 Clerks' fees on filing record and docketing 
 cause in Federal Supreme Court. 6U 
 L.R.A. 850. 
 
 Right of clerk on salary basis to retain fee 
 for naturalization.' 30 L.R.A. (N.S.) 
 810. 
 
 Of view by jury. 42 L.R.A. 393. 
 
 In proceedings to perpetuate testimony. 
 
 25 L.R.A.(N.S.) 681. 
 
 In replevin action as element of damages 
 
 in action on replevin bond. 
 (N.S.) 373. 
 
 30 L.R.A. 
 
 3. Against personal representative. 
 
 Personal liability of executors and admin- 
 istrators for. 14 L.R.A. 696. 
 
 In suit by or against executor or adminis- 
 trator to enjoin execution sales. 30 
 L.R.A. 122. 
 
 Right of executor or administrator to sm-, 
 defend, or appeal in forma pauperis. 
 68 L.R.A. 418. 
 
 Allowance of attorneys' fees in suit for ad- 
 
 u-ith this book on every law question. 
 
 ministration of decedent's estate. 
 L.R.A. 820. 
 
 54
 
 INDEX TO L.R.A. NOTES. 
 
 315 
 
 COSTS AND FEES, II. cont'd 
 4. Out of fund or estate. 
 
 What fund is chargeable with costs and 
 expenses of sale when encumbered 
 property is sold in bankruptcy free of 
 liens. 29 L.R.A.(N.S.) 737. 
 
 Allowance of attorneys' fees out of fund 
 for attorneys of creditors who sue in 
 behalf of themselves and other credit- 
 ors. 54 L.R.A. 817. 
 
 Validity of agreement that costs of con- 
 testing will shall be paid out of the 
 estate. 2 B. R. C. 633. 
 
 5. Security for. 
 
 Effect of insertion of unauthorized provi- 
 sions in cost bond. L.R.A.1917B, 1008. 
 
 Right to sue in forma pauperis at common 
 law or in the absence of a statute. 
 L.R.A.1918B, 319. 
 
 Right of executor or administrator to sue, 
 defend, or appeal in forma pauperis. 
 68 L.R.A. 418. 
 
 Duty of attorney to secure costs in action 
 taken by him on contingent fee. 11 
 L.R.A.(N.S.) 1153. 
 
 Failure to give security for, as termina- 
 tion of prosecution for purpose of ac- 
 tion for malicious prosecution. 2 
 L.R.A.(N.S.) 939. 
 
 Effect upon surety on, of judgment against 
 principal. 40 L.R.A. (N.S.) 747; L.R.A. 
 1918E, 821. 
 
 III. Amount; item*; priority. 
 
 % 6. Generally. 
 
 Cost of defending possession seeking to ob- 
 tain possession as special damages 
 from breach of warranty by existence 
 of unexpired lease. 35 L.R.A. (N.S.) 
 781. 
 
 Liability for cost of receivership where 
 final judgment is against the party 
 who procured the receivership. 25 
 L.R.A. (N.S.) 412. 
 
 Of correction of record after appeal or writ 
 of error. 31 L.R.A. (N.S.) 213. 
 
 Allowance of expenses of business carried 
 on by personal representative as costs 
 of administration. 40 L.R.A.(N.S.) 
 229. 
 
 7. Attorneys' fees. 
 
 Attorney's right to fees from his own 
 client, see ATTORNEYS, 18-22. 
 
 Stipulation in contract for, see ATTORNEYS' 
 FEES. 
 
 In action to enforce mechanics' lien, see 
 MECHANICS' LIENS, 25. 
 
 In action to enforce tax, see TAXES, 71. 
 
 Validity of statutory provision for attor- 
 neys' fees. L.R.A.1915E, 943. 
 
 Claims against state for. 42 L.R.A. 51. 
 
 Right to, in action on replevin bond. 30 
 L.R.A. (N.S.) 372. 
 
 Attorneys' fees as part of compensatory 
 damages recoverable in act*on for tort. 
 28 L.R.A. (N.S.) 761. 
 
 Consult also L.R.A. Digests of Cases. 
 
 COSTS AND FEES, III. cont'd 
 Right of executor to allowance for attor- 
 neys' fees for services rendered in at- 
 tempt to establish, or resist attack 
 upon, will. 26 L.R.A. (N.S.) 757. 
 Allowance of attorneys' fees out of fund 
 for attorneys of creditors who sue 
 in behalf of themselves and other 
 creditors. 54 L.R.A. 817. 
 Recovery on injunction bond of attorneys' 
 fees necessarily expended in dissolving 
 the injunction. 16 L.R.A. (N.S.) 49. 
 
 8. Priority. 
 
 Preference of, in distribution of assets of 
 insolvent insurance company. 38 
 L.R.A. 107. 
 
 Priority of claim for, against property in 
 hands of receiver. 2 L.R.A. (N.S.) 
 1051, 1067. 
 
 Priority in bankruptcy aa between taxes 
 and costs and fees. 31 L.R.A. (N.S.) 
 988. 
 
 Priority of costs of receivership over re- 
 corded liens. 41 L.R.A. (N.S.) 710. 
 
 IV. Practice concerning; collection. 
 
 9. Generally. 
 
 Motion for security for costs as extending 
 time to plead. 47 L.R.A. (N.S.) 854. 
 
 Accord and satisfaction by part payment 
 of. 20 L.R.A. 790. 
 
 As to payment in coin- 29 L.R.A. 596. 
 
 Acceptance of costs awarded by judgment 
 or order as affecting right to appeal 
 therefrom. 29 L.R.A. (N.S.) 1. 
 
 Duty of attorney to pay or secure costs in 
 an action which he takes on a con- 
 tingent fee. 11 L.R.A. (N.S.) 1153. 
 
 Setting off costs in bankruptcy cases. 55 
 L.R.A. 55. 
 
 10. Compelling payment of. 
 
 Imprisonment for nonpayment of. 27 
 L.R.A. 601; L.R.A.1915B, 648. 
 
 Compelling labor in payment of. 27 L.R.A. 
 601. 
 
 Costs as debts within constitutional provi- 
 sion as to imprisonment. 34 L.R.A. 
 655. 
 
 Cruel punishment for failure to pay. 35 
 L.R.A. 567; L.R.A.1915C, 563. 
 
 COSURETIES. 
 
 Remedies between, see Principal and Sure- 
 ty, 29. 
 
 COTENANCY. 
 
 J. In general, 1,2. 
 II. Creation; existence, 3. 
 III. Rights, remedies, and liabilities as 
 
 to each other, 4-1O. 
 IV. Transfer of interests, 11, 12.
 
 310 
 
 COTENANCY cont'd 
 
 7. In general. 
 
 1. <.rlliT;ill\ . 
 
 As to tenancy by entireties, see HUSBAND 
 
 AND WIFE, 27. 
 As to partition, see PARTITION. 
 Taxation of property of cotenant, see TAXES, 
 
 53a. 
 
 Succession tax upon death of one joint ten- 
 ant. L.R.A.1916C, 682. 
 
 Right of cotenant to compensation for im- 
 provements made before condemnation 
 by one entering with consent of other 
 cotenant. L.R.A.1916F, 991. 
 
 May jurisdiction of suit to determine in- 
 terests of cotenants in real property 
 within state rest upon constructive 
 service upon nonresident. 52 L.R.A. 
 (N.S.) 1001. 
 
 Extent of recovery in ejectment by tenants 
 in common against stranger. 6 L.R.A. 
 (N.S.) 710; 51 L.R.A.(N.S.) 50. 
 
 Kind of possession necessary to satisfy 
 statutes of frauds as applied to ten- 
 ants in common. 3 L.R.A.(N.S.) 815. 
 
 Notice of title from possession by cotenants. 
 13 L.R.A.(N.S.) 124. 
 
 Applicability of rule in Shelley's Case to 
 tenancy in common in remainder. 29 
 L.R.A.(N.S.) 1030. 
 
 2. Running of limitations against. 
 
 Effect of part payment on mortgage by one 
 cotenant to toll statute of limitations 
 as to others. 27 L.R.A.(N.S.) 146. 
 
 Disability of some, but not all, of the joint 
 tenants as affecting the statute of limi- 
 tations. 7 L.R.A.(N.S.) 407. 
 
 II. Creation and existence. 
 
 $ 3. Generally. 
 
 Creation of estate by entireties. 30 L.R.A. 
 322. 
 
 When burial lot held in common. 67 L.R.A. 
 122; L.R.A. 1918A, 149. 
 
 Effect of deposit of funds belonging to the 
 depositor in a bank account in the name 
 of himself and another to create joint 
 tenancy. L.R.A.1917C, 571. 
 
 Devise or bequest to one and his children 
 as giving the children an estate in com- 
 mon with the parent. L.R.A. 1917B, 49. 
 
 Conveyance to one and his children as giv- 
 ing the children an estate jointly or in 
 
 INDEX TO L.R.A. NOTES. 
 
 common with the parent. 
 76. 
 
 L.R.A.1917B, 
 
 ///. Rights, remedies, and 
 as to each other. 
 
 liabilities 
 
 4. Generally. 
 
 Adverse possession by tenants in common, 
 see ADVERSE POSSESSION, 8. 
 
 Contribution between cotenants, see CON- 
 TRIBUTION, 5. 
 
 Demand of cotenant, see DEMAND, 3. 
 
 Interest against cotenants, see INTEREST, 
 10. 
 
 C9TENANCY, III. cont'd 
 
 Limitation of actions between joint ten- 
 ants, see LIMITATION OF ACTIONS, 
 30, 42. 
 
 Right of cotenants to fish. 60 L.R.A. 516. 
 
 Right of one cotenant who pays mortgage 
 to be subrogated to the rights of mort- 
 gagee as against other cotenant or his 
 privies. 8 L.R.A. (N.S.) 559. 
 
 Right of one cotenant of mortgaged prop- 
 erty to maintain action for money 
 had and received for surplus received 
 by mortgagee on sale of property. 44 
 L.R.A.(N.S.) 1044. 
 
 Failure to account for fund to one jointly 
 interested therein as theft, larceny, or 
 embezzlement. 31 L.R.A. (N.S.) 822. 
 
 Right to invoke aid of court to determine 
 rights to property accumulated in com- 
 mon by parties living in illicit rela- 
 tions. 36 L.R.A. (N.S.) 838. 
 
 Remo/al of chattel to foreign country by 
 tenant in common as conversion. 7 B. 
 R. C. 313. 
 
 5. Relation between. 
 
 Trust relations between cotenants. 12 
 
 L.R.A. 485. 
 Joint owners and tenants in common as 
 
 partners. 18 L.R.A. (N.S.) 1084. 
 Relationship of owners of different floors 
 
 of buildings. 3 L.R.A. (N.S.) 510. 
 
 6. Acquiring of outstanding interest 
 by one cotenant. 
 
 Right of one cotenant to purchase the prop- 
 erty in his own right at a sale under 
 an encumbrance created by one through 
 whom the cotenants derive title. 19 
 L.R.A.(N.S.) 591. 
 
 Right of former cotenant to acquire title 
 in his own right through or under a 
 purchaser at a sale under a title or 
 interest paramount to the common 
 title. 37 L.R.A. (N.S.) 831. 
 
 Right of cotenant to relocate mining claim 
 for his own benefit. 50 L.R.A. 184. 
 
 Relocation by cotenant of mining claim as 
 abandonment or forfeiture. C8 L.R.A. 
 842. 
 
 7. other cotenants acquiring in- 
 terest in. 
 
 Tender of share of expense as condition of 
 right to share in benefit of purchase 
 by cotenant of outstanding interest. 
 10 L.R.A. (N.S.) 863. 
 
 Laches as affecting right of one cotenant 
 to benefit of purchase of outstanding 
 title by another. 19 L.R.A. (N.S.) 526; 
 42 L.R.A.(N.S.) 242. 
 
 8. Liability to account for use and 
 occupation, and rents and profits. 
 
 Lien of cotenant for rent, see LANDLORD 
 AND TENANT, 89. 
 
 In general. 28 L.R.A. 829; 29 L.R.A. 
 
 (N.S.) 224; L.R.A.1918B, 606. 
 The common-law doctrine. 28 L.R.A. 829. 
 Reason of the common-law doctrine. 28 
 
 Begin with this boofc on every law question. 
 
 L.R.A. 830.
 
 INDEX TO L.R.A. NOTES. 
 
 317 
 
 COTENANCY, III. cont'd 
 
 States not adopting the English statute. 
 
 28 L.R.A. 832. 
 
 When held liable. 28 L.R.A. 832. 
 
 In case of ouster. 28 L.R.A. 832; 29 
 L.R.A.(N.S.) 228; L.R.A.1918B, 
 607. 
 
 In cases where an agreement exists. 
 28 L.R.A. 834; 24 L.R.A. ( N.S. ) 
 227; L.R.A.1918B, 607. 
 Mere occupation without ouster. 29 
 L.R.A.(N.S.) 224; L.R.A.1918B, 
 606. 
 When occupied by one alone. 28 L.R.A. 
 
 836. 
 
 The remedy as between cotenants. 28 
 L.R.A. 840; 29 L.R.A. (N.S.) 230; 
 L.R.A.1918B, 608. 
 
 Liability to account for rents received. 28 
 L.R.A. 848; 29 L.R.A. (N.S.) 229; 
 L.R.A.1918B, 607. 
 Lien for rents received. 28 L.R.A. 849; 
 
 29 L.R.A.(N.S.) 236; L.R.A.1918B, 609. 
 The question, What is more than a just 
 
 share. 28 L.R.A. 849. 
 Necessity of a demand. 28 L.R.A. 850; 29 
 
 L.R.A. (N.S.) 232. 
 Necessary allegations in action of account. 
 
 28 L.R.A. 850. 
 
 In what character liable. 28 L.R.A. 850. 
 Position of cotenant holding over. 28 
 
 L.R.A. 851. 
 Extent of liability. 28 L.R.A. 852; 29 
 
 L.R.A. (N.S.) 232. 
 When liable to pay interest. 28 L.R.A. 
 
 853; 29 L.R.A. (N.S.) 233. 
 Deductions. 28 L.R.A. 854; 29 L.R.A. (N.S.) 
 
 234; L.R.A.1918B, 608. 
 When held for the rental value. 28 L.R.A. 
 
 853. 
 Position of purchaser of cotenant's share. 
 
 28 L.R.A. 854; 29 L.R.A. (N.S.) 229. 
 As to coparceners. 28 L.R.A. 854. 
 Mesnc profits. 28 L.R.A. 857. 
 The application of the statute of limita- 
 tions. 28 L.R.A. 859; 29 L.R.A.(N.S.) 
 
 239 ; L.R.A.1918B, 609. 
 Construction of the state statutes. 28 
 
 L.R.A. 860; 29 L.R.A. (N.S.) 226; 
 
 L.R.A.1918B, 606. 
 
 9. Liability for improvements and 
 repairs. 
 
 Improvements. 29 L.R.A. 449. 
 
 Repairs. 29 L.R.A. 457. 
 
 Repudiating cotenancy as affecting coten- 
 ant's right to contribution for cost of 
 improvements and repairs. L.R.A. 
 1915B, 961, 972. 
 
 Right of successor to share of cotenant to 
 latter's claim to allowance for im- 
 provements to common property. 45 
 L.R.A.(N.S.) 738. 
 
 10. Remedies. 
 
 As to action for partition, generally, see 
 PARTITION. 
 
 Ejectment by one against third person. 18 
 
 L.R.A. 789. 
 Trespass quare clausum fregit by tenant 
 
 in common of realty against cotenant. 
 
 10 L.RJMN.S.) 212. 
 Consult also L.R.A. Digests of Cases. 
 
 COTENANCY, III. cont'd 
 Levy on crops owned by cotenants. 23 
 L.R.A. 260. 
 
 IV. Transfer of interests. 
 
 11. Generally. 
 
 Provision in insurance policy against aliena- 
 tion or change in interest, title, or pos- 
 session as applying to interest of co- 
 tenant. L.R.A.1917A, 32. 
 
 Estoppel of cotenant to assert title as 
 against purchaser from other cotenant 
 by concealing same. 48 L.R.A. (N.S.) 
 757. 
 
 Validity and effect of a deed by one co- 
 tenant, purporting to convey a parcel 
 in severalty to a third person. 47 
 L.R.A.(N.S.) 573. 
 
 Effect of conveyance by one cotenant to 
 third person to found adverse posses- 
 sion against others. 32 L.R.A. (N.S.) 
 702. 
 
 Dedication of land in which third persons 
 have an interest. 31 L.R.A. (N.S. ) 
 1023. 
 
 Assignment to cotenant as breach of cove- 
 nant not to assign without license. 2 
 B. R. C. 816. 
 
 Power of husband or his creditors to de- 
 feat wife's right of dower in lands held 
 by husband as tenant in common. 18 
 L.R.A. 75. 
 
 12. By will. 
 
 Right of wife under statutes removing dis- 
 abilities of married women to devise 
 property held by her husband and her- 
 self as joint tenants. 7 L.R.A. (N.S.) 
 701. 
 
 Devise or bequest of property in which 
 
 testator had but a part interest, as 
 
 putting co-owner, who is a beneficiary, 
 
 to his election, 30 L.R.A. (N.S.) 644. 
 
 CO-TRUSTEES. 
 
 Liability for acts of, see TRUSTS, 28. 
 
 COTTON. 
 
 Privilege of compressing in transit. L.R.A. 
 
 1918A, 178. 
 Sufficiency of selection of part sold out of 
 
 a larger lot. 26 L.R.A. (N.S.) 32. 
 Delegation by legislature to railroad com- 
 
 mission of power as to compressing 
 
 cotton. 32 L.R.A.(N.S.) 652. 
 Cotton ginning as a business affected with 
 
 a public interest. L.R.A.1918A, 285. 
 
 COTTON GIN. 
 
 See COTTON.
 
 318 
 
 INDEX TO L.R.A. NOTES. 
 
 COUGHING BLOOD. 
 
 What constitutes within meaning of in- 
 surance policy. 23 L.R.A.(N.S.) 917. 
 
 COUNCIL. 
 
 Meeting of, see MUNICIPAL CORPORATIONS, 
 20. 
 
 COUNSEL. 
 
 See ATTORNEYS. 
 
 COUNSEL FEES. 
 
 In general, see ATTORNEYS' FEES. 
 In divorce suit, see DIVORCE AND SEPARA- 
 TION, 39-40a. 
 
 "" 
 
 COUNTERCLAIM. 
 
 See SET-OFF AND COUNTERCLAIM. 
 
 COUNTERFEITING. 
 
 39 L.R.A.(N.S.) 1191. 
 25 L.R.A. 345; 30 L.R.A. 
 
 Of union label. 
 Instigation to. 
 
 (N.S.) 953. 
 Necessity and sufficiency of description of 
 
 offense in bail bond or recognizance. 
 
 38 L.R.A.(N.S.) 316. 
 Proof of corpus delicti in prosecution for 
 
 passing counterfeit money. 68 L.R.A. 
 
 56, 73. 
 Evidence of other crimes in prosecution for. 
 
 62 L.R.A. 225, 257. 
 Several offenses growing out of same facts. 
 
 31 L.R.A. (N.S.) 725, 730. 
 Cruel and illegal punishment for. 35 
 
 L.R.A. 571. 
 
 COUNTIES. 
 
 7. In general, 1. 
 
 II. Nature; organization; boundaries; 
 
 alteration, 2, 3. 
 
 III. Comity seat, 4. 
 
 IV. Rights and powers; contracts, 
 
 5, 6. 
 
 V. Duties and liabilities; indebted- 
 ness, 7-11. 
 
 VI. Officers; county board, f 12. 
 
 VII. Actions affecting, 13. 
 
 I. In general. 
 
 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, 124, 125. 
 
 Begin u*ith this booTc on every law question. 
 
 COUNTIES, I. cont'd 
 Estoppel of, see ESTOPPEL, I. 
 Garnishment of, see GARNISHMENT, 9. 
 For what purpose public money may be used 
 by, see PUBLIC MONEY, 4. 
 
 Right of subcontractor, materialman, or 
 laborer to maintain action on con- 
 tractor's bond running to. 27 L.R.A. 
 TN.S.) 581. 
 
 Right of state to authorize or direct diver- 
 sion of county funds to purpose other 
 than that for which collected. L.R.A. 
 1915D, 274. 
 
 //. Nature; organization; boundaries; 
 alteration. 
 
 2. Generally. 
 
 Extrinsic evidence to show unconstitution- 
 ally of statutes incorporating coun- 
 ties. 14 L.R.A. 459; L.R.A.1915D, 461. 
 
 Division of territory of, as affecting its 
 assets and liabilities. 39 L.R.A. (N.S.) 
 285. 
 
 Rule for determining the indebtedness with- 
 in the meaning of debt limit provisions, 
 where boundaries of different political 
 units are wholly or partly coincident. 
 L.R.A.1917E, 468. 
 
 3. Adjustment of debts on alteration 
 of county. 
 
 Liability of original county for debts of 
 county defectively organized from part 
 of its territory. 6 L.R.A.(N.S.) 791. 
 
 Liability of territory annexed to county 
 to pay proportionate share of exist- 
 ing debts. 27 L.R.A.(N.S.) 1147. 
 
 III. County seat. 
 
 4. Generally. 
 
 Bribery by gift in consideration of loca- 
 tion of. 14 L.R.A. 62. 
 
 Bribery in vote for. 15 L.R.A. 501. 
 
 Right to withdraw names from petition for 
 removal of. 35 L.R.A.(N.S.) 1113. 
 
 On what basis majority essential to adop- 
 tion of proposition for change of coun- 
 ty- seat is to be computed. 22 L.R.A. 
 (N.S.) 478. 
 
 Reverter of land dedicated or conveyed for 
 purpose of court-house on removal of 
 county seat or failure to use land for 
 such purposes. 35 L.R.A. (N.S.) 603. 
 
 Validity of court orders in case of trials 
 held at place other than county seat. 
 L.R.A.1917E, 362. 
 
 IV. Rights and powers; contracts. 
 
 5. Generally. 
 
 For what purpose public money may be 
 used, see PUBLIC MONEY, 4. 
 
 As trustees of charities. 14 L.R.A. 70; 14 
 
 L.R.A.(N.S.) 113. 
 Authority of county to employ "tax ferret." 
 
 4 L.R.A.(N.S.) 339; 38* L.R.A. (N.S.) 
 
 201.
 
 INDEX TO L.R.A. NOTES. 
 
 319 
 
 COUNTIES, IV cont'd 
 
 Power to employ attorney. L.R.A.1917D, 
 
 241. 
 
 On contingent fee. L.R.A.1917D, 263. 
 Right, when entitled to services of of- 
 ficial attorney, to employ other at- 
 torney in civil matters. L.R.A. 
 1917D, 251. 
 
 Right of county to collect tolls for use of 
 bridge or highway. 42 L.R.A. (N.S.) 
 836. 
 
 Power of legislature to authorize counties 
 to build, purchase, or operate railroad 
 as affected by restrictions on power to 
 aid private enterprises. 28 L.R.A. 
 (N.S.) 412. 
 
 Reputed father's right to custody or con- 
 trol of illegitimate child as against. 
 65 L.R.A. 694. 
 
 Right to surrender valid claim upon partial 
 payment. ]9 L.R.A. (N.S.) 320. 
 
 Estoppel of, to tax land, by wrongfully 
 claiming ownership. 14 L.R.A. (N.S.) 
 1074. 
 
 Federal courts following state decisions as 
 to powers. 40 L.R.A. (N.S.) 442. 
 
 Applicability as against county of presump- 
 tion of payment from lapse of time. 
 L.R.A.1916B, 739. 
 
 6. Contracts. 
 
 Estoppel of county by contract, see ESTOP- 
 PEL, 2a. 
 
 Liability of, on implied contract. 27 L.R.A. 
 
 (KS.) 1117; 39 L.R.A.(N.S.) 72; 46 
 
 L.R.A.(N.S.) 921. 
 Liability of county on implied contract for 
 
 publishing notices in newspaper. 27 
 
 L.R.A. (N.S.) 1130. 
 Power of board to make contract for term 
 
 extending beyond its own term. 29 
 
 L.R.A. (N.S.) '652; L.R.A.1915E, 581. 
 Rights and remedies where contracts are 
 
 invalid. L.R.A.1915A, 904. 
 Ratification of invalid contract. L.R.A. 
 
 19] 5A, 1023. 
 
 V. Duties and liabilities; indebtedness. 
 
 7. Generally. 
 
 Liability on contracts, see supra, 6. 
 
 Liability to garnishment, see GARNISH- 
 MENT, 9. 
 
 Duty and liability in respect to poor per- 
 sons, see POOR AND POOR LAWS. 
 
 Applicability of Workmen's Compensation 
 Acts to counties. L.R.A.1918F, 190. 
 
 Statute requiring county to pay a claim 
 against it as an invasion of powers of 
 judiciary. L.R.A.1917E, 827. 
 
 Division of territory of county as affecting 
 its liability. 39 L.R.A.(N.S.) 285. 
 
 Obligation of, as operator of ferry. 68 
 L.R.A. 155. 
 
 Duty to contribute to maintenance of boun- 
 dary bridge. L.R.A.1916F, 511. 
 
 Are counties within constitutional provi- 
 sion requiring "municipal and other 
 corporations" to make just compensa- 
 tion for property injured by public 
 work. 18 L.R.A. (N.S.) 884. 
 
 Consult also L.ll.A. Digests of Cases. 
 
 COUNTIES, V. cont'd 
 Federal courts following state decisions as 
 to liabilities. 40 L.R.A. (N.S.) 442. 
 
 8. For torts and negligence. 
 
 Liability for injury by defects in bridge, 
 
 see BRIDGES, 5, 6. 
 Liability for injury by defects in highways, 
 
 see HIGHWAYS, 78. 
 
 Injuries to travelers and vehicles. 39 
 
 L.R.A. 33. 
 
 Injuries to other persons. 39 L.R.A. 59. 
 Injuries to real property from public im- 
 provements. 39 L.R.A. 63. 
 Other wrongful and negligent acts affect- 
 ing persons or property. 39 L.R.A. 
 71. 
 
 Infringement of patents. 39 L.R.A. 73. 
 Damages by defaulting officer. 39 L.R.A. 
 
 74. 
 By misapplication, conversion, or taking 
 
 property. 39 L.R.A. 75. 
 Presentation of claims before county board 
 
 as a condition precedent to suit. 39 
 
 L.R.A. 77. 
 Liability of county for injuries caused by 
 
 construction or maintenance of bridge 
 
 to property thereto adjoining. 21 
 
 L.R.A. (N.S.) 209. 
 Liability for damage to vessel by bridge. 
 
 L.R.A.1915F, ]062. 
 Liability for imprisonment of person in 
 
 unhealthful or unfit prison. 36 L.R.A. 
 
 293; 2 L.R.A. (N.S.) 95. 
 Liability for injuries to one employed about 
 
 house of detention. 23 L.R.A. (N.S.) 
 
 910. 
 Liability for property destroyed by mob. 
 
 44 L.R.A. (N.S.) 358. 
 Liability of county for personal injury due 
 
 to negligence of officer or agent at coun- 
 ty institution. L.R.A.1916B, 1263. 
 
 9. Warrants; indebtedness; claims 
 against. 
 
 Adjustment of debts on alteration of coun- 
 ty, see supra, 3. 
 
 County bonds, see BONDS, 17-27. 
 
 For what purpose public money may be used 
 by county, see PUBLIC MONEY, 4. 
 
 Are holders necessary parties to proceed- 
 ings to invalidate warrants or other 
 moneyed obligations of county, state, 
 or municipal corporation. 3 L.R.A. 
 (N.S.) 256. 
 
 Recovery of money loaned a county on in- 
 valid contract to pay its indebtedness. 
 15 L.R.A. (N.S.) 567. 
 
 Liability of public for services of physicians 
 or surgeons rendered prisoners. 50 
 L.R.A.(N.S.) 1223. 
 
 What services or supplies to jurors are 
 proper subjects of county charge. 21 
 L.R.A. (N.S.) 200. 
 
 When limitations begin to run against ac- 
 tion on county warrant. 10 L.R.A. 
 (N.S.) 478. 
 
 Right of municipal corporation, county or 
 town authorities to reconsider action 
 as to allowance or claim. 21 L.R.A. 
 (N.S.) 289.
 
 320 
 
 INDEX TO L.R.A. NOTES. 
 
 COUNTIES, V. cont'd 
 
 Presentation of claims against county by 
 
 county board as condition precedent to 
 
 suit. 39 L.R.A. 77. 
 Acceptance of partial allowance of claim 
 
 as an accord and satisfaction. 42 
 
 L.RJMN.S.) us. 
 
 Presumption as to time of alteration in 
 county warrant. 39 L.R.A. (N.S.) 115. 
 
 10. limitation of indebtedness. 
 
 Rule for determining the indebtedness with- 
 in the meaning of debt limit provisions, 
 where boundaries of different political 
 units are wholly or partly coincident. 
 L.R.A.1917E, 468. 
 
 Creation of indebtedness within meaning 
 or debt limit provision. 37 L.R.A. 
 (N.S.) 1058; L.R.A.1917E, 437. 
 
 11. liability for Interest. 
 
 Liability of county for interest on its ob- 
 ligations in absence of statute or 
 express contract. 17 L.R.A. (N.S.) 
 652. 
 
 VI. Officers; county board. 
 
 12. Generally. 
 
 Parol evidence to vary or supplement min- 
 utes of. 50 L.R.A. (N.S.) 99. 
 
 Statutes conferring powers upon municipal- 
 ities or counties in respect to their offi- 
 cers as a delegation of legislative pow- 
 er. L.R.A.1916D, 921. 
 
 Power of officers to act as determined by 
 place of performance. 33 L.R.A. 86. 
 
 Delegation of power of taxation to county 
 authorities. 15 L.R.A. (N.S.) 62. 
 
 Delegation of legislative power to county 
 boards of supervisors. 16 L.R.A. 161. 
 
 Power of board to appoint officer or to 
 make contract for term extending be- 
 yond its own term. 29 L.R.A. (N.S.) 
 652; L.R.A.1915E, 581. 
 
 Liability of county for personal injury due 
 to negligence of officer at county insti- 
 tution. L.R.A.1916B, 1263. 
 
 VII. Actions affecting. 
 
 13. Generally. 
 
 By whom action affecting counties must be 
 brought. 64 L.R.A. 619. 
 
 Garnishment of. 37 L.R.A. 207; L.R.A. 
 1916E, 1163. 
 
 Right to go behind judgment against coun- 
 ty or municipality in mandamus pro- 
 ceedings to enforce the same. 9 L.R.A. 
 (N.S.) 1002. 
 
 Applicability of statute of limitations to 
 actions bv. 3 L.R.A. (N.S.) 746; 22 
 L.R.A.(N.S.) 921; L.R.A. 1916E, 97. 
 
 COUNTING. 
 
 COUNTS. 
 
 Election between, see TRIAL, 10. 
 
 COUNTY CliERK. 
 
 See CLEBKS, 3-7. 
 
 COUNTY SEAT. 
 
 See COUNTIES, 4. 
 
 COUNTY TREASURER. 
 
 Bond of, see BONDS, 12-15. 
 *-- 
 
 COUPLING. 
 
 Matters as to safety appliance acts, aee 
 MASTER AND SERVANT, 96. 
 
 Walking in front of moving car to prepare. 
 
 10 L.R.A. (N.S.) 881. 
 Servant's disobedience of rules regulating 
 
 work of coupling cars. 43 L.R.A. 364. 
 
 COUPONS. 
 
 On bonds, see BONDS, 27. 
 Coupon tickets, see CARRIERS, 22. 
 
 Regulation and prohibition of use of cou- 
 pons and similar trade devices. L.R.A. 
 1917A, 433; L.R.A.1918B, 383. 
 
 COURSES AND DISTANCES. 
 
 In description of mining claim. 7 L.R.A. 
 (N.S.) 838. 
 
 COURT ATTENDANT. 
 
 As a public officer. 17 L.R.A. 245. 
 
 Necessity of counting goods sold out of a 
 
 larger lot. 26 L.R.A. (N.S.) 17. 
 Begin with this booJc on every law question. 
 
 COURTHOUSE. 
 
 Power to conduct court at place other than 
 
 the courthouse. L.R.A.1917E, 363. 
 Validity of contract as to location of. 4 
 
 L.R.A.(N.S.) 589. 
 Bribery by gift to obtain location of. 14 
 
 L.R.A. 62. 
 Right of municipality to secure erection of, 
 
 by paying for instalments as erection 
 
 progresses. 12 L.R.A. (N.S.) 433. 
 Right of taxpayer in absence of statute to 
 
 enjoin erection of, by municipality. 36 
 
 L.R.A. (N.S.) 18.
 
 INDEX TO L.R.A. NOTES. 
 
 321 
 
 COURTHOUSE cont'd 
 
 Mechanics' lien on. 35 L.R.A. 142. 
 
 Lease or license of, for private use. 33 
 L.R.A. 118. 
 
 Liability of municipality for tort in con- 
 nection with. 25 L.R.A. (N.S.) 91. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin issuance or payment of court- 
 house bonds by municipality. 36 
 L.R.A.(N.S.) 6. 
 
 Reverter of land dedicated or conveyed for 
 purposes of courthouse upon removal 
 of county seat. 35 L.R.A. (N.S.) 603. 
 
 COURT OF CLAIMS. 
 
 See ALABAMA CLAIMS; COURTS, 45. 
 
 COURT ROOM. 
 
 Validity of proceedings in course of trial 
 outside of. 41 L.R.A. 563. 
 
 Right of court to exclude public from, dur- 
 ing criminal trial. 9 L.R.A. (N.S.) 
 277? 27 L.R.A. (N.S.) 487; 44 L.R.A. 
 (N.S.) 583. 
 
 Intoxication in, as a contempt. 33 L.R.A. 
 (N.S.) 138. 
 
 COURTS. 
 
 I. In general, 1. 
 II, Jurisdiction and powers in gen- 
 eral, 2-13. 
 a. In general, 2-4. 
 ft. As to what matters, 5-9. 
 
 c. Over what persons or bodies, 
 
 10-12. 
 
 d. Legislative power as to, 
 
 13. 
 
 III. Relation to other departments of 
 government, 14-18. 
 
 IV. Jurisdiction as affected by resi- 
 
 dence, citizenship, or territorial 
 limitations, 19-26. 
 
 V. Jurisdiction as affected by amount 
 
 involved, 27-29. 
 
 VI. Original jurisdiction of court of 
 t last resort; superintending con- 
 trol, 30, 31. 
 
 VII. Various particular tribunals, 
 
 32-45. 
 
 a. In general, 32. 
 T). State courts, 33, 34. 
 
 c. Territorial courts, 35, 
 
 35a. 
 
 d. Federal courts, 36-44. 
 
 1. In general, 36, 36a. 
 
 2. Jurisdiction, 37-44. 
 
 e. Court of claims, 45. 
 VIII. Time; terms; vacation, 46, 
 
 47. 
 
 COURTS cont'd 
 
 IX. Concurring and conflicting juris- 
 diction; relation of state to 
 Federal, 48-54. 
 
 a. In general, 48-51. 
 
 b. State and Federal courts, 
 
 52-54. 
 X. Rules of decision, 55-59. 
 
 I. In general. 
 
 1. Generally. 
 
 Abatement of action by pendency of action 
 
 in other court, see ABATEMENT AND 
 
 REVIVAL, 5-7. 
 Relation of attorneys to, see ATTORNEYS, 
 
 2-6. 
 
 Clerks of, see CLEBKS, 3-7. 
 Contempt of, see CONTEMPT. 
 Courts-Martial, see COURTS-MABTIAL. 
 Property in custody of, see CUSTODY OF 
 
 LAW. 
 
 Evidence in, see EVIDENCE. 
 Judicial notice by, see EVIDENCE, II. 
 Judicial notice as to courts and judicial 
 
 matters, see EVIDENCE, 7, 8. 
 Courts of equity, see EQUITY. 
 As to judges, see JUDGES. 
 Judgment of, see JUDGMENT. 
 Mandamus to, see MANDAMUS, 4, 
 Orders of, see MOTIONS AND ORDERS. 
 Prohibition to, see PROHIBITION. 
 Records of, see RECORDS AND RECORDING 
 
 LAWS, 7, 8. 
 Questions for, see TRIAL, III. 
 
 Necessity of consent of court to entry of 
 nolle prosequi in a criminal case. 45 
 L.R.A.(N.S.) 1120. 
 
 Coercion of disagreeing jury by. 16 L.R.A. 
 643. 
 
 Equal protection as to. 14 L.R.A. 585. 
 
 Personal liability of highway officers for 
 negligence as affected by order of court. 
 22 L.R.A. 829. 
 
 What constitutes offense of attempt to in- 
 fluence officers of. 21 L.R.A.(N.S.) 
 905. 
 
 Use of pledged instrument in, as uttering 
 or publishing. 8 L.R.A. (N.S.) 1180. 
 
 Does privilege as to communications or 
 information acquired by physician ex- 
 tend to physician employed by, 16 
 L.R.A.(N.S.) 888; L.R.A.1915F, 892. 
 
 Duty of court before accepting plea of 
 guilty in capital case. 22 L.R.A. 
 (N.S.) 463. 
 
 Does standard or sqlar time govern in legal 
 proceedings. 1 L.R.A. (N.S.) 364; 6 
 L.R.A. (N.S.) 1046; 35 L.R.A.(N.S.) 
 611. 
 
 Validity of court business transacted on 
 legal holiday. 10 L.R.A. (N.S.) 791. - 
 
 II. Jurisdiction and powers in 
 general. 
 
 a. In general. 
 
 Consult also L.R.A. Digests of Cases. 21 
 
 2. Generally. 
 
 As affected by territorial limitations, see 
 infra, IV.
 
 
 INDEX TO L.R.A. NOTES. 
 
 ( nrilTS, II. a cont'd 
 
 In probate matters, see infra, 34. 
 
 IM i,,l.Tal court, see infra, VII. d, 2. 
 
 Admiralty jurisdiction, see ADMIRALTY. 
 
 Appellate jurisdiction, see APPEAL AND EB- 
 KOK, 4-0. 
 
 Acquiring jurisdiction by appearance, see 
 APPEARANCE, 4. 
 
 In bankruptcy proceedings, see BANK- 
 RUPTCY, 8. 
 
 Of equity, see EQUITY, I. 
 
 In patent cases, see PATENTS, 5. 
 
 ( tf quo warranto proceedings, see Quo WAR- 
 
 Ii\NTO, 2. 
 
 Of action of trover, see TROVER AND CON- 
 VERSION, 5. 
 
 Jurisdiction of action to construe wills, see 
 WILLS, 131. 
 
 Delegation of power to court or judge, see 
 CONSTITUTIONAL LAW, 16. 
 
 Usurpation of power by courts, see CONSTI- 
 TUTIONAL LAW, 19. 
 
 Encroachments on judicial power, see CON- 
 STITUTIONAL LAW, 20. 
 
 Power to punish for contempt, see CON- 
 TEMPT, 10. 
 
 Power to grant new trial, see NEW TRIAL, 
 & 2. 
 
 Power to call and examine witnesses, see 
 WITNESSES, 29. 
 
 Jurisdiction to appoint receiver, see RE- 
 CEIVER, 3. 
 
 IN-inoval of causes to Federal courts, see 
 REMOVAL OF CAUSES. 
 
 As affected by mode of serving process, see 
 WRIT AND PROCESS, II. 
 
 Validity of provision in contract as to place 
 where action may be brought. L.R.A 
 1916D, 696. 
 
 Under what circumstances may a court de- 
 cline jurisdiction. 6 B. R. C. 334. 
 
 Power of court to act as determined by 
 place of performance. 33 L.R.A. 87; 
 L.R.A.1917E, 361. 
 
 On unauthorized appearance by attorney. 
 21 L.R.A. 848. 
 
 Judicial control of discretion as to rein- 
 statement of insured. 40 L.R.A. (N.S.) 
 148. 
 
 Cpnclusiveness of prior decisions on appeal 
 as to jurisdiction. 34 L.R.A. 334. 
 
 Presumption as to. 12 L.R.A. 575. 
 
 Jurisdiction as affected by question whether 
 suit for statutory penalty is a civil 
 or criminal prosecution. 27 L.R.A. 
 (X.S.) 744. 
 
 Waiver of lack of, or defects in, service of 
 process by special appearance on ap- 
 peal from justice's court, 34 L.R.A. 
 (N.S.) 664. 
 
 Tal:in su-ps to contest a cause on the mer- 
 it > after a special appearance, as 
 waiver of objections to the jurisdiction 
 over the person. 16 L.R.A. (N.S.) 177- 
 L.R.A.1916E, 1082. 
 
 Wliat courts have jurisdiction to grant re- 
 lief from mistake of law as to effect of 
 instrument. 28 L.R.A. (N.S.) 896. 
 
 COURTS, II. a cont'd 
 
 Power of court to permit personal repre- 
 sentative, testamentary trustee, or 
 guardian to carry on business in be- 
 half of estate. 40 L.R.A. (N.S.) 210. 
 
 3. Ouster of jurisdiction. 
 
 Constitutionality of statute forbidding con- 
 tracts ousting jurisdiction of court. 
 48 L.R.A. (N.S.) 855. 
 
 Ouster of jurisdiction of courts by arbi- 
 tration agreement. 47 L.R.A. 
 (N.S.) 348. 
 
 Provision for testing election of city officer 
 before city council or other municipal 
 body as exclusive of remedies in court. 
 .26 L.R.A. (N.S.) 207. 
 
 Nonouster of jurisdiction of courts by eon- 
 tracts requiring servant to elect be- 
 tween acceptance of benefits out of 
 relief fund and prosecution of hi* 
 claims in an action for damages. 11 
 L.ll.A.(N.S.) 191. 
 
 Is state court's jurisdiction of creditor's 
 attack on preference ousted by bank- 
 ruptcy proceedings commenced more 
 than four months after preference. 28- 
 L.R.A.(N.S.) 363. 
 
 4. Effect of lack of jurisdiction: 
 challenging jurisdiction. 
 
 Estoppel of party who has invoked juris- 
 diction to deny it. 15 L.R.A. 273. 
 
 Estoppel to deny facts pleaded to defeat 
 jurisdiction of court. 15 L.R.A. (N.S.) 
 423. 
 
 Devestiture of estates of persons not in be- 
 ing by decree beyond court's jurisdic- 
 tion. 42 L.R.A. (N.S.) 441. 
 
 Injunction against judgments for want of 
 jurisdiction. 31 L.R.A. 200. 
 
 Right of alleged fraudulent grantee to at- 
 tack judgment against grantor for lack 
 of jurisdiction. 67 L.R.A. 603. 
 
 Effect of lack of jurisdiction of court in 
 which malicious prosecution is begun 
 on right to maintain action therefor. 
 2 L.R.A.(N.S.) 1100. 
 
 As affecting liability for false imprison- 
 ment. 18 L.R.A. 356. 
 
 As affecting perjury. 54 L.R.A. 513; 40 
 L.R.A.(N.S.) 250. 
 
 ft. As to u'hat matters. 
 
 % 5. Generally. 
 
 Power to grant new trial, see NEW TRIAL. 
 
 Power to grant remittitur, see NEW TRIAL, 
 14. 
 
 Jurisdiction of partition suit, see PARTI- 
 TION, 2, 3. 
 
 Judicial power to review action of board 
 
 as to licenses of physicians, dentists, 
 
 etc. 20 L.R.A. 355. 
 Judicial power to set aside divorces. L.R.A. 
 
 1917B, 417. 
 Constitutional power to appoint officers. 
 
 16 L.R.A. 737. 
 
 Power to vacate highway. 26 L.R.A. 826. 
 Jurisdiction over proceedings for estab- 
 
 irith lliin book on every law question. 
 
 lishrhent of 
 L.R.A. 174. 
 
 drains and sewers. 60
 
 INDEX TO L.R.A. NOTES. 
 
 COURTS, II. b cont'd 
 
 Power of court to require owner of prem- 
 ises or property to permit inspection in 
 negligence case. L.R.A.1917E, 838. 
 
 Power to regulate or prohibit private 
 schools. 29 L.R.A. (N.S.) 55. 
 
 Power to compel establishment of railway 
 stations. 17 L.R.A. (N.S.) 822. 
 
 Power of court to call and examine wit- 
 nesses, 57 L.R.A. 785. 
 
 Power to require ballot boxes to be pro- 
 duced and opened in proceedings other 
 than election contests. 33 L.R.A. 386. 
 
 Power of trial court to correct its records 
 after appeal or writ of error. 31 
 L.R.A.(N.S.) 207. 
 
 Power to provide necessary places and 
 equipment for their business. 22 
 L.R.A. 398. 
 
 Jurisdiction of suit to enjoin execution 
 sales or other proceedings under final 
 process. 30 L.R.A. 132. 
 
 Jurisdiction of courts in actions on con- 
 tractor's bonds given to owners. 27 
 L.R.A.(N.S.) 600. 
 
 Jurisdiction of action growing out of colli- 
 sion of vessel with bridge. 21 L.R.A. 
 (N.S.) 324. 
 
 Right to resort to court to recover taxes 
 paid on erroneous or excessive assess- 
 ments without previous resort to stat- 
 utory remedies. 16 L.R.A. (N.S.) 685. 
 
 Right of creditor of taxing district to in- 
 voke aid of court to obtain satisfac- 
 tion of debt, where ordinary remedies 
 not available. 32 L.R.A. (N.S.) 1020. 
 
 Permitting chancery to set aside a verdict 
 upon an issue directed to a law court 
 as infringing the powers of the latter. 
 8 L.R.A.(N.S.) 866. 
 
 6. With respect to statutes and ordi- 
 nances. 
 
 Inquiry into conclusiveness of enrolled bill. 
 28 L.R.A. 340. 
 
 7. In cases of trust. 
 
 In enforcement of charitable trust, see 
 CHARITIES, 10, 11. 
 
 Power to dissolve trust. 38 L.R.A. 745. 
 
 Assistance of, in revoking or setting aside 
 voluntary trust or settlement. 15 
 L.R.A. 78. 
 
 Power of court to change number of trus- 
 tees designated in trust instrument. 
 1 L.R.A. (N.S.) 802. 
 
 Power of court to consent to conveyance by 
 trustee under a trust requiring consent 
 by cest'ui que trust. 39 L.R.A.(N.S.) 
 39. 
 
 Power to permit carrying on of business by 
 personal representative, testamentary 
 trustee, or guardian. 40 L.R.A. (N.S.) 
 210. 
 
 8. In annulment cases. 
 
 In divorce cases, see DIVORCE AND SEPABA- 
 
 TION, 7-12. 
 Equity jurisdiction, see EQUITY, 12. 
 
 Jurisdiction to annul marriage for insanity 
 of one of the parties. 40 L.R.A. 745. 
 Consult also L.R.A. Digests of Cases. 
 
 COURTS, II. b cont'd 
 
 Local domicil or residence as a condition 
 of jurisdiction in action to annul mar- 
 riage. 30 L.R.A. (N.S.) 745. .; 
 
 9. Criminal cases. 
 
 As affected by territorial limitations, see 
 
 infra, 25. 
 Power to suspend sentence, see CRIMINAL 
 
 LAW, 84. 
 Power in criminal matters generally, see 
 
 CRIMINAL LAW, IV., VI. 
 
 Jurisdiction of state courts over criminal 
 proceedings under Federal laws. 48 
 L.R.A. 38. 
 
 Jurisdiction of criminal actions against 
 consul. 45 L.R.A. 584. 
 
 Power of consul to send criminals to home 
 country for trial. 45 L.R.A. 485. 
 
 Jurisdiction to punish crimes committed 
 by or against Indians. 21 L.R.A. 169; 
 L.R.A.3 9] 5F, 587. : 
 
 Sufficiency of averment in indictment or 
 information for perjury as to jurisdic- 
 tion of court to administer oath. 32 
 L.R.A.(N.S.) 142. 
 
 Right of court to exclude public from court 
 room during criminal trial. L.R.A. 
 (N.S.) 277; 27 L.R.A. (N.S.) 487; 44 
 L.R.A.(N.S.) 583; L.R.A.1918C, 1168. 
 
 Right of court in criminal case to direct a 
 verdict of guilty. 22 L.R.A. (N.S.) 304. 
 
 Power to suspend sentence or stay execu- 
 tion thereof. 33 L.R.A. (N.S.) 312: 3ft 
 L.R.A.(N.S.) 242; L.R.A.1915C, 1169. 
 
 Power to advise but not to compel exercise 
 of power by public prosecutor to dis- 
 miss prosecution. 35 L.R.A. 708. 
 
 Abduction or wrongful bringing of crim- 
 inals into jurisdiction as a defense to 
 prosecution. 15 L.R.A. 177. 
 
 c. Over irhat persons or bodies. 
 
 10. Over consuls. 
 
 Jurisdiction over consuls. 45 'L.R.A. 580. 
 
 11. Over corporations and associa- 
 tions. 
 
 Jurisdiction of Federal court, see infra, 
 40, 43. 
 
 Over foreign corporations, see infra, 23, 
 24. 
 
 Mandamus against corporation, see MANDA- 
 MUS. 32-35. 
 
 Service of process on corporation, see WHIT 
 AND PROCESS, 22-29. 
 
 What service of process upon corporation is 
 sufficient to constitute due process of 
 law. 50 L.R.A. 588. 
 
 Relief of member of labor union from un- 
 lawful fine or suspension. 45 L.R.A. 
 (N.S.) 353. 
 
 When civil courts have jurisdiction of con- 
 troversy between association and its 
 members. 49 L.R.A. 353. 
 
 Conclusiveness of decisions of tribunal's of 
 associations or corporations. 40 
 L.R.A. 353; 2 L.R.A. (N.S.) <J72.
 
 324 
 
 INDK.X. TO L.R.A. NOTES. 
 
 i ol UTS, II. c confd 
 
 CoiK-lusiviTiess of decision of tribunal of 
 mutual benefit society expelling or sus- 
 ]x'iiding a member. 52 L.R.A. (N.S.) 
 806. 
 
 vem.'ss of decisions of tribunals of 
 unit mil benefit associations directly 
 upon claims for benefits: and duty 
 to exhaust remedies within associa- 
 tion. 52 L.R.A.(N.S.) 823. 
 iiy of exhausting remedies within or- 
 der,* against decision expelling or sus- 
 pending a member from a mutual bene- 
 fit association. 52 L.R.A.(N.S.) 817. 
 
 12. over religions societies; con- 
 olnsiveness of decisions of ecclesi- 
 astical tribunals. 
 
 Civil power to review excommunication of 
 
 church member. 15 L.R.A. 801. 
 iTuriadiction of litigation growing out of 
 : schism or division in religious society. 
 
 24 L.R.A.(N.S.) 692. 
 
 Review -by civil court of dismissal or re- 
 moval of priest or minister by an 
 ecclesiastical tribunal. 35 L.R.A. 
 (N.S.) 919. 
 
 .Review by civil courts of expulsion of mem- 
 ber" of a religious society. 4 L.R.A. 
 . (N.S.) 1154. 
 
 Power of civil court to compel restoration 
 of ipember expelled by religious so- 
 ciety. 36 L.R.A. (N.S.) 945. 
 Power of courts to order new election for 
 trustee of religious society because of 
 doubt as to result of original election. 
 31 L.R.A.(N.S.) 686. 
 Gonclusiveness of decisions of ecclesiastical 
 
 tribunals. 49 L.R.A. 384. 
 Conclusiveness of decision of ecclesiastical 
 tribunal as to its own jurisdiction or 
 powers. 24 L.R.A. (N.S.) 701. 
 Conclusiveness on merits of decision remov- 
 ing priest or minister. 35 L.R.A. (N.S.) 
 921. 
 
 (I. Legislative power as to. 
 
 13. Generally. 
 
 Delegation of power to courts by legislature, 
 see CONSTITUTIONAL LAW/ 16. 
 
 Encroachment by legislature on power of 
 courts, see CONSTITUTIONAL LAW, 20. 
 
 Legislative authority to abridge power of 
 
 court to punish 
 L.R.A. 254. 
 
 for contempt. 36 
 
 Power of legislature to impose on judges 
 
 duty to assist in drawing jurors. 
 L.R.A.(N.S.) 1115. 
 
 23 
 
 Power of legislature to interfere with su- 
 perintending control over inferior tribu- 
 nals. 51 L.R.A. 111; 20 L.R.A.(N.S.) 
 946. 
 
 Power of legislature to permit appeal to 
 court to review amount of tax assess- 
 ment. 13 L.R.A.(N.S.) 716; L.R.A. 
 1915B, 875. 
 
 May judges of municipal or police ourts 
 be vested or burdened with powers or | 
 duties of a nonjudicial character. 19 
 
 COURTS, II. d cont'd 
 
 Validity of statutes establishing juvenile 
 courts. 3 L.R.A.(N.S.) 564; 45 L.R.A. 
 (N.S.) 908. 
 
 ///. Relation to other departments of 
 government. 
 
 14. Generally. 
 
 Power of legislature as to courts, see supra, 
 13. 
 
 Delegation of judicial power, see CONSTI- 
 TUTIONAL LAW, V. 
 
 Delegation of power to courts, see CONSTI- 
 TUTIONAL LAW, 16. 
 
 Encroachments on judicial power, see CON- 
 STITUTIONAL LAW, 20. 
 
 Appeal to court from tax assessment, see 
 TAXES, 59c. 
 
 Review of findings of workmen's compensa- 
 tion commission, see WORKMEN'S COM- 
 PENSATION, 3. 
 
 Restriction on original jurisdiction of court 
 of last resort in mandamus case from 
 independence of co-ordinate department 
 of government. 58 L.R.A. 866. 
 
 May judges of municipal or police courts 
 be vested or burdened with powers or 
 duties of non judicial character. 19 
 L.R.A.(N.S.) 615. 
 
 Interference by with revocation of school 
 teacher's license. 15 L.R.A.(N.S.) 
 1148. 
 
 Right to appeal to court from decision of 
 railroad commission. 49 L.R.A. (N.S.) 
 565. 
 
 Conclusiveness of decisions or findings of 
 the Land Department. L.R.A.1918D, 
 597. 
 
 15. Legislative department. 
 
 Conclusiveness of enrolled bill, see STAT- 
 UTES, 12. 
 
 Power to declare act of legislature uncon- 
 stitutional. 17 L.R.A. 838. 
 
 Judicial interference with legislative power 
 to fix tolls, rates, and prices. 33 
 L.R.A. 183. 
 
 Power of judiciary to fix rates to be 
 charged by public-service corporations. 
 8 L.R.A.(N.S.) 529. 
 
 Judicial regulation of rates of irrigation 
 company. 12 L.R.A. (N.S.) 711. 
 
 Power of equity to regulate charges of pub 
 
 lie warehousemen. 
 399. 
 
 24 L.R.A.(N.S.) 
 
 Power of court to control legislative power 
 to annex territory to municipalities. 
 27 L.R.A. 739. 
 
 16. eminent domain. 
 
 Where the power rests to decide what is a 
 public use. 22 L.R.A. (N.S.) 50. 
 
 Necessity of taking particular land by em- 
 inent domain, as a judicial question. 
 11 L.R.A.(N.S.) 940. 
 
 i. .1;. A. i N.S. i in:,. 
 
 trith thi* book on every laiv question. 
 
 i Judicial power over the right of eminent 
 domain. 22 L.R.A. (N.S.) 1.
 
 INDEX TO L.R.A. NOTES. 
 
 325 
 
 COURTS, III. cont'd 
 
 17. Executive department. 
 
 Power of courts to enforce ministerial duties 
 of heads of departments. 52 L.R.A. 
 (N.S.) 415. 
 
 Mandamus to members of, to restore to office 
 one who has been illegally removed. 19 
 L.R.A. (N.S.) 52. 
 
 Conclusiveness on courts of recognition of 
 Mexican government by President. 
 L.R.A.1917A, 280. 
 
 Power of court to review action of governor 
 in removing officer. 39 L.R.A. (N.S.) 
 788. 
 
 Power of court to inquire into the motives 
 of the governor in exercising the par- 
 doning power. 52 L.R.A. (N.S.) 113. 
 
 Power of courts to interfere with rulings of 
 Postoffice Department. 12 L.R.A. (N.S.) 
 366. 
 
 8 18. Municipal matters. 
 
 Municipal declaration of forfeiture of street 
 franchise or privilege for breach of con- 
 dition as a judicial determination. 4 
 L.R.A.(N.S.) 321. 
 
 IV. Jurisdiction as affected by resi- 
 dence, citizenship or territorial 
 limitations. 
 
 19. Generally. 
 
 Federal jurisdiction as affected by residence 
 or citizenship, see infra, 42, 43. 
 
 Abatement of action by pendency of action 
 in court of other state, see ABATEMENT 
 AND REVIVAL, 6. 
 
 Right of courts of one state to enforce laws 
 or causes of action arising in another 
 state, see CONFLICT OF LAWS. 
 
 Jurisdiction in divorce as affected by domi- 
 cil, residence, or place of marital of- 
 fense, see CONFLICT OF LAWS, 14. 
 
 Jurisdiction of action for death or bodily 
 harm occurring in another state, see 
 CONFLICT OF LAWS, 22. 
 
 Enforcement of penal laws of another state, 
 see CONFLICT OF LAWS, 23. 
 
 Where debt is garnishable, see GARNISH- 
 MENT, 12. 
 
 Judgments of courts of sister state, see 
 JUDGMENT, 66-73. 
 
 Discriminating against citizens of other 
 states. 14 L.R.A. 583. 
 
 Extraterritorial effect of statute limiting 
 jurisdiction in which action may be 
 brought. L.R.A.1916D, 688. 
 
 Liability of soldiers' home to garnishment 
 in state courts. 46 L.R.A. (N.S.) 301. 
 
 Liability of municipal corporation to suit 
 outside of state. L.R.A.1915F, 1025. 
 
 Where suit against heir by creditor of es- 
 tate which has been distributed before 
 claim accrued should be brought. L.R.A. 
 1916A, 1189. 
 
 Absence from jurisdiction of person to 
 whom writ of habeas corpus is directed 
 as affecting court's authority to issue 
 writ. 4 B. R. C. 810. 
 
 Necessity of exhaustion of remedy as to 
 property situate beyond jurisdiction as 
 condition precedent to creditors' bill. 
 23 L.R.A. (N.S.) 88. 
 
 Consult also L.R.A. Digests of Cases. 
 
 COURTS, IV. cont'd 
 
 Place of payment of debt as affecting juris- 
 diction to garnish same. 3 L.R.A. 
 (N.S.) 608; 20 L.R.A. (N.S.) 264. 
 
 Jurisdiction to award custody of child tem- 
 porarily within the state but domiciled 
 elsewhere. 10 L.R.A. (N.S.) 690. 
 
 Right to sue executor or administrator on 
 his bond in a state other than that of 
 his appointment. 35 L.R.A. ( N.S. ) 334, 
 
 Effect of qualification of personal repre- 
 sentatives within state, other than the 
 domicil of the deceased, to give court 
 jurisdiction as to assets in another 
 state. L.R.A.1918E., 718. 
 
 View outside the territorial jurisdiction. 
 L.R.A.1917F, 984. 
 
 Power to punish contempt committed out 
 of state. L.R.A.1917E, 553. 
 
 20. Over boundary waters. 
 
 Over sea, see WATERS, 4. 
 
 Over boundary rivers or lakes, see WATEBS, 
 
 5, 6. 
 Over inland rivers, see WATERS, 7. 
 
 21. Matters a to real property. 
 
 In general; jurisdiction limited to suits in 
 personam. 69 L.R.A. 673; 23 L.R.A. 
 (N.S.) 924; 27 L.R.A. (N.S.) 420. 
 
 Conditions of jurisdiction. 69 L.R.A. 675. 
 
 Particular subjects of jurisdiction. 69 
 L.R.A. 678; 23 L.R.A. (N.S.) 924; 27 
 L.R.A.(N.S.) 420. 
 
 Form of relief; effect and enforcement 01 
 decree. 69 L.R.A. 694. 
 
 Jurisdiction to enjoin acts with respect to 
 real property in another state. .? 
 L.R.A. (N.S.) 114. 
 
 May jurisdiction of suit to quiet title or 
 remove cloud on title of land within 
 the territorial jurisdiction rest upon 
 constructive service of process against 
 a nonresident. 29 L.R.A. (N.S.) 625. 
 
 May jurisdiction of suit for specific perform- 
 ance of a contract for the conveyance 
 of land within the territorial jurisdic- 
 tion rest upon constructive service of 
 process against a nonresident. 23 
 L.R.A. (N.S.) 1135. 
 
 May jurisdiction of suit to determine the 
 interests of partners or cotenants in 
 real property within state, rest upon 
 constructive service upon nonresident. 
 52 L.R.A. (N.S.) 1061. 
 
 Action for damages for breach of con- 
 tract, or for tort concerning realty in 
 another state or country. 26 L.R.A. 
 (N.S.) 928; 44 L.R.A. (N.S.) 267. 
 
 Right to maintain action for conversion of 
 timber, crops, buildings, etc., taken 
 from land in another state or countrv. 
 34 L.R.A.(N.S.) 994. 
 
 22. foreclosure suit. 
 
 Foreclosure oi mortgage upon land in an- 
 other state. 69 L.R.A. 682; 4 L.R.A. 
 (N.S.) 986. 
 
 Jurisdiction to order foreclosure sale of 
 railroad in different states. 32 L.R.A. 
 208; 69 L.R.A. 682.
 
 326 
 
 INDEX TO L.R.A. NOTES. 
 
 COURTS, IV. cont'd 
 
 g 2;?. Ovrr foreign corporation. 
 
 .luri-dietion of IVdnal court, see infra, 
 
 VII. .1. -2. 
 Kight to enforce stockholder's liability out- 
 
 side ..I Mate ni' mi uiporation, see COB- 
 
 I-ORATIONS, 8 1'21. 
 
 Higlit of nom.Mdent to sue foreign, corpora- 
 tion. 7d L.R.A. 513. 
 
 rower o,f court to compel a foreign' corpora- 
 tion to register transfers of S^OCK. 3 
 L.U.A.(N.S.) 551. 
 
 Enforccability in court of another state of 
 a contract made by a. foreign corpora- 
 tion which had not complied with the 
 conditions of doing business within the 
 state. -2(> L.R.A. (N.S.) 999. 
 
 Locus of cause or subject of actioji as af- 
 fecting jurisdiction of action by nonres- 
 ident against foreign corporation. 70 
 L.IJ.A. 543. 
 
 Fact that foreign corporation has an agent 
 to solicit business or to receive and 
 transmit orders as rendering it subject 
 to suit in local courts. 6 B. R. C. 808. 
 
 24. locality of jurisdiction of state 
 court over. 
 
 Generally. 70 L.R.A. 692. 
 
 Jurisdiction coextensive with the state. 70 
 
 L.R.A. 692. 
 Constructive domestic residence. 70 L.R.A. 
 
 693. 
 Counties in which railroads extend. 70 
 
 L.R.A. 696. 
 Venue determined by doing business. 70 
 
 L.R.A. 696. 
 
 Resident agent. 70 L.R.A. 697. 
 Place of origin of the cause or situation 
 of the subject of the action. 70 
 L.R.A. 699. 
 
 When the foreign corporation is not sole de- 
 fendant. 70 L.R.A. 701. 
 Effect of appearance and waiver. 70 L.R.A. 
 
 701. 
 
 Federal corporations. 70 L.R.A. 702. 
 Counties where plaintiff resides. 70 L.R.A. 
 
 70-2. 
 
 Plaintiff's choice. 70 L.R.A. 702. 
 Courts of limited jurisdiction. 70 L.R.A. 
 
 702. 
 Constitutionality of venue statutes. 70 
 
 L.R.A. 703." 
 Construction of venue statutes. 70 L.R.A. 
 
 703. 
 
 8 25. Over crime-. 
 
 Locality of crimes committed by shooting or 
 striking across state boundary. 28 
 L.R.A. 59. 
 
 Turiadiction of homicide where mortal 
 wound is inflicted in one state or coun- 
 try and death occurs in another. 39 
 L.R.A.(N.S.) 822. 
 
 Locality of crime committed through the 
 agency of the mails or of carriers. 19 
 L.R.A. 775. 
 
 Jurisdiction to punish crimes committed by 
 or against Indians. 21 L.R.A. 169; 
 L.R.A.1915F, 587. 
 
 ttith this Junto on every law question. 
 
 COURTS, IV. cont'd 
 
 Absence of accused from territorial juris- 
 diction at time of offense as affecting 
 jurisdiction. 33 L.R.A. (N.S.) 331. 
 
 Prosecution for larceny of one who receives 
 or sells within the state property actu- 
 ally stolen with his connivance by an- 
 other in another state. 42 L.R.A. (N.S. ) 
 207, 
 
 Offense of desertion or failure to provide 
 for wife or family as affected by resi- 
 dence of parties. 47 I,.!!. A. (N.S.) 220. 
 
 Locality of offense of criminal libel. 49 
 L.R.A.(N.S.) 941. 
 
 20. Suit against foreign sovereign. 
 
 Jurisdiction of suit against foreign sover- 
 eign. 16 L.R.A. (N.S.) 276. 
 
 V. Jurisdiction as affected by amount 
 
 involved. 
 
 27. Generally. 
 
 In injunction suit, see INJUNCTION, 81. 
 
 Injunction against judgment for matters 
 as to amount. 31 L.R.A. 203. 
 
 Amount in dispute in case of injunction 
 against enforcement of liena or claims 
 against specific property. 61 L.R.A. 
 781. 
 
 Is amount of attorney's fee expressly stip- 
 ulated for to be included in computing 
 amount involved, for purpose of ascer- 
 taining jurisdiction. 27 L.R.A. (N.S.) 
 157; 49 L.R.A.(N.S.) 600. 
 
 28. Effect of counterclaim in amount 
 in excess of jurisdiction. 
 
 In court of original jurisdiction. 37 L.R.A. 
 
 (N.S.) 607. 
 In appellate court. 37 L.R.A. (N.S.) 616. 
 
 29. Voluntary credits to bring debt 
 within jurisdictional amount. 
 
 The rule permitting remission. 28 L.R.A. 
 
 222. 
 The rule as affected bv the character of the 
 
 claim. 28 L*R.A. 223. 
 Remission of interest. 28 L.R.A. 225. 
 Rule denying the right to remit. 28 L.R.A. 
 
 226.* 
 What constitutes a remission. 28 L.R.A. 
 
 228. 
 When made. 28 L.R.A. 229. 
 
 VI. Original jurisdiction of court of 
 last resort; superintending control. 
 
 30. Superintending control and su- 
 pervisory jurisdiction over inferior 
 courts. 
 
 Generally. 51 L.R.A. 33; 20 L.R.A.(N.S.) 
 
 942. 
 
 Inherent power of supervisory or superin- 
 tending control over inferior tribu- 
 nals. 51 L.R.A. 34. 
 
 Constitutional and statutory grants of su- 
 perintending control, general super- 
 vision, etc. 51 L.R.A. 37; 20 L.R.A. 
 (N.S.) 943.
 
 INDEX TO L.R.A. NOTES 
 
 327 
 
 COURTS, VI. cont'd 
 
 In states which have no express constitu- 
 tional or statutory grants of power. 51 
 
 L.R.A. 74. 
 In, courts of the United States. 51 L.R.A. 
 
 103; 20 L.R.A.(N.S.) 945. 
 Where the application to correct should be 
 first made. 51 L.R.A. 107; 20 
 L.R.A.(X.S.) 946. 
 
 When the power is exercised without des- 
 ignating it as such. 51 L.R.A. 107. 
 Use in place of appeal or other remedy. 51 
 
 L.R.A. 109; 20 L.R.A.(N.S.) 949/ 
 For what purposes exercised. 51 L.R.A. 109. 
 Power of legislature to interfere. 51 L.R.A. 
 
 Ill; 20 L.R.A. (N.S.) 946. 
 Exercise of the power by courts of local 
 
 jurisdiction. 51 L.R.A. 111. 
 Over what courts or jurisdictions power may 
 
 be exercised. 20 L.R.A. (N.S.) 947. 
 Mode in which power may be exercised. 20 
 
 L.R.A.(N.S.) 947. 
 Policy governing its exercise. 20 L.R.A. 
 
 (N.S.) 948. 
 Occasions for its exercise. 20 L.R.A. (N.S.) 
 
 949. 
 Exclusiveness of jurisdiction of court of 
 
 last resort to issue remedial writs for 
 
 prerogative purposes. 13 L.R.A. (N.S.) 
 
 769. 
 Superintending control of civil courts over 
 
 courts-martial. 20 L.R.A. (N.S.) 413. 
 
 31. Original jurisdiction in manda- 
 mus cases. 
 
 In general. 58 L.R.A. 833; 38 L.R.A.(N.S.) 
 
 1000. 
 What constitutes original jurisdiction. 58 
 
 L.R.A. 833. 
 
 Origin and nature. 58 L.R.A. 834. 
 Method of conferring and extent of. 58 
 
 L.R.A. 836. 
 Restrictions and limitations on jurisdiction. 
 
 58 L.R.A. 855; 38 L.R.A.(N.S.) 
 
 1000. 
 
 VII. Various particular tribunals, 
 a. In general. 
 
 32. Generally. 
 
 Collusiveness of decisions of tribunals of 
 corporations and associations, see 
 supra, 11, 12. 
 
 As to juvenile court, see JUVENILE COUBTS. 
 
 Jurisdiction and powers of consuls. 45 
 
 L.R.A. 481. 
 Jurisdiction of ecclesiastical tribunals. 49 
 
 L.R.A. 390. 
 
 >. State courts. 
 
 33. Generally. 
 
 Jurisdiction generally, see supra, II. 
 
 Jurisdiction as affected by residence, citizen- 
 ship, or territorial limitations, see 
 supra, IV. 
 
 Consult also L.R.A. Digests of Cases. 
 
 COURTS, VII. b cont'd 
 
 Locality of jurisdiction of state court over 
 
 foreign corporation, see supra, 24. 
 Jurisdiction as affected by amount involved, 
 
 see supra, V. 
 Original jurisdiction, and superintending 
 
 control, see supra, VI. 
 
 Concurring jurisdiction of state and Fed- 
 eral courts, see infra, 52-54. 
 Power and jurisdiction of state courts as to 
 
 Federal matters, see infra, 54. 
 State courts following Federal decisions, 
 
 see infra, 57. 
 Federal courts following state decisions, see 
 
 infra, 58. 
 Locality 'of jurisdiction of state court over 
 
 foreign corporation, see supra, 24. 
 Jurisdiction of United States Supreme Court 
 
 to review judgments of, see APPEAL AND 
 
 EBEOB, 4. 
 Removal of cause from, see REMOVAL OF 
 
 CAUSES. 
 
 Admissibility in evidence in, of copies of 
 Federal records. 5 L.R.A. (N.S.) 947. 
 
 Change of decision of state court as an im- 
 pairment of contract. 16 L.R.A. 646. 
 
 Jurisdiction of criminal actions against con- 
 suls. 45 L.R.A. 584. 
 
 Jurisdiction of civil actions against con- 
 suls. 45 L.R.A. 582. 
 
 Jurisdiction of state court of action by car- 
 rier to recover difference between rate 
 charged on interstate shipment and 
 proper rate. 49 L.R.A. (N.S.) 99. 
 
 34. Courts of probate jurisdiction. 
 
 Jurisdiction to admit to probate will not 
 probated at testator's domicil. 33 
 L.R.A.(N.S.) 658. 
 
 Notice of distribution in probate* proceed- 
 ings as jurisdictional. 37 L.R.A. (N.S.) 
 368. 
 
 Right of representative of decedent's estate 
 to interplead claimants as affected by 
 exclusiveness of surrogate's jurisdiction. 
 37 L.R.A. (N.S.) 986. 
 
 Power to dismiss proceedings. 2 L.R.A. 
 644. 
 
 Power to authorize lease of infant's lands 
 beyond his minority or the guardian- 
 ship. L.R.A.1916F, 500. 
 
 Power to elect against will on behalf of 
 insane widow. 17 L.R.A. 297: 35 
 L.R.A.(N.S.) 1210; 49 KR.A.(N.S.) 
 1108. 
 
 c. Territorial courts. 
 
 35. Generally. 
 
 A.dmissibility in evidence in, of copies of 
 records from other tribunals. 5 L.R.A. 
 (N.S.) 948. 
 
 Removal of criminal cases from territorial 
 courts. 53 L.R.A. 581. 
 
 35a. Jurisdiction of. 
 
 Jurisdiction to punish crimes committed by 
 or against Indians. 21 L.R.A. 173.
 
 and 
 
 328 
 
 COURTS, VII. cont'd 
 d. Fetlrrnl 
 
 1. In general. 
 
 g 36. Generally. 
 
 Conflict of authority between state 
 
 Federal courts, see infra, IX. 
 State courts following Federal decisions, see 
 
 infra, 57. 
 Federal courts following state decisions, see 
 
 infra, 58. 
 
 Lien of judgment of, see JUDGMENT, 59. 
 Removal of action to, see REMOVAL OF 
 
 CAUSES. 
 
 Adoption of common law in. 22 L.R.A. 
 
 506. 
 Sustaining, in Federal court, in bankruptcy 
 
 case, equitable rights of wife which 
 
 were not recognized by local law. 1 
 
 L.R.A.(N.S.) 321. 
 Superintending control over inferior tribu- 
 
 nals. 20 L.R.A.(N.S.) 945. 
 Serving process of Federal courts on foreign 
 
 corporations. 23 L.R.A. 501. 
 Admissibility in evidence in, of copies of 
 
 records of other states. 5 L.R.A. ( X.S. ) 
 
 944. 
 What entry or record is necessary in, for 
 
 purposes of appeal. 28 L.R.A. 627. 
 Review of decision of, by supreme court on 
 
 certiorari. 50 L.R.A. 801. 
 Lien of judgment of Federal court. 47 
 
 L.R.A. 469. 
 Power of Federal courts to enforce minis- 
 
 terial duties of state officers. 52 L.R.A. 
 
 (N.S.) 434. 
 
 36a. Adoption by Federal courts of 
 remedies created by state statutes. 
 
 Preservation of equity jurisdiction. 18 
 
 L.R.A. 266. 
 Enlargement of equitable remedies. 18 
 
 L.R.A. 266. 
 Limitation or enlargement of equity powers 
 
 18 L.R.A. 267. 
 
 Extending legal remedies. 18 L.R.A. 268. 
 Limiting equitable jurisdiction. 18 L.R A 
 
 269. 
 
 2. Jurisdiction. 
 
 8 37. Generally. 
 
 Concurring and conflicting jurisdiction of 
 
 state and Federal courts, see infra, 
 
 IX. 
 Jurisdiction of national banks, see BANKS, 
 
 48. 
 Jurisdiction on habeas corpus, see HABEAS 
 
 CORPUS, 2. 
 
 Effect of state statutes on Federal jurisdic- 
 
 tion of suit to remove cloud on title 
 
 12 L.R. A. (XX) 76. 
 Jurisdiction of civil actions against con- 
 
 suls. 45 L.R.A. 580. 
 Jurisdiction of criminal actions against 
 
 consuls. 45 L.R.A. 584. 
 Extending legal remedies of Federal courts 
 
 by state statutes. 18 L.R.A. 268. 
 
 INDEX TO L.R.A. XOTES. 
 
 Begin with this book on every law question. 
 
 COURTS, VII. d, 2 cont'd 
 
 Authority of Congress to abridge power of 
 Federal courts to punish for contempt. 
 36 L.R.A. 258. 
 
 Jurisdiction of actions under Federal em- 
 ployers' liability act. 47 L.R.A. (N.S. ) 
 67; L.R.A. 1915C, 75. 
 
 Jurisdiction of Federal court of action by 
 interstate carrier to recover under- 
 charges. 49 L.R.A. (X.S.) 99. 
 
 38. Equity jurisdiction. 
 
 Adoption of remedies created by state stat- 
 utes affecting, see supra, 36a. 
 
 Jurisdiction of Federal courts to enjoin exe- 
 cution sales or other proceedings under 
 final process. 30 L.R.A. 133. 
 
 Availability in Federal courts of statutory 
 remedies limiting or enlarging equity 
 powers. 18 L.R.A. 266. 
 
 Effect of state legislation to extend equity 
 jurisdiction. 18 L.R.A. 268. 
 
 Effect of state legislation to limit, or re- 
 strain equity jurisdiction. 18 L.R.A. 
 269. 
 
 39. Federal questions. 
 
 Power and jurisdiction of state court with 
 reference to Federal matters, see infra r 
 54. 
 
 In patent cases, see PATENTS. 5. 
 
 Jurisdiction of United States Supivino 
 Court in action against national bank 
 to recover penalty for taking usurious 
 interest. 56 L.R.A. 680. 
 
 Questions as to national banks as Federal 
 questions. 62 L.R.A. 536. 
 
 40. Over corporations. 
 
 As dependent on citizenship of, see infra, 
 43. 
 
 Enforcement of stockholder's liability out- 
 side of state in Federal courts. 34 
 L.R.A. 761. 
 
 Enforceability in Federal court of a con- 
 tract made by a foreign corporation 
 which had not complied with conditions 
 of doing business within the state. 2& 
 L.R.A. (N.S.) 999. 
 
 Conditions against foreign coporation in- 
 voking Federal jurisdiction. 24 L.R.A., 
 294. 
 
 41. Of action by assignee. 
 
 Suit by assignee of chose in action. 1 
 L.R.A. 817;* 12 L.R.A. 681.* 
 
 When assignee of chose in action may sue 
 in United States circuit court. 2" 
 L.R.A. 746.* 
 
 42. As dependent on citizenship. 
 
 Right of citizen of District of Columbia to 
 maintain suit in circuit court on the 
 ground of diverse citizenship. 1 L.E.A. 
 108.* 
 
 Necessity of diversity in citizenship at time 
 suit brought. \ L.R.A. 108.*
 
 INDEX TO L.R.A. NOTES. 
 
 COURTS, VII. d, 2 cont'd 
 43. of corporations. 
 
 Citizenship of corporation, for purposes of 
 Federal jurisdiction, in state other 
 than that where created. 14 L.R.A. 
 184. 
 
 44. Over crimes by or against In- 
 dians. 
 
 See INDIANS, 2. 
 
 e. Court of claims. 
 
 45. Generally. 
 
 Act creating. 2 L.R.A. 572.* 
 Jurisdiction, practice, and procedure. 3 
 L.R.A. 463.* 
 
 VIII. Time; terms; vacation. 
 
 46. Generally. 
 
 Delay of prosecution caused by failure to 
 
 hold court, as ground for discharge of 
 
 accused. 56 L.R.A. 530. 
 Extension of time for court proceedings 
 
 when last day falls on Sunday. 14 
 
 L.R.A. 122. 
 Sitting on holidays. 19 L.R.A. 317. 
 
 47. Vacation. 
 
 Personal liability of executor or adminis- 
 trator to distributees for interest where 
 settlement of estate is delayed by va- 
 cation of court. 31 L.R.A. (N.S.) 359. 
 
 Entry of nunc pro tune judgments in. 20 
 L.R.A. 147. 
 
 IX. Concurring and conflicting juris- 
 diction; relation of state to Federal. 
 
 a. In general. 
 
 48. Generally. 
 
 Jurisdiction and determination of suits for 
 adjustment of rights between part own- 
 ers of ship. L.R.A.1917A, 1108. 
 
 Concurrent jurisdiction over boundary 
 rivers. 65 L.R.A. 964. 
 
 Conflicting authority in drainage proceed- 
 ings. 60 L.R.A. 175. 
 
 Conflict of jurisdiction as to garnishment of 
 debt. 67 L.R.A. 220. 
 
 Exclusiveness of jurisdiction of court of 
 last resort to issue remedial writs for 
 prerogative purposes. 13 L.R.A. (N.S.) 
 769. 
 
 Superintending control of civil courts over 
 courts-martial. 20 L.R.A. (N.S.) 413. 
 
 Concurrent jurisdiction over offense under 
 municipal ordinance and state statute. 
 17 L.R.A.(N.S.) 57. 
 
 49. Exclusiveness of jurisdiction 
 first acquired. 
 
 Between state and Federal courts, see infra, 
 53. 
 
 50. where receiver has been ap- 
 pointed. 
 
 As between a receiver and an assignee in 
 
 bankruptcy. 20 L.R.A. 391. 
 Consult also L.R.A. Digests of Cases. 
 
 COURTS, IX. a cont'd 
 
 As to property that is outside of the juris- 
 diction of the court appointing a re- 
 ceiver. 20 L.R.A. 392. 
 
 As to right of possession between the re-; 
 ceiver and a creditor levying an execu- 
 tion or attachment on the property. 
 20 L.R.A. 392. 
 
 As to receiver's right of possession as af- 
 fected by the time of appointment, giv- 
 ing bond, and taking possession. 20 
 L.R.A. 393. 
 
 As to questions between state and Federal 
 courts. 20 L.R.A. 393. 
 
 As to the effect of an appeal. 20 L.R.A. 
 395. 
 
 Effect of order to turn back the property 
 after appeal from appointment of re- 
 ceiver upon right of other courts to 
 exercise jurisdiction over it. 15 L.R.A. 
 (N.S.) 963. 
 
 Effect of appeal from order appointing re- 
 ceiver of corporation to enable a court 
 of concurrent jurisdiction to take ju- 
 risdiction. 22 L.R.A.(N.S.) 316. 
 
 Effect of attachment of real estate to de- 
 feat right of receiver subsequently ap- 
 pointed by another court, to possession. 
 3 L.R.A. (N.S.) 1073. 
 
 What court has jurisdiction to fix attor- 
 neys' fees for services in suit by or 
 against receiver. L.R.A.1915F, 1219. 
 
 51. Interference with other courts; 
 injunction. 
 
 Injunction against suit in foreign juris- 
 diction. 21 L.R.A. 71. 
 
 Right to enjoin prosecution of collusive suit 
 in court of co-ordinate jurisdiction. 11 
 L.R.A. (N.S.) 581. 
 
 Garnishment of judgment in another court 
 of the state in which it was rendered. 
 L.R.A.1917D, 1139. 
 
 6. State and Federal courts. 
 
 52. Generally. 
 
 Jurisdiction of Federal courts generally, gee 
 supra, VII. d, 2. 
 
 Pendency of actions in both state and Fed- 
 eral courts sitting in same state. 42 
 L.R.A. 449. 
 
 Jurisdiction of estate of inmate of Federal 
 home or institution. 39 L.R.A. (N.S.) 
 586. 
 
 May a state court protect an inchoate in- 
 terest in real property under an at- 
 tachment in a suit pending in a Fed- 
 eral court, or vice versa. 6 L.R.A. 
 (N.S.) 624. 
 
 Power of Federal court to enforce its own 
 judgment against a decedent's estate. 
 12 L.R.A. (N.S.) 154. 
 
 Privilege of suitor or witness in Federal 
 court from arrest or service of sum- 
 mons out of state court. 22 L.R.A. 
 (N.S.) 992. 
 
 Jurisdiction to enjoin execution sales or 
 other proceedings under final process. 
 30 L.R.A. 133.
 
 330 
 
 INDEX TO L.R.A. NOTES. 
 
 COURTS, IX. b cont'd 
 53. Exclusiveness of Jurisdiction 
 first acquired. 
 
 Is state court's jurisdiction of creditor's 
 attack on preference ousted by bank- 
 ruptcy proceedings commenced more 
 than four months after preference. 28 
 L.R.A.(N.S.) 363. 
 
 Exclusiveness of jurisdiction by appoint- 
 ment of receiver as between state and 
 Federal courts. 20 L.R.A. 393. 
 
 54. Power and Jurisdiction of state 
 court with respect to Federal mat- 
 ters. 
 
 Administration of Federal laws in state 
 courts. 48 L.R.A. 33. 
 
 Power of state court to enforce right under 
 Federal employer's liability act. 40 
 L.R.A.(N.S.) 684; 47 L.R.A.(N.S.) 72; 
 L.R.A.1915C, 75; L.R.A.1918E, 917. 
 
 Jurisdiction to punish crimes committed by 
 or against Indians. 21 L.R.A. 169; 
 L.RJL1915F, 587. 
 
 Jurisdiction of state court to enforce for- 
 feiture of interest provided by national 
 banking act. 56 L.R.A. 688. 
 
 Jurisdiction of state court over action to re- 
 cover from national bank twice the 
 amount of usurious interest paid to it. 
 56 L.R.A. 690. 
 
 State jurisdiction over lands of the United 
 States within the state. 17 L.R.A. 720. 
 
 With respect to naturalization. 30 L.R.A. 
 761. 
 
 Power of state court to pass on inter- 
 state rates. 28 L.R.A. (N.S.) 108. 
 
 Power of state court to review rulings 
 of Interstate Commerce Commission. 
 L.R.A.1917E, 919. 
 
 X. Rules of decision. 
 
 55. Generally. 
 
 Effect and conclusiveness of decision on ap- 
 peal, see APPEAL AND ERROR, 43, 44. 
 
 \\Vijrht of decisions of common-law courts 
 as to what contracts will support mari- 
 time lien. 70 L.R.A. 358. 
 
 Conclusiveness of prior decisions on appeal 
 as to effect of dicta. 34 L.R.A. 344. 
 
 56. Following decisions of courts of 
 other state. 
 
 Binding effect of decisions of state supreme 
 courts on courts of other states. 5 
 L.R.A. 512.* 
 
 67. State courts following: Federal 
 decisions. 
 
 State courts following Federal decisions in 
 construing statute to impose penalty 
 on national banks for taking illegal 
 interest. 56 L.R.A. 677. 
 
 58. Federal courts following state 
 decisions. 
 
 Federal courts following state decisions as 
 to construction and effect of statutes in 
 relation to state courts. 40 L.R.A. 
 (N.S.) 447. 
 
 COURTS, X. cont'd 
 
 Questions of state law as to which the de- 
 cisions of the highest state court 
 must be followed in actions origi- 
 nating in, or removed to, the Fed- 
 eral courts. 40 L.R.A.(X.S.) 380. 
 State decisions as to validity of contract 
 exempting railroad company from lia- 
 bility for burning of building upon its 
 right of way. 44 L.R.A. (N.S.) 1129. 
 Controlling effect of decisions of state court 
 affecting validity of bonds of public 
 corporation where estoppel to deny va- 
 lidity is set up. L.R.A.1915A, 981. 
 
 59. Stare decisis. 
 
 Doctrine of stare decisis in exercise of ju- 
 dicial power over right of eminent do- 
 main. 22 L.R.A. (N.S.) 95. 
 
 Construction of penal statute as rule of 
 personal liberty. 12 L.R.A.(N.S.) 
 1081. 
 
 Effect of change of judicial decision to im- 
 pair the obligation of a contract. 1& 
 L.R.A. 646; 5 L.R.A.(N.S.) 860; 23 
 L.R.A.(N.S.) 500. 
 
 COURTS-MARTIAL. 
 
 Civil responsibility of members of. L.R.A. 
 1915A, 1170. 
 
 Right of member of, to maintain action for 
 libel or slander based on charges against 
 court generally. 23 L.R.A.(N.S.) 728, 
 
 Continuance of constitutional guaranties 
 during war or insurrection. 45 L.R.A. 
 (N. S.) 996. 
 
 Superintending control of civil courts over 
 courts-martial. 20 L.R.A. (N.S.) 413. 
 
 Right to convict for same offense in both 
 civil courts and courts-martial. 31 
 L.R.A.(N.S.) 710. 
 
 Are state militias subject to the articles of 
 war of the United States. 40 L.R.A. 
 (N.S.) 354. 
 
 Right of minor unlawfully enlisted in Army 
 or Navy to discharge on habeas corpus 
 from custody of court-martial under 
 charge of desertion or fraudulent en- 
 listment. 18 L.R.A. (N.S.) 956; L.R.A. 
 1917D, 105'9. 
 
 Court-martial of one violating Selective 
 Service Act of May 18, 1917. L.R.A. 
 1918E, 1025. 
 
 COUSINS. 
 
 Insnrable interest in cousin's life. 54 L.R.A. 
 (N.S.) 233; 14 L.R.A. (N.S.) 1172. 
 
 Implied agreement to pay for services ren- 
 dered to. 11 L.R.A. (N.S.) 880. 
 
 Measure of damages for negligent death of. 
 17 L.R.A. 77. 
 
 Begin iHth this booh on every law question. 
 
 Division of rights in, between riparian own 
 ers. 21 L.R.A. 776.
 
 INDEX TO L.R.A. NOTES. 
 
 331 
 
 COVENANTS. 
 
 J. In general, 1. 
 II. Construction ; validity; effect, 
 
 2-15. 
 
 III. Performance; breach; enforce- 
 ment; who liable, 16-33. 
 
 a. In general, 16-2O. 
 
 b. Restrictive covenants and con- 
 
 ditions, 21-25. 
 
 c. Covenants of seisin and of 
 
 right to convey, 26, 27. 
 
 d. Covenants against encum- 
 
 brances, 28-3O. 
 
 e. Covenants of Tvarranty and for 
 
 quiet enjoyment, 31-33. 
 
 I. In general. 
 
 1. Generally. 
 
 As to reservations and exceptions, see 
 
 DEEDS, 24-27. 
 In lease, see LANDLORD AND TENANT, 
 
 15-22. 
 
 Implied or ostensible authority of an agent 
 to bind his principal by covenants in 
 the sale of real property. L.R.A.1917F, 
 954. 
 
 Registration of covenant under the Torrens 
 Law. L.R.A.1916D, 79. 
 
 Covenants on division of building by sale of 
 part thereof. 38 L.R.A. (N.S.) 706. : 
 
 Effect of alteration of deed after delivery 
 upon covenants. 32 L.R.A. (N.S.) 288; 
 L.R.A.1918B, 490. 
 
 Jurisdiction of action of covenant in re- 
 lation to land in another state or 
 country. 26 L.R.A. (N.S.) 928; 44 
 L.R.A.(N.S.) 267. 
 
 II. Construction; validity; effect. 
 
 2. Generally. 
 
 Agkinst engaging in rival business, see CON- 
 TRACTS, 107-109, 117, 118. 
 Estoppel by, see ESTOPPEL, 3-5. 
 Covenant of title on sale of chattels, see 
 
 SALE, 28. 
 
 AdmissiJbility of parol evidence to affect 
 scope of. L.R.A.1916E, 221. 
 
 Law governing covenant in deed or mort- 
 gage of real property. 17 L.R.A. (N.S.) 
 1094; L.R.A.1916A, 1027. 
 
 In grant of water power. 67 L.R.A. 401. 
 
 In deed poll. 23 L.R.A. 396. 
 
 Dependent and independent covenants as af- 
 fecting right to rescind or abandon con- 
 tract for other party's default. 30 
 L.R.A. 34. 
 
 Right of mortgagee to benefit of insurance 
 where mortgage contained a covenant 
 to insure. 25 L.R.A. 305. 
 
 How far is tide land within protection of 
 covenants in deed. 62 L.R.A. 763. 
 
 Covenants on division of building by sale 
 of part thereof. 38 L.R.A. (N.S.) 706. 
 
 Consult also L.R.A. Digests of Cases. 
 
 COVENANTS, II. cont'd 
 
 Covenants in deed of land held adversely. 
 35 L.R.A. (N.S.) 739. 
 
 Provision directing particular purposes to 
 which property granted for benefit of 
 religious or charitable organization 
 shall be devoted as creating a cove- 
 nant. 7 L.R.A. (N.S.) 1122. 
 
 Do eminent domain proceedings secure title 
 "through or under" the former owner 
 within meaning of covenant. 9 L.R.A. 
 (N.S.) 1092. 
 
 Liability of covenantor in conveyance of 
 real property for expenses, of successful 
 defense. 39 L.R.A. (N.S.) 67. 
 
 3. Implied covenants. 
 
 In lease, see LANDLORD AND TENANT, 21. 
 
 Effect of lines or other indications on re- 
 corded plat, to create an implied cove- 
 nant. L.R.A.1917A, 458. 
 
 Implied building restrictions as to parcels 
 retained , by the grantor. 45 L-R-A. 
 (N.S.) 962. 
 
 Recitals in a deed as basis of implied cove- 
 nants of title. 18 L.R.A. 343. 
 
 Implied covenant of title on sale of chat- 
 tels, as protection against outstanding 
 encumbrances. 16 L.R.A. ( N.S.) j 410. 
 
 Right of grantee to claim implied covenant, 
 as against the grantor, by a call in the 
 deed for a street or alley in which the 
 grantor owns the fee. 14 L.R.A. (N.S.) 
 878. 
 
 Bounding land on street or alley as cove- 
 1 nant that the street or alley exists, 
 where grantor does not own the fee 
 thereof. 10 L.R.A. (N.S.) 964. . 
 
 4. not to sue. 
 
 Effect of covenant not to sue one joint tort 
 feasor as a release of other. 24 L.R.A- 
 (N.S.) 451. 
 
 Release of one joint tort feasor as cove- 
 nant not to sue others, 58 L.R.A. 299. 
 
 5. Restricting use of property. 
 
 Enforcement, breach and its effect, see infra, 
 21-25. 
 
 Validity of statute providing for removal of 
 covenant restrictions on use of land. 
 L.R.A.1918B, 61. 
 
 Effect of language in deed indicating use 
 or purpose for which land is conveyed. 
 L.R.A.1918B, 696. 
 
 Effect of lines or other indications on re- 
 corded plat to create an implied cove- 
 nant. L.R.A.1917A, 458. 
 
 Oral or implied building restrictions as to 
 parcels retained by the grantor. 45 
 L.R.A.(N.S.) 962. 
 
 Condition in deed that land is to be usd 
 for a specified charitable, public, 
 or quasi-public purpose. 19 L.R.A. 
 262. 
 
 When provision in conveyance as to erection 
 of building or other structure regarded 
 as condition subsequent. 3 L.R.A. ( Jii . 
 S.) 741; 23 L.R.A. (N.S.I 771.
 
 332 
 
 INDEX TO L.R.A. NOTES. 
 
 COVENANTS, II. oonfd 
 
 Provision in conveyance directing particular 
 mode to which property granted or de- 
 vised to or for l>enelit "I" religious or 
 charitable or;ni/.ation shall be devoted 
 renting a condition. 7 L.R.A. 
 (N.S.) 1121. 
 
 e. validity. 
 
 Validity of n-t fiction in a deed as to use 
 pf property reserved for purpose of se- 
 euring monopoly to the grantor. 14 
 L.R.A.(N.S.) 909, L.R.A.1915A, 679. 
 
 Validity and uforccability ot covenant 
 \\hicn dfscriminates against persons be- 
 canse of race, color or religion. L.R.A. 
 1916B, 1208. 
 
 8 7. construction and effect. 
 
 Construction and effect of general restrict- 
 ive covenant against the use of real 
 property for purpose offensive or detri- 
 mental to the neighborhood. 9 L.R.A. 
 (N.S.) 1039. 
 
 Effect of recorded agreement, not incorporat- 
 ed in a conveyance, restricting use of 
 property, upon successor in title. 15 
 L.R.A.(N.S.) 1129. 
 
 Effect of unrecorded agreement, not incor- 
 porated in a conveyance, restricting use 
 of property, upon successor to title. 
 49 L.R.A.(N.S.) 357. 
 
 Effect of n-.- tr i ct ions on use of property on 
 marketability of title. 38 L.R.A. 
 (N.S.) 34. 
 
 7a. Restricting disposition of prop- 
 erty. 
 
 Validity and effect of provision in deed that 
 the grantee shall not sell in the lifetime 
 of the grantor. L.R.A.1916D, 930. 
 
 8. Of seisin. 
 
 Enforcement and breach, see infra, 26, 
 27. 
 
 Parol evidence to affect scope of. L.R.A. 
 1016E, 221. 
 
 Scope and effect of covenants of seisin where 
 the granting clause merely purports to 
 convey the interest of the grantor in 
 the property. 32 L.R.A.(N.S.) 588; 
 L.R.A.1916E, 905. 
 
 8 9. To stand seised. 
 
 When may instrument otherwise ineffective 
 as a conveyance of real property be up- 
 held as a covenant to stand seised to 
 uses. 38 L.R.A. (N.S.) 937. 
 
 "10. Atmi list encumbrances. 
 Performance and breach, see infra, 28- 
 
 *0. 
 In lease, see LANDLORD AND TENANT, 20. 
 
 Parol evidence to affect scope of. L.R.A 
 lf16E, 221. 
 
 \\ill (\.-ii:int of general warranty sustain 
 action by remote grantee evicted under 
 encumbrance, where deed also contains 
 covenants against encumbrances not 
 
 running 
 
 (N.S.i 
 
 with the land. 26 L.R.A. 
 
 COVENANTS, II. cont'd 
 
 11. \vliat is an encumbrance. 
 
 What deemed an encumbrance. 3 L.R.A. 
 
 789.* 
 Easement as an encumbrance. 3 L.R.A. 
 
 790.* 
 
 12. For quiet enjoyment. 
 
 Enforcement and breach, see infra, 31- 
 33. 
 
 13. Of warranty. 
 
 Enforcement and breach, see infra, 31- 
 
 33. 
 Of warranty on sale of personalty, sec SALE, 
 
 26-38, 53-59, 68. 
 
 Parol evidence to affect scope of. L.R.A. 
 1916E, 221. 
 
 Recitals in deed as basis of implied cove- 
 nant of title. 18 L.R.A. 343. 
 
 Effect of warranty in partition deed. 57 
 L.R.A. 333. 
 
 Scope and effect of covenants of title where 
 the granting clause merely pur- 
 ports to convey the interest of the 
 grantor in the property. 32 L.P..A. 
 (N.S.) 588; L.R.A.1916E, 905. 
 
 Will covenant of general warranty sustain 
 action by remote grantee evicted under 
 encumbrance where deed also contains 
 covenants against encumbrance not run- 
 ning with the land. 26 L.R.A. (N.S.) 
 1094. 
 
 Effect of warranty clause in contract on fail- 
 ure of consideration as defense to ac- 
 tion on purchase money note. 39 
 L.R.A.(N.S.) 946. 
 
 Effect of covenant of warranty in deed or 
 absence thereof on right of purchaser 
 giving purchase money mortgage to set 
 up outstanding title or to acquire out- 
 standing title to defeat the mortgage. 
 L.R.A.1918B, 741, 760. 
 
 14. Covenants running with land. 
 
 Necessity of use of word "assigns" in order 
 to make covenant as to a thing not in 
 esse run with the land. 14 L.R.A. 
 (N.S.) 185; L.R.A.1917A, 127. 
 
 Covenant in grant of water power as. 67 
 L.R.A. 402. 
 
 Covenant of lessor to pay for repairs or im- 
 provements as one running with the 
 land. 4 L.R.A. (N.S.) 466. 
 
 Parol agreement as to fences as a covenant 
 running with the land. 27 L.R.A. (N. 
 S.) 229. 
 
 May covenant running with the land be 
 created by acceptance of deed poll with 
 stipulations purporting to bind grantee. 
 6 L.R.A. (N.S.) 436. 
 
 Does action for damages to real prop- 
 erty run with land. 2 L.R.A. (N.S.) 
 819. 
 
 Danger of litigation to enforce or restrain 
 violation of covenants running witli the 
 land as affecting marketability of title. 
 38 L.R.A. (N.S.) 16. 
 
 15. as to party wall. 
 
 To contribute to cost of party wall as. 66 
 
 T T> A />- r * 
 
 Il<-(/in with thi* \mnlc on event Ian- question. 
 
 L.R.A. 673.
 
 INDEX TO L.R.A. NOTES. 
 
 333 
 
 COVENANTS cont'd 
 
 ///. Performance; breacJi; enforce- 
 ment; \vho liable. 
 
 a. In general. 
 
 % 16. Generally. 
 
 Measure of damages for breach, see DAM- 
 AGES, 32-34. 
 
 Injunction against breach, see INJUNCTION, 
 9- 
 
 Failure of covenantee to give notice of pend- 
 ency of action as affecting his right to 
 rely upon an adverse judgment to show 
 breach of covenant. L.R.A.1918B, 52. 
 
 Jurisdiction of action for breach of covenant 
 concerning real property in another 
 state or county. 44 L.R.A. (N.S.) 2(57. 
 
 Enforcement in equity of agreement relat- 
 ing to, but not running with, the land. 
 3 L.R.A. (N.S.) 98. 
 
 Consideration in deed as contractual in ac- 
 tion for breach of covenant. 68 L.R.A. 
 931. 
 
 Parol evidence as to consideration of a deed 
 in action for breach of covenant. 20 
 L.R.A. 107. 
 
 Right to set off damages for breach of, on 
 mortgage foreclosure. 21 L.R.A. 324. 
 
 Breach of covenant in grant of water power. 
 . 67 L.R.A. 403. 
 
 Vendee's right to rescind executory con- 
 tract for purchase of land because of 
 vendor's breach of covenant to make im- 
 provements. 21 L.R.A. (N.S.) 823; 
 L.R.A.1917B, 403. 
 
 Remedy on covenants in deed as affecting 
 right of grantee in possession to ques- 
 tion right of grantor to collect purchase 
 money. 21 L.R.A. (N.S.) 376. 
 
 17. What constitutes a breach. 
 
 Of restrictive covenant, see infra, 22. 
 Of covenant of seisin and right to convey, 
 
 see infra, 27. 
 Of covenant against encumbrances, see infra, 
 
 29. 
 Of covenant of warranty or quiet enjoyment, 
 
 see infra, 32. 
 
 Right of third person to remove fixtures as 
 breach of a covenant in a deed of real 
 property. 35 L.R.A. (N.S.) 976. 
 
 Deficiency in quantity of property described 
 as a section or a fraction of a section 
 as breach of a covenant. 36 L.R.A. 
 (N.S.) 558. 
 
 18. Who liable. 
 
 Personal liability of executor, adminis- 
 trator, or trustee on covenant in deed 
 executed by him. 43 L.R.A. (N.S.) 377. 
 
 Liability of heirs on covenant or specialty 
 debt of ancestor. 21 L.R.A. 90. 
 
 Necessity of demand or request of covenan- 
 tor to defend in order to bind him by 
 decree against grantee. 13 L.R.A. 
 (N.S.) 732. 
 
 also T^.H.A. Digests of Cases. 
 
 COVENANTS, III. a cont'd 
 
 Liability under covenants in deed of tax of- 
 ficers or their bond for failure of tax 
 purchaser's title on account of irregu- 
 larities in procedure. 41 L.R.A. (N.S.) 
 696. 
 
 19. Who may enforce. 
 
 Restrictive covenants, see infra, 23. 
 Covenant of warranty, see infra, 33. 
 
 Right of party to antenuptial settlement 
 who is in default to enforce covenants 
 to be performed by other party. 20 
 L.R.A. (N.S.) 858. 
 
 Who is real party in interest by whom ac- 
 tion must be brought on covenant. 64 
 L.R.A. 621. 
 
 Right of remote grantee to sue for breach 
 of covenant when covenantor had nei- 
 ther title nor possession. 14 L.R.A. 
 (N.S.) 514; L.R.A.1916D, 613. 
 
 20. Forfeiture for breach. 
 
 Restrictive covenants, see infra. 24. 
 Forfeiture for breach of condition subse- 
 quent, see CONDITIONS, 7. 
 
 Equitable relief against forfeiture of es- 
 tate for breach of collateral covenants. 
 69 L.R.A. 853. 
 
 5. Restrictive covenants and conditions. 
 
 21. Generally. 
 
 Construction, validity, and effect, see supra, 
 5-7. 
 
 Breach of condition in deed that land is to 
 be used for a specified charitable, public, 
 or quasi-public, purpose. 19 L.R.A. 
 267. 
 
 Mistake as to restrictive covenant as ground 
 of relief from purchase at auction sale. 
 34 L.R.A.(N.S.) 930. 
 
 Mistake as to building restrictions as af- 
 fecting right to specific performance,. 
 15 L.R.A. (N.S.) 86. 
 
 Effect of purchaser's knowledge of, in ac- 
 tion for breach of covenant against, en- 
 cumbrances. 4 L.R.A. (N.S.) 319. 
 
 22. What constitutes a breach. 
 
 Assignment for creditors as violation of 
 covenant against assignment or sale, see 
 ASSIGNMENT FOR CREDITORS, 3. 
 
 Garage or stable as within restrictive cove- 
 nants in conveyances of real estate. 
 34 L.R.A.(N.S.) 730. 
 
 Hotel or lodging house as violation of re>- 
 strictive covenant. 41 L.R.A. (N.S.) 
 625. 
 
 Community residence as violation of re- 
 strictive covenant. 41 L.R.A. 
 (N.S.) 615. 
 
 Temporary railroad as violation of cove- 
 nant against offensive trade or business. 
 9 L.R.A. (N.S. I 1039. 
 
 Billboard as violative of restrictive cove- 
 nant as to use of premises, or Struc- 
 tures permissible thereon. 2 B. R. C. 
 434.
 
 334 
 
 INDKX TO L.K.A. .NOTES. 
 
 "VKNANTS, III. b confd 
 
 Structure designed for separate accommoda- 
 tion of more than one family as viola- 
 ting building restriction against erec- 
 tion of more than one house, or dwel- 
 ling, or some similar restriction. 1 
 B. R. C. 093. 
 
 Multiple residence structures as violation 
 of restrictive covenants. 45 L.R.A. 
 (N.S.) 726; L.R.A.1938C, 873. 
 
 What part of a structure must be beyond 
 the line to constitute a violation of a 
 building restriction. 52 L.R.A.(N.S.) 
 1044. 
 
 23. Who may enforce. 
 
 Right of persons not parties to enforce re- 
 strictive covenant or agreement as to 
 use of property. 37 L.R.A.(N.S.) 12; 
 L.R.A.1917A, 328. 
 
 Right of grantee to enforce restrictive cove- 
 nants in prior conveyances by his 
 grantor of other parcels. 37 
 L.R.A.(N.S.) 624. 
 
 24. Forfeiture for breach. 
 
 forfeiture for breach of condition as 
 manufacture or sale of liquors. 
 L.R.A. 423.* 
 
 to 
 
 25. Right to enforcement as affected 
 by change in neighborhood. 
 
 Inapplicability of doctrine in law. 28 
 
 L.R.A.(NJ5.) 707. 
 
 Change due to act or default of com- 
 plainant or his predecessor. 28 
 L.R.A.(N.S.) 707. 
 
 Change due to other causes. 28 L.R.A. 
 (N.S.) 715. 
 
 c. Covenants of seisin and of right to 
 convey. 
 
 26. Generally. 
 
 Construction, validity, and effect, see supra, 
 8. 
 
 Right of grantee in possession to question 
 grantor's right to collect purchase mon- 
 ey in case of covenant of seisin. 21 
 L.R.A.(N.S.) 391. 
 
 Accrual of cause of action for breach of 
 covenant of seisin so as to set in motion 
 statute of limitations. 17 L.R.A.(N.S.) 
 1189. 
 
 Necessity of eviction to maintenance of ac- 
 tion for breach of covenant of seisin. 
 17 L.RJMN.S.) 1178. 
 
 27. What constitutes a breach. 
 
 Kxistenoe of water right on land at time 
 
 of conveyance as breach. 36 L.R.A. 
 
 (N.S.) 314; 51 L.R.A.(N.S.) 428. 
 Existence of public highway across land at 
 
 time of conveyance as breach. 30 L.R A 
 
 (N.S.) 834; 46L.R.A.(N.S.) 619. 
 Kxistenee of private rights of way across 
 
 land at time of conveyance as breach. 
 
 30 L.R.A.(N.S.) 840; 48 L.R.A.(N.S.) 
 
 619. 
 
 COVENANTS, III. c cont'd 
 
 Existence of railroad rights of way across 
 
 land at time of conveyance as breach. 
 
 30 L.R.A.(N.S.) 843; 48 L.R.A.(N.S.) 
 
 619. 
 
 </. Covenants against encumbrances. 
 
 28. Generally. 
 
 Construction, validity, and effect, see supra, 
 10. 
 
 Measure of damages for breach of cove- 
 nant, see DAMAGES, 34. 
 
 Damages for breach of warranty by exist- 
 ence of unexpired lease. 35 L.R.A. 
 (N.S.) 779. 
 
 29. What constitutes a breach. 
 
 Existence of public highway across land at 
 
 time of conveyance as. 30 L.R.A. (N.S.) 
 
 835; 48 L.R.A.(N.S.) 619. 
 Existence of private rights of way across 
 
 land at time of conveyance as. 30 
 
 L.R.A.(N.S.) 841; 48 L.R. A. (N.S.) 
 
 619. 
 Existence of railroad rights of way across 
 
 land at time of conveyance as. 30 
 
 L.R.A.(N.S.) 844; 48 L.R.A.(N.S.) 
 
 619. 
 Pending condemnation proceedings as 
 
 breach. 36 L.R.A.(N.S.) 1067. 
 Existence of water right on land at time of 
 
 conveyance as. 36 L.R.A. (N.S.) 314; 
 
 51 L.R. A. (N.S.) 428. 
 
 30. Effect of knowledge oi' encum- 
 brance. 
 
 The general rule. 
 
 L.R.A.(N.S.) 
 
 4 L.R.A. (N.S.) 310; 32 
 737, 
 
 Encumbrances affecting the title to land. 
 4 L.R.A.(N.S.) 312; 32 L.R.A. 
 (N.S.) 738. 
 
 Encumbrances affecting the physical con- 
 dition of land. 4 L.R.A.(N.S.) 
 314; 32 L.R.A.(N.S.) 738. 
 
 e. Covenants of wawanty and for quiet 
 enjoyment. 
 
 31. Generally. 
 
 Constructions, validity, and effect, see supra, 
 
 12, 13. 
 Measure of damages for breach of covenant, 
 
 see DAMAGES, 33. 
 
 Contingency of claim for breacli of cove- 
 nant of warranty as affecting its pre- 
 sentation to decedent's estate. 58 
 L.R.A. 88. 
 
 Necessity of eviction to maintenance of ac- 
 tion for breach of covenant of war- 
 ranty of title. 17 L.R.A.(N.S.) 1178. 
 
 Accrual of cause of action for breach of 
 covenant of warranty so as to set in 
 motion the statute of limitations. 17 
 L.R.A.(N.S.) 1189. 
 
 Liability of landlord under implied cove- 
 nant for quiet enjoyment for damages 
 to tenants 
 
 in consequence of acts of 
 third persons affecting the leased prem- 
 ises. 42 L R A ( N ^1 ^ 77 s ! 
 Begin icitft this book on every laic question.
 
 INDEX TO L.R.A. NOTES. 
 
 335 
 
 -COVENANTS, III. e cont'd 
 
 32. What constitutes a breach. 
 
 Existence of public highway across land at 
 
 time of conveyance as. 30 L.R.A. (N.S.) 
 
 838; 48 L.R.A. (N.S.) 619. 
 Existence of railroad rights of way across 
 
 land at time of conveyance as. 30 
 
 L.R.A. (N.S.) 845; 48 L.R.A. (N.S.) 
 
 619. 
 Existence of private rights of way across 
 
 land at time of conveyance as. 30 
 
 L.R.A.(N.S.) 842; 48 L.R.A. (N.S.) 
 
 619. 
 Existence of water right on land at time of 
 
 conveyance as. 36 L.R.A. (N.S.) 317; 
 
 51 L.R.A.(N.S.) 428. 
 Breach of covenant of quiet enjoyment in 
 
 lease by acts upon adjacent property 
 
 subsequently acquired by lessor or his 
 
 grantee. 66 B. R. C. 177. 
 
 33. Who may enforce. 
 
 'Will a covenant of general warranty sus- 
 tain an action by remote grantee evict- 
 ed under an encumbrance, where the 
 deed also contains covenants against 
 encumbrances not running with the 
 land. 26 L.R.A. (N.S.) 1094. 
 
 COVERTURE. 
 
 "See HUSBAND AND WIFE. 
 
 CRAFTSMEN. 
 
 As independent contractors. 65 L.R.A. 467. 
 
 CREDIBILITY. 
 
 Of witness, see WITNESSES. 47. 
 
 CREDIT. 
 
 To bring debt within jurisdiction of court, 
 
 see COURTS, 29. 
 Fraud in obtaining, see FBAUD AND DECEIT, 
 
 11. 
 
 Guaranty of, see GUARANTY. 
 Constitution provision as to lending, see 
 
 PUBLIC MONEY, 4. 
 Taxation of credits generally, see TAXES, 
 
 18. 
 
 Continuing representation of financial stand- 
 ing as basis of. 10 L.R.A. (N.S.) 245. 
 
 Contract for giving, on mortgage foreclo- 
 sure. 21 L.R.A. 326. 
 
 Validity as against vendor's creditors of 
 sales on credit. 32 L.R.A. 59. 
 
 To bring debt within jurisdiction of court. 
 28 L.R.A. 221. 
 
 Effect of corporate dissolution on. 69 
 L.R.A. 141. 
 
 Lack of maritime lien for supplies sold on 
 personal credit in foreign port. 70 
 L.R.A, 405. 
 
 Action for purchase price before expiration 
 of. 3 L.R.A. (N.S.) 908. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CREDIT cont'd 
 
 Law governing right of action for purchase 
 price before expiration of credit. 64 
 L.R.A. 828. 
 
 Applicability of statute requiring that rep- 
 resentations as to another's credit must 
 be in writing in order to sustain an ac- 
 tion. 13 L.R.A.(N.S.) 212. 
 
 Admissibility of parol evidence as to manner 
 or means of paying written contract not 
 within statute of frauds purporting to 
 be payable in money so as to show 
 credits. 31 L.R.A. (N.S.) 238. 
 
 Implied power of municipality to construct 
 improvements on. 4 L.R.A. (N.S.) 746. 
 
 Effect of transfer without indorsement of 
 worthless debit and credit entries. 10 
 L.R.A. (N.S.) 537. 
 
 Increasing price upon sale on credit as 
 usury. 28 L.R.A. (N.S.) 102. 
 
 Omission of credits as affecting mechanics' 
 lien. 29 L.R.A. (N.S.) 310. 
 
 Extension of credit on faith of apparent 
 ownership of real property by person 
 in whose name the title stands as es- 
 toppel of real owner to assert title as 
 against creditors. 30 L.R.A.(N.S.) 11; 
 46L.R.A.(N.S.) 1097. 
 
 Contract to secure against loss by giving 
 credit as contract of 'insurance. 47 
 L.R.A. (N.S.) 293. 
 
 Recommendation of another as proper sub- 
 ject for credit as ground of liability. 
 L.R.A.1915A, 100. 
 
 Liability of one who sells business for sup- 
 plies subsequently furnished therefor on 
 credit while it is being conducted under 
 the same name. L.R.A.1915F, 711. 
 
 Discrimination in taxation between credits 
 secured by lien and those not so secured. 
 L.R.A.1915A, 185. 
 
 4 
 
 CREDITORS. 
 
 See DEBTOR AND CREDITOE. 
 
 CREDITORS' BILL. 
 
 1. Generally. 
 
 As to fraudulent conveyances, generally, 
 see FRAUDULENT CONVEYANCES. 
 
 Conclusiveness of judgment on which ac- 
 tion is based, see JUDGMENT, 38. 
 
 May original petition or complaint which 
 states no cause of action be aided by 
 supplemental pleading. L.R.A.1916D, 
 676. 
 
 To subject choses in action to judgment 
 after return of no property found. 63 
 L.R.A. 673, 15 L.R.A. (N.S.) 976. 
 
 Plaintiff's control over suit brought for all 
 similarly situated. 46 L.R.A. 839. 
 
 Effect of bankruptcy on. 45 L.R.A. 193. 
 
 Allowance of attorney's fees. 54 L.R.A. 817. 
 
 Effect of discharge in bankruptcy on lien ac- 
 quired by filing creditor's bill. 42 
 L.R.A.(N,S.) 295.
 
 
 INDKX TO L.R.A. NOTES. 
 
 i I; EDITORS' BILL cont'd 
 
 Effect of right to attach property fraudu- 
 l.'iitlv conveyed, on running of limita- 
 tions as against right to file. 2 L.R.A. 
 (N.S.) 988. 
 
 Jurisdiction of equity over suit to set aside 
 fraudulent conveyance of property in 
 another state or country. 69 L.R.A. 
 688; 23 L.R.A. (N.S.) 924; 27 L.R.A. 
 (N.S.) 420. 
 
 Removal of, because of separable controver- 
 sy. 6 L.R.A.(N.S.) 89. 
 
 2. Conditions precedent. 
 Conditions precedent to equitable remedies 
 of creditors. 23 L.R.A. (N.S.) 1. 
 Release of indorser of note by failure to 
 
 exhaust security against maker. 18 
 
 L.R.A.(N.S.) 551. 
 
 3. What property may be readied. 
 
 What contingent interests may be reached 
 by creditors' bill. 27 L.R.A.(N.S.) 
 454. 
 
 For unpaid subscriptions to stock of foreign 
 corporation. 34 L.R.A. 743. 
 
 Liability of alimony for debts. 32 L.R.A. 
 (NJS.) 270. 
 
 Right to subject endowment or tontine poli- 
 cies to claims of creditors. 4 L.R.A. 
 (N.S.) 456. 
 
 To reach insurance policy or its cash sur- 
 render value. 16 L.R.A.(N.S.) 319. 
 
 Right to subject debtor's interest under a 
 contract for his support to the claims 
 of creditors. 42 L.R.A.(N.S.) 1213. 
 
 May provision in will for support of person 
 which is made a lien or charge upon 
 property devised or bequeathed to 
 others be reached by his creditors. 23 
 L.R.A.(N.S.) 526. 
 
 Exemption of officer's salary from. 54 
 L.R.A. 566. 
 
 4. Priority as to proceeds of. 
 
 Generally. 17 L.R.A. 345. 
 
 Effect of judgments as liens. 17 L.R.A. 
 
 345. 
 Bill for all similarly situated. 17 L.R.A. 
 
 348. 
 Creditors at large. 17 L.R.A. 348. 
 
 CREMATION. 
 
 Rfjnilation concerning cremation of 'human 
 bodies. 52 L.R.A. (N.S.) 408. 
 
 CREW. 
 
 Of ship as fellow servants. 50 L.R.A. 438. 
 \Vhose servants are the crew of a chartered 
 
 \.-*i-l. 37 L.R.A. 54. 
 Duty and obligation of vessel on inland lake 
 
 or river in respect of sick or injured VII. 
 
 Mi.-mbT of. 35 L.R.A. (N.S.) 199. 
 Begin with this book on every law question 
 
 CRIME AGAINST NATURE. 
 
 See SODOMY. 
 
 CRIMES. 
 
 In general, see CRIMINAL LAW. 
 Jurisdiction over, see COURTS, 9, 25, 44. 
 Various particular crimes, see CRIMINAL 
 
 LAW, 4. 
 Charge of, as libel or slander, see LIBEL AND 
 
 SLANDER, 11. 
 p]ffect of, on competency of witness, aee 
 
 WITNESSES, 10, 11. 
 
 CRIMINAL CONSPIRACY. 
 
 See CONSPIRACY. 
 
 CRIMINAL CONTEMPT. 
 
 See CONTEMPT. 
 
 
 
 CRIMINAL CONVERSATION. 
 See HUSBAND AND WIFE, 68. 
 
 *-- 
 CRIMINAL INTENT. 
 
 As element of crime, see CRIMINAL LAW, 
 6. 
 
 I. 
 
 II. 
 
 III. 
 
 IV. 
 
 V. 
 VI. 
 
 CRIMINAL LAW. 
 
 In general, 1-3. 
 Various particular crimes, 4. 
 Criminal liability; excuses; de- 
 fenses, 5-3O. 
 
 a. In general, 5-23. 
 
 b. Parties to offenses, 24-29. 
 
 c. Criminal negligence, 3O. 
 Procedure, 31-68. 
 
 a. In general, 31-42. 
 
 b. Protection and rights of ac- 
 
 cused generally, 43-54. 
 
 c. Arraignment; plea; motions, 
 
 55-58. 
 
 d. Former jeopardy, 59-64. 
 
 e. Proof of corpus delicti, 65- 
 
 68. 
 
 Offenses against different sov- 
 ereignties, 69, 70. 
 Sentence and imprisonment. 71- 
 89. 
 
 a. In general, 71-84. 
 
 b. Parole; pardon, 85-8 9. 
 Record; validity of conviction, 
 
 9O.
 
 INDEX TO L.R.A. NOTES. 
 
 337 
 
 CRIMINAL LAW confd 
 
 I. In general. 
 
 1. Generally. 
 
 As to arrest, see ARREST. 
 
 As to bail, see BAIL AND RECOGNIZANCE. 
 
 Conflict of laws as to crimes, see CONFLICT 
 OF LAWS, 24. 
 
 Constitutionality of criminal statutes, see 
 CONSTITUTIONAL LAW, 193, 194. 
 
 Demand in criminal matters, see DEMAND, 
 6. 
 
 Extradition of fugitives, see EXTRADITION. 
 
 As to forfeiture of property by conviction, 
 see FORFEITURE. 
 
 As to habeas corpus, see HABEAS CORPUS. 
 
 Injunction against crimes or criminal pros- 
 ecution, see INJUNCTION, 18, 40. 
 
 Juvenile courts, see JUVENILE COURTS. 
 
 Libel or slander in charging crime, see 
 LIBEL AND SLANDER, 11. 
 
 Privilege in respect to criminal charge, see 
 'LIBEL AND SLANDER, 22-30. 
 
 Reward for arrest of criminals, see RE- 
 WARDS. 
 
 As to search, see SEARCH AND SEIZURE. 
 
 Adoption of common law in United States 
 in criminal matters. 22 L.R.A. 507. 
 
 Right to take or retain in rogues' gallery 
 picture of one accused of crime before 
 conviction. 7 L.R.A. (N.S.) 274; 23 
 L.R.A. (N.S.) 739; L.R.A.1916A, 743. 
 
 ('rime disqualifying grand juror. 28 
 L.R.A. 203. 
 
 Denial of custody of child to parent who 
 is a criminal. 41 L.R.A. (N.S.) 592. 
 
 Validity of contract for detection of crime. 
 30 L.R.A. (N.S.) 278; 42 L.R.A. (N.S.) 
 847. 
 
 Conflict of laws as to criminal prosecution 
 as condition of maintaining action for 
 death. 56 L.R.A. 222. 
 
 Grantee's oral promise to grantor to hold 
 in trust for purpose of avoiding crim- 
 inal prosecution, as giving rise to con- 
 structive trust. 39 L.R.A. (N.S.) 916. 
 
 Liability of bondsmen of peace officer for 
 acts of latter as to property taken 
 from prisoner. 37 L.R.A. (N.S.) 873. 
 
 Right of counsel assigned to defend in- 
 digent person, to compensation from 
 public. 36 L.R.A.(N.S.) 377. 
 
 Right of officer in executing criminal proc- 
 ess to take possession of evidentiary 
 articles. 18 L.R.A. (N.S.) 253; L.R.A. 
 1916C, 1017. 
 
 Liability of officer who uses criminal proc- 
 ess to collect a debt. 24 L.R.A. (N.S.) 
 301. 
 
 Liability of officer who turns over articles 
 taken from prisoner to a third person 
 in recognition of the latter's adverse 
 claim. 19 L.R.A. (N.S.) 833. 
 
 Removal of officer for failure to enforce 
 criminal or penal law. 50 L.R.A. 
 (N.S.) 841; L.R.A.1918F, 1049. 
 
 Right to put upon trial one undergoing im- 
 prisonment for another offense. 
 41 L.R.A. (N.S.) 1095. 
 
 Consult also L.R.A. Digests of Cases. 22 
 
 CRIMINAL LAW, I. cont'd 
 2. Effect of repeal of statute or ordi- 
 nance. 
 
 Effect of repeal for repugnancy of criminal 
 statute on prior offense. 9 L.R.A. 
 (N.S.) 165. 
 
 Effect of repeal, without saving clause, of 
 penal statute or ordinance upon prior 
 conviction under it. 23 L.R.A. (N.S.) 
 243. 
 
 3. Prohibition against criminal pros- 
 ecution. 
 
 Injunction against crimes or criminal pros- 
 ecutions, see INJUNCTION, 18, 46. 
 
 Prohibition to prevent numerous unfounded 
 prosecutions for alleged violation of 
 statute or ordinance. 37 L.R.A. (N.S.) 
 448. 
 
 /I. Various particular crimes. 
 
 4. Generally. 
 
 Various particular crimes, see ABDUCTION ; 
 ABORTION; ADULTERY; ARSON; AS- 
 SAULT AND BATTERY; BANKS, 5; 
 BASTARDY; BETTING; BIGAMY; BLAS- 
 PHEMY; BREACH OF THE PEACE; BRIB- 
 ERY; BURGLARY; CARRYING WEAPONS; 
 COMPOUNDING FELONY ; CONSPIRACY ; 
 COUNTERFEITING; DEFILEMENT; DIS- 
 ORDERLY HOUSES; DISTURBING MEET- 
 ING; DRUGS AND DRUGGISTS, 5; 
 DUELING; ELECTIONS, 24; EMBEZZLE- 
 MENT; ENTICING; EXTORTION; FALSE 
 PRETENSES; FORGERY; FORNICATION; 
 GAMBLING; HOMICIDE; HUSBAND AND 
 WIFE, 71; ILLICIT COHABITATION; 
 INCEST; INFANTS, 13; INTOXICATING 
 LIQUORS; KIDNAPPING; LARCENY; LIBEL 
 AND SLANDER, 45; LOTTERY, 3; 
 MAYHEM; MONOPOLY AND COMBINA- 
 TIONS; NUISANCE, 30, 31; OBSCEN- 
 ITY; OBSTRUCTING JUSTICE; PERJURY; 
 POSTOFFICE, 9-12; PROFANITY; 
 PROSTITUTION; RAILROADS, 87; RAPE; 
 RECEIVING STOLEN PROPERTY; ROB- 
 BERY; SEDUCTION, 6, 7;- SMUGGLING; 
 SODOMY; SUICIDE; SUNDAY; TRESPASS, 
 II.; WAREHOUSEMEN; WOUNDING. 
 
 Criminal responsibility of a municipal 
 corporation, see MUNICIPAL CORPORA- 
 TIONS, lOla. 
 
 Decisions under the Espionage Act of June 
 15, 1917. L.R.A.1918F, 410. 
 
 What constitutes violation of criminal stat- 
 utes against issuing checks or drafts 
 without funds. L.R.A.1918F, 982. 
 
 Criminal liability for injuries to dogs. 15 
 L.R.A. 252; 40 L.R.A. 511. 
 
 Criminal responsibility of parent for fail- 
 ure to support child where support is 
 furnished by others. 32 L.R.A. (N.S.) 
 841. 
 
 Criminal responsibility for failure to pro- 
 vide child with medical attendance 
 and remedies. 1 B. R. C. 747. 
 
 Contracts providing devices to affect rates 
 of carrier as basis for criminal prose- 
 cution. 38 L.R.A. (N.S.) 361.
 
 338 
 
 l\|)i:\ TO L.R.A. NOTES. 
 
 IIIMINAL LAW, II. confd 
 
 Criminal liability mi contracts fixing rates 
 other than those established by inter- 
 state commerce act. 38 L.R.A. (N.S.) 
 363. 
 
 Constitutionality of statute making the re- 
 ceiving of certain kinds of property a 
 criminal offense. L.R.A.1917F, 709. 
 
 Statute or ordinance making it an offense 
 to associate with disreputable persons. 
 L.R.A.1917F, 904. 
 
 Constitutionality of statute making viola- 
 tion of transfer rules established by 
 carrier criminal. 30 L.R.A. (N.S.) 499. 
 
 Evidence admissible in prosecution of car- 
 rier for transporting intoxicating li- 
 quors. 46 L.R.A. 420. 
 
 Criminal liability for disinterment of dead 
 bodies. 42 L.R.A. 733. 
 
 Remedy by indictment against one dam- 
 ming back water of stream. 59 L.R.A. 
 886. 
 
 Criminal responsibility for maintenance of 
 dam in non-navigable stream which 
 creates nuisance injurious to public 
 health. 22 L.R.A.(N.S.) 1259. 
 
 Criminal liability for giving or procuring 
 
 a false character of servant. 
 (N.S.) 1126. 
 
 4 L.R.A. 
 
 Criminal liability for violation of statute 
 
 limiting hours of labor. 65 L.R.A. 50; 
 
 51 L.R.A.(N.S.) 361. 
 Validity of statute making it criminal to 
 
 have possession of property which is 
 
 capable of criminal use. 20 L.R.A. 52. 
 Improper burial or lack of proper funeral 
 
 services as a criminal offense. 42 
 
 L.R.A. (N.S.) 211. 
 Failure to pay alimony or allowance for 
 
 support as criminal offense. 42 L.R.A. 
 
 (N.S.) 1065". 
 Prosecution for violation 
 
 of statute for 
 
 protection of union labels. 39 L.R.A. 
 (N.S.) 1202. 
 
 Power of legislature to make failure to 
 complv with rule of health board crim- 
 inal. 6 L.R.A. (N.S.) 143. 
 
 Resisting service of civil process, fair on 
 its face, but invalid in fact, as an of- 
 fense. 21 L.R.A.(N.S.) 66. 
 
 Power to make taking of usury a criminal 
 offense. 3 L.R.A. (N.S.) 530. 
 
 Criminal responsibility for violation of 
 statute after a judicial ruling that it 
 was unconstitutional and before that 
 ruling had been changed. 33 L.R.A. 
 (N.S.) 788. 
 
 Criminal liability for "shadowing" person. 
 43 L.R.A. (N.S.) 520. 
 
 Violation of municipal ordinance as a pub- 
 lic offense. 48 L.R.A.(N.S.) 156. 
 
 Statutes prohibiting interference with tele- 
 phone lines. 50 L.R.A. (N.S.) 1216. 
 
 Criminal responsibility for blocking street 
 or highway railroad crossing. L.R.A. 
 1915B. 329. 
 
 Indictment of woman transported in viola- 
 tion of white slave traffic act for con- 
 spiracy to violate the laws of the United 
 States. L.R.A.1915D, 281. 
 
 CRIMINAL LAW cont'd 
 
 ///. Criminal liability; excuses; de- 
 fences. 
 
 a. In general. 
 
 5. Generally. 
 
 Defense in prosecution for adultery, see 
 ADULTERY, 3. 
 
 In prosecution for assault and battery, see 
 ASSAULT AND BATTERY, 3-6. 
 
 Defense to prosecution for bribery, see 
 BRIBERY, 5. 
 
 Defense to prosecution for burglary, see 
 BURGLARY, 4. 
 
 Defenses to contempt proceedings, see CON- 
 TEMPT, 3. 
 
 Defense to prosecutions for homicide, see 
 HOMICIDE, 19-30. 
 
 Defenses in prosecution for larceny, see 
 LARCENY, 8. 
 
 Defense to prosecution for libel or slander, 
 see LIBEL AND SLANDER, 37-39v 
 
 Defenses in prosecution for perjury, see 
 PERJURY, 7. 
 
 Defense to prosecution for rape, see RAPE, 
 1. 
 
 As to self defense, see ASSAULT AND BAT- 
 TERY, 4a; HOMICIDE, 27-30. 
 
 Criminal responsibility of corporations, see 
 . CORPORATIONS, 39. 
 
 Criminal liability of railroad company, see 
 RAILROADS, 47. 
 
 Criminal liability for obstructing railroad 
 track, see RAILROADS, 87. 
 
 Fraud as element of crime, see FRAUD AND 
 DECEIT, 3. 
 
 Negation of defense in indictment, see IN- 
 DICTMENT, INFORMATION AND COM- 
 PLAINT, 8. 
 
 Criminal liability for nuisance, see NUI- 
 SANCES, 30. 
 
 Criminal liability for failure to provide 
 physician, see PHYSICIANS AND SUB- 
 GEONS, 3. 
 
 Effect of repeal of statute on liability, see 
 STATUTES, 35. 
 
 Liability to indictment of one improperly 
 issuing marriage license or performing 
 marriage ceremony. L.R.A.1917E, 873, 
 875. 
 
 What constitutes defense to admission of 
 minors to saloons. 22 L.R.A. (N.S.) 
 1010. 
 
 Offer of marriage as defense to prosecution 
 for seduction. 29 L.R.A.(N.S.) 421. 
 
 Abduction or wrongful bringing of crim- 
 inals into jurisdiction as defense. 15 
 L.R.A. 177. 
 
 Order or decree of court requiring the do- 
 ing or omission of an act as a defense 
 to a criminal prosecution. L.R.A. 
 1916B, 767. 
 
 Criminal liability of soldiers and militia- 
 men. L.R.A.1915A, 1173. 
 
 Criminal responsibility of municipality for 
 maintaining or permitting a nuisance. 
 39 L.R.A. (N.S.) 411. 
 
 Evidence of other crimes to rebut special 
 
 Begin n ith this boolc on every law question. 
 
 defenses. 62 L.R.A. 299.
 
 DKDEX TO L.K.A. iNOTES. 
 
 339 
 
 CRIMINAL LAW, III. a cont'd 
 
 Criminal responsibility for violating a stat- 
 ute after a judicial ruling that it was 
 unconstitutional and before that rul- 
 ing has been changed. 33 L.R.A. 
 (X.S.) 788. 
 
 6. Criminal intent. 
 
 Effect of ignorance, mistake, or belief, see 
 infra, 13, 14. 
 
 Of prosecutor, see infra, 21. 
 
 Intent as element of homicide, see HOMI- 
 CIDE, 5. 
 
 In violation of fish laws. 39 L.R.A. 591. 
 
 Intent as ingredient of offense by ware- 
 houseman selling goods for which he 
 has issued receipt. 27 L.R.A. (N.S.) 
 160. 
 
 Criminal intent as essential to larceny of 
 property found. 37 L.R.A. 122. 
 
 Intent as element of offense in case of sales 
 of alcoholic liquor not ostensibly in- 
 tended for beverage. L.R.A.1917F, 245. 
 
 Prohibiting the keeping of intoxicating, li- 
 quor irrespective of any intention to 
 sell it in violation of law. 26 L.R.A. 
 (N.S.) 394; L.R.A.1915D, 172; L.R.A. 
 1917D, 938. 
 
 Criminal intent as affecting criminal re- 
 sponsibility of corporations. 2 B. R. 
 C. 238. 
 
 Necessity of instruction as to law of cir- 
 cumstantial evidence as to intent of 
 accused. 69 L.R.A. 215. 
 
 Effect of intent of parties on criminal lia- 
 bility on contracts fixing rates other 
 than those established in accordance 
 with interstate commerce act. 38 
 L.R.A.(N.S.) 364. 
 
 Intent to return property as affecting 
 charge of embezzlement or larceny. 52 
 L.R.A. (N.S.) 1013. 
 
 Knowledge or intent as element of the of- 
 fense of using or giving false weight or 
 measure. L.R.A.1917D, 1129. 
 
 Necessity of intent to defraud a particular 
 person to constitute crime of false pre- 
 tenses. L.R.A.1916D, 271. 
 
 Effect of intent on misbranding prohibited 
 by pure food and drugs law. L.R.A. 
 1916D, 170. 
 
 Good motive as affecting criminal charge 
 involving obscene, indecent, or pro- 
 fane language or literature. L.R.A. 
 1916B, 1121. 
 
 7. Criminal liability of children. 
 
 For assault and battery, see ASSAULT AND 
 BATTEBY, 7. 
 
 Youth as defense to homicide, see HOMI- 
 CIDE, 20. 
 
 Juvenile courts, see JUVENILE OFFENDERS. 
 
 Liability for rape, see RAPE, 2. 
 
 The period of indiscretion innocence legal- 
 ly presumed. 36 L.R.A. 196. 
 
 The dubious age of discretion innocence 
 presumed prima facie, guilt may 
 be proved. 36 L.R.A. 197. 
 
 The age of presumed discretion. 36 L.R.A. 
 207. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CRIMINAL LAW, III. a cout'd 
 
 Confession of infants. 36 L.R.A. 208. 
 
 Command of parent no excuse for infant's* 
 criminal act done thereunder. 36 
 L.R.A. 210. 
 
 Punishment of infants. 36 L.R.A. 210. 
 
 Does statute fixing age of consent render a 
 girl below that age incapable of sexual 
 crime. 27 L.R.A. (N.S.) 872. 
 
 Criminal liability of infant as accessory to 
 theft. 36 L.R.A. 212. 
 
 Criminal responsibility of minor for fail- 
 ure to support wife. L.R.A.1916E, 762. 
 
 8. Mental condition as affecting 
 criminal responsibility. 
 
 Insanity after commission of criminal act, 
 see infra, 42. 
 
 Sentence and imprisonment of insane per- 
 son, see infra, 72. 
 
 Presumption and burden of proof as to 
 sanity, see EVIDENCE, 38-40. 
 
 Expert and nonexpert evidence as to sanity, 
 see EVIDENCE, 489-193. 
 
 Sufficiency of evidence as to sanity, see 
 EVIDENCE, 316. 
 
 As defense to homicide, see HOMICIDE, 5. 
 
 Criminal responsibility for act committed 
 under influence of insane delusion as to 
 facts as affected by question whether 
 such facts would, if actually existing, 
 excuse the act. L.R.A.1917F, 650. 
 
 Knowledge that one's act is contrary to law 
 as affecting defense of insanity. L.R.A. 
 1916D, 527. 
 
 Weakness of mind as affecting responsibil- 
 ity for criminal act. 10 L.R.A.(N.S.) 
 999. 
 
 Impairment of memory as defense to prose- 
 cution for perjury. 21 L.R.A. (N.S.) 
 993. 
 
 Effect of insanity on question of heat of 
 passion to mitigate homicide. 5 L.R.A. 
 (N;S.) 825. 
 
 Insanity induced by intoxication as excuse 
 for crime. 36 L.R.A. 479. 
 
 Responsibility for crime committed in fit 
 of anger. 10 L.R.A. (N.S.) 1032. 
 
 What are insane delusions. 37 L.R.A. 261. 
 
 Morphinism as affecting responsibility. 39 
 L.R.A. 262. 
 
 Effect of hypnotism in criminal cases. 40 
 L.R.A. 269. 
 
 Kleptomania, as a defense to burglary or 
 larceny, 43 L.R.A. (N.S.) 150. 
 
 Right of prosecution to show feigned in- 
 sanity. 31 L.R.A. (N.S.) 113. 
 
 Measure of proof of insanity in criminal 
 case. 39 L.R.A. 737. 
 
 Proof of other crimes to rebut defense of 
 insanity. 62 L.R.A. 300. 
 
 Necessity for instruction as to law on cir- 
 cumstantial evidence on plea of insan- 
 ity. 69 L.R.A. 208. 
 
 Insanity of accused at the time of the of- 
 fense raised for the first time on mo- 
 tion for new trial. L.R.A.1918B, 1146. 
 
 Habeas corpus to secure release of one con- 
 victed while insane. L.R.A.1918B, 81.
 
 340 
 
 CRIMINAL LAW, III. a cont'd 
 ^ 9. Irresistible impulse as excuse for 
 crime. 
 
 AntriT as defense, see infra, 11. 
 
 A- defense to homicide, see HOMICIDE, 21. 
 
 Generally, is I..!!. A. _:> I -. 27 L.R.A.(N.S.) 
 461; L.R.A.1918D, 794. 
 
 Effect of ili>r;i>r to .-r.'iitc irresistible im- 
 pulse. IS L.K.A. 22S. 
 
 Impulse obliterating sense of right and 
 wrong. 18 L.R.A. 22!). 
 
 Kleptomania. 18 L.R.A. 229; 43 L.R.A. 
 (N.S.) 150. 
 
 10. What intoxication will excuse 
 crime. 
 
 Intoxication as defense to homicide, see 
 HOMICIDE, 22. 
 
 The general rule. 36 L.R.A. 465. 
 
 When intoxication may be shown. 36 
 
 L.R.A. 467. 
 Insanity induced by intoxication. 36 
 
 L.R.A. 479. 
 Intoxication under the Texas statute. 36 
 
 L.R.A. 483. 
 
 Involuntary intoxication. 36 L.R.A. 484. 
 Drunkenness as a defense to homicide. 13 
 
 L.H.A.IX.S.) 1024; 25 L.R.A.(N.S.) 
 
 378. 
 Intoxication as a defense to burglary. 
 
 L.R.A.1918A, 1168. 
 Kffect of intoxication on question of heat 
 
 of passion to mitigate homicide. 5 
 
 L.R.A.(N.S.) 825. 
 
 11. Anger as a defense. 
 
 Responsibility for crime committed in fit of 
 anger. 10 L.R.A.(N.S-) 1032. 
 
 Heat of passion which will mitigate or re- 
 duce the degree of a homicide. 5 
 L.R.A.(N.S.) 809. 
 
 Effect of intoxication on the question of 
 heat of passion to mitigate homicide. 
 5 L.R.A.(N.S.) 825. 
 
 12. Good faith as defense. 
 
 Good faith as defense to criminal respon- 
 sibility for failure to provide child 
 with medical attendance and remedies. 
 1 B. R. C. 750. 
 
 Good faith as affecting criminal responsi- 
 bility for illegal registration or voting. 
 37 L.R.A.(N.S.) 1177. 
 
 Good faith of offer of marriage as affect- 
 ing defense to prosecution for seduc- 
 tion. 29 L.R.A.(N.S.) 423. 
 
 Larceny or embezzlement as affected by be- 
 
 INDEX IX) L.R.A. NOTES. 
 
 lief in right to property taken. 
 L.R.A.(N.S.) 549. 
 
 41 
 
 13. Effect of ignorance, mistake, or 
 belief. 
 
 Homicide by accident or misadventure, see 
 
 HOMICIDE, 14. 
 
 In sale of liquor, see INTOXICATING Li- 
 29, 31, 33. 
 
 Mistake as to beverage as defense to charge 
 of illegal liquor sale. 6 L.R.A. (N.S.) 
 477: 21 L.R.A.(N.S.) 525: L.R.A. 
 IfHtil). 2(5(!. 
 
 irif/i f/x book on cvfrif lau- question. 
 
 MM MINAL LAW, III. a cont'd 
 
 Ignorance of contents of package as de- 
 fense to carrier in prosecution for 
 transporting intoxicating liquor into 
 prohibition territory. 18 L.R.A. (N.S.) 
 1182. 
 
 Ignorance that article furnished as butter 
 is oleomarearin as a , defense. 32 
 L.R.A. (N.S.I <" 4(i - 
 
 Larceny or embezzlement as affected by be- 
 lief in right to property taken. 41 
 L.R.A.(N.S.) 549. 
 
 Religious belief as excuse for failure to 
 furnish medical aid to child. 36 
 L.R.A.(N.S.) 633. 
 
 Belief in termination of former marriage 
 as a defense to prosecution for bigamy. 
 27 L.R.A.(N.S.) 1097; 34 L.R.A. (N.S.) 
 613. 
 
 Ignorance of defendant in prosecution for 
 adultery that other party was married 
 as a defense. 18 L.R.A. (N.S.) 527. 
 
 As to identity of victim as affecting as- 
 sault or homicide. 33 L.R.A. (N.S.) 
 1070. 
 
 Assault with intent to murder or kill by 
 unlawful act under mistaken identity 
 of person assaulted. 37 L.R.A. (N.S.) 
 172. 
 
 Proof of other crimes to rebut defense of 
 mistake in criminal prosecution. 62 
 L.R.A. 300. 
 
 Effect of ignorance of mental condition in. 
 prosecution for rape of female of un- 
 sound mind. L.R.A.1916F, 746. 
 
 14. as to age. 
 
 Seller's ignorance of minority of purchaser 
 as defense to prosecution for sale of 
 liquor to minor. 25 L.R.A. (N.S.) 669. 
 
 Effect of defendant's mistake as to age of 
 girl under statute denouncing sexual 
 offenses against females below specified 
 age. 25 L.R.A. (N.S.) 661. 
 
 Ignorance that parties to marriage are un- 
 der age, as defense to prosecution for 
 officiating at the marriage. 29 L.R.A. 
 (N.S.) 504. 
 
 15. Accident as defense. 
 
 Homicide by accident or misadventure, see 
 HOMICIDE. 14. 
 
 Proof of other crimes to rebut defense of, 
 in criminal prosecution. 62 L.R.A. 
 300. 
 
 16. Attempt. 
 
 To commit arson, see ARSON, 4. 
 To commit robbery, see ROBBERY, 3. 
 
 Attempt to commit suicide as a crime. 7 
 L.R.A. (N.S.) 286. 
 
 Attempt to commit suicide while intoxi- 
 cated. 36 L.R.A. 479. 
 
 Attempt to procure violation of Elkins act 
 as conspiracy. 17 L.R.A. (N.S.) 720. 
 
 Charge of attempt to commit offense based 
 on attempt to do an act under mis- 
 taken belief in the existence of a fact 
 without which the act, if consum- 
 mated, would not have constituted the 
 offense. 9 L.R.A. (N.S.) 263.
 
 INDEX TO L.R.A. NOTES. 
 
 CRIMINAL LAW, III. a cont'd 
 
 Unsuccessful attempt to utter or publish 
 forged instrument. 8 L.R.A. (N.S.) 
 1177. 
 
 Former jeopardy in retrial for substantive 
 offense after setting aside verdict for 
 attempt. 44 L.R.A.<N.S.) 1047. 
 
 17. what constitutes. 
 
 Solicitation as attempt to commit crime. 
 25 L.R.A. 434. 
 
 Solicitation to commit adultery as an at- 
 tempt to commit crime. L.R.A.1918A, 
 98. 
 
 What constitutes attempt to discharge fire- 
 arms. 3 B. R. C. 243. 
 
 What constitutes an attempt to commit ar- 
 son. 4 L.R.A. (N.S.) 417; 41 L.R.A. 
 (N.S.) 4,39. 
 
 What constitutes offense of attempt to in- 
 fluence officers of court. 21 L.R.A. 
 (N.S.) 905. 
 
 What constitutes an attempt to commit 
 homicide as distinguished from assault 
 with intent to kill. 21 L.R.A. (N.S.) 
 898. 
 
 Procuring or providing instrumentalities 
 adapted to commission of a crime with 
 intent to commit the same, as an at- 
 tempt to commit the crime. 6 L.R.A. 
 (N.S.) 804. 
 
 18. Solicitation. 
 
 Criminality of solicitation to crime which 
 is not consummated. 25 L.R.A. 
 434. 
 
 Solicitation to commit adultery as a crim- 
 inal offense. L.R.A.1918A, 98. 
 
 : 19. Instigation to crime; facilitating 
 crime. 
 
 Instigation to commit robbery, see ROB- 
 BERY, 2. 
 
 Instigations to crime for purpose of detect- 
 ing criminal as defense to prosecution. 
 25 L.R.A. 341; 30 L.R.A.(N.S.) 946; 
 51 L.R.A.(N.S.) 825. 
 
 Inciting suicide. 66 L.R.A. 304. 
 
 Effect on criminal responsibility for lar- 
 ceny of owner's conduct in intention- 
 ally facilitating the taking. 7 L.R.A. 
 (N.S.) 756. 
 
 20. Consent to crime. 
 
 As to crime of dueling, see DUELING. 
 
 For the purpose of detecting criminal, as a 
 defense to prosecution. 25 L.R.A. 
 341; 30 L.R.A. (N.S.) 946; 51 
 L.R.A.(N.S.) 825. 
 
 Consent as justification for assault. 15 
 L.R.A. 854. 
 
 Of woman to abortion as justification or 
 excuse for homicide in commission of. 
 63 L.R.A. 909; 49 L.R.A. (N.S.) 582. 
 
 Effect of deceased's consent upon degree of 
 homicide committed by defendant. 15 
 L.R.A.(N.S.) 988. 
 
 Effect of consent of bailee, agent, or serv- 
 ant to taking of property on liability 
 for larceny. 7 L.R.A. (N.S.) 1149. 
 
 Consul? also L.R.A. Digests of Cases. 
 
 CRIMINAL LAW, III. a cont'd 
 21. Illegal intent or transaction by 
 prosecutor as a defense. 
 
 Illegality of transaction by which owner 
 obtained money or other property as 
 defense to prosecution for embezzle- 
 ment. 27 L.R.A. (N.S.) 415. 
 
 Illegal intent of, as affecting guilt in ob- 
 taining property by means of false pre- 
 tense or confidence game. 17 L.R.A. 
 (N.S.) 276; 39 L.R.A.(N.S.) 423. 
 
 22. Duress as an excuse for crime. 
 
 Generally. 19 L.R.A. 357. 
 
 Duress of wife by husband. 19 L.R.A. 358. 
 
 23. Different offenses by same act. 
 
 Offenses against different sovereignties, see 
 infra, V. 
 
 Prosecution and punishment of distinct of- 
 fenses committed by single sale of 
 intoxicating liquor. 45 L.R.A. 
 858. 
 
 Forgery, of different instruments at one 
 time as constituting one or more than 
 one crime. 61 L.R.A. 819. 
 Stealing property from different owners at 
 same time as distinct offenses. 42 
 L.R.A.(N.S.) 967. 
 
 Conviction and punishment of both forging 
 and uttering in one prosecution. 16 
 L.R.A. (N.S.) 561. 
 
 Right to convict for several offenses grow- 
 ing out of the same facts. 31 
 L.R.A.(N.S.) 693. 
 
 ft. Parties to offenses. 
 
 24. Generally. 
 
 Admissibility of acts and declarations of 
 coconspirators, see EVIDENCE, 237. 
 
 In sale of intoxicating liquor, see INTOXI- 
 CATING LIQUORS, 22, 23. 
 
 Confederates in uttering or publishing 
 forged instruments. 8 L.R.A. (N.S.) 
 1178. 
 
 Unlawfully issuing license for disorderly 
 house as keeping the same. 29 L.R.A. 
 (N.S.) 721. 
 
 Criminal responsibility for homicide in car- 
 rying out unlawful conspiracy. 68 
 L.R.A. 193. 
 
 Effect of participating in purchase and di- 
 vision of quantity of liquor to render 
 one guilty of unlawful sale. 22 L.R.A. 
 (N.S.) 560. 
 
 Is one who obtains liquor for, and delivers 
 it to another, using the latter's money, 
 guilty of selling the same. 24 L.R.A. 
 (N.S.) 268; 28 L.R.A.(N.S-) 334; 
 L.R.A.1917D, 1020. 
 
 Procuring liquor for another on physician's 
 prescription for self as an illegal sale. 
 21 L.R.A.(N.S.) 1008. 
 
 Knowledge necessary to charge owner with 
 conduct of tenants or others in selling 
 intoxicating liquors on premises in 
 violation of injunction. 25 L.R.A. 
 (N.S.) 602.
 
 342 
 
 INDEX TO L.R.A. NOTES. 
 
 CRIMINAL LAW, III. l> cont'd 
 
 Agent's criminal responsibility for sale of 
 goods that do not comply with stat- 
 utory requirements. L.K.A.1918D, 726. 
 
 25. Aiding and abetting crime, 
 
 Liability for act of assistant, see infra, 
 
 27. 
 Liability for assisting in unlawful arrest 
 
 or subsequent detention. 14 L.R.A. 
 
 (N.S.) 1123. 
 Abetting suicide. 66 L.R.A. 304; 22 L.R.A. 
 
 (N.S.) 243. 
 What connection with, or participation in, 
 
 forgery is sufficient to render one guilty 
 
 of forgery. L.R.A.1916F, 1254. 
 
 26. Accessories. 
 
 Child as accessory to theft. 36 L.R.A. 202. 
 
 Offense of accessory before the fact. 33 
 
 L.R.A.(N.S.) 334. 
 Abortionist as an accessory before the fact 
 
 in case of death. 
 L.R.A.(N.S.) 582. 
 
 63 L.R.A. 909; 49 
 
 Absence of accused from territorial juris- 
 diction at time of offense of accessory 
 before the fact as affecting jurisdiction 
 of offense. 33 L.R.A.(N.S.) 334. 
 
 27. Liability for acts of associates or 
 assistants. 
 
 Principal's liability for homicide by assist- 
 ant. 67 L.R.A. 312. 
 
 Liability of one assisting in burglary dur- 
 ing whicli his companion commits mur- 
 der. 6 L.R,A.(N.S.) 1154. 
 
 Absence from the scene of homicide as af- 
 fecting the responsibility of a party to 
 a common design to commit another 
 offense. L.R.A.1918B, 75. 
 
 Is one assisting relative in peril bound by 
 the latter's act in bringing on the diffi- 
 culty. 15 L.R.A.(N.S.) 1013. 
 
 Criminal responsibility of one who aids an- 
 other in assaulting in which the latter, 
 without his knowledge or consent, uses 
 weapon. 23 L.R.A.(N.S.) 
 
 a deadly 
 273. 
 
 28. Who are accomplices. 
 Within rule requiring corroboration of tes- 
 timony, see EVIDENCE, 321. 
 
 Spectators at prize fight as accomplices. 
 
 15 L.R.A. 516. 
 
 One accepting aid to escape from jail as 
 an accomplice of 'person giving the aid. 
 24 L.RJMN.S.) 625. 
 
 8 29. Criminal and penal liability for 
 act of copartner servant, or agent. 
 
 See also INTOXICATING LIQUORS, 23. 
 
 General rules. 41 L.R.A. 650; 43' L R A 
 
 (N.S.) 2. 
 Application to particular subjects. 41 
 
 L.R.A. 652; 43 L.R.A. (N.S.) 2. 
 Violation of liquor laws. 41 L.R.A. 661- 
 
 16 L.R.A.(N.8.) 786; 20 L.R.A.(N.S.) 
 321; 43 L.R.A.(N.S.) 2. 
 
 Jiff/in nit I, thix hook on every law question. 
 
 ' KI.MINAL LAW, III. b confd 
 
 Homicide by acting through innocent or 
 
 irresponsible agent. 2 L.R.A. (N.S.) 
 
 897. 
 Criminal liability of newspaper proprietor 
 
 for libel published without his consent 
 
 26 L.R.A. 779-. 
 
 c. Criminal negligence. 
 
 30. Generally. 
 
 Negligent homicide, see HOMICIDE, 15. 
 Criminal liability of highway officers for 
 negligence. 22 L.R.A. 835. 
 
 IV. Procedure, 
 a. In general. 
 
 31. Generally. 
 
 Nature of proceeding as civil or criminal, 
 se ACTION OB SUIT, 6. 
 
 Right or appeal in criminal case, see AP- 
 PEAL AND ERROB, 2, 7a. 
 
 Review, on appeal, of decisions in criminal 
 cases, see APPEAL AND ERROR, VIII. 
 
 Review of facts on appeal in criminal cases,, 
 see APPEAL AND ERROR, 33. 
 
 Instructions in criminal prosecution, sen 
 APPEAL AND ERROR, 36; TRIAL, 60- 
 68. 
 
 Arguments and conduct of counsel, sec 
 APPEAL AND ERROR, 37; TRIAL, 15- 
 17. 
 
 Remarks or conduct of judge, see APPKAI. 
 AND ERROR, 38. 
 
 Error as to jury or conduct of trial, see Av- 
 PEAL AND ERROR, 39. 
 
 Ex post facto laws, see CONSTITUTIONAL 
 LAW, 7. 
 
 Continuance in criminal cases, see CONTINU- 
 ANCE. 
 
 Liability for costs in criminal prosecution,, 
 see COSTS AND FEES, II. 
 
 Jurisdiction in criminal oases, see CouRTS r 
 9, 25, 44. 
 
 Dismissal of criminal prosecution, see DIS- 
 MISSAL AND DISCONTINUANCE, 4. 
 
 As to prosecuting attorney, see DISTRICT 
 AND PROSECUTING ATTORNEY. 
 
 Judicial notice as to criminal matters, see 
 EVIDENCE, II. 
 
 Presumptions and burden of proof as to 
 criminal matters, generally, see EVI- 
 DENCE, III. 
 
 Best and secondary evidence in criminal 
 prosecution, see EVIDENCE, IV. 
 
 Documentary evidence in criminal case, see 
 EVIDENCE, V. 
 
 Demonstrative evidence in criminal prose- 
 cution, see EVIDENCE, VI. 
 
 Expert and nonexpert evidence as to san- 
 ity, see EVIDENCE, 189-193. 
 
 Admissibility of opinion evidence in crimi- 
 nal prosecution, see EVIDENCE, VIII. 
 
 Admissibility of confessions, see EVIDENCE, 
 IX. 
 
 As to evidence with respect to handwriting, 
 generally, see EVIDENCE, 198-205. 
 
 Comparison of typewriting and finger 
 prints, see EVIDENCE, VIII. h.
 
 INDEX TO L.R.A. NOTES. 
 
 343 
 
 CRIMINAL LAW, IV. a cont'd 
 
 As to confessions, see EVIDENCE, 207-214. 
 
 Admissibility of evidence wrongfully ob- 
 tained, see EVIDENCE, 213. 
 
 Admissions of accused, see EVIDENCE, 215. 
 
 Admissibility of declarations of third per- 
 sons in criminal prosecution, see EVI- 
 DENCE, XI. 
 
 Evidence of threats, see EVIDENCE, 239. 
 
 Admissibility of dying declarations, see EVI- 
 DENCE, 242. 
 
 Admissibility of declarations of accused, see 
 EVIDENCE, 227. 
 
 Admissibility of acts and declarations of 
 coconspirators and codefendants, see 
 EVIDENCE, 237. 
 
 Evidence as to character of accused or other 
 persons, see EVIDENCE, 249-253. 
 
 Evidence as to character or reputation, see 
 EVIDENCE, 251, 252. 
 
 Evidence of other crimes, see EVIDENCE, 
 275. 
 
 Relevancy of evidence in criminal cases, 
 generally, see EVIDENCE, 277, 284- 
 287. 
 
 Weight of evidence in criminal cases, gen- 
 erally, see EVIDENCE, 315-328. 
 
 Necessity of corroboration of accomplice, 
 see EVIDENCE, 321. 
 
 Matters as to grand jury, see GRAND JUBY. 
 
 Competency of evidence before grand jury, 
 see GRAND JURY, 7. 
 
 Limitation of time for prosecution, see LIM- 
 ITATION OF ACTIONS, 38b. 
 
 Termination of prosecution for purpose of 
 action for malicious prosecution, see 
 MALICIOUS PROSECUTION, 9. 
 
 Motion for new trial in criminal case, see 
 NEW TRIAL. 
 
 Nolle prosequi, see NOLLE PROSEQUI. 
 
 Removal of criminal cause to Federal court, 
 see REMOVAL OF CAUSES, 19. 
 
 Province of court and jury in criminal pros- 
 ecution, see TRIAL, 54, 55. 
 
 Instruction in criminal case, see TRIAL, V. 
 
 Verdict in criminal prosecution, see TRIAL, 
 VIII. 
 
 Venue of criminal prosecution, see VENUE, 
 3. 
 
 Witnesses generally in criminal cases, see 
 WITNESSES. 
 
 Competency of witnesses in criminal case, 
 see WITNESSES, II. 
 
 Cross-examination of accused, see WIT- 
 NESSES, 37. 
 
 Impeachment of witness in criminal case, 
 see WITNESSES, 42. 
 
 Applicability in proceeding to punish crim- 
 inal contempt of rules of evidence in 
 criminal cases. L.R.A.1917B, 118. 
 
 Admissibility in evidence of former plea of 
 guilty. L.R.A.1916E, 640; L.R.A. 
 1918E, 92. 
 
 Effect of writ or process, without seal of 
 court. 20 L.R.A. 424. 
 
 Want of internal revenue stamp on instru- 
 ment requiring stamp, as affecting 
 criminal prosecution. 46 L.R.A. 454. 
 
 Criminal prosecutions where statutes regu- 
 lating business of foreign insurance 
 companies have not been complied with. 
 20 L.R.A. 409 
 
 Consult also L.R.A. Digests of Cases. 
 
 CRIMINAL LAW, IV. a cont'd 
 
 Procedure on prosecution of habitual crimi- 
 nal or prior offender. 34 L.R.A. 404: 
 24 L.R.A. (N.S.) 435. 
 
 Validity of proceedings in course of trial 
 outside of court room. 41 L.K.A. 563. 
 
 Right of private person to exhibit criminal 
 information in court of record. 1& 
 L.R.A. (N.S.) 1050. 
 
 First and last days in computing time for 
 prosecutions. 49 L.R.A. 216, 224. 
 
 Basing an indictment upon testimony of 
 accomplices. 28 L.R.A. 319. 
 
 Entry of judgment nunc pro tune in crim- 
 inal case. 20 L.R.A. 146. 
 
 Consolidated trial upon several indictments 
 against same defendant. 3 L.R.A, 
 (N.S.) 412; 47 L.R.A. (N.S.) 955. 
 
 Right of court to order disinterment of 
 corpse for evidential purposes. 22* 
 L.R.A.(N.S.) 513. 
 
 Construction and effect of provisions requir- 
 ing prosecution for adultery to be on 
 complaint of husband or wife. 1& 
 L.R.A.(N.S.) 786. 
 
 Prosecution under general liquor law for 
 sale in local-option territory. 3 L.R.A. 
 (N.S.) 620. 
 
 Effect of escape on appeal from conviction. 
 26 L.R.A. (N.S.) 921. 
 
 Intimation that a recommendation to mercy 
 will be entertained as ground for rever- 
 sal. 40 L.R.A.(N.S.) 239. 
 
 32. Preliminary examination. 
 
 Admissibility of testimony on, of witness 
 not available at time of trial, see EVI- 
 DENCE, 245. 
 
 Complaint or information based on infor- 
 mation and belief as basis for examina- 
 tion preliminary to issuance of war- 
 rant. 10 L.R.A.(N.S.) 159; 25 L.R.A, 
 (N.S.) 60. 
 
 Admissibility in criminal trial of testimony 
 given on preliminary examination by 
 witnesses not available at time of trial. 
 25 L.R.A. (N.S.) 868. 
 
 Right of public prosecutor to have prelim- 
 inary examination before magistrate 
 dismissed. L.R.A.1918C, 209. 
 
 33. Warrant; commitment. 
 
 Complaint or information based on infor- 
 mation and belief as basis for issuance 
 of warrant. 10 L.R.A. (N.S.) 159; 25- 
 L.R.A.(N.S.) 60. 
 
 Necessity of commitment to render impris 
 onment valid. 38 L.R.A. (N.S.) 609. 
 
 Informality of commitment as justification 
 for prison breach. 15 L.R.A. 191. 
 
 34. Effect of agreement for immunity 
 of accomplice who testifies for pros- 
 ecution. 
 
 In general. 24 L.R.A. (N.S.) 439. 
 
 Who can promise immunity. 24 L.R.A., 
 
 (N.S.) 442. 
 
 Duty to make full disclosure. 24 L.R.A, 
 "(N.S.) 443.
 
 344 
 
 INDEX TO L.R.A. NOTES. 
 
 i 1 1 1 M I X AL LAW, IV. a cont'd 
 
 Necessity to immunity of accomplice's ful- 
 
 filling agreement. 24 L.R.A. (N.S.) 
 
 111. 
 Effect of agreement on competency as wit- 
 
 ness. 24 L.R.A. (N.S.) 445. 
 Effect of voluntary testimony by accom- 
 
 plice. 24 L.R.A.(N.S.) 445. 
 
 35. Necessity for indictment or pre- 
 sentment. 
 
 As to requisites and sufficiency of indict- 
 ment, see INDICTMENT, INFORMATION, 
 AND COMPLAINT. 
 
 Sufficiency of information, without indict- 
 ment, in common-law felonies. 1 
 L/R.A.(N.S.) 
 
 Constitutional or statutory provisions for 
 prosecution of felony upon information 
 without indictment as an ex post facto 
 law. 38 L.R.A.(N.S.) 600. 
 
 What is an infamous crime within consti- 
 tutional provisions requiring present- 
 ment by a grand jury. 17 L.R.A. 764. 
 
 35a. Loss of indictment. 
 
 Right to substitute copy. 41 L.R.A. (N.S.) 
 
 1079. 
 
 Right of grand jury to refind or to find a 
 new indictment. 41 L.R.A.(N.S.) 
 1084. 
 Original subsequently found. 41 L.R.A. 
 
 (N.S.) 1084. 
 
 Formal requisites of substitution. 41 
 L.R.A.(N.S.) 1085. 
 
 36. Matters as to jury. 
 
 Discharge of jury as bar to further prose- 
 
 cution, see infra, 63. 
 Right to jury trial in criminal case, see 
 
 JURY, 5. 
 Denial or infringement of right to jury 
 
 trial, see Ju BY, 6a. 
 Number and agreement of jurors in crim- 
 
 inal case, see JUBY, 15. 
 Competency of jurors in criminal case, see 
 
 JUBY,* 11-14. 
 Selection of jurors in criminal case, see 
 
 JUBY, III. 
 
 As to grand jury, see GRAND JURY. 
 In civil cases, see TBIAL, 70-74. 
 
 Right of jurors to act on their own knowl- 
 
 edge as to matters not in evidence. 
 L.R.A. 489; 37 L.R.A. (N.S.) 796. 
 
 31 
 
 How long shall a jury be permitted to de- 
 liberate before a mistrial may be or- 
 dered. 11 L.R.A.(N.S.) 178. 
 
 Right to waive absence of juryman in crim- 
 inal case. 14 L.R.A. (N.S.) 862. 
 
 Right in criminal case to substitute an- 
 other juror and proceed with the trial 
 when a juror becomes disabled or in- 
 competent. 25 L.R.A. (N.S.) 36. 
 
 Effect of jury in criminal case hearing 
 speech or address out of court on sub- 
 ject related to issues before them. 38 
 L.R.A.(N.S.) 1116. 
 
 < KI.MINAL'LAW, IV. a cont'd 
 
 Effect of statutory declaration that murder 
 committed by certain means or while 
 engaged in commission of felony shall 
 be murder in the first degree, upon 
 right of jury to pass upon the device. 
 12 L.R.A.(N.S.) 935. 
 
 Delay of prosecution caused by failure to 
 have a jury as ground for disfliurirc 
 of accused. 56 L.R.A. 529. 
 
 Effect of consent of defendant in criminal 
 case to proceeding with less than twelve 
 jurors. 46 L.R.A. (N.S.) 38. 
 
 Unauthorized view by juror or jury as 
 
 ground for new 
 L.R.A.1915B, 705. 
 
 trial or reversal. 
 
 Begin with this book on every law question. 
 
 37. separation of jury. 
 Separation of jury generally, see TRIAL. 
 73. 
 
 Permitting separation of jury in capital 
 case. 24 L.R.A.(N.S.) 776. 
 
 Right to permit separation of jury in crim- 
 inal cases, other than capital, 
 after finding but before rendition 
 of verdict. 31 L.R.A.(N.S.) 1005. 
 
 38. withdrawal of juror. 
 
 Withdrawal of juror generally, see TRIAL, 
 18a. 
 
 Power to withdraw juror in criminal cases. 
 
 48 L.R.A. 434. 
 Effect of withdrawal of juror in criminal 
 
 case. 48 L.R.A. 440. 
 
 39. Matters as to judges. 
 
 Remarks or conduct of judge, see APPF.AT, 
 
 AND ERHOK, 38. 
 Disqualification of judge, see JUDGES, 3. 
 
 Right of court to direct a verdict of guilty. 
 
 22 L.R.A.(N.S.) 304. 
 When temporary absence of judge during 
 
 trial is fatal. 41 L.R.A. 569. 
 Statute reducing number of presiding 
 
 judges at criminal trial as ex post 
 
 facto law. 37 L.R.A.(N.S.) 567. 
 Delegation of power to receive verdict in 
 
 criminal case. L.R.A.1917E, 1090. 
 
 40. Power of public prosecutor to 
 dismiss prosecution. 
 
 The origin and nature of the power. 35 
 
 L.R.A. 701. 
 The power absolute, when and where. 35 
 
 L.R.A. 701. 
 The power limited by the will of the court. 
 
 when and where. 35 LR.A. 705. 
 The court may advise, but cannot compel, 
 the exercise of the power. 35 L.R.A. 
 708. 
 
 The power limited by the will of the ac- 
 cused, when. 35 L.R.A. 709. 
 The power exercised toward one of several. 
 
 35 L.R.A. 710. 
 
 The power to correct the indictment or in- 
 formation by dismissal as to a 
 part. 35 L.R.A. 712. 
 
 The power absolute after new trial granted, 
 or appeal taken. 35 L.R.A. 716.
 
 INDEX TO L.R.A. NOTES. 
 
 34f> 
 
 CRIMINAL LAW, IV. a cont'd 
 
 The power of the reviewing court. 35 
 L.R.A. 716. 
 
 The power to recall the dismissal of the 
 prosecution. 35 L.R.A. 716. 
 
 Necessity of the consent of court to entry 
 of nolle prosequi in a criminal case. 
 45 L.R.A.(N.S.) 1123. 
 
 Right of public prosecutor to have prelim- 
 inary examination before magistrate 
 dismissed. L.R.A.1918C, 209. 
 
 41. Effect of conviction or acquittal 
 generally. 
 
 Former conviction as a bar, see infra, 
 
 59-64. 
 Effect of, to revoke liquor license, see infra, 
 
 74. 
 Civil death resulting from conviction, see 
 
 CIVIL DEATH. 
 As ground for divorce, see DIVORCE AND 
 
 SEPARATION, 29. 
 
 Acquittal or discharge on criminal charge 
 as evidence of want of probable cause 
 in action for malicious prosecution. 
 64 L.R.A. 474. 
 
 Effect of conviction on marriage. 31 
 L.R.A. 515. 
 
 As ground of disbarment of attorney. 19 
 L.R.A. (NS.) 892. 
 
 For other crime, effect on admissibility of 
 evidence of such crime. 62 L.R.A. 341. 
 
 42. Insanity after commission of 
 criminal act. 
 
 Criminal responsibility of insane person, 
 see supra, 8-10. 
 
 Sentence and imprisonment of insane per- 
 son, see infra, 72. 
 
 Effect; generally. 38 L.R.A. 577. 
 
 Question when and how raised. 38 L.R.A. 
 578. 
 
 Test of insanity which will prevent trial. 
 38 L.R.A. 579. 
 
 Determination as to submission of issue. 
 38 L.R.A. 580. 
 
 Disposition of the issue. 38 L.R.A. 582. 
 
 Effect of the determination. 38 L.R.A. 585. 
 
 Insanity after verdict. 38 L.R.A. 587. 
 
 Insanity after judgment. 38 L.R.A. 588. 
 
 Appeals. 38 L.R.A. 589. 
 
 Effect of recovery. 38 L.R.A. 590. 
 
 Method of raising insanity supervening aft- 
 er conviction. 10 L.R.A.(N.S.) 1129. 
 
 fe. Protection and rights of accused 
 generally. 
 
 43. Generally. 
 
 Right to trial by jury in criminal prosecu- 
 tion, see JURY, 5. 
 
 Number and agreement of jurors necessary 
 to verdict, see JURY, 15. 
 
 Right of prosecutrix in bastardy proceed- 
 ings to private counsel. 33 L.R.A. 
 (N.S.) 463. 
 
 Protection of deaf defendant in criminal 
 prosecution. 2 L.R.A.(N.S.) 509. 
 
 Right of indicted person to inspect minutes 
 of grand jury. 27 L.R.A. (N.S ) 558. 
 
 Consult also L~R.A. Digests of Cases. 
 
 CRIMINAL LAW, IV. b cont'd 
 
 Right to limit time of argument for coun- 
 sel of accused. 25 L.R.A. (N.S.) 1027; 
 42 L.R.A. (N.S ) 209. 
 
 Vested right in defense of limitations in 
 criminal actions. 45 L.R.A. 614. 
 
 Right of prisoner to opportunity to con- 
 sult with his attorney. 44 L.R.A.(N.S) 
 1083. 
 
 Right of accused to complain because prose- 
 cution is conducted or assisted by an 
 unofficial member of the bar. 47 L.R.A. 
 (N.S.) 1106. 
 
 Right to take or retain in rogues' gallery 
 picture of one accused of crime. L.R.A. 
 1916A, 743. 
 
 44. Public trial; misconduct of spec- 
 tator. 
 
 Right to public trial. 14 L.R.A. 809. 
 
 Right of court to exclude public from court 
 room during criminal trial. 9 L R.A. 
 (N.S.) 277; 27 L.R.A.(N.S.) 487; 44 
 L.R.A. (N.S.) 583; L.R.A.1918C, 1168. 
 
 Effect of misconduct of spectator during 
 criminal trial. '12 L.R.A. (N.S.) 98; 
 L.R.A.1918E, 959. 
 
 Permitting hostile crowd in court room a 
 denial of fair trial. 39 L.R.A. (N.S.)" 
 667. 
 
 In case of citizen of Mexico accused of or- 
 ganizing in the United States military 
 expedition against Mexico. L.R.A. 
 1917A, 281. 
 
 45. Delay of prosecution as ground 
 of discharge. 
 
 Where there is no cause for delay. 5ft 
 
 L.R.A. 513. 
 In failing to indict or to file an information. 
 
 56 L.R.A. 515. 
 Where the statutory time has not elapsed. 
 
 56 L.R.A. 518. 
 
 Caused by appeal or error. 56 L.R.A. 518. 
 Where there is a mistrial or new trial. 5& 
 
 L.R.A. 519. 
 Where the indictment is set aside or nolled 
 
 and new indictment found. 56 L.R.A. 
 
 522. 
 
 Where defendant is held under several in- 
 dictments. 56 L R.A. 524. 
 Where there are other defendants. 5 
 
 L.R.A. 525. 
 
 Caused by change of venue. 56 L.R.A. 525. 
 Caused by continuance for evidence. 56- 
 
 L.R.A. 526. 
 
 For want of time to try. 56 L.R.A. 527. 
 In neglecting to provide a prosecuting at- 
 torney or expense money for court. 56 
 
 L.R.A. 528. 
 
 In failing to have a jury. 56 L.R.A. 529. 
 In failing to hold court" 56 L.R.A. 530. 
 "Court" and "term" defined. 56 L.R.A. 531. 
 Where the defendant is not in jail or is out 
 
 on bail. 56 L.R.A. 533. 
 Where the defendant is in the penitentiary. 
 
 56 L.R.A. 534. 
 Caused by acts or condition of accused. 56- 
 
 L.R.A. 535. 
 Presumption that delay is for good cause. 
 
 56 L.R.A. 536.
 
 IXDEX TO L.R.A. NOTES. 
 
 IMM1NAL I.A\V. IV. b cont'd 
 
 Demand as a condition precedent to a dis- 
 charge. 56 L.R.A. 538; 44 L.R.A.(N.S.) 
 871. 
 
 Remedy to obtain discharge. 56 L.R.A. 
 r>.S!l. 
 
 KlT.-ct of discharge. 56 L.R.A. 544. 
 
 Kiulit to a speedy trial of one under con- 
 iiiit>ment for another offense. L.R.A. 
 1915E, 363. 
 
 In case of citizen of Mexico accused of or- 
 Miii/injj in the United States military 
 expedition against Mexico. L.R.A. 
 1917A, 281. 
 
 46. Presence of accused. 
 
 I'ir.-M'iicc of accused at view by jury. 42 
 I. .11. A. 378. 
 
 At time of making of dying declaration. 
 56 L.R.A. 453. 
 
 Necessity of presence of accused at rendition 
 of verdict for misdemeanor. L.R.A. 
 1917B, 346. 
 
 Waiver of presence of one charged with 
 misdemeanor at time of receiving ver- 
 dict. 21 L.R.A.(N.S.) 56. 
 
 Waiver of presence of accused at time of re- 
 ceiving verdict upon trial for felony. 
 14 L.R.A.(N.S.) 603; 32 L.R.A.(N.S.) 
 306; L.R.A.1915D, 817. 
 
 47. Right to meet witnesses. 
 
 Applicability in proceeding to punish crim- 
 inal contempt of rule as to, in criminal 
 cases. L.R.A.1917B, 119. 
 
 Admissibility of testimony given on pre- 
 liminary examination as affected by 
 right of accused to be confronted with 
 witnesses against him. 25 L.R.A. (N.S.) 
 868. 
 
 Statute establishing prima facie rule of 
 evidence as denial of right to be con- 
 fronted with witnesses. L.R.A.1915C, 
 725. 
 
 48. Compulsory process to procure 
 witnesses. 
 
 Power to regulate or restrict constitutional 
 right of defendant in criminal cases to 
 compulsory process to procure attend- 
 ance of witness in his behalf. 8 L.R.A. 
 (N.S.) 509. 
 
 49. Self-crimination. 
 
 Admissibility of confession, see EVIDENCE, 
 
 UL 
 
 Constitutional guaranty against self-incrim- 
 ination; equivalent exemption to wit- 
 ness. 1 L.R.A.(N.S.) 167. 
 
 Use in criminal proceedings of books which 
 one has been required to produce in an- 
 other proceeding as violation of his 
 right against self-crimination. 47 
 L.K.A.(N.S.) 263. 
 
 Who is within protection of provision of 
 Bankruptcy Act as to use in criminal 
 proceedings of testimony given by bank- 
 ruptcy. L.R.A.1917B, 614. 
 
 Effect of statutes prohibiting the use of 
 
 testimony against the witness. 
 L.R.A. 407; 26 L.R.A. 418. 
 
 14 
 
 CRIMINAL LAW, IV. b confd 
 
 By experiment in presence of jury. 15 
 L.R.A. 223. 
 
 Merely demanding that accused produce in- 
 criminating document as violation of 
 his privilege. 35 L.R.A. (N.S.) 1171. 
 
 Power to require one who has caused injury 
 to identify himself. 40 L.R.A.(N.S.) 
 02ft 
 
 Incriminating evidence furnished by defend- 
 ant acting under compulsion. 32 
 L.R.A.(N.S.) 772; L.R.A.1918B, 849. 
 
 Effect of agreement for immunity of accom- 
 plice on his competency as a witness. 
 24 L.R.A. (N.S.) 445. 
 
 Admissibility of schedules filed in Federal 
 bankruptcy proceedings, in prosecution 
 of bankrupt for concealment of prop- 
 erty. 18 L.R.A. (N.S.) 1194. 
 
 Right of officer of a corporation to refuse 
 to turn over its books to a receiver, 
 upon the ground that they have a 
 tendency to incriminate him. 30 L.R.A. 
 (N.g.) 725. 
 
 May records of sales of liquor which a drug- 
 gist is required by law to keep be used 
 as evidence against him in a criminal 
 prosecution. 25 L.R.A. (N.S.) 818. 
 
 False testimony under immunity statute as 
 perjury. 9 L.R.A.(N.S.) 237. 
 
 Conclusiveness of witness's statement that 
 the answer to questions against which 
 he pleads his privilege would tend to 
 criminate him. 24 L.R.A. (N.S.) 165; 
 49 L.R.A. (N.S.) 826. 
 
 Applicability in proceeding in punish crim- 
 inal contempt of rule as to, in criminal 
 cases. L.R.A.1917B, 118. 
 
 50. necessity for claiming protec- 
 tion. 
 
 Necessity of claiming constitutional protec- 
 tion against being compelled to give in- 
 criminating evidence. 4 L.R.A. (N.S.) 
 1144. 
 
 51. use in civil case of informa- 
 tion gained. 
 
 Constitutional protection against. 29 L.R.A. 
 
 811. 
 May self-incriminating testimony elicited 
 
 under an immunity statute be used in 
 
 a civil proceeding. 25 LJI.A. (N.S.) 
 
 622. 
 
 52. admissibility against accused 
 of documents or things taken from 
 him. 
 
 In general. 59 L.R.A. 465; 8 L.R.A. (N.S.) 
 
 762; 34 L.R.A.(N.S.) 58; L.R.A.1915B, 
 
 834; L.R.A.1916E, 716. 
 Constitutional restrictions. 59 L.R.A. 465; 
 
 L.R.A.1916E, 717. 
 Effect of illegal or improper seizure. 59 
 
 L.R.A. 470; 34 L.R.A. (N.S.) 59. 
 Rule as to articles unlawfully possessed, or 
 
 in which the public has an interest. 59 
 
 L.R.A. 472. 
 Shoes taken to compare with tracks. L.R.A. 
 
 Begin iw't/i thin book on every law question. 
 
 1915B, 837.
 
 INDEX TO L.R.A. NOTES. 
 
 34 1 
 
 CRIMINAL LAW, IV. b cont'd 
 
 To what proceedings foregoing rules apply. 
 59 L.R.A. 473. 
 
 Effect of illegality of taking. 34 L.R.A. 
 (N.S.) 59; L.R.A.1915B, 834; L.R.A. 
 1916E, 736. 
 
 Prosecution for carrying concealed weap- 
 ons. 34 L.R.A. (N.S.) 61; L.R.A.1915B, 
 837. 
 
 53. right to compel accused to ex- 
 hibit himself for examination. 
 
 Cases denying the right. 28 L.R.A. 699. 
 Cases asserting the right. 28 L.R.A. 700. 
 Comparison of cases. 28 L.R.A. 703. 
 Waiver of the constitutional exemption. 28 
 
 L.R.A. 703. 
 The English rule. 28 L.R.A. 704. 
 
 54. Right of prisoner to appear un- 
 nianacled at trial. 
 
 In general. 39 L.R.A. 821. 
 
 When justifiable. 39 L.R.A. 822. 
 
 Upon his arraignment and sentence. 39 
 39 L.R.A. 824. 
 
 As a ground of reversal and review. 39 
 L.R.A. 824. 
 
 Provisions of state Constitutions and stat- 
 utes. 39 L.R.A. 825. 
 
 c. Arraignment; plea; motions. 
 
 % 55. Arraignment. 
 
 May defendant be arraigned after com- 
 mencement of trial. 27 L.R.A.(N.S.) 
 1181. f 
 
 56. Pleas. 
 
 Plea of former jeopardy, see infra, IV. d. 
 
 Admissibility in evidence of former plea of 
 guilty. L.R.A.1916E, 640; L.R.A.1918E, 
 92. 
 
 Statute allowing plea of guilty in capital 
 case. 16 L.R.A. 358. 
 
 Plea of guilty under intimidation. 34 
 L.R.A. (N.S.) 257. 
 
 In prosecution under statute enhancing 
 penalty for crime by prior offenders. 34 
 L.R.A." 405; 24 L.R.A.(N.S.) 436; 48 
 L.R.A. (N.S.) 206. 
 
 Duty of court before accepting plea of guilty 
 in capital case. 22 L.R.A. (N.S.) 463. 
 
 May defendant plead after commencement 
 of trial. 27 L.R.A. (N.S.) 1381. 
 
 Right upon plea of guilty to sentence ac- 
 cused without intervention of jury. 35 
 L.R.A.(N.S.) 1146. 
 
 Conclusiveness of plea of guilty in subse- 
 quent civil action. 28 L.R.A. (N.S.) 
 328; L.R.A.1915A, 203. 
 
 Plea of guilty as affecting action for illegal 
 arrest, false imprisonment, or malicious 
 prosecution. 20 L.R.A. (N.S.) 295. 
 
 Manner and time of raising defense of 
 former jeopardy. L.R.A.1917A, 1233. 
 
 56a. plea of nolo contendere. 
 
 Pleadable only by leave of court. 41 L.R.A. 
 
 (N.S.) 71. 
 
 Effect of plea. 41 L.R.A. (N.S.) 71. 
 'Sentence may be entered forthwith. 41 
 
 L.R.A. (N.S.) 72. 
 fonsult also L.R.A. Digests of Cases. 
 
 CRIMINAL LAW, IV. c cont'd 
 Admissibility of evidence in mitigation and 
 
 aggravation of punishment. 41 L.R.A. 
 
 (N.S.) 72. 
 
 Right to use against defendant in another 
 proceeding. 41 L.R.A.(N.S.) 73. 
 
 To impeach defendant as a witness. 41 
 
 L.R.A. (N.S.) 74. 
 Admissibility in a proceeding against a 
 
 third person. 41 L.R.A. (N.S.) 74. 
 Where plea of nolo contendere is permis- 
 sible. 41 L.R.A.(N.S.) 75. 
 Duty of court before accepting plea of 
 
 guilty in capital case. 22 L.R.A. 
 
 (N.S.) 463. 
 
 57. effect of failure to give oppor- 
 tunity to plead. 
 
 Effect upon conviction of failure to give 
 accused an opportunity to plead., 13 
 L.R.A. (N.S.) 811; 45 L.R.A. (N.S.) 664. 
 
 58. Motion in arrest. 
 
 Amendment of record to cure defect in in- 
 dictment for which motion in arrest 
 of judgment has been made. 67 L.R.A. 
 182. 
 
 Mistake as to name of juror in criminal 
 case as ground for arrest of judgment. 
 47 L.R.A. (N.S.) 714. 
 
 Raising objection of duplicity in indict 
 ment by motion in arrest of judgment. 
 49 L.R.A. (N.S.) 456. 
 
 d. Former jeopardy. 
 
 59. Generally. 
 
 Manner and time of raising defense of for- 
 mer jeopardy. L.R.A.1917A, 1233. 
 
 Decision as to, as a Federal question. 62 
 L.R.A. 530. 
 
 Question whether suit for statutory penal- 
 ty is a civil or criminal prosecution as 
 affecting former jeopardy. 27 L.R.A. 
 (N.S.) 752. 
 
 Validity, under constitutional provision for- 
 bidding second jeopardy, of statute au- 
 thorizing injunction against commis- 
 sion of crime. 2 L.R.A. (N.S.) 1111. 
 
 Trial under erroneous theory as to crime 
 charged as former jeopardy. 24 L.R.A. 
 (N.S.) 481. 
 
 Acquittal of crime as a bar to a subsequent 
 prosecution of defendant for perjury 
 committed on the former triaL 39 
 L.R.A.(N.S.) 385; L.R.A.1917B, 743. 
 
 Former jeopardy in retrial for substantive 
 offense after setting aside verdict for 
 attempt. 44 L.R.A. (N.S.) 1047. 
 
 Defective or void sentence or judgment as 
 basis of plea of former jeopardy. L.R.A. 
 1915A, 526. 
 
 Conviction under municipal ordinance as 
 bar to prosecution under state stat- 
 utes, "and vice versa. 17 L.R.A. ( N.S. ) 
 69. 
 
 Conviction or acquittal of marital offense 
 as bar to a subsequent prosecution. 40 
 L.R.A. (N.S.) 615.
 
 348 
 
 INDKX '10 L.R.A. NOTES. 
 
 CRIMINAL LAW. IV. d cont'd 
 
 Conviction or acquittal of a sexual offense as 
 a bar to a prosecution for a similar of- 
 fense with or against the same person 
 at a different time. L.R.A.1917D, 731. 
 
 Former jcopardv in case of sexual offenses. 
 L.R.A.1915A, 256. 
 
 Does impaneling jury and proceeding with 
 the trial, without arraigning defend- 
 ant, place him in jeopardy. 27 L.R.A. 
 (N.S.) 137. 
 
 Docs jeopardy attach where trial is begun 
 with unsworn jury. 40 L.R.A.(N.S.) 
 1213. 
 
 Trial of insane person as former jeopardy. 
 35 L.R.A.(N.S.) 470. 
 
 Right to have claim of former jeopardy de- 
 termined in habeas corpus proceeding. 
 15 L.R.A.(N.S.) 227. 
 
 Collateral attack on former conviction or 
 acquittal for fraud not affecting juris- 
 diction. 36 L.R.A.(N.S.) 985. 
 
 Judgment in criminal action as res judicata 
 in civil action. 11 L.R.A.(N.S.) 653; 
 
 Judgment on voluntary or collusive appear- 
 ance as bar to subsequent prosecution. 
 L.R.A.1918A, 1181. 
 
 Increasing severity of punishment for sec 
 ond or subsequent offense. 34 L.R.A. 
 400; 48L.R.A.(N.S.) 204. 
 
 8 60. Different offenses in same trans- 
 action. 
 
 When trial is stopped for purpose of prose- 
 cution of higher or different offense. 
 44 L.R.A. (N.S.) 617. 
 
 Conviction or acquittal of one of the sub- 
 stantive offenses embraced in a conspir- 
 acy as a bar to prosecution for an- 
 other. L.R.A.1918A, 588. 
 
 Conviction or acquittal of offenses as a bar 
 to prosecution for homicide in com- 
 mission of the offense. 63 L.R.A. 405. 
 
 Conviction on charge of assault as bar to 
 subsequent prosecution for homicide fol- 
 lowing death of victim. 14 L.R.A.. 
 (N.S.) 209. 
 
 Acquittal of larceny as bar to prosecution 
 for forgery in same transaction. 4 
 L.R.A.(N.S.) 402. 
 
 Conviction or acquittal of sale of liquor as 
 a bar to a prosecution for sales made 
 prior to the first indictment. 45 L.R.A. 
 (N.S.) 977. 
 
 Acquittal or conviction upon a charge of 
 burglary or feloniously entering with 
 intent to steal goods of a certain per- 
 son, as a bar to a subsequent prosecu- 
 tion based on the same entry, but 
 charging intent to steal the property 
 of another person. L.R.A. 1915C, 027. 
 
 Former jeopardy in cases of sexual offenses. 
 L.R.A.1915A, 256. 
 
 8 01. Effect of pending appeal. 
 
 Effect of a pending appeal from a convic- 
 tion upon its operation as a bar to an- 
 other prosecution for the same offense 
 23 L.R.A. (N.S.) 596. 
 
 ( KI.M1NAL LAW, IV. d confd 
 
 62. Conviction of lower degree as ac- 
 quittal of higher degree. 
 
 Former jeopardy in retrial on higher charge 
 after setting aside verdict for lower 
 charge. 5 L.R.A. (N.S.) 571; 22 L.R.A. 
 (N.S.) 959. 
 
 Effect of conviction of lower degree in pros- 
 ecution for homicide as acquittal of 
 higher degree. 21 L.R.A.(N.S.) 2U. 
 
 63. Discharge of jury. 
 
 By reason of the discharge of the jury in. 
 the prisoner's absence. 44 L.R.A. (394. 
 
 Effect of discharge of jury upon the dis- 
 covery of prejudice, disqualification, or 
 misconduct of one or more of their 
 number, to sustain a plea of former 
 jeopardy. 14 L.R.A. (N.S.) 548; L.R.A. 
 . 1916E, 1273. 
 
 Discharge of jury because of matter affect- 
 ing witness. L.R.A.1917D, ]148. 
 
 64. Discharge for want of prosecu- 
 tion. 
 
 Effect of second indictment or information 
 for same offense after accused is en- 
 titled to discharge for want of prosecu- 
 tion under first. 11 L.R.A. (N.S.) 257. 
 
 e. froof of corpus delicti. 
 
 65. Generally. 
 
 In general. 68 L.R.A. 33. 
 Order of proof immaterial. 
 
 68 L.R.A. 79, 
 
 Begin with thin book, on every law question. 
 
 Province of court and jury. 68 L.R.A. 79. 
 
 66. What constitutes. 
 
 In general. 68 L.R.A. 34. 
 
 Homicide. 68 L.R.A. 35. 
 
 Larceny. 68 L.R.A. 40; -.28 L.R.A. (N.S.) 
 
 536; L.R.A.1916B, 846. 
 Arson. 68 L.R.A. 41; 16 L.R.A. (N.S.) 285: 
 
 L.R.A.1916D, 1299. 
 Burglary. 68 L.R.A. 41. 
 Other crimes. 68 L.R.A. 41. 
 W 7 hen proof of marriage necessary. 68. 
 L.R.A. 42. 
 
 67. Necessity. 
 
 General rule. 68 L.R.A. 45. 
 
 Arson. 16 L.R.A.(N.S.) 285; L.R.A.1916U, 
 
 1299. 
 
 Homicide. 68 L.R.A. 35, 46. 
 Larceny. 68 L.R.A. 48; 28 L.R.A. (N.S.) 
 
 536; L.R.A.1916B, 846. 
 Other crimes. 68 L.R.A. 49; 1916B, 748; 
 
 1916D, 1299. 
 
 To corroborate confession. 68 L.R.A. 50. 
 False pretenses. 19 L.R.A.(N.S.) 443. 
 
 68. Character and sufficiency. 
 
 General rule. 68 L.R.A. 57. 
 
 Arson. L.R.A. 1916D, 1299. 
 
 Homicide. 68 L.R.A. 57, 73, 75-78; 7 
 
 L.R.A.(N.S.) 181. 
 Embezzlement. L.R.A.1917A, 1289. 
 Larceny. 68 L.R.A. 65; 28 L.R.A.(N.S.> 
 
 537; L.R.A.1916B, 846. 
 False pretenses. 19 L.R.A. (N.S.) 443. 
 Other crimes. 68 L.R.A. 69; L.R A.1916B, 
 
 748.
 
 INDEX TO L.R.A. NOTES. 
 
 349 
 
 CRIMINAL LAW, IV. e confd 
 
 Use of confession in aid of other evidence 
 
 to establish. 68 L.R.A. 73. 
 .Necessity of direct or positive evidence of. 
 
 68 L.R.A. 75. 
 ^Evidence of, tending to connect accused. 
 
 68 L.R.A. 78. 
 
 V. Offenses against different sovereign- 
 ties. 
 
 69. Federal and state or territorial. 
 
 In general. 31 L.R.A. (N.S.) 695. 
 Offenses against state and municipality. 
 
 31 L.R.A.(N.S.) 699. 
 Offenses against different states. 31 L.R.A. 
 
 (N.S.) 709. 
 Military and civil offenses. 31 L.R.A. 
 
 (N.S.) 710. 
 Offenses against legislature and state. 31 
 
 L.R.A.(N.S.) 711. 
 Offenses against courts and state. 31 
 
 L.R.A.(N.S.) 711. 
 
 70. State and municipal. 
 
 Power of municipality to punish what ia 
 also an offense under state 'law. 
 17 L.R.A.(N.S.) 49. 
 
 Right of both state and municipality to 
 convict of violation of Sunday closing 
 laws. 31 L.R.A.(N.S.) 708. 
 
 Validity of municipal ordinance declaring 
 that all or certain classes of offenses 
 denounced by law of state shall be 
 offenses also under the ordinance. 26 
 L.R.A.(N.S.) 493. 
 
 VI. Sentence and imprisonment, 
 a. In general. 
 
 71. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 194. 
 
 Conviction and sentence as ground for di- 
 vorce, see DIVORCE AND SEPARATION, 
 ' 29. 
 
 Fines as punishment, see FINES, 2. 
 
 Habeas corpus to procure release of one 
 improperly confined, see HABEAS COB- 
 PUS. 
 
 Constitutionality of imprisonment for debt, 
 see IMPRISONMENT FOR DEBT. 
 
 Escape from prison, see JAILS AND PRISONS, 
 6. 
 
 Conclusiveness of judgment in criminal ac- 
 tion, see JUDGMENT, 39. 
 
 Punishment in bastardy proceedings, see 
 BASTARDY, 5. 
 
 Punishment for contempt, see CONTEMPT, 
 13. 
 
 Punishment for keeping disorderly house, 
 see DISORDERLY HOUSES, 4. 
 
 Punishment for gambling, see GAMING, 8. 
 
 Punishment for homicide, see HOMICIDE, 
 35. 
 
 Punishment for offenses as to intoxicating 
 liquor, see INTOXICATING LIQUORS, 
 35. 
 
 Consult also L.R.A. Digests of Cases. 
 
 CRIMINAL LAW, VI. a cont'd 
 
 Punishment for larceny, see LARCENY, 12. 
 Punishment for maintaining nuisance, see 
 
 NUISANCES, 31. 
 Punishment for robbery, see ROBBERY, 7. 
 
 Defective or void sentence as basis of plea 
 of former jeopardy. L.R.A.1915A, 526. 
 
 Equal protection as to punishment. 14 
 L.R.A. 584. 
 
 Correction of verdict by court to assess 
 punishment. 23 L.R.A. 726. 
 
 Power to amend commitment or sentence by 
 increasing punishment. 40 L.R.A. 
 (N.S.) '90. 
 
 Necessity of formal commitment to render 
 imprisonment valid. 38 L.R.A. 
 (N.S.) 609. 
 
 Right to admit evidence of value of goods 
 taken or sought to be taken in prose- 
 cution for burglary in order to assess 
 punishment. 34 L.R.A. (N.S.) 249. 
 
 Right of accused to show unchastity of 
 prosecutrix in statutory rape in miti- 
 gation of punishment. 48 L.R.A. (N.S.) 
 278. 
 
 Voluntariness of confession induced by 
 promise of mitigation of punishment. 
 18 L.R.A.(N.S.) 820; 50 L.R.A. (N.S.) 
 1086. 
 
 Asexualization or sterilization of criminals. 
 L.R.A.1918D, 236. 
 
 72. Of insane person. 
 
 Criminal responsibility of insane person, see 
 
 supra, 8-10. 
 Insanity commencing after commission of 
 
 criminal act, see supra, 42. 
 
 Confinement of one acquitted of crime by 
 reason of insanity. 1 L.R.A. (N.S.) 
 540; 25 L.R.A. (N.S.) 946. 
 
 Imprisonment of insane person on acquittal 
 as cruel and unusual punishment, 
 L.R.A.1915C, 565. 
 
 Validity of statute providing for commit- 
 ment of inebriates without their con- 
 sent, to a public or private institution. 
 17 L.R.A.(N.S.) 984. 
 
 Power of court to suspend sentence tem- 
 porarily on suggestion of insanity. 33 
 L.R.A.(N.S.) 115. 
 
 73. Of infant. 
 
 Punishment of infants. 36 L.R.A. 210. 
 
 Commitment of minors to reformatory with- 
 out conviction of crime. 16 L.R.A. 
 691. 
 
 74. Effect of convictions to revoke 
 liquor license. 
 
 Constitutionality of statute by which con- 
 viction of violation of liquor law en- 
 tails revocation of license and prohibi- 
 tion of sale of liquor. 30 L.R.A. (N.S.) 
 1004. 
 
 75. Execution of death sentence. 
 
 Homicide in execution of death sentence. 67 
 L.R.A. 293.
 
 350 
 
 INDEX TO L.R.A. NOTES. 
 
 CRIMINAL LAW. VI. a confd 
 
 KtVect of execution of insured for crime on 
 right to recover life or accident insur- 
 ance. 14 L.R.A. (N.S.) 356; L.R.A. 
 1918A, 898. 
 
 Right ol executive olhcer to fix date of exe- 
 cution in a capital case. 14 L.R.A. 
 (N.S.) 268. 
 
 76. Kccominitiucnt <>i' resentenee. 
 Power to commit after expiration of term 
 
 ut sentence. 19 L.R.A. (N.S.) 1041. 
 Becommitment without further hearing of 
 
 person discharged from insane hospital. 
 
 14 L.R.A.(N.S.) 468. 
 Power of appellate court to resentenee for 
 
 lower degree on reversal of conviction 
 
 of homicide for higher degree. 
 L.RJMN.S.) 20. 
 
 21 
 
 77. Right to compel prisoner to 
 labor. 
 
 The power, generally. 27 L.R.A. 593. 
 Constitutional restrictions. 27 L.R.A. 594. 
 Necessity of express authority. 27 L.R.A. 
 
 595. 
 Exception when labor is a part of the 
 
 prison discipline. 27 L.R.A. 596. 
 Construction of statutes conferring the pow- 
 er generally. 27 L.R.A. 597. 
 Imposition for nonpayment of costs. 27 
 
 L.R.A. 001. 
 Necessity of strict compliance. 27 L.R.A. 
 
 002.^ 
 
 Delegation of the power. 27 L.R.A. 603. 
 Hiring out convicts. 27 L.R.A. 604. 
 Effect of delay in execution of sentence. 27 
 
 L.R.A. 611. 
 Discharge because of inability to pay. 27 
 
 L.R.A. 611. 
 Remedy for improper imposition. 27 L.R.A. 
 
 612. 
 As cruel punishment. 35 L.R.A. 566 ; L.R.A. 
 
 1915C, 562. 
 Ordinance against convict labor in streets. 
 
 39 L.R.A. 680. 
 
 78. Cruel and unusual punishment. 
 
 Constitutional and statutory provisions. 
 
 :C> L.R.A. .-)il. 
 (iciural principles governing punishments. 
 
 35 L.R.A. 561; L.R.A.1915C, 558. 
 Nature of punishments. 35 L.R.A. 564; 
 
 L.R.A.1915C, 560. 
 Punishment for particular crimes. 35 
 
 L.RA. 569; L.R.A.1915C, 565. 
 Extent of United States Constitution. 35 
 
 L.R.A. 578; L.R.A.1915C, 570. 
 Enhancing penalty for crime committed by 
 
 habitual criminals or prior offenders 
 
 as. 34 L.R.A. 400; 35 L.R.A. 579. 
 Asexualization or sterilization of criminals 
 
 or defectives. 41 L.R.A. (N.S.) 419; 
 
 L.R.A.1918D, 236. 
 
 s 79. KflVrt of excessive sentence, 
 (ieneral rule. 45 L.R.A. 137; 51 L.R.A. 
 
 (N.S.) 373. 
 Effect of application for habeas corpus. 45 
 
 L.R.A. 139; 51 L.R.A. (N.S.) 374. 
 
 CRIMINAL LAW, VI. a cont'd 
 
 Effect on appeal, or on writ of error. 45 
 
 L.R.A. 150; 51 L.R.A. (N.S.) 381. 
 On certiorari. 45 L.R.A. 158; 51 L.R.A. 
 
 (N.S.) 388. 
 English, Canadian, and Philippine decisions. 
 
 45 L.R.A. 159; 51 L.R.A. (N.S.) 389. 
 
 80. Cumulative sentences. 
 
 Power to impose generally. 7 L.R.A. (N.S.) 
 124. 
 
 Necessity of specifying that sentences are 
 cumulative. 7 L.R.A. (N.S.) 126. 
 
 Sufficiency and effect of specifications. 7 
 L.R.A.(N.S.) 126. 
 
 Sufficiency of single judgment or sentence. 
 7 L.R.A.(N.S.) 127. 
 
 As affected by deduction of time for good be- 
 havior. "7 L.R.A. (N.S.) 128. 
 
 Effect of reversal or invalidity of first con- 
 viction. 7 L.R.A. (N.S.) 128. 
 
 Cumulative penalties for offense under both 
 municipal ordinance and state statute. 
 
 17 L.RJMN.S.) es. 
 
 8Oa. Indeterminate sentence. 
 As cruel -and unusual punishment. L.R.A. 
 1915C, 560. 
 
 81. Reduction of term for good be- 
 .havior. 
 
 Suspension of sentence for good behavior. 
 14 L.R.A. 285. 
 
 Constitutionality of statutory credits for 
 good behavior. 1 L.R.A. (N.S.) 520. 
 
 Constitutionality of statutes providing 
 therefor. 34 L.R.A. 509. 
 
 Construction and effect of statutes. 34 
 L.R.A. 510. 
 
 Cumulative sentences as affected by de- 
 duction of time for. 7 L.R.A. (N.S.) 
 128. 
 
 Time allowance to prisoner whose sentence 
 has been commuted from life to a 
 term of years. L.R.A.1915B, 95. 
 
 82. Place of imprisonment. 
 
 Designation of wrong place of imprison- 
 ment as ground for discharge upon 
 habeas corpus. ' 13 L.R.A. (N.S.) 518. 
 
 Delegation of power to determine place of 
 confinement of prisoners committed for 
 crime. 42 L.R.A. (N.S.) 978. 
 
 83. Enhancing penalty when crime 
 committed by habitual criminals or 
 prior offenders. 
 
 Validity of statutes and ordinances. 34 
 
 L.R.A. 398; 24 L,R.A.(N.S.) 432: 48 
 
 L.R.A.(N.S.) 204. 
 
 Construction and ,effect of statutes. 34 
 
 L.R.A. 400; 24 L.R.A. (N.S.) 433. 
 
 Identity of offenses. 34 L.R.A. 404; 24 
 
 L.R.A.(N.S.) 434; 48 L.R.A.(N.S.) 205. 
 Necessity of alleging former conviction. 48 
 
 L.R.A. (N.S.) 205. 
 Pleas. 34 L.R.A. 405; 48 L.R.A. (N.S.) 
 
 206. 
 Time of conviction of first offense. 48 
 
 L.R.A.(N.S.) 206. 
 Proof. 34 L.R.A.- 406; 48 L.R.A. (N.S.) 
 
 Begin with this boofc on every Ian- question. 
 
 206.
 
 INDEX TO L.R.A. NOTES. 
 
 351 
 
 CRIMINAL LAW, VI. a cont'd 
 Availability of same convictions for different 
 
 prosecutions. 48 L.R.A. (N.S.) 207. 
 Verdict and judgment. 34 L.R.A. 407; 48 
 
 L.R.A.(N.S.) 207. 
 
 Miscellaneous. 48 L.R.A. (N.S.) 207. 
 Increased punishment for second offense as 
 
 cruel and unusual punishment. 35 
 
 L.R.A. 579. 
 
 84. Suspension of sentence. 
 
 Power of court to suspend sentence or stay 
 execution of sentence. 33 L.R.A. (N.S.) 
 112; 39 L.R.A.(N.S.) 242; L.R.A. 
 1915C, 1169; L.R.A.1918C, 551. 
 
 What is "good behavior" within condition of 
 suspended sentence. L.R.A.1918D, 697. 
 
 Effect of suspension of sentence upon right 
 to vote. 18 L.R.A. (N.S.) 684. 
 
 b. Parole; pardon. 
 
 85. Generally. 
 
 Validity of contract to procure pardon, 
 parole or commutation of sentence. 
 L.R.A.1916D, 580. 
 
 Constitutionality of restrictions upon gov- 
 ernor's pardoning power. L.R.A.1915F, 
 519. 
 
 Power of court to inquire into the motives 
 of the governor in exercising the par- 
 doning power. 52 L.R.A. (N.S.) 113. 
 
 Pardon by lieutenant governor or governor 
 pro tern. 47 L.R.A. (N.S.) 1036. 
 
 Right to recall pardon. 22 L.R.A. (N.S.) 
 238. 
 
 Power of municipal authorities to remit 
 penalties or punishment for violation 
 of municipal ordinances. 38 L.R.A. 
 (N.S.) 106. 
 
 Voluntariness of confession induced by 
 promise of. 18 L.R.A. (N.S.) 823. 
 
 86. Parole; conditional pardon. 
 
 Prisoner under parole as fugitive subject to 
 extradition. 51 L.R.A. (N.S.) 672. 
 
 Constitutionality of statutes establishing 
 parole system. L.R.A.1915F, 531. 
 
 Conditional pardons and parole of prisoner. 
 14 L.R.A. 285. 
 
 Power to impose in pardon conditions ex- 
 tending beyond term of sentence. 5 
 L.R.A. (N.S.) 1064; 20 L.R.A. (N.S.) 
 337; 26 L.R.A. (N.S.) 110. 
 
 Is time prisoner is out on parole or condi- 
 tional pardon to be deducted from term 
 of sentence. 16 L.R.A. (N.S.) 304. 
 
 Release on parole as affecting right to 
 habeas corpus. 35 L.R.A. (N.S.) 882. 
 
 Revocation for condition broken, of condi- 
 tional pardon or parole, without notice 
 or hearing. L.R.A.1915F, 541. 
 
 One on parole under conviction in the 
 asylum state as subject to extradition. 
 L.R.A.1918D, 680. 
 
 87. Legislative power to grant. 
 
 After conviction. 34 L.R.A. 251. 
 Before conviction. 34 L.R.A. 252. 
 Incidental or implied pardon. 34 L.R.A. 
 
 254. 
 Consult also L.R.A. Digests of Cases. 
 
 CRIMINAL LAW, VI. b cont'd 
 88. Effect of pardon. 
 
 Effect of pardon granted after verdict and 
 before sentence, or pending appeal. 
 L.R.A.1917B, 570. 
 
 Pardon or commutation of sentence as af- 
 fecting competency of witness convicted 
 of crime. 47 L.R.A. (N.S.) 206. 
 
 Pardon or commutation as affecting proof 
 of conviction to impeach credibility of 
 witness. 47 L.R.A. (N.S.) 215. 
 
 Pardon as affecting enhanced punishment 
 for later offense. 34 L.R.A. 402; 24 
 L.R.A. (N.S.) 435. 
 
 Effect of pardon or commutation of sen- 
 tence on conjugal rights. 7 L.R.A. 
 (N.S.) 272. 
 
 Effect of pardon on right to disbar attorney 
 convicted of felony. 16 L.R.A.(N.S.) 
 272. 
 
 Effect of pardon of husband or wife upon 
 marriage relation. 31 L.R.A. 519. 
 
 Effect of pardon on civil liability for libel 
 or slander. 21 L.R.A. 503; 31 L.R.A. 
 (N.S.) 147. 
 
 89. on fine, forfeiture, or costs. 
 
 On fines and forfeitures. 15 L.R.A. 395. 
 On costs. 15 L.R.A. 396; 43 L.R.A.(N.S.) 
 207. 
 
 VII. Record; validity of conviction. 
 
 9O. Generally. 
 
 Failure of record to show that grand jury 
 was sworn. 49 L.R.A. (N.S.) 1215. 
 
 CRIMINAL LIABILITY. 
 
 See CRIMINAL LAW, III. 
 
 CRIMINAL NEGLIGENCE. 
 
 See CBIMINAL LAW, 30; HOMICIDE, 15. 
 
 CRIMINALS. 
 
 In general, see CRIMINAL LAW. 
 Competency of, as witness, see WITNESSES, 
 10. 
 
 CRIMINATION OF SELF. 
 
 See CRIMINAL LAW, 49-53. 
 
 CRIPPLE. 
 
 Duty of carrier to accept sick or disabled 
 passenger, see CARRIERS, 40.
 
 INDEX TO L.R.A. NOTES. 
 
 < KITK ISM. 
 
 Libel by, see Lnu i VM> SLANDER, 15. 
 
 Of decision or opinion after case has been 
 determined as contempt or ground for 
 disbarment. 17 L.R.A.(N.S.) 572. 
 .nal Criticism of or insult to court 
 because of decision after determination 
 of cause as ground for contempt or 
 disbarment, 17 L.R.A.(N.S.) 585. 
 
 CROPPERS. 
 
 As tenants. 4 L.R.A.(N.S.) 698. 
 
 Levy on cropper's share of crops. 23 L.R.A. 
 '260. 
 
 Persons cultivating land on shares as inde- 
 pendent contractors. 65 L.R.A. 469. 
 
 Measure of damages for breach of cropping 
 contract. L.R.A.1918B, 1056. 
 
 Measure of damages for forcing from prem- 
 ises. 38 L.R.A.(N.S.) 714. 
 
 Cropper's abandonment of crop as affecting 
 rights and interests therein. 46 
 L.R.A. (N.S.) 53. 
 
 Right of cropper to maintain replevin for 
 crops. L.R.A.1917C, 1114. 
 
 Right of cropper to sell or mortgage crops. 
 L.R.A.1917C, 33. 
 
 CROPS. 
 
 % 1. Generally. 
 
 Agreement as to, within statute of frauds, 
 see CONTRACTS, 44. 
 
 Measure of damages for injury to, see DAM- 
 AGES. 74. 
 
 Relief as to. in ejectment, see EJECTMENT, 
 12. 
 
 Exemption of crops grown on homestead, 
 see HOMESTEAD, 6. 
 
 On public land, see PUBLIC LANDS, 9, 10. 
 
 Specific performance of contract as to. 
 L.R.A.1918E, 625. 
 
 Injunction to prevent interference with land 
 during seeding or harvesting time. 
 L.R.A.1918B, 413. 
 
 Does guaranty of value of crops constitute 
 insurance. 47 L.R.A. (N.S.) 296. 
 
 Time allowed tenant for removal of crop. 
 3f> L.R.A. (N.S.) 707. 
 
 Crops grown on homestead, or proceeds 
 thereof, as exempt. 32 L.R.A. (N.S.) 
 577. 
 
 When may notice of application for appoint- 
 ment of receiver of growing crop be 
 dispensed with. 11 L.R.A. (N.S.) 960. 
 
 Validity and construction of statutory 
 regulations as to infected crops. 43 
 L.R.A.(N.S.) 1080; L.R.A.1915F, 894. 
 
 As subject of larceny. 49 L.R.A. (N.S.) 
 966, 969. 
 
 2. Right or title to. 
 
 Tenant's rights as to, see LANDLORD AND 
 
 TENANT, 52. 
 Right to, as between vendor and purchaser, 
 
 see VENDOR AND PURCHASER, 8. 
 
 CROPS cont'd 
 
 Right of lessee of life tenant to, on death 
 of latter. 11 L.R.A. (N.S.) 688. 
 
 In case of estate by entireties. 30 L.R.A. 
 308. 
 
 Right as between successful plaintiff and 
 evicted defendant to crops unsevered 
 at time of iinal judgment. 23 L.R.A. 
 (N.S.) 531. 
 
 Right of one who buys or makes lawful 
 entry on public land to crops placed 
 thereon by another. 70 L.R.A. 7!)!). 
 
 Right to vegetation growing in highway. 
 33 L.R.A.(N.S.) 1053. 
 
 Title by accession to crops wrongfully sev- 
 ered. 32 L.R.A. 422. 
 
 Title of mortgagee of future or growing 
 crops. L.R.A.1917C, 11. 
 
 Rights and remedies of owner of land in 
 respect of crops grown thereon by one 
 not in privity with him. L.R.A.1918A, 
 550. 
 
 2a. Abandonment of. 
 
 Tenant's or cropper's abandonment of crop 
 as affecting rights and interests there- 
 in. 46 L.R.A.(N.S.) 53. 
 
 3. Levy on. 
 
 Levy on, see LEVY AND SEIZURE, 9. 
 
 4. Lien on. 
 
 Chattel mortgage on crops, see CHATTEL 
 MORTGAGE, 11. 
 
 Attempt to enforce lien under clause in 
 lease giving landlord lien on crops as 
 election to prevent its enforcement as 
 a chattel mortgage. 20 L.R.A. (N.S.) 
 259. 
 
 5. Sale of. 
 
 Statute of frauds as to, see CONTRACTS, 
 44. 
 
 Sale of future crops. 23 L.R.A. 449 ; L.R.A. 
 1917C, 8. 
 
 Contract for crops to be raised, as a sale. 
 14 L.R.A. 233. 
 
 Sufficiency of designation of part of grow- 
 ing crops for purposes of sale. 20 
 L.R.A.(N.S.) 30. 
 
 Must contracts for sale of growing crops be 
 in writing. 23 L.R.A.(N.S.) 1218; 
 L.R.A.1917C, 20. 
 
 6. Replevin or trover for. 
 
 Right of tenant or cropper to maintain re- 
 plevin for crops. L.R.A.1917C, 1114. 
 
 Right to maintain replevin for several crops 
 by or against one in adverse posses- 
 sion of land. 69 L.R.A. 737. 
 
 Trover for crops. 23 L.R.A. 471. 
 
 Jurisdiction of action for conversion of, 
 from land in another state or country. 
 26 L.R.A. (N.S.) 940; 34 L.R.A. (N.S.) 
 994; 44 L.R.A.(N.S.) 268. 
 
 CROSS. 
 
 Insurable interest in. L.R.A.1917A, 485. Tn marking of ballot, see ELECTIONS, 21. 
 Bruin irith thin booh on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 353 
 
 CROSS APPEALS. 
 
 Conclusiveness of prior decisions on appeal 
 as to. 34 L.R.A. 335. 
 
 CROSS BILLS. 
 
 See PLEADING, 39. 
 
 CROSS ERRORS. 
 
 See APPEAL AND ERBOR, 23c. 
 
 CROSS-EXAMINATION. 
 
 Of witnesses, see WITNESSES, 31-38. 
 
 CROSSING. 
 
 As to railroad crossing, see RAILROADS, S 
 29-33, 58-65, 81-84. 
 
 CROSSING OUT. 
 
 Alteration pf instrument by crossing out 
 material provision without substituting 
 new matter. 32 L.R.A. (N.S.) 519. 
 
 CROSSWALKS. 
 
 Duty to remove snow or ice from. 20 
 
 L.R.A. (N.S.) 656; 39 L.R.A. (N.S.) 
 
 1167. 
 Liability of municipality for injuries from 
 
 unevenness in crosswalk. 29 L.R.A. 
 
 (N.S.) 180; 20 L.R.A. (N.S.) 513; 43 
 
 L.R.A.(N.S.) 1158. 
 
 CROWBARS. 
 
 Master's liability for injury by defect in. 
 13 L.R.A. (N.S.) 680. 
 
 CROWD. 
 
 Carrier's liability for overcrowded cars, 
 
 see CARRIERS, 74. 
 See also CRUSH. 
 
 Liability of carrier for personal injury to 
 passenger by crowd at station or stop- 
 ping place. 32 L.R.A. (N.S.) 470. 
 
 Dutv of carrier to protect live stock from 
 injury by crowding. 39 L.R.A. (N.S.) 
 642. 
 
 Consult also L.R.A. Digests of Cases. 23 
 
 Liability of owner of vacant property per- 
 mitting it to be used in such a way as 
 to attract crowds to injurv of neighbor- 
 hood. 11 L.R.A.(N.S.) 463. 
 
 Assault with intent to murder or kill by 
 shooting into crowd. 37 L.R.A. (NS) 
 173. 
 
 Permitting hostile crowd in court room as 
 denial of fair trial. 39 L.R.A. (NS) 
 667. 
 
 Proximate cause of injury where one person 
 is pushed against another. L.R.A 
 1917E, 275. 
 
 CROWN. 
 
 Crown grants in America of right to fish. 
 60 L.R.A. 489. 
 
 CRUDE OIL. 
 
 Effect on rights of innocent mortgagee of 
 seizure of oil under internal revenue 
 laws. L.R.A.1916E, 352. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 CRUEL AND UNUSUAL PUNISH- 
 MENT. 
 
 See CRIMINAL LAW, 78. 
 
 CRUELTY. 
 
 To animals, see ANIMALS, 23. 
 
 As ground for divorce, see DIVORCE, 25. 
 
 Evidence of fellow servant's cruelty, in ac- 
 tion by injured servant. 14 L.R.A. 
 (N.S.) 772. 
 
 Of husband or wife, insanity as affecting. 
 34 L.R.A. 164. 
 
 Effect of, on parent's right to custody of 
 child. 41 L.R.A.(N.S.) 590, 604. 
 
 CRUSH. 
 
 See also CROWD. 
 
 njury by crush in entering car at elevated 
 or subway station. 7 L.R.A. (N.S.) i 
 729; 51 LJl.A.(N.S.) 1152. 
 
 CULM. 
 
 burning culm, as a 
 (N.S.) 244. 
 
 nuisance. 48 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 CULTIVATION. 
 
 AB condition of patent under Federal home- 
 ,,1 .-ntry. 42 L.R.A.(N.S.) 752. 
 
 CULVERTS. 
 
 Municipal liability for overflow through in- 
 sufficiency of. 59 L.R.A. 855. 
 
 As defect in highway for which township 
 is liable. 13 L.R.A.(N.S.) 1246. 
 
 Necessity of notice to purchasing railroad 
 company to construct, where road was 
 originally constructed without them. 
 12 L.R.A. (N.S.) 571. 
 
 Duty of railroad to fence as requiring bar- 
 rier across culvert or under bridge. 
 5 B. R. C. 182. 
 
 Duty of railroad company to maintain safe- 
 guards to prevent employees from fall- 
 ing off or through culverts. 50 L.R.A. 
 (N.S.) 549. 
 
 CUMBERLAND CHURCH. 
 
 See RELIGIOUS SOCIETIES. 
 
 CUMULATIVE DIVIDENDS. 
 
 On preferred stock, see CORPORATIONS, 
 100. 
 
 CUMULATIVE EVIDENCE. 
 
 As ground for new trial, see NEW TBIAL, 
 11. 
 
 CUMULATIVE FINES. 
 
 In loan association. 35 L.R.A. 219. 
 
 CUMULATIVE PENALTIES. 
 
 For failure of carrier to provide separate 
 accommodations for white and colored 
 persons. L.R.A.1917B, 548. 
 
 CUMULATIVE REMEDIES. 
 
 Certiorari and appeal. 50 L.R.A. 793. 
 
 rr.M ri- ATIVK SENTIENCE. 
 
 CURATIVE ACT. 
 
 In general, see CONSTITUTIONAL LAW. 
 9, 10. 
 
 Statutes legalizing invalid municipal con- 
 tracts, see MUNICIPAL CORPORATIONS, 
 56. 
 
 Power to cure unconstitutional act by 
 amendment, see STATUTES, 30. 
 
 Effect of curative statute on effect of inser- 
 tion of unauthorized provisions in 
 statutory bond. L.R.A.1917B, 997. 
 
 CURATIVE DEED. 
 
 Curing statutory defects in map or plat by 
 conveyance with reference to it. 42 
 L.R.A.(N.S.) 587. 
 
 CURATOR AD HOC. 
 
 Admissions and waivers by. 32 L.R.A. 686, 
 688. 
 
 CURRENCY. 
 
 Meaning of term. 31 L.R.A. (N.S.) 240. 
 Special contracts and obligations to make 
 
 payments in gold or silver. 29 L.R.A. 
 
 512. 
 Validity of contract for token currency in 
 
 violation of statute. 12 L.R.A. (N.S.) 
 
 610. 
 Character of condition of currency tendered 
 
 in payment of fare. 35 L.R.A.(N.S.) 
 
 1030. 
 
 CURRENT EXPENSES. 
 
 As an indebtedness within municipal limi- 
 tation of indebtedness. 23 L.R.A. 406. 
 
 CURSING. 
 
 As disturbance of public peace. 32 L.R.A. 
 (N.S.) 505. 
 
 See CRIMINAL LAW, 80. 
 
 I'.cf/in tritJt (Jiix book on every law question. 
 
 CURTESY. 
 
 g 1. Generally. 
 
 Constitutionality of statutes as to. see CON- 
 STITUTIONAL LAW, 65. 
 
 Succession tax upon. L.R.A. 1916C, 675. 
 Bar of curtesy by adverse possession. 52 
 
 L.R.A.(N.S.)*535. 
 Adverse possession against tenant by the 
 
 curtesy and remainderman. 19 L.R.A. 
 
 841. ' 
 Right of alien to take estate by, under alien 
 
 statutes. 7 L.R.A. (N.S.) 659.
 
 INDEX TO L.K.A. NOTES. 
 
 CURTESY cont'd x#.K 
 
 Effect upon curtesy of death of issue before 
 
 seisin by wife. 20 L.R.A.(N.S.) 825. 
 Power of legislature to destroy. 19 L.R.A. 
 
 256. 
 
 2. In what. 
 
 To what estate tenancy by the curtesy at- 
 taches. 11 L.R.A. 826. 
 
 Right of curtesy in determinable fee. 20 
 L.R.A. (N.S.) 858. 
 
 Curtesy in equity of redemption. 20 L.R.A. 
 (N.S.) 454. 
 
 Right of tenant by the curtesy in partner- 
 ship real estate. 27 L.R.A. 340. 
 
 Husband's right of curtesy in property con- 
 veyed by him to his wife. 69 L.R.A. 
 375; 23 L.R.A.(N.S.) 776. 
 
 3. Rights of tenant by. 
 
 Rights of husband as tenant by the curtesy 
 initiate. L.R.A.1915D, 996. 
 
 Right of tenant by curtesy to contest wife's 
 will. L.R.A.1918A, 466. 
 
 Mineral rights of tenant by. 36 L.R.A. 
 (N.S.) 1099. 
 
 Rights of tenant by, as to oil and gas. 36 
 L.R.A.(N.S.) 1108. 
 
 Curtesy rights as affecting marketability 
 of title. 38 L.R.A.(N.S.) 33. 
 
 Husband's insurable interest in wife's prop- 
 erty as tenant by the curtesy. 66 
 L.R.A. 659; 45 L.R.A.(N.S.) 1131. 
 
 4. L<evy on property held by. 
 
 Levy on estate by. 23 L.R.A. 648. 
 As subject of attachment or levy on execu- 
 tion. 30 L.R.A. (N.S.) 118. 
 
 5. Tax on land held by. 
 
 Effect of tax sale of land held by tenant 
 
 by curtesy. 32 L.R.A. 808. 
 Duty of tenant by, to pay taxes. 32 L.R.A. 
 
 748. 
 Succession tax on curtesy. 29 L.R.A. (N.S.) 
 
 428. 
 
 CURTILAGE. 
 
 Constitutional or statutory exemption of 
 dwelling house from condemnation pro- 
 ceedings as including the curtilage. 
 L.R.A.1916A, 1102. 
 
 CURVES. 
 
 Discharging street car passenger on. L.R.A. 
 
 1915C, 609. 
 Presumption of negligence from injury to 
 
 passenger while passing over curve. 
 
 13 L.R.A. (N.S.) 615; 29 L.R.A. (N.S.) 
 
 815; L.R.A.1916C, 376. 
 Consult also L.R.A. Digests of Cases. 
 
 CUSTODIAN. 
 
 Tender of railroad fare by. 31 L.R.A. ( N.S. ) 
 
 995; L.R.A.1915E, 313. 
 Ejection of, for nonpayment of child's fare. 
 
 38 L.R.A. 140. 
 Liability of, for assault by punishment of 
 
 child. 21 L.R.A. (N.S.) 216. 
 
 CUSTODY. 
 
 Di- 
 
 Of children of divorced persons, see 
 VORCE AND SEPARATION, 55, 56. 
 Of infant generally, see INFANTS, 6-10. 
 
 Of convicts compelled to labor. 27 L.R.A. 
 609. 
 
 Of holographic will. 37 L.R.A. (N.S.) 842. 
 
 Uncontradicted statement in presence of ac- 
 cused while in custody as confession or 
 admission. 25 L.R.A. (N.S.) 558; 42 
 L.R.A.(N.S.) 892. 
 
 CUSTODY OF LAW. 
 
 1. Generally. 
 
 Money in court, see MONEY IN 'CouBT. 
 Replevin of property in, see REPLEVIN, 
 9, 10. 
 
 Maritime lien on vessel in custody of law. 
 70 L.R.A. 391. 
 
 Effect of property being in custodia legis on 
 right to enforce payment of delinquent 
 taxes. 17 L.R.A.(N.S.) 465. 
 
 Mandamus to compel officer to dispose of 
 property as directed by court. 31 
 L.R.A. (N.S.) 664. 
 
 Failure or refusal to deliver to trustee 
 money or property belonging to bank- 
 rupt in custody of law as contempt of 
 court. 23 L.R.A.(N.S.) 261. 
 
 2. Seizure or sale of property in. 
 
 Right to sell property while in custody of 
 law. 1 L.R.A.(N.S.) 1055. 
 
 Claiming, or taking possession of, property 
 from officer who has seized it under a 
 writ. 47 L.R.A.(N.S.) 1146. 
 
 3. judicial seizure or sale. 
 
 Liability of property in, to levy, see LEVY 
 AND SEIZURE, ' 6, 7. 
 
 Right to garnish or attach proceeds of 
 execution sale in the hands of the sher- 
 iff. 43 L.R.A.(N.S.) 571. 
 
 Equitable remedy to subject property in, to 
 judgment after return of no property 
 found. 63 L.R.A. 673. 
 
 Injunction against execution sale of prop- 
 erty in. ' 30 L.R.A. 103. 
 
 CUSTOM AND USAGE. 
 
 1. Generally. 
 
 Judicial notice of, see EVIDENCE, 6. 
 Parol evidence as to, see EVIDENCE, 161.
 
 356 
 
 INDEX TO L.R.A. NOTES. 
 
 CUSTOM AND USAGE cont'd. 
 Admissibility of evidence as to, see Evi- 
 
 , 247. 
 
 Admishibility of evidence of custom to 
 
 create an exception to written contract. 
 
 3 L.R.A.(N.S.) 248. 
 To notify consignor of consignee's refusal to 
 
 accept goods or pay freight. L.R.A. 
 
 1917C, 1127. 
 That grantee or successor in interest shall 
 
 contribute to cost of party wall. 66 
 
 L.R.A. 702. 
 To permit fall of land by removal of lateral 
 
 or subjacent support. 68 L.R.A. 693. 
 Effect of street car using tracks contrary 
 
 to custom on liability for collision. 42 
 
 L.R.A.(N.S.) 1194. 
 Effect of, on question of right of way as 
 
 between street car and vehicle at point 
 
 where streets bisect or intersect. 49 
 
 L.R.A.(N.S.) 512. 
 Effect of, to empower agent to employ sub- 
 
 agent. L.R.A.1918F, 727. 
 Effect of custom or usage on liability of 
 
 one accused of larceny who claims to 
 
 have taken the property in good faith. 
 
 41 L.R.A.(N.S.) 554. 
 Divorce according to Indian custom. 35 
 
 L.R.A.(N.S.) 795; L.R.A.1917D, 574. 
 Proof of agency by evidence of similar acts 
 
 by alleged agent. 17 L.R.A.(N.S.) 219. 
 Right of witness to express opinion as to 
 
 habits or conduct. L.R.A.1918A, 678. 
 
 2. As to negligence. 
 Of servant, see infra, 4. 
 
 Admissibility of evidence of, on question of 
 
 negligence or contributory negligence. 
 
 10 L.R.A. 366;* 41 L.R.A.(N.S.) 683. 
 Admissibility of evidence as to habits or 
 
 custom of one injured or killed on the 
 
 question of his own negligence or free- 
 
 dom from negligence. L.R.A.1916B, 
 
 827. 
 Of person injured, as affecting recovery 
 
 from one negligently causing the in- 
 
 jury. 48 L.R.A.(N.S.) 119. 
 Right of one on railroad track to rely on 
 
 custom to move trains on certain track 
 
 only in one direction. L.R.A.1916D, 
 
 706. 
 Effect of custom or habit on contributory 
 
 negligence in attempting to cross train 
 
 standing on a crossing. 13 L.R.A. 
 
 (N.S.) "1068. 
 Effect of custom or habit on duty towards 
 
 person attempting to cross train ob- 
 
 structing crossing. 13 L.R.A. (N.S.) 
 
 1076. 
 Evidence of habits of person injured or 
 
 killed as affecting damages. 1 L.R.A. 
 
 (N.S.) 198. 
 Effect of custom giving fire apparatus right 
 
 of way over street cars. 19 L.R.A. 
 
 (N.S.) 626; L.R.A.1917E, 419. 
 
 8 3. Of master or servant. 
 
 Duty to give clearance card when uniform 
 custom to do so is shown. 62 L.R.A. 
 928. 
 
 CUSTOM AND USAGE cont'd. 
 4. as to negligence. 
 
 Habitual practice of employee as substitute 
 for rule. 43 L.R.A. 316. 
 
 As affecting duty of master to promulgate 
 rules. 43 L.R.A. 311. 
 
 As measure of master's duty to guard ma- 
 chinery. 16 L.R.A.(N.S.) 140. 
 
 Inference of employee's authority to expel 
 trespassers from practice of doing so. 
 34 L.R.A. (N.S.) 693. 
 
 Evidence of specific instances of habit of 
 servant for carelessness, disobedience 
 and intemperance. 14 L.R.A. (N.S.) 
 768. 
 
 Failure of master to prevent practice by 
 employees not in performance of any 
 duty owed to him as ground of lia- 
 bility. 32 L.R.A.(N.S.) 1038. 
 
 Contributory negligence as ail'ected by il- 
 legal or negligent custom of servants. 
 47 L.R.A.(N.S.) 909. 
 
 5. As to cutting timber. 
 Custom of estate as to life tenant's cutting 
 timber for sale. 37 L.R.A. (N.S.) 768. 
 
 6. on public land. 
 
 As to right to cut timber on public land. 
 70 L.R.A. 878. 
 
 7. Of banks. 
 
 Banking customs. 21 L.R.A. 440. 
 Validity of custom to send paper to drawee 
 
 for collection. 2 L.R.A.(N.S.) 194; 52 
 
 L.R.A.(N.S.) 649. 
 Payment of former bills drawn by agent 
 
 without authority as ground of implied 
 
 authority to draw others. 34 L.R.A. 
 
 (N.S.) 440. 
 Effect of banking customs and usages on 
 
 liability of collecting bank for default 
 
 of correspondent. 52 L.R.A.(N.S.) 637. 
 Effect of clearing-house rules and customs. 
 
 25 L.R.A. 830. 
 Rule or custom of clearing-house relating 
 
 to time for presentation of checks as 
 
 affecting liability of collecting bank. 
 
 50 L.R.A.(N.S.) 542. 
 
 8. Of carriers. 
 
 As to allowing stop over. 28 L.R.A. 776. 
 As affecting liability of baggage transfer 
 
 company. 34 L.R.A. 140; L.R.A.1916D, 
 
 1205. 
 
 9. As to waters and water rights. 
 
 As to prior appropriation of water. 30 
 
 L.R.A. 669. 
 As to right of way on shore. 4 L.R.A. 
 
 (N.S.) 880. 
 Effect of custom, on right to erect wharves. 
 
 40 L.R.A. 638. 
 Long usage as determining navigability of 
 
 waters. 42 L.R.A. 321. 
 
 10. as to fishing. 
 Prescriptive right to fish by custom. 60 
 L.R.A. 498. 
 
 Begin irffh this book on every fair question.
 
 INDEX TO.L.R.A. NOTES. 
 
 357 
 
 CUSTOM AND USAGE cont'd. 
 11. Of real estate brokers. 
 
 As affecting performance of real estate 
 broker's contract. 44 L.R.A. 'GOO. 
 
 As to receipt of double commissions by 
 real estate broker. 45 L.R.A. 48; 34 
 L.R.A.(N.S.) 1047. 
 
 12. Insurance cases. 
 
 Representations as to habits of insured, see 
 INSURANCE, 97, 98. 
 
 As affecting waiver by officer of subordi- 
 nate lodge of forfeiture for nonpay- 
 ment of assessments. 38 L.R.A. (N.S.) 
 573; L.R.A. 1915E, 154. 
 
 To pay certain class of losses as affecting 
 liability of insurer for such a loss not 
 covered by the policy. 19 L.R.A. (N.S.) 
 421. 
 
 Effect of custom to give insured notice of 
 maturity of premium where insured is 
 not otherwise entitled to notice. 20 
 L.R.A.(N.S.) 1037. 
 
 Effect of custom to keep certain articles in 
 such stocks of goods as those insured on 
 prohibition in insurance policy against 
 keeping of such articles. L.R.A.1917C, 
 278. 
 
 13. How proved. 
 
 Admissibility of books of account to prove. 
 52 L.R.A. 708. 
 
 CUSTOMERS. 
 
 Conspiracy to divert, see CONSPIRACY, II. 
 Duty of storekeeper towards, see STOKE- 
 
 KEEPEB, 1. 
 
 Liability for injury to clothing worn by. 
 43 L.R.A.(N.S.) 328. 
 
 Loss of, as element of damages from ob- 
 struction of highway. 13 L.R.A. (N.S.) 
 253. 
 
 Applicability of rule res ipsa loquitur as 
 between storekeeper and customer. 16 
 L.R.A.(N.S.) 931. 
 
 CUSTOMERS cont'd. 
 
 Right of vendor of business and good will 
 
 to solicit customers from patrons of 
 
 business sold. 19 L.R.A.(N.S.) 767. 
 Right of municipality owning electric light 
 
 plant to supply private customers. 15 
 
 L.R.A. 713. 
 Liability of individual in absence of any 
 
 element of conspiracy for driving away 
 
 another's customers. 22 L.R.A. (N.S.) 
 
 1224 ; L.R.A.1915B, 1180. 
 
 CUSTOM OF LONDON. 
 
 As to actionability in charging woman with 
 unchastity. 24 L.R.A.(N.S.) 597; 
 48 L.R.A.(N.S.) 615. 
 
 CUSTOMS DUTIES. 
 
 See DUTIES. 
 
 CUTTING TIMBER. 
 
 Right as to, see TIMBEB, 6, 7. 
 
 CYC. 
 
 See ENCYCLOPEDIA. 
 
 CYCLONE. 
 
 Causes of loss covered by cyclone insurance. 
 L.R.A.1915B, 1094. 
 
 CYLINDERS. 
 
 Wax cylinders as infringement of copyright 
 of sheet music. , 2 B. R. C. 91. 
 
 CY PRES. 
 
 Doctrine of, see CHABITIES, 11. 
 
 D 
 
 DAIRIES. 
 
 Municipal power over, as nuisances. 38 
 . L.R.A. 657. 
 
 DAMAGES. 
 
 J. In general ; nominal damages ; mit- 
 igation or aggravation, 
 1-12. 
 
 a. In general, 1, 2. 
 Consult also L.R.A. Digests of Cases. 
 
 DAMAGES, I. eont'd 
 
 6. Mitigation; reduction; keep- 
 ing down damages, 3- 
 11. 
 c. Aggravation of damages, 
 
 12. 
 
 II. Punitive or exemplary, 13-19. 
 III. Measure of compensation, 2O- 
 
 119. 
 
 a. In general, 2O. 
 T>. On contracts, 21-4O. 
 
 1. In general, 21-26. 
 
 2. Bonds, 27-29.
 
 358 
 
 DAMAGES, III. b cont'd. 
 
 INDEX TO L.R.A. NOTES. 
 
 3. As to real property, 
 
 30-34. 
 
 4. Sales of personalty; war- 
 
 ranty, 35-37. 
 
 5. Penalty; liquidated 
 
 (lnnitKjt'K, 38-4O. 
 C. Tcl('<it'iii>li f.sr, 41. 
 
 d. Aguinul <-nrrit-r, 42-47. 
 
 e. Torts , i/i net-ally, 48. 
 
 f. Fraud, 49. 
 
 g. Sexual offenses; breach of 
 
 promise; seduction; crim- 
 inal conversation; aliena- 
 tion of affections, 5O- 
 
 h. Against corporate directors 
 or promoters, 51. 
 
 i. Assault; false imprisonment; 
 malicious prosecution; 
 
 abuse of process, 52-55. 
 
 j. Libel or slander, 56. 
 
 k. Personal injuries, 57-64. 
 
 I. Death, 65-67. 
 
 m. Injury to or detention of 
 personal property; conver- 
 sion, 68-7 O. 
 
 n. Injury to, or detention of, 
 real property, 71- 
 79. 
 
 1. In general, 71-73. 
 
 2. Injury to, or destruction 
 
 of buildings, crops or 
 trees, 73ar-75. 
 
 3. Injury to water rights; 
 
 overfloiv; pollution, 
 76-79. 
 
 o. Nuisance, 8O. 
 
 p. Injury to business, 81. 
 
 q. Condemnation or deprecia- 
 tion in value by emi- 
 nent domain, 82-93. 
 
 1. In general, 82-86. 
 
 2. Consefjttential injuries, 
 
 87, 88. 
 
 3. As to abutting owners, 
 
 89, 90. 
 
 4. In highway cases, 91, 
 
 92. 
 
 5. Setting off benefits, 93. 
 r. Injunction cases, 94. 
 
 8. In trademark, patent, and 
 
 copyright cases, 95. 
 t. Mental anguish, 96-1O6. 
 
 1. In general, 96-1O1. 
 
 2. As to telegrams, 1O2, 
 
 1O3. 
 
 3. Carriers' cases, 1O4- 
 
 1O6. 
 u. Loss of profits 1O7-118. 
 
 1. In general, 1O7-113. 
 
 2. For breach of contract, 
 
 114-118. 
 v. Prospective, 119. 
 IV. Double and treble damages, 12O. 
 F. Assessment of damages, 121. 
 
 DAMAGES cont'd. 
 
 /. In general; nominal damages; ~niti- 
 gation or aggravation. 
 
 a. In general. 
 
 1. Generally. 
 
 Effect of character on damages recoverable, 
 
 see CHARACTER, 5. 
 
 Burden of proof as to, see EVIDENCE, 107a. 
 Opinion evidence as to, see EVIDENCE, 194. 
 Relevancy and materiality of evidence as 
 
 to, see EVIDENCE, 2G3-265. 
 For suing out injunction, see INJUNCTION, 
 
 84. 
 
 Interest as damages and on amount re- 
 covered as damages, see INTEREST, 6. 
 Excessiveness of damages as ground for new 
 
 trial, see NEW TRIAL, 5. 
 Inadequacy of damages as ground for new 
 
 trial, 'see NEW TRIAL, 6. 
 Remittitur of excessive damages, see NEW 
 
 TRIAL, 14. 
 
 Proximate cause of, see PROXIMATE CAITSE. 
 In lieu of specific performance, see SPECIFIC 
 
 PERFORMANCE, 29. 
 
 Power to limit the issues to question of 
 damages in granting new trial. L.R.A. 
 1915E, 250, 260. 
 
 Necessity of admitting quantum of damages 
 in order to change burden of proof and 
 right to open and close. 61 L.R.A. 555. 
 
 Priority of claim for, against property in 
 hands of receiver of railroad over re- 
 corded liens. 41 L.R.A.(N.S.) 700, 702. 
 
 Injunction against judgment for excessive- 
 ness of allowance. 30 L.R.A. 704. 
 
 Power of appellate court to interfere with 
 verdict for excessive damages. 26 
 L.R.A. 384. 
 
 Conclusiveness of expert opinion as to dam- 
 ages. 42 L.R.A. 767. 
 
 2. Nominal damages. 
 
 Right to recover nominal damages in statu- 
 tory action for death where pecuniary 
 loss is not shown. L.R.A.1916E, 139, 
 177, 192. 
 
 For laying out street across railroad prop- 
 erty. 24 L.R.A.(N.S.) 1228. 
 
 For carrying passenger beyond destination. 
 17 L.R.A.(N.S.) 1230. 
 
 For wrongful cutting or destruction of 
 standing timber. 18 L.R.A.(N.S.) 250. 
 
 Nominal damages for telegraph or telephone 
 
 line on railroad 
 L.R.A.(N.S.) 192. 
 
 right of way. 26 
 
 Begin with this book on every law question. 
 
 b. Mitigation; reduction; keeping down 
 damages. 
 
 3. Generally. 
 
 Evidence in mitigation, see EVIDENCE, 
 
 265. 
 Effect of insurance on amount of recovery 
 
 for injury, see INSURANCE, 181. 
 
 Right to set up judgment in criminal action 
 in mitigation of damages in civil action. 
 11 L.R.A.(N.S.) 670.
 
 INDEX TO L.R.A. NOTES. 
 
 359 
 
 DAMAGES, I. b cont'd. 
 
 Duty to commit wrongful acts in order to 
 minimize damages. 3 L.R.A. (N.S.) 
 1092. 
 
 Failure of person injured or damaged to 
 remove cause of injury or damage as 
 affecting right to recover. 3 L.R.A. 
 (N.S.) 1092. 
 
 Advice of counsel as ground for mitigation 
 of damages for malicious prosecution. 
 18 L.R.A. (N.S.) 54. 
 
 Of damages for abduction of child. 45 
 L.R.A. (N.S.) 874. 
 
 Reasonable and probable cause of suspicion 
 as mitigating damages ' for false im- 
 prisonment. 45 L.R.A. (N.S.) 65. 
 
 May benefits from nui wince be set off 
 against damages. 45 L.R.A. (N.S.) 773. 
 
 Showing in mitigation of damages that po- 
 lice officer committing wrongful act is 
 acting under orders of superior. 50 
 L.R.A. (N.S.) 989. 
 
 Right of defendant to prove, in mitigation 
 of damages, facts which he is estopped 
 to set up in bar of the action. 52 
 L.R.A.(N.S.) 1192. 
 
 Mitigation of damages for wrongful attach- 
 ment by showing subsequent seizure and 
 sale of the attached property by the 
 plaintiff in attachment or by offsetting 
 the indebtedness or judgment in his 
 favor. L.R.A.1918B, 801. 
 
 4. Against carrier. 
 
 Passenger's duty to minimize damages from 
 
 carrier's default of duty towards him. 
 
 2 L.R.A. (N.S.) 1087. 
 Duty of passenger to pay fare wrongfully 
 
 demanded in order to lessen damages. 
 
 43 L.R.A. 706; 34 L.R.A. (N.S.) 282; 
 
 L.R.A.^SD, 1032. 
 
 5. For breach of contract. 
 
 Duty to prevent or reduce damage on 
 'breach of contract. 53 L.R.A. 108. 
 
 Duty to prevent or reduce damages on breach 
 of contract for sale or purchase. 52 
 L.R.A. 259. 
 
 Duty of vendee to avoid or reduce injury for 
 breach of contract of sale of article 
 having no market price. 57 L.R.A. 202. 
 
 Duty of party to lease to minimize damages 
 due to a breach of contract by other 
 party thereto. L.R.A.1918C, 910. 
 
 Other employment in mitigation or reduc- 
 tion of damages for wrongful discharge 
 of servant. 6 L.R.A. (N.S.) 94. 
 
 6. For breach of promise. 
 
 Of damages for breach of promise of mar- 
 riage. 26 L.R.A. 432. 
 
 7. For personal injury. 
 
 Effect of insurance on amount of recovery 
 for injury, see INSURANCE, 181. 
 
 Effect of pre-existing disease on recovery 
 under Workmen's Compensation Act, 
 see WORKMEN'S COMPENSATION, 15a. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DAMAGES, I. b cont'd. 
 
 EH'ect of intervening act or neglect on re- 
 
 coverv for personal injury. 48 L.R.A. 
 
 ( N.S.") 105. 
 Duty of injured person to follow advice or 
 
 instructions of physician or surgeon. 
 
 49 L.R.A. 826; 48 L.R.A. (N.S.) 110. 
 Liability of one causing personal injury as 
 
 affected by negligence or unskiifulness 
 
 of attending physician or surgeon. 48 
 
 L.R.A. (N.S.) 116. 
 Pre-existing disease or condition of person 
 
 injured as affecting recovery from one 
 
 negligently causing the injury. 16 
 
 L.R.A. 268; 48 L.R.A. (N.S.) Il9. 
 Duty of person inflicting injury to prevent 
 
 aggravation of the injury! 69 L.R.A. 
 
 533. 
 Evidence of habits or character of person 
 
 injured as affecting damages. 1 L.R.A. 
 JN.S.) 198. 
 
 Mitigation of damages for personal injury 
 by fact that injured person" has re- 
 ceived from some source other than 
 the wrongdoer money because of 
 the injury. 67 L.R.A. 87. 
 
 8. For assault. 
 
 Admissibility of evidence of provocation to 
 mitigate damages for assault. 1 L.R.A. 
 (N.S.) 137; 11 L.R.A.(N.S.) 670. 
 
 9. For libel or slander. 
 
 For libel or slander by wife. 30 L.R.A. 
 
 529. 
 
 Bad character or reputation of plaintiff as 
 mitigating damages for libel or 
 slander. 38 L.R.A. (N.S.) 1176. 
 For libel or slander reflecting on integrity 
 
 or responsibility of merchant. 44 
 
 L.R.A. (N.S.) 354. 
 Intoxication of defendant as mitigating 
 
 damages for libel or slander. 51 L.R.A. 
 
 (N.S.) 1198. 
 Sufficiency of retraction to reduce damages, 
 
 as question for court or jury. 25 L.R.A. 
 
 (N.S.) 796. 
 
 9a. For conversion. 
 
 Return of property as mitigating damages 
 for conversion. 49 L.R.A. (N.S.) 931. 
 
 10. For injury to real property. 
 
 Duty to mitigate damages from trespass. 38 
 L.R.A.(N.S.) 244. 
 
 Duty of property owner to minimize dam- 
 ages from change of grade. 44 L.R.A. 
 (N.S.) 301. 
 
 Mitigation of damages for property de- 
 stroyed by mob. 44 L.R.A.(N.S.) 361. 
 
 lOa. by water. 
 
 Measure of damages against municipality 
 for injury bv surface waters. 65 L.R.A. 
 284. 
 
 Duty to mitigate damages from surface 
 water. 33 L.R.A. (N.S.) 372.
 
 360 
 
 DAMAGES, I. b cont'd. 
 
 Duty of riparian proprietor whose rights 
 are interfered with, or one whose prop- 
 erty is flooded, because of the obstruc- 
 tion of a natural water course, to min- 
 imize the damages. 22 L.R.A.(N.S.) 
 684. 
 
 The duty of owner or tenant to protect 
 
 INDEX TO L.R.A. NOTES. 
 
 crops from 
 (N.S.) 760. 
 
 backwater. 49 L.R.A. 
 
 g 11. In condemnation proceedings. 
 
 Mitigating damages from laying out street 
 across railway property. 24 L.R.A. 
 (N.S.) 1236. 
 
 Mitigation of damages in condemnation 
 cases by preserving to owner estate, 
 rights, or easement. 26 L.R.A. 751. 
 
 e. Aggravation of damages. 
 
 12. Generally. 
 
 Of damages for breach of promise to marry. 
 
 41 L.R.A.(N.S.) 846. 
 Personal wrong as aggravation of damages 
 
 for trespass on realty. 19 L.R.A. 
 
 (N.S.) 1034; 37 L.R.A. (N.S.) 912. 
 Right to prove seduction in aggravation of 
 
 damages in breach of promise case. 
 
 4 L.R.A.(N.S.) 616; 36 L.R.A.(N.S.) 
 
 388. 
 Admissibility of evidence of family relations 
 
 of plaintiff on question of damages in 
 an action for libel or slander. 23 
 
 L.R.A.(N.S.) 362. 
 
 //. Punitive or exemplary. 
 
 13. Generally. 
 
 For causing death. 17 L.R.A. 72. 
 
 Expense of litigation as element, or as limit, 
 of punitive or exemplary damages. 4 
 L.R.A.(N.S.) 907. 
 
 Allowance of interest on exemplary dam- 
 ages. 18 L.R.A. 457. 
 
 Reasonable and probable cause of suspicion 
 as mitigating punitive damages for 
 false imprisonment. 45 L.R.A. (N.S.) 
 65. 
 
 For breach of contract of partnership. 51 
 L.R.A.(N.S.) 81. 
 
 Exemplary damages in action to recover for 
 mental anguish in telegraph case. 49 
 L.R.A.(N.S.) 291. 
 
 Right to recover exemplary or punitive dam- 
 ages for breach of contract, other than 
 contract to marry and actions on statu- 
 tory bonds. 3.B. R. C. 115. 
 
 8 14. For act of servant. 
 
 Master's liability to exemplary damages 
 for act of servant. 27 L.R.A. 193 ; 
 48 L.R.A.(N.S.) 35. 
 
 Effect of servant's malice, wantonness, or 
 personal motive on amount of damages 
 
 recoverable from master for injury to 
 third person due to negligence of serv- 
 ant having custody of dangerous 
 agency. 30 L.R.A.(N.S.) 403. 
 
 DAMAGES, II. cont'd. 
 15. Against carrier. 
 
 Carrier's liability to exemplary damages for 
 act of servant. 48 L.R.A. (N.S.) 35. 
 
 Punitive damages for wanton failure to 
 transport baggage. 9 L.R.A. (N.S.) 
 1218. 
 
 For wrongful ejection of sick or intoxicated 
 passenger. L.R.A. 1915C, 146. 
 
 Refusal of conductor to listen to passenger's 
 explanation as to his contract, as justi- 
 fication for punitive damages for pas- 
 senger's expulsion. 17 L.R.A. (N.S.) 
 344. 
 
 Exemplary damages for carrying passenger 
 beyond destination. 17 L.R.A. (N.S.) 
 1230; 41 L,R.A.(N.S.) 746. 
 
 For placing white passenger in a car for 
 colored persons. 41 L.R.A. (N.S.) 960. 
 
 Punitive damages for assault by carrier's 
 servant on passenger. 32 L.R.A.(N.S.) 
 1201; L.R.A.1915E, 671. 
 
 Right of passenger to recover punitive dam- 
 ages for default or delay in running 
 railroad train. 49 L.R.A. (N.S.) 434. 
 
 Liability of carrier for punitive or exem- 
 plary damages for refusal or failure to 
 transport passengers. L.R.A.1915C, 
 477. 
 
 16. For torts generally. 
 
 Necessity of actual malice to justify exem- 
 plary damages for tort. 16 L.R.A. 
 (N.S.) 440. 
 
 For delaying person by blocking railroad 
 crossing. 44 L.R.A.(N.S.) 1071; L.R.A. 
 1915E, 336. 
 
 For abductment or enticement of child. 45 
 L.R.A.(N.S.) 874. 
 
 For unlawful seizure of mortgaged chattels 
 by mortgagee assuming to act under 
 mortgage. L.R.A.1915E, 199. 
 
 For acts of live stock inspectors. L.R.A. 
 1915B, 1015. 
 
 16a. For malicious prosecution or 
 abuse of process. 
 
 Exemplary damages in action for malicious 
 prosecution or for abuse of process 
 in suing out attachment for collec- 
 tion of debt only. 29 L.R.A. (N.S.) 
 272. 
 
 Want of probable cause to believe alleged 
 ground of attachment as condition of 
 action for wrongful attachment where 
 exemplary damages are sought. 38 
 L.R.A.(N.S.) 127. 
 
 16b. For libel on slander. 
 
 Liability for, of newspaper proprietor for 
 
 libel published without his knowledge 
 
 or consent. 26 L.R.A. 779. 
 Damages against telegraph company for 
 
 handling libelous message. 9 L.R.A, 
 
 (N.S.) 141. 
 
 For libel or slander reflecting on integ- 
 
 44 
 
 rity or responsibility of merchant. 
 L.R.A. (N.S.) 354. 
 
 Master's liability for exemplary damages 
 for libel by servant. 48 L.R.A. (N.S.) 
 62. 
 Begin \rith this 7>oo7c on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 361 
 
 DAMAGES, II. cont'd. 
 17. For nuisance. 
 
 Liability for punitive damages for main- 
 taining nuisance. 3 L.R.A. (N.S.) 1119. 
 
 18. For personal injuries or death. 
 
 For personal injury by dog. 37 L.R.A. 
 (N.S.) 867. 
 
 Exemplary damages against municipality 
 for injury by defect or obstruction in 
 street. 20 L.R.A.(N.S.) 764. 
 
 For death by negligence. 17 L.R.A. 72. 
 
 19. For infringing trademark, trade- 
 name, or copyright. 
 
 Punitive damages for infringing trademark, 
 tradename, or copyright, where amount 
 of actual damages not established. 37 
 L.R.A.(N.S.) 533. 
 
 ///. Measure of compensation, 
 a. In general. 
 
 20. Generally. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 45. 
 
 Promulgation by counsel in argument to 
 jury of unsound rule for measuring 
 damages. L.R.A.1918D, 69. 
 
 Agreement that amount of, shall be deter- 
 mined by arbitration or appraisal. 47 
 L.R.A. (N.S.) 385. 
 
 Necessity of jury to compute damages on 
 default judgment. 20 L.R.A. (N.S.) 1. 
 
 Requisite of special verdict in relation to 
 damages. 24 L.R.A.(N.S.) 15. 
 
 Jurisdiction of a court of equity to award 
 compensatory damages for a breach of 
 trust. 14 L".R.A.(N.S.) 900. 
 
 Right to interest on imliquidated damages. 
 28 L.R.A.(N.S.) 1. 
 
 Federal courts following state decisions as 
 to measure of. 40 L.R.A.(N.S.) 428. 
 
 For expulsion from benefit society. 25 
 L.R.A. 150. 
 
 Measure of damages for removal of tele- 
 phone. 39 L.R.A.(N.S.) 651. 
 
 Extent of allowance or recovery against 
 national bank for reserving illegal in- 
 terest. 56 L.R.A. 706. 
 
 Measure of compensation to mortgagee in 
 possession for repairs or improvements. 
 49 L.R.A. (N.S.) 129. 
 
 b. On contracts. 
 1. In general. 
 
 21. Generally. 
 
 With telegraph company, see infra, 41, 
 
 102, 103. 
 
 With carrier, see infra, 42-47, 104-106. 
 Loss of profits as element of damages for, 
 
 see infra, III. u, 2. 
 
 Right to recover exemplary or punitive dam- 
 ages for breach of contract, other than 
 contract to marry and actions on stat- 
 utory bonds. 3 B. R. C. 115. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DAMAGES, III. b, 1 cont'd. 
 
 Conliict of laws as to measure of damages 
 for breach of contract. 56 L.R.A. 301, 
 303. 
 
 Right to interest on damages for breach of 
 contract. 28 L.R.A.(N.S.) 24, 40, 82. 
 
 Duty to prevent or reduce damages on 
 breach of contract. 53 L.R.A. 108. 
 
 Effect of provision for forfeiture of sums 
 paid or retained under executory con- 
 tract, to prevent recovery of any other 
 damages after breach of contract. 4 
 L.R.A.(N.S.) 755. 
 
 22. Miscellaneous contracts. 
 
 Breach of agreement to arbitrate. 47 
 L.R.A. (N.S.) 409. 
 
 Damages for breach of automobile distribu- 
 tion contract. L.R.A.1915B, 114. 
 
 For breach of covenant in lease as to pay- 
 ment of taxes and assessments. L.R.A. 
 1915A, 363. 
 
 For pledgee's conversion of property by in- 
 valid sale. 43 L.R.A. 768. 
 
 For breach of contract to loan or advance 
 money. 37 L.R.A. 232; 29 L.R.A. 194; 
 L.R.A.1916F, 506. 
 
 For breach of advertising contract. 22 
 L.R.A. (N.S.) 272. 
 
 For breach of agreement to assume debts on 
 dissolution of partnership. 9 L.R.A. 
 (N.S.) 113. 
 
 For broker's breach of contract with cus- 
 tomer as to sales and purchases of stock 
 on the exchange. L.R.A.1917C, 747. 
 
 For broker's breach of contract to carry 
 stock until a certain date. 7 B. R. C. 
 569. 
 
 For negligence of architect in preparatiop 
 of plans. L.R.A.1918D, 898. 
 
 Measure of damages for failure to perform 
 contract to compensate for services by 
 will. 41 L.R.A.(N.S.) 246. 
 
 Right to recover from obligor under collat- 
 eral contract the damages which the 
 obligee was compelled to pay because 
 of his breach of a contract with a third 
 person in consequence of the failure or 
 delay in performance of collateral con- 
 tract. 18 L.R.A.(N.S.) 575. 
 
 Mental anguish as element of damages in 
 action for breach of contract relative to 
 corpse. 19 L.R.A.(N.S.) 564. 
 
 Basis for computing share of attorney en- 
 titled to certain proportion of recovery 
 where suit is compromised for certain 
 sum and attorney's fee. 22 L.R.A. 
 (N.S.) 776. 
 
 Measure of compensation to physician em- 
 ployed to examine and report on physi- 
 cal condition of one who contemplates 
 bringing action for personal injuries. 
 25 L.R.A. (N.S.) 70. 
 
 Measure of damages in action against one 
 who, without authority, assumed to 
 contract as agent for a third person. 
 34 L.R.A.(N.S.) 540. 
 
 22a. Building contracts. 
 
 Measure of recovery on building contract 
 where building is destroyed in process 
 of erection. L.R.A.1917D, 1011.
 
 362 
 
 INDEX TO L.R.A. NOTES. 
 
 DAMAGES, III. b, 1 cont'd. 
 
 Measure of recovery upon substantial per- 
 formance of building contract. 24 
 L.R.A.(N.S.) 327. 
 
 Measure of damages for defects or omissions 
 in the performance of a building 
 contract. 39 L.R.A.(N.S.) 591. 
 
 Stipulation for damages in, as penalty or 
 liquidated damages. 34 L.R.A.(N.S.) 
 588. 
 
 23. Insurance contracts. 
 
 Extent of recovery on insurance policy, see 
 INSURANCE, 172-181. . 
 
 Damages recoverable by member for breach 
 of contract by mutual benefit associa- 
 tion. L.R.A.1917E, 1035. 
 
 For wrongful cancelation of policy issued 
 plan. 7 L.R.A.(N.S.) 
 
 on assessment 
 1163. 
 
 23a. Partnership contracts. 
 
 Measure of damages for breach of contract 
 of partnership. 51 L.R.A. (N.S.) 81. 
 
 24. Measure of employers' recovery 
 for breach of contract. 
 
 Loss of profits as element of damages for 
 breach of contract for services. 53 
 L.R.A. 48. 
 
 Right of one who employs minor without 
 parent's consent to allowance of ac- 
 count of expenditures: for necessaries. 
 9 L.R.A.(N.S.) 411. 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated 
 damages of single or multiple stipula- 
 tions in contract. L.R.A.1915E, 386, 
 393. 
 
 25. Measure of employee's recovery 
 for breach of contract. 
 
 Contract of permanent employment. 35 
 L.R.A. 516; 50 L.R-A.fN.S.) 456. 
 
 Where contract for services terminated by 
 insolvency and dissolution of corpora- 
 tion. 69 L.R.A. 126. 
 
 In case of discharge of servant for good 
 cause. 5 L.R.A. (N.S.) 529. 
 
 Right to recover for services rendered be- 
 yond statutory period of limitation up- 
 on breach of parol contract to make 
 provision by will. 6 L.R.A. (N.S.) 
 703. 
 
 Loss of profits as element of damages for 
 breach of contract by employer. 53 
 L.R.A. 57. 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated dam- 
 ages of single or multiple stipulations 
 in contract. L.R.A.1915E, 386, 393. 
 
 fi 25a. wrongful discharge. 
 
 For wrongful discharge of servant. 6 
 L.R.A.(N.S.) 82. 
 
 Damages for discharge without cause after 
 part performance of contract. 24 
 L.R.A. 231. 
 
 Right of wrongfully discharged servant to 
 recover wages for contract period sub- 
 sequent to discharge. 5 L.R.A. (N.S.) 
 439; 28 L.R.A. (N.S.) 577. 
 
 Begin n-ith this boolc on every law question. 
 
 DAMAGES, III. b, 1 cont'd. 
 
 Measure of recovery by wrongfully dis- 
 charged servant for services actually 
 rendered. 5 L.R.A.(N.S.) 582, 585. 
 
 Other employment in mitigation or reduc- ' 
 tion of damages for wrongful discharge 
 of servant. 6 L.R.A. (N.S.) 94. 
 
 Right to recover in action for wrongful dis- 
 missal, damages for loss of commis- 
 sions. 1 B. R. C. 123; L.R.A.1916JB, 
 872. 
 
 20. Negotiable paper. 
 
 Law governing extent of recovery. 56 
 
 L.R.A. 307. 
 By bona fide holder when execution of note 
 
 obtained by fraud. 36 L.R.A. 441. 
 Dishonor of check. 15 L.R.A. 134. 
 For negligence as to collection of check : 
 
 limiting to the amount actually lost in 
 
 consequence of the neglect. 1 L.R.A. 
 
 (N.S.) 246. 
 
 Extent oi recovery by pledgee on negotia- 
 able paper which pledger could 
 not collect. 44 L.R.A. 243. 
 Amount of recovery by accommodation 
 
 party who has been obliged to pay bill 
 
 or note against accommodated party. 
 
 37 L.R.A.(N.S.) 788. 
 Measure of damages for conversion of 
 
 pledged notes by invalid sale. 43 
 
 L.R.A. 771. 
 
 2. Bonds. 
 
 27. Generally. 
 
 Extent of recovery on injunction bond, see 
 INJUNCTION, 86, 87. 
 
 Liability on bond for interest. 28 L.R.A. 
 (N.S.) 11. 
 
 May each of several persons protected by 
 a bond recover up to the full amount of 
 the bond. L.R.A.1917D, 617. 
 
 28. Elements of damages recoverable 
 in action on replevin bond. 
 
 Value of property. 30 L.R.A. (N.S.) 367. 
 Value added by the transportation of 
 the goods by wrongdoer after con- 
 version. 52 L.R.A.(N.S.) 396. 
 Interest. 28 L.R.A. (N.S.) 12; 30 L.E.A. 
 
 (N.S.) 370. 
 Damages for detention. 30 L.R.A. (N.S.) 
 
 370. 
 
 Attorney fees. 30 L.R.A. (N.S.) 372. 
 Costs. 30 L.R.A.(N.S.) 373. 
 Penalty as limit of recovery on bond. 55 
 L.R.A. 390. 
 
 29. Penalty as limit of liability on 
 statutory bond. 
 
 The original rule. 55 L.R.A. 381. 
 
 Exception when equitable relief is sought. 
 55 L.R.A. 382. 
 
 Exception as to bonds for money or for di- 
 rect performance by sureties. 55 L.R.A. 
 383.
 
 INDEX TO L.R.A. NOTES. 
 
 363 
 
 DAMAGES, III. b, 2 cont'd. 
 
 Allowance of interest. 55 L.R.A. 384; 19 
 L.R.A.(N.S.) 84. 
 
 Allowance for costs. 55 L.R.A. 387. 
 
 Application of rules to particular classes of 
 bonds. 55 L.R.A. 387. 
 
 In replevin bond as limiting damages re- 
 coverable. 30 L.R.A.(N.S.) 374. 
 
 3. As to real property. 
 
 30. Generally. 
 
 Duty of party to lease to minimize dam- 
 ages due to a breach of contract by 
 other party thereto. L.R.A.1918C, 910. 
 
 Measure of damages for breach of cropping 
 contract. L.R.A.1918B, 1056. 
 
 Measure of damages for breach of contract 
 to furnish water for irrigation. 19 
 L.R.A.(N.S.) 938; 31 L.R.A. (N.S.) 743. 
 
 Lo^s of rents as damages for breach of con- 
 tract to install elevator or other equip- 
 ment incidental to use of building. 
 17 L.R.A. (N.S.) 1130. 
 
 Measure of damages for failure to comply 
 with provision as to crossing in deed 
 to railroad of right of way. 48 L.R.A. 
 (N.S.) 390. 
 
 31. Contract to sell. 
 
 For breach of contract to convey real es- 
 tate. 16 L.R.A.(N.S.) 768. 
 
 For breach of parol contract to convey real 
 estate. 2 L.R.A. (N.S.) 713. 
 
 Measure of damages for fraudulent repre- 
 sentations in sale or exchange of real 
 estate. 8 L.R.A.(N.S.) 804; 16 L.R.A. 
 (N.S.) 818. 
 
 Loss of profits as element of damages. 52 
 L.R.A. 240. 
 
 Provision for damages in land contract as 
 penalty or stipulated damages. 34 
 L.R.A(N.S.) 4. 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated 
 damages of single or multiple stipula- 
 tions in contract. L.R.A. 1915E, 384, 
 390. 
 
 32. Breach of covenant. 
 
 Covenant in grant of water power. 67 
 
 L.R.A. 405. 
 For tenant's breach of covenant to repair, in 
 
 action brought after expiration of the 
 
 term. 16 L.R.A. (N.S.) 210. 
 For vendor's failure to furnish abstract of 
 
 title. 43 L.R.A. (N.S.) 50. 
 Parol evidence as to consideration for deed 
 
 in action for damages for breach of 
 
 covenant. 25 L.R.A. (N.S.) 1205. 
 
 33. covenant of warranty. 
 
 Damages for breach of warranty by exist- 
 ence of unexpired lease. 35 L.R.A 
 (N.S.) 779. 
 
 34. covenant againsf encum- 
 brances. 
 
 Covenant against encumbrance. 3 L.R.A. 
 
 791.* 
 Consult also L.R.A. Digests of Cases. 
 
 DAMAGES, III. b, 3 cont'd. ., 
 
 4. Sales of personalty; warranty. 
 
 35. Generally. 
 
 Loss of profits from breach, see infra, 115. 
 
 Is a claim for damages for breach of con- 
 tract to deliver goods a liquidated 
 claim. 9 L.R.A.(N.S.) 1134. 
 
 Right to interest on damages for breach of 
 contract of. 28 L.R.A. (N.S.) 46. 
 
 Right of buyer to maintain separate action 
 for nondelivery of each instalment un- 
 der entire contract. 3 L.R.A. (N.S.) 
 1042. 
 
 Damages recoverable by buyer who pur- 
 chases on market before expiration of 
 time for delivery, where seller gives 
 notice that he will not deliver. L.R.A. 
 1917A, 1001. 
 
 Measure of damages for nondelivery of goods 
 as affected by resale before time of de- 
 livery. 7 B. R. C. 356. 
 
 Measure of damages for delay in delivery of 
 goods purchased as affected by price at 
 which they were resold. 7 B. R. C. 331. 
 
 Measure of damages for purchaser's refusal 
 to accept goods specially manufactured 
 for him. 4 L.R.A. (N.S.) 740; 18 
 L.R.A. (N.S.) 613. 
 
 Measure of damages for purchaser's refusal 
 to execute purchase-money notes. 12 
 L.R.A.(N.S.) 182. 
 
 Delay by purchaser in securing substitute 
 as affecting his damages for seller's 
 failure to deliver. 32 L.R.A. (N.S.) 
 192. 
 
 Offer by seller to furnish goods at advanced 
 price as affecting measure of damages 
 for refusal to furnish them at contract 
 price. 38 L.R.A. (N.S.) 837. 
 
 Duty to prevent or reduce damages on 
 breach of contract for sale or purchase. 
 52 L.R.A. 259. 
 
 Rescission by purchaser for seller's fraud as 
 affecting former's right to recover dam- 
 ages, other than loss of contract. 31 
 L.R.A.(N.S.) 910. 
 
 Profits lost in consequence of breach of con- 
 tract of sale of machinery purchased 
 for vendee's use as an element of dam- 
 ages. 2 B. R. C. 79. 
 
 Against vendor of seeds. 37 L.R.A. (N.S.) 
 85; L.R.A.1916C, 1011. ; 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated 
 damages of single or multiple stipula- 
 tions hi contract. L.R.A.1915E, 381, 
 390. 
 
 Measure of damages for breach of contract 
 to sell or buy corporate stock. 43 
 L.R.A. (N.S.) 368. 
 
 35a. Resale to fix damage for 'refusal 
 of purchaser to accept goods. 
 
 Introductory. 42 L.R.A. (N.S.) 670. 
 
 As affected by question whether contract 19 
 
 executed or executory. 42 L.R.A. 
 
 (N.S.) 67,1. 
 Resale as election of remedy. 42 L.R.A. 
 (N.S.) 672.
 
 .-{til 
 
 INDEX TO L.R.A. NOTES. 
 
 DAMAGES, III. b, 4 cont'd. 
 
 Relation between the parties created by 
 
 election to resell. 42 L.R.A.(N.S.) 
 
 674. 
 Necessity and effect of giving purchaser 
 
 notice of resale or of intention to 
 
 resell, as affecting right of action. 
 
 42 L.R.A. (N.S.) 677. 
 Form and sufficiency of notice. 42 L.R.A. 
 
 (N.S.) 681. 
 
 Manner of resale. 42 L.R.A.(N.S.) 682. 
 Tiuu- of resale. 42 L.R.A.(N.S-) 683. 
 Place of resale. 42 L.R.A.(N.S.) 685. 
 Conclusiveness of resale as to vendor's 
 
 damages. 42 L.R.A.(N.S.) 687. 
 Evidence burden of proof. 42 L.R.A. 
 
 (N.S.) 690. 
 
 Questions for jury. 42 L.R.A. (N.S.) 691. 
 Miscellaneous questions of practice. 42 
 L.R.A.(N.S.) 691. 
 
 36. For breach of contract of sale of 
 article having no market price. 
 
 Breach of vendor. 57 L.R.A. 193. 
 Breach by vendee. 57 L.R.A. 204. 
 Determination as to existence or condition 
 
 of market. 57 L.R.A. 205. 
 Damages measured by profits lost. 57 
 
 L.R.A. 206. 
 
 37. Breach of warranty. 
 
 Loss of profits as element of damages. 52 
 
 L.R.A. 233, 240. 
 
 In case of breach of warranty of ma- 
 chinery purchased for vendee's use. 
 2 B. R. C. 83. 
 For breach of implied warranty on contract 
 
 of sale. 18 L.R.A. 385. 
 Measure of damages for breach of warranty 
 on sale of seeds. 37 L.R.A.(N.S.) 85; 
 L.R.A.1916C, 1011. 
 For breach of warranty on sale of trees, 
 
 shrubs, plants, or vines. 
 (N.S.) 1155. 
 
 49 L.R.A. 
 
 Price at which goods are resold as affecting 
 measure of damage for breach of war- 
 ranty as to quality. 5 L.R.A. (N.S.) 
 1151. 
 
 Right of purchase of goods to recover costs 
 and other expenses incurred by him in 
 defending a collateral action, as dam- 
 ages for breach of the seller's warranty. 
 20 L.R.A.(N.S.) 492. 
 
 May purchaser recover damages for breach 
 of warranty or fraud as to both articles, 
 where one article is substituted for an- 
 other at his request, and both are de- 
 fective. 37 L.R.A.(N.S.) 298. 
 
 Damages recoverable for breach of warranty 
 in selling diseased animals. 34 L.R.A. 
 (N.S.) 698. 
 
 Personal injuries as element of damages 
 for breach of warranty. 3 L.R?A. 
 (N.S.) 1047. 
 
 Purchaser's election to rescind for breach 
 of warranty as affecting recovery 
 against seller. 27 L.R.A.(N.S.) 925. 
 
 Begin with this book on every law question. 
 
 DAMAGES, III. b, 4 cont'd. 
 
 5. Penalty; liquidated damages. 
 
 38. Generally. 
 
 Penalty as limit of liability on bond, see 
 
 supra, 29. 
 Reasonableness of amount fixed as liquidated 
 
 damages, see REASONABLENESS, 6. 
 
 Sum deposited to secure performance of a 
 contract as a penalty or liquidated 
 damages. 38 L.R.A. (N.S.) 847; 
 L.R.A.1917E, 372. 
 
 Effect of stipulation for liquidated damages 
 in contract not to engage in business, 
 upon equitable jurisdiction to enjoin 
 breach thereof. 10 L.R.A.(N.S.) 204; 
 L.R.A.1917E, 886. 
 
 Effect of agreement for stipulated damages 
 on remedy by injunction to restrain 
 violation of agreement not to pracfice 
 medicine or surgery within a certain 
 territory. L.R.A.1915B, 206. 
 
 Is a claim for damages for breach of con- 
 tract to deliver goods a liquidated 
 claim. 9 L.R.A.(N.S.) 1134. 
 
 Amount stipulated to be paid in case of 
 breach of contract for support as a 
 penalty or liquidated damages. 31 
 L.R.A.(N.S.) 937. 
 
 Applicability of provision for stipulated 
 damages or penalty for delay in com- 
 pletion of a contract where the entire 
 contract is abandoned or repudiated. 
 20 L.R.A.(N.S.) 350; L.R.A.1916E, 
 1179. 
 
 Set-off of unliquidated damages in bank- 
 ruptcy cases. 55 L.R.A. 37. 
 
 Specific performance of land contract as af- 
 fected by provision for. 2 L.R.A. (N.S.) 
 210; 45 L.R.A.(N.S.) 52. 
 
 Validity and effect of provision in contract 
 for increased rate of interest upon de- 
 fault. L.R.A.1916E, 726. 
 
 Effect of provision for remission of part 
 of the principal or interest if pay- 
 ment is made at maturity. 46 
 L.R.A.(N.S.) 897. 
 
 Liquidated damages for breach of provision 
 as to crossing in deed to. railroad of 
 right of way. 48 L.R.A. (N.S.) 390. 
 
 Effect of the use of the word "forfeiture" 
 upon penalty or liquidated damages. 50 
 L.R.A.(N.S.) 890. 
 
 Effect upon character of sum agreed upon 
 for breach, as penalty or liquidated 
 damages, of single or multiple stipula- 
 tions in contract. L.R.A.1915E, 373. 
 
 39. Building and construction con- 
 tracts. 
 
 Stipulation for damages in building con- 
 tract as penalty or liquidated dam- 
 ages. 34 L.R.A.(N.S.) 588. 
 Effect of single or multiple stipulations 
 
 in contract. L.R.A.1915E, 378. 
 Effect of the use of the word "forfei- 
 ture." 50 L.R.A.(N.S.) 890.
 
 INDEX TO L.R.A. NOTES. 
 
 365 
 
 DAMAGES, III. b, 5 cont'd. 
 
 Applicability of provision for stipulated 
 damages or penalty for delay in com- 
 pletion of a contract where the entire 
 contract is abandoned or repudiated. 
 20 L.R.A.(N.S.) 350; L.R.A.1916E, 
 1179. 
 
 40. Land contracts. 
 
 Provision for damages in land contract as 
 penalty or stipulated damages. 34 
 L.R.A.(N.S.) 4. 
 
 Effect of single or multiple stipulations 
 in contract. L.R.A.1915E, 384, 390. 
 Specific perioriuaiice 01 lanu contract as al- 
 fected by provision for liquidated dam- 
 ages. 2 L.R.A.(N.S.) 210; 45 L.R.A. 
 (N.S.) 52. , 
 
 c. Telegraph cases. 
 
 41. Generally. 
 
 Liability for 'mental anguish, see infra, 
 102, 103. 
 
 Conflict of laws as to. 63 L.R.A. 532; 5 
 L.R.A.(N.S.) 751; 23 L.R.A. (N.S.) 
 648; 28 L.R.A.(N.S.) 490; 29 L.R.A. 
 (N.TS.) 795. 
 
 For nondelivery of telegram sent after office 
 hours. 53 L.R.A. 738. 
 
 Damages recoverable in action by addressee 
 of telegram for delay in delivery. 30 
 L.R.A.(N.S.) 1133. 
 
 Right to recover against telegraph company 
 the loss sustained upon a commercial 
 transaction entered into in consequence 
 of a breach of its duty. 4 L.R.A. (N.S.) 
 262. 
 
 Measure of damages where one purchases 
 goods in reliance upon a misquotation 
 of price in telegram. 46 L.R.A. (N.S.) 
 4]2. 
 
 Expense of trip or loss of time as element 
 of damages in action against telegraph 
 company. 52 L.R.A.(N.S.) 1180. 
 
 Loss of opportunity to respond to a call for 
 professional services as a ground for 
 action against telegraph company. 14 
 L.R.A.(N.S.) 533. 
 
 Liability of telegraph company for con- 
 tinued physical suffering of sender of 
 message because of negligence in trans- 
 mission and delivery. 11 L.R.A. (N.S.) 
 1149. 
 
 Damages recoverable for nondelivery or mis- 
 take in telegram preventing one from 
 being met at railroad station. 35 
 L.R.A.(N.S.) 930. 
 
 Damages for breach of company's duty as to 
 message asking for, or transmitting 
 funds. 2 L.R.A. (N.S.) 1073. 
 
 Loss of profits as element of damages for 
 breach of contract to transmit telegram. 
 53 L.R.A. 91; 27 L.R.A. (N.S.) 639; 49 
 L.R.A.(N.S.) 927. 
 
 For handling libelous message. 9 L.R.A. 
 (N.S.) 141. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DAMAGES, III. cont'd 
 
 d. Against carrier. 
 
 42. Generally. ' 
 
 Right to interest on damages. 28 L.R.A. 
 (N.S.) 17, 82. 
 
 43. Failure of duty to passenger. 
 
 Punitive damages for, see supra, 15. 
 Liability for mental anguish, see infra, 
 104. 
 
 Carrier's default or delay as to transporta- 
 tion of passenger. 32 L.R.A. 545; 49 
 L.R.A.(N.S.) 432. 
 
 Measure of damages for placing white pas- 
 senger in a car for colored persons. 41 
 L.R.A.(N.S.) 960. 
 
 What injuries may be deemed the proximate 
 result of failure to stop street car for 
 waiting passenger. 33 L.R.A. (N.S.) 
 1007. 
 
 Damages incident to attempt to reach des- 
 tination by other means as an element 
 of recovery for failure to stop train for 
 intending passenger. 8 L.R.A. (N.S.) 
 880. 
 
 Passenger's duty to minimize damages from 
 carrier's default of duty towards him. 
 2 L.R.A.(N.S.) 1087. 
 
 Measure of carrier's liability for prevent- 
 ing exhibition or show by breach of 
 contract of carriage. 49 L.R.A. (N.S.) 
 491. 
 
 Amount of damages that may be awarded 
 for insulting language. 44 L.R.A. 
 (N.S.) 1139. 
 
 44. carrying beyond destination. 
 
 Punitive damages for, see supra, 15. 
 
 In general. 17 L.R.A.(N.S.) 1226; 41 
 
 L.R.A.(N.S.) 745. 
 Physical suffering and sickness. 17 L.R.A. 
 
 (N.S.) 1227. 
 
 State of weather. 17 L.R.A.(N.S.) 1228. 
 Condition of way back to destination. 17 
 
 L.R.A.(N.S.) 1228. 
 
 Mental anguish. 17 L.R.A.(N.S.) 1228. 
 Peril. 17 L.R.A. (N.S.) 1230. 
 Trouble and inconvenience. 17 L.R.A. (N.S.) 
 
 1230. 
 Loss of time and expenses. 17 L.R.A. 
 
 (N.S.) 1230. 
 
 Other losses. 17 L.R.A. (N.S.) 3230. 
 Nominal damages. 17 L.R.A.(N.S.) 1230. 
 
 45. Ejection of passenger. 
 
 Liability for mental anguish, see infra, 
 105. 
 
 Damages for wrongfully threatening pas- 
 senger with expulsion. L.R.A.1918D, 
 876. 
 
 For ejection of sick or intoxicated pas- 
 senger. L.R.A.1915C, 146. 
 
 Right to interest on damages allowed for 
 ejection. 28 L.R.A. (N.S.) 24. 
 
 Damages recoverable by passenger who sub- 
 mits to ejection to lay foundation for 
 action. 9 L.R.A. (N.S.) 1060.
 
 866 
 
 INDEX TO L.R.A. NOTES. 
 
 DAMAGES, III. d cont'd. 
 
 Conductor's refusal to listen to passengers 
 explanation as to his contract, as jus- 
 t Miration for punitive damages for pas- 
 MiiL'd's expulsion. 17 L.R.A. (N.S.) 
 844. 
 
 Passenger's duty to pay fare wrongfully de- 
 manded in order to lessen damages. 43 
 L.R.A. 706; 34 L.R.A.(N.S.) 282; 
 L.R.A.1918D, 1032. 
 
 g 46. In respect to baggage. 
 
 Punitive damages, see supra, 15. 
 
 Liability for mental anguish, see infra, 
 106. 
 
 Measure of recovery against baggage trans- 
 fer company. L.R.A.1916D, 1203. 
 
 Right to recover expenses or damages inci- 
 dental to loss of, or delay in delivering, 
 baggage. 7 L.R.A. (N.S.) 188; L.R.A. 
 1916A, 549. 
 
 g 47. In respect to freight. 
 
 Loss of profits as element of damages, see 
 infra, 118. 
 
 Allowance of interest on damages to prop- 
 erty injured, delayed, or lost in trans- 
 portation. 18 L.R.A. 451. 
 
 Measure of carrier's liability for preventing 
 exhibition or show by breach of con- 
 tract of carriage. 4 L.R.A. (N.S.) 569; 
 49 L.R.A. (N.S.) 491. 
 
 Amount of carrier's liability for loss of 
 goods. 2 L.R.A.(N.S.) 773. 
 
 For failure to furnish cars. 8 L.R.A.(N.S.) 
 112; 44 L.R.A.(N.S.) 655. 
 
 Measure of damages for carrier's delay in 
 delivery of re9eptacles for perishable 
 goods. 24 L.R.A.(N.S.) 134. 
 
 Constitutionality of legislation affecting 
 amount of liability or penalty for de- 
 lay in delivery or for destruction of 
 freight. 20 L.R.A. (N.S.) 126. 
 
 Extent of initial carrier's liability under 
 contract limiting undertaking to its 
 own line. 31 L.R.A.(N.S.) 67. 
 
 Time of notice to warrant special damages 
 for failure of carrier to deliver prop- 
 erty. 3L.R.A.(N.S.) 1111. 
 
 Effect of misrepresentation as to character, 
 quantity, or value of goods by shipper 
 on his right to recover for loss. 23 
 L.R.A.(N.S.) 745; L.R.A.1915A, 502. 
 
 e. Torts generally. 
 
 DAMAGES, III. e cont'd. 
 
 Counsel fees and other expenses of bring- 
 ing suit as part of compensatory dam- 
 ages recoverable in an action for tort. 
 28 L.R.A.(N.S.) 761. 
 
 Basis for determining earning capacity in 
 action under Civil Damage Act. L.R.A. 
 1918F, 654. 
 
 Measure of damages for enticement of serv- 
 ant. 5 L.R.A. (N.S.) 1100. 
 
 Measure of damages in civil action for ab- 
 duction of child. 45 L.R.A. (N.S.) 873. 
 
 Damages recoverable for delaying person by 
 blocking railroad crossing. 44 L.R.A. 
 (N.S.) 1069; L.R.A.1915E, 336. 
 
 Measure of damages for loss caused by neg- 
 ligence or wrong of notary or other of- 
 ficer certifying to acknowledgment or 
 affidavit. 49 L.R.A. (N.S.) 55. 
 
 Damages recoverable for wrongful search. 
 50 L.R.A.(N.S.) 1151. 
 
 For disinterment of dead bodies. 42 L.R.A. 
 729. 
 
 For interference with rights of ferryman. 
 59 L.R.A. 553. 
 
 For being prevented from voting at a pub- 
 lic election. 31 L.R.A. (N.S.) 1106. 
 
 Forcing cropper from premises. 38 L.R.A. 
 (N.S.) 714. 
 
 /. Fraud. 
 
 49. Generally. 
 
 Right to interest on damages for fraud and 
 deceit. 28 L.R.A. (N.S.) 49, 50. 
 
 Measure of damages for misrepresenting 
 value of corporate stock sold. 43 L.R.A. 
 (N.S.) 373. 
 
 Damages recoverable for fraud and deceit 
 in selling diseased animals. 34 L.R.A. 
 (N.S.) 697. 
 
 Measure of damages for false representa- 
 tions in sale 'of real estate. 8 L.R.A. 
 (N.S.) 804; 16 L.R.A.(N.S.) 818. 
 
 Measure of damages for fraud in the ex- 
 change of property. 38 L.R.A. 
 (N.S.) 465. 
 
 May purchaser recover damages for breach 
 of warranty or fraud as to both articles 
 where one article is substituted for an- 
 other at his request and both are de- 
 fective. 37 L.R.A. (N.S.) 298. 
 
 Rescission of purchaser for seller's fraud 
 as affecting former's right to recover 
 damages other than loss of contract. 
 31 L.R.A. (N.S.) 910. 
 
 g 48. Generally. 
 
 Allowance of punitive or exemplary dam- 
 
 ages for, see supra, 16. 
 Against passenger, see supra, 43-45. 
 Liability for mental anguish, see infra, 
 
 '97-99. 
 Loss of profits as an element of damages, 
 
 see infra, 108. 
 
 Right to interest on damages. 28 L.R.A. 
 
 (N.S.) 1. 
 Law governing measure of damages for. 
 
 56 L.R.A. 312. 
 For withholding or destroying evidence to I 50a. Breach of promise; seduction. 
 
 which adversary is entitled. 34 L.R.A. I Mitigation of damages for breach of promise 
 
 of marriage, see supra, 6. 
 Begin iHth this book on every law question. 
 
 g. Sexual offenses; breach of promise; 
 seduction; criminal conversation; 
 alienation of affections. 
 
 50. In general. 
 
 Mental angu'sh as element of damages for 
 trespass on person of a woman affect- 
 ing her character or reputation for 
 chastity. 33 L.R.A. (N.S.) 98.
 
 INDEX TO L.R.A. NOTES. 
 
 DAMAGES, III. g cont'd. 
 
 Measure of damages for breach of promise 
 
 to marry. 41 L.R.A. (N.S.) 840. 
 Right to prove seduction in aggravation 
 
 of damages in breach of promise case. 
 
 4 L.R.A.(N.S.) 616; 36 L.R.A. (N.S.) 
 
 388. 
 Necessity of averring seduction in order to 
 
 recover therefor in an action for breach 
 
 of promise. 33 L.R.A.(N.S. )702. 
 Pregnancy or birth of child as an element 
 
 of damages for breach of promise. 43 
 
 L.R.A.(N.S.) 972. 
 Amount of damages recoverable for seduc- 
 
 tion. 52 L.R.A.(N.S.) 85. 
 Mental anguish as element of damages in 
 
 cases of seduction. 33 L.R.A.(N.S.) 
 
 5 Ob. Criminal conversation; alien- 
 ation of affections. 
 
 Excessive damages in action for alienation 
 
 of affections or criminal conversation. 
 
 42 L.R.A.(N.S.) 582. 
 Mental suffering of husband as element of 
 
 damages for criminal conversation. 16 
 
 L.R.A.(N.S.) 674. 
 
 Jr. Against corporate directors or pro- 
 moters. 
 
 51. Generally. 
 
 For breach of duty by directors. 55 L.R.A. 
 
 774. 
 Measure of damages against promoters of 
 
 corporations. 18 L.R.A. (N.S.) 1131. 
 
 i. Assault; false imprisonment; ma- 
 licious prosecution; abuse of process. 
 
 52. Assault. 
 
 Inadequacy of damages as ground for set- 
 
 ting aside verdict. 47 L.R.A. 44; 39 
 
 L.R.A. (N.S.) 487. 
 Right to recover for mental suffering caused 
 
 by assault where no bodily injury is in- 
 
 fl'icted. 2$ L.R.A. (N.S.) 976. 
 Mental anguish as element of damages for 
 
 trespass on person of woman affecting 
 
 her character or reputation for chas- 
 
 tity. 33 L.R.A. (N.S.) 98. 
 Punitive damages for assault by carrier's 
 
 servant on passenger. 32 L.R.A. (N.S.) 
 
 1201; L.R.A.1915E, 671. 
 Admissibility of evidence of provocation to 
 
 mitigate damages. 1 L.R.A. (N.S.) 
 
 137; 11 L.R.A.(N.S.) 670. 
 
 53. False imprisonment. 
 
 Condition of place of imprisonment and 
 treatment while in custody as elements 
 of damages. 33 L.R.A. (N.S.) 291; 
 L.R.A.1915D, 622. 
 
 Release upon defendant's own recognizance 
 or on bail as affecting damages recov- 
 erable. 22 L.R.A. (N.S.) 1196. 
 
 Reasonable and probable cause of siispicion 
 as mitigating damages for false im- 
 prisonment. 45 L.R.A.(N.S.) 64. 
 
 54. Malicious prosecution. 
 
 Punitive damages, see supra. 16a. 
 Consult also L.R.A. Digests of Cases. 
 
 DAMAGES, III. h cont'd. 
 
 Mitigation of damages because of advice of 
 counsel. 18 L.R.A. (X.S.) 54. 
 
 Mitigation of damages for wrongful attach- 
 ment by showing subsequent seizure 
 and sale of the attached property by the 
 plaintiff in attachment or by offsetting 
 the indebtedness or judgment in hia 
 favor. L.R.A.1918B, 801. 
 
 Loss of profits as element of damages for 
 wrongful attachment. 46 L.R.A. (N.S.) 
 470. 
 
 Condition of place of imprisonment and 
 treatment while in custody as elements 
 of damages. 33 L.R.A. (N.S.) 291; 
 L.R.A.1915D, 621. 
 
 Inadequacy of damages as ground for set- 
 ting aside verdict. 47 L.R.A. 43. 
 
 In action for malicious prosecution for 
 wrongful search of premises. 39 L.R.A. 
 (N.S.) 207. 
 
 55. Abuse of process. 
 
 Exemplary damages, see supra, 16a. 
 
 Loss of profits as element of damages for 
 conversion under color of judicial pro- 
 cess. 52 L.R.A. 54. 
 
 Right to interest on damages from wrong- 
 ful levy. 28 L.R.A. (N.S.) 36. 
 
 j. Libel or slander. 
 
 56. 'Generally. 
 
 Mitigation of damages for, see supra, 9. 
 Punitive damages for, see supra, 16b. 
 
 Measure of damages for libel or slander 
 reflecting on integrity or responsibility 
 of merchant. 44 L.R.A. (N.S.) 351. 
 
 Special damages which will sustain an ac- 
 tion for libel or slander in charging a 
 woman with unchastity. 24 L.R.A. 
 (N.S.) 577; 48 L.R.A. (N.S.) 615. 
 
 Damages against telegraph company for 
 handling libelous message. 9 L.R.A. 
 (N.S.) 141. 
 
 Admissibility of evidence of family rela- 
 tions of plaintiff on question of dam- 
 ages. 23 L.R.A. (N.S.) 362. 
 
 Mitigation of damages for libel or slander 
 by wife. 30 L.R.A. 529. 
 
 Sufficiency of retraction to reduce damages 
 in an action for libel as a question for 
 the court or for the jury. 25 L.R.A. 
 (N.S.) 796. 
 
 Bad character or reputation of plaintiff as 
 mitigating damages. 38 L.R.A. (N.S.) 
 1176. 
 
 Inadequacy of damages as ground for set- 
 ting aside verdict. 47 L.R.A. 42. 
 
 7c. Personal injuries. 
 
 57. Generally. 
 
 Mitigation or reduction of damages, see" 
 
 supra, 7. 
 
 Punitive damages for, see supra, 18. 
 To passenger, see supra, 43, 44. 
 Liability for mental anguish, see infraJ 
 
 100.
 
 308 
 
 LNDKX TO LK.A. NOTES. 
 
 DAMAGES, III. k cont'd. 
 
 Krk'vancy and materiality of evidence as 
 to, see EVIDKNCK, 264. 
 
 Extent of recovery under Workmen's Com- 
 pensation Act, see WORKMEN'S COM- 
 
 H N NATION, 15, 15a. 
 
 'Admissibility of opinion of party or wit- 
 ness as to extent of monetary damages 
 Mi*.tained in consequences of personal 
 injury. 52 L.R.A.(N.S.) 167. 
 
 Receipt of proceeds of insurance as affect- 
 ing measure of damages for injury. 
 L.R.A.1915E, 1201. 
 
 Law governing measure of damages for. 56 
 L.R.A. 312. 
 
 Aa affected by loss of profits. 52 L.R.A. 
 36. 
 
 Right to interest on damages. 28 L.R.A. 
 (N.S.) 70. 
 
 Difference between law of forum and of 
 place of injury affecting amount of re- 
 covery. 56 L.R.A. 205. 
 
 Against municipality for injury from defect 
 or obstruction in street. 20 L.R.A. 
 (N.S.) 763. 
 
 Measure of damages recoverable from land- 
 lord for injury to tenant from defect 
 in premises. 34 L.R.A. 831. 
 
 Extent of trespasser's liability for, as a 
 consequential injury. 53 L.R.A. 631. 
 
 Measure of damages for personal injury 
 by dog. 37 L.R.A.(N.S.) 8^5. 
 
 Liability of telegraph company for continued 
 physical suffering of sender of message 
 because of negligence in transmission 
 and delivery. 11 L.R.A.(N.S.) 1149. 
 
 Damages recoverable in action by master 
 for injury to servant or apprentice. 
 32 L.R.A.(N.S.) 38. 
 
 Wife's right to recovery for loss of consor- 
 tium resulting from negligent injury to 
 husband. 24 L.R.A.(N.S.) 1024; L.R.A. 
 191 6E, 703. 
 
 Elements and measure of damages in action 
 under Federal Employers' Liability Act. 
 47 L.RJL(N.S.) 80; L.R.A.1915C, 87. 
 
 Extent and character of developments fol- 
 lowing personal injury for which per- 
 son inflicting the injury is liable. 48 
 L.R.A.(N.S.) 93. 
 
 May substantive law of state be invoked in 
 action for personal injuries, not result- 
 ing in death, on waters within the mari- 
 time jurisdiction. L.R.A.1917F, 678. 
 
 58. Cost of medical attendance as 
 clement. 
 
 Allowance for physician's services in action 
 for personal injuries, without evidence 
 of the value thereof. 19 L.R.A. (N.S.) 
 920. 
 
 Cost of medical treatment as element of 
 damages for injury by dog. 37 L.R.A. 
 iX.S.) 86(5. 
 
 As element of recovery under Workmen's 
 Compensation Act. L.R.A.1917D, 178. 
 
 59. Extent of recovery by husband 
 for injuries to wife. 
 
 Husband's right to recover for loss of con- 
 
 DAMAGES, III. k cont'd. 
 
 sortium through personal injury to 
 wife. 33 L.R.A. (N.S.) 1042; L.R.A. 
 1915D, 524. 
 
 Right of married woman to recover for loss 
 of time, services, wages, or impaired 
 capacity. 20 L.R.A. (N.S.) 215. 
 
 Excessiveness of verdict in action by hus- 
 
 band for services 
 L.R.A. 1915F, 489. 
 
 of injured wife. 
 
 Begin with this book on every law question. 
 
 59a. Extent of recovery generally by 
 married woman for injuries to her. 
 
 Right of married woman to recover for loss 
 of time, services, wages, or impaired 
 capacity to labor. 20 L.R.A. (N.S.) 
 215. 
 
 Effect of temporary cessation from inde- 
 pendent employment upon right of 
 married woman to recover for loss of 
 earning capacity due to personal in- 
 jury. 23 L.R.A. (N.S.) 408. 
 
 Excessiveness of verdict in action for per- 
 sonal injury to married woman. L.R.A. 
 1915F, 188. 
 
 Marriage of woman after personal injury as 
 affecting damages. L.R.A.1916C, 592. 
 
 60. Damages for miscarriage. 
 
 Excessiveness of verdict for injuries indu- 
 cing. L.R.A.1915F, 426. 
 
 Recovery of damages for miscarriage. 32 
 L.R.A. 142. 
 
 Miscarriage as an element of damages. 23 
 L.R.A.(N.S.) 345. 
 
 Off-set against damages for suffering from 
 miscarriage, of suffering which would 
 have resulted from natural parturition. 
 17 L.R.A.(N.S.) 598. 
 
 Mental anguish as element of damages for. 
 17- L.R.A.(N.S.) 594; L.R.A.1917E, 
 1049. 
 
 Right to recover for miscarriage resulting 
 from fright caused by wrongful act. 3 
 L.R.A. (N.S.) 49; 22 L.R.A.(N.S.) 
 1073; 24 L.R.A. (N.S.) 1159; L.R.A. 
 1915D, 830. 
 
 61. Injury to business or time lost. 
 
 Admissibility on question of damages for 
 personal injuries of amount paid for 
 services of substitute during incapacity. 
 30 L.R.A.(N.S.) 737. 
 
 Recovery for loss of time, in action for per- 
 sonal injury, as affected by contin- 
 gent character of compensation. 8 
 L.R.A.(N.S.) 1228. 
 
 8 62. Prospective damages. 
 Continuing effect of injury. 11 L.R.A. 45.* 
 Damages probable in the future. 11 L.R.A. 
 46.* 
 
 63. injury to earning power. 
 
 Right of married woman to recover for im- 
 paired capacity to labor. 20 L.R.A. 
 (N.S.) 215.
 
 INDEX TO L.R.A. NOTES. 
 
 369 
 
 DAMAGES, III. k cont'd. 
 
 Effect of temporary cessation from inde- 
 pendent employment on married wom- 
 an's right to recover for loss of earning 
 capacity due to personal injury. 23 
 L.R.A.(N.S.) 408. 
 
 Right of infant to recover damages for loss 
 of services or diminished earning capac- 
 ity, during minority, from personal in- 
 juries. 6 L.R.A.(N.S.) 552. 
 
 Admissibility of evidence of earnings in 
 higher position on question of damages 
 for injury to person in line of pro- 
 motion. 1 L.R.A.(N.S.) U50. 
 
 64. Excessive or inadequate recovery. 
 
 Excessiveness of verdicts in actions for per- 
 sonal injuries other than death. L.R.A. 
 1915F, 30. 
 
 Review by appellate court of trial court's 
 ruling on motion to grant a new trial 
 in an action for bodily injuries, on the 
 ground of inadequacy of damages 
 awarded. 28 L.R.A. (N.S.) 130. 
 
 I. Death. 
 
 65. Generally. 
 
 Mitigation or reduction of damages, see 
 
 supra, 7. 
 
 Punitive damages for, see supra, 18. 
 Liability for mental anguish, see infra, 
 
 101. 
 
 Generally. 17 L.R.A. 71. 
 
 Law governing. 15 L.R.A. 585; 56 L.R.A. 
 
 312. 
 Pecuniary loss only recoverable. 17 L.R.A. 
 
 71. 
 Presumption and burden of proof as to 
 
 pecuniary loss. L.R.A.1918C, 1056. 
 Character and sufficiency of evidence to 
 
 show pecuniary loss to estate of dece- 
 dent. L.R.A.1918C, 1111. 
 Character and sufficiency of evidence to 
 
 show pecuniary loss to beneficiary in 
 
 action for death. L.R.A.1918C, 1122. 
 Character and sufficiency of evidence to 
 
 show pecuniary loss to parents by 
 
 death of child. L.R.A.1918E, 278. 
 Evidence of the earnings of the deceased to 
 
 show pecuniary loss by his death. 
 
 L.R.A.1918C, 1080. 
 Admissibility of opinion evidence to show 
 
 pecuniary loss in action for wrongful 
 
 death. L.R.A.1918C, 1096. 
 Admissibility and use of mortality tables in 
 
 death action to show pecuniary loss. 
 
 L.R.A.1918C, 1071. 
 Reduction to present value of pecuniary loss 
 
 to the statutory beneficiaries from 
 
 death. L.R.A.1917F, 373. 
 Pain and suffering. 17 L.R.A. 72. 
 State statutes construed. 17 L.R.A. 73. 
 Contributive causes of death. 17 L.R.A. 76. 
 Action for death of relative. 17 L.R.A. 76. 
 Damages recoverable by collateral kindred 
 
 for negligent killing of their relative. 
 
 11 L.R.A.(N.S.) 623. 
 May parent's recovery for death of minor 
 
 child extend beyond his minority. 48 
 
 L.R.A.(N.S.) 687. 
 
 Effect of benefit from other source to miti- 
 gate damages. 67 L.R.A. 91. 
 Consitlt also L.R.A. Digests of Cases. 24 
 
 DAMAGES, III. 1 cont'd. 
 
 Receipt by beneficiary of property from 
 estate of decedent as affecting damages 
 recoverable for decedent's death. L7R.A. 
 1915E, 1205. 
 
 Receipt of proceeds of insurance as affecting 
 measure of damages for death. L.R.A. 
 1915E, 1201. 
 
 Instantaneous death as test of amount of 
 recovery. L.R.A.1916C, 973. 
 
 In action under Federal employers' lia- 
 bility act. 47 L.R.A. (N.S.) 80; L.R.A. 
 1915C, 87. 
 
 Interest on sum allowed as damages. 18 
 L.R.A. 449; 28 L.R.A. (N.S.) 72. 
 
 Differences as to amount of recovery as af- 
 fecting action for death based on stat- 
 ute of another state. 56 L.R.A. 205. 
 
 Effect of previous disease of person injured 
 resulting in death on liability for caus- 
 ing the injuries. 16 L.R.A. 269; 17 
 L.R.A. 71. 
 
 Settlement of cause of action for death by 
 beneficiaries without assent of executor 
 or administrator. 35 L.R.A. (N.S.) 
 207. 
 
 Recovery by administrator, in action for 
 benefit of estate, of probable accumula- 
 tions of deceased as damages for death. 
 15 L.R.A.(N.S.) 451. 
 
 Right to recover funeral or medical ex- 
 penses. 2 B. R. C. 711. 
 
 Admissibility in action for wrongful death 
 of evidence of profits or contributions 
 from business conducted by decedent. 
 L.R.A.1918C, 1087. 
 
 Evidence of habits or character of person 
 killed as affecting damages. 1 L.R.A. 
 (N.S.) 198. 
 
 65a. Excessive or inadequate re- 
 covery. 
 
 Excessive or inadequate damages for per- 
 sonal injuries resulting in death, 
 L.R.A.1916C, 820. 
 
 Rules guiding the courts on appeal in de- 
 termining excessiveness or inadequacy 
 of verdicts for personal injuries result- 
 ing in death. L.R.A.1916C, 810. 
 
 Excessive damages under civil damage act 
 for death through intoxication. L.R.A. 
 1916D, 943. 
 
 66. Of husband or wife. 
 
 Presumption and burden of proof as to 
 
 pecuniary loss. L.R.A.1918C, 1060. 
 Instances of excessive or inadequate amount. 
 
 L.R.A.1916C, 864. 
 Loss of consortium as element of damage 
 
 for wrongful death. 19 L.R.A. (N.S.) 
 
 633; L.R.A.1916D, 187. 
 Measure of damages recoverable for negli- 
 gent killing of husband. 17 L.R.A. 
 76. 
 Measure of damages for death of wife. 17 
 
 L.R.A. 77. 
 Husband's right at common law to recover 
 
 for loss of time and funeral expenses 
 
 necessitated by negligent killing of his 
 
 wife. 9 LJUMN.S.) 1193.
 
 .-.Til 
 
 DA MACKS, III. 1 confd. 
 
 Widosv's right to year's support or allow- 
 ance out of fund recovered for negli- 
 ^'nt killing of husband. 42 L.R.A. 
 '(N.S.) 725. 
 
 Marriage of injured person after his injury 
 as affectikg damages recoverable for his 
 death from such injury. T p A IQISK 
 1199. 
 
 INDIA 1U L.K. A. .NOTES. 
 
 L.R. 
 
 67. Damages recoverable by minor 
 for death of parent. 
 
 Elements of damages recoverable by child 
 for death of mother. 19 L.R.A. (N.S.) 
 128. 
 
 Is minor's right to damages for negligent 
 killing of parent limited to period of 
 minority. 18 L.R.A.(N.S.) 1205; 39 
 L.R.A.(N.S.) 1156. 
 
 m. Injury to or detention of personal 
 property. 
 
 68. Injury or destruction. 
 
 Injury to growing crops, see infra, 74. 
 
 Injury to trees, see infra, 75. 
 
 Injury to personalty, as element of damages 
 
 from condemnation of realty, see infra, 
 
 111. q. 
 
 Possibility of salvage as affecting amount of 
 damages for destruction of property. 
 L.R.A.1918A, 276. 
 
 Measure of damages for injury to tenant's 
 property by water. L.R.A.1917B, 234. 
 
 Measure of damages for loss of, or injury 
 to, household goods or wearing apparel. 
 L.R.A.1917D, 495. 
 
 Measure of recovery for damages to goods 
 received for cold storage. 52 L.R.A. 
 108; 38 L.R.A.(N.S.) 997. 
 
 In action by bailee for damages to bailed 
 property. 3 B. R. C. 393. 
 
 Measure of damages for damage to automo- 
 bile used for pleasure. L.R.A.1915C, 
 319. 
 
 Measure of damages in case of unlawful 
 seizure of mortgaged chattels by mort- 
 gagee assuming to act under mortgage. 
 L.R.A.1915E, 199. 
 
 Extent of liability of municipality for prop- 
 erty destroyed by mob. 24 L.R.A. 595. 
 
 Constitutionality of statutes relating to 
 fixing value of stock killed on unfenced 
 road. 31 L.R.A. (N.S.) 867. 
 
 Right to interest on damages. 18 L.R.A. 
 450; 28 L.R.A.(N.S.) 12, 28, 38, 42, 66, 
 68, 81. 
 
 Measure of damages for loss or destruction 
 of manuscript, legal papers, and the 
 like. 8 L.R.A.(N.S.) 369. 
 
 Loss of time as element of damages for de- 
 struction or loss of use of implements 
 or tools of laborer or professional man. 
 25 L.R.A.(N.S.) 625. 
 
 Loss of profits as element of damages for 
 wrongful destruction of logs or timber. 
 18 L.R.A.(N.S.) 250. 
 
 8 69. Replevin. 
 
 Measure of recovery on replevin bond, see 
 supra, 28. 
 
 Begin tcith this book on every law question. 
 
 DAM AUKS, III. m cont'd. 
 
 Loss of profits as element of damages for 
 seizure under wrongful replevin. 52 
 L.R.A. 56. 
 
 Right to interest on value of property 
 taken. 28 L.R.A. (N.S.) 42. 
 
 Do damages in replevin for propeity con- 
 verted include value added by the 
 transportation of the goods of the 
 wrongdoer after conversion. 52 L.R.A. 
 (N.S.) 39G. 
 
 70. Conversion. 
 
 Mitigation of, see supra, 9a. 
 
 For conversion of household goods or wear- 
 ing apparel. L.R.A.1917D, 495. 
 
 In action by bailee for conversion of bailed 
 property. 3 B. R, C. 393. 
 
 Loss of profits as element of damages for 
 
 conversion. 52 L.R.A. 51. 
 Conversion of logs or timber. 18 L.R.A. 
 (N.S.) 250; 52 L.R.A. (N.S.) 97. 
 
 Measure of damages for pledgee's conver- 
 sion of property by invalid sale. 43 
 L.R.A. 768. 
 
 Damages recoverable by conditional vendor 
 of personalty from third person who 
 converts the same after partial pay- 
 ment of the purchase price. 10 L.R.A. 
 (N.S.) 458. 
 
 Measure of damages in trover for injury to, 
 or destruction of, trees or standing tim- 
 ber. 19 L.R.A. 654; 18 L.R.A. (N.S.) 
 247; 52 L.R.A. (N.S.) 93. 
 
 Do damages for conversion include value 
 added by the transportation of the 
 goods by wrongdoer after conver- 
 sion. 52 L.R.A.(N.S.) 392. 
 
 Value of use of property as element or 
 measure of damages in action for con- 
 version of personal property. L.R.A. 
 1915B, 291. 
 
 n. Injury to, or detention of, real prop- 
 erty. 
 
 1. In general. 
 
 71. Generally. 
 
 In condemnation proceedings, see infra, 
 III. q. 
 
 Cost of restoration as measure of. 17 
 
 L.R.A. 426. 
 Right to interest on damages. 28 L.R.A. 
 
 (N.S.) 38. 
 Measure of damages to leasehold from 
 
 change of grade. L.R.A.1917C, 428. 
 Measure of damages against tenant for con- 
 dition of premises. 64 L.R.A. 665. 
 Measure of damages for failure of lessee 
 
 under oil and gas lease to protect leased 
 
 premises from wells on adjoining land. 
 
 L.R.A.1917E 983. 
 Extent of liability of municipality for prop- 
 
 erty destroyed by mob. 24 L.R.A. 595. 
 Measure of damages for allowing land to 
 
 become infested with weeds. 12 L.R.A. 
 
 (N.S.) 88.
 
 INDEX TO L.R.A. NOTES. 
 
 371 
 
 DAMAGES, III. n, 1 cont'd. 
 
 Loss of customers as element of damages 
 from obstruction of highway. 13 
 L.R.A. (N.S.) 253. 
 
 Measure of damages for injury to public 
 land before homesteader receives pat- 
 ent. 17 L.R.A.(N.S.) 958. 
 
 Duty to commit wrongful acts to minimize 
 damages. 3 L.R.A. (N.S.) 1092. 
 
 Duty to mitigate damages from trespass. 
 .'38 L.R.A. (N.S.) 244. 
 
 Duty of property owner to minimize dam- 
 ages from change of grade. 44 L.R.A. 
 (N.S.) 301. 
 
 Mental anguish as element of damages for 
 trespass. 53 L.R.A. 632. 
 
 Loss of profits as element of damages for 
 trespass. 52 L.R.A. 42. 
 
 Personal wrong as aggravation of damages 
 for trespass on realty. 19 L.R.A. 
 (N.S.) 1034; 37 L.R.A. (N.S.) 912. 
 
 72. Removal of lateral or subjacent 
 support. 
 
 For removal of lateral or subjacent support. 
 68 L.R.A. 701. 
 
 Removal of lateral support as constituting 
 damaging or injuring within meaning 
 of constitutional provision against tak- 
 ing, damaging, or injuring property for 
 public use without compensation. 5 
 L.R.A.(N.S.) 1086; L.R.A.1917E, 576. 
 
 Measure of damages for destruction of, or 
 damage to, building by excavating. 
 L.R.A.1917A, 371. 
 
 Measure and elements of damages recover- 
 able for non-negligent interference with 
 right of support. 5 B. R. C. 923. 
 
 73. Extent of trespasser's liability 
 for consequential injuries. 
 
 In general. 53 L.R.A. 626. 
 
 Consequential injuries to property. 53 
 
 L.R.A. 627. 
 Consequential injuries to the person. 53 
 
 L.R.A. 631. 
 
 2. Injury to, or destruction of build- 
 ings, crops, or trees. 
 
 73a. Buildings. 
 
 Measure of damages for destruction of, or 
 damage to, building. L.R.A.1917A, 367. 
 
 74. Crops. 
 
 By overflow, see infra, 77. 
 
 Measure of damages for injury to or de- 
 struction of growing crops. 12 L.R.A. 
 (N.S.) 267; 23 L.R.A.(N.S.) 310; 27 
 L.R.A.(N.S.) 168; 37 L.R.A. (N.S.) 
 976; 49 L.R.A. (N.S.) 415. 
 
 Injuries to crops, as element of damages 
 from removal of fence. 53 L.R.A. 630. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DAMAGES, III. n, 2 cont'd. 
 
 Loss of crops as element of damages for 
 breach of warranty because of unex- 
 pired lease. 35 L.R.A.(N.S.) 781. 
 
 Measure of damages for breach of contract 
 to furnish water for irrigation. 19 
 L.R.A.(N.S.) 938; 31 L.R.A. (N.S.) 
 743. 
 
 75. Trees and timber. 
 
 Measure of damages for injury to, or de- 
 struction of, trees or shrubbery not 
 valuable for their timber or firewood. 
 11 L.R.A.(N.S.) 930; 28 L.R.A. (N.S.) 
 757; 37 L.R.A.(N.S.) 1115. 
 Measure of damages for wrongful cutting 
 or destruction of standing timber. 
 19 L.R.A. 653; 18 L.R.A. (N.S.) 
 244; 52 L.R.A. (N.S.) 91. 
 Loss of profits as element of damages. 
 18 L.R.A.(N.S.) 250; 52 L.R.A. 
 (N.S.) 97. 
 
 In action for trespass by entering upon 
 land to remove timber after time lim- 
 it. 29 L.R.A. (N.S.) 551. 
 Right to interest on value of timber de- 
 stroyed by fire. 18 L.R.A. 450; 28 
 L.R.A.(N.S.) 66. 
 
 3. Injury to water rights; overflows; 
 pollution. 
 
 76. Generally. 
 
 For cutting off access of riparian owner to 
 navigable waters. 15 L.R.A. 618. 
 
 Measure of damages for breach of contract 
 to furnish water for irrigation. 19 
 L.R.A.(N.S.) 938; 31 L.R.A.(N.S.) 
 743. 
 
 Measure of damages for taking of water 
 by right of eminent domain. 58 L.R.A. 
 253. 
 
 Measure of damages for property taken for 
 purposes of canal. 61 L.R.A. 841. 
 
 Right to interest on damages in cases in- 
 volving water rights. 28 L.R.A. (N.S.) 
 76. 
 
 Loss of profits as elements of damages for 
 interference with water power of mill. 
 52 L.R.A.(N.S.) 1004. 
 
 77. Flooding; obstruction; surface 
 water. 
 
 Mitigation of damages, see supra, lOa. 
 
 Measure of damages for the occasional 
 flooding of land. 3 L.R.A. (N.S.) 973. 
 
 For destruction of, or damage to, building 
 by water. L.R.A.1917A, 373. 
 
 For obstructing water of stream. 59 L.R.A. 
 892. 
 
 Measure of damages for injury to, or de- 
 struction of, growing crop by overflow. 
 12 L.R.A. (N.S.) 267; 27 L.R.A. (N.S.) 
 168; 37 L.R.A.(N.S.) 976; 49 L.R.A. 
 (N.S.) 415. 
 
 Loss of profits as element of damages for 
 obstruction of water way. 52 L.R.A. 
 47.
 
 372 
 
 INDEX TO L.R.A. NOTES. 
 
 DAMAGES, lU. n, 3 cont'd. 
 
 Measure of damages recoverable from mu- 
 nicipal corporation for overflow from 
 defective sewer or street. 29 L.R.A. 
 (NJ3.) 860. 
 
 g 78. Municipal liability with respect 
 'to drains and sewers. 
 
 Measure of damages for breach of duty by 
 municipality with respect to drainage. 
 61 L.R.A. 712. 
 
 Measure of damages recoverable from mu- 
 nicipal corporation for overflow from 
 defective sewer or street. 29 L.R.A. 
 (N.S.) 860. 
 
 79. Pollution. 
 
 Injury to fishing right as damages from 
 pollution. 33 L.R.A.(N.S.) 74. 
 
 Pollution of water as an element of dam- 
 ages for taking railroad right of way. 
 47 L.R.A. 782. 
 
 o. Nuisance. 
 
 80. Generally. 
 
 Punitive damages for, see supra, 17. 
 
 Loss of profits as element of damages. 52 
 L.R.A. 49. 
 
 Right to interest on damages from nui- 
 sances. 28 L.R.A.(N.S.) 74. 
 
 May benefits from nuisance be set off 
 against damages. 45 L.R.A. (N.S.) 773. 
 
 p. Injury to business. 
 
 8 81. Generally. 
 
 By personal injury, see supra, 61. 
 
 In condemnation proceedings, see infra, 
 
 88. 
 
 Loss of profits as element of damages, see 
 infra, 111. 
 
 Loss of customers as element of damages 
 from obstruction of highway. 13 
 L.R.A.(N.S.) 253. 
 
 As element of damages in action on replevin 
 bond. 30 L.R.A. (N.S.) 371. 
 
 q. Condemnation or depreciation in 
 value by eminent domain. 
 
 1. In general. 
 
 g 82. Generally. 
 
 Loss of profits as element, see infra, 113. 
 
 Right to compensation generally, see EMI- 
 ENT DOMAIN, 45-53. 
 
 Valuation of property of public utility com- 
 pany for condemnation purposes, see 
 also PUBLIC SERVICE CORPORATIONS, 5. 
 
 Constitutionality of statute empowering 
 public service commission or other gen- 
 eral board to determine amount of com- 
 pensation in eminent domain proceed- 
 ings. 52 L.R.A.(N.S.) 850. 
 
 What damage or loss is within provision 
 for payment of damages upon discon- 
 tinuance of proceedings in eminent do- 
 main. 52 L.R.A.(N.S.) 262. 
 
 DAMAGES, III. q, 1 cont'd. 
 
 Prospective value of property as element of 
 compensation in eminent domain. 
 L.R.A.1917A, 405. 
 
 Evidence as to price paid for other prop- 
 erty by party seeking to condemn prop- 
 erty for public use. 43 L.R.A. (N.S.) 
 985. 
 
 Separation of parcels of land by stream, 
 canal, highway or railroad as affecting 
 the right to treat them as one tract 
 for the purpose of assessing damages. 
 9 L.R.A.(N.S.) 426. 
 
 Injury to, or expense of removing, person- 
 alty, as element of damage for taking 
 real estate. 4 L.R.A. (N.S.) 890. 
 
 Taking of water. 58 L.R.A. 253. 
 
 Property taken for purposes of canal. 61 
 L.R.A. 841. 
 
 Measure of damages for right of way taken 
 for drains and sewers. 60 L.R.A. 204. 
 
 For removal of lateral or subjacent sup- 
 port. 68 L.R.A. 701. 
 
 Amount 01 damages recoverable by tenant 
 and reversioner. 21 L.R.A. 217, 223. 
 
 Right to interest on award. 28 L.R.A. 
 (N.S.) 51, 79; L.R.A.1916C, 1109. 
 
 Allowance of interest on value of property 
 destroyed from negligent construction 
 of railroads, canals, etc. 18 L.R.A. 
 454. 
 
 Conclusiveness of testimony of experts as 
 to value and damages in eminent do- 
 main proceedings. 42 L.R.A. 767. 
 
 Evidence of structural value of improve- 
 ments to fix damages in condemnation. 
 41 L.R.A.(N.S.) 411. 
 
 Right to allowance for improvements made 
 with knowledge that property would 
 be required for public use. 36 L.R.A. 
 (N.S.) 273. 
 
 Right to recover cost of alteration made in 
 anticipation of, and to prevent or re- 
 duce damages to property from, a pub- 
 lic improvement. L.R.A.1917C, 1189. 
 
 Right to compensation for fixtures in build- 
 ing taken. L.R.A.1915D, 492. 
 
 Compensation to be paid a public utility 
 company upon taking its plant. 47 
 L.R.A.(N.S.) 770. See also PUBLIC 
 SERVICE CORPORATIONS, 5. 
 
 83. Value for special use. 
 
 Special value of property for the purpose 
 for which it is taken as an element of 
 compensation in condemnation proceed- 
 ings. 11 L.R.A.(N.S.) 996; 46 L.R.A. 
 (N.S.) 392. 
 
 Compensation allowable in eminent domain 
 proceedings as affected by adaptability 
 of property for uses other than that to 
 which it is applied by owner. 15 
 L.R.A.(N.S.) 679. 
 
 Right to consider value of property as a 
 part of a natural water power, in fix- 
 ing compensation in eminent domain. 
 3 L.RA.(N.S.) 912. 
 
 Begin with this boolc on every law question. 
 
 84. Improvements made by one tak- 
 ing property as element of dam- 
 ages.
 
 INDEX TO L.R.A. NOTES. 
 
 373 
 
 DAMAGES, III. q, 1 cont'd. 
 
 Owner's right to compensation for improve- 
 ments made by taker before condemna- 
 tion and without owner's consent. 
 L.RA.1916F, 980. 
 
 85. Effect of preserving to owner an 
 estate, rights, or easement. 
 
 Mitigation of damages in condemnation 
 cases by preserving. 26 L.R.A. 
 751. 
 
 86. For telephone or telegraph right 
 of way. 
 
 When private property is taken. 26 L.R.A. 
 
 (N.S.) 189; L.R.A.1916E, 583. 
 Lines in street or highway. 26 L.R.A. 
 
 (N.S.) 189; L.R.A.1916E, 583. 
 Lines on railway right of way. 26 L.R.A. 
 
 (N.S.) 191; L.R.A.1916E, 582. 
 
 2. Consequential injuries. 
 
 87. Generally. 
 
 Data necessary to warrant recovery for 
 consequential damages to real proper- 
 ty. 3 L.R.A. (N.S.) 333. 
 
 Pollution of water as an element of dam- 
 ages for taking railroad right of way. 
 47 L.R.A. 782. 
 
 Obstruction of surface water as element of 
 damages in eminent domain proceed- 
 ings for a railroad right of way. 13 
 L.R.A.(N.S.) 237. 
 
 Danger of injury to owner of property or 
 members of his family, or to his live 
 stock, as element of damages for rail- 
 road right of way. 10 L.R.A.(N.S.) 
 1003. 
 
 Compensation for depreciation of land not 
 taken on condemnation of land for 
 school purposes. 48 L.R.A. (N.S.) 488. 
 
 Right to compensation for interference with 
 switch connections or other shipping 
 facilities. 52 L.R.A. (N.S.) 192. 
 
 Injury to, or expense of removing, per- 
 sonalty, as an element of damage for 
 taking real estate. L.R.A.1916D, 719. 
 
 Obstruction of view as element of damages. 
 L.R.A.1917C, 1139. 
 
 87a. By smoke. 
 
 Right to compensation for damages to part 
 of the tract not taken from smoke 
 incidental to operation of railroad. 17 
 L.R.A.(N.S.) 1054; 40 L.R.A. (N.S.) 48. 
 
 Compensation on account of damages to 
 part of tract not taken by smoke inci- 
 dent to operation of railroad. L.R.A. 
 1916E, 445. 
 
 87b. By noise. 
 
 Allowance for noise in proceedings to con- 
 demn railroad right of way on account 
 of damages to part of tract not taken. 
 38 L.R,A.(N.S.) 497; L.R.A.1916E, 445. 
 
 Right to compensation for noise incident 
 to ordinary operation of railroad where 
 no part of property taken. 17 L.R.A. 
 (N.S.) 1054; 40 L.R.A.(N.S.) 48. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DAMAGES, III. q, 2 cont'd. 
 
 Abutting owner's right to compensation 
 from noise from operation of railroad 
 in street. 36 L.R.A. (N.S.) 780. 
 
 88. Injury to business. 
 
 Loss of customers as element of damages 
 from obstruction of highway. 13 L.R.A. 
 (N.S.) 253. 
 
 Interruption of business, as element of dam- 
 ages for laying out street across rail- 
 road property. 24 L.R.A.(N.S.) 1231. 
 
 Loss of profits from suspension of business 
 while moving as element of damages. 
 17 L.R.A.(N.S.) 124. 
 
 3. As to abutting owners. 
 
 89. Generally. 
 
 In highway cases, see infra, 91, 92. 
 
 Measure of damages for right of way for 
 telegraph or telephone line in street or 
 highway. 26 L.R.A.(N.S.) 189; L.R.A. 
 1916E, '583. 
 
 Damages on condemnation of the fee of 
 land over which there is an exist- 
 ing highway. 15 L.R.A. 413; 37 
 L.R.A.(N.S.) 281. 
 
 Interference with access to highway from 
 the part of parcel not taken by the tak- 
 ing of another part as element of dam- 
 ages in condemnation. 28 L.R.A. (N.S.) 
 385. 
 
 90. By railroad or street railway in 
 street. 
 
 To abutting owner for laying street rail- 
 way near side of street. 43 L.R.A. 560. 
 
 Injury to abutter's easements by railroad 
 in street. 14 L.R.A. 383. 
 
 Does release of damages for construction of 
 railroad in highway include damages 
 from elevation of grade. 10 L.R.A. 
 (N.S.) 1202. 
 
 Nature of damages recoverable by abutting 
 owner on account of railroad in street. 
 36 L.R.A. (N.S.) 760. 
 
 Damages to abutting owner for right to 
 run interurban cars over the tracks of 
 a street railway company. 15 L.R.A. 
 (N.S.) 531. 
 
 4. In highway cases. 
 
 91. Generally. 
 
 Matters as to abutting owner generally, see 
 
 supra, III. q. 3. 
 Measure of compensation to abutting owner 
 
 for vacation of highway. 36 L.R.A. 
 
 (N.S.) 1118. 
 
 92. For laying out street across rail- 
 road property. 
 
 Nominal damages. 24 L.R.A.(N.S.) 1228. 
 Value of land taken. 24 L.R.A. (N.S.) 
 
 1229. 
 Decreased value for railway purposes. 24 
 
 L.R.A.(N.S.) 1229. 
 Value of land for future railway uses. 24 
 
 L.R.A.(N.S.) 1230. 
 Damage to property not taken. 24 L.R.A. 
 
 (N.S.) 1231.
 
 374 
 
 INDEX TO L.E.A. NOTES. 
 
 24 L.R.A. 
 
 DAM \<,KS, III. q, 4 cont'd. 
 Increased operating expenses. 
 
 (N.S.) 1231. 
 Interruption of business. 24 L.R.A. (N.S.) 
 
 1231. 
 Increased liability for accidents. 24 L.R.A. 
 
 (N.S.) 1232. 
 
 Compensation for construction and main- 
 tenance of crossing and safeguards. 
 
 f.-nrrs. 24 L.RJMN.S.) 1232. 
 Compensation for making approaches. 24 
 
 L.R.A.(N.S.) 1233. 
 Compensation for planking crossing. 24 
 
 L.R.A.(N.S.) 1233. 
 Compensation for cattle guards and wing 
 
 fences. 24 L.R.A. (N.S.) 1234. 
 Compensation for sign boards and whistle 
 
 posts. 24 L.R.A. (N.S.) 1235. 
 Compensation for safety gates and flagmen. 
 
 _M L.R.A.(N.S.) 1235. 
 Compensation for necessary structural 
 
 changes. 24 L.R.A.(N.S.) 1236. 
 Compensation for future alterations. 24 
 
 L.R.A. (N.S.) 1236. 
 Offsetting benefits to railroad company. 24 
 
 L.R.A.(N.S.) 1236. 
 Mitigating damages. 24 L.R.A. (N.S.) 1236. 
 
 5. Setting off benefits. 
 
 93. Generally. 
 
 Right to set off benefits against damages in 
 eminent domain proceedings. 9 
 L.R.A.(N.S.) 781; L.R.A.1918A, 
 884. 
 
 Offsetting benefits to railway company 
 against damages from laying out street 
 across railway property. 24 L.R.A. 
 (N.S.) 1236. 
 
 r. Injunction cases, 
 
 94. Generally. 
 
 Damages in lieu of injunction. 20 L.R.A. 
 752. 
 
 Damages recoverable in action on injunc- 
 tion bond. 13 L.R.A. 312. 
 
 Penalty as limit of liability on bond. 65 
 L.R.A. 389. 
 
 Loss of profits as element of damages for 
 wrongful injunction. 52 L.R.A. 58. 
 
 Measure of damages for wrongful injunc- 
 tion restraining erection of building. 
 39 L.R.A.(N.S.) 180. 
 
 s. In trademark, patent and copyright 
 cases. 
 
 8 95. Generally. 
 
 Punitive damages for infringement, see 
 
 supra, 19. 
 Loss of profits, see infra, 112. 
 
 Power of equity, upon enjoining unfair com- 
 petition or infringement of trademark, 
 iradename, patent, or copyright, to re- 
 quire defendant to pay damages sus- 
 tained by complainant as distinguished 
 
 21 
 
 from profits realized by defendant 
 L.R.A. (N.S.) 520. 
 Begin n-ith this book on every law question. 
 
 DAMAGES, III. s cont'd. 
 
 Must penalty in aggregate for infringing 
 copyright be multiple of what might 
 be given for each separate offense. 1 
 B. R. C. 768. 
 
 Right to interest on damages for infringe- 
 ment. 28 L.R.A.(N.S.) 75. 
 
 . t. Mental anguish. 
 
 1. In general. 
 
 96. Generally. 
 
 See also FRIGHT, 2, 3. 
 
 Mental suffering as element of damages in 
 
 action against physician or surgeon. 
 
 51 L.R.A.(N.S.) 36. 
 Effect of bad motive on liability for. 62 
 
 L.R.A. 719. 
 What evidence admissible to show mental 
 
 anguish. 19 L.R.A. (N.S.) 409. 
 Apprehension of injury to health as basis 
 
 of recovery for mental anguish. 20 
 
 L.R.A. (N.S.) 458. 
 
 97. For miscellaneous torts. 
 
 Liability of carrier for mental suffering of 
 passenger from mere verbal abuse un- 
 accompanied by other breach of duty. 
 L.R.A.1918A, 600. 
 
 Parent's mental anguish as element of dam- 
 ages, at common law, for personal tort 
 to minor child. 7 L.R.A.(N.S.) 518. 
 
 As element of damages for enticement or 
 abduction of child. 45 L.R.A.(N.S.) 
 874. 
 
 Right to recover for mental suffering 
 caused by an assault where no bodilv 
 injury is inflicted. 25 L.R.A. (N.S.) 
 976. 
 
 Humiliation as element of damages for ex- 
 clusion from place of amusement. 14 
 L.R.A.(N.S.) 1242; 38 L.R.A. (N.S.) 
 204; L.R.A.1915B, 1119. 
 
 As element of damages for trespass. 53 
 L.R.A. 632. 
 
 Mental anguish as basis of action for loss 
 of photograph. 47 L.R.A. (N.S.) 1120. 
 
 98. Matters as to corpse. 
 
 For mutilation of corpse. 6 L.R.A. (N.S.) 
 883. 
 
 Mental anguish as element of damages in 
 action for breach of contract relative 
 to corpse. 19 L.R.A. (N.S.) 564. 
 
 Mental anguish resulting from failure to be 
 met at station when traveling with 
 corpse because of negligence in trans- 
 mission of telegram. 49 L.R.A.(N.S.) 
 234, 334. 
 
 Presumption of notice of urgency of tele- 
 gram relating to corpse in action to re- 
 cover for mental anguish. 49. L.R.A. 
 (N.S.) 319. 
 
 Right to recover for mental anguish con- 
 
 sequent on failure of telegraph com 
 pany to transmit money for disposition 
 " L.R.A. (N.S. ) :;:;.-..
 
 INDEX TO L.K.A. NOTES. 
 
 375 
 
 DAMAGES, III. t, 1 cont'd. 
 99. Sexual offenses. 
 
 Mental suffering of husband as an element 
 of damages in criminal conversation. 
 16 L.R.A. (N.S.) 674. 
 
 Mental anguish as element of damages for 
 trespass on the person of a woman 
 affecting her character or reputa- 
 tion for chastity. 33 L.R.A.(N.S.) 
 98. 
 
 100. From personal injuries gener- 
 ally. 
 
 Right to recover for mental suffering on ac- 
 count of another's mental or physical 
 suffering. 19 L.R.A. (N.S.) 500. 
 
 Parent's mental anguish as element of dam- 
 ages at common law for personal tort 
 to minor child. 7 L.R.A.(N.S.) 518. 
 
 Mental suffering arising from contempla- 
 tion of disfigurement or mutilation as 
 element of damages for personal in- 
 juries. 15 L.R.A.(N.S.) 775; L.R.A. 
 1916E, 898. 
 
 Mental suffering as element of damages in 
 action against physician or surgeon. 
 51 L.R.A.(N.S.) 36. 
 
 Mental anguish over collateral consequences 
 of injury as element of damages for 
 personal injury. L.R.A.1916D, 1038. 
 
 Liability for apprehension, fright, etc., 
 through personal injury by dog. 37 
 L.R.A. (N.S.) 866. 
 
 Mental anguish as an element of damages 
 for personal injuries to pregnant wom- 
 an. 17 L.R.A.(N.S.) 594; L.R.A. 
 1917E, 1049. 
 
 Right to recover for miscarriage resulting 
 from fright caused by wrongful act. 
 3 L.R.A.(N.S.) 49; 22 L.R.A. (N.S.) 
 1073; 24 L.R.A. (N.S.) 1159. 
 
 101. From death. 
 
 Mental suffering of parent as element of 
 damages in action for death of child. 
 2 L.R.A.(N.S.) 898. 
 
 2. As to telegrams. 
 
 102. Generally. 
 
 As to measure of damages against telegraph 
 companies, generally, see supra, 41. 
 
 In general. 49 L.R.A. (N.S.) 209. 
 
 Jurisdictional extent of doctrine, as to re- 
 recovery of damages for mental an- 
 guish. 49 L.R.A. (N.S.) 211. 
 
 Conflict of laws as to right to recover for 
 mental anguish. 63 L.R.A. 532; 5 
 L.R.A. (N.S.) 751; 23 L.R.A. (N.S.) 
 648; 28 L.R.A. (N.S.) 490; 29 L.R.A. 
 (N.S.) 795; 41 L.R.A. (N.S.) 223. 
 
 Arguments for and against the doctrine. 
 4!) L.R.A, (N.S.) 213. 
 
 Statutory liability of telegraph company. 
 49 L.R.A.(N.S.) 228. 
 
 Character of mental suffering necessary 
 to sustain action for mental an- 
 guish. 49 L.R.A. (N.S.) 2!)fi. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DAMAGES, III. t, 2 cont'd. 
 
 Sources of mental anguish. 49 L.R.A. (N.S.) 
 
 231. 
 Absence from deathbed. 49 L.R.A. 
 
 (N.S.) 231. 
 Absence from funeral. 49 L.R.A. (N.S.) 
 
 232. 
 
 Inability to see remains before decom- 
 position set in. 49 L.R.A. (N.S.) 
 
 232. 
 
 Failure to transmit money for disposi- 
 tion of corpse. 49 L.R.A. (N.S.) 
 
 335. 
 Mistaken belief that relative was dead. 
 
 49 L.R.A.(N.S.) 233. 
 Failure to be met at station when 
 
 traveling with corpse. 14 L.R.A. 
 
 (N.S.) 927; 49 L.R.A. (N.S.) 234. 
 Burial delayed or in unsuitable place 
 
 or manner. 49 L.R.A. (N.S.) 234. 
 Absence from sick bed. 49 L.R.A. 
 
 (N.S.) 235. 
 Absence of minister from sick bed. 49 
 
 L.R.A.(N.S.) 235. 
 Failure to secure services of physician. 
 
 49 L.R.A.(N.S.) 236. 
 Mental anguish because of another's 
 
 mental or physical suffering. 49 
 
 L.R.A. (N.S.) 236. 
 Being deprived of receiving or giving 
 
 consolation or advice. 14 L.R.A. 
 
 (N.S.) 499; 49 L.R.A. (N.S.) 300. 
 Exposure to disease. 49 L.R.A. (N.S.) 
 
 238. 
 Inability to attend insane brother. 49 
 
 L.R.A.(N.S.) 238. 
 Failure to prevent unsuitable marriage. 
 
 49 L.R.A. (N.S.) 238. 
 Social and business telegrams. 12 
 
 L.R.A. (N.S.) 886; 49 L.R.A. (N.S.) 
 
 238. 
 
 Mental anguish that would have been re- 
 lieved by a telegram. 11 L.R.A. (N.S.) 
 497; 49 L.R.A. (N.S.) 305. 
 Mental anguish for delay in receiving bene- 
 fit of telegram. 49 L.R.A. (N.S.) 241. 
 Postponement of funeral as contingency 
 affecting recovery. 49 L.R.A. (N.S.) 
 242. 
 Necessity of showing other injury. 49 
 
 L.R.A.(N.S.) 246. 
 
 Necessity of distinguishing between mental 
 anguish caused by the sickness or 
 death, and that caused by the defend- 
 ant's negligence. 49 L.R.A. (N.S.) 
 249. 
 
 Necessity and sufficiency of notice to the 
 telegraph company that negligence in 
 respect to the telegram might cause 
 mental anguish. 49 L.R.A. (N.S.) 308. 
 Necessity of relationship and degree essen- 
 tial to recover for mental anguish for 
 failure to deliver telegram announcing 
 death or illness. 15 L.R.A.(N.S.) 277; 
 19 L.R.A.(N.S.) 374; 49 L.R.A.(N.S.) 
 250. 
 
 Necessity of allegation and proof that tele- 
 gram would have accomplished its pur- 
 pose. 49 L.H.A.(N.S.) 258. 
 Effect of stipulations requiring notice of 
 loss to be given within specified time. 
 49 L.R.A.(N.S.) 265.
 
 376 
 
 INDEX TO L.R.A. NOTES. 
 
 DAMAGES, III. t, 2 cont'd. 
 
 Legality of contract for the transmission 
 
 of death messages on Sunday. 49 
 
 L.R.A.(N.S.) 266. 
 Degree of care required in respect to death 
 
 messages. 49 L.R.A.(N.S.) 266. 
 Proximate cause. 49 L.R.A.(N.S.) 266. 
 Contributory negligence as a defense to an 
 
 action for mental anguish. 49 L.R.A. 
 
 (N.S.) 270. 
 Parties plaintiff. 49 L.R.A.(N.S.) 275. 
 
 Addressee or beneficiary. 30 L.R.A. 
 (N.S.) 1137; 49 L.R.A. (N.S.) 275. 
 
 Right to recover of person who is not 
 mentioned in telegram and whose 
 interest is not communicated to the 
 company. 8 L.R.A.(N.S.) 249; 10 
 L.R.A.(N.S.) 475; 49 L.R.A.(N.S.) 
 277. 
 
 Parties defendant. 49 L.R,A.(N.S.) 279. 
 Pleading. 49 L.R,A.(N.S.) 279. 
 Procedure and practice generally. 49 L.R.A. 
 
 (N.S.) 281. 
 Evidence of mental anguish. 49 L.R.A. 
 
 (N.S.) 283. 
 
 Special defenses. 49 L.R.A. (N.S.) 289. 
 Amount of damages. 49 L.R.A. (N.S.) 327. 
 Physical suffering due to mental anguish as 
 
 basis of action where no recovery is 
 
 allowed for mental anguish alone. 49 
 
 L.R.A.(N:S.) 343, 
 
 3. Carriers' cases. 
 
 104. Generally. 
 
 As to measure of damages against carrier, 
 
 generally, see supra, III. d. 
 See also FRIGHT. 
 
 For carrying passenger beyond destination. 
 17 L.R.A.(N.S.) 1228. 
 
 As proximate result of discharging passen- 
 ger at improper place or one not his 
 destination. 7 L.R.A. (N.S.) 1182. 
 
 Liability of carrier for mental suffering of 
 passenger from mere verbal abuse, un- 
 accompanied by other breach of duty. 
 13 L.R.A.(N.S.) 159; 33 L.R.A.(N.S*) 
 386. 
 
 105. Ejection. 
 
 Mental suffering as an element of damages 
 for wrongful expulsion from vehicle of 
 common carrier. 12 L.R.A. (N.S.) 184. 
 
 Ejection of sick or intoxicated passenger 
 L.R.A.1915C, 146. 
 
 106. Baggage. 
 
 Loss of baggage of intended bride causing 
 postponement of wedding; husband's 
 right of action for mental suffering 
 3 L.R.A.(N.S.) 225. 
 
 u. Loss of profits. 
 
 Begin with this book on every law question. 
 
 DAMAGES, III. cont'd. 
 
 I. In general. 
 
 107. Generally. 
 
 On interference with fishing rights. 60 
 
 L.R.A. 525. 
 Loss of profits as element of damages for 
 
 cutting off supply of heat, water, or 
 
 gas from premises. 22 L.R.A. (N.S.) 
 
 588. 
 As element of damages for carrier's failure 
 
 to furnish cars in absence of contract. 
 
 44L.R.A.(N.S.) 655. 
 
 108. For tort. 
 
 General rules. 52 L.R.A. 33. 
 
 Personal injuries. 52 L.R.A. 36. 
 
 Trespass against the person. 52 L.R.A. 42. 
 
 Trespass against property. 52 L.R.A. 42. 
 
 Negligence. 52 L.R.A. 46. 
 
 Wrongful attachment. 46 L.R.A.(N.S.) 470. 
 
 Wrongful injunction. 52 L.R.A. 58. 
 
 Fraud and false representations. 52 L.R.A 
 59. 
 
 Marine torts. 52 L.R.A. 61. 
 
 Infringement of patents, copyrights, and 
 trademarks. 52 L.R.A. 66. 
 
 Effect of illegality of business giving rise 
 to the profits. 52 L.R.A. 66. 
 
 Loss of profits as element of damages for 
 cutting off supply of heat, water, or 
 gas from premises. 22 L.R.A. (N.S.) 
 588. 
 
 For injury from damming back water of 
 stream. 59 L.R.A. 897. 
 
 For interference with water power of juill. 
 52 L.R.A. (N.S.) 1004. 
 
 Loss of profits as element of damages for 
 wrongful destruction of logs and tim- 
 ber. 18 L.R.A.(N.S.) 250; 52 L.R.A. 
 (N.S.) 97. 
 
 109. FOP conversion. 
 
 Loss of profits as element of. 52 L.R.A. 51. 
 For conversion of logs or timber. 18 
 L.R.A.(N.S.) 250; 52 L.R.A.(N.S.) 
 97. 
 
 110. Personal injury. 
 
 Damages for, as affected bv loss of profits. 
 52 L.R.A. 36. 
 
 111. Injury to business. 
 
 Loss of profits of sale or purchase of busi- 
 ness, as damages. 52 L.R.A. 238. 
 
 Loss of profits from suspension of business, 
 while moving as element of damages 
 in eminent domain. 51 L.R.A. 330; 17 
 L.R.A.(N.S.) 124. 
 
 112. For infringement of patents, 
 copyrights, or trademarks. 
 
 Burden of proof as to, see EVIDENCE, 107a. 
 
 The concurrent remedies in patent cases. 
 
 51 L.R.A. 801. 
 
 Actions in equity. 51 L.R.A. 802. 
 Actions at law. 51 L.R.A. 802. 
 The rule in equity under statutes author- 
 izing damages. 51 L.R.A. 817.
 
 INDEX TO L.R.A. NOTES. 
 
 377 
 
 DAMAGES, III. u, 1 cont'd. 
 Effect of recovery. 51 L.R.A. 821. 
 The rule in copyright cases. 51 L.R.A. 822. 
 The rule in trademark cases. 51 L.R.A. 
 823. 
 
 113. In eminent domain cases. 
 
 Generally. 51 L.R.A. 320; L.R.A.1916C, 
 
 1094. 
 Early rule confining damages to the actual 
 
 taking. 51 L.R.A. 320. 
 Where property is taken, in whole or in 
 
 part, for railway purposes. 51 L.R.A. 
 
 321; L.R.A.1916C, 1095. 
 Where tangible property is taken for other 
 
 than railway purposes. 51 L.R.A. 324; 
 
 L.R.A.1916C, 1096. 
 
 Where property taken consists of a fran- 
 chise or privilege. 51 L.R.A. 325; 
 
 L.R.A.1916C, 1097. 
 Where property is injured, but not taken. 
 
 51 L.R.A. 326; L.R.A.1916C, 1097. 
 Loss of profits from suspension of business 
 
 while moving. 51 L.R.A. 320; 17 
 
 L.R.A.(N.S.) 124; L.R.A.1916C, 1097. 
 Loss of profits as elements of damages for 
 
 interference with water power of mill 
 
 in condemnation proceedings. 52 
 
 L.R.A. (N.S.) 1008. 
 
 2. For breach of contract. 
 
 114. Generally. 
 
 General rules applicable to breach of all 
 kinds of contracts. 53 L.R.A. 34. 
 Contracts for services. 53 L.R.A. 48. 
 
 Breach by contractor or employee. 53 
 
 L.R.A. 48. 
 Breach by employer or owner. 53 
 
 L.R.A. 57. 
 
 Where one is employed on commis- 
 sion. L.R.A.1916B, 872. 
 Where compensation is based on 
 share of profits. 53 L.R.A. 80; 
 6 L.R.A.(N.S.) 85. 
 Automobile distribution contract. L.R.A. 
 
 1915B, 114. 
 Partnership contracts. 53 L.R.A. 81; 51 
 
 L.R.A.(N.S.) 84. 
 
 Contracts with relation to railroad and sta- 
 tion construction. 53 L.R.A. 96. 
 Agreements not to compete. 53 L.R.A. 97. 
 Leases, and contracts and covenants with 
 
 reference to. 53 L.R.A. 97. 
 The charter or rental of vessels. 53 L.R.A. 
 
 105. 
 Duty to prevent or reduce damages. 53 
 
 L.R.A. 108. 
 Deduction for release from responsibility. 
 
 53 L.R.A. 110. 
 Effect of illegality in contract. 53 L.R.A. 
 
 111. 
 
 On abandonment of contract for other par- 
 ty's default. 30 L.R.A. 57. 
 Loss of use of plant as element of damages 
 for failure to deliver material to manu- 
 facturer. 3 L.R.A.(N.S.) 709. 
 Measure of damages for breach of contract 
 preventing operation of industrial busi- 
 ness in contemplation, but not estab- 
 lished or in actual operation. 19 
 L.R.A.(N.S.) 155. 
 Consult also L.R.A. Digests of Cases. 
 
 DAMAGES, III. u, 2 cont'd. 
 
 115. Of sale or purchase generally. 
 
 Breach by vendor. 52 L.R.A. 209. 
 
 Breach by vendee. 52 L.R.A. 244. 
 
 The rule as to purchase of articles to 
 be manufactured. 52 L.R.A. 253; 
 4 L.R.A.(N.S.) 740; 18 L.R.A. 
 (N.S.) 613. 
 
 Duty to try to prevent or reduce damages. 
 52 L.R.A. 259. 
 
 Effect of illegality. 52 L.R.A. 260. 
 
 Loss of profits on possible sales as measure 
 of damages for breach of contract 
 where no contingent sales have been 
 effected. 52 L.R.A. 209; 8 L.R.A.(N.S.) 
 255. 
 
 Profits lost in consequence of breach of con- 
 tract of sale or warranty of machinery 
 purchased for vendee's use as an ele- 
 ment of damages. 2 B. R. C. 79. 
 
 116. breach of warranty. 
 
 On breach of warranty. 52 L.R.A. 233. 
 
 Profits lost in consequence of breach of 
 warranty of machinery purchased for 
 vendee's use as element of damages. 
 2 B. R. C. 79. 
 
 Loss of profits from inability to use horses 
 as element of damages for breach of 
 warranty. 43 L.R.A.(N.S.) 153. 
 
 117. As to telegram. 
 
 Loss of profits as element of damages for 
 breach of contract to transmit tele- 
 gram. 53 L.R.A. 91; 27 L.R.A.(N.S.) 
 639; 49 L.R.A. (N.S.) 927. 
 
 118. Liability of carrier. 
 
 Loss of profits as element of damages for 
 breach of contract for carriage. 53 
 L.R.A. 83. 
 
 Loss of profits incident to delay in the de- 
 livery of articles intended for use, and 
 not for sale. 30 L.R.A.(N.S.) 483; 
 L.R.A.1918F, 1053. 
 
 Loss of profits because of inability of ship- 
 per to fulfil contract for sale of goods 
 as element of damages for carrier's 
 breach of contract to furnish cars. 26 
 L.R.A.(N.S.) 1191. 
 
 Liability of carrier preventing exhibition of 
 show by breach of contract of carriage 
 for loss of profits. 49 L.R.A. (N.S.) 
 491. 
 
 v. Prospective. 
 
 119. Generally. 
 
 From personal injury, see supra, 
 
 62, 63. 
 
 In action for wrongful discharge of servant. 
 6 L.R.A.(N.S.) 111. 
 
 Is minor's right to damages for negligent 
 killing of parent limited to period of 
 minority. 18 L.R.A. (N.S.) 1205; 39 
 L.R.A.(N.S.) 1156. 
 
 Abutter's right to future damages for rail- 
 road in street. 36 L.R.A.(N.S.) 788. 
 
 Prospective damages for non-negligent in- 
 terference with lateral support. 5 B. 
 R. C. 923.
 
 378 
 
 INDEX TO L.R.A. NOTES. 
 
 DAMAGES cont'd. 
 
 IV. Double and treble damages. 
 
 120. Generally. 
 
 Power to impose double damages for fail- 
 ure of railroad company to fence or 
 maintain cattle guards. 31 L.R.A. 
 (N.S.) 863. 
 
 For violation of Federal anti-trust law. 
 64 L.R.A. 716. 
 
 V. Assessment of damages. 
 
 % 121. Generally. 
 
 Necessity of jury to compute damages on 
 default judgment. 20 L.R.A.(N.S.) 1. 
 
 DAMNUM ABSQUE INJURIA. 
 
 Effect of legislative authority on liability 
 for private nuisance constituting. 1 
 L.R.A.(N.S.) 52. 
 
 DA3IS. 
 
 1. Generally. 
 
 Indictment for maintaining, see INDICT- 
 MENT, INFORMATION, AND COMPLAINT. 
 
 For logs, see LOGS AND LOGGING, 9. 
 
 Damming back of water generally, see 
 WATERS, 46-50, 63, 75. 
 
 Ownership of dam as giving exclusive right 
 to water impounded. 3 B. R. C. 566. 
 
 Rights conveyed by grant of dam. 67 
 L.R.A. 384. 
 
 Damming back waters of stream bv. 59 
 L.R.A. 817. 
 
 Change in obstruction of water by dam. 
 59 L.R.A. 873. 
 
 What streams are navigable within mean- 
 ing of milldam acts. 16 L.R.A.(N.S.) 
 420. 
 
 Mandatory injunction relating to milldams. 
 20 L.R.A. 163. 
 
 Destruction of dam by unprecedented flood 
 as affecting liability of one under con- 
 tract to build and maintain it. 35 
 L.R.A.(N.S.) 1109. 
 
 Relative rights and duties of those main- 
 taining dam in floatable stream and 
 those floating logs and timber therein. 
 22 L.R.A.(N.S.) 545; 28 L.R.A.(N.S.) 
 144. 
 
 Right of prior appropriator of water. 30 
 L.R.A. 668. 
 
 Taking of property for, as a public purpose. 
 22 L.R.A.(N.S.) 140. 
 
 Right of riparian owner to compensation 
 for damages to his property by con- 
 struction under legislative authority 
 of dams or booms for floating or stor- 
 ing logs. 22 L.R.A. (N.S.) 641. 
 
 DAMS cont'd. 
 
 2. License or easement to maintain. 
 
 Specific performance of agreement for 
 license to maintain. . 49 L.R.A. 520. 
 
 Relief from license for maintenance of. 49 
 L.R.A. 526. 
 
 Creation of easement to use of dam by sale 
 of mill. 26 L.R.A.(N.S.) 359. 
 
 Abandonment of privilege or easement in- 
 cidental to milldam. 32 L.R.A.(N.S.) 
 47. 
 
 3. Liability as to. 
 
 Liability of county for injury to real prop- 
 erty from. 39 L.R.A. 69. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in construction of. 
 65 L.R.A. 647. 
 
 Interference bv, with wharf rights in navi- 
 gable waters. 34 L.R.A. (N.S.) 430. 
 
 Extraordinary floods which one obstructing 
 water course need not anticipate. 6 
 L.R.A.(N.S.) 252. 
 
 Character of liability of several persons 
 whose independent wrongs of the same 
 kind contribute to enhance the degree 
 or extent of injury from dams. 10 
 L.R.A.(N.S.) 167. 
 
 Criminal responsibility for maintaining 
 dftm in non-navigable stream which 
 creates nuisance injurious to public 
 health. 22 L.R.A. (N.S.) 1259. 
 
 Application of statute of limitations to 
 actions for injuries by milldam. 17 
 L.R.A.(N.S.) 206. 
 
 DANCE HALL. 
 
 License of, see LICENSE, 23. 
 
 26 
 
 Power of municipality to construct. 
 L.R.A.(N.S.) 425. 
 
 As a place of public accommodation or 
 amusement within Civil Rights Stat- 
 utes. L.R.A.1918F, 829. 
 
 DANCING. 
 
 License of, see LICENSE, 23. 
 
 Use of public school building for. 31 
 
 L.R.A.(N.S.) 591. 
 Dancing as a nuisance. 18 L.R.A. (N.S.) 
 
 699. 
 As proper subject for exercise of police 
 
 power. L.R.A.1917E, 318. 
 Power of municipality to regulate danoing 
 
 in public places. L.R.A.1917A, 1174. 
 Power of municipality to declare public 
 
 dance a nuisance per se. 31 L.R.A. 
 
 (N.S.) 548. 
 As violation of Sunday laws. 30 L.R.A. 
 
 (N.S.) 469. 
 
 DANGER. 
 
 Voluntary exposure to unnecessary danger, 
 
 Begin nit It tliis book on every taw question. 
 
 see INSURANCE, 164.
 
 INDEX TO L.R.A. NOTES. 
 
 DANGER CLAUSE. 
 
 Effect of, in chattel mortgage, see CHATTEL 
 MORTGAGE, 26. 
 
 DANGEROUS AGENCIES. 
 
 Automobiles, see AUTOMOBILES. 
 
 Fireworks as, see FIBEWOEKS. 
 
 Master's liability for injury to servant by, 
 
 see MASTER AND SERVANT, III. a, 6. 
 Master's liability for injury by servant to 
 
 third person, by, see MASTER AND 
 
 SERVANT, 177, 178. 
 In general, see NEGLIGENCE, I. b, 2. 
 
 Xiability for killing or injuring trespassers 
 by means of. 29 L.R.A. 154. 
 
 Liability to servants of other persons for 
 injuries by. 46 L.R.A. 116. 
 
 DANGEROUS ANIMALS. 
 
 See ANIMALS. 
 
 DANGEROUS ARTICLES. 
 
 Limitation of carrier's liability in case of, 
 
 see CARRIERS, 129. 
 In general, see NEGLIGENCE, 13-15. 
 
 DANGEROUS ATTRACTIONS. 
 
 See NEGLIGENCE, 23, 23a. 
 
 DANGEROUS PREMISES. 
 
 See NEGLIGENCE, 16-23a. 
 
 DANGEROUS SUBSTANCES. 
 
 Limitation of carrier's liability in case of, 
 
 see CARRIERS, 129. 
 Liability for damage by, see NEGLIGENCE, 
 
 13-15. 
 
 DANGEROUS WEAPONS. 
 
 See CARRYING WEAPONS; FIREARMS; 
 WEAPONS. 
 
 DARK. 
 
 Contributory negligence of employee in con- 
 tinuing to work in the dark notwith- 
 standing master's promise to improve 
 conditions. 29 L.R.A. (N.S.) 603. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DATA. 
 
 Right of public to benefit of data, etc., made 
 or prepared by officer or employee. 
 L.R.A1917B, 1183. 
 
 DATE. 
 
 1. Generally. 
 
 Dating will. L.R.A.1916E, 499. 
 Antedating lease as affecting priority of 
 
 landlord's lien. L.R.A.1916F, 450. 
 Sufficiency of recital as to, in certificate of 
 
 married woman's acknowledgment. 
 
 45 L.R.A.(N.S.) 1123. 
 Misstatements as to, in proofs of loss. 44 
 
 L.R.A. 851. 
 Retention of policy as waiver of insurer's 
 
 mistake or fraud as to date of policy. 
 
 67 L.R.A. 719. 
 
 Judicial sale on date other than that ap- 
 pointed therefor. 38 L.R.A. (N.S.) 
 
 248. 
 
 Omission of charitable gifts from will as af- 
 fected by date of will. 34 L.R.A. 
 
 (N.S.) 975. 
 Of location of mining claim. 7 L.R.A. (N.S.) 
 
 835. 
 Of location or discovery in record of mining 
 
 claim. 7 L.R.A. (N.S.) 868. 
 Charging commission of alleged crime at an 
 
 impossible date. 2 L.R.A. (N.S.) 253. 
 Forgery by falsification of. 54 L.R.A. 799. 
 Mistake or omission in date in copy of writ 
 
 or process delivered to person served. 
 
 L.R.A.1917C, 154. 
 
 2. Of negotiable instruments. 
 
 Of check. 26 L.R.A. 568. 
 
 Alteration of date of note. 32 L.R.A. 
 
 (N.S.) 515; 51 L.R.A. (N.S.) 346. 
 Of negotiable paper as putting a purchaser 
 
 on inquiry. 29 L.R.A. (N.S.) 375; 44 
 
 L.R.A.(N.S.) 395. 
 Date of offering negotiable paper for sale 
 
 as putting purchaser on inquiry. L.R.A. 
 
 1918F, 1155. 
 Implied or apparent authority to insert or 
 
 complete date of commercial paper. 
 
 L.R.A.1916, 1266. 
 
 DAUGHTER-IN-LAW. 
 
 As member of family of insured. 3 L.R.A. 
 (N.S.) 336. 
 
 DAYS. 
 
 See HOLIDAT; SUNDAY; TIME. 
 
 DAYS OF GRACE. 
 
 Death of insured during. 14 L.R.A. 284. 
 Bank customs as to. 21 L.R.A. 442. 
 Inclusion of, in computing interest, as 
 usury. 10 L.R.A. (N.S.) 839.
 
 380 
 
 DAYS OF GRACE cont'd. 
 
 For payment of premium after maturity of 
 premium note. L.R.A.1917C, 921; 6 B. 
 R. C. 434. 
 
 Computation of days of grace allowed for 
 payment of insurance premium or as- 
 sessment where date of payment or 
 expiration of such period falls on Sun- 
 day or holiday. 23 L.R.A.(N.S.) 759. 
 
 INDEX TO L.R.A. NOTES. 
 
 DEAD ANIMALS. 
 
 Municipal regulation as to nuisance of. 38 
 
 L.R.A. 330. 
 Ordinances in respect to disposal of. ! 
 
 L.R.A.(N.S.) 1197; 48 L.R.A.(N.S.) 
 
 979. 
 Carrier's duty as to disposal of carcass of 
 
 animal killed during transit. 39 
 
 L.R.A.(N.S.) 644. 
 Power of municipal corporation to grant 
 
 exclusive right or create monopoly for 
 
 removal of. 21 L.R.A.(N.S.) 833. 
 
 DEAD BEATS. 
 
 Constitutionality of statute providing for 
 imprisonment for beating board bill. 
 21 L.R.A.(N.S.) 259. 
 
 DEAD BODIES. 
 
 See CORPSE. 
 
 DEADLOCK. 
 
 Deadlock because of dissensions in manage 
 ment of corporation as ground for ap- 
 pointment of receiver. L.R.A.1918D, 
 229. 
 
 DEADLY WEAPON. 
 
 In general, see CARRYING WEAPONS; FIBE- 
 
 ARMS; WEAPONS. 
 Homicide while using, see HOMICIDE, 16 
 
 Unknown deafness of juror as ground for 
 new trial. 50 L.R.A. (N.S.) 977. 
 
 Right to show deafness on issue of con- 
 tributory negligence without allega- 
 tion thereof. L.R.A.1917D, 558. 
 
 DEAF AND DUMB. 
 
 DEAFNESS. 
 
 DEALERS. 
 
 Monopolistic combinations of, see MONOPLT 
 
 AND COMBINATIONS, II. 
 Liability of, for injury by article sold, see 
 
 NEGLIGENCE, 15. 
 
 Blacklisting dealer as libel. 49 L.R.A. 612; 
 8 L.R.A.(N.S.) 783. 
 
 Interference by competitor or others with 
 agents of. 9 L.R.A. (N.S.) 904. 
 
 Legislation to protect against loss of re- 
 ceptacles in which their goods are put 
 up. 14 L.R.A.(N.S.) 1128. 
 
 Implied warranty of fitness of particular 
 article, purchased from, for a par- 
 ticular use. 15 L.R.A.(N.S.) 868. 
 
 Mistake in beverage as defense to charge of 
 illegal liquor sale by dealer. 6 L.R.A. 
 (N.S.) 477; L.R.A.1916D, 266. 
 
 DEALING. 
 
 What constitutes. 14 L.R.A. 529. 
 
 24 
 
 Actions by 2 L.R.A.(N.S.) 961. 
 
 Deaf and dumb persons as witnesses. 
 L.R.A. 126. 
 
 Care due to, in absence of contract relation. 
 69 L.R.A. 521. 
 
 Defective hearing of person injured as bear- 
 ing upon contributory negligence. 41 
 L.R.A. (N.S.) 193. 
 
 Protection of, in criminal prosecution. 2 
 L.R.A. (N.S.) 509. 
 
 Begin with this book on every law question. 
 
 DEATH. 
 
 I. In general, l-2a. 
 II. Right of action for, 3-1O. 
 
 a. In general, 3-6. 
 
 b. Who may maintain action, and 
 
 for whom, 7- JO. 
 
 III. Who liable for causing, 11. 
 
 IV. Defenses, 12, 13. 
 
 V. Compromise of claim for; release. 
 
 S 14. 
 VI. Effect of, 15-23. 
 
 I. In general. 
 
 1. Generally. 
 
 Civil death, see CIVIL DEATH. 
 
 Revival of action abated by, see ABATEMENT 
 
 AND REVIVAL, 8. 
 Measure of damages for, see DAMAGES, 
 
 18, 65-67, 101. 
 Allowance for mental anguish from failure 
 
 to deliver telegram announcing, see 
 
 DAMAGES, 103. 
 Delivery of deed for delivery after grantor's 
 
 death, see DEEDS, 8. 
 Descent and distribution of property after, 
 
 see DESCENT AND DISTRIBUTION. 
 Attack on decree in divorce suit after death 
 
 of one or both of parties, see DIVORCE 
 
 AND SEPARATION, 19. 
 Presumption as to, see EVIDENCE, 30.
 
 INDEX TO L.R.A. NOTES. 
 
 381 
 
 DEATH, I. cont'd. 
 
 Admissibility of acts and declarations of 
 ' deceased person, see EVIDENCE, 229- 
 231. 
 
 As to dying declarations, see EVIDENCE, 
 242. 
 
 Transmission of homestead in case of, see 
 HOMESTEAD, 17-20. 
 
 Payment of insurance premium or assess- 
 ment, after death of insured, see IN- 
 SURANCE, 114. 
 
 Rights on death of life tenant, see LIFE 
 TENANTS, 7. 
 
 Recovery of parent ' or child for death of 
 other, see DAMAGES, 65-67, 101; 
 PARENT AND CHILD, 14. 
 
 Specific performance of contract as to dis- 
 position of property at, see SPECIFIC 
 PERFORMANCE, 19. 
 
 Time of, see TIME, 11. 
 
 Admissibility and use of mortality tables 
 in death action. L.R.A.1918C, 1071. 
 
 Presumption and burden of proof as to 
 pecuniary loss in death action. L.R.A. 
 1918C, 1056. 
 
 Character and sufficiency of evidence to 
 show pecuniary loss to estate of de- 
 cedent. L.R.A.1918C, 1111. 
 
 Character and sufficiency of evidence to 
 show pecuniary loss to beneficiary in 
 action for death. L.R.A.1918C, 1122. 
 
 Character and sufficiency of evidence to 
 show pecuniary loss to parents by 
 death of child. L.R.A.1918E, 278. 
 
 Evidence of the earnings of the deceased to 
 show pecuniary loss by his death. 
 L.R.A.1918C, 1080. 
 
 Admissibility of opinion evidence to show 
 pecuniary loss in action for wrongful 
 death. L.R.A.1918C, 1096. 
 
 Admissibility in action for wrongful death 
 of evidence of profits or contributions 
 from business conducted by decedent. 
 L.R.A.1918C, 1087. 
 
 Physician's private records or memoranda 
 as evidence of. L.R.A.1915F, 803. 
 
 Liability of infant for legal services in ac- 
 tion for death. 44 L.R.A.(N.S.) 412. 
 
 Do loan contracts canceled upon death con- 
 stitute insurance. 47 L.R.A. (N.S.) 298. 
 
 Expectation of, as affecting admissibility 
 of dying declarations. 56 L.R.A. 353. 
 
 Payment of savings bank deposit to fraudu- 
 lent claimant after death of depositor. 
 69 L.R.A. 338. 
 
 Validity of agreement to marry on death of 
 husband or wife. 1 B. R. C. 919. 
 
 Personal liability of executor or adminis- 
 trator to distributees for interest 
 where settlement of estate is delayed 
 by his death. 31 L.R.A. (N.S.) 364. 
 
 Administration based on right of action for 
 negligent killing of a person as an as- 
 set. 1 L.R.A.(N.S.) 885. 
 
 Voluntariness of confession induced by fear 
 of death. 18 L.R.A. (N.S.) 840; 50 
 L.R.A.(N.S.) 1087. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DEATH, I. cont'd. 
 
 Belief in death of former spouse as defense 
 
 to prosecution for bigamy. 27 L.R.A. 
 
 (N.S.) 1102. 
 Constitutionality of statute as to reporting 
 
 and registering deaths. 39 L.R.A. 
 
 (N.S.) 1015. 
 Alimony in arrears at time of. 2 L.R.A. 
 
 (KS.) 242. 
 2. Of insured. 
 
 Effect of death of insured, see infra, 19. 
 Liability for, under policy, see INSURANCE. 
 Cause of death, see INSURANCE, 159-171. 
 
 Payment of premium after death to keep 
 life insurance in force. 14 L.R.A. 283. 
 
 Validity of payment of insurance premium 
 or assessment during period of ex- 
 tension agreed upon, but after in- 
 sured's death. 2 B. R. C. 191. 
 
 2 a. Cause of.. 
 
 Certificate as to cause of, see CORPSE, 4. 
 
 Opinion evidence as to cause of, see EVI- 
 DENCE, 187b. 
 
 From inhaling gas, see GAS, 15. 
 
 Of insured, see INSURANCE, 159-171. 
 
 Proximate cause of, see PROXIMATE CAUSE. 
 
 Admissibility of finding of coroner to show 
 cause of death. 68 L.R.A. 285; 45 
 L.R.A.(N.S.) 404; L.R.A.1918E, 924. 
 
 II. Right of action for. 
 a. In general. 
 
 3. Generally. 
 
 Survival of cause of action for death, see 
 ABATEMENT AND REVIVAL, 3. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 22. 
 
 Right of action for, as basis of jurisdiction 
 to appoint administrator. 24 L.R.A. 
 686. 
 
 Claim for death as within statute or ordi- 
 nance requiring notice or presentation 
 as a condition of municipal liability. 
 50 L.R.A.(N.S.) 185. 
 
 Pendency of action for personal injury as 
 abatement of action for death. L.R.A. 
 1915E, 1132. 
 
 Jurisdiction of, and law governing, action 
 for death on waters. L.R.A.1916A, 
 1157. 
 
 Judgment in one state in an action for 
 death as affecting action in another 
 state for the same death. L.R.A.1915F, 
 737. 
 
 Instantaneous death as test of right of ac- 
 tion or amount of recovery. L.R.A. 
 1916C, 973. 
 
 Right to recover for intentional killing of 
 person. 46 L.R.A. (N.S.) 930. 
 
 Right of action for death resulting from 
 prenatal injury. 45 L.R.A. (N.S.) 625. 
 
 Nature of right of action in favor of in- 
 jured person, which will satisfy the con- 
 dition of the death statute in the event 
 of his death. 51 L.R.A. (N.S.) 711.
 
 382 
 
 INDEX TO L.R.A. NOTES. 
 
 DEATH, II. a cont'd. 
 
 Liability for killing trespasser by means of 
 spring guns, traps, and other danger- 
 ous instruments. 29 L.R.A. 154; 24 
 L.R.A.(N.S.) 369. 
 
 'Liability for causing death as affected by 
 previous disease of person killed. 16 
 L.R.A. 268. 
 
 'Right of action in absence of civil damage 
 act for death following unlawful sale 
 of liquor. 34 L.R.A.(N.S.) 1036; 44 
 L.R.A.(N.S.) 299. 
 
 Recovery for, on circumstantial evidence. 
 2 L.R.A.(N.S.) 905. 
 
 Assignability of cause of action for. 45 
 L.R.A.(N.S.) 1098. 
 
 Effect of statute declaring a cause of action 
 for death survivable to render it as- 
 signable. 27 L.R.A.(N.S.) 404. 
 
 Necessity of pleading limitation as bar to 
 statutory action for. .26 L.R.A.(N.S.) 
 1221. 
 
 Concealment or ignorance of cause of action 
 as suspending Statute of Limitation 
 against action of death. L.R.A.1917B, 
 1259. 
 
 Applicability of tolling provision in general 
 statute when defendant absent from 
 state to special limitation imposed by 
 statute creating cause of action for 
 wrongful death. 38 L.R.A. (N.S.) 521. 
 
 Federal courts following state decisions as 
 to statutory right of action for death. 
 40 L.R.A.(N.S.) 441. 
 
 4. Action under foreign statute; con- 
 flict of laws. 
 
 See CONFLICT OF LAWS, 22. 
 
 5. Right of action at common law. 
 
 Common-law right of action of parent for 
 loss of services of child killed. 41 
 L.R.A. 807. 
 
 Distinction between statutory actions 
 against railroad receiver for death and 
 common-law actions for negligence. 
 15 L.R.A. 264. 
 
 Right to amend a common-law action for 
 personal injuries resulting in death 
 into a statutory action for death. 15 
 L.R.A.(N.S.) 1003. 
 
 8 . Distinct causes of action. 
 
 How many distinct causes of action arise 
 from injuries resulting in death. 34 
 L.R.A. 788; 8 L.R.A.(N.S.) 384; L.R.A. 
 191 5E, 1095. 
 
 Right to maintain both action for bene- 
 ficiary, and for injuries suffered by one 
 killed by another's negligence. 14 
 L.R.A.(N.S.) 893. 
 
 Right to recover in one action for the death 
 of a person and for his suffering be- 
 fore death. 32 L.R.A.(N.S.) 867. 
 
 Judgment in action for personal injury as 
 abatement of action for death or vice 
 versa. L.R.A.1915E, 1152. 
 
 6. Who may maintain action, and for 
 whom. 
 
 Begin ivith this book on every law question. 
 
 DEATH, II. b cont'd, 
 7. Generally. 
 
 Defense to action, see infra, IV. 
 Right of action for death of infant, see IN- 
 FANTS, 39. 
 
 Beneficiaries and parties plaintiff to statu- 
 tory action for death including 
 necessity of pecuniary loss or de- 
 pendency. L.R.A.1916E, 118. 
 
 Action by or on behalf of statutory bene- 
 ficiary as affected by desertion or non- 
 support by deceased. 32 L.R.A.(N.S.) 
 362; L.R.A.1916C, 806. 
 
 Necessity of interest or estate in premises 
 affected by nuisance to sustain action 
 for death from the nuisance. 43 L.R.A. 
 (N.S.) 871. 
 
 Right of husband to recover in action for 
 breach of warranty, for loss of services 
 of wife, occasioned by her injury or 
 death in consequence of such breach. 3 
 B. R. C. 197. 
 
 Statutory right of adult child to recover 
 for death of parent. L.R.A.1916E, 
 176. 
 
 Sufficiency of relationship by adoption to 
 sustain an action for death. 16 L.R.A. 
 (N.S.) 199. 
 
 Failure of beneficiary first entitled under 
 death statute to bring action, as giv- 
 ing such right to beneficiary next en- 
 titled. 30 L.R.A.(N.S.) 78. 
 
 Right of action of one legally responsible 
 for another's death against a third 
 person whose negligence caused the 
 death. 36 L.R.A.(N.S.) 60. 
 
 Master's right of recoupment for damages 
 caused by servant's death or disability. 
 28 L.R.A.(N.S.) 326. 
 
 Right of action for benefit of nonresident 
 aliens. 54 L.R.A. 934; 3 L.R.A.(N.S.) 
 473; 21 L.R.A. (N.S.) 267. 
 
 Law govering distribution of fund collected 
 or recovered for negligent killing of a 
 person. 4 L.R.A. (N.S.) 814. 
 
 Who may maintain action under Federal 
 employers' liability act. 47 L.R.A. 
 (N.S.) 73; L.R.A.1915C, 76. 
 
 8. For death or benefit of illegiti- 
 mate. 
 
 Right to recover for negligent killing of 
 illegitimate, or to maintain action for 
 benefit o'f illegitimate for negligent kill- 
 ing of relative. 2 L.R.A.(N.S.) 640. 
 
 Mother's statutory right of action for death 
 of illegitimate child. L.R.A.1916E, 125. 
 
 Statutory right of action for death of illegit- 
 imate where mother is dead. L.R.A. 
 1916E, 132. 
 
 9. Parents. 
 
 Parent's right of action for death of illegiti- 
 mate child, see supra, 8. 
 
 Parent's common law right of action for 
 loss of services of child killed. 41 
 L.R.A. 807; 18 L.R.A.(N.S.) 316. 
 
 Parent's statutory right of action for death 
 of child. L.R.A.1916E, 120.
 
 INDEX TO L.R.A. NOTES. 
 
 383 
 
 DEATH, II. b cont'd. 
 
 Right of deserted wife to recover for death 
 
 or injury to child. 31 L.R.A.(N.S.) 
 
 519. 
 Recovery for death of child by parent who 
 
 had abandoned child. 1 L.R.A.(N.S.) 
 
 1161. 
 
 10. Personal representative. 
 
 Does statutory action for wrongful death 
 survive to personal representatives of 
 original beneficiary. 24 L.R.A. (N.S.) 
 844. 
 
 Right of foreign or domestic representative 
 to maintain action for death of de- 
 cedent under a statute of another 
 state which provides that the action 
 shall be brought by the personal repre- 
 sentative. 18 L.R.A.(N.S.) 1252;' 
 L.R.A.1917A, 37. 
 
 Personal representative as proper party to 
 maintain statutory action for death. 
 L.R.A.1916E, 160. 
 
 Right of personal representative to revive 
 action for personal injury. L.R.A. 
 1915E, 1129. 
 
 ///. Who liable for causing. 
 
 11. Generally. 
 
 Liability for causing generally, see NEGLI- 
 GENCE, I. 
 
 Carrier's liability for causing, see CAB- 
 BIERS, III. 
 
 Criminal responsibility for causing, see 
 HOMICIDE. 
 
 Master's liability for, see MASTER AND 
 SERVANT, III. a. 
 
 Liability of railroad company generally for 
 causing, see RAILROADS, VII. 
 
 Civil liability for killing one person while 
 acting in self-defense against a third 
 person. 50 L.R.A. (N.S.) 1069. 
 
 Liability of peace officer or his bond for 
 shooting a person while attempting to 
 arrest him. 51 L.R.A.(N.S.) 1179. 
 
 Liability of railroad receiver for. 15 
 L.R.A. 262. 
 
 Carrier's liability for assault by employee 
 resulting in death. 14 L.R.A. 740. 
 
 Liability of municipal corporation for 
 death caused by sewage or drainage. 
 22 L.R.A. (N.S.) 940. 
 
 Liability of sureties on the bond of a peace 
 officer for death of a person due to act 
 or default of principal or one of his 
 deputies. 11 L.R.A. (N.S.) 758. 
 
 IV. Defenses. 
 
 12. Generally. 
 
 Justifiable killing as a defense in an action 
 for death intentionally inflicted. 23 
 L.R.A.(N.S.) 996. 
 
 Presumption and burden of proof as to self- 
 defense or justification in a civil action 
 for intentional killing of another. 
 L.R.A.1918A, 359. 
 
 Necessity of alleging that action for death 
 is within the statutory period. L.R.A. 
 19]f>E, 1192. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DEATH, IV. cont'd. 
 
 Concealment or ignorance of cause of ac- 
 tion as suspending Statute of Limita- 
 tions against action for death. L.R.A. 
 1917B, 1259. 
 
 Right of action by administrator when ac- 
 tion to recover for personal injuries 
 was barred at the time of the injured 
 person's death. L.R.A.1915E, 1178. 
 Abandonment of wife or child as affecting 
 their right to recover damages for 
 the negligent killing of the husband 
 or father. L.R.A.1916C, 806. 
 
 13. Contributory negligence of de- 
 ceased or parent. 
 
 Contributory negligence as a defense gen- 
 erally, see NEGLIGENCE, II. 
 
 Burden of proof as to contributory negli- 
 gence. 33 L.R.A. (N.S.) 1230. 
 
 Contributory negligence of parent as bar to 
 action by parent or administrator for 
 death of child non sui juris. 18 L.R.A. 
 (N.S.) 328; 38 L.R.A.(N.S.) 754. 
 
 Imputing negligence of custodian of child 
 non sui juris to parent in action by 
 latter, or by administrator, for death 
 or injury of child. 32 L.R.A. (N.S.) 
 410. 
 
 V. Compromise of claim for; release. 
 
 14. Generally. 
 
 Power to compromise action for. 21 L.R.A. 
 158. 
 
 Compromise by personal representative of 
 suit for damages for causing death. 14 
 L.R.A. 417. 
 
 Settlement or compromise by personal repre- 
 sentative of cause of action for death as 
 affecting right of action therefor by 
 representative appointed in another 
 state. L.R.A.1918D 670. 
 
 Settlement of cause of action for death, by 
 beneficiaries without assent of executor 
 or administrator. 35 L.R.A. (N.S.) 207. 
 
 Does settlement by injured person of his 
 claim against tort feasor preclude an 
 action for his death resulting from the 
 injury. 27 L.R.A.(N.S.) 176; L.R.A. 
 1915E, 1163. 
 
 Furnishing medical attention as a consider- 
 ation for release of liability for death. 
 46 L.R.A.(N.S.) 419. 
 
 Release of all claim for injury before receiv- 
 ing injury resulting in death, as affect- 
 ing right of statutory beneficiaries. 
 L.R.A.1915E, 1170. 
 
 VI. Effect of. 
 
 15. Generally. 
 
 Abatement of action by, see ABATEMENT 
 .AND REVIVAL, . 2, 3. 
 
 Effect of civil death, see CIVIL DEATH. 
 
 Effect of husband's death on wife's right 
 to alimony, see DIVORCE AND SEPABA- 
 TION, 48. 
 
 Dissolution of partnership by, see PARTNER- 
 SHIP, 40-49. 
 
 Revocation of agency by, see PRINCIPAL AND 
 AGENT, 7, 10.
 
 
 INDEX TO L.R.A. NOTES. 
 
 DEATH, VI. cont'd. 
 
 Effect of, on competency - of witness, see 
 
 WITNESSES, 22-24. 
 Divorce as equivalent of death for purpose 
 
 of terminating a trust. L.R.A.1915E, 
 
 !(>. 
 .Abatement of appeal or error to Federal 
 
 Supreme Court by death of party. 
 
 66 L.R.A. 856. 
 Disposition of appeal or motion for new 
 
 trial where because of death of official 
 
 stenographer the record is lost or in- 
 
 complete. 25L.R.A.(N.S.) 867; L.R.A. 
 
 1915B, 356. 
 Effect of declarant's death on admissibihty 
 
 in behalf of accused of extrajudicial 
 
 confessions by stranger. 37 L.R.A. 
 
 (N.S.) 349. 
 
 On account stated. 27 L.R.A. 825. 
 Death of debtor as excuse for not exhaust- 
 
 ing remedies at law before bringing 
 
 creditor's bill. 23 LJl.A.(N.S.) 92. 
 Right of simple contract creditor to the 
 
 appointment of a receiver of the prop- 
 
 erty of his debtor after the latter's 
 
 death. L.R-A.1918C, 637. 
 Effect of death of landlord who had only 
 
 a life estate to transfer the reversion. 
 
 L.R.A.1915C, 207. 
 Death of wife as affecting alimony. L.R.A. 
 
 1916B, 854. 
 Remedy of judgment creditor of community 
 
 after death of one of the spouses. 
 
 L.R.A.1917C, 502. 
 Effect of death upon liability of husband 
 
 and wife for the latter's libel or slander. 
 
 30 L.R.A. 529. 
 Effect of death of party nominee before pri- 
 
 mary as creating a vacancy in party 
 
 ticket. 41 L.R.A.(N.S.) 1092. 
 Effect of death of person elected before tak- 
 
 ing office or of his failure to qualify. 
 
 50 L.R.A.(N.S.) 374. 
 Right of candidate receiving next highest 
 
 number of votes where person receiving 
 
 highest number died before election. 51 
 
 L.R.A.(N.S.) 226. 
 Abridgement of contingency on which a gift 
 
 by will is conditioned by death of other 
 
 parties. 25 L.R.A.(N.S.) 1168. 
 Effect of death of beneficiary of testamen- 
 
 tary gift of annuity before its purchase. 
 
 2 B. R. C. 909. 
 Effect of death of one having right to con- 
 
 test will or codicil. L.R.A.1918A, 477. 
 Effect upon sale, assignment, or release of 
 
 expectancy, of assignor's predecease of 
 
 ancestor. L.R.A.1917C, 267. 
 Effect of death of member of joint enter- 
 
 prise or partnership to exclude from 
 
 articipation in the profits thereof. 
 .R.A.1918B, 679. 
 
 Effect of death to cut off right to compen- 
 sation that was being paid to depend- 
 ents or employees under Workmen's 
 Compensation Acts. L.R.A.1918F, 563. 
 
 Liability for defamation of deceased per- 
 son. L.R.A.1917C, 615. 
 
 Effect on liability for default of coexecutor. 
 11 L.R.A.(N.S.) 343. 
 
 Begin with this book on every law question. 
 
 DEATH, VI. cont'd. 
 
 Effect of death of father, mother surviving, 
 on domicil of child. 49 L.R.A. (N.S.) 
 866. 
 
 Domicil of infant after death of both par- 
 ents. 49 L.R.A.(N.S.) 875. 
 
 Does obligation for support of child under 
 provision in decree of divorce or sep- 
 aration survive the death of the obligor. 
 48 L.R.A.(N.S.) 429. 
 
 Of parent to whom custody of child was 
 awarded as affecting right of surviving 
 parent. 20 L.R.A. (N.S.) 171. 
 
 Of entryman before issuance of patent to 
 public lands as affecting its liability 
 for antecedent debts. 34 L.R.A. (N.S.") 
 410. 
 
 Effect upon curtesy of death of issue be- 
 fore seisin by wife. 20 L.R.A. (N.S.) 
 825. 
 
 16. Upon judgment or execution. 
 
 Death of one party as affecting remedy by 
 execution, see EXECUTION, 14. 
 
 As ground for injunction against judgment, 
 see INJUNCTION, 54. 
 
 Effect of judgment entered against dead per- 
 son, see JUDGMENT, 32. 
 
 Entry of judgment nunc pro tune after 
 
 death of party. 20 L.R.A. 148. 
 Right to have judgment set aside for death 
 
 of party. 54 L.R.A. 764. 
 Right to attack decree of divorce after death 
 
 of one or both of parties. 57 L.R.A. 
 
 583; 1 L.R.A.(N.S.) 551; 44 L.R.A. 
 
 (N.S.) 505; L.R.A.1917B, 486. 
 
 17. On contract generally. 
 
 As excuse for nonperformance of contract, 
 see CONTRACTS, 125. 
 
 Effect on contract of death of party thereto. 
 23 L.R.A. 707; 45 L.R.A. (N.S.) 349. 
 
 Effect of death of drawer of check as a 
 revocation thereof. 43 L.R.A.(N.S.) 
 109; L.R.A.1916A, 717. 
 
 Effect of death of subscriber as revoking 
 subscription to charity. 48 L.R.A. 
 (N.S.) 801. 
 
 Does contractual obligation for support of 
 a child survive the death of the obligor. 
 48 L.R.A.(N.S.) 429. 
 
 Substitute conveyance after grantor's death. 
 44 L.R.A.(N.S.) 851. 
 
 Effect of death of party after the mailing, 
 but before the receipt, of his letter ac- 
 cepting an offer. 12 L.R.A. (N.S.) 439. 
 
 Survival, after death of promisor, of con- 
 tract to pay for personal services ren- 
 dered to third person. 13 L.R.A.. 
 (N.S.) 643. 
 
 Effect of death of accommodation party on 
 right to recover from accommodated 
 party. 37 L.R.A.(N.S.) 786. 
 
 Liability of lessee for rent during part of 
 term remaining after death of person 
 whom he agreed to support. 33 L.R.A. 
 (N.S.) 347. 
 
 Effect of death of subscriber to corporate 
 stock. 33 L.R.A. 597.
 
 INDEX TO L.E.A. NOTES. 
 
 385 
 
 DEATH, VI. cont'd. 
 
 Of third person as condition of performance 
 of contract of marriage. 52 L.R.A. 
 660. 
 
 Effect of death of principal contractor on 
 ri^ht of subcontractor or materialman 
 to a lien or payment by owner. 20 
 L.R.A.(N.S.) 45. 
 
 Effect of deed to a deceased person. 28 
 L.R.A.(N.S.) 405. 
 
 Assignment of policy of life insurance as 
 affected by death of assignee before in- 
 sured. L.R.A.1916F, 785. 
 
 Death of attorney employed on a contin- 
 gent fee, before final adjudication or 
 settlement, as affecting compensation. 
 52 L.R.A.(N.S.) 381. 
 
 Death of promisee before that of promisor 
 in agreement to make provision by 
 will. L.R.A.1917D, 812. 
 
 18. Of one employing attorney. 
 
 Client's death as affecting attorney's author- 
 ity to proceed with suit. 34 L.R.A. 
 (N.S.) 1189. 
 
 Effect of death of personal representative on 
 liability of estate to attorney employed 
 by him. 25 L.R.A.(N.S.) 74. 
 
 19. Of insured. 
 
 As disability within meaning of accident or 
 health policy. 23 L.R.A.(N.S.) 358. 
 
 As total disability of insured. 38 L.R.A. 
 537. 
 
 Effect of delivery after death of assured 
 of policy containing stipulation that 
 it shall not become binding unless de- 
 livered while assured is in good health. 
 17 L.R.A. (N.S.) 1152. 
 
 Effect of refusal to deliver policy contain- 
 ing stipulation that it shall not become 
 binding unless delivered to assured 
 while in good health because of death 
 of assured. 17 L.R.A.(N.S.) 1146; 
 . L.R.A.1916F, 174. 
 
 Enect of death of insured before contem- 
 plated change of beneficiary is complete. 
 34 L.R.A.(N.S.) 277; L.R.A.1915A, 
 580. 
 
 Death of insured as interrupting period aft- 
 er which policy is incontestable. L.R.A. 
 1918D, 1198. 
 
 20. Of mortgagor or mortgagee. 
 
 Does power of sale in mortgage or deed of 
 trust prevent its revocation by death 
 of mortgagor. 70 L.R.A. 135. 
 
 Effect of death of mortgagor in possession 
 upon right of mortgagee under chattel 
 mortgage. 21 L.R.A. (N.S.) 182. 
 
 Necessary parties to foreclosure of senior 
 mortgage where junior mortgagee has 
 died. 36 L.R.A.(N.S.) 433. 
 
 Chattel mortgage not filed before death of 
 mortgagor. L.R.A.1918A, 327. 
 
 21. Of guarantor or surety. 
 
 Of guarantor, see GUARANTY, 10. 
 Of surety or co-surety as release of surety, 
 see PRINCIPAL AND SURETY, 17. 
 
 also L.R.A. Digests of Cases. 25 
 
 DEATH, VI. cont'd. 
 
 22. Of master or servant. 
 
 Effect of, to terminate contract of employ- 
 ment, see MASTER AND SERVANT, 37. 
 
 Right to recover for services interrupted by 
 sickness or death. 16 L.R.A. 858. 
 
 Effect of death of servant on contract re- 
 quiring servant to elect between accep- 
 tance of benefits out of relief fund and 
 a prosecution of his claims in an action 
 for damages. 11 L.R.A. (N.S.) 193. 
 
 23. Of witness. 
 
 Of witness as ground for admission of tes- 
 timony given upon preliminary exam- 
 ination. 25 L.R.A. (N.S.) 873. 
 
 Right to have direct testimony stricken 
 out where cross-examination is inter- 
 rupted by death of witness. 15 L.R.A. 
 (N.S.) 493. 
 
 DEATH DUTIES. 
 
 See TAXES, VI. 
 
 DEATH SENTENCE. 
 Execution of, see CRIMINAL LAW, 75. 
 
 DEBATES. 
 
 Power of school authorities to require par- 
 ticipation by pupils in debates. 47 
 L.R.A.(N.S.) 202. 
 
 DEBAUCHMENT. 
 
 See SEDUCTION. 
 
 DEBENTURES. 
 
 Liability of government or other public 
 body for its own obligations stolen 
 from it. 39 L.R.A. (N.S.) 444. 
 
 Right of holders of concurrent mortgages 
 or debentures ranking pari passu to 
 have interest equalized before distribut- 
 ing proceeds of security. 7 B. R. C. 91. 
 
 DEBIT ENTRIES. 
 
 Effect of transfer without indorsement of 
 worthless debit and credit entries. 10 
 L.R.A.(N.S.) 537.
 
 INDEX TO L.R.A. NOTES. 
 
 DEBRIS. 
 
 Obstruction of navigation by, liability for. 
 
 59 L.R.A. 73. 
 Obstruction of waters of stream by. 59 
 
 L.R.A. 871. 
 
 DEBT. 
 
 1. Generally. 
 
 Assumption of, see ASSUMPTION OF DEBTS; 
 MORTGAGE, 40-46. 
 
 Application of deposit to payment of de- 
 positors' debts, see BANKS, 17-19. 
 
 Liability of consolidated corporation for 
 debts of predecessor, see CORPORATIONS, 
 15. 
 
 Adjustment of debts on alteration of coun- 
 ties, see COUNTIES, 3. 
 
 Adjustment of debts on changing boundaries 
 of municipality, see MUNICIPAL CORPO- 
 RATIONS, 63. 
 
 Debt limit, see COUNTIES, 10; MUNICIPAL 
 CORPORATIONS, 65-67 ; SCHOOLS, 33. 
 
 Due to decedent's estate, see EXECUTORS 
 AND ADMINISTRATORS, 28, 29. 
 
 Due from decedent's estate, see EXECUTORS 
 AND ADMINISTRATORS, 33-46. 
 
 Promise to answer for debt of another, see 
 GUARANTY. 
 
 Liability of community property for, see 
 HUSBAND AND WIFE, 32. 
 
 Liability of wife's separate property for her 
 debts, see HUSBAND AND WIFE, 36. 
 
 Liability of wife's separate property for her 
 husband's debts, see HUSBAND AND 
 WIFE, 37. 
 
 Husband's liability for debts of wife, see 
 HUSBAND AND WIFE, 39-42. 
 
 Imprisonment for, see IMPRISONMENT FOR 
 DEBT. 
 
 Liability of officer's salary for, see OFFICEBS, 
 34, 35. 
 
 Liability of partnership, see PABTNEBSHIP, 
 IV. 
 
 Payment of, see PAYMENT. 
 
 Agent's authority to pay own debt from 
 principal's money, see PRINCIPAL AND 
 AGENT, 23. 
 
 Liability of public lands for, see PUBLIC 
 LANDS, 14. 
 
 Liability of members of religious society 
 for, see RELIGIOUS SOCIETIES, 12. 
 
 Right to set off debts, see SET-OFF AND 
 COUNTERCLAIM. 
 
 Due from state, see STATE, 14, 15. 
 
 Subrogation of person discharging, see SUB- 
 ROGATION. 
 
 Deduction of debts of taxpayer, see TAXES, 
 57, 103. 
 
 Trusts for payment of, see TRUSTS, 10. 
 
 Of county, see COUNTIES, 9-11. 
 
 Of municipality, see MUNICIPAL CORPORA- 
 TIONS, 61-67. 
 
 Of school districts, see SCHOOLS, 32-34. 
 
 Of town, see TOWNS, 7. 
 
 Of partnership, see PARTNERSHIP, 10-17, 
 o7. 
 
 See also DEBTOR AND CREDITOR. 
 
 DEBT cont'd. 
 
 Purchase subject to, giving third person- 
 riirht to sue on contract. 25 L.R.A. 27-"). 
 
 Fraudulent contraction of, as ground for 
 attachment. 30 L.R.A. 468. 
 
 To what extent advances by factor create a 
 debt against the principal. 5 L.R.A. 
 (N.S.) 1147. 
 
 Passing of title by delivery to carrier of 
 consignment to satisfy debt. 22 L.R.A. 
 418. 
 
 Effect of corporate dissolution on. 69 
 L.R.A 141. 
 
 Necessity of notice to insane person of ap- 
 plication for sale of his property to 
 pay debts. 29 L.R.A. (N.S.) 147. 
 
 Judgment of another state or country 
 against executor or administrator as 
 evidence of indebtedness. 27 L.R.A. 
 111. 
 
 Liability of claim or interest in public lands 
 for debts contracted before patent is- 
 sued. 34 L.R.A.(N.S.) 405. 
 
 Right of bank 
 save debt. 
 
 tb engage in business to 
 27 L.R.A. (N.S.) 243. 
 
 Right of insurer to deduct indebtedness of 
 insured extrinsic to insurance contract. 
 37 L.R.A.(N.S.) 556. 
 
 Liability of alimony for. 32 L.R.A. (N.S.) 
 270. 
 
 Liability of estate by entireties for hus- 
 band's debts. 36 "L.R.A. (N.S.) 205. 
 
 Right to apply indebtedness owed by credi- 
 tor to debtor for purpose of tolling stat- 
 ute of limitations. 42 L.R.A. (X.S.'i 
 1155; L.R.A.1915E, 794. 
 
 Upon whom does the liability of an heir or 
 devisee for his decedent's debts devolve 
 at his own death. 39 L.R.A. (N.S.) 
 689. 
 
 Constitutionality of statute subjecting 
 spendthrift trusts to debts. 40 L.R.A. 
 (N.S.) 1215. 
 
 Denials on information and belief or of 
 knowledge or information sufficient to 
 form belief as to indebtedness presump- 
 tively within pleader's knowledge. 30 
 L.R.A.(N.S.) 776. 
 
 Taking property to pay or secure debt as 
 larceny. 41 L.R.A. (N.S.) 553. 
 
 Charging one with refusal to pay, as libel 
 or slander. L.R.A. 1915E, 455. 
 
 Debts to be considered in determining exis- 
 tence of amount of indebtedness neces- 
 sary to adjudge one an involuntary 
 bankrupt. L.R.A.1916E, 631. 
 
 Presumption of satisfaction of debt by leg- 
 
 acy or devise to creditor. 
 1156. 
 
 L.R.A.1915B, 
 
 General direction in will to pay debts as 
 charging homestead. 44 L.R.A. (N.S.) 
 1177. 
 
 Necessity of pleading statute of frauds in 
 action on promise to pay debt of an- 
 other. 49 L.R.A.(N.S.) 32. 
 
 2. Payment of, as consideration. 
 
 See CONTRACTS, 10-12. 
 
 Begin with this ftooTc on every law question. 
 
 3. Collection of. 
 
 Authority of agent to collect, see PRINCIPAL 
 AND AGENT, 19.
 
 INDEX TO L.R.A. NOTES. 
 
 387 
 
 DEBT cont'd. 
 
 Elfort to collect, as extortion. 18 L.R.A. 
 (N.S.) 77; L.R.A.1915B, 1140. 
 
 Liability of officer who uses criminal pro- 
 cess to collect debt. 24 L.R.A. (N.S.) 
 301. 
 
 Creation of partnership by participating in 
 profits in order to collect debts. 18 
 L.R.A.(N.S.) 1062. 
 
 Deduction of indebtedness owing to remote 
 ancestor by predeceased immediate 
 ancestors. 47 L.R.A. (N.S.) 1026. 
 
 4. Situs of. 
 
 Where debt is garnishable, see GARNISH- 
 MENT, 12. 
 
 For purpose of taxation, see TAXES, 41, 
 42, 47. 
 
 5. Action of. 
 
 Effect of admission to change burden of 
 proof on right to open and close in ac- 
 tion of debt. 61 L.R.A. 545. 
 
 DEBT LIMIT. 
 
 See COUNTIES, 10; MUNICIPAL CORPORA- 
 TIONS, 65-67; SCHOOLS, 33. 
 
 DEBTOR AND CREDITOR. 
 
 1. Generally. 
 
 Insolvent debtors, see ASSIGNMENT FOR 
 CREDITORS; BANKRUPTCY; BANKS, 
 39-42; COMPOSITION WITH CREDITORS; 
 CORPORATIONS, 134-137; INSOLVEN- 
 CY; RECEIVERS. 
 
 Remedies of creditor, see ATTACHMENT; 
 CREDITORS' BILL; EXECUTION; GARNISH- 
 MENT; LEVY AND SEIZURE. 
 
 Right of creditors to question validity of 
 attachment, see ATTACHMENT, 13. 
 
 Liability of corporate officers to creditors of 
 corporation, see CORPORATIONS, 54, 
 58. 
 
 Corporate creditor's right as against stock- 
 holder, see CORPORATIONS, 104-121. 
 
 Power of husband's creditors to defeat wife's 
 right to dower, see DOWER, 11. 
 
 Subjecting dower estate to debts, see DOWEE, 
 ' 20. 
 
 Execution against debtor's property, see 
 EXECUTION. 
 
 Right of creditor to letters of administra- 
 tion, see EXECUTORS AND ADMINISTRA- 
 TORS, 5. 
 
 Effect of appointing debtor as administra- 
 tor, see EXECUTORS AND ADMINISTRA- 
 TORS, 7. 
 
 As to exemptions, see EXEMPTIONS; HOME- 
 STEAD. 
 
 Rights of creditors in expectancy of debtor, 
 see EXPECTANCY. 
 
 Transfers in fraud of creditors, see FRAUD- 
 ULENT CONVEYANCES. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DEBTOR AND CREDITOR cont'd. 
 
 Child's right in homestead as against credi- 
 tors, see HOMESTEAD, 20. 
 
 Right of husband's creditors as affected by 
 marital relations of debtor, see HUS- 
 BAND AND WIFE, 44. 
 
 Preference of creditors of insolvent, see 
 PREFERENCES ; PRIORITY. 
 
 Creditor's insurable interest in life of debt- 
 or, see INSURANCE, 28. 
 
 Validity of life insurance to secure debt to 
 insurer, see INSURANCE, 45. 
 
 Transfer of insurance policy to creditor, see 
 INSURANCE, 124. 
 
 Rights of creditors of insured, see INSUR- 
 ANCE, 184, 185, 192. 
 
 Joint creditors and debtors, see JOINT 
 CREDITORS AND DEBTORS. 
 
 Creditor's liability for wrongful levy, see 
 LEVY AND SEIZURE, 13. 
 
 Marshaling assets as between creditors, see 
 MARSHALING ASSETS AND SECURITIES. 
 
 Creditors of partnership, see PARTNERSHIP, 
 10-17, 24, 37. 
 
 Rights and remedies of surety as to credit- 
 ors, see PRINCIPAL AND SURETY, 22- 
 26. 
 
 Rights of creditors in trust estate, see 
 TRUSTS, 33, 34. 
 
 See also DEBT. 
 
 Who are debtors of United States. 29 
 L.R.A. 229. 
 
 Liability of member of religious society f6r 
 its debts. 69 L.R.A. 255. 
 
 Rights of creditors as to rents of intestate's 
 property. 40 L.R.A. 345. 
 
 Right of creditor to have judgment against 
 debtor set aside. 54 L.R.A. 768. 
 
 Parent's duty to support child as affected by 
 rights of creditors, 57 L.R.A. 741. 
 
 Rights of creditors to complain of pur- 
 chase by corporation of its own shares 
 of stock. 61 L.R.A. 632; 44 L.R.A. 
 (N.S.) 156; L.R.A.1916F, 286. 
 
 Reservation of title in bailments for sale 
 as against creditors of bailor and bailee. 
 22 L.R.A. 850. 
 
 Debtor's right of action against creditor for 
 collecting debt in another jurisdiction 
 in evasion of the oxTmirMon lnw '- s 
 their domicil. 36 L.R.A. 582; 47 L.R.A. 
 (N.S.) 689. 
 
 Liability of funds held by mutual benefit so- 
 cieties to the claims of their creditors. 
 6 L.R.A.(N.S.) 235. 
 
 Right of creditor to contest will. L.R.A. 
 1917A, 456. 
 
 Right of creditors to make or control elec- 
 tion for or against a will, or between 
 different provisions of a frill or statute. 
 11 L.R.A. (N.S.) 370. 
 
 Right of creditors of decedent's estate or of 
 heirs or devisees to avoid sale of prop- 
 erty to executor or administrator. 
 L.R.A.1918B, 30, 32. 
 
 Right of sureties on contractor's bond who 
 perform contract on abandonment by 
 contractor, to moneys unpaid on con- 
 tract, as against the assignees or cred- 
 itors of contractor. 14 L.R.A. (N.S.) 
 457; L.R.A.1918A, 937.
 
 388 
 
 INDEX TO L.R.A. NOTES. 
 
 DEBTOR AND CREDITOR cont'd. 
 
 Right of creditor of taxing district to in- 
 voke aid of court to obtain satisfac- 
 tion of debt, where ordinary remedies 
 not available. 32 L.R.A. (N.S.) 1020. 
 
 Time as of which equitable conversion takes 
 place under direction to sell property 
 which postpones sale to definitely ascer- 
 tainable time after testator's death in 
 determining rights of legatee's credit- 
 ors, 20 L.R.A.(N.S.) 69. 
 
 Effect of option of ceatui que trust to re- 
 quire a conveyance or otherwise ter- 
 minate the trust to subject the same to 
 claims of his creditors. 25 L.R.A. 
 (N.S.) 236. 
 
 Estoppel of one who permits title of real 
 property to stand in another's name to 
 assert title as against the latter's cred- 
 itors. 46 L.R.A.(N.S.) 1097. 
 
 Tenant's or cropper's abandonment of crop 
 as affecting rights of creditors there- 
 in. 46 L.R.A.(N.S.) 56. 
 
 Right of purchaser of, or creditors levying 
 on goods sold for cash but delivered 
 without payment. 47 L.R.A.(N.S.) 173. 
 
 Right of creditor of vendor to benefit of 
 vendor's lien. 47 L.R.A. ( N.S. ) 186. 
 
 Right of creditors to avoid debtor's con- 
 tracts or conveyances upon the ground 
 of the statute of fraud. L.R.A.1916D, 
 1SJ13. 
 
 Right of creditors to set up usury in their 
 dolii r's contract with others. L.R.A. 
 1915C, 634. 
 
 Right of simple contract creditor to the ap- 
 pointment of a receiver of the property 
 of his individual or firm debtor. L.R.A. 
 1918C, 632. 
 
 Right of one creditor to intervene in another 
 creditor's action after the period for 
 beginning such action has expired. 
 L.R.A.1917D, 885. 
 
 Validity as against creditors of conditional 
 sale purchaser of conditional sale con- 
 tract permitting purchaser to resell in 
 the ordinary course of business. L.R.A. 
 1917B, 660. 
 
 Title to money deposited by debtor in mail 
 or with carrier for transmission to 
 creditor. L.R.A.1918A, 534. 
 
 Mandamus at instance of creditor to com- 
 pel raising of tax assessment to the full 
 value of the property. L.R.A.1918B, 
 1107. 
 
 Liability of master for assault by servant 
 or agent in collecting debts. 51 L.R.A. 
 (N.S.) 920. 
 
 Competency of creditor of insured to serve 
 as appraiser to ascertain amount of 
 loss. 52 L.R.A. (N.S.) 502. 
 
 Liability of creditor who accepts as payment 
 from debtor check of third person which 
 lias been wrongfully procured by debtor. 
 13 L.R.A.(N.S.) 273. 
 
 Rights and remedies of creditor who is also 
 a stockholder of an insolvent corpora- 
 tion as affected by his own statutory 
 liability. 41 L.R.A. (N.S.) 981. 
 
 Right to dower on avoidance of conveyance 
 as against creditors as between wife and 
 creditors. 32 L.R.A. (N.S.) 105. 
 
 DEBTOR AND CREDITOR cont'd. 
 Right of dower, as against creditors and 
 
 heirs, in lands Mibject to purchase 
 
 money mortgage or vendor's lien. 52 
 
 L.R.A.(N.S.) 547, 557. 
 Release of original debtor as a condition of 
 
 novation by substitution of debtors. 
 
 L.R.A.1918B, 113. 
 
 2. Right of creditor in personal serv- 
 ices of debtor. 
 
 Subjecting earnings not yet due. 21 L.R.A. 
 
 623. 
 Contracts to pay an insolvent debtor wages 
 
 in advance for his services. 21 L.R.A. 
 
 624. 
 
 Where the debtor gives his time and labor 
 to the business of another gener- 
 ally. 21 L.R.A. 624. 
 Profits on farm caused by debtor's labor. 
 
 21 L.R.A. 629. 
 Improvements on wife's land. 21 L.R.A. 
 
 631. 
 Rights of creditors in debtor's intellectual 
 
 productions. 51 L.R.A. 381. 
 
 DEBTS PROVABLE. 
 
 Against bankrupt, see BANKRUPTCY, 25, 
 25a. 
 
 DECAY. 
 
 Destruction by decay rendering premises 
 untenantable as within landlord's cove- 
 nant to repair, or statute relieving ten- 
 ant from rent, in case of destruction 
 by act of God or elements. 21 L.R.A. 
 (N.S.) 130. 
 
 Provision relieving carrier from liability 
 for loss by decay as extending to loss 
 caused by negligence. 6 B. R. C. 130. 
 
 DECAYING TIMBER. 
 
 Life tenant's rights as to. 
 767. 
 
 37 L.R.A.(N.S.) 
 
 DECEASED PARTNER. 
 
 Estate of, see PABTNERSHIP, 46-4*. 
 
 Jlegin \oith this book on every law question. 
 
 DECEASED PERSONS. 
 
 Estates of, see DESCENT AND DISTRIBUTION ; 
 EXECUTORS AND ADMINISTRATORS; TAX- 
 ES, 54, 54a. 
 
 Domicil of, see DOMICIL AND RESIDENCE, 
 5. 
 
 Admissibility of declaration of, see EVI- 
 DENCE, 229-231
 
 INDEX TO L.R.A. NOTES. 
 
 389 
 
 DECEASED PERSONS cont'd. 
 
 Defamation of. L.R.A.1917C, 615. 
 
 Admissibility between third parties of en 
 tries against interest made by deceased 
 persons in books of account. 2 B. R. C. 
 670. 
 
 Effect of omission of statement that owner 
 is unknown in proceedings in rem to 
 enforce tax assessed against deceased 
 person. 36 L.R.A.(N'i.) 1062. 
 
 DECEASED WIFE'S SISTER. 
 
 Validity of marriage with. L.R.A.1916C, 
 756. 
 
 DECEDENT'S ESTATES. 
 
 In general, see DESCENT AND DISTRIBUTION; 
 
 EXECUTORS AND ADMINISTRATORS. 
 Assessment of property of, see TAXES, 
 
 54, 54a. 
 In general, see DESCENT AND DISTRIBUTION ; 
 
 EXECUTORS AND ADMINISTRATORS 
 Assessment of property of, see TAXES, 54. 
 
 Form of allegation of ownership of proper- 
 ty of a decedent's estate, in an indict- 
 ment or information for larceny. 
 L.R.A.1916E, 785. 
 
 DECEIT. 
 
 See FRAUD AND DECEIT. 
 
 DECENCY. 
 
 Municipal control over nuisance affecting, 
 see MUNICIPAL CORPORATIONS, 40. 
 
 DECEPTIVE TRADEMARK. 
 
 Invalidity of, see TRADEMARK, 3. 
 
 DECIPHERING. 
 
 Of obscurities in proof of handwriting. 65 
 L.R.A. 155. 
 
 DECISION. 
 
 Criticism ef, as ground for disbarment, see 
 
 ATTORNEYS, 5. 
 Impairment of contract obligations by 
 
 change of, see CONSTITUTIONAL LAW, 
 
 38. 
 Criticism or publication of, as a contempt, 
 
 see CONTEMPT, 6, 7. 
 Consult also L.R.A. Digests of Cases. 
 
 DECLARATIONS. 
 
 Admissibility of, see EVIDENCE, XI. 
 Plaintiff's pleading, see PLEADING, 16- 
 35. 
 
 Of party as cumulative evidence. 14 L.R.A. 
 
 611. 
 Sufficiency of, to establish voluntary trust 
 
 where legal title is retained by settlor. 
 
 12 L.R.A.(N.S.) 547. 
 May proof of delivery essential to gift rest 
 
 upon subsequent declarations of donor 
 
 alone. L.K.A.1916E, 288. 
 
 DECLARED TRUSTS. 
 
 See TRUSTS, 4-10. 
 
 DECLINE. 
 
 Permitting articles to roll down hillside or 
 decline. L.R.A.1915B, 426. 
 
 As 
 
 independent 
 (N.S.) 373. 
 
 DECORATORS. 
 
 contractors. 17 L.R.A. 
 
 DECOY. 
 
 For purpose of detecting crime in connection 
 with mail matter, see POSTOFFICE, 12. 
 
 Use of decoy for purpose detecting criminal 
 as a defense to prosecution. 25 L.R.A. 
 341; 30 L.R.A.(N.S.) 946; 51 L.R.A. 
 (N.S.) 825. 
 
 DECOYING. 
 
 Decoying of criminal into jurisdiction as 
 defense to prosecution. 15 L.R.A. 177. 
 
 Right to resist judgment of sister state on 
 ground of decoying within jurisdiction. 
 32 L.R.A.(N.S.) 931. 
 
 DECREE. 
 
 See JUDGMENT. 
 
 DEDICATION. 
 
 1. Generally. 
 
 Presumption and burden of proof as to, 
 see EVIDENCE, 93. 
 
 Right of one to testify as to his intent with 
 respect to. 23 L.R.A. (N.S.) 398. 
 
 What is necessary to effect a dedication of 
 land as a cemetery or burial plat. 27. 
 L.R.A.(N.S.) 875.
 
 INDEX TO L.R.A. NOTES. 
 
 DEDICATION eont'cl. 
 
 IVrmissive user which will constitute a 
 .Irilii-ation of u wharf or landing place. 
 48 I..K.A. \.S.) 469. 
 
 Dedication of property to public for pur- 
 poses of view or recreation. 4 B. R. 
 C. 892. 
 
 Assessment or nonassessment of property as 
 affecting. L.R.A.1916A, 1175. 
 
 Power of corporation to dedicate property 
 for public use. 8 L.R.A. (N.S.) 966. 
 
 Right to use public funds to' maintain or 
 improve private ways, or ways dedi- 
 cated to public but never accepted. 35 
 I..K.A.(N.S.) 524. 
 
 Validity of reservation in dedicating land 
 for street. L.R.A.1917C, 229. 
 
 2. Of land in which third persons 
 have an Interest. 
 
 Only owner may dedicate. 31 L.R.A. (N.S.) 
 
 1023. 
 
 Lessees. 31 L.R.A. (N.S.) 1024. 
 Life tenant and remainderman. 31 L.R.A. 
 
 (N.S.) 1025. 
 
 Tenants in common. 31 L.R.A.(N.S.) 1025. 
 Husband and wife. 31 L.R.A. (N.S.) 1025. 
 Dower. 31 L.R.A. ( N.S. ) 1025. 
 Vendor and vendee; possibility of reverter. 
 
 31 L.R.A. (N.S.) 1026. 
 Mortgagor. 31 L.R.A. (N.S.) 1026. 
 Judgments. 31 L.R.A. (N.S.) 1028. 
 Easements. 31 L.R.A. (N.S.) 1028. 
 Miscellaneous. 31 L.R.A.(N.S.) 1028. 
 
 3. Restrictions on use. 
 
 Power of legislature to control use to which 
 property taken for purposes of a park 
 or square may be used. 27 L.R.A. 
 (N.S.) 938. 
 
 4. ffect. 
 
 Loss of dower right by, see DOWER, 12. 
 
 Effect of conveyance of lots laid down on 
 plats, to prevent a change in the use 
 or form of the property. 14 L.R.A. 
 (N.S.) 1067. 
 
 5. Estate created by. 
 
 Estate created by. 6 L.R.A. 260.* 
 Easement acquired by the public. 3 L.R.A. 
 831.* 
 
 g 6. By map, plat, or call in deed. 
 
 Leaving blank in plat as a dedication. 23 
 L.R.A.(N.S.) 809. 
 
 Implied easement by exhibiting unfiled plat 
 to intending purchaser. 35 L.R.A. 
 (N.S.) 938. 
 
 Effect of conveyance of lands laid down on 
 plats to prevent a change in the use 
 or form of the property. 37 L.R.A. 
 (N.S.) 953. 
 
 Right of purchaser of property according to 
 plat to easements in streets or ways in- 
 dicated thereon other than those on 
 which his property abuts. 28 L.R.A. 
 (N.S.) 1024. 
 
 writh this book on every lair question. 
 
 DEDICATION cont'd. 
 
 Bounding land on street as covenant that 
 the street or alley exists where the 
 grantor does not own the fee thereof. 
 10 L.R.A.(N.S.) 964. 
 
 Right of grantee to claim easement, im- 
 plied covenant or estoppel as 
 against grantor by call in deed for 
 street or alley in which grantor 
 owns the fee. 14 L.R.A. (N.S.) 
 878. 
 
 Effect of conveyance of lots laid down on 
 plats to prevent a change in the use 
 or form of the property. 14 L.R.A. 
 (N.S.) 1067. 
 
 Effect of plat as to which purchaser of 
 property affected thereby has no notice. 
 44 L.R.A.(N.S.) 231. 
 
 Effect of bounding grant on private way to 
 carry title thereto. 24 L.R.A. (N.S.) 
 539. 
 
 Curing statutory defects in a map or plat 
 by conveying with reference to it. 
 42 L.R.A. (N.S.) 587. 
 
 Vacation of, or refusal by public to accept, 
 platted street or highway as affecting 
 private easements of abutting owners. 
 L.R.A.1917A, 1123. 
 
 7. Acceptance. 
 
 Necessity and sufficiency of acceptance of 
 grant of right of way over public land 
 for public highway. L.R.A.1917A, 355. 
 
 Public user as acceptance of dedicated high- 
 way. 18 L.R.A. 510. 
 
 Effect of limited use of way by the public 
 as an acceptance of dedication. 22 
 L.R.A.(N.S.) 1114. 
 
 Dedication and acceptance of streets so as 
 to make municipality liable for defects 
 or obstructions therein. 20 L.R.A. 
 (N.S.) 558. 
 
 Effect of mere use of highway over public 
 domain as acceptance of grant of right 
 of way. 9 L.R.A.(N.S.) 1223. 
 
 Assessment or nonassessment of property as 
 affecting acceptance. L.R.A.1916B, 
 1175. 
 
 Refusal by public to accept platted street or 
 highway as affecting private easements 
 of abutting owners. L.R.A.1917A, 1123. 
 
 8. Diversion. 
 
 What use of squares, parks, or commons 
 amounts to diversion from the use 
 for which they were dedicatH. 25 
 L.R.A.(N.S.) 980; 50 L.R.A. (N.S.) 
 465. 
 
 9. Reverter. 
 
 Effect of city's permitting use of street by 
 railroad in such a way as practically 
 to exclude public to cause reversion of 
 street to dedicators. 11 L.R.A. (N.S.) 
 589. 
 
 Reverter of land dedicated or conveyed for 
 purposes of courthouse upon re- 
 moval of county seat, or failure to 
 use land for courthouse purposes. 
 35 L.R.A. (N.S.) 603. 
 
 Reverter of land conveyed for school pur- 
 poses. 44 L.R.A.(N.S.) 1220.
 
 INDEX TO L.R.A. NOTES. 
 
 391 
 
 DEDUCTION. 
 
 Of debts, in assessment of taxes, see TAXES, 
 57, 103. 
 
 Right of insurer to deduct indebtedness of 
 insured extrinsic to insurance contract. 
 37 L.R.A.(N.S.) 556. 
 
 Cumulative sentences as affected by de- 
 duction of time for good behavior. 7 
 L.R.A.(N.S.) 128. 
 
 Is time prisoner is out on parol or con- 
 ditional pardon to be deducted from 
 time of sentence. 16 L.R.A. (N.S.) 304. 
 
 DEEDS. 
 
 I. In general, 1, la. 
 II. Form and requisites, 2-9. 
 a. In general, 2. 
 &. Execution, 3-5. 
 c. Delivery and acceptance, 
 
 6-9. 
 III. Construction; effect; validity, 
 
 1O-36. 
 
 a. In general, 1O-12. 
 6. Consideration, 13, 14. 
 
 c. Parties, 15-19. 
 
 d. Description of property, 
 
 2O. 
 
 e. What property passes, 
 
 21-27. 
 
 1. In general, 21-23. 
 
 2. Reservations and excep- 
 
 tions, 24-27. 
 
 f. Estates and interests created, 
 
 28-31. 
 
 g. Redelivery; destruction; re- 
 
 version; revocation; relief 
 from, 32-35. 
 h. Reformation, 36. 
 
 I. In general. 
 
 % 1. Generally. 
 
 Adverse possession under deed, see ADVERSE 
 
 POSSESSION, 15-18. 
 Alterations in generally, see ALTERATION OF 
 
 INSTRUMENTS. 
 
 Boundary by, see BOUNDARIES, 4-9. 
 Conditions in, see CONDITIONS, 8-13. 
 Oovenants in, see COVENANTS. 
 Right of entry on condition broken, see 
 
 CONDITIONS, 12. 
 Dedication by reference to map, plat or call 
 
 in, see DEDICATION, 6. 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 100, 101. 
 Admissibility of record of, see EVIDENCE, 
 
 127. 
 
 Of homestead, see HOMESTEAD, IV. 
 By or to married woman, see HUSBAND AND 
 
 WIFE, 38-42, 47, 48. 
 Deed poll, see DEEDS POLL. 
 Of infants, see INFANTS. 
 On judicial sale, see JUDICIAL SALE, 10. 
 Conveyance of mortgaged premises, see 
 
 MORTGAGE, 40-46. 
 In partition, see PARTITION, 9, 10. 
 Recording of. see RECORDS AND RECORDING 
 
 LAWS, IV. 
 Consult also L.R.A. Digests of Cases. 
 
 DEEDS, I. cont'd. 
 
 Quitclaim deed, see QUITCLAIM DEEDS. 
 
 Conveyance for support of grantor, see SUP- 
 PORT, 4. 
 
 Tax deeds, see TAXES, 81. 
 
 Grant of water rights, see WATERS, 98- 
 100. 
 
 Specific performance of contract in rela- 
 tion to title papers. L.R.A.1918E, 627. 
 
 Degree of proof to establish fact and con- 
 tents of lost deed. L.R.A.1918B, 879. 
 
 Competency to testify to possession of deed 
 at one time in possession of the dece- 
 dent, where witness would be incompe- 
 tent to testify directly to a transaction 
 by which it is claimed decedent parted 
 with his possession. 45 L.R.A.(N.S.) 
 583. 
 
 As subject of larceny. 49 L.R.A. (N.S.) 969, 
 971. 
 
 Alteration of deed after delivery. 32 L.R.A. 
 (N.S.) 284; L.R.A.1918B, 489. 
 
 Statute of uses in United States. 16 L.R.A. 
 (N.S.) 1148. 
 
 Denial of deed on information and belief. 
 30 L.R.A.(N.S.) 779. 
 
 Tender of, as condition of enforcing for- 
 feiture for vendee's failure to pay last 
 instalment of purchase money. 28 
 L.R.A.(N.S.) 956. 
 
 Replevin to recover deed of real property. 
 20 L.R.A.(N.S.) 507. 
 
 la. Substitute conveyances. 
 
 Requisites and effect generally. 44 L.R.A. 
 
 (N.S.) 849. 
 Effect as against party or privy. 44 L.R.A. 
 
 (N.S.) 850. 
 As against innocent third persons. 44 
 
 L.R.A.(N.S.) 851. 
 Substitute conveyances pendente lite. 44 
 
 L.R.A.(N.S.) 859. 
 
 //. Form and requisites, 
 a. In general. 
 
 2. Generally. 
 
 Conflict of laws as to, see CONFLICT OB 
 LAWS, 28. 
 
 Substitute conveyances; requisites general- 
 ly. 44 L.R.A.(N.S.) 849. 
 
 Effect of form of conveyance on title to 
 accretions to shore lands. 58 L.R.A. 
 200. 
 
 May purchaser of property be required to 
 accept deed of third person. 37 L.R.A. 
 (N.S.) 1123. 
 
 Defect in, as affecting marketability of title. 
 38 L.R.A.(N.S.) 20. 
 
 Z>. Execution. 
 
 3. Generally. 
 
 Acknowledgment of, see ACKNOWLEDGMENT. 
 Of chattel mortgage, see CHATTEL MORT- 
 GAGE, 3. 
 
 Conflict of laws as to. L.R.A J916A, 1020. 
 Execution of partition deed. 57 L.R.A. 
 
 340. 
 Execution of. in name of deputy. 42 L.R.A. 
 
 (N.S.) 880.
 
 nn -2 
 
 INDEX TO L.R.A. NOTES. 
 
 DEEDS, I. b cont'd, 
 
 3a. By attorney in fact or agent. 
 
 Form of. 41 L.R.A.(N.S.) 805. 
 Law governing power of attorney to convey. 
 L.R.A.1916A, 1043. 
 
 4. Attestation. 
 
 'l>pel of one attesting deed, to assert 
 title. 3 L.R.A.(N.S.) 879. 
 
 5. Signing. 
 
 Signing by proxy. 22 L.R.A. 297. 
 
 Signature by mark or cross. 12 L.R.A. 
 205;* 22 L.R.A. 372. 
 
 Signature made by hand of unconscious per- 
 son. L.R.A.1915B, 678. 
 
 Proof of signature by mark when attesting 
 witnesses are dead or cannot remember 
 transaction. 44 L.R.A. 146. 
 
 Conditions against taking effect of, until 
 signed by others. 45 L.R.A. 341. 
 
 c. Delivery and acceptance. 
 
 6. Generally. 
 
 Redelivery, see infra, 33. 
 
 Of chattel mortgage, see CHATTEL MOBT- 
 
 OAGE, 3. 
 Presumption and burden of proof as to, 
 
 see EVIDENCE, 101. 
 
 Undelivered deed as memorandum to satis- 
 fy statute of frauds. 22 L.R.A. 273. 
 
 Validation of undelivered deed by ratifica- 
 tion or estoppel of grantor. 9 L.R.A. 
 (N.S.) 945. 
 
 Effect of destruction, cancelation or delivery 
 to grantor for that purpose of delivered 
 but unrecorded deed. 18 L.R.A.(N.S.) 
 1167; 34 L.R,A.(N.S.) 495; L.R.A. 
 1918F, 402. 
 
 8 7. To grantee. 
 
 Effect of delivery to grantee, subject to a 
 future extrinsic condition. 16 L.R.A. 
 (N.S.) 941. 
 
 8 8. To third person, or for record, or 
 record of. 
 
 As to delivery in escrow, see ESCROW. 
 
 In general. 54 L.R.A. 865; 9 L.R.A.(N.S.) 
 
 224; 38 L.R.A.(N.S.) 941. 
 Delivery to person previously authorized or 
 designated by grantee. 54 L.R.A. 865; 
 38 L.R.A.(N.S.) 941. 
 
 Delivery to person not previously author- 
 ized or designated by grantee; re- 
 cording. 54 L.R.A. 867; 38 L.R.A. 
 (N.S.) 941. 
 
 Acceptance; how and when deed takes 
 effect; status of title. 54 
 L.R.A. 888; 38 L.R.A.(N.S.) 
 946. 
 
 Delivery of deed to third person or record 
 by grantor, as a delivery to the gran- 
 tee. 9 L.R.A.(N.S.) 224. 
 Right of grantor to revoke deed delivered 
 to stranger to be delivered by him to 
 grantee after grantor's death. 4 L.R.A. 
 (N.S.) 816; 9 L.R.A.fN.S.) 317. 
 Begin ivith this fcooTc on every Zatu question. 
 
 DEEDS, I. c cont'd. 
 
 Permitting undelivered deed wrongfully re- 
 corded by grantee to remain on record,, 
 as estoppel of grantor or his successors 
 to deny its delivery as against one pur- 
 chasing in reliance on the record. 7 
 L.R.A.(N.S.) 712. 
 
 9. Acceptance. 
 
 Of deed delivered to third person. 54 L.R.A. 
 888. 
 
 Acceptance of deed with knowledge of defect 
 in title as waiver of purchaser's right 
 to rescind contract. 30 L.R.A. (N.S.) 
 879. 
 
 Presumption of acceptance by grantee from 
 recording of deed. 9 L.R.A. (N.S.) 224. 
 
 Creation of covenant running with the land 
 by acceptance of deed poll with stipu- 
 lations purporting to bind grantee, ft 
 L.R.A.(N.S.) 436. 
 
 111. Construction, effect, validity, 
 a. In general. 
 
 10. Generally. 
 
 Deed as color of title, see ADVERSE POS- 
 SESSION, 15-18. 
 
 Effect of conveyance of land held adversely, 
 see CHAMPERTY AND MAINTENANCE. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 28. 
 
 Dedication by conveyance with reference to- 
 street or alley, see DEDICATION, 6. 
 
 Estoppel by, see ESTOPPEL, 3-5. 
 
 Parol evidence as to construction of, see- 
 EVIDENCE, VII. 
 
 Effect of conveyance by husband to wife, see- 
 HUSBAND AND WIFE, 47. 
 
 Absolute deed as a mortgage, see MORT- 
 GAGE, 15. 
 
 Effect of tax deeds, see TAXES, 81. 
 
 Creation of trust by, see TRUSTS, II. 
 
 Rights of purchasers, generally, see VENDOR- 
 AND PURCHASER, II. 
 
 Effect of substitute conveyances. 44 L.R.A. 
 (N.S.) 849. 
 
 Effect of language in deed indicating pur- 
 pose of grant or the use to wMch the 
 property is to be put. L.R.A.1918B, 
 695. 
 
 Marketability of title where construction of 
 deed is involved. 38 L.R.A. (N.S.) 18.- 
 
 Covenant to renew lepse as affected by con- 
 veyance of property. 41 L.R.A. (.N.S. ) 
 387. 
 
 Recitals in, as basis of implied covenants of 
 title. 18 L.R.A. 343. 
 
 Receipts in, as evidence of payment as 
 against third parties. 29 L.R.A. 740. 
 
 When may instrument otherwise ineffective 
 as a conveyance of real property b" up- 
 held as .a covenant to stand seized to 
 uses. 38 L.R.A. (N.S.) 937. 
 
 Right of holder of tax deed to take posses- 
 sion. 28 L.R.A. (N.S.) 398. 
 
 Right of grantee in possession to question 
 right of grantor to coll ret purchase 
 money. 21 L.R.A.(N.S.) 363.
 
 INDEX TO L.R.A. NOTES. 
 
 393 
 
 DEEDS, III. a cont'd. 
 
 Usury as affecting absolute conveyance of 
 
 land in payment of a debt. 36 L.R.A. 
 
 (N.S.) 134. 
 
 Merger of stipulations as to title in execu- 
 tory contract for the sale of real estate 
 
 in subsequently executed conveyance. 
 
 31 L.R.A.(N.S.) 457. 
 Federal courts following state decisions as 
 
 to construction and effect of. 40 L.R.A. 
 
 (N.S.) 414. 
 Construction and validity of restraints on 
 
 marriage. 4 B. R. C. 64. 
 Recital in deed as evidence of heirship. 45 
 
 L.R.A.(N.S.) 93. 
 What misrepresentations as to the contents 
 
 of an instrument will render it void in 
 
 law. 4 B. R. C. 663. 
 
 11. What is a deed. 
 
 Lease as a deed, see LANDLORD AND TEN- 
 ANT, 6. 
 
 When to be deemed testamentary in char- 
 acter. 1 L.R.A.(N.S.) 315. 
 
 When agreement or instrument conferring 
 rigut to mine and remove coal is to be 
 regarded as an absolute sale or convey- 
 ance of coal in place, as distinguished 
 from a lease or conditional sale. 4 
 L.R.A.(N.S.) 207. 
 
 12. Effect of deed in partition as dis- 
 tinguished from ordinary deed. 
 
 See PARTITION, 10. 
 
 ft. Consideration. 
 
 13. Generally. 
 
 As to consideration for contracts, gener- 
 ally, see CONTRACTS, 7-17. 
 Parol evidence as to, see EVIDENCE, 176. 
 
 Effect of rule against conveyance of land 
 held adversely on consideration for the 
 conveyance-. 35 L.R.A. (N.S.) 739. 
 
 Necessity for return of consideration on 
 disaflirmance of deed by insane person. 
 19 L.R.A. 491. 
 
 Effect of inadequacy of consideration on 
 question of undue influence in convey- 
 ance of property in consideration of 
 support of the grantor or a third per- 
 son. 52 L.R.A.(N.S.) 480. 
 
 14. Recital of money consideration 
 as contractual. 
 
 Consideration clause as importing owner- 
 ship or terms of contract. 68 
 L.R.A. 925. 
 
 Action to recover consideration. 68 L.R.A. 
 926. 
 
 Acceptance of deed as creating obligation to 
 pay consideration. 68 L.R.A. 928. 
 
 Parol evidence to vary consideration clause. 
 68 L.R.A. 928. 
 
 'Consideration as contractual in action for 
 breach of covenant. 68 L.R.A. 931. 
 
 Recital of consideration as contract in writ- 
 ing within statute of limitations. 68 
 L.R.A. 931. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DEEDS, III. cont'd. 
 
 c. Parties. 
 
 15. Generally. 
 
 Effect of provision in deed for benefit of 
 
 stranger thereto. 20 L.R.A. (N.S.) 221. 
 Effect of deed or mortgage on one who signs, 
 
 but is not named in it. 13 L.R.A. 
 
 (N.S.) 298; L.R.A.1915D, 196. 
 Does contingency of death without issue, 
 
 children, etc., import their survival of 
 
 the first taker. 37 L.R.A. (N.S.) 164. 
 Effect of deed to a deceased person. 28 
 
 L.R.A.(N.S.) 405. 
 To partnership as grantee, validity of. 1 
 
 L.R.A.(N.S.) 157. 
 Effect of conveyance of real property by 
 
 surviving partner. 28 L.R.A. 135. 
 
 16. Capacity of. 
 
 By married woman, see HUSBAND AND WIFE, 
 39-42, 48. 
 
 Validity of deed by insane person, see IN- 
 COMPETENT PERSONS, 10. 
 
 Belief in spiritualism, witchcraft, etc., as 
 affecting capacity to make. 16 L.R.A. 
 677. 
 
 Presumption and burden of proof as to 
 sanity with reference to conveyances. 
 36 L.R.A. 723, 731. 
 
 Opinion evidence by nonexpert as to capac- 
 ity of another to make. 37 L.R.A. 
 (N.S.) 592. 
 
 Signature made by hand of unconscious per- 
 son. L.R.A.1915B, 678. 
 
 17. Unborn child as grantee. 
 
 Infant en ventre sa mere as grantee in deed. 
 44 L.R.A. 489. 
 
 18. Description of. 
 
 Fictitious name as affecting validity of deed. 
 
 39 L.R.A. 423. 
 Necessity of word "heirs" in deed of trust, 
 
 to pass title to trustee. 2 L.R.A.(N.S.) 
 
 172. 
 Are the "heirs" who take under a possibility 
 
 of reverter determined as of the time 
 
 of the ancestor's death, or as of the 
 
 time of the termination of the fee. 18 
 
 L.R.A.(N.S.) 624. 
 
 19. Filling in names of parties left 
 blank. 
 
 Implied authority to fill in the name of a 
 grantee in a blank left for that pur- 
 pose at the time of delivery. 38 L.R.A. 
 (N.S.) 423. 
 
 Effect of deed executed with name of grantee 
 blank, where name of grantee is filled 
 in and deed delivered contrary to 
 grantor's authorization. 37 L.RA. 
 (N.S.) 326, 
 
 d. Description of property. 
 20. Generally. 
 
 Parol evidence to correct, see EVIDENCE, 
 178.
 
 1M)KX TO L.R.A. XOTES. 
 
 DKKDS, III. d confd. 
 
 \\liat law governs. L.R.A.1916A, 1045. 
 
 Relief from mistake of law as to descrip- 
 tion. 28L.R.A.(N.S.) Sii-J. 
 
 Description of land in deed by reference to 
 street number. L.R.A.1918C, 520. 
 
 Validity and effect of deed executed in blank 
 as to the land to be conveyed. L.R.A. 
 1018A, 1155. 
 
 e. What property passes. 
 1. In general. 
 
 21. Generally. 
 
 Boundaries of land conveyed, see BOUND- 
 ARIES, 4-9. 
 
 Fixtures as between vendor and purchaser, 
 see FIXTURES, 4. 
 
 What passes by deed from husband and wife, 
 see HUSBAND AND WIFE, 39-42. 
 
 What property passes under will, see WILLS, 
 74, 75. 
 
 Conflict of laws as to character of quantum 
 of estate. L.R.A.1916A, 1045. 
 
 Will real estate pass under the word "ef- 
 fects" in a written instrument. 12 
 L.R.A.(N.S.) 661. 
 
 How far title to islands is included in pri- 
 vate grant. 58 L.R.A. 677. 
 
 How far grant of mill includes water rights. 
 58 L.R.A. 487. 
 
 Right to use water for irrigation passing 
 by deed. 65 L.R.A. 409. 
 
 Grants of parcel abutting on abandoned 
 street as carrving grantor's title to 
 fee of former street. 32 L.R.A.(N.S.) 
 778. 
 
 Conveyance of real property as carrying 
 riuht to telephone service. 42 L.R.A. 
 (X.S.) 1021. 
 
 Conveyance of land as including crops. 
 L.R.A.1917C, 35. 
 
 Oil or gas as a mineral, within a grant of 
 mineral or mineral rights. L.R.A. 
 1918A, 491. 
 
 22. Future acquired property. 
 
 Estoppel to claim, see ESTOPPEL, 5. 
 
 On sale of expectancy by prospective heir. 
 33 L.R.A. 276. 
 
 Effect of covenants to carry title to future 
 or subsequently acquired interest of 
 the grantor, where he had a present 
 interest which passes by the deed. 13 
 L.R.A. (N.S.) 1003. 
 
 23. Right to lateral and subjacent 
 support. 
 
 Right to subjacent support upon conveyance 
 of minerals apart from surface. 2 
 L.R.A.(X.S.) 1115. 
 
 Condemnation or grant of Jand for railroad 
 right of way as carrying right to lat- 
 eral and subjacent support. 32 L.R.A. 
 (X.S.) 155. 
 
 2. Reservations and exceptions. 
 
 8 24. Generally. 
 
 Conditions in. see CONDITIONS, 8-13. 
 
 DEEDS. III. e, 2 cont'd. 
 
 Forfeiture of estate for breach of condition, 
 see CONDITIONS, 11. 
 
 Covenants in, sec COVENANTS. 
 
 Covenants restricting use of property, see 
 COVENANTS, 5-7, 21-25. 
 
 Creation of easements by, sot- KASF.MKXTS, 
 8. 
 
 Validity of reservation in dedicating land 
 for street. L.R.A. 1917C, 229. 
 
 Exception and reservation of easements. 20 
 
 L.R.A. 631. 
 Of light and air. 22 L.R.A. 541. 
 
 Implied reservation on severance of tract 
 of land with apparent benefit existing. 
 26 L.R.A.(N.S.) 321, 355; L.R.A.1915C, 
 346. 
 
 Distinction between implied grants and im- 
 plied reservations in creating easements. 
 8 L.R.A.(X.S.) 337. 
 
 Enforcement in equity of agreements re- 
 lating to, but not running with, the 
 land. 3 L.R.A. (N.S.) 98. 
 
 Reservation of timber and right to remove 
 within specified time; effect. 3 L.R.A. 
 (X.S.) 649. 
 
 Xecessity of claimant of land showing that 
 it is not included within the exceptions 
 from the grant or conveyance on which 
 he relies. 5 L.R.A. (N.S.) 156. 
 
 Effect, upon remote grantee, of reservation 
 or exception of mineral rights. 4 
 L.R.A.(N.S.) 477. 
 
 Oil or gas as a mineral within a reservation 
 of minerals or mineral rights. L.R.A. 
 1918A, 491. 
 
 Relief from mistake of law as to reserva- 
 tion. 28 L.R.A.(N.S.) 817. 
 
 Inheritance or succession tax on property 
 covered by power of appointment re- 
 served by grantor. 33 L.R.A. ^X.?.) 
 250; L.R.A.1918D, 343. 
 
 25. As to water rights. 
 
 In grant of water power. 67 L.R.A. 382. 
 
 Limitation on grant of mill. 58 L.R.A. 
 491. 
 
 Reservation in deed of right to dam back 
 water of stream. 59 L.R.A. 830. 
 
 Reservation of water power without defi- 
 nite reservation of necessary ground 
 to utilize it. L.R.A.1916A, 508. 
 
 % 26. Necessity for writing. 
 
 Must a reservation of growing crops by a 
 grantor in a deed be in writing. 23 
 L.R.A.(N.S.) 1221. 
 
 27. Parol evidence as to. 
 
 Parol evidence of reservation by the grant- 
 or. 20 L.R.A. 104. 
 
 Parol evidence of reservation of crops by 
 grantor. L.R.A.1917C, 37, 44. 
 
 Parol evidence of agreement for reservation 
 as additional consideration for deed. 
 25 L.R.A. (N.S.) 1199. 
 
 /. Estates and interests created. 
 
 28. Generally. 
 
 Extent of rights under grant of easement, 
 see EASEMENTS, 22.
 
 INDEX TO L.R.A. NOTES. 
 
 395 
 
 DEEDS, III. f eont'd. 
 
 Restraints on alienation, generally, see PER- 
 PETUITIES. 
 
 Estates and interests created under will, see 
 WILLS, 77-102. 
 
 Use of words of singular import as affecting 
 quantum of estate in deed with two 
 or more grantees. L.R.A.1918E, 798. 
 
 Nature and creation of determinable fees. 
 15 L.R.A. 231. 
 
 Corporeal appurtenances to realty. 15 
 L.R.A. 652. 
 
 Implied grant of easement in partition deed. 
 3 L.R.A.(N.S.) 1082. 
 
 Conveyance to one and his children as giv- 
 ing the children an estate jointly or in 
 common with the parent, or a remain- 
 der upon a life estate in the parent. 
 L.R.A.1917B, 76. 
 
 Character of estate created by grant, lease, 
 or devise of property to person so long 
 as he shall desire to live upon it, or 
 devote it to a particular use. 21 L.R.A. 
 (N.S.) 575. 
 
 Effect upon character of estate as one by 
 entireties under a conveyance to both 
 spouses, of the fact that one of them 
 already had an estate in the land. 25 
 L.R.A. (N.S.) 167. 
 
 Effect of reference to extrinsic document to 
 control or modify the character of the 
 estate that would otherwise pass un- 
 'der instrument. 8 L.R.A. (N.S.) 1038. 
 
 Effect of other language in deed to cut down 
 estate conveyed by granting clause. 12 
 L.R.A. (N.S.) 956; 24 L.R.A. (N.S.) 
 514; 42 L.R.A.(N.S.) 379. 
 
 Validity of limitation on power of aliena- 
 tion on grant of equitable estate to 
 married woman. 28 L.R.A. (N.S.) 426; 
 L.R.A.1917A, 679. 
 
 Provision in restraint of marriage in deed 
 as a condition or a limitation. 49 
 L.R.A. (N.S.) 615. 
 
 Meaning and effect of term "lend" or "loan" 
 employed in deed. L.R.A.1915D, 497. 
 
 29. Life or fee. 
 
 Under will generally, see WILL'S, 79-82. 
 Restraint on alienation as repugnant to fee, 
 see WILLS, 78. 
 
 Use of words of singular import as affect- 
 ing quantum of estate in deed with two 
 or more grantees. L.R.A. 1918E, 798. 
 
 Power to create remainder after life estate 
 with absolute power of disposal. 6 
 L.R.A. (N.S.) 1186. 
 
 Character of estate created by grant of 
 property to one so long as ho shall de- 
 sire to live upon it, or devote it to a 
 particular use. 21 L.R.A. (N.S.) 575. 
 
 Effect of videlicet following word "heirs" 
 in a grant or devise of real property to 
 restrict estate given to the first taker. 
 33 L.R.A. (N.S.) 191. 
 
 Effect of other language in deed to cut down 
 estate conveyed by granting clause. 12 
 L.R.A.(N.S.) 956; 24 L.R.A. (N.S.) 
 514; 42 L.R.A. (N.S.) 379. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DEEDS, III. f eont'd. 
 
 Conveyance to one and his children as giv- 
 ing the children an estate jointly or in 
 common with the parent or a remainder 
 upon a life estate in the parent. L.R.A. 
 1917B, 76. 
 
 30. Rule in Shelley's Case. 
 
 As to rule in Shelley's Case in its applica- 
 tion to wills, see WILLS, 82. 
 
 As affecting estate by entireties. 30 L.R.A. 
 312. 
 
 Construction of word "heirs" to mean chil- 
 dren. 1 L.R.A. (N.S.) 319. 
 
 "Children" as a word of purchase or limi- 
 tation. 12 L.R.A. (N.S.) 283. 
 
 Full treatment of rule in Shelley's Case. 
 29 L.R.A. (N.S.) 963. 
 
 Effect upon rule in Shelley's Case, of ex- 
 press prohibition against conveyance or 
 encumbrance of property by life ten- 
 ant. 7 L.R.A. (N.S.) 1109. 
 
 31. Remainders; future estates; lim- 
 itations over. 
 
 Contingent interests generally, see CONTIN- 
 GENT INTERESTS. 
 
 Rights and duties of life tenant, see LIFE 
 TENANTS. 
 
 Rights of remaindermen generally, see LIFE 
 TENANTS ; REMAINDERMEN. 
 
 Effect on absolute gift of fee of failure for 
 remoteness of limitation over. 20 
 L.R.A. 509. 
 
 Conveyance to one and his children as eriving 
 the children a remainder upon a life es- 
 tate in the parent. L.R.A.1917B, 76. 
 
 Character of remainder created by grant or 
 devise to one for life with remainder 
 to his children who may survive him. 
 25 L.R.A. (N.S.) 888. 
 
 Effect of union of life estate and remote re- 
 mainder or reversion in the same per- 
 son upon intermediate contingent re- 
 mainder. 7 L.R.A. (N.S.) 433. 
 
 Infant en venire sa mere as grantee in con- 
 veyance of remainder. 44 L.R.A. 490. 
 
 Vested remainder as subject of attachment 
 or levy. 30 L.R.A. (N.S.) 115. 
 
 g. Redelivery ; destruction; reversion; 
 revocation; relief from. 
 
 32. Generally. 
 
 Forfeiture of estate for breach of condition, 
 see CONDITIONS, 11. 
 
 Relief from mistake of law as to effect of. 
 
 28 L.R.A. (N.S.) 801, 813. 
 Relief from deed prepared by grantee, which 
 
 does not protect the grantor's rights. 
 
 13 L.R.A. (N.S.) 1089. 
 Misconduct of wife as affecting deed to her 
 
 before, and in consideration of, mar- 
 riage. 6 L.R.A.(N.S.) 785. 
 Decrees invalidating deeds affecting estates 
 
 of persons not in being. 8 L.R.A. (N.S. ) 
 
 65. 
 Necessity for return of consideration on dis- 
 
 affirmance of deed by insane person. 
 
 19 L.R.A. 491.
 
 INDEX TO L.R.A. NOTES. 
 
 DKKDS, III. g cbnfd. 
 
 S :$;{. Destruction; redelivery; cancela- 
 liuii; rescission. 
 
 Rescission of grant of water power. 67 
 L.R.A. 388. 
 
 May deed of real property executed by an 
 incompetent not judicially declared 
 such be avoided in an action at law. 
 19 L.R.A.(N.S.) 461. 
 
 Effect of destruction or cancelation, or re- 
 delivery to grantor for that purpose, of 
 delivered but unrecorded deed. 18 
 L.R.A.(N.S.) 1167; 34 L.R.A. (N.S.) 
 495; L.R.A.1918F, 402. 
 
 May a grantor rescind a deed executed in 
 consideration of future support, where 
 performance by grantee is, without 
 fault on his part, prevented by the 
 grantor. 25 L.R.A.(N.S.) 932. 
 
 Cancelation of deed for inadequacy of con- 
 sideration. L.R.A.1916D, 382. 
 
 SSa. for fraud. 
 
 False statements as to use to which prop- 
 erty is to be put as ground for rescis- 
 sion of deed. 32 L.R.A.(N.S.) 127. 
 
 Hight, as against subsequent bona fide pur- 
 chaser, to avoid deed because of false 
 impression, induced by fraud, as to con- 
 tents or character of paper signed. 36 
 L.R.A.(N.S.) 537. 
 
 Undue influence as ground for setting aside 
 conveyance or transfer of property in 
 consideration of support of the grantor 
 or a third person. 52 L.R.A. (N.S.) 
 476. 
 
 34. Revocation. 
 
 Grantor's right to revoke deed delivered to 
 third person. 54 L.R.A. 903. 
 
 Right of grantor to revoke deed delivered 
 to stranger, to be delivered by him to 
 grantee after grantor's death. 4 L.R.A. 
 (N.S.) 816. 
 
 35. Reversion. 
 
 Reverter of dedicated property, see DEDICA- 
 TION, 9. 
 
 Reversion of street or highway, see HIGH- 
 WAYS, 112. 
 
 Reversion generally, see REVERSION. 
 
 Express condition or stipulations for, in deed 
 conveying land for specified charitable 
 or quasi public purpose. 19 L.R.A. 2G2. 
 
 Right of reversion on abandonment of road 
 deeded to railway company. 1 L.R.A. 
 (N.S.) 806. 
 
 Reverter of land dedicated or conveyed for 
 purpose of courthouse on removal of 
 county seat or failure to use land for 
 such purposes. 35 L.R.A. (N.S.) 603. 
 
 Reverter of land conveyed for school pur- 
 poses. 44 L.R.A. (N.S.) 1220. 
 
 Effect of attempted conveyance to extin- 
 guish a possibility of reverter upon 
 breach of condition subsequent. L.R.A. 
 
 DEEDS, III. g cont'd. 
 
 Character and effect of provision in deed to 
 railroad for construction of road within 
 a specified time where deed expressly 
 provides for reverting. 32 L.R.A. 
 (N.S.) 117. 
 
 U. Reformation. 
 
 % 36. Generally. 
 
 Jurisdiction of suit to reform deed of land 
 
 in another state or country. 69 L.R.A. 
 
 685. 
 Reformation of deeds as against persons not 
 
 in being. 8 L.R.A. (N.S.) 66. 
 Relief from deed prepared by grantee which 
 
 does not protect the grantor's rights. 
 
 13 L.R.A. (N.S.) 1089. 
 Effect of statute of frauds upon the power of 
 
 equity to reform. L.R.A.1917A, 573. 
 
 DEEDS OF TRUST. 
 
 See MORTGAGE. 
 
 DEEDS POLL. 
 
 23 
 
 Liability of grantee on a condition in. 
 L.R.A. 396. 
 
 May covenant running with the land be cre- 
 ated by acceptance of deed poll with 
 stipulations purporting to bind grantee. 
 6 LJLA.(N.S.) 436. 
 
 DEER. 
 
 Liability for injury by. 11 L.R.A.(N.S.) 
 
 748. 
 
 DE FACTO. 
 
 Corporations, see CORPORATIONS, 8. 
 Directors, see CORPORATIONS, 41. 
 Officers, see OFFICERS, IV. 
 
 DEFALCATION. 
 
 Of co-executor or co-administrator, see EX- 
 ECUTORS AND ADMINISTRATORS, 25. 
 Of cotrustee, see TRUSTS, 28. 
 Embezzlement, see EMBEZZLEMENT. 
 
 Duty of obligee in fidelity bond to disclose 
 prior defalcation to sureties in absence 
 of inquiry in regard thereto. 12 L.R.A. 
 (N.S.) 247. 
 
 Liability of surety under fidelity bond for 
 
 defalcation subsequent to reappoint- 
 bllity of reverter on dedication of land ment of officer or employee before expi- 
 
 in which third persons have an interest. 1 ration of original term* or during an 
 L.R.A.(N.S.) 1026. indefinite term. 11 L.R.A. (N.S.) 493. 
 
 Begin with this ItooTt on every law question.
 
 INDEX TO L.R.A. NOTES. 397 
 
 DEFAMATION. DEFECTIVES. 
 
 LIBEL AND SLANDER. In general, see INCOMPETENT PERSONS. 
 
 Asexualization or sterilization of. 41 L.R.A. 
 (N.S.) 419; L.R.A.1918D, 236. 
 
 DEFAULT. 
 
 Oral promise to answer for default of an- 
 other, see CONTRACTS, 37. 
 
 Promise to answer for default of another 
 generally, see GUARANTY. 
 
 Of other party as ground for rescission of 
 contract generally, see CONTRACTS, 
 152. 
 
 As ground for rescission of contract of sale, 
 see SALE, 66. 
 
 Liability for default of coexecutor, see EX- 
 ECUTORS AND ADMINISTRATORS, 25. 
 
 Default in payment of interest, see INTER- 
 EST, 3. . 
 
 Judgment by, see JUDGMENT, 4, 28, 90, 
 91, 97. 
 
 Right of jury to assess damage on, see 
 JURY, 4. 
 
 In payment of mortgage, see MORTGAGE, 
 65. 
 
 Rights of conditional seller on default of 
 payment, see SALE, 49. 
 
 Of cotrustee, see TRUSTS, 28. 
 
 Effect of tender by vendee of purchase price 
 before due to put other party in de- 
 fault. 20 L.R.A.(N.S.) 338. 
 
 Injunction against collection of purchase 
 money where title to land is defective 
 and purchaser is in default. 7 L.R.A. 
 (N.S.) 459. 
 
 Right of purchaser to compel return of 
 advance payment on resale by vendor 
 after purchaser's default. 35 L.R.A. 
 (N.S.) 532. 
 
 Of principal as affecting commissions ol 
 real estate broker. 43 L.R.A. 593; 
 L.R.A.1915E, 714. 
 
 Effect of purchaser's default on real estate 
 broker's right to commissions. 44 
 L.R.A. 623. 
 
 DEFEASANCE. 
 
 Effect' of, against creditors of grantee of 
 failure to record defeasance. 5 L.R.A. 
 (N.S.) 387. 
 
 DEFECTIVE INSTRUMENTS. 
 
 Defective order or request for goods as sub- 
 ject of forgery. 32 L.R.A.(N.S.) 334. 
 
 DEFECTIVE MONEY. 
 
 Tender of, see TENDER, 4. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DEFECTIVE SIGHT. 
 
 See also BLIND. 
 
 Duty toward persons with defective eye- 
 sight as to condition of streets. L.R.A. 
 1917C, 126. 
 
 Care required from one of defective sight in 
 using street. 14 L.R.A. (N.S.) 648; 39 
 L.R.A.(N.S.) 1055. 
 
 Right to show nearsightedness on issue of 
 contributory negligence without allega- 
 tion thereof. L.R.A.1917D, 558. 
 
 Unknown bad eyesight of juror as ground 
 for new trial. 50 L.R.A.(N.S.) 977. 
 
 DEFECTS. 
 
 Inspection to discover, see DISCOVERY AND 
 
 INSPECTION, 6-9. 
 Liability for injury by defect in highway, 
 
 see HIGHWAYS, VI. 
 Landlord's liability for injury caused by, 
 
 see LANDLORD AND TENANT, IV, d. 
 Liability of master for injury by, see 
 
 MASTER AND SERVANT, II. 
 Liability of seller or manufacturer for in- 
 jury by defects in article sold, see 
 
 NEGLIGENCE, 15. 
 In personal property sold, see NEGLIGENCE, 
 
 15; SALE, 53-59. ' 
 Latent defects, see LATENT DEFECTS. 
 
 Grammatical defects in certificate of ac- 
 knowledgment. 11 L.R.A.(N.S.) 643. 
 
 What defects are covered by provision in 
 paving contract requiring contractor to 
 keep pavement in repair. 9 L.R.A. 
 (N.S.) 154; 49 L.R.A. (N.S.) 922. 
 
 Does warranty extend to obvious defects in 
 animal or slave. 12 L.R.A. (N.S.) 82. 
 
 Effect of provision in contract of sale that 
 claim for defects must be made within 
 certain time where defects are latent. 
 H L.R.A.(N.S.) 245. 
 
 Effect of setting up defects in article pur- 
 chased as counterclaim in action on one 
 of a series of notes given for, or for 
 an instalment of, the purchase price, 
 on right to set up a like counterclaim 
 in subsequent actions. 10 L.R.A. (N.S.) 
 734. 
 
 DEFENDANTS. 
 
 Parties defendants, see PARTIES, III. 
 
 In 
 
 civil 
 
 12-36. 
 
 DEFENSES. 
 action, see ACTION OB SuiT,2
 
 3!KS 
 
 IXDEX TO L.R.A. NOTES. 
 
 1)1. ! r.NSKS-contU 
 
 In criminal prosecution, see CRIMINAL LAW 
 
 5-25; HOMICIDE, 19-30. 
 Pi f-uiiiption and burden of proof as to, see 
 
 EVIDENCE, 20a, 
 Violation of Sumluy law as, see SUNDAY. 
 
 Interposition of unfounded defense in a civil 
 a'ction as basis of action for damages. 
 34 L.R.A.(N.S.) 1026. 
 
 To criminal or penal responsibility for 
 blocking street or highway railroad 
 crossing. L.R.A.1915B, 335* 
 
 Statutory limitation of time for relief 
 against tax deed as affecting right to 
 set up invalidity of tax title as defense. 
 46 L.R.A.(N.S.) 1065. 
 
 DEFERRED PAYMENTS. 
 
 Uury in interest on deferred payments of 
 i purchase money, see USURY, 7. 
 
 DEFICIENCY. 
 
 g 1. Generally. 
 
 On foreclosure of mortgage, see MORTGAGE, 
 
 84. 
 Abatement of purchase price of land for, see 
 
 VENDOR AND PURCHASES, 21. 
 
 Effect of provision that deficiency in assess- 
 ment mav be paid from reserve or 
 emergency fund. 10 L.R.A.(N.S.) 264. 
 
 General liability of municipality for de- 
 ficiency in assessments for local im- 
 provements. 32 L.R.A.(N.S.) 177. 
 
 Deficiency in quantity of property described 
 as a section or fraction thereof as 
 breach of covenant. 36 L.R.A.(N.S.) 
 558. 
 
 May vendor be required to make good de- 
 ficiency in tract sold out of other lands. 
 39 L.R.A.(N.S.) 785. 
 
 Liability of property redeemed by judgment 
 debtor or his grantee to safety de- 
 ficiency on indebtedness for which it 
 was originally sold. 47 L.R.A.(N.S.) 
 1048. 
 
 2. Judgment for. 
 
 On foreclosure of mortgage, see MORTGAGE, 
 84. 
 
 In proceedings to enforce mortgage for part 
 
 of debt. 37 L.R.A. 748. 
 Deficiency decree in action to foreclose 
 
 vendor's lien. 13 L.R.A.(N.S.) 874. 
 
 DEFILEMENT. 
 
 See also ABDUCTION; SEDUCTION. 
 
 Evidence of other crime in prosecution for 
 defiling young woman. 62 L.R_A. 281. 
 
 Evidence of specific instances of unchastity 
 of alleged victim in prosecution for 
 defiling female child. L.R.A.1916B, 967. 
 
 Beffin irith this book, on every laic question. 
 
 DEFIXITENESS. 
 
 Of charitable gift, see CHARITIES, 6-0. 
 Of contract, see CONTRACTS, 19-23. 
 As condition of specific performance, see 
 SPECIFIC PERFORMANCE, 23. 
 
 of social verdict. 24 L.R.A.(N.S.) 46. 
 
 Of acts regulating speed of automobiles. 
 L.R.A.1918D, 135. 
 
 Sutliciency of general allegations of negli- 
 gence as against motion to make more 
 definite. 59 L.R.A. 219. 
 
 DEFINITIONS. 
 
 44 
 
 Abandonment. 43 L.R.A. (N.S.) 261; 
 
 L.R.A.(N.S.) 1226. 
 
 Abstract of title. 43 L.R.A. (N.S.) 44. 
 Accident. 30 L.R.A. 206; L.R.A.1916A, 29, 
 
 227, 4.82; L.R.A.1917D, 103. 
 Accidental. 9 L.R.A. 685;* L.R.A. 1916A, 
 
 482; L.R.A. 1917D, 103. 
 Accidental means. 5 L.R.A. (N.S.) 657; 
 
 L.R.A.1915E, 127; L.R.A.1916B, 1021. 
 Accomplice. 39 L.R.A. (N.S.) 704. 
 Accord executory. 12 L.R.A.(N.S-) 1134. 
 Account stated. 27 L.R.A. 811. 
 Additions. 33 L.R.A. (N.S.) 156. 
 Adopted children. L.R.A.1916B, 907. 
 Adultery. 18 L.R.A. (N.S.) 580; L.R.A. 
 
 1915D, 438. 
 Adverse possession. 15 L.R.A. (N.S.) 1184; 
 
 35 L.R.A.(N.S.) 755. 
 After. 49 L.R.A. 200. 
 Aggrieved person. 25 L.R.A. (N.S.) 155. 
 Agricultural laborer. 19 L.R.A.(N.S.) 1039; 
 
 L.R.A.1917D, 382. 
 Alimony. 2 L.R.A.(N.S.) 232. 
 
 . 29 L.R.A. 542. 
 Assets. 5 L.R.A.(N.S.) 358. 
 Assignor. 13 L.R.A.(N.S.) 1260. 
 t. 43 L.R.A.(N.S.) 179. 
 At least. 49 L.R.A. 203. 
 Attendance. '18 L.R.A. (N.S.) 362. 
 Author. 1 B. R. C. 324. 
 Average earnings. L.R.A.1916A, 149, 373; 
 
 L.R.A.1917D, 175. 
 Beer. 25 L.R.A.(N.S.) 446; 48 L.R.A. 
 
 (N.S.) 308. 
 Before. 49 L.R.A. 201. 
 Between. 49 L.R.A. 202. 
 Beyond seas. 25 L.R.A.(N.S.) 25. 
 Bill of exchange. 35 L.R.A. 647. 
 Blasphemy. 22 L.R.A. 353. 
 Blood. 29 L.R.A. 544. 
 Bona fide purchasers. 31 L.R.A. 612. 
 Bottle washing works. L.R.A.1916A, 202. 
 Boundary. 25 L.R.A. (N.S.) 649. 
 Brothers and sisters. 29 L.R.A. 544. 
 Buildings. L.R.A.1916A, 196, 1099. 
 Burden of proof. 33 L.R.A.(N.S.) 1089. 
 Business. 14 L.R.A. 530. 
 Business establishment. 44 L.R.A. (N.S.) 
 
 1185. 
 
 Carrying weapon. 23 L.R.A.(N.S.) 173. 
 Cars. 20 L.R.A. (N.S.) 482. 
 Casual employee. L.R.A.1916A, 120, 247, 
 
 365; L.R.A.1917D, 147. 
 Charitable trusts. 14 L.R.A.(N.S.) 52.
 
 INDEX TO L.R.A. NOTES. 
 
 399 
 
 DEFINITIONS cont'd. 
 
 Charities. 14 L.R.A. (N.S.) 52. 
 
 Check. 26 L.R.A. 568. 
 
 Child. 27 L.R.A. (N.S.) 1158; 30 L.R.A. 
 
 (N.S.) 914; L.R.A.191SB, 123; L.R.A. 
 
 1918F, 1082. 
 Church. 22 L.R.A. (N.S.) 195; 43 L.R.A. 
 
 (N.S.) 1142. 
 
 Citizens. 43 L.R.A.(N.S.) 294. 
 Claims. 2 L.R.A. (N.S.) 1013. 
 Clerk. 52 L.R.A. 571. 
 Colored person. 31 L.R.A. (N.S.) 180. 
 Color of title. 15 L.R.A. (N.S.) 1215; 27 
 
 L.R.A.(N.S.) 340. 
 Commerce. 60 L.R.A. 642. 
 Competing railroads. 45 L.R.A. 274. 
 Compulsory pilotage. 39 L.R.A. 177. 
 Concealment. 23 L.R.A. (N.S.) 175. 
 Consolidation. 52 L.R.A. 369. 
 Construction. L.R.A.1916A, 197. 
 Consultation. 18 L.R.A. (N.S.) 362. 
 Contingent claims. 58 L.R.A. 83. 
 Contributory negligence. 13 L.R.A. (N.S.) 
 
 1260. 
 Convert to his own use. 42 L.R.A. (N.S.) 
 
 601. 
 
 Conveyance. 67 L.R.A. 461. 
 Corpus delicti. 28 L.R.A. (N.S.) 536; L.R.A 
 
 1916B, 846. 
 
 Coughing blood. 23 L.R.A. (N.S.) 917. 
 Court. 56 L.R.A. 531. 
 Credits. 29 L.R.A. (N.S.) 60; 38 L.R.A. 
 
 (N.S.) 137. 
 
 Crossings. L.R.A.1918D, 143. 
 Cruelty. 43 L.R.A. (N.S.) 260. 
 Currency. 31 L.R.A. (N.S.) 240. 
 Current funds. 31 L.R.A. (N.S.) 240. 
 Cyclone. 8 L.R.A. (N.S.) 308. 
 Cyclone insurance. 8 L.R.A.(N.S.) 308. 
 Cy pres. 14 L.R.A.(N.S.) 59. 
 Damage. 7 L.R.A. (N.S.) 108; L.R.A.1915A, 
 
 382. 
 
 Dangerous agency. 10 L.R.A. (N.S.) 372. 
 Deadly weapon. '21 L.R.A.(N.S.) 497. 
 Dealing. 14 L.R.A. 529. 
 Debt. 34 L.R.A. 636; L.R.A.1915B, 646; 
 
 L.R.A.1917E/437. 
 Defects. 13 L.R.A. (N.S.) 1246. 
 Del credere agency. L.R.A.1916E, 1211. 
 Demonstrative legacies. 11 L.R.A. (N.S.) 
 
 61. 
 
 Dependent. 2 L.R.A. (N.S.) 653; 37 L.R.A. 
 (N.S.) 1191; 51 L.R.A.(N.S.) 726; 
 
 L.R.A.1916A, 121, 128, 248; L.R.A. j 
 
 191 6B, 906; L.R.A.1917D, 157; L.R.A. 
 
 1918F, 483. 
 
 Depot grounds. 7 L.R.A. (N.S.) 203. 
 Depreciation. 52 L.R.A. (N.S.) 18. 
 Desertion. 29 L.R.A. (N.S.) 614; 43 L.R.A. 
 
 (N.S.) 261. 
 
 Deviation. 2 B. R. C. 588. 
 Disability. 23 L.R.A. (N.S.) 352; L.R.A. 
 
 1917B, 108. 
 
 Disposing of. 45 L.R.A. (N.S.) 960. 
 Disturbance of public peace. 32 L.R.A. 
 
 (N.S.) 505. 
 Doing business. 24 L.R.A. 295; 57 L.R.A. 
 
 88; 10 L.R.A. (N.S.) 693. 
 Dollars. 31 L.R.A.(N.S.) 241. 
 Drugs. 26 L.R.A.(N.S.) 1013. 
 Dues. 15 L.R.A. 513. 
 Consult also L.R.A. Digests of Cases. 
 
 DEFINITIONS cont'd. 
 
 Dwelling house. 21 L.R.A. (N.S.) 349; 45 
 
 L.R.A.(N.S.) 729; L.R.A.1916A, 1100; 
 
 L.R.A.1918C, 873. 
 Dwellings. ]1 L.R.A. (N.S.) 613. 
 Effects. 32 L.R.A. (N.S.) 661. 
 Elections. 18 L.R.A. (N.S.) 412. 
 Elector. 43 L.R.A. (N.S.) 294. 
 Elements. 53 L.R.A. 673. 
 Emergency. 52 L.R.A. (N.S.) 676. 
 Employed. 28 L.R.A. (N.S.) 371. 
 Employee. L.R.A.1916A, 246; L.R.A.1917D, 
 
 145. 
 Employers. L.R.A.1916A, 113, 245; L.R.A. 
 
 1917D, 143. 
 
 Engineering work. L.R.A. 1916A, 208. 
 Enticement. 5 L.R.A. (N.S.) 1094. 
 Exceptions. 7 L.R.A. (N.S.) 792. 
 Executory accord. 12 L.R.A. (N.S.) 1134. 
 Expenses. 2 L.R.A. (N.S.) 1013. 
 Extra hazardous employments. L.R.A. 
 
 1917D, 152. 
 
 Factory. L.R.A.1916A, 200. 
 False representations. 18 L.R.A. (N.S.) 
 
 1109. 
 Family. 6 L.R.A. 813;* 3 L.R.A.(N.S.) 
 
 334; 4 L.R.A.(N.S.) 366; L.R.A.1917C, 
 
 361. 
 Family expenses. 21 L.R.A. (N.S.) 277; 
 
 L.R.A.1917F, 861. 
 Farm laborer. 19 L.R.A. (N.S.) 1039; 
 
 L.R.A.1917D, 382. 
 
 Female relatives. 4 L.R.A. (N.S.) 167. 
 Ferry. 59 L.R.A. 513; L.R.A.1916D, 832. 
 Fixtures. 34 L.R.A. (N.S.) 218. 
 Fixtures and erections. L.R.A. 1916A, 1099. 
 Food. L.R.A.1916B, 788. 
 Franchises. 57 L.R.A. 35. 
 Free. 3 L.R.A. (N.S.) 461. 
 
 From. 49 L.R.A. 200. 
 Furnishing. 45 L.R.A. (N.S.) 959. 
 General legacy. 11 L.R.A. (N.S.) 51. 
 Geographical name. 26 L.R.A.(N.S.) 73. 
 Gift. 6 L.R.A. 403;* 39 L.R.A. (N.S.) 198. 
 Giving. 45 L.R.A. (N.S.) 958. 
 Going value. 48 L.R.A. (N.<=U 1093. 
 Good behavior. L.R.A.1918D, 697. 
 Goods. 2 L.R.A. (N.S.) 338: 19 L.R.A. 
 
 (N.S.) 874; 51 L.R.A. (N.S.) 398. 
 Gooc 1 . will. 48 L.R.A.(N.S.) 1146.. 
 Grade. L.R.A.1916A, 150. 
 Habitual drunkard. 6 L.R.A. (N.S.) 914; 40 
 
 L.R.A. (N.S.) 655. 
 Harborer. 17 L.R.A. (N.S.) 431; L.R.A. 
 
 1917E, 520. 
 
 Hawker, see PEDDLERS. 
 Hazard. 38 L.R.A. (N.S.) 478; 22 L.R.A. 
 
 (N.S.) 969; 47 L.R.A. (N.S.) 113. 
 Hazardous occupation. L.R.A.1917D, 152. 
 Head of family. 51 L.R.A. (N.S.) 1121. 
 Heirs. 5 L.R.A. 122;* 8 L.R.A. 732,* 747;* 
 
 12 L.R.A. 721;* 13 L.R.A. 46;* 30 
 
 L.R.A. 593; 3 L.R.A. (N.S.) 904; 27 
 
 L.R.A. (N.S.) 1158; 29 L.R.A.(N.S.) 
 
 970; 30 L.R.A.(N.S.) 593; L.R.A. 
 ' 1918B, 123. 
 
 Highways. L.R.A.1918D, 144. 
 Hotel. 20 L.R.A.(N.S.) 107. 
 Husband. 33 L.R.A. (N.S.) 816. 
 Hypnotism. 40 L.R.A. 269. 
 111. L.R.A.1918B, 643. 
 Immediately. 38 L.R.A. 538.
 
 400 
 
 INDEX TO L.R.A. NOTES. 
 
 DEFINITIONS cont'd. 
 Impressions. 35 L.R.A. (N.S.) 991. 
 Improvement. 20 L.R.A. (N.S.) 378. 
 In. 37 L.R.A. (N.S.) 620. 
 Indebtedness. L.R.A.1917E, 437. 
 Independent contractors. 65 L.R.A. 447; 
 
 L.R.A.1917D, 149. 
 Indignity. 43 L.K.A.i \.S.) 260. 
 Infamous crime. 17 L.R.A. 764. 
 Injury. 15 L.R.A. (N.S.) 55. 
 Injury by accident. L.R.A.1916A, 29, 227; 
 
 L.R.A.1917D, 103. 
 Insane. 17 L.K.A.(N.S.) 260. 
 Insane delusions. 37 L.R.A. 261; 27 L.R.A. 
 
 (N.S.) 62. 
 
 Intaimihle value. 48 L.R.A.(N.S.) 1039. 
 Intoxicating liquors. 6 L.R.A. (N.S.) 186; 
 
 7 L.R.A.(N.S.) 195. 
 Iron mill. L.R.A.1916A, 201. 
 Issue. 4 L.R.A. 117;* 11 L.R.A. 305;* 27 
 
 L.R.A.(N.S.) 1158; 30 L.R.A. (N.S.) 
 
 914; L.R.A.1918B, 123; L.R.A.1918F, 
 
 1082. 
 
 Junk dealer. 24 L.R.A.(N.S.) 1170. 
 Junk shop. 24 L.R.A.(N.6.) 1170. 
 Jury. 43 L.R.A. 48. 
 Jurv trial. 43 L.R.A. 48. 
 Keeper. 17 L.R.A.(N.S.) 431; L.R.A. 
 
 1917E, 520. 
 Kidnapping. 32 L.R.A.(N.S.) 845; L.R.A. 
 
 1915B, 189. 
 Labor. 43 L.R.A.(N.S.) 162; L.R.A.1915F, 
 
 951. 
 Laborers. 18 L.R.A. 305; 30 L.R.A.(N.S.) 
 
 85. 
 
 Last sickness. 13 L.R.A.(N.S.) 1092. 
 Legal heirs. 3 L.R.A. (N.S.) 904. 
 Legal representatives. 30 L.R.A. 609; 32 
 
 L.RSMN.S.) 247. 
 
 Legal voters. 43 L.R.A. (N.S.) 294. 
 
 Lend. L.R.A.1915D, 496. 
 
 Liability. L.R.A.1917E, 437. 
 
 Limitation. 29 L.R.A. (N.S.) 970. 
 
 Line of tunnel. 53 L.R.A. 796. 
 
 lx>an. L.R.A.1915D, 496. 
 
 Location. 7 L.R.A.(N.S.) 765. 
 
 Lode. 7 L.R.A.(N.S.) 821. 
 
 Lottery. 13 L.R.A.(N.S.) 1096. 
 
 Machinery. 57 L.R.A. 821. 
 
 Machinery of every description. 30 L.R.A 
 
 (N.S.) 36. 
 
 "Mailing." 49 L.R.A. (N.S.) 462. 
 Male heirs. 29 L.R.A. (N.S.) 970. 
 Malice. 2 L.R.A. 130;* 11 L.R.A. 546;* 19 
 
 L.R.A.(N.S.) 273. 
 Malice aforethought. 38 L.R.A. (N.S.) 
 
 1054. 
 
 Managing agent. 4 L.R.A. (N.S.) 460. 
 Manufacture. 64 L.R.A. 34. 
 Manufacturers. 14 L.R.A. 107. 
 Manufacturing establishment. 44 L.R.A. 
 
 (N.S.) 1186. 
 Marketable title. 4 L.R.A.(N.S.) 1170; 38 
 
 L.R.A.(N.S.) 4. 
 Martial law. 65 L.R.A. 193; 45 L.R.A. 
 
 (N.S.) 999. 
 
 Materials. 43 L.R.A.(N.S.) 162. 
 May. 6 L.R.A. 162;* 5 L.R.A.(N.S.) 340. 
 
 DEFINITIONS cont'd. 
 
 .Mercantile institution. 44 L.R.A.(N.S.) 
 
 1185. 
 Merchandise. 2 L.R.A. (N.S.) 338; 45- 
 
 L.R.A.(N.S.) 495. 
 Mine. L.R.A.1916A, 209. 
 Mineral. 7 L.R.A. (N.S.) 805. 
 Mining claim. 7 L.R.A. (N.S.) 765. 
 Misfeasance. 12 L.R.A. (N.S.) 926. 
 Mistake of law. 28 L.R.A.(N.S.) 792. 
 Mob. 10 L.R.A.(N.S.) 925. 
 Moneyed capital. 45 L.R.A. 745. 
 Money in hand. 26 L.R.A. (N.S.) 414. 
 Mulatto. 31 L.R.A.(N.S.) 180; L.R.A. 
 
 1915A, 828. 
 
 Natural heirs. 45 L.R.A. (N.S.) 1163. 
 Nearest of kin. 28 L.R.A. (N.S.) 482. 
 Nearest relations. 28 L.R.A. (N.S.) 482. 
 Near relations. 28 L.R.A. (N.S.) 482. 
 Necessaries. L.R.A.1917F, 861. 
 Necessity. 5 L.R.A. (N.S.) 320; 22 L.R.A. 
 
 (N.S.) 58; L.R.A.1917B, 99. 
 Neglect of duty. 43 L.R.A. (N.S.) 260. 
 Negro. 31 L.R.A.(N.S.) 180; L.R.A.1915A. 
 
 828. 
 
 Nephews. 47 L.R.A. (N.S.) 533. 
 Net earnings. 52 L.R.A. (N.S.) 16. 
 Next of kin. 28 L.R.A.(N.S.) 479; L.R.A. 
 
 1916B, 907. 
 
 Nieces. 47 L.R.A. (N.S.) 533. 
 Nonfeasance. 12 L.R.A. (N.S.) 929. 
 Novation. 10 L.R.A. 369; 36 L.R.A.(N.S.) 
 
 464. 
 
 Occupied. 2 L.R.A.(N.S.) 517. 
 Office. 17 L.R.A. 243. 
 Officer. 13 L.R.A. 177;* 17 L.R.A. 243. 
 On. 37 L.R.A. (N.S.) 620. 
 On or in or about. L.R.A.1916A, 193. 
 Opinions. 35 L.RA.(N.S.) 991. 
 Option. 21 L.R.A. 128. 
 Orchard. L.R.A.1916A, 1104. 
 Orphans. L.R.A.1916B, 907. 
 Original package. 60 L.R.A. 664 ; 39 L.R.A. 
 
 (N.S.) 1051. 
 
 Out of the state. 25 L.R.A.(N.S.) 25. 
 Party to be charged. 28 L.R.A.(N.S.) 689; 
 
 43 L.R.A. (N.S.) 410. 
 
 being transported. 4 L.R.A. 
 
 (N.S.) 254. 
 Passengers. 26 L.R.A. 132. 
 Paved street. L.R.A.1918D, 143. 
 Paving. L.R.A.1918D, 143. 
 Peddlers. 8 L.R.A. 273;* L.R.A.1916B, 1293. 
 Pending. 68 L.R.A. 261. 
 Person aggrieved. 25 L.R.A.(N.S.) 155. 
 Personal injury. L.R.A.1917D, 103. 
 Persons. 19 L.R.A. 222 ; 2 B. R. C. 243. 
 Persons of color. 31 L.R.A. (N.S.) 180? 
 
 L.R.A.1915A, 828. 
 Per week. 38 L.R.A. 539. 
 Place of abode. 21 L.R.A. (N.S.) 344. 
 Plant. 57 L.R.A. 821. 
 Poisons. 26 L.R.A. (N.S.) 1013; 30 L.R.A, 
 
 (N.S.) 520. 
 
 Poll taxes. 29 L.R.A. 404. 
 Privity of estate. 66 L.R.A. 681. 
 Procuring. 45 L.R.A.(N.S.) 959. 
 
 Mechanics. 30 L,R.A.(N.S.) 85; 44 L.R.A, I Profanity. 22 L.R.A. 353. 
 
 (N.S.) 151. 
 
 Medicine. 26 L.R.A.(N.S.) 1013. 
 Member of family. L.R.A.1916B, 905. 
 
 Begin with this "book on every law question. 
 
 Profession. L.R.A.1915F, 916. 
 Property. 29 L.R.A. (N.S.) 60. 
 Provisions. L.R.A.1916B, 788.
 
 INDEX TO L.R.A. NOTES. 
 
 401 
 
 DEFINITIONS cont'd. 
 
 Public accommodation. 9 L.R.A. (N.S.) 60]. 
 
 Publication. 13 L.R.A. 419;* 51 L.R.A. 
 
 375; 43 L.R.A.(N.S.) 641. 
 Public conveyance. 37 L.R.A. (N.S.) 619; 
 
 L.R.A.1915C, 456. 
 
 Public highway. L.R.A.1918D, 144. 
 Public purpose. 49 L.R.A. 783. 
 Public road or highway. L.R.A. 1918D, 144. 
 Public use. 22 L.R.A. (N.S.) 35. 
 Public utilities. 31 L.R.A. (N.S.) 556. 
 Pupils. 43 L.R.A. (N.S.) 172. 
 Purchase. 29 L.R.A. (N.S.) 970. 
 Railroad hazard. 18 L.R.A. (N.S.) 478; 
 
 22 L.R.A.(N.S.) 969; 45 L.R.A.(N.S.) 
 
 840. 
 Railroads. 15 L.R.A. (N.S.) 479; 17 L.R.A. 
 
 (N.S.) 117; L.R.A.1916A, 200. 
 Ratification. 10 L.R.A. (N.S.) 937; L.R.A. 
 
 1915A, 1024. 
 
 Residence. L.R.A.1918C, 873. 
 Reasonable cause. 52 L.R.A. (N.S.) 749. 
 Reasonable diligence. 20 L.R.A. (N.S.) 581. 
 Reasonable doubt. 17 L.R.A. 705; 39 
 
 L.R.A. 745. 
 Relative. 14 L.R.A. 342; 4 L.R.A.(N.S.) 
 
 167; L.R.A.1916B, 907. 
 Remuneration. L.R.A. 1916A, 121. 
 Repair. L.R.A.1916A, 197. . 
 Representations. 18 L.R.A. (N.S.) 1110. 
 Reservations. 7 L.R.A. (N.S.) 792. 
 Residence. 19 L.R.A. (N.S.) 759; 21 L.R.A. 
 
 (N.S.) 344. 
 
 Resident. 43 L.R.A. (N.S.) 272. 
 Residue. 44 L.R.A. (N.S.) 805. 
 Restaurant. 17 L.R.A. (N.S.) 566. 
 Retail. 32 L.R.A. (N.S.) 622; L.R.A.1915B. 
 
 389. 
 Return. 23 L.R.A. (N.S.) 547; 25 L.R.A. 
 
 (N.S.) 24. 
 
 Riot. 10 L.R.A. (N.S.) 925. 
 Riparian land. 11 L.R.A. (N.S.) 1062. 
 Rural lands. 27 L.R.A. (N.S.) 697. 
 Sale. 26 L.R.A. (N.S.) 5. 
 Sale of intoxicating liquor. 8 L.R.A. (N.S.) 
 
 937; 25 L.R.A. (N.S.) 943; 52 L.R.A. 
 
 (N.S.) 722; L.R.A.1915C, 648. 
 Same. 17 L.R.A. (N.S.) 260. 
 Satisfactory title. 18 L.R.A. (N.S.) 741. 
 Scaffolding. L.R.A.1916A, 198. 
 Scaffolds. 30 L.R.A. (N.S.) 30. 
 School. 22 L.R.A. (N.S.) 194; 43 L.R.A. 
 
 (N.S.) 1142. 
 
 School children. 43 L.R.A. (N.S.) 172. 
 Sellers. 30 L.R.A.(N.S.) 521. 
 "Sending." 49 L.R.A. (N.S.) 463. 
 Separable controversy. 5 L.R.A. (N.S.) 58. 
 Serious or wilful misconduct. L.R.A.1916A, 
 
 75, 243, 355; L.R.A.1917D, 133. 
 Ship building yards, L.R.A.1916A, 202. 
 Shop. 44 L.R.A.(N.S.) 1186. 
 Shore. 45 L.R.A. 242. 
 Sick. L.R.A.1918B, 643. 
 Sickness. L.R.A.1918B, 643. 
 Sisters. 29 L.R.A. 544. 
 Special verdict. 24 L.R.A. (N.S.) 2. 
 Specific legacy. 11 L.R.A.(N.S.) 55. 
 Spitting blood. 23 L.R.A. (N.S.) 917. 
 Structures. 30 L.R.A. (N.S.) 33. 
 Suicide. 17 L.R.A. (N.S.) 260. 
 Surface. 68 L.R.A. 679. 
 Consult also L.R.A. Digests of Cases. 26 
 
 37. 
 
 308. 
 L.R.A., 
 
 DEFINITIONS cont'd. 
 
 Switching service. L.R.A. 1916D, 455. 
 
 Taking. 18 L.R.A. 166; 68 L.R.A. 699; 15 
 
 L.R.A. (N.S.) 49. 
 Tavern. 20 L.R.A. (N.S.) 107. 
 Telegraph. 42 L.R.A. (N.S.) 237. 
 Tenancy by the entireties. 30 L.R.A. 306. 
 Term. 56 L.R.A. 531. 
 Testamentary capacity. 27 L.R.A. (N.S.) 1; 
 
 L.R.A.1915A, 444. 
 Things. L.R.A.1918A, 222. 
 Through contract. 31 L.R.A. (N.S.) 
 Tornado. 8 L.R.A. (N.S.) 308. 
 Tornado insurance. 8 L.R.A. (N.S.) 
 Total disability. 38 L.R.A. 529; 
 
 1917B, 108. 
 
 Total loss. L.R.A.1917D, 167. 
 Trade. L.R.A.1915F, 916. 
 Traveler. 13 L.R.A.(N.S.) 1242. 
 Traveling by public conveyance. 37 L.R.A. 
 
 (N.S.) 619. 
 Treating. 19 L.R.A.(N.S.) 733; 49 L.R.A. 
 
 (N.S.) 889. 
 
 Unbroken package. 39 L.R.A. (N.S.) 1051. 
 Undertakers. L.R.A.1916A, 209. 
 Unmarried. 15 L.R.A. 292. 
 Unoccupied. 2 L.R.A. (N.S.) 517. 
 Until. 49 L.R.A. 202. 
 Urban lands. 27 L.R.A.(N.S.) 697. 
 Usual place of abode. 21 L.R.A. (N.S.) 344, 
 Vacant. 2 L.R.A. (N.S.) 517. 
 Vein. 7 L.R.A. (N.S.) 821. 
 Volcnti non fit injuria. 47 L.R.A. 162. 
 Volunteers. 43 L.R.A. (N.S.) 179, 187; 
 
 L.R.A.1915F, 1125. 
 Warehouse. L.R.A.1916A, 206; L.R.A. 
 
 1917D, 156. 
 
 Wares. 2 L.R.A. (N.S.) 338. 
 Water course. 25 L.R.A. 527; 1 L.R.A. 
 
 (N.S.) 756. 
 
 Waterproof. L.R.A.1918B, 826. 
 Ways. 57 L.R.A. 820; L.R.A.1915F, 1036. 
 Weapons. 34 L.R.A. (N.S.) 1174. 
 Wharf. L.R.A.1916A. 203. 
 Widow. 33 L.R.A. (N.S.) 816. 
 Wife. 33 L.R.A. (N.S.) 816. 
 Wilful act. L.R.A.1916A, 224; L.R.A.1917D, 
 
 133. 
 Withdrawal. 35 L.R.A. 289; 49 L.R.A. 
 
 (N.S.) 1130. 
 Within. 49 L.R.A. 202. 
 Without having been married. 15 L.R.A. 
 
 292. 
 Workmen. 30 L.R.A. (N.S.) 85; L.R.A. 
 
 1916A, 112, 115, 246. 
 Work of necessity. '5 L.R.A. (N.S.) 320: 
 
 L.R.A.1917B, 99. 
 
 Works. 57 L.R.A. 820; L.R.A.1915F, 1036 
 Workshop. 44 L.R.A.(N.S.) 1186; L.R.A. 
 1917D, 156. 
 
 DEFLECTION. 
 
 Of water, see WATERS, 53. 
 
 As 
 
 ground 
 282. 
 
 DEGENERACY. 
 
 for divorce. 51 L.R.A. (N.S.)
 
 402 
 
 See HOMICIDE, 31-34. 
 
 INDEX TO L.R.A. NOTES. 
 
 DEGREES OF INSANITY. 
 
 Of insanity of insured. 35 L.R.A. 259. 
 Degree of insanity induced by intoxication 
 
 which will excuse crime. 
 480. 
 
 36 L.R.A. 
 
 DEGREES OF KINSHIP. 
 
 See NEXT OF KIN. 
 
 DE JURE OFFICE. 
 
 See OFFICEBS, 37, 43, 44. 
 
 DELAY. 
 
 In presenting commercial paper for pay- 
 ment, see BILLS AND NOTES, 52, 53; 
 CHECKS, 11. 
 
 Of carrier in transportation of goods, see 
 CARRIERS, 121. 
 
 In unloading cars, see CARRIERS, 141. 
 
 As ground for discharge of accused, see 
 CRIMINAL LAW, 45. 
 
 Estoppel by, see ESTOPPEL, 18-26. 
 
 In serving notice and proofs of loss, see 
 INSURANCE, 146. 
 
 Bar of action by, see LIMITATION OF AC- 
 TIONS, 6-12. 
 
 Penalty for delay in payment, see PAY- 
 MENT, 3. 
 
 In recording instrument, see RECORDS AND 
 RECORDING LAWS, 23. 
 
 In probating will, effect, see WILLS, 51. 
 
 In giving notice required by policy insur- 
 ing against liability for personal in- 
 juries to third person. L.R.A.1918E, 
 114. 
 
 Delay in giving notice of claim under em- 
 ployer's indemnity policy. 38 L.R.A. 
 (NiS.) 62; 47 *L.R.A.*(N.S.) 1214; 
 L.R.A. 1918D, 445. 
 
 Delay by purchaser in securing substitute 
 as affecting his damages for vendor'b 
 
 failure to 
 192. 
 
 deliver. 32 L.R.A.(N.S.) 
 
 Effect of delay on privilege of suitor or wit- 
 
 ness from service of process. 
 191 7B, 252. 
 
 L.R.A. 
 
 In procuring order for publication of sum- 
 mons after making of affidavit. 47 
 L.R.A.(N.S.) 499. 
 
 Who is entitled to penalties for delay in 
 paying improvement assessments. 47 
 L.R.A.(N.S.) 704. 
 
 Damages recoverable for delaying person 
 by blocking railroad crossing. 44 
 L.R.A.(N.S.) 1069; L.R.A.1915E, 336. 
 
 DELAY cont'd. 
 
 Right of public service corporation to im- 
 pose penalty or added amount for fail- 
 ure to pay service bills promptly. 31 
 L.R.A.(N.S.) 329; 43 L.R.A.(N.S.) 63. 
 
 Liability to passenger for delay in running 
 railroad train. 49 L.R.A'.(>,.S.) 429. 
 
 Effect of failure to apply for paid-up in- 
 surance within time stipulated. 51 
 L.R.A.(N.S.) 1044. 
 
 Effect of delay in passing on application 
 for insurance. 36 L.R.A. (N.S.) 1211; 
 51 L.R.A.(N.S.) 873. 
 
 Liability of insurance company for negligent 
 delay in passing upon or issuing policy 
 until after loss. 40 L.R.A. (N.S.) 164. 
 
 Delay in paying instalments as excusing 
 building contractor's delay in complet- 
 ing contract. 35 L.R.A. (N.S.) 1223. 
 
 As ground for admitting to hail in capital 
 case. 39 L.R.A. (N.S.) 708. 
 
 Delay in attempting to regain property ob- 
 tained under agreement to pay therefor 
 on delivery as waiver of that condition. 
 L.R.A.1915D, 355. 
 
 What constitutes unreasonable delay of 
 lessee to develop premises under mining 
 lease reserving a royalty on product 
 but containing no provision for pay- 
 ment of minimum royalties or forfeiture 
 for delay. L.R.A.1915B, 565. 
 
 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 delay rental. L.R.A. 
 1917A, 178. 
 
 Measure of damages for delay in delivery of 
 goods purchased as affected by price at 
 which they were resold. 7 B. R. C. 331. 
 
 DEL CREDERE AGENCY. 
 
 Distinction between del credere agency and 
 contract of sale or return. L.R.A.1916E, 
 1209; L.R.A.1917B, 651. 
 
 Liability of del credere agent for nonper- 
 
 formance of contract by buyer. 
 R. C. 943. 
 
 6 B 
 
 DELEGATION. 
 
 Of power, see DELEGATION OF POW/KH. 
 Of master's duty, see MASTER AND SERVANT, 
 163-169a. 
 
 Right of debtor to delegate to another the 
 right to select exempt property. 30 
 L.R.A.(N.S.) 982. 
 
 Of municipal duty as to defects or obstruc- 
 tions in street. 20 L.R.A. (N.S.) 538. 
 
 DELEGATION OF AUTHORITY. 
 
 Power of real estate broker to delegate au- 
 
 Begin ivith this booJc on every law question. 
 
 thority. 43 L.R.A.(N.S.) 796.
 
 INDEX TO L.R.A. NOTES. 
 
 403 
 
 DELEGATION OF POWER. 
 
 In general, see CONSTITUTIONAL LAW, 11- 
 17: MUNICIPAL CORPORATIONS, 18; 
 TAXES, 5. 
 
 By municipality, see MUNICIPAL CORPORA- 
 TIONS, 18. 
 
 As to taxation, see TAXES, 5. 
 
 Delegation of power to exercise power of 
 appointment. 64 L.R.A. 910. 
 
 DELIBERATION. 
 
 As element of homicide, see HOMICIDE, 6. 
 
 DELINQUENT CHILDREN. 
 
 Validity of statute establishing juvenile 
 courts, see JUVENILE COURTS. 
 
 DELIRIUM. 
 
 As affecting testamentary capacity. 27 
 L.R.A.(N.S.) 90; L.R.A.1915A, 458. 
 
 Liability under accident policy for death 
 during delirium. 46 L.R.A.(N.S.) 543. 
 
 4 
 
 DELIVERY. 
 
 Of commercial paper, see BILLS AND NOTES, 
 17. 
 
 Of goods to carrier, see CARRIERS, 112. 
 
 Of goods by carrier, see CARRIERS, 113- 
 121. 
 
 Of chattel mortgage, see CHATTEL MORTGAGE, 
 3. 
 
 Of deed, see DEEDS, 6-8. 
 
 Of gift, see GIFT, 13, 14. 
 
 Of articles sold in instalments, see INSTAL- 
 MENTS, 2. 
 
 Of insurance policy, see INSURANCE, 38. 
 
 Of pledged property, see PLEDGE AND COL- 
 LATERAL SECURITY, 5. 
 
 Record as, see RECORDS AND RECORDING 
 LAWS, 25. 
 
 Of goods sold, see SALE, 10-12, 14. 
 
 Necessity of, to entitle third party to sue 
 on contract for his benefit. 25 L.R.A. 
 265. 
 
 What constitutes delivery by baggage trans- 
 fer company. L.R.A.1916D, 1203. 
 
 DELUSIONS. 
 
 See CRIMINAL LAW, 8, 9; INCOMPETENT 
 
 PERSONS, 3: WILLS, 10. 
 Consult also L.R.A. Digests of Cases. 
 
 DEMAND. 
 
 1. Generally. 
 
 As condition precedent to actions, see AC- 
 TION OR SUIT, 9. 
 
 As a condition of trover, see TROVER, 7. 
 
 For possession of leased premises, see LAND- 
 LORD AND TENANT, 94. 
 
 Necessity of, to set statute of limitations 
 running, see LIMITATION OP ACTIONS, 
 21, 26, 32. 
 
 Making time of essence of contract by. 15 
 L.R.A. 737. 
 
 Banking customs as to. 21 L.R.A. 441. 
 
 As a condition of mandamus to compel sur- 
 render of office. 31 L.R.A. 348. 
 
 Before sale of property by pledgee. 43 
 L.R.A. 750. 
 
 Necessity of demand on covenantor to de- 
 fend, to bind him by decree against 
 grantee. 13 L.R.A. (N.S.) 732. 
 
 As a condition of right to reformation be- 
 cause of mistake of law as to effect of 
 instrument. 28 L.R.A.(N.S.) 913. 
 
 Denial of, on information and belief. 30 
 L.R.A. (N.S.) 778. 
 
 As condition precedent to equitable remedies 
 of creditors. 23 L.R.A. (N.S.) 66. 
 
 For return of deposit at auction as a con- 
 dition of recovering interest. 35 L.R.A. 
 (N.S.) 481. 
 
 When does statute of limitations begin to 
 run against an action on a contract 
 payable on demand. 32 L.R.A. (N.S.) 
 486. 
 
 Necessity of demand by vendee for abstract 
 of title. 43 L.R.A. (N.S.) 48. 
 
 Demand for support as necessary to relief 
 of grantor in conveyance in considera- 
 tion of agreement to support, which is 
 broken by grantee. 43 L.R.A. (N.S.) 
 927. 
 
 Failure to comply with surety's demand to 
 proceed in the enforcement of the obli- 
 gation. L.R.A.1918C, 10. 
 
 2. For payment. 
 
 As condition of holding drawer or indorser 
 of negotiable paper, see BILLS AND 
 NOTES, 43-53. 
 
 Subsequent promise to pay by indorser as 
 admission of. 29 L.R.A. 307. 
 
 Of payment of alimony as condition of con- 
 tempt proceedings. 24 L.R.A. 437. 
 
 Necessity of demand by lessor upon lessee 
 for payment of taxes before taking ad- 
 vantage of covenant in lease to pay 
 taxes and assessments. L.R.A. 1915A, 
 354. 
 
 As condition of right to interest during re- 
 ceivership on claims accruing prior to 
 appointment of receiver. L.R.A.1917D, 
 1168. 
 
 Sufficiency of a demand as winner to sup- 
 port an action for the demander's stake 
 against stakeholder of funds to be held 
 in connection with an illegal trans- 
 action. L.R.A.1918F, 975. 
 
 3. Of cotenant. 
 
 For repairs as a condition of liability of co- 
 tenants. 29 L.R.A. 459. 
 
 On cotenant for rents and" profits. 28 L.R.A. 
 850.
 
 404 
 
 INDEX TO L.R.A. NOTES. 
 
 DEMAND NOTES. 
 
 Maturity of, see BILLS AND NOTES, 55. 
 
 DEMENTIA. 
 
 AB affecting testamentary capacity. L.R.A. 
 1915A, 458. 
 
 DE MINIMUS. 
 
 Power of courts to decline jurisdiction of 
 suit because of insignficance of amount 
 involved. 6 B. R. C. 342. 
 
 *-- 
 
 DEMONSTRATIVE EVIDENCE. 
 
 See EVIDENCE, VI. 
 
 DEMONSTRATIVE LEGACIES. 
 
 See WILLS, 122, 127, 128. 
 
 DEMURRAGE. 
 
 In general, see CARRIERS, 141. 
 Provision as to, in charter party see SHIP- 
 PING, 18. 
 
 DEMURRER. 
 
 In general, see PLEADING, 41. 
 
 DEMAND cont'd. 
 
 4. Insurance matters. 
 
 For paid-up policy. 15 L.R.A. 449. 
 
 For assessment on members of mutual fire | 
 
 insurance company. 32 L.R.A. 502. | 
 Sufficiency of demand that insured submit 
 
 to examination. 52 L.R.A. 425. 
 
 g 5. Corporate matters. 
 
 By stockholder for inspection of corporate 
 books. 20 L.R.A. (N.S.) 199. 
 
 When demand on stockholder for unpaid 
 balance of stock subscription should be 
 made. 1 L.R.A.(N.S.) 915. 
 
 g 6. Criminal matters. 
 
 Necessity of, before entering dwelling to 
 make arrest. 16 L.R.A. 502. 
 
 Mere demand that accused produce incrim- 
 inating document as violation of his 
 privilege. 35 L.R.A. (N.S.) 1171. 
 
 Failure to demand trial as waiver of right 
 to speedy trial in criminal case. 56 
 L.R.A. 538; 44 L.R.A.(N.S.) 871. 
 
 DENIALS. 
 
 In pleading, see PLEADING, 3, 38. 
 
 Effect of denial under oath to purge one of 
 criminal contempt. 9 L.R.A. (N.S.) 
 1119; L.R.A.1917E, 654. 
 
 DENTAL EXAMINERS. 
 
 Character and extent of relief by mandamus 
 against board of. 7 L.R.A. (N.S.) 528. 
 
 DENTISTS. 
 
 Judicial review of action in respect to li- 
 censes. 20 L.R.A. 355. 
 
 Validity of restrictive agreement, ancillary 
 to sale of practice as affected by terri- 
 torial scope. 24 L.R.A. (N.S.) 927; 
 L.R.A.1916C, 630. 
 
 Validity of contract restraining practice of 
 profession after expiration of term of 
 service with another. 26 L.R.A. (N.S.) 
 961. 
 
 Instigating illegal practice as a defense to 
 prosecution. 30 L.R.A. (N.S.) 954. 
 
 Determining character or standing of dental 
 college for purpose of license statutes. 
 22 L.R.A.(N.S.) 735. 
 
 Right of unlicensed dentist to recover for 
 services rendered by licensed one. 2 
 L.R.A.(N.S.) 392. 
 
 Practice without license as a continuing of- 
 fense. 42 L.R.A.(N.S.) 768. 
 
 Validity of statute or regulations affecting 
 right to practise dentistry of one who 
 has practised in another state. L.R.A. 
 1915D, 538. 
 
 DENUNCIATION. 
 
 Of adverse litigant by counsel in argu- 
 ment to jury as ground for reversal. 
 L.R.A.1918D, 87. 
 
 Of defendant by prosecuting attorney in ar- 
 gument as ground for reversal. 46 
 L.R.A. 652. 
 
 DEPARTMENTAL CONTROL. 
 
 Relation of employees in charge of depart- 
 ments to their subordinates. 51 L.R.A. 
 572. 
 
 DEPARTMENT MANAGER. 
 
 Authority of, to contract for services of 
 other persons. L.R.A.1918F, 50. 
 
 with this book on every laic question. 
 
 DEPARTMENTS. 
 
 Relations between departments of govern- 
 ment, see CONSTITUTIONAL LAW, 11- 
 20; COURTS, 14-18.
 
 INDEX TO L.R.A. NOTES. 
 
 405 
 
 DEPARTMENTS cont'd. 
 
 Power of courts to enforce ministerial du- 
 ties of heads of departments. 52 L.R.A. 
 (N.S.) 415. 
 
 DEPARTMENT STORES. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL, LAW, 67. 
 
 Legal restrictions on. 48 L.R.A. 261. 
 
 Persons conducting departments as inde- 
 pendent contractors. 65 L.R.A. 470. 
 
 Duty of storekeeper toward customer as to 
 condition of premises. 21 L.R.A. (N.S.) 
 456; L.R.A.1915F, 572. 
 
 DEPARTURE. 
 
 In pleadiag, see PLEADING, 40. 
 
 DEPENDENTS. 
 
 Who are within provisions of benefit certifi- 
 cates, see INSURANCE, 33. 
 
 Who are, within meaning of workman's 
 compensation act. L.R.A.1916A, 121, 
 248; L.R.A.1917D, 157; L.R.A.1918F, 
 483. 
 
 DEPENDENT AGREEMENT. 
 
 As defense to promissory note. 43 L.R.A. 
 467. 
 
 DEP ORT ATION. 
 
 See ALIENS, 3. 
 
 DEPOSIT. 
 
 In bank, see BANKS, 9-30. 
 
 By bidder for public contract. 26 L.R.A. 
 
 709. 
 Deposit by insurance company as subject of 
 
 taxation. 36 L.R.A.(N.S.) 226. 
 
 DEPOSITARY. 
 
 Power of public officers to make contract 
 as to, for a term of years, or so as to 
 bind their successors. 16 L.R.A. 257. 
 
 How far pledge is effectual when pledgeor's 
 agent is made depositary. 25 L.R.A. 
 577. 
 
 Liability of public officers for loss of funds 
 by failure of bank designated as de- 
 pository. 36 L.R.A. (N.S.) 289. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DEPOSITARY cont'd. 
 
 Liability of sureties on bond of bank as de- 
 pository of public funds as affected by 
 acquiescence or connivance of public of- 
 ficials in misuse of the funds. 26 
 L.R.A.(N.S.) 865. 
 
 DEPOSITION. 
 
 1. Generally. 
 
 Power of consul to take depositions. 45 
 L.R.A. 499. 
 
 Of subscribing witness. 35 L.R.A. 340. 
 
 Privilege as to statements in. 22 L.R.A. 
 837. 
 
 Power of magistrate to punish for refusal 
 to give testimony under commission to 
 take. 1 L.R.A.(N.S.) 1142. 
 
 Waiver by cross-examination of objection to 
 competency of witness whose testimony 
 is taken by deposition. 33 L.R.A. (N.S/) 
 107. 
 
 Necessity of procuring depositions of at- 
 testing witnesses to will who are be- 
 yond the jurisdiction of the court. 47 
 L.R.A.(N.S.) 722. 
 
 Use of depositions not put in evidence in 
 argument of counsel to jury. L.R.A. 
 1918D, 71. 
 
 2. Jurisdiction of equity to entertain 
 bill to perpetuate testimony. 
 
 General nature of the remedy. 25 L.R.A. 
 (N.S.) 673. 
 
 Impossibility of immediate judicial inves- 
 tigation. 25 L.R.A.(N.S.) 675. 
 
 Necessity for the preservation of the testi- 
 mony. 25 L.R.A.(N.S.) 677. 
 
 Necessity and extent of parties' interest in 
 the subject-matter. 25 L.R.A.(N.S.) 
 677. 
 
 Character of the subject-matter of the tes- 
 timony. 25 L.R.A.(N.S.) 678. 
 
 Procedure, pleadings. 25 L.R.A. (N.S.) 
 679. 
 
 3. Use of as evidence. 
 See EVIDENCE, 134. 
 
 DEPOSITORY. 
 
 See DEPOSITARY. 
 
 DEPOSIT TICKET. 
 
 By bank. 17 L.R.A. 580. 
 
 As contracts within the rule against parol 
 evidence to vary or contradict written 
 contracts. L.R.A.1918B, 298. 
 
 DEPOT. 
 
 Duty of carrier to passenger in relation to, 
 see CARRIERS, 45, 46, 48, 70, 71, 94.
 
 406 
 
 DEPOT cont'd. 
 
 Governmental regulations concerning, see 
 
 CARRIERS, 161, 162. 
 Contracts in relation to, see RAILROADS, 
 
 27. 
 Right to use railroad right of way for, as 
 
 against owner of fee. 36 L.R.A.(N.b.) 
 
 516. 
 Supervising employees in, as vice principals. 
 
 51 L.R.A. 552, 581. 
 Work in, as railroad hazard within statutt 
 
 changing fellow servant rule. 18 L.R.A. 
 
 (N.S.) 482. 
 
 INDEX TO L.R.A. NoTKS. 
 
 DEPOT COMPANY. 
 
 Exercise of power of eminent domain by. 
 10L.R.A.(N.S.) 909. 
 
 Liability of railway company for injury to 
 its servants by negligence of union de- 
 pot employees. 13 L.R.A. (N.S.) 1196. 
 
 DEPOT GROUNDS. 
 
 What are, within meaning of fence laws. 
 7 L.R.A.(N.S.) 203. 
 
 DEPRECIATION. 
 
 Implied warranty against depreciation oi 
 
 property bought. 22 L.R.A. 193. 
 Treatment of depreciation in valuation of 
 
 public service property. 38 L.R.A. 
 
 (N.S.) 1209; 52 L.R.A.(N.S.) 18; 
 
 L.R.A.1916F, 761. 
 Right to damages for, in action on replevin 
 
 bond. 30 L.R.A. (N.S.) 371. 
 
 DEPUTY. 
 
 1. Generally. 
 
 Of municipal officer, see MUNICIPAL CORPO- 
 RATIONS, 114. 
 
 Certification of copies of records by, for use 
 in other state. 5 L.R.A.(N.S.) 957. 
 
 Condition against taking effect of bond of 
 until signed by others. 45 L.R.A. 336 
 
 Effect against surety on bond of deputy 
 of judgment against him. 52 L.R.A 
 184. 
 
 Implied power of municipality to create of- 
 fice of deputy or assistant to incumbent 
 of an office expressly authorized. 26 
 L.R.A. (N.S.) 660. 
 
 Provision for compensation of additional 
 deputy or assistant as violation of con- 
 stitutional inhibition of increase of of- 
 ficer's salary during term. L.R.A.1918C, 
 561. 
 
 Change of salary of deputy as violation of 
 constitutional provision against change 
 of salary of public officer during term 
 of office. 37 L.R.A. (N.S.) 388. 
 
 DEPUTY cont'd. 
 
 Master's liability to servant for injury due 
 to negligence of deputy superintend- 
 ents. 58 L.R.A. 40. 
 
 Improper influence or interference with 
 grand jury by. 28 L.R.A. 370. 
 
 Liability for act of deputy in improperly 
 issuing marriage license or performing 
 marriage ceremony. L.R.A.1917E, 872. 
 
 2. Deputy sheriffs, marshals, con- 
 stables, etc. 
 
 Provision for compensation of additional 
 deputy or assistant as violation of con- 
 stitutional inhibition of increase of of- 
 ficer's salary during term. L.R.A.1918C, 
 561. 
 
 Right of sheriff or constable to appoint 
 nonresident deputy. L.R.A.1916B, 900. 
 
 Deputy marshals and sheriffs as public of- 
 ficers. 17 L.R.A. 245. 
 
 In whose name acts by deputy sheriff should 
 be performed. 19 L.R.A. 177; 42 L.R.A. 
 (N.S.) 877. 
 
 Right of deputy sheriffs to make bids on 
 sales conducted by them. 20 L.R.A. 
 505. 
 
 Execution of bond of deputy sheriff on con- 
 dition that others shall sign. 45 L.R.A. 
 336. 
 
 Principal's liability for homicide by deputy. 
 67 L.R.A. 312. 
 
 Liability of sureties on bond of peace officer 
 for death of person due to act or de- 
 fault of one of his deputies. 11 L.R.A. 
 (N.S.) 758. 
 
 Liability of sheriff, marshal, or constable 
 for his deputy's tort in making arrest. 
 12 L.R.A.(N.S.) 1019; L.R.A.1915E, 
 172. 
 
 3. Deputy collector. 
 
 Power of deputy collector to affix omitted 
 stamp on instrument. 48 L.R.A. 316. 
 
 4. Woman as. 
 
 Right of woman to be. 38 L.R.A. 210. 
 Competency as deputy clerks. -13 L.R.A. 
 721; 27 L.R.A.(N.S.) 532. 
 
 5. In whose name acts by deputy 
 officers to be performed. 
 
 See OFFICERS, 30. 
 
 Be{/in icith this hoi, I,- on every law question. 
 
 DERAILMENT. 
 
 Injury to passenger by, see CARRIERS, 50. 
 
 Liability for injury to person other than 
 passenger or employee by derailment of 
 street car. L.R.A.1917D, 815. 
 
 Applicability of res ipsa loquitur in case of 
 injury to servant by derailment of roll- 
 ing stock. L.R.A.1917E, 212. 
 
 Homicide by. 63 L.R.A. 378. 
 
 Leaving switch unlocked as proximate cause 
 of derailment of train resulting from 
 throwing of switch by stranger. 11 
 L.R.A.(N.S.) 738. 
 
 Proof of corpus delicti in prosecution for. 
 68 L.R.A. 72.
 
 INDEX TO L.R.A. NOTES. 
 
 407 
 
 DERELICT. 
 
 Ownership of. 18 L.R.A. 695. 
 
 DERMATOLOGY. 
 
 Application of statute regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A. (N.S.) 762; 
 24 L.R.A.(N.S.) 103; 25 L.R.A.(N.S.) 
 1297. 
 
 DERRICKS. 
 
 Injury to trainman by derrick over track. 
 47 L.R.A.(N.S.) 498. 
 
 DESCENT AND DISTRIBUTION. 
 
 I. In general, 1. 
 II. Right to inherit, 2-8. 
 III. Property subject to, 9. 
 IT. Nature and incidents of interest of 
 heir or distributee, 1O-13. 
 
 I. In general. 
 
 1. Generally. 
 
 Advancement to children, see ADVANCEMENT. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 34. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 69. 
 
 Conversion of realty into personalty and 
 vice versa, see EQUITABLE CONVERSION; 
 WILLS, 116-118. 
 
 As to distribution of decedent's estate gen- 
 erally, see EXECUTORS AND ADMINIS- 
 TRATORS, 47-49. 
 
 As to inheritance taxes, see TAXES, VI. 
 
 As to devise or bequest of property, see 
 WILLS, V. 
 
 Disinheriting heir, see WILLS, 68. 
 
 Disqualification of witness by interest in 
 controversy over estate, see WITNESSES, 
 23. 
 
 Effect of conveyance and reconveyance of 
 estate acquired by inheritance upon its 
 course of descent. 39 L.R.A.(N.S.) 
 955. 
 
 Right to probate will after distribution of 
 property as intestate. 36 L.R.A. (N.S.) 
 89. 
 
 Federal courts following state decisions as 
 to construction of local statute of de- 
 scent and distribution. 40 L.R.A. (N.S.) 
 429. 
 
 Transfer of reversion of leased premises by 
 devolution upon landlord's death. 
 L.R.A.1915C, 206. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DESCENT AND DISTRIBUTION cont'd. 
 //. Right to inherit. 
 
 2. Generally. 
 
 Rights as to homestead, see HOMESTEAD, 
 
 17-20. 
 Rights of child in parents' homestead, see 
 
 HOMESTEAD, 19, 20. 
 
 Devolution of interests of respective parties 
 to option. L.R.A.1917D, 719. 
 
 Descent of ancestral estates. L.R.A.1916C, 
 902. 
 
 Who are next of kin. 15 L.R.A. 300. 
 
 Within meaning" of insurance policy. 
 30 L.R.A. 593. 
 
 Father as sole next of kin of unmarried 
 child, to exclusion of mother. 1 B. R. 
 C. 566. 
 
 Right to rents on lease of intestate's prop- 
 erty. 40 L.R.A. 321. 
 
 Rights of heirs in partnership real estate. 
 27 L.R.A. 348. 
 
 Admissibility of declarations of relative of 
 claimant upon issue of his relationship 
 or heirship to decedent. 36 L.R.A. (N.S.) 
 530; L.R.A.1915D, 215. 
 
 Is the right to take property by inheritance 
 a natural or statutory right. 9 L.R.A. 
 (N.S.) 121. 
 
 Are the "heirs" who take under a possibili- 
 ty of reverter determined as of the time 
 of the ancestor's death, or as of the 
 time of the termination of the fee. 18 
 L.R.A.(N.S.) 624. 
 
 Right of persons claiming through deceased 
 relative to participate with those stand- 
 ing in equal degree of relationship with 
 such relative, in provision for "next of 
 kin" etc. 28 L.R.A. (N.S.) 479. 
 
 3. Among kindred of half blood. 
 
 In general. 29 L.R.A. 541; 26 L.R.A. (N.S.) 
 
 603. 
 Relatives of half blood as next of kin. 15 
 
 L.R.A. 301. 
 
 The common-law doctrine. 29 L.R.A. 541. 
 In the United States. 29 L.R.A. 542. 
 Meaning of the words. 29 L.R.A. 542. 
 No distinction between the whole and half 
 
 blood. 29 L.R.A. 546. 
 In the case of ancestral estates. 29 L.R.A. 
 
 552. 
 When the statute not express. 29 L.R.A. 
 
 561. 
 Cases wherein the whole blood is preferred. 
 
 29 L.R.A. 561. 
 
 When half blood preferred to remoter rela- 
 tive of the whole blood. 29 L.R.A. 564. 
 When half blood take half portions. 29 
 
 L.R.A. 565. 
 
 Shifting descents. 29 L.R.A. 566. 
 Equitable conversion. 29 L.R.A. 567. 
 Descent of ancestral estate to heirs of the 
 
 half blood. L.R.A.1916C, 923. 929. 
 
 4. By, through, or from, alien. 
 
 Alien's right to inherit. 31 L.R.A. 177. 
 Effect of state Constitutions and statutes 
 
 upon inheritance by or from an alien. 
 
 31 L.R.A. 85.
 
 IXDEX TO L.R.A. NOTES. 
 
 DESCENT AM) DISTRIBUTION, II 
 
 cont'd. 
 Effect of treaties upon an alien's right to 
 
 inherit. 32 L.R.A. 177; L.R.A.1915E, 
 
 327. 
 
 KtlVct of state statutes and Constitutions 
 upon inheritance through an alien. 
 31 L.R.A. 146. 
 Tracing descent through alien. 37 L.R.A. 
 
 (N.S.) 108. 
 
 5. By, through, or from, illegitimate. 
 
 On the part of the mother. 23 L.R.A. 753. 
 
 Marriages null. 23 L.R.A. 753. 
 
 Legalizing illegitimate by statute and recog- 
 nition. 23 L.R.A. 754. 
 
 Inheritance by illegitimate from his mother. 
 23 L.R.A. 754. 
 
 Inheritance by illegitimate under will. 23 
 L.R.A. 754. 
 
 Inheritance by illegitimates from brothers 
 and sisters. 23 L.R.A. 755. 
 
 Inheritance by illegitimates through mother 
 or father. 23 L.R.A. 756. 
 
 Inheritance by brothers and sisters of moth- 
 er or father of illegitimate. 23 L.R.A. 
 756. 
 
 Inheritance by mother from an illegitimate 
 child. 23 L.R.A. 757. 
 
 Inheritance through illegitimate. 23 L.R.A. 
 757. 
 
 Inheritance by widow or husband of illegiti- 
 mate. 23 L.R.A. 757. 
 
 Inheritance by legitimate children from il- 
 legitimate children of the same mother. 
 23 L.R.A. 758. 
 
 Illegitimates as next of kin. 15 L.R.A. 301. 
 
 Conflict of laws as to legitimacy of distribu- 
 tee. 65 L.R.A. 178. 
 
 Rights of lineal descendents of illegitimate 
 to inherit through him. 27 L.R.A. 
 (N.S.) 220. 
 
 Right to disinherit illegitimate or legiti- 
 mated child. L.R-A.1918A, 45. 
 
 8 6. Effect of adoption. 
 
 Descent and distribution of property of 
 
 adopted child. 43 L.R.A.(N.S.) 1056. 
 Right of adopting parent to disinherit 
 
 adopted child. L.R.A.1916D, 424. 
 Inheritance by or from adopted child. 17 
 
 L.R.A. 435. 
 
 Right of adopted child to inherit property 
 from a relative of its adoptive parent. 
 17 L.R.A. 435; 8 L.R.A. (N.S.) 117; 33 
 L.R.A.(N.S.) 139. 
 
 Right of child adopted in other state to 
 take under local statute of descent or 
 distribution. 21 L.R.A. (N.S.) 679; 25 
 L.R.A.(N.S.) 1285; L.R.A.1916A, 666. 
 Power to give child under existing adoption 
 right to inherit from parent or parent's 
 relatives. 35 L.R.A. (N.S.) 216. 
 Do terms "child," "children," "issue," etc., 
 in statutes governing distribution 
 of decedent's estate include adopt- 
 ed children. 30 L.R.A.(X.S.) 914- 
 L.R.A.1918F, 1082. 
 
 } 1. Rights of husband and wife. 
 Statutory allowance of widow, see EXECU- 
 TORS AND ADMINISTRATORS, 55, 55 a . 
 Right! in homestead, see HOMESTEAD, 18. 
 
 DESCENT AND DISTRIBUTION, II. 
 cont'd. 
 
 Effect upon right to inherit, of marriage 
 with an alien and residing abroad. 31 
 L.R.A. 182. 
 
 Wife as next of kin of husband. 15 L.R.A. 
 303. 
 
 Husband as next of kin of wife. 15 L.R.A. 
 303. 
 
 Inheritance by widow or husband of illegiti- 
 mate. 23 L.R.A. 757. 
 
 Alimony as wife's distributive share. 2 
 L.R.A.(N.S.) 239. 
 
 Gift to one spouse by parent of the other 
 as an advancement. 26 L.R.A. (N.S.) 
 1050. 
 
 Widow's right to proceeds of insurance on 
 deceased husband's life, payable to him- 
 self or his executors or administrators. 
 35 L.R.A.(N.S.) 964. 
 
 Widow as heir. 30 L.R.A. 595; L.R.A.1918A, 
 1108. 
 
 Effect of statute making wife an heir of 
 husband upon rule that marriage alone, 
 without birth of issue, does not revoke 
 a man's will. 25 L.R.A. (N.S.) 182. 
 
 Effect of statute making husband an heir 
 of wife on rule that marriage alone 
 without birth of issue will not revoke 
 a woman's will. 34 L.R.A. (N.S.) 1021. 
 
 Garnishment of husband's interest in wife'^ 
 legacy or distributive share. 47 L.R.A. 
 360. 
 
 Effect of terms "child," "children," "issue," 
 etc., in statu'tes governing distribution 
 of decedent's estate on right of surviv- 
 ing widow. 30 L.R.A. (N.S.) 915; 
 L.R.A.1918F, 1082. 
 
 Time as of which valuation of decedent's 
 estate is to be taken for assignment of 
 share of surviving spouse. 3 B. R. C. 
 973. 
 
 Applicability of disqualification statute to 
 testimony of alleged spouse to establish 
 marriage in order to succeed to share 
 of the decedent's property. 51 L.R.A. 
 (N.S.) 183. 
 
 Applicability of rule excluding testimony of 
 interested person in controversy witlh 
 decedent's estate to widow of decedent 
 in controversy over succession. 51 
 L.R.A.(N.S.) 221 
 
 8. Descent to murderer. 
 
 Homicide as affecting devolution of prop- 
 erty. 3 L.R.A.(N.S.) 726; 39 
 L.R.A.(N.S.) 1088; L.R.A.1915C, 
 328. 
 
 Right of one convicted of homicide to take 
 under will of victim. 7 B. R. C. 991. 
 Exception in case of transfer under positive 
 statutory provisions. 33 L.R.A. (N.S.) 
 729. 
 Effect on right to probate will of fact that 
 
 legatee is murderer 
 L.R.A.(N.S.) 967. 
 
 of testator. 34 
 
 with this book on every law question. 
 
 III. Property subject to. 
 
 9. Generally. 
 
 Descent of rights in homestead, see HOME- 
 STEAD, 17-20. 
 
 Heating apparatus as part of realty where 
 rights of heir are involved. 1 B. R. C. 
 982.
 
 INDEX TO L.R.A. NOTES. 
 
 409 
 
 DESCENT AND DISTRIBUTION, III. 
 cont'd. 
 
 Descent of unpatented mining claim. 4 
 L.R.A.(N.S.) 919. 
 
 Is surplus realized on foreclosure sale of 
 real estate after mortgagor's death to 
 be deemed real or personal property. 
 19 L.R.A.(N.S.) 723. 
 
 Does the grantor's right to rescind for 
 breach of condition as to support de- 
 scend to his heirs or representatives. 
 23 L.R.A.(N.S.) 232. 
 
 Devolution of vendee's interest under con- 
 tract for the purchase of real prop- 
 erty. 42 L.R.A.(N.S.) 446. 
 
 IV. Nature and incidents of interest of 
 heir or distributee. 
 
 10. Generally. 
 
 Sale of expectancy by prospective heir, see 
 EXPECTANCY. 
 
 Remedy of distributee as to accounting of 
 which he had no notice and on which 
 he did not appear. 63 L.R.A. 95. 
 
 Right to have judgment against decedent set 
 aside. 54 L.R.A. 761. 
 
 Right of next of kin to maintain action in 
 interest of estate. 22 L.R.A.(N.S.) 
 454. 
 
 Conveyance by heirs of land held adversely. 
 35 L.R.A.(N.S.) 748. 
 
 Right of one claiming through heir of devi- 
 see to protection against unrecorded 
 conveyance by ancestor or his personal 
 representative. 34 L.R.A. (N.S.) 328. 
 
 Right of devisee or heir to completion of 
 improvements at the expense of the 
 estate. 36 L.R.A. (N.S.) 303. 
 
 Indebtedness of heir to estate as set-off 
 against distributive share of proceeds 
 of real estate. 4 L.R.A. (N.S.) 189. 
 
 Right of devisee of encumbered property to 
 exoneration at expense of legatee. 3 
 L.R.A. (N.S.) 898. 
 
 Deduction of indebtedness owing to remote 
 ancestor by predeceased immediate 
 ancestors. 47 L.R.A. (N.S.) 1026. 
 
 11. Impressing share of heir with 
 trupt. 
 
 Impressing share of heir, devisee or legatee 
 with constructive trust because of his 
 fraud in frustrating decedent's inten- 
 tion to give the property to a third 
 person. 8 L.R.A. (N.S.) 698; 31 L.R.A. 
 (N.S.) 176. 
 
 May a constructive trust be based upon an 
 undertaking to hold, for the benefit of 
 another, property received through de- 
 vise or inheritance, where no actual tes- 
 tamentary intention has been frustrat- 
 ed. 33 L'.R.A.(N.S.) 996; L.R.A.1918F, 
 1045. 
 
 12. Liability of heirs for obligations 
 of ancestor. 
 
 Generally. 21 L.R.A. 89. 
 
 Liability on covenant or specialty debt. 21 
 
 L.R.A. 90. 
 
 Remedy in equity. 21 L.R.A. 91. 
 Remedy against heirs where estate has 
 
 boon distributed before claim accrued. 
 
 L.R.A.1916A, 1185. 
 Consult also L.R.A. Digests of Cases. 
 
 DESCENT AND DISTRIBUTION, IV. 
 
 cont'd. 
 Conditions of suits against heirs. 21 L.R.A. 
 
 92. 
 
 Pleading and proof. 21 L.R.A. 92. 
 Parties. 21 L.R.A. 93. 
 Judgment. 21 L.R.A. 94. 
 In Louisiana. 21 L.R.A. 94. 
 Levy on interest of heir in ancestor's land. 
 
 23 L.R.A. 643. 
 Liability of heirs of devisee for legacy 
 
 charged on devise. 30 L.R.A. (N.S.) 
 
 818. 
 
 Upon whom does the liability of an heir or 
 devisee for his decedent's debts de- 
 volve at his own death. 39 L.R.A. 
 (N.S.) 689. 
 
 13. garnishment of interest. 
 
 Garnishment of husband's interest in wife's 
 legacy or distributive share. 47 L.R.A. 
 360. 
 
 Garnishment of distributive shares before 
 settlement. 59 L.R.A. 387. 
 
 DESCRIPTION. 
 
 1. Generally. 
 
 Of offense in bail bond, see BAIL AND RECOG- 
 NIZANCE, 5. 
 
 In indictment, see INDICTMENT, ETC., 6. 
 
 Of beneficiaries in will, see WILLS, V. f. 
 
 Of parties in process, see WBIT AND PBOCESS, 
 5, 6. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance. 38 
 L.R.A. (N.S.) 309. 
 
 Particularity required in description of doc- 
 uments in subpoena duces tecum. 31 
 L.R.A.(N.S.) 835. 
 
 Right of witness to express opinion in de- 
 scribing persons and objects. L.R.A. 
 1918A, 668. 
 
 2. Of parties. 
 
 In deed, see DEEDS, 18. 
 Mistake in name in writ or process, see WBIT 
 AND PROCESS, 5, 6. 
 
 Of parties in writ of error or appeal to Fed- 
 eral Supreme Court. 66 L.R.A. 839, 
 843. 
 
 S. Of property. 
 
 Of mortgaged chattels, see CHATTEL MORT- 
 GAGE, 7. 
 
 In deed, see DEEDS, 20. 
 
 In mortgage on land, see MORTGAGE, 19. 
 
 Of property devised or bequeathed, see 
 WILLS, 66, 67. 
 
 Correction of mistake as to, in will, see 
 WILLS, 67. 
 
 Parol evidence to correct description of 
 land, see EVIDENCE, 178. 
 
 Implied warranty of quality in sales by, see 
 SALES, 35. 
 
 Warranty on sale of goods by sample and de- 
 scription. 70 L.R.A. 663. 
 
 Effect of sale with description of particular 
 kind or quality. 35 L.R.A. (N.S.) 25&
 
 410 
 
 l.XDKX TO L.R.A. NOTES. 
 
 DESCRIPTION cont'd. 
 
 4. of land. 
 
 Sufficiency of, to satisfy statute of frauds, 
 see CONTRACTS, 51. 
 
 Erroneous description of property in convey- 
 ance as affecting marketability of title. 
 38 L.R.A.(X.S.) 22. 
 
 Lapse of time as curing defective or errone- 
 ous description .of property cpnveyed. 
 38 L.R.A.(N.S.) 33. 
 
 Mistake in description of property as af- 
 fecting record of instrument relating 
 to real property. L.R.A.1916A, 530. 
 
 Effect of misdescription of land registered 
 under the Torrens Law. L.R.A.1916D, 
 76. 
 
 Tax deed as color of title where description 
 of land is indefinite. 11 L.R.A.(N.S.) 
 772. 
 
 Of mining claim. 7 L.R.A.(N.S.) 836. 
 
 Sufficiency of, to pass title to thread of 
 stream. 42 L.R.A. 505. 
 
 DESCRIPTIVE WORD. 
 
 As trademark, see TRADEMARK, 2, 2a. 
 As tradename, see TBADENAME, 2. 
 
 DESECRATION. 
 
 Statutes against desecration of 
 L.R.A.(N.S.) 1079. 
 
 DESERTION. 
 
 Of husband or wife, see DIVORCE AND SEP- 
 ARATION, 24; HUSBAND AND WIFE, 
 70, 71. 
 
 See also ABANDONMENT. 
 
 Right of minor unlav/ully enlisted in Army 
 or Navy to discharge on habeas corpus 
 from custody of court-martial under 
 charge of. 18 L.R.A.(N.S.) 956; L.R.A. 
 1917D, 1059. 
 
 Jurisdiction of consul over deserting sea- 
 men. 45 L.R.A. 486. 
 
 Prosecutions under the Espionage Act of 
 June 15, 1917, for encouraging. L.R.A. 
 1918F, 410. 
 
 DESIGN. 
 
 Right to protection against use by rival of 
 similar design not protected by patent 
 19 L.R.A.(N.S.) 269; 37 L.R.A.(N.S.) 
 259. 
 
 DESK. 
 
 DE SON TORT. 
 
 Allowance to executor de son tort for dis- 
 bursements. L.R.A.1915D, 948. 
 
 DESTINATION. 
 
 Altering destination during shipment as 
 affecting interstate character. L.R.A. 
 1916E, 533. 
 
 What passes under bequest of contents of. 
 
 L.R.A.1015C, (157. 660. 
 Begin it-it h tlti* bonk on every law question. 
 
 DESTRUCTION. 
 
 1. Generally. 
 
 Of deeds, see DEEDS, 33. 
 Presumption against one destroying evi- 
 dence, see EVIDENCE, 56. 
 
 Of political party by primary election laws. 
 
 22 L.R.A.(N.S.) 1137; L.R.A.1917A, 
 260. 
 
 Effect of destruction of registry lists. 28 
 
 L.R.A.(N.S-) 989. 
 Of record of deed or mortgage as affecting 
 
 constructive notice imparted thereby. 
 
 23 L.R.A.(N.S.) 3180. 
 
 Right to destroy wharf rights in navigable 
 waters for public purpose without com- 
 pensation. 34 L.R.A.(N.S.) 423. 
 
 2. Of property. 
 
 Measure of damages for destruction of prop- 
 erty, see DAMAGES, 68, 74, 75. 
 
 Of property in possession of bailee, see BAIL- 
 MENT, 5-10. 
 
 Of buildings, see BUILDINGS, 6, 8. 
 
 Effect of, on building or construction con- 
 tract, see CONTRACTS, 135. 
 
 Measure of damages for destruction of prop- 
 erty, see DAMAGES, 74, 75. 
 
 Of intoxicating liquor, see INTOXICATING 
 LIQUORS, 34. 
 
 By mob, see MOBS AND RIOTO. 
 
 Municipal liability for destruction of prop- 
 erty, see MUNICIPAL CORPORATIONS, 
 74, 75. 
 
 Right to compensation for property de- 
 stroyed in abating nuisance, see NUI- 
 SANCES, 23. 
 
 Of party wall, see PARTY WALL, 3. 
 
 Of patent, see PATENTS, 2. 
 
 Of cargo of vessel, see SHIPPING, 3. 
 
 Liability for rents after destruction of prem- 
 ises, see LANDLORD AND TENANT, 84. 
 
 Of property sold before ascertainment of 
 price, see SALES, 12a. 
 
 Liability of water company for destruction 
 of property by fire, see WATERS, 119. 
 
 Loss of property generally, see Loss. 
 
 Destruction of building as terminating ease- 
 ment therein other than that of sup- 
 port. L.R.AJ918D, 413. 
 
 Destruction of milk below legal standard. 
 L.R.A.1917C, 247. 
 
 Innkeeper's liability for destruction of com- 
 mercial traveler's samples. 35 L.R.A. 
 (XS.) 350.
 
 INDEX TO L.R.A. NOTES. 
 
 411 
 
 DESTRUCTION cont'd. 
 
 Effect of strikes on carrier's liability for 
 destruction of property. 35 L.R.A. 623. 
 
 Of structure as a nuisance. 38 L.R.A. 166. 
 
 Right to waive tort and sue on implied con- 
 tract where property is negligently de- 
 stroyed. 37 L.R.A. (N.S.) 230. 
 
 Civil liability of insane person for. 42 
 L.R.A.(N.S.) 84. 
 
 3. leased property. 
 
 Rights and liabilities of tenant on destruc- 
 tion of leased building. 22 L.R.A. 613. 
 
 Liability of tenant for negligent destruction 
 of premises as affected by exception in 
 covenant for return of premises in good 
 condition. L.R.A.1918A, 369. 
 
 Destruction of premises as affecting rent 
 paid or payable in advance. 33 L.R.A. 
 (N.S.) 540. 
 
 Determination of proportional part of rent 
 to be abated upon destruction of prem- 
 ises. L.R.A.1916F, 277. 
 
 Effect of, on tenant's liability under cove- 
 nants in lease as to payment of taxes 
 and assessments. L.R.A.1915A, 348. 
 
 After execution of assignment of leasehold 
 but before possession of premises given 
 thereunder. 25 L.R.A. (N.S.) 609. 
 
 4. Of will. 
 
 Revocation of will by, see WILLS, 39, 40. 
 
 Evidence to establish destroyed wills. 38 
 L.R.A. 433. 
 
 DETECTING CRIME. 
 
 Validity of contract for. 42 L.R.A. (N.S.) 
 847. 
 
 DETECTIVE. 
 
 Liability for acts of servant employed as, see 
 MASTER AND SERVANT, 22. 
 
 As public officer. 36 L.R.A. (N.S.) 881. 
 
 Power of municipality to employ private de- 
 tectives. 32 L.R.A. (N.S.) 391. 
 
 Admissibility in evidence of communications 
 to. 67 L.R.A. 923. 
 
 Voluntariness of confessions to. 18 L.R.A. 
 (N.S.) 853. 
 
 Liability of detective agency for acts of its 
 employees. L.R.A.1918D, 575. 
 
 DETENTION. 
 
 Measure of damages for detention of person- 
 alty, see DAMAGES, III. m. 
 
 Measure of damages for detention of real 
 property, see DAMAGES, III. n. 
 
 Liability of officer for detention of person 
 improperly arrested. 42 L.R.A. (N.S.) 
 73; L.R.A.1915B, 506. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DETERMINATE FEE. 
 
 Nature and creation. 15 L.R.A. 231. 
 
 Right of curtesy in. 20 L.R.A. (N.S.) 858. 
 
 Right to compensation in eminent domain 
 of grantor in conveyance of determina- 
 ble fee. 22 L.R.A. (N.S.) 1063. 
 
 DETINUE. 
 
 See REPLEVIN. 
 
 DEVASTAVIT. 
 
 Action for, against administrator de Bonis 
 non. 40 L.R.A. 72, 73. 
 
 DEVELOPMENT WORK. 
 
 Duty of lessee under oil and gas lease aa 
 to development of property, see MINES, 
 III. c, 2. 
 
 On mining claim, see MINES, 16, 25. 
 
 DEVESTITURE OF ESTATES. 
 
 Of persons not in being, see AFTERBORN 
 
 CHILDREN, 3. 
 Constitutionality of, see CONSTITUTIONAL 
 
 LAW, 71. 
 
 DEVIATION. 
 
 By carrier, see CARRIERS, 103. 
 
 By hirer of team. 26 L.R.A. 367. 
 
 Effect of, on privilege of nonresident witness 
 from suit. 25 L.R.A. 737. 
 
 Right of person deviating from used part of 
 street to recover for injury by defect or 
 obstruction therein. 20 L.R.A. (N.S.) 
 753. 
 
 Abandonment or loss of private way by de- 
 viation therefrom. 22 L.R.A. (N.S.) 
 883. 
 
 Conditions occasioned by war as justifying 
 deviation of insured vessel. 5 B. R. C. 
 19. 
 
 DEVICES. 
 
 Right of public to benefit of devices made 
 by officer or employee. L.R.A.1917B, 
 1183. 
 
 DEVISE. 
 
 See WILLS, V.
 
 412 
 
 INDEX TO L.R.A. NOTES. 
 
 DEVISEES. 
 
 IH general, see WILLS, V. 
 
 \s real party in interest by whom action 
 must be brought. 64 L.R.A. 611. 
 
 Assessment on decedent's estate against. 56 
 L.R.A. 645. 
 
 Payment of interest by devisee of property 
 covered by mortgage, as keeping debt 
 alive against whole estate. 2 B. R. C. 
 293. 
 
 On whom does liability of devisee for dece- 
 dent's debts devolve at his own death. 
 39 L.R.A.(N.S.) 689. 
 
 Liability of homestead in hands of devisee 
 for the debts of the devisor. L.R.A. 
 1918D, 1002. 
 
 Right to avoid sale of decedent's property 
 to executor or administrator. L.R.A. 
 1918B, 30. 
 
 Ornamental articles as fixtures as between 
 legatees, devisees, heirs, personal repre- 
 sentatives and life tenants. 6 B. R. C. 
 162. 
 
 DEVOLUTION OF PROPERTY. 
 
 See DESCENT AND DISTRIBUTION. 
 * 
 
 DIAGNOSIS. 
 
 Liability of physician or surgeon for failure 
 to diagnose fracture or dislocation. 28 
 LJR.A.(N.S.) 136. 
 
 DIAGRAMS. 
 
 Use of, by counsel in arguing to jury. 
 L.R.A.1918D, 80. 
 
 Admissibility in evidence of diagram made 
 by expert witness testifying as to hand- 
 writing and typewriting. L.R.A.1918D, 
 645. 
 
 DIARY. 
 
 Admissibility in evidence of entries in. 51 
 LJLA.(N.S.) 813. 
 
 DICE. 
 
 Skaknp dice for drinks, cigars, or other 
 trivial stakes as gambling or gaming. 
 L.R.A.1918A, 1068. 
 
 DIET. 
 
 DICTA. 
 
 Conclusiveness of prior decisions on appeal 
 as to effect of. 34 L.R.A. 344. 
 
 Application of statute regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A.(N.S.) 
 762; 24 L.R.A. (N.S.) 103; 25 L.R.A. 
 (N.S.) 1297. 
 
 DILIGENCE. 
 
 As to laches, see ESTOPPEL, 18-26; LIM- 
 ITATION OF ACTIONS, 6-12. 
 As to negligence, see NEGLIGENCE. 
 
 Presumption of, in presentation and notice 
 of dishonor of commercial paper. 29 
 L.R.A. 305. 
 
 What diligence required of one to whom 
 false statement is made. J7 L.R.A. 601. 
 
 In discovery of evidence for which bill of 
 review is sought. 30 L.R,A.(N.S.) 
 1039. 
 
 [n attempting to procure testimony as con- 
 dition of right to continuance to pro- 
 cure witness who is beyond the juris- 
 diction. L.R.A.1918E, 528. 
 
 In discovering disqualification of juror as- 
 serted as ground for new trial. 50 
 L.R.A.(N.S.) 949. 
 
 DIMENSIONS. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 692. 
 
 DINING CARS. 
 
 Duty of carrier to provide separate dining 
 cars for colored passengers. L.R.A. 
 1918D, 709. 
 
 DIP. 
 
 Right to follow beyond surface lines of mine. 
 53 L.R.A. 491. 
 
 DIPLOMA. 
 
 To physician or surgeon, see PHYSICIAN AND 
 SURGEON, 11. 
 
 Mandamus to compel issuance of. 3 L.R.A. 
 (N.S.) 1115; L.R.A.1916B, 616. 
 
 DIPLOMATIC AND CONSULAR 
 OFFICERS. 
 
 DIPLOMATIC FUNCTIONS. 
 
 Power of consul to exercue. 45 L.R.A. 497.. 
 
 Begin icith this boolc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 413 
 
 DIRECT COMMAND. 
 
 Obediemce of, by servant, see MASTER AND 
 SERVANT, 4, 70, 117, 126, 127. 
 
 DIRECT CONVEYANCE. 
 
 By wife to husband, validity. 31 L.R.A. 
 (N.S.) 844. 
 
 DIRECTION. 
 
 Right of witness to express opinion, as to. 
 L.R.A.1918A, 693. 
 
 DIRECTION OF VERDICT. 
 
 See TRIAL, 56-59. 
 
 DIRECTNESS. 
 
 Of special verdict. 24 L.R.A. (N.S.) 54. 
 
 DIRECTORS. 
 
 Of bank, see BANKS, 6-8a. 
 Of corporation generally, see CORPORATIONS, 
 VI. 
 
 DIRECTORY. 
 
 Telegraph company's duty as to discovering 
 unknown sendee whose name is in di- 
 rectory. 22 L.R.A.(N.S.) 764. 
 
 *--*- 
 
 DIRECTORY STATUTES. 
 
 See STATUTES, 24. 
 
 *--* 
 
 DISABILITY. 
 
 1. In general. 
 
 Persons under, see ALIENS; GUARDIAN AND 
 WARD; HUSBAND AND WIFE; INCOMPE- 
 TENT PERSONS; INFANTS. 
 
 Effect of, on running of limitations, see LIM- 
 ITATIONS OF ACTIONS, 47. 
 
 Effect of delay in probating will where devi- 
 sees are under disability. 57 L.R.A. 
 257. 
 
 Effect of partition deed by person under dis- 
 ability. 57 L.R.A. 340. 
 
 Effect of disability of one of makers of re- 
 plevin bond which has served its pur- 
 pose. 29 L.R.A. (N.S.) 752. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DISABILITY cont'd. 
 
 2. Physical disability. 
 
 Duty of carrier in case of, see CARRIERS, 
 
 39, 40. 
 
 Of insured, see INSURANCE, 178. 
 Servant's right to compensation on failure 
 
 to complete performance because of, see 
 
 MASTER AND SERVANT, 26. 
 
 Care due to disabled person when no con- 
 tract relation exists. 69 L.R.A. 513. 
 
 As excuse for failure to give notice of inju- 
 ry required as a condition of municipal 
 liability. 32 L.R.A. (N.S.) 350. 
 
 Employer's agreement to pay employee dur- 
 ing disability, or his contribution to in- 
 surance, as affecting or affected by re- 
 covery against him for personal in- 
 juries. L.R.A.1917B, 1160. 
 
 DISABLED PERSONS. 
 
 Carrier's duty as to, see CARRIERS, 39, 40. 
 
 DISAFFIRMANCE. 
 
 Of antenuptial contract, see HUSBAND AND 
 
 WIFE, 58. 
 Of contract by infant, see INFANTS, 21- 
 
 23. 
 
 Of policy on infant's life. 57 L.R.A. 504. 
 
 DISAGREEING JURY. 
 
 Coercion of, see TRIAL, 72. 
 
 DISAPPEARANCE. 
 
 Validity and effect of by-law of mutual 
 benevolent society suspending member 
 who disappears. L.R.A.1917A, 182. 
 
 DISBARMENT. 
 
 Of attorney, see ATTORNEYS, 4, 5. 
 
 DISBURSEMENT. 
 
 Maritime lien for. 70 L.R.A. 367, 383, 
 438. 
 
 Amount paid substitute for services dur- 
 
 ing incapacity of injured person as a 
 
 disbursement. 30 L.R.A.(N.S.) 738. 
 
 DISCHARGE. 
 
 From army or navy, see ARMY AND NAVY, 
 2.
 
 IMfKX TO L.R.A. NOTES. 
 
 DISCHARGE cont'd. 
 
 In bankruptcy, see BANKRUPTCY, 32-36. 
 In in-..!\ency, see INSOLVENCY, 16. 
 Of indorser, see BILLS AND NOTES, 34. 
 Of chattel mortgage, see CHATTEL MOBT- 
 
 GAGE, 30, :;i. 
 Of jury, see CBIMINAL LAW, 63; TBIAL, 
 
 74. 
 
 Of guarantor, see GUARANTY, 9. 
 Of judgment, see JUDGMENT, 74-77. 
 Of lien, see LIENS, 18-20. 
 Of employee, see MASTEB AND SEBVANT, 
 
 40-46. 
 Of mechanics' lien, sec MECHANICS' LIENS, 
 
 30. 
 
 Of mortgage, see MOBTGAGE, 52-60. 
 Of surety, see PBINCIPAL AND SUBETY, 
 
 10-18. 
 
 Of school teacher, see SCHOOLS, 16. 
 Grounds for discharge on habeas corpus, 
 
 see HABEAS COBPUS, 6. 
 As evidence of want of probable cause for 
 
 prosecution, see MALICIOUS PBOSECU- 
 
 TION, 7. 
 
 Liability for procuring discharge of em- 
 ployee, see MASTEB AND SEBVANT, 47. 
 
 As affecting justification in libel or slan- 
 der. 21 L.R.A. 503. 
 
 Termination of criminal prosecution by, 
 so as to support suit for malicious 
 prosecution. 2 L.R.A.(N.S.) 933. 
 
 Right to and proceedings for discharge aft- 
 er restoration to sanity of one con- 
 fined after acquittal of crime because 
 of insanity. 1 L.R.A(N.S.) 547. 
 
 From covenant in lease as to payment of 
 taxes and assessments. L.R.A.1915A, 
 361. 
 
 DISCIPLINE. 
 
 Teacher's right to enforce, see SCHOOLS, 
 20-22. 
 
 Collusiveness of decisions of tribunals of 
 associations or corporations on ques- 
 tions of. 49 L.R.A. 354. 
 
 Master's liability for assault by superior 
 on inferior servant in way of disci- 
 pline. 8 L.R.A.(N.S.) 798. 
 
 DISCLOSURE. 
 
 Promoter's duty to make disclosure to cor- 
 poration. 18 L.R.A. (N.S.) 1107. 
 
 Validity of agreement for disclosure of in- 
 formation. 30 L.R.A. (N.S.) 279. 
 
 DISCONTINUANCE. 
 
 Of action or suit, see DISMISSAL AND DIS- 
 CONTINUANCE. 
 
 Of highway, see HIGHWAYS, 109-113. 
 
 Injunction against discontinuance of serv- 
 ice by corporation, see INJUNCTION, 
 35. 
 
 DISCONTINUANCE cont'd. 
 Enforcing payment for water by discon- 
 tinuing service, see WATERS, 117. 
 
 Right of street railway company to dis- 
 continue line in absence of statutory or 
 contractual provision to contrarv. 19 
 L.R.A.(N.S.) 866. 
 
 Right of public service corporation to dis- 
 continue service after tender of amount 
 due. L.R.A.1917C, 376. 
 
 DISCOUNT. 
 
 By bank, see BANKS, 37a. 
 
 Liability of stockholders on stock issued at 
 
 a discount, see COBPOBATIONS, 105. 
 Purchase of paper at discount as usury, see 
 
 USUBY, 8a. 
 
 For prompt payment of tax against nation- 
 al bank. 45 L.R.A. 756. 
 
 Right of one paying invalid tax for purpose 
 of obtaining discount to recover amount 
 paid. 28 L.R.A. (N.S.) 1045." 
 
 Effect of discounting note taken in payment 
 of debt. 35 L.R.A. (N.S.) 41. 
 
 Effect of provision for, if payment is made 
 at certain time. 46 L.R.A. (N.S.) 900. 
 
 Effect on negotiability of note of provision 
 for discount in event of payment before 
 maturity. 40 L.R.A.(N.S.) 177; L.R.A. 
 1915E, 564. 
 
 DISCOVERED DANGER. 
 
 As to doctrine of last clear chance gen- 
 erally, see NEGLIGENCE, 50-52. 
 
 Duty of railroad company after discovering 
 
 child in danger on track. 32 L.R.A. 
 
 (N.S.) 569. 
 Frightened horse on highway parallel with 
 
 railroad or a street railway. 33 L.R.A. 
 
 (N.S.) 129. 
 
 DISCOVERTURE. 
 
 Effect of new promise after, see HUSBAND 
 AND WIFE, 19. 
 
 Begin ivith this ftoofc on every laic question. 
 
 DISCOVERY AND INSPECTION. 
 
 1. Generally. 
 
 Discovery of mining claim, see MINES, 14. 
 
 Right of public to benefit of discoveries 
 made bv officer or employee. L.R.A. 
 1917B, 1183. 
 
 Discovery of mining claim. 7 L.R.A. (N.S.) 
 819. 
 
 Duty of property owner to discover tres- 
 passing child. 32 L.R.A. (N.S.) 565. 
 
 Reports to corporation by agents as privi- 
 leged communications. 6 L.R.A. (N.S.) 
 325.
 
 INDEX TO L.R.A. NOTES. 
 
 415 
 
 DISCOVERY AND INSPECTION cont'd. 
 2. Bill of discovery generally. 
 
 Injunction on bill of discovery, to aid de- 
 fense. 32 L.R.A. 325. 
 
 Order to enter premises for examination. 
 31 L.R.A. 169. 
 
 As affected by constitutional provision 
 against self-crimination. 29 L.R.A. 
 811. 
 
 Right to discovery by bill where the stat- 
 utes provide for the examination 
 of the party before trial. 24 
 L.R.A. 183. 
 
 Right to compel production of sealed packet, 
 or articles not of a documentary char- 
 acter, upon subpoena duces tecum. 3 
 B. R. C. 219. 
 
 Right to, where demand for autopsy stipu- 
 lated for in accident insurance policy 
 is refused. L.R.A.1915D, 1203. 
 
 Right to compel publisher of libel to dis- 
 close source of information. 12 L.R.A. 
 (N.S.) 636. 
 
 Right under statute to an order for the 
 examination of an adverse party to en- 
 able one to frame his pleadings. L.R.A. 
 1918C, 590. 
 
 Power of court to require owner of prem- 
 ises or property to permit inspection in 
 negligence cases. L.R.A.1917E, 838. 
 
 Conditions precedent to bill by creditors for 
 discovery of assets. 23 L.R.A. (N.S.) 
 120. 
 
 Personal liability of arbitrator to costs on. 
 42 L.R.A. (N.S.) 280. 
 
 3. Production or inspection of docu- 
 ments. 
 
 Right of party producing documents upon 
 notice, to use and control their use 
 as evidence. 15 L.R.A. 138. 
 
 Right to require production of books and 
 papers for inspection before trial, un- 
 der U. S. Rev. Stat. 724 (U. S. Comp. 
 Stat. 1901, p. 583). 10 L.R.A. (N.S.) 
 99. 
 
 Effect of calling for and inspecting docu- 
 ment to make it admissible in evidence. 
 33 L.R.A. (N.S.) 552. 
 
 Power to compel the production of corpo- 
 rate books to aid in assessing holder 
 of stock of his estate. 8 L.R.A. (N.S.) 
 788. 
 
 Refusal to produce books or papers in re- 
 sponse to subpoena upon ground that 
 they contain private matter. 29 L.R.A. 
 (NlS.) 716. 
 
 Right to review order granting or denying 
 motion for inspection of books or pa- 
 pers apart from appeal from final judg- 
 ment. 28 L.R.A. (N.S.) 516. 
 
 Denial of relation of attorney as affecting 
 right to summary order on attorney to 
 produce papers. 38 L.R.A. (N.S.) 207. 
 
 Loss or destruction of books, inventory, 
 etc., as excusing their production as re- 
 quired by policy. 28 L.R.A. (N.S.) 337. 
 
 Requiring attorney to produce documents 
 belonging to client as violation of 
 privilege. 48 L.R.A. (N.S.) 334. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DISCOVERY AND INSPECTION cont'd. 
 4. Inspection of books, papers, and 
 records generally. 
 
 Right to inspect books generally, see BOOKS, 
 3. 
 
 Right to inspect corporate books, see COK- 
 POEATIONS, 99. 
 
 Right of taxpayer to inspect books of mu- 
 nicipality, see MUNICIPAL CORPORA- 
 TIONS, 2. 
 
 Right to inspect public records, see REC- 
 ORDS AND RECORDING LAWS, 2. 
 
 Right to inspect records of title, see REC- 
 ORDS AND RECORDING LAWS, 33. 
 
 Right of policy holder to inspect books of 
 insurance company. 11 L.R.A. (N.S.) 
 1089. 
 
 Power of commission to compel production 
 of papers and records for inspection. 
 L.R.A.1917F, 1202. 
 
 May right of partner to inspect books of 
 firm be delegated to an agent. 2 B. R. 
 C. 976. 
 
 Inspection as rendering admissible paper 
 or document called for in favor of pro- 
 ducer. 33 L.R.A. (N.S.) 553. 
 
 Right, for purposes of cross-examination, to 
 inspect paper used by witness to refresh 
 recollection. 22 L.R.A. (N.S.) 706. 
 
 Duty to produce books or papers, pursuant 
 to subpoena duces tecum or order 
 of court as affected by their lo- 
 cation or control, or by considera- 
 tions of convenience or incon- 
 venience. L.R.A.1915B, 980. 
 
 Right of bank officer or employee to refuse 
 to disclose state of depositor's account. 
 L.R.A.1915D, 1061. 
 
 Right of corporation, corporate officer, or 
 other person having custody of its 
 books and papers, to refuse to produce 
 them on the ground that they may tend 
 to incriminate. 47 L.R.A.(N.S.) 1175. 
 
 Requiring attorney to produce papers be- 
 longing to client as violation of 
 privilege. 48 L.R.A. (N.S.) 334. 
 
 5. Physical examination. 
 
 Inspection in court, see EVIDENCE, VI. 
 
 Duty of injured employee seeking com- 
 pensation under Workmen's Compensa- 
 tion Act to submit to examination. 
 L.R.A.1917D, 174. 
 
 Power to compel plaintiff to -submit to a 
 physical examination. 14 L.R.A. 466; 
 23 L.R.A. (N.S.) 463; L.R.A.1915E, 936. 
 
 Waiver of right to object to physical exam- 
 ination or exhibition of person. 2 
 L.R.A.(N.S.) 386. 
 
 Right to compel public employee to submit 
 to physical examination to determine 
 fitness. 33 L.R.A.(N.S.) 359. 
 
 When does a refusal of an order for physi- 
 cal examination amount to an abuse 
 of discretion. 15 L.R.A. (N.S.) 663. 
 
 Does authority for physical examination of 
 a plaintiff in an action for personal in- 
 juries include X-ray examination. 41 
 L.R.A.(N.S.) 1071.
 
 INDEX TO L.R.A. NOTES. 
 
 DISCOVERY AND INSPECTION con fd. 
 
 M insure of compensation to physician em- 
 ployed to examine and report on physi- 
 cal condition of one who contemplates 
 bringing action for personal injuries. 
 25 L.R.A. (N.S.) 70. 
 
 Cross-examination of plaintiff in action for 
 personal injuries as tq his willingness 
 to submit to physical examination. 
 4.1 L.K.A.(N.S.) 622. 
 
 Admissibility against one spouse of evidence 
 of facts revealed by physical examina- 
 tion of other spouse who would be an 
 incompetent witness. 49 L.R.A. (N.S.) 
 563. 
 
 8 6. Inspection to discover defects. 
 
 Carrier's duty as to inspecting cars, " see 
 
 CARRIERS, 137. 
 Master's duty of inspection, see MASTER 
 
 DISCOVERY WORK. 
 
 In mine, see MINES, 16, 25. 
 
 DISCREDITING. 
 
 Of witness, see WITNESSES, 42, 43. 
 
 DISCRETION. 
 
 /. In general, 1-6. 
 II. Of court or judge, 7-11. 
 
 I. In general. 
 
 8 1. Generally. 
 
 As to number of liquor licenses, see INTOX- 
 ICATING LIQUORS, 13. 
 
 AND SERVANT. 98-102. 
 Inspection of chattels sold, see SALE, 38. 
 
 Discretion to refuse license for bank upon 
 Of passenger elevator. 2 L.R.A.(N.S.) 749; general considerations of public policy. 
 
 T T> A inlCT? TOfl f r f 
 
 L.R.A.1915E, 726. 
 
 Duty of gas company as to inspection of 
 existing equipment to prevent escape 
 or explosion of eras. 32 L.R.A. (N.S.) 
 810; L.R.A.1915E, 1023. 
 
 Street railway company's duty to inspect 
 track and street for defects. 52 L.R.A. 
 456. 
 
 Duty of municipality to inspect streets to 
 discover defects and obstructions. 20 
 L.R.A. (N.S.) 725. 
 
 Permitting of unauthorized inspection by 
 carrier as a conversion. 3 L.R.A. 
 (N.S.) 1136. 
 
 Is fraudulent representation by vendor of 
 extent or proportion of land of particu- 
 lar kind included within tract sold, 
 actionable where purchaser inspects 
 the land. 30 L.R.A. (N.S.) 55. 
 
 Validity of state inspection laws as ap- 
 plied to commodities in interstate com- 
 merce. L.R.A.1916D, 196. 
 
 7. of electric wires. 
 
 Duty of municipality to inspect electric 
 wires. 2 L.R.A. (N.S.) 475. 
 
 Duty to inspect electric wires over highway 
 22 L.R.A.(N.S.) 1172. 
 
 Duty to inspect wires strung along highway 
 1 B. R. C. 799. 
 
 8 8. shipper's duty to inspect car. 
 
 Shipper's duty to inspect car. 17 L.RA 
 (N.S.) 1034. 
 
 Validity of provision in carrier's contract 
 imposing responsibility of inspecting 
 cars on shipper. 36 L.R.A. (N.S.) 412. 
 
 8 9. of grain or meat. 
 
 Delegation by legislature to railroad com- 
 mission of power as to inspection of 
 grain. 32 L.R.A. (N.S.) 652. 
 
 Validity of state statute regulating inspec- 
 tion of meat which is subject of in- 
 
 terstate 
 677. 
 
 commerce. 27 L.R.A. (N.S.) 
 
 L.R.A. 1917D, 316. 
 
 As to amount of license fees. 30 L.R.A. 
 439. 
 
 Validity of ordinance granting discretion 
 to officials. 1 L.R.A. (N.S.) 940. 
 
 In choosing between bidders for public con- 
 tract. 38 L.R.A. (N.S.) 653. 
 
 Personal liability of highway officers in 
 matters of discretion. 22* L.R.A. 827 ; 
 52 L.R.A.(N.S.) 145. 
 
 Character and extent of relief by mandamus 
 against officer of, who has rendered a 
 decision on grounds not within his dis- 
 cretion. 7 L.R.A. (N.S.) 525. 
 
 Right of court to control discretion vested 
 by will in one person to determine 
 whether or when another is fit to re- 
 ceive a legacy or devise. 25 L.R.A. 
 (N.S.) 421. 
 
 Of presidential electors in voting. 43 
 L.R.A.(N.S.) 283. 
 
 Of school authorities as to excluding, sus- 
 pending, or expelling pupils. 50 L.R.A. 
 (N.S.) 267. 
 
 2. Of trustee. 
 
 Equitable control of discretion vested in 
 trustee. 8 L.R.A. (N.S.) 398. 
 
 Application of child's property to his sup- 
 port where trustees have discretion. 
 57 L.R.A. 734. 
 
 Of trustee in deed of trust to bring fore- 
 closure suit. 16 L.R.A.(N.S.) 1006. 
 
 3. Of public prosecutor. 
 
 Scope of discretion of public prosecutor 
 with respect to institution of proceed- 
 ings in nature of quo warranto. 15 
 L.R.A.(N.S.) 603. 
 
 8 4. Of military. 
 
 Of military when called to aid civ'l power. 
 65 L.R.A. 198. 
 
 8 5. Of legislature. 
 
 Of legislature to prescribe rules of anpor- 
 tionment of assessor nt for public ira- 
 
 Begin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 417 
 
 DISCRETION, I. cont'd. 
 6. In eminent domain. 
 
 To take less than might be taken in con- 
 demnation proceedings. 20 L.R.A. 751. 
 
 As to necessity for acquisition of water 
 supply by right of eminent domain. 58 
 L.R.A. 249. 
 
 Review of exercise of discretion as to 
 amount of land taken by eminent do- 
 main. 11 L.R.A.(N.S.) 943. 
 
 II. Of court or judge. 
 
 % 1. Generally. 
 
 Abuse of, see APPEAL AND ERROR, 29. 
 
 Superintending control over discretion of 
 lower court. 20 L.R.A.(N.S.) 949. 
 
 Mandamus to control discretion of judge 
 as to change of venue. L.R.A.1917i? 1 , 
 915. 
 
 Discretion of court as to penalty to be im- 
 posed upon a corporation for violation 
 of law. L.R.A.1915A, 892. 
 
 In requiring bond from guardian. 33 
 L.R.A. 763. 
 
 As to extent of punishment. 35 L.R.A. 
 563; L.R.A.1915C, 560. 
 
 Discretion as to penalty as ground for ad- 
 mitting to bail in case of crime punish- 
 able by death. 39 L.R.A. (N.S.) 771. 
 
 As to submission of issue of insanity in 
 criminal case. 38 L.R.A. 581. 
 
 As to specific performance of contract for 
 sale of realty or personalty within 
 statute of frauds. 28 L.R.A.(N.S.) 
 687. 
 
 Limitation of time for argument of counsel 
 for accused as abuse of discretion. 25 
 L.R.A.(N.S.) 1027. 
 
 As to granting leave to file bill of review 
 for newlv discovered evidence. 30 
 L.R.A. (N.S.) 1031. 
 
 When refusal of order for physical examin- 
 ation amounts to abuse of discretion. 
 15 L.R.A. (N.S.) 663. 
 
 As to person adjudged to pay cost of re- 
 ceivership where final judgment is 
 against party procuring receivership. 
 25 L.R.A. (N.S.) 418. 
 
 8. As to taking jurisdiction. 
 
 As to exercising equity jurisdiction over 
 suits affecting real property in another 
 state or country. 69 L.R.A. 678. 
 
 To decline jurisdiction over foreign corpo- 
 ration. 70 L.R.A. 538. 
 
 9. As to granting or refusing injunc- 
 tion. 
 
 To suspend injunction pending appeal. 38 
 L.R.A. (N.S.) 442. 
 
 As to granting of injunction against nui- 
 sance. 31 L.R.A. (N.S.) 884; L.R.A. 
 1916C, 1269. 
 
 10. As to evidence or view. 
 
 As to use of photograph as evidence. 35 
 
 L.R.A. 805; 51 L.R.A. (N.S.) 848. 
 As to view by jury. 42 L.R.A. 372. 
 
 DISCRETION, II. cont'd. 
 
 11. As to separation of jury. 
 
 In capital case. 24 L.R.A.(N.S.) 778. 
 
 In criminal cases other than capital after 
 
 finding but before rendition of verdict. 
 
 31 L.R.A.(N.S.) 1005. 
 
 Consult also L.R.A. Digests of Cases. 27 
 
 DISCRIMINATION . 
 
 1. Generally. 
 
 Unconstitutionality of, generally, see CON- 
 STITUTIONAL LAW, IX. b. 
 
 As to granting liquor license, see INTOXI- 
 CATING LIQUORS, ]4. 
 
 In license fee, see LICENSE, 46, 46a. 
 
 In annexation to, or extension of, city 
 boundaries, see MUNICIPAL CORPORA- 
 TIONS, 12. 
 
 Power of municipality as to, see MUNICIPAL 
 CORPORATIONS, 17. 
 
 In municipal contract, see MUNICIPAL COR- 
 PORATIONS, 54. 
 
 Against colored children, see SCHOOLS, 7. 
 
 In taxation, see TAXES, 8-12, 39, 93, 94. 
 
 As to privileges to wharf, see WHARVES, 
 9. 
 
 In abatement of nuisance by municipality. 
 36 L.R.A. 608. 
 
 In requiring payment of compulsory pilot- 
 age fees. 39 L.R.A. 181. 
 
 In primary election laws. 41 L.R.A. (N.S. ) 
 138; L.R.A.1917A, 263. 
 
 By landlord as to persons who shall use 
 premises, as an eviction. 27 L.R.A. 
 (N.S.) 637. 
 
 In interest rates. 2 L.R.A. (N.S.) 813. 
 
 In regulation of draymen. 45 L.R.A. (N.S.) 
 1158. 
 
 Effect of discrimination among insurants 
 upon the contract of insurance and its 
 incidents. 35 L.R.A.(N.S.) 485; 49 
 L.R.A.(N.S.) 147. 
 
 Law determining validity of discrimination 
 between residents and nonresidents in 
 assignment for creditors or insolvency 
 or bankruptcy proceedings. 65 L.R.A. 
 354, 368. 
 
 Agreement made at inception of insurance 
 policy with respect to payment of pre- 
 miums as discrimination or rebate. 
 L.RA.1918D, 194. 
 
 Libel or slander by charge of favoritism 
 against public officer or candidate. 
 L.R.A.1918E, 35. 
 
 2. By public service corporation. 
 
 Unconstitutionality of, generally, see CON- 
 STITUTIONAL LAW, IX. b. 
 
 By carrier, see CARRIERS, 150-153, 159. 
 
 Between express companies, see EXPRESS 
 COMPANIES, 2. 
 
 In telephone rates, see TELEPHONES, 6. 
 
 In water rates, see WATERS, 122. 
 
 By public service corporation by requiring 
 payment of rental in advance. 31 
 L.R.A. (N.S.) 315. 
 
 Right of water or light company to discrim- 
 inate between consumers as to rate. 61 
 L.R.A. 113; 27 L.R.A.(N.S.) 674; 
 L.R.A.1915D, 1086.
 
 418 
 
 INDEX TO L.R.A. NOTES. 
 
 DISEASE. 
 
 DISHONOR. 
 
 Of animals, see ANIMALS, 17. 
 
 Contagious diseases, see CONTAGIOUS 
 
 J)|SKASKS. 
 
 Opinion evidence as to cause of, see EVI- 
 DENCE, 187b. 
 
 Protection against, see HEALTH, 6-10. 
 
 Representations and warranties by insured 
 as to, see INSURANCE, 93, 94, 96. 
 
 Municipal liability for spread of, see MU- 
 NICIPAL CORPORATIONS, 76. 
 
 Distinguished from accident. 30 L.R.A. 
 209. 
 
 Aa defense for breach of promise to marry. 
 35 L.R.A. 531. 
 
 Condonation of loathsome disease as de- 
 fense to action for divorce. 5 L.R.A. 
 (N.S.) 729. 
 
 As affecting testamentary capacity. 27 
 L.R.A.(N.S.) 30; L.R.A.1915A, 450. 
 
 Effect of, to create irresistible impulse. 18 
 L.R.A. 228. 
 
 Effect of previous disease of person injured 
 on liability for causing injuries. 16 
 L.R.A. 268; 48 L.R.A. (N.S.) 119. 
 
 Allowance for aggravation of existing 
 disease in fixing damages for death. 
 17 L.R.A. 71. 
 
 Effect on criminal responsibility for death 
 of disease intervening or concurring to 
 cause death. 51 L.R.A. (N.S.) 877. 
 
 Recovery for, under workmen's compensa- 
 tion act. L.R.A.1916A, 106, 289; L.R.A. 
 1917D, 113. 
 
 Effect on recovery under Workmen's Com- 
 pensation Act of fact that pre-existing 
 disease contributed to or prolonged the 
 incapacity of the injured workman. 
 L.R.A.1917D, 110. 
 
 Mental anguish because of exposure to, as 
 element of recovery in telegraph cases. 
 49 L.R.A. (N.S.) 238. 
 
 Previous diseased condition as affecting lia- 
 bility under insurance policy for death 
 or injury from accident. 52 L.R.A. 
 (N.S.) 1203. 
 
 Liability under accident policy excepting or 
 limiting liability for loss resulting from 
 disease where diseased condition results 
 from accident. 6 B. R. C. 530. 
 
 Of check, see BANKS, 26. 
 
 Of note transferred after maturity, effect 
 of, as to interest, instalments, or part 
 of series. 46 L.R.A. 799. 
 
 DISINHERITANCE. 
 
 See WILLS, 68. 
 
 DISINTERMENT. 
 
 See CORPSE, 5. 
 
 DISJUNCTIVE ALLEGATIONS. 
 
 Use of disjunctive "or" in indictment charg- 
 ing kind or quality of liquor sold. 51 
 L.R.A.(N.S.) 133. 
 
 DISLOCATION. 
 
 Liability of physician for failure to diag- 
 nose. 28 L*.R.A.(N.S.) 136. 
 
 --* 
 DISLOYALTY. 
 
 Libel or slander by imputing sedition or 
 disloyalty. L.R.A.1917D, 861. 
 
 Prosecutions under the Espionage Act of 
 June 15, 1917, for encouraging. L.R.A. 
 ,1918F, 410. 
 
 DISFIGUREMENT. 
 
 Menial suffering arising from contempla- 
 tion of, as element of damage for per- 
 sonal injuries. 15 L.R.A. (N.S.) 775- 
 L.R.A.1916E, 898. 
 
 DISFRANCHISEMENT. 
 
 Of voters, see ELECTIONS, 7. 
 
 DISHERISON. 
 
 SIT WILLS. 68. 
 
 Bcftin u-itli this book on every law question. 
 
 DISMISSAL AND DISCONTINU- 
 ANCE. 
 
 1. Generally. 
 
 Of appeal, see APPEAL AND ERSOR, 25. 
 Discontinuance of eminent domain proeord- 
 
 ings, see EMINENT DOMAIN, 30. 
 As to no'nsuit or direction of verdict, see 
 
 TRIAL, 5G-59. 
 
 Liability on replevin bond where suit is 
 dismissed or discontinued without a 
 judgment for the return of the property. 
 L.R.A.1917A, 1191. 
 
 Pendency of dismissed suit as bar to action 
 in other court. 42 L.R.A. 459. 
 
 Ot pending litigation as affording consider- 
 ation for a compromise. 25 L.R.A. 
 (N.S.) 299. 
 
 Discontinuance of proceedings by manda- 
 mus to restore to office one who has 
 been illegally removed. 19 L.H.A. 
 (N.S.) 83. 
 
 Of suit to defeat attorney's lien or claims 
 to compensation. 5 L.R.A. (N.S.) 390. 
 
 Duty of court, in absence of objection by de- 
 fendant, to dismiss suit for divorce not 
 brought within time allowed by statute 
 after cause given. 26 L.R.A. (N.S.) 
 490.
 
 INDEX TO L.R.A. NOTES. 
 
 419 
 
 DISMISSAL AND DISCONTINUANCE 
 
 cont'd. 
 Effect on suit of discharge from arrest of 
 
 one arrested while attending court. 19 
 
 L.R.A. 560. 
 Jurisdiction of court to enter final judg- 
 
 ment upon dismissal or nonsuit. 26 
 
 L.R.A.(N.S.) 914. 
 
 2. Voluntary. 
 
 Right of appellant to dismiss appeal or 
 writ of error. L.R.A.1917A, 113. 
 
 Effect of appeal or right of appeal upon 
 plaintiff's right to dismiss action. 
 L.R.A1917C, 133. 
 
 By plaintiff, bringing suit for all similarly 
 situated. 46 L.R.A. 839. 
 
 Injunction against judgment obtained by 
 fraudulent agreement to dismiss. 30 
 L.R.A. 788. 
 
 Power of court to protect attorney who has 
 taken case on contingent fee. against 
 voluntary dismissal by claimant with- 
 out his consent. 34 L.R.A. (N.S.) 1095. 
 
 Right to dismiss or withdraw proceedings 
 to probate or contest a will or issues 
 thereunder. 39 L.R.A. (N.S.) 121. 
 
 Right of condemning party to dismiss con- 
 demnation proceedings after award or 
 verdict and before confirmation or 
 judgment. 28 L.R.A.(N.S.) 93. 
 
 Right to dismiss proceeding in nature of 
 writ inquirendo de lunatico. 51 L.R.A. 
 (N.S.) 1191. 
 
 3. Of party. 
 
 As to one joint tort feasor, effect on liabil- 
 ity of others. 58 L.R.A. 303. 
 
 4. Of criminal prosecution. 
 
 Power of public prosecutor to dismiss pros- 
 
 ecution. 35 L.R.A. 701. 
 Power to recall dismissal of prosecution. 
 
 35 L.R.A. 736. 
 Necessity of consent of court to entry of 
 
 nolle prosequi in a criminal case. 45 
 
 L.R.A.(N.S.) 1123. 
 
 5. Power of attorney as to. 
 
 Power of attorney to discontinue suit. 4 
 
 L.R.A. (N.S.) 244. 
 Right of attorney to enter retraxit. 25 
 
 L.R.A.(N.S.) * 
 
 6. Judgment of dismissal. 
 
 Conclusiveness of judgment of dismissal 
 see JUDGMENT, 33 a. 
 
 Collateral attack for fraud not affecting 
 jurisdiction on judgment of. 36 
 L.R.A. (N.S.) 984. 
 
 Possibility of appeal from dismissal of 
 garnishment or attachment as affecting 
 right to withhold property from debtor. 
 L.R.A.1917B, 591. 
 
 DISOBEDIENCE. 
 
 1. Generally. 
 
 As a contempt, see CONTEMPT, 8, 9. 
 Of orders, see MOTIONS AND ORDERS, 4. 
 Conn-nit alto J..R.A. />ir/esf.s of Cases. 
 
 DISOBEDIENCE cont'd. 
 
 Of physician's orders as affecting remedy 
 of injured person against the person 
 injuring him. 49 L.R.A. 827. 
 
 Power to punish disobedience to orders in 
 case by striking out pleadings, 4 
 L.R.A.(N.S.) 1185; 27 L.R.A. (N.S.) 
 1062. 
 
 2. By servant. 
 
 Disobedience of rules as contributory neg- 
 ligence, see MASTER AND SERVANT, 
 125. 
 
 Master's liability to third person for 'acts 
 of servant while disobeying orders, see 
 MASTER AND SERVANT,, 384. 
 
 Discharge of emplovee for disobedience ef 
 regulations. 37" L.R.A. (N.S.) 950. | 
 
 Disobedience of orders as incompetence 
 within rule as to master's duty 'to furn- 
 ish competent fellow servants. 30 
 L.R.A. (N.S.) 309. 
 
 DISORDERLY CONDUCT. 
 
 Eavesdropping, see EAVESDROPPING. 
 
 Sufficiency of tender of fare accompanied 
 bv disorderly conduct to prevent ejec- 
 tion. 31 L.R.A.(N.S.) 994. 
 
 What constitutes within meaning of liquor, 
 dealer's bond. L.R.A.1916E, 273. 
 
 DISORDERLY HOUSES. 
 
 1. In general. 
 
 Injunction against, see INJUNCTION, 28a x 
 License of, see LICENSE, 24. 
 
 Several offenses growing out of same facts.' 
 31 L.R.A.(N.S.) 707. 
 
 Municipal regulation of nuisance of.' 39 
 L.R.A. 521. 
 
 Sale of goods to keeper or inmate of house- 
 of ill fame. L.R.A.3917B. 3168. 
 
 Insurance on bawdyhouse or furniture there- 
 in. 18 L.R.A. (N.S.) 214; L.R.A.. 
 W17B, 2f>7. 
 
 Husband or wife as witnesses against the- 
 other in prosecution for keeping. L.R.A. 
 193 7E, 1133. i 
 
 Evidence of character of defendant and in- 
 mates in prosecution for keeping. 20^ 
 L.R.A. 610. 
 
 Slander in charging one with keeping. 24' 
 L.R.A.(N.S.') 603; 48 L.R.A. (N.S.) 616. 
 
 Defamation of occupants of house by im- 
 puting to it a disorderly character, 
 48 L.R.A. (N.S.) 256. 
 
 Criminal responsibility of lessor .of dis- 
 orderly house. 44" L.R.A. (N.S.) S. v >i). 
 
 Necessity of corroborating evidence as to 
 reputation of house to support a con- 
 viction for keeping disorderly house. 
 46 L.R.A.(N.S.) 593. 
 
 Validity of statute making repute .of house 
 prima facie proof of character. L.R.A.. 
 
 1915C, 734. 
 
 '
 
 124 
 
 INDEX TO L.R.A. NOTES. 
 
 MxtFtDERLY HOUSES cont'd. 
 
 of property found in huwdyhouse. 
 " 
 
 24 L.R.A. (N.S.) 
 
 g 2. \\ II.-H are. 
 Usurious loan office as. 
 507. 
 
 3. Suppression of. 
 
 Validity of statutes or ordinances against 
 
 luiwdyhouses. L.R.A.1917B, 1078. 
 Abatement of or injunction against bawdy- 
 
 house. L.R.A.1918D, 819. 
 l!\ owner or occupant of neighboring 
 
 property. 11 L.R.A.(NJS.) 1060; 
 
 42 L.R.A.(N.S.) 1041; L.R.A. 
 
 1918D, 819. 
 
 1. Punishment for keeping. 
 Cruel and unusual punishment for keeping. 
 35 L.R.A. 571; L.R.A.1916C, 566. 
 
 DISORDERLY LANGUAGE. 
 
 As disturbance of public peace. 32 L.R.A. 
 (N.S.) 505; L.R.A.1918F, 941. 
 
 DISORDERLY PERSONS. 
 
 Power of municipality as well as state to 
 
 punish. 17 L.R.A. (N.S.) 52. 
 Fortune tellers as. 43 L.R.A. (N.S.) 203. 
 Bringing wife in contact with prostitutes 
 
 as ground for divorce. 43 L.R.A. (N.S.) 
 
 964. 
 Right of innkeeper to refuse to accept as 
 
 guests. 52 L.R.A. (N.S.) 744. 
 Arrest without warrant of women soliciting 
 
 or accosting men. L.R.A.1917D, 697. 
 Statute or ordinance making it an offense to 
 
 associate with direputable persons. 
 
 L.R.A.1917F, 904. 
 
 DISPENSARIES. 
 
 Validity of quasi prohibitory .laws known 
 as '"dispensary acts." 15 L.R.A.(N.S.) 
 946. 
 
 Right of municipal corporation to operate 
 liquor dispensary. 31 L.R.A. (N.S.) 117. 
 
 DISPOSITION. 
 
 Misrepresentation as to, as around for an- 
 nulment of marriage. 30 L.R.A. (N.S.) 
 301. 
 
 DISPUTE. 
 
 Submission of, to arbitration, see ARBITRA- 
 
 TION-. 
 
 DISPUTE cont'd. 
 
 Validity of regulations requiring passenger 
 
 to pav fare in case of. 2 L.R.A. 
 
 (N.S.f 695. 
 
 DISPUTED CLAIMS. 
 
 Accord and satisfaction by part payment of. 
 
 20 L.R.A. 795. 
 Discontinuing service to compel payment of 
 
 disputed water bills. 31 L.R.A.(N.S.) 
 
 302. 
 
 DISQUALIFICATION. 
 
 Of judge, see JUDGES, 3, 4. 
 Of juror, see JUBY, III. b. 
 
 Of one employed as attorney in other pro- 
 ceedings to serve as commissioner or 
 juror in eminent domain proceedings. 
 47 L.R.A.(N.S.) 169. 
 
 Effect on public election of wrongful dis- 
 qualification of sufficient number of 
 voters to have changed the result. 38 
 L.R.A.(N.S.) 1007. 
 
 DISSATISFACTION. 
 
 See SATISFACTION. 
 
 DISSEISIN. 
 
 See ADVERSE POSSESSION; EJECTMENT, 6. 
 
 DISSENSION. 
 
 Dissension in management of corporation 
 as ground for appointment of receiver. 
 L.R.A.1918D, 229. 
 
 DISSOLUTION. 
 
 Of attachment, see ATTACHMENT, 18. 
 
 Of benefit association, see BENEVOLENT SO- 
 CIETIES, 5. 
 
 Of club, see CLUBS, 3. 
 
 Of corporation, see COBPORATIONS, IX. 
 
 Of insurance company, see INSURANCE, 
 0. 10. 
 
 Of partnership, see PARTNERSHIP, 29- 
 49. 
 
 Of injunction, see INJUNCTION, 88. 
 
 u-ith this booJt on every fate question. 
 
 DISTANCE. 
 
 Proximrte cause of damage from fire as af- 
 fected by. 42 L.R,A.(N.S.) 759.
 
 INDEX TO L.R.A. NOTES. 
 
 421 
 
 DISTANCE cont'd. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 695. 
 
 DISTILLED LIQUORS. 
 
 Sufficiency of delivery of distilled liquors 
 sold out of larger lot. 26 L.R.A.(N.S.) 
 36. 
 
 DISTILLERS. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond of. L.R.A.1917B, 990. 
 
 DISTINGUISHING MARK. 
 
 On ballot, see ELECTIONS, 21. 
 
 DISTRAINT. 
 
 For rent, see LANDLORD AND TENANT, 
 91-93. 
 
 DISTRESS. 
 
 For rent, see LANDLOBD AND TENANT, 
 91-98. 
 
 Use of distress warrant to enforce payment 
 of compensation for use of property 
 other than land. 11 L.R.A.(N.S.) 836. 
 
 DISTRIBUTION. 
 
 In general, see DESCENT AND DISTRIBUTION; 
 EXECUTORS AND ADMINISTRATORS. 
 
 Of assets of insolvent insurance company. 
 38 L.R.A. 97. 
 
 DISTRICT AND PROSECUTING 
 ATTORNEY. 
 
 1. Generally. 
 
 Argument or comment as ground for re- 
 versal, see APPEAL AND ERROR, 37. 
 
 Argument of, generally, see TBIAL. 15, 
 16. 
 
 Reference to witnesses by, see WITNESSES, 
 8. 
 
 Liability for false arrest or imprisonment, 
 see FALSE IMPRISONMENT, 7a. 
 
 Right of prosecutrix in bastardy proceed- 
 ings to private counsel. 33 L.R.A. 
 (N.S.) 463. 
 
 Delay of prosecution d le to neglect to pro- 
 vide prosecuting attorney as ground 
 for discharge of accused. 36 L.R.A. 528. 
 
 Consult also L.R.A. Digests of Caws. 
 
 DISTRICT AND PROSECUTING ATTOR- 
 NEY cont'd. 
 
 Does privilege as to communication or in- 
 formation acquired by physican extend 
 to physician employed by. 16 L.R.A. 
 (N.S.) 886; L.R.A.1915F, 892. 
 
 Advice of, as defense to action for malicious 
 prosecution. 18 L.R.A. (N.S.) 71. 
 
 Improper influence or interference with 
 grand jury by. 28 L.R.A. 368. 
 
 Right of prosecuting attorney to compensa- 
 tion from individual. 39 L.R.A. ( N.S. ) 
 81. 
 
 Right to represent individuals having an 
 interest adverse to or dissociated from 
 the public interest. L.R.A.1918F, 832. 
 
 Liability to action for malicious prosecu- 
 tion. L.R.A.1917F, 699. 
 
 2. Who may act as, or assist. 
 
 Eligibility of women to office of prosecuting 
 attorney. 27 L.R.A.(N.S.) 532 
 
 Extent of restriction on right of unlicensed 
 person to act as, or assist, prosecuting 
 attorney. 24 L.R.A. (N.S.) 753. 
 
 Extent of restriction on right of disbarred 
 or suspended attorney to act as prose- 
 cuting attorney. 24 L.R.A. (N.S.) 756. 
 
 Right of accused to complain because prose- 
 cution is conducted or assisted by un- 
 official member of bar. 24 L.R.A. 
 (N.S.) 564; 47 L.R.A.(N.S.) 1106. 
 
 3. Powers of. 
 
 Power to dismiss criminal prosecution, soe 
 CRIMINAL LAW, 40. 
 
 Power to grant immunity to witness. L.R.A. 
 1918A, 376, 
 
 Scope of discretion of, with respect to insti- 
 tution of proceedings in nature of quo 
 warranto. 15 L.R.A. (N.S.) 603. 
 
 Quo warranto by as matter of right. 1 
 L.R.A.(N.S.) 826. 
 
 4. As witness. 
 
 See WITNESSES, 16. 
 
 5. Confession to. or induced l>y, 
 
 Voluntariness of confession elicited by ques- 
 tions from. 18 L.R.A. (N.S.) 80J. 
 
 Voluntariness of confessions to. 18 L.R.A. 
 (N.S.) 849. 
 
 DISTRICT COURTS. 
 
 Jurisdiction of civil actions against con- 
 sul. 45 L.R.A. 581. 
 
 DISTRICT MESSENGER. 
 
 Duty and liability for conduct of. 2 L.R.A. 
 
 (N.S.) 1093. 
 Liability for personal injury caused by. 
 
 L.R.A.1918D, 360. 
 
 DISTRICT OF COLUMBIA. 
 
 Citizenship in, as affecting jurisdiction of 
 Federal court on ground of diverse 
 citizenship. 1 L.R.A. 108.*
 
 422 
 
 DISTRICTS. 
 
 School districts, see SCHOOLS, 
 
 IM)KX TO L.R.A. NOTES. 
 
 27, 28. 
 
 DISTURBING MEETING. 
 
 rliar:ict-r of mrrt ing essential to the of- 
 fense of disturbing a meeting. 30 
 !,K.A.(N.S.) 829; 45 L.R.A. (N.S.) 108. 
 
 < ruol and unusual punishment for. L.R.A. 
 i '.i:>r. f>70. 
 
 Injunction to prevent disturbance of religi- 
 ous worship. L.R.A.1917D, 996. 
 
 DISTURBING PUBLIC PEACE. 
 
 1 )!.-(. id. ilv language : as disturbance of 
 : public peace. 32 L.R.A. (N.S.) 505. 
 
 DITCH. 
 
 For drainage purposes, see DRAINS AND 
 
 SEWERS. 
 For irrigation, see WATERS, 92. 
 
 When does statute of limitations commence 
 to run against action for damages 
 caused by seepage from ditch. 23 
 L.R.A.(N.S.) 795. 
 
 Duty as to establishment and maintenance 
 of bridges over ditches for use of ad- 
 joining owners. L.R.A.1915E, 687. 
 
 DIVERSE CITIZENSHIP. 
 
 As ground for Federal jurisdiction, see 
 
 COURTS, 42, 43. 
 Removal of cause to Federal court because 
 
 of, see REMOVAL OF CAUSES, 7-9. 
 
 DIVERSION. 
 
 DIVESTITURE OF ESTATES. 
 
 See DEVESTITURE OF ESTATES. 
 
 DIVIDED COURT. 
 
 Collusiveness on subsequent appeals of pri- 
 or decisions by. 34 L.R.A. 346. 
 
 DIVIDENDS. 
 
 Apportionment of, see APPORTIONMENT, 2. 
 Of stock, see CORPORATIONS, 100-102. 
 On insurance policy, see INSURANCE, 40. 
 
 Interest on dividend declared by receiver. 
 
 L.R.A.1917D, 1167. 
 Representations or estimate of insurance 
 
 company as to. L.R.A.1918F, 343. 
 
 DIVISIBILITY. 
 
 Of contract, see CONTRACTS, 62. 
 
 Of insurance, see INSURANCE, 61, 62. 
 
 DIVISION. 
 
 Of municipality, see MUNICIPAL CORPORA- 
 TIONS, 13. 
 
 Of religious society, see RELIGIOUS SOCIETY, 
 4, 5. 
 
 Of water rights, see WATERS, 35. 
 
 DIVISION FENCE. 
 
 See FENCES, 2, 3. 
 
 DIVORCE AND SEPARATION. 
 
 I. 
 II. 
 
 III. 
 IV. 
 
 Of accommodation paper, see BILLS AND 
 NOTES, 74. 
 
 From purpose for which property was dedi- 
 cated, see DEDICATION, 8. 
 
 Of water, see WATERS, 51, 52, 64, 70, 76. 
 
 Of property donated for public library to 
 other uses. 45 L.R.A. (N.S.) 3fi8. 
 
 Right of labor union to divert trade from 
 one with whom it is in controversy. 1 
 B. R. C. 245. 
 
 Right of taxpayer in absence of statute to 
 enjoin diversion of funds by municipal- 
 ity. 30 L.R.A.(N.S.) 8. 
 
 Right of shipper to demand a redelivery or 
 to divert the property at an inter- 
 mediate point. L.R.A.1918B, 79. 
 
 iritli this book OH rrrri/ lair question. 
 
 In general, 1-3. 
 Suit for divorce, and jurisdiction 
 thereof, 4-19. 
 
 a. In general, 4-6. 
 
 b. Jurisdiction, 7-12. 
 
 c. Decree of divorce, 13-19. 
 
 1. In general, 13. 
 
 2. Validity, effect, and con- 
 
 clusiveness, 14, 15. 
 
 3. Attack upon, 16- If). 
 Grounds, 2O-29. 
 
 "Defenses; collusion; condonation; 
 
 recrimination, 3O-33. 
 Alimony ; counsel fees, 34-49. 
 
 a. In general, 34-4Oa. 
 
 b. Independent suit for, 41, 
 
 42. 
 
 c. Remedies; enforcement, 
 
 42a-45. 
 
 d. Modification; termination of 
 
 right, 45a-48. 
 
 e. Lien for, 49.
 
 INDEX TO L.R.A. NOTES. 
 
 423 
 
 DIVORCE AND SEPAEATION cont'd. 
 T'l. Effect on property rights, 5O- 
 
 54. 
 VII. Custody and support of children, 
 
 55-57. 
 
 VIII. Agreements relating to divorce or 
 separation, 58. 
 
 I. In general. 
 
 1. Generally. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 14. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 68. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 29. 
 
 Liability for causing separation, see HUS- 
 BAND AND WIFE, 66, 67. 
 
 As to remarriage after divorce, see MAR- 
 RIAGE, ]2, 15. 
 
 As to annulment of marriage, see MAR- 
 BIAGE, 16-20. 
 
 Liability of husband for necessaries fur- 
 nished wife while living apart from 
 him, pending suit for divorce. L.R.A. 
 1917A, 966. 
 
 Divorce or separation as affecting action 
 for alienation of affections or criminal 
 conversation. 46 L.R.x\.(N.S.) 1084. 
 
 Effect of divorce or separation on domicil 
 of children. 49 L.R.A. (N.S.) 864. 
 
 Status of child begotten after divorce be- 
 tween parents. 51 L.R.A. (N.S.) 308. 
 
 Devises or bequests conditioned upon divorce 
 or separation, or limited upon its con- 
 tinuance. 40 L.R.A. (N.S.) 637. 
 
 Maxim raising implied exception in statutes 
 as to divorce. 25 L.R.A. 565. 
 
 Validity of agreement to marry on divorce 
 of present husband or wife. 52 L.R.A. 
 660; 1 B. R. C. 919. 
 
 Validity of divorce according to Indian cus- 
 tom. 35 L.R.A. (N.S.) 795; L.R.A. 
 1917D, 574. 
 
 Divorced wife as a "dependent" within re- 
 strictions as to beneficiaries of mutual 
 benefit associations. 2 L.R.A. (N.S.) 
 655. 
 
 Belief that divorce from former spouse has 
 been obtained as defense to prosecution 
 for bigamy. 27 L.R.A. (N.S.) 1102. 
 
 Seduction of divorced woman. 21 L.R.A. 
 (N.S.) 265; L.R.A.1916D, 458. 
 
 2. Presumption as to. 
 
 See EVIDENCE, 29. 
 
 3. Legislative divorce. 
 
 Validity of. 18 L.R.A. 95. 
 
 II. Suit for divorce, and jurisdiction 
 thereof. 
 
 a. In general. 
 
 4. Generally. 
 
 Sufficiency of allegations, see PLEADING, 
 
 32. 
 Consult also L.R.A. Digests of Cases. 
 
 DIVORCE AND SEPARATION, II. a 
 cont'd. 
 
 May original petition or complaint which 
 states no cause of action be aided by 
 supplemental pleading. L.R.A. 19161), 
 680. 
 
 Actions on behalf of insane persons. 34 
 L.R.A. 166. 
 
 Right to join prayer for return of plain- 
 tiff's property with prayer for divorce. 
 29 L.R.A. (N.S.) 819. 
 
 Necessity of corroboration of admission or 
 testimony of party to divorce in rela- 
 tion to his or her mental suffering, in- 
 tent, or other state of mind. 25 L.R.A. 
 (N.S.) 45. 
 
 Duty of court, in absence of objection by 
 defendant, to dismiss suit for divorce 
 because not brought within the time 
 allowed by statute after cause given. 
 26 L.R.A. (N.S.) 490. . 
 
 Pendency of suit for divorce or separation 
 as bar to another suit in same state. 
 40 L.R.A. (N.S.) 83. 
 
 5. Actions in different jurisdictions. 
 
 Suits for same cause in different jurisdic- 
 tions. 59 L.R.A. 187. 
 
 Injunction against divorce suit in other 
 state. 21 L.R.A. 75. 
 
 6. Compromise of suit. 
 
 Validity of contract between husband and 
 wife to compromise pending or con- 
 templated divorce suit. 60 L.R.A. 
 406. 
 
 6. Jurisdiction. 
 
 7. Generally. 
 
 Jurisdiction in equity, see EQUITY, 12. 
 To annul marriage, see MARRIAGE, 17. 
 
 Jurisdiction of chancery to decree nullity 
 or dissolution of marriage. 25 L.R.A. 
 800. 
 
 Jurisdiction to award temporary alimony, 
 suit money, and counsel fees, pending 
 appeal in divorce suit. 27 L.R.A. 
 (N.S.) 712. 
 
 Jurisdiction to award custody of child tem- 
 porarily within state, but domiciled 
 elsewhere. 10 L.R.A. (N.S.) 690. 
 
 8. Domicil or residence as affecting- 
 
 Domicil as basis of jurisdiction of divorce. 
 59 L.R.A. 142. 
 
 Questioned domicil of spouse granted divorce 
 as basis of attack on decree. L.R.A. 
 1917B, 439. 
 
 Character of residence essential to give ju- 
 risdiction in divorce proceeding. 12 
 L.R.A. (N.S.) 1100; 28 L.R.A. (.N.S. ) 
 992; L.R.A. 191 5D, 852. 
 
 Local domicil or residence as a condition of 
 jurisdiction of action for annulment of 
 marriage. 30 L.R.A. (N.S.) 745. 
 
 Jurisdiction of court of state of matri- 
 monial domicil to grant a divorce upon
 
 424 
 
 INDEX TO L.R.A. NOTES. 
 
 1)1 \i>K(K AND SEPARATION, II. b 
 cont'd. 
 
 constructive service of process against 
 defendant who is out of jurisdiction 
 7 I-.H.A.iN.S.) 112;. 
 
 Award of alimony against nonresident in 
 divorce suit involving international ele- 
 ments. 59 L.R.A. 178. 
 
 l.tft't-t of appearance by nonresident to give 
 jurisdiction in divorce case. 23 L.R.A. 
 287; 59 L.R.A. 169; L.R.A.1917B, 1041. 
 
 Impeaching decree of divorce rendered in 
 another state on ground of nonresi- 
 dence or domicil of person in whose 
 favor it was granted. 23 L.R.A. (N.S.) 
 1264. 
 
 Constitutionality of discrimination as to 
 jurisdictional requisite of residence in 
 divorce suit. L.R.A.1916A, 710. 
 
 Effect of immediate departure from state 
 after procuring divorce. 44 L.R.A. 
 (N.S.) 689. 
 
 Necessity of alleging jurisdictional resi- 
 dence in divorce proceeding. 12 L.R.A. 
 (N.S.) 1197. 
 
 Amendment of complaint in suit for divorce 
 or separation so as to show residence 
 or domicil. 48 L.R.A. (N.S.) 779. 
 
 g 9. of wife. 
 
 Domicil of wife for purposes of divorce. 16 
 
 L.R.A. 497 ; 59 L.R.A. 146. 
 Right of wife to acquire a separate domicil 
 
 for the purposes of a divorce suit by 
 
 her. 38 L.R.A.(N.S.) 297. 
 
 10. Of person or res; constructive 
 service. 
 
 Award of alimony on constructive service, 
 see infra, 38. 
 
 Decree rendered upon constructive service 
 (including effect in another state or 
 country). 19 L.R.A. 814; 59 L.R.A. 
 162; 7 L.R.A.(N.S-) 1127; 18 L.R.A. 
 (N.S.) 647; L.R.A.1917B, 1032. 
 
 11. Jurisdiction of subject-matter. 
 
 Domicil as basis of jurisdiction. 59 L.R.A. 
 142. 
 
 Place of marriage and of original matri- 
 monial domicil. 59 L.R.A. 151. 
 
 Place of marital offense. 59 L.R.A. 154. 
 
 Time of marital offense relatively to acquisi- 
 tion of domicil at forum. 59 L.R.A. 
 155. 
 
 12. Effect of appearance by nonresi- 
 dent. 
 
 Appearance, generally. 23 L.R.A. 287; 59 
 L.R.A. 169; L.R.A.1917A, 1041. 
 
 c. Decree of divorce. 
 
 1. In general. 
 
 13. Generally. 
 
 Temporary alimony or counsel fees pending 
 appeal or attempt to set aside, see 
 infra, 40. 
 
 Suit for alimony after decree of divorce, see 
 infra. 42. 
 
 Begin irith this book on every law question. 
 
 DIVORCE AND SEPARATION, II. c, 1 
 
 cont'd. 
 Right to enter decree of divorce against the 
 
 objection of the spouse aggrieved. 22 
 
 L.R.A. (N.S.) 999. 
 
 2. Validity, effect, and conclusiveness^ 
 
 14. Generally. 
 
 Effect of divorce on property rights, see 
 
 infra, VI. 
 
 Decree against plaintiff in suit for divorce 
 as bar to subsequent divorce ac- 
 tion. 26 L.R.A. (N.S.) 577. 
 Conclusivencss, as to third persons, of de- 
 cree in suit for divorce as to the 
 facts adjudicated, as distinguished 
 from the status established. 38 
 L.R.A. (N.S.) 559; L.R.A.1915C, 
 870. 
 
 Judgment in civil action as evidence, in a 
 criminal prosecution, to prove divorce 
 obtained before alleged bigamous mar- 
 riage. 26 L.R.A. (N.S.) 465. 
 Validity of agreement to marry as affected 
 by disabilities imposed by decree of di- 
 vorce. 1 B. R. C. 922. 
 
 15. Decree of other state or country. 
 
 Attack on, see infra, 17. 
 
 Validity of divorce decree granted by court 
 of a foreign country. 19 L.R.A. 
 515. 
 
 Extraterritorial effect of decree of divorce 
 rendered upon constructive service. 18 
 L.R.A. (N.S.) 647; L.R.A.1917B, 1032. 
 
 Marrying out of state contrary to decree 
 as contempt of court. 40 L.R.A. (N.S.) 
 765. 
 
 Invalidity in other state of personal judg- 
 ment for alimony against nonresident 
 not personally served and not appear- 
 ing. 9 L.R.A.(N.S.) 593; L.R.A.1917F, 
 1161. 
 
 Valid decree of divorce granted in one state 
 as affecting independent suit for ali- 
 mony in another. 34 L.R.A. (N.S.) 
 1106; L.R.A.1915E, 421. 
 
 Effect, in third state, of decree upholding a 
 foreign divorce. 2 L.R.A. (KS.) 325. 
 
 Extraterritorial effect of judgment award- 
 ing custody of children upon divorce of 
 parents. 39 L.R.A. (N.S.) 988; L.R.A. 
 1915B, 154. 
 
 Effect of foreign divorce upon dower. 59 
 L.R.A. 181; 41 L.R.A. (N.S.) 219. 
 
 3. Attach upon decree. 
 
 16. Generally. 
 
 Award of temporary alimony or counsel fees 
 pending attempt to set aside decree of 
 divorce or separation, see infra. 40. 
 
 Contract made to prevent attack upon di- 
 vorce decree as contrary to public pol- 
 icy. L.R.A.1917F, 621/ 
 
 Collateral attack in same state on decree 
 of divorce rendered on publication. 19 
 L.R.A. 819.
 
 INDEX TO L.R.A. NOTES. 
 
 DIVORCE AND SEPARATION, IT. c, 3 
 
 cont'd. 
 
 Right of third person to have decree of di- 
 vorce set aside. 54 L.R.A. 758. 
 Collateral attack for fraud not affecting 
 
 jurisdiction on judgment in divorce | 
 
 suit. 36 L.R.A. (N.S.) 985. 
 Right to acccept favorable part of decree 
 
 and appeal from remainder. 29 L.R.A. 
 
 (N.S.) 15. 
 Effect of immediate departure from state 
 
 after procuring divorce. 44 L.R.A. 
 
 (N.S.) 089.- 
 Attacks on decrees of divorce for other 
 
 causes than lack of jurisdiction. L.R.A. 
 
 ] 917B, 409. 
 
 17. Impeaching decree granted in 
 other state. 
 
 Validity, effect, and conclusiveness of, see 
 supra, .15. 
 
 On jurisdictional facts. 59 L.R.A. 183; 23 
 L.R.A. (N.S.) 1254. 
 
 On the merits; fraud. 59 L.R.A. 186. 
 
 Impeaching decree of divorce rendered in 
 other state on the ground of nonresi- 
 dence or domicil of person in whose 
 favor it was granted. 23 L.R.A. (N.S.) 
 1254. 
 
 18. By party obtaining or consent- 
 ing. 
 
 Direct attack by partv obtaining it. 60 
 L.R.A. 294 T 51 L.R.A. (N.S.) 534. 
 
 Application by both parties to set aside de- 
 cree. 60 L.R.A. 296. 
 
 Direct attack by party who has consented 
 to, or colluded in, its procurement. 60 
 L.R.A. 296; 51 L.R.A. (N.S.) 534. 
 
 Collateral attack. 60 L.R.A. 301; 51 L.R.A. 
 (N.S.) 535. 
 
 19. After death of one or both of 
 parties. 
 
 Attack by surviving party. 57 L.R.A. 583; 
 
 1 L.R.A.(N.S.) 551; 44 L.R.A.(N.S.) 
 
 505; L.R.A.1917B, 486. 
 Attack by stranger to the decree. 57 L.R.A. 
 
 599;' 1 L.R.A.(N.S.) 551; 44 L.R.A. 
 
 (N.S.) 509. 
 Deatli of one party pending appeal. 57 
 
 L.R.A. 603; 44 L.R.A. (N.S.) 509. 
 
 Ill, Grounds. 
 
 20. Generally. 
 
 For annulment of marriage, see MARRIAGE, 
 
 18. 
 
 Retrospective effect of statute prescribing 
 grounds of divorce. L.R.A.1917C, 
 160. 
 Constitutionality. 52 L.R.A. 937; 
 
 L.R.A.1917C, 160. 
 
 Effect of fact that habit relied upon as 
 ground of divorce was contracted before 
 the marriage. L.R.A.1918C, 867. 
 What law determines the right to a divorce. 
 
 59 L.R.A. 341. 
 
 Misrepresentation as to disposition or gen- 
 eral character as ground for annulling 
 marriage. 30 L.R.A. (N.S.) 301. 
 Consult also L.R.A. Digests of Cases. 
 
 DIVORCE AND SEPARATION, ILL 
 
 cont'd. 
 Misrepresentations or concealment as to 
 
 one's physical or mental condition as 
 
 ground for annulling of marriage. ]3 
 
 L.R.A. (N.S.) 996. 
 Bringing wife in contact with prostitutes 
 
 as ground for divorce. 43 L.R.A. (N.S.) 
 
 964. 
 
 Failure to furnish support as ground of di- 
 vorce or separation. 43 L.R.A. 
 (N.S.) 255. 
 Separation as ground of divorce. 49 
 
 L.R.A.(N.S.) 1034. 
 Degeneracy as ground for divorce. 51 L.R.A 
 
 (N.S.) 282. 
 Failure to entertain wife or unsociability 
 
 as ground for divorce. 51 L.R.A. (N.S.) 
 
 460. 
 
 21. Duress. 
 
 What constitutes duress for which marriage 
 may be annulled. 27 L.R.A. (N.S.) 803. 
 
 Right to avoid marriage entered into to es- 
 cape prosecution for seduction on 
 ground of duress. 16 L.R.A. (N.S.) 938. 
 
 22. Sexual relations; adultery. 
 
 Charge of adultery, see infra, 23. 
 
 Condonation of loathsome disease as defense. 
 5 L.R.A. (N.S.) 729. 
 
 Relations or association of spouse with per- 
 sons of opposite sex as cruelty or 
 abusive treatment. L.R.A.1918D, 427. 
 
 Bringing another woman into home as cruel 
 and inhuman treatment. 2 L.R.A. 
 (N.S.) 669. 
 
 Refusal of marital intercourse as. 14 
 -L.R.A. 685; L.R.A.1915B, 770. 
 
 Antenuptial pregnancy or uncluistity a*. 
 18 L.R.A. 375; L.R.A.1915E, 650/ 
 
 Effect of complainant's knowledge of 
 spouse's antenuptial unchastity as bar 
 to divorce for subsequent adultery. 23 
 L.R.A. (N.S.) 240. 
 
 Husband's adultery as preventing him from 
 relying on wife's adultery as defense 
 to action for support. 19 L.R.A. (N.S. ) 
 468. 
 
 Insanity as affecting adulterv. 34 L.R.A. 
 162. 
 
 Adultery while insane as affecting claim for 
 alimony. 34 L.R.A. 164. 
 
 Effect of wife's subsequent adultery on al- 
 lowance of alimony. 19 L.R.A. 811. 
 
 Forcing wife to leave marital home by 
 adultery as desertion. 29 L.R.A. (N.S.) 
 617. 
 
 Desertion or cruelty as recriminatory de- 
 fense to subsequent adultery. 39 L.R.A. 
 (N.S.) 1135. 
 
 23. Charge of adultery. 
 
 In general. 18 L.R.A. (N.S.) 300; 34 L.R.A. 
 
 (N.S.) 360. 
 Cruelty. 18 L.R.A. (N.S.) 303; 34 L.R.A. 
 
 (N.S.) 360. 
 Cruel and inhuman treatment. 18 L.R.A. 
 
 (N.S.) 304; 34 L.R.A. (N.S.) 360. 
 Extreme cruelty. 18 L.R.A. (N.S.) 305; 34 
 
 L.R.A. (N.S.) 360. 
 
 Intolerable cruelty. 18 L.R.A. (N.S.) 307; 
 34 L.R.A. (N.S.) 360.
 
 426 
 
 INDEX TO L.R.A. NOTES. 
 
 DIVORCE AND SEPARATION, III 
 
 cont'd. 
 Extreme and repeated cruelty. 18 L.R.A. 
 
 (N.S.) 307. 
 Indignities rendering condition intolerable 
 
 or life burdensome. 18 L.R.A.(N.S.) 
 
 308. 
 
 Excesses, cruel treatment, and outrages ren- 
 dering living together insupportable. 
 
 18 L.R.A.(N.S.) 309. 
 
 Public defamation. 18 L.R.A. (N.S.) 310. 
 Unsafety of cohabitation. 18 L.R.A.(N.S.) 
 
 310. 
 
 Abandonment. 18 L.R.A. (N.S.) 310. 
 Charges in pleadings. 18 L.R.A. (N.S.) 
 
 311. 
 Charges by wife. 18 L.R.A. (N.S.) 312. 
 
 g 24. Abandonment; desertion. 
 
 Confinement in asylum or prison as affect- 
 ing right to divorce upon the ground of 
 living apart, desertion, or abandon- 
 ment. L.R.A.1918A, 1186. 
 
 Failure to support as abandonment or de- 
 sertion. 29 L.R.A.(N.S.) 618; 43 
 L.R,A.(N.S.) 262. 
 
 DIVORCE AND SEPARATION, III. 
 cont'd. 
 
 Conviction as cruelty entitling to divorce. 
 31 L.R.A. 521. 
 
 Bringing another woman into home as cruel 
 and inhuman treatment. 2 L.R.A. 
 (N.S.) 669. 
 
 Relations or association of spouse with per- 
 sons of opposite sex as cruelty or 
 abusive treatment within statute de- 
 fining grounds of divorce. L.R.A. 
 1918D, 427. 
 
 Relations between one spouse and relatives 
 of the other as affecting the question of 
 cruelty. 13 L.R.A. (N.S.) 222; 34 
 L.R.A. (N.S.) 759; L.R.A.1915E. 161. 
 
 Profanity and obscenity as ground for di- 
 vorce, as cruel and inhuman treatment. 
 12 L.R.A. (N.S.) 820. 
 
 Cruelty and abuse forcing spouse to leave 
 marital home as desertion. 29 L.R.A. 
 (N.S.) 615. 
 
 Failure to support as cruelty. 43 L.R.A. 
 (N.S.) 260. 
 
 Refusal of marital intercourse as cruelty. 
 L.R.A.1915B, 772. 
 
 Inability of husband to support himself or Subsequent adultery as recriminatory de- 
 fense to cruelty. L.R.A.1915E, 972. 
 Cruelty as recriminatory defense to subse- 
 quent adultery. 39 L.R.A. (N.S.) 1135. 
 
 wife, as an excuse for leaving her. 52 
 L.R.A.(N.S.) - 675. 
 
 Inability of husband to support wife as ex- 
 cuse for her refusal to live with him. 
 L.R.A.1915A, 222. 
 
 Refusal of marital intercourse as desertion. 
 L.R.A.1915B, 771. 
 
 Drunkenness as affecting desertion. 34 
 L.R.A. 457. 
 
 Insanity as affecting abandonment. 34 
 L.R.A. 164. 
 
 Computation of period of abandonment 'as 
 affected by insanity of defendant. 16 
 L.R.A.(N.S.) 1071. 
 
 Conviction as desertion. 31 L.R.A. 520. 
 
 Charges of adultery as abandonment. 18 
 L.R.A.(N.S.) 310. 
 
 Refusal of wife to follow husband, on 
 change of domicil, as desertion. 4 
 L.R.A. (N.S.) 145. 
 
 Relations between one spouse and relatives 
 of the other as affecting the question 
 of desertion. 13 L.R.A. (N.S.) 222; 34 
 L.R.A.(N.S.) 759; L.R.A.1915E, 161. 
 
 Desertion by forcing spouse to leave mari- 
 tal home. 29 L.R.A. (N.S.) 614. 
 
 Desertion as recriminatory defense to subse- 
 quent adultery. 39 L.R.A. (N.S.) 1135. 
 
 Subsequent adultery as recriminatory de- 
 fense to desertion. L.R.A.1915E, 972. 
 
 Condonation of desertion. 39 L.R.A. (N.S.) 
 1131. 
 
 8 2 la. effort to induce spouse to re- 
 turn home as a condition of deser- 
 tion. 
 
 In general. 39 L.R.A. (N.S.) 1119. 
 
 Duty of husband. 39 L.R.A. (N.S.) 1120. 
 
 Duty of wife. 39 L.R.A. (N.S.) 1125. 
 
 8 25. Cruelty. 
 
 Drunkenness as affecting cruel and inhuman 
 
 treatment. 34 L.R.A. 454. 
 Charge of adultery as cruelty. 38 L.R.A. 
 
 'X.S.) 303; 34 L.K.A.iX'.S.) 3f>0. L.R.A.(N.S-) 1071. 
 
 Begin icith this booh on every Jaw question. 
 
 26. Drunkenness. 
 
 Drunkenness as a ground for divorce. 34 
 
 L.R.A. 449. 
 
 Drunkenness as affecting cruel and in- 
 human treatment. 34 L.R.A. 454. 
 Drunkenness as affecting desertion. 34 
 
 L.R.A. 457. 
 
 Drunkenness as affecting validity of mar- 
 riage. 34 L.R.A. 87. 
 Who is an habitual drunkard within the 
 
 meaning of divorce laws. 6 L.R.A. 
 
 (N.S.) 914; 40 L.R.A. ( N.S.) 655. 
 Pleadings and proof in action on ground of 
 
 drunkenness. 34 L.R.A. 452. 
 Reformation as affecting right to divorce on 
 
 ground of drunkenness. L.R.A.1917D, 
 
 364. 
 
 27. Use of drugs. 
 
 Morphinism as. 39 L.R.A. 264. 
 Reformation as affecting right to divorce on 
 
 ground of use of drugs. L.R.A. 1917D, 
 
 364. 
 
 28. Insanity. 
 
 Mental incapacity at time of marriage as 
 ground. 40 L.R.A. 741. 
 
 Insanity as a ground for divorce. 34 L.R.A. 
 161 ; 39 L.R.A. 264. 
 
 Insanity as affecting adultery. 34 L.R.A. 
 162. 
 
 Insanity as affecting abandonment and fail- 
 Ore to support. 34 L.R.A. 164. 
 
 Insanity as affecting cruelty. 34 L.R.A. 
 164. 
 
 The defense. 34 L.R.A. 166. 
 
 Actions on behalf of insane persons. 34 
 L.R.A. 166. 
 
 Computation of period of abandonment as 
 affected by insanity of defendant. 16
 
 INDEX TO L.R.A. NOTES. 
 
 427 
 
 DIVORCE AND SEPARATION, III. 
 
 cont'd. 
 29. Conviction and sentence. 
 
 In general. 31 L.R.A. 515. 
 
 Necessity of a conviction. 31 L.R.A. 518. 
 
 Effect of an appeal from conviction. 31 
 
 L.R.A. 518. 
 Effect of commutation of the sentence or of 
 
 a pardon. 31 L.R.A. 519; 7 L.R.A. 
 
 (N.S.) 272. 
 Conviction in another state. 31 L.R.A. 
 
 519. 
 Retroactive effect of statute. 31 L.R.A. 
 
 520. 
 Allegation of infamous crime. 31 L.R.A. 
 
 520. 
 Where crime is prior to marriage. , 31 
 
 L.R.A. 520. 
 
 Conviction as desertion. 31 L.R.A. 520. 
 Confinement in prison as affecting right to 
 
 divorce upon the ground of living apart, 
 
 desertion, or abandonment. L.R.A. 
 
 1918A, 1186. 
 
 Classed with cruelty. 31 L.R.A. 521. 
 Conviction as a bar to divorce by the party 
 
 convicted. 31 L.R.A. 521. 
 
 IV- Defenses; collusion; condonation; 
 recrimination. 
 
 30. Generally. 
 
 Insanity as defense. 34 L.R.A. 166. 
 
 Computation of period of abandonment as 
 affected by insanity of defendant. 16 
 L.R.A.(N.S.) 1071. 
 
 In action for divorce on ground of drunken- 
 ness. 34 L.R.A. 453. 
 
 Conviction as bar to divorce by party con- 
 victed. 31 L.R.A.. 521. 
 
 Inability of husband to support himself or 
 wife aa an excuse for leaving her. 52 
 L.R.A.(N.S.) 075. 
 
 Reformation as affecting right of divorce 
 on ground of drunkenness or use of 
 drugs. L.R.A.1917D, 364. 
 
 31. Collusion; connivance. 
 
 Attack on collusive divorce decrees. 60 
 L.R.A. 297, 305; 51 L.R.A. (N.S.) 535; 
 L.R.A.1917B, 460. 
 
 In appearance by nonresident in divorce 
 case. 23 L.R.A. 288. 
 
 32. Condonation. 
 
 Condonation of matrimonial offenses. 6 
 
 B. R. C. 589. 
 Desertion. 6 B. R. C. 635; 39 L.R.A. 
 
 (N.S.) 1121, 1126. 
 
 Loathsome disease. 5 L.R.A. (N.S.) 729. 
 Antenuptial unchastity. 23, L.R.A. 
 
 (N.S.) 240. 
 
 Attack on divorce decrees based on condona- 
 tion pending the divorce suit. L.R.A. 
 1917B, 462. 
 
 33. Recrimination. 
 
 Husband's adultery as preventing him from 
 relying on wife's adultery as defense to 
 an action for support. 19 L.R.A. (N.S.) 
 468. 
 
 Effect of pardon or commutation of sentence 
 of criminal on conjugal rights. 31 
 L.R.A. 519: 7 L.R.A. (N.S.) 272. 
 
 Consult also L.R.A. Digests of Cases. 
 
 DIVORCE AND SEPARATION, IV. 
 cont'd. 
 
 Desertion or cruelty as a recriminatory d- 
 fense to subsequent adultery. 39 L.R.A. 
 (N.S.) 1135. 
 
 Subsequent adultery as recriminatory de- 
 fense to desertion or cruelty. L.R.A. 
 1915E, 972. 
 
 F. Alimony; counsel fees, 
 a. In general. 
 
 34. Generally. 
 
 Contitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 68. 
 
 Equity jurisdiction to allow, see EQUITY, 
 12. 
 
 Wife's liability for legal services, see HUS- 
 BAND AND WIFE, 23. 
 
 Lien for, see LIENS, 13. 
 
 In proceedings for annulment of marriage, 
 see MARRIAGE, 20. 
 
 Attack on provisions as to alimony in de- 
 crees of divorce. L.R.A. 1917B, 493. 
 
 Estoppel of divorced spouse to attack de- 
 cree by accepting alimony. L.R.A. 
 1917B, 501. 
 
 Power to amend decree of divorce by adding 
 provision for alimony. L.R.A. 1917D, 
 325. 
 
 Construction of decree for alimony in real 
 property as regards the nature of the 
 estate provided for. L.R.A.1918B, 868. 
 
 Appointment of trustee to protect alimony. 
 38 L.R.A. (N.S.) 270. 
 
 Necessity and sufficiency of service of notice 
 of application for alimony or support, 
 or for change of allowance in that re- 
 gard, after decree of divorce or separ- 
 ation. L.R.A.1915B, 674. 
 
 Right to alimony as affected by circumstance 
 that wife is in prison or other institu- 
 tion. 3 B. R. C. 551. 
 
 Appeal as affecting decree for permanent 
 alimony. L.R.A.1915B, 1071. 
 
 Amount of permanent alimony on absolute 
 divorce. 44 L.R.A. (N.S.) 998. 
 
 Husband's prospects as basis for alimony. 
 4 L.R.A. (N.S.) 909. 
 
 Right of wife against whom an absolute di- 
 vorce is -granted to permanent alimony. 
 20 L.R.A. (N.S.) 421; 30 L.R.A. (N.S.) 
 73. 
 
 Liability of guardian for alimony in di- 
 vorce proceedings instituted by or 
 against the ward. 15 L.R.A. (N.Sr) 
 1034. 
 
 Assignability of decree for alimony. 7 
 L.R.A. (N.S.) 179. 
 
 Liability of alimony for debts. 32 L.R.A. 
 (N.S.) 270. 
 
 Judgment for, as a fixed liability for pur- 
 poses of bankruptcy act. 54 L.R.A. 
 369. 
 
 35. Agreements as to. 
 
 Validity of agreement made after divorce 
 as a substitute for an award of ali- 
 mony. 35 L.R.A. (N.S.) 1167.
 
 428 
 
 INDEX TO L.R.A. NOTES. 
 
 DIVORCE AX D SEPARATION. V. a 
 cont'd. 
 
 Validity of. inticipatory contract makine 
 provision for wife in the event of her 
 obtaining a divorce for subsequent fault 
 of husband. 23 L.R.A. (K-S.) 880; 
 LR.A.1918A, 384. 
 
 Wli4ity of agreement to pay attorney a 
 percentage of amount obtained as ali- 
 mony. 33 L.R.A. (X.S.) 1074. 
 
 Agreement releasing husband from obliga- 
 tions or providing for wife's support, 
 not made during the pendency of di- 
 vorce proceedings, as affecting right to 
 alimony. I..K.A. IJtltiB, 921. 
 
 36. In suit involving international 
 
 elements. 
 
 Award of alimony on constructive service. 
 59 L.R.A. 178. 
 
 8 37. Allowance to [jusbnnd. 
 
 Permanent allowance. 34 L.R.A. 110; 25 
 
 L.R.A. (N.S.) 234. 
 Alimony pendent e lite. 34 L.R.A. 115; 25 
 
 L.R.A. (N.S.) 234. 
 English cases. 34 L.R.A. 115. 
 
 38. Award of, on constructive serv- 
 ice. 
 
 Power to grant alimony without personal 
 service of process in state (including 
 effect of the award in other state or 
 country). 16 L.R.A. 234; 59 L.R.A. 
 178; 9 L.R.A.(N.S.) 593; L.R.A.1917F, 
 1161. 
 
 8 39. Temporary alimony; suit money. 
 
 Right to temporary alimony on annulment 
 of marriage. 26 L.R.A. (N.S.) 500. 
 
 Alimony pcndente lite or counsel fees in 
 suit for divorce when marriage is de- 
 nied. 25 L.R.A. (N.S.) 387. 
 
 Husband's liability for services rendered to 
 wife in divorce suit. 24 L.R.A. 629. 
 
 Liability of husband on wife's contract for 
 attorneys' fees in divorce proceedings. 
 13 L.R.A. (N.S.) 244; L.R.A.1915C, 467. 
 
 Power of court to allow attorneys' fees in 
 divorce suit after reconciliation of par- 
 ties. 36 L.R.A. (N'.S.) 1001. 
 
 Validity of agreement to pay attorney a 
 percentage of amount obtained as ali- 
 mony. 33 L.R.A. (N.S.) 1074. 
 
 Liability of guardian for suit money in di- 
 vorce proceedings against ward. 15 
 L.R.A.(N.S.) 1034. 
 
 Refusal to proceed with trial of divorce 
 suit because of noncompliance with 
 order to pay temporary alimony, suit 
 money or counsel fees. L.R.A.1915E, 
 507. 
 
 Modification of decree for, because of sub- 
 sequent misconduct of wife. 45 L.R.A. 
 (N.S.) 875. 
 
 Condonation of matrimonial offense as pre- 
 cluding allowance of counsel fees in 
 pending suit. 6 B. R. C. 63!>. 
 
 Husband's right to. 34 L.R.A. 115; 25 
 L.R.A. (N.S.) 234. 
 
 Begin in'//* tins book on every law question. 
 
 DIVORCE AND SEPARATION, V. a 
 
 cont'd. 
 jo. pending attempt to reverse or 
 
 set aside decree. 
 
 Jurisdiction to award temporary alimony, 
 suit money, and counsel fee pend- 
 ing an appeal in divorce suit. 27 
 L.R.A.(N.S.) 712; L.R.A.1916F 
 1259. 
 
 Power to award temporary alimony or coun- 
 sel fees pending attempt to set aside 
 decree of divorce or separation. 24 
 L.R.A. (N.S.) 1015. 
 
 Remedy pending appeal from decree in di- 
 vorce suit for failure to comply with 
 order for payment of temporary ali- 
 mony, suit money or counsel fees. 51 
 ' L.R.A. (N.S.) 111!). 
 
 40a. wife's liability. 
 
 In general. 24 L.R.A. 634; 34 L.R.A. (N.S.) 
 
 1080; L.R.A.1917F, 362. 
 Wife's, promise to pay. 24 L.R.A. 635. 
 English decisions. 24 L.R.A. 636. 
 
 b. Independent suit for. 
 
 41. Generally. 
 
 Power, in absence of statute, to decree ali- 
 mony or maintenance independent- 
 ly of proceedings for divorce. 38 
 L.R.A.(N.S.) 950. 
 
 Right of wife in fault for separation to 
 separate maintenance. 49 L.R.A. 
 (N.S.) 86. 
 
 42. after decree of divorce. 
 
 Generally. 21 L.R.A. 677. 
 
 Limitations and exceptions. 21 L.R.A. 678. 
 
 English cases. 21 L.R.A. 679. 
 
 After legislative divorce. 21 L.R.A. 679. 
 
 Valid divorce granted in one state as affect- 
 ing independent suit for alimony in an- 
 other. 34 L.R.A.(N.S.) 1106; L.R.A. 
 1915E, 421. 
 
 c. Remedies; enforcement. 
 
 42a. Generally. 
 
 Failure to pay alimony or allowance for 
 support as a criminal offense. 42 L.R.A. 
 (N.S.) 1055. 
 
 Enforcement of claim for alimony against 
 exemptions. 50 L.R.A. (N.S.) f>97. 
 
 Constitutionality of statute for the enforce- 
 ment of decree for alimony or for 
 punishment for disobedience thereof. 
 L.R.A.1918F, 424. 
 
 43. By contempt proceedings to com- 
 pel payment. 
 
 Doctrine* of contempt. 24 L.R.A. 433. 
 
 Constitutionality of contempt. 24 L.R.A. 
 434. 
 
 When contempt proceedings may be resort- 
 ed to. 24 L.R.A. 435. 
 
 Evidence in support of. 24 L.R.A. 436. 
 
 Necessity of service of order. 24 L.R.A. 
 4.S(i.' 
 
 Necessity of demand of payment. 24 L.R.A. 
 437.* 
 
 Necessity of notice of application. 24 
 L.R.A. 437.
 
 INDEX TO L.R.A. NOTES: 
 
 429 
 
 DIVORCE AND SEPARATION, V. c 
 
 cont'd. ' 
 Right of defendant to be heard. 24 L.R.A. 
 
 437. 
 Excuses for nonpayment. 24 L.R.A. 437. 
 
 Inability to 'pay. 24 L.R.A. 437; 30 
 L.R.A.(N.S.) 1001; L.R.A.1917C, 
 97. 
 
 Commitment refused. 24 L.R.A. 438. 
 Application for relief. 24 L.R.A. 438. 
 Power of court to inquire into. 24 L.R.A. 
 
 439. 
 State statutes and decisions thereunder. 
 
 24 L.R.A. 439. 
 English decisions. 24 L.R.A. 442.' 
 
 44. By imprisonment. 
 
 Enforcing payinent of alimony as imprison- 
 ment for debt. 34 L.R.A. 665; 17 
 L.R.A.(N.S.) 1140; L.R.A.1915B, 651. 
 
 Remedy for the enforcement against dece- 
 dent's estate of alimony which had ac- 
 crued prior to his death. 18 L.R.A. 
 (N.S.) 257. 
 
 45. Outside of state. 
 
 Enforcing award of, in another state. 59 
 
 L.R.A. 178. 
 Equitable jurisdiction to enforce a foreign 
 
 decree for alimony. 9 L.R.A. (N.S.) 
 
 1071. 
 Action to recover instalments of alimony 
 
 accruing under a decree rendered in 
 
 another state. 9 L.R.A. (N.S.) 1168; 
 
 28 L.R.A. (N.S.) 1068. 
 
 d. Modification; termination of rigJit. 
 
 45a. Generally. 
 
 Necessity and sufficiency of service of no- 
 tice of application for change of ali- 
 mony after decree of divorce or sepa- 
 ration. L.R.A.1915B, 674. 
 
 Modification because of changed conditions. 
 44 L.R.A. (N.S.) 1026. 
 
 Power to modify alimony awarded by a de- 
 cree of absolute divorce in the absence 
 of reservation by decree or statute. 
 L.R.A. 1917F, 729. 
 
 46. Effect of wife's misconduct. 
 
 Modification of decree for alimony because 
 of subsequent misconduct of former 
 wife. 19 L.R.A. 81]; 45 L.R.A.(N.S.) 
 875. 
 
 Adultery while insane as affecting claim for 
 alimony. 34 L.R.A. 164. 
 
 47. Effect of second marriage. 
 
 Generally. 62 L.R.A. 974; L.R.A.1915F, 
 820. 
 
 Remarriage of husband. 62 L.R.A. 975; 
 L.R.A.1915F, 820. 
 
 Remarriage of wife. 62 L.R.A. 975; L.R.A. 
 1915F, 821. 
 
 Effect of intermarriage of parties to a di- 
 vorce upon right to alimony or pro- 
 vision in lieu of alimony. 3 L.R.A. 
 (N.S.) 923. 
 
 48. Effect of husband's death. 
 
 Does alimony terminate on the death of the 
 
 husband. 2 L.R.A. (N.S.) 232. 
 Consult also L.R.A. Digests of Cases. 
 
 DIVORCE AND SEPARATION, V. d 
 
 cont'd. 
 48a. Effect of wife's death. 
 
 Death of .wife as affecting alimony. L.R.A. 
 1916B, 854. 
 
 e. Lien for. 
 
 49. Generally. 
 
 Validity of provision in decree for alimony 
 declaring a lien on husband's person- 
 alty. 30 L.R.A. (N.S.) 10U2. 
 
 Money decree for permanent alimony or 
 separate maintenance as lien on rea) 
 property. 25 L.R.A. (N.S.) 132; L.R.A. 
 191 6B, 652. 
 
 VI. Effect on property rigJits. 
 
 50. Generally. 
 
 Effect of decree of divorce generally, see 
 supra, 14, 15. , 
 
 Effect of annulment of marriage, see MAR- 
 RIAGE, 19. 
 
 Right of divorced husband or wife to contest 
 will of former spouse. L.R.A.1918A, 
 466. 
 
 Attack on provisions in divorce decrees in 
 respect of division of property. L.R.A. 
 1917B, 494. 
 
 Effect of divorce in another state upon prop- 
 erty rights, generally. 59 L.R.A. 178. 
 
 Effect of divorce upon conveyance by hus- 
 band to wife. 09 L.R.A. 379. 
 
 Effect of divorce on property held by the 
 entireties. 30 L.R.A. 333: 10 L.R.A. 
 (N.S.) 463; L.R.A.1915C, 396. 
 
 On community property, in absence of ad- 
 judication. 11 L.R.A. (N.S.) 103. 
 
 Applicability of statutory provision for res- 
 toration of property in case of di- 
 vorce, to voluntary gifts or convey- 
 ances. 39 L.R.A. (N.S.) 193. 
 
 Divorce as equivalent of death for purpose 
 of terminating a trust. L.R.A.1915E, 
 762. 
 
 51. On homestead rights. 
 
 Effect of divorce on homestead. 23 L.R.A. 
 239; 16 L.R.A. (N.S.) 114. 
 
 On partition of homestead. 4 L.R.A. (N.S.) 
 786. 
 
 On "family" under homestead and exemp- 
 tion laws. 4 L.R.A. (N.S.) 396; L.R.A. 
 19UC, 371. 
 
 Divorced wife as head of family within 
 homestead or exemption laws. 51 
 L.R.A. (N.S.) 112L 
 
 Effect of dissolution of marriage after 
 initiation but before consummation of 
 right under homestead entry. 7 L.R.A. 
 (N.S.) 967. 
 
 Money decree for permanent alimony or 
 separate maintenance as Ijen on home- 
 stead. 25 L.R.A. (N.S.) 137; L.R.A. 
 1916B, 652. 
 
 52. On dower rights. 
 
 Effect on dower of divorce in another state. 
 15 L.R.A. 542; 59 L.R.A. 181; 41 L.R.A. 
 (N.S.) 219.
 
 43U 
 
 INDEX TO L.K.A. NOTES. 
 
 ]>|\<>|;IK AND SEPARATION, VII. 
 
 cont'd. 
 5:;. <>ii rights 
 
 policy. 
 See INSURANCE, 191. 
 
 DIVORCE AND SEPARATION, VII. 
 
 cont'd. 
 
 under insurance Right to modify allowance for maintenance 
 of child awarded by decree of absolute 
 divorce, in absence of reservation by 
 decree or statute. L.R.A.1917F, 731. 
 
 54. On rights under will. 
 
 See WILLS, 1 _><;. 
 
 I'll. Custody and support of children. 
 
 55. Custody. 
 
 As to custody and support of children, gen- 
 erally, see INFANTS, IL 
 
 Validity of contract as to, see CONTRACTS, 
 87a. 
 
 Attack on provisions as to, in divorce de- 
 crees. L.R.A.1917B, 495. 
 
 Father's liability for support of children as 
 affected by decree awarding custody to 
 mother. 2 L.R.A.fN.S.) 851. 
 
 Necessity of consent or notice, to parents 
 who are divorced or living apart, on 
 adoption of child. 30 L.R.A.(N.S.) 
 151. 
 
 Jurisdiction of court to award custody of 
 
 children after prayer for divorce 
 
 has been withdrawn or dismissed. 
 
 35 L.R.A.(N.S.) 1159; L.R.A. 
 
 - 1917D, 976. 
 
 Effect of death of parent to whom custody 
 of child was awarded upon rights of 
 surviving parent. 20 L.R.A. (N.S.) 171. 
 
 Effect of provision in decree of divorce or 
 separation on right of parent to cus- 
 tody of child. 41 L.R.A. t N.S.) 597. 
 
 Remedy for refusal to permit access to or 
 visitation of children as provided by 
 decree of divorce. L.R.A.1917B, 290. 
 
 56. outside of jurisdiction. 
 
 Custody of children when interstate or in- 
 ternational elements involved (includ- 
 ing recognition and effect of decree in 
 other state). 59 L.R.A. 177; 7 L.R.A. 
 (N.S.) 306; 10 L.R.A. (N.S.) 690; 39 
 L.R.A. (N.S.) 988: L.R.A.1915B, 154. 
 
 57. Support. 
 
 Validity of contract as to, see CONTRACTS, 
 87a. 
 
 Attack on provisions as to, in divorce de- 
 crees. L.R.A.1917B, 495. 
 
 Power, on annulling marriage, to require 
 man to provide for support of child. 
 5 L.R.A.(N.S.) 767. 
 
 Recovery by mother against father for 
 money expended in support of children 
 after divorce. 38 L.R.A. (N.S.) 509. 
 
 Liability of father for support of children 
 as affected by decree awarding custody 
 to mother. .2 L.R.A.(N.S.) 851. 
 
 Does contractual obligation or provision in 
 decree of divorce or separation for the 
 support of a child survive the death of 
 the obligor. 48 L.R.A. (N.S.) 429. 
 
 Power to amend decree of divorce by adding 
 provision for support of children. 
 L.R.A. 1917D, 329. 
 
 VIII. Agreements relating to divorce 
 or separation. 
 
 58. Generally. 
 
 How far articles of separation a bar to di- 
 vorce. 6 L.R.A. 487. 
 
 Wife's right to sue husband on separation 
 agreement. 5 L.R.A. (N.S.) 613. 
 
 Validity of agreement between husband and 
 wife renouncing marital rights. 12 
 L.R.A. (N.S.) 848. 
 
 Settlement of property rights between hus- 
 band and wife on account of divorce as 
 implied revocation of will. 20 L.R.A. 
 (N.S.) 1073. 
 
 Validity of contract between husband and 
 wife to compromise pending or con- 
 templated divorce suit. 60 L.R.A. 400. 
 
 Validity of agreement made after divorce as 
 substitute for award of alimony. 35 
 L.R.A.(N.S.) 1167. 
 
 Validity of anticipatory contract making 
 provision for wife in event of her ob- 
 taining a divorce for subsequent fault 
 of husband. 23 L.R.A.(N.S.) 880; 
 L.R.A.1918A, 384. 
 
 Validity of contract upon condition, or in 
 consideration, of procuring divorce. 
 44 L.R.A.(N.S.) 379. 
 
 Effect of reconciliation on separation agree- 
 ment. 43 L.R.A. (N.S.) 1219. 
 
 Validity of contract by third person to pay 
 one spouse to return to the other. 31 
 L.R.A. (N.S.) 441. 
 
 DOCKAGE. 
 
 Action on contractor's bond for expense of 
 dockage. 43 L.R.A. (N.S.) 170. 
 
 DOCKET. 
 
 Docketing of judgment, see JUDGMENT, 14. 
 
 Injunction against judgment for irregular- 
 ities in. 30 L.R.A. 709. 
 
 Time for docketing cause on error or appeal 
 to Federal Supreme Court. 66 L.R.A. 
 850. 
 
 DOCKS. 
 
 See WHARVES. 
 
 J{< i/in with this book on every laiv question. 
 
 DOCK WARRANT. 
 
 Effect of putting dock warrant indorsed in 
 blank into another's possession to estop 
 owner as against purchaser in good 
 faith. 29 L.R.A. (N.S.) 255.
 
 INDEX TO L.R.A. NOTES. 
 
 431 
 
 DOCUMENTARY EVIDENCE. 
 
 Jn general, see EVIDENCE, V. 
 Weight of, see EVIDENCE, 305-308. 
 
 DOCUMENTS. 
 
 Production and inspection of, see DISCOV- 
 ERY AND INSPECTION, 3, 4. 
 As evidence, see EVIDENCE, V. 
 
 Particularity required in description of doc- 
 uments in subpoena duces tecum. 31 
 L.R.A.(N.S.) 835. 
 
 Incorporation of extrinsic document into 
 will. 68 L.R.A. 353. 
 
 Use of photograph of, as evidence. 35 
 L.R.A. 811; 51 L.R.A. (N.S.) 857. 
 
 Concealment or failure to produce as ground 
 for disbarment or suspension of attor- 
 ney. L.R.A.1917B, 384. 
 
 DOG COLLAR. 
 
 Loss of collar as defense to prosecution for 
 keeping dog without collar. 42 L.R.A. 
 (N.S.) 437. 
 
 DOGS. 
 
 In general, see ANIMALS. 
 
 Liability of railroad company for injury to, 
 
 see RAILROADS, 76. 
 Injury to, on street car tracks, see STREET 
 
 RAILWAYS, 15. 
 
 DOING BUSINESS. 
 
 By foreign corporation, see CORPORATIONS, 
 
 145-148. 
 
 DOLLARS. 
 
 -Omission of dollar sign or word dollars 
 from verdict or a judgment. 35 L.R.A. 
 (N.S.) 653. 
 
 DOMESTIC ANIMALS. 
 
 See ANIMALS. 
 
 DOMESTIC COMMERCE. 
 
 State control of, see COMMERCE, 3. 
 Consult also L.R.A, Digests of Cases. 
 
 DOMESTIC RELATIONS. 
 
 In general, see DIVORCE AND SEPARATION; 
 GUARDIAN AND WARD; HUSBAND AND 
 WIFE; INFANTS; MARRIAGE; MASTER 
 AND SERVANT; PARENT AND CHILD. 
 
 Conflict of laws as to, see CONFLICT OH 
 LAWS, 13-17. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 68, 82-87, 153. 
 
 DOMESTIC REMEDY. 
 
 Administration of, for pay, as practising 
 medicine. 12 L.R.A. (N.S.) 1094. 
 
 DOMESTIC SERVICE. 
 
 As a family expense or necessary within 
 statute rendering wife or her property 
 liable therefor. L.R.A.1917F, 863. 
 
 DOMESTIC USE. 
 
 Public supply of water for, see WATERS, III. 
 
 Correlative use of upper and lower proprie- 
 tors as to use of water for. 41 L.R.A. 
 739. 
 
 DOMICIL AND RESIDENCE. 
 
 1. Generally. 
 
 Of corporation, see CORPORATIONS, 11. 
 
 Jurisdiction as affected by residence, see 
 COURTS, 19-26. 
 
 In divorce suit, see DIVORCE AND SEPARA- 
 TION, 8, 9. 
 
 Of voter, see ELECTIONS, 4. 
 
 As to nonresidents, see NONRESIDENTS. 
 
 Residence of poor persons, see POOR AND 
 POOR LAWS, 2. 
 
 Extraterritorial effect of judgment fixing 
 domicil. L.R.A.1917C, 185. 
 
 Domicil or residence when boundary line 
 runs through dwelling. 10 L.R.A. 
 (N.S.) 874. 
 
 Domicil as affecting governing law of chat- 
 tel mortgage. 64 L.R.A. 363, 366. 
 
 Domicil as affecting governing law of as- 
 signment for creditors. 65 L.R.A. 365. 
 
 Domicil as affecting governing law of matri- 
 monial capacity. 57 L.R.A. 161; 43 
 L.R.A.(N.S.) 355. 
 
 Domicil as affecting governing law of matri- 
 monial property. 57 L.R.A. 353. 
 
 Residence as affecting governing law in ac- 
 tion for death or bodily injurv. 56 
 L.R.A. 218. 
 
 Commercial domicil as affecting national 
 
 character. 7 B. R. C. 835. 
 I Residence as a qualification of grand juror. 
 28 L.R.A. 196.
 
 432 
 
 INDEX TO L.R.A. NOTES. 
 
 DOMICIL AND RESIDENCE; con t'd. 
 
 l"nkiMi\vn disqualification of juror because 
 of. an ground for new trial, 50 L.R.A. 
 (N.S.I !;:.. 
 
 Right t<i testify as to intent with respect 
 to. -2:i L.I;. A. i N.S.i 397. 
 
 Presumption of citizenship from residence. 
 8 L.K.A.IN'.S.) 124f>. 
 
 Where process may be served under statutes 
 providing for constructive service by 
 leaving it at one's usual place of abode, 
 residence, or the like. 21 L.R.A.(N.S.) 
 344. 
 
 Service on resident in action at law by leav- 
 ing copy at residence. 35 L.R.A.(N.S.) 
 293; L.R.A.1917C, 1143. 
 
 Requiring one's residence to be stated in 
 notice of accident or injury as condi- 
 tion of municipal liability. 20 L.R.A. 
 (N.S.) 938. 
 
 Residence as condition of patent under Fed- 
 eral homestead entry. 42 L.R.A. (N.S.> 
 752. 
 
 2. Of infant. 
 
 Residence of pupils, see SCHOOLS, 6. 
 
 Generally. 49 L.R.A.(N.S.) 860. 
 
 Adopted children. 49 L.R.A. (N.S.) 863. 
 
 Illegitimate child. 49 L.R.A.(N.S.) 863. 
 
 Separation of parents. 49 L.R.A. (N.S.) 
 864. 
 
 Divorce of parents. 49 L.R.A. (N.S.) 864. 
 
 Death of father, mother surviving. 49 
 L.R.A. (N.S.) 866. 
 
 Change by guardian. 49 L.R.A. (N.S.) 869. 
 
 Domicil of infant after death of both par- 
 ents. 49 L.R.A. (N.S.) 875. 
 
 Agreement by parent as to domicil of child. 
 27 L.R.A. 61. 
 
 Child's right in parents' homestead as af- 
 fected bv domicil of child. 56 L.R.A. 
 62. 
 
 3. Of married woman. 
 
 In divorce suit, see DIVORCE AND SEPARA- 
 
 i ION, 9. 
 
 Domicil as affecting capacity of married 
 woman to contract. 57 L.R.A. 513; 
 L.R.A.1916A, 1054. 
 
 4. Of officer. 
 
 Residence as requisite to eligibility of offi- 
 cer, see OFFICERS, 8. 
 
 Domicil of consul. 45 L.R.A. 587. 
 Constitutionality of statute making resi- 
 
 DOMICIL AND RESIDENCE cont'd. 
 6. Change of. 
 
 Effect of change of domicil after execution 
 of will, on its validity as to personal 
 property. 2 L.R.A. (N'.S.) 41!). 
 
 Requiring one's residence to be stated in 
 notice of accident or injury as condi- 
 tion of municipal liability. 20 L.R.A. 
 (X.S.) 938; 35 L.R.A. (N*S.) ^-!<i. 
 
 Change of residence as affecting right to act 
 as executor or administrator. 1 L.R.A. 
 (N.S.) 341. 
 
 Change of domicil of infant by guardian. 
 49 L.R.A.(N.S.) 869. 
 
 7. how effected. 
 
 Hiring room in hotel or lodging house as 
 affecting domicil or residence. L.R.A. 
 1917D, 788. 
 
 Change of domicil as affected by removal 
 for benefit of health. 9 L.R.A. (N.S.) 
 1159. 
 
 Domicil cr residence for taxation as af- 
 fected bv purpose to obtain school facili- 
 ties. L."R.A.1917A, 290. 
 
 Going to another state, county, or district 
 to teach school or preach, as effecting 
 a change of domicil or residence. ^ 22 
 L.R.A. (N.S.) 996; L.R.A.1917A, 294. 
 When does nonresidence of person intending 
 to leave permanently begin for purpose 
 of attachment or exemption. 1 L.R.A. 
 (N.S.) 778. 
 
 Is a domicil lost by abandonment without 
 intention of returning, before ac- 
 quiring a new one. 40 L.R.A. 
 (N.S.) 986. 
 
 Gaining new domicil or residence before 
 abandoning occupation of old resi- 
 dence, by purchasing or hiring 
 property in new locality with in- 
 tention of establishing permanent 
 residence there. 33 L.R.A. (N.S.) 
 766. 
 
 DONATION. 
 
 In general, see GIFT. 
 
 Of public money, see PUBLIC MONET. 
 
 Forfeiture of. 13 L.R.A. 698. 
 To corporation of shares of its own stocks 
 18 L.R.A. 255. 
 
 dence within the district a qualifica- On condition of particular location of pub- 
 
 tion of a public officer. 
 (N.S.) 83.'). 
 
 8 5. Of decedent. 
 
 Domicil of decedent as affecting governing 
 law with respect to legitimacy or adop- 
 tion. 65 L.R.A. 177: 21 L.R.A. (N.S.) 
 T.79: 25 L.R.A. (N.S.) 1285: L.R.A. 
 191 GA, 666. 
 
 Residence of deceased as affecting validity 
 of acts by executor or administrator 
 under letters testamentary or of admin- 
 istration afterwards revoked or held 
 invalid. 21 L.R.A. loO. 
 
 Begin iritli this bor.L- nu every fair question. 
 
 2 L.R.A. I lie building." 4 L.R.A. (N.S.) 589.' 
 
 Diversion of property donated for public 
 library to other uses. 45 L.R.A. 
 (N.S.) 368. 
 
 Doo:r. 
 
 Validity of statute subjecting to doom of 
 assessor a taxpayer who fails to fur- 
 nish a list of his propertv. 24 L.R.A. 
 (N.S.) 388.
 
 DOORS. 
 
 INDEX TO L.R.A. NOTES. 
 
 DOUBLE HOUSE. 
 
 433 
 
 Screen doors, see SCREENS, 2. 
 
 Carrier's liability for injury to pasenger 
 from door of vehicle. L.K.A.1918D, 529. 
 
 DOORWAY. 
 
 Duty of carrier to guard passenger against 
 walking through station doorway lead- 
 ing to place of danger. 24 L.R.A. (N.S.) 
 250. 
 
 Contributory negligence in walking through 
 doorway leading to place of danger. 24 
 L.R.A.(N.S.) 246; L.R..A.1917D, 892. 
 
 DORMANCY. 
 
 Of judgment, effect of, see JUDGMENT, 85. 
 
 DORMANT PARTNER. 
 
 Under agreement to share profits. 18 L.R.A. 
 
 (N.S.) 1082. 
 Proof against one, of declarations of anoth- 
 
 er to show dormant partnership. 20 
 
 L.R.A. 597. 
 
 In real estate. 28 L.R.A. 105. 
 Admissibility of partnership books of ac- 
 
 count against. 52 L.R.A. 841. 
 
 DOUBLE AGENCY. 
 
 Right of either principal to affirmative re- 
 lief from transaction in which agent 
 acted for both parties. 17 L.R.A. (N.S.) 
 622. 
 
 DOUBLE BLOOD. 
 
 Descent of ancestral estates to heirs of 
 double blood. L.R.A.1916C, 924. 
 
 DOUBLE COMMISSIONS. 
 
 Of real estate broker. 45 L.R.A. 44. 
 
 Custom among real estate brokers to take 
 rebates or commissions from other par- 
 ty as affecting right to compensation 
 from employer. 34 L.R.A. (N.S.) 1047. 
 
 Right of principal to commissions which 
 broker or other agent has received from 
 other party to the contract. 28 L.R.A. 
 (N.S.) 952. 
 
 DOUBLE DAMAGES. 
 
 See DAMAGES, 120. 
 
 Consult also L.R.A. Digests of Cases. 
 
 As violation of restrictive covenants. 45 
 L.R.A. (N.S.) 726; L.R.A.1918C, 873. 
 
 DOUBLE INSURANCE. 
 
 See INSURANCE, 80, 99-101. 
 
 DOUBLE REINSURANCE. 
 
 Liability of reinsurer in case of. 
 (N.S.) 855. 
 
 8 L.R.A, 
 
 DOUBLE TAXATION. 
 
 In general, see TAXES, 9-12, 94. 
 
 By imposition of license tax upon automo- 
 biles. 52 L.R.A.(N.S.) 953. 
 
 DOUBLE TRACKS. 
 
 Power of municipality to prevent laying of 
 additional tracks under franchise origi- 
 nally granting right to lav double 
 tracks. 36 L.R.A. (N.S.) 850.* 
 
 DOUBT. 
 
 Effect of, on validity of compromise of void, 
 invalid, or unfounded claim. 25 L.R.A. 
 (N.S.) 276. 
 
 DOUBTFUL CLAIM. 
 
 As assets giving jurisdiction to bind admin- 
 istrator. 24 L.R.A. 689. 
 
 DOUBTFUL TITLE. 
 
 Effect of, on right to specific performance of 
 contract, see SPECIFIC PERFORMANCE, 
 17. 
 
 DOWER. 
 
 I. Right to, 1-14. 
 
 a. In general, 1. 
 
 b. In u'hat property. 2-4. 
 
 c. Nature and extent; prior- 
 
 ities, 5, 6. 
 
 d. How lost or destroyed, 
 
 7-14. 
 II. Rights, duties, and remedies, 
 
 15-22. 
 28
 
 434 
 
 1>0\\ Eli coiit'd. 
 
 INDEX TO L.R.A. NOTES. 
 
 DOWER, I. cont'd. 
 
 I. Right to. 
 
 a. In general. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 74. 
 
 Dower right as affecting marketability of 
 title. 38 L.R.A.(N.S.) 33. 
 
 Right of dower with respect to improve- 
 ments placed on land. 3 B. R. C. 957. 
 
 b. In what property. 
 
 % 2. Generally. 
 
 In partnership real estate, see PABTNEB- 
 SHIP, 21. 
 
 In mines. 16 L.R.A. 247. 
 
 In homestead; relative rights of wife and 
 children. 56 L.R.A. 67. 
 
 In conditional estates. 22 L.R.A.(N.S.) 
 691; 39 L.R.A.(N.S.) 307. 
 
 In land purchased by railroad company. 29 
 L.R.A.(N.S.) 726. 
 
 Rights of widow in accretions added to 
 shore lands. 58 L.R.A. 210. 
 
 Right to dower on avoidance as against 
 creditors of conveyance of land, legal 
 title to which is never in husband dur- 
 ing coverture. 32 L.R.A.(N.S.) 103. 
 
 3. In land mortgaged or conveyed by 
 husband. 
 
 In land dedicated by husband. 31 L.R.A. 
 (N.S.) 1025. 
 
 Right of widow to recover from estate the 
 value of her dower interest in land con- 
 veyed by her husband during lifetime. 
 8 L.R.A. (N.S.) 1101. 
 
 Mortgage to secure money advanced to pur- 
 chase property as a purchase money 
 mortgage not subject to dower. 40 
 L.R.A. (N.S.) 275. 
 
 Oower rights in property conveyed before 
 marriage. 48 L.R.A. (N.S.) 512. 
 
 4. where conveyance is avoided as 
 to creditors. 
 
 Right to dower upon avoidance of convey- 
 ance as against creditors. 32 L.R.A. 
 (N.S.) 103. 
 
 4a. In land subject to purchase- 
 money mortgage or vendor's lien. 
 
 Dower in land subject to purchase money 
 mortgage or vendor's lien. 52 L.R.A. 
 (N.S.) 540. 
 
 c. Nature and extent; priorities. 
 
 5. Generally. 
 
 Effect of depreciation in value of land on a 
 widow's right of dower therein. 18 
 L.R.A. 425. 
 
 Right to consider accrued taxes in assign- 
 ing dower or fixing its cash value. 40 
 L.R.A.(N.S.) 609. 
 
 6. Priorities. 
 
 In case of land mortgaged or conveyed by 
 husband, see supra, 3, 4. 
 
 d. How lost or destroyed. 
 
 7. Generally. 
 
 Election between dower and provisions of 
 will, see WILLS, 110-115. 
 
 Power of legislature to destroy. 19 L.R.A. 
 
 256. 
 Estoppel to assert dower by deceiving one 
 
 acquiring title. 48 L.R.A.(N.S.) 702, 
 
 764. 
 Release of inchoate right by attorney under 
 
 power given by married woman. 16 
 
 L.R.A. 209. 
 Effect of husband's insanity upon wife's 
 
 power to convey or bar dower. 34 
 
 L.R.A. 224. 
 Effect of forfeiture of husband's estate for 
 
 treason on wife's right of dower. 
 
 L.R.A.1916E, 346. 
 Is a widow's dower right in property al- 
 
 lotted to her as a homestead extin- 
 
 guished, or merely in abeyance. 10 
 
 L.R.A.(N.S.) 1206." 
 Effect of judgment declaring husband's title 
 
 to an estate to be that of mortgagee, 
 
 upon dower right of wife who was not 
 
 a party to the action. 13 L.R.A. (N.S.) 
 
 723. 
 
 8. By conveyance. 
 
 Right to dower in land mortgaged or con- 
 veyed by husband, see supra, 3. 4. 
 
 Voluntary conveyance in which dower is 
 not released in satisfaction of a mort- 
 gage releasing dower. 31 L.R.A. (N.S. ) 
 323. 
 
 Estoppel of wife living apart from husband 
 to claim dower as against purchaser 
 ignorant of relationship. 26 L.R.A. 
 (N.S.) 575; 34 L.R.A. (N.S.) 762. 
 
 9. By antenuptial contract. 
 
 Power to bar dower by antenuptial agree- 
 ment sufficient in equity, but not con- 
 forming to any of the statutory meth- 
 ods of barring dower. 17 L.R.A. (N.S.) 
 866. 
 
 10. Effect of misconduct. 
 
 Effect of divorce, see DIVORCE AND SEPABA- 
 52. 
 
 Begin u*ith thin book on every law question. 
 
 Conduct during husband's lifetime as estop- 
 pel to claim of. 3 L.R.A. (N.S.) 971. 
 
 Effect of fraud to estop widow from claim- 
 ing. 25 L.R.A. 573. 
 
 11. Power of husband or his credit- 
 ors to defeat. 
 
 Generally. 18 L.R.A. 7.1. 
 
 As to lands held in common by husband. 
 
 18 L.R.A. 75. 
 As to lands sold under mortgage. 18 L.R.A. 
 
 76. 
 
 Bankruptcy. 18 L.R.A. 77. 
 Effect of bankruptcy on dower rights of 
 
 bankrupt's wife.* 2(5 L.R.A. (N.S.) 1180. 
 Sale on execution to satisfy mechanics' lien. 
 
 18 L.R.A. 77.
 
 INDEX TO L.R.A. NOTES. 
 
 435 
 
 DOWER, I. d cont'd. 
 Sale under execution against husband. 
 L.R.A. 78. 
 
 IS 
 
 12. By dedication or .condemnation. 
 
 Dower in land dedicated by husband. 31 
 L.R.A.(X.S.) 1025. 
 
 Effect of dedication or condemnation of hus- 
 band's lands to public use upon wife's 
 right of dower. 8 L.R.A. 443;* 18 
 L.R.A. 79. 
 
 13. By tax sale. 
 
 Effect of tax sale upon inchoate right of 
 dower. 24 L.R.A. (N.S.) 1294. 
 
 Effect of tax sale on land held by tenant 
 in dower. 32 L.R.A. 807. 
 
 14. By adverse possession or parti- 
 tion sale. 
 
 Effect of adverse possession of husband's 
 lands on wife's right of dower. 18 
 L.R.A. 78. 
 
 Effect of partition sale unon dower rights of 
 one not a party. 16 L.E.A. 776. 
 
 //. Rights, duties, and remedies. 
 
 15. Generally. 
 
 Effect of inchoate right of dower to entitle 
 wife to contest will of husband's father. 
 L.R.A.1918A, 466. 
 
 Ejectment by widow. 18 L.R.A. 790. 
 
 Adverse possession by tenant in dower. 19 
 L.R.A. 8.3!). 
 
 Right of widow prior to assignment of 
 dower to maintain trespass quare clau- 
 sum. 13 L.R.A. (N.S.) 209. 
 
 Power of legislature to increase dower 
 rights. 17 L.R.A.(N.S.) 319. 
 
 Right of doweress to mesne profits or dam- 
 ages for detention of dower. 21 L.R.A. 
 180. 
 
 Right of husband's grantee to exoneration 
 of land conveyed, by allotment of dower 
 from other lands. 34 L.R.A.(N.S.) 917. 
 
 Removal of proceeding for assignment of, 
 because of separable controversy. 5 
 L.R.A.(N.S.) 77. 
 
 Time for ascertaining value of land for pur- 
 poses of assigning dower ; and right 
 of dower with respect to improve- 
 ments placed thereon. 3 B. R. C. 
 950. 
 
 16. Doweress as party to foreclosure 
 suit. 
 
 Doweress as a necessary party to foreclo- 
 sure suit. 5 L.R.A. 521.* 
 
 17. Right to redeem from mortgage. 
 
 See MORTGAGE, 88. 
 
 18. Mineral or timber rights. 
 
 Rights of tenant in dower as to oil and gas. 
 
 36 L.R.A. (N.S.) 1108. 
 Mineral rights of tenant in dower. 
 
 .L.RA.(N.S-) 1099. 
 
 Timber rights of tenant in dower. 37 L.R.A. 
 (N.S.) 763. 
 
 oZ.so L.R.A. Digests of Cases. 
 
 DOWER, II. cont'd. 
 19. Contribution. 
 
 Contribution between heir and widow in 
 case of payment of mortgage. 5 L.R.A. 
 
 520.* 
 
 20. Subjecting dower estate to debts. 
 
 Loss of right to dower by execution or fore- 
 closure sale, see supra, 11. 
 
 Levy on estate of. 23 L.R.A. 647. 
 
 As subject of attachment or levy on exe- 
 cution. 30 L.RJL(N.S.) 117. 
 
 Equitable remedy to subject unassigned 
 dower to judgment after return of no 
 property found. 63 L.R.A. 697. 
 
 21. Duty as to taxes. 
 
 Loss of right to dower by tax sale, see 
 supra, 13. 
 
 Duty of tenant in, to pay taxes. 32 L.R.A. 
 
 748. 
 
 22. Succession tax on dower. 
 
 Succession tax on dower. 29 L.R.A. (N.S.) 
 
 428; L.R.A.1916C, 675. 
 Succession tax upon provision in lieu of 
 
 dower. 33 L.R.A. (N.S.) 230; 45 L.R.A. 
 
 (N.S.) 228; L.R.A.1916C, 675. 
 
 DRAFT. 
 
 Of men for army, see COMPULSORY MILITABY 
 
 SERVICE. 
 In general, see BANKS, V.; BILLS AND 
 
 NOTES; CHECKS. 
 Collection of, by banks, see BANKS, 31- 
 
 35. 
 
 Carrier's liability for injury to passenger 
 
 by draft from open doors or windows. 
 
 11 L.R.A. (N.S.) 926. 
 Effect of, to create a maritime lien. 70 
 
 L.R.A. 418. 
 Obtaining draft by false pretenses. L.R.A. 
 
 1916E, 1106. 
 
 DRAFTSMAN. 
 
 Undue influence by, on testator, see WILLS, 
 17. 
 
 Competency of, to testify to his own or tes- 
 tator's intention. 38 L.R.A. (N.S.) 91. 
 
 Evidentiary force of circumstance that one 
 benefited by will was the draftsman 
 thereof. 28 L.R.A. (N.S.) 270. 
 
 DRAINAGE DISTRICTS. 
 
 1. Generally. 
 
 Liability of, for expenses of drainage. 58 
 36 ! L.R.A. 372. 
 
 Proceedings for incorporation of, as a civil 
 suit within statute allowing change of 
 venue. 12 L.R.A.(N.S. )900.
 
 
 INDEX TO L.R.A. NOTES. 
 
 DRAINAGE DISTRICTS cont'd. 
 
 Liability of, for 'looding land. 19 L.R.A. 
 (NiS.) 901. 
 
 Immunity of. from liability for damages. 
 I..K.A.1918B, 1010. 
 
 Duty a.s to highway crossed by ditch con- 
 \trurtcd liy drainage district. 43 
 I, K.A.( N.S.') 695. 
 
 Duty as to establishment and maintenance 
 of bridges over ditches for use of ad- 
 joining owners. L.R.A.1915E, 687. 
 
 g 2. Creation of. 
 
 Institution of drainage proceedings by or- 
 ganization of. 60 L.R.A. 169. 
 Taking railroad lands for. 2 L.R.A.(N.S.) 
 
 Right to withdraw name from petition for. 
 11 L.R.A. (N.S.) 372; 35 L.R.A.(N.S.) 
 1113. 
 
 Proceeding for incorporation of drainage 
 district, or for other public improve- 
 ment, as a civil suit, within statute al- 
 lowing change of venue. 12 L.R.A. 
 (N.S.) 900. 
 
 Constitutionality of statute prescribing 
 property qualification on right to vote 
 on establishment of drainage district. 
 44 L.R.A.(N.S.) 539. 
 
 DRAINS AND SEWERS, I. cont'd. 
 
 Right to drain surface water into water 
 course. 24 L.R.A. (N.S.) 903. 
 
 Appropriator's right to enter upon land of 
 upper proprietor to clean out ditch. 
 43 L.R.A. 130. 
 
 Interference by, with wharf rights in navi- 
 gable waters. 34 L.R.A. (N.S.) 43M. 
 
 Duty as to establishment and maintenance- 
 'of bridges over ditches for use of ad- 
 joining owners. L.R.A.1915E, 687. 
 
 Duty of railroad to construct bridges at its- 
 own expense over public drainage 
 ditches. 31 L.R.A. (N.S.) 1118; L.R.A. 
 1915B, 486. 
 
 Servant's assumption of risk from changing; 
 condition of excavations in, during 
 progress of work. 19 L.R.A. (N.S. > 
 358. 
 
 2. Nuisance as to. ' 
 
 Drains and sewers as r.uisances, see NUIS- 
 ANCES, 2. 
 
 Injunction by municipality against nuisance 
 
 from sewers. 41 L.R.A. 325. 
 Municipal regulation of sewers as nuisances. 
 
 38 L.R.A. 310. 
 Presumption as to statutory authority to 
 
 commit nuisance by sewerage syst"in. 
 
 70 L.R.A. 580. 
 
 DRAIN INSPECTORS. 
 
 2a. Necessity for. 
 
 Necessity for establishment of. 60 L.R.A. 
 
 Duty and liability to drain inspectors en- Ex j gtcn e e O f necessity for drainage o' pri- 
 tering premises in performance of their t k d 4JJ L H>A . 782 . 
 
 duty. 31 L.R.A.(N.S.) 380. 
 
 3. Taking of property for. 
 
 See EMINENT DOMAIN, 17. 
 
 DRAINS AND SEWERS. 
 
 7. In general; establishment, 1-7. 
 II. Duty and liability as to, 8-1O. 
 
 III. Procedure. 11. 
 
 IV. Assessments, 12-14. I 
 
 7. In general; establishment. 
 
 8 1. Generally. 
 
 Drainage districts, see DRAINAGE DISTRICTS. 
 Injunction as to, see INJUNCTION. 31. 
 Parties plaintiff in actions affecting, see 
 
 PARTIES, 5. 
 Drainage of water generally, see WATERS, 
 
 62. 
 Public improvements, generally, see PUBLIC 
 
 IMPROVEMENTS. 
 
 Incorporation of territory into municipal- 
 ity as affecting prior right to maintain 
 sewer in street. 47 L.R.A.(N.S.) 610. 
 
 Creation of easement of drainage by sever- 
 ance of tract of land with apparent 
 benefit existing. L.R.A.1915C, 353. 
 
 Injunction against municipality as to. 23 
 L.R.A. 301. 
 
 Mechanic's lien for sewer connections in 
 street. 42 L.R.A. (N.S.) 356. 
 
 ! light of taxpayer, in absence of statute, to 
 enjoin unlawful expenditures by munic- 
 ipality. 36 L.R.A. (N.S.) 23. 
 
 Draining ponds. 21 L.R.A. 605. 
 
 Itryin irith this boo 7,- on crcri/ Ian- question. 
 
 4. Use of highway for. 
 
 Power of municipality to authorize use ot 
 
 highway for private drain. 16 L.R.A. 
 
 715. 
 Construction in streets as additional burden 
 
 on easement. 17 L.R.A. 479. 
 Right of fee owner to use highway for ditch. 
 
 34 L.R.A.(N.S.) 506. 
 
 5. Connection with. 
 
 Right and duty to connect property with 
 
 drain or sewer. 70 L.R.A. 238. 
 Power to compel connection of property with 
 
 public sewer. L.R.A.1918C, 258. 
 Permitting abutting owner to make sewer 
 
 connection in street. 19 L.R.A. (N.S.) 
 
 512. 
 
 6. Maintenance of drainage ditches. 
 
 Landowner's right to compel repair. 69* 
 L.R.A. 806. 
 
 Action by officials. 69 L.R.A. 806. 
 
 What is 'repair? 69 L.R.A. 807. 
 
 Who to bear cost of repair. 69 L.R.A. 809. 
 
 The assessment. 69 L.R.A. 810. 
 
 Rights of landowner. 69 L.R.A. 811. 
 
 Estoppel. 69 L.R.A. 811. 
 
 Irregularities. 69 L.R.A. 811. 
 
 How far court may review and control pro- 
 ceedings. 69 L.R.A. 811. 
 
 Liability for nonrepair. 69 L.R.A. 813.
 
 INDEX TO L.R.A. NOTES. 
 
 437 
 
 DRAINS AND SEWERS, I. cont'd. 
 Certification of cost. 69 L.R.A. 813. 
 Repeal of law. 6!) L.R.A. 813. 
 
 7. Commissioners of drains and 
 sewers. 
 
 Right of woman to be commissioner of 
 sewers. 38 L.R.A. 211. 
 
 II. Diity and liability as to. 
 
 8. Generally. 
 
 Liability of landlord to third persons as to 
 condition of. 26 L.R.A. 202. 
 
 Liability of one connecting with drain or 
 sewer for injuries. 70 L.R.A. 242. 
 
 Liability for injury to higher property by 
 hastening drainage from lower land. 
 6 L.R.A. (N.S.) 146. 
 
 Liability for reopening or cleaning out 
 drain or natural water way after body 
 of surface water has accumulated. 40 
 L.R.A. (N.S.) 160. 
 
 Interference with drainage by damming 
 back water of stream. 59 L.R.A. 819. 
 
 Liability for turning steam or other danger- 
 ous vapors or gases into stream. 15 
 L.R.A.(N.S.) 957. 
 
 Employer's liability for negligence of inde- 
 pendent contractor in construction of 
 sewer. 65 L.R.A. 846. 
 
 "When limitations begin to run against ac- 
 tions for damages for flooding of land 
 by digging of drain. 20 L.R.A. (N.S.) 
 894; 25 L.R.A. (N.S.) 645. 
 
 9. Of municipality. 
 
 Liability of municipality for injuries due 
 to, see MUNICIPAL CORPORATIONS, 
 86-89. 
 
 Rights, duties and liability of municipal 
 corporation with respect to surface 
 water, see MUNICIPAL CORPORATIONS, 
 29, 91, 92. 
 
 Extent of municipal liability with respect 
 to, see DAMAGES, 78. 
 
 Effect of municipal indebtedness on acquisi- 
 tion of sewer system. 59 L.R.A. 604. 
 
 Abandonment of surface water drain by 
 city. 65 L.R.A. 286. 
 
 Right and duty to provide. 61 L.R.A. 673. 
 
 Location. 61 L.R.A. 67.7. 
 
 Construction. 61 L.R.A. 683. 
 
 Outlet. 61 L.R.A. 690. 
 
 Maintenance. 61 L.R.A. 696. 
 
 Parties. 61 L.R.A. 711. 
 
 Limitation. 61 L.R.A. 711. 
 
 Damages. 6,1 L.R.A. 712. 
 
 Effect of limitation of municipal indebted- 
 ness upon acquisition of sewer svstem. 
 59 L.R.A. 604. 
 
 Dutv of municipality to guard drainage 
 ditch along sidewalk. 27 L.R.A. (N.S.) 
 1169. 
 
 10. Interference with streams by. 
 
 As .to pollution of water course, generally, 
 see WATERS, 55-58, 66, 77, 80, 103, 
 113. 
 
 Liability for intercepting subterranean 
 
 waters by. 19 L.R.A. 94. 
 Consult also L.R.A. Digests of Cases. 
 
 DRAINS AND SEWERS cont'd. 
 ///. Procedure. 
 
 11. Generally. 
 
 General observations as to right to estab- 
 lish. 60 L.R.A. 161. 
 
 Institution of proceedings. 60 L.R.A. 166. 
 
 Jurisdiction over proceedings. 60 L.R.A. 
 172. 
 
 Plans and specifications. 60 L.R.A. 176. 
 
 Necessity must be shown. 60 L.R.A. 191. 
 
 Acquisition of right of way. 60 L.R.A. 195. 
 
 Completion of improvement. 60 L.R.A. 206. 
 
 Letting contract. 60 L.R.A. 217. 
 
 Supervision by court. 60 L.R.A. 224. 
 
 Acquisition of funds. 60 L.R.A. 226. 
 
 Contesting assessment. 60 L.R.A. 241. 
 
 Defects in work as a defense to assessment 
 56 L.R.A. 919. 
 
 Abandonment of drain. 60 L.R.A. 249. 
 
 How far court may review and control 
 proceedings. 69 L.R.A. 811. 
 
 IV. Assessments. 
 
 12. Generally. 
 
 Assessments for local improvements gener- 
 ally, see PUBLIC IMPROVEMENTS, IV. 
 
 For drainage ditches. 69 L.R.A. 810. 
 Acquiring funds to establish drains and 
 
 sewers by. 60 L.R.A. 227. 
 Contesting of. 60 L.R.A. 241. 
 Defects in work as defense to. 56 L.R.A. 
 
 919. 
 
 13. Persons and property liable for. 
 
 For local improvements generally, see PUB- 
 LIC IMPROVEMENTS, 16-23. 
 
 Basis for liability. 58 L.R.A. 353. 
 
 Consideration of principles involved. 58 
 L.R.A. 354. 
 
 The rule that assessment depends on bene- 
 fit. 58 L.R.A. 358. 
 
 Drainage districts. 58 L.R.A. 372. 
 
 Area assessments. 58 L.R.A. 374. 
 
 Public liability. 58 L.R.A. 378. 
 
 Assessment runs with the land. 58 L.R.A. 
 379. 
 
 Exemptions. 58 L.R.A. 380. 
 
 Renewal and maintenance. 58 L.R.A. 383. 
 
 Property liable for assessment for construc- 
 tion of drains or sewers. 26 L.R.A. 
 (N.S.) 973. 
 
 Liability of railroad property to assessment 
 for drains or sewers. L.R.A. 1915A, 
 129. 
 
 14. Enforcement; lien. 
 
 Enforcement of assessments for local im- 
 provements generally, see PUBLIC IM- 
 PROVEMENTS, 27-31. 
 
 Bill to quiet title on invalid sale of prop- 
 erty for sewer assessment. 60 L.R.A. 
 243. 
 
 Lien on abutting property for cost of sewer. 
 60 L.R.A. 237.
 
 4 :is 
 
 IM)i:X TO L.R.A. NOTES. 
 
 DRAMATIC PRODUCTIONS. 
 
 Rights of employers to dramatic pieces com- 
 posed by employees. 5 L.R.A. (N.S.) 
 1189. 
 
 What constitutes infringement of dramatic 
 copyright. 2 B. R. C. 107. 
 
 DRAMATIZATION. 
 
 Sale or assignment of story as carrying the 
 exclusive right to dramatize it. 41 
 L.R.A.(N.S.) 1002. 
 
 DRAWBRIDGE. 
 
 Duty of one approaching to stop, look, and 
 listen. 14 L.R.A. (N.S.) 452. 
 
 Contributory negligence of child injured on. 
 L.R.A.1917F, 99. 
 
 Municipal liability for negligence of bridge 
 tender. 19 L.R.A. (N.S.) 1178; 45 
 L.R.A.(N.S.) 98; L.R.A.1915F, 1062. 
 
 DRAWING. 
 
 Of grand jury, see GRAND JTJBT, 2. 
 
 DRAYMEN. 
 
 See CARTMAN AND TEAMSTERS. 
 
 DREDGING. 
 
 61 
 
 Duty of dredging wharves or docks. 
 
 L.R.A. 947. 
 Right to remove lateral support by dredg- 
 
 ing water bed. 64 L.R.A. 275. 
 
 DRIFT. 
 
 Obstruction of waters of stream by. 59 
 L.R.A. 871. 
 
 DRILLS. 
 
 Doctrine of "attractive nuisance" as applied 
 to injury from. 19 L.R.A. (N.S.) 1130. 
 
 Master's liability for injury by defect in 
 13 L.R.A. (N.S.) 678; 51 L.R.A.(N.S.) 
 338. 
 
 DRIVERS. 
 
 Imputing Negligence of, to passengers, see 
 NEGLIGENCE. 42, 44. 
 
 DIJIVERS cont'd. 
 
 Who is responsible for acts of driver of 
 hired vehicle. 13 L.R.A. (N.S.) 1122; 
 25 L.R.A. (N.S.) 33; 38 L.R.A. (N.S.) 
 !)73; L.R.A.1918E, 121. 
 
 Care required of driver of automobile at 
 railroad crossings. 21 L.R.A. (N.S.) 
 794; 29 L.R.A. (N.S.) 924; 46 L.R.A. 
 (N.S.) 702. 
 
 As fellow servant of servants of employer 
 of team and driver. 17 L.R.A. (N.S.) 
 338. 
 
 Liability of master for injury to person 
 riding with servant by latter's invita- 
 tion or permission. L.R.A. 1917F, 425. 
 
 Liability of owner of vehicle for injury to 
 child invited to ride by driver. 46 
 L.R.A. (N.S.) 199. 
 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car or employment of driver. 46 L.R.A. 
 (N.S.) 1091. 
 
 DRIVEWAY. 
 
 Right of abutting owner to join his land 
 to street by driveway or walk. 30 
 L.R.A.(N.S.) 1074. 
 
 *--. 
 
 DRIVING. 
 
 Injury while driving, see HIGHWAYS, VI.; 
 NEGLIGENCE, I. a, 4. 
 
 DRIVING LOGS. 
 
 Right to use stream for, see LOGS AND LOG- 
 GING, 4-10. 
 
 DROVERS. 
 
 1. Generally. 
 
 As independent contractors. 65 L.R.A. 468. 
 
 2. Accompanying stock during trans~ 
 portation. 
 
 Carrier's liability for injury to, see CAR- 
 BIERS, 57. 
 
 Right of conductor to waive condition in 
 pass of. 27 L.R.A. (N.S.) 646. 
 
 Rights of person riding on drover's pass. 
 22 L.R.A. 794; 31 L.R.A.(N.S.) 632. 
 
 Right of drover or stockman who uses car 
 after destination is reached. 30 L.R.A. 
 (N.S.) 571. 
 
 Riding on top of car as contributory neg- 
 ligence. 30 L.R.A. (N.S.) 425. 
 
 Benin with this TtooTc on every law question. 
 
 DROWNING. 
 
 As accident. 30 L.R.A. 211.
 
 INDEX TO L.R.A. NOTES. 
 
 DROWXING cont'd. 
 
 Liability on insurance policy for death by. 
 
 42 L.R.A. (N.S.) 631. 
 Contributory negligence of child drowned. 
 
 L.R.A.1917F, 109. 
 
 DRUGS AND DRUGGISTS. 
 
 1. Generally. 
 
 Validity of classification in Sunday law, as 
 to keeping drug store open. 14 L.R.A. 
 (N.S.) 1259. 
 
 Order for physical examination requiring 
 use of, as abuse of discretion. 15 
 L.R.A. (N.S.) 6G5. 
 
 Giving liquor or drugs to female with view 
 to having sexual intercourse with her 
 as constructive rape or assault with in- 
 tent to commit rape. 46 L.R.A. (N.S.) 
 422. 
 
 2. Effect of use of drugs. 
 
 Uce of drugs as ground for divorce, see DI- 
 VORCE AND SEPARATION, 27. 
 
 Use of drugs as affecting responsibility and 
 capacity. 39 L.R.A. 262. 
 
 Use of drugs as affecting testamentary ca- 
 pacity. 27 L.R.A. (N.S.) 31; L.R.A. 
 1915A, 450. 
 
 3. Regulation; license. 
 
 Private action for violation of statutes reg- 
 ulating sales of. 9 L.R.A.(N.S.) 382: 
 L.R.A.1915E, 560. 
 
 Construction and effect of statute prohibit- 
 ing or regulating sale of poisons. 30 
 L.R.A. (N.S.) 519. 
 
 What are medicines, drugs, or poisons with- 
 in the meaning of statutes regulating 
 pharmacists. 26 L.R.A. (N.S.) 1013. 
 
 Liability of druggist for injury to stranger 
 from drug or poison sold by him. 13 
 L.R.A.(N.S.) 646. 
 
 Right of unlicensed druggists to recover for 
 services rendered by licensed one. 2 
 L.R.A. (N.S.) 392. 
 
 Does fact that a drug clerk is a licensed 
 pharmacist relieve his employer from 
 liability for his negligence or lack of 
 skill. 39 L.R.A. (N.S.) 275. 
 
 Right of physician to sell drugs without a 
 prescription. 46 L.R.A. (N.S.) 3. 
 
 What constitutes misbranding within pure 
 drugs law. L.R.A.1916D, 169. 
 
 What constitutes adulteration within the 
 food and drugs act. L.R.A.1915B, 774. 
 
 4. Sale of liquor by druggists. 
 
 Must indictment or information for sale 
 of liquor by druggists on prescription 
 state name of purchaser. 23 L.R.A. 
 (N.S.) 583. 
 
 May records of sales of liquor, which a 
 druggist is required by law to keep, 
 be used as evidence against him in a 
 criminal prosecution. 25 L.R.A. (N.S.) 
 818. 
 
 Consult a/so L.R.A. Digests of Cases. 
 
 DRUGS AND DRUGGISTS cont'd. 
 5. Liability. 
 
 Furnishing or prescribing by physician of 
 habit-forming drugs. L.R.A.1918E, 669. 
 
 Liability of vendor of drugs for negligence, 
 21 L.R.A. 139. 
 
 Liability of druggist for injury to stranger 
 from drug or poison sold by him. 1 
 L.R.A.(N.S-) 1178; 13 L.R.A.(N.S-) 
 646. 
 
 Wife's right of action at common law 
 against one selling drugs to husband. 
 40 L.R.A. (N.S.) 360. 
 
 Duty of druggist or apothecary in the sale 
 or compounding of drugs or medicines. 
 29 L.R.A.(N.S.) 900; 47 L.R.A. (N.S.) 
 693. 
 
 Master's liability for injury done by serv- 
 ant to third person in use of deleterious- 
 drug placed in his custody. 10 L.R.A. 
 (N.S.) 374. 
 
 Does fact that a drug clerk is a licensed 
 pharmacist relieve his employer from 
 liability for his negligence or lack of 
 skill. 39 L.R.A.(N:.S.) 275. 
 
 Instigation or consent to crime for purpose 
 of detecting criminal as defense to pros- 
 ecution for illegal sale. 51 L.R.A. 
 (N.S.) 830. 
 
 6. Validity of agreements between 
 druggists. 
 
 Restraint of trade in medicine. 22 L.R.A. 
 
 674. 
 Validity of agreement in restraint of trade 
 
 ancillary to sale of drug business as 
 
 affected by territorial scope. 24 L.R.A. 
 
 (N.S.) 928. 
 Legality under modern anti-trust acts of 
 
 combinations between druggists. & 
 
 L.R.A.(N.S.) 136. 
 
 DRUMMERS. 
 
 See COMMERCIAL TRAVELERS. 
 
 + 
 
 DRUNKARDS. 
 
 Habitual drunkards, see HABITUAL DBUNK- 
 ARDS. 
 
 DRUNKENNESS. 
 
 1. Generally. . 
 
 Drunken passengers, see CARRIERS, 39, 
 40. 
 
 Effect on criminal responsibility, see CRIM- 
 INAL LAW, 10. 
 
 As ground for divorce, see DIVORCE AND 
 SEPARATION, 26. 
 
 Opinion evidence as to, see EVIDENCE, 188. 
 
 As to habitual drunkards, see HABITUAL 
 DRUNKARDS. 
 
 As to intemperance, see INTEMPERANCE.
 
 440 
 
 INDEX TO L.R.A. NOTES. 
 
 DRUNKENNESS cont'd. 
 Civil liability of seller of liquor for in- 
 juri^ resulting from intoxication, see 
 
 ivniXH MING I.lcjt'OBS, 41. 
 
 Effect of, on testamentary capacity, see 
 \\ ILLS, 11. 
 
 Libel or slander by charge of, against pub- 
 lic officer or candidate. L.R.A.1918E, 
 
 1'iv.Mimption as to continuance of. 35 
 I..1J.A. 122. 
 
 Municipal regulation of, as a nuisance. 39 
 L.R.A. 524. 
 
 Kffoct of intoxication on validity of mar- 
 riage. 34 L.R.A. 87. 
 
 Effect of fact that habit of drunkenness re- 
 lied upon as ground for divorce was 
 contracted before marriage. L.R.A. 
 191 8C, 867. 
 
 Effect of, on right of parent to custody of 
 child. 41 L.R.A.(N.S.) 592, 605. 
 
 AB affecting testamentary capacity. 39 
 L.R.A. 220. 
 
 As justification for discharge of servant 'or 
 agent. 38 L.R.A. (N.S.) 339. 
 
 As ground for discharge of one employed 
 in executive or supervisory capacity. 
 L.R.A.1918C, 1038. 
 
 AB disturbance of public peace. 32 L.R.A. 
 (N.S.) 505. 
 
 In court room as contempt. 33 L.R.A. (N. 
 S.) 138. 
 
 As ground for removal of officer. 50 L.R.A. 
 (N.S.) 912. 
 
 Effect of, on voluntariness of confession. 50 
 L.R.A. (N.S.) 1083. 
 
 Intoxication of defendant as affecting lia- 
 bility for libel or slander. 51 L.R.A. 
 (N.S.) 1198. 
 
 Right of innkeeper to refuse to accept as 
 guest, drunken or disorderly person. 
 52 L.R.A. (N.S.) 744. 
 
 Recovery under workmen's compensation 
 act where workman was intoxicated at 
 time of injury. L.R.A.1916A, 351; 
 L.R.A.1917D, 134. 
 
 Recovery under Workmen's Compensation 
 Statutes for injury caused solely by 
 intoxication of employee. L.R.A.1918F, 
 900. 
 
 Injuries by intoxicated person as within 
 provision of accident insurance policy 
 exempting insurer or limiting liability 
 in case of an injury intentionally in- 
 flicted by another. 48 L.R.A. (N.S.) 
 527. 
 
 Continuance because of intoxication of par- 
 ty. 42 L.R.A.(N.S.) 667. 
 
 2. Provision in insurance policy 
 
 against. 
 See INSURANCE, 98. 
 
 S. Contracts with drunken persons. 
 
 Right to affirmative relief in equity from 
 contract on ground that it was pro- 
 cured from complainant while intoxi- 
 cated. 17 L.R.A.(N.S.) 1066. 
 
 8 4. validity of. 
 
 Validity of contract made with intoxicated 
 person. 54 L.R.A. 440; 25 L.R.A. (N 
 S.) 596; L.R.A.1915B, 1121. 
 
 I >II I ' N K KN'NESS cont'd. 
 
 Intoxication as defense to bill or note in 
 hands of bona fide holder. 46 L.R.A. 
 (N.S.) 212. 
 
 5. As affecting negligence or con- 
 tributory negligence. 
 
 Intoxication no excuse. 40 L.R.A. 131 : 47 
 L.R.A.(N.S.) 731; L.R.A.1916F, 101. 
 
 Effect when there is negligence on both 
 sides. 40 L.R.A. 139. 
 
 Question for the jury. 40 L.R.A. 141; 47 
 L.R.A. (N.S.) 740. 
 
 Presumption and burden of proof. 40 
 L.R.A. 142; 47 L.R.A. (N.S.) 740. 
 
 Intoxication amounting to contributory neg- 
 ligence. 40 L.R.A. 132; 47 L.R.A. 
 (N.S.) 733; L.R.A.1916F, 101. 
 
 Intoxication as evidence of negligence. 40 
 L.R.A. 143; 47 L.R.A. (N.S.) 740; 50 
 L.R.A.(N.S.) 568. 
 
 Intoxication of driver on defective high- 
 way as contributory negligence. 13 
 L.R.A.(N.S.) 1267. 
 
 Employment of persons having habits of in- 
 toxication. 47 L.R.A. (N.S.) 742. 
 
 6. on railroad track. 
 
 Intoxication of person on railroad track 
 as affecting applicability of doctrine 
 of last clear chance, see NEGLIGENCE, 
 52. 
 
 Intoxication of person injured at crossing. 
 40 L.R.A. 133; 47 L.R.A. (N.S.) 735. 
 
 Intoxication of person injured by railroad 
 trains operated longitudinally along 
 public street. 49 L.R.A. (N.S.) 687. 
 
 7. in highway. 
 
 Liability for injury to drunken person by 
 defect in street. 2 L.R.A.(N.S.) 481. 
 
 When drunkenness amounts to contributory 
 negligence in case of injury in high- 
 ways, street, etc. 40 L.R.A. 138; 47 
 L.R.A.(N.S.) 737; L.R.A.1916F, 102. 
 
 Degree of care required of intoxicated per- 
 sons in defective street. 21 L.R.A. (N. 
 S.) 626; 48 L.R.A. (N.S.) 628. 
 
 Intoxication of driver on defective highway 
 as contributory negligence. 13 L.R.A. 
 (N.S.) 1267. 
 
 Intoxication of person operating automobile. 
 
 L.R.A.1917A, 313. 
 
 As affecting homicide by negligent 
 operation. L.R.A.1918B, 957. 
 
 Intoxication of person injured by railroad 
 trains operated longitudinally along 
 public street. 49 L.R.A.(N.S.) 687. 
 
 Of driver of horse encountering automobile 
 on highway. 50 L.R.A.(N.S.) 568. 
 
 8. of passenger. 
 
 Carrier's duty to look after drunken pas- 
 senger after he has left car. 8 L.R.A. 
 (N.S.) 298. 
 
 Ejection of intoxicated passenger. 19 L.R.A. 
 327; L.R.A.1915C, 134. 
 
 Liability of carrier for act of obviously 
 drunken passenger. 4 B. R. C. 330. 
 
 Carrier's liability for forcing sick or in- 
 toxicated passenger out of car and onto 
 platform. 16 L.R.A. (N.S.) 197. 
 
 Carrier's duty to accept intoxicated person 
 
 , . 
 
 icilh thin hook on every law question. 
 
 as a passenger. 26 L.R.A. (N.S.) 173; 
 L.R.A.1915E, 788.
 
 INDEX TO L.E.A. NOTES. 
 
 441 
 
 DRUNKENNESS cont'd. 
 
 Intoxication as affecting negligence of pas- 
 senger. 40 L.R.A. 134; 47 L.R.A. (N.S.) 
 736; L.R.A.1916F, 102. 
 
 9. of fellow servant. 
 
 Employment of persons having habits of 
 intoxication. 40 L.R.A. 146; 47 L.R.A. 
 (N.S.) 742. 
 
 Master's liability for injuries caused by 
 fellow servant rendered incompetent by 
 use of liquor. 25 L.R.A. 714. 
 
 Evidence of fellow servant's intemperance 
 in action by injured servant. 14 L.R.A. 
 (N.S.) 770. 
 
 DRY DOCK. 
 
 Right of municipal corporation to main- 
 tain dry dock. 31 L.R.A. (N.S.) 121. 
 
 DUCES TECUM. 
 
 Subpoena duces tecum, see WITNESSES, 5. 
 
 DUCKING STOOL. 
 
 As cruel and unusual punishment. 35 
 L.R.A. 569. 
 
 DUEBILL. 
 
 Personal liability of corporate officers on. 
 
 19 L.R.A. 677. 
 Clearing house duebill. 25 L.R.A. 826. 
 
 DUELING. 
 
 Solicitation to. 25 L.R.A. 437. 
 
 Cruel or unusual punishment for. 35 
 
 L.R.A. 571. 
 Homicide in the commission of. 63 L.R.A. 
 
 377. 
 Degree of homicide in case of killing in 
 
 duel. 5 L.R.A.(N.S.) 821. 
 
 DUE PROCESS OF LAW. 
 
 See CONSTITUTIONAL LAW, IX. c. 
 
 DUES. 
 
 Meaning of. 15 L.R.A. 513. 
 
 EnforceabOity of dues of members of social 
 
 clubs. 34 L.R.A. (N.S.) 647. 
 Consult also L.R.A. Digests of Cases. 
 
 DUMB PERSONS. 
 
 See DEAF AND DUMB. 
 
 DUMB WAITER. 
 
 Liability of landlord for personal injuries 
 to wife of lessee. L.R.A.1916F, 1152. 
 
 Liability of landlord for personal injury 
 by defects in, to member of lessee's- 
 family other than wife. L.R.A. 1916F, 
 1162. 
 
 Landlord's liability for injury to servant of 
 tenant by defect in dumb waiter. 
 L.R.A.1916F, 1148. 
 
 DUMMY DIRECTORS. 
 
 Validity of agreement to elect. 
 (N.S.) 658. 
 
 27 L.R.A, 
 
 DUMMY STOCKHOLDERS. 
 
 Liability of dummy-holder of stock for 
 pledgee's benefit. 36 L.R.A. 140. 
 
 Liability of pledgee of stock listed in name 
 of dummy holder. 19 L.R.A. (N.S.) 
 252. 
 
 DUMPING GROUND. 
 
 Municipal liability as to, see MUNICIPAL 
 
 CORPORATIONS, 78. 
 
 DUPLICATE. 
 
 Presumption as to alteration of typewritten 
 instrument made in duplicate. 18 
 L.R.A. (N.S.) 680. 
 
 To whom delivery may be made under du- 
 plicate bills of lading. 38 L.R.A. 362. 
 
 DUPLICITY. 
 
 In indictment, see INDICTMENT, ETC., 31. 
 In pleading in civil action, see PLEADING, 
 
 15. 
 In statutes, see STATUTES, 13, 14. 
 
 In description of offense in bail bond or 
 recognizance. 38 L.R.A.(N.S.) 328. 
 
 DURATION. 
 
 Of easement, see EASEMENTS, 17. 
 
 Of employment, see MASTER AND SERVANT, 
 5. 
 
 Of municipal contract, see MUNICIPAL COR- 
 PORATIONS, 55.
 
 442 
 
 l\l>l-:\ TO I..H.A. -NOTES. 
 
 1>L KATIOX conf.l. 
 
 Of private corporation. 33 L.E.A. 576. 
 
 Of period of compulsory labor of prisoner. 
 27 L.R.A. 600. 
 
 Right of witness to express opinion as to 
 duration of time. L.R.A. 191 8A, 708. 
 
 DURESS. 
 
 1. Generally. 
 
 Contract procured by threats of prosecu- 
 tion of a relative, see CONTRACTS, 91. 
 
 Equity jurisdiction in case of, see EQUITY, 
 8. 
 
 To avoid marriage. 43 L.R.A. 814. 
 
 Cohabitation as ratification of forced mar- 
 riage. 27 L.R.A.(N.S.) 805. 
 
 Of employee in respect to inventions. 5 
 L.R.A.(N.S.) 1179. 
 
 Incriminating evidence furnished by de- 
 fendant acting under compulsion. 32 
 L.R.A. (N.S.) 772; L.R.A.1918B, 849. 
 
 2. What constitutes. 
 
 By lien on real property. 16 L.R.A. 376. 
 
 By demanding receipt as a condition of 
 payment. 1 L.R.A. (N.S.) 867. 
 
 Payment of illegal bonus for discharge of 
 mortgage pending foreclosure. 2 
 L.R.A.(N.S.) 574. 
 
 What constitutes duress for which mar- 
 riage may be annulled. 27 L.R.A. (N. 
 S.) 803. 
 
 When payment of license fee is made under 
 duress. 22 L.R.A. (N.S.) 873. 
 
 Voluntariness of payment of license fee un- 
 lawfully exacted under color of author- 
 ity. 22 L.R.A.(N.S.) 872; 49 L.R.A. 
 (N.S.) 387. 
 
 Merely demanding that accused produce in- 
 criminating document as violation of 
 his privilege against self-crimination. 
 35 L.R.A.(N.S.) 1171. 
 
 Threats of imprisonment by public officer. 
 L.R.A.1916B, 670. 
 
 Duress of real property. L.R.A.1915B, 498. 
 
 3. Effect of. 
 
 Right to recover back money paid under, 
 
 see ASSTJMPSIT, 4; TAXES, 86, 87. 
 As excuse for crime, see CRIMINAL LAW, 
 
 22. 
 As ground for divorce, see DIVOBCE AND 
 
 SEPARATION, 21. 
 As ground for injunction against judgment, 
 
 see INJUNCTION, 56. 
 Effect of, to avoid marriage, see MARRIAGE, 
 
 6. 
 
 As ground of attack on divorce decree. 
 L.R.A.1917B, 457. 
 
 As affecting compromise. 25 L.R.A. (N.S.) 
 308. 
 
 Impeachment of certificate of acknowledg- 
 ment because of. 41 L.R.A.(N.S.) 
 1169. 
 
 Mi RKSS cont'd. 
 
 As ground of injunction against judgment. 
 30 L.R.A. 802. 
 
 Right to avoid marriage entered into to 
 escape prosecution for seduction, upon 
 ground of duress. 16 L.R,A. (N.S.) 
 938. 
 
 Voluntariness of confession made under. 
 18 L.R.A.(N.S.) 795; 50 L.R.A. (N.S.) 
 1077. 
 
 Effect of shipping contract limiting car- 
 rier's common law liability signed under 
 compulsion. 28 L.R.A. (N.S.) 637. 
 
 As an excuse for crime. 19 L.R.A. 357. 
 
 Effect of duress of real property. L.R.A. 
 1915B, 498. 
 
 Enforcement of contract entered into under 
 circumstances not constituting duress 
 by its proper law, but so regarded by 
 the law of the forum. 4 B. R. C. 423. 
 
 DUST. 
 
 Servant's assumption of risk from. 25 
 L.R.A.(N.S.) 364. 
 
 Right to recover for, in condemnation pro- 
 ceedings. 40 L.R.A.(N.S.) 48. 
 
 Right to compensation in condemnation 
 proceedings for damages to part of 
 tract not taken by dust incidental to 
 operation of railroad. 17 L.R.A. (N.S.) 
 1054; L.R.A.1916E, 445. 
 
 DUTIES. 
 
 When is offense of smuggling, denounced by 
 
 U. S. Rev. Stat. 2865 (U. S. Comp. 
 
 Stat. 1901, p. 1905), complete. 31 
 
 L.R.A.(N.S.) 264. 
 Question relating to, as Federal question. 
 
 62 L.R.A. 538. 
 
 Permit for unlading. 56 L.R.A. 134. 
 Entry or statement of baggage. 56 L.R.A. 
 
 133. 
 Forfeiture for violation of revenue laws. 
 
 2 L.R.A.(N.S.) 185. 
 
 Forfeiture of dutiable articles in passen- 
 ger's baggage. 56 L.R.A. 130. 
 Necessity and sufficiency of statement of 
 
 grounds in notice of protest required as 
 
 condition of recovering back unlawful 
 
 duties paid. 36 L.R.A. (N.S.) 482. 
 Right to recover price of goods sold to 
 
 smugglers. 15 L.R.A. 834. 
 Liability of carrier for extra duties result- 
 
 ing from deviation. L.R.A.1918A, 1066. 
 Bcrjin uHth this book on every laic question.
 
 INDEX TO L.R.A. NOTES. 443 
 
 DWELLINGS. DYING DECLARATIONS. 
 
 1. Generally. 
 
 As to buildings, see BUILDINGS. 
 Covenants as to, see COVENANTS, 22. 
 
 Eight of peace officer to enter dwelling to 
 make arrest. 16 L.R.A. 500. 
 
 Homicide to prevent attack in, or trespass 
 or assault on. 67 L.R.A. 541 ; 45 L.R.A. 
 (N.S.) 71. 
 
 ''Retreat to the wall" in homicide in defense 
 of. 2 L.R.A. (N.S.) 71. 
 
 Right of owner or lessee of mineral in place 
 to use the surface of the land for erec- 
 tion of. 48 L.R.A.(N.S.) 888. 
 
 Effect of constitutional or statutory pro- 
 vision exempting dwelling houses from 
 condemnation proceedings. L.R.A. 
 1916A, 1100. 
 
 Eight to break and enter dwelling to serve 
 civil writ of process. L.R.A. 1916D, 
 281. 
 
 2. What are. 
 
 What constitutes. 67 L.R.A. 545. 
 
 What are dwellings within meaning of a 
 water company's obligation to supply 
 water at prescribed rates for dwellings. 
 11 L.R.A.(N.S.) 613. 
 
 Admissibility of evidence, see EVIDENCE, XL 
 
 j- 
 Weight of, see EVIDENCE, 318a. 
 
 DYNAMITE. 
 
 As to explosives generally, see EXPLOSIONS 
 AND EXPLOSIVES. 
 
 Negligence in the manufacture and storage 
 of. 29 L.R.A, 718. 
 
 Master's liability for injuries due to ex- 
 plosion of, by lightning. 28 L.R.A. (N. 
 S.) 1260. 
 
 As dangerous agency for injury by which, 
 when used by servant, master is liable. 
 10 L.R.A. (N.S.) 372, 376, 397. 
 
 Liability for injury to children from dyna- 
 mite left accessible to them. 14 L.R.A. 
 (N.S.) 586; L.R.A.1917A, 1295. 
 
 Violation of statute or ordinance relating 
 to, as ground of private action. 48 
 L.R.A.(N.S.) 880. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 EARNINGS. 
 
 Future earnings, see FUTUBE EARNINGS. 
 
 Right of creditors in personal services of 
 
 debtor. 21 L.R.A. 623. 
 Capitalization of, in valuation of public 
 
 service property. 48 L.R.A. (N.S.) 
 
 1109; L.R.A.1916F, 655. 
 As element to be considered in determining 
 
 compensation to be paid public utility 
 
 company upon taking its plant. 47 
 
 L.R.A.(N.S.) 784, 785, 799. 
 Consideration of, in determining value of 
 
 property for taxation. L.R.A.1916C, 
 
 529. 
 
 Taxation of, as part of capital stock of cor- 
 poration. 58 L.R.A. 569. 
 Loss of, as element of damages for breach of 
 
 contract of partnership. 51 L.R.A. 
 
 (N.S.) 90. 
 Evidence of the earnings of the deceased 
 
 to show pecuniary loss by his death. 
 
 L.R.A.1918C, 1080, 1112; L.R.A.1918E, 
 
 280. 
 Basis for determining earning capacity in 
 
 action under Civil Damage Act. L.R.A. 
 
 1918F, 654. 
 
 EARTH OILS. 
 
 Keeping of, on insured premises. L.R.A. 
 
 1917C, 278. 
 Consult also L.R.A. Digests of Cases. 
 
 EARTHQUAKE. 
 
 Liability of insurer for fire caused by. 21 
 
 L.R.A.(N.S.) 103. 
 Fall of building clause in fire insurance 
 
 policy. 32 L.R.A.(N.S.) 604. 
 
 EASEMENTS. 
 
 I. In general, 1. 
 II. What constitutes, 2. 
 III. Nature; Kind, 3-5. 
 IV. Creation; how acquired, 6-1& 
 a. In general, 6. 
 ft. By express terms, 7, 8. 
 
 c. By prescription, 9.- 
 
 d. By implication , as appiirte- 
 
 nant; of necessity, 1O- 
 15. 
 
 V. Transfer of; duration, 16, 17. 
 VI. Interference with; change of, 
 
 18-21. 
 
 VII. Extent of right; maintenance of 
 easement; remedies, 22-24. 
 VIII. Loss; abandonment; extinguish- 
 ment, 25-28. 
 
 I. In general. 
 
 1. Generally. 
 
 Public easement, see HIGHWAYS; PABKP 
 In highway, see HIGHWAYS, IV.
 
 444 
 
 INDKX TO L.R.A. NOTES. 
 
 i: A^r.MK.NTS, I. cont'd. 
 
 In party wall, see PARTY WALL, 2. 
 
 In stairway, see STAIRWAY, 1. 
 
 In waters, see WATERS, II. 
 
 Tenant's easement of light and air, see 
 
 LANDLORD AND TENANT, 43. 
 of lateral support. s.v LATERAL SUPPORT. 
 As to license, see LKKNSK. I. 
 As to subjacent support, see MINES, 29. 
 As to railroad ri^ht of way, see RAIL- 
 
 HOAIIS, 15 L8. 
 
 Registration of easements under the Tor 
 
 rens Law. L.R.A.1916D, 77. 
 Existence oi public liighway, private way, 
 
 or railroad right of way across land 
 
 at time of conveyance as breach of 
 
 covenants. 48 L.R.A. (N.S.) 619. 
 Existence of water right on land at time 
 
 of conveyance as breach of covenant. 
 
 51 L.R.A.(N.S.) 428. 
 Effect of lapse of time to cure defect in 
 
 title consisting of easement. 38 L.R.A. 
 
 (N.S.) 39. 
 What constitutes a "taking" of. 18 L.R.A. 
 
 166. 
 Possession of easement as notice of title. 
 
 13 L.R.A.(N.S.) 132. 
 Injunction against interference with fences 
 
 under claim of. 7 L.R.A.(N.S.) 58. 
 Of right of way on shore. 4 L.R.A. (N.S.) 
 
 872. 
 Dedication of land as affecting easement. 
 
 31 L.R.A.(N.S.) 1028. 
 Enforcement of provision for right of way, 
 
 although valid reservation not created. 
 
 3 L.R.A.(N.S.) 98. 
 Duty to member of public on private way 
 
 used by public generally. 21 L.R.A. 
 
 (N.S.) 977. 
 
 II. What constitutes. 
 
 2. Generally. 
 
 Interest of owner in burial lot as. 67 
 L.R.A. 119; L.R.A.1918A, 147. 
 
 Restrictive covenants as to use of property 
 as. 37 L.R.A.(N.S.) 36. 
 
 III. Nature; Tcind. 
 
 3. Generally. 
 
 Nature of right to lateral and subjacent 
 
 support. 68 L.R.A. 683. 
 Effect upon easement of unity of seisin of 
 dominant and servient estates. 1 
 B. R. C. 477. 
 
 Easement for use of water as appurtenant 
 or in gross. L.R.A.1918F, 447. 
 
 4. Effect of, on title to land. 
 
 As affecting marketability of title. 38 
 L.R.A.(N.S.) 33. 
 
 Existence of public highway, private wav, 
 or railroad right of war across land at 
 time of conveyance as breach of cove- 
 nants. 30 L.R.A.(N.S.) 833. 
 
 5. knowledge of existence of. 
 
 Effect of purchaser's knowledge of, in ac- 
 tion for breach of covenant against en- 
 .umbrance. 4 L.R.A. (N.S.) 314. 
 
 Physical conditions which will charge pur- 
 cha er of servient estate with notice of 
 easement. 8 L.R.A. (N.S.) 418. 
 
 Begin u-ith this book on every law question. 
 
 EASEMENTS cont'd. 
 
 IV. Creation; how acquired, 
 a. In general. 
 
 6. Generally. 
 
 Easement of builder of party wall in non- 
 builder's land. 66 L.R.A. 704. 
 
 b. By express tertns. 
 
 7. Generally. 
 
 Grant of right of way on shore. 4 L.R.A. 
 (N.S.) 881. 
 
 Validity of contract by public-service cor- 
 poration for exclusive right of way 
 across private propertv. 36 L.R.A. 
 (N.S.) 456. 
 
 Power of husband to create easements in 
 homestead without wife's consent. 27 
 L.R.A.(N.S.) 963. 
 
 Effect of language in deed indicating pur- 
 pose of grant or use to which the prop- 
 erty is to be put as creating easement. 
 L.R.A.1918B, 701, 706. 
 
 8. By exception and reservation. 
 
 General distinctions between exception and 
 reservation. 20 L.R.A. 631. 
 
 Creation of easement by reservation. 20 
 L.R.A. 631. 
 
 Words of inheritance necessary in the res- 
 ervation of easements. 20 L.R.A. 632. 
 
 Exception of easements. 20 L.R.A. 632. 
 
 Words of inheritance not necessary to ex- 
 cept an easement in fee. 20 L.R.A. 633. . 
 
 Necessity of technical words. 20 L.R.A. 
 633. 
 
 Reservation out of grantee's ocher proper- 
 ty. 20 L.R.A. 633. 
 
 Reservation in favor of stranger. 20 L.R.A. 
 634. 
 
 Construction of reservation. 20 L.R.A. 634. 
 
 Duration of easements appurtenant. 20 
 L.R.A. 635. 
 
 Illustration of the use of reservations. 20 
 L.R.A. 637. 
 
 Reserved in condemnation case to reduce 
 damages. 26 L.R.A. 751. 
 
 8. By exception and reservation. 
 
 Effect of provision as to crossing in deed 
 to railroad right of way. 4S 
 L.R.A.(NJS.) 378. 
 
 c. By prescription. 
 
 9. Generally. 
 
 Prescriptive rights as to easements in 
 water, see WATERS, 101-105. 
 
 Acquisition of easement by prescription 
 where original use was under li- 
 cense. 44 L.R.A. (N.S.) 89. 
 
 Use of way by necessity as affecting cre- 
 ation of easement by prescription. 44 
 L.R.A. (N.S.) 101. 
 
 Acquisition by prescription of right to visit 
 object of interest on private property, 
 or to resort thereto for purposes of 
 pleasure. 4 B. R. C. 889.
 
 INDEX TO L.R.A. NOTES. 
 
 445 
 
 EASEMENTS, IV. c cont'd. 
 
 May a tenant of one close acquire an ease- 
 ment in an adjoining close of his land- 
 lord against the latter or another of 
 his tenants. 4 B. R. C. 998. 
 
 Prescriptive easement to discharge water, 
 snow, or ice from roof upon, premises 
 of adjoining owner. L.R.A.1916A, 695. 
 
 Prescriptive right to fish. CO L.R.A. 496. 
 
 Prescriptive right by use of underground 
 water pipes. 2 L.R.A.(N.S.) 976. 
 
 Prescriptive right to lateral support of 
 buildings. 20 L.R.A. 730. 
 
 Right of way on shore by custom or pre- 
 scription. 4 L.R.A. (N.S.) 880. 
 
 Acquisition by prescription of party -wall 
 easement in common division wall. 18 
 L.R.A.(N.S.) 131. 
 
 Prescription or adverse possession of grave 
 or burial lot. 40 L.R.A.(N.S.) 752. 
 
 Acquisition qf prescriptive right of way 
 across railroad tracks. 35 L.R.A. 
 (N.S.) 190; 48 L.R.A. (N.S.) 903. 
 
 Effect of protest by owner to prevent ac- 
 quisition of right of way by prescrip- 
 tion. 25 L.R.A.(N.S.) 174. 
 
 Leaving bars or gates for convenience of 
 neighbor when fencing land, as affect- 
 ing the acquisition of easement of way 
 by prescription. 35 L.R.A. (N.S.) 941. 
 
 Void parol conveyance of easement as foun- 
 dation for easement by prescription. 
 
 13 L.R.A. (N.S.) 991. 
 
 Burden of showing that use upon which an 
 easement by prescription is claimed was 
 permissive, and not under claim of 
 right. 8 L.R.A. (N.S.) 149; 44 L.R.A. 
 (N.S.) 98. 
 
 d. By implication; as appurtenant; of 
 necessity. 
 
 10. Generally. 
 
 Creation of easement by sale of land aa 
 bounded by street or alley, see DEDICA- 
 TION, 6. 
 
 Appurtenant easements. 2 L.R.A. 285 ; * 
 
 14 L.R.A. 300; 20 L.R.A. 635. 
 Implied grant of. in partition deed. 3 
 
 L.R.A. (N.S.) 1082. 
 Right of way on shore as appurtenant to 
 
 fishery right. 4 L.R.A.(N.S.) 879. 
 Reciprocal easements as to artificial water 
 
 rights. 17 L.R.A.(N.S.) 945. 
 Way appurtenant to close from which it is 
 
 separated by -intervening lands. 2 
 
 L.R.A.(N.S.) 983. 
 Right to discharge water, snow or ice from 
 
 roof upon premises of adjoining own- 
 er. L.R.A.1916A, 693. 
 
 11. By conveyance with reference to 
 street, alley, or private way. 
 
 Effect of bounding grant on private way to 
 carry title thereto. 24 L.R.A. (N.S.) 
 539. 
 
 Right of grantee to claim an easement, im- 
 plied covenant, or estoppel, as against 
 the grantor, by a call in the deed for a 
 street or alley in which the grantor 
 owns the fee. 14 L.R.A. (N.S.) 878. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EASEMENTS, IV. d cont'd. 
 
 Right of purchaser of property according 
 to plat to easements in streets or ways 
 indicated thereon, other than those on 
 which his property abuts. 28 L.R.A. 
 (N.S.) 1024. 
 
 Implied easement by exhibiting unfiled plat 
 to intending purchaser. 35 L.R.A. (N.S.) 
 938. 
 
 Bounding land on alley as covenant that 
 alley exists, where grantor does not 
 own the fee thereof. 10 L.R.A. (N.S.) 
 964. 
 
 12. By severance of tract of land 
 with apparent benefit existing. 
 
 The general rule. 26 L.R.A.(N.S.) 316; 
 L.R.A.1915C, 346. 
 
 Requisites. 26 L.R.A. (N.S.) 324; L.R.A. 
 1915C, 347. 
 
 Incidents. 26 L.R.A. (N.S.) 336; L.R.A. 
 1915C, 348. 
 
 Application of rules to easements of way 
 or passage. 26 L.R.A. (N.S.) 344; 
 L.R.A.1915C, 349. 
 
 Application of rules to easements in waters 
 and water courses. 26 L.R.A-(N.S.) 
 356; L.R.A.1915C, 351. 
 
 Application of rules to easements of drain- 
 age. 26 L.R.A.(N.S.) 361; L.R.A. 
 1915C, 353. 
 
 Application of rules to easements of sup- 
 port of land and buildings. 2G L.R.A. 
 (N.S.) 364; L.R.A.1915C, 353. 
 
 Application of rules to easements of light 
 and air. 26 L.R.A.(N.S.) 369; L.R.A. 
 1916C, 354. 
 
 Use of building. L.R.A.1915C, 355. 
 
 Miscellaneous. L.R.A.1915C, 355. 
 
 13. Easements of light, air, and 
 prospect. 
 
 Interference with easements, see infra, 
 
 19-21. 
 Tenant's easements, see LANDLORD AND 
 
 TENANT, 43. 
 
 Abutting owner's easements of light and 
 air. 11 L.R.A. 634;* 14 L.R.A. 370, 
 381. 
 
 Implied easement of light, air, and pros- 
 pect. 22 L.R.A. 536. 
 
 Tenant's easement of light and air. 22 
 L.R.A. 540; 23 L.R.A. 158. 
 
 Does lease carry right to light and air from 
 adjoining premises of landlord. 13 
 L.R.A.(N.S.) 333; L.R.A.1918B, 475. 
 
 American law as to easements of light, air, 
 and prospect. 22 L.R.A. 536; 8 
 L.R.A.(N.S.) 350. 
 
 Creation of easements of light and air by 
 severance of tract of land with appar- 
 ent benefit existing. 26 L.R.A.(N.S.) 
 o.9; L.R.A.1915C, 354. 
 
 14. Way of necessity. 
 
 Way of necessity where other possible 
 modes of access exist. 17 L.R.A. (N.S.) 
 1019; 32 L.R.A.(N.S.) 1075.
 
 446 
 
 EASEMENTS, IV. d cont'd. 
 
 Does the fact that the sale of part of a 
 tract is involuntary prevent the impli- 
 cation of a way t.'v necessity over the 
 .under. 12 L.R.A.I N.S.) 482. 
 
 Use of way by necessity as affecting cre- 
 ation of easement by prescription. 44 
 I. .1;. A. i N.S.) 101. 
 
 15. Implication from necessity of 
 ea.-cnient other than rljrht of way. 
 In general. 8 L.R.A. (N.S.) 328. 
 
 F. Transfer of; duration. 
 
 8 16. Transfer of. 
 
 Devise as carrying visible easement. 38 
 L.R.A.(N.S!) 882. 
 
 Effect of attempt to sever appurtenant ease- 
 ment from the premises for the benefit 
 of which it exists. 14 L.R.A. 300. 
 
 Right to assign or transmit easement in 
 gross. 14 L.R.A. 333. 
 
 Easement for use of water as appurtenant 
 or in gross. L.R.A.1918F, 447. 
 
 Applicability to, of rule against conveyance 
 of land held adversely. 35 L.R.A. (N. 
 S.) 744. , 
 
 Transferability of right to take advantage 
 of breach of condition on which ease- 
 ment granted. 60 L.R.A. 764. 
 
 Right of owner of dominant estate to grant 
 rights in easement to one having no 
 title to or interest in the tract to which 
 it is appurtenant. 41 L.R.A. (N.S.) 
 1107. 
 
 Right of remote grantee to claim easement 
 by way of necessity not opened by im- 
 mediate grantee. 46 L.R.A. (N.S.) 156. 
 
 8 17. Duration. 
 
 Duration of easements appurtenant. 20 
 L.R.A. 635. 
 
 Duration of right created by provision as 
 to crossing in deed to railroad right 
 of way. 48 L.R.A. (N.S.) 380. 
 
 VI. Interference irith; change of. 
 
 8 18. Generally. 
 
 Right to change easement. 15 L.R.A. 93. 
 
 Building over right of way. 15 L.R.A. 487. 
 
 Revocabilitv of license interfering with ease- 
 ment. "49 L.R.A. 505. 
 
 Grant of "free" right of way; right to ob- 
 struct 3 L.R.A. (N.S.) 461. 
 
 Change in exercising right to take water 
 from another's premises. 43 L.R.A. 
 (N.S.) 824. 
 
 Right to maintain gates or bar across right 
 
 INDEX TO L.R.A. NOTES. 
 
 of way 
 Right of owner 
 
 48 L.R.A.(N.S.) 87. 
 
 of servient tenement to 
 
 fence side of right of way as against 
 
 owner of the dominant tenement. 
 R, C. 261. 
 
 7 B. 
 
 19. Easements of light, air, and 
 prospect. 
 
 Creation of easements, see supra, 13. 
 
 Change in character or use of dominant tene- 
 ment as affecting easement. L.R.A. 
 1!)17A. .V28. 
 
 EASEMENTS, VI. cont'd. 
 
 Injury to abutter's easements of light, air, 
 and access by vacating street, changing 
 grade, etc. 14 L.R.A. 370, 383. 
 
 Bad motive as affecting liability for ob- 
 structing light and air. 62 L.R.A. 683. 
 
 Right to interfere with light and air by 
 Imilding over right of way. 16 L.R.A. 
 (N.S.) 103. 
 
 Interference with view. L.R.A.1917C, 11 '''>. 
 
 Injunction against interference with view 
 from street. 5' L.R.A. (N.S.) 486. 
 
 Mandatory injunction for removal of ob- 
 struction to light. 20 L.R.A. 161. 
 
 What constitutes a "taking" of. 18 L.R.A. 
 166. 
 
 20. by railroad. 
 
 Right of property owner to compensation for 
 interference with light or air by rail- 
 road structure on company's own pron- 
 erty. 20 L.R.A. (X.S.) 1061. 
 
 Abutter's right to compensation for inter- 
 ference with easement of light, air. anil 
 access by railroad in street. 36 L.R.A. 
 (N.S.) 736, 778. 
 
 21. on leased premises. 
 
 Liability of landlord to tenant for obstruc- 
 tion of. 23 L.R.A. 158; 13 L.R.A. 
 (N.S.) 333; L.R.A.1918B, 475. 
 
 Liability of landlord to third person for 
 obstruction of light. 26 L.R.A. 201. 
 
 VII. Extent of ritjht ; maintenance of 
 easement; remedies. 
 
 22. Extent of right. 
 
 Adaptation, improvement, and repair of 
 right of way. L.R.A.1918A, 593. 
 
 Extent of indefinite easement as affected by 
 the extent to which it has been used. 
 5 L.R.A. (N.S.) 851. 
 
 Rights conferred by grant of unrestricted 
 easement as limited to a reasonable 
 use. 15 L.R.A. (N.S.) 292. 
 
 Right of way for irrigation ditch ; right oi 
 fee owner to cross. 3 L.R.A. (N.S.) 
 1148. 
 
 Easement of way as including the right to- 
 lay pipes. L.R.A.] 917F, 449. 
 
 Extent of right conferred by grant or res- 
 ervation in conveyance of lot of right 
 to use lane or alley. 3 B. R. C. 533. 
 
 Right to maintain gates or bars acm--- 
 right of way. 48 L.R.A. (N.S.) 87. 
 
 Right of owner of dominant tenement TO 
 fence side of right *of way as againsi 
 owner of the servient tenement. 7 )'. 
 R. C. 261. 
 
 Character of vehicle that may be used on 
 
 private right 
 262. 
 
 of wav. L.R.A.191SA. 
 
 Enlarging use of crossing provided for in- 
 deed to railroad of right of way. 43 
 L.R.A. (N.S.) 391. 
 
 Change in character or use of dominant 
 tenement as affecting easement. L.R.A. 
 1917A, 528. 
 
 Beyin iritli this booJc on every lair question. 
 
 8 23. Maintenance of easement. 
 Duty of owner of servi.>nt tenement 
 
 maintain and protect easement. 
 
 L.R.A.(N.S.) 992. 
 
 to 
 15-
 
 INDEX TO L.R.A. NOTES. 
 
 447 
 
 EASEMENTS, VII. cont'd. 
 
 Right of owner of upper floor to compel 
 maintenance of walls. 3 L.R.A. (N.S.) 
 510. 
 
 Right to use public funds to maintain or 
 improve private ways, or ways dedi- 
 cated to public but never accepted. 35 
 L.R.A. (N.S.) 524. 
 
 Negligence in care of private way. 6 L.R.A. 
 (N.S.) 310. 
 
 24. Remedies. 
 
 Ejectment for public easement. 11 L.R.A. 
 (N.S.) 129. 
 
 Right of owner of right of way over an- 
 other's land to compensation when the 
 land is taken for a public highway. 
 2 L.R.A.(N.S.) 598. 
 
 Remedies for failure to comply with provi- 
 sion as to crossing in deed to railroad 
 of right of way. 48 L.R.A. (N.S.) 387. 
 
 VIII. Loss; abandonment; extinyuisli- 
 ment. 
 
 25. Generally. 
 
 Interference with easement by fence, see 
 
 FENCES, 7. 
 Effect of gates on easement, see GATES, 3. 
 
 Change in character or use of dominant 
 tenement as affecting easement. L.R.A. 
 1917A, 528. 
 
 Vacation of, or refusal by public to accept, 
 platted street or highway as affecting 
 private easements of abutting owners. 
 L.R.A.1917A, 1123. 
 
 Extinguishment of easement for private 
 way by its incorporation into a public 
 way. 21 L.R.A. (N.S.) 1002. 
 
 Effect of destruction of building to termi- 
 nate adjoining owner's easement of sup- 
 port. 19 L.R.A. (N.S.) 883; 46 L.R.A. 
 (N.S.) 1021; L.R.A.1918D, 413. 
 
 Right of abutting owner to continue enjoy- 
 ment of pathway across highway. 12 
 L.R.A.(N.S.) 918. 
 
 Loss of private way by improvements in- 
 consistent with its use. 22 L.R.A. (N. 
 S.) 880. 
 
 Tax sale as cutting off easement. L.R.A. 
 1915D, 1115. 
 
 Estoppel to assert easement by deceiving 
 one acquiring title. 48 L.R.A. (N.S.) 
 765. 
 
 Right to maintain gates or bars across right 
 of way. 48 L.R.A. (N.S.) 87. 
 
 26. Adverse possession. 
 
 Inclosure of right of way as adverse posses- 
 sion. 1 L.R.A. (N.S.) 565. 
 
 27. Effect of nonuser. 
 
 Mere nonuser will not extinguish easement. 
 
 18 L.R.A. 535. 
 Necessity that nonuse be accompanied by 
 
 adverse use of servient estate. 18 
 
 L.R.A. 537. 
 
 Duration of adverse use. 18 L.R.A. 538. 
 Intention of owner of easement as indicated 
 
 by his acts. 18 L.R.A. 538. 
 Public easements. 18 L.R.A. 540. 
 Consult also L.R.A. Digests of Cases. 
 
 EASEMENTS, VIII. cont'd. 
 Abandonment or loss of private way by. 
 
 22 L.R.A. (N.S.) 880; 42 L.R.A. (N.S.') 
 741. 
 
 Abandonment of highway by. 26 L.R.A. 
 449. 
 
 28. Abandonment. 
 
 Abandonment or loss of private way by 
 dominant owner cutting off access 
 thereto. 22 L.R.A. (N.S.) 884. 
 
 Effect of abandonment of highway. 26 
 L.R.A. 659. 
 
 Abandonment of highway by nonuser or 
 otherwise than by act of public. 26 
 L.R.A. 449. 
 
 Abandonment of private way by nonuser or 
 improvements inconsistent with 
 its use. 22 L.R.A. (N.S.) 880; 42 
 L.R.A.(N.S.) 741. 
 
 Abandonment of crossing created by provi- 
 sion in deed to railroad of right of way 
 by severance of ownership. 48 L.R.A. 
 (N.S.) .386. 
 
 Will failure to maintain easement raise a 
 presumption of its abandonment. 2 
 L.R.A. (N.S.) 832. 
 
 Right of one to testify to his intent with 
 reference to abandonment of easement. 
 
 23 L.R.A.(N.S.) 397. 
 
 EATING PLACES. 
 
 See also BOARDERS AND BOARDING HOUSES; 
 INNKEEPERS ; RESTAURANTS. 
 
 Liability for serving unfit food. 40 L.R.A. 
 
 (N.S.) 480; L.R.A.1915B, 481. 
 Serving liquor with meals as a sale thereof. 
 
 52 L.R.A.(N.S.) 722. 
 
 EAVES. 
 
 Extension of, beyond line as violation of 
 building restriction. 52 L.R.A. (N.S.) 
 1051. 
 
 EAVES DRIP. 
 
 Right to discharge water from roof upon 
 premises of adjoining owner. L.R.A. 
 1916A, 693. 
 
 EAVESDROPPING. 
 
 Admissibility, in criminal case, of testimony 
 as to facts learned while eavesdrop- 
 ping. 17 L.R.A.(N.S.) 451. 
 
 EBB AND FLOW. 
 
 See TIDAL WATERS.
 
 448 
 
 INDEX TO L.R.A. NOTES. 
 
 i:<< I:\TKH nu:s. 
 
 As insane delusions. 37 L.R.A. 267. 
 AB affecting testamentary capacity. 27 
 L.R.A.(N.S.) 56; L.R.A.1915A, 458. 
 
 EFFICIENCY. 
 
 Construction of guaranty of, as affected by 
 specifications. L.R.A.1918F, 388. 
 
 ECCLESIASTICAL OFFICERS. 
 
 Privilege of communications to. L.R.A. 
 1917D, 278. 
 
 ECCLESIASTICAL TRIBUNALS. 
 
 Conclusiveness of judgment of, see COUBTS, 
 
 12. 
 See also RELIGIOUS SOCIETIES. 
 
 Comparison of handwriting in. 62 L.R.A. 
 829. 
 
 ECONOMY. 
 
 Statement as to the economy of operation as 
 a warranty. L.R.A.1917C, 1078. 
 
 EDITOR. 
 
 Liability of, for libel, see LIBEL AND SLAN- 
 DER', 4. 
 
 EDUCATION. 
 
 Charitable bequest for, see CHARITIES. 
 As to schools generally, see SCHOOLS. 
 
 As a necessary for an infant. 42 L.R.A. 
 (N.S.) 1115. 
 
 Effect of recital in deed indicating that 
 land is to be used for educational pur- 
 poses. L.R.A.1918B, 696. 
 
 EDUCATIONAL INSTITUTIONS. 
 
 Taxation of, see TAXES, 24-26. 
 See also COLLEGES; SCHOOLS. 
 
 Power to exercise eminent domain for pur- 
 pose of. 48 L.R.A.(N.S.) 485. 
 
 Liability of property of, to local assess- 
 ment. 35 L.R.A. 37; 44 L.R.A. (N.S.) 
 57. 
 
 Erection of, as violation of restrictive cove- 
 nant in deed. 41 L.R.A. (N.S.) 616. 
 
 EFFECTS. 
 
 Meaning of word "effects" in a will. L.R.A. 
 1918F, 769. 
 
 Will real estate pass under the word "ef- 
 fects" in a written instrument. 12 
 L.R.A. (N.S.) 661. 
 
 EGGS. 
 
 Constitutionality of statute requiring an- 
 nouncement that eggs are imported. 
 L.R.A.1916E, 1186. 
 
 See ACCESS. 
 
 EGRESS. 
 
 -*-- 
 
 EIGHT-HOUR LAW. 
 
 Hours of labor by employee, see MASTER 
 AND SERVANT/ 32, '33, 
 
 EJECTION. 
 
 Of passenger, see CARRIERS, 30-35; DAM- 
 AGES, 45. 
 
 Liability of innkeeper for ejecting guests. 
 
 42 L.R.A. (N.S.) 830. 
 Liability for ejecting sick tenant, lodger, 
 
 or other occupant. 55 L.R.A. 258. 
 Liability of master other than carrier for 
 
 wrongful acts of servant in ejecting 
 
 person from preirises. 47 L.R.A. (N.S.) 
 
 959. 
 
 EJECTMENT. 
 
 '1. Generally. 
 
 Ejectment not prosecuted to judgment as a 
 conclusive election of remedies. L.R.A. 
 1917D, 658. 
 
 Estoppel in pais on debt as basis for action 
 of. 16 L.R.A. 813, 
 
 Appointment of receiver to preserve status 
 quo pending ejectment action. 38 
 L.R.A. (N.S.) 230. 
 
 Effect of remedy by, on equitable jurisdic- 
 tion to remove cloud on title. 12 
 L.R.A. (N.S.) 59. 
 
 Right of purchaser to question grantor's 
 right to collect purchase money in ac- 
 tion of ejectment. 21 L.R.A. (N.S.) 
 393. 
 
 Conclusiveness of probate in action of. 21 
 L.R.A. 685. 
 
 Injunction against dispossession in eject- 
 ment. 30 L.R.A. 129. 
 
 2 .^ When proper remedy. 
 
 For railroad right of way. 66 L.R.A. 40. 
 
 Abutter's right to ejectment against rail- 
 road in street. 36 L.R.A. (N.S.) 830. 
 
 To recover possession of burial lot. 67 
 L.R.A. 125. 
 
 To remove electric wires. 11 L.R.A. (N.S.) 
 920. 
 
 For encroachments under surface, or over- 
 head. 11 L.R.A.(N.S.) 917. 
 
 For a public easement. 11 L.R.A. (N.S.) 
 129. 
 
 Begin irith this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 449 
 
 EJECTMENT cont'd 
 
 Injunction or ejectment as proper remedy 
 where public highway is illegally 
 opened over private property. 25 
 L.R.A.(N.S.) 511. 
 
 3. Prerequisites to action. 
 
 Necessity of entry or formal declaration of 
 forfeiture. 14 L.R.A. (N.S.) 1188; 23 
 L.R.A. (N.S.) 938; L.R.A.1917C, 882. 
 
 4. Who may maintain. 
 
 Who is real party in interest by whom ac- 
 tion must be brought. 64 L.R.A. 620. 
 
 Right of surviving partner to maintain 
 ejectment for partnership real proper- 
 ty. 28 L.R.A. 134. 
 
 Remedy of pretermitted heirs by. 37 L.R.A. 
 (N.S.) 1146. 
 
 By tenant to secure possession. L.R.A. 
 1918A, 55. 
 
 5. what title or interest will sup- 
 port. 
 
 Estoppel in pais upon defendant as basis of 
 
 action. 16 L.R.A. 813. 
 General rule that plaintiff must recover, if 
 
 at all, on the strength of his own title. 
 
 18 L.R.A. 781. 
 
 Equitable title. 18 L.R.A, 781. 
 Interest in public land. 18 L.R.A. 782. 
 Necessity of right of possession and inter- 
 est in land. 18 L.R.A. 783. 
 Title acquired by limitation. 18 L.R.A. 
 
 786. 
 Sufficiency of possessory title. 18 L.R.A. 
 
 784; 46 L.R.A. (N.S.) 487, 508. 
 Equitable estoppel as basis for action of 
 
 ejectment. 49 L.R.A. (N.S.) 777. 
 Ejectment to obtain possession of burial lot. 
 
 67 L.R.A. 125; L.R.A.1918A, 150. 
 Ejectment for pier. 40 L.R.A. 648. 
 Right of action by owner of dominant es- 
 tate subject to easement. 18 
 L.R.A. 787. 
 To obtain railroad right of way. 66 L.R.A. 
 
 40. 
 Sufficiency of minin- rights to support. 18 
 
 L.R.A. 787. 
 Interest of a mortgagee. 18 L.R.A. 788. 
 Tenant in common. 18 L.R.A. 789. 
 Executors, administrators, and guardians. 
 
 18 L.R.A. 789. 
 Ejectment by widow to recover dower. 18 
 
 L.R.A. 790. 
 Remaindermen. 18 L.R.A. 790. 
 Establishment of prima facie title in plain- 
 tiff in ejectment by conveyance, or 
 
 chain of conveyances, not running back 
 
 to sovereignty, or to the common source 
 
 of title. 10 L.R.A. (N.S.) 404; 22 
 
 L.R.A. (X.S.) 1100. 
 Proof under general denial or plea of the 
 
 general issue of want of title in the 
 
 plaintiff. L.R.A. 1918F, 250. 
 
 6. Disseisin. 
 
 What disseisin will support action. 13 
 
 L.R.A. 664. 
 
 Public use as. 13 L.R.A. 664. 
 Overhanging eaves as. 13 L.R.A. 664. 
 Consult also L.R.A. Digests of Cases. 29 
 
 EJECTMENT cont'd 
 
 7. Defenses. 
 
 Availability of equitable estoppel as defense. 
 
 49 L.R.A. (N.S.) 777. 
 Defenses available under general denial or 
 
 a plea of the general issue. L.R.A. 
 
 1918F, 247. 
 
 8. Verdict. 
 
 Requisites of special verdict in action of. 
 
 24 L.R.A.(N.S.) 18. 
 
 9. Judgment generally. 
 
 Judgment against plaintiff in trespass to 
 try title involving boundary as estab- 
 lishing boundary claimed by defendant. 
 38 L.R.A. (N.S.) 1026. 
 
 Right to accept favorable part of decree and 
 appeal from the rest. 29 L.R.A. (N.S.) 
 9. 
 
 10. effect; conclusiveness. 
 
 See JUDGMENT, 37b. 
 
 11. Relief granted. 
 
 Extent of recovery in ejectment by tenants 
 in common against stranger. 6 L.R.A. 
 (N.S.) 710; 51 L.R.A.(N.S.) 50. 
 
 12. improvements; crops. 
 
 As to improvements generally, see IMPROVE- 
 MENTS. 
 
 Plowing and cultivating land as an im- 
 provement. 20 L.R.A. (N.S.) 378. 
 
 Right as between successful plaintiff and 
 evicted defendant to crops unsevered 
 at time of final judgment. 23 L.R.A. 
 (N.S.) 531; L.R.A.1918A, 550. 
 
 13. Statutory new trial. 
 
 Effect of prior decision on statutory new 
 trial in real actions. 40 L.R.A. 825. 
 
 14. Burden of proof. 
 
 Burden of proof in ejectment case as to tes- 
 tamentary capacity. 17 L.R.A. 496. 
 
 15. Costs. 
 
 Liability of beneficial plaintiff for costs in 
 
 ejectment. 62 L.R.A. 623. 
 Liability for costs of third party defending 
 
 ejectment suit. 62 L.R.A. 626. 
 
 ELDERS. 
 
 Privilege of communications to elders of 
 church. L.R.A.1917D, 280. 
 
 ELECTION. 
 
 Of remedies, see ELECTION OF REMEDIES. 
 
 Between counts, see TRIAL, 10. 
 
 To take under will, see WILLS, 110-115. 
 
 Effect of insurer's election to rebuild, re- 
 pair, or replace insured propei'ty after 
 a loss. 20 L.R.A. (N.S.) 960. 
 
 Right of one's creditors or personal repre- 
 sentative to make or control election 
 for or against a will, or between differ- 
 ent provisions of a will or a statute. 
 11 L.R.A.(X.S.) 379.
 
 450 
 
 INDEX TO L.R.A. NOTES. 
 
 ELECTION DISTRICTS. 
 
 Validity of apportionment. 15 L.R.A. 561. 
 
 Interference with, by annexation of prop- 
 erty to municipality. 27 L.R.A. 744. 
 
 Effect of laches in questioning unconstitu- 
 tional apportionment of. 10 L.lt.A. 
 (N.S.) 1184. 
 
 Effect of ordinance of 1787 upon apportion- 
 ment of state into senatorial and as- 
 sembly districts. 52 L.R.A. (N.S.) 311. 
 
 ELECTION OF REMEDIES. 
 
 /. In general, 1. 
 II. Choice, 2-12. 
 
 a. In general, 2-11. 
 
 6. Exclusiveness of statutory 
 
 remedy, 12. 
 
 III. Effect; pursuing two remedies, 
 13-15. 
 
 1. In general. 
 
 1. Generally. 
 
 Right to join defendants, see PARTI KS, 36. 
 Election to take gift by will, see WILLS, 
 110-115. 
 
 //. Choice, 
 a. In general. 
 
 2. Generally. 
 
 When plaintiff bound to elect. 4 L.R.A. 
 
 147.* 
 
 Alternative remedies. 4 L.R.A. 146.* 
 When remedies not concurrent. 4 L.R.A. 
 
 145.* 
 
 3. Between assnmpsit and other 
 remedy. 
 
 Between tort and assumpsit. 17 L.R.A. 
 (N.S.) 280. 
 
 Right to waive tort and sue upon implied 
 contract, where property is negligently 
 destroyed. 37 L.R.A. (N.S.) 230. 
 
 Against agent contracting as such with- 
 out authority. 34 L.R.A.(N.R.) 525. 
 
 Action for money had and received as prop- 
 er remedy to recover money secured by 
 fraudulent contract. 36 L.R.A.(N.S.) 
 602. 
 
 4. Against principal or agent. 
 
 Conclusiveness of election between, see in- 
 fra, 15. 
 
 Against agent contracting as such without 
 authority. 34 L.R.A. (N.S.) 525. 
 
 5. Of landlord. 
 
 K.-mody of landlord on 
 premises by tenant. 
 398. 
 
 abandonment of 
 13 L.R.A. (N.S.) 
 
 8 6. Of pretermitted heirs. 
 
 Tn general. 37 L.R.A. (N.S.) 1143. 
 Right or duty to contest probate. 
 L.R.A.(N.S.) 1144. 
 
 37 
 
 Begin iHth this booh on every law question. 
 
 ELECTION OF REMEDIES, II. a cont'd 
 Setting aside probate. 37 L.R.A. (N.S.) 
 
 1144. 
 Statutory remedy as exclusive. 37 L.R.A. 
 
 "(N.S.) 1145. 
 By proceedings in equitv. 37 L.R.A. (N.S.) 
 
 1146. 
 By writ of entry, or ejectment. 37 L.R.A. 
 
 (N.S.) 1146. 
 By proceeding for partition. 37 L.R.A. 
 
 (N.S.) 1147. 
 By intervening in administration. 37 
 
 L.R.A.(N.S.) 1147. 
 By action on executor's bond. 37 L.R.A. 
 
 (N.S.) 1147. 
 Miscellaneous. 37 L.R.A. (N.S.) 1147. 
 
 7. Of servant. 
 
 Remedies as to things produced bv labor 
 of employee. 5 L.R.A. (N.S.) "l!72. 
 
 Effect, on common-law action, of employ- 
 er's liability act. 12 L.R.A.(N.S.) 
 1038. 
 
 Effect on common law action of workmen's 
 compensation acts. L.R.A.1916A, 72; 
 L.R.A.1917D, 96. 
 
 Election by servant injured by negligence of 
 third person between right to recover 
 compensation under Workmen's Com- 
 pensation Act and right to bring action 
 at law against a negligent third person. 
 L.R.A.1917D, 98. 
 
 8. of discharged servant. 
 
 See MASTER AND SERVANT, 42-45. 
 
 9. For enticement of servant, or ap- 
 prentice. 
 
 Case as remedy, see CASE, 5. 
 
 Form of remedy for enticement of servant. 
 5 L.R.A.(N.S.) 1096. 
 
 Waiver of tort in enticing or harboring ap- 
 prentice. 5 L.R.A.(N.S.) 1161. 
 
 10. As to rights in street. 
 
 Remedies of abutting owner for railroad in 
 street. 36 L.R.A.(N.S.) 807. 
 
 Proper remedy to make available, franchise 
 in street or highway, as against munic- 
 ipality. 6 L.R.A. (N.S.) 782. 
 
 Injunction or ejectment as proper remedy 
 where highway is illegally opened over 
 private property- 25 L.R.A.(N.S.) 511. 
 
 il. Miscellaneous. 
 
 On promise for benefit of third person. 
 25 L.R.A. 266. 
 
 For violation of statute not expressly con- 
 ferring right of action. 9 L.R.A. 
 (N.S.) 388. 
 
 On conditional sale. 32 L.R.A. 471. 
 
 Resale to fix damages for purchaser's re- 
 fusal to accept goods as election of 
 remedies. 42 L.R.A. (N.S.) 672. 
 
 For injuries resulting in death. 34 L.R.A. 
 788. 
 
 Case of legacy charged upon devise. 30 
 L.R.A. (N.S.) 826. 
 
 For enforcing agreement to assume debts on 
 dissolution of partnership. 9 L.R.A. 
 (N.S.) 107.
 
 INDEX TO L.R.A. NOTES. 
 
 451 
 
 ELECTION OF REMEDIES, II. a cont'd 
 
 For protection from pollution of source of 
 municipal water supply. 11 L.R.A. 
 (N.S.) 1166; L.R.A.1918E, 957. 
 
 For infringement of copyright. 2 L.R.A. 
 (N.S.) 914. 
 
 Remedy of one who fails to record a deed, 
 against his grantor who subsequently 
 conveys to an innocent third person. 
 > 26 L.R.A. (N.S.) 284. 
 
 .Against one purchasing goods with knowl- 
 edge that he cannot pay for them. 44 
 L.R.A. (N.S.) 25. 
 
 Right to elect to sue for all the damages 
 caused by a continuing nuisance in one 
 action or to bring successive actions. 
 L.R.A.1916E, 1068. 
 
 b. Exclusiveness of statutory remedy. 
 
 12. Generally. 
 
 Garnishment of personal representative as 
 exclusive remedy. 47 L.R.A. 365. 
 
 Effect of legal remedy to defeat equitable 
 jurisdiction to follow trust funds. 6 
 L.R.A.(N.S.) 79.3. 
 
 Exclusiveness of particular statutory meth- 
 od for revival of action. 33 L.R.A. 
 (N.S.) 576. 
 
 Exclusiveness of statutory remedy for fail- 
 ure to furnish cars. 26 L.R.A. (N.S.) 
 851. 
 
 Is shipper's common-law right of action for 
 discrimination by carriers taken away 
 by statute on the subject. 45 L.R.A. 
 (N.S.) 612. 
 
 For enforcement of stockholder's liability 
 in other state. 34 L.R.A. 755. 
 
 Exclusiveness of statutory remedy for pre- 
 termitted heirs. 37 L.R.A. (N.S.) 1145. 
 
 Provision for testing election of city officer 
 before city council or other municipal 
 body as exclusive of remedies in the 
 courts. 26 L.R.A.(N.S.) 207. 
 
 Right to resort to court to recover taxes 
 paid on erroneous or excessive assess- 
 ments without previous resort to stat- 
 utory remedies. 16 L.R.A. (N.S.) 685. 
 
 Statutory remedy of one whose property 
 has been taken for public use without 
 his consent and without condemnation 
 proceedings as exclusive of action for 
 compensation or permanent damages. 
 28 L.R.A. (N.S.) 974. 
 
 Action for damages for breach of contract 
 as exclusive remedy of wrongfully dis- 
 charged servant. 6 L.R.A. (N.S.) 53. 
 
 Exclusiveness of remedy furnished by work- 
 men's compensation acts. L.R.A.1916A, 
 223; L.R.A.1917D, 93. 
 
 III. Effect; pursuing two remedies. 
 
 13. Generally. 
 
 Estoppel by judgment, see JUDGMENT, III. 
 
 Effect of, in case of fraudulent purchase. 
 
 15 L.R.A. 89. 
 Effect of choosing by mistake remedy not 
 
 legally available. 8 L.R.A.(N.S.) 144; 
 
 22 L.R.A. (N.S.) 1153. 
 Consult also L.R.A. Digests of Cases. 
 
 ELECTION OF REMEDIES, III. cont'd 
 
 Effect of electing to resell goods to fix 
 damages for purchaser's refusal to ac- 
 cept. 42 L.R.A. (N.S.) 673. 
 
 Purchaser's election to rescind for breach 
 of warranty as affecting recovery 
 against seller. 27 L.R.A. (N.S.) 925. 
 
 Effect of election between tort and contract 
 to determine character of action. 50 
 L.R.A. (N.S.) 31. 
 
 Provisions, in lease accelerating maturity 
 of future rents and giving lessor right 
 to take possession upon default in pay- 
 ment of rentals or upon insolvency of 
 lessee, as alternative or concurrent. 
 L.R.A.1916B, 1101. 
 
 14. Conclusiveness of election. 
 
 Election between causes of loss in case of 
 property insurance. L.R.A.1918F, 997. 
 
 Bringing suit not prosecuted to judgment 
 as a conclusive election of remedies. 
 34 L.R.A.(N.S.) 309; L.R.A.1917D, 657. 
 
 Action for price as bar to action for dam- 
 ages for fraud. 8 L.R.A. (N.S.) 582. 
 
 Bringing action for purchase price as waiv- 
 er of right of vendor in conditional 
 sale to recover property in specie. 23 
 L.R.A. (N.S.) 144. 
 
 Bringing an action for the purchase price 
 as a waiver by the vendor of the title 
 and remedy clauses in a conditional 
 sale contract. L.R.A.1916A, 925. 
 
 By parent for enticing or harboring of 
 minor child. 45 L.R.A. (N.S.) 874. 
 
 Effect of bringing action at common law to- 
 bar action under Federal employers' lia- 
 bility act. 47 L.R.A.(N.S.) 78. 
 
 Election of remedy against one purchasing, 
 goods with knowledge that he cannot 
 pay for them. 44 L.R.A. (N.S.) 25. 
 
 Suit for damages as waiver of right to for- 
 feit deed for breach of condition. 5> 
 L.R.A.(N.S.) 603. 
 
 Waiver of purchaser's right to rescind the- 
 contract for purchase of real property. 
 30 L.R.A. (N.S.) 872. 
 
 Waiver of lien of chattel mortgage by at- 
 tachment or execution. 24 L.R.A. 
 (N.S.) 490; 51 L.R.A. (N.S.) 10681 
 
 Attempt to enforce lien under clause in a 
 lease giving landlord lien on crops and' 
 chattels, as election preventing its en- 
 forcement as a chattel mortgage. 20 1 
 L.R.A.(N.S.) 259. 
 
 Suit upon agreement for stipulated dam- 
 ages as bar to remedy by injunction to* 
 restrain the violation of agreement not 
 to practise medicine or surgery within 
 a certain territory. L.R.A.1915B, 210. 
 
 Principal's collecting or attempting to col- 
 lect proceeds of contract from agent as 
 precluding assertion, as against the 
 other party to the contract, of the- 
 agent's fraud or lack of authority 
 L.R.A.1917D, 701. 
 
 Recovery of damages against tort feasor in 
 case of injury to servant by negligence 
 of third person as bar to recovery under 
 Workmen's Compensation Act or vice 
 versa. L.R.A.1917D, 99. 
 
 15. against principal or agent. 
 
 Right to choose between, see supra, 4.
 
 452 
 
 INDKX TO L.R.A. NOTES. 
 
 ELECTION OF REMEDIES, III. cont'd 
 
 Action against agent as bar to one against 
 principal undisclosed when first action 
 iV-Min. 6 L.R.A. (N.S.) 729. 
 
 Commencing action or taking judgment 
 against either an undisclosed princi- 
 pal or his agent as a bar to a subse- 
 jiimt action against the other. 21 
 I..1I.. \.i.N.S.) 786. 
 
 Effect of election by injured person on lia- 
 hility of agent of leased premises for in- 
 juries due to defects therein. L.R.A. 
 1917C, 85. 
 
 ELECTIONS. 
 
 I. Voters; right to vote, 1-8. 
 II. Elections, 9-24. 
 
 a. In general, 9-18. 
 
 b. Ballots; voting machines, 
 
 19-23, 
 
 c. Election frauds and crimes, 
 
 24. 
 
 III. Nominations; primary elections, 
 
 25, 26. 
 
 IV. Contests, 27, 28. 
 
 As to initiative, referendum, or recall, see 
 INITIATIVE, REFERENDUM, AND RECALL. 
 
 7. Voters; right to vote. 
 
 1. Generally. 
 
 Right to vote as a privilege or immunity of 
 citizen of United States. 14 L.R.A. 
 580. 
 
 Federal control of elections under 15th 
 Amendment forbidding abridgement of 
 right to vote on account of race, color, 
 or previous condition of servitude. 53 
 L.R.A. 668. 
 
 Right to vote as a qualification of grand 
 juror. 28 L.R.A. 196. 
 
 Validity of statutory regulation of voters. 
 25 L.R.A. 484. 
 
 Constitutionality of statute prescribing 
 property qualification on right to vote 
 on establishment of drainage district. 
 44 L.R.A.(N.S.) 539. 
 
 2. Qualifications of voters generally. 
 
 Tax or property qualification. 25 L.R.A. 
 482. 
 
 Payment of poll taxes as a qualification of 
 electors. 29 L.R.A. 414. 
 
 Constitutionality of primary election law 
 imposing new restrictions or qualifica- 
 tions on voters. 22 L.R.A.(N.S.) 1140- 
 L.R.A.1917A, 261. 
 
 Effect on public election of wrongful dis- 
 qualification of sufficient number of 
 voters to have changed the result. 38 
 L.R.A. (N.S.) 1007. 
 
 Disqualification for crime. 25 L.R.A. 483. 
 
 3. Right of women to vote. 
 
 l!i'_'ht of women to vote. 21 L.R.A. 662; 27 
 L.R.A.(N.S.) 522; L.R.A.1915B, 247. 
 
 Begin irith this boofc on every law question. 
 
 ELECTIONS, I. cont'd 
 4. Residence. 
 
 Does "residence," as a qualification of 
 voters mean "domicil." 19 L.R.A. 
 (N.S.) 759. 
 
 Acquiring residence as a voter while at- 
 tending school or public institu- 
 tion. 23 L.R.A. 215: 40 L.R.A. 
 (X.8.) 1G8. 
 
 Nature of occupancy of premises as affect- 
 ing elective franchise. 4 L.R.A.(N.S. ) 
 698, 704, 711. 
 
 5. How far right to vote is absolute. 
 
 Generally. 25 L.R.A. 480. 
 
 As affected by acts of Congress. 25 L.R.A. 
 
 480. 
 
 Registration. 25 L.R.A. 480. 
 Tax or property qualification. 25 L.R.A. 
 
 482. 
 
 Soldiers voting. 25 L.R.A. 482. 
 Test oaths and disqualification for crime. 
 
 25 L.R.A. 483. 
 
 Ballots and primaries. 25 L.R.A. 484. 
 Other statutory conditions, restrictions, 
 
 and qualifications. 25 L.R.A. 484. x 
 
 6. Registration. 
 
 Registration as condition of right to vote. 
 25 L.R.A. 480. 
 
 Validity of statutory regulation of. 2~> 
 L.R.A. 484. 
 
 Good faith as affecting criminal responsibil- 
 ity for illegal registration. 37 L.R.A. 
 (N.S.) 1177. 
 
 Effect of loss or destruction of registry 
 lists. 28 L.R.A.(N.S.) 989. 
 
 7. Disfranchisement. 
 
 Denial of right to vote for person whose 
 name is not on ballot as disfranchise- 
 ment. 16 L.R.A. 278. 
 
 Disfranchisement as cruel and unusual pun- 
 ishment. 35 L.R.A. 569. 
 
 8. Restoration of right to vote. 
 
 Restoration of right to vote by service of 
 sentence upon conviction for crime. 32 
 L.R.A.(N.S.) 418. 
 
 Effect of suspension of sentence upon right 
 to vote. 18 L.R.A. (N.S.) 684. 
 
 II. Elections, 
 a. In general. 
 
 9. Generally. 
 
 Congressional elections, see CONGRESS, 2. 
 
 Elections by corporate stockholders, see 
 CORPORATIONS, 60. 
 
 At stockholders' meetings, see CORPORA- 
 TIONS, 122-126. 
 
 By school district, see SCHOOLS, 26. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 75-78. 
 
 Election districts, see ELECTION DISTRICTS. 
 
 Equity jurisdiction of matters affecting 
 elections, see EQUITY, 11 a.
 
 INDEX TO L.R.A. NOTES. 
 
 453 
 
 ELECTIONS, II. a cont'd 
 Initiative or referendum election, see 
 INITIATIVE, REFERENDUM AND RECALL, 
 
 1. 
 
 Injunction as to, see INJUNCTION, 39. 
 Mandamus as to, see MANDAMUS, 11. 
 
 Applicability to election officers of Work- 
 men's Compensation Acts. L.R.A.1918F, 
 192. 
 
 Validity of agreements tending to influence 
 elections. 51 L.R.A. (N.S.) 549. 
 
 Election as distinguished from appoint- 
 ment. 15 L.R.A. 106. 
 
 Statutes restricting the vote of an elector 
 to less than all when several officers 
 are to be chosen for the same office. 
 33 L.R.A. 141. 
 
 Constitutionality of statute requiring voter 
 to vote for all officers. L.R.A.1915B, 
 402. 
 
 Right of taxpayer in absence of statute, to 
 enjoin payment of election expenses by 
 municipality. 36 L.R.A. (N.S.) 11. 
 
 Promise by candidate to electors to serve 
 for less than regular salary. 36 L.R.A. 
 (N.S.) 246; L.R.A.1917B, 190. 
 
 Promise to accept less than compensation 
 fixed by law as affecting right to hold 
 office. L.R.A.1917B, 196. 
 
 Applicability of constitutional or statutory 
 provisions relating to general elections, 
 to elections other than for the selec- 
 tion of officers. 14 L.R.A. (N.S.) 850. 
 
 Right of candidate receiving next highest 
 number of votes in the event that the 
 person receiving the highest number is 
 ineligible. 13 L.R.A. (N.S.) 1013; 34 
 L.R.A. (N.S.) 240. 
 
 Election of presidential electors. 43 L.R.A. 
 (N.S.) 284. 
 
 10. Petition for. 
 
 Petition for initiative or referendum elec- 
 tion, see INITIATIVE, REFERENDUM AND 
 RECALL, 1. 
 
 For recall of officer, see INITIATIVE, REF- 
 ERENDUM AND RECALL, 2. 
 
 Riglit to withdraw name from. 11 L.R.A. 
 (N.S.) 372. 
 
 11. Combination of objects at. 
 
 What objects or purposes may be combined 
 in a single question submitted to 
 the voters of a municipality. 26 
 L.R.A.(N.S.) 665. 
 
 12. Place of voting. 
 
 Use of public school building for. 31 
 
 L.R.A.(N.S.) 592. 
 Right of municipal corporation to place 
 
 polling booth in street. 4 L.R.A. 
 
 (N.S.) 571. 
 
 13. Time for. 
 
 First and last days in computing time of 
 elections. 49 L.R.A. 244; 15 L.R.A. 
 (N.S.) 691. 
 
 Power to extend term of office by postpon- 
 ing time of election. L.R.A. 1915C, 378. 
 
 14. Federal control of. 
 
 Existence, sources, and extent of power. 53 
 
 L.R.A. 660. 
 
 Under U. S. Const, art. 1. 53 L.R.A. 667. 
 Consult also L.R.A. Digests of Cases. 
 
 ELECTIONS, II. a cont'd 
 Under U. S. Const, art. 2. 53 L.R.A. 668. 
 Under 14th Amendment. 53 L.R.A. 668. 
 Under 15th Amendment. 53 L.R.A. 668. 
 Summary of present statutes. 53 L.R.A. 
 
 671. 
 Election of presidential electors. 43 L.R.A. 
 
 (N.S.) 284. 
 
 14a. Assisting voter. 
 
 Right to assistance. 40 L.R.A. (N.S.) 535. 
 As affected by requirement of secrecy of the 
 
 ballot. 40 ,L.R.A.(N.S.) 535. 
 What necessary to entitle voter to assist- 
 ance. 40 L.R.A.(N.S.) 536. 
 Effect of illegal or irregular assistance. 40 
 
 L.R.A.(N.S.) 538. 
 
 15. Computation of majority of 
 votes at. 
 
 Upon what basis majority essential to adop- 
 tion of constitutional or other 
 special proposition submitted at 
 general election is to be computed. 
 22 L.R.A. (N.S.) 478. 
 
 When vote on special question considered a 
 "special" election although submitted 
 at general election. 22 L.R.A. (N.S.) 
 485. 
 
 Effect on public election of wrongful dis- 
 qualification of sufficient number of 
 voters to have changed the result. 38 
 L.R.A.(N.S.) 1007. 
 
 16. Decision of tie vote. 
 
 In general. 47 L.R.A. 551. 
 
 In the absence of statutory provisions. 47 
 
 L.R.A. 554. 
 Statutory provisions applicable to tie vote. 
 
 47 L.R.A. 554. 
 Tie vote at local option election. 49 L.R.A. 
 
 (N.S.) 1204. 
 
 17. Duty to receive vote; liability for 
 preventing vote. 
 
 Duty of election officer to accept sworn vote. 
 
 36 L.R.A.(N.S.) 968. 
 
 Personal liability of an election officer for 
 
 rejecting ballots. 11 L.R.A.(N.S.) 501. 
 
 Right to damages for being prevented from 
 
 voting at a public election. 31 
 
 L.R.A. (N.S.) 1106. 
 
 18. Canvassing: deciding results. 
 
 Initiative or referendum election. 50 L.R.A. 
 
 (N.S.) 225; L.R.A.1917B, 44. 
 Constitutionality of preferential system of 
 
 voting. L.R.A. 191GB, 939. 
 Are rejected ballots to be counted in de- 
 termining total vote cast. 45 
 L.R.A. (N.S.) 714. 
 Presumption as to time of alteration in 
 
 statement of return of votes made bv 
 
 officials. 39 L.R.A. (N.S.) 115. 
 Mandamus to compel election officers to act 
 
 after they have met and adjourned. 36 
 
 L.R.A.(N.S.) 1089. 
 Right of candidate receiving next highest 
 
 number of votes where person receiving 
 
 highest number is ineligible. 13 L.R.A. 
 
 (N.S.) 1013; 34 L.R.A. (N.S.) 240; 51 
 
 L.R.A.(N.S.) 226; L.R.A.1918C, 1157.
 
 INDEX TO L.R.A. NOTES. 
 
 ELECTIONS, II. cont'd 
 
 b. Ballots; voting machines. 
 
 g 19. Generally. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 76. 
 
 i mist Rationality of statute providing for 
 flivtion l>v separate ballot. 44 L.R.A. 
 (N.S.I l\->. 
 
 Irregularities in taking ballots. 16 L.R.A. 
 754. 
 
 stance in preparing "ballots, rendered 
 by unauthorized person, as affecting 
 their validity. 29 L.R.A. (N.S.) 1170. 
 
 19a. Names on. 
 
 Constitutionality of provision limiting 
 names of candidates on official ballot. 
 L.R.A.1915A, 1190. 
 
 20. Numbering. 
 
 Statute providing that ballots be numbered. 
 
 8 L.R.A. (N.S.) 888. 
 Effect of failing to number ballots. 1 L.R.A. 
 
 (N.S.) 656. 
 Effect of officers numbering or otherwise 
 
 supplying means of identifying ballots. 
 
 32 L.R.A.(N.S.) 730. 
 
 21. Marking. 
 
 Irregularities in marking ballots. 16 L.R.A. 
 754. 
 
 Validity and construction of law. 47 L.R.A. 
 806. 
 
 Official marks. 47 L.R.A. 808. 
 
 Voter's marks. 47 L.R.A. 812. 
 
 Distinguishing marks. 13 L.R.A. 
 761; 47 L.R.A. 820. 
 
 Does marking some but not all of the can- 
 didates on a party ticket defeat the ef- 
 fect of marking under the party emblem 
 as a vote for the omitted candidates, 
 where no votes were cast for their op- 
 ponents.x 28 L.R.A. (N.S.) 461. 
 
 22. Preservation of; producing bal- 
 lot boxes. 
 
 Scope and effect of provisions in election 
 law for preservation of ballots. 30 
 L.R.A.(N.S.) 602. 
 
 Power of courts to require ballot boxes to 
 be produced or opened in proceedings 
 other than election contests. 33 L.R.A. 
 386. 
 
 23.. Voting machine. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 77. 
 
 c. Election frauds and crimes. 
 
 24. Generally. 
 
 Libel or slander by charging corruption of 
 voters by public officer or candidate. 
 L.R.A.1918E, 31. 
 
 Delegation to judiciary of investigation of 
 election frauds. L.R.A.1917D, 1046. 
 ! faith as affect ing criminal responsi- 
 bility for illegal registration or voting. 
 87 L.R.A. (N.S.) 1177. 
 
 Bcffin trith thin 7>oo/.- o crci-i/ fair question. 
 
 ELECTIONS cont'd 
 ///. Nominations; primary elections. 
 
 25. Generally. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 78. 
 
 Mandamus as a proper remedy to enforce 
 duties with respect to nominations. 
 L.R.A.1917E, 480. 
 
 Statutory regulation of primaries. 25 
 L.R.A. 484. 
 
 Validity of fee exacted for filing nomina- 
 tions. L.R.A.] 915B, 197. 
 
 Nomination of presidential electors. 43 
 L.R.A. (N.S.) 287. 
 
 Refusal to have one's name placed on pri- 
 mary ballot. L.R.A.1916E, 709. 
 
 Defects in nomination papers. 16 L.R.A. 
 754. 
 
 Collusiveness of certificate of nomination. 
 9 L.R.A.(N.S.) 916. 
 
 "Primary elections" as elections, within 
 Constitution or statute relating to 
 elections generally. 18 L.R.A. (N.S.) 
 412. 
 
 Power to d/etermine eligibility to office of 
 one nominated at primary election. 39 
 L.R.A.(N.S.) 826. 
 
 25a. Filling vacancy in party ticket. 
 
 When does vacancy in party ticket occur 
 within statute authorizing filling 
 of vacancies. 41 L.R.A. (N.S.) 
 1088. 
 
 26. Constitutionality of primary elec- 
 tion laws. 
 
 In general. 22 L.R.A. (N.S.) 1136; 41 
 
 L.R.A.(N.S.) 132; L.R.A.1917A, 259. 
 Destruction of parties. 22 L.R.A. (N.S.) 
 
 1137; L.R.A.1917A, 260. 
 Sufficiency of title. 22 L.R.A. (N.S.) 1137; 
 
 41 L.R.A.(N.S.) 133; L.RJU917A, 
 
 260. 
 Primary law as amendment to prior act. 
 
 22 L.R.A.(N.S.) 1139; L.R.A.1917A, 
 
 260. 
 Special or local laws. 22 L.R.A. (N.S.) 
 
 1139; 41 L.R.A.(N.S.) 135. 
 Imposition of new restrictions or qualifica- 
 tions on voters. 22 L.R.A. (N.S.) 1140; 
 
 41 L.R.A.(N.S.) 135; L.R.A.1917A, 
 
 261. 
 
 Imposition of new restrictions or qualifica- 
 tions on candidate. 22 L.R.A. (N.S.) 
 
 1142; 41 L.R.A.(N.S.) 136; L.R.A. 
 
 1917A, 262. 
 Discrimination as to parties. 22 L.R.A. 
 
 (N.S.) 1144; 41 L.R.A. (N.S.) 138; 
 
 L.R.A.1917A, 263. 
 Discrimination as to candidates or voters. 
 
 22 L.R.A.(N.S.) 1145; 41 L.R.A.(N.S.) 
 
 138; L.R.A.1917A, 263. 
 Secrecy of ballot. 22 L.R.A. (N.S.) 1145; 
 
 L.R.A.1917A, 264. 
 Delegation of po\vers. 22 L.R.A. (N.S.) 
 
 1146; L.R.A.1917A. 264. 
 Popular election of United States senators. 
 
 22 L.R.A.(N.S.) 1147; 41 L.R.A.fN.S.) 
 
 140.
 
 INDEX TO L.R.A. NOTES. 
 
 455 
 
 ELECTIONS, III. cont'd 
 
 Provisions regulating independent nomina- 
 tions. 41 L.R.A. (N.S.) 140. 
 
 Miscellaneous objections. 41 L.R.A. (N.S.) 
 141. 
 
 IV. Contests. 
 
 27. Generally. 
 
 In case of decision of tie vote. 47 L.R.A. 
 559. 
 
 Right of judge who may be affected by the 
 result to hear election case. 42 L.R.A. 
 (N.S.) 788. 
 
 Right of candidate receiving next highest 
 number of votes in the event that the 
 person receiving the highest number is 
 ineligible. 13 L.R.A. (N.S.) 1013; 34 
 L.R.A.(N.S.) 240; 51 L.R.A. (N.S.) 
 226; L.R.A. 1918C, 1157. 
 
 Adequacy of provision for contesting an 
 election other than for selection of of- 
 fices, upon the grounds and in the 
 manner prescribed by a statute which 
 has "reference only to the election of of- 
 ficers. 18 L.R.A.*(N.S.) 566. 
 
 28. Remedy for testing election. 
 
 Provision for testing election of city officer 
 before city council or other munici- 
 pal body as exclusive of remedies 
 in the courts. 26 L.R.A. (N.S.) 
 207. 
 
 ELECTRIC CHANDELIERS. 
 
 Tenant's right to remove. 3 L.R.A. (N.S.) 
 69. 
 
 ELECTRIC COMPANIES. 
 
 See ELECTRICITY, 7-9; ELECTRIC LIGHTS; 
 ELECTRIC RAILWAYS. 
 
 ELECTRIC CONDUIT. 
 
 Under highway, see HIGHWAYS, 25. 
 
 ELECTRICITY. 
 
 /. In general, 1-6. 
 II. Electric companies, 7-9. 
 III. Injuries resulting from, 1O-18. 
 a. Negligence of parti/ causing, 
 
 10-17. 
 
 T>. Contributor!/ negligence, 
 IS. 
 
 I. In general. 
 
 1. Generally. 
 
 Electric lights, see ELECTRIC LIGHTS. 
 Electric railways generally, see ELECTRIC 
 
 RAILWAYS. 
 Use of street for electric conduits, poles, 
 
 and wires, see HIGHWAYS. 21-25. 
 Consult also L.R.A. Digests of Cases. 
 
 ELECTRICITY, I. cont'd 
 License of electricians and electrical work, 
 see LICENSE, 25. 
 
 Electricity as subject of larceny. L.R.A. 
 1918C, 580. 
 
 Mistake in statement of amount of elec- 
 tricity furnished as affecting the right 
 to recover for a larger amount actual- 
 ly furnished. L.R.A.1915B, 711. 
 
 Poles and wires as real estate or personal 
 property. 66 L.R.A. 56. 
 
 Duty to cut off electric connection in case 
 of fire. 31 L.R.A. (N.S.) 1099. 
 
 Revocability of license for poles and wires 
 after licensee has incurred expense in 
 reliance thereon. 25 L.R.A. (N.S.) 727. 
 
 Ejectment to remove wires. 11 L.R.A. 
 (N.S.) 920. 
 
 Liability to abutting owner for mutilating 
 trees in highway by erecting poles or 
 stringing wires. 12 L.R.A. (N.S.) 
 1125; 30 L.R.A. (N.S.) 1084. 
 
 Injunction by municipality against nui- 
 sances by telegraph and telephone poles. 
 44 L.R.A. 577. 
 
 2. Eminent domain proceedings. 
 
 Generation of electricity as a public pur- 
 pose, see EMINENT DOMAIN, 11. 
 
 Poles as additional burden in highway, see 
 EMINENT DOMAIN, 56. 
 
 Taking of property for generation and dif- 
 fusion of, as a public use. 22 L.R.A. 
 (N.S.) 136. 
 
 Effect of offer to serve public on right to 
 resort to eminent domain in aid of at- 
 tempt to transmute water power into 
 electricity for sale. 6 L.R.A. (N.S.) 
 122. 
 
 3. Right of municipality to own or 
 operate. 
 
 Power of municipal corporation to own elec- 
 tric light plant. 14 L.R.A. 268; 15 
 L.R.A. (N.S.) 711. 
 
 Right of municipal corporation to engage 
 in business of supplying electrical fix- 
 tures. 31 L.R.A. (N.S.) 119. 
 
 Right of municipality to make profit from 
 its water or lighting plant. 24 L.R.A. 
 (N.S.) 290. 
 
 4. Liability for damages from main- 
 tenance. 
 
 Right of property owner to damages or in- 
 junction for maintenance of elec- 
 tric light plant in vicinity of his 
 property- 27 L.R.A. (N.S.) 237. 
 Liability to abutting owner for mutilating 
 trees in highway by erecting poles or 
 stringing wires. * 12 L.R.A. (N.S.) 1125: 
 30 L.R.A.(N.S.) 1084; 51 L.R.A.(N.S.) 
 1082. 
 
 5. due to induction. 
 
 Liability of user of electricity for interfer- 
 ence with the business or injury to 
 the property of another resulting 
 from induction or from use of earth 
 as a return electric circuit. 2 B. 
 R. C. 129.
 
 456 
 
 INDEX TO L.R.A. NOTES. 
 
 ELECTRICITY, I. cont'd 
 
 ft . Interference with wire-. 
 
 Uiirht of railroad to cut wires crossing 
 trucks. 35 L.R.A. (N.S.) 1212. 
 
 Right to interfere with wires of public- 
 service corporation in moving house 
 along street. 14 L.R.A.(N.S.) 448; 
 L.R.A.1917C, 774. 
 
 II. Electric companies. 
 
 7. Generally. 
 
 Valuation of property of, see PUBLIC SERV- 
 ICE CORPORATIONS, 5. 
 Electric railroads, see ELECTRIC RAILWAYS. 
 
 Power of Public Service Commission to reg- 
 ulate disposition of surplus products. 
 L.R.A.1918C, 680. 
 
 Corporation supplying as a manufacturing 
 
 company. 64 
 (N.S.) 90. 
 
 L.R.A. 59; 38 L.R.A. 
 
 Charge for poles and wires of interstate 
 telegraph and telephone companies. 24 
 L.R.A. 163. 
 
 Right of electrical company to impose pen- 
 alty for failure to pay service bills 
 promptly. 43 L.R.A. (N.S.) 63. 
 
 Duty to adapt electrical appliances and con- 
 nections to the system which supplies 
 the current. 46 L.R.A. (N.S.) 437. 
 
 Right of electric supply company, in ab- 
 sence of contract, to discontinue service 
 generally. 46 L.R.A. (N.S.) 1119. 
 
 Liability of electric power or light company 
 for cutting off, or failure of, electric 
 current. L.R.A.1916D, 451. 
 
 8. Regulation and control. 
 
 As to regulation of carriers, see CARRIERS, 
 V. 
 
 Power of municipality over nuisances on 
 streets created by electrical company, 
 see MUNICIPAL CORPORATIONS, 37. 
 
 As to regulation of public service corpora- 
 tions generally, see PUBLIC SERVICE 
 CORPORATIONS. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 79. 
 
 Police regulation of. 31 L.R.A. 798. 
 
 Municipal regulation of nuisances relating 
 to electricity or electric wires. 38 
 L.R.A. 306; 39 L.R.A. 609. 
 
 Injunction by municipality against tele- 
 graph and telephone poles. 44 L.R.A. 
 577. 
 
 Power of state or city to charge for poles 
 and wires of telegraph or telephone 
 company engaged in interstate business. 
 24 L.R.A. 163. 
 
 Power to require public service corporation 
 to carry municipal wires on its poles. 
 32 L.R.A.(N.S.) 997. 
 
 Right to require telegraph or telephone 
 wires to be placed underground. 24 
 L.R.A. 165; 14 L.R.A. (N.S.) 654. 
 
 Power of municipal corporation to regulate 
 electricians and the installation of 
 electrical work. 36 L.R.A. (N.S.) 78. 
 
 ELECTRICITY, II. cont'd 
 9. Franchises. 
 
 Treatment of franchises in valuation of 
 property of. 48 L.R.A. (N.S.) 1063. 
 
 Grant of franchise to electrical subway 
 company. 34 L.R.A. 369. 
 
 Privilege of using street for poles and wires 
 as a contract within provision against 
 impairing obligation. 50 L.R.A. 147. 
 
 Power of municipality, in absence of ex- 
 press legislative authority, to grant 
 street franchises to electrical company. 
 22 L.R.A.(N.S.) 925. 
 
 III. Injuries resulting front, 
 a. Negligence of party causing. 
 
 10. Generally. 
 
 Evidence as to condition prior and subse- 
 
 quent 
 1094. 
 
 to accident. 32 L.R.A. (N.S.) 
 
 Violating ordinance as to electric wires as 
 ground for private action. 5 L.R.A. 
 (N.S.) 260. 
 
 Liability for negligence with respect to elec- 
 tric current as affected by concurring 
 negligence of third person. 7 L.R.A. 
 (N.S.) 293. 
 
 Liability of electric company for injury by 
 wire strung bv a third person to con- 
 nect with its system. 39 L.R.A. (N.S.) 
 1046. 
 
 Liability of one furnishing an electrical 
 current to be distributed by another for 
 injury to third person after delivery. 
 27 L.R.A. (N.S.) 893. 
 
 Duty, in stringing electric wires, to guard 
 against danger to children. 11 L.R.A. 
 (N.S.) 449; 25 L.R.A. (N.S.) 1220; 43 
 L.R.A. (N.S.) 137; L.R.A.1918E, 1039 
 
 Liability of physician for injuries resulting 
 from electrical or X-ray treatment. 2S 
 L.R.A.(N.S.) 262; 43 L.R.A. (N.S.) 734. 
 
 Duty and liability to inspectors entering 
 premises in the performance of their 
 duty. 31 L.R.A. (N.S.) 380. 
 
 Liability for death or injury of one other 
 than employee, who climbs poles bear- 
 ing electric wires. 52 L.R.A. (N.S.) 
 1170. 
 
 Right of electric company constructively 
 liable for tort to contribution or in- 
 demnity from one actually responsible 
 for its commission. 40 L.R.A. (N.S.) 
 1149. 
 
 lOa. Duty to prevent contact of 
 wires carrying electric current. 
 
 General rules. 52 L.R.A. (N.S.) 587. 
 Degree of care. 52 L.R.A. (N.S.) 588. 
 Wires in highway. 52 L.R.A. (N.S.) 590. 
 Wires over private premises. 52 L.R.A. 
 
 (N.S.) 600. 
 Duty to linemen and other employees. 52 
 
 *L.R.A.(N.S.) 600. 
 
 Joint liability. 52 L.R.A. (N.S.) 603. 
 Persons entitled to protection. 52 L.I!. A. 
 
 (N.S.) 604. 
 Notice. 52 L.R.A. (N.S.) 605. 
 
 J{<'!/i irith tin* bonls on rrrrif latr question. 
 
 Questions for jury. 52 L.R.A. (N.S.) 606.
 
 INDEX TO L.R.A. NOTES. 
 
 457 
 
 ELECTRICITY, III. a cont'd. 
 
 11, 12. On private property. 
 
 Negligence as to electric wires on or in 
 buildings. 32 L.R.A. 400. 
 
 Liability for injuries caused by wires ex- 
 tended over premises of others. 46 
 L.R.A. 97. 
 
 Duty of company maintaining electric wire 
 over or across private property. 
 34 L.R.A. (N.S.) 1089. 
 
 Degree of care required of one furnishing 
 electricity toward persons rightfully on 
 premises supplied. 6 L.R.A. (N.S.) 
 459. 
 
 Measure of duty of company maintaining 
 electric wires on another's premises, 
 toward trespasser or licensee on such 
 premises. 3 L.R.A. (N.S.) 988; 34 
 L.R.A. (N.S.) 1094. 
 
 Duty to protect wires for safety of work- 
 men on premises. 2 L.R.A. (N.S.) 777. 
 
 Duty of electric light company with respect 
 to wiring or fixtures installed in 
 private property. 13 L.R.A. (N.S.) 
 226; 20 L.R.A. (N.S.) 816; L.R.A.1915C, 
 570. 
 
 Duty to prevent contact of wires carrying 
 electric current. 52 L.R.A. (N.S.) 600. 
 
 Liability of electric light company for es- 
 cape of electricity from unauthorized 
 wiring. 4 B. R. C. 498. 
 
 Applicability of rule res ipsa loquitur to 
 accidents on private property due to 
 escape of electricity from disordered 
 electrical appliances'! 22 L.R.A. (N.S.) 
 1183; 32 L.R.A. (N.S.) 848. 
 
 Liability of electric railway for injury to 
 trespasser or licensee from exposed 
 third rail. 28 L.R.A. (N.S.) 98. 
 
 13. Liability of municipality. 
 
 Municipal liability for negligent operation 
 of electric light plant. 5 L.R.A. (N.S.) 
 536. 
 
 Municipal liability for injuries by electric 
 wires and appliances. 20 L.R.A. 
 (N.S.) 648. 
 
 Municipal liability for injury by poles in 
 highway. 20 L.R.A. ( N.S: ) 649. 
 
 Municipal liability for injury to, or death 
 of, traveler from electricity carried by 
 wires strung along highway. 22 
 L.R.A.(X.S.) U76; 1 B. R. C. 809. 
 
 Duty of municipality to inspect electric 
 wires maintaired by others in its 
 streets. 2 L.R.A. (N.S.) 475. 
 
 Duty of municipality to prevent contact of 
 wires carrying electric current in high- 
 way. 52 L.R.A. (N.S.) 590. 
 
 Liability for injury of employees of an- 
 other company while on defendant's 
 po'es, or poles used jointly. 45 
 L.R.A. (N.S.) 303. 
 
 14. Master's liability for injury by 
 servant. 
 
 Master's liability for injury done by serv- 
 ant to third person in use of. 10 
 L.R.A. (N.S.) 389. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ELECTRICITY, III. a cont'd. 
 15. Liability to employee. 
 
 See MASTER AND SERVANT, 86. 
 
 16. Liability to passenger. 
 
 Applicability of doctrine of res ipsa loquitur 
 to injury to passenger resulting from 
 disorder of electrical appliances. 2 
 L.R.A. (N.S.) 836; 12 L.R.A. (N.S.) 
 760; 13L.R.A.(N.S.) 615; L.R.A.1916C, 
 376. 
 
 17. In highway. 
 
 Duty to prevent contact of wires carrying 
 
 electric current. 52 L.R.A.(N.S.) 600. 
 
 Liability for injury or death of traveler 
 
 coming in contact with electric 
 
 wire in highway. 31 L.R.A. 566 ; 
 
 22 L.R.A. (N.S.) 1169; 1 B. R. C. 
 
 797. 
 
 Duty of municipality to inspect wires 
 maintained by others in its streets. 
 2 L.R.A. ( N.S'!) 475. 
 
 Liability for negligence in permitting wires, 
 to hang down, notwithstanding inter- 
 vening act of third person in con- 
 nection therewith. 24 L.R.A. (N.S.) 
 978. 
 
 Applicability of rule res ipsa loquitur to 
 accidents on highway due to disordered 
 electrical appliances. 22 L.R.A. (N.S.) 
 1178; 32 L.R.A.(N.S.) 1043. 
 
 6. Contributory negligence. 
 
 18. Generally. 
 
 As to electric wires on or in buildings. 32 
 
 L.R.A. 403. 
 
 Of children. L.R.A.1917F, 100. 
 Of volunteer handling or testing electric 
 
 wire or apparatus. 6 L.R.A. (N.S.) 
 
 290. 
 In touching live wires in street. 1 L.R.A. 
 
 (N.S.) 822. 
 
 By traveler coming in contact with elec- 
 tric wire in highway. 31 L.R.A. 589 ; 
 
 32 L.R.A. 403; 22 L.R.A. (N.S.) 1177; 
 
 1 B. R. C, 810. 
 Duty of one to ascertain if there is danger 
 
 before passing under a wire strung 
 
 over a highway. 22 L.R.A. (N.S.) 
 
 1189. 
 
 ELECTRIC LIGHTS. 
 
 1. Generally. 
 
 Valuation of property of electric light com- 
 pany, see PUBLIC SERVICE CORPORA- 
 TIONS, 5. 
 
 Lighting company as a manufacturing 
 company. 64 L.R.A. 58. 
 
 Privilege of'using street for poles and wires 
 as a contract within provision against 
 impairing contract obligations. 50 
 L.R.A. 147; L.R.A.1918E, 907. 
 
 Electric light line in street or highway as 
 an additional burden. 36 L.R.A. 
 (N.S.) 185; 52 L.R.A.(N.S.) 760.
 
 458 
 
 INDEX TO L.R.A. NOTES. 
 
 II I XTRIC LIGHTS confd 
 
 Duty of electric light company as to wiring 
 or fixtures installed in private prop- 
 erty. ' 13 L.R.A.(N.S.) 226. 
 
 Right to interfere with wires in moving 
 building along street. 14 L.R.A. (N.S.) 
 448; L.R.A.1917C, 774. 
 
 Right of property owner to damages or in- 
 junction for maintenance of electric 
 light plant in vicinity of his property. 
 27 L.R.A. (N.S.) 237. 
 
 Right of lighting company performing two 
 kinds of service to refuse to furnish 
 one without the other. 33 L.R.A. 
 (N.S.) 1078. 
 
 Taking of property for production and dis- 
 tribution of light by electricity as a 
 public purpose. 22 L.R.A. (N.S.) 137. 
 
 Duty of electric light company as to wiring 
 or fixtures installed in private prop- 
 erty. L.R.A.1915C, 570. 
 
 Liability of electric light company for cut- 
 ting off, or failure of, electric current. 
 L.R.A.1916D, 451. 
 
 g 2. Rights, duties, and liabilities of 
 municipality. 
 
 Power of city to own plant and manu- 
 facture. 10 L.R.A. 194;* 14 L.R.A. 
 268; 15 L.R.A.(N.S.) 711. 
 
 Right of municipality to make profit from 
 its lighting plant. 24 L.R.A. (N.S.) 
 290. 
 
 Right of municipality to secure electric 
 light plant by piecemeal to avoid 
 constitutional debt limit. 12 L.R.A. 
 (N.S.) 433. 
 
 Power of municipality in absence of express 
 legislative authority to grant use of 
 streets for electric lights. 22 L.R.A. 
 (N.S.) 933, 937. 
 
 Exemption of municipal light plant from 
 taxation. 16 L.R. A. (N.S.) 867. 
 
 Municipal liability for negligent operation 
 of electric light plant. 5 L.R.A. (N.S.) 
 536. 
 
 8. Rates. 
 
 Valuation of property for purpose of fixing 
 rates, see PUBLIC SERVICE CORPORA- 
 TIONS, 5. 
 
 Right of lighting company whose rates are 
 fixed by public authority to establish 
 a minimum charge. 26 L.R.A. (N.S.) 
 1109. 
 
 Right of electric light company to discrimi- 
 nate between consumers as to rates. 
 27 L.R.A.(N.S.) 674; L.R.A.1915D, 
 1086. 
 
 Giving of free service or reduced rates to 
 governmental agencies, cities, schools, 
 charities and the like as an unlawful 
 discrimination. L.R.A.1918D, 904. 
 
 Power of municipality apart from contract 
 to regulate rates to be charged by 
 lighting company. 33 L.R.A. (N.S.) 
 759; 43 L.R.A.(N.S.) 994. 
 
 Effect of contract with patron to preclude 
 regulation of rates. L.R.A.1915C, 282. 
 
 Right to reduce rates fixed by franchise or 
 charter. L.R. A. V. !.->(, 261. 
 
 ELECTRIC LIGHTS cont'd 
 
 Validity of statute or ordinance making 
 property or property owner liable for 
 light furnished tenant. L.R.A. 1918D, 
 364. 
 
 ELECTRIC POWER. 
 
 Electric power line in street or highway as 
 additional burden. 36 L.R.A. (N.S.) 
 185; 52 L.R.A. (N.S.) 760. 
 
 Liability of electric power company for 
 cutting of, or failure of, electric cur- 
 rent. L.R.A. 191GD, 451. 
 
 ELECTRIC RAILWAYS. 
 
 See also CARRIERS; INTERURBAX RAIL- 
 ROADS; STREET RAILWAYS. 
 
 Right to compensation on laying out elec- 
 tric road across railroad, see EMINENT 
 DOMAIN, 52. 
 
 As additional servitude in street. 4 L.R.A. 
 (N.S.) 202; 36 L.R.A. (N.S.) 722. 
 
 Right of railroad company to compensation 
 for the crossing of its track, where it 
 intersects a street or highway, by an 
 electric road. 13 L.R.A.(N.S.) 916; 
 L.R.A.1915D, 843. 
 
 Liability of user of electricity for inter- 
 ference with the business or injury to 
 the property of another resulting from 
 induction or from use of earth as a re- 
 turn electric circuit. 2 B. R. C. 129. 
 
 Liability for injury to trespasser or 
 licensee from exposed third rail. 28 
 L.R. A. (N.S.) 98. 
 
 Liability for frightening horses by con- 
 struction apparatus in street. 28 
 L.R.A. (N.S.) 942. 
 
 Duty to look and listen before crossing the 
 tracks of an electric road. 15 L.R.A. 
 (N.S.) 254; 23 L.R.A.(N.S-) 1224. 
 
 ELECTRIC SUBWAY. 
 
 Grant of franchises to electrical subway 
 companies. 34 L.R.A. 369. 
 
 ELECTRIC TREATMENT. 
 
 Application of statutes regulating practice 
 of medicine to persons giving. 3 
 L.R.A.(N.S.) 763; 25 L.R.A. (N.S.) 
 1297. 
 
 ELECTRIC AVIRES. 
 
 j:></in trith thin book on 
 
 fair question. 
 
 See ELECTRICITY.
 
 INDEX TO L.R.A. NOTES. 
 
 459 
 
 ELECTROLYSIS. 
 
 See ELECTRICITY, 5. 
 
 ELECTROTYPE PLATES. 
 
 Right of purchaser to sell, or use free from 
 restrictions affecting them in hands of 
 vendor. 55 L.R.A. 632. 
 
 ELEEMOSYNARY INSTITUTION. 
 
 See CHABITIES. 
 
 ELEMENTS. 
 
 Proximate cause of death, loss or injury by, 
 see PROXIMATE CAUSE, 4-7. 
 
 What constitutes damage by. 53 L.R.A. 
 
 073. 
 Liability for removal of lateral or subjacent 
 
 support of land b*y exposure to ele- 
 
 ments. 68 L.R.A. 687. 
 
 ELEPHANT. 
 
 Liability for injury by. 11 L.R.A. (N.S.) 
 748. 
 
 ELEVATED RAILROADS. 
 
 1. Generally. 
 
 As to street railways, generally, see STREET 
 RAILWAYS. 
 
 Right to construct in street. 15 L.R.A. 
 
 377. 
 Liability for private nuisance. 1 L.R.A. 
 
 (N.S.) 117. 
 Duty to light space below tracks. 36 
 
 L.R.A. (N.S.) 2081. 
 
 2. Damages to abutting owner by. 
 
 Injury by. to abutting owner's easements. 
 
 14 L.R.A. 381; 15^ L.R.A. 377. 
 As additional servitude in street. 36 
 
 L.R.A. (N.S.) 673. 
 Right of abutting owner to enjoin. 36 
 
 L.R.A. (N.S.) 826. 
 Right of abutting owner to damages for 
 
 special injuries where elevated road is 
 
 not considered an additional burden. 
 
 25 L.R.A. (N.S.) 1269. 
 
 3. Injury to passenger on. 
 
 Duty to passengers on overcrowded cars. 
 
 24 L.R.A. 713. 
 Starting car before passenger is seated. 
 
 42 L.R.A. 294. 
 Injury by crush in entering car at elevated 
 
 station. 7 L.R.A. (N.S.) 729; 51 L.R.A. 
 
 (N.S.) 1152. 
 Consult also L.R.A. Digests of Cases. 
 
 ELEVATED RAILROADS cont'd 
 4. Injury to person on surface of 
 street. 
 
 Ground of liability; duty and degree of 
 
 care, generally ." 42 L*R.A. (N.S.) 90. 
 Contributory negligence. 42 L.R.A. (N.S.) 
 
 91. 
 Rule of res ipsa loquitur. 42 L.R.A. (N.S.) 
 
 91. 
 
 Falling cinders, coals, or sparks from en- 
 gine. 42 L.R.A. (N.S.) 92. 
 Sparks and explosions from electric cars. 
 
 42 L.R.A. (N.S.) 93. 
 
 Bursting cylinder. 42 L.R.A. (N.S.) 94. 
 Fall of iron, wood, etc., from elevated 
 
 structure. 42 L.R.A. (N.S.) 94. 
 
 ELEVATION. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 697. 
 
 ELEVATORS. 
 
 /. Grain elevators, 1. 
 II. Freight anil passenger elevators, 
 2-8. 
 
 I. Grain elevators. 
 
 1. Generally. 
 
 Liability of grain to taxation while in ele- 
 vator in course of interstate transporta- 
 tion. 44 L.R.A. (N.S.) 586. 
 
 Elevators and their sites on railroad right 
 of way as separate subjects of taxation. 
 L.R.A.1916E, 413. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of grain elevator 
 business as affected by its territorial 
 scope. L.R.A.1916C, 631. 
 
 Loss of profits as element of damages in 
 case of elevator contracts. 53 L.R.A. 
 65. 
 
 Legislative regulation of rates of. 33 
 L.R.A. 178; 6 L.R.A. (N.S.) 836. 
 
 Furnishing site for elevator to one shipper 
 as discrimination against others. 12 
 L.R.A.(N.S.) 509. 
 
 Right to use railroad right of way for pur- 
 pose of, as against owner of fee. 36 
 L.R.A. (N.S.) 516. 
 
 Delegation by legislature of power to re- 
 quire lease of ground to. 32 L.R.A. 
 (N.S.) 652. 
 
 II. Freight and passenger elevators. 
 
 2. Generally. 
 
 Constitutionality of statute? as to, see 
 CONSTITUTIONAL LAW, 80. 
 
 Presumption and burden of proof as to in- 
 jury on, see EVIDENCE, 65. 
 
 Discontinuance of, interference with, ele- 
 vator service as eviction of tenant. 21 
 L.R.A. (N.S.) 38. 
 
 Validitv of regulations concerning. 42 
 L.R.A. (N.S.) 899.
 
 460 
 
 INDEX TO L.R.A. NOTES. 
 
 ELEVATORS, II. cont'd 
 
 Storekeeper's liability to customer for in- 
 jury by defective elevators. 21 L.R.A. 
 (N.S.) 461. 
 
 7. Injury to employees. 
 
 See also MASTER AND SERVANT, 85, 101. 
 
 Operator of elevator as fellow servant of 
 other employees of the establishment. 
 41 L.R.A. (N.S.) 156. 
 
 Landlord's liability for injury to servant 
 of tenant. L.R.A.1916F, 1146, 1147. 
 
 8. Contributory negligence. 
 
 In stepping into elevator shaft. 2 L.R.A. 
 
 (N.S.) 757; 24 L.R.A.(N.S.) 246; 
 
 L.R.A.1915E, 731; L.R.A.1917D, 892. 
 Of children on and about elevators. L.R.A. 
 
 1917F, 195. 
 Of child falling down shaft. L.R.A.1917F, 
 
 105. 
 
 ELIGIBILITY. 
 
 To office of judge, see JUDGES, 2. 
 
 To office generally, see OFFICERS, 4-9. 
 
 ELEVATORS, II. cont'd 
 
 Loss of rent as element of damages for 
 
 failure to install elevator. 17 L.R.A. 
 
 s.) 1130. 
 Landlord's liability for injury to employee 
 
 of tenant falling into elevator shaft. 
 
 L.R.A.1916F, 1147. 
 Private action for violation of statute as to 
 
 Miarding elevators and their shafts. 
 
 L.R.A. 1915E, 541. 
 
 g 3. Injury to passengers. 
 
 Proximate cause of injury, see PROXIMATE 
 CAUSE, 10. 
 
 Insurance against liability for injury. 
 L.R.A.1918C, 812. 
 
 Liability for injury to elevator passenger. 
 25 L.R.A. 33; 2 L.R.A. (N.S.) 744; 
 L.R.A.1915E, 722. 
 
 Leaving elevator in position to be operated 
 by stranger as proximate cause of in- 
 jury to passenger occasioned by act of 
 third party in connection therewith. 
 22 L.R.A. (N.S.) 297. 
 
 Responsibility of owner or occupier of 
 building where operation of elevator is 
 let to independent contractor. 32 
 L.R.A. (N.S.) 945. 
 
 Responsibility of general employer for neg- 
 ligence of employee in operating ele- 
 vator for convenience of workmen not 
 in former's employ. L.R.A.1917E, 964. 
 
 Violating ordinance as to, as ground for 
 private action. 5 L.R.A.( (N.S.) 260. 
 
 Private action for violation of statute as 
 to, not expressly conferring right of 
 action. 9 L.R.A. (N.S.) 380. 
 
 Presumption of negligence from injury to 
 passenger on. 13 L.R.A. (N.S.) 619; 
 29 L.R.A.(N.S.) 816; L.R.A.1916C, 378. 
 
 Evidence as to conditions before and after 
 accident. 32 L.R.A. (N.S.) 1093, 1103. 
 
 Admissibility of evidence of prior acci- 
 dents in. 32 L.R.A. (N.S.) 1103. 
 
 4. Injury to trespassers or licensees. 
 
 Liability of owner of elevator for injury 
 to trespassers or licensees. 15 L.R.A. 
 (N.S.) 402; 27 L.R.A. (N.S.) 124. 
 
 Rights of one who has been prohibited from 
 entering a passenger elevator, but who 
 does so for the purpose of doing busi- 
 ness with a tenant. 14 L.R.A.(N.S.) 
 350. 
 
 5. Injury to tenant or guest at inn. 
 
 Liability for condition of, to tenant of part 
 
 of premises. 23 L.R.A. 155. 
 Liability of innkeeper for injury to guest 
 
 by negligence as to. 16 L.R.A.(N.S.) 
 
 290; 43 L.R.A.(N.S.) 659, 661. 
 Liability of landlord for personal injury by 
 
 defect in, to member of lessee's family 
 
 other than wife. L.R.A.1916F, 1161. 
 
 6. Injury to customer at store. 
 Duty of storekeeper towards customer as to 
 
 condition of elevator shafts. 21 L.R.A. 
 
 (N.S.) 458; L.R.A.1915F, 572. 
 Liability of storekeeper toward customer 
 
 for negligent operation of elevators. 21 J CORPORATIONS, 90-92; WATERS, 
 
 L.R.A.(N.S.) 460; L.R.A.1915F, 573. 46-50, 63, 102. * 
 
 Bcr/in iritli this boo/,- on every law question. 
 
 ELIXIR OF ORANGE MINT. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 ELKINS ACT. 
 
 Violation of, see MONOPOLY AND COMBI- 
 NATIONS. 
 
 Right of carrier to grant rebate or allow- 
 ance to shipper for use of latter'a 
 track. 26 L.R.A. (N.S.) 551. 
 
 ELOPEMENT. 
 
 Effect to bar dower. 11 L.R.A. 791.* 
 
 EMANCIPATION. 
 
 Of infants, see INFANTS, 15. 
 
 EMBANKMENT. 
 
 Obstruction of stream by, see MUNICIPAL
 
 INDEX TO L.R.A. NOTES. 
 
 461 
 
 EMBARGO, 
 t 
 
 Liability of insurer under policy of marine 
 insurance for loss occasioned by em- 
 bargo. 5 B. R. C. 33. 
 
 Effect of insertion of unauthorized provi- 
 sions in embargo bond. L.R.A.1917B, 
 990. 
 
 Against exportation of arms to Mexico, in- 
 dictment for violating. L.R.A.1917A, 
 281. 
 
 EMBEZZLEMENT. 
 
 1. Generally. 
 
 Indictment for, see INDICTMENT, INFORMA- 
 TION, AND COMPLAINT, 17. 
 
 Validity and enforceability of contract to 
 compensate the owner of property 
 embezzled in absence of duress or 
 agreement, express or implied, to stifle 
 prosecution. L.R.A.1915E, 139. 
 
 Existence of a trust in property embezzled. 
 L.R.A.1915B, 442. 
 
 Check as subject of. 42 L.R.A.(N.S.) 498. 
 
 Meaning of phrase "convert to his own 
 use" in criminal statutes. 42 L.R.A. 
 (N.S.) 601. 
 
 Does wrongful appropriation of money re- 
 ceived through mistake constitute em- 
 bezzlement. 19 L.R.A.(N.S.) 371. 
 
 Failure to account for fund to one jointly 
 interested therein. 31 L.R.A. (N.S.) 
 822. 
 
 Transfer of fund or security from one es> 
 tate to another by a common trustee. 
 
 16 L.R.A.(N.S.) 205. 
 
 By one spouse of other's property. 29 
 L.R.A. (N.S.) 830. 
 
 Embezzlement as affected by want of au- 
 thority of defendant to receive the 
 money or property in the first instance. 
 
 17 L.*R.A.(N.S.) 531. 
 
 Valuation of property for purposes of trans- 
 portation as affecting carrier's liability 
 where it is embezzled while in its pos- 
 session. 31 L.R.A. (N.S.) 309; L.R.A. 
 1918A, 756. 
 
 Disbarment of attorney for withholding 
 client's money. 19 L.R.A. (N.S.) 414. 
 
 As affected by belief in right to property 
 taken. 41 L.R.A. (N.S.) 556. 
 
 Intent, or offer to return or actual return 
 of property as affecting charge of. 52 
 L.R.A. (N.S.) 1013. 
 
 Libel or slander by charge of embezzlement 
 against public officer or candidate. 
 L.R.A.1918E, 29. 
 
 Truth of charge of, as a defense to a civil 
 action for libel or slander. 31 L.R.A. 
 (N.S.) 144. 
 
 Evidence of other crimes in prosecution for. 
 62 L.R.A. 226, 264; 43 L.R.A. (N.S.) 
 774. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance. 
 38 L.R.A. (N.S.) 314, 320. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 Proof of corpus delicti in embezzlement. 
 L.R.A.1S17A, 1289. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EMBEZZLEMENT cont'd 
 
 Proof of mere failure to pay over money. 
 
 L.R.A.1917B, 1266. 
 Venue of prosecution for. L.R.A.1918E, 
 
 744. 
 
 2. By agent. 
 
 Effect of fact that one is entitled to com- 
 missions out of fund upon his prosecu- 
 tion for embezzlement in case he re- 
 tains the whole fund. 13 L.R.A. (N.S.) 
 511. 
 
 Failure of foreign corporation to comply 
 with conditions of doing business in 
 the state as defense of action by it 
 against officer or agent for embezzle- 
 ment. L.R.A.1916A, 650. 
 
 3. By bailee. 
 
 Liability of bailee for wrongful appropria- 
 tion of subject of bailment by servant. 
 29 L.R.A. 92. 
 
 Of property while in possession of bailee, 
 presumption and burden of proof as to 
 negligence. 43 L.R.A.(N.S.) 1190. 
 
 4. By public officer. 
 
 May estoppel to deny authority to receive 
 money alleged to have been embezzled 
 be invoked against public officer charged 
 with embezzlement. 23 L.R.A.(N.S.) 
 761. 
 
 5. From one not properly In posses- 
 sion. 
 
 Title of one who takes money from thief or 
 embezzler. 25 L.R.A.(N.S.) 631; L.R.A. 
 191 7 A, 707. 
 
 Illegality of transaction by which owner 
 obtained money or other property, as 
 a defense. 27 L.R.A. (N.S.) 415. 
 
 See CROPS. 
 
 EMBLEMENTS. 
 
 EMERGENCY. 
 
 1. Generally. 
 
 Effect 'of an emergency in enlarging the 
 ordinary powers of agents to contract 
 for services of other persons. L.R.A. 
 1918F, 85. 
 
 Emergency which will authorize nn extra 
 tax. 52 L.R.A.(N.S.) 676. 
 
 What is an emergency within the hours of 
 service laws. L.R.A.1915D, 420; L.R.A. 
 19 17 A, 1206. 
 
 Care required of one in sudden emergency. 
 37 L.R.A.(N.S.) 43. 
 
 Liability for death of, or injury to, one 
 attempting to stop runaway horse. 
 L.R.A.1917C, 1083. 
 
 Sudden stopping of train in an emergency 
 as negligence toward passenger. L.R.A. 
 1915D, 368. 
 
 Contributory negligence at railroad cross- 
 ing of driver of automobile required to 
 act in. 46 L.R.A. (N.S.) 708. 
 
 Contributory negligence of child acting in 
 emergency. L.R.A. 191 7F, 83, 104. 
 On or about railroad track. L.R.A. 
 1917F, 162.
 
 IN'DKX TO L.R.A. NOTES. 
 
 EMERGENCY cont'd 
 
 Implied power of attorney to compromise 
 
 cause of action in case of emergency. 
 
 31 L.R.A.(N.S.) 527. 
 
 8 2. Act of employee in. 
 
 Aa to obtaining medical assistance, see 
 infra, 5. 
 
 Reliance by servant on orders given in emer- 
 gency as contributory negligence. 17 
 L.R.A. 606. 
 
 Liability of restaurant keeper to customer 
 for injury by act of servant in emer- 
 gency. 21 L.R.A.(N.S.) 464. 
 
 3. Act of passenger in. 
 
 Negligence of passenger in getting on or off 
 
 moving street car to avoid impending 
 
 danger. 38 L.R.A. 790; 30 L.R.A. 
 
 (N.S.) 275. 
 Negligence in alighting from moving train 
 
 to avoid impending danger. 22 L.R.A. 
 
 (N.S.) 756; L.RJU915C, 186. 
 Causing trespasser to jump from moving 
 
 wagon as actionable misconduct. 31 
 
 L.R.A.(N.S.) 1064. 
 
 4. Act of person in street in case of. 
 
 Liability for death of, or injury to, one at- 
 tempting to stop runaway horse. 
 L.R.A.1917C, 3083. 
 
 Duty of pedestrian injured by automobile 
 > in case of emergency. 38 L.R.A. (N.S.) 
 494; 51 L.R. A. (N.S.) 1005. 
 
 By pedestrian in front of passing trains. 
 19 L.R.A. 165; 39 L.R.A.(N.S.) 485. 
 
 As excuse for contributory negligence of 
 person injured by defect in street. 21 
 L.R.A.(KS.) 654; 48 L.R.A. (N.S.) 628. 
 
 5. Medical expenses in case of. 
 
 Physician's right to recover for emergency 
 service rendered unconscious person. 
 12 L.R.A.(N.S.) 1090. 
 
 Power of corporate agents to defray medi- 
 cal expenses of injured employees in 
 case of. 4 L.R.A.(N.S.) 63; L.R A 
 1915C, 809. 
 
 Implied power of employee to employ phy- 
 sician to attend injured employee in 
 cases of emergency. 34 L.R.A. (NS) 
 353, 355. 
 
 Existence of, as basis for implied promise 
 by public to compensate for relief fur- 
 nished poor person in cases not pro- 
 vided for by law where there has been 
 no compliance with statutory prereq- 
 uisites. 39 L.R.A. (N.S.) 164. 
 
 EMERGENCY CLAUSE. 
 
 Resort to legislative journals to show en- 
 actment of bill with. 40 L.R. A. (N.S.) 
 34. 
 
 EMERGENCY FUND., 
 
 Effect of provision that deficiency in assess- 
 ment may be paid from. 10 L.R.A. 
 (N.S.) 264. 
 
 EMERGENCY ASSISTANTS. 
 
 Liability of master for injury to. 40 
 
 L.R.A. (N.S.) 1180. 
 Begin with thin hook on every law question. 
 
 EMINENT DOMAIN. 
 
 /. In general, 1. 
 II. Right to talce property, 2-26. 
 a. In general, 2-4:. 
 It. Who may exercise, 5. 
 
 c. What may 1>e taken, 6-8. 
 
 d. For ivhat purpose, 9-23. 
 
 e. Rights and title acquired, 
 
 24-26. 
 
 III. Procedure, 27-35. 
 
 IV. Rights and remedies of owners 
 
 and others, 36-53. 
 a. In general, 36-4O. 
 T). What constitutes a taking 
 
 of, or injury to property, 
 
 41-44. 
 
 c. Right to compensation, 
 45-53. 
 
 1. In general, 45. 
 
 2. Who entitled to, 46. 
 
 3. For iiJiat property or 
 
 injury, 47-53. 
 V. Additional burdens, 54-57. 
 
 I. In general. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 81. 
 
 Power of courts as to right of eminent do- 
 main, see COURTS, 16. 
 
 Measure of damages in, see DAMAGES, 11 
 82-93. 
 
 Loss of dower right by condemnation pro- 
 ceedings, see DOWER, 12. 
 
 Acquiring mining property bv, sec MINES, 
 3. 
 
 Nature of eminent domain. 22 L.R.A. 
 (N.S.) 7. 
 
 Effect of condemnation of property of pub- 
 lic corporation exempt from taxation 
 on taxes accruing between date of 
 initiation of proceedings and their 
 completion. L.R.A.1915C, 132. 
 
 Pending condemnation proceedings as breach 
 of covenant against encumbrances. 36 
 L.R.A. (N.S.) 1067. 
 
 Power to impose assessments for public im- 
 provement by front-foot rule under 
 power of eminent domain. 28 L.R.A. 
 (N.S:) 1130, 1144. 
 
 Assessment by front-foot rule for public 
 improvements involving power of em- 
 inent domain. 28 L.R. A. (N.S.) 1197.
 
 INDEX TO L.R.A. NOTES. 
 
 4Gb 1 
 
 EMINENT DOMAIN, I. cont'd 
 
 Does statute of limitations run during life 
 estate against proceedings by remain- 
 derman to compel appropriation of 
 property by third person having power 
 of eminent domain. 15 L.R.A.(N.S.) 
 1154. 
 
 Eminent domain proceedings after forfeiture 
 of deed to railroad for noncompliance 
 with condition for construction of road 
 within a specified time. 32 L.R.A. 
 (N.S.) 120. 
 
 Federal courts following state decisions on 
 questions relating to. 40 L.R.A. (N.S.) 
 444. 
 
 I/. Right to take property, 
 a. In general. 
 
 2. Generally. 
 
 Right to exercise eminent domain as af- 
 fected by the extent to which the gen- 
 eral scheme has progressed. 7 L.R.A. 
 (N.S.) 198. 
 
 3. Extinguishment of right. 
 
 When exercise of power for purposes of wa- 
 ter supply exhausted. 58 L.R.A. 248. 
 
 4. Necessity for taking 1 . 
 
 Necessity for private road. 16 L.R.A. 83. 
 
 Necessity for taking railroad right of way 
 for telegraph or telephone lines. 42 
 L.R.A.(N.S.) 235. 
 
 Existence of necessity for drainage of pri- 
 vate lands. 49 L.R.A. 782. 
 
 Necessity for establishment of drains and 
 sewers. 60 L.R.A. 191. 
 
 Discretion as to necessity of exercise of 
 power for purposes of water supply. 58 
 L.R.A. 249. 
 
 Judge of necessity. 22 L.R.A. (N.S.) 64. 
 
 Degree of necessity requisite to exercise 
 power of eminent domain. 22 L.R.A. 
 (N.S.) 58. 
 
 Public necessity as gauge of "power to ex- 
 ercise right of eminent domain. 22 
 L.R.A.(N.S.) 55. 
 
 Necessity of taking particular land by emi- 
 nent domain as a judicial question. 
 11 L.R.A.(N.S.) 940. 
 
 6. Who may exercise. 
 
 5. Generally. 
 
 For purpose of water supply. 58 L.R.A. 
 243. 
 
 Right of de facto corporation to exercise. 
 2 L.R.A.(N.S.) 144; 50 L.R.A. (N.S.) 
 236. 
 
 Right of foreign corporation to exercise. 
 24 L.R.A. 327. 
 
 Exercise of power by one corporation for a 
 public purpose to be subserved by an- 
 other. 21 L.R.A. (N.S.) 448. 
 
 Constitutionality of statute conferring 
 power of eminent domain on private 
 person or corporation other than rail- 
 road company, for spur or lateral track. 
 35 L.R.A. (N.S.) 646. 
 
 Consult also L.lt.A. THrjests of Cases. 
 
 EMINENT DOMAIN, II. b cont'd 
 Exercise of power of eminent domain by 
 
 depot and belt or terminal railwav 
 
 companies. 10 L.R.A.(N.S.) 90!). 
 Right of private educational corporation to 
 
 exercise power of eminent domain. 48 
 
 L.R.A. (N.S.) 491. 
 
 c. What may be taken. 
 
 6. Generally.- 
 
 Property subject to appropriation for pub- 
 lic use. 22 L.R.A.(N.S.) 6. 
 
 What may be acquired for construction and 
 operation of canals. 61 L.R.A. 833. 
 
 For purposes of sewer. 60 L.R.A. 198. 
 
 For purposes of a water supplv. 58 L.R.A. 
 244. 
 
 Acquisition of tide lands by right of. 66 
 L.R.A. 897. 
 
 Power to condemn riparian rights apart 
 from the land to which they are appur- 
 tenant. 17 L.R.A. (N.S.) 1005. 
 
 What property may be taken for school 
 purposes. 48 L.R.A. (N.S.) 488. 
 
 Taking school lands for other public uses. 
 48 L.R.A. (N.S.) 489. 
 
 Scope and effect of constitutional or statu- 
 
 . tory provision exempting property 
 
 from eminent domain proceedings. 
 L.R.A.1916A, 1097. 
 
 6a. Shares of minority stockholder. 
 
 In general. 1 L.R.A. (N.S.) 605. 
 Relation of stockholder to his associates 
 
 and the corporation. 1 L.R.A. (N.S.) 
 
 607. 
 
 Remedies. 1 L.R.A.(N.S.) 609. 
 Property subject to condemnation. 1 L.R.A. 
 
 (N.S.) 611. 
 Some statutes in point. 1 L.R.A. (N.S.) 
 
 615. 
 
 7. Property already devoted to pub- 
 lic or quasi public use. 
 
 Right to take other public property for pur- 
 poses of water supply. 58 L.R.A. 246. 
 
 Power to take property already devoted to 
 a public use by a political or govern- 
 mental agency. 37 L.R.A. (N.S.) 101. 
 
 Right to condemn property previously con- 
 demned or purchased for public use, but 
 which is not actually so used. 24 
 L.R.A. (N.S.) 383. 
 
 Taking for school purposes lands already 
 devoted to other public use. 48 L.R.A, 
 (N.S.) 489. 
 
 8. railroad property. 
 
 Power to lay out street or highway across 
 railroad property or right of way. 24 
 L.R.A. (N.S.) 1213. 
 
 Taking railroad lands for municipal pur- 
 poses. 2 L.R.A. (N.S.) 227. 
 
 Taking railroad lands for exclusive munici- 
 pal uses. 41 L.R.A. (N.S.) 828. 
 
 Location of railroad; what sufficient to ex- 
 clude another road. 4 L.ll.A. 791;* 
 12 L.R.A. 220.
 
 464 
 
 INDEX TO L.R.A. NOTES. 
 
 EMINENT DOMAIN, II. c cont'd 
 What constitutes appropriation of land for 
 ri^rlit of way by one railroad company 
 which will 'prevent its condemnation 
 by another railroad company. 13 
 L.R.A.(N.S.) 197. 
 
 Right of railroad to condemn a right of way 
 over or across the tracks of another 
 company for a spur track to private 
 establishments. 5 L.R.A. (N.S.) 512. 
 Condemnation of right of way for telegraph 
 or telephone line along railroad 
 right of way. 42 L.R.A. (N.S.) 
 225. 
 
 (1. For what purpose. 
 
 9. Generally. 
 
 Where power resides to declare what is a 
 public use. 22 L.R.A.(N.S.) 50. 
 
 Extent of user as affecting public nature of 
 a use. 22 L.R.A.(N.S.) 48. 
 
 For what purposes the flowage of lands may 
 be authorized by statute. 14 L.R.A. 
 487. 
 
 Exercise of power by one corporation for 
 public purpose to be subserved by an- 
 other. 21 L.R.A. (N.S.) 448. 
 
 Taking property of one person to compen- 
 sate another for property taken for a 
 public purpose. 46 L.R.A. (N.S.) 319. 
 
 Right to exercise power as affected by fact 
 that principal benefit will be de- 
 rived out of the state. 46 L.R.A. 
 (N.S.) 1073. 
 
 Power to exercise for purposes of school. 48 
 L.R.A. (N.S.) 485. 
 
 10. Combination of public and pri- 
 vate uses. 
 
 Private use and incidental public use. 21 
 L.R.A. (N.S.) 539. 
 
 Public use and incidental private use. 21 
 L.R.A.(N.S.) 540. 
 
 Combination of public use and private as 
 principal purposes. 21 L.R.A.(N.S.) 
 543. 
 
 Exercise of power for public purpose by 
 corporation whose objects include pri- 
 vate purposes. 21 L.R.A. (N.S.) 544. 
 
 Mask of public character. 22 L.R.A.(N.S.) 
 
 Plural purposes. 22 L.R.A. (N.S.) 80. 
 
 Incidental private advantage. 22 L.R.A. 
 (N.S.) 81. 
 
 Private payment of compensation. 22 
 L.R.A.(N.S.) 82. 
 
 Constitutionality of statute authorizing the 
 taking of more property than is in- 
 tended to be used for the public pur- 
 pose. 46 L.R.A.(N.S.) 1196. 
 
 11. Generation of electricity. 
 
 For generation and diffusion of electric en- 
 ergy. 2 L.R.A. (N.S.) 842; 19 L.R.A. 
 (N.S.) 725; 22 L.R:A.(N.S.) 136. 
 
 } 12. Mining purposes. 
 
 For mining purposes. 22 L.R.A.(N.S.) 153. 
 For mining road. 1 L.R.A.(N.S.) 977; 22 
 L.R.A.(X.S.) 701. 
 
 KM I NEXT DOMAIN, II. d cont'd 
 For right of way for mining tunnel. 4 
 L.R.A.(N.S.) 106. 
 
 13. Roads. 
 
 Highways. 22 L.R.A. (N.S.) 
 
 99. 
 
 Begin irith this boolc on even/ fair question. 
 
 Turnpikes. 22 L.R.A. (N.S.) 101. 
 Byways. 22 L.R.A. (N.S.) 102. 
 Streets and alleys. 22 L.R.A. (N.S.) 111. 
 Compulsory use of private property in road 
 
 work. 42 L.R.A.(N.S.) 1045; L.R.A. 
 
 1918D, 974. 
 
 14. private road. 
 
 Private road. 16 L.R.A. 81. 
 
 For mining road. 1 L.R.A. (N.S.) 977; 22 
 
 L.R.A.(X.S.) 701. 
 Logging road or logging railroad. L.R.A. 
 
 1917A, 102. 
 
 15. Water power. 
 
 Taking of property for manufacturing pow- 
 er as a public purpose. 22 L.R.A. 
 (N.S.) 160. 
 
 Furnishing water power for municipal pur- 
 poses as a public purpose. 21 L.R.A. 
 (N.S.) 410. 
 
 Right of government to divert water from 
 nontidal stream for power purposes 
 without compensation to riparian own- 
 er. 37 L.R.A.(N.S.) 308. 
 
 Effect of offer to serve public on right to 
 resort to eminent domain in aid of at- 
 tempt to transmute water power into 
 electricity for sale. 6 L.R.A. (N.S.) 122. 
 
 Right to consider .value of property as a 
 part of a natural water power, in fixing 
 compensation in eminent domain. 3 
 L.R.A.(N.S.) 912. 
 
 16. Water supply. 
 
 Exercise of power of eminent domain for 
 water supply. 58 L.R.A. 241; 22 L.R.A. 
 (N.S.) 156. 
 
 Discretion as to necessity of exercise of pow- 
 er for purposes of water supply. 58 
 L.R.A. 249. 
 
 Furnishing water and water power to the 
 public for manufacturing purposes as a 
 public purpose justifying the exercise 
 of eminent domain. 21 L.R.A. (N.S.) 
 410. 
 
 17. Drains an.d sewers. 
 
 For drains and sewers. 60 L.R.A. 198; 22 
 
 L.R.A.(N.S.) 168. 
 Acquisition by municipality of right of way 
 
 for drain. 65 L.R.A. 273. 
 Drainage of private lands as public purpose 
 authorizing exercise of power of 
 eminent domain. 49 L.R.A. 781; 
 1 L.R.A.(N.S.) 208; 22 L.R.A. 
 (N.S.) 163. 
 
 Creation of easement of drainage by sever- 
 ance of tract of land with apparent 
 benefit existing. 26 L.R.A. (N.S.) 361. 
 Right to divert water from nontidal stream 
 for drainage purposes without compen- 
 sation to riparian owner. 37 L.R.A. 
 (N.S.) 311.
 
 INDEX TO L.R.A. NOTES. 
 
 465 
 
 EMINENT DOMAIN, II. d cont'd 
 Taking railroad lands for drainage district. 
 2 L.R.A. (N.S.) 227. 
 
 18. Irrigation. 
 
 Taking property for irrigation purposes. 1 
 L.R.A.(N.S.) 208 ; 22 L.R.A.(N.S.) 
 162; 33 L.R.A.(N.S.) 807. 
 
 19. L/evees. 
 
 Exercise of eminent domain to acquire 
 rights of way for levees. 58 L.R.A. 
 757. 
 
 20. Canals. 
 
 For canals. 22 L.R.A.(N.S.) 152. 
 What may be acquired for construction and 
 operation of canals. 61 L.R.A. 833. 
 
 21. Railroad purposes. 
 
 Right to take other railroad property for, 
 see supra, 8. 
 
 Relocation of railroad. 36 L.R.A. 510. 
 For logging railroad. 1 L.R.A. (N.S.) 969; 
 
 L.R.A.1917A, 102. 
 
 For appurtenances. 22 L.R.A.(N.S.) 122. 
 Location of route. 22 L.R.A. (N.S.) 123. 
 Quantity of land that may be taken. 22 
 
 L.R.A.(N.S.) 126. 
 Exercise of power of eminent domain by 
 
 depot and belt or terminal railway 
 
 companies. 10 L.R.A. (N.S.) 909. 
 Power of railroad to condemn property to 
 
 obtain construction material. 40 L.R.A. 
 
 (N.S.) 793. 
 
 22. spurs arid sidings. 
 
 For spur tracks and sidings. 22 L.R.A. 
 ( N.S. ) 129. 
 
 Power of railroad company to condemn right 
 of way for spur or siding to private 
 establishment. 20 L.R.A. 434; 22 
 L.R.A. (N.S.) 181; 35 L.R.A. (N.S.) 
 636. 
 
 Constitutionality of statute conferring pow- 
 er of eminent domain on private per- 
 son or corporation other than railroad 
 company for spur or lateral track. 35 
 L.R.A. (N.S.) 646. 
 
 Right of railroad to condemn right of way 
 over or across tracks of another com- 
 pany for a spur track to private es- 
 tablishments. 5 L.R.A. (N.S.) 512. 
 
 Delegation by legislature to railroad com- 
 mission of power as to building spur 
 tracks. 32 L.R.A. (N.S.) 654. 
 
 23. Miscellaneous purposes. 
 
 Street railways. 22 L.R.A.(N.S.) 134. 
 
 Bridges. 22 L.R.A. (N.S.) 135. 
 
 Toll bridge. 30 L.R.A. (N.S.) 360. 
 
 Ferries. 22 L.R.A. (N.S.) 135. 
 
 Wharves. 22 L.R.A. (N.S.) 135. 
 
 Pipe lines. 22 L.R.A. (N.S.) 136. 
 
 Mill dams. 22 L.R.A. (N.S.) 140. 
 
 Gristmill. 18 L.R.A. (N.S.) 356. 
 
 Booms and logging ways. 22 L.R.A. (N.S.) 
 
 151. 
 Fisheries. 22 L.R.A. (N.S.) 152; L.R.A. 
 
 1915E, 443. 
 
 Sewers. 22 L.R.A. (N.S.) 168. 
 Municipal purposes. 22 L.R.A. (N.S.) 168. 
 Common schools. 22 L.R.A. (N.S.) 169. 
 Consult also L.R.A. Digests of Cases. 
 
 EMINENT DOMAIN, II. d cont'd 
 
 Private schools. 48 L.R.A.(N.S.) 491. 
 
 Parks. 22 L.R.A. (N.S.) 170. 
 
 Cemeteries. 22 L.R.A. (N.S.) 171. 
 
 Purveying of water for govermental and do- 
 mestic consumption. 22 L.R.A. (N.S.) 
 156. 
 
 For improvement of navigability of stream. 
 67 L.R.A. 847; 22 L.R.A. (N.S.) 153. 
 
 Production of gold. 15 L.R.A.(N.S.) 616. 
 
 e. Rights and title acquired. 
 
 24. Generally. 
 
 Extent of title or rights taken for purposes 
 
 of canal. 61 L.R.A. 836, 838. 
 Extent of rights acquired for purposes of 
 
 water supply. 58 L.R.A. 248. 
 Effect of condemnation of husband's lands 
 
 upon wife's right of dower. 18 L.R.A. 
 
 79. 
 Does eminent domain proceeding secure 
 
 title "through or under" the former 
 
 owner. 9 L.R.A.(N.S.) 1092. 
 Judge of necessity as to extent of estate 
 
 to be taken. 22 L.R.A.(N.S.) 76. 
 
 25. For railroad purposes. 
 
 Validity of sale of land by railroad. 25 
 
 L.R.A. 139. 
 Condemnation or grant of land for railroad 
 
 right of way as carrying right to lateral 
 
 and subjacent support. 32 L.R.A. 
 
 (N.S.) 155. 
 Uses to which railroad right of way may 
 
 be devoted as against the owner of the 
 
 fee. 36 L.R.A.(N.S.) 512. 
 Right of railroad company to material or 
 mineral within right of way. 45 
 L.R.A.(N.S.) 796. 
 
 26. Taking subject to liens. 
 
 Estoppel, when property is taken, subject 
 to certain liens, to deny the validity of 
 the liens. 21 L.R.A.(N.S.) 72. 
 
 Effect of acquisition of title by eminent do- 
 main to cut off tax liens. 21 L.R.A. 
 (N.S.) 68. 
 
 III. Procedure. 
 
 27. Generally. 
 
 Limitation applicable to action to recover 
 compensation for property taken or 
 damaged. L.R.A.1918E, 139. 
 
 Procedure in condemning property for water 
 supply, generally. 58 L.R.A. 250. 
 
 Proceedings to condemn land for drain or 
 sewer. 60 L.R.A. 198. 
 
 Practice and remedies when property sub- 
 ject to lease. 21 L.R.A. 219, 222. 
 
 How power of eminent domain is exercised. 
 22 L.R.A. (N.S.) 17. 
 
 Fraud in proceedings for opening or extend- 
 ing highway as defense to proceedings 
 to acquire property for that purpose. 
 7 L.R.A.(N.S.) 639^ 
 
 Selection of property for condemnation. 22 
 L.R.A.(N.S.) 82. 
 
 When title passes in eminent domain pro- 
 ceedings. 16 L.R.A. (N.S.) 537. 
 
 30
 
 460 
 
 INDEX TO L.K.A. NOTES. 
 
 EMINENT DOMAIN, III. cont'd 
 28. Time for proceedings. 
 
 First and last days in computing time. 
 
 49 L.R.A. 238.' 
 Time allowed fur making claim for damages 
 
 from taking propei tv for water supply. 
 
 58 L.R.A. :>.->!. 
 Time within which power to condemn land 
 
 and water rights must be exercised. 58 
 
 L.R.A. 258. 
 
 29. Removal of proceedings. 
 
 Removal of condemnation proceedings be- 
 cause of separable controversy. 5 
 L.R.A.(N.S.) 75. 
 
 30. Discontinuance of proceedings. 
 
 Abandonment of proceedings for acquisition 
 of water supply. 58 L.R.A. 253. 
 
 Right of condemning party to dismiss con- 
 demnation proceedings after award or 
 verdict and before confirmation or judg- 
 ment. 28 L.R.A.(N.S.) 91. 
 
 Right to dismiss condemnation proceedings 
 after confirmation of award or 
 after judgment. L.R.A.1916C, G44. 
 
 What damage or loss is within provision 
 for payment of damages upon discon- 
 tinuance of proceedings in eminent do- 
 main. 52 L.R.A. (N.S.) 262. 
 
 31. Trial; award. 
 
 Appeal, see infra, 34. 
 
 Setting aside award, see infra, 35. 
 
 Interest which will disqualify one to serve 
 as commissioner or juror in emi- 
 nent domain proceedings. 47 
 L.R.A. (N.S.) 151. 
 Right to interest on award. L.R.A. 1916G 
 
 1109. 
 
 Distribution of award in condemnation of 
 land subject to an assessment for pub- 
 lic improvements. 45 L.R.A. (N.S.) 
 451. 
 
 Collusiveness of judgment or order in con- 
 demnation proceeedings as a settlement 
 of rival claims to the award. L.R.A. 
 1917A, 690. 
 
 32. Notice. 
 
 In proceedings to establish drains and sew- 
 ers. 60 L.R.A. 209. 
 
 In proceedings to acquire water supply. 
 58 L.R.A. 253. 
 
 Necessity of providing for notice of hearing 
 on question of damages or compensa- 
 tion. 4 L.R.A. (N.S.) 169. 
 
 33. to whom. 
 
 To occupant only. 16 L.R.A. 186. 
 
 To tenants and reversioners. 21 L.R.A. 
 
 222. 
 Right of mortgagee to notice. 18 L.R.A. 
 
 115. 
 Effect of failure to give mortgagee notice. 
 
 18 L.R.A. 117. 
 
 34. Appeal. 
 
 Provision for appeal to court in proceed- 
 ings to establish drains and sewers. 60 
 L.R.A. 224. 
 
 EMINENT DOMAIN, III. cont'd 
 
 Effect of appeal in condemnation proceed- 
 ings. 2 L.R.A. (N.S.) 313. 
 
 Accepting damages as waiver of right to 
 appeal. 29 L.R.A. (N.S.) 21. 
 
 Liability for costs on appeal from award 
 in condemnation proceedings. 36 
 L.R.A.(N.S.) 624. 
 
 35. New trial; setting aside award. 
 
 Power of court to set aside award for mis- 
 conduct of commissioners or jurors. 27 
 L.R.A.(N.S.) 567. 
 
 IV. Rights and remedies of owners and 
 others. 
 
 . a. In general. 
 
 36. Generally. 
 
 Rights on vacation of highway, see HIGH- 
 WAYS, 111. 
 
 Right of one whose property has been tak- 
 en for public use without condem- 
 nation proceedings, to maintain ac- 
 tion for compensation or for per- 
 manent damages. 28 L.R.A. (N.S.) 
 968. 
 
 Data necessary to warrant recovery for 
 consequential damages to real property. 
 3 L.R.A.(N.S.) 333. 
 
 37. Rights of tenants and reversion- 
 ers. 
 
 Generally. 21 L.R.A. 212. 
 
 Effect on liability for rent. 17 L.R.A. 276; 
 21 L.R.A. 213, 222. 
 
 Damages; application of. 21 L.R.A. 215. 
 
 Damages, right to and estimation of. 21 
 L.R.A. 217, 223. . 
 
 Rights of life tenants, reversioners, and re- 
 maindermen. 21 L.R.A. 219, 221. 
 
 Ground rents. 21 L.R.A. 221. 
 
 As affected by duration of tenancy. 21 
 L.R.A. 222. 
 
 Effect on the lease. 21 L.R.A. 222. 
 
 Rights of tenant receiving proper notice to 
 quit. 21 L.R.A. 222. 
 
 38. Rights of mortgagee. 
 
 As between mortgagor and mortgagee. 18 
 
 L.R.A. 113. 
 As between mortgagee and appropriator. 18 
 
 L.R.A. 114. 
 
 39. Payment of compensation. 
 
 Private payment of compensation. 
 L.R.A. (N.S.) 82. 
 
 22 
 
 Begin with thin book on even/ Inn- question. 
 
 40. What lands deemed to be part of 
 tract taken. 
 
 Different holdings. 57 L.R.A. 932. 
 
 Property in city. 57 L.R.A. 936. 
 
 Farm lands in a'contiguous body. 57 L.R.A. 
 944. 
 
 Farm lands separated by highways, rail- 
 roads, canals, or other property. 57 
 L.R.A. 945; 9 L.R.A. (N.S.) 426. 
 
 Lands in different counties. 57 L.R.A. 948.
 
 INDEX TO L.R.A. NOTES. 
 
 467 
 
 EMINENT DOMAIN, IV. a cont'd 
 
 b. What constitutes a taking of, or in- 
 jury to property. 
 
 EMINENT DOMAIN, IV. b cont'd 
 
 received no benefit from municipal 
 government as a taking without com- 
 pensation. 27 L.R.A. 741. 
 
 Assessment for public improvement by the 
 front-foot rule. L.R.A.1917D, 375. 
 
 41. Generally. 
 
 Right to compensation for property taken 
 
 or damaged, see infra, IV. c. 
 Additional burdens on property, see infra, 
 
 V. 
 
 What constitutes a "taking." 18 L.R.A. 
 
 166. 
 What is a "damaging." 36 L.R.A. (N.S.) 
 
 1194. 
 
 Distinction between taking or damaging 
 property and consequential injuries. 
 47 L.R.A.(N.S.) 462. 
 Taking or damaging property by discharg- 
 ing sewers into waters. 48 L.R.A. 
 698. 
 
 Compelling occupant or owner of property 
 bordering on public street to remove 
 snow and ice from sidewalks. L.R.A. 
 1918D, 1019. 
 
 Statute providing for removal of covenant 
 restrictions on use of land. L.R.A. 
 1918B, 61. 
 
 Temporary use of or interference with prop- 
 erty. L.R.A.1918E, 991. 
 Interference with view. L.R.A.1917C, 1135. 
 Laying pipe through land as a taking for 
 which compensation must be made. 
 24 L.R.A.(N.S.) 230. 
 
 Extension of city limits to include toll 
 road as taking of property for which 
 compensation must be made. 17 
 L.R.A. (N.S.) 1071. 
 
 Injury to riparian property by deflection of 
 water by structure erected under stat- 
 utory authority as a taking. 38 
 L.R.A.(N.S.) 1040. 
 
 Casting water upon opposite bank by rais- 
 ing hank of a stream, as a taking or 
 damaging of property within consti- 
 tutional provisions. 48 L.R.A. (N.S.) 
 094. 
 
 Right under constitutional provision 
 against "damaging" private property 
 for public use without compensation, 
 to compensation for consequential 
 damages to property, no part of which 
 is taken, from smoke, noise, dust, etc., 
 incident to ordinary operation of rail- 
 roads. 17 L.R.A. (N.S.) 1054; 40 
 L.RJL(N.S.) 48; L.R.A.1916E, 445. 
 Does a constitutional prohibition against 
 damaging property for public use with- 
 out compensation apply to work done 
 after the provision takea effect, under 
 ordinances passed before that time. 3 
 L.R.A. (N.S.) 404. 
 
 Requiring connection or joint use of prop- 
 erties of public service corporation as a 
 taking for which compensation must 
 be made: 50 L.R.A. (N.S.) 652; L.R.A. 
 1916E, 759; L.R.A.1917E, 1083. 
 
 42. Tax or assessment. 
 
 Taxing for municipal purposes lands which 
 Consult also L.R.A. Digests of Cases. 
 
 43. Removal of lateral or subjacent 
 support. 
 
 Liability of municipal corporation for re- 
 moval of lateral or subjacent support 
 of land. 68 L.R.A. 699. 
 
 Removal of lateral support as constituting 
 damage or injury within meanirig of 
 constitutional provision against tak- 
 ing, damaging or injuring property for 
 public use without compensation. 5 
 L.R.A.(N.S.) 1086; L.R.A.1917E, 576. 
 
 44. Matters as to highways. 
 
 What constitutes a "taking" of ease- 
 ment of light, air and access. 18 
 L.R.A. 166. 
 
 Cutting off access to a highway as a taking 
 or injury. 15 L.R.A. (N.S.) 49. 
 
 Compulsory use of private property in road 
 work. 42 L.R.A.(N.S.) 1045; L.R.A. 
 1918D, 974. 
 
 Liability of municipality for injury to 
 abutting property from bringing street 
 to the grade established in the first 
 instance. 7 L.R.A. (N.S.) 108. 
 
 Liability of municipal corporation for in- 
 jury to abutting property by changing 
 the grade of street. 36 L.R.A. (N.S.) 
 1194; L.R.A.1915A, 383. 
 
 Railroad in street as a taking of property. 
 36 L.R.A.(N.S.) 693. 
 
 c. Right to compensation. 
 1. In general. 
 
 45. Generally. 
 
 What constitutes a taking or damaging 
 which compensation must be made, see 
 supra, IV. b. 
 
 Additional burdens for which compensation 
 must be made, see infra, V. 
 
 Extent of recovery, see DAMAGES, 11, 
 82-93. 
 
 On vacation of highway, see HIGHWAYS, 
 HI. 
 
 Limitation applicable to action to recover 
 compensation for property taken or 
 damaged. L.R.A.1918E, 139. 
 
 Prepayment as a condition of acquisition 
 of a water supply. 58 L.R.A. 257. 
 
 Self-executing effect of constitutional pro- 
 vision that private property shall not 
 be taken or damaged for public use 
 without compensation. 16 L.R.A. 283. 
 
 Right to take private property for public- 
 use without compensation on the 
 theory that it has been abandoned. 39 
 L.R.A.(N.S.) 1029.
 
 468 
 
 INDEX TO L.R.A. NOTES. 
 
 EMINENT DOMAIN, IV. c, 1 cont'd 
 
 Are counties within constitutional provi- 
 sion requiring "municipal and other 
 corporations" to make just compen- 
 sation for property injured by public 
 work. 18 L.R.A.(N.S.') 884. 
 
 Claim for compensation for property taken 
 or damaged as within statute or or- 
 dinance requiring notice or presenta- 
 tion as a condition of municipal lia- 
 bility. 50 L.R.A.(N.S.) 181. 
 
 Right to compensation for property taken 
 
 or damaged in construction 
 levees. L.R.A.1916F, 1187. 
 
 of 
 
 2. Who entitled to. 
 
 46. Generally. 
 
 Who entitled to compensation in proceed- 
 ings to acquire water supply. 58 
 L.R.A. 256. 
 
 Right of tenant of property to compensa- 
 tion. 11 L.R.A. 839;* 21 L.R.A. 217. 
 
 Licensee's right to compensation. 21 L.R.A. 
 219. 
 
 Right to compensation of grantor in con- 
 veyance of determinable fee or estate 
 upon condition subsequent. 22 L.R.A. 
 (N.S.) 1063. 
 
 3. For what property or injury. 
 
 47. Generally. 
 
 Distinction between taking or damaging 
 property, and consequential injuries. 
 47 L.R.A. (N.S.) 462. 
 
 Compensation for right of redemption where 
 property is taken in condemnation pro- 
 ceedings. L.R.A.1917F, 801. 
 
 Property for which compensation must be 
 made to public utility company upon 
 taking its plant. 47 L.R.A. (N.S.) 770. 
 
 Right to compensation for interference with 
 switch connections or other shipping 
 facilities. 52 L.R.A.(N.S.) 192. 
 
 Injuries to abutter's easements of light, 
 air, and access by vacating street, 
 changing grade, etc. 14 L.R.A. 370. 
 
 Right of owner of easement of way to com- 
 
 npnao f i rr n T\/\V* 14- n * ? 
 
 pensation upon its conversion 
 public highway. 2 L.R.A.(N.S.) 
 
 into 
 
 .?. ,.,' ~ " \ >' >-> / 598. 
 Municipal liability for injury to abutting 
 property from changing street grade 
 under constitutional provision against 
 "damaging" private property for pub- 
 lic USP without compensation. 36 
 L.R.A,(N.S.) 1194; L.R.A.1915A, 383. 
 Ownerfe right to compensation for improve- 
 ments made by taker before condem- 
 nation without owner's consent 5 
 L.R.A. (N.S.) 922. 
 
 Right to allowance for improvements made 
 with knowledge that property 
 would be required for public use 
 36 L.R.A. (N.S.) 273. 
 
 Power to authorize construct ion of telegraph 
 or telephone line along railroad right 
 
 EMINENT DOMAIN, IV. c , 3 cont'd 
 48. For matters as to waters. 
 
 Right to acquire water supply without com- 
 pensation. 58 L.R.A. 240. 
 
 Government's right to divert water from 
 nontidal stream without compensation 
 to riparian owner. 37 L.R.A. (N.S.) 
 307. 
 
 Right to compensation for damages to oys- 
 ter beds by improvement of navigation. 
 34 L.R.A. (N.S.) 1084. 
 
 Right of riparian owner to compensation 
 for damages to his property by con- 
 struction, under legislative authority, 
 of dams or booms for floating or stor- 
 ing logs. 22 L.R.A. (N.S.) 641. 
 
 Right to compensation for appropriation of 
 land for drain or sewer. 60 L.R.A. 
 199. 
 
 Compensation for injury from establishment 
 of drains and sewers. 60 L.R.A. 223. 
 
 Right of action by owner of upland for in- 
 terference with access to navigable 
 waters. L.R.A.1918E, 738. 
 
 49. For railroads. 
 
 Right to compensation for railroad struc- 
 tures placed on land before condemna- 
 tion. 66 L.R.A. 44. 
 
 Right of property owner to compensation 
 for interference with light or air by 
 railroad structure on company's own 
 property. 20 L.R.A.(N.S.) 1061. 
 
 Right to obstruct or destroy wharf rights 
 in navigable waters for railroad 
 without compensation. 34 L.R.A. 
 (N.S.) 428. 
 
 Right to compensation for consequential 
 damages to property, no part of which 
 is taken, from smoke, noise, dust, etc., 
 incident to ordinary operation of rail- 
 road. 17 L.R.A.(N.S.) 1054; L.R.A. 
 1916F, 445. 
 
 Liability of railroad company in construct- 
 ing its roadway for removal of lateral 
 support to adjoining property. L.R.A. 
 1918D 714. 
 
 50. in street. 
 
 Abutter's right to compensation for rail- 
 road in street. 36 L.R.A. (N.S.) 673. 
 
 Liability of railroad company to abutting 
 owner for damages from change of 
 grade of highway necessary to carry 
 it across tracks. 26 L.R.A. (N.S.) 226; 
 L.R.A.1916D, 1078. 
 
 Right of landowner to damages for obstruc- 
 tion of street or highway by railroad 
 not adjacent to his property. 9 L.R.A. 
 (N.S.) 496; 46 L.R.A.(N.S.) 615. 
 
 Right of abutting owner to damages for 
 special injuries where street railway 
 is not considered an additional burden. 
 25 L.R.A. (N.S.) 1265. 
 
 51. For street railways. 
 
 of way, without compensation to rail- 
 road company. 29 L.R.A. (N.S.) 703. 
 Beffin with this ftoofc on every law question. 
 
 Injury to abutting owner by laying street 
 
 railway near 
 L.R.A. 554. 
 
 side of street. 43
 
 INDEX TO L.R.A. NOTES. 
 
 469 
 
 EMINENT DOMAIN, IV. c, 3 cont'd 
 Right of abutting owner to compensation 
 where street railway is located on the 
 side, rather than in the center, of the 
 street. 25 L.R.A. (N.S.) 1278. 
 Right of abutting owner to damages for 
 special injuries where street rail- 
 way is not considered an addition- 
 al burden. 25 L.R.A. (N.S.) 1265. 
 
 52. For laying out highway or elec- 
 tric road across railroad. 
 
 Necessity of making compensation on lay- 
 ing out street across railroad prop- 
 erty. 24 L.R.A.(N.S.) 1226. 
 Right of railroad company to compensation 
 for the crossing of its track, where it 
 intersects a street or highway, by an 
 electric road. 29 L.R.A. 485 ; 13 L.R.A. 
 (N.S.) 916; L.R.A.1915D, 843. 
 
 53. For obstruction or destruction 
 of wharf rights in navigable waters. 
 
 Right to obstruct or destroy wharf rights 
 in navigable waters for public pur- 
 poses, without compensation. 34 
 L.R.A. (N.S.) 423. 
 
 V. Additional burdens. 
 54. Generally. 
 
 What constitutes a taking of, or injury to 
 
 property, see supra, IV. b. 
 Right to compensation for property taken, 
 
 see supra, IV. c. 
 
 Railroads. 3 L.R.A. 175;* 8 L.R.A. 31;* 
 17 L.R.A. 474. 
 
 55. On highway. 
 
 As to rights of abutting owners on high- 
 ways, generally, see HIGHWAYS, 11- 
 14. 
 
 What use of a street or highway constitutes 
 an additional burden. 17 L.R.A. 
 474. 
 
 Gas-pipe line as. 17 L.R.A. 480; 7 
 L.R.A.(N.S.) 506. 
 
 56. electric poles and wires; tele- 
 graph and telephone line. 
 
 Electric railroad, see infra, 57. 
 
 Poles as an additional burden on highway. 
 24 L.R.A. 721. 
 
 Telegraph and telephone poles and wires in 
 street as additional burden on ease- 
 ment. 17 L.R.A. 480; 24 L.R.A. 721; 
 3 L.R.A. (N.S.) 323; 7 L.R.A. (N.S.) 
 87. 
 
 Electric power or light line in street or 
 highway as an additional burden. 36 
 
 L.R.A.('N.S.) 185; 52 L.R.A.(N.S.) 760. 
 
 57. railroads of various kinds. 
 
 Railroad in street as. 30 L.R.A. (N.S.) 
 
 698. 
 Street railway as. 17 L.R.A. 477 ; 36 L.R.A. 
 
 (N.S.) 709. 
 Interurban trolley road as. 4 L.R.A. (N.S.) 
 
 202; 40 L.R.A.(N.S.) 254. 
 Consult also L.R.A. Digests of Cases. 
 
 EMINENT DOMAIN, V. cont'd 
 
 Damages to abutting owner for right to 
 
 run interurban cars over the tracks of 
 
 a street railway company. 15 L.R.A. 
 
 (N.S.) 531. 
 Subway in public street for street railway 
 
 purpose as proper street use. L.R.A 
 
 1915F, 1005. 
 
 EMOTIONS. 
 
 Protection of personal rights relating to. 
 
 37 L.R.A. 784. 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A 721. 
 
 EMPLOYEES. 
 
 In general, see MASTER AND SERVANT. 
 
 Who are, within meaning of statute giving 
 preferences. 18 L.R.A. 305. 
 
 EMPLOYERS. 
 
 See MASTER AND SERVANT. 
 
 
 
 EMPLOYERS' INDEMNITY INSUR- 
 ANCE. 
 
 See INSURANCE, 212-217. 
 
 EMPLOYERS' LIABILITY. 
 
 Insurance against, see INSURANCE, 212- 
 217. 
 
 EMPLOYERS' LIABILITY ACT. 
 
 See MASTER AND SERVANT, 56, 57. 
 
 EMPLOYMENT. 
 
 Validity of contract of, see CONTRACTS, 
 
 79-81. 
 Contract of, generally, see MASTER AND 
 
 SERVANT, II. 
 Of school teacher, see SCHOOLS, 15. 
 
 Implied authority of claim agent to promise 
 employment to induce settlement of 
 claim. 38 L.R.A. (N.S.) 826. 
 
 EMPLOYMENT AGENCIES. 
 
 Constitutionality of statutes regulating, see 
 
 CONSTITUTIONAL LAW, 88. 
 License of, see LICENSE, 26.
 
 470 
 
 INDKX TO L.R.A. NOTES. 
 
 I \ VCTING CLAUSE. 
 
 Attai-k on enrolled bill passed without. 
 L.R.A.(N.S.) 30. 
 
 40 
 
 ENACTMENT. 
 
 Of ordinance, see MUNICIPAL CORPORATIONS, 
 
 21. 
 Of statutes, see STATUTES, 3-7. 
 
 ENCLOSURE. 
 
 Notice of title to land from. 
 (N.S.) 93. 
 
 13 L.R.A. 
 
 ENCROACHMENTS. 
 
 On highway, see HIGHWAYS, 13, 14, 19a, 
 
 33-39." 
 Awnings as, see AWNINGS. 
 
 Prescriptive right to maintain, 53 L.R.A. 
 897. 
 
 Projection of building or other structure 
 over a boundary as a continuing tres- 
 pass or nuisance. 32 L.R.A. (N.S.) 
 1010. 
 
 Easement created by severance of tract of 
 land. 26 L.R.A. (N.S.) 367; L.R.A. 
 1915C, 353. 
 
 Right of riparian owner to protect shore 
 from encroachment of water. 6 L.R.A. 
 (N.S.) 162. 
 
 Injunction against encroachment on ceme- 
 tery lands. 3 L.R.A. (N.S.) 482. 
 
 Ejectment for encroachments under surface 
 or overhead. 11 L.R.A.(N.S.) 917. 
 
 Mandatory injunction to compel removal 
 of structure which encroaches on ad- 
 joining property. 36 L.R.A. (N.S.) 402. 
 
 Effect of, on marketability of title. 38 
 L.R,A.(N.S.) 33. 
 
 Enjoining interference with highway fence 
 for purpose of removal ofi 7 L.R.A. 
 (N.S.) 62. 
 
 ENCUMBRANCE. 
 
 Covenant against, see COVENANTS, 8 10, 
 11, 28-30. 
 
 On insured property, see INSURANCE, 78, 
 88; LANDLORD AND TENANT, 20. 
 
 On homestead, see HOMESTEAD, 15. 
 
 Condition against, in policv, see INSURANCE 
 66-73. 
 
 Conveyance of property subject to, see 
 MORTGAGE. 40-46. 
 
 Railroad right of way as, see RAILROADS, 
 18. 
 
 Subrogation of person discharging, see SUB- 
 ROGATION, 2. 
 
 ENCUMBRANCE cont'd 
 
 Lease as, within statute requiring joinder 
 or consent of spouse. 39 L.R.A. (N>. 
 675. 
 
 When taxes become an encumbrance on land. 
 15 L.R.A. 236. 
 
 Parol evidence that property was sold "sub- 
 ject to." 20 L.R.A. 106. 
 
 Power of surviving partner to remove. 28 
 L.R.A. 134. 
 
 Right of devisee of encumbered property to 
 exoneration at expense of legatee. 3 
 L.R.A.(N.S.) 898. 
 
 Effect of defendant's mistake of fact as to, 
 on right to specific performance of con- 
 tract induced by the mistake. 15 
 L.R.A. (N.S.) 86. 
 
 Rights of life tenant who pays off, as 
 against remainderman. 29 L.R.A. ( N.S. ) 
 153. 
 
 Repudiating cotenancy as affecting right to 
 contribution of cotenant paying en- 
 cumbrance. L.R.AJ915B, 973. 
 
 What fund is chargeable with costs and 
 expenses of sale when encumbered prop- 
 erty is sold in bankruptcy free of liens. 
 29 L.R.A.(N.S.) 737. 
 
 Agreement by vendee to pay encumbrance 
 as promise to answer for debt of an- 
 other within statute of frauds. 15 
 L.R.A. (N.S.) 1087. 
 
 Right of one advancing money to pay off 
 encumbrance on security which proves 
 defective to be subrogated to such en- 
 cumbrance. 5 L.R.A. (N.S.) 838. 
 
 Validity of encumbrance by husband and 
 wife of property held by entireties to 
 secure individual debt of husband. 66 
 L.R.A. 637. 
 
 Merger of mortgage by conveyance from 
 mortgagor to mortgagee or revival 
 thereof after such conveyance where 
 there are intermediate encumbrances 
 on the property. 39 L.R.A. (N.S.) 834. 
 
 ENCYCLOPAEDIA. 
 
 Use of, as evidence. 40 L.R.A. 575. 
 
 Master's rights in respect to work of em- 
 ployee upon. 5 L.R.A. (N.S.) 1190. 
 
 Right of employer and employee with re- 
 spect to work done for. 1 B. R. C. 
 330. 
 
 Benin n-itli thin liooK on every law question. 
 
 ENDOWMENT POLICY. 
 
 As assets of insured on bankruptcy or in- 
 solvencv. 50 L.R.A. 44; 46 L.RA. 
 (N.S.) '148. 
 
 Right to subject, to claims of creditors. 
 4 L.R.A. (N.S.) 456. 
 
 Are endowment policies within statute ex- 
 empting life insurance policies. 25 
 L.R.A. (N.S.) 722. 
 
 Right of beneficiary as against insured or 
 his estate to proceeds of endowment in- 
 surance. 52 L.R.A. (N.S.) 689.
 
 INDEX TO L.R.A. NOTES. 
 
 471 
 
 ENEMY. 
 
 Alien enemy, see ALIEN ENEMIES. 
 
 Consul trading with enemy. 45 L.R.A. 588. 
 Validity of contract made for .purpose of 
 
 aiding and abetting. 12 L.R.A. (N.S.) 
 
 606. 
 
 ENFORCEMENT. 
 
 Of award of arbiters, see ARBITRATION, 5. 
 
 Of illegal contract, see CONTRACTS, 112- 
 120. 
 
 Of alimony, see DIVORCE AND SEPARATION, 
 43-45. 
 
 Of judgment, see JUDGMENT, 73, 81-86. 
 
 Of contract of employment, see MASTER AND 
 SERVANT, 9. 
 
 Of mechanics' lien, see MECHANICS' LIENS, 
 VIII. 
 
 Of mortgage, see MORTGAGE, VII. 
 
 Of ordinance, see MUNICIPAL CORPORATIONS, 
 51. 
 
 Of improvement assessment, see PUBLIC IM- 
 PROVEMENTS, IV. e. 
 
 Of tax, see TAXES, IV. 
 
 Of trust, see TRUSTS, 38, 39. 
 
 Of vendor's lien, see VENDOR AND PUR- 
 CHASER, 34. 
 
 Of payment of legacy, see WILLS, 106. 
 
 ENGINE. 
 
 Liability for fires set by threshing engine, 
 
 see FIRES, 7. 
 Frightening of horses by, see HORSES, 
 
 10. 
 
 Right to use water of stream for. 41 L.R.A. 
 741. 
 
 As fixture when placed on land by the own- 
 er of the realty.. 8 L.R.A. (N.S.) 376. 
 
 Use of engine on farm premises as viola- 
 tion of general provision in fire policy 
 against increase of risk or specific pro- 
 visions relating to engines. L.R.A. 
 1915D, 187. 
 
 Negligence as to spark arresters on. 1 
 L.R.A.(N.S.) 530. 
 
 Private action for violation of statutes re- 
 quiring spark arresters on. L.R.A. 
 1915E, 539. 
 
 Liability of master where servant invites or 
 permits children to ride on. L.R.A. 
 1915E, 888. 
 
 ENGINEER. 
 
 Certificate of, see CONTRACTS, 
 
 140-142. 
 
 Validitv of contract with unlicensed en- 
 gineer. 12 L.R.A. (N.S.) 617. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1086. 
 
 Waiver by, of stipulation in building con- 
 tract that alterations or extras must be 
 ordered in writing. 48 L.R.A. (N.S.) 
 582, 592, 594. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ENGINEER cont'd 
 
 Power of courts to enforce ministerial du- 
 ties of state engineer. 52 L.R.A. (N.S.) 
 443. 
 
 Liability of architect or engineer for negli- 
 gence in issuing certificates. 4 B. R. 
 C. 859. 
 
 ENGINEERING. 
 
 Treatment of expense of engineering in pub- 
 lic service property valuations. 48 
 
 L.R.A.(N.S.) 1040. 
 
 ENGINE HOUSE. 
 
 Right to use railroad right of way for 
 purpose of. 36 L.R.A. (N.S.) 516. 
 
 ENGLISH COURTS. 
 
 Jurisdiction of civil actions against co&- 
 suls. 45 L.R.A. 580. 
 
 ENGLISH LANGUAGE. 
 
 Master's duty as to instructing and warning 
 servant unable to understand English. 
 23 L.R.A.(N.S.) 296. 
 
 Master's liability as affected by fellow serv- 
 ant's inability to understand. 20 
 L.R.A.(N.S.) 39. 
 
 ENGLISH STATUTES. 
 See COMMON LAW. 
 
 * 
 
 ENGRAVINGS. 
 
 Right to use engraved plates without the 
 consent of the party who has paid for 
 making them. 50 L.R.A. 397. 
 
 ENGROSSED BILL. 
 
 Impeachment of enrolled bill by. 40 L.R.A. 
 (N.S.) 31. 
 
 ENHANCED PENALTY. 
 
 For habitual criminals or prior offenders, 
 see CRIMINAL LAW. 83.
 
 INDEX TO L.R.A. NOTES. 
 
 ENLARGED COPIES. 
 
 Of handwriting as evidence. 35 L.R.A. 813; 
 51 L.R.A.(N.S.) 857. 
 
 ENLISTMENT. 
 
 In Army or Navy, see ARMY AND NAVY. 
 
 EN MASSE. 
 
 Sale en masse on foreclosure, see MORT- 
 GAGE, 79. 
 
 ENROLLED BILL. 
 
 Conclusiveness of, see STATUTES, 12. 
 
 ENSILAGE CUTTER. 
 
 Recovery under Workmen's Compensation 
 Act for injury to employee operating. 
 L.R.A.1918F, 202. 
 
 ENTERTAINMENT. 
 
 In general, see AMUSEMENTS. 
 Innkeeper's duty as to, see INNKEEPERS, 
 12. 
 
 ENTICING. 
 
 Of servant, see MASTER AND SERVANT, 43. 
 
 Liability for enticing servant to quit em- 
 ployment, see CASE, 5. 
 
 Liability generally for enticing minor to 
 leave parent, see CASE, 6. 
 
 Remedy for enticing servant, see ELECTION 
 OF REMEDIES, 9. 
 
 Effect of defendant's mistake as to age 
 
 of girl enticed. 25 L.R.A. (N.S.) 661. 
 What amounts to enticing of minor child 
 
 from parent's custody. 48 L.R.A. 
 
 (N.S.) 1001. 
 Right of action for enticement of wife as 
 
 asset of bankrupt. 43 L.R.A.(N.S.) 
 
 941. 
 
 ENTIRETIES. 
 
 Tenancy in, see HUSBAND AND WIFE, 27. 
 
 ENTIRETY. 
 
 Of contract, see CONTRACTS, 62. 
 
 ENTITY. 
 
 Torts of partnership as. 51 L.R.A. 465. 
 
 ENTRANCES. 
 
 1. Generally. 
 
 Duty of storekeeper toward customer as to 
 
 condition of. 21 L.R.A. (N.S.) 463; 
 
 L.R.A.1915F, 572. 
 Duty as to entrances to building located 
 
 on street with ascending grade. 22 
 
 L.R.A.(N.S.) 730. 
 
 2. Of leased premises. 
 
 Landlord's liability to third persons as to 
 condition of. 26 L.R.A. 202. 
 
 Landlord's liability as to condition of com- 
 mon entrance. 23 L.R.A. 155. 
 
 Right of tenant to have entrances kept 
 open. 4 L.R.A. (N.S.) 565; 30 L.R.A. 
 (N.S.) 926. 
 
 ENTRY. 
 
 Right of, on condition broken, see CON- 
 DITIONS, 12. 
 
 In books of account as evidence, see EVI- 
 DENCE, 139-144. 
 
 Admissibility in evidence of entries in 
 family Bible, see EVIDENCE, 145. 
 
 Of judgment, see JUDGMENT, 14-18. 
 
 By mortgagee, see MORTGAGE, 31. 
 
 Of public lands, see PUBLIC LANDS, III. 
 
 Writ of, see WRIT" OF ENTRY. 
 
 In bank book as contract. 24 L.R.A. 737. 
 
 May entry on land which would otherwise 
 constitute a trespass be justified by 
 private necessity. 20 L.R.A. (N.S.) 152. 
 
 Necessity of entry as a condition of main- 
 taining an action, other than for dam- 
 ages, based on breach of condition sub- 
 sequent in a conveyance of freehold. 
 14 L.R.A. (N.S.) 1188; 23 L.R.A. (N.S.) 
 938; L.R.A.1917C, 882. 
 
 ENTRYMAN. 
 
 See PUBLIC LANDS. 
 
 *-- 
 
 EN VENTRE SA MERE. 
 
 Infant in, as grantee in deed. 44 L.R.A. 
 
 489. 
 Premature injury to infant as ground of 
 
 action. 45 L.R.A. (N.S.) 625. 
 May a child en ventre sa mere be considered 
 
 as in being for purpose of rule against 
 
 perpetuities. 4 B. R. C. 492. 
 
 with this boofc on every law question. 
 
 EPIDEMICS. 
 
 See CONTAGIOUS DISEASES; HEALTH.
 
 INDEX TO L.R.A. NOTES. 
 
 473 
 
 EPILEPSY. 
 
 As affecting testamentary capacity. 27 
 L.R.A.('N.S.) SO; L.R.A.1915A, 451. 
 
 EPITHET. 
 
 See LIBEL AND SLANDER. 
 
 EQUAL ACCOMMODATIONS. 
 
 Right to. 14 L.R.A. 579. 
 
 EQUALITY. 
 
 Of proiection and privileges, see CONSTITU- 
 
 TIONAL LAW, IX. b. 
 
 In license fee, see LICENSE, 46, 46a. 
 In taxation, see TAXES, 8-12, 39, 93, 94. 
 
 Of judgment liens on after-acquired prop- 
 erty. 42 L.R.A. 210. 
 
 EQUALIZATION. 
 
 Board of, see TAXES, 59b. 
 
 Of assessment for drains and sewers. 60 
 L.R.A. 234. 
 
 EQUAL PROTECTION. 
 
 See CONSTITUTIONAL LAW, IX. b. 
 
 4 
 
 EQUIPMENT. 
 
 State regulation of equipment of railroad 
 rolling stock as interference with in- 
 terstate commerce. 32 L.R.A. (N.S.) 
 20. 
 
 EQUITABLE ASSIGNMENT. 
 
 See ASSIGNMENT, 8. 
 
 EQUITABLE CONVERSION. 
 
 By will, see WILLS, 116-118. 
 
 As affecting descent of ancestral estates. 
 L.R.A.1916C, 910. 
 
 As applied to land contract. 57 L.R.A. 
 643. 
 
 Devolution of vendee's interest under con- 
 tract for purchase of real property. 42 
 L.R.A. (N.S.) 446. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EQUITABLE CONVERSION cont'd 
 
 Devolution of interests of respective parties 
 to option for purchase of real estate. 
 L.R.A.1917D, 719. 
 
 Effect of agreement converting real estate 
 into personalty, upon widow's right to 
 dower. 27 L.R.A. 347. 
 
 As affecting descent to kindred of the half 
 blood. 29 L.R.A. 567. 
 
 As against persons not in being. 8 L.R.A. 
 (N.S.) 72. 
 
 Of partnership realty. 27 L.R.A. 473; 37 
 L.R.A. (N.S.) 900. 
 
 Taxes on succession as affecting real estate 
 in other states, under doctrine of. 1 
 L.R.A.(N.S.) 400; 19 L.R.A. (N.S.) 
 290. 
 
 Effect of purchase of real property at ju- 
 dicial sale to work an equitable con- 
 version of a corresponding part of the 
 purchaser's personal estate into realtv. 
 16 L.R.A. (N.S.) 859. 
 
 Allowing period for conversion of property 
 as violation of rule against perpetui- 
 ties or suspension of power of aliena- 
 tion. 26 L.R.A.(N.S.) 724. 
 
 Surplus realized upon foreclosure sale of 
 real estate after mortgagor's death as 
 real or personal property. 19 L.R.A. 
 (N.S.) 723. 
 
 Reconversion into real property after equit- 
 able conversion into personalty by con- 
 tract for sale of land. 57 L.R.A. 652. 
 
 EQUITABLE DEFENSES. 
 
 Proof of, under general denial or a plea 
 of the general issue in action of eject- 
 ment. L.R.A.1918F, 255. 
 
 EQUITABLE ESTOPPEL. 
 
 See ESTOPPEL, III. 
 
 EQUITABLE LIEN. 
 
 See LIENS, 5-7. 
 
 + 
 
 EQUITABLE LIMITATIONS. 
 
 See LIMITATION OF ACTIONS, 6-12. 
 
 EQUITABLE MORTGAGE. 
 
 See MORTGAGE, 7, 14. 
 
 EQUITABLE REMEDY. 
 
 In aid of execution, see EXECUTION, 17. 
 
 EQUITABLE SET-OFF. 
 
 See SET-OFF AND COUNTERCLAIM, 10-12.
 
 474 
 
 INDEX TO L.R.A. NOTES. 
 
 EQUITABLE TITLE. 
 
 Sufficiency of, to sustain action for trespass. 
 47 L.R.A. 637. 
 
 Sufficiency of, to sustain action for injury 
 to real property. 30 L.R.A.(N.S.) 231. 
 
 Owner of equitable title as sole and uncon- 
 ditional owner of insured property, the 
 legal title of which is in another. 
 L.R.A.1918E, 375. 
 
 EQUITY. 
 
 I. Jurisdiction and poivers, 
 II. Rules; principles; maxims, 
 III. Practice, 23, 24. 
 
 1-21. 
 22. 
 
 Particular kinds of actions in equity, see 
 ACCOUNTING: CREDITORS' BILL; IN- 
 JUNCTION; MORTGAGE, VII; SPECIFIC 
 
 I'KIJrORMANCE. 
 
 Effect and conclusiveness of decree in, see 
 JUDGMENTS, 22. 
 
 Equitable assignment, see ASSIGNMENTS, 
 8. 
 
 Equitable conversion, see EQUITABLE CON- 
 VERSION; WILLS, 116-118. 
 
 Equitable estoppel, see ESTOPPEL, III. 
 
 Equitable lien, see LIENS, 5-7. 
 
 Equitable limitations, see Limitation of 
 Actions, 6-12. 
 
 Equitable mortgage, see MORTGAGE, 14. 
 
 Equitable remedy in aid of execution, see 
 EXECUTION, 17. 
 
 Equitable set off, see SET-OFF AND COUNTER- 
 CLAIM, 10-12. 
 
 Application to suits in equity of statute or 
 ordinance requiring notice or presen- 
 tation of claim as a condition of mu- 
 nicipal liability. 50 L.R.A.(N.S.) 186. 
 
 /. Jurisdiction and powers. 
 
 1. Generally. 
 
 Jurisdiction in particular cases, see CAN- 
 
 CELATION OF INSTRUMENTS; CHARI- 
 TIES; CLOUD ON TITLE, 2, 3; CRED- 
 ITOR'S BILL; DISCOVERY AND INSPEC- 
 TION; FRAUD AND DECEIT, 36-41; 
 INJUNCTION; JUDGMENT, 87-97; 
 MORTGAGE, VIII.; RECEIVERS; SPECIFIC 
 PERFORMANCE. 
 
 Jurisdiction of courts, generally, see 
 COURTS. 
 
 Jurisdiction as affected by amount in dis- 
 pute, see COURTS, 27. 
 
 Jurisdiction of equity as affected by terri- 
 torial limitations, see COURTS, IV. 
 
 Jurisdiction of equity over suits affecting 
 real property in another state or coun- 
 try, see COURTS, 21. 
 
 Jurisdiction of bill to perpetuate testimony, 
 see DEPOSITION, 2. 
 
 Jurisdiction of, to set aside judgment, see 
 JUDGMENT, VIII. 
 
 Remedy in equity for wrongful issuance of 
 license for sale of intoxicating liquor. 
 L.R.A.1915E, 408. 
 
 \\ rit of error coram nobis in chancery pro- 
 ceedings. L.R.A.1918A, 1178. 
 
 Begin irith this 7>oofc on every law question. 
 
 I EQUITY, I. cont'd 
 
 i 2. Federal jurisdiction. 
 
 Federal jurisdiction in equity, see COURTS, 
 38. 
 
 3. Remedy at law. 
 
 In action to remove cloud on title, see 
 
 CLOUD ON TITLE, 3. 
 Injunction in case of, see INJUNCTION, 3. 
 
 Jurisdiction of equity to cancel instrument 
 notwithstanding remedy at law. 5 
 L.R.A. (N.S.) 1048. 
 
 Effect of legal remedy to defeat equitable 
 remedv to follow trust funds. 6 L.R.A. 
 (N.S.) 793. 
 
 Effect of adequate remedy at law in relief 
 from mistake of law as to effect of 
 instrument. 28 L.R.A. (N.S.) 912. 
 
 Effect of remedy at law on equitable juris- 
 diction to remove cloud on title. 12 
 L.R.A. (N.S.) 55. 
 
 Jurisdiction of equity to try claims against 
 its receiver which involve purely legal 
 questions. 13 L.R.A. (N.S.) 709. 
 
 Relief of grantor in conveyance in considera- 
 tion of agreement to support, which 
 is broken by grantee, as affected 
 by remedy at law. 43 L.R.A. 
 (N.S.) 923. 
 
 Right to have void judgment reviewed by 
 appellate court as affecting right to 
 equitable relief. 50 L.R.A. (N.S.) 1055. 
 
 Effect of remedy at law on jurisdiction of 
 action for specific performance of con- 
 tract for sale of corporate stock. 
 L.R.A. 1915D, 300. 
 
 Equitable relief from divorce where remedy 
 at law exists, L.R.A.1917B, 422. 
 
 4. Multiplicity of suits. 
 
 Injunction to prevent, see INJUNCTION, 4. 
 
 Jurisdiction of equity, on the ground of pre- 
 venting a multiplicity of suits, to en- 
 force liability of members of a club or 
 corporation." 28 L.R.A. (N.S.) 743. 
 
 Jurisdiction of equity, upon the ground of 
 avoidance of multiplicity of suits, to 
 entertain suit for possession of separ- 
 ate parcels of land held adversely by 
 different defendants claiming under a 
 common source. 14 L.R.A. (N.S.) 239. 
 
 Power of equity to take jurisdiction because 
 of multiplicity of actions at law for 
 personal injuries growing out of a sin- 
 gle tort. 20 L.R.A. (N.S.) 848; 35 
 L.R.A. (N.S.) 491; 40 L.R.A. (N.S.) 464. 
 
 Multiplicity of suits as ground for equitable 
 relief to grantor in conveyance in con- 
 sideration of agreement to support, 
 which is broken by the grantee. 43 
 L.R.A.(N.S.) 924. 
 
 5. Protection of personal rights. 
 
 The general rule. 37 L.R.A. 783. 
 
 Rights relating to physical life. 37 L.R.A. 
 784. 
 
 Rights relating to the intellectual, emotion- 
 al, and moral life. 37 L.R.A. 784. 
 
 Injunction against nonlibelous publication 
 affecting personal or political rights. 
 L.R.A.1917A, 163.
 
 INDEX TO L.R.A. .NOTES. 
 
 475 
 
 EQUITY, I. cont'd 
 6. Mistake as ground of equitable 
 relief. 
 
 Mistake as ground for relief from contract 
 
 generally, see CONTBACTS, 147, 148. 
 As to mistake generally, see MISTAKE. 
 
 Mistake as to law of another state or coun- 
 try as one of law or of fact. 46 L.R.A. 
 (N.S.) 174. 
 
 Equitable relief against forfeiture of estate 
 due to. 69 L.R.A. 849. 
 
 Mistake in computation by contractor as 
 ground for relief. 10 L.R.A. (N.S.) 
 114; L.R.A.1917D, 745. 
 
 Relief from mistake of law as to effect of 
 instrument. 28 L.R.A. (N.S.) 785. 
 
 7. In case of fraud. 
 
 To cancel instrument on ground of fraud, 
 see infra, 15a. 
 
 Denial of remedy under fraudulent con- 
 tract, see CONTEACTS, 112-120. 
 
 Equitable relief against forfeiture of estate 
 due to fraud. 69 L.R.A. 849. 
 
 Jurisdiction of equity to relieve from fraud 
 affecting real property in another state 
 or country. 69 L.R.A. 686. 
 
 Relief in equity against bona fide holder of 
 note obtained by fraud. 36 L.R.A. 
 465. 
 
 Enforcing rights in land as affected by 
 statute of frauds. 5 L.R.A. (N.S.) 112. 
 
 As ground for enforcement in equity of 
 grantee's oral promise to grantor to 
 hold in trust. 39 L.R.A. (N.S.) 911, 
 923. 
 
 Jurisdiction of equity over suits by cor- 
 poration or its representative to hold 
 directors or officers liable for losses 
 occasioned by their fraud. 8 L.R.A. 
 (N.S.) 738. 
 
 Equity jurisdiction of suit by trustee in 
 bankruptcy to recover a sum of money 
 from one who has received a fraudulent 
 transfer or unlawful preference. 16 
 L.R.A.(N.S V ) 414. 
 
 Right to affirmative relief in equity from 
 contract upon the ground that it was 
 procured from complainant while in- 
 toxicated. 17 L.R.A.(N.S.) 1066. 
 
 Jurisdiction of equity over suits by a cor- 
 poration or its representative to hold 
 the directors or officers liable for the 
 losses occasioned by their fraud, bad 
 faith, or negligence. 8 L.R.A. (N.S. ) 
 739. 
 
 Ignorance or carelessness as affecting the 
 right to equitable relief from a con- 
 tract by which one had been over- 
 reached. 5 L.R.A.(N.S.) 799. 
 
 Equitable relief on ground of fraud to 
 grantor in conveyance in consider- 
 ation of agreement to support, 
 which is broken by the grantee. 
 43 L.R.A.(N.S.) 924; L.R.A.1917D, 
 627. 
 
 Inherent jurisdiction of equity at instance 
 of stockholders to appoint receiver or 
 wind up corporation because of fraud 
 of its officers. L.R.A. 1915A, 606. 
 
 Consult also L.R.A. Digests of Cases. 
 
 | EQUITY, I. cont'd 
 8. Duress. 
 
 Relief in equity against contract procured 
 by threat to prosecute relative. 26 
 L.R.A. 52; 20 L.R.A. (N.S.) 489; L.R.A. 
 1915D, 1118. 
 
 9. Trusts. 
 
 Origin and nature of chancery jurisdiction 
 over charities. 14 L.R.A. (N.S.) 55; 37 
 L.R.A.(N.S.) 994. 
 
 Equitable control of discretion vested in 
 trustee. 8 L.R.A. (N.S.) 398. 
 
 Effect of legal remedy to defeat equitable 
 jurisdiction to follow trust funds. 6 
 L.R.A.(N.S.) 793. 
 
 Jurisdiction of court of equity to award 
 compensatory damages for breach of 
 trust. 14 L.R.A.(N.S.) 900. 
 
 Grounds upon which equity will enforce 
 grantee's oral promise to grantor to 
 hold in trust. 39 L.R.A. (N.S.) 910. 
 
 Power of court to hasten enjoyment of 
 trust fund. 46 L.R.A. (N.S.) 43. 
 
 Trust doctrine as ground for equitable re- 
 lief to grantor in conveyance in con- 
 sideration of agreement to support, 
 which is broken by grantee. 43 L.R.A. 
 (N.S.) 926; L.R.A.1917D, 627. 
 
 Suit in equity to avoid sale by executor or 
 administrator to himself. L.R.A. 
 1918B, 35. 
 
 10. Foreclosure suits. 
 
 Foreclosure of mortgage upon land in an- 
 other state. 4 L.R.A.(N.S.) 986. 
 
 Jurisdiction to order foreclosure sale of 
 railroad in different states. 32 L.R.A. 
 208; 69 L.R.A. 682. 
 
 Power of equity in jurisdiction where mort- 
 gage does not convey the title, to im- 
 pound rents and profits of mortgaged 
 property pending foreclosure. 7 L.R.A. 
 (N.S.) 1001. 
 
 11. Insurance matters. 
 
 Jurisdiction of equity to enforce liability 
 of members of mutual insurance com- 
 pany. 40 L.R.A.(N.S.) 781. 
 
 Jurisdiction to adjust losses between con- 
 current insurance polices on same prop- 
 erty. 32 L.R.A.(N.S.) 941. 
 
 Right to maintain single suit in equity to 
 enforce separate liability of members 
 of an insolvent insurance association. 
 33 L.R.A.(N.S.) 1057. 
 
 lla. Matters as to elections. 
 
 Interference by equity with matters pre- 
 ceding election. 3 L.R.A.(N.S.) 
 382; 40 L.R.A. (N.S.) 576. 
 
 12. Divorce cases; annulment; ali- 
 mony. 
 
 Inherent power of equity to decree alimony 
 or maintenance independently of pro- 
 ceedings for divorce. 38 L.R.A. (N.S.) 
 954.
 
 476 
 
 INDEX TO L.R.A. NOTES. 
 
 EQUITY, I. cont'd 
 
 .lui isdiction of equity to award custody of 
 children after prayer for divorce has 
 ln-1'ii withdrawn 'or dismissed. 35 
 L.R.A.(N.S.) 1159; L.R.A. 1917D, 976. 
 
 To decree nullity of marriage or its disso- 
 lution. 25 L.R.A. 800. 
 
 Equitable jurisdiction to enforce a foreign 
 decree for alimony. 9 L.R.A.(N.S. ) 
 1071. 
 
 KOTTTY, I. cont'd 
 
 Equity jurisdiction to cancel oil or gas 
 lease for fraud of lessee in refusing to 
 protect against adjoining wells. 34 
 L.R.A.(N.S.) 40. 
 
 16. Reformation of instruments. 
 
 Reformation of instruments generally, see 
 REFORMATION OF INSTRUMENTS. 
 
 17. Actions by or against heirs. 
 13. In case of wills. Remedy in, against heirs for obligations of 
 
 Right of court to control discretion vested anterior. 21 L.R.A. 91; L.R.A.1916A, 
 
 by will in one person to determine 
 whether or when another is fit to re- 
 ceive legacy or devise. 25 L.R.A. (N.S.) 
 421. 
 
 Will court determine whether condition in 
 devise or bequest as to good conduct 
 or character of beneficiary has been 
 satisfied where that duty has been im- 
 posed on no one else. 25 L.R.A. (N.S.) 
 424. 
 
 Equity jurisdiction of bills for the con- 
 struction of wills of real property 
 passing only legal estates. 15 L.R.A. 
 (N.S.) 599. 
 
 g 14. Conspiracy. 
 
 Right of party to a conspiracy to the aid 
 of equity to compel a corporation to 
 transfer on its books stock required in 
 
 aid of such 
 (N.S.) 108. 
 
 conspiracy. 24 L.R.A. 
 
 15. Cancelation of instruments. 
 
 Cancelation of instruments generally, see 
 CANCELATION OF INSTRUMENTS, 
 
 Cancelation of contracts, see CONTRACTS, 
 149-156. 
 
 Jurisdiction of equity, notwithstanding 
 remedy at law. 5 L.R.A. (N.S.) 1048. 
 
 Jurisdiction of equity of suit to cancel void 
 mortgage on realty in other state or 
 country. 69 L.R.A. 682. 
 
 Right to cancelation of contract made with 
 foreign corporation because it has not 
 complied with the laws entitling it to 
 do business within the state. 21 L.R.A. 
 (N.S.) 707. 
 
 Equity jurisdiction to cancel oil or gas 
 lease for failure to develop the 
 leased premises. 34 L.R.A. (N.S.) 
 34. 
 
 Jurisdiction to cancel license for sale of in- 
 toxicating liquor wrongfully issued. 
 L.R.A.1915E, 408. 
 
 15a. for fraud. 
 
 Jurisdiction of equity to cancel instrument 
 on ground of. 5 L.R.A. (N.S.) 1036. 
 
 Jurisdiction of equity to cancel instrument 
 notwithstanding remedy at law. 5 
 L.R.A. (N.S.) 1048. 
 
 Power of equity to cancel false record. 14 
 L.R.A.(N.S.) 304. 
 
 Power of equity to take jurisdiction of suit 
 to cancel insurance policy for fraud, 
 and to enjoin action at law on the 
 policy. 12L.R.A.(N.S.) 881; 48 L.R.A. 
 (N.S.) 265. 
 
 irif/i this Intnl.- on every law question. 
 
 Remedy of pretermitted heirs bv proceed- 
 ings in equity. 37 L.R.A. (rf.S.) 1146. 
 
 18. Equitable relief against forfei- 
 ture of estate. 
 
 General rules. 69 L.R.A. 833. 
 Conditions precedent. 69 L.R.A. 836. 
 Forfeiture will be relieved when compensa- 
 tion can be made. 69 L.R.A. 839. 
 Fraud, accident, mistake. 69 L.R.A. 849. 
 Effect of conduct of obligee. 69 L.R.A. 
 
 851. 
 
 Collateral covenants. 69 L.R.A. 853. 
 Conditions against marriage. 69 L.R.A. 
 
 858. 
 
 After forfeiture declared. 69 L.R.A. 865. 
 Statutory forfeiture. 69 L.R.A. 866. 
 Statutory jurisdiction. 69 L.R.A. 866. 
 
 19. Over corporations. 
 
 Equitable relief against corporation for un- 
 authorized transfer of stock on its 
 books. 45 L.R.A. (N.S.) 1080. 
 
 Jurisdiction to enforce liability or unpaid 
 subscriptions to stock of a corporation. 
 46 L.R.A. (N.S.) 440. 
 
 Jurisdiction of equity on ground of pre- 
 venting multiplicity of suits to enforce 
 liability of stockholders. 28 L.R.A. 
 (N.S.) 743. 
 
 Inherent jurisdiction of equity independe-t- 
 ly of statute at the instance of stock- 
 holders to appoint a receiver or wind 
 up a corporation because of mismanage- 
 ment or fraud of its officers. L.R.A. 
 1915A, 600. 
 
 Right of creditor, who is also a stockholder 
 of an insolvent corporation, to invoke 
 aid of equity as affected by his own 
 statutory liability. 41 L.R.A. (N.S.) 
 986. 
 
 Suit in equity by creditors of corporation 
 for negligence or other breach of duty 
 owed primarily to the corporation. 45 
 L.R.A. (N.S.) 422. 
 
 Power to appoint receiver for foreign cor- 
 poration for which no domiciliary re- 
 ceiver has been appointed. L.R.A. 
 1917D, 295. 
 
 20. Fixing public service rates. 
 
 Power of equity courts to fix rate to be 
 charged by public service corporation. 
 8 L.R.A. (N.S.) 529. 
 
 Power of equity to regulate charges of pub- 
 lic warehousemen. 24 L.R.A. (N.S.) 
 399.
 
 INDEX TO L.R.A. NOTES. 
 
 477 
 
 EQUITY, I. cont'd 
 
 21. Miscellaneous matters. 
 
 Questioning validity of attachment by bill 
 in equity. 35 L.R.A. 771. 
 
 To protect rights of ferryman. 59 L.R.A. 
 552; L.R.A. 1916D, 835. 
 
 Power of court of equity to permit per- 
 sonal representative, testamentary 
 trustee, or guardian to carry on busi- 
 ness in behalf of estate. 40 L.R.A. 
 (N.S.) 210. 
 
 Jurisdiction of equity when the only relief 
 sought is an injunction or receiver 
 to preserve status quo, pending 
 action or proceedings before other 
 tribunal. 38 L.R.A. (N.S.) 228 
 
 Right of creditor of taxing district to IB 
 voke aid of court to obtain satisfac- 
 tion of debt where ordinary remedies 
 not available. 32 L.R.A. (N.S.) 1020. 
 
 Equitable remedies available to one whose 
 property has been taken for public 
 use without his consent and without 
 condemnation proceedings. 28 L.R.A. 
 (N.S.) 973. 
 
 Remedy by proceedings in equity, where 
 debts have been assumed on dissolu- 
 tion of partnership. 9 L.R.A. (N.S.) 
 115. 
 
 Remedies of master against servant in re- 
 spect of products of servant's labor. 
 5 L.R.A.(N.S.) 1172. 
 
 Inherent power to devest estates of persons 
 . not in being. 8 L.R.A.(N.S.) 61. 
 
 Equitable remedy to subject choses in ac- 
 tion to judgment after return of no 
 property found. 63 L.R.A. 673; 15 
 L.R.A. (N.S.) 976. 
 
 Equitable relief where form of execution of 
 instrument by attorney in fact or 
 agent is defective. 41 L.R.A. (N.S.) 
 826. 
 
 Equitable remedy of creditors where sale 
 is made in violation of bulk sales law. 
 39 L.R.A.(N.S.) 374; L.R.A.1916B, 976. 
 
 Equitable cognizance of accounts as compli- 
 cated. 39 L.R.A. (N.S.) 49. 
 
 Jurisdiction of courts of equity to entertain 
 bill to perpetuate testimony. 25 L.R.A. 
 (N.S.) 673. 
 
 Arbitration agreements in courts of equity. 
 47 L.R.A.(N.S.) 364. 
 
 Equity jurisdiction of suit against tax col- 
 lector who is in default. 43 L.R.A. 
 (N.S.) 604. 
 
 Equitable relief to grantor in conveyance 
 in consideration of agreement to sup- 
 port, which is broken by grantee, when 
 no ground is stated. 43 L.R.A. (N.S.) 
 927; L.R.A.1917D, 627. 
 
 Power of, to relieve member of labor union 
 from unlawful fine or suspension. 45 
 L.R.A.(N.S.) 353. 
 
 Jurisdiction, as between equity and law 
 courts, of suits or actions on lost ne- 
 gotiable instruments. 48 L.R.A. (N.S.) 
 648. 
 
 //. Rules; pi'incipleft: maxims. 
 
 22. Generally. 
 
 Refusal to enforce illegal or immoral con- 
 tract, see CONTRACTS, 112-120. 
 Consult also L.R.A. Digests of Cases. 
 
 EQUITY, II. cont'd 
 Equitable iiens, see LIENS, 5-7. 
 As to equitable set-off, see SET-OFF AND 
 COUNTERCLAIM, 10-12. 
 
 Suspension of operation of Statute of Limi- 
 tations as incident to grant or denial 
 of equitable relief. L.R.A.1918C, 123. 
 
 Ignorance or carelessness as affecting right 
 to equitable relief from contract by 
 which one has been overreached. 5 
 L.R.A.(N.S.) 799. 
 
 Right of party to antenuptial marriage 
 settlement who is in default to enforce 
 covenants of other party. 26 L.R.A. 
 (N.S.) 858. 
 
 Relief from divorce decree where seeker of 
 relief has been at fault or negligent. 
 L.R.A.1917B, 424. 
 
 Whether equitable title will support eject- 
 ment. 18 L.R.A. 781. 
 
 Conclusiveness of probate in action in 
 equity. 21 L.R.A. 686. 
 
 Equitable defense as ground for injunction 
 against judgment against surety. 31 
 L.R.A. 64. 
 
 Maxim that one must come into equity with 
 clean hands as affecting one who 
 has violated or induced another to 
 violate an invalid or unenforceable 
 contract. L.R.A.1915A, 820. 
 
 Reimbursement of taxes paid by purchaser 
 as condition of equitable relief against 
 invalid tax title. L.R.A.1915C, 492. 
 
 ///. Practice. 
 
 23. Generally. 
 
 As to conditions precedent to equitable rem- 
 edy of creditors, see CREDITORS' BILL, 
 2. 
 
 Right to jury trial in equity case, see JURY, 
 
 6. 
 
 Exclusiveness of particular statutory meth- 
 od for revival of action in. 33 L.R.A. 
 (N.S.) 578. 
 
 Right of insane person to institute pro- 
 ceedings by next friend in. 64 L.R.A. 
 530. 
 
 Right to plead inconsistent defenses in. 48 
 L.R.A. 177. 
 
 May original petition in equity which 
 states no cause of action be aided by 
 supplemental pleading. L.R.A. 1816D, 
 679. 
 
 Joinder of successive owners of property in 
 suit in equity for nuisance maintained 
 thereon. 46 L.R.A. (N.S.) 1188. 
 
 Joinder of parties in suit in equity with al- 
 ternative allegations as to liability. 51 
 L.R.A.(N.S.) 640. 
 
 Constitutional right to trial by jury in 
 equitable case on account of demand 
 for damages. 15 L.R.A. 287. 
 
 Right to accept favorable part of decree and 
 appeal from the rest. 29 L.R.A. (N.S.) 
 1. 
 
 Permitting chancery to set aside a verdict 
 upon an issue directed by it to a law 
 court, as an unconstitutional infringe 
 ment upon the powers of the latter. 
 8 L.R.A. (N.S.) 866.
 
 478 
 
 INDEX TO L.R.A. NOTES. 
 
 EQUITY, III. cont'd 
 
 . \clmissibility in evidence in, of copies of 
 n cords of other states. 5 L.R.A. (N.S.) 
 MIS. 
 
 effect of decisions of state courts 
 respecting statute of limitations upon 
 Federal courts in suits in equity. 40 
 L.R.A.(N.S.) 423, 448. 
 
 24. Relief obtainable on failure to 
 establish equitable jurisdiction. 
 
 Right, upon failure to establish ground of 
 c<|iiitable jurisdiction, to obtain in 
 a suit in equity relief that might 
 be obtained at law. 19 L.R.A. 
 (N.S.) 1064. 
 
 EQUITY OF REDEMPTION. 
 
 See MORTGAGE. 
 
 ERASURES. 
 
 Of name from official ballot. 47 L.R.A. 
 839. 
 
 As affecting admissibility of books of ac- 
 count in evidence. 52 L.R.A. 574. 
 
 Burden of explaining erasure appearing on 
 face of will. 17 L.R.A. (N.S.) 184. 
 
 As reason for omitting part of will from 
 probate. 34 L.R.A. (N.S.) 975. 
 
 On negotiable paper as putting purchaser 
 on inquiry. 29 L.R,A.(N.S.) 376; 
 L.R.A.1918F, 1155. 
 
 Alteration of instrument by erasure of ma- 
 terial provision thereof without sub- 
 stituting new matter. 32 L.R.A. (N.S.) 
 519. 
 
 ERECTION. 
 
 Of public building, see PUBLIC BUILDINGS, 
 
 CCO A 
 
 3, 4. 
 
 EROSION. 
 
 See WATEBS, 43. 
 
 ERRONEOUS THEORY. 
 
 Trial under erroneous theory as to crime 
 charged as former jeopardy. 24 L.R.A. 
 481. 
 
 ERROR. 
 
 ERROR OF JUDGMENT. 
 
 Personal liability of highway officers in 
 case of. 22 L.R.A. 826; 52 L.R.A. 
 (N.S.) 145. 
 
 ERYSIPELAS. 
 
 As element of damage for negligent injury. 
 48 L.R.A.(N.S.) 99. 
 
 ESCAPE. 
 
 1. Generally. 
 
 Liability for damage by escaping water, see 
 
 NEGLIGENCE, 29a. 
 Of slaves, see SLAVES, 3. 
 
 Evidence of crime committed in attempting 
 to escape after commission of crime 
 charged. 62 L.R.A. 338. 
 
 Right of peace officer to enter dwelling to 
 recapture escaping prisoner. 16 L.R.A. 
 501. 
 
 Liability of county for. 39 L.R.A. 60. 
 
 Effect of escape on appeal from conviction. 
 26 L.R.A. (N.S.) 921. 
 
 Effect of escape of prisoner during trial or 
 during a recess therein on liability of 
 sureties on bail bond. L.R.A.1916F, 
 364. 
 
 Evidence of, to show motive for crime. 62 
 L.R.A. 211. 
 
 Admissibility of evidence of defendant's 
 voluntary surrender or refusal to em- 
 brace an opportunitv to escape. 20 
 L.R.A. (N.S.) 409. 
 
 Constitutionality of statute punishing es- 
 cape by reimprisonment for term de- 
 pendent upon length of original term. 
 22 L.R.A.(N.S.) 1123. 
 
 Necessity of arrest to prevent, as condition 
 of right to make arrest without a war- 
 rant. 2 L.R.A.(N.S.) 730. 
 
 2. Justification of prison breach. 
 
 See JAILS AND PRISONS, 6. 
 
 3. Homicide in preventing or at- 
 tempting. 
 
 Homicide to prevent. 67 L.R.A. 302. 
 Homicide while attempting to make. 66 
 
 L.R.A. 378, 380. 
 Homicide in carrying out conspiracy to 
 
 effect. 68 L.R.A. 209. 
 Criminal responsibility for homicide in 
 
 carrying out unlawful conspiracy for. 
 
 68 L.R.A. 199. 
 
 APPEAL AND F.RROR; CORAM NOBIS. 
 
 with this 7>ook on every law question. 
 
 ESCHEAT. 
 
 Right of state to contest will so as to es- 
 cheat the property. 2 L.R.A. (N.S.) 
 643. 
 
 Termination of right to declare escheat by 
 death of alien or transfer in his life- 
 time. 9 L.R.A. (N.S.) 186.
 
 INDEX TO L.R.A. NOTES. 
 
 479 
 
 ESCROW. 
 
 1. Generally. 
 
 As to delivery of deed to third person, gen- 
 erally, see DEEDS, 8. 
 
 Liability of depositary for wrongful delivery 
 of escrow. L.R.A.1917E, 907. 
 
 Necessity of strict compliance with con- 
 ditions. L.R.A.1916A, 502. 
 
 Effect upon escrow, of the imposition of 
 conditions in violation of vendor's con- 
 tract. 11 L.R.A.(N.S.) 1183. 
 
 Proof of escrow agreement by parol. 18 
 L.R.A.(N.S.) 337. 
 
 Delivery of deed to third person to be de- 
 livered to grantee after grantor's death 
 and performance of conditions by gran- 
 tee. 9 L.R.A.(N.S.) 317. 
 
 Deed delivered in escrow as satisfying 
 statute of frauds. 43 L.R.A.(N.S.) 390. 
 
 2. Effect. 
 
 Effect of delivery in escrow as to bona fide 
 purchaser from grantee who has wrong- 
 fully obtained and recorded the deed. 
 17 L.R.A. 511. 
 
 Delivery of deed in, as change of title or 
 interest. 38 L.R.A. (N.S.) 142. 
 
 Effect of deed delivered in escrow as further 
 security for mortgage debt. 2 L.R.A. 
 (N.S.) "628; L.R.A.1915B, 492. 
 
 Effect of delivery in escrow of bond un- 
 signed by principal obligor. 12 L.R.A. 
 (N.S.) 1120. 
 
 Deposit of deed in escrow, to be delivered to 
 mortgagee on default, as clog on equity 
 cf redemption. 6 B. R. C. 436. 
 
 ESPIONAGE ACT. 
 
 Exclusion of seditious matter from the 
 mails under the Espionage Act. L.R.A. 
 1018C, 89. 
 
 Decisions under the Espionage Act of June 
 15, 1917. L.R.A.1918F, 410. 
 
 ESSENTIAL OILS. 
 
 Sufficiency of delivery of, on sale out of 
 larger lot. 26 L.R.A. (N.S.) 37. 
 
 ESTABLISHMENT. 
 
 Of highway, see HIGHWAYS, III. 
 
 ESTATE. 
 
 In real property generally, see COTENANCY; 
 
 CURTESY; DEEDS, ' 28-31; DOWER; 
 
 HUSBAND AND WIFE, 27; LIFE TEN- 
 
 ANTS; REAL PROPERTY, 3; WILLS, 
 
 77-102. 
 
 Created by dedication, see DEDICATION, 5. 
 Estate created by deed, see DEED, 28-31. 
 Consult also L.R.A. Digests of Cases. 
 
 ESTATE cont'd 
 
 Estate created by will, see WILLS, 77- 
 102. 
 
 Of decedent, see DESCENT AND DISTRIBU- 
 TION; EXECUTORS AND ADMINISTRATORS. 
 
 In property mortgaged, see MORTGAGE, 27. 
 
 Devestiture of estates of persons not in be- 
 ing, see AFTER-BORN CHILDREN, 2. 
 
 Constitutionality of devestiture of, see 
 CONSTITUTIONAL LAW, 54a. 
 
 Recovery of costs out of estate, see COSTS 
 AND FEES, 4. 
 
 Equitable jurisdiction against forfeiture 
 of, see EQUITY, 18. 
 
 Distinguished from title. 15 L.R.A. 68. 
 Character of estate in burial lot. 67 L.R.A. 
 
 118; L.R.A.1918A, 147. 
 Construction of decree for alimony in real 
 
 property as regards the nature of the 
 
 estate provided for. L.R.A.1918B, 868. 
 Relationship of owners of different floors of 
 
 building. 3 L.R.A. (N.S.) 510. 
 Estates in remainder as assets which will 
 
 pass to the trustee in bankruptcy. 47 
 
 L.R.A.(N.S.) 284. 
 
 ESTATE DUTY. 
 
 See TAXES, VI. 
 
 ESTATES TAIL. 
 
 In general, see DEEDS, 30. 
 
 Effect of confiscation of an estate tail for 
 treason on rights of innocent re- 
 mainderman. L.R.A.1916E, 345. 
 
 ESTHETICS. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 89. 
 
 Exercise of police power for purposes of. 
 34 L.R.A.(N.S.) 998; L.R.A.1917A, 
 1220. 
 
 Measure of damages for injury to, or de- 
 struction of, trees or shrubbery not 
 valuable for their timber or firewood. 
 11 L.R.A.(N.S.) 930; 28 L.R.A.(N.S.) 
 757; 37 L.R.A. (N.S.) 1115. 
 
 ESTIMATE. 
 
 Garnishment of claims subject to. 59 L.R.A. 
 
 365. 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 681. 
 
 ESTOPPEL. 
 
 /. Of state or public corporation gen- 
 erally, 1, 2. . 
 II. By deed or bond, 3-5.
 
 4. SO 
 
 INDEX TO L.R.A. NOTES. 
 
 ESTOPPEL con fd 
 
 ///. Equitable estoppel <' eutOfptt in 
 pa is. $ (>--'i f>. 
 
 a. In s,:'neral, G, 7. 
 
 b. Of tnai'ficil n-oincn, $ 8. 
 
 c. Ax to corporate, existence or 
 
 pou-crs, 9, 1O. 
 
 d. By contracts or agreements 
 
 08t*eratty) ratification, 
 11, 12. 
 
 6. By conduct or admissions 
 generally; consent, 13- 
 17. 
 
 f. By laches, silence, or acqui- 
 
 escence, 18-26. 
 
 1. In general, 18-2O. 
 
 2. As to real property, 
 
 21-26. 
 
 g. By negligence, fraud, or 
 
 misrepresentations, 27- 
 
 29. 
 h. By inconsistency in acts, 
 
 claims, etc., 3O, 31. 
 i. By receiving benefits, 32, 
 
 33. 
 j. By character or relation of 
 
 parties, 34-37. 
 Tc. Who may set tip, 38. 
 1. Effect of estoppel, 39. 
 
 By judgment, see JUDGMENT, III. 
 
 /. Of state or public corporation gen- 
 erally. 
 
 % 1. Generally. 
 
 As to assertion of governmental power over 
 
 certain territory. 16 L.R.A. 178. 
 Xonuser of highway as estoppel of public 
 
 to claim title to. 26 L.R.A. 469. 
 Estoppel of taxing power to tax land by 
 wrongful claim of ownership. 14 
 L.R.A.(N.S.) 1074. 
 
 Estoppel of state because of laches, to at- 
 tack municipal charter. 13 L.R.A. 
 (N.S.) 533. 
 
 Effect of laches on state's right to oust cor- 
 poration of its franchises. 14 L.R.A. 
 (N.S.) 336. 
 
 Assessment of property as estopping mu- 
 nicipality from claiming its dedication 
 and acceptance for public use. L.R.A. 
 191 6B, 1179. 
 Estoppel of municipality to open or use 
 
 street. 46 L.R.A. (N.S.) 1211. 
 Estoppel of municipality to compel removal 
 of spur track, turnout, or switch from 
 street or highway. L.R.A.1918B, 482. 
 Estoppel to question right to transfer or 
 mortgage privilege to use streets for 
 telegraph, telephone or other quasi pub- 
 lic purpose. L.R.A.1917D, 711. 
 To deny liabilitv for water furnished. 61 
 
 L.R.A. 71. 
 
 To question validity of an order or license 
 under which a business is being con- 
 ducted. 21 L.R.A. (X.S.) 299. 
 To cut off access to navigable water by 
 owner of upland. 40 L.R.A. 605. 
 
 ESTOPPEL, I. cont'd 
 
 By decision of engineer or other empowered 
 officer as to matters concerning con- 
 tracts for public improvements. 23 
 L.R.A. (N.S.) 317. 
 
 Effect of improvements by abutting owner 
 with reference to what is erroneously 
 supposed to be the street boundary 
 line, to estop the municipality from as- 
 serting the true line. 7 L.R.A. (N.S.) 
 243. 
 
 Effect of acquiescence or consent by a 
 town or municipality to construction 
 or use of a railroad in street or high- 
 way to estop it from objecting thereto. 
 7 L.R.A. (N.S.) 1187. 
 
 Encroachment on public street or alley 
 by occupier of abutting property for 
 storage or similar purposes, as basis 
 of estoppel. 36 L.R.A.(N.S.) 1057. 
 
 g 2. By bond. 
 
 Estoppel of public corporation to deny 
 validity of bonds. L.R.A.1915A, 
 916. 
 
 2a. By contract. 
 
 Estoppel of public corporation to deny va- 
 lidity of contract. L.R.A.1915A, 
 990. 
 
 Distinction between estoppel of public cor- 
 poration to deny validity of contract 
 and ratification of invalid contract. 
 L.R.A.1915A, 1024. 
 
 Begin with this book on every lair question. 
 
 II. By deed or bond. 
 
 3. Generally. 
 
 Estoppel by bond, of state or public corpo- 
 ration generally, see supra, 2. 
 
 By permitting title to real property to 
 stand in name of another, see infra, 
 26. 
 
 Right of purchaser of land subject to mort- 
 gage to question validitv of the mort- 
 gage. L.R.A.1917C, 832." 
 
 By deed or covenant. 22 L.R.A. 779. 
 
 By deed in partition. 57 L.R.A. 337. 
 
 Right of grantee to claim estoppel as 
 against the grantor by a call in tho 
 deed for a street or alley in which tho 
 grantor owns the fee. 14 L.R.A. (N.S.) 
 878. 
 
 Effect of warranty deed to prevent grantor 
 from asserting title by adverse posses- 
 sion subsequently initiated as against 
 his grantee or his privies. 25 L.R.A. 
 (N.S.) 129. 
 
 Estoppel of one who executes a deed as 
 executor or -administrator to set up ex- 
 isting title in himself. 21 L.R.A. 
 (N.S.) 60. 
 
 Effect of one spouse joining in the execu- 
 tion of the other's deed or mortgage to 
 convey the former's separate property 
 included therein. 28 L.R.A. (N.S.) 281). 
 Estoppel by giving forthcoming bond to 
 question legality of levy under an 
 execution. 51 L.R.A. (N.S.) 035.
 
 INDEX TO L.R.A. NOTES. 
 
 481 
 
 ESTOPPEL, II. cont'd 
 
 Effect of bond or receipt given to secure 
 surrender of property by officer who 
 has seized it under process as an es- 
 toppel after property has been returned 
 to officer. L.R.A.1916F, 942. 
 
 Esttoppel to complain of insertions of unau- 
 thorized provisions in bond. L.R.A. 
 1917B, 1001. 
 
 Estoppel to deny liability on bond executed 
 under unconstitutional statute. L.R.A. 
 1918C, 834. 
 
 4. Deeds of married women. 
 
 Effect of covenants of married women and 
 their estoppel by deed or mort- 
 gage. 22 L.R.A/779. 
 
 Of wife to deny the validity of encumbrance 
 
 of entirety property to secure debt of 
 
 husband. 66 L.R.A. 636. 
 
 Effect of wife's joining in husband's deed 
 
 or mortgage to convey her separate 
 
 property included therein. 
 (N.S.) 289. 
 
 28 L.R.A. 
 
 5. As to after-acquired title. 
 
 Effect of quitclaim deed, see QUITCLAIM 
 DEED, 4. 
 
 By partition deed. 57 L.R.A. 337. 
 
 Effect of covenant of married woman as an 
 estoppel against acquiring superior 
 title. 22 L.R.A. 779. 
 
 Doctrine of estoppel as affecting notice by 
 record of deed before grantor has title. 
 23 L.R.A. 561. 
 
 Validity of agreement to transfer after-ac- 
 quired title in consideration of main- 
 tenance. 70 L.R.A. 485. 
 
 Effect of covenants to carry title to a fu- 
 ture or subsequently acquired interest 
 of the grantor, where he had a present 
 interest which passed by the deed. 13 
 L.R.A. (N.S.) 1003. 
 
 Effect of warranty deed to prevent grantor 
 from asserting title by adverse posses- 
 sion subsequently initiated, as against 
 his grantee or privies. 25 L.R.A. 
 (N.S.) 129. 
 
 Effect of quitclaim deed upon after-ac- 
 quired title. 35 L.R.A. (N.S.) 1182. 
 
 Right of grantor of mining claim to relo- 
 cate same for his own benefit. 50 
 L.R.A. 186. 
 
 Estoppel of one who executes deed as execu- 
 tor or administrator to set up an 
 existing title in himself. 21 L.R.A. 
 (N.S.) 60. 
 
 Right of one receiving advancement and 
 executing release of interest in estate 
 to share in after-acquired property. 
 65 L.R.A. 578. 
 
 Of heir to claim interest in expectancy 
 from ancestor. 32 L.R.A. 597. 
 
 Doctrine of, as applied to sale of expect- 
 ancy by prospective heir. 33 L.R.A. 
 273, 281. 
 
 As means of giving effect to sales of ex- 
 pectancy. 25 L.R.A. (N.S.) 438. 
 
 Consult also L.R.A. Digests of Cases. 31 
 
 ESTOPPEL cont'd 
 
 ///. Equitable estoppel or estoppel in 
 pats. 
 
 a. In general. 
 
 6. Generally. 
 
 Of state or other public corporation, see su- 
 pra, I. 
 
 Of insurance, see INSUBANCE, VII. b. 
 
 Of insured, see INSURANCE, 130, 131. 
 
 To plead statute of limitations, see LIMITA- 
 TION OF ACTIONS, 2. 
 
 Proof of estoppel under general denial or 
 a plea of the general issue in action of 
 ejectment. L.R.A.1918F, 257. 
 
 Doctrine of, to create exception to statute. 
 25 L.R.A. 573. 
 
 Estoppel to profit by one's own wrong. 5 
 L.R.A. 693;* 25 L.R.A. 573. 
 
 By wording of warehouse receipt. 19 
 L.R.A. 302. 
 
 By entries in books of account. 53 L.R.A. 
 534. 
 
 Of one who issues or indorses check or bill 
 to impostor. 50 L.R.A. 83. 
 
 To claim set-off. 23 L.R.A. 309. 
 
 To deny liability of partnership for tort. 
 51 L.R.A. 491. 
 
 To assert condition against bond taking 
 effect until signed by others. 45 
 L.R.A. 329. 
 
 By accord and satisfaction to set up claim 
 against state. 42 L.R.A. 39. 
 
 To assert carrier's liability for misdelivery. 
 37 L.R.A. 179. 
 
 Effect of purchaser's knowledge of encum- 
 brance in action for breach of cove- 
 nant. 32 L.R.A. (N.S.) 737. 
 
 Right of one spouse living apart from the 
 other to claim community rights in 
 property as against persons ignorant 
 of relationship. 29 L.R.A. (N.S.) 468. 
 
 Estoppel to introduce parol evidence that 
 written instrument importing absolute 
 transfer of title was intended to oper- 
 ate as a mortgage. L.R.A. 1916B, 599. 
 
 Mistake in statement of commodity fur- 
 nished as affecting the right to recover 
 for a larger amount actually furnished. 
 L.R.A.1915B, 711. 
 
 Assessment or nonassessment of property 
 to raise estoppel against claiming or 
 denying its dedication for public use. 
 L.R.A.1916B, 1179. 
 
 Estoppel of minor to acquire outstanding 
 title as against the purchaser at his 
 guardian's sale. L.R.A. 1915E, 836. 
 
 Estoppel of husband to deny liability for 
 necessaries furnished wife while living 
 with him. 47 L.R.A. (N.S.) 282. 
 
 Estoppel of cotenants to dispute title of 
 grantee in conveyance by one cocenant 
 of parcel in severalty. 47 L.R.A. 
 (N.S.) 580. 
 
 Estoppel of purchaser at execution sale to 
 set up outstanding title against his re- 
 demptioner without returning the re- 
 demption money. 48 L.R.A. (N.S.) 481. 
 
 Of beneficiary to hold trustee personally 
 liable for losses to trust estate from 
 investments. 44 L.R.A. (N.S.) 980.
 
 482 
 
 ESTOPPEL, III. a cont'd 
 
 INDEX TO L.R.A. NOTES. 
 
 Kstoppel of inn- 
 
 to hold notary or 
 
 other ollii-fi- liable for fault or mistake 
 
 in certifying to acknowledgment or affi- 
 
 davit. 49 L.R.A.(N.S.) 54. 
 Estoppel of borrower to complain of usury 
 
 because of his connection with the lend- 
 
 er. 49 L.R.A.(N.S.) 1044. 
 To assert forfeiture or penalty under con- 
 
 tract providing therefor. 50 L.R.A. 
 
 (N.S.) 897. 
 
 Actions or suits in which equitable estoppel 
 
 involving title or interest in real 
 
 property is available. 49 L.R.A. 
 
 (N.S.) 775. 
 
 Right of purchaser of land subject to mort- 
 
 gage to question validity of the mort- 
 
 gage. L.R.A.1917C, 832. 
 
 7. As to taxes and assessments. 
 
 Estoppel by laches or silence, see infra, 
 19. 
 
 To complain of illegal tax. 22 L.R.A. 708. 
 To contest assessment for sewer. 60 L.R.A. 
 
 247. 
 
 To assert defect in work as defense to an 
 assessment for local improvements. 56 
 L.R.A. 915. 
 To assert priority over lien of local assess- 
 
 ment. 30 L.R.A. (N.S.) 769. 
 Estoppel to attack assessment for special 
 benefits upon the ground that 
 property is not benefited. 36 
 L.R.A.(N.S.) 39. 
 Estoppel of taxing power to tax land by 
 
 wrongful claim of ownership. 
 L.R.A. (N.S.) 1074. 
 
 14 
 
 Estoppel to claim lack of notice of tax pro- 
 ceedings. L.R.A.1916E, 34. 
 
 7a. Knowledge or reliance of other 
 party. 
 
 Estoppel against assertion of title or inter- 
 est in real property by concealing 
 the same or representing it to be 
 in another as affected by knowledge 
 or ignorance of person claiming 
 estoppel. 48 L.R.A. (N.S.) 766. 
 
 7c. Change of position. 
 
 Bringing suit or other legal proceeding as 
 change of position within law of 
 estoppel. 52 L.R. A. (N.S.) 1185. 
 
 ft. Of married women. 
 
 8. Generally. 
 
 By deed, see supra, 4. 
 
 Applicability of doctrine of equitable es- 
 toppel to married women, independ- 
 ently of contract. L.R.A.1916C, 
 240. 
 By conduct during husband's lifetime to 
 
 claim dower. 3 L.R.A. (N.S.) 971. 
 Estoppel of wife living apart from husband 
 to claim homestead or dower as against 
 purchaser ignorant of the relationship. 
 26 L.R.A.(N.S.) 575; 34 L.R.A.(N.S.) 
 762. 
 
 Begin trit/i this booJc on every laiv question. 
 
 ESTOPPEL, III. b cont'd 
 
 Rights of wife living apart from her hus- 
 band to claim community rights in 
 property as against persons ignorant 
 of relationship. 29 L.R.A. (N.S.) 468. 
 
 Estoppel of wife who conceals her interest 
 in property to assert it as against one 
 who purchases it as property of hus- 
 band. 48 L.R.A.(N.S.) 757. 
 
 c. As to corporate existence or powers. 
 
 9. Existence. 
 
 Estoppel to allege partnership liability of 
 stockholders in case of defective or il- 
 legal incorporation. L.R.A.1916C, 212. 
 
 10. Powers. 
 
 Estoppel to set up plea of ultra vires, see 
 CORPORATION, 32a. 
 
 To deny validity of preferred stock. 27 
 L.R.A. 139. 
 
 To deny validity of contract of foreign 
 corporation because of failure to com- 
 ply with statute. 24 L.R.A. 320. 
 
 To deny character or powers of foreign cor- 
 poration. 24 L.R.A. 297. 
 
 Estoppel of building association to assert 
 illegality of its by-law or stipulation 
 in stock that the stock will mature at 
 a fixed time. 15 L.R.A.(N.S.) 503. 
 
 d. By contracts or agreements general- 
 ly ; ratification. 
 
 11. Generally. 
 
 Estoppel of public corporation by contract, 
 
 see supra, 2a. 
 Estoppel of corporation to raise defense of 
 
 ultra vires, see CORPORATIONS, 32a. 
 
 To deny terms of contract. 3 L.R.A. 308. 
 
 To plead defense of limitations. 63 L.R.A. 
 193. 
 
 To deny validity of contract by offer and 
 acceptance without execution of con- 
 templated formal instrument. 29 
 L.R.A. 436. 
 
 As to forgery of signature to negotiable 
 paper. 36 L.R.A. 539. 
 
 Of parent to reclaim child. 27 L.R.A. 60. 
 
 Estoppel of parent to deny validity of con- 
 tract for transfer of parental responsi- 
 bility or authority. 42 L.R.A. (X.Sj 
 1018. 
 
 Effect of acts or agreement with respect to 
 real property, made by one while a ten- 
 ant of such property, to estop him 
 after he has purchased the fee. 7 
 L.R.A. (N.S.) 614. 
 
 To deny liability for injuries resulting from 
 breach of gratuitous promise as to 
 lateral support. 48 L.R. A. (N.S.) 475. 
 
 Estoppel of carrier to recover difference be- 
 tween rate charged shipper and proper 
 rate. 49 L.R. A. (N.S.) 99. 
 
 Effect of bond or receipt given to secure 
 surrender of property by officer who 
 has seized it under process as an 
 estoppel after it has been returned to 
 officer. L.R.A.1916F, 942.
 
 INDEX TO L.R.A. NOTES. 
 
 483 
 
 ESTOPPEL, III. d cont'd 
 
 Eight of lessor to maintain an action for 
 possession against his covenant not to 
 disturb lessee's possession, when the 
 covenant is repugnant to the estate 
 granted. L.R.A.1915D, 467. 
 
 To attempt to defeat stock subscription or 
 stockholder's liability on the ground 
 that corporation is not legally organ- 
 ized. L.R.A.1915A, 475. 
 
 Right of receiver of foreign corporation to 
 question its contracts upon the ground 
 that it had not complied with condi- 
 tions of doing busness. L.R.A.1918A, 
 504. 
 
 8 12. By ratification. 
 
 Ratification of invalid contract, see CON- 
 TRACTS, . 110, 111. 
 
 Ratification of agent's acts, see PRINCIPAL 
 AND AGENT, 28-31. 
 
 Ratification generally, see RATIFICATION. 
 
 To assert forgery of signature to negotiable 
 paper. 36 L.R.A. 539. 
 
 Validation of undelivered deed by ratifica- 
 tion or estoppel of grantor. 9 L.R.A. 
 (N.S.) 945. 
 
 Ratification or estoppel where agreement to 
 pay mortgage is inserted in deed by 
 mistake. L.R.A.1918A, 1005. 
 
 e. By conduct or admissions generally; 
 consent. 
 
 13. By conduct. 
 
 By receiving benefits, see infra, 32, 33. 
 
 Waiver of objections to sufficiency of per- 
 formance, by accepting work, see CON- 
 TRACTS, 139. 
 
 Waiver by acceptance, of objections to 
 goods purchased, see SALE, 24. 
 
 To rescind subscription to corporate stock. 
 33 L.R.A. 722. 
 
 To claim penalty against national bank 
 for charging or taking usury. 56 
 L.R.A. 680. 
 
 Of landowner to object to assessment by 
 front-foot rule for public improve- 
 ments. 28 L.R.A. (N.S.) 1206. 
 
 Of divorced spouse to attack decree. L.R.A. 
 1917B, 499. 
 
 By sale of personal property with particu- 
 lar description of kind or quality. 35 
 L.R.A. (N.S.) 285. 
 
 To deny existence of relation of independent 
 contractor. 17 L.R.A.(N.S.) 382. 
 
 Estoppel to deny that person whose negli- 
 gence caused injury was independent 
 contractor. 8 L.R.A. (N.S.) 896. 
 
 Assisting physically in creation of con- 
 dition as affecting one's right to re- 
 cover for damases to property caused 
 thereby. 42 L.R.A. (N.S.) 709. 
 
 Participation by indemnity insurer in de- 
 fense of suit against insured as estop- 
 pel to assert that latter's liability was 
 predicated on ground not covered by 
 policy. 34 L.R.A. (N.S.) 491. 
 
 Paying interest on forged mortgage as es- 
 toppel to question the mortgage. 41 
 L.R.A.(N.S:) 740. 
 
 Consult also L.R.A. Digests of Cases. 
 
 ESTOPPEL. III. e confd 
 Against railway as to use to which right 
 of way may be devoted. 36 L.R.A. 
 (N.S.) 515. 
 
 Estoppel of one charged with embezzlement 
 to deny authority to receive the money 
 generally. 17 L.R.A. (N.S.) 531. 
 May estoppel to deny authority to receive 
 money alleged to have been em- 
 bezzled be invoked against public 
 officer charged with the embezzle- 
 ment. 23 L.R.A.(N.S.) 761. 
 
 14. matters as to real property. 
 
 Of possessor to assert claim to land. 13 
 L.R.A.(N.S.) 135. 
 
 Conduct during husband's lifetime as es- 
 toppel to claim dower. 3 L.R.A. (N.S.) 
 971. 
 
 Estoppel of grantee where agreement to pay 
 mortgage is inserted in deed by mis- 
 take. L.R.A.1918A, 1005. 
 
 Estoppel of purchaser to maintain injunc- 
 tion against collection of purchase 
 money where title to land is defect- 
 ive. 7 L.R.A. (N.S.) 459. 
 
 To deny power of cashier of bank to sell 
 or lease property. 31 L.R.A. (N.S.) 
 738. 
 
 Estoppel against assertion of title or 
 interest in real property by concealing 
 the same or representing it to be in an- 
 other. 48 L.R.A.(N.S.) 745. 
 
 15. matters as to commercial 
 paper. 
 
 To set up forgery of signature to negotiable 
 
 paper. 36 L.R..A. 539. 
 To deny that note was made in state where 
 
 it is dated and payable. 2 L.R.A. 
 
 (N.S.) 299. 
 To recover money paid on forged check or 
 
 draft. 10 L.R.A. (N.S.) 49; 25 L.R.A. 
 
 (N.S.) 1308; 29 L.R.A. (N.S.) 100 - r 
 
 L.R.A.1915A, 77. 
 By renewing forged paper. 23 L.R.A. (N.S. } 
 
 1234. 
 Of one who, after receiving reindorsement, 
 
 transfers notes for value wthout can- 
 celing his indorsement. 10 L.R.A. 
 
 .(N.S.) 260. 
 To recover money paid on forged check or 
 
 draft. L.R.A.1915A, 77. 
 
 16. By admissions. 
 
 Admissibility of admissions in evidence, see 
 EVIDENCE, 215. 
 
 Conclusiveness of judicial admissions as to 
 strangers. 28 L.R.A. (N.S.) 327; L.R.A. 
 1915A, 200. 
 
 17. By consent. 
 
 Effect of acquiescence by town or munici- 
 pality to construction of railway in 
 street or highway to estop it from ob- 
 jecting thereto. 7 L.R.A. (N.S .) 1187. 
 
 Right of party consenting to divorce to con- 
 test its validity. 51 L.R.A.(N.S.) 534. 
 
 Estoppel by acquiescence in erection of 
 building or plant to complain of it a* 
 a nuisance. L.R.A.1916C, 940.
 
 484 
 
 INDEX TO L.R.A. NOTES. 
 
 ESTOPPEL, III. e cont'd 
 
 Beneficiary's consent to surrender of policy 
 
 or designation of now beneficiary as 
 
 affecting liis right to question validity 
 
 thereof. L.R.A.1915A, 872. 
 Estoppel of remainderman by consenting to 
 
 conveyance of fee by life tenant. L.R.A. 
 
 1918D, 441. 
 
 /. By laches, silence, or acquiescence. 
 1. In general. 
 
 18. Generally. 
 
 Estoppel of divorced spouse to attack de- 
 cree. L.R.A.1917B, 499. 
 
 Estoppel by acquiescence to claim relief from 
 mistake of law as to effect of instru- 
 ment. 28 L.R.A. (N.S.) 891. 
 
 Effect of laches of original seller of goods 
 sold for cash but delivered without 
 payment and resold. 13 L.R.A. (N.S.) 
 699. 
 
 Of purchaser of goods deliverable in in- 
 stalments to rescind contract for breach 
 as to quality. 38 L.R.A. (N.S.) 542. 
 
 By laches in probating will. 57 L.R.A. 
 260. 
 
 To deny liability as partner. 20 L.R.A. 
 598. 
 
 Effect of complainant's laches on right to 
 injunction against infringement of pat- 
 ent. 39 L.R.A.(N.S.) 7. 
 
 Effect of laches on right to protection in 
 use of geographical name as a trade- 
 mark or tradename or on ground of 
 unfair competition. 26 L.R.A. (N.S.) 
 91. 
 
 To deny liability on .forged paper. 36 
 L.R V .A. 540. 
 
 Delay in giving notice of forgery as estop- 
 pel of true owner to recover against 
 party which has paid paper on a forged 
 indorsement. 40 L.R.A. (N.S.) 657. 
 
 Effect of laches of one accepting transfer 
 without indorsement of worthless check 
 or note of third person. 10 L.R.A. 
 (N.S.) 540. 
 
 Liability of sureties on bond of bank as 
 depository of public funds as affected 
 by acquiescence or connivance of pub- 
 lic officials in misuse of the funds. 26 
 L.R.A. (N.S.) 865. 
 
 Of pledgee or transferee of stock to assert 
 title against claims subsequently ac- 
 cruing where pledge or transfer not en- 
 tered on books of companv. 67 L.R.A. 
 682. 
 
 Laches or acquiescence by stockholder as 
 affecting his right to complain of act 
 by which corporation devests itself of 
 title or control of its entire property. 
 9 L.R.A.(N.S.) 606. 
 
 To assert governmental power over certain 
 
 ESTOPPEL, III. f, 1 cont'd 
 
 Of municipality to question right to trans- 
 fer or mortgage privilege to use streets 
 for telegraph, telephone or other quasi 
 public purpose. L.R.A.1917D, 711. 
 
 To claim new trial for known disqualifica- 
 tion of juror. 18 L.R.A. 474. 
 
 Acquiescence in irregularities in election. 
 16 L.R.A. 755. 
 
 Effect of complainant's laches on right to 
 injunction against nuisance. 31 L.R.A. 
 (N.S.) 897. 
 
 Effect of attorney's acquiescence in assign- 
 ment of judgment on his right to lien 
 thereon. 37 L.R.A. (N.S.) 228. 
 
 Estoppel of beneficiary to hold trustee per- 
 sonally liable for losses to trust estate 
 from investments. 44 L.R.A. (N.S.) 
 980. 
 
 Estoppel to contest right of directors to 
 vote bonus to officers as compensation 
 for services. L.R.A.1915D, 037. 
 
 Effect of complainant's laches on right to 
 
 injunction against nuisance. 
 1916C, 1270. 
 
 L.R.A. 
 
 Right of plaintiff in a suit in which a decree 
 of sale was rendered to assert, as 
 against a purchaser thereunder, a title 
 or interest not litigated in the suit. 
 L.R.A.1917C, 888. 
 
 19. As to assessments. , 
 
 Of street railway company to deny liabil- 
 
 ity for paving 
 200. 
 
 assessment. 46 L.R.A. 
 
 To contest validity of assessment for drain- 
 age ditches. "69 L.R.A. 811. 
 
 Laches as affecting attack on assessment for 
 special benefits on ground that prop- 
 erty is not benefited. 36 L.R.A. (N.S.) 
 41. 
 
 20. By putting chattels or securities 
 in another's possession. 
 
 Right of one leaving his chattels in an- 
 other's possession to claim title 
 against the later's vendees or cred- 
 itors. 25 L.R.A. (N.S.) 760. 
 Effect of putting paper or securities trans- 
 ferable by delivery, or indorsed or 
 assigned in blank, into another's 
 possession, to estop owner as 
 against purchaser in good faith. 
 29 L.R.A.(N.S.) 252. 
 
 Effect of permitting assignor of a contract 
 to receive "non-negotiable instrument is- 
 sued in payment thereof, to estop as- 
 signee as against a subsequent assignee 
 of such instrument. 11 L.R.A. (N.S.) 
 472. 
 
 2. As to real property. 
 21. Generally. 
 
 territory. 16 L.R.A. 178. 
 
 Estoppel of state because of laches to at- 
 tack municipal charter. 13 L.R.A. 
 (N.S.) 533. 
 
 Effect of laches on state's right to oust 
 
 corporation of its franchises. 14 ' Of possessor to assert claim to land. 
 L.R.A.(N.S.) 336. L.R.A. (N.S.) 135. 
 
 Begin with tJiis boo7' on every law question. 
 
 Delay in recording instrument conveying 
 title to real property, see RECORDS AND 
 RECORDING LAWS, 23. 
 
 By nonuser, to claim land as part of high- 
 way. 18 L.R.A. 147. 
 
 13
 
 INDEX TO L.R.A. XOTES. 
 
 485 
 
 ESTOPPEL, III. f, 2 cont'd 
 
 Laches as affecting the right of one co- 
 tenant to benefit of purchase of out- 
 standing title by another. 19 L.R.A. 
 (N.S.) 526; 42 L.R.A. (N.S.) 242. 
 
 Effect of acquiescence in violations of re- 
 strictive covenant on right to enforce- 
 ment thereof. 28 L.R.A. (N.S.) 710. 
 
 Effect of continued occupation by trespasser 
 for less than limitation period to estop 
 owner to maintain trespass q. c. f. 23 
 L.R.A. (N.S.) 270. 
 
 Laches as waiver of purchaser's right to 
 * rescind contract for purchase of real 
 property. 30 L.R.A. (N.S.) 872. 
 
 To claim forfeiture of oil and gas lease. 
 31 L.R.A. 673. 
 
 Estoppel against assertion of title or inter- 
 est in real property by concealing 
 the same. 48 L.R.A. (N.S.) 745. 
 
 Right ef plaintiff in a suit in which a de- 
 cree of sale was rendered to assert, as 
 against a purchaser thereunder, a title 
 or interest not litigated in the suit. 
 L.R.A.1917C, 888. 
 
 22. As to boundary line. 
 
 Estoppel by silence or acquiescence to assert 
 true boundaries. 48 L.R.A. (N.S.) 756. 
 
 Effect of improvements by abutting owner 
 with reference to what is erroneously 
 supposed to be state boundary line to 
 stop municipality from asserting true 
 line. 7 L.R.A. (N.S.) 243. 
 
 23. As to pollution of water. 
 
 To question pollution of stream. 22 L.R.A. 
 
 (N.S.) 282. 
 
 To pollute stream for mining purposes. 24 
 L.R.A. 66. 
 
 24. As to railroad or telegraph or 
 telephone In street. 
 
 Laches as affecting abutting owner's right 
 to compensation for railroad in street. 
 36 L.R.A.(N.S.) 832. 
 
 Effect of acquiescence to defeat particular 
 remedies of abutting owner who has 
 consented to construction of railroad 
 or street railway in street or high- 
 way. 7 L.R.A. (N.S.) 995. 
 
 Effect of acquiescence by town or munici- 
 pality to construction of railway in 
 street or highway to estop it from ob- 
 jecting thereto. 7 L.R.A. (N.S.) 1187. 
 
 Delay in applying for an injunction against 
 maintaining telephone or telegraph line 
 in street or highway. 8 L.R.A. (N.S.) 
 1091. 
 
 25. By permitting expenditures. 
 
 Against revocation of license. 49 L.R.A. 
 
 ,520. 
 To claim damages for obstruction of waters 
 
 of stream. 59 L.R.A. 904. 
 To insist upon forfeiture of oil or gas 
 
 lease. 31 L.R.A. 673. 
 To revoke license to maintain burden on 
 
 land after licensee has incurred expense 
 
 in reliance thereon 19 L.R.A. (N.S.) 
 
 700; 25 L.R.A. (N.S.) 727. 
 Consult also L.R.A. Digests of Cases. 
 
 ESTOPPEL, III. f, 2 cont'd 
 Effect of improvements by abutting owner 
 with reference to what is erroneously 
 supposed to be the street boundary line 
 to estop municipality from asserting 
 the true line. 7 L.R.A. (N.S.) 243. 
 Estoppel against assertion of title or in- 
 terest in real property against one 
 making improvements thereon. 48 
 L.R.A. (N.S.) 759. 
 
 Estoppel, by encouraging or acquiescing in 
 erection of building or plant, to 
 complain of it as a nuisance. 
 L.R.A. 1916C, 940. 
 
 26. By permitting title to real prop- 
 erty to stand in another's name. 
 
 Estoppel of landowner by allowing record 
 title to remain in another. 22 
 L.R.A. 256. 
 
 Permitting undelivered deed, wrongfully re- 
 corded by grantee, to remain on record, 
 as estoppel of grantor or his successors 
 to deny its delivery as against one who 
 has purchased in reliance on the record. 
 7 L.R.A. (N.S.) 712. 
 
 Estoppel of one who permits title of real 
 property to stand in another's 
 name, to assert title as against the 
 latter's creditors. 30 L.R.A. (N.S.) 
 1; 46 L.R.A. (N.S.) 1097. 
 Estoppel against assertion of title or in- 
 terest in property by concealing the 
 same. 48 L.R.A. (N.S.) 757. 
 
 g. By negligence, fraud, or misrepre- 
 sentations. 
 
 27. By negligence. 
 See also 20, 26, supra. 
 
 Failure to read contract as affecting right 
 to assert fraud in respect thereto. 6 
 L.R.A. (N.S.) 463; L.R.A.1917F, 637. 
 
 Effect of negligence of principal on his 
 right to repudiate indorsement of check 
 by agent in a manner not contemplated 
 by his restricted authority. L.R.A. 
 1918B, 578. 
 
 Estoppel to enforce contract of suretyship 
 or guaranty released through mistake, 
 13 L.R.A.(N.S.) 576. 
 
 Estoppel to set up original obligee's breach 
 of condition to make future advances 
 as against assignee of contract for pay- 
 ment of money, not protected by the 
 law mqrchant. 23 L.R.A. (N.S.) 178. 
 
 Effect of negligence of purchaser of real 
 property on right to rescind because of 
 misstatement as to title. 39 L.R.A. 
 (N.S.) 1143. 
 
 Estoppel as against innocent payee of one 
 who signed note in blank and intrusted 
 it to a third person who exceeded hts 
 authority in filling up blanks before 
 delivery to payee. L.R.A.1915B, ]44. 
 
 Mistake in statement of commodity fur- 
 nished as affecting the right to recover 
 for a larger amount actually furnished. 
 L.R.A.1915B, 711.
 
 
 INDEX TO L.R.A. NOTES. 
 
 ESTOPPEL, III. g cont'd 
 
 S 28. By fraud or misrepresentations. 
 
 to plead limitations by represen- 
 tations as to material facts. 63 L.R.A. 
 JO-J. 
 
 Estoppel of mutual benefit society by mis- 
 representations as to laws of the order. 
 14 L.R.A.(N.S.) 540. 
 
 Effect of fraudulent reissue of bill or note 
 which has been paid. 28 L.R.A. (N.S.) 
 1066. 
 
 May one who takes a contract or bond for 
 the conveyance of property from a 
 third person to defraud the creditors 
 of another who had the legal title 
 to the property, but represented it to 
 be in such third person, invoke the 
 doctrine of estoppel against him. 13 
 L.R.A.(N.S.) 1118. 
 
 Estoppel of legatee or devisee to deny that 
 he holds in trust for another. 8 L.R.A. 
 f X.S.) 698; 31 L.R.A.(N.S.) 176; 33 
 L.R.A.(N.S.) 996; L.R.A.1918F, 1045. 
 
 Knowledge by vendor of falsity of his mis- 
 statements as to title as a condition 
 of equitable estoppel against him. 39 
 L.R.A.(N.S.) 500. 
 
 Estoppel in pais against assertion of title 
 or interest in real property by 
 representing it to be in another. 
 48 L.R.A. (N.S.) 745. 
 
 Estoppel to contest commercial paper by 
 representations to prospective pur- 
 chasers. 50 L.R.A.(N.S.) 1023. 
 
 Right of bank to contradict entries in its 
 books or statements in public reports. 
 L.R.A.1915D, 935. 
 
 8 29. of infant. 
 
 Estoppel of infant by false representations 
 as to his age. 57 L.R.A. 684 ; 9 L.R.A. 
 (N.S.) 1117; 16 L.R.A.(N.S.) 672; 
 19 L.R.A.(N.S.) 1056; 35 L.R.A. (N.S.) 
 574; 36 L.R.A. (N.S.) 33; 42 L.R.A. 
 (N.S.) 643; L.R.A.1915F, 1082. 
 
 Liability of master for injury to minor serv- 
 ant who secures employment by mis- 
 representing his age. 2*0 L.R.A.'(N.S.) 
 500: 25 L.R.A. (N.S.) 708; 42 L.R.A. 
 (N.S.) 624. 
 
 h. By inconsistency in acts, claims, etc. 
 
 ESTOPPEL, III. h cont'd 
 
 Agreement of bank invalid as against 
 trustee in bankruptcy undertaking to 
 hold bankrupt's deposit as a fund for 
 creditors as preventing it from setting 
 oft' deposit against its own claim. 28 
 L.R.A. (N.S.) 484. 
 
 Recognition of return or of decree rend, r^l 
 thereon as affecting liability for making 
 false return. 38 L.R.A. (N.S.) 292. 
 
 Denial of relation as affecting right to sum- 
 mary order on attorney to produce 
 papers. 38 L.R.A. (N.S.) 207. 
 
 Right of party obtaining or consenting to 
 divorce to contest its validity. 51 
 L.R.A. (N.S.) 534. 
 
 Right of bank to contradict entries in its 
 books or statements in puMic reports. 
 L.R.A.1935D, 935. 
 
 Estoppel of guardian, executor, or adminis- 
 trator to deny that he received the 
 amount stated in his report of a sale. 
 L.R.A.1916A, 639. 
 
 31. As to jurisdiction. 
 
 Of party who has invoked jurisdiction to 
 deny it. 15 L.R.A. 273. 
 
 To deny facts pleaded to defeat jurisdic- 
 tion of court. 15 L.R.A. (N.S.) 423. 
 
 i. By receiving benefits. 
 
 32. Generally. 
 
 Estoppel of public corporation to deny va- 
 lidity of contract by receipt of bene- 
 fits, see supra, 2a. 
 
 To appeal by accepting favorable part of 
 decree, see APPEAL AND ERROR, 8a. 
 
 Of corporation to raise defense of ultra 
 vires, see CORPORATIONS, 32a. 
 
 Acceptance by debtor of surplus arising 
 
 from sale under a decree as affecting 
 
 his right to appeal from the decree. 
 
 L.R.A.1918E, 106. 
 Estoppel to deny jurisdiction of court after 
 
 receiving benefit of court taking. 15 
 
 L.R.A. 274. 
 Of corporation to deny liability on contracts 
 
 of promoter. 26 L.R.A. 550; 50 L.R.A. 
 
 (N.S.) 978. 
 Estoppel to set up defects or irregularities 
 
 in replevin bond which has served its 
 
 purpose. 29 L.R.A.(N.S.) 747. 
 
 30. Generally. .Estoppel of grantee in possession to <|iu's- 
 
 Tb make assessments on paid up stock 45 ' t ^ on grantor's right to collect purchase 
 
 L.R.A. 653. money. 21 L.R.A. (N.S.) 399. 
 
 Estoppel to attach property in hands of as- Ratification of unauthorized loan by agent 
 
 signee for creditors. 26 L.R.A. 595. 
 RigM to accept favorable part of decree. 
 
 judgment or order and repeal from the 
 
 remainder. 29 L.R.A. (N.S.) 1. 
 K>t<>ppel of possessor to assert claim to 
 
 land. 13 L.R.A. (N.S.) 135. 
 To deny validity of liens when property 
 
 taken by eminent domain subject to 
 
 certain liens. 21 L.R.A.(N.S.) 72. 
 Right to defend expulsion of passenger on 
 
 ground other than that relied upon at 
 
 the time. 14 L.R.A. (N.S.) 368. 
 
 school district to deny residence of 
 
 child within district. 
 
 344. 
 
 by retention of benefits. 2 B. R. C. 743. 
 
 Estoppel of divorced spouse to attack decree 
 b\ r use of privileges or taking benefits 
 of decree. L.R.A.1917B, 500. 
 
 To complain of unauthorized provisions in 
 bond. L.R.A.1917B, 1001. 
 
 Estoppel as ground for allowing recovery 
 against principal for services of sub- 
 agent employed by agent. L.R.A.1918F, 
 748. 
 
 Of 
 
 33. As to commercial paper. 
 
 To deny liability on forged paper. 36 L.R.A. 
 
 541. 
 36 L.R.A. (N.S.) To assert fonrery of signature to negotiable 
 
 paper. 36 L.R.A. 539. 
 lit <nn uitli this booTc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 487 
 
 ESTOPPEL, III. i cont'd 
 
 Ratification of forged instrument by receiv- 
 ing proceeds of forgery. 36 L.R.A. 
 (N.S.) 1017. 
 
 j. By character or relation of parties. 
 
 34. Generally. 
 
 Husband's liability for necessaries furnished 
 wife on ground of estoppel. 65 L.R.A. 
 549; 47 L.R.A. (N.S.) 282. 
 
 Estoppel of one attesting conveyance to as- 
 sert title. 3 L.R.A. (N.S.) 879. 
 
 Right of mortgagor or those claiming 
 through or under him to set up out- 
 standing title or to acquire outstand- 
 ing title to defeat the mortgage. L.R.A. 
 1918B, 734. 
 
 Right of beneficiary in bond to repudiate 
 authority of person who made the rep- 
 resentations in reliance upon which the 
 bond was issued. 7 L.R.A. (N.S.) 549. 
 
 Of surety to complain of creditor's manage- 
 ment and collection of collateral. 37 
 L.R.A. (N.S.) 715. 
 
 Estoppel of bailee to assert against bailor 
 hostile title of a third person. 33 
 L.R.A. (N.S.) 681; L.R.A.1918B, 662. 
 
 Of landlord to enforce claim for rent of 
 premises occupied by receiver or as- 
 signee for creditors. 59 L.R.A. 686. 
 
 35. Of principal or agent. 
 
 Estoppel of principal to deny authority of 
 agent who has not possession of se- 
 curities to receive payment. 23 L.R.A. 
 (N.S.) 414. 
 
 Of agent to dispute title to money or prop- 
 erty received from principal. 2 L.R.A. 
 (N.S.) 657. 
 
 36. Of tenant. 
 
 Adverse possession by tenant, see ADVERSE 
 POSSESSION, 6. 
 
 Right of tenant to dispute landlord's title 
 in action by latter to establish same. 
 29 L.R.A.(N.S.) 85. 
 
 Right of tenant in possession in action by 
 himself to dispute the landlord's title. 
 L.R.A.1910E, 699. 
 
 Estoppel to deny lessor's title as affected by 
 the fact that lessee did not recog- 
 nize the lessor's title to the partic- 
 ular property. 52 L.R.A. (N.S.) 
 765. 
 
 Right of tenant who was in possession before 
 taking lease to dispute lessor's title. 
 1 L.R.A.(N.R.) 1181. 
 Estoppel of tenant's wife to deny landlord's 
 
 title. 30 L.R.A.(N.S.) 1102. 
 Estoppel of subtenant to qtiestion original 
 
 landlord's title. 7 L.R.A. (N.S.) 930. 
 Right of tenant to show that landlord part- 
 ed with or lost his title to a third 
 person during tenancy. 38 L.R.A. 
 (N.S.) 863. 
 
 Effect of acts or agreements as to real prop- 
 erty made by one while a tenant to 
 estop him after purchasing the fee. 7 
 L.R.A.(N.S.) 614. 
 Consult also L.R.A. Digests of Cases. 
 
 ESTOPPEL, III. j cont'd 
 
 37. Of partner. 
 
 Of partner as to real property. 28 L.R.A. 
 
 105. 
 
 Partnership liability by. 18 L.R.A. (N.S.) 
 988. 
 
 Tc. Who may set up. 
 
 38. Generally. 
 
 Estoppel of beneficiaries to charge personal 
 representative with losses sustained in 
 carrying on business. 40 L.R.A. (N.S.) 
 234. 
 
 Right of bank in action by holder for pro- 
 ceeds of commercial paper collected by 
 it, to avail itself of defenses that would 
 have been available in an action on the 
 paper. 26 L.R.A. (N.S.) 1098. 
 
 I. Effect of estoppel. 
 
 39. Generally. 
 
 On right to injunction against action or 
 proceeding in foreign jurisdiction. 25 
 L.R.A. (N.S.) 272. ,^....y 
 
 On rights and remedies of creditor who is 
 also a stockholder of an insolvent cor- 
 poration. 41 L.R.A. (N.Si) 1001. 
 
 Title by estoppel, as marketable title. 38 
 L.R.A.(N.S.) 26. 
 
 In pais against defendant as basis for ac- 
 tion to recover real estate. 16 L.R.A. 
 813. 
 
 ESTOPPEL IN PAIS. 
 
 See ESTOPPEL, III. 
 
 ESTOVERS. 
 
 Common of estovers. 68 L.R.A. 649. 
 Customary estovers of life tenant. 37 
 
 L.R.A. (N.S.) 764. 
 Husband's right to estovers on land held 
 
 by entireties. 30 L.R.A. 309. 
 
 ESTRAYS. 
 
 See ANIMALS. 
 
 EUROPEAN PLAN. 
 
 Proprietor of hotel conducted on, as keeper 
 of a restaurant within license statute 
 or ordinance. 37 L.R.A. (N.S.) 566. 
 
 EVAPORATION. 
 
 Facilitation of, see WATERS, 26.
 
 
 INDEX TO L.R.A. NOTES. 
 
 EVERYTHING. 
 
 Construction of word "everything" as used 
 in devise or legacy. L.R.A.1918A, 224 
 
 EVICTION. 
 
 Of tenant, see LANDLORD AND TENANT, 32, 
 33, 83. 
 
 Necessity of, to maintenance of action for 
 breach of covenant of warranty of title 
 or of seisin. 17 L.R.A.(N.S.) 1178. 
 
 EVIDENCE. 
 
 7. In general, 1. 
 II. Judicial notice, 2-17. 
 
 a. By court, 2-16. 
 
 b. By jury, 17. 
 
 III. Presumptions and burden of 
 proof, IS- 117. 
 
 a. In general, IS. 
 
 b. As to fairs, 19, 2O. 
 
 c. Exceptions or exemptions; 
 
 defenses, 21. 
 
 d. Concerning persons, 22- 
 
 56. 
 
 1. Status, relation, or con- 
 
 dition, 22-24. 
 
 2. Character; identity; 
 
 marriage; divorce, 
 25-29. 
 
 8. Death; survivorship; 
 suicide, 3O-32. 
 
 4. Assent; authority; li- 
 
 cense, 33-36. 
 
 5. Knowledge; notice; san- 
 
 ity; capacity; intent, 
 37-42. 
 
 6. Malice; motive; prob- 
 
 able cause, 43-46. 
 
 7. Fraud or good faith; un- 
 
 due influence, 47- 
 53. 
 
 S. Truth; falsity; inno- 
 cence; guilt, 54- 
 55a. 
 
 P. Against 
 
 suppressor or 
 destroyer of evidence, 
 56. 
 
 e. Corporate matters; carriers, 
 
 57-59. 
 
 f. Cause; continuance, 6O- 
 
 61a. 
 
 g. Care; negligence; res ipsa 
 
 loquitur, 62-S4. 
 1. Of person causing in- 
 ./'"/. 62-79. 
 
 (a) In general, 62- 
 
 60. 
 
 (b) Of carriers, 7O, 
 71. 
 
 (c) Railroads; street 
 rail trays, 72- 
 75a. 
 
 (d) On highway, 76. 
 Begin irith this book on every law question. 
 
 EVIDENCE, III. g, 1 cont'd 
 
 (e) Of master, 77, 
 78. 
 
 (f) Miscellaneous, 79. 
 2. Contributory negligence, 
 
 80-84. 
 
 (a) In general, SO, 
 81. 
 
 (b) On highway, 82. 
 
 (c) Of servant, S3. 
 
 (d) Of parent, 84. 
 
 h. As to official acts, 85-88. 
 
 i. As *to rights, contracts, in- 
 struments, and prop- 
 erty, 89-lO5a. 
 
 1. In general, 89-94. 
 
 2. Different instrument*. 
 
 95-103a. 
 
 3. Ownership; title; pos- 
 
 session; occupation, 
 104-lO5a. 
 j. Payment; value, 1O6- 
 
 lO7a. 
 Ic. Miscellaneous civil matters r 
 
 108-111. 
 I. Criminal matters, 112- 
 
 117. 
 IV. Best and secondary evidence, 
 
 118-121. 
 
 V. Documentary evidence, $ 122- 
 15O. 
 
 a. In general, 122-125. 
 
 b. Records, reports, and or- 
 
 ders; legislative journals* 
 126-130. 
 
 C. Judgments; findings; plead- 
 ings, 131-133a. 
 
 d. Depositions, former testi- 
 
 mony, and affidavits, 
 134. 
 
 e. Memoranda; receipts, 
 
 135, 136. 
 /. Letters; telegrams, 137* 
 
 138. 
 
 g. Account books, 139-144. 
 h. Entries in family Bible or 
 
 other religious book, # 
 
 145. 
 i. Scientific books and treatises r 
 
 146. 
 
 j. Mortality tables, 147. 
 Tc. Miscellaneous documents, 
 
 148. 
 I. For purposes of comparison, 
 
 149. 
 m. Putting whole writing in 
 
 evidence, ISO. 
 
 VI. Demonstrative evidence; articles 
 and things; view of fury> 
 151-159. 
 VII. Parol and extrinsic evidence as. 
 
 to writing, 16O-184. 
 
 a. In general, 16O. 
 
 b. Custom, 161. 
 
 c. Prior and collateral parol 
 
 agreements, 162, 163. 
 
 d. Subsequent changes, 164. 
 
 e. Meaning; intention; expla- 
 
 nation, 165-168. 
 
 f. As to commercial paper, 
 
 169-174.
 
 INDEX TO L.Px.A. NOTES. 
 
 489 
 
 EVIDENCE, VII. cont'd 
 
 fir. As to consideration, 175, 
 176. 
 
 h. Fraud; surprise; mistake; 
 omissions, 177-179. 
 
 i. Condition; trust; mortgage, 
 18O-182. 
 
 j. To identify subject or per- 
 sons, 183. 
 
 fc. Character of party, 184:. 
 Will. Opinions and conclusions; expert 
 testimony, 1S5-2O6. 
 
 a. In general, 185. 
 
 b. Hypothetical questions, 
 
 186. 
 
 c. Cause and effect, 187. 
 
 d. Intoxication, 188. 
 
 e. Sanity and mental capacity, 
 
 189-193. 
 
 f. Value; damages; speed, 
 
 194, 195. 
 
 g. Negligence; intent, 196, 
 
 197. 
 
 h. Handwriting, typewriting; 
 finger prints, 198 
 2O5b. 
 
 i. Miscellaneous, 2O6. 
 IX. Confessions; involuntary evi- 
 dence, 2O7-214. 
 X. Admissions, 215. 
 XI. Declarations; hearsay; res 
 gestae ; privileged commu- 
 nications, 216-245. 
 a. In general, ^ 216-219. 
 It. Privileged communications, 
 
 22O-22 6. 
 
 C. Party's own acts and decla- 
 rations, 227. 
 
 d. Acts and declarations of 
 
 third person generally, 
 228-233a. 
 
 e. Acts and declarations of 
 
 agent, cobeneflciary , part- 
 ner, or co-conspirator, 
 234-237. 
 
 f. Complaints of injuries and 
 
 suffering, 238. 
 
 g. Threats, 239. 
 
 h. Conversation by telephone, 
 240. 
 
 i. Conversation through inter- 
 preter, 241. 
 
 j. Dying declarations, 242. 
 
 fc. Former testimony, 243- 
 
 245. 
 
 XII. Relevancy and materiality, 
 246-287. 
 
 a. In general, 346. 
 
 b. Custom; habit; cause, 
 
 247, 248. 
 
 c. Character and reputation, 
 
 249-253. 
 
 d. Mental capacity, 254. 
 
 e. Intent; motive; -fraud; un- 
 
 due influence; malice, 
 255-261. 
 
 f. Value; damages, 262- 
 
 265. 
 
 g. Negligence, 266-269. 
 
 h. Precautions after accident, 
 
 270. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, XII. cont'd 
 
 i. Circumstantial evidence, 
 271. 
 
 j. Similar acts and facts, 
 272-275. 
 
 fc. Rebuttal, 276, 277. 
 
 I. Contracts; personal re- 
 lations, 278-28O. 
 
 m. Ownership; authority, 
 281, 282. 
 
 n. Miscellaneous civil matters, 
 283. 
 
 0. Criminal matters, 284- 
 
 287. 
 
 XIII. Weight; effect; sufficiency, 
 
 288-328. 
 
 a. In general, 288-293. 
 
 b. Negligence, 294. 
 
 c. Matters as to persons, 
 
 295-3O3. 
 
 d. To overcome writing, 3O4. 
 
 e. Of documentary evidence, 
 
 3O5-3O8a. 
 
 f. Contracts, 3O9-311. 
 
 g. Will cases, 312. 
 
 h. Miscellaneous civil cases, 
 313, 314. 
 
 1. Criminal cases, 315-328. 
 1. In general, 315-325. 
 
 2. Various particular 
 crimes, 326-328. 
 
 XIV. Admissibility under pleadings; 
 
 variance, 329333. 
 
 I. In general. 
 
 1. Generally. 
 
 On trial for assault and battery, see AS- 
 SAULT AND BATTERY, 13. 
 
 In action for breach of promise, see BBEACH 
 OF PROMISE, 6. 
 
 In prosecution for burglary, see BURGLARY, 
 5. 
 
 In action on note, see BILLS AND NOTES, 
 70. 
 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, 183. 
 
 Validity of contract to procure, see CON- 
 TRACTS, 103. 
 
 As to self-incrimination generally, see 
 CRIMINAL LAW, 49-53. 
 
 Right to introduce evidence before insurance 
 appraisers, see INSURANCE, 152a. 
 
 Newly discovered evidence as ground for 
 new trial, see NEW TRIAL, 10, 11. 
 
 Newly discovered evidence as ground for 
 bill of review, see REVIEW, 3. 
 
 False evidence, see PERJURY. 
 
 Search and seizure to obtain evidence, see 
 SEARCH AND SEIZURE. 
 
 Reception of, see TRIAL, 12-14. 
 
 Striking out of, see TRIAL, 14. 
 
 Instructions as to, see TRIAL, 61-63. 
 
 As to witnesses generally, see WITNESSES. 
 
 As to competency of witnesses hi general, 
 see WITNESSES, 9-25. 
 
 As to impeachment of witnesses, see WIT- 
 NESSES, 41-44. 
 
 As to examination of witnesses, see WIT- 
 NESSES, III.
 
 490 
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, I. cont'd 
 
 Newly discovered evidence as ground for 
 opening decree of divorce. L.R.A. 
 191 7B, 466. 
 
 Applicability in proceeding to punish 
 criminal contempt of rules of evidence 
 in criminal cases. L.R.A.1917B, 118. 
 
 Rules of evidence under Workmen's Com- 
 pensation Acts. L.R.A.1917D, 182. 
 
 Right of convicted person to maintain an 
 action against witness for negligently 
 giving false evidence. 3 B. R. C. 251. 
 
 Liability of one who procures defamatory 
 testimony to be given. 4 B. R. C. 986. 
 
 Propriety of referring in argument to jury 
 to testimony in previous trials in the 
 same cause/ L.R.A.1918D, 62. 
 
 Comment by counsel in argument to jury 
 upon evidence impropely admitted or 
 excluded. L.R.A.1918D, 76. 
 
 Prosecuting attorney's comments on ex- 
 cluded evidence as ground for reversal. 
 46 L.R.A. 661. 
 
 Jurisdiction of courts of equity to entertain 
 bill to perpetuate testimony. 25 L.R.A. 
 (N.S.) 673. 
 
 Federal courts following state decisions as 
 to rules of evidence. 40 L.R.A.(N.S.) 
 449. 
 
 17. Judicial notice, 
 a. By court. 
 
 2. Laws. 
 
 Presumption and burden of proof as to, see 
 infra, 19. 
 
 Of Federal employers' liability act in action 
 thereunder. 47 L.R.A. (N.S.) 75; 
 L.R.A.1915C, 78. 
 
 Judicial notice of adoption of local-option 
 law. L.R.A.1915B, 788. 
 
 8 3 . of other state or country. 
 
 Presumption and burden of proof as to. see 
 infra, 20. 
 
 4 L.R.A. 41;* 
 
 As 
 
 to law of other state. 
 87 L.R.A. 34. 
 Judicial cognizance of foreign law. 67 
 L.R.A. 33. 
 
 4. Ordinances. 
 
 Of municipal ordinances. 
 
 4 L.R.A. 41.* 
 
 5. Legislative Journals. 
 
 Judicial notice of existence and contents of 
 legislative journals. 40 L.R.A.(N.S.) 
 38. 
 
 6. Customs. 
 
 Of banking customs. 
 
 21 L.R.A. 446. 
 
 7. Courts; judicial matters; records. 
 Of court proceedings. 4 L.R.A. 34.* 
 Of terms of courts. 4 L.R.A. 34.* 
 Of jurisdiction and authority of courts 4 
 L.R.A. 34.* 
 
 8. of records and decrees of court. 
 
 Judicial notice of the court's own records in 
 other actions. 11 L.R.A. (N.S.) 616- 
 29 L.R.A.(N.S.) 905. 
 
 Begin icith this book on every law question. 
 
 EVIDENCE, II. a cont'd 
 
 Right to take judicial notice of decree in 
 proceeding to punish violation of same 
 as contempt. 24 L.R.A. (N.S.) 404. 
 
 9. Political matters. 
 
 Of elections, and changes in office. V 4 L.R.A. 
 
 ' 38.* 
 Of the seal of the state. 4 L.R.A. 41.* 
 
 10. Geographical matters. 
 
 Of geographical and topographical facts. 4 
 
 L.R.A. 39.* 
 Of the civil divisions of the state. 4 L.R.A. 
 
 37.* 
 Of population. 4 L.R.A. 39.* 
 
 11. Officers. 
 
 Of public officers. 4 L.R.A. 37.* 
 
 12. Corporations. 
 
 Of private corporations. 4 L.R.A. 36.* 
 Of public corporations. 4 L.R.A. 36.* 
 
 13. Time. 
 
 Time. 4 L.R.A. 35.* 
 
 14. Place. 
 Place. 4 L.R.A. 35.* 
 
 15. Intoxicating character of Hquor. 
 
 As to intoxicating character of beverages. 
 
 20 L.R.A. 648. 
 Of intoxicating character of mixed drink. 
 
 19 L.R.A.(N.S.) 848. 
 
 Judicial notice or inference as to spiritu- 
 ous, vinous, distilled, malt, fer- 
 . mented, or intoxicating quality of 
 liquor, from its name. 48 L.R.A. 
 (N.S.) 302. 
 
 "Near beer" or other local appellation, as 
 justifying judicial notice as to in- 
 toxicating or other statutory qual- 
 ity of liquor. 48 L.R.A. (N.S.) 315. 
 Judicial notice that "beer" or "lager lieer" 
 is intoxicating. 48 L.R.A.(N.S.) 308. 
 
 16. Other matters. 
 
 Of holidays. 19 L.R.A. 316. 
 
 Of mortality tables in death action. L.R.A. 
 1918C, 1076. 
 
 Of regulations made under the Selective 
 Service Act. L.R.A.1918E, 1018. 
 
 Right of court to decide question as to 
 quickest means of stopping train as a 
 matter of common knowledge. 14 
 L.R.A.(N.S.) 262. 
 
 Judicial notice that certain articles are 
 within provision in fire insurance policy 
 prohibiting presence of designated arti- 
 cles on premises. 3 B. R. C. 47. 
 
 6. By jury. 
 
 1 7. Generally. 
 
 Right of jurors to act on their own knowl- 
 edge of the facts in or relevant to 
 the issue. 31 L.R.A. 48 1 9; 37 
 L.R.A.(N.S.) 790.
 
 EVIDENCE cont'd 
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, III. cont'd 
 
 491 
 
 III. Presumptions and burden of proof, 
 a. In general. 
 
 18. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL, LAW, 183. 
 
 Burden of proof in ejectment, see EJECT- 
 MENT, 14. 
 
 As to effect of tax deeds, see TAXES, 81. 
 
 Effect of admissions on burden of proof, 
 see TRIAL, 9. . 
 
 Effect of admission to change burden of 
 
 proof. 61 L.R.A. 513. 
 Effect of preumptions created by workmen's 
 
 compensation acts. L.R.A. 1917D, 183. 
 
 Z>. As to laivs. 
 
 19. Generally. 
 
 Judicial notice as to, see supra, 2. 
 Presumption as to statutory authority to 
 permit nuisance, see NUISANCES, 29. 
 
 As to regularity of legislative action in 
 passing bill. 67 L.R.A. 966. 
 
 Presumption as to regular enactment of 
 bills. 40 L.R.A. (N.S.) 36. 
 
 20. Of other state or country. 
 
 Judicial notice as to, see supra, 3. 
 Oral evidence as to, see infra, 119. 
 
 Presumption as to law of foreign country. 
 34 L.R.A.(N.S.) 261; 38 L.R.A. (N.S.) 
 40. 
 
 As to law of other state or country. 21 
 L.R.A. 471; 67 L.R.A. 33. 
 
 Presumption as to authority of notary pub- 
 lic of another state or country to ad- 
 minister an oath. L.R.A.1916A, 1169. 
 
 c. Exceptions or exemptions; defenses. 
 
 21. Generally. 
 
 Burden of establishing defense of falsity of 
 statement by insured respecting family 
 history. L.R.A.1917C, 876. 
 
 Duty of insured to negative death or acci- 
 dent from excepted cause. 4 L.R.A. 
 (N.S.) 636; 50 L.R.A.(N.S.) 1006. 
 
 Burden of proof as to provisions in insur- 
 ance policies forbidding use of intoxi- 
 cating liquor. 15 L.R.A.(N.S.) 212. 
 
 Must a claimant of land show that it is not 
 included within the exceptions from the 
 grant or conveyance on which he relies. 
 5 L.R.A. (N.S.) 156. 
 
 Presumption of exemption from local as- 
 sessments of public property, including 
 schools. 18 L.R.A. (N.S.) 453. 
 
 Burden of proof when the defense in an 
 action to recover for loss or injury to 
 goods during carriage is act of God or 
 vis major. L.R.A.1915D, 547. 
 
 Presumption and burden of proof as to self- 
 defense or justification in a civil action 
 for intentional killing of another. 
 L.R.A. 1918A. 359. 
 
 lt tilso L.R.A. Digests of Cases. 
 
 d. Concerning persons. 
 1. Status, relation, or condition. 
 
 22. Generally. 
 
 As to relation of vice principal. 54 L.R.A. 
 61. 
 
 Existence of relation of master and servant 
 between parent and child committing 
 tort. 10 L.R.A. (N.S.) 942. 
 
 Does fact that name signed to bill or note 
 below signature of another obligor i& 
 that of a partnership raise presumption' 
 that it is a surety only. 10 L.R.A. 
 (N.S.) 426. 
 
 Presumption as to death without issue. 4 
 B. R. C. 632. 
 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car or employment of driver. 46 L.R.A. 
 (N.S.) 1091. 
 
 Presumption as to possibility of issue aa 
 affecting property rights. 48 L.R.A. 
 (N.S.) 865. 
 
 Burden of proof of condonation of matri- 
 monial offense. 6 B. R. C. 674. 
 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car or employment of driver. L.R.A. 
 1918D, 924. 
 
 Conclusive presumption of dependency with- 
 in meaning of Workmen's Compensa- 
 tion Statutes. L.R.A.1918F, 491. 
 
 23. Citizenship. 
 
 Presumption of citizenship from residence. 
 
 8 L.R.A.(N.S.) 1245. 
 Presumption and burden of proof as to 
 
 citizenship of locator of mining claim. 
 
 7 L.R.A.(N.S.) 815. 
 
 24. As to legitimacy. 
 
 Sufficiency of evidence as to, see infra, 
 296. 
 
 Proof necessary to establish bastardy f 
 child born to married woman. 36 
 L.R.A.(N.S.) 255. 
 
 Status of child begotten after ^divorce be- 
 tween parents. 51 L.R.A. (N.S.) 308. 
 
 2. Character; identity; marriage; 
 divorce. 
 
 25. Character. 
 
 Relevancy of evidence as to, see infra, XII. 
 
 c. 
 Sufficiency of evidence as to, see infra, XIII. 
 
 c. 
 
 Presumption as to character of independent 
 
 contractor. 65 L.R.A. 459. 
 As to good character of accused. 20 L.R.A. 
 
 609; 46 L.R.A. (N.S.) 342. 
 
 Presumption and burden of proof as to 
 
 chastity where it is an ingredient 
 
 of the offense or a condition of 
 
 conviction. 43 L.R.A. (N.S.) 476.
 
 492 
 
 INDEX TO L.R.A. NOTES. 
 
 KVIDKXCE, III. d, 2 confd 
 
 26. Identity. 
 
 As to identity of person from identity of 
 
 name. 17 L.R.A. 824. 
 .In criminal cases. 4 L.R.A. (N.S.) 539. 
 
 27. Marriage. 
 
 Presumptions flowing from marriage cere- 
 mony, see infra, 28. 
 
 Sufficiency of evidence as to, see infra, 
 295. 
 
 Presumption of marriage from habit and 
 repute. L.R.A. 1915E, 33, 72. 
 
 Presumption of marriage from continued 
 cohabitation following removal of im- 
 pediment. L.R.A.1915E, 91. 
 
 Sufficiency of circumstantial evidence to im- 
 ply marriage. L.R.A.1915E, 60. 
 
 Presumption as to validity of former mar- 
 riage in prosecution for bigamy. 9 
 L.R.A.(N.S.) 1036. 
 
 28. Presumption from marriage 
 ceremony. 
 
 Presumptions flowing from marriage cere- 
 mony. 14 L.R.A. 540; 16 L.R.A. (N.S.) 
 98; 34 L.R.A.(N.S.) 940; L.R.A.1915E, 
 186. 
 
 29. Divorce. 
 
 Burden of proof where divorce decrees are 
 attacked. L.R.A.1917B, 433. 
 
 Presumption frorn marriage ceremony as to 
 dissolution of previous marriage by di- 
 vorce. 14 L.R.A. 543; 16 L.R.A. (N.S.) 
 106; 34 L.R.A. (N.S.) 940; L.R.A. 
 1915E, 186. 
 
 3. Death; survivorship; suicide. 
 
 $30. Death. 
 
 Presumption as to death of former spouse. 
 14 L.R.A. 542; 16 L.R.A. (N.S.) 105; 
 L.R.A.1915E, 386. 
 Presumption of death from absence. L.R.A. 
 
 1915B, 729. 
 
 Necessity of inquiry to raise presump- 
 tion. 2 L.R.A. (N.S.) 809; 28 
 L.R.A. (N.S.) 178; L.R.A.1915B, 
 740. 
 
 Effect of presumption of death from ab- 
 sence upon payment of life insurance 
 
 EVIDENCE, III. d, 3 cont'd 
 
 Validity of by-law of mutual benefit society 
 refusing to pay indemnity upon pre- 
 sumption of death from seven years' 
 absence. L.R.A.1915B, 793: L.R.A. 
 1917C, 1032. 
 
 Burden of proving death of employee in pro- 
 ceedings under Workmen's Compensa- 
 tion Act. L.R.A.1917D, 113. 
 
 31. Survivorship. 
 
 Among those who perish in common calam- 
 ity. 10 L.R.A. 550;* 51 L.R.A. 
 863. 
 
 32. Suicide. 
 
 As to suicide. 35 L.R.A. 263. 
 
 4. Assent; authority; license. 
 
 33. Assent. 
 
 Presumption of assent to statement of ac- 
 count retained without objection. 29 
 L.R.A.(N.S.) 348; L.R.A.1917C, 45.">. 
 
 Circumstances from which owner's consent 
 to making of improvements by lessee or 
 vendee may be inferred. 23 L.R.A. 
 (N.S.) 612;~L.R.A.1917D, 583. 
 
 Presumption of consent of creditor to as- 
 sumption of debts on dissolution of 
 partnership. 48 L.R.A. (N.S.) 552. 
 
 34. Authority; agency. 
 
 Presumption as to authority of one found at 
 place of payment designated who is not 
 in possession of the securities. 21 
 L.R.A. (N.S.) 52. 
 
 Burden of proof as to authority for arrest 
 in action for false imprisonment. 10 
 L.R.A.(N.S.) 303. 
 
 Presumption as to authority to place build- 
 ing on another's land. * 9 L.R.A. (N.S.) 
 603. 
 
 Statutory authority to commit nuisance not 
 to be presumed. 70 L.R.A. 579. 
 
 Presumption of agent's authority to sell in- 
 toxicating liquor in violation of law. 
 4.1 L.R.A. 672; 16 L.R.A. (N.S.) 786; 
 20 L.R.A.(N.S.) 321; 33 L.R.A. (N.S.) 
 419. 
 
 1918B. 93. 
 
 premiums, filing proofs, and operation \ As to power of insurance agent to make 
 Statutes of Limitations. L.R.A. i parol contract of insurance. 22 L.R.A. 
 
 773. 
 
 Inferring from usage authority of insur- 
 ance agent to bind insured by trans- 
 ferring risk from one company to an- 
 other represented by agent. 51 L.R.A. 
 (N.S.) 539. 
 
 Inference of employee's authority to expel 
 trespassers from his practice of doing 
 so. 34 L.R.A.(N.S.) 693. 
 
 Abridgment of time necessary to raise pre- 
 sumption of death. L.R.A.1915B, 
 744. 
 
 Place from which absence must be shown in 
 order to raise presumption of 
 death. L.R.A.1915B, 749. 
 Presumption as to time of death of one 
 presumed to be dead after seven years' 
 absence, unheard of. 26 L.R.A. ('N.S ) 
 294; L.R.A.1915B, 756. 
 
 <"3ap in record title as remedied by presump- 
 tion of death or of death without is- 
 sue. 38 L.R.A. (N.S.) 24. 
 Presumption that drowning of insured was 
 accidental. 42 L.R.A. (N.S.) 635. 
 
 with this Itook on every Ian question. 
 
 Presumptive agency of wife to purchase 
 necessaries arising from cohabitation. 
 (!.', L.R.A. f>39: 47 L.R.A. (N.S.) 281. 
 
 Presumption that a contract within the 
 powers of a corporation is within the 
 authority of its president. 7 L.R.A. 
 (N.S.) 370.
 
 INDEX TO L.R.A. NOTES. 
 
 493 
 
 EVIDENCE, III. d, 4 cont'd ; ;j 
 
 The burden of showing that use upon which I 
 an easement by prescription is claimed | 
 was permissive, and not under claim of 1 
 right. 8 L.R.A. (N.S.) 149; 44 L.R.A. j 
 (N.S.) 98. 
 
 Implication of child's authority to bind 
 parent by contracts other than for 
 necessaries from parent's payment of 
 debt contracted by child. 39 L.R.A. 
 (N.S.) 884. 
 
 Implication of child's authority to bind 
 parent by contracts other than those 
 for necessaries from use of father's 
 name on notes, etc. 39 L.R.A. (N.S.) 
 884. 
 
 Presumption of continuance of agency. 1 
 L.R.A. (N.S.) 891. 
 
 Making priina facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car, or employment of driver. 46 L.R.A. 
 (N.S.) 1091; L.R.A.1918D, 924. 
 
 Implied authority of an agent for the sale 
 of personal property to warrant the 
 same. L.R.A. 1916C, 412. 
 
 35. of attorney. 
 
 Presumption that attorney appearing in ac- 
 tion has full authority to do so. 21 
 L.R.A. 848. 
 
 Presumption as to authority of attorney to 
 compromise cause of action. 31 L.R.A. 
 (N.S.) 531. 
 
 Presumption as to authority of attorney 
 to bind client by consent decree. 46 
 L.R.A. (N.S.) 753. 
 
 36. License. 
 
 Burden of proof as to physician's license in 
 suit to recover for services. 8 L.R.A. 
 
 (N.S.) 1238. 
 
 .5. Knowledge; notice; sanity; capacity; 
 intent. 
 
 37. Knowledge or notice. 
 
 As to master's knowledge as element of neg- 
 ligence. 41 L.R.A. 149. 
 
 As to testator's knowledge of contents of 
 his will. L.R.A.1918D, 747. 
 
 That new promise to pay note after failure 
 to give notice of dishonor was made 
 with knowledge of the laches. 29 
 L.R.A. 314. 
 
 As to knowledge of vein or lode within 
 placer claims. 50 L.R.A. 292. 
 
 Presumption as to knowledge of nonexpert 
 witness to handwriting. 63 L.R.A. 968. 
 
 Necessity of proving scienter in action for 
 fraud in misrepresentations as to lo- 
 cation of property sold. 38 L.R.A. 
 (N.S.) 306. 
 
 Presumption of notice from nature or word- 
 ing of telegram that negligence in re- 
 spect thereto might cause mental an- 
 guish. 49 L.R.A. (N.S.) 315. 
 
 38. Sanity; capacity. 
 
 Opinion evidence as to, see infra, 
 
 189-193. 291, 292. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, III. d, 5 cont'd 
 
 Relevancy of evidence as to, see infra, 
 
 254. 
 Sufficiency of evidence as to, see infra, 
 
 291, 292, 297, 298, 316. 
 Presumption as to continuance, see infra, 
 
 61a. 
 
 Presumption and burden of proof as to san- 
 ity. 36 L.R.A. 721. 
 As to sanity at time of marriage. 40 
 
 L.R.A. 742. 
 
 As to sanity of witness. 37 L.R.A, 
 426; 46 L.R.A. (N.S.) 1030. 
 
 As to mental and physical conditions of 
 one whose dying declarations are 
 offered in evidence. 56 L.R.A. 418. 
 
 Presumption as to whether child is capable 
 of contributory negligence. L.R.A. 
 1917F, 42. 
 
 39. of testator. 
 
 Sufficiency of evidence as to, see infra, 
 
 298. 
 
 As to testamentary capacity. 17 L.R.A. 
 
 494; 36 L.R.A. 724, 733. 
 Burden of proving sanity with relation to 
 
 wills. 36 L.R.A. 733. 
 
 As to effect of drunkenness upon testament- 
 ary capacity. 39 L.R.A. 226. 
 
 40. of accused. 
 
 Sufficiency of evidence as to, see infra, 
 316. 
 
 Presumption and burden of proof as to 
 sanity in criminal cases. 36 L.R.A. 
 722, 727; 44 L.R.A. (N.S.) 119. 
 
 Burden of proof on issue of present in- 
 sanity of defendant in criminal prose- 
 cution. 34 L.R.A. (N.S.) 1115. 
 
 Right of jury to abide by presumption of 
 defendant's sanity as against uncontra- 
 dicted evidence to contrary. 24 L.R.A. 
 (N.S.) 545. 
 
 41. Intent. 
 
 Parol evidence as to, see infra, 166. 
 Opinion evidence as to, see infra, 197. 
 Relevancy of evidence as to, see .infra, 
 
 255, 256. 
 Sufficiency of evidence as to, see infra, 
 
 299. 
 
 Presumed intention of parties to contract 
 with carrier. 18 L.R.A. (N.S.) 880. 
 
 Presumption of general intent from record- 
 ing deed or delivering for record. 54 
 L.R.A. 885. 
 
 As to intent characterizing omission of in- 
 ternal revenue stamp. 48 L.R.A. 30!). 
 
 Necessity of proving that "intent to charge 
 for services rendered by relative or 
 member of household was entertained 
 at time of their rendition. 11 L.R.A. 
 (N.S.) 911. 
 
 Inference of fraudulent intent from- gran- 
 tee's oral promise to grantor to hold in 
 trust. 39 L.R.A. (N.S.) 911. 
 
 Of creditors' participation in debtor's 
 fraudulent intent in making transfer- 
 31 L.R.A. 646; 32 L.R.A. 71.
 
 494 
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, III. d, 5 cont'd 
 
 liitViriici: of intent to sell intoxicating 
 liquor from possession. 39 L.R.A. 
 .*.) 534. 
 
 Intent of one purchasing goods with knowl- 
 edge that he cannot pay for them. 44 
 L.R.A.(N.S.) 21. 
 
 Presumption and burden of proof in action 
 on insurance policy exempting insurer 
 or limiting its liability in case of in- 
 jury intentionally inflicted by another. 
 48 L.R.A.(N.S.) 521. 
 
 As to intent of grantor in case of convey- 
 ance to one and his children to give the 
 children an estate jointly or in com- 
 mon with the parent or a remainder 
 upon a life estate in the parent. L.R.A. 
 1917B, 76. 
 
 $ 42. of testator. 
 
 Parol evidence as to, see infra, 167. 
 Relevancy of evidence as to, see infra, 
 257. 
 
 Presumption of intent to revive revoked 
 
 will. 37 L.R.A. 577. 
 Presumption as to testator's intent to 
 
 adeem general legacy by gift. 38 
 
 L.R.A.(N.S.) 589; L.R.A.1916C, 618. 
 Presumption of satisfaction of debt by 
 legacy or devise to creditor. L.R.A. 
 1915B, 1156. 
 Presumptive meaning of testamentary gift 
 
 to one and his children. L.R.A.1917B, 
 
 0. 
 
 C. Malice; motive; probable cause. 
 
 43. Malice. 
 
 Relevancy of evidence as to, see infra, 
 261. 
 
 Whe*h malice may be inferred in action for 
 malicious prosecution. 9 L.R.A. (N.S.) 
 1087. 
 
 Instruction, in action for malicious prosecu- 
 tion, that malice may be inferred from 
 want of probable cause. L.R.A.1918A, 
 872. 
 
 43a. iii libelous statement. 
 
 Presumptions and burden of proof where 
 action for defamation is brought in 
 respect to statements made in character 
 of witness. 4 B. R. C. 971. 
 
 May malice, which precludes qualified privi- 
 lege be inferred from publication alone. 
 12 L.R.A.(N.S.) 91. 
 
 Circumstances from which malice in giving 
 or refusing information as to char- 
 acter or reputation of servant may be 
 inferred. 4- L.R.A. (N.S.) 1115. 
 
 Where communication is qualifiedly privi- 
 leged. 3 L.R.A.(N.S.) 696. 
 
 g 44. from act of killing. 
 
 Presumption of malice from killing. 4 
 
 L.R.A. (N.S.) 934. 
 Presumption as to implied malice arising 
 
 from act of killing. 38 L.R.A. (N.S.) 
 
 1077. 
 
 Begin irith. this boote on every law question. 
 
 EVIDENCE, III. d, 6 cont'd 
 45. Motive. 
 
 Relevancy of evidence as to, see infra, 258. 
 Of proper motive of teacher in punishing 
 pupil. 65 L.R.A. 894. 
 
 46. Probable cause. 
 
 Sufficiency of evidence as to, see infra, 303. 
 
 When malice may be inferred in action for 
 malicious prosecution. 9 L.R.A. (N.S.) 
 1087. 
 
 Effect on presumption of probable cause for 
 prosecution of fact that conviction was 
 procured by fraud, perjury, or other un- 
 due means. 15 L.R.A. (N.S.) 1143. 
 
 Effect of release without prosecution to cre- 
 ate presumption of want of probable 
 cause. 12 L.R.A. (N.S.) 717; L.R.A. 
 1918D, 1137. 
 
 Discharge of accused by examining magis- 
 trate as evidence of want of probable 
 cause. 64 L.R.A. 481; 3 L.R.A. (N.S.) 
 929. 
 
 7. Fraud or good faith; undue influ- 
 ence. 
 
 47. Fraud generally. 
 
 Parol evidence as to fraud, see infra, 177. 
 Relevancy of evidence as to, see infra, 259. 
 Sufficiency of evidence as to, see infra, 
 301. 
 
 Power of legislature to enact prima facie 
 rules of evidence as to fraud in crim- 
 inal cases. L.R.A. 1915C, 732, 733. 
 
 Necessity of proving fraud in civil action. 
 33 L.R.A. (N.S.) 837. 
 
 Of broker. 45 L.R.A. 53. 
 
 In inspection of negotiable instrument. 10 
 L.R.A. 679;* 17 L.R.A. 328. 
 
 In respect to will. 36 L.R.A. 737. 
 
 Necessity of proving scienter in action for 
 fraud in misrepresentations as to lo- 
 cation of property sold. 38 L.R.A. 
 (N.S.) 306. 
 
 Of one purchasing goods with knowledge 
 that he cannot pay for them. 44 L.R.A. 
 (N.S.) 21. 
 
 Presumption from fact of immediate de- 
 parture from state after proc'iiring di- 
 vorce. 44 L.R.A. (N.S.) 6S9. 
 
 Burden of proof where conveyance of wife's 
 real property to husband through a 
 third person is attacked. L.R.A.1915C, 
 771. 
 
 Burden of proof as to payment of value 
 by, or notice of fraud to, subvendee of 
 chattels, when original seller seeks to 
 rescind for fraud of first purchaser. 
 8 L.R.A. (N.S.) 448. 
 
 Necessity of proving fraud in use of geo- 
 graphical name as a trademark or trade 
 name or on the ground of unfair compe- 
 tition. 26 L.R.A. (N.S.) 75. 
 
 48. Fraud of creditors. 
 
 Sufficiency of evidence as to, see infra, 
 302. 
 
 In transfer of property by debtor in sat- 
 isfaction of debt. 36 L.R.A. 361.
 
 INDEX TO L.R.A. NOTES. 
 
 495 
 
 EVIDENCE, III. d, 7 cont'd 
 
 .Rebuttal of presumption of acceptance of 
 assignments hindering, delaying, or de- 
 frauding creditors. 24 L.R.A. 376. 
 
 As to participation by transferee in fraudu- 
 lent intent of debtor in making trans- 
 fer. 31 L.R.A. 646; 32 L.R.A. 71. 
 
 Burden of proof as to conveyance by hus- 
 band in fraud of wife's support when 
 bona fides are alleged. 18 L.R.A. 
 (N.S.) 1155. 
 
 49. from retention of possession. 
 
 May presumption of fraud following from 
 retention of chattel by vendor be 
 overcome. 24 L.R.A. (N.S.) 1127. 
 
 50. burden of proving husband's 
 debt on account of property re- 
 ceived from wife. 
 
 lif contests between themselves or persons 
 claiming under them. 56 L.R.A. 
 817. 
 
 In contests with creditors. 56 L.R.A. 823. 
 
 Exceptions to the above rules. 56 L.R.A. 
 845. 
 
 51. Good faith. 
 
 Burden of showing good faith on privileged 
 occasion. 3 L.R.A. (N.S.) 696. 
 
 Burden of proving good faith on holder of 
 negotiable instrument. 17 L.R.A. 328. 
 
 Does fact that negotiable instrument was, 
 contrary to agreement, transferred be- 
 fore happening of a certain contingency 
 impose burden of proof as to bona fides 
 upon the holder. 22 L.R.A. (N.S.) 718. 
 
 Burden of proof as to. bona fides of trans- 
 feree of warehouse receipts for property 
 secured by fraud. 10 L.R.A. (N.S.) 
 801. 
 
 Burden of proof as to bona fides of pur- 
 chaser claiming against prior un- 
 recorded conveyance or encum- 
 brance. 36 L.R.A. (N.S.) 1124.' 
 
 Burden of proof as to good faith of one 
 accused of larceny who claims to have 
 taken the property in good faith under 
 an honest claim of right. 41 L.R.A. 
 (N.S.) 554. 
 
 52. Undue influence. 
 
 Relevancy of evidence as to, see infra, 260. 
 Sufficiency of evidence as to, see infra, 
 300. 
 
 Presumption and burden of proof as to un- 
 due influence respecting gifts inter 
 vivos from parent to child. 35 
 L.R.A.(N.S.) 944. 
 
 Character of presumption as to undue influ- 
 ence in gift to mistress. 11 L.R.A. 
 (N.S.) 554. 
 
 Burden of proof as to undue influence in 
 conveyance or transfer of property in 
 consideration of support of the grantor 
 or a third person. 52 L.R.A.(N.S.) 
 476. 
 Consult also L.R.A. Digests of Cnses. 
 
 EVIDENCE, III. d, 7 cont'd 
 
 Burden of proof where conveyance of wife's 
 real property to husband through a 
 third person is attacked. L.R.A. 1915C, 
 771. 
 
 53. on testator. 
 
 In respect to will. 36 L.R.A. 737. 
 
 Presumption of undue influence from un- 
 natural testamentary disposition. 6 
 L.R.A. (N.S.) 202; 22 L.R.A. (N.S.) 
 1024. 
 
 Character of presumption in bequest to mis- 
 tress. 11 L.R.A.(N.S.) 554. 
 
 Inference of undue influence from meretri- 
 cious relations between testator and 
 beneficiary. 17 L.R.A. (N.S.) 477. 
 
 Effect on burden of proof of circumstance 
 that one benefited by will was the 
 draftsman thereof or active in procur- 
 ing its execution. 28 L.R.A. ( N.S .> 
 275, 284, 288. 
 
 S. Truth; falsity; innocence; guilt. 
 
 54. Truth. 
 
 Instruction that witness is presumed to 
 speak truth as invading province of 
 jury. 14 L.R.A.(N.S.) 947. 
 
 Burden of establishing defense of falsity of 
 statements by insured respecting fam- 
 ily history. L.R.A.1917C, 876. 
 
 55. Innocence. 
 
 In habeas corpus proceeding. 22 L.R.A. 
 
 678. 
 
 In civil action. 33 L.R.A.(N.S.) 841. 
 In proceeding to punish criminal contempt. 
 
 L.R.A.1917B, 122. 
 
 55a. Guilt. 
 
 Flight as creating presumption of guilt. 
 39 L.R.A.(N.S.) 58. 
 
 Production of bill of sale as repelling in- 
 ference or presumption of guilt from 
 possession of recently stolen property. 
 39 L.R.A.(N.S.) 320. 
 
 Presumption and burden of proof in bas- 
 tardy proceedings. L.R.A.1918C, 891. 
 
 9. Against suppressor or destroyer of 
 evidence. 
 
 56. Generally. 
 
 Presumption from failure to produce evi- 
 dence. 14 L.R.A. 470. 
 
 Where a party fails to introduce documen- 
 tary (the "best") evidence which would 
 properly be a part of the case. 34 
 L.R.A. 582. 
 
 Where a party fails to produce evidence 
 after demand or notice by the party 
 entitled to the production thereof. 34 
 L.RA. 581. 
 
 Where a party adversely interested destroys 
 or withholds evidence to which the ad- 
 versary is entitled. 34 L.R.A. 585.
 
 INDEX TO L.K.A. NOTES. 
 
 EVIDENCE, III. cont'd 
 
 e. Corporate mutters; carriers. 
 
 g 57. Generally. 
 
 As to incorporation. 
 Presumption that a 
 
 22 L.R.A. 276. 
 contract within 
 
 the 
 
 powers of a corporation is within the 
 authority of its president. 7 L.R.A. 
 (N.S.) 376. 
 
 As to fairness of contracts between corpora- 
 tions having common directors or offi- 
 cers. 33 L.R.A. 796. 
 
 As to negligence of corporate directors. 55 
 L.R.A. 758. 
 
 g 58. As to quorum. 
 
 Presumption as to quorum for meeting of 
 stockholders. 21 L.R.A. 175. 
 
 8 59. Matters relating to carriers. 
 
 Negligence of carrier, see infra, 70, 71. 
 
 Presumed intention of parties to contract 
 with carrier. 18 L.R.A. (N.S.) 880. 
 
 /. Cause; continuance. 
 
 8 60. Cause. 
 
 Relevancy of evidence as to, see infra, 
 248. 
 
 As to cause of delay in prosecution. 56 
 L.R.A. 536. 
 
 Burden of proving cause of loss of insured 
 property in case of explosion. 38 
 L.R.A.(N.S.) 477. 
 
 Burden of proof under fall of building 
 clause in fire insurance policies. 32 
 L.R.A.(N.S.) 608; L.R.A. 1917F, 1065. 
 
 Possible inference that accident to servant 
 was due to negligence of fellow servant. 
 6 L.R.A. (N.S.) 354. 
 
 Burden of proof when the defense in an 
 action to recover for loss or injury to 
 goods during carriage is act of God or 
 vis major. L.R.A.1915D, 547. 
 
 Possible inference that accident to servant 
 was due to negligence of fellow servant. 
 L.R.A.1917E, 52, 194, 208, 215, 232, 241, 
 249. 
 
 Burden of proving cause of death or injury 
 in proceedings under Workmen's Com- 
 pensation Act. L.R.A.1917D, 113. 
 
 g 61. Continuance. 
 
 Presumption of continuance of agency. 1 
 
 L.R.A.(N.S.) 891. 
 Presumption of continuance of marriage. 
 
 16 L.R.A. (N.S.) 101, 105; L.R.A.1915E, 
 
 186. 
 
 g 6 la. of insanity. 
 
 Habitual insanity. 35 L.R.A. 117. 
 
 Temporary insanity. 35 L.R.A. 119. 
 
 Habitual and temporary insanity distin- 
 guished. 35 L.R.A. "120. 
 
 Alcoholism and alcoholic insanity. 35 
 L.R.A. 122. 
 
 Presumption of continuance of a lucid in- 
 terval. 35 L.R.A. 123. 
 
 Nature of the presumption. 35 L.R.A. 
 123. 
 
 Begin with this book on every laic question. 
 
 EVIDENCE, III. cont'd 
 g. Care; negligence; res ipsa loquitur*. 
 1. Of person causing injury, 
 (a) In general. 
 
 8 62. Generally. 
 
 Opinion evidence as to, see infra, VIII, g. 
 Relevancy of evidence as to, see infra, XII. 
 
 g; 
 
 Sufficiency of evidence as to, see infra, 
 XIII, b. 
 
 What law governs. 56 L.R.A. 223. 
 
 Power of legislature, to make injury prima 
 
 facie evidence of negligence. 32 L.R.A. 
 
 (N.S.) 226. 
 As to insufficiency of statutory precautions 
 
 to prevent injury. 21 L.R.A. 724. 
 Applicability of rule res ipsa loquitur in 
 
 the absence of contractual relations. 
 
 15 L.R.A. 33; 6 L.R.A. (N.S.) 800. 
 Pleading particular cause of injury as 
 
 waiver of right to rely on res ipsa lo- 
 quitur. 24 L.R.A. (N.S.) 788; L.R.A 
 
 1915F, 992. 
 Relation of doctrine res 'ipsa loquitur to 
 
 burden of proof. 16 L.R.A. (N.S.) 527: 
 
 L.R.A.1916A, 930. 
 May negligence be inferred from mere fact 
 
 that a horse runs away. 39 L.R.A. 
 
 (N.S.) 574. 
 
 63. In case of injury by electricity. 
 
 Presumption of negligence from injury to 
 person from broken or fallen wires. 15 
 L.R.A. 33. 
 
 As to broken or fallen electric wires in high- 
 way. 31 L.R.A. 576. 
 
 Applicability of rule res ipsa loquitur to 
 accidents on highway due to disordered 
 electrical appliances. 22 L.R.A. (N.S.) 
 1178; 32 L.R.A. (N.S.) 1043. 
 
 Applicability of rule res ipsa loquitur to 
 
 accidents on private property due to 
 
 . escape of electricity from disordered 
 
 electrical appliances. 22 L.R.A. (N.S.) 
 
 1183; 32 L.R.A. (N.S.) 848. 
 
 Applicability of res ipsa loquitur in case of 
 injury to servant by electrical ap- 
 pliances. L.R.A.1917E, 248. 
 
 Presumption of negligence from injury to 
 passenger by escaping electricity. 2 
 L.R.A. (N.S.) 836; 12 L.R.A. (N.S.) 
 760; 13 L.R.A. (N.S.) 615; L.R.A.1916C, 
 376. 
 
 g 64. Injury by explosion. 
 
 Respecting escape and explosion of gas. 29 
 
 L.R.A. 345. 
 Presumption of negligence from injury to- 
 
 person by explosion. 15 L.R.A. 35. 
 Applicability of rule res ipsa loquitur to 
 
 explosion of bottle. L.R.A.1916E, 1078. 
 Presumption of negligence from injury to 
 
 passenger by explosion. 15 L.R.A. 38; 
 
 13 L.R.A. (N.S.) 615; 29 L.R.A. (N.S.) 
 
 815; L.R.A.1916C, 377. 
 Applicability of res ipsa loquitur in case of 
 
 injury to servant by explosion. L.R.A, 
 
 1917E, 186.
 
 INDEX TO L.R.A. NOTES. 
 
 4!>7 
 
 EVIDENCE, III. g, 1 (a) cont'd 
 65. Ou elevator. 
 
 Presumption of negligence from injury to 
 passenger by elevator. 2 L.R.A.(N.S.) 
 748; 13 L.R.A. (N.S.) 6]9; 2!) L.R.A. 
 (N.S.) 816; L.R.A.1915E, 724; L.R.A. 
 1916C, 378. 
 
 6. Of innkeeper. 
 
 Presumption of negligence of innkeeper 
 from injury to guest or his property. 
 20 L.R.A. (N.S.) 1027; 43 L.R.A. (N.S.) 
 662. 
 
 67. Of storekeeper. 
 
 Applicability of rule res ipsa loquitur as be- 
 tween storekeeper and customer. 16 
 L.R.A.(N.S.) 931; L.R.A.1915F, 577. 
 
 68. Of manufacturer. 
 
 Applicability of rule res ipsa loquitur in ac- 
 tion for personal injuries from defects 
 in articles manufactured or sold by the 
 defendant. 28 L.R.A. (N.S.) 949. 
 
 69. Of physician or surgeon. 
 
 As to skill of physician or surgeon. 37 
 L.R.A. 837. 
 
 Proof necessary to discharge the burden 
 resting upon plaintiff, in action against 
 a physician for malpractice, to show 
 that the negligence or unskilfulness 
 of the physician caused or contributed 
 to the death or injury of the patient. 
 15 L.R.A. (N.S.) 416. 
 
 (It) Of carriers. 
 
 70. To passenger. 
 
 Preemption of negligence from injury to 
 passenger. 35 L.R.A. 35; 13 
 L.R.A.(N.S.) 601; 29 L.R.A. (N.S.) 
 808; L.R.A.1916C, 364. 
 
 Res ipsa loquitur as applied to disorder of 
 electrical appliances. 2 L.R.A. (N.S.) 
 836; 12 L.R.A.(N.S.) 760; 13 L.R.A. 
 (N.S.) 615; L.R.A.1916C, 376. 
 
 Presumption of negligence in case of in- 
 jury to passenger by missile thrown 
 from outside. 7 L.R.A. (N.S.) 231. 
 
 Presumption of negligence from injury of 
 passenger by door of vehicle. L.R.A. 
 191 8D, 529. 
 
 Applicability of doctrine of res ipsa loquitur 
 where passenger is injured by instru- 
 mentality introduced by another pas- 
 senger. 3 B. R. C. 428. 
 
 Applicability of doctrine of res ipsa loquitur 
 where accident to passenger is occa- 
 sioned by skidding of vehicle. 3 B. R. 
 C. 97. 
 
 71. To freight or baggage. 
 
 As to injury to livestock during transpor- 
 tation. 17 L.R.A. 339. 
 
 Failure of carrier to deliver goods to con- 
 signee as prima facie evidence of negli- 
 gence and liability. 13 L.R.A. 33. 
 
 Burden of proof as to negligence where 
 property is destroyed while in the pos- 
 
 session of a carrier holding as a ware- 
 houseman. 22 L.R.A. (N.S.) 975. 
 Consult also L.R.A. Digests of Cases. 32 
 
 EVIDENCE, III. g, 1 (b) cont'd 
 
 Burden of proof when the defense in an ac- 
 tion to recover for loss or injury to 
 goods during carriage is an act of God 
 or vis major. 29 L.R.A. (N.S.) 663. 
 
 Presumption and burden of proof as to 
 where loss or damage occurred in case 
 of connecting carriers. 31 L.R.A. 
 (N.S.) 102. 
 
 As to liability of common carrier for -bag- 
 gage. 36 L.R.A. 781. 
 
 Burden of proving negligence in case of 
 loss of hand baggage or other effects in 
 the custody or control of a passenger. 
 L.R.A.1915B, 611; L.R.A.1918B, 1063. 
 
 7 la. in case of contract limiting 
 liability. 
 
 Presumption and burden of proof as to 
 carrier's negligence or lack of neg- 
 ligence in case of contract limiting 
 its liability. L.R.A.1915D, 644. 
 
 (c) Railroads; street railways. 
 
 72. Railroads. 
 
 Power of legislature to make injury to 
 person prima facie evidence of negli- 
 .gence. 32 L.R.A. (N.S.) 226. 
 
 Negligence of railroad operating longi- 
 tudinally along street. 49 L.R.A. ( N.S. ) 
 688. 
 
 73. injury to livestock. 
 
 Presumption of negligence from injury to 
 livestock by railway trains. 15 L.R.A. 
 30. 
 
 Necessity of affirmative proof of negligence 
 in leaving gate of railroad fence open. 
 49 L.R.A. 638. 
 
 Negligence as to cattle guards. L.R.A. 
 1915B, 135. 
 
 Power of legislature to make killing 'of 
 stock prima facie evidence of negli- 
 gence. 32 L.R.A. (N.S.) 227. 
 
 74. fires. 
 
 Presumption of negligence by railway fires. 
 15 L.R.A. 40. 
 
 Power of legislature to make injury by 
 fire from locomotive prima facie evi- 
 dence of negligence. 32 L.R.A. (N.S.) 
 227. 
 
 Does presumption of negligence arising from 
 fact that fire was set by railroad com- 
 pany's locomotive necessarily make the 
 question of negligence one for the 
 jury. 5 L.R.A.(N.S.) 99. 
 
 75. Street railways. 
 
 In case of injury by defect in street rail- 
 way track. 15 L.R.A.(N.S.) 844. 
 
 As to negligence of street railway company 
 in case of defects in track or street. 52 
 L.R.A. 456. 
 
 In case of injury to one other than pas- 
 senger struck by object hurled by car. 
 L.R.A.1915B, 1111.
 
 
 TXDKX TO L.R.A. NOTES. 
 
 EVIDENCE, III. g, 1 (c) cont'd 
 
 S T:I. Kh'vaK-d railways. 
 
 Rule of res ipsa loquitur as applied to per- 
 sonal in.]ur\ liy elevated r;ii!\vay com- 
 pany to person oil surface of street. 42 
 LJUMNJB.) 91. 
 
 (d) On highway. 
 
 76. Generally. 
 
 Relevancy of evidence as to, see infra, 267. 
 
 Presumption of negligence from accident. 
 15 L.R.A. 33. 
 
 Rea ipsa loquitur in action for injury on 
 highway. 43 L.R.A.(N.S-) 591. 
 
 Applicability of" rule, Res ipsa loquitur, to 
 accidents on highway, due to dis- 
 ordered electrical appliances. 22 
 L.R.A.(N.S.) 1178; 32 L.R.A.(N.S.) 
 1043. 
 
 Applicability of rule, Res ipsa loquitur to 
 injury by automobile or other vehicle 
 on highway. 32 L.R.A. (N.S.) 1177. 
 
 Burden of proof in action for injury re- 
 ceived tli rough collision of automobile 
 and horse, or through horse becoming 
 frightened by automobile. 48 L.R.A. 
 (N.S.) 968. 
 
 Applicability of maxim, Res ipsa loquitur, 
 to caving in or sinking of surface of 
 street. 23 L.R.A. ( N.S. j ]022. 
 
 May negligence be inferred from mere fact 
 that a horse runs away. 23 L.R.A. 
 (N.S.) 171. 
 
 Leaving horse unhitched in highway as pri- 
 ma facie evidence of negligence. 10 
 L.R.A. (N.S.) 850. 
 
 Negligence of railroad company operating 
 trains longitudinally along public 
 street. 49 L.R.A. (N.S.) 688. 
 
 (e) Of master. 
 
 77. Generally. 
 
 Relevancy of evidence as to, see infra, 268. 
 
 As to master's knowledge as element of neg- 
 ligence. 41 L.R.A. 149. 
 As to care and selection of coemnloyee. 25 
 
 L.R.A. 717. 
 
 Applicability of maxim Res ipsa loquitur as 
 between master and servant. 6 
 L.R.A.(N.S-) 337; 10 L.R.A.(N.S.) 
 214; L.R.A.1917E, 4. 
 
 Applicability in case of injury by ex- 
 plosion. L.R.A. 1917E, 187. 
 
 Applicability in case of injury by fall- 
 ing object. L.R.A.ini7E. 201. 
 
 Applicability to fall of bridge. 28 
 L.R.A. (N.S.) 591. 
 
 Applicability to fall of scaffold. 28 
 L.R.A. (N.S.) 586. 
 
 In case of injury by derailment of 
 rolling stock. L.R.A.1917E, 212. 
 
 In case of injury from defects in roll- 
 ing stock. L.R.A.1917E. 226. 
 
 In case of injury by breaking of rope, 
 
 chain, etc. L.R.A. 1917E7 239. 
 In case of injury by electrical ap- 
 pliances. L.R.A.1917E, 248. 
 Begin with this boolc on every laiv question. 
 
 EVIDENCE, III. g, 1 (e) cont'd 
 Presumption of negligence of master from 
 unexplained starting of machinery in- 
 juring servant. 1 L.R.A. (N.S.) 2!)8; 
 44 L.R.A.(N.S.) 1050. 
 
 Pleading particular cause of injury as 
 waiver of right to rely on res ipsa lo- 
 quitur. 24 L.R.A.(N.S.) 788; L.R.A. 
 1915F, 992. 
 
 78. Incoinpetency of servant. 
 
 May incompetency of a minor to perform 
 the duties of a particular employment 
 be inferred from his minority alone. 
 20 L.R.A.(N.S.) 331. 
 
 May breach of duty to employ or retain 
 none but competent servants be inferred 
 from the fact of their incompetency. 
 20 L.R.A.(N.S.) 322. 
 
 Possible inference that accident to servant 
 was due to negligence of fellow serv- 
 ant. 6 L.R.A. (N.S.) 354; L.R.A.1917E, 
 52, 194, 208, 215, 232, 241, 249. 
 
 (f) Miscellaneous. 
 
 79. Generally. 
 
 Necessity of proving negligence in mode of 
 keeping animal known to be dangerous. 
 2 B. R. C. 21. 
 
 Presumption of negligence from accident to 
 persons on defendant's premises and 
 elsewhere than in highway. 15 L.R.A. 
 34. 
 
 As to negligence of directors of corpora- 
 tion. 55 L.R.A. 758. 
 
 Application of rule of res ipsa loquitur in 
 case of fall of wall of building left 
 standing after fire. L.R.A.1915C, 709. 
 
 Presximption of negligence from personal in- 
 jury to guest at inn. 43 L.R.A. (N.S.) 
 662. 
 
 Presumption and burden of proof as to 
 care or negligence in respect to 
 subject of bailment. 43 L.R.A. 
 (N.S.) 1168. 
 
 2. Contributory negligence, 
 (a) In general. 
 
 80. Generally. 
 
 Relevancy of evidence as to, see infra, 
 26*9. 
 
 Burden of proof as to contributory negli- 
 gence. 33 L.R.A. (N.S.) 1085. 
 Relation between presumption of care 
 and burden of proof as to contrib- 
 utory negligence. 33 L.R.A. (N.S.) 
 1097. 
 As to intoxication as affecting negligence. 
 
 40 L.R.A. 142; 47 L.R.A. (N.S.) 740. 
 Contributory negligence of child. L.R.A. 
 1917F, 42, 76. 
 
 81. Of person 
 negligence. 
 
 killed by another's 
 
 As to exercise of due care by person found 
 
 to have been killed through al- 
 leged negligence of another. 16 
 L.R.A. 261.
 
 INDEX TO L.R.A. NOTES. 
 
 499 
 
 EVIDENCE, III. g, 2 (a) cont'd 
 
 Right to rely on presumption of self-preser- 
 vation in an action for negligent kill- 
 ing, in order to prevent nonsuit, where 
 there were no eyewitnesses to the kill- 
 ing. 11 L.R.A. (N.S.) 844. 
 
 Presumption of care of person killed at rail- 
 road crossing. 4 L.R.A. (N.S.) 344. 
 
 Presumption and burden of proof as to neg- 
 ligence of person injured by trains 
 operated longitudinally along public 
 street. 49 L.R.A. (N.S.) 688. 
 
 Cb) On highway. 
 
 82. Generally. 
 
 Burden of proving contributory negligence 
 on defective highway. 13 L.R.A. (N.S.) 
 12GO. 
 
 Burden of proof as to contributory negli- 
 gence in action against municipality on 
 account of defects and obstructions in 
 streets. 21 L.R.A. (N.S.) 673; 48 
 L.R.A. (N.S.) 639. 
 
 Right of pedestrian to rely upon presump- 
 tion of exercise of due care by one driv- 
 ing in street. 19 L.R.A. (N.S.) 166. 
 
 Presumption and burden of proof as to neg- 
 ligence of person injured by trains 
 operated longitudinally along public 
 street. 49 L.R.A.(N.S.) 688. 
 
 (c) Of servant. 
 
 83. Generally. 
 
 Presumption of contributory negligence 
 from servant's knowledge of defects 
 and resulting dangers. 49 L.R.A. 37. 
 
 Burden of proof as to contributory negli- 
 gence under fellow servant act. 33 
 L.R.A. (N.S.) 1219, 
 
 Burden of proof as to contributory negli- 
 gence under employers' liability acts. 
 33 L.R.A. (N.S.) 1218. 
 
 Presumption as to servant's knowledge 
 that molten metal is liable to explode. 
 27 L.R.A. (N.S.) 953. 
 
 Presumption and burden of proof as to ca- 
 pacity of minor servant to comprehend 
 and avoid danger 29 L.R.A. (N.S.) 
 487. 
 
 Possible inference that accident to servant 
 was due to his own negligence. 6 
 L.R.A.(N.S.) 354; L.R.A.1917E, 62, 
 194, 208, 215, 232, 241, 249. 
 
 (d) Of parent. 
 
 t? 84. Generally. 
 
 Unexplained presence of unattended child 
 non sui juris in place of danger as 
 prima facie evidence of negligence on 
 part of parents. 16 L.R.A. (N.S.) 395. 
 
 h. As to official acts. 
 
 85. Generally. 
 
 Presumption of, to regularity of proceed- 
 ings before grand jury. 26 L.R.A. 
 (N.S.) 684. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, III. h cont'd 
 
 Statute creating conclusive presumption as 
 to validity of tax sale under proceed- 
 ings void for jurisdictional defects 
 where possession has not been taken. 8 
 L.R.A.(N.S.) 157. 
 
 86. Burden of proof in action to re- 
 cover for failure to execute process. 
 
 Mesne process. 3 L.R.A. (N.S.) 420. 
 Final process. 3 L.R.A. (N.S.) 422. 
 
 87. Judicial matters. 
 
 Presumption as to jurisdiction where record 
 shows defect. 1 L.R.A. (N.S.) 740. 
 
 88. From judgment. 
 
 Judgment as prima facie evidence of debt. 
 67 L.R.A. 590. 
 
 Judgment against officer as prima facie 
 evidence against surety on official bond. 
 52 L.R.A. 170, 184, 187. 
 
 Judgment against one as prima facie evi- 
 dence of amount of damages against 
 . another liable over who had no notice 
 of the original suit. 16 L.R.A.(N.S.) 
 911. 
 
 i. As to rights, contracts, instruments, 
 and property. 
 
 1. In general. 
 
 89. Generally. 
 
 Relevancy of evidence as to contracts, see 
 
 infra, XII. 1. 
 Sufficiency of evidence as to contracts, see 
 
 infra, XIII. f. 
 As to conveyances in fraud of creditors, see 
 
 supra, 48-50. 
 
 Presumption and burden of proof as to ac- 
 count stated. L.R.A.1917C, 455. 
 
 Presumption that contract was not within 
 statute of frauds or was in writing 
 where complaint is silent on that ques- 
 tion. 49 L.R.A. (N.S.) 6. 
 
 Burden of proof in action for specific per- 
 formance of contract to leave property 
 to child in consideration of his living 
 with promisor. 44 L.R.A. (N.S.) 769. 
 
 Burden of proof in action to recover sub- 
 scription to charity. 48 L.R.A. (N.S.) 
 813. 
 
 Burden of proving secondary contract abro- 
 gating or altering prior contract. 
 L.R.A.1915B, 68. 
 
 Burden of proof in suit for relief from 
 mistake of law as to effect of instru- 
 ment. 28 L.R.A. (N.S.) 915. 
 
 As to intent characterizing omission of in- 
 ternal revenue stamp. 48 L.R.A. 309. 
 
 As to affixing of internal revenue stamp. 
 48 L.R.A. 318'. 
 
 Presumption as to character of subterranean 
 water. 19 L.R.A. 98. 
 
 Burden of proving what are depot grounds 
 within meaning of fence laws. 7 L.R.A. 
 (N.S.) 215. 
 
 As to sale of expectancy by prospective heir. 
 33 L.R.A. 283.
 
 500 
 
 IN Dl X. TO UK. A. NOTES. 
 
 EVIDENCE, III. i, 1 cont'd 
 
 Presumption of gift by wife to husband on 
 investment by bim in his own name of 
 uil'e's separate property in real estate. 
 6 L.R.A.(N.S.) 381; 26 L.R.A.(N.S.) 
 161. 
 
 Inference as to character of transaction 
 arising from fact that it was on mar- 
 gin. 22 L.R.A.(N.S.) 174. 
 
 Presumption and burden of proof as to ac- 
 count stated. 29 L.R.A.(N.S.) 348. 
 
 g 90. As to consideration. 
 
 Parol evidence as to, see infra, VII, g. 
 
 g 91. Alteration of instruments. 
 
 Presumption as to alteration of typewritten 
 
 instrument made in duplicate. 18 
 
 L.K.A.(N.S.) 680. 
 Burden of explaining erasures or alterations 
 
 appearing on face of will. 17 L.R.A. 
 
 (N.S.) 184. 
 
 g 9 la. as to time of. 
 
 Presumption as to time of alteration in 
 written instrument and its effect 
 on burden of proof. 39 L.R.A. 
 (N.S.) 100. 
 
 92. Contracts of employment. 
 
 Sufficiency of evidence as to, see infra, 310. 
 
 Presumption as to contract being that of an 
 independent contractor. 17 L.R.A. 
 (N.S.) 372. 
 
 Presumption of agreement to pay for serv- 
 ices rendered by relative or member of 
 household. 11 L.R.A. (N.S.) 873. 
 
 Rebuttal of presumption as to the gratui- 
 tous character of services rendered by 
 relative or member of household, by 
 proof of an agreement to remunerate 
 them. 11 L.R.A. (N.S.) 891. 
 
 Necessity of proving that intention to charge 
 for services rendered by relative or 
 member of household was entertained at 
 the time of their rendition. 11 L.R.A. 
 (X.S.) 911. 
 
 Presumption from continuing in employer's 
 service after the expiration of the orin- 
 nal term. L.R.A.1918C, 706. 
 
 Presumption of condonation of servant's 
 breacli of duty from mere retention. 8 
 L.R.A.(N.S.) 1005. 
 
 In action by wrongfully discharged servant 
 for damages from breach of contract j 
 6 L.R.A. (N.S.) 68. 
 
 Burden of proof of defensive matters in ac- 
 tion for damages for wrongful dis- 
 charge of servant. 6 L.R.A. (N.S.) 81. 
 
 Burden of proving other employment in 
 mitigation or reduction of damages for 
 
 wrongful dischar 
 i N.S.) 108. 
 
 re of servant. 6 L.R.A. 
 
 Necessity of showing that alleged dissatis- 
 faction was covered by contract con- 
 taining stipulations permitting rescis- 
 sion by employer if work was not satia- 
 
 factorily performed. 
 415. 
 
 12 L.R.A. (?:.S.) 
 
 KY1DKNVK. III. i, 1 cont'd 
 
 8 9. Dedication. 
 
 Of dedication from user. 6 L.R.A. 261.*- 
 
 8 ! I . Abandonment. 
 
 Of abandonment of highway. 18 L.R.A. 
 
 146. 
 
 By nonuser or otherwise than by acts 
 of public authorities. 26 L.R.A. 
 450. 
 
 Presumption of abandonment of easement 
 from failure to maintain same. 2: 
 L.R.A.(N.S.) 832. 
 
 2. Different instrument*. 
 
 95. Bills and notes. 
 
 Parol evidence as to, see infra, VII. f. 
 
 Do presumptions which attach to commer- 
 cial paper necessarily entitle the holder 
 to go to the jury. L.R.A.1917E, 537. 
 
 Legal presumptions in garnishment of debt 
 evidenced by negotiable paper. L.R.A. 
 1918C, 764. 
 
 As to lost note. 16 L.R.A. 206. 
 
 In favor of holder of commercial paper. 10 1 
 L.R.A. 677;* 17 L.R.A. 326. 
 
 Presumption as to fraud in inspection of 
 negotiable instrument. 10 L.R.A. 
 679;* 17 L.R.A. 328. 
 
 That new promise to pay note after notice 
 of dishonor was made with knowledge 
 of laches. 29 L.R.A. 314. 
 
 Does the fact that a negotiable instrument 
 was, contrary to agreement, transferred 
 before the happening of a certain con- 
 tingency impose the burden of proof as 
 to bona fides upon the holder. 22 
 L.R.A. (N.S.) 718. 
 
 Does the fact that a name signed to a bill 
 or note below the signature of another 
 obligor is that of a partnership raise a 
 presumption that it is a surety only. 
 10 L.R.A. (N.S.) 426. 
 
 Effect of production of bill or note not 
 transferable by delivery to establish 
 prima facie plaintiff's title to note. 
 50 L.R.A. (N.S.) 581. 
 
 96. notice of dishonor. 
 
 Conduct from which notice of dishonor 
 may be presumed. 29 L.R.A. 311. 
 
 Presumption of diligence in presentation 
 and notice of dishonor. 29 L.R.A. 305. 
 
 97. as to indorsement. 
 
 Parol evidence as to, see infra, 170. 
 
 As to date of indorsement. 18 L.R.A. 35. 
 
 98. in action by purchaser. 
 
 Presumption arising from possession. 17 
 
 L.R.A. 326. 
 Onus on maker to rebut the presumption. 
 
 17 L.R.A. 326. 
 Holder must prove bona fides. 17 L.R.A. 
 
 328. 
 Fraud or illegality in the inception of t'-e 
 
 Bef/in \rith this boofc on every la\v question. 
 
 instrument. 
 328. 
 
 10 L.R.A. 679; 17 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 501 
 
 1EVIDENCE, III. i, 2 cont'd 
 99. Bonds. 
 
 As to lien of bottomry bonds. 70 L.R.A. 
 428. 
 
 Presumptions and burden of proof as to ef- 
 fect of delivery of bond unsigned by 
 principal obligor. 12 L.R.A. (N.S.) 
 1121. 
 
 100. Deeds. 
 
 Presumption from tax deed, see infra, 
 105a. 
 
 .As to acceptance of assignment or deed of 
 trust for creditors. 24 L.R.A. 370. _ 
 
 Presumption of acceptance of deed deliv- 
 ered to third person. 54 L.R.A. 892. 
 
 .Burden of proof that instrument importing 
 absolute conveyance was intended as a 
 mortgage. L.R.A.1916B, 185. 
 
 Burden of proof where conveyance of wife's 
 real property to husband through a 
 third person. L.R.A.1915C, 771. 
 
 As to intent of grantor in case of convey- 
 ance to one and his children to give tVie 
 children an estate jointly or in common 
 with the parent or a remainder upon a 
 life estate in the parent. L.R.A. 191 7B, 
 76. 
 
 101. of delivery. 
 
 As to delivery of deed, from record. 54 
 
 L.R.A. 884; 9 L.R.A. (N.S.) 224. 
 Possession of deed by grantor at his death 
 
 as negativing delivery to grantee. 
 
 44 L.R.A. (N.S.) 528. 
 
 10 la. Lease. 
 
 Burden of proof as to effect of provision in 
 mining lease excusing payment of mini- 
 mum royalty. L.R.A.1917E, 1078. 
 
 lOlb. Mortgage. 
 
 Burden of proof that instrument importing 
 absolute conveyance was intended as a 
 mortgage. L.R.A. 191PB, 185. 
 
 Presumption that, mortgage is for purchase 
 price of land and is a part of transac- 
 tion of purchase as against widow's 
 claim of dower. 52 L.R.A. (N.S.) 554. 
 
 102. Wills. 
 
 As to testamentary capacity, see supra, 
 
 39. 
 
 As to testator's intent, see supra, 42.- 
 As to undue influence, see supra, 53. 
 Sufficiency of evidence as to wills, see infra, 
 
 XHI: g. 
 
 Effect of probate of will. L.R.A.1917E, 533. 
 As to probate of will in other state. 48 
 
 L.R.A. 136. 
 As to fraud respecting will. 36 L.R.A. 
 
 737. 
 Presumption of regularity where attesting 
 
 witnesses have forgotten circumstances 
 
 attending execution of will. 51 L.R.A. 
 (N.S.) 927. 
 
 103. revocation. 
 
 As to revocation of missing will. 38 
 
 L.R.A. 433: 50 L.R.A. (N.S.) 864. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, III. i, 2 cont'd 
 
 Effect of unfulfilled intention to execute 
 new will on presumptive revocation of 
 old one. 2 B. R. C. 538. 
 
 Burden of explaining erasures or altera- 
 tions appearing on face of. 17 L.R.A. 
 (N.S.) 184. 
 
 103a. Insurance policy. 
 
 Sufficiency of evidence as to,'see infra, 311. 
 
 I Presumption and burden of proof in action 
 on insurance policy exempting insurer 
 or limiting its liability in case of in- 
 jury intentionally inflicted by another. 
 48 L.R.A. (N.S.) 524. 
 
 Burden of establishing defense of falsity of 
 statements by insured respecting family 
 history. L.R.A.1917C, 876. 
 
 3. Ownership; title; possession; occu- 
 pation. 
 
 104. Generally. 
 
 Relevancy of evidence as to, see infra, 
 
 281. 
 
 Rebuttal of presumption that title of 
 ground bounded on river goes to center. 
 42 L.R.A. 506. 
 
 Ri<*ht of one in possession to maintain ac- 
 tion for nuisance without proving title. 
 34 L.R.A. (N.S.) 560. 
 Necessity that plaintiff in ejectment prove 
 
 title. 18 L.R.A. 781. 
 
 Burden of proof in detinue. 18 L.R.A. 
 (N.S.) 1276. 
 
 Burden of showing that use on which ease- 
 ment is claimed was permissive and 
 not under claim of right. 8 L.R.A. 
 (N.S.) 149; 44 L.R.A.(N.S.) 98. 
 
 Establishment of prima facie title in plain- 
 tiif in ejectment by conveyance or chain 
 of conveyances not running back to 
 sovereignty or common source of title. 
 10 L.R.A. (N.S.) 404; 22 L.R.A. (N.S.) 
 1100. 
 
 Presumption as to adverse possession by 
 tenant holding over. 53 L.R.A. 949. 
 
 Presumption as to common hoard when 
 earnings of both spouses or of family 
 are invested in the name of one spouse. 
 35 L.R.A.(N.S.) 713. 
 
 Burden of proof where marketability of 
 title is questioned. 38 L.R.A. (N.S.) 
 39. 
 
 Marketability of title subject to defeat by 
 birth of person not in being as af- 
 fected by presumption that possibility 
 of issue is extinct. 38 L.R.A. (N.S.) 
 35. 
 
 As to change in character of occupation of 
 premises. 4 L.R.A. (N.S.) 724. 
 
 Presumption as to occupation of premises 
 as a servant or as a tenant. 4 L.R.A. 
 (N.S.) 723. 
 
 105. Presumption from possession. 
 
 Presumption of fraud as to creditors from 
 retention of possession, see supra, 
 49.
 
 502 
 
 INDEX TO I/.R.A. NOTES. 
 
 EVIDENCE, III. i, 3 cont'd 
 
 Presumption arising from possession of 
 
 ;i t> in action by purchaser. 17 L.R.A. 
 
 326. 
 
 Effect of production of bill or note not 
 
 transferable by delivery, to estab- 
 
 lish prima facie plaintiff's title to 
 
 note. 50 L.R.A.(N.S.) 581. 
 
 Presumption as to assignment of lease 
 
 where leased property is in possession 
 
 of one other than the lessee. 52 L.R.A. 
 
 (N.S.) 986. 
 Presumption of ouster of one tenant in 
 
 common from long-continued undis- 
 
 turbed possession of another. 10 
 
 L.R.A.(N.S.) 185. 
 Inference of intent to sell intoxicating 
 
 liquor. 39 L.R.A. (N.S.) 534. 
 
 105a. From tax deed. 
 
 Tax deed as presumptive evidence of title. 
 
 2 LJI.A. 773,* 774.* 
 Tax deed as prima facie evidence of truth 
 
 of its recitals. 2 L.R.A. 774.* 
 Tax deed as prima facie evidence of pre- 
 
 requisites complied with. 2 L.R.A. 
 
 773." 
 
 j. Payment; value. 
 
 106. Payment. 
 
 I 1 !. -sumption as to payment by giving of 
 commercial paper. 35 L.R.A. (N.S.) 
 98. 
 
 Applicability of presumption of payment 
 from lapse of time as against sovereign 
 or governmental body. L.R.A.1916B, 
 739. 
 
 107. Value. 
 
 Relevancy of evidence as to, see infra, 
 262.* 
 
 Allowance for physician's services in action 
 for personal injuries without evidence 
 of their value. 19 L.R.A.(N.S.) 920. 
 
 107a. Damages. 
 
 Burden of proof as to profits in suit for 
 profits from infringement of patent 
 or copyright. 41 L.R.A. (N.S.) 
 653. 
 
 Necessity for evidence as to amount of fu- 
 neral and medical expenses of person 
 negligently killed. 2 B. R. C. 720. 
 Presumption and burden of proof as to 
 pecuniary loss in death action. L.R.A. 
 1916E, 144; L.R.A.1918C, 1056. 
 
 fc. Miscellaneous civil matters. 
 
 20 
 
 108. Generally. 
 
 As to intoxicating character of liquor. 
 L.R.A. 648. 
 
 As to public character of purpose for which 
 power of eminent domain is exercised. 
 49 L.R.A. 787. 
 
 As to time to which contingency of death of 
 legatee or devisee without child or is- 
 sue on which gift is conditioned is re- 
 ferable. 25 L.R.A.(N.S.) 1045. 
 
 EVIDENCE, III. k cont'd 
 
 Inference as to character of transaction 
 arising from fact that it was on mar- 
 gin. 22 L.R.A. (N.S.) 174. 
 
 Presumption of correctness of statement of 
 account from retention without objec- 
 tion. 29 L.R.A.(N.S.) 348; L.R.A. 
 1917C, 455. 
 
 Effect of failure to prove filing of claim* 
 by creditors and insufficiency of assets- 
 in action by trustee in bankruptcy to 
 recover assets of estate, set aside pref- 
 erence, or recover property fraudulent- 
 ly transferred by bankrupt. 17 L.R.A. 
 (N.S.) 350. 
 
 Presumption as to pecuniary loss in statu- 
 tory action for death. L.R.A.1916E, 
 144; L.R.A.1918C, 1056. 
 
 Burden of proof as to applicability of Fed- 
 eral employers' liability act. L.R.A. 
 1915C, 64. 
 
 Burden of proof that injury arose out of and 
 in the course of employment within the 
 meaning of the Workmen's Compensa- 
 tion Act. L.R.A.1917D, 130. 
 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car or employment of driver. 4t> L.R.A. 
 (N.S.) 1091; L.R.A.1918D. Ifci4. 
 
 Burden of proof in action between owner 
 and contractor as to claims of mechan- 
 ics and materialmen paid by owner. 
 44 L.R.A.(N.S.) 80. 
 
 Presumption and burden of proof in action 
 against notary or other officer for 
 wrong or negligence in certifying to 
 acknowledgment or affidavit. 49 L.U.A. 
 (N.S.) 50. 
 
 Presumption and burden of proof as to men- 
 tal anguish in case of negligence in 
 respect of telegrams. 49 L.R.A. (N.S.) 
 283. 
 
 Burden of proving that telegram would 
 have accomplished its purpose in ac- 
 tion for mental anguish for negligence 
 in transmission of telegram. 49 L.R.A. 
 (N.S.) 258. 
 
 Presumption that a train, which it would 
 have been necessary to take in order 
 that telegram might accomplish it 
 purpose, ran on schedule time in action 
 for damages for mental anguish for 
 . failure to deliver telegram. 41) L.R.A. 
 (N.S.) 265. 
 
 Presumption as to receipt of communication 
 sent through mail. 49 L.R.A. 
 (N.S.) 458. 
 
 109. Necessity. 
 
 As to necessity of obstructing street. 14 
 
 L.R.A. 559. 
 Must the plaintiff in an action against an 
 
 infant for necessaries furnished show 
 
 them actually to have been required. 
 
 1 B. R. C. 156. 
 
 ir7/i this book on crcri/ law question. 
 
 110. Reasonableness. 
 
 Of reasonableness of license 
 L.R.A. 432. 
 
 fees. 30-
 
 INDEX TO L.R.A. NOTES. 
 
 .303 
 
 EVIDENCE, III. k cont'd Ml 
 
 Presumption as to reasonableness of rail- ' 
 road rates prescribed by state for local 
 traffic. 15 L.R.A. (N.S.) 108; 25 
 L.R.A. (N.S.) 1001. 
 
 Burden of proof of confiscatory or unrea- 
 sonable rates established for public 
 service corporations. L.R.A.1915A, 57. 
 
 111. Matters between husband and 
 wife. 
 
 As to whether husband furnished wife with 
 suitable support. 65 L.R.A. 538; 47 
 L.R.A.(N.S.) 281. 
 
 As to husband's failure to properly furnish 
 necessaries for wife while living with 
 him. 65 L.R.A. 538, 548. 
 
 Presumption that debts contracted during 
 marriage are common debts. 19 L.R.A. 
 235. 
 
 Burden of proof of liability of husband for 
 accessaries furnished wife while living 
 apart from him. L.R.A. 1917A 969. 
 
 Presumption and burden of proof in action 
 against husband for necessaries fur- 
 nished wife while living with him. 47 
 L.R.A. (N.S.) 279. 
 
 Burden of proof where conveyance of wife's 
 real property to husband through a 
 third person is attacked. L.R.A.1915C, 
 771. 
 
 I. Criminal matters. 
 
 112. Generally. 
 
 Presumption as to character of accused, see 
 
 supra, 25. 
 
 As to sanity of accused, see supra, 40. 
 Presumption of malice from killing, see 
 
 supra, 44. 
 ReleA^aney of evidence in, see infra, XII. 
 
 o. 
 Weight and sufficiency of evidence in, see 
 
 'infra, XIII, i. 
 
 Effect of admission to change burden of 
 proof in criminal case. 61 L.R.A. 
 562. 
 
 Power of legislature to enact prima faci* 
 rules of evidence for criminal cases. 2 
 L.R.A. (N.S.) 1007; L.R.A.1915C, 717. 
 
 Burden of proving contributory negligence 
 in criminal cases. 33 L.R.A.(N.S.) 
 1178. 
 
 Burden of proving injury from separation 
 of jury in capital case. 24 L.R.A.. 
 (N.S.) 779. 
 
 As to criminal responsibility of children. 
 36 L.R.A. 196. 
 
 Presumption as to incorporation in crimi- 
 nal cases. 22 L.R.A. 278. 
 
 Necessity of proving that person bore both 
 real name and the alias by which the 
 indictment purports to describe him. 
 30 L.R.A. (N.S.) 134. 
 
 Presumption as to burglary from possession 
 of recently stolen property. 12 L.R.A. 
 (N.S.) 200. 
 
 Burden of proving guilt of one in posses- 
 sion of recently stolen property. 12 
 L.R.A. (N.S.) 219. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, III. 1 cont'd 
 
 Burden of proving that weapon was not 
 loaded in prosecution for assault with 
 firearm. 42 L.R.A. (N.S.) 975. 
 
 Burden of proof on application for bail in 
 capital case. 39 L.R.A. (N.S.) 772. 
 
 Presumption and burden of proof in prose- 
 cution for violation of hours of service 
 laws. L.R.A.1915D, 422; L.R.A.1917A, 
 1207. 
 
 Burden of proof of impotency or senility 
 set up as defense to prosecution for 
 rape. L.R.A.1915B, 133. 
 
 Presumption and burden of proof as to chas- 
 tity where it is an ingredient of the 
 offense or a condition of conviction. 
 43 L.R.A. (N.S.) 476. 
 
 Presumption as to voluntariness of confes- 
 sion. 50 L.R.A. (N.S.) 1081. 
 
 113. As to confessions. 
 
 As to confessions generally, see infra, IX. 
 
 Presumption as to character of confession. 
 18 L.R.A.(N.S.) 783. 
 
 Presumption as to voluntariness of subse- 
 quent confessions. 18 L.R.A. (N.S.) 
 857. 
 
 114. As to alibi. 
 
 Sufficiency of proof as to, see infra, 317. 
 
 Burden of proof as to alibi. 41 L.R.A. 534. 
 
 115. As to corpus delicti. 
 
 Relevancy of evidence as to, see infra, ^ 
 
 285. 
 Sufficiency of proof, see infra, 318. 
 
 Necessity of proving. 68 L.R.A. 45. 
 
 In 'larceny. 68 L.R.A. 48, 54; 28- 
 L.R.A.(N.S.) 536. 
 
 116. In prosecution for homicide. 
 
 Presumption of malice from act of killing, 
 
 see supra, 44. 
 
 Relevancy of evidence in, see infra, 286. 
 Sufficiency of proof, see infra, 326. 
 
 Necessity of proving corpus delicti. (38 
 L.R.A. 35, 46, 53. _ 
 
 May finding of premeditation and delibera- 
 tion essential to murder in first de- 
 gree rest upon evidence that at the time 
 defendant was fleeing from the scene of 
 another crime. L.R.A.1918C, 566. 
 
 Burden of proof in case of homicide bv mis- 
 adventure. 3 L.R.A. (N.S.) 116i. 
 
 Burden of proof of freedom from fault in 
 case of homicide on plea of self-defense. 
 45 L.R.A. 706. 
 
 Burden of proving self-defense by prepon- 
 derance of evidence in prosecution for 
 homicide. 19 L.R.A. (N.S.) 492. 
 
 Presumption as to distinctive elements of 
 murder in first degree from use of 
 deadly weapon. 34 L.R.A. (N.S.) 74. 
 
 117. In prosecution for sale of 
 liquor. 
 
 Sufficiency of evidence as to, see infra, 327. 
 
 Power of legislature to enact prima facie 
 rules of evidence. 1 L.R.A. (N.S.) 626; 
 L.R.A.1915C, 729.
 
 504 
 
 INDEX TO L.R.A. NOTES. 
 
 l.\ IDENCE, III. 1 cont'd 
 
 IntYrencc of intent to sell intoxicating 
 
 liquor. 39 L.R.A. (N.S.) 5:;4. 
 Burden of proof as to license or permit in 
 prosecution for sale of intoxicating 
 liquor without a license. 36 L.R.A. 
 (N.S.) 98. 
 "Near beer" or other local appellation, as 
 
 justifying inference as to intoxicating 
 
 or other statutory quality of liquor. 
 
 48 L.R.A.(N.S.) 315. 
 Inference as to spirituous, vinous, distilled,, 
 
 malt, fermented, or intoxicating quality 
 
 of liquor, from its name. 48 L.R.A. 
 
 (N.S.) 302. 
 
 IV. Beat and secondary evidence. 
 
 118. Generally. 
 
 Effect of omission of stamp from instrument 
 on admissibility as primary or second- 
 ary evidence. 48 L.R.A. 310. 
 
 Rebuttal of presumption of fraud in de- 
 stroying primary evidence as condition 
 of admission of secondary evidence. 34 
 L.R.A. 583. 
 
 Use of ledgers as secondary evidence. 52 
 L.R.A. 581. 
 
 Photograph as secondary evidence. 35 
 L.R.A. 804; 51 L.R.A* (N.S.) 849. 
 
 Oral testimony of dying declarations re- 
 duced to writing". 56 L.R.A. 427. 
 
 Proof of contents of writing by admissions. 
 L.R.A.1918C, 664. 
 
 Secondary evidence of writing which is be- 
 yond territorial jurisdiction of court. 
 L.R.A.1917D, 530. 
 
 Secondary evidence of contents of will lost 
 after probating or filing for record. 38 
 L.R.A. 456. 
 
 Proof of will where attesting witnesses have 
 forgotten circumstances attending its 
 execution. 51 L.R.A. (N.S.) 927. 
 
 Necessity and sufficiency of proof to ac- 
 count for nonproduction of will upon 
 application to probate it as a lost or 
 destroyed will. 50 L.R.A.(N.S.) 861. 
 
 Admissibility of newspaper files to prove 
 the publication or contents of an order 
 of publication. L.R.A.1915C, 690. 
 
 Secondary, to identify record of justice of 
 peace. 2 L.R.A.(N.S.) 652. 
 
 Admissibility. of secondary evidence of writ- 
 ing of privileged character of which a 
 third person has power of disclosure. 
 33 L.R.A. (N.S.) 484. 
 
 Mode of proving the mailing of notice of 
 maturity of premiums or assessments. 
 7 L.R.A.(N.S.) 238. 
 
 119. Oral proof of foreign laws. 
 
 Presumption and burden of proof as to, see 
 supra, 20. 
 
 In general. 25 L.R.A. 451. 
 
 The unwritten or common law Lex non 
 
 scripta. 25 L.R.A. 451. 
 The written law Lex scripta. 25 L.R.A. 
 
 4r,4. 
 Modifications of the common law. 25 L.R.A. 
 
 462. 
 
 EVIDENCE, IV. cont'd 
 
 Construction of written laws. 25 L.R.A. 
 
 462. 
 Proof of practice under statutes. 25 L.R.A. 
 
 462. 
 
 State statutes. 25 L.R.A. 462. 
 The English doctrine. 25 L.R.A. 467. 
 
 120. As to books of account. 
 
 With respect to books of account generally, 
 see infra, V. g. 
 
 Admissibility in evidence of books of ac- 
 count produced on notice. 52 L.R.A. 
 602. 
 
 Secondary evidence of contents of absent 
 books of account. 52 L.R.A. 604. 
 
 Admissibility of statements taken from 
 partnership books of accounts. 52 
 L.R.A. 847. 
 
 120a. Notice to produce. 
 
 Use in evidence of books produced on. 52 
 
 L.R.A. 602. 
 Notice to produce document as making it 
 
 admissible in favor of producer. 33 
 
 L.R.A.(N.S.) 553. 
 
 121. Copies. 
 
 Proof of copies of genuine handwriting. 64 
 
 L.R.A. 314. 
 Proof of lost or destroyed will by copv or 
 
 draft. 38 L.R.A. 448. 
 Copies of documents made by mechanical 
 
 means, as originals. 12 L.R.A. ( N.S. ; 
 
 343. 
 Admissibility of copy of writing which is 
 
 beyond territorial jurisdiction of court. 
 
 L.R.A.1917D, 534. 
 Admissibilitv in evidence of copies of records 
 
 of other states. 5 L.RJMN.S.) 938. 
 
 V. Documentary evidence. 
 a. In general. 
 
 122. Generally. 
 
 Documentary evidence as best evidence, see 
 
 supra, IV. 
 Weight and sufficiency of, see infra, NTH. 
 
 e. 
 
 Misuse of documentary evidence by coun- 
 
 sel in argument to jury. 
 
 78. 
 
 L.R.A.1918D, 
 
 Injunction against use of document. 51 
 L.R.A. 754. 
 
 Effect of omission of stamp upon use of in- 
 strument as evidence. 48 L.R.A. 310. 
 
 Use of documents before grand jurv. 28 
 L.R.A. 320. 
 
 Aiding the interpretation of building con- 
 tract by extrinsic documents or exam- 
 ples: 9 L.R.A.(N.S.) 1007. 
 
 Right of party producing documents upon 
 notice, to use and control their use as 
 evidence. 15 L.R.A. 138. 
 
 Recital in deed as evidence of heirship. 45 
 L.R.A.(N.S.) 93. 
 
 Begin with this book on every laic question. 
 
 123. Attested instruments. 
 
 Necessity of calling subscribing witnesces to 
 'prove. 35 L.R.A. 321.
 
 INDEX TO L.R.A. XOT1LS. 
 
 505 
 
 EVIDENCE, V. a confd 
 
 Proof of signature by mark when attesting 
 witnesses thereto are dead or can- 
 not remember the transaction. 44 
 L.R.A. 142. 
 
 124. Effect of calling for and in- 
 specting document to make it com- 
 petent. 
 
 In favor of party calling. 33 L.R.A. (N.S.) 
 
 552. 
 
 In favor of producer. 33 L.R.A. (N.S.) 553. 
 Miscellaneous. 33 L.R.A'. (N.S.) 556. 
 
 125. Documents taken from defend- 
 ant. 
 
 Admissibility against defendant of docu- 
 ments taken from him. 59 L.R.A. 467 ; 
 8 L.R.A. (N.S.) 762: 34 L.R.A. (N.S.) 
 58; L.R.A.1915B, 834; L.R.A.1SU6E, 
 715. 
 
 b. Records, reports, and orders; legis- 
 lative 
 
 126. Records. 
 
 Record of mining claim as evidence. 7 
 
 L.R.A. (N.S.) 879. 
 Train despatcher's record as evidence. 3 
 
 L.R.A.(N.S.) 1190. 
 May records of sales of liquor which a 
 
 druggist is required by law to keep 
 
 be used as evidence against him in a 
 
 criminal prosecution. 25 L.R.A. (N.S.) 
 
 818. 
 Effect of public record as notice or evi- 
 
 dence of notice to start statute of limi- 
 
 tations against action based on fraud. 
 
 22 L.R.A. (N.S.) 208. 
 Sufficiency of record offered to prove con- 
 
 viction or acquittal. L.R.A.1916B, 954. 
 Physician's private records or memoranda 
 
 as evidence of birth, death, etc. L.R.A. 
 
 1915F, 803. 
 Admissibility of entries in diary. 51 L.R.A. 
 
 (N.S.) 813. 
 
 127. of deeds. 
 
 Admissibility of record, or copy of record, 
 of deed, to prove deed under which 
 party offering it claims. 19 L.R.A. 
 (N.S.) 438. 
 
 128. of other states. 
 
 Admissibility of copies of records of other 
 states. 5 L.R.A. (N.S.) 938. 
 
 129. Legislative journals. 
 
 Conclusiveness of enrolled bill, see infra, 
 308a. 
 
 Of legislative journals. 23 L.R.A. 340. 
 
 130. Reports; orders. 
 
 Admissibility of report by agent or em- 
 ployee to employer to prove facts in 
 issue. 18 L.R.A. (N.S.) 231; 25 L.R.A. 
 (N.S.) 930; 47 L.R.A. (N.S.) 830. 
 
 c. Judgments; findings; pleadings. 
 
 131. Judgments. 
 
 Weight and sufficiency of, see infra, 306. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, V. c confd 
 
 Judgment against officer as evidence against 
 surety on official bond. 52 L.R.A. 165, 
 184, 187. 
 
 Judgment against one as prima facie evi- 
 dence of amount of damages against an- 
 other liable over who had no notice of 
 the original suit. 16 L.R.A. (N.S.) 
 911. 
 
 132. in criminal prosecution. 
 
 Judgment rendered in a civil action. 26 
 L.R.A.(N.S.) 461. 
 
 133. Findings. 
 
 Admissibility of coroner's finding to show 
 cause of death. 68 L.R.A. 285; 45 
 L.R.A. (N.S.) 404; L.R.A.1918E, 924. 
 
 133a. Pleadings. 
 
 Use of plea of nolo contendere against de- 
 fendant or third person in another pro- 
 ceeding. 41 L.R.A.(N.S.) 73, 74. 
 
 Former plea of guilty. L.R.A.1918E, 92. 
 
 d. Depositions, former testimony, and 
 affidavits. 
 
 134. Generally. 
 
 As to former testimony, see infra, XI. k. 
 
 Admissibility of testimony or deposition 
 given in action for personal injury, 
 in another action growing out of 
 the same injury or accident, in 
 which the witness or deponent is 
 not available. L.R.A.1916A, 990. 
 Admissibility after death of adversary of 
 deposition of party taken before form- 
 er's death and relating to a personal 
 transaction with him. L.R.A. 1915F, 
 771. 
 
 e. Memoranda; receipts. 
 
 185. Memoranda. 
 
 Use of memoranda. 28 L.R.A. 143. 
 
 Admissibility of memoranda on check stubs. 
 42 L.R.A. (N.S.) 727. 
 
 Admissibility of insurance agent's memo- 
 randa as to policies and risks. 37 
 L.R.A.(N.S.) 1169. 
 
 Admissibility in evidence of books of ac- 
 count containing entries transferred 
 from. 52 L.R.A. 577. 
 
 Scope and effect of statutes making compe- 
 tent entries and memoranda of deceased 
 person. 44 L.R.A. (N.S.) 28. 
 
 idmissibility of entries in diary. 51 L.R.A. 
 (N.S.) 813. 
 
 Physician's private memoranda as evidence 
 of birth, death, etc. L.R.A.1915F, 803. 
 
 136. Receipts. 
 
 As evidence of payment as against third 
 parties. 29 L.R.A. 737. 
 
 Right of insurance company to rely on 
 clause giving it option as to payee of 
 proceeds of policy and making receipt 
 conclusive evidence of payment to 
 proper person. 20 L.R.A. (N.S.) 928.
 
 50C 
 
 JM)i;X TO L.R.A. KOTES. 
 
 EVIDENCE, V. cont'd 
 
 /. Letters; telegrams. 
 
 137. Letters. 
 
 Admissibility of, as proof of partnership. 
 
 20 L.R.A. 598. 
 Necessity of proof of genuineness of reply 
 
 letter. 17 L.R.A. (N.S.) 229. 
 Admissibility of insurance agent's letters 
 
 as to policies and risks. 37 L.R.A. 
 
 (N.S.) 1169. 
 Letters identified only by prosecutrix as cor- 
 
 roboration of her testiinony to prove 
 
 seduction or rape. 49 L.R.A. (N.S.) 
 
 1198. 
 
 138. Telegrams. 
 
 Admissibility of telegram on behalf of per- 
 son receiving it in reply to another. 44 
 L.R.A. 438. 
 
 g. Account boo7:s. 
 
 139. Generally. 
 
 Authentication of books of account and 
 entries as affecting admissibility in evi- 
 dence. 52 L.R.A. 590. 
 
 Admissibility of, in evidence in case of 
 money loaned or payments made by 
 party whose books are offered. 2 L.R.A. 
 (N.S.) 401. 
 
 Admissibility. upon testimony of book- 
 keeper, of entries in a party's books 
 of account, based upon oral or 
 written statements by others. 36 
 L.R.A. (N.S.) 899. 
 
 Admissibility of card index or loose-leaf 
 system of accounts. L.R.A. 1916B, 634. 
 
 140. Partnership books. 
 
 General rules as to admissibilitv. 52 L.R.A. 
 
 833. 
 In favor of the partnership or a partner. 
 
 52 L.R.A. 83G. 
 
 Against the partnership or a partner. 52 
 
 L.R.A. 838. 
 
 As between t> partners. 52 L.R.A. 842. 
 As between third persons. 53 L.R.A. 538. 
 Entries in partnership books of account as 
 admissions or as creating an estoppel. 
 
 53 L.R.A. 534. 
 
 Admissibility of entries in partnership 
 books of account by absent or deceased 
 partner. 52 L.R.A. 561. 
 
 Admissibility of entry of sale and delivery 
 of goods in books of account to charge 
 copartnership. 52 L.R.A. 693. 
 
 141. Party's hooks 
 his o\vn favor. 
 
 as evidence in 
 
 <' neral doetrines independent of, and under, 
 statutes. 52 L.R.A. 546. 
 
 Rule where party keeps a cle;k. 52 L.R.A. 
 570. 
 
 Form and requisites generally. 52 L.R.A. 
 572. 
 
 Entries original or transferred. 52 L.R.A. 
 
 icitlt 
 
 booK on crrrij lair question. 
 
 EVIDENCE, V. g cont'd 
 
 Time for making the entries. 52 L.R.A. 
 
 583. 
 Regularity as to course of business. 52 
 
 L.R.A. 587. 
 Entries showing intent to charge. 52 L.R.A. 
 
 589. 
 Authentication and correctness of books and 
 
 entries. 52 L.R.A. 590. 
 Knowledge of the person making the entries. 
 
 52 L.R.A. 595. 
 
 Effect of exhibition of books to, and admis- 
 sion of correctness by, the person 
 charged. 52 L.R.A. 598. 
 
 Use of whole book after use of part. 52 
 L.R.A. 600. 
 
 Books prodmed on notice. 52 L.R.A. 602. 
 
 Production of all books pertaining to trans- 
 actions. 52 L.R.A. 602. 
 
 Pass books. 52 L.R.A. 602. 
 
 Secondary evidence of contents of absent 
 books. 52 L.R.A. 604. 
 
 Province of court and jury. 52 L.R.A. 608. 
 
 142. Books as evidence between 
 other parties. 
 
 The general rule. 53 L.R.A. 513. 
 Exceptions enumerated. 53 L.R.A. 515. 
 Entries against interest. 53 L.R.A. 51C. 
 Entries constituting part of the res gesltr. 
 
 53 L.R.A. 521. 
 
 Entries required by legal or particular duty. 
 
 53 L.R.A. 521. 
 Entries in the course of business. 53 L.R.A. 
 
 526. 
 
 Ancient books. 53 L.R.A. 532. 
 Use of, to contradict, corroborate, or ex- 
 plain other evidence. 53 L.R.A. 5o'2. 
 Entries treated as a'dmissions, or as creat- 
 ing an estoppel. 53 L.R.A. 534. 
 Necessity of authentication and proof of 
 
 death or absence. 53 L.R.A. 540. 
 Variation of rules by statutory and con- 
 stitutional provisions. 53 L.R.A. 542. 
 
 143. entries made by deceased 
 persons. 
 
 Admissibility, as between third parties, of 
 entries against interest made by 
 deceased persons in books of ac- 
 count. 2 B. R. C. 670. 
 
 144. What provable by books. 
 
 Generally. 52 L.R.A. 689. 
 
 Sale and delivery of goods. 52 L.R.A. 690. 
 
 Work done, and services rendered, and ma- 
 terials furnished. 52 L.R.A. 697. 
 
 Money paid out or loaned. 52 L.R.A. 703. 
 
 Collateral facts generally. 52 L/.'.A. 710. 
 
 Contracts and their performance. 52 L.R.A. 
 711. 
 
 Ownership of property. 52 L.R.A. 716. 
 
 Contradiction and corroboration of wit- 
 nesses. 52 L.R.A. 717. 
 
 Pecuniary condition. 52 L.R.A. 71!). 
 
 Proof of negative. 52 L.R.A. 719. 
 
 Amount and value of insured goods burned. 
 52 L.R.A. 721. 
 
 Miscellaneous cases. 52 L.R.A. 722.
 
 INDEX TO L.R.A. NOTES. 
 
 507 
 
 EVIDENCE, V. ont'd 
 
 ti. Entries hi family Bible or other re- 
 ligious boole. 
 
 145. Generally. 
 
 General rule. 41 L.R.A. 449. 
 
 Grounds upon which admitted. 41 L.R.A. 
 
 451. 
 
 Cases in which admitted. 41 L.R.A. 452. 
 Time of entry material. 41 L.R.A. 454. 
 Necessity of production of book. 41 L.R.A. 
 
 454. 
 Necessity of proof of handwriting. 41 
 
 L.R.A. 455. 
 
 When declarant is alive. 41 L.R.A. 455. 
 When excluded. 41 L.R.A. 456. 
 Right of jury to book on retirement. 41 
 
 L.R.A. 456. 
 
 i. Scientific books and treatises. 
 
 146. Generally. 
 
 Exact sciences. 40 L.R.A. 553. 
 Inexact sciences. 40 L.R.A. 561. 
 Law. 40 L.R.A. 572. 
 Miscellaneous matters. 40 L.R.A. 574. 
 
 j. Mortality tables. 
 
 147. Generally. 
 
 Weight and sufficiency of, see infra, 307. 
 
 .Mortality tables as evidence. 40 L.R.A. 
 553;" L.R.A.1918C, 1071. 
 
 .Necessity of showing authenticity of mortal- 
 ity tables offered in evidence in death 
 action. L.R.A.1918C, 1076. 
 
 Method of authenticating mortality tables. 
 17 L.R.A. (N.S.) 1138. 
 
 7c. Miscellaneous documents. 
 
 
 
 148. General!:,-. 
 
 Price lists as evidence. 17 L.R.A. 851. 
 Use of photographs of doc\iments as evi- 
 dence. 35 L.R.A. 811; 51 L.R.A. (N.S.) 
 
 857. 
 Ordinances as evidfnce in private action 
 
 for violation of ordinance affecting 
 
 operation of railroads. 5 L.R.A. (N.S.) 
 
 216. 
 Census returns as evidence of age. 9 L.R.A. 
 
 (N.S.) 718. 
 Newspaper quotations as evidence of value. 
 
 16 L.R.A. (N.S.) 758. 
 In prosecution for infringement of union 
 
 labels. 39 L.R.A. (N.S.) 1202. 
 Resort to documentary evidence other than 
 
 journals in aid of enrolled bill. 40 
 
 L.R.A.(N.S.) 34. 
 Admissibility of entries in diary. 51 L.R.A. 
 
 (N.S.) '813. 
 Admissibility of abstract under the Torrens 
 
 Law. L.R.A.1916D, 40. 
 
 I. For purposes of comparison. 
 
 149. Generally. 
 
 Opinion evidence as to handwriting or type 
 
 writing, see supra, VIII. h. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, V. 1 cont'd 
 
 Use of photographs of documents for. 35 
 L.R.A. 812; 51 L.R.A. (N.S.) 857. 
 
 Admission of document, not otherwise rele- 
 vant as standard of comparison of 
 handwriting. 18 L.R.A. (N.S.) 520. 
 
 Use of letter press copy as standard for 
 comparison of handwriting. 63 L.R.A. 
 438. 
 
 Finger prints as evidence. 43 L.R.A. (N.S.) 
 1206. 
 
 m. Putting ^vllole ^vriting in evidence. 
 
 150. Generally. 
 
 Use of whole book of accounts after use of 
 part. 52 L.R.A. 600. 
 
 VI. Demonstrative evidence; articles 
 and things; view of jury. 
 
 151. Generally. 
 
 Articles taken from accused, see infra, 
 214. 
 
 As to protection of accused against self- 
 incrimination, see CRIMINAL LAW, 
 49-53. 
 
 Physical examination of party, see DIS- 
 COVERY AND INSPECTION, 5. 
 
 Exhibition of article or sample to jury on 
 issue of quality of goods. 35 L.R.A. 
 (N.S.) 1021. 
 
 Right of jury in criminal case to determine 
 one's age by inspection or observation. 
 40 L.R.A. (N.S.) 470. 
 
 Finger prints as evidence. 43 L.R.A. (N.S.) 
 1206; 3 B. R. C. 70. 
 
 Permitting expert witness as to handwrit- 
 ing and typewriting to use diagrams 
 and black boards. L.R.A.1918D 645. 
 
 152. Dead body or portion of it. 
 
 Admission in evidence of portions of body 
 
 of deceased on trial for homicide. 12 
 
 L.R.A.(N.S.) 238. 
 Right of court to order disinterment of 
 
 corpse for evidential purposes. 22 
 
 L.R.A.(N.S.) 513. 
 
 153. Things taken from accused. 
 
 Admissibility against defendant of docu- 
 ments or articles taken from him. 5!) 
 L.R.A. 467; 8 L.R.A. (N.S.) 762: 34 
 L.R.A.(N.S.) 58; L.R.A.1915B, 834; 
 L.R.A.1916E, 715. 
 
 154. Resemblance as evidence of re- 
 lationship. 
 
 Parol testimony as to resemblance. 52 
 L.R.A. 500. 
 
 Exhibition of person for purpose of com- 
 parison. 52 L.R.A. 502. 
 
 Exhibition of child for purpose of determin- 
 ing paternity in bastardy proceedings. 
 L.R.A.1917B, 1148. 
 
 Comment by counsel in argument. 52 
 L.R.A. 505. 
 
 155. Identification by voice. 
 
 Identification of a person by voice. 13 
 L.R.A. (N.S.) 373.
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, VI. cont'd 
 
 an.l Millirirm-y <>f identification 
 
 .'Mihlati.m for admission of convrr- 
 
 sation or communication by telephone; 
 
 (i L.R.A.(N.S.) 1180; L.R.A.1918D, 
 
 720. 
 
 156. Photographs. 
 
 In general. 35 L.R.A. 802; 51 L.R.A.(N.S.) 
 843. 
 
 Proof of correctness. 35 L.R.A. 803; 51 
 L.R.A.(N.S.) 843. 
 
 As secondary evidence. 35 L.R.A. 804; 51 
 L.R.A.(N.S.) 849. 
 
 Discretion of court. 35 L.R.A. 805. 
 
 Of persons. 35 L.R.A. 805; 51 L.R.A. (N.S.) 
 850. 
 
 Of places. 35 L.R.A. 808; 51 L.R.A. (N.S.) 
 853. 
 
 Of documents. 35 L.R.A. 811; 51 L.R.A. 
 
 , VS.) 857. 
 
 For purpose of comparison of hand- 
 writing. 35 L.R.A. 812; 63 L.R.A. 
 438; L.R.A.1918D, 645. 
 
 Photographic copies of documents as orig- 
 inals. 12 L.R.A.(N.S.) 343. 
 
 Of other things. 35 L.R.A. 814; 51 L.R.A. 
 (N.S.) 858. 
 
 Extraneous matter on photographs. 35 
 L.R.A. 815; 51 L.R.A. (N.S.) 858. 
 
 X-ray photographs. 35 L.R.A. 815; 51 
 L.R.A. (N.S.) 858. 
 
 Effect and conclusiveness of photographs in- 
 troduced in evidence. 15 L.R.A. (N.S.) 
 1162. 
 
 157. Phonograph. 
 
 Evidence by. 8 L.R.A. (N.S.) 
 
 306. 
 
 158. Experiments. 
 
 Generally. 15 L.R.A. 221. 
 
 Experiments outside of the courtroom. 15 
 L.R.A. 222. 
 
 Experiments in the courtroom. 15 L.R.A. 
 222. 
 
 Self-incriminating evidence. 15 L.R.A. 223. 
 
 During view by jury. 42 L.R.A. 384; 34 
 L.R.A. (N.S.) 720. 
 
 Probability, without direct evidence, of 
 existence of condition as basis for ad- 
 mission of experiment. 8 L.R.A. (N.S.) 
 974. 
 
 8 158a. by jury. 
 
 Experiments by jurors. 15 L.R.A. 221; 34 
 
 L.R.A.(N.S.) 717. 
 During view. 42 L.R.A. 384; 34 L.R.A. 
 
 (N.S.) 720. 
 
 159. View of jury. 
 
 Hiulit to. 42 L.R.A. 368. 
 
 Discretion of the court as to. 42 L.R.A. 
 
 372. 
 
 Conduct of view. 42 L.R.A. 375. 
 Experiments during. 42 L.R.A. 384; 34 
 
 L.R.A.(N.S.) 720. 
 
 Nature and effect of view. 42 L.R.A. 385. 
 Appeals and reviews. 42 L.R.A. 391. 
 Costs of view. 42 L.R.A. 393. 
 Unauthorized views. 42 L.R.A. 394; L.R.A. 
 
 1915B, 703. 
 
 EVIDENCE, VI. cont'd 
 
 View outside the territorial jurisdiction. 
 
 L.R.A.1917F, 984. 
 
 VII. Varol 
 
 and extrinsic 
 to -trritini/. 
 
 a. In general. 
 
 evidence as 
 
 tritli this book on every law question. 
 
 IttO. Generally. 
 
 Parol evidence as best or secondary, see 
 
 supra, IV. 
 Statute of frauds generally, see CONTRACTS, 
 
 8 25-59. 
 Parol evidence rule as to estoppel or waiver 
 
 by insurance company, see INSURANCE, 
 
 144. 
 As to wills, see WILLS, 61. 
 
 General rule that parol evidence not admis- 
 sible to vary, add to, or alter a. 
 written contract. 6 L.R.A. 38;* 
 17 L.R.A. 270. 
 
 As to warehouse receipts. 19 L.R.A. 304. 
 
 To show nature of partition deed. 57 
 L.R.A. 341. 
 
 To show partnership in real estate. 27 
 L.R.A. 464; 37 L.R.A. (N.S.) 898. 
 
 To vary contract between heir and ancestor 
 relating to expectancy. 32 L.R.A. 597. 
 
 Parol evidence as to whether guaranty was 
 a continuing one. 39 L.R.A. (N.S.) 740. 
 
 Resort to parol evidence in aid of enrolled 
 bill. 40 L.R.A. (N.S.) 35. 
 
 Impeachment of enrolled bill by parol evi- 
 dence. 40 L.R.A. (N.S.) 32. 
 
 Consideration of extrinsic evidence to show 
 unconstitutionality of stutute. 14 
 L.R.A. 459; L.R.A.1915D, 458. 
 
 Admissibility of extrinsic evidence as to 
 time for delivery of goods where none 
 is specified in written contract. 31 
 L.R.A. (N.S.) 619. 
 
 Admis*sibility of parol evidence as to man- 
 ner or means of paying written 
 contract not within statute of 
 frauds, purporting to be payable 
 in money. 31 L.R.A. (N.S.) 235. 
 
 Parol evidence rule as to varying or con- 
 tradicting written contracts as affected 
 by the doctrine of waiver or estoppel 
 as applied to policies of insurance. 16 
 L.R.A. (N.S.) 1165. 
 
 Parol evidence to segregate lienable and 
 nonlienable items intermingled in me- 
 chanics' lien claim. 39 L.R.A. (N.S.) 
 316. 
 
 Bill of review for newly discovered parol 
 evidence. 30 L.R.A. (N.S.) 1035. 
 
 Parol evidence to vary or supplement min- 
 utes of public body. 50 L.R.A. 
 (N.S.) 99. 
 
 Admissibility of extrinsic evidence as t<w 
 time for delivery of goods where none 
 is specified in written contract. L.R.A. 
 1916B, 1039. 
 
 Deposit slips and deposit entries in pass 
 lK)oks as contracts within the rule 
 against parol evidence to vary or con- 
 tradict written contracts. L.R.A.1918B, 
 298. 
 
 As to recital in insurance policy of receipt, 
 of first premium. L.R.A. 1918A, 308.
 
 INDEX TO L.R.A. NOTES. 
 
 509 
 
 EVIDENCE, VII. a cont'd 
 
 Applicability of rule excluding parol evi- 
 dence to vary a written contract in 
 favor of or against a stranger to the 
 contract. L.R.A.1916A, 592. 
 
 6. Custom. 
 
 161. Generally. 
 
 Admissibility of parol evidence that pro- 
 hibited articles were customarily kept 
 on such premises as those insured. 
 L.R.A.1917C, 296. 
 
 Admissibility of evidence of custom to cre- 
 ate an exception to written contract. 
 3 L.R.A. (N.S.) 248. 
 
 Parol evidence of custom to vary or sup- 
 plement minutes of public bodv. 50 
 L.R.A. (N.S.) 102. 
 
 Extrinsic evidence of custom or usage as 
 to time for delivery of goods where 
 none is specified in written contract. 
 31 L.R.A.(N.S.) 619; L.R.A.1916B, 
 1040. 
 
 <;. Prior and collateral parol agree- 
 ments. 
 
 162. Generally. 
 
 Admissibility of, to vary terms of written 
 contract, generally. 17 L.R.A. 273. 
 
 Admissibility of parol evidence as to im- 
 provements to be made on tract from 
 which a lot is sold. 36 L.R.A. (N.S.) 
 896. 
 
 Admissibility of evidence of conversation 
 expressly referred to in written con 
 tract. 32 L.R.A. (N.S.) 383. 
 
 Proof of escrow agreement by parol. 18 
 L.R.A. (N.S.) 337. 
 
 Admissibility of parol evidence to show res- 
 ervation of growing crops from deed. 
 23 L.R.A.(N.S.) 3218; L.R.A.1917C, 37, 
 44. 
 
 Parol evidence that written instrument for 
 payment of money was executed in re- 
 liance on parol promise that payment 
 was subject to a condition not incor- 
 porated therein. 18 L.R.A. (N.S.) 434. 
 
 Admissibility of parol evidence that pay- 
 ment agreed in writing to be made was 
 to be made by note. 3 B. R. C. 77. 
 
 Admissibility of parol evidence to affect 
 scope of covenants in a conveyance 
 of real property. L.R.A. 1916E, 
 221. 
 
 Competency of parol evidence of an agree- 
 ment by the vendor of a business not 
 to re-engage therein, where some part 
 of the agreement has been reduced to 
 writing. L.R.A.1917B, 276. 
 
 163. warranty. 
 
 Right to show parol warranty in connection 
 with a contract of sale of pcrsonaltv. 
 19 L.R.A. (N.S.) 1183. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, VII. cont'd 
 
 d. Subsequent changes. 
 
 164. Generally . 
 
 To show waiver. 13 L.R.A. 633.* 
 
 e. Meaning; intention; explanation. 
 
 165. Meaning. 
 
 May an instrument not on its face of a tes- 
 tamentary character be shown by ex- 
 trinsic evidence to be such, so as to 
 take effect as a will. 13 L.R.A. (N.S.) 
 1203. 
 
 166. Intention. 
 
 Presumption and burden of proof as to, 
 
 see supra, 41. 
 
 Opinion evidence as to, see infra, 197. 
 Relevancy of evidence as to, see infra, 
 
 255/256. 
 Sufficiency of evidence as to, see infra, 
 
 299. " 
 As to purpose of indorsement of commercial 
 
 paper, see infra, 170. 
 Parol evidence that deed was intended to 
 
 operate as a mortgage or pledge, see 
 
 infra, 182. 
 
 Of parties to written contract, admissibility 
 of parol evidence to prove. 6 
 L.R.A. 40;* 17 L.R.A. 273. 
 
 To show that a writing was not intended 
 to create legal relations, but was exe- 
 cuted as a sham. L.R.A.1917B, 263. 
 
 Parol evidence to show persons meant by 
 ambiguous designation in policy on 
 property belonging to decedent's estate. 
 42 L.R.A. (N.S.) 82. 
 
 Right to show by extrinsic evidence that 
 payment of judgment against, or con- 
 sideration for release of, alleged joint 
 tort feasor, was not a satisfaction of 
 claim. 14 L.R.A. (N.S.) 329. 
 
 Parol evidence to show that the parties to 
 a written contract which merely names 
 a class or species contemplated a par- 
 ticular quality or kind. 9 L.R.A. 
 (N.S.) 967. 
 
 Right to show by extrinsic evidence that 
 payment of judgment against or con- 
 sideration for release of alleged joint 
 tort feasor was not a satisfaction of 
 claim. 14 L.R.A. (N.S.) 330; 33 L.R.A. 
 (N.S.) 983. 
 
 Admissibility of parol evidence to show to 
 which indorsement qualifying words be- 
 long. 49 L.R.A. (N.S.) 789. 
 
 Admissibility of parol evidence as to mo- 
 tive or intention to contradict minutes 
 of public body. 50 L.R.A. (N.S.) 102. 
 
 167. of testator. 
 
 Presumption and burden of propf as to, 
 
 see supra, 42. 
 Relevancy of evidence as to, see infra, 
 
 257. 
 
 As to intention to incorporate extrinsic 
 document into will. 68 L.R.A. 384.
 
 510 
 
 INDEX 10 L.1I.A. NOTES. 
 
 KVIDKXCE, VII. e cont'd 
 
 Admissibility (if extrinsic evidence of tes- 
 irt intent to adeem legacy or de- 
 legacy by gift. 39 L.R.A. (N.S.) 592; 
 40 L.R.A.(N.S.) 551, 558; L.R.A.1916C, 
 618. 
 
 Admisflibility of extrinsic evidence for the 
 purpose of charging property with pay- 
 ment of legacies or debts where the will 
 is silent on that point. 19 L.R.A. 
 (N.S.) 457. 
 
 Admissibility of extrinsic circumstances in 
 ascertaining intention of testator in 
 respect to disinheriting an after-born 
 child. 13 L.R.A.(N.S.) 780. 
 
 Admissibility of extrinsic evidence as to 
 whether omission of child from will 
 was intentional. 51 L.R.A. (N.S.) 
 646. 
 
 Admissibility of extrinsic evidence to show 
 that instrument, on its face a will, was 
 not intended as such. 28 L.R.A. (N.S.) 
 417. 
 
 May beneficiary be put to his election by 
 extrinsic evidence of testator's inten- 
 tion. 28 L.R.A.(N.S.) 657. 
 
 Admissibility of parol evidence to create or 
 rebut presumption of satisfaction of 
 debt by legacy or devise to creditor. 
 L.R.A.1915B, 1178. 
 
 18. To aid construction and explain 
 ambiguities. 
 
 To explain telegrams. 50 L.R.A. 245. 
 
 Admissibility of parol evidence to aid in 
 construction of fire insurance policy 
 covering "additions." 33 L.R.A. (N.S.) 
 161. 
 
 Parol evidence to vary or contradict insur- 
 'ance policy which is ambiguous. 16 
 L.R.A.(N.S.) 1181. 
 
 Admissibility, under rule that parol evi- 
 dence is admissible to explain ambigui- 
 ties, of parol evidence that written 
 instrument importing an absolute con- 
 veyance was intended as a mortgage 
 or pledge. L.R.A.1916B, 64. 
 
 /. As to commercial paper. 
 
 169. Generally. 
 
 Presumption and burden of proof as to, see 
 supra, 95-98. 
 
 Applicability of rule excluding parol evi- 
 dence to vary contract in favor of or 
 against a stranger to the contract. 
 L.R.A.1916A, 597, 608. 
 
 Admissibility of parol evidence to show to 
 which indorsement qualifying words be- 
 long. 49 L.R.A. (N.S.) 789. 
 
 8 170. Purpose of indorsement. 
 
 Presumption and burden of proof as to. 
 see supra, 97. 
 
 Parol evidence to show intention of party 
 indorsing paper before delivery. 18 
 L.R.A. 33. 
 
 As to intention of irregular indorser. 
 L.R.A. 36. 
 
 18 
 
 EVIDENCE, VII. f cont'd 
 
 171. unrestricted indorsement. 
 
 Right to show by parol evidence that in- 
 dorsement unrestricted in form was 
 made for purpose of collection only. 
 
 17 L.R.A.(N.S.) 838. 
 Admissibility of parol evidence, as between 
 
 indorser and indorsee, that unrestricted 
 indorsement was made merely to trans- 
 fer title to the owner. 28 L.R.A. N.S.) 
 530. 
 
 172. Character of parties to. 
 
 Parol evidence to disclose and charge prin- 
 cipal on negotiable- paper executed 
 by agent. 21 L.R.A. (N.S.) 1080. 
 
 Admissibility of parol evidence to vary the 
 liability of an irregular party to a bill 
 or note from that declared by the nego- 
 tiable instruments act. 19 L.R.A. (N.S.) 
 136. 
 
 Admissibility of parol evidence as to liabil- 
 ity of accommodation parties inter se. 
 28 L.R.A. (N.S.) 1045. 
 
 Right of agent to show that a note signed 
 by him apparently as obligor was not 
 to be delivered until words indicating 
 representative capacity had been added 
 to his signature. L.R.A.1915A, 590. 
 
 173. Conditions in. 
 
 Admissibility of parol evidence to show that 
 bill or note was delivered upon con- 
 dition. 18 L.R.A. (N.S.) 288; L.R.A. 
 1917C, 306. 
 
 Admissibility of parol evidence of an agree- 
 ment between accommodation parties 
 to become cosureties. 28 L.R.A. (N.S.) 
 1045. 
 
 Admissibility of parol evidence to prove 
 agreement by bank officer that liability 
 of party to commercial paper shall not 
 be enforced. 28 L.R.A. (N.S.) 501. 
 
 Admissibility of parol evidence that writ;t ;i 
 instrument for the payment of in.-moy 
 was executed in reliance upon parol 
 promise that payment was subject to 
 a condition not incorporated therein. 
 
 18 L.R.A. (N.S.) 434. 
 
 174. To show who is liable as 
 maker. 
 
 Principals and agents. 20 L.R.A. 705. 
 
 Right of agent to show that a note signed 
 by him apparently as obligor was not 
 to be delivered until words indicating 
 representative capacity had been added 
 to his signature. L.R.A.1915A, 590. 
 
 Principal and surety. 20 L.R.A. 711. 
 
 g. As to consideration. 
 
 175. Generally. 
 
 Presumption and burden of proof as to, see 
 
 supra, 90. 
 
 Admissibility, under rule admitting parol 
 evidence to ohow real consideration of 
 contract, of parol evidence that writ- 
 ten instrument importing an absolute 
 transfer of title was intended as :i 
 mortgage or pledge. L.R.A. 1916B, 03. 
 Begin with this book on every law question. .
 
 INDEX TO L.R.A. NOTES. 
 
 511 
 
 EVIDENCE, VII. g cont'd 
 176. Of deed. 
 
 In general. 20 L.R.A. 101; 68 L.R.A. 928; 
 25 L.R.A. (N.S.) 1194. 
 
 Where sale was made "subject to" an en- 
 cumbrance. 20 L.R.A. 106. 
 
 Evidence to deny receipt of consideration 
 acknowledged as paid by the deed. 20 
 L.R.A. 102; 25 L.R.A.(N.S.) 1197. 
 
 Evidence to show an additional considera- 
 tion. 20 L.R.A. 103; 25 L.R.A. 
 (N.S.) 1198. 
 
 Evidence to show what is meant by other 
 considerations. 25 L.R.A. (N.S.) 1201. 
 
 Evidence that consideration was given for 
 something in addition to the land. 20 
 L.R.A. 105; 25 L.R.A. (N.S.) 1201. 
 
 Evidence to show that expressed considera- 
 tion is larger than agreed considera- 
 tion. 25 L.R.A.(N.S.) 1202. 
 
 Evidence to show that grantee assumed ex- 
 isting liens. 25 L.R.A. (N.S.) 1202. 
 
 Evidence to show that the land had been 
 sold by unit of measurement. 20 
 L.R.A. 106; 25 L.R.A. (N.S.) 1204. 
 
 Payment otherwise than in monev. 20 
 L.R.A. 106. 
 
 Evidence to show that the deed was in- 
 tended as an advancement. 20 L.R.A. 
 108; 25 L.R.A. (N.S.) 1205. 
 
 Evidence as to damages for breach of cove- 
 nant. 20 L.R.A. 107; 25 L.R.A. (N.S.) 
 1205. 
 
 Evidence to show a valuable consideration 
 where the deed expresses a good or a 
 nominal consideration onlv, or vice 
 versa. 25 L.R.A. (N.S.) 1205. 
 
 Where the consideration is contractual. 25 
 L.R.A. (N.S.) 1207. 
 
 Evidence as to consideration which tends to 
 vary the deed. 25 L.R.A. (N.S.) 1208. 
 
 Evidence to invalidate the deed. 25 L.R.A. 
 (N.S.) 1209. 
 
 In an action by the grantor to set aside the 
 deed. 20 L.R.A. 108. 
 
 To establish a trust in a third person. 
 20 L.R.A. 109. 
 
 To establish a use. 20 L.R.A. 109. 
 
 In an action by a creditor to set aside. 20 
 L.R.A. 110. 
 
 Deed by or to a married woman. 20 L.R.A. 
 112. 
 
 In an action by one grantee against an- 
 other. 20 L.R.A. 113. 
 
 Admissibility of parol evidence to show true 
 nature of transaction where the recited 
 consideration of a deed is shown not to 
 have been paid. 24 L.R.A.(N.S.) 413. 
 
 h. Fraud; surprise; mistake; omissions. 
 
 177. Fraud; surprise; mistake. 
 
 Presumption and burden of proof as to 
 
 fraud, see supra, 47. 
 Relevancy of evidence as to fraud, see infra, 
 
 259. 
 Sufficiency of evidence as to fraud, see infra, 
 
 301. 
 
 As exception to rule excluding parol evi- 
 dence to vary written contract, gener- 
 ally. 6 L.R.A. 45,* 46,* 838;* 17 
 L.R.A. 272. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, VII. h cont'd 
 178. to correct description of 
 land. 
 
 To show mistake in description of land de- 
 vised. 16 L.R.A. 321; 6 L.R.A. (N.S.) 
 943; L.R.A.1915E, 1008. 
 
 May an extrinsic document not referred to 
 in a memorandum of sale of real prop- 
 erty be referred to in aid of a defective 
 description in the memorandum or con- 
 tract so as to satisfy the statute of 
 frauds. 18 L.R.A.(N.S.) 616. 
 
 179. Omissions. 
 
 To supply omission. 6 L.R.A. 324.* 
 
 i. Condition; trust; mortgage. 
 
 180. Condition. 
 
 In bill or note, see supra, 173. 
 
 Admissibility of parol evidence to show liat 
 release was delivered upon condition. 
 36 L.R.A. (N.S.) 1147. 
 
 Right of an agent to show that a contract 
 signed by him apparently as obligor 
 was not to be delivered until words 
 indicating representative capacity had 
 been added to his signature. L.R.A. 
 1915A, 590. 
 
 181. Parol evidence as to trusts. 
 
 To establish trusts. 6 L.R.A. 47;* 10 
 
 L.R.A. 401;* 17 L.R.A. 270. 
 In case of partnership lands. 27 L.R.A. 
 464. 
 
 182. Mortgage. 
 
 In case of mortgage of future or growing 
 
 crops. L.R.A.1917C, 27, 28, 30. 
 Admissibility of extrinsic evidence to ex- 
 tend scope of mortgage clause. 34 
 L.R.A. (N.S.) 503. 
 
 Parol evidence that a written instrument 
 which on its face imports a com- 
 plete transfer of a legal or equi- 
 table estate or interest in prop- 
 erty was intended to operate as a 
 mortgage or pledge. L.R.A. 1916B, 
 18. 
 
 Applicability of rule excluding parol evi- 
 dence to vary contract in favor of or 
 against a stranger to the contract. 
 L.R.A.1916A, 594, 606. . 
 
 j. To identify subject or persons. 
 
 183. Generally. 
 
 To identify mortgaged property in case of 
 mortgage of future or growing crops. 
 L.R.A.1917C, 28. 
 
 To identify grantees in deed describing them 
 by firm name. 1 L.R.A. (N.S.) 157. 
 
 Parol evidence to establish identity of lega- 
 tee or devisee. 47 L.R.A. (N.S.) 514. 
 
 As to resemblance between persons. 52 
 L.R.A. 500. 
 
 7c. Character of party. 
 
 184. Generally. 
 
 To commercial paper, see supra, 172.
 
 JNDKX TO L.R.A. NOTES. 
 
 r> i -i 
 
 \.\ IDKXCE, VII. k confd 
 
 ,\- to party in interest in contract. 25 
 L.R.A. 205. 
 
 Parol evidence that one of tlie pcri-ims who 
 signed an instrument relating to real 
 property was agent for undisclosed 
 principal. 24 L.R.A.(X.S.) 315. 
 
 Right of agent to show that a contract 
 signed by him apparently as obligor 
 was not to be delivered until words in- 
 dicating representative capacity had 
 been added to hie signature. L.R.A. 
 1915A, 590. 
 
 VIII. Opinions and conclusions; expert 
 testimony. 
 
 a. In general. 
 
 g 185. Generally. 
 
 \\Vight of expert testimony, see infra, 290. 
 
 Right of witness to express an opinion on 
 nontechnical subject because of impos- 
 sibility or difficulty of reproducing the 
 data. L.R.A.1918A, 662. 
 
 Admissibility of opinions founded on books 
 of inexact sciences. 40 L.R.A. 566. 
 
 Admissibility of dying declarations consist- 
 ing of opinions and conclusions. 56 
 L.R.A. 375: 21 L.R.A. (N.S.) 840. 
 
 By person causing accident made sometime 
 thereafter as res gestce. 42 L.R.A. 
 (N.S.) 938. 
 
 Constitutionality of statute permitting 
 court to appoint expert witnesses. 33 
 L.R.A.(N.S.) 917. 
 
 b. Hypothetical questions. 
 
 g 186. Generally. 
 
 To witness testifying as to tanity or insan- 
 i'y. 30 L.R.A. 313. 
 
 Opinion of expert witness as basis of ques- 
 tion to other witnesses. ?9 L.R.A. 
 (N.S.) 537. 
 
 c. Cause and effect. 
 
 187. Generally. 
 
 Relevancy of evidence as to, see infra, 
 248. 
 
 Right of witness to express opinion as to. 
 because of impossibility or difficulty 01 
 reproducing the data. L.R.A.1918A, 
 689. 
 
 Admissibility of opinion of witness as to 
 damaging effect of libel or slander. 35 
 L.R.A. (X.S.) 1119. 
 
 May perjury be predicated of testimony as 
 to effect of an understanding or agree- 
 ment. 22 L.R.A. (N.S.) 1216. 
 
 187a. Cause of occurrence or acci- 
 dent. 
 
 Expert opinions. L.R.A. 1915A, 1045. 
 Nonexpert opinions. L.R.A. 191 5A, 1053. 
 Miscellaneous. L.R.A. 1915A, 1056. 
 
 187b. Cause 
 injury. 
 
 opinions. 
 
 of death, disease, or 
 
 L.R.A.1915A, 1058. 
 
 Begin u'itli this book on every law question. 
 
 EVIDENCE, VIII. c cont'd 
 Nonexpert opinions. L.R.A. 1915A, 1076. 
 Admissibility of opinion evidence as to 
 whether wounds or other external in- 
 juries were self-inflicted. L.R.A. 191 5A, 
 1088. 
 
 Admissibility of opinion evidence as to kind 
 or nature of weapon or object with 
 which wound or other external in- 
 jury was inflicted. L.R.A. 1915B, 
 1143. 
 
 d. Intoxication. 
 
 188. Generally. 
 
 Opinion evidence bv nonexperts as to intox- 
 ication. 11 L.R.A. (N.S.) 639. 
 
 Opinion evidence as to intemperance of par- 
 ticular person. 15 L.R.A. (N.S.) 583. 
 
 e. Snnity and mental capacity. 
 
 189. Generally. 
 
 Relevancy of evidence as to, see infra, 254. 
 Sufficiency of evidence as to, see infra, 
 291, 292, 297, 298, 316. 
 
 190. Expert opinion as to. 
 
 Admissibility; generally. 39 L.R.A. 305. 
 
 Privilege of witnesses. 39 L.R.A. 306. 
 
 From observation or examination. 39 
 L.R.A. 308. 
 
 From the evidence. 39 L.R.A. 310. 
 
 On hypothetical statements or questions. 
 39 L.R.A. 313. 
 
 Qualifications of experts. 39 L.R.A. 317. 
 
 Basis of facts or reasons for opinion. 39 
 L.R.A. 319. 
 
 Cross-examination; contradiction; redirect 
 examination. 39 L.R.A. 326. 
 
 Weight. 39 L.R.A. 328; 42 L.R.A. 767. 
 
 In prosecution for rape of female of un- 
 sound mind. L.R.A.] 91 6F, 749. 
 
 191. Nonexpert opinion as to. 
 
 I lie general rule us to admissibilitv. 38 
 L.R.A. 721. 
 
 Exceptions. 38 L.R.A. 724. 
 
 As to the contractual or testamentary 
 capacity of another. 37 L.R.A. (N.S.) 
 591. 
 
 In prosecution for rape of female of un- 
 sound mind. L.R.A.1916F, 749. 
 
 What constitutes opinion evidence. 38 
 L.R.A. 727. 
 
 Who may give. 38 L.R.A. 728. 
 
 Acquaintance necessary. 38 L.R.A. 729. 
 
 Facts and reasons as a basis for an opinion. 
 38 L.R.A. 733. 
 
 Time to which opinion relates. 38 L.R.A. 
 743. 
 
 Cross-examination, rebuttal, and impeach- 
 ment. 38 L.R.A. 743. 
 
 Weight. 38 L.R.A. 745; 39 L.R.A. 331. 
 
 192. opinions of subscribing wit- 
 nesses. 
 
 Admissibility. 39 L.R.A. 715. 
 Necessity of giving. 39 L.R.A. 717. 
 cope. 39 L.R.A. 718.
 
 INDEX TO L.R.A. NOTES. 
 
 513 
 
 EVIDENCE, VIII. e cont'd 
 Contradiction. .'59 L.R.A. 719. 
 Weight. 39 L.R.A. 720. 
 
 193. Rift-l:t of witness to give opin- 
 ion on exact issue. 
 
 The general rule. 36 L.R.A. 64. 
 Criminal prosecutions. 36 L.R.A. 65. 
 Evidence with respect to contracts and 
 
 deeds. 36 L.H.A. 65. 
 Evidence with respect to guardianship of 
 
 the insane. 36 L.R.A. 66. 
 Evidence in will contests. 36 L.R.A. 66. 
 Contrary cases. 36 L.R.A. 68. 
 
 /. Value; damages; speed. 
 
 194. Value; damages. 
 
 Relevancy of evidence as to, see infra, XII. 
 f. 
 
 Right of witness to express opinion as to, 
 because of impossibility or difficulty of 
 reproducing the data. L.R.A.1918A, 
 691. 
 
 Opinion evidence on question of value of the 
 use or rental of property. 44 
 L.R.A. (N.S.) 50]. 
 
 Conclusivcness of the testimony of experts 
 as to the value of professional services. 
 45 L.R.A. (N.S.) 181. 
 
 As to value of household goods or wearing 
 apparel in action for loss or conversion 
 of or injury to. L.R.A.1917D, 505. 
 
 Admissibility of opinion of party or wit- 
 ness as to extent of monetary damages 
 sustained in consequence of personal in- 
 jury. 52 L.R.A.(N.S.) 167. 
 
 To show pecuniary loss in action for wrong- 
 ful death. L.R.A.1918C, 1096. 
 
 195. Speed. 
 
 As to speed of automobiles or other road ve- 
 hicles. 34 .. L.R.A. (N.S.) 778. 
 
 As to the speed of street cars. 34 L.R.A. 
 (N.S.) 784. 
 
 As to 'speed of trains and hand cars. 34 
 L.R.A. (N.S.) 790. 
 
 g. Negligence; intent. 
 
 196. Nesrlia:ence. 
 
 Presumption and burden of proof as to, see 
 
 supra, III, g. 
 Rolevancy of evidence as to, see infra, XII. 
 
 ^ * . 
 
 Sufficiency of evidence as to, see infra, XIII. 
 b. 
 
 AdmifiSibility of opinion as to existence of 
 defect in appliances furnished servant. 
 41 L.R.A. 153. 
 
 Admissibility of expert testimony in ac- 
 tion for damages from escape and ex- 
 plosion of gas. 29 L.R.A. 345. 
 
 197. Intent. 
 
 Presumption and burden of proof as to, 
 
 see supra, 41, 42. 
 
 P.irol evidence as to, see supra, 166, 167. 
 Relevancy of evidence as to, see infra, 
 
 265, 257. 
 
 Sufiioiency of evidence as to, see infra, 299. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, VIII. g cont'd 
 Right of witness to give conclusions as to 
 his intent. 23 L.R.A. (N.S.) 379. 
 
 h. Handurriting ; typewriting; finger 
 prints. 
 
 1. Handwriting. 
 
 198. Generally. 
 
 Opinion evidence as to ancient signature. 
 36 L.R.A. (N.S.) 162. 
 
 Opinion evidence as to age of writing. 
 L.R.A.1918B, 437. 
 
 Value of expert testimony as to handwrit- 
 ing. L.R.A.1918D, 642. 
 
 Conclusiveness of expert testimony as to 
 hand writing. 42 L.R.A. 771. 
 
 199. Competency of witnesses to. 
 
 In general. 63 L.R.A. 985. 
 
 Witness to ancient writings. 63 L.R.A. 
 984. 
 
 Competency of opinion as to handwriting 
 of lost instrument based upon compar- 
 ison with admittedly genuine hand- 
 writing. 41 L.R.A.(N.S.) 391. 
 
 200. nonexpert witnesses. 
 
 Generally. 63 L.R.A. 964. 
 
 What is prima facie a sufficient foundation 
 for the opinion of the witness. 63 
 L.R.A. 966. 
 
 Presumptions as to knowledge. 63 L.R.A. 
 968. 
 
 Knowledge from seeing the individual write. 
 63 L.R.A. 968. 
 
 Knowledge from correspondence. 63 L.R.A. 
 971. 
 
 Knowledge from acknowledged writings. 
 63 L.R.A. 973. 
 
 Knowledge from official signatures. 63 
 L.R.A. 974. 
 
 Knowledge otherwise acquired. 63 L.R.A. 
 975. 
 
 Knowledge otherwise limited. 63 L.R.A. 
 977. 
 
 Knowledge acquired post litem motam. 63 
 L.R.A. 978. 
 
 Uncertainty of opinion. 63 L.R.A. 979. 
 
 Identity of the writer. 63 L.R.A. 981. 
 
 Competency as affected by previous 
 comparison. 63 L.R.A. 982. 
 
 Knowledge necessary for proof of writ- 
 ings not in court. 63 L.R.A. 983. 
 
 Competency of nonexpert to testify as to au- 
 thorship of writings when he bases his 
 opinion upon letters purporting to 
 come from the person whose handwrit- 
 ing is in question. 7 L.R.A. (N.S.) 
 557. 
 
 201. Comparison of. 
 
 Admissibility of document for purpose of 
 comparison, see supra, 149. 
 
 Generally. 62 L.R.A. 818. 
 
 The English general rules. 62 L.R.A. 818. 
 
 The various American general rules. 62 
 
 L.R.A. 832. 
 Comparison of ancient writings. 62 L.R.A. 
 
 861. 
 
 33
 
 INDEX TO L.R.A. NOTES. 
 
 KVIDKM I . \ HI. h, 1 oont'd 
 
 rnmparison with writings already in evi- 
 dence or in the record. 62 L.R.A. 
 862. 
 
 Comparison with writings made in court. 
 ti-J L.R.A. 864. 
 
 Comparison by the jury and by the court 
 152 L.R.A.' 867. 
 
 Comparison by witnesses. 62 L.R.A. 869. 
 
 Comparison to show copying of signature 
 (the Rowland Will Case). 62 L.R.A. 
 870. 
 
 Construction and validity of the statutes. 
 62 L.R.A. 871. 
 
 Weight and relevancy of the evidence. 62 
 L.R.A. 871. 
 
 Comparison of lost instruments. 62 L.R.A. 
 873. 
 
 Comparison of marks and spelling of dis- 
 puted instrument. 65 L.R.A. 95. 
 
 Comparison of handwriting to show copy- 
 inir of signature. 34 L.R.A.(N.S.) 
 1004. 
 
 Examination of witnesses to handwriting 
 by comparison. 63 L.R.A. 163. 
 
 Opinion of expert as to hand writing by 
 comparison. 42 L.R.A. 773. 
 
 Value of expert testimony as to handwrit- 
 ing. L.R.A.1918D, 642. 
 
 202. competency of handwriting 
 ns standard for. 
 
 Admissibility of document for purposes of 
 comparison, see supra, 149. 
 
 Generally. 63 L.R.A. 428. 
 
 Sufficiency of the proof of genuineness. 63 
 
 L.R.A. 428. 
 What genuine documents are competent 
 
 standards. 63 L.R.A. 438. 
 
 203. competency of expert wit- 
 ness. 
 
 Generally. 63 L.R.A. 937. 
 
 Necessity of professional knowledge. 63 
 L.R.A. 940. 
 
 Disclaimer of being an expert. 63 L.R.A. 
 941. 
 
 Bank officers. 63 L.R.A. 941. 
 
 Public officers. 63 L.R.A. 942. 
 
 Bias of the witness. 63 L.R.A. 943. 
 
 Finality of the decision of the trial court. 
 63 L.R.A. 943. 
 
 20-1. Procedure in proof of; exami- 
 nation of witness. 
 
 Generally. 65 L.R.A. 151. 
 
 Purpose of the proof. 65 L.R.A. 153. 
 
 Examination of the witness. 65 L.R.A. 
 154. 
 
 Deciphering of obscurities. 65 L.R.A. 155. 
 
 Examination of witnesses to handwriting 
 by comparison. 63 L.R.A. 163. 
 
 8 205. Limitations of evidence to. 
 
 Immaterial facts. 64 L.R.A. 303. 
 Immaterial opinions. 64 L.R.A. 305. 
 Limits of expert testimony. 64 L.R.A. 307. 
 Proof of marks. 64 L.R.A. 313. 
 Proof of copies. 64 L.R.A. 314. 
 
 EVIDENCE, VIII. h, 1 cont'd 
 
 Value or weight of the evidence. 64 L.R.A 
 
 315. 
 
 Export testimony. 
 L.R.A. 317. 
 
 42 L.R.A. 771; 64 
 
 trith tliis boofc on every law question. 
 
 2. Typewriting; finger prints. 
 
 205a. Typewriting. 
 
 Comparison of,, and expert evidence as to, 
 typewriting. 45 L.R.A.(N.S.) 860. 
 
 Value of expert testimony as to. L.R.A. 
 1918D, 642. 
 
 205b. Finger prints. 
 
 Finger prints as evidence. 43 L.R.A. (N.S.) 
 1206. 
 
 Admissibility of evidence of resemblance be- 
 tween finger or hand prints, and its 
 sufficiency as proof of identity. 3 B. 
 R. C. 70. 
 
 i. Miscellaneous. 
 
 % 206. Generally. 
 
 Right of witness to express an opinion on 
 nontechnical subject because of impos- 
 sibility or difficulty of reproducing the 
 data. L.R.A.1918A, 662. 
 
 Under the Torrens Law. L.R.A.1916D, 39. 
 
 Opinions of witnesses as to identity of per * 
 son referred to in action for defamation 
 of unnamed person. 48 L.R.A. (N.S.) 
 364. 
 
 Identification of substance by odor. 42 
 L.R.A.(N.S.) 854. 
 
 Right of witness to state who was in pos- 
 session of property. 14 L.R.A. (N.S.) 
 289. 
 
 Expert testimony as to vicious character of 
 animals. 24 L.R.A. (N.S.) 1189. 
 
 Distance within which sparks from a prop- 
 erly equipped engine will set fire as a 
 subject of expert testimony. 22 L.R.A. 
 (N.S.) 1039. 
 
 Conclusion of witness as to sense ' of im- 
 pending death at time dying declara- 
 tions were made. 30 L.R.A. (N.S.) 
 399. 
 
 Right of court to decide question as to 
 quickest means of stopping train as 
 matter of common knowledge. 14 
 L.R.A.(N.S.) 261. 
 
 Admissibility of opinion evidence as to safe- 
 ty of place or appliance. 51 L.R.A. 
 565. 
 
 Competency of witness to express his con- 
 clusion as to character, quality or 
 marketability of title to real property. 
 L.R.A.1915E, 271. 
 
 IX. Confessions; involuntary evidence. 
 
 207. Generally. 
 
 As to self incrimination, generally, see 
 CRIMINAL LAW, .49-33. 
 
 Competency and sufficiency of, as evidence 
 
 before grand jury. 28 L.R.A. 318. 
 Admissibility in evidence of former plea of 
 guilty. L.R.A. 1916E, 640.
 
 INDEX TO L.R.A. NOTES. 
 
 515 
 
 EVIDENCE, IX. cont'd 
 
 Admissibility of confession made before 
 coroner. 70 L.R.A. 47. 
 
 Admissibility in criminal case of statements 
 or confessions made by accused before 
 the grand jury. 9 KR.A.(N.S.) 533. 
 
 Admissibility in criminal case of testi- 
 mony as to facts learned while spying 
 or eavesdropping. 17 L.R.A. (N.S.) 
 451. 
 
 Admissibility of schedules filed in Federal 
 bankruptcy proceedings, in prosecution 
 of bankrupt for concealment of prop- 
 erty. 18 L.R.A. (N.S.) 1194. 
 
 Necessity of proving corpus delicti in lar- 
 ceny in connection with confession. 28 
 L.R.A. (N.S.) 536. 
 
 Proof of corpus delicti in embezzlement in- 
 dependent of confession. L.R.A.1917A, 
 1289. 
 
 Proof of corpus delicti for purpose of cor- 
 roborating confession. 68 L.R.A. 50, 
 64, 68, 71, 73; L.R.A.1916B, 748, 848. 
 
 Right to cross-examine accused who has 
 taken witness stand as to confession 
 which would not be admissible in evi- 
 dence. 10 L.R.A. (N.S.) 604. 
 
 Opinion based on newspaper reports of 
 confession as disqualification of juror 
 in criminal case. 35 L.R.A.(NvS.) 
 1014. 
 
 Conclusiveness in civil action as a confes- 
 sion of judgment in criminal action. 
 11 L.R.A.(N.S.) 662. 
 
 la extra] udicial confession circumstantial 
 testimony? L.R.A.1917D, 595. 
 
 208. Uncontradicted statement in 
 presence of accused as. 
 
 General rules. 25 L.R.A. (N.S.) 543; 42 
 
 L.R.A.(N.S.) 890. 
 
 Foundation, grounds of admission, and na- 
 ture. 25 L.R.A. (N.S.) 549; 42 
 L.R.A. (N.S.) 890. 
 
 Circumstances of the accusation as affect- 
 ing. 25 L.R.A. (N.S.) 552; 42 
 L.R.A. (N.S.) 891. 
 
 Nature of statement as calling for response. 
 25 L.R.A. (N.S.) 564; 42 L.R.A. 
 (N.S.) 893. 
 Admission and use. 25 L.R.A. (N.S.) 570; 
 
 42 L.R.A. (N.S.) 894. 
 
 Rule admitting statements made in presence 
 of party, and undenied by him, as af- 
 fected by his mental or physical con- 
 dition at the time. 13 L.R.A. (N.S.) 
 349. 
 
 209. When confession is voluntary. 
 
 Reasons for exclusion of confessions. 18 
 
 L.R.A.(N.S.) 772; 50 L.R.A. (N.S.) 
 
 1077. 
 Character of confession; determination. 18 
 
 L.R.A. (N.S.) 777. 
 Confessions under personal restraint. 18 
 
 L.R.A. (N.S.) 795. 
 Arrest, suspicion. 18 L.R.A. (N.S.) 796; 50 
 
 L.R.A. (N.S.) 1084. 
 Confessions elicited by questions. 18 L.R.A. 
 
 (N.S.) 799; 50 L.R.A.(N.S.) 3085. 
 Effect of language assuming guilt addressed 
 
 to accused. 18 L.R.A. (N.S.) 802; 50 
 
 L.R.A. (N.S.) 1085. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, IX. cont'd 
 
 Confessions induced by hope or fear. 18 
 
 L.R.A.(N.S.) 804; 50 L.R.A. (N.S.) 
 
 1086. 
 Confessions procured by artifice or fraud. 
 
 18 L.R.A.(N.S.) 840; 50 L.R.A.(N.S.) 
 
 1088. 
 Confessions to persons in authority. 18 
 
 L.R.A.(N.S.) 843; 50 L.R.A. (N.S.) 
 
 1088. 
 
 Confessions in presence of persons in au- 
 thority. 18 L.R.A. (N.S.) 855. 
 Subsequent confessions. 18 L.R.A. (N.S.) 
 
 857; 50 L.R.A. (N.S.) 1088. 
 Inducements not immediately acted upon. 
 
 18 L.R.A.(N.S.) 868; 50 L.R.A.(N.S.) 
 
 1088. 
 Confessions under oath. 18 L.R.A. (N.S.) 
 
 872; 50 L.R.A. (N.S.) 1089. 
 Adopted confessions. 50 L.R.A. (N.S.) 1089. 
 Illegality of arrest as affecting confession. 
 
 27 L.R.A.(N.S.) 151. 
 Admissibility of confession of guilt induced 
 
 by offer of collateral benefit. 1 B. R. 
 
 C. 896. 
 
 209a. While under arrest. 
 
 Voluntariness of confession made under. 
 18 L.R.A.(N.S-) 796; 50 L.R.A.(N.S-) 
 1084. 
 
 Illegality of arrest, as affecting confession. 
 27 L.R.A. (N.S.) 151. 
 
 Uncontradicted statement in presence of 
 accused while under arrest as confes- 
 sion. 25 L.R.A. (N.S.) 558. 
 
 210. Confession by infant. 
 
 Confession by infants. 36 L.R.A. 208. 
 
 211. Admissibility of confession of 
 third person. 
 
 Admissibility, upon joint trial, of admission 
 or confession of one defendant tending 
 to incriminate codefendant. 2 B. R. 
 C. 353; 
 
 212. in behalf of accused. 
 
 Admissibility in behalf of accused of extra- 
 judicial confession of stranger. 37 
 L.R.A.(N.S.) 345. 
 
 213. Admissibility of evidence ob- 
 tained by involuntary or inadmissi- 
 ble confession. 
 
 In general. 53 L.R.A. 402. 
 
 Necessity of identifying things found. 53 
 L.R.A. 407. 
 
 214. Admissibility of articles taken 
 from accused. 
 
 Admissibility against defendant of docu- 
 ments or articles taken from' him. 59 
 L.R.A. 467; 8 L.R.A. (N.S.) 762; 34 
 L.R.A.CN.S.) 58; L.R.A.1915B, 834; 
 L.R.A.1916E, 715. 
 
 X. Admissions. 
 
 215. Generally. 
 
 Uncontradicted statement in presence of ac- 
 cused, see supra, 208.
 
 516 
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, X. ont'd 
 
 Competency before grand jury, of admis- 
 sions. 28 L.R.A. 318. 
 
 Proof of contents of writing by admissions. 
 L.R.A.1918C, 664. 
 
 Effect of admissions by adverse party to 
 dispense with production of attesting 
 witnesses. 35 L.R.A. 346. 
 
 Conclusiveness of judicial admission as to 
 strangers. 28 L.R.A.(N.S.) 327; L.R.A. 
 1915A, 200. 
 
 Admissibility on subsequent trial of ad- 
 mission made for purpose of defeating 
 continuance. 25 L.R.A. (N.S.) 169. 
 
 Admissions as evidence of agency against 
 persons making them. 35 L.R.A. (N.S.) 
 165. 
 
 Probative effect of admission by party of 
 fault or responsibility for accident, 
 15 L.R.A. (N.S.) 1096. 
 
 Admissibility, upon joint trial, of admission 
 of one defendant tending to incrimi- 
 nate codefendant. 2 B. R. C. 353. 
 
 Impeachment of enrolled bill by stipulations 
 or admissions of litigants. 40 L.R.A. 
 (N.S.) 33. 
 
 Admissibility of declarations against inter- 
 est as to ownership by one in possession 
 of personal property.* 49 L.R.A.(N.S.) 
 701. 
 
 Admissions showing that written instru- 
 ment importing absolute conveyance 
 was intended as a mortgage. L.R.A. 
 1916B, 285. 
 
 Admissibility in evidence of former plea of 
 guilty. L.R.A.1916E, 640. 
 
 Admissions or statements by assured out- 
 side of his application as evidence 
 against beneficiary. 11 L.R.A. (N.S.) 
 92. 
 
 XI. Declarations; hearsay; res gestce, 
 privileged communications. 
 
 a. In general. 
 
 8 216. Generally. 
 
 Reputation as proof of partnership. L.R.A. 
 1918D, 505. 
 
 Newspaper quotations as evidence of valuo 
 16 L.R.A. (N.S.) 758. 
 
 Evidence of other crime which is part of 
 the res gestce. 62 L.R.A. 308. 
 
 Admissibility of memoranda on check stubs 
 as part of the res gestce. 42 L.R.A. 
 (N.S.) 727. 
 
 Declarations as to ownership by one in pos- 
 session of personal property. 49 L.R.A 
 (X.S.) 700. 
 
 Admissibilty of declarations and repute on 
 question whether child was born dead 
 or alive. L.R.A.1918D, 1085- 
 
 g 217. Relative time of transaction 
 and declarations. 
 
 How near the main transaction must decla- 
 rations be made in order to consti- 
 tute part of the res gesta\ 10 
 L.R.A. 733. 
 
 Begin with this book on every law question. 
 
 EVIDENCE, XI. a cont'd 
 
 218. Admissibility of declarations 
 
 as res gestae as affected by incom- 
 
 petency as a witness of person 
 
 making them. 
 
 Children. 65 L.R.A. 316; L.R.A.1915E, 204. 
 Husband and wife. L.R.A.1915E, 204. 
 Convicts and unpardoned felons. L.R.A. 
 
 1915E, 205. 
 
 Slaves. L.R.A.1915E, 205. 
 Insane persons. L.R.A. 191 5E, 207.. 
 
 219. As to marriage, pedigree, pa- 
 ternity, or maternity. 
 
 Admissibility of declarations of relatives of 
 claimant on issue of his relationship or 
 heirship to decedent. L.R.A.1915D, 
 215. 
 
 Declarations to show maternity of illegiti- 
 mate child. 11 L.R.A.(N.S.) 1052. 
 
 Admissibility of declarations of parents or 
 putative parent as to paternity or ma- 
 ternity of child. 6 B. R. C. 852. 
 
 b. Privileged communications. 
 
 220. Generally. 
 
 As to protection against self-incrimination, 
 
 see CRIMINAL LAW, 49-53. 
 Effect of death of party to render other 
 
 party incompetent as a witness, see 
 
 WITNESSES, 22-24. 
 For privilege of witnesses, generally, see 
 
 WITNESSES, 40. 
 
 As to sanity or insanity. 38 L.R.A. 726. 
 
 Communications made in confidence as priv- 
 ileged communications. 35 L.R.A. 
 (N.S.) 583. 
 
 Admissibility in evidence of communica- 
 tions made to persons serving in a ju- 
 dicial capacity. 67 L.R.A. 923. 
 
 Privilege of communications to clergy, or 
 other church or ecclesiastical officers. 
 L.R.A.1917D, 278. 
 
 Reports to corporations by agents as. 6 
 L.R.A.(N.S.) 325. 
 
 221. To physician. 
 
 Loss or waiver of privilege, see infra, 225. 
 
 Privilege of statement by physician to pa- 
 tient. 27 L.R.A.(N.S.) 326. 
 
 Competency of attending physician to testi- 
 fy as to capacity of testator in will 
 contest. 32 L.R.A. (N.S.) 72. 
 
 Admissibility as res gestce of statements 
 or declarations made by injured person 
 to physician while latter was examin- 
 ing him in order to qualify as a wit- 
 ness. 21 L.R.A.(N.S.) 826. 
 
 Admissibility of statements or letters by 
 phvsician as to physical condition 
 of * insured. 38 L.R.A.(N.S.) 343. 
 
 Right of plaintiff in action for malpractice 
 to avail himself of privilege as against 
 testimony of defendant or other physi- 
 cians. 20 L.R.A. (N.S.) 1003. 
 
 Does privilege as to communications to, or 
 information acquired by, physician ex- 
 tend to physician not employed by pa- 
 tient. 16 L.R.A. (N.S.) 886; L.R.A. 
 1915F, 888. 
 
 Does disqualification of physician as wit- 
 ness extend to mental condition of pa- 
 tient. L.R.A.1918E, 974.
 
 INDEX TO L.R.A. NOTES. 
 
 517 
 
 EVIDENCE, XL b cont'd 
 
 Are hospital records within the privilege 
 
 extended to communications between 
 
 physician and patient. 14 L.R.A. (N. 
 
 S.) 565. 
 Privilege of records of insane asylum. 51 
 
 L.R.A.(N.S.) 22. 
 Privilege as to information acquired by 
 
 autopsy. 38 L.R.A. (N.S.) 1186. 
 
 222. To attorney. 
 
 Admissibility in evidence of communica- 
 tions to attorney. 67 L.R.A. 923. 
 To attorney during preparation of will. 17 
 
 L.R.A. 188. 
 
 Privilege of communication to attorney as 
 affected by the fact that no fee is paid. 
 34 L.R.A. (N.S.) 577. 
 
 Communications between attorney and cli- 
 ent affecting their respective rights or 
 interests, as privileged communica- 
 tions. 7 L.R.A.(N.S.) 426. 
 Privilege of attorney against revealing 
 identity of client. L.R.A.1916C, 
 602. 
 
 Requiring- attorney to produce papers or 
 documents belonging to client as 
 violation of privilege. 48 L.R.A. 
 (N.S.) 334. 
 
 223. Between husband and wife. 
 
 Competency of husband and wife as wit- 
 nesses, see WITNESSES, 17-21. 
 
 Are communications between husband and 
 wife tending to show affection, or the 
 want of it, privileged. 2 L.R.A. (N.S.) 
 708. 
 
 Effect of statute making husband and wife 
 competent witnesses for or against 
 each other upon the privilege as to 
 confidential communications between 
 them. 27 L.R.A. (N.S.) 273; L.R.A. 
 1916F, 389. 
 
 Admissibility of declarations by husband 
 or wife as to prenuptial nonaccess of 
 husband. 14 L.R.A. (N.S.) 544. 
 
 Separation of husband and wife as affecting 
 privilege of communication between 
 them. L.R.A.1916B, 1275. 
 
 Admissibility of communication between 
 husband and wife, otherwise privileged, 
 to explain the reason for testifying in 
 a certain way. 44 L.R.A. (N.S.) 243. 
 
 Waiver of privilege as to communication 
 between husband and wife by calling 
 one spouse as a witness for the other. 
 40 L.R.A.(N.S.) 43. 
 
 224. L/oss of privilege. 
 
 Loss of privilege in respect to written con- 
 fidential communications by loss of 
 their possession and control. 15 L.R.A. 
 268. 
 
 Waiver on first trial of privilege as to con- 
 fidential communications as affecting 
 its exercise on a second trial. 6 L.R.A. 
 (N.S.) 1082; L.R.A.1916A, 524. 
 
 Waiver of privilege as to communication 
 between husband and wife by calling 
 one spouse as a witness for the other. 
 40 L.R.A. (N.S.) 43. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, XL b cont'd 
 
 225. disclosures to physician. 
 
 Waiver of privilege as to communication be- 
 tween physician and patient. 48 
 L.R.A.(N.S.) 395. 
 
 Waiver of statutory provisions as to confi- 
 dential disclosures to physicians. 1 
 L.R.A.(N.S.) 1068. 
 
 Waiver of privilege against attending physi- 
 cian testifying as to testator's capacity 
 in will contest. 32 L.R.A. (N.S.) 73. 
 
 Who, aside from the patient, may waive 
 privilege. 48 L.R.A.(N.S.) 418. 
 
 Waiver of privilege on first trial as affect- 
 ing its exercise on a second trial. 
 L.R.A.1916A, 525. 
 
 226. effect of third person's 
 knowledge of communication. 
 
 Is privileged character of written or oral 
 communication lost when a third 
 person has power of disclosure. 
 33 L.R.A.(N.S.) 477. 
 
 c. Party's own acts and declarations. 
 
 227. Generally. 
 
 Admissibility in criminal case of state 
 ments made by accused before grand 
 jury. 9 L.R.A. (N.S.) 533. 
 
 Admissibility of evidence of defendant's 
 voluntary surrender or refusal to em- 
 brace an opportunity to escape. 20 
 L.R.A.(N.S.) 409. 
 
 Admissibility of declarations as to owner- 
 ship by one in possession of personal 
 property. 49 L.R.A. (N.S.) 700. 
 
 Statements made some time after accident 
 as res gestce. 42 L.R.A. (N.S.) 917. 
 
 Declarations explaining why person injured 
 or killed was at place of accident as 
 res gestae. L.R.A.1915D, 503. 
 
 d. Acts and declarations of third per- 
 sons generally. , 
 
 228. Generally. 
 
 Statements by by-standers made sometime 
 after accident as res gestce. 42 L.R.A. 
 (N.S.) 948. 
 
 Does the fact that one was not a partici- 
 pant or actor in an accident or affray 
 render his statements or exclamations 
 inadmissible as res gestce. 20 L.R.A. 
 (N.S.) 133; 33 L.R.A.(N.S.) 109. 
 
 Admissibility of declarations of relatives of 
 claimant upon the issue of his re-, 
 lationship or heirship to decedent. 
 36 L.R.A.(N.S.) 530; L.R.A.1915D, 
 215. 
 
 Admissibility of declarations on question 
 whether child was born dead or alive. 
 L.R.A.1918D, 1085. 
 
 Admissibility, upon issue of forgery, of dec- 
 larations out of court by person whose 
 name is charged to have been forged. 
 28 L.R.A. (N.S.) 240. 
 
 Admissibility as res gestce of uncontradict- 
 ed statement in presence of accused. 
 25 L.R.A.(N.S.) 550.
 
 518 
 
 INDEX TO L.R.A. NOTES. 
 
 1 :\ I HENCE, XI. d cont'd 
 
 Adinissihility of declarations as to owner- 
 ship l>y one in possession of personal 
 property. 49 L.R.A.(N.S.) 700. 
 
 Admissibility in prosecution for false pre- 
 t. uses of statements or communications 
 iK'tween the prosecutor and a third per- 
 son. L.R.A.1915B, 1125. 
 
 229. Of deceased person generally. 
 
 Scope and effect of statutes making compe- 
 tent entries, memoranda, and declara- 
 tions of a deceased person. 44 L.R.A. 
 (N.S.) 28. 
 
 Admissibility of declarations as to owner- 
 ship by one in possession of personal 
 property, after his death. 49 L.R.A. 
 (N.S.) 700. 
 
 Admissibility of declarations of person since 
 deceased against his or her own mar- 
 riage. 15 L.R.A. (N.S.) 190. 
 
 Declarations of deceased putative father as 
 to paternity of child. 6 B. R. C. 852. 
 
 Admissibility of declarations on question 
 whether child was born dead or alive. 
 L.R.A.1918D 1085. 
 
 Admissions or statements by assured out- 
 side of his application as evidence 
 against beneficiary. 11 L.R.A. (N.S.) 
 92; 49 L.R.A.(N.S.) 853. 
 
 Declarations of insured tending to show 
 good faith regarding statements in his 
 application. L.R.A.1918F, 271. 
 
 Evidence of declarations of intent to com- 
 mit suicide. L.R.A.1916B, 819. 
 
 230. Of testator. 
 
 To prove contents of lost or destroyed will. 
 
 38 L.R.A. 453. 
 To prove execution of lost or destroyed will. 
 
 38 L.R.A. 442. 
 
 To overcome or sustain presumption of rev- 
 ocation of lost or destroyed will. 38 
 
 L.R.A. 436; 50 L.R.A. (N.S.) 867. 
 Ante-testamentary declarations as evidence 
 
 of undue influence. 3 L.R.A. (N.S.) 
 
 749. 
 Admissibility of declarations of testator on 
 
 issue of his intention in destroying his 
 
 will. 24 L.R.A. (N.S.) 180. 
 Admissibility of testator's declarations to 
 
 correct misdescription of land in will. 
 
 6 L.R.A. (N.S.) 965. 
 
 Evidence of declarations of testator to 
 identify legatee or devisee. 47 
 L.R.A.(N.S.) 540. 
 
 231. Of beneficiary or executor to 
 show lack of testamentary capacity, 
 or undue influence. 
 
 Declarant one of several beneficiaries. 38 
 
 L.R.A. (N.S.) 732. 
 Declarant sole beneficiary. 38 L.R.A. (N.S.) 
 
 741. 
 Declarations part of res gestce. 38 L.R.A. 
 
 (N.S.) 742. 
 
 To impeach or discredit declarant as a wit- 
 ness. 38 L.R.A. (N.S.) 743. 
 To show intent or disposition. 38 L.R.A. 
 
 (N.S.) 743. 
 Begin with this book on every law question. 
 
 EVIDENCE, XL d cont'd 
 As against successor in interest of declar- 
 ant. 38 L.R.A. (N.S.) 744. 
 
 232. Of subscribing witness to will. 
 
 Admissibility of declarations of deceased 
 subscribing witness, unfavorable to 
 testator's competency. 27 L.R.A. (N. 
 S.) 294. 
 
 233. Of former owner. 
 
 Admissibility of declarations against title 
 by former owner as against those claim- 
 ing under him, as affected by fact that 
 declarant is living and available as 
 witness. 26 L.R.A. (N.S.) 814. 
 Admissibility of declarations by vendor, 
 made out of 'court, as to his pur- 
 pose in making a conveyance or 
 transfer attacked as fraudulent 
 against creditors. 41 L.R.A. 
 (N.S.) 1. 
 
 Admissibility of declarations as to owner- 
 ship by one in possession of personal 
 property. 49 L.R.A. (N.S.) 700. 
 
 233a. Of principal or surety. 
 
 Admissibility against sureties on bond of 
 statements by principal after expira- 
 tion of term of office or employment. 
 40 L.R.A. (N.S.) 662. 
 
 e. Acts and declarations of agent, co- 
 beneflciary, partner, or co-con- 
 spirator. 
 
 234. Agent. 
 
 Admissibility of reports by agent or em- 
 ployee to employer, to prove fact in 
 issue. 18 L.R.A. (N.S.) 231; 25 L.R.A. 
 . (N.S.) 930; 47 L.R.A. (N.S.) 830. 
 
 Admissibility as res gestce of statements 
 made by agent or servant sometime 
 after accident. 42 L.R.A. (N.S.) 918. 
 
 235. Cobeneficiary. 
 
 Admissibility of declarations of one of sev- 
 eral beneficiaries to show lack of testa- 
 mentary capacity or undue influence 
 in case of conspiracy. 38 LR.A. (N.S.) 
 740. 
 
 236. Proof against one, of declara- 
 tions of another, to show partner- 
 ship. 
 
 Generally. 20 L.R.A. 595. 
 
 Dormant partners. 20 L.R.A. 597. 
 
 Estoppel. 20 L.R.A. 598. 
 
 Letters, circulars, and entries. 20 L.R.A. 
 
 598. 
 
 Shipping registers. 20 L.R.A. 599. 
 Declarations in suits. 20 L.R.A. 599. 
 
 237. Acts and declarations of co- 
 conspirator. 
 
 As res gestce. 19 L.R.A. 745. 
 Admissibility of declarations of one upon 
 whom an abortion is committed, 
 against others charged with com- 
 plicity therein. 35 L.R.A. (N.S.) 
 1084; L.R.A.1916C, 570.
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, XI. e cont'd 
 
 Admissibility of acts and declarations of 
 co-conspirators in prosecution for hom- 
 icide in carrying out unlawful con- 
 spiracy. 68 L.R.A. 220. 
 
 /. Complaints of injuries and suffering. 
 
 238. Generally. 
 
 Admissibility of expressions or statements 
 of present pain made during sickness 
 or subsequent to injury. 24 L.R.A. 
 (N.S.) 253. 
 
 Admissibility as res geStce of statements or 
 declarations made by injured person to 
 physician while latter was examining 
 him, in order to qualify as a witness. 
 21 L.R.A. (N.S.) 826. 
 
 g. Threats. 
 
 239. Generally. 
 
 Evidence of threats of accused, or of person 
 
 injured or killed. 17 L.R.A. 654. 
 
 Evidence of antecedent threats on trial for 
 
 homicide. 3 L.R.A. (N.S.) 523. 
 Admissibility of, as dying declarations. 56 
 
 L.R.A. 421. 
 
 h. Conversation Tty telephone. 
 
 8 240. Generally. . 
 
 Conversations by telephone. 17 L.R.A. 440. 
 
 Necessity and sufficiency of identification 
 as a foundation for the admission of a 
 conversation or communication by tele- 
 phone. 6 L.R.A. (N.S.) 1180; L.R.A. 
 1918D, 720. 
 
 i. Conversation through interpreter. 
 
 241. Generally. 
 
 Admissibility of evidence given through an 
 interpreter. 17 L.R.A. 813. 
 
 j. Dying declarations. 
 
 242. Generally. 
 
 Weight of, see infra, 318a. 
 
 Competency of one spouse to testify as to 
 dying declarations of other, see WIT- 
 NESSES, 21. 
 
 In general. 56 L.R.A. 353. 
 
 Whose declarations admissible. 56 L.R.A. 
 
 358. 
 In what class of cases admissible. 56 L.R.A. 
 
 360. 
 In favor of defendant. 56 L.R.A. 367; 52 
 
 L.R.A. (N.S.) 910. 
 Subject of declarations. 56 L.R.A. 369. 
 
 Opinions and conclusions. 56 L.R.A. 
 
 375; 21 L.R.A.(N.S.) 840. 
 Mental and physical conditions. 56 L.R.A. 
 
 381. 
 Sense of impending death. 56 L.R.A. 
 
 382; 6 B. R. C. 238. 
 How evidenced. 56 L.R.A. 406; 
 
 30 L.R.A. (N.S.) 391. 
 Reaffirmation under sense of im- 
 pending death of statement 
 previously made. 56 L.R.A. 
 382; 27 L.R.A.(N.S-) 702. 
 Consult also L.R.A. Digests of Cases. 
 
 I EVIDENCE, XI. j cont'd 
 
 I Time elapsing between declaration and 
 
 death. 56 L.R.A. 421; 1 L.R.A. (N.S.) 
 
 419. 
 Form and completeness of declaration; oral 
 
 or written. 56 L.R.A. 423. 
 By signs and nods. 56 L.R.A. 427; 2 
 
 B. R. C. 923. 
 Made in answer to questions. 56 L.R.A. 
 
 429; 2 B. R. C. 920. 
 Competency of declarant as witness. 56 
 
 L.R.A. 432. 
 When there is other evidence of same facts. 
 
 56 L.R.A. 433. 
 Questions for court or jury. 56 L.R.A. 434; 
 
 16 L.R.A. (N.S.) 660. 
 
 Right to impeach or contradict, and to sus- 
 tain declarant, and witness. 56 L.R.A. 
 
 441; 37 L.R.A. (N.S.) 252. 
 Weight to which entitled. 56 L.R.A. 445. 
 Questions of practice. 56 L.R.A. 450. 
 Presence or absence of accused. 56 L.R.A. 
 
 453. 
 
 Accused not prejudiced. 56 L.R.A. 453. 
 Women in travail. 56 L.R.A. 454. 
 In prosecution for homicide by commission 
 
 of, or attempt to commit, abortion. 63 
 
 L.R.A. 916. 
 Admissibility in behalf of accused of dying 
 
 declarations of stranger. 37 L.R.A. 
 
 (N.S.) 350. 
 Admissibility as dying declarations of un- 
 
 contradicted statement in presence of 
 
 accused. 25 L.R.A. (N.S.) 550. 
 Admissibility of dying declaration of per- 
 son for whose death the accused is not 
 
 on trial. 40 L.R.A. (N.S.) 1195. 
 Admissibility of dying declarations in civil 
 
 cases. 50 L.R.A. (N.S.) 1167. 
 
 Tc. Former testimony. 
 
 243. Generally. 
 
 See also supra, 134. 
 
 Admissibility, after death of adversary, of 
 testimony or deposition of party given 
 or taken before the former's death and 
 relating to a personal transaction with 
 him. 14 L.R.A. (N.S.) 488; L.R.A. 
 1915F, 771. 
 
 244. Testimony of accused at cor- 
 oner's inquest. 
 
 Generally. 70 L.R.A. 33; 33 L.R.A. (N.S.) 
 
 465. 
 
 Competency. 70 L.R.A. 33. 
 Practice in relation to. 70 L.R.A. 46. 
 
 24^5. Testimony on preliminary ex- 
 amination of witnesses not availa- 
 ble at time of trial. 
 
 Right of accused to be confronted with wit- 
 nesses against him. 25 L.R.A. (N.S.) 
 868. 
 
 Necessity of representation by counsel at 
 preliminary examination. 25 L.R.A. 
 (N.S.) 871. 
 
 Waiver of objections. 25 L.R.A. (N.S.) 871. 
 
 Identity of accusations. 25 L.R.A. (N.S.) 
 872.
 
 520 
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, XI. k cont'd 
 
 Circumstances justifying admission. 25 
 
 L.R.A.(N.S.) 873. 
 Insanity or illness of witness. 25 L.R.A. 
 
 (N.S.) 873. 
 Witness out of jurisdiction. 25 L.R.A. (N. 
 
 S.) 874. 
 Witness absent by procurement. 25 L.R.A. 
 
 (N.S.) 874. 
 
 Sufficiency of showing as to the circum- 
 stances justifying admission. 25 
 L.R.A.(N.S.) 875. 
 Method of proving former testimony. 25 
 
 L.R.A. (N.S.) 880. 
 Weight and effect of former testimony. 25 
 
 L.R.A.(N.S.) 884. 
 
 Impeachment of testimony of absent wit- 
 ness. 25 L.R.A.(N.S.) 884. 
 
 XII. Relevancy and materiality, 
 a. In general. 
 
 246. Generally. 
 
 Relevancy of documentary evidence, see 
 
 supra, V. 
 Admissibility of parol evidence as to 
 
 writing, see supra, VII. 
 Admissibiiity to corroborate or impeach 
 
 witness,' see WITNESSES, IV. 
 
 Competency of evidence before grand jury. 
 28 L.R.A. 318. 
 
 Conclusiveness of decisions of the Land De- 
 partment as to competency of evidence. 
 L.R.A.1918D, 633. 
 
 b. Custom; habit; cause. 
 
 247. Custom; habit. 
 
 On question of negligence or contributory 
 negligence. 41 L.R.A.(N.S.) 683; 
 L.R.A.1916B, 827. 
 
 Admissibility of evidence that article pro- 
 hibited by fire insurance policy is usu- 
 ally and customarily found on similar 
 premises. 3 B. R. C. 48. 
 
 Evidence of habit of witness on question of 
 regularity of will where attesting wit- 
 nesses have forgotten circumstances at- 
 tending its execution. 51 L.R.A. (N.S.) 
 954. 
 
 Evidence of customary compensation on 
 question as to amount agreed upon. 
 L.R.A.1915C, 1209. 
 
 Admissibility of evidence as to habits of 
 deceased to show pecuniary loss in ac- 
 tion for his death. L.R.A.1918C, 1111, 
 1128; L.R.A.1918E, 283. 
 
 g 248. Cause. 
 
 Presumption and burden of proof as to, see 
 supra, 60. 
 
 Admissibility of coroner's finding to show 
 68 L.R.A. 285; 45 L.R.A. (N.S.) 404; 
 L.R.A.1918E, 924. 
 
 c. Character and reputation. 
 
 249. Generally. 
 
 Competency of witnesses as to, see WIT- 
 
 XKS5SE8, 25. 
 
 Begin irith this boolc on every law question 
 
 EVIDENCE, XII. c cont'd 
 
 Admissibility of evidence of bad character 
 or reputation wliere justification is 
 filed. 38 L.R.A. (N.S.) 1185. 
 
 Character of inmates or visitors in prose- 
 cution for keeping disorderly house. 
 20 L.R.A. 612. 
 
 Proving house disorderly by evidence of its 
 general reputation. 20 L.R.A. 611. 
 
 Right of accused to show unchastity of 
 prosoctitrix in statutory rape. 48 
 L.R.A. (N.S.) 209. 
 
 Relevancy of evidence as to character or 
 reputation on issue of fraud or 
 dishonesty in civil case. 49 L.R.A. 
 (N.S.) 724. 
 
 Character of accomplice or associate. 20 
 L.R.A. 614. 
 
 Fact that witness's testimony is contra- 
 dicted by opposing testimony as war- 
 ranting introduction of evidence of his 
 reputation for truth and veracity. 12 
 L.R.A.(N.S.) 364. 
 
 Proof of other crimes to rebut defense of 
 good character. 62 L.R.A. 300. 
 
 Right of witness to testify to character 
 from personal knowledge. 22 L.R.A. 
 (N.S.) 650. 
 
 Evidence of bad character to impeach wit- 
 ness. 41 L.R.A. (N.S.) 901. 
 
 250. Evidence of specific instances 
 to prove character. 
 
 The legal sense of "character." 14 L.R.A. 
 
 (N.S.) 690. 
 The general rules of proof. 14 L.R.A. 
 
 (N.S.) 692. 
 The impeachment of witnesses. 14 L.R.A. 
 
 (N.S.) 697. 
 
 The victims of crime. 14 L.R.A. (N.S.) 708. 
 Character for chastity. 14 L.R.A. 
 
 (N.S.) 714; L.R.A.1916B, 965. 
 The person accused of crime. 14 L. H.A. 
 
 (N.S.) 735. 
 
 Credibility of character of witnesses in 
 criminal cases. 14 L.R.A. (N.S.) 
 739. 
 Character in civil actions. 14 L.R.A. 
 
 (N.S.) 745. 
 
 Character of servant in action against mas- 
 ter. 14 L.R.A. (N.S.) 756. 
 
 251. Of person killed or injured. 
 
 Evidence of specific instances to prove char- 
 acter of victims of crime. 14 
 L.R.A. (N.S.) 708. 
 
 Evidence of habits and character of person 
 injured or killed, as affecting damages. 
 1 L.R.A.(N.S.) 198; L.R.A.1918C, 
 1128. 
 
 Evidence of character and reputation of de- 
 ceased on trial for homicide. 2 L.R.A. 
 (N.S.) 102; 3 L.R.A.(N.S.) 352. 
 Admissibility of evidence of turbulent and 
 dangerous character of victim of 
 assault or homicide on issue of 
 self-defense. L.R.A. 1916A, 1245. 
 
 252. Of accused. 
 
 Right of defendant in criminal case to prove 
 character. 20 L.R.A. 613.
 
 INDEX TO L.R.A. NOTES. 
 
 521 
 
 EVIDENCE, XII. c cont'd 
 
 Evidence of defendant's qharacter restricted 
 as to time. 20 L.R.A. 012. 
 
 Necessity that evidence of defendant's char- 
 acter be applicable to trait involved. 
 20 L.R.A. 612. 
 
 Attacking defendant's character. 20 L.R.A. 
 609. 
 
 Effect of evidence of defendant's good char- 
 acter to rebut presumption from pos- 
 session of stolen goods. 20 L.R.A. 614. 
 
 How and by whom defendant's character 
 proved. 20 L.R.A. 614. 
 
 Evidence of specific instances to prove. 14 
 L.R.A. (N.S.) 735. 
 
 Impeaching defendant's character for credi- 
 bility. 20 L.R.A. 616. 
 
 Rebutting evidence of defendant's good 
 character. 20 L.R.A. 616. 
 
 Weight and effect of evidence as to char- 
 acter. 20 L.R.A. 618. 
 
 Effect of evidence of good character to 
 create a doubt of guilt. 20 L.R.A. 617. 
 
 Instructions limiting consideration of good 
 character to doubtful cases. 20 L.R.A. 
 618. 
 
 Considering evidence of good character in 
 determining degree of guilt or crime. 
 20 L.R.A. 619. 
 
 Competency to testify to reputation of ac- 
 cused for peace or violence. 2 L.R.A. 
 (N.S.) 553. 
 
 253. To show negligence. 
 
 Evidence as to negligence generally, see 
 infra, XII. g. 
 
 Evidence of reputation to show incompe- 
 tency of servant or master's knowledge 
 thereof. 41 L.R.A. 97; 48 L.R.A. 389; 
 33 L.R.A.(N.S.) 751. 
 
 Evidence of specific instances to prove char- 
 acter of servant in action against 
 master. 14 L.R.A. (N.S.) 756. 
 
 Admissibility of evidence as to habits, cus- 
 tom, or reputation of one injured or 
 killed, on the question of his own neg- 
 ligence or freedom from negligence. 41 
 L.R.A.(N.S.) 683; L.R.A.1916B, 827. . 
 
 d. Mental capacity. 
 
 254. Generally. 
 
 Presumption and burden of proof as to, see 
 
 supra, 38-40. 
 Opinion evidence as to, see supra, 189- 
 
 193, infra, 291, 292. 
 Sufficiency of evidence as to, see infra, 
 
 291, 292, 297, 298, 316. 
 
 Inquisition of drunkenness as evidence on 
 issue of testamentary capacity. 39 
 L.R.A. 227. 
 
 Admissibility of coroner's finding to show 
 testator's mental condition. 68 L.R.A. 
 295; 45 L.R.A. (N.S.) 408. 
 
 Right of prosecution to show feigned in- 
 sanity. 31 L.R.A. (N.S.) 113. 
 
 Evidence to establish incompetency of wit- 
 ness. 46 L.R.A. (N.S.) 1031. 
 
 Consult also T,.R.A. Digests of Cases. 
 
 EVIDENCE, XII. cont'd 
 
 e. Intent; motive; fraud; undue influ- 
 ence; malice. 
 
 255. Intent. 
 
 Presumption and burden of proof as to, see 
 
 supra, 41. 
 
 Parol evidence as to, see supra, 166, 167. 
 Opinion evidence as to, see supra, 197. 
 Sufficiency of evidence as to, see infra, 
 
 299. 
 
 Evidence of other crimes to show intent. 
 62 L.R.A. 214; 43 L.R.A. (N.S.) 668, 
 755, 774, 778. 
 
 To have formal instrument in case of offer 
 and acceptance as evidence. 29 L.R.A. 
 437. 
 
 Right on trial for homicide to show im- 
 morality of deceased as bearing upon 
 defendant's intent or motive. 30 
 L.R.A. (N.S.) 397. 
 
 Intent of one purchasing goods with knowl- 
 edge that he cannot pay for them. 44 
 L.R.A.(N.S.) 21. 
 
 To show that a written instrument import- 
 ing absolute conveyance was intended 
 as a mortgage. L.R.A.1916B, 271. 
 
 256. right of one to testify as to 
 his intent. 
 
 In general. 23 L.R.A. (N.S.) 367; 34 
 
 L.R.A. (N.S.) 323. 
 The common-law rule. 23 L.R.A. (N.S.) 
 
 368. 
 
 Statement of. 23 L.R.A. (N.S.) 368. 
 Retention of common-law rule in some 
 
 jurisdictions. 23 L.R.A. (N.S.) 
 
 368. 
 Rule under statutes permitting parties to 
 
 testify. 23 L.R.A. (N.S.) 372. 
 
 257. of testator. 
 
 Presumption and burden of proof as to, see 
 
 supra, 42. 
 Parol evidence as to, see supra, 167. 
 
 Competency of scrivener or draftsman to 
 testify as to his own or the testator's 
 intention. 38 L.R.A. (N.S.) 91. 
 
 Admissibility of declarations of beneficiary 
 or executor as to lack of testamentary 
 capacity or undue influence to show 
 intent. 38 L.R.A. (N.S.) 743. 
 
 Admissibility of testator's declarations on 
 issue of his intention in destroying 
 will. 23 L.R.A. (N.S.) 180. 
 
 258. Motive. 
 
 Presumption and burden of proof as to, see 
 supra, 45. 
 
 Evidence of other crimes to show motive. 
 62 L.R.A. 199. 
 
 Proof of motive for homicide in resisting 
 arrest. 66 L.R.A. 384. 
 
 Right on trial for homicide to show im- 
 morality of deceased as bearing on de- 
 fendant's motive. 36 L.R.A. (N.S.) 
 397.
 
 ma 
 
 EVIDENCE, XII. e cont'd 
 
 t of accused to show unchastity of 
 musecutrix in statutory rape as show- 
 in- motive. 48L.R.A.(N.S.) 275. 
 
 259. Fraud or good faith. 
 
 Presumption and burden of proof as to, see 
 supra, 47-50. 
 
 Parol evidence as to fraud, see supra, 177. 
 
 Sufficiency of evidence as to, see infra, 
 301. 
 
 Right of one to testify as to his intent as 
 to. 23 L.R.A.(N.S.) 393. 
 
 Right to show fraud in procurement of 
 foreign judgment in rem. 20 L.R.A. 
 673. 
 
 Right of alleged fraudulent grantee to show 
 that judgment against grantor was 
 based on fraud. 67 L.R.A. 600. 
 
 Right to prove fraud in title, in proceedings 
 of summary nature to recover posses- 
 sion of property demised. 11 L.R.A. 
 (N.S.) 260. 
 
 Circumstance that one benefited by will 
 was the draftsman thereof or active in 
 procuring its execution, as bearing on 
 question of fraud and deceit. 28 L.R.A. 
 (N.S.) 272. 
 
 Evidence of good faith of one accused of 
 larceny who claims to have taken the 
 property under an honest belief of 
 right. 41 L.R.A. (N.S.) 555. 
 
 Of one purchasing goods with knowledge 
 that he cannot pay for them. 44 L.R.A. 
 (N.S.) 21. 
 
 Relevancy of evidence aa to character or 
 reputation on issue of fraud or dis- 
 honesty in civil case. 49 L.R.A. (N.S.) 
 724. 
 
 g 260. Undue influence. 
 
 Presumption and burden of proof as to, see 
 
 supra, 52, 53. 
 Sufficiency of evidence as to, see infra, 
 
 300. 
 
 Ante-testamentary declarations as evidence 
 
 INDEX TO L.R.A. NOTES. 
 
 of undue 
 749. 
 
 influence. 3 L.R.A. (N.S.) 
 
 g 201. Malice. 
 
 Presumption and burden of proof as to, see 
 supra, 43. 
 
 Proof of malice in homicide while resisting 
 arrest. 66 L.R.A. 384. 
 
 Evidence of other crimes to show malice. 
 62 L.R.A. 277. 
 
 Repetition of privileged statement as evi- 
 dence of malice. 42 L.R.A. (N.S.) 1109. 
 
 /. Value; damages. 
 
 g 262. Value. 
 
 Presumption and burden of proof as to, see 
 
 supra, 107. 
 
 Opinion evidence as to, see supra, 194. 
 Kef/in it-it h thin book on every Ian- question. 
 
 EVIDENCE, XII. f cont'd 
 Value of household goods or wearing ap- 
 parel in action for loss or conversion 
 of or injury to them. L.R.A.1917D, 
 505. 
 
 Evidence as to price paid for other prop- 
 erty by party seeking to condemn 
 property for public use. 43 L.R.A. 
 (N.S.) 985. 
 Right of owner of .baggage to testify as to 
 
 its value in action 
 L.R.A. (N.S.) 588. 
 
 for its loss. 37 
 
 Proof of value of goods taken or sought to 
 be taken in prosecution for burglary. 
 34 L.R.A. (N.S.) 246. 
 Newspaper quotations as evidence of value. 
 
 16 L.R.A.(N.S.) 758. 
 
 Evidence of structural value of improve- 
 ments to fix damages in condemnation. 
 41 L.R.A. (N.S.) 411. 
 
 Determination of the value of the use or 
 rental of property. 44 L.R.A. 
 (N.S.) 499. 
 
 Evidence of value of services or of custom- 
 ary compensation on question as to 
 amount agreed upon. L.R.A.1915C, 
 1208. 
 
 263. Damages. 
 
 Opinion evidence as to, see supra, 194. 
 As to measure of damages, see DAMAGES, 
 III. 
 
 Admissibility of drawer's want of credit in 
 action by him against bank for wrong- 
 fully dishonoring a check. 11 L.R.A. 
 (N.'S.) 224. 
 
 Judgment against one as prima facie evi- 
 dence of amount of damages against 
 another, liable over, who had no notice 
 of the original suit. 16 L.R.A. (N.S.) 
 91]. 
 
 Obstruction of surface water as element of 
 damages in eminent-domain proceed ii; <a 
 for a railroad right of way. 13 L.iv.A. 
 (N.S.) 237. 
 
 Admissibility of evidence of family rela- 
 tions of plaintiff on question of dam- 
 ages in action for libel or slander. 23 
 L.R.A. (N.S.) 362. 
 
 Right to prove seduction in aggravation of 
 damages in breach of promise case. 4 
 L.R.A. (N.S.) 616; 36 L.R.A. (N.S.) 
 388. 
 
 What evidence admissible to show mental 
 anguish. 19 L.R.A. (N.S.) 409. 
 
 Competency - of evidence in action for dam- 
 ages for mental anguish in tele- 
 graph case. 49 L.R.A.. (N.S.) 285. 
 
 As to damages for loss or conversion of or 
 injury to household goods or wearing 
 apparel. L.R.A.1917D, 501. 
 
 264. for personal injury. 
 
 As to measure of damages, see DAMAGES, 
 III. k. 
 
 Character of evidence to show pecuniary 
 loss in action for death. L.R.A.]918C, 
 1111, 1122; L.R.A.1918E, 279. 
 
 Evidence of the earnings of the deceased 
 to show pecuniary loss by his death. 
 L.R.A.1918C, 1080.
 
 INDEX TO L.R.A. NOTES. 
 
 523 
 
 EVIDENCE, XII. f cont'd 
 
 Of earnings in higher position on question 
 of damages for injury to person who 
 was in line of promotion. 1 L.R.A. 
 (N.S.) 1150. 
 
 Admissibility, in action for wrongful death, 
 of evidence of profits or contributions 
 from business conducted by decedent. 
 L.R.A.1918C, 1087. 
 
 Evidence of amount paid for services of 
 substitute during incapacity. 30 L.R.A. 
 (N.S.) 737. 
 
 Evidence as to physical condition of mem- 
 bers of deceased's family in action for 
 his death. 49 L.R.A. (N.S.) 737. 
 
 265. mitigation of. 
 
 Of provocation to mitigate damages for as- 
 sault. 1 L.R.A. (N.S.) 137; 11 L.R.A. 
 (N.S.) 670. 
 
 In mitigation of damages for wife's libel or 
 slander. 30 L.R.A. 529. 
 
 Admissibility of bad character or reputa- 
 tion of plaintiff in libel or slander to 
 mitigate damages where justification is 
 filed. 38 L.R.A. (N.S.) 1185. 
 
 g. Negligence. 
 
 266. Generally. 
 
 Presumption and burden of proof as to, see 
 
 supra, III. g. 
 
 Opinion evidence as to, see supra, VIII. g. 
 Sufficiency of evidence as to, see infra, XIII. 
 
 b. 
 Evidence of reputation as to negligence, see 
 
 supra, 253. 
 
 As to negligence in escape and explosion of 
 gas. 29 L.R.A. 342. 
 
 Of negligence of street railway as to exces- 
 sive speed. 5 L.R.A. (N.S.) 251. 
 
 Negligence of railroad company as to cattle 
 guards. L.R.A.1915B, 135. 
 
 267. On highway. 
 
 Presumption and burden of proof as to, see 
 supra, 76. 
 
 Evidence in action against township for in- 
 jury by defects in highway. 13 L.R.A. 
 (N.S.) 1244. 
 
 Subsequent repair or removal of defect or 
 obstruction in street as evidence of 
 negligence. 20 L.R.A. (N.S.) 667. 
 
 Admissibility, in prosecution for driving 
 at dangerous speed, of evidence of 
 traffic reasonably to be expected upon 
 highway. 2 B. R. C. 201. 
 
 Violation of statute or ordinance prohibit- 
 ing obstruction of crossing by trains 
 as evidence of negligence. 4J L.R.A. 
 (N.S.) 821. 
 
 In action for damages resulting from fright 
 of horse by automobile on highway. 48 
 L.R.A.(N.S.) 969. 
 
 268. Of master. 
 
 Presumption and burden of proof as to, see 
 
 supra, 77. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, XII. g cont'd 
 
 Of specific acts of incompetency to charge 
 master with negligence in hiring em- 
 ployee. 25 L.R.A. 716. 
 
 269. Contributory negligence. 
 
 Presumption and burden of proof as to, see 
 supra, 80. 
 
 Evidence as to reputation to show, see su- 
 pra, 253. 
 
 Intoxication as evidence of negligence. 40 
 L.R.A. 143; 47 L.R.A.(N.S.) 740. 
 
 Evidence of fast driving and intoxication 
 on question of contributory negligence 
 of driver of horse encountering auto- 
 mobile on highway. 50 L.R.A. (N.S.) 
 568. 
 
 h. Precautions after accident. 
 
 270. Generally. 
 
 Subsequent repair or removal of, defect or 
 obstruction in street as evidence of neg- 
 ligence. 20 L.R.A. (N.S.) 667. 
 
 Evidence of repairs made or precautions 
 'taken after* accident. 32 L.R.A. (N.S.) 
 1127. 
 
 i. Circumstantial evidence. 
 
 271. Generally. 
 
 Sufficiency of, see infra, 293, 319, 
 
 Circumstantial evidence as to character of 
 
 accused. 20 L.R.A. 614. 
 Distinction between rule res ipsa loquitur 
 
 and rule as to circumstantial evidence. 
 
 6 L.R.A. (N.S.) 337; L.R.A.1917E, 6. 
 
 j. Similar acts and facts. 
 
 272. Generally. 
 
 Proof of agency by evidence of similar acts 
 by alleged agents. 17 L.R.A. (N.S.) 
 2]9. 
 
 Evidence of other assaults made at about 
 the time of one for which action for 
 damages is brought. 44 L.R.A. (N.S.) 
 1173. 
 
 Admissibility upon question as to breach of 
 warranty, of evidence as to success 
 or failure of similar goods or ap- 
 paratus. L.R.A.1915B, 626. 
 
 273. Other accidents. 
 
 Evidence of prior accidents. 32 L.R.A. 
 (N.S.) 1101. 
 
 Evidence of subsequent accidents. 32 
 L.R.A. (N.S.) 1160. 
 
 As evidence of negligence on part of munici- 
 pality in respect to highway. 20 L.R.A. 
 (N.S.) 668. 
 
 Admissibility of other accidents to show im- 
 plied notice to municipality of danger- 
 ous condition of street. 20 L.R.A. 
 (N.S.) 721.
 
 524 
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, XII. j cont'd 
 274. Condition or conduct at other 
 times. 
 
 Admissibility of evidence of condition, be- 
 fore and after accident, of prop 
 erty whose defects are alleged to 
 have caused injury. 32 L.R.A. 
 (N.S.) 1084. 
 Evidence as to prior conditions. 32 
 
 L.R.A. (N.S.) 1085. 
 Streets, highways, and bridges. 13 
 L.R.A.(N.S.) 1244; 32 L.R.A. 
 (N.S.) 1090. 
 Evidence of prior accidents. 32 L.R.A. 
 
 (N.S.) 1101. 
 
 Condition subsequent to the accident. 
 13 L.R.A. (N.S.) 1244; 32 
 L.R.A.(N.S.) 1117. 
 
 Evidence of repairs made or precau- 
 tions taken after an accident. 
 32 L.R.A.(N.S.) 1127. 
 
 General condition as evidence of negligence 
 on part of municipality in respect of 
 highway. 20 L.R.A. (N.S.) 665. 
 Admissibility of evidence of subsequent vi- 
 cious conduct of animal inflicting in- 
 jury. 17 L.R.A. (N.S.) 1233. 
 
 275. Evidence of other crimes. 
 
 General rule. 62 L.R.A. 194. 
 
 To show motive. 62 L.R.A. 199. 
 
 To show intent. 62 L.R.A. 214. 
 
 To show malice. 62 L.R.A. 277. 
 
 To prove defendant's connection with act 
 
 charged. 62 L.R.A. 278. 
 To rebut special defenses. 62 L.R.A. 299. 
 When other crime is part of the res gestce. 
 
 62 L.R.A. 308. 
 Relevancy. 62 L.R.A. 320. 
 Sexual offenses. 62 L.R.A. 329. 
 In prosecution for sodomy. 46 L.R.A.(N.S.) 
 
 266. 
 In prosecution for rape or assault to rape. 
 
 48 L.R.A.(N.S.) 236. 
 In prosecution for incest. 26 L.R.A. (N.S.) 
 
 466; L.R.A.1915A, 138. 
 In prosecution for obtaining money or 
 
 property by fraudulent means. 43 
 
 L.R.A.(N.S.) 667. 
 In prosecution for forgery or uttering 
 
 forged instrument. 43 L.R.A. 
 
 (N.S.) 751. 
 In prosecution for embezzlement. 43 L.R.A 
 
 (N.S.) 774. 
 In prosecution for larceny. 43 L.R.A. (N.S.) 
 
 776. 
 In prosecution for robbery. L.R.A.1917D 
 
 388. 
 In prosecution for arson. LR.A.1013A, 809. 
 
 In prosecution for bribery. 
 103. 
 
 L.R.A.1U15B, 
 
 Committed in resisting arrest, or attempting 
 
 to escape after commission of crime 
 
 charged. 62 L.R.A. 338. 
 Election of offense relied on. 62 L.R.A. 344. 
 Right to question defendant concerning, on 
 
 cross-examination. 62 L.R.A. 345. 
 When not prejudicial. 62 L.R.A. 347. 
 Statement or insinuation by prosecution of 
 
 other crime. 62 L.R.A. 348. 
 
 Begin with this book on every law question. 
 
 EVIDENCE, XII. j cont'd 
 
 Necessity and correctness of instruction to 
 
 jury. 62 L.R.A. 350. 
 Miscellaneous. 62 L.R.A. 356. 
 
 /. . Rebuttal. 
 
 276. Generally. 
 
 By testimony of accused at coroner's in- 
 quest. 70 L.R.A. 43. 
 
 Of nonexpert opinion as to sanity or insan- 
 ity. 38 L.R.A. 743. 
 
 Of presumption as to exercise of due care 
 by person injured. 33 L.R.A.(N.S.) 
 1119. 
 
 Of presumption of accceptance of assign- 
 ment or deed of trust for creditors. 24 
 L.R.A. 374. 
 
 Rebuttal of wife's presumptive agency in 
 procuring necessaries. 47 L.R.A. (N.S.) 
 282. 
 
 Of presumption as to receipt of communica- 
 tion sent through mail. 49 L.R.A. 
 (N.S.) 467. 
 
 Admissibility of evidence to rebut presump- 
 tion of death from absence. L.R.A. 
 1915B, 742. 
 
 277. Criminal cases. 
 
 Rebutting evidence of defendant's good char- 
 acter. 20 L.R.A. 616. 
 
 Proof of good character of deceased in re- 
 buttal in prosecution for homicide. 3 
 L.R.A.(N.S.) 374. 
 
 Evidence of other crimes to rebut special 
 defense. 62 L.R.A. 299. 
 
 Proof of other crimes to rebut defense of 
 good character. 62 L.R.A. 300. 
 
 I. Contracts; personal relations. 
 
 278. Contracts. 
 
 Presumption and burden of proof as to, see 
 
 supra, III. i. 
 Sufficiency of evidence as to, see infra, XIII. 
 
 f. 
 
 In action on contract in violation of law. 
 12 L.R.A.(N.S.) 623. 
 
 In action by wrongfully discharged servant 
 for damages from breach of contract. 
 6 L.R.A. (N.S.) 68. 
 
 In action by vendee because of vendor's fail- 
 ure to furnish abstract of title. 43 
 L.R.A. (N.S.) 51. 
 
 Evidence as to results of use of substance 
 upon issue as to breach of warranty as 
 to ingredients. L.R.A.1915D, 875. 
 
 Admissibility upon question of breach of 
 warranty, of evidence as to success or 
 failure of similar goods or apparatus. 
 L.R.A.1915B, 626. 
 
 279. insurance matters. 
 
 Mode of proving mailing of notice of ma- 
 turity of premiums or assessments. 7 
 L.R.A. (N.S.) 238.
 
 INDEX TO L.R.A. NOTES. 
 
 525 
 
 EVIDENCE, XII. I-~cont'd 
 280. Personal relations. 
 
 Evidence of divorce in action for alienation 
 of affections or criminal conversation. 
 46 L.R.A.(N.S.) 1085. 
 
 m. Ownership; authority. 
 
 281. Ownership. 
 
 Presumption and burden of proof as to, see 
 supra, 104. 
 
 Brand as evidence of ownership of cattle. 
 11 L.R.A.(N.S.) 87. 
 
 Admissibility of declarations as to owner- 
 ship by one in possession of personal 
 property. 49 L.R.A.(N.S-) 700. 
 
 282. Authority. 
 
 To prove defendant's authority or permis- 
 sion for sale of intoxicating liquors by 
 his servant. 41 L.R.A. 672. 
 
 n. Miscellaneous civil matters. 
 
 283. Generally. 
 
 Evidence in support of contempt proceedings 
 to compel payment of alimony. 24 
 L.R.A. 436. 
 
 Evidence to establish insanity of witness. 
 37 L.R.A. 426; 46 L.R.A. ('N.S. ) 1031. 
 
 Relevancy of evidence as to similarity or 
 dissimilarity of handwriting. 62 
 L.R.A. 873. 
 
 Acquittal or discharge on criminal charge 
 as evidence of want of probable cause. 
 64 L.R.A. 474. 
 
 Evidence in action for divorce on ground of 
 drunkenness. 34 L.R.A. 452. 
 
 Matters of evidence peculiar to the Torrens 
 Law. L.R.A.1916D, 39. 
 
 Admissibility of evidence of assessment or 
 nonassessment of property as affect- 
 ing its dedication or acceptance for 
 public use. L.R.A.1916B, 1175. 
 
 Evidence in action for defamation of un- 
 named person. 48 L.R.A. (N.S.) 363. 
 
 Evidence in action to enforce subscription 
 to charity. 48 L.R.A. (N.S.) 814. 
 
 On question of liability of vendor of trees, 
 shrubs, plants, or vines. 49 L.R.A. 
 (N.S.) 1154. 
 
 o. Criminal matters. 
 
 284. Generally. 
 
 Presumption and burden of proof in, see 
 supra, III. 1. 
 
 Evidence of threats, see supra, 239. 
 
 Evidence of character of person killed or 
 injured, see supra, 251. 
 
 Evidence of character or reputation of ac- 
 cused, see supra, 252. 
 
 Evidence of other crimes, see supra, 275. 
 
 Rebuttal in criminal cases, see supra, 277. 
 
 Sufficiency of evidence in, see infra, XIII. 
 i. 
 
 Of the trailing of persons by bloodhounds. 
 
 42 L.R.A. 432; 35 L.R.A. (N.S.) 870; 
 
 L.R.A.1917E, 730. 
 In prosecution of habitual criminal or prior 
 
 offender. 24 L.R.A. (N.S.) 437. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, XII. o cont'd 
 
 Right of prosecution to show feigned in- 
 sanity. 31 L.R.A.(N.S.) 113. 
 
 Repeal of statute excluding evidence dis- 
 covered or obtained by judicial proceed- 
 ings. 37 L.R.A. (N.S.) 96. 
 
 Admissibility in criminal case of testimony 
 as to facts learned while spying or 
 eavesdropping. 17 L.R.A. (N.S.) 451. 
 
 Is evidence of the truth or falsity of an al- 
 leged statement admissible in a crim- 
 inal case to corroborate or disprove the 
 fact that the statement was made. 10 
 L.R.A. (N.S.) 335. 
 
 Admissibility in a criminal prosecution of 
 a judgment rendered in a civil action. 
 26 L.R.A.(N.S.) 461. 
 
 Proof of former conviction where greater 
 penalty is imposed for crime committed 
 by habitual criminals or prior offend- 
 ers. 48 L.R.A. (N.S.) 206. 
 
 Sufficiency of record offered to prove con- 
 viction or acquittal. L.R.A. 1916B, 
 954. 
 
 285. Evidence of corpus delicti. 
 
 Presumption and burden of proof as to, see 
 
 supra, 115. 
 Sufficiency of evidence as to, see infra, 318. 
 
 Proof of corpus delicti. 68 L.R.A. 33. 
 In arson. 16 L.R.A. (N.S.) 285; L.R.A. 
 
 1916D, 1299. 
 
 In false pretenses. 19 L.R.A. (N.S.) 443. } 
 Larceny. 68 L.R.A. 65; 28 L.R.A. (N.S.) 
 
 536; L.R.A.1916B, 846. 
 In homicide. 68 L.R.A. 57, 73, 75, 76, 77, 
 
 78. 
 In rape. L.R.A.1916B, 747. 
 
 285a. Evidence of alibi. 
 
 Evidence of, in prosecution for homicide in 
 carrying out unlawful conspiracy. 68 
 L.R.A. 222. 
 
 Proof of, on trial of one found in posses- 
 sion of recently stolen property. 12 
 L.R.A.(N.S.) 199. 
 
 286. In prosecution for homicide. 
 
 As to character or reputation of deceased, 
 
 see supra, 251. 
 As to character or reputation of accused, 
 
 see supra, 252. 
 Presumption and burden of proof as to, see 
 
 supra, 116. 
 Sufficiency of evidence as to, see infra, 
 
 326. 
 
 In prosecution for negligent homicide. 61 
 
 L.R.A. 298. 
 In action for homicide by misadventure. 3 
 
 L.R.A.(N.S.) 1161. 
 In prosecution for homicide in commission 
 
 of unlawful act. 63 L.R.A. 397. 
 In prosecution for homicide in commission 
 of, or attempt to commit, an abortion. 
 63 L.R.A. 914. 
 
 In prosecution for homicide in resisting ar- 
 rest, or of officer of justice. 66 
 L.R.A. 381. 
 
 In prosecution for homicide in carrying out 
 unlawful conspiracy. 68 L.R.A. 
 215.
 
 526 
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, XII. o cont'd 
 
 In prosecution for homicide resulting from 
 injuries by diUVivnt persons acting in- 
 dependently. 07 L.R.A. 430. 
 
 Right of one to testify as to his intent. 23 
 L.R.A.(N.S.) 388, 34 L.R.A. (N.S.) 324. 
 
 E\ iilence of lower or different degree in 
 prosecution for homicide. 18 L.R.A. 
 (N.S.) 16; 43 L.R.A.(N.S.) 813. 
 
 Proof of corpus delicti. 68 L.R.A. 57, 73, 
 75, 76, 77, 78. 
 
 Evidence of other crimes in prosecution for 
 murder. 62 L.R.A. 200, 227, 278, 308, 
 320. 
 
 Right on trial for homicide to show im- 
 morality of deceased as bearing upon 
 defendant's intent or motive. 36 L.R.A. 
 (N.S.) 397. 
 
 Admissibility, on trial for murder, of testi- 
 mony of accused at coroner's inquest. 
 70 L.R.A. 33; 33 L.R.A. (N.S.) 465. 
 
 Admissibility of coroner's finding to show 
 cause of death. 68 L.R.A. 285; 45 
 L.R.A. (N.S.) 404; L.R.A.1918E, 924. 
 
 Admission in evidence of portions of body 
 of deceased, on trial for. 12 L.R.A. 
 (X.S.) 238. 
 
 Right of court to order disinterment of 
 corpse for evidential purposes. 22 
 L.R.A. (N.S.) 513. 
 
 Evidence of declarations of victim of intent 
 to commit suicide. L.R.A.1916B, 821. 
 
 287. In prosecution for miscellane- 
 ous crimes. 
 
 In prosecution of carrier for transporting 
 intoxicating liquors. 46 L.R.A. 420. 
 
 Possession of recently stolen property as 
 evidence of burglary. 12 L.R.A. (N.S.) 
 199. 
 
 Competency of prosecuting witness on trial 
 for obtaining property by false pre- 
 tenses to testify that he was induced 
 to part with his property by defend- 
 ant's statements. 34 L.R.A. (N.S.) 642. 
 
 Right of accused to show unchastity of 
 prosecutrix in statutory rape. 48 
 L.R.A. (N.S.) 2G9. 
 
 Evidence of impotency in prosecution for 
 rape. L.R.A.1915B, 132. 
 
 In prosecution for rape of female of un- 
 sound mind. L.R.A.1916F, 749. 
 
 In prosecution under congressional "white 
 slave traffic act." L.R.A.1915A, 866. 
 
 XIII. Weight; effect; sufficiency. 
 
 a. In general. 
 
 288. Generally. 
 
 Collusiveness of judgment, see JUDGMENT. 
 Weight of evidence as question for jury, 
 see TRIAL, 20, 21. 
 
 Collusiveness of decisions of the Land De- 
 partment as to sufficiency and weight As compared wi 
 of evidence. L.R.A.1918D, 633. L.R.A. 331. 
 
 Begin iriffc this book on every law question. 
 
 EVIDENCE, XIII. a cont'd 
 
 Conclusiveness of judicial admission as to 
 strangers. 28 L.R.A. (N.S.) 327; L.R.A. 
 1915A, 200. 
 
 Effect of party's changing testimony on 
 second trial, to supply defects in the 
 case made on the first trial. 37 L.R.A. 
 (N.S.) 429. 
 
 Necessity of qualifying by reference to con- 
 scious falsity an instruction under a 
 statute enacting the maxim. Falsus in 
 itno, falsus in omnibus, without that 
 qualification. 29 L.R.A. (N.S.) 680. 
 
 Power of court to disregard testimony be- 
 cause contrary to scientific principles. 
 7 L.R.A. (N.S.) 357; 15 L.R.A. (X.S.) 
 701; 28 L,R.A.(N.S.) 648; L.R.A. 
 1916D, 301. 
 
 Right to judgment non obstante veredicto 
 because of failure of proof. 12 L.R.A. 
 (N.S.) 1021; L.R.A.1916E, 828. 
 
 In obtaining judgment nunc pro tune. 20 
 L.R.A. 145. 
 
 Injunction against judgment for erroneous 
 decision as to sufficiency. 30 L.R.A. 
 704. 
 
 Power of appellate court to reverse convic- 
 tion for insufficiency of evidence to sus- 
 tain verdict. 17 L.R.A. 484. 
 
 Degree of certainty with which perjury may 
 be established to constitute ground for 
 relief against judgment. 10 L.R.A. 
 (N.S.) 220. 
 
 289. Necessity of corroboration. 
 
 In criminal cases, see infra, 320, 321. 
 
 Necessity of corroboration of admission or 
 testimony of party to divorce in rela- 
 tion to the state of mind. 25 L.R.A. 
 (N.S.) 45. 
 
 290. Of expert testimony. 
 
 Generally. 42 L.R.A. 753. 
 
 Weight. 42 L.R.A. 755. 
 
 Opinions as to values and damages. 42 
 
 L.R.A. 767. 
 As to the value of professional services. 
 
 45 L.R.A.(N.S.) 181. 
 Opinions in patent cases. 42 L.R.A. 770. 
 Opinions as to handwriting. 42 L.R.A. 711: 
 
 L.R.A.191D, 642. 
 Opinion as to typewriting. L.R.A. 1918D, 
 
 652. 
 
 291. as to sanity and mental ca- 
 pacity. 
 
 Expert evidence as to, generally, see supra, 
 
 190. 
 Weight of evidence as to sanity as question 
 
 for jury, see TRIAL, 21. 
 
 In general. 39 L.R.A. 328; 42 L.R.A. 767 
 
 As affected by facts and opportunity to ob- 
 serve. 39 L.R.A. 329. 
 
 As affected by character, bias, and nature 
 of the question. 39 L.R.A. 331. 
 
 As compared with other expert opinions. 29
 
 INDEX TO L.R.A. NOTES. 
 
 527 
 
 EVIDENCE, XIII. a conf d 
 
 As compared with nonexpert opinions. 39 
 
 L.R.A. 332. 
 As question for the jury. 39 L.R.A. 333. 
 
 292. Of nonexpert opinion as to 
 sanity or mental capacity. 
 
 Nonexpert evidence as to, generally, see 
 supra, 191. 
 
 Weight of nonexpert opinions as to sanity 
 or mental capacity. 38 L.R.A. 745. 
 
 Of subscribing witnesses as to sanity or in- 
 sanity of testator. 39 L.R.A. 720; 6 
 L.R.A.(N.S.) 575. 
 
 293. Circumstantial evidence. 
 
 In criminal cases, see infra, 319. 
 Relevancy of, see supra, 271. 
 
 Recovery for death on circumstantial evi- 
 dence. 2 L.R.A. (N.S.) 905. 
 
 Discharge of burden of proof as to contribu- 
 tory negligence by. 33 L.R.A. (N.S.) 
 1138, 1177. 
 
 6. Negligence. 
 
 294. Generally. 
 
 Presumption and burden of proof as to, see 
 
 supra, III. g. 
 
 Opinion evidence as to, see supra, VIII. g. 
 Relevancy of evidence as to, see supra, XII. 
 
 g- 
 
 Of intoxication as evidence of negligence. 
 40 L.R.A. 145. 
 
 Probative value of various facts as tending 
 to show culpability of master in em- 
 ployment of servants. 48 L.R.A. 378. 
 
 Violation by servant of rule adopted by 
 railway company as evidence of neg- 
 ligence toward one other than servant. 
 8 'L.R.A. (N.S.) 1063; L.R.A.1917C, 793. 
 
 Operating street car at speed in excess of 
 that prescribed by ordinance as evi- 
 dence of negligence. 8 L.R.A. (N.S.) 
 1093. 
 
 Sufficiency of proof of negligence of carrier 
 causing injury to passenger. 13 L.R.A. 
 (N.S.) 602; 29 L.R.A. (N.S.) 809; 
 L.R.A.1916C, 366. 
 
 Sufficiency of evidence to establish negli- 
 gence reppecting escape and explosion 
 of gas. 29 L.R.A. 346. 
 
 Proof necessary to discharge burden resting 
 on plaintiff in action against physician 
 for malpractice to show that his negli- 
 gence or unskilfulness caused or con- 
 tributed to death or injury of patient. 
 15 L.R.A. (N.S.) 416. 
 
 Negligence of railroad company as to cattle 
 guards. L.R.A.1915B, 136. 
 
 Credibility and effect of testimony of person 
 injured at a railroad crossing that he 
 looked and listened, where he must have 
 detected the train had he looked or 
 listened. L.R.A.1915B, 140. 
 
 Violation of statute or ordinance as to 
 obstruction of crossings by trains as 
 negligence per se. 47 L.R.A. (N.S.) 821. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, XIII. b cont'd 
 
 Sufficiency of evidence to render carrier li- 
 able for injury to passenger for act 
 of drunken fellow passenger. 4 B. R. 
 C. 330. 
 
 c. Matters as to persons. 
 
 295. In general; marriage; divorce. 
 
 Presumption and burden of proof as to, see 
 supra, 27, 28. 
 
 Sufficiency of evidence to establish condona- 
 tion of matrimonial offense. 6 B. R. C. 
 617. 
 
 Proof of ceremonial marriage by testi- 
 mony of eyewitnesses, celebrant, or 
 parties. L.R.A.1915E, 121. 
 
 Insufficiency of evidence to warrant divorce 
 as a basis of attack on decree. L.R.A. 
 1917B, 432. 
 
 296. Legitimacy. 
 
 Presumption and burden of proof as to, see 
 supra, 24. 
 
 Proof necessary to establish bastardy of 
 child born to married woman. 36 
 L.R.A. (N.S.) 255. 
 
 297. Sanity; capacity. 
 
 Presumption and burden of proof as to, see 
 
 supra, 38. 
 Weight of opinion evidence as to, see supra, 
 
 291, 292. 
 As to sanity of accused, see infra, 316. 
 
 Evidence necessary to satisfy or shift bur- 
 den as to sanity. 36 L.R.A. 735. 
 
 As to sanity or insanity at time of mar- 
 riage. 40 L.R.A. 742. 
 
 Degree of proof of mental and physical con- 
 ditions of persons whose dying declara- 
 tions are offered in evidence. 56 L.R.A. 
 - 418. 
 
 298. of testator. 
 
 Presumption and burden of proof as to, see 
 supra, 39. 
 
 Suicide as evidence of testamentary inca- 
 pacity. 24 L.R.A. 577. 
 
 Weight of testimony of subscribing witness- 
 es as to sanity or insanity. 39 
 L.R.A. 720. 
 
 Against competency of testator. 6 
 L.R.A. (N.S.) 575. 
 
 299. Intent. 
 
 Presumption and burden of proof as to, 
 
 see supra, 41, 42. 
 
 Parol evidence as to, see supra, 166. 167. 
 Opinion evidence as to, seB supra, 197. 
 Relevancy of evidence as to, see supra, 
 
 255-257. 
 
 Weight and conclusiveness of testimony of 
 party as to his intent. 23 L.R.A. (N.S.) 
 402. 
 
 Sufficiency of evidence to show intentional 
 injury in action on insurance policy 
 exempting insurer or limiting its lia- 
 bility in case of injury intentionally in- 
 flicted by another. 48 L.R.A. (N.S.) 
 524.
 
 528 
 
 INDEX TO L.U.A. NOTES. 
 
 ].\ IDENCE, XIII. c cont'd 
 
 Wright of parol evidence introduced to 
 show thai in-ti uniciit importing an ab- 
 ^nlute conveyance was intended as a 
 mortgage. L.K.A.1916B, 247. 
 
 8 25>!a. Knowledge; notice. 
 
 Knowledge of insured of falsity of state- 
 ments respecting family history. L.R.A. 
 1917C, 876. 
 
 Knowledge of testator of contents of his 
 will. L.R.A.1918D, 754. 
 
 g 300. Undue influence. 
 
 Presumption and burden of proof as to, see 
 
 supra, 52, 53. 
 
 Relevancy of evidence as to, see supra, 
 260. 
 
 Sufficiency of evidence to repel presump- 
 tion of undue influence from circum- 
 stance that one benefited by will was 
 the draftsman thereof or benefited by 
 procuring 'its execution. 28 L.R.A. 
 (N.S.) 288. 
 
 301. Fraud. 
 
 Presumption and burden of proof as to, see 
 
 supra, 47. 
 
 Parol evidence as to fraud, see supra, 177. 
 Relevancy of evidence as to, see supra, 
 
 259. 
 
 Degree of certainty necessary to establish 
 fraud in a civil action. 33 L.R.A. 
 (N.S.) 836. 
 
 Character and sufficiency of proof to repel 
 suspicion of fraud from circumstance 
 that one benefited by a will was the 
 draftsman thereof or active in procur- 
 ing its execution. 28 L.R.A. (N.S.) 
 279. 
 
 302. as against creditors. 
 
 Presumption and burden of proof as to, see 
 supra, 48-50. 
 
 Conclusiveness of presumption of fraud 
 from retention of chattels by vendor. 
 24 L.R.A.(N.S.) 1127-. 
 
 302a. Drunkenness. 
 
 Sufficiency of evidence to warrant removal 
 of officer for drunkenness. 50 L.R.A. 
 (N.S.) 915. 
 
 Weight and sufficiency of evidence of in- 
 toxication as affecting negligence. 47 
 L.R.A.(N.S.) 742. 
 
 g 303. Probable cause. 
 
 Presumption and Burden of proof as to, see 
 supra, 46. 
 
 Conclusiveness of presumption of want of 
 probable cause for prosecution from dis- 
 charge. 64 L.R.A. 486. 
 
 g 303a. Identity. 
 
 Parol evidence as to, see supra, 183. 
 
 Snflleioncy of evidence to establish identity 
 in action for defamation of unnamed 
 person. 48 L.R.A. (N.S.) 369. 
 
 EVIDENCE, XIII. c cont'd 
 
 Sufficiency of evidence of resemblance be- 
 tween linger or hand prints as proof 
 of identity. 3 B. R. C. 70. 
 
 d. To overcome writing. 
 
 304. Generally. 
 
 Cogency of proof in suit for relief from 
 mistake of law as to effect of instru- 
 ment. 28 L.R.A.(N.S.) 917. 
 
 Sufficiency of evidence to impeach certifi- 
 cate of acknowledgment of deed. (> 
 L.R.A.(N.S.) 442; 41 L.R.A. (N.S.) 
 1176. 
 
 Sufficiency of proof of mistake to secure 
 avoidance of release of claim for per- 
 sonal injuries. L.R.A.1916B, 785. 
 
 e. Of documentary evidence. 
 
 305. Generally. 
 
 Comparison of handwriting. 62 L.R.A. 871. 
 
 Change of law as to effect of tax certificates 
 as evidence of title. 4 L.R.A. (N.S.) 
 ]074. 
 
 PJffect of public record as notice or evidence 
 of notice to start statute of limitations 
 against action based on fraud. 22 
 L.R.A. (N.S.) 208. 
 
 Right of insurance company to rely on 
 clause giving it option as to payee of 
 proceeds of policy and making receipt 
 conclusive evidence of payment to 
 proper person. 20 L.R.A. (N.S.) 928. 
 
 Constitutionality of statute making bill of 
 lading conclusive proof of receipt of 
 property. 22 L.R.A. (N.S.) 821. 
 
 306. Judgment. 
 
 Judgment against officer as conclusive evi- 
 dence against surety on official bond. 
 52 L.R.A. 176, 385, 187. 
 
 307. Life tables. 
 
 Conclusiveness and effect of tables of ex- 
 pectancy of life. 40 L.R.A. 560; L.R.A. 
 1918C, 1074. 
 
 308. Photographs. 
 
 Conclusiveness of photographs introduced in 
 evidence. 15 L.R.A. (N.S.) 1162. 
 
 308a. Knrollert bill. 
 Conclusiveness of. 23 L.R.A. 
 L.R.A.(N.S.) 1. 
 
 /. Contracts. 
 
 340; 40 
 
 Begin ivith this In >,,!,- on every law question. 
 
 309. Generally. 
 
 Presumption and burden of proof as to, see 
 
 supra, III. i. 
 Relevancy of evidence as to, see supra, 
 
 XII. 1. 
 
 To overcome denial of contract. 4 L.R.A. 
 
 (N.S.) 410. 
 Degree of proof necessary to establish parol 
 
 jri ft of real estate. 9 L.R.A.(N.S.) 508. 
 Proof of secondary contract abrogating or 
 
 altering prior contract. L.R.A.1915B, 
 
 68.
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, XIII. f cont'd 
 
 Weight of parol evidence introduced to show 
 that instrument importing an absolute 
 conveyance was intended to operate as 
 a mortgage. L.R.A.1916B, 247. 
 
 Evidence necessary to show waiver of stip- 
 ulation in building contract that alter- 
 ations or extras must be ordered in 
 writing. 48 L.R.A. (N.S.) 583. 
 
 Sufficiency of evidence, in connection with 
 possession of deed by grantor at his 
 death, to show nondelivery of deed. 44 
 L.R.A.(N.S.) 529. 
 
 Sufficiency of evidence to show delivery of 
 deed, though grantor had possession 
 thereof at his death. 44 L.R.A. (N.S.) 
 534. 
 
 Proof of contract to leave property in con- 
 sideration of services or support in 
 suit for its specific performance. 44 
 L.R.A.(N.S.) 743. 
 
 Proof of contract to leave property to child 
 in consideration of his living with 
 promisor, in suit for specific perform- 
 ance. 44 L.R.A.(N.S.) 769. 
 
 310. Of employment. 
 
 Presumption and burden of proof as to, 
 see supra, 92. 
 
 Sufficiency of evidence to support a recov- 
 eiy for services rendered by relative or 
 member of household. 11 L.R.A. (N.S.) 
 893, 901. 
 
 Tn action by wrongfully discharged servant 
 for damages from breach of contract. 
 6 L.R.A.(N.S.) 68. 
 
 Sufficiency of proof of other employment in 
 mitigation or reduction of damages for 
 wrongful discharge of servant. 6 
 L.R.A.(N.S.) 110. 
 
 311. Insurance matters. 
 
 Presumption and burden of proof as to, see 
 supra, 103a. 
 
 Sufficiency of proof of falsity of statements 
 by insured respecting family history. 
 L.R.A.1917C, 876. 
 
 Sufficiency of evidence to show intentional 
 injury in action on insurance policy 
 exempting insurer or limiting its lia- 
 bility in case of an injury intentionally 
 inflicted by another. 48 L.R.A.(N.S.) 
 529. 
 
 Conclusiveness of proofs of loss as against 
 insured or his beneficiaries. 44 L.R.A. 
 846 
 
 Validity and construction of provision in 
 insurance policy requiring the fact or 
 circumstances of loss to be established 
 by eye witness. 51 L.R.A. (N.S.) 221; 
 L.R.A.1918F, 420. 
 
 g. Will cases, 
 
 312. Generally. 
 
 Testamentary capacity of testator, see 
 
 supra, *298. 
 
 As to undue influence, see supra, 300. 
 Presumption and burden of proof as to 
 
 wills, see supra, 102. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, XIII. g cont'd 
 
 Sufficiency of proof to account for nonpro- 
 duction of will upon application to pro- 
 bate it as a lost or destroyed will. 
 
 50 L.R.A. (N.S.) 861. 
 
 To prove execution of lost or destroyed will. 
 38 L.R.A. 441. 
 
 To prove contents of lost or destroyed will, 
 38 L.R.A. 446. 
 
 Sufficiency of proof of knowledge by testa- 
 tor of contents of his will. L.R.A. 
 1918D, 754. 
 
 Evidentiary force of circumstance that one 
 benefited by a will was the draftsman 
 thereof, or was active in procuring its 
 execution. 28 L.R.A. (N.S.) 270. 
 
 Proof of will where attesting witnesses 
 have forgotten circumstances attend- 
 ing its execution. 51 L.R.A. (N.S.) 
 927. 
 
 Effect of adverse testimony of attesting wit- 
 nesses as to execution of will. L.R.A. 
 1916C, 1218. 
 
 h. Miscellaneous civil cases. 
 
 313. Generally. 
 
 Degree of proof requisite to establish fact 
 and contents of lost instrument which 
 is to constitute muniment of title. 
 L.R.A.1918B, 879. 
 
 Under the Torrens Law. L.R.A.1916D, 39. 
 
 Sufficiency of evidence as to death without 
 issue. 4 B. R. C. 632. 
 
 Sufficiency of circumstances to rebut pre- 
 sumption of death from absence. L.R.A. 
 1915B, 743. 
 
 Sufficiency of evidence to establish pecun- 
 iary loss in statutory action for 
 death. L.R.A.1916E, 145; L.R.A. 
 1918C, 1111, 1122. 
 In action by parents for death of 
 
 minor child. L.R.A.1918E, 290. 
 In action by parent to recover for 
 death of adult child. L.R.A.1916E, 
 197. 
 
 In statutory action by adult child to 
 recover for death of parent. L.R.A. 
 1916E, 180. 
 
 Sufficiency of proof that injury to em- 
 ployee arose out of and in the course 
 of the employment within meaning of 
 Workmen's Compensation Act. L.R.A. 
 1917D, 131; L.R.A.1918F, 915. 
 
 Sufficiency of evidence that death resulted 
 from an accident or personal injury 
 within meaning of Workmen's Com- 
 pensation Act. L.R.A.1918F, 877. 
 
 In action for damages for mental anguish 
 in telegraph case. 49 L.R.A.. (N.S.) 
 285. 
 
 Of poor condition, when delivered, of trees, 
 in action against vendor. 49 L.R.A. 
 (N.S.) 1154. 
 
 Constitutionality of statute which makes 
 shipper's statement as to weight con- 
 clusive. L.R.A.1917E, 1022. 
 
 Making weight as found by public weigher 
 conclusive as between buyer and seller. 
 
 51 L.R.A.(N.S.) 731.
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, XIII. h confd 
 
 of presumption as to re- 
 of communication sent through 
 mall. 4!) I..K.A. (N.S.) 458. 
 
 Weight and sufficiency of evidence to re- 
 but presumption as to receipt of com- 
 munication sent through mail. 49 
 L.R.A.(N.S.) 469. 
 
 May proof of delivery essential to gift rest 
 upon subsequent declarations of 
 donor alone. L.R.A.1916E, 288. 
 
 As to right of set-off on mortgage fore- 
 closure. 21 L.R.A. 327. 
 
 Proof of failure or refusal of bankrupt or 
 person having money or property be- 
 longing to bankrupt to deliver it to 
 trustee sufficient to justify contempt 1 
 order. 23 L.R.A.(N.S.) 256. 
 
 Sufficiency of evidence before tribunal of as- 
 sociation or corporation to support ex- 
 pulsion of member. 49 L.R.A. 369. 
 
 Kind and amount of proof necessary to es- 
 tablish tenant's title by adverse pos- 
 session. 53 L.R.A. 945. 
 
 In action against heirs for obligations of 
 ancestor. 21 L.R.A. 92. 
 
 Data necessary to warrant recovery for con- 
 sequential damages to real property. 
 3 L.R.A. (N.S.) 333. 
 
 Degree of certainty with which perjury set 
 up as ground for relief against judg- 
 ment must be established. L.R.A. 
 1916B, 891. 
 
 Weight and sufficiency of evidence of assess- 
 ment or nonassessment of property as 
 affecting its dedication or acceptance 
 for public use. L.R.A.1916B, 1177. 
 
 314. Libel. 
 
 Sufficiency of evidence to establish identity 
 in action for defamation of unnamed 
 person. 48 L.R.A. (N.S.) 369. 
 
 Degree of proof necessary to establish justi- 
 fication in action for libel or slander 
 charging criminal act. 10 L.R.A. (N.S.) 
 1051; 25 L.R.A. (N.S.) 1215. 
 
 Character and sufficiency of proof of truth 
 as a defense to a civil action for libel 
 or slander. 31 L.R.A. (N.S.) 132; 50 
 L.R.A.(N.S.) 1041. 
 
 i. Criminal cases. 
 1. Jn general. 
 
 315. Generally. 
 
 Presumption and burden of proof in, see 
 
 supra, III. 1. 
 
 Relevancy of evidence in, see supra, XII. o. 
 Sufficiency of evidence before grand jury to 
 
 sustain indictment, see GRAND JURY 
 
 8. 
 
 Applicability in proceeding to punish crimi- 
 nal contempt of rules as to degree of 
 proof in criminal cases. L.R.A.1917B 
 123. 
 
 Weight and effect of evidence as to charac- 
 ter of accused. 20 L.R.A. 618. 
 
 Sufficiency of evidence before grand jury to 
 sustain indictment. 28 L.R.A. 324. 
 
 EVIDENCE, XIII. i, 1 confd 
 
 Right of court to caution jury as to believ- 
 ing testimony of accused in his own be- 
 half. 19 L.R.A.(N.S.) 802. 
 
 Weight and effect on trial of accused of 
 testimony given by witnesses on pre- 
 liminary examination. 25 L.R.A.i N.S. i 
 884. 
 
 Sufficiency as proof of identity, of evidcr. ! 
 of resemblance between finger or hand 
 prints. 3 B. R. C. 70. 
 
 Degree of proof of venue in criminal ca>cs. 
 L.R.A.1918B, 1187. 
 
 316. As to sanity. 
 
 Presumption and burden of proof as to, see 
 supra, 40. 
 
 Beyond a reasonable doubt. 39 L.R.A. 7:;7: 
 
 44 L.R.A.(N.S.) 125. 
 To the satisfaction of the jurv. 39 L.R.A. 
 
 737. 
 A preponderance of the evidence. 39 L.R.A. 
 
 739; 44 L.R.A. (N.S.) 126. 
 Clearly proved, reasonable certainty, etc. 
 
 39 L.R.A. 742. 
 On issue of present insanity in criminal 
 
 case. 34 L.R.A. (N.S.) 1115, 
 Right of jury to abide by presumption of 
 
 defendant's sanity as against uncon- 
 
 tradicted evidence to the contrary. 24 
 
 L.R.A.(N.S.) 545. 
 
 317. As to alibi. 
 
 Burden of proof as to, see supra, 114. 
 
 Proof by defendant beyond a reasonable 
 
 doubt, 41 L.R.A. 530. 
 Proof by defendant by a preponderance of 
 
 "evidence. 41*L.R.A. 530. 
 Proof by defendant to raise a reasonable 
 
 doubt. 41 L.R.A. 533. 
 Proof by prosecution beyond a reasonable 
 
 "doubt. 41 L.R.A. 534. 
 Time covered by proof. 41 L.R.A. 541. 
 
 318. Corpus delicti. 
 
 Burden of proving, see supra, 115. 
 Relevancy of evidence as to, see supra, 
 285. 
 
 Generally. 
 In arson. 
 
 1916D, 1299. 
 In embezzlement. L.R.A. 1917A, 1289. 
 In homicide. 68 L.R.A. 73, 75-78: 7 
 
 L.R.A.(N.S.) 181. 
 In larceny. 68 L.R.A. 65; 28 L.R.A. (N.S.) 
 
 537; L.R.A.1916B, 846. 
 In rape. L.R.A.1916B, 747. 
 
 318a. Dying declarations. 
 
 Weight to which dying declarations are en- 
 titled. 56 L.R.A. 445; 52 L.R.A. (N.S.) 
 
 l > - . 
 
 319. Circumstantial evidence. 
 
 Relevancy of evidence as to, see supra, 
 271. 
 
 68 L.R.A. 57. 
 16 L.R.A. (N.S.) 285; 
 
 L.R.A 
 
 Is extrajudicial confession circumstantial 
 
 ... . 
 Begin with this book on every law question. 
 
 testimony. L.R.A.1917D, 595.
 
 IXDEX TO L.R.A. NOTES. 
 
 531 
 
 EVIDENCE, XIII. i, 1 cont'd 
 
 Necessity of instruction as to. 69 L.R.A. 
 393; 12 L.R.A^N.S.) 220. 
 
 Sufficiency of circumstantial evidence to 
 identify remains found as those of per- 
 son charged to have been killed. 7 
 L.R.A. (N.S.) 181. 
 
 Does chain theory apply where the evidence 
 is wholly circumstantial. 41 L.R.A. 
 (N.S.) 749. 
 
 Establishment in prosecution for perjury of 
 falsity of testimony by circumstantial 
 evidence. 44 L.R.A. (N.S.) 513. 
 
 320. Corroboration. 
 
 In civil cases, see supra, 289. 
 
 Proof of corpus delicti for purpose of. 68 
 L.R.A. 50, 64, 68, 71, 73. 
 
 Instructing jury as to corroboration of tes- 
 timony of accused. 19 L.R.A. (N.S.) 
 812. 
 
 Applicability of rule that conviction of per- 
 jury cannot rest upon uncorroborated 
 evidence of a single witness, to prose- 
 cution for subornation of perjury. 44 
 L.R.A.(N.S.) 307. 
 
 Necessity of corroborating evidence as to 
 reputation of house to support a con- 
 viction of keeping a disorderly house. 
 46 L.R.A. (N.S.) 593. 
 
 Contradictory statements made by one ac- 
 cused of perjury as sufficient corrobora- 
 tion of single witness. L.R.A.1918E, 
 928. 
 
 321. of accomplice. 
 
 May corroboration of prosecutrix necessary 
 to conviction of rape be supplied by her 
 own complaints out of court. 26 L.R.A. 
 (N.S.) 3149. 
 
 Letters identified only by prosecutrix as 
 corroboration of her testimony to prove 
 seduction or rape. 49 L.R.A. (N.S.) 
 1198. 
 
 Age of alleged accomplice in sexual offense 
 as affecting necessity of corroboration. 
 L.R.A.1915E, 1222. 
 
 Necessity of corroboration of testimony of a 
 person accepting aid to escape from 
 jail in order to convict persons render- 
 ing the assistance. 24 L.R.A. (N.S.) 
 625. 
 
 Who is accomplice in gambling within rule 
 requiring corroboration of testi- 
 mony. 43 L.R.A. (N.S.) 546. 
 
 Who is accomplice in bribery case within 
 the rule requiring corroboration of tes- 
 timony. 39 L.R.A. (N.S.) 704. 
 
 Purchaser of intoxicating liquors illegally 
 sold as an accomplice. 46 L.R.A. (N.S.) 
 410. 
 
 322. Self -contradictory testimony of 
 accomplice. 
 
 Conviction on the testimony of accomplice 
 which is self-contradictory. 21 L.R.A. 
 
 (N.S.) 878. 
 
 323. Reasonable doubt. 
 
 Proof of venue beyond. L.R.A.1918B, 1187. 
 Proof of alibi beyond. 41 L.R.A. 530. 
 Proof of insanity beyond. 39 L.R.A. 737; 
 
 44 L.R.A. (N.S.) 139. 
 Consult also L.R.A. Digests of Cases. 
 
 EVIDENCE, XIII. i, 1 cont'd 
 
 Effect of evidence of good character to raise. 
 20 L.R.A. 609. 
 
 Applicability of rule of, to self-defense in 
 homicide. 19 L.R.A. (N.S.) 483; 31 
 L.R.A.(N.S.) 1166. 
 
 Question whether suit for statutory pen- 
 alty is a civil or criminal prosecu- 
 tion as affecting necessity for proof be- 
 yond. 27 L.R.A. (N.S.) 746. 
 
 Propriety of instruction to the effect that 
 a reasonable doubt is one for which a 
 reason can be assigned. 16 L.R.A. 
 (N.S.) 260. 
 
 324. what constitutes. 
 
 Mere conjecture. 17 L.R.A. 705. 
 
 Such doubt as would influence action in 
 
 one's own affairs. 17 L.R.A. 705. 
 Substantial doubt. 17 L.R.A. 707. 
 Doubt growing out of the evidence. 17 
 
 L.R.A. 708. 
 Doubt for which reason can be given. 17 
 
 L.R.A. 710. 
 
 Equivalents. 17 L.R.A. 710. 
 Approved definitions. 17 L.R.A. 711. 
 As to defendant's insanity. 39 L.R.A. 745; 
 
 44 L.R.A. (N.S.) 119. 
 Propriety of instruction as the effect that 
 
 a reasonable doubt is one for which a 
 
 reason can be assigned. 16 L.R.A. 
 
 (N.S.) 260. 
 
 325. as to alibi. 
 
 Proof by defendant beyond reasonable doubt 
 
 as to. 41 L.R.A. 530. 
 Proof of alibi to raise a reasonable doubt. 
 
 41 L.R.A. 533. 
 Proof by prosecution beyond reasonable 
 
 doubt as to alibi. 41 L.R.A. 534. 
 
 2. Various particular crimes. 
 
 326. Homicide. 
 
 Presumption and burden of proof as to, see 
 
 supra, 116. 
 Relevancy of evidence as to, see supra, 
 
 286. 
 
 May finding of premeditation and delibera- 
 tion essential to murder in first degree 
 rest upon evidence that at the time de- 
 fendant was fleeing from the scene of 
 another crime. L.R.A.1918C, 566. 
 
 In prosecution for homicide in commission 
 of an unlawful act. 63 L.R.A. 398. 
 
 In prosecution for homicide in commission 
 of, or attempt to commit, an abortion. 
 63 L.R.A. 918. 
 
 Sufficiency of proof of motive or malice in 
 homicide in resisting arrest. 66 L.R.A. 
 385. 
 
 In case of homicide by misadventure. 3 
 L.R.A.(N.S.) 1161. 
 
 Burden of proving self-defense by prepon- 
 derance of evidence on prosecution for 
 homicide. 19 L.R.A. (N.S.) 492. 
 
 Proof of corpus delicti in. 68 L.R.A. 73, 
 75-78. 
 
 Sufficiency of circumstantial evidence to 
 identify remains found as those of per- 
 sons charged to have been killed. 7 
 L.R.A. (N.S.) 181.
 
 532 
 
 INDEX TO L.R.A. NOTES. 
 
 EVIDENCE, XIII. i, 2 cont'd 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence on prosecution 
 for. 69 L.R.A. 193, 201, 205. 
 
 Applicability of rule of to self-defense in 
 
 homicide. 19 L.R.A.(N.S.) 
 L.R.A.(N.S.) 1166. 
 
 483; 31 
 
 327. Sales of liquor. 
 
 Presumption and burden of proof as to, see 
 Bupra, 117. 
 
 To prove defendant's responsibility for sale 
 of intoxicating liquor by his servant. 
 41 L.R.A. 673. 
 
 Is allegation or proof of the sale of "beer" 
 or "lager beer" sufficient to sustain a 
 conviction under statutes prohibiting 
 the sale of spirituous, vinous, distilled, 
 malt, fermented, or intoxicating liquor. 
 7 L.R.A.(N.S.) 195; 25 L.R.A.(N.S.) 
 446; 48 L.R.A. (N.S.) 308. 
 
 Conviction of keeping a common liquor nui- 
 sance upon proof of a single sale. 
 L.R.A.1917F, 1110. 
 
 328. Miscellaneous. 
 
 In prosecution for inciting or abetting sui- 
 cide. 66 L.R.A. 307. 
 
 In prosecution for receiving deposit in in- 
 solvent bank. 31 L.R.A. 125. 
 
 In prosecution for carrying out unlawful 
 conspiracy. 68 L.R.A. 217. 
 
 In prosecution for violation of act regulat- 
 ing speed of automobiles. L.R.A.1918D, 
 147. 
 
 Conviction of perjury upon proof that ac- 
 cused made contradictory statements. 
 L.R.A.1917C, 58. 
 
 Sufficiency of proof of mere failure to pay 
 over money to sustain conviction 1 of 
 embezzlement. L.R.A.1917B, 1266. 
 
 Degree of proof of knowledge necessary to 
 convict one of receiving stolen goods. 
 22 L.R.A.(N.S.) 841. 
 
 In prosecution for counterfeiting union la- 
 bel. 39 L.R.A. (N.S.) 1202. 
 
 Sufficiency of proof of failure to provide 
 child with medical attendance and 
 remedies. 1 B. R. C. 749. 
 
 In prosecution under congressional "white 
 slave traffic act." LJR.A.1915A, 867- 
 L.R.A.1917E, 1137. 
 
 XIV- Admissibility under 
 variance. 
 
 pleadings; 
 
 329. Admissibility under pleadings. 
 
 Necessity of making allegations, see PUEAD- 
 ING, 37. 
 
 Admissibility under pleadings of parol evi- 
 dence to show that written instrument 
 importing an absolute transfer was in- 
 tended to operate as a mortgage. 
 L.R.A.1916B, 556. 
 
 Right to prove partial failure of consider- 
 ation for note given for purchase money 
 under plea of total failure. 39 L.R A 
 (N.S.) 951. 
 
 Admissibility of evidence in mitigation or 
 aggravation of punishment under plea 
 of nolo contendere. 41 L.R.A. (N.S.) 
 
 Begin with this booTc on every Jaw question. 
 
 EVIDENCE, XIV cont'd 
 
 Right to show disability of adult on issue 
 of contributory negligence without alle- 
 gation thereof. L.R.A.1917D, 558. 
 
 Defenses available under general denial or 
 a plea of the general issue in action 
 of ejectment. L.R.A.1918F, 247. 
 
 Admissibility of proof that money or prop- 
 erty was obtained by fraud, under the 
 common-law count for money had and 
 received. L.R.A.1918F, 439. 
 
 330. Variance. 
 
 Variance between proof and theory of the 
 case -set forth in pleading. 50 L.R.A. 
 (N.S.) 14. 
 
 Variance between pleading and proof in ac- 
 tion for damages through horse becom- 
 ing frightened by automobile on high- 
 way. 48 L.R.A. (N.S.) 966. 
 
 Variance between pleading and proof in ac- 
 tion to enforce subscription to charity. 
 48 L.R.A.(N.S.) 807. 
 
 Necessity and sufficiency of allegation or 
 proof as to time of injury to persons 
 or property on railroad track. L.R.A. 
 1915A, 781. 
 
 Necessity for agreement between allegations 
 and proof as to master's liaiblity to 
 injured servant. 41 L.R.A. 149. 
 
 Allegata and probata in action against 
 carrier for wilful tort of servant to 
 passenger. 40 L.R.A. (N.S.) 1085. 
 
 Variance between allegation and proof as 
 to time in action against railroad com- 
 panv for setting out fires. 41 L.R.A. 
 (N.S.) 635. 
 
 331. criminal cases, generally. 
 
 Variance in signatures attached to forged 
 instruments set out in indictments and 
 the instruments themselves. 31 L.i'.A. 
 (N.S.) 226. 
 
 Between indictment and bail bond or 
 recognizance in description of offense. 
 38 L.R.A.(N.S.) 325. 
 
 332. in homicide. 
 
 Correspondence between allegation and 
 
 proof of time of committing homicide. 
 
 3 L.R.A.(N.S.) 1024. 
 Variance as to name of deceased as ground 
 
 for reversal in homicide. 38 L.R.A. 
 
 (N.S.) 187. 
 
 333. in prosecution for keeping 
 disorderly house. 
 
 Proof of offense during any part of time 
 alleged. 49 L.R.A. (N.S.) 798. 
 
 Proof of offense at a time prior to that 
 alleged. 49 L.R.A. (N.S.) 798. 
 
 Proof of offense at a time between that al- 
 leged and the time of finding the in- 
 dictment. 49 L.R.A. (N.S.) 800. 
 
 Maine and Massachusetts cases. 49 L.R.A. 
 (N.S.) 800. 
 
 EVIDENTIARY ARTICLES. 
 
 Right of officer in executing criminal proc- 
 ess to take possession of. 18 L.R.A. 
 (N.S.) 253; L.R.A.1916C, 1017.
 
 INDEX TO L.R.A. NOTES. 
 
 533 
 
 EVIL. 
 
 Implied sanction of statutory regulations. 
 14 L.R.A. 846. 
 
 EXACT SCIENCES. 
 Books of, as evidence. 40 L.R.A. 553. 
 
 EXAMINATION. 
 
 Post mortem examination, see AUTOPSY; 
 
 POST MORTEM. 
 
 Of insured, see INSURANCE, 150. 
 Of juror, see JURY, 8a. 
 
 Of witnesses, generally, see WITNESSES, III. 
 
 Order to enter premises for. 31 L.R.A. 169. 
 
 Requiring examinations as conditions of ad- 
 mission or promotion of school pupils. 
 L.R.A.1917C, 997. 
 
 EXAMINING MAGISTRATE. 
 
 Discharge by as evidence of want of prob- 
 able cause for prosecution. 64 L.R.A. 
 481. 
 
 EXAMINING PHYSICIAN. 
 
 Admissibility of statements or letters by, as 
 to physical condition of insured. 38 
 L.R.A.(N.S.) 343. 
 
 EXCAVATION. 
 
 1. Generally. 
 
 Injury to lateral support by, see LATERAL 
 SUPPORT. 
 
 Loss of profits as element of damages for 
 breach of contract for making. 53 
 L.R.A. 70. 
 
 Violation of police ordinance as to exca- 
 vation in or near street as ground for 
 private action. 5 L.R.A.(N.S.) 259. 
 
 2. Injuries in. 
 
 Municipal liability for injury by excava- 
 tions in street, see HIGHWAYS, 70, 
 
 75, 81. 
 
 Sufficiency of general allegations of negli- 
 gence as to. 59 L.R.A. 252. 
 
 Doctrine of "attractive nuisance" as applied 
 to. 19 L.R.A.(N.S.) 1152. 
 
 Liability for damage to service mains by 
 excavating in street. L.R.A.1917E, 
 1094. 
 
 Liability for injuries by excavations near 
 highway or frequented path. 26 L.R.A. 
 689. 693; L.R.A.1918A, 850. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EXCAVATION cont'd 
 
 Duty to trespasser with respect to excava- 
 tions maintained on uninclosed land 
 near highway. 5 L.R.A. (N.S.) 733. 
 
 Liability of landlord to third persons as to. 
 50 L.R.A. (N.S.) 305. 
 
 Forgetfulness of, as contributory negligence. 
 39 L.R.A. (N.S.) 896. 
 
 Contributory negligence of children. L.R.A. 
 1917F, 105. 
 
 19 
 
 3. to servant. 
 
 Servant's assumption of risk as to. 
 
 L.R.A.(N.S.) 350. 
 Employer's nonliability for torts of inde- 
 pendent contractor in excavation work. 
 
 65 L.R.A. 654. 
 Nondelegability of duty to protect servants 
 
 engaged in excavating. 54 L.R.A. 69, 
 
 77. 
 Imputing to master coservant's negligence 
 
 in respect to dangers in excavation 
 
 work. 54 L.R.A. 138. 
 
 EXCEPTED PERILS. 
 
 See CARRIERS, 135. 
 
 EXCEPTIONS. 
 
 On appeal, see APPEAL AND ERROR, 24, 
 
 24a. 
 
 Bill of, see APPEAL AND ERROR, 23. 
 In deed, see DEEDS, 24-27. 
 Creation of easement by, see EASEMENTS, 
 
 o ^* 
 
 Burden of proving, see EVIDENCE, 21. 
 Negation of, in indictment, see INDICTMENT, 
 
 INFORMATION, AND COMPLAINT, 8. 
 During trial, see TRIAL, 18. 
 
 Liability of tenant for negligent destruc- 
 tion of premises as affected by excep- 
 tion in covenant for return of prem- 
 ises in good condition. L.R.A.1918A, 
 369. 
 
 EXCESS. 
 
 Injunction as proper remedy to protect 
 right of ingress and egress from street 
 to abutting property. 35 L.R.A. (N.S.) 
 193. 
 
 EXCESSIVE AMOUNT. 
 
 Sufficiency of tender of, see TENDER, 6. 
 
 EXCESSIVE DAMAGES. 
 
 For personal injury, see DAMAGES, 64. 
 For death, see DAMAGES, 65a.
 
 534 
 
 INDEX TO L.R.A. NOTES. 
 
 EXCESSIVE FORCE. 
 
 Liability of employer for excessive force 
 used by servant sent to commit tres- 
 pass. 70 L.R.A. 735. 
 
 EXCESSIVE HEAT. 
 
 Master's liability for vice principal's negli- 
 gence in exposing servant to. 54 L.R.A. 
 133. 
 
 EXCESSIVE LIEN. 
 
 Effect of filing, see MECHANICS' LIENS, 
 
 27. 
 
 EXCESSIVE LOCATION. 
 
 Effect of excessive location of mining claim. 
 28 L.R.A.(N.S.) 1029. 
 
 EXCESSIVE PAYMENTS. 
 
 Depositor's right to recover against one to 
 whom bank has made excessive pay- 
 ment. 42 L.R.A.(N.S.) 1135. 
 
 Recovery back of excessive payments to 
 public service corporation. 18 L.R.A. 
 (N.S.) 124. 
 
 EXCESSIVE PUNISHMENT. 
 
 Homicide by, see HOMICIDE, 9. 
 
 Of pupil by teacher. 1 B. R. C. 720. 
 
 EXCESSIVE SENTENCE. 
 Effect of, see CRIMINAL LAW, 79. 
 
 EXCHANGE. 
 
 Provision for, as affecting negotiability. 27 
 L.R.A. 222. 
 
 EXCHANGE OP PROPERTY. 
 
 Measure of damages for fraud in. 38 L.R.A 
 (N.S.) 465. 
 
 Performance by real estate broker of con- 
 tract to effect exchange of principal's 
 property. 44 L.R.A. 593. 
 
 Power to sell personal property in agent's 
 possession as implying power to ex- 
 change. 10 L.R.A. (N.S.) 1118. 
 
 Begin with this fooofc on every law question. 
 
 EXCHANGE OF PROPERTY cont'd 
 
 Effect on pledgee's rights of delivery of 
 pledged property for exchange. 39 
 L.R.A.(N.S.) 891. 
 
 Effect of taking possession on exchange of 
 lands without writing to satisfy stat- 
 ute of frauds. 3 L.R.A. (N.S.) 804. 
 
 Express provision by statute or charter for 
 payment of subscription to stock in 
 cash or money as excluding payment in 
 services or property. 27 L.R.A. (N.S.) 
 315. 
 
 EXCHANGES. 
 
 1. Generally. 
 
 Transactions in bucket shops, see BUCKET 
 SHOP. 
 
 Membership in exchange as subject of tax- 
 ation. 50 L.R.A. (N.S.) 255. 
 
 Review of decisions of, against members, 
 49 L.R.A. 358, 361, 364. 
 
 Validity of rule of board of trade requiring 
 submission of disputes to arbitration. 
 2 L.R.A.(N.S.) 672. 
 
 Property right in market quotation. 7 
 L.R.A.(N.S.) 889. 
 
 2. Seats in. 
 
 Seat on stock exchange as asset in bank- 
 ruptcy. 27 L.R.A. (N.S.) 613. 
 
 Resulting trust in favor of one who pur- 
 chases stock exchange seat in name of 
 another. 4 L.R.A. (N.S.) 435. 
 
 EXCISE. 
 
 Validity of excise tax on automobiles. 37 
 
 L.R.A.(N.S.) 440; 52 L.R.A. (N.S.) 949. 
 Effect of violation of excise laws on validity 
 
 of fire insurance. 40 L.R.A. 845. 
 Injunction against enforcement of excise 
 
 laws as affected by other remedies. 8 
 
 L.R.A.(N.S.) 125. 
 
 EXCISE OFFICERS. 
 
 Mandamus to, see MANDAMUS, 6. 
 
 EXCITEMENT. 
 
 As affecting testamentary capacity. 27 
 L.R.A.(N.S.) 66; L.R.A.1915A, 458. 
 
 Of accused, as affecting voluntariness of 
 confession. 18 L.R.A.(N.S.) 790; 50 
 L.R.A.(N.S.) 1087. 
 
 EXCLUSION. 
 
 Of foreign corporation, see CORPORATIONS, 
 
 139-140.
 
 INDEX TO L.R.A. NOTES. 
 
 535 
 
 EXCLUSIVENESS. 
 
 Exclusiveness of jurisdiction first acquired, 
 sec COURTS, 49, 50. 
 
 Of statutory remedy, see ELECTION OF REM- 
 EDIES, 12. 
 
 Of franchise, see FRANCHISES, 3. 
 
 Of possession to obtain title by adverse 
 possession. 15 L.R.A. (N.S.) 1196. 
 
 EXCLUSIVE PATRONAGE. 
 
 Validity of agreement to patronize particu- 
 lar concern exclusively. 42 L.R.A. 
 
 (N.S.) 842. 
 
 EXCLUSIVE POSSESSION. 
 
 Of recently stolen property as evidence of 
 burglary. 12 L.R.A. (N.S.) 217. 
 
 EXCLUSIVE PRIVILEGE. 
 
 Grant of, by carriers, see CARRIERS, V. b. 
 As to monopolistic privileges generally, see 
 
 MONOPOLIES AND COMBINATIONS. 
 Contract for exclusive service by telephone 
 
 company, see TELEPHONES, 2. 
 In use of trademark, see TRADEMARK, 9. 
 
 Right of riparian owner on tidal or nav- 
 igable waters to exclusive fishery. 31 
 L.R.A. (N.S.) 396. 
 
 Exclusive right to establish and operate 
 ferry. 59 L.R.A. 538; L.R.A.1916D, 
 834. 
 
 Exclusiveness of franchise of water com- 
 pany. 61 L.R.A. 80. 
 
 Breach of agreement in contract of sale 
 to give the purchaser the exclusive 
 right of sale as affecting the remedies 
 of the parties. L.R.A.1918C, 1027. 
 
 EXCLUSIVE REMEDY. 
 
 See ELECTION OF REMEDIES, 12. 
 
 EXCLUSIVE RIGHT. 
 
 Loss of profits of sale or purchase of, as 
 damages. 52 L.R.A. 238. 
 
 EXCOMMUNICATION. 
 
 See RELIGIOUS SOCIETIES, 13. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EXCURSIONISTS. 
 
 Imputing negligence of carrier to. 8 
 L.R.A. (N.S.) 626; L.R.A.1915A, 762. 
 
 Duty of carrier to passenger on train or 
 boat chartered to third person for ex- 
 cursion. 15 L.R.A. (N.S.) 425; 52 
 L.R.A (N.S.) 260. 
 
 EXCUSABLE HOMICIDE. 
 
 By unlawful act aimed at another than one 
 
 killed. 63 L.R.A. 667. 
 In commission of, or attempt to commit, an 
 
 abortion. 63 L.R.A. 909; 49 L.R.A. 
 
 (N.S.) 582. 
 
 EXCUSABLE NEGLECT. 
 
 As ground for relief from judgment, see 
 JUDGMENT, 94. 
 
 EXCUSE. 
 
 For assault and battery, see ASSAULT AND 
 BATTERY, 3-6. 
 
 For committing crime, see CRIMINAL LAW, 
 III. 
 
 For nonperformance of contract, see CON- 
 TRACTS, 123-126, 135a. 
 
 For failure to give notice of claim to mu- 
 nicipality, see MUNICIPAL CORPORA- 
 TION, 107. 
 
 Excuse for delay in enforcing liability of 
 maker of note so as to prevent release 
 of indorser. 18 L.R.A. (N.S.) 553. 
 
 Excuse for teacher's failure to obtain cer- 
 tificate of qualification. 42 L.R.A. 
 (N.S.) 415. 
 
 EXECUTION. 
 
 I. In general, 1-14. 
 II. Supplementary proceedings, 15, 
 16. 
 
 III. Equitable remedy in aid of, 17. 
 
 IV. Body execution, IS. 
 
 I. In general. 
 
 1. Generally. 
 
 Of chattel mortgage, see CHATTEL MORT- 
 GAGE, 3. 
 
 Of deeds, see DEEDS, 3-5. 
 
 Of will, see WILLS, 18-32. 
 
 For crime, see CRIMINAL LAW, 75. 
 
 As condition precedent to equitable reme- 
 dy of creditors, see CREDITORS' BILL, 
 2. 
 
 Exemption from, see EXEMPTION. 
 
 Sale on, see JUDICIAL SALE. 
 
 Levy of, see LEVY AND SEIZURE.
 
 536 
 
 INDEX TO L.R.A. NOTES. 
 
 EXECUTION, I. <x>nt'd 
 
 Property subject to, see LEVY AND SEIZURE, 
 2-7. 
 
 Right to sue upon domestic judgment upon 
 which execution may be issued. L.R.A. 
 1917A, 189. 
 
 Injunction against. 30 L.R.A. 98. 
 
 Constitutionality of imprisonment on. 
 L.R.A.1915B, 646. 
 
 Territorial extent of lien of execution. 45 
 L.R.A.(N.S.) 267. 
 
 When statute begins to run against action 
 by private person based on .breach of 
 duty in execution by public officer. 
 52 L.R.A.(N.S.) 704. 
 
 What entry or record of judgment is nec- 
 essary for purpose of enforcement by 
 execution. ' 28 L.R.A. 633. 
 
 Irregularities in; as ground for injunction 
 against sale under. 30 L.R.A. 136. 
 
 Notice sufficient to put purchaser pending, 
 on inquiry as to vendor's fraudulent 
 intent. 32 L.R.A. 61. 
 
 Right to mandamus to compel inferior court 
 to execute or enforce its judgment or 
 decree by issuing execution. 24 L.R.A. 
 (N.S.) 891. 
 
 Liability of officer for larceny while acting 
 under writ of. 3 L.R.A. (N.S.) 508. 
 
 Liability of officer's bond for failure to 
 return money deposited to avoid execu- 
 tion of writ. 39 L.R.A. (N.S.) 577. 
 
 Effect of judgment establishing title to 
 property seized under execution, as 
 against officer making seizure who was 
 not a party thereto. 14 L.R.A. (N.S.) 
 530. 
 
 Federal courts following state decisions as 
 to matters relating to. 40 L.R.A. (N.S.) 
 436. 
 
 2. Right to. 
 
 Effect of bar of statute of limitations 
 against action to enforce judgment up- 
 on right to issue execution thereon. 23 
 L.R.A. (N.S.) 1096. 
 
 3. Against whom. 
 
 Against both partners for debt of one part- 
 ner. 46 L.R.A. 495. 
 
 4. Against what. 
 
 On corporate stock ; effect of pledge or other 
 transfer not made in books of com- 
 pany. 67 L.R.A. 656. 
 
 Purchase of real estate of partnership un- 
 der. 28 L.R.A. 173. 
 
 5. Time of issuing. 
 
 First and last days in computing time for. 
 49 L.R.A. 233; 15 L.R.A. (N.S.) 690. 
 
 Effect of resolution to pay judgment against 
 city to excuse creditor's failure to is- 
 sue execution during statutory period. 
 2 L.R.A.(N.S.) 855. 
 
 6. extension of. 
 
 Extension of time for levying execution as 
 discharge of surety. 5 L.R.A. (N.S.) 
 764. 
 
 Begin witJi this ijoolc on every laiv question. 
 
 EXECUTION, L cont'd 
 7. Effect of issuing. 
 Loss of lien by, see LIENS, 19. 
 
 Effect of issuance of execution against one 
 joint tort feasor upon liability of oth- 
 er. 58 L.R.A. 419. 
 
 Right of possession as between receiver and 
 creditor levying an execution on prop- 
 erty. 20 L.R.A. 392. 
 
 Waiver of lien of chattel mortgage by execu- 
 tion. 24 L.R.A.(N.S.) 490; 51 L.R.A. 
 (N.S.) 1068. 
 
 8. Necessity for. 
 
 Execution as condition precedent to equi- 
 table remedies of creditors. 23 L.R.A. 
 (N.S.) 26. 
 
 9. Failure to issue or execute. 
 
 Release of indorser of note from liability 
 by failure to issue or levy, against mak- 
 er. 18 L.R.A.(N.S.) 546. 
 
 Burden of proof in action to recover for 
 failure to execute process. 3 L.R.A. 
 (N.S.) 420. 
 
 10. Return. 
 
 Officer's return upon an execution or order 
 of sale as a memorandum satisfying 
 the Statute of Frauds. L.R.A.1917E, 
 899. 
 
 Release of indorser of note by improper re- 
 turn to execution against maker. 18 
 L.R.A. (N.S.) 548. 
 
 Variance between execution and judgment 
 as affecting amercement of officer for 
 failure to return execution. 42 L.R.A. 
 (N.S.) 895. 
 
 11. Payment; satisfaction. 
 
 On original judgment after payment by 
 
 surety. 68 L.R.A. 567. 
 Acceptance of commercial paper as payment 
 
 or satisfaction of. 35 L.R.A. (N.S.) 
 
 83. 
 
 12. Stay. 
 
 Stay of execution of sentence for crime, see 
 CEIMINAL LAW, 84. 
 
 Priority of judgment with stay of, over con- 
 veyance made after beginning of term. 
 38 L.R.A. 250. 
 
 Release of indorser of note by stay of ex- 
 ecution against maker. 18 L.R.A. (N.S.) 
 549. 
 
 13. Lioss of priority. 
 
 Loss of priority of execution by consent of . 
 creditor to delay or postponement of 
 sale. 27 L.R.A. 374. 
 
 Priority as between true owner and exe- 
 cution creditors of one in whose name 
 he has placed stock' on the books of 
 the corporation. 49 L.R.A. (N.S.) 
 1159. 
 
 May priority between judgments, the liens 
 of which have attached simultaneously, 
 be obtained by priority of execution 
 proceedings. L.R.A.1916D, 669.
 
 INDEX TO L.R.A. NOTES. 
 
 537 
 
 EXECUTION, L cont'd 
 11. Death of one party after judg- 
 ment as affecting remedy by. 
 
 Death of sole judgment creditor. 61 L.R.A. 
 
 353. 
 Death of sole judgment debtor. 61 L.R.A. 
 
 362. 
 
 Civil death of debtor. 61 L.R.A. 386. 
 Death of one of several judgment creditors 
 
 before issuance. 61 L.R.A. 386. 
 Death of one of several judgment debtors. 
 
 61 L.R.A. 387. 
 
 //. Supplementary proceedings. 
 
 15. Generally. 
 
 Right of receiver in supplementary proceed- 
 ings to contest will. L. R.A.I 93 8 A, 462. 
 
 Exemption of officer's salary. 54 L.R.A. 
 566. 
 
 Necessity of return of, as a condition of 
 right of judgment creditor to procure 
 a receivership. 33 L.R.A. 546. 
 
 Exhausting remedies at law as a condition 
 of right of. 33 L.R.A. 550.. 
 
 Effect of bankruptcy on. 45 L.R.A. 193. 
 
 16. Lien acquired by service of 
 notice in. 
 
 Generally. 3 L.R.A. (N.S.) 123. 
 New York cases under the Codes. 3 L.R.A. 
 (N.S.) 123. 
 
 ///. Equitable remedy in aid of. 
 
 17. Generally. 
 
 To subject choses in action to judgment 
 after return of no property found. 63 
 L.R.A. G73; 15 L.R.A. (N.S.) 976. 
 
 IV. Body execution. 
 
 18. Generally. 
 
 Power of attorney to bind client by release 
 
 of defendant taken in execution. L.R.A. 
 
 1918D, 808. 
 Constitutionality of imprisonment on. 34 
 
 L.R.A. 634. 
 Arrest under civil process for breach of 
 
 warranty. 20 L.R.A. (N.S.) 844. 
 Release of indorser of note by failure to 
 
 take out capias ad satisfaciendum 
 
 against maker. 18 L.R..A.(N.S.) 549. 
 Order of arrest or capias ad respondendum 
 
 as condition of right to body execution. 
 
 L.R.A. 1915A, 706. 
 Right to bail pending attempt to avoid 
 
 body execution. L.R.A.1915E, 340. 
 Right to break and enter dwelling to serve 
 
 writ of, L.R.A.1916D, 284. 
 
 EXECUTIVE COMMITTEE. 
 
 Authority of agent of, to contract for serv- 
 ices of other persons. L.R.A.1918F, 70. 
 
 EXECUTIVE DEPARTMENTS. 
 
 See COTTTSTS, 17: GOVERNOR. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EXECUTIVE OFFICERS. 
 
 Mandamus to, see MANDAMUS, 5. 
 
 EXECUTOR DE SON TORT. 
 
 Waiver or tolling of statute of limitationa 
 by, as to an indebtedness of the estate. 
 L.R.A.1915B, 1040. 
 
 EXECUTORS AND ADMINISTRA- 
 TORS. 
 
 I. In general, 1,2. 
 II. Appointment, resignation; re- 
 moval; bond, 3-11. 
 III. Powers, duties, and liabilities; 
 claims due estate; assets, 
 12-32. 
 
 a. Rights and poivers, 12- 
 
 1S. 
 
 b. Duties, 19. 
 
 c. Liabilities, 2O-27. 
 
 1. In general, 2O-21. 
 
 2. For what liable, 22- 
 
 25. 
 
 3. Liability on bond, 
 
 26, 27. 
 
 d. Claims due estate, 28, 
 
 29. 
 
 e. Assets, 29a-32. 
 
 IV. Indebtedness; distribution; ac- 
 counting and settlement; 
 allowances, 33-55a. 
 
 a. Debts and obligations of es- 
 
 tate, 33-46. 
 
 b. Distribution of estate, 
 
 47-49. 
 
 c. Accounting; commissions; 
 
 reimbursement, 5O-53. 
 
 d. Allowances, 54-55a. 
 
 V. Suits affecting estate, 56-58. 
 VI. Sale of property of estate, 59. 
 VII. Foreign and ancillary administra- 
 tion, 6O, 61. 
 
 I. In general. 
 
 1. Generally. 
 
 Effect of insolvency of, see INSOLVENCY, 
 14. 
 
 Who are legal representatives within in- 
 surance policy, see INSURANCE, 188. 
 
 Collusiveness of foreign judgment against, 
 see JUDGMENT, 70. 
 
 Assessment of property of decedent's es- 
 tate, see TAXES, 54. 
 
 As to succession or inheritance taxes, see 
 TAXES, 90-105. 
 
 Probate of will, see WILLS, 47-56. 
 
 Competency of witnesses in action by or 
 against, see WITNESSES, 22-24. * 
 
 Competency as an attesting witness of officer 
 or stockholder of a corporation named 
 as executor. L.R.A.1916D, 185.
 
 538 
 
 INDEX TO L.R.A. NOTES. 
 
 EXECUTORS AND ADMINISTRATORS, I. 
 cont'd 
 
 Situs for property taxation as between dif- 
 ferent states or countries, of personal 
 property held by executor or adminis- 
 trator. L.R.A.1915C, 949. 
 
 Notice to personal representative of de- 
 ceased owner to redeem from tax sale. 
 44 L.R.A.(N.S.) 668. 
 
 Who are "legal representatives" within life 
 insurance policy. 30 L.R.A. 609. 
 
 First and last days in computing time in 
 matters of. 49 L.R.A. 239. 
 
 Gift by will as affected by executor's prom- 
 ise to testator. 20 L.R.A. 469. 
 
 Revaluation or reassignment of homestead 
 for appreciation or depreciation of 
 value. 44 L.R.A. 402; 16 L.R.A. (N.S.) 
 728. 
 
 Enforcing orders and decrees of courts by 
 imprisonment for debt. 34 L.R.A. 663. 
 
 Assessment against personal representative 
 omitted during lifetime of owner. 40 
 L.R.A.(N.S.) 927. 
 
 Proof of execution of attested instrument 
 where subscribing witness is executor 
 or administrator. 35 L.R.A. 336. 
 
 Admissibility of declarations of executor to 
 show lack of testamentary capacity or 
 undue influence. 38 L.R.A. (N.S.) 731. 
 
 Direction to executors in bequest of stocks, 
 bonds, or notes as determining whether 
 bequest is general or specific. 11 
 L.R.A. (N.S.) 83. 
 
 Validity of contract for unauthorized ad- 
 ministration of estates. 12 L.R.A. 
 (N.S.) 613. 
 
 Constitutionality of statutes providing for 
 administration of estate of absentee. 
 4 L.R.A. (N.S.) 944. 
 
 Remedy of pretermitted heirs by intervening 
 in administration. 37 L.R.A.(N.S. ) 
 1147. 
 
 Preliminary injunction which would have 
 effect of transferring possession of prop- 
 erty from defendant in possession to 
 administrator. 39 L.R.A. (N.S.) 34. 
 
 Interests covered by particular designation 
 of insured on property belonging to a 
 decedent's estate. 42 L.R.A. (N.S.) 79. 
 
 Adverse possession of executor or adminis- 
 trator as continuation of that of an- 
 cester. L.R.A.1917C, 147. 
 
 2. Necessity of administration in 
 devolution of personalty. 
 
 In general. 15 L.R.A. 491. 
 
 As to husband or wife of decedent. 15 
 L.R.A. 495. 
 
 When decedent a minor. 15 L.R.A. 496. 
 
 Rights of administrator appointed subse- 
 quent to assumption of ownership by 
 those entitled. 15 L.R.A. 496. 
 
 Effect of statutes barring administration, 
 and of lapse of time. 15 L.R.A. 497. 
 
 II. Appointment; resignation; removal; 
 bond. 
 
 3. Generally. 
 
 Effect of misnaming estate in granting let- 
 ters. 46 L.R.A. (N.S.) 274. 
 
 EXECUTORS AND ADMINISTRATORS, 
 II. cont'd 
 
 Validity of grant of administration where 
 will is subsequently discovered. 7 
 B. R. C. 498. 
 
 Right of domiciliary executors and adminis- 
 trators, or their nominees, to ancillary 
 letters. 48 L.R.A. (N.S.) 858. 
 
 Jurisdiction of estate of inmate of Federal 
 home or institution. 39 L.R.A. (N.S.) 
 586. 
 
 4. What assets will give jurisdiction 
 to appoint administrator. 
 
 Generally. 24 L.R.A. 684; L.R.A.1915D, 
 
 866. 
 
 Necessity for assets. L.R.A.1915D, 856. 
 What value necessary. 24 L.R.A. 684; 
 
 L.R.A.1915D, 857. 
 Where assets are regarded as located. 24 
 
 L.R.A. 685. 
 Personal property generally. L.R.A.1915D, 
 
 858. 
 Debts due decedent, generally. 24 L.R.A. 
 
 685; L.R.A.1915D, 858. 
 Interest in pending suit. 24 L.R.A. 686. 
 Action for death or personal injurv. 24 
 
 L.R.A. 686; L.R.A.1915D, 860. 
 Specialties. 24 L.R.A. 687. 
 Judgments. 24 L.R.A. 687; L.R.A.1915D, 
 
 859. 
 Corporate stock. 24 L.R.A. 687; L.R.A. 
 
 1915D, 859. 
 Insurance policy. 
 
 1915D, 864. 
 Claims against government. 24 L.R.A. 687 ; 
 
 L.R.A.1915D, 864. 
 Assets brought within jurisdiction after 
 
 death of intestate. 
 
 L.R.A.1915D, 865. 
 Real estate. 24 L.R.A. 
 
 864. 
 
 Deposits. 24 L.R.A. 689; L.R.A.1915D, 858. 
 Doubtful claims. 24 L.R.A. 689. 
 Contingent claim. L.R.A. 1915D, 859. 
 Equitable claim. L.R.A.1915D, 859. 
 Claim against estate of another. L.R.A. 
 
 1915D, 860. 
 Claim against personal representatives. 24 
 
 L.R.A. 689. 
 
 Bills and notes. 24 L.R.A. 689. 
 Community property. L.R.A.1915D, 860. 
 Interest in partnership. L.R.A.1915D, 860. 
 Appointment of administrator for sole pur- 
 pose of bringing action under Federal 
 
 24 L.R.A. 687; L.R.A. 
 
 24 L.R.A. 688; 
 L.R.A.1915D, 
 
 employers' 
 
 (N.S.) 78. 
 
 liability act. 47 L.R.A. 
 
 Begin with this 1>ook on every laiv question. 
 
 5. Who may be appointed. 
 
 Requisite moral qualifications. 16 L.R.A. 
 538. 
 
 Foreign corporation as. 24 L.R.A. 291. 
 
 Jurisdiction and power of consuls to ad- 
 minister on estates. 45 L.R.A. 496 ; 
 37 L.R.A. (N.S.) 549. 
 
 Right of one first entitled to administration 
 to nominate a third person, to exclu- 
 sion of those next entitled thereto. 22 
 L.R.A. (N.S.) 1161.
 
 INDEX TO L.R.A. NOTES. 
 
 539 
 
 EXECUTORS AND ADMINISTRATORS, 
 
 II. cont'd 
 
 Payment or tender of debt due from estate 
 as affecting creditor's right to letters 
 of administration. 45 L.R.A. (N.S.) 
 237. 
 
 Right of committee of lunatic or guardian 
 of an infant to appointment as ad- 
 ministrator or executor. L.R.A. 
 1915C, 581. 
 
 6. nonresidents. 
 
 Nonresidents as executors. 1 L.R.A. (N.S.) 
 
 341. 
 Nonresidents as adminstrators. 1 L.R.A. 
 
 (N.S.) 346. 
 
 7. Effect of appointment of debtor. 
 
 Effect of appointment of debtor as execu- 
 tor or administrator to discharge 
 debt, or charge personal represen- 
 tative and his sureties. 26 L.R.A. 
 (N.S.) 411. 
 
 8. Resignation or removal. 
 
 Power to permit executor who has qualified 
 to resign. 13 L.R.A.(N.S.) 438. 
 
 Effect of removal or resignation of personal 
 representative on liability of estate to 
 attorney employed by him. 25 L.R.A. 
 (N.S.) 74. 
 
 Effect of insanity or mental incompetency 
 of executor or administrator. 45 L.R.A. 
 (N.S.) 1C73. 
 
 9. Termination of appointment; 
 revocation of letters or probate. 
 
 Validity of act done under letters after- 
 wards revoked, see infra, 16. 
 
 Revocation of letters of administration up- 
 on discovery of will. 49 L.R.A. (N.S.) 
 894. 
 
 Revocation of probate as termination of 
 appointment of administrator c. t. a. 
 29 L.R.A. (N.S.) 975. 
 
 Jurisdiction in case of acts by executor or 
 administrator under letters testament- 
 ary or of administration subsequently 
 revoked or set aside. 21 L.R.A. 151; 
 43 L.R.A.(N.S.) 634. 
 
 10. Impeachment of jurisdictional 
 facts. 
 
 Collateral impeachability of findings as to 
 jurisdictional facts on which ad- 
 ministration of a decedent's estate 
 is based. 18 L.R.A. 242. 
 
 11. Bond. 
 
 Liability on, see infra, 26, 27. 
 
 Execution of bond on condition that others 
 shall sign. 45 L.R.A. 340. 
 
 Effect of delivery of bond unsigned by 
 principal obligor. 12 L.R.A. (N.S.) 
 1118. 
 
 Validity of sale to surety on execxttor's 
 bond. 4 L.R.A.(N.S.) 820. 
 
 Raising question of executor's or adminis- 
 trator's collusion in establishing claim 
 against estate by an action on his bond. 
 L.R.A. 1915C, 738. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EXECUTORS AND ADMINISTRATORS, 
 cont'd 
 
 III. Powers, duties, and liabilities; 
 claims due estate; assets. 
 
 a. RigJits and powers. 
 
 12. Generally. 
 
 Authority to enter judgment on warrant 
 of attorney. 13 L.R.A. 798. 
 
 Rights of representative of deceased depos- 
 itor of money in trust for third person. 
 32 L.R.A. 375. 
 
 Right of personal representative of lessee 
 to possession of leased premises under 
 a lease to commence in futuro. 22 
 L.R.A.(N.S.) 301. 
 
 Circumstances sufficient to put one taking 
 paper from executor or administrator 
 on inquiry. 29 L.R.A. (N.S.) 365; 44 
 L.R.A.(N.S.) 403; L.R.A.1918F, 1153. 
 
 Estoppel of one who executes a deed as 
 executor or administrator to set up an 
 existing title in himself. 21 L.R.A. 
 (N.S.) 60. 
 
 Right of court to control discretion vested 
 by will in executor to determine fitness 
 of legatee to receive legacy. 25 L.R.A. 
 .(N.S.) 421. 
 
 Settlement of cause of action for death by 
 beneficiaries without assent of execu- 
 tor or administrator. 35 L.R.A. (N.S.) 
 207. 
 
 Bequest to executor to divide as he thinks 
 best. 37 L.R.A.(N.S.) 403. 
 
 Power of executor to contest right of trus- 
 tee in bankruptcy to proceeds of life 
 insurance of deceased. 41 L.R.A. 
 (N.S.) 125. 
 
 Right of personal representative to indem- 
 nity from estate for debts con- 
 tracted. 40 L.R.A.(N.S.) 232. 
 
 Right of creditors to subrogation to per- 
 sonal representative's right of indem- ' 
 nity. 40 L.R.A.(N.S.) 233. 
 
 Doctrine of equitable conversion as affect- 
 ing executor's right to sign consent or 
 remonstrance as land owner. 50 L.R.A. 
 (N.S.) 32. 
 
 Power of executor or administrator to en- 
 ter into contract for material or labor 
 so as to subject estate to mechanics' 
 lien therefor. 52 L.R.A. (N.S.) 870. 
 
 Power to waive or toll statute of limita- 
 tions or nonclaim as to an indebtedness 
 of the estate. L.R.A.1915B, 1016. 
 
 Liability of corporation transferring stock 
 on books at request of personal repre- 
 sentative of deceased owner. 45 L.R.A. 
 (N.S.) 1079. 
 
 Right of continuing or surviving executor 
 or administrator against former co- 
 executor or coadministrator or latter's 
 representatives. 47 L.R.A. (N.S.) 995. 
 
 Ornamental articles as fixtures as between 
 legatees, devisees, heirs, personal rep- 
 resentatives, and life tenants. 6 
 B. R. C. 162. 
 
 Right of executor to contest will. L.R.A. 
 1918A, 467.
 
 640 
 
 INDEX TO L.R.A. NOTES. 
 
 EXECUTORS AND ADMINISTRATORS, 
 
 III. a cont'd 
 Bequest to executor to divide as he thinks 
 
 best. L.R.A.1917D, 821. 
 
 13. Powers of administrator with 
 the will annexed. 
 
 Will special power, other than power of 
 sale, conferred on executor by will, 
 pass to an administrator with the will 
 annexed. 29 L.R.A. (N.S.) 264. 
 
 Right to carry on business under testa- 
 mentary power. 40 L.R.A. (N.S.) 208. 
 
 Right of administrator c. t. a. to exercise 
 power of sale of real estate. 50 L.R.A. 
 (N.S.) 609. 
 
 14. Executor or administrator of de- 
 ceased partner. 
 
 Power of personal representative to carry 
 
 on business. 40 L.R.A.(N.S.) 201. 
 When partnership in land continues after 
 
 death of partner. 28 L.R.A. 106. 
 Respective powers of surviving partner and 
 
 personal representative of deceased 
 
 partner. 28 L.R.A. 136. 
 
 14a. as to real estate. 
 
 Rights of executor or administrator as to 
 partnership real estate. 27 L.R.A. 
 340; 28 L.R.A. 99, 105, 136. 
 
 Powers as to partnership real estate vested 
 in executors or administrators of de- 
 ceased partner. 27 L.R.A. 352. 
 
 Rights of heirs of deceased partner in part- 
 nership real estate as against personal 
 representatives of deceased partner. 
 27 L.R.A. 352. 
 
 15. Right to rents on lease of intes- 
 tate's property. 
 
 Classification by states. 40 L.R.A. 321. 
 English cases. 40 L.R.A. 339. 
 Summary as to rents accruing during own- 
 er's life.' 40 L.R.A. 342. 
 Summary as to rents accruing after owner's 
 death. 40 L.R.A, 343. 
 
 EXECUTORS AND ADMINISTRATORS, 
 III. a cont'd 
 
 May less than all the executors named ex- 
 ercise power of sale.- 50 L.R.A. (N.S.) 
 622. 
 
 When power of sale deemed to be coupled 
 with an interest. 50 L.R.A. (N.S.) 632. 
 
 When power of sale deemed annexed to the 
 office, or given ratione officii. 50 
 L.R.A. (N.S.) 643. 
 
 8 17a. Power to carry on business in 
 behalf of estate. 
 
 To wind up business. 40 L.R.A.(N.S.) 205. 
 
 Testamentary power. 40 L.R.A. (N.S.) 206. 
 
 Under express power in articles of partner- 
 ship. 40 L.R.A. (N.S.) 207. 
 
 Under parol power. 40 L.R.A. (N.S.) 208. 
 
 Right of administrator c t. a. or d. 6. . to 
 carry on business under testamentary 
 power. 40 L.R.A. (N.S.) 208. 
 
 Statutory power to carry on business. 40 
 L.R.A.(N.S.) 209. 
 
 Power of court to permit carrying on bus- 
 iness. 40 L.R.A. (N.S.) 210. 
 
 18. Power to elect between dower 
 and provision of will. 
 
 Right of personal representatives to make 
 or control election for or against a will, 
 or between different provisions of a 
 will or statute. 11 L.R.A.(N.S.) 379. 
 
 Right of executor or administrator of wid- 
 ow to elect between dower and provi- 
 sions in her husband's will where she 
 died before the expiration of the time 
 limited for election. 2 L.R.A. (N.S.) 
 959. 
 
 b. Duties. 
 
 19. Generally. 
 
 Duty of executor with power of sale as to 
 land held adversely. 35 L.R.A. (N.S.) 
 749. 
 
 Duty of executor to inform legatee of terms 
 of legacy. 6 B. R. C. 104. 
 
 c. Liabilities. 
 
 or held invalid. 21 L.R.A. 147- 
 L.R.A.(N.S.) 634. 
 
 1. In general. 
 
 20. Generally. 
 
 Effect of negligence on, see NEGLIGENCE, 4. 
 
 688. 
 
 43 
 
 16. Validity of acts done under let- 
 ters afterwards revoked or held 
 invalid. 
 
 Validity of act done by an executor or ad- ^ J1TOU Wi ^"KCUCC uu, ce , 
 ministrator under letters testamentary T . ., 
 
 or of administration afterward revoked j Liabllltv of infants as. 57 L.R.A. 
 
 _ _ . Expression of opinion by, as a fraud. 35 
 
 L.R.A. 421. 
 
 Effect of the qualifying words "as executor" 
 and "as administrator." 15 L.R.A. 
 850. 
 
 Personal liability on contract to which 
 words indicating representative capac- 
 ity are added to signature. 42 L.R.A. 
 (N.S.) 56. 
 
 Effect of appointment of debtor as executor 
 or administrator to discharge debt or 
 charge personal representative and his 
 sureties. 26 L.R.A. (N.S.) 411. 
 Personal liability of representative who 
 waives or tolls statute of limitations or 
 nonclaim as to an indebtedness of the 
 estate. L.R.A.1915B, 1051. 
 
 8 17. Power to sell property of estate. 
 
 Right of executor or administrator to em- 
 ploy broker or auctioneer. 64 L.R.A 
 556. 
 
 Implied power of executor or trustee to 
 sell real property. 32 L.R.A. 
 (N.S.) 676. 
 
 Duty of executor with power of sale, as 
 to land held adversely. 35 L.R A 
 (N.S.) 749. 
 
 May executor or administrator of grantee 
 named exercise power of sale. 50 
 L.R.A.(N.S.) 621. 
 
 Begin with this ftoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 541 
 
 EXECUTORS AND ADMINISTRATORS, 
 III. c, 1 cont'd 
 
 Manner of raising question to charge exec- 
 utor or administrator personally, of 
 collusion in establishing claim against 
 estate. L.R.A.1915C, 737. 
 
 20a. Liability of administrator de 
 boiiis non. 
 
 Liability for debts contracted while carry- 
 on business under testamentary 
 power. 40 L.R.A.(N.S.) 216. 
 
 21. In what capacity may be sued 
 for personal tort. 
 
 Generally. 51 L.R.A. 261. 
 
 Fraud or misrepresentation in sale of prop- 
 erty of estate. 51 L.R.A. 262. 
 
 Torts in care or management of property of 
 estate. 51 L.R.A. 263. 
 
 Actions arising from conversion. 51 L.R.A. 
 263. 
 
 Malicious prosecution; abuse of process. 51 
 L.R.A. 266. 
 
 Replevin, detinue, etc. 51 L.R.A. 266. 
 
 2. For what liable. 
 
 22. Generally. 
 
 On bond, see infra, 27. 
 
 Personal liability for succession tax. 
 L.R.A.1915C, 615. 
 
 Personal liability of executor, administrator 
 or trustee on covenant in deed executed 
 by him. 43 L.R.A. (N.S.) 377. 
 
 For costs. 14 L.R.A. 696. 
 
 For funeral expenses. 33 L.R.A. 663; 52 
 L.R.A.(N.S.) 1152. 
 
 For torts or negligence of servants. 63 
 L.R.A. 227. 
 
 For losses to estate from investments. 44 
 L.R.A. (N.S.) 873. 
 
 For rents of intestate's property. 40 L.R.A. 
 344. 
 
 Liability to estate, of representative com- 
 promising or releasing claims due es- 
 tate. 14 L.R.A. 416. 
 
 Liability of personal representative of heir 
 or devisee for debts of the latter's 
 ancestor. 39 L.R.A. (N.S.) 690. 
 
 Contingent liability of executors and ad- 
 ministrators for misconduct as affect- 
 ing time for presentation of claim 
 against his estate. 58 L.R.A. 86. 
 
 Liability of personal representatives of dev- 
 isete for amount charged on devise. 
 30 L.R.A. (N.S.) 818. 
 
 Personal liability of executor or adminis- 
 trator on corporate stock belonging to 
 estate or trust standing in his name. 
 30 L.R.A. (N.S.) 1092. 
 
 Liability of executor or adminstrator for 
 personal injury resulting from negli- 
 gence in care or management of prop- 
 erty of estate. 38 L.R.A. (N.S.) 379. 
 
 Executor or administrator of lessee as an 
 assignee of the lease liable for rent. 
 5-2 L.R.A. (N.S.) 987. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EXECUTORS AND ADMINISTRATORS, 
 
 III. c, 2 cont'd 
 22a. While carrying on business in 
 
 behalf of estate. 
 
 When done under testamentary power. 40 
 L.R.A.(N.S.) 211. 
 
 Liability of administrator c. t. a. or d. b. n. 
 for debts contracted while carrying on 
 business under testamentary power. 
 40 L.R.A. (N.S.) 216. 
 
 Estoppel of beneficiaries of estate to charge 
 personal representative with losses sus- 
 tained in carrying on business. 40 
 L.R.A.(N.S.) 234. 
 
 23. Deposits in bank. 
 
 Liability of executor or administrator for 
 loss of bank deposit. 14 L.R.A. 103; 7 
 L.R.A.(N.S.) 617; 45 L.R.A. (N.S.) 1. 
 
 Liability of representative of deceased 
 depositor of money in trust for third 
 person. 32 L.R.A. 375. 
 
 24. For interest. 
 
 See INTEREST, 12, 13. 
 
 25. For default of coexeciitor. 
 
 Liability of coexecutor for default of one 
 permitted to manage estate. 11 
 L.R.A.(N.S.) 296. 
 Exception as to duties imposed by law. 
 
 11 L.R.A. (N.S.) 327. 
 
 Liability of executor not participating in 
 management of business for debts con- 
 tracted by coexecutor in carrying on 
 business in behalf of estate. 40 L.R.A. 
 (N.S.) 215. 
 
 3. Liability on bond. 
 
 26. Generally. 
 
 Effect of unauthorized provisions in bond. 
 L.R.A.1917B, 990. 
 
 Liability of sureties on general bond of ad- 
 ministrator as affected by a special 
 bond. 43 L.R.A.(N.S.) 308. 
 
 Right to sue executor or administrator, on 
 his bond, in a state other than that of 
 his appointment. 35 L.R.A.(N.S.) 334. 
 
 Remedy of pretermitted heirs by action on 
 executor's bond. 37 L.R.A. (N.S.) 1147. 
 
 Penalty as limit of liability on bond. 55 
 L.R.A. 392. 
 
 Decree directing transfer of fund by execu- 
 tor or administrator to himself in an- 
 other fiduciary capacity as affecting 
 liability of his sureties. 40 L.R.A. 
 (N.S.) 1136. 
 
 Effect on surety of judgment against prin- 
 cipal. 52 L.R.A. 187; 40 L.R.A. (N.S.) 
 408; L.R.A.1918E, 816. 
 
 Validity of sale to surety on executor's 
 bond. 4 L.R.A.(N.S.) 820. 
 
 27. For what liable. 
 
 Liability of administrator and his sureties 
 for debt owing by the former to the 
 estate of his intestate where adminis- 
 trator is hopelessly insolvent. 61 L.R.A. 
 313.
 
 542 
 
 INDEX TO L.R.A. NOTES. 
 
 EXECUTORS AND ADMINISTRATORS, 
 
 III. c, 3 cont'd 
 Liability of surety on bond of executor or 
 
 administrator for debt contracted in 
 
 interest of estate. 22 L.R.A.(N.S.) 
 
 1094. 
 Liability on bond for default of coexecutor 
 
 permitted to manage estate. 11 L.R.A. 
 
 (N.S.) 306. 
 
 d. Claims due estate. 
 
 28. Generally. 
 
 Payment to administrator as discharge of 
 debt when will is subsequently discov- 
 ered and probated. 17 LJR.A. ( N.S. ) 
 878. 
 
 29. Compromise or release of. 
 
 Compromise or release by personal repre- 
 sentatives of claims due estate. 14 
 L.R.A. 414. 
 
 Distinction between executors and adminis- 
 trators. 14 L.R.A. 414. 
 
 Effect of statutory provisions. 14 L.R.A. 
 414. 
 
 Binding effect of release or compromise. 14 
 L.R.A. 415. 
 
 Liability of representative to estate. 14 
 L.R.A. 416. 
 
 Controversies relating to real estate. 14 
 L.R.A. 417. 
 
 Suits for damages for causing death. 14 
 L.R.A. 417. 
 
 Binding effect upon administrator of set- 
 tlement by sole "heir or distributee of 
 claim belonging to estate. 11 L.R.A. 
 (N.S.) 148. 
 
 Compromise by personal representative of 
 action for death as affecting right of 
 action therefor by representatives ap- 
 pointed in another state. L.R.A.1918D, 
 670. 
 
 e. Assets. 
 
 29a. Generally. 
 
 What assets will give jurisdiction to ap- 
 point executor, see supra, 4. 
 
 Right of action for causing decedent's death, 
 see DEATH, II. 
 
 Payment of money deposited with bank to 
 credit of more than one executor. 
 L.R.A.1915D, 923. 
 
 Liability to estate of bank which receives 
 deposit from one assuming without au- 
 thority to act as executor or adminis- 
 trator. L.R.A.1915E, 309. 
 
 Right of executor or administrator to avoid 
 conveyance or transfer by decedent in 
 fraud of creditors. 50 L.R.A. (N.S.) 
 320. 
 
 30. What are assets. 
 
 Under testamentary trust for payment of 
 
 debts. 5 L.R.A.(N.S.) 358. 
 Liquor license as asset. 4 L.R.A. (NS) 
 
 626. 
 Begin with this book on every law question. 
 
 EXECUTORS AND ADMINISTRATORS, 
 III. e cont'd 
 
 Debt as asset on appointment of debtor as 
 executor or administrator. 26 L.R.A. 
 (N.S.) 413. 
 
 Administration based on right of action for 
 negligent killing of a person as an as- 
 set. 1 L.R.A. (N.S.) 885. 
 
 Right of personal representatives to com- 
 pensation that was being paid to de- 
 pendents or employees under Work- 
 men's Compensation Acts. L.R.A.1917D, 
 166; L.R.A.1918F, 563. 
 
 Heating apparatus as part of realty, where 
 rights of heir or devisee are involved. 
 1 B. R. C. 982. 
 
 Right of children as against executor or ad- 
 ministrator in homestead of deceased 
 parent. 56 L.R.A. 63. 
 
 Is surplus realized on foreclosure sale of 
 real estate after mortgagor's death to 
 be deemed real or personal property. 
 19 L.R.A.(.N.S.) 723. 
 
 Is purchase of standing timber to be re- 
 moved within a specified time, a pur- 
 chase of realty or of personalty. 13 
 L.R.A.(N.S.) 278. 
 
 Right of estate of one entitled by will or 
 statute to an allowance for support and 
 maintenance to accumulations undrawn 
 and unexpended at the time of her 
 death. 9 L.R.A.(N.S.) 997. 
 
 Validity of provision that money shall be 
 payable to obligee only and not to his 
 estate. 17 L.R.A. (N.S.) 1239. 
 
 Property covered by power of appointment 
 as assets of donee's estate. L.R.A. 
 1918D, 346. 
 
 31. Right to assets. 
 
 vVhen personal representative not entitled to 
 possession of personal assets of estate. 
 3 L.R.A.(N.S.) 704. 
 
 Widow's right to proceeds of insurance on 
 deceased husband's life payable to him- 
 self or his executors or administra- 
 tors. 35 L.R.A. (N.S.) 964. 
 
 Right of beneficiary as against estate of 
 insured to proceeds of endowment in- 
 surance. 52 L.R.A. (N.S.) 689. 
 
 32. What assets pass to administra- 
 tor de bonis non. 
 
 Generally. 40 L.R.A. 33. 
 
 The rule in the different states. 40 L.R.A. 
 
 33. 
 Summary. 40 L.R.A. 71. 
 
 IV. Indebtedness; distribution; ac- 
 counting and settlement; allow- 
 ances. 
 
 a. Debts and obligations of estate. 
 
 33. Generally. 
 
 Sale of property of estate to pay debts, see 
 
 infra, 59. 
 
 Conflict of laws as to claims against es- 
 tate, see CONFLICT OF LAWS, 34.
 
 INDEX TO L.R.A. NOTES. 
 
 EXECUTORS AND ADMINISTRATORS, 
 IV. a cont'd 
 
 Liability of heirs for obligations of an- 
 cestor, see DES.CEXT AND DISTRIBU- 
 TION, 12. 
 
 Manner of raising question to charge exec- 
 utor or administrator personally, of 
 collusion in establishing claim against 
 estate. L.R.A.1915C, 737. 
 
 Position of creditor as against adminis- 
 trator on sale of expectancy by pro- 
 spective heir. 33 L.R.A. 276. 
 
 Liability of estate of deceased servant for 
 unearned portion of prepaid remunera- 
 tion. 21 L.R.A.(N.S.) 929. 
 
 Right of devisee or heir to completion of 
 improvements at the expense of the 
 estate. 36 L.R.A. (N.S.) 303. 
 
 Is an administrator or executor in such 
 privity with a legatee, distributee, or 
 creditor that he may assert a person- 
 al defense of the latter to a claim 
 against the .estate. 8 L.R.A. (N.S.) 
 212. 
 
 Claim against decedent's estate as remedy 
 for breach of agreement to assume debts 
 on dissolution of partnership. 9 L.R.A. 
 (N.S.) 114. 
 
 Power of Federal court to enforce its own 
 judgment against a decedent's estate. 
 12 L.R.A.(N.S.) 154. 
 
 Remedy for enforcement against decedent's 
 estate of alimony which had accrued 
 prior to his death. 18 L.R.A.(N.S.) 
 257. 
 
 Liability of estate of alleged pauper to pay 
 for support or gifts obtained on ground 
 of poverty. 55 L.R.A. 570. 
 
 Power of state to make estate of person 
 committed to insane asylum or his rel- 
 atives liable for cost of his mainte- 
 nance therein. 24 L.R.A. (N.S.) 295. 
 
 Equitable rights of creditors where person- 
 al representative carries on business. 
 40 L.R.A.(N.S.) 233. 
 
 Right of creditors to subrogation to per- 
 sonal representative's right of indem- 
 nity from estate for debts contracted 
 in carrying on business. 40 L.R.A. 
 (N.S.) 233. 
 
 Right to recover against estate of incompe- 
 tent for legal services in attempting to 
 secure his freedom or in resisting lunacy 
 proceedings. 45 L.R.A. (N.S.) 67. 
 
 Liability for libel in will. 49 L.R.A. (N.S.) 
 897. 
 
 Mechanics' lien for material or labor fur- 
 nished under contract with executor or 
 administrator. 52 L.R.A. (N.S.) 870. 
 
 34. Liability of estate to attorney em- 
 ployed by personal representative. 
 
 Doctrine that personal representative can- 
 not bind estate. 25 L.R.A. (N.S.) 
 72. 
 
 Doctrine that probate court may make al- 
 lowance directly to attorney. 25 L.R.A. 
 (N.S.) 75. 
 Doctrine that personal representative may 
 
 bind estate. 25 L.R.A. (N.S.) 75. 
 Consult (tlxa L.lt.A. Digests of Cases. 
 
 EXECUTORS AND ADMINISTRATORS, 
 
 IV. a cont'd 
 
 34a. Liability of estate for debts 
 contracted and expenses incurred 
 by personal representative in carry- 
 ing on business. 
 
 When business carried on under testamen- 
 tary powet or that in articles of 
 partnership. 40 L.R.A. (N.S.) 224. 
 When personal representative or guardian 
 not empowered to carry on busi- 
 ness. 40 L.R.A. (N.S.) 227. 
 When business carried on under statute. 
 
 40 L.R.A.(N.S.) 228. 
 When business carried on under order of 
 
 court. 40 L.R.A. (N.S.) 229. 
 When business carried on bv guardian. 40 
 
 L.R.A.(N.S.) 229. 
 
 Allowance of expenses of business as costs 
 of administration. 40 L.R.A. (N.S.) 
 229. 
 
 35. Liability of estate for broker's 
 commissions. 
 
 When employment of broker or agent is per- 
 mitted by the will. 64 L.R.A. 554. 
 
 Statutes. 64 L.R.A. 555. 
 
 Right at common law to employ broker. 64 
 L.R.A. 556. 
 
 Right at common law to employ auctioneer. 
 64 L.R.A. 557. 
 
 36. Liability for funeral expenses. 
 
 Ultimate liability. 33 L.R.A. 660; 52 
 
 L.R.A. (N.S.) 1153. 
 
 Primary liability as between executor or ad- 
 ministrator and the estate. 33 L.R.A. 
 
 663; 52 L.R,A.(N.S.) 1156. 
 Remedies. 33 L.R.A. 664; 52 L.R.A. (N.S.) 
 
 1156. 
 Preference. 33 L.R.A. 665; 52 L.R.A.(N.S.) 
 
 1157. 
 Liability of wife's separate estate for her 
 
 funeral expenses. 6 L.R.A.(N.S.) 917; 
 
 37 L.R.A.(N.S.) 754. 
 
 37. items and amounts. 
 
 In general. 33 L.R.A. 665; 28 L.R.A. (N.S.) 
 
 572; 52 L.R.A.(N.S.) 1158. 
 Grave clothes. 33 L.R.A. 665. 
 Mourning apparel. 33 L.R.A. 665; 28 L.R.A. 
 
 (N.S.) 572. 
 Burial lot. 33 L.R.A. 666; 28 L.R.A. (N.S.) 
 
 572. 
 Monument or tombstone. 33 L.R.A. 666 ; 
 
 28 L.R.A.(N.S.) 572; 52 L.R.A. (N.S.) 
 
 1158. 
 Amount allowable. 33 L.R.A. 668; 28 
 
 L.R.A. (N.S.) 573; 52 L.R.A. (N.S.) 
 
 1158. 
 Miscellaneous. 33 L.R.A. 667; 28 L.R.A. 
 
 (N.S.) 574; 52 L.R.A. (N.S.) 1158. 
 Insolvent estates. 33 L.R.A. 669; 28 L.R.A. 
 
 (N.S.) 575. 
 
 38. Set-off of claim against estate. 
 
 Set-off in bankruptcy cases. 55 L.R.A. 46, 
 
 52. 
 Right to set off. against insolvent estate, 
 
 claims purchased after decedent's 
 
 death. 21 L.R.A. 282.
 
 ;. i i 
 
 INDEX TO L.R.A. NOTES. 
 
 EXECUTORS AND ADMINISTRATORS, 
 IV. a cont'd 
 
 of bank to set off uninatured claim 
 against deposit of deceased debtor. 27 
 I .'.!;. A. ( N.S.) 812. 
 Set-off as between debt due from decedent 
 and claim arising after decedent's 
 death, out of transaction with 
 executor or administrator. L.R.A. 
 1915A, 299. 
 
 39. Presentation of claims. 
 
 Presentation of claims in ancillary proceed- 
 ings, see infra, 60. 
 
 Effect of failure to present claim against 
 estate of deceased principal to release 
 surety. 25 L.R.A.(N.S.) 139. 
 
 40. time for. 
 
 Running of limitations in case of claims 
 against decedent's estates generally, see 
 LIMITATION OF ACTIONS, 44, 58. 
 
 Waiver or tolling of statute of nonclaims 
 
 by personal representative. L.R.A. 
 
 1915B, 1042. 
 Right of ward to file claim against estate 
 
 of guardian after termination of guard- 
 
 ianship, but before settlement of ac- 
 
 count. 26 L.R.A. (N.S.) 793. 
 Effect on running of limitations of appoint- 
 
 ment of temporary administrator. 38 
 
 L.R.A.(N.S.) 824. 
 Do proceedings for sale of decedent's real 
 
 property fall within "omnibus" provi- 
 
 son of statute of 
 L.R.A.(N.S.) 1304. 
 
 limitations. 25 
 
 Statute of nonclaim as equivalent of limi- 
 tation within rule that running of the 
 latter against debt secured will bar 
 remedy on the mortgage. 31 L.R.A. 
 (N.S.) 1013. 
 
 Is statute of limitations suspended during 
 period allowed administrator to bring 
 action. 13 L.R.A. (N.S.) 1200. 
 
 When limitations begin to run in action 
 against representatives of deceased 
 stockholder in insolvent corporations 
 for unpaid stock subscription. 1 L.R.A. 
 (N.S.) 913. 
 
 Effect of failure to present claim within 
 the time allowed by the administra- 
 tion statute of the domicil as a bar to 
 its allowance in the state of the an- 
 cillary administration, or vice versa. 
 19 L.R.A.(N.S.) 553. 
 
 Claim barred by failure to file it in ad- 
 ministration proceedings within pre- 
 scribed time as consideration for note 
 of third person. L.R.A.1917C, 844. 
 
 41. contingency of claim as affect- 
 ing time. 
 
 Generally. 58 L.R.A. 82. 
 
 Statutory construction. 58 L.R.A. 82. 
 
 Nature of contingency in general. 58 L.R.A. 
 
 83. 
 
 Liability of stockholders. 58 L.R.A. 85. 
 Liability of executors, administrators, and 
 
 guardians for misconduct. 58 L.R.A. 
 
 86. 
 
 K. \KCUTORS AND ADMINISTRATORS, 
 
 IV. a cont'd 
 Liability of sureties and guarantors. 58 
 
 " L.R.A. 86. 
 
 Liability of indorsers. 58 L.R.A. 87. 
 Reimbursement of sureties and indorsers. 
 
 5S L.R.A. 87. 
 
 Contribution. 58 L.R.A. 88. 
 Liability vinder contracts of indemnity. 58 
 
 L.R.A. 88. 
 Liability for breach of warranty. 58 L.R.A. 
 
 88. 
 Liability of grantee assuming mortgage. 
 
 58 L.R.A. 89. 
 
 Liability of partner. 58 L.R.A. 89. 
 Miscellaneous claims. 58 L.R.A. 89. 
 
 42. Effect of retention of account by 
 personal representative. 
 
 Retention of account by executor or ad- 
 ministrator as rendering it an account 
 stated. 29 L.R.A.(N.S.) 340. 
 
 43. Remedies with rtespect to claims. 
 
 Rights of creditors to rents of intestate's 
 property. 40 L.R.A. 345. 
 
 Effect of foreign judgments against execu- 
 tor or administrator. 27 L.R.A. 101. 
 
 Injunction as to claims in foreign jurisdic- 
 tion. 21 L.R.A. 73. 
 
 Injunction in favor of, or against, executor 
 or administrator to prevent execution 
 sales. 30 L.R.A. 120. 
 
 Injunction against judgment enterod against 
 executors or administrators on confes- 
 sion. 30 L.R.A. 241. 
 
 Right of executor or administrator to have 
 judgment against decedent set aside. 
 54 L.R.A. 761. 
 
 Statutory exemptions of proceeds or avails 
 of life insurance as inuring to benefit 
 of estate where policy is payable to 
 executors or administrators, or estate. 
 L.R.A.1917F, 1143. 
 
 44. garnishment. 
 
 See GARNISHMENT, 7. 
 
 45. Payment of. 
 
 Effect of payment by stranger or volunteer 
 to give claim against estate. 23 L.R.A 
 129. 
 
 Commercial paper given by representative 
 
 as payment of debt. 
 63. 
 
 35 L.R.A. (N.S.) 
 
 Begin with this booTc on every law question. 
 
 Order of abatement to pay debts, as be- 
 tween demonstrative legacies and spe- 
 cific legacies or devises. 4 L.R.A. (N.S.) 
 922. 
 
 Right of creditors of business carried on bj 
 executor to preference over creditors 
 of testator. 7 B. R. C. 518. 
 
 46. Recovery back of overpayment 
 made. 
 
 Right of executor or administrator to re- 
 cover back from creditor excessive pay- 
 ments made under the mistaken belief 
 that estate was solvent. 28 L.R.A. 
 (N.S.) 440.
 
 INDEX TO L.K.A. NOTES. 
 
 545 
 
 EXECUTORS AND ADMINISTRATORS, 
 IV. cont'd 
 
 b. Distribution of estate. 
 
 47. Generally. 
 
 As to descent and distribution generally, 
 see DESCENT AND DISTRIBUTION. 
 
 Property subject to distribution, see DE- 
 SCENT AND DlSTIUIiUTION. 9. 
 
 Liability of heirs for obligations of ances- 
 tor \ see DESCENT AND DISTRIBUTION, 
 12. 
 
 Who entitled to, see DESCENT AND DISTRI- 
 BUTION, II. 
 
 Who entitled to take under will, see WILLS, 
 69, 70. 
 
 Remedy where estate has been distributed 
 before claim accrued. L.R.A.1916A, 
 1185. 
 
 Distribution of assets to next of k'in or bene- 
 ficiary under will in jurisdiction of 
 ancillary administration. L.R.A. 191 5A, 
 431. 
 
 Time as of which valuation of decedent's 
 estate is to be taken for assignment 
 of share of surviving spouse. 3 
 B. R. C. 973. 
 
 Of estates in which persons not in being may 
 have an interest. 8 L.R.A.(N.S.) 69. 
 
 Law governing distribution of fund collect- 
 ed or recovered for negligent killing of 
 a person. 4 L.R.A.(N.S.) 814. 
 
 Controversies over estates of decedents as 
 subject of valid compromise. 25 L.R.A. 
 (N.S.) 305. 
 
 Effect of provision in will for equitable con- 
 version on wife's distributive share 
 where the will makes no provision for 
 her or she renounces such provision. 
 22 L.R.A.(N.S.) 285. 
 
 Right to probate will after distribution of 
 property as intestate. 36 L.R.A. (N.S. ) 
 89. 
 
 Voluntary distribution of chattels to life 
 tenant as inuring to benefit of remain- j 
 derman. 14 L.R.A. (N.S.) 798. 
 
 Notice of distribution in probate proceed- 
 ings as jurisdictional. 37 L.R.A. (N.S.) 
 368. 
 
 Effect of decree of distribution following a 
 testamentary disposition of property 
 void under the rule against perpetui- 
 ties or as unlawfully suspending the 
 power of alienation. 15 L.R.A. (N.S.) 
 900. 
 
 48. Payment of legacies. 
 See WILLS, 108. 
 
 49. Set-off against distributive share. 
 
 Duty of debtor to account for statute-barred 
 debt before participating in estate of 
 creditor. 4 B. R. C. 718; L.R.A.1918C, 
 619. 
 
 Indebtedness of heir or devisee to estate as 
 counterclaim or set-off against dis- 
 tributive share in proceeds of real es- 
 tate. 4 L.R.A. (N.S.) 189; L.R.A.1915A, 
 117!). 
 
 Consult alao L.R.A. IJigt-sts of Canes. 
 
 EXECUTORS AND ADMINISTRATORS. 
 IV. cont'd 
 
 Deduction of indebtedness owing to remote 
 ancestor by predeceased immediate an- 
 cestors. 47 L.R.A. (N.S.) 1026. 
 
 c. Accounting; commissions; reim- 
 bursement. 
 
 50. Generally. 
 
 Effect of discharging executor or adminis- 
 trator before inheritance tax is paid. 
 L.R.A.1917E, 1162. 
 
 Duty to account for gold or silver. 29 
 
 'L.R.A. 523. 
 
 Accounting by administrator for rents of 
 intestate's property. 40 L.R.A. 344. 
 
 Right of administrator de bonis non to re- 
 quire predecessor to account. 40 L.R.A. 
 73. 
 
 Right of executor or administrator or his 
 representatives to object to account of 
 coexecutor or coadministrator. 22 
 L.R.A.(N.S.) 1119. 
 
 Right of court to surcharge account of ex- 
 ecutor, administrator, guardian, or re- 
 ceiver in the absence of any objection 
 to the account, or upon an objection by 
 amicus curice. 18 L.R.A.(N.S.) 284. 
 
 Effect of accounting on personal liability 
 for losses to estate through investments. 
 44 L.R.A. (N.S.) 984. 
 
 Raising question to charge executor or ad- 
 ministrator personally, of collusion in 
 establishing claim against estate by ob- 
 jection to his account. L.R.A. 1915C, 
 737 
 
 51. Notice of accounting. 
 
 Remedy of distributee as to accounting of 
 which he had no notice and on which 
 he did not appear. 63 L.R.A. 95. 
 
 52. Commissions. 
 
 Effect of allowance of brokerage upon. 64 
 L.R.A. 555. 
 
 Right of surviving copartner acting as ex- 
 ecutor to compensation for services. 17 
 L.R.A. (N.S.) 406. 
 
 53. Reimbursement. 
 
 Allowance to executor de son tort of dis- 
 bursements or payments. L.R.A. 
 1915D, 948. 
 
 Expenditure of administrator for the pro- 
 tection of decedent's character. 16 
 L.R.A. 743. 
 Right to credit for amount paid to surety 
 
 company for bond. 48 L.R.A. 591, 
 Right of executor to allowance for attor- 
 neys' fees for services in attempt to 
 establish or resist attack upon will. 
 26 L.R.A. (N.S.) 757; L.R.A.1917A, 
 450. 
 
 d. Allowances. 
 
 54. Generally. 
 
 Succession tax on allowances. 29 L.R.A. 
 
 (N.S.) 428.
 
 546 
 
 INDEX TO L.R.A. NOTES. 
 
 EXECUTORS AND ADMINISTRATORS, 
 
 IV. d cont'd 
 55. Widow's allowance. 
 
 Waiver of right to widow's allowance by 
 antenuptial agreement. 25 L.R.A. 
 (N.S.) 751. 
 
 Widow's right to year's support or allow- 
 ance out of fund recovered for the neg- 
 ligent killing of husband. 42 L.R.A. 
 (N.S.) 7.25. 
 
 Widow's right to year's support or allow- 
 ance out of insurance money. 46 L.R.A. 
 (N.S.) 788. 
 
 55a. effect of iionresidence. 
 
 Right of nonresident widow to statutory al- 
 lowance. 21 L.R.A. 241. 
 
 Widow's right to exemption or allowance 
 for support out of personal assets of 
 estate of deceased husband, who was a 
 nonresident. 11 L.R.A. (N.S.) 361. 
 
 V. Suits affecting estate. 
 
 56. Generally. 
 
 Costs and fees of suit, see COSTS AND FEES, 
 
 3. 
 Probate of will, see WILLS, 47-56. 
 
 Pendency of proceedings in both state and 
 Federal courts. 42 L.R.A. 460. 
 
 Removal of actions relating to decedents' 
 estates because of separable controver- 
 sy. 5 L.R.A. (N.S.) 81. 
 
 Conflict of laws as to limitations of ac- 
 tions affecting decedent's estate. 48 
 L.R.A. 634. 
 
 Admissions and waivers by executor or ad- 
 ministrator in actions. 32 L.R.A. 687. 
 
 57. On behalf of estate. 
 
 By foreign or ancillary representative, see 
 
 infra, 61. 
 Survival of action in favor of decedent, see 
 
 ABATEMENT AND REVIVAL, 2, 3. 
 Right of personal representative to sue for 
 
 causing death of decedent, see DEATH, 
 
 10. 
 Compromise of right of action for death of 
 
 decedent, see DEATH, 14. 
 Limitation of actions, see LIMITATION OF 
 
 ACTIONS, 44, 58. 
 
 Executor or administrator as real party in 
 interest by whom action must be 
 brought. 64 L.R.A. 611. 
 
 Who may sue or take other proceedings to 
 set aside judgment affecting decedent's 
 estate. 54 L.R.A. 761. 
 
 Right to sue for injury from damnnng back 
 water of stream. 59 L.R.A. 903. 
 
 Ejectment by executor or administrator 
 18 L.R.A. 789. 
 
 Is an administrator or executor in such 
 privity with a legatee, distributee, or 
 creditor, that he may assert a personal 
 defense of the latter to a claim against 
 the estate. 8 L.R.A. (N.S.) 212. 
 
 Right of next of kin to maintain action in 
 interest of estate. 22 L.R.A. (N.S.) 
 454. 
 
 EXECUTORS AND ADMINISTRATORS, 
 V. cont'd 
 
 Contributory negligence of parent as bar to 
 action by administrator for death of 
 child non sui juris. 18 L.R.A. (N.S.) 
 328. 
 
 Recovery by administrator in action for 
 benefit of estate of probable accumula- 
 tions of deceased as damages for his 
 death. 15 L.R.A.(N.S.) 451. 
 
 Injunction to prevent execution sales. 30 
 L.R.A. 120. 
 
 Right of executor or administrator to ap- 
 peal as party aggrieved. 13 L.R.A. 745. 
 
 Right to accept favorable part of decree 
 of distribution and appeal from the 
 rest. 29 L.R.A. (N.S.) 13. 
 
 Action for mutilation of corpse. L.R.A. 
 1915B, 521. 
 
 Waiver by legal representatives or heirs of 
 privilege as to communications between 
 physician and patient. 48 L.R.A. (N.S.) 
 420. 
 
 58. Suits against. 
 
 Against foreign or ancillary representative, 
 see infra, 61. 
 
 Survival of action against decedent, see 
 ABATEMENT AND REVIVAL, 2, 3. 
 
 Representative's right to interplead claim- 
 ants, see INTERPLEADER, 2. 
 
 Garnishment of executor or administrator, 
 see supra, 44. 
 
 Waiver or tolling of statute of limitations 
 by personal representative, see LIMI- 
 TATION OF ACTIONS, 62a. 
 
 Remedy of distributee who had no notice of 
 accounting and did not appear there- 
 on, by proceeding against executor or 
 administrator. 63 L.R.A. 101. 
 
 Foreign judgment against executor or ad- 
 ministrator. 27 L.R.A. 101. 
 
 Injunction against suit against estate in 
 other jurisdiction. 21 L.R.A. 73. 
 
 Injunction against judgment entered 
 against personal representatives on 
 confession. 30 L.R.A. 241. 
 
 Injunction to prevent execution sales. 30 
 L.R.A. 120. 
 
 Necessity of exhausting remedy at law 
 against deceased debtor as condition 
 precedent to creditor's bill. 23 L.R.A. 
 (N.S.) 92-96,, 111, 112. 
 
 Right of widow to recover from estate the 
 value of her dower interest in land 
 conveyed by her husband during his 
 lifetime. 8 L.R.A. (N.S.) 1101. 
 
 Right of surety of personal representative 
 to intervene in action against princi- 
 pal or vice versa. 68 L.R.A. 744. 
 
 Right of representative of decedent's estate 
 to interplead claimants. 37 L.R.A. 
 (N.S.) 986. 
 
 Necessity of consistency in complaint with 
 respect to fepresentative or individual 
 capacity of party. 1 L.R.A. (N.S.) 161. 
 
 VI. Sale of property of estate. 
 
 59. Generally. 
 
 Power of representative to make sale, see 
 
 supra, 17. 
 Begin with this ftoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 547 
 
 EXECUTORS AND ADMINISTRATORS, 
 VI. cont'd 
 
 Constitutionality of private act authorizing 
 sale of decedent's estates. 16 L.R.A. 
 254. 
 
 Validity of sale to surety on executor's 
 bond. 4 L.R.A.(N.S.) 820. 
 
 Injunction against judgments on sales of 
 real property by. 31 L.R.A. 754. 
 
 Right of one claiming through heir or devi- 
 see to protection against unrecorded 
 conveyance by ancestor or his personal 
 representative. 34 L.R.A. (N.S.) 328. 
 
 Executing power of sale under will after 
 discharge. 2 L.R.A.(N.S.) 623. 
 
 Reimbursement or subrogation of purchas- 
 er on annulling sale. 69 L.R.A. 45. 
 
 Liability of purchaser from executor or ad- 
 ministrator of property charged with 
 the payment of a legacy. 30 L.R.A. 
 (N.S.) 821. 
 
 Effect of subsequent revocation of letters 
 testamentary or of administration un- 
 der which sale had. 21 L.R.A. 155; 43 
 L.R.A. (N.S.) 634. 
 
 Conveyance by administrator of cotenant 
 as basis of adverse possession against 
 others. 32 L.R.A.(N.S.) 710. 
 
 Sale by, as violation of covenant in lease 
 against assignment or sale. 14 L.R.A. 
 (N.S.) 1204. 
 
 Dower in land subject to purchase money 
 mortgage sold by executor or admin- 
 istrator after husband's death. 52 
 L.R.A. (N.S.) 550. 
 
 Estoppel of executor or administrator to 
 deny that he received the amount stat- 
 ed in his report of sale. L.R.A.1916A, 
 639. 
 
 Sale of real estate in state other than de- 
 cedent's domicil to pay debts. 
 L.R.A. 3915D, 754. 
 
 Right of executor or administrator to pur- 
 chase at his own sale. L.R.A. 1918B, 
 7. 
 
 Purchase at executor's sale by judge who 
 ordered the sale. L.R.A.1918C, 157. 
 
 VII. Foreign and ancillary adminis- 
 tration. 
 
 60. Generally. 
 
 Right of domiciliary executors and admin- 
 istrators, or their nominees, to an- 
 cillary letters. 48 L.R.A. (N.S.) 
 858. 
 
 Effect of probate of will in another state. 
 48 L.R.A. 130. 
 
 Appointment of receiver to preserve status 
 quo pending administration proceed- 
 ings in another tribunal. 38 L.R.A. 
 (N.S.) 231. 
 
 Effect of failure ,to present claim within 
 time allowed by administration statute 
 of domicil as bar to its allowance in 
 state of ancillary administration or 
 vice versa. 19 L.R.A.(N.S.) 553. 
 
 Ancillary probate at testator's domicil after 
 probate in other jurisdiction. 1 L.R.A. 
 (N.S.) 996. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EXECUTORS AND ADMINISTRATORS, 
 VII. cont'd 
 
 Rights of foreign creditors under ancillary 
 administration. L.R.A.1915F, 1041. 
 
 Sale of real estate in state other than de- 
 cedent's domicil to pay debts. L.R.A. 
 1915D, 754. 
 
 Distribution of assets to next of kin or bene- 
 ficiary under will in jurisdiction of an- 
 cillary administration. L.R.A.1915A, 
 431. 
 
 Effect of qualification of personal repre- 
 sentatives within state, other than the 
 domicil of the deceased, to give court 
 jurisdiction as to assets in another 
 state. L.R.A.1918E, 718. 
 
 61. Suits by or against. 
 
 Right of domiciliary administrator to sue 
 on judgment in another state. 39 
 L.R.A.(N.S.) 430. 
 
 Right of foreign representative to maintain 
 action for death of decedent under stat- 
 ute of another state which provides 
 that the action shall be brought by 
 the personal representative. 18 L.R.A. 
 (N.S.) 1252; L.R.A.1917A, 37. 
 
 Settlement or compromise by personal rep- 
 resentatives of cause of action for death 
 as affecting right of action therefor by 
 representative appointed in another 
 state. L.R.A.1918D, 670. 
 
 Injunction as to claims in foreign jurisdic- 
 tion. 21 L.R.A. 73. 
 
 Injunction in favor of or against, to pre- 
 vent execution sales. 30 L.R.A. 121. 
 
 Right to revive suit and continue same 
 against foreign representative of de- 
 ceased defendant over whom jurisdic- 
 tion was obtained in his lifetime. 15 
 L.R.A.(N.S.) 632. 
 
 Effect of ancillary appointment after com- 
 mencement of action by foreign execu- 
 tor or administrator. 4 L.R.A. (N.S.) 
 657. 
 
 Effect of foreign judgments against execu- 
 tor or administrator. 27 L.R.A. 101. 
 
 EXECUTORY DEVISE. 
 
 In general, see WILLS, 94. 
 Levy on. 23 L.R.A. 643. 
 
 EXECUTORY JUDGMENT. 
 
 Effect of subsequent statute on. L.R.A 
 1918D, 253. 
 
 EXECUTORY TRUSTS. 
 
 Under rule in Shelley's Case, see DEEDS, 
 30; WILLS, 82. 
 
 EXEMPLARY DAMAGES. 
 
 See DAMAGES, 13-19.
 
 548 
 
 INDEX TO L.R.A. NOTES. 
 
 EXEMPTION. 
 
 /. In general, 1. 
 
 II. Of property from claims of credi- 
 tors, 2-10. 
 
 a. In general, 2, 3. 
 
 b. What property and rights 
 
 are exempt, 4-8. 
 
 c. Who may claim, 9, 1O. 
 
 I. In general. 
 
 1. Generally. 
 
 From jury duty, see JURY, 10. 
 
 From assessments, see PUBLIC IMPROVE- 
 MENTS, IV. 
 
 From taxation, see TAXES, 14-39, 95- 
 100. 
 
 From service of process, see WRIT AND PROC- 
 ESS, 30-37. 
 
 Under Selective Service Act of May 18, 
 1917. L.R.A.1918E, 1020. 
 
 Contract exemptions from power of legisla- 
 ture to fix tolls, rates, and prices. 33 
 L.R.A. 186. 
 
 Statutory exemption of municipal corpora- 
 tions from liability for defects or ob- 
 struction in street. 20 L.R.A. (N.S.) 
 526. 
 
 Of grand juror. 28 L.R.A. 199. 
 
 Right conferred by statutory exemption of 
 firemen from jurv or militia duty. 8 
 L.R.A.(N.S.) 498" 
 
 From payment of compulsory pilotage fees. 
 39 L.R.A. 179. 
 
 II. Of property from claims of credi- 
 tors. 
 
 a. In general. 
 
 2. Generally. 
 
 In bankruptcy, see BANKRUPTCY. 
 
 Conflict of laws as to exemption matters, 
 see CONFLICT OF LAWS, 41, 44. 
 
 Impairment of obligation of contracts as 
 to, see CONSTITUTIONAL LAW, 31. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 90. 
 
 Homestead exemption, see HOMESTEAD. 
 
 Validity of, against claim for rent, see 
 LANDLORD AND TENANT, 85. 
 
 Right of one who purchases property and 
 agrees to assume the debts of the ven- 
 dor to claim exemption as to property 
 purchased. L.R.A.1918D, 885. 
 
 Amount of wages exempt upon successive 
 garnishments. L.R.A. 1917D, 899. 
 
 Self-executing effect of constitutional ex- 
 emption. 16 L.R.A. 284. 
 
 Law governing validity of exemptions in 
 foreign assignment for creditors. 65 
 L.R.A. 362. 
 
 Law governing exemption of wages from 
 garnishment. 67 L.R.A. 222. 
 
 Evasion by garnishment in other state. 19 
 L.R.A. 577. 
 
 Liability for evasion of exemption laws of 
 domicil by action in other state. 36 
 L.R.A. 582. 
 
 Begin with this book on every laiv question. 
 
 EXEMPTION, II. a cont'd 
 
 Debtor's right of action against his creditor 
 for collecting debt in another jurisdic- 
 tion in evasion of exemption laws of 
 their domicil. 47 L.R.A. (N.S.) 689. 
 
 Action for loss of exemption by garnish- 
 ment in another state. 19 L.R.A. 580; 
 36 L.R.A. 582. 
 
 Application to existing judgments of stat- 
 ute abolishing or diminishing exemp- 
 tions. 25 L.R.A. (N.S.) 18!). 
 
 Right to set off one judgment against an- 
 other which is exempt or is based on a 
 wrongful taking of exempt property. 
 16 L.R.A. (N.S.) 494. 
 
 Judgment on antecedent debt as lien on 
 property to which exemption law has 
 attached in meantime. 37 L.R.A. 
 (N.S.) 156. 
 
 Effect in state where debt is garnished of 
 statutory exemption at domicil of prin- 
 cipal defendant. 19 L.R.A. 578. 
 
 Recovery of judgment for exempt claim 
 pending garnishment proceedings in an- 
 other state. 35 L.R.A. (N.S.) 1154. 
 
 Duty of garnisliee to set up exemption of 
 principal debtor. 19 L.R.A. 580. 
 
 Set-off and counterclaim against exempt 
 claim. 42 L.R.A.(N.S.) 575. 
 
 Effect of discharge in bankruptcy on liens 
 on exempt property. 42 L.R.A. (N.S.) 
 296. 
 
 Federal courts following state decisions as 
 to debtor's exemptions. 40 L.R.A. 
 (N.S.) 437. 
 
 Applicability of bulk sales law to exempt 
 property. 45 L.R.A. (N.S.) 497. 
 
 Marshalling assets for benefit of mortgagor 
 where mortgage covers both exempt 
 and nonexempt property. 47 L.R.A. 
 (N.S.) 303. 
 
 Enforcement of claim for alimony against 
 exemptions. 50 L.R.A. (N.S.) 697. 
 
 2 a. Selection of exempt property. 
 
 Selection in general. L.R.A.1915D, 381. 
 Necessity of tendering other property. 
 
 L.R.A.1915D, 394. 
 
 Time for selection. L.R.A. 1915D, 395. 
 As against fines and penalties. L.R.A. 
 1915A, 1214. 
 
 3. Protection of exemption. 
 
 Enforcing exemption laws of other state. 
 1 L.R.A.(N.S.) 19.3. 
 
 Injunction to protect in case of execution 
 sale. 30 L.R.A. 9. 
 
 Injunction against repeated garnishment of 
 exempt wages. 10 L.R.A. (N.S.) 983. 
 
 Jurisdiction of courts to enjoin execution 
 sales in protection of. 30 L.R.A. 132. 
 
 Amount in dispute in case of injunction 
 against sale of exempt property. 61 
 L.R.A. 781. 
 
 Creditor's right to have satisfaction of judg- 
 ment canceled where the property levied 
 on, or its proceeds, is returned to the 
 debtor as exempt, or to a third person 
 who establishes a claim thereto. 11 
 L.R.A. (N.S.) 396.
 
 INDEX TO L.R.A. NOTES. 
 
 549 
 
 EXEMPTION, II. a cont'd 
 Injunction against suit in another state to 
 evade local exemption laws. 15 L.K.A. 
 (X.S.) 1008. 
 
 A debtor's right of action against his cred- 
 itor for collecting debt in another 
 jurisdiction in evasion of exemp- 
 tion laws of their domicil. 47 
 L.R.A. (N.S.) 689. 
 
 Assault in resisting seizure of property 
 under process. L.R.A.1910B, 957. 
 
 b. What property and rights are 
 exempt. 
 
 4. Generally. 
 
 Property subject to garnishment, see GAR- 
 NISHMENT, 10-lla. 
 
 Property subject to attachment or execu- 
 tion, see LEVY AND SEIZURE, 2-7. 
 
 Homestead, see HOMESTEAD, II. 
 
 Seat on stock exchange. 27 L.R.A. (N.S.) 
 615. 
 
 Availability of exemptions against claim for 
 rent. 24 L.R.A. 812. 
 
 From husband's debts of property conveyed 
 to wife. 69 L.R.A. 366. 
 
 Liability of claim or interest in public 
 lands for debts contracted before issu- 
 nnc.o. of patent. 34 L.R.A. (N.S.) 405. 
 
 Kight of creditors in personal services of 
 debtor. 21 L.R.A. 623. 
 
 Exemption of piano from seizure under exe- 
 cution. 44 L.R.A. (N.S.) 77. 
 
 Exemption of safe from execution. 46 
 L.R.A.(N.S.) 287. 
 
 Exemption of automobile from seizure for 
 debt. 49 L.R.A. (N.S.) 691. 
 
 Cab, or other vehicle used for transporta- 
 tion of passengers for hire, as exempt 
 property. 4 B. R. C. 478. 
 
 What is included within exemption of pro- 
 visions and food. L.R.A.1916B, 788. 
 
 la. Horses. 
 
 Purpose for which horses are used as af- 
 fecting exemption under statute specif- 
 ically exempting horses. 3 L.R.A. 
 (N.S.) 693. 
 
 5. Wages; salary. 
 
 Law governing. 67 L.R.A. 222. 
 
 Of debtor's wages after pavment by em- 
 ployer. 18 L.R.A. 586." 
 
 Laborers whose earnings are exempt from 
 attachment or garnishment. 18 L.R.A. 
 309. 
 
 Exemption of teacher's salary from claims 
 of creditors. 54 L.R.A. 572. 
 
 Amount of wages exempt from successive 
 garnishments. L.R.A.1917D, 899. 
 
 5a. of officer. 
 
 Creditors' bills and supplementary proceed- 
 ings. 54 L.R.A. 566. 
 
 On the ground of public policy. 54 L.R.A. 
 568. 
 
 Statutory provisions. 54 L.R.A. 570. 
 
 School teacher's salary. 54 L.R.A. 572. 
 
 Consult also L.R.A. Digests of Cases. 
 
 EXEMPTION, II. b cont'd 
 
 Officers of municipal corporations in Ken- 
 tucky. 54 L.R.A. 573. 
 
 Right to garnish fees or salary of public 
 officer after expiration of term of office. 
 L.R.A. 1917F, 1119. 
 
 6. Insurance money. 
 
 Exemption flf proceeds of life insurance af- 
 ter loss from beneficiary's debts. 
 L.R.A.1915A, 1201. 
 
 Right of creditors in endowment or tontine 
 policies of insurance. 4 L.R.A. (N.S.) 
 456. 
 
 Are paid-up or endowment policies within 
 statutes exempting life insurance pol- 
 ices. 25 L.R.A. (N.S.) 722. 
 
 Right of creditors to reach option of in- 
 sured to receive cash surrender value. 
 16 L.R.A. (N.S.) 316. 
 
 Exempt character of proceeds of insurance. 
 19 L.R.A t 34. 
 
 Does exemption of proceeds of insurance ex- 
 tend to property purchased therewith. 
 24 L.R.A.(N.S.) 1018. 
 
 Life insurance policy exempt under state 
 laws as assets of bankrupt. 26 L.R.A. 
 (N.S.) 454; 46 L.R.A. (N.S.) 148. 
 
 Statutory exemptions of proceeds or avails 
 of life insurance as inuring to benefit of 
 estate where policy is payable to execu- 
 tors or administrators, or estate. 
 L.R.A.1917F, 1143. 
 
 7. Pension money. 
 
 Exemption of property purchased with pen- 
 sion money. 19 L.R.A. 34. 
 
 How far pension money is exempt in an- 
 other form. 19 L.R.A. 35. 
 
 8. How far proceeds of exempt 
 property retain exempt character. 
 
 As to judgments affecting exempt property. 
 19 L.R.A. 33. 
 
 As to setting off judgments affecting exempt 
 property. 19 L.R.A. 33. 
 
 As to proceeds of insurance. 19 L.R.A. 34. 
 
 As to exemption of property purchased with 
 pension money. 19 L.R.A. 34. 
 
 As to exemption of pension money when 
 in another form. 19 L.R.A. 35. 
 
 As to exemption in homestead sold for re- 
 investment. 19 L.R.A. 36. 
 
 Property obtained by exchange. 19 L.R.A. 
 38. 
 
 As to exemption of products or profits of 
 exemption. 19 L.R.A. 38. 
 
 As to exemption in case of mortgage, sale, 
 or transfer. 19 L.R.A.' 39. 
 
 Does exemption of proceeds of insurance ex- 
 tend to property purchased therewith. 
 24 L.R.A.(N.S.) 1018. 
 
 Crops grown on homestead, or proceeds 
 thereof, as exempt. 32 L.R.A. (N.S.) 
 577. 
 
 Does a statute exempting money "due, or 
 to become due," or "to be paid," or em- 
 ploying similar expressions, protect 
 money after it has been paid. 5 L.R.A. 
 (N.S.*) 472.
 
 550 
 
 INDEX TO L.R.A. NOTES. 
 
 EXEMPTION, II. cont'd 
 
 c. Who may claim. 
 
 9. Generally. 
 
 Right of debtor to assign exemptions, or 
 delegate to another the right to select 
 exempt property. 30 L.R.A.(N.S.) 982. 
 
 What constitutes a "family" under exemp- 
 tion laws. 4 L.R.A.(N.S.) 365; L.R.A. 
 1917C, 361. 
 
 Wife as head of family within exemption 
 statute. 51 L.R.A. (N.S.) 1121. 
 
 What is a "trade" or "profession" within 
 exemption laws. L.R.A.1915F, 916. 
 
 Engaging in other business as affecting ex- 
 emption of farmer from involuntary 
 proceedings in bankruptcy. 20 L.R.A. 
 (N.S.) 148. 
 
 Statutory exemption of proceeds or avails 
 of life insurance as inuring to benefit 
 of estate where policy is payable to 
 executors or administrators, or estate. 
 L.R.A.1917F, 1143. 
 
 10. In case of nonresidence. 
 
 What is nonresidence for the purpose of 
 debtor's exemptions. L.R.A.1915A, 
 421. 
 
 When does nonresidence of person intend- 
 ing to leave permanently begin. 1 
 L.R.A.(N.S.) 778. 
 
 Widow's right to, out of personal assets of 
 estate of deceased husband, who was a 
 nonresident. 11 L.R.A. (N.S.) 361. 
 Right of nonresident debtor to benefit of 
 local exemption law. L.R.A.1915A, 
 396. 
 
 EXERTION. 
 
 Right to recover on insurance policy for in- 
 jury from, see INSURANCE, 163. 
 
 EXHAUSTION. 
 
 As a personal injury within the meaning 
 of the Workmen's Compensation Act. 
 L.R.A.1917D, 106, 109. 
 
 EXHIBITIONS. 
 
 Exhibitions generally, see AMUSEMENTS. 
 Physical examination, see DISCOVERY AND 
 INSPECTION, 5. 
 
 Effect of exhibition of books of account 
 
 offered in evidence to, and admissibil- 
 
 ity of correctness by, person charged. 
 
 52 L.R.A. 598. 
 
 Of person to show resemblance. 52 L.R.A. 
 
 502. 
 
 Of child for purpose of determining 
 paternity in bastardy proceedings. 
 L.R.A.3917B, 1148. 
 
 EXHIBITIONS cont'd 
 
 Of anatomical subjects as nuisance. 45 
 
 L.R.A.(N.S.) 23. 
 Carrier's liability for preventing, by breach 
 
 of contract of carriage. 49 L.R.A. 
 
 (N.S.) 491. 
 Liability for loss of, or injury to, property 
 
 on exhibition. L.R.A.1915A, 594; 
 
 L.R.A.1915B, 305. 
 
 EXHORTATION. 
 
 Voluntariness of confession induced by ex- 
 hortation. 18 L.R.A. (N.S.) 812; 50 
 L.R.A. (N.S.) 1077. 
 
 EXISTING OBLIGATION. 
 
 Performance of, as consideration for new 
 
 promise. 34 L.R.A. 33. 
 New promise by a stranger to the con- 
 tract. L.R.A.1917D, 1104; L.R.A. 
 1918E, 1008. 
 
 EX MALEFICIO. 
 
 Trust ex maleficio, see TRUSTS, 15. 
 
 EXORBITANT RATES. 
 
 Charging one with exacting excess as libel. 
 40 L.R.A.(N.S.) 79. 
 
 EX PARTE AFFIDAVIT. 
 
 Admissibility in evidence in proceedings to 
 punish criminal contempt. L.R.A. 
 1917B, 119. 
 
 EX PARTE JUDGMENT. 
 
 Collateral attack on, for fraud not affecting 
 jurisdiction. 36 L.R.A. (N.S.) 985. 
 
 Begin with this book on every law question. 
 
 EXPECTANCY. 
 
 1. Generally. 
 
 Rights of heirs and distributees in de- 
 cedent's estate, generally, see DESCENT 
 AND DISTRIBUTION, *2-8. 
 
 Garnishment of, see GARNISHMENT, lla. 
 
 Liability to levy, see LEVY AND SEIZURE, 4. 
 
 Effect of quitclaim deed upon after-acquired 
 title. 35 L.R.A. (N.S.) 1182. 
 
 Tables of expectancy of life as evidence. 
 40 L.R.A. 553.
 
 INDEX TO L.R.A. NOTES. 
 
 551 
 
 EXPECTANCY cont'd 
 
 2. Transactions between heir and 
 ancestor as to. 
 
 Validity of transactions between an heir 
 and his ancestor relating to the 
 former's expectancy. 32 L.R.A. 
 595. 
 
 3. Conveyance of. 
 
 Validity of. 33 L.R.A. 266; 25 L.R.A. 
 
 (N.S.) 436. 
 Specific performance of contract as . to. 
 
 L.R.A.1918E, 628. 
 Effect upon sale, assignment, or release of 
 
 expectancy of assignor's predecease of 
 
 ancestor. L.R.A.1917C, 267. 
 
 EXPENDITURES. 
 
 Estoppel by permitting, see ESTOPPEL, 25. 
 By municipality, see MUNICIPAL CORPORA- 
 TIONS, 61-67. 
 
 EXPENSES. 
 
 As element of damages for injuries caused 
 by damming back waters of stream. 
 59 L.R.A. 898. 
 
 Vrioritv of claims against property in hands 
 of "receiver for. 2 L.R.A. (N.S.) 1051, 
 1067. 
 
 Requisites of appropriation for expenses of 
 officers. 16 L.R.A. (N.S.) 631; 27 
 L.R.A.(N.S.) 537; 49 L.R.A. (N.S.) 67. 
 
 Treatment of operating expenses in esti- 
 mating the return of a public service 
 corporation for rate-making purposes. 
 52 L.R.A. (N.S.) 15. 
 
 EXPERIENCE. 
 
 Of servant as factor bearing' on master's 
 duty of inspection. 44 L.R.A. 57. 
 
 Right of jurors to waive evidence by appli- 
 cation of general experience. 37 L.R.A. 
 (N.S.) 803. 
 
 Capitalization of, in determining going con- 
 cern value in public service propertv 
 valuations. 48 L.R.A. (N.S.) 1133. 
 
 EXPERTS. 
 
 Expert accountant, see ACCOUNTANTS. 
 Opinions of, see EVIDENCE. VIII. 
 Fees of. see WITNESSES, 51. 
 Consult also L.R.A. Digests of Cases. 
 
 EXPERTS cont'd 
 
 Stockholder's right to assistance of, for in- 
 spection of corporate books. 45 L.R.A. 
 449. 
 
 EXPIRATION. 
 
 Of corporate charter, see CORPORATIONS, 
 
 132. 
 Of patent, rights after, see PATENT, 3. 
 
 EXPLANATION. 
 
 Parol evidence to explain, see EVIDENCE, 
 VII. e. 
 
 Of alteration in written instrument. 39 
 L.R.A. (N.S.) 100. 
 
 Conductor's refusal to listen to passenger's 
 explanation as to his contract, as jus- 
 tification for punitive damages for pas- 
 senger's expulsion. 17 L.R.A. (N.S.) 
 344. 
 
 EXPERIMENTS. 
 
 Admissibility of, see EVIDENCE, 158, 158a. 
 
 Treatment of expense of experiments in es- 
 timating the return of a public service 
 corporation for rate-making purpos-s. 
 52 L.R.A.(N.S.) 54. 
 
 EXPLOSIONS AND EXPLOSIVES. 
 
 I. In general, 1, la. 
 II. Regulation of explosives, 2. 
 III. Injuries from explosions, 3-10. 
 
 I. In general. 
 
 1. Generally. 
 
 As to blasting, see BLASTING. 
 Presumption and burden of proof as to in- 
 
 jury by, see EVIDENCE, 64. 
 Explosives as nuisances, see JNUISANCES, 6. 
 
 Keeping of explosives on insured premises. 
 
 L.R.A.1917C, 278. 
 Action on contractor's bond for cost of ex- 
 
 plosive. 43 L.R.A. (N.S.) 167; L.R.A. 
 
 1915F, 951. 
 
 la. Lien for explosives. 
 
 Mechanics' lien for explosives consumed in 
 process of work. 2 L.R.A. (N.S.) 288; 
 36 L.R.A. (N.S.) 866; 51 L.R.A. (N.S.) 
 1040; L.R.A.1915E, 987. 
 
 II. Regulation of explosives. 
 
 2. Generally. 
 
 Municipal regulation of explosives, as a 
 
 nuisance. 38 L.R.A. 306. 
 Regulating keeping or storing of explosives. 
 
 41 L.R.A. (N.S.) 460. 
 
 ///. Injuries from explosions. 
 
 3. Generally. 
 
 Injury by explosion of gas, see GAS, 11- 
 
 14. 
 Proximate cause of injury, see PROXIMATE 
 
 CAUSE, 6, 7. 
 
 Presumption of negligence in case of. 15 
 
 L.R.A. 35, 38. 
 Applicability of rule- res ipsa loquitur to 
 
 explosion of bottle. L.R.A.1916E, 1078.
 
 552 
 
 INDEX TO L.R.A. NOTES. 
 
 EXPLOSIONS AND EXPLOSIVES, III. 
 cont'd 
 
 Violation by servant of rule adopted by rail- 
 way company as evidence of negligence 
 toward one other than servant in case 
 of injuries from explosives. L.R.A. 
 1917C, '804. 
 
 Violation of statute or ordinance relating 
 to explosives as ground of private 
 action. 5 L.R.A. (N.S.) 263; 48 
 L.R.A.(N.S.) 876. 
 
 Liability for injury to business of other 
 person by. 64 L.R.A. 95. 
 
 Measure of damages for destruction of, or 
 damage to, building by explosion. 
 L.R.A.1917A, 371. 
 
 Allowance 'of interest on damages to prop- 
 erty caused by explosion. 18 L.R.A. 
 455. 
 
 Negligence in the manufacture and storage 
 of explosives. 29 L.R.A. 718. 
 
 Liability for injury to children from explo- 
 sives left accessible to them. 14 L.R.A. 
 (N.S.) 586; 24 L.R.A. (N.S.) 1257; 42 
 L.R.A. (N.S.) 840; L.R.A.1917A, 1295. 
 
 May intervening act of child break causal 
 connection between negligence and in- 
 jury. 23 L.R.A. (N.S.) 249. 
 
 Explosives as attractive nuisance. 19 
 L.R.A.(N.S.) 1127. 
 
 Storage of explosives as a nuisance. 16 
 L.R.A.(N.S.) 691; L.R.A.1915A, 615. 
 
 Evidence as to condition prior to accident. 
 32 L.R.A.(N.S.) 1094. 
 
 Liability for injury by explosives during 
 shipment. L.R.A.1916B, 725. 
 
 4. Explosion in street. , 
 
 Res ipsa loquitur in action for injury on 
 
 highway by explosion. 43 L.R.A.(N.S.) 
 
 509. 
 Liability for injury caused by placing or 
 
 exploding bombs, etc., in highways. 
 
 3 L.R.A.(N.S.) 759. 
 Municipal liability for failure to prevent 
 
 use of explosives in street. 23 L.R.A. 
 
 (N.S.) 643; 42 L.R.A. (N.S.) 863. 
 Liability of railway company generally for 
 
 personal injury to one on surface of 
 
 street by bursting of cylinder. 42 
 
 L.R.A.(N.S.) 94. 
 Liability of elevated railway company for 
 
 personal injury to one on surface of 
 
 street by explosion. 42 L.R.A. (N.S.) 
 
 Do. 
 
 5. Injury to passenger. 
 
 Presumption of negligence from injury to 
 passenger by. 15 L.R.A. 38; 13 L.R.A. 
 (N.S.) 615; 29 L.R.A.(N.S.) 815; 
 L.R.A.1916C, 377. 
 
 6. Injury to employee. 
 
 In general, see MASTEB AND SERVANT, 63. 
 
 7. servant's assumption of risk. 
 
 Servant's assumption of risk of unexpected 
 
 EXPLOSION AND EXPLOSIVES, ILL 
 cont'd 
 
 Employer's liability for explosion from gas 
 escaping through negligence of in- 
 dependent contractor. 65 L.R.A. 852. 
 
 Dynamite as dangerous agency for injury 
 by which, when used by servant, master 
 is liable. 10 L.R.A.(N.S.) 372, 376, 
 397. 
 
 Powder as dangerous agency for injury by 
 . which,' when used by servant, master is 
 liable. 10 L.R.A. (N.S.) 380. 
 
 9. Inability of insurer. 
 
 See INSURANCE, 156. 
 
 10. Contributory negligence. 
 
 Of person injured by escape and explosion 
 of gas. 29 L.R.A. 352; 32 L.R.A. 
 (N.S.) 821; L.R.A.1915E, 1027. 
 
 Contributory negligence as defense in case 
 of explosion of oil below statutory 
 standard. 38 L.R.A. (N.S.) 412. 
 
 EXPLOSIVES. 
 
 See EXPLOSIONS AND EXPLOSIVES. 
 
 EXPORTS. 
 
 Forbidding exportation from state, see 
 COMMERCE, 13. 
 
 EXPOSITION. , 
 
 See AMUSEMENTS. 
 
 EX POST FACTO LAWS. 
 
 See CONSTITUTIONAL LAW, 7. 
 
 EXPOSURE. 
 
 By insured to danger, see INSURANCE, 
 158, 164. 
 
 EXPRESS AGENT. 
 
 Rights of, as passenger. 22 L.R.A. ~!'G. 
 
 Delivery by express agent to addresses and 
 collection of price of intoxicating liquor 
 sent C.O.D. as a sale thereof by the 
 agent. 2 B.R.C. 467. 
 
 explosion. 19 L.R.A. (N.S.) 360. [Authority of route 'agent to contract for 
 
 8. Employer's liability for servant's ' services of other persons. L.R.A. 
 
 negligence. 
 Begin with this booJc on every law question. 
 
 1918F, 68.
 
 INDEX TO L.R.A. NOTES. 
 
 553 
 
 EXPRESS CAR. 
 
 Passengers riding in, as contributory negli- 
 gence. 16 L.R.A. 631. 
 
 EXPRESS COMPANIES. 
 
 1. Generally. 
 
 An to common carriers generally, see CAR- 
 RIERS. 
 
 Matters as to interstate commerce, see COM- 
 MERCE, 12. 
 
 Title to money deposited with express com- 
 pany for transmission. L.R.A.1918A, 
 534. 
 
 Transportation by, between points in same 
 state over a route part of which. is in 
 another state, as interstate commerce. 
 L.R.A.1918A, 807. 
 
 Contract exempting railroad company 
 from liability for negligent injuries to 
 express messenger on train. 50 L.R.A. 
 (N.S.) 432; L.R.A.1917D, 648. 
 
 Agents of, as passengers. 22 L.R.A. 796. 
 
 Dut\ as to delivery and collection of pack- 
 ages. 33 L.R.A. 6(5. 
 
 Right of foreign company to enter state. 
 24 L.R.A. 313. 
 
 Duty of, with respect to property awaiting 
 . delivery at destination. 14 L.R.A. 
 (N.S.) 393. 
 
 Statute requiring express companies to make 
 free deliveries in certain cities, as in- 
 terference with interstate commerce. 
 19 L.R.A.(N.S.) 94. 
 
 Regulations as to time of receiving valu- 
 ables for transportation. 15 L.R.A. 
 (N.S.) 558. 
 
 Delivery by express agent to addressee and 
 collection of price of intoxicating liquor 
 sent C. 0. D., as a sale thereof by the 
 agent. 2 B. R. C. 467. 
 
 Authority of route agent of, to contract for 
 services of other persons. L.R.A.1918F, 
 68. 
 
 2. Discrimination between. 
 
 Duty of carrier to give equal facilities to. 
 Jg L.R.A. 393. 
 
 Contract for exclusive or preferential facil- 
 ities on railroads. 5 L.R.A. (N.S.) 783. 
 
 Right of carrier to grant exclusive train 
 privilege to baggage or passenger trans- 
 fer companies. 32 L.R.A. (N.S.) 1181; 
 L.R.A.1917F, 1085. 
 
 3. Taxation of. 
 
 Taxation of receipts of. 57 L.R.A. 64. 
 Taxation of; effect of commerce clause of 
 Federal Constitution. 60 L.R.A. 687. 
 
 EXPRESSMEN. 
 
 As fellow servants. 50 L.R.A. 456. 
 Liability of landlord o'f office building for' 
 
 injury to. L.R.A. 191 OF. 1120. 
 Consult also L.R.A. Digests of Cases. 
 
 EXPRESS MESSENGER. 
 
 Contract exempting railroad company from 
 liability for negligent injury to ex- 
 press messenger'. 11 L.R.A. (N.S.) 432; 
 50 L.R.A. (N.S.) 432; L.R.A. 1917D, 
 648. 
 
 EXPRESS TRUSTS. 
 
 See TRUSTS, 4-10. 
 
 EXPULSION. 
 
 Of passenger, see CARRIERS, 30-35; DAM- 
 
 AGES, 45. 
 Of member of benefit society, see BENEVO- 
 
 LENT SOCIETIES,' 3a; INSURANCE, 
 . 105. 
 From religious society, see RELIGIOUS SO- 
 
 CIETIES, 13. 
 Of pupil, see SCHOOLS, 9-11. 
 
 Conclusiveness of decision of tribunal of 
 association or corporation as to ex- 
 pulsion of member. 49 L.R.A. 353. 
 
 EXTENDED INSURANCE. 
 
 See INSURANCE, 58. 
 
 EXTENSION. 
 
 1. Generally. 
 
 Of city boundaries, see MUNICIPAL CORPO- 
 RATIONS, 11, 12. 
 
 Of lien of mortgage before renewal of se- 
 cured debt. 55 L.R.A. 673. 
 
 2. Of time. 
 
 For payment of negotiable paper generally, 
 see BILLS AND NOTES, 56, 57. 
 
 For issuing execution, see EXECUTION, 6. 
 
 Of lien of mortgage, see MORTGAGE, 55. 
 
 To file mechanics' lien, sec MECHANICS' 
 LIENS, 29. 
 
 Release of surety by, see PRINCIPAL AND 
 SURETY, 15, 16. 
 
 Of time to remove timber, see TIMBER, 5. 
 
 To remove standing timber conveyed with- 
 out conveying title to the land. 55 
 L.R.A. 530; ~34 L.R.A. (N.S.) 615. 
 
 For payment of assessment as effecting 
 waiver by officer of subordinate lodge 
 of forfeiture for nonpayment. 38 L.R.A. 
 (N.S.) 575. 
 
 Effect on negotiability of note of provision 
 permitting. 16 L.R.A. (N.S.) 878; 33 
 L.R.A.(N.S.) 738; 49 L.R.A. (N.S.) 132. 
 
 By one taking bill or note as collateral se- 
 curity as giving him character of bona 
 fide holder. 31 L.R.A. (N.S.) 298.
 
 554 
 
 INDEX TO L.E.A. NOTES. 
 
 EXTENSION cont'd 
 
 As additional consideration for mortgage 
 u'ivon as security for pre-existing debt. 
 33 L.R.A.(N.S.) 61. 
 
 Validity of payment of insurance premium 
 or assessment during period of exten- 
 sion agreed on, but after death of in- 
 sured. 2 B. E. C. 191. 
 
 Power of judge pro tern to extend time given 
 for preparing or filing bill of excep- 
 tions or case made. 42 L.R.A. (N.S.) 
 623. 
 
 EXTENT. 
 
 First and last days in computing time for 
 recording. 49 L.R.A. 243. 
 
 EXTERNAL, VIOLENT, AND ACCI- 
 DENTAL MEANS. 
 
 Death of insured by, see INSURANCE, 165. 
 
 EXTINGUISHMENT. 
 
 Of contract, see CONTRACTS, VI. 
 
 Of easement, see EASEMENTS, 25-28. 
 
 EXTORTION. 
 
 1. Generally. 
 
 Indictment for, see INDICTMENT, INFORMA- 
 TION, AND COMPLAINT, 18. 
 
 Charge of blackmailing or extortion as ac- 
 tionable per se. 6 B. R. C. 481. 
 
 Efforts to collect debt as extortion. 18 
 L.R.A.(N.S.) 77; L.R.A.1915B, 1140. 
 
 Liability of officer who uses criminal process 
 to collect a debt. 24 L.R.A. (N.S.) 301. 
 
 Instigation to offense of, as a defense to 
 prosecution. 30 L.R.A. (N.S.) 953. 
 
 Extortion as affected by right, or belief in 
 right, to property sought to be se- 
 cured. 40 L.R.A. (N.S.) 801. 
 
 2. By threats. 
 
 Threat to injure business unless money is 
 
 paid as crime of extortion. 15 L.R.A. 
 
 (N.S.) 718. 
 As affected by right, or belief in right, to 
 
 property sought to be secured. 40 
 
 L.R.A. (N.S.) 801. 
 
 EXTRA COMPENSATION. 
 
 To servant, for extra work, see MASTER AND 
 
 SERVANT, 27. 
 To witness, see WITNESSES, 50, 51. 
 
 EXTRADITION. 
 
 /. In general, 1-4. 
 II. Procedure; review, 5-7. 
 
 I. In general. 
 
 1. Generally. 
 
 Arrest in extradition proceedings, see AR- 
 REST, 10. 
 
 Indictment in extradition proceedings, see 
 INDICTMENT, INFORMATION, AND COM- 
 PLAINT, 2. 
 
 From state to state in case of criminal 
 libel. 49 L.R.A. (N.S.) 942. 
 
 May a state which has extradited a person 
 from another state or country surren- 
 der him to a third state or country. 
 L.R.A. 1916C, 1259. 
 
 Abduction or wrongful bringing of criminal 
 into jurisdiction as a defense to pros- 
 ecution. 15 L.R.A. 177. 
 
 Nonliability of consul for procuring arrest 
 of fugitive from justice. 45 L.R.A. 
 588. 
 
 Insanity as a ground for refusing extradi- 
 tion. 46 L.R.A. (N.S.) 397. 
 
 Extradition of person who is under confine- 
 ment in asylum state. 24 L.R.A. (N.S.) 
 799. 
 
 2. Who are fugitives. 
 
 General rule. 51 L.R.A. (N.S.) 668. 
 
 Must have been in demanding state. 28 
 
 L.R.A. 289; 51 L.R.A.(N.S.) 669. 
 No constructive presence. 28 L.R.A. 289 ; 
 
 51 L.R.A.(N.S.) 670. 
 Setting crime in motion. 28 L.R.A. 289 ; 
 
 51 L.R.A.(N.S.) 670. 
 The purpose of the flight. 28 L.R.A. 289; 
 
 51 L.R.A. (N.S.) 671. 
 Prisoner in custody. 51 L.R.A. (N.S.) 672; 
 
 L.R.A.1918D, 680. 
 Prisoner under parole. 51 L.R.A. (N.S. ) 
 
 672; L.R.A.1918D, 680. 
 
 3. Right to detain fugitives until 
 arrival of papers. 
 
 Generally. 26 L.R.A. 33. 
 Arrest without warrant. 26 L.R.A. 34. 
 International extradition. 26 L.R.A. 34. 
 The English decisions. 26 L.R.A. 34. 
 Surrender. 26 L.R.A. 34. 
 
 4. Trial on amended charge. 
 
 Right to try prisoner extradited from sister 
 state for crime other than that for 
 which he was surrendered. 14 L.R.A. 
 128; 19 L.R.A. 206; 47 L.R.A. (N.S.) 
 807. 
 
 Effect upon prisoner's rights of necessity of 
 amendment of charge upon which 
 he was extradited. 25 L.R.A. 593. 
 
 II. Procedure; review. 
 
 Her/in with this book on evert/ Jaw question. 
 
 5. Generally. 
 
 Service of process o'n fugitive in custodv. 
 46 L.R.A. 711.
 
 INDEX TO L.R.A. NOTES. 
 
 555 
 
 EXTRADITION, II. cont'd. 
 
 Right of court of asylum state to examine, 
 in interstate extradition proceedings, 
 sufficiency of papers charging the of- 
 fense for which the return of the fugi- 
 tive is demanded. 11 L.R.A. (N.S.) 
 424. 
 
 6. Papers necessary to obtain sur- 
 render of fugitives from another 
 state. 
 
 Generally. 28 L.R.A. 801. 
 
 Requirements of state statutes. 28 L.R.A. 
 
 802. 
 The requisition. 1 L.R.A. 372:* 28 L.R.A. 
 
 803. 
 
 The indictment. 28 L.R.A. 803. 
 The affidavit. 28 L.R.A. 803. 
 Sufficiency of complaint or information. 28 
 
 L.R.A. 804; 25 L.R.A. (N.S.) 60. 
 The authentication. 28 L.R.A. 804. 
 Necessity of warrant. 28 L.R.A. 804. 
 The criminal charge. 28 L.R.A. 805. 
 Proof of flight. 28 L.R.A. 805. 
 Right to look behind papers, or to make 
 
 other requirements. 28 L.R.A. 805. 
 Effect of governor's representations. 28 
 
 L.R.A. 805. 
 
 7. Review of proceedings. 
 
 By habeas corpus, see HABEAS CORPUS, 5. 
 
 Right to be heard upon the merits of the 
 charge against accused. 21 L.R.A. 
 (N.S.) 939. 
 
 EXTRA FARE. 
 
 See CARRIERS, 24. 
 
 EXTRAHAZARDOUS EMPLOYMENT. 
 
 What constitutes, within meaning of Work- 
 men's Compensation Acts. L.R.A. 
 1918F, 230. 
 
 EXTRANEOUS AGREEMENT. 
 
 That mortgagor of merchandise shall have 
 possession with power of sale. 18 
 L.R.A. 604. 
 
 EXTRANEOUS PAPER. 
 
 Effect of party's ignorance of contents of, 
 on attempt to incorporate it into con- 
 tract by reference. 70 L.R.A. 106. 
 
 EXTRAORDINARY CASH DIVIDEND. 
 
 Right to, as between life tenant and re- 
 mainderman. 12 L.R.A. (N.S.) 785; 35 
 L.r..A.(N.S.) 566; 50 L.R.A. (N.S.) 
 514; L.R.A.1916D, 214. 
 
 Consult nlso L.R.A. Digests of Cases. 
 
 EXTRAORDINARY FLOODS. 
 
 Liability of one damming back water of 
 stream for injury by. 59 L.R.A. 876. 
 
 Extraordinary floods which one obstructing 
 water course need not anticipate. 6 
 L.R.A.(N.S.) 252. 
 
 EXTRAORDINARY REMEDIES. 
 
 Release of indorser of note by failure to 
 extraordinary remedies against maker. 
 18 L.R.A.(N.S.) 550. 
 
 EXTRAORDINARY RISKS. 
 
 Master's duty to instruct servant as to. 44 
 L.R.A. 44. 
 
 EXTRAORDINARY SERVICES. 
 
 Rights of seamen to salvage for. 64 L.R.A. 
 193. 
 
 Right of officer, director, or stockholder, in 
 absence of special contract, to compen- 
 sation for. L.R.A.1917F, 310. 
 
 EXTRAS. 
 
 Effect of, to extend time for filing mechan- 
 ics' lien. 35 L.R.A. (N.S.) 908. 
 
 EXTRA SESSION. 
 Of legislature. 15 L.R.A. 847. 
 
 + * 
 
 EXTRATERRITORIAL EFFECT. 
 
 Of divorce decree, see DIVORCE AND SEPARA- 
 TION, 10. 
 Of judgment generally, see JUDGMENT, V. 
 
 EXTRA TRANSPORTATION. 
 
 Carrier's charges based upon extra trans- 
 portation of goods rendered necessary 
 by carrier's own fault or mistake. 
 L.R.A.1917D, 920. 
 
 EXTRAVAGANCE. 
 
 Rebuttal of husband's liability for neces- 
 saries purchased by wife by proof of 
 extravagance of purchases. 65 L.R.A. 
 547.
 
 658 
 
 INDEX TO L.R.A. NOTES. 
 
 EXTRA AVORK. 
 
 Recovery for, generally, see CONTBACTS, 
 122, 134. 
 
 Servant's right to recover for. 30 L.R.A. 
 (N.S.) 652. 
 
 EXTRINSIC AGREEMENT. 
 
 Reference to, as affecting negotiability of 
 bill or note. 30 L.R.A. (N.S.) 40; 
 L.R.A.1918B, 639. 
 
 EXTRINSIC DOCUMENTS. 
 
 Incorporation of, into will, see WILLS, 8. 
 
 Effect of reference to, to control or modify 
 character of estate .that would other- 
 wise pass. 8 L.R.A. (N.S.) 1039. 
 
 EXTRINSIC EVIDENCE. 
 
 See EVIDENCE, VII. 
 
 EYESIGHT. 
 
 Impairment of, as element of damages for 
 negligent injury. 48 L.R.A. (N.S.) 98. 
 
 Unknown bad eyesight of juror as ground 
 for new trial. 50 L.R.A. (N.S.) 977. 
 
 Loss of eyesight of attesting witness pre- 
 venting his identification of will or 
 signature. L.R.A.1915E, 593. 
 
 Care required from one of defective sight 
 in using street. 14 L.R.A. (N.S.) 648; 
 39 L.R.A. (N.S) 1055. 
 
 Right to show nearsightedness on issue of 
 contributory negligence without alle- 
 gation thereof. L.R.A.1917D, 558. 
 
 EYEWITNESS. 
 
 Provision in insurance policy requiring 
 fact or circumstances of loss to be es- 
 tablished by eyewitness. L.R.A.1918F, 
 420. 
 
 FABRICS. 
 
 Sufficiency of delivery of, on sale out of 
 larger lot. 26 L.R.A. (N.S.) 42. 
 
 FABRICATION IN TRANSIT. 
 
 See TRANSIT PRIVILEGES. 
 
 FACILITATING CRIME. 
 
 Responsibility for, see CBIMINAL LAW, 19. 
 
 FACILITY OF PAYMENT. 
 
 Clause' as to, in insurance policy, see IN- 
 SURANCE, 194. 
 
 FACTIONS. 
 
 Injunctive relief in case of factional 
 turbance in religious societies. 
 L.R.A.(N.S.) 872. 
 
 dis- 
 3 
 
 FACTORIES. 
 
 1. Generally. 
 
 Occupancy as incident to contracts for op- 
 eration of. 4 L.R.A. ( N.S, ) 703. 
 
 Character of occupancy of employees in. 4 
 L.R.A. (N.S.) 71.V. 
 
 Begin iritlt tit is boo].- on every Jaw question. 
 
 FACTORIES cont'd 
 
 Power of municipal corporation to prohibit. 
 41 L.R.A.(N.S.) 177. 
 
 2. Injury to employees in. 
 
 What is, within meaning of workmen's 
 compensation act. L.R.A.1916A, 200; 
 L.R.A.1917D, 156. 
 
 Private action for violation of factory law. 
 9 L.R.A.(N.S.) 376; L.R.A.1915E, 547. 
 
 Master's right to rely on the inspection of, 
 by public authorities. 15 L.R.A. (N.S.) 
 812. 
 
 Employment in violation of statute as sus- 
 taining child's action for negligence. 
 1 B. R. C. 629. 
 
 Servants in, as fellow servants. 50 L.R.A. 
 436, 439, 461. 
 
 Supervising employees in, as vice princi- 
 pals. 51 L.R.A. 534, 581. 
 
 FACTORS. 
 
 1. Generally. 
 
 Construction of contract having some pro- 
 visions peculiar to consignment and 
 agency contracts and others to sale 
 contracts. L.R.A.1917B, 626. 
 
 Stated accounts of. 27 L.R.A. 821. 
 
 Set-off in case of bankruptcy. 55 L.R.A. 
 44, 51, 60. 
 
 Who must bear loss where merchandise 
 broker receives purchase price and fails 
 to pay over same to seller. 8 L.R.A. 
 (N.S.) 474. 
 
 Authority of consignee of ship to contract 
 
 for services of other persons. 
 1918F, 18. 
 
 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 557 
 
 FACTORS cont'd 
 
 Effect of fact that one is entitled to com- 
 missions out of fund on his prosecu- 
 tion for embezzlement for retaining 
 entire fund. 13 L.R.A.(N.S.) 511. 
 
 Consignments by foreign corporation to, as 
 doing business within state. 18 L.R.A. 
 (N.S.) 138. 
 
 Liability of factor to true owner for sell- 
 ing or disposing of property intrusted 
 to him by his principal. 50 L.R.A. 
 (N.S.) 55. 
 
 Liability of del credere agent for nonper- 
 formance of contract by buyer. 6 
 B. R. C. 943. 
 
 2. Title to goods consigned. 
 
 Reservation of title in bailments for sale, 
 as against creditors of bailor and 
 bailee. 22 L.R.A. 850. 
 
 Right of factor to whom goods are con- 
 signed to maintain action against 
 carrier. 26 L.R.A.(N.S.) 437; 36 
 L.R.A.(N.S.) 72. 
 
 When title passes under consignment of 
 goods for sale, with provision in effect 
 that consignee purchase balance of con- 
 signment. 39 L.R.A. (N.S.) 620. 
 
 % 3. Advances by. 
 
 To what extent advances by a factor create 
 a debt against the principal. 5 L.R.A. 
 (N.S.) 1147. 
 
 Right of customer who has advanced pur- 
 chase money to factor to preference in 
 case of insolvency before making of 
 purchase. 42 L.R.A. (N.S.) 95. 
 
 FACTS. 
 
 Review of, on appeal, see APPEAL AND 
 ERROR, ' 31-34. 
 
 Misstatement of facts, or statement of 
 facts not in evidence, by counsel in ar- 
 gument to jury as ground for reversal. 
 L.R.A.1018D, 4. 
 
 Effect of stating the facts upon which a 
 libelous or slanderous charge is made 
 to limit the ordinary meaning of the 
 words used. L.R.A.1918F, 152. 
 
 FAILURE OF CONSIDERATION. 
 
 As defense to action on a purchase price 
 
 note, see BILLS AND NOTES, 66. 
 In general, see CONTRACTS, 15. 
 
 FAIR. 
 
 In general, see AMUSEMENTS. 
 
 Liability for loss of property on exhibi- 
 tion under special terms of contract 
 for its care or return. L.R.A. 1915B, 
 305. 
 
 FAIR COMMENT. 
 
 See LIBEL AND SLANDER. 
 
 Consult also L.R.A. Digests of Cases. 
 
 FAIR TRIAL. 
 
 Right of accused to, see CRIMINAL LAW, 
 
 44. 
 
 FAITH CURE. 
 
 Application of statute regulating practice 
 of medicine. 24 L.R.A. (N.S.) 103; 
 L.R.A.1917C, 827. 
 
 FAKE BET. 
 
 Illegal intent of prosecutor as affecting 
 guilt of obtaining property by means 
 of. 17 L.R.A. (N.S.) 276. 
 
 FAKE RACE. 
 
 Relief to party defrauded by, although he 
 went into the scheme with intent to 
 defraud others. 5 L.R.A.(N.S.) 906. 
 
 Illegal intent of prosecutor as affecting 
 guilt of obtaining property by means 
 of. 17 L.R.A.(N.S.) 276. 
 
 FALL. 
 
 Of buildings, see FALLING BUILDINGS. 
 Falling objects generally, see FALLING OB- 
 JECTS. 
 
 FALLEN TIMBER. 
 
 Life tenant's rights as to. 37 L.R.A. (N.S.) 
 767. 
 
 FALLEN WIRES. 
 
 See ELECTRICITY, III. 
 
 FALLING BUILDINGS. 
 
 Individual liability for injury by, see 
 BUILDINGS, 10. 
 
 Fall of building clause in fire insurance pol- 
 icies. 32 L.R.A. (N.S.) 604; L.R.A. 
 1917F, 1064. 
 
 FALLING OBJECTS. 
 
 1. Liability for injury by. 
 
 Liability for injury by falling building, see 
 BUILDINGS, 10.
 
 558 
 
 INDEX TO L.R.A. NOTES. 
 
 FALLING OBJECTS cont'd 
 
 Injury to person in street, see HIGHWAYS, 
 
 68, 83, 88. 
 See also MISSILE. 
 
 Permitting articles to roll down hillside 
 or decline. L.R.A.1915B, 426. 
 
 Liability for injuries from matter precipi- 
 ' tated on adjoining property. 36 
 L.R.A.(N.S.) 1171. 
 
 Liability of occupant of building for in- 
 jury caused by article falling or thrown 
 from window or other opening. 14 
 L.R.A.(N.S.) 426. 
 
 Individual liability for falling walls. 34 
 L.R.A. 557. 
 
 Liability of landowner for fall of wall or 
 building left standing after fire. L.R.A. 
 1915C, 704. 
 
 Liability of railroad company for personal 
 injuries to persons on highway or ad- 
 joining property by objects falling 
 from train. 31 L.R.A. (N.S.) 981. 
 
 Liability of elevated railway company for 
 personal injury to one on surface of 
 street by fall of iron, wood, etc. 42 
 L.R.A.(N.S.) 94. 
 
 Liability of one maintaining place of amuse- 
 ment for injury by. 42 L.R.A. (N.S.) 
 1072; L.R.A.1915F, 690. 
 
 Landlord's liability to third persons for in- 
 jury by. 26 L.R.A. 200; 50 L.R.A. 
 (N.S.) 312. 
 
 Liability of storekeeper to customer for 
 injury by. 21 L.R.A. (N.S.) 463. 
 
 Contributory negligence of child injured by. 
 
 L.R.A.1917F, 106. 
 
 Injury by object falling from train. 
 L.R.A.1917F, 150. 
 
 Admissibility of evidence of condition be- 
 fore and after accident. 32 L.R.A.(N. 
 S.) 1097. 
 
 ,2. injury to passenger. 
 
 Presumption of negligence from injury to 
 passenger by. 15 L.R.A. 38; 13 L.R.A. 
 (N.S.) 616; L.R.A.1916C, 377. 
 
 Injury by article falling from passing train. 
 44 L.R.A. (N.S.) 148. 
 
 3. injury to employee. 
 
 Applicability of res ipsa loquitur in case 
 of injury to servant by fall of object. 
 L.R.A.1917E, 201., 
 
 Master's liability for vice principal's negli- 
 gence in causing or allowing heavy ob- 
 jects to fall. 54 L.R.A. 132. 
 
 Nondelegability of duty to protect servant 
 from injury by. 54 L.R.A. 78. 
 
 Delegability of master's duty to warn serv- 
 ants as to danger from. 26 L.R.A. (N. 
 S.) 645. 
 
 Servant's assumption of risk of danger of 
 falling of piles or stacks of material. 
 47 L.R.A. (N.S.) 266. 
 
 Duty of master to protect servant from 
 material rolling down hillside. 46 
 L.R.A.(N.S.) 629. 
 
 FALLING OBJECTS cont'd 
 4. contributory negligence of em- 
 ployee. 
 
 Notwithstanding master's promise of pro- 
 tection. 29 L.R.A.(N.S.) 602. 
 
 FALSE ASSUMPTION. 
 
 Of authority in signing another's name as 
 agent for him as forgery. 31 L.R.A. 
 831. 
 
 FALSE CHARACTER. 
 
 Liability for giving or procuring a false 
 character of a servant. 4 L.R.A.(N.S.) 
 1125. 
 
 FALSEHOOD. 
 
 Libel or slander by charge of, against public 
 officer or candidate. L.R.A.1918E, 40. 
 
 Begin icith this book on every law question. 
 
 FALSE IMPRISONMENT. 
 
 /. In general, 1. 
 II. Who liable, 2-8. 
 III. Evidence; damages, 9, 1O. 
 
 I. In general. 
 
 1. Generally. 
 
 As to legality of arrest generally, see AR- 
 REST. 
 
 Measure of recovery for, see DAMAGES, 53. 
 
 As to malicious prosecution, see MALICIOUS 
 PBOSECUTION. 
 
 Right of action for, as asset in bankruptcy. 
 43 L.R.A.(N.S.) 942. 
 
 Survival of cause of action and abatement 
 and revival of action for false impris- 
 onment upon death of party. 52 
 L.R.A.(N.S.) 1215. 
 
 Arrest upon suspicion of insanity. L.R.A. 
 1916C, 230. 
 
 Lack of jurisdiction, or of legal grounds of 
 criminal prosecution, as affecting the 
 liability for false imprisonment of a 
 complainant who acts in good faith. 
 18 L.R.A. 356. 
 
 Abandonment of suit before entry as affect- 
 ing justification under writ in defense 
 of action for false imprisonment. 4 
 L.R.A.(N.S.) 451. 
 
 Plea of guilty as affecting action for. 20 
 L.R.A.(N.S.) 295. 
 
 Words as effecting false imprisonment, 
 where plaintiff did not accompany the 
 person using them. 7 L.R.A. (N.S. ) 
 576. 
 
 May false imprisonment be predicated of a 
 partial or conditional restraint. 20 
 L.R.A. (N.S.) 968. 
 
 Detention of one as witness as false im- 
 prisonment. 39 L.R.A. (N.S.) 503.
 
 INDEX TO L.R.A. NOTES. 
 
 559 
 
 FALSE IMPRISONMENT cont'd 
 II. Who liable. 
 
 2. Generally. 
 
 Liability of carrier, see CARRIERS, 
 
 Liability for assisting in unlawful arrest 
 or subsequent detention. 14 L.R.A. 
 (N.S.) 1123. 
 
 Right of private persons to make or cause 
 arrest without warrant. 7 B. R. C. 
 679. 
 
 Liability of private complainant or informer 
 for 'an arrest by an officer without a 
 warrant. L.R.AJ.915E, 883. 
 
 Liability of principal for false arrest or 
 false imprisonment by agent author- 
 ized to collect a debt. *51 L.R.A. (N.S.) 
 471. 
 
 3. Master. 
 
 See MASTER AXD SERVANT, 173. 
 
 4. Partner. 
 
 Liability of partner for act of copartner. 
 3 L.R.A.(N.S.) 221. 
 
 5. Municipality. 
 
 See MUNICIPAL CORPORATIONS, 
 
 79. 
 
 6. Officer. 
 
 Liability of an officer making arrest. 51 
 L.R.A. 193; 42 L.R.A. (N.S.) 69; L.R.A. 
 1915B, 505. 
 
 Liability of officer for arresting wrong per- 
 son bearing rtfeme appearing in war- 
 rant. 7 L.R.A. (N.S.) 268. 
 
 Liability of sheriff, marshal, or constable, 
 for his deputy's tort in making arrest. 
 12 L.R.A. (N.S.) 1019; L.R.A.1915E, 
 172. 
 
 Liability of officer who uses criminal proc- 
 ess to collect a debt. 24 L.R.A. (N.S.) 
 301. 
 
 7. judicial officer. 
 
 Liability of judicial officer for issuing war- 
 rant of arrest. 14 L.R.A. 142; 44 
 L.R.A.(N.S.) 172. 
 
 Liability of justice of the peace to action 
 for, on commitment of witness for con- 
 tempt. 1 L.R.A. (N.S.) 1143. 
 
 Liability of magistrate for failing to have 
 prisoner brought before him. L.R.A. 
 1917F, 429. 
 
 7a. prosecuting officer. 
 
 Liability of prosecuting officer for false ar- 
 rest or imprisonment. L.R.A. 1916F, 
 403. 
 
 8. liability on bond. 
 
 Liability on official bond. 51 L.R.A. 222. 
 Liability of sureties on bond of officer for 
 an 'illegal arrest. 33 L.R.A. (N.S.) 275. 
 
 ///. Evidence; damages. 
 
 . Evidence. 
 
 Evidence of character in action for. 14 
 
 L.R.A. (N.S.) 755. 
 Consult also L.R.A. Digests of Cases. 
 
 FALSE IMPRISONMENT, III. cont'd 
 Burden of proof as to authority for arrest 
 in action for. 10 L.R.A. (N.S.) 303. 
 
 10. Damages. 
 
 Inadequacy of damages as ground for set- 
 ting aside verdict. 47 L.R.A. 43. 
 
 Release upon defendant's own recognizance 
 or on bail as affecting damages recov- 
 erable in action for. 22 L.R.A. (N.S.) 
 1196. 
 
 Condition of place of imprisonment and 
 treatment while in custody as ele- 
 ments of damages in action of mali- 
 cious prosecution or false imprison- 
 ment. 33 L.R.A. (N.S.) 291. 
 
 Probable cause of suspicion as mitigating 
 damages for false imprisonment. 45 
 L.R.A.(N.S.) 64. 
 
 Condition of place of imprisonment and 
 treatment while in custody as element 
 of damages. L.R.A.1915D, 622. 
 
 FALSE INSTRUMENTS. 
 
 Making of false instruments as violation of 
 criminal statute against "false making" 
 of an instrument. 5 L.R.A. (N.S.) 375. 
 
 FALSE OPINION. 
 
 As a fraud. 35 L.R.A. 425. 
 
 FALSE PRETENSES. 
 
 1. Generally. 
 
 Indictment for, see INDICTMENT, ETC., 
 
 39. 
 
 Criminal liability of infant for. 36 L.R.A. 
 
 203. 
 
 Obtaining dog by. 40 L.R.A.. 514. 
 Instigation or consent to. 25 L.R.A. 345; 
 
 51 L.R.A. (N.S.) 829. 
 Corpus delicti in. 19 L.R.A.(N.S.) 443. 
 Cruel and unusual punishment of crime of. 
 
 35 L.R.A. 571. 
 Necessity and sufficiency of description of 
 
 offense in bail bond or recognizance. 38 
 
 L.R.A.(N.S.) 316. 
 
 2. What constitutes; elements of 
 offense. 
 
 Promise of marriage. L.R.A. 1 91 7E, 808. 
 
 Misrepresenting the quality, condition, or 
 status of the subject of a sale or 
 trade. 49 L.R.A. (N.S.) 574'. 
 
 Necessity of actual deception of the person 
 from whom money or property is ob- 
 tained where such person is not the 
 owner, but an agent or officer of the 
 owner, of the property. 11 L.R.A. 
 (N.S.) 938. 
 
 Reliance on false pretenses as an element 
 of the offense. 6 L.R.A. (N.S.) 365.
 
 560 
 
 INDEX TO L.R.A. NOTES. 
 
 FALSE PRETENSES cont'cl 
 
 Illegal intent of prosecutor as affecting 
 guilt. 17 L.R.A.(N.S.) 276; 39 L.R.A. 
 (N.S.) 423. 
 
 Offense as affected by the absurdity or im- 
 probability of representations, or by 
 the prosecutor's failure to investigate 
 the same. 6 L.R.A. (N.S.) 369; L.R.A. 
 1916C, 1104. 
 
 Effect of coupling future promise with false 
 pretenses. 7 L.R.A. (N.S.) 278. 
 
 Mere drawing of check on a bank in which 
 the drawer has no funds or credit, and 
 passing the same. 17 L.R.A. (N.S.) 
 244; 27 L.R.A. (N.S.) 1032; 52 L.R.A. 
 (N.S.) 919. 
 
 Obtaining property by check with intent to 
 stop payment. 41 L.R.A. (N.S.) 170. 
 
 Giving post-dated check as false pretense. 
 41 L.R.A. (N.S.) 173. 
 
 Effecting a sale of property through false 
 representation of value. 14 L.R.A. 
 (N.S.) 1197. 
 
 Infant inducing another .to enter into con- 
 tract with him by representing that he 
 is of age. 24 L.R.A.(N.S.) 1101. 
 
 Obtaining money as a charity by false repre- 
 sentations. 24 L.R.A. (N.S.) 575. 
 
 Purpose of applying property on debt as af- 
 fecting larceny or substantive offense 
 of obtaining property bv false pre- 
 tenses. 32 L.R.A. (N.S.) 420. 
 
 Necessity of making the false pretenses to 
 the defrauded party or of intend- 
 ing to defraud a particular person. 
 L.R.A. 1916D, 270. 
 
 Committing forgery as affecting the offense 
 of obtaining money or goods by false 
 pretenses or confidence game. L.R.A. 
 1918F, 242. 
 
 3. Evidence; witnesses. 
 
 Evidence of other crimes in prosecution for. 
 62 L.R.A. 222, 240, 323; 43 L.R.A. 
 (N.S.) 667. 
 
 Competency of prosecuting witness to testi- 
 fy that he was induced to part with 
 his property by defendant's statements. 
 34 L.R.A. (N.S.) 642. 
 
 Admissibility of statements or communica- 
 tions between the prosecutor and a 
 third person. L.R.A.1915B, 1125. 
 
 4. Venue. 
 
 Venue of offense of obtaining property by. 
 49 *L.R.A.(N.S.) 834. 
 
 FALSE RECORDS. 
 
 Power of equity to cancel. 14 L.R.A. (N.S.) 
 304. 
 
 FALSE REPRESENTATIONS. 
 
 See FALSE PRETENSES; FBAUD AND DECEIT; 
 INSURANCE, V. h. 
 
 FALSE RETURN. 
 
 Recognition of return or of decree rendered 
 thereon as affecting liability for mak- 
 ing. 38 L.R.A. (N.S.) 292. 
 
 FALSE STATEMENT. 
 
 As to property or business, injunction 
 
 against. 16 L.R.A. 243. 
 Character of false statement by bankrupt 
 
 which will prevent a discharge. 20 
 
 L.R.A.(N.S.) 1023. 
 
 FALSE SWEARING. 
 
 In general, see PERJURY. 
 
 Effect of false swearing in proofs of loss. 
 32 L.R.A.(N.S.) 453. 
 
 FALSE TESTIMONY. 
 
 See PERJUBY. 
 
 FALSIFY. 
 
 Is evidence of falsity of alleged statement 
 . admissible in criminal case to corrob- 
 orate or disprove fact that the state- 
 ment was made. 10 L.R.A. (N.S.) 335. 
 
 Begin ivith this ftoofc on every law question. 
 
 FAMILY. 
 
 Head of, see HOMESTEAD, 3, 4. 
 
 What constitutes a "family" under home- 
 stead and exemption laws. 4 L.R.A. 
 (N.S.) 365; L.R.A.1917C, 361. 
 
 Who is a member of the "family" within 
 contract of benefit society. 3 L.R.A. 
 (N.S.) 334. 
 
 Using lunatic's property to carry out his 
 presumed wishes or fulfil his obliga- 
 tions to support. 34 L.R.A. 297. 
 
 Homicide in defense of. 7 L.R.A. 546; 45 
 L.R.A. (N.S.) 145. 
 
 Right of one member of, to maintain ac- 
 tion for libel or slander based on char- 
 ges against family. 23 L.R.A. (N.S.) 
 731. 
 
 Entries in family Bible or other religious 
 book as evidence. 41 L.R.A. 449. 
 
 Expression of intention to make provisions 
 for family upon estate taken by bene- 
 ficiaries of trust, in absence of an ex- 
 press definition thereof. 17 L.R.A. 
 (N.S.) 1215.
 
 INDEX TO L.R.A. NOTES. 
 FAMILY ARRANGEMENT. FARMER. 
 
 661 
 
 Grantee's oral promise to grantor to hold in 
 trust as giving rise to constructive 
 trust, where conveyance was in nature 
 of family arrangement. 39 L.R.A. 
 (N.S.) 917. 
 
 FAMILY BIBLE. 
 
 Admissibility of entries in, in evidence, see 
 EVIDENCE, 145. 
 
 FAMILY EXPENSES. 
 
 Wife's liability for, see HUSBAND AND WIFE, 
 22. 
 
 FAMILY HISTORY. 
 
 Statements by insured respecting family 
 history. 'L.R.A.1917C, 866. 
 
 FAMILY NECESSARIES. 
 
 Liability of husband for, see HUSBAND AND 
 \\n-E, 7, 8. 
 
 FAMILY PORTRAITS. 
 
 Sentimental value as measure of damages 
 for loss or conversion of or injury to. 
 L.R.A.1917D, 503. 
 
 *-- 
 
 FAMILY RELATIONS. 
 
 Admissihility of evidence of family relations 
 of plaintiff on action for damages for 
 libel or slander. 23 L.R.A. (N.S.) 362. 
 
 FARE. 
 
 Of passenger, see CARRIERS, 
 ]60. 
 
 *-> 
 
 16-29, 154- 
 
 FARM. 
 
 As to croppers, see CROPPERS. 
 In general, see AGRICULTURE. 
 
 FARMING CONTRACTS. 
 
 Effect of statute of frauds on parol contracts 
 relating to, which may but are not in- 
 tended to be performed within a year. 
 15 L.R.A.(N.S.) 318. 
 
 FARMING UTENSILS. 
 
 Property covered by insurance policy on 
 "Farming Utensils." L.R.A.1917B, 
 937. 
 
 FARM LABORER. 
 
 Who is, within the statute giving lieri. 19 
 L.R.A. (N.S.) 1039; L.R.A.1017D, 382. 
 
 Who is, within meaning of Workmen's 
 Compensation Acts. L.R.A.1918F, 202. 
 
 FARM LANDS. 
 
 Organization of, into municipal corporation. 
 
 L.R.A.1918B, 1086. 
 Municipal taxation of farm lands within 
 
 corporate limits. 34 L.R.A. 193, 
 
 FARM MACHINERY. 
 
 Location of, as affecting insurance on. 26 
 L.R.A. 241. 
 
 FAST DRIVING. 
 
 Violation of ordinance against, as ground 
 for private action. 5 L.R.A. (N.S.) 254. 
 
 FAST FREIGHT LINES. 
 
 Character of, as common carriers. 42 L.R.A. 
 (N.S.) 902. . 
 
 See also AGRICULTURE; FARM LANDS. 
 
 Insurable interest in fluctuating property 
 
 on. 52 L.R.A. 340. 
 Employees supervising as vice principals. 
 
 51 L.R.A. 534. 
 Consult also L.R.A. Digests of Cases. 36 
 
 FATHER. 
 
 In general, see PARENT AND CHILD. 
 
 Father as sole next of kin to unmarried 
 child to exclusion of mother. 1 B. R. 
 C. 566.
 
 562 
 
 INDEX TO L.R.A. NOTES. 
 
 FATHER-IN-LAW AND SON-IN-LAW. 
 
 Implied agreement to pay for services ren- 
 dered to. 11 L.R.A. (N.S.) 886. 
 
 Oral promise to father-in-law conveying 
 land to hold in trust as giving rise to 
 constructive -trust. 3<J L.R.A.(N.S.) 
 926. 
 
 Son-in-law as member of family of insured. 
 3 L.<R.A.(N.S.) 33(i. 
 
 Authority to bind father-in-law by contracts 
 other than those for necessaries. 39 
 
 L.R.A:(N.S.) 885. 
 
 Gratuitous conveyance to son-in-law as 
 raising implied resulting or construc- 
 tive trust in favor of the natural ob- 
 jects of the bounty of the grantor or 
 donor. L.R.A.1915E, 651. 
 
 FAULTY CONSTRUCTION. 
 
 Liability of landlord to tenant for damage 
 by water due to. L.R.A.1917B, 236. 
 
 *-- 
 
 FAVORITISM. 
 
 See DISCRIMINATION. 
 
 FEAR. 
 
 Voluntariness of confessions induced by. 18 
 L.R.A.(N.S.) 804; 50 L.R.A. (N.S.) 
 1087. 
 
 Fear of accused as reason for not contra- 
 dicting statement made in his presence. 
 25 L.R.A.(N.S.) 553. 
 
 FEDERAL AGENCIES. 
 
 Franchise tax as interference with. 57 
 L.R.A. 55. 
 
 *-- 
 
 FEDERAL CORPORATIONS. 
 
 Locality of jurisdiction of state court over. 
 70 L.R.A. 702. 
 
 
 
 FEDERAL COURTS. 
 
 See COURTS. VII. d; IX. b; REMOVAL OF 
 
 CAUSES . 
 
 FEDERAL ELECTIONS. 
 
 Federal control of elections. 53 L.R.A. 660. 
 
 FEDERAL HOME. 
 
 Jurisdiction of estate of inmate of. 39 
 
 L.R.A. (N.S.) 586. 
 
 FEDERAL QUESTIONS. 
 
 Federal jurisdiction in case of, see COURTS, 
 39, 39a. 
 
 Adjudications on, by state courts review- 
 able by the Supreme Court of the Unit- 
 ed States. 62 L.R.A. 513. 
 
 How and when Federal question may be 
 raised and decided in Federal court to 
 make case for writ of error to United 
 States Supreme Court. 63 L.R.A. 33. 
 
 FEDERAL SAFETY APPLIANCE ACT. 
 
 See MASTER AND SERVANT, 96. 
 
 FEES. 
 
 Attorney's fees, see ATTORNEY'S FEES. 
 
 In general, see COSTS AND FEES. 
 
 For inspection, see INSPECTION. 
 
 For liquor license see INTOXICATING Li- 
 
 QTJORS, 10. 
 
 For license generally, see LICENSE, II. 
 Of pilot, see PILOT, 2. 
 When fee passes by deed, see DEEDS, 29. 
 When fee passes by will, see WILLS, 79- 
 
 82. 
 
 Effect of failure to pay registration fee. 
 
 42 L.R.A. (N.S.) 146. ' 
 Validity of fee exacted for filing nomina- 
 
 tions. L.R.A.1915B, 197. 
 
 FEIGNED INSANITY. 
 
 Right of prosecution to show. 31 L.R.A. 
 (N.S.) 113. 
 
 ---*- 
 
 FEIGNED SUBSCRIPTIONS. 
 
 To corporation, liability on. 25 L.R.A. 
 101. 
 
 -*-^- 
 
 FELLOW T PASSENGER. 
 
 Assault by, see CARRIERS, 13. 
 Liability of carrier for acts of, see CAR- 
 RIERS, 52. 
 
 . . 
 
 Begin irith this book on every law question. 
 
 FELLOW SERVANTS. 
 
 See MASTER AND SERVANT, III. d.
 
 INDEX TO L.R.A. NOTES. 
 
 563 
 
 FELON. 
 
 Liability under accident policy for injury 
 resulting in. 47 L.R.A.(N.S.) 924. 
 
 FELONY. 
 
 Arrest for, see ARREST. 
 
 Compounding of, see COMPOUNDING FELONY. 
 
 Homicide in commission of. 63 L.R.A. 354. 
 
 Effect of statutory declaration that murder 
 in the commission of felony shall be 
 murder in first degree upon right of 
 jury to pass upon degree. L.R.A. 
 1916D, 610. u ' ' 
 
 FEMALES. 
 
 See WOMEN. 
 
 FEMALE SUFFRAGE. 
 
 Right of woman to vote. 21 L.R.A. 662; 
 L.R.A.1915B, 247. 
 
 FEMALE TROUBLES. 
 
 As element of damages for negligent injury. 
 4d L.R.A. (N.S.) 99. 
 
 FENCES. 
 
 1. Generally. 
 
 Oral agreement as to, see CONTRACTS, 45. 
 Gates in, see GATES. 
 
 Injunction as to, see INJUNCTON, 76, 77. 
 Tenant's right to cut wood for, see LAND- 
 LORD AND TENANT, 54. 
 On public lands, see PUBLIC LANDS, 2. 
 Duty and liability of railroads with re- 
 "spect to, see RAILROADS, 37-40, 75. 
 
 Right of one having easement of way to 
 fence it. L.R.A.1918A, 595; 7 B. R. C. 
 261. 
 
 Mechanic's lien for fencing. L.R.A.1917D, 
 353. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 161. 
 
 Liability for consequential injuries from re- 
 moval of. 53 L.R.A. 629. 
 
 Right of life tenant to timber for. 37 
 L.R.A. (N.S.) 765. 
 
 Fencing materials, not actually attached to 
 land, as fixtures. 69 L.R.A. 901. 
 
 Prescriptive right to maintain. 53 L.R.A. 
 901. 
 
 2. Division or line fences. 
 
 Validity of oral agreement as to erection or 
 
 maintenance of fences. 27 L.R.A. 
 
 (N.S.) 226. 
 Consult also L.R.A. Digests of Cases. 
 
 FENCES cont'd 
 
 Applicability of statutory provision for 
 joint construction of line or division 
 fence, where lands of one of adjoining 
 owners are otherwise uninclosed. 20 
 L.R.A. (N.S.) 1092. 
 
 Effect of joint building of line fence on ad- 
 verse possession. 33 L.R.A. (N.S.) 937. 
 
 Effect of agreement to move line fence on 
 adverse possession. 33 L.R.A. (N.S.) 
 939. 
 
 Injunction to compel or prevent erection, 
 maintenance, or removal of. 7 L.R.A. 
 (N.S.) 55. 
 
 3. sufficiency; lack of. 
 
 Sufficiency of. 22 L.R.A. 105. 
 
 Lack of division fence as affecting liabilitv 
 for damages by trespassing cattle. 22 
 L.R.A. 60. 
 
 Liability of one in possession of unfenced 
 land for injuries to live stock which 
 strays thereon from public range. 52 
 L.R.A. (N.S.) 133. 
 
 Liability of one who neglects to repair di- 
 vision fence for death or injury of live 
 stock after straying through the fence. 
 52 L.R.A. (N.S.) 99. 
 
 Extent of liability for permitting another's 
 live stock to escape from pasture by 
 failure to keep proper division fence. 
 20 L.R.A. 479. 
 
 4. Along highway. 
 
 Obstruction of highway by, see HIGHWAYS, 
 38. 
 
 Liability for trespass on. unfenced land by 
 live stock being driven along the high- 
 way. 12 L.R.A. (N.S.) 912. 
 
 Liability of property owner for injuries to 
 persons or property in highway due to 
 condition of fence. L.R.A.1917E, 812. 
 
 5. As nuisances. 
 
 Municipal regulation of, as nuisances. 39 
 L.R.A. 662. 
 
 Injunction by municipality against mainte- 
 nance of, as nuisance. 42 L.R.A. 822. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 161. 
 
 6. Liability for malicious erection of. 
 
 Injunction against spite fence, see INJUNC- 
 TION, 77. 
 
 Generally. 40 L.R.A. 177; 25 L.R.A. (N.S.) 
 
 831; 52 L.R.A.(N.S.) 736. 
 Malice gives no ground of action. 40 L.R.A. 
 
 177. 
 
 Contrary doctrine. 40 L.R.A. 180. 
 State statutes and decisions thereunder. 40 
 
 L.R.A. 181; 25 L.R.A. (N.S.) 832. 
 
 7. Interference with easement by. 
 
 Erection of, so as to interfere with ingress 
 and egress to and from public lands. 
 3 L.R.A. (N.S.) 733. 
 
 Abandonment or loss of private way by ob- 
 struction of way with fences. 22 L.R.A. 
 (N.S.) 885, 886, 888, 891.
 
 564 
 
 INDEX TO L.R.A. NOTES. 
 
 FENCES cont'd 
 
 Right of owner of servient tenement to fence 
 side of right of way as against owner 
 of the dominant tenement. 7 B. R. C. 
 261. 
 
 FENDER. 
 
 Liability of carrier to passenger who falls 
 over fender. 26 L.R.A. (N.S.) 406. 
 
 Duty of street railway company to equip 
 cars with. L.R.A.1915A, 748. 
 
 Violation of police ordinance requiring 
 fenders on street cars as ground for 
 private action. 5 L.R.A. (N.S.) 252. 
 
 FEB^E NATURE. 
 
 See ANIMALS. 
 
 FERMENTED LIQUORS. 
 
 As intoxicating liquors. 20 L.R.A. 647. 
 Sufficiency of delivery of fermented liquors 
 
 sold out of larger lot. 26 L.R.A. 
 
 (N.S.) 36. 
 
 FERRIES. 
 
 1. Generally. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in operation of. 65 
 L.R.A. 654. 
 
 Interference by, with wharf rights in navi- 
 gable waters. 34 L.R.A. (N.S.) 431. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin unlawful expenditures by 
 municipality for. 36 L.R.A. (N.S.) 24. 
 
 Taking of land for, as a public purpose. 22 
 L.R.A.(N.S.) 135. 
 
 2. Franchise. 
 
 See also infra, 4. 
 
 Necessity of franchise for. 37 L.R.A. 712. 
 
 3. interference with. 
 
 See also infra, 4. 
 
 What amounts to interference with ferry 
 
 franchise. 30 L.R.A. (N.S.) 462. 
 Bridge as disturbance of ferry franchise. 1 
 
 B. R. C. 341. 
 
 4. Establishment, regulation, and 
 protection of. 
 
 License of, see LICENSE, 27. T ?., 
 
 Power of municipality over, see MUNICI- lf ll v f n * a } e 
 PAL CORPORATION, 31. 
 
 Definition. 59 L.R.A. 513; L.R.A.1916D, 
 
 832. 
 Establishment. 59 L.R.A. 515. 
 
 Necessity of. license. 59 L.R.A. 515; 
 L.R.A.1916D, 832. 
 
 FERRIES cont'd 
 
 Authority to establish. 59 L.R.A. 518; 
 L.R.A.1916D, 832. 
 
 Practice. 59 L.R.A. 526. 
 
 Who entitled to. 59 L.R'.A. 528. 
 
 Riparian owner. 59 L.R.A. .VJ8 ; 
 
 L.R.A.1916D, 833. 
 Landings. 59 L.R.A. 535; L.R.A.1916D, 
 
 834. 
 Exclusiveness of right. 59 L.R.A. 538; 
 
 L.R.A.1916D, 834. 
 Regulation and supervision. 59 L.R.A. 542; 
 
 L.R.A.1916D, 834. 
 Transfers and contracts. 59 L.R.A. 543; 
 
 L.R.A.1916D, 834. 
 Rights and duties of ferryman. 59 L.R.A. 
 
 546; L.R.A. 1916D, 834. 
 Extinguishment. 59 L.R.A. 554; L.R.A. 
 
 1916D, 835. 
 
 Power of state or municipality as to inter- 
 national or interstate ferries. 52 
 
 L.R.A.(N.S.) 575. 
 
 5. Ferryman as common carrier. 
 
 Generally. 68 L.R.A. 153. 
 
 Obligation of owner of private ferry. 68 
 
 L.R.A. 154. 
 Obligation of public corporation. 68 L.R.A. 
 
 355. 
 Liability for failure to run boat. 68 L.R.A. 
 
 155. 
 
 Measure of care required. 68 L.R.A. 156. 
 What is within duty of ferryman. 68 
 
 L.R.A. 157. 
 Effect of defect in property. 68 L.R.A. 
 
 160. 
 
 Bond. 68 L.R.A. 160. 
 Liability for acts of lessee, etc. 68 L.R.A. 
 
 160. 
 
 6. Injury to passenger. 
 
 Imputing carrier's negligence to passenger. 
 8 L.R.A. (N.S.) 622. 
 
 7. Rates; tolls. 
 
 Regulation of rates of toll for ferriage. 33 
 
 L.R.A. 180; 59 L.R.A. 543; 6 L.R.A. 
 
 (N.S.) 835; L.R.A.1916D, 834. 
 Power of judiciary to fix rates to be 
 
 charged. 8 L.R.A. (N.S.) 529. 
 Right of ferryman to tolls. 59 L.R.A. 546. 
 Right to take tolls without franchise. 37 
 
 L.R.A. 712. 
 
 *-- 
 
 Begin with this booTc on every law question. 
 
 FERTILIZERS. 
 
 Municipal regulation of manufacture of, aa 
 nuisance. 38 L.R.A. 653. 
 
 As fixtures. 69 L.R.A. 902. 
 
 Express warranty as to, as excluding im- 
 plied warranty. 33 L.R.A. (N.S.) 505. 
 ertilizer in violation 
 of law. 12 L.R.A. (N.S.) 596. 
 
 Validity of contract for sale of, where statu- 
 tory regulations had not been com- 
 plied with. 43 L.R.A.(N.S.) 1109. 
 
 Evidence as to results of use of, upon issue 
 as to breach of warranty as to ingre- 
 dients. L.R.A.1915D, 875.
 
 INDEX TO L.R.A. NOTES. 
 
 565 
 
 FETTERS. 
 
 On prisoner at trial, see CRIMINAL LAW, 
 54. 
 
 FIANCEE. 
 
 Insurable interest in life of, see INSURANCE, 
 30. 
 
 Right to maintain action for seduction of. 
 50 L.R.A. (N.S.) 142. 
 
 As "dependent" within statute or rules de- 
 fining beneficiaries of mutual benefit 
 societies. 51 L.R.A. (N.S.) 726. 
 
 FICTIONS OF LAW. 
 
 Of incorporation to evade law. 1 L.R.A. 
 (N.S.) 176. 
 
 FICTITIOUS NAME. 
 
 See NAME, 8. 
 
 FICTITIOUS PERSON. 
 
 Payment of check to, see BANKS, 25. 
 Use of name of, in negotiable paper, see 
 BILLS AND NOTES, 13, 14. 
 
 Validity of sale by one conducting business 
 under fictitious name. 12 L.R.A. (N.S.) 
 GOO. 
 
 FICTITIOUS RESIDENCE. 
 
 Of children, effect on right to privileges of 
 public schools. 26 L.R.A. 581; 51 
 L.R.A. (N.S.) 234. 
 
 FICTITIOUS SUIT. 
 
 Bringing or inciting the bringing of a false 
 or fictitious suit as contempt. L.R.A. 
 1915B, 689. 
 
 Power of court to decline jurisdiction of. 
 6 B. R. C. 336. 
 
 FIDELITY BOND. 
 
 See BONDS, 11. 
 
 FIDELITY INSURANCE. 
 
 See BONDS, 11. 
 
 Consult also L.R.A. Digests of Cases. 
 
 FIDUCIARY RELATION. 
 
 Application to debt duo bank of deposit in 
 fiduciary character, see BANKS, 18. 
 
 Gifts between persons in, see GIFT, 6. 
 
 Receiver's right to deal with receivership 
 for his own benefit, see RECEIVERS, 
 14. 
 
 Between attorney and client,- see ATTOR- 
 NEYS, 10. 
 
 Between principal and agent, see PRINCIPAL 
 AND AGENT, 33-35. 
 
 Between trustee and cestui que trust, see 
 TRUSTS, 30. 
 
 See also ATTORNEYS; BROKERS; EXECUTORS 
 AND ADMINISTRATORS ; FACTORS ; 
 GUARDIAN AND WARD; HUSBAND AND 
 WIFE; PRINCIPAL AND AGENT; TRUSTS. 
 
 Fraud in expression of opinion in case of. 
 35 L.R.A. 429. 
 
 Effect of, on right to rely on representa- 
 tions. 37 L.R.A. 613. 
 
 False representations as to cost of property 
 where confidential relations exist. 35 
 L.R.A.(N.S.) 182. 
 
 Presumption and burden of proof as to un- 
 due influence respecting gifts inter 
 vivos between persons in. 35 L.R.A. 
 (N.S.) 950. 
 
 Independent advice as condition of valid 
 gift inter vivos between parties occupy- 
 ing confidential relations. 16 L.R.A. 
 (N.S.) 1087. 
 
 Right of person standing in fiduciary rela- 
 tion to relocate mining claim for his 
 own benefit. 50 L.R.A. 184. 
 
 Effect of retaining statement of account 
 between persons in, to render it an 
 account stated. 29 L.R.A. (N.S.) 341. 
 
 Effect of public records as notice or evidence 
 of notice which will set limitations run- 
 ning against action based on fraud 
 when fiduciary relation exists. 22 
 L.R.A.(N.S.) 215. 
 
 Rights of employer and employee with re- 
 spect to things produced by labor of 
 employee. 5 L.R.A. (N.S.) 1154. 
 
 Existence of, as grounds of enforcement in 
 equity of grantee's oral promise to 
 grantor to hold in trust. 39 L.R.A. 
 (N.S.) 906. 
 
 What relations are fiduciary within pro- 
 vision as to discharge in bankruptcy. 
 42 L.R.A. (N.S.) 1093. 
 
 Duty of municipal officer to account for 
 profits made in transaction with mu- 
 nicipality. 48 L.R.A. (N.S.) 842. 
 
 Effect of secret advantage to one member of 
 joint adventure. 50 L.R.A. (N.S.) 
 1046. 
 
 Right of principal or employer to earnings 
 by agerjt or servant who undertakes 
 extraneous work. L.R.A.1916D, 782. 
 
 Weight and sufficiency of evidence to prove 
 knowledge by testator of contents of 
 his will written by one occupying a 
 confidential relation. L.R.A.1918D, 
 776.
 
 566 
 
 INDEX TO L.R.A. NOTES. 
 
 FIERI FACIAS. 
 
 Right to break and enter dwelling to serve 
 writ of. L.R.A.1916D, 283. 
 
 FIGHT. 
 
 Effect of fact that combat was by agree- 
 ment or mutual consent of parties up- 
 on civil liability for assault. 20 L.R.A. 
 (N.S.) 907. 
 
 FILING. 
 
 Of chattel mortgage, see CHATTEL MOET- 
 
 GAGE, 16-22. 
 Of mechanics' lien, see MECHANICS' LIENS, 
 
 VIII. 
 Failure to file tax list, see TAXES, 52. 
 
 First and last days in computing time for. 
 49 L.R.A. 242. 
 
 Delay in filing indictment as ground for 
 discharge of accused. 56 L.R.A. 515. 
 
 Of initiative or referendum petition. 50 
 L.R.A.(N.S.) 220; L.R.A.1917B, 34. 
 
 Validity of fee exacted for filing nomina- 
 tions. L.R.A.1915B, 197. 
 
 FILLING LANDS. 
 
 Power to fill low lands at expense of owner. 
 30L.R.A.(N.S.) 709. 
 
 FILTER. 
 
 Duty of water supply company to filter wa- 
 ter. 24 L.R.A.(N,S.) 304. 
 
 FILMS. 
 
 Motion picture films, see MOVING PICTUBES. 
 
 FILTH. 
 
 Municipal regulation of nuisance of. 38 
 L.R.A. 314. 
 
 FINAL PROCESS. 
 
 Exemption of nonresident from service of, 
 while in state in connection with case. 
 42 L.R.A. (N.S.) 1105. 
 
 Key in irith this fooofc on every laiv question. 
 
 FINANCIAL CONDITION. 
 
 Actionability of charges affecting, see LIBEL 
 AND SLANDER, 16, 17, 26. 
 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 739. 
 Duty of purchaser of corporate stock to 
 
 verify statements made as to financial 
 
 condition of corporation. 14 L.R.A. 
 
 (N.S.) 1176. 
 
 FINDER. 
 
 Rights and liabilities of finder of property. 
 
 37 L.R.A. 116; 1 L.R.A.(N.S.) 477; 
 
 8 L.R.A. (N.S.) 95; 35 L.R.A. 
 
 (N.S.) 979; L.R.A.1916A, 660; 6 
 
 B. R. C. 264. 
 
 What property is lost. 37 L.R.A. 120. 
 Larceny. 37 L.R.A. 121; 30 L.R.A. (N.S.) 
 
 339; L.R.A.1916A, 468. 
 
 Rights inter se of joint finders of lost prop- 
 erty. 19 L.R.A. (N.S.) 1201. 
 
 FINDINGS. 
 
 Reversible error as to, see APPEAL AND 
 
 EBBOB, 40. 
 Admissibility of, in evidence, see EVIDENCE, 
 
 133. 
 In general, see TBIAL, 69. 
 
 Requisites of special verdict. 24 L.R.A. 
 (N.S.) 2. 
 
 FINES. 
 
 1. In 'general. 
 
 By building and loan association, see 
 BUILDING AND LOAN ASSOCIATIONS, 7. 
 
 To enforce orders of Public Service Com- 
 missions. L.R.A.1918E, 311. 
 
 Exemptions as against fines. L.R.A.1915A, 
 3214. 
 
 Right of agent to be reimbursed for fines 
 paid for violation of law in principal's 
 interest. 45 L.R.A. (N.S.) 788. 
 
 Relief of member of labor union from un- 
 lawful fine. 45 L.R.A. (N.S.) 353. 
 
 Right of labor union to impose fine on mem- 
 bers as means of inducing them to join 
 in strike. 23 L.R.A. (N.S.) 1236. 
 
 2. As punishment for crime. 
 
 Effect of pardon on, see CBIMINAL LAW, 
 89. 
 
 Exemption of homestead from liability to. 
 
 24 L.R.A. 790. 
 As cruel or unusual punishment. 35 L.R.A. 
 
 567; L.R.A.1915C, 563. 
 Imprisonment for, as imprisonment for 
 
 debt. 34 L.R.A. 651; L.R.A.1915B, 647. 
 Fining attorney during trial as prejudicing 
 
 rights of party. 42 L.R.A. (N.S.) 428.
 
 INDEX TO L.R.A. NOTES. 
 
 567 
 
 FINGER PRINTS. 
 
 As evidence. 43 L.R.A.(N.S.) 1206; 3 B. 
 R. C. 70. 
 
 FIREARMS. 
 
 Carrying of, see CABEYING WEAPONS. 
 Weapons generally, see WEAPONS. 
 
 Opinion as to caliber or kind of weapon 
 fired based upon its sound. L.R.A. 
 1918A, 729. 
 
 Opinion evidence as to whether firearm has 
 been recently fired. L.R.A.1918A, 670. 
 
 Forfeiture of guns used in violation of the 
 game laws. L.R.A.1916F, 919. 
 
 \Vhat constitutes attempt to discharge fire- 
 arms. 3 B. R. C. 243. 
 
 Negligence in respect to guns and similar 
 dangerous agencies. 14 L.R.A. 675. 
 
 Civil liability for injury by negligent dis- 
 charge of firearms. 4 L.R.A. (N.S.) 
 119; 26 L.R.A. (N.S.) 134; L.R.A. 
 1915E, 267. 
 
 Liability for injury to trespasser by dis- 
 charge of. 3 L.R.A. (N.S.) 1038. 
 
 Liability of person leaving loaded gun where 
 it is found and accidentally discharged 
 by another. 2 B. R. C. 181. 
 
 Pointing unloaded firearm as assault. 15 
 L.R.A. (N.S.) 1272; 41 L.R.A. (N.S.) 
 181. 
 
 Burden of proving that weapon was not 
 loaded in prosecution for assault with 
 firearms. 42 L.R.A. (N.S.) 975. 
 
 Carrier's liability for injury resulting from 
 accidental discharge of firearms by fel- 
 low passenger. 37 L.R.A.(N.S.) 724; 
 49 L.R.A. (N.S.) 810. 
 
 Applicability of doctrine of res ipsa loqui- 
 tur where passenger is injured by fire- 
 arms in hands of another passenger. 
 3 B. R. C. 431. 
 
 Negligence of parent in permitting child to 
 have firearms, or keeping them within 
 his reach. 10 L.R.A. (N.S.) 942. 
 
 Master's liability for wrongful shooting 
 with guns. 27 L.R.A. 197, 201. 
 
 Master's liability for injury done by serv- 
 ant to third person in use of firearms 
 placed in his custody. 10 L.R.A. (N.S. ) 
 375, 396. 
 
 Guns as -deadly weapons. 21 L.R.A. (N.S.) 
 500. 
 
 FIRE DEPARTMENT. 
 
 1. Generally. 
 
 Constitutionality of statutes as to firemen, 
 see CONSTITUTIONAL LAW, 91. 
 
 Giving of free transportation to members 
 of city fire department as an unlawful 
 discrimination. L.R.A.1918D, 908. 
 
 Right of state to control municipal fire de- 
 partment. ]5 L.R.A. (N.S.) 575. 
 
 Consult also L.R.A. Digests of Cases. 
 
 FIRE DEPARTM ENT- -cont'd 
 
 Right of municipality to require theater to 
 
 pay for services of firemen performed 
 
 at the theater or place of exhibition. 
 
 11 L.R.A. (N.S.) 700. 
 Firemen as servants or agents of owner of 
 
 burning property. 39 L.R.A. (N.S.) 
 
 237. 
 Firemen as public officers. 36 L.R.A. (N.S.) 
 
 881. 
 
 2. Exemption of firemen from jury 
 or militia duty. 
 
 Right conferred by statutory exemption of 
 firemen from jury or militia duty. 
 8 L.R.A. (N.S.) 498. 
 
 3. Fund or pension for firemen. 
 
 Validity of law imposing tax on insurance 
 companies for the benefit of firemen. 13 
 L.R.A. (N.S.) 1147. 
 
 Power of legislature to require municipal- 
 ity to pension employees. 34 L.R.A. 
 (N.S.) 608. 
 
 Nature and circumstance of injury as affect- 
 ing right to share in pension or insur- 
 ance fund. 20 L.R.A.(N.S.) 1176. 
 
 Requiring agent of foreign insurance com- 
 pany to contribute to maintenance of 
 firemen's fund. 24 L.R.A. 299. 
 
 Vested right in pension. 50 L.R.A. (N.S.) 
 1019. 
 
 4. Municipal liability for acts of. 
 
 See MUNICIPAL CORPORATIONS, 83. 
 
 5. Liability of fire insurance patrol. 
 
 Liability of fire insurance patro] for in- 
 juries. 21 L.R.A.(N.S.) 810. 
 
 6. Liability for injury to firemen. 
 
 Liability for injury to fireman through de- 
 fects in premises, see NEGLIGENCE, 18. 
 
 Collision between street car and fire ap- 
 paratus, see STREET RAILWAYS, 19. 
 
 Applicability to firemen of Workmen's 
 Compensation Acts. L.R.A.1918F, 191. 
 
 Liability of street railway company for in 
 juries caused by collision with fire ap- 
 paratus. 19 L.R.A. (N.S.) 623; L.R.A. 
 1917E, 415. 
 
 7. Imputing negligence of one fire- 
 man to another. 
 
 Imputing negligence of one fireman to an- 
 other. 8 L.R.A.(N.S.) 632; L.R.A. 
 1915A, 762. 
 
 Imputing negligence of driver of fire ap- 
 paratus to fireman. 19 L.R.A. (N.S.) 
 629; L.R.A.1917E, 422. 
 
 8. Contributory negligence of fire- 
 men. 
 
 Degree of care required of firemen in use 
 of defective or obstructed street. 21 
 L.R.A. (N.S.) 630; 48 L.R.A. (N.S.) 628. 
 
 9. Liability of firemen. 
 
 Liability qf firemen for fall of wall. 34 
 L.R.A. 562.
 
 568 
 
 INDEX TO L.R.A. NOTES. 
 
 FIRE ESCAPES. 
 
 In general, see BUILDINGS, 5. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 170. 
 
 FIRE INSURANCE. 
 
 See INSURANCE. 
 
 FIRE INSURANCE PATROfc. 
 
 Liability of fire insurance patrol for inju- 
 ries. 21 L.RJMN.S.) 810. 
 
 FIRE LIMITS. 
 
 See BUILDINGS, 4. 
 
 FIREMEN. 
 
 See also FIBE DEPARTMENT. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1089. 
 
 FIREMEN'S FUND. 
 
 See FIBE DEPARTMENT, 3. 
 
 FIRES. 
 
 I. In general, 1, 2. 
 II. Liability for loss by, 3-11. 
 
 I. In general. 
 
 1. Generally. 
 
 Arson, see ARSON. 
 
 As to fire limits and fire escapes, see BUILD- 
 INGS, 4, 5. 
 
 Explosions, see EXPLOSIONS AND EXPLO- 
 SIVES. 
 
 Tenant's right to cut wood for, see LAND- 
 LORD AND TENANT, 54. 
 
 Proximate cause of, see PROXIMATE CAUSE, 
 5. 
 
 14 
 
 Appropriation for protection against. 
 L.R.A. 476. 
 
 Effect of destruction of building to termi- 
 nate adjoining owner's easement of 
 support. 19 L.R.A. (N.S.) 883; 46 
 L.R.A. (N.S.) 1021. 
 
 Regulating keeping or storing of combusti- 
 bles. 41 L.R.A. (N.S.) 456. 
 
 Validity of regulations for fire protection 
 other than building regulations. 
 41 L.R.A. (N.S.) 456. 
 
 Begin with this boolc on every law question. 
 
 FIRES, I. cont'd 
 
 Right of taxpayer, in absence of statute. 
 
 to enjoin fire contracts. 3(5 L.R.A. 
 
 (N.S.) 20. 
 Admissibility of evidence of other fires. 32 
 
 L.R.A. (N.S.) 1146. 
 
 2. Liability for Injury in stopping 
 spread of. 
 
 Liability of city for destroying building to 
 stop spread of fire. 19 L.R.A. 197. 
 
 II. Liability for loss by. 
 
 3. Generally. 
 
 Measure of damages for injury by, see DAM- 
 AGES, 68, 73a-75. 
 
 Insurance against, see INSURANCE. 
 
 Proximate cause of loss by, see PROXIMATE 
 CAUSE, 5. 
 
 Who must bear loss from fire before execu- 
 tion of deed to land sold, see VENDOR 
 AND PURCHASER, 6. 
 
 Liability of railroad for, see RAILROADS, 
 77, 78, 86. 
 
 Contributory negligence in case of fire set 
 by railroad engine, see RAILROADS, 
 86. 
 
 Construction and effect of statute giving 
 one who is responsible for the destruc- 
 tion of property by fire, the benefit of 
 insurance effected by owners. 52 
 L.R.A. (N.S.) 203. 
 
 Tenant's implied obligation as to damages 
 by. 04 L.R.A. 651, 657. 
 
 Landlord's liability for loss of tenant's 
 property by fire. 42 L.R.A.(N.S.) 363. 
 
 Diligence of carrier in saving property 
 from. 39 L.R.A.(N.S.) 645. 
 
 Liability where fire results from fall of 
 walls or buildings. 34 L.R.A. 563. 
 
 Violating ordinance as to, as ground for 
 private action. 5 L.R.A. (N.S.) 26]. 
 
 Duty to cut off electric connection in case 
 of fire. 31 L.R.A. (N.S.) 1099. 
 
 Liability for fire set by sparks from chim- 
 ney. 32 L.R.A. (N.S.) 1003. 
 
 Provision exempting carrier from liability 
 for loss occasioned by fire as extending 
 to loss caused by negligence. 6 B. R. C. 
 127. 
 
 Presumption and burden of proof as to 
 carrier's negligence or lack of negli- 
 gence causing loss of goods by fire in 
 case of contract limiting its liability. 
 L.R.A.1915D, 647, 656. 
 
 Carrier's liability for injury by fire result- 
 ing from negligent or meddlesome act of 
 fellow passenger. 37 L.R.A. (N.S.) 725. 
 
 Duty of steam railroad, or street railroad, 
 company to avoid interference with ex- 
 tinguishment of. 12 L.R.A. (N.S.) 382; 
 20 L.R.A. (N.S.) 1110; 39 L.R.A.(N.S-) 
 20. 
 
 Duty to guard against injury to trespass- 
 ing child by. 39 L.R.A. (N.S.) 1058. 
 
 Fire as attractive nuisance. L.R.A. 1917F, 
 1036. 
 
 Contributory negligence of child injured by. 
 L.R.A.1917F, 108.
 
 INDEX TO L.R.A. NOTES. 
 
 569 
 
 FIRES, II. cont'd 
 
 4. Due to. failure to furnish adequate 
 water supply. 
 
 See MUNICIPAL COKPORATIONS, 94; 
 WATERS, 119. 
 
 5. Liability of warehouseman. 
 
 Liability of warehouseman for goods dam- 
 aged or destroyed while stored in build- 
 ing other than that called for by con- 
 tract. 24 L.R.A.(N.S.) 1117. 
 
 Effect of stipulation exempting warehouse- 
 men from loss by fire. 23 L.R.A. (N.S.) 
 3205. 
 
 6. Fires set by servant or independ- 
 ent contractor. 
 
 Liability of master for act of servant in set- 
 ting out fire while clearing land. 47 
 L.R.A.(N.S.) 1116. 
 
 Liability of master for damages by fire 
 started by servant for his own pur- 
 poses but incident to work. 49 L.R.A. 
 (N.S.) 544. 
 
 Employer's liability for injury from inde- 
 pendent contractor's negligent demoli- 
 tion of fire ruins. 65 L.R.A. 853. 
 
 Employer's liability for injury resulting 
 from independent contractor's allowing 
 fire to escape. 65 L.R.A. 853. 
 
 Liability of employer for acts of independ- 
 ent contractor in setting out fire. 65 
 L.R.A. 654; 17 L.R.A. (N.S.) 788; 38 
 L.R.A.(N.S.) 175. 
 
 7. Fire from threshing engine. 
 
 Negligence with respect to spark arresters 
 on threshing machine or similar sta- 
 tionary engines. 1 L.R.A. (N.S.) 530. 
 
 8. Fire from steam roller. 
 
 Liability of municipal corporation for fire 
 set by sparks from steam roller engaged 
 in repairing a street. 6 L.R.A. (N.S.) 
 1094; 20 L.R.A. (N.S.) 654. 
 
 9. Spread of fire. 
 
 Spreading by wind of fires negligently set. 
 20 L.R.A. (N.S.) 92. 
 
 Duty of one not responsible for kindling of 
 fire to prevent its spread from his prem- 
 ises. 6 L.R.A. (N.S.) 882; 45 L.R.A. 
 (N.S.) 215. 
 
 10. liability for setting fires which 
 spread to property of others. 
 
 Liability of railroad for, see RAILROADS, 
 77, 78, 86. 
 
 Generally. 21 L.R.A. 255; 36 L.R.A. (N.S.) 
 194. 
 
 The statutory limitation of liability. 21 
 L.R.A. 256. 
 
 Negligence or .misconduct essential to liabil- 
 ity. 21 L.R.A. 256. 
 
 What is negligence. 21 L.R.A. 258. 
 
 Liability for acts of others. 21 L.R.A. 259. 
 
 Extent of liability. 21 L.R.A. 259. 
 
 General rules. 21 L.R.A. 259. 
 
 Effect of intervening agency. 36 L.R.A. 
 (N.S.) 197. 
 
 Consult also L.R.A. Digests of Cases. 
 
 FIRES, II. cont'd 
 
 Effect of intervening propertv. 21 L.R.A. 
 260. 
 
 Intervening building. 21 L.R.A. 260. 
 
 The effect of distance. 21 L.R.A. 261. 
 
 The effect of time. 21 L.R.A. 261. 
 
 Statutes. 21 L.R.A. 261. 
 
 Regulating prairie fires. 21 L.R.A. 261. 
 
 Timber fires. 21 L.R.A. 262. 
 
 Railroad fires. 21 L.R.A. 262. 
 
 Notice. 21 L.R.A. 262. 
 
 Effect of concurring negligence of third per- 
 son in spreading fire. 17 L.R.A. 36. 
 
 Liability of one responsible for a fire for 
 destruction of property after such fire 
 united with another for which he was 
 not responsible. 48 L.R.A.(N.S.) 700. 
 
 11. To whom liable. 
 
 May one who destroys property defeat an 
 action by the owner upon the ground 
 that the right of action is in the in- 
 surer. 23 L.R.A.(N.S.) 870; L.R.A. 
 1918F, 145. 
 
 FIREWORKS. 
 
 1. Insurance on. 
 
 Validity of insurance on. 40 L.R.A. 847. 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 2. Nuisance or injury by. 
 
 Negligence in displaying. 3 L.R.A. (N.S.) 
 330, 759. 
 
 Liability for injuries caused by discharge 
 of. 16 L.R.A. 395. 
 
 Municipal liability for failure to prevent 
 fireworks on street. 23 L.R.A. (N.S.) 
 643; 42 L.R.A. (N.S.) 863. 
 
 Liability for injury to children from fire- 
 works left accessible to them. 14 
 L.R.A.(N.S.) 586; L.R.A.1917A, 1295. 
 
 Display of fireworks in city streets as nui- 
 sance. 16 L.R.A. (N.S.) 621. 
 
 FIRM. 
 
 See PARTNERSHIP. 
 
 FIRST AND LAST DAYS. 
 
 In computing time, see TIME, 17. 
 
 FISH COMMISSIONER. 
 
 Right of woman to be. 38 L.R.A. 211. 
 
 FISHERIES. 
 
 1. Generally. 
 
 Constitutionality of laws as to, see CONSTI- 
 TUTIONAL LAW, 92.
 
 570 
 
 INDEX TO L.R.A. NOTES. 
 
 FISHERIES cont'd 
 
 Custom as to fishing, see CUSTOM AND 
 
 USAGE, 10. 
 
 License as to, see LICENSE, 28. 
 Penalty as to fishing, see PENALTY, 4. 
 
 Taking of fish as larceny. L.R.A.1918A, 
 
 547. 
 
 Liability of fish warden. L.R.A.1918A, 839. 
 Exercise of power of eminent domain for 
 
 purpose of acquiring fishery right. 
 
 L.R.A.1915E, 443. 
 Discrimination against nonresidents in 
 
 granting license to take fish. 40 L.R.A. 
 
 (N.S.) 285. 
 
 Injunction against fishing in navigable wa- 
 . ters or against interference therewith. 
 
 17 L.R.A.(N.S.) 1236; 38 L.R.A.(N.S.) 
 
 286. 
 Fishing as violation of Sunday laws. 30 
 
 L.R.A. (N.S.) 470. 
 Taking of property for, as a public purpose. 
 
 22 L.R.A. (N.S.) 152. 
 Right to construct fish traps in front of 
 
 riparian property. L.R.A.1918A, 1076. 
 
 2. Right to fish. 
 
 Public right of fishery. 60 L.R.A. 481. 
 In bays of Great Lakes. L.R.A.1918A, 
 1147. 
 
 Grant of exclusive right to individual. 60 
 L.R.A. 487. 
 
 Prescriptive rights. 14 L.R.A. 386; 60 
 L.R.A. 496. 
 
 Kinds of fishery. 60 L.R.A. 499. 
 
 Public regulation. 60 L.R.A. 499. 
 
 How exercised. 60 L.R.A. 507. 
 
 Rights in lakes and ponds. 60 L.R.A. 512. 
 
 Other rights. 60 L.R.A. 514. 
 
 Shell fisheries. 60 L.R.A. 516. 
 
 Extinction. 60 L.R.A. 522. 
 
 Protection of. 60 L.R.A. 523. 
 
 Public right of access to water for purpose 
 of fishing. 41 L.R.A. 268. 
 
 Navigability for purpose of right to fish. 42 
 L.R.A. 324. 
 
 Prescriptive rights of fishery in navigable 
 waters. 14 L.R.A. 386. 
 
 Public right of access to water for fishing. 
 41 L.R.A. 268. 
 
 Right to fish as dependent on navigability 
 of waters. 42 L.R.A. 324. 
 
 Separated from upland. 40 L.R.A. 393. 
 
 Right of way on shore as fishery right. 4 
 L.R.A.(N.S.) 879. 
 
 Right to free fishing in great ponds. 31 
 L.R.A.(N.S.) 434. 
 
 Right of riparian owner on tidal or naviga- 
 ble waters to exclusive fishery. 31 
 L.R.A.(N.S.) 396. 
 
 Nature and extent of right created by pri- 
 vate grant of fishing privilege. 40 
 L.R.A. (N.S.) 302. 
 
 3. Injury to fishing right. 
 
 In improving navigability of stream. 67 
 L.R.A. 846. 
 
 By attempted exercise of rights of naviga- 
 tion. 64 L.R.A. 982. 
 
 As damages from pollution. 33 L.R.A. 
 (N.S.) 74. 
 
 Begin iritli tliis ftoofc on every law question. 
 
 FISHERIES cont'd 
 
 4. Governmental control over right 
 of. 
 
 Generally. 39 L.R.A. 581. 
 As between governments. 39 L.R.A. 582. 
 As between governments and their subdivi- 
 sions. 39 L.R.A. 582. 
 Power to grant rights to individual. 39 
 
 L.R.A. 583. 
 
 Right of individual. 39 L.R.A. 584. 
 Power to interfere with private right- 39 
 
 L.R.A. 584; L.R.A.1916E, 523. 
 Close time. 39 L.R.A. 585. 
 Method of taking fish. 39 L.R.A. 585. 
 Regulation of stream because of fish. 39 
 
 L.R.A. 587. 
 Right to prevent obstruction of stream. 39 
 
 L.R.A. 587. 
 Preservation of fish in public waters. 39 
 
 L.R.A. 588. 
 Statutes which have been passed. 39 
 
 L.R.A. 589. 
 
 Powers of local authorities. 39 L.R.A. 589. 
 Powers of fish officers. 39 L.R.A. 589. 
 Pollution of water. 39 L.R.A. 589. 
 Regulation of lobster fishing. 39 L.R.A. 
 
 590. 
 Regulation of oyster fishing. 11 L.R.A. 
 
 583. 
 Extension of regulations as to shell fishing 
 
 to private beds. L.R.A.1918E, 111. 
 Penalty and its infliction. 39 L.R.A. 590. 
 Joint offense. 39 L.R.A. 590. 
 Intent. 39 L.R.A. 591. 
 
 Constitutional provisions. 39 L.R.A. 591. 
 What discrimination as to persons is per- 
 missible. 26 L.R.A.(N.S.) 794. 
 Discrimination as to waters in legislation 
 
 restricting or regulating fishing rights. 
 
 41 L.R.A. (N.S.) 469. 
 Statutory prohibition 'of pollution of water 
 
 to protect fishery. 1 L.R.A. (N.S.) 
 
 752; 34 L.R.A. (N.S.) 286. 
 Serving fish with meal as violation of game 
 
 law. L.R.A.1917F, 769. 
 Cruel and unusual punishment of offenses 
 
 against laws relating to. 35 L.R.A. 
 
 572; L.R.A.1915C, 566. 
 Forfeiture of personal property used in 
 
 violation of fish laws. L.R.A.1916F, 
 
 913. 
 
 5. Shell fish; oysters. 
 
 Injunction against trespass on oyster beds, 
 
 see INJUNCTIONS, 22. 
 License as to, see LICENSE, 28. 
 
 Taking of shell fish as larceny. L.R.A. 
 
 1918A, 547. 
 Exercise of power of eminent domain for 
 
 purpose of acquiring oyster beds, etc. 
 
 L.R.A.1915E, 443. 
 Public and private rights to take. 60 
 
 L.R.A. 536. 
 Effect of license to plant shell fish. 6 
 
 L.R.A. (N.S.) 247. 
 Extension of regulations concerning, to 
 
 private bed. 12 L.R.A. (N.S.) 869; 
 
 L.R.A.1918E, 111. 
 
 Injunction to restrain trespass upon, or in- 
 terference with, oyster beds. 3 L.R.A. 
 
 (N.S.) 205.
 
 INDEX TO L.R.A. NOTES. 
 
 571 
 
 FISHERIES cont'd 
 
 Injury to rights in, in improving naviga- 
 bility in stream. 67 L.R.A. 846. 
 
 Right to compensation for damages to 
 oyster beds by improvement of navi- 
 gation. 34 L.R.A. (N.S.) 1084. 
 
 6. Nets. 
 
 Prohibition of fishing with nets over pri- 
 vate land. L.R.A.1916E, 523. 
 
 Right to compensation for destruction of 
 fish nets. 19 L.R.A. 197. 
 
 Confiscation of nets found in illegal use. 
 39 L.R.A. 590; 3 L.R.A.(N.S.) 997; 
 L.R.A.1916F, 918. 
 
 FISH NETS. 
 See FISHERIES, 6. 
 
 FISH TRAPS. 
 
 Right to construct, in front of riparian 
 property. L.R.A.1918A, 1076. 
 
 FITNESS. 
 
 Implied covenant in lease as to fitness of 
 premises, see LANDLORD AND TENANT, 
 22. 
 
 Master's duty as to fitness of servants em- 
 ployed, see MASTER AND SERVANT, 
 104, 105. 
 
 Warranty as to, see SALE, 31, 32. 
 
 Right to compel public employee to submit 
 to physical examination to determine 
 fitness. 33 L.R.A. (N.S.) 259. 
 
 Right of court by mandamus to control 
 decision of licensing officers as to fit- 
 ness of applicant for license to sell 
 intoxicating liquors. 27 L.R.A. (N.S.) 
 1195. 
 
 Implied covenant in lease as to fitness of 
 property for purpose intended. 33 
 L.R.A. 449. 
 
 FIXED LIABILITY. 
 
 By bankrupt, what constitutes. 54 L.R.A. 
 360. 
 
 FIXTURES. 
 
 1. In general, 1. 
 II. What are, 2-9. 
 
 I. In general. 
 
 1. Generally. 
 
 As subject of larceny. 49 L.R.A. (N.S.) 
 
 967. 971. 
 
 As appurtenances. 15 L.R.A. 653. 
 Consult also L.R.A. Digests of Cases. 
 
 FIXTURES, I. cont'd 
 
 Right to compensation for fixtures in build- 
 ing taken by condemnation proceed- 
 ings. L.R.A. 1915D, 492. 
 
 Effect of constitutional or statutory pro- 
 vision exempting . "fixtures and erec- 
 tions" for trade, etc. from condemna- 
 tion proceedings. L.R.A.1916A, 1099. 
 
 Agreement between landlord and tenant as 
 to removal of fixtures and improve- 
 ments by latter as affecting third per- 
 son claiming a mechanic's lien.' 45 
 L.R.A. (N.S.) 100. 
 
 Right of third person to remove fixtures 
 as breach of covenant in a deed of real 
 property. 35 L.R.A. (N.S.) 976. 
 
 Ejectment as proper remedy to recover. 
 
 18 L.R.A. 787. 
 
 Loss of, as special damages from breach 
 
 of warranty by existence of unexpired 
 
 lease. 35 L.R.A. (N.S.) 781. 
 Who is liable for taxes on improvements 
 
 removable by tenant at end of term. 
 
 32 L.R.A.(N.S.) 368. 
 
 77. What are. 
 
 2. Generally. 
 
 Are things placed on land with the inten- 
 tion of annexing them fixtures, 
 where they are never actually at- 
 tached. 69 L.R.A. 892. 
 Effect upon the rights of the owner of a 
 building, or of an interest in or a lien 
 thereon, of its wrongful removal and 
 attachment to the land of a third per- 
 son without the former's consent. 14 
 L.R.A.(N.S.) 435. 
 What are, within meaning of bulk sale law. 
 
 34 L.R.A.(N.S.) 218. 
 
 Window fronts as fixtures. 41 L.R.A. (N.S.) 
 1022. 
 
 3. As between landlord and tenant. 
 
 Rights of landlord and tenant as to, see 
 LANDLORD AND TENANT, 48-51. 
 
 Effect of agreement to prevent erections by 
 tenant from becoming part of realty. 
 
 19 L.R.A. 443. 
 
 Removal of fixtures by* tenant as violation 
 of covenant to leave premises in good 
 condition. 64 L.R.A. 662, 
 
 Mortgage on building on leased premises. 
 21 L.R.A. 347. 
 
 Heating apparatus as part of realty, as be- 
 tween landlord and tenant. 1 B. R. C. 
 980. 
 
 Show cases, shelving, etc. 43 L.R.A. (N.S.) 
 677. 
 
 Ornamental articles as fixtures as between 
 landlord and tenant, or tenant and ven- 
 dee. 6 B. R. C. 167 
 
 4. As between vendor and pur- 
 chaser. 
 
 Effect of agreement to prevent fixtures from 
 becoming part of .realty as to pur- 
 chasers. 19 L.R.A. 443. 
 
 Effect of agreement between landlord and 
 tenant for removal of fixtures by lat- 
 ter. L.R.A.1915E, 822.
 
 572 
 
 INDEX TO L.R.A. NOTES. 
 
 !' I \TURES, II. cont'd 
 
 Power of agent employed to soil real prop- 
 erty to bind his principal as to fixtures. 
 L.R.A.1915F, 631. 
 
 Show cases, shelving, etc. 43 L.R.A. (N.S.) 
 675. 
 
 Ornamental articles. 6 B. R. C. 164. 
 
 Effect of chattel mortgage on fixtures as 
 against subsequent purchaser or en- 
 cumbrancer. 15 L.R.A. 01. 
 
 Heating apparatus as part of realty as be- 
 tween grantor and grantee. 1 B. R. 
 C. 972. 
 
 5. As between mortgagor and mort 
 gagee. 
 
 As between seller of chattel and mortgagee 
 of realty, see infra, 7. 
 
 Heating apparatus as part of realty, as 
 between mortgagor and mortgagee and 
 their privies. 1 B. R. C. 974. 
 
 Effect of agreement to prevent fixtures from 
 becoming a part of realty as 
 against prior mortgagees. 19 
 L.R.A. 444. 
 
 Effect of agreement between landlord and 
 tenant for removal of fixtures by latter 
 on rights of mortgagee of premises. 
 L.R.A.1915E, 826. 
 
 Ornamental articles. 6 B. R. C. 165. 
 
 Show cases, shelving, etc. 43 L.R.A. (N.S.) 
 676. 
 
 What articles are included in term fixtures 
 as employed in chattel mortgage. 46 
 L.R.A.(N.S.) 206. 
 
 6. Effect of retention of title to, or 
 lien on, chattel sold. 
 
 Efficacy of chattel mortgage, see CHATTEL 
 MORTGAGE, 24. 
 
 Reservation of title to, or lien upon, chat- 
 tel sold to contractor or materialman, 
 who attaches it as a fixture to realty 
 of a third person. 52 L.R.A. (N.S.) 
 561. 
 
 Rights of seller of fixtures, retaining title 
 thereto or a lien thereon, as 
 against purchasers or encum- 
 brancers of* the realty. 1 B. R. C. 
 664; 7 B. R. C. 207; 49 L.R.A. 
 (N.S.) 396. 
 
 Heating apparatus as part of realty, as be- 
 tween owner of realty and conditional 
 vendor of apparatus. 1 B. R. C. 977. 
 
 7. as against mortgagee of realty. 
 
 Effect of agreement to prevent fixtures from 
 
 becoming part of realty as to 
 
 mortgages. 19 L.R.A. 444. 
 
 Rights of seller of chattel, retaining title 
 
 thereto or a lien thereon, as 
 
 against existing mortgagees of the 
 
 realty to Avhich it is affixed by the 
 
 owner. 37 L.R.A. (N.S.) 119; 1 
 
 B. R. C. 664. 
 
 As against subsequent mortgagee of realty. 
 
 1 B. R. C. 686. 
 
 Recordation of lien on fixtures as personal- 
 ty, as notice to mortgagee of realty. 1 
 B. R. C. 691; 49 L.R.A. (N.S.) 400. 
 
 FIXTURES, II. cont'd 
 8. Machinery. 
 
 Machinery placed on land with intention of 
 annexing it, as a fixture when never 
 actually attached. 69 L.R.A. 894. 
 
 9. Miscellaneous. 
 
 Railroad as. 66 L.R.A. 33. 
 
 Railroad superstructure as real or personal 
 property. 66 L.R.A.' 41. 
 
 Gas stoves as fixtures. 17 L.R.A. (N.S.) 
 699. 
 
 Heating apparatus as part of realty. 1 
 
 B. R. C. 972. 
 
 j Ornamental articles. 6 B. R. C. 161. 
 I Show cases, shelving, etc., as fixtures. 43 
 L.R.A.(N.S.) 675. 
 
 Storm doors and windows and screens as. 
 30 L.R.A. (N.S.) 1189. 
 
 Wharf or dock as fixture. L.R.A.1916A, 
 964. 
 
 Cold-storage plant as. 30 L.R.A. (N.S.) 
 576. 
 
 Engine as fixtures when placed upon the 
 land by the owner of the realtv. 8 
 L.R.A. (N.S.) 376. 
 
 Building materials placed on land with the 
 intention of annexing them, but never 
 in fact annexed, as fixtures. 15 L.R.A. 
 (N.S.) 727. 
 
 Character of building placed by consent on 
 another's land as real or personal prop- 
 erty, in the absence of an agreement as 
 to its character. 14 L.R.A. (N.S.) 439. 
 
 FLAG. 
 
 Statutes against desecration of. 7 L.R.A. 
 
 (N.S.) 1079. 
 Validity of statutory or other regulation 
 
 forbidding display of red flag or other 
 
 symbol tending to incite disorder. 
 
 L.R.A.1915B, 706. 
 
 FLAGGING. 
 
 Mechanics' lien for flagging sidewalks, yards, 
 etc. L.R.A.1917D, 353. 
 
 FLAGMAN. 
 
 At railroad crossing, see Railroads, 33, 
 70. 
 
 As fellow servant. 52 L.R.A. (N.S.) 3104. 
 Liability of railroad company for injury to, 
 
 by passing trains. 48 L.R.A. (N.S.) 
 
 150. 
 
 Begin rt'ith this ftoofc on every law question. 
 
 FLAGSTAFF. 
 
 Municipal liability for injury by flagstaff 
 in street. 20' L.R.A. (N.S.) 607.
 
 INDEX TO L.E.A. NOTES. 
 
 573 
 
 FLAG STATION. 
 
 What is, within meaning of fence laws. 7 
 
 L.R.A.(N.S.) 207. 
 Duty of carrier as to condition of. 39 
 
 L.R.A.(N.S.) 558. 
 Passenger's duty to give notice of desire to 
 
 stop at. 16 L.R.A.(N.S.) 1132; 52 
 
 L.R.A. (N.S.) 668. 
 
 FLAG TRAIN. 
 
 Injury to intending passenger attempting 
 to flag train at flag station. 24 L.R.A. 
 (X.S.) 741. 
 
 FLASH LIGHT POWDER. 
 
 Liability for injury to employee by explo- 
 sion of. L.R.A.1918B, 863. 
 
 FLAT HOUSES. 
 
 As violation of restrictive covenant. 1 B. 
 R. C. 993; 45 L.R.A. (N.S.) 726; L.R.A. 
 3918C, 873. 
 
 FLATS. 
 
 Low land, see WATERS, 45. 
 
 FLAX SEED OIL. 
 
 Right to require that oil offered for sale 
 shall answer a designated standard of 
 purity. 41 L.R.A. (N.S.) 150. 
 
 FLIGHT. 
 
 Homicide in checking of. 67 L.R.A. 299. 
 Presumption of guilt from. 39 L.R.A. 
 
 (N.S.) 58. 
 
 FLOATABLE STREAM. 
 
 See LOGS AND LOGGING. 
 
 FLOATING LOGS. 
 
 Right to use stream for, 
 LOGGING, 4-10. 
 
 see LOGS AND 
 
 FLOODING. 
 
 In general, see WATERS, 46-50, 63, 69. 
 
 Defenses to municipal liability for flooding 
 
 through insufficiency of sewers. Gl 
 
 L.R.A. 708. 
 Duty of owner to protect his premises from 
 
 flooding through drain or sewer. 
 
 L.R.A.1918D, 371. 
 
 FLOODS. 
 
 Liability for injury caused by, generally, 
 see WATERS, 69. 
 
 Contractor's liability to replace bridge de- 
 stroyed by unprecedented flood against 
 which he does not contract. 15 L.R.A. 
 (N.S.) 833. 
 
 Destruction of boom or dam by unprece- 
 dented flood as affecting liability of 
 one under contract to build and main- 
 tain it. 35 L.R.A. (N.S.) 1109. 
 
 Injury by, to property bailed; presumption 
 and burden of proof as to care or neg- 
 ligence. 43 L.R.A.(N.S.) 1187. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by rainfall. 
 49 L.R.A. (N.S.) 198. 
 
 FLOOD WATER. 
 
 See WATERS, 68-71. 
 
 FLOOR. 
 
 Master's liability for injury sustained by 
 servant from falling over nail or bolt 
 projecting from floor. 19 L.R.A. 
 (N.S.) 242. 
 
 FLOORING. 
 
 Employee's right of action for employer's 
 violation of building laws relating to 
 flooring. 9 L.R.A. (N.S.) 378; L.R.A. 
 1915E, 541. 
 
 FLOGGING. 
 
 As cruel punishment. 35 L.R.A. 565. 
 Consult also L.R.A. Digests of Cases. 
 
 FLOUR. 
 
 Sufficiency of selection or designation of 
 part sold out of a larger lot. 2(i 
 L.R.A. (N.S.) 35. 
 
 Carrier's right to make discriminating rate 
 for wheat to be converted into flour to 
 be shipped over its road. 6 L.R.A. 
 (N.S.) 225.
 
 574 
 
 INDEX TO L.R.A. NOTES. 
 
 FLOUR DUST. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 FLOWAGE. 
 
 See WATERS, 46-50, 61. 
 
 FLUMES. 
 
 Conveyance of right in, by grant of water 
 power. 67 L.R.A. 386. 
 
 FLYING SPLINTERS. 
 
 Master's liability for injury by, see MASTER 
 AND SERVANT, 82. 
 
 FLYING SWITCH. 
 
 Negligence in making. 18 L.R.A. 63; L.R.A. 
 1916C, 1033. 
 
 Violation of police ordinance as to, as 
 ground for private action. 5 L.R.A. 
 (N.S.) 242. 
 
 Violation by servant of rule adopted by 
 railway company as evidence of neg- 
 ligence toward one other than servant 
 injured from flying switch. L.R.A 
 1917C, 805. 
 
 FOAL. 
 
 Title to foal of mare sold conditionally. 
 L.R.A. 82. 
 
 17 
 
 F. O. B. 
 
 Effect of contract to ship goods F. 0. B., see 
 SALE, 42. 
 
 Which party is to furnish cars under con- 
 tract to ship goods F. O. B. 6 L.R.A. 
 (N.S.) 928; L.R.A.1917A, 1163. 
 
 FODDER. 
 
 Sufficiency of delivery of, on sale out of a 
 
 larger lot. 26 L.R.A. (N.S.) 31. 
 Liability of vendor in cases of tort for sale 
 
 of unwholesome fodder for cattle. 21 
 
 L.R.A. 140. 
 Fodder furnished contractor for teams as 
 
 material, giving lien on railroad. 35 
 
 L.R.A. (N.S.) 509. 
 
 FOG. 
 
 Effect of, on question of negligence in run- 
 ning train at speed preventing stop- 
 page within distance disclosed by head- 
 light. 39 L.R.A. (N.S.) 980. 
 
 FOLLOWING DECISIONS. 
 
 Of other courts, see COURTS, X. 
 
 FOLLOWING TRUST PROPERTY. 
 
 See TRUSTS, 37. 
 
 FOLLOWING VEIN. 
 
 In mine, see MINES, 8. 
 
 Begin with this booTc on every law question. 
 
 FOOD. 
 
 I. In general, 1-5. 
 II. Particular articles of food, 6-9. 
 
 I. In general. 
 
 1. Generally. 
 
 Constitutionality of statutes regulating, 
 see CONSTITUTIONAL LAW, 94, 95. 
 
 Implied warranty on sale of. 22 L.R.A. 
 195. 
 
 Of fitness. 15 L.R.A. (N.S.) 884; 
 L.R.A.1917F, 472. 
 
 Of fitness of animals sold for slaughter. 
 
 L.R.A.1917D, 823. 
 Husband's liability for food furnished wife. 
 
 65 L.R.A. 530; 47 L.R.A. (N.S.) 279. 
 As a family expense or necessary within 
 
 statute rendering wife or hsr property 
 
 liable therefor. L.R.A.1917F, 861. 
 Municipal regulation as to nuisance affect- 
 
 ing. 38 L.R.A. 335. 
 Validity of statute or ordinance for de- 
 
 struction of food products below pre- 
 
 scribed standard or unfit for use. 29 
 
 L.R.A. (N.S.) 260. 
 Right to regulate time of payment there- 
 
 for as incident to authority to make 
 
 rules and regulations as to testing 
 
 foods. 39 L.R.A. (N.S.) 686. 
 Regulation of price of food as valid exer- 
 
 cise of the war power. 7 B. R. C. 663. 
 Injunction against acts of food commission- 
 
 er which affects sale of foods. 15 
 
 L.R.A. (N.S.) 331. 
 Validity of sale of, in violation of law. 12 
 
 L.R.A. (N.S.) 597. 
 Applicability of Sunday laws to sale of 
 
 food and refreshments. L.R.A. 1917C, 
 
 381. 
 Sale and delivery of food stuffs on Sunday 
 
 as a work of necessity. 18 L.R.A. 
 
 (N.S.) 617.
 
 INDEX TO L.R.A NOTES. 
 
 575 
 
 FOOD, I. cont'd 
 
 Constitutionality of discriminations in 
 statutory regulations concerning food 
 products. 34 L.R.A. (N.S.) 650. 
 
 Combination among produce buyers as mo- 
 nopoly. 12 L.R.A.(N.S.) 150. 
 
 Validity of state inspection laws as applied 
 to commodities in interstate commerce. 
 L.R.A.1916D, 196. 
 
 Agent's criminal responsibility for sale of 
 articles of food that do not comply with 
 statutory requirements. L.R.A.1918D, 
 726. 
 
 Modification of food products as manufac- 
 turing within tax exemption provisions. 
 L.R.A.1917A, 53. 
 
 What is included within exemption of pro- 
 visions and food. L.R.A.1916B, 788. 
 
 .Mechanics' lien for food for men and teams 
 consumed in process of work. 15 L.R.A. 
 (N.S.) 509; L.R.A.1915E, 989. 
 
 Action on contractor's bond for cost of food 
 supplies. 43 L.R.A. (N.S.) 169. 
 
 Action on contractor's bond for cost of 
 food for teams. L.R.A.1915F, 953. 
 
 Disparaging quality of food sold or manu- 
 factured as libel. 48 L.R.A. (N.S.) 
 1216. 
 
 2. Adulteration of. 
 
 Criminal liability for adulteration of, by 
 servant, agent, or partner. 41 L.R.A. 
 656. 
 
 State regulations as affected by Federal 
 pure food law. 47 L.R.A. (N.S.) 985. 
 
 Statutes as to adulteration of vinegar. 49 
 L.R.A.(N.S.) 1209. 
 
 What constitutes adulteration within the 
 food and drugs act. L.R.A.1915B, 
 774. 
 
 Color or flavor. 25 L.R.A. (N.S.) 1234; 
 L.R.A.1915B, 780. 
 
 Prohibition of adulteration of milk. 1 
 L.R.A.(N.S.) 928; L.R.A.1917C, 248. 
 
 Right to require that articles offered for 
 sale shall answer a designated stand- 
 ard of purity. 41 L.R.A. (N.S.) 149. 
 
 Agent's criminal responsibility for sale of 
 adulterated food products. L.R.A. 
 1918D, 726. 
 
 3. Labeling of. 
 
 Validity of police regulation requiring 
 labeling of food. 1 L.R.A.(N.S.) 184; 
 40 L.R.A.(N.S.) 875. 
 
 Does requirement of pure food laws as to 
 labeling apply to small retail packages 
 taken from original package of the 
 manufacturer. 25 L.R.A. (N.S.) 616. 
 
 Statutes as to misbranding of vinegar. 49 
 L.R.A.(N.S.) 1210. 
 
 4. Misbranding. 
 
 Validity of police regulations as to brand- 
 ing articles of food. 1 L.R.A. (N.S.) 
 184; 40 L.R.A. (N.S.) 875. 
 
 Instigation of offense of misbranded food as 
 defense to prosecution. 30 L.R.A. 
 (N.S.) 953. 
 
 State regulations as affected by Federal 
 pure food law. 47 L.R.A. (N.S.) 985. 
 
 Consult also L.R.A. Digests of Cases. 
 
 FOOD, I. cont'd 
 
 Statute as to misbranding of vinegar. 49 
 
 L.R.A. (N.S.) 1210. 
 What constitutes misbranding within pure 
 
 food and drugs laws. L.R.A.1916D, 
 
 169. 
 
 5. Liability for injury by umvliole- 
 someness of, or defects in. 
 
 Liability of packer or vendor to person not 
 in privity for injury from defects in 
 articles of food. 19 L.R.A. (N.S.) 923; 
 48 L.R.A. (N.S.) 219; L.R.A. 1916B, 
 880. 
 
 Liability of vendor in cases of tort for sale 
 of unwholesome food or drug. 21 
 L.R.A. 139. 
 
 Liability for serving unfit food. 40 L.R.A. 
 (NJ3.) 480; L.R.A.1915B, 481. 
 
 Liability of seller for damage to live stock 
 by improper food. L.R.A.1916B, 1108. 
 
 //. Particular articles of food. 
 
 6. Bread. 
 
 Legislative power to fix price of bread. 33 
 
 L.R.A. 182. 
 Power to regulate location or condition of 
 
 bakeries. 26 L.R.A (N.S.) 842: 
 Validity of regulations as to weight of loaf 
 
 of bread. 44 L.R.A. (N.S.) 632. 
 
 6a. Ice cream. 
 
 Regulations affecting ice cream. 41 L.R.A. 
 (N.S.) 150; L.R.A.1917B, 207. 
 
 7. Meat. 
 
 Validity of state statute regulating in- 
 spection of meat which is subject of 
 interstate commerce. 27 L.R.A. (N.S.) 
 677. 
 
 Agent's criminal responsibility for sale of 
 meat that does not comply with statu- 
 tory requirements. L.R.A.1918D, 726. 
 
 8. Milk. 
 
 Constitutionality of statutes regulating, sec 
 
 CONSTITUTIONAL LAW, 95. 
 License of peddler, see LICENSE, 34. 
 
 Validity of regulations as to milk. L.R.A. 
 1917C, 243. 
 
 Validity and construction of regulations as 
 to infected milch cattle. 43 L.R.A. 
 (N.S.) 1072. 
 
 Agent's criminal responsibility for sale of 
 milk not complying with statutory re- 
 quirements. L.R.A.1918D, 726. 
 
 9. Oleoinargarin. 
 
 Use of coloring matter in, as adulteration. 
 
 25 L.R.A.(N.S.) 1234. 
 Constitutionality of discrimination in 
 
 statutory regulations concerning. 34 
 
 L.R.A. (N.S.) 651. 
 Ignorance that article furnished as batter 
 
 is oleomargarin as a defense. 32 
 
 L.R.A. (N.S.) 746.
 
 576 
 
 TO L.R.A. NOTES. 
 
 FOOD, II. cont'd 
 
 Applicability of oleomargarin statutes 
 where resemblance to butter results 
 from choice of ingredients, and not 
 from the introduction of foreign color- 
 ing matter. 14 L.R.A. (N.S.) 10G2; 
 L.R.A.1915A, 757. 
 
 Validity of police regulations as to brand- 
 ing or labeling. 40 L.R.A. (N.S.) 879. 
 
 Agent's criminal responsibility for sale of 
 oleomargarin in violation of statute. 
 L.R.A.1918D, 726. 
 
 10. V in ej> a P. 
 
 Constitutionality and construction of stat- 
 utes in relation to vinegar. 49 
 L.R.A.(N.S.) 1206. 
 
 FOOD COMMISSIONER. 
 
 Injunction against acts of food commis- 
 sioner which affect sale of foods. 15 
 L.R.A.(N.S.) 331. 
 
 FOOT AND MOUTH DISEASE. 
 
 Liability of carrier for loss of livestock by, 
 contracted during transit. 26 L.R.A. 
 
 (N.S.) 712. 
 
 FOOTPATH. 
 
 Liability for dangerous condition of prem- 
 ises across which footpath is allowed. 
 26 L.R.A. 688. 
 
 Use of, by bicyclists. 47 L.R.A. 296. 
 
 Nondelegability of duty to protect servant 
 from defects in. 54 L.R.A. 77. 
 
 Employer's liability for injuries due to acts 
 of independent contractor in delivering 
 goods through openings in. 65 L.R.A. 
 844. 
 
 FOOTPRINTS. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 732. 
 
 FORAGE. 
 
 Validity of sale of, in violation of law. ]2 
 L.R.A.(N.S.) 597. 
 
 FORBEARANCE cont'd 
 
 Merc forbearance to sue as consideration 
 for promise by third person to pav ex- 
 isting obligation. 19 L.R.A.(N.S.) 
 842. 
 
 FORBEARANCE. 
 
 FORCE. 
 
 As element of assault and battery, see AS- 
 SAULT AND BATTERY, 2. 
 
 In recapture of property, see ASSAULT AXD 
 BATTERY, 5. 
 
 What force sufficient to constitute robbery, 
 see ROBBERY, 5. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 696. 
 
 Homicide by use of undue force in making 
 arrest. 67 L.R.A. 297. 
 
 Effect of fact that intercourse was accom- 
 plished by force to defeat action for 
 seduction. 18 L.R.A. (N.S.) 587. 
 
 Bailee's right to assert against bailor hos- 
 tile, adverse, paramount title of third 
 person where property is taken from 
 him by force. 33 L.R.A.(N.S.) 688. 
 
 FORCED MARRIAGE. 
 
 Cohabitation as ratification of. 27 L.R.A. 
 (N.S.) 805. 
 
 FORCIBLE DISPOSSESSION. 
 
 Liability of landlord for damages for forci- 
 bly dispossessing tenant after expira- 
 tion of term. 11 L.R.A. (N.S.) 468. 
 
 FORCIBLE ENTRY AND DETAINER. 
 
 1. Generally. 
 
 Recovery of possession from tenant, see 
 LANDLORD AND TENANT, 94, 1)5. 
 
 Availability of defense of equitable estop- 
 pel in action of. 49 L.R.A. (N.S.) 778. 
 
 Injunction against dispossession in case of. 
 30 L.R.A. 129. 
 
 Judgment against plaintiff in forcible entry 
 and detainer involving boundary as es- 
 tablishing boundary claimed by de- 
 fendant. 38 L.R.A. (N.S.) 1024. 
 
 Denial of tenancy as waiver of notice to 
 quit, or of demand of possession. 25 
 L.R.A.(N.S.) 104. 
 
 Right to prove fraud in title in proceedings 
 of summary nature to recover posses- 
 sion of property demised. 11 L.R.A. 
 (N.S.) 260. 
 
 2. What constitutes. 
 
 Merc display of invalid process without ac- 
 tual force or threats, as ground of ac- 
 Release of surety by, see PRINCIPAL AND tion of forcible entry and detainer. 37 
 
 SURETY, 14-16. L.R.A. (X.S.) 600. ' 
 
 Begin ivlth this boo/.- on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 577 
 
 FORCIBLE ENTRY AND DETAINER 
 
 cont'd 
 3. Who may maintain. 
 
 Right of one who was in peaceable posses- 
 sion to maintain forcible entry and de- 
 tainer against another entitled to pos- 
 session, who forcibly dispossessed him. 
 8 L.R.A. (N.S.) 426; 32 L.R.A.(N.S.) 
 51; L.R.A.1918B, 670. 
 
 Right of tenant to maintain action to secure 
 possession. L.R.A. 1918A, 56. 
 
 4. Liability for. 
 
 Liability of landlord who brings an un- 
 founded action to dispossess tenant. 
 L.R.A.1918C, 323. 
 
 landlord's liability to tenant for forcible 
 expulsion after termination of tenancy. 
 16 L.R.A. 798. 
 
 Civil liability for assault in regaining pos- 
 session of land by one entitled to pos- 
 session. 17 L.R.A. (N.S.) 4.55. 
 
 FORCIBLE EXPULSION. 
 
 Of tenant after termination of tenancy, 
 landlord's liability for. 16 L.R.A. 798. 
 
 FORD. 
 
 Liability for loss of life or property at 
 ford. 46 L.R.A.(N.S.) 229. 
 
 FORECLOSURE. 
 
 Of mortgage, see MORTGAGE, VII. 
 
 *-*-* 
 
 FOREIGN ATTACHMENT. 
 
 Attachment generally, see ATTACHMENT. 
 
 Against executor or administrator. 47 
 L.R.A. 356. 
 
 FOREIGN CARS. 
 
 Master's duty as to inspection of. 41 L.R.A. 
 
 101. 
 Attachment or garnishment of. 64 L.R.A. 
 
 501; 16 L.R.A. (N.S.) 1026; L.R.A. 
 
 1915D, 838. 
 
 FOREIGN CHARITIES. 
 
 Validity of bequest for. 37 L.R.A. (N.S.) 
 909. 
 
 FOREIGN CORPORATIONS. 
 
 See CORPORATIONS, XI. 
 
 Consult also L.R.A. Digests of Cases. 
 
 FOREIGN COUNTRY. 
 
 Admiralty jurisdiction of things done in. 
 66 L.R.A. 197. 
 
 FOREIGNER. 
 
 As to aliens, see ALIENS. 
 
 As to nonresidents, see NONRESIDENTS. 
 
 Duty of master as to instructing and warn- 
 ing servant unable to understand Eng- 
 lish. 23 L.R.A.(N.S.) 296. 
 
 Liability of master as affected by inability 
 of fellow servant to understand Eng- 
 lish. 20 L.R.A. (N.S.) 39. 
 
 Admiralty jurisdiction of contracts between. 
 66 L.R.A. 238. 
 
 FOREIGN EXECUTORS AND ADMIN- 
 ISTRATORS. 
 
 See EXECUTORS AND ADMINISTRATORS, 60, 
 61. 
 
 FOREIGN GUARDIAN. 
 
 Necessity of bond to make acts of, 'valid. 
 33 L.R.A. 760. 
 
 FOREIGN INSURANCE COMPANY. 
 
 See INSURANCE, 6-8. 
 
 FOREIGN JUDGMENT. 
 
 See JUDGMENT, 66-73. 
 
 FOREIGN JURISDICTION. 
 
 Malicious prosecution in bringing civil ac- 
 tion in. L.R.A.1917B, 752. 
 
 FOREIGN LANGUAGE. 
 
 i Publication of official notices in. 14 L.R.A. 
 64. 
 
 Sufficiency of indictment for forging instru- 
 ment written in a foreign language. 
 31 L.R.A. (N.S.) 226. 
 
 Unfair competition by adoption of descrip- 
 tive word from. ' 32 L.R.A. (N.S.) 443. 
 
 FOREIGN LAWS. 
 
 Application of, see CONFLICT OF LAWS. 
 Judicial notice of, see EVIDENCE, 3. 
 
 37
 
 578 
 
 FOREIGN LAWS cont'd 
 
 INDEX TO L.R.A. NOTES. 
 
 FOREMAN cont'd 
 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 20. 
 Oral proof of, see EVIDENCE, 119. 
 
 Mistake as to law of another state or coun- 
 try as one of law or of fact. 46 L.R.A. 
 (JUS.) 174. 
 
 False representation of, as basis for fraud 
 action. L.R.A.1915A, 675. 
 
 FOREIGN MARRIAGES. 
 
 Presumption as to. 16 L.R.A.(N.S.) 101. 
 
 FOREIGN MONEY. 
 
 As medium of payment, see PAYMENT, 10. 
 
 Negotiability of note payable in. 20 L.R.A. 
 481. 
 
 FOREIGN PORT. 
 
 Maritime lien for supplies furnished in. 70 
 L.R.A. 399. 
 
 What ports are foreign for purposes of mar- 
 itime lien. 70 L.R.A. 412. 
 
 FOREIGN RECEIVERS. 
 
 See RECEIVERS, 27. 
 
 FOREIGN REPRESENTATIVES. 
 
 SeeJ^XECUTORS A^D ADMINISTRATORS. 60, 
 61. 
 
 Necessity that return of indictment be made 
 by foreman of grand jury. 26 L.R.A. 
 (N.S.) 684. 
 
 Authority of, to contract for services of 
 other ' persons. L.R.A.1D18F, 58. 
 
 Duty of foreman to warn track employees 
 
 of approach of train or car. 
 1916F, 560. 
 
 L.R.A. 
 
 Grounds or justification for discharge of. 
 L.R.A. 1918C, 1030. 
 
 FORESTER. 
 
 Right of woman to be. 38 L.R.A. 211. 
 
 FOREST RESERVATION. 
 
 See PUBLIC LANDS, 6. 
 
 FOREIGN SOVEREIGN. 
 
 Jurisdiction of suit against. 16 L.R.A. (N. 
 S.) 276. 
 
 FOREIGN WILLS. 
 
 Probate of, see WILLS, 56. 
 
 FOREIGN WORD. 
 
 As trademark, see TRADEMARKS, 2a. 
 
 FOREMAN. 
 
 As fellow servant, see MASTER AND SERV- 
 ANT, III. d, 3. (N.S.) 185. 
 Begin with this book on every law question. 
 
 FORFEITURE. 
 
 1. Generally. 
 
 Of bail bond, see BAIL AND RECOGNIZANCE, 
 10. 
 
 Of charter or franchise of corporations, sec 
 CORPORATIONS, IX. 
 
 For breach of condition subsequent, see CON- 
 DITIONS, 7, 11. 
 
 For breach of covenant, see COVENANTS, 
 20, 24. 
 
 Effect of pardon on, see CRIMINAL LAW, 
 89. 
 
 Effect of the use of the word "forfeiture" 
 upon penalty or liquidated damages. 
 50 L.R.A. (N.S.) S'JO. 
 
 As cruel and unusual punishment. 35- 
 L.R.A. 569; L.R.A.1915C, 565. 
 
 Compulsorv evidence against one's self in- 
 case of. 29 L.R.A. "813. 
 
 Garnishment of claims subject to. 59 1 
 L.R.A. 365. 
 
 Effect of pardon on. 15 L.R.A. 395. 
 
 Validity of promissory note given as for- 
 feit to an invalid oral agreement with- 
 in statute of frauds. 18 L.R.A. 142. 
 
 Judgment in criminal action as bar to civil 
 action to enforce. 11 L.R.A. (N.S. ) 
 667. 
 
 Jurisdiction of equity when only relief 
 sought is injunction or receiver to pre- 
 serve status quo pending action before 
 other tribunal to enforce a forfeiture. 
 38 L.R.A. (N.S.) 231. 
 
 2. In what cases. 
 
 In case of partly performed contract for 
 services. 24 L.R.A. 231. 
 
 For taking or reserving of illegal interest 
 
 by national bank. 56 L.R.A. (>7-'5. 
 On conditional sale. 32 L.R.A. 469. 
 For violation of revenue laws. 2 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 579 
 
 FORFEITURE cont'd 
 
 Forfeiture of rights or interests of innocent 
 persons in property used in viola- 
 tion of law. L.R.A.1916E, 343. 
 
 Forfeiture of personal property used in vio- 
 lation of the game or fish laws. 
 L.R.A.1916F, 913. 
 
 For nonpayment of taxes, necessity and 
 sufficiency of notice. L.R.A.191GE, 39. 
 
 3. Of particular rights, privilege, or 
 property. 
 
 Of charter or franchise of corporations, see 
 
 CORPORATIONS, IX. 
 
 Of franchise generally, see FRANCHISES, 5. 
 
 Of corporate stock, see CORPORATIONS, 72. 
 
 Equitable relief against forfeiture of es- 
 tate, see EQUITY, 18. 
 
 Of gift, see GIFT. 16. 
 
 Of insurance policy, see INSURANCE, 106- 
 108. 
 
 Of liquor license, see INTOXICATING LI- 
 QUORS. 15. 
 
 Of lease generally, see LANDLORD AND TEN- 
 ANT, 34, 35. 
 
 Of license of private person, see LICENSE, 
 10, 11. 
 
 Of mining location, see MINES, 23, 26. 
 
 Of oil and gas lease, see MINES, 38. 
 
 Provision in will for forfeiture by contest- 
 ing same, see WILLS, 86. 
 
 Relief against forfeiture for noncompliance 
 with condition in will, see WILLS, 90. 
 
 Of right to standing timber conveyed with- 
 out conveying title to the land. 55 
 L.R.A. 525. 
 
 Of rights in water by nonuser. 41 L.R.A. 
 758. 
 
 Of railway grant for cutting of timber. 70 
 L.R.A. 882. 
 
 Of corporate stock. 27 L.R.A. 305. 
 
 Of gifts made to secure location of public 
 buildings, etc. 13 L.R.A. 698. 
 
 Of copartner's right to compensation for 
 services. 17 L.R.A. (N.S.) 415. 
 
 Of master's right to earnings of employee 
 by failure to assert. 5 L.R.A. (N.S.) 
 116!). 
 
 Of license by aiding infringement of, or at- 
 tempt to defeat patent. 37 L.R.A. (N. 
 S.) 821. 
 
 Of property found in bawdyhouse. 52 
 L.R.A.(N.S.) 932. 
 
 Validity of statute or ordinance providing 
 for forfeiture of liquor license upon 
 conviction for violation of law irre- 
 spective of appeal. 29 L.R.A. (N.S.) 
 417. 
 
 Of payment to building and loan associa- 
 tions. 29 L.R.A. 131. 
 
 Effect of default in payment followed by re- 
 scission, as forfeiture of payments al- 
 ready made. 3 L.R.A. (N.S.) 785. 
 
 Conviction as a condition of forfeiture of 
 weapons. 4 L.R.A. (N.S.) 358. 
 
 Necessity of calling accused and entering 
 his default in order to sustain forfei- 
 ture of recognizance. 5 L.K.A.(N.S.) 
 402. 
 
 Consult also L.R.A. Digests of Cases. 
 
 FORGERY. 
 
 /. Forgery as a crhnf, 1-f). 
 
 a. In general, 1-4. 
 
 b. What constitutes, 5, 6. 
 
 c. What subject of, 7-9. 
 II. Civil rights arising from forgery, 
 
 10, 11. 
 
 I. Forgery as a crime. 
 a. In general. 
 
 1. Generally. 
 
 Indictment for, see INDICTMENT; INFORMA- 
 TION, AND COMPLAINT. 20. 
 
 Committing forgery as affecting the offense 
 of obtaining money or goods by false 
 pretenses or confidence game. L.R.A. 
 1918F, 242. 
 
 What connection with or participation in 
 forgery is sufficient to render one guilty 
 of forgery. L.R.A. 1916F, 1254. 
 
 Criminal liability for agent's act in. 41 
 L.R.A. 652. ' 
 
 Instigation to put away forged instru- 
 ments. 25 L.R.A. 345. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recogni/anee. 
 38 L.R.A. (N.S.) 321. 
 
 Necessity of setting out copy of forged in- 
 strument in indictment. 31 L.R.A. (N. 
 S.) 215. 
 
 Necessity of naming person to whom in- 
 strument was passed. 31 L.R.A. (N.S.) 
 1046. 
 
 Illegal intent of prosecutor as affecting 
 guilt of obtaining property by arrest 
 for. 17 L.R.A. (N.S.) 277.. 
 
 Effect of misspelling name of person whose 
 signature is charged to have been 
 forged. 27 L.R.A. (N.S.) 1003. 
 
 Acquittal of larceny as bar to prosecution 
 for forgery in same transaction. 4 
 L.R.A. (N.S.) 402. 
 
 What intoxication will excuse. 36 L.R.A. 
 470. 
 
 Presumption as to time of alteration in 
 written instrument. 39 L.R.A. (N.S.) 
 100. 
 
 2. Several offenses from one act. 
 
 Several offenses growing out of same facts. 
 
 31 L.R.A. (N.S.) 725, 730. 
 Conviction and punishment of both forging 
 
 and uttering in one prosecution. 16 
 
 L.R.A. (N.S.) 561. 
 
 3. forgery of different instruments 
 at one time as one or more crimes. 
 
 Uttering.. 61 L.R.A. 819. 
 
 Possession of forged instruments. 61 
 L.R.A. 820. 
 
 Forging, and uttering forged, instru- 
 ments. 61 L.R.A. 821. 
 
 Forgery. 61 L.R.A. 822. 
 
 4. Evidence. 
 
 Proof of corpus delicti in prosecution for. 
 
 68 L.R.A. 56, 70, 71, 72. 
 Evidence of other crimes in prosecution for. 
 
 62 L.R.A. 224, 24!'. 28!), 319, 324; 43 
 
 L.R.A. (N.S.) 754.
 
 680 
 
 INDKX. TO L.R.A. NOTES. 
 
 FORGERY, I. a cont'd 
 
 Admissibility, upon issue of forgery, of 
 declarations .out of court by person 
 whose name is charged to have been 
 forged. 28 L.R.A.(N.S.) 240. 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence. 69 L.R.A. 204. 
 
 b. What constitutes. 
 
 % 5. Generally. 
 
 Necessity and degree of similitude essential 
 to forgery. L.R.A.101SB, 1102. 
 
 What constitutes uttering or publishing. 
 8 L.R.A. (N.S.) 1175. 
 
 Bv raising amount of negotiable paper. 22 
 L.R.A. 686. 
 
 By false assumption of authority in sign- 
 ing another's name as agent for him. 
 31 L.R.A. 831. 
 
 Fraudulently procuring genuine signature 
 as forgery. 26 L.R.A. (N.S.) 138. 
 
 Is the making of a false instrument within 
 a criminal statute directed against the 
 false making of an instrument. 5 
 L.R.A.(N.S.) 375; L.R.A.1918C. 1195. 
 
 Deed signed under false impression induced 
 By : fraud as to its contents or charac- 
 ter as a forgery. 36 L.R.A. (N.S.) 540. 
 
 tOf recommendations or letters of introduc- 
 tion! 1 L.R.A.(N.S.) 730. 
 
 I ' !.- 
 
 g 6. Making or altering mere memo- 
 randum. 
 
 The general rule. 54 L.R.A. 794. 
 Application to particular kinds of memo- 
 randa. 54 L.R.A. 795. 
 
 c. What subject of. 
 
 g 7. Generally. 
 
 Order for goods in carrier's possession as 
 
 subject of forgery. 32 L.R.A.(X.S-) 
 
 338. 
 Testimonial as to character. 4 L.R.A. (N. 
 
 S.) 1126. 
 
 8. Worthless instruments. 
 
 The general rule. 24 L.R.A. 33. 
 
 What constitutes legal efficacy. 24 L.R.A. 
 34. 
 
 Instruments void on their face. 24 L.R.A. 
 38. 
 
 Efficacy which is apparent only. 24 L.R.A. 
 ; ' :36: 
 
 Real efficacy not apparent. 24 L.R.A. 42. 
 
 Instruments requiring further steps to per- 
 fect them. 24 L.R.A. 43. 
 
 Naked and conditional promises. 24 L.R.A. 
 43. 
 
 Instruments not in statutory form. 24 
 L.R.A. 44. 
 
 Prohibited instruments. 24 L.R.A. 44. 
 
 Unstamped instruments. 24 L.R.A. 44. 
 
 Instruments executed in fictitious name. 
 24 L.R.A. 45. 
 
 9. Order or request for goods. 
 
 Distinction between "order" and "request." 
 
 32 L.R.A. (N.S.) 327. 
 Defective . instruments. 32 L.R.A. (N.S.) 
 
 334. 
 
 FORGERY cont'd 
 //. Civil riyhts arising from forgery. 
 
 10. Generally. 
 
 Alteration of instruments generally, see AL- 
 TERATION OF INSTRUMENTS. 
 
 Payment by bank of forged check or in- 
 dorsement thereof, see BANKS, 24, 
 25, 29. 
 
 Use of fictitious name in commercial paper, 
 see BILLS AND NOTES, 13. 
 
 Note payable to impostor, see BILLS AND 
 NOTES, 14. 
 
 Liability on forged paper, see BILLS AND 
 NOTES, 16. 
 
 Indorsement of forged paper, see BILLS AND 
 NOTES, 32a. 
 
 Forgery of check generally, see CHECKS, 
 12. 
 
 Forged issue of corporate stock, see COR- 
 PORATIONS, 69. 
 
 Of receipt, see RECEIPT, 2. 
 
 Liability for transmitting or delivering 
 forged telegram, see TELEGRAPHS, 16. 
 
 Forgery as ground for injunction against 
 judgment. 31 L.R.A. 756. 
 
 Liability of corporation for forgery by its 
 officers in issue of stock. 19 L.R.A.- 
 331. 
 
 Liability as between corporation and one 
 acting in good faith to whom it issues 
 new certificate of stock on forged au- 
 thority. 2 B. R. C. 528. 
 
 Liability of telegraph company for trans- 
 mission or delivery of forged message. 
 65 L.R.A. 805. 
 
 Right of alleged fraudulent grantee to show 
 that . judgment against grantor was 
 based on forged instrument. 67 L.R.A. 
 601. 
 
 As affecting question whether commercial 
 paper operates as payment of debt. 35 
 L.R.A.(N.S.) 72. 
 
 Transfer of stock in reliance on forged cer- 
 tificate. 45 L.R.A.(N.S.) 1077. 
 
 Effect of forgery on registration of title 
 under the Torrens Law. L.R.A.1916D, 
 74. 
 
 11. Ratification of forged instru- 
 ment. 
 
 Conflict of authority. 36 L.R.A. (N.S.) 
 1007. 
 
 Receiving proceeds of forgery. 36 L.R.A. 
 (N.S.) 1017. 
 
 Of forgery of signature on commercial pa- 
 per. *36 L.R.A. 539. 
 
 Paying interest on forged mortgage as es- 
 toppel to question the mortgage. 41 
 L.R.A.(N.S.) 740. 
 
 Begin ivith tJiift boo7c on ever;/ law question. 
 
 FORGETFULNFSS. 
 
 Right to recover back overpayment made in 
 forgetfulness of previous payments. 24 
 L.R.A.(N.S.)' 51!). 
 
 As excuse for contributory negligence of 
 person injured by defect in street. 21 
 L.R.A.(N.S.) 65f; 48 L.R.A. (N.S.) 637.
 
 INDEX TO L.R.A. NOTES. 
 
 581 
 
 FORGETFULNESS cont'd 
 
 Of obstacle or defect as contributory negli- 
 gence. 39 L.R.A. (N.S.) 896. 
 
 Contributory negligence in failing to re- 
 member dangerous conditions. 41 
 L.R.A.(N.S.) 79. 
 
 As ground for setting aside default judg- 
 ment. 43 L.R.A. (N.S.) 930. 
 
 By trainman, of danger of injury from over- 
 head structures. 47 L.R.A. (N.S.) 494. 
 
 Proof of will where attesting witnesses 
 have forgotten circumstances attend- 
 ing its execution. 51 L.R.A. (N.S.) 
 927. 
 
 FORKS. 
 
 Master's liability for injury by defect in. 
 13 L.R.A. (N.S.) 678. 
 
 FORMAL REQUISITES. 
 
 Of contract, see CONTRACTS, 25-59. 
 Of indictment, see INDICTMENT, INFORMA- 
 TION, AND COMPLAINT, 10-12. 
 
 FORMA PAUPERIS. 
 
 Right to sue in forma pauperis at common 
 
 law or in the absence of a statute. 
 
 L.R.A.1918B, 319. 
 Right of executor or administrator to sue, 
 
 defend, or appeal in forma pauperis. 
 
 68 L.R.A. 418. 
 
 -- 
 
 FORMER CONVICTION. 
 
 See PREVIOUS CONVICTION. 
 
 FORMER JEOPARDY. 
 
 See CRIMINAL LAW, 59-64. 
 
 FORMER OWNER. 
 
 Admissibility of declarations of, see EVI- 
 DENCE, 233. 
 
 FORMER SUIT PENDING. 
 
 As ground of abatement, see ABATEMENT 
 AND REVIVAL, 5-7. 
 
 FORMER TESTIMONY. 
 
 See EVIDENCE, 243-245. 
 
 Consult also L.R.A. Dicjests of Cases. 
 
 FORM OF ACTION. 
 
 See ACTION OR SUIT, 5, 6. 
 
 4 
 
 FORMULA. 
 
 Payment for corporate stock with unpat- 
 ented formula. 16 L.R.A. (N.S.) 520. 
 
 FORNICATION. 
 
 Actionability of words charging, see LIBEL 
 
 AND SLANDER, 12. 
 See also ADULTERY. 
 
 Evidence of other crimes in prosecution for. 
 
 62 L.R.A. 329. 
 Truth of charge of, as a defense to a civil 
 
 action for libel or slander. 31 L.R.A. 
 
 (N.S.) 146. 
 Cruel and unusual punishment of. 35 
 
 L.R.A. 572. 
 Former jeopardy in case of. L.R.A.1915A, 
 
 256. 
 Acquittal of one of the parties, as bar to 
 
 prosecution of the other. 49 L.R.A. 
 
 (N.S.) 479. 
 
 FORTHCOMING BOND. 
 
 See LEVY AND SEIZURE, 16. ,.} , 
 
 -- 
 
 FORTUNE TELLING. 
 
 Prohibition of fortune telling and kindred 
 superstitions. 43 L.R.A. (N.S,) 
 203. 
 
 FORUM NON CONVENIENS. 
 
 Right of court to decline jurisdiction of suit 
 on ,ground that another forum is more 
 appropriate or convenient 6 B. R. C. 
 345. 
 
 -*-- 
 
 FORWARDING COMPANIES. 
 
 Character of, as common carriers. 42 L.R.A. 
 
 (N.S.) 902. 
 Provision exempting carrier from liability 
 
 except as "forwarder" as extending to 
 
 loss caused by negligence. 6 B. R. C. 
 
 131. 
 
 FOSTER CHILD. 
 
 Insurable interest jn life of. 46 L.R.A. 
 
 (N.S.) 779. 
 As beneficiary under contract of benefit 
 
 association. L.R.A.1916B, 905.
 
 582 
 
 INDEX TO L.R.A. NOTES. 
 
 FOSTER PARENT. 
 
 InsuraW.- interest in life of. 46 L.R.A. 
 (N.S.) 779. 
 
 FOUL AIR. 
 
 Driving against neighbor's windows as nui- 
 sance. 9 L.R.A.(N.S.) 695. 
 
 FOUNDATION. 
 
 Laving foundation for impeachment of own 
 
 witness. "21 L.R.A. 428. 
 Sufficiency of, for opinion of witness to 
 
 handwriting. 63 L.R.A. 966. 
 
 FOWLS. 
 
 Duty of railroad as to fowls upon tracks. 
 
 *47 L.R.A. (N.S.) 1125. 
 Injunction to prevent trespass of. 48 L.R.A. 
 
 (N.S.) 179. 
 
 Right to kill dogs killing or worrying fowls. 
 19 L.R.A. (N.S.) 838; L.R.A.1915C, 361. 
 
 FOX. 
 
 Liability for injury by. 52 L.R.A. (N.S.) 
 379. 
 
 FRACTION OF DAY. 
 
 See TIME, 14. 
 
 FRACTURE. 
 
 Dutv of physician called to reduce. 12 
 
 L.R.A. (N.S.) 752. 
 Liability of physician or surgeon for fail- 
 
 ure to diagnose. 28 L.R.A. (N.S.) 136. 
 
 FRAME BUILDINGS. 
 
 Municipal power over, as nuisances. 39 
 L.R.A. 170. 
 
 FRANCHISE. 
 
 1. Generally. 
 
 Of corporations, generally, see CORPORA- 
 TIONS, 7. 
 
 Elective franchise, see ELECTIOXS, I. 
 Of electric companies, see ELECTRICITY, 9. 
 To operate ferry, see FERRIES, 2, 3. 
 
 FRANCHISE cont'd 
 
 Street franchise, see HIGHWAYS, 21-32. 
 Of railroad company, see RAILROADS, 3. 
 Of street railway company, see STREET 
 
 RAILWAYS, 3, 4. 
 
 Taxation of, generally, see TAXES, 35. 
 Right to take tolls without, see TOLLS, 2. 
 
 Treatment of, in public service property 
 valuations. 47 L.R.A. (N.S.) 781, 793, 
 799; 48 L.R.A. (N.S.) 1063. 
 
 Treatment of depreciation by expiration of 
 franchise in estimating the return of 
 a public service corporation for rate- 
 making purposes. 52 L.R.A. (N.S.) 38. 
 
 Amortization of, in estimating return of a 
 public service corporation for rate- 
 making purposes. 52 L.R.A. (N.S.) 49. 
 
 Lack of, or invalidity of franchise as a 
 defense to an action by a public serv- 
 ice corporation for service rentals. 
 52 L.R.A. (N.S.) 713. 
 
 Tax on, as within covenants in lease, sub- 
 lease or assignment of lease as to pay- 
 ment of taxes and assessments. L.R.A. 
 1915A, 342. 
 
 Power of legislature in respect to municipal 
 franchises. 48 L.R.A. 485. 
 
 Grant of franchise to electrical subway com- 
 pany. 34 L.R.A. 369. 
 
 Liability for work of independent con- 
 tractor performed under franchise. 14 
 L.R.A. 834. 
 
 Injunction against prosecutions tinder city 
 ordinances affecting. 21 L.R.A. 888. 
 
 Duties incident to exercise of franchise by 
 independent contractor. 66 L.R.A. ] 36. 
 
 ffect of provisions in franchise on power 
 of municipality to compel change of 
 grade of railway in street. 70 L.R.A. 
 854. 
 
 Validity of contract making public service 
 corporations' liability to municipality 
 dependent upon the continuance of its 
 franchise without competition. 21 
 L.R.A.(N.S.) 214. 
 
 Creation of partnership by provision for 
 taking profits from a use of, as com- 
 pensation. 18 L.R.A. (N.S.) 1046. 
 
 Of railroad company, whether real or per 
 sonal property. 66 L.R.A. 36. 
 
 Necessity of, for taking tolls. 37 L.R.A. 
 711. 
 
 Measure of damages for taking of, in emi- 
 nent domain. 51 L.R.A. 325. 
 
 2. What is. 
 
 Distinction between franchise and monopo- 
 ly. 4 L.R.A. 616.* 
 
 Right to collect wharfage as. 1 L.R.A. 
 133.* 
 
 Right to construct street railroad as. 2 
 L.R.A. 255. 
 
 3. Exclusiveness of; interference 
 with. 
 
 Interference with ferry franchise, see 
 FERRIES, 3. 
 
 Exclusiveness of franchise of toll road or 
 
 turnpike. L.R.A.1917D, 239. 
 Exclusiveness of franchise of water com- 
 
 Begin 
 
 this book on every 'law question. 
 
 pany. 61 L.R.A. 80.
 
 INDEX TO L.R.A. MOTES. 
 
 .FRANCHISE cont'd 
 
 Right of owner of franchise for public ben- 
 efit which is not exclusive to" injunc- 
 tion against its invasion without right. 
 29 L.R.A.(N.S.) 77. 
 
 4. Transfer of. 
 
 Judicial sale of. 20 L.R.A. 737. 
 
 Assignability of franchise of water com- 
 pany. '61 L.R.A. 98. 
 
 Eight to transfer or mortgage privilege to 
 use streets for telegraph, telephone, or 
 other quasi-public purposes. 47 L.R.A. 
 87: L.R.A.] !)17D, 707. 
 
 Right to transfer ferry franchise. 59 L.R.A. 
 ~ 543; L.R.A.1916D, 834. 
 
 Duty of purchaser of public utility fran- 
 chise to carry out franchise obligations 
 as to service. L.R.A.1918A, 266. 
 
 5. Termination; forfeiture. 
 
 Abandonment of, see ABANDONMENT, 9. i 
 Of corporate franchises, generally, see j 
 CORPORATIONS, IX. 
 
 Termination of franchise for toll bridge. ', 
 
 58 L.R.A. 169; 30 L.R.A. (N.S.) 364. 
 Rights of water company after expiration 
 
 of franchise. 61 L.R.A. 107. 
 Forfeiture of franchise of water company 
 
 for failure to comply with contract. 61 
 
 L.R.A. 93. 
 
 FRATERNAL SOCIETIES. 
 
 See also BENEVOLENT SOCIETIES; CLUBS; IN- 
 SURANCE. 
 
 Collusiveness of decision of tribunals of. 
 
 49 L.R.A. 353. 
 Liability of property of, to assessment for 
 
 local improvements. 35 L.R.A. 38. 
 Forbidding students' affiliation with secret 
 
 society. 7 L.R.A. (N.S.) 352; L.R.A. 
 
 1915D, 588. 
 Use of public school building for meeting of 
 
 fraternal organizations. 31 L.R.A. 
 
 (N.S.) 595. 
 Right of, to protection against use of name, 
 
 insignia, ritual, etc. by another organ- 
 ization. L.R.A.1915B, 1074. 
 Liability of, for injury to person during 
 
 initiation or expulsion. L.R.A.1917C, 
 
 47G. 
 
 FRATERNITY HOUSE. 
 
 Exemption from taxation. 52 L.R.A. (N.S.) 
 995. 
 
 FRAUD AND DECEIT. 
 
 I. In general, 1-3. 
 
 II. What constitutes, 4-12. 
 
 III. Reliance on representations, 
 
 13. 14. 
 Consult also L.R.A. Digests of Cases. 
 
 FRAUD AND DECEIT cont'd 
 VI. Effect of, 15-31. 
 
 a. Of fraud generally, 15- 
 
 2Sa. 
 
 b. Of concealment, 29-31. 
 V. Liability for; punishment of, 
 
 32-35. 
 
 VI. Remedies; relief from; .set-off, 
 
 36-41. 
 
 VII. Waiver of fraud, 42. 
 
 I. In general. 
 
 1. Generally. 
 
 Statute of frauds generally, see CONTRACTS 
 25-59. 
 
 Misrepresentations as to age, see AGE, 2. 
 
 Relations between attorney and client, see 
 ATTORNEYS, 10. 
 
 Fraudulent issue of corporate stock, see COR- 
 PORATIONS, 69. 
 
 Measure of damages for, see DAMAGES, 49. 
 
 Election frauds, see ELECTIONS, 24. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 47-53. 
 
 Parol evidence as to, see EVIDENCE, 177, 
 178. 
 
 Relevancy of evidence as to, see EVIDENCE, 
 259. 
 
 Sufficiency of evidence as to, see EVIDENCE, 
 301. 
 
 As to false pretenses, see FALSE PRETENSES. 
 
 Transfers in fraud of creditors, see FRAUD- 
 ULENT CONVEYANCES. 
 
 Against husband or wife, see HUSBAND AND 
 WIFE, 43, 43a. 
 
 Representations in insurance application, 
 see INSURANCE, V. h. 
 
 As to mistake, see MISTAKE. 
 
 Allegations as to, see PLEADING, 31. 
 
 Use of mails to defraud, see POSTOFFICE, 9. 
 
 Liability on guaranty or surety obligation 
 obtained by fraud, see PRINCIPAL AND 
 SURETY, 9. 
 
 Question for jury as to, see TRIAL, 31, 
 32. 
 
 Misstatement as to title to land, see VENDOR 
 AND PURCHASER, 17. 
 
 Fiduciary relations of corporate officers, see 
 CORPORATIONS, 50, 51. 
 
 Of insurance agent, see INSURANCE, 143. 
 
 Of agent generally, see PRINCIPAL AND 
 AGENT, 22. 
 
 As to undue influence, see UNDUE IN- 
 FLUENCE. 
 
 Constitutionality of Blue Sky Laws. L.R.A. 
 
 1917F. 524. 
 In appearance by nonresident in divorce 
 
 case. 23 L.R.A. 288. 
 In contract between corporations having 
 
 common directors or officers. 33 L.R.A. 
 
 794. 
 Of officer issuing obligations of government 
 
 or other public body. 39 L.R.A. (N.S.) 
 
 445. 
 Rule of proximate cause in case of wilful 
 
 misrepresentations. 45 L.R.A. 90. 
 Effect of discharge on claim for services 
 
 procured by bankrupt's fraud. 34 
 
 L.R.A.(N.S.j 894.
 
 584 
 
 INDEX TO L.R.A. NOTES. 
 
 FRAUD AND DECEIT, I. cont'd 
 
 Receiver's right to be indemnified for costs 
 of defending action charging him with 
 fraud. 2 B. R. C. 423. 
 
 Reimbursement or subrogation of purchaser 
 on annulling fraudulent judicial sale. 
 69 L.R.A. 53. 
 
 Fraud in joining resident as codefendant 
 with nonresident for purpose of pre- 
 venting removal to Federal court on 
 ground of diverse citizenship. 22 
 L.R.A. (N.S.) 1235. 
 
 Evidence of other crimes in prosecution for 
 fraud. 62 L.R.A. 222, 240; 43 L.R.A. 
 (N.S.) 667. 
 
 Right of surety to show fraud or collusion 
 in judgment against principal. 40 
 L.R.A.(N.S.) 749. 
 
 Prohibition of fortune telling and kindred 
 superstitions. 43 L.R.A. (N.S.) 203. 
 
 2. Use of statute of frauds as pro- 
 tection to fraud. 
 
 In general. 25 L.R.A. 569. 
 
 Rule of construction. 25 L.R.A. 570. 
 
 Prevention of reduction to writing. 25 
 
 L.R.A. 570. 
 Fraudulent omission of part of agreement. 
 
 25 L.R.A. 570. 
 
 Preventing will. 25 L.R.A. 571. 
 The rule at law. 25 L.R.A. 571. 
 
 3. As element of crime. 
 
 Fraudulently procuring genuine signature 
 as forgery. 26 L.R.A. (N.S.) 138. 
 
 Forgery by appending signature to commer- 
 cial paper by fraud. 1 L.R.A. (N.S.) 
 . 1075. 
 
 Intent to defraud as element of publishing 
 of forged instrument. 8 L.R.A. (N.S.) 
 1176. 
 
 Larceny by obtaining money by fraudulent 
 race or game. 1 L.R.A. (N.S.) 862; 20 
 L.R.A.(N.S.) 1164. 
 
 Larceny by making or procuring fraudulent 
 orders on public funds. 32 L.R.A. 
 (N.S.) 234. 
 
 77. What constitutes. 
 
 4. Generally. 
 
 Retention of possession by mortgagor as 
 evidence of (fraud, see CHATTEL MORT- 
 GAGE, 14. 
 
 Effect of representing things sold to be 
 "good." 15 L.R.A. 795. 
 
 Relief from contract of sale because of over 
 or under estimate of quantity by seller. 
 45 L.R.A, (N.S.) 243. 
 
 How far use of mails by healers is fraudu- 
 lent. 70 L.R.A. 989. 
 
 Receiving deposit when bank insolvent, as a 
 fraud. 34 L.R.A. 533. 
 
 In contract requiring servant to elect be- 
 tween acceptance of benefits out of re- 
 lief fund and a prosecution of his 
 claims in an action for damages. 11 
 L.R.A. (N.S.) 192. 
 
 Fraud in joining resident as codefendant 
 with nonresident defendant for purpose 
 
 FRAUD AND DECEIT, II. cont'd 
 5. JJack of knowledge of falsity. 
 
 Some American views of the case of Derrr 
 v. Peek. 49 L.R.A. (N.S.) 1219. 
 
 Statements made without knowledge of 
 falsity as ground for action for fraud. 
 18 L.R.A. (N.S.) 379. 
 
 6. Silence; concealment. 
 
 Effect of concealment, see infra, IV. b. 
 
 May fraud be predicated of concealment of 
 
 defects in title to real property. 28 
 
 L.R.A.(N.S.) 207. 
 Obligee's concealment of facts on obtaining 
 
 guaranty or surety. 21 L.R.A. 411. 
 Landlord's concealment of defects in 
 
 premises. 34 L.R.A. 827; L.R.A.1916D, 
 
 1225. 
 Of facts by insured in case of Lloyd's 
 
 policies. 55 L.R.A. 202. 
 Fraud in expression of opinion in case of 
 
 concealment. 35 L.R.A. 426. 
 Dutv of seller to disclose defect in animal. 
 "L.R.A.1917C, 619. 
 
 7. Expression of opinion. 
 
 Statement of opinion generally not fraudn- 
 
 lent f 35 L.R.A. 417. 
 Reasons for the rule. 35 L.R.A. 424. 
 Exceptions to the rule. 35 L.R.A. 425. 
 Effect of form of relief sought. 35 L.R.A. 
 
 433. 
 What statements are fact and what opinion. 
 
 35 L.R.A. 435. 
 Misstatement as to title to real property 
 
 sold, as matter of opinion. 28 L.R.A. 
 
 (N.S.) 206; 39 L.R.A. (N.S.) 1143. 
 Right to rely on expressions of opinion. 37 
 
 L.R.A. 604. 
 
 Recommendation of another as proper sub- 
 ject for credit as ground of liability. 
 
 L.R.A.1915A, 100. 
 False representations of foreign law as 
 
 basis for fraud action. L.R.A.1915A, 
 
 675. 
 Representations by vendor as to quality or 
 
 condition of soil. L.R.A.1917C, 273. 
 Representation or estimate by insurance 
 
 company as to accumulation, dividends, 
 
 surplus, etc. L.R.A.1918F, 348. 
 
 8. Future promise. 
 
 Statements regarding future as a fraud. 
 35 L.R.A. 420, 437. 
 
 Future promise as fraud. 
 640; 24 L.R.A. (N.S. 
 
 10 L.R.A. (N.S.) 
 735. 
 
 9. Misstatement as to title to real 
 property. 
 
 Executed contracts. 28 L.R.A. (N.S.) 202; 
 
 39 L.R.A.(N.S.) 1142. 
 Executory contracts. 28 L.R.A. (N.S.) 208; 
 
 39 L.R.A. (N.S.) 1141. 
 Necessity of exercising diligence to discover 
 
 truth of representation. 28 L.R.A. 
 
 (N.S.) 209. 
 As affected by the nature of the conveyance. 
 
 of preventing removal to Federal court 
 
 on ground of diverse citizenship. 22 I Necessity that mmry 
 L.R.A. (N.S.) 1235. (N.S.) 232. ' 
 
 Begin ^^ith this book on every law question. 
 
 28 L.R.A. (N.S.) 211. 
 
 result. 
 
 28
 
 INDEX TO L.R.A. NOTES. 
 
 585 
 
 FRAUD AND DECEIT, II. cont'd 
 
 Effect of vendee retaining possession. 28 
 L.R.A.(N.S.) 212. 
 
 10. False statement as to cost, sell- 
 ing, or market price of property, 
 or as to oilers therefor. 
 
 Misrepresentation as to value, see VALUE, 
 2. 
 
 In general. 35 L.R.A.(N.S.) 174; L.R.A. 
 
 101 6F, 782. 
 Applicability of doctrine of negligence. 35 
 
 L.R.A.('N.S.) 175. 
 
 Applicability of doctrine that representa- 
 tion must relate .to a material 
 matter. 35 L.R.A. (N.S.) 176. 
 
 Representations as to costs. 35 L.R.A. 
 (N.S.) 177. 
 
 Representations as to offers for property. 
 35 L.R.A. (N.S.) 186. 
 
 Representations as to what property had 
 been sold or offered for sale. 35 
 L.R.A. (N.S.) 187. 
 
 Representations of the market price. 35 
 L.R.A. (N.S.) 188. 
 
 Necessity of showing damage. 35 L.R.A. 
 (N.S.) 189. 
 
 Liability of real-estate broker who over- 
 states to purchaser the owner's mini- 
 mum price. 21 L.R.A.(N.S.) 305. 
 
 11. In obtaining credit. 
 
 In general. 14 L.R.A. 264. 
 Representations to commercial agencies. 2 
 
 L.R.A. 154;* 14 L.R.A. 264. 
 Intent; concealment of insolvency. 2 
 
 L.R.A. 154;* 14 L.R.A. 264. 
 Statements as to credit as a fraud. 35 
 
 L.R.A. 421. 
 Right to rely on representations as to 
 
 credit of third person. 37 L.R.A. 607. 
 Continuing representation of financial 
 
 standing as basis of credit. 10 L.R.A. 
 
 (N.S.) 245. 
 Whether lack of reasonable expectation of 
 
 being able to pay is equivalent, as a 
 
 matter of law, to an intention not to 
 
 pay. 6 L.R.A. (N.S.) 556. 
 Title secured by one purchasing goods with 
 knowledge that he cannot pay for 
 them. 44 L.R.A. (N.S.) 1. 
 
 12. Corporate matters. 
 
 Effect of fraud, see infra, 26. 
 Liability in regard to, see infra, 33. 
 
 What constitutes false representations by 
 promoter of corporation. 18 L.R.A. 
 (N.S.) 1109. 
 
 False statement in reports required to be 
 filed with public officers as fraud which 
 will sustain an action against corpo- 
 ration. 35 L.R.A. (N.S.) 858. 
 
 Duty of director toward one from whom he 
 purchases stock. L.R.A.1916B, 708. 
 
 ///. Reliance on representations. 
 
 13. Generally. 
 
 Effect of suspicion of falsity of statement 
 made on right of action for deceit by 
 person injured. 7 L.R.A. (N.S.) 646. 
 
 Consult also L.R.A, Digests of Cases. 
 
 FRAUD AND DECEIT, III. cont'd 
 
 14. Right to rely on representations. 
 
 General rules. 37 L.R.A. 593. 
 
 Person guilty of fraud cannot urge negli- 
 gence of defrauded party. 37 L.R.A. 
 594. 
 
 Obvious facts, or facts of which the defraud- 
 ed party has knowledge. 37 L.R.A. 
 595. 
 
 Indefinite or suspicious statements. 37 
 L.R.A. 596. 
 
 Rule where defrauded party has means of 
 knowing truth. 37 L.R.A. 597. 
 
 What diligence is required of one to whom 
 statement is made. 37 L.R.A. 601. 
 
 Statements not regarded as of fact. 37 
 L.R.A. 604. 
 
 Positive assurance and express reliance. 
 37 L.R.A. 608. 
 
 Statements not easily tested. 37 L.R.A. 
 609. 
 
 Fiduciary relations. 37 L.R.A. 613. 
 
 Statements of third persons. 37 L.R.A. 613. 
 
 Active fraud or concealment. 37 L.R.A. 
 614. 
 
 Statutes. 37 L.R.A. 615. 
 
 Question for jury. 37 L.R.A. 615. 
 
 Purchaser's right to rely on representations 
 as to title to real property. 39 L.R.A. 
 (N.S.) 1143. 
 
 Right of purchaser of personalty to rely on 
 seller's computation of price or esti- 
 mate of quantity. 17 L.R.A. (N.S.) 419. 
 
 Right of purchaser of land to rely upon 
 representations of seller as to bounda- 
 ries. 14 L.R.A.(N.S.) 1210. 
 
 Right to rely on representations by vendor 
 as to quality or condition of' soil. 
 L.R.A.1917C, 273. 
 
 Duty of purchaser of corporate stock to 
 verify statements made as to financial 
 condition of corporation. 14 L.R.A. 
 (N.S.) 1176. 
 
 In case of fraud in sale of corporate stock 
 by one officer or director to another. 
 L.R.A.1916B, 703. 
 
 IV. Effect of. 
 a. Of fraud generally. 
 
 15. Generally. 
 
 Liability in case of fraud, see infra, V". ! 
 
 Remedy or relief in case of fraud, see infra, 
 VI. 
 
 As ground of attachment, see ATTACHMENT, 
 6. 
 
 Effect of fraud to prevent discharge in bank- 
 ruptcy, see BANKRUPTCY, 34. 
 
 Effect of broker's fraud on his right to 
 commissions, see BROKERS, 9. 
 
 Effect of principal's fraud on broker's right 
 to commissions, see BROKERS, 10. 
 
 Invalidity of contract for fraud, see CON- 
 TRACTS, 104, 119. 
 
 Estoppel by, see ESTOPPEL, 28, 29. 
 
 Effect on heirs of fraud against ancestor, 
 see HEIRS, 5. 
 
 As ground for injunction against judgment, 
 see INJUNCTION, 52. 
 
 As ground for collateral attack on judg- 
 ment, see JUDGMENT, 55, 72.
 
 586 
 
 INDEX TO L.R.A. NOTES. 
 
 FRAUD AND DECEIT, IV. a cont'd I FRAUD AND DECEIT, IV. a cont'd 
 
 On statute of limitations, see LIMITATION Voluntariness of confession procured by. 
 
 OF ACTIONS, 10, 36, 53. 
 Constructive trust in case of, see TRUSTS, 
 12, 13. 
 
 Validity of contract with intoxicated per- 
 son procured by fraud. 54 L.R.A. 445. 
 
 On awarding of public contract to lowest 
 responsible bidder. 38 L.R.A. (N.S.) 
 656. 
 
 Bad faith of bailee as affecting his right 
 to assert the hostile title of a third 
 person against the bailor. 33 L.R.A. 
 (N.S.) 681. 
 
 Rights on train of person procuring ticket 
 by fraud or misrepresentation. 6 
 L.R.A.(N.S.) 1146. 
 
 Effect of decision of architect, engineer, or 
 umpire, in case of fraud. 1 L.R.A. 
 (N.S.) 1050. 
 
 Of overstatement in claim of mechanic's 
 lien. 29 L.R.A. (N.S.) 317. 
 
 Liability of infant for money loaned him 
 through his fraudulent representation. 
 6 B. R. C. 761. 
 
 Master's liability for injury to minor serv- 
 ant who secured employment by mis- 
 representing his age. 20 L.R.A. (N.S.) 
 500; 25 L.R.A. (N.S.) 708; L.R.A.1915F, 
 1082. 
 
 Liability to bank of one who, without 
 
 18 L.R.A. (N.S.) 840; 50 L.R.A. (N.S.) 
 1088. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void 
 in law. 4 B. R. C. 6(53. 
 
 Effect of fraud on registration of title 
 under the Torrens Law. L.R.A. 1916D, 
 66. 
 
 Fraud as entitling surety to equitable set- 
 off of obligation as against assignee of 
 a debt due from him to principal. 46 
 L.R.A. (N.S.) 65. 
 
 Fraud as defense to liability on subscrip- 
 tion for charity. 48 L.R.A. (N.S.) 811. 
 
 Effect of false representations on liability 
 of manufacturer, packer, or vendor to 
 persons not in privity of contract for 
 injury from defects in articles sold. 
 48 L.R.A. (N.S.) 218. 
 
 Fraudulent conveyance of narrow strip 
 along front of property to escape assess- 
 ment for public improvement. L.R.A. 
 1916B, 1033. 
 
 Effect of secret advantage to one member 
 of joint adventure. 50 L.R.A. (N.S.) 
 1046 
 
 Fraud regarding legal effect of wife's sign- 
 
 ing contract 
 1918A, 496. 
 
 with husband. L.R.A. 
 
 knowledge of the fraud draws out funds 
 fraudulently credited to him by officers 
 or employees of the bank. 31 L.R.A. 
 (N.S.) 1126. 
 Fraud in proceedings for opening or ex- j Mental incapacity combined with fraud as 
 
 Fraudulent deed as color of title. L.R.A. 
 1918E, 1049. 
 
 16. On marriage. 
 
 Effect of concealment, see infra, 30. 
 
 tending highway as defense to proceed- 
 ings to acquire property for that pur- 
 pose. 7 L.R.A. (N.S.) 639. 
 
 Validity of obligation given bank as affected 
 by concealment Of illegal transactions. 
 34 L.R.A. (N.S.) 105. 
 
 Effect of fraud in procuring discharge of 
 mortgage for deed on merger of mort- 
 gage. 39 L.R.A. (N.S.) 841. 
 
 Impeachment of -certificate of acknowledg- 
 ment because of. 41 L.R.A. (N.S.) 
 1169. 
 
 Effect on presumption of probable cause for 
 prosecution of fact that conviction was 
 procured by. 15 L.R.A. (N.S.) 1143. 
 
 Effect of misrepresentation as to character, 
 quantity, or value of goods by shipper 
 on his right to recover for 'loss. 23 
 L.R.A.(N.S.) 745; L.R.A.1915A, 502. 
 
 As defense to mandamus to compel payment 
 of municipal debt. 14 L.R.A. 779. 
 
 On right of volunteer or stranger paying 
 debt to subrogation. 23 L.R.A. 129. 
 
 Effect of fraudulent assignment of judgment 
 to defeat set-off. 23 L.R.A. 338. 
 
 Effect of principal's fraud on right ot 
 surety to intervene in action against 
 
 principal or vice versa. 
 741. 
 
 68 L.R.A. 
 
 Impeachment of enrolled bill by showing 
 
 fraud or improper motive of legislature. 
 
 40 L.R.A. (N.S.) 29. 
 
 In drawing of grand jury. 27 L.R.A. 785. 
 On privilege of nonresident witness from 
 
 suit. 25 L.R.A. 733. 22 L.R.A. 418. 
 
 Begin with this book on every law question. 
 
 affecting validity of marriage. 40 
 L.R.A. 740. 
 
 Misrepresentation as to disposition or gen- 
 eral character as ground for annulment 
 of marriage. 30 L.R.A. (N.S.) 301. 
 
 Misrepresentations as to one's physical or 
 mental condition as ground for annul- 
 ment of marriage. 13 L.R.A. (N.S.) 
 996. 
 
 17. On compromise or release. 
 
 As affecting compromise. 25 L.R.A. (N.S.) 
 
 308. 
 Effect of false representations by physician 
 
 to avoid release. 5 L.R.A. (N.S.) 663. 
 In inducing execution of release causing 
 
 loss of remedy. L.R.A.1917F, 719. 
 In securing release from servant accepting 
 
 benefits of relief fund. 11 L.R.A. (N.S.) 
 
 200; 48 L.R.A.(N.S.) 448. 
 Effect of representation or undue influence 
 
 by physician to avoid release. 50 
 
 L.R.A. (N.S.) 1091. 
 
 On compromise or release by personal repre- 
 sentatives of claims due estate. 14 
 
 L.R.A. 415. 
 Right, in an action at law, to attack release 
 
 for fraud. 20 L.R.A. (N.S.) 915. 
 
 18. In sale of chattels. 
 
 As ground for rescission of sale of person- 
 alty, see SALE, 67. 
 
 On passing of title by delivery to carrier.
 
 INDEX TO L.R.A. NOTES. 
 
 587 
 
 FRAUD AND DECEIT, IV. a cont'd 
 
 Right of vendor under conditional sale as 
 affected by purchaser's bankruptcy 
 where contract is tainted with fraud. 
 38 L.R.A. (N.S.) 557. 
 
 Transferee of chattels in satisfaction of pre- 
 existing debt, as a bona fide pur- 
 chaser as against original vendor from 
 whom they were fraudulently obtained 
 by transferrer. 35 L.R.A. (N.S.) 1174. 
 
 Effect of fraud by seller on exclusiveness of 
 remedy for breach of warranty provid- 
 ed in contract for sale of machinery. 
 50 L.R.A.(N.S.) 773. 
 
 19. In sale of land. 
 
 As ground for rescission of sale of real 
 property, see VENDOR AND PURCHASER, 
 24. 
 
 Fraud by partner in relation to partnership 
 real estate. 28 L.R.A. 104. 
 
 In sale of expectancy by prospective heir. 
 33 L.R.A. 283. 
 
 Doctrine of caveat emptor in sales for par- 
 tition as affected by fraud. 33 L.R.A. 
 (N.S.) 409. 
 
 Effect of purchaser's misrepresentation of 
 fact affecting value of real estate. 30 
 L.R.A.(N.S.) 748. 
 
 Effect of misrepresentation as to the health 
 of life tenant upon a sale of the re- 
 mainder interest. 17 L.R.A. (N.S.) 284. 
 
 Of vendor's fraud in respect to sanitary con- 
 dition of premises. 34 L.R.A. (N.S.) 
 1035. 
 
 On right of grantee in possession to ques- 
 tion grantor's right to collect purchase 
 moiv.y. 21 L.R.A. (N.S.) 395. 
 
 Is fraudulent representation by vendor as 
 to area within boundaries correctly 
 pointed out, actionable. 23 L.R.A. 
 (N.S.) 487. 
 
 Is fraudulent representation by vendor of 
 extent or proportion of land of par- 
 ticular kind included within tract sold, 
 actionable where purchaser inspects the 
 land. 30 L.R.A. (N.S.) 55. 
 
 20. At execution sale. 
 
 Effect of misrepresentation to purchasers by 
 sheriff at judicial sale. 18 L.R.A. 88. 
 
 Effect of fraud on execution creditor's lia- 
 bility for return of purchase price on 
 failure of title to property sold on 
 execution. 36 L.R.A. (N.S.) 1220. 
 
 21. On right to specific performance. 
 
 See SPECIFIC PERFORMANCE, 18, 25. 
 
 22. In respect to trademark or 
 tradeiiame. 
 
 Trademarks calculated to deceive, not pro- 
 tected. 17 L.R.A. 130; 19 L.R.A. 53 
 
 Effect of false representations extrinsic to 
 tradoname or trademark on the right 
 to protection against infringement of 
 same. 12 L.R.A. (N.S.) 1201 ; 23 L.R.A. 
 (N.S.) 1151. 
 
 Rights resulting from sale of trademark as 
 affected by fraud. 1 L.R.A. (X.S.) 723. 
 
 Consult also L.R.A. Digests of Cases. 
 
 FRAUD AND DECEIT, IV. a cout'd 
 
 23. Matters as to commercial paper. 
 
 Rights and protection of bona fide holder, 
 generally, see BILLS AND NOTES, 38- 
 42. 
 
 Payment by commercial paper as affocted 
 by fraud. 35 L.R.A. (N.S.) 74. 
 
 Effect of fraudulent reissue of bill or note 
 which has been paid. 28 L.R.A. (N.S.) 
 1066. 
 
 Of creditor's fraud towards surety in man- 
 agement and collection of collateral. 
 37 L.R.A.(N.S.) 716. 
 
 Effect of fraud on right of accommodation 
 party who has been obliged to pay bill 
 or note to recover from accommodated 
 party. 37 L.R.A. (N.S.) 784. 
 
 Validity of obligation given bank as affect- 
 ed by concealment of illegal transac- 
 tions from bank examiner. 26 L.R.A. 
 (N.S.) 993; L.R.A.1916A, 1218. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Action for damages for fraud in securing 
 execution of bill or note not vet due. 
 52 L.R.A. (NJS.) 945. 
 
 What constitutes violation of criminal stat- 
 ute against issuing checks or drafts 
 without funds. L.R.A.1918F, 982. 
 
 24. paper assigned or transferred. 
 
 Effect of fraud on rights of bona fide holder 
 of commercial paper, see BILLS AND 
 NOTES, 38a. 
 
 .In inception of negotiable instrument trans- 
 ferred, effect on presumption and bur- 
 den of proof. 17 L.R.A. 328. 
 
 Effect of fraudulent transfer on right of 
 set-off against assignee!s commercial 
 paper. 23 L.R.A. 330. 
 
 Defense of fraud as against holder of nego- 
 tiable paper transferred after maturitv. 
 46 L.R.A. 768. 
 
 Law governing negotiability of bill or note 
 fraudulently transferred. 61 L.R.A. 
 205. 
 
 Conflict of laws as to liability on bill or 
 note fraudulently transferred. 19 L.R.A. 
 (N.S.) 668. 
 
 Fraud in obtaining execution of a note as 
 defense against a bona fide holder. 30 
 L.R.A. 434. 
 
 Deception as to character of paper signed 
 as defense against bona fide holder of 
 negotiable paper. 35 L.R.A. (N.S.) 776. 
 
 Title and right to overdue note as between 
 one induced by fraud to transfer it, and 
 one who in good faith bought of fraud- 
 ulent transferee. 2 L.R.A. (N.S.) 767. 
 
 25. Partnership matters. 
 
 Provability of partnership debts in indi- 
 vidual proceedings in case of fraudulent 
 abstraction of partnership funds by 
 bankrupt. 69 L.R.A.. 777. 
 
 As affecting assumption of debts on dissolu- 
 tion of partnership. 9 L.R.A. i N.S.) 
 56; 48 L.R.A.(N.S.) 548. 
 
 Effect of fraud by partner in relation to 
 partnership real estate. 28 L.R.A. 104.
 
 588 
 
 INDEX TO L.R.A. NOTES. 
 
 FRAUD AND DECEIT, IV. a cont'd 
 26. Corporate matters. 
 
 tVhut constitutes fraud, see supra, 12. 
 Liability 'in regard to, see infra, 33. 
 
 On corporations' liability on contracts of '< 
 
 promoters. 26 L.R.A. 551;, 50 L.R.A.. 
 
 (N.S.) 987. 
 Effect of promotbr's fraud on* corporation's' 
 
 rigl\t against subscriber. 25 L.R.A. 
 
 100. 
 As affecting rights to specific performance 
 
 for sale of stock in corporation. 31 
 
 L.R.A. (N.S.) 500. ' 
 
 As ground of relief from subscription to! 
 ' stock after insolvency ; of corporation.: 
 31 L.R.A.(N.S.) 900; L.R.A.1915D, 
 
 792. 
 Validity o'f subscription induced by false 
 
 statements tliat certain other persons, 
 : \viT(! to invest in the enterprise. 29- 
 
 L.R.A. (N.S.) 477. 
 Fraud of oilicers of corporation as ground 
 
 for appointment of receiver or winding 
 up corporation at instance of stock- 
 holders. 30 L.R.A. (N.S.) 1032; L.R.A. 
 
 1915A, 606. 
 Right of stockholder to attack fraudulent 
 
 transaction occurring before he acquires 
 
 his stock. 38 L.R.A. (N.S.) 988. 
 
 27. Insurance matters. 
 
 Effect of misrepresentations by applicant 
 for insurance, see INSURANCE, V. h. 
 
 As defense against action for assessment by 
 mutual fire insurance company. 32 
 L.R.A. 491. 
 
 On rights of vendor and vendee to proceeds; 
 of insurance. 37 L.R.A. 152. 
 
 Effect of concealment on liability of rein- 
 surer. 8 L.R.A. (N.S.) 852. 
 
 Right of insured to return of premium 
 where policy is void, or voidable be- 
 cause of misrepresentations on his part. 
 32 L.R.A. (N.S.) 299. 
 
 Fraud or false swearing by agent of in- 
 sured in making proofs of loss. 52. 
 L.R.A. (N.S.) 1074. 
 
 Effect of fraud by agent ex necessitate in 
 making proofs of loss under fire insur- 
 ance policy. 9 L.R.A. (N.S.) 485. 
 
 28. forfeiture of policy because of. 
 
 Cancelation of insurance policy for, see IN- 
 : SURANCE. 
 
 Effect of fraud to cause forfeiture of entire, 
 policy. 19 L.R.A. 218; 51 L.R.A.(N.S-) 
 1063. 
 
 Forfeiture of life policy by false represen- 
 tations as to previous applications for 
 insurance. 55 L.R.A. 122. 
 
 Validity and application of incontestable 
 
 FRAUD AND DECEIT, IV. a cont'd 
 
 Judgment on collusive appearance as bar 
 to subsequent prosecution. L.R.A. 
 1918A, 1181. 
 
 Effect upon foreign judgment. 20 L.R.A. 
 679. 
 
 Character and kinds of judgments and 
 orders within rule that judgments and 
 orders cannot be collaterally attacked 
 for fraud not affecting the jurisdiction. 
 36 L.R.A. (N.S.) 980. 
 
 Right to resist judgment of sister state on 
 the ground of. 32 L.R.A. (N.S.) 905. 
 
 Right to question judgment of court of 
 sister state upon ground that defendant 
 was induced by fraud to go within its 
 jurisdiction. 12 L.R.A. (N.S.) 941. 
 
 Fraud as ground for modification of alimo- 
 ny awarded by decree of absolute di- 
 vorce without reservation by decree or 
 statute. L.R.A.1917F, 729. 
 
 b. Of concealment. 
 
 29. Generally. 
 
 Concealment as fraud, see supra, 6. 
 Fraudulent concealment as defense to action 
 
 for ' breach of promise, see BREACH OF 
 
 PROMISE, 5. 
 
 On right to rely on representations. 37 
 L.R.A. 611, 614. 
 
 Effect, of concealment by landlord on lia- 
 bility to tenant's guests and servants 
 from defects in premises. 34 L.R.A. 
 611; 46 L.R.A. 86; 17 L.R.A.(N.S.) 
 1165. 
 
 Effect on liability of reinsurer. 8 L.R.A. 
 (N.S.) 852. 
 
 Forfeiture of dutiable articles in passenger's 
 baggage because of. 56 L.R.A. 131. 
 
 Validity of obligation given bank as affect- 
 ed by concealment of illegal transac- 
 tions from bank examiner. 26 L.R.A. 
 (N.S.) 993; L.R.A.1916A, 1218. 
 
 Effect of purchaser's concealment of fact 
 as affecting value of the "real estate. 
 30 L.R.A. (N.S.) 748. 
 
 Broker's right to purchase real estate listed 
 with him for sale where broker's inter- 
 est in purchase is concealed. 20 L.R.A. 
 (N.S.) 1158; L.R.A.1918F, 790. 
 
 Effect of suppression of truth as to health 
 of life tenant on sale of remainder in- 
 terest. 17 L.R.A. (N.S.) 284. 
 
 Of interest by juror as ground for new trial- 
 18 L.R.A. 478. 
 
 On right to injunction against collection of 
 purchase money where title to land is 
 defective. 7 L.R.A. (N.S.) 448. 
 
 As ground for injunction against judgment. 
 30 L.R.A. 791. 
 
 Of evidence as ground for relief against 
 judgment. 26 L.R.A. (N.S.) 536. 
 
 clause in case of fraud. 42 L.R.A. 249, Effect of secret advantage to one of several 
 
 OfrT. TTAir*iwn .,.,., ' ;,, 1 ,, 4 ........ I .... /4OTOA / XT C! \ O O \ 
 
 257; L.R.A.1917E, 338. 
 
 joint purchasers. 43 L.R.A. (N.S.) 934. 
 Duty of municipal officer to account for 
 profits made in transaction with mu- 
 nicipality. 48 L.R.A.(N.S.) 842. 
 
 28a. Effect <>n judgment. 
 
 Injunction against judgment because of 
 
 fraud, see INJUNCTION, 52. 
 Relief from judgment because of fraud, see 1 Effect of concealment as" to character on 
 
 JUDGMENT, 95. marital relation, see CHARACTER, 3. 
 
 Begin with this boofc on -every law question. 
 
 30. Effect on marriage.
 
 INDEX TO L.R.A. NOTES. 
 
 589' 
 
 FRAUD AND DECEIT, IV. b cont'd 
 Effect of fraudulent concealment to avoid 
 promise of marriage. 20 L.R.A. 430. 
 Concealment as to one's physical or mental 
 condition as ground for annulment of 
 marriage. 33 L.R.A. (N.S.) 996. 
 
 31. Bankruptcy matters. 
 
 Bankrupt's right to discharge as affected 
 by partner's or agent's act in conceal- 
 ment of books or assets. 20 L.R.A. 
 (N.S.) 786. 
 
 Admissibility of schedules filed in Federal 
 bankruptcy proceedings in a prosecu- 
 tion against a bankrupt for conceal- 
 ment of property. 18 L.R.A. (N.S.) 
 1194. 
 
 V. Liability for; punishment of. 
 
 32. Generally. 
 
 Liability on guaranty or surety obligation 
 obtained by fraud. 21 L.R.A. 409. 
 
 In what capacity executor or administrator 
 liable for. 51 L.R.A. 262. 
 
 Liability for transferring note to bona fide 
 transferee so as to cut off defenses. 27 
 L.R.A. 519. 
 
 Liability of telegraph company for fraud- 
 ulent transmission or delivery of forged 
 message by its agent. 65 L.R.A. 807; 
 L.R.A.1915A, 320. 
 
 As to condition of leased premises. 34 
 L.R.A. 827; L.R.A.1916D, 1224. 
 
 Action by general creditor for damages for 
 fraud in preventing plaintiff from col- 
 lecting his claim. 47 L.R.A. 433; 
 L.R.A.1917E, 1148. 
 
 Fraudulent misrepresentations by infant to 
 induce contract. 57 L.R.A. 675. 
 
 Master's ' liability for fraudulent acts of 
 servant towards person having no claim 
 on master by reason of contract, in- 
 cipient or perfected. 27 L.R.A. 172. 
 
 Liability of agent or servant for fraud 
 against third persons under order of 
 employer. 50 L.R.A. 646. 
 
 Liability to bank of one who, without knowl- 
 edge of fraud, draws out funds fraud- 
 ulently credited to him by officers or 
 employees of the bank. 31 L.R.A. 
 (N.S.) 1126. 
 
 For misrepresentation as to location of 
 property. 38 L.R.A. (N.S.) 301. 
 
 Personal liability of arbitrator for. 42 
 L.R.A. (N.S.) 278. 
 
 Liability for fraud in inducing one to marry 
 a third person. 46 L.R.A. (N.S.) 98. 
 
 Right of action against third ..person for 
 fraud inducing one to submit to a judg- 
 ment less favorable to him thai, he was 
 entitled to. 46 L.R.A. (N.S.) 110. 
 
 8 33. Corporate matters. 
 
 What constitutes fraud, see supra, 12. 
 
 Effect of fraud, see supra, 26. 
 
 Liability of corporate officers for, see COR- 
 PORATIONS, 56, 57a. 
 
 Liability of corporate promoters' for, see 
 CORPORATIONS, 65. 
 
 Consult also L.K.A. Digests of Cases. 
 
 FRAUD AND DECEIT, V. eoiuVd 
 
 Liability for fraud or misrepresentations 
 inducing purchase of stock, see COR- 
 PORATIONS, 83. 
 
 Liability of corporation for fraud of officer 
 
 in issue of stock. 19 L.R.A. 331; 41 
 
 L.R.A. (N.S.) i8/. , 
 Partnership liability of stockholders in .case 
 
 of fraudulent corporations. 17 Jj-R.A. 
 
 550; L.R.A.1916C, 196. 
 
 34. Responsibility for another's 
 fraud. 
 
 Fraud of officer as ground of liability on 
 official bond. 21 L.R.A. 741. 
 
 Liability of corporation for fraud of its 
 officers in issue of stock. 19 L.R.A. 
 331. 
 
 Liability of corporation officers for com- 
 pany's fraud. 28 'L.R.A. 421. 
 
 Liability of partnership for fraud of mem-,. 
 '" ber of firm. 51 L.R.A. 479. 
 
 Liability of one who introduces or iden- 
 tifies an impostor, for fraud perpe- 
 trated by him. 51 L.R.A. (N.S.) 707. 
 
 Liability of principal for fraud perpetrated 
 by agent acting within apparent scope 
 of his authority, but for his own bone- 
 fit. 5. B. R. C. .V26. 
 
 Implied or ostensible authority of agent' 
 for the sale of land as to representa- 
 tions. L.R.A.] 917F, 962. 
 
 35. Punishment of. 
 
 Imprisonment for debt in rase of. 34 L.R.A. 
 
 642; L.R.A.1915B, 646. 
 Cruel and unusual punishment of. . 35 
 
 L.R.A. 5,71. 
 
 VI. Remedies; relief from. 
 
 36. Generally. 
 
 As ground for cancelation of instrument, 
 see CANCELATION OF INSTRUMENTS, 
 3. 
 
 Jurisdiction of equity to cancel instrument 
 because of fraud, see EQUITY, 15a. 
 
 Relief from contract generally, on ground 
 of fraud, see CONTRACTS, 119. 
 
 As ground for rescission of contract gener- 
 ally, see CONTRACTS, 153. 
 
 As ground for rescission of stock subscrip- 
 tion, see CORPORATIONS, 79. 
 
 As ground for rescission of deed, see DEEDS> 
 33a. 
 
 As ground for rescission of sale of person- 
 alty, see SALE, * 67. 
 
 As ground for rescission of sale of real 
 property, see VENDOR AND PURCHASER, 
 24. 
 
 Jurisdiction iii equity in case of. see 
 EQUITY, 7. 
 
 Injunction in case of fraud, see INJUNC- 
 TION, 6. 52. 
 
 Injunction against judgment beeause of 
 fraud, see INJUNCTION, 52. 
 
 Relief from judgment because of fraud, see 
 JUDGMENT, 95. , 
 
 Election of remedies in ease of fraudulent 
 purchase. 15 L.R.A. 89.
 
 5UO 
 
 INDEX r !O L.R.A. NOTES. 
 
 FRAUD AND DECEIT, VI cont'd 
 
 Fraud as a ground for relief from a volun- 
 tary trust. 19 L.R.A. 707. 
 
 Relief from mistake of law accompanied 
 by fraud as to effect of instrument. 28 
 L.R.A.(N.S.) 853. 
 
 Applicability of statute requiring that rep- 
 resentations as to another's credit must 
 be in writing in order to sustain an 
 action. 13 L.R.A. (N.S.) 212. 
 
 Failure to read contract as affecting right 
 to relief on ground of. 6 L.R.A. (N.S.) 
 463; L.R.A.1917F, 637. 
 
 Relief to party defrauded by fraudulent 
 scheme, although he went into it with 
 the intention of defrauding others. 5 
 L.R.A. (N.S.) 906. 
 
 Remedy of one who fails to record a deed, 
 against his grantor who subsequently 
 conveys to an innocent third person. 
 26 L.R.A. (N.S.) 284. 
 
 "Relief from deed prepared by grantee, which 
 does not protect the grantor's rights. 
 13 L.R.A.' fN.S.) 1089. 
 
 Fraud as ground for admitting parol evi- 
 dence ,that a written instrument im- 
 porting absolute conveyance was in- 
 tended as a mortgage. L.R.A. 1916B, 
 178. 
 
 Rights and remedies of prior beneficiary 
 where change of beneficiary is accom- 
 plished by fraud or undue influence. 
 L.R.A.1916C, 1133. 
 
 Liability of one party to a contract or 
 transaction to the other because of 
 bonus or commission allowed by the 
 former to the latter's agent. 49 
 L.R.A.(N.S.) 101. 
 
 Right of purchaser at sale by mortgage 
 under power to relief in case of mort- 
 gagee's fraud. 49 L.R.A. (N.S.) 515. 
 
 Right of trustee to redress fraud practised 
 on the beneficiary of the trust. L.R.A. 
 1915E, 451. 
 
 Right of executor or administrator to avoid 
 conveyance or transfer by decedent 
 in fraud of creditors. 50 L.R.A. 
 (N.S.) 320. 
 
 Power to amend decree of divorce by add- 
 ing provision for alimony omitted from 
 original decree by fraud. L.R.A.1917D, 
 326. 
 
 37. Action at law for damages. 
 
 Waiver of right of action for damages. 
 L.R.A.1918A, 106., 
 
 Right of action for fraud or deceit caus- 
 ing loss of remedy. L.R.A.1917F, 719. 
 
 Right of action for inducing breach of con- 
 tract by. 16 L.R.A. (N.S.) 746. 
 
 Right of guardian of mentally incompetent 
 person to maintain action for damages 
 against one to whom ward has trans- 
 ferred property. 34 L.R.A.(N.S.) 1058. 
 
 May purchaser recover damages for fraud 
 as to both articles where one article 
 is substituted for another at his re- 
 quest and both are defective. 37 L.R.A. 
 (N.S.) 298 
 
 Jfeffin iritfi this boofc on every law question. 
 
 FRAUD AND DECEIT, VI. cont'd 
 
 Right of one partner of dissolved firm to 
 maintain action at law against another 
 for fraud practised on dissolution with 
 respect to assets. 6 L.R.A. (N.S.) 263. 
 
 False statements in reports required by 
 statute to be made to public officers, 
 as basis of action by individuals at 
 common law for deceit against officers 
 or directors of corporation personally. 
 6 L.R.A. (N.S.) 872. 
 
 Action for price as bar to action for dam- 
 ages for. 8 L.R.A. (N.S.) 582. 
 
 Proof of claim in bankruptcy as bar to 
 action for deceit in securing credit. 43 
 L.R.A. (N.S.) 649. 
 
 Right of action for fraud in entering into 
 partnership contract with intent of 
 not going on with business. 51 L.R.A. 
 (N.S.) 94. 
 
 Action for damages for fraud in securing 
 execution of bill or note not yet duo. 
 52 L.R.A. (N.S.) 945. 
 
 Survival of cause of action, and abatement 
 and revival of action, for deceit or 
 false representations, upon death of 
 party. 52 L.R.A. (N.S.) 885. 
 
 Knowledge of plaintiff's agent as defense 
 in action for false and fraudulent mis- 
 representaion, where his knowledge was 
 not disclosed to plaintiff. 6 B. R. 
 C. 952. 
 
 38. Recovery back of property. 
 
 Recovery of nonexempt property conveyed 
 to avoid nonexistent or unfounded de- 
 mand on false representations by gran- 
 tee. 1 L.R.A.(N.S.) 1012; L.R.A.1918E, 
 367. 
 
 Replevin by seller of property from fraud- 
 ulent purchaser. 1 L.R.A. (N.S.) '474. 
 
 Right of seller to reclaim goods ae against 
 assignee for creditors or trustee in 
 bankruptcy of buyer who procured them 
 by false representations. 17 L.R.A. 
 (N.S.) 1032. 
 
 39. Recovery back of money. 
 
 Return of assessment on benefit certificate 
 proving void for fraud. 3 L.R.A. (N.S.) 
 114. 
 
 Right of holder of policy to recover premi- 
 ums paid upon the faith of the agent's 
 false representation, notwithstanding 
 part performance. 3 B. R. C. 852. 
 
 Right to recover from agent money paid 
 him for his principal where payment 
 was induced by agent's fraud. 23 
 L.R.A. (N.S.) 560. 
 
 Equity jurisdiction of suit by trustee in 
 bankruptcy to recover sum of money 
 from one who has received a fraudulent 
 transaction or unlawful preference. 
 16 L.R.A.(N.S.f 414. 
 
 Right to recover back money paid on sub- 
 scription to corporate stock in case of 
 fraud. 33 L.R.A. 722. 
 
 Action for money had nd received as 
 proper remedy to recover money secured 
 by a fraudulent contract. 36 L.R.A. 
 (N.S.) 602.
 
 INDEX TO L.R.A. .NOTES. 
 
 591 
 
 FRAUD AND DECEIT, VI. cont'd 
 Recovery back of nonexempt property con- 
 veyed to avoid nonexistent or unfound- 
 ed" demand. 1 L.R.A. (N.S.) 1007. 
 
 40. Prerequisites to relief. 
 
 Exhausting remedy at law as condition 
 precedent to equitable remedies of cred- 
 itors on ground of fraud. 23 L.R.A. 
 (N.S.) 104. 
 
 Necessity of returning consideration before 
 bringing replevin for property obtained 
 by fraudulent purchase. 21 L.R.A. 
 206. 
 
 Return or tender of consideration for re- 
 lease of claim for personal injuries set 
 aside on ground of fraud. 35 L.R.A. 
 (N.S.) 660; L.R.A.1918F, 1073. 
 
 Compliance with contract for the purchase 
 of real estate as condition precedent to 
 the right of the vendee to maintain 
 an action against his vendor for fraud 
 and deceit. L.R.A.1915F, 962. 
 
 41. Set-off based on fraud. 
 
 Set-off on account of, in mortgage fore- 
 closure. 21 L.R.A. 324. 
 
 Effect of fraudulent assignment of judgment 
 to defeat set-off. 23 L.R.A. 338. 
 
 VII. Waiver of fraud. 
 
 42. Generally. 
 
 Waiver of. 67 L.R.A. 705. 
 
 Waiver of right of action for damages for 
 fraud or deceit. L.R.A.1918A, 106. 
 
 Retention of policy of insurance as waiver 
 of fraud of insurer or its agent. 67 
 L.R.A. 705; 38 L.R.A. (N.S.) 787. 
 
 Waiver of fraud by completing executory 
 contract for sale of personal property 
 after discovering the fraud. 8 L.R.A. 
 (N.S.) 452. 
 
 Of right to rescind contract for purchase 
 of real property because of misstate- 
 ment as to title. 39 L.R.A. (N.S.) 114. 
 
 FRAUDS, STATUTE OF. 
 
 See CONTRACTS, 25-59. 
 
 FRAUDULENT CONVEYANCES. 
 
 I. In general, 1-5. 
 II. Consideration; voluntary trans- 
 fers, 6, 7. 
 
 III. Preferences; mortgages; purchase 
 
 by creditor from debtor, 8- 
 11. 
 
 IV. Notice; participation in fraud; 
 
 rights of purchaser, 12-17. 
 V. Reservation of interest; retention 
 
 of possession, 1S-2O. 
 VI. Transactions between husband 
 and wife and other relatives, 
 21, 21a. 
 
 VII. Who matj assail transfer, 22. 
 VIII. Subsequent creditors, 23. 
 
 IX. Remedies, 24-26. 
 Consult also L.R.A. Digests of Cases. 
 
 , FRAUDULENT CONVEYANCES cont'd 
 /. In general. 
 
 1. Generally. 
 
 By bankrupt, see BANKRUPTCY, 13-17. 
 
 Presumptions and burden of proof as to, 
 see EVIDENCE, 48-50. 
 
 Sufficiency of proof as to, see EVIDENCE, 
 302. 
 
 Conveyances in fraud of marital rights, see 
 HUSBAND AND WIFE, 43, 43a. 
 
 Collusiveness of judgment on which action 
 to set aside conveyance is based, see 
 JUDGMENT, 38. 
 
 As to fraud, generally, see FRAUD AND 
 DECEIT. 
 
 Conflict of laws as to. L.R.A.1916A, 1041 
 
 Conveyance or transfer by one secondarily 
 liable. 47 L.R.A. (N.S.) 320. 
 
 Fraudulent sale of trademark. 1 L.R.A. 
 (N.S.) 727. 
 
 Validity of pledge or other transfer of 
 stock of corporation when not made in 
 books of company as against attach- 
 ments, executions, or subsequent trans- 
 fers. 20 L.R.A. (N.S.) 996. 
 
 Conveyance or transfer to indemnify sure- 
 ties or indorsers as a voluntary as- 
 signment for creditors. 31 L.R.A. 
 (N.S.) 332. 
 
 Right of insolvent debtor to transfer his as- 
 sets to a third person, who is to apply 
 the proceeds to the claims of such 
 creditors as he sees fit. 21 L.R.A. 
 (N.S.) 513. 
 
 Right to dower upon avoidance of convey- 
 ance as against creditors. 32 L.R.A. 
 (N.S.) 103. 
 
 Admissibility of declarations by vendor 
 made out of court as to his purpose in 
 making a conveyance or transfer at- 
 tacked as fraudulent as against credi- 
 tors. 41 L.R.A. (N.S.) 1. 
 
 Federal courts following state decisions as 
 to questions in relation to fraudulent 
 transfers. 40 L.R.A. (N.S.) 420. 
 
 la. Sales In hulk. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 55. 
 
 Statutory requirements on sale of stock of 
 goods in bulk. 2 L.R.A. (N.S.) 331. 
 
 Notice to creditors under Bulk Sales Law. 
 L.R.A.1917F, 230. 
 
 Effect of misrepresentations in statement 
 seller is required to make as a con- 
 dition of a valid sale in bulk. 45 L.R.A. 
 (N.S.) 492. 
 
 Applicability of Bulk Sales Law to trans- 
 fer to corporation or partnership or- 
 ganized to take over the business 
 L.R.A.1918C, 932. 
 
 Applicability of Bulk Sales Law to sale of 
 an undivided interest. L.R.A.1917D. 
 623. 
 
 Applicability of statutes relating to sales 
 of stocks of goods in bulk to transfer 
 in payment of a creditor. 12 L.R.A. 
 (N.S.) 174. 
 
 Is chattel mortgage within meaning of 
 sales in Bulk Law. 12 L.R.A.(N.S.) 
 178.
 
 592 
 
 INDEX TO L.R.A. NOTES. 
 
 FRAUDULENT CONVEYANCES, I. FRAUDULENT CONVEYANCES, I, 
 
 cont'd 
 
 What kind or classes of property are with- 
 in the operation of bulk-sale statutes. 
 LT> L.R.A. (N.S.) 758; 45 L.R.A.(N.S.) 
 495. 
 
 Applicability of bulk sales law to exempt 
 property. 45 L.R.A. (N.S.) 497. 
 
 What are "fixtures" within meaning of 
 Bulk Sales Law. 34 L.R.A. (N.S.) 218. 
 
 Sale of stock of liquors. L.R.A.1916D, 1010. 
 
 Remedy of creditors where sale is made 
 in violation of Bulk Sales Law. 39 
 L.R.A. (N.S.) 374; L.R.A.1916B, 974. 
 
 Validity as against purchaser of stock of 
 goods in bulk of conditional sale con- 
 tract permitting purchaser to resell in 
 the ordinary course of business. L.R.A. 
 1917B, 659. 
 
 Right of purchaser in violation of Bulk 
 Sales Law, where price has been applied 
 to payment of creditors of seller. 51 
 L.R.A'. (N.S.) 343. 
 
 Right of purchaser to indemnity for ex- 
 pense of defending suit or proceeding 
 based on Bulk Sales Act. L.R.A.1916F, 
 551. 
 
 2. As between parties or privies. 
 
 Recovery of nonexempt property conveyed 
 to avoid nonexistent or unfounded de- 
 mand. 1 L.R.A. (N.S.) 1007; L.R.A. 
 1918E, 367. 
 
 Is a judgment in a suit to set aside a fraud- 
 ulent conveyance, which purports to de- 
 vest entirely the title of the grantee, 
 res judicata, as between grantor and 
 grantee or their privies. 21 L.R.A. 
 (N.S.) 481. 
 
 Right of client to recover property placed 
 in name of his attorney in order to 
 defraud creditors. 37 L.R.A. (N.S.) 
 161. 
 
 Applicability of statutory provision for re- 
 storation of property in case of divorce 
 to conveyances in fraud of creditors. 
 39 L.R.A.(N.S.) l'J3. 
 
 3. Effect of grantor's intent. 
 
 What intent to defraud by sale of property 
 will sustain an attachment. 30 L.R.A. 
 476. 
 
 Grantor's purpose to avoid his obligations 
 as affecting delivery of deed to third 
 person. 54 L.R.A. 884. 
 
 Purchaser's ignorance of debtor's fraudu- 
 lent intent in conveyance to him. 36 
 L.R.A. 338. 
 
 Effect of intent to avoid liability on re- 
 covery of nonexempt property conveyed 
 to avoid nonexistent or unfounded de- 
 mand. 1 L.R.A. (N.S.) 1008. 
 
 Right of insolvent to testify as to his in- 
 tent, 23 L.R.A. (N.S.) 395. 
 
 8 . Effect on legal title. 
 
 As to creditors. 67 L.R.A. 865. 
 
 Title of fraudulent grantee as to parties 
 not creditors. 67 L.R.A. 889. 
 
 Title of bona fide purchaser from fraudu- 
 lent grantee. 67 L.R.A. 891. 
 
 cont'd 
 
 Title conveyed by bona fide purchaser to 
 one having knowledge of the fraxid. 67 
 L.R.A. 898. 
 
 When title is in fraudulent grantee as to 
 his creditors. 67 L.R.A. 899. 
 
 Rights of purchaser other than judgment 
 creditor at execution sale. 67 L.R.A. 
 900. 
 
 Validity of title or lien acquired by cred- 
 itor of fraudulent transferrer through 
 fraudulent transferee. 5 B. R. C. 277. 
 
 5. Rights of creditors in personal 
 services of debtor. 
 
 See DEBTOR AND CREDITOR, 2. 
 
 77. Consideration; voluntary transfers. 
 
 6. Generally. 
 
 Pre-existing debt as consideration for bona 
 fide purchase of property not negotia- 
 ble. 36 L.R.A. 161. 
 
 Consideration for conveyance from debtor 
 to creditor in satisfaction of debt. 36- 
 L.R.A. 346. 
 
 When will a purchaser of property for less 
 than its value, without fraudulent in- 
 tent, be regarded as a trustee for cred- 
 itors. 5 L.R.A. (N.S.) 395. 
 
 Participation by purchaser in vendor's 
 fraud which will invalidate transfer 
 for good consideration. 32 L.R.A. -33. 
 
 May one be a "purchaser" for a valuable 
 consideration where nothing capable of 
 money measurement is given. 4 B. R. 
 C. 782. 
 
 Right of creditors to attack conveyance- 
 made in pursuance of previous oral 
 agreement unenforceable because of 
 statute of frauds. L.R.A.1916D, 1213.. 
 
 7. Voluntary conveyances. 
 
 Voluntary conveyance; validity of. 4 
 
 L.R.A. 353. 
 Validity of gift of husband's services to 
 
 wife as against creditors. 21 L.R.A. 
 
 623.. 
 Gift as a fraud on contract to will property.. 
 
 20 L.R.A.(N.S.) 1154. 
 
 of releasor. L.R.A.1918A, 
 
 creditors 
 404. 
 
 III. Preferences ; mortgages ; 
 &}/ creditor from debtor. 
 
 8. Preferences. 
 
 In assignment for creditors, see ASSIGN- 
 MENT FOR CREDITORS, 15, 16. 
 
 By bankrupt, see BANKRUPTCY, 13-17. 
 
 By insolvent bank, see BANKS, 40. 
 
 By insolvent corporation generally, see 
 CORPORATIONS, 137. 
 
 By insolvent debtor generally, see INSOL- 
 VENCY, 3. 
 
 Begin with this boolc on every law question. 
 
 Sa. by mortgage. 
 
 Instrument of transfer absolute in form but 
 
 intended as a 'mortgage. L.R.A.191GB, 
 
 576.
 
 INDEX TO L.R.A. NOTES. 
 
 593 
 
 FRAUDULENT CONVEYANCES, III. 
 cont'd 
 
 Preference by mortgage or sale as an as- 
 signment for creditors. 37 L.R.A. 337. 
 
 Effect of insolvency statutes on mortgage 
 preferring creditors. 37 L.R.A. 465. 
 
 9. Mortgages. 
 
 Preference by, see supra, 8a. 
 
 Rights and remedies of creditors of chattel 
 
 mortgagor, see CHATTEL MORTGAGE, 
 
 13-15. 
 
 Governing law of sale or mortgages of per- 
 sonal property, as affected by fraud 
 against creditors. 11 L.R.A. (N.S.) 
 1007. 
 
 May a mortgage for an actual contempo- 
 raneous loan be set aside as fraudulent 
 as against creditors. 26 L.R.A. (N.S.) 
 1068. 
 
 May a chattel mortgage fraudulent as to 
 a portion of the property be upheld as 
 to the remainder. 13 L.R.A. (N.S.) 921. 
 
 10. Purchase by creditor from 
 debtor. 
 
 Participation in debtor's fraudulent intent, 
 see infra, 14. 
 
 Effect of taking an excessive amount of 
 property from debtor in payment of a 
 claim as a fraud against other credit- 
 ors. 21 L.R.A.(N.S.) 222. 
 
 11. right to purchase. 
 
 Generally. 36 L.R.A. 335. 
 
 Purchaser's ignorance of the debtor's intent. 
 36 L.R.A. 338. 
 
 Purchaser's knowledge of the intent or ef- 
 fect. 36 L.R.A. 339. 
 
 As to parties preferred. 36 L.R.A. 341. 
 
 As to the consideration. 36 L.R.A. 346. 
 
 Where the conveyance was held partly void, 
 but a lien was allowed. 36 L.R.A. 354. 
 
 Where there was a trust reserved for the 
 debtor. 36 L.R.A. 356. 
 
 Participation by the preferred creditor in 
 the fraud of the debtor. 36 L.R.A. 360. 
 
 Burden of proof. 36 L.R.A. 361. 
 
 Fraudulent intent a question of fact. 36 
 L.R.A. 363. 
 
 Louisiana cases. 36 L.R.A. 364. 
 
 IV. Notice; participation in fraud,' 
 of purchaser. 
 
 12. Notice to purchaser. 
 
 Necessity of actual notice to purchaser of 
 seller's fraud. 9 L.R.A. 419.* 
 
 8 13. Participation in debtor's fraud. 
 
 Participation by preferred creditor in debt- 
 or's fraud in conveying property in 
 payment of debt. 36 L.R.A. 306. 
 
 l-l. participation in fraudulent in- 
 tent. 
 
 Participation by creditor in fraudulent in- 
 tent of debtor which will make a 
 transfer to pay Or secure his debt 
 
 , invalid as to other creditors. 31 
 
 L.R.A. 609. 
 
 Participation by agent. 31 L.R.A. 642. 
 
 Consult ulw T..R.A. Digests of Cases. 
 
 FRAUDULENT CONVEYANCES, IV. 
 
 cont'd 
 15. invalidation by, of transfer 
 
 for good consideration. 
 
 Necessity of participation; general doctrine. 
 
 32 L.R.A. 33. 
 What constitutes participation. 32 L.R.A. 
 
 36. 
 Effect of payment of full consideration. 32 
 
 L.R.A. 40. 
 The intent necessary to constitute fraud. 
 
 32 L.R.A. 41. 
 To what conveyances the rule applies. 82 
 
 L.R.A; 43. 
 
 Necessitv of injury to creditors. 32 L.R.A, 
 
 44. 
 
 Knowledge or notice sufficient to put pur- 
 chaser upon inquiry. 32 L.R.A, 
 44. 
 
 Payment after notice. 32 L.R.A. 63. 
 Application of purchase price to debts. 32 
 
 L.R.A. 65. 
 Effect of assumption of vendor's debts. 32 
 
 L.R.A. 66. 
 Effect of relationship or intimacy of parties. 
 
 32 L.R.A. 67. 
 Effect of fraud in other transactions. 32 
 
 L.R.A. 69. 
 Registration and failure to record. 32 
 
 L.R.A. 69. 
 Purchases from fraudulent grantees. 32 
 
 L.R.A. 69. 
 Presumptions and burden of proof. 32 
 
 L.R.A. 71. 
 Effect of participation. 32 L.R.A. 72. 
 
 16. Rights of purchaser. 
 
 Right to attack judgment, see JUDGMENT. 
 53. 
 
 Attack by alleged fraudulent grantee on 
 judgment on which action to set aside 
 his conveyance is based. 67 L.R.A. 590. 
 
 May one who takes a contract or bond for 
 the conveyance of property from a 
 third person to defraud the creditors of 
 another who had the legal title to the 
 property, but represented it to be in 
 such third person, invoke the doctrine 
 of estoppel against him. 13 L.R.A. 
 (N.S.) 1118. 
 
 17. from fraudulent grantee. 
 
 Protection of bona fide purchaser from 
 fraudulent grantee. 3 L.R.A. 822.* 
 
 V. Reservation of interest; retention of 
 possession. 
 
 of 
 
 interest by 
 
 18. Reservation 
 grantor. 
 
 Reservation of surplus upon assignment of 
 chose in action as security, .as a 
 fraud upon other creditors. ' 30 
 L.R.A. (N.S.) ,370. 
 
 Effect of contemporaneous agreement to 
 give debtor employment or retain him 
 in a position, to render attempted pref- 
 erence invalid as to other creditors. 
 17 L.R.A.(N.S.) 310. 
 
 19. Retention of possession; failure 
 to flic. 
 
 Permitting chattel mortgagor to retain pos- 
 session, see CHATTEL MORTGAGE. 14.
 
 594 
 
 IXDEX TO L.R.A. NOTES. 
 
 FRAUDULENT CONVEYANCES, V. 
 cont'd 
 
 Retention by grantor as showing fraudulent 
 intent. 31 L.R.A. 635. 
 
 Sufficiency of change of, as regards credit- 
 ors by delivery to carrier. 22 L.R.A. 
 425. 
 
 Estoppel of one who permits title to real 
 property to stand in another's name to 
 assert title as against latter's credit- ; 
 ors. 30 L.R.A.(N.S.) 1; 46 L.R.A. 
 (N.S.) 1097. 
 
 Rights of purchaser of personal property 
 who temporarily leaves it in possession \ 
 of 'vendor, because of inconvenience of j 
 taking immediate possession, as against 
 subsequent purchasers from, or attach- 
 ing creditors of, the vendor. 25 L.R.A. 
 (N.S.) 604. 
 
 Is failure to take immediate possession up- 
 on sale of chattels cured by taking pos- 
 session before attachment of the par- 
 ticular right or lien of the person at- 
 tacking the sale. 28 L.R.A. (N.S.) 214. 
 
 Necessity of delivery to protect purchaser 
 against creditors of seller of an un- 
 divided interest in personalty not in 
 his possession. 31 L.R.A. (N.S.) 1162. 
 
 20. Overcoming presumption of 
 fraud flowing from retention. 
 
 The English rule. 24 L.R.A. (N.S.) 1131. 
 Rule that presumption is conclusive. 24 
 
 L.R.A. (N.S.) 1133. 
 Rule that presumption is prirna facie. 24 
 
 L.R.A. (N.S.) 1143. 
 
 VI. Transactions betiveen husband and 
 ivife and other relatives. 
 
 21. Generally. 
 
 Transactions between, as fraud on creditors. 
 32 L.R.A. 67. 
 
 Preference of relative by transfer of prop- 
 erty in satisfaction of debt. 36 L.R.A. 
 341. 
 
 Effect of relationship to show participation 
 by creditors in debtor's fraudulent in- 
 tent. 31 L.R.A. 645. 
 
 2 la. Husband and wife. 
 
 Validity of marriage settlement as against 
 creditors. 32 L.R.A. 43. 
 
 Wife's right to insure husband's life with 
 reference to husband's creditors. 53 
 L.R.A. 820. 
 
 Policy of life insurance payable to wife as 
 assets of bankrupt or insolvent hus- 
 band. 50 L.R.A. 33; 46 L.R.A. (N.S.) 
 148. 
 
 Right of husband's creditors to reach fruits 
 of his management of, or services in 
 connection with, wife's separate estate 
 or business. 21 L.R.A. 623; 23 L.R.A. 
 (N.S.) 1124. 
 
 Invalidity of contract between husband and 
 wife to compromise pending or con- 
 templated divorce suit as against cred- 
 itors of insolvent husband. 60 L.R.A. 
 413. 
 
 Burden of proof as to fraud against credit- 
 ors in transfer from husband to wife. 
 56 L.R.A. 823. 
 
 Begin ivitli this book on every la\v question. 
 
 FRAUDULENT CONVEYANCES, VI. 
 
 cont'd 
 
 Validity of arrangement for household fi- 
 nances as against husband's cred- 
 itors. 43 L.R.A.(N.S.) G85. 
 "Butter money," etc. 48 L.R.A. (N.S.) 
 689. 
 
 VII. Who may assail transfer. 
 
 22. Generally. 
 
 Subsequent creditors, see infra, 23. 
 
 Right of purchaser on execution to set aside 
 fraudulent conveyance. 15 L.R.A. 784. 
 
 Right of creditor to attack judgment against 
 debtor in favor of another creditor on 
 ground of accident or mistake. 2!) 
 L.R.A. (N.S.) 1190. 
 
 Law determining right of foreign assignee 
 for creditors to avoid fraudulent con- 
 veyance. 65 L.R.A. 365. 
 
 Right of administrator de bonis non to 
 avoid fraudulent transfers by predeces- 
 sors. 40 L.R.A. 72. 
 
 Right of devisee or legatee to attack con- 
 veyance or transfer by testator. 30 
 L.R.A. (N.S.) 194. 
 
 VIII. Subsequent creditors. 
 
 23. Generally. 
 
 Right as against subsequent creditors to 
 create trust to pay the income to set- 
 tlor for life and after his death to his 
 heirs or devisees. 12 L.R.A. (N.S.) 
 369. 
 
 Right of subsequent creditor to question 
 corporate mortgages in favor of, or for 
 the benefit of. directors, in absence of 
 fraud. 12 L.R.A. (N.S.) 825. 
 
 IX. Remedies. 
 
 24. Generally. 
 
 Who may assail transfer sj see supra, 22. 
 
 23. 
 Creditors' bill to set aside, see CREDITORS' 
 
 BILL. 
 
 As to real property in another state or coun- 
 try. 69 L.R.A. 688; 27 L.R.A. (N.S.) 
 420. 
 
 Action by general creditor for damages 
 against third party on account of fraud 
 in disposing of debtor's property, or 
 preventing plaintiff from collecting his 
 claim. 47 L.R.A. 433; L.R.A.1917E, 
 1148. 
 
 Recovery of nonexempt property conveyed 
 to avoid nonexistent or unfounded de- 
 mand. L.R.A.1918E, 367. 
 
 May creditor of fraudulent vendor, without 
 lien, maintain an action ex delicto 
 or ex contractu against a fraudu- 
 lent vendee who has converted or 
 disposed of the property. 26 
 L.R.A.(N.S.) 545. 
 
 Right of creditor of bankrupt to set aside 
 transfer in fraud of creditors. 10 
 L.R.A. (N.S.) 305. 
 
 Equity jurisdiction of suit by trustee in 
 bankruptcy to recover sum of money 
 from one who has received fraudulent 
 transfer on unlawful preference. 16 
 L.R.A.(N.S.) 414.
 
 INDEX TO L.R.A. NOTES. 
 
 595 
 
 FRAUDULENT CONVEYANCES, IX. 
 
 cont'd 
 Right to attach property after fraudulent 
 
 transfer on unlawful preference, 16 
 
 L.R.A. (N.S.) 414. 
 Right to attacli property after fraudulent 
 
 assignment for creditors. 26 L.R.A. 
 
 595. 
 Remedy of creditors where sale is made in 
 
 violation of bulk sales law. 39 L.R.A. 
 
 (N.S.) 374; L.R.A.1916B, 974. 
 Right to accept favorable part of decree and 
 
 appeal from the rest. 29 L.R.A. (N.S.) 
 
 14. 
 
 25. Injunction. 
 
 Surety's right prior to obtaining a judg- 
 ment or lien to enjoin principal's trans- 
 fer of property to defraud him. 15 
 L.R.A. (N.S.) 484. 
 
 Injunction against execution sales of fraud- 
 ulent purchasers. 30 L.R.A. 114. 
 
 26. Conditions precedent. 
 
 Conditions precedent to equitable remedies 
 of creditors in case of fraudulent as- 
 signments. 23 L.R.A. (N.S.) 118. 
 
 FRAUDULENT ENLISTMENT. 
 
 Right of minor unlawfully enlisted in Army 
 or Navy to discharge on habeas corpus 
 from custody of court-martial under 
 charge of. 18 L.R.A. (N.S.) 956; L.R.A. 
 1917D, 1059. 
 
 FRAUDULENT INTENT. 
 
 See INTENT, 11. 
 
 FREE CHURCH. 
 
 Rights in pews in. 22 L.R.A. 215. 
 
 FREE DELIVERY. 
 
 Statute requiring express companies to 
 make in certain cities as interference 
 with interstate commerce. 19 L.R.A. 
 
 (N.S.) 94. 
 
 FREEDOM. 
 
 Unconstitutional restraint on, see CONSTI- 
 TUTIONAL LAW, IX. 
 
 Discrimination against women in restric- 
 tions of. 49 L.R.A. 111. 
 
 FREEDOM OF SPEECH, PRESS AND 
 WORSHIP. 
 
 Sec CONSTITUTIONAL LAW, 29a. 
 Consult also L.R.A. Digests of Cases. 
 
 FREEHOLDERS. 
 
 Necessity that grand juror be. 28 L.R.A. 
 197. 
 
 FREEHOLD ESTATE. 
 
 Applicability of rule in Shellev's Case to. 
 29 L.R.A. (N.S.) 1031. 
 
 FREE MARKET. 
 
 Diversion of trade by labor union from one 
 with whom it is in controversy as viola- 
 tion of right to. 1 B. R. C. 274. 
 
 FREE MASONS. 
 
 Power of courts to review decisions of tri- 
 bunals of. 49 L.R.A. 353. 
 
 FREE PASS. 
 
 See CARRIERS, 23, 29. 
 
 "*"> 
 
 FREE PASSENGERS. 
 
 See CARRIERS, 7, 23, 29, 57. 
 
 FREE SCHOOLS. 
 
 See SCHOOLS. 
 
 FREE SERVICE. 
 
 By physician or surgeon. 37 L.R.A. 837. 
 
 FREE SPEECH. 
 
 See CONSTITUTIONAL LAW, 29b. 
 
 FREE TRANSPORTATION. 
 
 Of passenger, see CARKIEKS. 7. 23, 29, 57. 
 
 Duty of public to furnish free transporta- 
 tion to pupils. 37 L.R.A. (N.S.) 1110. 
 
 FREEZING. 
 
 Duty of carrier to protect goods in transit 
 from. 39 L.R.A. (N.S.) 640, 645.
 
 5!>6 
 
 INDEX TO L.R.A. NOTES. 
 
 FREEZING cont'd 
 
 Duty of building contractor to. protect work 
 "from freezing. 16 L.R.A.(N.S.) 801. 
 
 Liability of landlord to tenant for loss due 
 to bursting water pipes caused by freez- 
 ing. L.R.A.1917B. 244. 
 
 Recovery under Workmen's Compensation 
 Act for injury caused by. L.R.A. 193 8F, 
 936. 
 
 FREIGHT. 
 
 Carriers of, see CARRIERS, IV. 
 
 Hypothecation of. 70 L.R.A. 431. 
 Lien for. 70 L.R.A. 358, 368. 
 Right of mortgagee of ship as to freight. 
 4 B. R. C. 538. 
 
 FREIGHT AGENCIES. 
 
 Character of, as common 
 L.R.A.(N.S.) 902. 
 
 carriers. 
 
 42 
 
 FREIGHT AGENT. 
 
 Authority of, to contract for services of 
 other persons. L.R.A.1918F, 63. 
 
 Authority of freight agent of initial car- 
 rier to extend carrier's undertaking be- 
 yond its own line. 31 L.R.A. (N.S.) 
 33. 
 
 Carrier's liability for malicious acts of, 
 towards patron. 4 L.R.A. (N.S.) 494. 
 
 Carrier's liability for malicious refusal of, 
 to deliver freight. 7 L.R.A. (N.S.) 926. 
 
 FRICTION MATCHES. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 FRIEND. 
 
 Voluntariness of confession to. 18 L.R.A. 
 
 (N.S.) 855; 50 L.R.A. (N.S.) 1077. 
 Killing or assaulting of, as sufficient prov- 
 ocation to reduce homicide to man- 
 slaughter. 17 L.R.A. (N.S.) 795. 
 
 FRIEND OF COURT. 
 
 See AMICUS CURIAS. 
 
 *-- 
 
 FREIGHT CARS. 
 
 Carrier's duty as to, see CARRIERS, 136- 
 140. 
 
 Liability for failure to furnish, see CAR- 
 BIERS, 139, 140. 
 
 FREIGHT CHARGES. 
 
 See CARRIERS, IV. g. 
 
 FREIGHT ELEVATORS. 
 
 See ELEVATORS, 2-8. 
 
 FREIGHT TRAINS. 
 
 Passengers on, see CARRIERS, 61, 85, 95. 
 
 FRESHET. 
 
 FRIGHT. 
 
 1. Of animal. 
 
 Of horse, see HORSES, 7-14. 
 
 Of animals on railroad track, see RAILROADS. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 725. 
 
 Liability for injuries in consequence of 
 fright of animals not on highway be- 
 cause of an improper use of highway. 
 L.R.A. 1918D, 571. 
 
 Liability for injury to animal from fright 
 caused by wrongful act. L.R.A.1917C, 
 991. 
 
 Liability for frightening animal to death. 
 23 L.R.A. (N.S.) 183. 
 
 Sufficiency of general allegations as to neg- 
 ligence by frightening of animals. 59 
 L.R.A. 233. 
 
 Duty of carrier to guard against results of 
 
 fright of live stock. 
 642. 
 
 39 L.R.A. (N.S.) 
 
 Liability of one damming back water of 
 stream for injury by. 59 L.R.A. 876. 
 
 irith (his buoh- on every law question. 
 
 2. Of 1 1 it n 1:111 being. 
 Proximate cause of injury by, see PROXI- 
 MATE CAUSE,- 18-20. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 725. 
 
 As a basis for cause of action. 14 L.R.A. 
 666. 
 
 Consequential injuries in case of. 53 L.R.A. 
 633. 
 
 As element of damages for injury by dog. 
 37 L.R.A. (N.S.) 866. 
 
 Liability for frightening passenger. 45 
 * L.R.A. (N.S.) 433. 
 
 As proximate result of discharging passen- 
 ger at improper place or one not his 
 destination. 7 L.R.A. (N.S.) 1182. 
 
 Is one causing fright by unlawful act guilty 
 of homicide because death follows 
 fright. 16 L.R.A. (N.S.) 327. 
 
 Liability of carrier for injury to pregnant 
 woman by seeing lunatic on train. 3ft 
 L.R.A. (N.S.) 647.
 
 INDEX TO L.R.A. NOTES. 
 
 57 
 
 FRIG FIT confd 
 
 3. liability for physical injury re- 
 sulting from. 
 
 Right to recover for physical injury result- 
 ing from fright caused by a wrong- 
 ful act. 3 L.R.A. (N.Si) 49; 22 
 L.R.A.(N.S.) 1073: 24 L.R.A. 
 (N.S.) 1159; L.R.A.1915D, 830. 
 Liability for physical injury to passenger 
 resulting from fright. 45 L.R.A. (N.S.) 
 435. 
 
 FRIVOLOUS SUITS. 
 
 Eight of court to decline jurisdiction of. 
 6 B. R. C. 334. 
 
 FROGS. 
 
 See UNBLOCKED SWITCHES. 
 
 FRONTAGE TAX. 
 
 See PUBLIC IMPROVEMENTS, 25. 
 
 FRONT-FOOT RULE. 
 
 Assessments for public improvements by the 
 front-foot rule, see PUBLIC IMPROVE- 
 MENTS, 25. 
 
 FROST. 
 
 Provision exemj ting carrier from liability 
 for loss by frost as extending to loss 
 caused by negligence. 6 B. R. C. 130. 
 
 FROST BITES. 
 
 Injury from, as within protection of Work- 
 men's Compensation Act. L.R.A.1917D, 
 108, 129. 
 
 FROSTY. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 FRUCTUS INDUSTRIALES. 
 
 See CROPS. 
 
 Consult also L.R.A. Digests of Cases. 
 
 FRUIT. 
 
 Fruit trees, see FRUIT TREES. 
 
 As subject of larceny. 49 L.R.A. (N.S.) 966, 
 
 969. 
 Title to, when wrongfullv severed. 32 
 
 L.R.A. 422. 
 Classification of growing fruit as real or 
 
 personal property. 16 L.R.A. 103. 
 Right to fruit and clippings from trees near 
 
 boundary line. 21 L.R.A. 730; L.R.A. 
 
 1915E, 307. 
 
 FRUIT STAND. 
 
 Power of municipality to grant permit for, 
 on street or sidewalk. 25 L.R.A. (N.S.) 
 402. 
 
 FRUIT TREES. 
 
 Measure of damages for injury to, or de- 
 struction of. 19 L.R.A. 658; 11 L.R.A. 
 (N.S.) 930; 28 L.R.A. (N.S.) 757; 37 
 L.R.A. (N.S.) 1115. 
 
 Right as between owner of land and owner 
 of trees to annual product of trees. 
 L.R.A.1915E, 307. 
 
 FUEL. 
 
 Validity of sale of, in violation of law. 
 
 12"L.R.A.(N.S.) 597. 
 Right of life tenant to timber for. 37 
 
 L.R.A.(N.S.) 764. 
 Action on contractor's bond for cost of. 43 
 
 L.R.A. (N.S.) 167; L.R.A.1915F, 953. 
 Mechanics' lien for fuel consumed in process 
 
 of work. L.R.AJ 915E, 987. 
 
 FUGITIVES FROM JUSTICE. 
 
 In general, see EXTRADITION. 
 
 As nonresidents for purpose of attachment. 
 19 L.R.A. 668. 
 
 FULL AGE. 
 
 See MAJORITY, 1. 
 
 FULL CREW ACT. 
 
 40 
 
 Constitutionality and application of. 
 
 L.R.A.(N.S.) 077. 
 As interference with interstate commerce. 
 
 29 L.R.A.(N.S.) 240; 52 L.R.A. (N.S.) 
 
 268.
 
 INDEX TO L.R.A. NOTES. 
 
 FULL DISCLOSURE. 
 
 Dutv of accomplice testifying for prosecu- 
 'tion to make. 24 L.R.A.(N.S.) 443. 
 
 FULL FAITH AND CREDIT. 
 
 To statvite of other. state, see CONFLICT OF 
 
 LAWS. 
 
 To judgment of other state, see JUDGMENT, 
 '^ 
 
 FULL OWNERSHIP. 
 
 Of insured property, see INSURANCE, 67. 
 
 FULL PAID STOCK. 
 
 Effect of creditor's knowledge that stock 
 was improperly issued as full paid on 
 his right to resort to holder. 8 L.R.A. 
 (N.S.) 271. 
 
 FUMES. 
 
 Liability of master for injury to servant by 
 fumes arising from materials handled 
 by him. 35 L.R.A. (N.S.) 679. 
 
 FUND. 
 
 Recovery of costs out of, see COSTS AND 
 FEES, 4. 
 
 FUNERAL. 
 
 Allowance for mental anguish resulting 
 from negligence in transmission of tele- 
 gram relating to, see DAMAGES, 102. 
 
 FUNERAL BENEFITS. 
 
 See INSURANCE, 219. 
 
 FUNERAL SERVICES. 
 
 Lack of, as a criminal offense. 42 L.R.A. 
 
 (N.S.) 2.13. 
 
 -4~~- 
 
 FUNERAL EXPENSES. 
 
 Liability of estate for, see EXECUTORS AND 
 ADMINISTRATORS, 36, 37. 
 
 Right to recover funeral expenses of per- 
 son negligently killed. 2 B. R. C. 711. 
 
 Husband's right at common law to recover j 
 funeral expenses caused by negligent 
 killing of wife. 9 L.R.A. (N.S.) 1193. 
 
 Liability of husband for funeral expenses of 
 wife. 47 L.R.A. (N.S.) 283. 
 
 FURNACES. 
 
 As part of realty. 1 B. R. C. 972. 
 
 FURNISHED HOUSES. 
 
 Implied covenant of fitness for purpose in- 
 tended. 33 L.R.A. 455. 
 
 FUTURE. 
 
 Promises as to future as fraud, see FRAUD 
 AND DECEIT, 8. 
 
 Effect of provision that term of lease shall 
 commence in future. 15 L.R.A. (N.S.) 
 1078. 
 
 FUTURE ACCOUNTS. 
 
 Mortgage or assignment of. 14 L.R.A. 126. 
 
 --* 
 
 FUTURE ACQUIRED PROPERTY. 
 
 Passing of, by deed, see DEEDS, 22. 
 
 FUTURE ADVANCES. 
 
 Security for, as participation by creditors 
 in debtor's fraudulent intent. 31 
 L.R.A. 631. 
 
 Keeping equitable mortgage alive after pay- 
 ment as security for. 1 L.R.A. (N.S.) 
 405. 
 
 Effect of recording within four months 
 period prescribed in bankruptcy act of 
 1898 of mortgage given for. 25 L.R.A. 
 (N.S.) 144. 
 
 Estoppel to set up original obligee's breach 
 of condition to make future advances, 
 as against assignee of contract for pay- 
 ment of money, not protected by the 
 law merchant. 23 L.R.A. (N.S.) 178. 
 
 Begin 'with this boo/,: on every law question. 
 
 FUTURE CROPS. 
 
 Chattel mortgage on, see CHATTEL MORT- 
 GAGE, 11. 
 
 Sale of. 23 L.R.A. 449; L.R.A.1917C, 8
 
 t 
 INDEX TO L.R.A. NOTES. 
 
 599 
 
 FUTURE DAMAGES. 
 
 See DAMAGES, 119. 
 
 FUTURE DELIVERY. 
 
 Right to dividends on sale of corporate 
 stock for. 45 L.R.A. 394; L.R.A.1917B, 
 326. 
 
 FUTURE EARNINGS. 
 
 Assignability of, see ASSIGNMENT, 6. 
 Mortgage of, see CHATTEL MORTGAGE, 10. 
 Rights and liabilities of parties to mortgage 
 
 as to, see MORTGAGE, 33. 
 Remedy for recovery of, see MASTER AND 
 
 SERVANT, 43a. 
 
 Garnishment of unearned salary. 20 L.R.A. 
 
 (N.S.) 912. 
 Equitable remedy to subject to judgment 
 
 after return of no property found. 63 
 
 L.R.A. 704. 
 
 FUTURE ESTATES. 
 
 In general, see DEEDS, 31; WILLS, 
 
 99-302. 
 
 Adverse possession against owners of. 19 
 L.R.A. 839. 
 
 FUTURE PROFITS. 
 
 Loss of, as element of damages, see DAM- 
 AGES, 307-118. 
 
 FUTURES. 
 
 Validity of dealings in, see CONTRACTS, 
 
 106, 116. 
 Relief from contracts as to futures, see 
 
 CONTRACTS, 116. 
 
 Power of legislature to enact prima facie 
 rule of evidence in prosecution for 
 dealing in. L.R.A.1915C, 728. 
 
 FUTURE WAGES. 
 
 See FUTURE EARNINGS, 
 
 GAMBLING. 
 
 See GAMING. 
 
 GAMBLING DEVICE. 
 
 Se GAMING, 6. 
 
 GAME. 
 
 Game laws, see GAME LAWS, 
 Game warden, see GAME WARDEN. 
 
 Taking of game as larceny. L.R.A.1918A, 
 547. 
 
 GAME LAWS. 
 
 Constitutionality of, see CONSTITUTIONAL 
 
 LAW, 98.* 
 As to fish, see FISHERIES. 
 
 Validity of contract in violation of. 12 
 
 L.R.A.(N.S.) 612. 
 Discrimination against nonresidents in 
 
 granting license to take fish or game. 
 
 40 L.R.A. (X.S.) 285. 
 Consult also L.JR.i. Digests of Cases. 
 
 GAME LAWS cont'd 
 
 Regulation of sale or transportation of 
 game raised in captivity. 10 L.R.A. 
 (N.S.) 1155. 
 
 Applicability of game laws to domesticated 
 animals. L.R.A. 1916C, 343. 
 
 Forfeiture of personal property used in 
 violation of. L.R.A.1916F, 913. 
 
 Constitutionality of the migratory birds 
 provision in the act of Congress of 
 March 4, 1913. L.R.AJ915F, 1031. 
 
 Nature and extent of right created by 
 private grant of hunting or fish- 
 ing privilege. 40 L.R.A. (N.S.) 
 299. 
 
 Cruel and unusual punishment for viola- 
 tion of. 35 L.R.A. 572; L.R.A.1935C, 
 566. 
 
 Serving game or fish with meal as violation 
 of game law. L.R.A.1917F, 769. 
 
 GAMES. 
 
 Fake game, see FAKE RACE. 
 
 Criminal liability for engaging in, see 
 
 GAMING. 
 See also AMUSEMENTS. 
 
 Prohibition of Sunday sports or games. 17 
 L.R.A. 830.
 
 <300 
 
 INDEX TO L.R.A. NOTES. 
 
 GAMES cont'd 
 
 Larceny by fraudulent race or game. 1 
 
 L.E.A.'(N.S.) 862; 20 L.R.A. (N.S.) 
 
 1164; 42 L.R.A. (N.S.) 735. 
 Homicide while engaged in. 63 L.R.A. 
 
 383. 
 
 GAMING. 
 
 /. In general, 1. 
 II. Criminal liability, 2-8. 
 
 I. In general. 
 
 % 1. Generally. 
 
 As to betting, see BETTING. 
 
 Conflict of laws as to gambling and lottery 
 contracts, see CONFLICT OF LAWS, 4. 
 
 Validity of wagering contract, see CON- 
 TBACTS, 105, 106, 115, 116. 
 
 Enforcement of gaming contract, see CON- 
 TRACTS, 115, 116. 
 
 Recovery for goods sold to aid business of. 
 15 L.R.A. 836. 
 
 Effect of landlord's knowledge that tenant 
 intends to use premises for purposes of 
 gaming. 19 L.R.A. (N.S.) 662. 
 
 Liability on liquor dealer's bond for gaming 
 on premises. L.R.A.1916E, 274. 
 
 Pool selling as a nuisance. 44 L.R.A. (N.S.) 
 161. 
 
 Estoppel to set up defense that commercial 
 paper was given in gambling transac- 
 tion by representations to prospective 
 purchaser. 50 L.R.A. (N.S.) 1032. 
 
 Forbearance to sue or disclose defendant's 
 default as new consideration for gam- 
 bling debt. 6 B. R. C. 995. 
 
 Property kept for gambling purposes as 
 subject of larceny. L.R.A.1918D, 691. 
 
 II. Criminal liability. 
 
 2. Generally. 
 
 Who is accomplice in gambling within rule 
 
 requiring corroboration of testimony. 
 
 43 L.R.A. (N.S.) 546. 
 Necessity and sufficiency of description of 
 
 offense in bail bond or recognizance. 38 
 
 L.R.A. (N.S.) 317, 321. 
 Several offenses growing out of the same 
 
 facts. 31 L.R.A.(N.S.) 706. 
 As violation of Sunday laws. 30 L.R.A. 
 
 (N.S.) 469. 
 
 3. Regulation or prohibition of. 
 
 Municipal regulation of, as a nuisance. 39 
 L.R.A. 523. 
 
 Power of state to prohibit or regulate horse 
 racing. 25- L.R.A. (N.S.) 905. 
 
 Offense of keeping a gaming house as af- 
 fected by restrictions on admission. 33 
 L.R.A. (N.S.) 549. 
 
 Effect of understanding that the lose^r is 
 to pay for game to bring it within stat- 
 utes against gambling. 19 L.R.A. (N.S.) 
 913. 
 
 GAMING, II. cont'd 
 
 4. games and devices prohibited. 
 
 Oral betting as a violation of statute 
 against bookmaking. 25 L.R.A. (X.S.) 
 479. 
 
 Horse racing as a game within gambling 
 statutes. 7 L.R.A. (N.S.) 899; 33 
 L.R.A. (N.S.) 828. 
 
 Operation of slot machine as gambling. 20 
 L.R.A. (N.S.) 239; 34 L.R.A.(N.S.) 
 573; 42 L.R.A. (N.S.) 720. 
 
 Bucket shop as "place for gaming." 20 
 L.R.A. (N.S.) 347. 
 
 Applicability to bucket shops of penal stat- 
 utes in relation to "games of hazard," 
 "gambling devices," etc. 25 L.R.A. 
 (N.S.) 158. 
 
 Shaking dice or playing game, for drinks, 
 cigars, or other trivial stakes, as gam- 
 bling or gaming. L.R.A'.1918A, 1068. 
 
 5. Persons liable. 
 
 Criminal liability of children for. 36 
 L.R.A. 207. 
 
 Liability of one party to an arrangement to 
 share profits from gambling for money 
 lost by a third person to the other 
 party. 23 L.R.A. (N.S.) 522. 
 
 Criminal liability for act of servant, agent, 
 or partner. 41 L.R.A. 659. 
 
 Criminal responsibility of lessor of gam- 
 bling house. 44 L.R.A. (N.S.) 863. 
 
 6. Gambling devices or apparatus. 
 
 Devices prohibited, see supra, 4. 
 
 Right to compensation for destruction of 
 gaming apparatus. . 19 L.R.A. 197. 
 
 Gambling device as property within consti- 
 tutional protection. 12 L.R.A. (N.S.) 
 394. 
 
 Card-game paraphernalia as a gambling de- 
 vice, within a statute against gaming. 
 17 L.R.A.(N.S.) 1210. 
 
 Damage to, or conversion of, gambling de- 
 vice as ground of action. 45 L.R.A. 
 (N.S.) 334. 
 
 Forfeiture of rights or interests of innocent 
 persons in. L.R.A.1916E, 354. 
 
 Power to seize gambling devices in absence 
 of charge of violation of laws against 
 gambling. L.R.A.1915A, 232. 
 
 7. Evidence. 
 
 Power of legislature to enact prima facie 
 rule of evidence. L.R.A.1915C, 727. 
 
 Evidence of other crimes in prosecution for. 
 62 L.R.A. 328. 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence from possession of 
 stolen property. 69 L.R.A. 198. 
 
 8. Punishment. 
 
 Cruel and unusual punishment of. 35 L.R.A. 
 
 572; L.R.A.1915C, 570. 
 Power of municipality as well as state to 
 
 punish for. 17 L.R.A.(N.S.) 52. 
 
 Begin with this booJc on every laiv question. 
 
 GAME WARDEN. 
 
 Liability of game warden. L.R.A. 191 8A, 
 839.
 
 INDEX TO L.R.A. NOTES. 
 GANGRENE. GARNISHMENT cont'd 
 
 601 
 
 Liability of physician called to reduce frac- 
 ture for causing. 12 L.R.A.(N.S.) 752, 
 
 GARAGE. 
 
 iSee AUTOMOBILES, 9. 
 
 GARB. 
 
 Validity of rule forbidding religious garb 
 in school. 7 L.R.A.(N.S.) 402. 
 
 GARBAGE. 
 
 Municipal liability as to, see MUNICIPAL 
 CORPORATIONS, 78. 
 
 Throwing garbage on surface as nuisance. 
 43 L.R.A.(N.S.) 1037; L.R.A.1915C, 
 747. 
 
 Municipal power over nuisance of, in street. 
 39 L.R.A. 653. 
 
 Injunction by municipality against nui- 
 sance of. 41 L.R.A. 324. 
 
 Monopoly in contract for removal of. 27 
 L.R.A. 540. 
 
 Power of municipal corporation to grant ex- 
 clusive right or create monopoly for re- 
 moval of. 21 L.R.A. (N.S.) 830; L.R.A. 
 1915D, 209. 
 
 Validity of contract with unlicensed scaven- 
 ger. 12 L.R.A.(N.S.) 617. 
 
 Scavengers as independent contractors. 65 
 L.R.A. 469, 488. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in scavenging work. 
 65 L.R.A. 653. 
 
 GARDENS. 
 
 Effect of constitutional or statutory exemp- 
 tion of, from condemnation proceed- 
 ings. L.R.A. 1916A, 1103. 
 
 GARNISHMENT. 
 
 I. In general, 1, 2. 
 II. When lies, 3-12. 
 
 a. In general, 3. 
 
 l>. Against ir/iom, 4-9. 
 
 c. What claims or property 
 
 subject to, lO-lla. 
 
 d. Where deft garni 'shable, 
 
 12. 
 
 III. Effect; rights and duties of gar- 
 
 nishec; priorities, 13-18. 
 
 IV. Procedure; judgment; abatement; 
 
 injunction against, 19-21. 
 Consult also L.R.A. Digests of Cases. 
 
 I. In general. 
 
 1. Generally. 
 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 40, 41. 
 As condition precedent to equitable remedy 
 
 of creditors, see CREDITORS' BILL, 2. 
 Injunction against, see INJUNCTION, 44a, 
 
 60. 
 
 Against state officer, as suit against the 
 state. 44 L.R.A. (N.S.) 218. 
 
 Release of indorser of note by failure to 
 take out garnishment against maker. 
 18 L.R.A. (N.S.) 550. 
 
 Right of one who has recovered judgment in 
 garnishment proceedings against cor- 
 poration to recover dividends paid to 
 stockholders out of capital. L.R.A. 
 1917C, 406. 
 
 2. Availability of defense of. 
 
 Availability of defense of, to maker against 
 transferee after maturity. 46 L.R.A. 
 778. 
 
 May one who procures a judgment garnish- 
 ing an indebtedness from a corporation 
 to his debtor avail himself of the rights 
 of the latter as against stockholders. 
 11 L.R.A.(N.S.) 230. 
 
 II. When lies, 
 a. In general. 
 
 3. Generally. 
 
 Right of garnishment as affected by ap- 
 pointment of foreign receiver. 23 L.R.A. 
 52. 
 
 b. Against 'whom. 
 
 4. Generally. 
 
 Against foreign corporation, see CORPORA- 
 TIONS, 150. 
 
 Garnishment against receiver, see RE- 
 CEIVERS, 25. 
 
 Right of plaintiff to summon or charge 
 himself as garnishee. 55 L.R.A. 353; 
 34 L.R.A. (N.S.) 510. 
 
 Right to garnish fund in the hands of 
 officer to court after he has been or- 
 dered to pay same to party. 13 L.R.A. 
 (N.S.) 759; 30 L.R.A.(N.S.) 720. 
 
 Against state officer, as suit against the 
 state. 44 L.R.A.(N.S.) 218. 
 
 Against stakeholder or depositary of funds 
 
 to be held in connection with an ille- 
 gal transaction. L.R.A.1918F, 972. 
 
 Liability of Soldiers' Home to garnishment 
 in state courts. 46 L.R.A.(N.S.) 301. 
 
 5. Corporate officer or agent for 
 corporate debt. 
 
 Differentiation. 36 L.R.A. 561. 
 Basic principles. 36 L.R.A. 561. 
 Application to agents. 36 L.R.A. 561. 
 Application to officers. 36 L.R.A. 563. 
 
 6. Carriers. 
 
 As to debts and ordinary bailments. 
 L.R.A. 600; L.R.A.1916E, 452. 
 
 28
 
 002 
 
 INDEX TO L.R.A. NOTES. 
 
 GARNISHMENT, II. b cont'd 
 As to property held for transportation. 28 
 L.R.A. 60*1; L.R.A.1916E, 452. 
 
 7. Executors or administrators. 
 
 Application of statutes to executors and ad- 
 ministrators. 47 L.R.A. 346. 
 
 Interest and possession necessary to sus- 
 tain. 47 L.R.A. 358. 
 
 Garnishment of husband's interest in wife's 
 legacy or distributive share. 47 L.R.A. 
 360. 
 
 Rule when the representative is the debtor. 
 47 L.R.A. 360. 
 
 Effect of trust conferred upon representa- 
 tive. 47 L.R.A. 361. 
 
 Set-off. 47 L.R.A. 363. 
 
 The judgment. 47 L.R.A. 364. 
 
 Exclusiveness of the remedy. 47 L.R.A. 
 365. 
 
 Right to garnish executor or administrator 
 for sum due from the estate to himself 
 in his own right. 5 L.R.A. (N.S.) 1072. 
 
 Right to attach or garnish fund in hands of 
 personal representative, after direction 
 . to pay same to party. 13 L.R.A. (N.S.) 
 759; 30 L.R.A. (N.S.) 720. 
 
 Garnishment of distributive shares and re- 
 siduary legacies before settlement. 59 
 L.R.A.* 387. 
 
 8. Guardians. 
 
 Garnishment of guardian for debt of ward. 
 11 L.R.A. (N.S.) 706. 
 
 9. Counties. 
 
 Generally. 37 L.R.A. 207; L.R.A.1916E, 
 
 1163. 
 Cases holding the county liable. 37 L.R.A. 
 
 208. 
 
 Equitable relief. 37 L.R.A. 208. 
 Not subject if principal defendant could 
 
 not sue. 37 L.R.A. 208. 
 
 c. What claims or property subject to. 
 
 10. Generally. 
 
 Of .bank deposit, see BANKS, 14. 
 Of interest of heir, see DESCENT AND DIS- 
 TRIBUTION, 13. 
 
 Of expectancy, see EXPECTANCY, 4. 
 Of money in court, see MONEY IN COURT, 2. 
 Of legacy, see WILLS, 109. 
 As to exemptions, see EXEMPTION, 4-8. 
 
 Shares of stock in foreign corporation. 55 
 L.R.A. 797. 
 
 Stockholder's interest in corporation. 18 
 L.R.A. (N.S.) 1158. 
 
 Foreign railroad cars. 64 L.R.A. 501 ; 16 
 L.R.A.(N.S.) 1026; L.R.A.1915D, 838. 
 
 Money due from receiver. 26 L.R.A. 218. 
 
 Garnishment of debt evidenced by negotia- 
 ble paper. L.R.A.1918C. 731. 
 
 Debt after delivery of check in payment. 
 19 L.R.A. 475; L.R.A.1917F, 396. 
 
 Contents of sealed package or locked re- 
 ceptacle. 41 L.R.A. (N.S.) 764. 
 
 Claim of creditor in estate created by volun- 
 tary assignment of debtor. L.R.A. 
 1918F, 443. 
 
 Funds of bankrupt's estate after order of 
 distribution. 14 L.R.A. (N.S.) 1220. 
 
 with thin 7>oo7c on every law question. 
 
 GARNISHMENT, II. c cont'd 
 
 Liability of alimony for debts. 32 L.R.A. 
 
 (NJS.,) 270. 
 
 Injured employee's right to reach fund un- 
 der employers' liability policv. 7 L.R.A. 
 (N.S.) 958. 
 
 Liability of fund held by mutual benclit 
 association to claims of creditors. 6 
 L.R.A.(N.S.) 235. 
 
 Right of creditors to garnish insurance 
 .policy or its cash surrender value. 16 
 L.R.A. (N.S.) 318. 
 Verdict before judgment. 4 L.R.A. (N.S.) 
 
 624. 
 Proceeds of execution sale in the hands of 
 
 the sheriff. 43 L.R.A. (N.S.) 571. 
 Injured employee's right to reach fund un- 
 der employers' liability policv. 48 
 L.R.A. (N.S.) 191. 
 
 Garnishment of money due or to become 
 due on a contract the proceeds of 
 which have been assigned by the 
 debtor prior to the garnishment. 
 L.R.A.1916D, 365. 
 
 lOa. Salary or wages. 
 
 Exemption of, see EXEMPTIONS, 5. 
 Injunction against, see INJUNCTION, 44a. 
 
 Unearned salary. 20 L.R.A. (N.S.) 912. 
 
 Garnishment of wages or salary due or to 
 become due which have been assigned 
 by the debtor prior to the garnishment. 
 L.R.A.1916D, 367. 
 
 Effect of assignment of unearned salary or 
 fees of public officer to put the same 
 when earned beyond the reach of cred- 
 itors. 31 L.R.A. (N.S.) 374. 
 
 Right to garnish fees or salary of public 
 officer after expiration of term of office. 
 L.R.A.1917F, 1119. 
 
 11. Unliquidated claims. 
 
 Generally. 59 L.R.A. 353. 
 Claims in tort. 59 L.R.A. 355. 
 Claims on contract. 59 L.R.A. 359. 
 Claims on unadjusted insurance losses. 
 
 L.R.A.1918B, 972. 
 Unliquidated claims in equity. 59 L.R.A. 
 
 384. 
 Distributive shares and residuary legacies, 
 
 before settlement. 59 L.R.A. 387. 
 Set off or recoupment of unliquidated 
 
 claims. 59 L.R.A. 389. 
 
 lla. Future interests. 
 
 Garnishment of distributive shares in dece- 
 dent's estate before settlement. 59 
 L.R.A. 387. 
 
 Garnishment of husband's interest in wife's 
 legacy or distributive share in dece- 
 dent's estate. 47 L.R.A. 360. 
 
 <Z. Where debt garni shable. 
 
 12. Generally. 
 
 Domicil of debtor (garnishee). 19 L.R.A. 
 577; 67 L.R.A. 209; L.R.A.1915F, 883. 
 
 State other than his domicil where debtor 
 (garnishee) temporarily present. 67 
 L.R.A. 213; L.R.A.1915F, 884.
 
 INDKX TO L.R.A. NOTES. 
 
 603 
 
 GARNISHMENT, II. d coiifd 
 
 State where foreign corporation (garnishee) 
 engaged in business. 07 L.R.A. '214; 
 L.K.A.1915F, 884. 
 
 As affected by place of payment. 3 L.R.A. 
 (X.S.) :>64; 20 L.K.A.(X.S.) 264; 
 L. U.A.I 1)1.-) F. 880. 
 
 Law governing exemptions. 19 L.R.A. 578; 
 07 L.R.A" 88.1: 1 L.R.A. (X.S.) 195; 
 L.R.A.1915F, 885. 
 
 Injunction against garnislinienut in another 
 state to evade local exemption laws. 
 15 L.R.A. (X.S.) 1008. 
 
 Debtor's right of action against his creditor 
 for garnishing debt in another jurisdic- 
 tion in evasion of exemption laws of 
 their domicil. 47 L.R.A.(N.S.) 689. 
 
 Garnishment of judgment in another court 
 of the state in which it was rendered. 
 L.R.A.1917D, 1139. 
 
 Garnishment of judgment rendered in an- 
 other state. 43 L.R.A.(N.S.) 531. 
 
 Effect of garnishment proceeding to sustain 
 plea in bar or abatement, in action to 
 recover the debt pending in other state 
 or country. L.R.A.1917F, 1016. 
 
 III. Effect; rights and duties of gar- 
 nishee; priorities, 
 
 13. Effect of garnishment. 
 
 Garnishment proceedings as a change of 
 position within law of estoppel. 52 
 L.R.A. (X.S.) 1188. 
 
 On suit in other court. 42 L.R.A. 455. 
 
 Garnishment not prosecuted to judgment as 
 a conclusive election of remedies. 34 
 L.R.A.(X.S.) 309. 
 
 Recovery of judgment for exempt claim 
 pending garnishment proceedings in an- 
 other state. 35 L.R.A. (X.S.) 1154. 
 
 14. Effect of judgment. 
 
 Effect of judgment against garnishee to 
 merge or satisfy liability of principal 
 debtor. 47 L.R.A. 131. 
 
 Discharge of principal in garnishment as re- 
 lief of surety on bond filed on dissolu- 
 tion of process. 28 L.R.A. (X.S.) 234. 
 
 Judgment in favor of garnishee, as res ju- 
 'dicata. 19 L.R.A. (N.S.) 604. 
 
 15. Effect of payment. 
 
 Payment by bank iinder garnishment of de- 
 posit, to party other than depositor, but 
 of same name. 11 L.R.A.(X.S.) 248. 
 
 16. Rights of garnishee. 
 
 Right of garnishee to question validity of 
 attachment. 35 L.R.A. 769. 
 
 Right of one garnished in respect of prop- 
 erty wrongfully taken from the debtor, 
 to set off his own claim against the 
 latter. 30 L.R.A. (X.S.) 1185. 
 
 Right of garnishee to attack judgment 
 against principal defendant for lack of 
 jurisdiction. 51 L.R.A. (X.S.) 597. 
 
 In case of garnishment of debt evidenced by 
 negotiable paper. L.R.A. 191 8C, 757. 
 
 Consult also L.R.A. Digests of Cases. 
 
 GARNISHMENT, III. cont'd 
 17. Duty of garnishee. 
 
 In case of garnishment of debt evidenced by 
 negotiable paper. L.R.A. 19 18C, 758. 
 
 Appearance of claimant in garnishment pro- 
 ceedings as relieving garnishee of duty 
 to protect his rights. L.R.A. 1918B, 
 1068. 
 
 Possibility of appeal from dismissal of 
 garnishment or attachment as affecting 
 right to withhold property from debtoV. 
 L.R.A.1917B, 591. 
 
 18. Priorities. 
 
 Priority in relation to foreign assignment 
 by' insolvent. 23 L.R.A. 35; 65 L.R.A. 
 353. 
 
 Priority of garnishment over prior assign- 
 ment as affected by notice or lack 
 of notice. L.JELA.1916E, 81. 
 
 Right of bank as against garnishing creditor 
 to set off miniatured claim against de- 
 posit of debtor. 27 L.R.A. (X.S.) 811; 
 46 L.R.A. (X.S.) 1059. 
 
 Effect of assignment of surplus of garn- 
 ished fund, to defeat a subsequent 
 garnishment. 5 B. R. C. 450. 
 
 Priority between one garnishing money 
 due or to become due under a con- 
 tract and an assignee of the proceeds 
 of the contract assigned prior to the 
 garnishment. L.R.A.1916D, 365. 
 
 IV. Procedure; judgment; abatement; 
 injunction against. 
 
 19. Generally. 
 
 Injunction against judgment, see INJUNC- 
 TION, 60. 
 
 Legal presumptions in garnishment of debt 
 evidenced by negotiable paper. L.R.A. 
 1918C, 764. 
 
 Service on foreign corporation in garnish- 
 ment cases. 23 L.R.A. 500. 
 
 Filing bond to secure release of property as 
 an appearance. L.R.A.1916F, 587. 
 
 Jurisdiction of actions, aided by garnish- 
 ment, against a resident of the state. 
 49 L.R.A.(X.S.) 548. 
 
 20. Judgment. 
 
 Effect of, see supra, 14. 
 
 Injunction against judgments in. 30 L.R.A. 
 360. 
 
 Right of garnishee to have judgment, not 
 against him, set aside. 54 L.R.A. 763. 
 
 Right of garnishee to attack judgment 
 against principal defendant for lack of 
 jurisdiction. 51 L.R.A. (X.R.) 597. 
 
 Possibility of appeal from dismissal of gar- 
 nishment as affecting right to withhold 
 property from debtor. L.R.A.1917B, 
 591. 
 
 21. Abatement of proceedings. 
 
 By dissolution or expiration of charter of 
 corporation. 32 L.R.A. (X.S.) 449. 
 
 By action to recover the debt pending in 
 other state or country. L.B.A.1917F, 
 1016.
 
 604 
 
 INDEX TO L.R.A. NOTES. 
 
 GAS. 
 
 7. In general, 1-4. 
 II. Compulsory service; shutting off 
 supply, 5, 6. 
 
 III. Rates; payment of rentals; meters, 
 
 7-10. 
 
 IV. Liability for negligence in escape 
 
 and explosion of gas, 11-14. 
 
 I. In general. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, 100. 
 
 Gas pipes in street, see HIGHWAYS, 22. 
 
 Death of insured from inhaling, see INSUR- 
 ANCE, 161 a. 
 
 Natural gas, see MINES, 33-38. 
 
 Power of municipality as to, see MUNICIPAL 
 CORPORATIONS, 32. 
 
 As dangerous agency, see NEGLIGENCE, 14. 
 
 Valuation of property of gas company, see 
 PUBLIC SERVICE CORPORATIONS, 5. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 Gas as subject of larceny. L.R.A.1918C, 
 580. 
 
 Storage of, as nuisance. 52 L.R.A.(N.S.) 
 930. 
 
 Corporation supplying, as a manufacturing 
 company. 64 L.R.A. 59. 
 
 Liability for damage to service mains by 
 excavating in street. L.R.A.1917E, 
 1094. 
 
 Duty and right of municipality to reim- 
 burse gas company for expenses en- 
 tailed in connection with laying or 
 repairing of gas pipes. 6 L.R.A. (N.S.) 
 1027. 
 
 Regulating keeping or storing of. 41 L.R.A. 
 (N.S.) 461. 
 
 Right of municipality to make profit from 
 its lighting plant. 24 L.R.A.(N.S.) 
 290. 
 
 2. Municipal contract with respect 
 to. 
 
 Period covered by contract to supply mu- 
 nicipality with. 16 L.R.A. 258. 
 
 Delegation of municipal power as to con- 
 tracting for gas. 20 L.R.A. 726. 
 
 3. Nuisance by. 
 
 Gas plant as a nuisance. 20 L.R.A. (N.S.) 
 
 466. 
 Injunction by municipality against gas 
 
 company for maintaining nuisance. 42 
 
 L.R.A. 821. 
 
 4. Taxation of property. 
 
 Property of gas company as real estate for 
 
 purposes of taxation. 15 L.R.A. 299. 
 Location of franchise of gas company for 
 
 purposes of taxation. 5 L.R.A. (N.S.) 
 
 174. 
 Exemption ' of municipal light plant from 
 
 taxation. 36 L.R.A. (N.S.) 867. 
 
 I GAS cont'd 
 i 
 
 //. Compulsory service; shutting off 
 supply. 
 
 5. Compulsory service. 
 
 Compulsorv service by gas company. 15 
 
 L.R.A." 322. 
 Right of lighting company furnishing two 
 
 kinds of service to refuse to furnish 
 
 one kind of light without the other. 
 
 33 L.R.A. (N.S.) 1078. 
 
 6. Shutting off supply. 
 
 Right to stop supply of gas for default in 
 payment. 14 L.R.A. 669. 
 
 Liability for damages caused by shutting 
 off water or gas from premises. 21 
 L.R.A.(N.S.) 468. 
 
 Loss of profits as element of damages for 
 cutting off supply of gas from prem- 
 ises. 22 L.R.A. (N.S.) 588. 
 
 Begin with this ftoofe on every law question. 
 
 III. Rates; payment of rentals; meters. 
 
 7. Rates. 
 
 Right of gas company whose rates are fixed 
 by public authorities to establish a 
 minimum charge. 26 L.R.A. (N.S.) 
 1109. 
 
 Right to exact charge in addition to maxi- 
 mum rental for delay in payment. 31 
 L.R.A. (N.S.) 329; 43 L.R.A'. (N.S.) 63. 
 
 Right to discriminate between consumers as 
 to rates. 27 L.R.A. (N.S.) 674; L.R.A. 
 1915D, 1086. 
 
 Giving of free service or reduced rates to 
 governmental agencies, cities, schools, 
 charities, and the like as an unlawful 
 discrimination. L.R.A.1918D, 904. 
 
 Incorporation of territory into municipal- 
 ity as affecting existing contract as to 
 gas rates in that territory. 'L.R.A. 
 1916A, 1071. 
 
 Consumer's right to compel gas company to- 
 respect rates stipulated in contract 
 with municipality. L.R.A.1915D, 918, 
 
 8. regulating and fixing rates. 
 
 Valuation of property of, for purpose of 
 fixing rates, see PUBLIC SERVICE CORPO- 
 RATIONS, 5. 
 
 Legislative regulation of rates charged for. 
 33 L.R.A. 181; 6 L.R.A. (N.S.) 835. 
 
 Allowance for depreciation in plant in fix- 
 ing rates. 38 L.R.A.(N.S.) 1209. 
 
 Power of municipality to fix gas rates as 
 an incident of its power to authorize 
 the laying of gas mains. 18 L.R.A. 
 (N.S.) 1197. 
 
 Power of municipality apart from contract 
 to regulate rates to be charged by <jas 
 company. 33 L.R.A. (N.S.) 759; ^43 
 L.R.A(N.S.) 759; 43 L.R.A. (N.S.) 994. 
 
 Right to question reasonableness of statu- 
 tory rate for gas. 15 L.R.A. (N.S.) 
 763*. 
 
 Right to reduce rates fixed by franchise or 
 charter. L.R.A.1915C, 261. 
 
 Effect of contract with' patron to preclude 
 regulation of rates. L.R.A. 1915C, 282.
 
 INDEX TO L.R.A. NOTES. 
 
 605 
 
 GAS, III. cont'd 
 
 9. Payment of rentals. 
 
 Discrimination by gas company by requir- 
 ing payment of rental in advance. 31 
 L.R.A.'(N.S.) 315. 
 
 Right of gas company to exact security of 
 consumer or require payment rentals 
 in advance. 19 L.R.A. (N.S.) 693; 31 
 L.R.A.(N.S.) 319. 
 
 Recovery back of excessive payments made 
 to company. 18 L.R.A.(N.S.) 126. 
 
 Validity of statute or ordinance making 
 property or property owner liable for 
 light furnished tenant. L.R.A.1918D, 
 364. 
 
 10. Meters. 
 
 Rules of gas company respecting meters. 
 30 L.R.A.(N.S.) 492. 
 
 IV- Liability for negligence in escape 
 and explosion of gas. 
 
 % 11. Generally. 
 
 Measure of damages for destruction of 
 standing timber by. 18 L.R.A.(N.S.) 
 246; 52 L.R.A. (N.S.) 92. 
 
 12. Liability of gas company. 
 
 Liability of gas company for negligence in 
 escape or explosion of gas. 29 L.R.A. 
 337; 32 L.R.A.(N.S.) 809; L.R.A. 
 1915E, 1022. 
 
 Liability for turning, into sewer. 15 L.R.A. 
 (N.S.) 957. 
 
 Liability for injury caused by escape of 
 gas stored on one's premises. 15 L.R.A. 
 (N.S.) 537. 
 
 Liability for injury to trees by gas es- 
 caping from pipes or mains. 10 L.R.A. 
 (X.S.) b90. 
 
 13. Liability of employer. 
 
 Liability of master for injury to servant 
 from gas arising from substances 
 handled by him. 35 L.R.A. (N.S.) 679. 
 
 Employer's liability for explosion from gas 
 escaping through independent contract- 
 or's negligence. 65 L.R.A. 852. 
 
 14. Liability of insurer. 
 
 Liability of insurer for loss caused by. 19 
 L.R.A. 594; 38 L.R.A. (N.S.) 474. 
 
 Effect of escape and explosion of gas on 
 insurer's liability. 29 L.R.A. 359. 
 
 GASOLENE. 
 
 Gasolene stations. L.R.A.1917F, 1005. 
 
 Restrictions as to transportation of gaso- 
 lene carried by automobiles. 1 L.R.A. 
 (N.S.) 223. 
 
 Storage of, as nuisance. 52 L.R.A. (N.S.) 
 930. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 Consult alf.o L.K.A. Digests of Cases. 
 
 GAS STOVES. 
 
 As fixtures. 17 L.R.A. (N.S.) 699. 
 
 GAS TANK. 
 
 Power to make use of property for pur- 
 pose of, conditional upon consent of 
 neighbors. 8 L.R.A. (N.S.) 978. 
 
 GASTRITIS. 
 
 As element of damages for negligent injury. 
 48 L.R.A. (N.S.) 100. 
 
 <* 
 
 GATEMEN. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1104. 
 
 GATES. 
 
 1. Generally. 
 
 Injunction as to, see INJUNCTION, 76, 77. 
 In railroad fence, see RAILROADS, 41. 
 Safety gate at railroad crossing, see RAIL- 
 ROADS, 33, 70. 
 
 Injunction to compel or prevent the erec- 
 tion, maintenance, or removal of. 7 
 L.R.A.(N.S.) 49. 
 
 Violation of police ordinance as to, as 
 ground for private action. 5 L.R.A. 
 (N.S.) 246. 
 
 Duty to keep gates in railroad fence closed. 
 49 L.R.A. 625. 
 
 Enjoining interference with fences or gates 
 as waste. 7 L.R.A. (N.S.) 86. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 162. 
 
 2. On cars. 
 
 Duty to, and negligence of, passenger at- 
 tempting to board car when gate is 
 closed. 7 L.R.A.(N.S.) 603. 
 
 Duty to provide gates on street cars or 
 interurban cars and keep them closed. 
 32 L.R.A.(N.S.) 346. 
 
 3. Effect of, on easement. 
 
 Right to maintain, across easement of way. 
 
 48 L.R.A. (N.S.) 87. 
 Leaving bars or gates for convenience of 
 
 neighbor as affecting acquisition of 
 
 easement of way by prescription. 35 
 
 L.R.A.(N.S.) 941. 
 Abandonment or loss of private way by 
 
 obstruction thereof by gates. 22 L.R.A. 
 
 (N.S.) 886, 888, 891. 
 
 GENERAL AGENT. 
 
 Authority of general agent to receive pay- 
 ment where security is not in his pos- 
 session. 23 L.R.A.'(N.S.) 415; L.R.A. 
 1 P 916B, 861.
 
 606 
 
 INDEX TO L.R.A. NOTES. 
 
 GENERAL, AVERAGE. 
 
 Admiralty jurisdiction of. (56 L.R.A. 234. 
 
 GENERAL CREDITORS. 
 
 See also DEBTOB AND CREDITOR; FRAUDU- 
 LENT CONVEYANCES. 
 
 Right to question validity of attachment. 
 35 L.R.A. 7G9. 
 
 GENERAL DAMAGES. 
 
 Set-off of, against damages in eminent do- 
 main proceedings, see DAMAGES, 93. 
 
 GENERAL DENIAL. 
 
 See PLEADING, 38. 
 
 GENERAL ISSUE. 
 
 See PLEADING, 38. 
 
 GENERAL LEGACIES. 
 
 See WILLS, 123, 127, 128. 
 
 GENERAL LEGISLATION. 
 
 See STATUTES, 15-18. 
 
 GENERAL MANAGER. 
 
 As vice principal. 51 L.R.A. 550. 555. 
 Authority of, to contract for services of 
 
 other persons. L.R.A.1918F, 39-57. 
 Time for which contract of employment 
 
 may be made for corporation bv. 49 
 
 L.R.A. 473. 
 
 GENEVA AWARD. 
 
 GENERAL AVELFARE. 
 
 Power of municipality to punish iinder gen- 
 eral welfare clause what is also an 
 offense under state law. 17 L.R \ 
 (X.S.) 63. 
 
 GENERIC NAME. 
 
 Right to use generic name substantially 
 similar to that used by another as a 
 trademark or tradename as affected by 
 difference in appearance in other re- 
 spects. 12 L.R. A. (X.S.) 734. 
 
 See ALABAMA CLAIMS. 
 
 GENUINENESS; 
 
 Of handwriting or typewriting, evidence as 
 
 to, see EVIDENCE, VIII. h. 
 Guaranty by surety of genuineness of other 
 
 signatures, see PRINCIPAL AND SURETY, 
 
 Implied warranty of, by one transferring 
 without indorsement check or note of 
 third person. 10 L.R.A. (X.S.) 542. 
 
 Necessity of proof of genuineness of reply 
 letter. 17 L.R.A. (X.S.) 229. 
 
 . -#+. 
 
 GEOGRAPHICAL FACTS. 
 
 Judicial notice of, see EVIDENCE, 10. 
 
 -- 
 
 GEOGRAPHICAL NAME. 
 
 Right to protection in use of, as tradename, 
 etc. 26 L.R.A. (X.S.) 73. 
 
 Unfair competition in use of combination 
 of geographical name with numeral. 
 34 L.R.A.IX.8.) 1040. 
 
 Right to use geographical name as a trade- 
 mark or tradename when already used 
 by another as affected by difference in 
 appearance in other respects. 12 
 L.R.A. (X.S.) 733. 
 
 GERMAN LANGUAGE. 
 
 Publication in. 14 L.R.A. 64. 
 
 GERMINATING POWER. 
 
 Warranty of germinating power on sale of 
 
 seeds. 37 L.R.A. (X.S.) 81; L.R.A. 
 
 1916C, 1012. 
 Measure of damages where seed sold does 
 
 not contain germinating power. 37 
 
 L.R. A. (X.S.) 87. 
 
 GERRYMANDER. 
 
 Validitv of apportionment of representa- 
 tives. 15 L.R.A. 561. 
 
 Berlin icitJi this boolc on erei-tf 1a>r question. 
 
 GESTATION. 
 
 Necessity that increase of animals be in 
 gestation at time of execution of chat- 
 tel mortgage in order to be covered 
 thereby. ' 17 L.R.A. (X.S.) 203.
 
 INDEX TO L.R.A. NOTES.- 
 
 607 
 
 GESTURES. 
 
 As provocation for homicide. 4 L.R.A. 
 (N.S.) 154. 
 
 GHOSTS. 
 
 Effect of belief in. on capacity to make will 
 or deed. 1C L.R.A. (57 S. 
 
 GIFT. 
 
 I. In general, 1-9. 
 II. Causa mortis, 1O. 
 
 III. Validity generally; incomplete 
 
 gift; delivery; effect, 11-15. 
 
 IV. Recocability and forfeiture of, 
 
 16. 
 
 I. In general. 
 
 1. Generally. 
 
 Adverse possession between donor and donee, 
 see ADVERSE POSSESSION, 5. 
 
 Of bank deposit, see BANKS, 12, 12a. 
 
 Between husband and wife, see HUSBAND 
 AND WIFE, 49-51. 
 
 Improvements under oral contract of, see 
 IMPROVEMENTS, 13. 
 
 Of public money, see PUBLIC MONEY. 
 
 Succession tax on, see TAXES, VI. 
 
 By will, see WILLS, V. 
 
 Liability of alleged pauper or his estate to 
 
 pay for gifts obtained on ground of 
 
 poverty. 55 L.R.A. 570. 
 Articles intended for gifts as baggage for 
 
 which carrier is responsible. 21 L.R.A. 
 
 (X,S.) 850. 
 Diversion of property donated for public 
 
 library to other uses. 45 L.R.A. (X.S.) 
 
 368. 
 
 2. Of corporate stock. 
 
 Sec ( OKI'OKATIONS, 84. 
 
 3. By promissory note. 
 
 Note as subject of gift by maker. 27 
 L.R.A.(N.S.) 308; L.R.A. 1918C, 
 340. 
 
 By parent to child. 7 L.R.A. (N.S.) 
 156. 
 
 Gift inter rzYos. 26 L.R.A. 305. 
 
 Gift causa mortis. 26 L.R.A. 305. 
 
 Cases recognizing the validity of the gift. 
 26 L.R.A. 305. 
 
 Consideration. 26 L.R.A. 306. 
 
 Subscriptions. 26 L.R.A. 307. 
 
 In other jurisdictions. 26 L.R.A. 308. 
 
 Scaled note. 26 L.R.A. 308. 
 
 Right of one who makes a gift of commer- 
 cial paper and is compelled to pay 'the 
 same to a hona fide indorser. to re- 
 cover from donee. 37 L.R.A. (N.S.) 286. 
 
 S 4. Of check. 
 Check as subject of 
 
 L.R.A. 855; 27 
 
 L.R.A.1918C, 340. 
 Consult also L.R.A. Digests of Cases. 
 
 ift by maker. 18 
 L.R.A.(N.S.) 308; 
 
 GIFT, T. cont'd 
 
 Check or draft on person other than bank 
 
 or. IS L.R.A. 856. 
 
 Gift of third person's check. 18 L.R.A. 856. 
 Gifts inter vivos. 18 L.R.A. 856. 
 
 5. Of real property. 
 
 As basis of adverse possession. 35 L.R.A. 
 
 835. 
 
 Parol gift as conveyance. 67 L.R.A. 461. 
 Degree of proof necessary to establish parol 
 
 gift of real estate. 9 L.R.A. (N.S.) 
 
 508. 
 
 6. Between persons in confidential 
 relations. 
 
 Between husband and wife, see HUSBAND 
 AND WIFE, 49-51. 
 
 Independent advice as a condition of a 
 valid gift inter vivos between parties 
 occupying confidential relations. 16 
 L.R.A.(N.S.) 1087. 
 
 May a promissory note executed by a par- 
 ent to a child be the subject of a valid 
 gift bv the former to the latter. 7 
 L.R.A."(N.S.) 156. 
 
 Presumption and burden of proof as to un- 
 due influence respecting gifts inter 
 rivos from parent to child. 35 L.R.A. 
 (N.S.) 944. 
 
 1. By or in fraud of married woman. 
 
 Between husband and wife, see HUSBAND 
 AND WIFE, 49-51. 
 
 Right of married woman to make gift of 
 personal property without consent of 
 husband. 3 L.R.A.(N.S.) 769. 
 
 Of husband's personal propertv in fraud of 
 wife. 3 L.R.A. (N.S.) 774; 21 L.R.A. 
 (N.S.) 533. 
 
 8. To mistress. 
 
 Character of presumption as to undue in- 
 fluence in gift or bequest to. 11 L.R.A. 
 (N.S.) 554; 17 L.R.A. (N.S.) 477. 
 
 9. Who takes under. 
 
 Who takes under gift to "husband," "wife," 
 or "widow." 33 L.R.A. (N.S.) 816. 
 
 //. Causa mortis. 
 
 10. Generally. 
 
 Gift of promissory note causa mortis. 26 
 
 L.R.A. 305. 
 Sufficiency of constructive delivery to sus- 
 
 tain.' 18 L.R.A. 170. 
 Effect of depositing funds belonging to the 
 
 depositor in a bank account in the name 
 
 of himself and another. L.R.A.1917C, 
 
 553. 
 
 ///. Validity generally ; incomplete gift; 
 delivery; effect. 
 
 11. Validity generally. 
 
 Delivery as essential to gift, see infra, ,? 
 
 13,' 14. 
 Gift enterprise, see GIFT ENTERPRISE.
 
 COS 
 
 INDEX TO L.R.A. NOTES. 
 
 GIFT, III cont'd 
 
 Effect of invalidity of gift because of vio- 
 lation of rule against perpetuities, see 
 
 PEBI'KTl ITIKS. 3. 
 
 Validity of gift to unincorporated charity. 
 32 L.R.A. 625. 
 
 Gift as a fraud on contract to will prop- 
 erty. 20 L.R.A. (N.S.) 3154. 
 
 Validity of provision that money shall be 
 payable only to obligee and not to his 
 estate. 17 L.R.A. (N.S.) 1239. 
 
 Bribery by gift to public. 14 L.R.A. 62. 
 
 12. Incomplete gift. 
 
 Delivery as essential to gift, see infra, 
 *13, 14. 
 
 Subsequent lunacy of donor as affecting in- 
 complete gift. 34 L.R.A. 297. 
 
 13. Delivery. 
 
 In case of gift of bank deposit, see BANKS, 
 12a. 
 
 In case of gift of corporate stock, see CORPO- 
 RATIONS, 84. 
 
 May proof of delivery essential to gift rest 
 upon subsequent declarations of donor 
 alone. L.R.A.1916E, 288. 
 
 Necessity of actual delivery of certificate 
 to complete gift of shares of stock. 
 29 L.R.A.(N.S.) 166. 
 
 Sufficiency of constructive delivery to sus- 
 tain gift causa mortis. 18 L.R.A. 170. 
 
 Transfer of key to receptacle as delivery 
 of possession sustaining gift of con- 
 tents. 40 L.R.A.(N.S.) 901. 
 
 Retention or resumption of possession by 
 donor as affecting gift. 32 L.R.A. 
 (N.S.) 219. 
 
 14. Undelivered written transfer or 
 assignment as. 
 
 Unsealed instruments. 21 L.R.A. 693. 
 Sealed instruments. 21 L.R.A. 694. 
 Delivery sufficient. 21 L.R.A. 695. 
 Delivery insufficient. 21 L.R.A. 695. 
 Effect of recording. 21 L.R.A. 696. 
 English decisions. 21 L.R.A. 696. 
 
 15. Effect. 
 
 Effect of receipt of gratuity to mitigate 
 damages for personal injury. 67 L.R.A. 
 90. 
 
 Gift by testator as ademption of general 
 legacy to donee. 38 L.R.A.(N.S.) 588; 
 L.R.A.1916C, 618. 
 
 As ground for attachment. 30 L.R.A. 476. 
 
 Docs donor's expectation that donee will 
 allow him to share in the benefit of 
 the property raise an implied trust to 
 that effect. 24 L.R.A.(N.S.) 1043. 
 
 Right of donor or his heirs to enforce prop- 
 er administration of charitable trust. 
 3 L.R.A.(N.S.) 227. 
 
 IV. Revocability and forfeiture of. 
 
 16. Generally. 
 
 Revocability of. 11 L.R.A. 687;* 2 L.R.A. 
 Retention or resumption of possession by 
 
 donor as affecting gift. 32 L.R.A. 
 
 (N.S.) 219. 
 
 GIFT ENTERPRISE. 
 
 Guessing contest as lottery. 11 L.R.A. 
 (N.S.) 609. 
 
 GIN. 
 
 Cotton gin, see COTTON GINNING. 
 
 As intoxicating liquor. 20 L.R.A. 649. 
 Judicial notice of intoxicating character of. 
 48 L.R.A. (N.S.) 305. 
 
 GOING CONCERN. 
 
 Treatment of going concern value in public 
 service property valuations. 48 L.R.A. 
 (N.S.) 1092. 
 
 Amortization of going value in estimating 
 return of a public service corporation 
 for rate-making purposes. rct T " * 
 (N.S.) 50. 
 
 52 L.R.A. 
 
 GOLD. 
 
 Validity of contract to pay in, see CON- 
 TRACTS, 89. 
 
 Entry of judgment for. 29 L.R.A. 593. 
 
 Production of, as a public purpose for 
 which the right of eminent domain 
 may be exercised. 15 L.R.A. (N.S.) 
 616. 
 
 GOLF. 
 
 As proper subject for exerise of police pow- 
 er. L.R.A.1917E, 318. 
 
 GONG. 
 
 Frightening of horse by street car gong. 
 
 21 L.R.A. 286; 34 L.R.A. 485; 48 L.R.A. 
 
 (N.S.) 823. 
 Violation of police ordinances requiring 
 
 sounding of gongs on street cars as 
 
 ground for private action. 5 L.R.A. 
 
 (N.S.) 252. 
 
 GOOD BEHAVIOR. 
 
 See also GOOD CONDUCT. 
 Reduction of punishment for, see CRIMINAL 
 LAW, 81. 
 
 What is "good behavior" within condition 
 of suspended sentence. L.R.A. 1918D, 
 697. 
 
 GOOD CHARACTER. 
 
 See CHARACTER. 
 
 Begin with this booTc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 60<J 
 
 GOOD CONDUCT. 
 
 See also GOOD BEHAVIOR. 
 
 Right of court to control discretion vestec 
 by will in one person to determin 
 whether or when another is fit to re 
 ceive legacy or devise. 25 L.R.A 
 (N.S.) 421. 
 
 Will court determine whether condition in 
 devise or bequest as to conduct of bene 
 liciary has been satisfied where thai 
 duty has been imposed on no one 
 else. 25 L.R.A. (N.S.) 424. 
 
 GOOD FAITH. 
 
 1. Generally. 
 
 Of transferee of negotiable paper, see BILLS 
 
 AND NOTES, 38-42. 
 As defense to criminal prosecution, see 
 
 CRIMINAL LAW, 12. 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 47, 51. 
 
 Lack of jurisdiction or of legal grounds ol 
 criminal prosecution as affecting lia- 
 bility for false imprisonment of a com- 
 plainant who acts in good faith. 18 
 L.R.A. 356. 
 
 Of creditor with respect to management and 
 collection of collateral. 37 L.R.A. 
 (N.S.) 716. 
 
 As essential element of adverse possession 
 of land. 15 L.R.A. (N.S.) 1248. 
 
 2. In contractual matters. 
 
 In corporate matters, see infra, 5. 
 Of transferee of note, see BILLS AND NOTES, 
 IV. b. 
 
 Effect of good faith of attorney on right of 
 client to maintain summary proceed- 
 ing against his attorney to compel sur- 
 render of money or property. L.R.A. 
 1918D, 835. 
 
 Necessity of good faith on part of broker 
 to entitle him to commissions where 
 purchaser procured by him is financial- 
 ly unable to perform. 20 L.R.A. (N.S.) 
 1174. 
 
 Effect of evidence of, on mortgage of mer- 
 chandise giving mortgagor possession 
 with power of sale. 18 L.R.A. 609. 
 
 Right to maintain action to recover prop- 
 erty in specie against one who has 
 parted witli it in good faith. 18 L.R.A. 
 (N.S.) 1268, 1272. 
 
 Validity of agreement to marry between 
 parties, one of whom is already mar- 
 ried, where other party acts in good 
 faith. 1 B: R. C. 917. 
 
 Right to compensation for improvement on 
 land made in good faith under oral 
 contract or gift. 53 L.R.A. 337. 
 
 Good faith as affecting liability for inter- 
 ference with contract relations. 16 
 L.R.A.(N.S.) 749; 1 B. R. C. 18. 
 
 Of contractor in attempting to comply with 
 requirements of building contract. 24 
 L.R.A. (N.S.) 337. 
 
 Consult also L.R.A. Digests of Cases. 39 
 
 GOOD FAITH cont'd 
 
 Of parties to arbitration agreement. 47 
 L.R.A.(N.S.) 421. 
 
 Of mortgagee in possession in making re- 
 pairs or improvements on property. 
 49 L.R.A.(N.S.) 126. 
 
 Good faith of discharge under contract of 
 employment which requires work to be 
 satisfactory. L.R.A.191CF, 892. 
 
 Admissibility of declarations of insured 
 tending to show good faith regarding 
 statements in his application. L.R.A 
 1918F, 271. 
 
 3. in respect to compromise. 
 
 Compromise of controversy submitted in 
 
 good faith. 15 L.R.A. 439. 
 Effect of, on validity of compromise of void, 
 
 invalid, or unfounded claim. 25 L.R.A. 
 
 (N.S.) 280. 
 
 4. of vendor. 
 
 Effect of vendor's good faith on right to 
 rescind contract for sale of land for 
 misrepresentations as to its location. 
 38 L.R.A. (N.S.) 305. 
 
 Exercising of, on resale of goods to fix dam- 
 ages for purchaser's refusal to accept. 
 42 L.R.A.(N.S.) 682. 
 
 Measure of damages for breach of contract 
 to convey real estate as affected by 
 good faith of vendor. 16 L.R.A.(N.S.) 
 771. 
 
 5. In corporate matters. 
 
 Of foreign corporation. 24 L.R.A. 291. 
 
 Necessity for, between members of syndi- 
 cate. 40 L.R.A. 218. 
 
 In transfer of stock to relieve from liabil- 
 ity for unpaid subscriptions. 47 L.R.A. 
 262. 
 
 Liability as between corporation and one 
 acting in good faith to whom it issues 
 new certificate of stock on forged au- 
 thority. 2 B. R. C. 528. 
 
 GOOD HEALTH. 
 
 Condition for delivery of insurance policy 
 during, see INSUBANCE, 91. 
 
 GOOD ORDER. 
 
 Vlunicipal control over nuisance affecting, 
 see MUNICIPAL CORPORATIONS, 40. 
 
 njunction against nuisances affecting. 41 
 L.R.A. 321. 
 
 GOODS. 
 
 See PERSONAL PROPERTY.
 
 U10 
 
 INDEX TO L.R.A. NOTES. 
 
 GOOD WILL. 
 
 1. Generally. 
 
 As to express contracts, ancillary to sale of 
 business, restricting right to engage in 
 similar business, see CONTBACTS, 
 107-109, 117, 118. 
 
 Loss of profits of sale or purchase of, as 
 
 damages. 52 L.R.A. 238. 
 Taxation of, as part of capital stock. 58 
 
 L.R.A. 566. 
 As element of compensation to be paid 
 
 public utility company upon taking its 
 
 plant. 47 L.R.A. (N.S.) 781. 
 Treatment of, in public service property 
 
 valuations. 48 L.R.A. (N.S.) 1146. 
 
 2. Transfer of, and its effect. 
 
 Specific performance of contract as to. 
 
 L.R.A.1918E, 619. 
 
 Right of one selling good will of professional 
 practice to solicit patronage of former 
 clients. 10 L.R.A. (N.S.) 1200. 
 Sale of business and good will as a limita- 
 tion upon vendor's right to engage 
 in competing business. 19 L.R.A. 
 (N.S.) 762; L.R.A.1918F, 1179. 
 Effect on right of individual partners of 
 sale by firm of good will of business 
 with or without an agreement not to 
 engage in the same business. 19 L.R.A. 
 (N.S.) 769. 
 
 3. Effect of transfer of business. 
 
 What articles will pass as appurtenances on 
 sale of business plant. 8 L.R.A. (N.S.) 
 795. 
 
 Does good will pass with transfer of busi- 
 ness without specific mention. 5 L.R.A. 
 (N.S.) 1077. 
 
 Devise or bequest of property as passing 
 good will with business conducted in 
 connection therewith. 16 L.R.A. (N.S.) 
 240. 
 
 4. Dissolution of firm. 
 
 Powers of partners as to, after dissolution, 
 see PARTNERSHIP, 33. 
 
 5. Name of business establishment 
 as part of. 
 
 In general. 15 L.R.A. 462. 
 On dissolution of partnership. 15 L.R.A. 
 463. 
 
 GOOD WORDS. 
 
 Aa an intangible value to be considered in 
 public service property valuations. 48 
 L.R.A. (N.S.) 3084. 
 
 GOVERNMENT. 
 
 Bonds of, see BONDS, III. 
 
 Governmental control over carriers, see 
 CARRIERS, V. 
 
 Governmental control and regulation of 
 corporations generally, see CORPORA- 
 TIONS, 12. 
 
 Begin witJi this ftoofc on every law question. 
 
 GOVERNMENT cont'd 
 
 Governmental control over right of fishery, 
 see FISHERIES, 4. 
 
 Republican form of government, see CON- 
 STITUTIONAL LAW, 21. 
 
 Commission form of, see MUNICIPAL, CORPO- 
 RATIONS, 8. 
 
 Priority of claims by or against, see 
 PRIORITY, 3. 
 
 Diversion of water by, see WATERS, 52. 
 
 Political bodies and divisions, see COUN- 
 TIES; MUNICIPAL CORPORATIONS; 
 STATE; TO.WNS; UNITED STATES.- 
 
 Interference by, as excuse for nonperform- 
 ance of contract. 14 L.R.A. 215. 
 
 Situs of claims against, for purposes of ad- 
 ministration. 24 L.R.A. 687. 
 
 Implication from use of patented article, 
 of promise to pay royalty. 44 L.R.A. 
 (N.S.) 334. 
 
 Applicability of presumption of payment 
 from lapse of time as against govern- 
 ment. L.R.A.1916B, 739. 
 
 Applicability to government of statutes 
 limiting liability of ship owner. L.R.A. 
 1917C, 1110. 
 
 GOVERNMENTAL AGENCIES. 
 
 Giving of free service or reduced rates to, 
 by public service corporation as an un- 
 lawful discrimination. L.R.A.1918D, 
 904. 
 
 GOVERNMENT POST. 
 
 Right of occupant of, to acquire residence 
 as voter. 26 L.R.A. 215; 40 L.R.A. 
 (N.S.) 168. 
 
 GOVERNMENT PROPERTY. 
 
 Municipal assessment of. 23 L.R.A. 810. 
 
 GOVERNOR. 
 
 1. Generally. 
 
 Mandamus to, see MANDAMUS, 5. 
 
 Suit against, as action against the state. 
 44 L.R.A. (N.S.) 193. 
 
 Power of court to inquire into the motives 
 of the governor in exercising the par- 
 doning power. 52 L.R.A. (N.S.) 113. 
 
 Power of court to review action of, in 
 removing officer. 39 L.R.A. (N.S.) 788. 
 
 Mandamus to compel restoration to office 
 of one who has been illegally removed. 
 19 L.R.A. (N.S.) 52. 
 
 Certification of copies of records by, for 
 use in other state. 5 L.R.A. ( N.S. ) 959.
 
 INDEX TO L.R.A. NOTES. 
 
 611 
 
 GOVERNOR cont'd 
 2. Powers. 
 
 In enactment of statutes, see STATUTES, 
 5, 6. 
 
 To employ counsel for the state. 55 L.R.A. 
 493. 
 
 To adjourn legislature. 22 L.R.A. 716. 
 
 To veto initiative measure. 50 L.R.A. (N.S.) 
 208; L.R.A.1917B, 24. 
 
 To proclaim and maintain martial law. 65 
 L.R.A. 195. 
 
 To disband militia. 23 L.R.A. 510. 
 
 Power of, in exercise of power to suppress 
 insurrection, to authorize arrest and 
 detention of persons without turning 
 them over to the civil authorities. 12 
 L.R.A.(N.S.) 979. 
 
 Right of governor to make an ad interim 
 appointment to an office whose fixed 
 term expires before the senate's ad- 
 journment, where the incumbent is au- 
 thorized to hold over until his succes- 
 sor is appointed. 46 L.R.A.(N.S.) 
 1202. 
 
 Pardon by lieutenant governor or governor 
 pro tern. 47 L.R.A. (N.S.) 1036. 
 
 Constitutionality of restrictions upon gov- 
 ernor's pardoning power. L.R.A.1915F, 
 519. 
 
 3. Vacancy in office of. 
 
 How far sickness constitutes a vacancy in 
 office authorizing performance of the 
 duties of the office by another. 25 
 L.R.A. 613. 
 
 4. Liability. 
 
 Personal liability of governor. L.R.A. 
 1915A, 175. 
 
 GRACE. 
 
 Days of, see DAYS OF GEACE. 
 
 GRADE. 
 
 Change of, see HIGHWAYS, 52, 53. 
 
 Mechanic's lien for grading grounds. L.R.A. 
 
 1917D, 353. 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 697. 
 
 GRADE CROSSINGS. 
 
 Abolishing of, see RAILROADS, 32. 
 
 GRADUATION. 
 
 Of license fee, see LICENSE, 49. 
 Consult also L.R.A. Digests of Cases. 
 
 GRAFT. 
 
 Charge of "graft" as libel per se. 15 
 L.R.A. (N.S.) 497. 
 
 Libel or slander by charge of, against pub- 
 lic officer or candidate. L.R.A.1918E, 
 31. 
 
 Libel in charging public official with graft 
 in public contracts. 5 L.R.A. (N.S.) 
 498. 
 
 GRAIN. 
 
 Warehousemen generally, see WAREHOUSE- 
 MEN. 
 
 Liability of grain to taxation while in ele- 
 vator in course of interstate transpor- 
 tation. 44 L.R.A. (N.S.) 586. 
 
 Liability of warehouseman for injury to, 
 by weevil. 26 L.R.A. (N.S.) 1114. 
 
 Sufficiency of selection of part out of larger 
 lot sold. 26 L.R.A. (N.S.) 33. 
 
 Express warranty as to quality as exclud- 
 ing implied warranty. 33 L.R.A. (N.S.) 
 505. 
 
 Right to grain growing in highway. 33 
 L.R.A. (N.S.) 1053. 
 
 Delegation by legislature to railroad com- 
 mission of power as to inspection of. 
 32 L.R.A.(N.S.) 652. 
 
 Effect of Illinois grain regulations on duty 
 of carrier to deliver car at consignee's 
 place of business. 41 L.R.A. (N.S.) 
 680. 
 
 GRAIN ELEVATOR. 
 
 See ELEVATORS, 1. 
 
 GRAMMATICAL DEFECT. 
 
 Effect of, in certificate of acknowledgment, 
 11 L.R.A.(N.S.) 643. 
 
 GRANDCHILDREN. 
 
 See also GRANDPARENTS. 
 
 Implied agreement to pay for services ren- 
 dered to. 11 L.R.A. (N.S.) 882. 
 
 Rights of surviving grandchildren under 
 homestead and exemption laws. 4 
 L.R.A.(N.S.) 396. 
 
 Oral promise by, to grandparents conveying 
 to them in trust as giving rise to con- 
 structive trust. 39 L.R.A. (N.S.) 926. 
 
 Statutory right of action for death of 
 grandparents. L.R.A.1916E, 130. 
 
 GRANDFATHER. 
 
 See GRANDPARENTS.
 
 612 
 
 INDEX TO L.R.A. NOTES. 
 
 GRAND JURY. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, 185. 
 
 Continuance of, see CONTINUANCE, 4. 
 
 As to indictment by, generally, see INDICT- 
 MENT, etc. 
 
 Oath to, see OATH, 2. 
 
 Oath to officers in charge of, see OATH, 2. 
 
 Witnesses before, see WITNESSES, 2. 
 
 Misconduct toward, as contempt. 46 L.R.A. 
 (N.S.) 521; L.R.A.1916D, 1193. 
 
 What is an infamous crime within consti- 
 tutional requirement as to grand jury. 
 
 17 L.R.A. 764. 
 
 Fact that trial juror was member of the 
 grand jury as ground for new trial. 
 
 18 L.R.A. 478; 50 L.R.A.(N.S.) 970. 
 Right of indicted person to inspect min- 
 utes of grand jury. 27 L.R.A. (N.S.) 
 558. 
 
 Necessity of bringing indictment into open 
 court by. 26 L.R.A.(N.S.) 684. 
 
 Admissibility in criminal case of state- 
 ments or confessions made by accused 
 before. 9 L.R.A. (N.S.) 533. 
 
 May perjury be predicated of false testi- 
 mony before grand jury on matters im- 
 material to the issue. 22 L.R.A. (N.S.) 
 1192. 
 
 Disclosure by grand juror of evidence given 
 before grand jury as a contempt. 17 
 L.R.A.(N.S.) 1049. 
 
 Absence of foreman or juryman from grand 
 jury room. 44 L.R.A.(N.S.) 1142. 
 
 Presence of unauthorized person in grand 
 jury as affecting indictment. 
 L.R.A.1916D, 1123. 
 
 2. Organization of. 
 
 Pleading and practice, generally. 27 L.R.A. 
 
 776. 
 
 Writ; summons; officer. 27 L.R.A. 778. 
 Excusing and completing panel. 27 L.R.A. 
 
 780. 
 
 Drawing. 27 L.R.A. 781. 
 Effect of selection of, by unauthorized per- 
 son. L.R.A.1917C, 220. 
 Time and term. 27 L.R.A. 785. 
 Reconvening. 27 L.R.A. 787. 
 Court. 27 L.R.A. 787. 
 Special term. 27 L.R.A. 787. 
 Special grand jury. 27 L.R.A. 787. 
 Oath. 27 L.R.A. 788. 
 
 Who may attack organization of. 34 L.R.A. 
 (N.S.) 255. 
 
 3. Qualifications of grand jurors. 
 
 Alien. 28 L.R.A. 195. 
 
 Citizen. 28 L.R.A. 196. 
 
 Residence. 28 L.R.A. 196. 
 
 Voter. 28 L.R.A. 196. 
 
 Freeholders and householders. 28 L.R.A. 197. 
 
 Taxpayers. 28 L.R.A. 198. 
 
 Locality. 28 L.R.A. 198. 
 
 Exemption. 28 L.R.A. 199. 
 
 Bias. 28 L.R.A. 200. 
 
 Prior service. 28 L.R.A. 202. 
 
 Bystanders. 28 L.R.A. 203. 
 
 Disqualification for crime. 28 L.R.A. 203 
 
 Begin with this booTc on every law question. 
 
 GRAND JURY cont'd 
 
 Negroes. 28 L.R.A. 204. 
 
 Women. 28 L.R.A. 204. 
 
 Pleading and practice generally. 28 L.R.A. 
 
 204. 
 
 Ignorance. 28 L.R.A. 205. 
 Loyalty. 28 L.R.A. 205. 
 Right of women to serve on. 38 L.R.A. 214. 
 
 4. Number necessary to form. 
 
 Generally. 27 L.R.A. 783, 846. 
 Power of legislature to change number of 
 grand jurors required at common law. 
 
 27 L.R.A. 846. 
 
 Rule in various states. 27 L.R.A. 847. 
 English cases. 27 L.R.A. 852. 
 
 5. Number necessary to concur in 
 finding indictment. 
 
 Effect of indorsement "true bill." 28 
 
 L.R.A. 33. 
 
 Record of finding. 28 L.R.A. 34. 
 Concurrence by twelve grand jurors. 28 
 
 L.R.A. 34. 
 Impeaching indictment by showing that 
 
 twelve did not concur. 28 L.R.A. 35. 
 Concurrence by proper number of grand 
 
 jurors, as to the parties, crimes, 
 
 counts, and degree of crime charged. 
 
 28 L.R.A. 37. 
 
 Concurrence by majority when grand jury 
 
 exceeds twenty-three. 28 L.R.A. 37. 
 Provisions for concurrence by less than 
 
 twelve. 28 L.R.A. 37. 
 Statutes and Constitutions.- 28 L.R.A. 38. 
 
 6. Appearance before. 
 
 Appearance of special attorney or private 
 counsel before grand jury. 33 
 L.R.A.(N.S.) 568. 
 
 7. Competency of evidence before. 
 
 Competency of witnesses, see WITNESSES, 
 2. 
 
 Confessions, admissions, and refusal to testi- 
 fy. 28 L.R.A. 318. 
 
 Evidence of criminals. 28 L.R.A. 319. 
 Depositions and affidavits. 28 L.R.A. 319. 
 Documents. 28 L.R.A. 320. 
 Minutes. 28 L.R.A. 320. 
 Swearing of witnesses. 28 L.R.A. 320. 
 Witnesses generally. 28 L.R.A. 321. 
 Prosecutor. 28 L.R.A. 322. 
 Wife as witness. 28 L.R.A. 322. 
 Hearing witnesses in open court. 28 L.R.A. 
 
 323. 
 Indictment on evidence partly incompetent. 
 
 28 L.R.A. 323. 
 Physicians. 28 L.R.A. 323. 
 Evidence, generally. 28 L.R.A. 323. 
 Rumor. 28 L.R.A. 323. 
 Time. 28 L.R.A. 323. 
 Evidence of previous consistent statements 
 
 of witness before. 41 L.R.A. (N.S.) 
 
 935. 
 
 8. Sufficiency of evidence to sustain 
 indictment. 
 
 Sufficiency of evidence to sustain convic- 
 tion, see EVIDENCE, XIII.
 
 INDEX TO L.R.A. NOTES. 
 
 613 
 
 GRAND JURY cont'd 
 
 Indictment on knowledge of grand jury. 
 
 28 L.R.A. 324. 
 
 Evidence on reindictment. 28 L.R.A. 325. 
 No evidence. 28 L.R.A. 325. 
 Prosecutor. 28 L.R.A. 326. 
 Amount of evidence necessary to sustain 
 
 an indictment in general. 28 L.R.A. 
 
 326. 
 Witnesses for defense. 28 L.R.A. 327. 
 
 9. Improper influence or interfer- 
 ence with. 
 
 By charge to grand jury. 28 L.R.A. 367. 
 By prosecuting attorneys. 28 L.R.A. 368. 
 By deputy and assistant prosecutors. 28 
 
 L.R.A. 370. 
 
 By attorneys, generally. 28 L.R.A. 370. 
 By bailiff, messenger, and officer. 28 L.R.A. 
 
 371. 
 
 By clerk. 28 L.R.A. 371. 
 By stenographer. 28 L.R.A. 371. 
 By interpreter. 28 L.R.A. 372. 
 By other persons present. 28 L.R.A. 372. 
 
 10. Privilege as to proceedings of. 
 
 Privilege as to proceedings of grand jury. 
 32 L.R.A.(N.S.) 785; L.R.A.1917F, 765. 
 
 Report by grand jurors as privileged com- 
 munication. 5 L.R.A.(N.S.) 164. 
 
 GRANDMOTHER. 
 
 See GRANDPARENTS. 
 
 GRANDPARENTS. 
 
 See also GRANDCHILDREN. 
 
 Insurable interest in life of grandfather. 
 54 L.R.A. 232. 
 
 Right of grandchildren to take homestead 
 of. 56 L.R.A. 54. 
 
 Implied agreement to pay for services ren- 
 dered to. 11 L.R.A. (N.S.) 882. 
 
 Statutory right of action for death of. 
 L.R.A.1916E, 130. 
 
 GRANDSTAND. 
 
 Liability of person maintaining, for safety 
 of patrons. 3 L.R.A. (N.S.) 1132; 
 L.R.A.3935F, 693. 
 
 Municipal liability for injury from defects 
 in. L.R.A.1917E, 695. 
 
 GRANT. 
 
 Boundary of, see BOUNDARIES, 4-9. 
 As to conveyances generally, see DEEDS. 
 Of land to railroad, see PUBLIC LANDS, 5. 
 Of tide lands, see WATERS, 15. 
 Of water rights, see WATERS, 74, 96, 98- 
 
 100. 
 
 Of land for wharf, see WHARVES, 2. 
 Consult also L.R.A. Digests of Cases. 
 
 GRANT cont'd 
 
 Grant of exclusive right to fish to individ- 
 ual. 60 L.R.A. 487. 
 
 GRANTEE. 
 
 Delivery of deed to, see DEEDS, 7. 
 
 GRASS. 
 
 33 
 
 Right to grass growing in highway. 
 
 L.RJMN.S.) 1053. 
 Right of tenant at will to. 41 L.R.A. (N.S.) 
 
 406. 
 
 GRATINGS. 
 
 Liability of landlord to third persons for 
 condition of. 26 L.R.A. 199. 
 
 GRATUITY. 
 
 Riding on free pass, see CARRIERS, 23, 
 29. 
 
 Trustee's right to retain gratuity received 
 from third person. 37 L.R.A. (N.S.) 
 923. 
 
 Effect of gratuitous services by physician 
 on liability for malpractice. 14 L.R.A. 
 429. 
 
 Right of action for negligent breach of gra- 
 tuitous undertaking. 12 L.R.A. (N.S.) 
 929, 931. 
 
 Privilege of gratuitous report on financial 
 responsibility and integrity. 42 L.R.A. 
 (N.S.) 520. 
 
 GRAVE. 
 
 Is money set aside under will or otherwise 
 for purpose of caring for grave, sub- 
 ject to inheritance tax. 23 L.R.A. 
 (N.S.) 474; L.R.A.1918A, 767. 
 
 Injunction against obliteration of. 3 L.R.A. 
 (N.S.) 485. 
 
 Prescription or adverse possession of. 40 
 L.R.A.(N.S.) 752. 
 
 GRAVE CLOTHES. 
 
 Liability of decedent's estate for. 
 665. 
 
 33 L.R.A. 
 
 GRAVEL. 
 
 Right of municipality to take, from high- 
 
 way to injury of fee. 
 1164. 
 
 12 L.R.A.(N.S.)
 
 614 INDEX TO L.R.A. NOTES. 
 
 GRAVEL PITS. GROUND RENT. 
 
 Servant's assumption of risk from changing 
 conditions of excavations in, during 
 progress of work. 19 L.R.A. (N.S.) 
 357. 
 
 GREAT LAKES. 
 
 Jurisdiction over. 46 L.R.A. 277. 
 
 Illegal intent of prosecutor as affecting 
 
 guilt of obtaining property by means of. 
 
 17 L.R.A.(N.S.) 278. 
 Public right of fishing in bays of Great 
 
 Lakes, L.R.A.1918A, 1147. 
 
 Effect of condemnation upon rights in. 
 
 21 L.R.A. 221. 
 Taxation of land under perpetual lease. 
 
 L.R.A.(N.S.) 284. 
 
 46 
 
 GREAT PONDS. 
 
 Title to islands in. 35 L.R.A.(N.S.) 230. 
 Right to free fishing in. 31 L.R.A.(N.S.) 
 434. 
 
 GRISTMILL. 
 
 Right to exercise power of eminent domain 
 for purpose of. 18 L.R.A. (N.S.) 356. 
 
 GROCERS. 
 
 Validity of restrictive agreement ancillary 
 to sale of business of. 24 L.R.A. (N.S.) 
 929; L.R.A.1916C, 630. 
 
 GROSS NEGLIGENCE. 
 
 55 
 
 Liability of corporate directors for. 
 L.R.A. 754. 
 
 Of railroad companies towards small chil- 
 dren on track. 25 L.R.A. 791. 
 
 Risks of negligence assumed by contract 
 with carrier as including gross negli- 
 gence. 1 L.R.A. (N.S.) 675. 
 
 Of railroad company operating trains longi- 
 tudinally along public street. 49 
 L.R.A.(N.S.) 688. 
 
 GROSS RECEIPTS. 
 
 Power of states, to impose tax on gross re- 
 ceipts of interstate telegraph and tele- 
 phone companies. 24 L.R.A. 162. 
 
 GROUND FOR REVERSAL. 
 
 GROUP. 
 
 Right of member of group to maintain ac- 
 tion for libel or slander based on 
 charges against the group to which he 
 belongs. 23 L.R.A. (N.S.) 726; 25 
 L.R.A. (N.S.) 382; 42 L.R.A. (N.S.) 
 870. 
 
 GROWING CROPS. 
 
 See CHOPS. 
 
 GUARANTEE AND ACCIDENT 
 LLOYDS. 
 
 See LLOYDS. 
 
 GUARANTEED STOCK. 
 
 See CORPORATIONS, 74. 
 
 GUARANTIES OF JUSTICE. 
 
 See CONSTITUTIONAL LAW, 29c. 
 
 See APPEAL AND ERROR, 35-40. 
 
 Begin tvith this boofc on every law question. 
 
 GUARANTY. 
 
 /. In general, 1. 
 
 II. Promise to answer for debt or de- 
 fault of another, 2-1O. 
 
 a. In general, 2-5. 
 
 b. Nature and extent, continu- 
 
 ing guaranty, 6. 
 
 c. Notice, 7, 8. 
 
 d. Discharge; effect of death of 
 
 party, 9, 1O. 
 
 I. In general. 
 
 1. Generally. 
 
 Guaranties of justice, see CONSTITUTIONAL 
 LAW, 29b. 
 
 Of dividends on corporate stock, see COR- 
 PORATIONS, 74. 
 
 Of signature to commercial paper, see BILLS 
 AND NOTES, 9. 
 
 Del credere agency, see DEL CREDERE 
 AGENCY. 
 
 By surety of genuineness of other sig- 
 natures, see PRINCIPAL AND SURETY, 
 7.
 
 INDEX TO L.R.A. NOTES. 
 
 615 
 
 GUARANTY, I. cont'd 
 
 Warranty of goods sold, see SALE, 26- 
 
 38, 53-59, 68. 
 Guaranty and surety companies, see SURETY 
 
 COMPANIES. 
 
 By contractor for repair of pavement. 44 
 L.R.A. 533. 
 
 II. Promise to ansiver for debt or de- 
 fault of another. 
 
 a. In general. 
 
 2. Generally. 
 
 By corporation, see CORPORATIONS, 29. 
 Of advances, see ADVANCES, 4. 
 Of loan by national bank, see BANKS, 37. 
 Bank guaranty law, see BANKS, 52. 
 Bond for fidelity of employees, see BONDS, 
 
 11- 
 
 Oral contract of, see CONTRACTS, 37. 
 As to del credere agency, see DEL CREDERE. 
 In nature of insurance, see INSURANCE. 
 Of loan, see LOAN, 3. 
 Liability on guaranty obligation obtained 
 
 by fraud, see PRINCIPAL AND SURETY, 
 
 "9. 
 
 Right cf guarantor to have judgment 
 against principal set aside. 54 L.R.A. 
 765. 
 
 Liability on guaranty obtained by fraud. 
 21 L.R.A. 409. 
 
 Liability of corporate officers who fail to 
 file report required by statute, to guar- 
 antor of corporate paper. 35 L.R.A. 
 (N.S.) 855. 
 
 Validity of guaranty partially made on 
 Sunday and perfected on secular day. 
 4 L.R.A.(N.S.) 1151. 
 
 Right of accommodation guarantor who has 
 been obliged to pay bill or note to re- 
 cover from accommodated party. 37 
 L.R.A.(N.S.) 786. 
 
 Constitutionality of bank guaranty law. 
 32 L.R.A. (N.S.) 1065. 
 
 Of loan, by national bank. 32 L.R.A. (N.S.) 
 544. 
 
 Demand as a condition precedent to an ac- 
 tion on a promise to pay on demand 
 the debt of another. 34 L.R.A. (N.S.) 
 154. 
 
 Note of third party for goods sold as pay- 
 ment where purchaser guarantees pay- 
 ment. 35 L.R.A. (N.S.) 46. 
 
 Effect upon guarantor of judgment against 
 principal. 40 L.R.A. (N.S.) 734; L.R.A. 
 1918E, 814. 
 
 Presumption as to time of alteration in. 
 39 L.R.A. (N.S.) 106, 107, 114. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 663. 
 
 Necessity of new consideration to bind third 
 person who signs as guarantor after 
 execution and delivery of original con- 
 tract by principal. 44 L.R.A. (N.S.) 
 481; L.R.A.1918E, 579. 
 
 Rights as against principal debtor of one 
 who becomes guarantor without his 
 knowledge or consent. L.R.A.1918F, 
 709. 
 
 Consult also L.R.A. Digests of Cases. 
 
 GUARANTY, II. a cont'd 
 
 Is conveyance by guarantor within statute 
 as to fraudulent conveyances. 47 
 L.R.A.(N.S.) 321. 
 
 3. What constitutes. 
 
 Indorser of note as guarantor. 18 L.R.A. 
 (N.S.) 565. 
 
 Letter in reply to inquiry as to third par- 
 ty's financial condition. 1 L.R.A. 
 (N.S.) 305. 
 
 Request to make advances to another as 
 implied guaranty of payment. 15 
 L.R.A.(N.S.) 1115; 46 L.R.A. (N.S.) 
 484. 
 
 4. Transfer of title by. 
 
 Transfer of title to note by indorsement in 
 form of guaranty. 36 L.R.A. 232; 41 
 L.R.A. (N.S.) 1009; L.R.A.1915C, 661. 
 
 5. Power to enter* into contract of. 
 
 Right of railroad company to guarantee 
 the securities of another railroad com- 
 pany. L.R.A.1918D, 175. 
 
 Implied power of railroad company to guar- 
 antee enterprise other than transporta- 
 tion of goods or passengers. 2 L.R.A. 
 (N.S.) 887; 38 L.R.A. (N.S.) 830. 
 
 Power of corporation organized for the 
 manufacture and sale of liquor to en- 
 ter into contracts of guaranty or sure- 
 tyship on behalf of its customers or 
 prospective customers. 27 L.R.A. 
 (N.S.) 186; L.R.A.1918C, 1008. 
 
 ft. Nature and extent; continuing 
 guaranty. 
 
 6. Generally. 
 
 Responsibility of publisher to patrons on 
 guaranty of advertisements. L.R.A. 
 1918C, 820. 
 
 Guarantor of note as surety for surety 
 maker. 21 L.R.A. 250. 
 
 Liability of guaranty members of mutual 
 fire insurance company. 32 L.R.A. 
 496. 
 
 Character of, and rules governing, contracts 
 by corporations engaged for profit in 
 business of guarantying the fidelity or 
 contracts of other persons. 33 L.R.A. 
 (N.S.) 513. 
 
 When is a guaranty a continuing one. 39 
 L.R.A.(N.S.) 724. 
 
 When does contract of guaranty of com- 
 mercial paper cover renewals. 16 
 L.R.A.(N.S.) 775. 
 
 Does guaranty of credit extended for price 
 of goods sold cover sales to ^successor. 
 19 L.R.A.(N.S.) 901. 
 
 Does liability of guarantor of payment of 
 interest cease at maturity of the obli- 
 gation. 21 L.R.A. (N.S.) 154. 
 
 Liability, under continuing guaranty run- 
 ning to partnership or corporation, for 
 goods sold or credits extended after a 
 change in the firm or corporation. 14 
 L.R.A.(N.S.) 1231. 
 
 c. Notice. 
 
 7. Necessity of notice of acceptance 
 to bind guarantor. 
 
 In general. ] 6 L.R.A. (N.S.) 353; 33 L.R.A. 
 (N.S.) 960; 48 L.R.A.(N.S.) 198.
 
 616 
 
 GUARANTY, II. c cont'd 
 
 Absolute guaranty. 16 L.R.A.(N.S.) 354; 
 
 48 L.R.A.(N.S.) 198. 
 Conditional guaranty. 16 L.R.A.(N.S.) 
 
 367; 48 L.R.A.(N.S.) 199. 
 Express or formal notice. 16 L.R.A. (N.S.) 
 
 377. 
 Waiver. 16 L.R.A. (N.S.) 379. 
 
 8. Necessity of notice of default to 
 bind guarantor. 
 
 Generally. 20 L.R.A. 257. 
 Guaranty of agents. 20 L.R.A. 258. 
 Guaranty of bond. 20 L.R.A. 258. 
 Guaranty of judgment. 20 L.R.A. 259. 
 Guaranty of lessee's contract. 20 L.R.A. 
 
 259. 
 
 Guaranty of purchases. 20 L.R.A. 259. 
 On guaranty of note. 20 L.R.A. 261. 
 Injury or prejudice resulting from failure 
 
 to give notice. 20 L.R.A. 263. 
 Time for notice. 20 L.R.A. 264. 
 Insolvency as an excuse for failure to give 
 
 notice. 20 L.R.A. 264. 
 Waiver of notice. 20 L.R.A. 264. 
 
 d. Discharge; effect of death of party. 
 
 9. Discharge generally. 
 
 Release of principal after maturity of obli- 
 gation as affecting guarantor. 38 
 L.R.A.(N.S.) 875. 
 
 Payment voidable under bankruptcy act as 
 discharge of guarantor. 9 L.R.A. (N.S.) 
 581. 
 
 Estoppel to enforce contract of suretyship 
 or guaranty released through mistake. 
 13 L.R.A. (N.S.) 576. 
 
 Does statute of limitations commence to 
 run at the time of breach of contract 
 of, or at the time actual damages are 
 sustained in consequence thereof. 15 
 L.R.A.(N.S.) 159. 
 
 Effect of purchase at tax sale, by or in the 
 interest of guarantor, of mortgage in- 
 debtedness. 16 L.R.A. (N.S.) 121; 52 
 L.R.A.(N.S.) 877. 
 
 Effect on guarantor's liability of obligee's 
 insistence upon part payment before 
 expiration of the term of credit. 22 
 L.R.A.(N.S.) 713. 
 
 Effect of voluntary discharge of one of two 
 or more guarantors on liability of co- 
 guarantors. L.R.A.1918E, 95. 
 
 10. Effect of death of party on. 
 
 Effect of leath of party on. 23 L.R.A. 709 ; 
 45 L.R.A. (N.S.) 350. 
 
 Is liability of guarantor or surety deter- 
 mined by his death. 2 B. R. C. 937. 
 
 INDEX TO L.R.A. NOTES. 
 
 GUARDIAN AD LITEM. 
 
 For infant, see INFANTS, 32. 
 
 GUARANTY COMPANIES. 
 
 See SURETY COMPANIES. 
 
 GUARANTY INSURANCE. 
 
 In action by incompetent person. 2 L.R.A. 
 (N.S.) 961. 
 
 See INSURANCE, X. 
 
 Begin with this booU on every law question 
 
 GUARDIAN AND WARD. 
 
 7. In general, 1. 
 II. Appointment, 2-4. 
 
 III. Powers, rights, and liabilities of 
 
 guardian, 5lOa. 
 
 IV. Bonds and liability thereon, 
 
 11-13. 
 V. Sale or lease by guardian of ward's 
 
 land, 14. 
 
 VI, Action by ward against guardian, 
 15. 
 
 I. In general. 
 
 1. Generally. 
 
 Guardian of incompetent person, see IN- 
 COMPETENT PERSONS, 21-24. 
 Guardian ad litem, see INFANTS, 32. 
 
 Payment of money deposited to credit of 
 minor to person other than guardian. 
 29 L.R.A. (N.S.) 67. 
 
 What constitutes residence of child living 
 with guardian entitling him to privilege 
 of public schools. 36 L.R.A. (N.S.) 343. 
 
 Independent advice as condition of valid 
 gift inter vivos between. 16 L.R.A. 
 (N.S.) 1087. 
 
 Liability of ward's estate for debts con- 
 tracted and expenses incurred by guard- 
 ian in carrying on business. 40 L.R.A. 
 (N.S.) 224. 
 
 Allowance as costs of administration of ex- 
 penses of business carried on by 
 guardian. 40 L.R.A. (N.S.) 231. 
 
 Right of guardian of infant to appointment 
 as administrator or executor. L.R.A. 
 1915C, 581. 
 
 Guardian's consent as affecting infant's con- 
 tract. L.R.A.1915C, 362. 
 
 77. Appointment. 
 
 2. Generally. 
 
 Of guardian for incompetent person, see 
 INCOMPETENT PERSONS, 22, 23. 
 
 Right of parent to appoint guardian for 
 minor child by will. 2 L.R.A.(N.S.) 
 203. 
 
 Effect of invalid attempt to appoint testa- 
 mentary guardian. 45 L.R.A. 
 (N.S.) 446. 
 
 3. Effect of father's attempt to ap- 
 point guardian as against mother. 
 
 The common-law rule. 13 L.R.A. (N.S.) 
 
 288. 
 The statute 12 Chas. II. chap. 24, 8. 13 
 
 L.R.A. (N.S.) 288. 
 Putative father. 13 L.R.A. (N.S.) 294.
 
 INDEX TO L.R.A. NOTES. 
 
 617 
 
 GUARDIAN AND WARD, II. cont'd 
 4. Parent's right to appointment. 
 
 General rights of father. 33 L.R.A. (N.S.) 
 869. 
 
 General rights of mother. 33 L.R.A. (N.S.) 
 870. 
 
 Rights as between parents. 33 L.R.A. ( N.S. ) 
 871. 
 
 Welfare of child as affecting parents' rights. 
 33 L.R.A. (N.S.) 871. 
 
 Suitableness of parents. 33 L.R.A. (N.S.) 
 872. 
 
 Right of mother or reputed father to guard- 
 ianship of illegitimate child. 65 L.R.A. 
 695. 
 
 III. Powers, rights, and liabilities of 
 guardian. 
 
 5. Powers and rights. 
 
 Of incompetent person, see INCOMPETENT 
 
 PERSONS, 24. 
 Of guardian ad litem, see INFANTS, 32. 
 
 To adeem legacy. 28 L.R.A. (N.S.) 401. 
 
 Right to remove infant from the state. 58 
 L.R.A. 931. 
 
 Power of guardian to carry on business on 
 behalf of estate. 40 L.R.A. (N.S.) 204. 
 
 Right to mechanics' lien for improvements 
 made on infant's land by authority of 
 guardian. 15 L.R.A. (N.S.) 1159. 
 
 Right of mother or reputed father to cus- 
 tody or control of illegitimate child as 
 against its guardian. 65 L.R.A. 689. 
 
 Unauthorized transfer of stock on books of 
 corporation at request of guardian. 45 
 L.R.A. (N.S.) 1080. 
 
 Change of infant's domicil by guardian. 49 
 L.R.A.(N.S.) 869. 
 
 Consent of guardian to a license for the 
 sale of intoxicating liquors. L.R.A. 
 1916D, 819. 
 
 Funds on which guardian is entitled to com- 
 missions. L.R.A.1917C, 193. 
 
 6. as to commercial paper. 
 
 Circumstances sufficient to put one taking 
 paner from guardian on inquiry. 29 
 L.R.A.(N.S.) 365; 44 L.R.A. (N.S.) 
 403; L.R.A.1918F, 1153. 
 
 Guardian's commercial paper as payment 
 of debt. 35 L.R.A. (N.S.) 63. 
 
 7. to dispose of ward's property. 
 
 Constitutionality of private statute author- 
 izing guardian to dispose of infant's 
 property. 16 L.R.A. 254. 
 
 Power to lease infant's lands beyond his 
 minority or the guardianship. L.R.A. 
 1916F, 499. 
 
 8. in insurance matters. 
 
 Insurable interest of husband as guardian 
 of wife's property. 66 L.R.A. 659. 
 
 Right of guardian to surrender insurance 
 policy in favor of ward. 35 L.R.A. 
 (N.S.) 1123. 
 
 9. over actions. 
 
 To enter appearance of ward. 32 L.R.A. 
 
 684. 
 Consult also L.R.A. Digests of Cases. 
 
 GUARDIAN AND WARD, III. cont'd 
 Power of general guardian to submit cause 
 
 of action for arbitration. 70 L.R.A. 
 
 175. 
 Guardian's right to maintain statutory 
 
 action for death of ward. L.R.A. 191 6E, 
 
 166. .../ 
 
 To compromise infant's cause of action for 
 
 personal injuries. 21 L.R.A. (N.S.) 
 
 338; L.R.A.1918C, 58. 
 To maintain ejectment. 18 L.R.A. 789. 
 Admissions and waivers by, in actions. 32 
 
 L.R.A. 671. 
 Guardian's right to have judgment set aside. 
 
 54 L.R.A. 761. 
 
 10. Liabilities. 
 
 Liability on bond, see infra, 13. 
 Liability to garnishment, see GARNISH- 
 MENT, 8. 
 
 For misappropriation of ward's funds by 
 attorney. 5 L.R.A. (N.S.) 575. 
 
 For loss of ward's money deposited in bank. 
 21 L.R.A. (N.S.) 399. 
 
 Personal liability for losses from invest- 
 ments. 44 L.R.A. (N.S.) 873. 
 
 For suit money and alimony in divorce 
 proceedings instituted by or against the 
 ward. 15 L.R.A. (N.S.) 1034. 
 
 Right of court to surcharge account ot 
 guardian in absence of objection to 
 account, or upon an objection by amicus 
 curice. 18 L.R.A. (N.S.) 284. 
 
 Necessity of presenting ward's claim against 
 estate of deceased guardian. 58 L.R.A. 
 86. 
 
 Liability of guardian who signs contract 
 adding words indicating representative 
 capacity to his signature. 42 L.R.A. 
 (N.S.) 60. 
 
 Liability for carrying on business for ward's 
 benefit. 40 L.R.A. (N.S.) 223. 
 
 lOa. Accounting; settlement. 
 
 Limitation of actions or suits to compel 
 guardian to account. 47 L.R.A. (N.S. ) 
 451. 
 
 Settlement between guardian and ward out 
 of court. L.R.A.1916E, 863. 
 
 IV. Bonds and liability thereon. 
 
 11. Generally. 
 
 Power of surety company to act as- guardian 
 
 without bond. 48 L.R.A. 589. 
 Execution of guardian's bond on condition 
 
 that others shall sign. 45 L.R.A. 339. 
 Presumption as to time of alteration in 
 
 guardian's bond. 39 L.R.A. (N.S.) 115. 
 Liability of judicial officer for failure to 
 
 take proper guardian's bond. 44 L.R.A. 
 
 (N.S.) 176. 
 
 12. Necessity of bond to make guard- 
 ian's acts valid. 
 
 Natural guardians. 33 L.R.A. 759. 
 Testamentary guardians. 33 L.R.A. 760. 
 Guardians appointed by the court. 33 
 L.R.A. 760.
 
 618 
 
 INDEX TO L.R.A. NOTES. 
 
 GUARDIAN AND WARD, IV. cont'd 
 13. Liability on bond. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond. L.R.A.1917B, 990. 
 Penalty as limit of liability on bond. 55 
 
 L.R.A. 392. 
 
 Effect on surety of judgment against prin- 
 cipal. 52 E.R.A. 187; 40 L.R.A.(N.S.) 
 417; L.R.A.1918E, 818. 
 Contingency of claim against sureties on 
 
 guardian's bond. 58 L.R.A. 86. 
 Decree directing transfer of fund of guard- 
 ian to himself in another fiduciary ca- 
 pacity as affecting liability of his 
 sureties. 40 L.R.A. (N.S.) 1136. 
 Liability of sureties on guardian's bond for 
 defalcation prior to the execution there- 
 of. 39 L.R.A.(N.S.) 961. 
 Liability of sureties on general bond of 
 guardian, executor, or adminis- 
 trator, as affected by a special 
 bond. 43 L.R.A. (N.S.) 308. 
 Limitation of actions against sureties to 
 recover on guardian's bond. 47 
 L.R.A.(N.S.) 460. 
 
 F. Sale or lease by guardian of ward's 
 land. 
 
 14. Generally. 
 
 Power of guardian to dispose of ward's 
 property, see supra, 7. 
 
 Sale of infant's property generally, see IN- 
 FANTS, 27-29. 
 
 Necessity of bond on sale of infant's land. 
 33 L.R.A. 761. 
 
 Notice of application by guardian for leave 
 to sell infant's real estate as juris- 
 dictional. 8 L.R.A. (N.S.) 1215. 
 
 Reimbursement or subrogation of purchaser 
 on annulling sale by guardian. 69 
 L.R.A. 45. 
 
 Power of court to authorize lease of infant's 
 lands beyond his minority or the guar- 
 dianship. L.R.A.1916F, 500. 
 
 Estoppel of guardian to deny that he re- 
 ceived the amount stated in his report 
 of a sale. L.R.A.1916A, 639. 
 
 Applicability of rule caveat emptor to sales 
 by guardian of minors as regards 
 ward's title. L.R.A.1915E, 834. 
 
 VI. Action "by ward against guardian. 
 
 15. Generally. 
 
 Right of ward to maintain action at law 
 against guardian for guardianship 
 funds, after termination of guard- 
 ianship, but before settlement of 
 account. 26 L.R.A. (N.S.) 789. 
 
 Limitation of actions or suits to compel 
 guardian to account, or to recover 
 on his bond. 47 L.R.A. (N.S.) 451. 
 
 GUARDS. 
 
 GUARDS cont'd 
 
 At dangerous place in street, see HIGHWAYS, 
 
 73. 
 Master's duty to guard machinery, see MAS- 
 
 TEB AND SERVANT, 90. 
 
 Liability for failure to guard wires from 
 falling electric wires of other owners. 
 31 L.R.A. 582. 
 
 GUARD WIRES. 
 
 1. For electric wires. 
 
 Police regulation as to. 31 L.R.A. 802. 
 Duty toward traveler in highway to erect 
 guard wires. 22 L.R.A. (N.S.) 1171. 
 
 GUESSING CONTEST. 
 
 As lottery. 11 L.R.A. (N.S.) 609. 
 
 GUESTS. 
 
 Liability for injury to guest in automobile, 
 
 see AUTOMOBILES, 8. 
 At inn or hotel, see INNKEEPERS. 
 Liability of landlord for injury to guests 
 
 of tenant, see LANDLORD AND TENANT, 
 
 72. 
 
 Liability of keeper of bath house for loss 
 
 of guest's valuables. 6 L.R.A. (N.S.) 
 
 828. 
 Liability at common law of saloon keeper 
 
 for personal injury to. 4 L.R.A. (N.S.) 
 
 649. 
 Imputing negligence of driver to. 8 L.R.A. 
 
 (N.S.) 648; L.R.A.1915A, 763. 
 Responsibility of guest for injury to third 
 
 person through negligence of person 
 
 driving automobile. L.R.A.19J5E, 439. 
 
 GUILT. 
 
 3J> 
 
 Flight as creating presumption of. 
 
 L.R.A. (N.S.) 58. 
 Conclusiveness in civil action of judgment 
 
 in criminal action to establish guilt. 
 
 11 L.R.A. (N.S.) 657. 
 
 GUILTY. 
 
 Plea of, see CRIMINAL LAW, 56. 
 
 Masters duty as to guarding machinery, Right of court in criminal case to direct 
 
 see MASTER AND SERVANT, 90. verdict of. 22 L.R.A. (N.S.) 304. 
 
 Begin with this booTc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 619 
 
 GUNPOWDER. 
 
 See also EXPLOSIONS AND EXPLOSIVES. 
 
 Negligence in the manufacture and storage 
 
 of. 29 L.R.A. 718. 
 Keeping of, on insured premises. L.R.A. 
 
 1917C, 278. 
 
 GUNS. 
 
 See FIREARMS. 
 
 GUTTERS. 
 
 Municipal liability for injury by. 20 
 L.R.A.(N.S.) 627. 
 
 Open gutter as defect rendering public lia- 
 ble for injurv to traveler. L.R.A.1916F, 
 
 708. 
 
 GUY ROPE. 
 
 Contributory negligence of one struck by 
 guy rope stretched across street. L.R.A. 
 1918A, 205. 
 
 H 
 
 HABEAS CORPUS. 
 
 1. Generally. 
 
 Termination of criminal prosecution by dis- 
 charge on, so as to support suit for 
 malicious prosecution. 2 L.R.A. (N.S.) 
 935. 
 
 Presumption of innocence in habeas corpus 
 proceedings. 22 L.R.A. 678. 
 
 Absence from jurisdiction of person to 
 whom writ of habeas corpus is direct- 
 ed as affecting court's authority to is- 
 sue writ. 4 B. R. C. 810. 
 
 2. Jurisdiction of Federal courts. 
 
 Jurisdiction of United States courts. 4 
 L.R.A. 236;* 10 L.R.A. 616.* 
 
 3. Who may demand. 
 
 Right of alien enemy to. 5 B. R. C. 600; 
 L.R.A.1918B, 199; L.R.A.1918E, 811. 
 
 Right of stranger to writ of habeas corpus. 
 9 L.R.A.(N.S.) 1173. 
 
 Right of person wrongfully brought into 
 jurisdiction to be released on habeas 
 corpus. 12 L.R.A. (N.S.) 225. 
 
 Right of minor unlawfully enlisted in Army 
 or Navy to discharge on habeas corpus 
 from custody of court-martial under 
 charge of desertion or fraudulent en- 
 listment. 18 L.R.A.(N.S.) 956; L.R.A. 
 1917D, 1059. 
 
 4. Scope of writ; questions consid- 
 ered. 
 
 To test indictment or information. L.R.A. 
 1918B, 1356. 
 
 To review excessive sentence. 45 L.R.A. 
 139; 51 L.R.A.(N.S.) 374. 
 
 To release prisoner on account of delay of 
 prosecution. 56 L.R.A. 539. 
 
 To release one convicted on perjured evi- 
 dence. L.R.A.1918F, 1078. 
 
 To review commitment of witness by magis- 
 trate for contempt. 1 L.R.A. (N.S.) 
 1142. 
 
 Will habeas corpus lie to release one con- 
 victed after wrongful refusal to change 
 venue. 25 L.R.A. (N.S.) 483. 
 
 Right to have claim of former jeopardy de- 
 termined in habeas corpus proceeding. 
 15 L.R.A. (N.S.) 227. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HABEAS CORPUS cont'd 
 
 Collateral attack in, upon decision as 
 
 against constitutional right. 39 L.R.A. 
 
 450. 
 
 Right to, in case of bail, parole, or volun- 
 tary surrender. 35 L.R.A. (N.S.) 
 882. 
 Right to, of one held under provision of 
 
 Selective Service Act of May 18, 1917. 
 
 L.R.A.1918E, 1019. 
 To procure release of one committed to 
 
 insane asylum upon acquittal on ground 
 
 of insanity. 36 L.R.A. (N.S.) 578. 
 
 5. to review extradition proceed- 
 ings. 
 
 Right of person wrongfully brought into 
 jurisdiction to be released on habeas 
 corpus. 12 L.R.A. (N.S.) 225. 
 
 To review extradition proceedings; right 
 to be heard on merits of the charge 
 against accused. 21 L.R.A. (N.S.) 939. 
 
 Right to review of order in habeas corpus 
 discharging or remanding party held 
 for extradition. 34 L.R.A. (N.S.*) 755. 
 
 6. Grounds for discharge on. 
 
 To secure release of one convicted while 
 
 insane. L.R.A.1918B, 81. 
 Discharge on habeas corpus for excessive 
 
 sentence. 45 L.R.A. 144; 51 L.R.A 
 
 (N.S.) 373. 
 Designation of wrong place of imprisonment 
 
 as ground for discharge upon habeas 
 
 corpus. 13 L.R.A.(N.S.) 518. 
 Habeas corpus because of defective verdict. 
 
 L.R.A.1916F, 967. 
 Right of one restrained as insane person to 
 
 discharge upon ground of irregularity 
 
 or invalidity of commitment. 44 
 
 L.R.A.(N.S.) 389. 
 
 7. Procedure; judgment. 
 
 Conclusiveness of judgment as to custody 
 of infant, see JUDGMENT, 26. 
 
 Habeas corpus decree as to custody of in- 
 fant as res judicata. 67 L.R.A. 783. 
 
 Collateral attack on judgment in, for fraud 
 not affecting jurisdiction. 36 L.R.A. 
 (N.S.) 986. 
 
 Effect of appeal as stay of judgment in. 
 2 L.R.A. (N.S.) 244; L.R.A.1918C. 923.
 
 620 
 
 INDEX TO L.R.A. NOTES. 
 
 HABEAS CORPUS cont'd 
 8. Suspension of writ. 
 
 Extent and effect of. 45 L.R.A. 834. 
 Power to suspend; who may suspend. 45 
 
 L.R.A. 832. 
 Continuance of constitutional guaranties 
 
 during war or insurrection. 45 L.R.A. 
 
 (N.S.) 996. 
 
 HABIT-FORMING DRUGS. 
 
 Furnishing or prescribing by physician. 
 L.R.A.1918E, 669. 
 
 HABITS. 
 
 See CUSTOM AND USAGE. 
 
 HABITUAL CARELESSNESS. 
 
 Evidence of specific instances to prove 
 habitual carelessness of servant. 14 
 
 L.R.A.(N.S.) 768. 
 
 HABITUAL. CRIMINALS. 
 
 Punishment of, see CRIMINAL LAW, 83. 
 
 HABITUAL DISOBEDIENCE. 
 
 Evidence of specific instances to prove 
 habitual disobedience of servant. 14 
 L.R.A.(N.S.) 769. 
 
 HABITUAL DRUNKARD. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 106. 
 
 Drunkenness as ground for divorce, see 
 DIVORCE AND SEPARATION, 26. 
 
 As to drunkenness, generally, see DRUNK- 
 ENNESS. 
 
 Validity of contracts made with. 54 L.R.A. 
 
 449. 
 Power of court or guardian of, to consent 
 
 to conveyance by trustee under a trust 
 
 requiring consent by cestui que trust. 
 
 39 L.R.A.(N.S.) 39. 
 
 2. Sale of liquor to. 
 
 Criminal liability for sale of liquor to, by 
 partner, agent, or servant. 41 L.R.A. 
 669. 
 
 Is one who obtains liquor for, and delivers 
 it to, person of intemperate habits 
 guilty of selling same. 24 L.R.A. 
 (N.S.) 273; L.R.A.1917D, 1020. 
 
 HABITUAL INSANITY. 
 
 Presumption of continuance of. 35 L.R.A. 
 
 117. 
 
 HABITUAL PRACTICE. 
 
 Of employees as legal substitute for rule. 
 43 L.R.A. 316. 
 
 HACKS. 
 
 1. Generally. 
 
 Cartmen, see CARTMEN AND TEAMSTERS. 
 
 Cab, or other vehicle used for transporta- 
 tion of passengers for hire, as exempt 
 property. 4 B. R. C. 478. 
 
 Duty and liability of proprietor of public 
 hack or cab to passengers. 5 L.R.A. 
 (N.S.) 1069. 
 
 May one in charge of a vehicle under a con- 
 tract importing a bailment or lease be 
 regarded as a servant of the owner as 
 to a third person injured by the vehicle. 
 6 L.R.A.(N.S.) 544. 
 
 Delegation of municipal power as to license 
 of. 20 L.R.A. 724. 
 
 Right of state or municipality to forbid 
 solicitation of patronage at railway sta- 
 tion. L.R.A.1917D, 690. 
 
 2. Use of street for hack stands. 
 
 Using street for hack stand. 14 L.R.A. 557. 
 
 Power of municipal corporation to grant 
 permit for hack stand on street or 
 sidewalk. 25 L.R.A. (N.S.) 403. 
 
 Power of municipality to establish exclusive 
 hack stands. 33 L.R.A. (N.S.) 471. 
 
 Effect of discrimination by municipality in 
 designating standing places for cabs 
 and other similar vehicles. L.R.A. 
 1915F, 726. 
 
 3. Discrimination by carriers as to. 
 
 Discrimination as to hackmen at depots, 
 wharves, etc. 13 L.R.A. 848; 16 L.R.A. 
 (N.S.) 777; L.R.A.1915B, 358. 
 
 Exclusion of hackmen from railroad depot. 
 39 L.R.A.(N.S.) 126. 
 
 Remedy by injunction for unlawful dis- 
 crimination by railroad against hack 
 driver. 8 L.R.A. (N.S.) 1027. 
 
 Right of carrier to grant exclusive train 
 privilege to baggage or transfer com- 
 panies. 32 L.R.A. (N.S.) 1181; L.R.A. 
 1917F, 1085. 
 
 HAIR. 
 
 Master's duty to guard against employee's 
 hair being caught in machinerv. 27 
 L.R.A.(N.S.) 972; 48 L.R.A.fN.S.) 
 834. 
 
 HALF BLOOD. 
 
 Inheritance by heirs of the half blood, see 
 
 Begin with this boofc on every law question. 
 
 DESCENT AND DISTRIBUTION, 3.
 
 INDEX TO L.R.A. NOTES. 
 
 621 
 
 HALF-BROTHER. 
 
 Killing or assaulting of, as sufficient provo- 
 cation to reduce homicide to man- 
 slaughter. 17 L.R.A.(N.S.) 795. 
 
 HALLUCINATION. 
 
 As insane delusion. 37 L.E.A. 283. 
 
 HALLWAYS. 
 
 Responsibility of landlord for injuries from 
 defects in hallway remaining in his 
 possession. 14 L.R.A. 239; L.R.A.1916F, 
 1145, 1181. 
 
 Landlord's duty to light "common hall. 1 
 B. R. C. 107. 
 
 HAMMERS. 
 
 As deadly weapons. 21 L.R.A. (N.S.) 506. 
 Master's liability for injury by defect in. 
 
 13 L.R.A. (N.S.) 671; 51 L.R.A.(N.S.) 
 
 337; L.R.A.1918D, 1141. 
 
 HAND BAGGAGE. 
 
 Liability of carrier for injury to passenger 
 from baggage or parcel in aisle of car. 
 13 L.R.A.(N.S.) 481; 43 L.R.A.(N.S.) 
 1050. 
 
 Right of passenger to carry baggage or 
 packages in street car. 30 L.R.A. 
 (N.S.) 889. 
 
 Limitation of carrier's liability for pas- 
 senger's hand baggage. 19 L.R.A. 
 (N.S.) 1011. 
 
 Application to hand baggage of limitation 
 of liability for loss of baggage. 5 
 L.R.A.(N.S.) 650. 
 
 HAND CARS. 
 
 Master's liability for injury to servant by 
 defects in. 54 L.R.A. 172; L.R.A.1918D, 
 1141. 
 
 Master's liability for vice principal's neg- 
 ligence in operating. 54 L.R.A. 128. 
 
 Section foreman as a fellow servant of 
 members of crew with respect to opera- 
 tion of hand car. 20 L.R.A. (N.S.) 
 434. 
 
 As railroad hazard within statute changing 
 fellow servant rule. 18 L.R.A. (N.S.) 
 481; 47 L.R.A.(N.S.) 116. 
 
 Contributory negligence of employee by 
 venturing with hand car on track over 
 which other train has right of way. 
 1 L.R.A. (N.S.) 1014. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HAND CARS cont'd 
 
 Liability of railroad company for injury 
 to person wrongfully riding on hand 
 car by collusion with train employee. 
 37 L.R.A.(N.S.) 427. 
 
 Liability of railroad company for frighten- 
 ing horse on highway by hand car on 
 or near crossing. 42 L.R.A. (N.S.) 571. 
 
 Evidence as to speed of. 34 L.R.A. (N.S.) 
 790. 
 
 Hand car as a car within statute or ordi- 
 nance. L.R.A.1915A, 817. 
 
 Liability of master where servant invites or 
 permits children to ride on. L.R.A. 
 1915E, 893. 
 
 Contributory negligence of child injured by. 
 L.R.A.1917F, 162. 
 
 HANDCUFFS. 
 
 Right of prisoner to appear without at trial. 
 39 L.R.A. 821. 
 
 HANDWRITING. 
 
 Evidence as to, see EVIDENCE, 198-205. 
 
 Identification of, see IDENTITY AND IDENTI- 
 FICATION, 12. 
 
 Cross-examination of witness as to, see 
 WITNESSES, 35. 
 
 Proof of, where attesting witnesses are dead 
 or cannot remember transaction. 44 
 L.R.A. 142. 
 
 In family Bible, necessity for proof of. 41 
 L.R.A. 455. 
 
 HARBOR. 
 
 As to harbor commissioners, see HARBOR 
 
 COMMISSIONERS. 
 As to wharves, see WHARVES. 
 
 Liability of owner for cost of removing 
 vessel sunk in. 3 L.R.A.(N.S.) 1120. 
 
 Right of municipality to contract with 
 reference to. 31 L.R.A.(N.S.) 121. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in work in. 65 
 L.R.A. 653. 
 
 Establishment of dock lines. 14 L.R.A. 
 498. 
 
 Right to establish harbor lines. 40 L.R.A. 
 644. 
 
 HARBOR COMMISSIONERS. 
 
 As independent contractors. 65 L.R.A. 474.
 
 622 INDEX TO L.R.A. NOTES. 
 
 HARBORER. 
 
 Who is harborer of dog. 17 L.R.A. (N.S.) 
 
 431; L.R.A.1917E, 520. 
 
 HARBORING. 
 
 Civil action for harboring child who has 
 left parent. 45 L.R.A. (N.S.) 871. 
 
 Provision* of congressional "white slave 
 trafS* act" as to harboring female. 
 L.L.A.1915A, 869. 
 
 By 
 
 HARD LABOR. 
 
 convicted of crime, see CRIMINAL 
 
 77. 
 
 HARDSHIP. 
 
 of promise to remedy. 53 L.R.A. 
 
 HARDWARE DEALERS. 
 
 Yjlidity of restrictive agreement ancillary 
 to sale of business of. 24 L.R.A. (N.S.) 
 929. 
 
 HARMLESS ERROR. 
 
 See APPEAL AND ERROR, 35-40. 
 
 HARTER ACT. 
 
 See SHIPPING, 20. 
 
 HARVESTING. 
 
 As work of necessity. 5 L.R.A. (N.S.) 32], 
 Injunction to prevent interference with land 
 
 during harvesting time. L.R.A.1918B, 
 
 413. 
 
 HATCHET. 
 
 Liability of master for injury by defect in. 
 L.R.A.1918D, 1141. 
 
 HATCHWAYS. 
 
 HATCHWAYS cont'd 
 
 Violating ordinance as to, as ground for 
 
 private action. 5 L.R.A (N.S.) 260. 
 Duty of storekeeper toward customer as to 
 
 condition of. 21 L.R.A. (N.S.) 457; 
 
 L.R.A.1915F, 572. 
 Municipal liability for injury by. 19 
 
 L.R.A.(N.S.) 516; 20 L.R.A. (N.S.) 
 
 635. 
 
 HAWKERS. 
 
 See PEDDLERS. 
 
 HAY. 
 
 Right of tenant at will to. 41 L.R.A. 
 
 (N.S.) 406. . 
 Sufficiency of designation of part of larger 
 
 lot sold. 26 L.R.A.(N.S.) 31. 
 
 HAY SCALES. 
 
 Obstruction of street by. 14 L.R.A. 558. 
 
 HAZARD. 
 
 What is within statutes abolishing fellow 
 servant rule. 18 L.R.A. (N.S.) 478; 
 22 L.R.A.(N.S.) 969. 
 
 HAZARDOUS ARTICLES. 
 
 Prohibition of keeping of, on insured prem- 
 ises, see INSURANCE, 78a. 
 
 HAZARDOUS EMPLOYMENT. 
 
 What constitutes, within meaning of Work- 
 men's Compensation Act. L.R.A.1918F, 
 230. 
 
 HEADLIGHT OIL. 
 
 Keeping of, on insured premises. 
 1917C, 278. 
 
 L.R.A. 
 
 Master's liability for vice principal's negli- 
 gence in exposing servant to peril from 
 uncovered hatchways. 54 L.R.A. 133." 
 
 Begin \vith this book on every law question. 
 
 HEADLIGHTS. 
 
 Necessity of, on street cars. 26 L.R.A. 300. 
 
 Liability for injuries to one blinded by 
 headlight. 42 L.R.A.(N.S.) 876; 48 
 L.R.A.(N.S.) 827. 
 
 Liability for killing or injuring livestock 
 on track, because of lack of proper 
 headlight. 39 L.R.A. (N.S.) 271. 
 
 Private action against railroad for viola- 
 tion of statutory duty as to. L.R.A. 
 3915E, 538.
 
 INDEX TO L.R.A. NOTES. 
 
 623 
 
 HEADS OF DEPARTMENTS. 
 
 Supervising employees as. 51 L.R.A. 577. 
 
 HEADS OF FAMILIES. 
 
 Within provision for homestead exemption, 
 see HOMESTEAD, 3, 4. 
 
 Wife as, where husband is insane. 34 
 L.R.A. 223. 
 
 HEALERS. 
 
 How far use of mails by, is fraudulent. 70 
 
 L.R.A. 989. 
 Application of statutes regulating practice 
 
 of medicine to. 3 L.R.A. (N.S.) 763; 
 
 24 L.R.A. (N.S.) 103; 25 L.R.A. (N.S.) 
 
 1297; L.R.A.1917C, 827. 
 
 HEALTH. 
 
 I. In general, 1-4. 
 II. Boards of health, 5. 
 
 III. Protection of health, 6-1O. 
 
 IV. Nuisances affecting, 11. 
 
 I. In general. 
 
 1. Generally. 
 
 Of live stock, see ANIMALS, 17. 
 Constitutionality of statute as to, see 
 
 CONSTITUTIONAL LAW, 102. 
 Of insured, see INSURANCE, 93-98. 
 
 Claim against state under public health 
 laws. 42 L.R.A. 65. 
 
 Benefit to public health as a condition of 
 power to exercise eminent domain for 
 drainage of private lands. 49 L.R.A. 
 783. 
 
 Apprehension of injury to health as basis 
 of recovery for mental anguish. 20 
 L.R.A. (N.S.) 458. 
 
 Liability of vendor to purchaser on account 
 of unsanitary condition of premises. 
 34 L.R.A. (N.S.) 1035. 
 
 Effect of misrepresentation or suppression 
 of truth as to health of life tenant on 
 the sale of remainder interest. 17 
 L.R.A. (N.S.) 284. 
 
 Change of domicil as affected by removal 
 for benefit of health. 9 L.R.A. (N.S.) 
 1159. 
 
 Danger to health from confinement as 
 ground for removal or release on bail. 
 31 L.R.A. (N.S.) 916; 39 L.R.A.(N.S-) 
 770. 
 
 Validity of policy of health insurance re- 
 quiring notice of sickness within speci- 
 fied time. 18 L.R.A. (N.S.) 106. 
 
 Effect of expenditure of money in reliance 
 upon license from the public, to pre- 
 vent revocation thereof in the interest 
 of public health. 9 L.R.A. (N.S.) 733. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HEALTH, I. cont'd 
 
 Internal hemorrhage as evidence of statu- 
 tory wounding. 28 L.R.A. (N.S.) 965. 
 
 Extent of trespasser's liability for conse- 
 quential injuries to. 53 L.R.A. 631. 
 
 Effect of previous condition of, on recovery 
 from one negligently causing personal 
 injury. 48 L.R.A. (N.S.) 119. 
 
 Admissibility of evidence as to health of 
 members of deceased's familv in action 
 for his death. 4!) L.R.A. (N.S.) 737. 
 
 Admissibility of evidence as to health of 
 deceased to show pecuniary loss in ac- 
 tion for his death. L.R.A.1918C, 1111, 
 1127. 
 
 2. Sending to pest house. 
 
 Right to injunction against. 23 L.R.A. 
 
 (N.S.) 1188. 
 
 3. Duty and liability of carrier as 
 to. 
 
 Carrier's duty to give information as to 
 quarantine. 6 L.R.A. (N.S.) 1009. 
 
 Carrier's liability to passenger on account 
 of unsanitary condition of car. 26 
 L.R.A. (N.S.) 263. 
 
 Action of public authorities under police 
 power as defense to carrier for delay 
 or nondelivery of freight. 21 L.R.A. 
 (N.S.) 731; 28 L.R.A.(N.S.) 139. 
 
 4. Municipal liability as to. 
 
 Municipal liability for failure to enforce 
 health ordinance. 12 L.R.A. (N.S.) 
 638. 
 
 Liability of municipal corporation for death 
 or sickness caused by sewage or drain- 
 age. 22 L.R.A. (N.S.) 940. 
 
 Liability of municipality for injuries re- 
 sulting from use of dumping ground. 
 6 L.R.A.(N.S.) 1013. 
 
 Liability for throwing garbage on surface. 
 L.R.A.1915C, 747. 
 
 Liability of municipal corporation for de- 
 stroying infected house. 22 L.R.A. 
 (N.S.) 1128. 
 
 /I. Boards of health. 
 
 5. Generally. 
 
 Right of woman to be member of board of. 
 
 38 L.R.A. 211. 
 Power of board of health as to nuisances. 
 
 36 L.R.A. 603. 
 Contempt by board of health in disobeying 
 
 injunction. 48 L.R.A. 708. 
 Liability for damages from enforcement of 
 
 quarantine. L.R.A.1918E, 437. 
 Personal liability of member of board of 
 
 health, or of health officer. 5 L.R.A. 
 
 (N.S.) 635. 
 Authority of legislature to make punishable 
 
 failure to comply with rule of health 
 
 board. 6 L.R.A. (N.S.) 143. 
 
 III. Protection of health. 
 
 0. Generally. 
 
 Power of municipality aa to, generally, see 
 MUNICIPAL CORPORATIONS, 33. 
 
 Use of public funds to protect. 14 L.R.A. 
 476.
 
 624 
 
 INDEX TO L.R.A. NOTES. 
 
 HEALTH, III. cont'd 
 
 Power to fill lowlands at expense of owner. 
 30 L.R.A.(N.S.) 709. 
 
 7. During epidemics. 
 
 Municipal power in epidemics. 
 727. 
 
 26 L.R.A. 
 
 8. Regulations to protect. 
 
 Nuisanees injurious to health generally, see 
 MUNICIPAL CORPORATIONS, 39, 41; 
 
 NUISANCES. 
 
 Consideration of extrinsic evidence to show 
 unconstitutional^ of health statute. 
 L.R.A.1915D, 458. 
 
 HEALTH, III. cont'd 
 10. vaccination. 
 
 Of pupils, see SCHOOLS, 8. 
 
 Right to compel vaccination. 25 L.R.A. 
 
 152; 26 L.R.A. 728; 17 L.R.A. (N.S.) 
 
 709. 
 Power of municipality to incur expense of. 
 
 26 L.R.A. 727. 
 Liability of public for injuries to health 
 
 from compulsory vaccination. L.R.A. 
 
 1916B, 918. 
 
 IV. Nuisances affecting. 
 
 See EVIDENCE, XI. 
 
 Municipal regulation of nuisances relating ; Nuisances 
 to. 38 L.R.A. 311. 
 
 Municipal regulation of dealing in second- 
 hand clothes. 32 L.R.A. 121. 
 
 Power of state or health authorities to for- 
 bid the use of a polluted water supply. 
 23 L.R.A.(N.S.) 766. 
 
 Constitutionality of statutory regulations 
 as to safety and sanitary conditions of 
 tenement, lodging, and boarding 
 houses. 17 L.R.A.(N.S.) 486. 
 
 Constitutionality of laws prohibiting carry- 
 ing on of employments or occupations 
 upon certain premises. 44 L.R.A. 
 (N.S.) 46. 
 
 Authority of legislature to make punishable 
 failure to comply with rule of health 
 board. 6 L.R.A. (N.S.) 143. 
 
 Power of health authorities to require alter- 
 ation of private property in a par- 
 ticular manner to abate conditions en- 
 dangering public health. 24 L.R.A. 
 (N.S.) 241. 
 
 Power to regulate location or condition of 
 bakeries. 26 L.R.A. (N.S.) 842. 
 
 Power of municipal corporation to grant 
 exclusive right or create monopoly for 
 removing substances inimical to health. 
 21 L.R.A.(N.S.) 830; L.R.A.1915D, 209. 
 
 State legislation for protection of health of 
 live stock as interference with inter- 
 state commerce. 26 L.R.A. (N.S.) 279. 
 
 Validity and construction of statutory 
 regulations as to infected animals. 26 
 L.R.A. 638; 43 L.R.A. (N.S.) 1066. 
 
 Sanitary regulations as to stables. 45 
 L.R.A.(N.S.) 575. 
 
 Power to prohibit or restrict use of tobacco. 
 
 51 L.R.A.(N.S.) 562. 
 
 Requiring certificate of freedom from ve- 
 nereal disease, as condition to marriage. 
 
 52 L.R.A.(N.S.) 778. 
 
 Validity of statutes or ordinances for exter- 
 mination of vermin. L.R.A.1916A, 
 1239. 
 
 9. quarantine regulations. 
 
 Duty and liability of carrier as to quaran- 
 tine, see CARRIERS, 44. 
 
 As to ships. 26 L.R.A. 484. 
 
 As to land communication. 26 L.R.A. 488. 
 
 Responsibility for violation of quarantine 
 by children or others under one's con- 
 trol. 45 L.R.A. (N.S.) 580. 
 
 Liability for damages from enforcement of. 
 L.R.A.1918E, 437. 
 
 11. Generally. 
 
 injurious to, 
 CORPORATIONS, 39, 
 
 Prescriptive right to maintain. 53 L.R.A. 
 893. 
 
 see 
 41; 
 
 MUNICIPAL 
 
 NUISANCES. 
 
 HEARING. 
 
 Necessity of, to constitute due process, see 
 CONSTITUTIONAL LAW, 187. 
 
 HEARSAY EVIDENCE. 
 
 HEART DISEASE. 
 
 As element of damages for negligent injury. 
 48 L.R.A.(N.S.) 101. 
 
 HEARTLESS STATEMENTS. 
 
 Heartless statement by person causing ac- 
 cident made some time thereafter as 
 res gestce, 42 L.R.A.(N.S.) 926. 
 
 HEAT. 
 
 Begin with this ftoofc on every law question. 
 
 1. Generally. 
 
 Power of municipality as to, see MUNICIPAL 
 CORPORATIONS, 32. 
 
 Duty of carrier to protect live stock from 
 "injury by. 39 L.R.A. (N.S.) 642. 
 
 Provision exempting carrier from liability 
 for loss by heat as extending to loss 
 caused by negligence. 6 B. R. C. 130. 
 
 Master's liability for vice principal's negli- 
 gence in exposing servant to excessive 
 heat. 54 L.R.A. 133. 
 
 Assumption by servant of danger of heat 
 prostration. L.R.A.1915E, 613. 
 
 Loss of insured property by excessive heat 
 from heating apparatus without actual 
 ignition. 25 L.R.A. (N.S.) 501. 
 
 Taking of property for manufacture of heat 
 by electricity as a public purpose. 22 
 L.R.A.(N.S.) 137.
 
 INDEX TO L.R.A. NOTES. 
 
 HEAT cont'd 
 
 2. Duty and liability as to furnish- 
 ing. 
 
 Carrier's duty as to heating cars, see CAB- 
 BIEBS, 42. 
 
 Loss of profits as element of damages for 
 cutting off supply of, from premises. 
 22 L.R.A.(N.S.) 588. 
 
 Eviction of tenant by failure to furnish 
 heat. 37 L.R.A. (N.S.) 1217; L.R.A. 
 1916E, 742. 
 
 Duty and liability of landlord of apart- 
 ments as to heating. 37 L.R.A. (N.S.) 
 1213. 
 
 HEATING APPARATUS. 
 
 As part of realty. 1 B. R. C. 972. 
 
 Loss of insured property by excessive heat 
 
 from, without actual ignition. 25 
 
 L.R.A.(N.S.) 501. 
 
 HEATING CARS. 
 
 Duty of carrier as to, see CABBIEBS, 42. 
 
 HEATING SERVICE. 
 
 As public utility. 37 L.R.A. ( NJS. ) 510. 
 
 HEAT OF PASSION. 
 
 Homicide in, see HOMICIDE, 32. 
 
 HEAT PROSTRATION. 
 
 Recovery under Workmen's Compensation 
 Act for injury caused by. L.R.A.1918F, 
 937. 
 
 HEIGHT. 
 
 Restrictions on height of building, see 
 BUILDINGS, 3. 
 
 HEIRLOOMS. 
 
 Sentimental value as measure of damages 
 for loss or conversion of or injury to. 
 L.R.A.1917D, 503. 
 
 HEIRS. 
 
 1. Generally. 
 
 Heirs of partner as parties defendant, see 
 PABTIES, 30. 
 
 Beneficiaries and parties plaintiff to action 
 for death under statute providing for 
 
 action for benefit 
 191GE, 118. 
 
 of heirs. L.R.A. 
 
 Cotisnlt also L.R.A. Digests of Cases. 40 
 
 HEIRS cont'd 
 
 Injunction against execution sales to pro- 
 tect. 30 L.R.A. 123. 
 
 Insane delusion as to misconduct of. 37 
 L.R.A. 275. 
 
 Effect on marketability of title of failure to 
 make heirs of deceased owner parties 
 to court proceeding. 38 L.R.A. (N.S.) 
 22. 
 
 Effect of statute making husband an heir 
 of wife on rule that marriage alone 
 without birth of issue will not revoke 
 a woman's will. 34 L.R.A.(N.S.) 
 1021. 
 
 Devolution from heir of vendee's interest 
 under contract for purchase of land. 
 42 L.R.A.(N.S.) 450. 
 
 Interest covered by insurance in name of 
 heirs of a decedent. 42 L.R.A.(N.S.) 
 82. 
 
 2. Who are. 
 
 Does widow come within the term "heirs." 
 L.R.A.1918A, 1108. 
 
 Meaning of term "natural heirs." 45 
 L.R.A. (N.S.) 11 63. 
 
 Extrinsic evidence to identify person in- 
 tended by testator using term. 47 
 L.R.A. (N.S.) 533. 
 
 Recital in deed as evidence of heirship. 45 
 L.R.A.(N.S.) 93. 
 
 When construed to mean "children." 1 
 L.R.A.(N.S.) 319. 
 
 Within meaning of insurance policy. 30 
 L.R.A. 593. 
 
 Who are legal heirs to whom insurance is 
 payable. 3 L.R.A. (N.S.) 904. 
 
 Who are "nearest male heirs" within mean- 
 ing of devise. 7 B. R. C. 982. 
 
 3. Time of determining. 
 
 Are "heirs" who take under the possibility 
 of reverter determined as of the time 
 of the ancestor's death, or as of the 
 time of the termination of the fee. 18 
 L.R.A.(N.S.) 624. 
 
 4. Rights and powers of. 
 
 Choice of remedy of pretermitted heirs, see 
 ELECTION OF REMEDIES, 6. 
 
 Expectancy of prospective heir, see EX- 
 PECTANCY. 
 
 Right of heirs of deceased partner in 
 partnership real estate, see PABTNEB- 
 SHIP, 22. 
 
 Rights of under rule in Shelley's Case, see 
 DEEDS, 30; WILLS, 82. 
 
 Rights of, in estate of ancestor, see DESCENT 
 AND DlSTBIBUTION, 2-8; EXECUTOBS 
 AND ADMINISTBATOBS ; WILLS. 
 
 Rights of, in homestead, see HOMESTEAD, 
 17-20. 
 
 Ornamental articles as fixtures as between 
 legatees, devisees, heirs, personal rep- 
 resentatives, and life tenants. 6 B. R. 
 C. 162. 
 
 Right of, to gift failing for remoteness. 20 
 L.R.A. 517. 
 
 Necessity of ancestor's having been in pos- 
 session to give heirs benefit of his color 
 of title. 42 L.R.A.(N.S.) 403.
 
 626 
 
 INDEX TO L.R.A. NOTES. 
 
 HEIRS cont'd 
 
 Right of heirs of deceased partner in part- 
 nership real estate. 27 L.R.A. 348. 
 
 Right to rents of intestate's property. 40 
 L.R.A. 343. 
 
 Right to have judgment against decedent 
 set aside. 54 L.R.A. 761. 
 
 Binding effect of settlement by sole heir or 
 distributee of claim belonging to es- 
 tate, upon administrator. 11 L.R.A. 
 (N.S.) 148. 
 
 Right of heirs of donor to enforce proper 
 administration of charitable trust. 3 
 L.R.A.(N.S.) 227. 
 
 Right of heirs to make or control election 
 for or against a will or between dif- 
 ferent provisions of a will or statute. 
 11 L.R.A.(N.S.) 382. 
 
 Right of heirs to protection of recording 
 acts as against acts or conveyances of 
 ancestor. 43 L.R.A. (N.S.) 1144. 
 
 Right of heirs of divorced person to attack 
 divorce decree. L.R.A.1917B, 499. 
 
 Right of heir to testify in favor of the es- 
 tate. L.R.A.1918C, 918. 
 
 Right of heirs to contest will. L.R.A.1918A, 
 452. 
 
 Right of heirs apparent of testator's heir 
 to contest will. L.R.A.1918A, 456. 
 
 5. effect on, of fraud against; or 
 promise to, ancestor. 
 
 Gift by will as affected by heir's promise to 
 testator. 20 L.R.A. 466. 
 
 Impressing share of heir with constructive 
 trust because of his fraud in frustrat- 
 ing decedent's intention to give the 
 property to a third person. 8 L.R.A. 
 (N.S.) 698; 31 L.R.A.(N.S.) 176. 
 
 6. Rights of third persons as against. 
 
 Liability of heirs for debts of ancestor, see 
 DESCENT AND DISTRIBUTION, 12, 13. 
 
 Child's right in parents' homestead as 
 against heirs. 56 L.R.A. 65. 
 
 Rights of wife under conveyance from hus- 
 band as against latter's heirs. 69 
 L.R.A. 377. 
 
 Right of dower as against heirs in land 
 subject to purchase money mortgage or 
 vendor's lien. 52 L.R.A. (N.S.) 547, 
 557. 
 
 Ornamental articles as fixtures as between 
 legatees, devisees, heirs, personal rep- 
 resentatives, and life tenants. 6 B. R. 
 C. 162. 
 
 7. Remedies of or against. 
 
 Equity jurisdiction of suit by or against, 
 see EQUITY, 17. 
 
 Remedy of pretermitted heirs. 37 L.R.A. 
 (N.S.) 1143. 
 
 Injunction by, to prevent interment or re- 
 strain interference with interment of 
 ancestor's remains, 3 L.R.A. (N.S.) 487. 
 
 Remedies against heir of devisee for en- 
 forcement of legacy charged on the de- 
 vise. 30 L.R.A. (N.S.) 818. 
 
 Validity and effect of judgment against 
 heirs designated as unknown. L.R.A. 
 1918F, 609. 
 
 HEIRS cont'd 
 
 Right of heir to avoid sale of decedent's 
 property to executor or administrator. 
 L.R.A.1918B, 30. 
 
 8. Liabilities of. 
 
 Liabilities of, to creditors of ancestor, see 
 DESCENT AND DISTRIBUTION 12, 13. 
 
 Liability of interest of prospective heirs to 
 attachment or garnishment, see EX- 
 PECTANCY, 4. 
 
 Assessment on decedent's estate against. 
 
 56 L.R.A. 645. 
 Indebtedness of, to estate as counterclaim 
 
 or set-off against distributive share in 
 
 proceeds of real estate. 4 L.R.A. 
 
 (N.S.) 189. 
 
 9. Necessity and effect of using word 
 in will or conveyance. 
 
 Under rule, in Shelley's Case, see DEEDS, 
 
 30; WILLS, 82. 
 Necessity of use of word "heirs" to pass 
 
 fee to trustee, see TRUSTS, 3. 
 Persons who take under devise to heirs, see 
 
 WILLS, 69. 
 
 Effect of provision in bequest of personalty 
 that upon first taker's death the prop- 
 erty shall go to his "heirs" to create an 
 absolute title in him. 4 L.R.A. (N.S.) 
 470. 
 
 HELPLESS PERSON. 
 
 Carrier's duty toward helpless passengers, 
 see CARRIERS, generally, 39, 40. 
 
 Care due towards, see NEGLIGENCE, 12. 
 
 On railroad tracks, injury to, see RAIL- 
 ROADS, 55. 
 
 Duty of street railway company towards, 
 see STREET RAILWAYS, 16. 
 
 HEMORRHAGE. 
 
 Internal hemorrhage as evidence of statu- 
 tory wounding. 28- L.R.A.(N.S.) 965. 
 
 HEPBURN ACT. 
 
 Implied contract for through shipment 
 under. 31 L.R.A. (N.S.) 28. 
 
 Effect of, on limitation of initial carrier's 
 undertaking to its own line. 31 L.R.A. 
 (N.S.) 52. 
 
 As affecting validity of stipulation limit- 
 ing carrier's liability to agreed valu- 
 ation. 28 L.R.A. (N.S.) 293. 
 
 HERBAGE. 
 
 Begin with this &oofc on every Icviv question. 
 
 Right of railroad company to herbage on 
 right of way. 45 L.R.A. (N.S.) 798.
 
 INDEX TO L.R.A. NOTES. 
 
 627 
 
 HERBALIST. 
 
 Application to, of statute regulating prac- 
 tice of medicine. L.R.A.1917C, 829. 
 
 HERDS. 
 
 Validity of regulations as to herds of cat- 
 tle of persons selling milk. L.R.A. 
 1917C, 253. 
 
 HERNIA. 
 
 Recovery for, under workmen's compensa- 
 tion act. L.R.A.1916A, 303; L.R.A. 
 1917D, 108; L.R.A.1918F, 873. 
 
 Hernia as breach of condition or warranty 
 in insurance contract as to health or 
 bodily condition. L.R.A.1917B, 747. 
 
 HERO. 
 
 Voluntarily incurring danger to save an- 
 other's life. 27 L.R.A.(N.S.) 1069. 
 
 HEROIN. 
 
 Furnishing or prescribing by physician. 
 L.R.A.1918E, 669. 
 
 HIDES. 
 
 Municipal power over, as nuisance. 38 
 L.R.A. 654. 
 
 HIEROGLYPHICS. 
 
 Use of, in books of account as affecting 
 their admissibility in evidence. 62 
 L.R.A. 573. 
 
 " 
 
 HIGH SEAS. 
 
 Transfer of ships on, by bankruptcy or in- 
 solvency proceedings. 23 L.R.A. 46. 
 
 Does transportation over, to points in same 
 state by route part of which is in an- 
 other state constitute interstate com- 
 merce. 28 L.R.A.(N.S.) 988. 
 
 HIGH- WATER MARK. 
 
 Title to land below, see WATERS, 16. 
 
 HIGHWAY CONTRACTORS. 
 
 Liability of, for injuries to travelers, see 
 
 HIGHWAYS, 92. 
 Consult also L.R.A. Digests of Case*, 
 
 HIGHWAY DISTRICTS. 
 
 See HIGHWAYS, 2. 
 
 HIGHWAY OFFICERS. 
 
 Liability for injury by defect in highway, 
 see HIGHWAYS, 87. 
 
 HIGHWAYS. 
 
 7. In general, 1. 
 
 II. Highway districts; what are high- 
 
 ways, 2, 3. 
 
 III. Establishment; width, 4-8a. 
 
 IV. Title; control; use; obstruction; 
 
 encroachment, 9-46. 
 
 a. In general, 9. 
 
 b. Title and property rights 
 
 generally, 1O. 
 
 c. RigJits and title of abutting 
 
 owner, 11-14. 
 
 d. Uses; what allowed in street 
 
 generally, 15-25. 
 J. In general, 15, 16. 
 
 2. Vse by public generally, 
 
 17-20. 
 
 3. Vse by public service 
 
 corporations generally, 
 street franchises, 
 21-25. 
 
 e. Vse and obstruction by rail- 
 
 roads, 26-32. 
 
 f. Obstructions generally; en- 
 
 croachments, 33-39. 
 
 g. Nuisances, 4O, 41. 
 
 h. Rights as to trees and ma- 
 terial in street, 42-44. 
 
 i. Rights and regulations as to 
 
 vehicles, 45, 46. 
 V. Improvement; repairs; grading; 
 change of grade; lighting; 
 removal of snow and ice, 
 47-56. 
 
 a. In general, 47-49. 
 
 b. Grading street, SO, 51. 
 
 c. Change of grade, 52, 53. 
 
 d. Lighting of streets and 
 
 bridges, 54, 55. 
 
 e. Removal of snow, ice, weeds, 
 
 etc., 56. 
 VI. Liability for injuries to travelers, 
 
 56a-lO7. 
 
 a. In general, 56a, 56b. 
 Z>. Liability of municipality, 
 57-77. 
 
 1. In general, 57, 58. 
 
 2. Who entitled to protec- 
 
 tion, 59, 59a. 
 
 3. For acts and omissions 
 
 of others, 6O-64. 
 
 4. Defects and obstruc- 
 
 tions, 65-7 5a. 
 6. For permitting or fail- 
 ure to prevent improper 
 use, 76, 77. 
 
 c. Liability of county, 78. 
 
 d. Liability of township, 79.
 
 628 
 
 INDEX TO L.R.A. NOTES. 
 
 HIGHWAYS, VI. cont'd 
 
 e. Liability of abutting owners 
 or occupants, 8O-84. 
 
 /. Liability of landlord, 85- 
 86a. 
 
 g. Liability of highivay officers, 
 87. 
 
 h. Liability of railroads, 88. 
 
 i. Liability of street railways, 
 89-91. 
 
 j. Liability of contractors, 
 92. 
 
 Tc. Liability for acts of inde- 
 pendent contractors, 93. 
 
 I. Joint liability of municipal- 
 ity and others; liability 
 over, 94, 95. 
 
 m. Contributory negligence, 
 96-101. 
 
 n. Notice, 1O2-1O7. 
 
 1. Of defects, 1O2-1O5. 
 
 2. Of injtiries, 1O6, 
 
 1O7. 
 
 VII. Municipal liability for injuries to 
 property through defects in 
 street, 1O8. 
 
 VIII. Discontinuance; vacation; aban- 
 donment; reversion, 109- 
 113. 
 IX. Highway officers, 114. 
 
 I. In general. 
 
 1. Generally. 
 
 Access to, see ACCESS, 1. 
 
 As boundaries of property conveyed, see 
 BOUNDARIES, 5. 
 
 As to bridges, see BBIDGES. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 103. 
 
 Private ways or easements, see EASEMENTS; 
 PRIVATE ROADS. 
 
 Private roads, see PRIVATE ROADS. 
 
 Fences along, see FENCES, 4. 
 
 Injunction as to, see INJUNCTION, 64. 
 
 Power of municipality with respect to 
 generally, see MUNICIPAL CORPORATIONS, 
 27. 
 
 Parties plaintiff in actions affecting, see 
 PARTIES, 4. 
 
 Over public land, see PUBLIC LANDS, 8. 
 
 Crossing of highway by railroad, see RAIL- 
 ROADS, 31. 
 
 Right to take tolls on road within a city. 
 15 L.R.A. 651. 
 
 Damages for breach of contract as to. 
 53 L.R.A. 33. 
 
 Public highway across land at time of con- 
 veyance as breach of covenant. 30 
 L.R.A.(N.S.) 833; 48 L.R.A.(N.S.) 619. 
 
 On shore. 4 L.R.A.(N.S.) 872. 
 
 Effect of street along shore on right to 
 erect wharves. 40 L.R.A. 646. 
 
 Liability for injury to, by removal of later- 
 al support. 68 L.R.A. 707. 
 
 Interference by, with wharf rights in navi- 
 gable waters. 34 L.R.A. (N.S.) 431. 
 
 Duty to maintain bridge over race way in- 
 tersecting highway. 31 L.R.A.(N.S.) 
 243. 
 
 Begin with this booTc on every law question. 
 
 HIGHWAYS, I. cont'd 
 
 Right of government to divert water from 
 nontidal stream for highway purposes 
 without compensation to riparian own- 
 er. 37 L.R.A. (N.S.) 311. 
 
 Condemnation of, for school purposes. 48 
 L.R.A. (N.S.) 489. 
 
 Duty as to highway crossed by ditch con- 
 structed by drainage district. 43 
 L.R.A.(N.S.) 695. 
 
 Estoppel of municipality to open or use 
 streets. 46 L.R.A. (N.S.) 1211. 
 
 Is ordinance requiring covering of side- 
 walk where building is in process of 
 construction for benefit of servants. 
 45 L.R.A. (N.S.) 550. 
 
 Tax or assessment for public improvement 
 on. 44 L.R.A.(N.S.) 836. 
 
 Use for highway purposes of squares, parks, 
 or commons as a diversion. 50 L.R.A. 
 (N.S.) 465. 
 
 Street cleaning as a governmental function. 
 L.R.A.1915C, 741. 
 
 Construction of highway as an "internal im- 
 provement" within the meaning of a 
 constitutional prohibition against state 
 engaging in or aiding internal improve- 
 ments. L.R.A.1917C, 1038. 
 
 II. Highway districts; what are high- 
 ways. 
 
 2. Highway districts. 
 
 Right to withdraw names from petition for 
 consolidation of highway district. 35 
 L.R.A.(N.S.) 1113. 
 
 3. What are highways. 
 
 Floatable streams as. 41 L.R.A. 376. 
 Navigable stream as. 70 L.R.A. 272. 
 Use of canals as highways. 61 L.R.A. 850. 
 
 III. Establishment; width. 
 
 4. Establishment generally. 
 
 Amount of damages allowed on laying out 
 highway, see DAMAGES, 91, 92. 
 
 Dedication for highway, see DEDICATION. 
 
 Dedication by bounding land on highway, 
 see DEDICATION, 6. 
 
 Condemnation of land for, see EMINENT 
 DOMAIN, 13, 14. 
 
 Liability of county for injuries to real prop- 
 erty from construction of road. 39 
 L.R.A. 68. 
 
 Right to withdraw name from petition for. 
 11 L.R.A.(N.S.) 372. 
 
 Right to extend highway into navigable 
 water. 15 L.R.A. (N.S.) 1170. 
 
 Fraud in proceedings for opening or ex- 
 tending highway as defense to proceed- 
 ings to acquire property for that pur- 
 pose. 7 L.R.A.(N.S.) 639. 
 
 Establishment of highways over public lands 
 subsequent to entry thereon by one who 
 has not perfected his title. 24 L.R.A. 
 (N.S.) 764. 
 
 Extinguishment of easement for private way 
 by its incorporation into a public way. 
 21 L.R.A.(N.S.) 1002.
 
 INDEX TO L.R.A. NOTES. 
 
 629 
 
 HIGHWAYS, III. cont'd 
 
 Use of squares, parks or commons for high- 
 ways as a diversion. 25 L.R.A.(N.S.) 
 981; 50 L.R.A.(N.S.) 465. 
 
 Injunction or ejectment as proper remedy 
 where public highway is illegally opened 
 over private property. 25 L.R.A. 
 (N.S.) 511. 
 
 Establishment of road as essential to lia- 
 bilitv of townships for defects therein. 
 13 L.R.A. (N.S.) 1222. 
 
 Necessity and sufficiency of acceptance of 
 grant of right of way over public land 
 for public highway. L.R.A.1917A, 355. 
 
 5. Acquiring by prescription. 
 
 Adverse possession of highway, see ADVERSE 
 POSSESSION, 12. 
 
 Public easement acquired by prescription. 
 11 L.R.A. 55. - 
 
 Establishment of highway by prescription 
 as affected by the means of conveyance 
 or transportation employed. L.R.A. 
 1918E, 402. 
 
 6. Acceptance. 
 
 Effect of mere use of highway over public 
 domain as acceptance of grant or right 
 of way. 9 L.R.A. (N.S.) 1223. 
 
 Refusal by public to accept platted street or 
 highway as affecting private easements 
 of abutting owners. L.R.A.1917A, 1123. 
 
 7. Laying out across railroad. 
 
 See RAILROADS, 31. 
 
 8. Width. 
 
 Delegation by city council of power to de- 
 termine width. 20 L.R.A. 653. 
 
 Rights acquired as against public by en- 
 closure and adverse possession of part 
 of width of highway. 18 L.R.A. 149. 
 
 Duty of municipality as to width of rural 
 highway within city or village limits. 
 29 L.R.A.(N.S.) 825. 
 
 8a. narrowing streets. 
 
 Right of abutting owner to compensar 
 
 tion on narrowing of street. 36 L.R.A. 
 
 (N.S.) 1119. 
 
 IV. Title; control; use; obstruction; 
 encroachment. 
 
 a. In general. 
 
 9. Generally. 
 
 Lighting of, see infra, 53, 54. 
 Choice of remedies as to rights in, see 
 ELECTION OF REMEDIES, 10. 
 
 Power of municipality to limit its control 
 or authority over street or other public 
 ground as an incident of its acquisition 
 of title or right therein. 9 L.R.A. 
 (N.S.) 1045. 
 
 Injunction against interference with view 
 from. 5 L.R.A. (N.S.) 466. 
 
 b. Title and property rights generally. 
 
 10. Generally. 
 
 Of abutting owner, see infra, IV. c. 
 Consult also L.R.A. Digests of Cases. 
 
 HIGHWAYS, IV. b cont'd 
 
 Ejectment for lands subject to easement of 
 
 highway. 18 L.R.A. 787. 
 Ejectment for easement in street. 11 L.R.A. 
 
 (N.S,) 129. 
 Taxes on easements of corporation in, as 
 
 real estate. 1 L.R.A. (N.S.) 263. 
 
 c. Rights and title of abutting owner. 
 
 11. Generally. 
 
 Rights and liabilities of railroad in highway 
 as against abutting owner, see infra, 
 27. 
 
 Rights as to trees and material, see infra, 
 42-44. 
 
 Liability to abutting owner for damage from 
 grading street, see infra, 51. 
 
 Liability to abutting owner for damage 
 from change of grade, see infra, 53. 
 
 Boundary on highway, see BOUNDARIES, 
 5. 
 
 Creation of easement in highway by con- 
 veyance with reference to street, see 
 EASEMENTS, 11. ,.i<4 < 
 
 Easements of light and air, see EASE- 
 MENTS, 13, 19-21. 
 
 Right to minerals under, see infra, 44. 
 
 In case of street railways, see STREET RAIL- 
 WAYS, 4. 
 
 Injunction as proper remedy to protect right 
 of ingress and egress from street to 
 abutting property. 35 L.R.A. (N.S.) 
 193. 
 
 Right of abutting owner to change exjst- 
 ing conditions in surface of street or 
 highway. 16 L.R.A. (N.S.) 1038. 
 
 Obstructions in highway, preventing access 
 to property except by a circuitous 
 route, as a special injury entitling 
 owner to maintain action for damages, 
 or to abate the nuisance. 8 L.R.A. 
 (N.S.) 227; 21 L.R.A.(N.S.) 75; L.R.A. 
 1917A, 1155. 
 
 Liability of county for injuries caused by 
 construction or maintenance of a bridge 
 to property thereto adjoining. 21 
 L.R.A.(N.S.) 209. 
 
 Liability of a municipality for temporary 
 interference with access to property in 
 making improvements. 46 L.R.A. 
 (N.S.) 620. 
 
 Right of action of occupant of premises 
 abutting on highway for interference 
 with the public's view of goods or 
 advertising displayed 'thereon. 6 B. 
 R. C. 493. 
 
 12. Water rights. 
 
 Effect of street on shore on title to accre- 
 tions to shore lands. 58 L.R.A. 208. 
 
 Does public easement in street terminating 
 at shore line follow recession of shore 
 line. 22 L.R.A.(N.S.) 593. 
 
 Effect of construction by abutting owner of 
 wharf on the street. 16 L.R.A.(N.S.) 
 506. 
 
 Effect of deed to carry title to water's edge, 
 where a street or highway intervenes. 
 13 L.R.A.(N.S.) 551.
 
 630 
 
 INDEX TO L.R.A. NOTES. 
 
 HIGHWAYS, IV. c cont'd 
 
 Is one a riparian or littoral owner whose 
 property abuts on a highway one line 
 of which is coterminous with the shore 
 line of navigable water. 22 L.R.A. 
 (N.S.) 674. 
 
 13. Uses permitted to abutting own- 
 ers. 
 
 As to awnings; signs, etc., see infra, 19a. 
 Right to obstruct for business and building 
 purposes, see infra, 34. 
 
 In general. 49 L.R.A. (N.S.) 844. 
 
 Municipal liability for injury to traveler 
 by uses permitted to abutting own- 
 er. 19 L.R.A.(N.S.) 509. 
 
 Right to lay pipe or make other under- 
 ground use of highway. 13 L.R.A. 
 (N.S.) 905; 52 L.R.A.(N.S.) 1038. 
 
 Right to use highway for ditch. 34 L.R.A. 
 (N.S.) 506. 
 
 Right to 1 continue enjoyment of passway 
 across highway. 12 L.R.A. (N.S.) 918. 
 
 Right to join land to street by driveway 
 or walk. 30 L.R.A.(N.S.) 1074. 
 
 Power of municipality to permit abutting 
 owners to extend structures into street. 
 28 L.R.A.(N.S.) 375. 
 
 Encroachment on public street or alley by 
 occupier of abutting property for stor- 
 age or similar purposes as basis of ad- 
 verse possession or estoppel. 36 L.R.A. 
 (N.S.) 1056. 
 
 14. vaults; area ways, etc. 
 
 Municipal liability for injury due to, see 
 . infra, 62, 69. 
 
 For areaways, hatchways, coal holes, etc. 19 
 
 L.R.A.(N.S.) 516. 
 Power of municipality to require removal 
 
 of vaults in street. 32 L.R.A. (N.S.) 
 
 1034; L.R.A.1915F, 1009. 
 Power of municipal corporation to exact 
 
 fee or rental for vaults or areaways 
 
 in street. 31 L.R.A.(N.S.) 868. 
 
 d. Uses; wJiat allowed in street gen- 
 erally. 
 
 J. In general. 
 
 15. Generally. 
 
 Use by abutting owner, see supra, 13, 
 14. 
 
 Municipal liability for injury to traveler 
 by permitting or failing to prevent im- 
 proper use, see infra, 76, 77. 
 
 Use for drains and sewers, see DBAINS AND 
 SEWERS, 4. 
 
 Use of street for hack stands, see HACKS 8 
 2. 
 
 License for use of streets generally, see 
 LICENSE, 44. 
 
 Use for market, see MARKETS, 3. 
 
 Liability for injuries in consequence of 
 fright of animals not on highway be- 
 cause of an improper use of highway 
 L.R.A.1918D, 571. 
 
 Incorporation of territory into municipality 
 as affecting prior rights as to use of 
 highway. 47 L.R.A. (N.S.) 607. 
 
 Begin ivith this book on every law question. 
 
 HIGHWAYS, IV. d, 1 cont'd 
 Power to permit tunnel or passageway un- 
 der street for private purposes. L.R.A. 
 
 1915F, 937. 
 Power of municipality to authorize use of, 
 
 for private drain. 16 L.R.A. 715. 
 Right of county, municipality or town to 
 
 collect tolls for use of highway. 42 
 
 L.R.A. (N.S.) 836. 
 Violating ordinance as to use of, as ground 
 
 of private action. 5 L.R.A. (M.S.) 257. 
 Power of municipality to punish use of, 
 
 which is also an offense under state 
 
 law. 17 L.R.A.(N.S.) 53. 
 
 16. For business or advertising pur- 
 poses. 
 
 Obstruction for, see infra, 34. 
 
 Location of gasolene stations in highway. 
 
 L.R.A.1917F, 1005. 
 
 Power of municipal corporation to grant or 
 lease space on street or sidewalk 
 for business purposes. 25 L.R.A. 
 (N.S.) 400. 
 
 Grant of right to use streets or other pub- 
 lic places for advertising purposes. 9 
 L.R.A.(N.S.) 455. 
 
 Power of city as to regulation of signs and 
 billboards in street, 21 L.R.A. (N.S.) 
 735; L.R.A.1917A, 1222. 
 
 2. Use by public generally. 
 
 17. Generally. 
 
 Regulation of automobiles in, see AUTOMO- 
 BILES, la. 
 Use of jitney busses on, see JITNEY BUSSES. 
 
 State or municipal regulations affecting 
 those engaged in handling United States 
 mails. L.R.A.1918C, 940. 
 
 Validity of statute or ordinance for direc- 
 tion of street traffic by police officers. 
 L.R.A.1918F, 1113. 
 
 Homicide resulting from negligent use of 
 highway. 61 L.R.A. 279. 
 
 Forbidding or restricting teaming on cer- 
 tain public ways. 51 L.R.A. (N.S.) 
 1203. 
 
 Ordinances as to street parades. 19 L.R.A. 
 858; 39 L.R.A. 672; 25 L.R.A. (N.S.) 
 251. 
 
 Delegation of power to regulate parades. 20 
 L.R.A. 721. 
 
 Market regulations as to sales on. 24 
 L.R.A. 584. 
 
 Privilege of using street as a contract. 50 
 L.R.A. 142; L.R.A.1918E, 892. 
 
 Right of public to use or divert water in 
 highway. 41 L.R.A. (N.S.) 1066. 
 
 18. Prohibition against loitering or 
 assembling in. 
 
 Power of municipality to prevent gathering 
 or assembling of persons in street or 
 on sidewalk. 52 L.R.A. (N.S.) 999. 
 
 Right of municipal corporation to prevent 
 
 loitering in streets. 
 973. 
 
 15 L.R.A.(N.S.)
 
 INDEX TO L.R.A. NOTES. 
 
 631 
 
 HIGHWAYS, IV. d, 2 cont'd 
 19. Use by bicyclist. 
 
 Right of bicyclists to use, generally. 47 
 
 L.R.A. 289. 
 Validity of enactments restricting use of, 
 
 by bicyclist. 47 L.R.A. 290. 
 
 19a. Overhanging objects; awnings; 
 signs; billboards. 
 
 Municipal liability for injury to traveler 
 by, see infra, 68. 
 
 Right to maintain awnings in streets. 26 
 L.R.A. 340. 
 
 Power of municipal corporation to compel 
 removal of awnings or signs encroach- 
 ing on streets. 20 L.R.A. (N.S.) 146; 
 L.R.A.1916C, 564. 
 
 Signboards as a nuisance in street; munic- 
 ipal control over. 39 L.R.A. 661. 
 
 Municipal power as to regulation of signs 
 and billboards. 21 L.R.A. (N.S.) 
 735. 
 
 For esthetic purposes. 34 L.R.A. (N.S.) i 
 998; L.R.A.1917A, 1220. 
 
 Signs and other objects overhanging and j 
 liable to fall. 19 L.R.A. (N.S.) 517. 
 
 Power to make erection of signs conditional 
 upon consent of neighbors. 8 L.R.A. 
 (N.S.) 978. 
 
 Special damage from awning or structure 
 overhanging street, which will sustain 
 action by private person to abate or 
 enjoin it as a nuisance. 48 L.R.A. 
 (N.S.) 173. 
 
 20. As to hitching of horses. 
 
 Negligence in leaving horse unhitched, see 
 NEGLIGENCE, 27. 
 
 Power of municipality to regulate hitching 
 of, in streets. 11 L.R.A. (N.S.) 1080. 
 
 3. Use by public service corporations 
 generally; street franchises. 
 
 21. Generally. 
 
 Measure of damages to abutting owner for 
 additional burdens in highway, see 
 DAMAGES, 89, 90. 
 
 What constitutes a taking of an interest 
 in highway, see EMINENT DOMAIN, 44. 
 
 What constitutes an additional burden or 
 servitude in highway, see EMINENT 
 DOMAIN, 55-57. 
 
 As to street railways, see STREET RAIL- 
 WAYS, 3-6. 
 
 Right to exact additional compensation 
 when extending street franchise to cov- 
 er additional purposes. L.R.A. 1915E, 
 165. 
 
 Privilege of using street as a contract with- 
 in provision against impairing obliga- 
 tion. 50 L.R.A. 142; L.R.A.1918E, 
 892. 
 
 Power of municipality in absence of express 
 legislative authority to grant street 
 franchises. 22 L.R.A. (N.S.) 925. 
 
 Validity of contract making public service 
 corporation's liability to municipality 
 dependent upon the continuance of its 
 franchise without competition. 21 
 L.R.A. (N.S.) 214. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HIGHWAYS, IV. d, 3 cont'd 
 
 Right of owner of franchise for public ben- 
 efit which is not exclusive to injunc- 
 tion against its invasion without right. 
 29 L.R.A.(N.S.) 77. 
 
 Proper remedy to make franchise available, 
 as against municipalitv. 6 L.R.A. 
 (N.S.) 782. 
 
 Municipal declaration of forfeiture of street 
 franchise or privilege for breach of 
 conditions, as a judicial determination. 
 4 L.R.A. (N.S.) 321. 
 
 Liability of municipality in damages for 
 repeal or interference with enjoyment 
 of street franchise. 36 L.R.A. ( N.S.) 
 861. 
 
 Duty and right of municipality to reimburse 
 public service corporation for expenses 
 entailed by improvements in street. 6 
 L.R.A. (N.S.) 1026. 
 
 Franchise to occupy, as affecting liability of 
 user of electricity for interference with 
 the business or injury to the property 
 of another resulting from induction or 
 from use of earth as a return electric 
 circuit. 2 B. R. C. 130. 
 
 Location of street franchise for purposes of 
 taxation. 5 L.R.A. (N.S.) 174. 
 
 Does taxation of business or occupation of 
 public service corporation and taxation 
 of its franchise or right to occupy the 
 streets amount to double taxation. 28 
 L.R.A.(N.S.) 221. 
 
 Who may question validity of street fran- 
 chise granted by municipality. 22 
 L.R.A.(N.S.) 939. 
 
 22. Gas pipes in street. 
 
 Incorporation of territory into municipality 
 as affecting pri6r rights to lay gas 
 pipes in. 47 L.R.A.(N.S.) 608. 
 
 As a nuisance. 39 L.R.A. 680. 
 
 Gas pipe line in highway or street as an 
 additional burden. 17 L.R.A. 480; 7 
 L.R.A. (N.S.) 506. 
 
 Privilege of laying, as a contract within pro- 
 vision against impairing obligation. 50 
 L.R.A. 146; L.R.A.1918E, 908. 
 
 Permitting abutting owner to make gas c<5n- 
 nections in street. 19 L.R.A. (N.S.) 
 512. 
 
 Power of municipality, in absence of ex- 
 press legislative authority, to grant 
 franchise to use street for gas lighting. 
 22 L.R.A.(N.S.) 933, 937. 
 
 Power of municipality to fix gas rates as 
 an incident of its power to authorize 
 the laying of gas mains. 18 L.R.A. 
 (N.S.) 1197. 
 
 Injury to gas pipes by change of street 
 grade. 19 L.R.A. 510. 
 
 Right to prevent use of highways for pipe 
 line for exporting natural gas. 35 
 L.R.A.(N.S.) 1195. 
 
 Right to transfer or mortgage privilege to 
 use streets for. L.R.A.1917D, 707. 
 
 23. Water pipes. 
 
 Right to lay water pipes in. 61 L.R.A. 76. 
 
 Right to lay pipes in streets as element of 
 compensation to water company upon 
 talcing its plant. 47 L.R.A. (N.S.) 784.
 
 632 
 
 INDEX TO L.R.A. NOTES. 
 
 HIGHWAYS, IV. d, 3 cont'd 
 
 Incorporation of territory into municipality 
 as affecting prior rights to lay water 
 pipes in. 47 L.R.A.(N.S.) 608. 
 
 Water pipes in street as an additional bur- 
 den on easement. 17 L.R.A. 480. 
 
 Power of municipality in absence of ex- 
 press legislative authority to grant 
 franchise to lay water mains in street. 
 22 L.R.A.(N.S.) 933, 938. 
 
 Privilege of laying water mains in street 
 as a contract within provision against 
 impairing contract obligations. 50 
 L.R.A. 145; L.R.A.1918E, 905. 
 
 Injury to, by change of grade in highway. 
 19 L.R.A. 510. 
 
 Lien on pumping or power plant for pipes, 
 wires or tracks laid in street. 42 
 L.R.A.(N.S.) 355. 
 
 Right to transfer or mortgage privilege to 
 use streets for. L.R.A.1917D, 707. 
 
 24. Electric poles and wires; tele- 
 graphs and telephones. 
 
 Injury to trees in erecting, see infra, 42. 
 As additional burden, see EMINENT DOMAIN, 
 56. 
 
 Incorporation of territory into municipality 
 as affecting prior rights to maintain 
 poles and wires in. 47 L.R.A. (N.S.) 
 608. 
 
 Privilege of using street for, as a contract. 
 50 L.R.A. 146; L.R.A.1918E, 907. 
 
 Police regulation as to use of, by electric 
 companies. 31 L.R.A. 799. 
 
 Liability for injuries by electric wires in 
 highway. 31 L.R.A. 566. 
 
 Municipal regulation of poles and wires as 
 nuisances in street. 39 L.R.A. 619. 
 
 Injunction against poles and wires as pub- 
 lic nuisance. 44 L.R.A. 577. 
 
 Power of municipality in absence of express 
 legislative authority to grant fran- 
 chise to use street for electric lighting. 
 22 L.R.A.(N.S.) 933, 937. 
 
 Power of municipality in absence of express 
 legislative authority to grant franchise 
 to use street for telephone line. 22 
 L.R.A. (N.S.) 934, 939. 
 
 Municipal liability for injury by telegraph 
 or telephone pole in street. 20 L.R.A. 
 (N.S.) 607. 
 
 Right to transfer or mortgage privilege to 
 use street for telegraph, telephone, or 
 other quasi-public purposes. 47 L.R.A. 
 87; L.R.A.1917D, 707. 
 
 Right to require telegraph or telephone 
 wires to be placed underground. 31 
 L.R.A. 806; 14 L.R.A. (N.S.) 654. 
 
 Delay in applying for injunction against 
 maintaining telegraph or telephone line 
 in. 8 L.R.A. (N.S.) 1091. 
 
 Imposing license fee on telegraph or tele- 
 phone company for use of. 1 L.R.A. 
 (N.S.) 581. 
 
 Right to interfere with wires of public serv- 
 ice corporation in moving building 
 along street. 14 L.R.A. (N.S.) 448; 
 L.R.A.1917C, 774. 
 
 Begin tcith this book on every law question. 
 
 HIGHWAYS, IV. d, 3 cont'd 
 
 Lien on power plant for pipes, wires, or 
 tracks laid in street. 42 L.R.A. (N.S.) 
 355. 
 
 Right to place overhead wires in highway 
 without grant or permission from pub- 
 lic authority. 43 L.R.A. (N.S.) 1033. 
 
 Duty to change location of poles in street 
 or highway. L.R.A.1917D, 663. 
 
 25. Electric conduits. 
 
 Right to place electric conduits under 
 streets under general charter authority 
 to enter upon the same. 9 L.R.A. 
 (N.S.) 404. 
 
 e. Use and obstruction by railroad. 
 
 26. Generally. 
 
 Laying out highway across railroad, see 
 supra, 7. 
 
 Duty as_to repairs, see infra, 48. 
 
 Municipal liability for injury due to rail- 
 road, see infra, 63. 
 
 Liability for injury due to defects at cross- 
 ings, see infra, 88. 
 
 Railroad as additional burden, see EMINENT 
 DOMAIN, 57. 
 
 Injunction against, see INJUNCTION, 67. 
 
 Liability of right of way for local assess- 
 ments, see PUBLIC IMPROVEMENTS, 21. 
 
 As to street railways, see STREET RAILWAYS, 
 3-6. 
 
 Duty of railroad company in respect to a 
 restored or substituted highway. L.R.A. 
 1917C, 971. 
 
 Incorporation of territory into municipality 
 as affecting prior rights as to use of, 
 by railroads and street railways. 47 
 L.R.A. (N.S.) 608. 
 
 Lawfulness of the use of steam traction en- 
 gine on. 16 L.R.A. 148. 
 
 Privilege of using street for railroad as con- 
 tract within provision against impair- 
 ing obligation. 50 L.R.A. 143; L.R.A. 
 1918E, 904. 
 
 Power of municipality in absence of express 
 legislative authority to grant street 
 franchise for railroad. 22 L.R.A. (N.S.) 
 925, 927, 935. 
 
 Power of municipality to assume part or 
 all of burden of adapting street or 
 bridges for use of railroads or street 
 railways. 50 L.R.A. (N.S.) 143. 
 
 Injury to tracks by change of street grade, 
 19 L.R.A. 510. 
 
 Municipal control over public nuisances up- 
 on public streets and highways created 
 by railroads and other electrical com- 
 panies. 39 L.R.A. 609. 
 
 Effect of acquiescence or consent by a town 
 or municipality to construction or use 
 of railroad in street or highway, to 
 estop it from objecting thereto. 7 
 L.R.A. (N.S.) 1187. 
 
 Right of municipal corporation to resist by 
 force unauthorized use of street by 
 railroad company. 15 L.R.A. (N.S.) 
 1269. 
 
 Power of municipality to prevent laying an 
 additional track under a franchise orig- 
 inally granting the right to lay double 
 tracks. 36 L.R.A. (N.S.) 850.
 
 INDEX TO L.R.A. NOTES. 
 
 633 
 
 HIGHWAYS, IV. e cont'd 
 
 Power of municipality to compel removal of 
 spur track, turnout, or switch from 
 street or highway. L.R.A.191SB, 481. 
 
 Injunction against railroad in street. 23 
 L.R.A. 303. 
 
 Right to transfer or mortgage privilege to 
 use street for quasi-public purpose. 47 
 L.R.A. 87; L.R.A.1917D, 707. 
 
 Effect of city's permitting use of street by 
 railroad in such way as practically to 
 exclude public to cause a reversion of 
 the street to dedicators or abutting 
 owners. 11 L.R.A. (N.S.) 589. 
 
 Nature of railroad company's rights in pub- 
 lic streets for purpose of taxation. 66 
 L.R.A. 55. 
 
 Criminal or penal responsibility for block- 
 ing crossing. L.R.A.1915B, 329. 
 
 27. Rights and liabilities as against 
 abutting owner. 
 
 Measure of damages to abutting owner from 
 railroad in street, see DAMAGES, 90. 
 
 Right to compensation for construction of 
 railway in street, see EMINENT Do 
 MAIN, 50. 
 
 Injury to abutter's easement by railroad 
 
 in street. 14 L.R.A. 381. 
 Easements of light, air, and access by 
 grading street to cross. 14 L.R.A. 
 372. 
 
 Liability of successor of railroad company 
 for damages of abutting property from 
 construction of road in street. 16 
 L.R.A.(N.S.) 874; L.R.A.1915D, 397. 
 
 Does release of damages for construction of 
 railroad in highway include damages 
 from elevation of grade. 10 L.R.A. 
 (N.S.) 1202. 
 
 Remedy of abutting owner as affected by 
 his consent to the construction of rail- 
 road or street railway in street or 
 highway. 7 L.R.A. (N.S.) 991; 23 
 L.R.A. (N.S.) 433. 
 
 Preventive remedy of nonconsenting abut- 
 ting property owner where, use of high- 
 way for street railway is authorized by 
 public. 28 L.R.A.(N."S.) 1082. 
 
 28. Use for storing cars or making 
 up trains. 
 
 Parking cars or making up trains within 
 city limits. 29 L.R.A. (N.S.) 643. 
 
 Effect of legislative authority on liability 
 for use of street as railroad yard. 1 
 
 L.R.A.(N.S.) 78. 
 
 29. Imposing conditions generally 
 on allowing use. 
 
 Municipal power to impose conditions when 
 
 giving consent to railway in street. 
 
 36 L.R.A. 33. 
 Power to compel railroad company to light 
 
 tracks in city. 41 L.R.A. 422; 19 
 
 L.R.A. (N.S.) 658. 
 
 30. Requirements at crossings. 
 
 Rights and duties of railroad company as 
 to crossings generally, see RAILROADS, 
 31-33, 58-70. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HIGHWAYS, IV. e cont'd 
 
 Power of municipal corporation to require 
 safety gates at railroad crossing. 3 
 L.R.A.(N.S.) 141; 45 L.R.A. (N.S.) 946. 
 
 Power of municipal corporation to regulate 
 speed of, and signals from, trains at 
 highway crossings. 17 L.R.A. (N.S.) 
 561. 
 
 Power of municipal corporation to require 
 railroad company to keep highway in 
 repair at overhead or underground 
 crossing. 18 L.R.A. (N.S.) 915. 
 
 31. power of municipality to com- 
 pel change of grade of railroad in 
 street. 
 
 Requiring abolishment of grade crossings, 
 see RAILROADS, 32. 
 
 Generally. 70 L:R.A. 850. 
 
 The need of legislative authority. 70 L.R.A. 
 850. 
 
 Municipal police power over railroads in 
 public streets. 70 L.R.A. 851. 
 
 Continuity of power and obligation re- 
 specting street grades. 70 LrR.A. 852. 
 
 General limitations on municipal action. 
 70 L.R.A. 853. 
 
 Effect of provisions in the franchise grant. 
 70 L.R.A. 854. 
 
 Effect of franchises given by the state. 70 
 L.R.A. 855. 
 
 Remedies in the courts. 70 L.R.A. 855. 
 
 32. Obstruction of crossing by train. 
 
 Injury to person attempting to cross train 
 obstructing crossing, see RAILROADS, 
 62, 82. 
 
 Obstruction of street by railroad. 14 L.R.A. 
 558. 
 
 Liability of a railroad company for ob- 
 structing a highway crossing. 18 
 L.R.A. 154. 
 
 Act of third person as excuse to railroad for 
 blocking street crossing. 23 L.R.A. 
 (N.S.) 350. 
 
 I Duty and liability of railroad company 
 toward one going on its property to 
 pass around train blocking crossing. 
 5. L.R.A.(N.S.) 775. 
 
 Criminal or penal responsibility for block- 
 ing street or highway railroad cross- 
 ing. L.R.A.1915B, 329. 
 
 Obstruction of, by railroad train in viola- 
 tion of statute or ordinance as ground 
 for private action. 5 L.R.A. (N.S.) 
 244; 47 L.R.A. (N.S.) 821. 
 
 Damages recoverable for delaying person 
 by blocking railroad crossing. 44 
 L.R.A.(N.S.) 1069; L.R.A.1915E, 336. 
 
 /. Obstructions, generally; encroach- 
 ments. 
 
 33. Generally. 
 
 By railroads, see supra, IV. e. 
 
 Municipal liability for injury by, see infra, 
 65-75. 
 
 Municipal liability for permitting obstruc- 
 tions, see infra, 77. 
 
 Mandatory injunction for removal of ob- 
 structions to. 20 L.R.A. 162.
 
 634 
 
 INDEX TO L.R.A. NOTES. 
 
 HIGHWAYS, IV. f cont'd 
 
 Liability of municipal corporation for ob- 
 struction. 1 L.R.A. (N.S.) 127. 
 
 Liability of municipality for temporary 
 interference with access to property in 
 making improvements. 46 L.R.A. 
 (N.S.) 620. 
 
 Loss of profits as element of damages for 
 obstruction of highways. 52 L.R.A. 
 47; 13 L.R.A.(N.S.) 253. 
 
 Abandonment of highway by permitting ob- 
 structions in. 26 L.R.A. 465. 
 
 Cruel and unusual punishment for obstruct- 
 ing. 35 L.R.A. 573. 
 
 Obstruction of street in violation of police 
 ordinance as ground for private action. 
 5 L.R.A.(N.S.) 257. 
 
 Temporary obstruction of street as a "tak- 
 ing" or a "damaging." L.R.A.1918E, 
 993. 
 
 Duty and liability of one who maintains 
 temporary obstruction in street for pur- 
 pose of loading or unloading vehicle. 
 24 L.R.A. (N.S.) 97. 
 
 Obstruction in highway preventing access 
 to property except by circuitous route 
 as a special injury entitling owner to 
 maintain action for damages or abate 
 the nuisance. 8 L.R.A. (N.S.) 227; 21 
 L.R.A.(N.S.) 75; L.R.A.1917A, 1155. 
 
 Does the fact that one is prevented by an 
 unlawful obstruction from using a high- 
 way cause him a special damage which 
 will sustain an action by him against 
 the wrongdoer. 28 L.R.A. (N.S.) 1053; 
 L.R.A.1915D, 14i. 
 
 Employer's duty not to impede public use 
 of highway by independent contractors. 
 66 L.R.A. 148. 
 
 Obstruction or defect in highway as justi- 
 fication for entry on adjoining land 
 which would 'otherwise be a trespass, 
 20 L.R.A.(N.S.) 153. 
 
 Effect of encroachment. 26 L.R.A. 465. 
 
 34. For business and building pur- 
 poses. 
 
 Use for, see supra, 16. 
 
 In general. 14 L.R.A. 556. 
 
 Use for loading and unloading goods. 14 
 
 L.R.A, 557; 24 L.R.A. (N.S.) 97. 
 For hack stand or storing wagons. 14 
 
 L.R.A. 557. 
 For fair or market purposes. 14 L.R.A. 
 
 558. 
 Rights of railroad companies. 14 L.R.A. 
 
 558. 
 
 Convenient uses generally. 14 L.R.A. 558. 
 Private ways. 14 L.R.A. 559. 
 Burden of proof; question of law and fact. 
 
 14 L.R.A. 559. 
 
 Obstruction of sidewalks. 14 L.R.A. 559. 
 Right of abutting owner to place building 
 
 materials in street. 14 L.R.A. 560; 
 
 19 L.R.A. 643. 
 Municipal liability for injury by building 
 
 material in street. 20 L.R.A. (N.S.) 
 
 655. 
 
 Right of abutting property owner to ex- 
 tend steps into street. 24 L.R.A. (N.S.) 
 
 193. 
 
 Begin tit'f/j tJiis boolc on every law question. 
 
 HIGHWAYS, IV. f cont'd 
 35. Polling booths. 
 
 Right of municipal corporation to place 
 polling booth in street. 4 L.R.A. (N.S.) 
 571. 
 
 36. Hitching posts and stepping 
 blocks. 
 
 Hitching posts or stepping blocks in public 
 streets as unlawful obstructions. 31 
 L.R.A.(N.S.) 853. 
 
 Municipal liability for injury by hitching 
 post in street. 20 L.R.A. (N.S r ) 607. 
 
 37. Bridges. 
 
 Right of municipality without express pow- 
 er to permit construction of an over- 
 head bridge across a public street for 
 private purpose. 23 L.R.A. (N.S.) 158. 
 
 Liability of county for injury caused by 
 maintenance or construction of bridge 
 to property thereto adjoining. 21 
 L.R.A.(N.S.) 209. 
 
 38. Fences. 
 
 Injunction against maintenance of fence in. 
 7 L.R.A. (N.S.) 72. 
 
 Injunction against interference with fences 
 under claim of highway. 7 L.R.A. 
 (N.S.) 58. 
 
 39. Prescriptive right to maintain. 
 
 Prescriptive right to obstruct. 53 L.R.A. 
 897. 
 
 g. Nuisances. 
 
 40. Generally. 
 
 Power of municipality as to nuisances af- 
 fecting highways, see MUNICIPAL COR- 
 PORATIONS, 36. 
 
 Prescriptive right to maintain. 53 L.R.A. 
 897. 
 
 Injunction against use of street constituting 
 nuisance. 23 L.R.A. 303. 
 
 Injunction by municipality against nui- 
 sances. 42 L.R.A. 814. 
 
 Right to compensation for property de- 
 stroyed in abating a nuisance on high- 
 way. 19 L.R.A. 196. 
 
 Presumption as to statutory authority to 
 commit, by alterations in highway. 70 
 L.R.A. 584. 
 
 Municipal liability for nuisance caused by 
 change of highway grade. 1 L.R.A. 
 (N.S.) 129. 
 
 Obstructions preventing access to property 
 except by circuitous route, as special 
 injury entitling owner to maintain ac- 
 tion to abate the nuisance. 8 L.R.A. 
 (N.S.) 227; 21 L.R.A. (N.S.) 75; L.R.A. 
 1917A, 1155. 
 
 State as proper party to maintain bill to 
 enjoin a public nuisance in a city 
 street. 19 L.R.A. (N.S.) 1173. 
 
 Special damage from awning or structure 
 overhanging street which will sustain 
 action by private person to abate or 
 enjoy it as a nuisance. 48 L.R.A. 
 (N.S. )173. 
 
 Regulation of jitney busses as. L.R.A. 
 1915F, 840. 
 
 Power to prohibit use of automobile upon 
 public thoroughfare as. L.R.A.1915E, 
 264.
 
 INDEX TO L.R.A. NOTES. 
 
 635 
 
 HIGHWAYS, IV. g cont'd 
 
 Liability of abutting owner for nuisance 
 created by a predecessor in title upon 
 the highway or adjoining property. 7 
 B. R. C. 581. 
 
 41. AVliat arc nuisances. 
 
 Trees on, as a nuisance subject to municipal 
 
 control. 39 L.R.A. 670. 
 Auction in street. 20 L.R.A. (N.S.) 972. 
 Hitching posts or stepping blocks in public 
 
 streets as. 31 L.R.A. (N.S.) 853. 
 Parking cars or making up trains within 
 
 city limits as. 29 L.R.A. (N.S.) 643. 
 Fireworks in street as. 16 L.R.A. 395; 16 
 
 L.R.A.(N.S.) 621. 
 
 h. RigJits as to trees and material in 
 street. 
 
 42. Trees. 
 
 Ownership and control of trees in. 15 
 L.R.A. 553. 
 
 Right of abutting owner to remove trees in 
 highway. L.R.A.1917F, 389. 
 
 Right of municipal corporation to cut or 
 trim trees within limits of highway. 
 20 L.R.A.(N.S.) 809; 31 L.R.A. (N.S.) 
 951. 
 
 Authority of municipal officers to cut or 
 trim tree on private property to facili- 
 tate use of street. 20 L.R.A. (N.S.) 
 814. 
 
 Liability to abutting owner for mutilating 
 trees in highway by erecting poles or 
 stringing wires. 12 L.R.A. (N.S.) 1125; 
 
 30 L.R.A.(N.S.) 1084; 51 L.R.A.(N.S.) 
 1082. 
 
 Trees on street as a nuisance subject to 
 municipal control. 39 L.R.A. 670. 
 
 Municipal liability for injury by trees in 
 street. 20 L.R.A. (N.S.) 607, 649; 39 
 L.R.A.(N.S.) 405. 
 
 Liability of abutting owner for injuries due 
 to trees in street. L.R.A.1918F, 817. 
 
 Liability of street railway company operat- 
 ing in street for injury to employee 
 by tree maintained by third person near 
 tracks. 16 L.R.A. (N.S.) 978. 
 
 43. Vegetation. 
 
 Right to vegetation growing in highway. 
 33L.R.A.(N.S.) 1053. 
 
 44. Soil; minerals. 
 
 Right of municipality to take soil or miner- 
 al from, to injury of fee. 12 L.R.A. 
 (N.S.) 1164. 
 
 Right to inineral under the surface of street 
 or highway the fee of which is vested 
 in the public. 8 L.R.A. (N.S.) 422. 
 
 i. Rights and regulations as to vehicles. 
 
 45. Generally. 
 
 Regulations as to automobiles, see AUTOMO- 
 BILES. 
 
 As to jitney busses, see JITNEY BUSSES. 
 License for vehicles, see LICENSE, 43. 
 
 Power of municipality over interurban vehi- 
 cles used for hire. L.R.A.1918B, 891. 
 
 Validity of statutes or ordinances regulat- 
 ing horse-drawn vehicles in city streets. 
 
 31 L.R.A. (N.S.) 682. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HIGHWAYS, IV. i cont'd 
 
 Regulation of draymen. 45 L.R.A. (N.S.) 
 
 1152. 
 Validity of ordinance giving superior rights 
 
 in public streets to certain vehicles. 
 
 43 L.R.A. (N.S.) 600. 
 
 46. Regulation Of speed. 
 
 Regulation of speed of vehicles on streets. 
 36 L.R.A. 305. 
 
 V. Improvement; repairs; grading; 
 change of grade; lighting; removal 
 of snow, ice, weeds, etc. 
 
 a. In general. 
 
 47. Generally. 
 
 Widening street, see supra, 8. 
 
 Narrowing streets, see supra, 8a. 
 
 Rights as to trees in improvement of street, 
 see supra, 42. 
 
 Liability for personal injury while improv- 
 ing or repairing street or highway, see 
 infra, VI. 
 
 Improvement of highways generally, see 
 PUBLIC IMPROVEMENTS. 
 
 Contracts for improvements, see PUBLIC 
 IMPROVEMENTS, 7-9. 
 
 Assessments for improvements, see PUBLIC 
 IMPROVEMENTS, IV. 
 
 Liability for cost of sprinkling and sweep- 
 ing, see PUBLIC IMPROVEMENTS, 15. 
 
 Improvement of highway as an "internal 
 improvement" within the meaning of 
 a constitutional prohibition against the 
 state engaging in or aiding internal im- 
 provements. L.R.A.1917C, 1038. 
 
 Duty of municipality as to drainage of sur- 
 face waters on highways. 65 L.R.A. 
 259. 
 
 Presumption as to statutory authority to 
 commit nuisance by alterations in high- 
 way. 70 L.R.A. 584. 
 
 Prescriptive rights to maintain sidewalks. 
 53 L.R.A. 903. 
 
 Exercise of police power for esthetic pur- 
 poses. 34 L.R.A.(N.S.) 998; L.R.A. 
 1917A, 1220. 
 
 Persons undertaking work on highway as 
 independent contractors. 17 L.R.A. 
 (N.S.) 374. 
 
 Compulsory use of private property in road 
 work. 42 L.R.A.(N.S.) 1045; L.R.A. 
 1918D, 974. 
 
 Liability of municipality for temporarily 
 interfering with access to property in 
 making improvements. 46 L.R.A. 
 (N.S.) 620. 
 
 Duty to set apart portion of street or high- 
 way for a sidewalk. L.R.A.1910B, 1051. 
 
 Right of owner to material employed in an 
 improvement made by him in the street 
 which the municipality has refused to 
 accept. L.R.A.1915B, 187. 
 
 47a. Liability for Injuries to prop- 
 erty in making. 
 
 Municipal liability for injury to property 
 rights through defective plan of 
 streets construction. 67 L.R.A. 
 257.
 
 636 
 
 INDEX TO L.R.A. NOTES. 
 
 HIGHWAYS, V. a cont'd 
 
 Municipal liability for injury to lateral sup- 
 port in making improvement. 12 
 L.R.A.(N.S.) 696. 
 
 48. Duty of railroad company as to 
 repairs. 
 
 Liability of railroad r.ight of way for im- 
 provements, see PUBLIC IMPROVEMENTS, 
 21. 
 
 Power of municipal corporation to require 
 railroad company to keep highway in 
 repair at overhead or underground 
 crossing. 18 L.R.A. (N.S.) 915. 
 
 Duty of railroad company in respect to a 
 restored or substituted highway. L.R.A. 
 1917C, 971. 
 
 49. Lateral support. 
 
 Rights and duty as to, see LATERAL SUP- 
 PORT, 4. 
 
 b. Grading street. 
 
 50. Generally. 
 
 Grading street formerly used as a country 
 highway as initial establishment of 
 grade within rule as to municipal lia- 
 bility for changing grade. 51 L.R.A. 
 (N.S.) 363. 
 
 Liability of municipal corporation for dam- 
 ming back surface water by grading of 
 streets. 65 L.R.A. 250; 29 L.R.A. 
 (N.S.) 126. 
 
 Municipal liability for damming up water 
 course in grading street. 59 L.R.A. 
 854. 
 
 51. Liability to abutting owner. 
 
 Municipal liability for injury to abutting 
 property from bringing street to grade 
 first established. 23 L.R.A. 658; 7 
 L.R.A.(N.S.) 108; 36 L.R.A. (N.S.) 
 1201; L.R.A.1915A, 383. 
 
 c. Change of grade. 
 
 52. Generally. 
 
 As affecting railway tracks, gas and water 
 
 pipes, etc. 19 L.R.A. 510. 
 Cost of, to avoid railroad crossing at grade. 
 
 26 L.R.A. 92. 
 Duty of railroad to conform crossing to 
 
 change of grade of street. L.R.A.1915B, 
 
 766. 
 Power of municipality to compel change of 
 
 grade of railway in street. 70 L.R.A. 
 
 850. 
 Duty of municipality to care for surface 
 
 water on raising grade. 65 L.R.A. 253. 
 Liability of municipal corporation for 
 
 nuisance caused by change of highway 
 
 grade. 1 L.R.A.(N.S.) 129. 
 
 53. Liability to abutting owner. 
 
 Grading street formerly used as a country 
 highway as initial establishment of 
 grade within rule as to municipal lia- 
 bility for changing grade. 51 L.R.A 
 (N.S.) 363. 
 
 Right of abutting owner to damages for. 
 3 L.R.A. 247;* 14 L.R.A. 371. 
 
 , HIGHWAYS, V. c cont'd 
 Injury to abutter's easements of light, air, 
 and access by changing grade. 14 
 L.R.A. 370, 383. 
 
 Right of abutting owner to damages for 
 special injuries from changing street 
 grade where street railway is not con- 
 sidered an additional burden. 25 
 L.R.A.(N.S.) 3266. 
 
 Liability of a municipal corporation for 
 injury to abutting property from 
 changing the grade of a street un- 
 der a constitutional provision 
 against "damaging" private prop- 
 erty for public use without com- 
 pensation. 36 L.R.A. (N.S.) 1194; 
 L.R.A.1915A, 382. 
 
 Right of abutting owner to damages where 
 railroad changes grade of street. 36 
 L.R.A. (N.S.) 796. 
 
 Liability of railrqad company to abutting 
 owner for damages from change of 
 grade of, necessary to carrv it across 
 tracks. 26 L.R.A. (N.S.) 226; L.R.A 
 1916D, 1078. 
 Right to interest on damages from change 
 
 of grade. 28 L.R.A. (N.S.) 66. 
 Duty of property owner to minimize dam- 
 ages from change of grade. 44 L.R.A. 
 (N.S.) 301. 
 
 Right of tenant for years to recover from a 
 municipality for change of grade in 
 street. 48 L.R.A. (N.S.) 899. 
 Measure of damages to leasehold from 
 change of grade. L.R.A.1917C, 428. 
 
 d. Lighting of streets and bridges. 
 
 54. Generally. 
 
 As warning in case of obstruction or exca- 
 va^ion in street or highway, see infra, 
 73. 
 
 Street lighting as a local improvement as- 
 sessable against property benefited. 
 L.R.A.1917A, 1098. 
 
 Power of board to make contract for street 
 lighting extending beyond its own term. 
 29 L.R.A. (N.S.) 653. 
 
 Duty of municipality to light streets. 13 
 L.R,A.(N.S.) 1166; 20 L.R.A. (N.S.) 
 686; L.R.A.1915A, 325. 
 
 Duty to light highway bridge. 28 L.R.A. 
 (N.S.) 946. 
 
 55. By railroad company. 
 
 Duty of railroad to light space below ele- 
 vated tracks. 36 L.R.A. (N.S.) 1081. 
 
 Power to compel railroad companies to light 
 their tracks in cities. 41 L.R.A. 422; 
 
 19 L.R.A. (N.S.) 658. 
 
 Begin with this foooTc on every law question. 
 
 e. Removal of snoiv, ice, weeds, etc. 
 
 56. Generally. 
 
 Liability for injury due to, see infra, 71, 
 84, 86, 91. 
 
 Right to compel abutting owner or occu- 
 pant to remove ice and snow from side- 
 walks. 24 L.R.A. 413; 51 L.R.A. (N.S.) 
 274; L.R.A.1918D, 1019.
 
 INDEX TO L.R.A. NOTES. 
 
 637 
 
 HIGHWAYS, V. e cont'd 
 
 Duty to remove snow or ice from cross 
 walks. 39 L.R.A. (N.S.) 1167. 
 
 Right to impose on abutting owner the 
 duty or expense of removing weeds, 
 in the street or highway. 51 
 L.R.A.(N.S.) 274. 
 
 VI. Liability for injuries to travelers, 
 a. In general. 
 
 56a. Generally. 
 
 Liability for injury by animals on, see 
 ANIMALS, 10. 
 
 Duty and liability of person operating auto- 
 mobile in street, see AUTOMOBILES, 2. 
 
 Liability for injury by electric wire, see 
 ELECTRICITY, III. a. 
 
 Presumption and burden of proof as to neg- 
 ligence towards person injured on, see 
 EVIDENCE, 76. 
 
 Evidence as to negligence, see EVIDENCE, 
 267. 
 
 Liability for explosion in street, see EXPLO- 
 SIONS AND EXPLOSIVES, 4. 
 
 Liability for frightening horse, see HORSES, 
 7-14. 
 
 Attractive nuisance in highway, see NEGLI- 
 GENCE, 23, 23a. 
 
 Personal injuries on highways not due to 
 defects or obstructions therein, see NEG- 
 LIGENCE, 24-27. 
 
 Proximate cause of injury on highway, see 
 PROXIMATE CAUSE, 13. 
 
 Injury at railroad crossing, see RAILROADS, 
 58-70. 
 
 Injury on street car tracks, see STREET 
 RAILWAYS, IV. 
 
 Question for jury as to, see TRIAL, 42. 
 
 Liability for turning steam or other danger- 
 ous vapors or gases into sewer. 15 
 L.R.A.(N.S.) 957. 
 
 Doctrine of attractive nuisances as applied 
 to attractions in highway. 19 L.R.A. 
 (N.S.) 1154. 
 
 Violation of police ordinance as to excava- 
 tion in or near street as ground for 
 private action. 5 L.R.A. (N.S.) 259. 
 
 For injury caused by placing or exploding 
 bombs, etc., in highways. 3 L.R.A. (N. 
 S.) 759. 
 
 56b. Injury o.n private road. 
 
 Injuries due to other causes than defects in, 
 see NEGLIGENCE, 28. 
 
 Liability for condition of, or injuries on, 
 private roads. 15 L.R.A. 459. 
 
 b. Liability of municipality. 
 1. In general. 
 
 57. Generally. 
 
 Liability to abutting owner for injury to 
 property, see supra, 49, 51, 53. 
 
 Duty as to lighting streets, see supra, 54. 
 
 Liability of county, see infra, 78. 
 
 Liability of township, see infra, 79. 
 
 Joint liability of municipality and others, 
 see infra, 94. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HIGHWAYS, VI. b, 1 cont'd 
 Recovery over by municipality against per- 
 son primarily liable, see infra, 95. 
 Contributory negligence and its effect, see 
 
 infra, 96-101. 
 Notice of defect as condition of liability, 
 
 see infra, 103. 
 Notice of injury as condition of, see infra, 
 
 106, 107. 
 Duty and liability toward person operating 
 
 automobile in street, see AUTOMOBILES, 
 
 4. 
 Liability for injury by contact with electric 
 
 wire, see ELECTRICITY, 17. 
 Municipal liability as to streets, generally, 
 
 see MUNICIPAL CORPORATIONS, 95. 
 Proximate cause of injury on highway, see 
 
 PROXIMATE CAUSE, 13. 
 
 Duty of municipality to guard drainage 
 ditch along sidewalk. 27 L.R.A. (N.S.) 
 1169. 
 
 Duty of municipality as to condition of 
 rural highway within city or village 
 limits. 29 L.R.A. (N.S.) 823; 38 L.R.A. 
 (N.S.) 1127. 
 
 Duty of municipality as to condition of 
 sidewalk which extends across true 
 street line. 52 L.R.A. (N.S.) 773. 
 
 Liability for loss of life or property at ford. 
 46 L.R.A. (N.S.) 229. 
 
 Constitutionality of legislation relieving 
 municipalities from liability for defects 
 in streets or sidewalks. 42 L.R.A. (N. 
 S.) 493. 
 
 Effect on liability for injury on defective 
 highways of division of territory of 
 municipality, town, or county. 39 
 L.R.A.(N.S.) 285. 
 
 Sufficiency of general allegations of negli- 
 gence as to. 59 L.R.A. 248. 
 
 Presumption of negligence from occurrence 
 of accident to person in highway. 15 
 L.R.A. 33. 
 
 Evidence as to conditions before and after 
 accident. 32 L.R.A. (N.S.) 1084. 
 
 Admissibility of evidence of prior accidents 
 in. 32 L.R.A.(N.S.) 1104. 
 
 Right to interest on amount allowed as dam- 
 ages. 28 L.R.A.(N.S.) 73. 
 
 58. Effect of previous fright of horse. 
 
 Liability for objects calculated to frighten 
 horses, see infra, 67. 
 
 Proximate cause of injury on defective high- 
 way through fright of horse, see PROXI- 
 MATE CAUSE, 20. 
 
 Effect upon right of recovery, of fact that 
 horse was frightened when accident 
 occurred on defective highway. 18 
 L.R.A. 100; 8 L.R.A. (N.S.) 77; 
 20 L.R.A.(N.S.) 742; 29 L.R.A. 
 (N.S.) 199; L.R.A.1915D, 243. 
 Absence of guard rail as proximate cause 
 of accident occasioned by frightened 
 horse. 18 L.R.A. (N.S.) 1139. 
 
 2. Who entitled to protection. 
 
 59. Generally. 
 
 Care due to sick, infirm, disabled and other- 
 wise helpless persons on. 69 L.R.A. 
 513.
 
 638 
 
 INDEX TO L.R.A. NOTES. 
 
 HIGHWAYS, VI. b, 2 cont'd 
 
 Duty toward blind persons or persons with 
 defective eyesight as to condition of 
 streets. L.R.A.1917C, 126. 
 
 Duty to have highway safe for automo- 
 biles. 14 L.R.A.(N.S.) 816. 
 
 Duty to make streets and highways safe 
 for bicycles. 23 L.R.A.(N.S.) 543; 47 
 L.R.A. 298. 
 
 Duty as to condition of highway to persons 
 entering or leaving private prop- 
 erty. 37 L.R.A.(N.S.) 357. 
 
 Right of person using street for play to re- 
 cover for injury by defect or obstruc- 
 tion therein. 20 L.R.A.(N.S.) 753. 
 
 59a. Children. 
 
 Rights of children to protection against 
 dangerous condition of highway. 
 22 L.R.A. 561. 
 
 Duty toward children as to obstructions or | 
 defects in street. 6 L.R.A. (N.S.) 905; ' 
 20 L.R.A. (N.S.) 753; 34 L.R.A. (N.S.) 
 118; L.R.A.1916B, 947. 
 
 3. For acts and omissions of others. 
 
 60. Employees and independent con- 
 tractors. 
 
 HIGHWAYS, VI. b, 3 cont'd 
 
 Liability for injury by stairways and other 
 
 projections. 20 L.R.A. (N.S.) G22, 635. 
 Municipal liability for injuries to travelers 
 
 by cellarway in streets. 61 L.R.A. 583; 
 
 20 L.R.A.(N.S.) 622; 43 L.R.A. (N.S.) 
 
 1116. 
 
 63. Railroad company. 
 
 Municipal liability for defects or obstruc- 
 tions in street by act of railroad oc- 
 cupying street. 20 L.R.A. (N.S.) 553. 
 
 Municipal liability for injury by railways 
 in streets. 20 L.R.A.(N.S.) 624. 
 
 64. Street railway. 
 
 Municipal liability for injury by use of 
 highway by street railway. 19 L.R.A. 
 (N.S.) 521. 
 
 4. Defects and obstructions. 
 
 65. Generally. 
 
 As to obstructions generally, see supra, 
 
 33-39. 
 Towards whom duty to keep streets free 
 
 from is due, see supra, 59, 60. 
 Liability for permitting obstruction by 
 
 others, see infra, 77. 
 Liability of township for defects, see infra, 
 
 Liability of municipality for condition of I o 79 
 
 highway due to acts of independent con- Effect o f 'contributory negligence on liabili- 
 
 tractor. 66 L.R.A. 126. 
 
 Liability for defect or obstruction in street 
 caused by servants. 20 L.R.A. (N.S.) 
 544. 
 
 For injuries inflicted by negligence of em- 
 ployees engaged in repair or construc- 
 tion of highways. 6 L.R.A. (N.S.) 
 1090; 30 L.R.A. (N.S.) 1161. 
 
 For fire set by sparks from steam roller en- 
 gaged in repairing a street. 6 L.R.A. 
 (N.S.) 1094; 20 L.R.A.(N.S.) 654. 
 
 61. Abutting owner. 
 
 Liability for injury by falling objects, see 
 infra, 68. 
 
 Municipal liability for obstruction or de- 
 fect in street by abutting owner. 20 
 L.R.A.(N.S.) 553. 
 
 Duty of municipality to guard building ma- 
 terial in street. 3 L.R.A. (N.S.) 386. 
 
 Municipal liability for injury by excava- 
 tions by abutting owner. 20 L.R.A. 
 (N.S.) 606. 
 
 For injury from opening maintained in side- 
 walk by abutting owner. 7 L.R.A. 
 (N.S.) 424; 43 L.R.A. (N.S.) 1116. 
 
 Liability for uses permitted to abutting 
 owners. 19 L.R.A. (N.S.) 509; 49 
 L.R.A.(N.S.) 844. 
 
 Municipal liability for injuries by use of 
 space under street. 61 L.R.A. 583. 
 
 Liability of municipality for injuries from 
 material placed in the street by 
 individuals. 46 L.R.A. (N.S.) 330. 
 
 62. cellarways, stairways, etc. 
 
 Liability for permitting abutting owner to 
 use areaways, hatchways, coalholes, etc. 
 
 ty. see infra. 100, 101. 
 
 Notice of, see infra, 102-105. 
 
 Liability for defects after closing, see in- 
 fra, 113. 
 
 Liability for injury by defects in bridge, 
 see BRIDGES, 5, 6. 
 
 Liability for injury due to oiling street. 
 
 L.R.A.1917F, 712. 
 Res ipsa loquitur in action for injury by 
 
 obstruction. 43 L.R.A. (N.S.) 594. 
 Liability for injury due to latent defects. 2 
 
 L.R.A.(N.S.) 159. 
 
 Liability of county for injury to travelers 
 and vehicles by defective roads. 39 
 L.R.A. 53. 
 Different general rules as to liability. 20 
 
 L.R.A.(N.S.) 516. 
 
 Power to perform duty as affecting lia- 
 bility. 20 L.R.A. (N.S.) 529. 
 Application of rule as to nonliability for 
 governmental and discretionary 
 acts. 20 L.R.A. (N.S.) 532. 
 Delegation of duty. 20 L.R.A. (N.S.) 538. 
 Cause of obstruction or defect as affecting 
 
 liability. 20 L.R.A. (N.S.) 542. 
 Ways as to which the duty exists. 20 
 L.R.A. (N.S.) 553; L.R.A. 
 1915E, 597. 
 
 Park paths, bicycle paths, etc. 20 
 L.R.A.(N.S.) 574; see also 23 
 L.R.A.(N.S.) 543. 
 The degree of diligence or care as affecting 
 
 liability. 20 L.R.A. (N.S.) 577. 
 The degree of perfection required. 20 
 
 L.R.A. (N.S.) 583. 
 
 Precautions against injury. 20 L.R.A. 
 (N.S.) 671. 
 
 19 L.R.A.(N.S.) 516. 
 Begin with this Look on every law question. 
 
 Injury as result of obstruction or defect. 20 
 
 L.R.A.(N.S.) 732.
 
 INDEX TO L.R.A. NOTES. 
 
 639 
 
 HIGHWAYS, VI. b, 4 cont'd 
 
 Right to redress of the person injured. 20 
 L.R.A. (N.S.) 74G. 
 
 Effect of concurrent liability of third per- 
 son. 20 L.R.A. (N.S.) 760. 
 
 Damages. 20 L.R.A. (N.S.) 763. 
 
 Liability for injury by defect or obstruc- 
 tion in space between sidewalk and 
 carriage way. 40 L.R.A. (N.S.) 94; 
 L.R.A.1918D, 814. 
 
 Liability of county, town, or municipality 
 for obstruction or defect outside of 
 traveled portion of highway. 40 L.R.A. 
 (N.S.) 182. 
 
 Sufficiency of allegation of facts in regard 
 to defect in street or highway, in action 
 against municipal corporation for in- 
 juries received therefrom. 21 L.R.A. 
 (N.S.) 42. 
 
 66. Defective plan of street construc- 
 tion as distinguished from other de- 
 fects. 
 
 In general. 67 L.R.A. 253; 37 L.R.A. 
 
 (N.S.) 1150. 
 Plan must be formally adopted. 67 L.R.A. 
 
 256. 
 
 Injury to travelers. 67 L.R.A. 265. 
 Negligence with respect to slope or grade 
 
 of sidewalk. 51 L.R.A.(N.S.) 214. 
 Narrowness of highway as a defect. L.R.A. 
 
 1918D, 1180. 
 
 67. Objects calculated to frighten 
 horses. 
 
 Effect of previous fright of horse on lia- 
 bility for injury due to defects, see 
 supra, 58. 
 
 Liability for injury by frightening horses 
 generally, see HORSES, II. 
 
 In general. 20 L.R.A.(N.S.) 652. 
 
 Steam rollers, etc. 20 L.R.A. (N.S.) 654. 
 
 Building material and other objects. 20 
 
 L.R.A.(N.S.) 655. 
 For placing near- highway object calculated 
 
 to frighten horse. 12 L.R.A. (N.S.) 
 
 1152. 
 
 Liability of municipality for injuries caused 
 
 by horse becoming frightened at 
 
 object in highway. 15 L.R.A. 365. 
 
 Liability of county for injury caused by 
 
 fright of horse. 39 L.R.A. 56. 
 
 68. Overhanging and falling ob- 
 jects. 
 
 Right to maintain, see supra, 19a. 
 Liability of abutting owner, see infra, 83. 
 
 Res ipsa loquitur in action for injury by. 
 43 L.R.A. (N.S.) 594. 
 
 Liability for injury by overhanging and 
 falling objects. 12 L.R.A.(N.S.) 
 721; 20 L.R.A.(N.S.) 644; 24 
 L.R.A. (N.S.) 139. 
 
 Signs, billboards, etc. 19 L.R.A. 
 (N.S.) 517; 20 L.R.A. (N.S.) 646; 
 51 L.R.A. (N.S.) 1077. 
 
 Liability of municipality for personal in- 
 juries by trees. 39 L.R.A.(N.S.) 
 405. 
 
 ConsrtU also L.R.A. Digests of Cases. 
 
 HIGHWAYS, VI. b, 4 confd 
 Contributory negligence of one struck by 
 
 object overhanging highway. L.R.A. 
 
 19 18 A, 204. 
 
 69. Use of space under street. 
 
 Liability of abutting owner, see infra, 82. 
 
 In general. 61 L.R.A. 583. 
 
 Liability for defective condition. 61 L.R.A. 
 
 583; 43 L.R.A. (N.S.) 1116. 
 Liability for negligent use. 61 L.R.A. 587. 
 Necessity of notice. 61 L.R.A. 589. 
 Questions for jury. 61 L.R.A. 589. 
 Action over, against person primarily liable. 
 
 61 L.R.A. 591. 
 
 70. Excavations; holes and openings. 
 
 In sidewalk, see infra, 75. 
 Liability of abutting owner for excavations 
 near highway, see infra, 81. 
 
 Liability of municipality permitting ex- 
 cavations to be made in street. 49 
 L.R.A. (N.S.) 844. 
 
 Municipal liability for injury by excava- 
 tions by abutting owner. 20 L.R.A. 
 (N.S.) 606. 
 
 Excavations outside right of way. 20 L.R.A. 
 (N.S.) 595. 
 
 Holes and openings generally. 20 L.R.A. 
 (N.S.) 629; 43 L.R.A. (N.S.) 1116. 
 
 Hole as defect in highway for which town- 
 ship is liable. 13 L.R.A. (N.S.) 1246. 
 
 71. Ice and snow on streets and 
 sidewalks. 
 
 Liability of abutting owners or occupants, 
 
 see' infra, 84. 
 
 Liability of landlord, see infra, 86. 
 Liability of street railway company, see 
 
 infra, 91. 
 
 Generally. 21 L.R.A. 263. 
 
 Effect of ordinance. 21 L.R.A. 264. 
 
 Negligence. 21 L.R.A. 265; 20 L.R.A. 
 (N.S.) 656. 
 
 Liability for permitting water to accumu- 
 late and freeze on sidewalk to the 
 injury of travelers. 58 L.R.A. 
 321; 20 L.R.A.(N.S.) 656. 
 
 Liability for injuries from smooth, level ice 
 or snow accumulating from natural 
 causes on a sidewalk not otherwise de- 
 fective. 7 L.R.A. (N.S.) 933. 
 
 Liability of municipal corporation for in- 
 juries from rough or uneven ice or 
 snow accumulated from natural causes 
 on a street or sidewalk not otherwise 
 defective. 13 L.R.A. (N.S.) 1105; 45 
 L.R.A.(N.S.) 75. 
 
 Liability of municipality for injuries caused 
 by freezing of water accumulated on 
 walk by reason of artificial conditions. 
 20 L.R.A.(N.S.) 201. 
 
 Ice and snow as defects for which township 
 is liable. 13 L.R.A. (N.S.) 1246. 
 
 72. Various particular defects and 
 obstructions. 
 
 Applicability of maxim Res ipsa loquitur 
 to caving in or sinkinsr of surface of 
 street. 23 L.R.A (N.S.) 1022; 43 
 L.R.A.(N.S.) 592.
 
 40 
 
 INDEX TO L.R.A. NOTES. 
 
 HIGHWAYS, VI. b, 4 cont'd 
 
 Posts, stumps, trees, etc. 20 L.R.A. (N.S.) 
 
 607, 649; 39 L.R.A. (N.S.) 405. 
 Rubbish, refuse, etc. 20 L.R.A.(N.S.) 610. 
 Storage of vehicles, lumber, etc. 20 L.R.A. 
 
 (N.S.) 612. 
 
 -Machines, tools, etc. 20 L.R.A.(N.S.) 613. 
 -Markets and other business or individual 
 
 enterprise. 20 L.R.A. (N.S.) 614. 
 Stones and similar articles. 20 L.R.A. 
 
 (N.S.) 615. 
 Unevenness, inequalities, etc. 20 L.R.A. 
 
 (N.S.) 618. 
 Permitting ruts to remain in highways. 9 
 
 L.R.A.(N.S.) 1266. 
 
 Slopes or grades. 20 L.R.A. (N.S.) 619. 
 Obstructions in connection with its water- 
 works system. 25 L.R.A. (N.S.) 242; 
 
 52 L.R.A.(N.S.) 467. 
 Hydrants and other appliances pertaining to 
 
 municipal water works. 20 L.R.A. 
 
 (N.S.) 620. 
 
 Embankments. 20 L.R.A. (N.S.) 626. 
 Gutters and drains. 20 L.R.A.(N.S.) 627; 
 
 L.R.A.1916F, 708. 
 
 Decay and wear. 20 L.R.A.(N.S.) 642. 
 Liability for injury by obstruction placed 
 
 in street or highway to stop travel. 
 L.R.A. (N.S.) 480. 
 
 42 
 
 of 
 
 73. Absence or insufficiency 
 guards, lights and barriers. 
 
 Sufficiency of barrier or railing maintained 
 in highway. L.R.A.1917D, 756. 
 
 Municipal liability for improper or insuffi- 
 cient barriers, lights, etc., at excava- 
 tion in street. 20 L.R.A. (N.S.) 604, 
 671. 
 
 Absence of guards as defects for which 
 township is liable. 13 L.R.A. (N.S.) 
 1247. 
 
 Duty to provide barriers against abandoned 
 highway. 37 L.R.A.(N.S.) 1158. 
 
 What injuries may be deemed to be proxi- 
 mately caused by the absence of a 
 guard rail. 18 L.R.A. (N.S.) 1135. 
 
 Duty of county or town to maintain barriers 
 along rural highways or bridges. 42 
 L.R.A.(NxS.) 267; L.R.A.1916F, 973. 
 
 Duty to provide barriers to protect travel- 
 ers from obstructions outside the high- 
 way. 20 L.R.A.(N.S.) 980; L.R.A. 
 1916F, 1218. 
 
 Liability for injury by giving way of bar- 
 rier in highway when one sat or leaned 
 upon it. L.R.A.1916C, 382. 
 
 74. Defects in and obstructions on 
 sidewalk. 
 
 Ice and snow on sidewalks, see supra, 71. 
 
 Res ipsa loquitur in action for injury by. 
 43 L.R.A. (N.S.) 592. 
 
 Defects and obstructions in sidewalks and 
 crossings. 20 L.R.A. (N.S.) 632. 
 
 Degree of perfection required in sidewalk. 
 20 L.R.A.(N.S.) 591. 
 
 Municipal liability for injury due to per- 
 mitting abutting owners to construct 
 sidewalk. 19 L.R.A. (N.S.) 515. 
 
 Begin with this boofc on every law question. 
 
 HIGHWAYS, VI. b, 4 cont'd 
 
 Liability of municipality for injuries from 
 
 unevenness in sidewalk or cross walk. 
 
 20 L.R.A. (N.S.) 640; 29 L.R.A.(N.S.) 
 
 180; 43 L.R.A.(N.S.) 1158; L.R.A. 
 
 1916A, 486. 
 
 75. breaks, excavations, and open- 
 ings. 
 
 Liability of landlord, see infra, SGa. 
 
 Res ipsa loquitur in action for injury by. 
 43 L.R.A. (N.S.) 593. 
 
 Municipal liability for injury by breaks, ex- 
 cavations, or openings maintained in 
 sidewalk by abutting owner or occu- 
 pant. 61 L.R.A. 583; 7 L.R.A. (N.S.) 
 424; 20 L.R.A. (N.S.) 632; 43 L.R.A. 
 (N.S.) 1116. 
 
 75a. Criminal responsibility. 
 
 Criminal responsibility of municipality for 
 nuisance resulting from nonrepair of. 
 39 L.R.A.(N.S.) 414. 
 
 5. For permitting or failure to prevent 
 improper use. 
 
 76. Generally. 
 
 Liability for failure to prevent improper 
 conduct in or use of streets. 23 
 L.R.A. (N.S.) 636; 42 L.R.A. (N.S.) 
 862. 
 
 Liability for failure to prevent use of fire- 
 works in street. 23 L.R.A. (N.S.) 643. 
 For personal injury on account of exhibi- 
 tion permitted in public street. 9 
 L.R.A. (N.S.) 146; L.R.A.1915F, 568. 
 Liability of municipality which permits or 
 fails to prevent riding bicycles on side- 
 walk for injury caused thcrebv. 10 
 L.R.A.(N.S.) 785. 
 
 77. for permitting obstruction. 
 
 Liability of municipal corporation for per- 
 mitting obstruction to be placed in 
 street. 19 L.R.A. (N.S.) 507; 49 L.R.A. 
 (N.S.) 844. 
 
 c. Liability of county. 
 
 78. Generally. 
 
 Liability of counties for torts and negli- 
 gence as to. 39 L.R.A. 53. 
 
 Liability of county for injury to travelers 
 and vehicles by defective roads and 
 highways. 39 L.R.A. 53. 
 
 Duty of county or town to maintain bar- 
 riers along rural highways or bridges. 
 42 L.R.A.(N.S.) 267; L.R.A.1915F, 973. 
 
 Effect on liability for injury on defective 
 highway of division of territory of 
 county. 39 L.R.A.(N.S.) 285. 
 
 Liability for obstruction or defect outside 
 of traveled portion of highway. 40 
 L.R.A.(N.S.) 182. 
 
 Constitutionality of legislation relieving 
 counties from liability for defects in 
 highway. 42 L.R.A. (N.S.) 493.
 
 INDEX TO L.R.A. NOTES. 
 
 G41 
 
 HIGHWAYS, VI. cont'd 
 
 d. Liabil'ty of toivnship. 
 
 79. Generally. 
 
 Effect of contributory negligence, see infra, 
 101. 
 
 Liability of township for defects in high- 
 
 ' ways. 13 L.R.A. (N.S.) 3219. 
 Duty to provide barriers to protect traveler 
 
 'from danger outside of highway. 
 
 20 L.R.A.'(N.S.) 980; L.R.A.1916F, 
 
 1218. 
 Duty of town to maintain barriers along 
 
 rural highways or bridges. 4? L.R.A. 
 
 (N.S.) 267; L.R.A.1915F, 973. 
 Effect of liability for injury on defective 
 
 highway of division of territory of 
 
 town. "39 L.R.A.(N.S.) 285. 
 Liability for obstruction or defect outside 
 
 of traveled portion of highway. 40 
 
 L.R.A.(N.S.) 382. 
 Liability of township for injury to employee 
 
 engaged in repairing highway. 41 
 
 L.i;.A.(N.S.) 1074. 
 Constitutionality of legislation relieving 
 
 towns from liability for defects in high- 
 way. 42 L.R.A.(N.S.) 493. 
 
 e. Liability of abutting owners or occu- 
 pants. 
 
 80. Generally. 
 
 Joint liability with and liability over to 
 municipality, see infra, 94, 95. 
 
 Liability as to condition of fences along 
 highway, sec FENCES, 4. 
 
 Liability of abutting owner for nuisance 
 created by a predecessor in title upon 
 the highway or adjoining property. 7 
 B. R. C. 581. 
 
 Imposition on abutting owner of liability 
 for injury by defects or obstruction in 
 streets. 20 *L.R.A.(N.S.) 540. 
 
 Effort of imposition of duty to keep side- 
 walk in repair upon abutting owner to 
 impose upon him liability for injuries. 
 3 L.I?. A. (N.S.) 84. 
 
 For failure to guard coal hole or other 
 opening in sidewalk for commercial 
 purposes, while in use by a third per- 
 son. 11 L.R.A.(N.S.) 993. 
 
 Liability for injury to pedestrian by refuse 
 on sidewalk. 29 L.R.A. (N.S.) 707. 
 
 Liability for injuries due to trees in street. 
 L.R.A.1918F, 817. 
 
 Violation of ordinance requiring covering 
 of sidewalks fronting buildings under 
 construction as ground for private 
 action. 5 L.R.A. (N.S.) 258. 
 
 Liability for frightening horses by paper 
 or other objects likely to be set in mo- 
 tion by wind. L.R.A.1915D, 017. 
 
 * 
 
 81. Excavations and other defects 
 near highway. 
 
 Municipal liability for excavations on high- 
 way, see supra, 70. 
 Liability of landlord, see infra, 86a. 
 Consult also L.R.A. Digests of Cases. 
 
 HIGHWAYS, VI. e cont'd 
 
 Duty to trespasser with respect to excava- 
 tions maintained on uninclosed land 
 near. 5 L.R.A. (N.S.) 733. 
 
 Liability for dangerous condition of private 
 grounds lying open beside highway. 26 
 L.R.A. 686; L.R.A.1918A, 849. 
 
 Duty as to entrance to building located on 
 street with ascending grade. 22 L.R.A. 
 (N.S.) 730. 
 
 82. Excavations under highway. 
 
 Municipal liability, see supra, 69. 
 
 Right to make. 14 L.R.A. 398. 
 Liability as affected by consent of munici- 
 pality. 14 L.R.A. 398. 
 Duties of one maintaining. 14 L.R.A. 398. 
 
 83. Injury by falling objects. , 
 
 Liability of municipality, see supra, 68. 
 
 Res ipsa loquitur in action for injury by. 
 
 43 L.R.A. (N.S.) 594. 
 For injury from falling of object suspended 
 
 over street. 12 L.R.A.(N.S.) 721; 24 
 
 L.R.A.(N.S.) 139. 
 Liability for injury to person in street from 
 
 fall of wall or building. 34 L.R.A. 559. 
 Violating ordinance as to awnings or signs 
 
 as ground for private action. 5 L.R.A. 
 
 (N'.S.) 261. 
 
 84. As to snow or ice. 
 
 Liability of municipality, see supra, 71. 
 Liability of landlord, see infra, 8fi. 
 Liability of street railway company, see in- 
 fra, 91. 
 
 Liability for permitting water to accumu- 
 late and freeze on sidewalk to in- 
 jury of travelers. 58 L.R.A. 328. 
 
 Liability of abutting property owner for 
 injury caused by ice formed from water 
 artificially turned across sidewalk. 9 
 L.R.A.(N.S.) 598; 28 L.R.A. (N.S.) 200: 
 51 L.R.A. (N.S.) 309. 
 
 Liability of owner or occupant of abutting 
 premises to one injured- by reason of 
 the former's failure to remove snow or 
 ice from the sidewalk as required by a 
 valid statute or ordinance. 5 L.R.A. 
 (N.S.) 262; 6 L.R.A.(N.S.) 616. 
 
 /. Liability of landlord. 
 
 85. Generally. 
 
 Liability of landlord for condition of side- 
 walk. 23 L.R.A. 157; 26 L.R.A. 198. 
 
 Liability for condition of awnings. 26 
 LJI.A. 200. 
 
 Liability of landlord to third persons for 
 obstructions on sidewalk. 50 L.R.A. 
 (N.S.) 303. 
 
 Liability of landlord to third persons for 
 injuries by things falling because of 
 condition of leased premises. 50 L.R.A. 
 (N.S.) 312. 
 
 86. Snow and ice. 
 
 Liability of municipality, see supra, 71. 
 Liability of abutting owner, generally, see 
 
 supra, 84. 
 41
 
 642 
 
 INDEX TO L.R.A. NOTES. 
 
 HIGHWAYS, VI. f cont'd 
 
 Liability of landlord as to third persons on 
 
 account of. 26 L.R.A. 201; 50 L.R.A. 
 
 (N.S.) 300. 
 
 8Ga. Coal holes, areaways, or other 
 excavations under or near high- 
 way. 
 
 Liability of municipality, see supra, 69, 
 75. 
 
 Where injury is due to tenant's negligent 
 
 use. 50 L.R.A. (N.S.) 306. 
 Where defect existed at time of demise. 
 
 50 L.R.A.(N.S.) 307. 
 Purchaser of property with existing de- 
 
 fect. 50 L.R.A.(N.S.) 308. 
 Covenant of tenant to repair. 50 L.R.A. 
 
 (N.S.) 308. 
 Assumption by landlord of duty to repair. 
 
 50 L.R.A.(N.S.) 309. 
 Part of premises in control of landlord. 50 
 
 L.R.A.(N.S.) 309. 
 Nuisance per se. 50 L.R.A.(N.S.) 310. 
 
 g. 
 
 of Jiighway officers. 
 
 87. Generally. 
 
 Capacity in which liable. 22 L.R.A. 824; 52 
 
 L.R.A.(N.S.) 143. 
 Foundation of liability. 22 L.R.A. 825; 
 
 52 L.R.A.(N.S.) 144 
 Principles exempting from liability. 22 
 
 L.R.A. 826; 52 L.R.A. (N.S.)' 145; 
 
 L.R.A.1916B, 1186 
 Principles sustaining liability. 22 L.R.A. 
 
 830; 52 L.R.A. (N.S.) 146. 
 Necessity of notice. 22 L.R.A. 829; 52 
 
 L.R.A.(N.S.) 146. 
 For acts of predecessors or successors. 22 
 
 L.R.A. 833; 52 L.R.A. (N.S.) 151. 
 For acts of employees. 22 L.R.A. 833; 52 
 
 L.R.A.(N.S.) 151. 
 Adjoining towns. 22 L.R.A. 834. 
 Canals. 22 L.R.A. 834; L.R.A.1936B, 1188. 
 Criminal liability. 22 L.R.A. 835. 
 Personal liability of highway officers for 
 
 acts in excess of their authority. 13 
 
 L.R.A.(N.S.) 233. 
 
 h. Liability of railroads. 
 
 g 88. Generally. 
 
 Use and obstruction of highway by rail- 
 roads generally, see supra, 26-32. 
 
 Duty as to lighting streets, see supra, 55. 
 
 Liability for injury by frightening horse, 
 soe HORSES, 10. 
 
 Liability for injury by train operated longi- 
 tudinally in street, see RAILROADS, 
 52a. 
 
 Liability for injury by train at railroad 
 crossing, see RAILROADS, 58-70. 
 
 Liability for injury by train at defective 
 crossing, see RAILROADS, 60. 
 
 Imposition on railway in street of liability 
 
 for injury by defects or obstructions. 
 
 20 L.R.A. (N.S.) 539. 
 Liability for injury to person on highway 
 
 by objects falling from train. 31 L.R.A. 
 
 (N.S.) 981. 
 Begin with this book on every law question. 
 
 HIGHWAYS, VI. h cont'd 
 
 Defects in roadbed of company operating 
 train or cars longitudinally along pub- 
 lic street. 49 L.R.A. (N.S.) 678. 
 
 Contributory negligence in attempting to 
 use railroad crossing known to be in 
 a dangerous or defective condition. 
 L.R.A.1915C, 813. 
 
 Contributory negligence of one who strikes 
 railroad bridge extending over highway. 
 L.R.A.1918A, 204. 
 
 i. Liability of street railways. 
 
 89. Generally. 
 
 Liability for injury by frightening horse, 
 
 see HORSES, 11. 
 Liability for injury by street car, see 
 
 STREET RAILWAYS, 10-23. 
 
 Res ipsa loquitur in action for injury. 43 
 L.R.A. (N.S.) 599. 
 
 Liability for injury to person other than 
 passenger or employee by derailment of 
 street car. 23 L.R.A. (N.S.) 751. 
 
 90. For defects in track or street. 
 
 In general. 52 L.R.A. 448; 15 L.R.A. (N.S.) 
 
 840. 
 Grounds of company's liability. 52 L.R.A 
 
 448. 
 
 Defects in track; defects in street caused 
 by company. 52 L.R.A. 449; 15 
 L.R.A.(N.S.) 841. 
 Defects in street not caused by the company. 
 
 52 L.R.A. 457; 15 L.R.A.(N.S.) 842. 
 Remedy. 52 L.R.A. 459. 
 Effect of municipal direction or sanction. 
 
 52 L.R.A. 460; 15 L.R.A.(N.S.) 845. 
 Shifting liability; effect of negligence of 
 
 municipality, independent contractors, 
 
 or of other company. 52 L.R.A. 461 ; 
 
 15 L.R.A. (N.S.) 845. 
 Notice of injury. 52 L.R.A. 463. 
 
 91. Ice and snow. 
 
 liability of municipality, see supra, 71. 
 Liability of abutting owner, see supra, 84. 
 Liability of landlord, see supra, 86. 
 
 Street railwav companies' duty as to re- 
 moval of." 53 L.R.A. 453. 
 
 Negligence in removal of, from street rail- 
 way track, 52 L.R.A. 453. 
 
 Liability of street railroad company for 
 negligence in removal of snow from 
 track. 15 L.R.A.(N.S.) 844. 
 
 j. Liability of contractors. 
 
 92. Generally. 
 
 Violation of ordinance requiring covering of 
 sidewalks fronting buildings under con- 
 struction as ground for private action. 
 5 L.R.A. (N.S.) 258. 
 
 Liability of highway contractor for danger- 
 ous conditions where municipality, 
 county, or town is not liable. 27 
 L.R.A. (N.S.) 1009; L.R.A.1916A, 1006. 
 
 Does bond of highway contractor cover per- 
 sonal injuries to members of public- 
 34 L.R.A. (N.S.) 152.
 
 INDEX TO L.R.A. NOTES. 
 
 643 
 
 HIGHWAYS, VI. j cont'd 
 
 Will breach of contract with municipality 
 to keep a street or highway in repair 
 sustain an action by a person injured 
 directly against the contractor. 39 
 I.R.A.(N.S.) 1112. 
 
 Liability for injury due to oiling street. 
 L.R.A.1917F, 712. 
 
 fc. Liability for acts of independent con- 
 tractors. 
 
 93. Generally. 
 
 Duties imposed on grantees of special privi- 
 leges in respect to highway as to acts 
 of independent contractor. 66 L.R.A. 
 134. 
 
 Employer's nonliability for acts of independ- 
 ent contractor in work on. 65 L.R.A. 
 644, 650. 
 
 Employer's liability for acts of independent 
 contractor in construction or repair of 
 highway. 65 L.R.A. 845. 
 
 Employer's liability for acts of independent 
 contractor in work which is dangerous 
 to persons using highway. 65 L.R.A. 
 842. 
 
 Liability for act of independent contractor 
 affecting safety of highway. 17 L.R.A. 
 (N.S.) 758. 
 
 I. Joint liability of municipality and 
 others; liability over. 
 
 94. Generally. 
 
 Right of one injured on highway to proceed 
 in first instance against one ultimately 
 liable. 16 L.R.A. 554. 
 
 Joinder of municipality and person respon- 
 sible for dangerous condition, in 
 action for injuries on street or 
 highway. 37 L.R.A.(N.S.) 569. 
 Right of one constructively liable for in- 
 jury on, to contribution or indemnity 
 from one actually responsible therefor. 
 40 L.R.A. (N.S.) 1149. 
 
 95. Recovery over by municipality. 
 
 Right of municipality held liable for in- 
 jury on highway to recover indemnity 
 er contribution from one responsible 
 therefor. 61 L.R.A. 591; 40 L.R.A, 
 (N.S.) 1165; L.R.A.1916F, 86. 
 
 m. Contributory negligence. 
 
 8 96. Generally. 
 
 Contributory negligence on bridges, see 
 BRIDGES, 7. 
 
 With respect to electric wires, see ELECTRIC- 
 ITY, 18. 
 
 Of person injured otherwise than by de- 
 fects, see NEGLIGENCE, 38-40. 
 
 Question for jury as to, see TRIAL, 48. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HIGHWAYS, VI. m cont'd 
 
 Contributory negligence of children. L.R.A. 
 
 1917F, 95. 
 
 Of child injured on defective railroad 
 crossing. L.R.A.1917F, 153. 
 
 Of one who strikes bridge or other object 
 extending over highway. L.R.A.1918A, 
 204. 
 
 Of person injured by dangerous condition 
 of private grounds lying open beside a 
 highway or frequented path. L.R.A. 
 1918A, 861. 
 
 Intoxication amounting to contributory neg- 
 ligence. 40 L.R.A. 138; 47 L.R.A. 
 (N.S.) 737; L.R.A.1916F, 102. 
 
 Liability for injury to drunken person bv 
 defect in street. 2 L.R.A.(N.S.) 481. 
 
 Doctrine of contributory negligence as ap- 
 plied to one who attempts to cross, 
 after dark, a defective or obstructed 
 street. 16 L.R.A. (N.S.) 459. 
 
 Negligence in falling on uneven sidewalk. 
 17 L.R.A.(N.S.) 195. 
 
 In case of injury by ice on streets or side- 
 walks. 21 L.R.A. 276. 
 
 Injury to one while coasting in street. 42 
 L.R.A.(N.S.) 865; L.R.A.1918F, 782. 
 
 Driving blind horse as contributory negli- 
 gence. 48 L.R.A. (N.S.) 141. 
 
 Nonobservance of public regulations by one 
 using highway as affecting recovery 
 of damages caused by obstruction or 
 defect therein. 42 L.R.A. (N.S.) 1035. 
 
 Violation of statute or ordinance by plain- 
 tiff as precluding recovery for negli- 
 gence in action by driver or owner of 
 automobile. L.R.A.1915E, 960. 
 
 Presumption as to exercise of clue care by 
 person found killed on highway. 36 
 L.R.A. 261. 
 
 97. Deviating from usual thorough- 
 fare. 
 
 Deviation from sidewalk or cross walk by 
 pedestrian. 17 L.R.A. 124; 11 L.R.A. 
 (N.S.) 1114. 
 
 Deviation from roadway. 17 L.R.A. 125. 
 
 Other instances. 17 L.R.A. 126. 
 
 98. Person of poor sight. 
 
 Care required from one of defective sight, 
 in using streets. 14 L.R.A. (N.S.) 648; 
 39 L.R.A.(N.S.) 1055. 
 
 As affecting municipal liability. 21 L.R.A. 
 (N.S.) 638; 48 L.R.A.(N.S.) 634. 
 
 99. Effect of previous knowledge of 
 defect. 
 
 Contributory negligence in attempting to 
 use railroad crossing known to be 
 in a dangerous or defective condi- 
 tion. L.R.A.1915C, 813. 
 
 100. Effect on municipal liability for 
 defects and obstructions. 
 
 General rules as to effect of contributory 
 negligence on liability. 21 L.R.A. 
 (N.S.) 615; 48 L.R.A. (N.S.) 628. 
 
 The degree of care required. 21 L.R.A. 
 (N.S.) 618; 48 L.R.A.(N.S.) 628.
 
 644 
 
 INDEX TO L.R.A. NOTES. 
 
 HIGHWAYS, VI. m cont'd 
 
 Observation and avoidance of obstruction 
 or defect. 21 L.R.A.(N.S.) 630; 48 
 L.R.A. (N.S.) 632. 
 
 Knowledge of obstruction or defect as af- 
 . fecting liability. 21 L.R.A. (N.S.) 638; 
 48 L.R.A.(N.S.) 634. 
 
 Excuses for failure to observe and avoid de- 
 fect or obstruction. 21 L.R.A. (N.S.) 
 648; 48 L.R.A. (N.S.) 637. 
 
 Travel in the night. 21 L.R.A. (N.S.) 655; 
 48 L.R.A.(N.S.) 637. 
 
 Choice of ways. 21 L.R.A. (N.S.) 659; 48 
 L.R.A. (N.S.) 638. 
 
 Leaving traveled track. 21 L.R.A.(N.S.) 
 665; 48 L.R.A. (N.S.) 639. 
 
 Violation of law as contributory negligence. 
 21 L.R.A.(N.S.) 667; 48 L.R.A.(N.S.) 
 639. 
 
 Negligence of third person contributing. 
 21 L.R.A.(N.S.) 670. 
 
 Proof and determination. 21 L.R.A. 
 (N.S.) 673; 48 L.R.A.(N.S.) 639. 
 
 Contributory negligence of person injured 
 by materials placed in street by indi- 
 viduals. 46 L.R.A.(N.S.) 333. 
 
 101. Effect on liability of township 
 for defects. 
 
 Burden of proof. 13 L.R.A. (N.S.) 1260. 
 Question for the jury. 13 L.R.A. (N.S.) 
 
 1261. 
 Knowledge that the road is dangerous. 13 
 
 L.R.A.(N.S.) 1262. 
 Venturesome or careless driving. 13 L.R.A. 
 
 (N.S.) 1265. 
 Mode of driving; kind of load. 13 L.R.A. 
 
 (N.S.) 1266. 
 
 Intoxication. ]3 L.R.A. (N.S.) 1267. 
 Wrong side of road. 13 L.R.A. (N.S.) 1267. 
 Defective horse, wagon or harness. 13 
 
 L.R.A.(N.S.) 1267. 
 
 n, Notice. 
 1. Of defects. 
 
 102. Generally. 
 
 To person injured, see supra, 99. 
 
 Knowledge or notice by municipality of ob- 
 struction in highway. 19 L.R.A. (N.S.) 
 523; 20 L.R.A. (N.S.) 689. 
 
 Notice of accumulation of ice on streets or 
 sidewalk's. 21 L.R.A. 267. 
 
 Question for jury. 20 L.R.A. (N.S.) 730. 
 
 103. Necessity of. 
 
 Necessity of, to liability. 
 
 20 L.R.A.(N.S.) 
 
 Actual knowledge or notice. 20 L.R.A. 
 (N.S.) 694. 
 
 Constructive or implied notice. 20 L.R.A. 
 (N.S.) 705. 
 
 Necessity of notice to municipality of dan- 
 gerous condition of space under street. 
 61 L.R.A. 589. 
 
 Knowledge by town of defect in highway as 
 essential to liability. 13 L.R.A. (N.S.) 
 1225. 
 
 Begin with this booJc on every law question. 
 
 HIGHWAYS, VI. n, 1 cont'd 
 
 Validity of requirement of written notice of 
 defect to render municipal corpora- 
 tion liable for injuries caused by de- 
 fective highway. 11 L.R.A. (N.S.) 391. 
 
 Applicability in case of injury to munici- 
 pal employee, of rule requiring notice 
 of defect as condition of municipal 
 liability for personal injury on street 
 or highway. 28 L.R.A. (N.S.) 533. 
 
 Necessity of written notice as to defect as 
 condition of municipal liability for in- 
 juries due to positive act of its officers 
 or servants. 23 L.R.A. (N.S.) 282. 
 
 Necessity of showing that municipality had 
 notice of dangerous conditions to ren- 
 der it liable for independent contract- 
 or's negligence. 66 L.R.A. 133. 
 
 Necessity of notice of condition to make 
 municipality liable for injuries from 
 materials placed in street by indi- 
 viduals. 46 L.R.A.(N.S.) 330. 
 
 As essential to liability of street railroad 
 company for defect in track or street. 
 15 L.R.A. (N.S.) 843. 
 
 104. Constructive or implied notice. 
 
 In general. 20 L.R.A. (N.S.) 705. 
 
 Duration of existence of obstruction as af- 
 fecting. 20 L.R.A. (N.S.) 708. 
 
 Cause naturallv calculated to produce ob- 
 struction. * 20 L.R.A.(N.S.) 714. 
 
 General defectiveness or obstruction is af- 
 fecting particular defect. 20 L.R.A. 
 (N.8.) 717. 
 
 Other accidents. 20 L.R.A. (N.S.) 721. 
 
 Place, circumstances, etc. 20 L.R.A. (N.S.) 
 721. 
 
 Removal of safeguard by unlocked for event. 
 20 L.R.A. (N.S.) 723. 
 
 The duty to inspect. 20 L.R.A. (N.S.) 725. 
 
 Time to' remove. 20 L.R.A. (N.S.) 728. 
 
 Officer or agent whose knowledge or notice 
 of defect or obstruction in street is 
 binding on municipality. L.R.A. 1918B, 
 649. 
 
 Length of time sufficient to charge city 
 with notice of materials placed in 
 street by individuals. 46 L.R.A. 
 (N.S.) 332. 
 
 105. Sufficiency of notice. 
 
 Necessity of actual notice. 20 L.R.A. (N.S.) 
 694. 
 
 2. Of injuries. 
 
 106. Generally. 
 
 Notice of injury as condition of municipal 
 liability, generally, see MUNICIPAL COR- 
 PORATIONS, 104-107. 
 
 What included in statute or ordinance re- 
 quiring notice or presentation as a con- 
 dition of municipal liability. 50 L.R.A. 
 (N.S.) 182. 
 
 Notice of claim and cause of injury from 
 defects or obstructions in street. 20 
 L.R.A. (N.S.) 757.
 
 INDEX TO L.R.A. NOTES. 
 
 645 
 
 HIGHWAYS, VI. n, 2 cont'd 
 
 Notice of claim for injury as essential to 
 liability of town for injury by defects 
 in highway. 13 L.R.A.(N.S.) 1228. 
 
 Validity of requirement of notice of injury 
 as condition of municipal liability. 36 
 L.R.A.(N.S.) 1136. 
 
 May injured person's residence be required 
 to be stated in notice of accident or 
 injury as condition of municipal lia- 
 bility. 20 L.R.A.(N.S.) 738; 35 L.R.A. 
 (N.8.) 840. 
 
 Applicability of rule requiring notice of in- 
 jury as condition of municipal lia- 
 bility for personal injury on street or 
 highway in case of injury to munici- 
 pal employee. 28 L.R.A.(N.S.) 533. 
 
 107. Sufficiency of notice. 
 
 Tn case of claim against municipality gen- 
 erally, see MUNICIPAL CORPORATIONS, 
 105. 
 
 Sufficiency of description of injury in no- 
 tice. 20 L.R.A.(N.S.) 804. 
 
 F//, Municipal liability for injury to 
 property through defects in street. 
 
 108. Generally. 
 
 Liability for injury in improving street, 
 
 see supra, 47a. 
 Liability for injury due to fixing grade, 
 
 see supra, 50, 51. 
 Liability for injury by change of grade, 
 
 see supra, 52, 53. 
 
 Measure of damages recoverable from mu- 
 nicipal corporation for overflow from 
 defective street. 29 L.R.A.(N.S.) 860. 
 
 Liability of municipal corporation for dam- 
 age to abutting property by water per- 
 colating through soil of highway by 
 reason of defect therein. 22 L.R.A. 
 (N.S.) 333. 
 
 VIII. Discontinuance; vacation; aban- 
 donment; reversion. 
 
 109. Generally. 
 
 By acts of public authorities. 26 L.R.A. 
 821. 
 
 Municipal declaration of forfeiture of street 
 franchise or privilege for breach of 
 conditions as a judicial determination. 
 4 L.R.A. (N.S.) 321. 
 
 Rights acquired as against public by ad- 
 verse possession of highway. 18 L.R.A. 
 146. 
 
 110. By nonuser or otherwise than 
 by acts of public authorities. 
 
 Abandonment in general. 26 L;R.A. 449. 
 Presumption of abandonment. 26 L.R.A. 
 
 450. 
 Title acquired by prescription. 26 L.R.A. 
 
 451. 
 
 Equitable estoppel. 26 L.R.A. 461. 
 Effect of nonuser of road. 26 L.R.A. 462. 
 Effect of nonuser of part. 26 L.R.A. 465. 
 Effect of encroachments, obstructions, etc. 
 
 26 L.R.A. 465. 
 
 New road in place of old. 26 L.R.A. 468. 
 Consult also L.R.A. Digests of Cases. 
 
 HIGHWAYS, VIII. cont'd 
 
 Laches of corporation officials. 26 L.R.A. 
 
 469. 
 Effect of nonuser of. 18 L.R.A. 540. 
 
 111. Rights of abutting owner gen- 
 erally. 
 
 Injury to abutting owner by vacation of. 
 26 L.R.A. 662; 39 L.R.A. 68. 
 
 Injuries to abutters' easements of light, 
 air, and access by vacating street. 14 
 L.R.A. 370. 
 
 The question of damages and compensation 
 on abandonment. 26 L.R.A. 662. 
 
 Damages as personal property on abandon- 
 ment. 26 L.R.A. 665. 
 
 Right of abutting owner to compensatioA 
 for vacation of highway. 36 L.R.A. 
 (N.S.) 1115. 
 
 Right of abutting owner to compensation 
 where street is vacated and used for 
 railroad purposes. 36 L.R.A. (N.S.) 
 790. 
 
 Power of municipality as against abutting 
 owner to vacate street or portion there- 
 of and devote land to private purposes. 
 22 L.R.A. (N.S.) 530. 
 
 Vacation of platted street or highway as 
 affecting private easements of abutting 
 owners. L.R.A.1917A, 1123. 
 
 Right of property owner whose means of 
 access from one direction is shut off 
 or interfered with by closing of ad- 
 joining street, or portion of street on 
 which he is situated. 2 L.R.A. (N.S.) 
 269; 30 L.R.A. (N.S.) 637; 52 L.R.A. 
 (N.S.) 889. 
 
 112. Title to land; reversion. 
 
 Question of reversion of title on abandon- 
 ment of highway. 26 L.R.A. 659. 
 
 Effect of city's permitting use of a street 
 by a railroad in such a way as prac- 
 tically to exclude the public, to cause 
 a reversion of the street to dedicators 
 or abutting owners. 11 L.R.A. (N.S.) 
 589. 
 
 Conveyance of parcel abutting on abandoned 
 street as carrying .grantor's title to 
 fee of former street. 32 L.R.A. (N.S.) 
 778. 
 
 113. Liability for defects after clos- 
 ing. 
 
 Municipal liability for defects or obstruc- 
 tions in street after closing. 20 L.R.A. 
 (N.S.) 575. 
 
 Duty to provide barriers against aban- 
 doned highway. 37 L.R.A. (N.S.) 1158. 
 
 IX. Highway officers. 
 
 114. Generally. 
 
 Liability for injury to traveler, see supra, 
 87. 
 
 Nature of their office. 22 L.R.A. 824; 52 
 L.R.A. (N.S.) 143. 
 
 Binding effect on municipality of knowl- 
 edge or notice of street commissioner 
 of defect or obstruction in street. 
 L.R.A k 1918B, 650.
 
 646 
 
 INDEX TO L.R.A. NOTES. 
 
 HIGHWAYS, IX. cont'd 
 
 Power to employ attorney. L.R.A.1917D, 
 247. 
 
 Power of road commissioners to vacate high- 
 way. 26 L.R.A. 824. 
 
 Duties 'required of them. 22 L.R.A. 824; 
 52 L.R.A.(N.S.) 143. 
 
 Ministerial duties. 22 L.R.A. 825; 52 L.R.A. 
 (N.S.) 144; L.R.A.1916B, 1186. 
 
 Principles sustaining liability. 22 L.R.A. 
 830. 
 
 State decisions. 22 L.R.A. 831. 
 
 Liability for damming flow of stream. 59 
 L.R.A. 857. 
 
 HILLSIDE. 
 
 Permitting articles to roll down hillside or 
 
 decline. L.R.A.1915B, 426. 
 Duty of master to protect servant from 
 
 material rolling down hillside. 46 
 
 L.R.A.(N.S.) 629. 
 
 HIRED VEHICLE. 
 
 Who is responsible for acts of driver of. 
 13 L.R.A.(N.S-) ]]22; 25 L.R.A. (N.S.) 
 33; 38 L.R.A.(N.S.) 973; 44 L.R.A. 
 (N.S.) 113; 51 L.R.A.(N.S.) 1164; 
 L.R.A.1918E, 121. 
 
 HIRE PURCHASE AGREEMENTS. 
 
 Rights of seller of fixtures, retaining title 
 thereto or a lien thereon, as against 
 purchasers or encumbrancers of the 
 realty. 1 B. R. C. 664. 
 
 HIRER. 
 
 See BAILMENT. 
 
 HIRING. 
 
 Of horse, see LIVERY STABLE, 3. 
 
 HITCHING POSTS. 
 
 In highway, see HIGHWAYS, 36. 
 
 HOBBIES. 
 
 HOGS. 
 
 Carriers' duty to shower during shipment. 
 16 L.R.A.(N.S.) 883. 
 
 HOISTING APPARATUS. 
 
 Nondelegability of duty to protect servant 
 from defects in. 54 L.R.A. 72, 80. 
 
 Delegability of master's duty to warn serv- 
 ants as to dangers attending. 26 L.R.A. 
 (N,S.) 642. 
 
 Master's liability for vice principal's neg- 
 ligence in operating. 54 L.R.A. 130. 
 
 HOISTWAYS. 
 
 Validity of regulations concerning. 42 
 
 L.R.A. (N.S.) 899. 
 Private action for violation of statutory 
 
 provision as to. 9 L.R.A.(N.S.) 380; 
 
 L.R.A.1915E, 541. 
 Duty of storekeeper towards customer as to 
 
 condition of. 21 L.R.A.(N.S.) 458; 
 
 L.R.A. 1915F, 572. 
 
 HOLDING CORPORATION. 
 
 Right of holding corporation to maintain 
 action against its own director for an 
 injury to the subsidiary corporation. 
 L.R.A.1915F, 617. 
 
 HOLDING OVER. 
 
 By tenant, see LANDLORD AND TENANT, 26. 
 By officer, see OFFICERS, 18. 
 
 HOLES. 
 
 As defects in street or sidewalk, see HIGH- 
 WAYS, 70, 75, 81. 
 
 As affecting testamentary capacity. 27 
 
 L.R.A.(N.S.) 56; L.R.A.1915A, 458. 
 Begin with this book on every law question. 
 
 HOLIDAYS. 
 
 Validity of contract made on, see CON- 
 TRACTS, 71. 
 
 Service of pleading on, see PLEADING, 9. 
 
 Rule as to, in computing time, see TIME, 
 18, 19. 
 
 Falling on Sunday, see SUNDAY, 2. 
 
 See also SUNDAY. 
 
 Right of school teacher to salary on. 50 
 
 L.R.A. 374; 38 L.R.A. (N.S.) 514. 
 Validity of court business transacted on 
 
 legal holiday. 10 L.R.A. (N.S.) 791. 
 How far the law of holidays extends to mat- 
 ters other than those relating to 
 negotiable paper. 19 L.R.A. 316.
 
 INDEX TO L.R.A. NOTES. 
 
 HOLOGRAPHIC WILL. 
 
 See WILLS, 59. 
 
 HOME. 
 
 What constitutes residence of inmate of 
 charitable or public home entitling 
 him to privilege of public schools. 36 
 L.R.A.(N.S.) 344; 51 L.R.A. (N.S.) 234. 
 
 HOME ECONOMICS. 
 
 Power to prescribe teaching of, in pub- 
 lic schools. 47 L.R.A.(N.S.) 202. 
 
 HOME OFFICE. 
 
 Designation of, by corporation, as fixing 
 situs for purpose of taxation. L.R.A. 
 1917A, 469. 
 
 HOME PORT. 
 
 70 
 
 Maritime lien for supplies furnished in. 
 
 L.R.A. 407. 
 What ports are, for purposes of maritime 
 
 lien. 70 L.R.A. 412. 
 Of vessel for purpose of taxation. 2 L.R.A. 
 
 (N.S.) 197, 1196; 37 L.R.A.(N.S.) 520. 
 
 HOMESTEAD. 
 
 I. In general, 1. 
 II. The exemption generally, 2-7. 
 
 III. Loss; abandonment, S. 
 
 IV. Conveyance of, or contract relating 
 
 to, mortgage or other encum- 
 brance on; partition, 9-16. 
 V. Transmission in case of death, 
 
 17-20. 
 
 VI. Revaluation or reassignment of, 
 21. 
 
 I. In general. 
 
 1. Generally. 
 
 Effect of divorce on homestead rights, see 
 DIVOBCE AND SEPARATION, 51. 
 
 On public land, see PUBLIC LANDS, 16, 
 17. 
 
 Husband's insurable interest in hom'estead. 
 
 66 L.R.A. 660; 45 L.R.A. (N.S.) 1131. 
 Notice of title to homestead lands from 
 
 possession by husband and wiie. 13 
 
 L.R.A. (N.S.) 129. 
 Succession tax on statutory homestead. 29 
 
 L.R.A.(N.S.) 428; L.R.A.1916C, 675. 
 Liability of homestead to assessment or lien 
 
 for local improvement. L.R.A.1915E, 
 
 662. 
 Consult also L.R.A. Digests of Cases. 
 
 HOMESTEAD cont'd 
 
 II. The exemption generally. 
 
 2. Generally. 
 
 Effect of divorce on homestead rights, see 
 DIVORCE AND SEPARATION, 51. 
 
 Self-executing constitutional provisions as 
 to exemption. 16 L.R.A. 284. 
 
 When homestead deemed "otherwise dis- 
 posed of according to law" within stat- 
 ute providing for its continuance until 
 that time. 30 L.R.A. (N.S.) 921. 
 
 Application to existing judgments of stat- 
 ute abolishing homestead exemption. 
 25 L.R.A. (N.S.) 189. 
 
 Right of husband, as against creditors, to 
 claim homestead as exempt where title 
 is vested in wife. 33 L.R.A. (N.S.) 
 170. 
 
 General direction in will to pay debts as 
 charging homestead. 44 L.R.A. (N.S. ) 
 1177. 
 
 Enforcement of claim for alimony against 
 homestead. 50 L.R.A. (N.S.) 699. 
 
 Effect of nonresidence of family whose head 
 is a resident. 52 L.R.A. (N.S.) 746. 
 
 Transfer of homestead exemption from one 
 building or tract of land to another. 
 50 L.R.A. (N.S.) 1128. 
 
 Liability of homestead in hands of devisee 
 for the debts of the deviser. L.R.A. 
 19J.8D, 1002. 
 
 Homestead as subject of mechanics' lien. 
 L.R.A.1918D, 1055. 
 
 Right to mechanics' lien as affected by the 
 acquisition of a homestead right after 
 the making of the contract or com- 
 mencement of the work. L.R.A.1918B, 
 818. 
 
 3. Existence and head of family. 
 
 Wife as head of family within homestead 
 statute. 51 L.R.A. (N.S.) 1121. 
 
 Is continuance of family a condition of the 
 continuance of homestead, where its 
 existence is a condition of the incep- 
 tion of the homestead. 16 L.R.A. ( N.S. ) 
 111. 
 
 4. what constitutes a family. 
 
 "Family" defined. 4 L.R.A. (N.S.) 366; 
 
 L.R.A.1917C, 361. 
 Different aggregations of people. 4 L.R.A. 
 
 (N.S.) 367; L.R.A.1917C, 363. 
 Rights acquired by survivorship. 4 L.R.A. 
 
 (N.S.) 390; L.R.A.1917C, 370. 
 Divorce. 4 L.R.A.(N.S.) 396; L.R.A.1917C, 
 
 371. 
 
 5. In what property. 
 
 In proceeds of sale, see infra, 14. 
 
 In land held under estate by entireties. 
 
 30 L.R.A. 313. 
 
 In partnership land. 28 L.R.A. 105. 
 Right to claim homestead in property used 
 
 as a hotel or boarding house. 41 L.R.A. 
 
 (N.S.) 303.
 
 648 
 
 INDEX TO L.R.A. NOTES. 
 
 HOMESTEAD, II. cont'd 
 
 6. in crops grown on homestead. 
 
 Crops grown on homestead, or proceeds 
 thereof, as exempt. 32 L.R.A. 
 (N.S.) 577. 
 
 7. Exemption from liability for torts. 
 
 Generally. 24 L.R.A. 789; 16 L.R.A. (N.S.) 
 
 947. 
 
 Fine or costs. 24 L.R.A. 790. 
 "Official bonds." 24 L.R.A. 790. 
 
 III. Loss; abandonment. 
 
 8. Generally. 
 
 By incompetent person, see INCOMPETENT 
 PERSONS, 14. 
 
 Abandonment of homestead by parent, ef- 
 fect on rights of children. 56 L.R.A. 
 80. 
 
 Right to testify as to intent with reference 
 to residence, occupation or use of home- 
 stead. 23 L.R.A. (N.S.) 397. 
 
 Husband's power without wife's consent to 
 abandon homestead or convey premises 
 by his sole deed after abandonment. 
 37 L.R.A.(N.S.) 807. 
 
 Abandonment during insanity of one spouse. 
 13 L.R.A. (N.S.) 430. 
 
 Effect of insanity and imprisonment as 
 abandonment of. 3 L.R.A. (N.S.) 515. 
 
 Effect of remarriage upon widow's existing 
 homestead rights. L.R.A.1916A, 
 1000. 
 
 Effect of abandonment on right to parti- 
 tion homestead. 4 L.R.A.(N.S.) 
 793, 797. 
 
 IT. Conveyance of, or contract relating 
 to, mortgage or other encum- 
 brance on; partition. 
 
 9. Generally. 
 
 Effect of mistake of law as to contract 
 with reference to homestead as ground 
 of reformation. 28 L.R.A. (N.S.) 872. 
 
 Conveyance, or encumbrance of homestead 
 during insanity of one of the spouses. 
 13 L.R.A.(N.S.) 430. 
 
 Does homestead exemption attach to sur- 
 plus on foreclosure of lien paramount 
 to homestead right. 18 L.R.A. (N.S ) 
 491. 
 
 Injunction against sale of, under execution. 
 30 L.R.A. 100. 
 
 Effect of conveyance of homestead on right 
 to partition same. 4 L.R.A. (N.S.) 797, 
 799. 
 
 Purchase of homestead bv widow under fore- 
 closure of lien. L.R.A.1917F, 433. 
 
 10. By husband alone. 
 
 Conveyance of homestead by husband after 
 abandonment by wife. 8 L.R.A. (N.S.) 
 565; L.R.A.1915D, 551. 
 
 Husband's power without wife's consent to 
 convey premises by his sole deed after 
 abandonment. 37 " L.R.A. (N.S.) 807. 
 
 Power of husband to create easements in 
 homestead without wife's consent. 27 
 L.R.A. (N.S.) 963. 
 
 Begin with this book on every law question. 
 
 HOMESTEAD, IV. cont'd 
 
 Power of legislature to take away hus- 
 band's right to convey or encumber 
 homestead property. 36 L.R.A. (N.S.) 
 1029. 
 
 11. By wife. 
 
 Validity of conveyance or encumbrance of 
 homestead by wife after abandonment 
 by husband. 36 L.R.A. (N.S.) 1024. 
 
 Effect of a wife's separate deed of home- 
 stead in connection with a conveyance 
 or encumbrance by husband, or her 
 subsequent joinder therein. 8 L.R.A. 
 (N.S.) 748. 
 
 12. By surviving spouse. 
 
 Widow's right to convey, lease, or encum- 
 ber homestead during minority of chil- 
 dren. 10 L.R.A. (N.S.) 787. 
 
 Effect of alienation or encumbrance of 
 homestead by surviving spouse on 
 rights of children. 56 L.R.A. 71. 
 
 13. Conveyance by husband to wife. 
 
 Effect of conveyance by husband to wife. 
 69 L.R.A. 379. 
 
 Constructive trust in deed of, by husband 
 to wife, with proviso attempting to 
 derogate from her right of survivor- 
 ship. 1 L.R.A.(N.S.) 312. 
 
 14. Exemption of proceeds on sale. 
 
 Exemption of proceeds of homestead sold 
 for reinvestment. 19 L.R.A. 36. 
 
 Exemption of property obtained in ex- 
 change for homestead. 19 L.R.A. 38. 
 
 Exemption of proceeds of sale of homestead. 
 19 L.R.A. 39. 
 
 Does homestead exemption attach to the 
 surplus upon foreclosure of a lien para- 
 mount to the homestead right. 1 8 
 L.R.A.(N.S.) 491. 
 
 15. Liens as affecting. 
 
 Homestead as subject of mechanics' lien. 
 L.R.A.1918D, 1055. 
 
 Right to mechanics' lien as affected by the 
 acquisition of a homestead right after 
 the making of* the contract or com- 
 mencement of the work. L.R.A.1918B, 
 818. 
 
 Enforcement of mechanics' lien against 
 building only erected upon homestead 
 lands. 62 L.R.A. 375. 
 
 Money decree for permanent alimony or 
 separate maintenance as lien on. 25 
 L.R.A. (N.S.) 137; L.R.A.1916B, 652. 
 
 Mortgage to secure money advanced to pur- 
 chase property as a purchase money 
 mortgage not subject to homestead 
 rights. 40 L.R.A.(N.S.) 275. 
 
 Homestead exemption as against claim for 
 money loaned by third person to 
 pay off existing purchase money 
 obligations. L.R.A.1915E, 875. 
 
 Is money loaned to improve land part of 
 the purchase price within the rule that 
 a purchase money lien takes priority 
 over homestead rights. 41 L.R.A. 
 (N.S.) 89.
 
 INDEX TO L.R.A. NOTES. 
 
 64fl 
 
 HOMESTEAD, IV. cont'd 
 16. Partition of. 
 
 See PARTITION, 7. 
 
 
 V. Transmission in case of death. 
 
 17. Generally. 
 
 Liability of homestead in hands of devisee 
 for the debts of the devisor. L.R.A. 
 1918D, 1002. 
 
 Right of heirs to exemption of homestead 
 from ancestor's debts contracted prior 
 to its acquisition by him. 4 L.R.A. 
 . (N.S.) 544. 
 
 18. Rights of widow. 
 
 Rights of, under homestead and exemption 
 laws. 4 L.R.A.(N.S.) 391; L.R.A. 
 1917C, 365. 
 
 Partition of homestead where homestead 
 right is in widow. 4 L.R.A. (N.S.) 
 790. 
 
 Purchase of homestead by widow under fore- 
 closure of lien. L.R.A.1917F, 433. 
 
 Widow's homestead rights in partnership 
 real estate. 27 L.R.A. 347. 
 
 Estoppel of wife living apart from husband 
 to claim homestead as against pur- 
 chaser ignorant of the relationship. 
 26 L.R.A. (N.S.) 575; 34 L.R.A. (N.S.) 
 762. 
 
 Is a widow's dower right in property allot- 
 ted to her as homestead extinguished 
 or merely in abevance. 10 L.R.A. 
 (N.S.) 1206. 
 
 Descent to child of right in parent's home- 
 stead as dependent on existence of 
 widow. 56 L.R.A. 47. 
 
 Child's right in parent's homestead as 
 against widow. 56 L.R.A. 66. 
 
 Right of widow to convey, lease, or en- 
 cumber homestead during minority of 
 children. 10 L.R.A. (N.S.) 787. 
 
 Wife as head of family within homestead 
 or exemption laws. 51 L.R.A. (N.S.) 
 1 121. 
 
 Effect of remarriage upon widow's existing 
 homestead rights. L.R.A. 1916A, 1000. 
 
 Woman's right to homestead in estate of 
 second husband, as affected by her 
 homestead right in estate of first hus- 
 band. L.R.A.1916A, 998. 
 
 19. Rights of child in parent's home- 
 stead. 
 
 Rights during lifetime of owner. 56 L.R.A. 
 
 34. 
 Descent or continuance to family. 56 
 
 L.R.A. 40. 
 
 Governed by what law. 56 L.R.A. 47. 
 The selection or setting apart. 56 L.R.A. 
 
 48. 
 Who are children entitled to take. 56 
 
 L.R.A. 52. 
 Necessity of indebtedness or insolvency. 
 
 56 L.R.A. 56. 
 Against what debts a protection. 56 L.R.A. 
 
 57. 
 
 In what property claimed. 56 L.R.A. 60. 
 As affected by title or estate of parent. 56 
 
 L.R.A. 61. 
 Consult ulso L,R.A. Digests of Cases. 
 
 HOMESTEAD, V. cont'd 
 
 As affected by domicil of child. 56 L.R.A. 
 62. 
 
 Rights acquired with relation to other in- 
 terests. 56 L.R.A. 62. 
 
 Effect of alienation or encumbrance by sur- 
 vivor. 56 L.R.A. 71. 
 
 Effect of sale subject to homestead. 56 
 L.R.A. 74. 
 
 Waiver of release of homestead. 56 L.R.A. 
 76. 
 
 Partition. 56 L.R.A. 77.. 
 
 Abandonment. 56 L.R.A. 80. 
 
 Termination. 56 L.R.A. 86. 
 
 Effect of death of childless wife on home- 
 stead. 16 L.R.A. (N.S.) 111. 
 
 Death of both parents. 16 L.R.A. (N.S.) 
 112. 
 
 Death of all but head of familv. 16 L.R.A. 
 (N,S.) 112. 
 
 Death of spouse and arrival at majority 
 or removal from home of all the chil- 
 dren. 16 L.R.A. (N.S.) 112. 
 
 Rights of surviving children under home- 
 stead and exemption laws. 4 L.R.A. 
 (N.S.) 394; L.R.A.1917C, 371. 
 
 P'artition of homestead when homestead 
 right is in minor children. 4 L.R.A. 
 (N.S.) 792; 27 L.R.A.(N.S.) 550. 
 
 Widow's right to convey, lease, or encum- 
 ber homestead during minority of 
 children. 10 L.R.A. (N.S.) 787. 
 
 Effect as against children of purchase of 
 homestead by widow under foreclosure 
 of lien. L.R.A.1917F, 433. 
 
 20. child's rights as against cred- 
 itors. 
 
 Child's right in parents' homestead as 
 against creditors. 56 L.R.A. 62. 
 
 Right to exemption of homestead from an- 
 cestor's debts contracted prior to ac- 
 quisition by him. 4 L.R.A.(N.S.) 544. 
 
 VI. Revaluation or reassignment of. 
 
 21. Generally. 
 
 When the question arises. 44 L.R.A. 400; 
 
 16 L.R.A. (N.S.) 728. 
 Change from fluctuation in prices. 44 
 
 L.R.A. 400; 16 L.R.A. (N.S.) 728. 
 Change from improvements and additions. 
 
 44 L.R.A. 402. 
 Homestead in decedents' estates. 44 L.R.A. 
 
 402. 
 
 HOMICIDE. 
 
 I. In general, 1-4. 
 II. Intent; deliberation; premedita- 
 
 tion; malice, 5-7. 
 II I. Nature of act caiising death, 8- 
 
 18. 
 
 a. In general, 8-13. 
 "b. Accident, misadventure, of 
 
 neglect, 14, 15. 
 c. In commission of unlau-ful 
 act, 16-18.
 
 650 
 
 INDEX TO L.R.A. NOTES. 
 
 HOMICIDE cont'd 
 
 IV. Defenses; provocation; degree, 
 19-34. 
 
 a. In genei'al, 1926a. 
 
 b. Self defense, 27-3O. 
 
 c. Degree, 31-34. 
 V. PunisJiment, 35. 
 
 I. Jn general. 
 
 1. Generally. 
 
 Assault with intent to kill, see ASSAULT 
 AND BATTERY. 
 
 Charge of assault and battery included in 
 prosecution for, see ASSAULT AND BAT- 
 TERY, 12. 
 
 Territorial jurisdiction over crime of, see 
 COURTS, 25. 
 
 As to responsibility for crime generally, see 
 CRIMINAL LAW, III. 
 
 Mental condition as affecting responsibility, 
 see CBIMINAL LAW, 8, 9. 
 
 Former jeopardy, see CRIMINAL LAW, 59- 
 64. 
 
 Civil liability for, see DEATH. 
 
 Presumption and burden of proof in prose- 
 cution for, see EVIDENCE, 116. 
 
 Acts and declarations of co-conspirators, 
 see EVIDENCE, 237. 
 
 As to threats, see EVIDENCE, 239. 
 
 Dying declarations, see EVIDENCE, 242, 
 318a. 
 
 Evidence of character or reputation of ac- 
 cused, see EVIDENCE, 252. 
 
 Evidence in prosecution for, generally, see 
 EVIDENCE, 286. 
 
 Sufficiency of evidence in prosecution for, 
 see EVIDENCE, 326. 
 
 Variance between pleading and proof, see 
 EVIDENCE, 332. 
 
 Indictment for, see INDICTMENT, ETC., 21. 
 
 Effect on right to inherit or otherwise ob- 
 tain property of murdered person, see 
 DESCENT AND DISTRIBUTION, 8. 
 
 Effect of murder of insured on right to pro- 
 ceeds of policy, see INSURANCE, 193. 
 
 Procedure on trial for, see CRIMINAL LAW, 
 IV. 
 
 Instructions in prosecution for, see TRIAL, 
 68. 
 
 Verdict in prosecution for, see TEIAL, VIII. 
 
 Evidence of declarations of victim of intent 
 
 to commit suicide. L.R.A. 1936B, 821. 
 Time when deemed to be committed. 34 
 
 L.R.A. 851. 
 
 Solicitation to commit. 25 L.R.A. 437. 
 What constitutes an attempt to commit 
 
 homicide as distinguished from assault 
 
 with intent to kill. 21 L.R.A.(N.S.) 
 
 898. 
 Several offenses growing out of same facts. 
 
 31 L.R.A.(N.S.) 693. 
 What weapons may be considered deadlv 
 
 under law of homicide and assault. 
 
 21 L.R.A.(N.S.) 497. 
 Trial of life termer for murder. 41 L.R.A. 
 
 (N.S.) 1097. 
 Civil liability of insane person for. 42 
 
 L.R.A.(N.S.) 84. 
 
 Begin with this boofc on every law question. 
 
 HOMICIDE, I.-^ont'd 
 2. Bail in case of. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance. 38 
 
 L.R.A.(N.S.) 312, 320. r 
 
 3. Effect of character and reputation 
 of deceased. 
 
 Evidence of character or reputation of de- 
 ceased, see EVIDENCE, 251. 
 
 General rules. 3 L.R.A.(N.S.) 352. 
 Exception in self-defense cases. 3 L.R.A. 
 
 (N.S.) 353. 
 
 Other exceptions. 3 L.R.A. (N.S.) 361. 
 Nature or kind of character provable. 3 
 
 L.R.A. (N.S.) 364. 
 Methods of proving character. 3 L.R.A. 
 
 (N.S.) 370. 
 
 Determination as to admissibility and ef- 
 fect. 3 L.R.A. (N.S.) 375. 
 
 4. By corporation. 
 
 May a corporation be convicted of homicide. 
 
 21 L.R.A.(N.S.) 998; 45 L.R.A. (N.S.) 
 
 344. 
 Criminal responsibility of corporation for. 
 
 2 B. R. C. 247. 
 
 //. Intent; deliberation; premedita- 
 tion; malice. 
 
 5. Intent. 
 
 In homicide by intoxicated person. 36 
 L.R.A. 470; 52 L.R.A. (N.S.) 230. 
 
 Common intent in homicide in carrying out 
 unlawful purpose. 68 L.R.A. 2015. 
 
 Effect of absence of intent to do harm in 
 homicide by misadventure. 3 L.R.A. 
 (N.S.) 1155. 
 
 To kill as affecting degree of homicide in 
 heat of passion. 5 L.R.A. (N.S.) 819. 
 
 Charging assault with intent to kill when 
 actual intent is directed against an- 
 other. 7 L.R.A. (N.S.) 630. 
 
 Intention to wound only, as affecting degree 
 of homicide in absence of excuse or 
 justification. 35 L.R.A. (N.S.) 621. 
 
 Assault with intent to murder or kill by 
 unlawful act aimed at another than the 
 one injured. 37 L.R.A. (N.S.) 172. 
 
 Right to show immorality of deceased as 
 bearing on defendant's intent. 36 
 L.R.A.(N.S.) 397. 
 
 Right of one to testify as to his intent. 
 23 L.R.A.(N.S.) 388; 34 L.R.A. (N.S.) 
 324. 
 
 6. Deliberation; premeditation. 
 
 In case of homicide in mutual combat. 45 
 L.R.A. (N.S.) 648, 649. 
 
 In homicide by intoxicated person. 36 
 L.R.A. 473; 52 L.R.A. (N.S.) 230. 
 
 Elements of deliberation and premeditation 
 as affected by the brevity of the period 
 elapsing between the resolution to kill 
 and the homicide. 7 L.R.A.(N.S.) 1056. 
 
 May finding of premeditation and delibera- 
 tion essential to murder in first degree 
 rest upon evidence that at the time de- 
 fendant was fleeing from the scene of 
 another crime. L.R.A.1918C, 566.
 
 INDEX TO L.R.A. NOTES. 
 
 661 
 
 HOMICIDE, II. -cont'd 
 7. Malice. 
 
 Presumption of malice from act of killing, 
 see EVIDENCE, 44. 
 
 In case of homicide in mutual combat. 45 
 
 L.R.A.(N.S.) 648. 
 Malicious homicide by officer. 67 L.R.A. 
 
 310. 
 As affecting degree of homicide in heat of 
 
 passion. 5 L.R.A. (N.S.) 813, 819. 
 Express malice as affecting homicide in re- 
 sisting arrest. 66 L.R.A. 353. 
 Proof of malice in homicide in resisting ar- 
 rest. 66 L.R.A. 384. 
 
 "Malice aforethought" in the definition of 
 murder ; what the term now means, 
 and how the courts should deal 
 with it in charging the jury. 38 
 L.R.A.(N.S.) 1054. 
 
 III. Nature of act causing death, 
 a. In general. 
 
 8. Generally. 
 
 In resisting assault and battery, see AS- 
 SAULT AND BATTERY, 10. 
 
 Criminal homicide in operation of railroad 
 or street railway. L.R.A.1916C, 536. 
 
 Inciting or abetting suicide as. 66 L.R.A. 
 304. 
 
 By means of spring gun, trap, or other dan- 
 gerous instrument killing trespasser. 
 29 L.R.A. 156. 
 
 Criminal responsibility for death caused by 
 spring gun or other dangerous mantrap 
 upon one's own property. 14 L.R.A. 
 (N.S.) 346. 
 
 Effect of failure to provide medical attend- 
 ance to render one guilty of man- 
 slaughter. 6 L.R.A.(N.S.) 685; 45 
 L.R.A. (N.S.) 559. 
 
 Criminal responsibility for homicide com- 
 mitted by third person, growing out of 
 an altercation between defendant and 
 deceased. 12 L.R.A. (N.S.) 889. 
 
 Homicide by acting through innocent or ir- 
 responsible agent. 2 L.R.A. (N.S.) 897. 
 
 Independent, intervening, or concurring 
 cause of death as affecting criminal 
 responsibility. 51 L.R.A. (N.S.) 
 877. 
 
 9. By excessive or improper chastise- 
 ment. 
 
 The general rule. 60 L.R.A. 801. 
 Parent and child. 60 L.R.A. 801. 
 Persons in loco parentis. 60 L.R.A. 802. 
 Schoolmaster and pupil. 60 L.R.A. 803. 
 Husband and wife. 60 L.R.A. 803. 
 Master and servant, slave, or apprentice. 
 60 L.R.A. 804. 
 
 10. In commission of, or attempt to 
 commit, abortion. 
 
 General and common-law rules as to. 63 
 L.R.A. 902; 49 L.R.A.(N.S.) 580. 
 
 Theories as to ground of criminal liability. 
 63 L.R.A. 903. 
 
 Principal or accomplice. 49 L.R.A. (N.S.) 
 582. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HOMICIDE, III. a cont'd 
 
 Grade or degree of the crime. 63 L.R.A. 
 
 905; 49 L.R.A. (N.S.) 581. 
 Application of rules to the killing of the 
 
 unborn child. 63 L.R.A. 908; 49 L.R.A. 
 
 (N.S.) 582. 
 Justification or excuse. 63 L.R.A. 909; 
 
 49 L.R.A.(N.S.) 582, 
 The indictment. 63 L.R.A. 911; 49 L.R.A. 
 
 (N.S.) 583. 
 
 Evidence. 63 L.R.A. 914. 
 The trial and determination. 63 L.R.A. 
 
 919. 
 
 1 1 . In resisting arrest, or officers of 
 justice. 
 
 In general. 66 L.R.A. 353; 33 L.R.A. (N.S.) 
 143. 
 
 Effect of express malice. 66 L.R.A. 353. 
 
 General rule in case of lawful arrest. 66 
 L.R.A. 354; 33 L.R.A. (N.S.) 144. 
 
 Reasons for rule. 66 L.R.A. 355. 
 
 Determination as to criminality. 66 L.R.A. 
 357. 
 
 General rule in case of unlawful arrest. 66 
 L.R.A. 374; 33 L.R.A. (N.S.) 147. 
 
 Resistance to unlawful arrest. 66 L.R.A. 
 375; 33 L.R.A. (N.S.) 147. 
 
 Protection extended to officers' assistants. 
 66 L.R.A. 379. 
 
 Rules applicable to escapes from confine- 
 ment. 66 L.R.A. 380. 
 
 Statutory protection to certain Federal of- 
 ficers. 66 L.R.A. 380. 
 
 The indictment. 66 L.R.A. 381. 
 
 Proof. 66 L.R.A. 381. 
 
 Self-defense in resisting officer. 5 L.R.A. 
 (N.S.) 1016. 
 
 Right to defend one's self against an officer 
 who does not disclose his identity or 
 character. L.R.A.1918D, 978. 
 
 Killing in self-defense, officer using unnec- 
 essary force in making arrest. 66 
 L.R.A. 367. 
 
 Homicide in carrying out conspiracy to 
 effect escape. 68 L.R.A. 209. 
 
 Criminal responsibility for homicide in car- 
 rying out unlawful conspiracy for. 68 
 L.R.A. 109. 
 
 12. By official action or by officers 
 of Justice. 
 
 Homicide by authority of law or under 
 
 official direction. 67 L.R.A. 293. 
 Effect of official character and action in 
 
 case of arrest. 67 L.R.A. 297. 
 General rules as to use of force in making 
 
 arrest. 67 L.R.A. 297. 
 Checking flight. 67 L.R.A. 299. 
 Meeting actual physical resistance. 67 
 
 L.R.A. 301. 
 Preventing escape or rescue. 67 L.R.A. 
 
 302. 
 
 Recapture. 67 L.R.A. 303. 
 Limitation as to force which may be used. 
 
 67 L.R.A. 303. 
 
 Effect of question of legality or propriety 
 of officer's action. 67 L.R.A. 307. 
 Action by deputy or assistant. 67 L.R.A. 
 312.
 
 652 
 
 INDEX TO L.R.A. NOTES. 
 
 HOMICIDE, III. a cont'd 
 
 "Retreat to the wall" in homicide in per- 
 formance of official duty. 2 L.R.A. 
 (N.S.) 76. 
 
 Liability of peace officer or his bond for 
 shooting a person while attempting to 
 arrest him. 51 L.R.A. (N.S.) 1179. 
 
 Homicide by peace officer in attempting to 
 enforce his commands against innocent 
 persons. L.R.A.1918D, 379. 
 
 13. Resulting from injuries by dif- 
 ferent persons acting independ- 
 ently. 
 
 Homicide resulting from injuries by differ- 
 ent persons acting independently. 67 
 L.R.A. 426; 43 L.R.A. (N.S.) 419. 
 
 ft. Accident, misadventure, or neglect. 
 
 % 14. By accident or misadventure. 
 
 Accident as defense to criminal prosecu- 
 tion, generally, see CBIMINAL LAW, 
 15. 
 
 By accident while hunting. 1 L.R.A. (N.S.) 
 
 991. 
 Accidental killing of bystander by shooting 
 
 in self-defense. 2 L.R.A. (N.S.) 719. 
 Homicide by misadventure. 3 L.R.A. (N.S.) 
 1153. 
 
 15. Negligent homicide. 
 
 Generally. 61 L.R.A. 277; 63 L.R.A. 392. 
 
 Distinction between different degrees of the 
 crime. 61 L.R.A. 279. 
 
 Application of rules to particular classes 
 of negligence. 61 L.R.A. 279. 
 
 Negligent homicide under Texas Code. 61 
 L.R.A. 296. 
 
 Necessity that negligent act shall be per- 
 sonal. 61 L.R.A. 297. 
 
 Effect of negligence of others contributing. 
 61 L.R.A. 298. 
 
 Application of doctrine of contributory neg- 
 ligence. 61 L.R.A. 298. 
 
 Pleading and practice. 61 L.R.A. 298. 
 
 Homicide in operation of railroad or street 
 railway. L.R.A.1917C, 536. 
 
 Homicide by negligent operation of auto- 
 mobile. 30 L.R.A. (N.S.) 458; 33 
 L.R.A. (N.S.) 403; L.R.A.1918B, 954. 
 
 Effect of failure to provide medical attend- 
 ance to render one guilty of man- 
 slaughter. 45 L.R.A. (N.S.) 559. 
 
 Negligence of physician. 61 L.R.A. 687; 
 L.R.A.1915D, "201. 
 
 c. In commission of unlawful act. 
 
 16. Generally. 
 
 In commission of, or attempt to commit, 
 
 abortion, see supra, 10. 
 In resisting arrest or officers of justice, 
 
 see supra, 11. 
 
 General rules. 63 L.R.A. 354. 
 
 Homicide in the commission of felonies. 63 
 L.R.A. 354. 
 
 Effect of statutory declaration that murder 
 in the commission of felony shall be 
 murder in the first degree upon right 
 of jury to pass upon degree. L.R.A. 
 191 6D, 610. 
 
 HOMICIDE, III. c cont'd 
 
 Homicide in the commission of unlawful 
 acts not felonies. 63 L.R.A. 379. 
 
 Homicide in commission of misdemeanor 
 with dangerous weapons. 45 L.R.A. 
 (N.S.) 219. 
 
 Abandonment of unlawful design. 63 L.R.A. 
 392. 
 
 The indictment. 63 L.R.A. 393. 
 
 Evidence. 63 L.R.A. 397. 
 
 Instructions. 63 L.R.A. 401. 
 
 The conviction or acquittal. 63 L.R.A. 404. 
 
 Is one causing fright by unlawful act guil- 
 ty of homicide because death follows 
 fright. 16 L.R.A. (N.S.) 327. 
 
 Death inflicted while defendant is violating 
 a municipal ordinance. 28 L.R.A. 
 (N.S.) 770. 
 
 Homicide in mutual combat voluntarily and 
 willingly entered into. 45 L.R.A. 
 (N.S.) 646. 
 
 17. By unlawful act aimed at an- 
 other than the one killed. 
 
 The general rule. 63 L.R.A. 660. 
 
 When murder in the first degree. 63 L.R.A. 
 662. 
 
 When murder in the second or a lower de- 
 gree. 63 L.R.A. 663. 
 
 When manslaughter. 63 L.R.A. 666. 
 
 When justifiable or excusable. 63 L.R.A. 
 667. 
 
 Assault with intent to murder or kill by 
 unlawful act aimed at another than 
 the one injured. 37 L.R.A.(N.S.) 172. 
 
 As affected by mistake as to identity of 
 victim. 33 L.R.A.(N.S.) 1070. 
 
 18. In carrying 
 spiracy. 
 
 Criminal responsibility. 
 
 out unlawful con- 
 
 68 L.R.A. 193. 
 
 The conspiracy. 68 L.R.A. 200. 
 
 The common intent or purpose. 68 L.R.A. 
 
 203. 
 
 The degree of the crime. 68 L.R.A. 211. 
 The indictment. 68 L.R.A. 214. 
 
 Proof. 
 
 L.R.A. 215. 
 
 Criminal responsibility of one who aids an- 
 other in assault in which the latter, 
 without his knowledge or consent, uses 
 a deadly weapon. 23 L.R.A. (N.S. ) 273. 
 
 Responsibility of one assisting in burglary 
 during which his companion commits 
 murder. 6 L.R.A. (N.S.) 1154. 
 
 Responsibility of one assisting in robbery 
 during which his companion commits 
 murder. 45 L.R.A. (N.S.) 55. 
 
 Absence from the scene of homicide as af- 
 fecting the responsibility of a party 
 to a common design to commit another 
 offense. L.R.A.1918B, 75. 
 
 IV. Defenses; provocation; degree. 
 
 a. In general. 
 
 * 
 19. Generally. 
 
 As to responsibility for crime generally, see 
 
 Begin with this boofc on every law question. 
 
 CRIMINAL LAW, III. 
 Effect of threats on liability 
 THREATS, 2. 
 
 for, see
 
 INDEX TO L.R.A. NOTES. 
 
 653 
 
 HOMCIDE, IV. a cont'd 
 
 When unlawful act aimed at another than 
 
 one killed is justifiable or excusable. 
 
 63 L.R.A. 667. 
 Justifiable homicide in commission of or 
 
 attempt to commit an abortion. 63 
 
 L.R.A.909; 49 LR.A.(X.S.) 582. 
 Provocation for homicide by intoxicated 
 
 person. 36 L.R.A. 476. 
 Unnecessary force in making arrest as 
 
 provocation for homicide. 66 L.R.A. 
 
 370. 
 Justifiable killing as defense in action for 
 
 death intentionally inflicted. 23 L.R.A. 
 
 (N.S.) 996." 
 
 20. Youth. 
 
 Criminal liability of children generally, see 
 CRIMINAL LAW, 7. 
 
 Criminal liability of children for murder. 
 36 L.R.A. 200, 207. 
 
 21. Weakness of mind; irresistible 
 impulse. 
 
 As excuse for crime generally, see CRIMI- 
 NAL LAW, 8, 9. 
 
 Weakness of mind as affecting responsibili- 
 ty for homicide. 10 L.R.A. (N.S.) 999. 
 
 Irresistible impulse as an excuse. 18 
 L.R.A. 224; 27 L.R.A. (N.S.) 461; 
 L.R.A.1918D, 794. 
 
 22. Intoxication. 
 
 As excuse for crime generally, see CRIMI- 
 NAL LAW, 10. 
 
 What intoxication will excuse. 36 L.R.A. 
 
 470. 
 Drunkenness as defense to homicide. 13 
 
 L.R.A.(N.S.) 1024; 25 L.R.A.(N.S.) 
 
 376; 52 L.R.A. (N.S.) 230. 
 Killing in self defense while intoxicated. 
 
 36 L.R.A. 476. 
 Effect of intoxication or heat of passion so 
 
 as to mitigate or reduce degree of crime. 
 
 5 L.R.A.(N.S.) 825. 
 
 23. To prevent criminal or unlawful 
 acts. 
 
 Forcible felonies and crimes. 67 L.R.A. 
 529. 
 
 Application of rules to particular acts. 67 
 
 L.R.A. 532. 
 
 To prevent one from taking a child. 
 L.R.A.1915A, 73. 
 
 Misdemeanors, crimes without force, and 
 trespasses. 67 L.R.A. 536. 
 
 Attack in, or trespass or assault on, dwell- 
 ing. 67 L.R.A. 541. 
 
 Defense of family and relations. 67 L.R.A. 
 546. 
 
 Prevention as distinguished from punish- 
 ment. 67 L.R.A. 547. 
 
 The qtrtstion of degree. 67 L.R.A. 548. 
 
 24. Insulting words or conduct. 
 
 Insulting words or conduct as a provoca- 
 tion to homicide. 4 L.R.A. (N.S.) 
 154. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HOMCIDE, IV. a cont'd 
 25. Effect of negligence or lack of 
 skill in treatment or care of wound. 
 
 In general. 22 L.R.A. (N.S.) 841; 28 L.R.A. 
 (N.S.) 665; L.R.A.1915F, 608. 
 
 Negligent or unskilful medical or surgical 
 treatment or want of care. 22 L.R.A. 
 (N.S.) 841. 
 
 When death occurs during operation. 22 
 L.R.A.(N.S.) 844. 
 
 Effect of refusal to submit to operation. 
 22 L.R.A. (N.S.) 845. 
 
 When death is due to negligent act of de- 
 ceased. 22 L.R.A. (N.S.) 845. 
 
 Failure to receive prompt medical or surgi- 
 cal treatment. 22 L.R.A. (N.S.) 846. 
 
 When death is due solely to negligent or 
 improper treatment. 22 L.R.A. (N.S. ) 
 846. 
 
 When cause of death is in doubt. 22 L.R.A. 
 (N.S.) 847. 
 
 26. Defense of another. 
 
 Homicide in defense of family and re- 
 lations. 45 L.R.A.(N.S.) 145. 
 
 Is one assisting relative in peril bound by 
 the latter's act in bringing on the diffi- 
 culty. 15 L.R.A.(N.S.) 1013; 39 L.R.A. 
 (N.S.) 671. 
 
 26a. Defense of dwelling. 
 
 Homicide to prevent entrance of dwelling. 
 45 L.R.A.(N.S.) 7]. 
 
 b. Self defense. 
 
 27. Generally. 
 
 Killing in self-defense while intoxicated. 36 
 L.R.A. 476. 
 
 Right of officer to kill in self-defense. 67 
 L.R.A. 304. 
 
 Self-defense in resisting officer. 5 L.R.A. 
 (N.S.) 1016. 
 
 Right to defend one's self against an officer 
 who does not disclose his identity or 
 character. L.R.A.1918D, 978. 
 
 Against unnecessary force in making arrest. 
 66 L.R.A. 367. 
 
 Proof of self-defense necessary to warrant 
 admission of evidence as to character 
 and reputation of deceased. 3 L.R.A. 
 (N.S.) 355. 
 
 Applicability of rule of reasonable doubt to 
 self-defense in homicide. 19 L.R.A. 
 (N.S.) 483; 31 L.R.A. (N.S.) 1166. 
 
 Admissibility of evidence of turbulent and 
 dangerous character of victim of homi- 
 cide on issue of self-defense. L.R.A. 
 1916A, 1245. 
 
 Right to set up self-defense in case of 
 homicide in mutual combat. 45 L.R.A. 
 (N.S.) 646. 
 
 Right of self-defense against attack due to 
 defendant's illicit relations with wife 
 or other relative of assailant. 46 
 L.R.A.(N.S.) ]3. 
 
 28. Self-defense set up by accused 
 who began the conflict. 
 
 General doctrine. 45 L.R.A. 687.
 
 654 
 
 INDEX TO L.R.A. NOTES. 
 
 HOMICIDE, IV. b cont'd 
 
 What amounts to provoking or bringing 
 on the difficulty, or producing the 
 occasion. 45 L.R.A. 695. 
 
 Threats. 45 L.R.A. 702. 
 
 Where relative or other party is the ag- 
 gressor. 46 L.R.A. 703. 
 
 In case of mutual combat. 45 L.R.A. 704. 
 
 Former quarrel induced by deceased. 45 
 L.R.A. 705. 
 
 Burden of proof of freedom from fault. 45 
 L.R.A. 706. 
 
 Question for the jury. 45 L.R.A. 706. 
 
 The question of withdrawal. 45 L.R.A. 707 ; 
 L.R.A.1915F, 656. 
 
 Criminal responsibility of aggressor for ac- 
 cidental killing of third person by shot 
 fired in self-defense at aggressor. 2 
 L.R.A.(N.S.) 719. 
 
 20. duty to retreat. 
 
 Question of withdrawal by accused who be- 
 gan conflict. 45 L.R.A. 707; L.R.A. 
 1915F, 656. 
 
 Right of self-defense by one who is pur- 
 sued and assaulted after leaving prem- 
 ises which he had entered for an un- 
 lawful purpose. 26 L.R.A.(N.S.) 621. 
 
 Withdrawal from participation in homicide, 
 which will relieve from criminality. 
 4 L.R.A.(N.S.) 576. 
 
 "Retreat to the wall" in homicide. 2 L.R.A. 
 (N.S.) 49. 
 
 30. necessity for killing. 
 
 Standpoint of determination as to danger 
 and necessity to kill in self-defense. 
 3 L.R.A.(N.S.) 535. 
 
 c. Degree. 
 
 31. Generally. 
 
 Conviction of lower degree as acquittal of 
 higher degree, see CRIMINAL LAW, 62. 
 
 Effect of deceased's consent upon degree of 
 homicide committed by defendant. 15 
 L.R.A.(N.S.) 988. 
 
 Degree of homicide in killing wife, as af- 
 fected by her confession of, or declara- 
 tion of intent to commit, adultery. 38 
 L.R.A. (N.S.) 99. 
 
 Presumption as to distinctive elements of 
 murder in first degree from use of 
 deadly weapon. 34 L.R.A. (N.S.) 74. 
 
 Killing or assaulting of a relative or friend 
 of defendant as a sufficient provocation 
 to reduce a homicide to manslaughter. 
 17 L.R.A.(N.S.) 795. 
 
 Degree of crime in case of homicide by 
 peace officer in attempting to enforce 
 his commands against innocent per- 
 sons. L.R.A.1918D, 379. 
 
 Test of provocation which will reduce grade 
 of homicide from murder to man- 
 slaughter. 7 B. R. C. 277. 
 
 32. Heat of passion which will miti- 
 gate or reduce degree. 
 
 Effect of passion generally. 5 L.R.A. (N.S.) 
 
 809. 
 Necessity of. 5 L.R.A.(N.S.) 811. 
 
 HOMICIDE, IV. c cont'd 
 
 Necessity of provocation as a cause. 5 
 
 L.R.A.(N.S.) 812. 
 Malice or intent to kill as affecting. 5 
 
 L.R.A.(N.S.) 813. 
 Nature and sufficiency of the passion. 5 
 
 L.R.A.(N.S.) 815. 
 
 Conditions and circumstances indicating 
 
 passion or malice as the controll- 
 
 ing factor. 5 L.R.A. (N.S.) 818. 
 
 Determination as to existence and suffi- 
 
 ciency. 5 L.R.A. (N.S.) 826. 
 Killing in hot blood in case of homicide in 
 
 mutual combat. 45 L.R.A. (N.S.) 650. 
 Proof. 5 L.R.A.(N.S.) 827. 
 As controlling element of homicide induced 
 
 by insulting words or conduct. 4 
 
 L.R.A.(N.S.) ]58, 166. 
 Responsibility for homicide committed in 
 
 fit of anger. 10 L.R.A. (N.S.) 1032. 
 
 33. Question for jury as to. 
 
 See TRIAL, 55. 
 
 34. Conviction of lower or different 
 degree. 
 
 Conviction of lower or different degree in 
 prosecution for homicide. 21 L.R.A 
 (N.S.) 1; 43 L.R.A.(N.S.) 813. 
 
 V. Punishment. 
 
 35. Generally. 
 
 Cruel and unusual punishment for. 
 L.R.A. 575; L.R.A.1915C, 569. 
 
 35 
 
 HOOKS. 
 
 Master's liability for injury 
 13 L.R.A.(N.S.) 678; 
 1141. 
 
 by defect in. 
 L.R.A.1918D, 
 
 HOOTING. 
 
 As 
 
 disturbance of the 
 L.R.A.(N.S.) 505. 
 
 public peace. 32 
 
 HOP ALE. 
 
 Judicial notice of intoxicating character 
 of. 48 L.R.A.(N.S.) 316. 
 
 HOPE. 
 
 Voluntariness of confessions induced by. 
 18 L.R.A.(N.S.) 804, 825; 50 L.R.A. 
 (N.S.) 1086. 
 
 Begin 
 
 this hook on every law question. 
 
 HORNS. 
 
 Blowing of, as disturbance of public peace. 
 32 L.R.A. (N.S.) 505.
 
 INDEX TO L.R.A. NOTES. 
 
 655 
 
 HORSE PLAY. 
 
 Injury received by employee while indulging 
 in horse play as one arising out of 
 his employment within the meaning of 
 the Workmen's Compensation Act. 
 L.R.A.1917D, 123. 
 
 Recovery under Workmen's Compensation 
 Acts for injuries caused by. L.R.A. 
 1918E, 504. 
 
 HORSE RACE. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 104. 
 
 As proper subject for exercise of police pow- 
 er. L.R.A.1917E, 318. 
 
 Power of state to prohibit or regulate 
 horse racing. 25 L.R.A. (N.S.) 905. 
 
 Horse racing as a game within gambling 
 statutes. 7 L.R.A. ( N.S. ) 899 ; 33 L.R.A. 
 (N.S.) 828. 
 
 Oral betting as violation of statute against 
 bookmaking. 25 L.R.A. (N.S.) 479. 
 
 Liability of municipal corporation for fail- 
 ure to prevent racing in streets. 23 
 L.R.A.(N.S.) 641. 
 
 Liability of proprietor for injury to patron. 
 1 L.R.A.(N.S.) 427; L.R.A.1915F, 690. 
 
 Effect of award founded on agreement as 
 to. 58 L.R.A. 183. 
 
 HORSE RAILROADS. 
 
 As additional burden in street. 17 L.R.A. 
 477; 36 L.R.A.(N.S.) 718. 
 
 HORSES. 
 
 /. In general, 1-6. 
 II. Fright of; running away; injuries 
 due to, 7-14. 
 
 I. In general. 
 
 1. Generally. 
 
 As to animals generally, see ANIMALS. 
 Liability of bailee of, see BAILMENT, 6. 
 Liability of bailor of, see BAILMENT, 12. 
 Regulation of vehicles drawn by, see HIGH- 
 WAYS, 45, 46. 
 
 As to horse race, see HORSE RACE. 
 As to horse trade, see HORSE TRADE. 
 Stable for, see LIVERY STABLE. 
 
 Evidence as to disposition of horse prior 
 to accident. 32 L.R.A. (N.S.) 1]59. 
 
 Fixing UK- extent of liability of the several 
 obligors to an agreement relating to 
 purchase of horses as making it joint 
 and several or several. L.R.A. 1915B. 
 224. 
 
 Duty and liability of operator of automo- 
 bile with respect to horses encountered 
 on highway. 48 L.R.A. (N.S.) 946. 
 
 False pretenses in misrepresenting the 
 quality, condition or status of the sub- 
 ject of a horse trade. 49 L.R.A. (N.S.) 
 57li. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HORSES, I. cont'd 
 2. Warranty of. 
 
 Damages for breach of warranty, see DAM- 
 AGES, 116. 
 
 Warranty of horse kept for hire. 19 L.R.A. 
 283. 
 
 What amounts to a breach of warranty of 
 soundness of a horse. 32 L.R.A. (N.S.) 
 182. 
 
 Remedy for breach of warranty of horse 
 where its death prevents its return 
 and substitution of another as pro- 
 vided by the contract. 25 L.R.A. (N.S.) 
 823. 
 
 3. Exemption of. 
 
 See EXEMPTIONS, 4a. 
 
 4. Hiring of. 
 
 Liability of hirer, see BAILMENT, 6. 
 Liability to hirer, of one letting horse, see 
 BAILMENT, 12. 
 
 6. Hitching of. 
 
 See HIGHWAYS, 20; NEGLIGENCE, 27. 
 
 II. Fright of; running away; injuries 
 due to. 
 
 % 1. Generally. 
 
 Vicious character of hired horse, see supra, 
 
 5- 
 Fright of animals generally, see FRIGHT, 
 
 1. 
 Effect of fright of horse on liability for 
 
 injury by defective highway, see HIGH- 
 WAYS, 58. 
 Liability of municipality for injury due to 
 
 objects calculated to frighten horse, 
 
 see HIGHWAYS, 67. 
 Proximate cause of injury through fright 
 
 of horse, see PROXIMATE CAUSE, 19, 
 
 20. 
 
 Duty of driver of horse that is running 
 away. 35 L.R.A. (N.S.) 148. 
 
 Liability, in absence of negligence, for 
 damage by runaway horse. 37 L.R.A. 
 (N.S.) 718. 
 
 Liability for death of or injury to one at- 
 tempting to stop runaway horse. L.R.A. 
 1917C, 1083. 
 
 Fright of team as excuse for omission to 
 look and listen at railroad crossing. 
 21 L.R.A. (N.S.) 415. 
 
 Liability to patron of public exhibition 
 for injury due to collision with 
 frightened horse. 1 L.R.A. (N.S.) 427. 
 
 What deemed to be proximate cause of in- 
 juries following a runaway. 5 L.R.A. 
 (N.S.) 373. 
 
 Liability for injury to, from fright caused 
 by wrongful act. L.R.A.1917C, 991. 
 
 Liability for injuries in consequence of 
 fright of horse not on highway because 
 of an improper use of highway. L.R.A. 
 1918D, 571. 
 
 Liability for frightening horse to death. 
 23 L.R.A.(N.S.) 183. 
 
 Duty to avoid injury to person driving 
 frightened horse. 69 L.R.A. 528.
 
 656 
 
 INDEX TO L.R.A. NOTES. 
 
 HORSES, II. cont/d 
 
 Liability for injury in consequence 
 
 frightening horse by blasting. 36 
 L.R.A. (N.S.) 54. 
 
 Vicious character of horse as affecting lia- 
 bility for injuries caused bv frighten- 
 ing of horse. 22 L.R.A. (N.S.) 1229. 
 
 Liability of public service corporation for 
 frightening horses by construction ap- 
 paratus in street. 28 L.R.A.(N.S.) 
 !)4'2. 
 
 Liability for placing near highway object 
 calculated to frighten horse. 12 L.R.A. 
 (N.S.) 1152. 
 
 Liability for frightening horses by paper 
 or other objects liable to be set in mo- 
 tion by wind. L.R.A.1915D, 617. 
 
 Duty to prevent escape of steam from en- 
 gine in highway so as to frighten 
 horses. 31 L.R.A. (N.S.) 1209. 
 
 Sufficiency of general allegations of negli- 
 gence towards persons by frightening 
 horses. 59 L.R.A. 230. 
 
 Presumption of negligence from runaway. 
 23 L.R.A.(N.S.) 171; 39 L.R.A. (N.S.) 
 574. 
 
 Evidence that horses had been previously 
 frightened by the same object. 32 
 L.R.A. (N.S.) 1159. 
 
 8. By bicycle. 
 
 Liability of bicyclist for frightening horses. 
 47 L.R.A. 295. 
 
 9. By automobile. 
 
 Contributory negligence, see infra, 14. 
 
 Duty and liability of operator of auto- 
 mobile with respect to horses encoun- 
 tered on highway. 1 L.R.A. (T.S.) 223, 
 224; 14 L.R.A.'(N.S.) 251; 48 L.R.A. 
 (N.S.) 946. 
 
 10. By railroad train or locomotive. 
 
 Liability of company for wrongful use of 
 
 whistle by employees. 27 L.R.A. 187. 
 
 Liability for frightening animal to death. 
 
 23 L.R.A.(N.S.) 183. 
 
 Liability of railroad company for frighten- 
 ing horse on highway by flagman or 
 warning device at crossing. L.R.A. 
 1917C, 982. 
 
 Liability of railroad company for frighten- 
 ing horse on highway by engine, car, 
 etc., on or near crossing. 3 L.R.A. 
 (N.S.) Ill; 42 L.R.A. (N.S.) 568. 
 Frightening horse on highway by locomo- 
 tive, car, or train running parallel 
 therewith. 33 L.R.A. (N.S.) 123. 
 Liability for discharge of steam in street 
 or highway so as to frighten 
 horses. 23 L.R.A. (N.S.) 946. 
 Liability of railway company for frighten- 
 ing horse by escape of steam from en- 
 gine standing on highway crossing. 
 
 24 L.R.A.(N.S.) 1202. 
 
 Liability of railroad company operating 
 trains or cars longitudinally along pub- 
 lic street for frightening horses by 
 blowing off of steam or causing other 
 noises. 49 L.R.A. (N.S.) 677. 
 
 I HORSES, II. confd 
 of I Duty of trainmen where animals are fright- 
 
 ened by train, but are not struck 
 by it. 46 L.R.A. (N.S.) 430. 
 Sufficiency of general allegations of rail- 
 road's negligence by frightening horses. 
 59 L.R.A. 230. 
 
 11. By street car. 
 
 Generally. 34 L.R.A. 482; 21 L.R.A. (N.S.) 
 283; 48 L.R.A. (N.S.) 823. 
 
 By bells, gongs, and whistles. 34 L.R.A. 
 48.3: 21 L.R.A. (N.S.) 286. 
 
 By steam. 34 L.R.A. 486. 
 
 Unusual noises. 21 L.R.A. (N.S.) 286. 
 
 Excessive speed. 21 L.R.A. (N.S.) 286. 
 
 Unusual sounds and sights. 21 L.R.A. 
 (N.S.) 287. 
 
 Frightening horse on highway by car run- 
 ning parallel therewith. 33 L.R.A. 
 (N.S.) 123. 
 
 Duty towards person whose horse has been 
 frightened by the sounding of gong. 69 
 L.R.A. 530. 
 
 Liability for placing near highway object 
 calculated to frighten. 12 L.R.A.(NiS.) 
 1152. 
 
 Liability of, for frightening horses by con- 
 struction apparatus in street. 28 
 L.R.A. (N.S.) 942. 
 
 Contributory negligence. 34 L.R.A. 486; 
 21 L.R*A.(N.S.) 288. 
 
 12. Master's liability for injury by 
 horse used by servant. 
 
 Master's liability for injury by horse when 
 used bv servant for his own business or 
 pleasure. 9 L.R.A. (N.S.) 1033. 
 
 13. Master's liability for. injury to 
 servant. 
 
 Duty to warn servant against vicious horse. 
 "3 L.R.A. (N.S.) 209. 
 
 Servant's assumption of risk or contribu- 
 tory negligence in using unsafe horse. 
 18'L.R.A.(N.S.) 695. 
 
 14. Contributory negligence. 
 
 Contributory negligence of driver of horse 
 
 encountering automobile on highway. 
 
 1 L.R.A.(N.S.) 228; 31 L.R.A. (N.S.') 
 
 1137; 50 L.R.A.(N.S.) 566. 
 In case of fright by street car. 34 L.R.A. 
 
 486; 21 L.R.A. (N.S.) 288; 48 L.R.A. 
 
 (N.S.) 823. 
 
 HORSE STEALING. 
 
 Cruel and unusual 
 L.R.A. 573. 
 
 punishment for. 35 
 
 Begin n-itli this ftoofc on every law question. 
 
 HORSE TRADE. 
 
 False pretenses in misrepresenting the qual- 
 ity, condition or status of the subject 
 of a horse trade. 49 L.R.A. ( N.S. ) 576.
 
 INDEX TO L.R.A. NOTES. 
 
 057 
 
 HOSPITAL RECORDS. 
 
 Are hospital records within the privilege 
 extended to communications between 
 physician and patient. 14 L.R.A. (N.S.) 
 565. 
 
 HOSPITALS. 
 
 1. Generally. 
 
 Records of, see HOSPITAL RECORDS. 
 Insane Asylums, see INSANE ASYLUMS. 
 
 Right of woman to be officer of. 38 L.R.A. 
 211. 
 
 Power to provide for contagious diseases 
 26 L.R.A. 727. 
 
 Right of occupants of, to acquire residence 
 as voters. 23 L.R.A. 215; 40 *L.R.A. 
 (X.S.) 169. 
 
 Exemption from suit, as agency of state. 
 35 L.R.A. (N.S.) 243. 
 
 Injured servant's right to recover for mas- 
 ter's delay in taking him to hospital. 
 7 L.R.A. (N.S.) 997. 
 
 Requiring payment for patient as affecting 
 right of hospital to public aid or 
 exemption from taxation. 29 L.R.A. 
 (N.S.) 190. 
 
 Erection of, as violation of restrictive cove- 
 nant in deed. 41 L.R.A. (N.S.) 617. 
 
 Liability for detaining patient at hospital 
 against his will. L.R.A.1915D, 61J. 
 
 Who may or must be admitted to private 
 hospital or hospital maintained prim- 
 arily for benefit of special class. L.R.A. 
 1918D, 561. 
 
 2. As nuisance; objections to loca- 
 tion of, In neighborhood. 
 
 As nuisance, see NUISANCES, 7. 
 
 Injunction against, by local authorities. 
 41 L.R.A. 324. 
 
 Use of building for, as violation of general 
 restrictive covenant against use for 
 purpose offensive or detrimental to 
 neighborhood. 9 L.R.A. (N.S.) 1039. 
 
 Right of property owner to complain of lo- 
 cation of contagious disease hospital in 
 neighborhood. 5 L.R.A. (N.S.) 1028; 
 25 L.R.A. (N.S.) 228. 
 
 Right of municipality to establish con- 
 tagious disease hospital beyond city 
 limits. 18 L.R.A. (N.S.) 260. 
 
 3. Sending of, or commitment of, 
 persons to. 
 
 For insane: commitment in, see INCOMPE- 
 
 TEXT PERSONS, 17. 
 Sending to pest house, see HEALTH, 2. 
 
 4. Liability for negligence or tort. 
 
 Liability of charitable institutions includ- 
 ing charitable hospitals, for personal 
 injuries, see CHARITIES, 12. 
 
 Liability for damages for performing un- 
 authorized autopsy. L.R.A.l 918D, 404. 
 Liability of hospital for loss or theft of 
 
 HOSPITALS cont'd 
 
 Liability of, for negligence. 23 L.R.A. 200. 
 
 Master's liability for effect of hospital treat- 
 ment of seaman. 28 L.R.A. 555. 
 
 Liability of proprietor of private sanita- 
 rium or hospital for negligence of nurse 
 or attendant. 6 L.R.A. (N.S.) 306; 
 L.R.A.1915D, 334. 
 
 Liability of operating surgeon for negligent 
 act of interne or hospital nurse in car- 
 ing for patient. 27 L.R.A.(N.S.) 1174; 
 L.R.A.1918C, 134. 
 
 Liability for negligence of attendants fur- 
 nished by relief department toward 
 which employees contribute. 17 L.R.A. 
 (N.S.) 1167'; 30 L.R.A. (N.S.) 1207; 
 48 L.R.A. (N.S.) 531. 
 
 UV ft 'jo II 
 
 HOSPITAL SERVICES. 
 
 As element of recovery under Workmen's 
 Compensation Act. L.R.A.1917D, 178. 
 
 HOSTILITY. 
 
 As element of adverse possession, see AD- 
 VERSE POSSESSION, 13. 
 
 Of stockholder, effect on right to inspect 
 
 corporate books. 45 L.R.A. 463. 
 Order for physical examination by hostile 
 
 physician as abuse of discretion. 15 
 
 L.R.A.(N.S.) 665. 
 Right of party calling to impeach hostile 
 
 witness. 21 L.R.A. 423. 
 Permitting hostile crowd in court room as 
 
 denial of fair trial. 39 L.R.A. (N.S.) 
 
 667. 
 
 HOT AIR FURNACE. 
 
 As part of realty. 1 B. R. C. 972. 
 
 HOTCHPOT. 
 
 Bringing advancements into . hotchpot in 
 cases of partial intestacy. 4 B. R. C. 
 268. 
 
 HOTELS. 
 
 In general, see INNKEEPERS. 
 
 Servants in, as fellow servants. 50 L.R.A. 
 461. 
 
 Master's liability for negligence of super- 
 vising employee employed pursuant to 
 statute. 41 L.R.A. (N.S.) 358. 
 
 Right to claim homestead in property used 
 
 property of patient. L.R.A. 1918A, 
 1-157. 
 f'nin-i:;i also L.I1..1. Digests of ('*<*. 2 
 
 as. 41 L.R.A. (N.S.) 303. 
 As violation of restrictive covenant in deed. 
 
 41 L.R.A.(N.S.) 625.
 
 058 
 
 HOTELS cont'd 
 
 .Right to use railroad right of way for 
 
 purpose of as against owner of fee. 36 
 
 L.R.A. (N.S.) 517. 
 Hiring room in hotel as affecting domicil 
 
 or residence. L.R.A.1917D, 788. 
 
 INDEX TO L.R.A. NOTES. 
 
 HOUSE OF ILL FAME. 
 
 See DISORDERLY HOUSES. 
 
 HOT WATER. 
 
 Doctrine of attractive nuisance as applied 
 to injury from hot water. 3 L.R.A. 
 (N.S.) 149; 19 L.R.A.(N.S.) 1124. 
 
 HOT WATER HEATER. 
 
 As part of realty. 1 B. R. C. 972. 
 
 HOUND. 
 
 See ANIMALS. 
 
 HOURS OF LABOR. 
 
 See MASTER AND SERVANT, 32, 33. 
 
 HOUSE. 
 
 What passes under bequest of contents of 
 
 property and effects 
 L.R.A.1915C, 653. 
 
 *-"* 
 
 contained in. 
 
 HOUSEHOLDER. 
 
 Necessity that grand juror be. 28 L.R.A. 
 
 197. 
 Servant as. 4 L.R.A. (N.S.) 707, 711, 713, 
 
 722. 
 
 *-- 
 
 26 
 
 HOUSEHOLD GOODS. 
 
 As baggage. 39 L.R.A. (N.S.) 634. 
 Location of, as affecting insurance on. 
 
 L.R.A. 239. 
 As a family expense or necessary within 
 
 statute rendering wife or her property 
 
 liable therefor. L.R.A.1917F, 863. 
 Measure of damages for loss or conversion 
 
 of or injury to. L.R.A.1917D, 495. 
 
 " 
 
 HOUSE OF CORRECTION. 
 
 Cruel punishment in. 35 L.R.A. 567. 
 Confinement in, as cruel and unusual pun- 
 ishment. L.R.A.1915C, 563. 
 Begin with this book on every law question. 
 
 HOUSE OF REFUGE. 
 
 Confinement in, as cruel and 
 punishment. 35 L.R.A. 567. 
 
 unusual 
 
 HOUSE PLANTING. 
 
 Right to allowance for improvements made 
 with knowledge that property would be 
 required for public use. 36 L.R.A. 
 (N.S.) 273. 
 
 HUCKSTERS. 
 
 See PEDDLERS. 
 
 HUGGING. 
 
 Mental anguish as element of damages for 
 hugging woman against her will. 33 
 L.R.A.(N.S.) 98. 
 
 HUGHES' LEMON GINGER. 
 
 Judicial notice of intoxicating character 
 of. 48 L.R.A. (N.S.) 316. 
 
 HUMANE OFFICERS. 
 
 Constitutionality of statutes authorizing 
 seizure of animals by. 15 L.R.A. (N.S.) 
 554. 
 
 HUMANITARIAN DOCTRINE. 
 
 See NEGLIGENCE, 50-52. 
 
 HUMILIATION. 
 
 As element of damages, see DAMAGES, 96- 
 106. 
 
 HUNTING. 
 
 Injunction against hunting on navigable 
 waters or against interference there- 
 with. 17 L.R.A. (N.S.) 1236; 38 L.R.A. 
 (N.S.) 286. 
 
 Civil liability for negligent discharge of 
 firearms. 4 L.R.A. (N.S.) 119; 26 
 L.R.A.(N.S.) 134; L.R.A.1915E, 267.
 
 INDEX TO L.R.A. NOTES. 
 
 659 
 
 HUNTING ont'd 
 
 Nature and extent of right created by pri- 
 
 vate grant of hunting privilege. 40 
 
 L.R.A. (N.S.) 300. 
 Criminal character of homicide by accident 
 
 while hunting. 1 L.R.A. (N.S.) 991. 
 As violation of Sunday laws. 30 L.R.A. 
 
 (N.S.) 470. 
 Pursuit of game as justification for entry 
 
 on land of another. 20 L.R.A. (N.S.) 
 
 152. 
 
 HUNTING PRESERVE. 
 
 Applicability to keeper of, of Workmen's 
 Compensation Acts. L.R.A.1918F, 202. 
 
 HURRICANE. 
 
 Causes of loss covered by hurricane insur- 
 ance. L.R.A.1915B, 1094. 
 
 HUSBAND AND WIFE. 
 
 I. In general, 1-4. 
 II. Husband's rights and liabilities, 
 5-11. 
 
 a. Rights, 5. 
 
 b. Liabilities, 6-11. 
 
 HI. Wife's rights, disabilities, and lia- 
 bilities, 12-25. 
 
 a. Rights and disabilities gen- 
 
 erally, 12-14. 
 
 b. Power to contract, 15-19. 
 
 c. Liabilities, 2O-25. 
 IV. Property rights, 26-44. 
 
 a. In general, 26. 
 6. Tenancy by the entireties, 
 27. 
 
 c. Community property, 28- 
 
 32. 
 
 d. Wife's separate estate, 
 
 33-37. 
 
 e. Conveyances to wife by third 
 
 persons, 38. 
 /. Conveyances or mortgages to 
 
 third persons, 3Sa-42. 
 g. Fraud on marital rights, 
 
 43, 43a. 
 
 h. Rights of creditors, 44. 
 V. Transactions betiveen, 45-61. 
 
 a. In general, 45-48. 
 
 b. Gifts; trusts, 49-53. 
 
 c. Partnership bet^veen, 54. 
 
 d. Antenuptial contract; mar- 
 
 riage settlement, 55-61. 
 
 VI. Actions, 62-69a. 
 
 a. In general, 62. 
 
 b. For personal injury or 
 
 death, 63-65. 
 
 c. Alienation of affections, 
 
 66, 67. 
 
 d. Criminal conversation, 68. 
 
 e. Actions bettveen, 69, 69a. 
 
 VII. Abandonment; nonsupport, 7O, 
 
 71. 
 
 I. In general. 
 
 1. Generally. 
 
 Breach of promise see BREACH OF PROMISE. 
 
 Divorce or separation, see DIVORCE AND SEP- 
 ARATION. 
 
 Marriago, see MARRIAGE. 
 
 Power to dispose of private property, see 
 CONSTITUTIONAL LAW, 28. 
 
 7f flint) T..JJ.A. Jtiftests of Cases. 
 
 HUSBAND AND WIFE, I. cont'd 
 
 Implied contract to pay for services of, see 
 CONTRACTS, 5. 
 
 Domicil of married woman, see DOMICIL 
 AND RESIDENCE, 3. 
 
 Presumption and burden of proof as to mat- 
 ters between, see EVIDENCE, 111. 
 
 Privileged character of communications be- 
 tween, see EVIDENCE, 223. 
 
 Improvements by, see IMPROVEMENTS, 8. 
 
 Collusiveness against one, of judgment 
 against the other, see JUDGMENT, 45. 
 
 Revocation of will of, see WILLS, 36, 37. 
 
 As witnesses, see WITNESSES, 17-21. 
 
 Allowance for mental anguish because of 
 negligence in transmission of telegram 
 relating to illness or death of husband 
 or wife, see DAMAGES, 102. 
 
 When are husband and wife living together 
 within meaning of workmen's compen- 
 sation act. L.R.A.1916A, 370. 
 
 Wife as an "employee" of husband within 
 meaning of Workmen's Compensation 
 Acts. L.R.A.1918F, 205. 
 
 Common-law wife as a "dependent" within 
 meaning of Workmen's Compensation 
 Statutes. L.R.A.1918F, 484. 
 
 Personal contributory negligence of wife 
 riding in vehicle driven or controlled 
 by husband. L.R.A.1915E, 232. 
 
 Notice to husband or wife to redeem from 
 tax sale. 44 L.R.A. (N.S.) 679. 
 
 Admissibility of finding of coroner to prove 
 that one spouse predeceased the other. 
 45 L.R.A.(N.S.) 408. 
 
 Telegraph company's duty as to discovering 
 sendee of message addressed to married 
 woman. 22 L.R.A.(N.S.) 765. 
 
 Survivor's right to compel or restrain re- 
 moval of remains of deceased spouse. 3 
 L.R.A.(N.S.) 488. 
 
 Necessity for administration in devolution 
 of personalty as to decedent's husband/ 
 or wife. 15 L.R.A. 495. ( 
 
 Estoppel of tenant's wife to deny landlord's 
 title. 30 L.R.A.(N.S.) 1102. 
 
 Omitting part of will of married woman 
 from probate. 34 L.R.A. (N.S.) 973. 
 
 Marketability of title where deed is not 
 executed, or is improperly executed by 
 husband or wife. 38 L.R.A. (N.S.) 20. 
 
 Assault on wife as sufficient provocation to 
 reduce homicide to manslaughter. 17 
 L.R.A.(N.S.) 795. 
 
 Federal courts following state decisions as 
 to construction and effect of married 
 women's acts. 40 L.R.A.(N.S.) 431. 
 
 2. Alien wife. 
 
 Effect of marriage on wife's status as an 
 alien. 22 L.R.A. 148; L.R.A.1916D, 
 132. 
 
 Right of alien wife of alien to naturaliza- 
 tion. 29 L.R.A.(N.S.) 829. 
 
 3. Marital infidelity. 
 
 As to adultery generally, see ADULTERY. 
 As ground for divorce, see DIVORCE AND 
 SEPARATION, 22. 
 
 Belief in marital infidelity as insane delu- 
 sion. 37 L.R.A. 273. 
 
 Assault to prevent seduction of, or commis- 
 sion of adultery with, wife in future. 
 18 L.R.A.(N.S.) 688.
 
 660 
 
 INDEX TO L.R.A. NOTES. 
 
 HUSBAND AND WIFE, I. cont'd 
 
 Degree of homicide in killing wife as affect- 
 ed by her confession of, or declaration 
 of intent to commit adultery. 38 L.R.A. 
 (N.S.) 99. 
 
 Right of self-defense against attack due 
 to defendant's illicit relations with 
 wife or other relative of assailant. 46 
 L.R.A.(N.S.) 13. 
 
 Construction and effect of provisions requir- 
 ing prosecution for adultery to be on 
 complaint of husband or wife. J.9 
 L.R.A.(N.S.) 786. 
 
 Proof necessary to establish bastardy of 
 child born to married woman. 36 
 L.R.A.(N.S.) 255. 
 
 4. Contracts of husband or wife with 
 third person. 
 
 Contracts between husband and wife, see 
 infra, V. 
 
 Conveyances or mortgages to third persons, 
 see infra, 39-42. 
 
 Validity of contract to pay debt of mar- 
 ried woman, see CONTRACTS, 83. 
 
 Contracts procured by threats of prosecution 
 
 of husband. 20 L.R.A. (N.S.) 484; 
 
 L.R.A.1915D, 1118. 
 
 Validity of contract by third person to pay 
 one spouse to return to the other. 31 
 
 L.R.A.(N.S.) 44]. 
 Wife as agent of husband in contracting for 
 
 services of other persons. L.R.A.1918F, 
 
 25. 
 
 //. Husband's rights and liabilities, 
 a. Rights. 
 
 5. Generally. 
 
 Husband as agent for wife, see infra, 15. 
 Property rights, see infra, IV. 
 Right of action, see infra, VI. 
 Insurable interest of husband in wife's 
 property, see INSURANCE, 25. 
 
 Insurable interest of husband, as such, in 
 life of wife. 2 B. R. C. 410. 
 
 Avoidance of contract of either spouse in- 
 duced by threats to prosecute the other. 
 26 L.R.A. 60. 
 
 Waiver by husband of stipulation in build- 
 ing contract with wife that alterations 
 or extras must be ordered in writing. 
 48 L.R.A.(N.S.) 582. 
 
 It. Liabilities. 
 
 6. Generally. 
 
 Liability of property, see infra, IV. 
 Liability for nonsupport, see infra, VII. 
 Liability for alimony, see DIVORCE AND 
 
 SEPARATION, V. 
 Ratification by husband, see RATIFICATION, 
 
 2. 
 
 Homicide by excessive chastisement of wife. 
 
 GO L.R.A. 803. 
 Liability of estate of husband for wife's 
 
 funeral expenses. 52 L.R.A. (N.S.) 
 
 1154. 
 
 Begin with this boolc on every law question. 
 
 HUSBAND AND WIFE, II. b cont'd 
 7. For necessaries. 
 
 Furnished to infant, see INFANTS, 18, 19.. 
 
 Liability for money loaned to wife to buy 
 necessaries. 23 L.R.A. 132. 
 
 Husband's liability for services rendered to 
 wife in divorce suit. 24 L.R.A. 629; 
 L.R.A.1915C, 467. 
 
 Conclusiveness as to third persons in ac- 
 tion for necessaries of decree in suit 
 for divorce or annulment as to facts 
 adjudicated as distinguished from 
 status established. 38 L.R.A. (N.S.) 
 560. 
 
 8. necessaries furnished wife 
 while living with husband. 
 
 In general. 65 L.R.A. 529; 47 L.R.A. (N.S.) 
 
 279; 7 B. R. C. 396. 
 Personal necessaries. 65 L.R.A. 529; 47 
 
 L.R.A. (N.S.) 279. 
 Family necessaries. 65 L.R.A. 532; 47 
 
 L.R.A. (N.S.) 280. 
 Husband's liability affected by style of life 
 
 he adopts. 65 L.R.A. 534; 47 L.R.A. 
 
 (N.S.) 281. 
 Presumptive agency arising from cohabita- 
 
 tion. 65 L.R.A. 539; 47 L.R.A. (N.S.) 
 
 281. 
 Authority implied from husband's assent to 
 
 previous transactions. 65 L.R.A. 548; 
 
 47 L.R.A.(N.S.) 282; 7 B. R. C. 407. 
 Liability of husband by reason of estoppel 
 
 or ratification. 65 L.R.A. 549; 47 
 
 L.R.A.(N.S.) 282; 7 B. R. C. 407. 
 W 7 hen husband is an infant. 65 L.R.A. 550, 
 Money loaned wife to purchase necessaries. 
 
 65 L.R.A. 550; 47 L.R.A. (N.S.) 283. 
 In absence of certainty as to whom credit 
 
 was given. 65 L.R.A. 551; 47 L.R.A. 
 
 (N.S.) 283. 
 Statutes. 65 L.R.A. 551; 47 L.R.A. (N.S.) 
 
 283; 7 B. R. C. 396. 
 Funeral expenses and medical attendance 
 
 during wife's last sickness. 47 L.R.A. 
 
 (N.S.) 283. 
 Liability for necessaries furnished reputed 
 
 wife. L.R.A. 1917B, 1290. 
 
 8a. necessaries furnished wife 
 while living apart from husband. 
 
 Separation through fault or misconduct of 
 
 husband. L.R.A.1917A, 958. 
 Separation through fault or misconduct of 
 
 wife. L.R.A.1917A, 963. 
 Separation bv mutual consent or agreement. 
 
 L.R.A.19"l7A, 965. 
 Liability for necessaries furnished pending 
 
 suit for divorce. L.R.A.1917A, 966. 
 Effect of wife having means of her own. 
 
 L.R.A.1917A, 967. 
 
 Duty of tradesmen to make inquiry as to 
 
 'husband's liability. L.R.A.1917A, 968. 
 
 Necessity for and effect of notice not to give 
 
 wife credit. L.R.A.1917A, 968. 
 Burden of proving liability. L.R.A. 1917A, 
 
 969. 
 Effect of agreement by husband to pay. 
 
 L.R.A.1917A, 970.
 
 INDEX TO L.R.A. NOTES. 
 
 061 
 
 HUSBAND AND WIFE, II. b cont'd 
 9. For debts of wife. 
 
 Liability for fees of wife's counsel in di- 
 vorce suit, see DIVORCE AND SEPAR- 
 ATION, 39-40a. 
 
 Husband's liability for money loaned to wife 
 to buy necessaries. 23* L.R.A. 132. 
 
 Validity of husband's express promise to 
 pay debt previously contracted by wife. 
 7 L.R.A. (N.S.) 1048. 
 
 10. antenuptial indebtedness. 
 
 Effect of intermarriage between debtor and 
 creditor upon the indebtedness. 21 I 
 L.R.A. (N.S.) 683; L.R.A.1915D, 1126. 
 
 Liability of community property for. 19 
 L.R.A. 235. 
 
 11. For torts of wife. 
 
 Liability for libel or slander by wife, see 
 LIBEL AND SLANDER, 5. 
 
 Effect of married women's acts upon hus- 
 band's liability for wife's torts. 14 
 L.RJMN.S.) *1003; 25 L.R.A.(N.S.) 
 840; L.R.A.1915A, 491. 
 
 Liability of community property for. 36 
 L.R.A. (N.S.) 88. 
 
 Liability for wife's conduct in alienating 
 affection of another's husband. L.R.A. 
 1918A, 517. 
 
 ///. Wife's fights, disabilities, and lia- 
 bilities. 
 
 a. Rights and disabilities generally. 
 
 12. Generally. 
 
 Property rights, see infra, IV. 
 Right of action, see infra, VI. 
 Acknowledgment by married woman, see 
 
 ACKNOWLEDGMENT. 
 Estoppel of married woman, see ESTOPPEL, 
 
 4, 8. 
 Civil remedies of wife for sale of liquor to 
 
 husband, see INTOXICATING LIQUORS, 
 
 41. 
 Wife's right to redeem from foreclosure sale, 
 
 see MORTGAGE, 88. 
 Capacity of married woman to make will, 
 
 see WILLS, 12. 
 Effect of disability of coverture on running 
 
 of limitations, see LIMITATION OF AT- 
 
 TIONS, 46. 
 
 Removal of disabilitieis as affecting rule re- 
 garding revocation of woman's will by 
 marriage. L.R.A.1918B, 943. 
 
 Validity and effect of deed or mortgage by 
 married woman executed in blank as 
 to the land to be conveyed. L.R.A. 
 1918A, 1156. 
 
 Effect of retaining statement of account be- 
 tween husband and w r ife to render it an 
 account stated. 29 L.R.A. (N.S.) 341. 
 
 Right of husband to prevent wife engaging 
 in a separate business in competition 
 with his own business. 32 L.R.A. (N.S.) 
 837. 
 
 Wife as witness before grand jury. 28 
 L.R.A. 322. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HUSBAND AND WIFE, III. a cont'd 
 Effect of consent of beneficiary who is a 
 married woman on personal liability 
 of a trustee for losses to trust estate 
 from investments. 44 L.R.A. (N.S.) 
 987. 
 
 13. Right to insure husband's life. 
 
 See INSURANCE, 31. 
 
 14. Insanity of husband as affecting 
 wife's disability. 
 
 Generally; wife as head of family. 34 
 
 L.R.A. 223. 
 As to separate property and rights of wife. 
 
 34 L.R.A. 224. 
 
 As to dower rights. 34 L.R.A. 224. 
 As to community property. 34 L.R.A. 225. 
 As to property and rights of husband. 34 
 
 L.R.A. 225. 
 
 b. Power to contract. 
 
 15. Generally. 
 
 Power to contract with husband, see infra, 
 V. 
 
 Power to make antenuptial contract, see in- 
 fra, 55-60. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 12. 
 
 Ratification of married woman's contracts, 
 see CONTRACTS, 111. 
 
 Wife's statement of account. 27 L.R.A. 819. 
 
 Ownership of separate estate, trade, or busi- 
 ness as a condition of married woman's 
 right to contract. 4 L.R.A. (N.S.) 547. 
 
 Effect of mistake of law as to contract of 
 married woman as ground of reforma- 
 tion. 28 L.R.A.(N.S.) 873. 
 
 Power of married woman to become memoes 
 of partnership. L.R.A.1916D, 
 1233. 
 
 Validity of contract by married woman in- 
 capable of binding herself as surety, 
 to indemnify one against liability as 
 surety for a third person. L.R.A. 
 1915B, 1116. 
 
 Competency to enter into arbitration agree- 
 ment/ 47 L.R.A. (N.S.) 345. 
 
 Power of married women to compromise or 
 settle a bastardy proceeding. L.R.A. 
 1918D, 303. 
 
 16. As surety. 
 
 Obligation purporting to be that of married 
 woman as principal, which, to knowl- 
 edge of payee or obligee, is used to dis- 
 charge debt of third person, as a con- 
 tract of suretyship. 18 L.R.A.(N.S.) 
 81. 
 
 Power of married woman, under statute giv- 
 ing her sole control of her separate 
 estate, to become surety for one other 
 than her husband. 17 L.R.A.( N.S.I 
 676. 
 
 Contract to indemnify one against liability 
 as surety for a third person. L.R.A. 
 1915B,* 1116.
 
 INDEX TO L.R.A. NOTES. 
 
 HUSBAND AND WIFE, III. b cont'd 
 8 17. for husband. 
 
 Conflict of laws as to capacity of married 
 woman to become surety for her hus- 
 band. 57 L.R.A. 513; L.R.A.1916A, 
 1054. 
 
 Right of third parties to set up defense of 
 wife's suretyship in execution of incum- 
 brance on property held by entireties 
 to secure husband's debt. 66 L.R.A. 
 637. 
 
 18. Agency of husband for wife. 
 
 In contracting for services of other persons. 
 L.R.A.1918F, 20. 
 
 Proof of husband's agency for wife by ev- 
 idence of similar acts by husband. 17 
 L.R.A.(N.S.) 223. 
 
 Insurable interest of husband as agent in 
 wife's property. 66 L.R.A. 658; 45 
 L.R.A.(N.S.) 1131. 
 
 19. Effect of new promise after dis- 
 coverture. 
 
 New promise after discoverture to sustain 
 contract of. 53 L.R.A. 366. 
 
 Validity of new promise by woman, after 
 discoverture, to pay debt incurred dur- 
 ing coverture. 7 L.R.A. (N.S.) 1053; 
 33 L.R.A.(N.S.) 741. 
 
 c. Liabilities. 
 
 20. Generally. 
 Liability of property, see infra, IV. 
 Liability for libel, see LIBEL AND SLANDER, 
 5. 
 
 Fraud or mistake regarding legal effect of 
 wife's signing contract with husband. 
 L.R.A.1918A, 496. 
 
 Enforcement of wife's liability under stat- 
 ute of other state for debt contracted by 
 husband. 17 L.R.A. (N.S.) 426. 
 
 Liability of estate of married woman for 
 funeral expenses. 33 L.R.A. 662; 52 
 L.R.A.(N.S.) 1154. 
 
 Avoidance of contract of either spouse in- 
 duced by threats to prosecute the other. 
 26 L.R.A. 60. 
 
 21. For necessaries. 
 
 Liability of married woman for necessaries 
 
 purchased by her. 33 L.R.A. (N.S.) 
 
 426; L.R.A.1915D, 1184. 
 What constitutes necessaries within statute 
 
 rendering wife or her property liable 
 
 therefor. L.R.A.1917F, 861. 
 
 22. For family expenses. 
 
 Implied liability of wife for family expen- 
 ses; rules in various states. 15 L.R.A. 
 717. 
 
 What constitute "family expenses" within 
 statute rendering wife or her property 
 liable therefor. 21 L.R.A. (N.S.) 277; 
 32L.R.A.(N.S.) 940; L.R.A.1917F, 861. 
 
 Liability of wife for family expenses as af- 
 fected by act of husband. 3 L.R.A. 
 (N.S.) 145. 
 
 Effect of husband's discharge upon statu- 
 tory liability of wife for family ex- 
 penses. 14 L.R.A.(N.S.) 1032. 
 
 Begin with this booTc on every law question. 
 
 HUSBAND AND WIFE, III. c cont'd 
 Enforcement of wife's liability under statute 
 of another state for a debt contracted 
 by her husband. 17 L.R.A. (N.S.) 426. 
 
 23. For legal services in divorce 
 suit. 
 
 Liability of married woman for legal serv- 
 ices in divorce suit. 24 L.R.A. 634; 34 
 L.R.A.(N.S.) 1080; L.R.A.1917F, 362. 
 
 24. For torts and crimes. 
 
 Liability of community property for. 36 
 
 L.R.A. (N.S.) 88. 
 Duress of wife by husband as excuse for 
 
 crime. 19 L.R.A. 358. 
 
 25. For use and safety of her prem- 
 ises. 
 
 Liability of married woman for the use and 
 safety of premises owned by her. 23 
 L.R.A. 622; 19 L.R.A.(N.S.) 531. 
 
 IF. Property rights. 
 
 a. In general. 
 
 26. Generally. 
 
 Property transactions between husband and 
 wife, see infra, V. 
 
 Conflict of laws as to rights in matrimonial 
 property, see CONFLICT OF LAWS, 27. 
 
 Tenancy by the curtesy of the wife's estate, 
 see CURTESY. 
 
 Descent of property to husband or wife, see 
 DESCENT AND DISTRIBUTION, 7. 
 
 Effect of divorce on property rights, see 
 DIVORCE AND SEPARATION, 50-54. 
 
 Wife's right of dower in husband's property, 
 see DOWER. 
 
 Widow's allowance, see EXECUTORS AND AD- 
 MINISTRATORS, 55, 55a. 
 
 Rights in homestead, see HOMESTEAD. 
 
 Rights as to income, see INCOME, 3. 
 
 Husband's insurable interest in wife's prop- 
 erty, see INSURANCE, 25. 
 
 Election by widow, between dower and will, 
 see WILLS, 112-115. 
 
 Insurable interest of wife in husband's 
 property L.R.A.1918A, 793. 
 
 Insurance effected by wife of property owner 
 as violation of provision against addi- 
 tional insurance. L.R.A.1918D, 781. 
 
 Devise or bequest to one described as "hus- 
 band," "wife," or "widow" as affected 
 by illegality or nonexistence of mar- 
 riage. L.R.A.1917B, 1153. 
 
 Notice to husband or wife to redeem from 
 tax sale. 44 L.R.A.(N.S.) 679. 
 
 Revocation of consent given by one spouse 
 to will of the other in the latter's life- 
 time. L.R.A.1915E, 835. 
 
 Succession tax upon property received by a 
 surviving spouse. L.R.A. 1916C. 675. 
 
 Right of children as against surviving hus- 
 band to homestead of parent. 56 L.R.A. 
 70. 
 
 Right of wife during husband's lifetime to 
 redeem from mortgage on his real prop- 
 erty. 3 L.R.A.(N.S.) 1068.
 
 INDEX TO L.R.A. NOTES. 
 
 663 
 
 HUSBAND AND WIFE, IV. a conf d 
 
 Effect of husband's life estate to suspend 
 or prevent running of statute of limita- 
 tions against wife's title to real estate 
 adversely possessed. 10 L.R.A. (N.S. ) 
 86. 
 
 Notice of title to land from possession by 
 husband and wife. 13 L.R.A. (N.S.) 
 126.. 
 
 Circumstances sufficient to put purchaser of 
 negotiable paper on inquiry as to 
 rights of husband or wife of party there- 
 in. 29 L.R.A.(N.S.) 367. 
 
 Right of man to dispose of ornaments and 
 wearing apparel purchased by him for 
 his wife's use. 11 L.R.A. (N.S*.) 380. 
 
 Uce of words of singular import as affect- 
 ing quantum of estate in deed to hus- 
 band and wife. L.R.A.1918E, 798. 
 
 Who takes under gift to "husband" or 
 "wife," or "widow." 33 L.R.A.(N.S.) 
 816. 
 
 Husband's right under devise and bequest 
 to others subject to his "legal rights." 
 2 L.R.A. (N.S.) 1193. 
 
 Sustaining, in Federal courts, in bankruptcy 
 case, equitable rights of wife which 
 were not recognized by local law. 1 
 L.R.A. (N.S.) 321. 
 
 Duty, as between husband and wife, to pay 
 taxes. 32 L.R.A. 751. 
 
 ft. Tenancy by the entireties. 
 
 27. Generally. 
 
 Adverse possession by tenant by entireties, 
 see ADVERSE POSSESSIOX, 8. 
 
 Definition. 30 L.R.A. 306. 
 
 Who can hold this estate. 30 L.R.A. 306. 
 
 Nature of the interest of each spouse. 30 
 L.R.A. 308. 
 
 Survivorship of one of the spouses after the 
 death (actual or civil) of the other. 30 
 L.R.A. 310. 
 
 Operation of technical rules on the entirety 
 estate. 30 L.R.A. 312. 
 
 Where and to what extent entirety estates 
 exist. 30 L.R.A. 314. 
 
 In what subjects, estates, and interests en- 
 tirety may exist. 30 L.R.A. 317. 
 
 Personal property held by entireties. 22 
 L.R.A. 594; 30 L.R.A. 317. 
 
 Creation of entirety estates. 30 L.R.A. 320 ; 
 33 L.R.A.(N.S.) 166. 
 
 The share taken by husband and wife under 
 a limitation to them and another or 
 others. 30 L.R.A. 326. 
 
 Disposition or encumbrance of entirety prop- 
 erty. 30 L.R.A. 327. 
 
 The effect of divorce on the entirety prop- 
 erty. 30 L.R.A. 333; 10 L.R.A. (N.S.) 
 463; L.R.A.1915C, 396. 
 
 Partition between tenants by entireties. 30 
 L.R.A. 335; 42 L.R.A. 98. 
 
 Adverse possession and the statute of limi- 
 tations. 30 L.R.A. 335. 
 
 Creation of tenancy by entireties by con- 
 veyance, to one spouse only, of interest 
 in property of which the other already 
 owns the whole or a part. 33 L.R.A". 
 (N.S.) 166. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HUSBAND AND WIFE, IV. b cont'd 
 
 Effect upon character of estate as one by 
 entireties under a conveyance to both 
 spouses, of the fact that one of them 
 already had an estate in the land. 25 
 L.R.A.(N.S.) 167. 
 
 Validity of encumbrance by husband and 
 wife of property held by the entire- 
 ties to secure the individual debt 
 of the husband. 66 L.R.A. 632. 
 
 Insurable interest by husband, as tenant by 
 the entirety. 66 L.R.A. 660. 
 
 Respective rights of husband and wife to 
 the income or products from an estate 
 held by the entirety. 19 L.R.A. (N.S.) 
 1037. 
 
 Liability of estate by entireties for hus- 
 band's debts. 36 L.R.A. (N.S.) 205. 
 
 Judgment against individual as lien on in- 
 terest of tenant by entireties. 9 L.R.A. 
 (N.S.) 1026; 42 L.R.A.(N.S.) 555; 
 L.R.A.1918C, 1015. 
 
 Discharge of liability of one spouse on judg- 
 ment against both as affecting lien on 
 estate by entireties. L.R.A.1916D, 
 115. 
 
 Succession tax upon death of one tenant 
 of estate held by entireties. L.R.A. 
 1916C, 678. 
 
 c. Community property. 
 
 28. Generally. 
 
 Competency as witness of husband or wife 
 of party to action involving a dece- 
 dent's estate where the community in- 
 terests of the parties are affected. 
 L.R.A.1917A, 28. 
 
 Allegations of ownership in indictment for 
 larceny of. 3 B. R. C. 785. 
 
 Husband's insurable interest in. 66 L.R.A. 
 661; 45 L.R.A. (N.S.) 1131. 
 
 Partition of homestead in community prop- 
 erty. 56 L.R.A. 79; 4 L.R.A. (N.S.) 
 797. 
 
 Effect of conveyance of, by husband to wife. 
 69 L.R.A. 378. 
 
 Applicability of the community-property 
 laws of the state to real property ac- 
 quired from the Federal government. 
 26L.R.A.(N.S.) 1117. 
 
 Right of one spouse living apart from the 
 other to claim community rights in 
 property as against persons ignorant 
 of relationship. 29 L.R.A.(N.S.) 468. 
 
 Power of legislature to restrict husband's 
 right to alienate or encumber communi- 
 ty property. 36 L.R.A.(N.S.) 1040. 
 
 Effect of husband's insanity. 34 L.R.A. 225. 
 
 Liability of community property to succes- 
 sion tax. 20 L.R.A. (N.S.) 208; 39 
 L.R.A.(N.S.) 1107; L.R.A.1916C, 676. 
 
 29. What is. 
 
 Character of property as community or sep- 
 arate where title is initiated before, but 
 not completed until after, death of one 
 spouse. 17 L.R.A.(N.S.) 154; 46 L.R.A. 
 (N.S.) 1033.
 
 >64 
 
 INDEX TO L.R.A. NOTES. 
 
 HUSBAND AND WIFE, IV. c cont'd 
 Profits accruing during marriage in con- 
 nection with property belonging to sep- 
 arate estate of either spouse as commu- 
 nity property. 31 L.R.A. (N.S.) 1092. 
 Presumption as to common hoard when 
 earnings of both spouses or of family 
 arc; invested in the name of one spouse. 
 
 35 L.R.A.(N.S.) 713. 
 
 Power of legislature to change increment or 
 income of separate property from com- 
 munity property to separate property, 
 or vice versa. 37 L.R.A. (N.S.) 186. 
 
 As affected by separate character impressed 
 by law of other state on funds with 
 which the property was purchased. 29 
 L.R.A. (N.S.) 781. 
 
 30. Effect of divorce or annulment 
 of marriage. 
 
 Division of community property upon annul- 
 ment of marriage. 36 L.R.A. (N.S.) 
 845. 
 
 Effect of divorce on community property in 
 absence of adjudication. 11 L.R.A. 
 (N.S.) 103. 
 
 31. Interest of children in. 
 
 Descent or continuance to family of home- 
 stead in community property. 56 
 L.R.A. 46. 
 
 Relative rights of widow and children with 
 reference to community homesteads. 56 
 L.R.A. 69. 
 
 Effect of alienation or encumbrance of com- 
 munity homestead by surviving spouse 
 on rights of children. 56 L.R.A. 73. 
 
 32. Liability for debts. 
 
 Liability of community property for debts. 
 
 " 19 L.R.A. 233. 
 Liability of community for personal injury. 
 
 36 L.R.A.(N.S.) 88. 
 
 Liability of community for husband's fraud. 
 
 27 L.R.A. (N.S.) 1022. 
 Remedy of judgment creditor of community 
 
 after death of one of the spouses. 
 
 L.R.A.1917C, 502. 
 
 d. Wife's separate estate. 
 
 33. Generally. 
 
 Competency as witness of husband of par- 
 ty to an action involving decedent's 
 estate where only wife's separate es- 
 tate is affected. L.R.A.1917A, 27. 
 
 Allegations of ownership of property of 
 married woman in indictment for lar- 
 ceny. 3 B. R. C. 779. 
 
 Effect of husband's insanity on wife's sepa- 
 rate property. 34 L.R.A. 224. 
 
 Ownership of separate estate, trade or bus- 
 iness, as a condition of married women's 
 right to contract. 4 L.R.A. (N.S.) 547. 
 
 Power of married woman under statute giv- 
 ing her sole control of her separate es- 
 tate to become surety for one other than 
 her husband. 17 L"R.A.(N.S.) 676. 
 
 Effect of one spouse joining in execution of 
 other's deed or mortgage to convey 
 former's separate property included 
 therein. 28 L.R.A. (N.S.) 289. 
 
 HUSBAND AND WIFE, IV. d confd 
 34. What is. 
 
 Conveyance by husband to wife as creating 
 separate estate. -69 L.R.A. 370. 
 
 Character of property as community or sep- 
 arate where title is initiated before but 
 not completed until after death of one 
 spouse. 17 L.R.A. (N.S.) 154. 
 
 Life insurance policy in waiver of married 
 woman or its proceeds as her separate 
 estate. 37 L.R.A. (N.S.) 582. 
 
 Profits accruing during marriage in connec- 
 tion with property belonging to sepa- 
 rate estate of either spouse as commu- 
 nity property. 31 L.R.A. (N.S.) 1092. 
 
 Effect of investment by husband in his own 
 name of wife's separate property in 
 real estate, to create trust in her favor. 
 6 L.R.A. (N.S.) 381; 26 L.R.A. (N.S.') 
 161. 
 
 Power of legislature to change increment of 
 income from separate property from 
 community property to separate prop- 
 erty or vice versa. 37 L.R.A. (N.S.) 
 186. 
 
 Married woman's clothing or jewelry pur- 
 chased with husband's money as her 
 separate property. 4 B. R. C. 611. 
 
 35. Liens on. 
 
 Mechanics' lien on building erected by hus- 
 band on wife's land. 62 L.R.A. 374. 
 
 36. Liability for wife's debts. 
 
 When separate property of married woman 
 
 chargeable with cost of improvement. 
 
 3 L.R.A.(N.S.) 307. 
 Liability of separate estate of wife for her 
 
 funeral expenses. 6 L.R.A.(N.S.) 917: 
 
 37 L.R.A.(N.S.) 754. 
 
 37. Liability for husband's debts. 
 
 Injunction against execution sale of wife's 
 property. 30 L.R.A. 112, 118. 
 
 Right of husband's creditors to roach fruits 
 or his management of, or services in 
 connection with wife's separate estate 
 or business. 21 L.R.A. 629: 23 L.R.A. 
 (N.S.) 1124. 
 
 e. Conveyances 
 
 to \vife 
 sons. 
 
 1>y tJiird per- 
 
 Betjln icith this book on evert/ lau- question. 
 
 38. Generally. 
 
 Creation of estate by entireties bv, see su- 
 pra, 27. 
 
 Conveyance bv husband to wife, see infra, 
 47. 
 
 Parol evidence to show consideration in deed 
 to a married woman. 20 L.R.A. 312. 
 
 Effect of conveyance to wife by third person 
 at instance of husband. 69 L.R.A. 367. 
 
 Validity of limitation upon power of aliena- 
 tion imposed upon grant or devise of 
 equitable estate to married woman. 2S 
 L.R.A. (N.S.) 426; L.R.A.1917A, 679. 
 
 /. Conveyances or mortgages to third 
 persons. 
 
 38a. Generally. 
 
 Conveyance of homestead, see HOMESTEAD, 
 IV.
 
 INDEX TO L.R.A. NOTES. 
 
 665 
 
 HUSBAND AND WIFE, IV. f cont'd 
 Lease as encumbrance or conveyance within 
 statute requiring joinder or consent of 
 spouse. 39 L.R.A. (N.S.) 675. 
 
 39. By one spouse only in general. 
 
 Right to specific performance where wife 
 refuses to unite in conveyance, see 
 SPECIFIC PERFORMANCE, 19. 
 
 Right of one to dedicate land of other. 31 
 
 L.R.A. (N.S.) 1025. 
 Disposition or encumbrance by one spouse 
 
 of property held by entireties. 30 
 
 L.R.A. 328. 
 
 40. By husband alone. 
 
 Conveyance of homestead, see HOMESTEAD, 
 10. 
 
 Specific performance of contract for con- 
 veyance not signed by wife. 24 L.R.A. 
 763. 
 
 Failure of wife to join in partition deed. 
 57 L.R.A. 340. 
 
 Effect of sale or mortgage of future crops 
 as asrainst wife. 23 L.R.A. 466. 
 
 Power of ler 'ature to restrict husband's 
 right to ilienate or encumber com- 
 munity property. 36 L.R.A. (N.S.) 
 1040. * 
 
 41. By wife alone. 
 
 Conveyance of homestead, see HOMESTEAD, 
 11. 
 
 Release by married woman of interest in 
 estate. 65 L.R.A. 583. 
 
 Liability of married woman on her cove- 
 nant. 22 L.R.A. 779. 
 
 Estoppel of married woman by covenant 
 from acquiring superior title. 22 L.R.A. 
 780. 
 
 Estoppel of married woman by recitals in 
 deed. 22 L.R.A. 780. 
 
 Effect of nonjoinder of husband in wife's 
 executory contract to convey where his 
 joinder is essential to a conveyance. 
 30 L.R.A. (N.S.) -353. 
 
 Parol evidence to show consideration in deed 
 by married woman. 20 L.R.A. 112. 
 
 42. By both husband and wife. 
 
 Conveyance of homestead, see HOMESTEAD, 
 . 9-14. 
 
 Operation and effect of conveyance in which 
 a wife joins with her husband. 22 
 L.R.A. 782. 
 
 Validity of encumbrance of property held 
 by the entireties, to secure husband's 
 individual debt. 66 L.R.A. 632. 
 
 Effect of one spouse joining in the execu- 
 tion of the other's deed or mortgage, 
 to convey the former's separate prop- 
 erty included therein. 28 L.R.A.(N.S.) 
 289. 
 
 Disposition or encumbrance by both spouses 
 of property held by entireties. 30 
 L.R.A. 327.' 
 
 Consult also L.R.A. Digests of Cases. 
 
 HUSBAND AND WIFE cont'd 
 
 g. Fraud on marital rights. 
 
 43. Generally. 
 
 Right of wife to give away her personal 
 property without husband's consent. 
 3 L.R.A. (N.S.) 769. 
 
 Right of husband to give away his personal 
 
 property without wife's consent. 3 
 
 L.R.A.(N.S.) 774; 21 L.R.A. (N.S.) 533. 
 
 Right of wife to relief against conveyance 
 
 or transfer made or contemplated 
 
 by her husband in fraud of her 
 
 support. 18 L.R.A.(N.S.) 1147. 
 
 43a. Before marriage. 
 
 Conveyance of . property in contemplation 
 of, but before negotiations for, mar- 
 riage, as a fraud. 9 L.R.A. (N.S.) 955. 
 
 Dower rights in property fraudulently con- 
 veyed before marriage. 48 L.R.A. 
 (N.S.) 513. 
 
 h. RigJits of creditors. 
 
 44. Generally. 
 
 Husband's liability for wife's debts, see 
 
 supra, 7-10. 
 Liability of community property for debts, 
 
 see supra, 32. 
 Liability of wife's separate property for 
 
 her debts, see supra, 36. 
 Liability of wife's separate property for 
 
 husband's debts, see supra, 37. 
 Transactions between husband and wife in 
 
 fraud of creditors, see FRAUDULENT 
 
 CONVEYANCES, 21a. 
 
 Garnishment of husband's interest in wife's 
 legacy or distributive share. 47 L.R.A. 
 360. 
 
 Levy on interest in crops. 23 L.R.A. 260. 
 
 V. Transactions between, 
 a. In general. 
 
 45. Generally. 
 
 Husband as agent of wife, see supra, 18. 
 
 Agreements relating to divorce or separa- 
 tion, see DIVORCE AND SEPARATION, 
 58, 59. 
 
 Right to compensation for services rendered 
 to each other. 15 L.R.A. 215. 
 
 Revocation of consent given by one spouse 
 to will of the other in the latter's 
 lifetime. L.R.A.1915E, 815. 
 
 Validity and enforceability of bond to one 
 spouse conditioned for maintenance of 
 family relation or proper conduct of 
 other spouse. L.R.A.1917D, 445. 
 
 Validity of contract by husband to pay 
 wife for services. L.R.A.1917D, 268. 
 
 46. Liarceny, embezzlement, robbery, 
 or arson of other spouse's property. 
 
 Larceny or embezzlement by one spouse of 
 other's property. 29 L.R.A. (N.S.) 830. 
 
 Robbery by taking property from wife. 67 
 L.R.A. 346.
 
 666 
 
 INDEX TO L.R.A. NOTES. 
 
 HUSBAND AND WIFE, V. a cont'd 
 Arson by one spouse burning property of 
 other. 21 L.R.A.(N.S.) 27. 
 
 47. Effect of conveyance by husband 
 to wife. 
 
 Antenuptial conveyances, see infra, 55- 
 
 60. 
 Conveyance to wife by third person, see 
 
 supra, 38. 
 Conveyance of homestead, see HOMESTEAD, 
 
 13. 
 
 At common law. 69 L.R.A. 353. 
 
 In equity. 69 L.R.A. 357. 
 
 Effect of statutes. 69 L.R.A. 363. 
 
 Conveyance by third person at instance of 
 
 husband. 69 L.R.A. 367. 
 Consideration. 69 L.R.A. 368. 
 Does conveyance create separate estate. 69 
 
 L.R.A. 370. 
 Remaining interest of husband. 69 L.R.A. 
 
 374. 
 Rights against husband's heirs. 69 L.R.A. 
 
 377. 
 
 Homestead and communitv. 69 L.R.A. 378. 
 Effect of divorce. 69 L.R.A. 379. 
 P'orm and provisions of conveyance. 69 
 
 L.R.A. 380. 
 
 48. Transfers from wife to husband. 
 
 Burden of proof of husband's debt to wife 
 on account of property received from 
 her. 56 L.R.A. 817. 
 
 Validity of direct cbnveyance by wife to 
 husband. 20 L.R.A. 702; 31 L.R.A. 
 (N.S.) 844. 
 
 Validity of conveyance of wife's real prop- 
 erty to husband through himself 
 as trustee or through a third per- 
 son. L.R.A.1915C, 767. 
 
 6. Gifts; trusts. 
 
 49. Gifts between. 
 
 Gifts in fraud of marital rights, see supra, 
 
 43. 
 Gift to third person, see GIFT, 7. . 
 
 Validity of gift of personalty from husband 
 to wife. 2 L.R.A. 716;* 5 L.R.A. 579;* 
 69 L.R.A. 355. 
 
 Rights in respect to compensation for im- 
 provements on land, made in good faith, 
 under an oral contract or gift. 53 
 L.R.A. 337. 
 
 Right of husband to dispose of ornaments 
 and wearing apparel purchased by him 
 for his wife's use. 11 L.R.A.(N.S.) 
 389. 
 
 Independent advice as condition of valid gift 
 inter vivos between. 16 L.R.A. (N.S.) 
 1087. 
 
 Gift by will as affected by wife's promise to 
 testator. 20 L.R.A. 467. 
 
 Does expectation of one spouse on making 
 gift to other that latter will allow 
 former to share in benefits of the prop- 
 erty raise implied trust to that effect. 
 24 L.R.A.(N.S.) 1043. 
 
 Begin urith this booh on every law question. 
 
 HUSBAND AND WIFE, V. b cont'd 
 Applicability of statutory provision for res- 
 toration of property in case of divorce, 
 to voluntary gifts between husband and 
 wife. 39 L.R.A. (N.S.) 193. 
 
 50. effect of marital misconduct. 
 
 Misconduct of wife as affecting gift to her 
 before, and in consideration of, mar- 
 riage. 6 L.R.A.(N.S.) 785. 
 
 Marital misconduct of one spouse as avoid- 
 ing gift by other. 35 L.R.A. (N.S.) 124. 
 
 51. gift in fraud of creditors. 
 
 See FRAUDULENT CONVEYANCES, 21a. 
 
 52. Gifts to one by parents of other, 
 
 Gift of one spouse by the parent of the 
 other as advancement or ademption. 26 
 L.R.A.(N.S.) 1050. 
 
 53. Trusts. 
 
 Insurable interest of husband, as trustee, in 
 wife's property. 66 L.R.A. 659. 
 
 Effect of statute of limitations on the trust 
 relationship arising from the taking 
 of title in the husband's name to lands 
 inherited by or purchased with the 
 money of the wife. 12 L.R.A. (N.S.) 
 493. 
 
 Effect of investment by husband in his own 
 name of wife's separate property in real 
 estate to create trust in her favor. 6 
 L.R.A.(N.S.) 381; 26 L.R.A.(N.S.) 
 161. 
 
 Does expectation of one spouse upon mak- 
 ing gift of property to the other that 
 the latter will allow the former to 
 share in the benefit of the property 
 raise an implied trust to that effect. 
 24 L.R.A.(N.S.) 1043. 
 
 Constructive trust in deed of homestead by 
 husband to wife with proviso attempt- 
 ing to derogate from her right of sur- 
 vivorship. 1 L.R.A. (N.S.) 312. 
 
 Does the common-law rule precluding an ex- 
 ecutory contract or action at law be- 
 tween husband and wife apply where 
 the husband acts as a trustee or in 
 some other representative capacity. 11 
 L.R.A.(N.S.) 273.- 
 
 Wife's right to secure husband's property at 
 tax sale. 9 L.R.A. (N.S.) 674. 
 
 Appointment of trustee to protect alimony. 
 38 L.R.A.(N.S.) 270. 
 
 Enforcement in equity of grantee's oral 
 promise to grantor to hold in trust in 
 case of conveyance between husband 
 and wife. 39 L.R.A. (N.S.) 925. 
 
 c. Partnership between. 
 
 54. Generally. 
 
 Partnership between husband and wife. 9 
 L.R.A. 593*; 16 L.R.A. 526. 
 
 d. Antenuptial contract; marriage set- 
 tlement. 
 
 55. Generally. 
 
 Transaction in fraud of prospective wife or 
 
 husband, see supra, 43a. 
 Loss of dower right by, see DOWER. 9.
 
 INDEX TO L.R.A. NOTES. 
 
 667 
 
 HUSBAND AND WIFE, V. c cont'd 
 
 Conflict of laws as to. 57 L.R.A. 368; 29 
 L.R.A.(N.S.) 783. 
 
 Meaning of words "unmarried" and "with- 
 out having been married" in marriage 
 settlement. 15 L.R.A. 293. 
 
 Validity of marriage settlement as against 
 creditors. 13 L.R.A. 712;* 32 L.R.A. 
 43. 
 
 Validity of antenuptial contract by one par- 
 ty to support the other. 15 L.R.A. 
 (N.S.) 491. 
 
 Validity 'of contract relinquishing rights in 
 intended husband's estate, signed by in- 
 tending wife in ignorance of her legal 
 rights. 9 L.R.A. (N.S.) 953. 
 
 Validity of antenuptial contract making 
 provision for wife in the event of her 
 obtaining divorce for subsequent fault 
 of husband. L.R.A.1918A, 384. 
 
 Waiver of right* to widow's allowance by 
 antenuptial agreement. 25 L.R.A. 
 (X.S.) 751. 
 
 Power to bar dower by antenuptial agree- 
 ment sufficient in equity but not con- 
 forming to any statutory method of 
 barring dower. 17 L.R.A. (N.S.) 
 866. 
 
 Marriage settlements under rule in Shelley's 
 Case. 29 L.R.A.(N.S.) 1143. 
 
 56. Effect of statute of frauds. 
 
 Postnuptial written contract to confirm an- 
 tenuptial oral contract relinquishing 
 rights in property. 11 L.R.A.(N.S.) 
 593. 
 
 57. Consideration for. 
 
 Agreement to comply with marriage con- 
 tract as consideration for new promise. 
 34 L.R.A. 37. 
 
 58. Disaffirmance of. 
 
 Right of woman to disaffirm marriage set^ 
 tlement executed while she was an in- 
 fant, 12 L.R.A.(N.S.) 1184. 
 
 59. Enforcement of. 
 
 Specific performance of contract to provide 
 for intended husband or wife. 12 
 L.R.A.(N.S.) 232. 
 
 Right of party to antenuptial marriage set- 
 tlement who is in default to enforce 
 covenants to be performed by the other 
 party. 26 L.R.A. (N.S.) 858. 
 
 60. Effect of marital misconduct. 
 
 Misconduct of wife as affecting deed or gift 
 to her before and in consideration of 
 marriage. 6 L.R.A.(N.S.) 785. 
 
 61. Contracts of third persons. 
 
 Specific performance of agreement by third 
 person to make provision for parties 
 to contemplated marriage. 7 L.R.A. 
 (N.S.) 734. 
 
 VI. Actions, 
 a. In general. 
 
 62. Generally. 
 
 Imputing husband's negligence to wife, see 
 
 Negligence, 44. 
 Consult also L.R.A. Digests of Cases. 
 
 HUSBAND AND WIFE, VI. a cont'd 
 Husband or wife as witness, see WITNESSES, 
 17-21. 
 
 Which is real party in interest by whom 
 action must be brought. 64 L.R.A. 
 610. 
 
 Publication of process against married wom- 
 an in her maiden name. 19 L.R.A. 
 (N.S.) 984. 
 
 Set-off in bankruptcy cases. 55 L.R.A. 47. 
 
 Right of either spouse to sue for wrongs to 
 property held bv entireties. 30 L.R.A. 
 309. 
 
 Wife's right of action at common law 
 against one selling drugs or liquor to 
 husband. 40 L.R.A. (N.S.) 360. 
 
 Delay of feme covert in paying purchase 
 price or bringing suit as bar to action 
 for specific performance of contract for 
 sale of land of w r hich time is not of 
 the essence. 25 L.R.A. (N.S.) 639. 
 
 Action for mutilation of corpse. L.R.A. 
 1915B, 521. 
 
 Right of husband to sue for libel or slander 
 of wife. 45 L.R.A. (N.S.) 767. 
 
 Wife's right of action for enticement or 
 abduction of child. 1 L.R.A.(N.S.) 
 362; 45 L.R.A. (N.S.) 872. 
 
 Right of married woman to maintain ac- 
 tion for board or lodging of, or 
 services rendered to, a third person 
 living in the home. 46 L.R.A. 
 (N.S.) 238. 
 
 Right of mother of minor who has enlisted 
 without his parent's consent in army, 
 navy or militia, to prosecute writ for 
 his discharge. 39 L.R.A.(N.S.) 459. 
 
 Conviction or acquittal of marital offense 
 as bar to a subsequent prosecution. 40 
 L.R.A.(N.S.) 615. 
 
 Joinder of wife in action by husband to re- 
 cover for her services rendered outside 
 the home. L.R.A.1917E, 298. 
 
 b. For personal injury or death. 
 
 63. By husband. 
 
 Measure of damages for injury to wife, see 
 
 DAMAGES, 59. 
 Measure of damages for death of wife, see 
 
 DAMAGES, 66. 
 
 Damages sustained on account of injuries 
 to husband and to wife at the same 
 time as constituting one or more than 
 one cause of action. L.R.A.1917C, 544. 
 
 Does husband's action for damages sus- 
 tained by him on account of personal 
 injuries to wife abate by his own death 
 or that of the wrongdoer. 17 L.R.A. 
 (N.S.) 570. 
 
 Right of husband to recover for loss of con- 
 sortium through personal injury to 
 wife. 33 L.R.A.(N.S.) 1042; L.R.A. 
 1915D, 524. 
 
 Right of husband to recover in action for 
 breach of warranty, for loss of services 
 of wife, occasioned by her injury or 
 death in consequence of such breach. 
 3 B. R. C. 197.
 
 CCS 
 
 INDEX TO L.R.A. NOTES. 
 
 HUSBAND AND WIFE, VI. b cont'd 
 
 Right of husband to recover lor illicit in- 
 tercourse with wife accomplished by 
 force. 52 L.R.A. (N.S.) 373. 
 
 Husband's statutory right of action for 
 death of wife. L.R.A. 19] 6E, 126. 
 
 Conclusiveness of judgment in wife's suit 
 for personal injuries in husband's ac- 
 tion for loss of services and expenses. 
 10 L.R.A.(N.S.) 140. 
 
 Right of husband to recover for loss of 
 wife's property transported as part of 
 his baggage. L.R.A.1918C, 114. 
 
 64. husband's negligence as bar to 
 recovery. 
 
 Husband's negligence as bar to recovery for 
 personal injuries to wife. 22 L.R.A. 
 460; 8 L.R.A. (N.S.) 656. 
 
 imputing husband's negligence to wife in- 
 jured while riding with him. 14 L.R.A. 
 733; L.R.A.1915A, 764. 
 
 65. By wife, 
 
 Extent of recovery by wife for personal in- 
 jury to her, see DAMAGES, 59a, 60. 
 
 Measure of damages for death of husband, 
 see DAMAGES, 66. 
 
 Effect of disability of coverture on running 
 of limitations, see LIMITATION OF AC- 
 TIONS, 46. 
 
 Damages sustained on account of injuries 
 to husband and to wife at the same 
 time, as constituting one or more than 
 one cause of action. L.R.A.1917C, 544. 
 
 Right of wife to sue for personal injury to 
 husband. 40 L.R.A. (N.S.) 236. 
 
 Wife's statutory right of action for death 
 of husband. L.R.A.1916E, 128. 
 
 Wife's right to recover for loss of consor- 
 husband. 24 L.R.A. (N.S.) 1024; L.R.A. 
 1916E, 703. 
 
 Imputing negligence of one spouse to the 
 other. 14 L.R.A. 733; 8 L.R.A. (N.S.) 
 656; L.R.A.1915A, 764. 
 
 Wife's right of action at common law 
 against one selling drugs or liquor to 
 - husband. 40 L.R.A.(N.S.) 360. 
 
 Desertion or nonsupport by deceased as 
 affecting action for death. 32 L.R.A. 
 (N.S.) 362. 
 
 Right of deserted wife to recover for death 
 or injury to child. 31 L.R.A. (N.S.) 
 519. 
 
 Right of wife to recover for loss of hus- 
 band's property contained in her bag- 
 gage. L.R.A.1918C, 114. 
 
 Right of married woman to recover for serv- 
 ices rendered outside the home. L.R.A. 
 1917E, 282. 
 
 c. Alienation of affections. 
 
 66. Generally. 
 
 Measure of damages for, see DAMAGES. 
 50b. 
 
 Conspiracy to alienate affections. 3 L.R.A. 
 
 (N.S.) 470. 
 May action for alienation of affections rest 
 
 upon a breach of contract or negligent 
 
 tort. L.R.A.1917B, 680. 
 
 Begin icith this booJc on every law question. 
 
 I HUSBAND AND WIFE, VI. c cont'd 
 
 Liability of parent for causing separation 
 of husband and wife. 9 L.R.A. (N.S.) 
 322. 
 
 Effect of fact that husband or wife of plain- 
 tiff in action for alienation of affections 
 was the active and aggressive partv. 
 16 L.R.A. (N.S.) 742; 43 L.R.A. (N.S") 
 332. 
 
 Competency of one spouse to testify as to 
 misconduct of other spouse in action 
 for. 39 L.R.A. (N.S.) 317. 
 
 Are communications between husband and 
 wife tending to show affection, or the 
 contrary, privileged. 2 L.R.A. (N.S.) 
 708. 
 
 Right to testify as to intent in action for. 
 23 L.R.A.(N.S.) 391. 
 
 Conclusiveness as to third persons in action 
 for alienation of affections of decree in 
 suit for divorce or annulment as to 
 facts adjudicated as distinguished from 
 status established. 38 L.R.A.(N.S.) 
 560; L.R.A.1915C, 870. 
 
 Malice as essential to an action for aliena- 
 tion of affections, in absence of 
 meretricious relations. 46 L.R.A. 
 (N.S.) 465. 
 
 Divorce or separation as affecting action. 
 46 L.R.A.(N.S.) 10S4. 
 
 Extent of alienation necessary to sustain 
 action against stranger. L.R.A.1916E, 
 1091. 
 
 67. Action by wife 
 
 Right of wife, under modern married wom- 
 en's acts, to sue for alienation of the 
 affections of her husband. 4 L.R.A. 
 (N.S.) 643; 29 L.R.A. (N.S.) 842; 
 L.R.A.1916A, 67. 
 
 d. Criminal conversation. 
 
 68. Generally. 
 
 Measure of damages for, see DAMAGES, 
 50b. 
 
 Right of action for criminal conversation 
 or enticement of wife as asset of bank- 
 rupt. 43 L.R.A. (N.S.) 941. 
 
 Divorce or separation as affecting action 
 for. 46 L.R.A. (N.S.) 1084. 
 
 Validity of agreement in settlement of 
 cause of action for. 36 L.R.A. (N.S.) 
 995. 
 
 Effect of condonation of infidelity on right 
 of action for crim. con. 6 B. R. C. 649. 
 
 Evidence of character of husband or wife 
 in action for criminal conversation. 14 
 L.R.A.(N.S.) 749. 
 
 Effect of fact that the husband or wife of 
 plaintiff in an action for criminal con- 
 versation was the active and aggressive 
 party. 16 L.R.A. (N.S.) 742. 
 
 Mental suffering of husband as an element 
 of damages in criminal conversation. 
 16 L.R.A. (N.S.) 674. 
 
 Conclusiveness as to third persons in ac- 
 tions for, of decree in suit for divorce 
 or annulment as to facts adjudicated 
 as distinguished from status estab- 
 lished. 38 L.R.A.(N.S.) 559.
 
 INDEX TO L.R.A. NOTES. 
 
 6G9 
 
 HUSBAND AND WIFE, VI. d cont'd 
 Competency of one spouse as witness to 
 
 show misconduct of other in action for. 
 
 39 L.R.A.(N.S.) 316. 
 
 e. Actions between. 
 
 Effect as to claim by wife against husband, 
 of statutory removal of disability of 
 coverture to repeal exception in Stat- 
 ute of Limitations in favor of mar- 
 ried women. L.R.A.1918C, 203. 
 
 69. Generally. 
 
 Wife's right to sue husband on contract. 
 5 L.R.A. (N.S.) 611. 
 
 Recovery by mother against father for 
 money expended in support of chil- 
 dren. 38 L.R.A.(N.S.) 508. 
 
 Does common law rule precluding action at 
 law between husband and wife apply 
 where husband acts as trustee or in 
 some other representative capacity? 11 
 L.R.A. (N.S.) 273. 
 
 Right of assignee of claim from one spouse 
 to maintain action against the other 
 spouse. 31 L.R.A. (N.S.) 1148. 
 
 Recovery by mother against father for 
 money expended in support of children. 
 L.R.A1915A, 1137. 
 
 69a. for torts. 
 
 Right of wife to sue husband for personal 
 tort. 6 L.R.A.(N.S.) 191: 30 L.R.A. 
 (N.S.) 1153; 52 L.R.A. ( N.S. ) 185. 
 
 Husband's right to sue wife for personal 
 tort. 23 L.R.A.(N.S.) 699. 
 
 VII. Abandonment; nonsupport. 
 
 70. Generally. 
 
 Abandonment as ground for divorce, see Dl- 
 VOBCE AND SEPARATION, 24. 
 
 Insanity as affecting. 34 L.R.A. 164. 
 
 Effect of desertion on homestead. 16 L.R.A. 
 (N.S.) 114. 
 
 Abandoned wife as head of family within 
 homestead or exemption laws. 51 
 L.R.A. (N.S.) 1121. 
 
 Conveyance of homestead by husband after 
 abandonment by wife. 8 L.R.A. (N.S.) 
 565; L.R.A.1915D, 551. 
 
 Validity of conveyance or encumbrance of 
 homestead by wife after abandonment 
 by husband. 36 L.R.A.(N.S.) 1024. 
 
 Effect of widow's previous abandonment of 
 husband on her rights under homestead 
 and exemption laws. 4 L.R.A. (N.S.) 
 394. 
 
 Effect of husband's own adultery to prevent 
 him from relying on wife's adultery as 
 defense to an action for support. 19 
 L.R.A.(N.S.) 468. 
 
 Adultery of wife with consent or connivance 
 of husband as justification of abandon- 
 ment or nonsupport by latter. L.R.A. 
 1917D, 640. 
 
 Constitutionality of statute requiring a hus- 
 band upon conviction of abandonment 
 to provide for support of wife or fam- 
 ily. 28 L.R.A.(N.S.) 854. 
 
 Consult also L.R.A. Digests of Cases. 
 
 HUSBAND AND WIFE, VII. cont'd 
 
 Desertion or nonsupport by deceased hus- 
 band as affecting wife's right of action 
 for death. 32 L.R.A.(N.S.) 362; L.R.A. 
 1916C, 806. 
 
 Failure to support wife as desertion en- 
 titling her to divorce. 29 L.R.A.(N.S.) 
 618. 
 
 Inability of husband to support himself or 
 wife as an excuse for leaving her. 52 
 L.R.A. (N.S.) 675. 
 
 71. Criminal liability. 
 
 Cruel and unusual punishment for. L.R.A. 
 
 1915C, 570. 
 
 Criminal liability of husband for neglect of 
 
 wife, causing death. 61 L.R.A. 292 
 
 Criminal liability of infant for failure to 
 
 support wife. 36 L.R.A. 208; L.R.A. 
 
 1916E, 762. 
 
 Offense of desertion or failure to provide 
 for wife or family as affected by 
 residence of" parties. 47 L.R.A. 
 i N.S.) 218. 
 
 What amounts to nonsupport by husband 
 within criminal statutes. 49 L.R.A. 
 (N.S.) 588. 
 
 Wife as witness against husband in prose- 
 cution for abandonment. L.R.A.1917E, 
 1134. 
 
 HYDRANT. 
 
 Right to compel water company to furnish 
 general supply while municipality is in 
 default in paying hydrant rental. 34 
 L.R.A.(N.S.) 196. 
 
 Municipal liability for injury bv hydrants 
 in street. 20 L.R.A.(N.S.) *620. 
 
 H YDROPHOB IA. 
 
 Apprehension of, as basis of recovery for 
 mental anguish. 20 L.R.A.(N.S.) 458. 
 
 HYPNOTISM. 
 
 Definitions. 40 L.R.A. 269. 
 
 Its existence and effect generally. 40 L.R.A. 
 
 270. 
 Its use in procuring the commission of 
 
 crime. 40 L.R.A. 271. 
 Its use in procuring submission to criminal 
 
 acts or attacks. 40 L.R.A. 274. 
 Its use as an inquisitorial agent. 40 L.R.A. 
 
 275. 
 Its curative uses propriety of restraint. 
 
 40 L.R.A. 275. 
 Application of statute regulating practice 
 
 of medicine to hypnotists. 3 L.R.A. 
 
 (N.S.) 762; 24 L.R.A. (N.S.) 103; 25 
 
 L.R.A.(N.S.) 1297.
 
 670 
 
 INDEX TO L.R.A. NOTES. 
 
 HYPOTHECATION. 
 
 Jurisdiction of admiralty in case of. 66 
 
 L.R.A. 204, 233. 
 When contract for, will be supported. 70 
 
 L.R.A. 364, 431. 
 
 HYPOTHETICAL QUESTIONS. 
 
 As to, see EVIDENCE, 186. 
 
 I 
 
 ICE. 
 
 1. Generally. 
 
 Removal of, from sidewalk, see HIGHWAYS, 
 56. 
 
 Compelling abutting owners to remove from 
 sidewalks. 24 L.R.A. 413. 
 
 Private action for violating statute regu- 
 lating harvesting of. L.R.A. 1915E, 
 561. 
 
 Right to discharge from roof upon premises 
 of adjoining owner. L.R.A. 1916A, 693. 
 
 2. Rights as to. 
 
 Right to take ice from stream. 3 L.R.A. 
 
 (N.S.) 1103. 
 Right of public authorities to preserve, for 
 
 support. 3 L.R.A. (N.S.) 1103. 
 Right to ice on railroad right of way as 
 
 between company and fee owner. 45 
 
 L.R.A.(N.S.) 799. 
 Right as between owner of flowage rights 
 
 and owner of soil, to ice. L.R.A. 1916B, 
 
 1046. 
 Discharging matter into stream preventing 
 
 formation of, or polluting, ice. L.R.A. 
 
 1915E, 1210. 
 
 3. Sale of. 
 
 Collecting and distributing as a manufac- 
 turing business. 64 L.R.A. 66. 
 
 Right of municipal corporation to sell. 31 
 L.R.A.(N.S.) 117. 
 
 4. Duty of carriers as to icing cars. 
 
 Duty of carrier as to re-icing refrigerator 
 cars. 10 L.R.A. (N.S.) 318. 
 
 5. Liability for injury by. 
 
 On street or sidewalk, see HIGHWAYS, 56, 
 71, 84, 86, 91. 
 
 Liability of one who renders ice unsafe for 
 skating or travel. L.R.A.1918A, 408. 
 
 Servant's assumption of risk from ice on 
 working place. 19 L.R.A. (N.S.) 365. 
 
 Forgetfulness of, as contributory negligence. 
 39 L.R.A.(N.S.) 898. 
 
 Duty of railroad company as to ice on cat- 
 tle guards. 36 L.R.A. (N.S.) 997; 
 L.R.A.1915B, 134. 
 
 Landlord's liability to third person for in- 
 jury by fall of. 26 L.R.A. 201. 
 
 Duty of carrier of passengers to keep steps 
 of cars free from. 15 L.R.A. (N.S.) 
 523; 35 L.R.A. (N.S.) 592. 
 
 Liability for injury from ice formed by 
 water precipitated from adjoining 
 property. 36 L.R.A. (N.S.) 1172. 
 
 ICE cont'd 
 
 Res ipsa loquitur in action for injury on 
 
 highway by fall of ice from roof. 4$ 
 
 L.R.A.(N.S.) 597.. 
 
 ICE CREAM. 
 
 See FOOD, 6a. 
 
 ICE TONGS. 
 
 Master's liability for injury by defect in. 
 13 L.R.A.(N.S.) 679. 
 
 IDEM SONANS. 
 
 See NAME, 16. 
 
 Begtn icith tJiis boofe on every Jaiv question. 
 
 IDENTITY AND IDENTIFICATION. 
 
 I. Of persons, 1-6. 
 II. Of corporation or religious society^ 
 7. 
 
 III. Of things, 8-12. 
 I. Of persons. 
 
 1. Generally. 
 
 Identification of person by voice, see EVI- 
 DENCE, 155. 
 
 Parol evidence to identify person, see EVI- 
 DENCE, 183. 
 
 Of name, see NAME, 11. 
 
 See also IMPOSTOE. 
 
 What identity of issues is necessary to abate- 
 second action. L.R.A.1918A, 5. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 713. 
 
 Difficulty in identifying grantor with record; 
 owner as affecting marketability of ti- 
 tle. 38 L.R.A. (N.S.) 20. 
 
 As affecting bar of judgment in employee's- 
 favor against recovery from employer 
 for employer's act or default. 54 L.R.A. 
 650. 
 
 Concealment of identity by change of name 
 as interrupting statute of limitations. 
 39 L.R.A.(N.S.) 741. 
 
 Privilege of attorney against revealing iden- 
 tity of client. L.R.A.1916C, 602.
 
 INDEX TO L.R.A. NOTES. 
 
 071 
 
 IDENTITY AND IDENTIFICATION, I. 
 
 cont'd 
 Recital in certificate of acknowledgment by 
 
 married woman as to her identity. 45 
 
 L.R.A.(N.S.) 1122. 
 Liability of one who identifies an impostor, 
 
 for fraud perpetrated bv him. 51 
 
 L.RJUN.S.) 707. 
 
 2. Necessity and duty as to identifi- 
 cation. 
 
 Of person alleged to be writer of handwrit- 
 ing sought to be proved. 63 L.R.A. 
 981. 
 
 Payment of savings bank deposit to fraudu- 
 lent claimant on fraudulent claim of 
 identity. 69 L.R.A. 327. 
 
 Necessity of identification as foundation 
 for admitting conversation or communi- 
 cation by telephone. 6 L.R.A. (N.S.) 
 1180; L.R.A. 1918D, 720. 
 
 Carrier's right to demand identification be- 
 forr delivery of goods. 37 L.R.A. 178. 
 
 Broker's duty to disclose to principal iden- 
 tity of purchaser. 53 L.R.A. 241. 
 
 Duty of telegraph company to ascertain 
 identitv or authority of sender of mes- 
 sage. 4 L.R.A.(N.S.) 181. 
 
 Power to require one who has caused an 
 injury to identify himself. 40 L.R.A. 
 (N.S.) 622. 
 
 3. Mistake as to identity. 
 
 As excuse for assault, see ASSAULT AND 
 BATTERY, 6. 
 
 Mistake as to identity of person libeled or 
 
 slandered. 47 L.R.A. (N.S.) 240. 
 Mistake as to identity of juror as ground 
 
 for new trial. 50 L.R.A. (N.S.) 972. 
 Right to avoid contract because of mistake 
 
 as to identity of other party thereto. 
 
 L.R.A.1916D, 801. 
 Seller's mistake as to identity of vendee, as 
 
 affecting the passing of the title to the 
 
 goods sold. 13 L.R.A. (N.S.) 413; 
 
 L.R.A.1918B, 975. 
 Assault with intent to murder or kill by 
 
 unlawful act under mistaken identity 
 
 of person assaulted. 37 L.R.A. (N.S. ) 
 
 172. 
 Mistake as to identity of victim as affecting 
 
 homicide. 33 L.R.A. (N.S.) 1070. 
 
 4. Mode and sufficiency of identifica- 
 tion. 
 
 Use of photograph to show. 35 L.R.A. 807 ; 
 51 L.R.A.(N.S.) 851. 
 
 Identification of a person by voice. 13 
 L.R.A.(N.S.) 373. 
 
 Compelling accused to exhibit himself to 
 determine. 28 L.R.A. 699. 
 
 Right to take or retain in rogues gallery 
 picture of one accused of crime before 
 conviction. 7 L.R.A. (N.S.) 274; 23 
 L.R.A. (N.S.) 739; L.R.A.1916A, 743. 
 
 Sufficiency of identification as foundation 
 for admitting conversation or commu- 
 nication by telephone. 6 L.R.A. (N.S.) 
 
 nso. 
 
 Opinions of witnesses as to identity of per- 
 son referred to in action for defama- 
 tion of unnamed person. 48 L.R.A. 
 (N.S.) 364. 
 
 Consult also L.R.A. Digests of Cases. 
 
 IDENTITY AXD IDENTIFICATION, I. 
 cont'd 
 
 Sufficiency of evidence to establish identity 
 in action for defamation of unnamed 
 person. 48 L.R.A.(N..) 369. 
 
 5. Presumption and burden of proof 
 as to identity. 
 
 See EVIDENCE, 26. 
 
 6. Of remains of victim of homicide. 
 
 Of corpse generally, see CORPSE, 2. 
 
 Sufficiency of circumstantial evidence to 
 identify remains found as those of per- 
 son charged to have been killed. 7 
 L.R.A.(N.S.) 181. 
 
 17. Of corporation or religious society. 
 
 % 1. Generally. 
 
 Of employing and contracting company. 65 
 L.R.A. 507. 
 
 In case of schism or division in religious 
 society. 24 L.R.A. (N.S.) 696. 
 
 Letters identified only by prosecutrix as cor- 
 roboration of her testimony to prove 
 seduction or rape. 49 L.R.A. (N.S.) 
 1198. 
 
 Identifying misapplied trust funds to fol- 
 low and recover them. L.R.A.1916C, 
 21. 
 
 III. Of things. 
 
 8. Generally. 
 
 Of ballots, see ELECTION, 20. 21. 
 Sufficiency of selection or designation of 
 
 goods sold out of a larger lot, see SALE. 
 
 13. 
 
 Right of witness to express opinion aa to. 
 L.R.A.1918A, 717, 141. 
 
 Justification in libel or slander as to iden- 
 tity of offense charged. 21 L.R.A. 508. 
 
 Identification of extrinsic document referred 
 to in will. 68 L.R.A. 381. 
 
 Identification of substance bv odor. 42 
 L.R.A.(N.S.) 854. 
 
 Admissibility of secondary evidence to iden- 
 tify record of justice of the peace. 2 
 L.R.A.(N.S.) 652. 
 
 Necessity for identifying things found by 
 aid of involuntary or inadmissible con- 
 fession. 53 L.R.A. 407. 
 
 9. Of goods sold. 
 
 Distinction between warranty or identity 
 and warranty of quality. 35 L.R.A. 
 (N.S.) 265. 
 
 Intention as test of sale with particular 
 description of kind or quality when 
 words referable to identity are used. 35 
 L.R.A.(N.S.) 275. 
 
 Sufficiency of identification for purposes of 
 executory contract whore goods are or- 
 dered by reference to catalogue or price 
 list. 31 L.R.A.(N.S.) 927. 
 
 Mistake as to identity of property as ground 
 of relief from purchase at auction. 34 
 L.R.A.(N.S.) 927.
 
 INDEX TO L.R.A. NOTES. 
 
 IDENTITY AND IDENTIFICATION, III 
 
 cont'd 
 10. Of property given by will. 
 
 idcntiticntion of land described in will. 6 
 L.R.A. (N.S.) 956; L.R.A.1915E, 1008. 
 
 Failure to identify the subject-matter of a 
 devise or bequest. 36 L.R.A. (N.S.) 
 
 018. 
 
 11. Of pleadings. 
 
 Between new and old pleadings within rule 
 as to limitation of actions. 3 L.R.A. 
 (N.S.) 275; 33 L.R.A.(N.S.) 197; 47 
 L.R.A.(N.S.) 932. 
 
 12. Of handwriting. 
 
 Opinion evidence as to, see EVIDENCE, 
 198-205. 
 
 Of handwriting used as standard for com- 
 parison. 63 L.R.A. 433. 
 
 IDIOTS. 
 
 As to incompetent persons generally, see Ix- 
 
 COMPETENT PERSONS. 
 
 Actions by. 2 L.R.A. (N.S.) 961. 
 
 IGNORANCE. 
 
 1. Generally. 
 
 Effect of, on criminal responsibility, see 
 
 Criminal Law, 13, 14. 
 Of minority of person to whom liquor is 
 
 sold, see INTOXICATING LIQUORS, 29. 
 As to mistake, see MISTAKE. 
 
 Of cause of action as suspending statute of 
 limitations against action for personal 
 injuries or death. L.R.A.1917B, 1259. 
 
 Ignorance of law as no excuse entitling to 
 equitable relief. 28 L.R.A. (N.S.) 796. 
 
 Disqualifying grand- juror. 28 L.R.A. 205. 
 
 Liability of physician for. 37 L.R.A. 833. 
 
 Adverse possession due to ignorance as to 
 boundary. 21 L.R.A. 829; 33 L.R.A. 
 (N.S.) 923. 
 
 Evidence of specific instances to prove igno- 
 rance of servant. 14 L.R.A. (N.S.) 772. 
 
 Servant's ignorance of contents of a release 
 given by him for injuries previously 
 received. 48 L.R.A. (N.S.) 447. 
 
 Of debt, as affecting assumption of debts on 
 dissolution of partnership. 48 L.R.A. 
 (N.S.) 551. 
 
 Effect of owner's ignorance of alterations 
 or extras on right to recover therefor 
 under building contract containing 
 stipulation that alterations or extras 
 must be ordered in writing. 48 L.R.A. 
 (N.S.) 585. 
 
 Estoppel against assertion of title or in- 
 terest in real property by concealing the 
 same or representing it to be in another 
 as affected by ignorance of person claim- 
 ing estoppel. 48 L.R.A. (N.S.) 770. 
 
 2. Of party to contract. 
 
 As affecting right to equitable relief from 
 contract by which one has been over- 
 reached. 5 L.R.A.(N.S.) 799. 
 
 IGNORANCE cont'd 
 
 Effect of validity of contract of one party's 
 ignorance that it was executed by the 
 other on Sunday. 18 L.R.A. (N.S.) 
 1176. 
 
 Ignorance that article furnished as butter is 
 oleomargarin as a defense. 32 L.R.A. 
 (N.S.) 746. 
 
 Of debt as affecting assumption of. on dis- 
 solution of partnership. 9 L.I I. A. 
 (N.S.) 70. 
 
 Broker's right to commissions when pale is 
 made by the owner in ignorance of 
 former's instrumentality in procuring 
 purchaser. 8 L.R.A. (N.S.) 153. 
 
 Ignorance of extent of his legal rights by 
 servant giving release from injury pre- 
 viously received. 11 L.R.A. (N.S/) 198. 
 
 Servant's ignorance of the contents of a 
 release given by him for injuries pre- 
 viously received. 11 L.R.A. (N.S. i !!)!. 
 
 3. Of party paying money. 
 
 Kight to recover back overpayment made in 
 
 ignorance of former payment. 24 
 
 L.R.A.(N.S.) 517. 
 Right of bank to recover amount paid on 
 
 check in ignorance of insolvency of 
 
 drawer who was indebted to it. 33 
 
 L.R.A.(N.S.) 963. 
 Right to recover back license fee voluntarily 
 
 paid in ignorance of law. 22 L.R.A. 
 
 (N.S.) 863. 
 
 ILLEGAL ACTS. 
 
 Injunction against, see INJUNCTION, 16, 
 
 17. 
 
 Power of counsel to license. 45 L.R.A. 500. 
 
 ILLEGAL BUILDING. 
 
 Individual liability for fall of. 
 562. 
 
 34 L.R.A. 
 
 ILLEGALITY. 
 
 Of contracts, see CONTRACTS, IV. 
 
 Begin ivith this boofc on every law question. 
 
 ILLEGAL USE. 
 
 Validity of lease of premises for illegal use, 
 see CONTRACTS, 76. 
 
 Right of one intending to make illegal tise 
 of property to invoke aid of court for 
 recovery from one who has wrongfully 
 taken the same. 39 L.R.A. (N.S.) 
 ]093. 
 
 Property held for, as subject of larcenv. 
 L.R.A.1918D, 690.
 
 INDEX TO L.R.A. NOTES. 
 
 673 
 
 ILLEGITIMACY. 
 
 1. Generally. 
 
 Action for death of illegitimate child or 
 
 for deatli of parent of. see DEATH, 
 
 8. 
 
 As to bastardy proceedings, see BASTARDY. 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 15. 
 Presumptions and burden of proof as to, 
 
 see EVIDENCE, 24. 
 
 Belief as to, as insane delusion. 37 L.R.A. 
 274. 
 
 Use of lunatic's property to support illegiti- 
 mate children. 34* L.R.A. 298. 
 
 Illegitimate child as a "dependent" within 
 restriction as to beneficiaries of mutual 
 benefit associations. 2 L.R.A. (N.S.) 
 653. 
 
 Illegitimate children as "dependents" with- 
 in meaning of Workmen's Compensation 
 Statutes. L.R.A.1918F, 485. 
 
 Right of one in loco parent is to maintain 
 action for seduction of an illegitimate. 
 35 L.R.A.(X.S-) 1062. 
 
 Right to recover for negligent killing of il- 
 legitimate, or to maintain action for 
 benefit of illegitimate for negligent 
 killing of relative. 2 L.R.A. (N.S.) 
 640. 
 
 Conclusiveness as to third persons, . in 
 actions involving legitimacy of chil- 
 dren, of decree in suit for divorce or 
 annulment as to facts adjudicated as 
 distinguished from status established. 
 38 L.R.A. (N.S.) 560. 
 
 Domicil of illegitimate child. 49 L.R.A. 
 (N.S.) 803. 
 
 Status of child begotten after divorce be- 
 tween parents. 51 L.R.A. (N.S.) 308. 
 
 2. Right of mother or reputed father 
 to custody or control of illegitimate. 
 
 Mother generally entitled to custody. 65 
 L.R.A. 689. " 
 
 Reputed father's right to custody in gen- 
 eral. 65 L.R.A. 690. 
 
 Rights of mother or reputed father as 
 against each other. 65 L.R.A. 690. 
 
 Rights of mother or reputed father as 
 against other persons. 65 L.R.A. 
 692. 
 
 Right of mother or reputed father to guard- 
 ianship of child. 65 L.R.A. 695. 
 
 Right of mother or reputed father as 
 against guardian of child. 65 
 L.R.A. 696. 
 
 Rights of mother or reputed father in pro- 
 ceedings affecting custodv. 65 
 L.R.A. 696. 
 
 2a. Services of illegitimate child. 
 
 Who may recover for. 44 L.R.A. (N.S.) 
 1137.' 
 
 3. Legitimation. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS. 
 
 ILLEGITIMACY cont'd 
 
 Necessity of parent's consent to adoption of 
 illegitimate child. 30 L.R.A. (N.S.) 
 152. 
 
 Effect of subsequent marriage of parents on 
 antenuptial issue. 13 L.R.A. 275. 
 
 Effect of statute legitimating issue of void 
 or voidable marriage. L.R.A.1916C, 
 764. 
 
 What amounts to recognition within stat- 
 utes affecting the status or rights of 
 illegitimates. L.R.A.1916E, 659. 
 
 4. Rights of illegitimate children. 
 
 Inheritance by, through, or from illegiti- 
 mate persons, see DESCENT AND DIS- 
 TRIBUTION, 5. 
 
 Right of illegitimate children in homestead 
 
 of parent. 56 L.R.A. 55. 
 Extrinsic evidence to show that testator in 
 
 devising property to children intended 
 
 to include illegitimate children. 47 
 
 L.R.A.(N.S.) 534. 
 
 5. Evidence as to. 
 
 Presumption and burden of proof as . to 
 legitimacy, see EVIDENCE, 24. 
 
 Sufficiency of evidence as to. see EVIDENCE, 
 296. 
 
 Parol evidence as to resemblance on issue 
 of, 52 L.R.A. 500. 
 
 Competency of woman to testify as to non- 
 access "of husband. 2 L.R.A."(N.S.) 619; 
 L.R.A.1916B, 1053. 
 
 Evidence of declarations to show maternity 
 of illegitimate child. 11 L.R.A. (N.S.) 
 1052. 
 
 Admissibility of declarations of relatives of 
 claimant to prove legitimacy or re- 
 lationship of illegitimate. 36 L.R.A. 
 (N.S.) 533; L.R.A.1915D, 215. 
 
 Admissibility of declarations of person 
 since deceased against his or her own 
 marriage. 15 L.R.A. (N.S.) 190. 
 
 ILL FAME. 
 
 House of, see DISORDERLY HOUSE. 
 
 *-- 
 
 ILL HEALTH. 
 
 Sickness generally, see SICKNESS. 
 
 As defense to action for breach of promise. 
 40 L.R.A. (N.S.) 585; L.R.A.1916D, 
 1276. 
 
 ILLICIT COHABITATION. 
 
 Legitimation of offspring of adulterous re- Illicit cohabitation as a nuisance or crim- 
 
 lations. 1 L.R.A. (N.S.) 773. inal offense. L.R.A.1916C, 653. 
 
 Consult also L.R.A. Digests of Cases. 43
 
 674 INDEX TO L.R.A. NOTES. 
 
 ILLICIT INTERCOURSE. 
 
 See also ADULTERY; DISORDERLY HOUSES; 
 FORNICATION; ILLICIT RELATIONS; IN- 
 CEST; LASCIVIOUS COHABITATION; 
 LEWDNESS ; PROSTITUTION ; SEDUCTION. 
 
 Injunction against enforcing contracts for. 
 
 48 L.R.A. 844. 
 Evidence of other 
 
 62 L.R.A. 3-2 
 Evidence of specific instances of, to prove 
 
 character of witness. 14 L.R.A. (N.S.) 
 
 697. 
 
 ILL WILL. 
 
 As insane delusion. 37 L.R.A. 267. 
 
 IMBECILITY. 
 
 ,. In general, see INCOMPETENT PERSONS. 
 * '" pr SeCUtl0n f0r " Of Testator, see WILLS, 0-15. 
 
 ILLICIT RELATIONS. 
 
 Implied contract to pay for services of per- 
 sons living in, see CONTRACTS. 6. 
 
 Enforcement of contract between parties liv- 
 ing in, see CONTRACTS, 120. 
 
 See also ADULTERY; DISORDERLY HOUSES; 
 FORNICATION ; ILLICIT COHABITATION ; 
 INCEST ; LEWDNESS ; PROSTITUTION ; 
 SEDUCTION. 
 
 Woman living in as a "dependent" within 
 restrictions as to beneficiaries of mu- 
 tual benefit associations. 2 L.R.A. 
 (N.S.) 654; 36 L.R.A. (N.S.) 209. 
 
 Right to recover for household services 
 rendered while parties were living in. 
 29 L.R.A. (N.S.) 787; L.R.A.1917B, 683. 
 
 Right to invoke aid of court to deter- 
 mine rights to property accumulated in 
 common by parties liviTvj; in illicit rela- 
 tions. 36 L.R.A.(N.S.)'S38. 
 
 Right of self-defense against attack due to 
 defendant's illicit relations with wife 
 or other relative of assailant. 46 L.R.A. 
 (N.S.) 13. 
 
 Insurance on life in favor of paramour. 47 
 L.R.A.(N.S.) 252. 
 
 ILLITERACY. 
 
 Effect of illiteracy of insured retaining 
 policy as to which insurer has been 
 guilty of fraud or mistake. 67 L.R.A. 
 740. ' 
 
 Statement of accounts by illiterate person. 
 27 L.R.A. 820. 
 
 Unknown illiteracy of juror as ground for 
 new trial. 50 L.R.A. (N.S.) 977. 
 
 Proof of knowledge by illiterate of the con- 
 tents of his will." L.R.A.1918D, 765. 
 
 Charge of, against officer or candidate for 
 office as libel or slander. L.R.A. 1918E. 
 27. 
 
 ILLNESS. 
 
 See SICKNESS. 
 
 ILL TREATMENT. 
 
 Of servant, see MASTER AND SERVANT, 6. 
 
 IMITATION. 
 
 See UNFAIR COMPETITION. 
 
 IMITATION BUTTER. 
 
 See FOOD, 9. 
 
 IMAGINATIVE USES. 
 
 Of property as element of compensation in 
 eminent domain. L.R.A.1917A, 405. 
 
 IMMATERIAL TESTIMONY. 
 
 Immateriality of testimony, see EVIDENCE, 
 XII. 
 
 May perjury be predicated of false testi- 
 mony before grand jury on immaterial 
 matters. 22 L.R.A.(N.S.) 1192. 
 
 May charge of subornation of perjury be 
 based on false testimony which is im- 
 material. 25 L.R. A. (N.S.) 120. 
 
 IMMATURITY. 
 
 Effect of immaturity of claim at time of in- 
 solvency proceedings on right of set- 
 off. 25 L.R.A. (N.S.) 393. 
 
 Finding value of immature policies of in- 
 solvent insurance company. 38 L.R.A, 
 101. 
 
 IMMEDIATE DEATH. 
 
 Apprehension of, as requisite to admissibil- 
 ity of dying declarations. 56 L.R.A.. 
 391. 
 
 IMMIGRATION. 
 
 See ALIENS. 3. 
 
 +++. 
 
 iritli tJiin booh- mi t-verif lair question. 
 
 IMMORAL CONSIDERATION. 
 
 Validity of. see CONTRACTS, g 92.
 
 INDEX TO L.R.A. NOTES. 
 
 675 
 
 IMMORALITY. 
 
 See also ADULTERY; DISORDERLY HOUSES; 
 FORNICATION; ILLICIT COHABITATION; 
 ILLICIT INTERCOURSE: ILLICIT RELA- 
 TIONS; INCEST; LASCIVIOUS COHABITA- 
 TION; LEVDNESS; PROSTITUTION; SE- 
 DUCTION. 
 
 Actionability of words charging, see LIBEL 
 AND SLANDER. 111. b. 
 
 Common law rights in immoral work. 51 
 L.R.A. 360. 
 
 Libel or slander by charge of, against pub- 
 lic oflicer or candidate. L.R.A. 19 18E, 
 37. 
 
 As ground for discharge of one employed 
 in executive or supervisory capacity. 
 L.R.A.1918C, 1038. 
 
 As ground for revoking physician's license. 
 30 L.R.A. (X.S.) 783; 43 L.R.A. ( N.S. } 
 !>12: 51 L.R.A. (N.S.) 958. 
 
 Effect of, on parent's right to custody of 
 child. 41 L.R.A.(N.S.) 590. 603. 
 
 Constitutionality of discrimination based on 
 race or color in police regulations 
 affecting. 34 L.R.A. (X.S.) 604. 
 
 Right on trial for homicide to show im- 
 morality of deceased as bearing on de- 
 fendant's intent or motive. 36 L.R.A. 
 (N.S.) 397. 
 
 State legislation for prevention of immorali- 
 ty as inferference with interstate com- 
 merce. 51 L.R.A. (N.S.) 157. 
 
 IMPASSABLE ROADS. 
 
 Liability of township for. 13 L.R.A. (N.S.) 
 1275. 
 
 IMPEACHMENT. 
 
 : Of certificate of acknowledgment, see 
 
 ACKNOWLEDGMENT, 5. 
 
 j Of dying declarations, see EVIDENCE. 242. 
 j Of judicial facts on which administration is 
 based, see EXECUTORS AND ADMINIS- 
 TRATORS, 10. 
 Of jurors as ground for new trial, see NEW 
 
 TRIAL, 8. 
 
 Of officer, see OFFICERS. 25. 
 Of enrolled bill, see STATUTES, 12. 
 Of witnesses, see WITNESSES, 41-44. 
 
 Of contradicting affidavit on application for 
 continuance. 16 L.R.A. 240. 
 
 Of indictment by showing noneoneurrence of 
 twelve grand jurors. 28 L.R.A. 35. 
 
 Right of defendant in action for conversion 
 to impeach plaintiff's title as being 
 based on contract void under statute of 
 frauds. 2 B. R. C. 733. 
 
 IMMVNITY. 
 
 Effect of agreement for immunity of accom- 
 plice testifying for prosecution, see 
 CRIMINAL LAW, 34. 
 
 Of accused giving self-incriminating testi- 
 mony, see CRIMINAL LAW, 51. 
 
 Who mav grant immunitv to witness. 
 L.R.A. 1!)18A. 376. 
 
 Right of contractor with public to immu- 
 nity which latter enjoys from liability 
 for damages. L.RJL1D16D, 511. 
 
 IMPAIRMENT OF MEMORY. 
 
 Impairment of memory as defense to prose- 
 cution for perjury. 21 . L.R.A. t X.S. | 
 993. 
 
 IMPEDIMENT. 
 
 To marriage, cohabitation after as proof of 
 marriage. 14 L.R.A. 364. 
 
 IMPENDING DANGER. 
 
 See EMERGENCY. 
 
 IMPAIRMENT OF OBLIGATION. 
 
 See CONSTITUTIONAL LAW. 30-38. 
 
 IMPANELING OF JURY. 
 
 See JURY. III. 
 
 Consult f(7.s-o L.R.A. Diverts of Cases. 
 
 IMPLICATION. 
 
 As to implied agreements, generally, see 
 CONTRACTS, 3-6: MUNICIPAL CORPO- 
 RATIONS, 58-60. 
 
 Implied covenants, see COVENANTS, 3. 4; 
 LANDLORD AND TENANT, 21, 22. 
 
 What passes by. in deed, see DEEDS, 21- 
 23. 
 
 Easement by. see EASEMENTS. 10-15. 
 
 As to implied guaranty, see OUAHANTY. 
 
 As to implied warranty. ee SALES, 26- 
 
 38. 53-59, 68. 
 
 | Repeal of statute by. see STATI'TES. 32. 
 | Devise or becjuest by. see WILLS, fi2. ' 
 
 Reasonableness of new by-laws as implied 
 condition of consent to change of bv- 
 laws. 8 L.R.A. (X.S.) 521. 
 
 Implied consent of patient to surgical opera- 
 tion. 1 L.R.A. (X.S.) 441. 
 
 Implied invitation as basis of liability for 
 injury bv attractive nuisance/ i> 
 L.R.A.(N.'S.) 1094; L.R.A. 191 5D, 
 160.
 
 C76 INDEX TO L.R.A. NOTES. 
 
 IMPLIED CONTRACTS. I 
 
 IMPOSTOR. 
 
 See CONTRACTS, 3-6; Mr.vica'Ai. CORPO- 
 RATIONS, 58-60. 
 
 IMPLIED COVENANTS. 
 
 See COVENANTS, 3, 4; LANDLORD AND 
 TENANT, 21, 22. 
 
 IMPLIED REPEAIi. 
 
 Of statutes, see STATUTES, 32. 
 
 IMPLIED TRUSTS. 
 
 See TRUSTS, 12. 
 
 IMPORTED ARTICLES. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 105. 
 
 IMPORTERS. 
 
 License of, see LICENSE, 30. 
 
 IMPORTS AND EXPORTS. 
 
 Validity of prohibition laws as limited by 
 provision of Federal Constitution 
 against laying impost on imports or 
 exports. 15 L.R.A. ( N.S. )' 929. 
 
 IMPOSSIBILITY. 
 
 As excuse for nonperformance of contract, 
 see CONTRACTS, 124, 125. 
 
 IMPOSSIBLE DATE. 
 
 Charging commission of alleged crime at. 
 2 L.R.A.(N.S.) 251. 
 
 IMPOST. 
 
 Right .of prohibition as limited by provision 
 of United States Constitution, article 1, 
 . 10. against laying an impost on im- 
 ports or exports' 15 L.R.A. (N.S.) 929. 
 
 Begin with this hnoi.- on every Jaw question. 
 
 Payment of check to, by bank, see BANKS, 
 
 25. 
 
 Note payable to, see BILLS AND NOTES, 14. 
 Delivery to, by carrier, see CARRIERS, 120. 
 
 Liability of one who identifies an impostor, 
 for fraud perpetrated by him. 51 
 
 L.R.A. (N.S.) 707. 
 
 IMPOTENCY. 
 
 Misrepresentations or concealment as to, as 
 ground for annulment of marriage. 13 
 L.R.A.(N.S.) 996. 
 
 As defense to prosecution for rape or as- 
 sault with intent to commit rape. 
 L.R.A.1915B, 131. 
 
 IMPOUNDING. 
 
 Of animals, see ANIMALS, 20. 
 
 Right of riparian owner to impound water 
 for purpose of floating logs. 35 L.R.A. 
 (N.S.) 832. 
 
 IMPRESSIONS. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 732. 
 
 IMPRISONMENT. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL- LAW, 194. 
 
 For crime generally, see CRIMINAL LAW% VI. 
 
 As ground for divorce, see DIVORCE AND 
 SEPARATION, 29. 
 
 Enforcement of alimony by, see DIVORCE 
 AND SEPARATION, 44. 
 
 False imprisonment, see FALSE IMPRISON- 
 MENT. 
 
 For debt, see IMPRISONMENT FOR DEBT. 
 
 As a disability within saving clause of 
 Statute of Limitations. L.R.A.1918F, 
 352. 
 
 Effect of duress by, to avoid marriage. 43 
 L.R.A. 816. 
 
 Threats of imprisonment by public officer as 
 duress. L.R.A.1916B, 670. 
 
 Effect of, as abandonment of homestead. 3 
 L.R.A. (N.S.) 515. 
 
 Condition of place of, as element of dam- 
 ages in action for malicious prosecution 
 or false imprisonment. 33 L.R.A. (N.S.) 
 291. 
 
 Designation of wrong place of, as ground 
 for discharge on habeas corpus. 13 
 L.R.A. (N.S.) 518. 
 
 Imprisonment of one- of the parties to a 
 contract as affecting rights and obliga- 
 tions thereunder. L.R.A.1917F, 628.
 
 INDEX TO L.E.A. NOTES. 
 
 IMPRISONMENT FOR DEBT. 
 
 Constitutionality of. 34 L.R.A. 634; L.R.A. 
 
 1915B,'64r>. 
 
 Enforcing orders and decrees of court. 
 34 L.R.A. 661; L.R.A.1915B, 
 649 
 Alimony. 34 L.R.A. 665: 17 L.R.A. 
 
 (N.S.) 1140; L.R.A.1915B, 651. 
 Constitutionality of statute providing for 
 imprisonment for breach of contract of 
 labor or rental. 21 L.R.A. (N.S.) 242. 
 Constitutionality of statute providing for 
 imprisonment for beating board bill. 
 21 L.R.A. (N.S.) 259. 
 
 Effect of discharge from imprisonment un- 
 der insolvent law on equitable remedy 
 to subject choses in action to judgment. 
 63 L.R.A. 694. 
 
 IMPROBABILITY. 
 
 Offense of obtaining money by false pre- 
 tenses as affected by improbability of 
 representations made. 6 L.R.A. (N.S. ) 
 369; L.R.A.1916C, 1104. 
 
 IMPROVEMENT COMPANIES. 
 
 For improving navigability of stream. 67 
 L.R.A. 828. 
 
 IMPROVEMENT OF NAVIGATION. 
 
 See WATERS, ]9, 20. 
 
 IMPROVEMENTS. 
 
 1. Generally. 
 
 Recovery in eminent domain for improve- 
 ments made by person seeking con- 
 demnation, see DAMAGES, 84. 
 
 Relief as to, in ejectment, see EJECTMENT, 
 12. 
 
 Estoppel by permitting making of, see ES- 
 TOPPEL. 25. 
 
 Of. highway, see HIGHWAYS, V.; PUBLIC IM- 
 PROVEMENTS. 
 
 On leased premises, see LANDLORD AND TEN- 
 ANT. 17-18. 40. 41, 4S-54. 
 
 Lien for generally, see LIENS, 11. 
 
 Mechanics' lien for. see MECHANICS' LIENS. 
 
 As to public improvements generally, see 
 PUBLIC IMPROVEMENTS. 
 
 Of navigation, see WATERS, 19, 20. 
 
 For wharf, cost of, see WHARVES, 4. 
 
 Improvement of right of way. L.R.A. 1918A, 
 
 593. 
 Right of one holding, to notice to redeem 
 
 from tax sale. 44 L.R.A. (N.S.) 676. 
 Consult also L.R.A. Vifiesl* of Cases. 
 
 IMPROVEMENTS cont'd 
 
 Treatment of cost of, in estimating the 
 return of a public service corporation 
 for rate-making purposes. 52 L.R.A. 
 (N.S.) 15. 
 
 Right of widow to dower in improvements 
 not made by husband. 3 B. R. C. 957. 
 
 Constitutionality of retroactive statute 
 creating right of action on account of. 
 52 L.R.A. 934. '. 
 
 Obstructing flow of surface water by. 21 
 L.R.A. 600. 
 
 Of canals. 61 L.R.A. 876. 
 
 Revaluation of homestead because of adding. 
 44 L.R.A. 402. 
 
 Right of relocator of mining claim as aban- 
 doned or forfeited to credit for value 
 of improvements by original locator. 
 68 L.R.A. 846. 
 
 Allowance for, in determining reasonable- 
 ness of railroad rates prescribed by the 
 state for local traffic. 15 L.R.A.(N.S.) 
 116. 
 
 Of personal property at request of bailee. 
 38 L.R.A. (N.S.) 97. 
 
 Mistake as to improvements as ground of 
 relief from purchase at auction. 34 
 L.R.A. (N.S.) 930. 
 
 Notice of title to land from. 13 L.R.A. 
 (N.S.) 92. 
 
 Right of devisee or heir to completion of 
 improvements at the expense of the es- 
 tate. 36 L.R.A. (N.S.) 303. 
 
 Evidence of structural value of improve- 
 ments to fix damages in condemnation. 
 41 L.R.A. (N.S.) 411. 
 
 Abandonment or loss of private way by im- 
 provements inconsistent with its use. 
 22 L.R.A. (N.S.) 880; 42 L.R.A. (N.S.) 
 741. 
 
 2. What are. 
 
 Plowing and cultivating land as an /'im- 
 provement." 20 L.R.A. (N.S.) 378. 
 
 3. Consent to making of. 
 
 Subsequent promise to pay for, when made 
 without promisor's consent. 53 L.R.A. 
 375. 
 
 Requiring or permitting another to make 
 improvements on land at his own ex- 
 pense as a consent by the owner which 
 will subject his interest to a lien. 11 
 L.R.A.(N.S.) 764. 
 
 4. On public lands. 
 
 See PUBLIC LANDS, 9, 10. 
 
 5. On trust property. 
 
 Trustee's power to mortgage trust estate 
 for purpose of making improvements 
 so as to render it productive. 7 L;R.A. 
 (N.S.) 263. 
 
 6. On partnership lands. 
 
 On partnership lands. 27 L.R.A. 484. 
 
 Effect of improvements, on question whether 
 real estate ia partnership property. 37 
 L.R.A. (N.S.) 904. 
 
 Widow's right to dower out of improve- 
 ments upon partnership real estate. 27 
 L.R.A. 347.
 
 (ITS 
 
 INDEX TO L.Ll.A. MOTES. 
 
 I \\ I'K< >VEMENTS cont'd 
 
 7 .. Under occupying claimant's act. 
 
 IJflief under occupying claimant's acts of 
 
 ono buying or making lawful entry on 
 
 public 'land. 70 L.R.A. 803. 
 Right to allowance for improvement* made 
 
 before acquiring color of title. 37 
 
 L.R.A. (N.S.) 918. 
 
 H. By husband or wife. 
 
 Improvements made' by husband on wife's 
 land as fraud against his creditors. 
 21 L.K.A. 6.'! 1. 
 
 Husband's right to compensation for im- 
 provements on land held by entireties. 
 30 L.R.A. 309. 
 
 When separate property of married woman 
 chargeable with costs of improvement. 
 3 L.R.A. (N.S.) 307. 
 
 Improvement of real property as a family 
 expense or necessary within statute 
 rendering wife or her property liable 
 therefor. L.R.A.1917F, 862. 
 
 9. By life tenant. 
 
 See LIFE TENANT, 9. 
 
 10. By cotenaiits. 
 
 Liability for, see COTENANCY, 9. 
 
 11. By vendor of land. 
 
 Admissibility of parol evidence as to im- 
 provements to be made on tract from 
 which a lot is sold. 36 L.R.A. (N.S.) 
 896. 
 
 Right of vendee to rescind executory con- 
 tract for sale of land because of vend- 
 or's breach of covenant to make im- 
 provements. 21 L.R.A.(N.S.) 823; 
 L.R.A.1917B, 403. 
 
 12. By purchaser of land. 
 
 Specific performance of oral contract to con- 
 vey real estate in consideration of mak- 
 ing improvements where possession is 
 not taken. 33 L.R.A. (N.S.) 534. 
 
 Right of one in possession under void fore- 
 closure sale to payment for. 40 L.R.A. 
 (N.S.) 845. 
 
 13. Under oral contract. 
 
 Rights in respect to compensation for im- 
 provements on land, made in good 
 faith, under an oral contract or 
 gift. 53 L.R.A. 337. 
 
 Effect of making improvements under lease 
 for term beyond that permitted by stat- 
 ute to entitle lessee to hold" during 
 term. 3 L.R.A. (N.S.) 854. 
 
 14. By one holding under tax deed. 
 
 Right of one holding under invalid tax deed 
 to be reimbursed for improvements. 34 
 L.R.A. (N.S.) 549. 
 
 14a. By mortgagee in possession. 
 
 Right and duty of mortgagee in possession 
 as to. 49 'L.R.A. (N.S.) 124. 
 
 15. On redemption from foreclosure 
 sale. 
 
 Allowance for, upon redemption from mort- 
 gage foreclosure sale. 9'L.R.A. 676.* 
 
 IMPUTED KNOWLEDGE. 
 
 See BANKS. 8a: INSURANCE, 20; NOTICE, 
 13-15. 
 
 IMPUTED NEGLIGENCE. 
 
 Imputing attorney's negligence to client, see 
 
 ATTORNEYS, 17. 
 In general, see NEGLIGENCE, 41-49, 55. 
 
 IMPUTED NOTICE. 
 
 See BANKS, 8a; INSURANCE, 20; NOTICE, 
 13-15. 
 
 INABILITY. 
 
 Effect of, on right to specific performance, 
 see SPECIFIC PERFORMANCE, 20. 
 
 Inability to pay alimony as defense to con- 
 tenipt. 30 L.R.A. (N.S.) 1001; L.R.A. 
 1917C, 97. 
 
 INADEQUACY. 
 
 Of consideration, see CONTRACTS, :!4. 
 Inadequate damages for personal injury, see 
 DAMAGES, 64. 
 
 As ground for setting aside verdict. 11 
 L.R.A. 50;* 47 L.R.A. 33. 
 
 Liability of railroad for delay in transpor- 
 tation of freight due to inadequate fa- 
 cilities. 10 L.R.A. (N.S.) 432: 34 
 L.R.A.(N.S.) 637. 
 
 Consideration of inadequacy of equipment 
 in treatment of depreciation in esti- 
 mating return of public service corpora- 
 tion for rate-making purposes. 52 
 L.R.A.(N.S.) 37. 
 
 INADVERTENCE. 
 
 As ground for relief from judgment, see 
 JUDGMENT, 94. 
 
 INANIMATE PROPERTY. 
 
 Title and right to escaped inanimate prop- 
 erty. 43 L.R.A. (N.S.) 460. 
 
 INCAPACITY. 
 
 Charge of, against officer or candidate for 
 office as libel or slander. L.R.A.1D1SE, 
 27. 
 
 INCENDIARISM. 
 
 Betjin with tit is book on e-very 7mr question. 
 
 See ARSON.
 
 INDEX TO L.K.A. NOTES. 
 
 679 
 
 INCEST. 
 
 1. Generally. 
 
 Conflict of laws as to incestuous marriage. 
 57 L.R.A. 166; 43 L.R.A.(X.S-) 358. 
 
 May girl below the age of consent U> guilty 
 of incest. 27 L.K.A. (X.S.) 872. 
 
 "Between persons related bv marriage. 31 
 L.R.A. (X.S.) 772. 
 
 blander in charging person with. 24 L.R.A. 
 i VS.) 612. 
 
 Incestuous marriage as void or voidable. 
 L.R.A.1916C, 723. 
 
 Validity of marriage with relative bv mar- 
 riage. L.R.A. 1916C, 756. 
 
 Termer jeopardy in case of. L.R.A. 19 15A, 
 206. 
 
 Acquittal of one of the parties, as bar to 
 prosecution of the other. 49 L.R.A. 
 (X.S.i 479. 
 
 Conviction or acquittal of one indicted for 
 incest as bar to prosecution for simi- 
 lar offense with the same person at a 
 different time. L.R.A.1917D, 731. 
 
 2. Evidence; witnesses. 
 
 Proof of corpus delicti in prosecution for. 
 68 L.R.A. 45. 
 
 Evidence of other crimes in prosecution for. 
 62 L.R.A. 329. 
 
 Admissibility of evidence of prior or subse- 
 quent acts of intercourse between the 
 parties in a prosecution for incest. 26 
 L.R.A.(X.S.) 466; L.R.A.1915A, 138. 
 
 Evidence of specific instances to prove char- 
 acter for chastity in prosecution for. 
 U L.R.A. (N.S.) 725; L.R.A.1916B, 966. 
 
 Husband or wife' as witness against the 
 other in prosecution for. 2 L.R.A. 
 (X.S.) 862; L.R.A.1917E, 1134. 
 
 Age of alleged accomplice as affecting ne- 
 cessity of corroboration of testimony. 
 L.R.A.1915E, 1222. 
 
 INCOME. 
 
 1. Generally. 
 
 Apportionment of, see APPORTIONMENT, 2. 
 As between life tenants and remaindermen, 
 
 see LIFE TENANTS, II. 
 Right to, on foreclosure, see MORTGAGE. 
 
 79a. 
 
 Misstatement as to income of insured. 
 L.R.A.1917C, 344. 
 
 Consideration of earnings or income in de- 
 termining the value of property for 
 purposes of taxation. L.R.A. 1916C, 
 529. 
 
 Application of child's income to his sup- 
 port. 57 L.R.A. 740. 
 
 Right to, after foreclosure decree and be- 
 fore perfecting of purchaser's title. 
 1 L.R.A. (X.S.) 1079. 
 
 Taxation of, as part of capital stock of cor- 
 poration. 58 L.R.A. 569. 
 
 I 2. Bequest of. 
 
 i Bequest of, see WILLS, 95. 
 
 j 3. Rights of husband and wife as to. 
 
 Respective rights of husband and wife to 
 income from estate by the entireties. 
 19 L.R.A.(X.S.) 1037.' 
 
 Power of legislature to change income of 
 separate property from community 
 property to separate property and vice 
 versa. 37 L.R.A. (N.S.) 186. 
 
 4. Of railroad company. 
 
 Basis on which income is to be computed in 
 determining reasonableness of railroad 
 rates prescribed by state for local 
 traffic. 15 L.R.A. (X'.S.) 109; 25 L.R.A. 
 (X.S.) 1002. 
 
 Minimum ratio of income in determining 
 reasonableness of railroad rates pre- 
 scribed by state for local traffic. 15 
 L.R.A.(N.S.) Ill; 25 L.R.A. (N.S.) 
 1002. 
 
 Sufficiency of railroad rates prescribed by 
 state for local traffic to produce mini- 
 mum income. 15 L.R.A. (N.S.) 112; 25 
 L.R.A.(N.S.) 1004. 
 
 INCIDENTAL EXPENSES. 
 
 Attorney's implied authority to incur. 
 L.R".A.(N.S.) 702. 
 
 23 
 
 INCIDENTAL. PARDON. 
 
 Legislative power to grant. 34 L.R.A. 254. 
 
 INCIDENTAL SERVICE. 
 
 Effect of rendering incidental service to 
 members of the public to make cor- 
 poration, otherwise private, a public 
 utility. L.R.A.1918A, 213. 
 
 Consult /s L.R.A. Digests of Cases. 
 
 INCOME TAX. 
 
 See TAXES, 106. 
 
 INCOMPATIBLE OFFICES. 
 
 See OFFICERS, 5. 
 
 INCOMPETENCY. 
 
 Of juror, see JURY, 111. b. 
 
 Of fellow servants, see MASTEK AND SF.RV- 
 
 ANT, 104, 105. 
 Mental incompetency, see INCOMPETENT 
 
 PERSONS. 
 
 Charge of, against officer or candidate for 
 office as libel or slander. L.R.A. 101 8E,
 
 680 
 
 INDEX TO L.R.A. NOTES. 
 
 INCOMPETENCY coiit'd 
 
 As ground for diccharge of one employed 
 
 in executive or supervisory capacity. 
 
 L.R.A.1918C, 1038. 
 
 INCOMPETENT PERSONS. 
 
 7. In general, 1. 
 II. Who arc, 2-4. 
 III. Inquisition and lunacy proceed- 
 ing, 5-7. 
 IV. Capacity; contracts; deeds, 8- 
 
 1O. 
 V. Negligence of or towards; torts, 
 
 11, 12. 
 
 VI. Property rights, 13-16. 
 VII. Confinement; support, 17. 
 VIII. Actions and proceedings; judg- 
 ments, 18-2O. 
 
 IX. Guardian or committee, 21- 
 24. 
 
 I. In general. 
 
 1. Generally. 
 
 Asylum for, see ASYLUM. 
 
 Mental condition as affecting criminal re- 
 sponsibility, generally, see CRIMINAL 
 LAW, 8-10, 42. 
 
 Insanity after commission of criminal act, 
 see CRIMINAL LAW, 42. 
 
 Insanity as ground of divorce, see DIVORCE 
 AND SEPARATION, 28. 
 
 Intoxicated persons, see DRUNKENNESS, 
 5-9. 
 
 Presumption and burden of proof as to san- 
 ity, see EVIDENCE, 38-40, 61a. 
 
 Opinion evidence as to sanity, see EVIDENCE, 
 VIII. e. 
 
 Relevancy of evidence as to sanity, see EVI- 
 DENCE, 254. 
 
 Sufficiency of evidence as to sanity, see EVI- 
 DENCE, 291, 292, 297, 298, 316. 
 
 Effect of husband's insanity on wife's dis- 
 ability, see HUSBAND AND WIFE, 14. 
 
 Suicide of insured while insane, see INSUR- 
 ANCE, 171. 
 
 Effect of insanity on judgment, see JUDG- 
 MENT, 33. 
 
 Marriage of, see MARRIAGE, 10. 
 
 Weight of evidence as to sanity as question 
 for jury, see TRIAL, 21. 
 
 Question for jury as to sanity, see TRIAL, 
 29. 
 
 Competency of, as witnesses, see WITNESSES, 
 14. 
 
 Cross-examination of witness as to sanity, 
 see WITNESSES, 33. 
 
 As to married women, see HUSBAND AND 
 WIFE. 
 
 As to Indians, see INDIANS. 
 
 As to infants, see INFANTS. 
 
 Mental anguish because of inability to at- 
 tend insane brother, as element of re- 
 covery in telegraph cases. 49 L.R.A. 
 (N.S.) 238, 334. 
 
 Applicability of workmen's compensation 
 act where insane workman commits 
 suicide or suffers personal injurv. 
 L.R.A. 1916A, 339. 
 
 Begin with this hooTc on every 7arc question. 
 
 INCOMPETENT PERSONS, I. eonfd 
 
 Recovery under Workmen's Compensation 
 Act for injury from fall caused or ac- 
 companied by abnormal mental con- 
 dition. L.R.A.1918F, 903. 
 
 Insanity as an accident within the meaning 
 of the Workmen's Compensation Act. 
 L.R.A.1917D, 112. 
 
 Arrest upon suspicion of insanity. L.R.A. 
 191 6C, 230 
 
 Insanity as act of God. 4 L.R.A. (N.S.) 
 898". 
 
 Right to remove from state. 58 L.R.A. 931. 
 
 Effect of incompetency on rights of parent 
 to custody of child. 41 L.R.A. (N.S.) 
 592, 606. 
 
 Liens on subject-matter of legacy or devise 
 while testator is insane as an ademp- 
 tion. 40 L.R.A. (N.S.) 548. 
 
 Insanity of husband as affecting wife's dis- 
 ability of coverture. 34 L.R.A. 223. 
 
 Lunacy as total disability of insured. 38 
 L.R.A. 537. 
 
 Who may elect against will in behalf of 
 insane widow. 17 L.R.A. 296; 35 
 L.R.A.(N.S.) 1210; 49 L.R.A.(N.S.) 
 1108. 
 
 Rule admitting statements made in presence 
 of party and undenied by him as af- 
 fected by his mental and physical con- 
 dition at the time. 13 L.R.A. (N.S.) 
 349. 
 
 Right to recover for insanity resulting from 
 fright caused by wrongful act. 3 
 L.R.A. (N.S.) 57. 
 
 Carrier's liability for injury to pregnant 
 woman by seeing lunatic on train. 39 
 L.R.A. (N.S.) 647. 
 
 Duty of carrier to accept insane person as 
 passenger. 26 L.R.A. (N.S.) 172; L.R.A. 
 1915E, 788. 
 
 Evidence of specific instances to prove in- 
 sanity of fellow servant. 14 L.R.A. 
 (N.S.) 773. 
 
 Computation of period of abandonment as 
 affected by insanity of defendant. 16 
 L.R.A.(N.S.) 1071. 
 
 Right of witness to give opinion on exact 
 issue as to sanity or mental capacity 
 of accused. 36 L.R.A. 65. 
 
 Trial of insane person as former jeopardy. 
 35 L.R.A.(N.S.) 470. 
 
 Mental condition of accused at time of mak- 
 ing confession as affecting voluntari- 
 ness. 18 L.R.A. (N.S.) 788; 50 L.R.A. 
 (N.S.) 1082. 
 
 Of witness as ground for admission of tes- 
 timony given upon preliminary exam- 
 ination. 25 L.R.A. (N.S.) 873. 
 Asexualization or sterilization of. 41 
 
 L.R.A. (N.S.) 419; L.R.A.1918D, 236. 
 Effect of insanity or mental incompetency 
 of executor or administrator. 45 L.R.A. 
 "(N.S.) 1073. 
 
 Insanity as a ground for refusing extradi- 
 tion. 46 L.R.A. (N.S.) 397. 
 Mental incapacity of partner as dissolution. 
 or a ground for dissolution of a part- 
 nership. 47 L.R.A.(N.S.) 839.
 
 INDEX TO L.R.A. NOTES. 
 
 681 
 
 INCOMPETENT PERSONS cont'cl 
 
 //. Who are. 
 
 f 2. Generally. 
 
 Presumption and burden of proof as to san- 
 ity, see EVIDENCE. 38-40. 61a. 
 
 Relevancy of evidence as to sanity, see EVI- 
 DENCE. 254. 
 
 Opinion evidence as to sanity, see EVIDENCE, 
 VIII. e. 
 
 Sufficiency of evidence as to sanity, see 
 EVIDENCE, 21)1, 292, 297, 298, 315. 
 
 Does disqualification of physician as wit- 
 ness extend to mental condition of pa- 
 tient. L.R.A.1918E, 974. 
 
 Law with reference to hypnotism. 40 
 L.R.A. 269. 
 
 Desire of aged person to marry as ground 
 for appointment of guardian. 47 L.R.A. 
 (N.S.) 475. 
 
 3. What are insane delusions. 
 
 Insane delusions defined. 37 L.R.A. 261. 
 Must be insane. 37 L.R.A. 262. 
 Must be against evidence. 37 L.R.A. 263. 
 Must be connected with the act in question. 
 
 37 L.R.A. 264. 
 Must be sufficient to excuse if true. 37 
 
 L.R.A. 266. 
 
 Prejudice: ill-will. 37 L.R.A. 267. 
 Eccentricities and belief in absurdities. 37 
 
 L.R.A. 267. 
 Application of ordinary tests. 37 L.R.A. 
 
 268. 
 
 Delusions on particular subjects. 37 L.R.A. 
 269. 
 
 4. Morphinism and other addictions 
 as affecting responsibility and ca- 
 pacity. 
 
 Scope and general view of the subject. 39 
 
 L.R.A. 262. 
 Effect on criminal responsibilitv. 39 L.R.A. 
 
 262. 
 Effect on capacitv to contract. 39 L.R.A. 
 
 262. 
 Effect on testamentary capacity. 39 L.R.A. 
 
 263. 
 
 As a ground for divorce. 39 L.R.A. 264. 
 As affecting insurance. 39 L.R.A. 265. 
 As affecting competency of witness. 39 
 
 L.R.A. 265. 
 
 III. Inquisition and lunacy proceed- 
 ings. 
 
 % 5. Generally. 
 
 Appointment of guardian or committee, see 
 infra, 22, 23. 
 
 Constitutional right to trial by jury in in- 
 quisition of insanity. L.R.A.1918A, 348. 
 
 Opinion evidence by nonexpert as to con- 
 tractual or testamentary capacity in. 
 37 L.R.A. (N.S.) 598. 
 
 Right to dismiss proceedings in nature of 
 writ inquirendo de lunatico. 51 L.R.A. 
 (N.S.) 1191. 
 
 6. Notice of proceedings. 
 
 Necessity and sufficiency of notice to the 
 'alleged lunatic.' 23 L.R.A. 737; 26 
 L.R.A. (N.S.) 232. 
 Notice to others. 23 L.R.A. 744. 
 Consult of.so L.It. A. D if/efts of Cases. 
 
 INCOMPETENT PERSONS, III. cont'd 
 
 7. Effect of inquisition. 
 
 To establish insanity' of grantor of land. 
 19 L.R.A. 493. 
 
 On competency of witness. 37 L.R.A. 427: 
 46 L.R.A.*(N.S.) 1031. 
 
 On judgment against insane person 39 
 L.R.A. 783; 35 L.R,A.(N.S.) 1097. 
 
 On validity of marriage of insane person. 
 40 L.R.A. 743. 
 
 Right of insane person to institute pro- 
 ceedings by next friend after inquisi- 
 tion. 64 L.R.A. 526. 
 
 IV. Capacity; contracts; deeds. 
 
 8. Generally. 
 
 Criminal liability of incompetent, see CRIM- 
 INAL LAW, 8. 
 
 Presumption and burden of proof as to ca- 
 pacity, see EVIDENCE, 38, 39. 
 
 Opinion evidence as to capacity, see EVI- 
 DENCE, VIII. e. 
 
 Sufficiency of evidence as to capacitv, see 
 EVIDENCE. 291, 292, 297, 298." 
 
 Contracts with drunken persons, see DRUNK- 
 ENNESS. 3, 4. 
 
 Capacity to enter into contract of marriage, 
 see MARRIAGE, 10. 
 
 Testamentary capacity of testator, see 
 WILLS, ' 9-15. 
 
 Capacitv to make contract as affected by 
 mental conditions. 3 L.R.A.(N.S.) 174. 
 
 Renewal of obligations by. 34 L.R.A. 274. 
 
 Right of bona fide holder of promissory 
 note of insane person. 35 L.R.A. 161. 
 
 Effect of insanity of party to revoke war- 
 rant of attorney to confess judgment. 
 13 L.R.A. 797. 
 
 Validity of contract executed after insanity 
 in pursuance of an obligation assumed 
 while sane. 14 L.R.A. (N.S.) 962. 
 
 Power of guardian or committee to bind 
 incompetent person or his estate by 
 contract. 8 L.R.A. (N.S.) 436. 
 
 What circumstances will charge one with 
 notice that other contracting party is 
 of unsound mind. 31 L.R.A. (N.S.) 
 1159. 
 
 Right to enforce mortgage given by incom- 
 petent person who had not been de- 
 clared such. 42 L.R.A. (N.S.) 343. 
 
 Effect upon liability of surety of principal's 
 incapacity to contract. 20 L.R.A. (N. 
 S.) 1000. 
 
 Statute of frauds as affecting guaranty of 
 contract of person under disabilitv. 33 
 L.R.A. 359. 
 
 Consent of incompetent or his guardian, 
 committee, or agent to a license for the 
 sale of intoxicating liquors. L.R.A. 
 1916D, 819. 
 
 Competency of parties to agree to arbitrate. 
 47 L.R.A. (N.S.) 345. 
 
 Mental capacity of servant executing release 
 on accepting benefits of relief fund. 
 11 L.R.A.(N.S.) 201; 48 L.R.A. ( N.S > 
 450. 
 
 Insanity of subscriber to 'charity as revok- 
 ing subscription. 48 L.R.A.'(N.S.) 801.
 
 682 
 
 INDEX TO L.R.A. NOTES. 
 
 INCOMPETENT PERSONS, IV. cont'd 
 Right to recover against incompetent or his 
 estate for legal 'services in attempting 
 to secure his freedom, or in resisting 
 lunacy proceedings. 45 L.R.A. (N.S.) 
 67. 
 
 9. Insurance matters. 
 
 Effect of insanity on failure to pay insur- 
 ance premium when due. 12 L.R.A. 
 (N.S.) 319; 46 L.R.A.(N.S.) 537. 
 
 Insanity of insured as excuse for failure to 
 give notice or furnish proofs of loss as 
 required by policy of fire insurance. 
 L.R.A.1917A, 305. 
 
 Insanity of member as affecting decision of 
 lodge against him. 49 L.R.A. 371. 
 
 Rights and remedies of prior beneficiary 
 where insured was mentally incompe- 
 tent when he made a change of bene- 
 ficiary. L.R.A.1916C, 1132. 
 
 10. Deeds. 
 
 Validity of deed. 19 L.R.A. 489. 
 
 Belief in spiritualism, witchcraft, etc., 
 as affecting capacity to make will 
 or deed. 16 L.R.A. 677. 
 Deed in partition by. 57 L.R.A. 340. 
 
 May deed of real property executed by an 
 incompetent not judicially declared 
 such be avoided in action at law. 19 
 L.R.A. (N.S.) 461. 
 
 Validity of deed executed during lucid inter- 
 val by adjudged incompetent. 4 B. R. 
 C. 451. 
 
 Conveyance of homestead during insanity by 
 one of spouses. 13 L.R.A. (N.S.) 430. 
 
 Right of devisee or legatee to attack con- 
 veyance or transfer bv testator. 30 
 L.R.A. (N.S.) 194. 
 
 Mental incapacity of grantor as rendering 
 title unmarketable. 38 L.R.A. (N.S.) 
 26. 
 
 Power of court or guardian to consent to 
 conveyance by trustee under a trust 
 requiring consent by cestui que trust. 
 39 L.R.A. (N.S.) 39. 
 
 Undue influence in conveyance or transfer 
 of property by person physically or 
 mentally feeble in consideration of sup- 
 port of the grantor or a third person. 
 52 L.R.A. (N.S.) 476. 
 
 Signature made by hand of unconscious 
 person. L.R.A.1915B, 678. 
 
 V. Negligence of or towards; torts. 
 
 11. Generally. 
 
 Effect of intoxication on negligence, see 
 DRUNKENNESS, 5-9. 
 
 Duty of person of impaired faculties when 
 crossing or traveling public street to 
 avoid passing teams. 19 L.R.A. (N.S.) 
 163. 
 
 Mental incompetency as excuse for failure 
 to give notice of injury required as a 
 condition of municipal liability. 32 
 L.R.A. (N.S.) 350. 
 
 Rape of female of unsound mind. L.R.A. 
 " 191GF, 742. 
 
 Begin icith this book on every law question. 
 
 INCOMPETENT PERSONS, V. eont'd 
 Injuries inflicted by insane persons as with- 
 in provision in accident insurance pol- 
 icy exempting insurer or limiting lia- 
 bility in case of injury intentionally 
 inflicted by another. 48 L.R.A. ( N.S.') 
 527. 
 
 Right to show disability of adult on issue of 
 contributory negligence without allega- 
 tion thereof. L.R.A. 19] 7D, 558. 
 
 12. Civil liability for torts or negli- 
 gence. 
 
 Civil liability of insane persons for torts 
 or negligence. 26 L.R.A. 153; 42 
 L.R.A. (N.S.) 83. 
 Liability of lunatic for torts of committee, 
 
 guardian or employee. 42 L.R.A. (N. 
 
 S.) 87. 
 Responsibility of one having custody or 
 
 control of person mentally incompetent, 
 
 for latter's torts. 50 " L.R.A. (N.S.) 
 
 1104. 
 
 VI. Property rights. 
 
 13. Generally. 
 
 Who may elect against will in behalf of an 
 insane widow. 17 L.R.A.297; 49 L.R.A. 
 (N.S.) 1108. 
 
 Effect of imbecility of person for whose 
 benefit particular estate is created, who 
 is member of class at testator's death, 
 on time for ascertaining who belonged 
 to class under description as testator's 
 "heirs," "next of kin," ''relations,'' etc. 
 33 L.R.A. (N.S.) 12. 
 
 Place of taxation of lunatic's property. 20 
 L.R.A. 155. 
 
 14. Abandonment of homestead. 
 
 Abandonment, conveyance, or encumbrance 
 of homestead during insanity of one of 
 the spouses. 13 L.R.A. (N.S.) 430. 
 
 Effect of insanity and imprisonment as 
 abandonment of homestead. 3 L.R.A. 
 (N.S.) 515. 
 
 15. Use of property. 
 
 To carry out his presumed wishes or to 
 fulfil his equitable obligations in 
 the absence of a legal liability. 
 34 L.R.A. 297. 
 
 16. Sale of propel ty. 
 
 Power of legislature to authorize guardian 
 to sell real estate of incompetent. 16 
 L.R.A. 254. 
 
 Necessity of notice to insane person of ap- 
 plication for sale of his property to pav 
 debts. 29 L.R.A. (N.S.) 147. 
 
 Effect of sale of lands of lunatics on descent 
 of ancestral estates. L.R.A.1916C, 910. 
 
 VII. Confinement; support. 
 
 17. Generally. 
 
 Constitutionality of statutes as to support, 
 see CONSTITUTIONAL LAW, 106a. 
 
 Sentence and imprisonment for crime, see 
 CRIMINAL LAW, 72.
 
 INDEX TO L.E.A. NOTES. 
 
 683 
 
 INCOMPETENT PERSONS, VII. cont'd 
 
 Confinement in asylum as affecting right to 
 divorce upon the ground of living apart, 
 desertion, or abandonment. L.R.A. 
 1918A, 1186. 
 
 Effect of confinement on competency of in- 
 sane person as witness. 37 L.R.A. 427. 
 
 Habeas corpus to procure release of one 
 committed to insane asylum upon ac- 
 quittal on tho ground of insanity. 36 
 L.R.A. (N.S.) 578. 
 
 Validity of statute for commitment of in- 
 ebriates to public or private institu- 
 tions. 17 L.R.A. (N.S.) 984. 
 
 Recommitment without further hearing of 
 person discharged from insane hospital. 
 14 L.R.A. (N.S.) 468. 
 
 Right of one restrained as insane person 
 to discharge upon ground of irregular- 
 ity or invalidity of commitment. 44 
 L.R.A. (N.S.) 389. 
 
 Privilege of records of insane asylum. 51 
 L.R.A. (N.S.) 22. 
 
 VIII. Actions and proceedings; judg- 
 ments. 
 
 18. Generally. 
 
 As to lunacy proceedings, see supra, 5-7. 
 
 Mental incapacity as affecting running of 
 statute of limitations. 51 L.R.A. (N.S.) 
 834. 
 
 Action by insane persons. 2 L.R.A. (N.S.) 
 961. 
 
 Action for divorce on behalf of insane per- 
 son. 34 L.R.A. 166. 
 
 Admissions and waivers by representatives 
 in actions. 32 L.R.A. '688. 
 
 Continuance because of insanity of party. 
 42 L.R.A. (N.S.) 667. 
 
 19. Right to institute proceedings by 
 next friend. 
 
 In general. 64 L.R.A. 513. 
 Before inquisition of lunacy. 64 L.R.A. 518. 
 After inquisition of lunacy. 64 L.R.A. 526. 
 Distinction between suits in equity and at 
 law. 64 L.R.A. 529. 
 
 20. Judgments, 
 
 Insanity as affecting judgments. 39 L.R.A. 
 775: 35 L.R.A.JN.S.) 1090. 
 
 Validity of judgment against lunatic. 39 
 L.R.A. 775. 
 
 Attack on divorce decree grounded on lunacy 
 of divorced spouse. L.R.A.1917B, 466. 
 
 Judgment rendered in a civil action as evi- 
 dence of insanity in criminal prosecu- 
 tion. 26 L.R.A."(N.S.) 461. 
 
 Effect of inquisition on validity of judg- 
 ment against insane person. 35 L.R.A. 
 (N.S.) 1097. 
 
 IX. Guardian or committee. 
 
 8 21. Generally. 
 
 Lunacy proceedings, see supra, 5-7. 
 
 Guardianship as affecting testamentary ca- 
 pacity. 27 L.R.A. (N.S.) 54. 
 
 Right of committee of lunatic to appoint- 
 ment as administrator or executor. 
 L.R.A.1915C 1 , 58 1. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INCOMPETENT PERSONS, IX. eonfd 
 22. Appointment. 
 
 Validity of deed by insane person when un- 
 der guardianship. 19 L.R.A. 490. 
 
 23. right to appeal. 
 
 Right of applicant to appeal in proceedings 
 to appoint guardian for. 15 L.R.A. (N. 
 S.) 436. 
 
 Who is a "person aggrieved'' within a stat- 
 ute allowing an appeal by such person 
 f in proceedings for the appointment of 
 a guardian for an alleged incompetent. 
 25 L.R.A.(N.S.) 155. 
 
 24. Powers of. 
 
 Right of guardian to remove incompetent 
 from state. 58 L.R.A. 931. 
 
 Power of guardian or committee of insane 
 person to procure necessities for fam- 
 ily of his ward. L.R.A.1917B, 678. 
 
 Power of guardian to elect against will in 
 behalf of insane widow. 17 L.R.A. 297 ; 
 35 L.R.A.(N.S.) 1210; 49 L.R.A.(N.S.) 
 1108. 
 
 Power of guardian or conservator to adeem 
 legacy. 28 L.R.A. (N.S.) 401. 
 
 Power of guardian or committee to bind 
 incompetent person or his estate by 
 contract. 8 L.R.A. (N.S.) 436. 
 
 Right of guardian of mentally incompetent 
 person to maintain action for damages 
 against one to whom ward has trans- 
 ferred property. 34 L.R.A. (N.S.) 1058. 
 
 Power of guardian to consent to conveyance 
 by trustee under a trust requiring con- 
 sent by cestui que trust. 39 ' L.R.A. 
 (N.S.) 39. 
 
 Consent of guardian or committee to a 
 license for the sale of intoxicating liq- 
 uors. L.R.A.1916D, 819. 
 
 INCONSISTENCY. 
 
 Election between inconsistent remedies, see 
 
 ELECTION OF REMEDIES. 
 Estoppel by, see ESTOPPEL, 30, 31. 
 Right to plead inconsistent defenses, see 
 
 PLEADING, 4. 
 Contradiction of witness by proof of, see 
 
 WITNESSES, 43. 
 
 Between ordinances and statutes for pun- 
 ishment of same offense. 17 L.R.A. (N. 
 S.) 67. 
 
 Between special findings. 24 L.R.A. (N.S.) 
 50. 
 
 Inconsistent testimony in other suit as 
 ground for new trial. 42 L.R.A. (N.S.) 
 692. 
 
 Sufficiency of inconsistency between general 
 and 'special verdict. 24 L.R.A.(N.S.) 
 67. 
 
 In entries in legislative journals. 40 L.R.A. 
 (N.S.) 36. 
 
 Effect of party's changing testimony on sec- 
 ond trial, to supply defects in the case 
 made on the first trial. 37 L.R.A. (N.?.?) 
 429.
 
 684 INDEX TO L.R.A. NOTES. 
 
 INCONTESTABLE CLAUSE. I INCREASE OF RISK. 
 
 In insurance policy, See INSUKANCE, 103. 
 
 INCONTINENCE. 
 
 Antenuptial, as ground for divorce or an- 
 nulment of marriage. 18 L.R.A. 375; 
 L.R.A.1910E, 650. 
 
 As affecting insurance, see INSURANCE, 
 83, 89, 102. 
 
 INCONVENIENCE. 
 
 As element of damages for carrying pas- 
 senger beyond destination. 17 L.R.A. 
 (N.S.) 1230. 
 
 INCORPORATION. 
 
 Of corporation generally, see CORPORATIONS, 
 5. 
 
 Of county, see COUNTIES, 3. 
 
 Of municipality, see MUNICIPAL CORPORA- 
 TIONS, 6. 
 
 Of town, see TOWNS, 2. 
 
 INCORPORATION TAX. 
 
 Liability for, upon extension, reorganiza- 
 tion, consolidation, or merger of exist- 
 ing corporation. 47 L.R.A. (N.S.) 1066. 
 
 INCORPORATORS. 
 
 See CORPORATIONS, ' 62-65. 
 
 INCORPOREAL HEREDITAMENT. 
 
 Action on covenant in grant of, by or 
 against grantee's successor in title. 
 L.R.A.1915C, 222. 
 
 INCREASE. 
 
 Of animal, see ANIMALS, 3. 
 Of stock, see CORPORATIONS, 70. 
 
 Rights as between life tenant and remain- 
 derman to increase of slaves. L.R A 
 191 5C, 849. 
 
 Levy upon property as including subsequent 
 increase thereof. L.R.A.1917B, 944. 
 
 INCREASED PUNISHMENT. 
 
 For habitual criminals or prior offenders. 
 
 INCRIMINATION. 
 
 See CRIMINAL LAW, 49-53. 
 
 INCUMBRANCE. 
 
 See ENCUMBRANCE. 
 
 IN CUSTODIA LEGIS. 
 
 See CUSTODY OF LAW. 
 
 INDEBTEDNESS. 
 
 See DEBTS. 
 
 INDECENCY. 
 
 See OBSCENE LITERATURE. 
 
 INDECENT ASSAULT. 
 
 Liability of infant for. 36 L.R.A. 205. 
 Admissibility of declarations of infant too 
 
 voung to be sworn as witness at the 
 
 trial. 65 L.R.A. 318. 
 Evidence of plaintiff's character in action 
 
 for. 14 L.R.A. (N.S.) 753. 
 Mental anguish as element of damages for. 
 
 33 L.R.A.(N.S.) 98. 
 
 INDECENT PUBLICATIONS. 
 
 See OBSCENE LITERATURE. 
 
 INDEFINITENESS. 
 
 In charitable gift, see CHARITIES, 6-9. 
 Of contract, see CONTRACTS, 20, 21. 
 In description of beneficiaries, see WILLS, 
 V. f. 
 
 INDEMNITY. 
 
 1. Generally. 
 
 To sureties on bail bond, see BAIL AND RE- 
 
 COGNIZANCE, 
 
 9. 
 
 see CRIMINAL LAW, 83. By bonds generally, see BONDS, II. 
 
 Begin iHth this booJc on every fair question.
 
 INDEX TO L.R.A. NOTES. 
 
 685 
 
 INDEMNITY cont'd 
 
 Validity of indemnity contract, see CON- 
 TRACTS. 78. 
 
 Insurance as. generally, see INSURANCE. 
 
 Indemnity insurance, see INSURANCE. X. 
 
 Against mechanics' liens, see MECHANICS' 
 LIENS, 4. 
 
 Of surety, see PRINCIPAL AND SURETY, 21. 
 
 Validity of agreement to indemnify bail in 
 a criminal case. 14 L.R.A. 78; 20 
 L.R.A. (X.S.) 58. 
 
 Warranty as inducement to copartner to en- 
 ter into a contract as a promise to in- 
 demnify. 15 L.R.A.IX.S.) 1151. 
 
 Breach of covenant to indemnify or save 
 harmless on assumption of debts on 
 dissolution of firm. 9 L.R.A.lX.S.) 
 107. 
 
 Broker's right to commission where sale 
 or loan fails because of owner's re- 
 fusal to give indemnity against possible 
 mechanics' liens or other encumbrances. 
 15 L.R.A. (X.S.) 187. 
 
 Constitutionality of statute forbidding 
 avoidance of liability to employee or 
 reduction of his damages by relief or 
 indemnity contract. 33 L.R.A.(X.S.) 
 706; 38 L.R.A. (X.S.) 867. 
 
 Right of one injured on highway to proceed 
 in first instance against person ulti- 
 mately liable. 16 L.R.A. 554. 
 
 Right of personal representative to indem- 
 nity from estate for debts contracted 
 in carrying on business. 40 L.R.A. (X. 
 S.) 232. 233. 
 
 Right of nominal owner of shares of %tock 
 to indemnity against consequences of 
 such ownership. 3 B. R. C. 365. 
 
 Right of purchaser to indemnity for expense 
 of defending suit or proceeding based 
 on bulk sales act. L.R.A.1916F, 551. 
 
 Right of trustees or executive committee of 
 club to indemnity for obligations in- 
 curred by them. 5 B. R. C. 763. 
 
 Liability of indemnitor for costs of unsuc- 
 cessful appeal by party indemnified. 
 L.R.A.1915F, 598. 
 
 Liability of depositor who requests bank 
 to hold noninterest bearing deposit 
 against a claimant, to reimburse bank 
 for interest which it is compelled to 
 pay to claimant on the legal establish- 
 ment of his claim to the deposit. L.R.A. 
 1915E, 797. 
 
 Assurance fund provided for by the Torrens 
 Law. L.R.A.1916D, 56. 
 
 2. Liability over to person second- 
 arily liable. 
 
 Contribution between persons liable, see 
 
 CONTRIBUTION. 
 Recovery over against one joint tort feasor, 
 
 see JOINT CREDITORS AND DEBTORS, 7. 
 
 IXDEMXITY cont'd 
 
 :Right to recover from obligor under collat-. . 
 eral contract the damages which the 
 obligee was compelled to pay because of 
 his breach of n contract with a third 
 person, in consequence of the failure or 
 delay in performance of the collateral 
 contract. 18 L.R.A.IX.S.) 575. 
 
 Collusiveness of judgment against con- 
 structive tort feasor in subsequent ac- 
 tion for indemnity. 40 L.R.A. t X.S.) 
 1172. 
 
 Right of one liable for damages from de- 
 fective article to recover over 
 against vendor or manufacturer. 
 L.R.A.1915C, 336. 
 
 ! 3. to employer. 
 
 | Effect of provision in contract that employer 
 shall be indemnified for all loss caused 
 by negligence of contractor. 65 L.R.A. 
 506. 
 
 Effect on status as independent contractor 
 of provision in contract that employer 
 shall be indemnified for all losses i 
 caused by negligence of the person ein- ! 
 ployed. '17 L.R.A.iN.S.) 381. 
 
 Right of employer who has been held liable 
 for tort of servant or contractor to re- 
 cover over from him. 40 L.R.A. (X.S.) : 
 1153. 
 
 Right of employer to indemnity under work- 
 men's compensation acts from third 
 person whose negligence causes the in- 
 jury. L.R.A.1916A. 102, 225: L.R.A. 
 191 7D, 101; L.R.A.1938F, 524. 
 
 j 4. to municipality. 
 I In case of injury on highway, see HIGH- 
 WAYS. 95. 
 
 | > o 
 
 Right of nmnicipality to recover indemnity 
 from one for whose tort is has been 
 held liable. 40 L.R.A. (X.S.) 1165; 
 L.R.A.1916F, 86. 
 
 5. Specific performance of contract 
 for. 
 
 Specific performance of contract to give. 6 
 L.R.A. (X.S.) 592. 
 
 Jurisdiction of action for specific perform- 
 ance of contract for sale of corporate 
 stock to indemnify vendor against lia- 
 bilitv on stock. 50 L.R.A. 506. 
 
 6. Running of limitations on claim 
 for. 
 
 Contingency of claim for. as affecting time 
 
 for presentation to decedent's estate. 
 
 .18 L.R.A. 88. 
 Time when limitation begins to run on lia- 
 
 bilitv for breach of contract of. 15 
 
 L.R.A.IX.S.) 164. 
 
 Right of receiver to be indemnified for costs 
 
 of defending action charging him with j 
 
 fraud or misconduct. 2 B. R. C. 423. See BONDS. IT. 
 Consult also L.It. A. nige*t* of 
 
 INDEMNITY BONDS.
 
 GSG 
 
 INDEX TO L.R.A. NOTES. 
 
 INDEMNITY INSURANCE. 
 
 See INSURANCE, 211-210. 
 
 INDEPENDENT ADVICE. 
 
 Independent advice as condition of valid gift 
 inter vivos between parties occupying 
 confidential relations. 16 L.R.A. (N.S.) 
 
 1087. 
 
 INDEPENDENT AGREEMENT. 
 
 As defense to promissory note. 43 L.R.A. 
 464. 
 
 INDEPENDENT CONTRACTOR. 
 
 Liability for injury in highway due to neg- 
 ligence of, see HIGHWAYS, 60, 93. 
 
 Liability for injury to tenant, see LANDLORD 
 AND TENANT, 73. 
 
 Employer's liability for acts of, see MASTER 
 AND SERVANT," 185-195. 
 
 Municipal liability for acts of, see MUNIC- 
 IPAL CORPORATIONS, 85. 
 
 Who are independent contractors, see MAS- 
 TER AND SERVANT. 195. 
 
 Liability of, for injuries, see MASTER AND 
 SERVANT, 196-198. 
 
 Liability for injury to servants of, see MAS- 
 TER AND SERVANT, 202. 
 
 In mine, see MINES, 42. 
 
 Liability for acts of, as to timber, see TIM- 
 BER, 7. 
 
 Authority of, to contract for services of 
 other persons. L.R.A.1918F, 79. 
 
 As "workman" or "employee" within mean- 
 ing of Workmen's Compensation Act. 
 L.R.A.1916A, 138, 247; L.R.A.1917D, 
 148; L.R.A.1918F, 206. 
 
 Servant of employer and servant of con- 
 tractor as fellow servants. 17 L.R.A. 
 (N.S.) 334. 
 
 Right of public to benefit of indexes, devices, 
 etc., made or prepared by officer or em- 
 ployee. L.R.A.1917B, 1183. 
 
 INDIAN RESERVATION. 
 
 Location of mining claim on. 7 L.R.A. (N. 
 S.) 786. 
 
 Cutting of timber on. 70 L.R.A. 909. 
 
 Jurisdiction to punish crimes committed on 
 reservations within state limits. 21 
 L.R.A. 169; L.R.A.1915F, 590. 
 
 INDIANS. 
 
 1. Generally. 
 
 Question relating to, as Federal question. 
 62 L.R.A. 537. 
 
 Validity of divorce according to Indian cus- 
 tom. 35 L.R.A.(N.S.) 795; L.R.A. 
 1917D, 574. 
 
 Voluntariness of confession made by Indian 
 to Indian agent. 50 L.R.A. (N.S.) 
 1088. 
 
 Right of Indian children to school privi- 
 50 L.R.A.(N.S.) 147. 
 
 2. Jurisdiction to punish crimes, 
 committed by or against. 
 
 When the crime is committed in United 
 
 States territory. 21 L.R.A. 169 ; L.R.A. 
 
 1915F, 588. 
 On reservations within state limits. 21 
 
 L.R.A. 169; .L.R.A.1915F, 590. 
 Crimes committed within a state, and not 
 upon a reservation. L.R.A.1915F, 
 589. 
 Crimes bv Indians against Indians. 
 
 L.R.A*. 171. 
 United States or territorial courts. 
 
 L.R.A. 173. 
 Crimes committed by nontribal Indian or 
 
 off reservation. 21 L.R.A. 173. 
 Indians who have ceased tribal relations. 
 
 L.R.A.1915F, 595. 
 
 Effect of allotments. L.R.A.1915F, 592. 
 Regulation of commerce. 21 L.R.A. 173. 
 i Miscellaneous. L.R.A.1915F, 596. 
 
 21 
 
 21 
 
 INDETERMINATE SENTENCE. 
 See CRIMINAL LAW, 80a. 
 
 INDEX. 
 
 As part of public record, see RECORDS AND 
 RECORDING LAWS, 2. 
 
 As part of record of title. 14 L.R.A. 393. 
 
 Liability of registrar of deeds for neglect, 
 delay, or mistake in indexing instru- 
 ment affecting title to real property. 
 23 L.R.A.(N.S.) 127. 
 
 INDICTMENT, INFORMATION, AND 
 COMPLAINT. 
 
 I. In general, 1-9. 
 II. Formal requisites, 9a-12. 
 
 III. Particular offenses, 13-28. 
 
 IV. Quashing; amendment; joinder; 
 
 duplicity, 29-31. 
 
 I. In general. 
 
 1. Generally. 
 
 Necessity for indictment, see CRIMINAL 
 LAW, 5 35. 
 
 Begin with this book OH every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 687 
 
 INDICTMENT, ETC., I. cont'd 
 
 Delay in indicting or filing information as 
 
 ground for discharge, see CBIMIXAL 
 
 LAW, 45. 
 Matters affecting grand jury, see GRAND 
 
 JURY. 
 Evidence before- grand jury, see GRAND 
 
 JURY, 7, 8. 
 
 Habeas corpus to test indictment or in- 
 formation. L.R.A. 1918B, 1156. 
 
 Informality of commitment a? justification 
 of prison breach. 15 L.R.A. 191. 
 
 Limitation of general allegations in, by spe- 
 cific allegations. 28 L.R.A. 395. 
 
 Failure to indict as evidence of want of 
 probable cause for prosecution. 64 
 L.R.A. 488. 
 
 Variance as to name of deceased as a 
 ground of reversal in homicide. 
 38 L.R.A. (N.S.) 187. 
 
 Right of private person to exhibit criminal 
 information in court of record. 1!> 
 L.R.A. (N.S.) 1050. 
 
 Right of indicted person to inspect minutes 
 of grand jury. 27 L.R.A. (N.S.) 558. 
 
 Presumption as to time of alteration in. 
 39 L.R.A. (N.S.) ]]5. 
 
 For other crime, effect on admissibility of 
 evidence of such crime. 02 L.R.A. 339. 
 
 Power of legislature to provide for indict- 
 ment in county or district other than 
 that in which crime is alleged to have 
 been committed. 7 L.R.A. (N.S.) 669; 
 L.R.A.1918F, 965. 
 
 Responsiveness of special verdict to. 24 
 L.R.A. (N.S.) 43. 
 
 Complaint or information based on infor- 
 mation and belief as the basis for the 
 issuance of a warrant, or for an ex 
 amination preliminary thereto. 10 
 L.R.A. (N.S.) 159: 25 L.R.A. (N.S.) 60. 
 
 Effect of loss of. 41 L.R.A. (N.S.) 1079. 
 
 Necessity of alleging former conviction in 
 prosecution for crimes committed by ha- 
 bitual criminals for which penalty is 
 enhanced. 48 L.R.A. (N.S.) 205. 
 
 Conviction upon proof of aiding and abet- 
 ting under indictment simply charging 
 the crime without reference to aiding 
 or abetting. L.R.A.1915E, 608. 
 
 % 2. In extradition proceedings. 
 
 Right of court of asylum state, in inter- 
 state extradition proceedings, to ex- 
 amine sufficiency of indictment. 11 
 L.R.A. (N.S.) 424. 
 
 Validity and sufficiency of indictment for 
 purposes of extradition. 28 L.R.A. 
 803. 
 
 3. Against corporations. 
 
 Proceedings by indictment and fine against 
 corporations. 3 L.R.A. 646.* 
 
 4. Knowledge or intent. 
 
 Necessity of allegation of knowledge. 11 
 
 L.R!A. 19L* 
 Necessity of alleging intent. 11 L.R.A. 
 
 532.* 
 Co H KU Jt also L.R.A. Digests of Cases. 
 
 INDICTMENT, ETC., I. cont'd 
 5. Charging time and place. 
 
 Charging commission of offense at an im- 
 possible date. 2 L.R.A. (N.S.) 251. 
 
 Charge of time and place in indictment for 
 homicide. 3 L.R.A. (N.S.) 1019. 
 
 Allegation and proof of time- in prosecu- 
 tion for keeping disorderly house. 
 49 L.R.A. (N.S.) 792. 
 
 6. Designation of persons. 
 
 Designation of person by use of initials. 
 
 14 L.R.A. 694. 
 
 Necessity of naming person to whom forged 
 instrument was passed. 31 L.R.A. (N. 
 S.) 1046. 
 
 Must indictment or information for unlaw- 
 ful sale of intoxicating liquors 
 state name of person to whom sale 
 is made. 23 L.R.A. (N.S.) 581. 
 Necessity of proving that person bore both 
 real name and the alias by which the 
 indictment purports to describe him. 
 30 L.R.A. (N.S.) 134. 
 
 7. Ownership. 
 
 May an indictment involving the felonious 
 taking of property lay ownership in 
 one in possession of property as agent, 
 bailee, etc. 21 L.R.A. (N.S.) 311. 
 
 May an indictment or information for ob- 
 taining money under false pretenses 
 lay ownership in one who was in pos- 
 session of the property as agent, bailee, 
 etc. 22 L.R.A.(N.S.) 645. 
 
 Form of allegation of ownership or prop- 
 erty of a decedent's estate in an indict- 
 ment or information for larceny. 
 L.R.A.1916E, 785. 
 
 8. Negation of defenses or excep- 
 tions. 
 
 Negativing exceptions in statute in indict- 
 ment for commission of, or attempt to 
 commit abortion. 49 L.R.A. (N.S.) 
 583. 
 
 8a. Surplusage. 
 
 Rejection as surplusage of matter which 
 tends to negative offense otherwise 
 stated. 47 L.R.A.(N.S.) 679. 
 
 9. Consolidated trials. 
 
 Consolidated trial upon several indictments 
 against same defendant. 3 L.R.A. 
 (N.S.) 412; 47 L.R.A. (N.S.) 955. 
 
 //. Formal requisites. 
 
 9a. Generally. 
 
 Signing indictment or information in name 
 of deputy. 42 L.R A.fN.S.1 .Sfi. 
 
 Typewritten, printed, or stamped signature. 
 L.R.A.1917B, 285. 
 
 10. Showing name in which brought. 
 
 Sufficiency of showing of name in which, 
 and authority by which, prosecution 
 carried on. 26 L.R.A. (N.S.) 1035.
 
 688 
 
 INDEX TO L.R.A. NOTES. 
 
 INDICTMENT, ETC., II. cont'd 
 Necessity that indictment or information 
 show on its face that prosecution is 
 carried on in the name and by the 
 authority of the state. 20 L.R.A. 
 (N.S.) 1034. 
 
 11. Necessity, mode, and record of 
 bringing into court. 
 
 Necessity that indictment be brought into 
 
 open court. 26 L.R.A. (N.S.) 683. 
 Indorsement by clerk as "filed" as proof 
 
 that it was returned. 26 L.R.A. (N.S.) 
 
 683. 
 Presence of the grand jury. 26 L.R.A. 
 
 (N,S.) 684. 
 Necessity that return be made bv foreman. 
 
 26 L.R.A. (N.S.) 684. 
 Presumptions as to regularity of proceed- 
 
 ings. 26 L.R.A. (N.S.) 684. 
 Necessity that record show the return into 
 open court. 26 L.R.A. (N.S.) 685. 
 Amendment to the record. 26 L.R.A. (N.S.) 
 
 688. 
 
 Waiver. 26 L.R.A. (N.S.) 688. 
 Miscellaneous cases. 26 L.R.A. (N.S.) 689. 
 
 12. Verification. 
 
 Necessity of. L.R.A.1915B, 651. 
 
 Waiver of. 31 L.R.A.(N.S.) 805. 
 
 Amendment of verification of indictment to 
 cure defect for which motion in arrest 
 of judgment has been made. 67 L.R.A. 
 182. 
 
 777. Particular offenses. 
 
 13. Generally. 
 
 May indictment involving felonious taking 
 
 of property lay ownership in one in 
 
 possession of property as agent, bailee, 
 
 etc. 21 L.R.A. (N.S.) 311. 
 Indictment for rape of female of unsound 
 
 mind. L.R.A. 1916F, 748. 
 Illicit cohabitation. L.R.A.1916C, 669. 
 For violation of embargo on shipment of 
 
 arms into Mexico. L.R.A. 1917A, 281. 
 For violation of Selective Service Act of 
 
 May 18, 1917. L.R.A.1918E, 1026. 
 Indictment under the Espionage Act of 
 
 June 15, 1917. L.R.A.1918F, 410. 
 For violation of acts regulating speed of 
 
 automobiles. L.R.A.1918D, 146. 
 
 14. Assault. 
 
 Charging assault with intent to kill, when 
 actual intent directed against another. 
 7 L.R.A. (N.S.) 630. 
 
 15. Burglary. 
 
 Pleading value of goods taken or sought 
 to be taken in indictment for burglary. 
 34 L.R.A. (N.S.) 246. 
 
 May an indictment involving the felonious 
 taking of property lay ownership in one 
 in possession of property as agent, 
 bailee, etc. 21 L.R.A. (N.S.) 311. 
 
 16. Dams. 
 
 For damming back water of stream. 59 
 I..R.A. 886. 
 
 iritJi this bool* on 
 
 INDICTMENT, ETC., III. cont'd 
 16a. Disorderly houses. 
 
 Allegation of time in prosecution for keep- 
 ing disorderly house. 49 L.R.A. (N.S.) 
 792. 
 
 17. Embezzlement. 
 
 Character of occupation of premises as af- 
 fecting correct wording of indictment 
 in prosecution for embezzlement. 4 
 L.R.A. (N.S.) 707. 
 
 18. Extortion. 
 
 For extortion. 4 L.R.A. 360;* 11 L.R.A. 
 658.* 
 
 19. False pretenses. 
 
 For expression of opinion as false pre- 
 tenses. 35 L.R.A. 435. 
 
 Indictment for false pretenses ; necessity 
 and sufficiency of allegations as to 
 causal connections between the false 
 pretenses and the loss. 27 L.R.A. 
 (N.S.) 363. 
 
 May indictment or information for obtain- 
 ing money under false pretenses lay 
 ownership in one who was in posses- 
 sion of the property as agent, bailee,, 
 etc. 22 L.R.A. (N.S.) 645. 
 
 Use of term "confidence game" or similar 
 term in statute or indictment to de- 
 scribe offense. L.R.A.1916F, 684. 
 
 20. Forgery. 
 
 Sufficiency of common-law indictment for 
 perjury to support conviction for &. 
 similar statutory offense. 33 L.R.A. 
 (N.S.) 946. 
 
 Sufficiency of averment in indictment or 
 information for perjury as to ju- 
 risdiction or authority to admin- 
 ister oath. 32 L.R.A. ( N.S. ) 142. 
 Necessity of sotting out copy of forged in- 
 strument. 31 L.R.A. (N.S.) 215. 
 Necessity of naming person to whom in- 
 strument was passed. 31 L.R.A. 
 (N.S.) 1046. 
 
 21. Homicide. 
 
 Charging negligent homicide; form of. 61 
 
 L.R.A. 298. 
 For homicide in commission of unlawful 
 
 act. 63 L.R.A. 393. 
 For homicide in resisting arrest. 66 L.R.A. 
 
 381. 
 
 For homicide in carrying out unlawful con- 
 spiracy. 68 L.R.A. 214. 
 For homicide in commission of or attempt 
 
 to commit abortion. 63 L.R.A. 911: 
 
 49 L.R.A. (N.S.) 583. 
 Charge of time- and place in indictment for 
 
 homicide. 3 L.R.A. (N.S.) 1019. 
 Conviction of lower or different degree in 
 
 prosecution for homicide. 21 L.R.A. 
 
 (N.S.) 16; 43 L.R.A. (N.S.) 813. 
 
 2 la. Infringement of union labels. 
 
 Form of indictment for. 39 L.R.A.(N.S.) 
 1202. 
 
 law question,
 
 INDEX TO L.R.A. NOTES. 
 
 689 
 
 INDICTMENT, ETC., III. cont'd 
 22. Intoxicating liquors. 
 
 Must indictment or information for unlaw- 
 ful sale of intoxicating liquors state 
 name of person to whom sale is made. 
 23 L.R.A.(N.S.) 581. 
 
 Sufficiency of indictment or complaint 
 against carrier for transporting intoxi- 
 cating liquors. 46 L.R.A. 422. 
 
 Use of disjunctive "or" in charging kind or 
 quality of liquor sold. 51 L.R.A. 
 (N.S.) 133. 
 
 23. Larceny. 
 
 Allegations of ownership of property of 
 married woman in indictment for lar- 
 ceny. 3 B. R. C. 779. 
 
 Form of allegation of ownership of prop- 
 erty of a decedent's estate, in an in- 
 dictment or information for larceny. 
 L.R.A.1916E, 785. 
 
 Sufficiency of description of money in an 
 indictment for larceny. 36 L.R.A. 
 (N.S.) 933. 
 
 Sufficiency of description of property in an 
 indictment or information for larceny. 
 34 L.R.A. (N.S.) 301; L.R.A.1915B, 71. 
 
 May an indictment involving the felonious 
 taking of property lay ownership in 
 one in possession of property as agent, 
 bailee, etc. 21 L.R.A. ( N.S.') 31]. 
 
 24. Lottery. 
 
 For maintaining lottery. 3 L.R.A. 403.* 
 
 25. Nuisances. 
 
 To abate common nuisance. 
 9 L.R.A. 717.* 
 
 4 L.R.A. 210;* 
 
 26. Perjury. 
 
 Sufficiency of common-law indctments for 
 perjury to support conviction for a sim- 
 ilar statutory offense. 33 L.R.A. 946. 
 
 Sufficiency ot averment in indictment as to 
 jurisdiction or authority to administer 
 oath. 32 L.R.A. 142. 
 
 27. Prize fight ing. 
 
 For prize fighting. 15 L.R.A. 517. 
 
 8 27a. Prostitution. 
 
 Indictment for violation of congressional 
 "white slave traffic act." L.R.A.1915A, 
 869. 
 
 S 27b. Receiving stolen property. 
 
 Sufficiency of description of property in an 
 indictment or information for receiv- 
 ing" stolen property. L.R.A. 1<n.>B, 83. 
 
 28. Robbery. 
 
 Sufficiency of indictment. 34 L.R.A. (N.S.) 
 
 301. ' 
 May indictnu :it lay ownership in one in 
 
 possession as agent, bailee, etc. 21 
 
 L.R.A. (N.S.) 311. 
 Consult also L.R.A. Dicjexts of Cases. 44 
 
 INDICTMENT, ETC. cont'd 
 
 IV. Quash ing ; amendment; joinder; 
 duplicity. 
 
 29. Quashing. 
 
 Right to quash part of a count of an indict- 
 ment, leaving the remainder of the 
 count intact. 22 L.R.A. (N.S.) 469. 
 
 Termination of criminal prosecution by 
 quashing of indictment so as to sup- 
 port suit for malicious prosecution. 
 2 L.R.A. (N.S.) 937. 
 
 Raising objection of duplicity by motion to 
 quash. 49 L.R.A. ( N.S. ) "454. 
 
 Effect on conviction of failure to give ac- 
 cused an opportunity to plead after mo- 
 tion to quash. 45 L.R.A. (N.S.) 607. 
 
 Improper evidence as ground for quashing 
 indictment. 47 L.R.A. (N.S.) ]207. 
 
 30. Correction: amendment. 
 
 Effect upon prisoner's rights of necessity 
 of amendment of charge upon which he 
 was extradited. 25 L.R.A. 593; 47 
 L.R.A.(N.S.) 807. 
 
 Power to correct by dismissal as to part. 
 35 L.R.A. 712.' 
 
 Amendment of, to cure defect for which 
 motion in arrest of judgment has been 
 made. 67 L.R.A. 182. 
 
 Effect on conviction of failure to give ac- 
 cused an opportunity to plead after 
 amendment of indictment. 13 L.R.A. 
 (N.S.) 815; 45 L.R.A. ( N.S. ) 667. 
 
 31. Joinder; duplicity. 
 
 How and when objection of duplicity is to 
 be made. 49 L.R.A. (N.S.) 453. 
 
 INDIGENT PERSONS. 
 
 See POOR AND POOR LAWS. 
 
 INDORSEMENT. 
 
 Of note, see BILLS AND NOTES, 26-42. 
 Of bill of lading, see BILLS OF LADING. 
 In blank, see BLANKS, 3. 
 Of check, see CHECKS, 6. 
 
 Purchase of money order from agent of in- 
 dorsee. 3 L.R.A. (N.S.) 136. 
 
 INDUCEMENT. 
 
 For confession, see EVIDENCE, 207. 
 
 INDUCTION. 
 
 See ELECTRICITY, 5.
 
 690 
 
 1XDKX TO L.R.A. NOTES. 
 
 INDULGENCE. 
 
 Discharge of surety by indulgence to prin- 
 cipal, see PRINCIPAL AND SURETY, 
 H-16. 
 
 INDUSTRIAL DISEASES. 
 
 See OCCUPATIONAL DISEASES. 
 
 INDUSTRIAL INSURANCE. 
 
 In general, see WORKMEN'S COMPENSATION. 
 
 Constitutionality of compulsory industrial 
 insurance. *37 L.R.A. (N.S.) 466. 
 
 INDUSTRIAL LIFE INSURANCE. 
 
 "Facility of payment" clause in industrial 
 life policies. L.R.A.1916F, 461. 
 
 INDUSTRIAL PLANT. 
 
 Injury to one examining industrial plant. 
 21 L.R.A. (N.S.) 466. 
 
 INEBRIATES. 
 
 See HABITUAL DRUNKARDS. 
 
 INEBRIETY. 
 
 See DRUNKENNESS. 
 
 INEFFICIENT MANAGEMENT. 
 
 Treatment of cost of, in estimating return 
 of a public service corporation for rate- 
 making purposes. 52 L.R.A. (X.S.) 51. 
 
 INEQUITABLE CONDUCT. 
 
 Relief from mistake of law as to effect of 
 instrument accompanied by inequita- 
 ble conduct. 28 L.R.A. (N.S.) 858. 
 
 INEVITABLE ACCIDENT. 
 
 INEXACT SCIENCES. 
 
 Books of, as evidence. 40 L.R.A. 561. 
 
 INEXPERIENCE. 
 
 Evidence of specific instances of inexperi- 
 ence of servant. 14 L.R.A. (X.S.) 772. 
 
 IN EXTREMIS. 
 
 Testamentary capacity of person executing 
 will in extremis. 27 L.R.A.(N.S.) 32, 
 98; L.R.A.1915A. 452. 
 
 INFAMOUS CRIME. 
 
 Wbat constitutes, 
 provisions. 17 
 
 within constitutional 
 L.R.A. 764. 
 
 of, 
 
 INFANTS. 
 
 1. In general, 1-5. 
 II. Custody; support, 6-13. 
 
 a. Custody of, 6-1O. 
 
 b. Support and protection 
 
 11-13. 
 
 III. Capacity and disabilities; con- 
 
 tracts; liabilities. 14- 
 24. 
 
 a. In general, 14, 15. 
 
 b. Contracts, 16-23. 
 
 1. In general, 16-19. 
 
 2. Affirmance : disaftirm- 
 
 ance, 2O-23. 
 
 c. Liability for torts, 24. ' 
 
 IV. Property and conveyance of same, 
 
 25-29. 
 
 V. Actions by or against: judgments, 
 30-36. 
 
 a. In general, 3O-34. 
 
 b. Judgments, 35, 36. 
 
 VI. Liability for killing or injuring 
 child, 37-41. 
 
 a. In general, 37-39. 
 
 b. Contributory negligence, 
 
 40. 
 
 c. Assumption of risk by in- 
 
 fant, 41. 
 
 I. In general. 
 
 1. Generally. 
 
 Abandonment of, see ARAXDONMENT, 12. 
 Abduction of, see ABDUCTION AND IDNAP- 
 
 PING. 
 Enlistment of. see AR:.FY AND XAVY, 2. 
 
 Effect of, on carrier's liability, see CAR- Constitutionality of statutes as to, see 
 
 , , , nOXSTTTT'TTOX AT. T AW SS f>7 ?>8 
 
 KlE>Ka, HI. 
 
 See also ACT OF GOD. 
 
 Liability of carrier for injuries arising 
 
 LAW, 57, 58. 
 Punishment of, for crime, see CRIMINAL 
 
 LAW. S 7:;. 
 Domicil of, see DOMICIL AND RESIDENCE, 
 
 from. 2 L.R.A. 252. 2. 
 
 Confusion of goods by. L.R.A.1917D, 851. Enticement of, see ENTICING. 
 Begin icith this fooofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 601 
 
 INFANTS. I. confd 
 
 Confessions by. see EVIDENCE, 210. 
 
 Adinissibility of declarations of. see EVI- 
 DENCE, 218: 
 
 Guardian^ of. see GUARDIAN AND WARD. 
 
 Insurance on life of, see INSURANCE, 37. 
 
 Sale of liquor to. see INTOXICATING LI- 
 QUORS. 28, 29. 
 
 Statutes establishing juvenile courts, see 
 JUVENILE COURTS. 
 
 Larceny by, see LARCENY. 5. 
 
 Master's liability for negligence of infant 
 emplovee, see MASTER AND SERVANT, 
 179.' 
 
 Relation of, to parent generally, see PARENT 
 AND CHILD. 
 
 Adoption of, see PARENT AND CHILD, 16- 
 18. 
 
 Rape of female infant, see RAPE, 3. 
 
 As pupils, see SCHOOLS. 
 
 Legal status of adopted child. 17 L.R.A. 
 435. 
 
 Contest by infant beneficiary of will con- 
 taining provision for forfeiture by any 
 contesting beneficiary. 68 L.R.A. 453. 
 
 Necessity for administration in devolution 
 of personalty when decedent was a 
 minor. 15 L.R.A. 496. 
 
 Personal liability of executor or adminis- 
 trator to distributees for interest 
 where settlement of estate is delayed 
 by infancy of distributees. 31 L.R.A. 
 i N.S.i 361. 
 
 Adinissibility of dying declarations of. 56 
 L.R.A. 360. 
 
 Inference from minority of incompetency Qf 
 servant to perform duties of a par- 
 ticular employment. 20 L.R.A. (N.S.) 
 331. 
 
 Validity of statutes establishing tribunals 
 for juvenile offenders. 3 L.R.A. (N.S.) 
 564. 
 
 Payment of money deposited to credit of 
 minor to person other than guardian. 
 20 L.R.A. I N.S.) 67. 
 
 Restraint on freedom of. as impairment of 
 child's constitutional rights. 18 L.R.A. 
 (N.S.) 886. 
 
 Right of stranger to action to appear as 
 annc-us curiae to protect interests of 
 infants. 44 L.R.A. (N.S.) 1182. 
 
 Liability on liquor dealer's bond for permit- 
 ting minors to enter saloon. L.R.A. 
 1916E, 275. 
 
 Liability of one who sells dangerous in- 
 strumentalities to child in violation 
 of statute or ordinance for injury in- 
 dicted thereby upon child or third per- 
 son. L.R.A.1915C, 460. 
 
 2. Child labor. 
 
 Statutes as to employment of children, see 
 MASTER AND SERVANT, 12. 
 
 Injury to minor emplovee. see MASTER AND 
 SERVANT, 50, 5lj 55, 76-78. 122, 124. 
 
 6 3. Ejection for nonpayment of fare 
 of. 
 
 Ejection of custodian for nonpayment of 
 child's fare. 38 L.R.A. 140; L.R.A. 
 19151v 313. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INFANTS, I. cont'd 
 
 Sufficiency of tender of fare by custodian 
 
 of child to prevent ejection." 31 L.R.A. 
 
 (N.S.) 995. 
 
 4. Insurance on life of. 
 
 See INSURANCE, 37. 
 
 5. When majority reached. 
 See MAJORITY, 1. 
 
 II. Custody; support. 
 
 a. Custody. 
 
 6. Generally. 
 
 Validity of contract as to, see CONTRACTS, 
 '87, 87a. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 17. 
 
 In case of divorce, see DIVORCE AND SEPA- 
 RATION, 55, 56. 
 
 Collusiveness of habeas corpus decree as 
 to, see JUDGMENT, 26. 
 
 Custody of illegitimate child : who entitled 
 to." 65 L.R.A. 689. 
 
 Placing one's child in another's custody as 
 implying contract not to reclaim child. 
 16 L.R.A. (N.S.) 1004. 
 
 Effect of contract on parent's right to cus- 
 tody of child. 41 L.R.A. (N.S.I 578. 
 
 Taking of child by or at instance of one 
 parent from custody of other as kidnap- 
 ping. 32 L.R.A. (N.S.) 845; L.R.A. 
 191 5B, 189. 
 
 Liability for enticement of minor from par- 
 ent's service. 1 L.R.A. (N.S.) 205. 
 
 Right of minor unlawfully enlisted in Ar- 
 my or Navy to discharge upon habeas 
 corpus from custody of court martial 
 under charge of desertion or fraudu- 
 lent enlistiment. 18 L.R.A.(N.S.) 956; 
 L.R.A.1917D, 1059. 
 
 Effect of father's attempt to appoint guard- 
 ian for child against the surviving 
 wife. 13 L,R.A.(N.S.) 288. 
 
 Denial of custody of child to parent for its 
 well-being. 41 L.R.A. (N.S.) 564. 
 
 Exacting bond for production of child as 
 condition of awarding custody to one 
 parent as against other. L.R.A.1915A. 
 576. 
 
 What amounts to enticement of minor child 
 from custody. 48 L.R.A. (N.S.) 1001. 
 
 Homicide or assault to prevent one from 
 taking a child. L.R.A.1915A, 73. 
 
 7. Right to provide for by will. 
 
 Parent's right to will custody of child. 2 
 L.R.A. (N.S ) 203. 
 
 Effect of attempt by a father to appoint 
 guardian for child against the surviv- 
 ing mother. 13 L.R.A. (N.S.) 288. 
 
 8. In state institution. 
 
 State guardianship of children. 15 L.R.A. 
 
 593. 
 
 Commitment to reformatories without con- 
 viction of crime. 16 L.R.A. 691.
 
 692 
 
 INDEX TO L.R.A. NOTES. 
 
 INFANTS, II. a cont'd 
 
 9. Right to remove, from state. 
 
 Removal by statutory or testamentary 
 
 guardian. 58 L.RJt 931. 
 Removal by parent. 58 L.R.A. 937. 
 Removal by stranger. 58 L.R.A. 939. 
 Statutes. 58 L.R.A. 941. 
 
 10. In other jurisdiction. 
 
 Jurisdiction to award custody of child tem- 
 porarily within the state, but domiciled 
 elsewhere. 10 L.R.A. (N.S.) 690. 
 
 Recognition of right, emanating from for- 
 eign power, to the custody and con- 
 trol of a child. 7 L.R.A.(N.S.) 306. 
 
 b. Support and protection of. 
 
 8 11. Generally. 
 
 Parent's liability for necessaries furnished 
 infant, see infra, 18a. 
 
 Validity of contract as to, see CONTRACTS, 
 *87, 87a. 
 
 In case of divorce, see DIVORCE AND SEPA- 
 RATION, 57. 
 
 Support oy parent of adult child, see PAR- 
 ENT AND CHILD, 9. 
 
 Parent's duty to support. 57 L.R.A. 728. 
 
 Recovery by mother against father for 
 money expended in support of chil- 
 dren.' 38 L.R.A.(N.S.) 508; 
 1915A, 1137. 
 
 Limitation of time for action to compel 
 support of illegitimate child. 40 
 L.R.A. (N.S.) 144. 
 
 INFANTS cont'd 
 
 ///. Capacity; disabilities; 
 liabilities. 
 
 a. In general. 
 
 contracts; 
 
 14. Generally. 
 
 Actions and judgments by or against, see 
 infra, V. 
 
 Duty and liability of infant bailee, see 
 'BAILMENT, 8. 
 
 Criminal liability of children, see CRIMI- 
 NAL LAW, '7; HOMICIDE, 20; RAPK. 
 2. 
 
 Estoppel of infant by fraud or misrepre- 
 sentations as to age, see ESTOPPEL,. 
 29. 
 
 Guardianship of, see GUARDIAN AND WARD. 
 
 Eligibility to office, see OFFICERS, 6. 
 
 Effect of infancy on running of limitations, 
 see LIMITATIONS OF ACTIONS, 47. 
 
 Competency of, as witnesses, see WIT- 
 NESSES, 13. 
 
 As deputy sheriff. 13 L.R.A. 721. 
 
 As members of co-operative insurance com- 
 pany. 17 L.R.A. 547. 
 
 Right to locate mining claim. 7 L.R.A. 
 (N.S.) 816. 
 
 Right of court to hold, as a matter of law, 
 that a child of tender years is inca- 
 pable of rendering valuable services. 
 tg 41 L.R.A.(N.S.) 795. 
 
 L R A Enlistment of, without parent's consent, in 
 army or navy. 39 L.R.A. (N.S.) 454. 
 
 12. Parent's duty to support as af- 
 fected by child's property interests. 
 
 Generally. 57 L.R.A. 729. 
 
 Obligation of parent who has ability to 
 
 support. 57 L.R.A. 729. 
 Application of child's property. 57 L.R.A. 
 
 730. 
 Rights of creditors. 57 L.R.A. 741. 
 
 13. Criminal liability for lack of. 
 
 Criminal liability for neglect of child caus- 
 ing death. 61 L.R.A. 290. 
 
 Criminal responsibility of parent for fail- 
 ure to support child where support is 
 furnished by others. 32 L.R.A. (N.S.) 
 841; L.R.A.1915A, 564. 
 
 Criminal responsibility for failure to pro- 
 vide child with medical attendance and 
 remedies. 1 B. R. C. 747; 6 B. R. C. 
 464. 
 
 Effect of failure to provide medical attend- 
 ance for. to render oiie guilty of man- 
 slaughter. 6 L.R.A. (N.S.) 685; 45 
 L.R.A. (N.S.) 559. 
 
 Religious belief as excuse for failure to 
 furnish medical aid to child. 30 
 L.R.A. (N.S.) 633. 
 
 Wife as witness against husband in prose- 
 cution for failing to support children. 
 L.R.A. 1017E. 1133. 
 
 Jtcffin n-itti this boo/.- on evert/ lair question. 
 
 15. Marriage; emancipation. 
 
 How far marriage of infant works emanci- 
 pation. 16 L.R.A. 578; 24 L.R.A. 
 (N.S.) 160. 
 
 Conflict of laws as to validity of marriage 
 of. 57 L.R.A. 172; 43 ' L.R.A. (N.S.) 
 357. 
 
 Validity of marriage of persons of non- 
 age. 22 L.R.A. (N.S.) 1202; L.R.A. 
 1916C, 740. 
 
 Effect of parents', consent to marriage of 
 minor child. 22 L.R.A. (N.S.) 1206. 
 
 Effect of statute fixing age of consent in 
 defining statutory rape as determining 
 age of consent for marriage. 21 L.R.A. 
 (N.S.) 847. 
 
 Parent's statutory right of action for death 
 of emancipated child. L.R.A. 1916E, 
 122. 
 
 b. Contracts. 
 1. In general. 
 
 16. Generally. 
 
 Estoppel of infant by misrepresentations 
 
 as to age, see ESTOPPEL, 29. 
 Contracts between parent and child, see 
 
 PARENT AND CHILD, 6. 
 Contracts of parent and child with third 
 
 persons, see PARENT AND CHILD, 7, 8^ 
 Power of child to bind parent by contracts^ 
 
 see PARENT AND CHILD, 8. 
 
 Right of infant to enforce specific perform- 
 ance of contract. L.R.A. 191 8A, 787.
 
 INDEX TO L.R.A. NOTES. 
 
 693 
 
 INFANTS, III. b, 1 cont'd 
 
 Infant's act in inducing another to enter 
 into a contract with him by represent- 
 ing that he is of age as constituting 
 offense of false pretenses. 24 L.R.A. 
 (N.S.) ]]Q1. 
 
 Execution of power of appointment bv. 64 
 L.R.A. 907. 
 
 Implied agreement to pay for services ren- 
 dered by infant relative or member of 
 household. 11 L.R.A. (N.S.) 888. 
 
 Binding effect of stipulation in contract, as 
 to time for suit thereon. 1 L.R.A. 
 (N.S.) 525. , , .; 
 
 Klfect of statute of frauds upon parol con- 
 tracts relating to. which may, but are 
 not intended to be. performed within a 
 year. 15 L.R.A. (N.S.) 318. 
 
 Lack of parent or guardian as enlarging 
 infant's capacity to contract for other 
 than necessaries. 36 L.R.A. (X.S.) 57. 
 
 Effect of part performance of contract for 
 services by. 24 L.R.A. 233. 
 
 Infant's right to repudiate contract to 
 work for, and sue on quantum meruit. 
 15 L.R.A. 211. 
 
 Injunction to prevent infant from breach- 
 ing contract made by or for him. 
 L.R.A.1916E, 686. 
 
 Conflict of laws as to capacity to contract 
 in relation to real property. L.R.A. 
 1910A, 1039. 
 
 Guardian's consent as affecting infant's 
 contract. L.R.A.1915C. 362. 
 
 Consent of infant or his guardian, commit- 
 tee, or agent to a license for the sale 
 of intoxicating liquors. L.R.A. 1916D, 
 819. 
 
 Validity of settlement between guardian 
 and ward out of court. L.R.A.1916E, 
 863. 
 
 Infants as lessees. 47 L.R.A. (N.S.) 543. 
 
 Validity of bond executed by an infant. 
 6 B. R. C. 115. 
 
 Power of infant to compromise or settle 
 bastardy proceedings. L.R.A. 1918D, 
 302. 
 
 Lien for repairs or storage upon automo- 
 bile of infant. L.R.A.1918D, 330. 
 
 17. Statement of accounts. 
 
 Statement of accounts by. 27 L.R.A. 819. 
 Effect of infant's retaining an account to 
 
 render it an account stated. 29 L.R.A. 
 
 (N.S.) 340. 
 
 18. Necessaries. 
 
 Furnished to married woman, see HUSBAND 
 AND WIFE, 7, 8. 
 
 Liability of infant husband for necessaries 
 furnished wife while living with him. 
 65 L.R.A. 550. 
 
 Must the plaintiff in an action against an 
 infant for necessaries furnished show 
 them actually to have been required. 
 1 B. R. C. 156. 
 
 18a. liability of parents or step- 
 parents. 
 
 Education or instruction as necessarv. 42 
 
 L.R.A.(N.S.) 1115. 
 Consult also L.R.A. Digests of Cases. 
 
 INFANTS, III. b, 1 cont'd 
 Right of one who employs minor without 
 parents' consent to allowance on ac- 
 count of expenditures for necessaries. 
 9 L.R.A. (N.S.) 411. 
 
 Liability of parent for necessaries fur- 
 nished minor child who is living 
 away from the parent's home. 40 
 L.R.A. (N.S.) 488; L.R.A.1917B, 
 693. 
 
 Step-parent's liability for necessaries fur- 
 nished step-child. 42 L.R.A. (N.S.) 
 535. 
 
 19. what are. 
 
 Bicycles as necessaries. 47 L.R.A. 307. 
 Liability for legal services. 44 L.R.A. 
 (N.S.) 411. 
 
 2. Affirmance; disaffirmance. 
 
 20. Affirmance. 
 
 New promise after majority. 53 L.R.A. 
 
 365. 
 
 Effect of infant's retaining account to ren- 
 der it account stated. 29 L.R.A. (N.S.) 
 340. 
 
 Possession after majority as affirmance of 
 lease by infant. 47 L.R.A. (N.S.) 
 547. 
 
 21. Disaffirmance. 
 
 Avoidance of brokerage agency. 41 L.R.A. 
 (N.S.) 1219. 
 
 Avoidance by infant of release of cause of 
 action ex dclicto. 11 L.R.A. (N.S.) 690. 
 
 Effect upon title to property purchased by 
 infant of his disaffirmance, after ma- 
 jority, of his executory contract to pay 
 for the same. 8 L.R.A. (N.S.) 104. 
 
 Rights and remedies of parties to condi- 
 tional sale to infant. 52 L.R.A. (N.S.) 
 723. 
 
 22. right to disaffirm. 
 
 Survival of infant's right to disaffirm con- 
 tract. 43 L.R.A. (N.S.) 714. 
 Right of infant to disaffirm contract or 
 conveyance before majority. 51 
 L.R.A*.(N.S.) 28. 
 
 Infant's right to repudiate contract for 
 services and sue on quantum 
 meruit. 15 L.R.A. 211. 
 Right of woman to disaffirm marriage set- 
 tlement executed while she was an in- 
 fant. 12 L.R.A.(N.S.) 1184. 
 Right of infant to rescind purchase of cor- 
 porate stock. 28 L.R.A. (N.S.) 128. 
 Right of an infant to disaffirm transfer of 
 note by indorsement. L.R.A.1917B, 
 1174. 
 
 g 23. essentials to disaffirmance. 
 
 On disaffirmance by infants of conditional 
 sale contract. * 52 L.R.A. (N.S.) 723. 
 
 Necessity of returning consideration in or- 
 der to disaffirm infant's contract. 
 26 L.R.A. 177.
 
 6fl4 
 
 INDEX TO L.R.A. NOTES. 
 
 INFANTS, III. cont'd 
 
 c. Liability for torts. 
 
 24. Generally. 
 
 Criminal responsibility for assault and 
 battery, see ASSAULT AND BATTERY. 
 7. 
 
 Estoppel of infant by fraud in misrepre- 
 senting age, see ESTOPPEL, 29. 
 
 Liability of parent for tort committed by 
 infant, see PARENT AND CHILD, 10. 
 
 General liability of an infant for torts. 
 57 L.R.A. 673; 35 L.R.A.(N.S.) 574. 
 
 Tort in inducing a contract. 57 L.R.A. 675. 
 
 Tort in the performance of a contract. 57 
 L.R.A. 680; 35 L.R.A. (N.S.) 574. 
 
 Conversion of team driven to place for 
 which it was not hired to go. 26 L.R.A. 
 366. 
 
 Other torts arising from contracts. 57 
 L.R.A. 683. 
 
 Estoppel of an infant by his fraud. 57 
 L.R.A. 684. 
 
 Liability of an infant as trustee or officer. 
 57 L.R.A. 688. 
 
 Infant's acts in inducing another to enter 
 into contract with him by representing 
 that he is of age as constituting of- 
 fense of false pretenses. 24 L.R.A. 
 (N.S.) 1101. 
 
 Liability of infant for money loaned him 
 through his fraudulent representation. 
 6 B. R. C. 761. 
 
 Responsibility of infant for tort of his serv- 
 ant or agent. 51 L.R.A. (N.S.) 1092. 
 
 IV. Property and conveyance of same. 
 
 25. Generally. 
 
 Rights in homestead, see HOMESTEAD, 19, 
 20. 
 
 Effect on title to property purchased by 
 infant of his disaffirmance, after ma- 
 jority, of his executory contract to pay 
 for same. 8 L.R.A.(N.S.) 104. 
 
 Infant en venire sa mere as grantee in 
 deed. 44 L.R.A. 489. 
 
 Capacity of child en venire sa mere to take 
 under devise or bequest to "children," 1 
 etc. 1 B. R. C. 582. 
 
 Liability of estate of infant for funeral 
 expenses. 33 L.R.A. 662; 52 L.R.A i 
 (N.S.) 1155. 
 
 Place of taxation of infant's property. 20 
 L.R.A. 155. 
 
 Effect of statutes relating to infants on 
 descent of ancestral estates. L.R.A. 
 3916C, 926. 
 
 26. Lien on. 
 
 Right to mechanics' lien for improvements i 
 made on infant's land by authority of i 
 guardian. 15 L.R.A. (N.S.) 1159. " 
 
 27. Sale or lease of. 
 
 * jLMgnti \ri uai Ulttll H.I i [in 
 
 Kffect of sale of lands of infants on descent ward. 32 L.R.A. 684. 
 
 INFANTS, IV. cont'd 
 
 Power to lease, or to authorize a lease of, 
 infant's lands beyond his minor- 
 ity or the guardianship. L.R.A. 
 1916F, 4!)!). 
 
 Widow's right to convey, lease, or encum- 
 ber homestead during minority of chil- 
 dren. 10 L.R.A. (N.S.) 787. 
 Title of purchaser at judicial sale of in- 
 fant's lands as affected by failure to 
 give bond. 21 L.R.A. 41. ' 
 
 28. by infant. 
 
 Release by infant of interest in estate. 05 
 L.R.A. 583. 
 
 Conveyance bv infant of land held adverse- 
 ly. 35 L.R.A. (N.S.) 749. 
 
 Delay of infant in paying purchase price 
 or bringing suit as bar to action for 
 specific performance of contract for 
 sale of land of which time is not of 
 the essence. 25 L.R.A. (N.S.) 639. 
 
 29. by guardian ad litem. 
 
 By guardian generally, see GUARDIAN AND 
 WARD, 7, 14. 
 
 Effect of fact that guardian ad litem ap- 
 pointed to sell land was interested in 
 the purchase. 26 L.R.A. (N.S.) 558. 
 
 V. Actions by or against; judgment*. 
 a. In general. 
 
 30. Generally. 
 
 Right of infant to enforce specific perform- 
 ance of contract. L-R.A.1918A, 787. 
 
 Interruption of statute of limitations by in- 
 fancy of one succeeding to original 
 owner's interest. 3 B. R. C. 741. 
 
 When infant real party in interest, by whom 
 action must be brought. 64 L.R.A. 610. 
 
 Admission and waivers by representative^ 
 of, in actions. 32 L.R.A. 671. 
 
 Is minor's right to damages for the negli- 
 gent killing of parent limited to the 
 period of minority. 18 L.R.A. ( N.S. ) 
 1205. 
 
 Binding effect of stipulation in contract, 
 as to time for suit thereon. 1 L.R.A. 
 (N.S.) 525. 
 
 Delay of infant in paying purchase price or 
 bringing suit as bar to action for spe- 
 cific performance of contract for sale 
 of land of which time is not of the es- 
 sence. 25 L.R.A. (N.S.) 639. 
 
 Waiver in case of infant of privilege as to 
 communications between physician and 
 patient. 48 L.R.A. (N.S.) 420. 
 
 Statutory right of action for death of par- 
 ent. L.R.A. 1916E, 129. 
 
 Abandonment of child as affecting right to 
 recover damages for negligent killing 
 of father. L.R.A. 19 16C, 806. 
 
 31. How represented. 
 
 Right of guardian to enter appearance of 
 
 of ancestral 
 910. 
 
 estates. L.R.A. 1016C, Right of guardian to maintain ejectment. 
 
 Begin icith this book on every law question. 
 
 18 L.R.A. 789.
 
 ' INDEX TO L.R.A. NOTES. 
 
 695 
 
 INFANTS, V. a cont'd 
 
 Right of stranger to action to appear as 
 amicus curiae to protect interests of 
 infants. 44 L.R.A. (N.S.) 1182. 
 
 32. guardian ad litem or next 
 friend. 
 
 Guardian ad litem, as proper party to bring 
 suit, see PARTIES, 24. 
 
 Power to enter appearence. 32 L.R.A. 683. 
 
 Control of guardian ad litem or next friend 
 over action. 16 L.R.A. 507. 
 
 Right of parent, guardian, or next friend to 
 compromise infant's cause of action for 
 personal injuries. 21 L.R.A.(N.S.) 338; 
 L.R.A.1918C, 58. 
 
 Right of next friend to receive payment of, 
 and satisfy, judgment recovered in be- 
 half of infant. 11 L.R.A. (N.S.) 913; 
 L.R.A.1918C, 55. 
 
 Effect of fact that guardian ad litem ap- 
 pointed in proceedings for sale of in- 
 fant's land was interested in the pur- 
 chase. 26 L.R.A. (N.S.) 558. 
 
 Necessity of guardian or next friend for 
 infant in bastardy proceedings. 52 
 L.R.A. (N.S.) 799. 
 
 33. Arbitration of infant's cause of 
 action. 
 
 In general. 70 L.R.A. 171. 
 
 Power to submit for infant. 70 L.R.A. 172. 
 
 Power of court to determine advisability 
 of submission. 70 L.R.A. 175. 
 
 Right to plead infancy of parties to sub- 
 mission. 70 L.R.A. 17G. 
 
 g 34. Compromise of. 
 
 Right of parent, guardian, or next friend 
 to compromise infant's cause of action 
 for p: rsonal injuries. 21 L.R.A. (N.S.) 
 338; L.R.A.1918C, 58. 
 
 ft. Judgments. 
 
 35. Generally. 
 
 Right of alleged fraudulent grantee to at- 
 tack judgment against grantor on 
 ground of latter's infancy. 67 L.R.A. 
 598. 
 
 Injunction against judgment for irregulari- 
 ties as to. 30 L.R.A. 707. 
 
 Right to open default as affected by char- 
 acter of defense. L.R.A. 1916F, 857. 
 
 Attack on divorce decree grounded on in- 
 fancy of divorced spouse. L.R.A.1917B, 
 467." 
 
 36. Satisfaction of. 
 
 Satisfaction by attorney, guardian ad litem 
 or next friend, of judgment in favor of 
 minor. 3 L.R.A. (N.S.) 72. 
 
 Right of next friend to receive payment of, 
 and satisfy, judgment recovered in be- 
 half of infant. 11 L.R.A. (N.S.) 913; 
 L.R.A.1918C, 55. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INFANTS cont'd 
 
 VI. Liability for hilling or injuring 
 child. 
 
 a. In general. 
 
 37. Generally. 
 
 While in highway, see HIGHWAYS, 59a. 
 
 Master's liability for injury to minor serv- 
 ant, see MASTER AND SERVANT, 50, 
 51, 55, 76-78. 
 
 Negligence toward children, generally, see 
 NEGLIGENCE, 22-23?.. 
 
 Imputing negligence of others to, see NEGLI- 
 GENCE, 46-48. 
 
 Proximate cause of injury, see PROXIMATE 
 CAUSE, 2, 7, 12, 16. 
 
 Negligence towards infant on railroad track, 
 see RAILROADS, 51. 
 
 Injury by street car, see STREET RAILWAYS, 
 17. 
 
 Prenatal injury to. as ground of action. 
 45 L.R.A. (N.S.) 625. 
 
 May intervening act of a child break the 
 causal connection between the defend- 
 ant's negligence and the injury. 23 
 L.R.A. (N.S.) 249. 
 
 Master's liability for injury to child invited 
 into places^of danger by employee. 4 
 L.R.A.(N.S.) 804. 
 
 Liability of owner of vehicle for injury to 
 child invited to ride by driver. 46 
 L.R.A. (N.S.) 199. 
 
 Liability of master where servant invites 
 or permits children to ride on engine 
 or cars. L.R.A.1915E, 888. 
 
 Liability for injuries to children from ex- 
 plosives left accessible to them. 14 
 L.R.A. (N.S.) 586: 24 L.R.A. (N.S.) 
 1257; 42 L.R.A. (N.S.) 840; L.R.A. 
 1917A, 1295. 
 
 Storekeeper's liability for injuries to child- 
 ren due to condition of premises. , 21 
 L.R.A. (N.S.) 464. 
 
 Dutv of property owner to trespassing child. 
 >2 L.R.A. (N.S.) 559. 
 
 Liability of lessor for injury to trespassing 
 child. L.R.A.1916F, 1135 
 
 Duty and liability of owner to child on 
 premises for purpose of seeing his em- 
 ployees. 24 L.R.A.(N.S.) 497. 
 
 Liability to child from dangerous condi- 
 tion of private grounds lying open be- 
 side a highway or frequented path. 
 L.R.A.1918A, 860. 
 
 Right of child playing in street to recover 
 for injury by obstruction or defect 
 therein. 20 L.R.A.(N.S.) 753. 
 
 Duty in stringing electric wires to guard 
 against danger to children. 11 L.R.A. 
 (N.S.) 449; 25 L.R.A. (N.S.) 1220; 43 
 L.R.A.(N.S.) 137; L.R.A.1918E, 1039. 
 
 Liability for performing surgical operation 
 on minor without parent's consent. 7 
 L.R.A.(N.S.) 612. 
 
 Right of infant to recover damages for loss 
 of services or diminished earning ca- 
 pacity, during minority, from personal 
 injuries. 6 L.R.A. (N.S.) 552.
 
 (5'JG 
 
 INDEX TO L.R.A. NOTES. 
 
 INFANTS, VI. a cont'd 
 
 Right of parent, guardian, or next friend to 
 compromise infant's cause of action for 
 personal injuries. 21 L.R.A. (N.S.) 
 338; L.R.A.1918C, 58. 
 
 Doctrine of attractive nuisance as applied 
 to road vehicles. 50 L.R.A. (N.S.) 1147. 
 
 Liability of one who sells dangerous instru- 
 mentalities to child in violation of stat- 
 ute or ordinance for injury inflicted 
 thereby upon child. L.R.A.1915C, 460. 
 
 38. While on train or street car. 
 
 Carrier's liability for injury t9 children on 
 cars, see CARRIERS, 55. 
 
 39. Right of action for death of. 
 
 Parent's right of action for death, see 
 DEATH, 9. 
 
 Character and sufficiency of evidence to 
 show pecuniary loss in action for death 
 of infant. L.R.A.1918C, 1113. 
 
 Distinct causes of action arising from in- 
 juries to infant, resulting in death. 34 
 L.R.A. 798. 
 
 Instances of excessive or inadequate dam- 
 ages for death of child. L.R.A.1916C, 
 870. 
 
 May parent's recovery for death of minor 
 child extend beyond his minority. 48 
 L.R.A.(N.S.) 687. 
 
 b. Contributory negligence of. 
 
 40. Generally. 
 
 Contributory negligence of minor employees, 
 see MASTER AND SERVANT, 124. 
 
 Contributory negligence of children, general- 
 ly, see NEGLIGENCE, 36. 
 
 Imputing negligence of other person to 
 child, see NEGLIGENCE, 46-48. 
 
 On street car track, see STREET RAILWAYS, 
 22. 
 
 Question for jury as to, see TRIAL, 49. 
 
 Contributory negligence of children. L.R.A. 
 1917F, "10. 
 
 Contributory negligence of child in jump- 
 ing on or off moving train. 29 L.R.A. 
 (N.S.) 846. 
 
 Negligence in getting on or off moving 
 street car. 38 L.R.A. 789. 
 
 Contributory negligence of infant in at- 
 tempting to cross train standing on a 
 crossing. 13 L.R.A. (N.S.) 1069; 50 
 L.R.A. (N.S.) 1013. 
 
 Degree of care required of children in de- 
 fective street. 21 L.R.A. (N.S.) 624; 
 48 L.R.A. (N.S.) 631. 
 
 Duty of children when crossing or travel- 
 ing public streets to avoid passing 
 loams. 19 L.R.A. (N.S.) 161; 39 L.R.A. 
 (N.S.) 482. 
 
 Negligence of child in running in front of 
 automobile. 26 L.R.A. (N.S.) 435. 
 
 Personal contributory negligence of child 
 riding in vehicle driven or controlled 
 by parent. L.R.A. 1915E, 230. 
 
 Negligence of child injured by trains or cars 
 operated longitudinally along public 
 street. 49 L.R.A. ( N.S.') 686. 
 
 INFANTS, VI. b cont'd 
 
 Presumption and burden of proof as to ca- 
 pacity of minor servant to comprehend 
 and avoid danger. 29 L.R.A. (N.S. ) 
 
 487. 
 
 c. Assu nation of risk by infant. 
 
 41. Generally. 
 
 Assumption of risk by minor employees, see 
 MASTER AND SERVANT, ij 122. 
 
 Assumption of risk by. 1 L.R.A. (N.S.) 279. 
 
 In attempting to cross street car tracks. ] 1 
 
 L.R.A. (N.S.) 173; L.R.AJ917F, 172. 
 
 INFECTED HOUSE. 
 
 Municipal liability for destroying. 
 L.R.A. (N.S.) 1128. 
 
 22 
 
 INFECTION. 
 
 Infectious diseases, see CONTAGIOUS DISEAS- 
 ES. 
 
 Duty of physician called to reduce fracture. 
 12 L.R.A.(N.S.) 752. 
 
 Recovery for, under Workmen's Compen- 
 sation Act. L.R.A.1918F, 876. 
 
 Recovery under workmen's compensation 
 act for loss of eye through infection. 
 L.R.A.1916A, 326; L.R.A.1917D, 130. 
 
 INFECTIOUS DISEASES. 
 
 See CONTAGIOUS DISEASES. 
 
 Duty 
 
 INFIRM PERSONS. 
 
 towards, see CARRIERS, 
 
 of carrier 
 
 39, 40. 
 As to sickness, see SICKNESS. 
 
 Care due to when no contract relation ex- 
 ists. 69 L.R.A. 513. 
 
 Evidence of specific instances to prove in- 
 firmity of fellow servant. 14 L.R.A. (N. 
 S.) 773. 
 
 Begin iritti this book on every law question. 
 
 INFLAMMABLE MATERIALS. 
 
 As to fires generally, see FIRES; RAILROADS, 
 77, 78. 
 
 Keeping of, on insured premises, see IN- 
 SURANCE, 78a. 
 
 Regulating the keeping or storing of. 41 
 L.R.A.(N.S.) 456. 
 
 Duty of abutting owner to prevent accumu- 
 lation of, near railroad right of way. 
 12 L.R.A.(N.S.) 624. 
 
 Accumulation of material which aids spread 
 of fire originating on another's prop- 
 erty as proximate cause of destruction 
 of property of third persons. 12 L.R.A. 
 (N.S.) 446.
 
 INDEX TO L.R.A. NOTES. 
 
 697 
 
 INFLUENCE. 
 
 Undue influence, see UNDUE INFLUENCE. 
 
 Nonexpert opinion as to existence or exer- 
 cise of influence by one person over an- 
 other. L.R.A.1918A, 728. 
 
 INFORMATION. 
 
 See INDICTMENT, ETC. 
 
 INFORMATION AND BELIEF. 
 
 Denials on, see PLEADING, 3. 
 
 Affidavit or complaint in contempt proceed- 
 ings on information and belief. L.R.A. 
 1917C, 854. 
 
 Complaint or information based on as ba- 
 sis for issuance of warrant or for ex- 
 amination preliminary thereto. 10 
 L.R.A.(N.S.) 159; 25 L.R.A. (N.S.) 60. 
 
 Perjury in statements involving matters of 
 opinion or belief. 25 L.R.A. (N.S.) 654. 
 
 INFORMER. 
 
 Effect of pardon on informer's share of for- 
 feiture. 15 L.R.A. 395. 
 
 INFRINGEMENT. 
 
 Of copyright, see COPYRIGHT, 7, 8. 
 
 Of franchise, see FERRIES, 3, 4; FRAN- 
 
 CIIISE, 3. 
 
 Of patent, see PATENTS, 15-17. 
 
 Of trademark, see TRADEMARKS, 10, 11. 
 
 Of tradename, see TRADENAMES, 7. 
 
 Civil liability of insane person for. 
 L.R.A.(N.S.) 85. 
 
 42 
 
 INGREDIENTS. 
 
 Evidence as to results of use of substance 
 upon issue as to breach of warranty as 
 to ingredients. L.R.A.1915D, 875. 
 
 INGRESS. 
 
 See ACCESS. 
 
 INHERITANCE. 
 
 In general, see DESCENT AND DISTRIBUTION. 
 Tax on, see TAXES, 90-105. 
 
 Effect of statutes disposing of necessity of 
 using words of inheritance on estate 
 passing by deed. 12 L.R.A. (N.S.) 963. 
 
 Consult also' L.R.A. Dif/csts of 
 
 INHERITANCE TAX. 
 
 See TAXES, 90-105. 
 
 INHUMAN TREATMENT. 
 
 As ground of divorce, see DIVORCE AND SEP- 
 ARATION, 25. 
 
 INITIAL CARRIER. 
 
 Liability of, see CARRIERS, 98, 142, 143. 
 
 INITIALS. 
 
 See NAME, 4. 
 
 INITIATION. 
 
 Liability of benevolent or fraternal society 
 for injury to person during initiation 
 or expulsion. 13 L.R.A. (N.S.) 314; 
 L.R.A.1917C, 476. 
 
 Effect of initiation as delivery or policy 
 containing provision that it shall not 
 become binding unless delivered while 
 assured is in good health. 17 L.R.A. 
 (N.S.) 1155. 
 
 Irregularities attending admission to mem- 
 bership in order as affecting action on 
 benefit certificate. 49 L.R.A. (N.S.) 
 902. 
 
 INITIATIVE. 
 
 See INITIATIVE, REFERENDUM, AND RECALL, 
 1. 
 
 INITIATIVE, REFERENDUM, AND 
 RECALL. 
 
 1. Initiative and referendum. 
 
 Scope and definitions. 50 L.R.A. (N.S.) 196; 
 L.R.A.1917B, 16. 
 
 Constitutionality of principle. 50 L.R.A. 
 (N.S.) '197; L.R.A.1917B, 17. 
 
 Necessity of legislation to carry constitu- 
 tional provisions into effect. 50 L.R.A. 
 (N.S.) 198; L.R.A.3917B, 18. 
 
 As applied to 'municipal matters. 50 L.R.A. 
 (N.S.) 200; L.R.A.1917B, 19. 
 
 Application of existing constitutional pro- 
 visions to initiative and referendum en- 
 actments. 50 L.R.A. (N.S.) 204; L.R.A. 
 191 7B, 23. 
 
 Power of governor to veto. 50 L.R.A. (N.S.) 
 208; L.R.A.1917B, 24. 
 
 Power of legislature to repeal or amend. 50 
 L.R.A. (N.S.) 208; L.R.A.1917B, 24.
 
 098 
 
 INDEX TO L.R.A. NOTES. 
 
 INITIATIVE, REFERENDUM, AND RE- 
 CALL cont'd 
 Matters peculiar to initiative. 50 L.R.A. 
 
 (N.S.) 209; L.R.A.1917B, 24. 
 Matters peculiar to referendum. 50 L.R.A. 
 
 (N.S.) 210; L.R.A.1917B, 25. 
 Remedies. 50 L.R.A. (N.S.) 214; L.R.A. 
 
 1917B, 30. 
 Matters relating to practical exercise of 
 
 the power. 50 L.R.A. (N.S.) 218; L.R.A. 
 
 1917B, 32. 
 Construction. 50 L.R.A. (N.S.) 226; L.R.A 
 
 1917B, 45. 
 
 2. The recall. 
 
 Constitutionality. 50 L.R.A. (N.S.) 227; 
 
 L.R.A. 1916D, 1103. 
 Exclusiveness of remedy. 50 L.R.A. (N.S.) 
 
 229; L.R.A.1916D, 1103. 
 Necessity of legislation to carry constitu- 
 tional provisions into effect. L.R.A. 
 19]6D, 1103. 
 Enforcement. 50 L.R.A. (N.S.) 229; L.R.A. 
 
 1916D. 1104. 
 
 Operation. 50 L.R.A.(N.S.) 230; L.R.A. 
 191 6D, 1105. 
 
 INJUNCTION. 
 
 I. In general, 1. 
 II. Right to; when granted, 2-77. 
 
 a. In general, 2-6. 
 
 b. As to contracts, 7-14. 
 
 c. Against sale or transfer of 
 
 property, 15. 
 
 d. Illegal or tortious acts; 
 
 crimes, 16-18. 
 
 e. As to real property, 19- 
 
 24. 
 
 f. Nuisances, 25-29. 
 
 g. Water rights; sewers, 3O- 
 
 33. 
 
 h. As to corporate matters and 
 franchises; religious socie- 
 ties, 34-37. 
 
 i. As to partnership matters, 
 3S. 
 
 j. As to offices and elections, 
 39. 
 
 Ic. Against legal proceedings, 
 40-60. 
 
 1. In general, 4O-46. 
 
 2. Against judgments, 
 
 47-6O. 
 
 I. Against officers or munici- 
 pality generally; as to 
 ordinances, 61, 62. 
 
 m. As to* taxes, 63. 
 
 n. As to streets, railroads, and 
 carriers, 64-68. 
 
 o. Unfair competition; trade- 
 name; trademark; patent; 
 copyright; trade secrets, 
 69-72. 
 
 p. Against speech or publica- 
 tion, 73. 
 
 q. Miscellaneous, 74-77. 
 til. Mandatory and temporary injunc- 
 tions, 78-8O. 
 IV. Jurisdictional amount, 81. 
 
 liegin with this book on every law question. 
 
 INJUNCTION cont'd 
 
 V. Procedure; bond; decree, 82- 
 9O. 
 
 a. In general, 82-84. 
 
 b. l}oud, 85-87. 
 
 c. Dissolution and decree, 
 
 88-9O. 
 
 I. In general. 
 
 1. Generally. 
 
 Violation of. as contempt of court, see CON- 
 TEMPT, 8a. 
 
 Use of superintending control over inferior 
 tribunal to compel grant or refusal of 
 injunction. 20 -L.R.A.(N.S.) 952. 
 
 Effect of injunction obtained by a private 
 litigant, not a party to the contract, 
 preventing performance, as an excuse 
 for nonperformance of contract. L.R.A. 
 1916F, 75. 
 
 Application to suit for, of statute or ordi- 
 nance requiring notice or presentation 
 of claim as a condition of municipal 
 liability. 50 L.R.A. (N.S.) 186. 
 
 77. Right to; \vhen granted, 
 a. In general. 
 
 2. Generally. 
 
 Against or in aid of attachment, see AT- 
 TACHMENT, 19. 
 Against nonresident, see NONRESIDENTS, 
 
 o 
 3. 
 
 Against donation of public money, see PUB- 
 LIC MONEY, 3. 
 
 In aid of set-off, see SET-OFF AND COUNTER- 
 CLAIM, 2. 
 
 Jurisdiction of equity when only relief 
 sought is an injunction or receiver to 
 preserve status quo pending action or 
 proceeding before other tribunal. 38 
 L.R.A.(N.S.) 228. 
 
 3. Adequate remedy at law. 
 
 Injunction against collection of illegal tax 
 in case of. 22 L.R.A. 702, 704. 
 
 Injunction against trespass to cut timber 
 where remedy at law is inadequate. 22 
 L.R.A. 235; 43 L.R.A. (N.S.) 262; 
 L.R.A.1917C, 236. 
 
 Effect of, on rights to enjoin execution sales 
 or other proceedings under final proc- 
 ess. 30 L.R.A. 134. 
 
 As bar to injunction against judgment 
 against sureties. 31 L.R.A. 60. 
 
 General equitable jurisdiction in regard to 
 injunction against judgment where 
 there is a remedy at law. 32 L.R.A. 
 326. 
 
 Effect of, on right to injunction against 
 judgment by confession. 30 L.R.A. 242. 
 
 Adequacy of remedy at law as affecting 
 right to injunction to compel or pre- 
 vent erection, maintenance or removal 
 of fences or gates. 7 L.R.A. (N.S.) 51, 
 55, 82. 
 
 Right to enjoin acts under an unconstitu- 
 tional statute, as affected by other rem- 
 edies in case such acts are done. 8 
 L.R.A. (N.S.) 124.
 
 INDEX TO L.R.A. NOTES. 
 
 699 
 
 INJUNCTION, II. a cont'd 
 1. V^'.ltiplicity of suits. 
 
 Injunction against trespass to cut timber 
 on ground of. 22 L.R.A. 236; 43 L.R.A. 
 (N.S.) 262: L.R.A.1917C. 236. 
 
 As ground for injunction against collection 
 of illegal taxes. 22 L.R.A. 703. 
 
 As ground for injunction to compel or pre- 
 vi nt erection maintenance or removal 
 of fences or gates. 7 L.R.A (N.S.) 55. 
 
 Power of equity to take jurisdiction because 
 of multiplicity of actions at law for 
 personal injuries growing out of a 
 single act, '20 L.R.A.(N.S.) 848; 35 
 L.R.A. (N.S.) 491. 
 
 -Jurisdiction of equity to enjoin the prose- 
 cfition of a multiplicity of baseless suits 
 by dill'erent individuals in a court of 
 inferior jurisdiction from which there 
 is no appeal. 49 L.R.A. (N.S.) 406. 
 
 Equity jurisdiction to enjoin actions at 
 law by different owners to recover for 
 injuries to their land by the same neg- 
 ligent or wrongful act. L.R.A. 1915F, 
 1012. 
 
 Injunction to restrain prosecution of crimi- 
 nal or quasi criminal nature to avoid 
 multiplicity of suits. L.R.A. 1916C, 271. 
 
 5. Irreparable injury. 
 
 Insufficiency of allegation of, in action to 
 enpin trespass to cut timber. 22 
 L.R.A. 230. 
 
 As ground for injunction against collection 
 of illegal taxes. 22 L.R.A. 704. 
 
 As affecting right to injunction against erec- 
 tion, maintenance, or removal of fences 
 or gales on ground of nuisance. 7 
 L.R.A. (N.S.) 78. 
 
 Injunction against trespass to cut timber 
 on ground of. 43 L.R.A. (N.S.) 262; 
 L.R.AJ917C, 236. 
 
 5a. Comparative injury. 
 
 In suit to enjoin nuisance, see infra. 26. 
 In suit to enjoin infringement of patent, see 
 infra, 69a. 
 
 6. Effect of frar.tl. 
 
 Inju-! tion against judgment obtained by 
 fraud, see infra, 52. 
 
 By one seeking injunction against infringe- 
 ment of trademark or tradename, see 
 infra, 70. 
 
 Injunction against action or proceeding in 
 foreign jurisdiction to prevent. 25 
 L.R.A. (N.S.) 268. 
 
 Injunction against negotiation of note in 
 case of fraud. 28 L.R.A. 578. 
 
 Fraud as ground of injunction against tax. 
 22 L.R.A. 707. 
 
 Necessity of fraudulent intent to justify 
 injunction against unfair competition. 
 4 L.R.A. (N.S.) 960. 
 
 Effect of fraud or concealment on right to 
 injunction against collection of pur- 
 chase money where title to land is de- 
 fective. 7 L.R.A.(N.S.) 448. 
 
 Power of equity to take jurisdiction of 
 suits to cancel policy for fraud and 
 enjoin action at law on the policy. 12 
 L.R.A. (N.S.) 881; 48 L.R.A.(N.S.) 265. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INJUNCTION, II. cont'd 
 
 It. As to contracts. 
 
 7. Generally. 
 
 Mistake of law as to effect of instrument, 
 as ground of. 28 L.R.A. (N.S.) 785. 
 
 Injunction against trespass to c'ut timber 
 as interference with contract rights. 22 
 L.R.A. 239: 43 L.R.A. (N.S.) 268: 
 L.R.A.1917C, 236. 
 
 Power to grant mandatory injunctions as to 
 specific performance of contracts. 20 
 L.R.A. 167. 
 
 Enforcement of contracts of service by court 
 of equity. 6 L.R.A.(N.S.) 1115. 
 
 Injunction to prevent infant from breaching 
 contract made by or for him. L.R.A. 
 191 6E, 686. 
 
 Injunction against breach of contract which 
 cannot be specifically enforced. 5 
 B. R. C. 209. 
 
 Against breach of agreement by railroad 
 company as to crossing provided for in 
 deed to railroad of right of way. 48 
 L.R.A. (N.S.) 388. 
 
 Injunction to protect rights of lessee under 
 parol lease which has been part ly per- 
 formed. 49 L.R.A.(N.S.) 116. 
 
 7a. Contracts of employment. 
 
 Against engaging in competitive business, 
 see infra, 14. 
 
 Against disclosure of trade secrets, see in- 
 fra, 72. 
 
 Right to mandatory injunction to compel 
 
 specific performance of contract for 
 
 services. 20 L.R.A. 167. 
 Injunction to prevent infant from breaching 
 
 contract made by or for him. L.R.A 
 
 1916E, 686. 
 
 8. Public contract. 
 
 At instance of lowest bidder to prevent 
 award of public contract to another. 
 30 L.R.A. (N.S.) 127. 
 
 9. Against breach of covenant. 
 
 Right to enforcement of restrictive covenant 
 as affected by change in neighborhood. 
 28 L.R.A.(N.S.) 706. 
 
 10. Against inducing breach qf con- 
 tract. 
 
 Injunction against inducing or aiding breach 
 of contract. 11 L.R.A. (N.S.) 202: 
 L.R.A.1917C, 782. 
 
 11. Against negotiation of note. 
 
 Generally. 28 L.R.A. 577. 
 
 In cases where the note is void. 28 L.R.A. 
 
 577. 
 Fraud or failure of consideration. 28 
 
 L.R.A. 578. 
 
 In aid of set-off. 28 L.R.A. 578. 
 Where note is held in trust. 28 L.R.A. 578. 
 Not where there are other remedies. 28 
 
 L.R.A. 579. 
 
 After maturity. 28 L.R.A. 579. 
 Parties in pari deticto. 28 L.R.A. 579. 
 Not where fraud is absent. 28 L.R.A. 579.
 
 700 
 
 INDEX TO L.R.A. NOTES. 
 
 INJUNCTION, II. b cont'd I IX.TUXCTIOX, II. c cont'd 
 
 Not for mere convenience. 28 L.R.A. 570. I Against sale of letters. 37 L.R.A. (N.S.) 
 
 Not in hands of innocent holder. 
 579. 
 
 28 L.R.A. 
 
 12. Illegal contract. 
 
 Contracts in restraint of trade, see infra, 
 13. 
 
 Allowing injunction, in favor of party in 
 pari delicto, against enforcing or 
 otherwise proceeding with illegal 
 contract. 48 L.R.A. 842. 
 Enjoining breach of contract contrary to 
 public policy, on account of public in- 
 convenience from the breach. 1 L.R.A. 
 (N.S.) 1032. 
 
 Injunction to prevent infant from breaching 
 contract made by or for him. L.R.A. 
 1916E, 686. 
 
 13. Against engaging in competitive 
 business. 
 
 Injunction to prevent breach of stipulation 
 to handle or use the product of one 
 producer only. 10 L.R.A. (N.S.) 475. 
 
 Effect of stipulation for liquidated damages 
 in contract not to engage in business, 
 upon equitable jurisdiction to enjoin 
 breach thereof. 10 L.R.A.(N.S.) 204; 
 L.R.A.1917E, 886. 
 
 Remedy by injunction to restrain the viola- 
 tion of an agreement not to prac- 
 tise medicine or surgery within n 
 
 certain 
 
 206. 
 
 territory. L.R.A.1915B, 
 
 Right of husband to prevent wife engaging 
 in a separate business in competition 
 with his own. 32 L.R.A. (N.S.) 837. 
 
 14. by employee. 
 
 Against disclosure of trade, secrets, see in- 
 fra, 72. 
 
 Injunction against breach by employee of 
 agreement not to engage in a compet- 
 ing business. 16 L.R.A. (N.S.) 389. 
 
 Against breach of covenant not to enter 
 another's employment as affected by 
 distinction between procuring specific 
 performance of contract and prevent- 
 ing injury to business. 35 L.R.A. (N. 
 S.) 119. 
 
 Right, in absence of negative covenant, to 
 enjoin former employee from soliciting 
 business from customers of employer. 
 31 L.R.A. (N.S.) 260. 
 
 Injunction to prevent employee from enter- 
 ing service of rival in violation of 
 agreement. 31 L.R.A. (N.S.) 249. 
 
 c. Against sale or transfer of property. 
 
 15. Generally. 
 
 Against execution sale or sale under mort- 
 gage, or trust deed, see infra, 41a- 
 44. 
 
 Against sale of corporate franchise, see in- 
 fra, 36. 
 
 Against fraudulent conveyance, see FRAUD- 
 ULENT CONVEYANCES, 25. 
 
 Against sale of liquor, see INTOXICATING 
 LIQUORS, 36. 
 
 944. 
 
 Surety's right prior to obtaining a judgment 
 or lien to enjoin principal's transfer of 
 property to defraud him. 15 L.R.A, 
 (N.S.) 484. 
 
 Right to injunction during lifetime of one 
 who has conveyed or is about to con- 
 vey property in violation of agreement 
 to leave same at his death to complain- 
 ant. 18 L.R.A. (N.S.) 218. 
 
 Right to injunction against transfer by hus- 
 band in fraud of wife's support. 18 
 L.R.A. (N.S.) 1156. 
 
 Validity of transfer of property in violation 
 of restraining order. 50 L.R.A. (N.S.) 
 ' 871. 
 
 Against sale of, or proposal to sell real 
 property to person, or for purpose re- 
 garded as undesirable. 44 L.R.A. (N.S.) 
 228. 
 
 d. Illegal or tortious acts; crimes* 
 
 16. Generally. 
 
 As to nuisances, see infra, 25-29. 
 
 Against labor organization, see CONSPIRA- 
 CY, 4-7; LABOR ORGANIZATION. 
 
 Against sale of liquor, see INTOXICATING 
 LIQUORS, 36. 
 
 To prevent enticement of servant. 5 L.R.A. 
 (N.S.) 1096. 
 
 Against violation of Federal anti-trust law. 
 64 L.R.A. 715. 
 
 Against being sent to pest house. 23 L.R.A. 
 (N.S.) 1188. 
 
 Injury to one's business or interests as 
 ground for an injunction against an 
 illegal business establishment not di- 
 rectly affecting other property. 45 
 L.R.A.(N.S.) 827. 
 
 Against interference with rights of ferry- 
 man. L.R.A.1916D, 834. 
 
 17. Blacklisting. 
 
 Against blacklisting of servant. 20 L.R.A. 
 342; 4 L.R.A. (N.S.) 1121. 
 
 18. Crimes. 
 Against criminal 
 46. 
 
 prosecution, see infra, 
 
 Begin with this book on every law question. 
 
 Injunction at the suit of state against pub- 
 lic nuisance which is also a crime. 15 
 L.R.A. (N.S.) 747; 23 L.R.A. (N.S.) 
 691; 33 L.R.A. (N.S.) 325; 47 L.R.A. 
 (N.S.) 673. 
 
 Injunction against crime which is a private 
 nuisance. 3 L.R.A. (N.S.) 622; 21 
 L.R.A.(N.S.) 585; L.R.A.1918D, 683. 
 
 Injunction against commission of crime 
 when property right involved. 3 L.R.A. 
 (N.S.) 622;* 21 L.R.A.(N.S.) 585; 
 L.R.A.1918D, 683. 
 
 Validity, under constitutional provision 
 forbidding second jeopardy, of statute 
 authorizing injunction against commis- 
 sion of crime. 2 L.R.A. (N.S.) 1111. 
 
 Injunction to restrain sale of liquor to be 
 shipped into prohibition territory. 
 L.R.A. 1917D, 1027.
 
 INDEX TO L.R.A. NOTES. 
 
 701 
 
 INJUNCTION, II. cont'd 
 e. As to real 
 
 19. Generally. 
 
 Against breach of covenants as to. see supra. 
 
 9- 
 
 Against sale or transfer of, see supra, 15. 
 Nuisances affecting, see infra, 25-29. 
 As to streets, see infra. 64. 65, 67. 
 To prevent cloud on title, see CLOUD ox 
 
 TITLE. 4. 
 
 To prevent removal of lateral support. 68 
 
 L.R.A. 697. 
 Against surviving partner with reference to 
 
 real estate. 28 L.R.A. 137. 
 Power to grant mandatory injunctions as to 
 
 real property, 20 L.R.A. 161. 
 Tower to grant mandatory injunctions as to 
 
 possession of. 20 L.R.A. 169. 
 Mandatory injunction to compel the re- 
 
 moval of a structure which encroach- 
 
 es on adjoining property. 36 L.R.A. (N. 
 
 S.) 402. 
 Injunction to protect trees on boundary 
 
 line. 46 L.R.A. (N.S.) 5. 
 Sufficiency of possessory title as a weapon 
 
 of offense. 46 L.R.A.J. N~.S.) 505, 517. 
 To prevent interference by railroad with 
 
 crossing stipulated for in deed to rail- 
 
 road of right of way. 48 L.R.A. (N.S.) 
 
 378. 
 Against construction or use of crossing pro- 
 
 vided for in deed to railroad of right 
 
 of way. 48 L.R.A. (N.S.) 389. 
 Injunction against waste of oil or gas caus- 
 
 ing injury to neighboring wells. 48 
 
 L.R.A. (N.S.) 170. 
 Injunction to protect rights of lessee under 
 
 parol lease which has been partly per- 
 
 formed. 40 L.R.A. (N.S.) 116. 
 Injunction to prevent interference with land 
 
 during seeding or harvest time. L.R.A. 
 
 1918B, 413. 
 
 20. In other state or country. 
 
 Jurisdiction to issue injunction affecting 
 
 real property in another state or 
 
 country. 69 L.R.A. 689. 
 Jurisdiction to enjoin acts with respect to 
 
 real property in another state. 7 
 
 L.R.A. (N.S.) "114. 
 
 21. Trespass. 
 
 Injunction to prevent interference with land 
 
 during seeding or harvest time. L.R.A. 
 
 1918B, 413. 
 Injunction against "repeated trespass. 13 
 
 L.R.A.(N.S.) 173; 21 L.R.A. (N.S.) 417. 
 Injunction to prevent trespass of animals 
 
 or fowls. 48 L.R.A. (N.S.) 179. 
 Injunction, on grounds of trespass, to com- 
 
 pel or prevent the erection, mainte- 
 
 nance, or removal of fences or gates. 7 
 
 L.R.A.(N.S.) 50. 
 
 22. on oyster beds. 
 
 Kquitable jurisdiction. 3 L.R.A.(N.S.) 205. 
 Injunctive relief as dependent on right, ti- 
 
 tle. or interest of complainant. 3 
 
 L.R.A. (N.S.) 206. 
 Consult rt/.so L.R..1. Digests of Cases. 
 
 INJUNCTION, II. e ont'd 
 Continuance or dissolution of injunction. 
 3 L.R.A.(N.S.) 207. 
 
 23. to cut timber. 
 
 Generally. 22 L.R.A. 233; 43 L.R.A.(N.S.) 
 
 262 L.R.A.1917C, 236. 
 Courts conservative in extending relief. 22 
 
 L.R.A. 234. 
 The injunction may be awarded if there is 
 
 no adequate remedy at law. 22 L.R.A. 
 
 235. 
 When remedy at law is inadequate. 22 
 
 L.R.A. 235. 
 Necessity that injury be irreparable. 43 
 
 * L.R.A. (XiS.) 262. 
 Multiplicity of suits. 22 L.R.A. 236. 
 Where trespass is continuous. 43 L.R.A. 
 
 (N.S.) 265; L.R.A.1917C, 237. 
 The question of possession or title. 22 
 
 L.R.A. 236. 
 Preventing waste pending litigation. 22 
 
 L.R.A. 237. 
 Statutory provisions. 22 L.R.A. 239; 43 
 
 L.R.A.(N.S.) 269; L.R.A.1917C, 237. 
 Allegation of irreparable injury not suffi- 
 cient. 22 L.R.A. 239. 
 Interference with contract rights. 22 L.R.A. 
 
 239. 
 
 Sufficient evidence of continuity of tres- 
 pass. 43 L.R.A. (N.S.) 266.' 
 Where no trespass is yet committed. 43 
 
 L.R.A. (N.S.) 266. 
 Insolvency of defendant. 43 L.R A. (N.S.) 
 
 266. 
 Nonresidence of defendant. 43 L.R.A. 
 
 (N.S.) 267. 
 Effect of privity between owner and tort- 
 
 feasor 43 L.R.A.(N.S.) 267; L.R.A. 
 
 1917C, 237. 
 
 Where to preserve status quo pending an- 
 other suit. 43 L.R.A. (N.S.) 268; 
 
 L.R.A.1917C, 237. 
 Where ancillary to suit in same court. 43 
 
 L.R.A. (N.S.) 269. 
 
 24. Against mining operations. 
 
 ! Injunction against removal of subjacent 
 support by mining. 16 L.R.A.(N.S.) 
 851. 
 
 j Against mining operations by lessee pend- 
 ing dispute as to forfeiture of lease. 
 1 L.R.A. (N.S.) 333. 
 
 Against pollution of stream by mining op- 
 eration. 22 L.R. A. (N.S.)' 283. 
 Right of one who pumps oil. gas. or water 
 on his premises to enjoin similar acts 
 by his neighbor. 30 L.R.A.(N.S.) 1057. 
 
 /. \uisances. 
 
 25. Generally. 
 
 In street, see infra, 65. 
 Other remedies against nuisance, see NUI- 
 SANCES, 20-25. 
 
 Against blasting. 6 L.R.A. (N.S.) 570. 
 
 Against private nuisances authorized by 
 legislature. 1 L.R. A. (N.S.) 134. 
 
 Injunction against crime which is a private 
 nuisance. 3 L.R. A. (N.S.) 622: 21 
 L.R.A. (N.S.) 585: L.R.A.1918D, 683.
 
 702 
 
 INDEX TO L.R.A. NOTES. 
 
 INJUNCTION, II. f cont'd 
 
 Injunction at suit of state against public 
 nuisance which is also a crime. 15 
 L.R.A. (N.S.) 747; 23 L.R.A. (N.S.) 
 
 G9i; ::3 L.R.A. ( N.S.) 325; 47 L.R.A 
 
 (N.S.) 673. 
 
 Right of property owner to damages or in- 
 junction for maintenance of electric 
 light plant in vicinity of his property. 
 27 L.R.A. (N.S.) 237. 
 
 Right of property owner to enjoin location 
 of contagious disease hospital in neigh- 
 borhood. 5 L.R.A. (N.S.) 1028; 25 
 L.R.A.(N.S.) 223. 
 
 Right of lessee to maintain suit to enjoin 
 nuisance. 3 L.R.A. (N.S.) 448. 
 
 Power to grant mandatory injunctions as to 
 nuisances. 20 L.R.A. 165. 
 
 Injunction to compel erection, maintenance, 
 or removal of fences or gates on 
 grounds of nuisance. 7 L.R.A. (N.S. ) 
 72. 
 
 Injunction against nuisance as affecting sub- 
 sequent occupants of property. 13 
 L.R.A. (N.S.) 462. 
 
 26. Doctrine of comparative injury, 
 in suit to enjoin nuisance. 
 
 In general. 31 L.R.A.(N.S.) 881: 39 L.R.A. 
 
 (N.S.) 580; L.R.A.1916C, 1269. 
 Preliminary injunction. 31 L.R.A. (N.S.) 
 881; '39 L.R.A. (N.S.) 580; L.R.A. 
 1916C, 1269. 
 Distinction between preliminary and final 
 
 injunction. 31 L.R.A. (N.S.') 882. 
 Final injunction. 31 L.R.A. (N.S.) 883; 39 
 
 L.R.A. (N.S.) 581. 
 
 Doctrine that injunction is discretion- 
 ary. 31 L.R.A. (N.S.) 884; L.R.A. 
 J916C, 1269. 
 
 Doctrine that injunction is a matter of 
 right. 31 L.R.A. (N.S.) 888: L.R.A. 
 1916C, 1269. 
 
 Effect of locality. L.R.A.1916C, 1269. 
 Where public convenience is involved. 
 
 L.R.A.1916C, 1270. 
 
 Laches of complainant. L.R.A. 1910C. 1270. 
 Conditional injunction. 31 L.R.A. (N.S.) 
 
 898. 
 Statutory provisions. 31 L.R.A. (N.S.) 899. 
 
 27. Against nuisance maintained by 
 municipal corporation. 
 
 Drainage, generally. 23 L.R.A. 301. 
 Drainage into water course. 23 L.R.A. 301. 
 Docks and navigation. 23 L.R.A. 302. 
 Market houses and buildings. 23 L.R.A. 
 
 303. 
 Railroads and other uses of streets. 23 
 
 L.R.A. 303. 
 
 Cemetery. 23 L.R.A. 3(13. 
 Public urinals. 23 L.R.A. 303. 
 
 28. Liquor nuisance. 
 
 Against saloon because of character of lo- 
 cality. 4 L.R.A. (N.S.) 810. 
 
 Injunction by municipality against unlaw- 
 ful keeping of saloon and sale of 
 liquors. 41 L.R.A. 321. 
 
 B(>dii> iritli tJiis ItooK mi evert) Ian- question. 
 
 JN.Jl/XCTION, II. f cont'd 
 
 Injunction against use of real property for 
 sale of liquor as affecting right of sub- 
 sequent occupant. 13 L.R.A. (N.S.) 
 462. 
 
 Injunction to restrain sale of liquor to be 
 shipped into prohibition territory. 
 L.R.A.1917D, 1027. 
 
 28a. Disorderly houses. 
 
 Injunction against bawdvhouse. L.R.A. 
 
 1918D, 819. 
 Right of owner or occupant of neighboring 
 
 property to enjoin maintenance of 
 
 house of prostitution. 1 1 L.R.A. 
 
 (N.S.) 1060: 42 L.R.A.(N.S.) 1041; 
 
 L.R.A.1918D, 81!). 
 
 29. Injunctions by municipal corpo- 
 rations. 
 
 Remedies for nuisances generally, see NUI- 
 SANCES, 20-25. 
 
 Right of a municipality to maintain suit to 
 enjoin a public nuisance. 51 
 L.R.A. 657; L.R.A.1916D, 1020 
 Nuisances in water and water courses. 
 
 40 L.R.A. 465; L.R.A.1916D, 1025. 
 Public morals, peace, and good order. 
 
 41 L.R.A. 321; L.R.A.1916D, 1026. 
 Public heu.th and safety. 41 L.R.A. 
 
 322; L.R.A.1916D, 1025. 
 Nuisance upon highway and streets. 
 
 42 L.R.A. 814; L.R.A.1916D, 1022. 
 Nuisances by railroads and electrical 
 
 companies. 44 L.R.A. 565. 
 
 g. Water I'irjJtts; seirers. 
 
 30. Generally. 
 
 To protect water right. 3 L.R.A. 609 :* 4 
 L.R.A. 572;* 12 L.R.A. 486. 
 
 Against use of stream to float logs. 41 
 L.R.A. 497. 
 
 Injunction against nuisance as to docks 
 and navigation maintained by munici- 
 pality. 23 L.R.A. 302. 
 
 Injunction by municipal corporation 
 against nuisances in water and water 
 courses. 40 L.R.A. 465; L.R.A.1916D, 
 1025. 
 
 Power to grant mandatory injunctions re- 
 lating ^to mill dams. 20 L.R.A. 163. 
 
 Injunction against hunting or fishing oil 
 navigable waters, or against interfer- 
 ence therewith. 17 L.R.A. (N.S.) 1236; 
 
 38 L.R.A.(N.S.) 286. 
 
 
 
 31. As to drains and se\vers. 
 
 Injunction against drainage nuisance. 23 
 L.R.A. 301. 
 
 Injunction against drainage by municipal- 
 ity into watercourse. 23 L.R.A. 301. 
 
 Against construction of sewer. 60 L.R.A. 
 243. 
 
 Against draining sewage into stream. 48 
 L.R.A. 707. 
 
 32. Against obstruction or diversion. 
 
 To restrain obstruction of stream. 59 * 
 L.R.A. 881.
 
 1XDKX TO L.R.A. NOTES. 
 
 703 
 
 INJUNCTION, II. g cont'd 
 
 Against obstruction of navigable stream 
 
 59 L.R.A. 91. 
 Right of private person to injunction 
 
 against obstruction of navigable stream. 
 
 .38 L.R. A. (X.S.) 766. 
 Power to grant mandatory injunctions 
 
 against obstruction or diversion of 
 
 water courses generally. 20 L.R.A. 164. 
 At instance of riparian owner to prevent 
 
 diversion of flood water. 22 L.R A. 
 
 (N.S.) 391. 
 
 33. Pollution. 
 
 By drains and sewers, see supra, 31. 
 
 Against pollution of stream for mining 
 purposes. 24 L.R.A. 00. 
 
 /i. .4s to corporate matters and fran- 
 chises; religious societies. 
 
 34. Generally. 
 
 Against reduction of capital stock of cor- 
 poration. 1 L.R.A. (X.S.) 571. 
 
 To enforce orders of Public Service Com- 
 missions. L.R.A. 1918E, 308. 
 
 To restrain assessment on paid-up stock. 
 45 L.R.A. 65.3. 
 
 To enforce stockholder's right to inspect 
 corporate books. 45 L.R.A. 45S. 
 
 Right of benevolent, fraternal or social or- 
 der to protection against use of name, 
 in; I '. r nia, ritual, etc., by another organ- 
 ization. L.R.A. 1915B,* 1074. 
 
 35. Dissolution or discontinuance of 
 service. 
 
 Right of minority stockholder to restrain 
 voluntary dissolution of corporation by 
 directors or majority stockholders. 23 
 L.R.A. (X.S.) 1177. 
 
 Right of municipality, in absence of con- 
 tract, to restrain natural gas company 
 from discontinuing business of supply- 
 ing gas. 20 L.R'.A.(X.S.) 92. 
 
 36. Sale of franchise or invasion of 
 rights under it. 
 
 Against sale of corporate franchise or prop- 
 erty necessary to its enjoyment. 20 
 L.R.A. 737. 
 
 To restrain interference with rights of ferry- 
 man. 59 L.R.A. 552. 
 
 Right of owner of franchise for public ben- 
 efit, which is not exclusive, to injunc- 
 tion aainst its invasion without right. 
 29 L.R.A. (X.S.) 77. 
 
 837. Religious societies. 
 
 Right of member of church to injunction 
 against unlawful sale by trustees. 2 
 L.R.A. (X.S. i 828. 
 
 Enjoining control, use of, or interference 
 with church property. 3 L.R.A. 
 (X.S.) 854. 
 
 i. As to partnership matters. 
 
 38. Generally. 
 
 Against sale of partnership property for 
 debt of partner. 40 L.R.A. 500. * 
 
 Against surviving partner with reference to 
 r-nl estate. 2S L.R.A. 137. 
 
 Consult also L.R.A. Digests of Cases. 
 
 1XJUXCTIOX, II. i confd 
 Against levy on partnership property for 
 debt of partner. 46 L.R.A. 491. 
 
 j. As to offices and elections. 
 
 39. Generally. 
 
 Power .to grant mandatory injunctions as 
 
 to offices. 20 L.R.A. 167. 
 In matters preceding election. 3 L.R.A. 
 
 (X.S.) 382. 
 Against holding election. 40 L.R.A. (X.S.) 
 
 577. 
 As to matters connected with initiative and 
 
 referendum election. 50 L. R.A.I X.S. ) 
 
 215; L.R.A.1917B, 31. 
 In connection with recall election. 50 
 
 L.R.A. (X.S.) 230; L.R.A.1916D, 1104. 
 
 /.. Against legal proceedings. 
 1. In general. 
 
 40. Generally. 
 
 Injunction against enforcement of illegal 
 contract, see supra, 12-14. 
 
 Against attachment, see ATTACHMENT. 19. 
 
 Injunction against proceedings in other 
 court, see COURTS, 51. 
 
 Against documentary evidence. 51 L.R.A. 
 754. 
 
 In aid of attachment. 20 L.R.A. 446. 
 
 Doctrine of comparative injury in suit to 
 enjoin other suits for infringement of 
 patent. 39 L.R.A. (X.S.) 1. 
 
 Right to enjoin prosecution of collusive 
 suit in court of co-ordinate jurisdiction. 
 11 L.R. A. (X.S.) 581. 
 
 Power of equity to take jurisdiction because 
 of multiplicity of actions at law for 
 personal injuries growing out of a 
 single tort. 20 L.R.A. (X.S.) 848; 35 
 L.R.A.(X.S.) 491. 
 
 Application to governing body of municipal- 
 ity for relief, as condition of right of 
 citizen to maintain suit to enjoin ac- 
 tion by municipality. 8 L.R.A. (X.S. ) 
 574. 
 
 Power of equity to take jurisdiction of suit 
 to cance) policy for fraud and to en- 
 join action at law on the policy. 12 
 L.R.A. (X.S.) 881; 48 L.R.A. ( X.S.') 265. 
 
 Equity jurisdiction to enjoin actions at law 
 by different owners to recover for in- 
 juries to their land by the same negli- 
 gent or wrongful act. L.R.A.1915F, 
 1012. 
 
 Injunction to restrain action by seller to re- 
 cover property sold by conditional sale. 
 L.R.A.1917C/77. 
 
 41. Against action or proceedings in 
 foreign jurisdiction. 
 
 General principles. 21 L.R.A. 71 ; 25 L.R.A. 
 
 (X.S.) 267. 
 
 After a final decree. 21 L.R.A. 71. 
 Pending proceedings or to prevent harassing 
 
 suits. 21 L.R.A. 72: 25 L.R. A. (X.S. , 
 
 208.
 
 704 
 
 INDEX TO L.R.A. NOTES. 
 
 INJUNCTION, II. k, 1 cont'd 
 
 In case of design to avoid domestic laws or 
 contract. 21 L.R.A. 72 ; 15 L.R.A. ( N.S. ) 
 1008; 25 L.R.A. (N.S.) 269. 
 
 In case of foreign defendant or property. 
 21 L.R.A. 73. 
 
 In administration proceedings. 2.1 L.R.A. 
 73. 
 
 In insolvency proceedings. 21 L.R.A. 74; 
 25 L.R.A.(N.S.) 270. 
 
 Attachment proceedings. 21 L.R.A. 75. 
 
 Garnishment in other state. ]9 L.R.A. 580. 
 
 In divorce suits. 21 L.R.A. 75. 
 
 Before consul. 21 L.R.A. 75. 
 
 Rule in case of state courts. 21 L.R.A. 75. 
 
 To prevent embarrassment, oppression, or 
 fraud. 25 L.R.A.(N.S.) 268. 
 
 To enable plaintiff to secure a more favor- 
 able result. 25 L.R.A.(N.S.) 270. 
 
 Where local court had prior jurisdiction. 25 
 L.R.A. (N.S.) 271. 
 
 Where all matters at issue can be adjudi- 
 cated in pending suit. 25 L.R.A. (N.S.) 
 271. 
 
 Where the court cannot enforce its decree. 
 25 L.R.A. (N.S.) 271. 
 
 Estoppel. 25 L.R.A.(N.S.) 272. 
 
 Miscellaneous examples. 25 L.R.A. (N.S.) 
 272. t 
 
 Jurisdiction to restrain legal proceedings 
 with respect to land in another state 
 or country. 69 L.R.A. 689; 7 L.R.A. 
 (N.S.) 114. 
 
 4 la. Against execution sales or other 
 proceedings under final process. 
 
 Exempt personal property. 30 L.R.A. 99. 
 
 Homestead. 30 L.R.A. 100. 
 
 What kind of property first liable; 30 
 
 L.R.A. 102. 
 
 Public property. 30 L.R.A. 103. 
 Property in the custody of the law. 30 
 
 L.R.A. 103. 
 
 Railroad and quasi public corporation prop- 
 erty. 30 L.R.A. 104. 
 Partnership property. 30 L.R.A. 105. 
 Property owned by third parties. 30 L.R.A. 
 
 107. 
 Personal property of a peculiar value. 30 
 
 L.R.A. 119. 
 
 Trust property. 30 L.R.A. 119. 
 In favor of or against executors and admin- 
 istrators. 30 L.R.A. 120. 
 In favor of assignee for creditors. 30 L.R.A 
 
 124. 
 In favor of or against lien creditors. 30 
 
 L.R.A. 125. 
 In favor of general creditors. 30 L.R.A 
 
 129. 
 
 Ejectment cases. 30 L.R.A. 129. 
 Summary proceedings in forcible entry and 
 
 detainer. 30 L.R.A. f29. 
 Jurisdiction of courts. 30 L.R.A. 132. 
 Remedy at law. 30 L.R.A. 134. 
 Irregularities. 30 L.R.A. 136. 
 Effect of injunction on executions, sales 
 and final process. 30 L.R.A. 
 140. 
 
 Effect of time upon injunctions, executions, 
 and judgments. 30 L.R.A. 
 142. 
 
 Begin with this booJc on every law question. 
 
 INJUNCTION, II. k, 1 cont'd 
 Against sale of corporate franchise of prop- 
 erty necessary to its enjoyment. 20 
 
 L.R.A. 737. 
 Against sale of partnership property for 
 
 debt of partner. 4G L.R.A. 500. 
 Amount in dispute in case of injunction 
 
 against sale of exempt property. 61 
 
 L.R.A. 781. 
 Judgment creditor as necessary party to 
 
 suit to enjoin execution sale. L.R.A. 
 
 1915F, 1120. 
 
 42. levy. 
 
 Effect of irregularities in levy on rignt 
 to injunction against sale thereunder. 
 ?0 L.R.A. 137. 
 
 Against levy on partnership property for 
 debt of partnership. 46 L.R.A. 491. 
 
 43. Against sale under trust deed of 
 mortgage. 
 
 Against sale under trust deed pending bank- 
 ruptcy. 2 L.R.A. (N.S.) 560. 
 
 44. under power in mortgage. 
 
 Right to enjoin sale under a power in a 
 mortgage against which the statute of 
 limitations has run. 6 L.R.A. (N.S.) 
 510. 
 
 Against sale under power in mortgage be- 
 cause of overstatement of amount 
 due. 35 L.R.A. (N.S.) 909. 
 
 44a. Against garnishment. 
 
 Against judgment in garnishment proceed- 
 ings, see infra, 60. 
 
 Garnishment in other state. 19 L.R.A. 580. 
 
 Injunction against repeated garnishment of 
 exempt wages. 10 L.R.A. (N.S.) 983. 
 
 Right to enjoin garnishment of wages be- 
 cause of rule of employer providing for 
 discharge of employees whose wages are 
 garnished. 6 L.R.A. (N.S.) 491. 
 
 45. Against collection of purchase 
 money where title to land is defect- 
 ive. 
 
 Fraud or concealment. 7 L.R.A. (N.S.) 448. 
 Where purchaser held by title bond 
 
 7 L.R.A. (N.S.) 449. 
 Insolvency or nonresidence of vendor. 7 
 
 L.R.A.(N.S.) 451. 
 
 Contract of vendor. 7 L.R.A. (N.S.) 454. 
 Solvent vendors. 7 L.R.A. (N.S. ) 455. 
 Purchasers under quitclaim deeds. 7 L.R.A. 
 
 (N.S.) 458. 
 
 Estoppel. 7 L.R.A. (N.S.) 459. 
 Purchaser in default. 7 L.R.A. (N.S.) 459. 
 Contract of purchaser. 7 L.R.A. (N.S.) 460. 
 Notice to purchaser. 7 L.R.A. (N.S.) 460. 
 Pleading, parties, and proof. 7 L.R.A. 
 
 (N.S.) 461. 
 
 Rescission. 7 L.R.A. (N.S.) 463. 
 Curing title. 7 L.R.A. (N.S.) 463. 
 Code and' statutory provisions. 7 L.R.A. 
 
 (N.S.) 463. 
 English and Canadian cases. A. 
 
 (N.S.) 465.
 
 INDEX TO L.R.A. NOTES. 
 
 705 
 
 INJUNCTION, II. k, 1 cont'd 
 
 46. Against criminal proceedings. 
 
 In general. 21 L.R.A. 84; 2 L.R.A.(N.S.) 
 
 INJUNCTION, II. k, 2 cont'd 
 
 Lost or destroyed record. 30 L.R.A. 562. 
 
 For fraud. 30 L.R.A. 562. 
 
 631; 25 L.R.A. (N.S.) 193; 34 
 (N.S.) 454; L.R.A.1916C, 263. 
 
 Prosecutions by the Crown or state. 21 
 
 L.R.A. 84.* 
 
 Prosecutions under city ordinances, gener- 
 ally. 21 L.R.A. 86. 
 
 2. Against judgments. 
 
 47. General equitable jurisdiction in 
 regard to. 
 
 In matters of concurrent jurisdiction. 32 
 L.R.A. 321. 
 
 Where there is a failure to defend at law. 
 32 L.R.A. 322. 
 
 Where there is negligence in not asserting a 
 legal defense. 32 L.R.A. 323. 
 
 Where a legal defense was asserted at law. 
 32 L.R.A. 324. 
 
 For defenses not available at law. 32 
 L.R.A. 324. 
 
 On a bill of discovery to aid defense. 32 
 L.R.A. 325. 
 
 Where there is a remedy at law. 32 L.R.A. 
 326. 
 
 Power of equity to enjoin enforcement of 
 judgment in action at law, in order to 
 retain the status quo pending an ap- 
 peal from such judgment. 25 L.R.A. 
 (N.S.) 828. 
 
 Against enforcement of judgment as aid to 
 equitable set-off against judgment 
 creditor. 35 L.R.A.'(N.S.) 142. 
 
 Injunction against enforcement of judg- 
 ments on betting and gambling con- 
 tracts. 48 L.R.A. 847. 
 
 48. For want of jurisdiction, or 
 judgments which are void. 
 
 In general. 31 L.R.A. 200. 
 
 As to party. 31 L.R.A. 202. 
 
 As to time. 31 L.R.A. 202. 
 
 As to venue. 31 L.R.A. 203. 
 
 As to amount. 31 L.R.A. 203. 
 
 As to judge or court. 31 L.R.A. 204. 
 
 Matters of process and service. 31 L.R.A. 
 204. 
 
 On account of appearance. 31 L.R.A. 211. 
 
 Pleading and practice. 31 L.R.A. 212. 
 
 Win-re there was no judgment or it was set 
 aside. 31 L.R.A. 212. 
 
 Tn garnishment proceedings. 30 L.R.A. 362. 
 
 Right of garnishee to enjoin judgment 
 against him on ground of lack of ju- 
 risdiction against principal defendant. 
 51 L.R.A. (N.S.) 601. 
 
 49. For errors and irregularities. 
 
 For erroneous rulings and decisions. 30 
 
 L.R.A. 700. 
 
 For irregularities. 30 L.R.A. 707. 
 In judgment in garnishment proceedings. 
 30 L.R.A. 361. 
 
 50. For matters arising subsequent- 
 ly to rendition. 
 
 Lack of remedy by appeal or new trial. 
 30 L.R.A. 560. 
 
 L.R.A. ! For alteration of record. 30 L.R.A. 563. 
 
 Judgments set aside, reversed, or supersed- 
 
 ed. 30 L.R.A. 563. 
 For payment or satisfaction. 30 L.R.A. 
 
 563. 
 
 In behalf of surety. 30 L.R.A. 567. 
 For set-off. 30 L.R.A. 569. 
 For newly discovered evidence. 30 L.R.A. 
 
 571; 31 L.R.A. 64. 
 
 51. For defenses existing prior to 
 rendition. 
 
 Set-off against judgment as ground for in- 
 junction, see SET-OFF AND COUNTEB- 
 CLAIM, 24. 
 
 Failure of consideration. 31 L.R.A. 747. 
 
 Fraud. 51 L.R.A. 756. 
 
 Public policy. 31 L.R.A. 758. 
 
 Set-off. 31 L.R.A. 763. 
 
 Payment. 31 L.R.A. 770. 
 
 Conditions. 31 L.R.A. 773. 
 
 Partition and dower. 31 L.R.A. 773. 
 
 As to party. 31 L.R.A. 773. 
 
 Title to property. 31 L.R.A. 774. 
 
 Nonliability in general. 31 L.R.A. 774. 
 
 52. Obtained by fraud. 
 
 Generally. 30 L.R.A. 562, 787. 
 
 Judgment for purchase money. 31 L.R.A. 
 753. 
 
 Fraud affecting original cause of action. 31 
 L.R.A. 756. 
 
 For fraud arising subsequently to rendi- 
 tion of judgment. 30 L.R.A. 562. 
 
 Judgment by confession. 30 L.R.A. 213. 
 
 By agreement. 30 L.R.A. 787. 
 
 By concealment. 30 L.R.A. 791. 
 
 In matters of record. 30 L.R.A. 791. 
 
 In matters of party. 30 L.R.A. 792. 
 
 In acts committed at the trial. 30 L.R.A. 
 792. 
 
 By collusion. 30 L.R.A. 792. 
 
 For fraud in service. 31 L.R.A. 205. 
 
 In garnishment proceedings. 30 L.R.A. 362. 
 
 53. Obtained by perjury. 
 
 Perjury as ground ior relief generally 
 against judgment, see JUDGMENT, 96. 
 
 Surprise in regard to perjury as ground for 
 injunction against judgment. 30 L.R.A. 
 801. 
 
 54. On account of accident, sickness, 
 or death. 
 
 Sickness. 30 L.R.A. 794. 
 
 Death of attorney. 30 L.R.A. 796. 
 
 Other causes. 30 L.R.A. 796. 
 
 55. On account of mistake. 
 
 As ground for injunction against judgment. 
 
 30 L.R.A. 797. 
 
 Against judgment for purchase monev. 
 
 31 L.R.A. 750. 
 
 Loss of appeal by mistake as ground for in- 
 junction against judgment. 30 L.R.A. 
 560. 
 
 Consult also L.R.A. Digests of Cases. 45
 
 TOG 
 
 INDEX TO L.R.A. NOTES. 
 
 INJUNCTION, II. k, 2 cont'd 
 
 56. On account of surprise or duress. 
 
 On account of surprise. 30 L.R.A. 800. 
 On account of duress. 30 L.R.A. 802. 
 
 57. Negligence as a cause for, and as 
 a bar to. 
 
 As a cause for injunctions against judg- 
 ments. 31 L.R.A. 33. 
 As a bar to injunctions against judgments. 
 
 31 L.R.A. 34. 
 Effect of negligence on right to injunction 
 
 against judgment by confession. 30 
 
 L.R.A. 242. 
 Loss of appeal by negligence as ground for 
 
 injunction against judgment. 30 L.R.A. 
 
 562. 
 Negligence as bar to injunction against 
 
 judgment against sureties. 31 L.R.A. 
 
 61. 
 Loss of defenses, by reason of negligence or 
 
 unskilfulness of attorney, as ground for 
 
 enjoining judgment. 9 L.R.A. (N.S.) 
 
 524. 
 
 58. Against or in favor of sureties. 
 
 Against sureties. 31 L.R.A. 60. 
 In favor of sureties. 30 L.R.A. 567; 31 
 L.R.A. 66. 
 
 59. Entered on confession. 
 
 In favor of creditors. 30 L.R.A. 235. 
 
 For irregularities. 30 L.R.A. 237. 
 
 For fraud. 30 L.R.A. 238. 
 
 Judgments against public policy. 30 L.R.A. 
 239. 
 
 Judgments against sureties. 30 L.R.A. 240. 
 
 Judgments against corporations. 30 L.R.A. 
 240. 
 
 Judgments against partners. 30 L.R.A. 240. 
 
 Judgments against executors and adminis- 
 trators. 30 L.R.A. 241. 
 
 Statute of limitations. 30 L.R.A. 241. 
 
 Consideration not due. 30 L.R.A. 241. 
 
 Valid defense must be shown. 30 L.R.A. 
 242. 
 
 Negligence. 30 L.R.A. 242. 
 
 Remedy at law. 30 L.R.A. 242. 
 
 Other matters. 30 L.R.A. 242. 
 
 60. In garnishment proceedings. 
 
 Necessity of making defense at law. 30 
 
 L.R.A. 360. 
 Injunctions for errors and irregularities. 30 
 
 L.R.A. 361. 
 
 Void judgments. 30 L.R.A. 362. 
 Fraud and mistake. 30 L.R.A. 362. 
 Payment. 30 L.R.A. 363. 
 Set-off. 30 L.R.A. 363. 
 Injunctions in behalf of creditors. 30 L.R.A. 
 
 363. 
 
 I. Against officers or municipality gen- 
 erally; as to ordinances. 
 
 61. Generally. 
 
 Against nuisance maintained by munici- 
 pality, see supra, 27. 
 
 Against state officers as action against the 
 state. 44 L.R.A. v N.S.) 189. 
 
 Begin with this book on every law question. 
 
 INJUNCTION, II. 1 cont'd 
 
 Injunction against acts of food commission- 
 er which affect sale of foods. 15 L.R.A. 
 (N.S.) 331. 
 
 Against illegal removal of state capitol. 34 
 L.R.A. (N.S.) 380. 
 
 To prevent revocation of school-teacher's 
 license. 15 L.R.A. (N.S.) 1148. 
 
 Power of courts to control action of execu- 
 tive officers bv writ of injunction. 52 
 L.R.A.(N.S.) 433. 
 
 Power of court to enjoin illegal acts of po- 
 lice officers, other than arrest. 2 L.R.A. 
 (N.S.) 678, 683. 
 
 Application to governing body of munici- 
 pality for relief as condition of citi- 
 zen's right to injunction against action 
 by municipality. 8 L.R.A. (N.S.) 574. 
 
 Right of taxpayer to enjoin removal of 
 teacher. 51* L.R.A. (N.S.) 336. 
 
 6 la. By taxpayer, against unlawful 
 expenditures by municipality. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin unlawful expenditures by 
 municipality. 36 L.R.A. (N.S.) 1. 
 
 61b. By citizen or taxpayer against 
 waste or unlawful expenditure of 
 state funds. 
 
 Action by citizens or taxpayers sustained. 
 
 L.R.A.1915D, 179. 
 
 The action not allowed. L.R.A.1915D, 183. 
 Unsettled or doubtful jurisdictions. L.R.A. 
 
 1915D, 184. 
 
 62. As to ordinances. 
 
 Power to enjoin passage of municipal ordi- 
 nance. 13 L.R.A. 844; 2 L.R.A.(N.S.) 
 152. 
 
 Injunctions against prosecutions under. 21 
 L.R.A. 86. 
 
 Injunction by , private person to restrain 
 violation of municipal ordinance. 5 
 L.R.A.(N.S.) 493. 
 
 m. As to taxes. 
 
 63. Generally. 
 
 To restrain the collection of illegal taxes. 
 
 22 L.R.A. 699. 
 Injunction against enforcement of tax laws 
 
 as affected by other remedies. 8 L.R.A. 
 
 (N.S.) 125. 
 Injunction to prevent collection of tax on 
 
 excessive assessment. 16 L.R.A. (N.S.) 
 
 807; L.R.A.1916A, 972. 
 Power to grant mandatory injunctions as 
 
 to taxes. 20 L.R.A. 167. 
 
 n. .4s to streets, railroads, and carriers. 
 
 64. As to streets. 
 
 Railroads in, see infra, 67. 
 
 Interference with view of premises from 
 street as special damage which will 
 sustain injunction. 5 L.R.A. (N.S.) 
 486. 
 
 As proper remedy to make available fran- 
 chise in street or highway as against 
 municipality. 6 L.R.A. (N.S.) 782.
 
 INDEX TO L.R.A. NOTES. 
 
 707 
 
 INJUNCTION, II. n cont'd 
 
 Injunction or ejectment as the proper rem- 
 edy where public highway is illegally 
 opened over private property. 25 
 L.R.A. (N.S.) 511. 
 
 Interference with one's use of highway as a 
 special damage which will sustain an ! 
 action by him against the wrongdoer. 
 28 L.R.A. (N.S.) 1053; L.R.A.1915D, 
 142. 
 
 Delay in applying for injunction against 
 maintaining telephone or telegraph line 
 in street or highway. 8 L.R.A. (N.S.) 
 1091. 
 
 As a proper remedy to protect right of in- 
 gress and egress from street to abut- 
 ting property. 35 L.R.A. (N.S.) 193. 
 
 Power to grant mandatory injunctions as 
 to highways, roads, and passways. 20 
 L.R.A. 162. 
 
 65. nuisances in. 
 
 Injunction by municipal corporation 
 against nuisances on. 42 L.R.A. 814. 
 
 Injunction against nuisance maintained by 
 municipality in streets. 23 L.R.A. 
 303. 
 
 Abutter's right to enjoin railroad in street 
 as nuisanc.e. 23 L.R.A. 303; 36 L.R.A. 
 (N.S.) 812. 
 
 Interference with right of ingress and 
 egress from street as special damage 
 entitling abutting owner to injunction. 
 35 L.R.A.(N.S.) 193. 
 
 State as proper party to maintain bill to 
 abate or enjoin a public nuisance in a 
 city street. 19 L.R.A.(N.S.) 1173. 
 
 Special damage from awning or structure 
 overhanging street which will sustain 
 action by private person to enjoin it as 
 a nuisance. 48 L.R.A.(N.S.) 173. 
 
 66. Railroads and street rail \vu\s: 
 carriers. 
 
 Injunction against, as nuisances, in suit by 
 municipality. 44 L.R.A. 565. 
 
 Injunction to compel a carrier to transport 
 freight. L.R.A.1918C, 887. 
 
 Remedy by injunction for unlawful dis- 
 crimination by railroad against hack 
 driver. 8 L.R.A. ( N.S. ) 1027. 
 
 Power to grant mandatory injunctions in 
 respect to common carriers, commerce, 
 and railroads. 20 L.R.A. 166. 
 
 67. in street. 
 
 Injunction against nuisance as to railroads 
 in streets. 23 L.R.A. 303. 
 
 Right of abutting owners to enjoin rail- 
 road in street as nuisance. 36 L.R.A. 
 (N.S.) 812. 
 
 Right of nonconsenting abutting owner to 
 injunction against use of highway for 
 street railway authorized by public. 
 28 L.R.A.(N.S.) 1082. 
 
 Effect of abutting owner's consent to con- 
 struction of railroad or street railway 
 in street on his right to an injunc- 
 tion. -7 L.R.A. (N.S.) 991; 23 L.R.A. 
 (N.S.) 43.3. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INJUNCTION, II. n cont'd 
 68. as to tickets. 
 
 Against dealing in nontransferable railroad 
 ticket. 10 L.R.A. (N.S.) 437. 
 
 o. Unfair competition; tradename; 
 trademark; patent; copyright; 
 trade secrets. 
 
 69. Generally. 
 
 Against false statement as to plaintiff's 
 property or business. 16 L.R.A. 243. 
 
 Necessity of fraudulent intent to justify 
 injunction against unfair competition. 
 4 L.R.A. (N.S.) 960. 
 
 Right of \endee to injunction against in- 
 fringement of trademark. 1 L.R.A. 
 (N.S.) 720. 
 
 Right to protection against use by rival of 
 similar design, shell, or pattern not 
 protected by patent. 19 L.R.A. (N.S.) 
 269; 37 L.R.A. (N.S.) 259. 
 
 Right of members of organization to pro- 
 tection in use of name which their ef- 
 forts have made valuable. 28 L.R.A. 
 (N.S.) 458. 
 
 Right of benevolent, fraternal or social or- 
 der to protection against use of name, 
 insignia, ritual, etc., by another organ- 
 ization. L.R.A. 1915B," 1074. 
 
 Relief against the infringement of trade- 
 name not used in connection with man- 
 ufactured articles. 15 L.R.A. (N.S.) 
 625. 
 
 Right to enjoin in different locality use of 
 similar name as trademark or 
 name. 35 L.R.A.(N.S.) 254. 
 
 Power of equity, upon enjoining unfair 
 competition or infringement of trade- 
 mark, tradename, patent, or copyright, 
 to require defendant to pay damages 
 sustained by complainant as distin- 
 guished from profits realized by de- 
 fendant. 21 L.R.A. (N.S.) 526. 
 
 Right of noncompetitor to enjoin one from 
 carrying on his business in such a way 
 as to induce the belief that it is car- 
 ried on by the plaintiff. 5 B. R. C. 
 350. 
 
 Protection of public as ground for injunc- 
 tion against misuse of trademark or 
 tradename. L.R.A.1916D, 119. 
 
 69a. Doctrine of comparative injury 
 in suit to enjoin patent. 
 
 Where injunction sought to restrain other 
 infringement suits. 39 L.R.A. (N.S.) 1. 
 Where injunction sought to restrain in- 
 fringement. 39 L.R.A.(N.S.) 3. 
 
 70. Effect of fraud or deception by 
 one asking for injunction. 
 
 Effect of false representations extrinsic to 
 tradename or trademark, on right to 
 injunction against infringement. 12> 
 L.R.A.(N.S.) 1201; 23 L.R.A. (NS.) 
 1151.
 
 708 
 
 INDEX TO L.R.A. NOTES. 
 
 IN&UNCTION, II. o cont'd 
 
 71. Copyright; rights of author. 
 
 Power of equity on enjoining infringement 
 of copyright, to require defendant to 
 pay damages sustained by complainant 
 as distinguished from profits realized 
 by defendant. 21 L.R.A.(N.S.) 526. 
 
 Eights and remedies of author who has 
 parted with property rights in work. 
 3 L.R.A.(N.S.) 629. 
 
 72. Trade secrets. 
 
 To protect trade secrets. 13 L.R.A. 652; 
 12 L.R.A.(N.S.) 102; 20 L.R.A.(N.S.) 
 933; 44 L.R.A.(N.S.) 1160. 
 
 p. Against speech or publication. 
 
 73. Generally. 
 
 Against speech or publication. 32 L.R.A. 
 831. 
 
 Against improper publication constituting 
 punishable contempt. 32 L.R.A. 273. 
 
 Against publishing or circulating state- 
 ments relative to industrial disputes 
 by labor union. 32 L.R.A.(N.S.) 1013. 
 
 Injunction against publication of letters. 
 37 L.R.A. (N.S.) 944. 
 
 Against nonlibelous publication affecting 
 personal or political rights. L.R.A. 
 1917A, 163. 
 
 q. Miscellaneous. 
 
 74. Generally. 
 
 To protect personal right. 37 L.R.A. 783; 
 1 L.R.A. (N.S.) 1147. 
 
 To prevent disturbance of religious wor- 
 ship. L.R.A.1917D, 996. 
 
 For violation of legal right. 6 L.R.A. 855. 
 
 In aid of attachment. 20 L.R.A. 446. 
 
 Against interfering with public agency. 
 15 L.R.A. 64. 
 
 Against bringing intoxicating liquor into 
 prohibition district. 35 L.R.A. (N.S.) 
 879. 
 
 Right of property owner to injunction 
 against maintenance of electric light 
 plant in vicinity of his property. 27 
 L.R.A.(N.S.) 237. 
 
 Right of benevolent, fraternal or social or- 
 der to protection against use of name, 
 insignia, ritual, etc., by another organ- 
 ization. L.R.A.1915B, 1074. 
 
 Rights of public service corporation to en- 
 join rival on ground that it is operat- 
 ing without right or in excess of pow- 
 ers. L.R.A.1916B, 1087. 
 
 Constitutionality of statute restricting rem- 
 edy by injunction in labor disputes. 
 L.R.A.1916F, 836. 
 
 75. Cemetery; 
 remains. 
 
 burial ; removal of 
 
 Injunctive relief as to cemetery property, 
 burials, or removal of remains. 3 
 L.R.A.(N.S.) 482. 
 
 Injunction against nuisance as to ceme- 
 teries, maintained by municipality. 23 
 L.R.A. 303. 
 
 Injunctions by municipality against. 41 
 L.R.A. 323. 
 
 INJUNCTION, II. q cont'd 
 
 76. As to fences and gates. 
 
 Injunction to compel or prevent the erec- 
 tion, maintenance, or removal of 
 . fences or gates. 7 L.R.A. (N.S.) 
 49, 72. 
 
 Against fences in highway. 42 L.R.A. 822. 
 
 77. spite fences. 
 
 Against spite fence. 40 L.R.A. 177; 62 
 L.R.A. 683; 25 L.R.A. (N.S.) 831; 52 
 L.R.A.(N.S.) 736. 
 
 717. Mandatory and temporary injunc- 
 tions. 
 
 78. Mandatory injunctions. 
 
 Necessity of hearing before granting pre- 
 liminary mandatory injunction. 9 
 L.R.A.(N.S.) 1225. 
 
 As proper remedy to make available, fran- 
 chise in street or highway as against 
 municipality. 6 L.R.A. (N.S.) 782. 
 
 Suspension of pending appeal. 38 L.R.A. 
 (N.S.) 439. 
 
 Disobedience of void mandatory injunction 
 as a contempt. 16 L.R.A. (N.S.) 1064. 
 
 Right to mandatory injunction to restore 
 status existing prior to violation of 
 prohibitory injunction. 47 L.R.A 
 (N.S.) 1155. 
 
 79. power to grant. 
 
 In regard to obstruction of lights. 20 
 L.R.A. 161. 
 
 As to use of property. 20 L.R.A. 161. 
 
 As to roads, highways, and passways. 20 
 L.R.A. 162. 
 
 As to mandatory injunctions relating to 
 milldams. 20 L.R.A. 163. 
 
 As to obstruction or diversion of water 
 courses in other matters. 20 L.R.A. 
 164. 
 
 As to other kinds of nuisances. 20 L.R.A. 
 165. 
 
 Mandatory injunctions as applied to com- 
 mon carriers, commerce, and railroads. 
 20 L.R.A. 166. 
 
 As to taxes. 20 L.R.A. 167. 
 
 As to offices. 20 L.R.A. 167. 
 
 As to churches. 20 L.R.A. 167. 
 
 As to specific performance of contracts. 20 
 L.R.A. 167. 
 
 As to possession of property. 20 L.R.A. 
 169. 
 
 To compel removal of structure which en- 
 croaches on adjoining property. 36 
 L.R.A.(N.S.) 402. 
 
 To compel or prevent erection or removal 
 of fences or gates. 7 L.R.A. (N.S.) 49. 
 
 Right to enforcement of restrictive cove- 
 nant as affected by change in neighbor- 
 hood. 28 L.R.A. (N.S.) 706. 
 
 80. Temporary injunction. 
 
 Violation of, as contempt of court, see CON- 
 TEMPT, 8a. 
 
 Necessity of hearing before granting. 9 
 
 L.R.A.(N.S.) 1225. 
 Against obstructing waters of stream. 59 
 
 Begin with this boofc on every law question. 
 
 L.R.A. 885.
 
 INDEX TO L.R.A. NOTES. 
 
 INJUNCTION, III. cont'd 
 Right to temporary injunction against 
 transfer by husband in fraud of wife's 
 support. 18 L.R.A.(N.S.) 1156. 
 Doctrine of comparative injury on appli- 
 cation for preliminary injunction 
 against nuisance. 31 L.R.A.(N.S.) 881; 
 L.R.A.1916C, 1269. 
 
 Doctrine of comparative injury on applica- 
 tion for preliminary injunction against 
 infringement of patent. 39 L.R.A. 
 (N.S.) 3. 
 
 Right to preliminary injunction which 
 would have effect of transferring 
 possession of property from defend- 
 ant to plaintiff. 39 L.R.A.(N.S.) 
 31. 
 
 IV. Jurisdictional amount* 
 
 Q 81. Generally. 
 
 Amount in dispute in case of injunction 
 against enforcement of liens or 
 claims against specific property. 
 61 L.R.A. 781. 
 
 V. Procedure; bond; decree, 
 a. In general. 
 
 82. Generally. 
 
 Sufficiency of pleading, see PLEADING, 34. 
 
 When may local venue be disregarded in 
 case of suit for injunction as ancil- 
 lary to another suit or proceedings. 
 L.R.A.1916D, 1135. 
 
 Necessity of hearing before granting pre- 
 liminarv mandatory injunction. 9 
 L.R.A. (N.S.) 1225. 
 
 Removal of injunction proceeding because 
 of separable controversy. 5 L.R.A. 
 (N.S.) 98. 
 
 Joinder of parties in suit to restrain pollu- 
 tion of water course. 6 L.R.A. (N.S.) 
 1149. 
 
 Right of tenant who maintains his posses- 
 sion by means of wrongful injunction, 
 to crops grown on the leasehold. 12 
 L.R.A.(N.S.) 194. 
 
 82a. Parties. 
 
 Joinder of tort feasors in suit to restrain 
 
 their wrongful acts. 40 L.R.A.(N.S.) 
 
 110. 
 Judgment creditor as necessary party to 
 
 suit to enjoin execution sale. L.R.A. 
 
 1915F, 1120. 
 
 83. Effect of appeal. 
 
 To modify or suspend injunction. 1 L.R.A. 
 
 (X.S.) 555. 
 Suspension of, pending appeal. 38 L.R.A. 
 
 i N.S.) 436. 
 On jurisdiction of trial court to punish its 
 
 violation as contempt. 14 L.R.A. 
 
 (X.S.) 1150; L.R.A.1918F, 794. 
 
 84. Damages for suing out. 
 
 Recovery on bond of attorneys' fees in- 
 curred in procuring dissolution, see 
 infra, 87. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INJUNCTION, V. a cont'd 
 Measure of damages in injunction cased, sec 
 DAMAGES, 94. 
 
 Right to recover damages caused by an in- 
 junction. 18 L.R.A. 275. 
 Right, independently of bond, to recover for 
 damages caused by injunction. 
 L.R.A.1916E, 1282. 
 Loss of profits as element of damages for 
 
 wrongful injunction. 52 L.R.A. 58. 
 Liability of municipality for wrongful in- 
 junction proceedings instituted by its 
 officers. 32 L.R.A. (N.S.) 34, 
 
 b. Bond, 
 
 85. Generally. 
 
 Effect of insertion of unauthorized provi- 
 sions in. L.R.A.1917B, 990. 
 
 Form of judgment on injunction bond. 62 
 L.R.A. 446. 
 
 Relief from judgment against sureties on 
 bond. 31 L.R.A. 66. 
 
 Liability of injunction bond for acts of 
 third persons. 34 L.R.A. (N.S.) 951. 
 
 Effect upon surety on injunction bond of 
 judgment against principal. 40 L.R.A. 
 (N.S.) 742; L.R.A.1918E, 820. 
 
 Liability of sureties on injunction bond 
 where judgment is in favor of one prin- 
 cipal and against another. 51 L.R.A. 
 (N.S.) 661. 
 
 Presumption as to time of alteration in in- 
 junction bond. 39 L.R.A. (N.S.) 114. 
 
 86. Extent of recovery on. 
 
 Penalty as limit of liability on bond. 55 
 
 L.R.A. 389. 
 Right to interest on injunction bond. 28 
 
 L.R.A.(N.S.) 14, 82. 
 
 87. of attorneys' fees necessarily 
 expended in dissolving the injunc- 
 tion. 
 
 The conflict in the courts. 16 L.R.A. 
 
 (N.S.) 50; 33 L.R.A. (N.S.) 844. 
 The necessity and value of the services. 16 
 
 L.R.A.(N.S.) 81. 
 Preliminary work. 16 L.R.A.(N.S.) 62; 
 
 33 L.R.A.(N.S.) 845. 
 
 Restriction to services relating to dis- 
 solution of injunction. 16 L.R.A. 
 
 (N.S.) 64; 33 L.R.A. (N.S.) 846. 
 Unsuccessful efforts to dissolve. 16 L.R.A. 
 
 (N.S.) 65. 
 Defense on the merits. 16 L.R.A. (N.S.) 
 
 66. 
 
 General services in action. 16 L.R.A. 
 (N.S.) 69. 
 
 The rule in Kentucky. 16 L.R.A. 
 
 (N.S.) 72; 33 L.R.A.(N.S.) 847. 
 Particular kinds of service. 16 L.R.A. 
 
 (N.S.) 73. 
 
 In suits in equity. 16 L.R.A. (N.S.) 74. I 
 Service by salaried officials, pro se, and 
 
 gratuitous. 16 L.R.A. (N.S.) 75; 33 
 
 L.R.A. (N.S.) 847. 
 Counsel fees as only damage. 16 L.R.A. 
 
 (X.S.) 75.
 
 710 
 
 INDEX TO L.R.A. NOTES. 
 
 INJUNCTION, V. b cont'd 
 
 Necessity of actual payment. 16 L.R.A. 
 
 (N.S.) 76. 
 
 Malice. 16 L.R.A. (N.S.) 76. 
 Final decree as prerequisite. 33 L.R.A. 
 
 (N.S.) 848. 
 
 c. Dissolution and decree. 
 
 88. Dissolution. 
 
 Recovery on bond of attorneys' fees expend- 
 ed in dissolution, see supra, 87. 
 
 89. Decree; relief granted. 
 
 Nature of proceeding for violation of, as 
 civil or criminal, see CONTEMPT, 2. 
 
 Extent and form of relief in action for in- 
 junction to compel or prevent erection, 
 maintenance, or removal of fences or 
 gates^ 7 L.R.A. (N.S.) 70, 85. 
 
 Damages in lieu of injunction. 20 L.R.A. 
 752. 
 
 Power of equity on enjoining unfair compe- 
 tition or infringement of trademark, 
 tradenamo, patent, or copyright, to re- 
 quire defendant to pay damages sus- 
 tained by complainant as distinguished 
 from profits realized by defendant. 21 
 L.R.A.(N.S.) 526. 
 
 Final decree as prerequisite to recovery on 
 bond of attorneys' fees incurred in 
 procuring dissolution. 33 L.R.A. 
 (N.S.) 848. 
 
 90. Effect and co Delusiveness of de- 
 cree. 
 
 Collusiveness of prior decisions on appeal 
 as to. 34 L.R.A. 340. 
 
 Decree in taxpayer's suit restraining dis- 
 trict from performing contract as 
 binding on contractor. 37 L.R.A. 
 (N.S.) 383. 
 
 Effect of decree enjoining use of real prop- 
 erty in a certain manner upon right of 
 subsequent occupants. 13 L.R.A. 
 (N.S.) 462. 
 
 Effect of injunction against legal proceed- 
 ings on running of statute of limita- 
 tions. 3 L,R.A.(N.S.) 1187; 23 L.R.A. 
 (N.S.) 673; L.R.A.1918F, 688. 
 
 Effect of injunction against doing of an 
 act as a defense to a criminal prosecu- 
 tion. L.R.A.1916B, 767. 
 
 INJURY. 
 
 Personal injury, see PERSONAL INJURIES. 
 
 INLAND WATERS. 
 
 Jurisdiction over, see WATERS, 7. 
 
 Duty and obligation of vessel on, in respect 
 to sick or injured member of crew. 35 
 L.R.A.(N.S.) 199. 
 
 Begin ivith this booh- on every law question. 
 
 INNKEEPERS. 
 
 /. In general, 1, 2. 
 II. What are inns or hotels, 3. 
 
 III. Who are guests 4, 5. 
 
 IV. Duty and liability of innkeeper, 
 
 6-12. 
 
 V. Protection of innlcecper; liens, 
 13, 14. 
 
 1. In general. 
 
 1. Generally. 
 
 Board generally, see BOARD, 1. 
 
 As to restaurants, see RESTAURANTS. 
 
 Insurance against loss of profits by hotel 
 keeper. L.R.A.1917C, 727. 
 
 Compulsory service by. 15 L.R.A. 321. 
 
 Constitutional right to equal accommoda- 
 tion. 14 L.R.A. 579. 
 
 Hotel or lodging house as violation of re- 
 strictive covenant. 41 L.R.A. (N.S.) 
 625. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of business of, as af- 
 fected bv territorial scope. 24 L.R.A. 
 (N.S.) 930. 
 
 Serving game or fish with meal as violation 
 of game law. L.R.A.19.17F, 769. 
 
 Serving liquor with meals by proprietor of 
 hotel or restaurant as a sale thereof. 
 25 L.R.A.(N.S.) 943; 52 L.R.A. (N.S.) 
 722. 
 
 Right of innkeeper to transfer guest. 9 
 L.R.A. (N.S.) 213. 
 
 Character of occupancy of employees. 4 
 L.R.A.(N.S.) 702, 718. 
 
 2. License of; unlicensed Innkeepers. 
 
 Power to require license to keep inn. L.R.A. 
 1915B, 1097. 
 
 Proprietor of hotel conducted on European 
 plan as keeper of a restaurant within 
 license statute or ordinance. 17 L.R.A. 
 (N.S.) 566. 
 
 Validity of contract of unlicensed inn- 
 keeper. 12 L.R.A. (N.S.) 617. 
 
 Effect of failure to procure license on right 
 to recover for board. 1 L.R.A. (X.S.) 
 1159. 
 
 II. What are inns or hotels. 
 
 3. Generally. 
 
 Sleeping-car companies as. 21 L.R.A. 289; 
 
 L.R.A.1915B, 621. 
 Furnishing food to guests as an essential 
 
 characteristic of a hotel or inn. 17 
 
 L.R.A.(N.S.) 1259. 
 What constitutes within liquor license law. 
 
 20 L.R.A. (N.S.) 107. 
 What constitutes, within meaning of Civil 
 
 Rights Statutes. L.R.A.1918F, 830. 
 Proprietor of hotel conducted on European 
 
 plan as keeper of restaurant within 
 
 license, statute, or ordinance. 17 
 
 L.R.A. (N.S.) 566.
 
 INDEX TO L.R.A. NOTES. 
 
 ill 
 
 INNKEEPERS cont'd 
 
 ///. Who are guests. 
 
 4. Generally. 
 
 Payment of board by week as affecting re- 
 lation between proprietor of hotej and i 
 one who makes no arrangement as to 
 time of stay. 14 L.R.A.(N.S.) 476; 
 42 L.R.A.(N.S.) 122. 
 
 Payment of expenses by third person as 
 affecting existence of relation of inn- 
 keeper and guest. 4 B. R. C. 430. 
 
 5. Initiation of relation. 
 
 When is the relation of innkeeper and guest 
 initiated. 34 L.R.A.(N.S.) 420. 
 
 What acts, with respect to baggage of an 
 intending guest, will initiate the re- 
 lation of innkeeper and guest so as to 
 create liability for its loss or injury. 
 23 L.R.A.(N.S.) 1107; 39 L.R.A. 
 (N.S.) 1085. 
 
 IV. Duty and liability of innkeeper. 
 
 6. Generally. 
 
 Refusal to accept or serve one as a guest. 
 
 52 L.R.A. (N.S.) 740. 
 
 Duty of innkeeper with respect to opera- 
 tion of elevator. 16 L.R.A. (N.S.) 290. 
 
 7. Liability for loss of property. 
 
 Liability of innkeeper for loss of goods from 
 
 check room. L.R.A.1918C, 674. 
 Duty and liability of boarding-house keeper 
 or innkeeper with respect to prop- 
 erty of boarder as distinguished 
 from guest. 45 L.R.A. (N.S.) 31. 
 Liability of innkeeper or boarding-house 
 keeper for theft from boarder. 3 B. R. 
 C. 316. 
 
 Presumption of negligence of innkeeper 
 from injury to property of guest. 20 
 L.R.A.(N.S.) 1027. 
 
 8. for what property responsible. 
 
 Effect of statute limiting innkeeper's lia- 
 bility for goods not delivered into his 
 custody. 51 L.R.A.(N.S.) 1168. 
 
 Liability of innkeeper for loss of baggage or 
 effects of one making free use of inn. 
 L.R.A.1916E, 535. 
 
 Liability for effects left by departing guest 
 who intends to return. L.R.A.1917F, 
 839. 
 
 Liability for loss or destruction of com- 
 mercial traveler's samples. 35 L.R.A. 
 (N.S.) 350. 
 
 Effect of statute limiting innkeeper's lia- 
 bilitv for goods not delivered into his 
 custody. 22 L.R.A. (N.S.) 577. 
 
 Duty of innkeeper as to effects of one who 
 lias left without intention of returning 
 as guest. 28 L.R.A. (N.S.) 495; L.R.A. 
 1916F, 235. 
 
 Effects left by departing guest who intends 
 to return. L.R.A.1917F, 839. 
 
 negligence 
 
 of 
 
 9. contributory 
 guest. 
 
 Effect of guest's noncompliance with regu- 
 lations. 6 L.R.A. 486. 
 Consult also L.R.A. Digests of Cases. 
 
 INNKEEPERS, IV. cont'd 
 10. For injuries to persons or sensi- 
 bilities of guests. 
 
 Injury by elevator, see ELEVATORS, 5. 
 Liability of landlord for injury to guests 
 
 of tenant, see LANDLORD AND TENANT, 
 
 72. 
 
 Liability for ejecting guests. 42 L.R.A. 
 
 (N.S.) 830. 
 
 Liability for personal injury to guest from 
 condition of inn premises. 43 
 L.R.A.(N.S.) 657. 
 
 Liability for injury caused by lack or in- 
 sufficiency of fire escapes. 35 L.R.A. 
 
 160; 10 L.R.A. (N.S.) 177; 21 L.R.A. 
 
 (N.S.) 178; 39 L.R.A. (N.S.) 744; 
 
 L.R.A.1917C, 1153. 
 Liability for serving unfit food. 40 L.R.A. 
 
 (N.S.) 480; L.R.A.1915B, 481. 
 Presumption of negligence of innkeeper 
 
 from injury to guest. 20 L.R.A. 
 
 (N.S.) 1027. 
 
 11. by servant. 
 
 Liability for injury to guest by servant. 
 69 L.R.A. 642. 
 
 Liability, at common law, of a saloonkeeper 
 for personal injury to patron. 4 
 L.R.A.(N.S.) 649. 
 
 Liability for assault by servant upon a pa- 
 tron. 12 L.R.A. (N.S.) 1155; L.R.A. 
 1918E, 708. 
 
 Liability for malicious acts of servant 
 towards guest. 4 L.R.A. (N.S.) 485. 
 
 12. Duty as to shelter and entertain- 
 ment of traveler. 
 
 Genfral rules. 2 B. R. C. 684. 
 Limitations and exceptions. 2 B. R. C. 
 689. 
 
 V. Protection of innkeeper; liens. 
 
 13. Generally. 
 
 Power of legislature to enact prima facie 
 rule of evidence as to intent to defraud 
 innkeeper. L.R.A.1915C, 733. 
 
 Constitutionality of statute providing for 
 imprisonment for beating board bill. 
 21 L.R.A.(N.S.) 259; L.R.A.1915B, 649. 
 
 14. Lien. 
 
 Generally. 21 L.R.A. 229. 
 
 Who is a boarding house keeper within stat- 
 ute giving lien. L.R.A.1918D, 402. 
 
 Distinction between guest and boarder. 21 
 L.R.A. 229. 
 
 What property subject. 21 L.R.A. 229. 
 
 Property of third persons. 21 L.R.A. 230; 
 24 L.R.A. (N.S.) 958. 
 
 Property purchased by guest under condi- 
 tional sale. L.R.A.1915D, 1143. 
 
 Master's goods in possession of servant. 21 
 L.R.A. 230. 
 
 Where several are in one company. 21 
 L.R.A. 230. 
 
 How relation of guest effected. 21 L.R.A. 
 231. 
 
 Waiver of lien. 21 L.R.A. 231. 
 
 Enforcement of lien. 21 L.R.A. 231.
 
 712 
 
 INDEX TO L.R.A. NOTES. 
 
 INNOCENCE. 
 
 Presumption of, see EVIDENCE, 55. 
 
 Conclusiveness in civil action of judgment 
 in criminal action to show innocence. 
 11 L.R.A.(N.S.) 657. 
 
 Innocence of one arrested as affecting right 
 to arrest without a warrant under a 
 statute authorizing such an arrest 
 when the offender shall be taken or ap- 
 prehended in the act. 34 L.R.A.(N.S.) 
 1182. 
 
 INNUENDO. 
 
 Effect of innuendo on defense of truth to 
 civil action for libel or slander. 31 
 L.R.A.(N.S.) 140; 50 L.R.A.(N.S.) 
 1040. 
 
 INOPERATIVE INSURANCE. 
 
 Effect of, on other insurance, 
 
 ANCE, 100. 
 
 see INSUB- 
 
 IN PARI DELICTO. 
 
 Doctiine of, see CONTRACTS, 113. 
 
 INQUEST. , 
 
 By coroners, see CORONERS. 
 In lunacy proceedings, see INCOMPETENT 
 PERSONS, 5-7. 
 
 INQUIRY. 
 
 Necessity of, to raise presumption of death 
 from seven years' absence. 2 L.R.A. 
 (N.S.) 809; 28 L.R.A.(N.S.) 178. 
 
 INSANE ASYLUM. 
 
 As a nuisance. 40 L.R.A. (N.S.) 647. 
 
 Erection of, as violation of restrictive cove- 
 nant in deed. 41 L.R.A. (N.S.) 617. 
 
 Exemption of, from suit, as agency of state. 
 35 L.R.A. (N.S.) 243. 
 
 Power to make estate of person committed 
 to, or his relatives liable for cost of 
 his maintenance therein. 24 L.R.A. 
 (N.S.) 295. 
 
 Validity of decree of divorce obtained on 
 publication or service out of state 
 where defendant was confined in. 19 
 L.R.A. 816, 821. 
 
 Privilege of records of insane asylum. 51 
 L.R.A.(N.S.) 22. 
 
 INSANE DELUSIONS. 
 
 AS affecting criminal responsibility, see 
 
 CRIMINAL LAW, 8, 9. 
 What are, see INCOMPETENT PERSONS, 3.' 
 
 As proof of incapacity of testator. 27 
 L.R.A.(N.S.) 62; L"R.A.1915A, 458. 
 
 INSANE PERSONS. 
 
 See INCOMPETENT PERSONS; WILLS, 9-15. 
 
 INSANITY. 
 
 In general, see INCOMPETENT PERSONS. 
 
 As included in the word "sickness" as used 
 in policy providing for payment of sick 
 benefits. L.R.A.1918B, 643. 
 
 INSECURITY CLAUSE. 
 
 Effect of, in chattel mortgage, see CHATTEL 
 MORTGAGE, 26. 
 
 INSIGNIA. 
 
 Right of benevolent, fraternal or social or- 
 der to protection against use of, by 
 another organization. L.R.A.1915B, 
 1074. 
 
 Begin with this booTc on every law question. 
 
 INSOLVENCY. 
 
 I. In general, 1, 2. 
 II. Preferences, 3. 
 
 III. Assets, 4. 
 
 IV. Claims against estate, 5-8. 
 
 a. In general, 5. 
 
 b. Priorities, 6-8. 
 V. Effect, 9-15. 
 
 VI. Discharge and its effect, 16. 
 
 I. In general. 
 
 1. Generally. 
 
 Assignment for benefit of creditors, see AS- 
 SIGNMENT FOR CREDITORS. 
 
 Bankruptcy, see BANKRUPTCY. 
 
 Set-off by or against estate of bankrupt, 
 see BANKRUPTCY, 26-30. 
 
 Set-off by or against insolvent bank, see 
 BANKS, 42. 
 
 Relation of bankrupt law to assignments 
 and insolvency proceedings under state 
 laws, see BANKRUPTCY, 9. 
 
 Composition with creditors, see COMPOSI- 
 TION WITH CREDITORS. 
 
 Transfer of insurance policy in case of, 
 see INSURANCE, 1, 2, '3. 
 
 Charge of insolvency as libel or slander, 
 see LIBEL AND SLANDER, 16, 17, 26. 
 
 As to receivers, see RECEIVERS.
 
 INDEX TO L.R.A. NOTES. 
 
 713 
 
 INSOLVENCY, I. cont'd 
 
 Set-off in case of, see SET-OFF, 12, 16-21. 
 
 Insolvency of corporation, generally, see 
 CORPORATIONS, 134-137. 
 
 Insolvency of bank, see BANKS, 39-42. 
 
 Of building and loan association, see BUILD- 
 ING AND LOAN ASSOCIATIONS. 
 
 Of corporation generally, see CORPORATIONS, 
 X. 
 
 Of insurance companv, see INSURANCE, 
 9, 10. 
 
 Of partnership, see PARTNERSHIP, 15-17. 
 
 Receivers for insolvent, see RECEIVERS. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 739. 
 
 Buyer's concealment of insolvency as a 
 fraud on seller. 14 L.R.A. 264. 
 
 Title secured by insolvent purchasing goods 
 with knowledge that he cannot pay for 
 them. 44 L.R.A.(N.S.) 16. 
 
 Dower in land subject to purchase money 
 mortgage sold in insolvency proceedings 
 against husband. 52 L.R.A. (N.S.) 549. 
 
 Duty of one taking note to communicate 
 the fact of principal's insolvency to 
 one assuming the obligation of surety. 
 14 L.R.A. (N.S.) 377. 
 
 Right of grantee in possession to question 
 grantor's right to collect purchase 
 money in action of. 21 L.R.A. (N.S.) 
 395. 
 
 Appointment of insolvent debtor as ex- 
 ecutor or administrator as discharging 
 debt or charging his sureties. 26 
 L.R.A. (N.S.) 417. 
 
 Necessity of following insolvent's estate for 
 pro' rat a to hold indorser of note. 18 
 L.R.A. (N.S.) 539. 
 
 Withdrawal from insolvent loan associa- 
 tion. 35 L.R.A. 298; 49 L.R.A. (N.S.) 
 1142. 
 
 First and last days in computing time for 
 matters in. 49 L.R.A. 240. 
 
 Pendency of action in both state and Feder- 
 al courts. 42 L.R.A. 460. 
 
 Notice of vendor's insolvency sufficient to 
 put purchaser on inquiry as to vendor's 
 fraudulent intent. 32 L.R.A. 49. 
 
 Insolvency proceedings as violation of cove- 
 nant in lease against assignment or 
 sale. 14 L.R.A. (N.S.) 1201. 
 
 Federal courts following state decisions as 
 to construction and effect of state stat- 
 utes as to. 40 L.R.A. (N.S.) 431. 
 
 2. Recovering back payments made 
 in ignorance of. 
 
 Right of bank to recover amount paid on 
 check in ignorance of insolvency of 
 drawer who was indebted to it. 33: 
 L.R.A. (N.S.) 963. 
 
 Right of executor or administrator to re- 
 cover back from creditor excessive pay- 
 ments made under mistaken belief that 
 estate was solvent. 28 L.R.A. (N.S.) 
 440. 
 
 77. Preferences. 
 
 3. Generally. 
 
 In assignment for creditors, see ASSIGN- 
 MENT OF CREDITORS, 15, 16. 
 Consult also L.R.A. Digests of Cases. 
 
 INSOLVENCY, II. cont'd 
 
 Preferences by bankrupt, see BANKRUPTCY, 
 
 13-17. 
 
 By insolvent bank, see BANKS, 40. 
 By insolvent corporations generally, see 
 
 CORPORATIONS. 137. 
 As between creditors of partnership and of 
 
 individual partners, see PARTNERSHIP, 
 
 17. 
 
 Application of firm property to payment of 
 debts of individual partner. 29 L.R.A. 
 685. 
 
 Preference by judgment. 6 L.R.A. 765;* 
 12 L.R.A. 810;* 22 L.R.A. 808. 
 
 Effect of contemporaneous agreement to 
 give the debtor employment', or retain 
 him in a position, to render an at- 
 tempted preference invalid as to other 
 creditors. 17 L.R.A. (N.S.) 310. 
 
 Law governing discrimination between resi- 
 dents and nonresidents. 65 L.R.A. 
 368. 
 
 Composition with creditors: preference cre- 
 ated by act or undertaking of third 
 party. 2 B. R. C. 460. 
 
 Liability of creditor obtaining a fraudu- 
 lent preference in composition with 
 creditors. 27 L.R.A. 39. 
 
 Effect, under bankruptcy and insolvency 
 laws, of creditors' participation in 
 fraudulent intent of debtor in making 
 transfer by way of preference. 31 
 L.R.A. 647. 
 
 Participation by preferred creditor in 
 debtor's fraud. 36 L.R.A. 360. 
 
 Securing preference as participation in 
 debtor's fraudulent intent. 31 L.R.A. 
 615. 
 
 717. Assets. 
 
 Assets of bankrupt, see BANKRUPTCY, 18- 
 22. 
 
 4. What are. 
 
 Of bankrupt estate, see BANKRUPTCY, 19, 
 20. 
 
 Liquor license as asset. 4 L.R.A. (N.S.) 
 626. 
 
 Life insurance as assets of insolvent. 50 
 L.R.A. 33; 26 L.R.A. (N.S.) 451; 30 
 L.R.A. (N.S.) 990. 
 
 Rights of creditors of insured in endow- 
 ment or tontine insurance. 4 L.R.A. 
 (N.S.) 456. 
 
 Does right of action for personal injuries 
 pass to assignee in insolvency. 44 
 L.R.A. 180; 12 L.R.A. (N.S.) 1173. 
 
 Right of receiver of insurance company to 
 fund deposited with state official to 
 secure performance of contract. 46 
 L.R.A.(N.S.) 187. 
 
 May one be a "purchaser" for a valuable 
 consideration where nothing capable of 
 money measurement is given. 4 B. R. 
 C. 782. 
 
 Property covered by power of appointment 
 as assets of donee's estate. L.R.A, 
 1918D, 346.
 
 714 
 
 INDEX TO L.R.A. NOTES. 
 
 INSOLVENCY cont'd 
 
 IV. Claims against estate. 
 
 a. In general. 
 
 5. Generally. 
 
 Against bankrupt estate, see BANKRUPTCY, 
 
 24-31. 
 Set-off in case of insolvency, see SET-OFF 
 
 AND COUNTERCLAIM, 12, 16-21. 
 
 Liability of insolvent estate for funeral ex- 
 penses. 33 L.R.A. 669. 
 
 Effect of failure to present claim against 
 estate of insolvent principal to release 
 surety. 25 L.R.A. (N.S.) 141. 
 
 Liability of administrator and his sureties 
 for debt owing by former to estate of 
 his intestate where administrator is 
 hopelessly insolvent. 61 L.R.A. 313. 
 
 Right to have trust property wrongfully 
 pledged by a trustee for his individual 
 benefit redeemed by money belonging 
 to his insolvent estate. 6 L.R.A. 
 (N.S.) 487. 
 
 Claim in insolvency, as remedy for breach 
 of agreement to assume debts on dis- 
 solution of partnership. 9 L.R.A. 
 (N.S.) 114. 
 
 Treatment of collateral held by creditor of 
 insolvent. L.R.A.1918B, 1024. 
 
 b. Priorities. 
 
 6. Generally. 
 
 In assignment for creditors, see ASSIGN- 
 MENT FOR CREDITORS, 17. 
 
 Priority of rights against bankrupt estate, 
 see BANKRUPTCY, 12. 
 
 Trust in proceeds of insolvent bank, see 
 BANKS, 41. 
 
 Following trust funds, see BANKS, 41; 
 TRUSTS, 37. 
 
 Of claims of laborers. 18 L.R.A. 305. 
 
 Priority of claims for taxes. 29 L.R.A. 
 249, 278. 
 
 Right of customer who has advanced pur- 
 chase money to broker or factor to 
 preference in case of insolvency prior 
 
 to the making of a purchase. 
 L.R.A.(N.S.) 95. 
 
 42 
 
 7. Of claim of United States. 
 
 Upon what based. 29 L.R.A. 227 ; 1 L.R.A. 
 
 (X.S.) 255. 
 Constitutionality of provisions for. 29 
 
 L.R.A. 228. 
 Superiority over state laws. 29 L.R.A. 
 
 228. 
 
 Construction and scope of. 29 L.R.A. 228. 
 When and to what it attaches. 29 L.R.A. 
 
 234. 
 
 Nature and extent. 29 L.R.A. 236. 
 Marshaling assets. 29 L.R.A. 238. 
 Liability of assignee or representative. 29 
 
 L.R.A. 239. 
 Subrogation of sureties. 29 L.R.A. 240. 
 
 What amounts to a devestiture of the right. 
 
 29 L.R.A. 241. 
 
 How asserted. 29 L.R.A. 242. 
 Begin with this book on every law question. 
 
 INSOLVENCY, IV. b cont'd 
 
 Common-law priority of United States in 
 payment from assets of debtor. 46 
 L.R.A. (N.S.) 260; L.R.A.1918A, 398. 
 
 8. Of claim of state. 
 
 In general. 29 L.R.A. 243: 1 L.R.A. (N.S.) 
 
 255; 46 L.R.A. (N.S.) 260. 
 Upon what based. 29 L.R.A. 243. 
 Constitutionality of provision for. 29 
 
 L.R.A. 244. 
 
 Nature and extent. 29 L.R.A. 245. 
 To what indebtedness it applies. 29 L.R.A. 
 
 246. 
 Subrogation of surety making payment. 29 
 
 L.R.A. 248. 
 When it attaches and how devested. 29 
 
 L.R.A. 248. 
 Common-law priority of state in payment 
 
 from assets of debtor. L.R.A. 19 18A, 
 
 398. 
 
 V. Effect. 
 
 9. Generally. 
 
 Transfer of property out of state by insol- 
 vency proceedings, and extraterritorial 
 effect of insolvency laws, see CONFLICT 
 OF LAWS, 25. 
 
 Effect of insolvency of corporation, see 
 CORPORATIONS, 136. 
 
 Interruption of limitations by assignment 
 in, see LIMITATION OF ACTIONS, 61. 
 
 Effect on right of set-off, see SET-OFF AND 
 COUNTERCLAIM, 16-21. 
 
 Transfer of trademark by, see TRADEMARK, 
 5- 
 
 Effect of insolvency of debtor on accord and 
 satisfaction by part payment. 20 
 L.R.A. 808; 11 L.R.A. (N.S.) 1024; 
 L.R.A.1917A, 722. 
 
 As affecting right to assumption of debts 
 on dissolution of partnership. 9 
 L.R.A.(N.S.) 56; 48 L.R.A. (N.S.) 548 
 
 Insolvency as excuse for not exhausting 
 remedies at law before bringing credit- 
 ors' bill. 23 L.R.A. (N.S.) 88, 97. 
 
 Of loan association, effect on application of 
 payments for stock on mortgage given 
 by member. 29 L.R.A. 132. 
 
 As ground for injunction against judg- 
 ment. 31 L.R.A. 766. 
 
 Effect of insolvency assignment to inter- 
 rupt limitations. 26 L.R.A. 737. 
 
 Provisions in lease accelerating maturity 
 of future rents and giving lessor right 
 to take possession upon insolvency of 
 lessee as alternative or concurrent. 
 L.R.A.1916B, 1101. 
 
 Effect of insolvency of defendant on right 
 to injunction against trespass to cut 
 timber. 43 L.R.A. (N.S.) 266; L.R.A. 
 1917C, 237. 
 
 Effect of insolvency of defendant on right 
 to specific performance of contract in 
 relation to personal property. L.R.A. 
 1918E, 611. 
 
 Withdrawals from building and loan as- 
 sociations as affected by insolvency or 
 winding up of business. 49 L.R.A. 
 (N.S.) 1142. 
 
 Effect of insolvency of parties on right 
 of obligee to be subrogated to security 
 held by surety. L.R.A.1916C, 1075.
 
 INDEX TO L.R.A. NOTES. 
 
 715 
 
 INSOLVENCY, V. cont'd 
 10. Of principal debtor. 
 
 Insolvency of principal debtor as excuse for 
 failure to give guarantor notice of de- 
 fault. 20 L.R.A. 264. 
 
 Effect of principal's insolvency on surety's 
 right to intervene in action against 
 principal or vice versa. 68 L.R.A. 741. 
 
 11. Of insurer or reinsured. 
 
 Liability of reinsurer in case of insolvency 
 of original insurer. 44 L.R.A. (N.S.) 
 317. 
 
 Extent of reinsurer's liability as affected by 
 insolvency of reinsured. 8 L.R.A. 
 (N.S.) 858. 
 
 Right to return of premiums on adjudica- 
 tion of insolvency of insurer. 19 
 L.R.A.(N.S.) 639. 
 
 12. Of vendor. 
 
 Insolvency of vendor as ground for injunc- 
 tion against judgment for purchase 
 money. 31 L.R.A. 748. 
 
 Effect of vendor's insolvency on right to 
 injunction against collection of pur- 
 chase money, where title to land is de- 
 fective. 7 L.R.A. (N.S.) 451. 
 
 13. Of purchaser. 
 
 Rescission of sale for insolvency of pur- 
 chaser. 2 L.R.A. 153.* 
 
 14. Of decedent's estate or personal 
 representative. 
 
 As affecting allowance for funeral ex- 
 penses. 28 L.R.A. (N.S.) 575. 
 
 To whom notice of protest or nonpayment 
 should be given after appointment of 
 representative of insolvent. 61 L.R.A. 
 900. 
 
 Effect of insolvency of personal representa- 
 tive in liability of estate to attorney 
 employed by him. 25 L.R.A. (N.S.) 74. 
 
 15. Of party to commercial paper. 
 
 Effect of insolvency of prior parties to put 
 purchaser on inquiry. L.R.A. 19 18F, 
 1155. 
 
 Effect of insolvency of party negotiating 
 paper to put purchaser on inquiry. 29 
 L.R.A.(N.S.) 372. 
 
 To whom notice of protest and nonpayment 
 should be given after appointment of 
 representative of insolvent. 61 L.R.A. 
 900. 
 
 Of maker of note as excuse for delay in en- 
 forcing liability so as to prevent re- 
 lease of indorser. 18 L.R.A. (X.S.) 
 555. 
 
 Effect of insolvency of accommodated party 
 on right of accommodation party who 
 has been obliged to pay bill or note to 
 recover the amount thereof. 37 L.R.A. 
 (X.S.) 786. 
 
 Known insolvency of maker at time of in- 
 dorsement as excusing presentment and 
 notice of nonpavment. 33 L.R.A. 
 (X.S.) 640. 
 
 As excuse for lack of demand or notice of 
 dishonor of paper held as collateral or 
 conditional payment. 68 L.R.A. 490. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSOLVENCY cont'd 
 
 TI. Discharge and its effect. 
 
 16. Generally. 
 
 In bankruptcy, see BANKBUPTCY, 32-36. 
 
 Right to open default judgment to let in 
 defense of. L.R.A.1916F, 857. 
 
 Binding effect of judgment refusing dis- 
 charge. 13 L.R.A. (N.S.) 629; 30 
 L.R.A. (N.S.) 1164. 
 
 Discharge of corporation as affecting 
 stockholder's liability for its debts. 
 38 L.R.A. (N.S.) 648. 
 
 Discharge in, as defense in action for debts 
 assumed on dissolution of partnership. 
 9 L.R.A.(N.S.) 112. 
 
 New promise after discharge of debtor. 53 
 L.R.A. 363. 
 
 INSPECTION. 
 
 By stockholder of property of corporation, 
 
 see CORPORATIONS, 99a. 
 In general, see DISCOVERY AND INSPECTION. 
 By insurer, of property after loss, see IN- 
 
 SUBANCE, VIII. b. 
 
 Effect of inspection or opportunity to in- 
 spect on vendee's right to rely on rep- 
 resentations by vendor as to quality or 
 condition of soil. L.R.A.1917C, 273. 
 
 INSPECTION LAWS. 
 
 Reasonableness of inspection fees. L.R.A. 
 1917D, 749. 
 
 Requiring inspection of animals as inter- 
 ference with interstate commerce. 
 26 L.R.A.(N.S.) 279; 43 L.R.A. (N.S.) 
 1066. 
 
 Validity of regulations as to fees for in- 
 spection of milk. L.R.A.1917C, 256. 
 
 Requiring inspection of dairy herd of per- 
 sons selling milk. L.R.A.1917C, 253. 
 
 INSPECTORS. 
 
 Car inspectors, see CAB INSPECTORS. 
 Track inspectors, see TBACK INSPECTORS. 
 
 Right of woman to be. 38 L.R.A. 212. 
 Duty and liability to inspectors who enter 
 
 premises in performance of their duty. 
 
 31 L.R.A.(N.S.) 380. 
 Authority of inspector on street railway to 
 
 contract for services of other persons. 
 
 L.R.A.1918F, 66. 
 
 INSTALLATION. 
 
 See ELECTBICITY. 
 
 INSTALMENT BONDS. 
 
 See INSTALMENTS, 4.
 
 716 
 
 INDEX TO L.R.A. NOTES. 
 
 INSTALMENT NOTES. 
 
 See INSTALMENTS, 5. 
 
 INSTALMENTS. 
 
 1. Generally. 
 
 Foreclosure of mortgage on default in pay- 
 ment of, see MORTGAGE, 65. 
 
 Action to recover instalments of alimony 
 under decree rendered in another state. 
 9 L.R.A.(N.S.) 1168; 28 L.R.A.(N.S.) 
 1068. 
 
 2. Delivery In, of articles sold. 
 
 Acceptance of portion as affecting right to 
 rescind contract for failure to deliver 
 whole. 21 L.R.A.(N.S.) 864. 
 
 Eight of purchaser of goods deliverable in 
 instalments to rescind the contract or 
 refuse further deliveries for breach as 
 to quality. 38 L.R.A.(N.S.) 539. 
 
 Time for delivery of goods sold to be de- 
 livered in reasonable instalments, or in 
 instalments as required by purchaser. 
 L.R.A.1918A, 609. 
 
 3. Of purchase or contract price. 
 
 One selling on instalment plan as peddler 
 within statutory or municipal regula- 
 tions. L.R.A.1916B, 1303. 
 
 Rescission of sale for failure to pay for in- 
 stalment as delivered. 32 L.R.A.(N.S.) 
 1. 
 
 Provision for payment of instalments of 
 price of article during construction as 
 indicating intent to pass title. 2 B. 
 R. C. 646. 
 
 Delay in paying instalments as excusing 
 building contractor's delay in com- 
 pleting contract. 35 L.R.A.(N.S.) 
 1223. 
 
 Terminations of contract of employment by 
 death of servant during term stipu- 
 lated by contract providing for re- 
 muneration in instalments. 21 L.R.A. 
 (N.S.) 929. 
 
 When municipal indebtedness payable in 
 instalments arises. 37 L.R.A. (N.S.) 
 1063; L.R.A.1917E, 441. 
 
 Buyer's right to maintain separate action 
 for delivery of each instalment under 
 entire contract. 3 L.R.A. (N.S.) 1082. 
 
 Effect of setting up defects as counterclaim 
 in action to recover instalment of pur- 
 chase price on right to set up like 
 counterclaim in subsequent action. 10 
 L.R.A. (N.S.) 734. 
 
 Right of seller to recover contract price or 
 value of articles delivered while refus- 
 ing further deliveries for purchaser's 
 failure to pay. 43 L.R.A.(N.S.) 1009 
 
 INSTALMENTS cont'd 
 5. Instalment notes. 
 
 Holders of, as parties to proceedings to en- 
 force mortgage for part of debt. 37 
 . L.R.A. 742. 
 
 Effect of setting up defects in article pur- 
 chased as counterclaim in action on 
 one of a series of notes given for, or 
 for an instalment of, the purchase 
 price, on right to set up a like counter- 
 claim in subsequent actions. 10 L.R.A. 
 (N.S.) 734. 
 
 Effect on negotiability of bill or note of 
 provision accelerating maturity for 
 failure to pay instalment. 35 L.R.A. 
 (N.S.) 391; L.R.A.1915B, 472. 
 
 IN STATU QUO. 
 
 Placing party in as condition of rescission 
 of contract, see CONTRACTS, 150. 
 
 INSTIGATION. 
 
 To commit crime, see CRIMINAL LAW, 19; 
 ROBBERY, 2. 
 
 As 
 
 INSTRUCTION. 
 
 a necessary for an infant. 42 L.R.A. 
 (N.S.) 1115. 
 
 INSTRUCTIONS. 
 
 On 
 
 trial, see APPEAL AND ERROR, 36; 
 TRIAL, 60-68. 
 
 Master's duty to instruct servant, see 
 MASTER AND SERVANT, 72-78, 165. 
 
 Instruction by correspondence as interstate 
 commerce. 27 L.R.A.(N.S.) 493. 
 
 Improper influence or interference with 
 grand jury by. 28 L.R.A. 367. 
 
 INSTRUMENTS. 
 
 Negotiable instruments, see BILLS AND 
 NOTES; CHECKS. 
 
 Order for physical examination requiring 
 
 use of, as abuse 
 L.R.A. (N.S.) 665. 
 
 of discretion. 15 
 
 INSUBORDINATION. 
 
 As ground for discharge of one employed in 
 executive or supervisory capacity. 
 L.R.A.1918C, 1038. 
 
 4. Instalment bonds. Prosecutions under the Espionage Act oi 
 
 Form of judgment on instalment bonds. 62 June 15. 1917, for attempting to cause. 
 
 L.R.A. 428, 439. L.R.A.1918F, 410. 
 
 Begin witJi tJiis bonk on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 717 
 
 INSUFFICIENCY OF FUNDS. 
 
 As relieving municipality from liability for 
 injury from defects in streets. 20 
 L.R.A.(N.S.) 529. 
 
 INSULATION. 
 
 Duty to insulate electric wires over high- 
 way. 22 L.R.A.(N.S.) 1171; 1 B. R. 
 C. 799. 
 
 INSULT. 
 
 As provocation for homicide, see HOMICIDE, 
 24. 
 
 Breach of peace by use of insulting lan- 
 guage. L.R.A.1918F, 941. 
 
 Insulting passenger by suggesting that he 
 belongs in colored compartment as an 
 actionable wrong. 32 L.R.A. (N.S.) 
 206. 
 
 To court because of decision after determi- 
 nation of ease as contempt or ground 
 for disbarment. 17 L.R.A. (N.S.) 585. 
 
 Amount of damages that may be awarded 
 for insulting language. 44 L.R.A. 
 (N.S.) 1139. 
 
 INSURABLE INTEREST. 
 
 See INSURANCE, IV. 
 
 INSURANCE. 
 
 7. In general, 1-4. 
 II. Companies and associations; 
 rights and liabilities of 
 members generally, 5- 
 16. 
 
 a. In general, 5. 
 ft. Foreign companies, 6-8. 
 
 c. Insolvency and dissolution, 
 
 9, 10. 
 
 d. Various particular Tcinds of 
 
 companies and associations, 
 11-14. 
 
 e. Rights, powers, and liabili- 
 
 ties of members generally, 
 15, 16. 
 III. Agents, officers, and brokers, 
 
 17-23. 
 IV. Insurable interest; ^vho may be 
 
 beneficiaries, 2435. 
 a. In property, 24-26. 
 ft. JM life, 27-35. 
 V. The policy or contract; constitu- 
 tion and by-laivs, 36- 
 119. 
 
 a. In general, 36-4O. 
 
 b. Application generally, 41. 
 
 c. Validity generally, 42-45. 
 
 d. Constitution, rules, and by- 
 
 laws, 46, 47. 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, V cont'd 
 
 e. Reformation; rescission; 
 
 cancelation; surrender, 
 48-54. 
 
 f. Paid up insurance; surren- 
 
 der value; extended insur- 
 ance; options; endowment 
 policies, 55-58a. 
 
 g. Construction, 59-62. 
 
 h. Warranties; representations; 
 conditions; incontesta- 
 biliti/, 63-1O3. 
 J. In policies on property, 
 63-89. 
 
 (a) In general, 63- 
 
 65. 
 
 (b) Title; ownership; 
 
 encumbrances, 
 66-73. 
 
 (c) Use, care, and 
 
 condition of prop- 
 erty, 74-78. 
 
 (d) Iron-safe clause, 
 
 79. 
 
 (e) Other insurance; 
 
 previous applica- 
 tion, SO. 
 
 (f) Breach by tenant 
 
 or mortgagor, 
 81, 82. 
 
 (g) Increase of rtsfc 
 
 generally, 83. 
 (h) Temporary change 
 of conditions, 
 84-89. 
 
 2. In life or accident poli- 
 cies, 9O-1O3. 
 
 (a) In general, 
 
 90-92. 
 
 (b) Health, habits, 
 
 and occupation, 
 93-98. 
 
 (c) Previous rejec- 
 
 tion; other insur- 
 ance, 99-1O1. 
 
 (d) Increase of risk 
 generally, 1O2. 
 
 (e) Incontestability, 
 
 1O3. 
 
 I. Termination generally; sus- 
 pension, 1O4, 1O5. 
 j. Forfeiture, 1O6-1OS. 
 fc. Reinstatement, 1O9. 
 I. Premiums; assessments; 
 
 rates, 11O-119. 
 
 1. In general, 11O, 111. 
 
 2. Payment of, 112- 
 
 115. 
 
 3. Return of; recovery 
 
 bach, 116-118. 
 
 4. Rates, 119. 
 
 VI. Transfer of policy or interest 
 
 therein, 12O-129. 
 a. Assignment generally, 
 
 12O-126. 
 ft. Change of beneficiary, 
 
 127-129. 
 
 VII. Estoppel; waiver, 13O-144. 
 a. Of insured, ISO, 131. 
 ft. Of insurer, 132-144. 
 
 1. In general, 132-14O.
 
 718 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, VII. b cont'd 
 
 2. By agent or officer, 
 
 141-143. 
 
 3. Parol evidence rule, 
 
 144. 
 VIII. The loss and its adjustment; 
 
 remedies, 145-2O8. 
 a. Notice and proofs of loss or 
 
 death, 145-15O. 
 6. Submission to arbitration; 
 adjustment of loss, apprai- 
 sal, 151-152b. 
 
 c. RisJcs and causes of loss, in- 
 
 jury, or death, 153- 
 171. 
 
 1. Under policies covering 
 property, 153-158. 
 8. Under life, accident, or 
 health policies, 
 159-171. 
 . (a) In general, 
 
 159-169. 
 
 (l>) Suicide, 17 O, 
 171. 
 
 d. Extent of injury, loss or re- 
 
 covery ; release, 
 172-181. 
 
 1. Insurance on property, 
 
 172-176. 
 
 2. Insurance on persons, 
 
 177-181. 
 
 e. Interest in proceeds, 182- 
 
 194. 
 
 1. Of insurance on prop- 
 
 erty, 182-185.' 
 
 2. Of insurance on persons, 
 \ 186-194. 
 
 /. Subrogation; set-off, 195- 
 198. 
 
 g. Contribution; prorating; ap- 
 portionment, 199, 2OO. 
 
 h. Remedies; actions, 2O1- 
 2O8. 
 
 1. In general, 2O1-2O6. 
 
 2. Contractual limitation 
 
 of time, 207, 2O8. 
 IX. Reinsurance, 2O9, 21O. 
 X. Gtiaranty policies, 211-219. 
 XI. Burglary and theft insurance, 
 
 220. 
 
 XII. Automobile insurance, 221. 
 XIII. Animal insurance, 222. 
 XIV. Insiirance against loss of profits, 
 223. 
 
 I. In general. 
 
 1. Generally. 
 
 Arson of insured property, see ARSON, 3. 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 8. 
 Constitutionality of statutes regulating, see 
 
 CONSTITUTIONAL LAW, 107. 
 Custom and usage in insurance cases, see 
 
 CUSTOM AND USAGE, 12. 
 Measure of damages for breach of insurance 
 
 contract, see DAMAGES, 23. 
 Death of insured persons generally, see 
 
 DEATH, 2. 
 
 INSURANCE, I. cont'd 
 
 On fireworks, see FIREWORKS, 1. 
 
 Guardian's power in insurance matters, see 
 
 GUARDIAN AND WARD, 8. 
 Sickness of insured, see SICKNESS, 8. 
 Time in relation to insurance matters, &ee 
 
 TIME, 4. 
 
 Employer's contribution to insurance against 
 injuries to employee as affecting or af- 
 fected by recovery against him for per- 
 sonal injuries. L.R.A.1917B, 1160. 
 
 Provision exempting carrier from liability 
 for risk capable of being covered by in- 
 surance as extending to loss caused by 
 negligence. 6 B. R. C. 125. 
 
 Situs of insurance for purposes of adminis- 
 tration. 24 L.R.A. 687. 
 
 Equitable relief against forfeiture of estate 
 far breach of collateral covenant to 
 insure. 69 L.R.A. 856. 
 
 Conclusiveness of determination by tribu- 
 nals of association. 49 L.R.A. 363, 372. 
 
 Validity of restrictive agreement ancillary 
 to sale of insurance agency. L.R.A. 
 1916C, 631. 
 
 Life insurance as assets of bankrupt. 46 
 L.R.A. (N.S.) 148. 
 
 Treatment of, as part of overhead charges 
 in public service property valuations. 
 48L.R.A.(N.S.) 1051. 
 
 What constitutes insurance. 47 L.R.A. 
 (N.S.) 290. 
 
 Agreement as to insurance as a test to de- 
 termine when title passes under a con- 
 tract of sale. L.R.A.1918B, 823. 
 
 Effect of insurance of property, or pro- 
 visions relative thereto, on passing of 
 title under contract for sale of goods 
 to be produced or manufactured. 50 
 L.R.A. (N.S.) 140. 
 
 Liability of bailee under special terms of 
 contract to insure subject of bailment. 
 L.R.A.1915B, 302. 
 
 2. Subjects of insurance. 
 
 Various particular kinds of insurance com- 
 panies and associations, see infra, 
 11-14. 
 
 Various kinds of guaranty insurance, see 
 infra, 211-219. 
 
 Burglary insurance, see infra, XI. 
 
 Automobile insurance, see infra, XII. 
 
 Animal insurance, see infra, XIII. 
 
 Of bicycles. 47 L.R.A. 307. 
 
 Fire insurance as a business affected by a 
 public interest. 29 L.R.A.(N.S.) 1195; 
 L.R.A.1915C, 1189. 
 
 Validity of insurance of intoxicating li- 
 quors, as affected bv liquor laws. 31 
 L.R.A.(N.S.) 874. 
 
 3. compulsory industrial insur- 
 ance. 
 
 See WORKMEN'S COMPENSATION. 
 
 4. Taxation. 
 
 Taxation of corporations generally, see 
 TAXES, 11, 33-39, 45, 46, 67. 
 
 Effect of death of insured, see DEATH, 19. | 
 
 Demand in insurance matters, see DEMAND, i State tax on insurance premiums. 57 L.R.A. 
 
 4. 69. 
 
 Begin ivith this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 719 
 
 INSURANCE, I. cont'd 
 
 Validity of law imposing tax on insurance 
 
 companies for benefit of firemen. 13 
 
 L.R.A. (N.S.) 1147. 
 Deposit by insurance company as subject 
 
 of tax'ation. 36 L.R.A. (N.S.) 226. 
 Liability of insurance policy issued by a 
 
 domestic corporation upon the life of a 
 
 nonresident to a local transfer tax. 10 
 
 L.R.A.(N.S.) 1089. 
 
 II. Companies and associations; rights 
 and liabilities of members generally. 
 
 a. In general. 
 
 5. Generally. 
 
 Legality of combination among insurance 
 underwriters, see MONOPOLY AND COM- 
 BINATIONS, 11. 
 
 What constitutes doing an insurance busi- 
 ness. 47 L.R.A.(N.S.) 290. 
 
 Liability of insurance company on contracts 
 of another company which it has ab- 
 sorbed or attempted to absorb. 36 
 L.R.A.(N.S.) 597. 
 
 b. Foreign companies. 
 
 6. Generally. 
 
 Conflict of laws as to insurance generally, 
 
 see CONFLICT OF LAWS, 8. 
 As to foreign corporations generally, see 
 
 CORPORATIONS, XI. 
 
 Law governing contract of insurance made 
 by. 63 L.R.A. 850. 
 
 Laws of state of incorporation as limita- 
 tion upon powers of insurance company. 
 63 L.R.A. 853; 52 L.R.A. (N.S.) 278. 
 
 Insurance contract made by mail by unau- 
 thorized foreign company. 24 L.R.A. 
 296. 
 
 Exclusion of foreign companies as affecting 
 commerce. 24 L.R.A. 312. 
 
 Revocation of license of foreign company 
 on account of removal of action to Fed- 
 eral court. 1 L.R.A. (N.S.) 1019. 
 
 Effect of location of insured property with- 
 in the state to prevent an action by a 
 foreign insurance company on contract 
 made in another state. 9 L.R.A. (N.S.) 
 417. 
 
 Right of burglary and theft insurance com- 
 panies to do business in foreign states. 
 46 L.R.A.(N.S.) 563. 
 
 Laws or judgments of courts of state in 
 which insurance company is incorpo- 
 rated as binding in other states. 
 L.R.A.1916A, 770. 
 
 Failure to comply with conditions of doing 
 business in the state as defense to ac- 
 tion by company against officer or 
 agent. L.R.A. 1916A, 648. 
 
 Service of process on insurance commission- 
 er. 23 L.R.A. 499. 
 
 State tax on premiums of. 57 L.R.A. 71. 
 
 7. Restrictions on business of. 
 
 As to assets. 24 L.R.A. 298. 
 
 License taxes. 24 L.R.A. 299. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, II. b cont'd 
 
 Charges for fire department or firemen's 
 
 fund. 24 L.R.A. 299. 
 Certificates. 24 L.R.A. 300. 
 Other requirements. 24 L.R.A. 301. 
 Other "states." 24 L.R.A. 301. 
 What companies within the statute. 24 
 
 L.R.A. 302. 
 
 Violation of statute. 24 L.R.A. 303. 
 Retaliatory statutes. 24 L.R.A. 303. 
 
 8. Effect on insurance of noncom- 
 pliance with statutory require- 
 ments. 
 
 As to recovery on the policy. 20 L.R.A. 
 405. 
 
 As to agent's liability. 20 L.R.A. 407. 
 
 Suits on premium notes. 20 L.R.A. 407. 
 
 As to the effect of place of contract on 
 premium notes. 20 L.R.A. 409. 
 
 As to criminal prosecutions. 20 L.R.A. 409. 
 
 Generally, as to suits against foreign com- 
 panies. 20 L.R.A. 409. 
 
 c. Insolvency and dissolution. 
 
 9. Generally. 
 
 Losses occurring after insolvency of insurer. 
 L.R.A.1917E, 1141. 
 
 Liability of funds held by mutual benefit 
 societies to the claims of their credi- 
 tors. 6 L.R.A.(N.S.) 235. 
 
 Right to return of premiums on adjudica- 
 tion of insolvencv of insurance com- 
 pany. 19 L.R.A.TN.S.) 639. 
 
 Distribution of surplus upon dissolution of 
 mutual insurance company. 3 L.R.A. 
 (N.S.) 653. 
 
 Right of receiver of insurance company to 
 funds deposited with state official to 
 secure performance of contracts. 46 
 L.R.A.(N.S.) 187. 
 
 10. Distribution of assets of insol- 
 vent insurance company. 
 
 Who is to distribute. 38 L.R.A. 97. 
 Valuation and adjustment of claims. 38 
 
 L.R.A. 100. 
 
 Priorities. 38 L.R.A. 103. 
 Special funds. 38 L.R.A. 108. 
 Contract rights. 38 L.R.A. 110. 
 Surplus assets. 38 L.R.A. 110. 
 
 d. Various particular Kinds of com- 
 panies and associations. 
 
 11. Lloyds associations. 
 
 Restrictions on insurance by unincorporated 
 associations or individuals; Lloyds as- 
 sociations. 25 L.R.A. 238. 
 
 12. Assessment companies. 
 
 Right of assessment company to change plan 
 
 or class of policies. 1 L.R.A. (N.S.) 
 
 623. 
 Right to decrease benefits. 31 L.R.A. (N.S.) 
 
 423; L.R.A.1917C, 626. 
 Right to increase rates. 31 L.R.A. (N.S.) 
 
 417; L.R.A.1916A, 762.
 
 720 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, II. d cont'd 
 
 13. Fire insurance patrol. 
 
 Liability of, for injuries. 21 L.R.A. (N.S.) 
 810. 
 
 14. Is a benefit association an insur- 
 ance company. 
 
 As to benevolent societies generally, see BE- 
 NEVOLENT SOCIETIES. 
 
 Where the question is as to "other insur- 
 ance." 38 L.R.A. 33. 
 
 Where the construction of the certificate is 
 in question. 38 L.R.A. 34. 
 
 Where compliance with state insurance law 
 is required before doing business. 38 
 L.R.A. 40. 
 
 Where the question is in regard to juris- 
 diction. 38 L.R.A. 47. 
 
 Under statutes exempting benevolent socie- 
 ties. 38 L.R.A. 49. 
 
 Where the question is not discussed. 38 
 L.R.A. 53. 
 
 Some definitions. 38 L.R.A. 54. 
 
 e. Rights, powers, and liabilities of 
 members generally. 
 
 15. Rights and powers of members. 
 
 Right of policy holder to inspect books of 
 
 insurance company. 11 L.R.A. (N.S. ) 
 
 1089. 
 Liability of officers of a mutual company to 
 
 members for permitting diversion of 
 
 funds. 2 L.R.A. (N.S.) 165. 
 
 16. Liability of members of mutual 
 insurance company. 
 
 In general. 32 L.R.A. 481. 
 
 Who are members. 32 L.R.A. 482. 
 
 Notes of members. 32 L.R.A. 483. 
 
 Altered charter, by-law, or contract of mem- 
 bership. 32 L.R.A. 486. 
 
 For what losses or obligations liable. 32 
 L.R.A. 487. 
 
 Defenses^ against contract. 32 L.R.A. 490. 
 
 Termination of liability. 32 L.R.A. 492. 
 
 Liability of guaranty members. 32 L.R.A. 
 496. 
 
 Assessments. 32 L.R.A. 496. 
 
 Jurisdiction of equity to enforce liability of 
 member of mutual insurance company. 
 40 L.R.A. (N.S.) 781. 
 
 III. Agents, officers, and brokers. 
 
 17. Generally. 
 
 Waiver or estoppel by, see infra, 141- 
 143. 
 
 Effect of agent's failure to procure license. 
 1 L.R.A.(N.S.) 1159. 
 
 Effect of legislation limiting cost of new 
 insurance on existing contracts with 
 agents. 19 L.R.A. (N.S.) 946. 
 
 17a. When agent is agent of assured. 
 
 As to filling in of application. 20 L.R.A. 
 
 279. 
 
 As to notice of cancelation. 20 L.R.A. 283. 
 As to waiver of conditions in policy. 20 
 
 L.R.A. 285. 
 
 As to payment of premium. 20 L.R.A. 286. 
 Duty to read the policy. 20 L.R.A. 286. 
 
 INSURANCE, III. cont'd 
 18. Insurance broker as agent for 
 insured. 
 
 Generally. 38 L.R.A. (N.S.) 614. 
 Payment of premium. 38 L.R.A. (N.S.) 616. 
 Cancelation of policy. 38 L.R.A. (N.S.) 623. 
 Alteration, and changing policy. 38 L.R.A. 
 
 (N.S.) 630. 
 
 Liability of broker. 38 L.R.A. (N.S.) 631. 
 Brokers' knowledge. 38 L.R.A. (N.S.) 634. 
 Conflict of laws. 38 L.R.A. (N.S.) 640. 
 Set-off. 38 L.R.A.(N.S.) 641. 
 Lien. 38 L.R.A. (N.S.) 643. 
 
 18a. Medical examiner as agent of 
 insurer or of insured. 
 
 General rule. 41 L.R.A. (N.S.) 506. 
 
 Estoppel where examiner writes false an- 
 swers not given by insured. 41 L.R.A. 
 (N.S.) 507. 
 
 Estoppel by examiner's interpretation or 
 opinion. 41 L.R.A. (N.S.) 509. 
 
 Estoppel by medical examiner's personal 
 knowledge. 41 L.R.A. (N.S.) 510. 
 
 Estoppel by medical examiner's knowledge 
 of facts in application as distinguished 
 from medical report. 41 L.R.A. (N.S.) 
 511. 
 
 Estoppel by acts of special examiner. 41 
 L.R.A.(N.S-) 512. 
 
 Validity and effect of provision that ex- 
 aminer shall be agent of insured. 41 
 L.R.A.(N.S.) 513. 
 
 Cases decided under Iowa statute. 41 
 L.R.A.(N.S.) 513. 
 
 Ratification of examiner's acts. 41 L.R.A. 
 (N.S.) 514. 
 
 Miscellaneous. 41 L.R.A. (N.S.) 515. 
 
 19. Powers of. 
 
 As to waiver or estoppel by, see infra, 
 141-143. 
 
 Authority of general insurance agent to em- 
 ploy subagent. L.R.A.1918F, 726. 
 
 Authority of insurance agent to contract 
 for services of persons other than sub- 
 agents. L.R.A.1918F, 15. 
 
 Presumption as to powers of agent in case 
 of oral contract of insurance. 22 L.R.A. 
 773. 
 
 Conflict of laws as to local agent's authority 
 to accept application. 63 L.R.A. 836. 
 
 Power of insurance agent to bind insurance 
 company by insuring property in which 
 he is interested personally or as agent, 
 the company having no notice of such 
 interest. 9 L.R.A.(N.S.) 1084; 49 
 L.R.A.(N.S.) 972. 
 
 Power of insurance agent to bind insured 
 by transferring risk from one company 
 to another. 51 L.R.A. (N.S.) 539. 
 
 Authority of agent to agree to renew policy 
 in future. L.R.A.1916C, 784. 
 
 Power to accept cancelation of his own in- 
 
 debtedness in payment 
 L.R.A.1915A, 686. 
 
 of premium. 
 
 Begin \vith this ftoofc on every law question. 
 
 20. Inputing knowledge of, to com- 
 pany. 
 
 Effect of notice to subagent. 21 L.R.A. 342.
 
 INDEX TO L.R.A. NOTES. 
 
 721 
 
 INSURANCE, III. cont'd 
 21. Compensation of. 
 
 Income tax on commissions on renewal 
 premiums. L.R.A.1918A, 501. 
 
 Set-off of claims by and against insurance 
 broker in case of bankruptcy. 55 
 L.R.A. 45, 61. 
 
 Applicability of statute against rebates and 
 discrimination to allowance by agent to 
 insured of part of former's commissions. 
 23 L.R.A.(N.S.) 722. 
 
 Assignability of insurance agent's right to 
 commissions on renewal premiums. 18 
 L.R.A. (N.S.) 193. 
 
 Termination of agency as affecting insur- 
 ance agent's right to commissions on 
 renewals. 35 L.R.A. (N.S.) 153. 
 
 Retention of policy as waiver of mistake or 
 fraud of insurer or its agent as to sup- 
 plemental contract for allowance of 
 commissions. 38 L.R.A. (N.S.) 790. 
 
 22. Liability of. 
 
 Failure of foreign corporation to comply 
 with conditions of doing business in 
 the state as a defense to action on 
 agent's note for uncollected premiums. 
 L.R.A.1916A, 648. 
 
 Liability of agent where statutes regulat- 
 ing business of foreign insurance com- 
 panies have not been complied with. 
 20 L.R.A. 407. 
 
 Liability of insurance agent to company for 
 failure to follow instructions. 22 
 L.R.A. (N.S.) 509; L.R.A.1915A, 860. 
 
 Liability of officers of mutual company to 
 members for permitting diversion of 
 funds. 2 L.R.A.(N.S.) 165. 
 
 Liability of insurance broker as agent for 
 insured. 38 L.R.A. (N.S.) 631. 
 
 23. Termination of agency. 
 
 Termination of agency as affecting insur- 
 ance agent's right to commissions on re- 
 newals. 35 L.R.A. (N.S.) 153. 
 
 IV. Insurable interest. 
 a. In property. 
 
 24. Generally. 
 
 Insurable interest in animals. 44 L.R.A. 
 
 (N.S.) 569. 
 Insurable interest in crops. L.R.A.1917A, 
 
 485. 
 Right to recover premiums paid on policy 
 
 which is invalid for want of insurable 
 
 interest. 3 B. R. C. 830. 
 Mortgage as terminating. 38 L.R.A. 562. 
 In unfinished building during its construc- 
 tion by a contractor. 43 L.R.A. 664. 
 Of sole and absolute owner of building and 
 
 land not belonging to him. 38 L.R.A. 
 
 i N.S.) 429. 
 Insurable interest of one secondarily liable 
 
 on an obligation, in property primarily 
 
 charged with the same. 9 L.R.A. (N.S.) 
 
 490. 
 Insurable interest of holder of option on 
 
 property. L.R.A.1918A, 393. 
 Insurable interest of. tenant in leased prop- 
 ertv. 42 L.R.A. (N.S.) 135. 
 
 Consult also L.R.A. Digests of Cases. 46 
 
 INSURANCE, IV. a cont'd 
 
 Insurable interest of one insured against 
 
 loss of profits from marine adventure. 
 
 L.R.A.1917C, 730. 
 Insurable interest of wife in husband's 
 
 property. L.R.A.1918A, 793. 
 Illegality of policy of marine insurance fer 
 
 lack of insurable interest as affecting 
 
 right to recover back premiums paid. 
 
 L.R.A.1917A, 477. 
 
 25. Of husband in wife's property, 
 or that in which she is interested. 
 
 Husband without insurable interest unless 
 
 he has beneficial interest. 45 L.R.A. 
 
 (N.S.) 1132. 
 Insurable interest of husband where he has 
 
 beneficial interest. 45 L.R.A. (N.S.) 
 
 1133. 
 
 As agent. 66 L.R.A. 658. 
 As guardian. 66 L.R.A. 659. 
 As trustee. 66 L.R.A. 659. 
 As tenant by the curtesy. 66 L.R.A. 659. 
 As tenant by the entirety. 66 L.R.A. 660. 
 In wife's personalty. 66 L.R.A. 660. 
 In homestead. 66 L.R.A. 660. 
 In community property. 66 L.R.A. 661. 
 Arising from right to use and profits. 66 
 
 L.R.A. 661. 
 Arising from equitable interest. 66 L.R.A. 
 
 661. 
 Mutual insurance company. 66 L.R.A. 662. 
 
 26. When, must exist under fire 
 policies. 
 
 Interest at the time of the policv. 52 
 
 L.R.A. 330. 
 Interest at time of policy and at time of 
 
 loss. 52 L.R.A. 332. 
 Interest at time of loss. 52 L.R.A. 336. 
 Policies on fluctuating property. 52 L.R.A. 
 340. 
 
 T>. In life. 
 
 27. Generally. 
 
 Right to recover premiums paid on policy 
 which is invalid for want of insurable 
 interest. 3 B. R. C. 839; L.R.A.1917A, 
 477. 
 
 Conflict of laws as to. 63 L.R.A. 856; 23 
 L.R.A.(N.S.) 976; 52 L.R.A. (N.S.) 279. 
 
 Who is a member of the "family" within 
 contract of benefit society. 3 L.R.A. 
 (N.S.) 334. 
 
 Insurable interest in life of foster child or 
 foster parent. 46 L.R.A.(N.S.) 779. 
 
 Insurance on life in favor of paramour. 47 
 L.R.A.(N.S.) 252. 
 
 Insurance on life of officer of corporation for 
 benefit of the corporations. 16 L.R.A. 
 (N.S.) 1020; L.R.A.1915F, 979. 
 
 Right of holder of benefit certificate to 
 designate as beneficiary one not within 
 the classes prescribed by law or rules 
 of the association where such designa- 
 tion is upon a consideration moving 
 from the appointee to the holder. 25 
 L.R.A.(N.S.) 814.
 
 722 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, IV. b cont'd 
 28. Of creditor. 
 
 Validity of life insurance to secure debt 
 
 to insurer, see infra, 45. 
 Ri^ht of creditor to proceeds of insurance, 
 
 see infra, 192. 
 
 29. Of husband. 
 
 Insurable interest of husband, as such, in 
 life of wife. 2 B. R. C. 410. 
 
 30. Of betrothed wife. 
 
 Right to insure life of betrothed husband. 
 53 L.R.A. 825. 
 
 Validity of life insurance for benefit of. 
 19 L.R.A. 187. 
 
 As a "dependent" within restrictions of 
 beneficiaries of mutual benefit associa- 
 tions, 2 L.R.A. (N.S.) 654; 36 L.R.A. 
 (N.S.) 208; 51 L.R.A. (N.S.) 726. 
 
 31. Wife's 
 husband. 
 
 right to insure life of 
 
 The right at common law. 53 L.R.A. 817. 
 The right under statutes. 53 L.R.A. 819. 
 Promised marriage and irregular marriages. 
 
 53 L.R.A. 825. 
 Consent to use by wife of husband's funds. 
 
 53 L.R.A. 825. 
 
 32. In life of parent or child or other 
 relative by blood. 
 
 The rule that pecuniary interest is neces- 
 sary. 54 L.R.A. 225. 
 
 The rule that close relationship is suf- 
 ficient. 54 L.R.A. 228. 
 Consent of the insured. 54 L.R.A. 233. 
 Insurable interest of adult child in life of 
 
 parent. 19 L.R.A. (N.S.) 233. 
 Insurable interest of brother or sister in 
 
 other's life. 45 L.R.A.(N.S.) 982. 
 Insurable interest of cousin. 14 L.R.A. 
 (N.S.) 1172. 
 
 33. Who are dependents. 
 
 Who is a "dependent" within statute or 
 rules defining beneficiaries of mutual 
 benefit societies. 2 L.R.A. (N.S.) 653; 
 36 L.R.A. (N.S.) 208; 37 L.R.A. (N.S.) 
 1191; 51 L.R.A.(N.S.) 726. 
 
 Adopted, foster or stepchild as "dependent." 
 L.R.A.1916B, 906. 
 
 34. Right to take life insurance for 
 benefit of stranger. 
 
 Generally. 25 L.R.A. 627. 
 
 Speculative policies. 25 L.R.A. 628. 
 
 The effect of existence of insurable interest. 
 25 L.R.A. 629. 
 
 Payment of premiums. 25 L.R.A. 629. 
 
 The Texas doctrine. 25 L.R.A. 630. 
 
 Designation as beneficiary, of one without 
 insurable interest, as affected by con- 
 siderations of public policy. 16 L.R.A. 
 (N.S.) 555. 
 
 Validity of assignment by beneficiary hav- 
 ing no insurable interest to one paying 
 premiums. 3 L.R.A. (N.S.) 952. 
 
 Validity of assignment of life insurance 
 policy to one having no insurable inter- 
 est where the assignment is not made 
 by way of cover for a wager policy. 6 
 L.R.A. (N.S.) 128. 
 
 INSURANCE, IV. b confd 
 
 Defense of want of insurable interest as af- 
 fected by incontestable clause. 42 
 L.R.A. 257; 5 L.R.A. (N.S.) 747. 
 
 35. Consent of person whose life is 
 insured, as a condition. 
 
 Policies on adults' lives. 56 L.R.A. 586; 
 
 L.R.A.1918F, 574. 
 Insurance on children's lives. 56 L.R.A. 
 
 591. 
 To taking out of life insurance by relative 
 
 on one's life. 54 L.R.A. 233. 
 Of husband to wife's use of his funds to 
 
 insure his life. 53 L.R.A. 825. 
 
 V. The policy or contract; constitution 
 and Tty-laivs. 
 
 a. In general. 
 
 36. Generally. 
 
 Contracts by foreign companies, see supra, 
 
 6-8. 
 Conflict of laws as to, see CONFLICT OF 
 
 Measure of damages for breach of insurance 
 
 contract, see DAMAGES, 23. 
 Evidence as to, see EVIDENCE, 279. 
 
 Inheritance tax on proceeds of life insur- 
 ance. L.R.A.1917D, 636. 
 Effect of war on contracts with alien 
 
 enemies. L.R.A.1917C, 675. 
 Applicability of rule excluding parol evi- 
 dence to vary contract in favor of or 
 against a stranger to the contract. 
 L.R.A.1916A, 596, 608. 
 
 Terms and conditions of usual written 
 policy as affecting a claim under 
 an oral contract of insurance or 
 for damages for breach of con- 
 tract to issue policv. 48 L.R.A. 
 (N.S.) 319. 
 
 Effect of carriage of contraband upon ma- 
 rine insurance. 5 B. R. C. 58. 
 Right of assessment company to change 
 
 plan or class of policies. 
 (N.S.) 623. 
 
 1 L.R.A. 
 
 Begin ivith tliis Itook on every law question. 
 
 Right to reject policy for nonconformance to 
 representations of insurer's agent. 41 
 L.R.A.(N.S.) 1130. 
 
 Collection of insurance policy during life- 
 time of testator as ademption of 
 specific legacy thereof. 40 L.R.A. 
 (N.S.) 561. 
 
 Insurance, in name of partnership, of prop- 
 erty the legal title of which is in the 
 name of individuals. 40 L.R.A. (N.S.) 
 152. 
 
 Liability of insurance company for negli- 
 gent delay in passing upon or issuing 
 policy until after loss. 40 L.R.A. 
 (N.S.) 164. 
 
 Insurance on property the subject of a 
 voidable preference under the bank- 
 ruptcy act. 41 L.R.A. (N.S.) 1012. 
 
 Ratification after loss of unauthorized act 
 of another in securing fire insurance. 
 42 L.R.A. (N.S.) 1025. 
 
 Presumption as to time of alteration in 
 policy. 39 L.R.A.(N.S.) 114.
 
 INDEX TO L.R.A. NOTES. 
 
 723 
 
 INSURANCE, VI. a cont'd 
 Federal courts following state decisions as 
 to insurance contracts. 40 L.R.A. 
 
 37. On life of minor. 
 
 Policies taken out by minors. 57 L.R.A. 
 
 496. 
 Insurance to secure creditors. 57 L.R.A. 
 
 497. 
 Policies taken out bv others on infant's 
 
 life. 57 L.R.A. 499. 
 Insurance in benefit societies. 57 L.R.A. 
 
 502. 
 Surrender or disaffirmance of policy on in- 
 
 fant's life. 57 L.R.A. 504. 
 Infants as members of co-operative com- 
 
 pany. 17 L.R.A. 547. 
 Insurable interest in life of parent or child. 
 
 54 L.R.A. 225. 
 Insurable interest of brother or sister in 
 
 other's life. 45 L.R.A. (N.S.) 982. 
 Son as member of family of insured. 3 
 
 L.R.A.(N.S.) 334. 
 Parent as member of family of insured. 3 
 
 L.R.A.(N.S.) 334. 
 Consent of children as condition of validity 
 
 of insurance on their lives. 56 L.R.A. 
 
 591. 
 
 38. Delivery and acceptance. 
 
 Condition as to delivery of policy while 
 insured is in good health, see infra, 
 91. 
 
 Effect of general notification by agent of 
 arrival of policy, when the company 
 has substituted another form of policy 
 for that applied for. 12 L.R.A. (N.S.) 
 421. 
 
 Effect of delivery to agent as delivery to 
 assured of policy containing stipula- 
 tion that it shall not become binding 
 unless delivered to assured while in 
 good health. 17 L.R.A. (N.S.) 1146; 
 L.R.A.1916F, 173. 
 
 Effect of cancelation of policy containing 
 stipulation that it shall not become 
 binding unless delivered to assured 
 while in good health. 17 L.R.A.(N.S.) 
 1145. 
 
 Effect of recital in pojicy of receipt of first 
 premium on time of taking effect of 
 policy. L.R.A.1918A, 308. 
 
 39. Renewal. 
 
 Validity of oral agreement to renew or ex- 
 . tend policy. 22 L.R.A. 772. 
 
 Validity of agreement of agent to renew 
 policy in future. L.R.A.1916C, 783. 
 
 Effect upon renewal of fire insurance policy 
 of circumstance invalidating original 
 policy, but which in the meantime has 
 ceased to exist. 1 B. R. C. 610. 
 
 Terms and conditions of usual written 
 policy as affecting a claim under an 
 oral "contract to renew the policy. 48 
 L.R.A. (N.S.) 321, 324. 
 
 Assignability of agent's right to commis- 
 sions on renewal premiums. 18 L.R.A. 
 (N.S.) 193. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, VI. a cont'd 
 
 Retention of policy as waiver of variation 
 of terms on renewal of policy by mis- 
 take or fraud of insurer or its agent. 
 67 L.R.A. 719. 
 
 40. Dividends. 
 
 Application of dividends to interest on ap- 
 plying for paid-up policy. 15 L.R.A. 
 453. 
 
 ft. Application generally. 
 
 41. Generally. 
 
 Warranties and representations in, see in- 
 fra, V. h. 
 
 Waiver of warranties and representations 
 in, see infra, VII. 
 
 Attaching of, to policy, see infra, 92. 
 
 Failure to sign application as avoiding ac- 
 cident, life, or mutual benefit policy. 
 
 4 B. R. C. 468. 
 Insurance agent as agent of insured as to 
 
 filling in. 20 L.R.A. 279. 
 Conflict of laws as to local agent's authority 
 
 to accept. 63 L.R.A. 836. 
 Retention of policy as waiver of fraud or 
 
 mistake of insurer appearing in. 67 
 
 L.R.A. 734. 
 Retention of policy as waiver of mistake or 
 
 fraud as to signature to. 67 L.R.A. 
 
 718. 
 Effect of rejection of portion of. 5 L.R.A. 
 
 .(N.S.) 739. 
 Effect of delay in passing upon. 36 L.R.A. 
 
 (N.S.) 1211; 51 L.R.A.(N.S.) 873. 
 
 c. Validity generally. 
 
 42. Generally. 
 
 Validity of wagering policy, see supra, 
 
 24-35. 
 Effect of war on contracts with alien 
 
 enemies L.R.A.1917C, 675. 
 
 Failure to sign application as avoiding ac- 
 cident, life, or mutual benefit policy. 
 4 B. R. C. 468. 
 
 Validity of contract, in violation of statute. 
 12 L.R.A. (N.S.) 612. 
 
 Validity of Lloyd's policies of insurance. 
 
 55 'L.R.A. 203. 
 
 Validity of insurance on intoxicating 
 
 liquors as affected by liquor laws. 31 
 
 L.R.A. (N.S.) 874. 
 Insurance on disorderly house or furniture 
 
 therein. 18 L.R.A. (N.S.) 214; L.R.A. 
 
 1917B, 257. 
 Effect of discrimination among insurants 
 
 upon the contract of insurance and its 
 
 incidents. 35 L.R.A. (N.S.) 485; 49 
 
 L.R.A.(N.S.) 147. 
 Marine insurance; validity of insurance of 
 
 enemy property against seizure. 5 
 
 B. R. C. 836. 
 Effect of carriage of contraband on validity 
 
 of marine insurance policy. 5 B. R. C. 
 
 60. 
 
 43. Validity of oral contract of in- 
 surance. 
 
 Generally. 22 L.R.A. 768.
 
 724 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, V. c cont'd 
 
 Validity of parol contract assumed. 22 
 
 L.R.A. 769. 
 Charter or statutory provisions. 22 L.R.A. 
 
 770. 
 
 Contract to insure. 22 L.R.A. 771. 
 Agreement to insure enforced. 22 L.R.A. 
 
 771. 
 Agreement to renew or extend the policy. 
 
 22 L.R.A. 772. 
 Contract not fully completed. 22 L.R.A. 
 
 772. 
 Parol superseded by written contract. 22 
 
 L.R.A. 772. 
 Presumption as to powers of agent. 22 
 
 L.R.A. 773. 
 
 Requisites of a present oral contract of in- 
 surance. 5 L.R.A. (N.S.) 407. 
 
 44. Validity of fire insurance on 
 property illegally used. 
 
 General principles. 40 L.R.A. 845. 
 Violation of excise laws. 40 L.R.A. 845. 
 Offenses against public order and decency. 
 
 40 L.R.A. 847. 
 Violation of law taxing occupations. 40 
 
 L.R.A. 848. 
 Insurance on bawdy house or furniture 
 
 therein. 18 L.R.A. (N.S.) 214. 
 
 45. Validity of life insurance to se- 
 cure debt to insurer. 
 
 Insurable interest of creditor, see supra, 
 
 28. 
 Right of creditor to proceeds of insurance, 
 
 see infra, 192. 
 
 In general. 53 L.R.A. 462. 
 
 Usurious transactions. 53 L.R.A. 463. 
 
 d. Constitution, rules, and bi/-latcs. 
 
 46. Generally. 
 
 Meaning of word "family" in by-laws. 3 
 L.R.A.(N.S.) 334. 
 
 Power of insured under constitution, by- 
 laws, contract or statute to destroy 
 rights of beneficiary. 49 L.R.A. 753. 
 
 Conflict between by-laws and certificate, or 
 policy, of mutual benefit society or in- 
 surance company. 47 L.R.A. 681. 
 
 Necessity for compliance with by-laws as 
 to payment of assessments. 38 L.R.A. 
 (N.S.) 571; L.R.A.1915E, 153. 
 
 Validity and effect of by-law of mutual 
 benefit society suspending member who 
 disappears. L.R.A.1917A, 182. 
 
 Validity of by-law of mutual benefit society, 
 refusing to pay indemnity upon pre- 
 sumption of death from seven years' 
 absence. L.R.A.1915B, 793: L.R.A. 
 1917C, 3032. 
 
 Validity and effect of rule of benefit society 
 requiring designation of beneficiary by 
 will or contract. L.R.A.1918F, 777. 
 
 47. Change of. 
 
 Alteration of by-law of mutual fire insur- 
 ance company. 32 L.R.A. 486. 
 
 Begin tcith this booJc on every law question. 
 
 INSURANCE, V. d cont'd 
 
 Effect of adoption of by-laws by fraternal 
 insurance order upon benefit certificates 
 already issued. 1 L.R.A. (N.S.) 1065. 
 
 Reasonableness of new by-laws as implied 
 condition of consent to change of by- 
 laws. 8 L.R.A.(N.S.) 521. 
 
 Retroactive effect of resolution or by-law 
 of mutual insurance company changing 
 period during which policy may be con- 
 tested for suicide. 12 L.R.A.(N.S.) 
 504. 
 
 Validity of retrospective by-law or other 
 rule of benefit association as to man- 
 ner of establishing claim. 24 L.R.A. 
 (N.S.) 1027. 
 
 Subsequent by-law excluding or reducing 
 liability in case of suicide. 46 L.R.A, 
 (N.S.) 308; L.R.A.1915D, 1095. 
 
 Retrospective by-law of benefit association 
 in relation to beneficiaries. 24 L.R.A. 
 (N.S.) 1030; L.R.A.1915A, 264. 
 
 Validity and effect of by-law of mutual bene- 
 fit society passed after insured became 
 a member, refusing to pay benefit upon 
 presumption of death from seven years 
 absence. L.R.A.1917C, 1032. 
 
 Right of mutual benefit society to decreasi! 
 benefits. 31 L.R.A. (N.S.) 423; L.R.A, 
 1917C, 626. 
 
 Right of mutual insurance company to in 
 crease rates. 31 L.R.A. (N.S.) 417; 
 L.R.A.1916A, 762. 
 
 e. Reformation; rescission; cancela- 
 tion; surrender. 
 
 48. Reformation. 
 
 Reformation of insurance policy for mis- 
 take of soliciting agent. 11 L.R.A. 
 (N.S.) 357. 
 
 Reformation to conform to representation 
 or estimate as to accumulation, divi- 
 dends, surplus, etc. L.R.A.1918F, 347. 
 
 Relief from mistake of law as to effect of 
 insurance policy. 28 L.R.A. (N.S.) 831. 
 
 Necessity for reforming policy before re- 
 covery in case of mistake. 2 L.R.A. 
 (N.S.) 548. 
 
 Right to reformation of mortgagee who, by 
 mistake, is insured as owner or in own- 
 er's name or vice versa. L.R.A. 1917C, 
 110. 
 
 Effect of delay in seeking relief from mis- 
 take. 28 L.R.A.(N.S.) 890. 
 
 Action on policy as bar to action to reform 
 it. 12.L.R.A.(N.S.) 907. 
 
 49. Cancelation; rescission. 
 
 Return of premium generally on, see infra, 
 118. 
 
 Effect of insolvency of insurer to work can- 
 celation vf policies so that no recovery 
 can be had for losses occurring there- 
 after. L.R.A.1917E, 1141. 
 
 Policy insuring against burglary and theft. 
 L.R.A.1918B, 574. 
 
 Rescission or cancelation of contract by 
 members of mutual fire insurance com- 
 pany. 32 L.R.A. 492.
 
 INDEX TO L.R.A. NOTES. 
 
 725 
 
 INSURANCE, V. e cont'd 
 
 When insurance agent is agent of assured 
 as to notice of cancelation. 20 L.R.A. 
 283. 
 
 Insurance broker as agent for insured as 
 to cancelation of policy. 38 L.R.A. 
 (N.S.) 623. 
 
 Retention of policy as waiver of insurer's 
 mistake or fraud as to right to cancel. 
 67 L.R.A. 716. 
 
 Cancelation of insurance contract by re- 
 turn of policy. 13 L.R.A.(N.S.) 805. 
 
 From what time does notice of cancelation 
 'of fire insurance become effective. 39 
 L.R.A. (N.S.) 829. 
 
 Rescission for insurer's breach of agreement 
 to make loan on policy. 30 L.R.A. 
 (N.S.) 1202. 
 
 Measure of damages for wrongful cancela- 
 tion of policy issued on assessment 
 plan. 7 L.R.A.(N.S.) 1163; L.R.A. 
 1917E, 1035. 
 
 50. grounds for, generally. 
 
 Right to rescind or abandon contracts for 
 other party's default. 30 L.R.A. 69. 
 
 Breach of agreement of insurer to make 
 loan on policy as justifying rescission 
 and recovery of premium by insured. 
 30 L.R.A.(N.S.) 1202. 
 
 Right of insurer to cancelation of the policy 
 in equity before loss, upon the ground 
 that it was obtained by fraud. 45 
 L.R.A.(N.S.) 222. 
 
 Power of equity to take jurisdiction of suit 
 to cancel policy for fraud and to en- 
 join action at law on the policy. 12 
 L.R.A.(N.S.) 881; 48 L.R.A. (N.S.) 265. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as t6 
 provision on right to cancel. 67 L.R.A. 
 716. 
 
 50a. for nonconformance to repre- 
 sentations of insurer's agent. 
 
 Right to reject or rescind, in general. 41 
 L.R.A.(N.S.) 1131. 
 
 Necessity that applicant rely upon agent's 
 misrepresentations. 41 L.R.A. (N.S.) 
 1133. 
 
 Policy varying from agent's agreement 
 treated as counter proposal. 41 L.R.A. 
 (N.S.) 1133. 
 
 Cases treating agent's statements as prom- 
 issory "representations. 41 L.R.A. 
 (N.S.) 1133. 
 
 Misrepresentations made when policy is ex- 
 changed. 41 L.R.A. (N.S.) 1134. 
 
 Misrepresentations made by the agent at 
 time of delivering policy. 41 L.R.A. 
 (N.S.) 1135. 
 
 Effect of agent's agreement that applicant 
 might reject policy. 41 L.R.A. (N.S.) 
 1135. 
 
 Misrepresentations made to illiterate per- 
 sons. 41 L.R.A. (N.S.) 1135. 
 
 Where application is not intelligible to one 
 induced to insure. 41 L.R.A. (N.S.) 
 1136. 
 
 Where agent makes good his misrepresenta- 
 tion. 41 L.R.A. (N.S.) 1137. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, V. e cont'd 
 
 Admissibility of parol evidence conflicting 
 
 with written application. 41 L.R.A. 
 
 (N.S.) 1137. 
 Questions for the jury. 41 L.R.A. (NJS.) 
 
 1140. 
 Miscellaneous. 41 L.R.A.(N.S.) 1141. 
 
 51. conditions of ; notice. 
 
 Return of premium as condition of cancela- 
 tion of insurance. 13 L.R.A. (N.S.) 
 884; L.R.A.1916F, 444. 
 
 Waiver. 13 L.R.A. (N.S.) 889; L.R.A. 
 1916F, 446. 
 
 52. effect of. 
 
 Effect of attempted rescission of policy in 
 case of mistake or fraud of insurer or 
 its agent. 67 L.R.A. 742. 
 
 Attempted rescission of life policy on other 
 grounds as waiver of false representa- 
 tions as to previous applications for 
 insurance. 55 L.R.A. 137. 
 
 Effect of cancelation of policy containing 
 stipulation that it shall not become 
 binding unless delivered to assured 
 while in good health. 17 L.R.A.(N.S.) 
 1145. 
 
 Necessity of giving mortgagee notice to 
 cancel policy. 45 L.R.A. (N.S.) 463. 
 
 Sufficiency of notice to insured of cancela- 
 tion of fire policy. 50 L.R.A. 
 (N.S.) 35. 
 
 53. Surrender. 
 
 Of policy on infant's life. 57 L.R.A. 504. 
 
 Right of guardian to surrender policy in 
 favor of ward. 35 L.R.A. (N.S.) 1123. 
 
 Surrender of policy of life insurance, in 
 ignorance of the death of the insured, 
 as subject to rescission as having been 
 made under a mistake of fact. 5 B. R. 
 C. 797. 
 
 Beneficiary's consent to surrender of policy 
 as affecting his right to question va- 
 lidity thereof. L.R.A.1915A, 872. 
 
 54. without beneficiary's consent. 
 
 Power of insured to destroy rights of bene- 
 ficiary by surrendering policy. 49 L.R.A. 
 746, 751. 
 
 Surrender of policy of ordinary life insur- 
 ance without consent of beneficiary. 
 35 L.R.A.(N.S.) 844. 
 
 /. Paid-tip insurance; surrender value; 
 extended insurance; options; en- 
 dowment policies. 
 
 55. Paid-up and nonforf citing poli- 
 cies of life insurance. 
 
 Conflict of laws as to paid up insurance. 
 63 L.R.A. 862; 23 L.R.A. (N.S.) 980. 
 
 Mode of obtaining paid-up policy. 15 L.R.A. 
 449. 
 
 Need of demanding paid-up policy. 15 
 L.R.A. 449. 
 
 Time of demanding paid-up policy. 15 
 L.R.A. 449. 
 
 Effect of failure to apply for paid-up in- 
 surance within time stipulated. 51 
 L.R.A.(N.S.) 1044.
 
 726 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, V. f cont'd 
 
 Forfeiture of original policy. 15 L.R.A. 
 450. 
 
 Stipulations or provisions in separate in- 
 struments. 15 L.R.A. 451. 
 
 Payment of outstanding premium notes. 
 15 L.R.A. 452. 
 
 Failure to pay interest on premium notes. 
 15 L.R.A. 452. 
 
 Payment of premium by promissory note 
 as entitling insured to benefit of paid 
 up insurance. 5 B. R. C. 376. 
 
 Application of dividends or profits to in- 
 terest, 15 L.R.A. 453. 
 
 Waiver or estoppel as to forfeiture. 15 
 L.R.A. 454. 
 
 Remedies of insured. 15 L.R.A. 454. 
 
 Amount of recovery or of paid-up policy. 
 
 15 L.R.A. 455. 
 
 Extension under Massachusetts statute. 15 
 L.R.A. 455. 
 
 Are paid-up policies within statutes ex- 
 empting life insurance policies. 25 
 L.R.A. (N.S.) 722. 
 
 Effect of failure to apply for paid-up in- 
 surance within time stipulated. 8 
 L.R.A.(N.S.) 193. 
 
 Paid-up policy as insurance within ques- 
 tion as to other insurance. 32 L.R.A. 
 (N.S.) 464. 
 
 Effect of statute providing for application 
 of reserve to the purchase of paid-up 
 insurance. 13 L.R.A. (N.S.) 1046. 
 
 Computation of, where policy holder has 
 borrowed on the policy. 23 L.R.A. 
 (N.S.) 828; L.R.A.1918A, 906. 
 
 56. Options of insured. 
 
 Insurer's option to rebuild, see infra, 174. 
 Option of insurei as to payee, see infra, 
 194. 
 
 Effect of loan as working forfeiture of op- 
 tions under policy. L.R.A. 1917A, 1241. 
 
 Right of creditors to reach option 'of in- 
 sured to receive cash surrender value 
 of policy. 16 L.R.A. (N.S.) 316. 
 
 Do option provisions in policy of life in- 
 surance operate automatically. 25 
 L.R.A.(N.S.) 803. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 provision as to existence of options at 
 maturity. 67 L.R.A. 714. 
 
 Right of beneficiary to exercise option upon 
 default in payment of premium. 45 
 L.R.A. (N.S.) 391; L.R.A.1916F, 1246. 
 
 Right of assignee of policy of life insurance 
 to exercise options. L.R.A.1918C, 570. 
 
 57. Cash surrender value. 
 
 Right of creditors to reach option of in- 
 sured to receive cash-surrender value 
 
 16 L.R.A.(N.S.) 316. 
 Computation of cash surrender value, where 
 
 policy holder has borrowed on the pol- 
 icy. 23L.R.A.(N.S.) 828; L.R.A.1918A, 
 906. 
 
 Life insurance policy having cash surren- 
 der value as assets of bankrupt. 26 
 L,R.A.(N.S.) 459; 46 L.R.A. (N.S.) 148. 
 
 Begin with this boofc on every law question. 
 
 INSURANCE, V. f cont'd 
 
 Power of insured to destroy rights of bene- 
 ficiary by procuring. 49 L.R.A. 746. 
 
 Payment of premium by promissory note 
 as completing right to surrender value. 
 5 B. R. C. 376. 
 
 58. Extended insurance. 
 
 Extension under Massachusetts statute. 1{> 
 
 L.R.A. 455. 
 Conflict of laws as to. 63 L.R.A. 862; 23 
 
 L.R.A.(N.S.) 978, 980; 52 L.R.A. (N.S.) 
 
 283. 
 Effect of statute providing for application 
 
 of reserve to purchase of. 13 L.R.A. 
 
 (N.S.) 1046. 
 Computation of, where policy holder has 
 
 borrowed on the policy. 23 L.R.A. 
 
 (N.S.) 828; L.R.A.1918A, 906. 
 Payment of premium by promissory note as 
 
 entitling insured to extended insurance. 
 
 5 B. R. C. 376. 
 
 58a. Endowment policies. 
 
 Right to subject to claims of creditors. 4 
 L.R.A.(N.S.) 456. 
 
 g. Construction. 
 
 59. Generally. 
 
 Of employer's liability policy, see infra, 
 213. 
 
 Conflict of laws as to. 63 L.R.A. 856; 52 
 L.R.A.(N.S.) 279. 
 
 Applicability of rule excluding parol evi- 
 dence to vary contract in favor of or 
 against a stranger to the contract. 
 L.R.A.1916A, 596, 608. 
 
 Effect of riders or slips attached to insur- 
 ance policies. 30 L.R.A. 636. 
 
 Nature of risk under insurance against 
 loss by lightning. 26 L.R.A. 267. 
 
 Meaning of "cyclone," "tornado," or other 
 kind of wind storm in insurance pol- 
 icy. 8 L.R.A. (N.S.) 308. 
 
 Conflict between by-laws and certificate, or 
 policy, of a mutual benefit society or 
 insurance company. 47 L.R.A. 68J. 
 
 Language of insurance contract in relation 
 to location of property as an essential 
 part of the contract, or as a collateral 
 warranty or representation. L.R.A. 
 1918B, 429. 
 
 Scope, application, and effect of provision of 
 accident policy that the occurrence or 
 payment of one loss shall terminate 
 policy or liability. L.R.A.1918B, 506. 
 
 60. Property covered. 
 
 Risks covered, see infra, 153-171. 
 
 Import of word "additions" in policy of 
 fire insurance. 33 L.R.A. (N.S.) 
 156. 
 
 Heating apparatus as part of realty, as 
 between owner of realty and insurer. 
 1 B. R. C. 976. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 property covered. 67 L.R.A. 721.
 
 INDEX TO L.R.A. NOTES. 
 
 727 
 
 INSURANCE, V. g cont'd 
 
 Jntc'rests covered by particular designation 
 of insured in policy on property of 
 decedent's estate. 42 L.R.A. (N.S.) 79. 
 
 Property covered by policy on "farming 
 utensils." L.R.A.1917B, 937. 
 
 61. Severability. 
 
 When contract entire and when severable. 
 S L.R.A. 834.* 
 
 62. of insurance in same policy. 
 
 Questions affecting divisibility. 51 L.R.A. 
 
 (N.S.) 1050. 
 Special kinds of contract. 51 L.R.A. (N.S,) 
 
 3066. 
 Kinds of property covered by policy. 51 
 
 L.R.A.(N.S.) 1066. 
 Separate buildings. 19 L.R.A. 212; 51 
 
 L.R.A. (N.S.) 1066. 
 Building and contents. 19 L.R.A. 214; 
 
 51 L.R.A. (N.S.) 1066. 
 Fixtures and personal property. 51 
 
 L.R.A. (N.S.) 1068. 
 
 Different classes or articles of personal 
 property. 19 L.R.A. 217; 51 L.R.A. 
 (N.S.) 1068. 
 
 Effect on insurance upon buildings of for- 
 feiture as to personal property. 19 
 L.R.A. 217. 
 
 Policies on live stock. 19 L.R.A. 218. \. 
 Fraud. 19 L.R.A. 218. 
 Marine policies. 19 L.R.A. 218. 
 
 8 62a. Marine insurance. 
 
 Risks covered by policy of, see infra, 157. 
 Cause of loss, see infra, 157. 
 Extent of loss, see infra, 175, 176. 
 
 Severability. 19 L.R.A. 218. 
 
 Waters covered by description. L.R.A. 
 1915C, 408. 
 
 Contraband of "lawful goods." 5 B. R. C. 62. 
 
 Language of insurance contract in relation 
 to location of 'the property as an es- 
 sential part of the contract or as a 
 collateral warranty or representation. 
 L.R.A.1918B, 429. 
 
 h. Warranties; representations; condi- 
 tions; incontestability. 
 
 1. In policies on property, 
 (a) In general. 
 
 63. Generally. 
 
 Waiver of, or estoppel as to, see infra, VII. 
 In policy against loss by burglary or theft, 
 see 'infra, 220. 
 
 Terms and conditions of usual written 
 policy as affecting a claim under an 
 oral contract of insurance or for dam- 
 ages for breach of contract to issue 
 policy. 48 L.R.A. (N.S.) 319. 
 
 Right of insured to return of premium 
 where policy is void or voidable because 
 of misrepresentations on his part. 32 
 L.R.A. (N.S.) 298. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, V. h, 1, (a) cont'd 
 
 When may statements be regarded as rep- 
 resentations, although expressly de- 
 nominated in the policy as warranties. 
 11 L.R.A. (N.S.) 981. 
 
 Effect of qualifying statements or war- 
 ranties by words to "best of my knowl- 
 edge and belief,'' or words of like im- 
 port. 43 L.R.A. (N.S.) 431. 
 
 Duty to notify insurer of facts which de- 
 velop after submission of application, 
 but before delivery of policy or cer- 
 tificate. 39 L.R.A. (N.S.) 951. 
 
 Liability of insurer under policy of marine 
 insurance for losses arising out of 
 state of war as affected by warranties. 
 5 B. R. C. 10. 
 
 Effect of warranty against contraband or 
 illicit trade in marine insurance policy. 
 5 B. R. C. 64. 
 
 Liability of insurer of vessel or cargo "war- 
 ranted free from capture." 5 B. R. 
 C. 74. 
 
 64. Lloyds policies. 
 
 Warranties in case of Lloyds policies. 55 
 
 L.R.A. 202. 
 Concealment of facts by insured in case of 
 
 Lloyds policies. 55 L.R.A. 201. 
 
 65. Dimension of property. 
 
 Misrepresentation as to dimensions of in- 
 sured building. 20 L.R.A. (N.S.) 340. 
 
 (b) Title; ownership; encumbrances. 
 
 66. Generally. 
 
 Sufficiency of title of tenant to fixtures 
 placed by him on premises under agree- 
 ment for their removal. L.R.A.1915E, 
 830. 
 
 Vendee under executory contract as owner, 
 where vendor holds legal title. 20 
 L.R.A. (N.S.) 775. 
 
 Retention of policy as waiver of mistake 
 or fraud as to title. 67 L.R.A. 731. 
 
 Effect of insurance broker's knowledge aa 
 to title. 38 L.R.A.(N.S.) 63 i. 
 
 Collusiveness of statements as to owner- 
 ship, etc. in proof of loss. 44 L.R.A. 
 859. 
 
 Effect of warranty as to ownership on liabil 
 ity of insurer under policy of marine 
 insurance for losses arising out of state 
 of war. 5 B. R. C. 18. 
 
 67. Complete or full ownership. 
 
 How far an undivided interest in property 
 is a complete or full ownership. 18 
 L.R.A. 481. 
 
 68. Sole and unconditional owner- 
 ship. 
 
 Owner of equitable title as sole and uncon- 
 ditional owner of property the legal 
 title of which is in another. L.R.A. 
 1918E, 375. 
 
 Effect of bond for title to defeat uncondi- 
 tional and sole ownership. 2 L.R.A. 
 (N.S.) 512. 
 
 Vendor's lien as affecting sole and uncondi- 
 tional ownership. 7 L.R.A. (N.S.) 627.
 
 728 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, V. h, 1, (b) cont'd 
 
 Failure to record conveyance to insured as 
 affecting his "sole and unconditional 
 ownership." 22 L.R.A.(N.S.) 732. 
 
 Title, for purpose of insurance, of house on 
 government land under homestead en- 
 try, as within sole and unconditional 
 ownership clause in insurance policy. 
 8 L.R.A.(N.S.) 903. 
 
 Want of title to land where insured is 
 sole and absolute owner of build- 
 ing. 38 L.R.A. (N.S.) 427. 
 
 Judgment as violation of provision requir- 
 ing sole and unconditional ownership. 
 50 L.R.A. (N.S.) 1164. 
 
 Outstanding contract for sale of property 
 as defeating sole and unconditional 
 ownership by vendor. 52 L.R.A. (N.S.) 
 670. 
 
 Mortgage or instrument given as security 
 as breach of condition as to sole and 
 unconditional ownership. L.R.A.1915D, 
 812. 
 
 69. Change of title or interest. 
 
 Temporary change, see infra, 84. 
 
 Provision against alienation or change in 
 interest, title, or possession as applying 
 to interest of cotenant. L.R.A.1917A, 
 32. 
 
 Effect of consent after loss to change of 
 ownership. L.R.A.1917F, 1042. 
 
 Contract to convey as breach of condition 
 against change in title or interest. 3 
 L.R.A.(N.S.) 107. 
 
 Delivery of deed in escrow as a change of 
 title or interest. 38 L.R.A. (N.S.) 142. 
 
 Termination of liability of members of 
 mutual fire insurance company by 
 transfer of property insured. 32 L.R.A. 
 494. 
 
 Acquisition by mortgagee of title to prop- 
 erty covered by policy protecting mort- 
 gagee's interest, as breach of condi- 
 tion against sale or transfer of title. 
 23 L.R.A.(N.S.) 1147. 
 
 Variance between assignment or transfer 
 of property and insurer's consent there- 
 to. 42 L.R.A.(N.S.) 173. 
 
 70. change in partnership interest. 
 
 Effect of transfer by one partner of his 
 interest in insured property to other 
 members of firm as a prohibited change 
 or alienation of interest. 18 L.R.A. 
 482. 
 
 Formation of partnership or change in per- 
 sonnel of firm as effecting a change of 
 title or ownership. 21 L.R.A.(N.S.) 
 442. 
 
 71. by judicial proceedings. 
 
 Judgment as change of interest or title. 
 50 L.R.A.(N.S.) 1164. 
 
 Effect of bankruptcy or insolvency proceed- 
 ings or assignment for benefit of credit- 
 ors on fire insurance. 15 L.R.A. (N.S.) 
 827. 
 
 Effect of appointment of receiver for in- 
 sured on fire insurance. 19 L.R.A. 
 (N.S.) 643. 
 
 INSURANCE, V. h, 1, (b) confd 
 Levy of execution, attachment, or other 
 process upon insured property as 
 change in interest, title, or possession. 
 24 L.R.A.(N.S.) 803. 
 
 Sale of insured property by judicial pro- 
 ceedings as change in title, interest, 
 or possession. 24 L.R.A.(N.S.) 807. 
 
 72. by mortgage. 
 
 Mortgage as effecting change of title or in- 
 terest in insured property. 38 
 L.R.A. 562. 
 
 73. Encumbrances generally. 
 
 Temporary encumbrances, see infra, 88. 
 
 Effect of condition against encumbrances, 
 upon renewal, substitution, or altera- 
 tion of encumbrance upon insured 
 property. 20 L.R.A. 400. 
 
 Retention of policy as waiver of mistake 
 or fraud as to encumbrances. 67 L.R.A. 
 732, 737. 
 
 Effect of insurance broker's knowledge as 
 to. 38 L.R.A.(N.S.) 637. 
 
 (c) 
 
 Use, care, and condition of prop- 
 erty. 
 
 Begin ivith this book on every law question. 
 
 74. Generally. 
 
 Temporary use, see infra, 85-87. 
 Estoppel or waiver as to, see infra, VII. 
 
 Effect of insurance broker's knowledge as 
 to condition or use of property. 38 
 L.R.A.(N.S.) 636. 
 Conclusiveness of statements as to, in 
 
 proofs of loss. 44 L.R.A. 858. 
 Change in use or condition of mill or 
 factory as avoiding policy. 45 
 L.R.A.(N.S.) 123. 
 
 75. Vacancy; occupancy. 
 
 Temporary vacancy, see infra, 86. 
 
 When is insured property vacant or un- 
 occupied. 2 L.R.A. (N.S.) 517. 
 
 Building in process of erection as vacant. 
 4 L,R.A.(N.S.) 1137. 
 
 Vacancy during change of tenants as vio- 
 lation of vacancy clause in fire 
 policies covering rented premises. 
 L.R.A.1915B, 844. 
 
 Effect, on vacancy clause, of tenant's re- 
 moval without owner's knowledge. 3 
 L.R.A.(N.S.) 966. 
 
 Necessity of proof of increase of risk to 
 avoid insurance policy because of the 
 vacancy of insured property. 12 
 L.R.A.(N.S.) 456. 
 
 Retention of policy as waiver of insurer's 
 mistake or fraud as to occupancy of 
 premises. 67 L.R.A. 729. 
 
 Effect on provisions as to, of agent's rep- 
 resentations or knowledge. 4 L.R.A. 
 (N.S.) 758. 
 
 Conclusiveness of statements as to, in 
 proofs of loss. 44 L.R.A. 858. 
 
 76. Suspension of business. 
 
 Provisions against ceasing to operate mill 
 or machinery. 8 L.R.A. 81.*
 
 INDEX TO L.R.A. NOTES. 
 
 729 
 
 INSURANCE, V. h, 1, (c) cont'd 
 
 77. Watchman. 
 
 Stipulation for watchman in policy against 
 burglary. 46 L.R.A.(N.S.) 5G5. 
 
 Absence of watchman without knowledge of 
 insured as a defense. 34 L.R.A. (N.S.) 
 563. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 provision obligating insured to keep 
 watchman on premises. 67 L.R.A. 718. 
 
 78. Location of movable property. 
 
 Temporary change in location, see infra, 
 
 87. 
 
 Language of insurance contract in relation 
 to location of the property as an es- 
 sential part of the contract or as a 
 collateral warranty or representation. 
 L.R.A.1918B, 429. 
 
 As affecting lightning insurance. 26 L.R.A. 
 267. 
 
 As affecting fire insurance thereon. 26 
 L.R.A. 237. 
 
 Effect of provision permitting temporary 
 removal of property from place of in- 
 surance designated in policy, after a 
 permanent removal from that place. 
 L.R.A.1915D, 239. 
 
 Retention of policy as waiver of insurer's 
 mistake or fraud as to. 67 L.R.A. 
 724. 
 
 78a. Prohibited articles. 
 
 Construction and effect of provisions against 
 keeping prohibited articles. L.R.A. 
 1917C, 278; 3 B. R. C. 7. 
 
 Effect of temporary keeping of prohibited 
 articles which ceased before loss. 10 
 L.R.A.(N.S.) 741; 48 L.R.A.(N.S.) 
 1222; 3 B. R. C. 7. 
 
 (d) Iron-safe clause. 
 
 79. Generally. 
 
 Keeping books and vouchers. 51 L.R.A. 
 699. 
 
 Production of books and papers. 51 L.R.A. 
 702. 
 
 Keeping books and vouchers in a safe, or 
 
 safe place. 51 L.R.A. 709. 
 Waiver. 51 L.R.A. 713; L.R.A.1915F, 
 759. 
 
 Condition as to keeping books in policy in- 
 surance against burglary and theft. 
 L.R.A.1918B, 567^ 
 
 What books and inventories must be kept 
 in a safe to comply with the require- 
 ments of the iron-safe clause. 15 
 L.R.A.(N.S.) 471. 
 
 Loss or destruction of books, inventory, 
 etc., as excusing their production as 
 required by policy. 28 L.R.A. (N.S.) 
 337. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 provision obligating insured to keep 
 books in safe. 67 L.R.A. 717. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, V. h, 1 cont'd 
 
 (e) Other insurance; previous appli- 
 cation. 
 
 80. Generally. 
 
 Retention of policy as waiver of insurer's 
 mistake or fraud as to requirement as 
 to. 67 L.R.A. 726. 
 
 Pro rata clause as a waiver of provision 
 against additional insurance. L.R.A. 
 1918C, 343. 
 
 Effect of insurance broker's knowledge as 
 to. 38 L.R.A.(N.S.) 638. 
 
 Conclusiveness of statements as to, in proof 
 of loss. 44 L.R.A. 860. 
 
 Condition as to other applications or losses 
 in policy insuring against burglary or 
 theft. 46 L.R.A. (N.S.) 565; L.R.A. 
 1918B, 566. 
 
 What is concurrent insurance. 49 L.R.A. 
 (N.S.) 374. 
 
 Property contemplated by provision against 
 taking out "additional insurance;" 
 ''other insurance;" "double insurance." 
 L.R.A.1917E, 753. 
 
 Procuring of insurance by mortgagee as a 
 violation of provision in policy of mort- 
 gagor against other or additional in- 
 surance. L.R.A.1917A, 607. 
 
 Insurance effected by one other than owner 
 as violation of provision against addi- 
 tional insurance. L.R.A.1918D, 781. 
 
 (f) Breach by tenant or mortgagor. 
 
 81. By tenant. 
 
 Effect upon insurance policy of breach of 
 condition by tenant. 12 L.R.A.(N.S.) 
 485. 
 
 Effect on vacancy clause of tenant's re- 
 moval without owner's knowledge. 3 
 L.R.A.(N.S.) 966. 
 
 82. By mortgagor. 
 
 Effect of breach of policy of insurance by 
 mortgagor on rights of mortgagee. 
 18 L.R.A.(N.S.) 197; 25 L.R.A. 
 (N.S.) 1226; L.R.A.1915C, 758. 
 Effect of mortgagor's failure to give notice 
 or proof of loss on mortgagee's right 
 to recover. 14 L.R.A,. (N.S.) 459. 
 
 (g) Increase of risTc generally. 
 
 83. Generally. 
 
 Temporary increase of risk, see infra, 89 
 
 Indications that building may be intention- 
 ally set on fire as an increase of risJ T 
 31 L.R.A. (N.S.) 603. 
 
 Condition as to change of risk, in policy in- 
 suring against burglary or theft. 46 
 L.R.A.(N.S.) 565; L.R.A.1918B, 567. 
 Effect of provision prohibiting presence of 
 designated articles on premises. 3 B. 
 R. C. 7. 
 
 Use of engine on farm premises as viola- 
 tion of general provision in fire 
 policy against increase of risk or 
 specific provisions relating to en- 
 gines. L.R.A.1915D, 187.
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, V. h, 1 cont'd 
 (h) Temporary change of conditions. 
 
 % 84. Change of title. 
 
 Effect of sale of insured property in case 
 
 of reconveyance before loss. 
 (N.S.) 738. 
 
 10 L.R.A. 
 
 85. Use of premises. 
 
 Effect of unauthorized use of premises 
 which ceased before loss under provi- 
 sion against such use. 10 L.R.A. (N.S.) 
 742. 
 
 Effect of unauthorized use of mill or 
 factory which has been abandoned be- 
 fore loss. 45 L.R.A.(N.S.) 127. 
 
 Effect of temporary keeping of prohibited 
 articles on premises which ceased be- 
 fore loss under provision against keep- 
 ing such articles. 10 L.R.A. (N.S.) 
 741; 48 L.R.A.(N.S.) 1222; 3 B. R. 
 C. 7. 
 
 86. vacancy. 
 
 Effect of temporary vacancy ceasing before 
 loss under provisions against vacancy. 
 10 L.R.A.(N.S.) 740; 28 L.R.A. (N.S.) 
 593. 
 
 Effect of sleeping on premises to prevent 
 their becoming vacant or unoccu- 
 pied within insurance policy. 40 
 L.R.A.(N.S.) 58. 
 
 Vacancy permit as waiver of previous 
 vacancy. 47 L.R.A.(N.S.) 619. 
 
 87. location of property. 
 
 Temporary absence of insured 
 
 property 
 
 from location stated in the policy. 22 
 
 L.R.A.(N.S.) 848. 
 
 88. Encumbrances generally. 
 
 Effect of temporary encumbrances on prop- 
 erty which were removed before loss 
 under general provisions against en- 
 cumbrances. 10 L.R.A. (N.S.) 739; 48 
 L.R.A.(N.S.) 1222. 
 
 89. Increase of risk generally. 
 
 Scope and effect of provision that the work- 
 ing of mechanics shall avoid pol- 
 icy. 44 L.R.A.(N.S.) 148. 
 
 Effect of temporary condition which ceased 
 before loss, under general provision 
 against increase of risk, or specific pro- 
 vision against certain conditions. 10 
 L.R.A.(N.S.) 736; 28 L.R.A. (N.S.) 
 593; 32 L.R.A. (N.S.) 240; 48 L.R.A. 
 (N.S.) 1221. 
 
 2. In life or accident policies. 
 
 (a) In general. 
 
 / 
 90. Generally. 
 
 Waiver of, or estoppel as to, see infra, VII. 
 
 When may statements be regarded as rep- 
 
 resentations, although expressly de- 
 nominated in policy as warranties. 11 
 L.R.A.(N.S.) 981. 
 Begin with this fcoote on every la\c question. 
 
 INSURANCE, V. h, 2, (a) cont'd 
 
 Statements respecting familv history. 
 L.R.A.1917C, 866. 
 
 Misstatement as to income of insured. 
 L.R.A.1917C, 344. 
 
 Conflict of laws as to effect of misrepresen- 
 tation in application. 63 L.R.A. 864; 
 23 L.R.A.(N.S.) 981; 52 L.R.A. (N.S.) 
 284. 
 
 Admissions or statements by insured out- 
 side of his application as evidence 
 against beneficiary. 11 L.R.A. (N.S. ) 
 92; 49 L.R.A.(N.S.) 853. 
 
 Admissibility of declarations of insured 
 tending to show good faith regarding 
 statements in application. L.R.A.1918F, 
 271. 
 
 Right of insured to return of premium 
 where policy is void or voidable be- 
 cause of misrepresentations on his part. 
 32 L.R.A. (N.S.) 298. 
 
 Duty to notify insurer of facts which de- 
 velop after submission of application, 
 but before delivery of policy or certifi- 
 cate. 8 L.R.A. (N.S.) 983. 
 
 Date from which the period to which a 
 defense is limited in life insurance pol- 
 icy is to be computed. L.R.A. 1915 F, 
 703; L.R.A.1917B, 105. 
 
 Effect of qualifying statements or war- 
 ranties by words to "best of my knowl- 
 edge and belief," or words of like im- 
 port. 43 L.R.A. (N.S.) 431. 
 
 Effect of temporary violation of conditions 
 or warranties in policy of life insur- 
 ance, ceasing before loss. 50 L.R.A. 
 (N.S.) 592. 
 
 Character of residence or sojourn in pro- 
 hibited place which will avoid pol- 
 icy. L.R.A.1915F, 1056. 
 
 Effect of beneficiary's knowledge of the 
 falsity of a representation innocently 
 made by insured. 41 L.R.A. (N.S.) 
 1199. 
 
 91. Condition as to delivery while 
 insured is in good health. 
 
 Waiver as to, see infra, 140. 
 
 Effect of stipulation in application or pol- 
 icy of life insurance that it shall 
 not become binding unless deliv- 
 ered to assured while in good 
 health. 17 L.R.A. (N.S.) 1144; 43 
 L.R.A. (N.S.) 725; L.R.A.1916F, 
 171. 
 
 Effect of incontestable clause where insured 
 is in poor health when policy is de- 
 livered. 6 L.R.A.(N.S.) 1064'_ 
 Promissory note as satisfying requirement 
 that initial premium must have been 
 paid while assured was in good health. 
 5 B. R. C. 375. 
 
 9 la. Condition as to autopsy. 
 
 Accident insurance; validity, construction 
 
 and effect of provision in policy as 
 to autopsy or examination of body 
 of assured. L.R.A.1915D, 1199.
 
 INDEX TO L.R.A. NOTES. 
 
 731 
 
 INSURANCE, V. h, 2, (a) cont'd 
 92. Attaching or referring to appli- 
 cation. 
 
 What reference in policy to application will 
 make it part of policy. 19 L.R.A. 
 (N.S.) 88; 33 L.R.A. (N.S.) 676. 
 
 Conflict of laws as to necessity of attach- 
 ing application or copy thereof to pol- 
 icy. 63 L.R.A. 867; 23 L.R.A. (N.S.) 
 982; 52 L.R.A. (N.S.) 285. 
 
 What must be attached in order to satisfy 
 requirement that "application" be at- 
 tached to policy. 18 L.R.A. (N.S.) 
 1190. 
 
 Failure to attach copy of application .to 
 policy as affecting right of insurer to 
 rely on representations or warranties 
 incorporated in the policy itself. 19 
 L.R.A.(N.S.) 102. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 facts appearing in application only 
 where copy is attached to policy. 67 
 L.R.A. 734. 
 
 (It) Health, habits, and occupation. 
 
 93. Generally. 
 
 Condition as to delivery while insured is in 
 good health, see supra, 91. 
 
 Effect of qualifying statements or war- 
 ranties by words to "best of my knowl- 
 edge and belief," or words of like im- 
 port, 48 L.R.A. (N.S.) 714. 
 
 Scope and effect of questions or provisions 
 as to contact with transmissible disease. 
 48 L.R.A.(N.S.) 714. 
 
 Hernia as breach of condition or warranty 
 as to health or bodily condition. L.R.A. 
 1917B, 747. 
 
 W T ho is engaged in the liquor business with- 
 in the meaning of an insurance con- 
 tract. 45 L.R.A. (N.S.) 1144. 
 
 What amounts to a breach of warranty as 
 to business, profession, or occupation 
 of the insured in a policy of life or 
 accident insurance. L.R.A.1916F, 1030. 
 
 Waiver of provision as to change of occu- 
 pation by continued receipt of dues. 
 L.R.A. 1916F, 755. 
 
 Time covered by provision or representa- 
 tion with respect to the habits or oc- 
 cupation of insured. 5 L.R.A. (N.S.) 
 283. 
 
 What constitutes "spitting or coughing 
 blood." 23 L.R.A.(N.S.) 917. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 provision as to physical condition of 
 insured. 67 L.R.A. 734. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 provision as to occupation of insured. 
 67 L.R.A. 736. 
 
 94. Innocent misrepresentation as to 
 health. 
 
 By insured who has undiscovered disease. 
 
 53 L.R.A. 193. 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, V. h, 2, (b) cont'd 
 Effect of honest mistake in answer as to 
 health of insured, warranted by him 
 to be true. 15 L.R.A. (N.S.) 1277. 
 
 95. Temporary change of occupa- 
 tion. 
 
 Temporary pursuit of other activities as 
 change of occupation within meaning 
 of accident insurance policy. 24 L.R.A. 
 (N.S.) 1174. 
 
 Effect of temporary violation of condition 
 as to occupation in policy of life in- 
 surance ceasing before loss. 50 L.R.A. 
 (N.S.) 592. 
 
 Accident insurance: provision for forfeiture 
 or reduction of benefits in event of 
 injury while engaged in more haz- 
 ardous occupation, or variations of 
 that provision, as applied to oc- 
 casional or temporary acts. L.R.A. 
 1915D, 312. 
 
 96. Consultation with, or attendance 
 of, physician. 
 
 What constitutes a consultation with, or 
 attendance by, a physician, within the 
 meaning of an application for life in- 
 surance. 18 L.R.A. (N.S.) 362. 
 
 Time covered by question or representation 
 as to consultation with physician. 45 
 L.R.A.(N.S.) 162. 
 
 97. Morphinism. 
 
 Morphinism of insured as affecting policy. 
 39 L.R.A. 265. 
 
 98. Use of intoxicating liquors. 
 
 Scope and effect of provisions in policies 
 of insurance forbidding use of in- 
 toxicating liquor. 15 L.R.A. (N.S.) 
 206; 25 L.R.A.(N.S.) 1241. 
 
 (c) Previous rejection; other insur- 
 ance. 
 
 99. Generally. 
 
 Waiver of condition as to other insurance, 
 see infra, 136. 
 
 Effect of condition against other insurance 
 in same company. 5 L.R.A. (N.S.) 
 759. 
 
 Previous rejection by benefit association as 
 declination or refusal of insurance 
 within meaning of application for life 
 insurance. 4 L.R.A. (N.S.) 247. 
 Effect of other insurance which ceased be- 
 fore loss under general provisions 
 against other insurance. 10 L.R.A. 
 (N.S.) 740. 
 
 Failure to disclose accident policies in re- 
 ply to question as to other life insur- 
 ance as breach of warranty. 1 B. R. 
 C. 305. 
 
 Character of insurance or company covered 
 by question in application for life 
 or accident insurance as to other 
 insurance or as to previous re- 
 jection of application. 32 L.R.A. 
 (N.S.) 461.
 
 732 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, V. h, 2, (c) cont'd j INSURANCE, V. h, 2, (e) cont'd 
 
 First and last days in computing time, as Effect of incontestable clause on right to 
 to other insurance. 
 
 49 L.R.A. 208. 
 Effect of insurance broker's knowledge as 
 
 to other insurance. 38 L.R.A. (N.S.) 
 
 638. 
 Retention of policy and waiver of insured's 
 
 mistake or fraud as to requirement as 
 
 to. 67 L.R.A. 726, 735. 
 
 100. Void or inoperative insurance. 
 
 Void or inoperative policies of insurance as 
 breach of a condition against ad- 
 ditional or other insurance on 
 property. 1 B. R. C. 39. 
 
 101. False representations as to 
 previous applications for insurance. 
 
 Rule where the statement is a mere repre- 
 sentation. 55 L.R.A. 122. 
 
 Rule as to statements made material by 
 agreement. 55 L.R.A. 124. 
 
 Rule as to warranties. 55 L.R.A. 125. 
 
 Construction with reference to distinction 
 between representations and warran- 
 ties. 55 L.R.A. 126. 
 
 Falsity which will work forfeiture. 55 
 L.R.A. 128. 
 
 Waiver of forfeiture. 55 L.R.A. 134. 
 
 Statutes prohibiting forfeiture for imma- 
 terial misrepresentations. 55 L.R.A. 
 137. 
 
 Application to mutual aid and benefit so- 
 cieties. 55 L.R.A. 138. 
 
 Misrepresentation as to. previous rejection 
 as increasing risk. L.R.A.1917E, 558. 
 
 (d) Increase of risk generally. 
 
 102. Generally. 
 
 Misrepresentation as to previous rejection 
 as increasing risk. L.R.A.1917E, 558. 
 
 (e) Incontestability. 
 
 103. Generally. 
 
 Incontestability of life insurance under pro- 
 visions of the policy or of a 
 statute. 42 L.R.A. 247. 
 Where the defense is that the bene- 
 ficiary has no interest in the 
 life. 42 L.R.A. 256; 5 L.R.A. 
 (N.S.) 747. 
 
 Validity of provision making policy incon- 
 testable from date. 2 L.R.A.(N.S.) 
 821. 
 
 Applicability of incontestable clause to non- 
 payment of premiums. 6 L.R.A. (N.S.) 
 1039. 
 
 Retroactive effect of resolution of mutual 
 insurance company changing period 
 during which policy may be contested 
 for suicide. 12 L.R.A.(N.S.) 504. 
 Effect of incontestable clause in policy con- 
 taining provision that it shall not be 
 binding unless delivered to assured 
 while in good health. 17 L.R.A. (N.S.) 
 1145; 43 L.R.A.(N.S.) 726; L.R.A. 
 1916F, 173. 
 
 Begin with this book on every law question. 
 
 recover life or accident insurance where 
 insured is executed for crime. L.R.A. 
 1918A, 899. 
 
 Date from which the period to which a 
 defense is limited in life insurance pol- 
 icy is to be computed. L.R.A.1915F, 
 703; L.R.A.1917B, 105. 
 
 Death of insured as interrupting period 
 after which policy is incontestable. 
 L.R.A.1918D, 1198. 
 
 Applicability of incontestable clause to false 
 statements made in application for re- 
 instatement. 46 L.R.A. (N.S.) 1056. 
 
 Applicability of incontestable clause in case 
 of suicide. L.R.A.1918D, 870. 
 
 Validity and application of incontestable 
 clause in case of fraud L.R.A.1917E, 
 338. 
 
 i. Termination generally; suspension. 
 
 104. Generally. 
 
 Cancelation or rescission, see supra, 49- 
 
 Termination of liability of members of 
 mutual fire insurance companies. 32 
 L.R.A. 492. 
 
 First and last days in computing time as 
 to life of policy. 49 L.R.A. 208. 
 
 May breach of policy which ipso facto 
 terminates it be waived. 25 L.R.A, 
 (N.S.) 78. 
 
 Effect of war to terminate insurance con- 
 tracts with alien enemy. L.R.A.1917C, 
 675. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 provision as to duration of insurance. 
 67 L.R.A. 712. 
 
 105. Effect of expulsion from so- 
 ciety. 
 
 Suits on the benefit certificate. 25 L.R.A. 
 149. 
 
 Damages. 25 L.R.A. 150. 
 
 Conclusiveness of decision of tribunal of 
 mutual benefit society expelling or sus- 
 pending a member. 52 L.R.A. (N.S.) 
 806. 
 
 j. Forfeiture. 
 
 106. Generally. 
 
 Cancelation or rescission, see supra, 49- 
 52. 
 
 Effect on assignee of assignor's acts of 
 forfeiture, see infra, 125. 
 
 Power of insured to destroy rights of bene- 
 ficiary, see infra, 126. 
 
 Waiver of, or estoppel as to, see infra, VII. 
 
 By matters occurring after loss, see infra, 
 VIII. 
 
 By matters relating to proofs of loss, see 
 infra, VIII. a. 
 
 Forfeiture because of cause of loss or in- 
 jury, see infra, VIII. c, 1. 
 
 Forfeiture because of cause of death or 
 injury, see infra, VIII. c, 2. 
 
 For fraud, see FRAUD AND DECEIT, 28.
 
 INDEX TO L.R.A. NOTES. 
 
 733 
 
 INSURANCE, V. j cont'd 
 
 Forfeiture of benefit certificate by default 
 of subordinate lodge. 50 L.R.A. 111. 
 
 Conflict of laws as to. 63 L.R.A, 862; 23 
 L.R.A.(N.S.) 978; 52 L.R.A. (N.S.) 
 283. 
 
 Of original policy on obtaining paid-up 
 policy. 15 L.R.A. 450. 
 
 Effect on insurance on buildings of forfei- 
 ture as to personal property. 19 L.R.A. 
 217. 
 
 Power of insured to destroy rights of benefi- 
 ciary by allowing lapse or forfeiture. 
 49 L.R.A. 741, 751. 
 
 Validity of provision in contract of rail- 
 road relief department for forfeiture 
 of benefits in case of suit against the 
 company for damages. 10 L.R.A. 
 (N.S.) 198. 
 
 107. For nonpayment of premiums. 
 
 Payment of premiums generally, see infra, 
 112-115. 
 
 First and last days in computing time in 
 case of nonpayment. 49 L.R.A. 208. 
 
 Necessity of affirmative action in order to 
 terminate rights of member in mutual 
 benefit society for nonpavment of dues. 
 17 L.R.A. (N.S.) 246. 
 
 Effect of failure to pay periodical premium 
 on policy of life insurance to terminate 
 the same, in the absence of a provision 
 for forfeiture. 26 L.R.A. (N.S.) 747; 
 L.R.A.1917B, 214. 
 
 Waiver by officers of subordinate lodge of 
 forfeiture for nonpayment of assess- 
 ments. 4 L.R.A. (N.S.) 421; 38 L.R.A. 
 (N.S.) 571; L.R.A.1915E, 152. 
 
 Option of insurer to refuse renewal pre- 
 miums on accident policy as bearing 
 upon effect of receipt of premiums after 
 due as a waiver. L.R.A.1918D, 1129. 
 
 Nonpayment of premiums as affected by 
 incontestable clause. 6 L.R.A. (N.S.) 
 1039. 
 
 Effect of failure to pay assessment between 
 day of accident and time of death. 
 26 L.R.A. 112. 
 
 Effect of incapacitating illness or insanity 
 on failure to pay premium when due. 
 12 L.R.A.(N.S.) 319; 46 L.R.A.(N.S.) 
 537. 
 
 Effect of express stipulation suspending or 
 avoiding policy in case of nonpayment 
 of premium note at maturity. 5 B. R. C. 
 389. 
 
 Effect of nonpayment of premium note aa 
 reviving right to forfeit policy for non- 
 payment of premium. 5 B. R. C. 387. 
 
 Does existence of indebtedness from insurer 
 to insured in an amount suflicient to 
 pay premium or assessment prevent for- 
 feiture of policy for nonpayment of pre- 
 mium. 23 L.R.A. (N.S.) 304; L.R.A. 
 1918D, 1014. 
 
 108. notice of premiums. 
 
 Conflict of laws as to. 63 L.R.A. 862; 52 
 First and last days in computing time for 
 
 notice. 49 L.R.A. 208. 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, V. j cont'd 
 
 Mode of proving mailing of notice of ma- 
 turity of premiums or assessments. 7 
 L.R.A.(N.S.) 238. 
 
 Necessity that notice of maturity of pre- 
 miums or assessments sent through the 
 mail be received. 7 L.R.A. (N.S.) 253. 
 
 Effect of custom to give insured notice of 
 maturity of premium where insured is 
 not otherwise entitled to notice. 20 
 L.R.A.(N.S.) 1037. 
 
 fc. Reinstatement. 
 
 109. Generally. 
 
 Reinstatement of defaulted policy by pay- 
 ment of premium after death. 14 
 L.R.A. 283. 
 
 First and last days in computing time 
 of payment for. 49 L.R.A. 208. 
 
 Judicial control of discretion as to rein- 
 statement of insured. 40 L.R.A. (N.S.) 
 148. 
 
 Applicability of incontestible clause to false 
 statements made in application for re- 
 instatement. 46 L.R.A. (N.S.) 1056. 
 
 Effect of reinstatement on date from which 
 the period to which a defense is limit- 
 ted in life insurance policy is to be 
 computed. L.R.A.1915F, 705. 
 
 Provision for nonliability for certain time 
 after reinstatement. L.R.A.1916E, 877. 
 
 Waiver of conditions of reinstatement of 
 member of benefit society. L.R.A.1917C, 
 260. 
 
 (. Premiums; assessments; rates. 
 1, In general. 
 
 110. Generally. 
 
 Options upon default in payment, see supra, 
 56. 
 
 Forfeiture for nonpayment, see supra, 
 107, 108. 
 
 Discrimination as to, see infra, 119. 
 
 Waiver of forfeiture by accepting or at- 
 tempting to collect premium, see infra, 
 134. 
 
 Taxes on insurance premiums. 57 L.R.A. 
 69; L.R.A.1918D, 958. 
 
 Income tax on commissions on renewal pre- 
 miums. L.R.A.1918A, 501. 
 
 Liability of carrier for extra insurance pre- 
 mium which shipper is compelled to pay 
 because of deviation. L.R.A.1918A, 
 1066. 
 
 Duty to account for premiums paid for in- 
 surance on the life of a partner. 
 L.R.A.1918B, 336. 
 
 Agreement made at inception of policy with 
 respect to payment of premiums as 
 discrimination or rebate. L.R.A.1918D, 
 194. 
 
 Liability of member of benefit society to 
 action for assessment. 23 L.R.A. 435. 
 
 Liability of members of mutual fire insur- 
 ance company to assessment. 32 L.R.A. 
 496. 
 
 Assignability of insurance agent's right to 
 commissions on renewal premiums. 18 
 L.R.A. (N.S.) 193.
 
 734 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, V. 1, 1 cont'd 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 provision as to premiums. 38 L.R.A. 
 (N.S.) 789. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 liability to assessment. 67 L.R.A. 715. 
 
 111. Premium notes. 
 
 Failure of executory consideration for note 
 as affecting purchaser of note with 
 knowledge of the character of the con- 
 sideration. 46 L.R.A.(N.S.) 871. 
 
 Promissory note as payment of insurance 
 premium. 5 B. R. C. 365. 
 
 Liability of members of mutual fire in- 
 surance company on. 32 L.R.A. 483. 
 
 Failure to pay interest on notes in case 
 of paid'up policy. 15 L.R.A. 452. 
 
 Payment of outstanding notes in case of 
 paid-up policy. 15 L.R.A. 452. 
 
 Suits on premium notes when foreign cor- 
 poration has not complied with stat- 
 ute as to doing business in state. 20 
 L.R.A. 407. 
 
 When statute of limitations begins to run 
 against unpaid balance on premium or 
 ".stock" notes of mutual insurance com- 
 pany. 1 L.R.A.(N.S.) 914. 
 
 Grace for payment of premium after ma- 
 turity of premium note. L.R.A.1917C, 
 921. 
 
 2. Payment of. 
 
 112. Generally. 
 
 Forfeiture for nonpayment, see supra, 
 107, 108. 
 
 Payment by note, see supra, 111. 
 
 Waiver of forfeiture by accepting, see in- 
 fra, VII. 
 
 Effect of presumption of death from ab- 
 sence upon payment of premiums. 
 L.R.A.1918B, 93. 
 
 Effect of recital in policy of receipt of first 
 premium. L.R.A.1918A, 308. 
 
 Insurance agent as agent of assured as to 
 payment. 20 L.R.A. 286. 
 
 Insurance broker as agent for insured as 
 to payment. 38 L.R.A. (N.S.) 616. 
 
 Payment of outstanding premium notes as 
 condition to obtaining paid-up pol- 
 icy. 15 L.R.A. 452. 
 
 Priority of claim for premiums against 
 property in hands of receiver. 2 L.R.A. 
 (N.S.) 1051. 
 
 Validity of assignment of interest in life 
 insurance policy to one paying pre- 
 mium. 3 L.R.A. (N.S.) 935; 33 L.R.A. 
 (N.S.) 949. 
 
 Payment of insurance premium by cancela- 
 tion of agent's indebtedness. 
 L.R.A.1915A, 686. 
 
 Check or draft as payment of insurance 
 premium. L.R.A.1916A, 674. 
 
 Liability of mortgagee under mortgage 
 clause for insurance premium. L.R.A. 
 1917F, 379. 
 
 Begin icith this took on every law question. 
 
 INSURANCE, V. 1, 2 cont'd 
 
 When mortgagor is excused from noncom- 
 pliance with his undertaking to pay 
 insurance premiums. L.R.A.1917D, 
 555. 
 
 113. Time of. 
 
 First and last days in computing time of 
 payment for reinstatement. 49 L.R.A. 
 208. 
 
 Grace for payment of premium after ma- 
 turity of premium note. L.R.A.1917C y 
 921; 5 B. R. C. 434. 
 
 Computation of days of grace allowed for 
 payment of insurance premium or as- 
 sessment, where date of payment or 
 expiration of such period falls on Sun- 
 day or a holiday. 23 L.R.A. (N.S.) 
 759. 
 
 114. after death of insured. 
 
 Payment of premium after death to keep 
 insurance in force. 14 L.R.A. 283. 
 
 Validity of payment of premium or assess- 
 ment during period of extension agreed 
 upon, but after insured's death. 2 
 B. R. C. 191. 
 
 Recovery back of premiums or assessments 
 paid after insured's death or disap- 
 pearance. L.R.A.1918D, 1188. 
 
 115. What may be applied on. 
 
 Application of accrued benefits upon dues 
 or assessments accruing on a benefit 
 certificate. 55 L.R.A. 605. 
 
 Effect of provision that deficiency in assess- 
 ment may be paid from reserve or 
 emergency fund. 10 L.R.A. (N.S.) 264. 
 
 Does existence of indebtedness from insurer 
 to insured in an amount sufficient to 
 pay premium or assessment prevent 
 forfeiture of policy for nonpayment of 
 premium. 23 L.R.A. (N.S.) 304; L.R.A. 
 1918D, 1014. 
 
 Allowance to applicant of agent's commis- 
 sion as payment of premium. 8 L.R.A. 
 (N.S.) 884. 
 
 Commercial paper as payment of premium. 
 35 L.R.A. (N.S.) 84. 
 
 3. Return of; recovery back. 
 
 116. Generally. 
 
 Action to recover premiums paid on life 
 of adult insured without his consent. 
 56 L.R.A. 586; L.R.A.1918F, 574. 
 
 Right to return of premiums on adjudica- 
 tion of insolvency of insurer. lf> 
 L.R.A.(N.S.) 639. 
 
 Repayment of return premiums to members 
 of mutual fire insurance companies. 
 32 L.R.A. 488. 
 
 Liability of members of mutual fire insur- 
 ance company for return premiums. 
 32 L.R.A. 488. 
 
 Recovery back of premiums or assessments 
 paid after insured's death or disappear- 
 ance. L.R.A.1918D, 1188.
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, V. 1, 3 cont'd 
 117. Where policy is void or void- 
 able. 
 
 Return of assessment on benefit certificate 
 proving void for fraud. 3 L.R.A. (N.S.) 
 114. 
 
 Right of insured to return of premium 
 where policy is void or voidable 
 because of misrepresentations on 
 his part. 32 L.R.A. (N.S.) 298. 
 
 Right of holder of policy to recover pre- 
 miums paid upon the faith of the 
 agent's false representation, notwith- 
 standing part performance. 3 B. R. C. 
 852. 
 
 Right to recover premiums paid on policy 
 which is invalid for want of insurable 
 interest. 3 B. R. C. 839; L.R.A.1917A, 
 477. 
 
 118. On cancelation or rescission of 
 policy. 
 
 Return as condition of cancelation, see 
 supra, 51. 
 
 Breach of agreement of insurer to make 
 loan on policy as justifying rescission 
 and recovery of premiums by insured. 
 30 L.R.A.(N.S.) 1202. 
 
 Right of insured to return of premium 
 where insurer -seeks rescission on 
 ground of misrepresentation by in- 
 sured. 32 L.R.A. (N.S.) 299. 
 
 4. Rates. 
 
 119. Generally. 
 
 Power of legislature to regulate life in- 
 surance rates. 37 L.R.A.(N.S.) 778. 
 
 Right of mutual benefit society to increase 
 rates. 7 L.R.A. (N.S.) 1154: 31 L.R.A. 
 (N.S.) 417; L.R.A.1916A, 762. 
 
 Effect of discrimination among insurants 
 upon the contract of insurance and its 
 incidents. 35 L.R.A.(N.S.) 485; 49 
 L.R.A.(N.S.) 147. 
 
 FJ. Transfer of policy or interest 
 therein. 
 
 a. Assignment generally. 
 
 120. Generally. 
 
 Conflict of laws as to. 63 L.R.A. 858; 23 
 L.R.A.(N.S.) 978; 52" L.R.A. (N.S.) 
 281. 
 
 Transferees of policy or property as mem- 
 bers of mutual fire insurance company. 
 32 L.R.A. 482. 
 
 Insanity as affecting condition as to suicide 
 in case of assigned policies. 35 L.R.A. 
 266. 
 
 Variance between assignment of policy and 
 insurer's consent thereto. 42 L.R.A. 
 (N.S.) 173. 
 
 Assignment of insurance on animal. 44 
 L.R.A. (N.S.) 575. 
 
 Right of recovery under facility of payment 
 clause in industrial life policy in case 
 of assignment of policy. L.R.A.1916F, 
 4(57. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, VI. a cont'd 
 
 Assignment of policy of life insurance as 
 affected by death of assignee before in- 
 sured. L.R.A.1916F, 785. 
 
 Assignment of policy of life insurance, in 
 ignorance of the death of the insured, 
 as subject to rescission as having been 
 made under a mistake of fact. 5 B. 
 R. C. 797. 
 
 Right of assignee of policy of life insur- 
 ance to exercise options. L.R.A.1918C, 
 570. 
 
 121. Assignability. 
 
 Effect of consent after loss to assignment of 
 fire policy. L.R.A.1917F, 1042. 
 
 122. Validity of assignment. 
 
 Validity of assignment of interest in life 
 insurance policy to one paying 
 premiums. 3 L.R.A. (N.S.) 935; 
 33 L.R.A.(N.S.) 949. 
 
 Validity of assignment of life insurance 
 policy to one having no insurable in- 
 terest where the assignment is not 
 made by way of cover for a wager 
 policy. 6 L.R.A.(N.S.) 128. 
 
 Validity of assignment of insurance policies 
 to persons to be named in will. 27 
 L.R.A.(N.S.) 184. 
 
 Voidability of assignment of policy within 
 four months of bankruptcy pursuant 
 to executory agreement antedating such 
 period. 17 L.R.A. (N.S.) 939. 
 
 Right of one to whom policy of life or bene- 
 fit insurance was assigned by insured 
 to proceeds where provisions as to 
 change of beneficiary were not complied 
 with. L.R.A.1916A, 877. 
 
 Assignment as collateral security for a debt 
 as within provision against assignment 
 of policy. L.R.A.1918D, 1160. 
 
 123. In case of bankruptcy or insol- 
 vency. 
 
 Assigned life insurance policy as assets of 
 
 bankrupt. 26 L.R.A. (N.S.) 460. 
 Life insurance as assets of assignee on his 
 
 bankruptcy or insolvency. 50 L.R.A. 
 
 46. 
 Policy assigned to other than creditors as 
 
 assets of insured on bankruptcy or 
 
 insolvency. 50 L.R.A. 43. 
 
 124. To creditor. 
 
 Policy assigned to creditor as assets of 
 insured on bankruptcy or insolvency. 
 50 L.R.A. 37. 
 
 Assignment as collateral security to one 
 paying premiums. 3 L.R.A. 951. 
 
 125. Effect on assignee of assignor ' 
 acts of forfeiture. 
 
 Prior acts. 18 L.R.A. 136. 
 
 Subsequent acts. 18 L.R.A. 137. 
 
 Assignment after loss. 18 L.R.A. 138. 
 
 Effect of breach of policy by grantor on 
 rights of mortgagee to whom policy 
 has been assigned. 18 L.R.A. (N.S.) 
 197.
 
 ,36 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, VI. a cont'd 
 126. Power of insured to destroy 
 rights of beneficiary. 
 
 In cases of regular life policies. 49 L.R.A. 
 
 737. 
 In cases of benefit societies. 49 L.R.A. 749. 
 
 b. Change of beneficiary. 
 
 127. Generally. 
 
 Surrender of policy without beneficiary's 
 consent, see supra, 54. 
 
 Power of insured to destroy rights of bene- 
 ficiary, see supra, 126. 
 
 Conflict of laws as to. 63 L.R.A. 862. 
 
 Statute permitting change of beneficiary as 
 affecting rights of beneficiary under 
 policy previously issued. 8 L.R.A. 
 (N.S.) 923. 
 
 Effect of death of assured before contem- 
 plated change of beneficiary is com- 
 plete. 34 L.R.A. (N.S.) 277; L.R.A. 
 1915A, 580. 
 
 Beneficiary's consent to designation of new 
 beneficiary as affecting his right to 
 question validity thereof. L.R.A.1915A, 
 872. 
 
 Marriage of insured as affecting previous 
 designation of beneficiary. 49 L.R.A. 
 (N.S.) 141. 
 
 Rights and remedies of prior beneficiary 
 where insured was mentally incompe- 
 tent when he made a change of bene- 
 ficiaries, or a change was accomplished 
 by fraud or undue influence. L.R.A. 
 1916C, 1132. 
 
 128. Right to change. 
 
 By will. 4 L.R.A.(N.S.) 939; 42 L.R.A. 
 
 (N.S.) 1161. 
 As affected by consideration from beneficiary 
 
 originally named. 12 L.R.A. (N.S.) 
 
 1206; 33 L.R.A (N.S.) 773; L.R.A. 
 
 1918E, 1033. 
 Constitutionality of statute forbidding 
 
 change. 49 L.R.A.(N.S.) 487. 
 Necessity of insurer's consent to change of 
 beneficiary. L.R.A.1915A, 109. 
 
 129. Mode of change. 
 
 Changing designation in benefit certificate 
 otherwise than in prescribed 
 method. 15 L.R.A. 350. 
 
 Right of one to whom policy of life or bene- 
 fit insurance was assigned by insured 
 to proceeds where provision as to 
 change of beneficiaries was not com- 
 plied with. L.R.A.1916A, 877. 
 
 Right of original beneficiary in ordinary life 
 policy to insist upon compliance with 
 provisions governing change of bene- 
 ficiary. L.R.A.1918F, 311. 
 
 VII. Estoppel; waiver, 
 a. Of insured. 
 
 130. Generally. 
 
 Waiver of return of unearned premium as 
 a condition of cancelation of insurance. 
 13 L.R.A.(N.S.) 889; L.R.A.1916F, 446. 
 
 Effect of delay in seeking relief from mis- 
 take in insurance contract. 28 L.R.A. 
 (N.S.) 890. 
 
 Begin with this booh on every law question. 
 
 INSURANCE, VII. a cont'd 
 
 131. Retention of policy as waiver of 
 
 mistake or fraud of insurer or its 
 
 agent. 
 
 Generally. 67 L.R.A. 705. 
 Time of misrepresentation. 67 L.R.A. 706. 
 Mistake or fraud as to terms of policy. 
 67 L.R.A. 708; 38 L.R.A. (N.S*; 
 787. 
 Mistake or fraud as to facts disclosed by 
 
 the insured. 67 L.R.A. 721. 
 Mistake or fraud as to matters outside of 
 the policy and application. 67 L.R.A. 
 738. 
 Effect of retention by other than insured. 
 
 67 L.R.A. 739. 
 Effect of insured's illiteracv. 67 L.R.A. 
 
 740. 
 Retention with knowledge of defect. 67 
 
 L.R.A. 741. 
 
 Distinction between action ati law and suit 
 in equity. 67 L.R.A. 744. 
 
 ft. Of insurer. 
 1. In general. 
 
 132. Generally. 
 
 In case of paid-up and non-forfeiting poli- 
 cies of life insurance. 15 L.R.A. 454. 
 
 Waiver of conditions of reinstatement of 
 member of benefit society. L.R.A.1917C, 
 260. 
 
 Waiver of forfeiture for nonpayment of 
 premium note or estoppel to assert it. 
 5 B. R. C. 410. 
 
 Refusal to deliver policy as agreed, or re- 
 pudiation of contract, as waiving right 
 to insist upon compliance with terms 
 and conditions of usual written policy. 
 48 L.R.A. (N.S.) 324. 
 
 Waiver of provision in employers' liability 
 or other indemnity policies requiring 
 immediate notice of accident, claim, or 
 suit. 3 B. R. C. 723. 
 
 Waiver of conditions in policv on animals. 
 44 L.R.A. (N.S.) 578. 
 
 Waiver of provision that the working of 
 mechanics shall avoid the policy. 44 
 L.R.A. (N.S.) 151. 
 
 To deny liability on policv against burglary 
 or theft. 46 L.R.A. ("N.S.) 573; L.R.A. 
 1918B, 574. 
 
 Vacancy permit as a waiver of previous 
 vacancy. 47 L.R.A. (N.S.) 619. 
 
 Effect of knowledge of agent that prohibited 
 articles were kept on insured premises. 
 L.R.A.1917C, 294. 
 
 Furnishing blanks for proofs of loss or 
 claim as a waiver of breaches of con- 
 dition or forfeiture. L.R.A. 1917A, 1065. 
 
 Waiver of condition as to location of prop- 
 erty. 26 L.R.A. 242. 
 
 May a breach of an insurance policy which 
 ipso facto terminates it be waived. 25 
 L.R.A. (N.S.) 78. 
 
 Estoppel of mutual benefit society by mis- 
 representations as to laws of the order. 
 14 L.R.A. (N.S.) 540. 
 
 Waiver by subordinate lodge of right of 
 benefit assocation to insist upon for- 
 feiture of benefit because of violation 
 of laws of association. 10 L.R.A. (N.S.) 
 136.
 
 INDEX TO L.R.A. NOTES. 
 
 737 
 
 INSURANCE, VII. b, 1 cont'd 
 
 Waiver of return of unearned premium as 
 
 a condition of cancelation of insurance. 
 
 13 L.R.A.(N.S.) 889. 
 Of change of beneficiary in otherwise than 
 
 by prescribed method. 15 L.R.A. 350. 
 
 133. By failure to speak or act after 
 notice of breach. 
 
 Does failure of the insurer to speak or act 
 after notice of breach of policy 
 constitute a waiver thereof. 25 
 L.R.A. (N.S.) 1; 51 L.R.A.(N.S.) 
 261. 
 
 134. By acceptance or attempt to 
 collect premium. 
 
 Acceptance of premiums as waiver of pro- 
 vision of policy as to form of receipt 
 therefor. 18 L.R.A. (N.S.) 1219. 
 
 Unsuccessful attempt to collect premium as 
 waiver of forfeiture. 18 L.R.A. (N.S.) 
 902; 44 L.R.A. (N.S.) 371. 
 
 Waiver of provision as to change of occu- 
 pation by continued recejpt of dues. 
 27 L.R.A.' (N.S.) 446; L.R.A.1916F, 755. 
 
 Effect of acceptance or retention of pre- 
 mium on stipulation that policy shall 
 not become binding unless delivered to 
 assured while in good health. 43 L.R.A. 
 (N.S.) 728; L.R.A.1916F, 176. 
 
 Option of insurer to refuse renewal pre- 
 miums on accident policy as bearing 
 upon effect of receipt of premium? after 
 due as a waiver. L.R.A.1918D, 1129. 
 
 135. As to books, papers, and vouch- 
 ers. 
 
 Of condition as to keeping books and 
 vouchers. 51 L.R.A. 702. 
 
 Of condition as to production of books 
 and papers. 51 L.R.A. 708. 
 
 Of condition as to keeping books and 
 vouchers in safe, or safe place. 51 
 L.R.A. 713; L.R.A.1915F, 759. 
 
 136. As to other insurance. 
 
 Waiver of false representations as to 
 previous applications for insurance by 
 receipt of defective answer. 55 L.R.A. 
 130. 
 
 Waiver of forfeiture because of false rep- 
 resentations as to previous applica- 
 tions. 55 L.R.A. 134. 
 
 Notice from taking previous application as 
 waiver of false representation with re- 
 spect to previous applications for life 
 or mutual benefit insurance. L.R.A. 
 1916A, 982. 
 
 Pro rata clause as waiver of provision 
 against additional insurance. L.R.A. 
 1918C, 343. 
 
 137. As to arbitration. 
 
 Waiver of condition as to arbitration. 15 
 L.R.A. (N.S.) 1072. 
 
 138. As to proof of loss. 
 
 Waiver of notice and statement of loss, 8 
 L.R.A. 76*. 
 
 Consult also L.R.A. Digests of Cases. 47 
 
 | INSURANCE, VII. b, 1 cont'd 
 139. Conditions at inception of pol- 
 icy. 
 
 Effect of nonwaiver agreement on conditions 
 exist/ing at inception of insurance 
 policy. 13 L.R.A. (N.S.) 826. 
 
 Waiver of irregularities attending admis- 
 sion to membership in order as affect- 
 ing action on benefit certificate. 49 
 L.R.A. (N.S.) 902. 
 
 Effect of notice to agent of presence of pro- 
 hibited articles on premises. 3 B. R. 
 C. 43; L.R.A.1917C, 294. 
 
 140. against policy becoming bind- 
 ing unless delivered to assured 
 while in good health. 
 
 Waiver of stipulation in policy that it shall 
 not become binding unless delivered 
 to assured while in good health. 
 17 L.R.A. (N.S.) 1149; 43 L.R.A. 
 (N.S.) 727; L.R.A.1916F, 171. 
 
 2. By agent or officer. 
 
 % 141. Generally. 
 
 When insurance agent is agent of assured 
 as to waiver of conditions in policy. 2Q 
 L.R.A. 285. 
 
 Waiver by officer of subordinate lodge of 
 forfeiture for nonpayment of. as- 
 sessments. 4 L.R.A.(N.S.) "421; 
 38 L.R.A.(N.S.) 571; L.R.A.1915E, 
 152. 
 
 Power of agent to waive provision in fire 
 policy requiring the keeping of books 
 and vouchers in a safe or safe place. 
 L.R.A.1915F, 760. 
 
 142. Forfeitures occurring after is- 
 suance of policy and before loss. 
 
 Power of agents to bind insurer by oral 
 waiver or estoppel in pais as to 
 forfeitures occurring after issuance 
 of policy and before loss, under 
 policies of insurance requiring con- 
 sent or waiver to be in writing. 10 
 L.R.A.(N.S.) 1064. 
 
 143. Knowledge, fraud, or mistake 
 of agent. 
 
 Effect of knowledge of agent acting in two 
 capacities. 3 L.R.A.(N.S.) 444. 
 
 Effect of insurance broker's knowledge of 
 misstatements in application. 38 L.R.A. 
 (N.S.) 634. 
 
 Effect of knowledge by insurer's agent of 
 falsity of statements in applica- 
 tion. 16 L.R.A. 33. 
 
 Effect of agent's insertion in the applica- 
 tion of false answers to questions cor- 
 rectly answered by the insured. 4 
 L.R.A.(N.S.) 607; L.R.A.1915A, 273. 
 
 Bad faith of assured as affecting estoppel 
 of insurer to set up falsity of answers 
 in application, because of agent's knowl- 
 edge of such falsity. 14 L.R.A. (N.S.) 
 280. 
 
 Provisions of insurance policy in respect to 
 vacancy, as affected by agent's repre- 
 sentations or knowledge. 4 L.R.A. 
 (N.S.) 758.
 
 738 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, VII. b, 2 cont'd 
 
 Effect of insurance agent's mistake in desig- 
 nating location of property. 2 L.R.A. 
 (N.S.) 548. 
 
 Parol evidence rule as affected by waiver or 
 estoppel in case of fraud or mistake of 
 agent preparing application. 10 L.R.A. 
 (N.S.) 1233. 
 
 3. Parol-evidence rule. 
 
 144. Generally. 
 
 The parol-evidence rule as to varying or 
 contradicting written contracts, as 
 affected by the doctrine of waiver 
 or estoppel as applied to policies 
 of insurance. 16 L.R. A. (N.S.) 
 1165. 
 
 VIII. The 
 
 loss and Us 
 remedies. 
 
 adjustment; 
 
 a. Notice and proofs of loss or death. 
 
 145. Generally. 
 
 Waiver or estoppel as to, see supra, 138. 
 "Under employer's indemnity policy, see 
 infra, 216. 
 
 Conflict of laws as to. 63 L.R.A. 862; 23 
 L.R.A.(N.S.) 978. 
 
 Proof of loss in case of Lloyd's policies. 55 
 L.R .A. 200. 
 
 Admissibility of statements of attending 
 physician as to physical condition of 
 insured. 38 L.R.A. (N.S.) 344. 
 
 Admissibility of coroner's finding to show 
 cause o*f death. 68 L.R.A. 288; 45 
 L.R.A. (N.S.) 404; L.R.A.1918E, 924. 
 
 Fraud or false swearing by agent of in- 
 sured in making proofs of loss. 52 
 L.R.A.(N.S.) 1074. 
 
 Effect of fraud by agent ex necessitate in 
 making proofs of loss under fire insur- 
 ance policy. 9 L.R.A. (N.S.) 485. 
 
 Furnishing proofs of loss not under oath as 
 substantial compliance with policy re- 
 quiring proofs under oath. 28 L.R.A. 
 (N.S.) 651. 
 
 INSURANCE, VIII. a cont'd 
 
 Notice and proofs of loss in case of insur- 
 ance against burglary and theft. 46- 
 L.R.A. (N.S.) 571; L.R.A.1918B, 573. 
 
 146. Time for: delay. 
 
 Waiver by delay, see supra, 138. 
 
 Forfeiture by failure to furnish proofs of 
 loss within a stipulated time. IS 
 L.R.A. 85. 
 
 Effect of failure to give notice or make 
 proof of loss within time required 
 in policy in the absence of forfeit- 
 ure clause. L.R.A.1915F. 1210. 
 
 When delay in giving notice or making proof 
 of death under policy of life insurance 
 is excusable. 4] L.R.A.(N.S.) 285. 
 
 When strict compliance with requirement as 
 to time of notice in accident or health 
 policy is excused. 18 L.R.A. (N.S.) 
 109; 27 L.R.A.CN.S.) 319. 
 
 Validity of provision of accident or health 
 policy requiring notice of accident or 
 sickness within specified time. IS 
 L.R.A.(N.S.) 106. 
 
 Nondevelopment of injury as affecting time 
 for giving the notice required by an 
 accident insurance policy. 14 L.R.A. 
 (N.S.) 503. 
 
 Delay in giving notice of claim under em- 
 ployers' indemnity policy. 38 L.R.A. 
 (N'.S.) 62; 47 L.R.A. (N.S.) 1214. 
 
 Effect of presumption of death from absence 
 upon time for filing proofs. 26 L.R.A. 
 (N.S.) 294; L.R.A.1915B, 756; L.R.A. 
 1918B, 93. 
 
 147. Effect on mortgagee of mort- 
 gagor's failure to give. 
 
 Effect of failure of mortgagor to give notice 
 or proof of loss upon right of mortgagee 
 to recover under the policy. 14 L.R.A. 
 (N.S.) 459. 
 
 148. Effect of false swearing in. 
 
 In general. 32 L.R.A. (N.S.) 453. 
 Overvaluation of property destroyed. 
 
 L.R.A. (N.S.) 450. 
 Title of assured to property destroyed. 
 
 L.R.A. (N.S.) 457. 
 
 32 
 32 
 
 Fraudulent intent. 32 L.R.A. (N.S.) 459. 
 Injury to insurer. 32 L.R.A. (N.S.) 459. 
 False swearing as to part only of subject of 
 insurance. 32 L.R.A. (N.S.) 460." 
 
 32 L.R.A. (N.S.) 461. 
 
 ,, 7 . - ,.,. , i .... , JJ.IX.A. i rN.o.j <y/. 
 
 Waiver of condition as to arbitration by ac- , Including prope rtv not destroyed. 32 L.R.A. 
 
 ceptmg proof of loss, lo L.R.A. (N.S.) f\rq Taivr 
 
 -. _ ^r.o.; t.) i . 
 
 T? i- ui , * r , Miscellaneous. 32 L.R.A. (N.S.) 458. 
 
 Furnishing blanks for proofs of loss or Mate riality of false statements. 32 L.R.A. 
 
 claim as a waiver of breaches of condi- ] /xr o \ A*Q 
 
 tion or forfeiture. L.R.A.1917A, 1065. ' 
 When is insured charged with knowledge of 
 
 accident, so as to require him to give 
 
 notice thereof, as provided by a policy 
 
 . , . - Jlllj*' i. i IllOlll M-Itl^V 
 
 indemnifying against Lability for per- Misce ii ane ous cases. 
 
 s*onfu injuries to others. 16 L.R.A. t 
 
 (N.S.) 400. 
 Insanity or sickness of insured as excuse 
 
 for failure to give notice or furnish 
 
 proofs of loss as required by policy of 
 
 fire insurance. L.R.A.1917A, 305. 
 Proofs of loss as waiver of privilege as to 
 
 communications between physician and 
 
 patient. 48 L.R. A. (N.S.) 401. 
 Notice of sickness or death of insured ani- 
 mal. 44 L.R.A.(K.S.) 572. 
 Jiff/in with this bool* on every Jan' question. 
 
 149. Oonclusiveness of, 
 insured or beneficiary. 
 
 General rule. 44 L.R-.A. 846. 
 In life insurance. 44 L.R.A. 850. 
 In fire insurance. 44 L.R.A. 856. 
 
 as against 
 
 150. Duty of 
 
 exumiiiatioii 
 
 tion. 
 Generally. 52 L.R.A. 424. 
 
 insured to submit to- 
 and furnish informa-
 
 INDEX TO L.R.A. NOTES. 
 
 739 
 
 INSURANCE, VIII. a cont'd 
 
 Validity of the requirement for an examina- 
 tion, and effect of refusal. 52 L.R.A. 
 425. 
 
 Sufficiency of the demand. 52 L.R.A. 425. 
 
 Place of examination. 52 L.R.A. 420. 
 
 Manner of examination; right to have attor- 
 ney present. 52 L.R.A. 426. 
 
 Excuses for failure to submit to examina- 
 tion or to answer questions. 52 L.R.A. 
 426. 
 
 What questions must be answered. 52 
 L.R.A. 427. 
 
 Number of examinations. 52 L.R.A. 427. 
 
 ft. Submission to arbitration; adjust- 
 ment of loss; appraisal. 
 
 151. Generally. 
 
 Waiver of provision as to, see supra, 137. 
 
 Arbitration of claim under policy on 
 animals. 44 L.R.A. (N.S.) 579. 
 
 Effect of failure of arbitration. 4 L.R.A. 
 (N.S.) 288. 
 
 Effect of award under terms of policy upon 
 mortgagee not a party thereto. 25 
 L.R.A.(N.S.) 740. 
 
 Liability of reinsurer in case of adjustment 
 of loss by reinsured. 8 L.R.A. (N.S.) 
 855. 
 
 Valuation and adjustment of claims against 
 insolvent company. 38 L.R.A. 100. 
 
 Time within which demand for arbitration, 
 appraisal, inspection, or reinspectioii 
 must be made. L.R.A.1917A, 1086. 
 
 Settlement under accident policy under mis- 
 take as to the extent of the injury. 
 L.R.A.1918E, 931. 
 
 152. As condition precedent to 
 action on policy. 
 
 In general. 15 L.R.A. (N.S.) 1055; 28 
 
 L.R.A.(N.S.) 104. 
 Validity of provision. 15 L.R.A.(N.S.) 
 
 1055. 
 Occasion of appraisal or arbitration. 15 
 
 L.R.A. (N.S.) 1059. 
 Requiring compliance with condition. 15 
 
 L.R.A.(N.S.) 1067. 
 Effect of failure of arbitration due to act ! 
 
 of insured. 15 L.R.A.(N.S.) 1071.1 
 Waiver of condition. 15 L.R.A.(N.S.) 1072.1 
 
 i 
 
 152a. Kijiht to introduce evidence 
 before appraisers. 
 
 Rule where property totally destroyed. 47 
 L.R.A. (X.S.) 1193. 
 
 Where property not totally destroyed. 47 
 L.R.A. (N.S.) 1194. 
 
 Where appraisers are chosen because of pe- 
 culiar knowledge. 47 L.R.A. (N.S.) 
 1196. 
 
 Rule as to umpire chosen bv appraisers. 47 
 L.R.A. (N.S.) 1197. 
 
 Miscellaneous. 47 L.R.A.(N.S-) 1197. 
 
 1521). Qualifications of appraisers. 
 
 Qualifications of appraisers appointed pur- 
 suant to statute or provision of lire in- 
 surance policy. .V2 L.R.A. (X.S.) 497. 
 
 Consult also 7,.R. A. Digests of Cases. 
 
 INSURANCE, VIII. cont'd 
 
 c. Risks and causes of Joss, injury, or 
 death. 
 
 1. Under polieies covering property. 
 
 153. Generally. 
 
 Electric between causes of loss in case of 
 property insurance. L.R.A.1918F, 1J97. 
 
 Cause of death of insured animals. 44 
 L.R.A.(N.S.) 570, 571. 
 
 Conchisiveness of statements as to, in proofs 
 of loss. 44 L.R.A. 856. 
 
 For what losses or obligations are mom hers 
 of mutual lire insurance company li- 
 able. 32 L.R.A. 483. 
 
 Custom to pay certain class of losses as af- 
 fecting liability of insurer for such a 
 loss not covered bv the policy. 19 
 L.R.A.(N.S.) 421. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or agent as to 
 provisions as to risks insured against. 
 67 L.R.A. 711. 
 
 Loss by lightning. 26 L.R.A. 267: 
 
 Loss caused by excessive heat, smoke, or eoot 
 from heating apparatus .without actual 
 ignition. 25 L.R.A.(N.S.) 501. 
 
 Meaning of "cyclone," "tornado," or other 
 kind of wind storm, in an .insurance 
 policy. 8 L.R.A.(N.S.) 308; L.R.A. 
 191 5B, 1094. 
 
 Liability of insurer for fire caused bv -earth- 
 quake. 21 L.R.A. (N.S.)" 103. 
 
 Loss by theft during fire. 35 L.R.A. (N.S.) 
 892. 
 
 Liability of insurer for property .destroyed 
 by inob or during riot. 20 L.R^MXX >. 
 277. 
 
 Scope and effect of provision exempting in- 
 surer from loss caused by military or 
 usurped power or order of civil authori- 
 ty, etc. 36 L.R.A.(N.S.) 1155. 
 
 Scope and effect of clause in fire insurance 
 policy exempting insurer from liability 
 for loss by fire from or occasioned by 
 locomotive engines. 51 L.R.A.(N.S.) 
 518. 
 
 154. Fall of building. 
 
 Fall of building clause in fire ' insurance 
 policies. 32 L.R.A. (N.S.) 604; L.R.A. 
 191 7F, 1064. 
 
 155. Destruction by insured. 
 
 Liability of insurance company in case of 
 intentional destruction of property by 
 insured. 17 L.R.A.'( N.S. ) 189. 
 
 ' 156. Explosion. 
 
 i Generally. 19 L.R.A. 594; 38 L.R.A.fK.S.; 
 
 474.' 
 
 j Express provisions against losses from ex- 
 plosion*. 19 L.R.A. 595. i 
 
 Insurance against explosions. 19 L.R.A. 
 598. 
 
 Marine policies. 19 L.R.A. 598. 
 
 Similar cases. 19 L.R.A. 598. 
 
 Fire insurance. 38 L.R.A. (N.S.) 475. 
 
 Explosion clause in fire insurance policy. 
 32 L.R.A. (X.S. i 007. 
 
 Effect of escape and explosion of gas upon 
 liabilitv of insurer. 29 L.R.A. 359.
 
 740 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, VIII. c, 1 cont'd 
 157. Marine insurance. 
 
 Risk insured against by policy on profits 
 from marine adventures. L.R.A.1917C, 
 732. 
 
 Liability of insurer for loss caused by ex- 
 plosion. 19 L.R.A. 594; 38 L.R.A. 
 . (N.S.) 474. 
 
 Right to recover under "sue and labor" 
 clause in policy of marine insurance, 
 for moving cargo overland. 14 L.R.A. 
 (N.S.) 1161. 
 
 Liability of insurer under policy of marine 
 insurance for losses arising out of 
 state of war. 5 B. R. C. 4. 
 
 Effect of navigating in forbidden waters in 
 case of loss within waters covered bv 
 policy. 10 L.R.A. (N.S.) 742. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 voyage covered by marine policy. 67 
 L.R.A. 723. 
 
 g 158. effect of voluntary exposure 
 to peril. 
 
 In case of life or accident policy, see in- 
 fra, 164. 
 
 Omission to employ pilot. 1 L.R.A. (N.S.) 
 
 1095. 
 Voluntary standing. 
 
 1 L;R.A.(N.S.) 1097. 
 
 Running into danger of capture. 1 L.R.A. 
 . (N.S.) 1097. 
 
 When peril incurred is prohibited by stat- 
 ute. 1 L.R.A. (N.S.) 1098. 
 
 When peril is incurred in obeying govern- 
 mental command. 1 L.R.A/(N.S.) 1098. 
 
 When peril incurred was not proximate 
 cause. 1 L.R.A.(N.S.) 1098. 
 
 Barratrous conduct. 1 L.R.A. (N.S.) 1098. 
 
 Miscellaneous cases. 1 L.R.A. (N.S.) 1098. 
 
 2. Under life, accident, or liealth 
 policies. 
 
 (a) In general. 
 
 % 159. Generally. 
 
 By employer's indemnity policy, see infra, 
 214. 
 
 Validity and construction of provision re- 
 quiring the fact or circumstances of 
 loss to be established by eyewitness. 
 51 L.R.A. (N.S.) 221; L.R.*A.1918F, 420. 
 
 Interchangeableness of "or" and "and" in 
 provision in insurance policy relating 
 to cause or circumstances of death. 
 L.R.A:i915E, 695. 
 
 Liability under accident policy for condi- 
 tion caused by external infection with- 
 out cut or abrasion. 42 L.R.A. (N.S.) 
 140. 
 
 Liability for death by drowning. 42 L.R.A. 
 * (N.S.) 631. 
 
 Previous diseased condition as affecting lia- 
 bility for death or injury from acci- 
 dent. 34 L.R.A. (N.S.) 445. 
 
 Applicability of provisions in accident pol- 
 icy, exempting insurer or limiting its 
 liability for disability arising from a 
 specified condition, when such condition 
 is itself the result of an accident occur- 
 ring after the issuance of the policy. 
 8 L.R.A. (N.S.) 1014; L.R.A.1916B, 621. 
 
 INSURANVE, VIII. c, 2, (a) cont'd 
 
 Liability under accident policy excepting or 
 limiting liability for loss resulting from 
 disease where diseased condition results 
 from accident. 6 B. R. C. 530. 
 
 War casualties as within accident insurance. 
 L.R.A.1918C, 130. 
 
 Duty of insured to negative death or acci- 
 dent from excepted cause. 4 L.R.A. 
 (N.S.) 636; 50 L.R.A. (N.S.) 1006. 
 
 Admissibility of finding of coroner to show 
 cause of death. 68 L.R.A. 288; 45 
 L.R.A.(N.S.) 405; L.R.A.1918E, 924. 
 
 Conclusiveness of proofs of loss as to. 44 
 L.R.A. 853. 
 
 Nature and circumstances of injury as af 
 fecting right to share in insurance fund 
 for policeman and firemen. 20 L.R.A. 
 (N.S.) 1176. 
 
 Retention of policy as waiver of mistake or 
 fraud of insurer or agent as to provi- 
 sion as to risks insured against. 67 
 L.R.A. 711. 
 
 Losses covered by policy providing for pay- 
 ment of sick-benefit. L.R.A.1918B, 642. 
 
 160. Blood poisoning. 
 
 Liability on accident policy for sickness or 
 
 death caused by. 5 L.R.A. (N.S.) 926; 
 
 L.R.A.1917A, 1056. 
 Recovery for, under policy providing for 
 
 payment of sick benefits. L.R.A.1918B, 
 
 645. 
 
 161. Sunstroke. 
 
 Risks covered by insurance against sun- 
 
 stroke. 6 L.R.A. (N.S.) 
 1916E, 957. 
 
 609; L.R.A. 
 
 Her/in with this book on every law question. 
 
 16 la. Asphyxiation. 
 
 Liability of company for death of insured 
 from. 30 L.R.A. 212; 2 L.R.A. (N.S.) 
 168; L.R.A.1917D, 740. 
 
 162. Wrong medical treatment or 
 surgical operation. 
 
 Liability under accident policy for death or 
 injury resulting from surgical opera- 
 tion or medical treatment. 26 L.R.A. 
 (N.S.) 1004; L.R.A.1915E, 955. 
 
 163. Injury from exertion or strain. 
 
 Right to compensation on accident policy 
 for injury resulting from exertion 
 or strain. 2 B. R. C. 367. 
 
 164. Voluntary exposure to unneces- 
 sary danger. 
 
 In case of marine insurance, see supra, 
 158. 
 
 Exposure to obvious risk of injury or obvi- 
 ous danger within the meaning of ac- 
 cident policy. 50 L.R.A. (N.S.) 1218. 
 
 Construction compared with negligence. 40 
 L.R.A. 432; 22 L.R.A.(N.S.) 779; 27 
 L.R.A. (N.S.) 1164; 40 L.R.A. (N.S) 
 135. 
 
 Consciousness of danger. 40 L.R.A. 434. 
 
 Risks incident to duty or necessity. 40 
 L.R.A. 437. 
 
 Unexpected results. 40 L.R.A. 441.
 
 INDEX TO L.R.A. NOTES. 
 
 741 
 
 INSURANCE, VIII. c, 2 (a) cont'd 
 
 What constitutes, particular cases. 40 
 L.R.A. 442. 
 
 Act of coupling cars by one employed by a 
 railroad in some capacity other than 
 that of brakeman as "voluntary expos- 
 ure to unnecessary danger" within 
 meaning of accident insurance policy. 
 5 B. R. C. 884. 
 
 Death by drowning as. 42 L.R.A.(N.S.) 
 634. 
 
 Boarding or alighting from moving train as 
 defense under general provision as to 
 exposure to danger. 10 L.R.A. (N.S.) 
 957. 
 
 Proof of, as a defense. 40 L.R.A. 448. 
 
 Hi la. Injury intentionally inflicted 
 by another person. 
 
 Accident insurance; provision exempting 
 insurer or limiting its liability in 
 case of an injury intentionally in- 
 flicted by another. 48 L.R.A. 
 (N.S.) 524. 
 
 165. External, violent, and acci- 
 dental means. - 
 
 External, visible, or violent character of 
 
 means. 2 B. R. C. 377. 
 May death or injury from substance taken 
 internally be deemed to have been 
 caused by external means. 30 L.R.A. 
 (N.S.) .1181. 
 
 Injury or disability from strain as within 
 provision as to external, violent, 
 and accidental means. 42 L.R.A. 
 (N.S.) 562. 
 
 Death from suicide as one caused by exter- 
 nal, violent, and accidental means. 7 
 L.R.A.(N.S.) 223. 
 
 Does general requirement as to external, 
 violent, and accidental means apply to 
 a separate provision as to liability in 
 case of death or injury from certain 
 specified causes. 27 L.R.A. (N.S.) 480. 
 When death or injury may be deemed to 
 have been caused by accidental means, 
 though the voluntary act of insured was 
 the primary cause thereof. 5 L.R.A. 
 (N.S.) 657. 
 
 What constitutes external and visible signs 
 of injury within exemption pro- 
 vision of accident policy. 49 
 L.R.A.(N.S.) 1022. 
 
 166. What constitutes an accident 
 within accident policy. 
 
 Definitions; general rules. 30 L.R.A. 206. 
 
 Intentional injuries. 30 L.R.A. 207; 48 
 L.R.A. (N.S.) 524. 
 
 When death or injury may be deemed to 
 have been caused by accidental means, 
 though the voluntary act of the in- 
 sured was the primary cause thereof. 
 L.R.A. 1915E, 127; L.R.A.1916B, 1021. 
 
 Injury to insured by act of his own while 
 asleep, as an accident. 1 L.R.A. (N.S.) 
 422. 
 
 Accident and disease. 30 L.R.A. 209. 
 
 Drowning as an accident. 30 L.R.A. 211. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, VIII. c, 2 (a) cont'd 
 
 Rupture of blood vessel as an accident with- 
 in accident insurance policy. 19 
 L.R.A.(N.S.) 1206. 
 
 Death from taking poisonous substance as 
 accident, or accidental means. L.R.A. 
 1916A, 481. 
 
 Liability under accident policy for injury 
 resulting in felon or abscess. 47 L.R.A. 
 (N.S.) 924. 
 
 Previous diseased condition as affecting lia- 
 bility for death or injury from acci- 
 dent. 52 L.R.A.(N.S.) 1203; 6 B. R. 
 C. 530. 
 
 Words "sane or insane" or other words re- 
 lating to mental condition in suicide 
 clause in policy as referring to pure 
 accident. 17 L.R.A. (N.S.) 261. 
 
 167. Accident on trains or while 
 traveling. 
 
 Applicability of provision in accident in- 
 surance policy exempting insurer in 
 case of accident on railroad trains. 22 
 L.R.A. (N.S.) 1255. 
 
 Scope of provision exempting insurer, or 
 limiting its liability, when insured is 
 injured on "roadbed" of railroad com- 
 pany. 8 L.R.A. (N.S.) 970. 
 Boarding or alighting from moving train 
 as defense under general provisions as 
 to exposure to danger. 10 L.R.A.(N.S.) 
 957. 
 
 Scope and construction of provision for in- 
 demnity in case of injury while 
 riding in or on a public convey- 
 ance. 37 L.R.A. (N.S.) 618; L.R.A. 
 1915C, 456. 
 
 168. Violation of law or rules of 
 insurer. 
 
 Necessity that assured's death be reasonable 
 and legitimate consequence of vio- 
 lation of law, in order to relieve in- 
 surei. 13 L.R.A.(N.S.) 258. 
 Effect of the execution of insured for crime, 
 on right to recover life or accident in- 
 surance. 14 L.R.A.(N.S.) 356; L.R.A. 
 1918A, 898. 
 
 Conflict of laws as to effect of execution of 
 insured for crime or conviction of fel- 
 ony on right to recover life or accident 
 insurance. 52 L.R.A.(N.S.) 284. 
 Provision against liability in event of death 
 or injury in consequence of violation of 
 law, as applied to death or injury re- 
 sulting from a personal encounter. 
 L.R.A.1917C, 199. 
 
 I 
 
 169. Effect of contributory negli- 
 gence. 
 
 Effect of condition in accident policy that 
 
 insured shall use due diligence for 
 
 his personal safety and protection. 
 
 3 L.R.A. 443.* 
 
 Burden of proving breach of condition. 
 
 13 L.R.A. 263.* 
 
 Contributory negligence as defense to suit 
 on accident policy. 13 L.R.A. 266.*
 
 742 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, VIII. c, 2 cont'd 
 (It) Suicide. 
 
 170. Generally. 
 
 Statute prohibiting deft-use of. 42 L.R:A. 
 260. 
 
 Power of legislature to forbid defense of 
 suicide in life insurance. 31 L.R.A. 
 s:; i . 
 
 Conflict of lawn as to. 03 L.R.A. 867; 23 
 L.R.A.(N.S.) 981; .52 L.R.A.(N.S.) 
 284. 
 
 Suicide while sane as a defense to an action 
 on a policy or certificate containing no 
 provision as to effect of suicide. 8 
 L.ll.A.iN.S.) 1124. 
 
 Deatii from suicide as one caused through 
 external, violent, and accidental means. 
 7 L.R.A. (N.S.) 223. 
 
 'Necessity that suicide be reasonable and 
 legitimate consequence of violation of 
 law in order to relieve insurer. 13 
 L.R.A.(N.S.) 261. 
 
 Retroactive effect of resolution of mutual 
 insurance company changing period 
 during which policy may be contested 
 for suicide. 12 L.R.A. (N.S.) 504. 
 
 Applicability of incontestable clause in case 
 of suicide of insured. 42 L.R.A. 253, 
 260; L.R.A.1918D, 870. 
 
 Conclusiveness of proof of death as to sui- 
 cide. 44 L.R.A. 853. 
 
 Duty of insured to negative. 4 L.R.A. 
 (N.S.) 636; 50 L.R.A.(N.S.) 1008. 
 
 Burden of proof as to, in action on life in- 
 surance policy. 4 L.R.A.(N.S.) 636. 
 
 Evidence of declarations of intent to com- 
 mit suicide. L.R.A.1916B, 822. 
 
 Date from which the period to which de- 
 fense of suicide is limited is to be 
 computed. L.R.A.1915F, 703; L.R.A. 
 1917B, 105. 
 
 Subsequent by-law excluding or reducing 
 liability in case of suicide. 46 L.R.A. 
 (N.S.) 308; L.R.A.1915D, 1095. 
 
 171. Insanity as affecting condition 
 as to suicide. 
 
 General rule as to effect on policy. 35 L.R.A. 
 258. 
 
 Degree of insanity which will excuse. 35 
 L.R.A. 259. 
 
 Suicide, sane, Or insane. 17 L.R.A. 89; 35 
 L.R.A. 262; 17 L.R.A. (N.S.) 260. 
 
 The pleadings. 35 L.R.A. 263. 
 
 Determination as to the existence of in- 
 sanity. 35 L.R.A. 263. 
 
 Presumptions and burden of proof. 35 
 L.R.A. 263. 
 
 Proof as to insanity. 35 L.R.A.: 264. 
 
 Assigned policies. 35 L.R.A. 266. 
 
 Liability under accident policy for death 
 during delirium. 46 L.R.A. (N.S.) 543. 
 
 Construction and effect of provision against 
 liability for injury to or death of in- 
 sured while or when insane. L.R.A. 
 1915E, 657. 
 
 INSURANCE, VIII. cont'd 
 
 d. Extent of Injury, loss, or recovery; 
 release. 
 
 1. Insurance on property. 
 
 172. Generally. 
 
 Right to introduce evidence before ap- 
 praisers as to, see supra, 152a. 
 
 How far aggregate of several policies is 
 binding as to value of insured prop- 
 erty. 26 L.R.A. 107. 
 
 Liability of insurer for value of party wall. 
 
 20 "L.R.A. <N.S.) 226. 
 
 Right to deduct indebtedness of insured ex- 
 trinsic to insurance contract. 37 
 
 L.R.A.(N.S.) 556. 
 Law governing as to extent of recovery 
 
 on policy. 63 L.R.A. (N.S.) 868. 
 Conflict of laws as to valued policy. 63 
 
 L.R.A. 866. 
 Conclusiveness of statement in proofs of 
 
 loss as to amount of loss. 44 L.R.A. 
 
 856. 
 Aclmissibility of books of account to prove 
 
 amount and value of insured goods. 52 
 
 L.R.A. 721. 
 Considerations of time and place in deter- 
 mining value of personal property. 
 L.R.A.1915E, 489. 
 Insurance against fire loss as covering loss 
 
 of profits. L.R.A.1917C, 726. 
 Extent of recovery on policy insuring 
 
 against loss of profits. L.R.A. 1917C, 
 
 726. 
 Amount of loss and recovery on policy 
 
 against burglary or theft. 46 L.R.A. 
 
 (N.S.) 572; L.R.A.1918B, 573. 
 Amount of recovery on policy on animals. 
 
 44 L.R.A. (N.S.) 576. 
 Successive losses under same fire policy. 
 
 45 L.R.A. (N.S.) 847. 
 
 173. Constructive total loss of in- 
 sured building. 
 
 In general. 56 L.R.A. 784; 39 L.R.A. 
 (N.S.) 1182; L.R.A.1915E, 618. 
 
 The insurance is upon the building, not the 
 materials. 56 L.R.A. 785. 
 
 The rule of loss of identity and specific char- 
 acter. 56 L.R.A. 785. 
 
 The rule of substantial part remaining 
 which is reasonably adapted for use in 
 restoring the building. 56 L.R.A. 788. 
 
 Total loss although foundations are unin- 
 jured. 56 L.R.A. 791. 
 
 Effect of local ordinances or regulations 
 preventing repair. 56 L.R.A. 791. 
 
 Evidence. 56 L.R.A. 792. 
 
 Questions of law and fact. 56 L.R.A. 792. 
 
 174. Insurer's option to rebuild. 
 
 Construction and effect of option. 26 
 
 L.R.A. 853. 
 
 Election final. 26 L.R.A. 855. 
 Waiver. 26 L.R.A. 855. 
 Time. 26 L.R.A. 856, 857. 
 Insurer not liable for rent. 26 L.R.A. 856. 
 
 Begin with tliis booh on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 743 
 
 INSURANCE, VIII. d, 1 cont'd 
 
 Right to control election. 2G L.R.A. 856. 
 
 Estoppel. 26 L.R.A. 857. 
 
 Exercise of option a matter of defense. 26 
 L.R.A. 857. 
 
 Suit against builder. 26 L.R.A. 857. 
 
 Effect of insurer's election to rebuild, re- 
 pair, or replace the insured property 
 after a loss. 20 L.R.A. (N.S.) 960. 
 
 175. Marine insurance. 
 
 Maritime lien for. 70 L.R.A. 389. 
 
 Extent of liability of, for losses arising 
 out of state of war. 5 B. R. C. 38. 
 
 Does a policy of marine insurance against 
 total loss only, or containing an excep- 
 tion against liability for partial loss, 
 cover a constructive total loss. L.R.A. 
 191(5 E, 1171. 
 
 176. abandonment. 
 
 Right under policy of marine insurance for 
 losses arising out of state of war to 
 abandon to insurer and recover as for 
 total loss. 5 B. R. C. 38. 
 
 2. Insurance on persons. 
 
 177. Generally. 
 
 Under employer's indemnity policy, see 
 infra, 215. 
 
 Law governing as to damages and interest 
 ex mora. 63 L.R.A. 868. 
 
 Amount of recovery in case of paid-up 
 policy. 15 L.R.A. 455. 
 
 Representation or estimate as to accumu- 
 lations, dividends, surplus, etc. L.R.A. 
 1918F, 343. 
 
 Right to deduct indebtedness of insured ex- 
 trinsic to insurance contract. 37 L.R.A. 
 (N.S.) 556. 
 
 When burial insurance and funeral benefits 
 recoverable. 23 L.R.A.(N.S.) 197. 
 
 Construction and effect of condition in ac- 
 cident or health policy that assured 
 must be confined to the house to entitle 
 him to indemnity. 23 L.R.A. (N.S.) 
 359; 42 L.R.A. (N.S.) 700; L.R.A. 
 1918B, 998. 
 
 Subsequent by-law reducing liability in case 
 of suicide. 46 L.R.A. (N.S.) 308; 
 L.R.A.1915D, 1095. 
 
 Provision in accident insurance policy for 
 reduction of benefits in event of injury 
 while engaged in more hazardous occu- 
 pation, or variations of the provision, 
 as applied to occasional or temporary 
 acts. L.R.A.1915D, 312. 
 
 Extent of loss or mutilation contemplated 
 by provision as to loss or removal 
 of bodily member or part thereof. 
 L.R.A.1915D, 264. 
 
 Liability under accident policy limiting lia- 
 bility for loss resulting from disease 
 where diseased condition results from 
 accident. 6 B. R. C. 530. 
 
 Scope, application, and effect of provisions of 
 accident policy that the occurrence or 
 payment of one loss shall terminate the 
 policy or liability. L.R.A. 1918B, 506. 
 
 Settlement under accident policy under mis- 
 take as to extent of injury. L.R.A. 
 191 8E. 931. 
 
 Consult also Tj.R.A, Digests of Cases. 
 
 NISUARNCE, VIII. d, 2 cont'd 
 178. What constitutes total disa- 
 bility. 
 
 In general. 38 L.R.A. 529; 23 L.R.A. (N.S.) 
 352; 29 L.R.A. (N.S.) 635; 34 L.R.A. 
 (N.S.) 126; L.R.A.1917B, 108. 
 
 Ability to do some small act. 38 L.R.A. 
 529; 23 L.R.A.(N.S.) 353; L.R.A. 191715, 
 109. 
 
 Inability to do anything. 38 L.R.A. 530: 
 23 L.R.A. (N.S.) 352; L.R.A.1917B, 100. 
 
 Ability to attend to part of the business. 
 38 L.R.A. 531; 23 L.R.A. (N.S.) 353; 
 L.R.A.1917B, 109. 
 
 Ability to work in other occupation. 38 
 L.R.A. 534; 23 L.R.A. (N.S.) 356; 
 L.R.A.1917B, 111. 
 
 Disability of particular members. 38 L.R.A. 
 535; 23 L.R.A. (N.S.) 358; L.R.A. 
 1917B, 112. 
 
 Lunacy. 38 L.R.A. 537. 
 
 Sickness. 38 L.R.A. 537. 
 
 Old age. 38 L.R.A. 537. 
 
 Death. 38 L.R.A. 537; 23 L.R.A. (N.S.) 
 358; 28 L.R.A. (N.S.) 742. 
 
 "Immediately" construed. 38 L.R.A. 538. 
 
 "Per week" construed. 38 L.R.A. 539. 
 
 Other matters. 38 L.R.A. 539. 
 
 Liability to indemnity against total disa- 
 bility which results from an injury for 
 which an independent indemnity is pro- 
 vided. 28 L.R.A.(N.S.) 730. 
 
 179. Right to decrease benefits. 
 
 Right of a mutual benefit society to de- 
 crease benefits. 31 L.R.A. (N.S.) 423. 
 
 180. Release from liability. 
 
 Scope of release under policy indemnifying 
 insured against loss of time by sickness 
 or accident. 24 L.R.A. (N.S.') 211: 
 
 181. Effect of insurance on amount 
 of recovery for injury. 
 
 Effect of receipt of insurance money to 
 mitigate damages for personal injury. 
 67 L.R.A. 87; L.R.A. 1915E, 1201. 
 
 Effect of receipt of insurance money to miti- 
 gate damages for wrongful death. 6T 
 L.R.A. 92. 
 
 e. Interest in proceeds. 
 1. Of insurance on property. 
 
 182. Generally. 
 
 Insurable interest, see supra, 24-26. 
 
 Right of principal to proceeds of insurance 
 policy taken by agent in his own name. 
 13 L.R.A. (N.S.) 152. 
 
 Right of owner to benefit of insurance tak- 
 en out by carrier. 47 L.R.A. (N.S.) J96. 
 
 183. Rights of vendor and vendee to 
 proceeds. 
 
 Right of purchaser to benefit of insurance 
 
 taken out by seller or vendor. 37 L.R.A. 
 
 150; L.R.A.193SD, 938. 
 Right of vendor to proceeds of insurance 
 
 policy in name of vendee. 13 L.R.A. 
 
 (N.S.) 909.
 
 744 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, VIII. e, 1 cont'd 
 
 184. Rights of creditors generally. 
 
 Life insurance as assets of bankrupt, see 
 BANKRUPTCY, 20. 
 
 Exemption of proceeds of. 19 L.R.A. 34. 
 
 Garnishment of claims on unadjusted in- 
 surance losses. 59 L.R.A. 366; L.R.A. 
 1918B, 972. 
 
 Law governing right of creditors in pro- 
 ceeds. 63 L.R.A. 862. 
 
 185. Rights of mortgagee. 
 
 Notice to mortgagee before canceling policy, 
 see supra, 51. 
 
 Subrogation of insurer to rights of mort- 
 gagee, see infra, 197. 
 
 Rights of mortgagee to benefit of insurance 
 taken in the name of mortgagor. 25 
 L.R.A. 305. 
 
 Rights given by attachment of mortgage 
 slip to insurance policy. 25 L.R.A. 679. 
 
 Right of mortgagee who by mistake is in- 
 sured as owner or in owner's name, or 
 vice versa. L.R.A.1917C, 110. 
 
 Pledge or assignment by mortgagee of his 
 interest in the mortgage debt or prop- 
 erty as affecting his right against in- 
 surer. L.R.A.1917E, 330. 
 
 Effect of settlement between insurer and 
 mortgagor upon rights of mortgagee 
 to whom loss is made payable as his 
 interest may appear. 19 L.R.A. 321. 
 
 Duty of mortgagee to hold proceeds of in- 
 surance and apply them on indebted- 
 ness as it falls due. 10 L.R.A.(N.S.) 
 1166. 
 
 Interest of mortgagor in insurance secured 
 by mortgagee to protect his own inter- 
 ests. 11 L.R.A. (N.S.) 143. 
 
 Right to proceeds of insurance where loss 
 occurs after foreclosure sale but during 
 the period of redemption. 6 L.R.A. 
 (N.S.) 448. 
 
 Effect of award under terms of policy upon 
 mortgagee not a party thereto. 25 
 L.R.A.(N.S.) 740. 
 
 Admissibility of extrinsic evidence to ex- 
 tend scope of mortgagee clause. 34 
 L.R.A.(N.S.) 503. 
 
 Effect of failure of mortgagor to give notice 
 or proofs of loss upon right of mort- 
 gagee to recover under the policy. 14 
 L.R.A.(N.S.) 459. 
 
 Effect of breach of policy of insurance by 
 mortgagor on rights of mortgagee. 18 
 L.R.A.(N.S.) 197; 25 L.R.A. ('N.S.) 
 1226; L.R.A.1915C, 758. 
 
 2. Of insurance on persons. 
 
 186. Generally. 
 
 Insurable interest, see supra, 27-35. 
 
 Service by publication to give jurisdic- 
 tion of issue between nonresident and 
 resident claimants to benefits under in- 
 surance policy. L.R.A.1917B, 393. 
 
 Right of member of benefit society to use 
 
 fund for his own benefit. 25 L.R.A. 
 (X.S.) 814. 595. 
 
 Ber/in icith this book on evert/ 7oir question. 
 
 INSURANCE, VIII. e, 2 cont'd 
 
 Right of insurance company to recover back 
 money paid in settlement of policy on 
 life of one erroneously supposed to be 
 dead. 11 L.R.A.(N.S.) 234. 
 
 Disposition of fund in mutual benefit aocie- 
 ty upon failure of beneficiary. 17 
 L.R.A.(N.S.) 1083; L.R.A.1918A, 3120. 
 
 Effect of joining ineligible with eligible 
 beneficiary in benefit certificate. 34 
 L.R.A.(N.S.) 1192. 
 
 Effect of beneficiary in a mutual benefit 
 certificate becoming self-supporting. 7 
 L.R.A. (N.S.) 393. 
 
 Right of third person to maintain action 
 upon promise of beneficiary to insured 
 to pay all or part of proceeds of policy 
 to such third person. 22 L.R.A. (N.S.) 
 639. 
 
 Who may recover burial insurance and 
 funeral benefits. 23 L.R.A.(N.S.) 199. 
 
 Right of adopted children under insurance 
 policy. 17 L.R.A. 438. 
 
 Adopted, foster, or stepchild as beneficiary 
 under contract of benefit associa- 
 tion. L.R.A.1916B, 905. 
 
 Enforceability of promise by beneficiary to 
 pay proceeds of life insurance to third 
 person. 40 L.R.A.(N.S.) 692. 
 
 Right of children or representatives of de- 
 ceased child to share in proceeds of 
 policy of life insurance pavable to 
 "children." 41 L.R.A. (N.S*) 250. 
 
 Marriage of insured as affecting previous 
 designation of beneficiary. 49 L.R.A. 
 (N.S.) 141. 
 
 Right of beneficiary as against insured or 
 his estate to proceeds of endowment in- 
 surance. 52 L.R.A. (N.S.) 68!). 
 
 187. Who are "heirs" within life 
 policy. 
 
 In general. 30 L.R.A. 593. 
 
 Other words combined with the word 
 "heirs." 30 L.R.A. 594. 
 
 Widow as an heir. 30 L.R.A. 595. 
 
 Insured as heir of beneficiarv. 30 L.R.A. 
 596. 
 
 Conflict of laws as to. 63 L.R.A. 856. 
 
 Who are legal "heirs" to whom fund is pay- 
 able. 3 L.R.A.(N.S.) 904. 
 
 188. Who are "legal representa- 
 tives" within life policy. 
 
 In general. 30 L.R.A. 609; 32 L.R.A.(N.S.) 
 
 247. 
 Other words .combined with the words "legal 
 
 representatives." 30 L.R.A. 610. 
 
 189. Bequest of policy. 
 
 Validity of bequest of insurance policy, see 
 WILLS, 46. 
 
 Collection of insurance policy during life 
 time of testator as an ademption of 
 a specific legacy thereof. L.R.A. 1918D, 
 540. 
 
 190. Rights of widow. 
 
 Widow as heir within life policy. 30 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 745 
 
 INSURANCE, VIII. e, 2 cont'd 
 
 Widow's right to proceeds of insurance on 
 deceased husband's life payable to him- 
 self or his executors or administrators. 
 3-5 L.R.A. (N.S.) 964. 
 
 Who takes under designation of "husband," 
 "wife" or "widow." 33 L.R.A. (N.S.) 
 816, 825, 827. 
 
 Life insurance policy in favor of married 
 woman or its proceeds as her separate 
 estate. 37 L.R.A. (N.S.) 582. 
 
 Widow's right to year's support or allow- 
 ance out of insurance money. 46 
 L.R.A. (N.S.) 788. 
 
 191. divorce as affecting wife's 
 right to insurance upon husband's 
 life. 
 
 Ordinary policies of life insurance. 50 
 L.R.A. 552; 3 L.R.A. (N.S.) 478; 39 
 L.R.A. (N.S.) 370; L.R.A.1915D, 130. 
 
 Benefit certificates. 50 L.R.A. 553 ; 3 L.R.A. 
 (N.S.) 478; 39 L.R.A.(N.S.) 370; 
 L.R.A.1915D, 130. 
 
 Character of divorce. 50 L.R.A. 554. 
 
 Effect of divorce on right of trustee in 
 bankruptcy to husband's life insurance 
 policies payable to wife. 41 L.R.A. 
 (N.S.) 125. 
 
 192. Rights of creditors. 
 
 Insurable interest of creditor, see supra, 
 28. 
 
 Validity of life insurance to secure debt to 
 insurer, see supra, 45. 
 
 Life insurance as assets of bankrupt, see 
 BANKRUPTCY, 20. 
 
 Exemption of insurance money, see EXEMP- 
 TION, 6. 
 
 Rights of creditors to reach option of in- 
 sured to receive cash surrender value. 
 16 L.R.A. (N.S.) 316. 
 
 Rights of creditors in endowment or tontine 
 policies. 4 L.R.A. (N.S.) 456. 
 
 Extent of creditor's interest in policy where 
 insured becomes bankrupt or insolvent. 
 50 L.R.A. 41; 46 L.R.A. (N.S.) 148. 
 
 193. Effect of murder of insured. 
 
 Murder of insured as affecting right to in- 
 surance. 3 L.R.A. (N.S.) 727; 28 
 L.R.A.(N.S.) 675; L.R.A.1917B, 671. 
 
 194. Option of insurer as to payee. 
 
 Right of insurance company, in making pay- 
 ment of proceeds of life policy, to rely 
 on clause giving company option as to 
 payee, and making receipt conclusive 
 evidence of payment to proper person. 
 20 L.R.A.(N.S.) 928. 
 
 ''Facility of payment" clause in industrial 
 life policies. L.R.A.1916F, 461. 
 
 /. Subrogation; set-off. 
 
 195. Subrogation. 
 
 Construction and effect of statute giving 
 one who is responsible for the destruc- 
 tion of property by fire the benefit of 
 insurance di'ected by owners. 52 L.R.A. 
 (N.S.) 203. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, VIII. f cont'd 
 
 196. of insurer generally. 
 
 Right of life or accident insurance company 
 to subrogation. 18 L.R.A. (N.S.) 2 if. 
 Right of insurer who has paid a loss to 
 maintain action against the party caus- 
 ing the loss. 2 L.R.A. (N.S.) 922. 
 Right of insurer which has paid the loss 
 as against insured who has re- 
 covered against or settled with 
 third persons responsible for the 
 loss. 41 L.R.A. (N.S.) 719. 
 May one who destroys property defeat an 
 action by the owner upon the ground 
 that the right of action is in the in- 
 surer. 23 L.R.A. (N.S.) 870; L.R.A. 
 1918F, 145. 
 
 Effect of discharge of person primarily lia- 
 ble for loss of insured property, or of 
 a contractual provision giving him 
 benefit of insurance, upon insured's 
 right of action against insurer. 29 
 L.R.A. (N.S.) 698. 
 
 Constitutionality of statute denying in- 
 surer's right of subrogation against 
 person responsible for destruction of 
 property. 41 L.R.A. (N.S.) 1202. 
 Settlement between insured and tort feasor 
 as affecting insurer's right to sub- 
 rogation. L.R.A.1916A, 1282. 
 
 197. of insurer under mortgage 
 clause. 
 
 Right of insurer to subrogation to mortgage 
 on payment of mortgage debt from pro- 
 ceeds of insurance on mortgagee's in- 
 terest. 3 L.R.A. (N.S.) 79. 
 Right of insurer, upon paying mortgagee 
 under mortgage clause in policy 
 issued to owner of equity of re- 
 demption, to be subrogated to 
 rights of mortgagee. L.R.A. 1916A, 
 559. 
 
 Rights under subrogation clause in mort- 
 gage slip attached to insurance policy. 
 25 L.R.A. 681. 
 
 198. Set-off. 
 
 See SET-OFF AND COUNTERCLAIM, 7. 
 
 g. Contribution; prorating; apportion- 
 ment. 
 
 199. Contribution. 
 
 Contribution in case of Lloyd's policies. 55 
 L.R.A. 201. 
 
 200. Prorating; apportionment. 
 
 Pro rata clause as waiver of provision 
 against additional insurance. L.R.A. 
 1818C, 343. 
 
 Provision in accident policy for prorating 
 in ease of other insurance. L.ll.A. 
 1917B, 323. 
 
 What constitutes double insurance for pur- 
 pose of apportionment of loss. 15 
 L.R.A. 127. 
 
 Applicability of provision for prorating 
 where other policy is invalid. 36 
 L.R.A. (N.S.) 350. 
 
 Rights given by prorating clause in mort- 
 gage slip attached to policy. 25 L.R.A. 
 681.
 
 746 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, VIII. g cont'd 
 
 Jurisdiction of equity to adjust losses be- 
 tween concurrent insurance policies on 
 same property. 32 L.R.A. (N.S.) 941. 
 
 Statutory provisions regulating valued pol- 
 icies as affecting provisions of pol- 
 icy for prorating loss in case of 
 concurrent insurance. L.R.A. 
 1916F, 997. 
 
 Adjustment between blanket and specific 
 fire insurance policies. L.R.A. 
 1912B, 509. 
 
 h. Remedies; actions. 
 1. In general. 
 
 201. Generally. 
 
 Arbitration as condition precedent to action, 
 
 see supra, 152. 
 
 Equity jurisdiction, see EQUITY, 11. 
 Presumption and burden of proof in action 
 
 on policy, see EVIDENCE, 103a. 
 Sufficiency of proof in action on insurance 
 
 policy, see EVIDENCE, 311. 
 What matters concluded by judgment, see 
 
 JUDGMENT, 35. 
 Question for jury, see TRIAL, 53. 
 
 Service by publication to give jurisdiction 
 of issue between nonresident and resi- 
 dent claimants. L.R.A.1917B, 393. 
 
 Irregularities attending admission to mem- 
 bership in order as affecting action 
 on certificate. 49 L.R.A.(N.S.) 902. 
 
 Transitory character of action. 63 L.R.A, 
 863. 
 
 Procedure to enforce liability of members 
 of mutual fire insurance company. 32 
 L.R.A. 505. 
 
 Validity of retrospective by-laws or other 
 rule of benefit association as to manner 
 of establishing claim. 24 L.R.A. (N.S.) 
 1027. 
 
 Abatement of action on insurance policy 
 by reason of pendency of action in for- 
 eign jurisdiction on the policy. 29 
 L.R.A. (N.S.) 405. 
 
 Effect on right to recover on policy of fire 
 insurance company's noncompliance 
 with statutory regulations. 20 L.R.A. 
 405. 
 
 Suit on benefit certificate after expulsion 
 from society. 25 L.R.A. 149. 
 
 Action on policy taken out without consent 
 of person whose life was insured. 56 
 L.R.A. 590; L.R.A.1918F, 574. 
 
 Effect of admission to change burden of 
 proof and right to open and close in 
 action on insurance policy. 61 L.R.A. 
 537, 545. 
 
 Pleading and burden of proof as to falsity 
 of statements respecting family history, 
 L.R.A. 1917C, 876. 
 
 Sufficiency of proof as to falsity of state- 
 ments by insured respecting family his- 
 tory and his knowledge of their falsity. 
 L.R.A.1917C, 876. 
 
 Waiver by beneficiary of privilege as to 
 communications between physician and 
 patient. 48 L.R.A. (N.S.) 418. 
 
 Admissibility of finding of coroner to show 
 cause of death of insured. 68 L.R.A. 
 
 288: 45 L.R.A. (N.S.) 
 1918E, 924. 
 
 405; L.R.A. 
 
 INSURANCE, VIII. h, 1 cont'd 
 
 Admissions or statements by assured out- 
 side liis application as evidence against 
 his beneficiary. 11 L.R.A. (N.S.) 92; 
 49 L.R.A. (N.S.) P53. 
 
 Admissibility of declarations of insured 
 tending to show good faith regarding, 
 statements in his application. L.R.A 
 1918F, 271. 
 
 Admissibility of books of account to prove 
 amount and value of insured goods. 52 
 L.R.A. 721. 
 
 Admissibility of insurance agent's mem- 
 oranda or letters as to policies and 
 risks. 37 L.R.A. (N.S.) 1169. 
 
 Admissibility of statements or letters by 
 physician as to physical condition o'f 
 insured. 38 L.R.A. ( N.S. ) 343. 
 
 Action on policv as bar to action to reform 
 it. 12 L.R.A. (N.S.) 907. 
 
 Removal, because of separable controversy, 
 of actions relating to insurance and re- 
 covery of fire losses paid by insurer. 
 5 L.R.A. (N.S.) 88. 
 
 Right to open default judgment as affected 
 by character of defense. L.R.A.1916F, 
 853. 
 
 Connection with casualty or indemnity com- 
 pany as a proper subject for inquiry on 
 voir dire or as disqualification of a 
 juror in an action against one insured 
 or indemnified by such company. L.R.A. 
 1915A, 153. 
 
 202. Nature of remedy. 
 
 Remedies of insured in case of paid-up or 
 nonforfeitable policy. 15 L.R.A. 454. 
 
 Validity of requirement by mutual benefit 
 society that remedies within the order 
 must be exhausted before resort to the 
 civil courts. 8 L.R.A. (N.S.) 916. 
 
 Necessity of exhausting remedies within 
 order against decision expelling or sus- 
 pending a member from a mutual bene- 
 fit association as condition of action 
 for benefits. 52 L.R.A. (N.S.) 821. 
 
 Conclusiveness of decision of tribunal of 
 mutual benefit society expelling or sus- 
 pending a member in action for bene- 
 fits. 52 L.R.A. (N.S.) 806. 
 
 Conclusiveness of decision of tribunal of 
 mutual benefit associations directly up- 
 on claims for benefits; and duty to ex- 
 haust remedies within association. f>2 
 L.R.A. (N.S.) 823. 
 
 Right to maintain single suit in equity to 
 enforce separate liability of members of 
 an insolvent insurance association. 3$ 
 L.R.A. (N.S.) 1057. 
 
 Distinction between action at law and suit 
 in equity where insurer or its agent 
 was guilty of fraud, and policy was 
 retained. 67 L.R.A. 744. 
 
 Remedy of beneficiary on repudiation of 
 contract by insurer. 14 L.R.A. (N.S.) 
 1111. 
 
 Right of beneficiary to sue insurer for 
 breach of contract other than failure to 
 pay indemnity. 4 L.R.A. (N.S.) 870. 
 
 Right of policy holder to an accounting by 
 
 Begin ivith this book on every law question. , 
 
 insurer. 28 L.R.A. (N.S.) 559.
 
 INDEX TO L.R.A. NOTES. 
 
 .47 
 
 INSURANCE, VIII. h, 1 cont'd 
 Right of insured to return of premium 
 where insurer defends action on the 
 policy on the ground of misrepresenta- 
 tion by insured. 32 L.R.A. (N.S.) 299. 
 Effect of provision that deficiency in assess- 
 ment may be paid from reserve or emer- 
 gency fund. 10 L.R.A. (N.S.) 261. 
 
 203. actions on Lloyd's policies. 
 
 Whether the action must primarily be 
 
 against the attorney in fact. 55 L.R.A. 
 
 193. 
 
 Joinder and misjoinder. 55 L.R.A. 198. 
 Several or joint liability. 55 L.R.A. 199. 
 Judgment. 55 L.R.A. 199. 
 Proof of loss. 55 L.R.A. 200. 
 Powers and duties of agents, attorneys, and 
 
 brokers. 55 L.R.A. 201. 
 Risk and contribution. 55 L.R.A. 201. 
 Concealment of facts by the insured. 55 
 
 L.R.A. 202. 
 
 Warranty. 55 L.R.A. 202. 
 Validity of policy. 55 L.R.A. 203. 
 
 204. marine insurance. 
 
 Jurisdiction of admiralty as to marine in- 
 surance. 66 L.R.A. 200, 234. 
 
 Collusiveness of judgment of foreign court 
 of admiralty on policies of marine in- 
 surance. 20 L.R.A. 669. 
 
 205. Proper party to bring. 
 
 Under employer's indemnity policy, see in- 
 fra, 217. 
 
 Who is real party in interest by whom ac- 
 tion on insurance policy must be 
 brought. 64 L.R.A. 615. 
 
 Third person's right of action. 25 L.R.A. 
 274. 
 
 Who may recover burial insurance and 
 funeral benefits. 23 L.R.A. (N.S.) 199. 
 
 Who may maintain action for proceeds of 
 policy taken in mortgagor's name for 
 benefit of mortgagee. 25 L.R.A. 306. 
 
 Right of third person to maintain action on 
 beneficiary's promise to insured to pay 
 all or part of policy to such third per- 
 son. 22 L.R.A. (N.S.) 639. 
 
 Right of beneficiary to sue insurer for 
 breach of contract other than failure to 
 pay indemnity. 4 L.R.A. (N.S.) 870. 
 
 206. Costs and fees. 
 
 Conflict of laws as to recovery of attorney's 
 fees. 52 L.R.A. (N.S.) 285. 
 
 Validity of statutory provision for attor- 
 ney's fee in actions against insurance 
 companies. 17 L.R.A. (N.S.) 910; 
 L.R.A.1915E, 948. 
 
 2, Contractual limitation of time. 
 
 207. Generally. 
 
 Conflict of laws as to contractual limita- 
 tion. 63 L.R.A. 868; 23 L.R.A. (N.S.) 
 982; 52 L.R.A. (N.S.) 285. 
 
 First and last days in computation of time 1 . 
 49 L.R.A. 208: 15 L.R.A. (N.S.) 688. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, VIII. h, 2 cont'd 
 
 Statute of limitations against liability of 
 members of mutual fire insurance com- 
 pany. 32 L.R.A. 508. 
 
 Estoppel to plead defense of limitation to 
 action on insurance policy. 63 L.R.A. 
 204. 
 
 Limitation clause as part of contract of 
 reinsurance. 1 B. R. C. 184. 
 
 Waiver of short limitation period in policy 
 by efforts at compromise extending be- 
 yond its termination. ,9 L.R.A. (N.S.) 
 654. 
 
 Binding effect on infant of stipulation in 
 policy as to time of suit. 1 L.R.A. 
 (N.S.) 525. 
 
 Retention of policy as waiver of mistake 
 or fraud of insurer or its agent as to 
 provision limiting time for action on 
 policy. 67 L.R.A. 714. 
 
 Applicability to existing contracts of stat- 
 ute avoiding contractual stipulations 
 limiting time for action. 38 L.R.A. 
 (N.S.) 1016. 
 
 208. When begins to run. 
 
 Fire insurance policies. 47 L.R.A. 697; 48 
 
 L.R.A.(N.S.) 907; L.R.A.1918F, 511. 
 Accident insurance policies. 47 L.R.A. 704) 
 
 48 L.R.A. (N.S.) 908; L.R.A.1918F, 511. 
 Life insurance policies. 47 L.R.A. 706; 48 
 
 L.R.A. (N.S.) 910; L.R.A.1918F, 512. 
 Marine and other miscellaneous insurance 
 
 policies. 47 L.R.A. 708; 48 L.R.A. 
 
 (N.S.) 911; L.R.A.1918F, 512. 
 What will prevent or delay the running of 
 
 the limitation. 47 L.R.A. 709; 48 
 
 L.R.A.(N.S.) 911; L.R.A.1918F, 512. 
 To what actions the limitation applies. 47 
 
 L.R.A. 711: 48'L.R.A.(N.S.) 913; L.R.A. 
 
 1918F, 513. 
 
 IX. Reinsurance. 
 
 209. Generally. 
 
 Limitation clause as part of contract of 
 reinsurance. 1 B. R. C. 184. 
 
 Proceeds of reinsurance as special fund in 
 case of insolvency. 38 L.R.A. 110. 
 
 210. Liability of reinsurer. 
 
 In general. 44 L.R.A. (N.S.) 317. 
 
 Notice to and acceptance by insured. 44 
 
 L.R.A. (N.S.) 318. 
 Liability as affected by terms of contract. 
 
 8 L.R.A. (N.S.) 847; 44 L.R.A. (N.S.) 
 
 318 
 
 When liable. 44 L.R.A. (N.S.) 318. 
 Period within which liability may arise. 
 
 8 L.R.A. (N.S.) 857. 
 
 When liability begins. 8 L.R.A. (N.S.) 857. 
 Extent of liability. 8 L.R.A. (N.S.) 857; 
 
 44 L.R.A.(N.S.) 319. 
 To whom liable. 8 L.R.A.(N.S.) 862; 44 
 
 L.R.A.(N.S-) 319. 
 Effect of compromise by original insurer 
 
 upon reinsurer's liability. 6 B. R. C. 
 
 896. 
 
 X. Guaranty policies. 
 
 211. Generally. 
 
 Guaranty of fidelity of employees or cor- 
 porate officers, see BONDS, 11.
 
 748 
 
 INDEX TO L.R.A. NOTES. 
 
 INSURANCE, X. cont'd 
 Guaranty of fidelity of public officers, see 
 .BONDS, 12 1.1. 
 
 Contracts for indemnity insurance as cham- 
 pertous. L.R.A. 1916E, 72. 
 
 Treatment of, a.s part of overhead charged 
 in public service property valuations. 
 48 L.R.A. (N.S.) 1051. 
 
 What constitutes insurance. 47 L.R.A. 
 (N.S.) 2!>0. 
 
 Insurance agaiifst injuring property or per- 
 son of third person as indemnity or 
 liability insurance. 48 L.R.A, (N.S.) 
 1S4. 
 
 Payment or assumption, by third person, 
 of liability for an .injury as a loss 
 within a policy indemnifying against 
 liability for injuries. L.R.A.1916F, 879. 
 
 Elevator insurance. L.R.A.1918C, 812. 
 
 Insurance against liability for automobile 
 accidents. 44 L.R.A. (N.S.) 73: 51 
 L.R.A.(N.S.) r>84; L.R.A.1915E,. 580; 
 L.R.A.1917F, 615. 
 
 Participation by indemnity insurer in de- 
 fense of suit against insured, as estop- 
 pel to assert that latter's liability was 
 predicated on ground not covered by 
 policy. 34 L.R.A.(N.S.) 491. 
 
 Waiver of short-limitation period in insur- 
 ance policy by efforts at compromise 
 extending beyond its termination. 9 
 L.R.A.(N.S.) 654. 
 
 Power of insurer with respect to settlement 
 of claims. 6 L.R.A. (N.S.) 562; 52 
 L.R.A. (N.S.) 126. 
 
 Right of insured under policy indemnifying 
 against liability for damages or injury, 
 to settle the part of a claim in excess 
 of insurer's liability. L.R.A.1917D, 
 957. 
 
 Giving note as loss or damage within con- 
 dition of contract of indemnity. 9 
 L.R.A.(N.S.) 478; 20 L.R.A.(N.S.) 
 956; 48 L.R.A. (N.S.) 195. 
 
 Effect of provision in indemnity policy re- 
 quiring immediate notice of accident, 
 claim, or suit. 3 B. R. C. 723. 
 
 Delay in giving notice required by policy 
 insuring against liability for personal 
 injuries to third person. L.R.A.1918E, 
 114. 
 
 ^Liability of guaranty members of mutual 
 fire insurance company. 32 L.R.A. 496. 
 
 212. Employers' indemnity policy. 
 
 Champertous contracts. L.R.A.1916E, 72. 
 
 Question whether employers' indemnity con- 
 tract constitutes insurance. 47 L.R.A. 
 (N.S.) 204. 
 
 Treatment of, as part of overhead charges 
 in public service property valuations. 
 48 L.R.A. (N.S.) 1051. 
 
 Payment or assumption by third person of 
 liability for an injury as a loss within 
 employer's indemnity policy. L.R.A. 
 1916F, 879. 
 
 What employees are covered by indemnity 
 policy. 41 L.R.A. (N.S.) 963. 
 
 Iff gin irith this Itooh on every law question. 
 
 INSURANCE, X cont'd 
 
 Arrangements by masters with insurance 
 company for indemnification of serv- 
 ants, ll L.R.A.(N.S.) 194. 
 
 Constitutionality of statute forbidding 
 avoidance of liability to employee or 
 reduction of his damages by relief or 
 indemnity contract. 33 L.R.A. (N.S. ) 
 706. 
 
 Contracts requiring servant to elect be- 
 tween acceptance of benefits out of re- 
 lief fund and a prosecution of his 
 claims in an action for damagas. 11 
 L.R.A.(N.S.) 182; 48 L.R.A. (N.S.) 440. 
 
 Retention of policy as waiver of mistake or 
 fraud as to terms of policy. 3S L.R.A. 
 (,N.S.) 789. 
 
 Liability of insurer carrying workmen's 
 compensation insurance for employer. 
 L.R.A.1917D, 181. 
 
 Right of insured to settle the part of a 
 claim in excess of insurer's liability. 
 L.R.A.1917D, 957. 
 
 213. construction. 
 
 Construction of bond or policy indemnify- 
 ing employer against loss from negli- 
 gence of employee. 31 L.R.A. (N.S. ) 
 775. 
 
 214. injuries covered. 
 
 Injuries covered by employer's indemnity 
 policy. 30 L.R.A.(N.S.) 1192; L.R.A. 
 1915C, 155. 
 
 215. extent of liability. 
 
 How far does limitation of liability in pol- 
 icy of indemnity insurance against lia- 
 bility for injuries to employees and 
 others include expenses of litigation. 
 12 L.R.A.(N.S.) 478; 43 L.R.A. (N.S.) 
 1128; L.R.A.1918D, 187. 
 
 How far does limitation of liability in 
 policy of indemnity insurance against 
 liability for injuries to employees and 
 others include interest and expenses of 
 litigation. L.R.A.1918D, 187. 
 
 Liability under policy indemnifying against 
 liability for injuries to compensate in- 
 sured for expenses incurred in success- 
 ful defense or compromise of action. 
 30 L.R.A.(N.S-) 1105; 44 L.R.A.(N.S-) 
 609. 
 
 216. notice of injury. 
 
 Delay in giving notice of claim under em- 
 ployer's indemnity policy. 38 L.Tl.A. 
 (N.S.) 62; 47 L.R.A.'(N.S.) 1213; 
 L.R.A.1918D, 445; L.R.A.1918E, 114. 
 Effect of provision in employer's liability 
 or other indemnity policies, requir- 
 ing immediate notice of accident, 
 claim or suit. 3 B. R. C. 723. 
 When is insured charged with knowledge of 
 accident so as to require him to give 
 notice thereof as provided for policy 
 indemnifying against liability for per- 
 sonal injuries to others. 16 L.R.A. 
 (N.S.) 400.
 
 INDEX TO L.R.A. NOTES. 
 
 749 
 
 INSURANCE, X. cont'd 
 217. employee's right to reach 
 fund. 
 
 Ii'jured employee's right to reach fund un- 
 der employer's liability policy. 7 
 L.R.A.(N.S.) 958; 48 " L.R.A. (N.S.) 
 191. 
 
 218. Rent insurance. 
 
 Rent insurance. L.R.A. 1016F, 094. 
 Contract insuring against loss of rents as 
 
 insurance contract. 47 L.R.A. (N.S.) 
 
 296. 
 Construction of policy or contract insuring 
 
 against loss of rents. 16 L.R.A. (N.S.) 
 
 1055; 23 L.R.A. (N.S.) 123. 
 
 219. Burial insurance and funeral 
 benefits. 
 
 Generally. 23 L.R.A. (N.S.) 197. 
 When recoverable. 23 L.R.A. (N.S.) 197. 
 Who may recover. 23 L.R.A. (N.S.) 199. 
 Dutv of receiver of fund to pay funeral ex- 
 penses. 23 L.R.A. (N.S.) 201. 
 
 XI, Burylary and theft insurance. 
 
 % 220. Generally. 
 
 Insurance against loss by robbery. L.R.A. 
 
 1917D, 687. 
 
 Indemnity against theft or burglary as in- 
 surance. 46 L.R.A. (N.S.) 562; 47 
 
 L.R.A.(N.S.) 296. 
 Power to issue burglary insurance. 46 
 
 L.R.A. (N.S.) 562. 
 Right to do 1 nisi ness in foreign states. 46 
 
 L.R.A.(N.S.) ;!63. 
 Making contract. 46 L.R.A. (N.S.) 564; 
 
 L.R.A.191SB, 565. 
 Property covered. 46 L.R.A. (N.S.) 564; 
 
 L.R.A.1918B, 565. 
 Conditions and warranties. 40 L.R.A. 
 
 (N.S.) 564; L.R.A.1918B, 565, 
 Manner of logs and proof thereof. 46 
 
 L.R.A.(N.S.) 567; L.R.A.1918B, 568. 
 Notice and proofs of loss. 46 L.R.A. (N.S.) 
 
 .57] ; L.R.A.1918B, 573. 
 Necessity of showing plairtiff's interest in 
 
 property Int. 4G L.R.A. (NJ3.) 572. 
 Insured's right to replace property. 46 
 
 L.R.A. (N.S.) 572. 
 Amount of loss and recovery and proof 
 
 thereof. 46 L.R.A. (N.S.) 572; L.R.A. 
 
 3918B, 573. 
 Estoppel and waiver. 46 L.R.A. (NJS.) 573; 
 
 L.R.A.1918B, 574. 
 Theft of automobile. 44 L.R.A. (N.S.) 75; 
 
 51 L.R.A. (N.S.) 584; L.R.A. J915E. 
 
 579; L.R.A.1917F, 543. 
 
 XII. Automobile insurance. 
 
 221. Generally. 
 
 Insurance covering automobiles, or indem- 
 nifying against injury, or liability 
 for injury, caused thereby. 44 
 L.R.A.(N.S.) 70: 51 L.R.A. (N.S.) 
 583; L.R.A.1915E, 575; L.R.A. 
 1917F, 615. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INSURANCE, XII. cont'd 
 
 Automobile insurance against theft, rob- 
 bery, and pilferage. 44 L.R.A. (N.S.) 
 75; 51 L.R.A. (N.S.) 584; L.R.A.1915E, 
 579; L.R.A.1917F, 543. 
 
 XIII. Animal insurance. 
 
 222. Generally. 
 
 Insurable interest. 44 L.R.A. (N.S.) 569. 
 Animal's health at tlie time policy attaches. 
 
 44 L.R.A. (N.S.) 569. 
 Where animal is intentionally killed. 44 
 
 L.R.A. (N.S.) 570. 
 Abuse or negligence by insured. 44 L.R.A. 
 
 (N.S.) 571. 
 Destruction by elements. 44 L.R.A. (N.S.) 
 
 571. 
 Notice of animal's sickness or death. 44 
 
 L.R.A.IN.S.) 572. 
 Place where kept. 26 L.R.A. 240; 44 L.R.A. 
 
 (N.S.) 574. 
 
 Sale of animal. 44 L.R.A. (N.S.) 575. 
 Animals acquired subsequently to issuance 
 
 of policy. 44 L,R.A.(N.S.) 576. 
 Amount of recovery. 44 L.R.A. (N.S.) 576. 
 Warranties and representations. 44 L.R.A. 
 
 (N.S.) 577. 
 
 Waiver. 44 L.R.A. (N.S.) 578. 
 Arbitration of claims. 44 L.R.A. (N.S.) 579. 
 Attaching application. 44 L.R.AJN.S.) 
 
 579. 
 Miscellaneous. 44 L.R.A. (N.S.) 579. 
 
 i 
 
 XIV. Insurance against loss of profits. 
 
 223. Generally. 
 
 Insurance against, fire loss as covering loss 
 of profits. L.R.A.1917C, 726. 
 
 Loss of profits by hotel keeper or by lessee. 
 L.R.A.1917C, 727. 
 
 Loss 01 royalties. L.R.A.1917C, 728. 
 
 Loss of profits of mercantile or manufactur- 
 ing business. L.R.A.1917C, 728. 
 
 Policies against loss of profits by strikes. 
 L.R.A.1917C, 729. 
 
 Policies on profits from marine adventures. 
 L.R.A.1917C, 730. 
 
 INSURANCE COMMISSIONER. 
 
 Service on, for foreign company. 23 L.R.A. 
 499. 
 
 INSURRECTION. 
 
 Continuance of constitutional guaranties 
 during war or insurrection. 45 L;R.A. 
 I N.S.) 996. 
 
 Power of governor, in exercise of power to 
 suppress insurrection, to authorize ar- 
 rest and detention of persons without 
 turning them over to the civil authori- 
 ties. 12 L.R.A. (N.S.) 979.
 
 750 
 
 INDEX TO L.R.A. NOTES. 
 
 INTANGIBLE PROPERTY. 
 
 Situs of, for purpose of taxation, see TAXA- 
 TION, III. 
 
 INTANGIBLE VALUES. 
 
 Treatment of, in public service property 
 valuations. 48 L.R.A. (N.S.) 1037, 
 1063, 1092, 1146. 
 
 Amortization of, in estimating return of 
 public service corporation for rate-mak- 
 ing purposes. 52 L.R.A. (N.S.) 49. 
 
 4 . 
 
 INTEGRITY. 
 
 Charge of lack of, against officer or can- 
 didate for office as libel or slander. 
 L.R.A.1918E, 31. 
 
 INTELLECTUAL LIFE. 
 
 Protection, of personal rights relating to. 
 37 L.R.A. 734. 
 
 INTELLECTUAL PRODUCTIONS. 
 
 See LITERARY AND ABTISTIC PBOPERTY. 
 
 INTELLIGENCE. 
 
 Test of to be applied in naturalization pro- 
 ceedings. 22 L.R.A. (N.S.) 1041. 
 
 INTEMPERANCE. 
 
 See DRUNKENNESS. 
 
 INTENT. 
 
 I. In general, 1-4. 
 II. Of parties to contract, 5-11. 
 
 I. In general. 
 
 1. Generally. 
 
 In committing assault, see Assault and Bat- 
 
 tery, 11. 
 As element of .crime generally, see CRIM- 
 
 INAL LAW, 6. 
 Illegal intent of prosecutor as defense to 
 
 crime, see CRIMINAL LAW, 21. 
 Opinion evidence as to, see EVIDENCE, 197. 
 Relevancy of evidence as to, see EVIDENCE, 
 
 255-257. ' 
 Sufficiency of evidence as to, see EVIDENCE, 
 
 299. 
 
 As. element of homicide, see HOMICIDE, 5. 
 Allegations as to, see INDICTMENT, INFOR- 
 
 MATION,, AND COMPLAINT, 4. 
 As question for jury, see TRIAL, 31a. 
 Of testator, see WILLS, 3, 64, 65. 
 
 As element in adverse possession. 15 L.R.A. 
 (N.S.) 1205. 
 
 INTENT, I. cont'd 
 
 In nonuser of private way. 22 L.R.A. (N.S.) 
 881. 
 
 Of owner of easement neglecting to use 
 same, as indicated by his acts. 18 
 L.R.A. 538. 
 
 Effect of intent to incorporate on partner- 
 ship liability of stockholders. 17 
 L.R.A. 554. 
 
 Necessity of notice by attorney of intent 
 to withdraw from suit because of cli- 
 ent's misconduct. 35 L.R.A. (N.S.) 963. 
 
 Necessity of notice to owner of intent to 
 assess his property for supposed bene- 
 fits from local improvements. 36 
 L.R.A.(N.S.) 40. 
 
 Things placed on land with intent to annex 
 them as fixtures where they are never 
 actually attached. 69 L.R.A. 892. 
 
 Necessity of corroboration of admission or 
 testimony of party to divorce in rela- 
 tion to. *25 L.R.A. (N.S.) 4f>. 
 
 Effect of, on debtor's right of action against 
 his creditor for collecting debt in an- 
 other jurisdiction in evasion of exemp- 
 tion laws of their domicil. 47 L.R.A. 
 (N.S.) 689. 
 
 Intention to affect conduct as an element 
 of estoppel of assertion of title or in- 
 terest in real property by concealing 
 the same or representing it to be in 
 another. 48 L.R.A. (N.S.) 768. 
 
 Good intentions of counsel in making im- 
 proper argument to jury. L.R.A. 
 1918D, 104. 
 
 2. As to character of real estate of 
 partners. 
 
 As to whether real estate shall be considered 
 partnership property. 27 L.R.A. 455; 
 37 L.R.A. (N.S.) 891. 
 
 3. Effect of, on law governing con- 
 tract. 
 As to interest and usury. 62 L.R.A. 33; 
 
 L.R.A.1916D, 751. 
 Of parties to carrier's contract. 63 L.R.A. 
 
 513. 
 As to where contract of insurance shall be 
 
 deemed to have been made. (53 L.R.A. 
 
 847; 52 L.R.A. (N.S.) 295. 
 Law governing donee's intent to exercise 
 
 power of appointment by will. 64 
 
 L.R.A. 892. 
 
 4. Of legislature. 
 
 See STATUTES, 20. 
 
 II. Of parties to contract. 
 
 5. Generally. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 41, 42. 
 
 Admissibility of evidence extrinsic to writ- 
 ing to show, see EVIDENCE, 166, 167, 
 170, 171. 
 
 Rule that when terms of agreement have 
 been intended in different sense that 
 sense is to prevail against either party 
 in which he had reason to suppose the 
 other party understood it. 8 L.R.A. 
 (N.S.) 1140. 
 
 Begin with this booTc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 751 
 
 INTENT, II. cont'd 
 
 Relief from mistake of law as to effect of 
 instrument resulting in failure to carry 
 out intent. 28 L.R.A. (N.S.) 811. 
 
 Intention of parties in case of contemporary 
 promise of one person to pay where 
 benefit inures to another. 15 L.R.A. 
 (N.S.) 216. 
 
 Of parties to contract to adopt standard 
 time. 1 L.R.A.(N.S.) 364; 6 L.R.A. 
 (N.S.) 1046; 35 L.R.A. (N.S.) 611. 
 
 In transaction between heir and ancestor as 
 to former's expectancy. 32 L.R.A. 596. 
 
 -Construing unsealed release of one joint tort 
 feasor according to intent of parties as 
 affecting release of other party or oth- 
 erwise. 58 L.R.A. 298. 
 
 To bind and benefit successors in title by 
 agreement to contribute to cost of par- 
 ty walls. 66 L.R.A. 678. 
 
 Effect of signatory's intent in executing 
 bond which is delivered without being 
 signed by principal obligor. 12 L.R.A. 
 (N.S.) 1119. 
 
 Of parties to lease as fixing term implied by 
 holding over after expiration of lease 
 for a fixed term. 25 L.R.A. (N.S.) 856. 
 
 Of debtor as to tolling of limitations or re- 
 moval of bar by acknowledgment to 
 third person. 25 L.R.A. (N.S.) 811. 
 
 As to whether senior mortgage is merged 
 in subsequently acquired title. 39 
 L.R.A. (N.S.) 837, 843. 
 
 As affecting question whether stipulation 
 for damages in building contract is a 
 penalty or liquidated damages. 34 
 L.R.A. (N.S.) 593. 
 
 As determining effect of the use of the word 
 "forfeiture" upon penalty or liquidated 
 ('images. 50 L.R.A. (N.S.) 890. 
 
 As affecting question whether provision in 
 land contract is to be regarded as a 
 penalty or liquidated damages. 34 
 L.R.A."(N.S.) 9. 
 
 As affecting waiver by officer of subordinate 
 lodge of payment of assessments. 38 
 L.R.A. (N.S.) 575. 
 
 Of bankrupt to create a preference as a 
 condition of a voidable preference under 
 60b of the bankruptcy act. 33 
 L.R.A. (N.S.) 558. 
 
 C. Of seller of personalty. 
 
 Passing of title to personalty by delivery to 
 carrier as affected by conduct indicating 
 intent to retain title. 22 L.R.A. 420. 
 
 .As to passing of title under contract for 
 sale of goods to be produced or manu- 
 factured. 50 L.R.A. (N.S.) 133. 
 
 Of parties to sale as to passing of title on 
 selection or designation of goods sold 
 out of larger lot. 26 L.R.A. (N.S.) 7. 
 
 Provision for payment of instalments of 
 price of article during construction as 
 indicating intent to pass iitle. 2 B. R. 
 C. 646. , 
 
 As test of whether description in sale im- 
 ports a condition precedent or a war- 
 ranty. 35 L.R.A.(N.S.) 274. 
 
 Intention as determining place of sale of 
 intoxicating liquors. 44 L.R.A. (N.S.) 
 437. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INTENT, II. cont'd 
 
 7. Of vendor of land. 
 
 Of fraudulent grantor, see FRAUDULENT 
 CONVEYANCES, 3. 
 
 Prevailing of intention over language of 
 granting clause as to estate passing by 
 deed. 12 L.R.A. (N.S.) 961. 
 
 Grantee's right to enforce restrictive cove- 
 nants in prior conveyance by his grant- 
 or of other parcels as affected by grant- 
 or's intent. 37 L.R.A. (N.S.) 624. 
 
 Of one giving covenant of title or seisin 
 where granting clause merely purports 
 to convey grantor's interest in the prop- 
 erty. 32 L.R.A. (N.S.) 595; L.R.A. 
 1916E, 905. 
 
 8. in case of conveyance in trust. 
 
 Of grantor in trust that fee shall pass to 
 trustee without words of limitation. 
 2 L.R.A. (N.S.) 177. 
 
 Effect of expression of intention to make 
 provision for family on estates taken 
 by beneficiaries of trusts in absence of 
 express definition thereof. 17 L.R.A. 
 (N.S.) 1215. 
 
 9. Of parties to commercial paper. 
 
 Intention of parties to indorsement as con- 
 trolling liability. 18 L.R.A. 35. 
 
 Intent of parties as affecting principal's lia- 
 bility on negotiable paper executed by 
 agent. 21 L.R.A. (N.S.) 1067. 
 
 As to ownership of paper payable to di- 
 rector or officers of a corporation. 50 
 L.R.A.(N.S.) 1116. 
 
 10. As to payments. 
 
 In payment of debt by volunteer or stran- 
 ger. 23 L.R.A. 123. 
 
 As to extinction of judgment on payment 
 by surety. 58 L.R.A. 570. 
 
 On assignment of mortgage with mortga- 
 gor's consent t^ third person after pay- 
 ment of debt originally secured. 27 
 L.R.A.(N.S.) 111. 
 
 Provision for payment of instalments of 
 price of article during construction as 
 indicating intent to pass title. 2 B. R. 
 C. 646. 
 
 Intention not to pay for goods purchased 
 by one knowing that he cannot pay for 
 them. 44 L.R.A. (N.S.) 9. 
 
 11. Fraudulent intent. 
 
 Effect of grantor's intent to defraud credit- 
 ors, see FRAUDULENT CONVEYANCES, 
 3. 
 
 Purchaser's participation in seller's fraudu- 
 lent intent, see FRAUDULENT CONVEY- 
 ANCES, 14. 
 
 Question for jury as to, see TRIAL, 32, : 
 
 In obtaining credit. 14 L.R.A. 264. 
 Intention not to pay for goods purchased 
 
 by one knowing he cannot pay for them. 
 
 44 L.R.A.(N.S.) 9. 
 Lack of reasonable expectation of being able 
 
 to pay as equivalent as matter of law 
 
 to an intention not to pay. 6 L.R.A. 
 
 (N.S.) 556.
 
 752 
 
 INDEX TO L.R.A. NOTES. 
 
 INTENT, H. cont'd 
 
 How far fraudulent intent in expression of 
 opinion is essential to fraud. 35 L.R.A. 
 424. 
 
 Relief to party defrauded by fraudulent 
 scheme where he went into it with in- 
 tent to defraud others. 5 L.R.A. (N.S.) 
 906. 
 
 Effect of fraudulent intent on false swearing 
 in proofs of loss. 32 L.R.A. (N.S.) 459. 
 
 What intent to defraud will sustain an at- 
 tachment. 30 L.R. \. 465. 
 
 Effect of intent on misbranding prohibited 
 by pure food and drugs law. L.R.A. 
 1916D. 170. 
 
 INTENTIONAL INJURIES. 
 
 As accident within insurance policy. 30 
 L.R.A. 207. 
 
 Liability for intentional injury by attrac- 
 tive nuisance. 19 L.R.A. (N.S.) 1107. 
 
 Provision exempting insurer or limiting its 
 liability in case of an injury inten- 
 tionally inflicted by another. 48 L.R.A. 
 (N.S.) 524. 
 
 Admissibility of opinion evidence as to 
 whether injuries were self-inflicted. 
 L.R.A.1915A, 1088. 
 
 INTENTIONAL KILLING. 
 
 Right to recover for intentional killing of 
 person. 46 L.R. A. (N.S.) 930. 
 
 INTERDICTION. 
 
 Liability of insurer under policy of marine 
 insurance for loss occasioned by inter- 
 diction. 5 B. R. C. 32. 
 
 INTEREST. 
 
 /. In general, 1. 
 II. For use of money, 2-2O. 
 
 a. In general, 2, 3. 
 
 b. When recoverable, 4-18. 
 
 c. Rate, 19. 
 
 d. Compound interest, 2O. 
 
 I. In general. 
 
 1. Generally. 
 
 Effect of, on competency of as witness, see 
 WITNESSES, 23, 24. 
 
 Interest which will disqualify one to serve 
 as commissioner or juror in eminent 
 domain proceedings. 47 L.R.A. { N.S.) 
 j 51. 
 
 Of juror as ground for new trial. ]8 L.R.A. 
 476. 
 
 Disqualifying grand juror. 28 L.R.A. 201. 
 
 Kegin iritli this booh- on every hot' question. 
 
 INTEREST, I. cont'd 
 
 Of subscribing witness as affecting neces- 
 sity for calling to prove. 35 L.R.A. 
 336. 
 
 Effect of, on right to take acknowledgment, 
 33 L.R.A. 332. 
 
 Right to maintain bill of review as de- 
 pendent on. 36 L.R.A. 385. 
 
 Who are persons interested entitled to con- 
 test will. L.R.A.1918A, 447. 
 
 II. For use of money, 
 a. In general. 
 
 2. Generally. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 7, 7a. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 108. 
 
 Sufficiency of tender of payment of, see 
 TENDER, 3. 
 
 Usurious interest, see USUBY. 
 
 Validity of provision in contract against 
 interest. L.R.A.1916A, 555. 
 
 Agreement to pay interest on an obligation 
 for an indefinite period as coHgidera- 
 tion for an agreement to release the 
 principal. L.R.A. 10160, 387. 
 
 Forfeiture or other effect of illegally tak- 
 ing, or reserving, by national banks. 
 50 L.R.A. 673. 
 
 Effect of payment less interest, as an ac- 
 cord. 20 L.R.A. 789; L.R.A.1917A, 723 
 
 Addition of clause for, to note as material 
 alteration. 35 L.R.A. 466. 
 
 Remission of, for purpose of jurisdiction. 
 28 L.R.A. 225. 
 
 Application, as between principal and in- 
 terest, of payment made before due. 
 15 L.R.A. 169. 
 
 Accrued interest as part of par value with- 
 in prohibition against sale of bonds at 
 less than par. 35 L.R.A. (N.S.) 789. 
 
 Authority of agent to collect interest where 
 security is not in his possession. 23 
 L.R.A.(N.S.) 418, 420. 
 
 Collection of interest by agent as evidence 
 of authority to collect principle, where 
 security is not in his possession. 
 L.R.A.1916B, 801. 
 
 Exemption from state taxation of paper 
 given for interest on obligations of 
 Federal government. 5 L.R.A. (N.S.) 
 608. 
 
 Commercial paper as payment of. 35 L.R.A. 
 (N.S.) 85. 
 
 Paying interest on forged mortgage as 
 estoppel to question the mortgage. 41 
 L.R. A. (N.S.) 740. 
 
 Payment of interest by devisee of property 
 covered by mortgage, as keeping debt 
 alive against whole estate. 2 B. R. C. 
 293. 
 
 Payment of, on premium notes as condition, 
 of obtaining paid-up policy. 15 L.R.A. 
 452. 
 
 Application of dividends or profits to in- 
 terest in case of paid-up and nonfor- 
 feiting policies of life insurance. 15- 
 L.R.A. 453.
 
 INDEX TO L.R.A. NOTES. 
 
 753 
 
 INTERST, II. a cont'd 
 
 Conclusiveness. of stated or settled account 
 containing inaccuracy or error in com- 
 putation of interest. 23 L.R.A. (N.S.) 
 787. 
 
 Liability of depositor who requests bank to 
 hold noninterest bearing deposit 
 against a claimant, to reimburse bank 
 for interest which it is compelled to 
 pay to claimant on the legal estab- 
 lishment of his claim to the deposit. 
 L.R.A.1915E, 797. 
 
 Xegoti ability of note providing for interest 
 after maturity. L.R.A.19.15B, 1216. 
 
 Payment of, or promise to pay, interest as 
 consideration for agreement extending 
 time of payment. 52 L.R.A. (N.S.) 341. 
 
 Payment of interest in advance as consider- 
 ation for agreement extending time of 
 payment of obligation. 52 L.R.A. 
 (N.S.) 353. 
 
 Sufficiency of overdue interest to put pur- 
 chaser of negotiable paper on inquiry. 
 44 L.R.A.(N.S.) 401; L.R.A.1918F, 
 1151. 
 
 Allowance for interest on cost of public 
 utility plants during construction in 
 estimating value thereof. 48 L.R.A. 
 (N.S.) 1043. 
 
 Treatment of interest charges in estimating 
 the return of a public service corpora- 
 tion for rate-making purposes. 52 
 L.R.A. (N.S.) 57. 
 
 Effect of provision for remission of part of 
 the principal or interest if payment is 
 made at maturity. 46 L.R.A. (N.S.) 
 897. 
 
 When instrument drawn "without interest" 
 begins to draw interest. 43 L.R.A. 
 (N.S.) 783. 
 
 Exercise of option to retire obligation be- 
 fore maturity as stopping interest. 43 
 L.R.A. (N.S.) 1146. 
 
 Power of court to amend verdict bv adding 
 interest. 25 L.R.A. (N.S.) 3l'l. 
 
 Federal courts following state decisions as 
 to. 40 L.R.A. (N.S.) 428. 
 
 2a. Acceptance of principal sum as 
 affecting right to interest. 
 
 Acceptance of principal sum as affecting 
 the right to interest. 40 L.R.A. 
 
 (N.S.) 588. 
 
 3. Default in payment of. 
 
 Foreclosure of mortgage on default of, see 
 MORTGAGE, 65. 
 
 Effect of negotiability of bill or note of 
 provision accelerating maturity for fail- 
 ure to pay instalment of. 35 L.R.A. 
 (N.S.) 39i; KR.A.1915B, 472. 
 
 b. When recoverable. 
 
 4. Generally. 
 
 On advances, see ADVANCKS, 5. 
 Against stockholders, see CORPORATIONS, 
 108. 
 
 On lines by loan associations. 35 L.R.A. 
 220. 
 
 On withdrawals from building and loan 
 association. 35 L.R.A. 293. 
 
 On advancements or their equalization; aft- 
 er donor's death. 14 L.R.A. 716. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INTEREST, II. b cont'd 
 
 On amount due for arrearages of annuity. 
 63 L.R.A. 629. 
 
 On unpaid instalments of alimonv. 44 
 L.R.A. (N.S.) 1006. 
 
 On withdrawal from loan association. 49 
 L.R.A. (N.S.) 1135. 
 
 Allowance of. on value of vessel captured as 
 prize. 18 L.R.A. 453. 
 
 Right of accommodation party who is 
 obliged to pay bill or note to recover 
 interest from accommodated party. 37 
 L.R.A. (N.S.) 788. 
 
 Effect on. of dishonor of note transferred 
 after maturity. 46 L.R.A. 799. 
 
 Implied right to interest on taxes or as- 
 sessment. 6 L.R.A. (N.S.) 694. 
 
 Liability of auctioneer or clerk of auction 
 for.' 35 L.R.A. (N.S.) 483. 
 
 Law governing as to interest on insurance 
 policy. 63 L.R.A. 868. 
 
 Does guaVantor's liability for payment of 
 interest cease at maturity of the obli- 
 gation. 21 L.R.A. (N.S.) 154. 
 
 Issuance of interest-bearing corporate stock. 
 27 L.R.A. 149. 
 
 Liability of public officer for interest re- 
 ceived on public money. L.R.A.1918B, 
 811. 
 
 Liability of bank for interest on or profits 
 derived from public funds deposited 
 with it. L.R.A.1918E, 678. 
 
 Liability for, under policy insuring against 
 employer's liability. 43 L.R.A. (N.S.) 
 1130. 
 
 How far does limitation of liability in 
 policy of indemnity insurance against 
 liability for injuries to employees and 
 others "include interest. L.R.A.1918D, 
 187. 
 
 As element of compensation to be paid pub- 
 lic utility company upon taking its 
 plant. 47 L.R.A. (N.S.) 790. 
 
 Liability of bank for interest on money 
 deposited with it to secure perform- 
 ance of contract or decree, or to in- 
 demnify against losses or claims. 52 
 L.R.A. ( N.S.) 522. 
 
 Interest during receivership on claims ac- 
 cruing prior to appointment of receiver. 
 L.R.A.1917D, 1157. 
 
 Effect of war between countries of debtor 
 and creditor. L.R.A.1917C, 672. 
 
 5. On bonds. 
 
 Allowance of. on penalty of bonds. 55 
 L.R.A. 384. 
 
 Right to, in action on replevin bond. 30 
 L.R.A. (N.S.) 370. 
 
 Liability of bond of public officer for inter- 
 est received on public money. 30 
 L.R.A.(N.S.) 855; L.R.A.1918B, 811. 
 
 Right in action on bond to recover inter- 
 est when total sum is thereby made to 
 exceed the penalty. 19 L.R.A. (N.S.I 
 84. 
 
 Exercise of option to retire obligation before 
 maturity as stopping interest. -4.'} 
 L.R.A. (NS.) 1146. 
 
 6. On sum allowed as damages. 
 
 On loss by collision, see COLLISION, 2. 
 48
 
 754 
 
 INDEX TO L.R.A. NOTES. 
 
 INTEREST, II. b conf d 
 
 Governing law with respect to interest as 
 damages. 56 L.R.A. 303; 62 L.R.A. 
 37. 
 
 On amount awarded to public utility com- 
 pany upon taking its plant. 47 L.R.A. 
 (N.S.) 790. 
 
 Interest on amount allowed mortgagee in 
 possession for repair or improvement of 
 property. 49 L.R.A. (N.S.) 129. 
 
 Right to interest in condemnation proceed- 
 ings. L.R.A.1916C, 3109. 
 
 On claim for penalty against national bank 
 for reserving illegal interest. 56 L.R.A. 
 707. 
 
 On amount allowed as damages for injury 
 by damming back water of stream. 59 
 L.R.A. 897. 
 
 Right to interest on allowed claims in bank- 
 ruptcy. 29 L.R.A. (N.S.) 887; L.R.A. 
 1915B, 884. 
 
 For personal injuries. 14 L.R.A. 548; 18 
 L.R.A. 449. 
 
 For injuries to property. 18 L.R.A. 449. 
 
 Right to interest on unliquidated damages. 
 28 L.R.A. (N.S.) 1. 
 
 On amount recovered \>y servant for wrong- 
 ful discharge. 6 L.R.A. (N.S.) 91. 
 
 7. On rescinding sale for breach of 
 warranty. 
 
 Purchaser's right of interest on breach of 
 warranty on sale of seeds. 37 L.R.A. 
 (N.S.) 88. 
 
 Right of purchaser upon rescinding con- 
 tract for breach of warranty to recover 
 interest. 27 L.R.A. (N.S.) 928. 
 
 8. On judgments. 
 
 On judgments. 17 L.R.A. 612. 
 
 Conflict of laws as to. 56 L.R.A. 309. 
 
 Change of interest on judgment as im- 
 pairment of obligation of contracts. 17 
 L.R.A. 612. 
 
 On amount awarded to public utility com- 
 pany upon taking its plant. 47 L.R.A. 
 (N.S.) 790. 
 
 9. Ori legacies. 
 See WILLS, 104. 
 
 10. Against cotenants. 
 
 Liability of cotenant for, on rents and prof- 
 its/ 28 L.R.A. 853; 29 L.R.A. (N.S.) 
 233. 
 
 Liability of cotenants for, on amounts ex- 
 pended for improvements and repairs. 
 29 L.R.A. 457. 
 
 11. Against copartners. 
 
 See PABTNEUSHIP, 28. 
 
 12. Against executors, trustees, etc. 
 
 Rate of. 29 L.R.A. 651. 
 Personal liability of executor or adminis- 
 trator to distributees for interest 
 where settlement of estate is de- 
 layed. 31 L.R.A.(N.S.) 350. 
 Liability for, of personal representative 
 carrying on business on behalf of es- 
 tate. 40 L.R.A.(N.S.) 220. 
 
 Begin with this book on every law question. 
 
 INTEREST, II. b cont'd 
 
 Effect of appointment of debtor as exec- 
 utor or administrator on interest on 
 debt. 26 L.R.A. (X.S.) 416. 
 
 Right to recover interest on claim for dd- 
 fault of coexecutor. 11 L.R.A. (N.S.) 
 346. 
 
 Personal liability of trustee for interest on 
 money lost through investments. 44 
 L.R.A. (N.S.) 975. 
 
 13. compound interest. 
 
 Origin, growth, and general statement of 
 the doctrine. 29 L.R.A. 622. 
 
 Principle of the allowance. 29 L.R.A. 623. 
 
 Option to take interest or profits. 29 L.R.A. 
 625. 
 
 Grounds for allowance. 29 L.R.A. 626. 
 Improper investment. 29 L.R.A. 637; 
 44 L.R.A. (N.S.) 975., 
 
 Who are chargeable. 29 L.R.A. 64(>. 
 
 Jurisdiction to allow. 29 L.R.A. 647. 
 
 How computed. 29 L.R.A. 648. 
 
 What sufficient to release from accountabil- 
 ity. 29 L.R.A. 656. 
 
 Effect of allowance on compensation. 29 
 L.R.A. 657. 
 
 Effect of allowance on costs. 29 L.R.A. 
 658. 
 
 14. Against officers. 
 
 Liability of public officers for interest col- 
 lected on deposits of public funds. 15 
 L.R.A. 456. 
 
 15. Against receiver. 
 
 Liability of receiver for interest on funds. 
 1 B. R. C. 416. 
 
 Interest during receivership on claims ac- 
 cruing prior to appointment of receiver. 
 L.R.A.1917D, 1157. 
 
 16. Against state. 
 
 Claims against state for. 42 L.R.A. 62. 
 
 17. Against county. 
 
 See COUNTIES, 11. 
 
 18. Against municipality. 
 
 Municipal liability for interest as creating 
 indebtedness within meaning of debt 
 limit provisions. 37 L.R.A. (N.S.) 
 1106; L.R.A.1917E, 455. 
 
 c. Rate. 
 
 19. Generally. 
 
 Usurious interest, see USURY. 
 
 Rate of interest on sum allowed as dam- 
 ages. 18 L.R.A. 457. 
 
 Against executors, trustees, etc. 29 L.R.A. 
 651. 
 
 Does lex rei sitce as to interest and usury 
 necessarily control in action on real 
 estate mortgage. 55 L.R.A. 933. 
 
 Constitutionality of statutory discrimina- 
 tion in rates. 2 L.R.A. (N.S.) 813; 27 
 L.R.A. (N.S.) 898.
 
 INDEX TO L.R.A. NOTES. 
 
 INTEERST, II. c cont'd 
 
 Change of interest on judgments as impair- 
 ment of obligation of contract. 17 
 L.R.A. (512. 
 
 Authority of agent to give paper for loan 
 as to rate of interest. L.R.A.1916C, 
 136. 
 
 Agreement to pay higher rate of interest 
 as consideration for agreement extenu- 
 ing time of payment. 52 L.R.A. (X.S.) 
 350. 
 
 Rate of interest allowed by admiralty court 
 in case of marine tort as affected by 
 place of occurrence or suit. 51 L.R.A. 
 (N.S.) 966. 
 
 Rate of interest after judgment on contract 
 fixing rate. 3 B. R. C. 169. 
 
 [Rate of interest during receivership on 
 claims accruing prior to appointment 
 of receiver. L.R.A.1917D, 1168. 
 
 Validity and effect of provision in contract 
 for increased rate of interest upon 
 default. L.R.A.1916E, 726. 
 
 A, Compound interest. 
 
 20. Generally. 
 
 Against trustees, executors, etc., see supra, 
 13. 
 
 Validity of agreement, made before interest 
 becomes due to pay interest on in- 
 terest. 33 L.R.A. (N.S.) 296. 
 
 Validity of agreement to pay interest on 
 interest, made after interest has be- 
 come due. 18 L.R.A. (N.S.) 633. 
 
 Right in case of renewal of loan, to com- 
 pute interest on basis of including ac- 
 cumulated interest as part of principal 
 of renewal. 6 L.RJUN.S.) 612. 
 
 Agreement to pay compound interest as 
 consideration for agreement extending 
 time of payment of obligation. 52 
 L.R.A.(N.S.)" 366. 
 
 INTKKKST-HEARING STOCK. 
 
 See CORPORATIONS, 74. 
 
 INTEREST CLAUSE. 
 
 Adding to note as material alteration. 35 
 L.R.A. 466. 
 
 INTERFERENCE. 
 
 In respect to patents, see PATENTS, 10. 
 
 INTERIOR. 
 
 Secretary of Interior, see SECRETARY OF IN- 
 TERIOR. 
 Consult also L.R.A. Digests of Cases. 
 
 INTERLINEATIONS. 
 
 For alteration of instruments by, see AL- 
 TERATION OF INSTRUMENTS. 
 
 In books of account as affecting admissi- 
 bilitv in evidence. 52 L.R.A. 575. 
 
 INTERLOCUTORY ORDERS OR DE- 
 CREES. 
 
 Collusiveness of prior decision on appeal 
 as to. 34 L.R.A. 340. 
 
 Right to appeal from rest of order after 
 accepting favorable part. 29 L.R.A. 
 (N.S.) 24. 
 
 Conclusiveness of interlocutory decree as to 
 validity of patent in other .actions be- 
 tween same parties. 6 B. R. C. 729. 
 
 INTERMARRIAGE. 
 
 Of parties divorced, effect on right to ali- 
 mony or provision in lieu of alimony. 
 3 L.R.A.(N.S.) 923. 
 
 INTERMEDIATE INCOME. 
 
 Right to intermediate income under bequest 
 to persons who come into existence aft- 
 er death of the testator. L.R.A.1916F, 
 800. 
 
 INTERMEDIATE POINT. 
 
 Right of shipper to demand a redelivery or 
 to divert the property at an inter- 
 mediate point. 15 L.R.A.(N.S.) 756; 
 L.R.A.1918B, 79. 
 
 INTERMENT. 
 
 Injunction to prevent or restrain interfer- 
 ence with, 3 L.R.A.(N.S.) 486. 
 
 INTERNAL HEMORRHAGE. 
 
 As evidence of statutory wounding. 28 
 L.R.A.(N.S.) 965. 
 
 INTERNAL IMPROVEMENTS. 
 
 Statutes legalizing invalid subscriptions to. 
 27 L.R.A. 701.
 
 INDEX TO L.K.A. NOTES. 
 
 INTERNAL IMPROVEMENTS cont'd 
 ('(instruction or improvement of highway as 
 an "internal improvement" within the 
 
 INTERNATIONAL LAW cont'd 
 Regulation of right of fishery. 39 L.R.A. 
 
 meaning of a constitutional prohibition ' Jurisdiction over sea. 46 L.R.A. 264. 
 
 against the state engaging in or aid- 
 
 ing internal 
 1917C, 1038. 
 
 improvements. L.R.A. 
 
 INTERNAL REVENUE. 
 
 1. Generally. 
 
 Federal income tax, see TAXES, 106. 
 
 Effect on rights or interests of innocent per- 
 sons of seizure of property under inter- 
 nal revenue laws. L.R.A.1916E, 350. 
 
 Effect on contract of failure to procure 
 license. 16 L.R.A. 425. 
 
 Question relating to, as Federal question. 
 62 L.R.A. 538. 
 
 Criminal or penal liability for act of agent, 
 partner, or servant. 41 L.R.A. 654. 
 
 Necessity and sufficiency of statement of 
 grounds in notice of protest required 
 as condition of recovering back inter- 
 nal revenue unlawfully collected. 36 
 L.R.A. (N.S.) 482. 
 
 2. Omission of, or failure to cancel, 
 revenue stamp. 
 
 On employee's contract. 4 L.R.A. (N.S.) 
 
 707, 711. 
 Forgery of unstamped instrument. 24 
 
 L.R.A. 44. 
 Unstamped check as subject of larceny or 
 
 embezzlement. 42 L.R.A. (N.S.) 499. 
 Effect of omission to stamp an instrument 
 on which the law requires a 
 stamp, or to cancel the stamps on 
 such an instrument. 48 L.R.A. 
 305. 
 
 Want of internal revenue stamp on instru- 
 ment requiring stamp as affecting 
 criminal prosecution. 46 L.R.A. 
 454. 
 
 Omission of stamp as affecting question 
 whether commercial paper operates as 
 payment of debt. 35 L.R.A. (N.S.) 72. 
 
 INTERNATIONAL COPYRIGHT. 
 
 Sufficiency of compliance with law of origin 
 to secure protection under internation- 
 al copyright act. 1 B. R. C. 785. 
 
 INTERNATIONAL LAW. 
 
 As to private international law, see CON- 
 FLICT OF LAWS. 
 As to treaties, see TREATIES. 
 
 Duty of conquering state with respect to 
 obligations of conquered state. 5 B. R. 
 
 c. noo. 
 
 to recover price of property sold in 
 
 aid of rebellion. 
 licyiii irith thin 
 
 Sufficiency of compliance with law of ori- 
 gin to secure protection under interna- 
 tional copyright act. 1 B. R. C. 785. 
 
 INTERNE. 
 
 Liability of operating surgeon for negli- 
 gent act of interne in caring for pa- 
 tient. 27 L.R.A. (N.S.) 1174; L.R.A. 
 1918C, 134. 
 
 INTERNMENT. 
 
 Of naturali/ed citizens. 7 B. R. C. 772. 
 
 15 L.R.A. 834. 
 
 .' on every Jaw question. 
 
 INTERPLEADER. 
 
 1. Generally. 
 
 In respect of deposit money at auction. 
 35 L.R.A. (N.S.) 484. 
 
 Right of wrongdoer to maintain bill of. 
 L.R.A.1918D, 1172. t 
 
 Right of bailee to interplead bailor with 
 third person claiming paramount title. 
 33 L.R.A. (N.S.) 681. 
 
 Right to interplead different taxing dis- 
 tricts claiming right to tax same prop- 
 erty. 35 L.R.A. (N.S.) 330. 
 
 Removal, because of separable controversy, 
 of bills of. 5- L.R.A. (N.S.) 91. 
 
 Determining liability of corporation for un- 
 authorized transfer of stock on its 
 books in proceeding by bill of inter- 
 pleader filed bv the corporation. 45 
 L.R.A.(N.S.) 1083. 
 
 2. Right of representative of dece- 
 den^SL. estate to iiilerplead claim- 
 ants. , 
 
 Exclusiveness of surrogate's jurisdiction. 
 37 L.R.A.(N.S.) 986. 
 
 Collusiveness of surrogate's decree. 37 
 L.R.A. (N.S.) 987. 
 
 Indifference of representative. 37 L.R.A. 
 (N.S.) 988. 
 
 Interpleading devisee or distributee and his 
 creditor. 37 L.R.A. (N.S.) 989. 
 
 Interpleading devisee or distributee and' one 
 claiming adversely to, or as creditor 
 of, the estate. 37' L.R.A. (N.S.) 989. 
 
 Interpleading distributees. 37 L.R.A. (N.S.) 
 991. 
 
 Interpleading persons claiming to be a 
 named legatee of devisee. 37 L.R.A. 
 (N.S.) 991. 
 
 Miscellaneous cases. 37 L.R.A. (N.S.) 991. 
 
 3. By one having contract with one 
 of parties defining his rights or 
 obligations as to subject matter. 
 
 Interpleader where the original relation is 
 
 contractual. 10 L.R.A. (N.S.) 748.
 
 INDEX TO L.K.A. NOTES. 
 
 INTERPLEADER confd 
 
 Interpleader where an independent con- 
 tractual relation exists. 10 L.R.A. 
 (N.S.) 758. 
 
 INTERPRETATION. 
 
 See CONSTRUCTION. 
 
 INTERPRETER. 
 
 Evidence of conversation through, see EVI- 
 DENCE, 241. 
 
 Capacity and competency of interpreter. 
 L.R.A.1916F, 1206. 
 
 Improper influence or interference with 
 grand jury, by. 28 L.R.A. 372. 
 
 Validity of attestation of will through in- 
 terpreter. L.R.A.1918B, 691. 
 
 *--* 
 
 INTERSECTING VEINS. 
 
 In mines. 50 L.R.A. 209. 
 
 -- 
 
 INTERSECTION. 
 
 Of mining claims, see MINES, 7. 
 
 INTERSTATE COMMERCE. 
 
 See COMMERCE. 
 
 INTERSTATE COMMERCE COMMIS- 
 SION. 
 
 Jurisdiction of Commission in regard to 
 
 transit privileges. L.R.A.1918A, 181. 
 Attitude of Commission toward transit 
 
 privileges. L.R.A.1918A, 182. 
 Power of state court to review rulings of. 
 
 L.R.A.1917E, 919. 
 Action to enforce order of reparation by. 
 
 L.R.A.1918E, 313. 
 Injunction to restrain violation of orders 
 
 of. L.R.A.1918E, 308. 
 
 INTERSTATE CORPORATION. 
 
 Extent and limit of state authority over. 
 24 L.R.A. (N.S.) 769. 
 
 INTERURBAN RAILROADS. 
 
 1. Generally. 
 
 As to railroads, generally, see RAILROADS. 
 As to street railways, generally, see STREET 
 
 RAILWAYS. 
 
 See also ELECTRIC RAILWAYS. 
 Consult also L.R.A. Digests of Cases. 
 
 INTERURBAN RAILROADS cont'd 
 
 Power of municipality over interurban 
 vehicles used for hire. L.R.A.1918H. 
 891. 
 
 Right of witness to express opinion as to 
 speed of cars. L.R.A.1918A, 702. 
 
 Liability of company operating railroad 
 along highway for injury to live stock. 
 L.R.A.1917E, 770. 
 
 Frightening horse on highway by locomo- 
 tive, car, or train running parallel 
 therewith. 33 L.R.A. (N.S.) 123. 
 
 As affected by abrogation of fellow serv- 
 ant's rule as to railroads. 17 L.R.A. 
 
 (N.S.) 117. . '(.':,; 
 
 Applicability of commerce clause or stat- 
 utes thereunder to. 46 L.R.A. (N.S.) 
 385. 
 
 2. As additional burden. 
 See EMINENT DOMAIN, 57. 
 
 3. As carrier. 
 
 As to carriers, generally, see CARRIERS. 
 
 Is an interurban railroad company con- 
 trolled by the general railroad law as 
 to operation of railroads as carriers 
 of passengers.. 67 L.R.A. 637. 
 
 Right of municipal corporation to compel 
 interurban cars to stop for passengers. 
 16 L.R.A.(N.S.) 914. 
 
 Duty of, as to accommodations for board- 
 ing or leaving car at country crossing. 
 13 L.R.A. (N.S.) 476. 
 
 Duty to provide and keep gate on interur- 
 ban car closed. 32 L.R.A. (N.S.) 346. 
 
 4. Contributory negligence on tracks 
 of. 
 
 Duty to look and listen before crossing 
 tracks of electric road. 15 L.R.A. 
 (N.S.) 254. 
 
 Duty to look and listen before crossing in- 
 terurban electric railway on company's 
 own right of way. 23 L.R.A.(N.S.) 
 1224. 
 
 INTERVENING CAUSE. 
 
 In general, see PROXIMATE CAUSE. 
 
 Failure of road authority to make repaira 
 as intervening cause relieving from lia- 
 bility for negligence one responsible for 
 the condition of the highway. 3 B. R. 
 C. 1000. 
 
 INTERVENTION. 
 
 In attachment suit, see ATTACHMENT. 20. 
 In action generally, see PARTIES, 38. 
 
 Remedy of pretermitted heirs by interven- 
 
 ing in administration. 
 (N.S.) 1147. 
 
 37 L.R.A.
 
 758 
 
 INDEX TO L.R.A. NOTES. 
 
 INTIMIDATION. 
 
 Of witness as contempt of court. L.R.A. 
 1915D, 571. 
 
 Effect of intimidation during strike on car- 
 rier's liability. 35 L.R.A. 627. 
 
 Plea of guilty under intimidation. 34 
 L.R.A. (N.S.) 257. 
 
 INTOXICATED PERSONS. 
 
 See DRUNKENNESS; HABITUAL DEUNKABDS; 
 INTOXICATING LIQUORS. 
 
 INTOXICATING LIQUORS. 
 
 I. In general, 1. 
 II. Prohibition and regulation, 2- 
 
 8a. 
 
 III. License; bond, 9- IS. 
 IV. Unlawful sales; offenses; liquor 
 
 nuisance, 19-37. 
 F. Civil liability and remedies, 
 38-41. 
 
 I. In general. 
 
 1. Generally. 
 
 As to intoxication, see DRUNKENNESS. 
 What intoxication will excuse crime, see 
 
 CRIMINAL LAW, 10. 
 Use of, by insured, see INSURANCE, 98. 
 
 Intoxicating liquor held for illegal purpose 
 as subject of larceny. L.R.A.1918D, 
 690. 
 
 Sale of stock of liquors. L.R.A.1916D, 1010. 
 
 Sufficiency of selection or designation of 
 part sold out of a larger lot. 26 L.R.A. 
 (N.S.) 36. 
 
 Conducting liquor business in violation of 
 law as affecting contract for its sale. 
 45 L.R.A. (N.S.) 810. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 Who is engaged in the liquor business with- 
 in meaning of insurance contract. 45 
 L.R.A.(N.S-) 1144. 
 
 Validity of insurance on intoxicating 
 liquors as affected by liquor laws. 31 
 L.R.A.(N.S.) 874. 
 
 Scope and effect of provisions in policy for- 
 bidding use of intoxicating liquor. 15 
 L.R.A.(N.S.) 206; 25 L.R.A. (N.S.) 
 1241. 
 
 Power of brewing corporation to purchase 
 or lease property to be used by retail- 
 ers of its products. 47 L.R.A. (N.S.) 
 898. 
 
 Power of corporation organized for the 
 manufacture and sale of liquor to 
 enter into contracts of guaranty or 
 suretyship on behalf of its customers 
 or prospective customers. 27 L.R.A. 
 (N.S.) 186; L.R.A.1918C, 1008. 
 
 Voluntariness of confession procured by 
 use of intoxicants. J8 L.R.A. (N.S.) 
 843. 
 
 Begin icith this booTc an evert) law question. 
 
 INTOXICATING LIQUORS, I. cont'd 
 Intoxicating liquors as a family expense or 
 
 necessary within statute rendering wife 
 
 or her property liable therefor. L.R.A. 
 
 1917F, 861. 
 Right of municipal corporation to engage 
 
 in salt- of. 31 L.R.A. (N.S.) 117. 
 
 II. Prohibition and regulation. 
 
 2. Generally. 
 
 Regulation of liquors as interference witir 
 commerce, see COMMERCE, 15. 
 
 Conflict of laws as to taking liquor into 
 prohibition territory, see CONFLICT OF 
 LAWS, 36. 
 
 Disbarment of attorney for violating liquor 
 law. L.R.A.1918A, 1192. 
 
 What is a village within statutes or ordi- 
 nances in relation to intoxicating liq- 
 uor. L.R.A.1915C, 898. 
 
 Right to inspect liquor records. 27 L.R.A. 
 85. 
 
 On what basis majority essential to adop- 
 tion of high license law is to be com- 
 puted. 22 L.R.A.(N.S.) 478. 
 
 Mandamus to compel public officials to en- 
 force the liquor law. 28 L.R.A. (N.S.) 
 246. 
 
 Injunction against bringing intoxicating 
 liquor into prohibition district. 35 
 L.R.A.(N.S.) 879; L.R.A.1917D, 1027. 
 
 Effect upon lease of property for saloon or 
 passage of prohibitory laws during the 
 term. 19 L.R.A. (N.S.) 904: 23 L.R.A. 
 (N.S.) 497; 34 L.R.A.(N.S-) 773; 
 L.R.A.1917C, 935. 
 
 Necessity for indictment or info'.mation for 
 sale of intoxicating liquors contrary to 
 prohibitory statute or ordinance stat- 
 ing name of purchaser. 23 L.R.A. 
 (N.S.) 582. 
 
 Construction and effect of Webb-Kenyon 
 Act. L.R.A.1917B, 1229. 
 
 2a. Constitutionality generally. . 
 
 Statute or ordinance forbidding or restrict- 
 ing advertisements of intoxicating liq- 
 uor. L.R.A.1916B, 895. 
 
 Constitutionality of Webb-Kenyon Act. 
 L.R.A.1916C, 307; L.R.A.1917B, 1229; 
 L.R.A.1918B, 455. 
 
 Power of municipality to prohibit trans- 
 portation of liquor into its territory. 
 L.R.A.1916E, 926. 
 
 Provision in act against giving away of in- 
 toxicating liquor where title only pro- 
 hibits or regulates its sale. 15 L.R.A. 
 (N.S.) 430. 
 
 Power of legislature to permit sales of in- 
 toxicating liquors. 14 L.R.A. (N.S.) 
 172. 
 
 Validity of municipal ordinance declaring 
 that all or certain classes of offenses 
 denounced by law of state shall be of- 
 fenses also under the ordinance. 26 
 L.R.A. (N.S.) 493. 
 
 Constitutional right of state to declare cer- 
 tain liquor intoxicating irrespective of 
 its intoxicating character as a matter 
 of fact. 6 L.R.A. (N.S.) 186.
 
 INDEX TO L.R.A. NOTES. 
 
 759 
 
 INTOXICATING LIQUORS, II. cont'd 
 Federal courts following state decisions as 
 to validity of ordinances respecting 
 traffic in. ' 40 L.R.A. (N.S.) 442. 
 
 3. Constitutionality of prohibition. 
 
 Constitutionality of statute forbidding car- 
 rying of liquors into prohibition dis- 
 trict. 17 L.R.A. (N.S.) 299. 
 
 Exceptions in constitutional prohibition as 
 limitation upon legislative power. 36 
 L.R.A.(N.S.) 173. 
 
 Municipal ordinance for punishment of sale 
 which is prohibited by statute. 17 
 L.R.A.(N.S.) 49. 
 
 Power to prohibit the manufacture or pro- 
 duction of liquor for one's own use. 
 L.R.A.1918A, 419. 
 
 Power to prohibit manufacture of alcohol 
 or liquor for uses other than as a 
 beverage;. 49 L.R.A. (N.S.) 182. 
 
 Power to prohibit the keeping of intoxicat- 
 ing liquor, irrespective of any inten- 
 tion to sell it in violation of law. 24 
 L.R.A.(N.S.) 173; 26 L.R.A. (N.S.) 
 394; L.R.A.1915D, 172; L.R.A.1917D, 
 9S8. 
 
 Constitutional right to prohibit sale of in- 
 toxicating liquor. 15 L.R.A. 
 (N.S.) 908. 
 
 Power of state to prohibit solicitation of 
 orders for intoxicating liquors by mail 
 sent from another state. 36 L.R.A. 
 (N.S.) 443. 
 
 4. against non-intoxicating liquors. 
 
 Constitutional power to prohibit or regu- 
 late sale of nonintoxicating alcoholic 
 liquor. 26 L.R.A. (N.S.) 872. 
 
 Power of municipality to regulate the sale 
 of nonintoxicating alcoholic beverages. 
 26 L.R.A.(N.S.) 890. 
 
 Power to prohibit or regulate the sale of 
 "soft" drinks. 34 L.R.A. (N.S.) 
 890. 
 
 Right of state to declare certain liquor in- 
 toxicating irrespective of its intoxicat* 
 ing character as matter of fact. 6 
 L.R.A.(N.S.) 186. 
 
 5. Conditions of business. 
 
 Validity of ordinance excluding persons 
 from saloon during hours of closing. 4 
 L.R.A. (N.S.) 109. 
 
 Special penalty for violation of Sunday clos- 
 ing act. 15 L.R.A. (N.S.) 646. 
 
 As to statute making possession of liquor 
 prinia facie evidence of illegal intent to 
 violate the law. 1 L.R.A. (N.S.) 620. 
 
 Regulations affecting privacy or attractive- 
 ness of premises where liquor is 
 sold. 50 L.R.A. (N.S.) 1156. 
 
 6. exclusion from saloons. 
 
 Power to exclude women from saloons. 18 
 
 L.R.A. (N.S.) 657. 
 Validity of statutes regulating admission 
 
 of minors to saloons. 22 L.R.A. (N.S.) 
 
 1007. 
 Consult af.so L.R.A. Digests of Cases. 
 
 INTOXICATING LIQUORS, II. cont'd 
 Validity of ordinance excluding persons 
 
 from saloon during hours of closing. 
 
 4 L.R.A. (N.S.) 109. 
 
 7 . screens. 
 
 Validity and construction of regulations 
 as to. 50 L.R.A.(N.S.) 1158. 
 
 Municipal power as to screens in barrooms. 
 24 L.R.A. 768. 
 
 Effect of temporary screening during pro- 
 hibited hours. 21 L.R.A. (N.S.) 136. 
 
 8. Local option. 
 
 Prosecution under general liquor law for 
 sale in local-option territory. 3 L.R.A. 
 (N.S.) 620. 
 
 Must indictment or information for sale ol 
 intoxicating liquors in local option dis- 
 trict state name of purchaser. 23 
 L.R.A. (N.S.) 582. 
 
 Tie vote at local option election. 49 L.R.A. 
 (N.S.) 1204. 
 
 8a. constitutionality of. 
 
 Local-option laws as unconstitutional dele- 
 gation of legislative power. 1 L.R.A. 
 (N.S.) 483. 
 
 Discrimination as between different locali- 
 ties, in respect to the right to sell in- 
 toxicating liquor. 8 L.R.A. (N.S.) 362. 
 
 Local option law as affecting existing pow- 
 er to regulate liquor traffic under char- 
 ter of municipality located within local 
 option district. 32 L.R.A. (N.S.) 534. 
 
 III. License; bond. 
 
 9. Generally. 
 
 As to licenses generally, see Licenses, II. 
 
 Consent of infant or incompetent, or his 
 guardian, committee, or agent, to a li- 
 cense for fhe sale of intoxicating liq- 
 uors. L.R.A.1916D, 819. 
 
 Power of city to extend exercise of licens- 
 ing power beyond the corporate limits. 
 L.R.A.1918C/528. 
 
 Applicability of licence laws to vessels. 
 L.R.A.1915F, 1142. 
 
 Remedy in equity for wrongful issuance of 
 license. L.R.A.1915E, 408. 
 
 Necessity of license for the sale of stock of 
 liquors. L.R.A.1916D, 1010. 
 
 Privilege or license to sell as subject of 
 taxation. 37 L.R.A. (N.S.) 455. 
 
 Quo warranto to test validity of liquor li- 
 cense. 24 L.R.A. (N.S.) 555. 
 
 Running two saloons in one building under 
 single license. 2 L.R.A. (N.S.) 488. 
 
 Power of municipality to make constituent 
 elements or operations of business inde- 
 pendent subjects of license tax. 5 
 L.R.A. (N.S.) 619. 
 
 Liability for privilege tax on illegal busi- 
 ness or business illegally conducted. 
 22 L.R.A. (N.S.) 949. 
 
 Must indictment or information for. sale of 
 intoxicating liquors without license 
 state name of purchaser. 23 L.R.A. 
 (X.S.) 582.
 
 760 
 
 INDEX TO L.R.A. NOTES. 
 
 INTOXICATING LIQUORS, III. cont'd 
 
 What constitutes hotel or tavern within 
 liquor license law. 20 L.R.A.(N.S.) 
 107. 
 
 Criminal liability for sale of liquor by co- 
 partner, servant or agent without li- 
 cense. 41 L.R.A. 664. 
 
 First and last days in computing time for 
 notice of application for license. 49 
 L.R.A. 246. 
 
 Is scope of license fixed by statute, appli- 
 cation, or terms of license. 35 L.R.A. 
 (N.S.) 376. 
 
 Validity of new contract based on sale 
 without a license. 9 L.R.A. (N.S.) 568. 
 
 Power to make use of property for sale of, 
 conditional on consent of neighbors. 8 
 L.R.A. (N.S.) 978. 
 
 Burden of proof as to license or permit 
 in prosecution for sale of intoxicating 
 liquor without a license. 36 L.R.A. 
 (N.S.) 98. 
 
 Liquor license as asset. 4 L.R.A. (N.S.) 
 626. 
 
 Right to recover price of liquor sold without 
 license. 16 L.R.A. 424. 
 
 10. Amount of fee. 
 
 Amount of liquor-license fee as character- 
 izing the statute or ordinance impos- 
 ing it as prohibitory or regulative. 14 
 L.R.A.(N.S.) 794. 
 
 Amount of liquor-license fees as character- 
 izing statute or ordinance imposing it 
 as an exercise of the police power or 
 of the taxing power. 14 L.R.A. (N.S.) 
 788. 
 
 Right to discriminate between parts of a 
 city as to amount of license fees for 
 sale of intoxicating liquor. 21 L.R.A. 
 (N.S.) 192. 
 
 11. Petition for or -remonstrance 
 against. 
 
 Right to withdraw names from petition for 
 or remonstrance against license. 11 
 L.R.A.(N.S.) 372; 35 L.R.A. (N.S.) 
 1113. 
 
 12. Qualifications of licensee. 
 
 Constitutionality of requirement that holder 
 of license must be resident of the state. 
 16 L.R.A. (N.S.) 1033. 
 
 Control by mandamus of decision of li- 
 censing officer as to fitness of appli- 
 cant. 27 L.R.A. (N.S.) 1195. 
 
 INTOXICATING LIQUORS, III. cont'd 
 13a. Constitutionality of license 
 laws. 
 
 License or tax as contrary to a constitution- 
 al provision prohibiting or restrict- 
 ing trallic in intoxicating liquor. 
 L.R.A.1915C, 101. 
 Delegation of power as to license. 20 
 
 L.R.A. 722. 
 
 j Constitutionality of requirement that holder 
 of liquor license must be resident of the 
 state. 16 L.R.A. (N.S.) 1033. 
 Amount of liquor-license fees as character- 
 izing the statute or ordinance impos- 
 ing it, as an exercise of the police pow- 
 er, or of the taxing power. 14 L.R.A. 
 (N.S.) 788. 
 
 Amount of license fee as characterizing the 
 statute or ordinance imposing it as pro- 
 hibitory or regulative. 14 L.R.A. ( N >. ) 
 794. 
 
 14. discrimination. 
 
 Equal privileges, and immunities as to sale 
 of. 14 L.R.A. 582. 
 
 Validity of police regulation discriminat- 
 ing in favor of saloons already estab- 
 lished. 6 L.R.A. (N.S.) 722. 
 
 Discrimination as between different locali- 
 ties, in respect to the right to sell. 8 
 L.R.A. (N.S.) 362. 
 
 Right to discriminate between parts of a 
 city as to amount of license fees. 21 
 L.R.A.(N.S.) 192. 
 
 Discrimination against nonresidents by 
 statute or ordinance as to license. 40 
 L.R.A.(N.S.) 284. 
 
 Discrimination against women in granting 
 licenses to sell. 49 L.R.A. 111. 
 
 15. Cancelation; revocation; for- 
 feiture. 
 
 Liability for damages for wrongful revoca- 
 tion of liquor license. 15 L.R.A. (N.S.) 
 698. 
 
 15a. constitutionality of provision 
 for. 
 
 Constitutionality of statute by which con- 
 viction of violation of liquor law en- 
 tails revocation of license and prohibi- 
 tion of sale of liquor. 30 L.R.A. (N.S.) 
 1004. 
 
 Validity of statute or ordinance providing 
 for forfeiture of liquor license upon 
 conviction of licensee irrespective of 
 appeal. 29 L.R.A. (N.S.) 417. 
 
 13. Discretion as to granting. 
 
 General doctrine. 21 L.R.A. 580. 
 Implied from statutory construction. 
 
 L.R.A. 581. 
 
 The limit of discretion. 21 L.R.A. 581. 
 Control of such discretion. 21 L.R.A. 
 State statutes. 21 L.R.A. 585. 
 Discretion of local authorities as to 
 
 number of licenses to be granted 
 
 the sale of intoxicating liquors. 
 
 L.R.A. (N.S.) 386. 
 Begin ivith this book on every law 
 
 21 
 
 583. 
 
 the 
 for 
 18 
 
 16. Recovery back of license fee. 
 
 Recovery of unearned liquor-license fee. 16 
 L.R.A. (N.S.) 512. 
 
 Recovery of unearned liquor license fee up- 
 on revocation of license for misconduct 
 of licensee. 45 L.R.A. (N.S.) 503. 
 
 Right to recover liquor license fee or un- 
 earned portion thereof upon adoption 
 of legislation or regulation inimical to 
 the sale of intoxicating liquor. lli 
 L.R.A. (N.S.) 519; L.R.A.1918C, 241. 
 question.
 
 INDEX TO L.R.A. NOTES. 
 
 761 
 
 INTOXICATING LIQUORS, III. cont'd 
 17. Bond. 
 
 Must indictment or information for sale of 
 intoxicating liquors without giving pre- 
 scribed bond state name of purchaser. 
 23 L.R.A.(N.S.) 582. 
 
 Liquor bond as affected by invalidity of 
 license. 47 L.R.A. (N.S.) 1031. 
 
 18. liability on. 
 
 Effect of insertion of unauthorized provi- 
 sions in. L.R.A.1917B, 990. 
 
 Liability of liquor dealer's bond for acts 
 other than the sale of liquor. 
 L.R.A.1916E, 272. 
 
 When liability on liquor dealer's bond ex- 
 hausted. 43 L.R.A. (N.S.) 76. 
 
 Survival of cause of action on liquor deal- 
 er's bond after death of licensee. 47 
 L.R.A.(N.S.) 183. 
 
 Effect on liability under liquor dealer's 
 bond of his ignorance of purchaser's 
 intoxication. 25 L.R.A. (N.S.) 801. 
 
 Effect upon surety of judgment against 
 principal. 40 L.R.A.(N.S.) 747; L.R.A. 
 1918E, 822. 
 
 Liability of sureties under civil damage act 
 where sales causing injury were not 
 confined to the period covered by their 
 bonds. 25 L.R.A. (N.S.) 585. 
 
 IF. Unlawful sales; offenses; liquor 
 nuisance. 
 
 19. Generally. 
 
 Interstate commerce in, see COMMERCE, 
 15. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 31. 
 
 Sale by druggists, see DRUGS AND DRUG- 
 GISTS, 4. 
 
 Presumption and burden of proof in prose- 
 cution for, see EVIDENCE, 117. 
 
 Sufficiency of evidence as to, see EVIDENCE, 
 327. 
 
 Sale to habitual drunkard, see HABITUAL 
 DRUNKARD, 2. 
 
 Indictment for sale, see INDICTMENT, INFOR- 
 MATION, AND COMPLAINT, 22. 
 
 Disbarment of attorney for violating liquor 
 
 law. L.R.A.1918A, 1192. 
 Injunction against bringing liquor into pro- 
 hibition territory. 35 L.R.A. (N.S. ) 879 ; 
 L.R.A.1917D, 1027. 
 
 Validity of statutory provision for attor- 
 ney's fee in proceeding by statute to 
 abate a liquor nuisance. L.R.A. 1915E, 
 949. 
 
 Sale of stock of liquors. L.R.A. 1916D, 1010. 
 Applicability of liquor laws to vessels. 
 
 L.R.A. Kn.lF, 1140. 
 
 Purchasing or procuring liquor for another 
 a* a substantive offense. 45 L.R.A. 
 (N.S.) 957. 
 
 Criminal responsibility of purchaser of in- 
 toxicating liquors illegally sold. 
 46 L.R.A. (N.S.) 409. 
 
 Criminal liability of collector of draft at- 
 tached to bill of lading of liquor. 46 
 L.R.A. (N.S.) 1139. 
 Consult also L.R.A. Digests of Cases. 
 
 INTOXICATING LIQUORS, IV. cont'd 
 
 Instigation or consent to violation of liquor 
 statute as a defense to prosecution. 30 
 L.R.A.(N.S.) 946; 51 L.R.A.(N.S.) 825. 
 
 Social treating as an offense. 21 L.R.A. 
 (N.S.) 134. 
 
 Constitutionality of statute making posses- 
 sion of liquor prima facie evidence of 
 illegal intent to violate it. 1 L.R.A 
 (N.S.) 626. 
 
 Who is entitled to invoke certiorari to re- 
 view a decree or order affecting the sale 
 of intoxicating liquors. 19 L.R.A. 
 (N.S.) 610. 
 
 Several offenses growing out of same facts, 
 31 L.R.A. (N.S.) 707, 712, 725. 
 
 Criminal responsibility of corporations for 
 offenses against liquor laws. 2 B. R. C. 
 251. 
 
 Proof of corpus delicti in prosecution for 
 sale of. 68 L.R.A. 55, 70. 
 
 Evidence of other crimes in prosecution for 
 violation of liquor law. 62 L.R.A. 230, 
 290, 325. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance. 38 
 L.R.A. (N.S.) 317, 321, 325. 
 
 Embezzlement of proceeds of liquor sold in 
 violation of law. 27 L.R.A.(N.S.) 
 415. 
 
 Sufficiency of delivery of intoxicating li- 
 quors sold out of larger lot. 26 L.R.A. 
 (N.S.) 36. 
 
 20. What constitutes a sale. 
 
 Manufacturing under contract as a sale. 
 L.R.A.1917B, 606. 
 
 Loan as. 8 L.R.A. (N.S.) 937: 31 L.R.A. 
 (N.S.) 417; L.R.A.1915C, 648. 
 
 Dividing consignment of liquor as. 11 
 L.R.A.(N.S.) 872. 
 
 Procuring liquor for another on physician's 
 prescription for self as an illegal sale. 
 21 L.R.A. (N.S.) 1008. 
 
 Effect of participating in purchase and di- 
 vision of quantity of liquor to render 
 one guilty of an unlawful sale. 22 
 L.R.A.(N.S.) 560. 
 
 Is one who obtains liquor for, and delivers 
 it to another, using the latter's 
 money, guilty of selling same. 24 
 L.R.A. (N.S.) 268: 28 L.R.A. (N.S.) 
 334; L.R.A.1917D, 1020. 
 
 Delivery by express agent to addressee and 
 collection of price of intoxicating liquor 
 sent C. 0. D. as a sale thereof by the 
 agent. 2 B. R. C. 407. 
 
 Serving liquor with meals by proprietor of 
 hotel, restaurant, or boarding house ns 
 a sale thereof. 25 L.R.A.(N.S.) 943- 
 52 L.R.A.(N.S.) 722. 
 
 Is serving liquor by a club to its members a 
 "sale." L.R.A.1915C, 878. 
 
 21. sale at retail. 
 
 What amounts to retail sale as distin- 
 guished from wholesale. 32 L.R.A. 
 (N.S.) 622; L.R.A.1915B, 389. 
 
 2 la. Sale on physician's certificate. 
 
 Right to rely on physician's certificate in 
 selling. 21 L.R.A. 449.
 
 INDEX TO L.R.A. NOTES. 
 
 INTOXICATING LIQUORS, IV. cont'd 
 Procuring liquor for another on physician's 
 prescription for self as an illlegal sale. 
 21 L.R.A.(N.S.) 1008. 
 
 Obtaining liquor upon physician's prescrip- 
 tion for another's use as a sale. 24 
 L.R.A. (N.S.) 273. 
 
 22. Sale by. club. 
 
 Applicability of liquor laws to social club 
 dispensing liquors to members. 12 
 L.R.A. (N.S.) 519; 20 L.R.A. (N.S.) 
 1095: 23 L.R.A. (N.S.) 192; 38 L.R.A. 
 (N.S.) 101; L.R.A.1915C, 876. 
 
 23. Sales by partner, servant, agent, 
 etc. 
 
 Criminal liability for violation of liquor 
 law by. 41 L.R.A. 660; 16 L.R.A. 
 (N.S.) 786; 20 L.R.A. (N.S.) 321; 33 
 L.R.A. (N.S.) 419. 
 
 Criminal responsibility of lessor of place 
 for illegal sale of intoxicating liquors. 
 44 L.R.A. (N.S.) 864. 
 
 Burden of proof as to license or permit in 
 prosecution for sale without license of 
 intoxicating liquors by agents or serv- 
 ants. 36 L.R.A. (N.S.) 100. 
 
 Knowledge necessary to charge owner with 
 conduct of tenants or others in selling 
 intoxicating liquor on premises in vio- 
 lation of injunction. 25 L.R.A. (N.S.) 
 602. 
 
 Penal liability for sale of intoxicating liquor 
 to minor acting as agent for an adult. 
 3 L.R.A.(N.S.) 1196; 25 L.R.A.(N.S-) 
 178. 
 
 Obtaining liquor for and delivering it to 
 another with latter's money as a sale. 
 24 L.R.A.(N.S.) 268; 28 L.R.A. (N.S.) 
 334; L.R.A.1917D, 1020. 
 
 24. Prohibited hours and days. 
 
 Effect of temporary screening of bar dur- 
 ing prohibited hours. 21 L.R.A. (N.S.) 
 136. 
 
 Opening saloon during prohibited hours for 
 purposes other than sale of liquor. 36 
 L.R.A.(N.S.) 167. 
 
 On what holidays unlawful. 19 L.R.A. 317. 
 
 25. Sundays. 
 
 Duty of innkeeper as to furnishing liquor to 
 
 traveler on Sunday. 2 B. R. C. 687. 
 Criminal liability for sale on Sunday by co- 
 
 partner, servant, or agent. 
 670. 
 
 41 L.R.A. 
 
 26. Place of sale. 
 
 intention. 44 L.R.A. (N.S.) 437. 
 
 Statutes purporting to fix the place of 
 sale. 44 L.R.A. (N.S.) 437. 
 
 Place where order is taken as place of sale. 
 44 L.R.A. (N.S.) 439. 
 
 Executory contract; place of acceptance of 
 oider as place of sale. 44 L.R.A. (N.S.) 
 442. 
 
 Place of delivery to carrier as place of sale. 
 44 L.R.A.(N.S.) 450. 
 
 Where delivery is made without aid of com- 
 mon carrier. 44 L.R.A. (N.S.) 463. 
 
 When exact place of sale involved : sale on 
 premises. 44 L.R.A. ( N.S. ) 466. 
 
 Begin icith this ftooTc on every law question. 
 
 INTOXICATING LIQUORS, IV. confd 
 Right of retail liquor dealer to deliver .vith- 
 
 in license district, but outside of place 
 
 designated in his license. 14 L.R.A. 
 
 (N.S.) 1142. 
 Shipment C. O. D. ; when and where does 
 
 title pass. 2 L.R.A. (N.S.) 383; 24 
 
 L.R.A. (N.S.) 143. 
 Must indictment or information for sale of 
 
 liquor within prohibited distance state 
 
 name of person to whom sale is made? 
 
 23 L.R.A. (N.S.) 582. 
 
 27. church; school. 
 
 Liability on liquor dealer's bond for sale 
 within prohibited distance of church. 
 L.R.A.191GE, 277. 
 
 What is a school or church, within a stat- 
 ute forbidding traffic in intoxicating 
 liquors within given distance of such a 
 building. 22 L.R.A. (N.S.) 194; 43 
 L.R.A.(N.S.) 1142. 
 
 Sale by others than retail saloon keepers 
 as violation of statute forbidding sale 
 within given distance of school or 
 church. 39 L.R.A. (N.S.) 615. 
 
 28. Sales to minors. 
 
 Penal liability for sale of liquors to minor 
 acting as agent for adult. 3 L.R.A. 
 (N.S.) 1196; 25 L.R.A. (N.S.) 178. 
 
 Criminal liability for sale of liquor to 
 minors by partners, agents or servants. 
 41 L.R.A. 666. 
 
 Validity, construction, and effect of statutes 
 regulating admission of minors to sa- 
 loons. 22 L.R.A.(N.S.) 1007. 
 
 29. ignorance of minority. 
 
 Seller's ignorance of minority of purchaser 
 as defense to prosecution for sale of in- 
 toxicating liquor to minor. 25 L.R.A. 
 (N.S.) 669. 
 
 Effect on liability under liquor dealer's 
 bond of his ignorance of purchaser's 
 minority. 25 L.R.A. (N.S.) 801. 
 
 30. Character of liquor. 
 
 Power to regulate or prohibit sale of non- 
 intoxicating drinks, see supra, 4. 
 
 Judicial notice as to intoxicating character 
 of liquor, see EVIDENCE, 15. 
 
 What liquors are within statutory restric- 
 tions as to the sale of "spirituous," 
 "vinous," "fermented," and other in- 
 toxicating liquors. 20 L.R.A. 645. 
 
 Right of jurors to act on their own knowl- 
 edge as to. 31 L.R.A. 496. 
 
 Judicial notice of intoxicating character of 
 mixed drink. 19 L.R.A. (N.S.) 848. 
 
 Constitutional right of state to declare cer- 
 tain liquor intoxicating irrespective of 
 its intoxicating character as a matter 
 of fact. 6 L.R.A. (N.S.) 186. 
 
 Is allegation or proof of the sale of "beer" 
 or "lager beer" sufficient to sustain a 
 conviction under statutes prohibiting 
 the sale of spirituous, vinous, distilled, 
 malt, fermented or intoxicating liquors. 
 7 L.R.A. (N.S.) 195: 25 L.R.A. (N.S.) 
 446; 48 L.R.A. (N.S.) 308.
 
 INDEX TO L.R.A. NOTES. 
 
 INTOXICATING LIQUORS, IV. eonfd 
 
 Alcoholic liquids not ostensibly intended for 
 beverages. L.R.A.1917F, 244. 
 
 'Wines intended for sacramental purposes. 
 L.R.A.1918F, 260. 
 
 Do statutes forbidding the sale of a certiin 
 class of liquor include noniiitoxicating 
 liquor. 20 L.R.A. (N.S.) 1140; 20 
 L.R.A.(N.S.) 895; 46 L.R.A. (N.S.) 
 759; L.R.A.1918B, 974. 
 
 31. mistake in beverage as de- 
 fense. 
 
 Mistake in beverage as defense to charge of 
 Illegal liquor sale. 6 L.R.A.(N.S.) 
 477; 21 L.R.A.(N.S.) 525; L.R.A. 
 1916D, 266. 
 
 32. Responsibility of carrier for 
 transporting'. 
 
 In general. 46 L.R.A. 417. 
 
 The question of knowledge. 46 L.R.A. 419. 
 
 What is a transportation or conveyance. 46 
 
 L.R.A. 4]9. 
 Evidence to support conviction. 46 L.R.A. 
 
 420. 
 Sufficiency of indictment or complaint. 46 
 
 L.R.A. 422. 
 
 Duty of carrier to accept liquor for trans- 
 portation to points where its sale is 
 
 prohibited or restricted. 40 L.R.A. 
 
 (N.S.) 798; 45 L.R.A. (N.S.) 120. 
 'What is sufficient to terminate interstate 
 
 transportation of liquor. 11 L.R.A. 
 
 (N.S.) 550; 23 L.R.A. (N.S.) 1020; 29 
 
 L.R.A.(N.S.) 745. 
 Constitutionality, construction, and effect 
 
 of Webh-Kenyon Act. L.R.A.1916C, 
 
 301; L.R.A.1918B, 455. 
 
 33. effect of mistake. 
 
 Ignorance of contents of package as defense 
 to carrier in prosecution for transport- 
 ing intoxicating liquor into prohibition 
 territory. 18 L.R.A. (N.S.) 1182. 
 
 34. Seizure and destruction. 
 
 Ri^lit of private citizen to destroy liquor 
 illegally kept for sale. 26 L.R.A. (N.S.) 
 996. 
 
 Right to compensation for intoxicating li- 
 quor seized under a warrant. 19 L.R.A. 
 197. 
 
 Effect of, on rights or interests of innocent 
 persons. L.R.A.1916E, 350, 354. 
 
 35. Punishment. 
 
 Conviction or acquittal of sale of liquor as 
 a bar to a prosecution for sales made 
 prior to the first indictment. 15 L.R.A. 
 (N.S.) 977. 
 
 Prosecution and punishment of distinct of- 
 fenses committed by single sale of 
 intoxicating liquor. 45 L.R.A. 858. 
 
 Municipal ordinance for punishment of sale 
 which is prohibited by statute. 17 
 L.R.A. (N.S.) 49. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 574; L.R.A.1915C, 567. 
 
 36. Injiinctfon agair.st sale. 
 
 See INJUNCTION 28. 
 
 Consult also L.R.A. Digests of Cases. 
 
 INTOXICATING LIQUORS, IV. <;ont'd 
 37. Liquor nuisance. 
 
 Injunction against, see INJUNCTION, 28. 
 
 Municipal regulation of, as a nuisance. 39 
 
 L.R.A. 525. 
 Conviction of keeping a common liquor 
 
 nuisance upon proof of a single sale. 
 
 L.R.A.1917F, 1110. 
 
 V. Civil liability and remedies. 
 
 38. Generally. 
 
 Validity of restrictive agreement ancillary 
 to sale of saloon business. 24 L.R.A. 
 (N.S.) 928; L.R.A.1916C, 630. 
 
 Effect of landlord's knowledge that tenant 
 intends to use property for illegal sale 
 of. 19 L.R.A. (N.S.) 662. 
 
 Right of one who intends to make an illegal 
 use of liquors to invoke aid of court for 
 recovery from one who has wrongfully 
 taken the same. 39 L.R.A. (N.S.) ]09.i. 
 
 Right of citizen or taxpayer to maintain 
 proceedings in aid of enforcement of 
 liquor laws. 14 L.R.A. (N.S.) 1156. 
 
 Rig}it of action in absence "of civil damage 
 act, for injury or death following un- 
 lawful sale of 'liquor. 34 L.R.A. (N.S.) 
 1036; 44 L.R.A. (N.S.) 299. 
 
 39. Levy on. 
 
 Right to levy legal process on. 20 L.R.A. 
 (N.S.) 1118. 
 
 40. Liability for purchase price. 
 
 Right to recover for price of liquor sold for 
 
 illegal uses. 15 L.R.A. 836. 
 Liability of purchaser on illegal sale of in- 
 toxicating liquors. 24 L.R.A. 212. 
 Conflict of laws as to. 61 L.R.A. 417. 
 Right to recover price of liquor sold without 
 license. 16 L.R.A. 424. 
 
 41. Civil damage act. 
 
 Liability of liquor dealer on bond, see supra, 
 
 18. 
 Proximate cause of injury, see PBOXIMATH 
 
 CAUSE, 21. 
 
 Wife's right of action at common law 
 against one selling liquor to husband. 
 40 L.R.A. (N.S.) 360. 
 
 Necessity to sustain a recovery under civil- 
 damage act, that the intoxication be 
 the proximate cause of the injury. 13 
 L.R.A.(N.S.) 1158; 50 L.R.A. (N.S.) 
 858. 
 
 Competency of wife to testify as to mis- 
 conduct of husband in action under 
 civil damage act. 39 L.R.A. (N.S.) 316. 
 
 Basis for determining earning capacity in 
 action under. L.R.A.1918F, 654. 
 
 Excessive damages under civil damage act 
 for death through intoxication. L.R.A. 
 1916D, 943. 
 
 INTOXICATION. 
 
 See DRUNKENNESS.
 
 764 
 
 INDEX TO L.R.A. NOTES. 
 
 INVALID CLAIM. 
 
 As subject of valid compromise. 25 L.R.A 
 (N.S.) 275. 
 
 INVENTIONS. 
 
 In general, see PATENTS. 
 
 Specific performance of contract as to 
 
 L.R.A.1918E, 617. 
 Payment for corporate stock with. 16 
 
 L.R.A. (N.S.) 520. 
 Right of public to benefit of inventions made 
 
 by officer or employee. L.R.A.1917B, 
 
 1183. 
 
 INVENTORY. 
 
 On assignment for creditors, see ASSIGN- 
 MENT FOE CREDITORS, 6. 
 
 Requirements of iron-safe clause in policy 
 as to, see INSURANCE, 79. 
 
 INVERSE ORDER OF ALIENATION. 
 
 See MARSHALING ASSETS AND SECURITIES. 
 2. 
 
 INVESTIGATION. 
 
 Effect of attempted investigation on right 
 to rely on representations. 37 L.R.A. 
 600. 
 
 INVESTMENT. 
 
 Of public money, see PUBLIC MONET, la- 
 By trustee, see TRUSTS, 26a. 
 
 Scheme for investment of small sums as 
 constituting insurance. 47 L.R.A 
 (N.S.) 296. 
 
 Liability of executor or trustee for loss of 
 funds through failure of bank. 14 
 L.R.A. 103. 
 
 Liability of executors, trustees, etc., for 
 compound interest for failure to 
 invest. 29 L.R.A. 636. 
 
 Direction to executor in will to continue 
 investment of stocks, bonds, or notes 
 as determining whether bequest is gen- 
 eral or specific. 11 L.R.A. (N.S.) 83. 
 
 Effect of investment by husband in his own 
 name of wife's separate property in 
 real estate to create trust in her favor. 
 6 L.R.A.(N.S.) 381; 26 L.R.A. (N.S.) 
 161. 
 
 Liability of corporate directors for loss by 
 making. 55 L.R.A. 762. 
 
 Liability of bank directors in case of bad 
 loans or investments. 55 L.R.A. 751; 
 30 L.R.A. (N.S.) 173. 
 
 INVESTMENT cont'd 
 
 Creation of partnership by provision for 
 taking profits from investment of cap- 
 ital as compensation. 18 L.R.A. (N.S.) 
 1047. 
 
 Deduction from state tax on national bank 
 for investments. 45 L.R.A. 757. 
 
 INVESTMENT SECURITIES. 
 
 Constitutionality of Blue Sky Laws. L.R.A. 
 1917F, 524. 
 
 INVITATION. 
 
 Invitation to violate injunction as justifi- 
 cation for so doing. 9 L.R.A. (N.S.) 
 
 304. 
 
 INVITEES. 
 
 Liability of landlord for injury to invitees- 
 of tenant, see LANDLORD AND TENANT, 
 IV. d, 4. 
 
 Duty to, generally, see NEGLIGENCE, I. b, 3^ 
 
 *--* 
 
 INVOLUNTARY EVIDENCE. 
 
 See EVIDENCE, IX. 
 
 INVOLUNTARY INTOXICATION. 
 
 As excuse for crime. 36 L.R.A. 484. 
 
 INVOLUNTARY PAYMENTS. 
 
 Recovery back of, see ASSUMPSIT, 4. 
 
 INVOLUNTARY SERVITUDE. 
 
 Restraint on freedom of child as involun- 
 tary servitude. 18 L.R.A. (N.S.) 893. 
 
 Statute creating prima facie rules of evi- 
 dence in criminal case as infringement 
 against constitutional prohibition 
 against involuntary servitude. L.R.A. 
 1915C, 725. 
 
 Begin with this fcoofc on every law question. 
 
 IRONICAL ARTICLE. 
 
 \s libel. 4 L.R.A. (N.S.) 861.
 
 INDEX TO L.R.A. NOTES. 
 
 765 
 
 IRON MILL. 
 
 What is, within meaning of workmen's 
 compensation act. L.R.A.1916A, 201. 
 
 IRON -SAFE CLAUSE. 
 
 See INSURANCE, 79. 
 
 IHON WORKS. 
 
 Servants in, as fellow servants. 50 L.R.A. 
 460. 
 
 IRREGULAR INDORSER. 
 
 'See BILLS AND NOTES, 29. 
 
 IRRELIGIOUS WORKS. 
 
 Common-law rights in. 51 L.R.A. 360. 
 
 IRREPARABLE INJURY. 
 
 As ground for injunction, see INJUNCTION, 
 5- 
 
 IRRESISTIBLE IMPULSE. 
 
 As an excuse for crime, see CBIMINAL LAW, 
 9. 
 
 Suicide under irresistible impulse as within 
 words "sane or insane" or other words 
 relating to mental condition in suicide 
 clause in policy. 17 L.R.A.(N.S.) 264. 
 
 IRRIGATION. 
 
 See WATERS, 92-97. 
 
 IRRIGATION COMPANY. 
 
 State regulations of rates of. 12 L.R.A. 
 (N.S.) 711; L.R.A.1915D, 1205. 
 
 Right of stockholder in mutual irrigation 
 company to maintain action against 
 the company for negligent failure to 
 furnish water. L.R.A.1915D, 292. 
 
 Mandamus to enforce the right of a stock- 
 holder to water. 24 L.R.A.(N.S.) 372. 
 
 IRRITATION. 
 
 Of accused as affecting voluntariness of 
 confession. 18 L.R.A. (N.S.) 790. 
 
 ISLANDS. 
 
 Title to, see WATERS, 23, 44. 
 
 ISOLATED TRANSACTION. 
 
 By foreign corporation as doing business 
 within state. 10 L.R.A. (N.S.) 693. 
 
 ISOLATION. 
 
 Of infected persons. 26 L.R.A. 489. 
 
 ISSUE. 
 
 Rights of, under rule in Shelley's Case, see 
 DEEDS, 30; WILLS, 82. 
 
 Presumption and sufficiency of evidence as 
 to death without issue. 4 B. R. C. 
 632. 
 
 Doctrine as to possibility of issue extinct 
 as affecting property rights. 48 
 L.R.A. (N.S.) 865. 
 
 ITINERANT VENDERS. 
 
 Discrimination against nonresidents by 
 statute or ordinance as to license. 40 
 L.R.A. (N.S.) 286. 
 
 JACKS. 
 
 Right of municipality to prohibit the keep- 
 ing, standing, or exhibiting of. 11 
 L.R.A. (N.S.) 736. 
 
 Express warranty as to, as excluding im- 
 plied warranty. 33 L.R.A. (N.S.) 505. 
 
 Master's liability for injury by defects in 
 lifting jack. 51 L.R.A. (N.S.) 339. 
 
 Consult also L.R.A. Digests of Cases. 
 
 JACKSCREW. 
 
 Master's liability for injury by defect in. 
 13 L.RJMN.S.) 679. 
 
 JAIL BOND. 
 
 Then discharge of principal in bankruptcy 
 will release surety on. 14 L.R.A. (N.S.) 
 511.
 
 766 
 
 INDEX TO L.R.A. NOTES. 
 
 JAILER. 
 
 Service on, for prisoner. 46 L.R.A. 708. 
 Liability for detention of person improper- 
 ly arrested. 42 L.R.A. (N.S.) 74. 
 
 JAILS AND PRISONS. 
 
 1. Generally. 
 
 Reformatories^ see REFORMATORIES. 
 
 Imprisonment in penitentiary as cruel and 
 unusual punishment. 35 L.R.A. 564; 
 L.R.A.1915C, 560. 
 
 Delay of prosecution as ground for dis- 
 charge of accused who is in peniten- 
 tiary. 56 L.R.A. 534. 
 
 Right to lease prison. 27 L.R.A. 608. 
 
 Validity of decree of divorce obtained on 
 publication or service out of state 
 where defendant was confined in prison. 
 19 L.R.A. 816, 821. 
 
 2. Liability for injury to person in. 
 
 Liability of municipality for tort; in con- 
 nection with. 25 L.RJL(N.S-) 98. 
 
 Liability of county or municipality for in- 
 jury to one employed in or about a 
 jail, prison, or other house of detention 
 maintained by it. 23 L.R.A. (N.S.) 
 910. 
 
 3. unlit condition. 
 
 Might of action for imprisonment in un- 
 heaJthful or unfit prison or jail. 36 
 L.R.A. 293; 2 L.R.A. (N.S.) 95. 
 
 4. Liability for tort of keeper or in- 
 mate of. 
 
 Liability of municipality for negligence or 
 other tort of keeper or inmate of mu- 
 nicipal prison. 25 L.R.A. (N.S.) 180; 
 52 L.R.A. (N.S.) 943. 
 
 5. Injury to neighboring property 
 from. 
 
 Liability of municipal corporation for in- 
 jury to neighboring property from 
 maintenance of prison. 34 L.R.A. 
 (N.S.) 461. 
 
 6. Escape from. 
 
 When imprisonment wholly illegal and void. 
 
 15 L.R.A. 190. 
 Imprisonment on suspicion, etc. 15 L.R.A. 
 
 191. 
 
 Informality of commitment. 15 L.R.A. 191. 
 Innocence of accused as an element. 15 
 
 L.R.A. 191. 
 Justification of prison broach. 52 L.R.A. 
 
 (N.S.) 369. 
 
 Liability of county for. 39 L.R.A. 60. 
 Right of peace omcer to enter dwelling to 
 
 recapture escaping prisoner. 16 L.R.A. 
 
 501. 
 One accepting aid to escape from jail as 
 
 accomplice of person giving aid. 24 
 
 L.R.A. (N.S.) 625. 
 
 JAILS AND PRISONS cont'd 
 
 Constitutionality of statute punishing es- 
 cape by reimprisonment for term de- 
 pendent upon length of original term. 
 22 L.R.A. (N.S.) 1123. 
 
 JAMAICA GINGER. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A. (N.S.) 307. 
 
 JANITORS. 
 
 Applicability to school janitors of Work- 
 men's Compensation Acts. L.R.A. 
 ]918F, 192. 
 
 JAPAN. 
 
 Jurisdiction and powers of consul in Japan 
 in civil cases. 45 L.R.A. 486. 
 
 JEALOUSY. 
 
 Responsibility for crime committed in fit 
 of. 10 L.R.A.(N.S.) 1032. 
 
 JEOPARDY. 
 
 Former jeopardy, see CRIMINAL LAW, 
 59-64. 
 
 JERKS. 
 
 Injury to passenger by, see CARRIERS, 
 66, 67. 
 
 JIM CROW CARS. 
 
 See CARRIERS, 43. 
 
 JITNEY BUSSES. 
 
 Person or company operating passenger 
 automobile for hire as a common car- 
 rier. L.R.A.1938F, 468. 
 Regulation of jitnev busses. L.R.A.1915F, 
 840; L.R.A.1916B, 1156; L.R.A. 
 1918B, 912: L.R.A.1918F, 475. 
 As to lights. L.R.A.1918B, 828. 
 Power of municipality over interurban ve- 
 hicles used for hire. L.R.A. 1918B, 891. 
 
 n-itJi tins boofc en every law question. 
 
 JOBBERS. 
 
 Unlawful combination of, see MONOPOLY 
 AND COMBINATIONS, 9.
 
 INDEX TO L.R.A. NOTES. 
 
 76; 
 
 JOBBERS cont'd 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of jobbing business as 
 affected by its territorial scope. L.R.A. 
 1916C, 631. 
 
 JOINDER. 
 
 Of actions, see ACTION OR SUIT, 18. 19. 
 Of indictments, see INDICTMENT, INFORMA- 
 TION, AND COMPLAINT, 31. 
 Of parties, see PARTIES. 25, 36. 
 
 Joining in petition for local improvement 
 as estoppel to deny benefits. 36 L.R.A. 
 (N.S.) 41. 
 
 Lease as encumbrance or conveyance within 
 statute requiring joinder of spouse. 39 
 L.R.A.(N.S.; 675. 
 
 JOINT ACCOUNTS. 
 
 In savings bank*. .31 L.R.A. 454. 
 
 JOINT ACTIONS. 
 
 Fee PAR .-IKS, 25, 36. 
 
 JOINT ADVENTURE. 
 
 Effect of secret advantage to one member 
 of a joint adventure. 50 L.R.A. (N.S.) 
 1046. 
 
 Effect of failure to aid in joint enterprise 
 to exclude from participation in the 
 profits thereof. L.R.A.1918B, 678. 
 
 Imputed negligence of passenger riding in 
 automobile driven by another in case 
 of joint enterprise. L.R.A.1915B, 955. 
 
 JOINT BENEFIT. 
 
 Purchase for, at judicial sale as suppres- 
 sion of competition. 42 L.R.A. (N.S. ) 
 1206. 
 
 JOINT BONDS. 
 
 Effect of delivery of joint bond without be- 
 ing signed by principal obligor. 12 
 L.R.A.(N.S.) 'ill 8. 
 
 JOINT CONTRACTS. 
 
 JOINT CREDITORS AND DKBTORS, 2. 
 
 JOINT CREDITORS AND DEBTORS. 
 
 I. In general, 1-7. 
 11. Release nf one joint debtor, 8- 
 
 11. 
 Commit also //./?..!. Digests of Cases. 
 
 I. In general. 
 
 1. Generally. 
 
 Joint liability of trustees, see TRUSTS. 27. 
 
 Condifion as to execution of contract by 
 others. 45 L.R.A. 321. 
 
 Power of one of several joint purchasers at 
 judicial sale to bind others. 35 L.R.A. 
 (X..S.) 1139. 
 
 Payment acknowledgment, or promise to 
 pay by joint debtor as agent; of co- 
 debtor as suspending or tolling statute 
 of limitations as to himself. 38 L.R.A. 
 (N.S.) 685. 
 
 By whom action to be brought in case of 
 joint obligees. 64 L.R.A. 603. 
 
 Effect of death of one of several joint cred- 
 itors upon the remedy by execution. 
 01 L.R.A. 386. 
 
 Necessity of exhaustion of remedy as to 
 joint debtors as condition precedent to 
 creditor's bill. 23 L.R.A.(N.8.) 75. 
 
 Effect of transfer by one joint debtor or 
 contractor without indorsement of 
 worthless check or note to third person. 
 10 L.R.A.(N.S.) 549. 
 
 Due process in service on joint debtors. 50 
 L.R.A. 595. 
 
 Liability of several persons whose independ- 
 ent wrongs of the same kind contribute 
 to enhance degree or extent of injury 
 sustained by plaintiff. 40 L.R.A. (N.S.) 
 102. 
 
 Validity and effect, as against defendant 
 not personally served within the state, 
 of a judgment in personam against 
 joint debtors. 35 L.R.A. (N.S.) 312. 
 
 Binding effect of judgment against actual 
 tort-feasor upon one who is construc- 
 tively responsible for his torts. L.R.A. 
 1918E, 232. 
 
 Rights of individual tort-feasors against 
 whom a joint verdict has been obtained, 
 as to new trial and appeal. 27 L.R.A. 
 (N.S.) 209; L.R.A.1918C, 970. 
 
 Curing separate verdicts rendered in action 
 for joint tort. 10 L.R.A. (N.S.) 191. 
 
 Set-off in bankruptcy cases. 55 L.R.A. 41. 
 
 Removal, because of separable controversy, 
 of actions based upon joint or joint 
 and several liability. 5 L.R.A. (N.S.) 
 62, 91. 
 
 Form of judgment under statute permitting 
 action to proceed upon service of less 
 than all the joint debtors sued. 43 
 L.R.A. (N.S.) 540. 
 
 Liability of sureties on bond in judicial 
 proceedings where judgment is in favor 
 of one principal and against another. 
 51 L.R.A.<NJ3.) 655. 
 
 Right of client to recover from third per- 
 son for services rendered by attorney 
 which benefit both. L.R.A.1915B, 830. 
 
 Effect of waiver or tolling of statute of 
 limitations or nonclaim by personal 
 representative of one joint debtor upon 
 liability of other joint debtors. F..R.A 
 1915B/1049. 
 
 2. Joint liability oil coutraet. 
 
 Indorsement by one of two joint payees or 
 indorsees of a bill or note. 18 L.R.A. 
 (N.S.) 630.
 
 768 
 
 INDEX TO L.R.A. NOTES. 
 
 JOINT CREDITORS AND DEBTORS, I. JOINT CREDITORS AND DEBTORS, I. 
 
 cont'd 
 
 Whether liability on Lloyd's policy several 
 
 or joint. 55 L.R.A. 199. 
 Fixing the extent of liability of the several 
 
 obligors to an agreement as making it 
 
 joint and several or several. L.R.A. 
 
 1915B, 221. 
 
 3. Joint liability for torts or negli- 
 gence. 
 
 Joint liability of municipality and others 
 for injury due to defect in street, see 
 HIGHWAYS, 94. 
 
 Joint liability of master and servant, see 
 MASTER AND SERVANT, 199. 
 
 Joint liabilitv for pollution of stream. 22 
 L.R.A.(N.S.) 282. 
 
 Joint tort by pollution of stream for min- 
 ing purposes. 24 L.R.A. 66. 
 
 Under what circumstances will the wrong- 
 ful levy of several attachments render 
 the attaching creditors jointly liable. 
 6 L.R.A.(N.S.) 598. 
 
 Joint liability of master and person install- 
 ing machinery to employee injured dur- 
 ing installation. 30 L.R.A. (N.S.) 734. 
 
 Character of the liability of several persons 
 whose independent wrongs of the same 
 kind contribute to enhance the degree 
 or extent of the injury sustained by 
 plaintiff.' 10 L.R.A. (N.S.) 167. 
 
 Provisions in lease, license, or other con- 
 tract as to railroad for joint liability 
 for injuries caused by negligence. 44 
 L.R.A. 754. 
 
 Removal, because of separable controversy, 
 of actions in tort based on joint lia- 
 bility. 5 L.R.A. (N.S.) 92. 
 
 Joint liability of successive owners of prop- 
 erty for nuisance maintained there- 
 on. 46 L.R.A. (N.S.) 1187. 
 
 Liability of joint employers for torts of the 
 employees. 51 L.R.A. (N.S.) 866. 
 
 Joint liability under workmen's compensa- 
 tion acts of employer and third person 
 whose negligence causes the injury. 
 L.R.A.1916A, 101. 
 
 Liability of co-owners of automobile. 
 L.R.A. 1916E, 1301. 
 
 Liability of joint owners of automobile or 
 carriage for torts of common servant. 
 51 L.R.A. (N.S.) 1116. 
 
 Joint liability for injury resulting from 
 failure to prevent contact of wires car- 
 rying electric current. 52 L.R.A. (N.S.) 
 603. 
 
 4. Several liability for tort. 
 
 Liability in damages of one of several pol- 
 
 cont'd 
 7. Recovery 
 i'easor. 
 
 over against one tort 
 
 luters 
 1185. 
 
 of a stream. 24 L.R.A. (N.S.) 
 
 5. Joint and several liability for 
 tort. 
 
 Of partnership. 51 L.R.A. 495. 
 
 Removal, because of separable controversy, 
 of actions in tort based on joint and 
 several liability. 5 L.R.A.(N.S.) 92. 
 
 6. Contribution between joint tort 
 feasors. 
 
 See CONTRIBUTION, 2. 
 
 Begin ivith this book on every law question. 
 
 Recovery over by municipality for injury 
 due to defect in street, see HIGHWAYS, 
 95. 
 
 Liability over, generally, to person second- 
 arily liable, see INDEMNITY, 2, 3. 
 
 Right of one constructively liable for tort 
 to indemnity from one actually respon- 
 sible for its commission. 4'J L.R.A. 
 (X.S.) 1147. 
 
 Right of employer who has been held liable 
 for tort of, or upon, servant or con- 
 tractor, to recover over from actual 
 wrongdoer. 40 L.R.A. (N.S.) 1158. 
 
 Assignment of a claim ex delicto to one 
 against whom it was asserted as en- 
 abling him to maintain action thereon 
 against third person. 7 L.R.A. (N.S.) 
 534. 
 
 Right of action of one legally responsible 
 for another's death against a third 
 person whose negligence caused the 
 death. 36 L.R.A. (N.S.) 60. 
 
 Judgment against one as prima facie evi- 
 dence of amount of damages against 
 another, liable over, who had no notice 
 of original suit. 16 L.R.A. (N.S.) 911. 
 
 II. Release of one joint debtor. 
 
 8. Generally. 
 
 Effect of payment of one joint debtor to 
 extinguish judgment. 68 L.R.A. 514. 
 
 Effect of release of one joint tort feasor on 
 liability of the other. 58 L.R.A. 
 293; L.R.A.1918F, 363. 
 
 Release of employer by acceptance of bene- 
 fit of relief fund as affecting other tort- 
 feasor. 48 L.R.A. (N.S.) 450; L.R.A. 
 1918A, 996. 
 
 Effect of release of one person from lia- 
 bility for tort to release another, where 
 former was not in fact or law liable. 
 14 L.R.A.(N.S.) 322; L.R.A.1918D, 183. 
 
 Effect of covenant not to sue one joint tort 
 feasor as a release of other. 24 L.R.A. 
 (N.S.) 451. 
 
 Previous release of joint tort feasor by serv- 
 ant executing release on accepting 
 benefits of relief fund. 11 L.R.A. 
 (N.S.) 201. 
 
 Taking note of one joint debtor as pavment. 
 35 L.R.A. (N.S.) 61. 
 
 Effect of payment of joint judgment on 
 commercial paper by surety. 68 
 L.R.A. 562. 
 
 Effect of voluntary discharge of one of two 
 or more sureties or guarantors on lia- 
 bility of cosureties or guarantors. 
 L.R.A.1918E, 95. 
 
 Effect of discharge of one surety by failure 
 to comply with his demand to proceed 
 in the enforcement of the obligation to 
 release cosureties. L.R.A.1918C, 24, 50. 
 
 9. Reservation of rights against 
 others. 
 
 Effect, in release of one joint tort feasor, of 
 reservation of right as ay-vust othors. 
 19 L.R.A.(N.S.) 618; L.R.A.1915E, 800.
 
 INDEX TO L.R.A. NOTES. 
 
 769 
 
 JOINT CREDITORS AXD DEBTORS, II. 
 cont'd 
 
 Effect of reservation of right against other 
 sureties in case of covenant not to sue 
 one of two or more sureties or guaran- 
 tors. L.R.A.1918E, 99. 
 
 Right to show by extrinsic evidence that 
 payment of judgment against, or con- 
 sideration for release of, alleged joint 
 tort feasor was not a satisfaction of 
 claim. 14 L.R.A. (N.S.) 329; 33 L.R.A. 
 (N.S.) 983. 
 
 Effect on pre-existing judgments of statutes 
 permitting release of one joint judg- 
 ment debtor without affecting the 
 others. 9 L.R.A. (N.S.) 1066. 
 
 10. Effect of judgment against, one 
 debtor or tort feasor. 
 
 Effect of judgment against one joint tort 
 feasor upon liability of the other. 
 58 L.R.A. 410; L.R.A.1918D, 308. 
 Effect of judgment in an action against 
 part of the obligors on a joint or 
 joint and several contract to re- 
 lease or limit the liability of oth- 
 er obligors. 43 L.R.A. 161. 
 Conclusiveness of judgment against a con- 
 structive tort feasor in a subsequent 
 action for contribution or indemnity. 
 40 L.R.A. (N.S.) 1172. 
 
 $ 11. Effect of judgment or verdict in 
 favor of one debtor or tort feasor. 
 
 Effect of judgment in favor of one defend- 
 ant charged with negligence, on liabil- 
 ity of codefendant. 2 L.R.A. (N.Sj} 
 764. 
 
 Effp-ct of verdict for servant in an action 
 against master and servant for serv- 
 ant's negligence or misfeasance. 9 
 L.R.A. (N.S.) 880; 30 L.R.A. (N.S.) 
 404: L.R.A.1917E, 1029. 
 
 Availability of judgment in favor of imme- 
 diate actor in alleged wrong as estop- 
 pel in favor of one whose wrong, if 
 any, was derivative. 16 L.R.A. (N.S.) 
 677. 
 
 JOINT DEBTORS. 
 
 See JOINT CREDITORS AND DEBTORS. 
 
 JOINT DEFENDANTS. 
 
 See CODEFENDANTS. 
 
 JOINT DEPOSIT. 
 
 JEffect of deposit of funds belonging to the 
 depositor in a bank account in the name 
 of himself and another. L.R.A.1917C, 
 550. 
 
 As gift to codepositor. 12 L.R.A. (N.S.) 
 355. 
 
 Payment of money deposited on joint ac- 
 count. L.R.AJ915D, 920. 
 
 JOINT EMPLOYERS. 
 
 Liability of joint employers for torts of the 
 employees. 51 L.R.A. (N.S.) 866. 
 
 Liability of joint owners of automobile or 
 carriage for joint torts of common serv- 
 ant. 51 L.R.A. (N.S.) 1116. ' 
 
 JOINT ENTERPRISE. 
 
 See JOINT ADVENTUBE. 
 
 JOINT ESTATES. 
 
 Operation and effect of rule in Shelley's 
 Case in case of joint estates. 29 L.B.A. 
 (N.S.) 995. 
 
 Devise or bequest to one and his children 
 as giving the children an estate joint- 
 ly or in common with the parent. 
 L.R.A. 191 7B, 49. 
 
 Conveyance to one and his children as giv- 
 ing the children an estate jointly or 
 in common with the parent or a remain- 
 der upon a life estate in the parent. 
 L.R.A.1917B, 76. 
 
 JOINT EXECUTORS AND ADMINIS- 
 TRATORS. 
 
 Power of one of two or more personal repre- 
 sentatives to waive or toll statute of 
 limitations or nonclaim as to an in- 
 debtedness of the estate. L.R.A.1915B, 
 1039. 
 
 JOINT FINDERS. 
 
 Of lost property. 37 L.R.A. 120. 
 Rights inter se. 19 L.R.A. (N.S.) 1201. 
 
 JOINT LIABILITY. 
 
 See JOINT CREDITORS AND DEBTORS. 
 
 4 
 
 JOINT LIENS. 
 
 May two or more vessels be subjected to a 
 joint maritime lien. L.R.A.1917E, 529. 
 
 JOINT MAKERS. 
 
 Presentment of note to. 36 L.R.A. 703. 
 
 Consult also L.R.A. Digests of Cases. 49 
 
 JOINT OFFENSE. 
 
 Against fishery laws. 39 L.R.A. 590.
 
 770 
 
 INDEX TO L.R.A. NOTES. 
 
 JOINT OWNERS. 
 
 See CO-OWNERS. 
 
 JOINT PURCHASERS. 
 
 Power of one of several joint purchasers at 
 judicial sale to bind others. 35 L.R.A. 
 (N.S.) 1139. 
 
 Effect of secret advantage to one of several 
 joint purchasers. 43 L.R.A. (N.S.) 934. 
 
 , JOINT RESOLUTION. 
 
 Effect of. 2 L.R.A. 612.* 
 
 JOINT-STOCK COMPANY. 
 
 Legality of, at common law. 6 L.R.A. 
 (N.S.) 665. 
 
 *--- 
 
 JOINT TENANTS. 
 
 See COTENANCY. 
 
 *-- 
 
 JOINT TORT FEASORS. 
 
 See JOINT CREDITORS AND DEBTORS. 
 
 JOINT TRESPASSERS. 
 
 See JOINT CREDITORS AND DEBTORS. 
 
 JOINT UNDERTAKINGS. 
 
 Applicability to suretyship of death as ter- 
 mination of joint undertakings. 2 
 B. R. C. 950. 
 
 Between initial and connecting carrier. 31 
 L.R.A.(N.S.) 44. 
 
 See DOWEB. 
 
 JOINTURE. 
 
 JOINT USE. 
 
 Liability for injury to servants arising 
 from joint use of premises by several 
 employers. 46 L.R.A. 94. 
 
 By different factions of religious society. 
 3 L.R.A. (N.S.) 878. 
 
 JOINT WILLS. 
 
 JOLTS. 
 
 Injury to passenger by, see CARRIERS, 66, 
 67. 
 
 JOURNALS. 
 
 Legislative journals, see STATUTES, 11, 
 12. 
 
 JOY RIDE. 
 
 Liability of owner for injuries caused by 
 automobile while being used by serv- 
 ant or third person for his own busi- 
 " ness or pleasure. 1 L.R.A. (N.S.) 214; 
 9 L.R.A. (N.S.) 1035; 14 L.R.A. (N.S.) 
 216; 21 L.R.A. (N.S.) 93: 26 L.R.A. 
 (N.S.) 382; 33 L.R.A. (N.S.) 79; 37 
 L.R.A. (N.S.) 834; 47 L.R.A. (N.S.) 
 662; L.R.A.1916A, 957. 
 
 JUDGE PRO TEM. 
 
 Authority of, as to bills of exceptions and 
 cases made. 42 L.R.A.(N.S.) 616. 
 
 See WILLS, 6, 35, 49. 
 
 Begin witli this boo7c on every law question. 
 
 JUDGES. 
 
 1. Generally. , 
 
 Conduct of judge as ground for reversal, see 
 APPEAL AND ERROR, 38. 
 
 Contempt of, see CONTEMPT, 6, 7. 
 
 Recall of, see INITIATIVE, REFERENDUM, AND 
 RECALL, 2. 
 
 Sickness of, see SICKNESS, 3. 
 
 Absence of, during trial, see TRIAL, 3. 
 
 Communication between judge and jury, see 
 TRIAL, 5. 
 
 Competency of, as witness, see WITNESSES, 
 16. 
 
 Cross-examination of witness by, see WIT- 
 NESSES, 32. 
 
 Libel or slander by imputing misconduct to. 
 L.R.A.1915D, 579. 
 
 Imputation by attorney, in course of legal 
 proceedings of prejudice to court or 
 judge as ground for disbarment or sus- 
 pension. L.R.A.1918D, 450. 
 
 Reliance upon judge for information as to 
 time of trial or hearing as ground of 
 relief from judgment. L.R.A.1917C 
 1197. 
 
 Power of legislature to add to or vary the 
 constitutional method of selecting 
 judges. L.R.A.1016E, 834. 
 
 Constitutionality of statute providing for 
 election of judicial officers by separate 
 ballot. 44 L.R.A. (N.S.) 712. 
 
 Unconstitutional ity of statute as defense to 
 mandamus to compel its enforcement 
 by judicial officers. 47 L.R.A. 516.
 
 INDEX TO L.R.A. NOTES. 
 
 771 
 
 JUDGES cont'd 
 
 Court attendant as public officer. 
 245. 
 
 Presence of, at view bv jury. 42 L.R.A. 
 881. 
 
 Injunction against judgment for matters as 
 to judges. 31 L.R.A. 204. 
 
 Admissibility in evidence of communications 
 to. 67 L.R.A. 923. 
 
 Certification of copies of records by, for use 
 in evidence in other state. 5 L.R.A. 
 (N.S.) 959. 
 
 Comparison of handwriting by. 62 L.R.A. 
 867. 
 
 Personal liability of executor or adminis- 
 trator for interest where settlement of 
 estate is delayed by illness of judge. 
 31 L.R.A. (N.S.) 359. 
 
 Judge's interest as affecting validity of 
 acts done by executor or adminis- 
 trator under letters subsequently re- 
 voked or held invalid. 21 L.R.A. 150. 
 
 Purchase by judge at judicial sale. L.R.A. 
 1918C, 157. 
 
 Presence of judge in grand jury room as af- 
 fecting indictment. L.R.A.] 91 6D, 1126. 
 
 Statute requiring particular locality to bear 
 part of judge's salary as violating con- 
 stitutional requirements of uniformity 
 of taxation. L.R.A.1917D, 797. 
 
 8 2. Eligibility to office of. 
 
 Eligibility of suspended or disbarred at- 
 torney to judicial office. L.R.A. 1917B, 
 803. 
 
 Right of woman to hold judicial office. 38 
 L.R.A. 209. 
 
 Right of person to hold two judicial posi- 
 tions at the same time. 8 L.R.A. (N.S.) 
 1107. 
 
 3. Disqualification. 
 
 In case involving validity of initiative or 
 referendum election. L.R.A.1917B, 32. 
 
 Effect on judgment of disqualification of a 
 part of the participating judges. 
 L.R.A.1918D, 244. 
 
 Effect of fact that judge otherwise disquali- 
 fied is only one who has power to de- 
 cide case. L.R.A.1915E, 858. 
 
 Belief in guilt or innocence of accused as 
 disqualification of judge in criminal 
 case. 45 L.R.A. (N.S.) oil. 
 
 Participation by judge in movement to en- 
 force criminal law on particular sub- 
 ject as disqualifying him to preside at 
 trial. 45 L.R.A. (N.S.) 519. 
 
 Particrpation in a judicial capacity in other 
 proceedings against accused as disquali- 
 fying judge to preside at trial. 45 
 L.R.AJN.S.) 5:!5. 
 
 Political affiliations as ground for disquali- 
 fication of judge. 19 L.R.A. (N.S.) 602. 
 
 Membership in bar association as disquali- 
 fication of judge to preside at disbar- 
 ment proceedings instituted by asso- 
 ciation. 39 L.R.A. (N.S.) 116. 
 
 By relationship to attorney in case. 42 
 L.R.A. (N.S.) 1172; L.R.A.1918F, 1036. 
 
 Right of judge who may bo affected by 
 the result to hear election cases. 42 
 T T?.A.(N.S.) 788. 
 
 Consult also L.R.A. Digests of Cases. 
 
 I .} UDGES cont'd 
 
 17 L.R.A. I Qualification of judge to sit on trial of 
 one for contempt consisting of reflec- 
 tion upon himself. 11 L.R.A. (N.S.) 
 619. 
 
 4. by prior connection with case. 
 
 Statutory disqualification of judge, from 
 having been counsel in the cause. 
 25 L.R.A. 114. 
 
 Disqualifications without regard to stat- 
 ute, from having been of counsel in 
 the cause. 25 L.R.A. 117. 
 Disqualification from having tried the case 
 before. 25 L.R.A. 118. 
 
 5. Number of. 
 
 Statute reducing number of presiding judges 
 at criminal trial as ex post facto law 
 37 L.R.A. (N.S.) 567. 
 
 6. Powers and duties of. 
 
 Delegation of power to, see CONSTITUTION- 
 AL LAW, 16. 
 
 Power to act as determined by place of 
 performance. 33 L.R.A. 87; L.R.A. 
 1917E, 361. 
 
 Power of court to call and examine wit- 
 nesses. 57 L.R.A. 875; L.R.A.1916A, 
 1191. 
 
 Constitutional power to appoint officers. 16 
 L.R.A. 737. 
 
 Power of legislature to impose upon judges 
 the duty to assist in drawing jurors. 
 23 L.R.A. (N.S.) 1115. 
 
 May judges of municipal or police courts be 
 vested or burdened with powers or du- 
 ties of a nonjudicial character. 19 
 L.R.A. (N.S.) 615. 
 
 7. after expiration of term. 
 
 Mandamus to compel judge to sign bills 
 of exceptions, etc., after expiration of 
 term. 36 L.R.A. (N.S.) 1087. 
 
 8. Liability of. 
 
 Liability fbr false imprisonment, see FALSS 
 IMPRISONMENT, 7. 
 
 Libel or slander by. L.R.A.1915E, 1051; 
 7 B. R. C. 241. 
 
 Liability of judicial officer to civil action 
 for acts of judicial nature. 14 L.R.A. 
 138; 27 L.R.A. 92; 44 L.R.A. (N.S.) 
 164. 
 
 Exemption of consul from liability for ju- 
 dicial acts. 45 L.R.A. 588. 
 
 Effect of bad motive on liability of judge 
 acting without or in excess of juris- 
 diction. 62 L.R.A. 721. 
 
 JUDGMENT. 
 
 I. In general, 1. 
 
 II. Rendition; cnlnj; form; sub- 
 stance, 2- If). 
 
 a. In general, 2, 3. 
 
 b. Bi/ default or confession r 
 
 4-6.
 
 77-' 
 
 INDEX TO L.Px.A. NOTES. 
 
 JUDGMENT, II. cont'd 
 
 c. Form and substance, 7- 
 
 13. 
 
 d. Entry; record; docketing; 
 
 amendment, 14-18. 
 
 e. Motion in arrest, 19. 
 III. Effect and conclusiveness, 2O- 
 
 57. 
 
 a. 7i general, 2O-27. 
 
 b. Judgments by default, con- 
 
 sent, confession, on demur- 
 rer or of dismissal, 28- 
 31a. 
 
 c. Effect of death or insanity, 
 
 32, 33. 
 
 d. What matters concluded, 
 
 34-40. 
 
 e. As to parties, 41-5O. 
 
 /. Collateral attack, 51-57. 
 
 1. In general, 51-53. 
 
 2. Grounds, 54-57. 
 IV. The lien, 58-65. 
 
 a. In general, 58-6O. 
 
 b. Priority of, 61-64. 
 
 c. On ichat property, 65. 
 F. Foreign judgments, 66-73. 
 
 a. In general, 66. 
 
 b. Effect and conclusiveness, 
 
 67-70. 
 
 c. Collateral attack on, 71, 
 
 72. 
 
 d. Enforcement, 73. 
 
 VI. Payment: discharge; assignment, 
 74-78. 
 
 a. Payment; discliarge; satis- 
 
 faction, 74-77. 
 
 b. Assignment, 78. 
 
 VII. Revival; enforcement, 79-86. 
 
 a. Revival; scire facias, 79, 
 
 80. 
 
 b. Enforcement, 81-86. 
 VIII. Relief from; setting aside, 
 
 87-97. 
 
 a. In general, 87-92. 
 
 b. Grounds, 93-97. 
 
 I. In general. 
 
 % 1. Generally. 
 
 Reversible error as to, see APPEAL AND 
 ERROR, 40. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 184. 
 
 Disobedience of, as a contempt, see CON- 
 TEMPT. 8, 9. 
 
 Recovery of, as a condition precedent to 
 equitable relief of creditors, see CREDI- 
 TORS' BILL. 2. 
 
 Dismissal or discontinuance, see DISMISSAL 
 AND DISCONTINUANCE, 6. 
 
 Judicial notice of, see EVIDENCE, 8. 
 
 Presumption from, see EVIDENCE. 88. 
 
 Interest on, see INTEREST, 8. 
 
 Relief granted in mandamus proceedings, see 
 MANDAMUS, 21. 
 
 Merger into, see MERGER, 2. 
 
 On the pleadings, see PLEADINGS, 6. 
 
 Relief under pleadings, see PLEADINGS, 7. 
 
 Mode of pleading judgment, see PLEADING, 
 35. 
 
 Subrogation to rights under, see SUBROGA- 
 TION, 9. 
 
 Taxation of. see TAXES, 19. 
 
 JUDGMENT, I. cont'd 
 
 Xon-uit. see TRIAL. 56-59. 
 
 Effect of usury on. see USURY, 10. 
 
 On appeal, see APPEAL AND ERROR. <j 41-44. 
 
 In attachment suit, see ATTACHMENT, 16. 
 
 In action on note, see BILLS AND NOTES, 
 71. 
 
 In criminal prosecution, see CRIMINAL LAW, 
 VI. 
 
 In divorce suit, see DIVORCE AND SEPARA- 
 TION, 13-19. 
 
 In ejectment, see EJECTMENT, 9, 10. 
 
 In garnishment proceeding, see GARNISH- 
 MENT, 14, 20. 
 
 On habeas corpus, see HABEAS CORPUS, 7. 
 
 In injunction suit, see INJUNCTION, 89, 
 90. 
 
 On foreclosure, see MORTGAGE. 74. 
 
 In proceedings in rem, see PROCEEDINGS IN 
 REM, 3. 
 
 In replevin suit, see REPLEVIN, 15. 
 
 In suit for specific performance, see SPECIF- 
 IC PERFORMANCE, 27-29. 
 
 Against incompetent person, see INCOMPE- 
 TENT PERSONS, 20. 
 
 In favor of, or against infants, see INFANTS, 
 35, 36. 
 
 Against partnership, see PARTNERSHIP, 56. 
 
 Of justice's court, see JUSTICE OF THE 
 PEACE, 7. 
 
 Sufficiency of service to sustain judgment, 
 see WBIT AND PROCESS. 
 
 Effect of condonation of matrimonial of- 
 fense on judgment entered in pending 
 suit. 6 B. R. C. 639. 
 
 Situs as between different states or coun- 
 tries of judgments for purposes of prop- 
 erty taxation. L.R.A.1915C, 944. 
 
 Liability of judicial officer for proceedings 
 after. 14 L.R.A. 146; L.R.A.1915C. 944. 
 
 Right of national bank to interest on judg- 
 ment. 56 L.R.A. 682. 
 
 Denial of, on information and belief. 3 
 L.R.A.(X.S.) 780. 
 
 As condition precedent to equitable rem<- 
 dies of creditors. 23 L.R.A. (X.S.) 10. 
 
 Sufficiency of judgment as a condition prec- 
 edent to equitable remedies of creditors. 
 23 L.R.A.(N.S.) 20. 
 
 Moral obligation as a consideration for 
 promise to refund excess, when judg- 
 ment excessive. 53 L.R.A. 365. 
 
 Burden of proof as to consideration for 
 judgment taken by wife against hus- 
 band. 56 L.R.A. 841. 
 
 Allowing vendor reasonable time to perfect 
 title by decree for specific performance. 
 30 L.R.A.(X.S.) 25. 
 
 Municipal declaration of forfeiture of street 
 franchise or privilege for breach of con- 
 ditions, as a judicial determination. 4 
 L.R.A.(X.S.) 321. 
 
 Taking of property in legal proceedings 
 from bailee as defense to him as against 
 the bailor. 33 L.R.A. (X.S.) 689. 
 
 Recovery of judgment for exempt claim 
 pending garnishment proceedings in an- 
 other state. 35 L.R.A. (X.S.) 1154. 
 
 Right of action of third person for fraud 
 inducing him to submit to -a judgment 
 less favorable to him than he was en- 
 titled to. 46 L.R.A. (X.S.) 110. 
 
 Begin iritli this book on every lair question.
 
 INDEX TO L.R.A. NOTES. 
 
 773 
 
 JUDGMENT cont'd 
 
 //. Rendition; entry; fonn; substance, 
 a. In general. 
 
 2. Generally. 
 
 Relief obtainable in equity on failure to es- 
 tablish equitable jurisdiction, see EQUI- 
 TY, 24. 
 
 Extent of relief in attachment against non- 
 resident served constructively. 50 
 L.R.A. 583. 
 
 Liability of attorney to client for mistake 
 in drafting decree. 52 L.R.A. 891. 
 
 First and last days in computing time for 
 rendition. 49 L.R.A. 224. 
 
 Judgment as lien from time of rendition. 
 38 L.R.A. 247. 
 
 Power of attorney to bind client by con- 
 sent decree. '46 L.R.A. (N.S.) 750. 
 
 3. Jurisdiction. 
 
 Necessity of personal service to authorize 
 personal judgment, see infra, 10. 
 
 Effect of judgment on unauthorized appear- 
 ance by attorney, see infra, 24. 
 
 Jurisdiction to grant decree of divorce, see 
 DIVORCE AND SEPARATION, 7-12. 
 
 Jurisdiction to grant decree of divorce. upon 
 constructive service, generally, see 
 DIVORCE, 10. 
 
 Sufficiency of service to sustain judgment, 
 see WRIT AXD PROCESS, II. 
 
 Jurisdiction of court to enter final judgment 
 upon dismissal or nonsuit. 26 L.R.A. 
 (N.S.) 914. 
 
 Notice of application by guardian for leave 
 to sell infant's real estate as jurisdic- 
 tional. 8 L.R.A. (N.S.) 1215. 
 
 Extraterritorial effect of decree of divorce 
 rendered upon constructive service. 18 
 L.R.A.(N.S.) 647; L.R.A.1917B, 1032. 
 
 It, By default or confession. 
 
 4. By default. 
 
 Effect of, see infra, 28. 
 
 Relief from, see infra, 90, 91, 97. 
 
 Power of defendant's attorney to withdraw 
 answer and permit default judgment. 
 33 L.R.A. 515. 
 
 Necessity of jury to compute damages on 
 default judgment. 15 L.R.A. 614; 20 
 L.R.A. (N.S.) 1. 
 
 Effect of entry of second judgment without 
 vacation or reversal of former judg- 
 ment by default. 44 L.R.A. (N.S.) 344. 
 
 5. By confession. 
 
 Effect of, see infra, 30, 68. 
 Relief against, see infra, 89. 
 
 Confession of judgment by personal repre- 
 sentative as waiver of statute of limi- 
 tations as to an indebtedness of the 
 estate. L.R.A.1915B, 1049. 
 
 Revival of partnership debt by one partner 
 confessing judgment. 15 L.R.A. 660. 
 
 Consult also L.R.A. Digests of Cases. 
 
 JUDGMENT, II. b cont'd 
 
 Validity at common law of warrant of attor- 
 ney to confess judgment. 40 L.R.A. 
 (N.S.) 956. 
 
 Presumption as to time of alteration in 
 warrant of attorney to confess judg- 
 ment. 39 L.R.A. (N.S.) 106. 
 
 Effect on surety of judgment by confession 
 against principal. 40 L.R.A. (N.S. ) 
 747. 
 
 Injunction against judgments entered on 
 confession. 30 L.R.A. 235. 
 
 6. confession on warrant of at- 
 torney. 
 
 In Avhat cases authorized. 13 L.R.A. 796. 
 
 Form and validity of warrants. 13 L.R.A. 
 796. 
 
 Strict construction. 13 L.R.A. 797. 
 
 Blanks and omissions. 13 L.R.A. 797. 
 
 Who authorized to make confession and 
 where. 13 L.R.A. 797. 
 
 Effect of insanity or death of party. 13. 
 L.R.A. 797; 49 L.R.A. 156. 
 
 Entry by executors or administrators. 13 
 L.R.A. 798. 
 
 Against whom entered. 13 L.R.A. 798. 
 
 In whose favor. 13 L.R.A. 798. 
 
 When entry may be made. 13 L.R.A. 798. 
 
 Contingencies, unadjusted equities, or 
 claims. 13 L.R.A. 799. 
 
 For what amount ; variance ; misdescription. 
 13 L.R.A. 799. 
 
 Proof necessary. 13 L.R.A. 800. 
 
 Consolidation/ 13 L.R.A. 800. 
 
 Setting aside; correcting. .13 L.R.A. 800. 
 
 Law governing warrant of attorney to con- 
 fess judgment. 38 L.R.A. (N.S.) 814. 
 
 Validity at common law of warrant of at- 
 torney to confess judgment. 40 L.R.A. 
 (N.S.) 956. 
 
 Collateral attack on judgment entered by 
 authority of warrant of attorney, for 
 fraud not affecting the jurisdiction. 36 
 L.R.A.(N.S.) 988. 
 
 Effect in other states, of judgment confessed 
 on warrant of attorney. 3 L.R.A. 
 (N.S.) 449. 
 
 c. Form and substance. 
 
 7. Generally. 
 
 Omission of dollar sign or word "dollars" 
 from verdict or judgment. 35 L.R.A. 
 (N.S.) 653. 
 
 Against partnership in firm name. 23 
 L.R.A.(N.S.) 282. 
 
 Relief granted in action for specific perform- 
 ance of contract for sale of corporate 
 stock. 50 L.R.A. 512; 31 L.R.A. (N.S.) 
 502. 
 
 Form of relief granted in suit in equity af- 
 fecting real property in another state 
 or country. 69 L.R.A. 694. 
 
 Form and substance of judgment in action 
 to enforce liability of heirs for obliga- 
 tions of ancestor. 21 L.R.A. 94. 
 
 Form and substance of judgment in garnish- 
 ment against executor or administrator. 
 47 L.R.A. 364.
 
 774 
 
 INDEX TO L.R.A. NOTES. 
 
 JUDGMENT, II. c cont'd 
 
 Effect of qualifying words, "as executor." 
 "as administrator," in judgment. 15 
 L.R.A. 852. 
 
 Form of judgment on penal bonds. 62 
 L.R.A. 427. 
 
 Decree on foreclosure for part of mortgage 
 debt. 37 L.R.A. 743. 
 
 Power of equity, upon enjoining unfair com- 
 petition or infringement of trademark, 
 tradename, patent, or copyright, to re- 
 quire defendant to pay damages sus- 
 tained by complainant as distinguished 
 from profits realized by defendant. 21 
 L.R.A.(N.S.) 526. 
 
 Form of judgment under statute permitting 
 action to proceed upon service of 
 less than all the partners or joint 
 debtors sued. 43 L.R.A.(N.S.) 540. 
 
 8. Form of, in case of liability to 
 pay in coin. 
 
 On contract to pay coin. 29 L.R.A. 593. 
 On contracts for coin or equivalent. 29 
 
 L.R.A. 594. 
 For coin converted or misapplied. 29 L.R.A. 
 
 595. 
 
 For damages in other cases. 29 L.R.A. 595. 
 For obligations created by law. 29 L.R.A. 
 
 596. 
 
 For costs. 29 L.R.A. 596. 
 Pleadings and procedure. 29 L.R.A. 597. 
 
 9. Personal judgment. 
 
 Effect of judgment in personam, see infra, 
 
 23. 
 In action to enforce mechanics' lien, see 
 
 MECHANICS' LIENS, 31. 
 Deficiency decree in foreclosure suit, see 
 
 MORTGAGE, 84. 
 
 Deficiency decree in action to foreclose vend- 
 or's lien. 13 L.R.A. (N.S.) 874. 
 
 Personal liability of property owner to pay 
 assessments for local improvement. 35 
 L.R.A. 58; 18 L.R.A. (N.S.) 1259; 29 
 L.R.A.(N.S.) 770. 
 
 Injunction against execution sales on per- 
 sonal judgment against executors or 
 administrators. 30 L.R.A. 123. 
 
 Action to recover personal judgment for 
 unlawful seizure of property by chattel 
 mortgagee assuming to act under mort- 
 gage. L.R.A.1915E, 196. 
 
 10. necessity of personal service 
 to authorize. 
 
 See WRIT AND PROCESS, 19.. 
 
 11. Amount. 
 
 For what amount judgment may be con- 
 fessed on warrant of attorney. 13 
 L.R.A. 799. 
 
 Fxtent of recovery in ejectment by tenants 
 in common against stranger. 6 L.R.A. 
 (N.S.) 710; 51 L.R.A.(N.S.) 50. 
 
 Relief in action for improper use of union 
 label as affected bv extent of use. 39 
 L.R.A.(N.S.) 1201." 
 
 12. Conformity to pleadings. 
 
 Effect of default judgment beyond scope of 
 relief asked. 11 L.R.A.(N.S.) 803. 
 
 JUDGMENT. II. c cont'd 
 
 13. Non obstante veredicto. 
 
 Right to judgment non obstante veredicto 
 because of failure of proof. 12 L.R.A. 
 (N.S.) 1021; L.R.A.1916E, 828. 
 
 Effect of motion for judgment non obstante 
 veredicto after entry of judgment on 
 entry of second judgment without va- 
 cation or reversal of the first. 34 
 L.R.A.(N.S.) 348. 
 
 d. Entry; record; docketing; amend- 
 ment. 
 
 14. Generally. 
 
 Judgment as a lien from time of entry. 38 
 L.R.A. 248. 
 
 Entry of judgment by confession by person- 
 al representative. 13 L.R.A. 798. 
 
 In whose favor judgment confessed on war- 
 rant of attorney to be entered. 13 
 L.R.A. 798. 
 
 Against whom judgment confessed on war- 
 rant of attorney to be entered. 13 
 L.R.A. 798. 
 
 Right to enter decree of divorce against ob- 
 jection of the spouse aggrieved. 22 
 L.R.A. (N.S.) 999. 
 
 Power to amend decree of divorce by adding 
 provision for alimonv or support of 
 children. L.R.A.1917D, 325. 
 
 Territorial extent of lien of Federal judg- 
 ment as limited by state recording acts. 
 47 L.R.A. 475. 
 
 15. What entry or record necessary 
 to complete. 
 
 Index as part of record. 14 L.R.A. 393. 
 Necessity of entrv or record generally. 28 
 
 "L.R.A. 621. 
 
 How made and what constitutes. 28 L.R.A. 
 623. 
 
 For the purpose of terminating the power 
 of the court to change. 28 L.R.A. 625. 
 
 As between the parties. 28 L.R.A. 626. 
 
 For the purpose of appeal. 28 L.R.A. 627. 
 
 For the purpose of being effective as a lien. 
 28 L.R.A. 632. 
 
 For the purpose of enforcement. 28 L.R.A. 
 633. 
 
 For the purpose of putting the statute of 
 limitations in motion. 28 L.R.A. 634. 
 
 For the purpose of vesting title. 28 L.R.A. 
 634. 
 
 For the purpose of evidence. 28 L.R.A. 635. 
 
 To prevent collateral attack. 28 L.R.A. 637. 
 
 To constitute a bar to another action. 28 
 L.R.A. 637. 
 
 Judgments of justices of the peace. 28 
 L.R.A. 638. 
 
 Certainty and accuracy necessary in respect 
 to Christian names or initials in record 
 or index relied on as imparting con- 
 structive notice. 7 L.R.A. (N.S.) 415: 
 25 L.R.A.(N.S.) 1211; L.R.A.1915D, 
 1211. 
 
 16. Amendment of record to cure de- 
 fect for which motion in arrest has 
 been made. 
 
 Amendment in the trial court. 67 L.R.A. 
 179. 
 
 Set/in witli ttiix Itnolt on every fflir question.
 
 INDEX TO L.R.A. NOTES. 
 
 775 
 
 JUDGMENT, II. d cont'd 
 -Amendment in the appellate court. 67 
 L.R.A. 185. 
 
 17. Time of. 
 
 When entry may be made on judgment con- 
 fessed on warrant of attorney. 13 
 L.R.A. 798. 
 
 Entry of, on holidays. 19 L.R.A. 318. 
 
 First and last days in computing time for 
 docket ing. 49 L.R.A. 224. 
 
 Injunction against judgment void or with- 
 out jurisdiction on account of time of 
 rendition. 31 L.R.A. 202. 
 
 18. entry mine pro tune. 
 
 Power to render. 20 L.R.A. 143. 
 
 As to time. 20 L.R.A. 144. 
 
 As to evidence in obtaining a judgment 
 mine pro tune. 20 L.R.A. 145. 
 
 As to nunc pro tune entry in criminal cases. 
 20 L.R.A. 146. 
 
 As to nunc pro tune judgments affecting 
 third parties. 20 L.R.A. 146. , 
 
 As to nunc pro tune judgments made in va- 
 cation. 20 L.R.A. 147. 
 
 As to change in statute or charter. 20 
 L.R.A. 147. 
 
 As to notice. 20 L.R.A. 147. 
 
 As to delay or negligence of party. 20 
 L.R.A. 148. 
 
 As to death of party before entry of final 
 judgment. 20 L.R.A. 148. 
 
 Right to enter judgment nunc pro tune as of 
 the date of rendition, so as to affect in- 
 tervening rights of third persons. 15 
 L.R.A. (N.S.) 682. 
 
 e. Motion in arrest. 
 
 19. Generally. 
 
 Amendment of record to cure defect for 
 which motion in arrest has been made, 
 see supra, 16. 
 
 In criminal cases, see CRIMINAL LAW, 58. 
 
 Objecting to jurors who have served in 
 same or similar case by motion in ar- 
 rest. 68 L.R.A. 884. 
 
 Sufficiency on motion in arrest of judgment 
 of allegations of facts in regard to de- 
 fects in street or highway in action 
 against municipality for injury re- 
 ceived therefrom. 21 L.R.A. (N.S.) 48. 
 
 Motion in arrest of judgment against gar- 
 nishee on ground of invalidity of judg- 
 ment against' principal because of lack 
 of jurisdiction. 51 L.R.A. (N.S.) 599. 
 
 III. Effect and conclusiveness. 
 
 a. In general. 
 
 20. Generally. 
 
 Of foreign judgment, see infra, 67. 
 
 Effect and conclusiveness of decision on ap- 
 peal, see APPEAL AND EBROB, 43, 44. 
 
 Recovery for part of claim as bar to further 
 suit, see ACTION OB SUIT, 17. 
 
 In action to remove cloud on title, see 
 CLOUD ON TITLE, 6. 
 
 In divorce suit, see DIVORCE AND SEPARA- 
 TION, 14, 15. 
 
 In injunction suit, see INJUNCTION, 90. 
 
 In garnishment proceedings, see GARNISH- 
 MENT, 14. 
 
 lt also L.R.A. Digests of Cases. 
 
 JUDGMENT, III. a cont'd 
 
 Admissibility of judgment in evidence, see 
 
 EVIDENCE, 131, 132. 
 
 Weight of, as evidence, see EVIDENCE, 306. 
 Effect of fraud on, see FRAUD AND DECEIT, 
 
 28a. 
 Effect of judgment against one or more of 
 
 the parties liable, to release others, see 
 
 JOINT CREDITORS AND DEBTORS, 10. 
 Effect of judgment against nonresident, see 
 
 NONRESIDENTS, 4. 
 
 Availability of defense of res judicata un- 
 der general denial or a plea of the gen- 
 eral issue in action of ejectment. L.R.A. 
 1918F, 258. 
 
 Effect of subsequent statute on executory 
 judgment. L.R.A.1918D, 253. 
 
 Effect on judgment of disqualification of a 
 part of the participating judges. 
 L.R.A.1918D, 244. 
 
 Entry or record necessary to constitute 
 judgment a bar to another action. 28 
 L.R.A. 637. 
 
 Validity of preference to creditor by. 22 
 L.R.A. 808. 
 
 Conclusiveness of judicial admission as to 
 strangers. 28 L.R.A. (N.S.) 327; L.R.A. 
 191 5A, 200. 
 
 Situs of judgment for purposes of adminis- 
 tration. 24 L.R.A. 687. 
 
 Waiver of junior lien by failure to assert 
 it in foreclosure " proceedings. 68 
 L.R.A. 323. 
 
 Municipal liability on judgment as creating 
 indebtedness within meaning of debt 
 limit provisions. 37 L.R.A. (N.S.) 
 1107; L.R.A.1917E, 455. 
 
 Conclusive effect of judgment on which ac- 
 tion to set aside conveyance as fraudu- 
 lent is based. 67 L.R.A. 593. 
 
 Effect of, to render title unmarketable. 38 
 L.R.A.(N.S.) 32. 
 
 Effect of decree granting rights to perco- 
 lating waters. 19 L.R.A. 99. 
 
 Effect of judgment against husband and 
 wife for wife's libel or slander. 30 
 L.R.A. 530. 
 
 Effect of judgment on Lloyd's policy of in- 
 surance. 55 L.R.A. 199. 
 
 Effect of adjudication of insolvency of cor- 
 poration upon its right of action. 15 
 L.R.A. 627. 
 
 Binding effect of judgment refusing dis- 
 charge in bankruptcy or insolvency. 
 13 L.R.A. (N.S.) 629; 30 L.R.A. (N.S.) 
 1164. 
 
 Termination of bastardy proceedings as bar 
 to subsequent case. 1 L.R.A. (N.S.) 
 470. 
 
 Effect upon lien of mortgage, of entry of 
 judgment upon bond or note secured 
 thereby. 24 L.R.A. (N.S.) 1095. 
 
 Equitable conversion of realty into person- 
 alty by land contract where judgment 
 has been entered against one of parties 
 thereto. 57 L.R.A. 644. 
 
 Effect of judgment in adverse suit for lodes 
 or veins within pla'cer claims. 50 
 L.R.A. 294. 
 
 Liability for tort in doing acts authorized 
 by judgment afterwards reversed. 45 
 L.R.A. 800.
 
 776 
 
 INDEX TO L.R.A. NOTES. 
 
 JUDGMENT, III. a cont'd 
 
 The judgment on which action to set aside 
 conveyance as fraudulent as to 
 creditors is based, considered as 
 evidence. 67 L.R.A. 590. 
 
 Conclusiveness of judgment as affected by 
 subsequent events disproving the 
 ground on which it rested. 39 L.R.A. 
 (N.S.) 972. 
 
 Refusal to restore money or property se- 
 cured under judgment subsequently re- 
 versed or set aside as contempt. 39 
 L.R.A.(N.S.) 1100. 
 
 Federal courts following state decisions as 
 to nature and effect. 40 L.R.A. (N.S.) 
 435. 
 
 Final judgment in state court as bar to 
 action under Federal employers' lia- 
 bility act. 47 L.R.A. (N.S.) 79. 
 
 Effect of decree under the Torrens Law. 
 L.R.A.1916D, 50. 
 
 Allowance or disallowance of claim by 
 bankruptcy court as res judicata in a 
 suit or proceeding on the claim in 
 another court. 43 L.R.A. (N.S.) 950. 
 
 Rate of interest after judgment on contract 
 fixing rates. 3 B. R. C. 169. 
 
 Judgment as change of interest or title, 
 or violation of provision requiring sole 
 and unconditional ownership. 50 
 L.R.A.(N.S.) 1164. 
 
 Acquittal in criminal court as bar to ex- 
 pulsion of member of association for 
 same acts. 50 L.R.A.(N.S.) 579. 
 
 Construction of decree for alimony in real 
 property as regards the nature of the 
 estate provided for. L.R.A.1918B, 868. 
 
 Right of plaintiff in a suit in which a de- 
 cree of sale was rendered to assert, as 
 against a purchaser thereunder, a title 
 or interest not litigated in the suit. 
 L.R.A.1917C, 888. 
 
 20a. Effect of entry of second judg- 
 ment without vacation or reversal 
 of first. 
 
 General rule. 44 L.R.A. (N.S.) 338. 
 Judgments by default. 44 L.R.A. (N.S.) 
 
 344. 
 Effect of granting new trial. 44 L.R.A. 
 
 (N.S.) 346. 
 Dismissal of case after judgment. 44 
 
 L.R.A.(N.S.) 347. 
 Motions for judgment non obstante vere- 
 
 dicto. 44 L.R.A. (N.S.) 348. 
 Miscellaneous. 44 L.R.A.(N.S.) 348. 
 
 21. Decrees of particular tribunals. 
 
 Decision of city council as to election of city 
 officer as res judicata. 26 L.R.A. (N. 
 S.) 209. 
 
 Conclusiveness of decisions of tribunals of 
 associations or corporations. 49 L.R.A. 
 353. 
 
 Conclusiveness of decisions of the Land De- 
 partment. L.R.A.1918D, 597. 
 
 22. Decrees In equity. 
 
 Judgment in suit in equity affecting real 
 property in another state or country. 
 ;:> L.R.A. f04. 
 
 Begin with this booh- on every Inw question. 
 
 JUDGMENT, III. a cont'd 
 
 Right to reinstatement of mortgage released 
 
 under mistake as to effect of decree. 
 
 58 L.R.A. 788; L.R.A.1917E, 1055. 
 
 23. Judgments in personam. 
 
 Foreign judgments, see infra, 67. 
 In action to enforce mechanics' lien, see 
 MECHANICS' LIENS, 31. 
 
 Effect of judgment in personam requiring 
 conveyance of land in another state or 
 country. 23 L.R.A. (N.S.) 924. 
 
 Recovering personal judgment against own- 
 er as waiver of mechanics' lien. 32 
 L.R.A.(N.S.) 1073. 
 
 24. Effect of judgment obtained 
 upon unauthorized appearance by 
 attorney. 
 
 General doctrine of authority. 21 L.R.A. 
 
 848. 
 
 Domestic judgments. 21 L.R.A. 849. 
 Proof necessary to establish relief. 21 
 
 L.R.A. 853. 
 
 Nature of such judgments. 21 L.R.A. 853. 
 Relief in equity. 21 L.R.A. 854. 
 
 Fraud or collusion. 21 L.R.A. 854. 
 Several defendants. 21 L.R.A. 855. 
 Third parties. 21 L.R.A. 856. 
 Laches, negligence, etc. 21 L.R.A. 857. 
 Foreign -and sister state judgments. 21 
 
 L.R.A. 857. 
 Statutory provisions. 21 L.R.A. 860. 
 
 25. Conclusiveness of probate as res 
 judicata. 
 
 Conclusiveness of probate in other state, see 
 infra, 69. 
 
 Nature of the decree. 21 L.R.A. 680. 
 Jurisdictional Conclusiveness of decree. 2T. 
 
 L.R.A. 681. 
 
 Conclusiveness, generally. 21 L.R.A. 682. 
 With respect to real estate. 21 L.R.A. 683. 
 Facts established by the decree. 21 L.R.A. 
 
 684. 
 
 In ejectment. 21 L.R.A. 685. 
 In chancery. 21 L.R.A. 686. 
 Notice of proceedings. 21 L.R.A. 686. 
 Under state statutes. 21 L.R.A. 686. 
 Collateral attack on probate for fraud not 
 
 affecting the jurisdiction. 36 L.R.A. 
 
 (N.S.) 986. 
 
 26. Habeas corpus decree as to cus- 
 tody of infant as res judicata. 
 
 In general. 67 L.R.A. 783; 49 L.R.A. ( N.S. } 
 83. 
 
 Former judgment only conclusive upon same 
 state of facts. 67 L.R.A. 784. 
 
 Conclusiveness as to issues involved. 67 
 L.R.A. 787. 
 
 Parties or persons concluded. 67 L.R.A. 
 787. 
 
 Foreign judgment as reft judicata. 67 
 L.R.A. 788; 49 L.R.A. (N.S.) 84. 
 
 Dismissal of writ without decision or prej- 
 udice. 67 L.R.A. 788. 
 
 27. Judgment as a contract. 
 
 17 L.R.A. Oil.
 
 INDEX TO L.R.A. NOTES. 
 
 777 
 
 JUDGMENT, III. a cont'd 
 
 Change of interest on judgment. 17 L.R.A. 
 
 612. 
 ( 'institutional provisions as to impairment 
 
 of obligations. 17 L.R.A. 613. 
 Obligations created by judgment. 17 L.R.A. 
 
 014. 
 
 It. Judgments l)tj default, consent, con- 
 fcHHion, on demurrer, or of dis- 
 missal. 
 
 28. Judgment by default. 
 
 K fleet of judgment by default against dead 
 
 person. 49 L.R.A. 161. 
 Effect of default judgment beyond the scope 
 
 of the relief asked, if L.R.A. (N.S.) 
 
 803. 
 Collateral attack for fraud not affecting 
 
 jurisdiction on judgment by default. 
 
 36 L.R.A.(N.S.) '983. 
 
 29. Judgment by consent. 
 
 Admissions and waivers by consent decrees 
 
 by representatives of infant. 32 L.R.A. 
 
 675. 
 Collateral attack for fraud not affecting 
 
 jurisdiction on judgment by consent. 
 
 36 L.R.A. (N.S.) 983. 
 
 30. Judgment by confession. 
 
 Judgment confessed in other state, see in- 
 fra, 68. 
 
 By fiduciaries, effect as admission or waiver. 
 
 :;_! L.R.A. 690. 
 A> fraud to sustain attachment. 30 L.R.A. 
 
 486. 
 Effect of judgment by confession against 
 
 dead person. 49 L.R.A. 156. 
 Collateral attack on judgment by confession 
 for fraud not affecting jurisdiction. 
 36 L.R.A. (N.S.) 982. 
 
 31. Judgment on demurrer. 
 
 Collateral attack for fraud not affecting 
 jurisdiction on judgment on demurrer. 
 36 L.R.A.(N.S.) 984. 
 
 3 la. Judgment of dismissal or non- 
 suit. 
 
 Dismissal of writ of habeas corpus to de- 
 termine custody of infant without de- 
 cision or prejudice. 67 L.R.A. 788. 
 
 Collateral attack for fraud not affecting 
 jurisdiction on judgment of dismissal. 
 36 L.R.A. (N.S.) 984. 
 
 Collateral attack on judgment of nonsuit for 
 fraud not affecting the jurisdiction. 36 
 L.R.A. (N.S.) 986. 
 
 Dismissal of action by agreement as bar 
 to subsequent action. L.R.A.1918B, 
 525. 
 
 c. Effect of death or insanity . 
 
 32. Effect of judgment entered 
 against a dead person. 
 
 Judgments against parties dying before in- 
 stitution of suit. 49 L.R.A. 153. 
 
 Judgments on confession. 13 L.R.A. 797; 
 49 L.R.A. 156. 
 
 Consult also L.R.A. Digests of Cases. 
 
 JUDGMENT, III. c cont'd 
 Void judgments. 46 L.R.A. 158. 
 Voidable judgments. 49 L.R.A. 160. 
 Where death occurs at certain stages of the 
 
 action. 49 L.R.A. 161. 
 Judgment by relation back to time prior 
 
 to death. 49 L.R.A. 167. 
 Death of party pending appeal. 49 L.R.A. 
 
 168. 
 
 Judgments in rem. 49 L.R.A. 168. 
 Classification by states where death occurs 
 
 after suit is brought. 49 L.R.A. 170. 
 Effect of judgment rendered on appeal after 
 death of party without revivor. 41 
 L.R.A. (N.S.) 1053. 
 
 33. Insanity as affecting judgments. 
 
 Effect of insanity on judgment confessed on 
 warrant of attorney. 13 L.R.A. 797; 
 49 L.R.A. 156. 
 
 Validity and effect of judgments against 
 insane persons. 39 L.R.A. 775; 35 
 L.R.A. (N.S.) 1090. 
 
 d. What matters concluded. 
 
 34. Generally. 
 
 In divorce suit, see DIVORCE AND SEPARA- 
 TION, 14, 15. 
 
 As to liability for damming back waters of 
 stream. '59 L.R.A. 890. 
 
 In .suit to abate nuisance as bar to action 
 for damages therefor. 58 L.R.A. 735. 
 
 Recovery by physician as bar to action for 
 malpractice. 45 L.R.A. 541. 
 
 Judgment in favor of employee after wrong- 
 ful discharge, as bar to subsequent ac- 
 tion for wages. 5 L.R.A. (N.S.) 449. 
 
 Employer's agreement to pay employee dur- 
 ing disability, or his contribution to 
 insurance, as affecting or affected by 
 recovery against him for personal in- 
 juries. L.R.A.1917B, 1360. 
 
 Effect of setting up defects in articles pur- 
 chased as a counterclaim in an action 
 for one instalment of the purchase 
 price upon the right to set up a like 
 counterclaim in subsequent actions. 10 
 L.R.A.(N.S.) 734. 
 
 Judgment in original action as bar to action 
 by defeated party against the adverse 
 party for perjury in procuring it. 23 
 L.R.A. (N.S.) 134. 
 
 Right to go behind judgment against county 
 or municipality in mandamus proceed- 
 ings to enforce same. 9 L.R.A. (N.S.) 
 1002. 
 
 Effect of adjudication of bankruptcy based 
 on preference of creditor by judgment, 
 as conclusive adjudication against such 
 creditor in other proceedings. 1 L.R.A. 
 (N.S.) 386. 
 
 Conclusiveness of surrogate's decree on right 
 of personal representative to interplead 
 claimants. 37 L.R.A. (N.S.) 986. 
 
 Conclusiveness as to issues involved of 
 habeas corpus decree as to custody of 
 infant. 67 L.R.A. 787: 49 L.R.A. (N.S.) 
 83
 
 INDEX TO L.R.A. NOTES. 
 
 JUDGMENT, III. d cont'd 
 
 Acquittal in criminal court as bar to ex- 
 pulsion of member of association for 
 same acts. 50 L.R.A.(N.S.) 579. 
 
 Recovery by physician as bar to action 
 for malpractice. 46 L.R.A.(N.S-) 219. 
 
 Decree against infringer of patent as affect- 
 ing right of patentee to proceed against 
 purchasers of the infringing articles. 
 L.R.A.1915F, 1101. 
 
 Judgment as to validity of patent as res 
 judicata between same parties in ac- 
 tions for infringement. 6 B. R. C. 724. 
 
 Judgment in action for personal injury as 
 abatement of action for death or 
 vice versa. L.R.A.1915E, 1152. 
 
 Judgment in action for seduction as bar 
 to action for breach of promise. L.R.A. 
 1918A, 366. 
 
 Conviction or acquittal of one of the sub- 
 stantive offenses embraced in a con- 
 spiracy as a bar to prosecution for an- 
 other on theory of res judicata. L.R.A. 
 . 1918A, 589. 
 
 35. In action on insurance policy. 
 
 Action on policy as bar to action to reform 
 
 it. 12 L.R.A. (N.S.) 907. 
 Conclusiveness of coroner's finding as to 
 
 cause of death in action on insurance 
 
 policy. 68 L.R.A. 284; 45 L.R.A. (N.S.) 
 
 404. 
 
 36. In replevin suit. 
 
 Judgment in replevin action as affecting 
 right of purchaser to recover purchase 
 money paid on seller's retaking the 
 property. 38 L.R.A. (N.S,) 898. 
 
 Determination in action in replevin as bar 
 to second action of replevin for recov- 
 ery of the property replevied. 8 L.R.A. 
 (N.S.) 224. 
 
 37. As to real property. 
 
 Conclusiveness of judgment or order in con- 
 demnation proceedings as a settlement 
 
 JUDGMENT, III. d cont'd 
 
 37b. in ejectment. 
 
 Effect of judgment in ejectment against the 
 tenant upon a landlord not a party, 
 or vice versa. 26 L.R.A. (N.S. ) 
 595. 
 
 Conclusiveness of judgment as to claim of 
 title previously acquired but not in is- 
 sue. 4 L.R.A. (N.S.) 295. 
 Judgment dismissing bill to set aside tax 
 deed as cloud on title as res judicata in 
 action under a tax deed to recover pos- 
 session of property. 25 L.R.A., (N.S.) 
 1011. 
 
 38. Judgment on which action to> 
 set aside conveyance as fraudulent, 
 is based. 
 
 Conclusive effect of judgment on which ac- 
 tion to set aside conveyance as. 
 fraudulent is based. 67 L.R.A. 
 593. 
 
 39. Judgment in criminal action. 
 
 Judgment in criminal action as res judicata 
 in civil action. 11 L.R.A. (N.S.) 
 653; 31 L.R.A. (N.S.) 670. 
 
 of rival claims to the award. 
 1917A, 690. 
 
 L.R.A. 
 
 Effect of judgment enjoining use of real 
 property in a certain manner upon the 
 right of subsequent occupants to use the 
 property in the same manner. 13 
 L.R.A. (N.S.) 462. 
 
 Judgment dismissing bill to set aside tax 
 deed as a cloud on title as res judicata 
 in action under tax deed to recover pos- 
 session of property. 25 L.R.A. (N.S.) 
 1011. 
 
 Effect of judgment in partition upon rights 
 of defendants as between themselves, 
 which were not brought to the attention 
 of the court. 14 L.R.A. (N.S.) 333. 
 
 Right as between successful plaintiff and 
 evicted defendant to crops unsevered 
 at time of final judgment. 23 L.R.A. 
 (N.S.) 531; L.R.A.1918A, 550. 
 
 37a. action involving boundaries. 
 
 Judgment against plaintiff in action invol- 
 ving boundary as establishing 
 boundary claimed by defendant. 38 
 L.R.A. (N.S.) 1020. 
 
 40. By decision 
 tribunal. 
 
 See COURTS, 12. 
 
 of ecclesiastical 
 
 JIt'(/in iritli 
 
 bnul* on crei'y law question. 
 
 e. As to parties. 
 
 41. Generally. 
 
 In garnishment proceeding, see GARNISH- 
 MENT, 14. 
 
 Effect of judgment against one joint debtor 
 or tort feasor, see JOINT CREDITORS- 
 AND DEBTORS, 10. 
 
 Effect of judgment in favor of one joint 
 debtor or tort feasor, see JOINT CRED- 
 ITORS AND DEBTORS, 11. 
 
 Party affected by dismissal of action by 
 agreement. L.R.A.1918B, 527. 
 
 Effect of decree in proceedings under the 
 Torrens Law. L.R.A.1916D, 50. 
 
 Right of judgment creditor to question va- 
 lidity of attachment. 35 L.R.A. "(iS. 
 
 Judgment as res judicata between codefend- 
 ants or coplaintiffs as to matters which 
 were, or might have been, adjudicated! 
 in the prior suit. 27 L.R.A. (N.S.) 
 650. 
 
 Effect of judgment in favor of party charged 
 with negligence, on liability of code- 
 fendant for the same act of negligence. 
 2 L.R.A.(N.S.) 764. 
 
 Availability of judgment in favor of im- 
 mediate actor in alleged wrong as es- 
 toppel in favor of one whose wrong if 
 any was derivative. 16 L.R.A. (N.s.i 
 677. 
 
 Judgment in attachment as res judicata 
 against chattel mortgagee. 64 L.R.A. 
 566. 
 
 Who bound by habeas corpus decree as to- 
 custody of infant. 67 L.R.A. 787; 4 
 L.R.A.(N.S.) 83.
 
 INDEX TO L.il.A. INDIES. 
 
 719 
 
 JUDGMENT, III. e cont'd 
 
 Liability of reinsurer where judgment is 
 taken against reinsured. 8 L.R.A. (N. 
 S.) 856. 
 
 Is a judgment in a suit to set aside a fraud- 
 ulent conveyance, which purports to de- 
 vest entirely the title of the grantee, 
 res judicata, as between the grantor 
 and grantee or their privies. 21 L.R.A. 
 (N.S.) 481. 
 
 Judgment in a suit by one taxpayer as res 
 judicata in a suit by another. 49 
 L.R.A.(N.S.) 108. 
 
 Decree in taxpayers' suit restraining dis- 
 trict from performing contract, as bind- 
 ing upon contractor. 37 L.R.A. (N.S. ) 
 383. 
 
 Binding effect of judgment against actual 
 tort-feasor upon one who is construc- 
 tively responsible for his torts. L.R.A. 
 1918E, 232. 
 
 Conclusiveness of judgment against a con- 
 structive tort feasor in a subse- 
 quent action for contribution or in- 
 demnity. 40 L.R.A. (N.S.) 1172. 
 
 Recovery by bailor as bar to action by 
 bailee for damage to or conversion of 
 bailed property. 3 B. R. C. 404. 
 
 Judgment in favor of one or more sureties 
 and against others in action by obligee 
 as res judicata between sureties. 51 
 L.R.A. (N.S.) 797. 
 
 Conclusiveness as between lessor and 
 lessee or licensor and licensee of rail- 
 road, of judgment in action for in- 
 juries caused by negligence of the lessee 
 or licensee. L.R.A.1918E, 272. 
 
 Acquittal of one of the parties to a sexual 
 offense as a bar to prosecution of the 
 other. 49 L.R.A. (N.S.) 479. 
 
 g 42. Persons not parties nor notified. 
 
 Validity and effect of a judgment against 
 parties designated in an action as un- 
 known. L.R.A.1917F, 609. 
 
 Effect of attachment and sale of stranger's 
 property. L.R.A.1917B, 400. 
 
 Decree in proceedings under the Torrens 
 Law. L.R.A.1916D, 50. 
 
 Effect of judgment in ejectment against 
 tenant upon landlord not a party, or 
 vice versa. 26 L.R.A. (N.S.) 595. 
 
 Effect of judgment establishing title to prop- 
 erty seized under execution, as against 
 officer making seizure, who was not a 
 party thereto. 14 L.R.A. (N.S.) 530. 
 
 Judgment against one as prima facie evi- 
 dence of amount of damages against an- 
 other liable over, who had no notice 
 of the suit. 16 L.R.A.(N.S.) 911. 
 
 Judgment against trustee in mortgage or 
 deed of trust to secure debt as affect- 
 ing beneficiary not a party. 35 L.R.A. 
 (N.S.) 196. 
 
 Effect of judgment declaring husband's title 
 to estate to be that of mortgagee on 
 dower right of wife who was not a 
 party to the action. 13 L.R.A. (N.S.) 
 723. 
 
 Action against agent as bar to one against 
 principal undisclosed when action first 
 commenced. 6 L.R.A. (N.S.) 729. 
 
 Consult also L.R.A. Digests of Cases. 
 
 JUDGMENT, III. e cont'd 
 
 Necessity of demand or request upon coven- 
 antor to defend in order to bind him by 
 decree against grantee. 13 L.R.A. (N. 
 S.) 732. 
 
 Failure of covenantee to give notice of 
 pendency of action as affecting his right 
 to rely upon an adverse judgment to 
 show breach of covenant. L.R.A.1918B, 
 52. 
 
 43. Person not a party or privy con- 
 ducting defense. 
 
 Where the one assuming the defense is act- 
 ing as agent of the defendant. 37 
 L.R.A. (N.S.) 963. 
 
 Conclusiveness upon an attorney who has 
 charge of the defense. 37 L.R.A. (N.S.) 
 964. 
 
 Actions against officers. 37 L.R.A. (N.S.) 
 965. 
 
 Actions upon notes. 37 L.R.A. (N.S.) 965.. 
 
 Conclusiveness as to questions of liability. 
 37 L.R.A. (N.S.) 965. 
 
 Patent and trademark cases. 37 L.R.A. 
 (N.S.) 966. 
 
 44. Employer and employee. 
 
 Estoppel of servants by judgment as to 
 validity of patent in suit against mas- 
 ter. 6 B. R. C. 727. 
 
 Judgment in favor of employee as bar to 
 recovery against employer for em- 
 plovee's act or default. 54 L.R.A. 
 649". 
 
 Effect of verdict for servant in action 
 against master and servant for latter's 
 negligence or misfeasance. 9 L.R.A. 
 (N.S.) 880; 30 L.R.A.(N.S.) 404; 
 L.R.A.1917E, 1029. 
 
 45. Husband and wife. 
 
 Conclusiveness of judgment in wife's suit 
 for personal injuries, in husband's ac- 
 tion for loss of services and expenses. 
 10 L.R.A. (N.S.) 140. 
 
 Effect of judgment declaring husband's title 
 to an estate to be that of mortgagee, 
 upon dower right of wife, who was not 
 a party to the action. 13 L.R.A. (N.S.) 
 723. 
 
 46. Corporations and stockholders. 
 
 Necessity of notice to stockholder to bind 
 him by an order for unpaid stock sub- 
 scription in insolvency proceedings. 3(> 
 L.R.A. (N.S.) 177. 
 
 Conclusiveness of order in domicil of cor- 
 poration of assessment against 
 stockholders outside thereof. 33 
 L.R.A. (N.S.) 910. 
 
 47. Principal and surety. 
 
 Effect upon surety of judgment against 
 principal. 40 L.R.A. (N.S.) 698; 
 L.R.A.1918E, 814. 
 
 Official bonds. 52 L.R.A. 165; 40> 
 L.R.A. (N.S.) 704; L.R.A.1918E, 
 816. 
 
 48. Principal and agent. 
 
 Action against agent as bar to one against 
 principal undisclosed when first action 
 commenced. 6 L.R.A. (N.S.) 729i 
 
 Commencing action or taking judgment 
 against either an undisclosed principal
 
 780 
 
 INDEX TO L.R.A. NOTES. 
 
 JUDGMENT, III. e cont'd 
 
 or his agent as a bar to a subsequent 
 action against the other. 21 L.R.A. (N. 
 S.) 786. 
 
 Judgment between principal and a third 
 person as res judicata in an action be- 
 tween the latter and an agent. 37 
 L.R.A.(N.S.) 37. 
 
 49. Persons not in being. 
 
 Devestiture of estates of persons not in be- 
 ing. 8 L.R.A.(X.S.) 49. 
 
 50. Mortgage cases. 
 
 Judgment against trustee in mortgage or 
 deed of trust to secure a debt as af- 
 fecting beneficiary who was not a party. 
 35 L.R.A.(N.S.)*196. 
 
 Conclusiveness on bond holders of decree in 
 suit by trustee in mortgage or deed of 
 trust/ 16 L.R.A.(N.S.) 1009. 
 
 /. Collateral attack. 
 1. In general. 
 
 51. Generally. 
 
 On foreign judgment, see infra, 71, 72. 
 
 Judgment in action to remove cloud on title, 
 see CLOUD ON TITLE, 6. 
 
 On decree of divorce, see DIVORCE AND SEP- 
 ARATION, 16-19. 
 
 What is a collateral, and what a direct, 
 attack upon a judgment, within the 
 rule that a judgment that is not void 
 cannot be attacked collaterally. L.R.A. 
 1918D, 470. 
 
 On judgment against parties designated in 
 an action as unknown. L.R.A.1918F, 
 639. 
 
 On adjudication in lunacy proceeding for 
 lack of notice. 23 L.R.A. 743. 
 
 On decree in proceedings under the Torrens 
 Law. L.R.A.1916D, 50. 
 
 Collateral impeachment of findings as to 
 jurisdictional facts on which adminis- 
 tration of a decedent's estate is based. 
 18 L.R.A. 242. 
 
 Presumption that attorney appearing in ac- 
 tion has full authority to do so. 21 
 L.R.A. 848. 
 
 Presumption as to jurisdiction when record 
 shows defence. 1 L.R.A.(N.S.) 740. 
 
 Collateral attack on proceedings of magis- 
 trate committing witness for contempt. 
 1 L.R.A.(N.S.) 1143. 
 
 On judgment against insane person. 39 
 L.R.A. 779; 35 L.R.A. (N.S.) 1093. 
 
 On decisions or findings of the Land De- 
 partment. L.R.A.1918D, 597. 
 
 52. Who may attack judgment. 
 
 Right of parties to adoption proceedings or 
 their privies to attack decree of adop- 
 tion. 30 L.R.A. (N.S.) 159. 
 
 Right of garnishee to attack judgment 
 against principal defendant for 
 lack of jurisdiction. 51 L.R.A. 
 (N.S.) 597. 
 
 53. alleged fraudulent grantee 
 from judgment debtor. . 
 
 Status of the grantee as affecting his right 
 to attack the judgment. 67 L.R.A. 610. 
 
 How the objection to the judgment must 
 be made. 67 L.R.A. 611. 
 
 JUDGMENT, f cont'd 
 
 The sufficiency of the judgment pleaded, to 
 support the action. 67 L.R.A. 611. 
 
 2. Grounds. 
 
 % 54. Generally. 
 
 Decree of divorce, see DIVORCE AND SEPARA- 
 TION, 16-19. 
 
 Disqualification of a part of the participat- 
 ing judges. L.R.A.1918D, 244. 
 
 Insanity of party. 39 L.R.A. 779. 
 
 Insufficiency of pleadings. L.R.A.lOlGE, 
 316. 
 
 Unauthorized appearance of attorney. 21 
 L.R.A. 854. 
 
 Perjury. 10 L.R.A. (N.S.) 242; L.R.A 
 1916B, 893. 
 
 Collateral attack on lunacy proceedings for 
 want of notice to the lunatic. 12 
 L.R.A. (N.S.) 895; 26 L.R.A. (N.S.) 237. 
 
 Collateral attack on probate where the de- 
 cree or the will affirmatively shows that 
 the will is invalid. 42 L.R.A. (N.S.) 
 454. 
 
 Right in a collateral proceeding to raise the 
 question of the validity of a statute 
 or ordinance upon which a proceeding 
 in a criminal case is based. L.R.A. 
 1918D, 1007. 
 
 55. Fraud. 
 
 As ground for attacking foreign judgment, 
 see infra. 72. 
 
 Decree of divorce, see DIVORCE AND SEPARA- 
 TION, 16, 17. 
 
 As ground for attack on decree in proceed- 
 ings under the Torrens Law. L.R.A. 
 1916D, 53. 
 
 By alleged fraudulent grantee on judgment 
 on which action to set aside conveyance 
 as fraudulent is based. 67 L.R.A. 605. 
 Character and kinds of judgments and or- 
 ders within the rule that judg- 
 ments and orders cannot be collat- 
 erally attacked for fraud not af- 
 fecting the jurisdiction. 36 L.R.A. 
 (N.S.) 980. 
 
 56. Decision against constitutional 
 right. 
 
 Denial of due process of law or other consti- 
 tutional right of procedure. 39 
 L.R.A. 449. 
 Conviction for violating unconstitutional 
 
 statute or ordinance. 39 L.R.A. 454. 
 Judgment on unconstitutional contract. 39 
 
 L.R.A. 457. 
 Other cases. 39 L.R.A. 458. 
 
 57. Judgment on which action to set 
 aside conveyance as fraudulent is 
 based. 
 
 Attack for fraud or collusion. 67 L.R.A. 
 605. 
 
 Attack for irregularity. 67 L.R.A. 608. 
 
 Unintentional default in the original action. 
 67 L.R.A. 609. 
 
 Attack for matters arising since tiic- judg- 
 ment. 67 L.R.A. 609. 
 
 Jiegin witJi tJiis book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 781 
 
 JUDGMENT cont'd 
 
 IV. The lien. *\ t ' 
 
 a. In general. 
 
 58. Generally. 
 
 What entry or record is necessary to secure 
 lien, see supra, 15. 
 
 Power of attorney to bind client by discharge 
 of lien of judgment before payment or 
 satisfaction. L.R.A.1918D, 80!). 
 
 Personal liability of a trustee for losses to 
 trust estate from loaning money on se- 
 curity of judgment lien on real estate. 
 44 L.R.A. (N.S.) 897. 
 
 Discharge of liability of one spouse on judg- 
 ment against both as affecting lien on 
 estate by entireties. L.B.A.1916D, 115. 
 
 Effect of judgment as lien. 17 L.R.A. 345. 
 
 Effect of filing of creditor's bill on lien of 
 judgment. 17 L.R.A. 345. 
 
 Effect on, of deed in partition. 57 L.R.A. 
 340. 
 
 Effect on, of discharge in bankruptcy. 42 
 L.R.A.(N.S.) 294. 
 
 Effect upon existing judgment lien of pro- 
 ceedings to renew, revive, or extend the 
 judgment. 53 L.R.A. 702. 
 
 Judgment against vendor or vendee as lien 
 on -property which is the subject of a 
 land contract. 57 L.R.A. 644. 
 
 Position of judgment creditors of partner- 
 ship. 28 L.R.A. 170. 
 
 Necessity of keeping alive judgment against 
 municipal corporation. 2 L.R.A. (N.S.) 
 855. 
 
 59. Of judgment of Federal court. 
 
 Similarity of liens of Federal judgments, 
 
 to those of judgments in state courts. 
 
 47 L.R.A. 469. 
 
 Derivation of liens. 47 L.R.A. 470." 
 Territorial extent of lien. 47 L.R.A. 473. 
 Time of attaching. 47 L.R.A. 478. 
 Statutes of limitations. 47 L.R.A. 478. 
 Suspending the lien. 47 L.R.A. 479. 
 Judgments rendered in another state. 47 
 
 L.R.A. 479. 
 Priority of judgment in favor of United 
 
 States. 47 L.R.A. 479. 
 Decree in admiralty. 47 L.R.A. 480. 
 
 60. Continuing: lien of judgment 
 opened or set aside to permit a de- 
 fense. 
 
 Distinction between opening and setting 
 aside or vacating judgment. 41 L.R.A. 
 222. 
 
 Power to continue lien on opening judg- 
 ment. 41 L.R.A. 223. 
 
 The Pennsylvania and Ohio rules. 41 L.R.A. 
 225. 
 
 Effect of continuance of lien. 41 L.R.A. 225. 
 
 The second or final judgment. 41 L.R.A. 
 226. 
 
 The final enforcement or collection. 41 
 L.R.A. 227. 
 
 Consult l*o I. .11. A. Digests of 
 
 JUDGMENT, IV. cont'd 
 
 7>. Priority of. 
 
 61. Generally. 
 
 May priority between judgments, the liens 
 of which have attached simultaneous- 
 ly, be obtained by priority of execution 
 proceedings. L.R.A. 1916D, 669. 
 
 Priority of judgment of Federal court in 
 favor of United States. 47 L.R.A. 479. 
 
 On future crops as against purchaser or 
 mortgagee. 23 L.R.A. 466. 
 
 Superiority of lien of local assessment. 35 
 L.R.A. 372. 
 
 Pre-existing debt as consideration for mort- 
 gage as against judgment. 33 L.R.A. 
 309. 
 
 Federal courts following state decisions as 
 to priority of judgment. 40 L.R.A. (N. 
 S.) 435. 
 
 62. As to unrecorded conveyance. 
 
 In absence of express statutory definition. 
 
 16 L.R.A. 668. 
 Priority of judgment by virtue of statutes. 
 
 16"L.R.A. 668. 
 Effect of notice on rank of lien of judgment. 
 
 16 L.R.A. 670. 
 Priority of right of purchaser at sale under 
 
 judgment. 16 L.R.A. 671. 
 When judgment creditor purchases at sale. 
 
 16 L.R.A. 671. 
 Effect of notice to purchaser at judgment 
 
 sale. 16 L.R.A. 672. 
 ; Priority as between unrecorded deed or 
 
 mortgage of real estate and judgment 
 
 lien acquired by attachment. L R.A. 
 
 1918A, 1089. 
 
 63. Over conveyance made after be- 
 ginning of term. 
 
 English rule. 38 L.R.A. 243. 
 
 American comments on English rule. 38 
 
 L.R.A. 245. 
 States in which the judgment relates back. 
 
 38 L.R.A. 246. 
 
 General American rule. 38 L.R.A. 247. 
 Judgment with stay of execution. 38 L.R.A. 
 
 250. 
 Special cases. 38 L.R.A. 250. 
 
 64. On after-acquired property. 
 
 Enumeration of the different rules. 42; 
 
 L.R.A. 209. 
 Rule that liens attach equally. 42 L.R.A. 
 
 210. 
 Rule that original priority is retained. 42 
 
 L.R.A. 212. 
 Rule that lien does not attach. 42 L.R.A. 
 
 212. 
 
 c. On trJiat 
 
 65. Generally. 
 
 Priority of lien on property, see supra, 
 '61-64. 
 
 Against property sold in action to enforce 
 contribution to cost of party wall by or 
 against grantees or successors in title. 
 60 L.R.A. 698.
 
 INDEX TO L.E.A. NOTES. 
 
 JUDGMENT, IV. c cont'd 
 
 Judgment against individual as lien on in- 
 terest of tenant by entirety. 9 L.R.A. 
 (X.S.) 1026; 42 L.R.A. (N.S.) 555; 
 L.R.A.1918C, 1015. 
 
 Money decree for permanent alimony or sep- 
 arate maintenance as lien on real prop- 
 erty. 25 L.R.A. (N.S.) 132; L.R.A 
 1916B, 651. 
 
 Dedication as affecting lien of judgment. 
 31 L.R.A. (N.S.) 1028. 
 
 Interest of vendee under an executory con- 
 tract for the purchase of real property. 
 L.R.A.1915B, 340. 
 
 Judgment on antecedent debt as lien on 
 property to which exemption law has 
 attached in the meantime. 37 L.R.A. 
 (N.S.) 156. 
 
 Lien of judgment against one having legal 
 title to land belonging to another. 22 
 L.R.A. 258. 
 
 Liien on judgment on real property permit- 
 ted to stand in debtor's name. 30 
 L.R.A.(N.S.) 10; 46 L.R.A. (N.S.) 
 1097. 
 
 V. Foreign jtidgments. 
 a. In general. 
 
 66. Generally. 
 
 Jurisdiction to render decree of divorce 
 against nonresident, see DIVORCE AND 
 SEPARATION, 7-12. 
 
 Impeaching foreign decree of divorce, see 
 DIVORCE AND SEPARATION, 17. 
 
 Garnishment of judgment rendered in an- 
 other state. 43 L.R.A.(N.S.) 531. 
 
 Law governing right to interest on foreign 
 judgment. 56 L.R.A. 309. 
 
 Lien of judgment of Federal court rendered 
 in another state. 47 L.R.A. 479. 
 
 Copies of records of, for evidence in other 
 state. 5 L.R.A. (N.S.) 938. 
 
 Sufficiency of foreign judgment as condition 
 precedent to equitable remedies of cred- 
 itors. 23 L.R.A. (N.S.) 22. 
 
 ft. Effect and conclusiveness of. 
 
 67. Generally. 
 
 In divorce suit, see DIVORCE AND SEPARA- 
 TION, 15. 
 
 Decision under full faith and credit provi- 
 sion as a Federal question. 62 L.R.A. 
 529. 
 
 Consideration by Federal Supreme Court of 
 questions relating to full faith and cred- 
 it provision in reviewing judgment of 
 state court. 63 L.R.A. 580. 
 
 Foreign judgments in rem. 20 L.R.A. 668; 
 32 L.R.A. 236. 
 
 Judgments in personam. 20 L.R.A. 674. 
 
 Judgments of the courts- of the Confederate 
 states. 20 L.R.A. 681. 
 
 Foreign habeas corpus decree as to custody 
 of infant as res judicata. 67 L.R.A. 
 788; 49 L.R.A. (N.S.) 83. 
 
 Effect of assessment on stockholders under 
 order of court in another state as res 
 judicata. 34 L.R.A. 694. 
 
 Begin with tJiis fooofc on evert/ law question. 
 
 JUDGMENT, V. b cont'd 
 
 Effect in third state of decree upholding a 
 t foreign judgment. 2 L.R.A. (N.S.) 325. 
 
 Effect of foreign judgment obtained on un- 
 authorized appearance by attorney. 21 
 L.R.A. 857. 
 
 Effect in other state of judgment based on 
 local or peculiar law affecting the 
 merits of the cause of action or de- 
 fense. L.R.A.1915F, 984. 
 
 Judgments of courts of state in which in- 
 surance company is incorporated as 
 binding in other states. L.R.A. 1916A, 
 770. 
 
 Judgment in one state in an action for 
 death as affecting action in another 
 state for the same death. L.R.A.1915F, 
 737. 
 
 Extraterritorial effect of judgment fixing 
 domicil. L.R.A.1947C, 185. 
 
 68. Judgment by confession. 
 
 Effect in other states, of judgment confessed 
 on warrant of attorney. 3 L.R.A. (N. 
 S.) 449. 
 
 69. Effect of probate of will in an- 
 other state. 
 
 Conclusiveness of foreign probate decrees. 
 
 20 L.R.A. 673. 
 
 As to personal property. 48 L.R.A. 131. 
 Wills of real estate. 48 L.R.A. 133. 
 Presumption. 48 L.R.A. 136. 
 As to full faith and credit. 48 L.R.A. 136. 
 Conclusiveness of decree of probate from an- 
 other state. 48 L.R.A. 137. 
 Classification by states. 48 L.R.A. 142. 
 Conclusiveness of foreign probate as affect- 
 ing real property. 6 L.R.A. (N.S.) 617. 
 
 70. Against executor or administra- 
 tor. 
 
 The general rule. 27 L.R.A. 101. 
 
 In proceedings commenced in decedent's 
 
 lifetime. 27 L.R.A. 105. 
 Reasons for the rule. 27 L.R.A. 106. 
 The effect of the United (States Constitution 
 
 and act of Congress. 27 L.R.A. 108. 
 How affected by state statute. 27 L.R.A. 
 
 109. 
 
 As evidence of indebtedness. 27 L.R.A. 111. 
 Exceptions to the general rule. 27 L.R.A. 
 
 112. 
 English decisions. 27 L.R.A. 116. 
 
 c. Collateral attack, on. 
 
 71. Generally. 
 
 On decree of divorce, see DIVORCE AND SEP- 
 ARATION, 17. 
 
 Attack on foreign judgment on ground that 
 appearance of attorney unauthorized. 
 
 21 L.R.A. 857. 
 
 72. On ground of fraud. 
 
 Right of surety to relief against judgment, 
 see PRINCIPAL AND SURETY, 25. 
 
 Right to question judgment of court of sis- 
 ter state upon ground that defendant 
 was induced by fraud to go within its 
 jurisdiction. 12 L.R.A. (N.S.) 941.
 
 INDEX TO L.R.A. NOTES. 
 
 783 
 
 JUDGMENT, V. c cont'd 
 
 Eight to resist judgment of sister state on 
 
 tho ground of fraud. 32 L.R.A. 
 
 (N.S.) 905. 
 
 d. Enforcement. 
 
 73. Generally. 
 
 , Decree for alimony, see DIVORCE AND SEPA- 
 
 R...LION, 45. 
 
 Action in one state upon a judgment re- 
 covered under a penal statute in an- 
 other. 12 L.R.A.(N.S.) 873. 
 
 Right of domiciliary administrator to sue 
 on judgment in other state. 39 L.R.A. 
 (N.S.) 430. 
 
 Judgment upon judgment of sister state as 
 merger of the original. 42 L.R.A. 
 (N.S.) 360. 
 
 VI. Payment; discharge; assignment, 
 a. Payment; discharge; satisfaction. 
 
 74. Generally. 
 
 Exemption of property from liability to 
 
 satisfy, see EXEMPTIONS. 
 Judgment against infant, see INFANTS, 
 
 36. 
 Release of one joint debtor from judgment, 
 
 see JOINT CREDITORS AND DEBTORS, II. 
 
 Payment of part of judgment, or promise 
 or agreement to pay, as consideration 
 for agreement extending time of pay- 
 ment. 52 L.R.A. (N.S.) 368. 
 
 Payment by volunteer. 23 L.R.A. 130. 
 
 Satisfaction of judgment on which action 
 to set aside conveyance by judgment 
 debtor is based. 67 L.R.A. 610. 
 
 Sheriff's duty as to adverse claims to pro- 
 ceeds of judgments in his hands. 47 
 L.R.A. 737. 
 
 Eight of town, county, or municipality to 
 compromise valid judgment on partial 
 payment thereof. 19 L.R.A. (N.S.) 320. 
 
 Right of alleged fraudulent grantee of judg- 
 ment debtor to show payment of claim 
 on which judgment based. 67 L.R.A. 
 599. 
 
 75. "Who may receive payment. 
 
 Right of next friend to receive payment of, 
 and satisfy, judgment recovered in be- 
 half of infant. 3 L.R.A. (N.S.) 72; 11 
 L.R.A.(N.S.) 913; L.R.A.1918C, 55. 
 
 Satisfaction by guardian ad litem or his 
 attorney, of judgment in favor of minor. 
 3 L.R.A.(N.S.) 72. 
 
 76. Effect of. 
 
 Effect of release of one joint judgment debt- 
 or, see JOINT CREDITORS AND DEBTORS, 
 II. 
 
 Extinguishment of judgment against prin- 
 cipal by surety's payment, see PRINCI- 
 PAL AND SURETY, 28. 
 
 Payment by defeated party as estoppel to 
 appeal therefrom. 29 L.R.A. (N.S.) 22. 
 
 Right of one who has collected part of judg- 
 ment to appeal from the rest. 29 L.R.A. 
 i N.S.) 15. 
 
 Consult oJso L.R.A. Digests of Cases. 
 
 JUDGMENT, VI. a cont'd 
 
 Right to show upon extrinsic evidence that 
 payment of judgment against, or con- 
 sideration for release of, alleged joint 
 tort feasor was not a satisfaction of 
 the claim. 14 L.R.A. (N.S.) 329. 
 
 Right to new trial after satisfaction of 
 judgment. 68 L.R.A. 136. 
 
 Title of purchaser at judicial sale where 
 judgment was satisfied before sale. 21 
 L.R.A. 44. 
 
 Payment, as ground for injunction against 
 judgment. 30 L.R.A. 563. 
 
 Effect of judgment against one joint tort 
 feasor and satisfaction thereof wholly 
 or partly on liability of other. 58 
 L.R.A. 421. 
 
 Discharge of liability of one spouse on 
 judgment against both as affecting lien 
 on estate by entireties. L.R.A.1916D, 
 115. 
 
 77. Cancelatioii of; recovery back. 
 
 Right of creditor to have satisfaction of 
 judgment canceled where the property 
 levied on, or its proceeds, is returned to 
 the debtor as exempt, or to a third per- 
 son who establishes a claim thereto. 
 11 L.R.A.(N.S.) 396. 
 
 When does limitation commence to run 
 against action to recover money paid 
 on a judgment subsequently reversed 
 or modified. 25 L.R.A. (N.S.) 31. 
 
 Recovery of payment on judgment as made 
 under duress of real property. L.R.A. 
 1915B, 501. 
 
 6. Assignment. 
 
 78. Generally. 
 
 Assignabilitv of decree for alimony. 7 
 L.R.A. (N.S.) 179. 
 
 Assignment of judgment as transfer of inci- 
 dental rights. 1 L.R.A. (N.S.) 149. 
 
 Set-off against judgment in hands of as- 
 signee. 23 L.R.A. 335; L.R.A.1917F, 
 1010. 
 
 Right to injunction against enforcement of 
 judgment as aid to equitable set-off of 
 claim as against assignee of judgment. 
 35 L.R.A. (N.S.) 143. 
 
 Assignment of judgment as affecting attor- 
 ney's lien thereon. 37 L.R.A. (N.S.) 
 226. 
 
 Effect of death of one of the parties after 
 assignment upon remedv by execution. 
 61 L.R.A.,359. 
 
 VII. Revival; enforcement, 
 a. Revival; scire facias. 
 
 79. Generally. 
 
 effect of new promise or payment on barred 
 judgment. 8 L.R.A. (N.S.) 440. 
 
 Effect on existing judgment lien of pro- 
 ceedings to revive judgment. 53 L.R.A. 
 702. 
 
 Effect of resolution to pay judgment 
 against city to excuse creditor's failure 
 to revive judgment during statutory 
 period. 2 L.R.A. (N.S.) 855.
 
 784 
 
 INDEX TO L.R.A. NOTES. 
 
 JUDGMENT, VII. a cont'd 
 
 Revival of judgments in favor of the state. 
 47 L.R.A. (N.S.) 905. 
 
 Expiration of period for revival of dormant 
 judgment as bar to an action thereon 
 L.R.A.1916E, 738. 
 
 Right of garnishee on scire facias on judg- 
 ment against him to attack judgment 
 against principal defendant for lack of 
 jurisdiction. 51 L.R.A. (N.S.) 600. 
 
 80. Service of notice in proceedings 
 for. 
 
 In general. 37 L.R.A. (N.S.) 1162. 
 
 Mode and sufficiency of service, generally. 
 
 37 L.R.A.(N.S.) 1162. 
 Directing process to other county. 37 
 
 L.R.A.(N.S.) 1163. 
 Service on nonresident of state. 37 L.R.A. 
 
 (N.S.) 1163. 
 
 ft. Enforcement. 
 
 81. Generally. 
 
 Of foreign judgment, see supra, 73. 
 Injunction against, see INJUNCTION, 47- 
 
 60. 
 Set-off of, or against, see SET-OFF AND 
 
 COUNTERCLAIM, 22-24. 
 
 Effect of war on judgment recovered by 
 alien enemy. 5 B. R. C. 589. 
 
 Entry or record necessary for the purpose 
 of enforcing judgment. 28 L.R.A. 633. 
 
 Right to sue upon domestic judgment upon 
 which execution may be issued. L.R.A. 
 1917A, 189. 
 
 Of judgment against insane person. 39 
 L.R.A. 778; 35 L.R.A. (N.S.) 1093. 
 
 Final enforcement or collection of judg- 
 ment opened or set aside to permit a 
 defense. 41 L.R.A. 227. 
 
 Judgment in suit in equity affecting real 
 property in another state or country. 
 69 L.R.A. 694. 
 
 Enforcement of judgment against munici- 
 pality for property destroyed by mob. 
 24 L.R.A. 602. 
 
 Power of Federal court to enforce its own 
 judgment against a decedent's estate. 
 12 L.R.A. (N.S.) 154. 
 
 Enforceability of judgment containing 
 usury. 3 L.R.A. (N.S.) 715. 
 
 Effect of death of one of the parties after, 
 upon remedy by execution. 61 L.R.A. 
 353. 
 
 Injunction in favor of judgment creditors 
 against sale under other process. 30 
 L.R.A. 127. 
 
 Liability for procuring judgment on spur- 
 ious claim and enforcing the same 
 against the property of the judgment 
 debtor.. 36 L.R.A. (N.S.) 1112. 
 
 82. Who may enforce. 
 
 Who is real party in interest by whom ac- 
 tion on judgment must be brought. 64 
 L.R.A. 608. 
 
 83. right of surety who has paid 
 judgment to enforce it. 
 
 At law. 16 L.R.A. 115. 
 
 ltec/in irith this booTc on every laiv question. 
 
 JUDGMENT, VII. b cont'd 
 In equity. 16 L.R.A. 117. 
 Under statutes. 16 L.R.A. 118. 
 
 84. Mode of enforcement. 
 
 By execution or levy, see EXECUTION ; LEVT 
 AND SEIZURE. 
 
 Equitable remedy to subject chose in action 
 to judgment after return of no prop- 
 erty found. 63 L.R.A. 673; 15 L.R.A. 
 (N.S.) 976. 
 
 Exhausting remedies at law as a condition 
 of right of judgment creditor to pro- 
 cure a receivership. 33 L.R.A. 546. 
 
 Enforcing orders and decrees of court by 
 imprisonment for debt. 34 L.R.A. 661 ; 
 L.R.A.1915B, 649. 
 
 Right to set up judgment in other court by 
 amendment or supplemental complaint 
 in pending action. 49 L.R.A. 2S.~>. 
 
 Provability of judgments in bankruptcy. .54 
 L.R.A. 369. 
 
 Necessity of notice of default to bind guar- 
 antor of judgment. 20 L.R.A. 259. 
 
 Right to mandamus to compel inferior 
 court to execute or enforce its judg- 
 ment or decree. 24 L.R.A. (N.S.) 880. 
 
 85. Effect of dormancy of judgment. 
 
 Attack for dormancy, on judgment on 
 which action to set aside- conveyance as 
 fraudulent is based. 67 L.R.A.' 609. 
 
 Dormancy of, as ground for injunction 
 against execution. 30 L.R.A. 142. 
 
 Expiration of period for revival of dormant 
 judgment as bar to an action thereon. 
 L.R:A.1916E, 738. 
 
 86. Limitation of action to enforce. 
 
 Conflict of laws as to limitations of actions 
 on. 48 L.R.A. 632. 
 
 Effect of bar of limitations against action 
 to enforce judgment on right to isssue 
 execution thereon. 23 L.R.A. (N.S. i 
 1096. 
 
 Is running of statute against judgment 
 postponed until expiration of time for 
 appeal or motion to> avoid. 47 L.R.A. 
 (N.S.) 145. 
 
 Absence from state as affecting running of 
 statute of limitations against judg- 
 ment. 51 L.R.A. (N.S.) 883. 
 
 VIII. Relief from; setting aside, 
 a. In general. 
 
 87. Generally. 
 
 Appealability of judgment, see APPEAL AND 
 ERROR, 1, 2. 
 
 Loss of right to appeal, see APPEAL AND ER- 
 ROR, 8, 8a. 
 
 Relief from award of arbiters, see ARBITRA- 
 TION, 6. 
 
 From decree of divorce, see DIVORCE AXD 
 SEPARATION, 16-19. 
 
 Modification of decree for alimony, see 
 DIVORCE AND SEPARATION, 46. 
 
 Injunction against judgment, see INJUNC- 
 TION, 47-60.
 
 INDEX TO L.R.A. NOTES. 
 
 785 
 
 JUDGMENT, VIII. a cont'd 
 
 General equitable jurisdiction in regard to 
 injunctions against judgments, see IN- 
 JUNCTION, 47. 
 
 Negligence as bar to injunction, see IN- 
 JUNCTION, 57. 
 
 .As to bill of review, see REVIEW. 
 
 Continuing lien of judgment opened or set 
 aside to permit a defense, see supra, 
 60. 
 
 Right to have void judgment reviewed by 
 appellate court as affecting right to 
 equitable relief. 50 L.R.A. (N.S.) 1055. 
 
 Relief from decree in proceedings under 
 the Torrens Law. L.R.A.1916D, 50. 
 
 Assignment of right to set aside. 15 L.R.A. 
 813. 
 
 Relief from, when rendered on publication 
 of process. 16 L.R.A. 361. 
 
 Opening, setting aside, and vacating decrees 
 obtained by publication. 19 L.R.A. 
 817. 
 
 Reversal, setting aside, or superseding of 
 judgment as ground for injunction. 30 
 L.R.A. 563. 
 
 Knowledge of the pendency of an action as 
 affecting right to equitable relief from 
 judgment rendered without personal ju- 
 risdiction over defendant. 9 L.R.A. 
 (N.S.) 1062. 
 
 May judgment against two or more tort 
 feasors be set aside as to some and al- 
 lowed to stand as to the rest. 27 
 L.R.A. (N.S.) 209. 
 
 Relief from judgment against insane person. 
 39 L.R.A. 780; 35 L.R.A. (N.S.) 1094. 
 
 Removal for separable controversy of ac- 
 tion by school district to cancel judg- 
 ments. 5 L.R.A. (N.S.) 87. 
 
 Elimination of usury after judgment fixing 
 amount of debt or lien. 3 L.R.A. 
 (N.S.) 715. 
 
 Effect of failure to object before judgment 
 to unauthorized appearance by an at- 
 torney upon right to relief from judg- 
 ment. L.R.A.1918B, 899. 
 
 88. Defenses. 
 
 Right to open defa\ilt as affected by char- 
 actor of defense. L.R.A. 1916F, 839. 
 
 Defense of statute of limitations. 61 L.R.A. 
 746; L.R.A.1916F, 856. 
 
 Defense of usury. 12 L.R.A. (N.S.) 659; 
 L.R.A.1916F, 859. 
 
 Necessity of showing defense to cause of 
 action on which judgment based as a 
 condition of maintaining suit in equity 
 to set the same aside upon ground that 
 it was obtained without jurisdiction. 
 14 L.R.A. (N.S.) 213. 
 
 Necessity of affidavit of meritorious defense, 
 and necessity of showing such defense, 
 in order to vacate a judgment rendered 
 without jurisdiction of the person of 
 defendant. 18 L.R.A. (N.S.) 405. 
 
 Necessity of showing meritorious defense as 
 prerequisite to relief from divorce de- 
 cree. L.R.A.1917B, 427. 
 
 89. Judgment by confession. 
 
 Injunction against judgment by confession, 
 see INJUNCTION, 59. 
 
 JUDGMENT, VIII. a cont'd 
 
 Right of third person to have judgment on 
 confession set aside. 54 L.R.A. 758. 
 
 Setting aside judgment confessed on war- 
 rant of attorney. 13 L.R.A. 800. 
 
 90. Judgment by default. 
 
 Grounds for relief, see infra, 97. 
 
 Right to open default as affected by char- 
 acter of defense. 61 L.R.A. 746;" L.R.A. 
 1916F, 839. 
 
 Opening decrees of divorce taken by default. 
 L.R.A.1917B, 472. 
 
 Reliance upon receiving notice from oppos- 
 ing counsel as excuse for default. 4 
 L.R.A. (N.S.) 196. 
 
 Waiver of right to appeal from opening of 
 default by acceptance of favorable part. 
 29 L.R.A.(N.S.) 26. 
 
 91. availability to privies. 
 
 Is remedy of party to open a default judg- 
 ment available to his privies. 26 
 L.R.A.(N.S.) 1063. 
 
 92. Who may have judgment against 
 other parties set aside. 
 
 Who entitled to appeal, see APPEAL AND ER- 
 ROR, 7, 7a. 
 
 Right of third person to have decree of di- 
 vorce set aside. 54 L.R.A. 758; L.R.A. 
 1917B, 497. 
 
 Is remedy to open default judgment avail- 
 able to his privies. 26 L.R.A. (N.S.) 
 1063. 
 
 Right of distributee who had no notice and 
 did not appear, to have decree of ac- 
 counting opened. 63 L.R.A. 98. 
 
 Remedy of pretermitted heirs to have pro- 
 bate set aside. 37 L.R.A. (N.S.) 1144. 
 
 Who may ask for relief from judgment 
 against insane person. 35 L.R.A. 
 (N.S.) 1096. 
 
 Judgments on confession. 54 L.R.A. 758. 
 
 Matters of administration, probate, heirs, 
 guardian. 54 L.R.A. 761. 
 
 Assignment for creditors. 54 L.R.A. 762. 
 
 Garnishment. 54 L.R.A. 763. 
 
 Foreclosure of mortgage. 54 L.R.A. 763. 
 
 Judgments against partners. 54 L.R.A. 
 763. 
 
 Judgments against corporations. 54 L.R.A. 
 763. 
 
 For death of party. 54 L.R.A. 764. 
 
 For usury. 54 L.R.A. 765. 
 
 Application by surety or guarantor. 54 
 L.R.A. 765. 
 
 Application by party claiming property af- 
 fected. 54 L.R'.A. 766. 
 
 Application by creditors seeking relief. 54 
 L.R.A. 768. 
 
 Application by other persons. 54 L.R.A. 
 768. 
 
 Who is entitled to invoke certiorari to re- 
 view a decree or order affecting sale of 
 intoxicating- liquor. 19 L.R.A. (N.S.) 
 610. 
 
 Right of creditor to attack a judgment 
 against debtor in favor of another cred- 
 itor on the ground of accident or mis- 
 take. 29 L.R.A. (N.S.) 1190. 
 
 Consult also L.R.A. Digests of Cases. 50
 
 786 
 
 INDEX TO L.R.A. NOTES. 
 
 JUDGMENT, VIII. cont'd 
 ft. Grounds. 
 
 93. Generally. 
 
 For relief from decree of divorce, see DI- 
 VORCE AND SEPARATION, 16-19. 
 
 Invalidity or want of jurisdiction as ground 
 for injunction, see INJUNCTION, 48. 
 
 Errors and irregularities as ground for in- 
 junction, see INJUNCTION, 49. 
 
 Matters arising subsequent to rendition of 
 judgment, as ground for injunction, see 
 Injunction, 50. 
 
 Defenses existing prior to rendition of judg- 
 ment, as ground for injunction, see 
 INJUNCTION, 51. 
 
 Disqualification of a part of the participat- 
 ing judges. L.R.A.1918D, 244. 
 
 Relief from judgment obtained on unau- 
 thorized appearance by attorney. 21 
 L.R.A. 854. 
 
 Relief against judgment rendered against 
 insane person. 39 L.R.A. 780. 
 
 Relief from judgment suffered in reliance 
 upon a promise which was not ob- 
 served. 13 L.R.A. (N.S.) 579. 
 
 Judgment entered upon warrant of attorney 
 in contract made on Sunday. 44 L.R.A. 
 (N.S.) 727. 
 
 Opening or setting aside consent decree en- 
 tered by consent of attorney. 46 L.R.A. 
 (N.S.) 753. 
 
 94. Mistake, inadvertence, surprise, 
 or excusable neglect. 
 
 Accident, sickness, or death, as ground for 
 injunction, see INJUNCTION, 54. 
 
 Mistake as ground for injunction, see IN- 
 JUNCTION, 55. 
 
 Surprise or duress as ground for injunction, 
 see INJUNCTION, 56. 
 
 Negligence as ground for injunction, see IN- 
 JUNCTION, 57. 
 
 Right of creditor to attack judgment 
 against debtor in favor of another cred- 
 itor on ground of accident or mistake. 
 29 L.R.A. (N.S.) 1190. 
 
 Delay of mail or train, or loss of mail, as 
 accident or surprise for which judgment 
 bv default may be set aside. 30 L.R.A. 
 (N.S.) 740. 
 
 Lack of actual notice in case of construct- 
 ive service as ground for relief, un- 
 der a statute permitting opening of a 
 judgment for mistake, inadvertence, 
 surprise, or excusable neglect. 31 
 L.R.A.(N.S.) 1068. 
 
 Mistake in name or description of corpora- 
 tion as affecting judgment by default 
 against it. L.R.A.1916F, 728" 
 
 Relief from default judgment because of 
 failure of agent upon whom writ was 
 served to notify defendant. L.R.A. 
 1916E, 103. 
 
 Is neglect of counsel to be imputed to party, 
 under statute providing for relief from 
 judgment for mistake, inadvertence, 
 surprise, or excusable neglect. 27 
 L.R.A.(N.S.) 858. 
 
 Begin with this TjooJc on every law question. 
 
 JUDGMENT, VIII. b cont'd 
 
 Reliance upon clerk or judge for informa- 
 tion as to time of trial or hearing as 
 ground of relief from judgment. L.R.A. 
 1917C, 1193. 
 
 Accident or mistake as ground for relief 
 from divorce decrees. L.R.A. 1917B, 
 459. 
 
 95. Fraud and collusion. 
 
 Fraud as ground for relief from judgment 
 JUNCIION, 52. 
 
 Fraud as ground for relief from judgment 
 for purchase money. 31 L.R.A. 753. 
 
 Fraud or collusion as ground for relief 
 from judgment obtained on unauthor- 
 ized appearance by attorney. 21 L.R.A. 
 854. 
 
 Relief from judgment suffered in reliance 
 upon a promise which was not ob- 
 served. 13 L.R.A. (N.S.) 579. 
 
 Concealment of evidence as ground for re- 
 lief against judgment. 26 L.R.A. 
 (N.S.) 536. 
 
 Fraud as ground of attack upon a judg- 
 ment entered upon stipulation or com- 
 promise. 45 L.R.A. (N.S.) 1159. 
 
 Fraud as defense justifying opening of de- 
 fault judgment. L.R.A.1916F, 853. 
 
 As ground for relief from decree in pro- 
 ceedings under the Torrens Law. L.R.A. 
 191 6D, 50. 
 
 As ground of attack on divorce. L.R.A. 
 1917B, 441. 
 
 96. Perjury. 
 
 Perjury as ground for injunction, see IN- 
 JUNCTION, 53. 
 
 Perjury as ground for relief against judg- 
 ment. 10 L.R.A.(N.S.) 216; 23 
 L.R.A. (N.S.) 564: 25 L.R.A. 
 (N.S.) 574; L.R.A.1916B, 890. 
 Perjury as ground of attack upon a judg- 
 ment entered upon stipulation or com- 
 promise. 45 L.R.A. (N.S.) 1159. 
 Perjury as ground for relief from divorce 
 decree. L.R.A.1917B, 429. 
 
 97. Judgment by default. 
 
 Opening decree of divorce taken bv default. 
 L.R.A.1917B, 472. 
 
 Delay of mail or train or loss of mail, as 
 accident or surprise for which judg- 
 ment bv default may be set aside. 30 
 L.R.A.(N.S.) 740. " 
 
 Reliance upon receiving notice from oppos- 
 ing counsel as excuse for default. 4 
 L.R.A. (N.S.) 196. 
 
 Mere forgetfulness as ground for setting 
 aside default. 43 L.R.A. (N.S.) 930. 
 
 Mistake in name or description of corpora- 
 tion as affecting judgment by default 
 against it. L.R.A.1916F, 728*. 
 
 Relief from default judgment because of 
 failure of agent upon whom writ was 
 served to notify defendant. L.R.A. 
 1916E, 103.
 
 INDEX TO L.R.A. NOTES. 
 
 787 
 
 JUDGMENT IN PERSON AM. 
 
 See JUDGMENT, 9, 10, 23. 
 
 JUDICIAL MATTERS. 
 
 Time in relation to, see TIME, 2. 
 
 JUDICIAL NOTICE. 
 
 See EVIDENCE, II. 
 
 JUDICIAL POWER. 
 
 Delegation of, generally, see CONSTITUTION- 
 AL LAW, V. 
 
 JUDICIAL PROCEEDINGS. 
 
 Bond given in, see BONDS, 8. 
 
 Validity of contract procured by threats of, 
 
 see CONTRACTS, 91. 
 Privileged nature of report of, see LIBEL 
 
 AND SLANDER, 28-30. 
 Mistake in, see MISTAKE, 18. 
 On Sunday, see SUNDAY, 3. 
 
 Opinion gained from newspaper reports of, 
 as disqualification of juror in criminal 
 case. 35 L.R.A.(N.S.) 1007. 
 
 Necessity of, to effect escheat. 15 L.R.A. 
 (N.S.) 379. 
 
 Voluntariness of payment of license fee 
 after commencement of. 22 L.R.A. 
 (N.S.) 874. 
 
 Voluntariness of payment of license fee un- 
 der threats of. 22 L.R.A. (N.S.) 875. 
 
 Apprehension or possibility of, as affecting 
 Voluntariness of payment of license fee. 
 22 L.R.A. (N.S.) 876. 
 
 Uncontradicted statement in presence of ac- 
 cused in, as confession or admission. 
 25 L.R.A. (N.S.) 562; 42 L.R.A. (N.S.) 
 893. 
 
 JUDICIAL RECORDS. 
 
 See RECORDS AND RECORDING LAWS, 7, 
 8. 
 
 JUDICIAL SALE. 
 
 I. In general, 1. 
 II. TJic vale generally, 2-7a. 
 
 III. Effect; validity; deed, S-1O. 
 
 IV. Purchasers* and their rights, duties, 
 
 and liabilities, 11-16. 
 V. Confirmation; setting aside; col- 
 lateral allaclt on, 17, 18. 
 VI. Redemption. 19. 
 ^Consult also L.R.A. Digests of Cases. 
 
 JUDICIAL SALE cont'd 
 
 /. In general. 
 
 1. Generally. 
 
 As to auctions, see AUCTIONS. 
 
 Of property in custody of law, see CUSTODY 
 OF LAW, 3. 
 
 Sale by personal representative, see EXECU- 
 TORS AND ADMINISTRATORS, 59. 
 
 Sale by guardian of ward's land, see GUARD- 
 IAN AND WARD, 7, 14. 
 
 Sale of infant's lands generally, see IN- 
 FANTS, 27-29. 
 
 Injunction against, see INJUNCTION, 
 41a-44. 
 
 Sale on foreclosure of mortgage, see MORT- 
 GAGE, 77-82. 
 
 Partition sale, see PARTITION. 
 
 Sale by pledgee, see PLEDGE AND COLLAT- 
 ERAL SECURITY, 11-14. 
 
 Sale by receiver, see RECEIVERS, 28. 
 
 Sale for taxes, see TAXES, 72-81 a. 
 
 Measure of restitution where property is 
 sold under a judgment or order subse- 
 quently reversed without intervening 
 supersedeas or stay. L.R.A.1917C, 
 1179. 
 
 Effect of rule against maintenance. L.R.A. 
 1916E, 74. 
 
 Right of officer conducting judicial sale to 
 his fee, where property is bid in by 
 person at whose instance sale was 
 made. 48 L.R.A. (N.S.) 542. 
 
 When statute begins to run against action 
 by private person based on breach of 
 duty by public officer in connection with 
 judicial sale. 52 L.R.A.(N.S.) 710. 
 
 Personal liability of officer or referee to sell 
 property for broker's services. 38 
 L.R.A. (N.S.) 777. 
 
 Right of foreign sheriff to maintain action 
 in respect of a sale made by him while 
 in office. 29 L.R.A.(N.S.) 792. 
 
 Presumption as to time of erasure in order 
 of sale. 39 L.R.A. (N.S.) 115. 
 
 Federal courts following state decisions as 
 to matters relating to. 40 L.R.A. 
 (N.S.) 436. 
 
 Acceptance by debtor of surplus arising 
 from sale under a decree as affecting his 
 right to appeal from the decree. L.R.A. 
 1918E, 106. 
 
 II. The sale generally. 
 
 2. Generally. 
 
 Right to withdraw property after it has 
 been offered. 57 L.R.A. 789; L.R.A. 
 1917A, 74. 
 
 Right of officer conducting a sale to make 
 bids. 20 L.R.A. 503. 
 
 Irregularity in. as ground for injunction 
 against sale. 30 L.R.A. 138. 
 
 Title of purchaser as affected by irregular- 
 ities in notice of sale. 21 L.R.A. 42. 
 
 Modification prior to sale of terms or con- 
 ditions imposed upon judicial sale of 
 property. L.R.A.1915A, 699. 
 
 3. Time. 
 
 First and last days in computing time for. 
 49 L.R.A. 233.
 
 7S8 
 
 INDEX ID L.R.A. NOTES. 
 
 JUDICIAL SALE, II. cont'd 
 
 4. on other than appointed date. 
 
 In general. 38 L.R.A. (N.S.) 248. 
 
 Sale on adjourned or postponed date. 38 
 
 L.R.A. (N.S.) 249. 
 Loss of priority of execution by consent of 
 
 creditor to delay or postponement of 
 
 sale. 27 L.R.A/374. 
 Sufficiency of notice of postponement of 
 
 judicial sale. L.R.A. 1915B, 640. 
 
 5. Place. 
 
 Place of. 33 L.R.A. 92. 
 
 5a. Notice. 
 
 Place for posting notice of judicial or public 
 
 sale. L.R.A.1916E, 1143. 
 Notice of postponement of sale. 
 1915B, 640. 
 
 L.R.A. 
 
 6. Of what property. 
 
 Of property in custody of law, sec CUS- 
 TODY OF LAW, 3. 
 
 What may be sold under levy on partner- 
 ship property for debt of partner. 46 
 L.R.A. 485, 499. 
 
 Of trademark. 1 L.R.A. (N.S.) 717. 
 
 Of collateral bonds and commercial paper. 
 53 L.R.A. 863. 
 
 Of land held adversely. 35 L.R.A. (N.S.) 
 741. 
 
 7. corporate franchise or property 
 necessary 'for its 'enjoyment. 
 
 In general. 20 L.R.A. 737; 31 L.R.A. 
 (N.S.) 636. 
 
 Private corporations. 20 L.R.A. 737; 31 
 L.R.A.(N.S.) 637. 
 
 Quasi-public corporations. 20 L.R.A. 737; 
 31 L.R.A.(N.S.) 637. 
 
 Corporate property. 20 L.R.A. 737; 31 
 L.R.A.(N.S.) 637, 639. 
 
 What property is necessary to the fran- 
 chises. 20 L.R.A. 739. 
 
 Equity sales. 20 L.R.A. 739; 31 L.R.A. 
 (N.S.) 638. 
 
 Enjoining sale. 20 L.R.A. 740. 
 
 Legislative authority. 20 L.R.A. 740. 
 
 Effect of sale. 20 L.R.A. 740. 
 
 Property not necessary to operation of 
 franchise. 31 L.R.A. (N.S.) 638. 
 
 Right to sell property separate from fran- 
 chise. 31 L.R.A". (N.S.) 642. 
 
 7a. Bids. 
 
 Release of purchaser from, on annulling ju- 
 dicial sale. 69 L.R.A. 33. 
 
 Chilling of, at judicial sale. 42 L.R.A. 
 .(N.S.) 1198. 
 
 Contract for sale of bid at judicial sale as 
 suppression of competition. 42 L.R.A. 
 (N.S.) 1206. 
 
 Rights and remedies of one whose bid at 
 a judicial sale is ignored or disre- 
 garded. 47 L.R.A. (N.S.) 8!)G. 
 
 Pov,-er to extend time for compliance with 
 bid. 43 L.R.A.(N.S.) 671. 
 
 Bcijin iritJi tins 7>oofc on every law question. 
 
 ,11 DICIAL SALE cont'd 
 
 ///. Effect; validity; deed. 
 
 8. Effect and validity. 
 
 Effect of fraud at, see FRAUD AND DECEIT, 
 
 20. 
 Effect of judicial sale of insured property, 
 
 see INSURANCE, 71. 
 Validity of tax sale, see TAXES, "5. 
 Effect of tax sale, see TAXES, 76. 
 
 Officer's return upon judicial sale as a 
 memorandum satisfying the Statute of 
 Frauds. L.R.A.1917E, 899. 
 
 Effect of attachment and sale of stranger's 
 property. L.R.A.1917B, 400. 
 
 Validity of. as against persons not in being. 
 8 L.R.A. (N.S.) 72. 
 
 Devestiture of estate of persons not in be- 
 ing by. 42 L.R.A. (N.S.) 443. 
 
 Effect of sale of corporate franchise or 
 property necessary for its enjoyment. 
 20 L.R.A. 740. 
 
 Effect of sale of lands under execution 
 against husband upon wife's right of 
 dower. 18 L.R.A. 78. 
 
 Effect of sale under execution of part of 
 tract of land to create easement. 2t> 
 L.R.A. (N.S.) 343. 
 
 Effect of purchase of real property at, to 
 work an equitable conversion of a cor- 
 responding part of the purchaser's per- 
 sonal estate into realty. 16 L.R.A. 
 (N.S.) 859. 
 
 Sale on execution against one cotenant as 
 basis of adverse possession against 
 other. 32 L.R.A. (N.S.) 710. 
 
 Effect of void proceedings under which real 
 property is sold, to start statute of lim- 
 itations running in favor of purchaser 
 in possession. 8 L.R.A. (N.S.) 354. 
 
 As violation of covenant in lease against 
 assignment or sale. 14 L.R.A. (N.S.) 
 1203. 
 
 Remedy for mistake of law as to effect of. 
 28 L.R.A.(N.S.) 906. 
 
 Effect of judicial sale of leased premises to 
 transfer reversion. L.R.A.1915C, 204. 
 
 Purchase by vendor at sheriff's sale of land 
 in suit for instalment of purchase price 
 as bar to vendor's recovery of other 
 unpaid instalments. L.R.A.1916C, 
 
 897. 
 
 Sale under execution as a transfer of prop- 
 erty by the debtor within 60, subcls. 
 a and b of the bankruptcy act. 43 
 L.R.A. (N.S.) 427. 
 
 Remedy of holder of mechanics' lien, after 
 judicial sale of property under a 
 prior or contemporaneous lien, and 
 before distribution of fund. 47 
 L.R.A.(N.S.) 706. 
 
 9. necessity of change of posses- 
 sion as against creditors of former 
 owner. 
 
 Cases holding that change of possession is 
 unnecessary. 36 L.R.A. (N.S.I 
 1019. 
 
 Cases holding the contrary. 36 L.R.A. 
 (N.S.) 1021.
 
 INDEX TO L.R.A. SOXES. 
 
 789 
 
 JUDICIAL SALE, III. cont'd 
 
 9a. suppression of competition. 
 
 General rule. 42 L.R.A. (N.S.) 1198. 
 
 As to result of express or implied contract. 
 
 42 L.R.A. (N.S.) 1199. 
 
 Conspiracy to suppress competition as 
 ground for avoiding sale. 42 L.R.A. 
 (X.S.) 1206. 
 
 Collateral attack. 42 L.R.A. (N.S.) 1207. 
 Effect of statements or conduct of pur- 
 chaser at sale, which had a ten- 
 dency to chill bidding. 42 L.R.A. 
 (N.S.) 1207. 
 
 Statements and conduct of officer conduct- 
 ing sale as ground for avoiding sale. 
 42 L.R.A.(N.S.) 1211. 
 
 10. Deed. 
 
 Tax deed, see TAXES, 81. 
 
 Substitute conveyances. 44 L.R.A. (N.S. ) 
 
 858. 
 Deed made by deputy officer in his own 
 
 name. 19 L.R.A. 179. 
 Presumption as to time of alteration in 
 
 sheriff's deed, 39 L.R.A. (N.S.) 115. 
 
 IV. Purchasers and their rights, duties, 
 and liabilities. 
 
 11. Generally. 
 
 Rights of purchaser at auction, see AUC- 
 TION. 5. 
 
 On foreclosure, see MORTGAGE, 80-82. 
 
 1 lights of purchaser in partition suit, see 
 PARTITION, 11. 
 
 Right of purchaser at sale of pledged prop- 
 erty, see PLEDGE AND COLLATERAL SE- 
 CURITY, 14. 
 
 Of purchaser at tax sale, see TAXES, 78, 
 79. 
 
 Subrogation of purchaser, see SUBROGATION, 
 3. 
 
 Purchase by judge at judicial sale. L.R.A. 
 1918C, 157. 
 
 Effect of misrepresentation to purchasers by 
 sheriff. 18 L.R.A. 88. 
 
 Rights of purchaser at execution sale in 
 fraud of creditors. 67 L.R.A. 900. 
 
 Right of purcnaser on execution to set 
 aside fraudulent conveyance. 15 L.R.A. 
 784. 
 
 Eights and position of purchaser of part- 
 nership real estate under execution 
 
 , against firm. 28 L.R.A. 173. 
 
 Under execution against partner. 28 
 L.R.A. 173. 
 
 Position of partner purchasing partnership 
 prop.erty at sheriff's sale. 28 L.R.A. 
 104. 
 
 Priority of right of purchaser at sale under 
 judgment over prior unrecorded convey- 
 ance. 16 L.R.A. 671. 
 
 Action by purchaser at judicial sale, to re- 
 move cloud on title. 12 L.R.A. (N.S.) 
 66. 
 
 Eight of purchaser under judgment against 
 insane person. 35 L.R.A. (N.S.) 1092. 
 
 Power of one of several joint purchasers at 
 a judicial sale to bind the others. 35 
 L.R.A. (N.S.) 1139. 
 
 Consult also L.R.A. Digests of Cases. 
 
 JUDICIAL SALE, IV. cont'd 
 
 Does the fact that a sale of part of a tract 
 of land is involuntary, prevent implica- 
 tion of a way by necessity over the 
 remainder. 12 L.R.A. (N.S.") 482. 
 
 Purchase by tenant at judicial sale during 
 tenancy. 53 L.R.A. 937. 
 
 Right of one cotenant to purchase the prop- 
 erty in his own right at a sale under 
 an encumbrance created by one through 
 whom the cotenants derive title. 19 
 L.R.A. (N.S.) 591. 
 
 Validity of agreement to purchase property 
 at judicial sale for joint benefit. 38 
 L.R.A. (N.S.) 719. 
 
 Effect of agreement between landlord and 
 tenant for removal of fixtures by latter 
 on rights of purchaser at execution 
 sale. L.R.A.1915E, 829. 
 
 Right of dower in improvements made by 
 purchaser at judicial sale. 3 B. R. C. 
 961. 
 
 Dower in land subject purchase money mort- 
 gage sold on execution against husband. 
 52 L.R.A. (N.S.) 549, 551. 
 
 Right of seller of chattel retaining title or 
 lien as against purchaser at judicial 
 sale of realty to which it is affixed by 
 owner. 49 L.R.A. (N.S.) 401. 
 
 Mandamus to compel transfer of corporate 
 stock purchased at judicial sale. 48 
 L.R.A. (N.S.) 854. 
 
 Right of one who redeems from judicial 
 sale as against purchaser, where 
 title fails. 48 L.R.A. (N.S.) 481. 
 
 Allowing reasonable time to examine title. 
 52 L.R.A. (N.S.) 751. 
 
 Issuance of writ of assistance to put pur- 
 chaser at execution sale in possession. 
 52 L.R.A. (N.S.) 697. 
 
 Right of plaintiff in a suit in which a de- 
 cree of sale was rendered to assert, as 
 against a purchaser thereunder, a title 
 or interest not litigated in the suit. 
 L.R.A.1917C, 888. 
 
 Right of purchaser at execution sale of 
 land subject to mortgage to question 
 validity of mortgage. L.R.A. 1917C. 
 838. 
 
 12. How far purchaser protected as 
 bona fide purchaser. 
 
 Who is a bona fide purchaser. 21 L.R.A. 
 33. 
 
 Records and want of notice. 21 L.R.A. 33. 
 
 Title of purchaser as affected by irregulari- 
 ties. 21 L.R.A. 39. 
 
 Title Acquired. 21 L.R.A. 45. 
 
 Compelling the purchaser to complete the 
 purchase. 21 L.R.A. 45. 
 
 Subrogation. 21 L.R.A. 48; 69 L.R.A. 42. 
 
 Reimbursement. 21 L.R.A. 50; 69 L.R.A. 
 39. 
 
 Recourse. 21 L.R.A. 51. 
 
 Reversal. 21 L.R.A. 52. 
 
 13. Relief of purchaser on annulling 
 sale. 
 
 Release "from bid. 69 L.R.A. 33. 
 Release from bid and return of deposit. 
 (>!) L.R.A. 36.
 
 790 
 
 INDEX TO L.R.A. NOTES. 
 
 JUDICIAL SALE, IV. confd 
 
 Relief by reimbursement or subrogation. 
 
 69 L.R.A. 39. 
 Reimbursement. 21 L.R.A. 50; 09 
 
 L.R.A. 39. 
 Subrogation. 21 L.R.A. 48; 69 L.R.A. 
 
 42. 
 Relief by action against the debtor. 69 
 
 L.R.A. 55. 
 Relief by action against the creditor. 69 
 
 L.R.A. 56. 
 
 Relief by action against the sheriff. 69 
 L.R.A. 58. 
 
 14. Title acquired. 
 
 Title acquired by purchaser. 21 L.R.A. 45. 
 
 Title as affected by irregularities. 21 
 L.R.A. 39. 
 
 Nature of the title or estate of the holder 
 of a sheriff's certificate before ob- 
 taining a deed. 15 L.R.A. 68. 
 
 Insanity of judgment debtor as affecting 
 title of purchaser. 39 L.R.A. 776. 
 
 Rights of seller of fixtures to retain title 
 thereto or lien thereon as against pur- 
 chaser at judicial sale. 1 B. R. C. 669. 
 
 Quitclaim deed from purchaser at a judi- 
 cial sale as passing title subsequently 
 completed. 35 L.R.A.(N.S.) 1190. 
 
 15. Abatement or return of purchase 
 price. 
 
 Reimbursement of purchaser at void sale. 
 
 21 L.R.A. 50; 69 L.R.A. 39. 
 Injunction against judgment for purchase 
 money under court sales. 31 L.R.A. 
 755. 
 
 Right of purchaser of land at judicial sale 
 to abatement of purchase price for de- 
 ficiency in quantity. 28 L.R.A. (N.S.) 
 393. 
 
 Liability of execution creditor for return 
 of purchase price upon failure of 
 title to property sold on execution. 
 36 L.R.A.(N.S.) 1218. 
 
 16. Liability of purchaser. 
 
 Officer's return upon judicial sale as a 
 memorandum satisfying the Statute of 
 Frauds. L.R.A.1917E, 899. 
 
 Liability of purchaser of property charged 
 with the payment of a legacy. 30 
 L.R.A.(N.S.) 820. 
 
 Right of creditor, to enforce promise of one 
 allowed to secure property at judicial 
 sale upon faith of his promise to pay 
 owner's debts. 15 L.R.A. (N.S.) 399. 
 
 Liability of undisclosed principal of bidder 
 at judicial sale for purchase price or 
 for deficiency upon resale of property. 
 46 L.R.A. (N.S.) 887. 
 
 Right of officer conducting judicial sale 
 to his fee where property is bid in 
 by person at whose instance sale was 
 made. 48 L.R.A. (N.S.) 542. 
 
 Purchaser of leasehold at judicial sale as 
 an assignee liable for rent. 52 L.R.A. 
 (N.S.) 988. 
 
 Right of purchaser at execution sale of land 
 subject to mortgage to question valid- 
 ity of mortgage. L.R.A.1917C, 838. 
 
 JUDICIAL SALE cont'd 
 
 V- Confirmation; setting aside; col- 
 lateral attacJc on. 
 
 16a. Confirmation. 
 
 Lapse of time as bar to confirmation. 43" 
 
 L.R.A. (N.S.) 630. 
 Right of bidder at judicial sale to be heard 
 
 upon question of its confirmation. 
 
 L.R.A.1918C, 1179. 
 
 17. Setting aside. 
 
 Mistake as ground of relief from purchase. 
 :54 L.R.A. (N.S.) 927. 
 
 Statements and conduct of officer conduct- 
 ing sale as ground for. 42 L.R.A. 
 (N.S.) 1211. 
 
 For conspiracy to suppress competition. 42 
 L.R.A. (N.S.) 1206. 
 
 On ground that judge who ordered the sale 
 became the purchaser thereat. L.R.A. 
 1918C, 157. 
 
 18. Collateral attack. 
 
 On sale by guardian without giving bond. 
 
 33 L.R.A. 763. 
 Suppression of competition as ground for. 
 
 42 L.R.A.(N.S.) 1207. 
 
 VI. Redemption. 
 
 19. Generally. 
 
 From foreclosure sale, see MORTGAGE, 85 
 
 91. 
 From tax sale, see TAXES, 82-85. 
 
 First and last days in computing time for. 
 
 49 L.R.A. 236. 
 Extension of time for when last day falls 
 
 on Sunday. 14 L.R.A. 122. 
 Applicability to existing purchasers, of 
 changes in law relating to redemption 
 from judicial sales. L.R.A.1915C, 414. 
 Recovery of money paid to redeem as made 
 under duress of real property. L.R.A. 
 1915B, 501. 
 
 Right of one who redeems from judicial 
 sale as against purchaser where title 
 fails. 48 L.R.A. (N.S.) 481. 
 Liability of property redeemed by judg- 
 ment debtor or his grantee to sat- 
 isfy deficiency on indebtedness for 
 which it was originally sold. 47 
 L.R.A.(N.S.) 1048. 
 
 JUNCTIONS. 
 
 Carrier's liability for baggage at junctions. 
 
 36 L.R.A. 787. 
 Duty and liability of connecting carriers 
 
 'to passengers 'at. L.R.A.1918F, 433. 
 
 Begin irith tliis boolc on every law question. 
 
 JUNIOR. 
 
 Effect of use of term in connection with 
 name. 14 L.R.A. 691.
 
 INDEX TO L.R.A. NOTES. 
 
 791 . 
 
 JUNIOR ENCUMBRANCER. 
 
 As necessary party to suit for foreclosure 
 of senior mortgage. 36 L.R.A. (N.S.) 
 426. 
 
 JUNIOR LIEN. 
 
 Waiver by failure to assert on foreclosure, 
 see MORTGAGE, 64. 
 
 JUNIOR MORTGAGE. 
 
 Rights of holder of, to foreclose prior mort- 
 gage, see MOKTGAGE, 67. 
 
 Junior mortgagee as necessary party to 
 foreclosure suit, see MORTGAGE, 70. 
 
 JUNK. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTION AL LAW, 111. 
 
 License of, see LICENSE, 31. 
 
 Municipal control over, see MUNICIPAL COR- 
 PORATIONS, 48. 
 
 Duty of master to inspect junk to be han- 
 dled by employees. 40 L.R.A.(N.S.) 
 890. 
 
 JUNKET. 
 
 Expenses incurred by public officers or em- 
 ployees in attending conventions, etc., 
 as a proper charge on public funds. 
 L.R.A.1917E, 332. 
 
 JURISDICTION. 
 
 Acquiring jurisdiction by appearance, see 
 APPEARANCE, 4. 
 
 In admiralty, see ADMIRALTY, 2, 3. 
 
 On appeal, see APPEAL AND ERROR. 
 
 Of attachment suit, see ATTACHMENT, 11. 
 
 Of proceedings in bankruptcy, see BANK- 
 RUPTCY, 8. 
 
 Over national bank, see BANKS, 48. 
 
 Of highest court to grant certiorari, see 
 CERTIORARI, 3. 
 
 Of consul, see CONSUL, 2. 
 
 Of courts, generally, see COURTS. 
 
 Of courts of equity, see DISCOVERY AND IN- 
 SPECTION; EQUITY; INJUNCTION; SPE- 
 CIFIC PERFORMANCE. 
 
 Ouster of, see COURTS, 3. 
 
 Effect of lack of, see COURTS, 4. 
 
 Of divorce suit, see DIVORCE AND SEPARA- 
 TION, 7-12. 
 
 In mandamus proceedings, see MANDAMUS, 
 17. 
 
 To annul marriage, see MARRIAGE, 17. 
 
 Of partition suit, see, PARTITION, 2, 3. 
 
 Consult 7ro Ts.It.A. Dfrffftf! of Cases. 
 
 JURISDICTION contM 
 
 In patent cases, see PATENTS, 5. 
 
 In quo warranto proceedings, see Quo WAR- 
 
 RANTO, 2. 
 To appoint administrator, see EXECUTORS 
 
 AND ADMINISTRATORS, 4. 
 To appoint receiver, see RECEIVERS, 3. 
 Of action of trover, see TROVER, 5. 
 Over waters, see WATERS, 47. 
 Of action to construe will, see EQUITY, 13. 
 Sufficiency of service of process to confer, 
 
 see WRIT AND PROCESS. 
 
 Necessity of, to protect judical officer. 14 
 L.R.A. 139. 
 
 Conclusiveness of determination by judge 
 of question of. 14 L.R.A. 140; 44 
 L.R.A. (N.S.) 164. 
 
 Of ecclesiastical tribunals. 49 L.R.A. 390. 
 
 Impeachment of certificate of acknowledg- 
 ment because of lack of jurisdiction of 
 officer. 41 L.R.A. (N.S.) 1175. 
 
 Extraterritorial effect of statute limiting 
 jurisdiction in which action may be 
 brought. L.R.A.1916D, 688. 
 
 Right of party who invoked jurisdiction to 
 raise on appeal objection to lack of 
 jurisdiction. L.R.A.1916B, 803. 
 
 Motion attacking, as extending time to 
 plead. 47 L.R.A. (N.S.) 855. 
 
 Of action by carrier to recover difference 
 between rate charged shipper and prop- 
 er rate. 49 L.R.A. (N.S.) 99. 
 
 JURISDICTIONAk AMOUNT. 
 
 In general, see COURTS, 27-29. 
 On appeal, see APPEAL AND ERROR. 6. 
 In injunction suit, see INJUNCTION, .81. 
 In justice's court, see JUSTICE OF THE 
 PEACE, 5. 
 
 JURY. 
 
 I. In general, 1, 2. 
 II. Right to jury trial, 3-7. 
 
 III. Impaneling; selection; compe- 
 
 tency, 8-14,. 
 
 a. In general, 8-1O. 
 
 b. Qualifications and compe- 
 
 tency of jurors, 11-14. 
 
 IV. Number and agreement of jurors 
 
 necessary to verdict, 15. 
 
 I. In general. 
 
 1. Generally. 
 
 Instructions to, see APPEAL AND ERROR, 
 36; TRIAL, 60-68. 
 
 Reversal for matters as to jury, see APPEAL 
 AND ERROR, 39. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 185. 
 
 Matters as to jury in criminal cases, see 
 CRIMINAL LAW, 36-38. 
 
 Separation of, in criminal case, see CRIMI- 
 NAL LAW, 37.
 
 792 
 
 INDEX TO L.R.A. NOTES. 
 
 JURY, I. cont'd 
 
 Discharge of, see CRIMINAL LAW, 03; 
 
 TRIAL, 74. 
 Right of juror to act on own knowledge, 
 
 see EVIDENCE, 17. 
 Experiments in presence of, see EVIDENCE, 
 
 158. 
 
 Experiments by, see EVIDENCE, 158a. 
 View by, see EVIDENCE, 159. 
 Interference with, as ground for new trial, 
 
 see NEW TRIAL, 7, 8. 
 Right of juror to impeach his own verdict, 
 
 see NEW TRIAL, 13. 
 Sickness of juror, see SICKNESS, 4. 
 Questions for, see TRIAL, III. 
 As to deliberation and conduct of jurors, 
 
 see TRIAL, VII. 
 Verdict of, see TRIAL, VIII. 
 Communication by judge with, see TRIAL, 
 
 5. 
 
 Withdrawal of juror, see TRIAL, 18a. 
 As to grand jury, see GRAND JURY. 
 
 Libel or slander by jurors. L.R.A.1915E, 
 1055. 
 
 Libel or slander by imputing misconduct 
 to juror. L.R.A.1915D, 586. 
 
 Employment of person to watch jury 
 to guard against their being tampered 
 with. 48 L.R.A.(N.S.) 540. 
 
 Misconduct toward juror as contempt. 46 
 L.R.A.(N.S-) 517; L.R.A.1916D, 1193. 
 
 Self-executing constitutional provisions as 
 to jury. 16 L.R.A. 283. 
 
 Discrimination as to jurors as ground for 
 removal of cause. 53 L.R.A. 574. 
 
 Who may raise objection of discrimination 
 by statute relating to composition of 
 juries. 32 L.R.A. (N.S.) 957. 
 
 Right of member of, to maintain action for 
 libel or slander in relation to verdict 
 rendered. 23 L.R.A.(N.S.) 728. 
 
 Invalidity of matters relating to, as affect- 
 ing perjury. 54 L.R.A. 521. 
 
 Effect of fact that jury was not sworn on 
 liability for perjury. 40 L.R.A. (N.S.) 
 252. 
 
 JURY, II. cont'd 
 
 Kiyht of property owner to have amount of 
 assessment for public improvement 
 fixed by jury. 60 L.R.A. 236. 
 
 Ilight to jury in proceedings for registra- 
 tion of land titles. 41 L.R.A. (N.S.) 
 1044. 
 
 Right to jury to determine disputed ques 
 tions in summary proceedings to compel 
 attorney to surrender money or prop- 
 erty. L.R.A.1918D, 831. 
 
 Right to trial by jury in inquisition of in- 
 sanity. L.R.A.1918A, 348. 
 
 Right to jury before revocation of condi- 
 tional pardon or parole for condition 
 broken. L.R.A.1915F, 541. 
 
 4. To assess damages on default. 
 
 Necessity of, to compute damages on default 
 
 judgment. 
 (N.S.) 1. 
 
 15 L.R.A. 614; 20 L.R.A. 
 
 Charging jury on Sunday. 
 361. 
 
 L.R.A.1915D, 
 
 2. County charge for services or sup- 
 ply to. 
 
 What services or supplies to jurors are 
 proper subjects of county charge. 21 
 L.R.A.(N.S.) 200. 
 
 II. Riglit to jury trial. 
 
 3. Generally. 
 
 In quo warranto proceedings, see Quo WAR- 
 
 RANTO, 6. 
 
 Compulsory reference as denial of, see REF- 
 ERENCE, 2. 
 
 Effect of admission of state into the Union 
 upon provisions of ordinance of 1787 
 as to. 52 L.R.A. (N.S.) 311. 
 
 Is issue upon grounds of attachment for 
 court or jury. L.R.A.1918B, 344. 
 
 Ilight to jury as affected by compulsory evi- 
 dence aainst one's self. 29 L.R.A. 819. 
 
 Begin u-iHi this boo7c on every fair question. 
 
 5. In criminal prosecutions. 
 
 Question whether suit for statutory pen- 
 alty is a civil or criminal prosecution 
 as affecting right to jury. 27 L.R.A. 
 (N.S.) 745. 
 
 Right of accused to full panel from which 
 to select jury. L.R.A. 1916A, 814. 
 
 Right upon plea of guilty to sentence ac- 
 cused without intervention of jury. 
 35 L.R.A. (N.S.) 1146. 
 
 Restraint on freedom of child as depriva- 
 tion of right to jury trial. 18 L.R.A. 
 (N.S.) 890. 
 
 Validity of waiver of jury trial in criminal 
 action. 11 L.R.A. (N.S.) 1136. 
 
 Effect of statutory declaration that murder 
 committed by certain means, or while 
 engaged in commission of felony, s'.iall 
 be murder in the first degree, upon 
 right of jury to pass upon degree. 12 
 L.R.A.(N.S.)* 935; L.R.A.1916D, 610. 
 
 6. In equity case. 
 
 Constitutional right to trial by jury in 
 equitable cases on account of demand 
 for damages. 15 L.R.A. 287. 
 
 Effect on right to trial by jury of statutes 
 enlarging equitable jurisdiction to re- 
 move cloud on title. 12 L.R.A. (N.S.) 
 67. 
 
 6a. Denial or infringement of right. 
 
 By statute entitling women to serve as 
 jurors. L.R.A.1918E, 773. 
 
 Denial of jury trial simply because matters 
 in issue are complicated. 39 
 L.R.A. (N.S.) 45. 
 
 Preliminary injunction which would have 
 effect of transferring possession of 
 property from defendant to plaintiff as 
 denial of trial by jury. 39 L.R.A. 
 (N.S.) 32. 
 
 Compulsory reference as affected by consti- 
 tutional right to jury. 25 L.R.A. 67; 
 13 L.R.A. (N.S.) 146. 
 
 Civil service laws as violating constitution- 
 al right of trial by jury. 34 L.R.A. 
 (N.S.) 482. 
 
 Constitutionality of provision for separate 
 trial of different issues in same case. 
 40 L.R.A. (N.S.) 138.
 
 INDEX TO L.R.A. NOTES. 
 
 793 
 
 JURY, II. cont'd 
 
 Jury trial on appeal as satisfying the con- 
 stitutional right to trial by jury. 15 
 
 'L.R.A. 441. 
 
 The Torrens Law as infringing the right to 
 trial by jury. L.R.A. 1916D, 22. 
 
 Statute making prinia facie rule of evi- 
 dence for criminal cases as denial of 
 right to jury trial. L.R.A.1915C, 724. 
 
 Workmen's compensation act as infringing 
 right to trial by jury. L.R.A. 19 16A, 
 426; L.R.A.1917D, 56. 
 
 Granting new trial because of excessive ver- 
 dict as interference with constitutional 
 right to jury trial. 51 L.R.A. (N.S.) 
 860. 
 
 7. IJoss or waiver. 
 
 Validity of waiver of jury trial in criminal 
 action. H L.R.A. (N.S.) 1136. 
 
 III. Impaneling; selection; competency, 
 a. In general. 
 
 8. Generally. 
 
 Effect of failure to swear jury. L.R.A. 
 
 1917D, 399. 
 Irregularities of, as ground for new trial. 
 
 18 L.R.A. 476. 
 Impaneling of jury on proceeding with trial 
 
 without arraigning defendant as plac- 
 ing him in jeopardy. 27 L.R.A. (N.S.) 
 
 137. 
 Power of legislature to impose upon judges 
 
 the duty to assist in drawing jurors. 
 
 23 L.R.A.(N.S.) 1115. 
 Summoning biased or otherwise improper 
 
 jurors or talesmen as a contempt. 20 
 
 L.R.A.(N.S.) 1013. 
 Constitutional right to serve as juror. 14 
 
 L.R.A. 581, 584. 
 Mistake as to name of juror in criminal 
 
 case as ground for arrest of judgment, 
 
 new trial, or reversal. 47 L.R.A. (N.S.) 
 
 714. 
 
 Right of accused in criminal case to full 
 panel from which to select jury. 
 L.R.A.1916A, 814. 
 
 8a. Examination. 
 
 Connection with casualty or indemnity com- 
 pany as a proper subject of in- 
 quiry on voir dire, or as disqualifi- 
 cation of a juror in an action 
 against one insured or indemnified 
 by such company. L.R.A.1915A, 
 153. 
 
 9. Challenges. 
 
 Statute affecting challenges to the jury as 
 ex post facto. 31 L.R.A. (N.S.) 820. 
 
 Right of accused to full panel when making 
 peremptory challenges. L.R.A. 1916A, 
 
 828. 
 
 10. Exemption from jury duty. 
 
 Right conferred by statutory exemption of 
 firemen from jury or militia duty. 8 
 L.R.A. (N.S.) 498. 
 
 Exemption of consul from. 45 L.R.A. 587. 
 
 f'o/'XV.V /.v I..R.A. Iliffcrt:-! of C'fifCft. 
 
 JURY, III. cont'd 
 
 6. Qualifications and competency of 
 jurors. 
 
 11. Generally. 
 
 Disqualification of jurors as ground for 
 new trial, see NEW TRIAL, 9. 
 
 Interest which will disqualify one to serve 
 as commissioner or juror in eminent 
 domain proceedings. 47 L.R.A. (N.S.) 
 ' 151. 
 
 Connection with casualty or indemnity com- 
 pany as disqualification of a juror in 
 an action against one insured or in- 
 demnified by such company. L.R.A. 
 1915A, 153. 
 
 Bias as ground for new trial. 18 L.R.A. 476. 
 
 Membership in a religious society or de- 
 nomination as a disqualification to 
 serve as juror in a case involving its 
 rights. 25 L.R.A. (N.S.) 992. 
 
 Constitutionality of statute requiring ju- 
 rors to be taxpayers. 32 L.R.A. (N.S.) 
 414. 
 
 Constitutionality of statute entitling wom- 
 en to serve as jurors. L.R.A.1918E, 
 773. 
 
 Effect of discharge of jury on the discovery 
 of disqualification of one or more of 
 their number to sustain a plea of for- 
 mer jeopardy. 14 L.R.A. (N.S.) 548; 
 L.R.A.1916E, 1273. 
 
 Waiver of property qualification of juror. 
 39 L.R.A.(N.S.) 967. 
 
 l la. Relationship. 
 
 Relationship of juror to party as ground 
 for new trial. 18 L.R.A. 477; 50 L.R.A. 
 (N.S.) 968. 
 
 Relationship to private corporation or asso- 
 ciation for profit which will dis- 
 qualify a juror in a civil action in 
 which it is interested. 40 L.R.A. 
 (N.S.) 978. 
 
 Relationship to private corporation or asso- 
 ciation for profit, interested in a crim- 
 inal prosecution which will disqualify 
 juror. 40 L.R.A. (N.S.) 973. 
 Competency as juror of employee or rela- 
 tive of employee, of party or person 
 interested in an action. 40 L.R.A. 
 (N.S.) 982. 
 
 12. Opinions gained from newspa- 
 pers as disqualifying in criminal 
 case. 
 
 General rule. 35 L.R.A.(N.S.) 988. 
 Statutes. 35 L.R.A. (N.S.) 993. 
 Disqualifying "newspaper opinions," in 
 
 general. 35 L.R.A.(N.S.) 998. 
 Newspaper opinions which it will require 
 evidence to remove. 35 L.R.A. 
 (N.S.) 1000. 
 
 Opinions based on newspaper reports of 
 judicial proceedings. 35 L.R.A. 
 (N.S.) 1007. 
 Opinions based on newspaper reports of 
 
 confessions. 35 L.R.A.(N.S.) 1014. 
 Opinions other than as to guilt. 35 L.R.A. 
 
 (N.S.) 1014. 
 Appellate review. 35 L.R.A. (N.S.) 10] 5.
 
 794 
 
 JURY, III. b cont'd 
 
 13. Personal knowledge of facts to 
 be proved as affecting competency. 
 
 Early law as to knowledge of jurors. 63 
 
 L.R.A. 807. 
 
 What knowledge will disqualify. 63 L.R.A. 
 808. 
 
 14. Jurors who have served in same 
 or similar case. 
 
 Where the issues and parties are the same. 
 68 L.R.A. 871. 
 
 Where the same question of fact is involved, 
 and one of the parties is the same in 
 hoth cases. 68 L.R.A. 873. 
 
 Where the same question of fact is involved 
 in both cases, and the parties are differ- 
 ent! 68 L.R.A. 875. 
 
 Where the transactions are connected, and 
 affect the same party, but the issues 
 are different. 68 L.R.A. 879. 
 
 Where the cases are similar, and the parties 
 are the same. 68 L.R.A. 880. 
 
 Where the cases or facts are similar, and 
 the parties are different. 68 L.R.A. 
 881. 
 
 Time and manner of making the objection. 
 68 L.R.A. 882. 
 
 Unknown disqualification of juror who had 
 served on former trial as ground for 
 new trial. 50 L.R.A. (N.S.) 971. 
 
 IV. Number and agreement of jurors 
 necessary to verdict. 
 
 1XDKX TO L.R.A. NOTES. 
 
 JUSTICE. 
 
 Guaranty of, see CONSTITUTIONAL LAW, 
 
 29c. 
 Obstructing of, see OBSTRUCTING JUSTICE. 
 
 JUSTICE OF THE PEACE. 
 
 1. Generally. 
 
 Competency of, as witnesses. 31 L.R.A. 465. 
 
 Place at which may act. 33 L.R.A. 90; 
 L.R.A.1917E, 361. 
 
 Admissibility of secondary evidence to iden- 
 tify records of. 2 L.R.A. (N.S.) 652. 
 I Right to hold other judiciary position at 
 same time. 8 L.R.A. (N.S.) 1107. 
 
 Libel or slander by imputing misconduct to. 
 L.R.A.1915D, 581. 
 
 Power of legislature to add to or vary the 
 constitutional method of selecting. 
 L.R.A.1916E, 850. 
 
 Validity of acts of de facto justice of the 
 peace. L.R.A.1918D, 1079. 
 
 Right of public prosecutor to have prelimin- 
 ary examination before magistrate dis- 
 missed. V L.R.A.1918C, 209. 
 
 43 
 
 15. Generally. 
 
 Common-law doctrine. 43 L.R.A. 34. 
 Adoption of common-law doctrine. 
 
 L.R.A. 3(5. 
 Meaning of the terms "jury" and "jury 
 
 trial." 43 L.R.A. 48. 
 In criminal matters. 43 L.R.A. 49. 
 In civil actions. 43 L.R.A. 53. 
 The power of the legislature. 43 L.R.A. 56. 
 The question of consent and waiver. 43 
 L.R.A. 59. 
 
 In criminal case. 43 L.R.A. 61; 46 
 
 L.R.A. (N.S.) 38. 
 Absent, sick, or unqualified juror. 43 L.R.A 
 
 69. 
 Constitutional and statutory provisions. 
 
 43 L.R.A. 69. 
 
 Showing of the record. 43 L.R.A. 72. 
 .Distinction between courts of record and 
 
 not of record. 43 L.R.A. 75. 
 Jury 'of more than twelve. 43 L.R.A. 75. 
 The question of demand of jury of twelve. 
 
 43 L.R.A. 76. 
 
 Agreement of the jury. 43 L.R.A. 77. 
 Constitutionality of verdict by less than all 
 
 the jurors. 24 L.R.A. 272. 
 
 JURY DUTY. 
 
 2. Qualifications. 
 
 Right of woman to be. 
 
 38 L.R.A. 209. 
 
 3. Powers of. 
 
 Power of, to punish for contempt, see CON- 
 TEMPT, 11. 
 
 Power of, to order post mortem examina- 
 tion. 31 L.R.A. 543. 
 
 Power to grant immunity to witness. 
 L.R.A.1918A, 376. 
 
 Authority to admit to bail in capital case. 
 39 L.R.A.(N.S.) 758. 
 
 4. Liability of. 
 
 Liability to civil action for acts of judicial 
 nature. 44 L.R.A.(N.S.) 164. 
 
 Personal liability for exceeding jurisdiction. 
 14 L.R.A. 138; 27 L.R.A. 92. 
 
 Liability for false imprisonment, of magis- 
 trate failing to have prisoner brought 
 before him. L.R.A.1917F, 429. 
 
 5. Jurisdictional amount. 
 
 Voluntary credits to bring claim within ju- 
 risdiction. 28 L.R.A. 221. 
 
 6. Pleading and procedure. 
 
 Necessity of pleading the statute of frauds 
 in justice's court. 49 L.R.A. (N.S.) 28. 
 
 Practice before justice for obtaining of con- 
 tinuance for illness of party. 42 
 L.R.A. (N.S.) 669. 
 
 Number of jurors necessary to verdict in 
 justice's court. 43 L.R.A. 51. 
 
 Consent and waiver as affecting number 
 and agreement of jurors necessary to 
 verdict on appeal. 43 L.R.A. 69. 
 
 7. Judgment of. 
 
 Entry or record of judgments of. 28 L.R.A. 
 Exemption from, see JURY, 10. 638. 
 
 .Begin with this ItooTe on every laiv question.
 
 INDEX TO L.R.A. NOTES. 
 
 795 
 
 JUSTICE OF THE PEACE cont'd 
 Conviction by justice of the peace which 
 has been reversed or set aside as prob- 
 able cause which will defeat action for 
 malicious prosecution. 34 L.R.A. 
 (X.S.) 958. 
 
 8. Appeal from. 
 
 Waiver of failure to serve, or defects in 
 service of, process, by appeal from jus- 
 tice's court to court where trial must 
 be de novo. 34 L.R.A. (N.S.) 661. 
 
 JUSTIFICATION. 
 
 1. Generally. 
 
 For assault and battery, see ASSAULT AND 
 
 BATTERY, 3-6. 
 
 For contempt, see CONTEMPT, 3. 
 Of prison breach, see ESCAPE, 2. 
 For homicide, see HOMICIDE, 19-30. 
 For libel, see LIBEL AND SLANDER, IV. 
 
 Presumption and burden of proof as to 
 justification in a civil action for in- 
 tentional killing of another. L.R.A. 
 1918A, 359. 
 
 May entry on land which would otherwise 
 constitute a trespass be justified by 
 private necessity. 20 L.R.A. (N.S.) 
 152. 
 
 JUSTIFICATION cont'd 
 
 Invitation or solicitation to violate injunc- 
 tion or consent or acquiescence there- 
 in as justification for so doing. 9 
 L.R.A.(N.S.) 304. 
 
 Abandonment of suit before entry as affect- 
 ing justification under writ in defense 
 of action for false imprisonment. 4 
 L.R.A. (N.S.) 451. 
 
 2. For discharge of servant. 
 
 See MASTER AND SERVANT, 41. 
 
 3. For strike. 
 
 System of work as justification for strike. 
 
 37 L.R.A.(N.S.) 179. 
 Forcing discharge of foreman or coem- 
 
 ployee as justification for strike. 42 
 
 L.R.A. (N.S.) 1048. 
 Controversy over "open" or "closed" shop 
 
 as justification for means employed to 
 
 aid strike. 17 L.R.A.(N.S.) 162; 
 
 L.R.A.1917F, 760. 
 
 JUVENILE OFFENDERS. 
 
 Tribunal for; validity of statutes establish- 
 ing. 3 L.R.A.(N.S.) 564; 45 L.R.A. 
 (N.S.) 908. 
 
 K 
 
 KEEPER. 
 
 Who is keeper of dog. 17 L.R.A.(N.S.) 
 
 431; L.R.A.1917E, 520. 
 Certification of copies of records by, for 
 
 evidence in other state. 5 L.R.A. 
 
 (N.S.) 955. 
 
 KEEPING DOWN DAMAGES. 
 
 See DAMAGES, 3-11. 
 
 KEEPING TENDER GOOD. 
 
 See TENDER, 7. 
 
 KEG. 
 
 Master's liability for injury by defects in. 
 51 L.R.A. (N.S.) 338. 
 
 KEROSENE. 
 
 Keeping of, on insured premises. L.R.A. 
 
 1917C, 278. 
 Consult also L.R.A. Digests of Cases. 
 
 KEY. 
 
 Transfer of key to receptacle as delivery of 
 possession sustaining gift of contents. 
 40 L.R.A.(N.S.) 901. 
 
 KIDNAPPING. 
 
 See ABDUCTION AND KIDNAPPING. 
 
 KILN. 
 
 Landlord's liability to third person as to 
 condition of. 38 L.R.A. 201. 
 
 Operation of, as nuisance. 2 L.R.A. (N.S.) 
 92. 
 
 Municipal power over brick and lime kilns 
 as nuisances. 38 L.R.A. 654. 
 
 KIND. 
 
 Effect of sale with particular description 
 of kind. 35 L.R.A. (N.S.) 258.
 
 796 INDEX TO L.R.A. NOTES. 
 
 KINDERGARTEN. 
 
 Power of school authorities to adopt kin- 
 dergarten system. 47 L.R.A.(N.S.) 
 203. 
 
 KINDRED. 
 
 In general, see DESCENT AND DISTRIBUTION. 
 Degrees of kinship. 15 L.R.A. 302. 
 
 KISSING. 
 
 Mental anguish as element of damages for 
 kissing woman against her will. 33 
 L.R.A.(N.S.) 98. 
 
 KLEPTOMANIA. 
 
 As a defense to theft. 18 L.R.A. 229; 43 
 
 L.R.A.(N.S.) 150. 
 As a defense to burglary. 43 L.R.A. (N.S.) 
 
 150. 
 
 KNIFE. 
 
 As a deadly weapon. 21 L.R.A. (X.S.) 502. 
 
 As a weapon within statute against carry- 
 ing concealed weapons. 34 L.R.A. 
 (N.S.) 1176. 
 
 KNOWLEDGE. 
 
 Of person claiming estoppel, see ESTOPPEL, 
 
 7a. 
 Of one making untrue representations, see 
 
 FRAUD AND DECEIT, 5. 
 Effect on servant's assumption of risk of 
 
 knowledge of danger, see MASTER AND 
 
 SERVANT, 113. 
 See also NOTICE. 
 
 Effect of master's lack of knowledge of 
 criminal offense by servant on master's 
 liability therefor. 43 L.R.A. (N.S.) 12. 
 
 Effect of fiancee's knowledge of conveyance 
 of property before marriage. 48 L.R.A. 
 (N.S.) 516, 522. 
 
 LABELS. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 113. 
 Labeling cf food, see FOOD, 3. 
 
 As trademarks. 17 L.R.A. 130. 
 
 Police regulations as to labeling articles of 
 
 commerce. 1 L.R.A.(N.S.) 184; 
 
 17 L.R.A.(N.S.) 684; 40 L.R.A. 
 
 (N.S.) 875. 
 
 2. Union labels. 
 
 Indictment for infringement of, see IN- 
 DICTMENT, etc., 21a. 
 
 Label or trademark of labor organization. 
 
 29 L.R.A. 200. 
 Law as to union labels. 39 L.R.A. (N.S.) 
 
 1190. 
 Protection of trade -union labels. 29 L.R.A. 
 
 200. 
 
 LABOR. 
 
 See WORK AND LABOR. 
 
 LABORERS. 
 
 1. Generally. 
 
 Rights of, under contractors' bonds, see 
 
 BONDS, 10. 
 Organizations of, see LABOR ORGANIZATIONS. 
 
 LABORERS cont'd 
 
 Lien of, see LIENS, 11, 12; MECHANICS* 
 LIENS. 
 
 Rights in fund retained pursuant to con- 
 tract for public work to insure pay- 
 ment of their claims. 37 L.R.A. (X.S.) 
 575. 
 
 Loss of time as element of damages for 
 destruction or loss of use of imple- 
 ments or tools of. 25 L.R.A. (N.S.) 
 625. 
 
 2. Preference to. 
 
 Constitutionality of statutes giving priori- 
 ty to claims of certain laborers. 21 
 L.R.A. 797. 
 
 Who are laborers, employees, or servants 
 within meaning of statutes giving; 
 them preferences. 18 L.R.A. 305. 
 
 LABOR LAWS. 
 
 Criminal responsibility of corporation for 
 violation of. 2 B* R. C. 250. 
 
 LABOR ORGANIZATION. 
 
 Conspiracy by, see CONSPIRACY, 4-8. 
 Strike by members of, see CONSPIRACY, 
 
 Berlin icitJi this boofc on every law question.
 
 INDEX TO L.K.A. NOTES. 
 
 797 
 
 LABOR ORGANIZATIONS cont'd 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 87. 
 Label of, see LABELS, '2. 
 Picketing by, see PICKETING. 
 
 Obligation of members of labor union as to 
 political matters. 5 L.R.A.(N.S.) 891; 
 1 B. R. C. 90. 
 
 Master's liability for injury to servant as 
 affected by restriction upon his free- 
 dom of selection and superintendence 
 of employees. 3 L.R.A.(N.S.) 1105. 
 
 Right of action against unincorporated as- 
 sociation. 2 L.R.A. (N.S.) 789. 
 
 Manner of bringing suit against unincor- 
 porated trade union. 1 B. R. C. 852. 
 
 Right of labor union to enforce rules as 
 to the minimum number of employees. 
 L.R.A.1918C, 817. 
 
 Constitutionality of statute forbidding em- 
 ployer to exact agreement from em- 
 ployee not to join. 7 L.R.A.(N.S.) 
 282; L.R.A.1915C, 960. 
 
 Constitutionality of statute restricting rem- 
 edy by injunction in labor disputes. 
 L.R.A.191GF, 836. 
 
 Duty of labor union to notify employer of 
 change of wage scale. L.R.A. 191 5E, 
 1006. 
 
 Agreements between employer and trade 
 union. 45 L.R.A.(N.S.) 184. 
 
 Validity of contract to employ union labor 
 only. 45 L.R.A. (N.S.) 564. 
 
 Hight of municipality or other public body 
 to discriminate in favor of organized 
 labor. 23 L.R.A.(N.S.) 815; 52 L.R.A. 
 (N.S.) 728. 
 
 Relief of member of labor union from un- 
 lawful fine or suspension. 45 
 L.R.A. (N.S.) 353. 
 
 LACHES. 
 
 Estoppel by, generally, see ESTOPPEL, 18- 
 26. 
 
 As bar to action, see LIMITATION OF AC- 
 TIONS, 6-12. 
 
 LACK OF FUNDS. 
 
 As defense against liability of township 
 for injury by defects in highway. 13 
 L.R.A. (N.S.) 1269. 
 
 LADDER. 
 
 Master's liability for injury by, see MAS- 
 TER AXD SERVANT, 83. 
 
 Nondelegability of duty to protect servant 
 from defects in. 54 L.R.A. 72. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D,.170. 
 
 Consult also L..R.A'. Digests of Cases. 
 
 LAGER BEER. 
 
 See INTOXICATING LIQUOBS, 30. 
 
 LAKES. 
 
 As boundary between states, see BOUNDA- 
 RIES, 2a. 
 
 Jurisdiction over, see WATERS, 5. 
 In general, see WATERS, 81-85. 
 
 Duty and obligation of vessel on, in respect 
 to sick or injured member of crew. 35 
 L.R.A. (N.S.) 199. 
 
 Public right of fishing in bays of Great 
 Lakes. L.R.A.1918A, 1147. 
 
 LAME PERSONS. 
 
 Care due to, in absence of contract rela- 
 tion. 69 L.R.A. 532. 
 
 LAMPS. 
 
 Duty of bicyclists to carry. 47 L.R.A. 295. 
 
 *-- 
 
 LAND ASSOCIATION. 
 
 Distribution of parcels of land by chance 
 as a lottery. 23 L.R.A. (N.S.) 626; 
 
 27 L.R.A. (N.S.) 827. 
 
 LAND CONTRACT. 
 
 In general, see VENDOR AND PURCHASER, I. 
 Provision in, as to penalty or liquidated 
 damages, see DAMAGES,* 40. 
 
 LAND DEPARTMENT. 
 
 Disposal of public lands through, see PUB- 
 LIC LANDS, 7-19. 
 
 Collusiveness of decisions or findings of, 
 L.R.A.1918D, 597. 
 
 LANDINGS. 
 
 Right to use for ferry. 59 L.R.A. 535. 
 
 LANDLORD AND TENANT. 
 
 I. In general, 1. 
 
 II. Creation and existence of relation; 
 attornment, 2, 3.
 
 798 
 
 INDEX TO L.R.A. NOTES. 
 
 LANDLORD AND TENANT cont'd 
 ///. Leases, 4-38. 
 
 a. In general, 4-14. 
 
 b. Covenants, 15-22. 
 
 1. In general, 15-2Oa. 
 
 2. Implied covenant*, 
 
 21, 22. 
 
 c. Terms; renewal; holding 
 
 over, 23-26. 
 
 d. Termination; forfeiture, 
 
 27-35. 
 
 e. Assignment and transfer; 
 
 subletting, 36-38. 
 IF. Rights, duties, and liabilities of 
 
 parties, 39-76. 
 a. In general, 39-41. 
 ~b. Rights of tenant, 42-54. 
 
 1. In general, 42-47. 
 
 2. As to fixtures and prop- 
 
 erty on premises, 
 48-54. 
 
 C. Duty and liability of tenant, 
 55-57. 
 
 d. Duty and liability of land- 
 
 lord or his agent, 
 58-72. 
 
 1. In general, 58. 
 
 2. To third persons gen- 
 
 erally, 59-63. 
 
 3. To tenant and his fam- 
 
 ily, 64-71. 
 
 (a) In general, 
 
 64, 65. 
 
 (b) Injuries to person, 
 
 66-69. 
 
 (c) Injuries to, or con- 
 
 version of, prop- 
 erty, 70, 71. 
 
 4. To tenant's guests and 
 
 servants and persons 
 expressly or impliedly 
 invited on premises, 
 from defects in prem- 
 ises, 72. 
 
 e. Liability of contractor for 
 
 injuries to tenant, 73. 
 /. Proper party to maintain 
 action affecting rights, 
 74-76. 
 
 F. Rent or other compensation; lien, 
 77-93. 
 
 a. In general, 77-87. 
 
 b. Landlord's lien, 88-9O. 
 
 c. Distress, 91-93. 
 
 VI. Recovery of possession; re-entry, 
 94, 95. 
 
 VII. Liability for ejecting tenant, 
 
 96. 
 
 VIII. Sale of leased property, 97. 
 
 I. In general. 
 
 1. Generally. 
 
 Contract for use of leased premises in viola- 
 tion of law, see CONTRACTS, 76. 
 
 Destruction of leased property, see DE- 
 STRUCTION, 3. 
 
 Interference with easements of light, air, 
 and prospect on leased premises, see 
 FASEMENTS, 21. 
 
 Landlord's choice of remedies, see ELECTION 
 OF REMEDIES, 5. 
 
 Begin with this boolt, on every law question. 
 
 LANDLORD AND TENANT, I. cont'd 
 Effect of tenant's acts on landlord's rights 
 
 under insurance policy, see INSURANCE, 
 
 81. 
 
 Authority of agent authorized to lease 
 property to contract for services of 
 other persons. L.R.A. 191 8F, 13. 
 
 Vacancy during change of tenants as viola- 
 tion of vacancy clause in fire policies 
 covering rented premises. L.R.A. 191513, 
 844. 
 
 Possession of land by tenant as notice of 
 title. 13 L.R.A. (N.S.) 96. 
 
 Vesting title to leasehold in lessee's trus- 
 tee in bankruptcy as dependent upon 
 acceptance by trustee. 33 L.R.A. (N.S.) 
 745. 
 
 Relation between the lessor and servants of 
 the lessee. 37 L.R.A. 65. 
 
 Effect of landlord's knowledge that tenant 
 intends to use premises in violation of 
 law. 19 L.R.A. (N.S.) 662; 39 L.R.A. 
 (N.S.) 1104. 
 
 Right of water company to refuse to deal 
 with tenant. 33 L.R.A. (N.S.) 1015. 
 
 Right to shut off water from whole build- 
 ing because of one tenant's delinquency. 
 61 L.R.A. 115; 39 L.R.A. (N.S.) 814. * 
 
 Tenant's possession as adverse within the 
 rule against conveyance of land held 
 adversely. 35 L.R.A. (N.S.) 752. 
 
 Right to preliminary injunction which 
 would have effect of transferring pos- 
 session of property from defendant to 
 plaintiff in suit between landlord and 
 tenant. 39 L.R.A. (N.S.) 35. 
 
 Effect of judgment in ejectment against 
 tenant upon a landlord not a part}-, or 
 vice versa. 26 L.R.A. (N.S.) 595. 
 
 Interpleader between landlord and tenant. 
 10 L.R.A. (N.S.) 751. 
 
 Removal for separable controversy of joint 
 action against. 5 L.R.A. (N.S.) 97. 
 
 //. Creation and existence of relation; 
 attornment. 
 
 2. Generally. 
 
 Effect of stipulation that vendee or mortga- 
 gor shall, on default, become a tenant. 
 49 L.R.A. 435. 
 
 Effect of tax sale to create relation of land- 
 lord and tenant between purchaser and 
 prior lessee. 6 L.R.A. (N.S.) 260. 
 
 Occupation of premises as a servant and 
 as a tenant. 4 L.R.A. (N.S.) 698. 
 
 3. Attornment. 
 
 Effect of subsequent attornment on convey- 
 ance of land held adversely. 35 L.R.A. 
 (N.S.) 740. 
 
 Attornment by lessee, to avoid eviction, to 
 stranger entitled to immediate posses- 
 sion, as defense in an action for rent. 
 18 L.R.A. (N.S.) 396. 
 
 Liability for damages to landlord by in- 
 ducing tenant to attorn to third per- 
 son. L.R.A.1918D, 393. 
 
 ///. Leases. 
 a. In general. 
 
 4. Generally. 
 
 Leases as affected by statute of frauds, see 
 CONTRACTS, 42, 58.
 
 INDEX TO L.E.A. NOTES. 
 
 799 
 
 LANDLORD AND TENANT, III. a cont'd 
 Lease of mines, see MIXES, 30, 32, 35- 
 
 38. 
 Railroad leases, see RAILROADS, 6, 7. 
 
 Applicability of rule excluding parol evi- 
 dence to vary a v.rittcn lease in favor 
 of or against a stranger to the con- 
 tract. L.R.A.1916A, 595, 600. 
 
 Conflict of laws as to. L.R.A.191GA, 1047. 
 
 Antedating lease as affecting priority of 
 landlord's lien. L.R.A.1916F, 450. 
 
 Right of agent to lease in his own behalf 
 property which he was under no duty 
 to lease for his principal. 47 L.BtaL 
 (X.S.) 567. 
 
 Necessity of pleading statute of frauds in 
 action involving lease. 49 L.R.A. 
 (N.S.) 37. 
 
 Agreement to comply with lease as consider- 
 ation for new promise. 34 L.R.A. 36. 
 
 Lease of public buildings for private uses. 
 33 L.R.A. 318. 
 
 Validity of lease made in violation of law. 
 
 12 "L.R.A. (N.s.) 605. 
 
 First and last days in computing time on 
 
 contracts of. 49 L.R.A. 210. 
 Alteration of lease after delivery. 32 
 
 L.R.A.(N.S.) 289; L.R.A.1918B," 490. 
 Presumption as to time of alteration in 
 
 lease. 39 L.R.A. (N.S.) 100. 
 Liability for breach of contract to lease 
 
 building when completed. 35 L.R.A. 
 
 (X.S.) 426. 
 Right of one leasing property to another to 
 
 claim title against the latter's vendees 
 
 or creditors. 25 L.R.A. (N.S.) 779. 
 \Vlien may lease be admitted to probate or 
 
 otherwise be given effect as a will. 41 
 
 L.R.A.(N.S.) 43. 
 Federal courts following state decisions as 
 
 to construction and effect of leases. 40 
 
 L.R.A.(X.S.) 414. 
 
 5. What is a lease. 
 
 Distinction between a lease and a license. 
 18 L.R.A. 491. 
 
 When instrument creating right in minerals 
 in land is to be regarded as a lease as 
 distinguished from a license. 26 L.R.A. 
 (N.S.) 614. 
 
 6. Lease as conveyance. 
 
 Lease of land as conveA-ance. 11 L.R.A. 
 
 (N.S.) 99. 
 Within statute requiring joinder or 
 
 consent of spouse. 39 L.R.A. (N.S.) 
 
 675. 
 Within meaning of recording statutes. 
 
 24 L.R.A. (N.S.) 879. 
 
 7. Nature of leasehold interest. 
 
 Leasehold interest in real estate as partner- 
 ship's property. 27 L.R.A. 483. 
 
 Leasehold estate as subject of levy under 
 execution or attachment. 17 L.R.A. 
 (N.S.) 841; 29 L.R.A. (N.S.) 886. 
 
 Leasehold interest as subject of taxation. 
 35 L.R.A. 297. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LAXDLORD AXD TENANT, III. a cont'd 
 Character of estate created by grant, lease, 
 or devise of property to person so long 
 as he shall desire to live upon it, or 
 devote it to a particular use. 21 
 L.R.A. (N.S.) 575. 
 
 Nature of tenancy created by entry under 
 lease void under statute of frauds. 
 42 L.R.A.(N.S.) 648. 
 
 8. liability to taxation. 
 
 Property leased by public as subject of 
 taxation. 35 L.R.A. (N.S.) 167; 52 
 L.R.A. (N.S.) 991. 
 
 9. Power to make. 
 
 Implied power of cashier of bank to lease 
 property. 31 L.R.A. (N.S.) 737. 
 
 Right of trustee to execute lease to extend 
 beyond termination of trust. 13 L.R.A. 
 (N.S.) 496. 
 
 Prohibitions in grant of public lands as in- 
 cluding lease. 37 L.R.A. (N.S.) 686. 
 
 Infants as lessees. 47 L.R.A.(jSI.S.) 543. 
 
 Power of brewing company to lease prop- 
 erty to be used by retailers of its 
 products. 47 L.R.A. (N.S.) 898. 
 
 Power of courts to authorize lease of trust 
 property for a longer period than was 
 contemplated by the creator of the 
 trust. 48 L.R.A.(N.S.) 1004. 
 
 10. partner. 
 
 Power of partner to make lease of partner- 
 ship real estate. 28 L.R.A. 97. 
 
 Right of surviving partner to lease firm 
 real property. 28 L.R.A. 135. 
 
 11. -municipality. 
 
 Power of municipality to lease ferry. 59 
 L.R.A. 523. 
 
 Right of municipality to lease public build- 
 ing for private purposes. 31 L.R.A. 
 (N.S.) 580. 
 
 Power of municipality to lease space on 
 street or sidewalk for business pur- 
 poses. 25 L.R.A. (N.S.) 400. 
 
 12. board. 
 
 Power of board to make lease extending 
 beyond its own term. 29 L.R.A. (N.S.) 
 655. . 
 
 13. Effect of lease. 
 
 Effect of lease on marketability of title. 
 
 38 L.R.A.(N.S.) 32. 
 Lease of property dedicated for square, 
 
 park, or common as a diversion. 25 
 
 L.R.A. (N.S.) 986. 
 Leasing land as waiver of purchaser's right 
 
 to rescind contract for its purchase. 30 
 
 L.R.A. (N.S.) 878. 
 Effect of second lease before expiration of 
 
 term of prior lease to a third partv. 
 
 41 L.R.A. (X.S.) 3!)f>. 
 
 Effect at law of entry under lease void un- 
 der statute of frauds. 42 L.R.A. 
 (N.S.) 654. 
 
 Damages for breach of warranty by exist- 
 ence of unexpired lease. 35 L.R.A. 
 
 (X.S.) 779.
 
 800 
 
 INDEX TO L.R.A. NOTES. 
 
 LANDLORD AND TENANT, III. a cont'd 
 Relief from mistake of law as to effect of 
 lease. 28 L.R.A. (N.S.) 801, 826. 
 
 14. Construction. 
 
 What constitutes damages ''by the ele- 
 ments" within meaning of lease. 53 
 L.R.A. 673. 
 
 ft. Covenants. 
 1. In general. 
 
 15. Generally. 
 
 Rights and liabilities of transferee of re- 
 version as to, see infra, 97. 
 
 In leasing of prisons and of labor of con- 
 victs therein. 27 L.R.A. 608. 
 
 Landlord's liability for injury to tenants 
 from defects in premises under war- 
 
 rantv 
 805.' 
 
 of condition. 34 L.R.A. (N.S.) 
 
 Reservation of right of re-entry as affecting 
 
 42 
 
 liability on covenant to pay taxes. 
 
 L.R.A. (U.S.) 1088. 
 Right of lessor to maintain an action for 
 
 possession against his covenant not to 
 
 disturb lessee's possession, when the 
 
 covenant is repugnant to the estate 
 
 granted. L.R.A.1915D, 467. 
 Provision in lease as to use of property as 
 condition subsequent or special 
 limitation. 52 L.R.A. (N.S.) 718. 
 Effect of express covenant to pay rent on 
 
 liability of lessee after assignment. 52 
 
 L.R.A.(N.S.) 971. 
 Covenants with respect to "theater," 
 
 "drama," etc., as including motion pic- 
 tures. L.R.A.1918F, 393. 
 
 15a. For purpose of assuring to 
 lessee exclusive right to conduct 
 a certain business on premises 
 owned by lessor. 
 
 Restraint of trade. L.R.A.1915C, 855. 
 Lessor transacting the prohibited business. 
 
 L.R.A.1915C, 855. 
 Covenant in terms assuring the exclusive 
 
 right. L.R.A.1915C, 856. 
 Sale of the reversion. L.R.A.1915C, 857. 
 Illustrations of broken covenants. L.R.A. 
 
 1915C, 858. 
 Breadth of the covenant not to rent or let 
 
 for the prohibited purposes, etc. L.R.A. 
 
 1915C, 859. 
 
 Actions by assignees. L.R.A. 1915C, 860. 
 Persons liable .other than the lessor. L.R.A. 
 
 1915C, 861. 
 Provision against using or leasing other 
 
 property for competing business. L.R.A. 
 
 1918E, '665. 
 
 16. To leave in good condition. 
 
 Tenant's obligation under express covenant 
 to leave premises in good condition. 
 64 L.R.A. 652. 
 
 Liability of tenant for negligent destruc- 
 tion of premises as affected by excep- 
 tion in covenant for return of premises 
 in good condition. L.R.A.1918A, 369. 
 
 19. Against assignment or sale. 
 
 17. As to repairs and improvements. What amounts to violation of. 14 L.R.A. 
 
 Measure of damages for tenant's breach of (N.S.) 1200. 
 
 covenant to repair, in action brought j Effect of covenant against assignment witli- 
 after expiration of term. 16 L.R.A. ' out consent on assignee's right to 
 (N.S.) 210. assign. 2 B. R. C. 806. 
 
 Begin with this Look on every law question. 
 
 LANDLORD AND TENANT, ILL b, 1 
 
 cont'd 
 Right of transferee of reversion to enforce 
 
 lessee's covenant as to. L.R.A. 1915C, 
 
 220. 
 
 17a. by landlord. 
 
 Liability for injury to tenant's property 
 through breach of, see infra, 71. 
 
 Liability of transferee of reversion on cove- 
 nants in lease. L.R.A.1915C, 220, 226. 
 
 Construction of landlord's covenant to re- 
 pair. 34 L.R.A. 826. 
 
 Lessor's covenant to repair as obligating 
 him to rebuild. 3 B. R. C. 352. 
 
 Covenant of lessor to pay for repairs or 
 improvements as one running with the 
 land. 4 L.R.A. (N.S.) 466. 
 
 Landlord's liability to third person for nui- 
 sance where tenant covenants to repair. 
 26 L.R.A. 198. 
 
 Liability of landlord who had contracted 
 to keep in repair the leased premises 
 for personal injuries to guest or in- 
 vitee of tenant, L.R.A.1916F, 1106. 
 
 Liability under express agreement to repair 
 for injury to tenants from defects in 
 premises.' L.R.A.1916D, 1227; L.R.A. 
 1918E, 219. 
 
 Landlord's breach of covenant to repair or 
 make improvements as defense to ac- 
 tion for rent, or justification for 
 abandonment. 34 L.R.A.(N.S.) 977, 
 984; L.R.A.1915C, 649. 
 
 Is destruction by decay rendering premises 
 untenantable, within landlord's cove- 
 nant to repair, or statute relieving ten- 
 ant from rent, in case of destruction by 
 act of God or elements. 21 L.R.A. 
 (N.S.) 130. 
 
 18. To pay for improvements made 
 by tenant. 
 
 Lessor's covenant to pay for improvements 
 as one running with the land. 4 L.R.A. 
 (N.S.) 466. 
 
 Right of tenant to compensation for im- 
 provements under covenant by landlord 
 to pay at expiration of term, where the 
 lease 'is forfeited for default of tenant. 
 24 L.R.A.(N.S.) 1082. 
 
 Right of tenant to recover for improvements 
 under a landlord's covenant to pay at 
 expiration of term, where the tenancy 
 is terminated by voluntary act of the 
 parties or event not within control of 
 either. 24 L.R.A. (N.S.) 1090. 
 
 18a. As to payment of taxes or as- 
 sessments. 
 
 Construction and effect of covenants in 
 lease, sublease, or assignment of 
 lease as to payment of taxes and 
 assessments. L.R.A. 1915A, 334. 
 Covenant as to payment of taxes and assess- 
 ments as one running with the land. 
 L.R.A.1915C, 221.
 
 INDEX TO L.R.A. NOTES. 
 
 801 
 
 LANDLORD AND TENANT, III. b, 1 
 
 cont'd 
 20. Against encumbrances. 
 
 Effect of purchaser's knowledge of lease in 
 action for breach of covenant against 
 encumbrances. 4 L.R.A.(N.S.) 313. 
 
 Covenant to renew lease as one running 
 with the land. L.R.A.1915C, 219. 
 
 20a. For renewal. 
 
 Does general provision that renewal shall 
 contain all the covenants of original 
 kase include covenant for renewal. 14 
 L.R.A. (N.S.) 829. 
 
 Validity and effect of stipulation to renew 
 on terms to be agreed upon. 32 L.R.A. 
 (N.S.) 201. 
 
 Right of assignee of portion of leased prem- 
 ises to enforce covenant for renewal. 
 2 B. R. C. 830. 
 
 Covenant to renew lease as affected by con- 
 veyance of property. 41 L.R.A. (N.S.) 
 387. 
 
 2. Implied covenants. 
 
 21. Generally. 
 
 Leases as within statute declaring that 
 there shall be no implied covenants in 
 conveyances of real property. 44 L.R.A. 
 (N.S.) 1110. 
 
 Effect of implied covenant to pay rent on 
 liability of lessor after assignment of 
 lease. 52 L.R.A. (N.S.) 970. 
 
 Implied obligation of tenant to leave prem- 
 ises in good condition. 64 L.R.A. 649. 
 
 As to landlord keeping premises safe. 34 
 L.R.A. 825. 
 
 Liability of landlord under implied cove- 
 nant for quiet enjoyment for damages 
 to tenants in consequence of acts of 
 third persons affecting the leased prem- 
 ises. 42 L.R.A. (N.S.) 775. 
 
 22. As to fitness of premises for pur- 
 poses intended. 
 
 Premises other than furnished houses or 
 
 apartments. 33 L.R.A. 449. 
 Furnished houses or apartments. 33 L.R.A. 
 
 455. 
 
 c. Terms; renewal; holding over. 
 
 23. Terms. 
 
 Effect of covenant for lease, the term of 
 which is not specified. 5 B. R. C. 867. 
 
 Character of tenancy created by a letting 
 until the happening of a specified event. 
 34 L.R.A. (N.S.) 1069. 
 
 Effect of provision that term of lease shall 
 commence in futuro. 15 L.R.A. (N.S.) 
 1078. 
 
 Duration of tenancy as affecting rights of 
 tenants where property is taken by emi- 
 nent domain. 21 L.R.A. 222. 
 
 24. where tenant holds over. 
 
 Does each holding over by a tenant after 
 expiration of a term for years con- 
 stitute a new and separate term, 
 distinct from that which preceded 
 or followed. 25 L.R.A. (N.S.) 847. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LANDLORD AND TENANT, III. c cont'd 
 Rent period as the criterion of the term 
 implied by holding over after the 
 expiration of a lease for a fixed 
 term. 25 L.R.A. (N.S.) 855. 
 
 25. Renewal. 
 
 Covenant for, see supra, 20a. 
 
 Right of assignor of lease as against the 
 assignee to the renewal of the lease 
 upon the expiration of the term. 
 L.R.A. 191 SC, 1051. 
 
 Renewal of lease to partnership. 27 L.R.A. 
 483. 
 
 Power of partner to renew lease of partner- 
 ship real estate. 28 L.R.A. 97. 
 
 Right of partner to take renewal of lease 
 in his own name and exclude copartner. 
 32 L.R.A. (N.S.) 869. 
 
 Effect of renewing tenancy without reserv- 
 ing right to remove fixtures. 1 L.R.A. 
 " (N.S.) 1192; 17 L.R.A.(N.S.) 1135; 48 
 L.R.A. (N.S.) 294. 
 
 Holding over after expiration of lease with 
 option for renewal without formally 
 exercising option. 29 L.R.A. (N.S.) 
 175; L.R.A.1916E, 1232. 
 
 Equitable relief against forfeiture of estate 
 for nonrenewal of lease. 69 L.R.A. 
 846. 
 
 Renewal of lease under option as extending 
 performance of the contract. 41 L.R.A. 
 (N.S.) 423-425. 
 
 Necessity of executing new lease upon exer- 
 cising option for additional term. 
 L.R.A.1916E, 1237. 
 
 26. Holding over. 
 
 Term created by holding over, see supra, 
 24. 
 
 Presumption as to adverse possession by 
 
 tenant holding over. 53 L.R.A. 949. 
 Duty of tenant holding over to leave prem- 
 ises in good condition. 64 L.R.A. 661. 
 Compensation in case of holding over under 
 lease invalid under statute of frauds. 
 25 L.R.A. 802. 
 
 Liability of cotenant holding over to ac- 
 count for use and occupation or rents 
 and profits. 29 L.R.A. (N.S.) 228; 
 L.R.A.1918B, 607. 
 
 Holding over after expiration of lease, with 
 option for extension or renewal, 
 without formally exercising op- 
 tion. 29 L.R.A.(N.S.) 174; L.R.A. 
 1916E, 1232. 
 
 Effect of holding over pending unsuccessful 
 negotiations for a new lease. 40 L.R.A. 
 (N.S.) 498. 
 
 Holding over after original term by one who 
 has attained majority to ratify lease 
 made when under age. 47 L.R.A. 
 (N.S.) 548. 
 
 Effect of holding over after notice of in- 
 tention to quit. L.R.A.1915A, 235. 
 Tenant holding part only of premises after 
 expiration of term. L.R.A.1918C, 120. 
 51
 
 802 
 
 INDEX TO L.R.A. NOTES. 
 
 LANDLORD AND TENANT, III. cont'd 
 d. Termination; forfeiture. 
 
 27. Generally. 
 
 Disaffirmance of lease by infant, see IN- 
 FANTS, 21. 
 
 Covenant in lease as to right to terminate 
 tenancy as one running with the land. 
 L.R.A.1915C, 221, 226. 
 
 Construction of provision in lease as to 
 termination of leasehold in case of sale 
 of premises. L.R.A.1915C, 234. 
 
 First and last days in computing time. 49 
 L.R.A. 210. 
 
 Effect of transfer of reversion to terminate 
 lease. L.R.A.1915C, 190. 
 
 Effect upon lease of dissolution of lessee 
 corporation. 3 B. R. C. 627. 
 
 Effect of death of lessor or lessee. 23 
 L.R.A. 707; 45 L.R.A.(N.S.) 350. 
 
 Effect of provision allowing lessor to termi- 
 nate tenancy if he desires to build. 47 
 L.R.A.(N.S.) 949. 
 
 Termination of estate of uncertain dura- 
 tion as affecting right of sublessee to 
 remove trade fixtures. 46 L.R.A.(N.S-) 
 947. 
 
 Tenant's right to recover for improvements 
 under landlord's covenant to pay at ex- 
 piration of term, where tenancy is ter- 
 minated by voluntary act of parties or 
 event not within control of either. 24 
 L.R.A.(N.S.) 1090. 
 
 28. Abandonment of premises. 
 
 Remedy of landlord upon abandonment of 
 premises by tenant. 13 L.R.A. (N.S.) 
 398. 
 
 Landlord's liability for injury to tenants 
 from defects in premises where former 
 abandons work or repairs before com- 
 pleting same. 34 L.R.A. (N.S.) 806. 
 
 Landlord's breach of covenant to repair or 
 make improvements as justification of 
 abandonment of premises. 34 L.R.A. 
 (N.S.) 984; L.R.A.1915C, 649. 
 
 Right of tenant who has abandoned or va- 
 cated premises to increased rent on re- 
 leasing by landlord. L.R.A.1917D, 612. 
 
 29. Surrender. 
 
 Effect of surrender of original lease on 
 rights of sublessee. 7 L.R.A. (N.S.) 
 221. 
 
 Effect on liability of tenant's surety of sur- 
 render of lease containing an option to 
 purchase. 9 L.R.A. (N.S.) 557. 
 
 Abatement of rent by surrender of premises 
 after destruction of leased building. 
 22 L.R.A. 615. 
 
 30. acceptance. 
 
 Caring for and making repairs to premises 
 by landlord as acceptance of ten- 
 ant's surrender. 35 L.R.A. (N.S.) 
 1132. 
 
 Power of agent for renting or collecting 
 rents to accept surrender of lease. 37 
 L.R.A. (N.S.) 93. 
 
 LANDLORD AND TENANT, III. d confd 
 31. Reletting. 
 
 Reletting of premises by landlord on aban- 
 donment by tenant. 13 L.R.A. (N.S.) 
 398. 
 
 Right of tenant who has abandoned prem- 
 ises to increased rent on reletthiT bv 
 landlord. L.R.A.1917D, 612. 
 
 Liability of landlord to third person for 
 nuisance in case of reletting. 26 L.R.A 
 198. 
 
 32. Eviction. 
 
 Effect of eviction on liability for rent, see 
 infra, 83. 
 
 Loss of profits as element of damages for. 
 53 L.R.A. 102. 
 
 Measure of damages for forcing cropper 
 from promises. 38 L.R.A. (N.S.) 714. 
 
 Right of landlord to render tenement unin- 
 habitable under provision of lease re- 
 serving right of re-entry for condition 
 broken. 17 L.R.A. (N.S.) 672. 
 
 Effect of tenant's holding over after ex- 
 piration of term for years on right to 
 evict. 25 L.R.A. (N.S.) 851. 
 
 Attornment by lessee to avoid eviction, to 
 stranger entitled to immediate posses- 
 sion, as defense to action for rent. 18 
 L.R.A. (N.S.) 396. 
 
 33. what constitutes. 
 
 Vacating premises as condition of construc- 
 tive eviction. L.R.A.1918D, 1177. 
 
 Constructive eviction by character or mis- 
 conduct of other tenants. L.R.A. 1918D. 
 396. 
 
 Eviction by interference with sublessee. 
 L.R.A.1918C, 61. 
 
 Failure to furnish heat. 37 L.R.A. (N.S. ) 
 1217; L.R.A.1916E, 742. 
 
 Discontinuance of or interference with ele- 
 vator service. 21 L.R.A.(N.S.) 38. 
 
 Closing or opening windows or other aper- 
 tures in party wall ais an eviction. 49 
 L.R.A.(N.S.f 369. 
 
 Admitting inconsistent business into build- 
 ing. 5 L.R.A.(N.S.) 855. 
 
 Discrimination by landlord as to persons 
 who shall use premises, as an eviction. 
 27 L.R.A. (N.S.) 037. 
 
 By enforcement by public officials of re- 
 strictions on the ii&e of the premises. 2 
 L.R.A. (N.S.) 973. 
 
 Effect upon lease of property for saloon, of 
 passage of prohibitory laws during the 
 term. 19 L.R.A. (N.S.) 964; 23 L.R.A. 
 (N.S.) 497; 34 L.R.A. (N.S.) 773; 
 L.R.A.1917C, 935. 
 
 34. Forfeiture. 
 
 Forfeiture of oil and gas lease, see MINES, 
 38. 
 
 Equitable relief against forfeiture for non- 
 payment of rent. 69 L.R.A. 844. 
 
 Equitable relief against forfeiture of estate 
 for nonrenewal of lease. 69 L.R.A. 
 846. 
 
 Begin ^vith this ftoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 803 
 
 LANDLORD AND TENANT, III. d cont'd 
 
 Tenant's right to compensation for improve- 
 ments under covenant by landlord to 
 pay at expiration of term, where the 
 lease is forfeited for default of ten- 
 ant. 24 L.R.A.(N.S.) 1082. 
 
 Forfeiture for breach of covenant to pay 
 taxes and assessments. L.R.A.1915A, 
 358. 
 
 Right of lessor as against receiver or as- 
 signee for creditors of lessee, to de- 
 clare forfeiture for breach of conditions 
 or covenants prior to appointment. 
 L.B.A.1915B, 998. 
 
 35. waiver of. 
 
 Of forfeiture of oil and gas lease. 31 
 L.R.A. 673. 
 
 Delay of landlord in enforcing forfeiture as 
 waiver of breach. 24 L.R.A. (N.S.) 
 1063. 
 
 Acceptance of rent accruing after cause for 
 forfeiture, with knowledge of such 
 cause, as waiver of forfeiture. 11 
 L.R.A. (N.S.) 831. 
 
 Of right of lessor as against receiver or as- 
 signee for creditors of lessee to declare 
 forfeiture for breach of conditions or 
 covenants prior to appointment. L.R.A. 
 1915B, 1000. 
 
 e. Assignment and transfer; subletting. 
 
 36. Assignment and transfer. 
 
 What amounts to a violation of covenant 
 against, see supra, 19. 
 
 Liability for rent after assignment, see in- 
 fra, 80. 
 
 Effect of assignment of oil and gas lease, 
 see MINES, 37. 
 
 Assignment of lease. 15 L.R.A. 754. 
 
 Duty of assignee of lessee to leave prem- 
 ises in good condition. 64 L.R.A. 662. 
 
 Assignment to cotenant as breach of cove- 
 nant not to assign without license. 2 
 B. R. C. 816. 
 
 Effect of performance to take parol assign- 
 ment of lease out of statute of frauds. 
 42 L.R.A. (N.S.) 162. 
 
 Reservation of right of re-entry as affecting 
 character of instrument as assignment 
 or sublease. 42 L.R.A. (N.S.) 1084. 
 
 Effect of the destruction of premises after 
 execution of an assignment of a lease- 
 hold, but before possession of premises 
 is given thereunder. 25 L.R.A. (N.S.) 
 609. 
 
 Construction and effect of covenants in as- 
 signment of lease as to payment of 
 taxes and assessments. L.R.A.1915A, 
 334. 
 
 Right of assignee to sue on covenant in 
 lease the purpose of which is to as- 
 sure lessee an exclusive right to con- 
 duct a certain business on premises 
 owned by lessor. L.R.A.1915C, 860. 
 
 Right of assignor of lease as against the 
 assignee to the renewal of the lease 
 upon the expiration of the term 
 L.R.A1918C, 1051. 
 
 Consult also L.R.A, Digests of Cases. 
 
 LANDLORD AND TENANT, III. e, cont'd 
 
 Enforcement of landlord's consent to assign- 
 ment of lease. 25 L.R.A. (N.S.) 1173. 
 
 Right of assignee of portion of leased prem- 
 ises to enforce covenant for renewal. 2 
 B. R. C. 830. 
 
 Assignment to cotenant as breach of cove- 
 nant not to assign without license. 2 
 B. R. C. 816. 
 
 Waiver of condidtion in lease against as- 
 signment as waiver of condition as to 
 business to be carried on. 24 L.R.A. 
 (N.S.) 1067. 
 
 Waiver of provision for consent to assign- 
 ment of lease. 36 L.R.A.(N.S.) 
 488. 
 
 37. assignee's right to assign. 
 
 Effect of proviso in lease against assign- 
 ment without consent upon right of 
 assignee to assign. 2 B. R. C. 803. 
 
 38. Sublease. 
 
 Liability for rent after sublease, see infra, 
 80. 
 
 Tenant's right to sublet premises. 4 L.R.A. 
 (N.S.) 707. 
 
 Right of tenant to lease wall of building 
 for advertising purposes. 13 L.R.A. 
 (N.S.) 587. 
 
 Enforcement of landlord's consent to sublet. 
 25 L.R.A.(N.S.) 1173. 
 
 Effect of surrender of original lease on 
 rights of sublessee. 7 L.R.A. (N.S.) 
 221. 
 
 Estoppel of subtenant to question original 
 landlord's title. 7 L.R.A. ("N.S.) 930. 
 
 Reservation of right of re-entry as affect- 
 ing character of instrument as assign- 
 ment or sublease. 42 L.R.A. (N.S.) 
 1084. 
 
 Landlord's liability for injury to servants 
 by condition of premises in case of a 
 sub-lease. 46 L.R.A. 93. 
 
 Termination of estate of uncertain dura- 
 tion as affecting right of sublessee to 
 remove trade fixtures. 46 L.R.A. (N.S.) 
 947. 
 
 Construction and effect of covenants in sub- 
 lease as to payment of taxes and as- 
 sessments. L.R.A.1915A, 334. 
 
 Eviction by interference with sublessee. 
 L.R.A.1918C, 61. 
 
 IV. Rights, duties, and liabilities of 
 parties. 
 
 a. In general. 
 
 39. Generally. 
 
 Relative rights of landlord and tenant as to 
 improvements, fixtures, and property 
 on leased premises, see infra, 48- 
 54. 
 
 Measure of damages to leasehold from 
 change of grade. L.R.A.1917C, 428. 
 
 Liability for damages to landlord by inter- 
 fering with tenant. L.R.A.1918D, 393. 
 
 Loss of profits as elements of damages for 
 breach of contract. 53 L.R.A. 97.
 
 804 
 
 INDEX TO L.R.A. NOTES. 
 
 LANDLORD AND TENANT, IV. a cont'd 
 
 Duty of party to lease to minimize damages 
 due to a breach of contract by other 
 party thereto. L.R.A.1918C, 910. 
 
 Interference by owner of soil with removal 
 of minerals or timber during term fixed 
 by lease or sale, as extending time for 
 removal. 34 L.R.A.(N.S.) 120. 
 
 Taxation of land under perpetual lease or 
 ground rent. 46 L.R.A.(N.S.) 284. 
 
 Effect upon character of sum agreed upon 
 for breach of agreement as penalty or 
 liquidated damages of single or mul- 
 tiple stipulations in contract. L.R.A. 
 1915E, 380, 392. 
 
 Consideration for secondary agreement be- 
 tween landlord and tenant abrogating 
 or altering prior contract. L.R.A. 
 1915B, 62. 
 
 Sale or mortgage of crops by landlord. 
 L.R.A.1917C, 33. 
 
 40. Mechanics' lien for improve- 
 ments. 
 
 Mechanics' liens on buildings erected by 
 lessees upon lessor's land. 62 L.R.A. 
 375. 
 
 Power of lessee to subject owner's interest 
 to mechanics' lien. 23 L.R.A. (N.S.) 
 601; L.R.A.1917D, 577. 
 
 Mechanics' lien on landlord's interest for 
 labor and materials furnished tenant 
 for building or improvement removable 
 by tenant. 6 L.R.A. (N.S.) 485. 
 
 Agreement between landlord and tenant for 
 removal of fixtures by latter as affect- 
 ing mechanics' lien. L.R.A.1915E. 826. 
 
 41. Tax on improvements. 
 
 To whom improvements removable by ten- 
 ant at expiration of term are taxable. 
 37 L.R.A. (N.S.) 1166. 
 
 Who is responsible for taxes on improve- 
 ments removable by tenant at end of 
 term. 32 L.R.A. (N.S.) 368. 
 
 ~b. Rights of tenant. 
 
 1. In general. 
 
 
 
 42. Generally. 
 
 Abandonment of premises by, see supra, 
 28. 
 
 Rights of tenant as against transferee of 
 reversion, see infra, 97. 
 
 In eminent domain proceedings, see EMI- 
 NENT DOMAIN, 37. 
 
 Right of lessee to dedicate property. 31 
 L.R.A.(N.S.) 1024. 
 
 Insurable interest of tenant in leased prop- 
 erty. 42 L.R.A. (N.S.) 135. 
 
 Insurance against loss of profits by lessee. 
 L.R.A.1917C, 727. 
 
 Rights of one in possession under an agree- 
 ment for a lease which is not execut- 
 ed. 20 L.R.A. 33. 
 
 Lessee's right to wharfage charges under 
 lease. 70 L.R.A. 206. 
 
 Right of tenants to use walls for advertis- 
 ing purposes. 39 L.R.A. (N.S.) 350: 
 L.R.A.1915B, 1057. 
 
 LANDLORD AND TENANT, IV. b, 1^ 
 cont'd 
 
 Rights of tenants under the Torrens Law. 
 L.R.A.1916D, 60. 
 
 Right of lessee to sign petition for public 
 improvements. 44 L.R.A. (N.S.) 690. 
 
 Right of tenant to notice to redeem 'from 
 tax sale. 44 L.R.A. (N.S.) 675. 
 
 Right of tenants to enforce provision as to 
 crossing in deed from lessor to railroad 
 of right of way. 48 L.R.A. (N.S.) 387. 
 
 Right of a tenant for years to recover from 
 a municipality for change of grade in 
 street. 48 L.R.A. (N.S.) 899. 
 
 May a tenant of one close acquire an ease- 
 ment in an adjoining close of his land- 
 lord against the latter or another of 
 his tenants. 4 B. R. C. 998. 
 
 43. Tenant's easements of light and 
 air. 
 
 Tenant's easement of light and air. 22 
 L.R.A. 540; 23 L.R.A. 158. 
 
 Does lease carry right to light and air on 
 adjoining premises of landlord. 13 
 L.R.A. (N.S.) 333; L.R.A.1918B, 475. 
 
 44. Acquisition of title by tenant. 
 
 Adverse possession by tenant, see ADVERSE 
 
 POSSESSION, 6. 
 Estoppel of tenant to dispute landlord's 
 
 title, see ESTOPPEL, 36. 
 
 Right of tenant to acquire title not incon- 
 sistent with landlord's title at 
 commencement of tenancy. 53 
 L.R.A. 934. 
 
 Right of tenant to acquire tax title. L.R.A. 
 1916F, 206. 
 
 45. Tenant's right to possession. 
 
 Adverse possession by tenant, see ADVERSE 
 POSSESSION, 6. 
 
 Right of personal representative of lessee to 
 possession of leased premises under a 
 lease to commence in futuro. 22 L.R.A. 
 (N.S.) 301. 
 
 Implied duty of lessor to put lessee in pos- 
 session of leased premises. 9 L.R.A. 
 (N.S.) 1127; 21 L.R.A. (N.S.) 239. 
 
 Lessee's remedy to secure possession. L.R.A. 
 1918A, 54. 
 
 Acceptance of premises by lessee after con- 
 tract time as waiver of damages for 
 failure of lessor to put him in posses- 
 sion. 9 L.R.A.(N.S.) 1131. 
 
 Right to possession of rooms on destruction 
 of leased building. 22 L.R.A. 613. 
 
 Tenant's right to building constructed in 
 place of leased building which has been 
 destroyed. 22 L.R.A. 613. 
 
 46. lessee of life tenant. 
 
 Right of lessee of life tenant to possession 
 
 and emblements upon death 
 lessor. 11 L.R.A. (N.S.) 688. 
 
 of his 
 
 Begin ivith this ftoofc on every law question. 
 
 47. Rights as to entrances. 
 
 Right of tenant to have entrances kept 
 open. 4 L.R.A. (N.S.) 565; 30 L.R.A. 
 (N.S.) 926.
 
 INDEX TO L.R.A. NOTES. 
 
 805 
 
 LANDLORD AND TENANT, IV. b cont'd 
 
 2. As to fixtures, property, and im- 
 provements on premises. 
 
 48. Generally. 
 
 Covenants by landlord as to improvements, 
 see supra, 17a. 
 
 Covenant to pay for improvements made by 
 tenant, see supra, 18. 
 
 Mechanics' lien for improvements, see su- 
 pra, 40. 
 
 Tax on improvements, see supra, 41. 
 
 What are fixtures as between landlord and 
 tenant, see FIXTURES, 3. 
 
 Privity of estate between landlord and ten- 
 ant in party wall. 66 L.R.A. 683. 
 
 Effect of making improvements under oral 
 lease void under statute of frauds.. 3 
 L.R.A.(N.S.) 852. 
 
 Right of tenant to remove improvements as 
 affecting lien on the property improved. 
 41 L.R.A.(N.S.) 298. 
 
 Rights and remedies of landlord and owner 
 of timber after expiration of time stip- 
 ulated for removal of same. 29 L.R.A. 
 (N.S.) 547. 
 
 Scope of provision that lessee shall leave 
 alterations, improvements, addi- 
 tions, etc., on the premises. 42 
 L.R.A.(N.S.) 546; L.R.A.1915A, 
 654. 
 
 Agreement in lease for determination of 
 value of improvements by arbitration. 
 47 L.R.A. (N.S.) 387. 
 
 Right of landlord to compensation for im- 
 provements made by tenant who subse- 
 quently condemns the land. L.R.A. 
 1916F, 991. 
 
 Mortgage on buildings upon leased prem- 
 ises. 21 L.R.A. 347. 
 
 49. Fixtures generally. 
 
 What are fixtures, see FIXTURES, 3. 
 
 Tenant's rights as to removal of fixtures. 
 
 64 L.R.A. 662. 
 
 Nonpayment of rent as affecting right to 
 remove trade fixtures. L.R.A.1918A, 
 835. 
 
 Tenant'* duty as to fixtures under express 
 covenants as to leaving premises in 
 good condition. 64 L.R.A. 662. 
 Right of tenant to compensation for fix- 
 tures in building taken under eminent 
 domain proceedings. L.R.A.1915D, 494. 
 Agreement between landlord and tenant for 
 removal of fixtures by latter as af- 
 fecting third persons. L.R.A. 
 1915E, 822. 
 
 Third person claiming a mechanics' lien. 
 45 L.R.A.(N.S.) 100; L.R.A.1915E, 
 826. 
 
 Termination of estate of uncertain duration 
 as affecting right of sublessee to remove 
 trade fixtures. 46 L.R.A. (N.S.) 947. 
 Consult also L.R.A. Digests of Cases. 
 
 LANDLORD AND TENANT, IV. b, 2 
 cont'd 
 
 Is the right, as between landlord and ten- 
 ant, to remove trade fixtures, condi- 
 tional upon their susceptibility to re- 
 moval without injury to themselves. 
 18 L.R.A.(N.S.) 423. 
 
 Right of tenant to remove electric chande- 
 liers, etc. 3 L.R.A.(N.S.) 69. 
 
 50. effect of renewing tenancy 
 without reserving right to remove. 
 
 In general. 1 L.R.A.(N.S.) 1192; 17 
 L.R.A.(N.S.) 1135; 48 L.R.A.(N.S.) 
 294. 
 
 New lease as implied surrender of rights 
 under old tenancy. 1 L.R.A. 
 (N.S.) 1193. 
 
 Effect of special covenants in new lease. 
 1 L.R.A.(N.S.) 1199. 
 
 Construction of leases and agreements, in- 
 tention of parties. 1 L.R.A. (N.S.) 
 1200. 
 
 Renewal or extension of old term. 1 
 L.R.A.(N.S.) 1202. 
 
 51. Manure and straw. 
 
 Rights of landlord and tenant in respect to 
 manure on leased premises. 31 L.R.A. 
 698. 
 
 Right of tenant to remove straw or ma- 
 nure. 18 L.R.A.(N.S.) 572. 
 
 52. Crops. 
 
 Right of tenant to maintain replevin for 
 crops. L.R.A.1917C, 1114. 
 
 Rights of mortgagor's lessee to crops as 
 against purchaser of land on foreclo- 
 sure. L.R.A.1917C, 45. 
 
 Sale or mortgage of crops by tenant. 23 
 L.R.A. 468; L.R.A.1917C, 33. 
 
 Levy on interests of, in crops. 23 L.R.A. 
 260. 
 
 Time allowed tenant for removal of crop. 
 35 L.R.A.(N,S.) 707. 
 
 Right of tenant at will to crops. 41 L.R.A. 
 (N.S.) 404. 
 
 Right of tenant who maintains his posses- 
 sion by means of wrongful injunction 
 to crops grown on the leasehold. 12 
 L.R.A.(N.S.) 194. 
 
 Tenant's abandonment of crop as affecting 
 rights and interests therein. 46 L.R.A. 
 (N.S.) 55. 
 
 53. Accretions. 
 
 Leaseholder's right to accretions to shore 
 lands. 58 L.R.A. 210. 
 
 54. Right of tenant to cut wood for 
 fires or fences., 
 
 To what extent timber may be taken. 68 
 
 L.R.A. 641. 
 
 Place of use. 68 L.R.A. 645. 
 Persons who may use wood. 68 L.R.A. 647. 
 Kind of timber. 68 L.R.A. 648. 
 Common of estovers. 68 L.R.A. 649. 
 Injunction to prevent cutting of timber by 
 tenant. 43 L.R.A. (N.S.) 267.
 
 806 
 
 INDEX TO L.R.A. NOTES. 
 
 LANDLROD AND TENANT, IV. cont'd i LANDLORD AND TENANT, IV. d, 1 
 
 c. Duty and liability of tenant. 
 
 55. Generally. 
 
 Tenant's liability as to rent, see infra, V. 
 Imputing tenant's negligence to landlord, 
 see NEGLIGENCE, 49. 
 
 Liability of one in possession under agree- 
 ment for lease which is not executed. 
 20 L.R.A. 33. 
 
 Liability of lessee for safety of wharf or 
 dock. 61 L.R.A. 953. 
 
 Lessee's liability for removal of lateral 
 support to subjacent land. 68 L.R.A. 
 695. 
 
 Right of landlord held liable for tort to 
 contribution or indemnity from lessee 
 responsible for its commission or vice 
 versa. 40 L.R.A. (N.S.) 1148. 
 
 Duty of tenant to protect crops from back- 
 water. 49 L.R.A. (N.S.) 760. 
 
 Joint liability of landlord and tenant for 
 nuisance maintained on property. 46 
 L.R.A. (N.S.) 1189. 
 
 Parts of building used in common by all 
 tenants as part of works and ways of 
 particular tenant within employers' lia- 
 bility act. 44 L.R.A. (N.S.) 1123. 
 
 Duty of tenant to repair premises used in 
 common. L.R.A.1917C, 389. 
 
 Arson by tenant. L.R.A.1918E, 484. 
 
 56. Waste by tenant. 
 
 Infecting premises with contagious disease 
 as waste. 30 L.R.A.(N.S.) 474. 
 
 57. Tenant's duty to leave premises 
 in good condition. 
 
 The implied obligation. 64 L.R.A. 649. 
 
 The obligation under express covenants. 
 64 L.R.A. 652. 
 
 Liability of tenant for negligent destruction 
 of premises as affected by exception in 
 covenant for return of premises in good 
 condition. L.R.A.1918A, 369. 
 
 Liability to rebuild on destruction of 
 leased building. 22 L.R.A. 615. 
 
 d. Duty and liability of landlord or his 
 agent. 
 
 1. In general. 
 
 58. Generally. 
 
 Effect of transfer of reversion on, see in- 
 fra, 97. 
 
 Imputing landlord's negligence to tenant, 
 see NEGLIGENCE, 49. 
 
 Validity of statute or ordinance making 
 property or property owner liable for 
 water or light 'furnished tenant. 6 
 L.R.A.(N.S.) 198; L.R.A.1918D, 364. 
 
 Liability of agent of leased premises for in- 
 juries due to defects therein. L.R.A. 
 191 7C, 83. 
 
 Effect of making repairs to impose on land- 
 lord implied duty to keep the leased 
 premises in repair. L.R.A.1917F, 
 
 58a. Criminal liability. 
 
 Criminal responsibility of lessor of disor- 
 derly house. 44 L.R.A.(N.S.) 859. 
 
 Is landlord's negligence in relation to 
 premises imputable to tenant, or vice 
 versa, so as to prevent a recovery from 
 a negligent third person. 19 L.R.A. 
 (N.S.) 498. 
 
 2. To third persons generally. 
 
 59. Generally. 
 
 Liability for injury to person in street, 
 see" HIGHWAYS, 85, 86. 
 
 Utilization of party wall by lessee as af- 
 fecting lessor's duty to contribute to 
 cost thereof. L.R.A.1917B, 960. 
 
 Landlord's interference with business rela- 
 tions between tenant and third persons. 
 L.R.A.1916B, 815. 
 
 Liability of agent of leased premises for 
 injuries due to defects. L.R.A.1917C, 
 83. 
 
 Liability of landlord furnishing premises 
 with power, for injury resulting there- 
 from. 6 B. R. C. 961. 
 
 Liability of lessor for injuries to licensee 
 or trespasser. L.R.A.1916F, 1132. 
 
 Liability of landlord to servants of third 
 person visiting premises on business. 
 46 L.R.A. 93. 
 
 Rights of one who has been prohibited from 
 entering a passenger elevator but who 
 does so for purpose of doing business 
 with tenant. 14 L.R.A.(N.S.) 350. 
 
 59a. Where property is leased for 
 public purpose. 
 
 Injury to employee, patron, or customer of 
 lessee, see infra, IV. d, 4. 
 
 Liability of lessor of property to be used 
 for a public purpose, for personal 
 injuries to third persons. L.R.A. 
 1915B, 364. 
 
 Where the defect was in a portion of 
 the premises intended only for pri- 
 vate use. L.R.A.1915B, 387. 
 
 60. For condition of premises in pos- 
 session of tenant. 
 
 Property leased for a public purpose, see 
 supra, 59a. . 
 
 Liability to tenants' guests, servants, etc., 
 see infra, IV. d, 4. 
 
 Liability of landlord to third person not 
 in privity with tenant for condi- 
 tion of premises in possession of 
 tenant. 50 L.R.A. (N.S.) 286. 
 Liability of landlord for injuries to third 
 persons caused by coal holes, areaways, 
 or other excavations under or near 
 sidewalk. 50 L.R.A. (N.S.) 305. 
 Liability of landlord to third persons for 
 snow and ice or obstructions upon 
 the sidewalk. 50 L.R.A. (N.S.) 
 300. 
 
 Begin ivith this ftooTc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 807 
 
 LANDLORD AND TENANT, IV. d, 2 
 cont'd 
 
 Liability of landlord to third persons for 
 injuries or damages by things falling 
 because of condition of leased premises. 
 50 L.R.A. (N.S.) 312. 
 
 Liability for safety of wharf or dock as be- 
 tween owner and lessee. 61 L.R.A. 
 952. 
 
 61. For acts of tenant or his serv- 
 ants. 
 
 Liability of ferryman for acts of lessee, 
 etc.' 68 L.R.A. 160. 
 
 Liability of lessor of railroad for injuries 
 caused by negligence of lessee compa- 
 ny. 44 L.R.A. 737; L.R.A.1918E, 255. 
 
 Responsibility of grantee of public fran- 
 chises for acts of servant of lessee in 
 possession under authorized contract. 
 37 L.R.A. 83. 
 
 Knowledge necessary to charge owner with 
 conduct of tenants or others in selling 
 intoxicating liquor on premises in vio- 
 lation of injunction. 25 L.R.A. (N.S.) 
 602. 
 
 62. For nuisance. 
 
 General rule as to landlord's liability to 
 third person for nuisance. 50 L.R.A. 
 (N.S.) 288. 
 
 Particular conditions within principles gov- 
 erning landlord's liability to third per- 
 son for nuisance. 50 L.R.A. (N.S*.) 296. 
 
 Landlord's liability to third person for nui- 
 sance where tenant covenants to repair. 
 26 L.R.A. 198. 
 
 Coal hole, areaway, or other excavation un- 
 der or near sidewalk as nuisance per 
 se. 50 L.R.A. (N.S.) 310. 
 
 Joint liability of landlord and tenant for 
 nuisance maintained on property. 46 
 L.R.A. (N.S.) 1189. 
 
 Holding over by tenant after expiration of 
 term for years as affecting liability for 
 nuisances and defects on leased prem- 
 ises. 25 L.R.A.(N.S.) 849. 
 
 63. For injury to property. 
 
 Liability of lessor for removal of lateral 
 support to subjacent land. 68 L.R.A. 
 698. 
 
 Landlord's liability for injury to adjoining 
 property from cause arising during 
 tenancy". 5 L.R.A. (N.S.) 316. 
 
 3. To tenant and his family, 
 (a) In general. 
 
 64. Generally. 
 
 Liability for ejecting tenant, see infra, 
 
 96. 
 Proximate cause of injury to tenant, see 
 
 PROXIMATE CAUSE, 17. 
 Duty and liability as to stairway, see 
 
 STAIRWAY, 3. 
 
 Liability of landlord for damages to ten- 
 ant in consequence of acts of third 
 persons affecting the leased prop- 
 erty. 42 L.R.A.(N.S.) 774. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LANDLORD AND TENANT, IV. d, 3 (a) 
 cont'd 
 
 Duty of lessor to reimburse lessee for 
 amount which latter contributes to 
 cost of party wall. 24 L.R.A. (N.S.) 
 293. 
 
 Duty and liability of landlord of apart- 
 ments as to heating. 37 L.R.A. (N.S.) 
 1213. 
 
 Liability of landlord on destruction of 
 leased building. 22 L.R.A. 616. 
 
 65. As to repairs. 
 
 Landlord's covenant as to repairs and im- 
 provements, see supra. 17a. 
 
 Liability for injury to tenant, through fail- 
 ure to repair, see infra, 67. 
 
 Liability for injury to tenant's property 
 through breach of covenant as to, see 
 infra, 71. 
 
 Duty to repair portion of building remain- 
 ing in landlord's possession. 14 L.R.A. 
 238. 
 
 Duty of landlord to keep plumbing in 
 proper repair for tenant's use. 36 
 L.R.A.(N.S.) 907. 
 
 (b) Injuries to person. 
 
 66. Generally. 
 
 Liability for injury to tenant through fail- 
 ure to repair, see infra, 67. 
 
 Liability for injury to tenant's property 
 through breach of covenant as to, see 
 infra, 71. 
 
 Contributory negligence of tenant, see NEG- 
 LIGENCE, 35. 
 
 Landlord's liability for work of independ- 
 ent contractor which is dangerous to 
 tenants. 65 L.R.A. 855. 
 
 67. From defect in premises. 
 
 Liability of landlord for injury to tenants 
 from defects in premises. 34 
 L.R.A 824; 34 L.R.A. (N.S.) 798; 
 48 L.R.A.(N.S.) 917; L.R.A. 
 1916D, 1224; L.R.A.1918E, 218. 
 Injuries received through landlord's 
 breach of contract to repair. 11 
 L.R.A. (N.S.) 504: 34 L.R.A. (N.S.) 
 804; 48 L.R.A. (N.S.) 919; L.R.A. 
 1916D, 1227; L.R.A.1918E, 219. 
 Liability for injuries caused by lack or in- 
 sufficiency of fire escapes. L.R.A.1917C, 
 1153. 
 
 Liability of landlord to tenant for sickness 
 due to unsanitary condition of premises. 
 L.R.A.1917A, 994. 
 Liability for injury from fall of leased 
 
 building. 34 L.R.A. 562. 
 Duty and liability of landlord as to prem- 
 ises upon which has existed a con- 
 tagious disease. 6 L.R.A. (N.S.) 977. 
 Liability of landlord for personal injury 
 to wife of lessee. L.R.A.1916F, 
 1152. 
 
 Liability of landlord for personal injury 
 to member of lessee's family other 
 than wife. L.R.A.1916F, 1159.
 
 808 
 
 INDEX TO L.R.A. NOTES. 
 
 LANDLORD AND TENANT, IV. d, 3 (b) 
 cont'd 
 
 68. For injuries from defects in por- 
 tions of building remaining in his 
 possession. 
 
 Liability for injury to tenant from defect 
 in portion of premises not included in 
 lease. 14 L.R.A. 238; L.R.A.1916D, 
 1225. 
 
 Liability of landlord to tenant for sickness 
 due to unsanitary condition of premises 
 to which the lessor retained possession. 
 L.R.A.1917A, 995. 
 
 69. As to part of premises not con- 
 trolled by tenant. 
 
 Liability of landlord for injury to tenants 
 from defects in premises where land- 
 lord retains control of property. 23 
 L.R.A. 155; 48 L.R.A. (N.S.) 920; 
 L.R.A.19I6D, 1226; L.R.A.1918E, 218. 
 
 Liability for injury in common passage- 
 way. 23 L.R.A. 155; 3 L.R.A. (N.S.) 
 316. 
 
 Duty of landlord to light common hall or 
 stairway. 1 B. R. C. 107. 
 
 Private action for violation of statutory 
 duty to light halls and stairways. 
 L.R.A.1915E, 545. 
 
 Liability of landlord for injuries from de- 
 fective condition of foundation, walls, 
 chimneys, or roof of a building, the 
 different floors of which are let to dif- 
 ferent tenants. 4 L.R.A.(N.S.) 1142. 
 
 Liability of landlord for defect in porch 
 or steps used in common by differ- 
 ent tenants, or giving access to 
 common hall. L.R.A.1915B, 98. 
 
 (c) 
 
 Injury to, or conversion of, 
 property. 
 
 70. Generally. 
 
 Liability of landlord for acts of independ- 
 ent contractor. 65 L.R.A. 855; 66 
 L.R.A. 154. 
 
 Liability of landlord where tenant's prop- 
 erty is damaged through interference 
 with party wall by adjoining owner 
 under agreement with landlord. 24 
 L.R.A.(N.S.) 424. 
 
 Liability of landlord for injury done by one 
 tenant to the goods of another through 
 negligence in the maintenance of the 
 leased property. 12 L.R.A.(N.S.) 1025. 
 
 Liability of landlord for loss of tenant's 
 property by fire. 42 L.R.A. (N.S.) 363. 
 
 Liability of landlord to tenant for damage 
 by water. 15 L.R.A. (N.S.) 545; 
 L.R.A.1917B, 225. 
 For damage due to faulty construction. 
 
 L.R.A.1917B, 236. 
 
 For loss due to bursting water pipes. 
 L.R.A.1917B, 244. 
 
 Liability of landlord or his agent for con- 
 version of tenant's goods by one put in 
 possession of the premises before the 
 
 expiration of the tenancy. 
 (N.S.) 226. 
 
 24 L.R.A. 
 
 LANDLORD AND TENANT, IV. d, 3 (c) 
 cont'd 
 
 71. Due to breach of covenant to re- 
 pair. 
 
 Liability of landlord for injury to tenant's 
 property from breach of his coven- 
 ant to" repair. 16 L.R.A.(N.S.) 
 738. 
 Damage by water. L.R.A.1917B, 226. 
 
 4. To tenant's guests and servants and 
 persons expressly or impliedly 
 invited on premises, from defects 
 in premises. 
 
 72. Generally. 
 
 Contributory negligence of guests or serv- 
 ants, see NEGLIGENCE, 35. 
 
 Liability of landlord for personal injuries 
 to persons in privity with tenant. 
 L.R.A.1916F, 1081. 
 
 Liabilitv of landlord for injury to employee 
 of tenant. 34 L.R.A. 609; 46 L.R*.A. 
 86; 17 L.R.A.(N.S.) 1161; L.R.A. 
 1916F, 1140. 
 
 Assumption by tenant's employee of risk 
 of unsafe portions of building remain- 
 ing in landlord's possession. 3 L.R.A. 
 (N.S.) :097. 
 
 Liability generally for injury to tenant's 
 guest. 34 L.R.A. 609; 17 L.R.A. (X.S.) 
 1161. 
 
 Liability of landlord to guest or invitee of 
 lessee for injury caused by struc- 
 tural defect in the leased premises. 
 L.R.A.1916F, 1100. 
 
 Liability of landlord who had contracted 
 to keep in repair the leased prem- 
 ises for personal injuries to guest 
 or invitee of tenant. L.R.A. 1916F, 
 1106. 
 
 Liability of landlord of office building for 
 injury to person calling on ten- 
 ant on business. L.R.A.1916F, 
 1118. 
 
 Liability of lessor of place of amusement 
 for safety of patrons. 14 L.R.A. 
 (N.S.) 284; 32 L.R.A. (N.S.) 715; 42 
 L.R.A.(N.S.) 1073; L.R.A.1915F, 696. 
 Liability of lessor of premises leased for 
 business, public, or amusement pur- 
 pose, for personal injuries to cus- 
 tomer or patron. L.R.A. 1916F, 
 1123. 
 
 Liability of lessor for personal injuries to 
 person on the leased premises to secure 
 employment. L.R.A.1916F, 1136. 
 Liability of landlord furnishing premises 
 with power, for injury resulting there- 
 from. 6 B. R. C. 961. 
 
 Defects in porch, or steps used in common 
 by different tenants or giving access 
 to common hall. L.R.A.1915B, 101. 
 
 e. Liability of contractor for injuries to 
 tenant. 
 
 73. Generally. 
 
 Liability of contractor to tenant for injury 
 
 Begin icith this boote on every law question. 
 
 caused by defects 
 L.R.A.(N.S.) 477. 
 
 in building. 21
 
 INDEX TO L.R.A. NOTES. 
 
 809 
 
 LANDLORD 'AND TENANT, IV. cont'd 
 
 /. Proper party to maintain action af- 
 fecting rights. 
 
 74. Generally. 
 
 Which is real party in interest by whom 
 action must be brought. 64 L.K.A. 611. 
 
 75. Landlord. 
 
 Right of landlord to maintain trespass 
 quare clausum frcyit. 30 L.R.A. (N.S.) 
 248. 
 
 Right of owner to recover damages to prop- 
 erty from nuisance not of a permanent 
 character, while in possession of ten- 
 ant. 3 L.R.A. (N.S.) 1060. 
 
 76. Tenant. 
 
 Right of tenant to sue for injury by dam- 
 ming back water of stream. 59 L.R.A. 
 899. 
 
 Right of tenant to maintain trespass quare 
 clausum fregit. 30 L.R.A.(N.S.) 265. 
 
 Lessee's right to maintain suit to enjoin 
 nuisance. 3 L.R.A. (N.S.) 448. 
 
 V. Rent or other compensation; lien, 
 a. In general. 
 
 % 11. Generally. 
 
 Effect of transfer of reversion on rights and 
 liabilities as to, see infra, 97. 
 
 Rental of areaway, see AREAWAYS, 2. 
 
 Rent under oil and gas lease, see MINES, 
 36. 
 
 Rights and liabilities of parties to mort- 
 gage as to, see MORTGAGE, 33. 
 
 Right to rents on foreclosure, see MORT- 
 GAGE, 79a. 
 
 Rentals charged by public or public service 
 corporations, see RENTAL. 
 
 Rent as a family expense or necessary with- 
 in statute rendering wife or her prop- 
 erty liable therefor. L.R.A.1917F, 862. 
 
 Right of tenant who has abandoned or va- 
 cated premises to increase rent on re- 
 leasing by landlord. L.R.A.1917D, 612. 
 
 Are taxes which lessee covenants to pay to 
 be regarded as a part of the rent. 
 L.R.A.19J5A, 355. 
 
 Tax on rent as within covenant in lease as 
 to pavment of taxes and assessments. 
 L.R.A*1!)15A, 343. 
 
 Lessee's liability for rent where govern- 
 mental prohibition of residence of alien 
 enemies in specified areas renders his 
 occupancy of the demised premises il- 
 legal. 7 B. R. C. 814. 
 
 Right to rents on lease of intestate's prop- 
 erty. 40 L.R.A. 321. 
 
 Liability for, of personal representative 
 carrying on business on behalf of es- 
 tate.' 40 L.R.A. (N.S.) 220. 
 
 Adverse possession of tenant in case of 
 nondemand and nonpayment of rent. 
 53 L.R.A. 950. 
 
 When action for use and occupation of 
 premises will lie. 14 L.R.A. 156; 26 
 L.R.A. 802. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LANDLORD AND TENANT, V. a cont'd 
 
 Who is real party in interest by whom ac- 
 tion for, must be brought. 64 L.R.A. 
 620. 
 
 Stipulation that vendee or mortgagor shall 
 on default become a tenant, as affect- 
 ing liability for rent. 49 L.R.A. 436. 
 
 Effect on liability of tenant's surety of 
 surrender of lease containing option to 
 purchase. 9 L.R.A. (N.S.) 557. 
 
 Equitable relief against forfeiture for non- 
 payment of rent. 69 L.R.A. 844. 
 
 Effect of taking of property by eminent 
 domain on liability for rent. 21 L.R.A. 
 213, 222. 
 
 Landlord's breach of covenant to repair or 
 make improvements as defense to ac- 
 tion for rent. 34 L.R.A. (N.S.) 977; 
 L.R.A.1915C, 649. 
 
 Right of tenant to counterclaim damages 
 to his property by water in action bv 
 landlord for rent. L.R.A.1917B, 234, 
 246. 
 
 Liability of lessee for rent during part of 
 term remaining after death of person 
 whom he agreed to support. 33 L.R.A. 
 (N.S.) 347. 
 
 Effect of re-entry by landlord after bank- 
 ruptcy of, or assignment for creditors 
 by, tenant, upon latter's liability for 
 subsequent rent. L.R.A.1917A, 208. 
 
 Reservation of right of re-entry as affect- 
 ing liability for rent. 42 L.R.A.(N.S.) 
 1087. 
 
 Right to reduction in rent of farm because 
 part of it is not tillable. 36 L.R.A. 
 (N.S.) 555. 
 
 Constitutionality of statute providing for 
 imprisonment for breach of contract of 
 labor or rental. 21 L.R.A. (N.S.) 242. 
 
 Effect of payment of rent after termina- 
 tion of landlord's title on tenant's 
 right to show that the landlord has 
 parted with such title. 38 L.R.A. 
 (N.S.) 866. 
 
 Set-off in case of bankruptcy. 55 L.R.A. 
 50, 54, 67. 
 
 Proof of claim based on lease as fixed lia- 
 bility under bankruptcy act. 54 
 L.R.A. 374. 
 
 Provability of claim under covenant in- 
 demnifying against loss of rent, or ac- 
 celerating future rent, in event of de- 
 fault. 31 L.R.A.(N.S.) 270. 
 
 Acceptance of partial allowance by United 
 States of claim for rent as an accord 
 and satisfaction. 42 L.R.A. (N.S.) 115. 
 
 Effect of admission to change burden of 
 proof and right to open and close in 
 action on lease. 61 L.R.A. 538. 
 
 Admissibility of entries as to receipt of 
 rent in books of account. 53 L.R.A. 
 516. 
 
 Power of agent for renting or collecting 
 rent to accept surrender of lease. 37 
 L.R.A.(N.S.) 93. 
 
 Liability for rent as affected by fact that 
 property cannot be devoted to use in- 
 tended without alteration to conform 
 to police regulations. 39 L.R.A. (N.S.) 
 894.
 
 810 
 
 INDEX TO L.R.A. NOTES. 
 
 LANDLORD AND TENANT, V. a ont'd 
 
 Loss of, as damages for breach of contract 
 to install elevator or other equipment 
 incidental to use of building. 17 
 L.R.A.(N.S.) 1130. 
 
 Setting off on mortgage foreclosure. 21 
 L.R.A. 324. 
 
 Duty of cotenant to account for. 28 L.R.A. 
 831; 29 L.R.A.(N.S.) 224; L.R.A. 
 1918B, 606. 
 
 Liability of purchaser who takes possession 
 under parol contract of sale in action 
 for rents or for use and occupation 
 where vendor refuses to perform. 
 L.R.A.1915E, 405. 
 
 Provisions in lease accelerating maturity of 
 future rents and giving lessor right 
 to take possession upon default in pay- 
 ment of rentals or upon insolvency of 
 lessee as alternative or concurrent. 
 L.R.A.1916B, 1101. 
 
 Effect of holding over after notice of in- 
 tention to quit. L.R.A. 1915A, 235. 
 
 Liability for use of leased premises by one 
 seizing tenant's goods or chattels. 
 43 L.R.A. (N.S.) 527. 
 
 Liability of infant lessee for rent. 47 
 L.R.A.(N.S.) 544. 
 
 Infant's recovery back of rent paid. 47 
 L.R.A. (N.S.) 546. 
 
 Determination of the value of the use or 
 rental of property. 44 L.R. A. ( N.S. ) 499. 
 
 Failure of consideration for bill or note 
 given for future rent as affecting pur- 
 chaser with knowledge of the character 
 of the consideration. 46 L.R.A. (N.S.) 
 869. 
 
 Provision in lease for determination by 
 arbitration or appraisement rents pay- 
 able. 47 L.R.A.(N.S.) 387. 
 
 Right to retain rent paid in advance in 
 event of termination of the lease. 50 
 L.R.A. (N.S.) 1034. 
 
 Nonpayment of rent as affecting right to 
 remove trade fixtures. L.R.A.1918A, 
 835. 
 
 78. Who entitled to rent. 
 
 Right to rents on lease of intestate's prop- 
 erty, see EXECUTORS AND ADMINISTRA- 
 TORS, 15. 
 
 Right to rent as between vendor and pur- 
 chaser, see VENDOR AND PURCHASER 
 8. 
 
 LANDLORD AND TENANT, V. a cont'd 
 Power of equity in jurisdiction where mort- 
 gage does not convey the title, to im- 
 pound rents and profits of mortgaged 
 property pending foreclosure. 7 L.R.A. 
 (N.S.) 1001. 
 
 Application of rents received by mortgagee 
 in possession. 4 B. R. C. 829. 
 
 79. What constitutes payment of 
 rent. 
 
 Acceptance of commercial paper as pav- 
 ment of rent. 35 L.R. A. (N.S.) 106. 
 
 80. Liability of lessee, sublessee or 
 assignee of leasehold for rent aft- 
 er assignment or sublease. 
 
 In general. 52 L.R.A. (N.S.) 969. 
 Of lessee. 52 L.R.A. (N.S.) 969. 
 Of sublessee. 52 L.R.A. (N.S.) 976. 
 Of assignee. 52 L.R.A. (N.S.) 978. 
 
 82. Compensation when lease invalid 
 under statute of frauds. 
 
 General doctrine. 26 L.R.A. 799. 
 Tenants from year to year. 26 L.R.A. 800. 
 Cse and occupation. 26 L.R.A. .801. 
 Holding over. 26 L.R.A. 802. 
 Distress. 26 L.R.A. 802. 
 
 83. Effect of eviction on liability. 
 
 As to what constitutes eviction, see supra, 
 33. 
 
 Effect of partial eviction. 17 L.R.A. 275; 
 41 L.R.A.(N.S.) 430. 
 
 Eviction of tenant so as to relieve him 
 from payment of rent by reason of en- 
 forcement by public officials of restric- 
 tions on use of premises. 2 L.R.A. 
 (N.S.) 973. 
 
 Attornment by lessee, to avoid eviction, to 
 stranger entitled to immediate posses- 
 sion, as defense in action for rent. ]S 
 L.R.A.(N.S.) 396. 
 
 84. Liability after destruction of 
 leased building. 
 
 Continuance of rent for apartments and 
 rooms. 22 L.R.A. 613. 
 
 Continuance of rent for building. 22 
 L.R.A. 613. 
 
 Rent ceasing by terms of lease. 22 L.R.A. 
 614. 
 
 Abatement of rent by surrender of prem- 
 ises. 22 L.R.A. 615. 
 
 Right to rent from private persons or cor- j Destruction of premises as affecting rent 
 orations makinsr soecial or unusual paid or payable in advance. 33 
 
 L.R.A.(N.S.) 540. 
 
 use of public records. 
 
 or 
 L.R.A.1918E, 
 
 Right to rental of real estate sold on con- 
 tract. 35 L.R.A.(N.S.) 1066; 38 
 L.R.A.(N.S.) 420. 
 
 Right as between life tenant and remain- 
 derman to rents from lease of prop- 
 erty. 36 L.R.A.(N.S.) 637. 
 
 Apportionment of rent upon death of life 
 beneficiary between distribution pe- 
 riods. 27 L.R.A.(N.S.) 450. 
 
 Right to, after foreclosure decree and be- 
 fore purchaser's title is perfected. 1 
 L.R.A.(N.S.) 1079. 
 
 Begin with this ftoofc on every la-w question. 
 
 Is destruction by decay rendering premises 
 untenantable within statute relieving 
 tenant from rent in case of destruc- 
 tion by act of God or elements. 21 
 L.R.A.(N.S.) 130. 
 
 Determination of proportional part of rent 
 to be abated upon destruction of 
 premises. L.R.A.1916F, 277. 
 
 85. Availability of exemptions 
 against claim for rent. 
 
 Statutory Ifen for rent. 24 L.R.A. 812. 
 Waiver of exemption. 24 L.R.A. 812. 
 Equitable lien. 24 L.R.A. 812.
 
 INDEX TO L.R.A. NOTES. 
 
 811 
 
 LANDLORD AND TENANT, V..a cont'd 
 86. Liability for rent of premises oc- 
 cupied by receiver or assignee for 
 creditors. 
 
 Liability of receiver or assignee. 59 L.R.A. 
 
 673. 
 
 Liability of lessee. 59 L.R.A. 695. 
 Liability of third person. 59 L.R.A. 696. 
 Priority of claim for rent against property 
 
 in hands of receiver over recorded liens. 
 
 41 L.R.A. (N.S.) 700, 710. 
 
 87. Guaranty or insurance of rent. 
 
 Insurance against loss of rents, see INSUB- 
 AXCE, 218. 
 
 Necessity of notice in order to bind guar- 
 antor of lessee. 20 L.R.A. 259. 
 
 Power of corporation organized for the man- 
 ufacture and sale of liquor to guarantee 
 rent of its customers or prospective 
 customers. L.R.A.1918C, 1008. 
 
 b. Landlord's lien. 
 
 88. Generally. 
 
 Equitable lien for rent. 24 L.R.A. 812. 
 
 Landlord's lien for rent; personal liability 
 of purchaser of property subject to. 
 59 L.R.A. 737. 
 
 Efficacy of chattel mortgage on fixtures as 
 against landlord. 15 L.R.A. 56. 
 
 Stipulation that vendee or mortgagor shall 
 on default become a tenant, as affect- 
 ing right to a lien. 49 L.R.A. 437. 
 
 Injunction to protect lien of landlord 
 against execution sale. 30 L.R.A. 129. 
 
 Failure of landlord to take possession of 
 collateral covered by lien as release of 
 surety. 37 L.R.A.(N.S.) 709. 
 
 Attempt to enforce lien under clause in a 
 lease giving landlord a lien on crops 
 and chattels as election preventing its 
 enforcement as a chattel mortgage. 20 
 L.R.A.(N.S.) 259. 
 
 Priority of claims for leases and rental 
 against property in hands of receiver 
 over recorded liens. 2 L.R.A. (N.S.) 
 1030, 1044, 1060, 1006. 
 
 Antedating lease as affecting priority of 
 landlord's lien. L.R.A.1916F, 450. 
 
 Right to statutory lien on property of third 
 person for rental of personal property 
 to contractor for use in work of a 
 lienable nature. 16 L.R.A.(N.S.) 585. 
 
 89. Lien of cotenant. 
 
 Lien of one cotenant for rents and profits 
 received by cotenant. 29 L.R.A. (N.S.) 
 236; L.R.A.1918B, 609. 
 
 90. Waiver of lien. 
 
 Waiver of landlord's lien by attachment. 
 50 L.R.A. 717. 
 
 c. Distress. 
 
 91. Generally. 
 
 First and last days in computing time for 
 proceedings to distrain. 49 L.R.A. 239. 
 
 Necessity for change of possession to up- 
 hold, as against creditors of former 
 owner, sale of goods under distress for 
 rent. 36 L.R.A. (N.S.) 1021. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LANDLORD AND TENANT, V. e cont'd 
 Use of distress warrant to enforce payment 
 of compensation for use of property 
 other than land. 11 L.R.A. (N.S.) 83(5. 
 
 92. Right to. 
 
 Possession by tenant of chattels of third 
 person as affecting the landlord's right 
 to distress. 25 L.R.A. (N.S.) 792, 790. 
 
 Where lease is invalid under statute of 
 frauds. 26 L.R.A. 802. 
 
 Effect of tenant's holding over after expira- 
 tion of term for years on right to dis- 
 train. 25 L.R.A. (N.S.) 851. 
 
 Stipulation that vendee or mortgagor shall, 
 on default, become qf tenant as affect- 
 ing right to maintain distress proceed- 
 ings. 49 L.R.A. 437. 
 
 93. Liability for wrongful distress. 
 
 Landlord's liability for wrongful act of 
 agent in distraining for rent. 27 
 L.R.A. 173. 
 
 VI. Recovery of possession; re-entry. 
 
 94. Generally. 
 
 Liability of landlord who brings an unfound- 
 ed action to dispossess tenant. L.R.A. 
 1918C, 323. 
 
 Effect of re-entry by landlord after bank- 
 ruptcy of, or assignment for creditors 
 by tenant, upon latter's liability for 
 subsequent rent. L.R.A.1917A, 208. 
 
 First and last days in computing time for 
 proceeding to dispossess. 49 L.R.A. 
 239. 
 
 Landlord's right to render tenement unin- 
 habitable under provision of lease re- 
 serving right of re-entry for condition 
 broken. 17 L.R.A. 672. 
 
 Stipulation that vendee or mortgagor shall 
 on default become a tenant, as affect- 
 ing right to recover possession of prem- 
 ises. 49 L.R.A. 438. 
 
 Reservation of right of re-entry as affect- 
 ing the character of instrument as 
 an assignment or sublease. 42 
 L.R.A.(N.S.) 1084. 
 
 Injunction as to judgment by or against 
 surety in summary proceedings. 31 
 L.R.A. 63. 
 
 Injunction against dispossession by sum- 
 mary proceedings. 30 L.R.A. 129. 
 
 Right to prove fraud in title in summary 
 proceedings to recover possession of 
 property. 11 L.R.A. (N.S.) 260. 
 
 Right of lessor to maintain an action for 
 possession against his covenant not to 
 disturb lessee's possession, when the 
 covenant is repugnant to the estate 
 granted. L.R.A.1915D, 467. 
 
 Provisions in lease accelerating maturity of 
 future rents, and giving lessor right 
 to take possession upon default in pay- 
 ment of rentals or upon insolvency of 
 lessee as alternative or concurrent. 
 L.R.A.1916B, 1101. 
 
 95. Notice to quit. 
 
 Right of tenant receiving proper notice to 
 quit where property is taken by emi- 
 nent domain. 21 L.R.A. 222.
 
 812 
 
 INDEX TO L.R.A. NOTES. 
 
 LANDLORD AND TENANT VI. cont'd 
 Denial of tenancy as waiver of notice to 
 
 quit, or of demand of possession. 25 
 
 L.R.A.(N.S.) 104. 
 
 VII. Liability for ejecting tenant. 
 
 96. Generally. 
 
 Liability of landlord who brings an unfound- 
 ed action to dispossess tenant. L.R.A. 
 1918C, 323. 
 
 Liability of landlord to tenant for forcible 
 expulsion after termination of tenancy. 
 16 L.R.A. 798: 11 L.R.A.(N.S.) 468. 
 
 Liability of landlord for personal injuries 
 inflicted in attempting to dispossess 
 tenant. 42 L.R.A.(N.S.) 392. 
 
 Liability of property owner for compelling 
 removal of sick person. 17 L.R.A. 
 (N,S.) 510. 
 
 FIJI. Sale of leased property. 
 
 97. Generally. 
 
 Transfer of reversion. L.R.A. 19L5C, 190. 
 Effect of sale of the reversion on rights 
 and liabilities under covenant the pur- 
 pose of which is to assure lessee an 
 exclusive right to conduct a certain 
 business on premises owned by lessor. 
 L.R.A.1915C, 85 /. 
 
 Right of transferee of reversion as to 
 breaches of covenant occurring be- 
 fore transfer. L.R.A.1915C, 245. 
 Construction of provision in lease as to 
 termination of leasehold in case 
 of sale of premises. L.R.A.1915C, 
 234. 
 
 LANDOWNERS. 
 
 Doctrine of equitable conversion as affect- 
 ing one's right to sign consent or re- 
 monstrance as landowner. 50 L.R.A. 
 (N.S.) 32. 
 
 LANDS. 
 
 Valuation of public utility lands. 48 L.R.A. 
 (N.S.) 1196. 
 
 LANE. 
 
 Extent of right confered by grant or reser- 
 vation in conveyance of lot of right to 
 use lane or alley. 3 B. R. C. 533. 
 
 LANGUAGE. 
 
 In what publication made, see PUBLICA- 
 TION, 3. 
 
 Foreign, publication of official notice in. 14 
 
 L.R.A. 64. 
 Power to prescribe teaching of, in public 
 
 schools. 47 L.R.A.(N.S.) 203. 
 
 LAPSE. 
 
 Of legacy, see WILLS, 120. 
 
 Begin irttJi this Ttoolc on every law question. 
 
 LARCENY. 
 
 1. Generally. 
 
 Of animals, see ANIMALS, 4. 
 
 Of other spouse's property, see HUSBAND 
 
 AND WIFE, 46. 
 Insurance against theft, see INSUBANCE, 
 
 220. 
 See also RECEIVING STOLEN PROPEBTY. 
 
 Statutes infringing freedom to deal with 
 one's property enacted in order to 
 prevent larceny. L.R.A.1915B, 213. 
 
 Validity and enforceability of contract to 
 compensate the owner of property 
 stolen in absence of duress or agree- 
 ment, express or implied, to stifle 
 prosecution. L.R.A.1915E, 139. 
 
 Criminal liability for agent's act in. 41 
 L.R.A. 652. 
 
 Criminality of solicitation to commit. 25 
 L.R.A. 437. 
 
 Homicide in attempting to prevent. 67 
 L.R.A. 537. 
 
 Title of one who takes money from thief 
 or embezzler. 25 L.R.A.'(N.S.) 631; 
 L.R.A.1917A, 707. 
 
 When larceny deemed continuous. 7 L.R.A. 
 (N.S.) 520. 
 
 Valuation of commercial paper for pur- 
 poses of graduating offense of larceny. 
 23 L.R.A. (N.S.) 1063. 
 
 Stealing property from different owners at 
 the same time as distinct offenses. 42 
 L.R.A.(N.S.) 967. 
 
 Prosecution for larceny of one who receives 
 or sells within the state property actu- 
 ally stolen with his connivance by an- 
 other in another state. 42 L.R.A. 
 (N.S.) 207. 
 
 Production of bill jof sale as repelling pre- 
 sumption of guilt from possession of re- 
 cently stolen property. 39 L.R.A. 
 (N.S.) 320. 
 
 Liability of the government or other public 
 body for its own obligations stolen 
 from it. 39 L.R.A. (N.S.) 444. 
 
 Truth of charge of, as a defense to a civil 
 action for libel or slander. 31 L.R.A. 
 (N.S.) 144. 
 
 Loss by, during fire. 35 L.R.A. (N.S.) 892. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance. 
 38 L.R.A. (N.S.) 314, 320. 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence on prosecution 
 for. 69 L.R.A. 195, 198, 206. 
 
 2. What constitutes. 
 
 Corpus delicti in larceny. L.R.A. 1916B, 
 846. 
 
 What law defines larceny for purposes of a 
 statute against bringing stolen 
 property into the state. 15 L.R.A. 
 722; 14 L.R.A. (N.S.) 556.
 
 INDEX TO L.R.A. NOTES. 
 
 813 
 
 LARCENY cont'd 
 
 Larceny or embezzlement as affected by be- 
 lief in right to property taken. 
 41 L.R.A.(N.S.) 549. 
 
 Taking of property by general owner for 
 purpose of defeating a lien thereon as 
 larceny. 12 L.R.A.(N.S.) 94. 
 
 Sale of another's property as larceny. 10 
 L.R.A.(N.S.) 816. 
 
 Wrongful sale of pledged property or col- 
 lateral as. 31 L.R.A.(N.S.) 999. 
 
 Larceny by taking away greater quantity 
 of purchased article than was paid for. 
 1 B. R. C. 1004. 
 
 Failure to account for fund to one jointly 
 interested therein as theft, larceny, or 
 embezzlement. 31 L.R.A. (N.S.) 822. 
 
 Bv obtaining money by trick. 1 L.R.A. 
 (N.S.) 862. 
 
 Larceny by abstracting money or other prop- 
 erty from letter given one to mail. 47 
 L.R.A.(N.S.) 852. 
 
 Larceny by fraudulent race or game. 1 
 L.R.A. (N.S.) 862; 20 L.R.A. (N.S.) 
 1]64; 42 L.R.A.(N.S.) 735. 
 
 Making or procuring fraudulent orders on 
 public funds. 32 L.R.A. (N.S.) 234. 
 
 Fraudulent conversion of property by one 
 legally in charge or custody thereof. 2 
 L.R.A. (N.S.) 249. 
 
 Conversion of proceeds of property ac- 
 quired by defendant under an agree- 
 ment to sell the same and turn over 
 proceeds, as larceny. 52 L.R.A. (N.S.) 
 1222; L.R.A.1918A/318. 
 
 Intent or offer to return, or actual return 
 of, property as affecting charge of 
 larceny. 52 L.R.A. (N.S.) 1013. 
 
 Appropriation by bailee of articles accident- 
 ally coming into his possession as sub- 
 ject of bailment. L.R.A.1915C, 712. 
 
 Obtaining property by means of promise to 
 pay, or give security, for same, without 
 intent to do so. L.R.A.1916E, 769. 
 
 i 
 
 3. What constitutes asportation. 
 
 Circumstances held sufficient to show aspor- 
 tation. 29 L.R.A.(N.S.) 38. 
 
 Circumstances held insufficient to show 
 asportation. 29 L.R.A. (N.S.) 40. 
 
 The Texas cases. 29 L.R.A.(N.S.) 40. 
 
 Killing animal and carrying away part of 
 the carcass as larceny of the animal. 
 L.R.A.1915E, 848. 
 
 4. Of what property. 
 
 Of property delivered by mistake, see MIS- 
 TAKE, 19. 
 
 Check as subject of. 42 L.R.A. (N.S.) 498. 
 
 Taking of fish or game as larceny. L.R.A. 
 1918A, 547. 
 
 Property held for an illegal purpose as sub- 
 ject of. L.R.A.1918D, 690. 
 
 Water, gas, and electricity as subjects of. 
 L.R.A.1918C, 580. 
 
 Of money or property delivered by mistake. 
 52 L.R.A. 136. 
 
 Of dog. 40 L.R.A. 514. 
 
 Of bees. 40 L.R.A. 689. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LARCENY cont'd 
 
 Appropriation of articles of value concealed 
 in goods purchased or in waste matter. 
 22 L.R.A.(N.S.) 1133. 
 
 Larceny of property found. 37 L.R.A. 121 ; 
 
 30 L.R.A. (N.S.) 339; L.R.A.1916A, 468. 
 
 Larceny or embezzlement by one spouse of 
 
 the other's property. 29 L.R.A. 
 
 (N.S.) 830. 
 
 Real property or things savoring of realty 
 as the subject of larceny. 49 
 L.R.A.(N.S.) 965. 
 
 5. By children. 
 
 Criminal liability of children for. 36 L.R.A. 
 201. 
 
 6. By officer. 
 
 Liability of officer acting under writ of exe- 
 cution for. 3 L.R.A.(N.S.) 508. 
 
 7. By corporation. 
 
 Criminal responsibility of corporation for. 
 2 B. R. C. 249. 
 
 8. Defenses. 
 
 What intoxication will excuse. 36 L.R.A. 
 
 469. 
 Kleptomania as a defense to larceny. 18 
 
 L.R.A. 229; 43 L.R.A. (N.S.) 150. 
 Effect of owner's conduct in intentionally 
 
 facilitating the taking. 7 L.R.A. (N.S. ) 
 
 756. 
 Instigation of offense as a defence. 25 
 
 L.R.A. 343; 30 L.R.A. (N.S.) 950; 51 
 
 L.R.A.(N.S.) 827. 
 
 Effect of consent of bailee, agent, or serv- 
 ant to taking of property. 7 L.R.A. (N. 
 
 S.) 1149. 
 Purpose of applying property on debt as 
 
 affecting. 32 L.R.A. (N.S.) 420. 
 
 9. Running of limitations against 
 prosecution for. 
 
 Running of statute of limitations against 
 action to recover stolen property. 29 
 L.R.A.(N.S.) 120; 34 L.R.A.(N.S.) 
 621. 
 
 10. Indictment for. 
 
 See INDICTMENT, INFORMATION, AND COM- 
 PLAINT, 23. 
 
 11. Evidence in prosecution for. 
 
 Proof of corpus delicti in. 68 L.R.A. 40, 48, 
 
 54, 56, 65; 28 L.R.A. (N.S.) 536; L.R.A. 
 
 1916B, 846. 
 Evidence of other crimes in prosecution for. 
 
 62 L.R.A. 231, 281, 315, 322; 43 L.R.A. 
 
 (N.S.) 776. 
 Evidence of character of accused to rebut 
 
 presumption from possession of stolen 
 
 goods. 20 L.R.A. 614. 
 Right of one to testify as to his intent. 23 
 
 L.R.A.(N.S.) 390. 
 Possession of recently stolen property as 
 
 evidence of. 12 L.R.A. (N.S.) 199. 
 Validity of statute making possession of 
 
 stolen property proof of guilt. L.R.A. 
 
 1915C, 734.
 
 814 
 
 INDEX TO L.R.A. NOTES. 
 
 LARCENY cont'd 
 
 Husband or wife as witness against the oth- 
 er in prosecution for. L.R.A.1917E, 
 1133. 
 
 12. Punishment for. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 573, 577; L.R.A.1915C, 567. 
 
 13. Civil liability for, OP in respect 
 to. 
 
 As affecting liability on official bond. 22 
 L.R.A. 449. 
 
 Of property bailed; presumption and burden 
 of proof as to care or negligence. 43 
 L.R.A.(N.S.) 1179. 
 
 Liability of bailee (other than a common 
 carrier or innkeeper) for theft com- 
 mitted by servant. 4 B. R. C. 562. 
 
 Liability of sleeping car company for 
 theft of baggage or personal effects of 
 passenger. 41 L.R.A.(N.S.) 799; 
 L.R.A.1915B, 621. 
 
 Liability of carrier for theft of hand bag- 
 gage or other effects in the custody or 
 control of passenger. L.R.A.1915B, 608. 
 
 Liability for stolen mail. L.R.A.1915A, 
 374. 
 
 Liability of hospital for loss or theft of 
 property of patient. L.R.A.1918A, 1157. 
 
 Existence of a trust in property stolen. 
 L.R.A.1915B, 442. 
 
 Legality of contract to pay thief for return 
 of stolen property. 7 L.R.A. (N.S.) 175. 
 
 Civil action against thief to recover stolen 
 property or its value. 41 L.R.A. 
 (N.S.) 255. 
 
 LASCIVIOUS COHABITATION OR 
 CONDUCT. 
 
 See ADULTERY; DISORDERLY HOUSES; FORNI- 
 CATION; ILLICIT COHABITATION; IN- 
 CEST; LEWDNESS; PROSTITUTION; SE- 
 DUCTION. 
 
 Proof of corpus delicti in prosecution for. 
 68 L.R.A. 45. 
 
 LAST CLEAR CHANCE. 
 
 See NEGLIGENCE, 50-52. 
 
 LAST SICKNESS. 
 
 What is "last sickness" permitting noncu- 
 pative will. 13 L.R.A. (N.S.) 1092. 
 
 LATENT AMBIGUITIES. 
 
 As to land in will, correction of. 6 L.R.A. 
 (N.S.) 942; L.R.A.1915E, 1008. 
 
 LATENT DEFECTS. 
 
 1. Injury by generally. 
 
 Landlord's liability for injury to tenants 
 from. 34 L.R.A. (N.S.) 799; 48 L.R.A. 
 (N.S.) 918; L.R.A.1916D, 1225. 
 
 Liability of railroad company for injury to 
 passenger by latent defect in car. 15 
 L.R.A.(N.S.) 790'; L.R.A.1915D, 305. 
 
 2. Injury in street by. 
 
 Municipal liability for injury by, in streets. 
 
 2 L.R.A.(N.S.) 159; 20 L.R.A. (N.S.) 
 
 513. 
 Contributory negligence of person injured by 
 
 latent defects in street. 21 L.R.A. (N. 
 
 S.) 635; 48 L.R.A. (N.S.) 633. 
 
 3. Injury to servant by. 
 
 Servant's assumption of risk of, see MASTER 
 AND SERVANT, 113. 
 
 Latency of defect as affecting res ipsa loqui- 
 tur. L.R.A.1917E, 50. 
 
 Employer's liability to servant injured by. 
 41 L.R.A. 83." 
 
 Applicability to, of rule imputing to master 
 notice of defects in original construc- 
 tion. 17 L.R.A. (N.S.) 104. 
 
 4. In property sold. 
 
 In property bought for special purpose, im- 
 plied warranty against. 22 L.R.A. 193. 
 
 Effect of provision in contract of sale that 
 claim for, must be made within certain 
 time. 11 L.R.A.(N.S.) 245. 
 
 LATENT EQUITIES. 
 
 Protection of quitclaim purchasers against. 
 29 L.R.A. 33. 
 
 LATERAL RAILROADS. 
 
 What is within charter power to build. 12 
 L.R.A.(N.S.) 326. 
 
 Begin 
 
 this "book on every law question. 
 
 LATERAL SUPPORT. 
 
 1. Generally. 
 
 Measure of damages for removing, see DAM- 
 AGES, 72. 
 
 Right to, passing by deed, see DEEDS, 23. 
 
 Removal of as a taking of property, see 
 EMINENT DOMAIN, 43. 
 
 Subjacent support, see SUBJACENT SUPPORT. 
 
 Express agreements or covenants for lateral 
 support. 48 L.R.A. (N.S.) 474. 
 
 Right to remove lateral support by dredging 
 water bed. 64 L.R.A. 275. 
 
 Removal of, as damage or injury in emi- 
 nent domain case. 5 L.R.A. (N.S.) 
 1086; L.R.A.1917E, 576. 
 
 Condemnation or grant of land for rail- 
 road right of way as carrying right to 
 lateral and subjacent support. 32 
 L.R.A. (N.S.) 155.
 
 INDEX TO L.R.A. NOTES. 
 
 815 
 
 LATERAL SUPPORT cont'd 
 
 Liability of railroad company in construct- 
 ing its roadway, for removal of lateral 
 support to adjoining property. 21 
 L.R.A.(N.S.) 318; L.R.A.1918D, 714. 
 
 2. For land in natural state. 
 
 Liability for removal of. 68 L.R.A. 673. 
 
 3. For buildings. 
 
 Measure of damages for removing, see DAM- 
 AGES, 72. 
 
 Use of party wall as lateral support as ren- 
 dering adjoining owner liable to con- 
 tribute to cost. 6 B. R. C. 458. 
 
 Right by prescription to lateral support for 
 buildings. 20 L.R.A. 730. 
 
 Express agreements or covenants for. 48 
 L.R.A. (N.S.) 474. 
 
 Creation of easement for support of land 
 and buildings by severance of tract 
 with apparent benefit existing. 26 
 L.R.A. (N.S.) 364; L.R.A.1915C, 353. 
 
 Liability for injuries to buildings on adjoin- 
 ing land by negligent removal of lateral 
 support of the soil. 6 L.R.A. (N.S.) 
 243. 
 
 Effect of destruction of building to termi- 
 nate adjoining owner's easement of. 19 
 L.R.A. (N.S.) 883; 46 L.R.A. (N.S.) 
 1021. 
 
 4. By or for highway or street. 
 
 Right to lateral support as against public 
 by adverse possession of highway or 
 city street. 18 L.R.A. 150. 
 
 Liability of municipal corporation for m- 
 jurv to lateral support in making street 
 improvements. 12 L.R.A. (N.S.) 696. 
 
 Duty of abutting owner to preserve lateral 
 'support to highway. 20 L.R.A. (N.S.) 
 287. 
 
 5. Liability for independent con- 
 tractor's interference wiih. 
 
 Liability of employer for injury to, by inde- 
 pendent contractor. 65 L.R.A. 849. 
 
 Employer's duty to avoid independent con- 
 tractor's interference with right of. 66 
 L.R.A. 148. 
 
 LATERAL TRACK. 
 
 See SPUR TBACKS AND SIDINGS. 
 
 LAUDATORY ARTICLE. 
 
 As libel. 4 L.R.A.(N.S.) 861. 
 
 LAUNDRIES. 
 
 Gathering laundry in one state, performing 
 services thereon in another, and return- 
 ing to owners as interstate commerce. 
 L.R.A.1917B, 343. 
 
 Consult also L.R.A. Digests of Cases. 
 
 38 
 
 LAUNDRIES cont'd 
 
 Municipal power over, as nuisance. 
 L.R.A. 651. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of laundry business as 
 affected by territorial scope. 24 L.R.A. 
 (N..S.) 930; L.R.A.1916C, 631. 
 
 Power to make use of property for, condi- 
 tional upon consent of neighbors. 8 
 L.R.A.(N.S.) 978. 
 
 LAW. 
 
 Conflict of, see CONFLICT OF LAWS. 
 Custody of, see CUSTODY OF LAW. 
 Judicial notice of, see EVIDENCE, 2, 3. 
 Presumptions and burden of proof as to, see 
 
 EVIDENCE, 19, 20. 
 As to statutes, see STATUTES. 
 Violation of, see VIOLATION OF LAW. 
 
 Mistake as to law of another state or coun- 
 try as one of law or of fact. 46 L.R.A. 
 (N.S.) 174. 
 
 False representation of foreign law as basis 
 for fraud action. L.R.A. 1915A, 675. 
 
 Homicide by authority of. 67 L.R.A. 292. 
 
 LAW BOOKS. 
 
 As evidence. 40 L.R.A. 572. 
 
 
 
 LAWFUL HEIRS. 
 
 Extrinsic evidence to identify person intend- 
 ed by testator using term. 47 L.R.A. 
 (N.S.) 533. 
 
 LAWFUL MONEY. 
 
 Validity and effect of statutes requiring 
 wages to be paid in. 28 L.R.A. 273. 
 
 LAW OF PLACE. 
 
 See CONFLICT OF LAWS. 
 
 LAW OF THE CASE. 
 
 Judgment affirming a nonsuit as the law of 
 
 the case. 48 L.R.A.(N.S.) 464. 
 On second appeal. 34 L.R.A. 321. 
 
 LAWYERS. 
 
 See ATTOBNEYS.
 
 816 
 
 INDEX TO L.R.A. NOTES. 
 
 LAYMEN. 
 
 Champertous contracts of. 
 68. 
 
 L.E.A.1916E, 
 
 LEADING QUESTIONS. 
 
 See WITNESSES, 27. 
 
 LEAKAGE. 
 
 Provision exempting carrier from liability 
 for loss by leakage as extending to los 
 caused by negligence. 6 B. R. C. 128. 
 
 LEARNING. 
 
 Exemption from taxation of institutions of 
 see TAXES, 24-26. 
 
 LEASE. 
 
 In general, see LANDLORD AND TENANT, III 
 Of mine, see MINES, 30, 32, 35-38. 
 Of railroad, see RAILROADS, 6, 7. 
 
 Bicycle as subject of. 47 L.R.A. 305. 
 
 As a conveyance within recording statute. 
 24 L.R.A.(N.S.) 879. 
 
 Contract exempting railroad company from 
 liability for burning building placed on 
 leased portion of right of way. 44 
 L.R.A.(N.S.) 1127. 
 
 Lease of its property as affecting liability 
 of foreign corporation to franchise tax 
 or tax upon privilege of doing business 
 within the state. L.R.A.1917D, 1073. 
 
 Effect of carriers' leasing defective car on 
 liability for damages to freight because 
 of defects. L.R.A.1917C, 519. 
 
 LEASEHOLD. 
 
 In general, see LANDLORD AND TENANT. 
 
 Personal liability of a trustee for losses to 
 trust estate from investing funds on 
 security of leasehold property. 44 
 L.R.A.(N.S.) 9] 7. 
 
 Law governing validity of testamentary dis- 
 position of leasehold property. 7 *B R 
 C. 459. 
 
 Measure of damages to leasehold from 
 change of grade. L.R.A.1917C, 428. 
 
 LEAVE cont'd 
 
 Necessity of leave of court for enforcement 
 of order of Public Service Commission 
 against receiver operating utility. 
 L.R.A.1918E, 315. 
 
 LEAVE. 
 
 Necessity for leave to file bill of review for 
 
 newly discovered evidence. 30 L.R.A. 
 
 fX.S.) 1031. 
 Leave of court to executor or administrator 
 
 to purchase at his own sale. L.R.A. 
 
 1918B, 49. 
 Begin with this &oo7c on every law question. 
 
 LECTURES. 
 
 Applicability of Sunday laws to. 30 L R.A 
 
 (N.S.) 467. 
 Use of public school building for. 31 L R \ 
 
 (N.S.) 589. 
 
 LEDGER. 
 
 Admissibility of, in evidence. 52 L.R A 
 
 581. 
 
 LEGACY. 
 
 In general, see WILLS, V. 
 Interest on, see WILLS, 104. 
 
 LEGAL BENEFICIARIES. 
 
 Who are, within meaning of Workmen's 
 Compensation Statutes. L.R.A.1918F, 
 485. 
 
 LEGAL EXPENSES. 
 
 Treatment of, as part of overhead charges 
 in public service property valuations. 
 48 L.R.A. (N.S.) 1049. 
 
 LEGAL HEIRS. 
 
 Extrinsic evidence to identify person in- 
 tended by testator using term. 47 
 L.R.A.(N.S.) 533. 
 
 LEGAL PAPERS. 
 
 Typewritten, printed, or stamped signature 
 
 of. L.R.A.1917B, 285. 
 Measure of damages for loss or destruction 
 
 of. 8 L.R.A.(N.S.) 369. 
 
 LEGAL PROCEEDINGS. 
 
 ionds given in, see BONDS, 8. 
 'njunction against, see INJUNCTION, 40- 
 60. 
 
 Effect of admission of state into the Union 
 upon provisions of ordinance of 1787 
 as to. 52 L.R.A. (N.S.) 311. 
 Extension of time for, when last day falls 
 
 on Sunday. 14 L.R.A. 122. 
 itting of court on holidays. 19 L.R.A. 317. 
 
 Validity of court business transacted on 
 le."ral holiday. 10 L.R.A. (N.S.) 791. 
 
 Does standard or solar time govern in. 1 
 L.R.A. (N.S.) 364; 6 L.R.A. (N.S.) 
 1046; 35 L.R.A. (N.S.) 611.
 
 INDEX TO L.R.A. NOTES. 817 
 
 LEGAL REPRESENTATIVES. LEGISLATIVE JOURNALS. 
 
 See also EXECUTORS AND ADMINISTRATORS. 
 
 Meaning of term in life insurance policy. 
 30 L.R.A. 609; 32 L.R.A.(N.S.) 247. 
 
 LEGAL SERVICES. 
 
 In general, see ATTORNEYS. 
 
 Conclusiveness of expert opinion as to value 
 of. 42 L.R.A. 768; 45 L.R.A. (N.S.) 
 181. 
 
 Liability of infant for. 44 L.R.A. (N.S.) 
 411. 
 
 LEGAL TENDER. 
 
 Question relating to, as Federal question. 
 
 62 L.R.A. 537. 
 Application of legal tender act to specific 
 
 contracts for coin. 29 L.R.A. 512. 
 
 LEGAL TITLE. 
 
 Effect of fraudulent conveyance on, see 
 FRAUDULENT CONVEYANCES, 4. 
 
 LEGATEES. 
 
 In general, see WILLS, V. 
 
 As real party in interest by whom action 
 must be brought. 64 L.R.A. 611. 
 
 Right to avoid sale of decedent's property 
 to executor or administrator. L.R.A. 
 1918B, 30. 
 
 Injunction against execution sales to pro- 
 tect. 30 L.R.A. 123. 
 
 Assessment on decedent's estate against. 56 
 L.R.A. 645. 
 
 Duty of executor to inform legatee of terms 
 of legacy. 6 B. R. C. 104. 
 
 Ornamental articles as fixtures as between 
 legatees, devisees, heirs, personal rep- 
 resentatives, and life tenants. 6 B. R. 
 C. 162. 
 
 LEGISLATIVE AUTHORITY. 
 
 As defense to one maintaining nuisance, 
 see NUISANCES, 28. 
 
 LEGISLATIVE DIVORCE. 
 
 See STATUTES, 11, 12. 
 
 LEGISLATURE. 
 
 I. In general, 1, 2. 
 II. Powers, 3. 
 
 I. In general. 
 
 1. Generally. 
 
 Appropriations by, see APPROPRIATIONS. 
 Committee of, see COMMITTEE, 2. 
 Constitutionality of legislation generally, 
 
 see CONSTITUTIONAL LAW. 
 Enactment of statutes by, see CONSTITUTION- 
 AL LAW; STATUTES, 3-6. 
 Relation of courts to legislature, see COURTS, 
 
 15, 16. 
 Divorce bv, see DIVORCE AND SEPARATION, 
 
 3. " 
 Legislative functions of municipality, see 
 
 MUNICIPAL CORPORATIONS, V, c. 
 Authority of, as defense to one maintaining 
 
 nuisance, see NUISANCES, 28. 
 Records of, see RECORDS AND RECORDING 
 
 LAWS, 6. 
 Construing statute according to intent of, 
 
 see STATUTES, 20. 
 
 Effect of admission of state into the Union 
 upon provisions of ordinance of 1787 
 as to proportionate representation of 
 the people in the legislature. 52 
 L.R.A. (N.S.) 311. 
 
 Members of state legislature as public of- 
 ficers. 17 L.R.A. 247. 
 
 Right of women to legislative office. 38 
 L.R.A. 210. 
 
 Legislative days. 17 L.R.A. 66. 
 
 Signing bills as legislative act. 37 L.R.A. 
 391. 
 
 Validity of contract for services to procure 
 legislation. 30 L.R.A. 737; 4 L.R.A. 
 (N.S.) 213. 
 
 Validity of contract by municipal corpora- 
 tion or governmental body to pay for 
 services in promoting or defeating legis- 
 lation. L.R.A.1917B, 358. 
 
 Appropriation for expenses of legislative 
 committee to attend public function. 
 1 L.R.A. (N.S.) 409. 
 
 Suit for alimony after divorce by. 21 
 L.R.A. 679. 
 
 Necessity for legislative sanction to consol- 
 idation of corporations. 52 L.R.A. 370. 
 
 Extra session. 15 L.R.A. 847. 
 
 Power of governor as to adjournment of. 
 22 L.R.A. 716. 
 
 Need of legislative authority to empower 
 municipality to compel change of grade 
 of railway in street. 70 L.R.A. 850. 
 
 SOP DIVORCE AND SEPARATION, 3. 
 
 Consult also L.R.A. Digests of Cases. 52 
 
 2. Privilege of members. 
 
 Privileges of members as to service of proc- 
 ess. 23 L.R.A. 632.
 
 818 
 
 LEGISLATURE cont'd 
 
 77. Powers. 
 
 3. Generally. 
 
 Constitutional powers of, generally, see CON- 
 STITUTIONAL LAW. 
 
 Delegation of legislative power, see CONSTI- 
 TUTIONAL LAW, V. 
 
 Usurpation of powers of or by, see CONSTI- 
 TUTIONAL LAW, VI. 
 
 Local self government, see CONSTITUTIONAL 
 LAW, VII. 
 
 Power to pass statutes affecting rights of 
 persons and property, see CONSTITU- 
 TIONAL LAW, IX. 
 
 Power to pass ex post facto law, see CON- 
 STITUTIONAL LAW, 7. 
 
 Power to pass retrospective statute, see CON- 
 STITUTIONAL LAW, 8-10. 
 
 Power to abridge court's power to punish 
 for contempt, see CONTEMPT, 12. 
 
 Power of, over courts, see COUUTS, 13. 
 
 Power to grant pardon, see CRIMINAL LAW, 
 87. 
 
 Power as to licenses, see LICENSE, 13. 
 
 Legislative control over municipality, see 
 MUNICIPAL CORPORATIONS, 3-5. 
 
 Authority of, as defense against liability 
 for nuisance, see NUISANCES, 28, 29. 
 
 Implied restrictions on the power of. 17 
 
 L.R.A. 838. 
 Exception in constitutional prohibition as 
 
 limitation upon legislative power. 36 
 
 L.R.A.(N.S.) 73. 
 Power of state legislatures with respect to 
 
 naturalization. 30 L.R.A. 761. 
 Power of legislature, or branch thereof, to 
 
 appoint a committee to sit after close 
 
 of session. 10 L.R.A. (N.S.) 172; L.R.A. 
 
 1915E, 496. 
 Power of legislature to add to or vary the 
 
 constitutional method of selecting 
 
 judges. L.R.A.1916E, 834. 
 Power of legislature to prescribe subjects to 
 
 be taught in public schools. 47 L.R.A. 
 
 (N.S.) 200. 
 Legislative power to forbid marriage. 52 
 
 L.R.A. (N.S.) 778. 
 
 Power of legislative body to punish for con- 
 tempt. L.R.A.1917F, 288. 
 Power to repeal or amend initiative or 
 
 referendum legislation. 50 L.R.A. 
 
 (N.S.) 208; L.R.A.1917B, 24. 
 
 INDEX TO L.R.A. NOTES. 
 
 LENDERS. 
 
 Constitutionality of legislation as to, see 
 CONSTITUTIONAL LAW, 121. 
 
 License of, see LICENSE, 32. 
 
 Municipal control over money lenders, see 
 MUNICIPAL CORPORATIONS, 45. 
 
 LEGITIMACY. 
 
 See ILLEGITIMACY. 
 
 LEGITIMATION. 
 
 LETTERHEAD. 
 
 Matter in letterhead as part of contract or 
 as notice affecting the rights of the 
 parties. L.R.A.1916D, 1072. 
 
 LETTER OF CRED.IT. 
 
 What is. 7 L.R.A. 209.* 
 
 LETTER PRESS COPIES. 
 
 Competency of letter -press copy as standard 
 
 for comparison. 63 L.R.A. 438. 
 As originals. 12 L.R.A.(N.S.) 343. 
 
 Of illegitimate child, see ILLEGITIMACY, 3 
 Begin w?i7i this feoofc on every law question. 
 
 LETTERS. 
 
 Admissibility of, in evidence, see EVIDENCE, 
 137. 
 
 Of administration, see EXECUTORS AND AD- 
 MINISTRATORS, 9, 16. 
 
 Of credit, see LETTER OF CREDIT. 
 
 Common-law rights in respect to. 51 L.R.A. 
 360. 
 
 Forgery of letters of introduction. 1 L.R.A. 
 (N.S.) 730. 
 
 Time and place of consummating contract 
 when offer by letter is accepted by tele- 
 gram, or vice versa. 6 L.R.A. (N.S. ) 
 1016. 
 
 Sufficiency of letter as will. 15 L.R.A. 635 ; 
 17 L.R.A.(N.S.) 1126. 
 
 Unlawfulness of mailing obscene letters. 24 
 L.R.A. 112. 
 
 Injunction against publication of. 37 
 L.R.A.(N.S.) 944. 
 
 Duty of railroad to one who goes on station 
 grounds to mail. 24 L.R.A. (N.S.) 535. 
 
 Necessity of proof of genuineness of reply 
 letter. . 17 L.R.A. (N.S.) 229. 
 
 Larceny by abstracting money or other prop- 
 erty from letter given one to mail. 47 
 L.R.A.(N.S.) 852. 
 
 Presumption as to receipt of letter sent 
 through mail. 49 L.R.A. (N.S. ) p 458. 
 
 Time and place of consummation of contract 
 when offer by letter is accepted by tele- 
 gram or vice versa. L.R.A.1916A, 1302.
 
 INDEX TO L.R.A. NOTES. 
 
 819 
 
 LEVEES. 
 
 As public- improvement, see PUBLIC IM- 
 
 PBOVEMKNI'S, 6. 
 Right to condemn land for, see EMINENT 
 
 DOMAIN, 19. 
 
 What property other than realty may be 
 assessed for the construction and main- 
 tenance of levees. L.R.A.1917F, 1003. 
 
 Right to build. 25 L.R.A. 530. 
 
 Assessment for improvements made before 
 property was included within levee dis- 
 trict. 39 L.R.A. (N.S.) 543. 
 
 Right to compensation for property taken 
 or damaged in construction of. L.R.A 
 1916F, 1187. 
 
 Immunity of levee district from liability for 
 damages. L.R.A.1918B, 1010. 
 
 LEVY AND SEIZURE. 
 
 /. In general, 1. 
 II. What property subject, 2-7. 
 
 a. In general, 2-5. 
 
 b. Property in custody of law, 
 
 6, 7. 
 
 III. Mode and sufficiency, S, 9. 
 
 IV. Rights, duties, and liabilities grow- 
 
 ing out of levy, 1O-15. 
 V. Forthcoming bond, 16. 
 
 I. In general. 
 
 1. Generally. 
 
 As condition precedent to equitable remedy 
 of creditors, see CREDITOKS' BILL, 2. 
 
 Effect of death of one of parties after judg- 
 ment, see EXECUTION, 14. 
 
 Injunction against, see INJUNCTION, 42. 
 
 Sale of property levied on, see JUDICIAL 
 SALE. 
 
 Of assessment, see TAXES, IV. 
 
 Presumption as to time of alteration in 
 officer's writ. 39 L.R.A. (N.S.) 115. 
 
 Release of indorser of note from liability 
 by failure to levy execution against 
 maker. 18 L.R.A. (N.S.) 547. 
 
 Extension of time for levying execution as 
 discharge of surety. 5 L.R.A. (N.S.) 
 764. 
 
 Creditor's right to have satisfaction of judg- 
 ment canceled where the property levied 
 on, or its proceeds, is returned to the 
 debtor as exempt, or to a third person 
 who establishes a claim thereto. 11 
 L.R.A.(N.S.) 396. 
 
 II. What property subject, 
 a. In general. 
 
 .2. Generally. 
 
 What property exempt from levy, see EX- 
 EMPTIONS, 4-8. 
 
 Property subject to garnishment, see GAR- 
 NISHMENT, 10, 11. 
 
 Bills and notes, see BILLS AND NOTES, 4. 
 
 Growing crop, see CROPS, 3. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LEVY AND SEIZURE, II. a cont'd 
 Property held by the curtesy, see CUETEST, 
 
 4. 
 Intoxicating liquor, see INTOXICATING 
 
 LIQUORS, 39. 
 What property subject to judicial sale, see 
 
 JUDICIAL SALE, 6. 
 
 Pew. 22 L.R.A. 215. 
 
 Foreign railroad car. 64 L.R.A. 501 ; 16 
 L.R.A.(N.S.) 1026; L.R.A.1915D, 838. 
 
 Heating apparatus. 1 B. R. C. 986. 
 
 Liability of alimony for debts. 32 L.R.A. 
 (N.S.) 270. 
 
 Levy upon contents of .sealed package or 
 locked receptacle. 41 L.R.A.(N.S.) 764. 
 
 Right to levy legal process upon intoxicat- 
 ing liquors. 20 L.R.A. (N.S.) 1118. 
 
 Right of creditors to levy on insurance pol- 
 icy or its cash surrender value. 16 
 L.R.A. (N.S.) 318, 319. 
 
 Liability of promissory note to levy and 
 seizure under attachment or execution. 
 14 L.R.A. (N.S.) 1235. 
 
 Leasehold estate as subject of levy under 
 attachment or execution. 17 L.R.A. (N. 
 S.) 841; 29 L.R.A. (N.S.) 886. 
 
 Levy under execution against tenant on 
 fixtures placed by him on premises un- 
 der agreement for right of removal. 
 L.R.A.1915E, 829. 
 
 Statutory authority to levy on and sell 
 franchise and property of quasi public 
 corporation. 31 L.R.A. (N.S.) 639. 
 
 Liability of claim or interest in public land 
 for debts contracted before issuance of 
 a patent. 34 L.R.A. (N.S.) 405. 
 
 Right of creditors levying on goods sold for 
 cash but delivered without payment. 
 13 L.R.A. (N.S.) 697; 29 L.R.A. (N.S.) 
 709; 47 L.R.A. (N.S.) 173. 
 
 Right of one's creditors to make or control 
 election for or against a will, or be- 
 tween different provisions of a will or a 
 statute. 11 L.R.A. (N.S.) 379. 
 
 May provision in will for support of person 
 which is made a lien or charge upon 
 property devised or bequeathed to 
 others be reached by his creditors. 23 
 L.R.A. (N.S.) 526. 
 
 Option of cestui que trust to require a con- 
 veyance or otherwise terminate the 
 trust subjecting the same to the claims 
 of creditors. 25 L.R.A. (N.S.) 236. 
 
 Taking possession of chattels before levy as 
 curing failure to take possession im- 
 mediately upon sale. 28 L.R.A. (N.S.) 
 214. 
 
 Interest of vendee under an executory con- 
 tract for the purchase of real prop- 
 erty as subject of lien of judg- 
 ment, execution, or attachment 
 against him. L.R.A.1915B, 340. 
 
 3. Corporate stock and bonds. 
 
 Shares of stock in foreign corporation. 55 
 L.R.A. 796. 
 
 Validity of pledge or other transfer of cor- 
 porate stock when not made in corpo- 
 rate books as against executions. 20 
 L.R.A. (N.S.) 996.
 
 820 
 
 INDEX TO L.R.A. NOTES. 
 
 LEVY AND SEIZURE, II. a cont'd 
 Corporate bonds as subject of attachment 
 
 as tangible property. 36 L.R.A.(N.S.) 
 
 421. 
 
 4. Expectant and contingent interests 
 in real property. 
 
 General rule. 23 L.R.A. 642; 30 L.R.A.(N. 
 S.) 115. 
 
 Interest of an heir in his ancestor's lands. 
 23 L.R.A. 643. 
 
 Reversion, remainders, and executory de- 
 vises. 23 L.R.A. 643; 30 L.R.A. (N.S.) 
 115, 116, 118. 
 
 Right of dower. 23 L.R.A. 647; 30 L.R.A. 
 (N.S.) 117. 
 
 Tenancy by curtesy initiate. 23 L.R.A. 648; 
 30 L.R.A.(N.S.) 118. 
 
 5. Levy on partnership property for 
 debt of partner. 
 
 Possession. 46 L.R.A. 481. 
 
 What may be sold. 46 L.R.A. 485. 
 
 Levy on specific articles. 46 L.R.A. 487. 
 
 Trespass in making a levy. 46 L.R.A. 489. 
 
 Ascertaining the interest of the judgment 
 debtor. 46 L.R.A. 490. 
 
 Injunction against interfering with partner- 
 ship property. 46 L.R.A. 491. 
 
 Other equitable relief. 46 L.R.A. 494. 
 
 Pr.iority of firm creditors as against a levy 
 for an individual debt. 46 L.R.A. 494. 
 
 Real estate. 46 L.R.A. 494. 
 
 Executions against both partners. 46 
 L.R.A. 495. 
 
 Statutory provisions. 46 L.R.A. 496. 
 
 English and Canadian cases. 46 L.R.A. 498. 
 
 Individual property of one partner for fraud 
 of his copartner. 25 L.R.A. 645. 
 
 to. Property in custody of law. 
 
 6. Generally. 
 
 Money in court, see MONEY IN COUBT, 2. 
 
 Property in hands of receiver. 20 L.R.A. 
 
 392. 
 Right to attach fund in the hands of officer 
 
 of court after he has been ordered to 
 
 pay the same to the party. 13 L.R.A. 
 
 (N.S.) 758; 30 L.R.A.(N.S.) 720. 
 Attachment of proceeds of execution sale 
 
 in the hands of the sheriff. 43 L.R.A. 
 
 (N. S.) 571. 
 Seizure of property of individual under 
 
 judgment purporting to be against a 
 
 corporation, upon theory that there 
 
 was no such corporation. 45 L.R.A. 
 
 (N.S.) 189. 
 
 7. Property in hands of assignee for 
 creditors. 
 
 Valid assignments. 26 L.R.A. 593. 
 Proceeds of assigned property. 26 L.R.A. 
 
 593. 
 
 Choses in action. 26 L.R.A. 593. 
 Acknowledgment and record. 26 L.R.A. 
 
 594. 
 Acts of assignee qualifving inventorv. 26 
 
 L.R.A. 594. 
 
 Possession. 26 L.R.A. 594. 
 Estoppel. 26 L.R.A. 595. 
 
 Begin with this book on every law question. 
 
 LEVY AND SEIZURE, II. b cont'd 
 Fraudulent and void assignments. 2d 
 
 L.R.A. 595. 
 Statutory rights of assignee. 26 L.R.A. 
 
 596. 
 When assent of creditors is required. 26 
 
 L.R.A. 599. 
 Partnership assignments. 26 L.R.A. 600. 
 
 III. Mode and sufficiency. 
 
 8. Generally. 
 
 Irregularities in levy, as ground of injunc- 
 tion. 30 L.R.A. 136. 
 
 Conditions precedent to equitable remedies 
 of creditors as to property subject to 
 levy. 23 L.R.A. (N.S.) 26. 
 
 Right in action on forthcoming bond given 
 by execution debtor or .claimant to 
 question legality of levy or authority 
 of officer making it. 4 L.R.A. (N.S.) 
 1020. 
 
 Estoppel by giving forthcoming bond to 
 question legality of levy under execu- 
 tion. 51 L.R.A.(N.S.) 635. 
 
 Sufficiency of levy iipon, and custody of, 
 property in car or other vehicle of com- 
 mon carrier. L.R.A.1915F, 1184. 
 
 9. On crops. 
 
 Proper mode of levying on growing crop. 
 
 16 L.R.A. (N.S.) 1047. 
 Crops as personal property for purpose of 
 
 levy. 23 L.R.A. 258. 
 General doctrine. 23 L.R.A. 258. 
 Sufficiency of sheriff's possession. 23 L.R.A 
 
 259. 
 
 Position of the purchaser. 23 L.R.A. 259. 
 Crops held upon shares. 23 L.R.A. 260. 
 State decisions. 23 L.R.A. 261. 
 
 IV. Rights, duties, and liabilities grow- 
 ing out of levy. 
 
 10. Generally. 
 
 Measure of damages for wrongful levy, see 
 DAMAGES, 16a, 55. 
 
 Levy upon property as including subsequent 
 increase thereof. L.R.A.1917B, 944. 
 
 Right of creditors levying on goods sold for 
 cash but delivered without payment. 
 13 L.R.A.(N.S.) 705; 29 L.R.A. (N.S.) 
 709. 
 
 Taking property from bailee by legal pro- 
 ceeding as defense to him against bail- 
 or. 33 L.R.A. (N.S.) 689. 
 
 Levy of execution, on insured property as 
 change in interest, title or possession. 
 24 L.R.A.(N.S.) 803. 
 
 Removal by accused defendant of property 
 levied upon, as larceny. 41 L.R.A. (N. 
 S.) 553. 
 
 Admissibility of declarations of defendant 
 in execution or attachment proceedings 
 made while in possession against his 
 own interest and in favor of ownership 
 of claimant of property. 49 L.R.A. 
 (X.S.) 702. 
 
 Assault in resisting seizure of property un- 
 der process. L.R.A.1916B, 957.
 
 INDEX TO L.R.A. NOTES. 
 
 821 
 
 LEVY AND SEIZURE, IV. cont'd 
 
 11. Liability of officer issuing writ. 
 
 Liability of judicial officer for issuing at- 
 tachment. 14 L.R.A. 142; 44 L.R.A. 
 (N.S.) 172. 
 
 12. Duty and liability of officer mak- 
 ing levy. 
 
 Loss of profits as element of damages for 
 seizure under wrongful execution. 52 
 L.R.A. 57. 
 
 Sheriff's duty as to adverse claims to pro- 
 ceeds of judgments in his hands, except 
 in cases of rival executions. 47 L.R.A. 
 737. 
 
 Duty of sheriff to pursue property which 
 escapes from his custody. 32 L.R.A. 
 (N.S.) 132. 
 
 Liability of officer for larceny while acting 
 under writ of execution. 3 L.R.A. (N. 
 S.) 508. 
 
 Right to maintain action to recover prop- 
 erty in specie against officer who has 
 levied thereon. 18 L.R.A. (N.S.) 1272. 
 
 Effect of judgment establishing title to 
 property seized under execution, as 
 against officer making seizure, who was 
 not a party thereto. 14 L.R.A. (N.S.) 
 530. 
 
 Exemplary damages against officer, in ac- 
 tion for abuse of process in suing out 
 attachment for collection of debt. 29 
 L.R.A. (N.S.) 280. 
 
 Liability of officer levying writ on tenant's 
 goods or chattels for use of leased prem- 
 ises. 43 L.R.A. (N.S.) 528. 
 
 Liability of officer for destruction of, or 
 damage to, property seized under 
 writ or process. L.R.A. 1915A, 193. 
 
 13. Liability of creditors. 
 
 Under what circumstances the wrongful 
 levy of several attachments will render 
 attaching creditors jointly liable. 6 
 L.R.A. (N.S.) 598. 
 
 Right to maintain action to recover prop- 
 erty in specie against creditor while 
 property is in hands of levying officer. 
 18 L.R.A.(N.S.) 1274. 
 
 14. Effect of levy under void or void- 
 able judgment. 
 
 In general. 55 L.R.A. 280. 
 Right to replevy property from levying of- 
 ficer. 55 L.R.A. 281. 
 
 15. Loss of priority. 
 
 Of execution by consent of creditor to delay 
 or postponement of sale. 27 
 L.R.A. 374. 
 
 Waiver of lien of chattel mortgage by at- 
 tachment or execution. 24 L.R.A. (N. 
 S.) 490; 51 L.R.A. (N.S.) 1068. 
 
 Priority as between true owner and exe- 
 cution creditors of one in whose name 
 he has placed stock on the books of 
 the corporation. 49 L.R.A. (N.S.) 
 1159. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LEVY AND SEIZURE cont'd 
 
 V. Forthcoming bond. 
 
 16. Generally. 
 
 Effect of insertion of unauthorized provision 
 in. L.R.A.1917B, 1012. 
 
 Condition that forthcoming bond shall not 
 take effect until signed by others. 45' 
 LiR.A. 334. 
 
 Right, in suit on forthcoming bond given by 
 execution debtor or claimant, to ques- 
 tion the legality of the levy or the au- 
 thority of the officer making it. 4 
 L.R.A; (N.S.) 1020. 
 
 Right to maintain action to recover prop- 
 erty in specie against officer who has 
 restored property on forthcoming bond. 
 18 L.R.A. (N.S.) 1273. 
 
 Effect upon surety of judgment against 
 principal. 40 L.R.A.(N.S.) 746; L.R.A. 
 1918E, 814. 
 
 Estoppel by giving forthcoming bond to 
 question legality of levy under an 
 execution. 51 L.R.A. (N.S.) 635. 
 
 Effect of bond or receipt given to secure 
 surrender of property by officer as an 
 estoppel after it has been returned to 
 officer. L.R.A.1916F, 942. 
 
 LEWDNESS. 
 
 Actionability of charge of, see LIBEL AND 
 
 SLANDER, 12. 
 See also ADULTEEY; DISORDERLY HOUSES; 
 
 FORNICATION ; ILLICIT COHABITATION ; 
 
 INCEST ; LASCIVIOUS COHABITATION ; 
 
 LEWDNESS ; PROSTITUTION ; SEDUCTION. 
 
 Proof of corpus delicti in prosecution for. 
 
 68 L.R.A. 45. 
 Recovery for goods sold for use in aid of. 
 
 15 L.R.A. 835. 
 
 LEX FORI. 
 
 See CONFLICT OF LAWS. 
 
 LEX LOCI CONTRACTTJS. 
 
 See CONFLICT OF LAWS. 
 
 LEX LOCI SOLUTIONIS. 
 
 See CONFLICT OF LAWS. 
 
 LIBEL AND SLANDER. 
 
 I. In general, 1. 
 II. Who liable, 2-5. 
 
 a. In general, 2. 
 
 b. Responsibility for libel or 
 
 slander by another, 3-5.
 
 822 
 
 INDEX TO L.R.A. NOTES. 
 
 LIBEL AND SLANDER cont'd 
 ///. What actionable, 6-33. 
 
 a. In general, 6-9. 
 
 b. Charging lewdness, bad 
 
 character, crime, etc., 
 10-13. 
 
 c. Injury in business or pro- 
 
 fessional relations, 14- 
 2O. 
 
 d. Words about officials or can- 
 
 didates; as to campaign 
 funds, 21. 
 
 e. Privileged communications, 
 
 22-30. 
 
 1. In general, 22, 23. 
 
 2. In course of duties or 
 
 business, 24-27. 
 
 3. In judicial proceedings, 
 
 28-30. 
 
 f. Slander of title, 31. 
 
 g. Publication, 32, 33. 
 
 IV. Actions; defenses; justification, 
 34-44. 
 
 a. In general, 34. 
 
 b. Who may recover, 35, 36. 
 
 c. Defenses; justification, 
 
 37-39. 
 
 d. Pleading; evidence; prov- 
 
 ince of jury, 4O-44. 
 F. Criminal responsibility, 45. 
 
 I. In general. 
 
 1. Generally. 
 
 Damages for, see DAMAGES, 5 
 
 9, 16b, 56. 
 
 Sending defamatory matter through the 
 
 mails, see POSTOFFICE, 11. 
 As to right of privacy, see PBIVACT. 
 
 Right of action for, as asset in bankruptcy. 
 43 L.R.A. (N.S.) 942. 
 
 Testamentary libels. 49 L.R.A. (N.S.) 897. 
 
 Libel laws as infringement of freedom of 
 press. 32 L.R.A. 831. 
 
 Common-law rights of author of libelous 
 work. 51 L.R.A. 360. 
 
 Right to compel publisher of libel to dis- 
 close source of information. 12 L.R.A. 
 (N.S.) 630. 
 
 Injunction against publishing or circulat- 
 ing statements relative to industrial 
 disputes by labor union. 32 L.R.A. 
 (N.S.) 1013. 
 
 //. Who liable, 
 a. In general. 
 
 % 2. Generally. 
 
 Liability for libelous telegram, see TELE- 
 GRAPHS, see 23, 24. 
 
 Liability of insane person for libel or slan- 
 
 der. 
 85. 
 
 26 L.R.A. 154; 42 L.R.A. (N.S.) 
 
 Liability of telegraph company for handling 
 libelous message. 9 L.R.A. (N.S.) 140; 
 37 L.R.A.(N.S.) 861. 
 
 Criminal responsibility of corporation for. 
 2 B. R. C. 249. 
 
 Intoxication of defendant as affecting lia- 
 bility for libel or slander. 51 L.R.A. 
 (N.S.) 1198. 
 
 LIBEL AND SLANDER, II. cont'd 
 
 b. Responsibility for libel or slander by 
 another. 
 
 3. Generally. 
 
 Masters liability for slander by servant, 
 see MASTER AND SERVANT, 174. 
 
 Criminal liability for agent's act. 41 
 
 L.R.A. 653. 
 Liability of corporation for slander by an 
 
 agent or employee. 21 L.R.A. (N.S.) 
 
 873; L.R.A.1916E, 774; 6 B. R. C. 681. 
 Liability of officers of a corporation for its 
 
 libelous publications. 28 L.R.A. 427. 
 Liability of one who procures defamatory 
 
 testimony to be given. 4 B. R. C. 986. 
 
 4. Liability of newspaper proprietor, 
 manager or editor for libel pub- 
 lished without his knowledge or 
 consent. 
 
 Liability of proprietor. 26 L.R.A. 779. 
 Liabilitv of editor or manager. 10 L.R.A. 
 (N"S.) 332; L.R.A.1918F, 287. 
 
 5. Liability of husband and wife for 
 wife's libel or slander. 
 
 The common-law doctrine. 30 L.R.A. 521. 
 Effect of state legislation. 30 L.R.A. 522; 
 
 L.R.A.1915A, 491. 
 The question of the husband's presence and 
 
 coercion. 30 L.R.A. 526. 
 Joinder of parties and actions. 30 L.R.A. 
 
 527. 
 Necessity of service upon wife. 30 L.R.A. 
 
 529. 
 Effect of death pending action. 30 L.R.A. 
 
 529. 
 Husband and wife as witnesses. 30 L.R.A. 
 
 529. 
 Damages and evidence in mitigation. 30 
 
 L.R.A. 529. 
 Effect of a judgment in such cases. 30 
 
 L.R.A. 530. 
 Action on bail bond in such cases. 30 
 
 L.R.A. 530. 
 
 III. What actionable, 
 a. In general. 
 
 6. Generally. 
 
 Effect of stating the facts upon which charge 
 is made to limit the ordinary meaning 
 of the words used. L.R.A.1918F, 152. 
 
 Statements concerning property. 16 L.R.A. 
 243. 
 
 Right of action for statements affecting 
 value of personal property, other than 
 goods sold or manufactured, or of real 
 property, other than those relating to 
 title. 6 B. R. C. 509. 
 
 Words used as mere words of abuse. L.R.A. 
 1917D, 205. 
 
 Applying vile epithets to man. 28 L.R.A. 
 (N.S.) 85. 
 
 Defamation of deceased person. L.R.A. 
 1917C, 615. 
 
 Placing scurrilous or defamatory matter 
 upon outside covering of mail as offense 
 against postal laws. 33 L.R.A. (N.S. ) 
 800. 
 
 Begin iritJi this booTc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 823 
 
 LIBEL AND SLANDER, III. a cont'd 
 
 Laudatory or ironical article as libel. 4 
 L.R.A. (N.S.) 861. 
 
 Is article susceptible of libelous meaning 
 rendered nonlibelous by the fact that 
 it would not be understood in a libelous 
 sense by those acquainted with the 
 plaintiff. 18 L.R.A. (N.S.) 622. 
 
 Liability for refusing sacraments. L.R.A. 
 1916D, 374. 
 
 Comment upon public production as libel. 
 3 B. R. C. 503. 
 
 Defamation of occupants of house by im- 
 puting to it :. disorderly character. 
 48 L.R.A. (N.S.) 256. 
 
 Impugning claim or good faith of claimant. 
 L.R.A.1915E, 275. 
 
 Libel by falsely ascribing matter to another. 
 L.R.A.1917F, 1093. 
 
 Where "sting" is due to race or religious 
 prejudices or antagonisms. L.R.A. 
 1916E, 679. 
 
 7. Publication of photograph. 
 
 Libel by publication of photograph as that 
 of another person. 6 L.R.A. (N.S.) 919. 
 
 Publication of one's photograph in connec- 
 tion with scandalous matter concerning 
 another. 35 L.R.A. (N.S.) 595. 
 
 Right of action for use of photographs or 
 name for advertising purposes. 24 
 L.R.A. (N.S.) 991; 34 L.R.A. (N.S.) 
 1137; L.R.A.1915C, 839. 
 
 8. Expressions or comments without 
 misstating facts. 
 
 Rules and principles. 28 L.R.A. 667. 
 Illustrative cases. 28 L.R.A. 669. 
 
 9. Charging one with having negro 
 blood. 
 
 Insulting passenger by suggesting that he 
 belongs in colored compartment as an 
 actionable wrong. 32 L.R.A. (N.S.) 
 206. 
 
 Stating that a white person is a negro, or 
 of negro blood. 36 L.R.A. (N.S.) 974; 
 L.R.A.1916E, 679. 
 
 b. Charging lewdness, "bad character, 
 crime, etc. 
 
 10. Generally. 
 
 Imputing sedition or disloyalty. L.R.A. 
 
 1917D, 861. 
 Charges against character of public officer 
 
 or candidate. L.R.A.1918E, 21. 
 
 
 
 g 11. Crime. 
 
 Charging solicitation to crime. 25 L.R.A. 
 
 435. 
 
 Informal communication with respect to 
 criminal charge. 4 L.R.A. (N.S.) 149; 
 32 L.R.A. (N.S.) 740; L.R.A.1915E, 413. 
 
 Charge of blackmailing or extortion as ac- 
 tionable per se. 6 B. R. C. 481. 
 
 Imputation of crime to public officer or 
 candidate. L.R.A.1918E, 27. 
 
 8 12. Unchastity. 
 
 Actionable character of epithets that im- 
 pute immorality to a woman. 4 L.R.A. 
 (N.S.) 560. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LIBEL AND SLANDER, III. b cont'd 
 Slander and libel in charging woman with 
 
 unchastity. 24 L.R.A. (N.S.) 577; 48 
 
 L.R.A.(N'S.) 615. 
 Charging sexual intercourse with negroes. 
 
 L.R.A.19]6E, 679. 
 Truth of charge of adultery or fornication, 
 
 as a defense to a civil action for libel 
 
 or slander. 31 L.R.A. (N.S.) 146. 
 
 13. Bastardy. 
 
 Charging bastardy. 1 L.R.A. 599.* 
 
 c. Injury in business or professional 
 relations. 
 
 14. Generally. 
 
 Written charge with reference to plaintiff's 
 business. 4 L.R.A. (N.S.) 977. 
 
 Expressions or comments as to public pro- 
 fessional men without misstating facts. 
 28 L.R.A. 674. 
 
 Blacklisting dealer as libel. 49 L.R.A. 612; 
 8 L.R.A. (N.S.) 783. 
 
 Slander in charging woman with unchastity 
 causing loss of business. 24 L.R.A. (N. 
 S.) 598. 
 
 Charging one with exacting excessive com- 
 pensation for goods or services. 40 
 L.R.A.(N.S.) 79. 
 
 Disparaging quality of goods sold ur manu- 
 factured. 48 L.R.A. (N.S.) 1214. 
 
 Insinuation of misconduct by teacher with 
 pupils. 49 L.R.A.(N.S-) 1033. 
 
 Right to recover for slander or libel affect- 
 ing one in his business or professional 
 capacity, as affected by his own viola- 
 tion of law in respect thereof. 33 
 L.R.A.(N.S.) 90. 
 
 Liability to individual for general reflec- 
 tions upon the business in which such 
 individual is engaged. 5 L.R.A. (N.S.) 
 480. 
 
 Right of one not specially named to main- 
 tain action for libel or slander based on 
 charges against group to which he be- 
 longs. 23 L.R.A.(N.S.) 729; 25 L.R.A. 
 (N.S.) 382. 
 
 Right of corporation to maintain an action 
 for libel affecting its property. 52 
 L.R.A. 526. 
 
 Truth as defense to civil action for libel 
 or slander injurious to business. 31 
 L.R.A. (N.S.) 143; 50 L.R.A. (N.S.) 
 1043. 
 
 15. Criticism. 
 
 Criticisms of writings. 28 L.R.A. 670; 48 
 
 L.R.A.(N.S.) 1221. 
 Comment upon public production as libel. 
 
 3 B. R. C. 503. 
 Art criticism. 28 L.R.A. 672. 
 
 16. Charges affecting financial stand- 
 ing. 
 
 Measure of damages for libel or slander re- 
 flecting on integrity or responsibility of 
 merchant. 44 L.R.A. (N.S.) 351. 
 
 Oral charge of insolvency against a mer- 
 chant. 4 L.R.A. (N.S.) 973. 
 
 Is imputation of insolvency against lawyer 
 actionable per se. 3 B. R. C. 61.
 
 INDEX TO L.R.A. NOTES. 
 
 LIBEL AND SLANDER, III. c cont'd 
 
 Charging one with refusal to pay debt as. 
 3 L.R.A.(N.S.) 339; L.R.A.1915E, 455 
 
 Imputing to one not in business nonpay- 
 ment of debts or want of credit. 42 
 L.R.A.(N.S.) 515. 
 
 Stating that one has been sued or judgment 
 recovered against him. 51 L.R.A. 
 N.S.) 894. 
 
 By filing lien. 16 L.R.A. 625. 
 
 17. by mercantile agency. 
 
 Privilege as to, see infra, 26. 
 
 Giving one an indefinite rating, or refusal 
 to give any rating, in a mercantile 
 agency, as a libel. 25 L.R.A. (N.S.) 
 1021." 
 
 Stating that one has been sued or judg- 
 ment recovered against him. 51 L.R.A. 
 (N.S.) 894. 
 
 18. Imputing incompetency to phy- 
 sician. 
 
 Imputing incompetency to. 26 L.R.A. 325. 
 
 Right of physician to maintain action for 
 libel or slander based on charges 
 against group to which he belongs. 23 
 L.R.A.(N.S.) 729; 25 L.R.A. (N.S.) 
 382. 
 
 19. Against clergyman. 
 
 What words uttered concerning clergyman 
 are actionable per se. 28 L.R.A. ( N.S. ) 
 152; L.R.A.1917F, 551. 
 
 Expressions or comments without misstat- 
 ing facts. 28 L.R.A. 674. 
 
 20. As to character or reputation of 
 servant. 
 
 Privileged communication as to, see infra, 
 27. 
 
 Liability growing out of the giving or re- 
 fusing of information. 4 L.R.A. (N.S. ) 
 1092. 
 
 d. Words about officials or candidates; 
 as to campaign funds. 
 
 21. Generally. 
 
 Exoressions or comments without misstating 
 * facts. 28 L.R.A. 672. 
 
 Distinction between libel and slander, L.R.A. 
 1918E, 24. 
 
 Imputation of crime, L.R.A. 1918E, 27. 
 
 Qualifications; imputation of incapacity. 
 L.R.A.1918E, 27. 
 
 Imputation of misuse of public funds; em- 
 bezzlement. L.R.A.1918E, 29. 
 
 Lack of integrity; bribery; use of office for 
 profit of self or others; graft; corrup- 
 tion of voters; campaign funds. L.R.A. 
 1918E, 31. 
 
 Neglect of duties; nepotism; favoritism. 
 L.R.A.1918E, 35. 
 
 Intoxication; immorality; vulgarity. L.R.A. 
 1918E, 37. 
 
 Championship of unworthy causes, etc. 
 L.R.A.1918E, 37. 
 
 Oppression; brutality. L.R.A.1918E, 40. 
 
 Tampering with public records; falsehood. 
 L.R.A.1918E, 40. 
 
 Miscellaneous, L.R.A.1918E, 41. 
 
 LIBEL AND SLANDER, III. d cont'd 
 Imputing misconduct to judicial officer or 
 
 juror. L.R.A.1915D, 578. 
 Right of one not specially named to main- 
 tain action for libel or slander based 
 on charges made against group of mu- 
 nicipal officers to which he belongs. 23 
 L.R.A. (N.S.) 728. 
 
 e. Privileged communications. 
 1. In general. 
 
 % 22. Generally. 
 
 Communication to stenographer or copyist 
 as affecting privilege. L.R.A.1918F, 
 568. 
 
 Privilege of comment upon conduct of citi- 
 zen deemed to be acting in opposition 
 to public welfare. L.R.A.1917E, 516. 
 
 Civil liability of persons who join in a 
 petition addressed to public authorities. 
 L.R.A.1916D, 394. 
 
 Limitations of privilege of "fair comment" 
 on matters of public interest. 3 
 B. R. C. 473. 
 
 Privilege of statements by physician or 
 surgeon. 38 L.R.A. (N.S.) 69. 
 
 Privileged communication as to unchastitv 
 of woman. 24 L.R.A. (N.S.) 613; 48 
 L.R.A. (N.S.) 617. 
 
 Addition of extrinsic defamatory matter in 
 communicating report as effecting priv- 
 ilege. 36 L.R.A. (N.S.) 146. 
 
 Necessity that the plea of justification or 
 privilege correspond to the words im- 
 puted to the defendant by the com- 
 plaint. 28 L.R.A. (N.S.) 551. 
 
 Repetition of privileged statement as evi- 
 dence of malice. 42 L.R.A. (N.S.) 1109. 
 
 May malice, which will preclude qualified 
 privilege, be inferred from publication 
 alone. 12 L.R.A. (N.S.) 91. 
 
 Burden of showing good faith. 3 L.R.A. 
 (N.S.) 696. 
 
 Privilege in impugning claim or good faith 
 of claimant. L.R.A.1915E, 278. 
 
 Privilege of communications to relative of 
 person defamed. L.R.A. 1915A, 572. 
 
 Privilege as to communications made in re- 
 sponse to inquiries by person defamed. 
 46 L.R.A. (N.S.) 104. 
 
 Privilege as to words or publication relat- 
 ing to public officer or candidate for 
 office. L.R.A.1918E, 43. 
 
 Privilege of communications concerning one 
 who had made statements derogatory 
 to a public officer or *a candidate for 
 office. 43 L.R.A.(N.S.) 323. 
 
 23. Privilege as affected by extent of 
 publication. 
 
 Privilege as affected by extent of publica- 
 tion. 20 L.R.A.(N.S.) 361; L.R.A. 
 1915E, 131. 
 
 2. In course of duties or business. 
 
 24. Generally. 
 
 Qualified privilege of communication be- 
 tween members of an association or of a 
 private corporation. 26 L.R.A. (N.S.) 
 1080. 
 
 Begin with this booh on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 825 
 
 LIBEL AND SLANDER, III. e, 2 cont'd 
 
 Report of meeting of private corporation as 
 subject of privilege. 19 L.R.A. (N.S.) 
 862. 
 
 Privilege of communications between prin- 
 cipal and agent. 36 L.R.A. (N.S.) 449. 
 
 Privilege of gratuitous report on financial 
 responsibility and integrity. 42 L.R.A. 
 (N.S.) 520. 
 
 Privilege of attorney as to communication 
 regarding matters relating to the sub- 
 ject of his actual or prospective em- 
 ployment. L.R.A.1918B, 837. 
 
 Privilege of communications by or to school 
 authorities regarding conduct of pupil 
 or teacher. L.R.A.1917D, 784. 
 
 25. By public officers. 
 
 Reports of police officers as privileged com- 
 munications. 30 L.R.A. (N.S.) 315. 
 
 Privilege of school superintendent or other 
 officer in reporting to school authori- 
 ties upon character of teacher. 30 
 L.R.A.(N.S.) 200. 
 
 Privileged character of complaints to pub- 
 lic officer against subordinate. 27 
 L.R.A.(N.S.) 1041. 
 
 Official report by executive or administra- 
 tive officer. * 5 L.R.A.(N.S.) 163. 
 
 2G. By mercantile agencies. 
 
 Report of mercantile agency as a privileged 
 communication. 36 L.R.A. (N.S.) 452; 
 2 B. R. C. 215. 
 
 Privilege of reports of, as affected by ex- 
 tent of publication. 20 L.R.A. (N.S.) 
 366. 
 
 27. As to character or reputation of 
 servant. 
 
 Absolute privilege as a defense. 4 L.R.A. 
 
 (N.S.) 1104. 
 
 Qualified privilege. 4 L.R.A.(N.S.) 3105. 
 Privilege in cases where the statement was 
 
 made in compliance with a statutory 
 
 duty. 4 L.R.A.(N.S.) 1106. 
 Privilege in cases where the statement was 
 
 made in response to inquiries by third 
 
 persons. 4 L.R.A. (N.S.) 1106. 
 Privilege in cases where the statement was 
 made voluntarily. 4 L.R.A. (N.S.) 
 1107. 
 
 Circumstances under which statements are 
 ments are not privileged. 4 L.R.A. 
 (X.S.) 1111. 
 Privilege avoided by proof of express malice. 
 
 4 L.R.A. (N.S.) 1114. 
 Circumstances from which malice may be 
 
 inferred. 4 L.R.A. (N.S.) 1115. 
 Qualified privilege as to communications to 
 
 employer with respect to employee. 16 
 
 L.R.A.(X.S.) 1017. 
 
 3. In judicial proceedings. 
 
 28. Generally. 
 
 Libel or slander by judicial officer or juror. 
 
 L.R.A.1915E, 1051. 
 Privilege of informal communication with 
 
 respect to criminal charge. 4 L.R.A. 
 
 (N.S.) 149; 32 L.R.A.(N.S.) 740; 
 
 L.R.A.1915E. 413. 
 Consult also L.R.A. Digests of Cases. 
 
 LIBEL AND SLANDER, III. e, 3 cont'd 
 
 To what proceedings in court does privilege 
 of publication attach. 16 L.R.A. (N.S.) 
 953. 
 
 Privilege as to proceedings of grand jury. 
 32 L.*R.A.(N.S.) 785; L.R.A.1917F, 765. 
 
 Privilege as to proceedings for impeach- 
 ment or removal of public officers. 25 
 L.R.A. (N.S.) 455. 
 
 Privilege of defamatory statement made by 
 one attorney concerning another in 
 course of judicial proceedings. L.R.A. 
 1916E, 782. 
 
 Defamatory observations by judge as privi- 
 leged. 7 B. R. C. 241. 
 
 29. Words in pleadings. 
 
 Libel by defamatory words in pleading. 22 
 
 L.R.A. 649; 13 L.R.A. (N.S.) 820. 
 Is the publication of pleadings or other 
 
 papers, before any hearing has been 
 
 had thereon, privileged. 12 L.R.A. 
 
 (N.S.) 188; 38 L.R.A. (N.S.) 913; 52 
 
 L.R.A.(N.S.) 207. 
 
 30. Words used by witnesses. 
 
 Privilege of witness as to defamatory testi- 
 mony. 22 L.R.A. 836 ; 4 B. R. C. 945. 
 
 Privilege as to defamatory statements in 
 testimony or affidavits to be used 
 in progress of case. L.R.A. 1915C, 
 986. 
 
 /. Slander of title. 
 
 31. Generally. 
 
 To personal property. 13 L.R.A. 707. 
 Slander of quality of goods or property. 13 
 
 L.R.A. 707. 
 
 Charging infringement. 13 L.R.A. 707. 
 Malice as an element of cause of action. 
 
 13 L.R.A. 708. 
 Necessity of proving special damages. 13 
 
 L.R.A. 708. 
 
 g. Publication. 
 
 32. Generally. 
 
 Privilege as affected by extent of publica- 
 tion. 20 L.R.A.(N.S.) 361; L.R.A. 
 1915E, 131. 
 
 Communication to stenographer or copyist 
 as affecting publication. L.R.A.1918F, 
 568; 1 B. R. C. 455. 
 
 33. What constitutes. 
 
 Publication by aggrieved party making 
 known to third person contents of libel- 
 ous letter. 15 L.R.A. (N.S.) 1141. 
 
 Addressing letter to attorney or agent of 
 plaintiff as publication for purposes 
 of libel. 21 L.R.A. (N.S.) 33. 
 
 Communication to stenographer or clerk as 
 publication of libel. 1 B. R. C. 455. 
 
 Transmission of libelous matter by post- 
 card or telegraph as publication. 
 1 B. R. C. 464. 
 
 IF. Actions; defenses; justification, 
 a. In general. 
 
 34. Generally. 
 
 Measure of damages for, see DAMAGES, 9, 
 16b, 56.
 
 826 
 
 INDEX TO L.R.A. NOTES. 
 
 LIBEL AND SLANDER, IV. a cont'd 
 
 Venue of civil action for libel or slander. 
 L.R.A.191SF, 1026. 
 
 Validity of statutory provision for attor- 
 ney's fee. L.R.A.1915E. 948. 
 
 Publication in different editions or publica- 
 tions as distinct causes of action. 
 L.R.A.1916A, 1077. 
 
 Survival of cause of action and abatement, 
 and revival of action for libel and 
 slander upon death of party. 52 
 L.R.A.(N.S.) 1215. 
 
 Joinder of action against husband and wife 
 for wife's libel or slander. 30 L.R.A. 
 527. 
 
 Actions for libel or slander of a corporation. 
 52 L.R.A. 525. 
 
 Effect of failure to serve statutory notice 
 of libel, upon right to actual damages. 
 13 L.R.A.(N.S-) 525. 
 
 Right to open default as affected by charac- 
 .; ter of defense. L.R.A.1915F, 855. 
 
 It. Who may recover. 
 
 35. Generally. 
 
 Right of corporation to sue for. 52 L.R.A. 
 
 526; 2 L.R.A. fN.S.) 741. 
 Libel or slander of one person as ground of 
 action by another. 45 L.R.A. 
 (N.S.) 766. 
 Defamation of unnamed person. 48 L.R.A. 
 
 (N.S.) 355. 
 
 Defamation of occupants of house by im- 
 puting to it a disorderly character. 
 48 L.R.A.(N.S.) 256. ( 
 
 36. Unnamed member of group of 
 persons. 
 
 Liability to individual for general reflec- 
 tion upon the business in which he is 
 engaged. 5 L.R.A. (N.S.) 480. 
 
 Right of one not specially named to main- 
 tain action for libel or slander 
 based on charges made against a 
 class or group of persons to which 
 he belongs. 23 L.R.A. (N.S.) 726; 
 25 L.R.A. (N.S.) 382; 42 L.R.A. 
 (N.S.) 870. 
 
 c. Defenses; justification. 
 
 37. Generally. 
 
 Effect of mistake, see MISTAKE, 17. 
 
 Right to open default as affected by char- 
 acter of defense. L.R.A.1916F," 855. 
 
 Intoxication of defendant as defense to 
 liability for libel or slander. 51 L.R.A. 
 (N.S.) 1199. 
 
 Instigation of criminal libel as a defense to 
 prosecution. 30 L.R.A. (N.S.) 953. 
 
 38. Truth as defense. 
 
 Generally. 21 L.R.A. 502; 31 L.R.A. (N.S.) 
 
 132; 50 L.R.A.(N.S.) 1040. 
 Effect of motives and reasons. 21 L.R.A. 
 
 503. 
 Effect of pardon or discharge. 21 L.R.A. 
 
 503; 31 L.R.A.(N.S.) 147. 
 Justification as to the whole of the charge. 
 
 21 L.R.A. 504. 
 
 LIBEL AND SLANDER, IV. c cont'd 
 Justifying as to the imputation. 21 L.R.A. 
 
 506. 
 Justification by giving the particulars. 21 
 
 L.R.A. 507. 
 Justification as to the identitv of the of- 
 
 fense charged. 21 L.R.A. 508. 
 Criminal prosecutions for libel. 21 L.R.A. 
 
 509. 
 State, constitutional, and statutory provi- 
 
 sions. 21 L.R.A. 512; 31 L.R.A. (N.S.) 
 
 135. 
 Character and sufficiency of proof. 31 
 
 L.R.A.(N.S.) 136; 50 L.R.A. (N.S.) 
 
 1041. 
 Pleading and proving. 21 L.R.A. 511; 31 
 
 L.R.A. (N.S.) 138; 50 L.R.A.(N.S.) 
 
 1024. 
 
 39. Mutual vituperation or defama- 
 
 tion as affecting remedy. 
 Libel. 28 L.R.A. 721. 
 Slander. 28 L.R.A. 724. 
 Time and connection of charges. 28 L.R.A. 
 724. 
 
 d. Pleading; evidence; province of 
 jury. 
 
 40. Pleading. 
 
 Pleading truth as defense. 
 
 21 L.R.A. 511; 
 
 Begin \cith tins ftoofc on every law question. 
 
 31 L.R.A.(N.S.) 138; 50 L.R.A. (N.S.) 
 1042. 
 Right to plead inconsistent defenses in ac- 
 
 tions for. 48 L.R.A. 201. 
 Pleading in action for defamation of un- 
 named person. 48 L.R.A. (N.S.) 
 361. 
 
 41. Evidence. 
 
 Sufficiency of evidence, see EVIDENCE, 314. 
 
 Husband and wife as witnesses in action 
 
 against them for libel or slander by 
 
 wife. 30 L.R.A. 529. 
 Proof of truth set up as defense. 21 L.R.A. 
 
 511; 31 L.R.A.(N.S.) 138; 50 L.R.A. 
 
 (N.S.) 1041. 
 Admissibility of evidence in action for 
 
 defamation of unnamed person. 48 
 
 L.R.A.(N.S.) 363. 
 Evidence in mitigation in action against 
 
 husband and wife for wife's slander or 
 
 libel. 30 L.R.A. 529. 
 Admissibility of opinion of witness as to 
 
 damaging effect of libel or slander. 35 
 L.R.A.(N.S.) 1119. 
 Opinions of witnesses as to identity of per- 
 
 son referred to. 48 L.R.A.(N.S.) 364. 
 Right of one to testify as to his intent. 23 
 
 L.R.A. (N.S.) 392. 
 Necessity that plea of justification or privi- 
 
 lege correspond to words imputed to de- 
 
 fendant by complainant. 28 L.R.A. 
 
 (N.S.) 551. 
 
 42. presumption and burden of 
 proof. 
 
 May malice which will preclude qualified 
 privilege be inferred from publication 
 alone. 12 L.R.A. (N.S.) 91.
 
 INDEX TO L.R.A. NOTES. 
 
 LIBEL AND SLANDER, IV. d cont'd 
 
 Circumstances from which malice may be 
 inferred by giving or refusing informa- 
 tion as to character or reputation of 
 servant. 4 L.R.A. (N.S.) 1115. 
 
 Burden of showing good faith in making 
 privileged communication. 3 L.R.A. 
 (N.S.) 696. 
 
 Effect of admission to change burden of 
 proof and right to open and close in 
 action for libel. 61 L.R.A. 538, 547, 
 556. 
 
 As to privilege of witness with respect to 
 defamatory testimony. 4 B. R. C. 945. 
 
 43. in criminal prosecution. 
 
 Proof of corpus delicti in prosecution for. 
 
 68 L.R.A. 77. 
 Evidence of other crime in prosecution for. 
 
 62 L.R.A. 230. 
 
 44. Province of jury. 
 
 See TRIAL, 38. 
 
 V. Criminal responsibility. 
 
 45.. Generally. 
 
 Evidence in criminal prosecution, see supra, 
 43. 
 
 Master's liability for libel by servant. 43 
 L.R.A. (N.S.) 37. 
 
 Criminal responsibility of corporation for 
 libel. 2 B. R. C. 249. 
 
 Criminal action for libel or slander of cor- 
 poration. 52 L.R.A. 529. 
 
 Criminal liability for agent's act. 41 L.R.A. 
 653. 
 
 Prosecution for criminal slander in imput- 
 ing want of chastity to woman. 48 
 L.R.A.(N.S.) 618. 
 
 Venu6 of offense of libel. 49 L.R.A. (N.S.) 
 941. 
 
 Truth as a defense in criminal prosecution 
 for libel. 2] L.R.A. 509: 31 L.R.A. 
 (N.S.) 132; 50 L.R.A. (N.S.) 1040. 
 
 Instigation of criminal libel as defense to 
 prosecution. 30 L.R.A. (N.S.) 953. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 573 ; L.R.A.1915C, 570. 
 
 LIBERAL CONSTRUCTION, j 
 
 Of statutes, see STATUTES, 26. 
 
 * 
 
 LIBERTY. 
 
 Constitutional restraint on, see CONSTITU- 
 TIONAL LAW, IX. 
 
 Constitutional freedom of speech and of the 
 press, see CONSTITUTIONAL LAW, IX. h. 
 
 As to imprisonment, see IMPRISONMENT. 
 
 LIBERTY POLE. 
 
 Municipal liability for injury by liberty 
 
 pole in street. 20 L.R.A. (N.S.) 607. 
 Consult also L.R.A. Digests of Cases. 
 
 LIBRARY. 
 
 Exemption from taxation when not includ- 
 ed eo nomine in exemption statute. 24 
 L.R.A. (N.S.) ]205. 
 
 Effect on exemption from taxation of fact 
 that library otherwise exempt is de- 
 voted to purposes of particular society. 
 16 L.R.A. (N.S.) 850. 
 
 Diversion of property donated for public 
 library to other uses. 45 L.R.A. (N.S.) 
 368. 
 
 LICENSE. 
 
 I. From private persons, 1-11. 
 
 a. In general, 1-9. 
 
 b. Revocation; forfeiture, 
 
 10, 11. 
 
 II. From public; of right to do busi- 
 ness, 12-49. 
 
 a. In general, 12-16. 
 
 b. Revocation, 1"7, IS. 
 
 c. On what business, occupa- 
 
 tion, etc., 19-45. 
 
 d. Uniformity and equality; 
 
 discrimination, 46, 46a. 
 
 e. Amount; grading of fee, 
 
 47-49. 
 
 I. Front private persons, 
 a. In general. 
 
 1. Generally. 
 
 To maintain dam, see DAMS, 2. 
 
 To use railroad property, see RAILBOADS, 
 
 8. 
 
 Effect of license to cut timber to pass title 
 to the same. 47 L.R.A. (N.S.) 877. 
 
 License to discharge water, snow, or ice 
 from roof upon premises of adjoining 
 owner. L.R.A.1916A, 696. 
 
 Right to compensation for railroad struct- 
 ure placed by licensee on land before 
 condemnation. 66 L.R.A. 45. 
 
 Relation between a licensor and the serv- 
 ants of the licensee. 37 L.R.A. 65. 
 
 Membership in association as condition of 
 right to transact particular kind of 
 business. 6 L.R.A. (N.S.) 433. 
 
 Effect of license to commit a breach of a 
 condition subsequent with respect to 
 real property, or the waiver of a past 
 breach thereof, to extinguish the condi- 
 tion. 11 L.R.A. (N.S.) 398. 
 
 Right to compensation of licensee of land 
 taken in condemnation proceedings. 21 
 L.R.A. 219. 
 
 Does subsequent wrongful act by one who 
 enters premises under license from 
 owner or occupier make him a tres- 
 passer ab initiof 27 L.R.A. (N.S.) 442. 
 
 2. What constitutes. 
 
 Interest of owner in burial lots as. 67 
 L.R.A. 120; L.R.A.1918A, 147. 
 
 Oral sale of standing timber as a license. 
 19 L.R.A. 722.
 
 828 
 
 INDEX TO L.R.A. NOTES. 
 
 LICENSE, I. a cont'd 
 
 Ticket to place of amusement as. L.R.A. 
 
 1916E, 253. 
 Theatre ticket as a license. 1 L.R.A. (N.S.) 
 
 1184; 43 L.R.A.(N.S.) 961. 
 Distinguished from lease. 18 L.R.A. 491. 
 When instrument creating right in minerals 
 
 in land is to be regarded as a lease, 
 
 as distinguished from a license. 26 
 
 L.R.A.(N.S.) 614. 
 
 3. To use patent or patented article. 
 
 License of employer by employee, to use lat- 
 ter's inventions. 5 L.R.A. (N.S.) 1181. 
 
 Master's license to use thing patented by 
 servant. 2 L.R.A. (N.S.) 1176. 
 
 Right to sell, after expiration of license, 
 articles manufactured under license 
 from patentee. 43 L.R.A. (N.S.) 142. 
 
 Right of licensee to make alterations in 
 patented article. 3 B. R. C. 337. 
 
 4. As to waters and water rights. 
 
 To pollute waters. 48 L.R.A. 705. 
 
 To dam back water of stream. 59 L.R.A. 
 836. 
 
 Right of licensee to sue for injury by 
 damming back water of stream. 59 
 L.R.A. 899. 
 
 Nature and extent of right created by priv- 
 ate grant of fishing license. 40 L.R.A. 
 (N.S.) 299. 
 
 5. Liability of licensee. 
 
 Liability of railroad licensee to its servant 
 for condition of track. 6 L.R.A. 
 (N.S.) 787. 
 
 6. Liability for acts of licensee. 
 
 Liability for work of independent contract- 
 or performed under license. 14 L.R.A. 
 834. 
 
 7. liability of railroad company. 
 
 Liability of owner of railroad for injury 
 caused by negligence of another com- 
 pany using road under license. 44 
 L.R.A. 737; L.R.A.1918E, 255. 
 
 Liability of railroad company for injury 
 to one riding on train run over its 
 tracks by another company under li- 
 cense through negligence of licensee. 
 36 L.R.A. (N.S.) 887. 
 
 8. liability of municipality. 
 
 Municipal liability for defect or obstruction 
 in street by person under a license 
 from the city. 20 L.R.A. (N.S.) 547. 
 
 Liability of municipality licensing nuis- 
 ance. 32 L.R.A.(N.S.) 895. 
 
 Municipal notice or knowledge of nuisance 
 in highway created under license. 20 
 L.R.A. (N.S.) 705. 
 
 9. Liability for injury to licensee. 
 
 Liability for injury to, generally, see 
 
 NEGLIGENCE, 20-23a. 
 On elevator, see ELEVATORS, 4. 
 On railroad track, see RAILROADS, VII. 
 
 Begin irilh Uiit* book on every laiv question. 
 
 LICENSE, I. a cont'd 
 
 Liability of owner of elevator for injury to 
 
 15 L.R.A. (N.S.) 402. 
 Liability for injury to trespasser or bare 
 
 licensee at station by train. 41 L.R.A.. 
 
 (N.S.) 162. 
 Liability of lessor for injuries to. L.R.A. 
 
 1916F, 1132. 
 
 b. Revocation; forfeiture. 
 
 10. Generally. 
 
 Right to revoke so-called license which is in 
 nature of lease. 1 L.R.A. (N.S.) 359. 
 
 Trespass against licensee in possession 
 after revocation of license. 28 L.R.A. 
 519. 
 
 Time for removal of building after revoca- 
 tion of parol license. 2 L.R.A. (N.S. } 
 3002. 
 
 Forfeiture of license by aiding infringement 
 of, or attempt to defeat patent. 37 
 L.R.A.(N.S.) 821. 
 
 11. After licensee has incurred ex- 
 pense. 
 
 Revocability of license to maintain -a bur- 
 den on land, after the licensee has 
 incurred expense. 49 L.R.A. 497 ; 
 19 L.R.A. (N.S.) 700; 25 L.R.A. 
 (N.S.) 727. 
 
 Effect of incurring expense upon parol li- 
 cense to drain water onto one's prop- 
 erty. 6 L.R.A.(N.S.) 154. 
 
 Compensation upon revocation of license 
 with respect to real property. 44 
 L.R.A. (N.S.) 557. 
 
 71. From public; of right to do business* 
 a. In general. 
 
 12. Generally. 
 
 As interference with commerce, see COM- 
 MERCE, 18. 
 
 Constitutional power to regulate business- 
 and occupation generally, see CONSTI- 
 TUTIONAL LAW, 39-176. 
 
 For sale of liquors, see INTOXICATING 
 LIQUORS, III. 
 
 Marriage license, see Marriage, 5. 
 
 Municipal control of generally, see MU- 
 NICIPAL CORPORATIONS, 42-50. 
 
 Recovery back of license fee paid, see As- 
 SUMPSIT, 9. 
 
 Effect of devise or bequest of business to 
 pass license. L.R.A.1917D, 439. 
 
 Constitutionality of statute making license, 
 occupation, or privilege tax a lien on 
 real property owned by one other than 
 the person assessed. 20 L.R.A. (N.S.) 
 42. 
 
 May a municipal corporation question the 
 validity of an ordinance or license un- 
 der which a business is being conduct- 
 ed, in a prosecution for carrying on 
 such business. 21 L.R.A. (N.S.) 299. 
 
 Taxation of business or occupation of a 
 public service corporation and taxation 
 of its franchises or right to occupy the 
 streets as double taxation. 28 L.R.A. 
 (N.S.) 221.
 
 INDEX TO L.R.A. NOTES. 
 
 829 
 
 LICENSE, II. a cont'd 
 
 Privilege or occupation tax on rights is- 
 suing out of or connected with real 
 property as a property tax within the 
 constitutional provision. L.R.A.1918C, 
 898. 
 
 Effect of violation of law taxing occu- 
 pations on validity of fire insurance. 
 40 L.R.A. 848. 
 
 Requisites of special verdict in prosecution 
 for violation of license law. 24 L.R.A. 
 (N.S.) 15. 
 
 Criminal responsibility of corporation for 
 offenses against statutes for licensing 
 occupations. 2 B. R. C. 250. 
 
 Federal courts following state decisions as 
 to validity of license ordinance. 40 
 L.R.A. (N.S.) 442. 
 
 Applicability of license statute or ordinance 
 to one who is not in the general prac- 
 tice of a profession or trade, but is em- 
 ployed exclusively by another. L.R.A. 
 1938D, 287. 
 
 13. Power as to generally. 
 
 Delegation of municipal power as to. 20 
 L.R.A. 721. 
 
 Eight to delegate power to impose license 
 fee on vehicle for use of street. 36 
 L.R.A. 410. 
 
 Authority of municipality to impose license 
 fee on vehicle for use of streets. 
 36 L.R.A. 413. 
 
 Power of city to extend exercise of taxing 
 or licensing power beyond the corpo- 
 rate limits. 15 L.R.A.(N.S-) 294; 
 L.R.A.1918C, 528. 
 
 Power of municipality over interurban vehi- 
 cles used for hire. L.R.A.1918B, 891. 
 
 Power of municipality to make constituent 
 elements or operations of a business 
 independent subjects of license tax. 5 
 L.R.A. (N.S.) 619. 
 
 14. Effect of license generally. 
 
 Exemption of street railway from paving 
 assessment on payment of license fees. 
 46 L.R.A. 197. 
 
 License to engage in profession or occu- 
 pation as creating a vested right to 
 continue in same. 8 L.R.A. (N.S.) 
 1272. 
 
 Effect of license to commit nuisance. 36 
 L.R.A. 609. 
 
 Effect of legislative license to use highway 
 on abutter's right to compensation for 
 railroad in street. 36 L.R.A. (N.S.) 
 686. 
 
 15. Effect of failure to procure or 
 pay for license. 
 
 Validity of contract by unlicensed person, 
 
 see CONTRACTS, 74. 
 Failure of physician to procure license, see 
 
 PHYSICIANS AND SURGEONS, 9. 
 
 Right to kill unlicensed dogs. 15 L.R.A. 
 
 249. 
 Consult also L.R.A. Digests of Cases. 
 
 LICENSE, II. a cont'd 
 Operating automobile on highway without 
 .a license. 23 L.R.A. (N.S.) 561; 25 
 
 L.R.A. (N.S.) 734; 35 L.R.A. (N.S.) 
 
 699; 41 L.R.A. (N.S.) 308; 52 L.R.A. 
 
 (N.S.) 801; L.R.A.1916D, 628; L.R.A. 
 
 1916E, 1225. 
 Extent of restriction on right of unlicensed 
 
 person to transact legal business. 24 
 
 L.R.A. (N.S.) 750. 
 Right of unlicensed person to recover for 
 
 services performed by licensed one. 2 
 
 L.R.A.(N.S.) 392; 21 L.R.A.(N.S.) 
 
 176. 
 Effect of loan agent's failure to procure 
 
 license. 1 L.R.A. (N.S.) 1159. 
 
 16. liability of agent or employee. 
 
 Liability of agent or employee in case li- 
 cense tax is not paid by employer. 12 
 L.R.A.(N.S.) 946; L.R.A.1915A, 106. 
 
 b. Revocation. 
 
 17. Generally. 
 
 License of foreign corporation, see CORPO- 
 RATIONS, 141. 
 
 Of physician's license, see PHYSICIANS AND 
 SURGEONS, 10. 
 
 Of teacher's license, see SCHOOLS, 14. 
 
 Revocation of license of interstate tele- 
 graph and telephone companies. 24 
 L.R.A. 165. 
 
 Interference by court with revocation of 
 teacher's license. 15 L.R.A. (N.S.) 
 1148. 
 
 Revocation of license of foreign insurance 
 company on account of removal of ac- 
 tion to Federal court. 1 L.R.A. (N.S.) 
 1019. 
 
 Revocation of municipal license for build- 
 ing. 1 L.R.A.(N.S.) 458. 
 
 Right to revoke a license from the public 
 without notice or hearing. 13 L.R.A. 
 (N.S.) 894. 
 
 For moving picture show. 40 L.R.A. 
 (N.S.) 194. 
 
 Of license for operation of jitney bus. 
 L.R.A.1916B, 1158. 
 
 18. Power to revoke license. 
 
 Effect of expenditure of money in reliance 
 upon license from the public, to pre- 
 vent revocation thereof in the interest 
 of public health. 9 L.R.A. (N.S.) 733. 
 Power of municipality to revoke license to 
 carry on business. 35 L.R.A. 
 (N.S.) 716. 
 
 c. On what business, occupation, etc. 
 
 19. Generally. 
 
 License tax on dogs, see ANIMALS, 19. 
 Of attorneys, see Attorneys, 6. 
 Of broker, generally, see BROKERS, 7. 
 Of dentist, see DENTISTS. 
 Of innkeeper, see INNKEEPERS, 2. 
 To school teacher, see SCHOOLS, 13, 14. 
 To physician, see PHYSICIANS AND SUB- 
 GEONS, 8-10. 
 License tax on dogs, see ANIMALS, 19.
 
 830 
 
 INDEX TO L.R.A. NOTES. 
 
 LICENSE, II. e cont'd 
 For sale of intoxicating liquors, see IN- 
 TOXICATING LIQUORS, 9-16. 
 For keeping stallions, see STALLIONS, 2. 
 
 License tax on purchasers of tax titles. 47 
 
 L.R.A.(N.S.) 1078. 
 Of public buildings for private purposes. 
 
 33 L.R.A. 118. 
 To cut timber on public land. 70 L.R.A. 
 
 900. 
 Constitutionality of Blue Sky Laws. L.R.A. 
 
 1917F, 524. 
 
 20. Illegal business. 
 
 Power of consul to license illegal acts. 45 
 L.R.A. 500. 
 
 Liability for privilege tax on illegal busi- 
 ness or business illegally conducted. 22 
 L.R.A.(N.S.) 949. 
 
 21. Architects. 
 
 Regulation of architects. 36 L.R.A. (N.S.) 
 1203. 
 
 Validity of contract by unlicensed archi- 
 tect. 12 L.R.A. (N.S.) 614. 
 
 2 la. Auctioneers. 
 
 Discrimination against nonresidents by 
 statute or ordinance imposing license 
 tax on auctioneers. 40 L.R.A. (N.S.) 
 290. 
 
 22. Automobiles. 
 
 License on automobiles. 1 L.R.A. (N.S.) 
 215. 
 
 Validity of exercise or license tax upon 
 automobiles. 37 L.R.A. (N.S.) 440; 52 
 L.R.A.(N.S.) 949; L.R.A.1915D, 322. 
 
 Motorcvcle as a motor vehicle within stat- 
 ute. 21 L.R.A.(N.S.) 41. 
 
 Operating automobile on highway without 
 license. 23 L.R.A. (N.S.) 561; 25 
 L.R.A. (N.S.) 734; 35 L.R.A.(N.S.) 
 699; 41 L.R.A.(N.S.) 308; 52 L.R.A. 
 (N.S.) 801; L.R.A.115D, 628; L.R.A. 
 1916E, 1225. 
 
 22a. Barbers. 
 
 Validity and effect of license tax on barb- 
 ers. 40 L.R.A.(N.S.) 637. 
 
 22b. Boarding or lodging houses, or 
 restaurants. 
 
 Power to impose, generally. L.R.A. 1915B, 
 1097. 
 
 Vesting power in board or in commis- 
 sioners. L.R.A.1915B, 1100. 
 
 Effect of imposition of other tax. L.R.A. 
 1915B, 1100. 
 
 Reasonableness and classification. L.R.A. 
 1915B, 1100. 
 
 Violation of provision against special or 
 local laws. L.R.A.1915B, 1101. 
 
 23. Dance hall; dancing. 
 
 Requiring license for dance hall or place 
 where dancing is taught. 27 L.R.A. 
 (N.S.) 357; 51 L.R.A.(N.S.) 1009. 
 
 Begin icith ttiis ftoofc on every law question. 
 
 LICENSE, II. c ont'd 
 
 24. Disorderly houses. 
 
 Unlawfully issuing license for disorderly 
 house as keeping same. 29 L.R.A. 
 (N.S.) 721. 
 
 24a. Draymen. 
 
 See infra, 43. 
 
 24b. Druggists. 
 
 See DRUGS AND DRUGGISTS, 3. 
 
 25. Electricians and electrical work. 
 
 Power of municipality to regulate elec- 
 tricians and installation of electrical 
 work. 36 L.R.A.(N.S.) 78. 
 
 26. Employment agencies. 
 
 Police power to license employment agen- 
 cies. 2 L.R.A. (N.S.) 859; 21 L.R.A. 
 (N.S.) 263; L.R.A.1916E, 1150. 
 
 27. Ferries. 
 
 To establish ferry. 59 L.R.A. 515; L.R.A. 
 1916D, 832. 
 
 License fees from ferry. 59 L.R.A. 533. 
 
 Power of state or municipality to impose 
 license tax on international or inter- 
 state ferries. 52 L.R.A.(N.S.) 574. 
 
 28. Fish; shell fish; oysters. 
 
 Of right to fish. 60 L.R.A. 505. 
 
 Effect of license to plant shell fish. & 
 
 L.R.A. (N.S.) 247. 
 Of right to take oysters in public waters. 
 
 60 L.R.A. 517. 
 
 29. Foreign corporations. 
 
 On foreign corporation. 24 L.R.A. 293. 
 On foreign insurance companies. 24 L.R.A. 
 
 299. 
 Discrimination against foreign corporations 
 
 by statute or ordinance imposing 
 
 license or occupation tax. 40 L.R.A. 
 
 (N.S.) 289. 
 Revocation of license for removal of action 
 
 to Federal court. 1 L.R.A. (N.S.) 
 
 1019. 
 Withdrawal or attempted withdrawal of 
 
 foreign corporations as affecting power 
 
 of state to exact a privilege tax. 
 
 L.R.A.1916C, 577. 
 
 30. Importers. 
 
 Invalidity of license tax on importer. 11 
 L.R.A. 180. 
 
 30a. Jitney busses. 
 
 Necessity of license to operate jitney bus. 
 
 L.R.A.1918B, 914; L.R.A.1918F, 475. 
 License fee as occupation tax. L.R.A. 
 
 1915F, 842. 
 
 31. Junk, second hand goods, etc. 
 
 Municipal control of. generally, see MU- 
 NICIPAL CORPORATIONS, 48. 
 
 Power to regulate traffic in rags, second- 
 hand articles, and junk. 32 L.R.A. 
 116; 24 L.R.A. (N.S.) 1168.
 
 INDEX TO L.R.A. NOTES. 
 
 831 
 
 LICENSE, II. c cont'd 
 
 Power of municipality to require separate 
 license for each kind of second-hand 
 goods dealt in. 5 L.R.A.(N.S.) 620. 
 
 32. Loans; loan brokers. 
 
 Municipal control of, generally, see MU- 
 NICIPAL CORPORATIONS, 45. 
 
 Validity of contract by unlicensed money 
 
 lender. 12 L.R.A/(N.S.) 616; L.R.A. 
 
 1915B, 851. 
 Effect of loan agent's failure to procure 
 
 license. 1 L.R.A.(N.S.) 1159. 
 Are persons engaged in loaning their own 
 
 money loan brokers within license 
 
 regulations. 25 L.R.A. (N.S.) 748. 
 Validity of license on business of lending 
 
 money as affected by amount of license 
 
 fee. 25 L.R.A. (N.S.) 583. 
 
 8 32a. Lodging houses. 
 See supra, 22b. 
 
 33. Markets. 
 
 Municipal control of, generally, see MU- 
 NICIPAL CORPORATIONS, 44. 
 
 Requiring license for sales in market. 24 
 L.R.A. 584. 
 
 34. Milk. 
 
 Requiring license for sale of milk. 1 
 L.R.A.(N.S.) 936; 27 L.R.A. (N.S.) 
 1151; L.R.A.1917C, 245. 
 
 34a. Moving picture show. 
 
 Municipal control of, generally, see MU- 
 NICIPAL CORPORATIONS, 46. 
 
 For moving picture show. 40 L.R.A. (N.S.) 
 193. 
 
 8 35. Peddlers and hawkers. 
 
 Delegation of municipal power as to license 
 of. 20 L.R.A. 724. 
 
 Who is a peddler or hawker. L.R.A. 1916B, 
 1293. 
 
 Requiring license for sale of milk. 1 L.R.A. 
 (N.S.) 936; 27 L.R.A.(N.S.) 1151; 
 L.R.A.1917C, 245. 
 
 Validity of contract by unlicensed peddlers. 
 12 L.R.A. (N.S.) 616. 
 
 Validity of ordinance regulating conduct of 
 licensed street hucksters or peddlers. 
 8 L.R.A. (N.S.) 304. 
 
 Validity of license or occupation tax on 
 hawkers and peddlers and persons en- 
 gaged in soliciting orders by sample or 
 otherwise as an exercise of the police 
 power. 19 L.R.A. (N.S.) 301; 28 
 L.R.A. (N.S.) 265. 
 
 Validity of license tax so high as to be pro- 
 hibitory in effect. 35 L.R.A. (N.S.) 
 1074. 
 
 Discrimination against nonresidents by 
 statute or ordinance as to license. 40 
 L.R.A.(N.S.) 286, 289. 
 
 Right to discriminate between harmless 
 articles in legislation regulating ped- 
 dlers. 21 L.R.A. (N.S.) 349; 35 L.R.A. 
 (N.S.) 1079; 40 L.R.A.(N.S.) 1207; 
 L.R.A.1918B, 853. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LICENSE, II. c cont'd 
 
 36. Persons employed on vessels. 
 
 Of master and other persons employed on 
 vessel. 2 L.R.A. 380.* 
 
 37. pilots. 
 
 Of pilots. 39 L.R.A. 183. 
 
 38. Plumbers. 
 
 Delegation of municipal power as to license 
 of plumbers. 20 L.R.A. 724. 
 
 Constitutionality of statute requiring 
 plumbers to secure a license. 5 L.R.A. 
 (N.S.) 6M; 8 L.R.A. (N.S.) 1116; 27 
 L.R.A.(N.S-) 283; 50 L.R.A. (N.S.) 421. 
 
 What constitutes a plumbing business with- 
 in license statutes. 23 L.R.A. (N.S.) 
 677. 
 
 Who must procure plumbers' license. 44 
 L.R.A. (N.S.) 1072. 
 
 Validity of contract with unlicensed plumb- 
 er. 12 L.R.A. (N.S.) 617. 
 
 Right of unlicensed plumber to recover for 
 services rendered by licensed one. 2 
 L.R.A.(N.S.) 392; 21 L.R.A.(X.S.) 
 176. 
 
 39. Professional school or college. 
 
 Determining character of standing of pro- 
 fessional school or college for purpose 
 of license statutes. 22 L.R.A. (N.S.) 
 735. 
 
 39a. Restaurants. 
 See supra, 22b. 
 
 40. Shops. 
 
 Power of municipality to require license for 
 shops. 24 L.R.A. 585. 
 
 40a. Tax brokers. 
 
 License tax on tax brokers. 
 (N.S.) 1078. 
 
 47 L.R.A. 
 
 41. Telegraph or telephone company. 
 
 Municipal control of, generally, see MU- 
 NICIPAL CORPORATIONS, 49. 
 
 License for doing interstate telegraph and 
 telephone business. 24 L.R.A. 161. 
 
 State statutes imposing license fees on tele- 
 graph companies. 31 L.R.A. 808. 
 
 Imposing license fee on telegraph or tele- 
 phone company for use of streets. 1 
 L.R.A.(N.S.) 581. 
 
 Validity of license fee exacted of telegraph 
 or telephone company as affected by 
 amount. 27 L.R.A. (N.S.) 627. 
 
 42. Trading stamps. , 
 
 Right to impose license tax on use of trad- 
 ing stamps. 2 L.R.A.(N.S.) 592; 49 
 L.R.A. (N.S.) 1123; L.R.A.1917A, 433. 
 
 43. Vehicles. 
 
 On automobile, see supra, 22. 
 On jitney busses, see supra, 30b. 
 
 Power of municipality over interurban vehi- 
 cles used for hire. L.R.A.1918B, 891. 
 License fee for use of streets by vehicles. 
 36 L.R.A. 413.
 
 832 
 
 INDEX TO L.R.A. NOTES. 
 
 LICENSE, II. c cont'd 
 
 Of dravmen, cartmen, etc. 45 L.R.A. (N.S.) 
 1 152. 
 
 Validity of license tax on vehicles used in 
 business for which a general occupation 
 tax is required. 21 L.R.A.(N.S.) 279. 
 
 Applicability to vehicles owned by nonresi- 
 dents of city ordinance imposing a li- 
 cense upon the use of vehicles. 23 
 L.R.A.(N.S.) 453. 
 
 Discrimination as to amount of tax or li- 
 cense fee on different vehicles as affect- 
 ing validity of tax. 16 L.R.A. (N.S.) 
 1035; 21 L.R.A. (N.S.) 83. 
 
 Discrimination as to vehicles subject to 
 license tax for use of highway as af- 
 fecting validity of tax. 42 L.R.A. 
 (N.S.) 506. 
 
 Right to grade license tax according to 
 number of animals or vehicles em- 
 ployed in the business. 12 L.R.A. 
 (N'.S.) 568. 
 
 Discrimination against nonresidents by 
 ordinance imposing license tax. 40 
 L.R.A.(N.S.) 291. 
 
 44. Use of streets generally. 
 
 On vehicles, see supra, 22, 43. 
 
 License of gasolene stations in street. 
 L.R.A.1917F, 1005. 
 
 Imposing license on telegraph or telephone 
 company for use of streets. 1 L.R.A. 
 (N.S.) 581. 
 
 Requiring license for sales upon streets. 
 24 L.R.A. 585. 
 
 Discrimination as to persons subject to 
 license or privilege tax for use of high- 
 way as affecting validity of tax. 42 
 L.R.A. (N.S.) 506, 
 
 44a. Warehouses. 
 
 Warehouse used exclusively for owner's 
 goods or products as subject of license 
 tax. 39 L.R.A. (N.S.) 803. 
 
 $ 45. Wharves. 
 
 Right to erect wharves under license. 40 
 L.R.A. 640. 
 
 d. Uniformity and equality; discrimi- 
 nation. 
 
 46. Generally. 
 
 As to licenses for sale of intoxicating li- 
 quors, see INTOXICATING LIQUOB 
 9-16. 
 
 In taxes generally, see TAXES, 8, 9. 
 
 Equal privileges and immunities as to. 14 
 L.R.A. 582. 
 
 Discrimination with respect to occupation 
 tax based on classification of munici- 
 palities. 15 L.R.A. (N.S.) 195. 
 
 Right to discriminate between harmless 
 articles in legislation regulating ped- 
 dlers. 21 L.R.A. (N.S.) 349; 35 L.R.A. 
 (N.S.) 1079; 40 L.R.A. (N.S.) 1207; 
 L.R.A.1918B, 853. 
 
 Discrimination as to amount of tax or 
 license fee on different vehicles. 16 
 L.R.A.(N.S.) 1035; 21 L.R.A. (N.S.) 
 83. 
 
 "Begin with this ftoofc on every laic question. 
 
 LICENSE, II. c cont'd 
 
 Discrimination in license tax on draymen. 
 45 L.R.A. (N.S.) 1158. 
 
 Discrimination in license tax on automo- 
 biles. 52 L.R.A. (N.S.) 950, 9f>'.. 
 
 In license tax on jitney busses. L.R.A. 
 1918B, 914; L.R.A.1U18F, 475. 
 
 Discrimination as to persons or vehicles 
 subject to license or privilege tax for 
 use of highway, as affecting validity of 
 the tax. 42 L.R.A. ( N.S.) 500. 
 
 Right to grade license tax according to 
 number of animals or vehicles em- 
 ployed in the business. 12 L.R.A. 
 <N'S.) 568. 
 
 Right to discriminate between parts of a 
 city as to amount of license fees. 21 
 L.R.A. (N.S.) 192. 
 
 In case of license to keep inn, hotel, board- 
 ing or lodging house or restaurant. 
 L.R.A.1915B, 1100. 
 
 46a. Against nonresidents or aliens. 
 
 Discrimination between residents of city 
 and other residents of state. 16 
 L.R.A. 49. 
 
 Discrimination against nonresidents, by 
 statute or municipal ordinance 
 imposing license or occupation 
 tax. 40 L.R.A. (N.S.) 270. 
 Power of state, under Fourteenth Amend- 
 ment of Federal Constitution, to deny 
 aliens right to engage in a lawful oc- 
 cupation. 11 L.RJL(X.S.) 799. 
 
 e. Amount; grading of fee. 
 
 47. Amount generally. 
 
 Reasonableness of inspection fees, see Ix- 
 SPECTION. 
 
 Validity of license tax on peddlers so high 
 as to be prohibitory in effect. 35 
 L.R.A.(X.S.) 1074. 
 
 Validity of license upon business of lend- 
 ing money as affected by excess i t - 
 amount of fee. 25 L.R.A. (N.S. ) ''!. 
 
 Validity of license fee exacted of telegraph 
 or telephone companies as affected by 
 amount. 27 L.R.A. (N.S.) 627. 
 
 Validity of license fee exacted of auction- 
 eers as affected by amount. 51 L.R.A. 
 (N.S.) 40. 
 
 Validity of license tax upon automobiles 
 as affected by amount. 52 L.R.A. 
 (N.S.) 953, 959. 
 
 Of license tax on jitney busses. L.R.A. 
 1918F, 475. 
 
 Validity of license tax on sale of nonintoxi- 
 cating beverages as affected by amount. 
 L.R.A.1917C, 463. 
 
 Of license to keep inn, hotel, boarding or 
 lodging house or restaurant. L.R.A. 
 1915B, 1100. 
 
 48. Limit of amount. 
 
 Power to fix license fees, generally. 30 
 L.R.A. 415. 
 
 Constitutional restrictions as to amount. 
 30 L.R.A. 416. 
 
 Graduation of license fees. 30 L.R.A. 421. 
 
 Limitations peculiar to municipal corpora- 
 tions. 30 L.R.A. 423.
 
 INDEX TO L.R.A. NOTES. 
 
 833 
 
 LICENSE, II. e cont'd 
 49. Grading of fee. 
 
 Graduation of license fees. 30 L.R.A. 421. 
 
 Right to grade license tax according to vol- 
 ume of business or amount of capital 
 employed. 17 L.R.A. (N.S.) 898; 49 
 L.R.A.* (N.S.) 955. 
 
 Right to grade license tax according to 
 number of animals or vehicles* em- 
 ployed in the business. 12 L.R.A. (N.S.) 
 568. 
 
 Graduated license tax on automobiles. 52 
 L.R.A. (N.S.) 952. 
 
 Grading license for sale of milk. L.R.A. 
 1917C, 246. 
 
 LICENSEE. 
 
 In general, see LICENSE, I. 
 Liability for injury to, see LICENSE, 9. 
 Municipal liability for acts of, see MUNIC- 
 IPAL CORPORATIONS, 85. 
 
 LIENS. 
 
 7. In general, 1-4. 
 II. Equitable liens, 5-7. 
 
 III. For and on ivhat, 8-14. 
 
 IV. Priorities, 15-17. 
 
 V. Loss; waiver; discharge, 1S-3O. 
 
 I. In general. 
 
 1. Generally. 
 
 Assignability of, see ASSIGNMENT, 7. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 26. 
 
 On corporate stock, see CORPORATIONS, 95a. 
 
 Taking'property under eminent domain pro- 
 ceedings subject to, see EMINENT Do- 
 'MAIN, 26. 
 
 Of execution, see EXECUTION. 
 
 Lien acquired by service of notice in supple- 
 mentary proceedings, see EXECUTION, 
 16. 
 
 Receiver's power to create, see RECEIVERS, 
 19. 
 
 Subrogation to, see SUBROGATION. 
 
 Subrogation of person discharging, see SUB- 
 ROGATION, 2. 
 
 Libel by filing. 16 L.R.A. 625. 
 
 Duress by lien on real property. 16 L.R.A. 
 
 376. 
 Necessity of, to give admiralty jurisdiction 
 
 of contract. 66 L.R.A. 214. 
 Implied covenant of title on sale of chattels 
 
 as protection against outstanding liens. 
 
 16 L.R.A.(N.S.) 410. 
 Estoppel against asserting title or interest 
 
 in real property by deceiving one ac- 
 quiring lien. 48 L.R.A. (N.S.) 763. 
 Tenant's or cropper's abandonment of crop 
 
 as affecting rights of lienor. 46 L.R.A. 
 
 (N.S.) 56. 
 Injunction in favor of, or against, lien 
 
 creditors to prevent execution sales. 30 
 
 L.R.A. 125. 
 Consult also L.R.A. Digests of Cases. 
 
 LIENS, I. cont'd 
 
 What fund is chargeable with costs and ex- 
 penses of sale when encumbered prop- 
 erty is sold in bankruptcy free of liens. 
 
 29 L.R.A.(N.S.) 737. 
 
 Liability for, as within express assumption 
 by one corporation of indebtedness of 
 another on consolidation, merger, or 
 absorption. 26 L.R.A.(N.S.) 1104. 
 
 On building as affected by its wrongful re- 
 moval and attachment to land of a 
 third person without lienor's consent. 
 14 L.R.A. (N.S.) 435. 
 
 Right of purchaser to recover amount paid 
 to relieve land from tax, from one who 
 should have paid the same but with 
 whom he had no contractual relation- 
 ship. 22 L.R.A. (N.S.) 562. 
 
 Necessity of recording instrument creating 
 lien on personal property in state to 
 which property is subsequently re- 
 moved. 64 L.R.A. 356; 35 L.R.A. (N.S.) 
 385; L.R.A.1917D, 942. 
 
 Rights of life tenant who pays off, as 
 against remainderman. 29 L.R.A. (N.S.) 
 153. 
 
 Denial on information as to recorded liens. 
 
 30 L.R.A. (N.S.) 780. 
 
 Removal for separable controversy of pro- 
 ceedings to foreclose. 5 L.R.A. (N.S.) 
 72. 
 
 Right of grantee in possession to question 
 grantor's right to collect purchase 
 money in case of liens against prop- 
 erty. 21 L.R.A.(N.S.) 388. 
 
 Necessity of giving lienor notice of public 
 improvement. 37 L.R.A.(N.S.) 558. 
 
 Lien acquired by service of notice in sup- 
 plementary proceedings. 3 L.R.A. 
 (N.S.) 123. 
 
 Amount in dispute in case of injunction 
 against enforcement of liens against 
 specific property. 61 L.R.A. 781. 
 
 Federal courts following state decisions as 
 to. 40 L.R.A. (N.S.) 425. 
 
 Right of lienholder to take advantage of 
 failure to file assignment of building 
 contract or of the money due there- 
 under. L.R.A.1917F, 1127. 
 
 2. Notice of. 
 
 Corporate by-law as notice of lien on stock. 
 
 25 L.R.A. 48; 39 L.R.A. (N.S.) 295. 
 Notice of title from possession by lienor. 
 
 13 L.R.A.(N.S.) 120. 
 
 3. Effect of. 
 
 As affecting homesetead, see HOMESTEAD, 
 
 15. 
 Of mortgage lien, see MORTGAGE, II. e. 
 
 Effect of outstanding lien on marketability 
 of title. 38 L.R.A. (N.S.) 30. 
 
 Discrimination in taxation between credits 
 secured by lien and those not so 
 secured. L.R.A.1915A, 185. 
 
 4. Purchasing or otherwise taking 
 property subject to lien. 
 
 Garnishment of claims subject to. 59 
 L.R.A. 364. 
 
 53
 
 834 
 
 INDEX TO L.R.A. NOTES. 
 
 LIENS, I. cont'd 
 
 Effect of lien as against purchaser at judi- 
 cial sale without notice. 21 L.R.A. 38. 
 
 Right of vendee of real estate subject to a 
 lien to raise question of usury. 8 L.R.A. 
 '(N.S.) 814; 48 L.R.A. (N.S.) 840. 
 
 Estoppel, when property is taken by emi- 
 nent domain, subject to certain liens, 
 to deny the validity of the liens. 21 
 L.R.A. (N.S.) 72. 
 
 Personal liability of purchaser of personal 
 property which is subject to a 
 lien. 59 L.R.A. 737. 
 
 Right of receiver to take property from 
 person claiming lien. 47 L.R.A. (N.S.) 
 753. 
 
 77. Equitable liens. 
 
 5. Generally. 
 
 Enforcement by or against grantees or suc- 
 cessors in title by agreement to con- 
 tribute to cost of party wall on theory 
 of implied equitable lien. 66 L.R.A. 
 695. 
 
 6. How created. 
 
 Agreement for support in consideration of 
 conveyance, as basis for equitable lien. 
 13 L.R.A.(N.S.) 725; 28 L.R.A. (N.S.) 
 607; 43 L.R.A.(N.S.) 929. 
 
 Right of creditors of a corporation which 
 has transferred all or substantially all 
 of its assets to another corporation to 
 subject the assets so transferred to an 
 equitable lien. 5 L.R.A.(N.S.) 520. 
 
 7. Of partners. 
 
 Equitable lien of partners on real property. 
 
 28 L.R.A. 102. 
 Of surviving partner. 28 L.R.A. 132. 
 
 777. For and on ivhat. 
 
 8. Generally. 
 
 Equitable lien, see supra, 5-7. 
 
 For advances, see ADVANCES, 2. 
 
 Of attachment, see ATTACHMENT, 7-9. 
 
 Of attorney, see ATTORNEYS, 22. 
 
 Of bank, on deposit, see BANKS, 21. 
 
 In bankruptcy, see BANKRUPTCY, 31. 
 
 Of chattel mortgage, see CHATTEL MORT- 
 GAGE. 
 
 On corporate stock, see CORPORATIONS, 76. 
 
 On growing crop, see CROPS, 4. 
 
 On wife's separate estate, see HUSBAND AND 
 WIFE, 35. 
 
 On infant's property, see INFANTS, 26. 
 
 Of innkeepers, see INNKEEPERS, 14. 
 
 Of judgment, see JUDGMENT, 58-65. 
 
 Of landlord, see LANDLORD AND TENANT, 
 88-90. 
 
 Maritime liens, see MARITIME LIENS. 
 
 Of mechanics or materialmen, see MECHAN- 
 ICS' LIENS. 
 
 Of mortgage, see MORTGAGE. 
 
 Of pilot, see PILOT, 3. 
 
 Of agent, see PRINCIPAL AND AGENT, 37. 
 
 For purchase money, see PURCHASE MONEY, 
 5; SALE, 60; VENDOR AND PUB- 
 CHASER, 30-35. 
 
 LIENS, III. cont'd 
 
 Of seamen for wages, see SEAMEN, 2. 
 
 For supplies, see SUPPLIES, 2. 
 
 Of purchaser of land, see VENDOB AND PUR- 
 CHASER, 7. 
 
 Against railroad company, see RAILROADS, 
 19. 
 
 Tax lien, see TAXES, 88, 89. 
 
 On tfrust estate, see TRUSTS, 40. 
 
 Vendors' liens, see VENDOR AND PURCHASER, 
 III. 
 
 Damages for failure to provide crossing as 
 required in deed to railroad of right 
 of way as lien upon right of way. 48 
 L.R.A.(N.S.) 38!). 
 
 Who is boarding-house keeper within stat- 
 ute giving lien. L.R.A.1918D, 402. 
 
 Lien of one other than innkeeper or board- 
 ing house keeper who rents rooms or 
 apartments. L.R.A.1915F, 665. 
 
 For wharfage charges. 70 L.R.A. 209. 
 
 Of insurance broker on policv for premiums 
 paid by him. 38 L.R.A*.(N.S.) 643. 
 
 On property of member of mutual insurance 
 company as security for his liability. 
 32 L.R.A. 504. 
 
 Power of partner to create lien upon firm 
 real property. 28 L.R.A. 97. 
 
 Power to permit receiver of private corpora- 
 tion to create liens on its property. 16 
 L.R.A. 603. 
 
 Who is a "farm or agricultural" laborer 
 within statute giving lien. 19 L.R.A. 
 (N.S.) 1039; L.R.A.1917D, 382. 
 
 Right of owner of garage to. 1 L.R.A. 
 (N.S.) 240. 
 
 Lien for rents and profits received by co- 
 tenant. 29 L.R.A. (N.S.) 236; L.R.A. 
 1918B, 609. 
 
 On property of bankrupt of one whose funds 
 are wrongfully used in purchasing it. 
 9 L.R.A. (N.S.') 876. 
 
 Right of servant to the common-law pos- 
 sessory lien or its statutory substitute, 
 for services in connection with property. 
 42 L.R.A. (N.S.) 731. 
 
 Right of one not in the storage business to 
 a common-law lien for storage charge. 
 39 L.R.A.(N.S.) 1164. 
 
 Statutory lien on property of third person 
 for rental of personal property let to 
 contractor for use in work of a lien- 
 able nature. 16 L.R.A. (N.S.) 585; 42 
 L.R.A.(N.S.) 872. 
 
 Validity of statute or ordinance making 
 charges for water or light furnished 
 tenant a lien on the property. L.R.A. 
 1918D, 364. 
 
 Constitutionality of statutes giving lien on 
 automobile for injuries done by it. 
 L.R.A.1917E, 928. 
 
 9. Of or against bank. 
 
 Of bank on deposits, see BANKS, 21. 
 
 Lien on commercial paper purchased by 
 bank after it has mingled trust money 
 with its own funds. 15 L.R.A. (N.S.) 
 1100. 
 
 Begin tvitft this boofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 835 
 
 LIENS, III. cont'd 
 
 Right of purchaser of a draft from a bank 
 to lien or preference to collateral in 
 hands of drawee upon insolvency of 
 the drawer. L.R.A.1915B, 438. 
 
 10. Of carrier. 
 
 See CARRIERS, 123. 
 
 11. For repairs and improvements. 
 
 By cotenant for improvements. 29 L.R.A. 
 
 456. 
 
 By cotenant for repairs. 29 L.R.A. 459. 
 Express, for obligation to contribute to cost 
 
 of party wall. 66 L.R.A. 703, 704. 
 Improvement of personal property at 
 
 bailee's request as creating liability 
 
 against bailor or property. 38 L.R.A. 
 
 . (N.S.) 97. 
 Right to lien for repairs or other services 
 
 under contract with purchaser under 
 
 conditional sale. L.R.A.1915D, 1141. 
 Lien upon automobile for repairs or storage. 
 
 L.R.A.1918D, 330. 
 
 12. for public improvements. 
 
 For sewer assessment, see DRAINS AND 
 
 SEWERS, 14. 
 Of local assessments generally, see PUBLIC 
 
 IMPROVEMENTS, 30a, 31. 
 
 13. For alimony. 
 
 See DIVORCE AND SEPARATION, 49. 
 
 14. For keeping animals. 
 
 Priority of lien for, see infra, 17. 
 
 On animals for cost of keeping. 6 L.R.A. 
 82;* 17 L.R.A. 792. 
 
 Taking of animal by general owner for pur- 
 pose of defeating lien as larceny. 12 
 L.R.A.(N.S.) 94. 
 
 Waiver of lien by attachment or execution. 
 50 L.R.A. 720. 
 
 IV. Priorities. 
 
 15. Generally. 
 
 Of chattel mortgage lien, see CHATTEL 
 MORTGAGE, 27. 
 
 Of judgment lien, see JUDGMENT, 61-64. 
 
 Of mechanics' lien, see MECHANICS' LIENS, 
 8, 9. 
 
 Of mortgage lien, see MORTGAGE, 35-39. 
 
 Of ta^ over other lien, see TAXES, 89. 
 
 Of vendor's liens, see VENDOR AND PUR- 
 CHASER, 32. 
 
 As giving right of action to third party. 
 25 L.R.A. 275. 
 
 Priority of lien in distribution of assets 
 of insolvent insurance company. 38 
 L.R.A. 108. 
 
 As between lien of corporation and pledgee 
 or bona fide purchaser of corporate 
 stock. 39 L.R.A.(N.S.) 292. 
 
 Is money loaned to improve land part of 
 the purchase price within rule that a 
 purchase money lien takes priority over 
 homestead rights. 41 L.R.A. (N.S.) 89. 
 
 Priority of claims against property in hands 
 of receiver over recorded liens. 2 
 L.R.A.(N.S.) 1013; 41 L.R.A. (N.S.) 
 695. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LIENS, IV. cont'd 
 
 Antedating lease as affecting priority of 
 landlord's lien. L.R.A.1916F, 450. 
 
 16. For local assessments. 
 
 See PUBLIC IMPROVEMENTS, 31. 
 
 17. For keeping animals. 
 
 Between agister's lien and chattel mortgage. 
 17 L.R.A. 792. 
 
 Priority as between lien of chattel mortgage 
 and lien acquired by furnishing food or 
 care to animals. 12 L.R.A. (N.S.) 310. 
 
 Priority as between lien of chattel mort- 
 gage and claim of one taking animals 
 damage feasant. L.R.A. 1916E, 528. 
 
 V. Loss; waiver; discharge. 
 
 18. Generally. 
 
 Of mechanics' lien, see MECHANICS' LIENS, 
 20-22. 
 
 Of mortgage lien, see MORTGAGE, VI. 
 
 Of chattel mortgage lien, see CHATTEL MORT- 
 GAGE, 30. 
 
 Extinguishment of lien of subagent for his 
 compensation. L.R.A.1918F, 753. 
 
 Estoppel to assert lien on real property by 
 concealing the same or representing 
 title to be in another. 48 L.R.A. ( N.S. ) 
 762, 764. 
 
 Right of lienor to proceeds where property 
 is sold with his consent under agree- 
 ment that proceeds shall be applied 
 toward pavment of the debt. L.R.A. 
 1915C, 1661 
 
 Effect of partition deed on lien. 57 L.R.A. 
 340. -.M| ,-t 
 
 Effect of consolidation of corporations upon 
 liens and priorities. 23 L.R.A. 233. 
 
 Release of, by injunction against execu- 
 tion sale. 30 L.R.A. 140. 
 
 Waiver of junior lien by failure to assert it 
 in foreclosure proceeding. 68 L.R.A. 
 323. 
 
 Appointment of debtor as executor or ad- 
 ministrator as discharging lien secur- 
 ing debt. 26 L.R.A. (N.S.) 416. 
 
 Assumption of debts on dissolution of part- 
 nership as affecting partnership lien. 9 
 L.R.A.(N.S.) 102. 
 
 Taking of property by general owner for 
 purpose of defeating lien thereon as 
 larceny. 12 L.R.A. (N.S.) 94. 
 
 Effect of discharge in bankruptcy on real 
 property liens. 42 L.R.A. (N.S.) 292. 
 
 Rescission of purchase of real estate as af- 
 fecting assumption of lien thereon. 40 
 L.R.A.(N.S.) 672. 
 
 19. By attachment or execution. 
 
 In general. 50 L.R.A. 714; 24 L.R.A.(N.S.) 
 
 490. 
 Liens not depending upon possession. 50 
 
 L.R.A. 714. 
 Liens depending upon possession. 50 L.R.A. 
 
 719. 
 
 Lien of chattel mortgage. 50 L.R.A. 714; 
 51 L.R.A.(N.S.) 1068.
 
 836 
 
 INDEX TO L.R.A. NOTES. 
 
 LIENS, V. cont'd 
 
 20. By giving note or security. 
 
 Release or satisfaction of, by giving com- 
 mercial paper. 35 L.R.A.(N.S.) 86. 
 
 Acceptance of commercial paper as dis- 
 charge of. 35 L.RA.(N.S.) 96. 
 
 Lienor joining in mortgage on the property 
 as a waiver of his lien. 35 L.R.A. 
 (N.S.) 348. 
 
 New obligation given by debtor to secure 
 release of a lien as a novation of the 
 original obligation. 36 L.R.A.(N.S.) 
 464. 
 
 LIEUTENANT GOVERNOR. 
 
 Pardon by. 47 L.R.A. (N.S.) 1036. 
 
 LIEUTENANT OF POL/ICE. 
 
 Voluntariness of confession made to. 50 
 L.R.A.(N.S.) 1088. 
 
 LIFE CONTRACT. 
 
 Validity of contract to furnish a patient 
 medical services for life. 28 L.R.A. 
 (N.S.) 1112. 
 
 LIFE ESTATE. 
 
 In real property generally, see DEEDS, 29, 
 
 30: LIFE TENANTS; WILLS, 79-82. 
 As to dower, pee DOWEB. 
 
 Reservation of life estate as illustrating 
 grantor's intention in delivering deed 
 to third person. 54 L.R.A. 884. 
 
 LIFE EXPECTANCY. 
 
 In general, see MORTALITY TABLES. 
 
 Evidence of, to show pecuniary loss to par- 
 ents by death of child. "L.R.A.1918E, 
 279. 
 
 LIFE IMPRISONMENT. 
 
 As cruel and unusual punishment. 35 L.R.A. 
 569. 
 
 LIFE INSURANCE. 
 
 See INSURANCE. 
 
 LIFE SAVING. 
 
 Voluntarily incurring danger to save an- 
 other's life as contributory negligence. 
 49 L.R.A. 715; 27 L.R.A. (N.S.) 1069. 
 
 LIFE TABLES. 
 
 See MORTALITY TABLES. 
 
 Begin icith this ftoofc on every law question. 
 
 LIFE TENANT. 
 
 /. In general, 1. 
 II. Possession, enjoyment, and use of 
 
 property, 2-7. 
 III. Duties and liabilities, 8-1O. 
 
 I. In general. 
 
 1. Generally. 
 
 Estates created by deed, see DEEDS, 
 28-31. 
 
 As to quantum of estate under a devise, see 
 WILLS, 79-82. 
 
 Sale for taxes during existence of life es- 
 tate, see TAXES, 77. 
 
 Power of life tenant to submit infant's 
 cause of action for arbitration. 70 
 L.R.A. 175. 
 
 Effect of misrepresentation or suppression 
 of truth as to health of life tenant on 
 sale of remainder interest. 17 L.R.A. 
 (N.S.) 284. 
 
 Effect on personal liability of trustee for 
 losses to trust estate from investment, 
 of consent of beneficiary for life. 44 
 L.R.A.(N.S.) 988. 
 
 Basis and method of computing value of 
 life estate for purpose of succession 
 tax. 46 L.R.A. (N.S.) 714. 
 
 Effect of confiscation of an estate tail for 
 treason on rights of innocent remain- 
 derman. L.R.A.1916E, 345. 
 
 Effect of purchase of tax title by remainder- 
 man in expectancy. L.R.A. 191 5E, 
 344. 
 
 Right of fee owner to compensation for 
 improvements made by taker entering 
 by license of life tenant before con- 
 demnation and without fee owner's con- 
 sent. L.R.A.1916F, 989. 
 
 Rights of action in case of damages to re- 
 mainder or reversion by stranger. 
 L.R.A.1916A, 792. 
 
 //. Possession, enjoyment, and -use of 
 property. 
 
 2. Generally. 
 
 Adverse possession during life tenancy, see 
 ADVERSE POSSESSION, 9. 
 
 As to apportionment of annuity or income, 
 see ANNUITY, 2. 
 
 Rights of remaindermen generally, see RE- 
 MAINDERMEN. 
 
 Ornamental articles as fixtures as between 
 legatees, devisees, heirs, personal repre- 
 sentatives, and life tenants. 6 B. R. C. 
 162. 
 
 Title to increase of animals as between life 
 tenant and remainderman. 17 L.R.A. 
 81. 
 
 Right of life tenant to dedicate land. 31 
 L.R.A.(N.S.) 1025.
 
 INDEX TO L.R.A. NOTES. 
 
 837 
 
 LIFE TENANT, Il.-^ont'd. 
 
 Rights as between life tenant and remain- 
 derman to an increase in the value 
 of the estate. L.R.A.1915C, 846. 
 
 Right as between life tenant and remainder- 
 man to rents from lease of property. 36 
 L.R.A.(N.S.) 637. 
 
 Effect, upon rule in Shelley's Case, of ex- 
 press prohibition against conveyance or 
 encumbrance of property by life ten- 
 ant. 7 L.R.A.(N.S.) 1109. 
 
 Right of one to whom estate is devised for 
 life with power to consume, to convey 
 a good title. 13 L.R.A. ( N.S. ) 458. 
 
 Does voluntary distribution or delivery of 
 chattel to life tenant inure to benefit 
 of remainderman. 14 L.R.A. (N.S.) 
 798. 
 
 Effect upon remainder of forfeiture of life 
 estate for breach of condition subse- 
 quent. 2*1 L.R.A.(N.S.) 605. 
 
 Rights on condemnation of property. 21 
 L.R.A. 2] 2. 
 
 Does statute of limitations run during life 
 estate against proceedings by remaind- 
 erman to compel appropriation of 
 property by third person having power 
 of eminent domain. 15 L.R.A. (N.S.) 
 1154. 
 
 Partition between life tenant and remain- 
 derman. L.R.A.1918D, 454. 
 
 Estoppel of remainderman by consenting to 
 conveyance of fee by life tenant. L.R.A. 
 193 8D, 441. 
 
 3. Mineral rights of life tenant. 
 
 Mines not opened before commencement of 
 life estate. 36 L.R.A.(N.S.) 1100. 
 
 Mines opened before commencement of life 
 estate. 36 L.R.A. (N.S.) 1102. 
 
 Abandonment or suspension of opened mine. 
 36 L.R.A. (N.S.) 1103. 
 
 Opening new pits, shafts, or seams. 36 
 L.R.A.(N.S.) 1104. 
 
 Mines opened after commencement of life es- 
 tate under prior lease or contract. 36 
 L.R.A.(N.S.) 1105. 
 
 As affected by powers conferred by instru- 
 ment creating life estate. 36 L.R.A. 
 (N.S.) 1106. 
 
 Mines opened after commencement of life 
 estate, with sanction of court or re- 
 mainderman. 36 L.R.A. (N.S.) 1106. 
 
 English settled land acts. 36 L.R.A. (N.S.) 
 1107. 
 
 4. as to oil and gas. 
 
 Where no well opened prior to commence- 
 ment of life estate. 36 L.R.A. (N.S.) 
 1108. 
 
 Where well opened prior to commencement 
 of life estate. 36 L.R.A.(N.S.) 1109. 
 
 Well opened after commencement of life 
 estate under a prior lease. 36 L.R.A. 
 (N.S.) 1109. 
 
 Where sale of oil is sanctioned by remain- 
 derman. 36 L.R.A. (N.S.) 1109. 
 
 5. Timber rights of life tenant. 
 
 In general. 37 L.R.A.(N.S.) 763. 
 Necessities of life tenant. 37 L.R.A. (N.S.) 
 
 764. 
 Consult also L.R.A. Digests of Cases. 
 
 LIFE TENANT, II. cont'd 
 
 Customary estovers. 37 L.R.A. (N.S.) 764. 
 
 Payment of taxes and other charges. 37 
 
 L.R.A.(N.S.) 767. 
 Fallen or decaying timber. 37 L.R.A.(N.S.) 
 
 767. 
 
 Thinning trees. 37 L.R.A. (N.S.) 768. 
 Cutting timber for sale. 37 L.R.A.(N.S.) 
 
 768. 
 
 Clearing land. 37 L.R.A.(N.S.) 770. 
 Tenant for life not impeachable for waste; 
 
 ornamental trees. 37 L.R.A. (N.S.) 
 
 772. 
 Miscellaneous. 37 L.R.A. (N.S.) 773. 
 
 6. Corporate stocks and bonds; divi- 
 dends. 
 
 Right to increased stock and stock dividends 
 as between owner of capital and 
 inbome. ]6 L.R.A. 461. 
 Rights as to increase in value of corporate 
 stock and bonds. L.R.A.1915C, 
 851, 853. 
 
 Appreciation in value of capital assets as 
 fund distributable as dividend without 
 reference to losses. 1 B. R. C. 965. 
 Right, as between life tenant and remainder- 
 man, in dividends or distributions made 
 by corporations. 16 L.R.A. 461; 45 
 L.R.A. 394; 12 L.R.A. (N.S.) 768; 35 
 L.R.A.(N.S.) 563; 50 L.R.A. (N.S.) 
 510; L.R.A.1916D, 211. 
 Apportionment, as between life tenant and 
 remainderman, of income from securi- 
 ties which the trustee must or may 
 convert. 6 B. R. C. 207. 
 
 7. Rights on death of life tenant. 
 
 Lessee's right to possession, see LANDLORD 
 AND TENANT, 46. 
 
 Right of lessee of life tenant to possession 
 and emblements upon death of his les- 
 sor. 11 L.RA.(N.S.) 688. 
 
 Right of estate of one entitled by will or 
 fctatute to an allowance for support and 
 maintenance, to accumulations undrawn 
 and unexpended at the . time of her 
 death. 9 L.R.A. (N.S.) 997. 
 
 Apportionment of income from trust funds 
 upon death of life beneficiary between 
 distribution periods. 27 L.R.A.(N.S.) 
 449. 
 
 III. Duties and liabilities. 
 
 8. Generally. 
 
 Measure of damages for allowing land to 
 become infested with weeds. 12 L.R.A. 
 (N.S.) 88. 
 
 Right to require legatee of life interest in 
 money or its equivalent, to give se- 
 curity for benefit of remainderman. 23 
 L.R.A.(N.S.) 716. 
 
 Right of life tenant who pays off liens or 
 encumbrances as against remainder- 
 man. 29 L.R.A.(N.S.) 153. 
 
 Liability of tenant to fee owner in case of 
 damages to remainder or reversion by 
 stranger. L.R.A.1916A, 805.
 
 838 
 
 INDEX TO L.K.A. NOTES. 
 
 LIFE TENANT, III. wnt'd 
 
 9. Inability for improvements. 
 
 Right of life tenant, or person claiming un- 
 der him, to recover for improvements. 
 13 L.R.A.(N.S.) 514. 
 
 Duty of life tenant to keep property in re- 
 pair. 33 L.R.A.(N.S.) 669. 
 
 10. Duty of life tenant as to taxes 
 and assessments. 
 
 Duty of life tenant to pay taxes. 32 L.R.A. 
 
 744. 
 Effect of tax sale on land held by life 
 
 tenant. 32 L.R.A. 805. 
 Effect on estates in reversion or remainder 
 
 of tax sale during life estate. 33 
 
 L.R.A. 688. 
 Life tenant's right to timber for payment 
 
 of taxes. 37 L.R.A.(N.S.) 767. 
 Must life tenant or remainderman bear the 
 
 cost of a public improvement. 10 L.R.A. 
 
 (N.S.) 342. 
 
 LIFTING. 
 
 Assumption of risk in overstraining muscles 
 in lifting weights under immediate di- 
 rection of master or vice principal. 25 
 L.R.A.(N.S.) 362. 
 
 LIFTING JACK. 
 
 Master's liability for injury by defect in. 13 
 L.R.A.(N.S.') 679; 51 L.R.A/(N.S.) 339. 
 
 LIGHT. 
 
 Carrier's duty to keep station lighted, see 
 CARRIERS, 71. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 80. 
 
 Easement of , 'see EASEMENTS, 13, 19-21. 
 
 Electric lights, see ELECTRIC LIGHTS. 
 
 Gas as light, see GAS. 
 
 As to headlights, see HEADLIGHTS. 
 
 Lighting of streets and bridges, see HIGH- 
 WAYS, 54, 55. 
 
 Municipal liability for injury by absence of, 
 at dangerous place in street, see HIGH- 
 WAYS, 73. 
 
 Power of municipality as to, see MUNICI- 
 PAL CORPORATIONS, 32. 
 
 Municipal lighting plant, see MUNICIPAL 
 CORPORATIONS, 69. 
 
 Lighting of railroad tracks, see RAILROADS, 
 45. 
 
 Duty of bicyclists to carry. 47 L.R.A. 295. 
 
 Duty of operator of automobile as to. 38 
 'L.R.A.(N.S.) 489; 51 L.R.A.(N.S.) 996. 
 
 Effect of failure to display proper lignts 
 on liability for injuries resulting from 
 collision of automobile and horse, or 
 
 LIGHT confd 
 
 Duty owed to others by one blinded by light 
 on highway. L.R.A.1917E, 1045. 
 
 Validity and construction of regulations as 
 to lights on automobiles. L.R.A.1918B. 
 828. 
 
 Requiring body of jitney bus to be illumi- 
 nated after dark. L.R.A.1918B, 916. 
 
 Effect of failure to show lights on liability 
 for collision between automobiles, or 
 an automobile and another vehicle, at 
 or near corner of streets or highways 
 L.R.A.1916A, 749. 
 
 Lights on street cars. 26 L.R.A. 300. 
 
 Private action for violation of ordinance re- 
 quiring lights on railroad cars and 
 engines. 5 L.R.A. (N.S.) 244. 
 
 Validity of statute or ordinance requiring 
 . the lighting of private premises. L.R.A. 
 1918D, 688. 
 
 Validity of statute or ordinance holding 
 property owner liable for light fur- 
 nished tenant. 6 L.R.A. (N.S.) 198; 
 L.R.A.1918D, 364. 
 
 Landlord's duty to light common hall or 
 stairway, "l B. R. C. 107. 
 
 Liability of one maintaining place of 
 amusement for failure to properly light 
 same. 42 L.R.A. (N.S.) 1071; L.R.A. 
 1915F, 700. 
 
 Delegation of municipal power as to. 20 
 L.R.A. 726. 
 
 Right of taxpayer, in absence of statute to 
 enjoin unlawful expenditures by munici- 
 pality for lighting. 36 L.R.A.(N.S.) 
 20. 
 
 Master's liability for injury to servant from 
 want of proper lighting of place of 
 work. 54 L.R.A. 170. 
 
 Master's liability for vice principal's failure 
 to keep place of work properly lighted. 
 54 L.R.A. 133. 
 
 Provisions in insurance policy as to lighting 
 and lighting materials. L.R.A.1917C, 
 291. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 697. 
 
 LIGHTER. 
 
 Does lien upon vessel for safe carriage at- 
 tach while goods are in lighter prepara- 
 tory to being loaded on vessel. 24 
 L.R.A.(N.S.) 569. 
 
 LIGHTHOUSE. 
 
 Character of occupation of. 4 L.R.A. 
 (N.S.) 720. 
 
 fright of horse bv 
 L.R.A.(N.S.) 964. 
 
 automobile. 48 
 
 Begin 
 
 tliis boofc on every toio question. 
 
 LIGHTING COMPANIES. 
 
 Valuation of property of, see PUBLIC SERV- 
 ICE CORPORATIONS, 5. 
 See also ELECTRIC LIGHTS; GAS.
 
 INDEX TO L.R.A. NOTES. 
 
 839 
 
 LIGHTING COMPANIES cont'd 
 Compensation to be paid to lighting com- 
 pany upon taking its plant. 47 L.R.A. 
 (N.S.) 772. 
 
 Delega'tion of municipal power to. 20 
 L.R.A. 726. 
 
 LIGHTNING. 
 
 Insurance against loss caused by. 26 L.R.A. 
 267. 
 
 Striking wire. 31 L.R.A. 588. 
 
 Master's liability for injuries due to ex- 
 plosion of dynamite by. 28 L.R.A. 
 (N.S.) 1260. 
 
 Recovery under workmen's compensation 
 act for injury by. L.R.A.1916A, 347; 
 L.R.A.1918P, 936. 
 
 LIGHTNING RODS. 
 
 Discrimination against nonresident by stat- 
 ute imposing license tax on business 
 of selling. 40 L.R.A. (N.S.) 291. 
 
 Lightning rod contracts as contracts of in- 
 surance. 47 L.R.A.(N.S.) 300. 
 
 I I M I KILN. 
 
 Municipal power over as nuisance. 38 
 L.R.A. 654. 
 
 LIMITATION. 
 
 Words of, under rule in Shelley's Case, see 
 DEEDS, 30; WILLS, 82. 
 
 LIMITATION OF ACTIONS. 
 
 I. Limitation in general, 1-18. 
 
 a. In general, 1-5. 
 
 b. Equitable remedies; laches, 
 
 0-12. 
 
 c. Effect of bar; other remedies, 
 
 13, 14. 
 
 d. By and against whom avail- 
 
 able, 15-17. 
 
 e. To what claims applicable, 
 
 IS. 
 II. When statute runs, 19-47. 
 
 a. In general, 19-21. 
 
 b. Contracts; mortgages; ac- 
 
 counts; collections, 22- 
 , 32. 
 
 c. Corporations; stockholders, 
 
 33, 34. 
 
 d. Actions based on torts, neg- 
 
 ligence, fraud, trust, mis- 
 take or usury; crimes, 
 35-38b. 
 
 e. Suits relating to real prop- 
 
 erty; tax sales, 39-43. 
 Consult also L.R.A. Digests of Cases. 
 
 LIMITATION OF ACTIONS, II. cont'd 
 
 /. Decedents' estates, 44. 
 
 g. Miscellaneous kinds of ac- 
 tion, 45. 
 
 h. Absence; nonresidencc ; dis- 
 abilities; coverture, 46. 
 
 i. Disabilities, 47. 
 
 III. Period of limitation; when action 
 
 barred, 48-59. 
 
 a. In general, 48. 
 
 b. Contracts; mortgages, 
 
 49, 50. 
 
 c. Negligence ; fraud ; usury, 
 
 51-54. 
 
 d. Suits relating to real prop- 
 
 erty, 55-57. 
 
 e. Decedents' estates, 58. 
 
 f. Miscellaneous, 59. 
 
 IV. Interruption of statute; removal of 
 
 bar, 6O-71. 
 
 a. In general, 6O-62. 
 
 b. By suit, 63, 64. 
 
 c. Payment, 65-67. 
 
 d. New promise or acknowledg- 
 
 ment, 68-71. 
 
 I. Limitation in general, 
 a. In general. 
 
 1. Generally. 
 
 Limitation of time to present claim or com- 
 mence action against carrier, see CAR- 
 BIERS, 133. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 43. 
 
 Validity of contract as to, see CONTRACTS, 
 90. 
 
 Easements acquired by prescription, see 
 EASEMENTS. 
 
 Proof of bar of in action of ejectment under 
 general denial or a plea of the general 
 issue. L.R.A.1918F, 253. 
 
 Availability of plea of limitation and plea 
 to the merits against same cause of 
 action. L.R.A.1917C, 71. 
 
 Question relating to, as Federal question. 
 62 L.R.A. 539. 
 
 Implied exceptions in statute of limitations. 
 25 L.R.A. 566. 
 
 As affected by question whether suit for 
 statutory penalty is a civil or criminal 
 prosecution. 27 L.R.A. (N.S.) 744. , 
 
 Necessity for alleging that action for death 
 is within the statutory period. L.R.A. 
 1915E, 1192. 
 
 Effect of limitations on right to contribu- 
 tion of cotenant claiming adversely. 
 L.R.A.1915B, 975. 
 
 Duty of debtor to account for statute-barred 
 debt before participating in estate of 
 creditor. 4 B. R. C. 718. 
 
 Statute requiring notice of claim before 
 commencing an action as a statute of 
 limitations. 8 L.R.A. (N.S.) 997. 
 
 Applicability to existing contracts of stat- 
 ute avoiding contractual stipulations 
 limiting time for action. 38 L.R.A. 
 (N.S.) 1016. 
 
 Federal courts following state decisions as 
 to construction and effect of statute 
 of limitations. 40 L.R.A. (N.S.) 421.
 
 840 
 
 INDEX TO L.K.A. NOTES. 
 
 LIMITATION OF ACTIONS, I. a cont'd 
 2. Estoppel to plead. 
 
 Specific agreement to waive the statute. 63 
 
 L.R.A. 193. 
 Other agreements that cause delay. 63 
 
 L.R.A. 198. 
 
 Request for delay. 63 L.R.A. 201. 
 Representations as to material facts. 63 
 
 L.R.A. 202. 
 
 Payments. 63 L.R.A. 203. 
 Actions on insurance policies. 63 L.R.A. 
 
 204. 
 Actions on carriers' contracts. 63 L.R.A. 
 
 206. 
 
 3. Vested right in statute of limita- 
 tion. 
 
 Vested right in defense of statute of limi- 
 tations. 45 L.R.A. 609. 
 Change of statute as affecting. 1 L.R.A. 
 
 (N.S.) 528. 
 Of municipal corporation. 27 L.R.A. (N.S.) 
 
 1188. 
 
 4. Validity and construction of stat- 
 ute changing period of limitation. 
 
 Vested right in defense of limitations, see 
 supra, 3. 
 
 Impairment of contract obligations by 
 change in statute of limitations, see 
 CONSTITUTIONAL LAW, 36. 
 
 Reasonableness of period allowed by statute 
 of limitations in respect to existing 
 causes of action. 7 L.R.A. (N.S.) 715; 
 21 L.R.A.(N.S.) 157. 
 
 Constitutionality of statutes shortening the 
 period of limitations. 1 L.R.A. (N.S.) 
 528. 
 
 5. Invoking statute after judgment. 
 
 As ground of attack by alleged fraudulent 
 grantee on judgment against grantor. 
 67 L.R.A. 598. 
 
 Injunction against judgment confessed on 
 debt barred by. 30 L.R.A. 241. 
 
 Right to open default judgment to let in 
 defense of statute of limitations. 61 
 L.R.A. 746; L.R.A.1916F, 856. 
 
 ft. Equitable remedies; laches. 
 
 6. Generally. 
 
 Effect of laches on right to rescind contract, 
 
 see CONTRACTS, 155. 
 Presumption of payment from lapse of 
 
 time, see EVIDENCE, 106. 
 
 In probating will. 57 L.R.A. 253. 
 
 In attacking divorce decree. L.R.A.1917B, 
 425, 503. 
 
 Effect of laches in questioning unconstitu- 
 tional apportionment of election dis- 
 tricts. 10 L.R.A. (N.S.) 1184. 
 
 Laches of person against whom judgment 
 has been obtained on unauthorized ap- 
 pearance by attorney. 21 L.R.A. 857. 
 
 Effect of laches on judgment creditor's right 
 to receivership. 33 L.R.A. 551. 
 
 Diligence essential to entitle one to man- 
 damus to restore to office one who has 
 been illegally removed. 19 L.R.A. 
 (N.S.) 66. 
 
 Begin with this took on every law question. 
 
 LIMITATION OF ACTIONS, I. b cont'd 
 
 As affecting suit to enjoin unlawful expen- 
 ditures by municipality. 36 L.R.A. 
 (N.S.) 26. 
 
 Duty of court, in absence of objection by 
 defendant, to dismiss suit for divorce 
 because not brought within time al- 
 lowed by statute after cause given. 26 
 L.R.A. (N.S.) 490. 
 
 Abandonment" of highway by laches of cor- 
 poration officials. 26 L.R.A. 469. 
 
 Lapse of time as bar to confirmation of 
 judicial sale. 43 L.R.A. (N.S.) 630. 
 
 Suit to compel guardian to account, or to 
 recover on his bond. 47 L.R.A. (X.S.) 
 451. 
 
 Delay of carrier in seeking to recover differ- 
 ence between rate charged shipper and 
 proper rate. 49 L.R.A. (N.S.) 100. 
 
 Effect of delay on right to procure a dec- 
 laration that a written instrument im- 
 porting on its face a complete transfer 
 of title was intended to operate as a 
 mortgage. L.R.A.1916B, 597. 
 
 Effect of laches of complainant on right to 
 injunction against nuisance. L.R.A. 
 1916C, 1270. 
 
 Laches in seeking to avoid settlement be- 
 tween guardian and ward out of court. 
 L.R.A.1916E, 869. 
 
 Effect of laches on right of benevolent, fra- 
 ternal or social order to protection 
 against use of name, insignia, ritual, 
 etc., by another organization. L.R.A. 
 1915B, 1078. 
 
 7. As to commercial paper. 
 
 Effect of laches on payment by check, draft, 
 
 or bills. 35 L.R.A. (N.S.) 33. 
 Release of indorser by laches. 18 L.R.A. 
 
 (N.S.) 531. 
 Waiver of laches in presenting commercial 
 
 paper for payment. 29 L.R.A. 305. 
 
 8. As to corporations and corporate 
 stock. 
 
 Effect of laches on right to rescind subscrip- 
 tion to corporate stock for fraud. 33 
 L.R.A. 724. 
 
 Laches as defense to action for specific per- 
 formance of contract for sale of cor- 
 porate stock. 50 L.R.A. 508; 31 L.R.A. 
 (N.S.) 500. 
 
 Effect of, on state's right to oust a cor- 
 poration of its rights and franchises. 
 14L.R.A.(N.S.) 336. 
 
 Laches of assignee in having stock trans- 
 ferred on books of corporation as affect- 
 ing liability of corporation which sub- 
 sequently makes unauthorized transfer 
 of stock. 45 L.R.A. (N.S.) 1090. 
 
 9. As to land. 
 
 As bar to right to injunction against ob- 
 struction of waters of stream. 59 
 L.R.A. 884. 
 
 Effect of continued occupancy by trespasser 
 for less than limitation period to estop 
 owner to maintain trespass q. c. f. 23 
 L.R.A.(N.S.) 270.
 
 INDEX TO L.R.A. NOTES. 
 
 841 
 
 LIMITATION OF ACTIONS, I. b cont'd 
 
 Delay as waiver of purchaser's right to 
 rescind contract for purchase of real 
 property. 30 L.R.A.(N.a.) 872. 
 
 Effect of laches on right of holder of tax 
 deed to corrected deed. 44 L.R.A. 
 (N.S.) 856. 
 
 Laches as affecting the right of one cotenant 
 to benefit of purchase of outstanding 
 title by another. ]<J L.R.A. (N.S.) 526. 
 
 Right of one in possession under void fore- 
 closure sale as affected by laches of 
 mortgagor. 40 L.R.A. (N.S.) 848. 
 
 Effect of lapse of time on right to avoid 
 purchase by executor or administrator 
 at his own sale. L.R.A.1918B, 45. 
 
 Effect of laches of mortgagee on right to 
 reinstatement of mortgage released by 
 mistake. L.R.A.1917E, 1058. 
 
 10. Fraud. 
 
 Effect of laches on right to rescind subscrip- 
 tion to corporate stock for fraud. 33 
 L.R.A. 724. 
 
 11. Trusts. 
 
 Laches which will defeat relief after re- 
 pudiation of express trust. 5 L.R.A. 
 (N.S.) 986. 
 
 Laches as a, bar to enforcement of trust as 
 against one who knowingly purchased 
 trust property in violation of the terms 
 of an express trust. 7 L.R.A. (N.S. ) 
 370. 
 
 Suit to compel guardian to account, or to 
 recover on his bond. 47 L.R.A. (N.S.) 
 451. 
 
 12. Assessments. 
 
 In contesting sewer assessment. 60 L.R.A. 
 246. 
 
 As affecting attack upon assessment for 
 special benefits on ground that prop- 
 erty is not benefited. 36 L.R.A. (N.S.) 
 41. 
 
 c. Effect of bar; other remedies. 
 
 13. Generally. 
 
 Duty of debtor to account for statute-barred 
 debt before participating in estate of 
 creditor. L.R.A.1918C, 619. 
 
 Effect, upon action for death, of bar against 
 action for injury. 34 L.R.A. 797. 
 
 Effect of bar of statute of limitations 
 against action to enforce judgment up- 
 on right to issue execution thereon. 23 
 L.R.A.(N.S.) 1096. 
 
 Bar of statute of limitations as ground for 
 quieting title as against encumbrance. 
 6 L.R.A.(N.S.) 516; L.R.A.1916B, 1220. 
 
 Effect of bar of statute of limitations on 
 right of creditor who is also a stock- 
 holder of an insolvent corporation to 
 offset claim against statutory liability. 
 41 L.R.A.(N.S.) 1002. 
 
 Bar of debt to corporation as bar to en- 
 forcement of its lien therefor upon 
 stock. 39 L.R.A. (N.S.) 301; L.R.A. 
 1917F, 1106. 
 
 Consul/, also L.R.A. Digests of Cases. 
 
 LIMITATION OF ACTIONS, I. c cont'd 
 
 Right to recover for services rendered be- 
 yond statutory period of limitation 
 upon breach of parol contract to make 
 provision by will. 6 L.R.A. (N.S.) 703. 
 
 Effect of running of limitation since orig- 
 inal assessment for local improvement 
 upon a reassessment ordered because of 
 invalidity of original. 28 L.R.A. (N.S.) 
 735. 
 
 Effect of failure to present claim within the 
 time allowed by the administration 
 statute of the domicil as a bar to its 
 allowance in the state of an ancillary 
 administration, and. vice versa. 19 
 L.R.A.(N.S.) 553. 
 
 Effect of statutory bar of action for pur- 
 chase money upon right to enforce 
 vendor's lien. 39 L.R.A. (N.S.) 
 1171. 
 
 Effect of bar of statute of limitations on 
 right to substitute copy of lost indict- 
 ment. 41 L.R.A.(N.S.) 1082. 
 
 Expiration of period for revival of dormant 
 judgment as bar to an action thereon. 
 L.R.A.1916E, 738. 
 
 Effect of bar of creditor's right of action 
 against surety on his right to be subro- 
 gated to security held by surety. 
 L.R.A.1916C, 1083. 
 
 Effect of running of limitations on right to 
 have written instrument importing an 
 absolute transfer of title declared a 
 mortgage. L.R.A.1916B, 598. 
 
 Equitable proceeding to set aside release of 
 claim for personal injuries for mistake 
 where right to recover for injury is 
 barred by limitations. L.R.A.1916B, 
 786. 
 
 Right of action by administrator when ac- 
 tion to recover for personal injuries 
 was barred at the time of the injured 
 person's death. L.R.A.1915E, 1178. 
 
 Right of surety to indemnity from prin- 
 cipal, or contribution from cosurety, as 
 affected by the fact that an action by 
 the creditor against the principal or 
 cosurety would be barred. L.R.A.1917F, 
 1074. 
 
 14. Mortgage or trust deed. 
 
 Effect of statutory bar of principal debt 
 on right to foreclose a mortgage or 
 deed of trust securing the same. 10 
 L.R.A. 508;* 21 L.R.A. 550. 
 
 Right to enjoin sale under a power in a 
 mortgage against which the statute of 
 limitations has run. 6 L.R.A. (N.S.) 
 510. 
 
 Effect of bar of other remedies to prevent a 
 sale of property under a power in a 
 trust deed or mortgage. 13 L.R.A. 
 (N.S.) 1210. 
 
 Effect of debt becoming barred by statute of 
 limitations upon rights and remedies 
 under, conveyance absolute on its face, 
 but intended as a mortgage. 11 L.R.A. 
 (N.S.) 825; 24 L.R.A.(N.S.) 840.
 
 842 
 
 INDEX TO L.R.A. NOTES. 
 
 LIMITATION OF ACTIONS, I. c cont'd 
 Statute of nonclaim as equivalent of limi- 
 tations within the rule that the run- 
 ning of the latter against the debt 
 secured will bar remedy on the mort- 
 gage. 31 L.R.A.(N.S.) 1013. 
 Effect of statutory bar of action for pur- 
 chase money on right to enforce lien 
 where vendor takes mortgage which 
 shows that it is given for the purchase 
 money. 39 L.R.A. (N.S.) 1176. 
 
 d. By and against \vhom available. 
 
 15. Generally. 
 
 As to adverse possession, see ADVERSE POS- 
 SESSION. 
 
 Availability of statute to life tenant pur- 
 chasing property at tax sale. 32 L.R.A. 
 809. 
 
 Corporations as persons within statute of 
 limitations. 19 L.R.A. 224. 
 
 Right of foreign corporation to plead stat- 
 ute. 18 L.R.A. 524; L.R.A.1915C, 544, 
 
 As to right of partners in real property. 
 28 L.R.A. 105. 
 
 Statute of limitations as a defense to revo- 
 cation of physician's or attorney's li- 
 cense. 11 L.R.A.(N.S.) 557; L.R.A. 
 1915D, 1218. 
 
 Right of lien creditor to set up Statute of 
 Limitations against other creditors of 
 his debtor. L.R.A.1918C, 1020. 
 
 16. State or United States. 
 
 On claims against state. 42 L.R.A. 39, 67. 
 
 Applicability of statute to action by agencies 
 of state. 3 L.R.A.(N.S.) 746; 22 
 L.R.A.(N.S.) 921; L.R.A.1916E, 96. 
 
 17. Municipality. 
 
 May statute be interposed against an ac- 
 tion by a municipality to recover dam- 
 ages for injury to property. 32 L.R.A. 
 (N.S.) 245. 
 
 When does statute of limitations begin to 
 run against action upon obligations of 
 municipal or quasi municipal body pay- 
 able out of a particular fund. 10 
 L.R.A.(N.S.) 478. 
 
 Vested right of municipal corporation in 
 defense of statute of limitations. 27 
 L.R.A.(N.S.) 1188. 
 
 e. To what claims applicable. 
 
 18. Generally. 
 
 Claims by or against whom, see supra, 
 15-17. 
 
 Statutes of limitation as applicable to bank 
 
 checks. 22 L.R.A. 110. 
 Applicability of state statute of limitations 
 
 to lien of judgment of Federal court. 
 
 47 L.R.A. 478. 
 Applicability of statute of limitations to 
 
 suit to remove cloud from title. 29 
 
 L.R.A. (N.S.) 930. 
 Application of statute of limitations to 
 
 actions for injuries by milldam. 17 
 
 L.R.A.(N.S.) 206. 
 
 Begin with this hoolc on every laic question. 
 
 LIMITATION OF ACTIONS, I. e cont'd 
 Applicability of statute to action to en- 
 force liability of directors under stat- 
 utes purporting to make them liable 
 for contracting debts in excess of a 
 fixed limit. L.R.A.1915D, 1050. 
 Limitation of actions against directors of 
 corporation for malfeasance or non- 
 feasance. L.R.A.1917A, 980. 
 
 //. When statute runs, 
 a. In general. 
 
 19. Generally. 
 
 When right of action accrues, see ACTION 
 
 OB SUIT, 7. 
 
 In bankruptcy cases, see BANKRUPTCY, 6. 
 On claim for indemnity, see INDEMNITY, 6. 
 Limitation of action to enforce judgment, 
 
 see JUDGMENT, 86. 
 
 What entry or record of judgment or order 
 is necessary to start statute running. 
 28 L.R.A. 634. 
 
 20. Time of breach or of damage. 
 
 In case of injury to real property, see infra, 
 40, 41. 
 
 Does statute of limitations commence to 
 run at time of breach of contract 
 or at time actual damages are sus- 
 tained in consequence thereof. 15 
 L.R.A.(N.S.) 156. 
 
 21. Necessity for demand. 
 
 In action for bank deposit, see infra, 26. 
 In action for money collected, see infra, 
 32. 
 
 b. Contracts; mortgages; accounts; 
 collections. 
 
 22. Contracts generally. 
 
 When action barred, see infra, 49. 
 
 When does statute begin to run against 
 action on contract payable on demand. 
 32 L.R.A. (N.S.) 486. 
 
 When does the statute of limitations com- 
 mence to run against right of action 
 on promise to pay as soon as conven- 
 ient. 1 B. R. C. 113. 
 
 When does statute begin to run against an 
 action for breach of warranty of 
 chattels. L.R.A.1916F, 812. 
 
 Breach by promisor during lifetime of con- 
 tract to compensate for services upon 
 death, as starting the statiite. 36 
 L.R.A.(N.S.) 922. 
 
 23. Negotiable instruments. 
 
 Effect of laches, see supra, 7. 
 
 Effect of acceleration provision in note to 
 start statute of limitations running. 
 12 L.R.A. (N.S.) 1190; 22 L.R.A. (N.S.) 
 1110; 51 L.R.A.(N.S.) 151; L.R.A. 
 1918F, 169.
 
 INDEX TO L.K.A. NOTES. 
 
 843 
 
 LIMITATION OF ACTIONS, II. b cont'd 
 24. Municipal obligations. 
 
 When does statute begin to run against 
 action upon obligations of municipal, 
 or quasi municipal, body payable out 
 of a particular fund. 10 L.R.A.(N.S.) 
 478. 
 
 When does limitation begin to run against 
 action upon municipal bonds represent- 
 ing general funded indebtedness. 16 
 L.R.A.(N.S.) 803. 
 
 25. Deposit; certificate of deposit. 
 
 Against action on certificate of deposit. 29 
 
 L.R.A. (N.S.) 685. 
 Limitation of actions on bank checks. 22 
 
 L.R.A. 110. 
 
 26. necessity for demand. 
 
 Necessity for demand to seti statute 
 running against action on certificate of 
 deposit. 1 L.R.A.(N.S.) 1130. 
 
 Necessity of demand in order to start stat- 
 ute againf-t action for a bank deposit. 
 2 L.R.A.,N.S.) 571. 
 
 27. Insurance. 
 
 .Limitation by contract of time to sue on 
 policy, see INSURANCE, 207, 208. 
 
 Against action to enforce liability of mem- 
 ber of mutual fire insurance company. 
 32 L.R.A. 508. 
 
 Effect of presumption of death from absence 
 upon operation of Statute of Limita- 
 tions. L.R.A.1918B, 93. 
 
 28. Mortgages. 
 
 h fleet of bar of other remedy, see supra, 
 
 14. 
 
 When action barred, see infra, 50. 
 Removal of bar as to, see infra, 65-67, 
 
 71. 
 
 Does limitation run against mortgagee in 
 possession. 34 L.R.A. (N.S.) 356. 
 
 Effect of acceleration provision in mortgage 
 or note to start the statute of limita- 
 tions running. 12 L.R.A.(N.S.) 1190; 
 22 L.R.A.(N.S.) 1110; 51 L.R.A. (N.S.) 
 151; L.R.A.1918F, 169. 
 
 Effect of mortgagor's absence from state to 
 toll statute of limitations as against 
 foreclosure proceedings against his 
 grantee. 26 L.R.A.(N.S.) 898. 
 
 29. Accounts. 
 
 Effect of specific application of payment to 
 last item on open account on statute 
 of limitations. 19 L.R.A. (N.S.) 126. 
 
 Effect of retaining statement of account 
 barred by limitations to render it an 
 account stated. 29 L.R.A. (N.S.) 346. 
 
 30. between cotenants. 
 
 As to accounting bv cotenant. 28 L.R.A. 
 
 859; L.R.A.1918B, 609. 
 Against action between cotenants for use 
 
 and occupation or rents and profits. 
 
 29 L.R.A.(N.S.) 239. 
 Consult also L.R.A. Digests of Cases. 
 
 LIMITATION OF ACTIONS, II. b cont'd 
 31. Action for money collected. 
 
 When does statute of limitations commence 
 to run against action to recover money 
 collected by attorney. 17 L.R.A. (N.S.) 
 667; 51 L.R.A.(N.S.) 279. 
 
 When does statute of limitations commence 
 to run against action to recover money 
 collected by agent not an attorney. 17 
 L.R.A. (N.S.) 660. 
 
 Against action to recover money paid on 
 a judgment subsequently reversed or 
 modified. 25 L.R.A. (N.S.) 31. 
 
 32. necessity for demand. 
 
 Demand as a condition of action to recover 
 money collected by an agent. 28 
 L.R.A.(N.S.) 626. 
 
 o. Corporations; stockholders. 
 
 33. Generally. 
 
 Effect of laches, see supra, 8. 
 
 When statute begins to run against action 
 against directors of corporation for 
 malfeasance or nonfeasance. L.R.A. 
 1917A, 982. 
 
 When statute begins to run against en- 
 forcement of liability of directors un- 
 der statutes purporting to make them 
 liable for contracting debts in excess 
 of a fixed limit. L.R.A.1915D, 1051. 
 
 34. Stockholder's liability. 
 
 Effect of laches, see supra, 8. 
 
 Conflict of laws as to limitation of actions 
 
 against stockholders. 48 L.R.A. 637. 
 Accrual of right of action to put statute 
 of limitations into operation as to 
 stockholder's liability for corporate 
 debts. 10 L.R.A.(N.S.) 897; L.R.A. 
 1917E, 397. 
 
 When does the statute of limitations begin 
 to run against the unpaid balance 
 of a stock subscription. 1 L.R.A. 
 (N.S.) 901. 
 
 d. Actions based on torts, negligence, 
 fraud, trust, mistake, or usury; 
 crimes. 
 
 35. Torts, negligence. 
 
 Torts affecting real property, see infra, 
 
 40, 41. 
 When action barred, see infra, 61. 
 
 Pendency of appeal or error as affecting 
 running of statute of limitations 
 against an action for malicious prose- 
 cution. 43 L.R.A. (N.S.) 611. 
 When statute begins to run against action 
 by private person, based on breach 
 of duty by public officer. 52 L.R.A. 
 (N.S.) 701. 
 
 When statute begins to run against action 
 to hold notary or other officer liable 
 for negligence or fraud in certifying to 
 acknowledgment or affidavit. 49 L.R.A. 
 (N.S.) 56.
 
 844 
 
 INDEX TO L.R.A. NOTES. 
 
 LIMITATION OF ACTIONS, II. d cont'd 
 When does statute commence to run against 
 an action for negligence or misconduct 
 of an attorney in performance of pro- 
 fessional duties. 12 L.R.A.(N.S.) 1005; 
 
 51 L.R.A.(N.S.) 279. 
 
 When limitations begin to run in favor of 
 abstracter of titles. 12 L.R.A.(N.S-) 
 454; 15 L.R.A.(N.S.) 160; L.R.A. 
 1916D, 827. 
 
 When statute commences to run against 
 physician or surgeon for malpractice. 
 L.R.A.1917C, 1172. 
 
 Limitation of actions against directors of 
 corporation for malfeasance or non- 
 feasance. L.R.A.1917A, 982. 
 
 Concealment or ignorance of cause of action 
 as suspending Statute of Limitations 
 against the action for personal injuries 
 or death. L.R.A.1917B, 1259. 
 
 New promise or acknowledgment to remove 
 bar of statute of limitations against 
 an action based on tort. 13 L.R.A. 
 (N.S.) 912. 
 
 36. Fraud. 
 
 Effect of laches, see supra, 10. 
 When action barred, see infra, 53. 
 
 In case of concealed fraud. 6 L.R.A. 799 ; * 
 7 L.R.A. 826;* 8 L.R.A. 687;* 25 
 L.R.A. 566. 
 
 Effect of public records as notice or evidence 
 of notice which will set statute of limi- 
 tations running against action based 
 on fraud. 22 L.R.A. (N.S.) 208. 
 
 Is action based on fraud governed by stat- 
 ute of limitations applicable to injury 
 to property or injury to person. 28 
 L.R.A. (N.S.) 353. 
 
 Effect of rignt to attack property fraudu- 
 lently conveyed, to start statute of 
 limitations runing as against right to 
 file creditors' bill. 2 L.R.A.(N.S.) 988. 
 
 Failure to notify other party of mistake 
 made by him as fraud which will toll 
 the statute of limitations. 21 L.R.A. 
 (N.S.) 950. 
 
 Concealment of identity by change of name 
 as interrupting statute of limitations. 
 39 L.R.A.(N.S.) 741. 
 
 When statute begins to run against action 
 by private person based on breach of 
 duty by public officer involving fraud. 
 
 52 L.R.A. (N.S.) 705. 
 
 Effect of fraud on running of limitations in 
 favor of directors of corporation for 
 malfeasance or nonfeasance. L.R.A. 
 1917A, 982. 
 
 37. Trusts. 
 
 Effect of laches, see supra, 11. 
 When action barred, see infra, 52. 
 
 Effect of executor's promise as to payment 
 of legacy to terminate trust and start 
 limitation. 9 L.R.A. (N.S.) 214. 
 
 Effect of mere silence or failure to give no- 
 tice, between parties sustaining trust 
 or confidential relations, to toll the 
 statute of limitations. 21 L.R.A. (N.S.) 
 963. 
 
 Begin with tliis booTc on every law question. 
 
 LIMITATION OF ACTIONS, II. d cont'd 
 Limitation of actions or suits to compel 
 guardian to account, or to recover on 
 his bond. 47 L.R.A.(N.S.) 451. 
 
 38. Mistake. 
 
 When does statute of limitations commence 
 to run against action to recover money 
 paid by mistake. 11 L.R.A. (N.S.) 1191. 
 
 Failure to notify other party of mistake 
 made by him as fraud which will toll 
 statute of limitations. 21 .L.R.A. (N.S.) 
 950. 
 
 38a. Usury. 
 
 When action barred, see infra, 54. 
 
 Against action to recover penalty against 
 national bank taking usurious interest. 
 56 L.R.A. 705. 
 
 38b. Crimes. 
 
 Running of limitations against action to 
 recover stolen property. 29 L.R.A. 
 (N.S.) 120; 34 L.R.A. (N.S.) 621. 
 
 e. Suits relating to real property; tax 
 sales. 
 
 39. Generally. 
 
 Effect of laches, see supra, 9. 
 
 Mortgage on, see supra, 28. 
 
 When action barred, see infra, 55-57. 
 
 Effect of husband's life estate to suspend 
 or prevent running of statute of limita- 
 tions against wife's title to real estate 
 adversely possessed. 10 L.R.A. (N.S.) 
 86. 
 
 Does statute of limitations run during life 
 estate against proceedings by remain- 
 derman to compel appropriation of 
 property by third person having power 
 of eminent domain. 15 L.R.A. (N.S.) 
 1154. 
 
 Effect of void proceedings under which real 
 property is sold, to start statute of 
 limitations running in favor of pur- 
 chaser in possession. 8 L.R.A. (N.S. ) 
 354. 
 
 Accrual of cause of action for breach of 
 covenant of seisin or of warranty, so 
 as to set in motion the statute of limi- 
 tations. 17 L.R.A. (N.S.) 1189. 
 
 40. For injury to land; nuisances. 
 
 When action barred, see infra, 56. 
 
 When right of action for injury to real 
 estate, from a cause not immediately 
 effective, accrues. 5 L.R.A. (X.S.) 379. 
 
 When does statute begin to run against ac- 
 tion based upon removal of minerals 
 from real estate. L.R.A.1917C, 116. 
 
 When does statute of limitations commence 
 to run against action for injury to 
 surface by mining operations or other 
 excavations. 23 L.R.A. ( N.S. )' 805. 
 
 Running of limitations against action by 
 abutting owner for compensation for 
 railroad in street. 36 L.R.A. (N.S.) 
 835.
 
 INDEX TO L.R.A. NOTES. 
 
 845 
 
 LIMITATION OF ACTIONS, II. e cont'd 
 When cause of action for continuing nui- 
 sance arises. L.R.A.1916E, 999. 
 
 41. caused by water. 
 
 Against municipality for injury by surface 
 water. 65 L.R.A. 285. 
 
 Against action for breach of duty by munic- 
 ipality with respect to drainage. 61 
 L.R.A. 711. 
 
 When does statute begin to run against 
 action for damages to land on account 
 of obstructing stream or surface water. 
 20 L.R.A.(N.S.) 886; 25 L.R.A. (N.S.) 
 645. 
 
 When does statute commence to run against 
 action for damages for the flooding of 
 land caused by the digging of a ditch 
 or drain. 20 L.R.A. (N.S.) 894; 25 
 L.R.A. (N.S.) 645. 
 
 When does statute of limitations commence 
 to run against action for damages 
 caused by seepage from a ditch or canal. 
 23 L.R.A.(N.S.) 795. 
 
 Application of statute of limitations to 
 actions for injuries caused by milldam. 
 17 L.R.A.(N.S.) 206. 
 
 42. Joint tenants. 
 
 Accounting between, see supra, 30. 
 
 Laches as affecting right of one cotenant 
 to benefit of purchase of outstanding 
 title by another. 19 L.R.A.(N.S.) 526. 
 
 Disability of some, but not all, of the joint 
 tenants as affecting the statute of limi- 
 tations. 7 L.R.A.(N.S.) 407. 
 
 43. Tax sales. 
 
 Effect of laches, see supra, 9. 
 When action barred, see infra, 57. 
 
 Does a void tax deed set in motion special 
 statutes of limitation governing actions 
 to recover land sold for taxes. 27 
 L.R.A.(N.S.) 339. 
 
 Effect upon special statute of limitations, 
 which begins to run from time actual 
 possession is taken under tax deed, of 
 fact that such deed was void or irregu- 
 lar. 23 L.R.A.(N.S.) 1102. 
 
 Construction and effect of statute of limita- 
 tions in case of substitute conveyance 
 of land sold for taxes. 44 L.R.A. (N.S.) 
 857. 
 
 /. Decedents' estates. 
 
 44. Generally. 
 
 When action barred, see infra, 58. 
 
 Effect of executor's promise as to payment 
 of legacy to terminate trust and start 
 limitations running. 9 L.R.A. (N.S.) 
 214. 
 
 Is statute of limitations suspended during 
 period allowed administrator to bring 
 action. 13 L.R.A. (N.S.) 1200. 
 
 Effect of appointment of temporary adminis- 
 trator. 38 L.R.A. (N.S.) 824. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LIMITATION OF ACTIONS, II. cont'd 
 g. Miscellaneous Kinds of action. 
 
 45. Generally. 
 
 As to liability of title abstractor. 12 
 L.R.A.(N.S.) 454; 15 L.R.A. (N.S.) 
 160. 
 
 Against action to recover stolen or lost 
 property. 29 L.R.A. (N.S.) 120; 34 
 L.R.A.(N.S.) 621. 
 
 When right of accommodation party who 
 has been obliged to pay bill or note ac- 
 crues to recover amount so paid from 
 accommodated party. 37 L.R.A. (N.S. ) 
 787. 
 
 Against an action by a surety against a 
 cosurety for contribution. 18 L.R.A. 
 (N.S.) 585; 42 L.R.A. (N.S.) 1131. 
 
 h. Absence; nonresidence ; disabilities; 
 coverture. 
 
 46. Generally. 
 
 Absence from state as affecting running of 
 statute against judgment. 51 L.R.A. 
 (N.S.) 883. 
 
 What constitutes "residence out of the 
 state" within meaning of statute. 17 
 L.R.A. 225; 47 L.R.A.(N.S.) 309. 
 
 Applicability to nonresidents of provision 
 suspending limitations against defend- 
 ant who is out of state, until his "re- 
 turn." 25 L.R.A. (N.S.) 24. 
 
 Applicability of provision that time during 
 which defendant is a nonresident shall 
 not be computed, to defendant who was 
 a nonresident when cause of action ac- 
 crued. 34 L.R.A. (N.S.) 436. 
 
 Applicability of tolling provision in general 
 statute when defendant absent from 
 state, to special limitation imposed by 
 statute creating cause of action for 
 wrongful death. 38 L.R.A. (N.S.) 521. 
 
 Effect of mortgagor's absence from the state 
 to toll the statute of limitations as 
 against foreclosure proceedings against 
 his grantee. 26 L.R.A. (N.S.) 898. 
 
 Sufficiency and effect of "return" to state 
 by defendant to start statute of limi- 
 tations running. 23 L.R.A. (N.S.) 547. 
 
 Effect of presumption of death from ab- 
 sence upon operation of statute of limi- 
 tations. L.R.A.1918B, 93. 
 
 Imprisonment as a disability within saving 
 clause of Statute of Limitations. L.R.A. 
 1918F, 352. 
 
 i. Disabilities; coverture. 
 
 47. Generally. 
 
 Disability of some but not all of joint ten- 
 ants as affecting statute of limitations. 
 7 L.R.A. (N.S.) 407. 
 
 Interruption of statute of limitations by in- 
 fancy of one succeeding to original own- 
 er's interest. 3 B. R. C. 741. 
 
 Mental incapacity as affecting running of 
 statute of limitations. 51 L.R.A. 
 (N.S.) 834. 
 
 Statutory removal of disability of coverture 
 as repealing exception in Statute of 
 Limitations in favor of married women. 
 L.R.A.1918C, 193.
 
 846 
 
 INDEX TO L.R.A. NOTES. 
 
 LIMITATION OF ACTIONS cont'd 
 
 ///. Period of limitation; when action 
 barred. 
 
 a. In general. 
 
 48. Generally. 
 
 Vested right in defense of bar, see supra, 
 
 3. 
 Effect of bar of one remedy, on right to 
 
 other remedy, see supra, 13, 14. 
 Presumption of payment from lapse of time, 
 
 see EVIDENCE, 106. 
 Limitation of actions to enforce judgment, 
 
 see Judgment, 86. 
 
 First and last days in computation of time 
 for. 49 L.R!A. 212; 38 L.R.A.(N.S.) 
 1160. 
 
 Admissibility of book of account as affected 
 by lapse of time. 52 L.R.A. 569. 
 
 Applicability of general provision giving 
 additional time for bringing new action 
 after failure of a previous suit, to 
 cause of action created by a statute 
 which prescribes a special limitation 
 period. 51 L.R.A.(N.S.) 721. 
 
 b. Contracts; mortgages. 
 
 49. Contracts generally. 
 
 When statute runs, see supra, 22. 
 
 Recital of consideration as contract in writ- 
 ing within statute of limitations. 68 
 L.R.A. 931. 
 
 Statute of limitations applicable to action 
 to enforce an implied promise arising 
 from acceptance of devise chargeable 
 with payment of legacy. 8 L.R.A. 
 (N.S.) 393. 
 
 50. Mortgages. 
 
 Effect of bar of other remedy, see supra, 
 
 14. 
 
 When statute runs, see supra, 28. 
 Removal of bar, see infra, 65-67, 71. 
 
 Does the last payment on a past-due debt 
 secured by a mortgage, which debt sub- 
 sequently becomes barred, fix the pe- 
 riod from which the limitation applica- 
 ble to the mortgage is to be computed. 
 11 L.R.A.(N.S.) 744. 
 
 c. Negligence; trusts; fraud; usury. 
 
 51. Negligence. 
 
 When statute runs, see supra, 35. 
 
 Necessity of pleading limitation as a bar 
 to statutory action for death. 26 
 L.R.A.(N.S.) 1221. 
 
 When action against directors of corpora- 
 tion for malfeasance or nonfeasance is 
 barred.- L.R.A.1917A, 985. 
 
 52. Trusts. 
 
 Effect of laches, see supra, 11. 
 When statute runs, see supra, 37. 
 
 Begin with this book on every law question. 
 
 LIMITATION OF ACTIONS, HI. c cont'd 
 Effect of statute of limitations on the trust 
 relationship arising from the taking of 
 title in the husband's name, to lands in- 
 herited by, or purchased with the 
 money of, the wife. 12 L.R.A. (N.S.) 
 493. 
 
 Action against directors of corporation for 
 malfeasance or nonfeasance as one to 
 declare and enforce an implied trust. 
 L.R.A.1917A, 985. 
 
 53. Fraud. 
 
 Effect of laches, see supra, 10. 
 When statute runs, see supra, 36. 
 
 Is action based on fraud governed by stat- 
 ute applicable to injury to property, or 
 injury to the person. 28 L.R.A. (N.S.) 
 353. 
 
 When action against directors of corpora- 
 tion for malfeasance or nonfeasance is 
 barred. L.R.A.1917A, 985. 
 
 54. Usury. 
 
 When statute runs, see supra, 38a. 
 
 Limit of time for interposing defense of 
 usury against national bank. 56 L.R.A. 
 686. 
 
 Right to set off usurious payments to na- 
 tional bank when right to recover pen- 
 alty barred by limitation. 56 L.R.A. 
 699*. 
 
 ' d. Suits relating to real property. 
 
 55. Generally. 
 
 Effect of laches, see supra, 9. 
 
 When statute runs, see supra, 39-42. 
 
 Mortgage on, see supra, 50. 
 
 Limitation applicable to action to recover 
 compensation for property taken or 
 damaged in the exercise of the power 
 of eminent domain. L.R.A.1918E, 139. 
 
 Vested right in defense of limitations in 
 . actions involving title to real property. 
 45 L.R.A. 609. 
 
 Right of one in possession under void fore- 
 closure sale as affected by statute of 
 limitations. 40 L.R.A. (N.S.) 846. 
 
 Delay of infant or feme covert in paying 
 purchase price or bringing suit as bar 
 to action for specific performance of 
 contract for sale of land, of which time 
 is not of the essence. 25 L.R.A. (N.S.) 
 639. 
 
 56. Injuries to land. 
 
 When statute runs, see supra, 40, 41. 
 
 Action for injury to lateral support. 68 
 L.R.A. 693. 
 
 Action for injuries from taking of water 
 supply by right of eminent domain. 58 
 L.R.A. 258. 
 
 For damming back waters of stream. 59 
 L.R.A. 888. 
 
 Applicability of statute of limitations gov- 
 erning action for trespass, to actions 
 for damages to real property. 26 
 L.R.A. (N.S.) 1047. 
 
 Effect of statute of limitations on liability 
 of life tenant for permissive waste. 33 
 L.R.A.(N.S.) 675.
 
 INDEX TO L.R.A. NOTES. 
 
 847 
 
 LIMITATION OF ACTIONS, III. d cont'd 
 57. Taxes; tax sales. 
 
 Effect of laches, see supra, 9. 
 When statute runs, see supra, 43. 
 
 Statute limiting time for attack on tax 
 sale, or creating a conclusive presump- 
 tion as to its validity, as applied to a 
 sale under proceedings, void for juris- 
 dictional defects, under which posses- 
 sion lias not been taken. 8 L.R.A. 
 (N.S.) 157. 
 
 Statutory limitation of time for relief 
 against tax deed as affecting right 
 to set up invalidity of tax title as 
 a defense. 46 L.R.A. (N.S.) 1065. 
 
 e. Decedents' estates. 
 
 58. Generally. 
 
 When statute runs, see supra, 44. 
 Limitation of time to present claim against 
 
 decedent's estate, see EXECUTORS AND 
 
 ADMINISTRATORS. 40, 43. 
 Waiver or tolling of statute by personal 
 
 representative, see infra, 62a. 
 
 Effect on devolution of decedent's personalty 
 of statutes barring administration and 
 of lapse of time. 15 L.R.A. 497. 
 
 Do proceedings for sale of decedent's real 
 property fall within "omnibus" provi- 
 sion of statute of limitations. 25 
 L.R.A.(N.S.) 1304. 
 
 /. Miscellaneous. 
 
 3 59. Generally. 
 
 Right of eminent domain to acquire water 
 supply. 58 L.R.A. 258. 
 
 Limitation applicable to bastardy proceed- 
 ings or action to compel support. 40 
 L.R.A. (N.S.) 144. 
 
 Time within which action must be brought 
 under Federal employers' liability act. 
 47 L.R.A. (N.S.) 78. 
 
 Action by carrier to recover difference be- 
 tween rate charged shipper and proper 
 rate. 49 L.R.A. (N.S.) 100. 
 
 Action at law to compel guardian to ac- 
 count or to recover on his bond. 47 
 L.R.A. (N.S.) 451. 
 
 Action against directors of corporation for 
 malfeasance or nonfeasance. L.R.A. 
 1917A, 985. 
 
 IV. Interruption of statute; removal of 
 bar. 
 
 a. In general. 
 
 60. Generally. 
 
 What will prevent or delay running of lim- 
 itation on stipulated time for commen- 
 cing suit on insurance policy. 47 
 L.R.A. 709; 48 L.R.A. (N.S.) 906. 
 
 Effect of overt act within limitation period 
 where the conspiracy was originally 
 formed and the first act committed be- 
 yond the period of limitation. 12 
 L.R.A.(N.S.) 1053. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LIMITATION OF ACTIONS, IV. a ont'd 
 
 Effect, on running of statute of limitations, 
 of request not to sue or agreement not 
 to plead the statute. 16 L.R.A. (N.S.) 
 645. 
 
 Is statute of limitations suspended during 
 period allowed administrator to bring 
 action. 13 L.R.A. (N.S.) 1200. 
 
 Effect of creating testamentary trust for 
 payment of debts. 5 L.R.A. (N.S.) 361. 
 
 Admissibility of books of account to re- 
 move bar of limitations. 52 L.R.A. 707. 
 
 Interruption of statute of limitations by 
 infancy of one succeeding to original 
 owner's interest. 3 B. R. C. 741. 
 
 Suspension by bankruptcy proceedings. 
 L.R.A.1915B, 1221. 
 
 61. Interruption by Insolvency as- 
 signment. 
 
 Claims against fund assigned for creditors. 
 26 L.R.A. 737. 
 
 Actions against assignor. 26 L.R.A. 737. 
 
 Rule in equity. 26 L.R.A. 737. 
 
 Statutory provisions. 26 L.R.A. 737. 
 
 Fund obtained under United States bank- 
 ruptcy statute. 26 L.R.A. 738. 
 
 Suits against bankrupt. 26 L.R.A. 738. 
 
 62. Power of partner after dissolu- 
 tion to interrupt statute. 
 
 Generally. 15 L.R.A. 656. 
 
 Power to revive liability upon barred debt. 
 
 15 L.R.A. 657. 
 Rule as to debts not yet barred. 15 L.R.A. 
 
 658. 
 
 Notice of dissolution. 15 L.R.A. 659. 
 Giving note, confessing judgment, etc. 15 
 
 L.R.A. 660. 
 Power of liquidating partner. 15 L.R.A. 
 
 660. 
 
 Special cases; contribution. 15 L.R.A. 660. 
 Statutory changes. 15 L.R.A. 660. 
 
 62a. Waiver or tolling of statute by 
 personal representative. 
 
 Waiver or tolling of the statute of limita- 
 tions or nonclaim by personal rep- 
 resentative as to an indebtedness 
 of the estate. L.R.A.1915B, 1016. 
 
 Z>. By suit. 
 
 63. Generally. 
 
 When action based on service by publication 
 deemed commenced, for purpose of stat- 
 ute of limitations. 28 L.R.A. (N.S.) 
 702. 
 
 Loss of cause of action by lapse of time 
 pending suit. 18 L.R.A. 211. 
 
 Fault of plaintiff causing failure of suit as 
 affecting his right to additional time 
 allowed by statute for bringing new 
 action. 11 L.R.A. (N.S.) 478. 
 
 Suspension of operation of Statute of Limi- 
 tations as incident to grant or denial 
 of equitable relief. L.R.A.1918C, 123. 
 
 Suspension by injunction. 30 L.R.A. 142. 
 
 Effect of injunction against legal proceed- 
 ings to prevent running of statute. 3 
 L.R.A.(N.S.) 1187; 23 L.R.A.(N.S.) 
 673; L.R.A.1918F, 688.
 
 848 
 
 INDEX TO L.R.A. NOTES. 
 
 LIMITATION OF ACTIONS, IV. b cont'd 
 
 Quashing summons or setting aside service 
 thereof as affecting statute of limita- 
 tions. 45 L.R.A. (N.S.) 756. 
 
 Pending of suit by third person as sus- 
 pending the running of the statute of 
 limitation. 32 L.R.A.(N.S.) 1165. 
 
 Suit affecting title to real estate not prose- 
 cuted to an actual change of possession 
 as tolling Statute of Limitations. 
 L.R.A.1918A, 1046. 
 
 Failure of action because planted in wrong 
 court as ground for tolling limitation 
 statute. L.R.A.1917C, 208. 
 
 Right of one creditor to intervene in an- 
 other's action after the period for be- 
 ginning such action has expired. L.R.A. 
 1917D, 885. 
 
 64. Relation of new pleadings to 
 statute of limitations. 
 
 In general. 3 L.R.A.(N.S.) 259: 33 L.R.A. 
 
 (N.S.) 196; 47 L.R.A.(N.S-) 932. 
 The statutes and their interpretation. 3 
 
 L.R.A.(N.S.) 260. 
 The allowing of amendments. 3 L.R.A. 
 
 (N.S.) 264. 
 
 Underlying principles. 3 L.R.A. (N.S.) 267. 
 The question of applying the principles. 
 
 3 L.R.A. (N.S.) 272. 
 Illustrative cases. 3 L.R.A. (N.S.) 275; 47 
 
 L.R.A.(N.S.) 933. 
 Changes from law to law. 3 L.R.A. (N.S.) 
 
 287; 30 L.R.A. (N.S.) 1096. 
 Amendment to avoid the bar of the statute 
 
 of limitations. 3 L.R.A. (N.S.) 293. 
 Enlarging claims. 3 L.R.A. (N.S.) 293. 
 Limitation by contract or special statute, 
 
 3 L.R.A.(N.S.) 294. 
 Transition from Federal to state court. 3 
 
 L.R.A. (N.S.) 295. 
 Lack of jurisdiction in the beginning. 3 
 
 L.R.A. (N.S.) 296. 
 
 Premature suits. 3 L.R.A.(N.S.) 296. 
 Structural weakness at the outset. 3 L.R.A. 
 
 (N.S.) 296. 
 
 Changes in parties. 3 L.R.A. (N.S.) 304. 
 Effect of amendments on suit affecting title 
 
 to real estate not prosecuted to an ac- 
 tual change of possession as tolling 
 
 Statute of Limitations. L.R.A.1918A, 
 
 1048. 
 
 c. Payment. 
 
 65. Generally. 
 
 Right to apply indebtedness owed by cred- 
 itor to debtor for purpose of tolling 
 statute. L.R.A.1915E, 794. 
 
 Effect of payments to estop one from plead- 
 ing statute of limitations. 63 L.R.A. 
 203. 
 
 Effect of payment on conditions to take a 
 debt out of the bar of the statute of 
 limitations. 55 L.R.A. 320. 
 
 Begin 
 
 this boofc on evei"y law question. 
 
 LIMITATION OF ACTIONS, IV. c cont'd 
 
 Revival of barred debt by application of 
 general payment. 14 L.R.A. 208; 13 
 .L.R.A. (N.S.) 1141. 
 
 Right to apply indebtedness owed by 
 creditor to debtor, for purpose of toll- 
 ing statute. 42 L.R.A. (N.S.) 1155. 
 
 Effect of giving a check for an indebtedness, 
 or part thereof, to toll the statute of 
 limitations upon the original indebted- 
 ness. 18 L.R.A. (N.S.) 223. 
 
 At what time does a partial payment made 
 by check or note arrest the running of 
 the statute of limitations. 1 B. R. C. 
 494. 
 
 Effect of payment on barred judgment. 8 
 L.R.A. (N.S.) 445. 
 
 Effect of payment on security held as col- 
 lateral to stay running of statute 
 against principal obligation. 12 L.R.A. 
 (N.S.) 1032. 
 
 Giving of commercial paper as taking debt 
 out of statute. 35 L.R.A. (N.S.) 07. 
 
 Effect of specific application of payment to 
 last item of open account upon the 
 statute of limitations. 19 L.R.A. (N.S.) 
 126. 
 
 Does the last payment on a past-due debt 
 secured by a mortgage, which debt sub- 
 sequently becomes barred, fix the period 
 from which the limitation applicable to 
 the mortgage is to be computed. 11 
 L.R.A.(N.S.) 744. 
 
 66. Effect on one person, of payment 
 
 by another. 
 
 Payment by principal as extending limita- 
 tion period as to surety. 37 L.R.A. 
 (N.S.) 272. 
 
 Payment by joint debtor as agent of co- 
 debtor, as suspending or tolling statute 
 of limitations as to himself. 38 L.R.A. 
 
 - (N.S.) 685. 
 
 Effect of part payment on mortgage by one 
 cotenant to toll statute of limitations 
 as to others. 27 L.R.A. (N.S.) 146. 
 
 Effect of payment by mortgagor to toll stat- 
 ute as against his grantee or other per- 
 son holding interest in property 
 through him. 28 L.R.A. (N.S.) 169. 
 
 Payment of interest by derisee of property 
 covered by mortgage, as keeping debt 
 alive against whole estate. 2 B. R. C. 
 293. 
 
 Effect of payment by personal representa- 
 tive to toll statute as to an indebted- 
 ness of the estate. L.R.A.1915B, 1047. 
 
 67. Application of proceeds of invol- 
 untary sale. 
 
 Effect of application to indebtedness of 
 proceeds of sale of collateral security, 
 upon running of statvite of limitations. 
 27 L.R.A.(N.S.) 843; L.R.A.1916A, 734. 
 
 Effect of application of proceeds of sale 
 under deed of trust or mortgage upon 
 the running of the statute of limita- 
 tions against the indebtedness secured. 
 14 L.R.A.(N.S.) 479.
 
 INDEX TO L.E.A. NOTES. 
 
 849 
 
 LIMITATION OF ACTIONS, IV. cont'd 
 d. New promise or acknowledgment. 
 
 68. Generally. 
 
 New promise after bar. 53 L.R.A. 362. 
 Effect of new promise or acknowledgment of 
 
 debt to remove bar of limitations to. 
 
 enforce vendor's lien. 39 L.R.A. (N.S.) 
 
 1177. 
 New promise or acknowledgment to remove 
 
 bar of statute of limitations against an 
 
 action based on tort. 13 L.R.A. (N.S.) 
 
 812. 
 Effect of new promise or payment on barred 
 
 judgment. 8 L.R.A. (N.S.) 440, 
 
 69. To whom must be made. 
 Person to whom acknowledgment or new 
 promise must be made to toll the 
 statute or remove the bar. 25 
 L.R.A. (N.S.) 805; 33 L.R.A. (N.S.) 
 262. 
 
 To whom acknowledgment or new promise 
 by personal representative may be made 
 so as to toll or waive statute as to in- 
 debtedness of the estate. L.R.A.1915B, 
 1047. 
 
 70. Sufficiency of. 
 
 Promise to pay as soon as one can. 27 
 L.R.A.(N.S.) 300; L.R.A.1918A, 902. 
 
 Expression of hope or expectation as a new 
 promise which will toll the statute of 
 limitations. 38 L.R.A. (N.S.) 577. 
 
 New promise accompanied by request to 
 know if creditor is satisfied. 43 L.R.A. 
 (N.S.) 535. 
 
 Unaccepted offer of compromise as tolling 
 statute. 37 L.R.A. (N.S.) 885. 
 
 Devise or legacy reciting consideration as 
 acknowledgment affecting bar of stat- 
 ute. 1 L.R.A. (N.S.) 1117. 
 
 71. Effect on one person, of ac- 
 knowledgment or promise by an- 
 other. 
 
 Promise by principal as extending limita- 
 tion period as to surety. 37 L.R.A. 
 (N.S.) 272. 
 
 Acknowledgment, or promise to pay by 
 joint debtor as agent of codebtor, as 
 suspending or tolling statute of limita- 
 tions as to himself. 38 L.R.A. (N.S.) 
 685. 
 
 Effect of acknowledgment by mortgagor to 
 toll statute as against his grantee or 
 other person holding interest in prop- 
 erty through him. 28 L.R.A. (N.S.) 
 169. 
 
 Effect of acknowledgment or new promise 
 by personal representative to toll stat- 
 ute as to an indebtedness of the estate. 
 L.R.A.1915B, 1044. 
 
 LIMITATION OF INDEBTEDNESS. 
 
 Of county, see COUNTIES, 10. 
 Of municipality, see MVNICIPAL CORPO- 
 RATIONS, 65-67. 
 
 LIMITATION OF INDEBTEDNESS 
 
 cont'd 
 
 Of school district, see SCHOOLS, 33. 
 Of state, see STATES, 15. 
 
 Enforceability of loan to private corpora- 
 tion which alone or in connection with 
 existing indebtedness exceeds the cor- 
 poration's power to incur indebtedness. 
 11 L.R.A.(N.S.) 598. 
 
 LIMITATION OF LIABILITY. 
 
 Of carrier, see CARRIERS, 28, 29, 91, 128- 
 
 135. 
 
 Of shipowner, see SHIPPING, 20. 
 Of telegraph company, see TELEGRAPHS, 
 
 20, 21. 
 
 By surety for surety. 21 L.R.A. 250. 
 
 Limitation by statute of liability for set- 
 ting fires spreading to property of 
 others. 21 L.R.A. 256. 
 
 Effect of statute limiting innkeeper's liabil- 
 ity for goods not delivered into his 
 custody. 22 L.R.A. (N.S.) 577; 51 
 L.R.A.(N.S.) 1168. 
 
 How far does limitation of liability in 
 policy of indemnity insurance against 
 liability for injuries to employees and 
 others include expenses of litigation. 
 12 L.R.A.(N.S.) 479; 43 L.R.A. (N.S.) 
 1128. 
 
 Effect of provision for, in lease on liability 
 of landlord to tenant for damage bv^ 
 water. L.R.A.1917B, 233, 245. 
 
 LIMITATION OVER. 
 
 Under rule in Shelley's Case, see DEEDS, 
 
 30; WILLS, 82. 
 In general, see DEEDS, 31; WILLS, 93. 
 
 LIMITED LIABILITY. 
 
 See SHIPPING, 20. 
 
 LIMITED PARTNERSHIP. 
 
 See PARTNERSHIP, 58. 
 
 + 
 
 LIMITED PROBATE. 
 
 Contents of will as affecting right to. 34 
 L.R.A.(N.S.) 971. 
 
 LIMITED TICKETS. 
 
 Passenger's right to stop over in case of. 
 28 L.R.A. 775. 
 
 Consult also L.R,A. Digests of Cases. 54
 
 850 
 
 INDEX TO L.R.A. NOTES. 
 
 LINE FENCE. 
 
 See FENCES, 2, 3. 
 
 LINEMEN. 
 
 In general, see ELECTRICITY, III. 
 Master's liability for injury to, generally, 
 
 see MASTER AND SERVANT, 86. 
 Master's liability for negligence of vice 
 
 principal toward, see MASTER AND 
 
 SERVANT, 154. 
 
 LINSEED OIL. 
 
 Right to require that oil offered for sale 
 shall answer a designated standard of 
 purity. 41 L.R.A.(N.S.) 150. 
 
 LION. 
 
 Liability for injury by. 52 L.R.A.(N.S.) 
 378. 
 
 LIQUIDATED DAMAGES. 
 
 See DAMAGES, 38-40. 
 
 LIQUIDATED DEMANDS. 
 
 Accord and satisfaction by part payment 
 of. 20 L.R.A. 789; L.R.A.1917A, 719. 
 
 LIQUIDATING PARTNER. 
 
 Powers of, see PARTNERSHIP, 34. 
 
 Right to compensation. 11 L.R.A. (N.S.) 
 1018; 17 L.R.A.(N.S.) 396; 21 L.R.A. 
 (N.S.) 1005; L.R.A.1917F, 576. 
 
 LIQUOR LICENSE. 
 
 See INTOXICATING LIQUORS, 9-16. 
 
 LIQUOR NUISANCE. 
 
 See INTOXICATING LIQUORS, 37. 
 
 LIQUORS. 
 
 LIS PENDENS. 
 
 1. Generally. 
 
 Abatement by pendency of action, see 
 ABATEMENT AND REVIVAL, 5-7. 
 
 Index of, as part of record of title. 14 
 L.R.A. 395. 
 
 Suit for specific performance of contract 
 in relation to real property as Us 
 pendens. 36 L.R.A. (N.S.) 552. 
 
 2. Commencement of. 
 
 Beginning of Us pendens as to rights as- 
 serted by defendant as basis of affirm- 
 ative relief. 8 L.R.A. (N.S.) 464. 
 
 3. Effect of. 
 
 Pendency of action as creating contingency 
 of claim affecting time for its presenta- 
 tion. 58 L.R.A. 84. 
 
 Filing of, as notice of assignment. 66 
 L.R.A. 771. 
 
 Effect of filing of Us pendens on marketa- 
 bility of title. 38 L.R.A. (N.S.) 29. 
 
 4. Purchase pending suit. 
 
 Protection to one purchasing after decree 
 and before any steps have been taken 
 to review the same. 10 L.R.A. (N.S.) 
 443. 
 
 Substitute conveyances pendente lite. 44 
 L.R.A. (N.S.) 859. 
 
 Invoking theory of lis pendens in case of 
 transfer of property in violation of re- 
 straining order. 50 L.R.A. (N.S.)' 873. 
 
 Rights of one acquiring interest in property 
 from party to suit pending proceedings 
 in appellate court. 27 L.R.A. (N.S.) 
 735. 
 
 LIST. 
 
 Failure to file tax list, see TAXES, 52. 
 
 LISTENING. 
 
 At railroad crossing, see RAILROAD, 83, 
 84. 
 
 Voluntariness of confession procured by. 18 
 L.R.A.(N.S.) 843. 
 
 LISTING. 
 
 What constitutes listing of property with 
 broker. 24 L.R.A.(N.S.) 562. 
 
 See INTOXICATING LIQUOBS. 
 
 Begin tvith this ~booTc on every law question. 
 
 LITERARY AND ARTISTIC 
 PROPERTY. 
 
 Copyright on, see COPYRIGHT. 
 
 Literary critcism as libel, see LIBEL AND 
 
 SLANDER, 15. 
 Rights in, as between master and servant, 
 
 see MASTER AND SERVANT, 14.
 
 INDEX TO L.R.A. NOTES. 
 
 851 
 
 LITERARY AND ARTISTIC PROPERTY 
 cont'd 
 
 Rights at common law in intellectual pro- 
 ductions. 9 L.R.A.(N.S.) 174; 43 
 L.R.A. (N.S.) 639. 
 
 Common-law right in unpublished pictures. 
 1 B. R. C. 195. 
 
 LITERATURE. 
 
 Validity of bequest for literary purposes. 
 37 L.R.A.(N.S.) 1006. 
 
 LITIGATION. 
 
 Arising out of Mexican revolution. L.R.A. 
 1917 A, 280; L.R.A.1918E, 361. 
 
 Equal privileges as to. 14 L.R.A. 583. 
 
 Power of corporate president as to. 14 
 L.R.A. 360. 
 
 Hazard of, as affecting marketability of 
 title. 38 L.R.A.(N.S.) 14. 
 
 Personal liability of executor or adminis- 
 trator to distributees for interest where 
 settlement of estate is delayed by. 31 
 L.R.A. (N.S.) 355. 
 
 Publication of matters derogatory to 
 parties to, as attempt to prevent or 
 obstruct course of justice or as con- 
 tempt of court. 2 B. R. C. 483. 
 
 Grantee's oral promise to grantor to hold 
 in trust made for purpose of avoiding 
 litigation and giving rise to construc- 
 tive trust. 39 L.R.A.(N.S.) 916. 
 
 Use of public funds to pay expenses in- 
 curred by officer or citizen in litigation. 
 L.R.A.1916D, 92. 
 
 LITIGIOUS RIGHTS. 
 
 Purchase or sale of. L.R.A.1916E, 72. 
 
 LITTORAL OWNERS. 
 
 See WATERS, II. 
 
 14, 
 
 LIVERY STABLE. 
 
 1. Generally. 
 
 As to boat livery, see BOAT LTVERY. 
 Lien for keeping horses, see LIENS, 
 17. 
 
 Care required of keeper of boarding stable. 
 
 23 L.R.A. (N.S.) 188. 
 Keepers of, as independent contractors. 65 
 
 L.R.A. 468. 
 Liability of keeper for loss of property of 
 
 patron. 3 L.R.A. (N.S.) 348. 
 Liability of stranger's property in hands of 
 
 livery keeper to distress. 25 L.R.A. 
 
 (N.S.) 796. 
 Consult also L.R.A. Digests of Cases. 
 
 LIVERS STABLE cont'd 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of livery stable busi- 
 ness as affected by territorial scope. 
 24L.R.A.(N.S.) 929; L.R.A.1916C, 630. 
 
 2. Use of property for. 
 
 As a nuisance. 17 L.R.A. (N.S.) 1025; 49 
 
 L.R.A.(N.S.) 958. 
 Municipal regulation of, as nuisance. 38 
 
 L.R.A. 653. 
 Power to use property for, conditional upon 
 
 consent of neighbors. 8 L.R.A. (N.S.) 
 
 978. 
 
 3. Hiring of horses. 
 
 Warranty of horse or vehicle kept for 
 
 hire. 19 L.R.A. 283. 
 Duty of livery-stable keeper as to character 
 
 of horse. 25 L.R.A. (N.S.) 372. 
 Who is responsible for acts of driver fur- 
 nished with a hired vehicle. 13 L.R.A. 
 
 (N.S.) 1122; 16 L.R.A. (N.S.) 816; 
 
 25 L.R.A. (N.S.) 33; 38 L.R.A. (N.S.) 
 
 973; L.R.A.1918E, 121. 
 Liability of hirer for injury to horse while 
 
 being used for a purpose other than 
 
 that for which it was hired. 26 L.R.A. 
 
 366; 28 L.R.A. (N.S.) 1106. 
 Implied or apparent authority of agent or 
 
 employee to bind principal for horse 
 
 hire. L.R.A.1916B, 755. 
 
 LIVE STOCK. 
 
 In general, see ANIMALS. 
 Transportation of, see CARRIERS, 124- 
 127. 
 
 Cattle yards on railroad right of way as 
 separate subjects of taxation. L.R.A. 
 1916E, 416. 
 
 LIVING PERSON. 
 
 Collateral impeachability of findings as to 
 jurisdictional facts on which admin- 
 istration of estate of living person is 
 based. 18 L.R.A. 242. 
 
 Validity of acts by executor or adminis- 
 trator under letters testamentary or 
 of administration where person is sub- 
 sequently proved to be alive. 21 L.R.A. 
 147; 43 L.R.A.(N.S.) 634. 
 
 LLOYDS. 
 
 Insurance by, see INSURANCE, 
 203. 
 
 11, 64, 
 
 LOADING CARS. 
 
 As delivery to carrier. 32 L.R.A. (N.S.) 
 313; L.R.A.1916C, 608.
 
 852 
 
 INDEX TO L.R.A. NOTES. 
 
 LOADING CARS cont'd I LOAN cont'd 
 
 As railroad hazard within statute changing I Liability of bank directors in case of bad 
 
 fellow servant rule. 18 L.R.A. (N.S.) 
 480; 47 L.R.A.(N.S.) 115. 
 Provision exempting carrier from liability 
 for loss due to loading as extending to 
 loss caused by negligence. 6 B. R. C. 
 131. 
 
 LOADING VESSELS. 
 
 See SHIPPING, 19. 
 
 LOAN. 
 
 1. Generally. 
 
 To member of building and loan association, 
 see BUILDING AND LOAN ASSOCIATIONS. 
 
 Interest on, see INTEREST. 
 
 Secured by mortgage, see CHATTEL MORT- 
 GAGE; MORTGAGE. 
 
 License on business of making, see LICENSE, 
 32. 
 
 Municipal control over money lenders, see 
 MUNICIPAL CORPORATIONS, 45. 
 
 Of credit, constitutional provision as to, see 
 PUBLIC MONEY, 4. 
 
 Usury in, see USURY. 
 
 As to advances, see ADVANCES. 
 
 Distinction between bailment and loan of 
 money. L.R.A.1916F, 92. 
 
 Admissibilitv of books of account to prove. 
 52 L.R.A. 703. 
 
 Validity of, when made in violation of law. 
 12 L.R.A.(N.S.) 603. 
 
 Of intoxicating liquors as a sale. 8 L.R.A. 
 (N.S.) 937; 31 L.R.A. (N.S.) 517; 
 L.R.A.1915C, 648. 
 
 Husband's liability for money loaned wife 
 to purchase necessaries. 65 L.R.A. 550 ; 
 47 L.R.A.(N.S.) 283. 
 
 Creation of partnership by sharing in profits 
 of making loans. 18 L.R.A. (N.S.) 
 1055. 
 
 Allowance of interest during continuance of 
 partnership on advances by way of 
 loan in favor of partner making ad- 
 vances. 35 L.R.A. (N.S.) 224. 
 
 Authority of one negotiating loan to col- 
 lecting loan without possession of se- 
 curity. 23 L.R.A. (N.S.) 419. 
 
 Right of broker to commissions where loan 
 fails because of owner's refusal to give 
 indemnity against possible mechanics' 
 liens or other encumbrances. 15 L.R.A. 
 (N.S.) 187. 
 
 Remedies in case of loan to corporation un- 
 der ultra vires contract of borrowing 
 apart from an action on the contract 
 itself. L.R.A.1917A, 1028. 
 
 Liability of corporation directors for loss 
 by making. 55 L.R.A. 762. 
 
 When statute of limitations begins to run 
 against liability of directors of corpo- 
 ration for making illegal loan. L.R.A. 
 1917A, 984. 
 
 Begin with this took, on every law question. 
 
 loans. 55 L.R.A. 751; 39 L.R.A. (N.S.) 
 173. 
 
 Enforceability of loan to private corpora- 
 tion which alone or in connection with 
 existing indebtedness exceeds the cor- 
 poration's power to incur indebtedness. 
 11 L.R.A. (N.S.) 598. 
 
 Validity of lien given to secure loan usc-d 
 by bankrupt to give one creditor a 
 preference. 24 L.R.A. (N.S.) 184. 
 
 Is money loaned to improve land part of the 
 purchase price within the rule that a 
 purchase money lien takes priority 
 over homestead rights. 41 L.R.A. 
 (N.S.) 89. 
 
 Validity of statute requiring persons en- 
 gaged in business of loaning money on 
 chattel security or security of wages 
 to file a record of loans made. 25 
 L.R.A. (N.S.) 686. 
 
 Lending money to competitor of covenantee 
 as breach of covenant not to engage in 
 business. L.R.A.1915B, 1204. 
 
 Conflict of laws as to loan agreements in in- 
 surance contracts. 52 L.R.A. (N.S.) 
 281. 
 
 Effect of loan as working forfeiture of op- 
 tions under insurance policy. L.R.A. 
 1917A, 1241. 
 
 Action on contractor's bond for money 
 loaned. 43 L.R.A. (N.S.) 171. 
 
 Do loan contracts canceled upon death con- 
 stitute insurance. 47 L.R.A. (N.S.) 
 298. 
 
 Authority of one negotiating loan to collect 
 loan without possession of security. 
 L.R.A.1916B, 861. 
 
 Liability of infant for money loaned him 
 through his fraudulent representations. 
 6 B. R. C. 761. 
 
 2. Ratification of. 
 
 Ratification of unauthorized loan by agent 
 by retention of benefits. 2 B. R. C. 
 743. 
 
 What will constitute an implied ratifica- 
 tion of an unauthorized loan effected 
 by an agent. 6 L.R.A. (N.S.) 311; 52 
 L.R.A.(N.S.) 571. 
 
 3. Guaranty of. 
 
 By national bank, see BANKS, 37. 
 
 As to guaranty generally, see GUARANTY. 
 
 Guaranty of. 16 L.R.A.(N.S.) 370. 
 
 4. Rights of lender. 
 
 Right of one loaning his property to an- 
 other to claim title against the latter's 
 vendees or creditors. 25 L.R.A. (N.S.) 
 778. 
 
 Right of one loaning money for purchase 
 price of property to be subrogated to 
 vendor's lien. 37 L.R.A. (N.S.) 1203. 
 
 Right to recover back money loaned for the 
 purpose of being used in an illegal 
 transaction or with knowledge of the 
 borrower's intention so to use it. L.R.A. 
 1918C, 247.
 
 INDEX TO L.R.A. NOTES. 
 
 853 
 
 LOAN cont'd 
 
 5. Breach of contract to make. 
 
 Damages recoverable for breach of contract 
 to lend money. 37 L.R.A. 233; 29 
 L.R.A.(N.S.) 194; L.R.A.1916F, 506. 
 
 Breach of agreement of insurer to make loan 
 on policy as justifying rescission and 
 recovery of premiums by insured. 30 
 L.R.A.fN.S.) 1202. 
 
 6. Of public money. 
 
 Loan of public money to citizens. 
 475. 
 
 14 L.R.A. 
 
 LOAN AGENCY. 
 
 Loss of profits as element of damages for 
 breach of contract for services by. 53 
 L.R.A. 77. 
 
 *-- 
 
 LOAN ASSOCIATIONS. 
 
 See BUILDING AND LOAN ASSOCIATIONS. 
 
 LOAN BROKERS. 
 
 Constitutionality of legislation as to, see 
 
 CONSTITUTIONAL LAW, 121. 
 License of, see LICENSES, 32. 
 
 LOAN COMPANIES. 
 
 Rirrlit of foreign company to enter state. 24 
 ~ L.R.A. 314. 
 
 LOAN OFFICE. 
 
 Usurious loan office as a disorderly house. 
 24 L.R.A.(N.S.) 507. 
 
 LOATHSOME DISEASE. 
 
 Condonation of, as defense to action for di- 
 vorce or annulment of marriage. 5 
 L.R.A.(N.S.) 729. 
 
 Slander in charging person with having. 24 
 L.R.A.(N.S.) 613. 
 
 LOBBYING. 
 
 Validity of contract for services to pro- 
 cure legislation, see CONTRACTS, 102. 
 
 Power of municipal corporation or govern- 
 mental body to use public funds to pro- 
 mote the passage or to secure the de- 
 feat of a law. L.R.A.1917B, 358. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LOBSTER. 
 
 Governmental regulation of lobster fishing. 
 39 L.R.A. 590. 
 
 LOCAL IMPROVEMENTS. 
 
 See PUBLIC IMPROVEMENTS. 
 
 LOCALITIES. 
 
 Discrimination by carrier against localities 
 in regard to transit privileges. L.R.A. 
 1918A, 186. 
 
 LOCAL LAW. 
 
 Effect in other state of judgment based on 
 local or peculiar law affecting the mer- 
 its of the cause of action or defense. 
 L.R.A.1915F, 984. 
 
 LOCAL OPTION. 
 
 See INTOXICATING LIQUORS, 8. 
 
 LOCAL PREJUDICE. 
 
 As ground for removal of cause to Federal 
 court, see REMOVAL OF CAUSES, 10. 
 
 LOCAL SELF-GOVERNMENT. 
 
 In general, see CONSTITUTIONAL LAW, 20a. 
 Of municipality, see MUNICIPAL CORPORA- 
 TIONS, 5. 
 
 LOCAL TAXATION. 
 
 See PUBLIC IMPROVEMENTS, IV. 
 
 LOCATION. 
 
 78, 
 
 see 
 
 Of insured property, see INSURANCE, | 
 
 87. 
 
 Of mining claim, see MINES, 9-21. 
 Of public buildings, contract as to, 
 
 PUBLIC BUILDINGS, 2. 
 Of railroad, see RAILROADS, 23. 
 Of railroad station, see RAILROADS, 27. 
 Fraud or mistake as to location of land sold, 
 
 see VENDOR AND PURCHASER, 29. 
 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 698. 
 Expression of opinion as to, as a fraud. 35 
 
 L.R.A. 438.
 
 INDEX TO L.R.A. NOTES. 
 
 LOCATION cont'd 
 
 Conclusiveness of decisions or findings of 
 the Land Department as to location of 
 lands. L.R.A.1918D, 630. 
 
 Effect of defendant's mistake as to location 
 of property on right to specific per- 
 formance. 15 L.R.A. (N.S.) 84. 
 
 Of mining shaft. 7 L.R.A. (N.S.) 840. 
 
 Validity of public restrictions as to loca- 
 tion of mercantile business. 49 L.R.A. 
 (N.S.) 439; L.R.A.1917F, 1060. 
 
 LOCKOUT. 
 
 Effect on construction of express provision 
 in charter party against demurrage in 
 case of. 5 L.R.A.(N.S.) 126. 
 
 LOCKS. 
 
 Occupancy of canal lock. 4 L.R.A. (N.S.) 
 
 . 717. 
 
 LOCOMOTIVE. 
 
 Headlight on, see HEADLIGHTS. 
 Master's liability for injury to third person 
 by, see MASTER AND SERVANT, 178. 
 
 Nondelegability of duty to protect servant 
 from defects in. 54 L.R.A. 71, 79. 
 
 Master's liability for injury to servant by 
 defects in. 54 L.R.A. 171. 
 
 Master's liability for vice principal's negli- 
 gence in handling. 54 L.R.A. 127. 
 
 Liability of railroad company for injury 
 to person wrongfully riding or. a loco- 
 motive by collusion with train em- 
 ployee. 37 L.R.A.(N.S.) 426. 
 
 LODE. 
 
 Mining lodes, see MINES, 6. 
 
 LODGE. 
 
 Forfeiture of benefit certificate by default 
 of subordinate lodge. 50 L.R.A. 111. 
 
 Waiver by officers of subordinate lodge of 
 forfeiture for nonpayment of assess- 
 ment. 4L.R.A.N.S.) 421; L.R.A.1915E, 
 152. 
 
 Liability of lessor of lodge room for per- 
 sonal injury to patron. L.R.A.1916F. 
 1129. 
 
 LODGER. 
 
 Liability for ejecting sick lodger from build- 
 ing after termination of right of occu- 
 pancy. 55 L.R.A. 258. 
 
 LODGER cont'd 
 
 Right of, to notice to redeem from tax sale. 
 44 L.R.A.(N.S.) 676. 
 
 Right of married woman to maintain ac- 
 tion for lodging of third person living 
 in the home. 46 L.R.A.(N.S.) 238. 
 
 Landlord's liability for injury to roomers 
 of tenant. L.R.A.1916F, 1089. 
 
 LODGE ROOM. 
 
 Liability of lessor for personal injuries to 
 patron. L.R.A.1916F, 1129. 
 
 LODGING HOUSES. 
 
 Power to require license to keep, see LI- 
 CENSE, 22b. 
 
 Constitutionality of statutory regulations 
 as to safety and sanitary conditions of. 
 17 L.R.A. (N.S.) 486. 
 
 As violation of restrictive covenant in deed. 
 41 L.R.A.(N.S.) 625. 
 
 Lien of one other than innkeeper or board- 
 ing house keeper, who rents rooms or 
 apartments. L.R.A.1915F, 665. 
 
 Hiring room in, as affecting domicil or resi- 
 dence. L.R.A.1917D, 788. 
 
 LOGGING RAILROAD. 
 
 As a common carrier. L.R.A.1918B, 685. 
 
 Exercise of eminent domain for. 1 L.R.A. 
 (N.S.) 969; L.R.A.1917A, 102. 
 
 Liability of proprietor of logging railroad 
 for injuries sustained by person, other 
 than employee, while being carried 
 thereon. 12 L.R.A.(N.S.) 131; 22 
 L.R.A.(N.S.) 190. 
 
 LOGS AND LOGGING. 
 
 I. In general, 1-3. 
 II. Driving, floating, or rafting 
 4-10. 
 
 I. In general. 
 
 logs, 
 
 Begin with this ftoofc on every law question. 
 
 1. Generally. 
 
 Exercise of eminent domain for purposes of 
 logging road or logging railroad. 
 L.R.A.1917A, 102. 
 
 Contracts for logs to be gotten out as a 
 sale within statute of frauds. 14 L.R.A. 
 233. 
 
 Occupancy of premises in relation to log- 
 ging contracts. 4 L.R.A.(N.S.) 702. 
 
 Sufficiency of delivery of, on sale out of 
 larger lot. 26 LJR.A. ( N.S. ) 38. 
 
 Liability of logging company to employee 
 for injuries caused by defectivelv load- 
 ed car. 13 L.R.A.(N.S.) 390.
 
 INDEX TO L.R.A. NOTES. 
 
 855 
 
 LOGS AND LOGGING, I. cont'd 
 
 Title and right to stranded logs or timber. 
 
 43 L.R.A. (N.S.) 460. 
 Loss of profits as element of damages for 
 
 breach of logging and lumber contract. 
 
 53 L.R.A. 52, 71. 
 Loss of profits as element, of damages for 
 
 wrongful destruction or conversion of 
 
 logs. 18 L.R.A.(N.S.) 250; 52 L.R.A. 
 
 (N.S.) 97. 
 
 2. Tax on logs. 
 
 Assessability of logs brought into tax dis- 
 trict after tax day. 38 L.R.A.(N.S.) 
 862. 
 
 When do logs intended for exportation pass 
 beyond state's power of taxation. 13 
 L.R.A.(N.S.) 800. 
 
 3. Lien on logs. 
 
 Lien of laborer on logs. 
 
 6 L.R.A. 362.* 
 
 /I. Driving, floating, or rafting logs. 
 
 4. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 116. 
 
 Compulsory service as to. 15 L.R.A. 322. 
 
 Right to erect log pier. 40 L.R.A. 648. 
 
 Delaying run of, as proximate cause of loss 
 from high water, wind, or other similar 
 cause. 31 L.R.A.(N.S.) 1131. 
 
 5. Right to use stream for. 
 
 Right of riparian owners, see WATERS, 32. 
 
 Stream must be floatable in its natural 
 state. 41 L.R.A. 371. 
 
 What streams are floatable. 41 L.R.A. 372. 
 
 Necessity. 41 L.R.A. 376. 
 
 Artificial channel. 41 L.R.A. 376. 
 
 Construction of statutes. 41 L.R.A. 376. 
 
 Manner of use. 41 L.R.A. 376. 
 
 Floatable streams are public highways. 41 
 L.R.A. 376. 
 
 Correlative rights of log and riparian own- 
 ers. 41 L.R.A. 377. 
 
 Regulation of floatage. 41 L.R.A. 378. 
 
 Conflict with other navigation. 41 L.R.A. 
 378. 
 
 Conflicting rights of floatage. 41 L.R.A. 
 378. 
 
 Log-driving companies. 41 L.R.A. 379. 
 
 Right of riparian owner to impound water 
 for purpose of floating logs. 35 L.R.A. 
 (N.S.) 832. 
 
 Right of one who navigates stream or floats 
 logs therein to abate nuisance arising 
 from brid-e. 51 L.R.A. (N.S.) 1172. 
 
 6. Conflicting rights generally. 
 
 Relative rights of those using stream for 
 floating logs or maintaining boom and 
 those navigating vessel thereon. 28 
 L.R.A. (N.S.) 144. 
 
 Relative rights and duties of those main- 
 taining bridges across streams and 
 those floating logs therein. 38 L.R.A. 
 (N.S.) 114. 
 
 Consult also L.R.A. Digests of Cases. 
 
 LOGS AND LOGGING, II. mt'd 
 Relative rights and duties between those 
 maintaining dam in floatable stream 
 and those using stream for floating logs 
 therein. 22 L.R.A. (N.S.) 545. 
 Correlative rights of log owners and ri- 
 parian owners. 41 L.R.A. 377; 32 
 L.R.A.(N.S.) 376. 
 
 7. Obstruction of navigation by. 
 
 Obstruction of navigable streams by. 3 
 
 L.R.A. 407.* 
 
 Duty to prevent jams. 3 L.R.A. 408.* 
 Mooring logs and rafts as a nuisance. 3 
 
 L.R.A. 407.* 
 
 8. Liability for injuries. 
 
 Liability for injuries to riparian owner by 
 
 running logs in stream. 41 L.R.A. 
 
 494; 64 L.R.A. 983, 986; 35 L.R.A. 
 
 (N.S.) 824. 
 
 Right to construct log booms. 39 L.R.A. 
 
 491; 67 L.R.A. 839. 
 
 Right of riparian owner to compensation for 
 damages to his property by construction 
 under legislative authority of dams or 
 booms for floating or storing logs. 22 
 L.R.A.(N.S.) 641. 
 
 9. Booms and dams for. 
 
 Right to construct log booms in stream. 39 
 L.R.A. 491. 
 
 Right to erect booms in river for sorting. 
 67 L.R.A. 839! 
 
 Taking of property for booms and logging 
 ways as a public purpose. 22 L.R.A. 
 (N.S.) 151. 
 
 Business of booming or salving logs as af- 
 fected with a public interest author- 
 izing regulation of rates and prices. 6 
 L.R.A. (N.S.) 836. 
 
 Grant of right to dam back water of stream 
 for purpose of booming privileges. 59 
 L.R.A. 831. 
 
 Destruction of boom or dam by unprecedent- 
 ed flood as affecting liability of one 
 under contract to build and maintain it. 
 35 L.R.A.(N.S.) 1109. 
 
 Right of riparian owner to compensation for 
 damages by construction, under legis- 
 lative authority, of dams or booms foi 
 floating or sorting logs. 22 L.R.A. 
 (N.S.) 641. 
 
 10. Regulation of rates. 
 
 Legislative regulation of prices for care or 
 salvage of. 33 L.R.A. 182. 
 
 LOITERING. 
 
 Prohibition against loitering in highway, 
 see HIGHWAYS, 18. 
 
 Right of person loitering on street to re- 
 cover for injury from defect or obstruc- 
 tion therein. 20 L.R.A.(N.S.) 751.
 
 856 
 
 INDEX TO L.E.A. NOTES. 
 
 LONG ACCOUNT. 
 
 Compulsory reference of, as denial of con- 
 stitutional right to jury trial. 25 
 L.R.A. 70. 
 
 LONG DISTANCE TELEPHONE. 
 
 In general, see TELEPHONES. 
 
 Right of addressee to recover damages for 
 failure to summon him to receive mes- 
 
 15 L.R.A.(N.S.) 810. 
 Reasonableness of rule of telephone company 
 requiring subscriber to pay for all long 
 distance messages originating from his 
 telephone. L.R.A.1915E, 323. 
 
 LOOKING. 
 
 Before crossing railroad track, see RAIL- 
 ROADS, 83, 84. 
 
 Before crossing street car track, see STREET 
 RAILWAYS, 21. 
 
 LOOKOUT. 
 
 Duty to keep lookout as affecting doctrine 
 of last clear chance, see NEGLIGENCE, 
 61. 
 
 Duty of railroad to maintain, see RAIL- 
 ROADS, 56, 65, 74. 
 
 For persons on street car track, see STREET 
 RAILWAYS, 14. 
 
 Reciprocal duty of operator of automobile 
 and pedestrian as to. 51 L.R.A. (N.S.) 
 997. 
 
 Negligence of driver of horse encountering 
 automobile on highway in failing to 
 keep lookout in rear. 50 L.R.A. (N.S.) 
 567. 
 
 Duty to keep lookout for trackmen. L.R.A. 
 *1916F, 564. 
 
 LOOSE LEAF SYSTEM OF AC- 
 COUNTS. 
 
 Admissibility 
 634. 
 
 in evidence. L.R.A.1916B, 
 
 LOSS. 
 
 1. Generally. 
 
 Of property in possession of bailee, see 
 BAILMENT, 5-10. 
 
 Of baggage, see CARRIERS, 89. 
 
 Of goods by carrier, see CARRIERS, 110, 
 111. 
 
 Of profits, as element of damages, see DAM- 
 AGES, 107-118. 
 
 Of dower, see DOWEB, 7-14. 
 
 Of easement, see EASEMENT, 25-28. 
 
 Begin ivith this ftoofc on every law question. 
 
 LOSS cont'd 
 
 Of homestead, see HOMESTEAD, 8. 
 
 Of guest's property by innkeeper, see INN- 
 KEEPERS, 7-9. 
 
 Of insured property, see INSURANCE, VIII. 
 
 Of right to jury trial, see JURY, 7. 
 
 Of lien generally, see LIENS, 18-20. 
 
 Of profits, see Loss OF PROFITS. 
 
 Of mechanics' lien, see MECHANICS' LIENS, 
 22. 
 
 Of service, as element in action by parent 
 for seduction, see SEDUCTION, 5. 
 
 Of cargo of vessel, see SHIPPING, 3. 
 
 Of time as element of damages, see TIME, 
 10. 
 
 Of water rights by nonuser, see WATERS, 
 37. 
 
 Liability for loss of bank deposit through 
 failure of bank, see BANKS, 16. 
 
 Notice of loss to carrier, see CARRIERS, 
 133, 134. 
 
 Liability of connecting carrier, see CAR- 
 RIERS, 143. 
 
 By destruction of property, see DESTRUC- 
 TION, 2, 3. 
 
 Finder of lost property, see FINDER. 
 
 Loss of instruments, see LOST INSTRUMENTS. 
 
 Proximate cause of, see PROXIMATE CAUSE. 
 
 Sharing in loss as requisite to existence of 
 partnership. 18 L.R.A.(N.S.) 992. 
 
 Loss of customers as element of damages 
 from obstruction of highway. 13 L.R.A. 
 (N.S.) 253. 
 
 Legislation to protect manufacturers or 
 dealers against loss of receptacles in 
 which their products are put up. 14 
 L.R.A.(N.S.) 1128. 
 
 Liability for loss of personal property pend- 
 ing exercise of option to buy or return 
 if unsatisfactory. 6 L.R.A/(N.S.) 273. 
 
 Loss of goods during shipment as affecting 
 fulfilment of commission to purchase 
 goods. 19 L.R.A. (N.S.) 261. 
 
 Effect of loss of registry lists. 28 L.R.A. 
 (N.S.) 989. 
 
 Slander in charging woman with unchastity 
 causing loss of property. 24 L.R.A. 
 (N.S.) 601. _ 
 
 Of passenger's ticket, ejection because of. 
 L.R.A.1916D, 1184. 
 
 2. Who must bear loss. 
 
 Who must bear loss before execution of 
 deed to land sold, see VENDOR AND PUR- 
 CHASER, 6. 
 
 Who must bear loss when check or bill is 
 issued or indorsed to imposter. 50 
 L.R.A. 75; 17 L.R.A.(N.S.) 514; 38 
 L.R.A.(N.S.) 1111. 
 
 Who must bear loss where check or draft 
 is purchased or paid upon spurious in- 
 dorsement of one who bears the same 
 name as the payee or indorsee. 34 
 L.R.A. (N.S.) 1101. 
 
 Who must bear loss where merchandise 
 broker receives purchase price and fails 
 to pay over same to seller. 8 L.R.A. 
 (N.S.) 474.
 
 INDEX TO L.R.A. NOTES. 
 
 857 
 
 LOSS cont'd 
 
 Right of seller under conditional sale to 
 recover amount unpaid where property 
 lost without fault of purchaser. 2 
 L.R.A.(N.S.) 97. 
 
 LOSS OF PROFITS. 
 
 As element of damages, see DAMAGES, 
 
 107-118. 
 Insurance against, see INSURANCE, XIV. 
 
 LOSS OF SERVICE. 
 
 As element in actions by parent for seduc- 
 tion of child, see SEDUCTION, 5. 
 
 LOSS PAYABLE CLAUSE. 
 
 Effect on rights of mortgagee of breach of 
 policy by mortgagor under. 18 L.R.A. 
 (N.S") 204; L.R.A.1915C, 759. 
 
 LOST INSTRUMENTS. 
 
 1. Generally. 
 
 Comparison of witness's memory of hand- 
 writing on lost instrument with other 
 instrument. 62 L.R.A. 873. 
 
 Degree of proof requisite to establish fact 
 and contents of lost instrument which 
 is to constitute muniment of title. 
 L.R.A.1918B, 879. 
 
 2. Negotiable instruments. 
 
 Recovery on. 16 L.R.A. 205. 
 
 Lost checks. 26' L.R.A. 571. 
 
 Loss of check after it had been credited to 
 depositor's account. L.R.A. 1917A, 658. 
 
 Jurisdiction, as between equity and law 
 courts, of suits or actions on lost 
 negotiable instruments. 48 L.R.A. 
 (N.S.) 648. 
 
 Maker's right to defend against transferee 
 after maturity on ground that commer- 
 cial paper had been lost. 46 L.R.A. 
 775. 
 
 May indorser of lost bill, check, or note, 
 maintain an action thereon. 24 L.R.A. 
 (N.S.) 645. 
 
 Advertising lost or stolen paper as putting 
 purchaser on inquiry. 29 L.R.A. (N.S.) 
 383. 
 
 Risk of giving second check upon alleged 
 loss of first. 29 L.R.A.(N.S.) 623. 
 
 As affecting question whether commercial 
 paper operates as payment of indebted- 
 ness. 35 L.R.A. (N.S.) 109. 
 
 3. Wills. 
 
 Effect of delay in probating. 57 L.R.A. 
 
 258. 
 Evidence to establish lost or destroyed wills. 
 
 38 L.R.A. 433. 
 Consult also L.R.A. Digests of Cases. 
 
 LOST INSTRUMENTS cont'd 
 
 Necessity and sufficiency of proof to ac- 
 count for nonproduction of will upon 
 application to probate it as a lost 
 or destroyed will. 50 L.R.A. (N.S.) 
 861. 
 
 May part of a lost or destroyed will which 
 can be established be admitted to pro- 
 bate where there are other portions that 
 cannot be established. 26 L.R.A. (N.S.) 
 654. 
 
 4. Lost records. 
 
 Disposition of appeal where without fault 
 of appellant the record is lost. 25 
 L.R.A. (N.S.) 860; L.R.A.1915B, 353. 
 
 As ground for injunction against judgment. 
 30 L.R.A. 562. 
 
 LOST PAPER. 
 
 See LOST INSTRUMENTS, 2. 
 
 LOST PROPERTY. 
 
 Finder of, see FINDER. 
 
 Abandonment of. 4 L.R.A. (N.S.) 573. 
 
 Larceny of. 30 L.R.A. (N.S.) 339; L.R.A. 
 1916A, 468. 
 
 Inheritance tax on money or property of es- 
 tate which has been lost or misap- 
 propriated since decedent's death. 32 
 L.R.A. (N.S.) 1167. 
 
 When limitation commences to run against 
 action to recover. 29 L.R.A. (N.S.) 
 120. 
 
 LOST RECORDS. 
 
 See LOST INSTRUMENTS, 4. 
 
 LOST WILLS. 
 
 See LOST INSTRUMENTS, 3. 
 
 LOT. 
 
 Decision of tie vote by. 47 L.R.A. 554. 
 
 LOTTERY. 
 
 1. Generally. 
 
 Indictment for, see INDICTMENT, INFORMA- 
 
 TION, AND COMPLAINT, 24. 
 Conflict of laws as to lottery contracts, see 
 
 CONFLICT OF LAWS, 4. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 567.
 
 858 
 
 INDEX TO L.R.A. NOTES. 
 
 LOTTERY cont'd 
 
 Recovery for goods sold to aid. 15 L.R.A. 
 
 836. 
 Lottery ticket as subject of larceny. L.R.A. 
 
 1918D, 690. 
 Validity of fire insurance on lottery tickets. 
 
 40 L.R.A. 847. 
 Right of subscriber to lottery scheme to 
 
 recover his subscription thereto. 16 
 
 L.R.A.(N.S.) 571. 
 Right to maintain action for prize offered 
 
 in prize contest. 33 L.R.A. (N.S.) 305. 
 Embezzlement as affected by fact that 
 
 money was collected on lottery ticket. 
 
 27 L.R.A.(N.S.) 415. 
 
 2. Regulation and suppression of. 
 
 Authorization and regulation of lotteries 
 by statute. 7 L.R.A. 601.* 
 
 3. Crimes in connection with. 
 
 Instigation to sale of lottery ticket. 25 
 
 L.R.A. 345. 
 Conversion of lottery ticket as ground of 
 
 action. 45 L.R.A. (N.S.) 776. 
 
 4. What constitutes. 
 
 What constitutes a lottery within the post- 
 office laws. 52 L.R.A. (N.S.) 108. 
 
 Gratuitous distribution of tokens entitling 
 holders of certain numbers to prizes, as 
 a lottery. *3 B. R. C. 984. 
 
 Giving prize for composition, or solution of 
 puzzle, as lottery. 6 B. R. C. 780. 
 
 Guessing contest as. 11 L.R.A. (N.S.) 609. 
 
 Distribution of suits by tailor among mem- 
 bers of club, as. 21 L.R.A. (N.S.) 876. 
 
 Distribution of parcels of land by chance 
 as. 23 L.R.A.(N.S.) 626; 27 L.R.A. 
 (N.S.) 287. 
 
 Scheme for accumulating money by pay- 
 ments of member, and distributing it in 
 order of number of certificate, as. 13 
 L.R.A.(N.S.) 1096. 
 
 Operation of slot machine as gambling un- 
 der anti-lottery provision. 20 L.R.A. 
 (N.S.) 241. 
 
 Legality of voting or popularity contests. 
 L.R.A.1917D, 489. 
 
 LOVE AND AFFECTION. 
 
 As consideration for executory promise to 
 pay existing debt of another. L.R.A. 
 1918C, 543. 
 
 LOW BRIDGE. 
 
 Contributory negligence of one who strikes 
 bridge extending over highway. L.R.A. 
 1918A, 204. 
 
 LOWEST BIDDER. 
 
 LOW LANDS. 
 
 Power to fill low lands at expense of owner. 
 30 L.R.A.(N.S.) 709. 
 
 LOW WATER MARK. 
 
 Title to land above, see WATERS, 16. 
 
 LOYALTY. 
 
 As qualification of grand juror. 28 L.R.A. 
 205. 
 
 LUBRICANTS. 
 
 Action on contractor's bond for cost of. 
 
 43 L.R.A.(N.S.) 167. 
 Mechanics' lien for lubricants consumed in 
 
 process of work. L.R.A.1915E, 987. 
 
 LUCID INTERVAL. 
 
 Presumption of continuance of. 35 L.R.A. 
 123. 
 
 LUCIFER MATCHES. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 LUGGAGE. 
 
 See BAGGAGE. 
 
 On public contract, see CONTBACTS, 160. 
 
 Begin t^itTi this boofc on every law question. 
 
 LUMBER. 
 
 1. Generally. 
 
 See also TIMBER. 
 
 Regulation of storage of, for purpose of 
 fire protection. 41 L.R.A. (N.S.) 457. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of lumber business as 
 affected by territorial scope. 24 L.R.A. 
 (N.S.) 929; L.R.A.1916C, 630. 
 
 Effect of statute of frauds on parol con- 
 tracts relating to, which may, but are 
 not intended to, be performed within 
 a year. 15 L.R.A.(N.S.) 313. 
 
 Loss of profits as element of damages for 
 breach of lumber contracts. 53 L.R.A. 
 52, 71. 
 
 2. Injury by. 
 
 Doctrine of "attractive nuisance" as ap- 
 plied to injury from. 19 L.R.A. (N.S.) 
 1129. 1140: L.R.A.1915D, 163. 
 
 Municipal liabilitv for injury by storage 
 of, in street. 20 L.R.A. (N.S.) 612.
 
 INDEX TO L.R.A. NOTES. 
 
 859 
 
 LUMBER WAGON. 
 
 Municipal liability for injury by' storage of, 
 in street. 20 L.R.A.(N.S.) 612. 
 
 LUMBER YARD. 
 
 Servants in, as fellow servants. 50 L.R.A. 
 
 437. 
 Doctrine of attractive nuisance as applied 
 
 to. 19 L.R.A.(N.S.) 1140. 
 Use of railroad right of way for purpose of, 
 
 as against owner of fee. 36 L.R.A. 
 
 (N.S.) 518. 
 
 LUMP CHARGES. 
 
 In books of account as affecting their ad- 
 missibility in evidence. 52 L.R.A. 586. 
 
 LUNACY PROCEEDINGS. 
 
 See INCOMPETENT PERSONS, 5-7. 
 
 LUNATICS. 
 
 See INCOMPETENT PERSONS. 
 
 LUNCHEON. 
 
 Duty of master in absence of statute to 
 furnish place to servants for eating 
 luncheon. 44 L.R.A. (N.S.) 1102. 
 
 LUNCH STAND. 
 
 Power of municipality to grant permit for 
 on street or sidewalk. 25 L.R.A. (N.S.) 
 402. 
 
 LUNCH WAGON. 
 
 Power of municipal corporation to grant 
 permit for lunch wagon on street. 25 
 L.R.A.(N.S.) 403. 
 
 LYNCHING. 
 
 Argument of prosecuting attorney that an 
 acquittal would encourage lynch law 
 as ground for reversal. 51 L.R.A. 
 (N.S.) 914. 
 
 M 
 
 MACHINERY. 
 
 1. Generally. 
 
 As fixtures, see FIXTURES, 8. 
 Master's duty as to, see MASTER AND SERV- 
 ANT, 88-90. 
 
 Location of, as affecting insurance on. 26 
 L.R.A. 241. 
 
 Statement as to the economy of operation 
 as a warranty. L.R.A.1917C, 1078. 
 
 Express warranty of quality as excluding 
 implied warranty of quality. 33 L.R.A. 
 (N.S.) 506. 
 
 Exclusiveness of remedy for breach of war- 
 ranty provided in contract for sale of 
 machinery. 50 L.R.A. (N.S.) 753. 
 
 Action on contractor's bond for cost of 
 rental of. L.R.A.1915F, 952. 
 
 Effect of buyer's use of machinery after 
 seller's refusal to accept it when ten- 
 dered in rescission of contract. L.R.A. 
 1916F, 481. 
 
 2. Injuries by. 
 
 Master's duty as to, see MASTER AND SERV- 
 ANT, III. a, 6, b. 
 
 As attractive nuisance, see NEGLIGENCE, 
 23. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MACHINERY cont'd 
 
 Employees in charge of as vice principals. 
 51 L.R.A. 554. 
 
 What comprehended in "machinery of every 
 description" in statute imposing duty 
 on master as to placing guards. 30 
 L.R.A. (N.S.) 36. 
 
 Admissibility of evidence of prior accidents 
 by. 32 L.R.A. (N.S.) 1103. 
 
 Evidence as to condition of before and after 
 accident. 32 L.R.A. (N.S.) 1096, 1103. 
 
 Unexplained starting of as evidence of neg- 
 ligence. 44 L.R.A. (N.S.) 1050. 
 
 MAD DOG. 
 
 Apprehension of hydrophobia as basis of re- 
 covery for mental anguish from bite 
 of dog. 20 L.R.A.(N.S.) 458. 
 
 MAGISTRATE. 
 
 Power of to punish for contempt, see CON- 
 TEMPT, 11. 
 See also JUSTICE OF THE PEACE. 
 
 Power to grant immunity to witness. L.R.A. 
 1918A, 376.
 
 860 
 
 INDEX TO L.R.A. NOTES. 
 
 MAGISTRATE cont'd 
 
 Certificate of, in case of fire insurance. 44 
 L.R.A. 860. 
 
 Admissibility in evidence of communica- 
 tions to. 67 L.R.A. 923. 
 
 Advice of, as defense to action for ma- 
 licious prosecution. 18 L.R.A. (N.S.) 
 72. 
 
 Discharge by, as evidence of want of prob- 
 able cause for prosecution. 64 L.R.A. 
 481. 
 
 Conviction by magistrate which has been 
 reversed or set aside as probable cause 
 defeating action for malicious prose- 
 cution. 34 L.R.A.(N.S.) 958. 
 
 Use before grand jury of minutes taken by 
 magistrate. 28 L.R.A.' 320. 
 
 Voluntariness of confessions to. 18 L.R.A. 
 (N.S.) 848. 
 
 Voluntariness of confession elicited by ques- 
 tions from. 18 L.R.A. (N.S.) 800. 
 
 Liability to civil action for acts of judicial 
 nature. 44 L.R.A. (N.S.) 164. 
 
 Liability for false imprisonment, of magis- 
 trate failing to have prisoner brought 
 before him. L.R.A.1917F, 429. 
 
 MAGNETIC HEALER. 
 
 Application of statutes regulating practice 
 
 ' of medicine to. 3 L.R.A. (N.S.) 763; 
 
 24 L.R.A.(N.S.) 103; L.R.A.1917C, 827. 
 
 MAIDEN NAME. 
 
 See NAME, 6. 
 
 *-- 
 
 MAIL. 
 
 See POSTOFFICE. 
 
 MAIL AGENT. 
 
 Carrier's liability for injury to, see CAB- 
 BIERS, 57.. 
 
 As passenger. 2 L.R.A. 166;* 19 L.R.A. 
 339. 
 
 MAIL CARRIER. 
 
 Liability of landlord of office building for 
 injury to. L.R.A.1916F, 1120. 
 
 MAIL CLERK. 
 
 Carrier's liability for injury to, see CAR- 
 BIERS, 56. 
 
 As passengers. 19 L.R.A. 339. 
 
 Begin with this "book, on every law question. 
 
 MAIL TRAINS. 
 
 See POSTOFFICE, 2. 
 
 MAIMING. 
 
 See MAYHEM. 
 
 MAINS. 
 
 In highway, see HIGHWAYS, 22, 23. 
 Water mains generally, see WATERS, 112. 
 
 MAINTENANCE. 
 
 See CHAMPERTY AND MAINTENANCE; SUP- 
 PORT. 
 
 MAJORITY. 
 
 1. Full age. 
 
 Estoppel of infant by false representations 
 
 as to, see ESTOPPEL, 29. 
 Time of attaining, see INFANTS, 5. 
 
 Parting with property after reaching ma- 
 jority as bar to disaffirmance of con- 
 tract made in infancy. 26 L.R.A. 179. 
 
 New promise after. 53 L.R.A. 365. 
 
 False pretenses by infant inducing another 
 to- enter into contract with him by rep- 
 resenting that he is of age. 24 L.R.A. 
 (N.S.) 1101. 
 
 2. Greater number. 
 
 Necessity of, to issuance of commercial 
 bonds, see BONDS, 21. 
 
 Computation of majority of votes at elec- 
 tion, see ELECTIONS, 15. 
 
 What is a majority vote. 6 L.R.A. 308. 
 
 Upon what basis majority essential to 
 adoption of constitutional or other spe- 
 cial proposition submitted at general 
 election is to be computed. 22 L.U.A. 
 (N.S.) 478. 
 
 Right of majority of partners to sell all, or 
 substantially all, of the firm's assets. 
 L.R.A.1918A, 927. 
 
 3. of jurors or grand jurors. 
 
 Verdict by majority of jurors. 43 L.R.A. 
 
 80. 
 Concurrence by majority when grand jury 
 
 exceeds twenty-three. 28 L.R.A. 37. 
 
 4. of religious society. 
 
 Rights of, on withdrawal of local church 
 society from general body. 32 L.R.A. 
 92. 
 
 Majority rule in case of schism or division 
 in independent society. 24 L.R.A. ( N.S. ) 
 695. 
 
 Injunctive relief to majority of church mem- 
 bers, 3 L.R.A. (N.S.) 872.
 
 INDEX TO L.R.A. NOTES. 
 
 861 
 
 MAJORITY cont'd 
 
 5. of stockholders. 
 
 Right to purchase or lease corporate prop- 
 erty. 16 L.R.A. (N.S.) 892. 
 
 Liability for misappropriation of corporate 
 funds through corporate action. 16 
 
 L.R.A. (N.S.) 898. 
 
 MAKING UP TRAINS. 
 
 Use of highway for, see HIGHWAYS, 28. 
 
 MALICE. 
 
 1. Generally. 
 
 In inducing breach of contract, see CASE, 
 
 3-5. 
 In procuring discharge of servant, see CASE, 
 
 4. 
 In inducing servant to quit, see CASE, 
 
 ;">. 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 43, 44. 
 Relevancy of evidence as to, see EVIDENCE, 
 
 261. 
 
 Question for jury as to, see TRIAL, 33. 
 In prosecution, see MALICIOUS PROSECU- 
 TION*, 5. 
 As affecting master's liability, see MASTER 
 
 AND SERVANT, 176. 
 bee also MOTIVE. 
 
 Rule of proximate cause in case of malicious 
 torts. 45 L.R.A. 87. 
 
 In ejection of trespasser from moving train. 
 13 L.R.A. (N.S.) 370. 
 
 Repetition of privileged statement as evi- 
 dence of. 42 L.R.A. (N.S.) 1109. 
 
 Malicious frightening of horse on highway 
 bv locomotive, car, or train running 
 parallel therewith. 33 L.R.A.(N.S.) 
 132. 
 
 Lawfulness of boycott by other than labor 
 union where motive is malicious. 33 
 L.R.A.(N.S.) 1038. 
 
 Malicious killing of dogs. 19 L.R.A.(N.S.) 
 838. 
 
 Will right of action for malicious attach- 
 ment of property pass to trustee in 
 bankruptcy or assignee for creditors. 
 21 L.R.A.(N.S.) 727. 
 
 2. What amounts to. 
 
 Definition of "malice" as a requisite of the 
 offense of malicious mischief. 19 
 L.R.A.(N.S.) 273. 
 
 May wantonness or wilfulness precluding 
 * defense of contributory negligence be 
 predicated of the omission of a duty 
 before the discovery of a person in peril 
 on a railroad or street railway track. 
 21 L.R.A. (N.S.) 427. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MALICE cont'd 
 3. Effect of. 
 
 As affecting master's liability, see MASTER 
 
 AND SERVANT, 176. 
 Malicious erection of fence, see FENCES, 6. 
 
 Effect on damages for libel or slander re- 
 flecting on integrity or responsibility 
 of merchant. 44 L.R.A.(N.S.) 354. 
 
 As affecting personal liability of judicial 
 officer. 14 L.R.A. 145. 
 
 As affecting liability for blacklisting em- 
 ployees. 63 L.R.A. 293. 
 
 As affecting liability for cutting off sub- 
 terranean waters. 19 L.R.A. 94. 
 
 Effect of, on taking possession under "dan- 
 ger," "safety," or "insecurity" clause 
 in chattel mortgage. 23 L.R.A. 780. 
 
 Effect of, on right to recover on injunction 
 bond, attorneys' fees expended in dis- 
 solving injunction. 16 L.R.A. (N.S.) 
 76. 
 
 Arbitrary or mala fide termination of part- 
 nership as basis of action in tort. 25 
 L.R.A. (N.S.) 959. 
 
 As affecting right to recover damages for 
 being prevented from voting at a pub- 
 lic election. 31 L.R.A. (N.S.) 1106. 
 
 Liability of individual in absence of any 
 element of conspiracy for driving away 
 another's customers. 22 L.R.A. (N.S. ) 
 1224; L.R.A.1915B, 1180. 
 
 Avoidance of privilege in giving or refusing 
 information affecting character or repu- 
 tation of servant by proof of express 
 malice. 4 L.R.A. (N.S.) 1114. 
 
 4. effect of bad motive to make ac- 
 tionable what would otherwise not 
 be. 
 
 General principles involved. 62 L.R.A. 674. 
 
 Injury to property. 62 L.R.A. 678. 
 
 Injury to business or occupation. 62 L.R.A. 
 694. 
 
 Injury to person or feelings. 62 L.R.A. 
 719. 
 
 Judge acting without, or in excess of, juris- 
 diction. 62 L.R.A. 721. 
 
 Abuse of process. 62 L.R.A. 721. 
 
 General and unclassified cases. 62 L.R.A. 
 724. 
 
 5. As element of cause of action or 
 offense. 
 
 As element of homicide, see HOMICIDE, 7. 
 
 As essential element in action for wrong- 
 fully suing out injunction. L.R.A. 
 1946E, 1284. 
 
 An element of offense of mayhem or maim- 
 ing. L.R.A.1916E, 494. 
 
 As essential to an action for alienation of 
 affections in absence of meretricious 
 relations. 46 L.R.A.(N.S.) 465. 
 
 Necessity of malice to render judicial 
 officer liable to civil action .for acts of 
 judicial nature. 44 L.R.A.(N.S.) 169. 
 
 As ingredient of offense of abusing animals. 
 41 L.R.A.(N.S.) 433. 
 
 Necessity of actual malice to justify exem- 
 plary damages for tort. 16 L.R.A. 
 (N.S.) 440.
 
 862 
 
 INDEX TO L.R.A. NOTES. 
 
 MALICIOUS ARREST. 
 
 Liability for, generally, see FALSE IM- 
 PRISONMENT. 
 
 Liability of officer for making. 51 L.R.A. 
 193"; L.R.A.1915B, 505. 
 
 MALICIOUS FENCES. 
 
 See FENCES, 6. 
 
 MALICIOUS MISCHIEF. 
 
 Definition of "malice" as a requisite of 
 
 offense of malicious mischief. 19 L.R.A. 
 
 (X.S.) 273. 
 Right of private citizen to destroy liquor 
 
 illegally kept for sale. 26 L.R.A. (N.S.) 
 
 996. 
 Necessity and sufficiency of description of 
 
 offense in bail bond or recognizance. 38 
 
 L.R.A. (N.S.) 322. 
 Cruel and unusual punishment for. L.R.A. 
 
 1915C, 570. 
 
 MALICIOUS PROSECUTION. 
 
 1. Generally. 
 
 Extent of recovery for, see DAMAGES, 
 
 16a, 54. 
 Master's liability for malicious prosecution 
 
 by servant, see MASTER AND SERVANT, 
 
 173. 
 See also FALSE IMPRISONMENT. 
 
 Right of action for, as asset in bankruptcy. 
 43 L.R.A.(N.S.) 942. 
 
 Survival of cause of action and abatement 
 and revival of action for malicious 
 prosecution upon death of party. 52 
 L.R.A.(N.S.) 1215. 
 
 Whether executor or administrator to be 
 sued in personal or representative ca- 
 pacity. 51 L.R.A. 266. 
 
 Interposition of unfounded defense in a civil 
 action as basis of action for damages. 
 34 L.R.A.(N.S.) 1026. 
 
 Instituting proceedings upon a charge not 
 constituting a crime. 36 L.R.A. (N.S.) 
 230. 
 
 For wrongful search of premises. 39 L.R.A. 
 (N.S.) 205. 
 
 For wrongfully suing out injunction. L.R.A. 
 1916E, 3284. 
 
 Malicious prosecution based on criminal 
 charge not followed by arrest. 9 L.R.A. 
 (N.S.) 171. 
 
 Arrest of person or seizure of property as a 
 condition of an action for the malicious 
 prosecution of a civil action. L.R.A. 
 1918D, 550. 
 
 Liability for instituting bankruptcy pro- 
 ceedings against one not thereto sub- 
 ject. 34 L.R.A. (N.S.) 456. 
 
 Effort to collect debt as extortion. 18 
 L.R.A.(N.S.) 77; L.R.A.1915B, 1140. 
 
 MALICIOUS PROSECUTION cont'd 
 
 Right of one to testify as to his intent. 23 
 L.R.A.(N.S.) 392. 
 
 Evidence of character in action for. 14 
 L.R.A.(N.S.) 755. 
 
 Plea of guilty as affecting action for ma- 
 licious prosecution. 20 L.R.A. (N.S.) 
 295. 
 
 Settlement or compromise as affecting right 
 to maintain an action for malicious 
 prosecution. L.R.A.1915A, 601. 
 
 2. Who may bring action. 
 
 Will right of action for malicious attach- 
 ment of property pass to trustee in 
 bankruptcy or assignee for creditors. 
 21 L.R.A.(N.S.) 727. 
 
 Right of one in possession without title 
 to property to maintain an action for 
 malicious prosecution for seizure of 
 property in an action against him. 28 
 L.R.A.(N.S.) 330. 
 
 3. Who liable for. 
 
 Liability of master for malicious prosecu- 
 tion by servant. See MASTER AND SERV- 
 ANT, 173. 
 
 Liability of landlord who brings an un- 
 founded action to dispossess tenant. 
 L.R.A.1918C, 323. 
 
 Liability of corporations for malicious 
 prosecution. 14 L.R.A. 791. 
 
 Liability of public prosecutor to action for 
 malicious prosecution. L.R.A.1917F, 
 699. 
 
 Liability of officer for. 51 L.R.A. 183; 
 L.R.A.1915B, 505. 
 
 Liability of officer who uses criminal proc- 
 ess to collect a debt. 24 L.R.A. (N.S.) 
 . 301. 
 
 Liability of municipality for malicious 
 prosecution by its officers. 32 L.R.A. 
 (N.S.) 36. 
 
 Liability of principal for malicious prose- 
 cution by agent authorized to collect 
 debt. 51 L.R.A.(N.S.) 471. 
 
 4. Effect of lack of jurisdiction of 
 court where prosecution was com- 
 menced. 
 
 The general rule. 2 L.R.A.(N.S.) 1100. 
 
 Void process; failure to charge crime. 2 
 L.R.A.(N.S.) 1103. 
 
 Irregular or defective process or proceed- 
 ings. 2 L.R.A.(N.S.) 1106. 
 
 5. Malice. 
 
 Malice as essential element in action for 
 wrongfully suing out of injunction. 
 L.R.A.1916E, 1284. 
 
 Instruction in action for malicious prosecu- 
 tion, that malice may be inferred from 
 want of probable cause. L.R.A.1918A, 
 872. 
 
 Bringing civil action in remote district or 
 foreign jurisdiction. L.R.A.1917B, 752. 
 
 6. Probable cause, generally. 
 
 Presumption and burden of proof as to, 
 
 see EVIDENCE, 46. 
 Sufficiencv of evidence of, see EVIDENCE, 
 
 303. 
 
 Begin u*ith this ItooJc on every laic question.
 
 INDEX TO L.R.A. NOTES. 
 
 863 
 
 MALICIOUS PROSECUTION cont'd 
 Probable cause as question for court or jury. 
 
 L.R.A.1915D, 1. 
 Probable cause for making arrest. 42 
 
 L.R.A.(N.S.) 75. 
 
 Probable cause as justification of officer 
 making arrest. 51 L.R.A. 225; L.R.A. 
 1915B, 506. 
 Reversed conviction as evidence of probable 
 
 cause. L.R.A.1916F, 196. 
 Conviction by magistrate or justice of 
 
 the peace. 34 L.R.A. ( N.S. ) 958. 
 Collusiveness of judgment rendered in 
 criminal action to show probable cause. 
 11 L.R.A. (N.S.) 663. 
 Want of probable cause for wrongful search 
 
 of premises. 39 L.R.A. (N.S.) 207. 
 Want of probable cause to believe the 'al- 
 leged ground of attachment, as a 
 condition of an action for a wrong- 
 t ful attachment. 38 L.R.A. (N.S.) 
 
 120; L.R.A.1915A, 541. 
 
 Want of, as essential element to right of 
 action for wrongfully suing out injunc- 
 tion. L.R.A.1916E, '1286. 
 
 7. Acquittal or discharge as evidence 
 of want of probable canse. 
 
 Acquittal and discharge. 64 L.R.A. 475. 
 Discharge by an examining magistrate. 64 
 
 L.R.A. 481; 3 L.R.A.(N.S.) 929. 
 Where there was a want of jurisdiction. 
 
 64 L.R.A. 486. 
 
 Failure to prosecute. 64 L.R.A. 486. 
 Failure to indict. 64 L.R.A. 488. 
 Finding in criminal proceeding that the 
 
 prosecution was malicious and without 
 
 probable cause. 64 L.R.A. 489. 
 
 8. Advice of counsel. 
 
 Advice of counsel as defense to action for 
 malicious prosecution. 18 L.R.A. 
 (N.S.) 49; 39 L.R.A. (N.S.) 207. 
 
 Advice of counsel as affecting liability for 
 exemplary damages for malicious prose- 
 cution. 29 L.R.A.(N.S.) 281. 
 
 Probable cause as question for court or jury 
 where advice of counsel has been 
 sought. L.R.A.1915D, 85. 
 
 In action for wrongful search of premises. 
 39 L.R.A.(N.S.) 207. 
 
 9. Termination of prosecution. 
 
 When is an action sufficiently at an end 
 to support a suit for malicious 
 prosecution therefor. 2 L.R.A. 
 (N.S.) 928; 39 L.R.A.(N.S.) 1215. 
 Pendency of appeal or error as affecting 
 running of statute of limitations 
 against an action for malicious prose- 
 cution. 43 L.R.A.(N.S.) 611. 
 
 MALICIOUS TORTS. 
 
 See also MALICE. 
 
 Liability of partnership for. 51 L.R.A. 
 
 469. 
 Consult also L.R.A. Digests of Cases. 
 
 MALICIOUS TRESPASS. 
 
 Liability of infant for. 36 L.R.A. 207. 
 
 MALPRACTICE. 
 
 In general, see PHYSICIANS AND SURGEONS, 
 12-16. 
 
 Recovery under Workmen's Compensation 
 Act for aggravation of injury by mal- 
 practice of physician and effect of the 
 act on independent cause of action 
 therefor. L.R.A.1917D, 172. 
 
 MALT. 
 
 Power of municipality to regulate sale of 
 nonintoxicating alcoholic beverages. 
 26 L.R.A. (N.S.) 890. 
 
 Do statutes forbidding sale of a certain 
 class or classes of liquor include malt 
 liquors. 46 L.R.A. (N.S.) 759. 
 
 Do statutes forbidding the sale of malt li- 
 quor include nonintoxicating malt li- 
 quor. L.R.A.1917B, 974. 
 
 Judicial notice of intoxicating character of 
 "Malt Extract." 48 L.R.A. (N.S.) 316. 
 
 Judicial notice of intoxicating character of 
 "Malt Mead." 48 L.R.A. (N.S.) 316. 
 
 MANACLES. 
 
 On prisoner at trial, see CRIMINAL LAW, 
 54. 
 
 Liability of newspaper manager for libel, 
 see LIBEL AND SLANDER, ' 4. 
 
 Grounds or justification for discharge ot 
 general manager. L.R.A.1918C, 1030. 
 
 Authority of, to contract for services of 
 other persons. L.R.A.1918F, 39-57. 
 
 MANAGING AGENT. 
 
 As fellow servant of injured employee, see 
 MASTER AND SERVANT, III. d, 3. 
 
 Of corporation on whom process may be 
 served, see WRIT AND PROCESS, 27. 
 
 Authority of, to employ subagent. L.R.A. 
 1918F, 726. 
 
 MANAGING PARTNER. 
 
 Compensation of. 17 L.R.A. (N.S.) 394; 
 L.R.A.1917F, 576.
 
 INDEX TO L.R.A. NOTES. 
 
 MANDAMUS. 
 
 /. In general, 1. 
 
 II. When may issue, 2-15. 
 
 a. In general, 2. 
 
 b. To public officer or board, 
 
 3-11. 
 
 c. To corporations, 12-15. 
 III. Jurisdiction; procedure; hearing; 
 
 determination, 16-21. 
 
 I. In general. 
 
 + 
 1. Generally. 
 
 Constitutional objection in mandamus pro- 
 ceedings, see CONSTITUTIONAL LAW, 
 2. 
 
 Original jurisdiction in mandamus cases, 
 see COURTS, 31. 
 
 Disobedience of, as a contempt. 16 L.R.A. 
 
 (N.S.) 1064. 
 Validity of statutory provision for attor- 
 
 ney's. fee in mandamus proceedings. 
 
 L.R.A.1915E, 949. 
 
 II. When may issue. 
 a. In general. 
 
 2. Generally. 
 
 Effect of existence of other remedy on right 
 to mandamus to compel issuance of 
 bonds of municipality or other public 
 corporation. L.R.A.1918C, 414. 
 
 When writ could be immediately rendered 
 nugatory by taking new action avoid- 
 ing defects complained of. 31 L.R.A. 
 (N.S.) 512. 
 
 For relief of member of labor union from 
 unlawful fine or suspension. 45 L.R.A. 
 (N.S.) 355. 
 
 b. To public officer or board. 
 
 3. Generally. 
 
 To compel performance of ministerial du- 
 
 ties by heads pf departments. 
 L.R.A.(N:S.) 419. 
 
 52 
 
 Mandamus at instance of creditor to com- 
 pel raising of tax assessment to the full 
 value of the property. L.R.A.1918B, 
 1107. 
 
 Mandamus to compel public officer to exe- 
 cute a contract. L.R.A.1917F, 538. 
 
 Mandamus to compel issuance of bonds of 
 municipality or other public corpora- 
 tion. L.R.A.1918C, 414. 
 
 Mandamus to compel issuance of municipal 
 warrant to pay indebtedness. 
 L.R.A.1916D, 325. 
 
 To compel action of medical board. 20 
 L.R.A. 355. 
 
 Mandamus to compel the reinstatement of 
 a teacher. 49 L.R.A. (N.S.) 62. 
 
 To compel issuance of diploma. 3 L.R.A. 
 (N.S.) 1115; L.R.A.1916B, 616. 
 
 To compel delivery of copy or to require 
 promulgation of an act passed by the 
 legislature. 22 L.R.A. (N.S.) 1089. 
 
 MANDAMUS, II. b cont'd 
 
 Mandamus to compel performance of con- 
 tinuous acts or control general course 
 of official conduct. 39 L.R.A. (N.S.) 
 810. 
 
 Mandamus to compel former officer, after 
 the expiration of term, to perform duty 
 pertaining to his office. 36 L.R.A. 
 (N.S.) 1084. 
 
 4 % To courts and court officers. 
 
 To compel inferior court to execute or en- 
 force its iudgment or decree. 24 L.R.A. 
 (N.S.) 886. 
 
 In exercise of superintending control over 
 inferior courts. 51 L.R.A. 33. 
 
 To compel judge to sign bills of exception, 
 .etc. 36 L.R.A. (N.S.) 1087. 
 
 To compel change of venue. L.R.A. 1917F, 
 914. 
 
 To prevent change of venue from court hav- 
 ing exclusive jurisdiction. 2 'L.R.A. 
 (N.S.) 568. 
 
 To compel removal of case to Federal court 
 or remanding of case to state court. 
 37 L.R.A. (N.S.) 392. 
 
 5. To executive officers. 
 
 To governor. 6 L.R.A.(N:S.) 760; 32 L.R.A. 
 
 (N.S.) 355; L.R.A.1917F, 774. 
 Mandamus to compel exercise of the power' 
 
 to remove or suspend public officer. 
 
 28 L.R.A.(N.S.) 194; 46 L.R.A.(N.S.) 
 
 9. 
 
 6. To excise officers. 
 
 To control decision of licensing officers as 
 to fitness of applicant for license to 
 sell intoxicating liquors. 27 L.R.A. 
 (N.S.) 1195. 
 
 To compel public officials to enforce the 
 liquor law. 28 L.R.A. (N.S.) 246. 
 
 7. To enforce rights in public con- 
 tract. 
 
 To enforce right of lowest bidder on public 
 contract. 26 L.R.A. 711. 
 
 To compel award of public contract to low- 
 est bidder. 30 L.R.A. (N.S.) 128. 
 
 To compel municipal or other public officer 
 or board to perform duty resting in 
 contract alone. 20 L.R.A.(N.S.) 801. 
 
 8. To compel payment of municipal 
 debt by custodian of funds. 
 
 In general. 14 L.R.A. 773. 
 
 Rule where audit is conclusive. 14 L.R.A. 
 
 775. 
 Statutory changes permitting enforcement 
 
 of ministerial duties. 14 L.R.A. 775. 
 Cases in which writ may issue. 14 L.R.A. 
 
 776. 
 Defenses; irregular or insufficient audit or 
 
 warrant. 14 L.R.A. 778. 
 Unconstitutionality of statute as defense 
 
 against mandamus to compel payment 
 
 of public money. 47 L.R.A. 516. 
 
 9. As to title to, or acceptance of, 
 office. 
 
 To compel officer to dispose of property as I Right to attack prima facie title of relator 
 directed by court. 31 L.R.A. (N.S.) I in mandamus to obtain office. L.R.A. 
 (H54. 1915A, 832. 
 
 Begin with this booh on every law question.
 
 INDEX TO L.Px.A. NOTES. 
 
 865 
 
 MANDAMUS, II. b cont'd 
 
 To compel payment of salary to public 
 officer whose title is disputed. 1 L.R.A. 
 (N.S.) 588. 
 
 Right to try question, who is de facto officer 
 in mandamus proceeding. 13 L.R.A. 
 (N.S.) 661. 
 
 Provision for contesting election of city 
 officer before city council or other mu- 
 nicipal body as executive of mandamus. 
 26 L.R.A. (N.S.) 211. 
 
 To compel one usurping office to turn over 
 papers. 35 L.R.A. (N.S.) 528. 
 
 To compel acceptance of office. 24 L.R.A. 
 493. 
 
 10. To compel surrender of office. 
 
 General doctrine. 31 L.R.A. 343. 
 .Necessity of a demand and refusal. 31 
 
 L.R.A. 348. 
 
 Effect of such surrender. 31 L.R.A. 349. 
 Sufficiency of title to support. 31 L.R.A. 
 
 349. " 
 Right to attack prima facie title of relator 
 
 in mandamus to obtain office. L.R.A. 
 
 1915A, 832. 
 Special provisions relating to. 31 L.R.A. 
 
 355. 
 In the case of a private corporation. 31 
 
 L.R.A. 360. 
 
 When writ refused. 31 L.R.A. 361. 
 English cases. 31 L.R.A. 368. 
 
 lOa. To compel restoration to office. 
 
 Mandamus to restore to office one who has 
 been illegallv removed. 19 L.R.A. 
 (N.S.) 49. 
 
 11. As to elections. 
 
 To compel election officers to act after they 
 
 ha o met and adjourned. 36 L.R.A. 
 
 (N.S.) 1089. 
 To compel steps preliminary to an election 
 
 before the arrival or expiration of the 
 
 time fixed therefor. L.R.A.1917F, 221. 
 Provision for testing election of city officer 
 
 before city council or other municipal 
 
 body as exclusive of mandamus. 26 
 
 L.R.A.(N.S.) 211. 
 Mandamus as a proper remedy to enforce 
 
 duties with respect to nominations. 
 
 L.R.A.1917E, 480. 
 As to initiative or referendum election. 50 
 
 L.R.A.(N.S.) 216; L.R.A.1917B, 31. 
 In connection witli recall election. 50 
 
 L.R.A. (N.S.) 229; L.R.A.1916D, 1104. 
 
 c. To corporations. 
 
 % 12. Generally. 
 
 To enforce provision of by-laws of corpora- 
 tion. 32 L.R.A. 575.' 
 
 Mandamus to compel calling of stockholders' 
 or directors' meeting. L.R.A. 1915E, 
 774. 
 
 'To enforce right to inspect books of corpo- 
 ration. 45 L.R.A. 457. 
 
 Mandamus to compel transfer of corpo- 
 rate stock. 48 L.R.A. (N.S.) 847. 
 
 To compel transfer on books of corporation 
 of stocks purchased in aid of con- 
 spiracy against the corporation. 24 
 L.R.A. (N.S.) 108. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MANDAMUS, II. c cont'd 
 
 13. Public-service corporations. 
 
 Right to enforce by mandamus duty of 
 public-service corporation arising whol- 
 ly from contract. 13 L.R.A. (N.S.) 
 1084. 
 
 As proper remedy to make available fran- 
 chise in street or highway as against 
 municipality. 6 L.R.A. (N.S.) 782. 
 
 To compel delivery of market quotations to 
 bucket shgp. 3 L.R.A. (N.S.) 153. 
 
 To enforce orders of Public Service Commis- 
 sion. L.R.A.1918E, 304. 
 
 14. water companies. 
 
 To enforce contract to supply city with 
 water. 61 L.R.A. 74. 
 
 To compel water company to supply in- 
 dividual applicant with water at rea- 
 sonable rates. 1 L.R.A. (N.S.) 963. 
 
 To enforce the right of a stockholder of a 
 water company to water. 24 L.R.A. 
 (N.S.) 372. 
 
 15. railroad companies. 
 
 To enforce orders of Public Service Commis- 
 sions. L.R.A.1918E, 304. 
 
 Mandamus to compel railroad to complete 
 its road. L.R.A.1918E, 321. 
 
 To compel operation of railroad. 24 L.R.A. 
 564. 
 
 To require railroad company to equip its 
 road. 13 L.R.A.(N.S.) 320. 
 
 ///. Jurisdiction; procedure; hearing; 
 determination. 
 
 16. Generally. 
 
 Procedure in mandamus to enforce right to 
 inspect books of corporation. 45 L.R.A. 
 469. 
 
 Conditions precedent to issuance of man- 
 damus to compel issuance of bonds of 
 municipality or other public corpora- 
 tion. L.R.A.1918C, 421. 
 
 Necessity of exhausting remedies within 
 order against decision expelling or sus- 
 pending a member from a mutual bene- 
 fit society before resorting to courts 
 for relief by mandamus. 52 L.R.A. 
 (N.S.) 818. 
 
 Conclusiveness in mandamus proceeding to 
 restore to membership in benevolent 
 society, of decision of tribunal of soci- 
 ety expelling or suspending member. 
 52 L.R.A.(N.S.) 806. 
 
 Right to try, in mandamus proceeding, the 
 question. Who is de facto officer. 13 
 L.R.A. (N.S.) 661. 
 
 Right to attack prima facie title of relator 
 in mandamus to obtain office. L.R.A. 
 1915A, 832. 
 
 Right of relator in mandamus proceedings 
 to attack constitutionality of statute 
 relied upon by respondent. 16 L.R.A. 
 (N.S.) 266. 
 
 Right to go behind judgment against county 
 or municipality in mandamus proceed- 
 ings to enforce same. 9 L.R.A. (N.S.) 
 1002. 
 55
 
 866 
 
 INDEX TO L.R.A. NOTES. 
 
 MANDAMUS, III. cont'd 
 
 Removal, because of separable controversy, 
 
 of- mandamus proceeding. 5 L.R.A. 
 
 (N.S.) 98. 
 
 17. Jurisdiction. 
 
 Original jurisdiction of court of last resort 
 in mandamus case. 58 L.R.A. 833; 38 
 L.R.A.(N.S.) 1000. 
 
 Exclusiveness of jurisdiction of court of last 
 resort to issue remedial writs for pre- 
 rogative purposes. 13 L.R.A. (N.S.) 
 768. 
 
 18. Parties. 
 
 At instance of creditor to compel raising of 
 tax assessment to the full value of the 
 property. L.R.A.1918B, 1107. 
 
 By private person to compel removal of ob- 
 struction from navigable stream. 38 
 L.R.A.(N.S.) 763. 
 
 Who is real party in interest by whom man- 
 damus proceedings must be instituted. 
 64 L.R.A. 622. 
 
 19. Pleading. 
 
 Sufficiency of petition for mandamus to en- 
 force duties with respect to nomina- 
 tions. L.R.A.1917E, 489. 
 
 20. Uiiconstitutionality of statute 
 as defense against mandamus to 
 compel its enforcement. 
 
 Generally. 47 L.R.A. 512; 24 L.R.A. (N.S.) 
 1260; 34 L.R.A. (N.S.) 1060. 
 
 Constitutional change or judicial declara- 
 tion of invalidity. 47 L.R.A. 513. 
 
 Ministerial duties'. 47 L.R.A. 513. 
 
 To compel tax. 47 L.R.A. 514. 
 
 The pavment of public money. 47 L.R.A. 
 613. 
 
 Judicial officers. 47 L.R.A. 516. 
 
 Other decisions. 47 L.R.A. 517. 
 
 Practice matters. 47 L.R.A. 517. 
 
 Cases in which defense was made without 
 anj 7 discussion. 47 L.R.A. 518. 
 
 21. Relief granted. 
 
 Character and extent of relief by mandamus 
 against an officer vested with discre- 
 tion, who has rendered a decision upon 
 a ground not within his discretion. 7 
 L.R.A. (N.S.) 525. 
 
 MANIFOLD COPIES. 
 
 As originals. 12 L.R.A. (N.S.) 343. 
 
 MANSLAUGHTER. 
 
 see HOMICIDE. 
 
 MAN TRAP. 
 
 Civil liability for injury by, see NEGLI- 
 GENCE, 21. 
 
 Criminal responsibility for death caused by, 
 upon one's own property. 14 L.R.A. 
 (N.S.) 346; 24 L.R.A. (N.S.) 369. 
 
 MANDATORY INJUNCTION. 
 
 See LXJUXCTIOX, 78, 79. 
 
 MANDATORY STATUTES. 
 
 See STATUTES, 24. 
 
 MAMA. 
 
 As affecting testamentary capacity. 27 
 L.R.A. (N.S.) 89; L.R.A. 1915A. 462. 
 
 MANUAL LABOR. 
 
 Right to exclude from school for refusal to 
 perform. 41 L.R.A. 603. 
 
 tritJi this book on every law question. 
 
 MANUFACTURE. 
 
 1. Generally. 
 
 See also MANUFACTURERS. 
 
 Specific performance of contract for sale of 
 manufactured product. L.R.A.1918E, 
 626. 
 
 What constitutes; manufacturers; manu- 
 facturing companies; newspapers and 
 publishers: manufactured articles. J4 
 . L.R.A. 107. 
 
 Making clothing to measure as manufactur- 
 ing for purpose of tax laws. 44 L.R.A, 
 (N.S.) 303. 
 
 Statute of frauds; distinction between sale* 
 of personalty and agreements for work 
 and labor. 43 L.R.A. (N.S.) 97. 
 
 May water company be required to furnish 
 water for power or manufacturing pur- 
 poses. 32 L.R.A. (N.S.) 805. 
 
 Construction on ground as manufacturing 
 within provisions of bankruptcy law 
 defining corporations which may be ad- 
 judged involuntary bankrupts. 2 ft 
 L.R.A. (N.S.) 475. ' 
 
 Power to prohibit the manufacture of in- 
 toxicating liquor for one's own use. 
 L.R.A.1918A. 41!). 
 
 Manufacturing intoxicating liquor under 
 contract as a sale. L.R.A.1917B, 60fi. 
 
 2. Oral contract to manufacture. 
 
 Contract for as affected bv statute of frauds. 
 14 L.R.A. 232; '43 L.R.A. (N.S.) 97. 
 
 Sale distinguished from contract to manu- 
 facture. 6 L.R.A. 788-.* 14 L.R.A. 
 230; 30 L.R.A. (N.S.) 319. 
 
 3. Manufacturing- as a public pur- 
 pose. 
 
 Taking of property for water power for 
 manufacturing, as a public purpose. 
 22 L.R.A. (N.S.) 160.
 
 INDEX TO L.R.A. .NOTES. 
 
 $07 
 
 MANUFACTURE cont'd 
 
 Furnishing water and water power to pub- 
 lic for manufacturing purposes as a 
 public purpose. 21 L.R.A. (N.S.) 410. 
 
 4. Measure of damages for breach 
 of contract for manufacture of 
 goods. 
 
 Loss of profits as damages on vendee's re- 
 fusal to take articles manufactured 
 for him. 4 L.R.A. (N.S.) 740; 18 
 L.R.A.(N.S.') (518. 
 
 Loss of profits as element of damages fot 
 breach of contract for sale or purchase 
 of articles to be manufactured. 52 
 L.R.A. 230. 
 
 Loss of use of plant as element of damages 
 for failure to deliver material to. 3 
 L.R.A.(N.S.) 709. 
 
 MANUFACTURERS. 
 
 Presumption and burden of proof as to neg- 
 ligence, see EVIDENCE, 68. 
 
 Monopolistic combinations of, see MONOP- 
 OLIES AND COMBINATIONS, II. 
 
 Liability for injury due to defects in 
 articles manufactured, see NEGUGENCK. 
 35. 
 
 Implied warranty by, see SALES, 30. 
 
 Exemption of, from taxation, see TAXES, 
 
 38- 
 
 See also MANUFACTUKE; MANUFACTURING 
 CORPORATIONS: MANUFACTURING ESTAB- 
 LISHMENTS. 
 
 Waiver of manufacturer's lien by attach- 
 ment or execution. 50 L.R.A. 722. 
 
 Legislation to protect against loss of recep- 
 tacles in which their products are put 
 up. 14 L.R.A. (N.S.) 1128. 
 
 Right of municipal corporation to conduct 
 manufactories. 31 L.R.A. (N.S.) 121. 
 
 Interference by competitor or others with 
 agents of. 9 L.R.A. (N.S.) 904. 
 
 Right of one delivering goods for manufac- 
 ture to claim title as against vendees 
 or creditors of manufacturer. 25 
 L.R.A. (N.S.) 781, 796. 
 
 Validity of agreement by employees of 
 manufacturing companies not to engage 
 in competing business as affected by 
 its scope in time and territorial ex- 
 tent. 24 L.R.A; (N.S.) 939. 
 
 Validity of restrictive agreement ancillary 
 to 'sale of business of! 24 L.R.A. ( N.S. ) 
 930; L.R.A.1916C, 631. 
 
 Condition imposed by manufacturer as to 
 retail price as binding upon retailer 
 purchasing from middleman. 3 H. R. 
 C. 299. 
 
 Right of one liable for damages from de- 
 fective article to recover over against 
 vendor or manufacturer. L.R.A.1915C, 
 336. 
 
 MANUFACTURING CORPORATIONS. 
 
 Taxation of, see TAXES. 38. 
 
 Cotifttilt of .so L.R.A. Digests of Cases. 
 
 MANUFACTURING CORPORATIONS 
 
 cont'd 
 
 Purchase of supplies by foreign manufac- 
 turing corporation as doing business 
 within the state. L.R.A.1917E, 1157. 
 
 MANUFACTURING ESTABL.ISH- 
 MENT. 
 
 Persons working in. as independent con- 
 tractors. 65 L.R.A. 488, 494. 
 
 Supervising employees in, as vice principals, 
 51 L.R.A. 534~ 554. 581. 
 
 Import of word "additions" in insurance 
 policy on. 33 L.R.A. (N.S.) 159. 
 
 MANURE. 
 
 Tenant's rights as to, see LANDLORD AND 
 TENANT, 51. 
 
 Power of municipal corporation to grant 
 exclusive right for removal of. 21 
 L.R.A.(N.S.) 830; L.R.A.1915D, 209. 
 
 MANUSCRIPT. 
 
 Common law rights in, see COPYRIGHT, 2. 
 Copyright of, see COPYRIGHT. 
 
 As baggage. 41 L.R.A.(N.S.) 371. 
 Measure of damages for loss or destruc- 
 tion of. 8 L.R.A.4N.S.) 369. 
 
 MAP. 
 
 See PLATS AND MAPS. 
 
 MARGIN. 
 
 Transactions in bucket shops, see BUCKET 
 
 SHOP. 
 \ ;r alidity of dealings on, see CONTRACTS, 
 
 ']06, 116. 
 
 MARGINAL, NOTATIONS. 
 
 Effect and construction of marginal nota- 
 tions upon a bill or note relating to the 
 time of payment. L.R.A. 1918C, 347. 
 
 MARINE ADVENTURES. 
 
 Insurance against loss of profits from. 
 L.R.A.1917C, 730. 
 
 MARINE CORPS. 
 
 Enlistment of minor in, without parent's 
 consent. 39 L.R.A. (N-.S.) 458.
 
 8t>S 
 
 X TO L.R.A. NOTES. 
 
 MARINE INSURANCE. 
 
 Risks covered by policy of, see INSURANCE, 
 
 157, 158. 
 
 Cause of loss, see INSURANCE, 157, 158. 
 Extent of loss or recovery, see INSURANCE, 
 
 175, 176. 
 Actions on policy, see INSURANCE, 204. 
 
 Illegality of policy of marine insurance for 
 lack of insurable interest as affecting 
 right to recover back premiums paid. 
 L.R.A.1917A, 477. 
 
 Severabilitv of insurance on same policies. 
 19 L.R.A. 218. 
 
 Set-off in case of bankruptcy. 55 L.R.A. 
 67, . 
 
 Conclusiveness of judgment of foreign court 
 of admiralty on policies of marine 
 insurance. 20 L.R.A. 669. 
 
 When stipulations limiting time for suit 
 on policy begins to run. 47 L.R.A. 
 708; 48 L.R.A. (N.S.) 911. 
 
 Waters covered by description of waters in 
 policy of marine insurance. L.R.A. 
 1915C, 408; 
 
 Effect of war on contracts with alien ene- 
 mies. L.R.A.1917C, 675. 
 
 Validity of insurance of enemy property 
 against seizure. 5 B. R. C. 836. 
 
 Effect of carriage of contraband upon marine 
 insurance. 5 B. R. C. 58. 
 
 Liability of insurer of vessel or cargo war- 
 ranted free from capture. 5 B. R. C. 74. 
 
 MARINERS. 
 
 See SEAMEN. 
 
 MARINE TORTS. 
 
 Loss of profits as element of damages for. 
 52 L.R.A. 61. 
 
 MARITAL INFIDELITY. 
 
 In general, see ADULTERY; DIVORCE AND 
 SEPARATION; HUSBAND AND WIFE, 3. 
 
 Effect of, on gifts between spouses, see 
 HUSBAND AND WIFE, 50. 
 
 Effect of, on marriage settlement, see HUS- 
 BAND AND WIFE, 60. 
 
 MARITAL INTERCOURSE. 
 
 Refusal of, as ground for divorce. 
 L.R.A. 685; L.R.9.1915B, 770. 
 
 14 
 
 MARITAL, RIGHTS. 
 
 Fraud on, see HUSBAND AND WIFE, 43, 
 43a. 
 
 MARITIME CONTRACTS. 
 
 What contracts will support maritime lien, 
 see MARITIME LIENS, 2. 
 
 Admiralty jurisdiction of. 66 L.R.A. 193. 
 
 Right of servant under maritime law to 
 compensation in case of incomplete per- 
 formance of his contract because of 
 physical disability. 28 L.R.A. (N.S.) 
 318. 
 
 MARITIME JURISDICTION. 
 
 See ADMIRALTY, 2, 3. 
 
 MARITIME LAW. 
 
 Doctrine of maritime law as to termi- 
 nation of contract of employment by 
 death of servant during stipulated 
 term. 21 L.R.A. (N.S.) 929. 
 
 Her/in irith this book on every laic question. 
 
 MARITIME LIENS. 
 
 1. Generally. 
 
 May two or more vessels be subjected to a 
 joint maritime lien. L.R.A. 1917E, 529. 
 
 Lien of decree in admiralty. 47 L.R.A. 480. 
 
 For wharfage charges. 7 0' L.R.A. 209. 
 
 Does lien upon vessel for safe carriage at- 
 tach while goods are in lighter prepara- 
 tory to being loaded on vessel. 24 
 L.R.A.(N.S.) 569. 
 
 Acceptance of commercial paper as dis- 
 charge of material and supplies. 35 
 L.R.A.(N.S.) 94. 
 
 Rights of lien holders as to captured prop- 
 erty. 5 B. R. C. 1002. 
 
 2. What contracts will support. 
 
 General principles. 70 L.R.A. 354. 
 Decisions by common-law courts 70 L.R.A. 
 
 358. 
 To pay for services of vessel. 70 L.R.A. 
 
 368. 
 
 General average. 70 L.R.A. 375. 
 Salvage. 70 L.R.A. 376. 
 Contracts with seamen. 70 L.R.A. 377. 
 Contract between master and ship. 70 
 
 L.R.A. 381. 
 Contracts -with other persons. 70 L.R.A. 
 
 384. 
 Other contracts for services and benefits 
 
 generally. 70 L.R.A. 388. 
 Contracts for supplies and repairs. 70 
 
 L.R.A. 391. 
 
 Contracts for construction. 70 L.R.A. 413. 
 Advances. 70 L.R.A. 414. 
 Mortgage, purchase money, drafts. 70 
 
 L.R.A. 417. 
 
 Bottomry. 70 L.R.A. 418. 
 Respondentia. 70 L.R.A. 429. 
 Hypothecation of freight. 70 L.R.A. 431. 
 Contract for ship's services. 70 L.R.A. 
 
 432. 
 Effect of English statutes. 70 L.R.A. 436.
 
 INDEX TO L.R.A. NOTES. 
 
 869 
 
 MARK. 
 
 1. Generally. 
 
 On ballots, see ELECTIONS, 21. 
 Trademarks, see TBADEMARK. 
 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 732. 
 Value and weight of expert testimony as to. 
 
 L.R.A.1918D, 644. 
 Indicating owner of property found. 37 
 
 L.R.A. 123. 
 Identification by marks of goods sold out 
 
 of a larger lot. 26 L.R.A. (N:S.) 16. 
 On negotiable paper as putting purchaser 
 
 on inquiry. 29 L.R.A.(N.S.) 376. 
 Marking of location of mining claim v 7 
 
 L.R.A.(N.S.) 856. 
 
 2. Signature by. 
 
 Signature to will by, see WILLS, 22. 
 Attestation of will by, see WILLS, 31. 
 
 Signature by. 12 L.R.A. 205;* 22 L.R.A. 
 
 370. 
 
 Does ability to write invalidate signature 
 made by. 7 L.R.A. (N.8.) 1193. 
 
 3. proof of. 
 
 Proof of. 64 L.R.A. 313. 
 
 By subscribing witness. 35 L.R.A. 350. 
 
 When attesting witnesses are dead or can- 
 not remember the transaction. 44 
 L.R.A. 142. 
 
 Effect of adverse testimony of attesting wit- 
 nesses as to execution of will signed by 
 mark. L.R.A.1916C, 1240. 
 
 Comparison of, in disputed instrument. 65 
 L.R.A. 95. 
 
 Value and weight of expert testimony. 
 L.R.A.1918D, 644. 
 
 MARKETABLE TITLE. 
 
 Effect on, of failure to make one a party 
 
 to suit, see PARTIES, 35. 
 To real property sold, see VENDOR AND 
 
 PURCHASER, 15-18. 
 
 MARKET HOUSE. 
 
 Liability of municipal corporation for tort 
 in connection with. 25 L.R.A. (N.S.) 
 95. 
 
 MARKET PLACE. 
 
 Power of municipal corporation to grant or 
 lease space on street or sidewalk for 
 purposes for. 25 L.R.A. (N.S.) 401. 
 
 MARKET PRICE. 
 
 Extent of recovery for breach of contract 
 for sale of article without market price, 
 see DAMAGES, 36. 
 
 Consult also Tj.R.A. Digests of Cases. 
 
 MARKET PRICE cont'd 
 False statement as to, see FRAUD AND DE- 
 CEIT, 10. 
 
 As measure of damages for loss or conver- 
 sion of or injury to household goods or 
 wearing apparel. L.R.A. 1917D, 496. 
 
 Loss of profits as element of damages for 
 breach of sale or purchase of article 
 having no market. 52 L.R.A. 219. 
 
 Effect on contract of providing for payment 
 at. 53 L.R.A. 293. 
 
 MARKET QUOTATIONS. 
 
 Property rights in. 7 L.R.A. (N.S.) 889. 
 Mandamus to compel delivery of, to bucket 
 shop. 3 L.R.A.(N.S.) 153. 
 
 MARKETS. 
 
 1. Generally. 
 
 Municipal control over, ' see MUNICIPAL 
 CORPORATIONS, 44. 
 
 Necessity of franchise for. 37 L.R.A. 718. 
 Delegation of municipal power as to. 20 
 
 L.R.A. 726. 
 Validity of classification in Sunday law 
 
 as to keeping open. 14 L.R.A. (N.S.) 
 
 1259. 
 Implied power of municipality to purchase 
 
 real estate on credit for establishment 
 
 of. 4 L.R.A. (N.S.) 746. 
 Power to make use of property for, con- 
 ditional upon consent of neighbors. 8 
 
 L.R.A.(N.S.) 978. 
 
 2. Market regulations restricting 
 sales. 
 
 American cases. 24 L.R.A. 584. 
 English cases. 24 L.R.A. 587. 
 
 3. Use of street for. 
 
 Using street for market purposes. 14 
 
 L.R.A. 558. 
 As additional burden on easement. 17 
 
 L.R.A. 480. 
 Liability of municipality for obstruction or 
 
 defect in street by market. 20 L.R.A. 
 . (N.S.) 614. 
 Injunction against city as to nuisance of. 
 
 23 L.R.A. 303. 
 
 MARKET VALUE. 
 
 See MARKET PRICE. 
 
 MARKING. 
 
 Of mine upon the ground, see MINES, 18.
 
 870 
 
 INDEX TO L.K.A. NOTES. 
 
 MARRIAGE. 
 
 /. In general, 1-4. 
 II. Validity generally, 5-7. 
 ///. Capacity of parties; tvho may 
 
 inan-if, 8-13. 
 
 IV. Effect of marriage, 14, 15. 
 V. Annulment, 1G-2O. 
 
 I. In general. 
 
 1. Generally. 
 
 U elation by, set' AFFINITY. 
 
 ISreai-h of promise to marry, see BREACH 
 
 OF PROMISE. 
 Kiglits and duties of liml>and and wife, 
 
 generally, see HUSBAND AND WIFE. 
 Effect of misrepresentation or concealment 
 
 as to character on marital relation, see 
 
 CHARACTEB, 3. 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 13. 
 Constitutionality of statutes as to, see 
 
 CONSTITUTIONAL LAW, 118. 
 Validity of contract affecting marriage re- 
 lation, see CONTRACTS, 82. 
 As to divorce, see DIVORCE "AND SEPARATION. 
 Admissibility oT hearsay evidence, as to, 
 
 see EVIDENCE, 21!). 
 Sufficiency of proof of, see EVIDENCE, 295. j 3. Restraints on. 
 
 MARRIAGE, I. cont'd 
 
 Improper performance of ceremony. 
 
 L.R.A.1917E, 873. 
 Effect of ignorance or mistake as 
 to age. 29 L.R.A. (N.S.) 504; 
 L.R.A.1917E, 874. 
 
 Admissibility of declarations of persons 
 since deceased, against his or her own 
 marriage. 15 L.R.A. (N.S.) 190. 
 Slander in charging woman with unchastity 
 causing loss of marriage. 24 L.R.A. 
 (N.S.) 599. 
 
 Agreement for payment of amount specula- 
 tive on marriage as insurance. 47 
 L.E.A.(N.S.) 299. 
 
 2. Property or services acquired or 
 rendered during unlawful mar- 
 riage. 
 
 Right to invoke aid of court to determine 
 rights to property accumulated in com- 
 mon bv parties living in illicit re- 
 lations. 36 L.R.A. (N.S.) 838. 
 
 Right to recover for household services ren- 
 dered while parties were living to- 
 gether under void marriage. 29 L.R.A. 
 (N.S.) 788. 
 
 Insurance on intended husband's life, see 
 FIANCEE. 
 
 Specific performance of contract to provide 
 lor party to, see SPECIFIC PERFORM- 
 ANCE, 8. 
 
 Mental anguish at failure to prevent un- 
 suitable marriage as element of dam- 
 ages in telegraph cases. 49 L.R.A. 
 (N.S.) 238. 
 
 Power of consul to perform marriage cere- 
 mony. 45 L.R.A. 497. 
 
 Belief in invalidity of former marriage as 
 defense to prosecution for bigamy. 27 
 L.R.A. (N.S.) 1103. 
 
 Injunction against enforcing invalid con- 
 tracts relating to marriage. 48 L.R.A. 
 843. 
 
 Federal courts following state decisions as 
 to construction and effect of statutes 
 in relation to. 40 L.R.A. (N.S.) 431. 
 
 Offer of marriage as defense to prosecution 
 for seduction. 29 L.R.A. (N.S.) 421. 
 
 Release of promise to marry as considera- 
 tion for contract. 19 L.R.A. (N.S.) 
 656. 
 
 Promise of marriage as a false pretense. 
 L.R.A.1917E, 808. 
 
 Fraudulent inducement by one party to a 
 void marriage as ground for civil 
 action in favor of other party. 33 
 L.R.A. 411. 
 
 Liability for fraud in inducing one to 
 marry a third person. 46 L.R.A. 
 (N.S.) 98. 
 
 Enticement of minor for purpose of mar- 
 riage. 45 L.R.A. (N.S.) 871. 
 
 Liability for improperly issuing marriage 
 license or performing marriage 
 ceremony. L.R.A.1917E, 868. 
 Improper issuance of license. L.R.A. 
 1017E. 869. 
 
 Devise -or bequest in restraint of, see 
 WILLS, 85. 
 
 Existence of restraint. 4 B. R. C. 83. 
 Validity of restraint. 4 B. R. C. 84. 
 
 As affected by fact that provision is for 
 a daughter or other female rela- 
 tive. 4 B. R. C. 109; 49 L.R.A. 
 (N.S.) 606. 
 Validity of provision for person while 
 
 unmarried. 2 L.R.A. (N.S.) 545. 
 Condition against marriage with a par- 
 ticular person or class of persons. 
 L.R.A.1917A, 44. 
 
 Legislative power to forbid marriage. 
 2 L.R.A. (N.S.) 531; 52 L.R.A. 
 (N.S.) 778. 
 
 The interrorem doctrine. 4 B. R. C. 113. 
 Provision as a condition or a limitation. 4 
 
 B. R. C. 128. 
 
 Provision as a condition precedent or sub- 
 sequent. 4 B. R. C. 142. 
 Effect of provision on estate taken. 4 B. 
 
 R. C. 147. 
 
 Performance. 4 B. R. C. 190. 
 Breach. 4 B. R. C. 191. 
 Character of gift as one of realty or per- 
 sonalty. 4 B. R. C. 194. 
 Construction of provisions. 4 B. R. C. 195. 
 Statutes and their effect. 4 B. R. C. 205. 
 Gifts over by implication where property 
 is given over at death and first taker 
 marries, or vice versa. 4 B. R. C. 206. 
 Contracts in restraint of marriage. 4 B. 
 
 R. C. 215. 
 
 1 Construction of conditions against marriage 
 with a certain person or a particular 
 class of persons. L.R.A. 1917A. 44. 
 Equitable relief against forfeiture of estate 
 under condition against marriage. 63 
 L.R.A. 858- 
 
 Begin iHth this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 871 
 
 MARRIAGE, I. cont'd 
 4. How proved. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 27, 28. 
 
 Sufficiency of proof of marriage, see EVI- 
 DENCE, 295. 
 
 Cohabitation as proof of, where it begins un- 
 lawfully. 14 L.R.A. 364. 
 
 II. Val Ulity generally. 
 
 5. Generally. 
 
 Effect of fraud on marriage, see FRAUD AND 
 DECEIT, 16, 30. 
 
 Devise or bequest to one described as "hus- 
 band," "wife"' or "widow" as affected 
 by illegality of marriage. L.R.A.1917B, 
 1153. 
 
 Laws governing validity of. 57 L.R.A. 
 155; 11 L.R.A.fN.SO 1082; J7 L.R.A. 
 (N.S.) 800; 26 L.R.A. (N.S.) 179; 28 
 L'*.A.(K.S.) 753; 43 L.R.A.(N.S.) 
 35f>. 
 
 Law governing h'gitinuu-y as dependent on 
 validity of marriage. 0.5 L.R.A. 177. 
 
 {.ommon-law marriage ; effect of statute. 
 2 L.R.A. (X.S.)' 353. 
 
 fieneral characteristics and validity of com- 
 mon-law marriage. L.R.A.1915E, 
 8. 
 
 Sufficiency of words and conduct to consti- 
 tute common-law marriage, or of 
 circumstantial evidence to imply 
 marriage. L.R.A.1915E, 60. 
 
 Effect of marriage statutes to abrogate the 
 common law. L.R.A.1915E, 113. 
 
 Effect upon duly solemnized marriage of ab- 
 sence of license required by statute. 
 1.') L.R.A. (N.S.) 463. 
 
 Presumption of marriage license. 14 L.R.A. 
 541. 
 
 Presumptions flowing from marriage cere- 
 mony. L.R.A.1915E, 186. 
 
 Sufficiency of ceremony for remarriage of 
 divorced Catholics. L.R.A.1917C, 1020. 
 
 Unlawful or invalid marriage as void or 
 voidable. L.R.A.1916C, 690. 
 
 6. Effect of duress to avoid mar- 
 riage. 
 
 Effect of, generally. 43 L.R.A. 814. 
 What duress is sufficient. 43 L.R.A. 814. 
 Ratification. 43 L.R.A. 818. 
 Matters of procedure. 43 L.R.A. 8] 9. 
 Marriage induced by duress aa void or void- 
 able. L.R.A.1916C, 706. 
 
 7. Ratification of invalid marriage. 
 
 Of marriage of person wnen insane. 40 
 L.R.A. 741. 
 
 Of marriage effected by duress. 43 L.R.A. 
 818. 
 
 Cohabitation as ratification of forced mar- 
 riage. 27 L.R.A.(N.S.) 805. 
 
 III. Capacity of parties; who may 
 marry. 
 
 8. Generally. 
 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 13. 
 Consult also L.R.A. Digests of Cases. 
 
 | MARRIAGE, III. cont'd 
 Marriage of infant, see INFANTS, 15. 
 Marriage between whites and negroes, see 
 MISCEGENATION. 
 
 Presumption as to capacity flowing from 
 
 marriage ceremony. 16 L.R.A. (N.S. ) 
 
 100. 
 Effect of intoxication on marriage. 34 
 
 L.R.A. 87. 
 Incestuous marriage as void or voidable. 
 
 L.R.A.1916C, 723. 
 
 V T alidity of marriage with relative by mar- 
 riage. L.R.A.1916C, 756. 
 Marriage of physical incompetent as void 
 
 or voidable. L.R.A.1916C, 694. 
 
 9. Persons under age of consent. 
 
 Conflict of laws as to validity. 57 L.R.A. 
 172; 43 L.R.A. (N.S.) 355. 
 
 Validity of marriage of persons of nonage. 
 22' L.R.A.(N.S.) 1202; L.R.A.1916C, 
 740. 
 
 Effect of parents' consent. 22 L.R.A. (N.S.) 
 1206. 
 
 Effect of statute fixing age of consent in 
 defining statutory rape as determining 
 age of consent for marriage. 21 L.R.A. 
 (N.S.) 847. 
 
 Liability for issuing marriage license or 
 performing marriage ceremony where 
 one of parties was under the age of con- 
 sent. L.R.A.1917E, 868. 
 
 10. Marriage of person while insane. 
 
 Invalidity of. 40 L.R.A. 737. 
 
 Degree of incapacity which will affect. 40 
 L.R.A. 738. 
 
 Test of capacity to contract. 40 L.R.A. 738. 
 
 Test of capacity to know the nature of the 
 act. 40 L.R.A. 739. 
 
 Incapacity combined with fraud. 40 L.R.A. 
 740. 
 
 Incapacity as a ground for divorce. 40 
 L.R.A. 740. 
 
 Ratification and waiver of right to attack. 
 40 L.R.A. 741. 
 
 Evidence of incapacity. 40 L.R.A. 742. 
 
 The annulment. 40 L.R.A. 744. 
 
 Mental capacity essential to a valid mar- 
 riage. 38 L.R.A. (N.S.) 818. 
 
 Test of insanity which will render marriage 
 void. 3 B. R. C. 455. 
 
 Marriage of mental incompetent as void or 
 voidable. L.R.A.1916C, 700. 
 
 Effect of recovery of sanity after commence- 
 ment of cohabitation between parties 
 married while one of them was insane. 
 3 L.R.A.(N.S.) 247. 
 
 Misrepresentations or concealment as to 
 antenuptial insanity as ground for an- 
 nulment of marriage. 13 L.R.A. (N.S.) 
 996. 
 
 Desire of aged person to marry as ground 
 for appointment of guardian. 47 
 L.R.A.(N.S.) 475. 
 
 11. Persons already married. 
 
 Bigamy, see BIGAMY. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 13.
 
 872 
 
 INDEX TO L.R.A. NOTES. 
 
 MARRIAGE, III cont'd 
 
 Validity of agreement to marry where one 
 of the parties is already married. 1 B. 
 R. C. 917. 
 
 Conflicting presumptions as to validity of 
 former marriage. 16 L.R.A. (N.S.) 104. 
 
 Presumption as to validity of former mar- 
 riage in prosecution for bigamy. 9 
 L.R.A.(N.S.) 1036. 
 
 Presumption flowing from ceremonial mar- 
 riage of person during lifetime of for- 
 mer spouse. L.R.A.1915E, 186. 
 
 Bigamous marriage as void or voidable. 
 L.R.A.1916C, 711. 
 
 12. Divorced persons. 
 
 Effect of, see infra, 15. 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 13. 
 
 Conflict of laws as to. 24 L.R.A. 831; 57 
 L.R.A. 169; 43 L.R.A. (N.S.) 358. 
 
 Validity of marriage contracted within pro- 
 hibited time after divorce. L.R.A. 
 1916C, 748. 
 
 Effect of statutes forbidding remarriage of 
 guilty party after divorce. 24 
 L.R.A. 831; 57 L.R.A. 169. 
 
 Effect of right to appeal from divorce decree 
 on party's right to remarry. 17 L.R.A. 
 573. 
 
 Petition for modification of divorce decrees 
 to cancel prohibition against a new 
 marriage. L.R.A.1917B, 495. 
 
 Remarriage of divorced Catholics. L.R.A. 
 1917C, 1020. 
 
 13. Subsequent removal of impedi- 
 ment. 
 
 Effect of removal of impediment to mar- 
 riage after parties have begun co- 
 habitation. 3 L.R.A. (N.S.) 244. 
 
 Inference or presumption of marriage from 
 continued cohabitation following re- 
 moval of impediment. L.R.A.1915.E, 91. 
 
 IV. Effect of marriage. 
 
 14. Generally.' 
 
 Presumption flowing from marriage cere- 
 mony, see EVIDENCE, 28. 
 
 As effecting revocation of wills, see WILLS, 
 37. 
 
 Effect of marriage upon wife's status as an 
 
 alien. 22 L.R.A. 148; L.R.A.1916D, 
 
 132. 
 
 How far marriage of infant works eman- 
 cipation. 16 L.R.A. 578; 24 L.R.A. 
 
 (N.S.) 160. 
 Marriage of insured as affecting previous 
 
 designation of beneficiary. 49 L.R.A. 
 
 (N.S.) 141. 
 Effect of marriage of ward on settlement 
 
 between guardian and ward out of 
 
 court. L.R.A.1916E, 871. 
 Effect of injured party's marriage to one of 
 
 several joint tort feasors to release all. 
 
 58 L.R.A. 307. 
 Marriage of woman after personal injury as 
 
 affecting damages. L.R.A.1916C, 592. 
 
 n with this booh on every law question. 
 
 MARRIAGE, IV. cont'd 
 Effect of marrying witness in order to pre- 
 vent her from testifying. 67 L.R.A. 
 
 499. 
 Effect of intermarriage between debtor and 
 
 creditor upon indebtedness. 21 L.R.A. 
 
 (N.S.) 683; L.R.A.1915D, 1126. 
 Law governing effect of subsequent marriage 
 
 to legitimate children previously born. 
 
 65 L.R.A. 178. 
 Effect of contracting or dissolution of, after 
 
 initiation, but before consummation of 
 
 right under homestead entry. 7 L.R.A. 
 
 (N.S.) 967. 
 Effect of ceremonial marriage to overcome 
 
 presumption arising from cohabitation 
 
 and reputation. 16 L.R.A. (N.S.) 102. 
 Marrying out of state contrary to decree as 
 
 contempt of court. 40 L.R.A. (N.S.) 
 
 765. 
 Marriage as ground for non-appointment or 
 
 dismissal of teacher. L.R.A.1916C, 795. 
 Effect of remarriage upon widow's existing 
 
 homestead rights. L.R.A.1916A, 1000. 
 
 15. Of divorced person. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 13. 
 
 Effect of marriage contracted within pro- 
 hibited time after divorce. L.R.A.1916C, 
 748. 
 
 Effect on attack on divorce decrees of new 
 marriage by spouse granted decree. 
 L.R.A.1917B, 489. 
 
 Effect of widow's remarriage on right of 
 children in homestead. 56 L.R.A. 70. 
 
 Effect of marriage of mother on right to ap- 
 pointment as guardian of minor child. 
 33 L.R.A.(N.S.) 875. 
 
 Intermarriage of parties to a divorce upon 
 the right to alimony or provision in lieu 
 of alimony. 3 L.R.A.(N.S.) 923. 
 
 Effect of second marriage upon obligation 
 to pay alimony. 62 L.R.A. 975; L.R.A. 
 1915F, 820. 
 
 V. Annulment. 
 
 16. Generally. 
 
 Divorce or separation, see DIVORCE AKD SEP- 
 ARATION. 
 
 Effect of conviction and sentence upon mar- 
 riage relation. 31 L.R.A. 515. 
 
 Power to compel plaintiff in suit for annul- 
 ment of marriage to submit to a phy- 
 sical examination. 14 L.R.A. 466. 
 
 Annulment of marriage on publication 
 where defendant is absent from the 
 country. 19 L.R.A. 820. 
 
 Condonation of loathsome disease as defense 
 to action for annulment. 5 L.R.A. 
 (N.S.) 729. 
 
 17. Jurisdiction. 
 
 See COURTS, 8; EQUITY, 12. 
 
 18. Grounds for. 
 
 Antenuptial pregnancy or unchastity as a 
 ground of divorce or annulment of 
 marriage. 18 L.R.A. 375; L.R.A. 
 1916E, 650.
 
 INDEX TO L.R.A. NOTES. 
 
 873 
 
 MARRIAGE, V. cont'd 
 
 Misrepresentations or concealment as to 
 one's physical or mental condition as 
 ground for annulment of marriage. 13 
 L.R.A. (X.S.) 996. 
 
 Misrepresentation as to disposition or gen- 
 eral character as ground for. 30 L.R.A. 
 (X.S.) 301. 
 
 Annulment of marriage of person while in- 
 sane. 40 L.R.A. 744. 
 
 Test of insanity which will justify annul- 
 ment of marriage. 3 li. R. C. 455. 
 
 Annulment because of intent not to perform 
 duties of marital relation. L.R.A. 
 1916E, 1274. 
 
 What constitutes duress for which mar- 
 riage may be annulled. 27 L.R.A. 
 (X.S.) 803. 
 
 Right to avoid marriage entered into, to es- 
 cape prosecution for seduction, upon 
 ground of duress. 16 L.R.A. (X.S.) 938. 
 
 19. Effect of. 
 
 On community property, see HUSBAND AND 
 WIFE, 30. 
 
 Of marriage entered into while insane. 40 
 L.R.A. 746. 
 
 Effect of annulment on property held by the 
 entireties. 30 L.R.A. 333. 
 
 Division of property upon the annulment of 
 marriage. 36 L.R.A. (N.S.) 844. 
 
 Devise or bequest to one described as "hus- 
 band,'' "wife" or "widow" as affected 
 by annulment of marriage. L.R.A. 
 1!>17B, 1156. 
 
 Conclusiveness as to third persons of decree 
 in suit for annulment as to facts adjudi- 
 cated as distinguished from status es- 
 tablished. 39 L.R.A.(X.S.) 559; L.R.A. 
 1915C, 870. 
 
 20. Alimony. 
 
 As to alimony in divorce suit, see DIVORCB 
 AND SEPARATION, 34-49. 
 
 Alimony in suit to annul marriage. 3 
 
 L.R.A. (N.S.) 192. 
 Right -to temporary alimony on annulment 
 
 of marriage. 26 L.R.A. (N.S.) 500. 
 Power, upon annul ing a marriage, to require 
 
 man to provide for support of woman or 
 
 child. 5 L.R.A.(N.S.) 767. 
 
 MARRIAGE BROKAGE. 
 
 Validity of marriage brokage contracts. 3 
 B.*R. C. 643. 
 
 Injunction against enforcing marriage brok- 
 age bonds. 48 L.R.A. 843. 
 
 MARRIAGE CEREMONY. 
 
 Presumption from, see EVIDENCE, 28. 
 
 MARRIAGE SETTLEMENT. 
 
 See HUSBAND AND WIFE, 55-61. 
 Consult also L.B.A. Digests of Cases. 
 
 MARRIED PERSONS. 
 
 In general, see HUSBAND AND WIFE. 
 Marriage of, see MARRIAGE, 11. 
 
 MARRIED WOMEN. 
 
 See HUSBAND AND WIFE. 
 
 MARSHAL. 
 
 Deputy marshal, see DEPUTY, 2. 
 
 Applicability to, of Workmen's Compensa- 
 tion Acts. L.R.A.1918F, 101. 
 
 As public officer. 17 L.R.A. 245; 36 L.R.A. 
 (N.S.) 882. 
 
 Liability of marshal executing invalid 
 search warrant. 49 L.R.A. (X:S.) 770. 
 
 Liability of, for his deputy's tort in making 
 arrest. 12 L.R.A. (N.S.) 1019; L.R.A. 
 1915E, 172. 
 
 Liability of sureties on bond of, for death 
 of person due to act or default of prin- 
 cipal or one of his deputies. 11 L.R.A. 
 (N.S.) 758. 
 
 MARSHALING ASSETS AND SECURI- 
 TIES. 
 
 1. Generally. 
 
 Of assets as affecting priority of United 
 States. 29 L.R.A. 238. 
 
 Of funds of mutual fire insurance com- 
 panies. 32 L.R.A. 498. 
 
 Marshaling assets for benefit of mortgagor. 
 47 L.R.A. (N.S.) 302. 
 
 Duty of one debtor to exonerate the other, 
 as affecting the rule which denies the 
 right to marshal assets where the 
 funds are not derived from a common 
 source, or are not in the hands of a 
 common debtor. 12 L.R.A. (N.S.) 965. 
 
 Right of junior creditor to compel para- 
 mount creditor to resort primarily to 
 property of third person which may be 
 subjected to payment of his claim. 39 
 L.R.A. (N.S.) 1000. 
 
 Right of holders of concurrent mortgages or 
 debentures ranking pari passu to have 
 interest equalized before distributing 
 proceeds of security. 7 B. R. C. 91. 
 
 2. Inverse order of alienation. 
 
 Rule as to inverse order of alienation as 
 affected by assumption of mort- 
 gage debt. 39 L.R.A. (N.S.) 359. 
 
 MARSHES. 
 
 25 
 
 Surface water as distinguished from. 
 
 L.R.A. 529. 
 Taking of property for reclamation of, as a 
 
 public purpos"e. 22 L.R.A. (X.S.) 163. 
 Right to hasten flow of water from. 19 
 
 L.R.A. (X.S.) 169; L.R.A.1916F, 429.
 
 874 
 
 INDEX TO L.K.A. NOTES. 
 
 MARTIAL LAW. 
 
 Martial law when there is no actual war. 
 
 65 L.R.A. 193. 
 Continuance of constitutional guaranties 
 
 during war or insurrection. 45 L.R.A. 
 
 (N.S.) 996. 
 
 MASONIC HALL. 
 
 Assessment for local improvement. 35 
 L.R.A. 38. 
 
 MASSAGE. 
 
 Application of statute regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A. (N.S.) 
 762; 24 L.R.A. (N.S.) 103; 25 L.R.A. 
 (N.S.) 1297; L.R.A.1917C, 825. 
 
 MASSES. 
 
 Validity of bequests for; secret trusts to 
 use for masses. 25 L.R.A. 360; 40 
 L.R.A. 717; 37 L.R.A.(N.S.) 1005. 
 
 Enforcement of general bequests for. 14 
 L.R.A.(N.S.) 96. 
 
 Who may enforce trust for. 46 L.R.A. 
 (N.S.) 222. 
 
 MASSEURS. 
 
 See MASSAGE. 
 
 MASTER. 
 
 1. Of vessel. 
 
 Admiralty jurisdiction of contracts of. 66 
 L.R.A. 228. 
 
 Maritime lien of. 70 L.R.A. 437. 
 
 Authority to give maritime lien for sup- 
 plies and repairs. 70 L.R.A. 391. 
 
 2. In chancery. 
 
 Right of woman to be. 38 L.R.A. 213. 
 Waiver by cross-examination of objection 
 
 to testimony taken before. 33 L.R.A. 
 
 (N.S.) 108. 
 
 MASTER AND SERVANT. 
 
 J. In general, 1. 
 
 II. Rights and relation generally, 
 2-47. 
 
 a. In general, 2-9. 
 
 b. Statutes affecting relations, 
 
 10-12. 
 Begin ivith this book on every law question. 
 
 MASTER AND SERVANT, II. cont'd 
 
 c. Products of servant's labor 
 
 or inventions, 13, 14. 
 
 d. Validity of contract, 15, 
 
 16. 
 
 e. Authority of employee, 
 
 17-18a. 
 /. When relation exists, 19- 
 
 23. 
 g. Wages; compensation, 
 
 24-31. 
 
 h. Hours of labor, 32, 33. 
 i. Termination of relation; 
 discharge; enticing, 
 34-47. 
 
 1. In general, 34-39. 
 
 2. Discharge, 4O-46. 
 
 3. Enticing; procuring dis- 
 
 charge, 47. 
 III. Duty and liability of master to 
 
 servant, 48-169a. 
 a. Nature and extent of mas- 
 ter's duty, 48-1O8. 
 
 1. In general, 48-64. 
 
 2. Knoivledge as element 
 
 of employer's liability, 
 65-68. 
 
 3. Scope of employment ; 
 
 direct command, 
 69, 70. 
 
 4. As to rules and regula- 
 
 tions for conduct of 
 business, 71. 
 
 5. Duty to warn or instruct 
 
 servant, 72- 
 78. 
 
 (a) In general, $ 
 
 72-75. 
 
 (b) Children, 7G- 
 
 78. 
 
 C. Safety as to place, ap- 
 pliances, and 
 tools, 79-1O3. 
 
 (a) In general, . 
 
 79-87. 
 
 (b) Machinery, 88- 
 
 90. 
 
 (c) In mines, 91, 
 
 Ola. 
 
 (d) Railroad and 
 
 street railway- 
 cases, 92-97. 
 
 (e) Inspection, 98- 
 
 102. 
 
 (f) Superintendence 
 
 and supervision, 
 103. 
 
 7. Selection, employment? 
 
 and retention of fellow 
 servants, 1O4-1O6. 
 
 8. Liability to volunteer, 
 
 employee's assistant, or- 
 servants of third per- 
 sons, !O7-lO8a. 
 ft. Assumption of risk, 1O9- 
 
 122. 
 
 c. Contributory negligence, $ 
 123-131.
 
 INDEX TO L.R.A. NOTES. 
 
 875 
 
 MASTER AND SERVANT, III. cont'd 
 
 d. Fellow servants, 132- 
 
 1. In general, 132-138. 
 
 (a) Generally, 132. 
 
 (It) Concurrent negli- 
 gence of master 
 and felloiv serv- 
 ant, 133, 134. 
 
 (c) Felloiv servant 
 
 rule as affected 
 by statute, 135. 
 
 (d) Who ai'e fellow 
 
 servants general- 
 ly, 136, 137. 
 
 (e) For what acts of 
 
 fellow servant 
 master is liable, 
 138. 
 
 2. Common employment, 
 
 apart from statute, 
 where no question as 
 to vice principalship, 
 139-143. 
 
 3. Vice principal; superior 
 
 servant, $ 144- 
 169a. 
 
 (a) In general, 144. 
 
 (b) Considered ^vith 
 
 reference to rank 
 of superior serv- 
 ant, 145- 
 152. 
 
 (c) Vice principal- 
 
 slii p as de- 
 t e r mine d 
 with refer- 
 ence to char- 
 acter of act 
 causing in- 
 jury; delega- 
 tion of duty, 
 153-169a. 
 
 (1) In general, 
 
 153,, 154. 
 
 (2) Liability of 
 
 master for 
 negligence of 
 coservant, 
 155-162a. 
 
 (3) Delegation of 
 
 master's duty, 
 
 163-169a. 
 
 IV. Liability of master to third per- 
 
 son, 17O-195. 
 a. For acts of servants or 
 agents, 17O-184. 
 
 1. In general, 17O-18O. 
 
 2. Scope of employment; 
 
 disobedience of orders, 
 181-184. 
 
 "b. For acts of independent 
 contractors, 185- 
 195. 
 
 1. In general, 185-188. 
 
 2. For what acts of con- 
 
 tractor employer is 
 liable, 189-194. 
 
 3. Who are independent 
 
 contractors, 195. 
 F. Liability of servant or contractor, 
 
 196-198. 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT cont'd 
 VI. Joint liability, : of master and serv- 
 ant, 19O. 
 
 VII. Liability of third person to serv- 
 ant or master, 2OO-2O2, 
 
 I. In general. 
 
 1. Generally. 
 
 As to apprentices, see APPRENTICES. 
 Servant's fraud in examining vouchers, see 
 
 BANKS, 29. 
 Bond insuring fidelity of employee, see 
 
 BONDS, 11. 
 Employees of carrier as passengers, see 
 
 CARRIERS, 6. 
 
 Character of employee, see Character, 2. 
 Relation between carriers and employees in 
 
 matters affecting interstate commerce, 
 
 see COMMERCE, 19. , 
 
 Employment agencies, see CONSTITUTIONAL 
 
 LAW, 88. 
 
 Custom of, see CUSTOM AND USAGE, 3, 4. 
 Servant's choice of remedy, see ELECTION 
 
 OF REMEDIES, 7. 
 
 Employers' indemnity insurance, see IN- 
 SURANCE, 212-217. 
 
 Employees in mine, see MIXES, 39-42. 
 Ratification by employer, see RATIFICATION, 
 
 4. 
 Action by father for seduction of child, 
 
 see SEDUCTION, 4. 
 
 Sickness of employee, see SICKNESS, 9. 
 Service on employee, see WRIT AND PROC 
 
 ESS, 23. 
 
 Effect of servant's authority to enter build- 
 ing on sufficiency of breaking to consti- 
 tute burglary. L.R.A.1915D, 1015. 
 
 Validity of contract or option by director 
 for purchase of stock of employee of 
 corporation upon discontinuance of em- 
 ployment. L.R.A.1916D, 1117. 
 
 Trust for benefit of employees as a charita- 
 ble trust. 7 B. R. C. 180. 
 
 Liability of carrier for loss of property of 
 employer in passenger's baggage. L.R.A. 
 1918C, 114. 
 
 Lien of innkeeper on goods of master of 
 guest. 21 L.R.A. 230. 
 
 Robbery by taking property from servant. 
 67 L.R.A. 346. 
 
 Effect of servant's consent to taking of 
 property on crime of larceny. 7 L.R.A. 
 (N.S.) 1149. 
 
 Competency as juror of employee or rela- 
 tive of employee of party or person 
 interested in action. 40 L.R.A. (N.S.) 
 982. 
 
 Disqualification of employee of party in- 
 terested in eminent domain proceed- 
 ings to serve as commissioner or juror. 
 47 L.R.A.(N.S.) 168. 
 
 Right of employer who has been held liable 
 for tort of or upon servant or contract- 
 or to recover from the actual wrong- 
 doer. 40 L.R.A. (N.S.) 1153. 
 
 Admissibility of reports by employee to em- 
 ployer to prove fact in issue. 18 
 L.R.A. (N.S.) 231: 25 L.R.A. (N.S.) 
 930; 47 L.R.A. (N.S.) 830.
 
 876 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, I. cont'd 
 Communication to stenographer or clerk as 
 publication of libel. 1 B. II. C. 453; L.R.A. 
 
 191 8F, 568. 
 
 Right of third person. to complain of regu- 
 lations concerning conduct of employ- 
 ees, etc., by which he is injuriously 
 affected. 5*1 L.R.A. (N.S.) 17. 
 Competency of employee appointed as ap- 
 praiser, pursuant to statute or provi- 
 sion of lire insurance policy to ascer 
 tain amount of loss. 52 L.R.A. (N.S.) 
 497. 
 
 Agreements between employer and trade 
 union. 45 L.R.A. (N.S.) 184. 
 
 //. Rights and relation, generally, 
 a. In general. 
 
 2. Generally. 
 
 Statutes affecting relations, see infra, 
 10-12. : 
 
 Measure of damages for breach of contract 
 by employer or employee, see DAMAGES, 
 24, 25. 
 
 Presumption and burden of proof as to con- 
 tract of employment, see Evidence, 
 92. 
 
 Sufficiency of evidence of contract of em- 
 ployment, see EVIDENCE, 310. 
 
 Injunction against disclosure of trade 
 secrets by employee, see INJUNCTION, 
 72. 
 
 Liability growing out of the giving or re- 
 fusing of information affecting the 
 character or reputation of servant, see 
 LIBEL AND SLANDER, 20, 27. 
 
 Authority to contract for services of other 
 persons. L.R.A.1918F, 18. 
 
 Imprisonment of one of the parties to the 
 contract as affecting rights and obliga- 
 tions thereunder. L.R.A.1917F, 628. 
 
 Distinction between office and employment. 
 17 L.R.A. 244. 
 
 Railroad employee as passenger. 31 L.R.A. 
 321. 
 
 Voluntariness of confession made to mas- 
 ter. 18 L.R.A.(N.S.), 854. 
 
 Reduction of rank or changing duties of 
 employee as violation of contract of 
 employment. 27 L.R.A. (N.S.) 1011. 
 
 Servant's right as to tips received by him. 
 41 L.R.A. (N.S.) 1217. 
 
 Effect of contemporaneous agreement to 
 give debtor employment or retain him 
 in a position to render attempted pref- 
 erence invalid as to other creditors. 
 17 L.R,A.(N.S.) 310. 
 
 Right of servant to common-law possessory 
 lien or its statutory substitute for serv- 
 ices in connection with property. 42 
 L.R.A. (N.S.) 731. 
 
 Existence of trust in favor of master in 
 property stolen or embezzled by servant. 
 L.R.A.1915B, 442. 
 
 Amount of damages recoverable by master 
 for seduction of employee. 52 L.R.A. 
 (N.S.) 89. 
 
 Right of servant to notice to redeem from 
 tax sale. 44 L.R.A. (N.S.) 676. 
 
 Begin iHtlt tliis ItooJi on every law question. 
 
 MASTER AND SERVANT, II. a cont'd 
 
 Who may or must be admitted to hospital 
 maintained for benefit of employees. 
 L.R.A.1918D, 561. 
 
 Right of labor union to enforce rules as 
 to the minimum number of employees. 
 L.R.A.1918C, 817. 
 
 Contract by employer to protect employee 
 from personal violence by strikers. 
 L.K.A.1918C, 929. 
 
 Right of master to recover penalty for im- 
 proper performance of marriage cere- 
 mony. L.R.A.1917E, 874. 
 
 Sale or mortgage of crops where one hired 
 to raise them is entitled to a share 
 therein. L.R.A.1917C, 33. 
 
 3. Occupation of master's premises. 
 
 Occupation of premises as a servant and as 
 
 a tenant. 4 L.R.A. (N.S.) 698. 
 Right to remove servant from premises 
 
 after termination of service. 41 L.R.A. 
 
 (N.S.) 761. 
 Duty and liability of master as to goods of 
 
 servant who lives on the premises. 
 
 L.R,A.1918C, 900. 
 
 4. Duty of servant to obey his mas- 
 ter's orders. 
 
 Master's liability for injuries received in 
 
 obeying direct command, see infra, 
 
 70. 
 Assumption of risk by servant obeying 
 
 orders, see infra, 117. 
 Contributory negligence of servant obeying 
 
 command, see infra, 126, 127. 
 
 Generally. 24 L.R.A. (N.S.) 814. 
 
 Limits of the duty of obedience. 24 L.R.A. 
 
 (N.S.) 821. 
 
 Duties in respect of the character, time, 
 and place of the work. 24 L.R.A. 
 (N.S.) 825. 
 
 5. Duration of employment. 
 
 Time for which contracts of employment 
 may be made on behalf of corporation 
 by its officers, directors, and agents. 
 49 L.R.A. 471; 17 L.R.A. (N.S.) 177. 
 
 Contracts for permanent employment, and 
 similar agreements. 35 L.R.A. 512 ; 50 
 L.R.A. (N.S.) 453. 
 
 Duration of contract of hiring which speci- 
 fies no term, but fixes compensation at 
 a certain amount per day, week, month, 
 or year. 25 L.R.A. (N.S.) 529; 51 
 L.R.A. (N.S.) 629. 
 
 Presumption from continuing in employer's 
 service after the expiration of the origi- 
 nal term. L.R.A.1918C, 706. 
 
 6. Ill treatment of servant. 
 
 Homicide by excessive chastisement of serv- 
 ant. 60 L.R.A. 804. 
 
 Criminal liability of master for ill-treat- 
 ment of, or neglect of, servant, causing 
 death. 61 L.R.A. 293. 
 
 7. Blacklisting. 
 
 Blacklisting employees. 63 L.R.A. 289; 4 
 L.R.A. (N.S.) 1118; L.R.A.1916C, 222. 
 
 Injunction against blacklisting. 20 L.R.A. 
 342; 4 L.R.A. (N.S.) 1121.
 
 INDEX TO L.R.A. NOTES. 
 
 877 
 
 MASTER AND SEVANT, II. a cont'd 
 Action on the case for. 4 L.R.A. (N.S.) 
 1120. 
 
 8. Agreement not to engage in rival 
 business. 
 
 Validity of, sec infra, 1C. 
 
 Injunction against employee engaging in 
 
 competitive business, see INJUNCTION, 
 
 14. 
 
 Entering another's employment as breach of '. 
 
 covenant not to engage in rival busi- ; 
 
 ness. 20 L.R.A. (N.S.) 769. 
 Is servant bound by restrictive provision 
 
 against conducting rival business where ; 
 
 he is wrongfully discharged. 1 B. R. ; 
 
 C. 502. 
 
 9. Enforcement of contract of em- 
 ployment. 
 
 Injunction against breach of contract, see ' 
 INJUNCTION, 7a. 
 
 Enforcement of contract of service by courts 
 of equity. G L.R.A. (N.S.) 1115. 
 
 Enforcement in equity of stipulations by ' 
 employees not to perform services for j 
 anv other persons than their employ- ; 
 ers. 6 L.R.A. (N.S.) 1130. 
 
 Right to mandatory injunction to compel 
 specific performance of contract for 
 services. 20 L.R.A. 167. 
 
 b. Statutes affecting relations. 
 
 10. Generally. 
 
 Statutory regulation of wages, see infra, ! 
 30, 31. 
 
 Statutory regulation of hours of labor, see ; 
 infra. 33. 
 
 Constitutionality of statutes, see CONSTITU- 
 TIONAL LAW, 62, 66. 
 
 Constitutionality of various laws affecting ' 
 relations of employers and employed. 
 21 L.R.A. 798. 
 
 Police power to license employment agen- i 
 cies. 2 L.R.A. (N.S.) 859;' 21 L.R.A. 
 (N.S.) 263; L.R.A.1916E, 1150. 
 
 Constitutionality of laws prohibiting carry- i 
 ing on of employments or occupations 
 upon certain premises. 44 L.R.A. 
 (N.S.) 40. 
 
 Statutes respecting health of place. 25 
 L.R.A. 759, 848; 32 L.R.A. 853. 
 
 State regulation of relations between rail- 
 road companies engaged in interstate 
 commerce and their employees. .15 
 L.R.A. (N.S.) 134; 29 L.R.A. (N.S.) 
 240; 52 L.R.A. (N.S.) 266. 
 
 Power of legislature to compel employer to 
 pay employee's poll tax. 9 I..R.A. 
 (N.S.) 306! 
 
 Power of public to determine capacity or 
 suitableness of particular employee of 
 private corporation or corporation 
 whose business is affected with a pub- 
 lic interest. L.R.A. 1915E, 708. 
 
 Constitutionality of statute requiring pre- 
 liminary apprenticeship or experience 
 for railroad employees. L.R.A.1915D, 
 677. 
 
 Prohibiting or restricting employment of 
 aliens. L.R.A. 1916D, 569. 
 
 Consult ttlxo L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, II. b cont'd 
 
 Validity of statute punishing fraud on em- 
 ployers and declaring what shall be 
 prima facie evidence of fraudulent in- 
 tent. L.R A.1915C, 733. 
 
 Constitutionality of statute restricting 
 remedy bv injunction in labor disputes. 
 L.R.A.1916F, 836. 
 
 Constitutionality and construction of stat- 
 ute requiring mine owner or operator 
 to furnish wash rooms or similar con- 
 veniences for employees. L.R.A. 1915B, 
 420. 
 
 Constitutionality of statute requiring one 
 advertising for help during strike to 
 mention its existence. 49 L.R.A. < N.S.) 
 879. . , , 
 
 11. Affecting right to contract. 
 
 Statutory restrictions on contracts between. 
 14 L.R.A. 325: 17 L.R.A. 853; 21 
 L.R.A. 798. 
 
 Statutes forbidding or regulating contracts 
 for labor of children or women. 21 
 L.R.A. 797. 
 
 Constitutionality of st.atutes forbidding em- 
 ployer to exact agreement from em- 
 ployee not to join labor union. 7 
 L.R.A.(N.S.) 282: L.R.A.1915C, 960. 
 
 Constitutionality of statute forbidding 
 avoidance of liability to employee or re- 
 duction of his damages by relief or in- 
 demnity contract. 33 L.R. A. f N.S.) 
 706; 38 L.R.A. (N.S.) 867. 
 
 Constitutionality of statute providing for 
 imprisonment for breach of contract of 
 labor or rental. 21 L.R.A. (N.S.) 242. 
 
 12. As to employment of women and 
 children. 
 
 Constitutionality of statutes forbidding or 
 regulating contracts for labor of wom- 
 en. 21 L.R.A. 797. 
 
 Constitutionality of legislation limiting 
 hours of labor by women. 35 L.R.A. 
 (N.S.) 628; 40 L.R.A. (N.S.) 893; 51 
 L.R.A. (N.S.) 361: L.R.A.1915F, 829. 
 
 Constitutionality of child labor laws. 21 
 L.R.A. 797; 17 L.R.A. (N.S.) 602; 24 
 L.R.A.(N.S.) 121; L.R.A.1915F, 829., j 
 
 What places are included within generic 
 term "business establishment," "mer- 
 cantile institution," etc., as used in 
 statutes relating to the employment of 
 minors. 44 L.R. A. (N.S.) 1185. i 
 
 Constitutionality of Minimum Wage Law 
 relating to private employment. L.R.A. 
 MH8F, 547. 
 
 Private action for violation of child labor 
 laws. 9 L.R.A. (N.S.) 381; L.R.A. 
 1915F, 554. 
 
 Employment of child in violation of stat- 
 ute as negligence which will sustain an 
 action by the child for personal in- 
 juries. 7 L.R.A. (N.S.) 335; 1 B. tt. 
 C. 629; 48 L.R.A. (N.S.) 656. j 
 
 c. Products of servant's labor or in- 
 rention. 
 
 13. Generally; patented inventions. 
 
 Rights of employer and employee with re- 
 spect to things produced by the 
 t labor of the employee. 5 L.R.A. 
 I N.S.) 1154.
 
 878 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, II. c cont'd 
 
 Right of principal or employer to earnings 
 l\y agent or servant who undertakes ex- 
 traneous work. L.R.A.1916D, 782. 
 
 Inventions of employees. 2 
 L.R.A.(X.S.) 1173; 5 
 L.R.A.(N.S.) 1177. 
 
 Right of public to benefit of discoveries, 
 inventions, devices, data, etc., made or 
 prepared by employee. L.R.A. 1917B, 
 1183. 
 
 Implication from government's use of pat- 
 ented invention of employee, of prom- 
 ise to pay royalty. 44 L.R.A. (N.S.) 
 337. 
 
 14. Literary work. 
 
 Respective rights of master and servant in 
 
 intellectual work. 51 L.R.A. 359. 
 Rights of employer and employee with re- 
 spect to literary or pictorial work 
 of employee. 1 B. R. C. 324. 
 Literary work of employees. 5 L.R.A. 
 ..'.. (N.S.) 1187, 
 
 . <Z. Validity of contract. 
 
 15. Generally. 
 
 As to length of employment, see supra, 
 
 5. 
 Under provisions of statute, see supra, 
 
 11- 
 Master's liability for injury to servant as 
 
 affected by contract, see infra, 52, 
 
 53. 
 Measure of damages for employee's breach 
 
 of contract by employee, see DAMAGES, 
 '% 24. 
 Measure of damages for master's breach of 
 
 contract of employment, see DAMAGES, 
 ' 25, 25a. 
 
 Mutuality of contract of employment which, 
 by its terms, is binding upon only one 
 
 ' of the parties for the time designated. 
 20 L.R.A.(N.S.) g99. 
 
 Validity of agreement at common law by 
 which employer seeks to direct trade 
 of his employees to other parties. 24 
 L.R.A.(N.S.)'649. 
 
 Effect of statute of frauds on parol con- 
 tracts of employment which may but 
 are not intended to be performed with- 
 in a year. 15 L.R.A. (N.S.) 321. 
 
 Constitutional objections to convict labor 
 contracts. L.R.A.1916D, 660. 
 
 Validity under the Federal employers' lia- 
 bility .act of contract requiring notice 
 in writing. L.R.A.1915F, 551. 
 
 Validity of contract of employment in- 
 definite and uncertain as to kind of 
 employment or amount of remunera- 
 tion. '48 L.R.A. CN.S.) 435. 
 
 Validity of contract to employ union labor 
 only. 45 L.R.A. (N.S.) 564. 
 
 MASTER- AND SERVANT, II. cont'd 
 e. Authority of employee. 
 
 17. Generally. 
 
 Authority of agent generally, see PRINCI- 
 PAL AND AGENT, IV. 
 
 Implied or apparant authority of employee 
 to bind principal for board or traveling 
 expenses. L.R.A.1916B, 754. 
 
 Implied or presumed authority of superin- 
 tendent of department to contract as 
 to matters relating to his department. 
 38 L.R.A. (N.S.) 1135. 
 
 Inference of employee's authority to expel 
 trespassers from practice of doing so. 
 34 L.R.A. (N.S.) 693. 
 
 Authority of child to bind parent by con- 
 tracts other than those for necessaries 
 as implied from child's employment by 
 father. 39 L.R.A. (N.S.) 882. 
 
 Right of conductor to waive conditions in 
 stock drover's pass. 27 L.R.A. (N.S. ) 
 646. 
 
 Authority of superintendent to contract for 
 payment of employees while laid off. 
 4f L.R.A. (N.S.) 1141. 
 
 Authority of employee to entrust manage- 
 ment of vehicle of which he had -charge 
 to" another, so as to render the master 
 liable for the latter's negligence. 6 
 B. R. C. 705. 
 
 18. To employ physician. 
 
 Authority of agent or other < representative 
 of railroad company to employ medical 
 services for injured person. 20 L.R.A. 
 695; 16 L.R.A. (N.S.) 1081. 
 
 18a. for injured employee. 
 
 Authority of agent or representative to em- 
 ploy medical services for employee. 20 
 L.R.A. 69,). 
 
 Implied power of employee to employ physi- 
 cian to attend injured employee. 34 
 L.R.A. (N.S.) 351; L.R.A.1915C, 809. 
 
 Liability of master for medical attendance 
 engaged by employee who, by the con- 
 tract of employment, was entitled to 
 such attendance. 37 L.R.A. (X.S.) 757. 
 
 /. When relation exists. 
 
 19. Generally. 
 
 Liability for injury to servant while not at 
 work, see infra, 61. 
 
 Payment of wages as test of existence of 
 relation. 37 L.R.A. 38. 
 
 Servant sharing in profits as a partner. 18 
 L.R,A.(N.S.) 1032; L.R.A.1918F, 801. 
 
 Firemen as servants or agents of owner of 
 burning property. 39 L.R.A. (N.S.) 
 237. 
 
 May one in charge of a vehicle under a 
 contract purporting to be a bailment 
 or a lease be regarded as a servant of 
 the owner as to a third person injured 
 by the vehicle. 6 L.R.A. (N.S.) 544. 
 
 16. Not to engage in competitive 20. Which of two or more persons is 
 business. master of third. 
 
 See CONTRACTS. 109, 118. Generally. 37 L.R.A. 33. 
 
 Begin iHth this ItooTc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 879 
 
 MASTER AND SERVANT, II. f cont'd 
 Tests of the existence of the relation of 
 master and servant. 37 L.R.A. 38. 
 Effect of plaintiff's ignorance of actual con- 
 ditions. 37 L.R.A. 45. 
 
 Liability for acts of servants regularly act- 
 ing for dissociated employers in differ- 
 ent capacities. 37 L.R.A. 47. 
 Relationship where servants are hired by 
 one in the employment of another. 
 37 L.R.A. 48. 
 Whose servants are the crew of a chartered 
 
 vessel. 37 L.R.A. 54. 
 
 Position of servants of railroad companies 
 which are using the same premises. 
 37 L.R.A. 59. 
 Position of servants working for connecting 
 
 carriers. 37 L.R.A. 64. 
 
 Relation between a lessor or licensor and 
 the servants of the lessee or licensee. 
 37 L.R.A. G5. 
 
 Position of servants delivering or receiving 
 goods elsewhere than at the em- 
 ployer's place of business. . 37 
 L.R.A. 66. 
 Position of servants working on the same 
 
 trains. 37 L.R.A. 68. 
 
 Position of servants delegated to perform 
 work contracted for by their mas- 
 ter. . 37 L.R.A. 69. 
 
 Constructive service as predicated from the 
 necessity of discharging special ob- 
 ligations to the public. 37 L.R.A. 
 81. 
 
 Position of servants operating railroads for 
 receivers and trustees for mortgage 
 bondholders. 37 L.R.A. 85. 
 
 21. For purpose of holding master 
 lij'ble for, servant's acts. 
 
 Liability of railroad company for acts of 
 Pullman car employees, see CARRIERS, 
 97. 
 
 Actions by third persons for injuries due 
 to negligence of servants hired by in- 
 dependent contractor. 37 L.R.A. 50. 
 
 Liability for acts of servants regularly act- 
 ing for dissociated employers in differ- 
 ent capacities. 37 L.R.A. 47. 
 
 Liability of general employer for negligence 
 of employee while assisting a third per- 
 son without the former's knowledge or 
 consent. 4 L.R.A.(N.S.) 651. 
 
 Who is responsible for acts of driver fur- 
 nished with a hired vehicle. 13 L.R.A. 
 (N.S.) 1122; 16 L.R.A. (N.S.) 816; 25 
 L.R.A.(N.S.) 33; 38 L.R.A. (N.S.) 973; 
 L.R.A.1918E, 121. 
 
 Liability of hirer of team for damage to 
 team or wagon by negligence of driver 
 in general employ of owner. L.R.A. 
 1916F, 1039. 
 
 Liability of employer for negligence of one 
 to whom servant intrusted management 
 of vehicle of which he had charge. 6 
 B. R. C. 705. 
 
 Liability of one undertaking to give in- 
 struction in driving automobile for neg- 
 ligent operation during instruction as 
 affected by question whether person in 
 charge of the car was acting as the 
 agent of the one sought to be charged. 
 L.R.A.1917A, 397. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, II. f cont'd 
 
 Liability of automobile owner for negligence 
 of chauffeur furnished by third person. 
 39 L.R.A.(N.S.) 933; 48 L.R.A.(N.S.) 
 424. 
 
 Who is responsible for negligence of chauf- 
 Teur operating a leased or demonstrat- 
 ing car. 40 L.R.A. (N.S.) 457; 44 
 L.R.A.(N.S.) 113; 51 L.R.A. (N.S.) 
 1164. 
 
 Liability of owner of automobile for injury 
 by car while being run by one to whom 
 it has been entrusted for storage or 
 repairs. 51 L.R.A.(N.S.) 772; L.R.A. 
 1916B, 762. 
 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car or employment of driver. 46 
 L.R.A. (N.S.) 1091; L.R.A.1918D, 924. 
 
 Liability of joint employers for torts of thu 
 employee. 51 L.R.A.(N.S.) 866. 
 
 Liability of joint owners of automobile or 
 carriage for torts of common servant. 
 51 L.R.A.(N.S.) 1116. 
 
 May one in charge of a vehicle under a 
 contract purporting to be a bailment Or 
 lease be regarded as a servant of the 
 owner as to a third person injured by 
 the vehicle. 6 L.R.A. (N.S.) 544. 
 
 Liability of a railroad company for negli- 
 gence of one of its employees while run- 
 ning on the road of another company 
 subject to the orders of the 1 latter's 
 train despatches 22 L.R.A. (N.S.) 323. 
 
 The liability of master for injury to proper- 
 ty or person of one to whom he owes 
 no contractual duty, by acts of volun- 
 teer whom servant permits to assist in 
 performance of master's service. 13 
 L.R.A.(N.S.) 572; 45 L.R.A.(N.S.) 
 382; L.R.A.1916B, 630. 
 
 Responsibility of general employer for neg- 
 ligence of employee in operating eleva- 
 tor for convenience of workmen not in 
 former's employ. L.R.A.1917E, 964. 
 
 22. servant employed as' detective, 
 policeman, etc. 
 
 Liability of private person or corporation 
 for acts of special police officer ap- 
 pointed by public authority. 23 L.R.A. 
 (N.S.) 289; 30 L.R.A.(N.S.) 481: 39 
 L.R.A.(N.S.) 122; 43 L.R.A.(N.S.) 
 1164; L.R.A.1915C, 1183. 
 
 Liability of master for arrest or false im- 
 prisonment by servant employed as de- 
 tective, policeman, or watchman. 4 
 L.R.A.(N.S.) 282; 28 L.R.A.(N.S.) 88; 
 L.R.A.1916F, 1249. 
 
 23. For purpose of fixing master's 
 liability to servant. 
 
 Who are volunteers, see infra, 108. 
 
 Applicability of master and servant doc-' 
 
 trines to case of injured actor. 37 
 
 L.R.A.(N.S.) 514. 
 Liability of master for injury to an 
 
 emergency assistant. 40 L.R.A. (N.S.) 
 
 1180.
 
 880 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, II. f cont'd 
 Liability of master for injuries to servant 
 
 while' riding on a pass. 50 L.R.A. 
 
 (N.S.) 706. 
 
 g. Wages; compensation. 
 
 24. Generally. 
 
 Right to recover wages for contract period 
 subsequent to discharge, see infra, 
 43a. 
 
 Garnishment of, see GARNISHMENT, lOa. 
 
 Lien of laborers for, see MECHANICS' LIENS. 
 
 Priority of claim for, see PRIORITY, 2. 
 
 Of seamen, see SEAMEN, 2. 
 
 Payment of wages as test of existence of re- 
 
 lation of master and servant. 37 
 
 L.R.A. 38. 
 Presumption from continuing in employer's 
 
 service after the expiration of the orig- 
 
 inal term. L.R.A.1918C, 706. 
 Contract which fixes compensation at a cer- 
 
 tain amount per unit of work done as 
 
 entire or severable. 20 L.R.A. (N.S.) 
 
 1069. 
 Language used by owner or other person 
 
 interested in construction of building 
 
 importing a promise to pay an em- 
 
 ployee of contractor as a promise to 
 
 answer for the debt or default of an- 
 
 other. 5 B. R. C. 96. 
 Evidence of value of services or of cus- 
 
 tomary compensation on question as to 
 
 amount agreed upon. L.R.A. 1915C, 
 
 1208. 
 Duty of labor union to notify employer of 
 
 'change of scale. L.R.A.1915E, 1006. 
 Right of master to withhold wages of serv- 
 
 ant for failure to record his time. 45 
 
 L.R.A. (N.S.) 644. 
 Effect of fact that servant is entitled to 
 
 commissions out of fund on his prose- 
 
 cution for embezzlement in case he re- 
 
 tains the whole fund. 13 L.R.A. (N.S.) 
 
 511. 
 Rights of employer in earnings of employee. 
 
 5 L.R.A. (N.S.) 1155. 
 Effect of discharge in bankruptcy on claim 
 
 for services procured by bankrupt's 
 
 fraud. 34 L.R.A. (N.S.) 894. 
 Effect of receipt of wages to mitigate dam- 
 
 ages for personal injury. 67 L.R.A. 
 
 89. 
 Right to recover for household services ren- 
 
 dered while parties were living in illicit 
 
 relations. 29 L.R.A. (N.S.) 787; L.R.A. 
 
 1917B, 683. 
 Admissibility of books of account to prove 
 
 work done by servant. 52 L.R.A. 701. 
 
 25. On part performance of con- 
 tract. 
 
 Measure of damages for master's breach of 
 
 contract, see DAMAGES, 25, 25a. 
 
 
 Right to wages on part performance of con- 
 tract. 24 L.R.A. 231. 
 
 Where full performance is prevented by im- 
 
 prisonment of servant. 
 628. 
 
 L.R.A. lit 17F, 
 
 Jiff/in witJi tills boo/.- on cvet;u law question. 
 
 MASTER AND SERVANT, II. g cont'd 
 
 Recovery for services and expenses under a 
 running contract with a corporation 
 ended by its insolvency and dissolution. 
 69 L.R.A. 124. 
 
 Right to quantum meruit for services ren- 
 dered under parol contract unenforce- 
 able because not to be performed within, 
 a year. L.R.A. 19161), 895. 
 
 Recovery by employee who abandons his 
 contract without cause or justifica- 
 tion. L.R.A.1916E, 790. 
 
 Rights and remedies of employee discharged 
 for cause, where his compensation de- 
 pended in whole or in part upon the 
 amount of business or profits. L.R.A. 
 1915B, 1052. 
 
 26. in event of disability. 
 
 Right to recover for services interrupted by 
 
 sickness or death. 16 L.R.A. 858. 
 Right of servant to compensation in case 
 of incomplete performance of hia 
 contract caused by phvsicaf dis- 
 ability. 28 L.R.A.(N.S.) 315. 
 Employer's agreement to pay employee dur- 
 ing disability, or his contribution to- 
 insurance, as affecting, or affected liy, 
 recovery against him for personal in- 
 jury. L.R.A.1917B, 1160. 
 
 27. For extra work. 
 
 Right to extra compensation in excess of 
 time limited by statute. 65 L.R.A. 46. 
 
 Lmder what circumstances is a servant en- 
 titled to recover remuneration for 
 extra work. 30 L.R.A. (N.S.) 652. 
 
 28. Assignment of. 
 
 Validity of assignment of wages or salary 
 to be earned. 5 L.R.A. (N.S.) 565. 
 
 Constitutionality of statute restricting right 
 to assign salary or wages. 28 L.R.A. 
 (N.S.) 1108; 43 L.R.A. (N.S.) 746. 
 
 Effect of discharge in bankruptcy upon as- 
 signment of wages to be earned in the 
 future under contract terminable at 
 will. 14 L.R.A. (N.S.) 1025 : 30 L.R.A, 
 (N.S.) 375; L.R.A.1916E, 248. 
 
 29. Liability of, for debts. 
 
 Equitable remedy to subject to judgment, 
 future salary. 63 L.R.A. 704. 
 
 Exemption of wages from levy after pay- 
 ment by employer. 18 L.R.A. 586. 
 
 Garnishment of unearned salary. 20 L.R.A. 
 (N.S.) 912. 
 
 Law governing exemption of, from garnish- 
 ment. 67 L.R.A. 222. 
 
 Injunction against repeated garnishment of 
 exempt wages. 10 L.R.A. (N.S.) 983. 
 
 Right to enjoin garnishment of wages be- 
 cause of rule of employer for discharge 
 of employees whose wages are gar- 
 nished. 6*L.R.A.(N.S.) 491. 
 
 30. Statutory or municipal regula- 
 tions. 
 
 Who are laborers within meaning of stat- 
 utes protecting wages. 18 L.R.A. 305.
 
 INDEX TO L.R.A. NOTES. 
 
 881 
 
 MASTER AND SERVANT, II. g cont'd 
 Constitutionality of statute regulating con- 
 tracts as to. 14 L.R.A. 325; 17 L.R.A. 
 
 853; 21 L.R.A. 789. 
 
 Legislative power to regulate rate of com- 
 pensation for personal services. 33 
 
 L.R.A. 182. 
 Validity and effect of statutes requiring 
 
 wages to be paid in lawful money. 28 
 
 L.R.A. 273. 
 Constitutionality of statute restricting right 
 
 to assign salary or wages. 28 L.R.A. 
 
 (N.S.) 1108; 43 L.R.A. (N.S.) 746. 
 Power of legislature to require municipality 
 
 to pension employees. 34 L.R.A. (N.S.) 
 
 608. 
 Power of legislature to compel employer to 
 
 pav employee's poll tax. 9 L.R.A. 
 
 (N.S.) 306. 
 
 Validity of statute, ordinance, or contract 
 
 fixing minimum wage for person 
 
 employed upon public work. 51 
 
 L.R.A. (N.S.) 686. 
 
 Constitutionality of a Minimum Wage Law, 
 
 relal ig to private employment. L.R.A. 
 
 1918F, 547. 
 Right to extra compensation in excess of 
 
 time limited by statute. 65 L.R.A. 46. 
 
 3 1 . as to time of payment. 
 
 Validity and effect of statutes regulating 
 time of payment of wages. 21 L.R.A. 
 797; 28 L.R.A. 344; 15 L.R.A. (N.S.) 
 350; 27 L.R.A. (N.S.) 255; 35 L.R.A. 
 (N.S.) 549; 51 L.R.A. (N.S.) 1097. 
 
 State statutes relating to time of payment 
 of wages as interference with inter- 
 state commerce. 29 L.R.A. (N.E.) 240; 
 52 L.R.A.(N.S.) 268. 
 
 h. Hours of labor. 
 
 32. Generally. 
 
 Servant's duty to obey master's orders as 
 to hours of labor. 24 L.R.A. (N.S.) 
 831. 
 
 What employers are within statute limiting 
 hours of labor. 42 L.R.A. (N.S.) 1031. 
 
 33. Limitation of, by statute or ordi- 
 nance. 
 
 General construction and application of 
 
 statute. 65 L.R.A. 33: L.R.A.1915D, 
 
 408; L.R.A.1917A, 1202. 
 
 Constitutionality of statute. 19 L.R.A. 141; 
 21 L.R.A. 796; 65 L.R.A. 38; 12 
 L.R.A. (N.S.) 1130; 26 L.R.A. 
 (N.S.) 242; 35 L.R.A. (N.S.) (528; 
 40 L.R.A. (N.S.) 893: 51 L.R.A. 
 (N.S.) 361: L.R.A.1915F. 829. 
 
 Limitation of hours of labor on public 
 work. 8 L.R.A. (N.S. ) 131; 24 
 L.R.A. (N.S.) 201; 34 L.R.A. (N.S.) 
 767. 
 
 Restrictions on hours of labor of chil- 
 dren. 17 L.R.A. (N.S.) 602; 24 
 L.R.A.(N.S.) 1121. 
 
 Statute limiting hours of labor by rail- 
 road employees as interference with 
 interstate commerce. 29 L.R.A. 
 (N.S.) 240; 52 L.R.A. (N.S.) 267. 
 Statute or ordinance requiring commercial 
 
 or mercantile establishments to close at 
 
 certain hours. L.R.A.1916A, 654. 
 Consult also L.R.A. Digests of Caw*. 
 
 I MASTER AND SERVANT, II. h cont'd 
 ' Right to extra compensation for labor in 
 
 excess of limited time. 65 L.R.A. 46. 
 Criminal liability for violation of statute. 
 
 65 L.R.A. 50. 
 
 Cruel and unusual punishment for viola- 
 tion of eight-hour law. L.R.A.1915C, 
 570. 
 
 Effect of servant's own violation of statute 
 limiting hours of labor. 45 L.R.A. 
 (N.S.) 378. 
 
 i. Termination of relation; discharge; 
 enticing. 
 
 1. In general. 
 
 34. Generally. 
 
 Contracts for permanent employment, see 
 supra, 5. 
 
 Compensation on termination of contract 
 before limit fixed therebv, see supra, 
 25, 26. 
 
 Rights and remedy in respect to relief de- 
 partment fund upon termination of 
 employment. L.R.A.1916A, 1148. 
 Constitutionality of statute providing for 
 imprisonment for breach of contract of 
 labor. 21 L.R.A.(N.S.) 242. 
 
 85. Duty to continue business. 
 
 Cessation of master's business. 6 L.R.A. 
 
 (N.S.) 808. 
 Sale of master's land or other property. 
 
 6 L.R.A. (N.S.) 810. 
 Rule in the case of agency contrasted. 6 
 
 L.R.A.(N.S.) 810. 
 
 Effect of specific stipulations in regard to 
 discontinuance of the master's busi- 
 ness. 6 L.R.A. (N.S.) 811. 
 Duty to see that the conditions of the serv- 
 ice undergo no material changes. 
 6 L.R.A.(N.S.) 812. 
 
 3(>. Employer's duty to provide em- 
 ployee with work. 
 
 Duty of employer to provide employee with 
 work during the stipulated term. 
 2 B. R. C. 758. 
 
 37. Death of party. 
 
 Termination of contract of employment by 
 the death of one of the parties. 
 23 L.R.A. 712; 5 L.R.A. (N.S.) 
 1002; 21 L.R.A. (N.S.) 914; 39 
 L.R.A. (N.S.) 1187. 
 
 Right to recover for services interrupted 
 by death. 16 L.R.A. 858. 
 
 38. Rescission; dissatisfaction. 
 
 Discharge under contract of employment 
 which requires work to be satisfactory. 
 12 L.R.A. (N.S.) 403; 23 L.R.A.(N.s!) 
 1003; 44 L.R.A. (N.S.) 680; L.R.A. 
 1916F, 890. 
 
 39. Condonation. 
 
 Condonation of servant's breach of duty. 
 
 8 L.R.A. (N.S.) 1004. 
 Of breach of contract of employment. 6 
 
 L.R.A.(N.S.) 77. 
 56
 
 882 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, II. i, 1 cont'd 
 2. Discharge. 
 
 40. Generally. 
 
 Liability for inducing, see CASE, 4. 
 Measure of damages for wrongful discharge, 
 see DAMAGES, 25a. 
 
 Constitutionality of statutes restricting 
 right of employer to discharge em- 
 ployee. L.R.A.1917B, 1122. 
 
 Necessity of, and time for, acceptance of 
 resignation by employee of a private 
 employer. L.R.A.1915D, 477. 
 
 Right to discharge employee where contract 
 of hiring specifies no term, but fixes 
 compensation at a certain amount per 
 day, week, month or year. 51 L.R.A. 
 (N.S.) 629. 
 
 Right to discharge attorney employed for 
 contingent fee. 38 L.R.A. (N.S.) 389. 
 
 Is servant bound by restrictive provision 
 against conducting rival business, 
 where he is wrongfully discharged. 
 1 B. R. C. 502. 
 
 Servant's right to compensation in case of 
 incomplete performance of his contract 
 or dismissal by master because of 
 physical disabil'ity. 28 L.R.A. (N.S.) 
 818. 
 
 Jurisdiction and powers of consul with re- 
 spect to discharge of seamen abroad. 
 45 L.R.A. 493. 
 
 41. Grounds for discharge. 
 
 Rights and remedies of servant discharged 
 for good cause, see infra, 45. 
 
 Grounds or justification for discharge of 
 one employed in executive or supervis- 
 ory capacity- L.R.A.1918C, 1030. 
 
 Under contract of employment which re- 
 quires work to be satisfactory. 12 
 L.R.A. (N.S.) 403; 23 L.R.A.'(N.S.) 
 1003; 44 L.R.A. (N.S.) 680 ; L.R.A. 
 1916F, 890. 
 
 Justification for discharge of servant. 6 
 L.R.A.(N.S.) 76. 
 
 Breach of duty by servant as good cause 
 for his 'discharge. 5 L.R.A. (N.S.) 
 1176. 
 
 Interest in or connection with other busi- 
 ness as. 34 L.R.A.(N.S.) 1217. 
 
 Disobedience of regulations as. 37 L.R.A. 
 (N.S.) 950. 
 
 Intoxication as justification for discharge. 
 38 L.R.A. (N.S.) 339. 
 
 Justification for discharge as affecting serv- 
 ant's right to recover wages for subse- 
 quent period. 5 L.R.A. (N.S.) 456. 
 
 42. Remedy for wrongful discharge. 
 
 Remedy for wrongful discharge. 5 L.R.A. 
 
 760;* 24 L.R.A. 231. 
 Right to service reward or bonus, of servant 
 
 discharged without cause before 
 
 stipulate^' term of service. 44 L.R.A. 
 
 (N.S.) 1214. 
 
 43. action for damages. 
 
 Measure of damages for wrongful discharge, 
 see DAMAGES, 25a. 
 
 Begin with this boofc on every law question. 
 
 MASTER AND SERVANT, II. i, 2 cont'd 
 Remedy of wrongfully discharged servant 
 by action for damages for breach 
 of contract. 6 L.R.A.(N.S.) 50. 
 
 43a. future wages. 
 
 Right of wrongfully discharged servant to 
 recover wages for contract period 
 subsequent to discharge. 5 L.R.A. 
 (N.S.) 439; 28 L.R.A. (N.S.) 577. 
 
 44. with respect to services ac- 
 tually rendered. 
 
 Remedy of wrongfully discharged servant 
 with respect to services actually 
 rendered. 5 L.R.A. (N.S.) 579. 
 
 45. Rights and remedies of servant 
 discharged for good cause. 
 
 Early rule as to entire contracts. 5 L.R.A. 
 
 "(N.S.) 524. 
 Exception in case of divisible contracts. 5 
 
 L.R.A. (N.S.) 525. 
 The modern or American doctrine. 5 L.R.A. 
 
 (N.S.) 527. 
 Rights with reference to contract period 
 
 after discharge. 5 L.R.A. (N.S.) 53 J. 
 Where compensation depended in whole or 
 
 in part upon the amount of business 
 
 or profits. L.R.A.1915B, 1052. 
 
 46. Duty to recommend or give 
 clearance card to discharged em- 
 ployee. 
 
 Duty to give character. 62 L.R.A. 922. 
 
 Dutv to give clearance card. 62 L.R.A. 
 925. 
 
 Constitutionality of statute requiring the 
 employer to furnish discharged em- 
 ployee with a statement of the cause 
 of his discharge. L.R.A.1917B, H15. 
 
 3. Enticing; procuring discharge. 
 
 47. Generally. 
 
 Inducing discharge of servant, see CASE, 
 4. 
 
 Enticing servant to quit, see CASE, 5. 
 
 As to labor organization generally, see CON- 
 SPIRACY, 4-8; LABOR ORGANIZATION. 
 
 Conspiracy of laborers, see CONSPIRACY, 
 5-7. 
 
 As to strikes, see CONSPIRACY, 6. 
 
 Enticement from parent, sae PARENT AND 
 CHILD, 11. 
 
 Election of remedy for enticing, see ELEC- 
 TION OF REMEPIKS, 9. 
 
 III. Duty and liability of master to 
 servant. 
 
 a. Nature and extent of master's duty. 
 1. In general. 
 
 48. Generally. 
 
 Master's liability for acts of fellow serv- 
 ants, see infra, 138, 155-162a. 
 
 Delegation of master's duty to fellow serv- 
 ant, see infra, 163-169. 
 
 Liability for injury by animals, see ANI- 
 MALS, 15.
 
 INDEX TO L.R.A. NOTES. 
 
 883 
 
 MASTER AND SERVANT, III. a, 1 cont'd 
 
 Liability for injury on bridge, see BRIDGES, 
 6. 
 
 Liability for injury by electricity, see ELEC- 
 TRICITY, 15. 
 
 Liability for injury by elevator, see ELEVA- 
 TORS, 7. 
 
 Liability for injury to servant in factory, 
 SCL- FACTORIES, 2. 
 
 Liability for injury by falling object, see 
 FALLING OBJECTS, 3. 
 
 Liability for injury to servant by horse, 
 see HORSES, 13. 
 
 To servants in mine, see MINES, 40, 41. 
 
 Municipal liability for injuries to em- 
 ployees, see MUNICIPAL CORPORATIONS, 
 80. 
 
 Liability for injury to seamen, see SEAMEN, 
 3'. 
 
 Presumption and burden of proof as to 
 master's negligence, see EVIDENCE, 
 77, 78. 
 
 Evidence generally as to master's negligence, 
 see EVIDENCE, 268. 
 
 Insurance against employer's liability, see 
 INSURANCE, 212-217. 
 
 Proximate cause of injury to servant, see 
 PROXIMATE CAUSE, 15, 16. 
 
 Duty and liability of vessels and their own- 
 ers as to employees, see SHIPPING, 
 10-lla. 
 
 Question for jury as to, see TRIAL, 40. 
 
 Instructions as to master's negligence, see 
 TRIAL, 65. 
 
 Violation of Sundav law as a defense. 2 
 L.H.A. o21 ;* 9 "L.R.A. 321 ;* 36 L.R.A. 
 (N.S.) 547. 
 
 Liability of township for injury to em- 
 ployee engaged in repairing highway. 
 41 L.R.A. (N.S.) 1074. 
 
 Liability of school corporation for injury 
 to employee. 49 L.R.A.(N.S.) 1026. 
 
 Personal liability of corporate officers for 
 injury to employee. 28 L.R.A. 427. 
 
 Statutes to secure health and safety of em- 
 ployees. 25 L.R.A. 759, 848; 32 L.R.A. 
 853*. 
 
 Continuance of master's liability for injury 
 to servant after transfer of business. 
 45 L.R.A. (N.S.) 200. 
 
 Duty of master, in absence of statute, to 
 furnish place for eating lunches. 44 
 L.R.A. (N.S.) 1102. 
 
 Automobile owner's liability for injury to 
 servant. 46 L.R.A. (N.S.) 1183; L.R.A. 
 1918E, 416. 
 
 Duty toward employee on track, to main- 
 tain lookout on railroad train. 25 
 L.R.A. 290. 
 
 Duty to relieve servant who, without mas- 
 ter's fault, has been caught in a dan- 
 gerous situation. 7 L.R.A. (N.S.) 940. 
 
 Overwork of servant as affecting master's 
 liability for injury to him. 13 L.R.A. 
 (N.S.)'l214; 45 L.R.A.(N.S.) 372. 
 
 Liability of master for injuries to servant 
 from fumes arising from materials 
 handled by him. 35 L.R.A. (N.S.) 679. 
 
 Liability of master for the intentional kill- 
 ing or injury of a servant bv a third 
 person. L.R.A.1917F. 753. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, III. a, 1 ont'd 
 
 Ordinances affecting operation of railroads 
 as intended for benefit of employees. 
 5 L.R.A.(N.S.) 207. 
 
 Injured employee's right to reach fund un- 
 der employer's liability policy. 7 L.R.A. 
 (N.S.) 958; 48 L.R.A. (N.S.) 191. 
 
 Sufficiency of general allegations of mas- 
 ter's negligence. 59 L.R.A. 252. 
 
 Pleading particular cause of injury as 
 waiver of right to rely on res ipsn 
 loquitur. 24 L.R.A. (N.S.) 788; L.R.A. 
 1915F, 992. 
 
 Applicability of maxim, Res ipsa loquitur, 
 as between master and servant. 6 
 L.R.A.(N.S.) 337; 16 L.R.A. (N.S.) 214; 
 L.R.A.1917E, 4, 212, 226, 239, 248. 
 
 Right of employer who had been held liable 
 for tort upon servant or contractor, to 
 recover from actual wrongdoer. 40 
 L.R.A.(N.S.) 1156. 
 
 Evidence as to condition prior and subse- 
 quent to accident. 32 L.R.A. (N.S.) 
 1085. 
 
 Federal courts following state decisions as 
 to relative rights and duties of. 40 
 L.R.A. (N.S.) 438. 
 
 Jurisdiction of admiralty over suit against 
 employer for injury to stevedore. 51 
 L.R.A. (N.S.) 1161. 
 
 Liability of master for injury to servant, 
 other than minor, 'due primarily to his 
 physical unfitness for the work. L.R.A. 
 1915E, 369. 
 
 49. Concurrent negligence of third 
 person. 
 
 Concurrent negligence of fellow servant, 
 see infra, 133, 134. 
 
 In case of contributing agencies. 4 L.R.A. 
 851;* 16 L.R.A. 819. 
 
 Rule when dangerous condition is due to 
 act of stranger. 41 L.R.A. 54. 
 
 Joint liability of master and person in- 
 stalling machine to employee injured 
 during installation. 30 L.R.A. (N.S.) 
 734. 
 
 50. Injury to minor servant. 
 
 Liability for violation of statute as to, see 
 infra, 55. 
 
 Duty to warn or instruct minor servant, 
 'see infra, 76-78. 
 
 Assumption of risk by minor employee, see 
 infra, 122. 
 
 Contributory negligence of minor employee, 
 see infra, 124. 
 
 Proximate cause of injury to minor em- 
 ployee, see PROXIMATE CAUSE, 16. 
 
 Application to minors of Workmen's Com- 
 pensation Act. L.R.A.1917D, 90; L.R.A. 
 1918F, 209. 
 
 Duty of master to furnish medical aid to. 
 "28 L.R.A. 555. 
 
 Minority of servant as evidence of negli- 
 gence of master in employing him. 48 
 L.R.A. 380. 
 
 Liability to minor volunteer. 22 L.R.A. 
 664; 43 L.R.A. (N.S.) 187. 
 
 Liability of master for injury to minor by 
 explosion of bottle which he is re- 
 quired to handle. 35 L.R.A. (N.S.) 239.
 
 884 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, III. a, 1 cont'd 
 Presumption and burden of proof as to 
 capacity of mino'r servant to compre- 
 hend and avoid danger. 29 L.R.A. (N.S.) 
 487. 
 
 "May incompetence of minor to perform 
 duties of particular employment be in- 
 ferred from his minority alone. 20 
 L.R.A.(N.S.) 331. 
 
 Master's liability for injury to minor serv- 
 ant who secures employment by mis- 
 representing his age. 20 L.R.A. (N.S. ) 
 500: 25 L.R.A.(N.S.) 708; 42 L.R.A. 
 (N.S.) 624; L.R.A.1915F, 1082. 
 
 51. parent's right of recovery. 
 
 Right of parent to recover for injury to 
 minor servant employed without 
 his consent. 30 L.R.A. (N.S.) 311. 
 
 Right of parent to recover from employer 
 for personal injury to emancipated 
 child. L.R.A.1918B," 408. 
 
 Rights of parent under workmen's compen- 
 sation act where minor employee is in- 
 jured. L.R.A.1916A, 224; L.R.A.1917D, 
 90. 
 
 8 52. As affected by contract. 
 
 Employer's agreement to pay employee dur- 
 ing disability, or his contribution to 
 insurance, as affecting or affected by 
 recovery against him for personal in- 
 juries. L.R.A.1917B, 1160. 
 
 Effect of contract exempting from liabili- 
 ty to servants of other party. 4(5 L.R.A. 
 54. 
 
 Validity of contract exonerating master in 
 advance from liability for negligent in- 
 jxiries to servant. 7 L.R.A. (N.S.) 537. 
 
 Validity of stipulation in employee's pass 
 limiting carrier's liability. 3" L.R.A. 
 (N.S.) 250. 
 
 Effect of character of, or stipulations in, 
 contract on master's duty to furnish 
 medical aid to servant. 28 L.R.A. 553; 
 4 L.R.A. (N.S.) 55; L.R.A.1915C, 792. 
 
 Effect of Federal employers' liability act 
 pn validity of contract* exempting 
 master from liability. 47 L.R.A. (N.S.) 
 50; L.R.A.1915C, 53. 
 
 Validity under the Federal employers' lia- 
 bility act of contract requiring notice 
 in writing. L.R.A. 1915F, 551. 
 
 Right to contract out of Workmen's Com- 
 pensation Act, L.R.A. 1917D, 95. 
 
 53. as to option to accept benefits 
 from relief fund. 
 
 Validity of provision in contract of rail- 
 road relief department for forfeiture 
 of benefits in case of suit against com- 
 pany for damages. 10 L.R.A. (N.S.) 
 198. 
 
 Contracts requiring servant to elect be- 
 tween acceptance of benefits out of 
 a relief fund and a prosecution of 
 his claims, in an action for dam- 
 ages. 11 L.R.A (N.S.) 182; 48 
 L.R.A. (N.S.) 440. 
 
 MASTER AND SERVANT, III. a, 1 cont'd 
 Validity under Federal employers' liability 
 act of stipulations as to effect of ac- 
 ceptance of benefits for injury or death 
 under contract of membership in rail- 
 way relief department. 47 L.R.A. 
 (N.S.) 50; L.R.A.1915C, 53. 
 Constitutionality of statute forbidding the 
 avoidance of liability to employee or 
 reduction of his damages by relief or 
 . indemnity contract. 33 L.R.A. (N.S. ) 
 706; 38 L.R.A. (N.S.) 867. 
 
 54. Violation of statute. 
 
 Servant's assumption of risk of master's 
 breach of statutory duty. 6 L.R.A. 
 (N.S.) 981: 19 L.R.A. (N.S.) 640; 22 
 L.R.A. (N.S.) 634; 33 L.R.A. (N.S.) 
 647; 49 L.R.A. (N.S.) 471. 
 Employee's right of action for employer's, 
 violation of statute not expressly 
 conferring right. 9 L.R.A. (N.S. ) 
 376; L.R.A.1915E, 500. 
 
 Effect of violation of hours of service law 
 on liability for personal injuries. 
 L.R.A. 19151), 424. 
 
 Contributory negligence as a defense to an 
 action based on the breach of the 
 master's statutory duty. 49 L.R.A. 
 (N.S.) 526. 
 
 Where statute excludes defense of as- 
 sumed risk. 13 L.R.A. (N.S.) 1152. 
 Liability of master for injury to servant 
 caused by elevators uninclosed as re- 
 ouired by statute or ordinance. 15 
 L.R.A. (N.S.) 784. 
 
 Liability of street railway company to em- 
 ployees for failure to perform statutory 
 duty to provide vestibules on cars. 30 
 L.R.A.(N.S.) 428. 
 
 55. toward minor employees. 
 
 Constitutional ity of child labor laws, see 
 supra, 12. 
 
 Proximate cause of injury to minor serv- 
 ant, see PROXIMATE CAUSE, 16. 
 
 Applicability of Workmen's Compensation 
 Statutes to minors employed in viola- 
 tion of law. L.R.A.1918F, 209. 
 
 Private action for employer's violation of 
 child labor laws. 9 L.R.A. (N.S.) 381: 
 L.R.A.1915E, 554. 
 
 Employment in violation of statute as sus- 
 taining child's action for negli- 
 gence. 7 L.R.A. (N.S.) 335; 1 B. 
 R. C. 629; 48 L.R.A. (N.S.) 656. 
 
 Liability of master for injury to minor 
 servant who procures employment by 
 misrepresenting his age. 15 L.R.A. 
 (N.S.) 443; 20 L.R.A. (N.S.) 500: 25 
 L.R.A. (N.S.) 708; L.R.A.1915F, 1082. 
 
 May one employing child under statutory 
 age rely on contributory negligence or 
 assumption of risk, to defeat liability 
 for personal injuries sustained by lat- 
 ter. 12 L.R.A.' (N.S.) 401; 20 L.R.A. 
 (N.S.) 876; 48 L.R.A.(N.S.) 667. 
 
 Does the fact that a minor was working in 
 violation of a statute forbidding his 
 employment prevent a recovery by him 
 for personal injuries. 48 L.R.A. (N.S.) 
 675. 
 
 Begin with tin's /><>/> on every Ian- question. 

 
 TMJKX TO L.R.A. NOTES. 
 
 88.1 
 
 MASTER AND SERVANT, III. a, 1 cont'd 
 56. Employers' liability acts. 
 
 Safety appliance act, see infra, 96. 
 
 Knowledge as element of master's liability 
 
 under. 41 L.R.A. 143. 
 
 What constitutes a defect in the "ways" of 
 a railroad company within. 19 L.R.A. 
 (N.S.) 738. 
 
 Effect of, on master's duty to furnish safe 
 appliances when prepared l>y fellow 
 servants. 4 L.R.A. (N.S.) 229. 
 Effect of. on common-law action. 12 L.R.A. 
 
 (N.S.) 1038. 
 
 Constitutionality, application, and effect of 
 Federal Employers' Liability Act. 
 47 L.R.A.(N.SV) 38; 48 L.R.A. 
 (N.S.) 987; L.R.A.1915C, 47. 
 Track repairing and work in connection 
 therewith as furthering interstate 
 commerce within the Federal Em- 
 plovers' Liability Act. 47 L.R.A. 
 (N.S.) 55: L.R.A.1915C, 62; L.R.A. 
 191SE, 859. 
 
 Scaffolding, ladders, etc. as ways, 
 works, etc. within moaning of 
 employers' liability acts. L.R.A. 
 1915F, 1036. 
 
 Applicability to injuries within admir- 
 alty jurisdiction. L.R.A. 1918C, 
 475. 
 
 Applicability of Federal Employers' Liabil- 
 ity Act or state employers' liability 
 acts to injuries to railroad employees 
 while engaged in handling interstate 
 mail. L.R.A.1918D, 426. 
 Power of state court to enforce right under 
 Federal employers' liability act. 40 
 L.R.A. (N.S.) 684 j L.R.A.1918E, 917. 
 Validity under the federal employers' lia- 
 bility act of contract requiring notice 
 in writing. L.R.A.1915F, 551. 
 Limitation of application of workmen's 
 compensation statute by Federal em- 
 ployers' liability act. L.R.A. 191 6 A, 
 46f; L.R.A.1917D, 85; L.R.A.1918C, 
 450; L.R.A.1918D, 426. 
 
 Duty under Employers' Liability Acts of 
 owner to servants of contractor, or of 
 principal contractor to servants of sub- 
 contractor, as to condition of place or 
 appliance. L.R.A.1917D, 991. 
 Burden of proving contributory negligence 
 
 under. 33 L.R.A. (N.S.) 1218. 
 Injured employee's right to reach fund 
 
 under. 7 L.R.A. (N.S.) 958. 
 Who may raise question that employers' 
 liability law involves unconstitutional 
 discrimination. 32 L.R.A. (N.S.) 958. 
 Retroactive effect of statutes relative to 
 employers' liability for injuries to 
 servants. 44 L.R.A'. (N.S.) 841. 
 
 57. notice of injury required by. 
 
 Sufficiency of notice of injury under. 21 
 
 L.R.A.(N.S.) 233. 
 Service by mail of notice required by. 28 
 
 L.R.A.(N.S.) 238. 
 
 57a. Workmen's compensation acts. 
 
 See WORKMEN'S COMPENSATION. 
 
 58. As to medical assistance. 
 
 Authority of servant to employ for injured 
 
 servant, see supra, 18a. 
 Consult ot.s'o L.R.A, Digest* of discs. 
 
 MASTER AND SERVANT, III. a, 1 coiit'd 
 
 Duty to furnish medical aid to servant. 28 
 L.R.A. 546; 4 L.R.A. (N.S.) 49; L.R.A. 
 1915C, 789. 
 
 Nondelegability of duty to furnish proper 
 medical treatment to sick or injured 
 servants. 54 L.R.A. 83. 
 
 Right of servant to recover for master's 
 delay in taking him to hospital. 7 
 L.R.A.(N.S.) 997. 
 
 Duty and obligation of vessel on inland 
 lake or river in respect of sick or in- 
 jured member of crew. 35 L.R.A. 
 (N.S.) 199. 
 
 59. Liability for negligence of 
 physician employed. 
 
 Authority of employee to employ physician, 
 see supra, 18, 18a. 
 
 Liability of master contracting to provide 
 medical or surgical attendance for ser- 
 vant. L.R.A. 1915D, 884. 
 
 Master's liability for medical attendance en- 
 gaged by employee who, by contract of 
 employment, was entitled to such at- 
 tendance. 37 L.R.A. (N.S.) 757. 
 
 Master's liability for negligence of prac- 
 titioner employed to attend servant. 28 
 L.R.A. 548; '4 L.R.A. (N.S.) 66; 40 
 L.R.A. (N.S.) 486. 
 
 Liability for negligence of attendants fur- 
 nished by relief department toward 
 which employees contribute. 17 L.R.A. 
 (N.S.) 1167: 30 L.R.A. (N.S.) 1207; 
 48 L.R.A.(N.S.) 531 
 
 60. Liability for services of physi- 
 cian. 
 
 Power of employers to defray the medical 
 expenses of their injured servants. 4 
 L.R.A. (N.S.) 57; L.R.A.1915C, 793. 
 
 Liability of master for services of physician 
 whom he summons to care for employee. 
 18 L.R.A.(N.S.) 174. 
 
 61. Injury while servant not at 
 work. 
 
 Injury to servant on master's premises be- 
 fore, after, or between hours of work. 
 12 L.R.A. (N.S.) 853; 23 L.R.A. (N.S.) 
 954. 
 
 Effect upon master's liability for breach of 
 statutory duty of fact that employee 
 was resting at the time of injury. *22 
 L.R.A. (N.S.) 309; 49 L.R.A. (N.S.') 162. 
 
 Liability of master for injury to servant 
 who had left his working place and 
 gone to another portion of the plant 
 for his own purposes. 12 L.R.A. (N.S.) 
 861; 23 L.R.A.(N.S.) 960; L.R.A. 
 1916F, 1227. 
 
 Measure of duty owing to servants with re- 
 spect to elevators which they are re- 
 quired or permitted to use for personal 
 transportation. 18 L.R.A.(N.S.) 911. 
 
 Liability of master for injuries to servant 
 while riding on a pass. 50 L.R.A. 
 (N.S.) 706. 
 
 Employee of railroad or street railway as 
 a passenger while being carried to or 
 from work. 31 L.R.A. 321; 12 L.R.A. 
 (N.S.) 853: 19 L.R.A. (N.S.) 717; 23 
 L.R.A. (N.S.) 954.
 
 886 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, III. a, 1 cont'd MASTER AND SERVANT, III. a confd 
 
 6 la. Overwork of servant. 
 
 Overwork of servant as affecting master's 
 liability for injury to him or another 
 servant. 13 L.R.A.(N.S.) 1214; 45 
 L.R.A.(N.S.) 372. 
 
 62. Duty to protect servant whose 
 work requires exposure to cold. 
 
 In general. 70 L.R.A. 924. 
 When master has agreed to furnish protec- 
 tion. 70 L.R.A. 926. 
 Care after injury. 70 L.R.A. 926. 
 
 63. Explosions. 
 
 Applicability of res ipsa loquitur in case of 
 injury to servant by explosion. L.R.A. 
 1917E, 187. 
 
 Liability of master for injuries caused by 
 unexploded charge left after a blast. 
 48 L.R.A.(N.S.) 03 J. 
 
 Liability for fellow servant's negligence 
 causing. 29 L.R.A. 358. 
 
 Negligence of co-servant in failing to pre- 
 vent explosion. 54 L.R.A. 132. 
 
 Master's nonliability for co-servant's neg- 
 ligence as to inspection incidental to 
 details of blasting work. 54 L.R.A. 161. 
 
 Nondelegability of duty to guard against 
 dangers from explosive substances. 54 
 L.R.A. 69, 77. 
 
 Delegability of master's duty to warn serv- 
 ants as to dangers from blasting. 26 
 L.R.A. (N.S.) 640. 
 
 Liability of master for injury to minor by 
 explosion of bottle which he is required 
 to handle. 35 L.R.A. (N.S.) 239. 
 
 Injuries to servant by the explosion of mol- 
 ten metal with which he is at work. 
 27 L.R.A. (N.S.) 953. 
 
 Liability of master for injuries due to the 
 explosion of dynamite bv lighting. 28 
 L.R.A.(N.S.) 1260. 
 
 Liability for injury to employee from ex- 
 plosion of chemicals. L.R.A.1918B, 
 863. 
 
 Injury to railroad employee by torpedoes on 
 track. 16 L.R.A. (N'.S.) 1084. 
 
 64. Notice of injury. 
 
 Under employers' liability acts, see supra, 
 57. 
 
 Under workmen's compensation acts. L.R.A. 
 1916A, 83, 244; L.R.A.1917D, 135. 
 
 Validity under the Federal employers' lia- 
 bilitv act of contract requiring notice 
 in writing. L.R.A.1915F, 551. 
 
 Constitutionality of requirement of notice 
 of injuries as condition of liability for 
 injury to servant. 15 L.R.A.(N.S.) 203. 
 
 Applicability of rule requiring notice of in- 
 juries as condition of municipal liabili- 
 ty for personal injuries on street or 
 highway in case of injurv to municipal 
 employee. 28 L.R.A. (N*S.) 533. 
 
 2. Knowledge as element of employ- 
 er's liability. 
 
 65. Generally. 
 
 Master's duty as to inspection of elevators 
 furnished servant, see infra, 101. 
 
 Generally. 41 L.R.A. 33. 
 
 Actual knowledge. 41 L.R.A. 39. 
 
 Constructive knowledge. 41 L.R.A. 43. 
 
 Rule when the dangerous condition is due 
 to the act of a stranger or of a fellow 
 servant, or to the operation of some ab- 
 normal physical force. 41 L.R.A. 54. 
 
 Imputed knowledge of probable future 
 events. 41 L.R.A. 55. 
 
 Duties of a master after learning of a dan- 
 ger to which his servant is exposed. 
 41 L.R.A. 137. 
 
 Knowledge as an element of liabilitv under 
 statute. 41 L.R.A. 143. 
 
 Pleading. 41 L.R.A. 145. 
 
 Burden of proof; opinions as evidence. 41 
 L.R.A. 149. 
 
 Instructions. 41 L.R.A. 153. 
 
 66. As to places and appliances. 
 
 Liability of automobile owner for injury to 
 servant from defects therein. L.R.A. 
 191 8E, 416. 
 
 Master's constructive knowledge as to con- 
 dition of, as element of liability. 41 
 L.R.A. 45, 50. 
 
 Circumstances charging an employer with 
 knowledge of the condition of his 
 instrumentalities. 41 L.R.A. 61. 
 
 Master's duty after learning of danger to 
 which servant is exposed through de- 
 fects in place of work, machinery, or 
 appliances. 41 L.R.A. 139. 
 
 Applicability to latent defects of rule im- 
 puting to master notice of defects in 
 original construction. 17 L.R.A. (N.S. * 
 104. 
 
 Definiteness of complaint to employer to 
 charge him with notice of defect which 
 caused injury. 2 L.R.A. (N.S.) 469. 
 
 67. As to fellow servants. 
 
 Master's constructive knowledge as to capac- 
 ity of servants as element of liability 
 to injured servant. 41 L.R.A. 46, 53. 
 Employer's duty to know the character and 
 capacity of his servants. 41 L.R.A. 
 90. 
 
 Master's duty after learning of incompeten- 
 cy of fellow servants. " 41 L.R.A. 141. 
 
 68. Whose knowledge is imputed to 
 employer. 
 
 Whose knowledge is imputed to the employ- 
 er. 41 L.R.A. 132. 
 
 3. Scope of employment; direct com- 
 mand. 
 
 69. Injuries in performance of 
 duties outside scope of original 
 employment. 
 
 Generally. 48 L.R.A. 796. 
 
 No recovery where servant undertakes new 
 functions ex proprio motu and with- 
 out master's acquiescence. 48 L.R.A. 
 797. 
 
 Begin \vith this ftoofc on every laic question.
 
 INDEX TO L.R.A. NOTES. 
 
 887 
 
 MASTER AND SERVANT, III. a, 3 cont'd 
 
 When negligence is predicated of a com- 
 mand to do work outside the scope of 
 the original contract. 48 L.R.A. 798. 
 
 Risks of work outside scope of employment, 
 when deemed to be assumed. 48 L.R.A. 
 803. 
 
 Doctrine of common employment qualified 
 as regards servants working outside 
 tlie scope of their employment. 48 
 L.R.A. 805. 
 
 Contributory negligence as a defense. 48 
 L.R.A. 806. 
 
 Absence of compulsion, an essential ele- 
 ment of assumption of risks and 
 contributory negligence. 48 L.R.A. 
 808. 
 
 70. Injuries received in obeying a 
 direct command. 
 
 Servant's duty to obey master's orders, see 
 supra, 4. 
 
 Assumption of risk by servant obeying or- 
 ders, see infra, 117. 
 
 Contributory negligence of servant obeying 
 command, see infra, 126, 127. 
 
 Servants' right of action for injuries re- 
 ceived in obeying a direct com- 
 ' mand. 48 L.R.A. 753. 
 Where command is accompanied by as- 
 surance of safety. 48 L.R.A. 542; 
 30 L.R.A. (N.S.) 453. 
 Effect of command in general. 30 L.R.A. 
 
 (N.S.) 437. 
 
 Duty to use care in giving orders as non- 
 assignable duty of master. 51 L.R.A. 
 543. 
 
 Issuance of orders by superior servant as 
 an official act. 51 L.R.A. 590. 
 
 4. As to rules and regulations for con- 
 duct of business. 
 
 71. Generally. 
 
 Disobedience of master's rules as contribu- 
 tory negligence, see infra, 125. 
 Delegation of duties as to, see infra, 164. 
 
 General principles. 43 L.R.A. 306. 
 
 Duty of master to adopt rules to protect 
 servant, or to warn him, against dan- 
 gers not reasonably to be apprehended. 
 21 L.R.A.(N.S.) 89. 
 
 Duty of master to make rules where work 
 is of simple character. 46 L.R.A. 
 (N.S.) 233. 
 
 Limits of the duty to promulgate rules. 43 
 L.R.A. 309. 
 
 Habitual practice of employees, how far a 
 legal substitute for a rule. 43 L.R.A. 
 316. 
 
 The master's duty to promulgate his rules. 
 43 L.R.A. 318. 
 
 The master's duty to enforce his rules. 43 
 L.R.A. 319. 
 
 No recovery by servant unless omission to 
 promulgate rules was proximate cause 
 of the injury. 43 L.R.A. 320. 
 
 Construction and meaning of rules. 43 
 L.R.A. 322. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, III. a, 4 cont'd 
 
 Relation between the doctrine of common 
 employment and the duty of a mas- 
 ter to promulgate rules. 43 L.R.A. 
 342. 
 
 Responsibility of master for rules or general 
 orders promulgated by servant. 10 
 L.R.A. (N.S.) 772. 
 
 Failure to reduce to writing orders govern- 
 ing the running of trains or cars. 19 
 L.R.A.(N.S.) 239. 
 
 Negligence of fellow servant concurring 
 with master's failure to establish or 
 enforce proper rules or regulations for 
 conduct of business. 4 L.R.A. (N.S.) 
 516. 
 
 Superintending employee's violation of rules 
 promulgated by master as negligence 
 for which master is liable. 58 L.R.A. 
 47. 
 
 Right of third person to complain of regu- 
 lations concerning conduct of employ- 
 ees, etc., by which he is injuriously af- 
 fected. 51 L.R.A. (N.S.) 17. 
 
 5. Duty to warn or instruct servant. 
 (a) In general. 
 
 72. Generally. 
 
 Delegation of duty as to, see infra, 165. 
 
 Generally. 44 L.R.A. 33. 
 
 Conflict of laws as to. 56 L.R.A. 222. 
 
 Duty to protect or warn against clangers not 
 seasonably to be apprehended. 21 
 L.R.A. (N.S.) 89. 
 
 Duty of master as to instructing and warn- 
 ing servant unable to understand Eng- 
 lish. 23 L.R.A. (N.S.) 296. 
 
 Misunderstanding order. 4 L.R.A. (N.S.) 
 407. 
 
 Of danger of electricity. 32 L.R.A. 352. 
 
 Duty to instruct servant as to danger in 
 felling trees. 2 L.R.A. (N.S.) 840. 
 
 Duty to give warning where trees are being 
 felled. 46 L.R.A. (N.S.) 86. 
 
 Duty to warn servant engaged in blasting 
 of dangers therefrom. 19 L.R.A. (N.S.) 
 997. 
 
 Master's duty to warn of danger from ex- 
 plosion of molten metal with which 
 servant is at work. 27 L.R.A. (N.S.) 
 953. 
 
 Duty of master to warn servant of danger 
 from automatic movements of body. 
 44 L.R.A.(N.S.) 779. 
 
 Duty to warn servant in respect to vicious- 
 ness of animals. 3 L.R.A. (N.S.) 209; 
 L.R.A.1915B, 435. 
 
 Duty to warn trainmen as to location of 
 cars seen ahead on spurs near track. 
 47 L.R.A. (N.S.) 327. 
 
 Master's duty to warn trainmen of danger 
 from overhead structures. 47 L.R.A. 
 (N.S.) 486. 
 
 Duty of railroad company to warn watch- 
 man or flagman of danger from pass- 
 ing trains. 48 L.R.A. (N.S.) 150. 
 
 Right of employee to rely on statute re- 
 quiring signal to be given by train ap- 
 proaching crossing. 40 L.R.A. (N.S. ) 
 1105.
 
 888 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, III. a, 5 (a) 
 cont'd 
 
 Master's duty to warn and instruct em- 
 ployee's assistant. 43 L.R.A.(N.S.) 
 185. 
 
 Liability of master for the intentional kill- 
 ing or injury of servant by third per- 
 son where, with knowledge of the dan- 
 ger, he fails to warn the servant. 
 L.R.A.1917F, 753. 
 
 73. As affected by servant's knowl- 
 edge or experience. 
 
 Actual knowledge of servant, existence of 
 duty to instruct negatived by. 44 
 LJLA. 40. 
 
 Constructive knowledge of servant as bear- 
 ing upon the duty of the master 
 to instruct him. '44 L.R.A. 42. 
 Experience of servant as a special factor 
 bearing upon the master's duty of 
 instruction. 44 L.R.A. 57. 
 
 74. Duty to warn against transitory 
 and sporadic dangers. 
 
 Cases involving customary methods of do- 
 ing business and departures from such 
 methods. 44 L.R.A. 77 
 
 Perils due to transitory changes in the con- 
 dition of the place of work. 44 L.R.A. 
 79. 
 
 Perils due to the recurrent movements of 
 railway cars and other heavy bodies. 
 44 L.R'.A. 80. 
 
 Duty to warn as to dangers of transitory 
 class occasionally supervening during 
 progress of work'. 54 L.R.A. 100. 
 
 Duty to give warning where trees are being 
 'felled. 46 L.R.A.(N.S.) 86. 
 
 Duty to warn servant of dangerous con- 
 dition of earth and rock left after 
 blasting. 48 L.R.A. (N.S.) 925. 
 
 Duty of railroad company to warn track 
 employees of approach of train or 
 car. L.R.A.1916F, 555. 
 
 75. Sufficiency of warning. 
 
 In the case of adults. 44 L.R.A. 81. 
 As to sporadic and transitory dangers. 44 
 L.R.A. 86. 
 
 (It) Children. 
 
 76. Generally. 
 
 What knowledge of scientific facts is im- 
 puted to minor servants. 44 L.R.A. 77. 
 
 Instructing minor who is of insufficient age 
 or capacity to comprehend dangers of 
 employment as affecting master's re- 
 sponsibility. 8 L.R.A. (N.S.) 284. 
 
 Presumption and burden of proof as to ca- 
 pacity of minor servant to comprehend 
 and "avoid danger. 29 L.R.A. (N.S.) 
 487. 
 
 What instruction and warning to minor 
 servant will be sufficient. 44 L.R.A. 84. 
 
 77. Minority as special factor bear- 
 ing on master's duty of instruction. 
 
 General principles stated. 44 L.R.A. 61. 
 
 Minor employees usually on the same foot- 
 ing as adults, after proper instruction 
 has been given. 44 L.R.A. 65. 
 
 ] MASTER AND SERVANT, III. a, 5 (b) 
 cont'd 
 
 Constructive knowledge of dangers, when a 
 bar to an action by minor servants. 
 44 L.R.A. 66. 
 
 Circumstances to be considered in determin- 
 ing whether knowledge of a danger is 
 to be imputed to a minor. 44 L.R.A. 
 67. 
 
 Illustrative cases in regard to the construc- 
 tive knowledge of minor servants. 44 
 L.R.A. 68. 
 
 78. I>aiigers of which servant is al- 
 ready aware. 
 
 General rule. 29 L.R.A. (N.S.) 111. 
 
 Particular circumstances excusing warning. 
 29 L.R.A. (N.S.) 113. 
 
 Where the danger is patent or obvious. 29 
 L.R.A. (N.S.) 113. 
 
 Obvious dangers not appreciated because of 
 youth and inexperience. 29 L.R.A. (N. 
 S.) 115. 
 
 Knowledge without appreciation of the dan- 
 ger. 29 L.R.A. (N.S.) 115. 
 
 6. Safety as to place, appliances, and 
 tools. 
 
 (a) In general. 
 
 79. Generally. 
 
 Violation of statutory duties as to, see su- 
 pra, 54, 55. 
 
 Injury by explosion, see supra, 63. 
 
 Knowledge as element of master's liability 
 as to, see supra, 66. 
 
 Duty to warn or instruct servant as to, see 
 supra, 72-78. 
 
 Master's duty to inspect, see infra, 98- 
 102. 
 
 Liability for acts of coservants in respect 
 to, see infra, 155-162. 
 
 Nondelegable duties of master as to, see 
 infra, 166. 
 
 Admissibility of opinion evidence as to 
 safety of place or appliance. 51 L.R.A. 
 (N.S.) 565. 
 
 Applicability of rule res ipsa loquitur in 
 case of injury by defective appliances, 
 methods of work, etc. L.R.A.1917E, 27. 
 
 Application of res ipsa loquitur in case of 
 injury to servant by breaking of rope, 
 chain, etc. L.R.A.1917E, 239. 
 
 Applicability, as between master and serv- 
 ant, of maxim, Res ipsa loquitur, to 
 fall of bridge. 28 L.R.A. (N.S.) 591. 
 
 As to fire escapes on building. 15 L.R.A 
 160; L.R.A.1917C, 1153. 
 
 Different forms of statement of the general 
 rule with respect to the master's duty 
 as to places and appliances furnished 
 to servant. 6 L.R.A. (N.S.) 602. 
 
 Standard of master's duty with respect to 
 selection between different styles or 
 makes of appliances. 6 L.R.A. (N.S. ) 
 492. 
 
 Furnishing for servant's use article in gen- 
 eral use as measure of master's dutv. 
 16 L.R.A. (N.S.) 128: 27 L.R.A. (N.S!) 
 181. 
 
 Begin 'with this booTc on every 
 
 question.
 
 INDEX TO L.R.A. NOTES. 
 
 889 
 
 MASTER AND SERVANT, III. a, 6, (a) 
 cont'd 
 
 Liability of master for injury to servant in 
 using appliance for purpose other than 
 that for which it was primarily intend- 
 ed. 16 L.R.A. (N.S.) 084. 
 
 Master's liability for injuries sustained by 
 servant from falling over nail or bolt 
 projecting from floor. 19 L.R.A. (N.S.) 
 242. 
 
 Duty and liability to servant in respect to 
 animals owned or used by master. 
 L.R.A.1915B, 433. 
 
 Liability of master to servant for personal 
 injury by wild animal or animal kept 
 for exhibition purposes. 23 L.R.A. (N. 
 S.) 1071. 
 
 Liability of master to servant for failure to 
 provide independent contractor with 
 safe appliances. 1 L.R.A. (N.S.) 283. 
 
 Master's constructive knowledge as to con- 
 dition of place of work as element of 
 liability to injured servant. 41 L.R.A. 
 45, 50. 
 
 Master's duty to servants after learning of 
 dangerous condition of place of work. 
 41 L.R.A. 139. 
 
 Nonliability for negligent use of safe appli- 
 ance by fellow servant. 54 L.R.A. 111. 
 
 Duty of consignor or consignee to his 
 employees as to the condition of cars, 
 45 L.R.A.(N.S.) 707. 
 
 Automobile owner's liability for injury to 
 operator of car. 46 L.R.A. (N.S.) 
 1183; L.R.A.1918E, 417. 
 
 Duty of master, in absence of statute, to 
 furnish place for eating luncheon. 44 
 L.R.A.(N.S.) 1102. 
 
 Liability of master for injuries caused by 
 defective conditions or appliances 
 which are not dangerous. 47 L.R.A. 
 (N.S.) 1142. 
 
 Liability of master for injury to employee's 
 assistant. 43 L.R.A.(N.S.) 181. 
 
 Is ordinance requiring covering of side- 
 walk where building is in process of 
 construction, for benefit of servants. 
 45 L.R.A. (N.S.) 550. 
 
 Duty of master to protect servant from 
 material rolling down hillside. 46 
 L.R.A. (N.S.) 629. 
 
 Duty of master with respect to premises of 
 stranger onto which he sends his serv- 
 ant to work. 45 L.R.A. (N.S.) 271. 
 
 Liability of master for dangerous condition 
 created by third person near place of 
 work. 45 L.R.A. (N.S.) 295. 
 
 Liability of manufacturer to servant with 
 respect to automobile testing track. 49 
 L.R.A.(N.S.) 883. 
 
 Duty under Employer's Liability Acts, of 
 owner to servants of contractor, or of 
 principal contractor to servants of sub- 
 contractor, as to condition of place or 
 appliance. L.R.A.1917D, 991. 
 
 Sufficiency of general allegations of negli- 
 gence as to place of work. 59 L.R.A. 
 253. 
 
 Sufficiency of general allegations as to struc- 
 ture and appliances. 59 L.R.A. 258. 
 
 Consult also I..H 4.. Digest* of Cases. 
 
 MASTER AND SERVANT, III. a, 6, (a) 
 
 . cont'd 
 
 80. Changing conditions; making re- 
 pairs. 
 
 In general. 19 L.R.A.(N.S.) 340; 28 L.R.A. 
 (N.S.) 1267.' 
 
 Work of construction or demolition. 19 
 L.R.A. (N.S.) 342. 
 
 Excavations. 19 L.R.A. (N.S.) 350. 
 
 Repair work. 19 L.R.A. (N.S.) 362. 
 
 Completed working place. 19 L.R.A. (N.S.) 
 363. 
 
 Illustrative cases obvious risks. 19 L.R.A. 
 (N.S.) 367. 
 
 Applicability of rule as to safe place where 
 servants are engaged in the work of re- 
 moving dangerous conditions. 25 
 L.R.A. (N.S.) 321. 
 
 Duty of master in respect to defective ap- 
 pliance which servant is employed to 
 repair. 25 L.R.A. (N.S.) 331. 
 
 Master's nonliability for coservant's negli- 
 gence in respect of dangers arising 
 from changing condition of building or 
 other structures while in course of erec- 
 tion or repair. 54 L.R.A. 139. 
 
 Master's nonliability for coservant's negli- 
 gence in respect to dangers incident to 
 demolition of buildings. 54 L.R.A. 140. 
 
 Liability of master for injuries due to 
 dangerous condition of earth and rock 
 left after blasting. 48 L.R.A. (N.S.) 
 925. 
 
 81. Tools. 
 
 Duty to inspect, see infra, 100. 
 Assumption of risk from use of. defective 
 tools, see infra, 111-122. 
 
 Master's liability for injury by defect in 
 
 common tools. 13 L.R.A. (N.S.) 668; 
 
 40 L.R.A. (N.S.) 832; 51 L.R.A.(N.S.) 
 
 337; L.R.A.1918D, 1141. 
 Liability of master for injuries incident to 
 
 the use of steel tools in blasting. 27 
 
 L.R.A. (N.S.) 982. 
 Delegability of master's duty to instruct or 
 
 warn servants as to machinery, tools, 
 
 or appliances. 26 L.R.A. (N.S.) 629. 
 
 82. Flying splinters. 
 
 Liability of master for injuries caused by 
 splinters flying from hammers or 
 chisels, punches, and other similar 
 tools. 13 L.R.A. (N.S.) 670: 30 
 L.R.A. (N.S.) 800: 40 L.R.A. (N.S.) 
 832; 51 L.R.A. (N.S.) 337. 
 
 83. Ladders. 
 
 Nondelegable duties as to defective ladders. 
 
 54 L.R.A. 72. 
 Liability of master for injury to servant by 
 
 defective ladder not forming part of a 
 
 structure. 13 L.R.A. (N.S.) 687; 51 
 
 L.R.A.(N.S.) 337. 
 Ladders as ways, works, etc. within mcsfn- 
 
 ing of employers' liability acts. L.R.A, 
 
 1915F, 1038. 
 
 84. Scaffolds. 
 
 Nondelegable duties as to defects in scaf- 
 folds, platforms, etc. 54 L.R.A. 69, 77.
 
 890 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AST) SERVANT, III. a. 6, (a) 
 eont'd 
 
 Negligence of coservant in respect to prep- 
 aration of scaffolds, staging, etc. 54 
 L.R.A. 142. 
 
 Master's liability for negligence of coserv- 
 ant in respect to defective scaffolds. 54 
 L.R.A. 170. 
 
 What are scaffolds or structures within 
 statutes relating to safety of scaffolds 
 in connection with structures. 30 
 L.R.A.(N.S.) 30. 
 
 Scaffolding, etc. as ways, works, etc. within 
 meaning of employers' liability acts. 
 L.R.A.1935F, 1036.' 
 
 Duty of master as to condition of scaffold 
 constructed by employees, to an em- 
 ployee not a member of the gang for 
 whose use the scaffold was primarily 
 constructed. 22 L.R.A. ( N.S. ) ' 952. 
 
 Applicability as between master and serv- 
 ant of maxim, Kes ipsa loquitur, to fall 
 of scaffold. 28 L.R.A. (N.S.) 586. 
 
 Employee's right of action for employer's 
 violation of building laws as to scaf- 
 folds. 9 L.R.A. (N.S.) 376. 
 
 85. Elevators. 
 
 Inspection of, see infra, 101. 
 
 Employee's right of action for employer's 
 violation of statute as to guarding ele- 
 vators and shafts. 15 L.R.A. (N.S. ) 
 784; L.R.A.1915E, 541. 
 
 Measure of duty owing to servants with re- 
 spect to elevators which they are re- 
 quired or permitted to use for person- 
 al transportation. 18 L.R.A. (N.S.) 
 911.' 
 
 Master's liability for injury to employee 
 caused by defective elevator and negli- 
 gence of fellow servant. 2 L.R.A. (N. 
 S.) 647. 
 
 86. Electricity. 
 
 Applicability of res ipsa loquitur in case of 
 injury to servant by electrical appli- 
 ances'. L.R.A.1917E,'248. 
 
 Liability of electric company to employee 
 for injury caused by electric shock. 32 
 L.R.A. 351. 
 
 Liability of street railway company for in- 
 jury to emplovee from poles placed too 
 near track. 15 L.R.A. (N.S.) 1109. 
 
 Injury to electric lineman through defect 
 in pole or its appurtenances. 21 L.R.A. 
 (N.S.) 774; 26 L.R.A. (N.S.) 509. 
 
 Who are fellow servants of linemen. 30 
 L.R.A.(N.S.) 47. 
 
 Nondelegability of duty of selecting appli- 
 ances, etc.,* for linemen. 30 L.R.A. ( N.S. ) 
 50. 
 
 Employee attempting to remove wire of an- 
 other company interfering with his em- 
 ployer's line as a volunteer. 31 L.R.A. 
 (N.S.) 617. 
 
 Master's duty to linemen and other em- 
 ployees to prevent contact of wires car- 
 rying electric current. 52 L.R.A. (N.S.) 
 600. 
 
 87. Statutory liability for defects in 
 condition of plant. 
 
 Generally. 57 L.R.A. 817. 
 
 MASTER AND SERVANT, III. a, 6, (a) 
 
 cont'd 
 
 Effect of these statutory provisions as to 
 defects, generally. 57 L.R.A. 818. 
 
 Master not liable unless the defect alleged 
 was the proximate cause of the injury. 
 57 L.R.A. 818. 
 
 Application and effect of Federal employ- 
 ers' liability act. L.R.A.1915C, 55. 
 
 What covered by the terms "ways." 
 "works," etc. 57 L.R.A. 819; 44 L.R.A. 
 (N.S.) 1123; 47 L.R.A. (N.S.) 51; 
 L.R.A.1915F, 1036. 
 
 Significance of the qualifying phrase, "con- 
 nected with or used in the business 
 of the employer." 57 L.R.A. 821. 
 
 What constitutes a defect. 57 L.R.A. 827. 
 
 Specific examples of defects. 57 L.R.A. 830. 
 
 Conditions not amounting to defects. 57 
 L.R.A. 832. 
 
 Defective system, emplover liable for. 57 
 L.R.A. 835. 
 
 Not discovered or remedied owing to negli- 
 gence, etc. 57 L.R.A. 836. 
 
 Abnormal conditions resulting from the use 
 of the appliances furnished by the mas- 
 ter, how far regarded as defects. 57 
 L.R.A. 839. 
 
 Defects in temporary appliances constructed 
 by the servants themselves, not deemed 
 to be chargeable to the employer. 57 
 L.R.A. 841. 
 
 (J>) Machinery. 
 
 8 88. Generally. 
 
 What instrumentalities are covered by the 
 term "machinery." 57 L.R.A. 821. 
 
 Statutory liability for defects in condition 
 of machinery! 57 L.R.A. 830. 
 
 Master's constructive knowledge as to con- 
 dition of machinery and apparatus as 
 element of liability to injured servant. 
 41 L.R.A. 46, 53. 
 
 Master's duty to servant after learning of 
 dangerous condition of machinery and 
 appliances. 41 L.R.A. 139. 
 
 Master's liability for coservant's negligence- 
 in respect to defective machinery. 54 
 L.R.A. 172, 177. 
 
 Nondelegable dutv as to defects in. 54 
 X.R.A. 72, 80." 
 
 Delegability of master's duty to warn serv- 
 ants of danger from starting of machin- 
 ery. 26 L.R.A.(N.S.) 647. 
 
 Injuries caused by defects in machinery 
 while used for a purpose not contem- 
 plated. 18 L.R.A. 124. 
 
 Liability of master where machine which 
 fails to perform the service for which 
 it was designed is supplemented by the 
 work of an employee. 30 L.R.A. (N.S.) 
 267. 
 
 Presumption of negligence of master from 
 unexplained starting of machinery in- 
 juring servant. 1 L.R.A. (N.S.) *298; 
 44 L.R.A. (N.S.) 1050. 
 
 Sufficiency of general allegations as to. 59 
 L.R.A. 258. 
 
 Begin u*ith this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 81) t 
 
 MASTER AND SERVANT, III. a, 6 (b) 
 
 cont'd 
 89. Injuries from projecting screws 
 
 in moving machinery. 
 
 Discussion of the question whether the 
 maintenance of a set .screw imports 
 negligence at common law. 48 L.R.A. 
 96. 
 
 Liability of master under statutes. 48 
 L.R.A. 07. 
 
 Defenses of assumption of risks and contrib- 
 utory negligence. 48 L.R.A. 98. 
 
 90. Guarding machinery. 
 
 Common practice as the measure of master's 
 duty to guard machinery. 16 L.R.A. 
 (N.S.) 140. 
 
 What is comprehended in expression "ma- 
 chinery of every description," in stat- 
 utes imposing duty on master as to 
 placing guards. 30 L.R.A. (N.S.) 36. 
 
 Does statute requiring guarding of ma- 
 chinery apply to portable machines. 
 45 L.R.A. (N.S.) 687. 
 
 Employee's right of action for employer's 
 violation of statutory duty as to guards 
 about machinery. 9* L.R.A. ( N.S. ) 381 ; 
 L.R.A.1915E, 547. 
 
 Duty of master to guard against employ- 
 ee's hair being caught in machinery. 
 27 L.R.A. (N.S.) 972; 48 L.R.A. (N.S.) 
 834. 
 
 Is employer's statutory duty to guard place 
 or machinery owing to employees of 
 contractor. 36 L.R.A. (N.S.) 269. 
 
 Master's duty to guard machinery as a dele- 
 gable one. 54 L.R.A. 71; 17 "L.R.A. 
 (N.S.) 568. 
 
 Master's nonliability for coservant's negli- 
 gence in displacing guards provided for 
 dangerous machinery. 54 L.R.A. 137. 
 
 Master's liability for coservant's negligence 
 in respect to uncovering machinery. 54 
 L.R.A. 170. 
 
 Liability of master where statutory guards 
 on machinery have been removed and 
 not replaced. 45 L.R.A. (N.S.) 128. 
 
 Applicability of statutes requiring machin- 
 ery or other dangerous appliances or 
 places to be guarded to persons who 
 voluntarily come in contact therewith. 
 44 L.R.A. (N.S.) 1061. 
 
 (c) In mines. 
 
 91. Generally. 
 
 Employee's right of action for employer's 
 violation of mining acts. 9 L.R.A. (N. 
 S.) 382; L.R.A.1915E, 557. 
 
 Evidence- as to conditions before and after 
 accident. 32 L.R.A. (N.S.) 1095, 1108. 
 
 9 la. Statutory regulations for pro- 
 tection of workmen. 
 
 Props. 25 L.R.A. 848. 
 
 Cage and signals. 25 L.R.A. 849. 
 
 Shafts and fences. 25 L.R.A. 850. 
 
 Escape and ventilation shafts. 25 L.R.A. 
 
 850. 
 
 Miscellaneous. 25 L.R.A. 852. 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, III. a, 6 
 cont'd 
 
 (d) Railroad and street railway cases. 
 
 92. Generally. 
 
 Liability for negligence of coservant, see in- 
 fra, 162a. 
 Delegation of duties as to, see infra, 167. 
 
 As to failure to fence track. 25 L.R.A. 
 320; L.R.A.1916E, 207. 
 
 Injury to railroad employee by torpedoes OH 
 the track. 16 L.R.A. (N.S.) 1084. 
 
 Liability of railroad company to employees 
 for negligence of shippers in their use 
 of instrumentalities for loading and un- 
 loading cars. 24 L.R.A. (N.S.) 1020. 
 
 As to defective track owned by another 
 railroad company causing injuries to 
 railroad employee in line of dutv. 22 
 L.R.A. 283. 
 
 Liability of railroad lessee or licensee to its 
 servants for condition of track. (> 
 L.R.A.(N.S.) 787. 
 
 Liability of railroad to trainmen injured 
 by overhead structure. 47 L.R.A. 
 (N.S.) 483. 
 
 Liability of railroad company to watchman 
 or flagman for injuries caused by 
 passing trains. 48 L.R.A. (N.S.) 
 150. 
 
 Liability of railroad company for injuries 
 to employee by object thrown from 
 train by train employee in course of 
 his duty. 52 L.R.A. (N.S.) 1117. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied bv rainfall. 
 49 L.R.A. (N.S.) 198. 
 
 Liability of railroad company for injuries 
 to servant caused by leaving material 
 near track which may be thrown on to 
 track by outside forces. 52 L.R.A. 
 (N.S.) 1115. 
 
 Duty of railroad company to maintain 
 safeguards to prevent employees 
 from falling off or through bridges, 
 culverts, etc. 50 L.R.A. (N.S.) 
 548. 
 
 Liability to servant in charge of a train 
 or car as affected by his duty to keep 
 schedule time. L.R.A. 1916E, 268. 
 
 Duty to keep lookout for trackmen. L.R.A. 
 1916F, 564. 
 
 Hand car as a car within meaning of stat- 
 ute. L.R.A.1915A, 817. 
 
 Applicability of res ipsa loquitur in case 
 of injury to servant by derailment of 
 rolling stock. L.R.A.1917E, 212. 
 
 93. Condition of cars. 
 
 Statutory requirements as to safety ap- 
 pliances, see infra, 96. 
 
 Duty of consignor or consignee to his em- 
 ployees, as to condition of car. 14 
 L.R.A. (N.S.) 972; 45 L.R.A.(N.S.) 
 707. 
 
 Liability of master for injuries sustained 
 by servant in taking defective car or 
 engine to a shop for repairs. 25 L.R.A. 
 (N.S.) 335.
 
 892 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, III. a, 6 (d) 
 cont'd 
 
 Liability of railroad company to employee 
 for injuries caused by defectively load- 
 ed car. 13 L.R.A.(N.S.) 384; 49 L.R.A. 
 (N.S.) 1011. 
 
 Liability of street railway company for in- 
 jury to employees for failure to per- 
 form statutory duty to provide vesti- 
 bules for cars. 30 L.R.A. (N.S.) 428. 
 
 Validity of statutes and ordinances for pro- 
 tection and comfort of street car opera- 
 tives. 42 L.R.A. (N.S.) 1060. 
 
 Delegability of duty as to method of load- 
 ing cars. 54 L.R.A. 78. 
 
 Nondelegable duties as to defective cars. 
 54 L.R.A. 71, 79. 
 
 Hand car as a car within meaning of stat- 
 ute. L.R.A.1915A, 817. 
 
 94. Switches. 
 
 Applicability of res ipsa loquitur in case of 
 injury to servant from defects in roll- 
 ing stock. L.R.A.1917E, 226. 
 
 Sufficiency of rules for switching of cars. 
 43 L.R.A. 339. 
 
 Servant's disobedience of rules in regard to 
 switching. 43 L.R.A. 365. 
 
 Right of jury to pass on question of negli- 
 gence in use of switch of a particular 
 type or construction. 26 L.R.A. (N.S. ) 
 600. 
 
 Master's liability for vice principal's neg- 
 ligence in manipulating. 54 L.R.A. 129. 
 
 Master's liability for negligence of coservant 
 in respect to defective switches. 54 
 L.R.A. 170. 
 
 Duty to keep switch closed as a delegable 
 one. 17 L.R.A. (N.S.) 542. 
 
 95. failure to block. 
 
 Want of blocking not negligence per se 
 apart from statute. 48 L.R.A. 68; 16 
 L.R.A. (N.S.) 715. 
 
 Statutes requiring frogs, etc., to be blocked. 
 48 L.R.A. 71; 16 L.R.A. (N.S.) 719. 
 
 Employee's right of^ action for employer's 
 violation of statute as to blocking frogs 
 and switches. L.R.A.1915E, 537. 
 
 Want of blocking considered as a risk as- 
 sumed by the servant. 48 L.R.A. 72; 
 16 L.R.A. (N.S.) 717. 
 
 Leaving switch unlocked as proximate cause 
 of derailment of train resulting from 
 the throwing of the switch by a stran- 
 ger. 11 L.R.A.(N.S.) 738. 
 
 96. Safety appliance acts. 
 
 Duty and liability under Federal and state 
 railway safety appliance acts. 20 
 L.R.A. (N.S.) '473; 41 L.R.A.(N.S.) 
 49. 
 
 Applicability of Federal safety appliance act 
 to railroad entirely within the state 
 and without traffic arrangements with 
 other roads. 15 L.R.A. (N.S.) 167. 
 Is terminal railway company, in moving in- 
 terstate traffic, within Federal safety 
 appliance act. 22 L.R.A. (N.S.) 582. 
 State statute as to safety appliances as in- 
 terference with interstate commerce. 
 52 L.R.A.(N.S.) 269. 
 
 MASTER AND SERVANT, III. a, 6 (d) 
 cont'd 
 
 Employee's right of action for employer's 
 violation of statute as to equipping 
 rolling stock with safety hand ajid 
 footholds. L.R.A.1915E, 537. 
 
 97. Poles and trees near street car 
 track. 
 
 Liability of street railway company for in- 
 jury to employee from poles placed too- 
 near to track. 15 L.R.A. (N.S.) 1109. 
 
 Liability of street railway company operat- 
 ing in a street for injury to employee by 
 a tree or a pole maintained by third 
 person near the track. 16 L.R.A. (N.S.) 
 978. 
 
 (c) Inspection. 
 
 98. Generally. 
 
 Delegability of duty as to, see infra, 168, 
 
 Servant's disobedience of rules prescribing 
 for inspection of appliances. 43 L.R.A. 
 365. 
 
 Imputing to master coservant's negligence 
 in respect to inspection. 54 L.R.A. 153. 
 
 Xondelegability of duty to inspect poles for 
 electric wires. 30 L.R.A. (N.S.) 50. 
 
 Master's duty to inspect as affected by fact 
 that instrumentality was purchased 
 from responsible dealer. 40 L.R.A, 
 (X.S.) 1120. 
 
 Right of master to rely on inspection by 
 public aunthorities of places, or appli- 
 ances. 15 L.R.A. (X.S.) S12. 
 
 Duty J;o examine condition of earth an<l 
 rocks left after blasting. 48 L.R.A. 
 (N.S.) 925. 
 
 99. Instrumentalities generally. 
 
 Duty of active inspection of instrumental- 
 ities when first used. 41 L.R.A. 
 70. 
 
 Duty of active inspection of instrumental- 
 ities while in use. 41 L.R.A. 74. 
 
 Employer's liability qualified by the serv- 
 ant's duty to acquaint himself with 
 his environment. 41 L.R.A. 125. 
 
 100. Tools and implements fur- 
 nished servant. 
 
 Duty of master to inspect. 1 L.R.A. (X.S. ) 
 
 944. 
 Right of employee to assume that tools are 
 
 safe. 1 L.R.A.(N.S.) 950. 
 Right to complain of failure to inspe6t when 
 
 safe tools are available. 1 L.R.A. 
 
 (N.S.) 952. 
 
 101. Elevators. 
 
 Duty to employees as to inspection of eleva- 
 
 'tors. 21 L.R.A.(N.S.) 592. 
 Master's right to rely on inspection of ele- 
 vators by public authorities. 15 L.R.A. 
 (X.S.) 812. 
 
 102. Materials. 
 
 Master's duty to inspect materials. 70 
 
 L.R.A. 831. 
 
 Degree of care required in inspection. 70 
 L.R.A. 833. 
 
 Begin tvith this booTc on every laiv question.
 
 INDEX TO L.R.A. iNOTES. 
 
 803 
 
 MASTER AND SERVANT, III. a, 6 (e) 
 cont'd 
 
 Duty of master to inspect junk to be 
 'handled by employees. 40 L.R.A. (X.S.) 
 890. 
 
 Master's right to rely on inspection bv pub- 
 lic authorities. ' 15 L.R.A. (X.S.) 812. 
 
 (f) Superintendence and supervision. 
 
 103. Generally. 
 
 Employer's duty as to the supervision of 
 appliances not owned by him, but 
 used bv his servants. 41 L.R.A. 
 100. 
 
 Duty of master to furnish superintendence 
 where the work is complicated and 
 dangerous. 29 L.R.A. (N.S.) 481. 
 
 7. Selection, employment, and reten- 
 tion of fellow servants. 
 
 % 104. Generally. 
 
 Delegability of duty as to employing compe- 
 tent fellow servants, see infra, 169. 
 
 General principles. 48 L.R.A. 369. 
 
 Probative value of various facts as tending 
 to show culpability on the master's 
 part. 48 L.R.A. '378. 
 
 Disobedience of orders ,as incompetency 
 within the rule as to master's duty to 
 furnish competent fellow servants. 30 
 L.R.A. (N.S.) 109. 
 
 Duty of master to servant to keep informed 
 as to fitness of coservants in his em- 
 ploy. 1 L.R.A. (N.S.) 288. 
 
 Right of servant to rely on promise of mas- 
 ter to discharge incompetent or care- 
 less fellow servant. 10 L.R.A. (N.S.) 
 1043; 47 L.R.A. (N.S.) 1220. 
 
 Sufficiency of general allegations of negli- 
 gence with relation to competent and 
 careful fellow servants. 59 L.R.A. 263. 
 
 May breach of duty to employ or retain 
 none but competent servants be inferred 
 in fact from their incompetency. 20 
 L.R.A. (N.S.) 322. 
 
 May incompetency of minor to perform du- 
 ties of a particular employment be in- 
 ferred from his minority alone. 20 
 L.R.A. (N.S.) 331. 
 
 Evidence of specific instances to prove char- 
 acter of servant. 14 L.R.A. (N.S.) 756. 
 
 Evidence of specific instances to prove in- 
 competency of servant. 14 L.R.A. 
 (N.S.) 760. 
 
 Evidence of reputation to show incompe- 
 tency of servant or master's knowl- 
 . edge thereof. 33 L.R.A. (N.S.) 751. 
 
 105. Inability of master for injuries 
 caused by incompetency of fellow 
 servant. 
 
 Master's knowledge of incompetency as 
 element of liability, see supra, 67. 
 
 Presumption and burden of proof as to 
 servant's incompetency, see EVIDENCE, 
 
 78. 
 
 Employment, generally. 25 L.R.A. 710. 
 Retention in employ. 25 L.R.A. 713. 
 Con Knit also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, III. a, 7 cont'd 
 Incompetency through use of liquor. 25 
 
 L.R.A. 714: 40 L.R.A. 146: 47 L.R.A. 
 
 (N.S.) 742. 
 
 Pleading incompetency. 25 L.R.A. 715. 
 Evidence. 25 L.R.A. 716. 
 Master's liability for injury to servants in 
 
 respect to failure to employ suitable 
 
 servants. 54 L.R.A. 172. 
 Master's liability for injury to servant due 
 
 to unfitness of delinquent fellow ser^ 
 
 ant. 54 L.R.A. 177. 
 Assumption of risk by servant of dangers 
 
 from employment of incompetent ser- 
 vant. L.R.A.1916F, 1212. 
 
 106. Employing sufficient number of 
 servants. 
 
 Delegabilitv of duty as to, see infra, 
 169a. 
 
 Duty of master to provide sufficient help. 
 54 L.R.A. 173, 178; 48 L.R.A. 392; 17 
 L.R.A.(N.S.) 773; 40 L.R.A.(N.S.) 
 913. 
 
 Full crew acts. 49 L.R.A. (N.S.) 977'. 
 
 S. Liability to volunteer, employee's as- 
 sistant, or servants of third persons. 
 
 107. Generally. 
 
 Assumption of risk by volunteer, see infra, 
 121. 
 
 Liability of master for injury to volunteer 
 22 L.R.A. 664; 13 L.R.A. (N.S.) 561; 
 16 L.R.A.(N.S.) 963; 43 L.R.A.(N.S.J 
 187; L.R.A.1915F, 1125. 
 
 Duty and liability of owner to one on prem- 
 ises for purpose of seeing his em- 
 ployees. 24 L.R.A.(N.S.) 497. 
 
 Liability of master for injury to employee's 
 'assistant. 43 L.R.A. (N.S.) 179. 
 
 108. Who are volunteers. 
 
 Volunteer, who is. 16 L.R.A. 861. 
 
 Employee attempting to remove wire of 
 another company interfering with his 
 employer's line, as a volunteer. 31 
 L.R.A.(N.S.) 617. 
 
 108a. Servants of third persons. 
 
 Liability for injury to servants of independ- 
 ent contractor, see infra, 202. 
 
 Liability of landlord for injury to employee 
 of tenant, see LANDLORD AND TENANT, 
 IV. d, 4. 
 
 Liability of railroad^ for injuries to em- 
 ployees of another company using the 
 road under a lease, license, or other 
 contract. L.R.A.1918E, 264. 
 
 Liability for injury by electric shock to em- 
 ployee of another company while on de- 
 fendant's pole, where pole is used joint- 
 ly. 45 L.R.A. (N.S.) 303. 
 
 Liability under Federal employer's liabil- 
 ity act for injury to employees of other 
 companies. L.R.A.1915C, 72. 
 
 Responsibility of general employer for neg- 
 ligence of employee in operating eleva- 
 tor for convenience of workmen not in 
 former's employ. L.R.A.1917E, 964.
 
 894 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, III. cont'd 
 b. ANXHIH iitiiin of risk. 
 
 109. Generally. 
 
 Assumption of risk of changing conditions, 
 see supra, 80. 
 
 Risk of explosion, see EXPLOSIONS AND EX- 
 PLOSIVES, 7. 
 
 Conflict of laws as to. 56 L.R.A. 221. 
 
 In absence of contractual relation. 3 L.R.A. 
 
 (N.S.) 1097. 
 Abrogation of defense of assumption of risk 
 
 by Federal employers' liability act. 47 
 
 L.R.A. (N.S.) 62; L.R.A.1915C, 69. 
 Abrogation of defense of assumption of 
 
 risk by Workmen's Compensation Act. 
 
 L.R.A.1917D, 57. 
 Effect of inference of assumption of risk on 
 
 applicability of rule res ipsa loquitur. 
 
 L.R.A.1917E, 52, 194, 209. 
 
 110. Relation between assumption 
 of risk and contributory negli- 
 gence. 
 
 Distinction between assumption of risk and 
 contributory negligence. 21 L.R.A. 
 (N.S.) 138. 
 
 Relation between defenses of assumption 
 of risks and contributory negligence in 
 entering or remaining in employment. 
 49 L.R.A. 49. 
 
 111. Various risks assumed in gen- 
 eral. 
 
 Assumption of risk of injury due to ser- 
 vant's physical nnfitness for the work. 
 L.R.A. 1915E, 369. 
 
 Assumption of risk by servant of dangers 
 from employment of incompetent ser- 
 vant. L.R.A.1916F, 1212. 
 
 Assumption of risk by an employee of dan- 
 gers arising from a change of appli- 
 anee. L.R.A. 1916D, 1210. 
 
 Assumption of danger of heat prostration. 
 L.R.A.1915E, 613. 
 
 Of danger of electric shock. 32 L.R.A. 
 353. 
 
 From projecting screw in moving machin- 
 ery. 48 L.R.A. 98. 
 
 Assumption by train employee of risks due 
 to defects in tracks or roadbed. 28 
 L.R.A.(N.S.) 1255; 49 L.R.A. (N.S.) 
 517. 
 
 Assumption of risk of unblocked switches. 
 48 L.R.A. 72: 16 L.R.A. (N.S.) 717. 
 
 Assumption of risks arising from failure to 
 fence railroad tracks. L.R.A. 1916E, 
 209. 
 
 Assumption by trainman of risk of injury 
 by overhead structures. 47 L.R.A. 
 (N.S.) 489. 
 
 Assumption of risk from defectively loaded 
 car. 49 L.R.A. (N.S.) 1014. 
 
 Assumption of risk of injury from defect 
 in simple tool. 51 L.R.A. (N.S.) 337; 
 L.R.A.1918D, 1141. 
 
 Servant's assumption of risk of being in- 
 jured by dust or splinters caused by the 
 progress of, the work. 25 L.R.A. (N.S.) 
 364. 
 
 MASTER AND SERVANT, III. b cont'd 
 
 Servant's assumption of risk of injury by 
 splinters Hying off hammers, chisels, 
 punches, and similar tools. 30 L.R.A. 
 (N.S.) 800. 
 
 Assumption of risk of defective ladder not 
 forming part of structure. 13 L.R.A. 
 (N.S.) 687. 
 
 Assumption of risk of overstraining muscles 
 in lifting weights under immediate di- 
 rection of master or vice principal. 25 
 L.R.A. ( N.S. ). 362. 
 
 Assumption by tenant's employee of risk 
 of unsafe portions of building remain- 
 ing in landlord's possession. 3 L.R.A. 
 (N.S.) 1097. 
 
 Assumption of risks under railway safety 
 appliance acts. 20 L.R.A. (N.S.) 482; 
 41 L.R.A. (N.S.) 57. 
 
 Servant's assumption of risk in respect to 
 animals owned or used by master. 
 18 L.R.A. (N.S.) 695; L.R.A.1915B, 
 435. 
 
 Assumption of risk by servant riding in au- 
 tomobile. 46 L.R.A. (N.S.) 1183; L.R.A. 
 1U18K, 416. 
 
 Servant's assumption of risk of danger from 
 fall of piles or stacks of material. 47 
 L.R.A. (N.S.) 266. 
 
 112. Volenti 11011 fit injuria as a de- 
 fense. 
 
 Meaning and effect of the maxim, as a mat- 
 ter of verbal construction. 47 L.R.A. 
 162. 
 
 Relation of the maxim to the doctrine of 
 a contractual assumption of risks. 47 
 L.R.A. 163. 
 
 Maxim not available as a defense, unless 
 plaintiff's knowledge of danger is 
 shown. 47 L.R.A. 164. 
 
 Logical significance of the servant's knowl- 
 edge. 47, L.R.A. 166. 
 
 How far voluntary action may be inferred 
 from the servant's knowledge of a risk, 
 generally. 47 L.R.A. 170. 
 
 Specific circumstances bearing on question 
 whether servant was volens. 4" 
 L.R.A. 172. 
 
 Negligence of the servants of a person other 
 than the plaintiff's employer not a 
 risk assumed. 47 L.R.A. 193. 
 
 Relation of the maxim to the defense of 
 contributory negligence. 47 L.R.A. 
 198. 
 
 Bearing of the servant's knowledge upon the 
 question whether he was negligent. 47 
 L.R.A. 200. 
 
 113. As affected by servant's .knowl- 
 edge and appreciation of danger; 
 obvious dangers: latent defects. 
 
 Effect of assurance of safety, see infra, 
 
 H8. 
 Effect of master's promise to remove specific 
 
 cause of danger, see infra, 119, 120. 
 
 Duty of servant to re'port defects -in plant. 
 57 L.R.A. 842. 
 
 Servant's assumption of risk of danger im- 
 perfectly appreciated. 4 L.R.A. (N.S.) 
 990. 
 
 tJiis I>oo1f on every fan? question.
 
 INDEX TO L.R.A. NOTES. 
 
 895 
 
 MASTER AND SERVANT, III. b cont'd 
 
 Servant's knowledge as element of defense 
 of contributory negligence in entering 
 or remaining in employment. 49 L.R.A. 
 33. 
 
 Assumption of obvious risks of hazardous 
 employment. 1 L.R.A. (N.S.) 272. 
 
 Assumption of risk of defective tool, ma- 
 chine, or appliance, where the defect is 
 obvious, but its importance not appreci- 
 ated. 13 L.R.A. (N.S.) 091. 
 
 In obeying orders to perform obviously 
 dangerous work. 4 L.R.A. (N.S.) 830. 
 
 Attempting dangerous work in obedience 
 to orders without fully appreciating 
 danger. 4 L.R.A. (N.S.) 838. 
 
 Effect of master's assurance as to obvious 
 dangers of employment. 4 L.R.A. 
 (N.S.) 971. 
 
 Dangers created by the master's negligence, 
 which might have been discovered 
 by the exercise of ordinary care on 
 the part of the servant. 28 L.R.A. 
 (N.S.) 1250. 
 
 Right of railroad engineer to proceed with 
 engine after learning while en route 
 that engine is defective, without as- 
 suming risk. 25 L.R.A. (N.S.) 339. 
 
 Servant's assumption of risk from latent 
 danger or defect. 17 L.R.A. (N.S.) 76. 
 
 Is employee 'chargeable with knowledge of 
 danger of back fire from furnace. 45 
 L.R.A. (N.S.) 658. 
 
 When knowledge of danger of low bridge 
 will be imputed to trainman injured 
 thereby. 47 L.R.A. (N.S.) 495. 
 
 Dangers arising from a change of appli- 
 ances. L.R.A.1916D, 1210. 
 
 114. Of master's negligence. 
 
 May servant assume the risk of dangers 
 created by the master's negligence. 
 4 L.R.A.'(N.S.) 848: 28 L.R.A. 
 (N.S.) 1215. 
 
 Dangers which might have been discov- 
 ered by exercise of ordinary care 
 on servant's part. 28 L.R.A. (N.S. ) 
 1250. 
 
 115. Of master's breach of statutory 
 duty. 
 
 In general. 6 L.R.A. (N.S.) 981; 19 L.R.A. 
 
 (N.S.) 646; 22 L.R.A. (N.S.) 634; 33 
 
 L.R.A.(X.S.) 646; 42 L.R.A. (N.S.) 
 
 1229; 49 L.R.A. (N.S.) 472. 
 Risk not assumed. 6 L.R.A. (N.S.) 983; 
 
 33 L.R.A. (N.S.) 647: 42 L.R.A.fN.S.) 
 
 1229; 49 L.R.A. (N.S.) 472. 
 Special statutory provisions. 6 L.R.A. 
 
 (N.S.) 985; 33 L.R.A.(N.S-) 648; 42 
 
 L.R.A. (N.S.) 1231. 
 Risk may be assumed. 6 L.R.A. (N.S.) 
 
 981; "33 L.R.A. (N.S.) 649; 42 L.R.A. 
 
 (N.S.) 1230. 
 Federal cases. 6 L.R.A. (N.S.) 986; 19 
 
 L.R.A.(N.S.) 648; 33 L.R.A. (N.S.) 
 
 651. 
 Special statutory provision. 49 L.R.A. 
 
 (N.S.) 473. * 
 Consult also L.R.A. Dicjeats of Cases. 
 
 MASTER AND SERVANT, III. b cont'd 
 Contributory negligence as defense to serv- 
 ant's action for injuries from viola- 
 tion of master's statutory duty where 
 statute excludes defense of assumption 
 of risk. 13 L.R.A. (N.S.) 1152. 
 
 116. Outside scope of employment. 
 
 When risks of work outside scope of em- 
 ployment are deemed to be assumed. 
 48 L.R.A. 803. 
 
 Absence of compulsion as essential element 
 of assumption of risks by servant per- 
 forming duties outside scope of original 
 employment. 48 L.R.A. 808. 
 
 117. Obeying orders. 
 
 Servant's duty to obey master's orders, see 
 
 supra. 4. 
 Master's liability for injuries received in 
 
 obeying direct command, see supra. 
 
 70. 
 Contributory negligence of servant obeying 
 
 command, see infra, 126, 127. 
 
 Direct orders as essential factor where the 
 risk to which they exposed servant 
 was one of those assumed. 48 L.R.A. 
 754. 
 
 Servant's assumption of risk in obeying 
 orders to perform obviously dangerous 
 work. 4 L.R.A. (N.S.) 830. 
 
 Attempting dangerous work in obedience to 
 orders, without fully appreciating the 
 danger. 4 L.R.A. (N.S.) 838. 
 
 Servant's right of action for injuries re- 
 ceived in obeying direct command ac- 
 companied by assurance of safety. 30 
 L.R.A. (N.S.)' 453. 
 
 View that direct command makes assump- 
 tion of risk question of fact only. 30 
 L.R.A.(N.S.) 442. 
 
 118. Assurance of safety by master 
 or coservant. 
 
 General rule. 48 L.R.A. 542; 23 L.R.A. 
 (N.S.) 1014; 30 L.R.A. (N.S.) 453. 
 
 Illustrative cases. 48'L.R.A. 542. 
 
 Rationale of rule. 48 L.R.A. 544. 
 
 When an assurance of safety is not con- 
 clusive in the servant's favor. 48 
 L.R.A. 545. 
 
 Whose assurances bind the master. 48 
 L.R.A. 546. 
 
 Effect of master's assurance as to obvious 
 dangers of employment. 4 L.R.A. 
 (N.S.) 971. 
 
 119. Continuing work on master's 
 promise to remove a specific cause 
 of danger; promise to repair. 
 
 General rule. 40 L.R.A. 782. 
 
 Rationale of the relation between the par- 
 ties after the giving of the promise. 
 40 L.R.A. 783. 
 
 Continuance of work after promise not 
 contributory negligence, as matter 
 of law. 40 L.R.A. 786. 
 
 Servant's action not maintainable unless 
 his continuance of work was actually 
 induced by the master's promise to 
 protect him from some danger, etc. 
 40 L.R.A. 793.
 
 896 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, III. b cont'd 
 
 Whose promise is binding on an employer. 
 40 L.R.A. 796. 
 
 Rule where the promise relates to simple 
 appliances. 40 L.R.A. 797. 
 
 Obligations of the servant pending the ful- 
 filment of the promise. 40 L.R.A. 798. 
 
 Servant's right to rely on master's promise 
 to discharge incompetent or careless 
 servant. 10 L.R.A (N.S.) 1043; 47 
 L.R.A.(N.S.) 1220. 
 
 Servant, s assumption of risk of defect in 
 simple tool which master has promised 
 to repair or replace. 27 L.R.A. (N.S.) 
 ]052. 
 
 Effect of promise to repair at some definite 
 future time or after a certain event to 
 suspend the doctrine of assumed risk 
 during the interval. 4 L.R.A. (N.S.) 
 913; 22 L.R.A. (N.S.) 472. 
 
 Effect of promise to repair not made with 
 reference to servant's safety. 45 L.R.A. 
 (N.S.) 363. 
 
 Liability of master for breach of promise to 
 remedy conditions, or furnish other 
 appliances, where they were already 
 reasonably safe. 25 L.R.A. (N.S.) 
 1179. 
 
 Effect of master's promise to repair de- 
 fective ladder not forming part of 
 structure. 13 L.R.A. (N.S.) 689. 
 
 120. effect of promise where dan- 
 ger is great and imminent. 
 
 General principles. 29 L.R.A. (N.S.) 598. 
 Illustrative cases. 29 L.R.A. (N.S.) 601. 
 Care to be exercised by the servant after the 
 
 promise. 29 L.R.A. (N.S.) 606. 
 
 
 
 121. Assumption by volunteer. 
 Master's liability for injury to volunteer, 
 
 see supra, 107, 108. 
 
 Generally. 22 L.R.A. 663; 43 L.R.A.(N.S.) 
 
 187. 
 Liability to minor volunteer. 22 L.R.A. 
 
 664. 
 Assistingi by request of one in authority. 
 
 22 L.R'A. 664. 
 
 Persons with interest. 22 L.R.A. 665. 
 Persons not volunteers. 22 L.R.A. 665. 
 Servant volunteer. 22 L.R.A. 665. 
 
 122. By minor employee. 
 
 Master's liability for injury to minor em- 
 ployee, see supra, 50, 51, 55. 
 
 Duty to warn or instruct minor employees, 
 see supra, 76-78. 
 
 Assumption of risks by minor employees. 
 
 8 L.R.A. 491;* 1 L.R.A. (N.S.) 279. 
 May one employing child under statutory 
 
 age rely on assumption of risk to defeat 
 
 liability for personal injiiry to latter. 
 
 12 L.R.A. (N.S.) 461; 48 L.R.A. (N.S.) 
 
 667. 
 
 c. Contributory negligence. 
 
 % 123. Generally. 
 
 Act of employee in emergency, see EMER- 
 GENCY, 2. 
 
 Presumption and burden of proof as to, see 
 Evidence, 83. 
 
 Begin \vith this book on every law question. 
 
 MASTER AND SERVANT, III. c cont'd 
 
 Servant injured by falling object, see FALL- 
 ING OBJECTS, 4. 
 
 As to last clear chance generally, see NEG- 
 LIGENCE, 50-52. 
 
 Question for jury as to, see TRIAL, 47. 
 
 Effect of inference of contributory negli- 
 gence on applicability of res ipsa loqui- 
 tur. L.R.A.1917E, 52, 194, 209, 215, 
 231, 241, 249. 
 
 Distinction between assumption of risk and 
 contributory negligence. 21 L.R.A. 
 (N.S.) 138' 
 
 Conflict of laws as to. 56 L.R.A. 221. 
 
 Relation of maxim Volenti non fit injuria 
 to defense of contributory negligence. 
 47 L.R.A. 161. 
 
 Contributory negligence of servant in un- 
 dertaking Avork for which he is phys- 
 ically unfit. L.R.A.1915E, 369. 
 
 Contributory negligence as affected by il- 
 legal or negligent custom of servants. 
 47 L.R.A. (N.S.) 909. 
 
 Attempting to save employer's property. 2 
 L.R.A. (N.S.) 954. 
 
 Contributory negligence of servant injured 
 by dangerous condition of earth and 
 rock left after blasting. 48 L.R.A. 
 (N.S.) 927. 
 
 Contributory negligence of servant injured 
 by animal owned or used by master. 
 18 L.R.A. (N.S.) 695; L.R.A.1915B, 435. 
 
 With respect to injury from projecting 
 screw in moving machinery. 48 L.R.A. 
 98. 
 
 By employee of electric company. 32 L.R.A. 
 353. 
 
 Of railroad employee in riding on engine. 
 14 L.R.A. 552! 
 
 Duty of employee engaged in repairing or 
 cleaning track to look out for his own 
 safety. 6 L.R.A. (N.S.) 646. 
 
 Venturing with train or hand car on track 
 over which other train has the right of 
 way. 1 L.R.A. (N.S.) 1014. 
 
 Right of servant on railroad track to rely 
 on custom to move trains on certain 
 track only in one direction. L.R.A. 
 1916D, 708. 
 
 Contributory negligence in relying on pres- 
 ence of step or hand hold on engine or 
 car. 45 L.R.A. (N.S.) 359. 
 
 Contributory negligence of trainman injured 
 by overhead structure. 47 L.R.A. 
 (N.S.) 494. 
 
 Walking in frort of moving car to prepare 
 coupling. 10 L.R.A. (N.S.) 881. 
 
 Contributory negligence of employee in run- 
 ning ahead of car or train in perform- 
 ance of his work. 52 L.R.A. (N.S.) 
 443. 
 
 Negligence of employee of railroad in step- 
 ping between moving cars. 41 
 L.R.A.(N.S.) 32. 
 
 Negligence in going, without previous no- 
 tice, under or between cars liable to be 
 moved at any time. 46 L.R.A. (N.S.) 
 877; L.R.A.1918C, 380. 
 
 Contributory negligence of watchman or 
 flagman injured bv passing trains. <* 
 L.R.A.(N.S.) 152."
 
 INDEX TO L.R.A. NOTES. 
 
 897 
 
 MASTER AND SERVANT, III. c cont'd 
 
 Contributory negligence of railroad em- 
 ployee injured by defects in roadbed 
 caused or accompanied by rainfall. 49 
 L.R.A.(N.S.) 205. 
 
 Contributory negligence of employee of rail- 
 road company injured by defectively 
 loaded car. 13 L.R.A.(N.S.) 391; 49 
 L.R.A.(N.S.) 1014. 
 
 Contributory negligence in failing to re- 
 member dangerous conditions. 41 
 L.R.A. (N.S.) 79. 
 
 Availability of defense of contributory negli- 
 gence, under safety appliance acts. 20 
 L.R.A.(N.S.) 483 j 41 L.R.A. (N.S.) 57. 
 
 Abrogation of defense of contributory negli- 
 gence by Federal employers' liability 
 act. 47 L.R.A. (N.S.) 01; 48 L.R.A. 
 (N.S.) 987; L.R.A.1915C, 65. 
 
 Abrogation of defense of contributory neg- 
 ligence by Workmen's Compensation 
 Act. L.R.A.1917D, 57. 
 
 Contributory negligence as a defense to an 
 action based on a breach of the 
 master's statutory duty. 49 L.R.A. 
 (N.S.) 526. 
 
 Where statute excludes defense of as- 
 sumption of risk. 13 L.R.A. (N.S.) 
 1152. 
 
 Employee's right to rely on statute requir- 
 ing signal to be given by train ap- 
 proaching crossing. 40 L.R.A. (N.S.) 
 1105. 
 
 Duty of servant to report defects in con- 
 'dition of plant. 57 L.R.A. 842. 
 
 Liability of employer qualified by servant's 
 duty to acquaint himself with his en- 
 vironment. 41 L.R.A. 125. 
 
 Duty to relieve servant who, without mas- 
 ter's fault, has been caught in danger- 
 ous situation. 7 *L.R.A.(N.S.) 940. 
 
 Right of servant to compensation in case of 
 incomplete performance of his contract 
 caused by physical disability due to his 
 own negligence. 28 L.R.A. (N.S.) 325. 
 
 124. Minor employees. 
 
 Master's liability for injury to minor em- 
 ployee, see supra, 50, 55. 
 
 May one employing child under statutory 
 age rely on contributory negligence to 
 defeat liability for personal injury to 
 latter. 12 L.R.A. (N.S.) 461; 20 L.R.A. 
 (N.S.) 876; 48 L.R.A. (N.S.) 667. 
 
 Presumption and burden of proof as to ca- 
 pacity of minor servant to comprehend 
 and 'avoid danger. 29 L.R.A. (N.S.) 
 487. 
 
 Does the fact that a minor was working in 
 violation of a statute forbidding his 
 employment prevent a recovery by him 
 for personal injuries. 48 L.R.A. (N.S.) 
 675. 
 
 125. Disobedience of master's rules, 
 as. 
 
 Master's duty as to rules and regulations, 
 see supra, 71. 
 
 Duty of the servant in regard to the rules 
 
 promulgated by his employer. 43 
 L.R.A. 350. ' 
 
 Consult also L.R.A. Digests of Cases. 57 
 
 MASTER AND SERVANT, III. c cont'd 
 
 Rules binding on employees. 24 L.R.A. 657. 
 
 Examples. 24 L.R.A. 657. 
 
 In going without previous notice under or 
 between cars liable to be moved at any 
 time. L.R.A.1918C, 380. 
 
 Exceptions. 24 L.R.A. 658. 
 
 Notice. 24 L.R.A. 658. 
 
 The rule must not have been waived. 24 
 L.R.A. 659. 
 
 The disobedience must be unnecessary. 24 
 L.R.A. 661. 
 
 The rule must be applicable. 24 L.R.A. 661. 
 
 The disobedience must contribute to the in- 
 jury. 24 L.R.A. 662. 
 
 Wilful injury. 24 L.R.A. 662. 
 
 Reasonableness of rule. 24 L.R.A. 662. 
 
 How the rules are construed. 24 L.R.A. 
 662. 
 
 Evidence. 24 L.R.A. 662. 
 
 Question for court or jury. 24 L.R.A. 662. 
 
 Violation of rule which conflicts with other 
 rules or orders as contributory negli- 
 gence. 9 L.R.A. (N.S.) 972. 
 
 Liability to servant in charge of a train 
 or car as affected by his duty to keep 
 schedule time. L.R.A.1916E, 268. 
 
 Contributory negligence in disobeying rule 
 in obedience to orders of superior. 8 
 L.R.A. ( N.S. \ 90. 
 
 126. Obeying command. 
 
 Servant's duty to obey master's orders, see 
 supra, 4. 
 
 Master's liability for injuries received in 
 obeying direct command, see supra, g 
 70.* 
 
 Assumption of risk by servant obeying or- 
 ders, see supra, 117. 
 
 Contributory negligence of employee in 
 obeying direct command. 30 L.R.A. 
 (N.S.) 441. 
 
 View that direct command maltes con- 
 tributory negligence question of fact 
 only. 30 L.R.A. (N.S.) 442. 
 
 Rationale of servant's right to rely on 
 master's direct command. 48 L.R.A. 
 750. 
 
 When contributory negligence not predi- 
 cated on compliance with direct order. 
 48 L.R.A. 755. 
 
 When direct orders will not justify serv- 
 ant's obedience. 48 L.R.A. 763.' 
 
 Specific command from master no excuse 
 unless servant's act was induced there- 
 by. 48 L.R.A. 764. 
 
 Negligence as to manner of carrying out 
 master's direct command. 48 L.R.A. 
 764. 
 
 Servant's disobedience of rule in obedience 
 to orders of superior. 8 L.R.A. (N.S. ) 
 90. 
 
 Misunderstanding of order. 4 L.R.A. (N.S.) 
 407. 
 
 127. servant's reliance on orders 
 as contributory negligence. 
 
 Question of law or fact. 17 L.R.A. 604. 
 Setting servant at dangerous work outside 
 
 of the scope of employment. 17 L.R.A. 
 
 604.
 
 893 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, III. c cont'd 
 Seamen. 17 L.R.A. 606. 
 Emergency or h'urry. 17 L.R.A. 606. 
 Assurance of safety. 17 L.R.A. 606. 
 
 128. In entering or remaining in 
 employment. 
 
 When the servant's action is barred. 49 
 L.R.A. 33. 
 
 Relation between the defenses of assump- 
 tion of risks and contributory neg- 
 ligence. 49 L.R.A. 49. 
 
 129. effect of master's assurance 
 of safety. 
 
 Effect of assurance of safety given by the 
 master or a coservant. 48 L.R.A. 542. 
 
 130. effect of master's promise to 
 repair or remove dangerous condi- 
 tion. 
 
 Contributory negligence as matter of law 
 notwithstanding master's promise 
 to repair where danger is great 
 and imminent. 29 L.R.A. (N.S.) 
 601. 
 
 Continuing work after master's promise to 
 remove specific cause of danger as 
 contributory negligence. 40 L.R.A. 
 L.R.A. 786. 
 
 Servant's right to rely on master's promise 
 to discharge incompetent or careless 
 fellow servant. 10 L.R.A. (N.S.) 1043; 
 47 L.R.A.(N.S.) 1220. 
 
 131. Performing duties outside scope 
 of employment. 
 
 Contributory negligence as defense where 
 injuries received in performance of 
 duties outside of original contract. 48 
 L.R.A. 806. 
 
 Absence of compulsion as essential element 
 of contributory negligence in perform- 
 ing duties outside scope of original em- 
 ployment. 48 L.R.A. 808. 
 
 d. Fellow servants. 
 1. In general, 
 (a) Generally. 
 
 132. Generally. 
 
 Imputing knowledge of fellow servant to 
 
 master, see supra, 68. 
 Master's duty as to selection and retention 
 
 of fellow servants, see supra, 104, 
 
 105. 
 Master's duty to employ sufficient number 
 
 of fellow servants, see supra. 106. 
 Master's liability for injury due to negli- 
 gence of fellow servant in mine, see 
 
 MINES, 41. 
 Imputing fellow servant's negligence to 
 
 master, see NEGLIGENCE, 45. 
 Question for jury as to master's liability 
 
 for fellow servant's negligence, see j 
 
 TRIAL, 41. 
 
 Effect of fellow servant rule on applicability 
 of rule res ipsa loquitur as between 
 master and servant. L.R.A. 1917E, 52. 
 
 Begin with this book on every laiv question. 
 
 MASTER AND SERVANT, III. d, 1 (a) 
 
 cont'd 
 Effect of inference of negligence of fellow 
 
 servant on applicability of rule res ipsa 
 
 loquitur in case of injury to servant by 
 
 explosion. L.R.A.1917E, 194, 208, 215, 
 
 232, 241, 249. 
 Imputing servant's negligence to fellow 
 
 servant. 8 L.R.A. (N.S.) 631; L.R.A. 
 
 1915A, 762. 
 Conflict of laws as to fellow-servant rule. 
 
 56 L.R.A. 219. 
 Rule when dangerous condition is due to 
 
 act of fellow servant. 41 L.R.A. 54. 
 Right of servant to rely on promise of mas- 
 
 ter to discharge incompetent or careless 
 
 fellow servant. 10 L.R.A. (N.S.) 1043; 
 
 47 L.R.A. (N.S.) 1220. 
 Duty of instruction considered with refer- 
 
 ence to the doctrine of common em- 
 
 ployment. 44 L.R.A. 86. 
 Liability of master as affected by inability 
 
 of fellow servant to understand Eng- 
 
 lish. 20 L.R.A. (N.S.) 39. 
 Overwork of servant as affecting master's 
 
 liability for injurv to him or another 
 
 servant. 13 L.R.A. (N.S.) 1214; 4.> 
 
 L.R.A.(N.S.) 372. 
 Liability of master for injury to vice prin- 
 
 cipal by negligence of servant. 23 
 
 L.R.A. (N.S.) 301. 
 Master's liability as affected by restrictions 
 
 upon his freedom of selection and su- 
 
 perintendence of employees by labor or- 
 
 ganizations. 3 L.R.A.'(N.S.j 1105. 
 Master's duty to inspect tools belonging to 
 
 fellow workman. 1 L.R.A. (N.S.) 9.~>0. 
 Contributory negligence in disobey i.ig rule 
 
 in obedience to orders of superior. 8 
 
 L.R.A.(N.S.) 90.. 
 Burden of proving contributory negligence 
 
 under fellow-servant act. 33 T ...R.A. 
 
 (N.S.) 1219. 
 Possible inference that accident to servant 
 
 was due to negligence of fellow servant. 
 
 6 L.R.A. (N.S.) 354. 
 Evidence of fellow servant's character. 14 
 
 L.R.A.(N.S.) 757. 
 Personal liability of servant for injury to 
 
 fellow servant. 28 L.R.A. 440. 
 
 (It) Concurrent ne(/lifjence of master 
 and fellow servant. 
 
 133. Generally. 
 
 Negligence of fellow servant concurring 
 with failure of the master to establish 
 or enforce proper rules or regulations 
 for conduct of business. 4 L.R.A.(N.S. ) 
 536. 
 
 Master's liability for injury to employee 
 caused by defective elevator and negli- 
 gence of fellow servant. 2 L.R.A. 
 (N.S.) 047. 
 
 134. Relation of proximate cause 
 doctrine to master's liability for in- 
 juries to servant from. 
 
 of proximate cause doctrine to 
 master's liability for injuries to 
 servant from combined negligence 
 of himself and fellow servant. 16 
 L.R.A. 819.
 
 INDEX TO L.R.A. NOTES; 
 
 MASTER AND SERVANT, III. d, 1 cont'd 
 
 (c) Fellow-servant rule as affected by 
 
 statute. 
 
 135. Generally. 
 
 Validity of statute abrogating fellow-serv- 
 ant rule. 12 L.R.A.(N.S.) 1040; 47 
 L.R.A.(N.S.) 84. 
 
 State statute modifying fellow-servant rule 
 as an interference with interstate com- 
 merce. 15 L.R.A. (N.S.) 134. 
 
 Abrogation of defense of fellow-servant doc- 
 trine bv Federal employers' liability 
 act. 47" L.R.A. (N.S.) 60; L.R.A.1015O, 
 65. 
 
 Abrogation of fellow servant rule by Work- 
 men's Compensation Act. L.R.A. 1917D, 
 57. 
 
 Employees and employments within the pur- 
 view of statutes abrogating the 
 fellow-servant rule. 47 L.R.A. 
 (N.S.) 113. 
 
 Is a street or interurban railway affected 
 by abrogation of fellow-servant rule as 
 to "railroads." 17 L.R.A. (N.S.) 117. 
 
 Applicability to pri.vate railroad, of enact- 
 ment abrogating fellow-servant rule as 
 to "railroads." 15 L.R.A. (N.S.) 479; 
 45 L.R.A.(N.S.) 841. 
 
 What constitutes operation of railioad un- 
 der statutes abrogating fellow-servant 
 rule for railroads. 1 L.R.A. (N.S.) C96. 
 
 Is the work of a section gang "connected 
 with the use and operation" of the rail- 
 road, within the meaning of fellow 
 servant statute. 6 L.R.A. (N.S.) 452. 
 
 What is a railroad hazard within statutes 
 abolishing or restricting fellow- 
 servant rule as to railroad em- 
 ployees. 18 L.R.A.(N.S.) 478; 22 
 L.R.A.(N.S.) 969. 
 
 Train employee charged with duty of sig- 
 naling engineer as vice principal under 
 the employers' liability acts. 52 L.R.A. 
 (X.S.) 1142. 
 
 Hand car as a car within meaning of stat- 
 ute. L.R.A.1915A, 817. 
 
 (d) Who are fellow servants generally. 
 
 13 6. .Generally. 
 
 Who are fellow servants on vessel, see SHIP- 
 PING, 11. 
 Question for jury as to, see TRIAL, 27. 
 
 Generally. 4 L.R.A. 793;'* 7 L.R.A. 500;* 
 18 L.R.A. 792." 
 
 Servants not on duty. 18 L.R.A. 797. 
 
 As affected by legislation. 18 L.R.A. 797. 
 
 Common service. 18 L.R.A. 817. 
 
 Employee's assistant as fellow servant of 
 other employees. 43 L.R.A. (N.S.) 186. 
 
 Servants in mine as. 50 L.R.A. 437, 461. 
 
 Common laborers and persons engaged in 
 blasting as fellow servants. 20 L.R.A. 
 (N.S.) 1180. 
 
 Liability of railway company for injury to 
 its servants by negligence of union de- 
 pot employees. 13 L.R.A. (N.S.) 1196. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, III. d, 1 (d) - 
 
 cont'd 
 
 Operatives employed in industrial plant a?" 
 fellow servants of employees engaged 
 in operation of private railroad con- 
 ducted in connection therewith. 20'' 
 L.R.A. (N.S.) 354. 
 
 Operator of elevator or other hoisting ap~- 
 paratus as fellow servant of other 
 employees of the establishment. 41 
 L.R.A' (N.S.) 156. 
 
 Who are fellow servants of linemen when 
 no question of vice principal is in- 
 volved. 30 L.R.A. (N.S.) 48. 
 Train employees as fellow servants of em- 
 ployees being carried to or from 
 their work on the train. 52 L.R.A. 
 (N.S.) 1106. 
 
 Applicability of fellow-servant rule as be- 
 tween trainmen and other railway em- 
 ployees. 52 L.R.A. (N.S.) 1084. 
 Persons operating train as fellow servants 
 of watchman or flagman injured there- 
 by. 48 L.R.A. (N.S.) 155. 
 Employee throwing object from train in 
 course of his duty as fellow servant of 
 employee struck thereby. 52 L.R.A. 
 (N.S.) 1117. 
 
 137. Servant of employer and serv- 
 ant of contractor. 
 
 Servant of employer and servant of con- 
 tractor as fellow servants. 17 
 L.R.A.(N.S.) 334. 
 
 (e) For u-liat arts of fellow servant 
 master is liable. 
 
 138. Generally. 
 
 For what acts of superior servant master 
 is liable, see infra, 151, 152. 
 
 Dependent on question of vice principal- 
 ship, see infra, 155-162a. 
 
 What duties are delegable to fellow servant, 
 see infra, 163-369. 
 
 Liability of master for injuries inflicted up- 
 on an employee maliciously or in sport 
 by other employees. 34 L.R.A. (N.S. )> 
 109: 52 L.R.A. (N.S.) 8804 'L.R.A. 
 1918A, 11. 
 
 Liability of employer for injury to em- 
 ployee by air forced into body by other- 
 employees.* L.R.A.1918E. 508. 
 
 Recovery under Workmen's Compensation' 
 Act for injuries caused by sportive acts. 
 L.R.A.1918E, 504. 
 
 2. Common employment, apart from: 
 statute, where no question as to> 
 vice prineipalship. 
 
 % 139. Generally. 
 
 In general. 50 L.R.A. 437. 
 
 Relation between doctrine of common em- 
 ployment and master's duty to promul- 
 gate rules. 43 L.R.A. 342. 
 
 Duty of instructing servant considered with 
 reference to doctrine of common mi- 
 ployment. 44 L.R.A. 86. 
 
 What constitutes common employment. 18 
 L.R.A. 793. 
 
 What constitutes common service. 18> 
 .L.R.A. 817.
 
 900 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, III. d, 2 cont'd i MASTER AND SERVANT, III. d, 2 cont'd 
 
 140. Servants working outside scope 
 of employment. 
 
 Doctrine of common employment qualified 
 as to servants working outside of scope 
 of employment. 48 L.R.A. 805. 
 
 141. Theory that community of em- 
 ployment depends solely on whether 
 delinquent servant's negligence was 
 a risk contemplated by the In- 
 jured servant. 
 
 Generally. 50 L.R.A. 422. 
 
 Diversity of duties or departments not 
 sufficient to exclude defense of common 
 employment. 50 L.R.A. 426. 
 
 Contiguity a material, though not decisive, 
 factor. 50 L.R.A. 427. 
 
 Illustrative cases of common employment. 
 
 50 L.R.A. 429. 
 
 Railway work. 50 L.R.A. 429; 52 
 L.R.A(N.S.) 1084, 1111, 1127. 
 
 Disconnection of duties, when so great as 
 to negative implied acceptance of the 
 
 risk of a fellow 
 50 L.R.A. 439. 
 
 servant's negligence. 
 
 142. Theory that common employ- 
 ment depends on identity of depart- 
 ments or work or consociation of 
 duties. 
 
 Identity of department as a test, generally. 
 50' L.R.A. 442. 
 
 Consociation of duties, as a test of common 
 employment. 50 L.R.A. 444. 
 
 Relation between the theories of nonassign- 
 able duties and consociation of duties. 
 50 L.R.A. 448. 
 
 Difference of identity of department not 
 necessarily conclusive under the conso- 
 ciation doctrine. 50 L.R.A. 449. 
 Some secondary results of the consociation 
 doctrine have been noted in the de- 
 cisions. 50 L.R.A. 451. 
 
 Consociation primarily a question of fact 
 for the jury. 50 L.R.A. 452. 
 
 Criticisms of the doctrine of consociation. 
 50 L.R.A. 453. 
 
 Departmental theory as affecting different 
 classes of workmen operating or using 
 machinery, or in building a structure. 
 1 L.R.A.(N.S.) 682. 
 
 Trainmen and other railway employees gen- 
 erally. 52 L.R.A.(N.S.) 1084. 
 
 Train employees and employees being car- 
 ried to or from their work on the train. 
 52 L.R.A. (N.S.) 1111. 
 
 Telegraph operators and train 'employees. 
 52 L.R.A.(N.S.) 1127. 
 
 143. Common employment consid- 
 
 i- ered with reference, to continuity 
 
 of relation of master and servant. 
 
 Generally. 50 L.R.A. 461. 
 
 Control by the master at the time of the in- 
 
 jury, the ultimate determinative factor. 
 50 L.R.A. 462. 
 
 Positions of servants while being transport- 
 ed on vehicles belonging to their em- j 
 ployers. 50 L.R.A. 462. General statement. 
 
 Begin ivith tJiis Itoole on every la\v question. 
 
 Payment or nonpayment of fare not neces- 
 sarily decisive for or against the serv- 
 ant's right to recover. 50 L.R.A. 467. 
 
 Special bargain, whether rights of a pas- 
 senger may be conferred by. 50 L.R.A. 
 467. 
 
 Position of servants while entering or leav- 
 ing the premises of their emplovers on 
 foot. 50 L.R.A. 468. 
 
 3. Vice principal; superior servant, 
 (a) In general. 
 
 144. Generally. 
 
 Who are vice principals on vessel, see SHIP- 
 PING, lla. 
 
 Liability of master for assault by superior 
 on inferior servant in the way of dis- 
 cipline. 8 L.R.A.(N.S.) 798. 
 
 Negligent superiors as fellow servants. 18 
 L.R.A. 823. 
 
 Superior employees as fellow servants. 18 
 L.R.A. 827. 
 
 Starting machinery as act of vice principal 
 or fellow servant. 46 L.R.A. (N.S.) 
 766. 
 
 Train employees charged with duty of sig- 
 naling engineer as vice principal under 
 the employers' liability acts. 52 L.R.A. 
 (N.S.) 1142. 
 
 (It) Considered with reference to rank 
 of superior servant. 
 
 145. Generally. 
 
 Generally. 51 L.R.A. 513. 
 Mere inequality of rank, significance of. 
 Usually held not to warrant inference 
 that the superior servant is a vice 
 principal. 51 L.R.A. 515. 
 Summary of the effect of the decisions in 
 each jurisdiction with regard to 
 the relation of supervising em- 
 ployees to their subordinates. 51 
 L.R.A. 602. 
 
 Master's liabilty as affected by superior 
 rank of employee whose negligence in 
 preparation or structural modification 
 of instrumentalities causes injury to 
 fellow servant. 54 L.R.A. 147. 
 
 146. Doctrine that vice principalship 
 is not deducible merely from pos- 
 session of power of control over 
 injured servant. 
 
 General statement. 51 L.R.A. 517. 
 
 Rationale of the doctrine. 51 L.R.A. 518. 
 
 Qualification of the doctrine in cases where 
 an order takes a servant outside the 
 original scope of his employment. . 51 
 L.R.A. 520. 
 
 Power of hiring and discharging subordi- 
 nates, significance of. 51 L.R.A. 520. 
 
 Application of the doctrine to the various 
 
 grades of supervising employees. 
 L.R.A. 522. 
 Illustrative cases. 51 L.R.A. 525. 
 
 51 
 
 147. Doctrine that all superior serv- 
 ants are vice principals as regards 
 their subordinates. 
 
 51 L.R.A. 539.
 
 INDEX TO L.R.A. NOTES. 
 
 901 
 
 MASTER AND SERVANT, III. d, 3 (b) 
 cont'd 
 
 Relation of the superior-servant doctrine 
 to the doctrine that the head of a de- 
 partment is a vice principal. 51 L.R.A. 
 541. 
 
 Rationale of the doctrine. 51 L.R.A. 542. 
 
 What constitutes the exercise of control 
 within the meaning of the doctrine. 51 
 L.R.A. 547. 
 
 Existence or absence of a, power to hire and 
 discharge subordinates; significance of. 
 51 L.R.A. 548. 
 
 Illustrative cases. 51 L.R.A. 550. 
 
 148. Relation of general managing 
 agent to his subordinates. 
 
 Doctrine that a general manager is a vice 
 principal. 51 L.R.A. 556. 
 
 Rationale of the doctrine. 51 L.R.A. 562. 
 
 Doctrine that a general manager is not a 
 vice principal. 51 L.R.A. 564. 
 
 Opposing theories reviewed. 51 L.R.A. 569. 
 
 148a. Relation of employees in 
 charge of departments to their 
 subordinates. 
 
 General statement. 51 L.R.A. 572. 
 Rationale of the master's liability for the 
 negligence of a departmental manager. 
 
 51 L.R.A. 574. 
 
 Limits of the doctrine of departmental con- 
 trol. 51 L.R.A. 574. 
 
 Supervising employees held to be heads of 
 departments. 51 L.R.A. 577. 
 
 Supervising employees held not to be heads 
 of departments. 51 L.R.A. 583. 
 
 149. Train despatcher, telegraph op- 
 erator and block signal operators 
 as fellow servants of trainmen. 
 
 Train despatcher as fellow servant at com- 
 mon law of train employees. 25 L.R.A. 
 386; 7 L.R.A. (N.S.) 651. 
 
 Train despatchers as vice principals. 54 
 L.R.A. 91. 
 
 Telegraph operator as fellow servant of 
 trainmen. 25 L.R.A. 393; 50 L.R.A. 
 429; 52 L.R.A. (N.S.) 1123. 
 
 Block-signal operators as fellow servants of 
 trainmen. 52 L.R.A. (N.S.) 1127. 
 
 150. When conductor deemed co- 
 servant of other railway employees. 
 
 In general. 46 L.R.A. 337. 
 
 Doctrine that a conductor is a coservant of 
 a subordinate because both are en- 
 gaged in the same general business. 
 46 L.R.A. 337. 
 
 Circumstances constituting a conductor a 
 vice principal as to subordinates. 
 46 L.R.A. 339. 
 
 Relation of conductor to employees other 
 than those under his control. 46 
 L.R.A. 357. 
 
 Relation of conductor to servants working 
 on or near the track. 46 L.R.A. 360; 
 
 52 L.R.A.(N.S.) 1085. 
 
 Conductors pro hac vice, position of. 46 
 L.R.A. 361. 
 
 Liability of the -master where the conduc- 
 tor is the injured servant. 46 L.R.A. 
 362. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, III. d, 3 (b) 
 cont'd 
 
 151. For what acts of superior serv- 
 ant master is liable. 
 
 No responsibility as to matters beyond the 
 scope of the authority of the superior 
 servant. 51 L.R.A. 584. 
 
 Distinction between official and nonpfficial 
 acts of supervising employees. 51 
 L.R.A. 586. 
 
 Breach of nondelegable duties by any su- 
 perior servant, master liable for. 51 
 L.R.A. 588. 
 
 Issuance of orders deemed to be an of- 
 ficial act. 51 L.R.A. 590. 
 Failure to protect subordinates from tran- 
 sitory dangers deemed to be official 
 negligence. 51 L.R.A. 592. 
 Theory that a vice principal does not rep- 
 resent the master except in so far 
 as he is discharging some nondele- 
 gable duty. 51 L.R.A. 593. 
 Theory that a vice principal represents the 
 master, even when he participates in 
 manual labor. 51 L.R.A. 597. 
 Discussion of the doctrine of the dual ca- 
 pacity of vice principals. 51 
 L.R.A. 599. 
 
 152. Statutory liability for negli- 
 gence of employees exercising 
 superintendence. 
 
 In general. 58 L.R.A. 33. 
 
 Conditions precedent to recovery by the 
 servant, generally. 58 L.R.A. 34. 
 
 What employees are superintendents. 58 
 L.R.A. 34. 
 
 Employees controlling machinery; position 
 of. 58 L.R.A. 39. 
 
 Master liable though injured servant was 
 not under the control of the negligent 
 employee. 58 L.R.A. 39. 
 
 Deputy superintendents, liability for negli- 
 gence of. 58 L.R.A. 40." 
 
 Necessity of proving that the injurious act 
 Avas negligent. 58 L.R.A. 41. 
 
 Acts constituting negligence in the exercise 
 of superintendence. 58 L.R.A. 44. 
 
 Statutory liability of employers for the neg- 
 ligence of superintendents while partic- 
 ipating in the work. 58 L.R.A. 47 ; 16 
 L.R.A.(N.S.) 146;. 21 L.R.A. (N.S.) 601. 
 
 Liability of master for negligence of super- 
 vising employee employed pursuant to 
 statute. 40 L.R.A. (N.S!) 945. 
 
 Liability of master for negligence of super- 
 vising employee in mine for acts done 
 outside the scope of his statutory duty. 
 48 L.R.A.(N.S.) 938. 
 
 (c) Vice principalship as determined 
 with reference to character of act 
 causing injury; delegation of duty. 
 
 (1) In general. 
 
 g 153. Generally. 
 
 Generally. 54 L.R.A. 37. 
 
 Section foreman as fellow servant of mem- 
 bers of crew with respect to oper- 
 ation of hand car. 20 L.R.A. (N.S.) 
 434.
 
 902 
 
 INDEX TO L.E.A. NOTES. 
 
 MASTER AND SERVANT, III. d, 3(c), (1) 
 eont'd 
 
 A servant charged with the duty to warn 
 other servants of danger as a vice prin- 
 cipal. 4 L.R.A.(N.S.) 1161. 
 
 ; 154. As to linemen. 
 
 jfellovv servants of lineman as dependent up- 
 on existence of vice principalship. 
 30 L.R.A.(N.S.) 49, 
 
 \2) Liability of master for negligence 
 of cosevvant. 
 
 155. Generally. 
 
 Master's liability for injuries caused by in- 
 compctency of fellow servant, see supra, 
 105. 
 
 Effect of fellow servant's drunkenness, see 
 DBUXKENNESS, 9. 
 
 Liability for negligence of fellow servant 
 causing explosion. 29 L.R.A. 358. 
 
 Liability of master for negligence of mine 
 boss outside the scope of his statutory 
 duties. 11 L.R.A.(N.S.) 840. 
 
 Master's liability for injury to servant 
 through dangerous condition due to 
 act of fellow servant. 41 L.R.A. 54. 
 
 Statutory liability of employers for negli- 
 gence of superintendents while partici- 
 pating in the work. 58 L.R.A. 47; 16 
 L.R.A. (X.S.) 146; 21 L.R.A. (N.S.) 601. 
 
 Liability of railway companies for negli- 
 gence of servants who transmit orders 
 or see that they are carried out. 54 
 L.R.A. 95. 
 
 Master's liability for injuries due to co- 
 servant's violation of rules. 43 L.R.A. 
 373. 
 
 Master's liability for injury done by serv- 
 ant to fellow servant in use of danger- 
 ous agency placed in his custody. 10 
 L.R.A.(N t S.) 371. 
 
 Negligence of servant jn sending out unsafe 
 street cars causing injury to other 
 servants. 1 L.R.A. (N.S.) 670. 
 
 .Liability dependent on nature of negligent 
 act of so-called train despatcher. 7 
 L.R.A. (N.S.) 656. 
 
 156. Liability for any negligence in- 
 volving breach of one of his per- 
 sonal duties. 
 
 Generally. 54 L.R.A. 40. 
 
 Various forms in which the master's re- 
 sponsibility is stated. 54 L.R.A. 40. 
 
 Subsidiary consequences deduced from the 
 general principle. 54 L.R.A. 45. 
 
 Rationale of the doctrine of nondelegable 
 duties. 54 L.R.A. 46. 
 
 Master sometimes liable both on account of 
 the character of the negligent act and 
 the official position of the negligent 
 servant. 54 L.R.A. 51. 
 
 Doctrine of nondelegable duties applicable 
 to artificial persons. 54 L.R.A. 51. 
 
 Servants of contractors, when precluded 
 from availing themselves of the doc- 
 trine in actions against their masters; 
 54 L.R.A. 51. 
 
 Begin with tliis boolc on every law question 
 
 MASTER AND SERVANT, III. d, 3 (c) (2) 
 eont'd 
 
 Delegation of personal duties to an inde- 
 pendent contractor, effect of. 54 L.R.A. 
 52; 20 L.R.A. (N.S.) 793. 
 
 Same subject continued; opposing doc- 
 trines discussed. 54 L.R.A. 55. 
 
 Massachusetts doctrine not identical with 
 that of other states. 54 L.R.A. 56. 
 
 Servants may act in a dual capacity. 54 
 L.R.A. 59. 
 
 Pleading. 54 L.R.A. 61. 
 
 Burden of proof. 54 L.R.A. 61. 
 
 Propriety of instructions. 54 L.R.A. 62. 
 
 Functions of court and jury. 54 L.R.A. 63. 
 
 157. Nonliability for negligence in 
 respect to details of the work. 
 
 Generally. 54 L.R.A. 106. 
 
 Supervision of details not a master's duty. 
 54 L.R.A. 108. 
 
 Merely transitory perils; master not bound 
 to protect the servant against. 54 
 L.R.A. 109. 
 
 Dangers caused by the progress of the 
 work ; master ' not bound to protect 
 servant against. 54 L.R.A. 109. 
 
 Preparation or care of instrumentalities; 
 master not responsible for, where these 
 functions are a part of the work to be 
 done. 54 L.R.A. 110. 
 
 Negligent use of safe appliances by fellow 
 servant; master not responsible for. 
 54 L.R.A. 111. 
 
 Rationale of doctrine exempting master 
 from liability for negligence in carry- 
 ing out the detaila of the work. 54 
 L.R.A. 112. 
 
 Pleading. 54 L.R.A. 114. 
 
 Instructions. 54 L.R.A. 114. 
 
 Functions of court and jury in passing upon 
 evidence. 54 L.R.A. 114. 
 
 Explanation of classification of the cases 
 cited in the ensuing sections. 54 
 L.R.A. 115. ; 
 
 158. Nonliability for negligence in- 
 volving merely the use of the in- 
 strumentalities. 
 
 Orders respecting the use of the instru- 
 mentalities. 54 L.R.A. 1J6. 
 
 Choice of particular methods of work. 54 
 L.R.A. 117. 
 
 Disposition of the force of employees avail- 
 able for the work in hand. 54 L.R.A. 
 117. 
 
 Assigning servants to work for which they 
 are unfitted. 54 L.R.A. 118. 
 
 Negligence in sending servants into abnor- 
 mally dangerous places without warn- 
 ing. * 54 L.R.A. 118. 
 
 Failing to warn servants as to dangers aris- 
 ing from the execution of the details of 
 the work. 54 L.R.A. 120, 
 
 Absence from the post of duty. 54 L.R.A. 
 121. 
 
 Selecting an imperfect appliance from the 
 stock available. 54 L.R.A. 121. 
 
 Failing to use the instrumentalities fur- 
 nished by the master. 54 L.R.A. 122. 
 
 Negligence in failing to discard a defective 
 for a suitable instrumentality. 54 
 L.R.A. 123.
 
 INDEX TO L.R.A. NOTES. 
 
 903 
 
 MASTER AND SERVANT, III. d, 3 (c), 
 
 (2) cont'd 
 
 Using instrumentalities in a manner not 
 contemplated nor authorized by the 
 master. 54 L.R.A. 123. 
 Giving of signals. 54 L.R.A. 124. 
 Negligence in carrying out the express 
 orders or regulations of the mas- 
 ter. 54 L.R.A. 125. 
 
 Failure to give instructions. 54 L.R.A. 127. 
 Negligence in manipulation of the instru- 
 mentalities during the progress of 
 the work. 54 L.R.A. 127. 
 Negligence in the transmission of the mas- 
 ter's orders to other servants. 54 
 L.R.A. 134. 
 
 159. Nonliability for negligence in 
 preparation or structural modifica- 
 tion of instrumentalities or tlieir 
 parts. 
 
 Negligence which produces structural un- 
 safety of a temporary character. 
 54 L.R.A. 137. 
 
 Negligence in failing to adjust or, secure 
 instrumentalities or their parts while 
 in use. 54 L.R.A. 140. 
 
 Negligence in the preparation of temporary 
 structures or other instrumentali- 
 ties as a part of the work; general 
 rule. 54 L.R.A. 142. 
 
 Rationale and limits of a master's exemp- 
 tion from liability for the adjustment 
 or preparation of instrumentalities. 54 
 L.R.A. 144. 
 
 Special circumstances not affecting the ex- 
 tent of the master's liability. 54 
 L.R.A. 147. 
 
 When the delinquency is deemed not to be 
 in respect to the details of the work. 
 54 L.R.A. 150. 
 
 Appliance furnished by the master in per- 
 son. 54 L.R.A. 150. 
 
 Implied undertaking to supply instru- 
 mentality in a completed condition. 54 
 L.R.A. 150. 
 
 Suitable materials not furnished. 54 L.R.A. 
 152. 
 
 Servants not left free as to the selection of 
 the materials. 54 L.R.A. 152. 
 
 Permanent character of the instrumentality 
 relied upon. 54 L.R.A. 152. 
 
 Adjustment treated as a nondelegable func- 
 tion. 54 L.R.A. 152. 
 
 Operation not one of the transitory class. 
 54 L.R.A. 152. 
 
 Master's liability for failure of employees 
 exercising superintendence to furnish 
 proper appliances. 58 L.K.A. 46. 
 
 8 160. Liability for injuries due to de- 
 fects in appliances prepared by 
 fellow servants. 
 
 Duty of master to furnish safe appliances 
 as affected by fact that defective 
 appliances are prepared by fellow 
 servants. 3 L.R.A. (N.S.) 500; 4 
 L.R.A.(N.S.) 220. 
 
 Consult also L.R.A. J)i<jef>ts of Cnfcs. 
 
 MASTER AND SERVANT, III. d, 3 (c), 
 
 (2) cont'd 
 161. Nonliability for negligence of 
 
 coservants charged with duty of 
 
 keeping instrumentalities in proper 
 
 condition. 
 Theory that a master is never liable for 
 
 negligence in regard to inspection and 
 
 repairs. 54 L.R.A. 153. 
 Theory that the liability of the master de- 
 pends on- the subject-matter of the 
 inspection or repairs neglected. 54 
 L.R.A. 156. 
 Master liable where the delinquent servant 
 
 was engaged in a different class of 
 
 work. 54 L.R.A. 162. 
 Negligence in failing to replace an unsound 
 
 by a sound appliance, when master not 
 
 liable for. 54 L.R.A. 162. 
 All employees engaged in repairing regard- 
 ed as coservants of each other. 54 
 
 L.R.A. 163. 
 
 162. Doctrine as to details of work 
 no protection to master, -when his 
 own negligence or that of a vice 
 principal, was an efficient cause of 
 the injury. 
 
 Master liable where he or his vice principal 
 directed the details of the work. 54 
 L.R.A. 164. 
 
 Master liable where his own negligence 
 intervenes as a proximate cause be- 
 tween a delinquent coservant's negli- 
 gence and the injury. 54 L.R.A. 165. 
 Master liable where his own antecedent 
 negligence and a subsequent delinquen- 
 cy of a coservant are both efficient 
 causes of the injury. 54 L.R.A. 167. 
 Illustrative cases as to concurrent negli- 
 gence. 54 L.R.A. 168. 
 
 Master's liability determined with reference 
 to the question whether the Co- 
 servant's delinquency did or did 
 not break the chain of causation. 
 54 L.R.A. 174. 
 
 162a. Railroad cases. 
 
 Master's nonliability for coservant's negli- 
 gence in respect to defects in railway 
 tracks. 54 L.R.A. 137. 
 
 Master's nonliability for coservant's negli- 
 gence in respect to inspection and re- 
 pair of railway tracks. 54 L.R.A. 158. 
 
 Master's nonliability for coservant's negli- 
 gence in inspection and repair of 
 rolling stock. 54 L.R.A. 158. 
 
 Master's nonliability for coservant's negli- 
 gence as to inspection of loads on rail- 
 way cars. 54 L.R.A. 161. 
 
 Master's liability for coservant's negligence 
 in respect to defective roadbed or rail- 
 ways. 54 L.R.A. 169. 
 
 Master's liability for coservant's negligence 
 in respect to defective switches. 54 
 L.R.A. 170. 
 
 Master's liability for coservant's negligence 
 in respect to dangerous objects close to 
 railway tracks. 54 L.R.A. 170. 
 
 Master's liability for coservant's negligence 
 in respect to making up of trains. 51 
 L.R.A. 170.
 
 904 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, III. d, 3 (c), 
 
 (2) cont'd 
 Master's liability for coservant's negligence 
 
 in respect of defective railway car. 54 
 
 L.R.A. 171. 
 Master's liability for coservant's negligence 
 
 in respect to defective locomotives. 54 
 
 L.R.A. 171. 
 Master's liability for coservant's negligence 
 
 in respect to defective hand cars. 54 
 
 L.R.A. 172. 
 
 (3) Delegation of master's duty. 
 
 163. Generally. 
 
 Conflict of laws, as to. 56 L.R.A. 222. 
 
 Rationale of doctrine of nondelegable 
 duties. 54 L.R.A. 46. 
 
 Doctrine of nondelegable duties applicable 
 to artificial persons. 54 L.R.A. 51. 
 
 Adjustment of instrumentalities for use of 
 employees treated as a nondelegable 
 function. 54 L.R.A. 152. 
 
 Duty to use care in giving orders as non- 
 assignable duty of master. 51 L.R.A. 
 543. ' 
 
 Master's liability for breach of nondelegable 
 duties by any superior servant. 51 
 L.R.A. 588. 
 
 Nondelegable duties of employers of line- 
 men. 30 L.R.A. (N.S.) 49. 
 
 Doctrine that train despatchers are vice 
 principals. 54 L.R.A. 91. 
 
 Doctrine that train despatchers are not 
 vice principals. 54 L.R.A. 95. 
 
 Effect on master's liability to servant of 
 delegation of personal duty to inde- 
 pendent contractor. 54 L.R.A. 52; 20 
 L.R.A.(N.S.) 793. 
 
 Liability of master for injury or death of 
 servant through competent employee 
 delegating his duties to an incompe- 
 tent fellow servant. 15 L.R.A. (N.S.) 
 439. 
 
 164. As to rules and regulations. 
 
 Assignment of duty of making and publish- 
 ing rules for conduct of business. 43 
 L.R.A. 342. 
 
 Nondelegability of duty to frame rules and 
 regulations for conduct of business. 
 54 L.R.A. 86. 
 
 Master's liability for coservant's negligence 
 in seeing that regulations are carried 
 out. 54 L.R.A. 173. 
 
 165. As to warning or instructing 
 servant. 
 
 Duty to impart information as to per- 
 manent dangers normally incident to 
 the work at the time it is entered upon. 
 54 L.R.A. 96. 
 
 Duty to ' impart information as to perma- 
 nent dangers superadded to the envi- 
 ronment after the work has begun. 54 
 L.R.A. 98. 
 
 Duty to warn as to dangers of the transi- 
 tory class occasionally supervening 
 during the progress of the work. 54 
 L.R.A. 100. 
 
 Master's liability for coservant's negligence j 
 
 % in sending servants into abnormally ' 
 dangerous places without warning. 54 
 L.R.A. 118. 
 
 Begin with this 7joo/c on evert/ Imc question. 
 
 MASTER AND SERVANT, III. d, 3 (c), 
 (3) confd 
 
 Master's liability for vice principal's fa.ilure 
 to warn servants as to dangers from 
 execution of details of work. 54 L.R.A. 
 120. 
 
 Master's liability for vice principal's negli- 
 gence in failing to give instructions. 
 54 L.R.A. 127. 
 
 Master's liability for vice principal's negli- 
 gence in starting machinery without 
 warning. 54 L.R.A. 131. 
 
 Master's liability for injury due to failure 
 of superintending employee to warn 
 servant as to existence of an abnormal 
 danger. 58 L.R.A. 46. 
 
 Is the duty of the master to instruct or 
 warn servants delegable. 26 L.R.A. 
 (N.S.) 624. 
 
 Nondelegability of duty of instructing in- 
 experienced linemen. 30 L.R.A. (N.S. ) 
 50. 
 
 Is duty of railroad or street railway com- 
 pany with respect to signals or warn- 
 ings a delegable one. 54 L.R.A. 
 124; 10 L.R.A.(N.S.) 1103. 
 
 Master's liability for coservant's negligence 
 in failing to notify as to abnormal 
 dangers. 54 L.R.A. 173. 
 
 Duty to tell employee when ordered to per- 
 form special service to give warning to 
 coemployees. 1 L.R.A. (N.S.) 669. 
 
 Servant charged with duty to warn other 
 servants of danger as a vice principal. 
 4 L.R.A.(N.S.) 1161. 
 
 166. As to place and appliances. 
 
 Duties imposed by statute. 54 L.R.A. 63. 
 
 Duties to see that the unintelligent in- 
 strumentalities of the work are rea- 
 sonably safe; general rule stated. 54 
 L.R.A. 65. 
 
 Duty to see that the unintelligent instru- 
 mentalities of the work, as orig- 
 inally supplied, satisfy the -legai 
 standard of safety. 54 L.R.A. 67. 
 
 Duty to see that the unintelligent instru- 
 mentalities are maintained in a 
 suitable condition for the work to 
 be done. 54 L.R.A. 74. 
 
 Difference between the extent of a master's 
 responsibility for original supply and 
 subsequent maintenance. 54 L.R.A. 81. 
 
 Duty to see that worn-out or otherwise de- 
 fective parts of instrumentalities are 
 replaced by suitable substitutes. 54 
 L.R.A. 82. 
 
 Duty to furnish proper medical treatment 
 to sick or injured servants. 54 L.R.A. 
 83. 
 
 Master's duty to guard machinery as a 
 delegable one. ]" L.R.A. (N.S.) 568. 
 
 Delegability of master's duty to instruct or 
 warn servants as to machinery, tools, 
 or appliances. 26 L.R.A. (N.S.)" 629. 
 
 Delegability of master's duty to instruct or 
 warn servants as to working place and 
 perilous operations. 26 L.R.A. (N.S.) 
 633.
 
 INDEX TO L.R.A. NOTES. 
 
 905 
 
 MASTER AND SERVANT, III. d, 3 (c), 
 
 (3) cont'd 
 167. railroad and street railway 
 
 cases. 
 
 Nondelegable duties as to defective locomo- 
 tives. 54 L.R.A. 71, 79. 
 
 Nondelegable duties as to defective railway 
 tracks. 54 L.R.A. 75. 
 
 Nondelegable duties as to dangerous condi- 
 tions along side railway tracks. 54 
 L.R.A. 76. 
 
 Delegability of duty as to defects in bridges, 
 trestles, etc. 54 L.R.A. !). 
 
 Nondelegable duties as to keeping railway 
 cars stationary when not in use. 54 
 L.R.A. 79. 
 
 Determining the order of cars in a train as 
 a delegable duty. 18 L.R.A. (N.S.) 
 279. 
 
 Is the duty of a railroad or street railway 
 company with respect to signals or 
 warnings a delegable one; 54 L.R.A. 
 124; 10 L.R.A. (N.S.) 1103. 
 
 Delegability of duty as to method of loading 
 cars. '54 L.R.A. 78. 
 
 Nondelegable duties as to defective railway 
 cars. 54 L.R.A. 71, 79. 
 
 Duty to keep switch closed, as a delegable 
 one. 17 L.R.A. (N.S.) 542. 
 
 168. as to inspection. 
 
 Theory that master's liability depends on 
 subject-matter of inspection. 54 L.R.A. 
 156. 
 Assignability of the duty of inspection. 41 
 
 L.R.A. 109. 
 
 Nondelegability of duty to inspect instru- 
 mentalities. 54 L.R.A. 101. 
 Nondelegable duties of employers of linemen 
 as to. 30 L.R.A. (N.S.) 50. 
 
 169. As to employing fellow serv- 
 ants competency. 
 
 Nondelegability of duty to hire suitable 
 
 servants. 54 L.R.A. 83. 
 Nondelegability of duty of selecting fellow 
 
 servants of linemen. 30 L.R.A. (N.S.) 
 
 50. 
 
 169a. adequate number. 
 
 Master's liability for coservant's negligence 
 in failing to employ an adequate num- 
 ber of servants. 54 L.R.A. 173, 178. 
 
 Kondelegable duty to employ servants suffi- 
 cient in number for work in hand. 54 
 L.R.A. 85. 
 
 Liability of master for failure of foreman 
 to designate enough hands to perform 
 work. 40 L.R.A. (N.S.) 918. 
 
 IV. Liability of master to third person. 
 
 a. For acts of servants or agents. 
 . 1. In general* 
 
 170. Generally. 
 
 Liability as affected by question whether 
 relation exists, see supra, 21, 22. 
 
 Joint liability of master and servant for 
 latter's acts, see infra, 199. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, IV. a, 1 cont'd 
 
 Liability of carrier for torts of servant, see 
 CARRIERS, 10a, 14, 15a, 30-35. 53. 
 
 Criminal responsibility for acts of servant, 
 see CRIMINAL LAW, 29; INTOXICAT- 
 ING LIQUORS, 23. 
 
 Punitive damages for act; of servant, see 
 DAMAGES, 14. 
 
 Liability for injury by horse used by serv- 
 ant, see HORSES, 12. 
 
 Liability for negligence of nurse or at- 
 tendant at hospital, see HOSPITALS, 4. 
 
 Innkeeper's liability for acts of servant, see 
 INNKEEPERS, 11. 
 
 Landlord's liability for acts of tenant's serv- 
 ants, see LANDLORD AND TENANT, 61. 
 
 Employer's liability for maintenance of nui- 
 sa^nce, see NUISANCES, 13. 
 
 Liability for acts of master of vessel, sec 
 SHIPPING, 12. 
 
 Liability of vessel or owner for acts of em- 
 ployees, see SHIPPING, 13. 
 
 Master's liability for trespass, see TRES- 
 PASS, 8. 
 
 Trustee's liability for negligence of servant, 
 see TRUSTS,' 26. 
 
 Liability for acts of watchman, see WATCH- 
 MEN, 3. 
 
 Imputing servant's negligence to master. 
 8 L.R.A. (N.S.) 635; L.R.A.1915A, 763. 
 
 Liability to employees of contractor for in- 
 jury caused bv owner's servants. 26 
 L.R.A. 527. 
 
 Responsibility of owner of motorcycle for 
 its negligent operation by an employee. 
 L.R.A.1918C, 656. 
 
 Care necessary in selection of person operat- 
 ing passenger elevator. 2 L.R.A. (N.S.) 
 751; L.R.A.1915E, 726. 
 
 For wrongful appropriation by servant of 
 thing bailed. 29 L.R.A. 92. 
 
 Master's liability for injury to child invited 
 into place of danger -by employee. 4 
 L.R.A. (N.S.) 804. 
 
 Liability of master for injury to person rid- 
 ing with servant by latter's invitation 
 or permission, L.R.A.1917F, 425. 
 
 Liability of owner of vehicle for injury to 
 child invited to ride by driver. 46 
 L.R.A. (N.S.) 199. 
 
 Liability of master where servant invites 
 or permits children to ride on en- 
 gine or cars. L.R.A.1915E, 888. 
 
 When knowledge of servant as to vicious 
 character of dog chargeable to master. 
 24 L.R.A. (N.S.) 463. 
 
 Liability of master for negligent injury to 
 third person through personal contact 
 with servant. 47 L.R.A. (N.S.) 142. 
 
 Does fact that a drug clerk is a licensed 
 pharmacist relieve his employer from 
 liability for his negligence or lack of 
 skill. 39 L.R.A.(N.S.) 275. 
 
 Master's liability where result of servant's 
 abuse of authority will be serious, or 
 temptation to abuse is strong. 27 
 L.R.A. 199. 
 
 Master's liability for servant's neglect or 
 disobedience of statutory requirements. 
 27 L.R.A. 201.
 
 906 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, IV. a, 1 cont'd 
 
 Question for jury as to master's liability 
 for servant's wrongful or negligent act 
 toward third person. 27 L.R.A. 202. 
 
 Effect on master's liability for injury by 
 servant to third person, of latter's con- 
 tribution to injury. 27 L.R.A. 202. 
 
 Penal liability for act of servant. 41 L.R.A. 
 650. 
 
 Criminal responsibility for sale of intoxicat- 
 ing liquor by servant. 16 L.R.A. (N.S.) 
 786; 20 L.R.A.(N.S.) 321; 33 L.R.A. 
 (N.S.) 419. 
 
 Liability of private person or corporation 
 for acts of special police officer appoint- 
 ed by public authority. 23 L.R.A. 
 (N.S.) 289; 30 L.R.A. (N.S.) 481; 39 
 L.R.A.(N.S.) 122; 43 L.R.A.(N.S.) 
 1164; L.R.A.1915C, 1183. 
 
 Evidence of servant's character in action 
 against master. 14 L.R.A. (N.S.) 756. 
 
 171. Liability of particular kinds of 
 employers. 
 
 Liability of owner of automobile in hands 
 of servant, see AUTOMOBILES, 3. 
 
 Liability of bank for acts of officers or em- 
 ployees, see BANKS, IV. 
 
 Carrier's liability for ejection of trespasser 
 or passenger by employee, see CARRIERS, 
 30-35. 
 
 Carrier's liability for acts of employees to- 
 ward passengers, generally, see CAR- 
 RIERS, III. especially 53. " 
 
 Liability of charitable institution, see 
 CHARITIES, 12. 
 
 Liability of corporations, see CORPORATIONS, 
 38. 
 
 Liability of county, see COUNTIES, 8. 
 
 Liability of hospitals, see HOSPITALS, 4. 
 
 Liability of municipality for negligence of 
 its officers or employees, see MUNICIPAL 
 
 COEPORATIONS, 81. 
 
 Liability of school corporation for torts of 
 employees. 49 L.R.A. (N.S.) 1026. 
 
 Liability of bailee (other than a common 
 carrier or innkeeper) for theft com- 
 mitted by servant. 4 B. R. C. 562. 
 
 Liability of postmaster or mail contractor 
 for mail lost or stolen through acts of 
 subordinates. L.R.A. 1915A, 374. 
 
 Liability of union depot company for negli- 
 gence of its own or carrier's employees. 
 33 L.R.A. (N.S.) 433. 
 
 Liability of railroad company for act of 
 employee in inviting pedestrian to cross 
 train obstructing highway. 13 L.R.A. 
 (N.S.) 1071; 34 L.R.A'.(N.S.) 469; 
 L.R.A.1917E, 823. 
 
 Liability of railroad company for personal 
 injuries by object thrown from moving 
 train. 6 L.R.A. (N.S.) 581; L.R.A. 
 1917B, 916. 
 
 Personal liability of highway officers for 
 acts of their employees. 22 L.R.A. 833; 
 52 L.R.A.(N.S.) 151. 
 
 Liability of trustee for torts or negligence 
 of servants. 63 L.R.A. 227. 
 
 Master's liability for negligence in driving 
 ambulance. ' 38 L.R.A. (N.S.) 481. 
 
 MASTER AND SERVANT, IV. a, 1 cont'd 
 
 Responsibility of one hiring convict labor 
 for acts' of laborer. 12 L.R.A.(N.S.) 
 317. 
 
 Liability for personal injury caused by dis- 
 trict messenger. L.R.A V .1918D, 360. 
 
 Duty and liability for conduct of messen- 
 gers furnished for use of others. 2 
 L.R.A. (N.S.) 1091. 
 
 Duty and liability of garage keeper to own- 
 er of car for acts of servant. 45 L.R.A. 
 (N.S.) 314. 
 
 Liability of detective agency for acts of its 
 employees. L.R.A. 1918D, 575. 
 
 Liability of landlord to tenant for damage 
 by water resulting from negligence of 
 competent workmen employed by the 
 landlord. L.R.A.1917B. 229. 
 
 Responsibility of infant for tort of his 
 servant or agent. 51 L.R.A. tN.v 
 1092. 
 
 Liability of lunatic for torts of employee. 
 42 L.R.A. (N.S.) 87. 
 
 172. Assault, abuse. 
 
 Liability of carrier for assault by employee 
 on passenger, see CARRIERS. 14. 
 
 Liability for assaults bv servants. 14 
 LJR.A. 737; 27 L.R.A/196. 
 
 May assault growing out of quarrel com- 
 menced while employee is acting within 
 scope of his employment, be regarded as 
 a personal act of the employee for which 
 employer is not liable. 9 L.R.A. i N.S. ) 
 475. 
 
 Liability of master for assault by servant 
 sent to recover property. 6 L.R.A. 
 (N.S.) 567. 
 
 Liability of master for assault by servant 
 or agent in collecting debts. 51 L.R.A. 
 (N.S.) 920. 
 
 Liability of innkeeper or restaurant keeper 
 for assault by his servant upon a pa- 
 tron. 12 L.R.A.(N.S.) 1155; L.R.A. 
 1918E, 708. 
 
 Liability for assault or abuse by employees 
 at place of amusement. L.R.A. 1916E, 
 914. 
 
 Master's liability for injuries by assault 
 on employee by other employees. 52 
 L.R.A. (N.S.) 388. 
 
 Liability of master for abusive language 
 by servant toward third person. L.R.A. 
 1915F, 516. 
 
 173. Arrest, imprisonment, or ma- 
 licious prosecution. 
 
 Carrier's liability for arrest of passenger 
 by employee, see CARRIERS, 15a. 
 
 Master's liability for servant's act in caiis- 
 ing arrest, see FALSE IMPRISONMENT. 
 3- 
 
 Liability for false arrest, imprisonment, or 
 malicious prosecution by servant. 
 14 L.R.A. 791; 27 L.R.A. 195. 
 
 Liability of principal for malicious prose- 
 cution, false arrest, or false imprison- 
 ment bv agent authorized to collect a 
 debt. 51 L.R.A. (N.S.) 471. 
 
 Begin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 907 
 
 MASTER AND SERVANT, IV. a, 1 cont'd 
 Liability of master for arrest or false im- 
 prisonment by servant employed as de- 
 tective, policeman, or watchman. 4 
 L.R.A.(N.S.) 282; 28 L.R.A.(N.S.) 
 88; L.R.A.1916F, 1249. 
 
 Liability of private person or corporation 
 for acts of special police officer ap- 
 pointed by public authority. 23 L.R.A. 
 (N.S.) 280: 30 L.R.A. (N.S.) 481; 39 
 L.R.A.(N.S.) 122; 43 L.R.A. (N.S.) 
 1164; L.R.A.1915C, 1183. 
 
 174. Slander or libel. 
 
 Liability of master for slander by servant. 
 
 9 L.R.A. (N.S.) 929; L.R.A.1916E, 774. 
 
 Liability of corporation for slander by the 
 
 agent or employee. 21 L.R.A. (N.S.) 
 
 873. 
 
 Liability of employer other than proprietor 
 of publication, for libel by em- 
 ployee. L.R.A.1915D, 867. 
 Liability of corporation for libel. 
 L.R.A.1915D, 867; 6 B. R. C. 681. 
 Punitive damages for libel by servant. 48 
 L.R.A. (N.S.) 62. 
 
 175. Sportive acts. 
 
 Liability for injury to passenger by sport- 
 ive act of servant. 3 L.R.A. (N.S.) 
 605. 
 
 Master's liability for injuries inflicted on 
 employee in sport by other employees. 
 34 L.R.A. (N.S.) 109; 52 L.R.A. (N.S.) 
 385; L.R.A.1918A, 118. 
 
 Liability of employer for injury to em- 
 ployee by air forced into body by other 
 employees. L.R.A.1918E, 508. 
 
 Recovery under Workmen's Compensation 
 Act for injuries caused by sportive acts. 
 L.R.A.1918E, 504. 
 
 Liability of master for injury from the 
 sportive manner in which a servant per- 
 forms an act done in the discharge of 
 his duty. 13 L.R.A. (N.S.) 1193. 
 
 176. Malicious acts. 
 
 Master's civil responsibility for malicious 
 acts of servant towards one having no 
 claim on master by reason of contract, 
 incipient or perfected. 27 L.R.A. 184. 
 
 Liability of master for malicious act of 
 servant when master owes special 
 duty to party injured. 4 L.R.A. 
 (N.S.) 485. 
 
 Master's liability for injuries maliciously 
 inflicted on employee by other em- 
 ployees. 34 L.R.A. (N.S.) 109; 52 
 L.R.A. (N.S.) 385; L.R.A.1918A, 118. 
 
 Railroad company's liability for malicious 
 refusal of freight agent to deliver 
 freight. 7 L.R.A. (N.S.) 926. 
 
 Effect of malice on master's liability for in- 
 jury done by servant to third person in 
 use of dangerous agency placed in his 
 custody. 10 L.R.A. (N.S.) 401. 
 
 Evidence of fellow servant's malice, in ac- 
 tion by injured servant. 14 L.R.A. 
 (N.S.) 772. 
 
 177. Dangerous agency. 
 
 Liability for injury by automobile operated 
 
 by servant, see AUTOMOBILES, 3. 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, IV. a, 1 cont'd 
 Liability for injury by electricity, see ELEC- 
 TRICITY, 14. 
 
 Liability for injury by explosion, see EX- 
 PLOSIONS AND EXPLOSIVES, 8. 
 
 Liability of master for injury done by serv- 
 ant to third person in use of dan- 
 gerous agencv placed in his cus- 
 tody. 27 L.R.A. 200; .10 L.R.A. 
 (N.S.) 367. 
 
 Liability of master for act of servant in set- 
 ting out fire while clearing land. 47 
 L.R.A.(N.S.) 1116. 
 
 Responsibility of owner of motorcycle for 
 its negligent operation by an employee. 
 L.R.A.1918C, 656. 
 
 Liability of employer for injury to employee 
 by air forced into body by compressed 
 air hose in hands of other employees, 
 L.R.A.1918E, 508. 
 
 178. locomotives. 
 
 General rules. 10 L.R.A. (N.S.) 383. 
 
 Laws with reference to passengers and plat- 
 forms. 10 L.R.A. (N.S.) 384. 
 
 With reference to stranger. 10 L.R.A. 
 (N.S.) 385. 
 
 Locomotive as dangerous agency for injury 
 by which, when used by servant, master 
 is liable. 10 L.R.A. (N.S.) 372, 383, 
 399. 
 
 179. Child acting as servant. 
 
 Liability of parent as such, see PARENT AND 
 CHILD, 10. 
 
 Parent's liability for tort of minor child 
 where relation of master and serv- 
 ant exists. 10 L.R.A. (N.S.) 938. 
 
 180. Effect of servant's acts on ques- 
 tion of contributory negligence <-f 
 person injured. 
 
 Negligence in alighting from moving train 
 by direction or invitation of those iii 
 charge. 22 L.R.A.(N.S.) 751; L.R.A. 
 1915C, 184. 
 
 Negligence in boarding moving train by di- 
 rection of employee. 22 L.R.A. (N.S.) 
 759. 
 
 Effect of permission or knowledge of train 
 employee on contributory, negligence in 
 attempting to cross a train standing on 
 a crossing. 13 L.R.A.(N.S.) 1067.' 
 
 Responsibility of general employer for neg- 
 ligence of employee in operating eleva- 
 tor for convenience of workmen not in 
 former's employ. L.R.A.1917E, 964. 
 
 2. Scope of employment; disobedience 
 of orders. 
 
 181. Generally. 
 
 Master's civil responsibility for the wrong- 
 ful or negligent act of his servant 
 or agent towards one who has no 
 claim upon the master by reason 
 of a contract incipient or perfected. 
 27 L.R.A. 161. 
 
 Express authority to certain train employ- 
 ees to eject trespassers as negativing 
 implied authority of other employees. 
 32 L.R.A. (N.S.) '1164.
 
 908 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, IV. a, 2 cont'd 
 
 Inference of employee's authority to expel 
 trespassers from practice of doing so. 
 34 L.R.A. (N.S.) 693. 
 
 Liability of railroad company for injury 
 to person wrongfully on train by .collu- 
 sion with a train employee. 37 L.R.A. 
 X.S.) 419. 
 
 Liability of master for injury to person rid- 
 ing with servant by latter's invitation 
 or permission. L.R.A. 1917F, 425. 
 
 Liability where servant invites or permits 
 children to ride on engine or cars. 
 L.R.A.1915E, 892. 
 
 May assault growing out of quarrel com- 
 menced while employee is acting within 
 scope of his employment be regarded 
 as a personal act of the employee for 
 which employer is not liable. 9 L.R.A. 
 I N.S.) 475. 
 
 Failure of master to prevent practice by 
 employees not in ' performance of any 
 dutv owed to him as ground of lia- 
 bility. 32 L.R.A. (N.S.) 1038. 
 
 Liability of master for assault by servant 
 sent to recover property. 6 L.R.A. 
 . (N.S.) 567. 
 
 Making prima facie case of responsibility 
 for negligence of driver of automobile 
 by proof of defendant's ownership of 
 car or employment of driver. 46 L.R.A. 
 (N.S.) 1091; L.R.A.1918D, 924. 
 
 Liability of master for damages by fire 
 started by servant for his own purposes 
 but incidental to work. 49 L.R.A. 
 (N.S.) 544. 
 
 Ratification of servant's wrongful act by re 
 
 taining him in service. 
 155. 
 
 L.R.A.1918B, 
 
 182. Servant engaged in his own 
 business or pleasure. 
 
 Master's liability for injury by automobile 
 when used by servant for his own busi- 
 ness or pleasure, see AUTOMOBILES, 3. 
 
 Master's liability for injury by horse when 
 used by servant for his own business or 
 pleasure. 9 L.R.A. (N.S.) 3033. 
 
 Responsibility of master to third person for 
 acts of employee in attempting to re- 
 cover possession of goods which he has 
 delivered at his own risk, without re- 
 ceiving payment of charge against 
 same. 21 L.R.A. (N.S.) 884. 
 
 183. For acts in excess of authority 
 of servant sent to commit trespass. 
 
 In general. 70 L.R.A. 731; 18 L.R.A. (N.S.) 
 297. 
 
 Effect of a trespass being an unlawful act, 
 upon master's liability. 70 L.R.A. 731. 
 
 Effect of express instructions forbidding 
 acts complained of. 70 L.R.A. 731. 
 
 Effect of acts committed being criminal, 
 upon presumption of authority there- 
 for. 70 L.R.A. 732. 
 
 Acts within apparent scope of employment. 
 70 L.R.A. 733. 
 
 Acts outside apparent scope of employment. 
 70 L.R.A. 737. 
 
 MASTER AND SERVANT, IV. a, 2 cont'd 
 184. Disobedience of rules or orders. 
 
 Grounds of liability where servant is not 
 obeying orders. 27 L.R.A. 161. 
 
 Master's liability for servant's acts within 
 scope of employment, notwithstanding 
 his disobedience of orders. 27 L.R.A. 
 181. 
 
 Violation by servant of rule adopted by rail- 
 way company as evidence of negligence 
 toward one other than servant. L.R.A. 
 1917C, 793. 
 
 Liability of master for tort committed by 
 servant in course of his employment, 
 and with a view to the furtherance of 
 his master's business, but contrary to 
 the master's express instructions. 18 
 L.R.A.(N.S.) 416. 
 
 b. For acts of independent contractor. 
 1. In general. 
 
 185. Generally. 
 
 Liability of contractor, see infra, 196- 
 198. 
 
 Liability for injury to servants of inde- 
 pendent contractor, see infra, 202. 
 
 In mine, see MINES, 42. 
 
 Liability of vessel or owner, see SHIPPING, 
 15, 16. 
 
 As to timber, see TIMBER, 7. 
 
 Position as servant, of person hired by in- 
 dependent contractors. 37 L.R.A. 50. 
 
 Liability to servant of lessee of contractee. 
 4 L.R.A. 97. 
 
 Liability of master to servant for failure 
 to provide independent contractor with 
 safe appliances. 1 L.R.A. (N.S.) 283. 
 
 Exceptions to rule that employer is not 
 liable for acts of independent contrac- 
 tor. 14 L.R.A. 828. 
 
 Liability of proprietor of place of amuse- 
 ment; for acts of independent contractor 
 or concessionaire. 32 L.R.A. (N.S.) 
 717; L.R.A.1915F, 696. 
 
 Municipal knowledge of defect in highway 
 created by independent contractor. 20 
 L.R.A. (N.S.) 704. 
 
 Effect of master's liability to servant, of 
 delegation of personal duty to. 54 
 L.R.A. 52; 20 L.R.A. (N.S.) 793. 
 
 For acts ftf independent contractor in con- 
 nection with water works system. 52 
 L.R.A.(N.S.) 467. 
 
 186. General rule as to absence of 
 liability. 
 
 General doctrine. 65 L.R.A. 622. 
 History of the doctrine. 65 L.R.A. 624. 
 Rationale of the doctrine. 65 L.R.A. 632. 
 Extent of employer's duty with respect to 
 
 the supervision and direction of the 
 
 work. 65 L.R.A. 635. 
 Extent of duty of employer to guard against 
 
 possible accidents. 65 L.R.A. 639. 
 
 187. Where employer's own act is a 
 
 proximate cause of injury. 
 Generallv. 66 L.R.A. 941. 
 
 Begin irtth this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 909 
 
 MASTER AND SERVANT, IV. b, 1 cont'd 
 
 Employment of contractor who is incompe- 
 tent or otherwise unfit. 66 L.R.A. 941. 
 
 Nonperformance by employer of duties not 
 cast by the contract upon the contrac- 
 tor. 66 L.R.A. 945. 
 
 Employer's tortious act co-operating with 
 that of the contractor to produce the 
 injury. 66 L.R.A. 947. 
 
 Failure to remedy a nuisance. 66 L.R.A. 
 948. 
 
 Active interference with the work. 66 
 L.R.A. 950. 
 
 Employer's ratification or adoption of the 
 contractor's tort. 66 L.R.A. 956. 
 
 188. After master has assumed con- 
 trol of subject-matter. 
 
 In general. 3 L.R.A. (N.S.) 595. 
 
 Necessity of showing that dangerous condi- 
 tions were known to employer. 3 
 L.R.A. (N.S.) 601. 
 
 2, For what acts of contractor em- 
 ployer is liable. 
 
 189. Generally. 
 
 While working on building, see BUILDINGS, 
 11. 
 
 Liability of carrier, see CARRIERS, 53. 
 
 Liability for fires set by independent con- 
 tractor, see FIRES, *6. 
 
 Liability of railroad company, see RAIL- 
 ROADS, 49. 
 
 On vessel, see SHIPPING, 16. 
 
 For what torts employer is not bound to 
 answer. 65 L.R.A. 641. 
 
 Acts constituting trespass. 65 L.R.A. 655. 
 
 For fall of wall or building while in pos- 
 session of independent contractor. 34 
 L.R.A. 558. 
 
 For act affecting safety of highway. 15 
 L.R.A. (N.S.) 845; 17 L.R.A.'(N.S.) 
 758. 
 
 For acts in setting out fire. 17 L.R.A. 
 (N.S.) 788: 38 L.R.A. (N.S.) 175. 
 
 For negligence in the performance of con- 
 tract requiring blasting. 14 L.R.A. 
 (N.S.) 914; 29 L.R.A. (N.S.) 851. 
 
 For torts in cutting timber. 16 L.R.A. 
 (N.S.) 255. 
 
 Responsibility of owner or occupier of 
 building where operation of elevator is 
 let to independent contractor. 32 
 L.R.A. (N.S.) 945. 
 
 Right of railroad company to delegate to 
 independent contractor the maintenance 
 of gates or a ilngman at a street cross- 
 ing. 13 L.R.A. (N.S.) 1177. 
 
 For acts of independent contractor in con- 
 nection with water works system. 25 
 L.R.A. (N.S.) 242. 
 
 For obstruction or defect in street caused 
 by independent contractor. 20 L.R.A. 
 (N.S.) 547. 
 
 Liability of part owner to other owner for 
 damages from fall of or injury to 
 party wall due to negligence of inde- 
 pendent contractor. L.R.A. 191 5E, 929. 
 
 Commit (lino L.R.A. Digest** of Cases. 
 
 MASTER AND SERVANT, IV. b, 2 cont'd 
 190. When injuries result from non- 
 performance of absolute duties of 
 employer. 
 
 In general. 66 L.R.A. 120. 
 
 Duty to comply with statute. 66 L.R.A. 
 
 121. 
 Duty of municipality to keep highways in 
 
 safe condition. 66 L.R.A. 126. 
 Duties imposed on grantees of special privi- 
 leges in respect to highways. 60 L.R.A. 
 134. 
 
 Duties incident to the exercise of corporate 
 and other franchises. 66 L.R.A. 
 136. 
 Duty to See that no nuisance is created or 
 
 "maintained. 66 L.R.A. 146. 
 Duty to insure safety. 66 L.R.A. 147. 
 Duty to avoid interfering with the right of 
 
 lateral support. 66 L.R.A. 148. 
 Duty not to impede the public use of high- 
 
 'ways. 66 L.R.A. 148. 
 Duties assumed by express contract. 66 
 
 L.R.A. 148. 
 Duties arising out of implied contract. 66 
 
 L.R.A. 150. 
 Duty to rebuild party wall. 66 L.R.A. 154. 
 
 191. Where work is dangerous? un- 
 less certain precautions are ob- 
 served. 
 
 Doctrine stated, generally. 65 L.R.A. 833. 
 
 Limits of the doctrine. 65 L.R.A. 838. 
 
 Effect of stipulation by contractor to take 
 appropriate precautions. 65 L.R.A. 
 841. 
 
 Necessity of showing that the contractor 
 was acting under the authority of the 
 employer. 65 L.R.A. 842. 
 
 Liability of employer where work is dan- 
 gerous to persons using highwavs. 
 65 L.R.A. 842. 
 
 Liability where work is dangerous to ad- 
 joining landowners. 65 L*.R.A. 849. 
 
 Liability where work is dangerous to per- 
 sons invited onto defendant's premises. 
 65 L.R.A. 855. 
 
 Liability where work is dangerous to ten- 
 ants. 65 L.R.A. 855. 
 
 Liability where work is dangerous to own- 
 ers of vessels navigating rivers. 65 
 L.R.A. 855. 
 
 192. Where negligence does not pro- 
 duce permanently dangerous con- 
 dition. 
 
 Work on railways. 65 L.R.A. 643. 
 Work on buildings. 65 L.R.A. 643. 
 Work on highways. 65 L.R.A. 644. 
 Work involving handling heavy articles. 65 
 
 L.R.A. 644. 
 
 Management of teams. 65 L.R.A. 644. . 
 Management of vessels. 65 L.R.A. 644. 
 Entertainment at public resorts. 65 L.R.A. 
 
 644. 
 Loading or unloading of ships. 65 L.R.A. 
 
 644. 
 Blasting operations. 65 L.R.A. 644.
 
 910 
 
 INDEX TO L.R.A. NOTES.' 
 
 MASTER AND SERVANT, IV. b, 2 cont'd 
 193. Where negligence produces 
 dangerous conditions of more or 
 less permanent character. 
 
 In general. 65 L.R.A. 646. 
 Work on railways. 65 L.R.A. 646. 
 Construction of bridges, embankments, and 
 
 dams. 65 L.R.A. 647. 
 Construction of telegraph and telephone 
 
 lines. 65 L.R.A. 648. 
 Laying of pipe lines. 65 L.R.A. 648. 
 Construction of buildings. 65 L.R.A. 648. 
 Repairing or reconstruction of buildings. 
 
 65 L.R.A. 649. 
 
 Demolition of buildings. 65 L.R.A. 649. 
 Work performed on streets and highways. 
 
 65 L.R.A. 650. 
 Work done on premises adjacent to streets 
 
 and highways, and affecting the safety 
 
 thereof. 65 L.R.A. 652. 
 'Scavenging work. 65 L.R.A. 653. 
 Work in harbors. '.65 L.R.A. 653. 
 Excavation work. 65 L.R.A. 654. 
 Work involving the use of fire for the de- 
 struction of timber. 65 L.R.A. 654. 
 Work in mines. 65 L.R.A. 654. 
 Hauling of timber. 65 L.R.A. 654. 
 Operation of ferries. 65 L.R.A. 654. 
 Loading or unloading of ships. 65 L.R.A. 
 
 654, 
 
 194. Where injury is direct result 
 of work contracted for. 
 
 In general. 65 L.R.A. 742. 
 
 Liability where stipulated work is illegal. 
 
 65 L.R.A. 746. 
 Liability where performance of work will 
 
 involve commission of trespass. 65 
 
 L.R.A. 748. 
 
 Liability where performance of work will 
 necessarily cause injury. 65 L.R.A. 
 750. 
 Liability where work is done according to 
 
 plans furnished by employer. 65 
 
 L.R.A. 754. 
 Liability 'where work is done according to 
 
 methods prescribed by employer. 65 
 
 L.R.A. 755. 
 
 3. Who are independent contractors. 
 
 195. Generally. 
 
 Question for jury as to, see TRIAL, 28. 
 
 In general. 65 L.R.A. 445; 17 L.R.A. (N.S.) 
 371. 
 
 Independent contractors distinguished from 
 servants and agents. 65 L.R.A. 447. 
 
 Persons acting in the dual capacity of con- 
 tractor and servant or agent. 65 L.R.A. 
 449. 
 
 Contractors not within purview of statutes 
 relating to servants or agents. 65 
 L.R.A. 451. 
 
 Character of contract is tested by the ex- 
 istence or absence of a right of control 
 on the employer's part. 65 L.R.A. 453. 
 
 Presumptions entertained as to character of 
 contractor. 65 L.R.A. 459, 461; 17 
 L.RJUN.S.) 372. 
 
 Liability arising from employment 01 tug. 
 * 65 L.R.A. 471. 
 
 .MASTER AND SERVANT, IV. b, 3 cout'd 
 Liability arising out of certain other con- 
 tracts of an independent nature. 65 
 L.R.A. 474; 17 L.R.A. (N.S.) 375. 
 Effect of reservation of a limited power of 
 control. 65 L.R.A. 475; 17 L.R.A. 
 (N.S.) 376. 
 
 Effect in general of reservation of full pow- 
 er of control. 65 L.R.A. 484; 17 
 L.R.A. (N.S.) 379. 
 
 Matters negativing independence of con- 
 tractor. 65 L.R.A. 485; 17 L.R.A. 
 (N.S.) 379. 
 
 Nature of contract determined with refer- 
 ence to various factors. 65 L.R.A. 
 500; 17 L.R.A. (N.S.) 380. 
 Intimacy of business relations between con- 
 tractor and employer. 17 L.R.A. (N.S.) 
 382. 
 
 Estoppel to deny existence of relation of 
 independent contractor. 8 L.R.A.(N.S.) 
 896; 17 L.R.A. (N.S.) 382. 
 Province of court and jury. 65 L.R.A. 
 
 508; 17 L.R.A. (N.S.) 382. 
 Cartman. as. independent contractor. 33 
 L.R.A.(N.S.) 1122; 16 L.R.A.l.V-. 
 816; 23 L.R.A. (N.S.) 33; L.R.A.1918E, 
 121. 
 
 One to whom automobile has been intrusted 
 for storage or repairs as independent 
 contractor for whose negligence in 
 running : it owner is not liable. 51 
 L.R.A.(N.S.) 772. 
 
 V. Liability of sen-ant or contractor. 
 
 196. Generally. 
 
 Joint liability of master and servant for 
 latter's acts, see infra, 199. 
 
 Liability over to employer, see INDEMNITY, 
 3. 
 
 Liability of contractor for injury to ten- 
 ant, see LANDLORD AND TENANT, 73. 
 
 Liability of employee without license, see 
 LICENSE, 16. 
 
 Servant's liability for trespass, see TRES- 
 PASS, 9. 
 
 Liability of employee in case license tax is 
 not paid by emplover. 12 L.R.A. (N.S.) 
 946; L.R.A.1915A*, 106. 
 
 Servant's liability to third person for torts. 
 2 L.R.A. (N.S.) 378. 
 
 Right of contractor with public to im- 
 munity which latter enjoys from lia- 
 bility for damages. L.R.A.1916D, 511. 
 
 Liability of highway contractor for danger- 
 ous conditions where municipality, 
 county, or town is not liable. 27 L.R.A. 
 (N.S.') 1009; L.R.A.1916A, 1006. 
 
 Liability of contractor to third persons for 
 defects in his work after its completion 
 and acceptance. 26 L.R.A. 504 ; 32 
 L.R.A. (N.S.) 968; L.R.A.1915E, 766; 
 6 B. R. C. 249. 
 
 Liability of independent contractor to ten- 
 ant for injurv caused by defects in 
 building. 21 L.R.A. (N.S.) 477. 
 
 Liability of subcontractor for injury to 
 property resulting from defective per- 
 formance of work. 2 L.R.A.(N.S.) 790. 
 
 Segin with this boolc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 911 
 
 MASTER AND SERVANT, V. cont'd 
 Liability of subcontractor to owner for in- 
 jury to property. 2 L.R.A. (N.S.) 799. 
 Personal liability of servant for injury to 
 
 fellow servant. 28 L.R.A. 440. 
 Liability of independent contractors to 
 
 servants of principal employer. 46 
 
 L.R.A. 95. 
 Liability of one contractor to servants of 
 
 another working on same premises. 46 
 
 L.R.A. 94. 
 Liability of mail contractors or postoffice 
 
 employees for lost or stolen mail. 
 
 L.R.A.1915A, 377. 
 
 197. For his own negligence or non- 
 feasance. 
 
 In general. 28 L.R.A. 433; 25 L.R.A. 
 (N.S.) 343; L.R.A.1916F, 570. 
 
 Doctrine that servant is not liable for non- 
 feasance. L.R.A.1916F, 571. 
 
 Repudiation of distinction between misfeas- 
 ance and nonfeasance. L.R.A.1916F, 
 571. 
 
 Examples of misfeasance. 25 L.R.A. (N.S.) 
 346; L.R.A.1916F, 572. 
 
 Liability without reference to distinction 
 between misfeasance and nonfeasance. 
 L.R.A.1916F, 573. 
 
 Where servant is in full control of the work. 
 25 L.R.A. (N.S.) 346; L.R.A.1916F, 
 574. 
 
 Examples of nonfeasance. 25 L.R.A. (N.S.) 
 340: L.R.A.1916F, 575. 
 
 'Where servant is not guilty of negligence. 
 25 L.R.A. (N.S.) 348; L.R.A.1916F, 575. 
 
 Criminal homicide in operation of railroad 
 or street railway. L.R.A.1917C, 536. 
 
 198. For trespass or other positive 
 wrong under employer's orders. 
 
 General rules. 50 L.R.A. 644. 
 
 Trespass. 50 L.R.A. 645. 
 
 Assault, fraud, and other wrongful acts. 
 50 L.R.A. 646. 
 
 Conversion. 50 L.R.A. 649. 
 
 Taking of property under order of employ- 
 er and in good faith as larceny. 41 
 L.R.A. (N.S.) 554. 
 
 TV. Joint liability of master and serv- 
 ant. 
 
 199. Generally. 
 
 Liability over to employer, see INDEMNITY, 
 
 3. 
 Collusiveness en employee of judgment 
 
 against employer, and vice versa, see 
 
 JUDGMENT, 44. 
 
 Joint liability of master and servant for 
 tort of servant. 28 L.R.A. 441; 12 
 L.R.A.(N.S.) 670; 25 L.R.A.(N.S-) 
 356. 
 
 Joinder of statutory action against a mas- 
 ter with common-law action against 
 servant, for latter's negligence. 12 
 L.R.A.(N.S.) 675. 
 
 Removal for separable controversy of joint 
 action against master and servant. 5 
 L.R.A. (N.S.) 96. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, VI. cont'd 
 
 Removal of cause by nonresident corpora- 
 tion joined with resident employee. 1 
 L.R.A. (N.S.) 370, 375. 
 
 Effect of verdict for servant in action 
 against master and servant for latter's 
 negligence cr misfeasance. 9 L.R.A. 
 (N.S.) 880; 30 L.R.A.(N.S.) 404; 
 L.R.A.1917E, 1029. 
 
 Judgment in favor of employee as bar to 
 recovery against employer for em- 
 ployee's act or default. 54 L.R.A. 649. 
 
 VII. Liability of third person to serv- 
 ant or master. 
 
 200. Generally. 
 
 Landlord's liability for injury to servants 
 of tenant, see LANDLORD AND TENANT, 
 72. 
 
 Release of employer by acceptance of bene- 
 fit of relief fund as affecting other tort- 
 feasor. L.R.A.1918A, 996. 
 
 The right of a servant to recover damages 
 from persons other than his mas- 
 ter for injuries -received in the per- 
 formance of his duties. 46 L.R.A. 
 33. 
 
 Duty to protect electric wires for safety of 
 workmen on premises. 2 L.R.A. (N.S.) 
 777. 
 
 Damages recoverable in action by master 
 for injury to servant or apprentice. 32 
 L.R.A. (N.S.) 38. 
 
 Personal contributory negligence of em- 
 ployee riding in vehicle driven or con- 
 trolled by employer. L.R.A.1915E, 
 233. 
 
 Liability under workmen's compensation 
 acts of third person whose negligence 
 causes the injury. L.R.A.1916A, 100, 
 225, 360; L.R.A.1917D, 98; L.R.A. 
 1918F, 524. 
 
 201. Liability of carrier. 
 
 Liability of carrier for injury to servants 
 of other persons. 46 L.R.A. 56. 
 
 Liability of carrier for personal injuries 
 to employees of consignor or consignee 
 caused by unsafe car. 9 L.R.A. (N.S.) 
 857. 
 
 Liability of lessor of railroad for injury to 
 employees due to negligence of another 
 company using the road under a lease, 
 license, or other contract. 44 L.R.A. 
 753. 
 
 Contract exempting railroad company from 
 liability for negligent injury to em- 
 ployee of sleeping car company and 
 others sustaining a similar relation to 
 the railroad company. 11 L.R.A. (N.S.) 
 432; 50 L.R.A. (N.S.) 432; L.R.A. 
 1917D, 648. 
 
 202. Liability to servants of con- 
 tractor. 
 
 For unsafe appliances or place of labor. 26 
 L.R.A. 524. 
 
 When servants of independent contractor 
 precluded from availing themselves of 
 doctrine of master's liability for any 
 negligence involving breach of his per- 
 sonal duties. 54 L.R.A. 51.
 
 912 
 
 INDEX TO L.R.A. NOTES. 
 
 MASTER AND SERVANT, VII. cont'd 
 
 Liability of owner of building in process of 
 erection for injury to contractor's em- 
 ployees from defects existing at the 
 time they commenced work. 22 L.R.A. 
 (N.S.) 857. 
 
 Liability of mine owner for negligent in- 
 jury to employee of independent con- 
 tractor working the mine. 45 L.R.A. 
 (X.S.) 930. 
 
 Liability on contractor's bond which under- 
 takes to indemnify owner against lia- 
 bility for injuries to employees, where 
 the injury is due to owner's negligence. 
 11 L.R.A*.(X.S.) 1174. 
 
 Constitutionality of statute making owner 
 personally liable to employees of build- 
 ing contractors because of noncompli- 
 ance with provisions for their protec- 
 tion. 39 L.R.A. (N.S.) 868. 
 
 Is statutory duty of employer to guard 
 place or machinery owing to employees 
 of contractor. 36* L.R.A. (X.S.) 269. 
 
 Liability of one contractor to servants of 
 another working on same premises. 46 
 L.R.A. 94. 
 
 Duty under employer's liability acts, of 
 owner to servants of contractor, or of 
 principal contractor to servants of sub- 
 contractor, as to condition of place or 
 appliance. L.R.A.1917D, 991. 
 
 Liability to servant of contractor under 
 workmen's compensation acts. L.R.A. 
 1916A, 95; L.R.A.]!)17D, 148. 
 
 MASTER CRAFTSMEN. 
 
 As independent contractors. Go L.R.A. 467. 
 
 * 
 MASTER TRADESMEN. 
 
 As independent contractors. 65 L.R.A. 467. 
 
 MATCHES. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 MATE. 
 
 Admiralty jurisdiction of contracts of. 66 
 L.R.A. 229. 
 
 MATERIALITY. 
 
 Of alteration, see ALTERATION OF INSTRU- 
 MENTS, 3, 4. 
 Of evidence generally, see EVIDENCE, XII. 
 
 May charge of subornation of perjury be 
 based on false testimony which i? im- 
 material. 25 L.R.A. (X.S.) 120. 
 
 MATERIALMEN. 
 
 Rights of, under contractors' bonds, see 
 BONDS, 10. 
 
 Provision in contract for payment of, see 
 BUILDING AND CONSTRUCTION CON- 
 TRACTS, 2. 
 
 Lien of, see MARITIME LIENS; MECHANICS' 
 LIENS. 
 
 Language used by owner or other person 
 interested in construction of building 
 importing a promise to pay material- 
 men as a promise to answer for the 
 debt or default of another. 5 B. R. C. 
 96. 
 
 MATERIALS. 
 
 Provision in bond for payment for, se? 
 BONDS, 10. 
 
 Provision in contract for payment for, see 
 BUILDING AND CONSTRUCTION CON- 
 TRACTS, 2. 
 
 Lien for, see MARITIME LIENS; MECHANICS' 
 LIENS. 
 
 Master's duty as to inspection of, see MAS- 
 TER AND SERVANT, 302. 
 
 Priority of claim for materials against 
 property in hands of receiver over re- 
 corded "liens. 41 L.R.A. (N.S.) 696, 
 701. 
 
 MATERNITY. 
 
 Admissibility of hearsay evidence as to, 
 see EVIDENCE, 219. 
 
 Evidence of declarations to show maternity 
 of illegitimate child. 11 L.R.A. (X.S.) 
 1052. 
 
 MATHEMATICAL CALCULATION. 
 
 Conclusiveness of stated or settled account 
 containing inaccuracy or error in 
 method of. 23 L.R.A. (N.S.) 787. 
 
 MATRIMONIAL PROPERTY. 
 
 See HUSBAND AND WIFE, IV. 
 
 MATTERS IN BAR. 
 
 Proof of, under plea of the general issue 
 in action of ejectment. L.R.A.1918F, 
 249. 
 
 MATURITY. 
 
 Of commercial paper, see BILLS AND NOTES, 
 54-57. 
 
 Usury in agreement for interest after. 49 
 L.R.A. 550. 
 
 Itefjin with this l-ook on evert/ law question.
 
 INDEX TO L.R.A. NOTES. 
 
 913 
 
 MAULS. 
 
 Master's liability for injury by defect in. 
 13 L.R.A. (X.S.) 671; 51 L.R.A. (N.S.) 
 337; L.K.A.1918D, 1141. 
 
 MAXIMS. 
 
 In equity, see EQUITY, 22. 
 
 Applicability of maxim res ipsa loquitur, 
 see EVIDENCE, III. g. 
 
 Applicability of maxim that one cannot 
 profit by his own wrong to descent of 
 property to murderer, see DESCENT AXD 
 DISTRIBUTION, 8. 
 
 To rights of murderer in proceeds of in- 
 surance policy, see INSURANCE, 193. 
 
 How far maxim as to taking advantage of 
 one's own wrong is abrogated by statute. 
 25 L.R.A. 564. 
 
 Applicability of rule of caveat emptor to 
 sales for partition. 33 L.R.A. (X.S.) 
 409. 
 
 Applicability of rule of caveat emptor to 
 sale with particular description of kind 
 or quality. 35 L.R.A. (X.S.) 200. 
 
 Plea of damnum absque injuria as bar to 
 recovery of damages for mental anguish 
 in telegraph cases. 49 L.R.A. (N.S.) 
 215. 
 
 Application of maxim damnum absque in- 
 juria to right to consequential dam- 
 ages to property no part of which is 
 taken from smoke, noise, dust, etc. in- 
 cident to ordinary operation of rail- 
 road. 17 L.R.A. (X.S.) 1054. 
 
 Effect of legislative authority on liability 
 for private nuisance constituting dam- 
 num absque injuria. 1 L.R.A. (X.S.) 
 52. 
 
 Xecessity of qualifying by reference to con- 
 scious falsity an instruction under a 
 statute enacting the maxim Falsus in 
 uno, falsus in omnibus without that 
 qualification. 29 L.R.A. (X.S.) 680. 
 
 Applicability of doctrine of idem sonans to 
 substituted or constructive service of 
 process. 30 L.R.A. (N.S.) 122. 
 
 Application of maxim "In pari dclicto 
 melior est conditio powdentis" to 
 action to recover back noiiexempt prop- 
 erty conveyed to avoid nonexistent or 
 unfounded' demand. 1 L.R.A. (N.S.) 
 1007. 
 
 Application of maxim "In pari delicto 
 'melior est conditio defendcntis" to ac- 
 tion for specific enforcement for limit- 
 ed time of contract against public 
 policy to prevent public inconvenience. 
 1 L.R.A. (X.S.) 10.32. 
 
 Application of. maxim mobilia seqinintur 
 personam to place of taxing nonresi- 
 dent's personalty. 7 L.R.A. (X.S.) 704. 
 
 Applicability of principle of nullum tempus 
 occurriit regi to action by agencies of 
 state. :; L.R.A. (X.S.) 746*. 
 
 Applicability to bequest of chattel for life 
 of maxim quae ipso usu consumuntur, 
 16 L.R.A. (X.S.) 483. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MAXIMS cont'd 
 
 Qui prior est in tempore, potior est in jure 
 as applied to rights of different 
 assignees. 66 L.R.A. 774. 
 
 Respondeat superior. 44 L.R.A. 799. 
 
 Application of doctrine of respondent su- 
 perior to liability of eleemosynary in- 
 stitution for personal tort of agent or 
 servant. 4 L.R.A. (X.S.) 269. 
 
 The application of the maxim sic utere tuo 
 ut alienum non hedas to injuries by 
 blasting. 6 L.R.A. (X.S.) 570. 
 
 Application of maxim that one must use 
 one's own rights in such a manner as 
 not to interfere with those of another 
 to interference by user of electricity 
 with business or injury to property of 
 another resulting from induction or use 
 of earth as a return electric current. 
 2 B. R. C. 132. 
 
 Volenti non fit injuria a& a defense to ac- 
 tions by injured servants. 47 L.R.A. 
 161. 
 
 MAY. 
 
 When word "may" in statute is to be 
 deemed mandatory. 5 L.R.A. (N.S.) 
 340. - 
 
 MAYHEM. 
 
 Mayhem as depending upon the means or 
 instrument used to inflict the injury. 
 40 L.R.A. (N.S.) 3132. 
 
 Malice and premeditation as element of 
 offense of mayhem or maiming. 
 L.R.A.1916E, 494. 
 
 MAYOR. 
 
 Imputing to municipality knowledge of 
 mayor of defect or obstruction in street. 
 L.R.A.1918B, 650. 
 
 MEAD. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A. (N.S.) 316. 
 
 MEALS. 
 
 Serving liquor with meals by proprietor of 
 hotel or restaurant as a sale thereof. 
 25 L.R.A. (N.S.) 943; 52 L.R.A.(N.S.) 
 722. 
 
 MEANDER LINE. 
 
 As boundary. 42 L.R.A. 510. 
 
 As basis for dividing accretions. 12 L.R.A. 
 
 (N.S.) 687. 
 58
 
 914 
 
 INDEX TO L.R.A. NOTES. 
 
 Parol evidence 
 165. 
 
 MEANING. 
 
 to show, see 
 
 MEASURES. 
 
 See WEIGHTS AND MEASURES. 
 
 MEAT. 
 
 See FOOD, 7. 
 
 MECHANICS' LIENS. 
 
 I. In general, 1-4. 
 II. Right to lien, 5-7. 
 III. Priority 8, 9. 
 IV. For ichat work or materials, 
 
 10-13. 
 Y. To u-hat property or interest lien 
 
 attaches, 14-18. 
 VI. Of subcontractors and material- 
 men, 19-21. 
 
 VII. Hoir waived or defeated, 22. 
 VIII. Enforcement; procedure, 23- 
 32. 
 
 I. In general. 
 
 1. Generally. 
 
 As to liens, generally, see LIENS. 
 
 Effect of provisions in contractor's bonds, 
 
 see Boxus, 10. 
 For improvements on leased premises, see 
 
 LANDLORD AND TENANT, 40. 
 
 Who are laborers within statute for. 18 
 L.R.A. 305. 
 
 What is an "appurtenance" for purposes of. 
 15 L.R.A. 653. 
 
 Protection of, by enjoining sales under other 
 process. 30 L.R.A. 128. 
 
 Burden of proof in action between owner 
 and contractor as to claims of mechan- 
 ics and materialmen voluntarily paid 
 by owner. 44 L.R.A. (N.S.) 80. 
 
 Estoppel to assert title or interest in real 
 property against mechanics' lien by con- 
 cealing the same or representing it to 
 be in another. 48 L.R.A.(N.S.) 760. 
 
 2. Validity and construction of stat- 
 utes. 
 
 V T alidity of statutory provision for attor- 
 ney's fees in suit to foreclose. 17 
 L.R.A.(N.S.) 910; L.R.A.1915E, 947. 
 
 3. as to subcontractors and ma- 
 terialmen. 
 
 Constitutionality of statutes as to effect on 
 liens of subordinate claims of payments 
 to contractors or subcontractors. 20 
 L.R.A. 565. 
 
 Constitutionality of statute making owner 
 personally "liable to laborers or ma- 
 terialmen because of noncompliance 
 with provisions for their protection. 
 39 I ^.A.fN.S.) 868. 
 
 I MECHANICS' LIENS, I. cont'd 
 
 Constitutionality of statute giving me- 
 EVIDENCE, I chanics' lien contrary to agreement of 
 contractor. 36 L.R.A. (N.S.) 574. 
 
 4'. Indemnity against. 
 
 Broker's right to commission where sale or 
 loan fails because of owner's refusal to 
 give indemnity against possible liens. 
 15 L.R.A.(N.S.) 187. 
 
 II. Right to lien. 
 
 5. Generally. 
 
 Mechanic's lien under contract made or per- 
 formed in another state. 38 L.R.A. 
 410. 
 
 6. Consent of owner. 
 
 Mortgagee as owner within mechanics' lien 
 laws. 39 L.R.A. I X.S.) 84. 
 
 Requiring another to make improvements 
 upon land at his own expense as a con- 
 sent by the owner which will subject 
 his interest to a lien. 11 L.R.A. ( N.S. i 
 764. 
 
 Authority of agent to contract for services 
 of other persons so as to entitle them 
 to a mechanic's lien. L.R.A. 1918F, 96. 
 
 7. power of lessee or vendee to 
 subject owner's interests to liens. 
 
 Mechanic's lien upon building erected by 
 
 vendee. 62 L.R.A. 380. 
 
 Statute giving liens for improvements made 
 under contracts with owner. 23 
 L.R.A.(N.S.) 601: L.R.A.1917D, 
 578. 
 
 Statutes giving liens on interests of the one 
 causing the improvements to be made. 
 23 L.R.A. (N.S.) 605; L.R.A.1917D, 579. 
 Statutes giving liens for improvements made 
 by contract with or at request of 
 owner. 23 L.R.A. (N.S.) 607; L.R.A. 
 1917D, 580. 
 
 Statutes giving lien for improvements made 
 by agents. 23 L.R.A. (N.S.) 608; 
 L.R.A.1917D, 580. 
 
 Where statute gives lien for improvements 
 made with consent of owner. 23 
 L.R.A.(N.S.) 612; L.R.A.1917D, 
 582. 
 
 Statutes giving liens for improvements 
 made with permission of owner. 
 23 L.R.A.(N.S.) 617. 
 
 Statutes giving liens for improvements 
 made with the written consent of the 
 owner. 23 L.R.A.(N.S.) 617; L.R.A. 
 1917D, 583. 
 
 Statutes giving liens where owner with 
 knowledge of the improvement fails to 
 give notice of nonliability. 23 L.R.A. 
 (N.S.) 618; L.R.A.1917D* 584. 
 
 ///. Priority. 
 
 8. Generally. 
 
 Priority of claims against property in 
 
 hands of receiver over. 2 L.R.A. (N.S.) 
 
 1013. 
 
 Begin with this booh on every laic question.
 
 INDEX TO L.R.A. .NOTES. 
 
 915 
 
 MECHANICS' LIENS, III. cont'd 
 Eights of seller of fixtures, retaining title 
 thereto or lien thereon, as against 
 holder of mechanics' lien. 1 B. K. C. 
 673. .^ 
 
 9. as to earlier mortgages. 
 
 Unrecorded mortgages. 14 L.R.A. 306. 
 Mortgage for advances. ]4 L.R.A. 307. 
 Purchase-money mortgages. 14 L.R.A. 307. 
 Priority of statutory preference of claim 
 
 for labor over pre-existing mortgage. 
 
 2 L.R.A. (N.S.) 615. 
 
 IV. For what work or materials. 
 
 10. Generally. 
 
 For sinking well. 6 L.R.A. (N.S.) 550; 43 
 L.R.A. (N.S.) 555). 
 
 For cultivation, care,' or improvement of 
 soil, or beautifying premises generally. 
 L.R.A.1917D, 351. 
 
 Eight to a lien for labor in preparing ma- 
 terials in manufactured form, under a 
 statute giving a lien for work or labor 
 performed on the building or structure. 
 30 L.R.A. (N.S.) 82. 
 
 Food furnished contractor for employees 
 and teams as material giving lien on 
 railroad. 15 L.R.A. (N.S.) 509. 
 
 Right of servant to common law possessory 
 lien or its statutory substitute for serv- 
 ices in connection with property. 42 
 L.R.A. (N.S.) 731. 
 
 Right to statutory lien on property of third 
 person for rental of personal property 
 let to contractor for use in work of a 
 lienable nature. 16 L.R.A. (N.S.) 585. 
 
 Right to mechanics' lien for labor or ma- 
 terial furnished on order of architect 
 . before abandonment of contract by con- 
 tractor. 20 L.R.A. (N.S.) 89. 
 
 Explosives as materials used in improving 
 real property. 2 L.R.A. (N.S.) 288. 
 
 Are contractors or subcontractors within 
 the protection of statutes giving 
 liens to "laborers," "mechanics," 
 "workmen," and the like. 30 
 L.R.A. 85. 
 
 Heating apparatus as part of realty for 
 purpose of mechanics' lien. 1 B. R. C. 
 982. 
 
 For material or labor furnished under con- 
 tract with executor or administrator. 
 52 L.R.A. (N.S.) 870. 
 
 Delivery upon the premises of material sold 
 to contractor. L.R.A.1915E, 302. 
 
 11. Materials furnished for struc- 
 ture, but not actually used. 
 
 Materials furnished for structure, but not 
 actually used therein, as basis of a 
 mechanics' lien. 31 L.R.A. (N.S.) 749; 
 L.R.A.1918D, 1041. 
 
 12. Materials used but not incor- 
 porated in structure. 
 
 Materials wholly or partially consumed in 
 process of work, but not becoming a 
 part of the structure. 36 L.R.A. (N.S.) 
 866. 51 L.R.A. (N.S.) 1040; L.R.A 
 1915E, 986. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MASTER AND SERVANT, IV. cont'd 
 Mechanics' lien upon premises for an im- 
 provement not placed thereon but 
 having a physical or beneficial con- 
 nection therewith. 42 L.R.A. 
 (N.S.) 354. 
 
 13. Services of architect. 
 
 Right of architect to mechanics' lien. 16 
 L.R.A. 600; 36 L.R.A. (N.S.) 354; 
 L.R.A.1915D, 204. 
 
 V. To what property or interest lie/t 
 attaches. 
 
 14. Generally. 
 
 Power of lessee or vendee to subject owner's 
 interests to mechanics' liens, see supra, 
 
 7. 
 
 Right to mechanics' lien for improvements 
 made on infant's land by authority of 
 guardian. 15 L.R.A. (N.S.) 1159. 
 Agreement between landlord and tenant as 
 to removal of fixtures and improve- 
 ments by latter as affecting third 
 person claiming a mechanics' lien. 
 45 L.R.A. (N.S.) 100; L.R.A.1915E, 
 826. 
 
 Mechanics' lien on landlord's interest for 
 labor or materials furnished tenant for 
 the building or improvement removable 
 by tenant. 6 L.R.A. (N.S.) 485: 41 
 L.R.A. (N.S.) 298. 
 Where building covers adjoining lots livid 
 
 in severalty. 30 L.R.A. (N.S.) 1219. 
 Show cases, shelving, etc., as fixtures to 
 which lien will attach. 43 L.R.A. (N.S.) 
 680. 
 
 Claim of holder of mechanics' lien on fund 
 arising from judicial sale of property 
 under a prior or contemporaneous lien 
 before distribution of the fund. 47 
 L.R.A.(N.S.) 708. 
 
 Mechanics' lien on property of charitable or 
 religious institution. 51 L.R.A. (N.S.) 
 161. 
 Mechanics' liens on trust property. L.R.A. 
 
 1916B, 1267. 
 Homestead as subject of mechanics' lien. 
 
 L.R.A.1918D, 1055. 
 
 Where homestead right is acquired 
 after making of the contract or 
 commencement of the work. L.R.A. 
 1918B, 818. 
 
 15. Several lots or buildings. 
 
 Right to file a single mechanic's lien against 
 several buildings. 17 L.R.A. 314. 
 
 16. Buildings distinct from land. 
 
 In general. 62 L.R.A. 369; L.R.A.1917C, 
 
 1119. 
 Erection upon land of a stranger. 62 
 
 L.R.A. 370; L.R.A.1917C, 1120. 
 Extension of erection upon adjoiniuir land. 
 
 62 L.R.A. 373; L.R.A.1917C, 1121. 
 Erection by husband upon wife's land. 62 
 
 L.R.A. 374; L.R.A.1917C, 1121. 
 Erection upon homestead lands. 62 L.R.A. 
 . 375; L.R.A.1917C, 1121.
 
 916 
 
 INDEX TO L.E.A. NOTES. 
 
 MECHANICS' LIENS, V. cont'd 
 
 Erection upon leasehold estates. 62 L.R.A. 
 375; L.R.A.1917C, 1121. 
 
 Erection by vendee of the land under a con- 
 tract of purchase. 62 L.R.A. 380; 
 L.R.A.1917C, 1122. 
 
 Erection upon land vested in third parties 
 by deed of trust. 62 L.R.A. 381 ; L.R.A. 
 1917C, 1123. 
 
 Failure of description of the land in affida- 
 vit of claim. 62 L.R.A. 382; L.R.A. 
 1917C, 1123. 
 
 17. Extent of land to which lien at- 
 taches. 
 
 Statutes giving lien on "lot" or "tract." 
 26 L.R.A.(N.S.) 836. 
 
 Statute expressly giving lien on land neces- 
 sary for use of improvement. 26 L.R.A. 
 (N.S.) 838. 
 
 18. Public property. 
 
 Generally. 35 L.R.A. 141; 20 L.R.A. (N.S.) 
 261-^ 41 L.R.A. (N.S.) 315. 
 
 Schoolhouses. 35 L.R.A. 142. 
 
 Courthouses. 35 L.R.A. 143. 
 
 Government land. 35 L.R.A. 144. 
 
 Basis of rule. 35 L.R.A. 144. 
 
 Exceptional cases. 35 L.R.A. 144. 
 
 The rule in Kansas. 35 L.R.A. 145. 
 
 Personal judgment. 35 L.R.A. 145. 
 
 Use must be public. 35 L.R.A. 145. 
 
 On claim or interest in public lands for 
 debts contracted before issuance of pat- 
 ent. 34 L.R.A.(N.S.) 409. 
 
 VI. Of subcontractors" and material- 
 men. 
 
 19. Generally. 
 
 Validity of statutes as to, see supra, 3. 
 
 Provision in contractor's bond for payment 
 of claims of, see BONDS, 10. 
 
 Provision in contractor's contract for pay- 
 ment of claims of, see BUILDING AND 
 CONSTRUCTION CONTRACTS, 2. 
 
 Right of subcontractor to protection of 
 statutes giving liens to "laborers," ''me- 
 chanics," "workmen," and the like. 30 
 L.R.A.(N.S.) 85. 
 
 Right of subcontractor or materialmen to 
 personal judgment against owner. 34 
 L.R.A.(N.S.) 1036; 24 L.R.A. (N.S.) 
 321. 
 
 Effect, as against subcontractors and ma- 
 terialmen, laborers, of stipulation in 
 principal contract that no lien shall be 
 asserted. 50 L.R.A.(N.S.) 159. 
 
 20. Subsequent matters affecting 
 right to lien. 
 
 Relation back of subcontractor's lien to the 
 date of that of the original contractor. 
 16 L.R.A. 335. 
 
 Effect of death of principal contractor on 
 rights of subcontractor or materialman 
 to a lien, or to payment bv owner. 20 
 L.R.A. (N.S.) 45. 
 
 Effect of bankruptcy of principal contractor 
 upon lien rights of subcontractors or 
 materialmen. 26 L.R.A. (N.S.) 409; 
 51 L.R.A. (N.S.) 68; L.R.A.1916F, 113. 
 
 Begin with thin book on every lair question. 
 
 MECHANICS' LIENS, VI. cont'd 
 21. payments to contractors. 
 
 Payment to contractors or subcontractors- 
 as affecting .liens of subordinate 
 claimants. 20 L.R.A. 560. 
 Right of owner, as against subcontractor 
 who filed lien, to credit for payments 
 made to other subcontractors or mate- 
 rialmen, who did not file liens, before 
 the expiration of the time allowed for 
 that purpose. 14 L.R.A. (N.S.) 919. 
 Application of payments made by contrac- 
 tor to subcontractor or material- 
 men as between jobs of different 
 owners. L.R.A.1916D, 1254. 
 
 VII. How icaiyed or defeated. 
 
 22. Generally. 
 
 In case of subcontractors or materialmen, 
 
 see supra, 19-2]. 
 Discharge of lien, see infra, 30. 
 
 Effect of bankruptcy of property owner on 
 
 mechanics' liens. L.R.A.19J5F, 1132. 
 Effect of judicial sale of property under 
 prior or contemporaneous lien to de- 
 vest mechanics' lien. 47 L.R.A. (N.S.) 
 706. 
 
 Provision in contract that no mechanics' 
 lieu shall be filed as affecting 
 claimants. 50 L.R.A. (N.S.) 153. 
 Waiver of laborer's lien by attachment or 
 
 execution. 50 L.R.A. 722. 
 Effect upon rights of owner of lien on build- 
 ing of its wrongful removal and attach- 
 ment to third person's land without for- 
 mer's consent. 14 L.R.A. (N.S.) 435. 
 Removal, removability, or destruction of 
 work or improvement as affecting 
 lien on the property improved. 41 
 L.R.A.IN.S.) 296; 45 L.R.A. (N.S.) 
 100; L.R.A.1915E, 826. 
 
 Acceptance of commercial paper as extin- 
 guishment of. 35 L.R.A. (N.S.) 93. 
 Recovering personal judgment against own- 
 er as waiver of mechanics' lien. 32 
 L.R.A. (N.S.) 1073. 
 
 Effect of discharge in bankruptcy on lien. 
 42 L.R.A. (N.S.) 295. 
 
 VIII. Enforcement; procedure. 
 
 23. Generally. 
 
 Effect of sale to satisfy mechanic's lien up- 
 on wife's right of dower. 18 L.R.A. 77. 
 
 Removal for separable controversy of pro- 
 ceedings to foreclose. 5 L.R.A. (N.S.) 
 72. 
 
 Right to accept favorable part of decree 
 and appeal from the rest. 29 L.R.A. 
 (N.S.) ]3. 
 
 Scire facias to fix amount of mechanics' lien 
 after judicial sale of property under 
 prior or contemporaneous lien. 47 
 L.R.A. (N.S.) 707. 
 
 In what courts liens are enforceable after 
 bankruptcy of property owner. L.R.A. 
 1915F, 1134.
 
 INDEX TO L.B..A. NOTES. 
 
 MECHANICS' LIENS, VIIL cont'd 
 24. Parties. 
 
 Contractor as a necessary party to a bill to 
 enforce a mechanics' lion. 33 L.R.A. 
 (N.S.) 69. 
 
 25. Costs; attorney's fee. 
 
 Constitutionality of statute giving attor- 
 ney's fee in suit to foreclose. 20 L.R.A. 
 565; L.R.A.1915E, 947. 
 
 26. Notice; statement. 
 
 Failure of description, of land in affidavit of 
 claim and buildings distinct from land. 
 62 L.R.A. 382. 
 
 27. effect of filing excessive lien. 
 
 Unintentional mistake. 29 L.R.A. (N.S.) 
 
 306. 
 Intentional or fraudulent overstatement. 29 
 
 L.R.A. (N.S.) 317. 
 Specific statutory provisions. 29 L.R.A. 
 
 (N.S.) 317. 
 
 28. Time of filing lien. 
 
 First and last days in computing time for. 
 49 L.R.A. 236. 
 
 Work done, or material furnished, in per- 
 fecting original work, as lienable items 
 to establish period for riling claim. 12 
 L.R.A. (N.S.) 864. 
 
 Eight to tack different contracts to perform 
 labor or furnish material for purpose 
 of extending time to file lien. 15 
 L.R.A.(N.S.) 299. 
 
 29. effect of addition of new items 
 to extend time. 
 
 General rule. 35 L.R.A. (N.S.) 902. 
 Where gratuitous or voluntary. 35 L.R.A. 
 
 (N.S.) 903. 
 
 Where trivial. 35 L.R.A. (N.S.) 904. 
 Effect of request of owner. 35 L.R.A. 
 
 (N.S.) 904. 
 Where required by contract. 35 L.R.A. 
 
 (N.S.) 905. 
 
 Effect of delay. 35 L.R.A. (N.S.) 906. 
 Wher2 furnished to remedy defect. 35 
 
 L.R.A. (N.S.) 907. 
 Extras. 35 L.R.A. (N.S.) 908. 
 Repairs. 35 L.R.A. (N.S.) 900. 
 
 30. Discharge of lien. 
 
 Devestiture of lien by judicial sale of prop- 
 erty under prior or contemporaneous 
 lien. 47 L.R.A. (N.S.) 706. 
 
 31. Personal judgment. 
 
 In action to enforce mechanic's lien on pub- 
 lic property. 35 L.R.A. 145. 
 
 Right of subcontractor or materialmen to 
 personal judgment against owner. 14 
 L.R.A.(N.S.) 1036; 24 L.R.A.(N.S.) 
 321. 
 
 Recovering personal judgment against own- 
 er as waiver of mechanics' lien. 32 
 L.R.A.(N.S.) 1073. 
 
 32. Amount recoverable. 
 
 Amount recoverable under New York me- 
 chanics' lien law. 13 L.R.A. 706.* 
 Consult also L.R.A. Digests of Cases. 
 
 MEDICAL ASSISTANCE. 
 
 Master's duty as to, see MASTER AXD SERV- 
 
 ANT, 58. 
 
 MEDICAL ATTENDANCE. 
 
 Cost of, as element of damages, see DAM- 
 AGES, 58. 
 In general, see PHYSICIANS AND SURGEONS. 
 
 Cost of, as element of recovery under Work- 
 man's Compensation Act. L.R.A. 1917D, 
 178. 
 
 Duty, and liability of one other than a 
 physician or surgeon who contracts to 
 provide medical or surgical attention 
 to another. 36 L.R.A. (N.S.) 50; L.R.A. 
 11)150, 884. 
 
 Criminal responsibility for failure to pro- 
 vide child with medical attendance and 
 remedies. 6 B. R. C. 464. 
 
 Effect of failure to provide medical attend- 
 ance to render one guilty of manslaugb- 
 ter. 45 L.R.A. (N.S.) 559. 
 
 Liability of relative for medical services to 
 pauper. L.R.A.1915E, 844. 
 
 Liability of husband for medical attendance 
 during wife's last sickness. 47 L.R.A. 
 (N.S.) 283. 
 
 As family necessaries for which husband is 
 liable when furnished at request of wife. 
 47 L.R.A. (N.S.) 281. 
 
 As a family expense or necessary within 
 statute rendering wife or her property 
 liable therefor. L.R.A.1917F, 863. 
 
 MEDICAL BOARDS. 
 
 Judicial power to review action of boards 
 in respect to licenses of physicians, 
 dentists, etc. 20 L.R.A. 355. 
 
 MEDICAL BOOKS. 
 
 As evidence. 40 L.R.A. 553. 
 
 MEDICAL COLLEGE. 
 
 Determining character or standing of, for 
 purpose of license statutes. 22 L.R.A. 
 (N.S.) 735. 
 
 MEDICAL EXAMINATION. 
 
 Provision in workmen's compensation act 
 for medical examination of injured 
 workmen. L.R.A.1916A, 160.
 
 018 
 
 INDEX TO L.R.A. NOTES. 
 
 MEDICAL EXPENSES. 
 
 In case of emergency, see EMERGENCY, 5. 
 
 MEDICAL SERVICES. 
 
 See MEDICAL ATTENDANCE. 
 
 MEDICAL SUPERINTENDENT. 
 
 Right of woman to be. 38 L.R.A. 211. 
 
 MEDICAL TREATMENT. 
 
 Liability under accident policy for death or 
 injury caused by. 26 L.R.A.(N.S.) 
 1004; L.R.A.1915E, 955. 
 
 Nondelegability of master's duty to furnish 
 proper treatment. 54 L.R.A. 83. 
 
 MEDICINAL COMPOUNDS. 
 
 Medicinal compounds containing alcoholic 
 liquor as within prohibitory or regula- 
 tory statutes. L.R.A.1917F, 246. 
 
 MEDICINE. 
 
 Liability of druggists as to, see DRUGS AND 
 
 DRUGGISTS, 5. 
 Validity of agreements as to, see DRUGS 
 
 AND DRUGGISTS, 6. 
 Patent medicine, see PATENT MEDICINES. 
 Practice of, see PHYSICIANS AND SURGEONS. 
 
 Liability of seller for damage to live stock 
 by improper medicine. L.R.A. 1916B, 
 1108. 
 
 MEDIUM. 
 
 Of payment, see PAYMENT, 
 
 6-11. 
 
 MEETING. 
 
 Of corporate officers, see CORPORATIONS, 
 60. 
 
 Of stockholders, see CORPORATIONS, 122- 
 126. 
 
 Of religious societies, see RELIGIOUS SO- 
 CIETIES, 2. 
 
 Of school district, see SCHOOLS, 26. 
 
 Disturbing meeting, see DISTURBING MEET- 
 ING. 
 
 Right of public to attend municipal council 
 meetings. 1 B. R. C. 296. 
 
 MEETING OF MINDS. 
 
 In execution of contract, see CONTBACTS,. 
 19-23. 
 
 MEMBERSHIP. 
 
 In religious society, see RELIGIOUS SO- 
 CIETIES, 11-13. 
 
 MEMORANDA. 
 
 Within statute of frauds, see CONTRACTS. 
 52. 
 
 Admissibility of, in evidence, see EVIDENCE,, 
 135. 
 
 Making or altering of, as forgery, see FOR- 
 GERY, 6. 
 
 Right of stockholder to make, from books. 
 45 L.R.A. 449. 
 
 Forgery by making or altering. 54 L.R.A. 
 794. 
 
 Impeachment of enrolled bill by. 40 L.R.A.. 
 (N.S.) 31. 
 
 On back of note at time of execution as sub- 
 stantive part thereof. 15 L.R.A.. 
 (N.S.) 612. 
 
 Making of memorandum on negotiable in- 
 strument as an alteration. L.R.A, 
 1916D, 533. 
 
 Use of private memoranda by counsel in 
 argument to jury. L.R.A.1918D, 80. 
 
 MEMORY. 
 
 Impairment of, as defense to prosecution for 
 perjury. 21 L.R.A. (N.S.) 993. 
 
 Weakness of. as affecting testamentary ca- 
 pacity. 27 L.R.A. (N.S.) 42. 
 
 MENACE. 
 
 See THREATS. 
 
 MENTAL ANGUISH. 
 
 Damages for, see DAMAGES, 96-106. 
 
 Necessity of corroboration of admission or 
 testimony of party to divorce in re- 
 lation to mental suffering or other 
 state of mind. 25 L.R.A. (N.S.) 45. 
 
 Of accused as affecting vohintariness of 
 confession. 18 L.R.A. ( N.S. } 790. 
 
 Begin tritli tliis Ijoolc on every latv question. 
 
 MENTAL CAPACITY. 
 
 Of testator, see WILLS, 9-15.
 
 INDEX TO L.R.A. NOTES. 
 
 919 
 
 MENTAL CONDITION. 
 
 Aa affecting criminal responsibility, see 
 CRIMINAL LAW, 8, 9. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 721. 
 
 As affecting aclmissibility of dying declara- 
 tions. 56 L.R.A. 381. 
 
 As affecting voluntariness of confession. 
 50 L.R.A. (N.S.) 1082. 
 
 MENTAL HEALERS. 
 
 See MENTAL SUGGESTION. 
 
 MENTAL SUGGESTION. 
 
 Application of statutes regulating practice 
 of medicine to treatment by. 3 L.R.A. 
 (N.S.) 763; 24 L.R.A. (N.S.) 103; 25 
 L.R.A.(N.S.) 1297; L.R.A.1917C, 827. 
 
 MERCANTILE AGENCY. 
 
 See COMMERCIAL AGENCIES. 
 
 MERCANTILE BUSINESS. 
 
 See MERCHANTS. 
 
 MERCHANDISE. 
 
 Seller's liability for injuries due to defects 
 in, see NEGLIGENCE, 15. 
 
 Liability for failure to forward bonded 
 merchandise. 4 L.R.A.(N.S.) 1060. 
 
 Sufficiency of selection or designation of 
 part sold out of a larger lot. 26 L.R.A. 
 (N.S.) 41. 
 
 Validity of chattel mortgage of stock of, as 
 affected by provision or agreement giv- 
 ing mortgagor possession with power 
 of sale. 36 L.R.A. (N.S.) 1181. 
 
 MERCHANTS. 
 
 Libel or slander of, see LIBEL AND SLANDER, 
 
 10, 17, 26. 
 Unlawful combinations of, or against, see 
 
 MONOPOLIES, II. 
 Liability for sale of dangerous or defective 
 
 article or substance, see NEGLIGENCE, 
 
 15. 
 
 Validity of contract by unlicensed mer- 
 chant. 12 L.R.A. (N.S.) 616. 
 
 Discrimination against nonresidents by 
 statute or ordinance imposing license 
 tax on. 40 L.R.A. (N.S.) 285. 
 
 Conrnlt also L.R.A. Digests of Cases. 
 
 MERCHANTS cont'd 
 
 Power of municipality to regulate use of 
 scales by. 23 L.R.A.(N.S.) 266. 
 
 Liability for malicious acts of employees 
 towards customers. 4 L.R.A. (N.S.) 
 485. 
 
 Merchants as peddlers or hawkers within 
 statutory or municipal regulations. 
 L.R.A. 1916B, 1296. 
 
 Validity of restrictive agreement ancillary 
 to sale of mercantile business as af- 
 fected by its territorial scope. L.R.A. 
 1916C, 630. 
 
 Validity of public restrictions as to loca- 
 tion of mercantile business. 49 L.R.A. 
 (N.S.) 438; L.R.A.1917F, 1060. 
 
 Validity of statute or ordinance requiring 
 closing of mercantile establishment at 
 certain hours. L.R.A.1916A, 654. 
 
 MERCHANTS' DESPATCH. 
 
 Character of, as common carriers. 42 L.R.A. 
 (N.S.) 902. 
 
 MERCY. 
 
 Intimation that recommendation to mercy 
 would be entertained as ground for re- 
 versal of conviction. 40 L.R.A. (N.S.) 
 239. 
 
 MERETRICIOUS RELATIONS. 
 
 See also ILLICIT COHABITATION. 
 
 Effect of meretricious relations between 
 testator and beneficiary on validity of 
 devise or bequest. 17 L.R.A. (N.S.) 
 477. 
 
 Right to recover for household services ren- 
 dered while the parties were living in 
 illicit relations. 29 L.R.A. (N.S.) 787 \ 
 L.R.A.1917B, 683. 
 
 Character of presumption as to undue in- 
 fluence in bequest to mistress. 11 
 L.R.A.(N.S.) 554; 17 L.R.A.(N.S.) 
 477. 
 
 Slander in charging woman with being one's 
 mistress. 24 L.R.A. (N.S.) 611, 
 
 MERGER. 
 
 1. Generally. 
 
 Of contracts, see CONTRACTS, 60. 
 
 Of corporations, see CORPORATIONS, III. 
 
 Of mortgage, see MORTGAGE, 58. 
 
 Of stipulations as to title in executory con- 
 tract in subsequently executed convey- 
 ance, see VENDOR AND PURCHASER, 42. 
 
 In case of estate by entireties. 30 L.R.A. 
 313. . 
 
 Of private injury for death of child in pub- 
 lic wrong. 41 L.R.A. 807.
 
 920 
 
 INDEX TO L.R.A. NOTES. 
 
 MERGER cont'd 
 
 Effect of union of life estate and remote re- 
 mainder or reversion in the same per- 
 son, upon intermediate contingent re- 
 mainder. 7 L.R.A.(N.S.) 433. 
 
 Sale of collateral merging security in debt. 
 37 L.R.A.(N.S.) 714. 
 
 2. In judgment. 
 
 Merger of cause of action in foreign judg- 
 ment in personam. 20 L.R.A. 681. 
 
 Effect of judgment against garnishee to 
 merge principal debtor's liability. 47 
 L.R.A. 131. 
 
 Judgment on judgment of sister state as 
 merger of the original. 42 L.R.A. 
 (X.S.) 360. 
 
 MERITS. 
 
 Affidavit of, see JUDGMENT, 88. 
 
 MERRY-GO-ROUND. 
 
 Injunction against, by municipality. 41 
 
 L.R.A. 322. 
 Liability of person maintaining, for safety 
 
 of patrons. 42 L.R.A. (N.S.) 1070. 
 
 MESNE PROFITS. 
 
 Right of doweress to. 21 L.R.A. 180. 
 
 Liability of cotenant for. 28 L.R.A. 857. 
 
 Claim for, as debt within provision as to 
 imprisonment for debt. 34 L.R.A. 641. 
 
 Burden of proof in action to recover for 
 failure to execute process. 3 L.R.A. 
 (N.S.) 420. 
 
 Recovery of, by landowner upon retaking 
 possession of land upon which there are 
 standing crops raised by one not in 
 privity with him. L.R.A.1918A, 552. 
 
 MESSAGES. 
 
 Telegraph messages, see TELEGRAPHS, 8. 
 By telephone, see TELEPHONES, 10. 
 
 MESSENGER. 
 
 Improper influence or interference with 
 
 grand jury by. 28 L.R.A. 371. 
 Duty and liability for conduct of messen- 
 
 Eers furnished for use of others. 2 
 .R.A.(N.S.) 1091. 
 
 Liability for personal injury caused by dis- 1 
 trict messenger. L.R.A*.1918D, 360. 
 
 METALS. 
 
 Sufficiency of delivery of. on sale out of 
 larger lot. 26 L.R.A. (N.S.) 44. 
 
 METERS. 
 
 Gas meter, see GAS. 10. 
 For water, see WATERS, 124. 
 
 METHEGLIN. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 MEXICAN GRANT. 
 
 Location of mining claim on, 7 L.R.A. 
 
 (N.S.) 786. 
 
 MEXICAN REVOLUTION. 
 
 Litigation arising out of. 
 280; L.R.A.1918E, 361. 
 
 L.R.A.1917A, 
 
 MIDDLEMAN. 
 
 Liability of seller for injury due to defects 
 in things sold, see NEGLIGENCE, 15. 
 
 Fraud and secret dealings of, as affecting 
 commissions. 45 L.R.A. 51. 
 
 MIDWIVES. 
 
 Midwifery as practice of medicine contra- 
 vening statute. 17 L.R.A. (N.S.) 94. 
 
 Constitutionality of statute as to reporting 
 and registering births, deaths, etc. 39 
 L.R.A.(N.S.) 1015. 
 
 MIGRATION. 
 
 As ground for forfeiting corporate charter. 
 24 L.R.A. 462. 
 
 Begin iritJi thin 7>oo7>; on every law question. 
 
 MIGRATORY BIRDS. 
 
 Constitutionality of the migratory birds 
 provision in the act of Congress of 
 March 4, 1913. L.R.A.1915F, 1031.
 
 INDEX TO L.R.A. NOTES. 
 
 921 
 
 MILCH COWS. 
 
 Police regulations as to food for. 1 L.R.A. 
 (N.S.) 932. 
 
 MILEAGE BOOKS. 
 
 Validity of statutes requiring issuance of, 
 at reduced rates. 7 L.R.A. (N.S.) 1086. 
 
 Validity of regulations by public concerning 
 the manner of using. L.R.A.1915E, 902. 
 
 MILITARY DUTY. 
 
 In general, see ARMY AND NAVY; MILITIA. 
 
 Homicide in discharge of military duty. 
 67 L.R.A. 295. 
 
 Scope and effect of provision exempting in- 
 surer from loss caused by military 
 power. 36 L.R.A. (N.S.) 1155. 
 
 *--* 
 
 MILITARY LAWS. 
 
 Right to convict for offense against both 
 military and civil authorities. 31 
 L.R.A.(N.S.) 710. 
 
 MILITARY POWER. 
 
 As to compulsory military service, see COM- 
 PULSORY MILITARY SERVICE. 
 
 Power of governor, in exercise of power to 
 suppress insurrection, to authorize 
 arrest and detention of persons without 
 turning them over to the civil authori- 
 ties. 12 L.R.A. (N.S.) 979. 
 
 MILITARY RESERVATION. 
 
 Location of mining claim on. 7 L.R.A. 
 
 (N.S.) 790. 
 Cutting of timber on. 70 L.R.A. 909. 
 
 MILITARY SERVICE. 
 
 See ARMY AND NAVY. 
 
 MILITIA. 
 
 Exemption of firemen from duty in, see 
 FIRE DEPARTMENT, 2. 
 
 Giving of free service or reduced rates to 
 state militia by public service corpora- 
 tion as an unlawful discrimination. 
 L.R.A.1918D, 907. 
 
 Calling out, for service. 15 L.R.A. 116. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MILITIA cont'd 
 
 Enlistment in, of minor without parent's 
 consent, 39 L.R.A. (N.S.) 454. 
 
 Power of governor to disband. 23 L.R.A. 
 510. 
 
 Are state militias subject to the articles of 
 war of the United States. 40 L.R.A. 
 (N.S.) 354. 
 
 Right conferred by statutory exemption of 
 fireman from jury or militia duty. 8 
 L.R.A. (N.S.) 498. 
 
 Right of officer of regiment of, to maintain 
 action for libel or slander based on 
 charges against officers of regiment 
 without naiying any particular one. 
 23 L.R.A. (N.S.) 728. 
 
 Power to require carrier to transport mi- 
 litia at reduced rate. 41 L.R.A. (N.S.) 
 524. 
 
 Power of state under Federal Constitution 
 to legislate with respect to militia. 
 L.R.A.1918C, 307. 
 
 Power of legislature to make 'appropriation 
 to compensate injured militiaman. 44 
 L.R.A.(N.S.) 83. 
 
 Power to change the duties or field of ser- 
 vice of militiamen. L.R.A.1915E, 235. 
 
 Civil and criminal responsibility of militia- 
 men. L.R.A. 1915A, 1141. 
 
 MILK. 
 
 See FOOD, 8. 
 
 MILKMEN. 
 
 Regulations as to generally, see FOOD, 8. 
 
 Milkmen as peddlers or hawkers. L.R.A. 
 1916B, 1297. 
 
 MILLDAM. 
 
 See DAMS. 
 
 MILLING IN TRANSIT. 
 
 See TRANSIT PRIVILEGES. 
 
 MILL POND. 
 
 Right to fish in. 60 L.R.A. 513. 
 
 Right to consider value of property as part 
 of natural waterpower in fixing com- 
 pensation for taking land for. 3 L.R.A. 
 (N.S.) 912. 
 
 MILL RACE. 
 
 See RACE, 3.
 
 922 
 
 INDEX TO L.R.A. NOTES. 
 
 MILLS. 
 
 1. Generally. 
 
 Milldams, see DAMS. 
 
 Grant of water power for, see WATERS, 
 99, 100. 
 
 Situs of mill site or water power for pur- 
 poses of taxation. L.R.A.1917F, 591. 
 
 Servants in, as fellow servants. 50 L.R.A. 
 436, 461. 
 
 Persons operating, as independent con- 
 tractors. 65 L.R.A. 467, 488; 17 L.R.A. 
 (N.S.) 374. 
 
 Character of occupancy of employees in. 
 4 L.R.A.(N.S.) 715., 
 
 Interference with mill by damming back 
 water of stream. 59 L.R.A. 819. 
 
 Loss of profits as elements of damages for 
 interference with water power of mill. 
 52 L.R.A. (N.S.) 1004. 
 
 Right to exercise power of eminent domain 
 for purpose of. 18 L.R.A.(N.S.) 356. 
 
 2. Conveyance of. 
 
 How far grant of mill includes water right. 
 
 58 L.R.A. 487. 
 What passes by devise of a mill. L.R.A. 
 
 1917D, 435) 436. 
 
 3. Rights of upper and lower own- 
 ers. 
 
 Right as between appropriator, above, and 
 junior appropriator below, mill, during 
 periods when water is not used by mill. 
 30 L.R.A.(N.S.) 615. 
 
 and prices. 
 
 without franchise. 
 
 37 
 
 33 L.R.A. 
 
 4. Tolls, rates, 
 
 Right to take toll 
 L.R.A. 712. 
 
 Legislative regulation of tolls of. 
 182. 
 
 Business of, as affected with a public inter- 
 est authorizing regulation of rates and 
 prices. 6 L.R.A. (N.S.) 836. 
 
 MINERAL LANDS. 
 
 Right to cut timber on. 70 L.R.A. 904. 
 
 MINERAL OIL. 
 
 See MINES, 33-38. 
 
 MINERALS. 
 
 fn general, see MINES. 
 
 Right to minerals in highway, see HIGH- 
 WAYS. 44. 
 
 MINES. 
 
 7. In general, 1-3. 
 II. On public lands, 4-26. 
 
 a. In general, 4-S. 
 
 b. Location, 9-21. 
 
 c. Relocation, 22, 23. 
 
 d. Adverse or ftrotest, 24. 
 
 e. Assessment icork; abandon- 
 
 ment; forfeiture. 25, 26. 
 
 III. On private land, 27-3S. 
 
 a. In general, 27-3O. 
 
 b. Coal, 31, 32. 
 
 c. Oil and gas, 33-38. 
 
 1. In general, 33, 34. 
 
 2. Leases, 35-38. 
 
 IV. Employees and independent con- 
 
 tractors in, 39-42. 
 
 I. In general. 
 
 1. Generally. 
 
 Condemnation of land for mining purposes, 
 see EMINENT DOMAIN. 12. 
 
 Injunction against mining operations, see 
 INJUNCTION, 24. 
 
 Mineral rights of life tenant, see LIFE TEN- 
 ANTS. 3, 4. 
 
 Master's liability for injury to employee in, 
 see MASTER* AND SERVA'NT, 91,*91a. 
 
 Mining corporation, see MINING CORPO- 
 RATION. 
 
 Mining partnership, see MINING PARTNER- 
 SHIP. 
 
 Pollution of water for mining purposes or 
 by mining operations, see WATERS, 58. 
 
 Organization of mining lands into munici- 
 pal corporation, L.R.A.1918B, 1090. 
 
 Operation of mine as a nuisance. L.R.A. 
 1917B, 313. 
 
 Right to discharge water from, on lower 
 land. 42 L.R.A. (N.S.) 714. 
 
 Right to partition mineral lands. L.R.A. 
 1916D, 1154. 
 
 Working part of mine as adverse possession 
 of whole property. 3 B. R. C. 418. 
 
 Extent of rights acquired by adverse pos- 
 session of surface of land. 4 B. R. C. 
 238. 
 
 2. Minerals generally. 
 
 Widow's dower right in minerals, see DOW- 
 ER, 18. 
 
 Specific performance of contract for product 
 of mine. L.R.A.1918E, 623. 
 
 Sufficiency of delivery of minerals on sale 
 out of larger lot." 20 L.R.A. (N.S.) 44. 
 
 Right to mineral in railroad right of way 
 as between companv and fee owner. 45 
 L.R.A. (N.S.) 801. " 
 
 Minerals as subject of larcenv. 49 L.R.A. 
 (N.S.) 966, 969. 
 
 Constitutionality of classification oT min- 
 erals for purpose of taxation. L.R.A. 
 1916F, 164. 
 
 Effect of partition of premises leased for 
 mining purposes on right to the royal- 
 ty. L.R.A.1918B, 1080! 
 
 3. Acquiring 
 domain. 
 
 property by eminent 
 
 Taking of property for mining purposes as 
 
 Begin irtth this book on every law question. 
 
 a public purpose. 22 L.R.A. (N.S.) 153.
 
 INDEX TO L.R.A. NOTES. 
 
 923 
 
 MINES, I. cont'd 
 
 Production of gold as a public purpose for 
 which the right of eminent domain may 
 be exercised. 15 L.R.A. ( X.S.) (>!<>. 
 
 Taking property for mining road under 
 power of eminent domain. 1 L.R.A. 
 (X.S.) 977: 22 L.R.A. (X.S.) 701. 
 
 Power to exercise right of eminent domain 
 for purpose of securing right of way 
 lor tunnel. 4 L.R.A. (X.S.) 106. 
 
 //. On public lands, 
 a. In general. 
 
 4. Generally. 
 
 Specific performance of contract for inter- 
 est in mining claim. L.R.A. 1918K, 627. 
 
 ConclusiveiH'ss of decisions or findings of 
 the Land Department as to whether 
 land is mineral or nbnmineral. L.R.A. 
 1918D, 627. 
 
 Question relating to mining claims as Fed- 
 eral question. 62 L.R.A. 534. 
 
 Custom as to prior appropriation of water 
 
 for. 30 L.R.A: mm. 
 
 Pollution of stream by mining operations. 
 24 L.R.A. 64; 22 L.R.A. (X.S.) 276; 38 
 L.R.A. (X.S.) 272; L.R.A.1915D, 911. 
 
 Acquiring title to mining claim by adverse 
 possession. 40 L.R.A. (N.S. ) 817. 
 
 Right to cut timber on mineral lands. 70 
 L.R.A. 904. 
 
 Descent of unpatented mining claim. 4 
 L.R.A. (X.S.) 919. 
 
 Liability for removal of lateral or sub- 
 r .jacont support of land by placer min- 
 'ing. 68 L.R.A. 674. 
 
 Interest of other than the owner of soil 
 in mineral in situ as independent sub- 
 ject of taxation. L.R.A.1916D, 307. 
 
 Right to pump up water where the result 
 is to carry away another's mineral in 
 solution. "5 B. R. C. 254. 
 
 Right of owner or lessee of mineral in place, 
 as to use of surface. 48 L.R.A. 
 (X.S.) 883. 
 
 5. Rights under tunnel-site loca- 
 tions. 
 
 Statutory authority for tunnel-site loca- 
 tions. 53 L.R.A. 794. 
 
 Precedence as between tunnel locator and 
 surface locator. 53 L.R.A. 794. 
 
 Extent of tunnel locator's right to veins dis- 
 covered in tunnel. 53 L.R.A. 795. 
 
 Necessity of following up discovery in tun- 
 nel by location on surface. 53 L.R.A. 
 795. 
 
 Right and duty of tunnel locator to "ad- 
 verse" surface locations ; meaning of 
 "line of tunnel," 53 L.R.A. 796. 
 
 Expenditures on tunnel. 53 L.R.A. 799. 
 
 Location and notice of tunnel claim. 53 
 L.R.A. 799. 
 
 Miscellaneous. 53 L.R.A. 799. 
 
 6. Lodes or veins within placer 
 claims. 
 
 Generally. 50 L.R.A. 289. 
 
 When lode excluded from placer patent. 50 
 
 L.R.A. 289. 
 Consult also L.R.A. Digests of Cases. 
 
 I MIXES, II. a cont'd 
 
 I Entertaining applications, and granting pat- 
 ents, for lode claims after issuance of 
 placer patent. 50 L.R.A. 293. 
 
 Width of lode claim. 50 L.R.A. 294. 
 
 Adverse; effect of judgment in adverse suit. 
 50 L.R.A. 294.' 
 
 Right to locate lode claim before applica- 
 tion for placer patent. 50 L.R.A. 295. 
 
 Miscellaneous. 50 L.R.A. 296. 
 
 7. Veins intersecting, crossing, or 
 uniting. 
 
 Veins intersecting or crossing, generally. 51) 
 
 L.R.A. 209. 
 
 Necessity of adversing. 50 L.R.A. 212. 
 Veins uniting. 50 L.R.A. 212. 
 Extent of tunnel locator's rights to veins 
 
 discovered in tunnel. 53 L.R.A. 795. 
 
 8. Right to follow vein on dip be- 
 yond surface lines. 
 
 In general. 53 L.R.A. 491. 
 
 Parallelism of lines. 53 L.R.A. 492. 
 
 When the apex crosses both side lines. 53 
 
 L.R.A. 495. 
 When the apex crosses an end line and a 
 
 side line. 53 L.R.A. 496. 
 When the apex enters across a side line and 
 
 departs across the same side line. 53 
 
 L.R.A. 497. 
 Identity of the vein or lode. 53 L.R.A. 
 
 497. 
 Conflict and prioritv of rights. 53 L.R.A. 
 
 499. 
 Uniting interests; laying lines of junior, 
 
 upon senior, location. 53 L.R.A. 501. 
 The right as affected by contract. 53 L.R.A. 
 
 502. 
 
 Degree of dip. 53 L.R.A. 503. 
 Right as to veins other than discovery vein. 
 
 53 L.R.A. 503. 
 Title to ore bodies that apex beyond claim, 
 
 when adverse party cannot follow dip. 
 
 53 L.R.A. 504. 
 Miscellaneous. 53 L.R.A. 506. 
 
 l>. Location. 
 
 9. Generally. 
 
 Mining claim and location denned. 7 L.R.A. 
 
 (N.S.) 765. 
 Right to locate lode claim before application 
 
 for placer patent. 50 L.R.A. 295. 
 Effect of excessive location of mining claim. 
 
 28 L.R.A. (N.S.) 1029. 
 
 10. Location previous to mining 
 statutes. 
 
 Foundation of the right. 7 L.R.A.(N.S.) 
 
 768. 
 Miners' rules and regulations. 7 L.R.A. 
 
 (N.S.) 768. 
 What land could be taken. 7 L.R.A. (N.S.) 
 
 769. 
 The question of possession. 7 L.R.A. (N.S.) 
 
 772. 
 
 Extent of claim. 7 L.R.A. (N.S.) 773. 
 Notice of appropriation. 7 L.R.A. (N.S.) 
 
 774.
 
 924 
 
 INDEX TO L.R.A. NOTES. 
 
 MINES, II. b cont'd 
 
 11. Statutory authority for. 
 
 The Federal statutes. 7 L.R.A.(N.S.) 775. 
 
 Supplementary legislation by states and ter- 
 ritories. 7 L.R.A. (N.S.) 776. 
 
 Supplementary rules and regulations of 
 miners. 7 L.R.A. (N.S.) 776. 
 
 12. What lands may be located. 
 
 Unoccupied, unappropriated public domain. 
 
 7 L.RJMN.S.) 777. 
 
 Mineral lands. 7 L.R.A.(N.S.) 791. 
 \Vliat substances in lands are mineral. 7 
 
 L.R.A.(N.S.) 805. 
 
 Placer deposits. 7 L.R.A. (N.S.) 809. 
 Coal and oil lands. 7 L.R.A. (N.S.) 810. 
 
 13. Who may locate. 
 
 The general rule. 7 L.R.A.(N.S.) 812. 
 Citizens. 7 L.R.A. (N.S.) 812. 
 Corporations. 7 L.R.A. (N.S.) 816. 
 Nonresidents, minors, etc. 7 L.R.A. (N.S.) 
 
 816. 
 Agents, partners, etc. 7 L.R.A. (N.S.) 817. 
 
 14. Discovery. 
 
 Necessity of. 7 L.R.A.(N.S.) 819. 
 Prospecting for. 7 L.R.A.(N.S.) 820. 
 What constitutes. 7 L.R.A.(N.S.) 821. 
 The apex with reference to discovery and 
 
 holding surface. 7 L.R.A. (N.S.) 824. 
 By whom made. 7 L.R.A. (N.S.) 825. 
 Time of making. 7 L.R.A. (N.S.) 825. 
 Place of. 7 L.R.A. (N.S.) 826. 
 Determination as to existence and discovery 
 
 of ore. 7 L.R.A. (N.S.) 829. 
 Discovery in placer mining. 7 L.R.A. (N.S.) 
 
 831. 
 Necessity of following discovery in tunnel by 
 
 location on surface. 53 L.R.A. 795. 
 
 15. Notice of. 
 
 When required. 7 L.R.A. (N.S.) 832. 
 The purpose or object. 7 L.R.A.(N.S.) 833. 
 Posting. 7 L.R.A. (N.S.) 833. 
 Contents. 7 L.R.A. (NS.) 834. 
 In placer mining. 7 L.R.A. (N.S.) 838. 
 Location and notice of tunnel claims. 53 
 L.R.A. 799. 
 
 16. Discovery or development work. 
 
 Provision for. 7 L.R.A. (N.S.) 839. 
 Purpose and validity. 7 L.R.A.(N.S.) 839. 
 Effect of noncompliance. 7 L.R.A. (N.S.) 
 
 839. 
 
 Location of shaft. 7 L.R.A. (N.S.) 840. 
 The disclosure of mineral. 7 L.R.A. (N.S.) 
 
 841. 
 
 Time of completion. 7 L.R.A. (N.S.) 842. 
 Equivalent of the shaft. 7 L.R.A.(N.S.) 
 
 842. 
 
 17. Surface area of. 
 
 The surface incident to lode. 7 L.R.A. 
 
 (N.S.) 842. 
 Location with reference to strike of vein. 
 
 7 L.R.A. (N.S.) 843. 
 Form. 7 L.R.A. (N.S.) 845. 
 Size. 7 L.R.A. (N.S.) 848. 
 Fixing boundaries; swinging claim. 7 
 
 L.R.A. (N.S.) 851. 
 
 MINES, II. b cont'd 
 Laving over adjoining 
 (N.S.) 853. 
 
 claims. 7 L.R.A. 
 
 Begin with this boolc on every law question. 
 
 18. Marking upon the ground. 
 
 Provision for and purpose of. 7 L.R.A. 
 (N.S.) 856. 
 
 Necessity of compliance. 7 L.R.A. (N.S.) 
 856." 
 
 Time of. 7 L.R.A. (N.S.) 857. 
 
 Sufficiency of. 7 L.R.A. (N.S.) 858. 
 
 Marking placer claims. 7 L.R.A. (N.S.) 
 862. 
 
 Controlling character of marks. 7 L.R.A. 
 (N.S.) 863. 
 
 Removal or obliteration of marks. 7 L.R.A. 
 (N.S.) 864. 
 
 Necessity of marking on the ground bound- 
 aries of placer claims on surveyed land 
 of the United States. 3 L.R.A. (N.S.) 
 993. 
 
 19. Record. 
 
 Necessity of, under the Federal statute. 7 
 
 L.R.A. (N.S.) 864. ' 
 
 Provisions for, by state and territorial stat- 
 utes. 7 L.R.A. (N.S.) 865. 
 Provision for, by rules and regulations of 
 
 miners. 7 L.R.A. (N.S.) 866. 
 Purpose and effect. 7 L.R.A. (N.S.) 867. 
 Application of rules to placer-mining claims. 
 
 7 L.R.A.(N.S.) 867. 
 Contents. 7 L.R.A. (N.S.) 868. 
 Verification. 7 L.R.A. (N.S.) 875. 
 The act of recording. 7 L.R.A. (N.S.) 877. 
 The record as evidence. 7 L.R.A. (N.S.) 879. 
 
 20. Additional or amended location. 
 
 Authority for and purpose and nature of. 
 
 7 L.R.A. (N.S.) 880. 
 By whom it may be made. 7 L.R.A. (X.S.) 
 
 881. 
 
 Defects which may be reached and changes 
 made. 7 L.R.A. (N.S.) 882. 
 
 21. Full performance as prerequisite 
 to possessory title. 
 
 General rule. 7 L.R.A. (N.S.) 884. 
 
 The question of time of performance. 7 
 
 L.R.A. (N.S.) 885. 
 Exceptions based on possession. 7 L.R.A. 
 
 (N.S.) 886. 
 
 c. Relocation. 
 
 22. Generally. 
 
 Additional or amended location, see supra, 
 20. 
 
 Right of cotenant, agent, or person standing 
 in other fiduciary relation, to re- 
 locate a mining claim for his own 
 benefit to the exclusion of other 
 party. 50 L.R.A. 184. 
 
 Respective rights of one who relocates min- 
 ing ground before, and one who relo- 
 cates it after, the abandonment or for- 
 feiture of a senior location. 16 L.R.A. 
 (N.S.) 162.
 
 INDEX TO L.R.A. NOTES. 
 
 925 
 
 MIXES, II. c cont'd 
 
 When mining claim becomes segregated from 
 public domain so as to be no longer sub- 
 ject to requirements for assessment 
 work or liable to relocation. 38 L.R.A. 
 (N.S.) 1121. 
 
 23. as abandoned or forfeited. 
 
 When claim subject to relocation. 68 L.R.A. 
 833. 
 
 Resumption of work. 68 L.R.A. 837. 
 
 Who may relocate. 68 L.R.A. 841. 
 
 When all or part of forfeited or aban- 
 doned claim was within lines of junior 
 location, or subsequent right of way. 
 68 L.R.A. 842; 16 L.R.A. (N.S.) 162. 
 
 Requisites and mode of relocation. 68 
 L.R.A. 845. 
 
 Right of relocator to be credited with value 
 of improvements made by original lo- 
 cator. 68 L.R.A. 846. 
 
 Character and availability of relocator's 
 rights. 68 L.R.A. 846. 
 
 Burden of proof; pleading. 68 L.R.A. 847. 
 
 Procedure when relocation made pending ap- 
 plication for patent. 68 L.R.A. 847. 
 
 Placer claims. 68 L.R.A. 848. 
 
 Miscellaneous. 68 L.R.A. 848. 
 
 d. Adverse or protest. 
 
 24. Generally. 
 
 Right and duty of tunnel locator to "ad- 
 verse" surface locations. 53 L.R.A. 796. 
 
 Adverse; effect of judgment in adverse suit. 
 50 L.R.A. 294. 
 
 Necessity of adversing in case of veins in- 
 tersecting, crossing, or uniting. 50 
 L.R.A. 212. 
 
 Duty and right of excluded co-owner to file 
 adverse or protest against application 
 for patent to a mining claim. 4 L.R.A. 
 (N.S.) 1126. 
 
 e. Assessment ivork; abandonment; 
 forfeiture. 
 
 25. Assessment work. 
 
 Discovery or development work as essential 
 element of location, see supra, 16. 
 
 Effect of performance of, or contribution 
 to, assessment work by one not the 
 owner of the legal title, nor his agent, 
 to prevent forfeiture of mining claim. 
 9 L.R.A. (N.S.) 1136. 
 
 When mining claim becomes segregated 
 from public domain so as to be no 
 longer subject to requirements as to 
 assessment work or liable to relocation. 
 38 L.R.A.(N.S.) 1121. 
 
 26. Abandonment; forfeiture. 
 
 Relocation of mining claim as forfeited. 68 
 L.R.A. 833. 
 
 Respective rights of one relocating a min- 
 ing claim before and one relocating it 
 after abandonment or forfeiture of 
 senior location. 16 L.R.A. (N.S.) 162. 
 
 Effect of previous abandonment of opened 
 mine on rights of tenant for life. 36 
 L.R.A. (N.S.) 1103. 
 
 Consint also L.R.A. Digests of Cases. 
 
 MINES, II. e cont'd 
 
 Effect of performance of, or contribution to 
 assessment work by one not the owner 
 of the legal title, nor his agent, to pre- 
 vent forfeiture of mining claim. 9 
 L.R.A. (N.S.) 1136. 
 
 III. On private land, 
 a. In general. 
 
 27. Generally. 
 
 When the statute of limitations begins to 
 run against action based upon removal 
 of minerals from real estate. L.R.A. 
 1917C, 116. 
 
 Effect, upon remote grantee, of reservation 
 or exception of mineral rights. 4 
 L.R.A. (N.S.) 477. 
 
 Effect of mining rights on marketability 
 of title.' 38 L.R.A. (N.S.) 32. 
 
 Right of dower in. 16 L.R.A. 247. 
 
 Mineral rights of tenant for life. 36 L.R.A. 
 (N.S.) 1099. 
 
 Possession of surface as possession of min- 
 erals within rule against conveyance of 
 land held adversely. 35 L.R.A.(N.S.) 
 745. 
 
 Fraudulent concealment or misrepresenta- 
 tion as to, by purchaser. 30 L.R.A. 
 (N.S.) 751. 
 
 Jurisdiction of action for conversion of min- 
 erals from land in another state or 
 country. 26 L.R.A. (N.S.) 940: '34 
 L.R.A.*(N.S.) 994. 
 
 Interest of one other than owner of soil, in 
 mineral, in situ as independent subject 
 of taxation. 17 L.R.A. (N.S.) 688; 
 L.R.A.1916D, 307. 
 
 Interference by owner of soil with removal 
 of minerals or timber during term fixed 
 by lease or sale as extending time for 
 removal. 34 L.R.A. (N.S.) 120. 
 
 Ejectment to recover mining rights. 18 
 L.R.A. 787. 
 
 Pollution of stream by mining operations. 
 24 L.R.A. 64; 22 L.R.A. (N.S.) 276; 
 38 L.R.A.(N.S.) 272. 
 
 28. Right to minerals under high- 
 way. 
 
 See HIGHWAYS, 44. 
 
 29. Surface support. 
 
 As to lateral support of land and buildings, 
 generally, see LATERAL SUPPORT. 
 
 Liability for removal of subjacent support 
 by "mining. 68 L.R.A. 675; 2 L.R.A. 
 (N.S.) 1115; 41 L.R.A.(N.S.) 236. 
 
 Liability of lessor of mining right for inju- 
 ry to surface. 10 L.R.A. (N.S.) 822. 
 
 Injunction against removal of subjacent 
 support by mining. 16 L.R.A. (N.S.) 
 851. 
 
 When does statute of limitations commence 
 to run against action for injury to sur- 
 face by mining operations or other ex- 
 cavations. 23 L.R.A. (N.S.) 805. 
 
 30. Leases. 
 
 Of coal mine, see infra, 32. 
 
 Oil and gas leases, see infra, 35-38.
 
 926 
 
 INDEX TO L.R.A. NOTES. 
 
 MINES, III. a ont'd 
 
 When instrument creating right in minerals 
 in land is to be regarded as a lease, as 
 distinguished from a license. 18 
 L.R.A. 492; 26 L.R.A. (X.S.) -614. 
 
 Injunction against mining operations by 
 lessee pending dispute as to forfeiture 
 of lease. 1 L.RA.(X.S.) 333. 
 
 Effect of lease on marketability of title. 
 38 L.R.A.(N.S.) 32. 
 
 b. Coal. 
 
 31. Generally. 
 
 Surface support, see supra, 29. 
 
 Right of dower in mine. 16 L.R.A. 247. 
 
 Right to drill through coal of another own- 
 er. 25 L.R.A. 225. 
 
 Coal as real estate for purposes of taxation. 
 15 L.R.A. 207. 
 
 Classification of coal for purpose of taxa- 
 tion. L.R.A.1916F, 164. 
 
 Discrimination bv carrier in furnishing 
 coal cars. 44* L.R.A. (X.S.) 651;L.R.A. 
 1918D, 274. 
 
 Rescission or abatement from price, because 
 of deficiency in quantity under grant 
 of coal in place. 51 L.R.A. (X.S.) 792. 
 
 Right of grantee of coal in place to trans- 
 port coal from adjoining tract. 40 
 L.R.A.(X.S.) 826. 
 
 Right to locate coal lands. 7 L.R.A. (X.S.) 
 810. 
 
 32. Lease. 
 
 Distinction between lease and license as to 
 minerals. 18 L.R.A. 492. 
 
 When agreement or instrument conferring 
 right to mine and remove coal to be re- 
 garded as an absolute sale or convey- 
 ance of coal in place, as distinguished 
 from a lease or a conditional sale. 4 
 L.R.A.(X.S.) 207. 
 
 Rescission or abatement from price because 
 of deficiency in quantity under lease of 
 coal in place. 51 L.R.A. (N.S.) 794. 
 
 Implied duty to develop premises under 
 mining lease reserving royalty on prod- 
 uct where lease contains no provision 
 for payment of minimum royalties or 
 forfeiture for delay. L.R.A.1915B, 561. 
 
 c. Oil and gas. 
 1. In general. 
 
 33. Generally. 
 
 Rights of life tenant as to, see LIFE TEN- 
 ANTS, 4. 
 
 Oil or gas as a mineral within a grant or 
 reservation of mineral or mineral 
 rights. L.R.A.1918A, 491. 
 
 Interest of other than the owner of the 
 soil in oil and gas in situ as independ- 
 ent subject of taxation. 17 
 (N.S.) 688; L.R.A.1916D, 310. 
 
 Right to locate oil lands. 7 L.R.A. (N.S.) 
 810. 
 
 Discovery in placer mining for petroleum 
 or mineral oil. 7 L.R.A. (X.S.) 832. 
 
 MIXES, III. c, 1 cont'd 
 
 Business of supplying natural gas. 16 
 L.R.A. 443. 
 
 Right to forbid exportation of natural gas. 
 35 L.R.A. (X.S.) 1193. 
 
 Location of mining claim on oil lands. 7 
 L.R.A.(X.S.) 810. 
 
 Right to partition oil or gas lands. L.R.A. 
 1916D, 1154. 
 
 Injury to gas or oil well from acts done on 
 neighboring premises. 48 L.lv.A. 
 (X.S.) 167. 
 
 Right of one who pumps oil, gas, or water 
 on his premises to enjoin similar acts 
 by his neighbor. 30 L.R.A. ( X.S. i 
 1057. 
 
 Right to pump up water where the result 
 is to carry away oil or gas in solution. 
 5 B. R. C. 254. 
 
 Constitutionality of statute to prevent 
 waste of. 23 L.R.A. (X.S.) 436: L.R.A. 
 1918B, 134. 
 
 Pollution of stream by oil well refuse. 22 
 L.R.A.(X.S.) 280. 
 
 Right of munteipality, in absence of con- 
 tract, to restrain natural gas company 
 from discontinuing the business of sup- 
 plying gas. 26 L.R.A.(X.S.) 92. 
 
 34. Nature of property in mineral 
 oil or gas. 
 
 Xatural gas. 25 L.R.A. 222. 
 
 Petroleum. 25 L.RJL. 223. 
 
 Right to drill through coal of another own- 
 er. 25 L.R.A. 225. 
 
 Xature.of interest in leases. 25 L.R.A. 226. 
 As real estate or personalty. 42 L.R.A. 
 . (X.S.) 472. 
 
 Gas in ground as real property. 25 L.R.A. 
 222. 
 
 Oil as part of realty. 25 L.R.A. 223. 
 
 Pipe line as real estate for purposes of tax- 
 ation. 15 L.R.A. 299. 
 
 2. Leases. 
 
 35. Generally. 
 
 Covenants in, as to payment of taxes and 
 assessments. L.R.A.1915A, 360. 
 
 Estoppel to deny lessor's 'title as alTecled 
 by the fact that lessee did not reeojjnix.e 
 lessor's title to the particular property. 
 52 L.R.A. (X.S.) 765. 
 
 When instrument creating right in min- 
 erals in land is to be regarded as a 
 lease, as distinguished from a license. 
 18 L.R.A. 492; 26 L.R.A. (N.S.) 614. 
 
 Xature of interest in lease. 25 L.R.A. 226. 
 As real estate or personalty. 42 L.R.A. 
 (N.S.) 472. 
 
 Surrender clause in oil or gas lease as ren- 
 dering it unilateral. L.R.A. 1917B, 
 1206. 
 
 Construction of oil or gas lease covering 
 tracts of land owned by different per- 
 sons in severalty. L.R.A.1917D, 1124. 
 L.R.A. Construction and effect of provisicn in min- 
 ing lease excusing payment of mini- 
 mum royalty. L.R.A.1917E. 1078. 
 
 Effect of partitio'i of premises leased for 
 mining purposes on right to the royal- 
 ty. L.R.A.118B, 1080. 
 
 Begin icitJi this Look on every law question.
 
 INDEX TO L.K.A. NOTES. 
 
 927 
 
 MINES, III. c, 2 cont'd 
 Effect of provision for extension of term 
 so long as oil or gas is produced. 
 43 L.R.A. (N.S.) 848. 
 What constitutes a gas well within an oil 
 
 and gas lease. L.R.A.1915U, 1186. 
 Place of use of gas contemplated by cove- 
 nant or reservation in an oil and gas 
 lease. L.R.A. 191 5E, 570. 
 Rights and duties of lessee of .oil and gas 
 privileges us to the locations of wells. 
 41 L.R.A.(N.S.) 110S. 
 
 Liability of lessee for damages to lessor for 
 failure to protect leased premises from 
 wells on adjoining land. L.R.A.1917E, 
 981. 
 
 Implied duty to develop premises under 
 mining lease reserving a royalty 
 on product, where lease contains 
 no provision for payment of mini- 
 mum royalties or forfeiture for 
 delay. L.R.A.1915B, 501. 
 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 delay rental. L.R.A. 
 1917A, 178. 
 
 Right of lessee in oil or gas lease to de- 
 termine the extent of development 
 thereunder. L.R.A.1915E, 1057. 
 Effect of lease on marketability of title. 
 38 L.R.A. (N.S.) 320. 
 
 36. Liability for rent on oil uml gas 
 lease. 
 
 li: general. 33 L.R.A. 847. 
 
 Production in paying quantities. 33 L.R.A. 
 849. 
 
 Liability under provision for rent in event 
 of failure or delay in developing prem- 
 ises. 44 L.R.A. (N.S.) 50. 
 
 Termination of liability. 33 L.R.A. 850. 
 
 Effect of alternative provision for rent in 
 oil and gas lease. 31 L.R.A. 674. 
 
 7. Effect of assignment of oil and 
 gas lease. 
 
 Liability of assignor. 34 L.R.A. 62. 
 Liability of assignee. 34 L.ii.A. 63. 
 
 38. Forfeiture of oil and gas lease. 
 
 Generally. 31 L.R.A. 673. 
 
 Manner of enforcing forfeiture clause. 31 
 L.R.A. 673. 
 
 Effect of provision for minimum royalties 
 . or an annual rental upon right to for- 
 feit mining lease for failure to prose- 
 cute work. 11 L.R.A. (N.S.) 417; 30 
 L.R.A. (N.S.) 176. 
 
 For failure to develop mining premises un- 
 der lease reserving a royalty on prod- 
 uct, but containing no provision for 
 payment of minimum royalties or for- 
 feiture for delay. L.R.A'.1915B, 561. 
 
 Waiver. 31 L.R.A. 673. 
 
 Estoppel. 31 L.R.A. 673. 
 
 How forfeiture clause regarded. 31 L.R.A. 
 674. 
 
 Absence of obligation clause. 31 L.R.A. 
 674. 
 
 Effect of alternative provision for rent. 31 
 . L.R.A. 674. 
 
 Consult ai.so L.R.A. Digests of Cases. 
 
 MINES, III. c, 2 cont'd 
 
 \Ylio may set up forfeiture. 31 L.R.A. 674. 
 
 Effect of forfeiture provision on liability 
 of lessee under provision for rent in 
 event of failure or delay in developing 
 premises. 44 L.R.A. (N.S.) 54. 
 
 Rights of parties to oil or gas lease for- 
 feited for default in payment to- 
 be made in lieu of development. 43 
 L.R.A. (N.S.) 487. 
 
 Equitable relief against forfeiture of min- 
 ing lease. 69 L.R.A. 858. 
 
 Right to declare forfeiture of oil arid gaa 
 lease for failure of the lessee to mar- 
 ket product after completing well. 28 
 L.R.A. (N.S.) 959; 38 L.R.A. (N.S.) 
 134. 
 
 Equity jurisdiction to cancel oil or gas 
 lease for failure to develop premises. 
 34 L.R.A. (N.S.) 34. 
 
 Is lessor entitled to declare forfeiture of 
 oil and gas lease for failure of the- 
 lessee to market produce after com- 
 pleting well. 28 L.R.A. (N.S.) 959. 
 
 IV. Employees anfl independent con- 
 tractors in. 
 
 39. Generally. 
 
 Relation of master and servant generally, 
 see MASTER AND SERVANT. 
 
 Character of occupancy of employees in, 
 4 L.R.A. (N.S.) 716. 
 
 Statute requiring mine owner or operator 
 to furnish wash rooms or similar con- 
 veniences for employees. L.R.A. 1915B, 
 420. 
 
 40. Liability for injury to. 
 
 Liability of master for injury to servant 
 generally, see MASTER AND SERVANT. 
 
 Statutory provisions for protection of work- 
 men in. 25 L.R.A. 848. 
 
 Employee's right of action for employer's 
 violation of mining acts. 9 L.R.A. 
 (N.S.) 382; L.R.A.1915E, 557. 
 
 Duty of owner of mine to servants of per- 
 son engaged in mining. 46 L.R.A. 72. 
 
 Servant's assumption of risk from changing 
 condition of excavations in, during 
 progress of work. 19 L.R.A. (N.S.) 352. 
 
 Contributory negligence of servant in con- 
 tinuing work in mine notwithstanding 
 master's promise to repair where dan- 
 ger is great and imminent. 29 L.R.A. 
 (N.S.) 601. 
 
 Liability of mine owner for negligent in- 
 jury to employee of independent con- 
 tractor working the mine. 45 L.R.A. 
 (N.S.) 930. 
 
 Evidence as to condition prior' and subse- 
 quent to accident. 32 L.R.A. (N.S.) 
 1095, 1108. 
 
 41. through negligence of fellow 
 servants. 
 
 Servants in, as fellow servants. 50 L.R.A. 
 437, 461. 
 
 Supervising employees in. as vice princi- 
 pals. 51 L.R.A. 534, 554, 582.
 
 928 
 
 INDEX TO L.R.A. NOTES. 
 
 MINES, IV. cont'd 
 
 Foremen in, as vice principals. 51 L.R.A. 
 555. 
 
 Operator of elevator or other hoisting ap- 
 paratus as fellow servant of other em- 
 ployees in mine. 41 L.R.A. (N.S.) 158. 
 
 Nondelegability of duty to protect servants 
 working in. 54 L.R.A. 77. 
 
 Imputing to master coservant's negligence 
 in respect to dangers in. 54 L.R.A. 
 138. 
 
 Liability of master for negligence of super- 
 vising employee in mine for acts done 
 outside the scope of his statutory duty. 
 48 L.R.A. (N.S.) 938. 
 
 42. Independent contractors in. 
 
 Persons operating, as independent contrac- 
 tors. 65 L.R.A. 467, 488. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in work in. 65 
 L.R.A. 654. 
 
 Liability of mine owner for negligent in- 
 jury to employee of independent con- 
 tractor working the mine. 45 L.R.A. 
 (N.S.) 930. 
 
 MINIMIZING DAMAGES. 
 
 See DAMAGES, 3-11. 
 
 MINIMUM RATES. 
 
 Right of light or water company whose 
 rates are fixed bv public authorities 
 to establish. 26 L.R.A. (N.S.) 1109. 
 
 MINIMUM WAGE. 
 
 Validity of statute, ordinance, or contract 
 fixing minimum wage for person em- 
 ployed on public work. 51 L.R.A. 
 (N.S.) 686. 
 
 Constitutionality of Minimum Wage Law 
 relating to private employment. L.R.A. 
 1918F, 547. 
 
 MINING CORPORATION. 
 
 Right of foreign company to engage in min- 
 ing. 24 L.R.A. 327. 
 
 Right of corporation to locate mining 
 claim. 7 L.R.A. (N.S.) 816. 
 
 MINING PARTNERSHIP. 
 
 Right of partners to locate mining claim. 
 7 L.R.A.(N.S.) 817. 
 
 Liability of retiring member of mining 
 partnership for debts subsequently in- 
 curred. 22 L.R.A. (N.S.) 851. 
 
 MINING RAILROAD. 
 
 As a common carrier. L.R.A.1918B, 685. 
 
 MINISTER. 
 
 In general, see RELIGIOUS SOCIETIES, 6. 
 
 Allowance for mental anguish caused by 
 absence from sick bed because of neg- 
 ligence in transmission of telegram. 
 49 L.R.A. (N.S.) 235, 335. 
 
 MINISTERIAL DUTIES. 
 
 Mandamus to enforce, see MANDAMUS. 
 
 Power of courts to enforce ministerial du- 
 ties of heads of departments, see 
 COURTS, 17. 
 
 MINORITY. 
 
 Ignorance of minority of person to whom 
 liquor is sold, see INTOXICATING LIQ- 
 UORS. 29. 
 
 When minority terminates, see INFANTS, 
 
 I- 
 
 1. Of stockholders in corporation. 
 
 Condemnation of shares of, see CORPORA- 
 TIONS, 73. 
 Rights of, see CORPORATIONS, 97. 
 
 2. Of church members. 
 
 Rights of, on withdrawal of local church 
 society from general bodv. 32 L.R.A. 
 92; 24 L.R.A. (N.S.) 692.' 
 
 Right of minority in case of schism or di- 
 vision in independent society. 24 L.R.A. 
 (N.S.) 695. 
 
 Injunctive relief to minoritv of church 
 members. 3 L.R.A. (N.S.) 872. 
 
 MINORS. 
 
 See INFANTS. 
 
 MINUTES. 
 
 Of official stenographer, see STENOGRAPHER. 
 3. 
 
 Use before grand jury of minutes taken by 
 
 magistrate. 28 L.R.A. 320. 
 Right of indicted person to inspect minutes 
 
 of grand jury. 27 L.R.A. (N.S.) 558. 
 
 MISADVENTURE. 
 
 Begin irith this boolc on every law question. 
 
 Homicide by, see HOMICIDE, 14.
 
 INDEX TO L.R.A. NOTES. 
 
 929 
 
 MISAPPROPRIATION. 
 
 Of special deposit by bank or officer. 32 
 L.R.A. 775. 
 
 MISBEHAVIOR. 
 
 Effect of passenger's misbehavior on car- 
 rier's liability for assault by employee. 
 14 L.R.A. 738. 
 
 MISBRANDING. 
 
 Of food, see FOOD, 4. 
 
 MISCALCULATION. 
 
 As excuse for contributory negligence of 
 person injured by defect in street. 21 
 L.R.A.(X.S.) 653. 
 
 MISCARRIAGE. 
 
 Measure of damages for, see DAMAGES, 60. 
 
 MISCEGENATION. 
 
 Conflict of laws as to. 57 L.R.A. 167; 43 
 
 L.R.A.(N.S.) 358. 
 Legislative power to foi'bid. 2 L.R.A. 
 
 (N.S.) 532; 52 L.R.A. (N.S.) 778. 
 Statute prohibiting intermarriage of white 
 
 and colored persons, as a denial of 
 
 equal privileges and immunities. 14 
 
 L.R.A. 580. 
 Who is negro, mulatto, or person of color 
 
 within statute not specifically defining 
 
 the same. 31 L.R.A.(N.S.) 180; L.R.A. 
 
 1915A, 828. 
 Effect of repeal of statute prohibiting after 
 
 commencement of cohabitation between 
 
 white person and negro. 3 L.R.A. 
 
 (N.S.) 247. 
 
 MISCONDUCT. 
 
 1. Generally. 
 
 Of officer, effect on eligibility, see OFFICERS, 
 
 9. 
 Expulsion of pupil for, see SCHOOLS, 11. 
 
 Liability of corporate directors for mis- 
 conduct of executive officers and em- 
 ployees. 55 L.R.A. 756. 
 
 Receiver's right to be indemnified for costs 
 of defending action charging him with. 
 2 B. R. C. 423. 
 
 Right of court to set aside award in emi- 
 nent domain for misconduct of commis- 
 sioners or jurors. 27 L.R.A. (N.S.) 
 567. 
 
 MISCONDUCT cont'd 
 
 Effect of misconduct of spectator during 
 
 criminal trial. 12 L.R.A. (N.S.) 98; 
 
 L.R.A.1918E, 959. 
 Causing trespasser to jump from moving 
 
 wagon as actionable misconduct. 31 
 
 L.R.A.(N.S.) 1064. 
 
 Attorney's right to withdraw from suit be- 
 cause of client's misconduct. 35 L.R.A. 
 
 (N.S.) 960. 
 As ground for disbarment of attorney. 19 
 
 L.R.A.(N.S.) 892. 
 Right to reject passenger because of. 43 
 
 L.R.A. (N.S.) 820. 
 Constructive eviction by misconduct of 
 
 other tenants. L.R.A.1918D, 96. 
 
 2. Of partner. 
 
 Right to compensation because of copart- 
 ner's misconduct. 17 L.R.A. (N.S.) 
 395; L.R.A.1917F, 576. 
 
 Forfeiture of compensation by partner bv. 
 17 L.R.A.(N.S.) 415. 
 
 3. Of husband or wife. 
 
 Effect of,, on right to dower, see DOWER, 
 
 10. 
 Competency of one spouse as witness tc 
 
 misconduct of other, see WITNESSES, 
 
 19. 
 
 Marital misconduct of one spouse as avoid- 
 ing gift to other spouse. 35 L.R.A. 
 (N.S.) 124. 
 
 Effect of, on question of desertion by spouse 
 leaving because of other spouse's mis- 
 conduct. 39 L.R.A. (N.S.) 1123, 1126. 
 
 MISDELIVERY. 
 
 Of goods by carrier, see CARRIERS, 119. 
 
 MISDEMEANOR. 
 
 Arrest for, generally, see ARREST. 
 Presence of accused on trial for, see CRIMI- 
 NAL LAW, 46. 
 
 Homicide in commission of. 63 L.R.A. 379. 
 Homicide in attempting to prevent. 67 
 L.R.A. 536. 
 
 MISDESCRIPTION. 
 
 See DESCRIPTION. 
 
 Consult also L.R.A. Diaests of Cases. 59 
 
 MISDIRECTION. 
 
 Carrier's liability for misdirection of pas- 
 senger by employee. 2 L.R.A. (N.S.) 
 110; 24 L.R.A.(N.S.) 1178.
 
 930 
 
 INDEX TO L.R.A. NOTES. 
 
 MISFEASANCE. 
 
 Negligence or unskilfulness as. 12 L.K.A. 
 (N.S.) 924. 
 
 Liability of corporate directors for. 55 
 L.R.A. 757. 
 
 Criminal responsibility of corporations for. 
 2 B. R. C. 233. 
 
 Liability of agent or servant to third per- 
 sons for. 25 L.R.A. (N.S.) 346; L.R.A. 
 1916F, 570. 
 
 Effect of verdict for servant in action 
 against master and servant for latter's 
 misfeasance. 9 L.R.A.(N.S.) 880; 30 
 L.R.A.(N.S.) 404; L.R.A.1917E, 1029. 
 
 MISJOINDER. 
 
 In pleading, see PLEADING, 15. 
 
 MISNOMER. 
 
 See NAME, I. b. 
 
 MISQUOTATION. 
 
 Right of shipper where carrier negligently 
 misquotes rate which has been filed or 
 published as required by statute. 33 
 L.R.A.(N.S.) 391. 
 
 MISREPRESENTATIONS. 
 
 See FBAUD AND DECEIT. 
 
 MISROUTING. 
 
 Loss or damage from, due to initial carrier's 
 own negligence or breach of contract. 
 31 L.R.A.(N.S.) 85. 
 
 MISSILE. 
 
 Liability of carrier for injury to passenger 
 by article thrown from window by fel- 
 low passenger and rebounding. 49 
 L.R.A.(N.S.) 812. 
 
 Liability of railroad company for personal 
 injuries by objects thrown from mov- 
 ing train. L.R.A.1917B, 916. 
 
 Contributory negligence of child injured by 
 object thrown from train. L.R.A. 
 1917F, 150. 
 
 MISSING AVILLS. 
 
 MISSIONS. 
 
 Validity of bequest for. 37 L.R.A. (N.S.) 
 
 1005. 
 
 MISSPELLING. 
 
 Effect of misspelling name of person whose 
 signature is charged to have been 
 forged. 27 L.R.A. (N.S.) 1003. 
 
 311 S STATEMENT. 
 
 See FRAUD AND DECEIT. 
 *--- 
 
 Evidence to establish. 38 L.R.A. 433. 
 
 Begin with this boolc on every law question. 
 
 MISTAKE. 
 
 1. Generally. 
 
 Recovery back of money paid under mistake, 
 see^AssuMpsiT, 3. 
 
 Effect of, on criminal responsibility, see 
 CRIMINAL LAW, 13, 14; INTOXICAT- 
 ING LIQUORS, 29, 31, 33. 
 
 Effect of mistake in election of remedy, see 
 ELECTION OF REMEDIES, 13-15. * 
 
 As ground of equitable relief, generally, see 
 EQUITY, 6. 
 
 Parol evidence of, see EVIDENCE, 177, 
 178. 
 
 As to identity, see IDENTITY AND IDENTIFI- 
 CATION, 3. 
 
 With respect to liquor, see INTOXICATING 
 LIQUOR, 29, 31, 33. 
 
 As affecting statute of limitations, see LIMI- 
 TATION OF ACTIONS, 38. 
 
 In name, see NAME, 14. 
 
 As to law of another state or country as. 
 
 one of law or of fact. 46 L.R.A.fX.S.) 
 
 174. 
 In marking of ballot by official. 47 L.R.A.. 
 
 810. 
 
 Killing of dog by. 15 L.R.A. 252. 
 As affecting liability of directors for acts in 
 
 excess of their power. 55 L.R.A. 758. 
 Validity of tax sale when nonpayment is 
 
 due to mistake or negligence of tax 
 
 officers. 20 L.R.A. 487; L.R.A.1915C, 
 
 158. 
 Liability of attorney to client for. 52 
 
 L.R.A. 883. 
 Liability of surveyor for. 38 L.R.A. (N.S.) 
 
 1043. 
 Right of creditor to attack a judgment 
 
 against debtor in favor of another 
 
 creditor on ground of. 29 L.R.A. (N.S.) 
 
 1190. 
 Liability of registrar of deed for mistake 
 
 in registering or indexing instrument 
 
 affecting title to real property. 2:> 
 
 L.R.A.(N.S.) 127. 
 In amount of mechanics' lien. 29 L.R.A. 
 
 (N.S.) 306. 
 Effect of mistakes in courses and distances 
 
 in description of mining claims. 7 
 
 L.R.A. (N.S.) 838.
 
 INDEX TO L.R.A. NOTES. 
 
 931 
 
 MISTAKE confd 
 
 Mistaken identity as justification for as- 
 sault. 67 L.R.A. 565. 
 
 Equitable relief against forfeiture of estate 
 due to mistake. 69 L.R.A. 849. 
 
 Validity of promise to remedy. 53 L.R.A. 
 358. 
 
 Effect of misspelling name of person whose 
 signature is charged to have been 
 forged. 27 L.R.A. (N.S.) 1003. 
 
 Unfair competition by retailer or jobber as 
 against manufacturer by substitution 
 of goods through mistake. 52 L.R.A. 
 (N.S.) 899. 
 
 Effect of mistake on damages for cutting 
 of timber, in action in nature of 
 trover. 52 L.R.A.(N.S.) 93. 
 
 Effect of mistake as to age on liability for 
 improperly issuing marriage license or 
 performing marriage ceremony. L.R.A. 
 1917E, 869, 874. 
 
 2. Contractual matters generally. 
 
 As ground for relief from contract general- 
 ly, see CONTRACTS, 147, 148. 
 
 As ground for rescission of contract, see 
 CONTRACTS, 154. 
 
 Right to reinstatement of mortgage dis- 
 charged by mistake, see MORTGAGE, 
 60. 
 
 As ground for reformation of instrument, 
 see REFORMATION OF INSTRUMENTS. 
 
 Effect of, on right to specific performance, 
 see SPECIFIC PERFORMANCE, 24. 
 
 Mistake regarding legal effect of wife's sign- 
 ing contract with husband. L.R.A. 
 1918A, 496. 
 
 Accepting bid with knowledge of mistake 
 as to subject-matter. 43 L.R.A. (N.S.) 
 654. 
 
 Right to avoid contract because of mistake 
 as to identity of other party thereto. 
 L.R.A.1916D, 801. 
 
 3. Matters as to accounts. 
 
 Effect of, on account stated. 27 L.R.A. 818. 
 
 Conclusiveness of stated or settled account 
 containing inaccuracy or error in 
 method of mathematical calculation. 23 
 L.R.A.(N.S.) 787. 
 
 Mistake in statement of commodity fur- 
 nished as affecting the right to recover 
 for a larger amount actually furnished. 
 L.R.A.1915B, 711. 
 
 4. Matters as to commercial paper; 
 banking matters. 
 
 Effect of mistake in name of payee in nego- 
 tiable instrument. 22 L.R.A. (N.S.) 
 500. 
 
 As to identity of payee or indorser of bill 
 or note. 17 L.R.A. (N.S.) 514. 
 
 Alteration of note by. 35 L.R.A. 467. 
 
 Alteration of instrument to correct mis- 
 take in designation of party. 31 L.R.A. 
 (N.S.) 127; L.R.A.1915A, 172. 
 
 Alteration of instrument to correct mistake 
 as to date. 32 L.R.A. (N.S.) 517. 
 
 Who must bear loss when check or bill is 
 issued or indorsed to impostor. 50 
 L.R.A. 75; 17 L.R.A. (N.S.) 514; 38 
 L.R.A.(N.S.) 1111. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MISTAKE cont'd 
 
 As affecting question whether commercial 
 paper operates as payment of debt. 35 
 L.R.A.(N.S.) 75. 
 
 Commercial paper given by mistake as pay- 
 ment of partnership debt. 35 L.R.A. 
 (N.S.) 54. 
 
 Right of bank to recover amount paid on 
 check or other paper drawn upon or 
 payable at it under mistaken belief that 
 there were sufficient funds to meet it. 
 23 L.R.A. (N.S.) 1092; 33 L.R.A. (N.S.) 
 1023; L.R.A.1918F, 811. 
 
 Right of bank to recover amount paid on 
 check in ignorance of insolvency of 
 drawer who was indebted to it. 33 
 L.R.A. (N.S.) 963. 
 
 5. Matters as to mortgages. 
 
 Effect of agreement to pay mortgage insert- 
 ed in deed by mistake. L.R.A. 1918A, 
 1003. 
 
 Release of mortgage by. 58 L.R.A. 788. 
 
 Right to reinstatement of mortgage released 
 or discharged bv mistake. 26 L.R.A. 
 (N.S.) 816; L.R.A.1917E, 1059. 
 
 6. As to conveyances of real prop- 
 erty. 
 
 Mistake in description of property as af- 
 fecting record of instrument relating to 
 real property. L.R.A.1916A, 530. 
 
 Parol evidence to show that instrument was 
 intended to operate as mortgage or 
 pledge where party to written instru- 
 ment importing an absolute conveyance 
 seeks relief therefrom on the ground of 
 mistake. L.R.A.1916B, 38. 
 
 As a ground for relief from a voluntary 
 trust. 19 L.R.A. 767. 
 
 Effect of mistake in conveyance on notice of 
 title from possession of land. 13 L.R.A. 
 (N.S.) 81. 
 
 Rescission because of mistake as to extent 
 of grantor's title to land. 15 L.R.A. 
 (N.S.) :039. 
 
 Specific performance as affected by vendor's 
 ignorance of race or character of pur- 
 chaser. 32 L.R.A. (N.S.) 125. 
 
 As ground for enforcement in 'equity of 
 grantee's oral promise to grantor to 
 hold in trust. 39 L.R.A. (N.S.) 928. 
 
 Right of grantee in possession to question 
 grantor's right to collect purchase 
 money in case of. 21 L.R.A. (N.S.) 395. 
 
 Effect of deed of land in adverse possession, 
 made to correct mistake in prior deed. 
 35 L.R.A. (N.S.) 743. 
 
 False statements mistakenly made as to 
 title to real property as fraud. 28 
 L.R.A. (N.S.) 204. 
 
 7. As to contracts of sale of person- 
 alty. 
 
 Effect of mistake as to price on meeting of 
 minds in contract for sale of personalty. 
 32 L.R.A. (N.S.) 433. 
 
 Seller's mistake as to identity of vendee, as 
 affecting the passing of the title to the 
 goods sold. 13 L.R.A. (N.S.) 413; 
 L.R.A.1918B, 975.
 
 932 
 
 INDEX TO L.R.A. NOTES. 
 
 MISTAKE cont'd 
 
 Effect of retaining goods after notice of 
 mistake in quoted price. 15 L.R.A. 
 (N.S.) 368. 
 
 Rights and liabilities under contract for 
 sale of personalty as affected by a vend- 
 or's mistake in fixing price. 23 L.R.A. 
 (N.S.) 1109. 
 
 Relief from purchase at auction on ground 
 of mistake. 34 L.R.A. (N.S.) 927. 
 
 8. Insurance matters; relief fund. 
 
 Of servant executing release on receiving 
 benefits of relief fund. 11 L.R.A. (N.S.) 
 198; 48 L.R.A. (N.S.) 449. 
 
 As to strength of claim for damages by one 
 electing to accept benefits out of relief 
 fund. 11 L.R.A.(N.S.) 192. 
 
 As defense against action on assessment by 
 mutual fire insurance companies. 32 
 L.R.A. 491. 
 
 Necessity for reforming insurance policy be- 
 fore recovery in case of. 2 L.R.A. 
 (N.S.) 548. 
 
 Reformation of insurance policy for mistake 
 of soliciting agent. 11 L.R.A. (N.S.) 
 357. 
 
 Parol evidence rule as affected by waiver 
 or estoppel in case of mistake of agent 
 preparing application. 16 L.R.A. 
 (N.S.) 1233. 
 
 Effect of honest mistake in answer as to 
 health of insured warranted by him to 
 be true. 15 L.R.A.(N.S.) 1277. 
 
 Retention of policy of insurance as waiver 
 of mistake as to terms of policy. 67 
 L.R.A. 705; 38 L.R.A. (N.S.) 787. 
 
 Effect of mistake in designating time in 
 notice of cancelation of fire policy. 50 
 L.R.A.(N.S.) 40. 
 
 Mistake as affecting divisibility of insur- 
 ance. 51 L.R.A. (N.S.) 1063. 
 
 Settlement under accident policy under mis- 
 take as to the extent of the injury. 
 L.R.A.1918E, 931. 
 
 9. Matters as to carriers, as to pas- 
 sengers. 
 
 Duty to passenger on wrong car or train by 
 his own mistake. 3 L.R.A. (N.S.) 588; 
 28 L.R.A. (N.S.) 611. 
 
 Liability of carrier for charging excessive 
 fare through mistake. 44 L.R.A. (N.S. ) 
 282. 
 
 Passenger's duty to pay fare where .a mis- 
 take has been made by an employee of 
 carrier in issuing the ticket. 14 L.R.A. 
 (N.S.) 464. 
 
 Effect of mistake of ticket agent on limita- 
 tion of time within which transporta- 
 tion ticket may be used. L.R.A.1918A, 
 783. 
 
 Liability of carrier for placing white per- 
 son in car for colored persons. 2 
 L.R.A. (N.S.) 1108; 41 L.R.A.(N.S.) 
 958; L.R.A.1916E, 280. 
 
 10. as to freight. 
 
 Refusal of connecting carrier to surrender 
 freight^ induced by a mistake as to the 
 rate due or as to the prepayment of 
 charters, as a conversion. 6 L.R.A. 
 
 (N.S.) 1048. 
 
 MISTAKE cont'd 
 
 Liability of connecting carriers for detain- 
 ing freight because of mistake as to 
 amount due. 6 L.R.A. (N.S.) 1054; 32 
 L.R.A. (N.S.) 189. 
 
 Effect of shipper's mistake on passing of 
 title by delivery to carrier. 22 L.R.A. 
 417. 
 
 Carrier's liability to bona fide holder on bill 
 of lading issued by mistake of agent 
 without delivery of any goods to car- 
 rier. 22 L.R.A. (N.S.) 828. 
 
 Right of shipper where carrier negligently 
 misquotes rate which has been filed or 
 published as required by statute. 33 
 L.R.A.(N.S.) 391. 
 
 11. Matters as to telegrams. 
 
 Telegraph company's duty as to discover- 
 ing sendee in case of mistake in ad- 
 dress. 22 L.R.A. (N.S.) 707. 
 
 Measure of damages where one purchases 
 goods in reliance on a misquotation of 
 price in telegram. 46 L.R.A. (N.S.) 412. 
 
 12. In wills. 
 
 Mistake in description, see WILLS, 67. 
 
 Effect of execution by mistake of will in- 
 tended for another person. 3 B. R. C. 
 341. 
 
 13. Effect of, on compromise or set- 
 tlement. 
 
 As affecting compromise. 25 L.R.A. (N.S.) 
 
 309. 
 Relief from mistake of law as to compromise 
 
 and settlement. 28 L.R.A. (N.S.) 841. 
 As to state of account or amount due as 
 
 ground for release from compromise 
 
 agreement. 46 L.R.A. (N.S.) 279. 
 
 14. Effect of, on release. 
 
 Avoidance of release of claim for personal 
 injuries for mistake. L.R.A.1916B, 
 776. 
 
 Of servant, as to extent of injuries received 
 by him for which he has given a re- 
 lease. 11 L.R.A. (N.S.) 201; 48 L.R.A. 
 (N.S.) 449. 
 
 Servant's misconception as to the legal 
 effect of a release from an injury re- 
 ceived by him, the contents of which is 
 known to him. 11 L.R.A. (N.S.) 198. 
 
 Estoppel to enforce contract of suretyship 
 or guaranty released through mistake. 
 13 L.R.A.(N.S.) 576. 
 
 15. Effect of, on award. 
 
 Effect of decision of architect, engineer, or 
 umpire in case of. 1 L.R.A. (N.S.) 
 1050. 
 
 16. Adverse possession in case of. 
 
 Adverse possession due to ignorance or mis- 
 take as to boundary. 21 L.R.A. 829; 
 33 L.R.A.(N.S.) 923. 
 
 Possession taken under mistaken belief that 
 land is part of public domain as ad- 
 verse to true owner. 31 L.R.A. (N.S.) 
 153. 
 
 Begin with this fcoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 933 
 
 MISTAKE cont'd 
 
 17. In libel cases. 
 
 As to identity of person libeled or slandered. 
 47 L.R.A.(X.S.) 240. 
 
 Liability of newspaper proprietor for mis- 
 takes resulting in libel. 26 L.R.A. 781. 
 
 Libel by publication of photograph as that 
 of another person. 6 L.R.A. (N.S.) 919. 
 
 Effect of mistakes of fact on liability for 
 words or publication relating to public 
 officer or candidate for office. L.R.A. 
 1918E, 54. 
 
 18. In judicial proceedings. 
 
 As ground for injunction against judgment, 
 see INJUNCTION, 55. 
 
 As grund for relief from judgment by de- 
 fault, see JUDGMENT, 94. 
 
 In name or description in writ or process, 
 see WKIT AND PROCESS, 5, 6. 
 
 In name of estate in granting letters of ad- 
 ministration. 46 L.R.A. (N.S.) 274. 
 
 Mistake as to name of juror in criminal 
 case as ground for arrest of judgment, 
 new trial, or reversal. 47 L.R.A. (N.S.) 
 714. 
 
 Mistake as to identity of juror as ground 
 for new trial. 50* L.R.A. (N.S.) 972. 
 
 Right to impeach own witness in case of. 
 21 L.R.A. 424. 
 
 Effect of summons or notice to person by 
 wrong initial. 15 L.R.A. (N.S.) 129. 
 
 Perjury in statements involving matters of 
 opinion or belief under mistake of law. 
 25 L.R.A. (N.S.) 657. 
 
 Honest mistake of counsel in misstating 
 facts, or stating facts, not in evidence, 
 in argument to jury. L.R.A.1918D, 
 103. 
 
 19. Larceny of property delivered 
 by. 
 
 Larceny of money or property delivered by 
 mistake. 52 L.R.A. 136. 
 
 Does wrongful appropriation of money re- 
 ceived through mistake constitute em- 
 bezzlement. 19 L.R.A.(N.S.) 371. 
 
 MISTRESS. 
 
 Gift to, see GIFT, 8. 
 
 Effect of meretricious relations between tes- 
 tator and beneficiary on validity of de- 
 vise or bequest. 37 L.R.A. (N.S.) 477. 
 
 Right to recover for household services ren- 
 dered while parties were living in il- 
 licit relations. 29 L.R.A. (N.S.) 787; 
 L.R.A.1917B, 683. 
 
 Slander in charging woman with being. 24 
 L.R.A. (N.S.) 611. 
 
 MISTRIAL. 
 
 Right to bail in capital case upon mistrial. 
 39 L.R.A. (N.S.) 766. 
 
 Effect on conviction of failure to give ac- 
 cused an opportunity to plead where 
 there has been a mistrial. 13 L.R.A. 
 (N.S.) 814. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MISTRIAL cont'd 
 
 How long jury will be permitted to de- 
 liberate before a mistrial may be or- 
 dered in a criminal case. 11 L.R.A. 
 
 (N.S.) 178. 
 
 MISUNDERSTANDING. 
 
 Effect of misunderstanding as to price in 
 contract for sale of personalty. 32 
 L.R.A. (N.S.) 433. 
 
 MISUSER. 
 
 Reverter of land conveyed for school pur- 
 poses because of. 44 L.R.A. (N.S.) 
 1220. 
 
 MITIGATION. 
 
 Of damages, see DAMAGES, 3-11. 
 
 MIXED DRINK. 
 
 As intoxicating liquors. 20 L.R.A. 646. 
 Judicial notice of intoxicating character of. 
 19 L.R.A. (N.S.) 848. 
 
 MOBS AND RIOTS. 
 
 1. Generally. 
 
 Liability of carrier for injury to passen- 
 ger caused by. 55 L.R.A. 713; L.R.A. 
 1915C, 681. 
 
 Liability of insurer for property destroyed 
 by mob or during riot. 20 L.R.A. 
 (N.S.) 277. . 
 
 Allowance of interest on value of property 
 destroyed by. 18 L.R.A. 454. 
 
 2. Municipal liability for acts of. 
 
 Municipal liability for property destroyed 
 by, see MUNICIPAL CORPORATIONS, 75. 
 
 What is mob or riot for the act of which 
 a municipality is responsible. L.R.A. 
 1918C, 239. 
 
 3. Liability of members of. 
 
 Civil liability of member of a mob which 
 makes hostile demonstrations against a 
 person. 38 L.R.A. (N.S.) 404. 
 
 Criminal responsibility for homicide in 
 carrying out unlawful conspiracy for 
 riot. 68 L.R.A. 196. 
 
 Liability of infant for riot. 36 L.R.A. 208. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 577. 
 
 Acting with mob as ground of disbarment, 
 suspension or other discipline of attor- 
 ney. L.R.A.1915C, 259.
 
 934 
 
 INDEX TO L.R.A. NOTES. 
 
 MODELS. 
 
 Exhibition of models derogatory to parties 
 to litigation as contempt of court. 2 
 B. R. C. 501. 
 
 MODIFICATION. 
 
 Of contract,' see CONTRACTS, 30, 144. 
 Of decree for alimony, see DIVORCE AND 
 
 SEPARATION, 45a, 46. 
 Of will, see WILLS, 33. 
 
 Of provision in divorce decree as to custody 
 of children in case of refusal to permit 
 access to or visitation of children as 
 provided by decree. L.R.A.1917B, 290. 
 
 MOLASSES. 
 
 Sufficiency of delivery of molasses sold out 
 of larger lot. 26 L.R.A.(N.S-) 35. 
 
 MONDAY. 
 
 Transfer of holiday from Sunday to Mon- 
 day. 19 L.R.A. 320. 
 
 MONEY. 
 
 Recovery back of money paid, see ASSTJMP- 
 
 SIT, 2-10. 
 Condition of money tendered as fare, see 
 
 CARRIERS, 19. 
 Confederate money, see CONFEDERATE 
 
 MONEY. 
 
 Embezzlement of, see EMBEZZLEMENT. 
 Obtaining by false pretenses, see FALSE 
 
 PRETENSES. 
 
 Interest for use of, see INTEREST, II. 
 Legal tender, see LEGAL TENDER. 
 Money in court, see MONEY IN COUBT. 
 Payment of, see PAYMENT. 
 Public money, see PUBLIC MONEY. 
 Return of, see RETURN, 2. 
 Tender of, see TENDER. 
 
 Distinction between bailment and loan of 
 money. L.R.A.1916F, 92. 
 
 Recovery for mental anguish caused by 
 failure of telegraph company to trans- 
 mit money promptly, or to deliver tele- 
 gram asking for money. 49 L.R.A. 
 (N.S.) 238. 
 
 Note payable in foreign money. 20 L.R.A. 
 481. 
 
 Garnishment of money due from receiver. 
 26 L.R.A. 218. 
 
 Larceny of money delivered by mistake. 
 52 L.R.A. 136. 
 
 Tender of old, worn, or mutilated coin. 33 
 L.R.A. 824. 
 
 Title to money deposited in mail or with 
 carrier. L.R.A.1918A, 534. 
 
 Begin ivith this boofe on every Zatt? question. 
 
 MONEY cont'd 
 
 Title of one who takes money from thief or 
 embezzler. 25 L.R.A. (N.S.) 631; L.R.A. 
 1917A, 707. 
 
 Omission of dollar sign or word ''dollars" 
 from verdict or judgment. 35 L.R.A. 
 (N.S.) 653. 
 
 Creation of partnership by provision for 
 taking profits from use of, as compensa- 
 tion. 18 L.R.A. (N.S.) 1047. 
 
 Right of attorney under local statute to lien 
 on money in hands of adverse party to 
 suit or proceeding in another state/ 31 
 L.R.A. (N.S.) 1215. 
 
 Payment by commercial paper as affected by 
 statutes requiring payment in money. 
 35 L.R.A.(N.S.) 82. ' 
 
 Validity of contract for payment in coin. 
 
 29 'L.R.A. 512. 
 
 Form of judgment on obligation to pav in 
 
 coin. 29 L.R.A. 593. 
 Sufficiency of description of, in indictment 
 
 for larceny. 36 L.R.A. (N.S.) 933. 
 
 MONEY IN COURT. 
 
 1. Generally. 
 
 Equitable remedy to subject to judgment 
 
 after return of no property found. 63 
 
 L.R.A. 704. 
 Withdrawing funds in court as affecting 
 
 right to appeal. 29 L.R.A. (N.S.) 18. 
 Right to withdraw money paid into court, 
 
 after tender. 5 L.R.A. (N.S.) 561. 
 
 2. Garnishment or attachment of. 
 
 Right to attach or garnish funds in the 
 hands of officer of court after he has 
 teen ordered to pay the same to the 
 party. 13 L.R.A. (N.S.) 757; 30 L.R.A. 
 (X.S.) 720. 
 
 MONEY IN HAND. 
 
 Debt as, on appointment of debtor as exec- 
 utor or administrator. 26 L.R.A. 
 (N.S.) 414. 
 
 MONEY LENDERS. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 121. 
 
 License of, see LICENSE, 32. 
 
 Municipal control over, see MUNICIPAL COR- 
 PORATIONS, 45. 
 
 MONEY ORDER. 
 
 See POSTOFF^CE, 7.
 
 INDEX TO L.R.A. NOTES. 
 
 935 
 
 MONEY PAID. 
 
 Recovery back of, see ASSUMPSIT, 2-10. 
 
 MONKEY. 
 
 Liability for injury by. 52 L.R.A. (N.S.) 
 378. 
 
 MONOPOLY AND COMBINATIONS. 
 
 /. In general, 1, 2. 
 II. Combinations in restraint of trade, 
 commerce, or competition, 
 3-15. 
 
 a. In general, 312. 
 1). Remecli/ against, 13, 14. 
 c. Who may object to constitu- 
 tionality of anti-trust laiv, 
 15. 
 
 I. In general. 
 
 1. Generally. 
 
 As to conspiracies generally, see CON- 
 SPIRACY. 
 
 Effect of monopoly on treatment of good 
 will in public service propertv valua- 
 tions. 48 L.R.A. (N.S.) 1147/ 
 
 Validity of contract for material patented 
 or held in monopoly where a letting to 
 the lowest bidder is required. 46 L.R.A. 
 (X.S.) 990. 
 
 Validity of monopoly or special privilege 
 granted to third persons of providing 
 facilities to shippers at place of ship- 
 ment or destination. L.R.A.1915C, 250. 
 
 Constitutionality of grant of. 53 L.R.A. 
 763. 
 
 Distinction between franchise and mere mo- 
 nopoly. 4 L.R.A. 616. 
 
 Right of 'appropriator of water for distri- 
 bution to public to grant exclusive or 
 preferential rights to individuals. 29 
 L.R.A. (N.S.) 213. 
 
 Federal courts following state decisions as 
 to construction and effect of statutes re- 
 specting. 40 L.R.A. (N.S.) 444. 
 
 2. Creation of monopoly by munici- 
 pality. 
 
 See MUNICIPAL CORPORATIONS, 17, 54. 
 
 //. Combinations in restraint of trade, 
 commerce, or competition. 
 
 a. In general. 
 
 3. Generally. 
 
 As to boycotts, see CONSPIRACY, 3, 4. 
 
 Combinations of laborers, see CONSPIRACY, 
 4-7. 
 
 As to contracts in restraint of trade, gener- 
 ally, see CONTRACTS, 107-109, 117, 
 118. 
 
 Validity of automobile distribution contract. 
 
 L.R.A.1915B, 113. 
 Consult also L.R.A. Digests of Cases. 
 
 MONOPOLY AND COMBINATIONS, II. a 
 cont'd 
 
 Trading stamp contract as a monopoly. 
 L.R.A.1915D, 520. 
 
 Combination among farmers or stock raisers 
 as a monopoly. 44 L.R.A. (N.S.) 1104. 
 
 Corner as violation of antitrust or monop- 
 oly act. 44 L.R.A. (N.S.) 325. 
 
 Validity of contract by public service cor- 
 poration for exclusive right of way 
 across private property. 36 L.R.A. 
 (N.S.) 456. 
 
 Combination to control prices in particular 
 locality. ]6 L.R.A. (N.S.) 223. 
 
 Combination among produce buyers as mo- 
 nopoly. 32 L.R.A.(N.S.) 150. 
 
 Validity of sale to promote. 12 L.R.A. 
 (N.S.) 600. 
 
 Validity of agreement to sell entire output. 
 7 B. R. C. 551. 
 
 Validity of contract giving one an exclu- 
 sive riglit to handle goods in a given 
 locality. 9 L.R.A. (N.S.) 501. 
 
 Contract by selling shareholder not to -en- 
 gage in business in competition with 
 the corporation. 23 L.R.A. (N.S.) 506. 
 
 Validity of agreement not to compete, an- 
 cillary to sale or lease of property, as 
 affected by covenantee's purpose to pro- 
 cure a monopoly. 15 L.R.A. (N.S.) 846. 
 
 Validity of restriction in a deed as to use of 
 property reserved for purpose of secur- 
 'ing monopoly to the grantor. 14 
 L.R.A. (N.S.) 910; L.R.A.1915A, 679. 
 
 Validity of agreement at common law by 
 which employer seeks to direct the trade 
 of his employees to the other party. 
 24 L.R.A.(N.S.) 649. 
 
 Agreements collateral to contracts forming 
 illegal combinations. 11 L.R.A. (N.S.) 
 368; 30 L.R.A. (N.S.) 580; 41 L.R.A. 
 (N.S.) 1034. 
 
 Forbidding the sale of a commodity in a 
 particular locality at a lower rate than 
 elsewhere, for the purpose of stifling 
 competition. 42 L.R.A. (N.S.) 804. 
 
 Forbidding the payment of a higher price 
 for a commodity in a particular commu- 
 nity than elsewhere, for the purpose of 
 stifling competition. 42 L.R.A. (N.S.) 
 821. 
 
 Legal restrictions on department stores. 48 
 L.R.A. 261. 
 
 May offense of conspiracy be predicated of 
 an attempt to procure violations of the 
 Elkrns act. 17 L.R.A. (N.S.) 720. 
 
 Necessity or beneficent purpose as excuse 
 or justification for combination to raise 
 price of commodity. 51 L.R.A.(N.S.) 
 244. 
 
 4. Illegal trusts under modern anti- 
 trust laws. 
 
 Generally. 64 L.R.A. 689. 
 
 Constitutionality of statute. 64 L.R.A. 689. 
 
 Effect and construction of Federal anti- 
 trust law. 64 L.R.A. 698. 
 
 Effect and construction of state anti-trust 
 laws. 64 L.R.A. 719. 
 
 Contracts in partial restraint of trade as 
 affected by modern anti-trust acts. 9 
 L.R.A.(N.S.) 446; L.R.A.1917A, 379.
 
 936 
 
 INDEX TO L.E.A. NOTES. 
 
 MONOPOLY AND COMBINATIONS, II. a 
 cont'd 
 
 Is combination to control the price of labor 
 or other personal service per se a vio- 
 lation of statute against trusts and 
 monopolies. 23 L.R.A. (N.S.) 1260. 
 
 Exempting wage earners from anti-trust 
 laws. 52 L.R.A.(N.S.) 525. 
 
 Legality, under modern anti-trust acts, of 
 combinations or agreements which re- 
 strict the class of persons to whom com- 
 modities shall be sold, or from whom 
 they shall be bought. 5 L.R.A.(N.S.) 
 136. 
 
 Relation of contract or combination to in- 
 terstate commerce which will bring it 
 within Federal anti-trust act. 10 
 L.R.A.(N.S.) 268. 
 
 Combination of dealers as giving right of 
 action for damages, under Federal anti- 
 trust law, to merchants thereby re- 
 stricted in, or prevented from, obtain- 
 ing goods. 7 L.R.A. (N.S.) 984. 
 
 Cruel and unusual punishment for violation 
 of anti-trust law. L.R.A.1915C, 570. 
 
 May stockholder maintain action in the 
 right of the corporation to recover pen- 
 alty imposed by the Sherman Act. 
 L.R.A.1917E, 1006. 
 
 5. Control over resale. 
 
 Power of state to make invalid a provision 
 in a sale of goods for resale, forbidding 
 the purchaser to handle goods of other 
 dealers. 11 L.R.A.(N.S.) 968. 
 
 6. validity of contract provision 
 for control of price on resale. 
 
 Validity of contract provision seeking to 
 control price at which an article shall 
 be resold. 27 L.R.A.(N.S-) 396; 51 
 L.R.A.(N.S.) 522; L.R.A.1917A, 1285. 
 
 Rights of manufacturer, not protected by 
 patent or copyright, with respect to in- 
 terference by third parties with selling 
 system by which he seeks to control re- 
 tail price. 12 L.R.A.(N.S.) 135. 
 
 7. Of railroad companies or car- 
 riers. 
 
 Discrimination by carriers, generally, see 
 
 . CARBIEBS, V. b. 
 Discrimination by carriers as to rates, see 
 
 CARRIERS, 159. 
 Rebates by carriers, see CARRIERS, 160. 
 
 Restrictions on consolidation of parallel or 
 competing railroads. 45 L.R.A. 271. 
 
 Who are common carriers within constitu- 
 tional or statutory provision directed 
 specifically against suppression of com- 
 petition between carriers. L.R.A.1915C, 
 865. 
 
 8. Of banks. 
 
 Validity and effect of agreement among , 
 banks to prevent competition for de- 
 posits of public money. 14 L.R.A. 
 (N.S.) 1052. 
 
 MONOPOLY AND COMBINATIONS, II. a 
 
 cont'd 
 10. Of telephone companies. 
 
 Validity of contracts between telephone 
 companies for exclusive connection. 36 
 L.R.A.(N.S.) 124; 45 L.R.A. (N.S.) 
 465. 
 
 Validity of contract for exclusive right to 
 furnish telephone service. 32 L.R.A. 
 (N.S.) 494. 
 
 11. Of underwriters. 
 
 Legality of combination among insurance 
 underwriters. 24 L.R.A. (N.S.) 153; 
 38 L.R.A.(N.S.) 459. 
 
 12. As to patented articles. 
 
 Contract provision for control of price of 
 patented article on resale. 27 L.R.A. 
 (N.S.) 401; L.R.A.1917A, 1286. 
 
 Municipal contracts for work or articles 
 which embody a patented invention. 
 18 L.R.A. 45. 
 
 Measure of damages for infringement of 
 patent as affected by holding close 
 monopoly. 51 L.R.A. 809. 
 
 Effect of Federal anti-trust law in regard 
 to patents. 64 L.R.A. 713. 
 
 Validity of contract for material patented 
 or held in monopoly where a public let- 
 ting to the lowest bidder is required. 
 5 L.R.A.(N r .S.) 680; 46 L.R.A. (N.S.) 
 990; L.R.A.1917A, 442. 
 
 6. Remedy by or against. 
 
 13. Generally. 
 
 As public nuisance; remedy by injunction. 
 12 L.R.A. 753.* 
 
 14. To whom available. 
 
 May a person not a party to an agreement, 
 who is injured thereby in his busi- 
 ness, assail the validity thereof, on 
 the ground that it tends to create 
 or promote a monopoly. 26 L.R.A. 
 (N.S.) 148. 
 
 Combination of dealers as giving right of 
 action, where no statutory provision 
 therefor exists, to merchant who cannot 
 obtain goods because of such combina- 
 tion. 7 L.R.A. (N.S.) 976. 
 Enforcement by members of illegal combi- 
 nations of agreements collateral to con- 
 tracts forming such combinations. 11 
 L.R.A. (N.S.) 368; 30 L.R.A. (N.S.) 
 580; 41 L.R.A. (N.S.) 1034. 
 May stockholder maintain action in the 
 right of the corporation to recover pen- 
 alty imposed by the Sherman Act. 
 L.R.A.1917E, 1006. 
 
 c. Who may object to constitutionality 
 of anti-trust laic. 
 
 g 9. Of brokers or jobbers. 15. Generally. 
 
 Organization of brokerage concern by job- Who may raise objection that anti-trust 
 bers or dealers as an unlawful monop- [ laws involve unconstitutional discrimi- 
 oly. 35 L.R.A. (N.S.) 464. nation. 32 L.R.A. (N.S.) 958. 
 
 Begin with this booh on every la^v question.
 
 INDEX TO L.R.A. NOTES. 
 
 937 
 
 MONTH. 
 
 What constitutes, see TIME, 15. 
 
 MONUMENT. 
 
 1. Reference to, in description ol 
 mining claim. 
 
 Description of mining claim with reference 
 
 to permanent monuments. 7 L.R.A. 
 
 (N.S.) 838. 
 Reference to permanent monuments in 
 
 record of mining claim. 7 L.R.A. 
 
 (N.S.) 870. 
 
 2. Over graves. 
 
 Liability of decedent's estate for. 33 L.R.A. 
 
 666; 52 L.R.A. (N.S.) 1153. 
 Is money set aside under will for purpose 
 
 of caring for monument subject to in- 
 
 heritance tax. 23 L.R.A. (N.S.) 474; 
 
 L.R.A.1918A, 767. 
 Validity of testamentary provision- for erec- 
 
 tion of. 1 B. R. C. 931. 
 Allowance for, against deceased's estate. 28 
 
 L.R.A.(N.S.) 572. 
 
 MOOT QUESTION. 
 
 Power of court to decline jurisdiction of. 
 6 B. R. C. 340. 
 
 MOORING. 
 
 Liability for injuries caused by. 64 L.R.A. 
 981. 
 
 MORAL CHARACTER. 
 
 Evidence of specific instances to prove. 14 
 L.R.A. (N.S.) 689. 
 
 MORAL INSANITY. 
 
 As affecting testamentary capacity. 27 
 L.R.A. (N.S.) 89. 
 
 MORALITY. 
 
 See MORALS AND MORALITY. 
 
 MORAL LIFE. 
 
 Protection of personal rights relating to. 
 37 L.R.A. 784. 
 
 MORAL OBLIGATION. 
 
 As consideration for contract, see CON- 
 TRACTS, 13. 
 Consult also L.R.A. Digests of Cases. 
 
 MORAL OBLIGATION cont'd 
 
 As basis of appropriations. 14 L.R.A. 477. 
 
 Power of legislature to compel payment by 
 
 municipalities of nonlegal demands. 48 
 
 L.R.A. 473. 
 Constitutionality of retroactive statute 
 
 which attempts to base a right of^ac- 
 
 tion upon. 52 L.R.A. 934. 
 
 MORAL QUALIFICATIONS. 
 
 Of executors. 16 L.R.A. 538. 
 
 MORALS AND MORALITY. 
 
 As to immorality, see IMMORALITY. 
 
 Injunction against nuisances affecting. 41 
 
 L.R.A. 321. 
 Municipal power as to nuisances affecting. 
 
 39 L.R.A. 520. 
 Constitutionality of discrimination based on 
 
 race" or color in police regulations 
 
 affecting. 34 L.R.A. (N.S.) 604. 
 
 MORAL TURPITUDE. 
 
 Mandamus to restore to office one who has 
 been removed for. 19 L.R.A. (N.S.) 74. 
 
 MORPHINE. 
 
 In general, see DRUGS AND DRUGGISTS. 
 
 Furnishing or prescribing by physician. 
 L.R.A.1918E, 669. 
 
 MORPHINISM. 
 
 As ground for divorce, see DIVORCE AND 
 
 SEPARATION, 27. 
 Effect on responsibility and capacity, see 
 
 INCOMPETENT PERSONS, 4. 
 Of insured, see INSURANCE, 97. 
 Effect of, on competency as witness, see 
 
 WITNESSES, 15. 
 
 MORTALITY TABLES. 
 
 Admissibility in evidence, see EVIDENCE, 
 
 147. 
 Weight of, as evidence, see EVIDENCE, 307. 
 
 MORTGAGE. 
 
 I. In general, 1-4. 
 II. Nature, validity, and effect, 
 
 5-34. 
 
 a. In general, 5-12. 
 Z>. What constitutes, 13-15. 
 
 c. What property subject to or 
 
 covered by mortgage; de- 
 scription. 16-19. 
 
 d. Validity, 2O-24.
 
 938 
 
 INDEX TO L.R.A. NOTES. 
 
 MORTGAGE, II. cont'd 
 
 e. Effect of, generally, 25, 
 
 26. 
 
 f. Estates of parties in prop- 
 
 erty mortgaged, 27. 
 
 g. Rights, remedies, and lia- 
 bilitics of parties gen- 
 erally, 28-33. 
 
 1. In general, 28-31. 
 
 2. As to taxes, 32. 
 
 3. As to rents, earnings, 
 
 and profits, 33. 
 h. Bondholders, 34. 
 
 III. Priority, 35-39. 
 
 IV. Sale of mortgaged property; as- 
 
 sumption of deM, 4:0-4:6. 
 F. Assignment of mortgage, 47- 
 
 51. 
 
 FT. Payment; discharge; release; ex- 
 tinction or extension of 
 lien, 52-60. 
 
 a. In general, 52-55. 
 
 6. What operates as a discharge 
 or satisfaction, 56, 57. 
 
 c. Merger; Keeping alive; re- 
 instatement, 58-6O. 
 VII. Enforcement; powers of sale, 
 61-$4. 
 
 a. In general, 61-64. 
 
 6. On default of interest, in- 
 stalment, taxes, etc. ; accel- 
 eration, 65. 
 
 c. Who may enforce, 66-68. 
 
 d. Parties, 69-72. 
 
 e. Defenses, 73. 
 
 f. Decree, 74. 
 
 g. Power of sale; strict fore- 
 
 closure, 75-77. 
 h. Sale, 78-82. 
 
 1. In general, 78-7 9a. 
 
 2. Purchasers and their 
 
 rights, title, lia- 
 bilities, etc., 
 80-82. 
 (a) In general, SO, 
 
 81. 
 (It) Under vaid sale, 
 
 82. 
 i. Surplus; proceeds, of sale, 
 
 83. 
 
 j. Deficiency, 84. 
 VIII. Redemption, 85-91. 
 
 I. In general. 
 
 1. Generally. 
 
 Acknowledgment of, see ACKNOWLEDG- 
 MENT. 
 
 Adverse possession by mortgagor and mort- 
 gagee, see ADVEKSE POSSESSION, 7. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 6, 7a. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 122. 
 
 Effect of death of party to, see DEATH, 20. 
 
 Dower in land mortgaged by husband, see 
 DOWEB, 3, 4. 
 
 Parol evidence as to, see EVIDENCE, 182. 
 
 Disamrmance of mortgage by infant, see 
 INFANTS, 21. 
 
 Notice to mortgagee of cancelation of in- 
 
 MORTGAGE, I. cont'd 
 
 Change of title to insured property by, se& 
 INSURANCE, 72. 
 
 Effect on mortgagee of mortgagor's failure 
 to give notice of loss, see INSURANCE, 
 147. 
 
 As to recording laws, see RECOBDS AND RE- 
 COUDING LAWS, IV. 
 
 Effect of recording, see RECOSDS AND RE- 
 COBDING LAWS, 24-27. 
 
 Contract for support of mortgagee,, see 
 SUPPORT, 5. 
 
 Investments by trustee in mortgage secur- 
 ities, see TRUSTS, 26a. 
 
 To building and loan association, see BUILD- 
 ING AND LOAN ASSOCIATIONS, 5. 
 
 Chattel mortgage, see CHATTEL MORTGAGE. 
 
 On homestead on public land, see PUBLIC 
 LANDS, 17. 
 
 On railroad property, see RAILROADS, 20. 
 
 Authority of agent of mortgagor to con- 
 sent to employment by mortgagee of 
 person to care for premises. L.R.A. 
 1918F, 39. 
 
 Specific performance of contract to give.. 
 6 L.R.A. (N.S.) 585. 
 
 Alteration of, after delivery. 32 L.R.A. 
 (N.S.) 289; L.R.A.1918B, 490. 
 
 Addition of name of attesting witness to- 
 mortgage as an alteration. L.R.A. 
 1917D, 828. 
 
 Effect on mortgage, of alteration of note 
 secured thereby. 16 L.R.A. 4G8. 
 
 Creation of tenancy by mortgagor's agree- 
 ment as to payment for services. 4 
 L.R.A.(N.S.) 701. 
 
 Notice of title from possession by mort- 
 gagee. 13 L.R.A.(N.S.) 120. 
 
 Estoppel of one attesting mortgage to- 
 assert title. 3 L.R.A. (N.S.) 879. 
 
 Paying interest on forged mortgage as es- 
 toppel to question the mortgage. 41 
 L.R.A.(N.S.) 740. 
 
 Admissibility of declarations by mortgager 
 made out of court as to his purpose 
 in making a mortgage attacked as- 
 fraudulent as against creditors. 41 
 L.R.A.(N.S.) 1. 
 
 Estoppel of mortgagee to assert title or in- 
 terest in property by concealing his 
 interest or representing title to be in 
 another. 48 L.R.A. (N.S.) 753, 759,. 
 761, 764. 
 
 Marshaling assets for benefit of mortgagor^ 
 47 L.R.A. (N.S.) 302. 
 
 Adjustment of mortgage indebtedness in de- 
 termining compensation to be paid 
 public utility company upon taking its 
 plant. 47 L.R.A. (N.S.) 790. 
 
 Degree of proof requisite to establish fact 
 and contents of lost mortgage. L.R.A.. 
 1918B, 879. 
 
 2. Taxation of. 
 
 Rights of parties to mortgage, as to taxes, 
 see infra, 32. 
 
 Taxation on, as double taxation, see TAXES, 
 10. 
 
 Situs for taxation of debts evidenced by- 
 mortgage, see TAXES, 47. 
 
 surance policy, see INSURANCE, 51. Power to tax. 16 L.R.A. 59. 
 Begin, irith this I>oo7c on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 939 
 
 MORTGAGE, I. cont'd 
 
 Constitutionality of mortgage registration 
 
 tax. L.R.A.1916A, 865. 
 
 Effect of mortgage foreclosure to transfer 
 immunity from taxation. GO L.R.A. 
 
 102. 
 
 
 
 3. succession tax. 
 
 Debt due to nonresident secured by mort- 
 gage on land within the state as subject 
 of inheritance tax. 9 L.R.A. (N.S.) 
 1104; 35 L.R.A. (N.S.) 784. 
 
 Deduction of, in computing succession tax. 
 16 L.R.A. (N.S.) 329. ' 
 
 4. Reformation of. 
 
 Effect of the statute of frauds upon the 
 power of equity to reform. L.R.A. 
 1917A, 573. 
 
 Reformation of mortgage after foreclosure. 
 39 L.R.A. (N.S.) 90. 
 
 Mistake of law as ground for. 28 L.R.A. 
 (N.S.) 823. 
 
 II. Nature, validity, and effect, 
 a. In general. 
 
 5. Generally. 
 
 Position of mortgagees of partnership. 28 
 L.R.A. 170. 
 
 Right of foreign corporation to take mort- 
 gage on real property within the state. 
 24 L.R.A. 328. 
 
 .6. Nature of, generally. 
 
 Preference by mortgage as an assignment 
 for creditors. 37 L.R.A. 337. . 
 
 7. of equitable mortgage. 
 
 Equitable; nature of. 9 L.R.A. 544.* 
 
 8. Execution. 
 
 Of chattel mortgage, see CHATTEL MORT- 
 GAGE, 3. 
 
 Validity of acknowledgment of deed of 
 trust taken by trustee. 16 L.R.A. 719. 
 
 Signing by proxy. 22 L.R.A. 297. 
 
 Proof of signature by mark when attesting 
 witnesses are dead or cannot remember 
 transaction. 44 L.R.A. 146. 
 
 Implied authority to fill in name of mort- 
 gagee in blank left for that purpose at 
 time of delivery. 38 L.R.A. (N.S.) 423. 
 
 9. Power to give mortgage. 
 
 Power of trustee to mortgage trust estate 
 for purpose of making improvements so 
 as to render it productive. 7 L.R.A. 
 (N.S.) 263. 
 
 10. of corporation. 
 
 Powers of president and vice president of 
 corporation to give mortgage. 14 L.R.A. 
 359. 
 
 11. of partner. 
 
 Power of partner to give, on real estate. 
 
 28 L.R.A. 95. 
 Consult also L.R.A. Digests of Cases. 
 
 MORTGAGE, II. a cont'd 
 12. What is a purchase money mort- 
 gage. 
 
 Mortgage to secure money advanced to pur- 
 chase property as a purchase 
 money mortgage. 40 L.R.A. (N.S.) 
 272. 
 
 6. What constitutes. 
 
 13. Generally. 
 
 Effect of deed delivered in escrow as further 
 security for a mortgage debt. 2 L.R.A. 
 (N.S.) 628; L.R.A.1915B, 492. 
 
 14. Equitable mortgage. 
 
 Equitable lien, see LIENS, 5-7. 
 
 Equitable mortgage by deposit of title deeds. 
 
 19 L.R.A.(N.S.) 206. 
 Effect of borrowing money on deposit of 
 
 certificate of title registered under the 
 
 Torrens Law. L.R.A.1916D, 80. 
 Right to foreclose deed intended as security 
 
 for debt as an equitable mortgage. 22 
 
 L.R.A.(N.S.) 572. 
 Necessity and character of one's previous 
 
 interest in land essential to his claim 
 
 as an equitable mortgagor. 37 L.R.A. 
 
 (N.S.) 521. ' 
 Keeping alive after payment. 1 L.R.A. 
 
 (N.S.) 405. 
 
 15. Deed absolute on face intended 
 as mortgage. 
 
 Right to foreclose deed intended as security 
 for debt, as an equitable mortgage. 22 
 L.R.A.(N.S.) 572. 
 
 Does a deed absolute on its face, but intend- 
 ed as a mortgage, convey the legal 
 title. 11 L.R.A.(N.S.) 209. 
 
 Jurisdiction of equity over suit to have 
 deed declared a mortgage as to land in 
 another state or country. 69 L.R.A. 
 685. 
 
 Grantee's oral promise to grantor to hold 
 in trust, as giving rise to constructive 
 trust, where conveyance was made as 
 security. 39 L.R.A.(N.S.) 922. 
 
 Protection of purchaser from apparent 
 vendee under instrument apparently a 
 conveyance, but intended as a mort- 
 gage. 32 L.R.A.(N.S.) 1046; 38 L.R.A. 
 (N.S.) 982. 
 
 Effect of failure to record defeasance as 
 against creditors of the grantee. 5 
 L.R.A.(N.S.) 387. 
 
 Effect of judgment declaring husband's 
 title to an estate to be that of mort- 
 gagee on dower right of wife who is 
 not a party to the action. 13 L.R.A. 
 (N.S.) 723. 
 
 Effect of debt becoming barred by limita- 
 tions, upon rights and remedies under 
 conveyance absolute on its face, but in- 
 tended as a mortgage. 11 L.R.A. (N.S.) 
 825; 24 L.R.A. (N.S.) 840.
 
 940 
 
 INDEX TO L.R.A. NOTES. 
 
 MORTGAGE, II. b cont'd 
 
 Right to accept favorable part of decree on 
 absolute deed decreed to be a mortgage, 
 and appeal from the rest. 29 L.R.A. 
 (X.S.) 11. 
 
 Parol evidence that a written instrument 
 which on its face imports a complete 
 transfer of a legal or equitable estate 
 or interest in property was intended as 
 a mortgage. L.R.A.1916B, 18. 
 
 c. What property subject to or covered 
 by mortgage; description. 
 
 % 16. Property subject to mortgage. 
 
 Right to mortgage privilege to use streets 
 for quasi-public purposes. 47 L.R.A. 
 87; L.R.A.1917D, 707. 
 
 Right to mortgage burial lot. 67 L.R.A. 
 122. 
 
 17. Property covered. 
 
 Right to rents, earnings, and profits, see 
 infra, 33. 
 
 Mortgage of land as including crops. L.R.A. 
 1917C, 40. 
 
 18. after-acquired property. 
 
 Rails and other permanent fixtures annexed 
 after execution of railroad mortgage. 
 66 L.R.A. 44. 
 
 Validity of mortgage, other than railroad 
 mortgage, covering after-acquired prop- 
 erty. 21 L.R.A.(N.S.) 843. 
 
 19. Description. 
 
 Validity and effect of mortgage executed in 
 blank as to the land to be conveyed. 
 L.R.A.1918A, 1155. 
 
 d. Validity. 
 
 20. Generally. 
 
 Of chattel mortgage, see CHATTEL MORT- 
 GAGE, 4-6. 
 
 Validity of, as against creditors, see FRAUD- 
 ULENT CONVEYANCES, 8a, 9. 
 
 Validity of mortgage executed in blank as 
 to the land to be conveyed. L.R.A. 
 1918A, 1155. 
 
 Mortgage executed by citizen of one belli- 
 gerent to citizen of another. L.R.A. 
 1917C, 688. 
 
 Fictitious names, as affecting validity of. 
 39 L.R.A. 423. 
 
 Necessity of bond by guardian to make his 
 mortgage of land valid. 33 L.R.A. 761. 
 
 Validity of mortgage upon public lands ex- 
 executed by claimant under the home- 
 stead acts prior to patent or final proof. 
 6 L.R.A.(N.S.) 934; L.R.A.1915B, 681. 
 
 Validity of mortgage, other than railroad 
 mortgage, covering after-acquired real- 
 ty. 21 L.R.A. (N.S.) 843. 
 
 Validity of mortgage partially made on Sun- 
 day and perfected on a secular day. 4 
 L.R.A.(N.S.) 1151. 
 
 Begin ivitli tJiis book on every law question.. 
 
 MORTGAGE, II. d confd 
 
 Mortgage procured by threats of prosecu- 
 tion of relative. *20 L.R.A. (N.S.) 484: 
 L.R.A.1915D, 1118. 
 
 Effect of insolvency statutes upon mortgage 
 ^referring creditors. 37 L.R.A. 4(i">. 
 
 Voidability of mortgage within four months 
 of bankruptcy given pursuant to execu- 
 tory agreement antedating such period. 
 37 L.R.A.(N.S.) 937. 
 
 Validity of lien given to secure loans used 
 by bankrupt to give one of his creditors 
 a* preference. 24 L.R.A. (N.S.) 184. 
 
 Right to enforce mortgage given by an in- 
 competent who had not been declared 
 such. 42 L.R.A. (N.S.) 343. 
 
 Validity of stipulation for attorneys' fees. 
 L.R.A.1915B, 928. 
 
 Effect of mortgage on one who signs it but 
 is not named in it. 13 L.R.A. (N.S. ) 
 298; L.R.A.1915D, 196. 
 
 Validity of lien acquired by creditor of 
 fraudulent transferrer through fraudu- 
 lent transferee. 5 B. R. C. 277. 
 
 Validity of mortgage given to secure im- 
 perfectly executed note or bond. 44 
 L.R.A. (N.S.) 1153. 
 
 Power of surviving partner to mortgage 
 partnership property for firm debt. 3 
 B. R. C. 577. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void 
 in law. 4 B. R. C. C63. 
 
 Jurisdiction of equity over suit to cancel 
 void mortgage on realty in other state 
 or country. 69 L.R.A." 682. 
 
 21. Who may question validity. 
 
 Who may set up defense of usurv, see infra, 
 24. 
 
 Right of subsequent creditor to question 
 corporate mortgage in favor of, or for 
 the benefit of^ directors, in absence of 
 fraud. 12 L.R.A. (N.S.) 825. 
 
 22. Consideration. 
 
 Pre-existing debt as consideration for mort- 
 gage as against other creditors or 
 equities. 33 L.R.A. 305. 
 
 23. Usury. 
 
 Effect of mortgage security upon question 
 as to governing law with respect to 
 usury. 62 L.R.A. 61; L.R.A.1916D. 755. 
 
 Does the lex rei sitce with respect to inter- 
 est and usury control in action to fore- 
 close mortgage on real property. 55 
 LJl.A. 933. 
 
 Enforcement of mortgage valid by law where 
 made and payable, but usurious by lex 
 fpri et rei si'tcc. 4 L.R.A. (N.S.) 1191. 
 
 Requiring mortgagor to pay mortgage or 
 recording tax. 51 L.R.A. (N.S.) 4'i." ): 
 L.R.A.1918F, 383. 
 
 24. who may set up defense of. 
 
 Right of vendee of land subject to mort- 
 gage to raise question of usury. S 
 L.R.A. (N.S.) 814: 10 L.R.A. (N.S.) 
 857; 48 L.R.A. (N.S.) 840.
 
 INDEX TO L.R.A. .NOTES. 
 
 941 
 
 MORTGAGE, II. cont'd 
 
 e. Effect of, generally. 
 
 25. Generally. 
 
 Mortgage as breach of condition in in- 
 surance policy as to sole and uncondi- 
 tional ownership. L.R.A.1915D, 812. 
 
 Effect of mortgage to transfer reversion of 
 leased premises. L.R.A.1915C, 200. 
 
 Effect of mortgage contemporaneous with 
 note as defense to note. 43 L.R.A. 472. 
 
 Effect of provisions in, on liability of ad- 
 vanced member of loan association to 
 assessment for losses. 29 L.R.A. 177. 
 
 As rendering title unmarketable. 38 L.R.A. 
 (N.S.) 30. 
 
 Effect of instrument in form of chattel mort- 
 gage to create a lien on real estate. 11 
 L.R.A. (X.S.) 869. 
 
 As violation of covenant in lease against 
 assignment or sale. 14 L.R.A. (N.S.) 
 1204. 
 
 Assumption of individual debts of partner 
 by mortgage of partnership property. 
 29 L.R.A. 092. 
 
 Federal courts following state decisions as 
 to construction and effect of. 40 
 L.R.A. (N.S.) 414. 
 
 Relief from mistake of law as to effect of. 
 28 L.R.A. (N.S.) 801, 823. 
 
 Joining in mortgage on property as a 
 waiver of prior lien. 35 L.R.A. (N.S.) 
 348. 
 
 Effect of one spouse joining in the execu- 
 tion of the other's deed or mortgage to 
 convey the former's separate property 
 included therein. 28 L.R.A.(N.S.) 289. 
 
 26. On negotiability of note. 
 
 Effect of mortgage on negotiability of note. 
 35 L.R.A. 536. 
 
 Effect of stipulation for attorneys' fees in 
 mortgage upon negotiability of note se- 
 cured thereby. 26 L.R.A. (N.S.) 217. 
 
 Recital in note as to mortgage security as 
 affecting negotiability. 32 L.R.A. 
 (N.S.) 858. 
 
 f. Estates of parties in property mort- 
 
 gaged. 
 
 27. Generally. 
 
 As affecting change of title or interest in 
 
 insured property. 38 L.R.A. 562. 
 Effect of mortgage upon wife's right of 
 
 dower. 18 L.R.A. 76. 
 Mortgagee as owner within mechanics' lien 
 
 law. 39 L.R.A. (N.S.) 84. 
 Curtesv in equity of redemption. 20 L.R.A. 
 
 (N.S.) 454. 
 
 Does a deed absolute on its fffce but in- 
 tended as a mortgage convey the legal 
 
 title. 11 L.R.A.(N.S.) 209. 
 
 g. Rights, remedies, and liabilities of 
 
 parties generally. 
 
 1. In general. 
 
 28. Generally. 
 
 Of purchasers on foreclosure, see infra, 
 
 80-81. 
 Consult also L.R.A. Digests of Cases. 
 
 MORTGAGE, II. g, 1 cont'd 
 
 Right to redeem, see infra, 86-89. 
 
 Rights in fixtures on mortgaged premises, 
 
 see FIXTURES, 5, 7. 
 Rights of mortgagee to insurance money, see 
 
 INSURANCE, 185. 
 Right of insurer to subrogation to rights of 
 
 mortgagee, see INSURANCE, 197. 
 Subrogation to rights under, generally, see 
 
 SUBROGATION, 4. 
 
 29. Of mortgagor. 
 
 Injunction against cutting of timber by 
 mortgagor or mortgagee. 43 L.R.A. 
 (N.S.) 268. 
 
 Dedication of land by mortgagor. 31 L.R.A. 
 (N.S.) 1026. 
 
 Power of mortgagor to sell or contract with 
 reference to mortgaged property, free 
 from mortgage. 8 L.R.A. (N.S.) 404. 
 
 Right of mortgagor of mining claim to re- 
 locate same for his own benefit. 50 
 L.R.A. 186. 
 
 Effect of stipulation that mortgagor shall 
 become a tenant. 49 L.R.A. 435. 
 
 Infecting premises with contagious disease 
 as waste. 30 L.R.A. (N.S.) 474. 
 
 Liability of original mortgagor or interme- 
 diate grantee who has assumed the 
 mortgage, as affected by extension 
 of time given his grantee by the 
 mortgagee. 5 B. R. C. 633. 
 
 Right of mortgagor, or those claiming 
 through or under him, to set up out- 
 standing title, or acquire outstanding 
 title to defeat the mortgage. L.R.A. 
 1918B, 734. 
 
 When mortgagor excused from noncompli- 
 ance with his undertaking to pay in- 
 surance premiums or other obligations 
 to third party. L.R.A.1917D, 555. 
 
 Procuring of insurance by mortgagee as a 
 violation of provision in policy of mort- 
 gagor against other or additional in- 
 surauce. L.R.A.1917A, 607. 
 
 30. Of mortgagee. 
 
 Of mortgagee purchasing on foreclosure, see 
 infra, 81, 82. 
 
 Right to redeem, see infra, 89. 
 
 Accounting by or to mortgagee, see AC- 
 COUNTING^ 2. 
 
 In eminent domain proceedings, see EMI- 
 NENT DOMAIN, 38. 
 
 Rights of mortgagee to insurance money, 
 see INSURANCE, 185. 
 
 Effect of mortgagor's acts on rights of mort- 
 gagee under insurance policy, see IN- 
 SURANCE, 82. 
 
 Liability of mortgagee under mortgage 
 clause for insurance premium. L.R.A. 
 1917F, 379. 
 
 Right of mortgagee to set up Statute of 
 Limitations against other creditors of 
 his debtor. L.R.A.1918C, 1020. 
 
 Rights of mortgagee on condemnation of 
 premises. ]8 L.R.A. 113. 
 
 Right of mortgage creditor to question va- 
 lidity of attachment. 35 L.R.A. 768. 
 
 Ejectment by mortgagee. 18 L.R.A. 788.
 
 942 
 
 INDEX TO L.R.A. NOTES. 
 
 MORTGAGE, II. g, 1 cont'd 
 
 Injunction in favor of mortgagee against 
 execution sale. 30 L.R.A. 125. 
 
 Preliminary injunction which -would have 
 effect of transferring possession of prop- 
 erty from mortgagor to mortgagee. 39 
 L.R.A. (N.S.) 34. 
 
 Jurisdiction of equity to award compensa- 
 tory damages a'gainst mortgagee for 
 breach of trust. 14 L.R.A.(N.S.) 900. 
 
 Injunction against cutting of timber by 
 mortgagor or mortgagee. 43 L.R.A. 
 (N.S.) 268. 
 
 Mortgagee of leasehold as an assignee lia- 
 ble to lessor for rent. 52 L.R.A. (N.S.) 
 987. 
 
 Rights of mortgagee as to captured prop- 
 erty. 5 B. R. C. 1002. 
 
 Right of mortgagee to compensation for im- 
 provements made by one entering un- 
 der permission from mortgagor before 
 condemnation. L.R.A.1916F, 989. 
 
 Right of one taking mortgage of public land 
 from holder of final certificate in event 
 of its cancelation. L.R.A.1918E, 1002. 
 
 31. mortgagee in possession. 
 
 Meaning of term and character of mort- 
 gagee in possession. 37 L.R.A. 841. 
 
 Purchaser at void foreclosure sale as mort- 
 gagee in possession. 40 L.R.A. (N.S.) 
 839. 
 
 Rights of purchaser at void foreclosure sale 
 as mortgagee in possession. 40 L.R.A. 
 (N.S.) 842. 
 
 Does limitation run against mortgagee in 
 possession. 34 L.R.A. (N.S.) 356. 
 
 Effect of entry by mortgagee by virtue of 
 an interest in the property, but not un- 
 der the mortgage, to enable him to hold 
 as a mortgagee in possession. 16 L.R.A. 
 (N.S.) 151. 
 
 Application of rents received by mortgagee 
 in possession. 4 B. R. C. 829. 
 
 Right and duty of mortgagee in possession 
 as to repair or improvement of 
 property. 49 L.R.A.(N.S.) 122. 
 
 Right of mortgagee in possession to main- 
 tain action for trespass antecedent to 
 his entry. 6 B. R. C. 92. 
 
 2. As to taxes. 
 
 % 32. Generally. 
 
 Right of mortgagee to notice to redeem from 
 tax sale. 44 L.R.A. (N.S.) 669, 676, 679. 
 
 Right of mortgagee, who has paid taxes, to 
 maintain independent action against 
 mortgagor for reimbursement before or 
 after foreclosure of mortgage. 10 L.R.A. 
 (N.S.) 679. 
 
 Right to prevent foreclosure of mortgage for 
 default in taxes by payment of same be- 
 fore commencement of action. 22 L.R.A. 
 (N.S.) 360. 
 
 Right of purchaser on foreclosure to recover 
 amount paid to relieve land from tax 
 from prior owner who should have paid 
 same. 22 L.R.A. (N.S.) 562. 
 
 Validity and effect of purchase of tax title 
 by mortgagee. L.R.A.1917D, 522. 
 
 I MORTGAGE, II. g cont'd 
 
 Begin u-ith this book on every law question. 
 
 3. As to rents, earnings, and profits. 
 
 33. Generally. 
 
 During or after foreclosure, see infra, 79. 
 
 Ti. Bondholders. 
 
 34. Generally. 
 
 Right of bondholders to bring suit to en- 
 force mortgage, see infra, 68. 
 
 Bondholders as parties to foreclosure suit, 
 see infra, 72. 
 
 Extent to which bondholders are represent- 
 ed by trustee in mortgage or deed of 
 trust securing the bonds. 16 L.R.A. 
 (N.S.) 1006. 
 
 Whose servants are employees operating 
 railroads for trustees of mortgage bond- 
 holders. 37 L.R.A. 85. 
 
 Right of detached coupons to benefit of 
 mortgage securing bonds. 43 L.R.A 
 (N.S.) 82. 
 
 III. Priority. 
 
 35. Generally. 
 
 Marshaling assets for benefit of mortgagor. 
 47 L.R.A. (N.S.) 302. 
 
 Priority, as between dower and purchase 
 money mortgage. 52 L.R.A. (N.S.) 540. 
 
 Efficacy of chattel mortgage as against real- 
 estate mortgage. 15 L.R.A. 57. 
 
 Priority of statutory preference of claim 
 for labor over pre-existing mortgage. 
 2 L.R.A. (N.S.) 615. 
 
 Priority of statutory lien for work not bene- 
 ficial to the property, done in the exer- 
 cise of the police power. L.R.A.1918C, 
 1024. 
 
 Priority of claims against property in 
 hands of receiver over mortgage. 41 
 L.R.A.(N.S.) 695. 
 
 36. Unrecorded mortgage. 
 
 Of unrecorded mortgage as against pur- 
 chaser at judicial sale. 21 L.R.A. 38. 
 
 Priority as between unrecorded mortgage 
 and lien acquired by attachment. L.R.A. 
 1918A, 1089. 
 
 37. Over mechanics' and laborers' 
 liens. 
 
 See MECHANICS' LIEXS, 9. 
 
 38. Over local assessments. 
 
 Superiority as between special assessment 
 for public improvement and private 
 mortgage. 35 L.R.A. 372; 30 L.R.A. 
 (N.S.) 769. 
 
 Necessity of giving mortgagee notice of pub- 
 lic improvement. 37 L.R.A. (N.SJ 
 558. 
 
 39. Of notes falling due at different 
 times secured by same mortgage. 
 
 In general. 24 L.R.A. 800; 42 L.R.A. (N.S.) 
 
 183. 
 Pro rata rule. 24 L.R.A. 800; 42 L.R.A. 
 
 (N.S.) 185. 
 Pro rata as to notes made to different 
 
 parties. 24 L.R.A. 801.
 
 INDEX TO L.R.A. NOTES. 
 
 943 
 
 MORTGAGE, III. cont'd 
 
 Priority as regulated by maturity. 24 
 
 L.R.A. 801. 
 Priority as regulated by contract of as- 
 
 sig"nmeiit. 24 L.R.A. 802. 
 The earlier maturity rule. 42 L.R.A. 
 
 (N.S.) 109. 
 The prior assignment rule. 42 L.R.A. 
 
 (N.S.) 205. 
 
 IV. Sale of mortgaged property; as- 
 sumption of debt, 
 
 40. Generally. 
 
 Covenants against mortgages, see COVE- 
 NANTS, 10, 11, 28-30. 
 
 Liability in inverse order of alienation, see 
 MARSHALING ASSETS AND SECURITIES, 
 2. 
 
 Rule as to inverse order of alienation as af- 
 fected by assumption of mortgage debt. 
 39 L.R.A. (N.S.) 359. 
 
 Effect of assumption of debt, before notice 
 of defective title, to sustain the bona 
 fide character of purchaser of real es- 
 tate. 7 L.R.A.(N.S.) 1120. 
 
 Relief from mistake of law as to assumption 
 of mortgage. 28 L.R.A. (N.S.) 819. 
 
 Effect of transfer of part of tract of mort- 
 gaged land, to create easement. 26 
 L.R.A. (N.S.) 343. 
 
 Structures erected by railroad company on 
 right of way through land subject to 
 previous mortgage. 66 L.R.A. 43. 
 
 Effect of purchase at tax sale, by or in the 
 interest of mortgagor, guarantor of 
 mortgage indebtedness, x>r purchaser of 
 equity of redemption. 16 L.R.A. (N.S.) 
 121; '52 L.R.A.(N.S.) 877. 
 
 % 41. Rights of purchaser. 
 
 Hight of purchaser of land subject to a 
 mortgage to question the validity of 
 the mortgage. L.R.A.1917C, 832. 
 
 Right of vendee of real estate subject to 
 mortgage to raise question of usury. 8 
 L.R.A. (N.S.) 814; 10 L.R.A. (N.S.) 
 857; 48 L.R.A. (N.S.) 840. 
 
 flight of one purchasing equity of redemp- 
 tion to cut out second mortgage by pur- 
 chasing under foreclosure of first. 8 
 L.R.A.(N.S.) 491. 
 
 42. Protection of one purchasing 
 from apparent vendee in deed in- 
 tended as a mortgage. 
 
 general. 32 L.R.A. (N.S.) 1046; 38 
 L.R.A.(N.S.) 982. 
 
 43. Liability of purchaser. 
 
 Contingency of liability of grantee assum- 
 ing mortgage as affecting presentation 
 for claim against decedent's estate. 58 
 L.R.A. 89. 
 
 Parol evidence to show that grantee of deed 
 assumed existing liens. 25 L.R.A. (N.S.) 
 1202. 
 
 Personal liability of purchaser of equity of 
 redemption for mortgage debt in ab- 
 sence of express assumption thereof. , 
 L.R.A.1917C, 592. 
 
 Consult also L.R.A, Digests of Cases, 
 
 MORTGAGE, IV. cont'd 
 
 Effect of agreement to pay mortgage insert- 
 ed in deed by mistake. L.R.A.1918A, 
 1003. 
 
 Right of mortgagee whose mortgage is as- 
 sumed by a vendee as part of the pur- 
 chase price to enforce the vendor's lien. 
 47 L.R.A.(N.S.) 189. 
 
 Right of mortgagee to maintain personal ac- 
 tion ajrainst grantee who has assumed 
 payment. 6 L.R.A. 611;* 25 L.R.A. 
 275. 
 
 Right of mortgagee to enforce purchaser's 
 promise to pay the mortgage where the 
 grantor or promisee was not himself 
 liable. 22 L.R.A.(N.S.) 492; 39 
 L.R.A.(N.S.) 151; L.R.A.1916D, 154. 
 
 Mortgagee's right to sue where property is 
 sold subject to mortgage. 25 L.R.A. 
 275. 
 
 Liability of intermediate grantee who has 
 assumed the mortgage as affected by 
 extension of time given to his grantee 
 by the mortgagee. 5 B. R. C. 633. 
 
 44. Liability as between mortgagor 
 and purchaser. 
 
 Release of mortgagor as surety by mort- 
 gagee's dealing with vendee who has 
 assumed the mortgage. 16 L.R.A. 85. 
 
 Effect upon mortgagor's obligation of modi- 
 fication between mortgagee and subse- 
 quent grantee. 4 L.R.A. (N.S.) 666. 
 
 Effect of payment 'or acknowledgment by 
 mortgagor to toll statute of limitations 
 as against his grantee. 28 L.R.A. 
 (N.S.) 169. 
 
 45. Effect of rescission of purchase 
 on assumption of mortgage or lien 
 thereon. 
 
 Rule that contract is not subject to rescis- 
 sion. 40 L.R.A.(N.S.) 673. 
 
 Rule that contract is subject to rescission 
 prior to actual acceptance by mort- 
 gagee. 40 L.R.A.(N.S.) 674. 
 
 Effect of extrinsic circumstances or charac- 
 ter of contract. 40 L.R.A. (N.S.) 675. 
 
 Right to rescind after acceptance. 40 L.R.A. 
 (N.S.) 676. 
 
 46. Creation of indebtedness, by pur- 
 chase by municipality. 
 
 Is mortgage debt upon property purchased 
 by municipality without assuming pay- 
 ment, part of a municipal indebtedness. 
 3 L.R.A. (N.S.) 684. 
 
 Purchase of equity of redemption by munici- 
 pality as creating indebtedness within 
 debt limit provisions. 37 L.R.A. (N.S.) 
 1105; L.R.A.1917E, 454. 
 
 V. Assignment of mortgage. 
 
 47. Generally. 
 
 Who must enter satisfaction of assigned 
 mortgage within meaning of statute 
 providing a penalty for failure to do 
 so after payment. L.R.A.1918B, 601.
 
 944 
 
 INDEX TO L.R.A. NOTES. 
 
 MORTGAGE, V. cont'd 
 
 Lien of mortgage securing negotiable instru- 
 ments assigned before maturity as af- 
 fected by payment to payee without 
 knowledge of assignment. 29 L.R.A. 
 (N.S.) 577; 41 L.R.A.(N.S.) 462. 
 
 Effect of placing bond indorsed in blank in 
 custody of another to estop as against 
 purchaser in good faith. 29 L.R.A. 
 (N.S.) 256. 
 
 Assignee of junior mortgage as necessary 
 party to suit for foreclosure of senior 
 mortgage. 36 L.R.A.(N.S.) 433. 
 
 Effect of negotiable character of note se- 
 cured by junior mortgage on necessity 
 of making assignee of such mortgage a 
 party to a suit for foreclosure of senior 
 mortgage. 36 L.R.A. (N.S.) 434. 
 
 As against subsequent bona fide purchaser 
 or encumbrancer relying on an appar- 
 ent discharge of mortgage by mort- 
 gagee. L.R.A.1915F, 554. 
 
 48. Nature and effect of. 
 
 Pledge or assignment by mortgagee of his 
 interest in the mortgage debt or prop- 
 erty as affecting his right against in- 
 surer. L.R.A.1917E, 330. 
 
 49. effect of assignment by or with 
 mortgagor's consent to third per- 
 son after payment of debt original- 
 ly secured. 
 
 Effect of intention to preserve lien after 
 
 payment. 27 L.R*.A.(N.S.) 111. 
 In absence of intention to preserve lien; 
 payment before maturity. 27 
 L.R.A.(N.S.) 113. 
 
 Payment by purchaser of equity of redemp- 
 tion; effect of intention to preserve 
 lien. 27 L.R.A. (N.S.) 117. 
 Attempt after payment of principal debt, 
 to assign mortgage indemnifying surety 
 or indorser. 27 L.R.A. (N.S.) 119. 
 
 50. Rights of assignee. 
 
 As against subsequent bona fide purchasers 
 or encumbrancers relying on apparent 
 discharge of mortgage by mortgagee. 
 - 15 L.R.A.(N.S.) 1025. 
 
 To enforce option to declare entire mort- 
 gage due for default of payments. 15 
 L.R.A.(N.S.) 590. 
 
 Does assignee of mortgage as collateral se- 
 curity, who forecloses the same and 
 purchases the property, hold the title 
 subject to a trust in favor of the as- 
 signor. 7 L.R.A. (N.S.) 1094. 
 
 Right of mortgagee's assignee to purchase 
 tax title. L.R.A.1917D, 522. 
 
 51. Priority between assignees. 
 
 Priority among assignees. 13 L.R.A. 298.* 
 
 VI. Payment; discharge; release; ex- 
 tinction or extension of lien. 
 
 a. In general. 
 
 52. Generally. 
 
 Subrogation to rights of mortgage, see SUB- 
 KOGATION, 4. 
 
 Begin with this booTf on every law question. 
 
 MORTGAGE, VI. a cont'd 
 
 Payment of illegal bonus for discharge of, 
 pending foreclosure, as duress. 2 
 L.R.A. (N.S.) 574. 
 
 Liability of advanced member of loan- as- 
 sociation to assessment for losses after 
 release of mortgage. 29 L.R.A. 181. 
 
 Rights of assignee as against subsequent 
 bona fide purchasers or encumbrancers 
 relying on apparent discharge of the 
 mortgage by mortgagee. 15 L.R.A. (N. 
 S.) 1025; L.R.A.1915F, 554. 
 
 Effect upon lien of mortgage securing nego- 
 tiable instruments assigned before ma- 
 turity, of payment to payee without 
 knowledge of assignment. 29 L.R.A. 
 (N.S.) 577; 41 L.R.A. (N.S.) 462. 
 
 Rights of life tenant who pays mortgage as 
 against remainderman. 29 L.R.A.(N. 
 S.) 153. 
 
 Right of lienor to proceeds where property 
 is sold with his consent under agree- 
 ment that proceeds shall be applied to- 
 ward payment of debt. L.R.A.1915C, 
 166. 
 
 Repudiating cotenancy as affecting right 
 to contribution of cotenant paying en- 
 cumbrance. L.R.A. 1915B, 973/ 
 
 Effect on mortgage of alteration of note 
 secured by it. 41 L.R.A. (N.S.) 230. 
 
 Effect of discharge in bankruptcy on lien 
 of mortgage. 42 L.R.A. (N.S.) 295. 
 
 Extent to which bondholders are repre- 
 sented by trustee in release of mort- 
 gaged property. 16 L.R.A. (N.S.) 1011. 
 
 New obligation given by debtor to secure 
 release of lien as novation of the orig- 
 inal obligation. 36 L.R.A. (N.S.) 464. 
 
 Recovery of payment unlawfully demanded 
 by mortgagees as made in duress of 
 real property. L.R.A.1915B, 498. 
 
 53. Application of payments. 
 See PAYMENT, 20. 
 
 54. Release of parcel. 
 
 Effect of release of parcels by mortgagee. 
 5 L.R.A. 286.* 
 
 55. Extension of lien by renewal of 
 secured debt. 
 
 Generally. 55 L.R.A. 673. 
 
 As against original debtor and mortgagor. 
 
 55 L.R.A. 673. 
 As against subsequent encumbrancers or 
 
 grantees. 55 L.R.A. 677. 
 Effect of renewal by one, to secure whose 
 
 debt, mortgage was given by another. 
 
 55 L.R.A. 684. 
 Absence from state as operating to renew 
 
 debt. 55 L.R.A. 685. 
 Under provision of particular statute or 
 
 Code. 55 L.R.A. 688. 
 
 b. What operates as a discharge or 
 satisfaction. 
 
 56. Generally. 
 
 Waiver of junior lien by failure to assert it 
 in foreclosure proceedings, see infra, 
 64.
 
 INDEX TO L.R.A. NOTES. 
 
 945 
 
 MORTGAGE, VI. b cont'd 
 
 Who must enter satisfaction of assigned 
 mortgage within meaning of statute 
 providing a penalty for failure to do 
 so after payment. L.R.A.1918B, 601. 
 
 Who may make a. tender which will dis- 
 charge the lien of a mortgage. L.R.A. 
 1918C, 186. 
 
 Effect of payment of debt by volunteer. 23 
 L.R.A. 131. 
 
 Effect of deed in partition on mortgage lien. 
 57 L.R.A. 340. 
 
 Waiver of lien of mortgage by attachment 
 or execution. 50 L.R.A. 718. 
 
 Lien on mortgage securing negotiable in- 
 struments assigned before maturity as 
 affected by payment to payee, without 
 knowledge of assignment. 29 L.R.A. 
 (N.S.) 577. 
 
 Effect upon lien of mortgage, of entry of 
 judgment upon bond or note secured 
 thereby. 24 L.R.A. (N.S.) 1095. 
 
 Acceptance of renewal paper as satisfaction 
 of mortgage. 35 L.R.A. (N.S.) 86. 
 
 Payment to one not in possession of mort- 
 gage. 23 L.R.A. (N.S.) 414; L.R.A. 
 1916B, 860. 
 
 Voluntary conveyance in which dower is not 
 released, in satisfaction of a mortgage 
 releasing dower. 31 L.R.A. (N.S.) 323. 
 
 57. Effect of unaccepted tender on 
 lien. 
 
 Before and at maturity. 33 L.R.A. 231; 
 23 L.R.A. (N.S.) 403. 
 
 After maturity. 33 L.R.A. 231; 28 L.R.A. 
 (N.S.) 998. 
 
 By and to whom made. 33 L.R.A. 233. 
 
 Tender of portion onlv. 33 L.R.A. 233. 
 
 Sufficiency. 33 L.R.A". 233. 
 
 Ground of refusal. 33 L.R.A. 234. 
 
 Remedy of mortgagor. 33 L.R.A. 235. 
 
 Equivalent to tender. 33 L.R.A. 235. 
 
 Mortgage conditioned to support the mort- 
 gage. 33 L.R.A. 235. 
 
 Miscella.ieous. 33 L.R.A. 235. 
 
 c. Merger; keeping alive; reinstate- 
 ment. 
 
 
 
 58. Merger; keeping alive. 
 
 Keeping alive mortgage discharged or re- 
 leased by mistake. 28 L.R.A. (N.S.) 
 904. 
 
 Keeping equitable alive mortgage after pay- 
 ment. 1 L.R.A.(N.S.) 405. 
 Proceedings to enforce mortgage for part 
 of debt as affected by prior proceedings 
 in matters of merger. 37 L.R.A. 758. 
 Merger of mortgage by conveyance from 
 mortgagor to mortgagee or revival 
 thereof after such conveyance, 
 where there are intermediate en- 
 cumbrances upon the property. 39 
 L.R.A. (N.S.) 834. 
 
 59. Revival; reinstatement. 
 
 Revival of mortgage after conveyance from 
 mortgagor to mortgagee, where there 
 are intermediate encumbrances on the 
 property. 39 L.R.A. (N.S.) 834. 
 
 Consult also L.R.A. Digests of Cases. 60 
 
 MORTGAGE, VI. c cont'd 
 
 Revival of discharged mortgage in favor of 
 assignee of equity of redemption, who 
 pays it. as against junior lien. 16 
 L.R.A. (N.S.) 470; 47 L.R.A. (N.S.) 
 1190. 
 
 60. right to reinstatement of mort- 
 gage released or discharged by mis- 
 take. 
 
 In general. 58 L.R.A. 788; 26 L.R.A. (N.S.) 
 
 816; 23 L.R.A. (N.S.) 825, 904; L.R.A. 
 
 1917E, 1055. 
 Mistake as to the effect of a decree. 58 
 
 L.R.A. 788. 
 Where the release is unintentional. 58 
 
 L.R.A. 788. 
 Where the wrong mortgage is released. 58 
 
 L.R.A. 791. 
 
 Release without authority. 58 L.R.A. 792. 
 Ignorance of intervening judgments and at- 
 tachments. 58 L.R.A. 794. 
 Ignorance of intervening mortgage liens or 
 
 deeds. 58 L.R.A. 796. 
 
 Ignorance of defective title. 58 L.R.A. 801. 
 Mistake as to assets of debtor. 58 L.R.A. 
 
 804. 
 Mistake as to amount and consideration. 
 
 58 L.R.A. 804. 
 Mistake of law. 58 L.R.A. 805; L.R.A. 
 
 1917E, 1057. 
 
 Mistake of fact. L.R.A.1917E, 1055. 
 Relief as affected by the equities between 
 
 the parties. L.R.A.1917E, 1057. 
 Negligence of the mortgagee. L.R.A. 1917E, 
 
 1058. 
 Laches of the mortgagee. L.R.A.1917E, 
 
 1058. 
 As to persons subsequently dealing with the 
 
 mortgaged property. L.R.A.1917E, 
 
 1058. 
 Matters of procedure. L.R.A.1917E, 1059. 
 
 VII. Enforcement; powers of sale. 
 a. In general. 
 
 61. Generally. 
 
 Jurisdiction of action to foreclose mortgage 
 on land in other state, see COURTS, 
 22. 
 
 Equity jurisdiction of suit, see EQUITY, 
 10. 
 
 Right of set-off, see SET-OFF AND COUNTER- 
 CLAIM, 9. 
 
 Enforcement of mortgage against alien 
 enemy. 5 B. R. C. 597; L.R.A.1918B, 
 198. 
 
 Foreclosure of mortgage upon land in an- 
 other state. 4 L.R.A. (N.S.) 986. 
 
 Enforcement of mortgage valid according 
 to law of place where made and pay- 
 able, but usurious according to the lex 
 fori et rei sitcr. 4 L.R.A. (N.S.) 1191. 
 
 Right to foreclose deed intended as security 
 for debt as an equitable mortgage. 22 
 L.R.A. (N.S.) 572. 
 
 Reformation of mortgage after foreclosure. 
 39 L.R.A. (N.S.) 90. 
 
 Denial of matters as to, on information and 
 belief. 30 L.R.A. (N.S.) 779.
 
 946 
 
 INDEX TO L.R.A. NOTES. 
 
 MORTGAGE, VII. a cont'd 
 Removal, for separable controversy, of pro- 
 ceeding to foreclose. 5 L.R.A. (N.S.) 
 
 72. 
 
 62. Effect of foreclosure. 
 
 Pendency of foreclosure suit in both state 
 and Federal courts sitting in same 
 state. 42 L.R.A. 451. 
 
 Effect of foreclosure of one of several si- 
 multaneous mortgages upon the others. 
 39 L.R.A. (N.S.) 524. 
 
 Effect of foreclosure by taking possession 
 before all of mortgage debt due. 3 
 L.R.A.(N.S.) 343. 
 
 Effect of foreclosure of mortgage on leased 
 premises to transfer reversion. L.R.A. 
 1915C, 204. 
 
 63. Proceedings to enforce mort- 
 gage for part of debt. 
 
 Right to enforce. 37 L.R.A. 737. 
 Parties. 37 L.R.A. 741. 
 Decree. 37 L.R.A. 743. 
 Stay of proceedings. 37 L.R.A. 749. 
 Sale. 37 L.R.A. 751. 
 Redemption; right to. 37 L.R.A. 752. 
 As affected by prior proceedings. 37 L.R.A. 
 752. 
 
 64. Waiver of junior lien by failure 
 to assert it, in foreclosure proceed- 
 ings. 
 
 Generally. 68 L.R.A. 323. 
 Splitting claims. 68 L.R.A. 323. 
 Where default was taken. 68 L.R.A. 325. 
 Application of the proceeds of sale. 68 
 L.R.A. 330. 
 
 ft. On default of interest, instalment, 
 taxes, etc. ; acceleration. 
 
 65. Generally. 
 
 When mortgagor is excused from noncom- 
 pliance with his undertaking to pay in- 
 surance premiums or other obligations 
 to third party. L.R.A.1917D, 555. 
 
 Right to enforce mortgage for interest in 
 default. 37 L.R.A. 737. 
 
 Right of assignee of mortgage to enforce 
 option to declare entire mortgage due 
 for default of payments. 15 L.R.A. 
 (N.S.) 590. 
 
 Right to prevent foreclosure of mortgage on 
 real property for default in payment 
 of interest or taxes by payment of 
 same before commencement of action. 
 22 L.R.A.(N.S.) 360. 
 
 Effect of acceleration provision in mortgage 
 to start the statute of limitations run- 
 ning. 12 L.R.A.(N.S.) 1190; 22 L.R.A. 
 (N.S.) 1110; 51 L.R.A.(N.S.) 151; 
 L.R.A.1918F, 169. 
 
 Place and requisites of tender of interest 
 which will prevent acceleration of ma- 
 turity of mortgage under interest 
 clause. 36 L.R.A. (N.S.) 308. 
 
 Acceleration provision as affecting negotia- 
 bility of notes secured. 35 L.R.A.(N.S.) 
 390; L.R.A.1915B, 473. 
 
 Begin with tJiis booJc on every law question. 
 
 MORTGAGE, VII. b cont'd 
 
 Provision in bond or note that interest 
 when due and unpaid shall be added to 
 the principal, as affecting right to fore- 
 close mortgage securing the same for 
 default in interest. 42 L.R.A. (N.S.) 
 108. 
 
 Right of mortgagor or owner of equity of 
 redemption to contest validity of tax 
 paid by mortgagee. L.R.A. 1915D, 432. 
 
 Differences between bond or note and mort- 
 gage, affecting maturity. 46 L.R.A. 
 (N.S.) 475. 
 
 c. Who may enforce. 
 
 66. Generally. 
 
 Who is real party in interest by whom fore- 
 closure action must be brought. 64 
 L.R.A. 618. 
 
 Effect of foreclosure by unauthorized for- 
 eign corporation. 24 L.R.A. 320. 
 
 Right of assignee of mortgage to enforce op- 
 tion to declare entire mortgage due 
 for default of payments. 15 L.R.A. (N. 
 S.) 590. 
 
 67. Junior encumbrancer. 
 
 Suit by junior encumbrancer. 1 L.R.A. 
 334.* 
 
 Right of holder of junior mortgage to fore- 
 close. 5 L.R.A. 291.* 
 
 68. Bondholders. 
 
 Right of bondholder to sue for enforcement 
 of trust deed. 20 L.R.A. 535. 
 
 Foreclosure suit by bondholders in both 
 state and Federal courts sitting in 
 same state. 42 L.R.A. 449. 
 
 d. Parties. 
 
 69. Generally. 
 
 Effect of failure to make one a party, see: 
 PAETIES, 34. 
 
 Parties to proceedings to foreclose mortgage 
 for part of debt. 37 L.R.A. 741. 
 
 As affected by prior proceedings in which 
 the parties were different. 37 L.R.A. 
 752. 
 
 Foreclosure as against persons not in being. 
 8 L.R.A. (N.S.) 70. 
 
 Judgment against trustee in mortgage as 
 affecting beneficiary who was not a 
 party. 35 L.R.A. (N.S.) 196. 
 
 Effect of foreclosure of one of several si- 
 multaneous mortgages without making 
 other mortgagees parties to the suit. 
 39 L.R.A. (N.S.) 524. 
 
 70. Junior encumbrancers. 
 
 Necessity of making junior encumbrancer a 
 party to a suit for foreclosure of a 
 senior mortgage. 36 L.R.A. (N.S.) 
 426. 
 
 71. Trustee. 
 
 Trustee as necessary parties in action by 
 bondholders. 20 L.R.A. 538; 16 L.R.A. 
 
 (N.S.) 1017.
 
 INDEX TO L.R.A. NOTES. 
 
 947 
 
 MORTGAGE, VII. cont'd 
 72. Bondholders. 
 
 Bondholders as necessary parties in suit 
 by trustees. 16 L.R.A.(N.S.) 1008. 
 
 e. Defenses. 
 
 % 73. Generally. 
 
 Effect of bar of other remedy to bar fore- 
 closure suit, see LIMITATION OF AC- 
 TIONS, 14. 
 
 When statute of limitations runs on action 
 to foreclose mortgage, see LIMITATION 
 OF ACTIONS, 28. 
 
 When action to foreclose mortgage is 
 barred, see LIMITATION OF ACTIONS, 
 50. 
 
 Mortgage contemporaneous with note as de- 
 fense thereto. 43 L.R.A. 472. 
 
 Right to open default in foreclosure pro- 
 ceedings as affected by character of 
 defense. L.R.A.1916F, 854. 
 
 Existence of state of war as defense to 
 enforcement of mortgage against alien 
 enemy. 5 B. R. C. 597. 
 
 /. Decree. 
 
 74. Generally. 
 
 Decree for deficiency, see infra, 84. 
 
 In proceedings to enforce mortgage for part 
 
 of debt. 37 L.R.A. 743. 
 Judgment against trustee in mortgage as 
 
 affecting beneficiary who was not a 
 
 party. 35 L.R.A. (N.S.) 196. 
 Right of third person to have judgment of 
 
 foreclosure set aside. 54 L.R.A. 763. 
 Collateral attack for fraud not affecting 
 
 jurisdiction on judgment of foreclosure. 
 
 36 L.R.A. (N.S.) 985. 
 Right to accept favorable part of decree 
 
 and appeal from the rest. 29 L.R.A. 
 
 (N.S.) 12. 
 Right to open default judgment as affected 
 
 by character of defense. L.R.A. 1916F, 
 
 854. 
 
 g. Power of sale; strict foreclosure. 
 
 75. Generally. 
 
 Right to strict foreclosure of a mortgage. 
 
 20 L.R.A. 370. 
 Effect of foreclosure by taking possession 
 
 before all of mortgage debt is due. 3 
 
 L.R.A.(N.S.) 343. 
 May a power of sale be implied where a 
 
 mortgage gives no express power. 3 
 
 B. R. C. 925. 
 
 76. Revocation of power of sale. 
 
 Does power of sale in a mortgage or deed 
 of trust confer an interest which 
 prevents its revocation by death 
 of mortgagor. 70 L.R.A. 135. 
 
 77. Sale under power. 
 
 As to rights of purchasers at sale under 
 
 power, see infra, 80. 
 Injunction against, see INJUNCTION, 44. 
 
 Sale under power contained in mortgage on 
 property of alien enemy. L.R.A.1918B, 
 198. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MORTGAGE, VII. g cont'd 
 
 Right of mortgagee to exercise power of 
 sale during pendency of foreclosure, or 
 of action for debt secured. 2 B. R. C. 
 841. 
 
 Effect of bar of other remedies to prevent 
 a sale of property under a power in a 
 trust deed or mortgage. 13 L.R.A. 
 (N.S.) 1210. 
 
 Right to enjoin sale under power in mort- 
 gage against which the statute of limi- 
 tations has run. 6 L.R.A. (N.S.) 510. 
 
 Reformation of mortgage after foreclosure 
 under power of sale. 39 L.R.A. (N.S.) 
 93. 
 
 Dower in land sold under power of sale 
 in mortgage given for purchase money, 
 52 L.R.A. (N.S.) 548, 550. 
 
 Amount of property to be sold on foreclos- 
 ure under power of sale. L.R.A.1917B, 
 526. 
 
 7i. Sale. 
 
 1. In general. 
 
 i , 
 
 78. Generally. 
 
 Under power in mortgage, see supra, 77. 
 Proceeds of, see infra, 83. 
 Injunction against sale, see INJUNCTION, 
 43, 44. 
 
 In proceedings to enforce mortgage for part 
 of debt. 37 L.R.A. 751. 
 
 Effect of sale under mortgage on wife's 
 right of dower. 18 L.R.A. 76. 
 
 Enjoining sale under trust deed pending 
 bankruptcy. 2 L.R.A. \ N.S.) 560. 
 
 Right of mortgagor to engage in competing 
 business after sale of business and good 
 will on foreclosure. 19 L.R.A. (N.S.) 
 765. 
 
 Right to proceeds ol insurance where loss 
 occurs after foreclosure sale but during 
 the period of redemption. 6 L.R.A. 
 (N.S.; 448. 
 
 Necessity for change of possession to uphold 
 sale under deed of trust as against 
 creditors of former owner. 36 L.R.A. 
 (N.S.) 1021. 
 
 What fund is chargeable with costs and 
 expenses of sale when encumbered prop- 
 erty is sold in bankruptcv free of liens. 
 29 L.R.A.(N.S.) 737. 
 
 First and last days in computing time for 
 sales under. 49 L.R.A. 235. 
 
 Necessity of pleading statute of frauds in 
 action to set aside sale under mortgage. 
 49 L.R.A.(N.S-) 37. 
 
 79. En masse or in parcels. 
 
 Effect of sale en masse by sheriff directed 
 to sell parcels of land, separately mort- 
 gaged, separately. 15 L.R.A. (N.S.) 
 549. 
 
 Amount of property to be sold under mort- 
 gage foreclosure. L.R.A.1917B, 517. 
 
 79a. Right to rents and income. 
 
 Right to rents or income after foreclosure 
 decree and before purchaser's title is 
 perfected. 1 L.R.A. (N.S.) 1079.
 
 948 
 
 INDEX TO L.R.A. NOTES. 
 
 MORTGAGE, VII. h, 1 cont'd 
 
 Power of equity, in jurisdiction where mort- 
 gage does not convey the title, to im- 
 pound rents and profits of mortgaged 
 property pending foreclosure. 7 L.R.A. 
 (N.S.) 1001. 
 
 2. Purchasers and their rights, title, 
 liability, etc. 
 
 (a) In general. 
 
 80. Generally. 
 
 Purchase by one cotenant under foreclosure 
 of mortgage given by one through 
 whom the cotenants derived title. 19 
 L.R.A.(N.S.) 591. 
 
 Right of purchaser to relief in equity 
 against collection of bond and mort- 
 gage. 5 L.R.A. 46. 
 
 Right of purchaser at mortgage foreclosure 
 sale to question the validity of the 
 mortgage. L.R.A.1917C, 839. 
 
 Rights of purchaser at foreclosure sale with 
 respect to fixtures. 7 L.R.A. 278. 
 
 Right of one purchasing equity of redemp- 
 tion to cut out second mortgage by 
 purchasing under foreclosure of first. 
 8 L.R.A. (N.S.) 491. 
 
 Right of purchaser at foreclosure sale to 
 recover amount paid to relieve land 
 from tax from prior owner who should 
 have paid the same. 22 L.R.A. (N.S.) 
 562. 
 
 Remedy of purchaser at sale under senior 
 mortgage to which a junior mortgagee 
 was not made a party. 36 L.R.A. 
 (N.S.) 437. 
 
 Does a water right used in connection with 
 land mortgaged prior to its acquire- 
 ment pass on foreclosure. 15 L.R.A. 
 (N.S.) 359. 
 
 Rights of seller of chattel retaining title 
 thereto or a lien thereon as against 
 purchaser on foreclosure of an existing 
 mortgage on the realty to which the 
 chattel was affixed by the owner. 37 
 L.R.A.(N.S.) 123. 
 
 Liability of purchaser at mortgage sale of 
 property charged with the payment 
 of legacy. 30 L.R.A. (N.S.) 820. 
 
 Purchaser under foreclosure of junior mort- 
 gage as necessary party to suit for 
 foreclosure of senior mortgage. 36 
 L.R.A.(N.S.) 434. 
 
 Subsequent completion of title acquired at 
 foreclosure as inuring to benefit of 
 grantee in quitclaim. 35 L.R.A. (N.S.) 
 1190. 
 
 Estoppel as against purchaser at foreclosure 
 sale to assert title or interest in prop- 
 erty by concealing the same or repre- 
 senting it to be in another. 48 L.R.A. 
 (N.S.) 753, 760. 
 
 Usury in mortgage as affecting rights of 
 purchaser under foreclosure. L.R.A. 
 1915D, 349. 
 
 Liability to purchaser, of mortgagee who 
 sells under a power in the mort- 
 gage. 49 L.R.A. (N.S.) 513. 
 
 MORTGAGE, VII. h, 2 (a) cont'd 
 Right of mortgagor, or those claiming un- 
 der him, to set up outstanding title ac- 
 quired after foreclosure as against pur- 
 chaser. L.R.A.1918B, 769. 
 Right of plaintiff in foreclosure suit in 
 which a decree of sale was rendered to 
 assert, as against a purchaser there- 
 under, a title or interest not litigated 
 in the suit. L.R.A.1917C, 888. 
 
 81. Mortgagee as purchaser. 
 
 Under void sale, see infra, 82. 
 
 Right of mortgagor, or those claiming un- 
 der him, to set up outstanding title ac- 
 quired after foreclosure, against mort- 
 gagee purchasing at foreclosure sale. 
 L.R.A.1918B, 769. 
 
 Right of mortgagee who purchases on fore- 
 closure to purchase at a tax sale for 
 taxes accruing prior to foreclosure. 
 L.R.A.1917D, 523. 
 
 (b) Under void sale. 
 
 82. Generally. 
 
 Right of one in possession under invalid 
 foreclosure sale to acquire a tax title. 
 38 L.R.A. (N.S.) 333. 
 
 Right of one in possession claiming under 
 
 void foreclosure sale. 
 (N.S.) 839. 
 
 40 L.R.A. 
 
 Begin 
 
 tJiis boo7c on every law question. 
 
 i. Surplus; proceeds of sale. 
 
 83. Generally. 
 
 Application of proceeds, see PAYMEXT, 21. 
 
 Does homestead exemption attach to the 
 surplus upon foreclosure of a lien para- 
 mount to the homestead right. 18 
 L.R.A. (N.S.) 491. 
 
 Is surplus realized upon foreclosure sale of 
 real estate after mortgagor's death to 
 be deemed real or personal property. 
 19 L.R.A. (N.S.) 723. 
 
 Right of junior mortgagee as to surplus 
 upon a foreclosure sale under a senior 
 mortgage, in a proceeding to which he 
 was not a party. 20 L.R.A.(N.S.) 47. 
 
 Effect of application of proceeds of sale 
 under deed of trust or mortgage upon 
 running of limitations against the in- 
 debtedness secured. 14 L.R.A. (N.S.) 
 479. 
 
 Right of mortgagor or owner of equity of 
 redemption to maintain action for mon- 
 ey had and received for surplus re- 
 ceived bv mortgagee on sale of property. 
 44 L.R.A. (N.S.) 1041. 
 
 Right of holders of concurrent mortgages or 
 debentures ranking pari passu to have 
 interest equalized before distributing 
 proceeds of security. 7 B. R. C. 91. 
 
 j. Deficiency. 
 
 84. Generally. 
 
 In proceedings to enforce mortgage for part 
 
 of debt. 37 L.R.A. 748. 
 Deficiency judgment against nonresident 
 
 served constructively. 50 L.R.A. 583.
 
 INDEX TO L.R.A. NOTES. 
 
 949 
 
 MORTGAGE, VII. j cont'd 
 
 Right of mortgagee who secures a deficiency 
 decree to redeem from the sale. 35 
 L.R.A.(X.S.) 413. 
 
 Effect of statutory provision abolishing de- 
 ficiency judgments for mortgage debts. 
 45 L.R.A. (N.S.) 247. 
 
 VIII. Redemption. 
 
 85. Generally. 
 
 Liability of purchaser of equity of redemp- 
 tion, see supra, 43. 
 
 Improvements on redemption, see IMPROVE- 
 MENTS. 15. 
 
 From tax sale, see TAXES, 82-85. 
 
 Compensation for right of redemption where 
 property is taken in condemnation pro- 
 . ceedings. L.R.A.1917F, 801. 
 
 Validity and character of agreements con- 
 temporaneous with mortgage, constitut- 
 ing clogs on equity of redemption. 6 
 B. R. C. 431. 
 
 In proceedings to enforce mortgage for part 
 of debt. 37 L.R.A. 752, 756. 
 
 Impairment of obligation of contract by 
 change of law as to. 31 L.R.A. 721. 
 
 Jurisdiction of suit to redeem land in an- 
 other state or country. 69 L.R.A. 685. 
 
 Right of one who advances money to redeem 
 from mortgage, to- be surrogated to 
 lien. 23 L.R.A. (N.S.) 190. 
 
 Right of owner of equity of redemption to 
 maintain action for money had and re- 
 ceived for surplus received by mortgagee 
 on sale of property. 44 L.R.A. (N.S. ) 
 3041. 
 
 Right of owner of equity of redemption to 
 contest validity of tax paid by mort- 
 gagee. L.R.A.1915D, 432. 
 
 Revival of discharged mortgage in favor of 
 assignee of equity of redemption who 
 pays it as against junior lien. 47 
 L.R.A. (N.S.) 1190. 
 
 Inchoate dower rights of wife of mortgage 
 in equity of redemption under purchase 
 money mortgage. 52 L.R.A. (N.S.) 547. 
 
 Usury in mortgage as affecting rights of 
 redemptioners under foreclosure. 
 L.R.A.1915D, 349. 
 
 86. Right of. 
 
 In proceedings to enforce mortgage for part 
 of debt. 37 L.R.A. 752. 
 
 Effect of reformation of mortgage after 
 foreclosure on right to redeem. 39 
 L.R.A. (N.S.) 94. 
 
 Right to redeem as affected by deed deliv- 
 ered in escrow as further security for 
 debt. 2 L.R.A.(N.S.) 628; L.R.A. 
 1915B, 492. 
 
 Parol evidence that grantor in written con- 
 veyance absolute in form but intended 
 as a mortgage has relinquished his 
 right of redemption to the grantee. 
 L.R.A.1916B, 581. 
 
 87. Who may redeem. 
 
 Right of junior encumbrancer to redeem. 
 
 9 L.R.A. 677.* 
 Consult also L.R.A. Digests of Cases. 
 
 MORTGAGE, VIII. cont'd 
 
 88. mortgagor's wife or widow. 
 
 Right of wife during husband's lifetime to 
 redeem from mortgage on his real prop- 
 erty. 3 L.R.A. (N.S.) 1068. 
 
 Widow's right to redeem from mortgage be- 
 cause of her dower interest. 4 L.R.A. 
 (N.S.) 1039. 
 
 89. mortgagee or purchaser. 
 
 May a purchaser or mortgagee from the 
 original owner, after a sale under a 
 prior mortgage and during the redemp- 
 tion period, be a redemptioner. 29 
 L.R.A. (N.S.) 508. 
 
 Right of mortgagee who secures a deficien- 
 cy degree to redeem from the sale 35 
 L.R.A. (N.S.) 413. 
 
 90. Time. 
 
 Extension of time for, when last day falls 
 on Sunday. 14 L.R.A. 122. 
 
 Power of court on equitable grounds to per- 
 mit redemption from mortgage fore- 
 closure sale after expiration of statu- 
 tory period of exemption. L.R.A. 1917E, 
 637. 
 
 MORTGAGEE IX POSSESSION. 
 
 See MORTGAGE, 31. 
 
 MORTMAIN ACT. 
 
 Law governing validity of legacy under. 2 
 L.R.A. (N.S.) 440. 
 
 MORTUARY TABLES. 
 
 See MORTALITY TABLES. 
 
 MOTHER. 
 
 Father's right to appoint guardian for child 
 as against mother, see GUARDIAN AND 
 WARD, 3. 
 
 See also PARENT AND CHILD. 
 
 Inheritance by illegitimate from. 23 L.R.A. 
 
 754. 
 Father as sole next of kin to unmarried 
 
 child to exclusion of mother. 1 B. R. C. 
 
 566. 
 Mother's right to appointment as guardian 
 
 of minor child. 33 L.R.A. (N.S.) 870. 
 Right to recover for injury to minor serv- 
 
 ant employed without mother's consent. 
 
 30 L.R.A.(N.S.) 314. 
 
 MOTHER-IN-IjAW. 
 
 Insurable interest in life of. 54 L.R.A. 
 232.
 
 950 
 
 INDEX TO L.R.A. NOTES. 
 
 MOTHER-IN-LAW cont'd 
 
 As member of family of insured. 3 L.R.A. 
 (N.S.) 336. 
 
 Implied agreement to pay for services ren- 
 dered to. 11 L.R.A.(N.S.) 886. 
 
 MOTION PICTURES. 
 
 See MOVING PICTURES. 
 
 MOTIONS AND ORDERS. 
 
 1. Generally. 
 
 Motion in arrest of judgment, see JUDG- 
 MENT, 19. 
 
 Motion in arrest in criminal prosecution, 
 see CRIMINAL LAW, 58. 
 
 First and last days in computing time on. 
 
 49 L.R.A. 222. 
 Injunction against judgment for error and 
 
 irregularity in rulings on. 30 L.R.A. 
 
 703. 
 Set-off on motion against judgment in 
 
 hands of assignee. 23 L.R.A. 339. 
 Pendency of motion as extending- time to 
 
 plead. 47 L.R.A. (N.S.) 853. 
 
 2. When proper remedy. 
 
 Questioning validity of attachment by 
 
 motion in court of law. 35 L.R.A. 771. 
 Remedy by motion to obtain discharge of 
 
 accused for delay of prosecution. 56 
 
 L.R.A. 544. 
 Correction of record on appeal by motion. 
 
 31 L.R.A. (N.S.) 211. 
 
 3. Orders. 
 
 What entry or record is necessary to com- 
 plete order. 28 L.R.A. 621. 
 
 Effect of omission of internal revenue stamp 
 from order. 48 L.R.A. 313. 
 
 Character and kinds of orders within rule 
 that orders cannot be collaterally 
 attacked for fraud. 36 L.R.A. (N.S.) 
 980. 
 
 Right to appeal from void order. 33 L.R.A. 
 (X.S.) 733. 
 
 Right to accept favorable part of order and 
 appeal from remainder. 29 L.R.A. 
 (N.S.)' 1. 
 
 Order of court requiring the doing or omis- 
 sion of an act as defense, to a criminal 
 prosecution. L.R.A.1916B, 767. 
 
 Liability of trustee for losses on invest- 
 ments made under order of court. 44 
 L.R.A.(N.S.) 940. 
 
 Effect of failure to obtain order of court on 
 liability of trustee for losses on invest- 
 ments. 44 L.R.A. (N.S.) 943. 
 
 4. disobedience of. 
 
 Disobedience of, as a contempt, see CON- 
 TEMPT, 8, 8a. 
 
 MOTIONS IN ARREST. 
 
 In criminal prosecution, see CRIMINAL. 
 
 LAW, 58. 
 In civil action, see JUDGMENT, 19. 
 
 MOTIVE. 
 
 1. Generally. 
 
 Presumption and burden of proof as to, 
 
 see EVIDENCE, 45. 
 Relevancy of evidence as to, see EVIDENCE, 
 
 258. 
 
 Purpose, see PURPOSE. 
 Question for jury as to, see TRIAL, 34. 
 See also MALICE. 
 
 For obscene or indecent publication. 24 
 L.R.A. 111. 
 
 Of teacher in punishing pupil. 65 L.R.A. 
 894; 1 B. R. C. 723. 
 
 Of prosecutor in obtaining advice of coun- 
 sel. 18 L.R.A. (N.S.) 62. 
 
 Necessity for bad or fraudulent motive to- 
 justify disbarment of an attornev. 1& 
 L.R.A. 401. 
 
 "Children" as word of limitation, when in- 
 dicative of motive. 12 L.R.A. (N.S.) 
 310. 
 
 Provision in conveyance or devise to reli- 
 gious or charitable organization direct- 
 ing particular purposes of grant as in- 
 dicating motive of same. 7 L.R.A. 
 ' (N.S.) 1122. 
 
 Basis of distinction between absolute and 
 qualified rights as affecting right to- 
 inquire into motive. 29 L.R.A. (X.S.) 
 869. 
 
 Good motive as affecting criminal charge 
 involving obscene, indecent or profane 
 language or literature. L.R.A.1916B, 
 1121. 
 
 Power of court to inquire into the motive* 
 of the governor in exercising the par- 
 doning power. 52 L.R.A. (N.S.) 113. 
 
 2. Effect of. 
 
 Effect of bad motive to make actionable 
 what would not otherwise be so, see 
 MALICE, 4. 
 
 Assault as affected by beneficent purpose.. 
 45 L.R.A. (N.S.) 455. 
 
 Beneficent purpose as excuse or justification 
 of combination to raise price of com- 
 modity. 51 L.R.A.(N.S.) 244. 
 
 As affecting personal liability of judicial 
 officer. 14 L.R.A. 145. 
 
 As affecting right to recover statutory pen- 
 alty from carrier. 12 L.R.A. (N.S.) 
 497. 
 
 As affecting justification in libel or slan- 
 der. 21 L.R.A. 503. 
 
 Stockholder's right to inspect corporate 
 books as affected by. 20 L.R.A. ( N.S. > 
 186. 
 
 Fact that servant's motive for continuing 
 Power to punish disobedience to orders in work was fear of dismissal as affecting 
 
 case by striking out pleadings. 4 L.R.A. right to recover for injurv. 47 L.R.A. 
 
 (N.S.) 1185; 27 L.R.A. (N.S.) 1062. 187. 
 
 Begin iett7i this boofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 951 
 
 MOTIVE cont'd 
 
 Effect of, on right to injunctive relief to 
 compel or prevent the erection, main- 
 tenance, or removal of boundary fence. 
 7 L.R.A. (N.S.) 58. 
 
 Effect of personal motive on master's lia- 
 bility for injury done by servant to 
 third person in use of dangerous agency 
 placed in his custody. 10 L.R.A. (N.S.) 
 401. 
 
 Liability of labor union or its members to 
 persons with whose employment it has 
 interfered as affected by motive. 1 
 B. R. C. 515. 
 
 Lawfulness of boycott by other than labor 
 union where motive is malicious. 33 
 L.R.A. (N.S.) 1038. 
 
 Right of court to decline jurisdiction of suit 
 because of plaintiff's motive or ulterior 
 purpose. 6 B. R. C. 338. 
 
 MOTIVE POWER. 
 
 Of railroad train, see RAILEOADS, 5. 
 Of street railway, see STREET RAILWAYS, 
 7. 
 
 MOTOR CYCLE. 
 
 As to automobiles, see AUTOMOBILES. 
 As to bicycles, see BICYCLES. 
 
 Regulations affecting motor cycles. 42 
 L.R.A.(N.S.) 1068. 
 
 Motor cycles as a motor vehicle within stat- 
 utes regulating the latter and other 
 similar vehicles. 21 L.R.A. (N.S.) 41. 
 
 Admissibility, in prosecution for driving at 
 dangerous speed, of evidence of traffic 
 reasonably to be expected upon high- 
 way. 2 B. R. C. 201. 
 
 Responsibility of owner of motor cycle for 
 its negligent operation by another. 
 L.R.A.1918C, 656. 
 
 MOTORMAN. 
 
 In general, see STREET RAILWAYS, IV. b. 
 As fellow servants. 52 L.R.A. (N.S.) 1094. 
 
 MOTOR VEHICLES. 
 
 See AUTOMOBILES; MOTOB CYCLE. 
 
 Private action for violation of statute regu- 
 lating use of. L.R.A.1915E, 540. 
 
 MOUNTAINS. 
 
 Organization of mountain lands into munic- 
 ipal corporation. L.R.A.1918B, 1091. 
 Consult also L.R.A. Digests of Cases. 
 
 MOURNING APPAREL. 
 
 Allowance against deceased's estate for. 33 
 L.R.A. 665; 28 L.R.A. (N.S.) 572. 
 
 MOUTH. 
 
 Commission of sodomy by penetration of. 
 27 L.R.A.(N.S.) 478; 45 L.R.A.(N.S.) 
 473. 
 
 MOVABLE PROPERTY. 
 
 Location of, as affecting insurance on. 26 
 L.R.A. 237. 
 
 MOVING BUILDINGS. 
 
 See BUILDINGS, 13. 
 
 MOVING PICTURE FILMS. 
 
 In general, see MOVING PICTURES. 
 
 Keeping of, on insured premises. L.R.A, 
 1917C, 278. 
 
 MOVING PICTURES. 
 
 License of moving picture shows, see 
 LICENSE, 34a. 
 
 Right to copyright motion picture film, and 
 liability for infringement of such copy- 
 right. 6 B. R. C. 734. 
 
 Use of school property for purpose of mov- 
 ing picture shows. 50 L.R.A. (N.S.) 
 1182. 
 Right to exhibit on Sunday. 30 L.R.A. 
 
 (N.S.) 465; L.R.A.1918B, 361. 
 As proper subject for exercise of police 
 
 power. L.R.A.1917E, 318. 
 Regulation affecting moving pictures. 40 
 
 L.R.A. (N.S.) 393. 
 License. 40 L.R.A. (N.S.) 193. 
 Place of exhibition. 40 L.R.A. (N.S.) 
 
 194; L.R.A.1916D, 99. 
 Character of pictures. 40 L.R.A.. 
 
 (N.S.) 194. 
 
 . Censorship of films. 40 L.R.A. (N.S.) 
 194; L.R.A.1916C, 227; L.R.A. 
 1918A, 231. 
 Revocation of license. 40 L.R.A. (N.S.) 
 
 194. 
 
 Covenants with respect to "theater," 
 "drama," etc., as including motion pic- 
 tures. L.R.A.1918F, 393. 
 
 MOVING TRAIN. 
 
 Negligence in getting on or off, see CAB- 
 BIERS, 81, 82.
 
 952 
 
 INDEX TO L.R.A. NOTES. 
 
 MOVING VAN. 
 
 Liability of master for injury to person rid- 
 ing with servant by latter's invitation 
 or permission. L.R.A.1917F, 425. 
 
 MUD. 
 
 As defect in dock or wharf. 61 L.R.A. 948. 
 
 MULATTO. 
 
 Who is, within statute not specifically de- 
 fining the same. 31 L.R.A. (N.S.) 180; 
 L.R.A.1915A, 828. 
 
 Stating that a white person is a mulatto as 
 actionable. 36 L.R.A. (N.S.) 974. 
 
 MULE. 
 
 Servant's assumption of risk or contribu- 
 tory negligence in using unsafe mule. 
 18 L.R.A.(N.S.) 695. 
 
 MULTIFARIOUSNESS. 
 
 See ACTION OB SUIT, VI. 
 
 4 > 
 
 MULTIPLE RESIDENCE STRUC- 
 TURES. 
 
 As violation of restrictive covenants. 45 
 L.R.A. (N.S.) 726; L.R.A.1918C, 873. 
 
 *--* 
 
 MULTIPLICITY OF ACTIONS. 
 
 As ground for equitable jurisdiction, see 
 EQUITY, 4; INJUNCTION, 4. 
 
 For causing death. 34 L.R.A. 796. 
 
 MUNICIPAL BONDS. 
 
 See BONDS, III. 
 
 MUNICIPAL CORPORATIONS. 
 
 I. In general, l-2a. 
 II. Legislative control over, 3-5. 
 
 III. Organisation; charter; form of 
 
 government; initiative and ref- 
 erendum, 6-9. 
 
 IV. Territory; boundaries; annexation; 
 
 division, 1O-13. 
 
 MUNICIPAL CORPORATIONS cont'd 
 V. Powers, duties, and liabilities, #$ 
 14-111. 
 
 a. Powers generally, 14-17. 
 
 b. Delegation of power, IS. 
 
 c. Legislative functions; ordi- 
 
 nances; by-laivs, 
 19-52. 
 
 1. In general, 19. 
 
 2. Cotmcil meetings; en- 
 
 actment and repeal of 
 ordinances, 2O-22. 
 
 3. Construction and effect 
 
 of ordinances general- 
 ly, 23. 
 
 4. Validity of ordinances f 
 
 extent of power, 
 24-50. 
 
 (a) In general, 24- 
 26. 
 
 (It) As to streets, tra- 
 ters, drains, and 
 sewers, 21-29. 
 
 (c) As to public serv- 
 
 ice, 3O-32. 
 
 (d) As to liealth and 
 
 safety, 33. 
 
 (e) As to nuisances, 
 
 34-41. 
 
 (f) Regulation of 
 
 business, 42- 
 50. 
 
 5. Violation and enforce- 
 
 ment of ordinance, 
 51. 
 
 6. By -laws, 52. 
 
 d. Contracts generally, 53- 
 
 6O. 
 
 1. In general, 53-57. 
 
 2. Implied contracts, 
 
 5S-6O. 
 
 e. Borrowing; indebtedness; 
 
 expenditures, 61- 
 67. 
 
 1. In general, 61-64. 
 
 2. Limitation of indebted- 
 
 ness, 65-67. 
 
 f. Property rights; municipal 
 
 plants, 68-71. 
 
 g. Liability for damages, 
 
 72-101. 
 
 1. In general, 7 2 -SO. 
 
 2. For acts of officers or 
 
 agents, S1-S4. 
 
 3. For acts of licensees or 
 
 independent contract- 
 ors, S5. 
 
 4. As to drains, sewers, and 
 
 ivaters generally, 
 86-94. 
 
 5. As to streets, bridges, 
 
 and parks, 95-97. 
 
 6. As to buildings; prison, 
 
 98, 99. 
 
 7. Failure to enforce ordi- 
 
 nance, 1OO. 
 S. Enforcement of void 
 
 ordinance, 1O1. 
 gg. Criminal liability, lOla. 
 
 Begin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 953 
 
 MUNICIPAL CORPORATIONS, V. cont'd 
 h. Claims against or in favor 
 of, 102-108. 
 
 1. Claims against, 1O2- 
 
 1O7. 
 
 2. Claims in favor .of, 
 
 1OS. 
 
 i. Taxation, 1O9-111. 
 VI. Officers and employees, 112- 
 122. 
 
 I. In general. 
 
 1. Generally. 
 
 As to chamber of commerce, see CHAMBER OF 
 COMMERCE. 
 
 Conditions to consent by, see CONDITIONS, 
 8 4. 
 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, 124, 125. 
 
 Estoppel of, see ESTOPPEL, I. 
 
 Running of limitations against, see LIMI- 
 TATION OF ACTIONS, 17. 
 
 Necessary parties in action against, see 
 PARTIES, 32. 
 
 Local improvement by, see PUBLIC IMPROVE- 
 MENTS. 
 
 Public funds of, see PUBLIC MONEY. 
 
 What constitutes a village. 35 L.R.A. 396. 
 
 What objects or purposes may be combined 
 in a single question submitted to voters 
 of a municipality. 26 L.R.A. (N.S.) 
 665. 
 
 Right of subcontractor, materialman, or 
 laborer to maintain action on contrac- 
 tor's bond running to. 27 L.R.A. (N.S.) 
 581. 
 
 Duty of carrier to accept freight originat- 
 ing and terminating within city limits. 
 33 L.R.A.(N.S.) 443. 
 
 Violation by private citizen of decree 
 against a municipality as contempt. 
 25 L.R.A. (N.S.) 226. 
 
 Use of public funds to pay expenses in- 
 curred bv citizen for benefit of munici- 
 pality. L.R.A.1916D, 94. 
 
 Giving of free service or reduced rates by 
 public service corporation to municipal- 
 ity as an unlawful discrimination. 
 L.R.A.1918D, 907. 
 
 2. Right of taxpayer to inspect book 
 of municipality. 
 
 Generally. 64 L.R.A. 418. 
 
 What is a sufficient interest. 64 L.R.A. 418. 
 
 Necessity of a sufficient purpose. 64 L.R.A. 
 
 "419. 
 
 The right under statutes. 64 L.R.A. 424. 
 Effect of statutory authority to inspect, 
 
 vested in designated board. 64 L.R.A. 
 
 425. 
 Regulations as to manner of inspection. 64 
 
 L.R.A. 426. 
 
 2a. Actions by, or against. 
 
 Injunction against, see INJUNCTION, II. 1. 
 Injunction by municipality against nui- 
 sance, see INJUNCTION, 29. 
 
 Taxpayer as real party in interest by 
 whom rction must be brought. 64 
 L.R.A. 619. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MUNICIPAL CORPORATIONS, I. cont'd 
 
 Private action against municipality, for 
 violation of statute not expressly con- 
 ferring right of action. 9 L.R.A. (N.S.) 
 383. 
 
 State as proper party to maintain a bill to 
 abate or enjoin a public nuisance in a 
 city street. 19 L.R.A. (N.S.) 1173. 
 
 Venue of action against municipal corpora- 
 tion. 25 L.R.A. (N.S.) 711; L.R.A. 
 1915F, 1029. 
 
 Applicability of statute of limitations to 
 actions by. L.R.A.1916E, 97. 
 
 Liability of municipal corporation to suit 
 outside of state in which it is situated. 
 L.R.A.1915F, 1025. 
 
 II. Legislative control over. 
 
 3. Generally. 
 
 Authority of legislature to remove from 
 trusteeship. 13 L.R.A. 217;* 16 L.R.A. 
 695. 
 
 Power to annex territory to municipality. 
 27 L.R.A. 737. 
 
 Power of legislature to require municipal- 
 ity to pension employees. 34 L.R.A. 
 (N.S.) 608. 
 
 Power of legislature to compel payment 
 by municipal corporations of nonlegal 
 demands. L.R.A.1915D, 927. 
 
 Statute requiring municipality to pay claim 
 against it as an invasion of powers of 
 judiciary. L.R.A.1917E, 827. 
 
 Validity of limitation of hours of labor on 
 public work. 8 L.R.A. (N.S.) 131; 24 
 L.R.A.(N.S.) 201; 34 L.R.A. (N.S.) 
 767. 
 
 Power of legislature to authorize munici- 
 pality to build, purchase, or operate 
 railroad or street railway as affected 
 by restrictions on power to aid private 
 enterprises. 28 L.R.A. (N.S.) 412. 
 
 Power of legislature to compel municipality 
 to establish water or lighting plant, or 
 to purchase existing plant. 44 L.R.A. 
 (N.S.) 1189. 
 
 4. Classification of cities. 
 
 See STATUTES. 
 
 5. Local self-government. 
 
 See CONSTITUTIONAL LAW, 20a. 
 
 III. Organization; charter; form of 
 government; initiative and referen- 
 dum. 
 
 6. Organization. 
 
 Creation or incorporation of town, see 
 TOWNS, 2. 
 
 Character of territory which may be organ- 
 ized into municipal corporation. L.R.A. 
 1918B, 1086. 
 
 Physical characteristics necessary to mu- 
 nicipal organization. 25 L.R.A. 755. 
 
 Who may maintain quo warranto to test 
 validity of organization of municipal 
 corporation or political subdivision of 
 state. 21 L.R.A.(N.S.) 685.
 
 954 
 
 INDEX TO L.R.A. NOTES. 
 
 MUNICIPAL CORPORATIONS, III. cont'd 
 
 7. Charter. 
 
 Power of legislature to delegate to a mu- 
 nicipality authority to form or amend 
 its charter. 43 L.R.A. (N.S.) 339. 
 
 Combining in single question to voters of 
 municipality question of charter amend- 
 ments. 26 L.R.A.(N.S.) 673. 
 
 Estoppel of state because of laches to at- 
 tack municipal charter. 13 L.R.A. 
 (N.S.) 533. 
 
 8. Commission form of government. 
 
 Constitutionality of. 35 L.R.A. (N.S.) 802; 
 41 L.R.A.(N.S.) Ill; 51 L.R.A.(N.S.) 
 632; L.R.A.1917A, 1260. 
 
 9. Initiative and referendum. 
 
 Initiative and referendum. 11 L.R.A. (N.S.) 
 1092; 33 L.R.A.(N.S.) 969; 50 L.R.A. 
 (N.S.) 196; L.R.A.1917B, 15. 
 
 IV. Territory; boundaries; annexation; 
 division. 
 
 10. Boundaries. 
 
 Boundary of, on navigable waters. 23 
 L.R.A. 520; 47 L.R.A.(N.S.) 1161. 
 
 Boundary of, on tidal waters. 45 L.R.A. 
 243. 
 
 Rule for determining' the indebtedness with- 
 in the meaning of debt limit provisions, 
 where boundaries of different political 
 units are wholly or partly coincident. 
 
 37 L.R.A.(N.S.) 
 468. 
 
 1108; L.R.A.1917E, 
 
 11. Annexation; extension. 
 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, 124. 
 
 Annexation or division of territory of town, 
 see Towx, 3. 
 
 Power of municipality to use public funds 
 to promote or defeat legislation as to. 
 L.R.A.1917B, 358. 
 
 Power of legislature to annex territory to 
 municipalities. 27 L.R.A. 737. 
 
 Incorporation of territory into municipality 
 as affecting existing contract of pub- 
 lic service corporation to supply a com- 
 modity of service in that territory. 
 L.R.A.1916A, 1071. 
 
 Incorporation of territory into municipality 
 as affecting prior rights as to use 
 of highway. 47 L.R.A. (N.S.) 607. 
 
 Extension of city limits to include toll road 
 as taking of property for which com- 
 pensation must be made. 17 L.R.A. 
 (N.S.) 1071. 
 
 Liability of annexed territory to pay pro- 
 portionate share of existing debts. 27 
 L.R.A.(N.S.) 1147. 
 
 "Municipal liability for defects or obstruc- 
 tions in streets in annexed territory. 
 20 L.R.A. (N.S.) 575. 
 
 Municipal taxation of rural land within 
 corporate limits. 34 L.R.A. 193. 
 
 Begin icith this book on every law question. 
 
 MUNICIPAL CORPORATIONS, IV. cont'd 
 12. discrimination in. 
 
 Discrimination between residents or proper- 
 ty owners in territory annexed, as to 
 right to defend against annexation of 
 territory to municipality. 17 L.R.A. 
 (N.S.) 421. 
 
 Who may raise objection that statute an- 
 nexing land to cities contains unconsti- 
 tutional discrimination. 32 L.R.A. 
 (N.S.) 957. 
 
 13. Division. 
 
 Division of territory of town, see TOWNS. 
 3. 
 
 Power of municipality to use public funds 
 to promote or defeat legislation as to. 
 L.R.A.1917B, 358. 
 
 Division of territory of municipality, town. 
 or county as affecting its assets 
 and liabilities, in absence of stat- 
 ute on the point. 39 L.R.A. (N.S.) 
 285. 
 
 V. Powers, duties, and liabilities. 
 
 a. Pou-ers generally. 
 
 14. Generally. 
 
 Power to exempt property from taxation, 
 see infra, 110. 
 
 Power to regulate carriers, see Carriers, V. 
 
 Power of eminent domain, see EMINENT 
 DOMAIN. 
 
 Power to compel change of grade of rail- 
 way in street, see HIGHWAYS, 31. 
 
 Injunction by municipality, see INJUNC- 
 TION, 29. 
 
 Power to make lease, see LANDLORD AND 
 TENANT, 11. 
 
 For what purpose public money may be 
 used by, see PUBLIC MONEY, 4. 
 
 Of town, see TOWNS, 4, 5. 
 
 Federal courts following state decisions, as 
 
 to powers. 40 L.R.A. (N.S.) 442. 
 Estoppel as to assertion of governmental 
 
 power. 16 L.R.A. 178. 
 Right to fish. 60 L.R.A. 514. 
 Right to build and regulate wharf. 40 
 
 L.R.A. 645. 
 Rights of, as to wharfage charges. 70 
 
 L.R.A. 205. 
 Right of municipality to collect tolls for 
 
 use of bridge or highway. 42 L.R.A. 
 
 (N.S.) 836. 
 
 Power to employ attorney. L.R.A.1917D, 
 240. 
 
 On contingent fee. L.R.A.1917D, 263. 
 
 Right, when entitled to services of of- 
 ficial attorney, to employ other at- 
 tornev in civil matters. L.R.A. 
 1917D, 251. 
 Power to employ private detectives. 32 
 
 L.R.A.(N.S.)' 391. 
 
 Power to remove officer in absence of statu- 
 tory authority. 9 L.R.A. (N.S.) 572: 
 
 39 'L.R.A. (N.s.) 519. 
 
 Right of, to recover back money paid out 
 in violation of the Constitution. 13 
 L.R.A. (N.S.) 157.
 
 INDEX TO L.R.A. NOTES. 
 
 955 
 
 MUNICIPAL CORPORATIONS, V. a 
 cont'd 
 
 Power to control private charity. L.R.A. 
 1916D, 912. 
 
 Power of municipality to make binding 
 contract as to rates of public service 
 corporation. L.R.A.1915C, 264. 
 
 Power of municipality to assume part or 
 all of burden of adapting street or 
 bridges for use of railroads or street 
 railways. 50 L.R.A. (N.S.) 143. 
 
 Police power of municipal corporation over 
 school building within its limits. 47 
 L.R.A. (N.S.) 892. 
 
 15. Power to administer trust. 
 
 As trustee for charitable bequest. 14 
 L.R.A. 69; 14 L.R.A. (N.S.) 112. 
 
 Validity of bequest to. 37 L.R.A. (N.S.) 
 1009. 
 
 16. Power to engage in private en- 
 terprise. 
 
 .Right of municipal corporation to engage in 
 enterprise generally regarded as of a 
 private character. 31 L.R.A. (N.S.) 
 117; 51 L.R.A. (N.S.) 1143. 
 
 17. Power to discriminate. 
 
 Monopoly or discrimination in contract, see 
 infra, 54. 
 
 Discrimination by municipality between its 
 own residents and other residents of 
 the same state. 16 L.R.A. 49. 
 
 Power of municipality to establish ex- 
 clusive hack stands. 33 L.R.A. (N.S.) 
 471. 
 
 Effect of discrimination by municipality in 
 designating standing places for cabs 
 and other similar vehicles. L.R.A. 
 1915F, 726. 
 
 Power of municipality operating a public 
 utility to make a special rate to a par- 
 ticular company or person. L.R.A. 
 1916D, 996. 
 
 &. Delegation of power. 
 
 18. Generally. 
 
 To municipality, see CONSTITUTIONAL LAW, 
 
 15. 
 
 Delegation of municipal power as to license, 
 franchise, and buildings. 20 
 L.R.A. 721. 
 
 Delegation by city council of power as to 
 drainage. 61 L.R.A. 653. 
 
 Delegation by city council of power to de- 
 termine width, grade, material, etc., 
 of street, sidewalk, or sewer improve- 
 ments. '20 L.R.A. 653. 
 
 Right to delegate power to impose license 
 fee for use of streets by vehicles. 36 
 L.R.A. 416. 
 
 c. Legislative functions; ordinances; 
 ~by-laws. 
 
 1. In general. 
 
 19. Generally. 
 
 Delegation of power bv council, see supra, 
 
 18. 
 Consult also L.R.A. Digests of Cases. 
 
 MUNICIPAL CORPORATIONS, V. c, 1 
 cont'd 
 
 Jurisdiction with respect to ordinances, see 
 COURTS, 6. 
 
 Judicial notice of ordinances, see EVIDENCE, 
 4. 
 
 Injunction as to ordinances, see INJUNC- 
 TION, 62. 
 
 License by, see LICENSE, II. 
 
 Duties imposed on railroad company by 
 ordinance, see RAILROADS, 50. 
 
 Violation of ordinance by street railway 
 company, see STREET RAILWAYS, 11. 
 
 Violation of municipal ordinance as a pub- 
 lic offense or crime. 48 L.R.A. (N.S.) 
 156. 
 
 Denial on information and belief of acts of 
 city council. 30 L.R.A. (N.S.) 781. 
 
 2. Council meeting; enactment and re- 
 peal of ordinances. 
 
 20. Generally. 
 
 Right of public to attend municipal council 
 meetings. 1 B. R. C. 296. 
 
 Vote of common council or similar body as 
 affected by personal interest of mem- 
 bers. 18 L.R.A. 367. 
 
 Presumption as to time of alteration in city 
 council minute book. 39 L.R.A. (N.S.) 
 114. 
 
 21. Enactment. 
 
 As to initiative and referendum, see supra, 
 9. 
 
 Injunction to prevent passage of municipal 
 ordinance. 13 L.R.A. 844; 2 L.R.A. 
 (N.S.) 152. 
 
 22. Repeal. 
 
 Effect of repeal without savings clause of 
 penal statute or ordinance upon prior 
 conviction under it. 23 L.R.A. (N.S.) 
 243. 
 
 Power to repeal ordinance suspended by 
 referendum and again legislate on sub- 
 ject-matter. L.R.A.1917B, 26. 
 
 3. Effect of ordinance generally. 
 
 23. Generally. 
 
 Effect of ordinance on negligence in manu- 
 facture and storage of explosives. 29 
 L.R.A. 721. 
 
 Effect of ordinance on municipal liability 
 for ice on streets or sidewalks. 21 
 L.R.A. 264. 
 
 Effect on character of estate in burial lot 
 of ordinance closing cemetery. 67 
 L.R.A. 125. 
 
 Effect on constructive or total loss of in- 
 sured building of local ordinances or 
 regulations preventing repair. 56 
 L.R.A. 791. 
 
 Rights under ordinance requiring award of 
 contract to lowest bidder. 26 L.R.A. 
 707. 
 
 Hand car as a car within ordinance. L.R.A. 
 1915A, 817. 
 
 Who is a peddler or hawker within munic- 
 ipal regulations. L.R.A.1916B, 1293.
 
 <56 
 
 INDEX TO L.R.A. NOTES. 
 
 MUNICIPAL CORPORATIONS, V. c, 3 
 cont'd 
 
 Is ordinance requiring covering of sidewalk 
 where building is in process of construc- 
 tion for benefit of servants. 45 L.R.A. 
 (N.S.) 550. 
 
 Effect of ordinance on question of right of 
 way as between street car and vehicle 
 at point where streets bisect or inter- 
 sect. 49 L.R.A. (N.S.) 512. 
 
 Meaning of term "waterproof" employed in 
 ordinance. L.R.A.1918B, 826. 
 
 4. Validity of ordinances; extent of 
 power. 
 
 (a) In general 
 
 24. Generally. 
 
 Regulation of automobiles, see AUTO- 
 MOBILES, 1. 
 
 Power to regulate buildings, see BUILDINGS, 
 1 6. 
 
 Regulations as to fire limits, see BUILDINGS, 
 4. 
 
 Regulations for fire protection, see BUILD- 
 INGS, 4. 
 
 Regulations as to fire escapes, see BUILD- 
 INGS, 5. 
 
 Power as to intoxicating liquors, see IN- 
 TOXICATING LIQUORS, II. 
 
 Ordinance as to speed of train, see RAIL- 
 ROADS, 72. 
 
 Right in a collateral proceeding to raise the 
 question of the validity of an ordinance 
 upon which a proceeding in a criminal 
 case is based. L.R.A.1918D, 1007. 
 
 Reasonableness of ordinance as a question 
 for court or jury. L.R.A.1915F, 1196.' 
 
 Municipal liability for false imprisonment 
 and unlawful arrest under invalid 
 ordinance. 47 L.R.A. 593. 
 
 Validity of ordinance vesting in officers 
 discretion as to the subject-matter. 1 
 L.R.A. (N.S.) 940. 
 
 Validity of ordinance for prevention of 
 cruelty to animals. L.R.A.1916A, 951. 
 
 Power of municipality to regulate dancing 
 in public places. L.R.A.1917A, 1174. 
 
 Ordinance making it an offense to associate 
 with disreputable persons. L.R.A. 
 1917F, 904. 
 
 Validity of regulations for fire protection 
 other than building regulations. 41 
 L.R.A. (N.S.) 456. 
 
 Power of municipal corporation to prohibit 
 factories. 41 L.R.A. (N.S.) 177. 
 
 Implied power of municipal corporation to 
 create the office of deputy or assistant 
 to an incumbent of an office Avhich is 
 expressly authorized. 26 L.R.A. (N.S.) 
 660. 
 
 Validity of ordinance making property or 
 property owner liable for light fur- 
 nished tenant. L.R.A.1918D, 364. 
 
 Power to make use of property for particu- 
 lar purpose or in a particular manner, 
 conditional upon consent of neighbors. 
 8 L.R.A. (N.S.) 978. 
 
 Power of municipality to make right to 
 transact certain business dependent on 
 consent of municipal authorities. 9 
 L.R.A. (N.S.) 659. 
 
 MUNICIPAL CORPORATIONS, V. c, 4 (a) 
 cont'd 
 
 Exercise of police power for esthetic pur- 
 poses. 34 L.R.A. (N.S.) 998; L.R.A. 
 1917A, 1220. 
 
 Municipal power as to regulation of signs 
 and billboards. 21 L.R.A. (N.S.) 735. 
 
 Validity of segregation statute or ordinance 
 prohibiting persons of different race or 
 color from living in same locality. 47 
 L.R.A. (N.S.) 1087; L.R.A.1915D, 684; 
 L.R.A.1918C, 220. 
 
 25. Ordinances as to matters cov- 
 ered by state laws. 
 
 Power to legislate on subjects covered by 
 
 state laws. 1 L.R.A. (N.S.) 382. 
 Power of municipality to punish what is 
 
 also an offense under state law. 17 
 
 L.R.A. (N.S.) 49. 
 Validity of municipal ordinance declaring 
 
 that all or certain classes of offenses 
 
 denounced by 'the law of the state 
 
 shall be offenses under the ordinance. 
 
 26 L.R.A. (N.S.) 493. 
 Validity of license tax on automobiles as 
 
 affected bv state regulation. 52 L.R.A. 
 
 (N.S.) 958. 
 Conflict between state and local regulations 
 
 as to speed of automobiles. L.R.A. 
 
 1918D, 137. 
 
 26. Especial powers in time of epi- 
 demics. 
 
 In general. 26 L.R.A. 727. 
 
 Pesthouses. 26 L.R.A. 727. 
 
 Vaccination. 26 L.R.A. 728. 
 
 Physicians. 26 L.R.A. 728. 
 
 Nursing, attendance, and support. 26 
 
 L.R.A. 729. 
 
 Effect of settlement 
 
 L.R.A. 729. 
 
 of sick person. 26 
 
 (It) As to streets, waters, drains, and 
 sewers. 
 
 27. As to streets. 
 
 As to drains in, see infra, 29. 
 
 Power over nuisances affecting, see infra, 
 36. 
 
 Liability with reference to streets, see 
 infra, 95. 
 
 Regulation and license of automobiles in, 
 see AUTOMOBILES, la. 
 
 Power as to hacks and hack stands, see 
 HACKS, 2. 
 
 Powers as to streets generally, see HIGH- 
 WAYS. IV. 
 
 Powers as to railroads in street, see HIGH- 
 WAYS, IV. e. 
 
 Regulation of use of jitney buses on high- 
 ways, see JITNEY BUSSES. 
 
 Powers as to street railway, see STREET 
 RAILWAYS, 5, 6. 
 
 As to nuisances in streets generally, see 
 HIGHWAYS, 40, 41. 
 
 License on vehicles generally, see LICENSE, 
 43. 
 
 License for use of streets generally, see 
 LICENSE, 44. 
 
 Power of city councils to vacate street. 26 
 L.R.A. 823. 
 
 Begin with this ftoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 937 
 
 MUNICIPAL CORPORATIONS, V. c, 4 (b) 
 cont'd 
 
 As affecting those engaged in handling 
 United States mails. L.R.A.1918C, 940. 
 
 Power of municipality over interurban ve- 
 hicles used for hire. L.R.A.1918B, 891. 
 
 Validity of statute or ordinance giving su- 
 perior rights in public streets to cer- 
 tain vehicles. 43 L.R.A.(N.S.) 600. 
 
 Ordinance for direction of street traffic by 
 police officers. L.R.A.1918F, 1133. 
 
 Regulations affecting motor cycles in streets. 
 42 L.R.A.(N.S.) 1068. 
 
 Power to limit municipal control or au- 
 thority over street or over public 
 ground as an incident of its acquisition 
 of title or right therein. 9 L.R.A. 
 (N.S.) 1045. 
 
 Delegation by city council of power to de- 
 termine width, grade, material,, etc., of 
 street or sidewalk. 20 L.R.A. 653. 
 
 Power of municipality to prevent gathering 
 or assembling of persons in street or on 
 sidewalk. 52 L.R.A. (N.S.) 909. 
 
 Validity of ordinance against picketing. 
 L.R.A.1918C, 282. 
 
 Power of municipality to compel removal of 
 spur track, turnout, or switch from 
 street or highway. L.R.A.1918B, 481. 
 
 28. As to waters. 
 
 Power over nuisances affecting, see infra, 
 
 36. 
 Ownership of waterworks plant, see infra, 
 
 70. 
 Liability as to, see infra, 90-94. 
 
 Rights of municipal corporations with re- 
 spect to surface water. 65 L.R.A. 250. 
 
 Power to author ixe obstruction of navigable 
 waters. 59 L.R.A. 77. 
 
 Power and duty of, as to improving naviga- 
 bility of stream. 67 L.R.A. 849. 
 
 Validity of ordinance making property or 
 property owner liable for water fur- 
 nished tenant. L.R.A.1918D, 364. 
 
 29. As to drains and sewers. 
 
 Liability as to, see infra, 86-89. 
 
 Delegation of power as to drainage. 61 
 L.R.A. 653. 
 
 Delegation by city council of power as to 
 sewer improvements. 20 L.R.A. 653. 
 
 Power of municipality to authorize use of 
 highway for private drain. 16 L.R'.A. 
 715. 
 
 Power to compel connection of property 
 with public sewer. L.R.A.1918C, 258. 
 
 Effect of limitation of municipal indebted- 
 ness upon acquisition of sewer system. 
 59 L.R.A. 604. 
 
 Control of nuisances affecting drains and 
 drainage. 38 L.R.A. 319; 20 L.R.A. 
 (N.S.) 1050. 
 
 Institution of drainage proceedings by ordi- 
 nance. 60 L.R.A. 168. 
 
 (c) As to public service. 
 
 % 30. Generally. 
 
 Powers as to railroads, see HIGHWAYS, 
 
 IV. e. 
 Consult also L.R.A. Digests of Cases. 
 
 MUNICIPAL CORPORATIONS, V. c, 4 (c) 
 cont'd 
 
 As to regulation of jitney busses, see JIT- 
 NEY BUSSES. 
 
 Powers as to street railways, see STREET 
 RAILWAYS, 5, 6. 
 
 Power to regulate companies supplying city 
 with water, see WATERS, 110. 
 
 Power of municipality over interurban ve- 
 hicles used for hire. L.R.A.1918B, 891. 
 
 Power of officers to make contracts as to, 
 binding on their successors or for a 
 term of years. 16 L.R.A. 258. 
 
 Jurisdiction of Public Utilities Commission 
 over rates as limited by constitutional 
 or statutory power of municipality to 
 regulate utilities. L.R.A.1918D, 315. 
 
 Power apart from contract, to regulate the 
 rates to be charged by public service 
 corporations. 33 L.R.A. (N.S.) 759; 43 
 L.R.A.(N.S.) 994. 
 
 Power of municipality to make binding con- 
 tract as to rates of public service cor- 
 porations. L.R.A.1915C, 264. 
 
 Power to require public service corporation 
 to carry municipal wires on its poles. 
 32 L.R.A. (N.S.) 997. 
 
 31. Ferries. 
 
 License of, see LICENSE, 27. 
 
 Power of municipality to establish and reg- 
 ulate or operate ferry. 59 L.R.A. 521 ; 
 L.R.A.1916D, 832. 
 
 Power of municipality as to international 
 or interstate ferries. 52 L.R.A. (N.S.) 
 574. 
 
 32. As to light and heat; gas. 
 
 Ownership of lighting plant, see infra, 69. 
 
 Period for which contract as to gas mav 
 be made. 16 L.R.A. 258. 
 
 Power of municipality to fix gas rates as 
 incident of its power to authorize lay- 
 ing of gas mains. 18 L.R.A. (N.S. ) 
 1197. 
 
 Right of municipality, in absence of con- 
 tracts, to restrain a natural gas com- 
 pany from discontinuing the business 
 of supplying gas. 26 L.R.A. (N.S.) 92. 
 
 Delegation of power to gas and lighting 
 companies. 20 L.R.A. 726. 
 
 Right of taxpayer in absence of statute to 
 enjoin unlawful expenditures by mu- 
 nicipality for lighting and heating. 36 
 L.R.A. (N.S.) 20. 
 
 Ordinance making property or property 
 owner liable for light furnished ten- 
 ant. L.R.A.1918D, 364. 
 
 (d) As to health and safety. 
 
 33. Generally. 
 
 As to nuisances affecting, see infra, 39, 
 
 41. 
 As to health, generally, see HEALTH. 
 
 Validity of ordinances for protection or 
 comfort of street car operatives. 42 
 L.R.A.(N.S.) 1060. 
 
 Validity of regulations concerning elevators 
 and hoistways. 42 L.R.A. (N.S.) 899. '
 
 958 
 
 INDEX TO L.R.A. NOTES. 
 
 MUNICIPAL CORPORATIONS, V. c, 4, (d) 
 cont'd 
 
 Power of municipal corporation to grant 
 exclusive right or create monopoly for 
 removal of substances inimical to 
 health. 21 L.R.A. (N.S.) 830; L.R.A. 
 1915D, 209. 
 
 Validity of ordinance for destruction of 
 food products below prescribed stand- 
 ard or unfit for use. 29 L.R.A. (N.S.) 
 260. 
 
 Sanitary regulations as to stables. 45 
 L.R.A.(N.S.) 575. 
 
 Power to prohibit or restrict use of tobacco. 
 51 L.R.A. (X.S.) 562. 
 
 Validity of ordinances for extermination 
 of vermin. L.R.A.1916A, 1239. 
 
 Power of municipality to determine loca- 
 tion of places of amusement. L.R.A. 
 1916D, 99. 
 
 (e) As to nuisances. 
 
 34. Generally. 
 
 Municipal liability as to, see infra, 77. 
 Regulation of animals, see ANIMALS, 22. 
 Injunction by municipality against nui- 
 sance, see INJUNCTION, " 29. 
 As to nuisances generally, see NUISANCES. 
 
 Municipal control over smoke as a public 
 nuisance. 39 L.R.A. 551; 18 L.R.A. 
 (N.S.) 156; 32 L.R.A. (N.S.) 554. 
 
 Sanitary regulations as to stables. 45 
 L.R.A.(N.S.) 575. 
 
 35. Power to define, prevent, and 
 abate. 
 
 Right of, to sue to enjoin or abate public 
 
 nuisance. 51 L.R.A. 657; L.R.A.1916D, 
 
 1020. 
 Power of municipality as well as state to 
 
 punish for. 17 L.R.A. (N.S.) 53. 
 Derivation of power over nuisances. 36 
 
 L.R.A. 593. 
 
 Nature of the power. 36 L.R.A. 594. 
 Questions of fact. 36 L.R.A. 594. 
 The question of judicial determination. 36 
 
 L.R.A. 595. 
 
 Power to define. 36 L.R.A. 596. 
 Power to declare particular kinds of amuse- 
 ment nuisances per se. 31 L.R.A. 
 
 (N.S.) 548. 
 Extent of power to prevent or abate. 36 
 
 L.R.A. 599. 
 Limit of power to prevent or abate. 36 
 
 L.R.A. 606. 
 The question ofc discrimination. 36 L.R.A. 
 
 608. 
 
 The methods of abatement. 36 L.R.A. 609. 
 Effect of authority or license. 36 L.R.A. 
 
 609. 
 No infringement of constitutional rights. 
 
 36 L.R.A. 610. 
 Notice. 36 L.R.A. 613. 
 
 36. Affecting highways and waters. 
 
 As to nuisances in streets generally, see 
 
 HIGHWAYS, 40, 41. 
 In general. 39 L.R.A. 650. 
 Removal of garbage, etc. 39 L.R.A. 653. 
 
 Begin with this ftooTc on every law question. 
 
 MUNICIPAL CORPORATIONS, V. c, 4, (e) 
 cont'd 
 
 Obstructions of and encroachments on 
 
 streets. 39 L.R.A. 653. 
 Injunction against. 42 L.R.A. 814. 
 
 Nuisances relating to the use of streets. 
 39 L.R.A. 672. 
 
 Waters, water courses, etc. 38 L.R.A. 324; 
 39 L.R.A. 681. 
 
 Municipal power over electrical companies. 
 39 L.R.A. 609. 
 
 Injunction by municipality against nui- 
 sances in water and water courses. 40 
 L.R.A. 465, 470. 
 
 Right of municipality to create nuisance by 
 pollution at a point where its sewers 
 discharge. 20 L.R.A. (N.S.) 1050. 
 
 37. On streets, created by street rail- 
 roads and other electrical com- 
 panies. 
 
 Street railroads. 39 L.R.A. 609. 
 Telegraph and electrical poles, etc. 39 
 
 L.R.A. 619. 
 
 Steam and electricity. 39 L.R.A. 621. 
 Injunction against. 44 L.R.A. 565. 
 
 38. Over buildings and other struc- 
 tures as nuisances. 
 
 Extent of power over buildings as such. 38 
 L.R.A. 161. 
 
 Limit of power. 38 L.R.A. 165. 
 
 Over the use of buildings. 38 L.R.A. 169. 
 
 Wooden and frame buildings. 38 L.R.A. 
 170. 
 
 Injunction by municipality against nui- 
 sance of. 41 L.R.A. 328; 42 L.R.A. 
 822. 
 
 39. Relating to trade or business. 
 
 In general. 38 L.R.A. 641. 
 
 Slaughterhouses. 38 L.R.A. 646. 
 
 Laundries. 38 L.R.A. 651. 
 
 Fertilizers. 38 L.R.A. 653. 
 
 Livery stables. 38 L.R.A. 653. 
 
 Brick and lime kilns. 38 L.R.A. 654. 
 
 Brick yards. 25 L.R.A. (N.S.) 247; 40 
 
 L.R.A. (N.S.) 898. 
 Stock yards. 38 L.R.A. 655; 28 L.R.A. 
 
 (N.S.) 122. 
 
 Tallow, fat, hides, etc. 38 L.R.A. 655. 
 Dairies. 38 L.R.A. 657. 
 Pawnbrokers, junk and second-hand clothes 
 
 dealers. 38 L.R.A. 657. 
 Power to prohibit the opening or working 
 
 of a quarry. 2 L.R.A. (N.S.) 796. 
 Power to determine location of places of 
 
 amusement. L.R.A.1916D, 99. 
 
 40. Affecting public morals, decency, 
 peace, and good order. 
 
 Nuisances affecting public morals and de- 
 cency. 39 L.R.A. 520. 
 Nuisances affecting public peace and good 
 
 order. 39 L.R.A. 524. 
 Right of municipal corporation to prohibit 
 
 the keeping, standing, or exhibiting of 
 
 stallions and jacks. 11 L.R.A. (N.S.) 
 
 736. 
 Validity of ordinance against bawdy house. 
 
 L.R.A.1917B, 1083.
 
 INDEX TO L.R.A. NOTES. 
 
 959 
 
 MUNICIPAL CORPORATIONS, V. c, 4 (e) 
 cont'd 
 
 41. Affecting safety, health, and per- 
 sonal comfort. 
 
 Matters as to trade or business affecting 
 health and comfort, see supra, 39. 
 
 Nuisances relating to public safety. 38 
 
 L.R.A. 305. 
 Nuisances relating to health. 38 L.R.A. 
 
 311. 
 Drains and drainage. 38 L.R.A. 319; 
 
 20 L.R.A. (N.S.) 1050. 
 Dead animals. 38 L.R.A. 330; 9 L.R.A. 
 (N.S.) 1197; 48 L.R.A.(N.S.) 979. 
 The keeping of animals. 38 L.R.A. 
 
 332; 39 L.R.A. (N.S.) 266. 
 Injunction against. 40 L.'R.A. 470; 41 
 
 L.R.A. 322. 
 
 Right to establish contagious disease hospi- 
 tal beyond city limits. 5 L.R.A. (N.S.) 
 1028; 18 L.R.A.(N.S.) 260; 25 L.R.A. 
 (N.S.) 228. 
 
 Power of municipality to regulate burials 
 and cemeteries. 27 L.R.A. (N.S.) 262. 
 
 (f) Regulation of business. 
 
 42. Generally. 
 
 Power as to nuisance affecting business, see 
 supra, 39. 
 
 License to engage in particular business, 
 see INTOXICATING LIQUORS, III.; 
 LICENSE, II. 
 
 Regulation of liquor traffic, see INTOXICAT- 
 ING LIQUORS, II. 
 
 Power of municipal corporation to make 
 right to transact certain business de- 
 pendent upon consent of municipal au- 
 thorities. 9 L.R.A. (N.S.) 659. 
 
 Liability of municipality for attempting to 
 enforce void ordinance regulating busi- 
 ness or conduct of those within its 
 limits. 18 L.R.A. (N.S.) 409; 34 L.R.A. 
 (N.S.) 141. 
 
 Validity of public restrictions as to location 
 of mercantile business. 49 L.R.A. 
 (N.S.) 438; L.R.A.1917F, 1060. 
 
 4.3. Bakeries. 
 
 Power to regulate location or condition of 
 bakeries. 26 L.R.A. (N.S.) 842. 
 
 44. Markets. 
 
 License of, see LICENSE, 33. 
 
 Delegation of power as to. 20 L.R.A. 726. 
 
 45. Money lenders. 
 
 License of, see LICENSE, 32. 
 
 Validity of ordinance requiring persons en- 
 gaged in business of loaning money on 
 chattel security or security of wages 
 to file a record of loans made. 25 
 L.R.A.(N.S.) 686. 
 
 46. Peddlers. 
 
 License of, see LICENSE, 35. 
 
 Validity of ordinance regulating hawking 
 and peddling. 14 L'.R.A. 100. 
 
 Validity of ordinance regulating conduct of 
 licensed street hucksters or peddlers. 
 8 L.R.A. (N.S.) 304. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MUNICIPAL CORPORATIONS, V. c, 4 (f ) 
 
 cont'd 
 Power of municipality as well as state to 
 
 punish for peddling. 17 L.R.A. (N.S.) 
 
 53. 
 
 47. Restaurants. 
 
 Proprietor of hotel conducted on European 
 plan as keeper of restaurant within 
 ordinance. 17 L.R.A. (N.S.) 566. 
 
 Power of municipality to regulate dancing 
 in. L.R.A.1917A, 1174. 
 
 48. Second-hand business, junk, etc. 
 
 License of, see LICENSE, 31. 
 
 Power to regulate traffic in. 24 L.R.A. 
 
 (N.S.) 1168. 
 Municipal power over business of dealers in, 
 
 as nuisance. 38 L.R.A. 657. 
 Police power as exercised by municipali- 
 ties over the business of pawn- 
 brokers, junk dealers, and dealers 
 in second-hand clothes. 32 L.R.A. 
 116. 
 
 49. Telegraphs. 
 
 License of, see LICENSE, 41. 
 
 50. Miscellaneous. : - . ' 
 
 Gasolene stations. L.R.A. 1917F, 1005. 
 
 Right of municipal corporation to require 
 theater to pay for services of fireman 
 or policeman, performed at the theater 
 or place of exhibition. 11 L.R.A. (N.S.) 
 700. 
 
 Power of municipality to regulate use of 
 scales by merchants. 23 L.R.A. (N.S.) 
 266. 
 
 Validity of ordinance for the settlement of 
 weights as between buver and seller by 
 public weigher. 51 L.R.A. (N.S.) 731. 
 
 Validity of ordinance fixing minimum wage 
 for person employed upon public work. 
 51 L.R.A.(N.S.) 686. 
 
 Validity of ordinance requiring commercial 
 or mercantile establishments to close 
 at certain hours. L.R.A. 1916A, 654. 
 
 Ordinance forbidding speculation in theater 
 tickets. L.R.A.1918D, 388. 
 
 Power of municipality to determine loca- 
 tion of places of amusement. L.R.A. 
 1916D, 99. 
 
 Right to forbid solicitation of patronage at 
 railway station. L.R.A.1917D, 690. 
 
 Power to regulate electricians and installa- 
 tion of electrical work. 36 L.R.A. 
 (N.S.) 78. 
 
 5. Violation and enforcement of ordi- 
 nance. 
 
 51. Generally. 
 
 Violation of ordinance as negligence, see 
 NEGLIGENCE, 10. 
 
 Private action for violation, see PRIVATE AC- 
 TION, 2. 
 
 Death inflicted while defendant is violating; 
 a municipal ordinance as homicide. 28 
 L.R.A.(N.S.) 770. 
 
 Injunction by private person to restrain vio- 
 lation. 5 L.R.A. (N.S.) 493.
 
 960 
 
 INDEX TO L.R.A. NOTES. 
 
 MUNICIPAL CORPORATIONS, V. c, 5 
 cont'd 
 
 Injunction against prosecutions under city 
 ordinance. 21 L.R.A. 86. 
 
 Prohibition to prevent unfounded prosecu- 
 tions for alleged violation of ordinance. 
 37 L.R.A.(N.S.) 448. 
 
 Collateral attack on conviction for violating 
 unconstitutional ordinance. 39 L.R.A. 
 454. 
 
 Cruel and unusual punishment for violating. 
 35 L.R.A. 578; L.R.A.1915C, 569. 
 
 Power to remit penalties or punishment for 
 violation of ordinances. 38 L.R.A. 
 (N.S.) 196. 
 
 Municipal liability for attempting to enforce 
 void ordinance regulating business 01 
 conduct within its limits. 18 L.R.A. 
 (N.S.) 409; 34 L.R.A. (N.S.) 141. 
 
 Municipal liability for arrest and imprison- 
 ment under invalid ordinance. 47 
 L.R.A. 593. 
 
 Liability of officer for making arrest for 
 breach of ordinance. 51 L.R.A. 207. 
 
 Removal of officer for failure to v enforce 
 criminal or penal ordinance. 50 L.R.A. 
 (N.S.) 841; L.R.A.1918F, 1049. 
 
 Liability of municipality for failure to en- 
 force ordinance in relation to animals. 
 L.R.A.1915E, 448. 
 
 Violation of ordinance in relation to block- 
 ing railroad crossing as affecting lia- 
 bility for injury. 47 L.R.A. (N.S.) 
 820. 
 
 May a municipal corporation question the 
 validity of an ordinance or license un- 
 der which a business is being conducted 
 in a prosecution for carrying on such 
 business. 21 L.R.A. (N.S.) 299. 
 
 Character of proceeding for violation of 
 municipal ordinance as civil or crimi- 
 nal. 33 L.R.A. 33; 4 L.R.A. (N.S.) 
 782; 48 L,R.A.(N.S.) 156. 
 
 G. By-laws. 
 
 52. Generally. . 
 
 By-law to compel acceptance of office. 24 
 L.R.A. 492. 
 
 d. Contracts generally. 
 
 1. In general. 
 
 53. Generally. 
 
 Liability on implied contract, see infra, 59. 
 
 Bonds of, see BONDS, III. 
 
 Bond of contractor, see BONDS, 9, 10. 
 
 Provision in, for payment of laborers and 
 materialmen, see BUILDING AND CON- 
 STRUCTION CONTRACTS, 2. 
 
 As to public contracts generally, see CON- 
 TRACTS, VIII. 
 
 Validity of and liability on contract with 
 officer, see CONTRACTS, 99-101. 
 
 Letting of public contracts, see CONTRACTS, 
 159. 
 
 Rights and remedies of lowest bidder, see 
 CONTRACTS, 160. 
 
 Specifications for public contracts, see CON- 
 TRACTS, 161. 
 
 Estoppel of municipality by contract, see 
 ESTOPPEL, 2a. 
 
 Begin iritli tJiis ItooTc on every law question. 
 
 MUNICIPAL CORPORATIONS, V. d, 1^ 
 cont'd 
 
 With respect to gas, see GAS, 2. 
 
 Contracts for local improvements, see PUB- 
 LIC IMPROVEMENTS, 7-9. 
 
 Delegation of power as to. 20 L.R.A. 727. 
 
 Provision in, for payment in gold or silver. 
 29 L.R.A. 522. " 
 
 Limitation of the doctrine of ultra vires, in 
 respect to municipal corporations. 19 
 L.R.A. 619. 
 
 Contract for supplying citv with water. 61 
 L.R.A. 61. 
 
 Right of municipal corporation to contract 
 for free transportation or special rates 
 on street cars. 16 L.R.A. (N.S.) 651. 
 
 Sufficiency of consideration received upon 
 disposal of municipal property. 43 
 L.R.A. (N.S.) 1137. 
 
 Rights and remedies where contracts are 
 invalid. L.R.A.1915A, 904. 
 
 Ratification of invalid contract. L.R.A. 
 1915A, 1023. 
 
 May a municipal contract for a term ex- 
 ceeding authority be enforced to the 
 extent to which it was authorized. 52 
 L.R.A.(N.S.) 512. 
 
 Lack of, or invalidity of franchise as de- 
 fense to an action by a public service 
 corporation against a municipality for 
 service rentals. 52 L.R.A.(N.S.) 713. 
 
 Right of seller of property to municipal 
 corporation under invalid contract to 
 retake or remove the property upon re- 
 fusal of payment. 20 L.R.A.(N.S.) 
 110; L.R.A.1915B, 173. 
 
 Liability of municipality for benefits re- 
 ceived under invalid contract not ex- 
 pressly prohibited by statute or public 
 policy where poAver to contract exists. 
 27 L/R.A.(N.S.) 1117. 
 
 Liability of municipality for labor per- 
 formed or services accepted by it under 
 express contract which is invalid be- 
 cause irregularly executed. 27 L.R.A. 
 (N.S.) 1126. 
 
 54. Monopoly or discrimination in. 
 
 Power to discriminate generally, see supra, 
 
 17. 
 
 Monopoly in contract for removal of gar- 
 bage. 27 L.R.A. 540. 
 
 Power of municipality to grant exclusive 
 right or create monopoly for removal 
 of substances inimical to health. 21 
 L.R.A. (N.S.) 830; L.R.A.1915D, 209. 
 Municipal contracts 'for work or articles 
 which embody a patented invention. 
 18 L.R.A. 45. 
 
 Where public letting to lowest bidder 
 is required. 5 L.R.A. (N.S.) 680; 
 46 L.R.A. (N.S.) 990; L.R.A.1917A, 
 442. 
 
 Right of municipality or other public body 
 to discriminate in favor of organized 
 labor. 23 L.R.A. (N.S.) 815; 52 L.R.A. 
 (N.S.) 728. ' 
 
 Right of taxpayer in absence of statute to 
 emjoin favoritism in contracts. 36 
 L.R.A.(N.S.) 10.
 
 INDEX TO L.R.A. NOTES. 
 
 MUNICIPAL CORPORATIONS, V. d, 1 
 cont'd 
 
 55. Power to bind successors; dura- 
 tion of contract. 
 
 Period for which contract for public service 
 
 may be made. 16 L.R.A. 258. 
 Power of public officers to make contracts 
 
 binding on their successors or for term 
 
 of years. 16 L.R.A. 257. 
 Power of board to make contract for term 
 
 extending beyond its own term. 2{ 
 
 L.R.A.(N.S.) 652; L.R.A.1915E, 581. 
 .May municipal contract for excessive term 
 
 be upheld as one for authorized period 
 
 52 L.R.A.(N.S.) 512. 
 
 56. Statutes legalizing invalid con- 
 tracts. 
 
 General rules. 27 L.R.A. 696. 
 
 Bonds. 27 L.R.A. 697. 
 
 Subscriptions to internal improvements. 
 
 27 L.R.A. 701. 
 
 Contracts to pay bounties. 27 L.R.A. 702. 
 Land grants. 27 L.R.A. 702. 
 Other contracts. 27 L.R.A. 702. 
 Excessive indebtedness. 27 L.R.A. 703. 
 Construction of statutes. 27 L.R.A. 704. 
 
 57. Liability of other party for viola- 
 tion of. 
 
 Consumer's right to compel public service 
 corporation to respect rates stipulated 
 in contract with municipality. L.R.A. 
 1915D, 917. 
 
 Right of property owner to maintain action 
 against water company for failure to 
 supply sufficient water for fire purposes 
 as required by its contract with munici- 
 pality. 6 L.R.A. (N.S.) 1171; 21 L.R.A. 
 (N.S.) 1021. 
 
 2. Implied contracts. 
 
 58. Generally. 
 
 Liability of municipality on. 27 L.R.A. 
 (N.S.) 1117; 39 L.R.A.(N.S-) 72; 
 41 L.R.A. (N.S.) 473; 46 L.R.A. 
 (N.S.) 921. 
 On implied contract for publishing no- 
 
 tices in a newspaper. 
 (N.S.) 1130. 
 
 27 L.R.A. 
 
 00. for labor performed or serv- 
 ices accepted. 
 
 In general. 27 L.R.A. (N.S.) 1125; 39 
 L.R.A.(N.S.) 43. 
 
 Where express contract is invalid merely 
 because irregularly executed. 27 L.R.A. 
 (N.S.) 1126. 
 
 Contract invalid because made with officer 
 of municipality. 27 L.R.A. (N.S.) 
 1327. 
 
 Where contract violates statutory or char- 
 ter restrictions on power to contract. 
 27 L.R.A. (N.S.) 1127. 
 
 Where contract is ultra vires. 27 L.R.A. 
 (N.S.) 1128. 
 
 Liability upon implied contract in the ab- 
 sence of express contract. 27 L.R.A. 
 (N.S.) 1129. 
 
 Consult also L.R.A. Digests of Cases. 61 
 
 MUNICIPAL CORPORATIONS, V. cont'd 
 
 e. Borrowing; indebtedness; expendi- 
 tures. 
 
 1. In general. 
 
 61. Generally. 
 
 Municipal bonds, generally, see BONDS, III. 
 For what purposes public money may be 
 
 used by municipality, see PUBLIC 
 
 MONEY, 4. 
 Indebtedness of town, see TOWNS, 7. 
 
 Validity of ordinance authorizing incurring 
 of indebtedness or appropriation of 
 money for two or more purposes. 14 
 L.R.A. (N.S.) 519. 
 
 Implied power of municipality to construct 
 improvements on credit. 4 L.R.A. 
 (N.S.) 746. 
 
 Right of taxpayer in absence of statute to 
 enjoin unlawful expenditures by munici- 
 pality. 36 L.R.A. (N.S.) 1. 
 
 Liability on its own obligations stolen from 
 it. 39 L.R.A. (N.S.) 444. 
 
 Mandamus to compel payment of municipal 
 debt by custodian of municipal funds. 
 14 L.R.A. 773. 
 
 Mandamus to compel issuance of munici- 
 pal warrant to pay indebtedness. 
 L.R.A. 1916D, 325. 
 
 Equitable remedy to subject to judgment 
 debt due from government or munici- 
 pality. 63 L.R.A. 701. 
 
 Effect of resolution to pay judgment 
 against, to excuse creditor's failure to 
 issue execution or revive judgment dur- 
 ing statutory period. 2 L.R.A. (N.S.) 
 855. 
 
 Holders as necessary parties to proceedings 
 to invalidate moneyed obligations of 
 municipality. 3 L.R.A.(N.S.) 256. 
 
 62. Corporate stock. 
 
 Liability as between corporation and one 
 acting in good faith to whom it issues 
 new certificate of stock on forged au- 
 thority. 2 B. R. C. 528. 
 
 63. Liability for debts in case of 
 annexation or division. 
 
 Liability of territory annexed to county, 
 city, or other municipality, to pay pro- 
 portionate share of existing debts. 27 
 L.R.A. (N.S.) 1147. 
 
 Division of territory as affecting the lia- 
 bility of municipality in absence of 
 statute. 39 L.R.A. (N.S.) 285. 
 
 64. Defense of limitations. 
 
 See LIMITATION OF ACTIONS, 17. 
 
 2. Limitation of indebtedness. 
 
 65. Generally. 
 
 Rule for determining the indebtedness, with- 
 in the meaning of debt-limit provisions, 
 where boundaries of different political 
 units are wholly or partly coincident. 
 L.R.A.1917E, 468. 
 
 Right of municipal corporation to secure 
 public utilities by piecemeal to avoid 
 constitutional debt limit. 12 L.R.A. 
 (N.S.) 433.
 
 JG2 
 
 INDEX TO L.JR.A. NOTES. 
 
 MUNICIPAL CORPORATIONS, V. e, 2 
 cont'd 
 
 Effect of limitation of municipal indebted- 
 ness upon the acquisition of a 
 water supply or sewer system. 59 
 L.R.A. 604. 
 
 What are "public utilities" within statute 
 allowing municipality to exceed debt 
 limit for purchase or repair of public 
 utilities. 31 L.R.A. (N.S.) 556. 
 
 As to what time is the assessed valuation 
 to be taken for purposes of determining 
 the debt limit of a state or municipal- 
 ity. 28 L.R.A.(N.S.) 149. 
 
 Right of taxpayer in absence of statute to 
 enjoin creation of excessive indebtedness 
 by municipality. 36 L.R.A. (N.S.) 9. 
 
 Statutes legalizing excessive indebtedness. 
 27 L.R.A. 703. 
 
 66, 67. Creation of indebtedness. 
 
 Definitions. 37 L.R.A.(N.S.) 1058; L.R.A. 
 
 1917E, 437. 
 Object of restricting indebtedness. 37 
 
 L.R.A. (N.S.) 1060; L.R.A.1917E, 438. 
 When indebtedness arises. 37 L.R.A. (N.S.) 
 
 1062; L.R.A.1917E, 439. 
 Obligations payable out of special fund or 
 
 current receipts. 37 L.R.A. (N.S. ) 
 
 1070; L.R.A.1917E, 442. 
 Obligations imposed by law. 37 L.R.A. 
 
 (N.S.) 1086; L.R.A.1917E, 447. 
 Torts. 37 L.R.A.(N.S.) 1097; L.R.A. 
 
 1917E, 451. 
 Refunding transactions. 37 L.R.A. (N.S.) 
 
 1099; L.R.A.1917E, 451. 
 Purchase of equity of redemption. 3 L.R.A. 
 
 (N.S.) 684; 37 L.R.A. (N.S.) 1105; 
 
 L.R.A.1917E, 45. 
 Interest. 37 L.R.A. (N.S.) 1106; L.R.A. 
 
 1917E, 455. 
 Judgments. 37 L.R.A. (N.S.) 1107; L.R.A. 
 
 1917E, 455. 
 Miscellaneous obligations. 37 L.R.A. (N.S.) 
 
 1103; L.R.A.1917E, 452. 
 Coincidence of boundaries of municipali- 
 ties. 37 L.R.A.(N.S.) 1108; L.R.A. 
 
 1917E, 468. 
 
 /. Property rights; municipal plants. 
 
 68. Generally. 
 
 Right to own or operate electric appliances, 
 
 see ELECTBICITY, 3. 
 As to valuation, return, etc., see PUBLIC 
 
 SERVICE CORPORATIONS. 
 Taxation of property of municipality, see 
 
 TAXES, 31, 32. 
 Property rights of town, see TOWNS, 5. 
 
 Delegation of power as to. 20 L.R.A. 727. 
 Right of municipality to be a part owner 
 
 of property. 35 "L.R.A. 737. 
 Power of municipality to acquire property 
 
 for other than money consideration. 
 
 35 L.R.A.(N.S.) 547. 
 Taking of property for municipal purposes 
 
 as a public purpose. 22 L.R.A. (N.S.) 
 
 168. 
 Power to take property already devoted to 
 
 public bv municipality. 
 (N.S.) 101. 
 
 37 L.R.A. 
 
 MUNICIPAL CORPORATIONS, V. f cont'd 
 
 Effect of language in grant specifying or 
 restricting use of property for munici- 
 pal purposes. 19 L.R.A. 265. 
 
 Right to permit the use of, or to lease, its 
 public buildings for private purposes. 
 31 L.R.A. (N.S.) 580. 
 
 Power of municipality to construct assem- 
 bly, convention, exhibition, or amuse- 
 ment hall. 26 L.R.A. (N.S.) 425. 
 
 Abandonment or sale by, of ground for ceme- 
 tery. 42 L.R.A. (N.S.) 1216. 
 
 Power of legislature in respect to municipal 
 property. 48 L.R.A. 485. 
 
 Power of legislature to authorize munici- 
 pality to build, purchase, or operate 
 railroad or street railway as affected 
 by restrictions on power to aid private 
 enterprises. 28 L.R.A. (N.S.) 412. 
 
 Liability of water company for destruction 
 of property of municipality by fire in 
 consequence of failure to maintain suf- 
 ficient pressure. 30 L.R.A. (N.S.) 526. 
 
 May limitations be interposed against ac- 
 tion to recover damages for" injury to 
 property of municipality. 32 'L.R.A. 
 (N.S.) 245. 
 
 Power of municipality operating a public 
 utility to make a special rate to a 
 particular company or person. L.R.A. 
 1916D, 996. 
 
 69. Lighting plant. 
 
 As to valuation, return, etc., see PUBLIC 
 SERVICE CORPORATIONS. 
 
 Power of legislature to compel municipality 
 to establish lighting plant or to pur- 
 chase existing plant. 44 L.R.A. (N.S.) 
 1189. 
 
 Power of municipal corporation to own elec- 
 tric light plant. 15 L.R.A. (N.S.) 711. 
 
 Right of municipality to profit bv its Mght- 
 ing plant. 24 L.R.A. (N.S.) 290. 
 
 Power to make a special rate to a particu- 
 lar company or person. L.R.A. 1916D, 
 996. 
 
 Exemption of municipal light plant from 
 taxation. 16 L.R.A. (N.S.) 867. 
 
 Liability for torts in connection with. 43 
 L.R.A.(N.S.) 862; L.R.A.1916E, 316. 
 
 70. Waterworks. 
 
 Liability in connection with, see infra, 
 
 93, 94. 
 As to valuation, return, etc., see PUBLIC 
 
 SERVICE CORPORATIONS. 
 Supply of water by private corporations, see 
 
 WATERS, III. 
 
 Right of municipal corporation as to use of 
 percolating waters for water supply. 
 L.R.A.1917F, 691. 
 
 Power of legislature to compel municipal- 
 ity to establish water plant, or to pur- 
 chase existing plant. 44 L.R.A. (N.S.) 
 1189. 
 
 Contract to purchase plant for municipal 
 water supply. 61 L.R.A. 46. 
 
 Establishment and regulation of municipal 
 
 Begin with this booTc on every law question. 
 
 water supply. 61 L.R.A. 34.
 
 INDEX TO L.K.A. NOTES. 
 
 963 
 
 MUNICIPAL CORPORATIONS, V. f confd 
 
 Right of municipality to make profit from 
 its water or lighting plant. 24 L.R.A. 
 (N.S.) 290. 
 
 Effect of limitation of municipal indebted- 
 ness upon the acquisition of a water 
 supply. 59 L.R.A. 604. 
 
 Right of taxpayer in absence -of statute to 
 enjoin unlawful expenditures for water- 
 works. 36 L.R.A. (N.S.) 20. 
 
 Taxation of waterworks owned by munici- 
 pality. 60 L.R.A. 851. 
 
 Taxation of waterworks located in one 
 state or municipality but belonging to 
 another. 50 L.R.A. (N.S.) 243. 
 
 Is power conferred upon a municipality to 
 provide waterworks limited to estab- 
 lishment of a municipal plant. 19 
 L.R.A. (N.S.) 183. 
 
 Right of municipality to establish water 
 plant in competition with company to 
 which it has granted a franchise. 
 L.R.A.1915C, 439. 
 
 Right of municipal corporation to require 
 use of water meters and to impose ex- 
 pense of same on consumer. L.R.A. 
 1915A, 320. 
 
 Power to make a special rate to a particu- 
 lar company or person. L.R.A.1916D, 
 996. 
 
 71. Shore and tide lands. 
 
 Municipal ownership of tide lands. 64 
 
 L.R.A. 333. 
 Rights of, in respect to accretions to shore 
 
 lands. 58 L.R.A. 203. 
 Grant of tide lands to. 3 L.R.A. (N.S.) 
 
 822. 
 
 g. Liability for damages. 
 
 1. In general. 
 
 % 72. Generally. 
 
 Liability on contract, see supra, 53-60. 
 
 Liability for injury by animals, see ANI- 
 MALS, 16. 
 
 Liability on contract with officer in which 
 he is personally interested, see CON- 
 TRACTS, lOOa. 
 
 Liability for injury by electricity, see 
 ELECTRICITY, 13. 
 
 Liability for false imprisonment, see FALSE 
 IMPRISONMENT, 5. 
 
 Liability as to health, see HEALTH, 4. 
 
 Liability for improvement assessment, see 
 PUBLIC IMPROVEMENTS, 19. 
 
 Taxation of plant, see TAXES, 32. 
 
 Supply of water by private corporations, 
 see WATERS, III. 
 
 Liability of town, see TOWNS, 7. 
 
 Immunity of drainage, levee, reclamation, 
 sanitary, or sewer district from liabil- 
 ity for damages. L.R.A.1918B, 1010. 
 
 For negligence as to electric wires. 31 
 L.R.A. 581. 
 
 Liability of municipality in tort for acts 
 beyond the scope of its powers. 42 
 L.R.A.(N.S.) 908. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MUNICIPAL CORPORATIONS, V. g, 1 
 cont'd 
 
 Liability for safety of wharf or dock. 61 
 L.R.A. 953. 
 
 Liability for damage to service mains by ' 
 excavating in street. L.R.A.1917E, 
 1094. 
 
 For removal of lateral or subjacent support 
 of land. 68 L.R.A. 698. 
 
 To persons injured in the performance of an 
 ultra vires act. 2 L.R.A. (N.S.) 910. 
 
 Liabilitv for impounding animals. 27 L.R.A. 
 (N.S.) 138. 
 
 Liability of municipality for negligence or 
 other tort of inmate of municipal 
 prison. 52 L.R.A. (N.S.) 943. 
 
 Obligation of, as operator of ferry. 6S 
 L.R.A. 155. 
 
 Liability of municipality for tort in con- 
 nection with quarrv worked by it. 38 
 L.R.A.(N.S.) 281. " 
 
 Municipal liability for tort as indebtedness 
 within debt limit provisions. 37 L.R.A. 
 (N.S.) 1097. 
 
 Negligent operation of light plant. 5 L.R.A. 
 (N.S.) 536; 43 L.R.A. (N.S.) 862; 
 L.R.A.1915E, 316. 
 
 Duty as to property secured for public use r 
 before it is thrown open to the public. 
 18 L.R.A.(N.S.) 595. 
 
 Civil liability of municipality for refusal 
 to grant permit. 1 B. R. C. 349. 
 
 Liability of municipality in damages for re- 
 peal, or interference with enjoyment, of 
 street franchise. 36 L.R.A.(N.S.) 861. 
 
 General liability of municipality which is 
 unable or has failed to enforce assess- 
 ments for local improvements. 32 
 L.R.A. (N.S.) 163. 
 
 Liability of, for its own obligations stolen 
 from it. 39 L.R.A. (N.S.) 444. 
 
 What is a mob or riot for the act of which 
 a municipality is liable. 10 L.R.A. 
 (N.S.) 925; L.R.A.1918C, 239. 
 
 Liability for failure to prevent riot in 
 street. 23 L.R.A.(N.S.) 638. 
 
 Sufficiency of general allegations of negli- 
 gence of. 59 L.R.A. 248. 
 
 Federal courts following state decisions as 
 to. 40 L.R.A. (N.S.) 442. 
 
 72a. Recovery over from other 
 wrongdoer. 
 
 See HIGHWAYS, 95; INDEMNITY, 4. 
 
 73. Inability for negligence in per- 
 formance of public function. 
 
 For various concrete phases of the distinc- 
 tion between public and private func- 
 tions, see subsequent sections. 
 
 Distinction between public and private func- 
 tions of municipal corporations in re- 
 spect to liability for negligence. 19 1 
 L.R.A. 452; 1 L.R.A. (N.S.) 665. 
 
 Distinction between public or governmental 
 and private or corporate functions of 
 municipality as affecting its liability in 
 admiralty for torts of its agents. 
 L.R.A. 1918A, 1079.
 
 964 
 
 INDEX TO L.R.A. NOTES. 
 
 MUNICIPAL CORPORATIONS, V. g, 1 
 cont'd 
 
 Repudiation of distinction between public 
 and private functions in determining 
 liability for torts in connection with 
 building used. 25 L.R.A.(N.S.) 97. 
 
 Liability of municipality for death caused 
 by negligence in the performance of a 
 governmental function. 38 L.R.A. 
 (N.S.) 151. 
 
 Private or governmental capacity of city in 
 its maintenance or~operation of bridge. 
 L.R.A.1915F, 1063. 
 
 Street cleaning as a governmental function. 
 L.R.A.1915C, 741. 
 
 Liability for injuries to health from com- 
 pulsory vaccination. L.R.A.1916B, 
 918. 
 
 74. Destruction of property. 
 
 For destroying buildings to stop spread of 
 
 fire. 19 L.R.A. 197. 
 For destruction of property in abatement 
 
 of public nuisance. 19 L.R.A. 195. 
 For destroying infected house. 22 L.R.A. 
 
 (N.S.) 1128. 
 
 75. property destroyed by mobs. 
 
 Liability for property destroyed bv mob. 
 24 L.R.A. 592; 44 L.R.A. (N.S.) 358. 
 
 What is a mob or riot for the act of which 
 a municipality is responsible. 10 
 L.R.A. (N.S.) 925; L.R.A.1918C, 239. 
 
 Liability of municipal corporation for fail- 
 ure to prevent riot in street. 23 L.R.A. 
 (N.S.) 638. 
 
 76. Spreading disease. 
 
 For spreading contagious disease by method 
 of caring for patients. 13 L.R.A. 
 (N.S.) 1190. 
 
 77. Nuisances. 
 
 Power of municipality as to, see supra, 
 
 34-41. 
 Nuisance caused by pollution of water, see 
 
 infra, 89. 
 Injunction against nuisance maintained by 
 
 municipality, see INJUNCTION, 27. 
 Municipal authority as defense to liability 
 
 for nuisance, see NUISANCES, 27. 
 
 For authorizing dangerous nuisance, such 
 as fireworks. 16 L.R.A. 395. 
 
 Liability for licensing a nuisance. 32 L.R.A. 
 (N.S.) 895. 
 
 Criminal responsibility for maintaining or 
 
 permitting a 
 
 (N.S.) 411. 
 
 nuisance. 39 L.R.A. 
 
 Liability of, for failure to abate a nuisance. 
 32 'L.R.A.(N.S.) 890. 
 
 78. Dumping 
 ashes. 
 
 ground ; garbage ; 
 
 Liability for nuisance in throwing garbage 
 on surface. 43 L.R.A. (N.S.) 1038; 
 L.R.A.1915C, 747. 
 
 MUNICIPAL CORPORATIONS, V. g, 1 
 
 cont'd 
 For injuries inflicted by servant engaged in 
 
 removing refuse. 5 L.R.A. (N.S.) 1005; 
 
 39 L.R.A.(N.S.) 649; L.R.A.1918C, 
 
 1188. 
 
 79. For false imprisonment and un- 
 lawful arrest. 
 
 General rule. 14 L.R.A. 792; 44 L.R.A. 
 795. 
 
 Application of the maxim Respondent su- 
 perior. 44 L.R.A. 799. 
 
 Liability as affected by ratification. 44 
 L.R.A. 800. 
 
 Reasons for the rule. 44 L.R.A. 800. 
 
 English and Canadian decisions. 44 L.R.A. 
 801. 
 
 Arrest and imprisonment under invalid or- 
 dinance. 47 L.R.A. 593. 
 
 80. For injuries to employees. 
 
 Applicability to municipalities of Work- 
 men's Compensation Acts. L.R.A. 
 J918F, 190. 
 
 Liability for injury to servant in connec- 
 tion with waterworks system. 25 
 L.R.A.(N.S.) 241; 52 . L.R.A. (N.S.) 
 466. 
 
 Employees of, as fellow servants in common 
 employment. 50 L.R.A. 436. 
 
 Supervising employees of, as vice principals. 
 51 L.R.A. 582. 
 
 2. For acts of officers or agents. 
 
 81. Generally. 
 
 Liability for injury in highway through 
 
 negligence of employees, see HIGHWAYS, 
 
 60. 
 
 For torts of public officers. 12 L.R.A. 
 (N.S.) 537. 
 
 For acts of officers, servants, or agents gen- 
 erally. 2 L.R.A.(N.S.) 147. 
 
 Distinction between public or governmental 
 and private or corporate functions of 
 municipality as affecting its liability in 
 admiralty for torts of its agents. 
 L.R.A.1918A, 1079. 
 
 Liability of municipality for injury by em- 
 ployee engaged in removing refuse. 5 
 L.R.A. (N.S.) 1005: 39 L.R.A. (X.S.) 
 649; L.R.A.1918C, 1188. 
 
 In connection with its lighting plant. 43 
 
 L.R.A.(N.S.) 
 316. 
 
 862; L.R.A.1915E, 
 
 In connection with waterworks. 23 L.R.A. 
 (N.S.) 204. 
 
 Liability for injuries by exhibition conduct- 
 ed by its officers or employees. 34 
 L.R.A.(N.S.) 464. 
 
 Liability for negligence of park commission- 
 er. 2 L.R.A. (N.S.) 147. 
 
 Liability of eleemosynary institution main- 
 tained by municipality for personal tort 
 of agent or servant. 4 L.R.A. (N.S.) 
 269. 
 
 For injuries resulting from use of dumping i 
 
 ground. 6 L.R.A. (N.S.) 1013. Liability of municipality for acts of ita 
 
 Fire in rubbish dump as attractive nuisance. | officers in removing trespassers from 
 
 L.R.A.1917F, 1036. public grounds. 35 L.R.A. (N.S.) 435. 
 
 Begin ivith this boofc on every laic question.
 
 INDEX TO L.R.A. NOTES. 
 
 965 
 
 MUNICIPAL CORPORATIONS, V. g, 2 
 
 cont'd 
 Liability for negligence or other tort of 
 
 keeper of municipal prison. 25 L.R.A. 
 
 (N.S.) 180; 52 L.R.A. (N.S.) 943. 
 Liability of municipality for negligence of 
 
 bridge tender. 45 L.R.A. (N.S.) 98: 
 
 L.R.A.1915F, 1062. 
 
 Liability of municipal corporation for tres- 
 pass on private property where 
 committed in connection with 
 streets. L.R.A.1916D, 1086. 
 Liability for injuries to health from com- 
 pulsory vaccination. L.R.A.1916B, 918. 
 Liability for damages from enforcement of 
 
 quarantine. L.R.A.1918E, 437. 
 
 82. Police officers. 
 
 Liability of city for acts of. 14 L.R.A. 792; 
 ]5 L.R.A. 783. 
 
 Municipal liability for torts of. 12 L.R.A. 
 (N.S.) 537; 42 L.R.A. (N.S.) 915; 
 L.R.A.1915E, 460. 
 
 Liability of municipality for acts not essen- 
 tially police functions but connected 
 therewith. 17 L.R.A.(N.S.) 741. 
 
 83. Fire department. 
 
 Municipal liability for acts or negligence of 
 
 members of fire department. 15 L.R.A. 
 
 781; 4 L.R.A. (N.S.) 629; 44 L.R.A. 
 
 (N.S.) 68. 
 Liability of municipal corporation for tort 
 
 in connection with fire house. 25 L.R.A. 
 
 (N.S.) 94. 
 
 84. In instituting legal proceedings. 
 
 Liability for wrongful legal proceedings in- 
 stituted by its officers for its bene- 
 fit. 32 L.R.A.(N.S.) 34. 
 
 3. For acts of licensees or independent 
 
 contractors. 
 
 85. Generally. 
 
 For acts of independent contractor. 14 
 
 L.R.A. 833. 
 Liability for condition of highway due to 
 
 acts of independent contractor. 66 
 
 L.R.A. 126. 
 Liability for acts of independent contractor 
 
 in connection with waterworks system. 
 
 25 L.R.A. (N.S.) 242; 52 L.R.A. (N.S.) 
 
 467. 
 
 4. As to drains, sewers, and waters 
 
 generally. 
 
 86. Injury to person by drains and 
 sewers. 
 
 Extent of liability, see DAMAGES, 78. 
 
 Liability for open gutter or drain in high- 
 way causing injury to traveler. 61 
 L.R.A. 706; L.R.A.1916F, 708. 
 
 Municipal liability .for injury by holes, and 
 openings in streets for sewer purposes. 
 20 L.R.A.(N.S.) 631. 
 
 Duty to guard drainage ditch along side- 
 walk. 27 L.R.A. (N.S.) 1169. 
 
 For death or sickness caused by sewage or 
 drainage. 22 L.R.A. (N.S.) 940. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MUNICIPAL CORPORATIONS, V. g, 4 
 
 cont'd 
 87. Injury to property by drains and 
 
 sewers. 
 
 Liability for injuries by drains and sewers. 
 61 L.R.A. 701; 20 L.R.A.(N.S.) 
 627. 
 
 Duty and liability of municipality with re- 
 spect to drainage. 61 L.R.A. 673. 
 
 Liability for injuries to property from 
 sewerage system not constructed accord- 
 ing to any plan adopted by competent 
 authorities, or constructed upon a de- 
 fective plan. 1 L.R.A.(N.S.) 952. 
 
 Liability for changing course of drainage 
 to injury of private property. 5 L.R.A. 
 (N.S.) 831; 30 L.R.A. (N.S.) 619. 
 
 Liability of counties for injury to real prop- 
 erty from. 39 L.R.A. 69. 
 
 Liability for abandonment of surface water 
 drain. 65 L.R.A. 286. 
 
 Duty of owner to protect his premises from 
 flooding through drain or sewer. L.R.A. 
 1918D, 371. 
 
 Parties defendant in action against munici- 
 pality for breach of duty as to drain- 
 age. 61 L.R.A. 711. 
 
 88. obstruction or overflow. 
 
 Municipal liability for obstruction of. 65 
 L.R.A. 275. 
 
 Municipal liability for over-flow of stream 
 used by it as a sewer. 3 L.R.A. (N.S.) 
 1053. 
 
 Measure of damages recoverable from mu- 
 nicipality for overflow from defective 
 sewer. 29 L.R.A. (N.S.) 860. 
 
 89. pollution of waters by. 
 
 Injunction against city's drainage into 
 water course. 23 L.R.A. 301. 
 
 Right of municipal corporation to drain 
 sewage into waters. 48 L.R.A. 
 691; 61 L.R.A. 694; 20 L.R.A. 
 (N.S.) 1050; 47 L.R.A.(N.S.) 137. 
 
 Prescriptive right of municipality to pol- 
 lute streams with sewage or other 
 harmful substance. 25 L.R.A. (N.S.) 
 589. 
 
 Right of municipality held liable for pollu- 
 tion of stream to recover indemnity or 
 contribution from one responsible there- 
 for. 40 L.R.A.(N.S.) 1165. 
 
 Liability of municipality for failure to pre- 
 vent pollution of stream by others. 
 L.R.A.1918B, 471. 
 
 Legislative authority as defense. 1 L.R.A. 
 (N.S.) 124. 
 
 90. Waters, generally. 
 
 Power of city as to, see supra, 28. 
 Pollution of waters with sewage, see supra, 
 
 89. 
 Liability for injury by embankment, see 
 
 EMBANKMENT, 2. 
 
 Right of municipal corporation in respect 
 of percolating waters. L.R.A.1917F, 
 691. 
 
 For damming back water of stream. 59 
 L.R.A. 853.
 
 966 
 
 INDEX TO L.R.A. NOTES. 
 
 MUNICIPAL CORPORATIONS, V. g, 4 
 cont'd 
 
 Municipal liability for interference with 
 streams by defective plan for street 
 construction. 67 L.R.A. 258. 
 
 Liability for obstructing or destroying 
 rights of navigation. 59 L.R.A. 78. 
 
 Liability of municipality for confining flood 
 water within banks of stream to injury 
 of riparian owners. 26 L.R.A. (N.S.) 
 199. 
 
 Liability of municipality for damages by 
 changing the channel or course of a 
 stream. 47 L.R.A. (N.S.) 470. 
 
 91. Surface waters. 
 
 Duty to care for. 65 L.R.A. 250. 
 Negligent or wrongful acts. 65 L.R.A. 261. 
 
 Changing course of drainage. 65 
 L.R.A. 261; 5 L.R.A. (N.S.) 831; 
 29 L.R.A. (N.S.) 126. 
 
 Obstruction. 43 L.R.A. (N.S.) 792. 
 Acquiring right of way for drain. 65 
 
 L.R.A. 273. 
 Plans. 65 L.R.A. 274. 
 Obstructed drains. 65 L.R.A. 275. 
 Unusual storms. 65 L.R.A. 277. 
 Right and duty of individual. 65 L.R.A. 
 
 277. 
 
 Nuisances. 65 L.R.A. 280. 
 Embankments. 65 L.R.A. 281. 
 Remedy. 65 L.R.A. 281. 
 Abandonment of drain. 65 L.R.A. 286. 
 
 92. injuries due to defects In 
 street. 
 
 Measure of damages recoverable from mu- 
 nicipality for overflow from defective 
 street. 29 L.R.A.(N.S.) 860. 
 
 Municipal liability for injury to property 
 rights by surface water due to defective 
 plan of street construction. 67 L.R.A. 
 260. 
 
 Liability of municipal corporation for dam- 
 ming back surface water by grading of 
 streets. 65 L.R.A. 250; 29 L.R.A. 
 (N.S.) 126. 
 
 93. Water plant. 
 
 Liability of water company, see WATERS, 
 118, 119. 
 
 Municipal liability for tort in connection 
 with waterworks system. 61 L.R.A. 
 58; 25 L.R.A.(N.S.) 239; 52 L.R.A. 
 (N.S.) 465; L.R.A.1918F, 1005. 
 
 Liability of municipality operating a water- 
 works system, for breach of duty to 
 consumer. 42 L.R.A.(N.S.) 286. 
 
 Liability of municipal corporation in re- 
 spect of use of percolating waters for 
 water supply. L.R.A.1917F, 691. 
 
 94. lack of water to extinguish 
 fire. 
 
 Liability of water company, see WATERS, 
 
 119. 
 For lack of water to extinguish fire. 23 
 
 L.R.A. 146; 61 L.R.A. 95; 25 L.R.A. 
 
 (N.S.) 239; 36 L.R.A. (N.S.) 1045: 52 
 
 L.R.A.(N.S.) 402, 466; L.R.A.1918F, 
 
 1005. 
 
 Begin 
 
 this book on every law question. 
 
 MUNICIPAL CORPORATIONS, V. g 
 cont'd 
 
 5. As to streets, bridges, and parks. 
 
 95. Streets. 
 
 Power of city as to, see supra, 27. 
 
 Injury by water due to defective street, see 
 supra, 92. 
 
 Liability for injuries to property in im- 
 proving streets, see HIGHWAYS, 47a. 
 
 Liability for injuries in grading street, see 
 HIGHWAYS, 50, 51. 
 
 Liability for changing grade of street, see 
 HIGHWAYS, 52, 53. 
 
 For injury by defects or obstruction in 
 streets, see HIGHWAYS, 57-77. 
 
 Liability for injuries from permitting or 
 failure to prevent improper use of 
 street, see HIGHWAYS, 76, 77. 
 
 Recovery over by municipality for injury 
 due to defects in street, see HIGHWAYS, 
 95. 
 
 Liability of municipality for temporarily 
 interfering with access to property in 
 making improvements. 46 L.R.A. 
 (N.S.) 620. 
 
 Liability of municipal corporation for tres- 
 pass on private property where com- 
 mitted in connection with streets. 
 L.R.A.1916D, 1086. 
 
 Liability for failure to prevent riot in 
 street. 23 L.R.A. (N.S.) 638. 
 
 For permitting animals in streets. 27 
 L.R.A. 728. 
 
 For fire set by sparks set from steam roller 
 engaged in repairing street. 6 L.R.A. 
 (N.S.). 1094; 20 L.R.A. (N.S.) 654. 
 
 Injunction against municipality to prevent 
 removal of lateral or subjacent support 
 of land in laying out street. 68 L.R.A. 
 698. 
 
 Injurv to one while coasting in street. 42 
 L.R.A.(N.S.) 865; L.R.A.1918F, 782. 
 
 96. Bridges. 
 
 See BRIDGES, 5, 6. 
 
 97. Parks. 
 
 Liability for injuries through unsafe con- 
 ditions in parks or public grounds other 
 than streets. 33 L.R.A. (N.S.) 523; 
 L.R.A.1915C, 435. 
 
 Municipal liability for defects or obstruc- 
 tions in paths in. 20 L.R.A.(N.S.) 
 574. 
 
 Municipal liability for defects or obstruc- 
 tions in park strips, or sides of streets. 
 20 L.R.A. (N.S.) 593: 40 L.R.A. (N.S.) 
 94; L.R.A.1918D, 814. 
 
 For negligence of park commissioners. 2 
 L.R.A. (N.S.) 147. 
 
 6. As to buildings; prison. 
 
 98. Buildings, generally. 
 
 Municipal liability for defects or obstruc- 
 tions in passageways in public build- 
 ings. 20 L.R.A. (N.S.) 573. 
 Liability of municipal corporation for tort 
 in connection witli buildings used 
 by it. 25 L.R.A. (N.S.) 88.
 
 INDEX TO L.R.A. NOTES. 
 
 967 
 
 MUNICIPAL CORPORATIONS, V. g, 6 
 
 cont'd 
 Municipal liability for injuries from defects 
 
 in building used for convenience or 
 
 pleasure of its inhabitants. L.R.A. 
 
 1917E, 695. 
 
 City or townhall or courthouse. 25 L.R.A. 
 (N.S.) 91. 
 
 99. Prisons. 
 
 Liability for injury to person in jail or 
 prison, see JAILS AND PRISONS, 2, 3. 
 
 Liability for tort of keeper or inmate of, 
 see JAILS AND PRISONS, 4. 
 
 Liability for injury to neighboring prop- 
 erty from maintenance of prison. 34 
 L.R.A.(N.S.) 361. 
 
 7. Failure to enforce ordinance. 
 
 100. Generally. 
 
 Liability for failure to enforce health or- 
 dinance. 12 L.R.A.(N.S.) 638. 
 
 8. Enforcement of void ordinance. 
 
 101. Generally. 
 
 For arrest and imprisonment under invalid 
 ordinance. 47 L.R.A. 593. 
 
 Liability for attempt to enforce void ordi- 
 nance regulating the business or con- 
 duct of those within its Ih.iits. 18 
 L.R.A. (N.S.) 409; 34 L.R.A. (N.S.) 
 141. 
 
 gg. Criminal liability. 
 
 10 la. Generally. 
 
 Criminal responsibility of a municipal cor- 
 poration. 43 L.R.A. (N.S.) 954. 
 
 h. Claims against or in favor of. 
 1. Claims against. 
 
 102. Generally. 
 
 Interest on, see INTEREST, 18. 
 Mandamus to compel payment of, see MAN- 
 DAMUS, 8. 
 
 Power of legislature to compel payment by 
 municipal corporations of nonlegal de- 
 mands. L.R.A.1915D, 927. 
 
 Statute requiring municipality to pay claim 
 against it as an invasion of powers of 
 judiciary. L.R.A.1917E, 827. 
 
 Constitutionality of retroactive statute cre- 
 ating right of action against municipal 
 corporations. 52 L.R.A. 940. 
 
 Right of municipal corporation, county, or 
 town authorities to reconsider action 
 as to allowance of claim. 21 L.R.A. 
 (N.S.) 289. 
 
 Right of creditor of taxing district to in- 
 voke aid of court to obtain satisfac- 
 tion of debt, where ordinary remedies 
 not available. 32 L.R.A. (N.S.) 1020. 
 
 Right to go behind judgment against mu- 
 nicipality in mandamus proceedings to 
 enforce same. 9 L.R.A. (N.S.) 1002. 
 
 Acceptance of partial allowance of claim 
 as an accord and satisfaction. 42 
 L.R.A.(N.S.) 119. 
 
 Consult also L.R.A. Digests of Cases. 
 
 MUNICIPAL CORPORATIONS, V. h, 1 
 
 cont'd 
 103. Presentation of. 
 
 Character of claims within statute or ordi- 
 nance requiring presentation as a condi- 
 tion of municipal liability. 50 L.R.A. 
 (N.S.) 174. 
 
 104. Notice as condition of liability. 
 
 As condition of liability for injury in street 
 or highway, see HIGHWAYS, 106, 
 107. 
 
 Does time of notice as condition of munici- 
 pal liability begin to run from the ac- 
 cident or from the injury or death. 
 40 L.R.A.(N.S.) 749. 
 
 105. sufficiency of. 
 
 In case of injury by defective street, see 
 HIGHWAYS, 107. 
 
 Sufficiency of description of injury in no- 
 tice. 20 L.R.A.(N.S.) 804. 
 
 May injured person's place of residence be 
 required to be stated in notice of ac- 
 cident or injury. 20 L.R.A. (N.S.) 938; 
 
 35 L.R.A. (N.S.) 840. 
 
 Upon whom may notice of injury or claim 
 against municipality be served. 46 
 L.R.A.(N.S.) 167. 
 
 106. necessity for. 
 
 Validity of requirement of notice of injury 
 as a condition of municipal liability. 
 
 36 L.R.A.(N.S.) 1136. 
 
 Character of claims within statute or ordi- 
 nance requiring notice or presenta- 
 tion as a condition of municipal 
 liability. 50 L.R.A. (N.S.) 174. 
 Necessity of written notice as to defect as 
 condition of liability of municipal cor- 
 poration for injuries due to positive 
 act of its officers or servants. 23 
 L.R.A.(N.S.) 282.' 
 
 Lack of, as defense to municipal liability 
 for injury by obstruction of drains or 
 sewers. 61 L.R.A. 710. 
 
 107. excuse for failure to give. 
 
 Physical or mental incapacity as an excuse 
 for failure to give notice of injury 
 required as a condition of munici- 
 pal liability. 32 L.R.A.(N.S.) 350. 
 
 2. Claims in favor of. 
 
 108. Generally. 
 
 Presumption of payment from lapse of time. 
 
 L.R.A.1916B, '739. 
 
 Right to surrender valid claim upon a par- 
 tial payment thereof. 19 L.R.A. 
 (N.S.) 320. 
 
 Right of taxpayer to maintain suit to en- 
 force clainTof. 14 L.R.A. (N.S.) 298. 
 
 i. Taxation. 
 
 109. Generally. 
 
 Delegation of power of taxation to munici- 
 pal authorities. 15 L.R.A. (N.S.) 
 62.
 
 968 
 
 INDEX TO L.R.A. NOTES. 
 
 MUNICIPAL CORPORATIONS, V. i cont'd 
 Liability of municipality for wrongful pro- 
 ceedings instituted by its officers to col- 
 lect taxes. 32 L.R.A.(N.S.) 37. 
 
 109a. For what purposes. 
 
 Assessments for public improvements, see 
 PUBLIC IMPROVEMENTS, IV. 
 
 Municipal assessment of state property for 
 local improvements, see PUBLIC IM- 
 PROVEMENTS, 18. 
 
 As to taxation, generally, see TAXES. 
 
 Tax on property of, see TAXES, 31, 32. 
 
 To defray cost of municipal waterworks. 61 
 L.R.A. 50. 
 
 Validity of ordinance authorizing the levy- 
 ing of taxes for two or more purposes. 
 14 L.R.A.(N.S.) 519. 
 
 110. What taxable. 
 
 Municipal taxation of rural lands within 
 corporate limits, see TAXES, 22. 
 
 Power of city to extend exercise of tax- 
 ing power beyond corporate limits. 15 
 L.R.A. (N.S.) 294; L.R.A.1918C, 528. 
 
 Taxation of property of another municipal- 
 ity or state. 50 L.R.A.(N.S.) 243. 
 
 Bicycles as subject of taxation by munici- 
 palities. 47 L.R.A. 304. 
 
 111. Power of municipality to ex- 
 empt property from taxation. 
 
 In general. 15 L.R.A. 860; 29 L.R.A. (N.S.) 
 
 183. 
 Legislative authority for exemptions. 15 
 
 L.R.A. 861. 
 Exemption for a consideration. 15 L.R.A. 
 
 861. 
 
 VI. Officers and employees. 
 
 112. Generally. 
 
 Acts of city council, see supra, V. c. 
 Liability of municipality for acts of, see 
 
 supra, 81-84. 
 Validity of contract with, see CONTRACTS, 
 
 99-101. 
 Recall of municipal officers, see INITIATIVE, 
 
 REFERENDUM, AND RECALL, 2. 
 As to officers generally, see OFFICERS. 
 Officers of town, see TOWNS, 8-10. 
 
 By-law to compel acceptance of office. 24 
 L.R.A. 492. 
 
 As public officers. 17 L.R.A. 247. 
 
 Power of legislature as to. 48 L.R.A. 479. 
 
 Statutes conferring powers on municipali- 
 ties or counties in respect to their of- 
 ficers as a delegation of legislative pow- 
 er. L.R.A.1916D, 921. 
 
 Validity of limitation of hours of labor on 
 public works. 8 L.R.A. (N.S.) 131; 24 
 L.R.A.(N.S.) 201; 34 L.R.A. (N.S.) 
 767. 
 
 Right of municipal officer not specially 
 named to maintain action for libel or 
 slander based on charges against group 
 of such officers. 23 L.R.A.(N.S.) 728. 
 
 Report by, as privileged communication. 5 
 L.R.A.(N.S.) 163. 
 
 MUNICIPAL CORPORATIONS, VI. cont'd 
 
 Competency as witnesses of officers of and 
 residents in municipal corporation in 
 suit between municipality and a person- 
 al representative. 27 L.R.A. (N.S.) 821. 
 
 Disqualification of city officers to serve as 
 commissioners or jurors in eminent 
 domain proceedings. 47 L.R.A. (N.S.) 
 166. 
 
 Character and extent of relief by mandamus 
 against officer who has rendered a de- 
 cision on a ground not within his dis- 
 cretion. 7 L.R.A. (N.S.) 525. 
 
 Denial on information and belief of mat- 
 ters within knowledge of municipal of- 
 ficers. 30 L.R.A. (N.S.) 779. 
 
 Duty of municipal officer to account for 
 profits made in transaction with mu- 
 nicipality. 48 L.R.A. (N.S.) 842. 
 
 Action against officers of cities as action 
 against the state. 44 L.R.A. (N.S.) 
 199. 
 
 Parol evidence to Vary or supplement rec- 
 ords of municipal council or other offi- 
 cers. 50 L.R.A.(N.S.) 99. 
 
 113. Who are. . 
 
 Who are public officers generally, see OFFI- 
 CERS, 2. 
 
 Who are city officers. 14 L.R.A. 646. 
 
 114. Deputies. 
 
 As to deputies generally, see DEPUTY. 
 
 Implied power of municipal corporation to 
 create the office of deputy or assistant 
 to an incumbent of an oilice which is 
 expressly authorized. 26 L.R.A. (N.S.) 
 660. 
 
 115. Appointment. 
 
 Appointment of officers generally, see OF- 
 FICERS, 10-14. 
 
 May appointment of municipal officers be 
 constitutionally delegated to courts or 
 judges thereof. 19 L.R.A. (N.S.) 579. 
 
 116. Term. 
 
 Term of office generally, see OFFICERS, 16. 
 
 Power of board to appoint officer for term 
 extending beyond its own term. 29 
 L.R.A.(N.S.) 652; L.R.A.1915E, 581. 
 
 Power of municipal board or committee to 
 employ one of its own members as 
 counsel, or to render other special serv- 
 ice. 3 L.R.A.(N.S.) 849. 
 
 117. Removal. 
 
 Removal of officers generally, see OFFICERS, 
 
 22-24. 
 Of town officers, see TOWNS, 10. 
 
 Right to remove summarily. 15 L.R.A. 
 95. 
 
 Power to remove officer in absence of stat- 
 utory authority. 9 L.R.A. (N.S.) 572. 
 
 Is power conferred upon municipality to 
 remove its officers exclusive. 20 L.R.A. 
 (N.S.) 1128. 
 
 Begin ivitli this ftoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 969 
 
 MUNICIPAL CORPORATIONS; vi. cont'a 
 
 Power of municipality to remove officer in 
 absence of statutory authority. 39 
 L.R.A.(N.S.) 519. 
 
 118. Contest of title. 
 
 Contest of title to office generally, see OF- 
 FICERS, 27. 
 
 Provision for testing election of, before city 
 council or other municipal body as ex- 
 clusive of remedies in the courts. 26 
 L.R.A.(N.S.) 207. 
 
 119. Powers. 
 
 Of council, see supra, V. c. 
 
 Power to make contract extending beyond 
 
 term of office, see supra, 55. 
 Power to make contract in whicli they are 
 
 personally interested, see CONTRACTS, 
 
 lOOa. 
 Powers of officers generally, see OFFICERS, 
 
 28-30. 
 Of town officers, see TOWNS, 9. 
 
 Power to act as determined by place of per- 
 formance. 33 L.R.A. 86. 
 
 Validity of ordinance granting discretion 
 to officials. 1 L.R.A.(N.S.) 940. 
 
 120. Compensation. 
 
 Compensation of officers generally, see OF- 
 FICERS, 31-37, 44. 
 
 Right of taxpayer in absence of statute to 
 enjoin payment of illegal fees and sal- 
 aries to officers. 36 L.R.A.(N.S.) 11. 
 
 Right of municipal employee to recover for 
 extra work done on Sunday. 30 L.R.A. 
 (N.S.) 660. 
 
 Exemption of salary of municipal officer. 
 54 L.R.A. 573. 
 
 Power of legislature to require municipality 
 to pension employees. 1 34 L.R.A. (N.S.) 
 608. 
 
 121. Liability. 
 
 Liability of officers generally, see OFFICERS, 
 38-42. 
 
 Personal liability to other contracting party 
 of one who, without authority, assumes 
 to contract as agent for a municipal- 
 ity. 34 L.R.A.(N.S.) 523. 
 
 122. De facto officers. 
 
 De facto officers generally, see OFFICERS, 
 37, 43, 44. 
 
 De jure office as condition of de facto offi- 
 cer. 15 L.R.A. (N.S.) 105. 
 
 MUNICIPAL COURTS. 
 
 May judges of, be vested or burdened with 
 powers or duties of a non judicial char- 
 acter. 19 L.R.A.(N.S.) 615. 
 
 MUNICIPAL PLANTS. 
 
 See MUNICIPAL CORPORATIONS, 68-70. 
 Consult also L.R-A.. Digests of Cases. 
 
 MURDER. 
 
 See HOMICIDE. 
 
 MURDERER. 
 
 Descent of property to, see DESCENT AND 
 DISTRIBUTION, 8. 
 
 MUSEUM. 
 
 Occupancy of curator of. 4 L.R.A. (N.S.) 
 705. 
 
 MUSIC. 
 
 Instruction in, as a necessary for an in- 
 fant. 42 L.R.A.(N.S.) 1115. 
 
 Power to prescribe teaching of, in public 
 schools. 47 L.R.A.(N.S.) 203. 
 
 Perforated rolls and wax cylinders as in- 
 fringement of copyright of sheet music. 
 2 B. R. C. 91. 
 
 MUSICAL COMPOSITIONS. 
 
 Employer's right to musical compositions 
 composed by employees. 5 L.R.A. 
 (N.S.) 1189. 
 
 MUTILATED COIN. 
 
 Tender of. 33 L.R.A. 824. 
 
 MUTILATED CURRENCY. 
 
 Character or condition of currency that 
 may be tendered in payment of fare. 
 35*L.R.A.(N.S.) 1030. " 
 
 MUTILATION. 
 
 Of corpse, see CORPSE, 3. 
 
 Revocation of wills by, see WILLS, 39, 
 
 40. 
 Mental suffering arising from contemplation 
 
 of, as element of damages for personal 
 
 injuries. 15 L.R.A.(N.S.) 775. 
 In books of account as affecting admissi- 
 
 bility in evidence. 52 L.R.A. 575. 
 Liability for mutilation or spoliation of 
 
 will. L.R.A.1917B, 558. 
 
 MUTINY. 
 
 Prosecutions under the Espionage Act of 
 June 15, 1917. for attempting to cause. 
 L.R.A.1918F, 410.
 
 970 
 
 INDEX TO L.R.A. NOTES. 
 
 MUTUAL ACTIONS. 
 
 For specific performance of agreement to 
 permit maintenance of license on land 
 of another. 49 L.R.A. 513. 
 
 MUTUAL AGREEMENTS. 
 
 As defense to promissory note. 43 L.R.A. 
 467. 
 
 MUTUAL BENEFIT ASSOCIATION. 
 
 In general, see BENEFIT SOCIETIES. 
 Insurance by, see INSURANCE. 
 
 MUTUAL COMBAT. 
 
 Effect on civil liability for assault of fact 
 that combat was by mutual consent 
 of parties. 20 L.R.A.(N.S.) 907. 
 
 Right to set up self-defense in case of. 45 
 L.R.A. 704. 
 
 Homicide while engaged in. 63 L.R.A. 
 384; 45 L.R.A. (N.S.) 646 
 
 Insulting words or conduct as provocation 
 to homicide where mutual combat re- 
 sults. 4 L.R.A.(N.S.) 357. 
 
 MUTUAL COMPANIES. 
 
 Mutual insurance campanies, see INSURANCE. 
 
 Taxation of capital stock of. 58 L.R.A. 
 525. 
 
 MUTUAL CONSENT. 
 
 To rescission or abandonment of contract. 
 30 L.R.A. 40. 
 
 MUTUAL COVENANTS. 
 
 Who may enforce mutual covenants con- 
 taining restrictions as to use of prop- 
 erty. 37 L.R.A.(N.S.) 25; L.R.A. 
 1917A, 330. 
 
 MUTUAL CREDITS. 
 
 Right of set-off in case of. 17 L.R.A. 461. 
 
 MUTUAL DEBTS. 
 
 Right of set-off in case of. 17 L.R.A. 461. 
 
 MUTUAL INSURANCE COMPANY. 
 
 See INSURANCE. 
 
 MUTUALITY. 
 
 Of contract, generally, see CONTRACTS, 18. 
 
 Of claims as essential to right of set-off, 
 see SET-OFF AND COUNTERCLAIM, 6. 
 
 As condition of right to specific perform- 
 ance of contract, see SPECIFIC PERFORM- 
 ANCE, 21, 22. 
 
 Of duty to request arbitration of insurance 
 laws. 15 L.R.A. (N.S.) 1067. 
 
 Necessity of mutuality of claims which are 
 the subject of an account stated. 45 
 L.R.A.(N.S.) 537. 
 
 MUTUAL TELEPHONE COMPANIES. 
 
 As public utilities. L.R.A.1918C, 827. 
 
 MUTUAL VITUPERATION. 
 
 Effect of, on right to recover for libel or 
 slander, see LIBEL AND SLANDER, 39. 
 
 MUTUAL WILLS. 
 
 See WILLS, 6, 35, 49. 
 
 N 
 
 NAIL. 
 
 Master's liability for injuries sustained 
 by servant from falling over nail pro- 
 jecting from floor. 19 L.R.A. (N.S.) 
 242. 
 
 Begin utith this boofc on every law question. 
 
 NAME. 
 
 I. Of persons, 1-18. 
 
 a. In general, 1-13. 
 ~b. Mistake in; omission of; 
 idem sonans, 14-16.
 
 INDEX TO L.R.A. NOTES. 
 
 971 
 
 NAME, I. cont'd 
 
 c. Use of name in connection 
 
 with business, 17, IS. 
 II. Of articles or things, 19. 
 
 I. Of persons, 
 a. In general. 
 
 % 1. Generally. 
 
 On official ballots, see ELECTIONS, 19a. 
 Nickname, see NICKNAME. 
 
 Validity and enforceability of contract in 
 consideration of naming child. 51 
 L.R.A.(N.S.) 1108. 
 
 Form of Christian name required by re- 
 cording acts. 24 L.R.A. 543. 
 
 Of locator in record of mining claim. 7 
 L.R.A.(N.S.) 868. 
 
 Under what surname may action be 
 brought. 2 L.R.A.(N.S.) 1089. 
 
 Of person summoned as grand juror. 27 
 L.R.A. 780, 783. 
 
 Character, as creating a condition precedent 
 or subsequent, of testamentary provi- 
 sion that beneficiary shall assume or 
 use a certain name. 7 B. R. C. 192. 
 
 Implied or apparent authority as to filling 
 in blank left for the name of the payee 
 in commercial paper. L.R.A.1918D, 
 1064. 
 
 2. Acquisition and use of. 
 
 Use of, in connection with business, see in- 
 fra, 17, 18. 
 
 Form of the Christian name. 14 L.R.A. 
 
 690. 
 
 "Junior" and "Senior." 14 L.R.A. 691. 
 Right to change name. 14 L.R.A. 692. 
 Business name. 14 L.R.A. 693. 
 Signature and indorsement on commercial 
 
 paper. 14 L.R.A. 693. 
 Name for carrying on suit. 14 L.R.A. 
 
 694. 
 Effect on criminal prosecutions. 14 L.R.A. 
 
 694. 
 
 Use of abbreviations. 14 L.R.A. 694. 
 Signature of Christian names by their 
 
 initials. 14 L.R.A. 694. 
 
 3. Abbreviations. 
 
 Use of. 14 L.R.A. 694. 
 
 Abbreviation of officer's name in acknowl- 
 edgment. 14 L.R.A. 815. 
 
 Use of, in books of account, as affecting 
 their admissibility in evidence. 52 
 L.R.A. 573. 
 
 4. Initials. 
 
 To show official character. 14 L.R.A. 815. 
 
 Sufficiency of, in signature. 14 L.R.A. 693, 
 694. 
 
 Signature of Christian names by their in- 
 itials. 14 L.R.A. 691. 
 
 Sufficiency of initials as signature by testa- 
 tor. L.R.A.1915D, 904. 
 
 Use of initials instead of Christian name 
 in publication of process. 28 L.R.A. 
 (N.S.) 436. 
 
 Effect of summons or notice to person by 
 wrong initial. 15 L.R.A. (N.S.) 129; 
 42 L.R.A.(N.S.) 151. 
 
 Consult also L.R.A. Digests of Cases. 
 
 NAME, I. a cont'd 
 
 Certainty and accuracy necessary in re- 
 spect to, in record or index relied on 
 as imparting constructive notice. 7 
 L.R.A.(N.S.) 415; 25 L.R.A.(N.S.) 
 1211; L.R.A.1915D, 1211. 
 
 Mistake in use of initials in conveyance as 
 affecting marketability of title. 38 
 L.R.A.(N.S.) 21. 
 
 5. Suffixes. 
 
 Use of terms "junior," and "senior." 14 
 L.R.A. 691. 
 
 6. Maiden name. 
 
 Publication of process against married wom- 
 an in her maiden name. 19 L.R.A. 
 (N.S.) 984. 
 
 7. Alias. 
 
 Necessity of proving that person bore both 
 real name and the alias by which the 
 indictment purports to describe him. 
 30 L.R.A.(N.S.) 134. 
 
 8. Fictitious or assumed name. 
 
 In negotiable instrument, see BILLS AND 
 NOTES, 13. 
 
 Use of fictitious name as affecting validity 
 of instrument. 39 L.R.A. 423. 
 
 Right of individual to transact business 
 and make contracts under an assumed 
 name. L.R.A.1915D, 982. 
 
 What name or designation are within stat- 
 utes requiring the filing of a certificate 
 giving certain information regarding 
 a business conducted under an assumed 
 or fictitious name or a designation not 
 showing the names of the persons in- 
 terested. L.R.A.1916D, 355. 
 
 Validity of contracts made by individual 
 or partnership under an assumed name 
 in violation of statute. L.R.A.1915D, 
 988. 
 
 Validity of sale by one conducting business 
 under fictitious name. 12 L.R.A. (N.S.) 
 600. 
 
 Sufficiency of assumed name as signature to 
 will. L.R.A.1915D, 904. 
 
 9. Business name. 
 
 Doing business under fictitious or assumed 
 name, see supra, 8. 
 
 Acquisition of business name by individual. 
 14 L.R.A. 693. 
 
 Liability of one who sells business for sup- 
 plies subsequently furnished therefor 
 on credit while it is being conducted 
 under the same name. L.R.A.1915F, 
 711. 
 
 Liability of principal adopting agent's oth- 
 er name as business name on paper 
 executed by him. 21 L.R.A.(N.S.) 
 1076. 
 
 10. Partnership name. 
 
 Doing business under fictitious or assumed 
 name, see supra, 8. 
 
 May a partnership sue or be sued in the 
 firm name. 29 L.R.A. (N.S.) 282.
 
 972 
 
 INDEX TO L.R.A. NOTES. 
 
 NAME, I. a cont'd 
 
 Validity of constructive service upon part- 
 nership in firm name. 29 L.R.A.(N.S.) 
 
 287. 
 
 11. Identity. 
 
 Presumption of identitv from. 17 L.R.A. 
 
 824. 
 Identity of name as evidence of identity 
 
 of person in criminal cases. 4 L.R.A. 
 
 (N.S.) 539. 
 
 12. Change of. 
 
 Right to change name. 14 L.R.A. 692; 
 L.R.A.1915D, 982. 
 
 Effect upon common-law right to change 
 one's name of statutes providing for 
 such change by judicial proceedings. 
 26 L.R.A.(N.S.) 1167. 
 
 Changing name of payee of note as a ma- 
 terial alteration. L.R.A.1915A, 166. 
 
 As interrupting statute of limitations. 39 
 L.R.A.(N.S.) 741. 
 
 13. In indictment. 
 
 Necessity in indictment for forgery, or ut- 
 tering forged instrument, of naming 
 person to whom instrument was 
 passed. 31 L."R.A.(N.S.) 1046. 
 
 Variance as to name of deceased as ground 
 for reversal in homicide. 38 L.R.A. 
 (N.S.) 187. 
 
 ft. Mistake in; omission of; idem 
 sonans. 
 
 14. Mistake in, generally. 
 
 Mistake in name in writ or process, see 
 WBIT AND PROCESS, 5, 6. 
 
 Effect of misnaming estate in granting let- 
 ters. 46 L.R.A. (N.S.) 274. 
 
 Correcting by second deed mistake in name 
 of grantee in first deed. 44 L.R.A. 
 (N.S.) 850. 
 
 Mistake as to name of juror in criminal 
 case as ground for arrest of judgment, 
 new trial, or reversal. 47 L.R.A. (N.S.) 
 714. 
 
 Mistake in name or description of corpora- 
 tion as affecting judgment by default 
 against it. L.R.A.1916F, 728. 
 
 Effect of mistake in name of payee in ne- 
 gotiable instrument. 22 L.R.A. (N.S.) 
 506. 
 
 Alteration of instrument to correct mis- 
 take in designation of partv. 31 L.R.A. 
 (N.S.) 127. 
 
 Misnomer of parties as ground for attacking 
 divorce decree. L.R.A.1917B, 439. 
 
 Misnomer of trustees in charitable bequest. 
 14 L.R.A.(N.S.) 107; 37 L.R.A. (N.S.) 
 1010. 
 
 Misnomer of beneficiary in bequest for chari- 
 ty or religion. 37 L.R.A.(N.S.) 1010. 
 
 Certainty and accuracy necessary in re- 
 spect of Christian names or initials in 
 record or index relied on as impart- 
 ing constructive notice. 7 L.R.A. 
 <N.S.) 415; 25 L.R.A.(N.S.) 1211; 
 L.R.A.1915D, 1211. 
 
 NAME, I. b cont'd 
 
 Liability of officer for making arrest by 
 
 wrong name. 51 L.R.A. 219. 
 As affecting marketability of title. 38 
 
 L.R.A. (N.S.) 21. 
 Variance as to name of deceased as ground 
 
 for reversal in homicide. 38 L.R.A. 
 
 (N.S.) 187. 
 Effect of misspelling name of person whose 
 
 signature is charged to have been 
 
 forged. 27 L.R.A. (N.S.) 1003. 
 
 15. Omission of. 
 
 Effect of omission of name in replevin bond 
 
 after it has served its purpose. 29 
 
 L.R.A. (N.S.) 749. 
 Omission of Christian name in publication 
 
 of process. 11 L.R.A. (N.S.) 676; 28 
 
 L.R.A.(N.S.) 436. 
 
 16. Idem sonans. 
 
 Applicability of doctrine of idem sonans to 
 
 interchange of "d" and "t." 18 L.R.A. 
 
 (N.S.) 643. 
 Applicability of doctrine of idem sonana 
 
 where final "s" is added or omitted. 
 
 52 L.R.A. (N.S.) 937. 
 Applicability of doctrine of idem sonans to 
 
 substituted or constructive service of 
 
 process. 30 L.R.A. (N.S.) 122; L.R.A. 
 
 1915B, 1149. 
 
 c. Use of name in connection with 
 business. 
 
 17. Generally. 
 
 As to business name, see supra, 9. 
 
 As part of good will of business. 15 L.R.z. 
 462. 
 
 Right of one selling business and good will 
 to use similar name in competing busi- 
 ness. 19 L.R.A.(N.S.) 765. 
 
 Use of, as infringement of common-law right 
 in intellectual productions. 51 L.R.A. 
 378; 43 L.R.A. (N.S.) 639. 
 
 Right to use of name on expiration of copy- 
 right or patent. 16 L.R.A.(N.S.) 550. 
 
 Right of action for use of name for adver- 
 tising purposes. 24 L.R.A. (N.S.) 991; 
 34 L.R,A.(N.S.) 1137; L.R.A.1915C. 
 839; L.R.A.1918D, 1152. 
 
 Provision in contract with independent cou 
 tractor prohibiting use of employer's 
 name. 65 L.R.A. 507. 
 
 18. Use of, as trademark or tradt> 
 name. 
 
 Trademark generally, see TRADEMARK. 
 Tradename generally, see TRADENAME. 
 
 Limitation of right to use one's own name 
 as tradename. 1 L.R.A. (N.S.) 660; 
 28 L.R.A.(N.S.) 934; L.R.A.1916C, 255. 
 
 Transferability of, as trademark. 1 L.R.A. 
 (N.S.) 711. 
 
 Right to use one's own name as a trade- 
 mark or tradename when already used 
 by another as affected by difference in 
 appearance in other respects. If 
 L.R.A.(N.S.) 731. 
 
 Begin ivith tJiis &oo7c on every law question.
 
 NAME cont'd 
 
 INDEX TO L.R.A. NOTES. 
 
 I NATURAL CHILDREN. 
 
 973 
 
 II. Of articles or things. 
 
 19. Generally. 
 
 Of association, see ASSOCIATIONS. 
 
 Of business establishment as part of good 
 
 will, see GOOD WILL, 5. 
 Trademark, see TRADEMABK. 
 Tradename, see TEADENAME. 
 
 Of mining claim as part of notice of loca- 
 tion. 7 L.R.A.(N.S.) 835. 
 
 Right of members of organization to pro- 
 tection in use of name which their ef- 
 forts have made valuable. 28 L.R.A. 
 (N.S.) 458. 
 
 Right at expiration of patent or copyright 
 to use of name by which article has 
 become known. 1 B. R. C. 649. 
 
 Warranty that seed sold is true to name. 
 37 L.R.A. (N.S.) 80; L.R.A.1916C, 1012. 
 
 Description of property by local appellation 
 as satisfying statute of frauds. 36 
 L.R.A. (N.S.) 151. 
 
 NAPHTHA. 
 
 In general, see EXPLOSIONS AND EXPLOSIVES. 
 
 Liability for injury to employee by explo- 
 sion of. L.R.A.1918B, 864. 
 
 Liability for injury to children from explo- 
 sion of naphtha left accessible to them. 
 L.R.A.1917A, 1297. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 NARCOTICS. 
 
 In general, see DRUGS AND DRUGGISTS. 
 
 As affecting testamentary capacity. 27 
 L.R.A. (N.S.) 31; L.R.A.1915A, 450. 
 
 NARROW CROSSING. 
 
 Liability of railroad company for injury by 
 collision of train at. 14 L.R.A. (N.S.) 
 315. 
 
 NARROW SEAS. 
 
 Jurisdiction over. 46 L.R.A. 266. 
 
 NATIONAL BANKS. 
 
 See BANKS, 45-48. 
 
 NATIONALITY. 
 
 Competency to testify as to one's nation- 
 
 ality. 37 L.RJMN.S.) 760. 
 Consult also L.R.A. Digests of Cases. 
 
 See ILLEGITIMACY. 
 
 NATURAL GAS. 
 
 In general, see GAS; MINES, 33. 
 
 Right to gas in railroad right of way as 
 between company and fee owner. 45 
 L.R.A.(N.S.) 803. 
 
 NATURAL HEIRS. 
 
 Meaning of term. 45 L.R.A. (N.S.) 1163. 
 
 NATURALIZATION. 
 
 See ALIENS, 5. 
 
 NATURAL RESOURCES. 
 
 Conservation of, see CONSTITUTIONAL LAW, 
 48. 
 
 ---- 
 
 NATURE. 
 
 Crime against nature, see SODOMY. 
 --+ 
 
 NAVAL RESERVATION. 
 
 Location of mining claim on. 
 (N.S.) 790. 
 
 7 L.R.A. 
 
 NAVIGABLE WATERS. 
 
 See WATERS, I. 
 
 NAVIGATION. 
 
 As to collision, see COLLISION. 
 Control of, see COMMERCE, 3. 
 Rights of, see WATERS, 18-21. 
 Improvement of, see WATERS, 19, 20. 
 Right to obstruct or destroy rights of, 
 see WATERS, 21. 
 
 Question relationg to, as a Federal question. 
 62 L.R.A. 538. 
 
 NAVY. 
 
 See ARMY AND NAVY.
 
 974 
 
 INDEX TO L.R.A. NOTES. 
 
 NEAR BEER. 
 
 Judicial notice as to intoxicating character 
 of. 48 L.R.A. (N.S.) 315, 316. 
 
 Constitutional power to prohibit or regulate 
 sale of. 26 L.R.A.(N.S.) 872. 
 
 NEAREST MALE HEIRS. 
 
 Meaning of devise to. 7 B. R. C. 982. 
 
 NEARSIGHTEDNESS. 
 
 Right to show, on issue of contributory neg- 
 ligence without allegation thereof. 
 L.R.A.1917D, 558. 
 
 NECESSARIES. 
 
 Furnished to married woman, see HUSBAND 
 
 AND WIFE, 7, 8a. 
 Wife's liability for, see HUSBAND AND WIFE, 
 
 21. 
 Furnished to infant, see INFANTS, 18, 
 
 19. 
 
 What supplies furnished in foreign port 
 
 are. 70 L.R.A. 403. 
 Power of guardian or committee of insane 
 
 to procure necessaries for family of his 
 
 ward. L.R.A.1917B, 678. 
 
 NECESSARY PARTIES. 
 
 See PARTIES, 27-32. 
 
 NECESSITY. 
 
 Way by, see EASEMENTS, 14. 
 
 Necessity for taking land by eminent do- 
 main, see EMINENT DOMAIN, 4. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 109. 
 
 For execution, see EXECUTION, 8. 
 
 For notice, see NOTICE, 2-4. 
 
 Work of, see SUNDAY, 6. 
 
 Question for jury as to, see TRIAL, 25. 
 
 Justifying entry on another's land. 20 
 L.R.A.(N.S.) 152. 
 
 NECROMANCY. 
 
 NE EXEAT. 
 
 As imprisonment for debt. 34 L.R.A. 671 j 
 
 L.R.A.1915B, 651. 
 What constitutes breach of ne exeat bond. 
 
 20 L.R.A. (N.S.) 70. 
 
 Xe exeat to prevent removal of property 
 from state. L.R.A.1916C, 407. 
 
 NEGATION. 
 
 Of defenses or exceptions in indictment, see 
 INDICTMENT, INFORMATION, AND COM- 
 PLAINT, 8. 
 
 NEGATIVE. 
 
 Use of, without consent of party paying for 
 
 same. 56 L.R.A. 397. 
 Negativing employee's knowledge of defects 
 
 and incompetency in pleading. 59 
 
 L.R.A. 266. 
 
 NEGATIVE EVIDENCE. 
 
 Proof of negative by books of account. 52 
 L.R.A. 719. 
 
 Proof of character by. 22 L.R.A. (N.S.) 
 666. 
 
 Establishment of good character by. 14 
 L.R.A. (N.S.) 696. 
 
 Admissibility of evidence that no previous 
 accident had ever happened from con- 
 dition complained of. 32 L.R.A. (X.S.) 
 1161. 
 
 Express authority to certain train employees 
 to eject trespassers as negativing im- 
 plied authority of other employees. 32 
 L.R.A. (N.S.) 1164. 
 
 NEGATIVE INFERENCES. 
 
 Admissibility 
 743. 
 
 in evidence. L.R.A.1918A, 
 
 NEGATIVE RELIEF. 
 
 Necessity of judgment to negative relief to 
 creditors in equity. 23 L.R.A. (N.S.) 
 15. 
 
 NEGLECT OF DUTY. 
 
 As ground for discharge of one employed in 
 Prohibition of fortune telling and kindred executive or supervisory capacity. 
 
 superstitions. 43 L.R.A. (N.S.) 203. L.R.A.1918C, 1038. 
 
 Begin -with this "book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 975 
 
 NEGLIGENCE. 
 
 I. As basis of action, 1-30. 
 
 a. lit general, 1-5. 
 
 b. Causing injury to person 
 
 or property, 6-3O. 
 
 1. In general, 6-12. 
 
 2. Dangerous agencies, 
 
 13-15. 
 
 (a) In general, 
 
 13, 14. 
 
 (b) Negligence of sell- 
 
 er or manufac- 
 turer, 15. 
 
 3. Dangerous premises, 
 
 1 6-23a. 
 
 (a) In general, 
 
 16-18. 
 
 (b) Liability to tres- 
 
 passers and 
 licensees, 
 2O-23a. 
 
 (1) In general, 
 
 20, 21. 
 
 (2) Children, 
 
 22-23a. 
 
 4. On highways, private 
 
 ways, or waters, 24- 
 29a. 
 
 5. Who liable, 3O. 
 
 11. Contributory negligence, 31-55. 
 a. Injury to person, 31-52. 
 
 1. In general, 31-35. 
 
 2. Of children or their 
 
 parents, 36, 37. 
 
 3. On higliways, 38-4O. 
 
 4. Imputed negligence, 
 
 41-49. 
 
 5. Last clear chance; hu- 
 
 manitarian doctrine, 
 50-52. 
 
 6. Where defendant's neg- 
 
 ligence ^cas wanton or 
 wilful, 52a. 
 
 "b. Injury to property, 53- 
 55. 
 
 I. As basis of action, 
 a. In general. 
 
 1. Generally. 
 
 Of title abstracter, see ABSTRACTS, 2. 
 
 Of expert accountant, see ACCOUNTANTS. 
 
 As to animals, see ANIMALS. 
 
 Of architect, see ARCHITECTS. 
 
 Of attorney toward client, see ATTORNEYS, 
 11. 
 
 Of corporate officers and directors, see COR- 
 PORATIONS, 52-59. 
 
 Of telegraph company, see TELEGRAPHS, III. 
 h. 
 
 Imputing attorney's negligence to client, 
 see ATTORNEYS, 17. 
 
 Habit as to, see CUSTOM AND USAGE, 2, 
 4. 
 
 Measure of damages for negligence in re- 
 gard to telegrams, see DAMAGES, 41, 
 102, 103, 117. 
 
 Estoppel by, see ESTOPPEL, 27. 
 
 Presumption and burden of proof as to, 
 see EVIDENCE, III. g. 
 
 Consult also L.R.A. Digests of Cases. 
 
 NEGLIGENCE, I. a cont'd 
 
 Opinion evidence as to, see EVIDENCE, 
 
 196. 
 Evidence of character or reputation to show, 
 
 see EVIDENCE, 253. 
 Evidence as to, generally, see EVIDENCE, 
 
 266-269. 
 Sufficiency of evidence of, see EVIDENCE, 
 
 294. 
 As a cause for, and as a bar to, injunctions 
 
 against judgments, see INJUNCTION, 
 
 57. 
 
 As affecting judgment, see JUDGMENT, 94. 
 Limitation of action based on, see LIMITA- 
 TION OF ACTIONS, 35, 40, 41, 51. 
 Pledgee's liability to pledgeor for negligence, 
 
 see PLEDGE AND COLLATERAL SECURITY, 
 
 III. a. 
 Reasonableness of matters relating to, see 
 
 REASONABLENESS, 5. 
 Of trustee in making investments, see 
 
 TRUSTS, 26a. 
 
 As to telegrams, see TELEGRAPHS, III. c. 
 Gross negligence, see GROSS NEGLIGENCE. 
 
 May action for alienation of affections rest 
 upon a negligent tort. L.R.A.1917B, 
 680. 
 
 Care required in selecting bank for deposit 
 of public funds. 7 L.R.A. (N.S.) 1084. 
 
 Care demanded of trustee to sell real es- 
 tate. 3 L.R.A.(N.S.) 415. 
 
 Of surety as affecting liability in case of 
 fraud of obligee. 21 L.R.A. 413. 
 
 Of party against whom judgment has been 
 obtained on unauthorized appearance 
 by attorney. 21 L.R.A. 857. 
 
 Effect of negligence on right to equitable 
 relief from contract by which one has 
 been overreached. 5 L.R.A. (N.S.) 799. 
 
 As affecting right to relief from mistake of 
 law as to effect of instrument. 28 
 L.R.A. (N.S.) 882. 
 
 Effect of shipper's negligence on passing 
 of title by delivery to carrier. 22 
 L.R.A. 417. 
 
 Liability of vendor of seeds. 37 L.R.A. 
 (NiS.) 79. 
 
 Liability for negligence in furnishing re-^ 
 lief to poor person, 39 L.R.A. ( N.S. ) 
 168. 
 
 Liability of insurance broker to insured for 
 negligence. 38 L.R.A. (N.S.) 631. 
 
 Liability of notary, or other officer for neg- 
 ligence in certifying to acknowledgment 
 or affidavit. 49 L.R.A.(N.S.) 47. 
 
 Liability of engineer for negligence in issu- 
 ing certificates. 4 B. R. C. 859. 
 
 Negligence in extending credit to person in 
 whose name title to real property is 
 permitted to stand by real owner. 30 
 L.R.A.(N.S.) 13. 
 
 Carrier's liability to bona fide holder on 
 bill of lading negligently issued by 
 agent without delivery of any goods to 
 carrier. 22 L.R.A. (N.S.) 828. 
 
 Of maker of note, execution of which was 
 obtained by fraud. 36 L.R.A. 437. 
 
 Right of convicted person to maintain an 
 action against witness for negligently 
 giving false evidence. 3 B. R. C. 251.
 
 976 
 
 INDEX TO L.R.A. NOTES. 
 
 NEGLIGENCE, I. a cont'd 
 
 2. or bank or bank officers. 
 
 Of bank in paying checks, see BANKS, 
 
 2:5-25. 
 In collection of commercial paper, see BANKS, 
 
 31-35. 
 
 Negligence of officers, see BANKS, 7. 
 Recovery back of money negligently paid 
 
 to one presenting negotiable paper, see 
 
 BANKS, 28, 29; BILLS AND NOTES, 
 
 ** O 
 1 3. 
 
 3. Effect of, on broker's right to coin- 
 missions. 
 
 Of principal, as affecting real estate broker's 
 right to commissions. 43 L.R.A. 593. 
 
 Of real estate broker as affecting his right 
 to commissions. 45 L.R.A. 39. 
 
 4. Effect of, on liability of personal 
 representative. 
 
 Personal liability of executor or adminis- 
 trator to distributees for interest where 
 settlement of estate is delayed by negli- 
 gence of attorneys. 31 L.R.A. (N.S.) 
 359. 
 
 Liability of personal representative for neg- 
 ligence in management of business car- 
 ried on by him on behalf of estate. 
 .40 L.R.A.(N.S.) 214. 
 
 Liability for personal injury resulting from 
 negligence in care or management of 
 
 property of estate. 
 379. 
 
 38 L.R.A.(N.S.) 
 
 5. Negligent breach of contract. 
 
 Tort for negligent breach of contract be- 
 tween private parties. 12 L.R.A. 
 (N.S.) 924. 
 
 Sufficiency of compliance with provisions in 
 employers' liability or other indemnity 
 policies requiring immediate notice of 
 accident, claim, or suit. 3 B. R. C. 723. 
 
 b. Causing injury to person or prop- 
 erty. 
 
 1. In general. 
 
 6. Generally. 
 
 Act of God as negligence, see ACT OF GOD. 
 
 In connection with places of amusement, 
 see AMUSEMENTS, 5-7. 
 
 As to animals, see ANIMALS. 
 
 Negligence of architect, see ARCHITECTS. 
 
 Of owner of boat livery, see BOAT LrvEBY. 
 
 Negligence in blasting, see BLASTING. 
 
 As to bridges, see BRIDGES. 
 
 In regard to fire escapes, see BUILDINGS, 
 5. 
 
 Liability for communicating contagious dis- 
 ease, see CONTAGIOUS DISEASES, 2. 
 
 Liability of elevated railroad company for 
 injury to person on surface of street, 
 see ELEVATED RAILROADS, 4. 
 
 In use of elevators, see ELEVATORS, 3-7. 
 
 NEGLIGENCE, I. b, 1 cont'd 
 
 Liability of innkeepers, see INNKEEPERS, 
 6-12. 
 
 Liability for injury to person confined in 
 jail or prison, see JAILS AND PRISONS. 
 2-4. 
 
 Joint liability in case of, see JOINT CRED- 
 ITORS AND DEBTORS, 3-7. 
 
 Of master, see MASTER AND SERVANT, III, a. 
 
 Liability for safety of wharf or dock, see 
 WHARVES, 7. 
 
 Limitation of carrier's liability for injury 
 from, see CARRIERS, 28, 29, 91, 128- 
 135. 
 
 To passenger, see CARRIERS, III. j ; ELE- 
 VATED RAILROADS, 3. 
 
 Limitation of carrier's liability in case of, 
 see CARRIERS, 132. 
 
 Measure of damages for negligence of car- 
 rier towards passenger, see DAMAGES, 
 15, 43-45, 105. 
 
 Measure of damages against carrier for neg- 
 ligence as to baggage, see DAMAGES, 
 15, 46, 106. 
 
 Measure of damages against carrier for neg- 
 ligence as to freight, see DAMAGES, 
 47, 118. 
 
 Measure of damages for negligent injury, 
 see DAMAGES, 18, 57-67, 100, 101. 
 
 Measure of damages for negligent injury to 
 personalty, see DAMAGES, 68. 
 
 Measure of damages for injury to realty, see 
 DAMAGES, 71-79. 
 
 Right of action for death caused by negli- 
 gence, see DEATH, II. 
 
 Physical examination in negligence action, 
 see DISCOVERY AND INSPECTION. 
 
 Effect of intoxication, see DRUNKENNESS, 
 5-9. 
 
 Negligent homicide, see HOMICIDE. 
 
 Of physician or surgeon, see PHYSICIANS 
 AND SURGEONS, III. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, III. g. 
 
 Proximate cause of negligent injury, see 
 PROXIMATE CAUSE. 
 
 Release of claim for, see RELEASE. 
 
 Liability of school district for, see SCHOOLS, 
 31. 
 
 In operation of railroad, see RAILROADS. 
 
 Question for jury as to, see TRIAL, 39- 
 44. 
 
 Gross negligence, see GROSS NEGLIGENCE. 
 
 Liability of owner or occupant of land for 
 spread of weeds or noxious vegetation 
 to adjoining premises. 52 L.R.A. 293. 
 
 Liability of railroad company for injury 
 to persons, not employees, caused by 
 defectively loaded car. 26 L.R.A. 
 .(N.S.) 204. 
 
 Liability for damages caused by shutting off 
 water or gas from premises. 21 L.R.A. 
 (N.S.) 468. 
 
 In respect to safety of wharf or dock. 61 
 L.R.A. 946. 
 
 Liability for injury caused by fright, see I As to ambulance. 38 L.R.A. (N.S.) 482. 
 
 FRIGHT, 2, 3. 
 
 Of or towards incompetent persons, see IN- 
 COMPETENT PERSONS, 11, 12. 
 
 Towards infant, see INFANTS, 37-39. 
 
 Liability of infants for, see INFANTS, III. c. 
 
 Begin \vitli this ftoofc on every law question. 
 
 Duty and liability to inspectors who enter 
 premises in performance of their duty. 
 31 L.R.A.(N.S.) 380. 
 
 Liability for personal injury to one using 
 telephone. 36 L.R.A. (N.S.) 279.
 
 INDEX TO L.R.A. NOTES. 
 
 977 
 
 NEGLIGENCE, I. b, 1 cont'd 
 
 Liability for injuries to one blinded by 
 headlight. 42 L.R.A. (N.S.) 876; 48 
 L.R.A.(N.S.) 827. 
 
 Liability for injuries to buildings on ad- 
 joining land by negligent removal of 
 lateral support of the soil. 6 L.R.A. 
 (N.S.) 243. 
 
 Duty as to maintenance and repair of re- 
 taining wall. L.R.A.1917F, 683. 
 
 Liability for injuries from matter precipi- 
 tated upon adjoining property. 36 
 L.R.A. (N.S.) 1171. 
 
 Care required in sudden emergency not to 
 injure another person. 37 L.R.A. 
 (N.S.) 60. 
 
 Liability of private person for damages in 
 abating a nuisance. L.R.A.1917C,.1042. 
 
 Liability of one who renders ice unsafe for 
 skating or travel. L.R.A.1918A, 408. 
 
 How far statutes imposing liability for 
 negligence regarded as abrogating max- 
 im that one cannot profit by his own 
 wrong. 25 L.R.A. 572. 
 
 Power to require one who has caused injury 
 
 to identify himself. 
 622. 
 
 40 L.R.A. (N.S.) 
 
 May one recover for injuries which would 
 have been avoided by performance of 
 defendant's duty toward another. 46 
 L.R.A. (N.S.) 338. 
 
 Liability of street railway company for 
 damages in removing obstructions from 
 . its tracks. 43 L.R.A. (N.S.) 12(5. 
 
 Prenatal injury to infant as ground of 
 action. 45~ L.R.A. (N.S.) 625. 
 
 Permitting articles to roll down hillside or 
 decline. L.R.A.1915B, 426. 
 
 Claim against state for damages from. 42 
 L.R.A. 64. 
 
 Power of equity to take jurisdiction because 
 of multiplicity of actions at law for 
 personal injuries growing out of a sin- 
 gle tort. 40 L.R.A. (N.S.) 464. 
 
 Right of one to testify as to his intent in 
 
 NEGLIGENCE, I. b, 1 cont'd 
 
 Right to recover for ordinary negligence un- 
 der allegation of gross, wilful, or wan- 
 ton negligence, or vice versa. 69 L.R.A. 
 601. 
 
 Denial upon information and belief as to 
 negligence. 30 L.R.A. (N.S.) 777. 
 
 Right to plead inconsistent defenses in ac- 
 tions relating to. 48 L.R.A. 197. 
 
 8. Concurrent negligence of third 
 person. 
 
 In injury to servant generally, see MASTER 
 
 AND' SERVANT, 49. 
 Concurring negligence of master and fellow 
 
 servant, see 
 133, 134. 
 
 MASTER AND SERVANT, 
 
 Effect of intervening act on recovery for 
 
 personal 
 105. 
 
 injury. 48 h.R.A.(N.S-) 
 
 cases involving negligence. 
 (N.S.) 399. 
 
 23 L.R.A. 
 
 Effect of admission to change burden of 
 proof and right to open and close in 
 action for negligence. 61 L.R.A. 538, 
 557. 
 
 Statements made some time after accident 
 as res gestce. 42 L.R.A. (N.S.) 917. 
 
 Exceptions to rule as to functions of court 
 and jury in negligence cases. 15 L.R.A. 
 
 Requisites of special verdict in negligence 
 action. 24 L.R.A. (N.S.) 21. 
 
 Federal courts following state decisions as 
 to. 40 L.R.A. (N.S.) 437. 
 
 7. Pleading. 
 
 Plaintiff's pleading in action for injury by, 
 see PLEADING, 23-30. 
 
 Alleging in single count two or more acts 
 of negligence capable of contributing to 
 injury. 27 L.R.A. (N.S.) 792. 
 
 Right to join in one complaint claims of 
 
 ordinary and gross negligence arising 
 out of one state of facts. 31 L.R.A. 
 (N.S.) 158. 
 Consult also L.R.A. Digests of Cases. 62 
 
 Where defendant's negligence is the efficient 
 and proximate cause of the injury. 
 17 L.R.A. 33. 
 
 Where the negligence of both persons was 
 necessary to produce the injury. 
 17 L.R.A. 35. 
 
 Where the third person's negligence is the 
 cause of the injury. 17 L.R.A. 38. 
 
 Intoxication of person injured as affecting 
 liability in case of concurrent negli- 
 gence. '40 L.R.A. 139. 
 
 Liability of negligence with respect to elec- 
 tric current as affected by third per- 
 son's concurring negligence. 7 L.R.A. 
 (N.S.) 293. 
 
 Liability of one responsible for a fire for 
 destruction of property after such fire 
 united with another for which he was 
 not responsible. 48 L.R.A. (N.S.) 700. 
 
 Effect of negligence of third persons contrib- 
 uting to negligent homicide. 61 L.R.A. 
 298. 
 
 9. Criminal negligence. 
 
 In general, see CRIMINAL LAW, 30; HOMI- 
 CIDE, 15. 
 
 Effect of negligence in treatment or care 
 of wound on responsibility for homicide, 
 see HOMICIDE, 25. 
 
 10. Violation of statute or ordinance. 
 
 By employer, see MASTER AND SERVANT, 
 
 54, 55. 
 By street railway company, see STREET 
 
 RAILWAYS, 11, 13. 
 
 Disobedience of statute as negligence. 9 
 L.R.A. (N.S.) 339. 
 
 Private action for violation of statute not 
 expressly conferring it. L.R.A.1915E, 
 500. 
 
 Private action for violation of statutes 
 regulating dangerous wares. 9 L.R.A. 
 (N.S.) 382. 
 
 Violation of statute prohibiting or regu- 
 lating sale of poisons as civil negli- 
 gence. 30 L.R.A. (N.S.) 522. 
 
 Violation of statute or ordinance relating 
 
 to explosives as negligence per se 
 giving right of private action. 
 48 L.R.A. (N.S.) 879.
 
 978 
 
 INDEX TO L.R.A. NOTES. 
 
 NEGLIGENCE, I. b, 1 cont'd 
 
 Violation of police ordinance as ground for 
 private action. 5 L.R.A. (N.S.) 253. 
 
 Violation of speed limits by automobile as 
 negligence. 25 L.R.A. (N.S.) 40. 
 
 Violation of statute or ordinance giving one 
 vehicle right of way as against another 
 as affecting liability for injury. L.R.A. 
 1915D, 1021; L.R.A.1917D, 693. 
 
 Violation of ordinance as to part of street 
 or highway to be used by vehicles as 
 negligence. L.R.A.1916C, 999. 
 
 Violation of ordinances as to leaving horse 
 unhitched in highway. 10 L.R.A. 
 (N.S.) 854. 
 
 May wrongdoer take 'advantage of general 
 statutory imposition of damages for 
 negligent injuries? 28 L.R.A. 749. 
 
 Denial of liability for negligence in failing 
 to take precautions required by 
 statute, on ground that they would 
 have been insufficient to prevent 
 injury. 21 L.R.A. 723. 
 
 Requisites of averments in complaint as to 
 causal connection between violation of 
 ordinance by railroad company and in- 
 jury. 8 L.R.A. (N.S.) 987. 
 
 11. Liability for another's negli- 
 gence. 
 
 Liability of carrier for negligence of serv- 
 ant toward passenger, see CARRIERS, 
 III. 
 
 Master's liability for negligence of fellow 
 servant, see MASTER AND SERVANT, III. 
 d. 
 
 Liability of master for negligence of servant, 
 see CARRIERS; MASTER AND SERVANT, 
 IV., VI. 
 
 Liability of municipality for negligence of 
 employees or agents, see MUNICIPAL 
 CORPORATIONS, 81-84. 
 
 Liability of parent for negligence of child, 
 see PARENT AND CHILD, 10. 
 
 Liability of proprietor of private sanita- 
 rium or hospital for negligence of 
 nurse or attendant. 6 L.R.A. (N.S. ) 
 306; L.R.A.1915D, 334. 
 
 Liability of educational institution for neg- 
 ligence of instructor causing injury to 
 pupil. 2 L.R.A. (N.S.) 556. 
 
 12. Care due to sick or otherwise 
 helpless person to whom no con- 
 tract relation is sustained. 
 
 In general. 69 L.R.A. 513. 
 
 No duty between strangers. 69 L.R.A. 513. 
 
 Principles which determine duty in certain 
 relations. 69 L.R.A. 514. 
 
 Duty to avoid injury. 69 L.R.A. 518. 
 
 Duty of persons inflicting injury to care 
 for those injured. 69 L.R.A. 533. 
 
 Knowledge of disability. 69 L.R.A. 536. 
 
 Duty to discover another's peril or disabil- 
 ity. 69 L.R.A. 539. 
 
 Presumptions in absence of actual knowl- 
 edge of disability. 69 L.R.A. 550. 
 
 Begin ivith tJiis ItooTc on every law question. 
 
 NEGLIGENCE, I. b cont'd 
 
 2. Dangerous agencies, 
 (a) In general. 
 
 13. Generally. 
 
 Automobile as dangerous agency, see AU- 
 TOMOBILES. 
 
 Negligence in blasting, see BLASTING. 
 
 In regard to electricitv, see ELECTRICITY, 
 10-17. 
 
 Negligent injury by explosion generally, see 
 EXPLOSIONS A'ND EXPLOSIVES, 3-9. 
 
 Liability for negligence in escape and ex- 
 plosion of gas, see GAS, 11-14. 
 
 Negligent injury bv fire, see FIRE, 3-11 ; 
 RAILROADS, 77, 78. 
 
 Negligence as to firearms, see FIREARMS. 
 
 Negligence in displaying fireworks, see 
 FIREWORKS, 2. 
 
 Private action for violating statutes regu- 
 lating sales of commodities inimical to 
 public welfare. L.R.A.1915E, 560. 
 
 Private action for violation of statutes reg- 
 ulating dangerous wares. 9 L.R.A. 
 (X.S.) 382. 
 
 Doctrine of attractive nuisance as applied 
 to road vehicles. 50 L.R.A. (N.S. i 
 1147. 
 
 Liability to servants of other persons for 
 injuries by. 46 L.R.A. 116. 
 
 Effect of servant's wantonness, malice, or 
 personal motive in using dangerous 
 agency on contributory negligence of 
 person injured. 10 L.*R.A. (N.S.) 403. 
 
 14. Vapors; gases; oil: waters. 
 
 Escape and explosion of gas generally, see 
 GAS, 11-14. 
 
 Liability for turning steam or other dan- 
 gerous vapors or gasses into sewer. 15 
 L.R.A. (N.S.) 957. 
 
 Liability of one for injury caused by es- 
 cape of dangerous substance stored 
 on his premises. 15 L.R.A. iN.>. 
 535. 
 
 (It) Negligence of seller or manufac- 
 turer. 
 
 15. Generally. 
 
 Liability of druggist, see DRUGS AND DRUG- 
 GISTS, 5. 
 
 Liability of seller for injury by unwhole- 
 some food, see FOOD, 5. 
 
 Liability of manufacturer of dangerous ar- 
 ticle. 15 L.R.A. 818. 
 
 Liability of manufacturer, packer, or vendor 
 to persons not in privity of contract, 
 for injuries from defects in article sold. 
 19 L.R.A.(N.S-) 923; 48 L.R.A.(N.S.i 
 213; L.R.A.1916B, 879. 
 
 Liability of manufacturer of dangerously 
 defective machine. 2 L.R.A. (N.S.) 
 303; 5 L.R.A.(N.S.) 1103. 
 
 Liability of seller to purchaser's servant 
 for injuries caused by condition of 
 goods delivered. 46 L.R.A. 108. 
 
 Liability of dealer for personal injuries 
 from article not obviously dangerous. 
 13 L.R.A.(N.S.) 382.
 
 INDEX TO L.R.A. NOTES. 
 
 979 
 
 NEGLIGENCE, I. b, 2, (b) cont'd 
 
 Liability of manufacturer or dealer for per- 
 sonal injuries caused by defects in au- 
 tomobile. 37 L.R.A.(N.S.) 560; L.R.A. 
 1915E, 287; L.R.A.1916F, 704. 
 
 Duty of vendor of dangerous goods to warn 
 purchaser. 3 B. R. C. 449. 
 
 Liability of seller for damage to live stock 
 by improper food or medicine. L.R.A. 
 1916B, 1108. 
 
 Liability of one who sells dangerous instru- 
 mentality to child in violation of stat- 
 ute, or ordinance for injury inflicted 
 thereby upon child or third person. 
 L.R.A.1915C, 460. 
 
 Negligence in manufacture of explosives. 
 29 L.R.A. 718. 
 
 Applicability of rule res ipsa loquitur to 
 explosion of bottle. L.R.A.1916E, 
 1078. 
 
 Right of one liable for damages from de- 
 fective article to recover over against 
 vendor or manufacturer. L.R.A.1915C, 
 336. 
 
 Personal injuries as element of damages for 
 breach of warranty. 3 L.R.A. (N.S.) 
 1047. 
 
 Duty of employer as to inspection of in- 
 strumentalities manufactured by him- 
 sejf. 41 L.R.A. 70. 
 
 Contributory negligence as defense in case 
 of explosion of oil below standard. 38 
 L.R.A. (N.S.) 412. 
 
 Use of article or appliance with knowledge 
 of defects therein as affecting liability 
 of manufacturer or vendor for conse- 
 quential damages caused thereby. 
 L.R.A.1918B, 204. 
 
 3. Dangerous premises. 
 , (a) In general. 
 
 16. Generally. 
 
 Duty as to fire escapes on building, see 
 BUILDINGS, 5. 
 
 Defective condition at station, see CARRIERS, 
 70-72. 
 
 As to elevators, see ELEVATORS, 3-7. 
 
 Liability for injury by falling objects, see 
 FALLING OBJECTS. 
 
 Inn premises, see INNKEEPERS, 10. 
 
 Liability of landlord for injury from de- 
 fect in premises, see LANDLORD AND 
 TENANT, 58-72. 
 
 At railroad crossing, see RAILROADS, 58- 
 70. 
 
 Liability of school district or school cor- 
 poration as to, see SCHOOLS, 31. 
 
 Liability of owner of private residence for 
 injury to person invited therein. 13 
 L.R.A. (N.S.) 442. 
 
 Liability to invitee who departs from reg- 
 ular walk or way in going to or from 
 premises. L.R.A.1916F, 280. 
 
 Duty as to entrances to building located 
 on street with ascending grade. 22 
 L.R.A. (N.S.) 730. 
 
 Duty of store or shopkeeper toward cus- 
 tomer to condition of premises. 21 
 L.R.A. (N.S.) 456; L.R.A.1915F, 572. 
 
 Consult also L.R.A. Digests of Cases. 
 
 NEGLIGENCE, I. b, 3, (a) cont'd 
 
 Applicability of rule res ipsa loquitur as 
 between storekeeper and customer. 16 
 L.R.A. (N.S.) 931. 
 
 Liability for injury to clothing worn by 
 customer or patron. 43 L.R.A. (N.S.) 
 328. 
 
 To whom is the duty to keep office building 
 in proper condition, owing. 26 L.R.A. 
 (N.S.) 1213. 
 
 Liability of owner of building in process of 
 erection for injury to contractor or lat- 
 ter's employees from defects existing at 
 the time they commence to work. 22 
 L.R.A.(N.S.) 857. 
 
 Liability of county for injury to real prop- 
 erty on account of condition of build- 
 ings. 39 L.R.A. 70. 
 
 Presumption of negligence from occurrence 
 of accident to person on defendant's 
 premises. 15 L.R.A. 35. 
 
 17. Liability for dangerous condition 
 of private grounds lying open be- 
 side highway or frequented path. 
 
 In general. 26 L.R.A. 686; L.R.A.1918A, 
 
 849. 
 Duty as to uninclosed property. 26 L.R.A. 
 
 687; 5 L.R.A.(N.S.) '733. 
 Suffering the use of property for a footpath. 
 
 26 L.R.A. 688; L.R.A.1918A, 856. 
 Duty and liability of owner of land which 
 
 appears to be part of a public street or 
 
 highway. 51 L.R.A. (N.S.) 1215. 
 Excavations or obstructions immediately ad- 
 joining highways. 26 L.R.A.689; 
 
 L.R.A.1918A, 850. 
 Duty to trespasser with respect to. 5 L.R.A. 
 
 (N.S.) 733. 
 Excavations not immediately adjacent to 
 
 highway. L.R.A.1918A, 853. 
 Devotion to public use. 26 L.R.A. 692; 
 
 L.R.A.1918A, 859. 
 
 Obstructions in street. 26 L.R.A. 693. 
 Private ways. 26 L.R.A. 693. 
 Excavations adjacent to private way. 
 
 L.R.A.1918A, 858. 
 
 Statutory liability. 26 L.R.A. 693. 
 Property raised above street. 26 L.R.A. 
 
 693. 
 Highway raised above lot. L.R.A.1918A, 
 
 856. 
 Excavation older than highway. 26 L.R.A. 
 
 693. 
 
 g 18. To fireman or policeman. 
 
 Liability of owner of property for injury to 
 fireman or policeman in discharge of 
 duty. 30 L.R.A.(N.S.) 60; L.R.A. 
 1916B, 792. 
 
 (b) Liability to trespassers and li- 
 censees. 
 
 (1) In general. 
 
 20. Generally. 
 
 Duty of carrier toward licensees and tres- 
 passers at stations and on trains, see 
 CARRIERS, 54, 55, 58, 72. 
 
 Duty and liability to trespasser generally, 
 see TRESPASSERS, 3.
 
 980 
 
 INDEX TO L.R.A. NOTES. 
 
 NEGLIGENCE, I. b, 3, (b), (1) cont'd 
 
 Duty of owner of premises to protect li- 
 censee against hidden dangers. 17 
 L.R.A. (N.S.) 916. 
 
 Liability to servants of other persons enter- 
 ing premises as licensees. 46 L.R.A. 59. 
 
 Liability to trespasser for dangerous condi- 
 tion of private grounds lying open be- 
 side a highway or frequented path. 5 
 L.R.A.(N.S.) 733; L.R.A.1918A, 849. 
 
 Duty to member of public on private way 
 used by public ' generally. 21 L.R.A. 
 (N.S.) 977. 
 
 Is one who goes upon property on business 
 with the owner deprived of the right to 
 protection against defects by the fact 
 that he temporarily turns aside to pur- 
 sue a purpose of his own. 14 L.R.A. 
 (N.S.) 1118. 
 
 Duty of owner of land which licensees are 
 accustomed to cross, to guard against 
 injuries in consequence of changes in 
 the condition. 13 L.R.A. (N.S.) 1126; 
 39 L.R.A.(N.S.) 217. 
 
 Duty and liability of owner to one on prem- 
 ises for purpose of seeing his employees. 
 24 L.R.A.(N.S.) 497. 
 
 Injury to one examining industrial plant. 
 21 L.R.A. (N.S.-) 466. 
 
 Causing trespasser to jump from moving 
 wagon as actionable misconduct. 31 
 L.R.A. (N.S.) 1064. 
 
 Liability of owner of elevator for injury to 
 trespassers or licensee. 15 L.R.A. 
 (N.S.) 402. 
 
 Measure of (luty of company maintaining 
 electric wires on another's premises to- 
 ward trespasser or licensee on such 
 premises. 3 L.R.A. (N.S.) 988; 34 
 L.R.A.(N.S.) 1089. 
 
 Liability to trespasser or bare licensee 
 from active as distinguished from 
 passive negligence. 36 L.R.A. 
 (N.S.) 492. 
 
 Employer's liability for negligent work of 
 independent contractor dangerous to 
 persons invited onto his premises. 65 
 L.R.A. 855. 
 
 Liability for injury to bystander watching 
 progress of work. L.R.A.1916F, 117. 
 
 21. Spring gun, man trap, etc. 
 
 Liability for killing or injuring trespassers 
 by means of spring guns, traps, 
 and other dangerous instruments. 
 29 L.R.A. 154; 24 L.R.A. (N.S.) 
 369. 
 
 Criminal responsibility for death caused by 
 spring gun on one's own premises. 14 
 L.R.A.(N.S.) 346. 
 
 (2) Children. 
 
 22. Generally. 
 
 Duty of property owner to trespassing 
 
 child. 32 L.R.A.(N.S.) 559. 
 Liability of lessor for injury to trespassing 
 
 child. L.R.A.1916F, 1135. 
 Injuries to children because of dangerous 
 
 condition of private grounds lying open 
 
 beside a highway or frequented path. 
 
 L.R.A.1918A, 860. 
 
 Begin with this book on every law question. 
 
 NEGLIGENCE, I. b, 3, (b), (2) cont'd 
 Duty ifi stringing electric wires to guard 
 
 against danger to children. L.R.A. 
 
 1918E, 1039. 
 
 23. Dangerous attractions; tnrn- 
 tables. 
 
 Attractive nuisance. 19 L.R.A. (N.S.) 1094. 
 
 Wreck as attractive nuisance. L.R.A.1917F, 
 1031. 
 
 Doctrine of attractive nuisance as applied 
 to road vehicles. 50 L.RJMN.S.) 
 1147. 
 
 Liability for injury to children from explo- 
 sives left accessible to them. 14 L.R.A. 
 (N.S.) 586; 24 L.R.A.(N.S.) 1257; 
 L.R.A.1917A, 1295. 
 
 Duty to child trespassing on cars. 32 
 L.R.A. (N.S.) 572. 
 
 Liability of railroad companies for injury 
 to children playing on turntables. 14 
 L.R.A. 781; 4 L.R.A. (N.S.) 80; 16 
 L.R.A. (N.S.) 1129. 
 
 Contributory negligence of chjld injured on 
 turntable. L.R.A.1917F, 111. 
 
 Duty to guard against injury to trespass- 
 ing children by fire. 39 L.R.A. (N.S.) 
 1058; L.R.A.1917F, 1036. 
 
 23a. hot water or ashes; ponds, 
 
 etc. 
 
 Doctrine of "attractive nuisance" as ap- 
 plied to injury from hot water or ashes. 
 
 3 L.R.A.(N.S.) 149; 19 L.R.A.(N.S.) 
 
 1124. 
 Doctrine of "attractive nuisance" as applied 
 
 to ponds, reservoirs, waterways, etc. 
 
 19 L.R.A.(N.S.) 1143; 47 L.R.A. 
 
 (N.S.) 1101. 
 
 23b. walls, fences, etc. 
 
 Doctrine of attractive nuisance as applied 
 to walls, fences, etc. L.R.A.1915D, 
 160. 
 
 4. On highivays, private ivays, or 
 waters. 
 
 24. Highways. 
 
 .As to areaway, see AREA WAY, 2. 
 
 Negligence of owner or operator of auto- 
 mobile, see AUTOMOBILES, 2, 3. 
 
 Liability for injury by falling object, see 
 FALLING OBJECTS. 
 
 As to liability for defect in highway, see 
 HIGHWAYS, 56a-95. 
 
 Liability for frightening horse, see HORSES, 
 7-13. 
 
 At railroad crossing, see RAILROADS, 58- 
 70. 
 
 In operation of railroad trains longitudi- 
 nally along public street, see RAIL- 
 ROADS, 52a. 
 
 Of street railway companies, see STREET 
 RAILWAYS, 10-19. 
 
 Question for jury as to, see TRIALS, 42. 
 
 Doctrine of "attractive nuisance" as applied 
 
 to attractions in highway. 19 L.R.A. 
 
 (N.S.) 1154. 
 Applicability of res ipsa loquitur to injury 
 
 by vehicle on highway. 32 L.R.A. 
 
 (N.S.) 1177.
 
 INDEX TO L.R.A. NOTES. 
 
 981 
 
 NEGLIGENCE, I. b, 4 cont'd 
 Duty of driver to guard against persons 
 coming in contact with sides or 
 rear of vehicle. 36 L.R.A. (N.S.) 
 1094. 
 Reciprocal duties of bicyclists and other 
 
 persons traveling on highwavs. 47 
 
 L.R.A. 292. 
 
 Driving blind horse as negligence or con- 
 tributory negligence. 48 L.R.A. (N.S.) 
 
 141. 
 Precautions to be observed when about to 
 
 stop vehicle in highway. 46 L.R.A. 
 
 (N.S.) 644. 
 Liability for striking one engaged about an 
 
 automobile in a highwav. L.R.A. 
 
 1917B, 319. 
 Duty owed to others by one blinded by light 
 
 on highway. L.R.A.1917E, 1045. 
 Signal of traffic officer as affecting duty of 
 
 travelers to exercise care. L.R.A. 
 
 1917B, 137. 
 
 Sufficiency of general allegations of negli- 
 gence in management of carriages in 
 
 highway. 59 L.R.A. 273. 
 
 25. rule of the road. 
 
 Violation of, as contributory negligence, 
 see infra, 40. 
 
 Law of the road as applied to bicyclists. 
 
 47 L.R.A. 293. 
 
 Applicability of rule of road where high- 
 way is being used for other than ordi- 
 nary purpose of travel. L.R.A.1915E, 
 1028. 
 
 Rule of the road governing vehicles pro- 
 ceeding in the same direction. 41 
 L.R.A.(N.S.) 337. 
 
 Rules of the road governing vehicles pro- 
 ceeding in opposite directions. 41 
 L.R.A.(N.S.) 322. 
 
 Rule of the road as affecting street cars and 
 vehicles meeting or passing. 42 
 L.R.A. (N.S.) 3188. 
 
 Turning to wrong side of road to avoid ap- 
 proaching vehicle which is itself on 
 wrong side, as contributory negligence 
 on the part of a plaintiff, or negligence 
 on the part of a defendant. 7 B. R. C. 
 705. 
 
 Rules of road governing vehicles at inter- 
 section of streets and when turn- 
 ing across street. 41 L.R.A. (N.S.) 
 346. 
 
 Law of the road as affecting pedestrian 
 injured by automobile. 38 L.R.A. 
 (N.S.) 496. 
 
 Violation of ordinance as to part of street 
 or highway to be used by vehicles as 
 negligence. L.R.A.1917C, 999. 
 Violation of statute or ordinance giving one 
 vehicle right of way over another as 
 affecting liability for injury. 5 L.R.A. 
 (N.S.) 252, 256; L.R.A.1915D, 1021; 
 L.R.A.1917D, 693. 
 
 26. speed. 
 
 Speed of automobiles, see AUTOMOBILES, 5. 
 
 Duty as to speed owed to others by one 
 blinded by light on highway. L.R.A. 
 1917E, 1045. 
 
 Consult also L.R.A. Digests of Cases. 
 
 NEGLIGENCE, I. b, 4 cont'd 
 
 Violation of ordinance against fast or 
 reckless driving as ground for private 
 action. 5 L.R.A. (N.S.) 254. 
 
 Admissibility in prosecution for driving at 
 , dangerous speed of evidence of traffic 
 reasonably to be expected on highwav. 
 2 B. R. C. 201. 
 
 Evidence as to speed of automobiles or oth- 
 er road vehicles. 34 L.R.A. (N.S.) 778. 
 
 27. leaving horse unhitched. 
 Negligence in leaving horse unhitched in 
 
 highway. 10 L.R.A. (N.S.) 845; 20 
 
 L.R.A. ("N.S.) 958. 
 Violation of ordinance as to unfastened and 
 
 unguarded animals on street as ground 
 
 for private action. 5 L.R.A. (N.S.) 
 
 255. 
 
 28. Private ways. 
 
 Injury due to defects in, see HIGHWAYS, 
 56b. 
 
 In case of private way. 6 L.R.A. (N.S.) 
 
 310. 
 Duty to member of public on private way 
 
 used by public generally. 21 L.R.A. 
 
 (N.S.) "977. 
 
 29. Waters. 
 
 As attractive nuisance, see supra, 23a. 
 Negligence of municipality, see MUNICIPAL 
 CORPORATIONS, 86-94. 
 
 In use of navigable stream. 70 L.R.A. 279. 
 In use of water of stream as between upper 
 
 and lower proprietors. 41 L.R.A. 743. 
 Liability for injuries caused by attempted 
 
 exercise of right of navigation. 64 
 
 L.R.A. 977. 
 Duty of steamer to avoid imperiling small 
 
 boat by swells. 7 L.R.A. (N.S.) 920. 
 Liability to riparian owner for negligence 
 
 in running logs in stream. 41 L.R.A. 
 
 494. 
 
 29a. escape of. 
 
 Liability" for escape of water stored on 
 
 premises. 15 L.R.A. (N.S.) 541; 33 
 
 LjR.A.(N.S.) 1061. 
 Liability of one who cuts bank of stream, 
 
 for damages from escaping water. 41 
 
 L.R.A. (N.S.) 1221. 
 
 5. Who liable. 
 
 30. Generally. 
 
 Liability of seller or manufacturer, see su- 
 pra, 15. 
 
 Person maintaining place of amusement, 
 see AMUSEMENTS, 5-7. 
 
 Bailee, see BAILMENT, 5-10. 
 
 Bailor, see BAILMENT, 11, 12. 
 
 Carrier, see CARRIERS. 
 
 Charitable institution, see CHARITIES, 12. 
 
 County, see COUNTIES, 8. 
 
 Drugg'ists, see DRUGS AND DRUGGISTS, 5. 
 
 Hospital, see HOSPITALS, 4. 
 
 Married woman for safety of her premises, 
 see HUSBAND AND WIFE, 25. 
 
 Infants, see INFANTS, 24. 
 
 Innkeepers, see INNKEEPERS, 6-12.
 
 982 
 
 INDEX TO L.R.A. NOTES. 
 
 NEGLIGENCE, I. b, 5 cont'd 
 
 Landlord, see LANDLORD AND TENANT, IV. d. 
 
 Livery-stable keeper, see LIVERY STABLE. 
 
 Master for negligence of servants, see MAS- 
 TER AND SERVANT, IV. 
 
 Servants or contractors, see MASTER AND 
 SERVANT, 196-198. 
 
 Joint liability of master and servant, see 
 MASTER AND SERVANT, 199. 
 
 Third person for negligent injury to serv- 
 ant, see .MASTER AND SERVANT, 200- 
 202. 
 
 Municipal corporation, see MUNICIPAL COR- 
 PORATIONS, 72-101. 
 
 Officer, see OFFICERS, 40. 
 
 Physician or surgeon, see PHYSICIANS AND 
 SURGEONS, 12-16. 
 
 Pilot, see PILOTS, 4. 
 
 Agent, see PRINCIPAL ANfc AGENT, 42. 
 
 Railroad company, see RAILROADS, VII. a. 
 
 State, see STATES, 11. 
 
 Street railways, see STREET RAILWAYS, 
 10-19. 
 
 Warehouseman, see WAREHOUSEMAN, 4. 
 
 Right of contractor with public to immuni- 
 ty which latter enjoys from liability 
 for damages. L.R.A.1916D, 511. 
 
 Civil liability of insane persons. 26 L.R.A. 
 154; 42 L.R.A.(N.S.) 83. 
 
 Personal liability of arbitrator. 42 L.R.A. 
 (N.S.) 278. 
 
 Liability of school district or school corpo- 
 ration to action for damages from neg- 
 ligence. 37 L.R.A. 301; 49 L.R.A. 
 (N.S.) 1026. 
 
 Liability of officers of a corporation for 
 its negligence. 28 L.R.A. 427. 
 
 Personal liability of officer or director of 
 corporation for personal injuries from 
 torts in connection with its business. 
 39 L.R.A. (N.S.) 901; L.R.A.1915C, 874. 
 
 Liability of partnership for. 51 L.R.A. 477. 
 
 Liability of fire insurance patrol for inju- 
 ries. 21 L.R.A.(N.S.) 810. 
 
 Liability of benevolent or fraternal society 
 for injury to person during initiation 
 or expulsion. 13 L.R.A. (N.S.) 314; 
 L.R.A.1917C, 476. 
 
 Liability of married woman for use and 
 safety of premises owned by her. 19 
 L.R.A.(N.S.) 531. 
 
 Liability of executor or administrator for 
 personal injury resulting from negli- 
 gence in care or management of proper- 
 ty of estate. 38 L.R.A. (N.S.) 379. 
 
 Liability of owner of bees for injury done 
 by them. 62 L.R.A. 132. 
 
 Duty and liability of owner of bathing re- 
 sort. 3 L.R.A.(N.S.) 982; 3 L.R.A. 
 (N.S.) 1132; 32 L.R.A. (N.S.) 713; 38 
 L.R.A.(N.S.) 72. 
 
 Liability of keeper of bath house for loss 
 of guest's valuables. 6 L.R.A. (N.S.) 
 828. 
 
 Responsibility of lender of chattel for in- 
 juries to borrower or a third person 
 due to its unsafe condition. 12 L.R.A. 
 (N.S.) 632. 
 
 NEGLIGENCE cont'd 
 
 //. Contributory negligence. 
 
 a. Injury to person. 
 
 1. In general.. 
 
 % 31. Generally. 
 
 Of person injured by automobile, see AUTO- 
 MOBILES, 6. 
 
 Of operator of automobiles, see AUTOMO- 
 BILES, 7. 
 
 On bridge, see BRIDGES, 7. 
 
 Of person injured by falling building, see 
 Buildings, 12. 
 
 Of passenger, see CARRIERS, 75-84. 
 
 Of deceased or his parent as defense to ac- 
 tion for death, see DEATH, 13. 
 
 Of one injured by electric wire, see ELEC- 
 TRICITY, 18. 
 
 On elevator, see ELEVATORS, 8. 
 
 Of person injured by explosion, see EX- 
 PLOSIONS AND EXPLOSIVES, 10. 
 
 Of fireman, see FIRE DEPARTMENT, 8. 
 
 Of person injured by defects in highway r 
 see HIGHWAYS, 96-101. 
 
 Of driver of frightened horse, see HORSES, 
 14. 
 
 Of servant, see MASTER AND SERVANT, . 
 123-131. 
 
 Of person injured by railroad train, see 
 RAILROADS,' 79-86. 
 
 On street car track, see STREET RAILWAYS,. 
 zO-23. 
 
 Of trespasser, see TRESPASSERS, 4. 
 
 Intoxication as affecting, see DRUNKENNESS, 
 5-9. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 80-84. 
 
 Evidence as to generally, see EVIDENCE, 
 269. 
 
 Effect of, on right to recover on policy, see 
 INSURANCE, 169. 
 
 Effect of patient's negligence on liability of 
 physician for malpractice, see PHYSI- 
 CIANS AND SURGEONS, 15. 
 
 Effect of obeying or disobeying physician on 
 injured person's remedy against person 
 inflicting injury, see PHYSICIANS AND* 
 SURGEONS, 18. 
 
 Negativing contributory negligence in 
 pleading, se PLEADING, 29. 
 
 As a question for jury, see TRIAL, 45-49. 
 
 Instructions as to, see TRIAL, 66. 
 
 Grant of new trial on issue of contributory 
 negligence only. L.R.A.1915E, 249. 
 
 Conflict of laws as to. 56 L.R.A. 221. 
 
 Contributory wilfulness as a defense against 
 an action for personal injury based on 
 wilfulness of defendant, L.R.A.191SD, 
 1195. 
 
 Effect of contributory negligence on right 
 , of action for violation of statute not 
 expressly conferring it. 9 L.R.A. (N.S. ) 
 342; L.R.A.1915E, 520. 
 
 Application of doctrine of contributory neg- 
 ligence to negligent homicide. 61 
 L.R.A. 298. 
 
 Begin u-ith this ftoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 983 
 
 NEGLIGENCE, II. a, 1 cont'd 
 
 Of person injured by dangerous condition 
 of private grounds lying open beside a 
 highway or frequented path. L.R.A. 
 1918A, 861. 
 
 Of owner in failing to protect his premises 
 from flooding through drain or sewer. 
 L.R.A.1918D, 371. 
 
 On wharf or dock. 61 L.R.A. 955. 
 
 As to ambulance. 38 L.R.A. (N.S.) 482. 
 
 In walking through doorway leading to 
 place of danger. 24 L.R.A. (N.S.) 
 246; L.R.A.1917D, 892. 
 
 Contributory negligence of person on sur- 
 face of street injured by elevated rail- 
 way company. 42 L.R.A. (N.S.) 91. 
 
 In case of falling Avails or buildings. 34 
 L.R.A. 563. 
 
 Forgetfulness of obstacle or defect as con- 
 tributory negligence. 39 L.R.A. 
 (N.S.) 896. 
 
 Defective hearing of person injured as bear- 
 ing upon contributory negligence. 
 41 L.R.A.(N.S.) 193. 
 
 Contributory negligence as a defense to an 
 action for mental anguish in telegraph 
 case. 49 L.R.A. (N.S.) 270. 
 
 Of guest at inn. 43 L.R.A. (N.S.) 663. 
 
 Of one seeking to hold notary or other officer 
 certifying to acknowledgment or affi- 
 davit liable for negligence or fraud. 
 49 L.R.A. (N.S.) 54. 
 
 Effect of contributory negligence of lessee 
 on landlord's liability to tenant for 
 damage by water. L.R.A.1917B, 234, 
 246. 
 
 Use of article or appliance with knowledge 
 of defects therein as affecting liability 
 of manufacturer or vendor for conse- 
 quential damages caused thereby. 
 L.R.A.1918B, 204. 
 
 Effect of wantonness, malice, or personal 
 motive of servant in using dangerous 
 agency on contributory negligence of 
 person injured. 10 L.R.A.(N.S.) 403. 
 
 Rule as to pleading contributory negligence. 
 59 L.R.A. 275. 
 
 Right to show disability of adult on issue 
 of contributory negligence without alle- 
 gation thereof. L.R.A.1917D, 558. 
 
 Probative effect of admission by injured 
 party of responsibility for accident. 15 
 L.R.A. (N.S.) 1096. 
 
 Burden of proof as to. .33 L.R.A. (N.S.) 
 1085. 
 
 Federal courts following state decisions as 
 to. 40 L.R.A. (N.S.) 437. 
 
 32. Care required of one in sudden 
 emergency. 
 
 See EMERGENCY. 
 
 33. Voluntarily incurring danger to 
 save life of another. 
 
 In general. 49 L.R.A. 715; 27 L.R.A. 
 
 (N.S.) 1069. 
 
 Illustrations. 49 L.R.A. 716. 
 Exceptions. 49 L.R.A. 719. 
 Effect of previous contributory negligence. 
 
 49 L.R.A. 720. 
 Consult also L.R.A. Digests of Cases. 
 
 NEGLIGENCE, II. a, 1 oont'd 
 31. After occurrence of original in- 
 jury- 
 
 Duty to keep down damages, see DAM- 
 AGES, 3-11. 
 
 Injured person's duty to apply or obtain 
 treatment. 48 L.R.A. (N.S.) 108. 
 
 Patient's own negligence or failure to fol- 
 low instructions as affecting liability 
 of physician or surgeon for malprac- 
 tice. '17 L.R.A. (N.S.) 1242; 48 L.R.A. 
 (N.S.) 110. 
 
 In treatment or care of wound as affect- 
 ing criminal responsibility for homi- 
 cide. 22 L.R.A. (N.S.) 841; 28 L.R.A. 
 (N.S.) 665; L.R.A.1915F, 608. 
 
 Subsequent conduct of injured person in its 
 relation to proximate cause, as distin- 
 guished from contributory negligence. 
 18 L.R.A.(N.S.) 640. 
 
 35. Of tenant or his guests or serv- 
 ants. 
 
 Of tenant injured by defect in premises. 34 
 L.R.A. 830; 34 L.R.A.(N.S.) 808; 48 
 L.R.A.(N.S.) 921; L.R.A.1916D, 1228; 
 L.R.A.1918E, 221. 
 
 Effect of contributory negligence of lessee 
 on landlord's liability to him for sick- 
 ness due to unsanitary condition of 
 premises. L.R.A.1917A, 996. 
 
 Effect of negligence of injured person on 
 liability of landlord for personal in- 
 juries to persons in privity with ten- 
 ant. L.R.A.1916F, 1092. 
 
 Contributory negligence of tenant's guests 
 and servants injured by defects in 
 premises. 34 L.R.A. 616. 
 
 2. Of cJiildren or their parents. 
 
 36. Of child. 
 
 Of child injured on railroad, see RAILROADS, 
 
 84 a. 
 Of child injured by street car, see STREET 
 
 RAILWAYS, 22. 
 
 Standard of care required. L.R.A.1917F, 
 
 13. 
 
 Age at which doctrine of contributory neg- 
 ligence may be applied. L.R.A.1917F, 
 42. 
 
 Age at which infant's conduct is to be meas- 
 ured by same standard as that of adult. 
 L.R.A.1917F, 73. 
 
 The term "sui juris." L.R.A.1917F, 83. 
 As question for jury. 17 L.R.A. 79 ; L.R.A. 
 
 1917F, 84, 172. 
 
 Particular applications. L.R.A. 1917F, 92. 
 
 Injuries by animals. L.R.A.1917F, 92. 
 
 Injuries by automobiles. 26 L.R.A. 
 
 (N.S.) 425, 51 L.R.A.(N.S.) 1008; 
 
 L.R.A.1918A, 245. 
 
 Injuries by other vehicles or passing 
 
 teams. 19 L.R.A. (N.S.) 161; 39 
 
 L.R.A. (N.S.) 482; L.R.A.1917F, 98. 
 
 Injury while coasting in street. L.R.A. 
 
 1918F, 782. 
 Defects or obstructions in streets or 
 
 highways. L.R.A.1917F, 95. 
 Dangerous machinery and appliances 
 generally. L.R.A.1917F, 94.
 
 984 
 
 INDEX TO L.R.A. NOTES. 
 
 NEGLIGENCE, II. a, 2 cont'd 
 Drawbridge. L.R.A.1917F, 99. 
 Electricity. L.R.A.1917F, 100. 
 Emergencies in general. L.R.A.1917F, 
 
 104. 
 Excavations, shafts, and embankments. 
 
 L.R.A.1917F, 105. 
 Elevators. L.R.A.1917F, 195. 
 Falling objects. L.R.A.1917F, 106. 
 Fires. L.R.A.1917F, 108. 
 Ponds, reservoirs, and waters generally. 
 
 L.R.A.1917F, 109. 
 Turntables. 14 L.R.A. 784; 4 L.R.A. 
 
 (N.S.) 80; L.R.A.1917F, 111. 
 Jumping on or off moving railroad 
 
 train. 29 L.R.A. (N.S.) 846. 
 Contributory negligence of child as bar to 
 parent's recovery for its death. 17 
 L.R.A. 78. 
 
 37. Of parent. 
 
 Imputing parent's negligence to child, see 
 infra, 46-48. 
 
 Unexplained presence of unattended child 
 non sui juris in place of danger as 
 prima facie evidence of negligence of 
 paints. 16 L.R.A. (N.S.) 395. 
 
 3. On highways. 
 
 % 38. Generally. 
 
 Of children, see supra, 36. 
 
 Of person injured by automobile, see AU- 
 TOMOBILES, 6, 7. 
 
 Of traveler receiving shock of electricity 
 from wires strung along highway, see 
 ELECTRICITY, 38. 
 
 Of person injured by defects in highway, see 
 HIGHWAYS, VI. m. 
 
 At railroad crossing, see RAILROADS, 81- 
 84. 
 
 Of person injured by railroad trains operat- 
 ed longitudinally along public street, 
 see RAILROADS, 52a. 
 
 On street car track, see STREET RAILWAYS, 
 20-23. 
 
 Signal of traffic officer as affecting duty of 
 travelers to exercise care. L.R.A. 
 1917B, 137. 
 
 Standing on driven vehicle as negligence. 
 19 L.R.A. (N.S.) 223. 
 
 Voluntary obstruction of view while on 
 highway as contributory negligence. 33 
 L.R.A. (N.S.) 784. 
 
 Driving blind horse as contributorv negli- 
 gence. 48 L.R.A. (N.S.) 141. 
 
 Contributory negligence of passenger riding 
 in automobile driven by another pre- 
 cluding recovery against third person 
 for injury. L.R.A.1915B, 955. 
 
 39. Duty of pedestrian crossing or 
 traveling street to avoid passing 
 teams. 
 
 In general. 19 L.R.A. (N.S.) 161: 39 
 
 L.R.A.(N.S.) 481. 
 Children. 19 L.R.A. (N.S.) 161; 39 L.R.A. 
 
 (N.S.) 482. 
 Person of impaired faculties. 19 L.R.A. 
 
 (N.S.) 163. 
 
 Begin ivith this ftoofc on every fair question. 
 
 NEGLIGENCE, II. a, 3 cont'd 
 
 Duty to look and listen. 19 L.R.A. (X.S.) 
 
 163; 39 L.R.A.(N.S.) 481. 
 Failure to discover approaching vehicle. 19 
 
 L.R.A.(N.S.) 163; 39 L.R.A. (N.S.) 
 
 482. 
 Where approaching vehicle is seen. 19 
 
 L.R.A.(N.S.) 165; 39 L.R.A. (N.S.) 
 
 484. 
 
 Articles projecting or dragging from ve- 
 hicle. 19 L.R.A. (N.S.) 165; 39 
 
 L.R.A. (N.S.) 484. 
 Acts in emergency. 19 L.R.A. (N.S.) 165; 
 
 39 L.R.A. (N.S.) 485. 
 Vehicles approaching from behind. 19 
 
 L.R.A. (N.S.) 165; 39 L.R.A. (N.S. \ 485. 
 Reliance upon presumption of exercise of 
 
 due care by driver. 19 L.R.A. (N.S.) 
 
 166; 39 L.R.A. (N.S.) 486. 
 Subsequent negligence of driver. 19 L.R.A. 
 
 (N.S.) 166. 
 Duty when traveling in street or crossing 
 
 where there is no crosswalk. 39 L.R.A. 
 
 (N.S.) 481. 
 
 40. Violation of rule of the road. 
 
 Of child injured by automobile. L.R.A. 
 1918A, 245. 
 
 Violation of law of the road by person in- 
 jured on defective street. 13 L.R.A. 
 (N.S.) 1267; 21 L.R.A. (N.S.) 668. 
 
 Violation of statute or ordinance giving one 
 vehicle right of way as against another. 
 L.R.A.1917D, 693. 
 
 Violation of ordinance as to part of street 
 or highway to be used by vehicles as 
 contributory negligence. L.R.A.1917C, 
 999. 
 
 Rule of the road governing vehicles pro- 
 ceeding in the same direction. 41 
 L.R.A.(N.S.) 337. 
 
 Rule of the road governing vehicles pro- 
 ceeding in opposite directions. 41 
 L.R.A. (N.S.) 332. 
 
 Turning to wrong side of road to avoid ap- 
 proaching vehicle which is itself on 
 wrong side, as contributory negligence 
 on the part of a plaintiff. 7 B. R. C. 
 705. 
 
 Rule of the road governing vehicles at in- 
 tersection of streets and when turning 
 a cross street. 41 L.R.A. (N.S.) 336. 
 
 4. Imputed negligence. 
 
 41. Generally. 
 
 In case of injury to property, see infra, 
 54. 
 
 Imputing negligence of one fireman to an- 
 other, see FTIE DEPARTMENT, 7. 
 
 Doctrine of last clear chance in case of. 26 
 L.R.A.(N.S.) 309. 
 
 Imputing third person's negligence to per- 
 son injured on defective street. 21 
 L.R.A.(N.S.) 670. 
 
 In case of injury by violation of ordinance 
 affecting operation of railroads. 5 
 L.R.A. (N.S.) 240.
 
 INDEX TO L.R.A. NOTES. 
 
 985 
 
 NEGLIGENCE, II. a, 4 cont'd 
 42. Of driver to passenger. 
 
 Of husband to wife while latter is driving, 
 see infra, 44. 
 
 Imputed negligence of driver to passenger. 
 8 L.R.A. (N.S.) 597; L.R.A.1915A, 761. 
 
 Imputing negligence of driver of tire appara- 
 tus to fireman. 19 L.R.A. (N.S.) 629; 
 L.R.A.1917E, 422. 
 
 Imputed negligence of passenger riding in 
 automobile driven by another preclud- 
 ing recovery against third person for 
 injuries. L.R.A.1915B, 953. 
 
 43. Of husband to wife. 
 
 Husband's negligence as bar to recovery for 
 injury to wife, see HUSBAND AND WIFE, 
 64. 
 
 Of husband as bar to recovery for wife's in- 
 juries. 22 L.R.A. 460. 
 
 44. while husband is driving. 
 
 Whether imputable to wife injured while 
 riding with husband. 14 L.R.A. 733; 
 L.R.A.1915A, 764. 
 
 45. Of coservant to master. 
 
 Imputing to master coservant's negligence 
 in respect to preparation or structural 
 modification of instrumentalities or 
 their parts. 54 L.R.A. 136. 
 
 Imputing to master negligence of coserv- 
 ants whose duty it is to keep instru- 
 mentalities in proper condition. 54 
 L.R.A. 153. 
 
 46. Of parent to child. 
 
 Presumption and burden of proof as to, 
 see EVIDENCE, 84. 
 
 Imputing negligence of parent to child. 3 
 L.R.A. 385; 6 L.R.A. 545; 8 L.R.A. 
 495;* 17 L.R.A. 79. 
 
 47. bar to action by child. 
 
 Contributory negligence of parent or cus- 
 todian as a bar to action by child 
 for negligent injuries. 21 L.R.A. 
 76; 18 L.R.A. (N.S.) 320. 
 
 48. bar to action by parent or ad- 
 ministrator. 
 
 Effect of parent's negligence to defeat his 
 recovery for injury or death of child. 
 10 L.R*.A. 653;'* 17 L.R.A. 79. 
 
 Contributory negligence of parent as bar to 
 action by parent or administrator for 
 death of child non sui juris. 18 L.R.A. 
 (N.S.) 328; 38 L.R.A. (N.S.) 754. 
 
 Imputing negligence of custodian of child 
 non sui juris to parent in action by 
 latter, or by administrator, for death 
 or injury of child. 32 L.R.A. (N.S.) 
 410. 
 
 49. Of landlord to tenant, and vice 
 versa. 
 
 Is the landlord's negligence in relation to 
 the premises imputable to the tenant, 
 or vice versa, so as to prevent a re- 
 covery from a negligent third person. 
 19 L.R.A. (N.S.) 498. 
 
 Consult also L.R.A. Digests of Cases. 
 
 NEGLIGENCE, II. a cont'd 
 
 5. Last clear chance; humanitarian 
 doctrine. 
 
 50. Generally. 
 
 Origin, function, and mode of operation of 
 doctrine. 55 L.R.A. 418. 
 
 Doctrine of last clear chance as affected by 
 question whether negligence of plain- 
 tiff or deceased and of defendant was 
 concurrent. 7 L.R.A. (N.S.) 132; 7 
 L.R.A. (N.S.) 152; 17 L.R.A. (N.S.) 
 707; 19 L.R.A. (N.S.) 446 (and refer- 
 ences) ; 27 L.R.A. (N.S.) 379. 
 
 Exercise of due care by plaintiff after de- 
 fendant's negligence. 33 L.R.A. (N.S. ) 
 
 Last moment to which presumption that 
 person in dangerous condition will seek 
 place of safety may be indulged. 69 
 L.R.A. 554. 
 
 Applicability of doctrine of last clear chance 
 to case of imputed negligence. 26 
 L.R.A. (N.S.) 309. 
 
 As distinguished from rule that contribu- 
 tory negligence is not a defense against 
 a wanton or wilful injury. 21 L.R.A. 
 (N.S.) 427. 
 
 Recovery for injury to child in attempting 
 to cross street car tracks notwith- 
 ing his contributory negligence. 11 
 L.R.A. (N.S.) 174. 
 
 51. Applicability of doctrine where 
 danger not discovered. 
 
 Applicability of doctrine of last clear 
 chance where danger not actually dis- 
 covered. 55 L.R.A. 418; 36 L.R.A. 
 L.R.A.(N.S.) 957. 
 
 52. Intoxication of person on rail- 
 road track as affecting applicability 
 of doctrine. 
 
 Where no duty to keep a lookout for tres- 
 
 passers. 31 L.R.A. (N.S.) 1032. 
 Where duty to keep lookout fully per- 
 
 formed. 31 L.R.A.(N.S.) 1033. 
 Where object seen on track not known to 
 
 be a human being. 31 L.R.A. (N.S.) 
 
 1033. 
 Where train men justified in assuming per- 
 
 son would leave track. 31 L.R.A. 
 
 (N.S.) 1034. 
 Breach of duty after actual discovery of 
 
 danger. 31 L.R.A. (N.S.) 1035. 
 Effect of intoxication to interrupt trespass- 
 
 er's original negligence. 31 L.R.A. 
 
 (N.S.) 1035. 
 
 6. Where defendant's negligence is 
 wanton or wilful. 
 
 52a. Generally. 
 
 May wantonness or wilfulness, precluding 
 defense of contributory negligence, be 
 predicated of the omission of a duty 
 before the discovery of a person in a 
 position of peril on a railroad or streeti 
 railway track. 21 L.R.A. (N.S.) 427.
 
 986 
 
 INDEX TO L.R.A. NOTES. 
 
 NEGLIGENCE, II. a, 6 cont'd 
 
 ft. Injury to property. 
 
 53. Generally. 
 
 Of depositor where deposit is paid to wrong 
 
 party, see BANKS, 23-25a. 
 Negligence of guest at inn, see INNKEEPERS, 
 
 9- 
 In case of injury to property by fire, see 
 
 FIRES, II.; RAILROADS, 86. 
 Duty and negligence with respect to lateral 
 
 support, see LATERAL SUPPORT. 
 
 Of shippers of live stock with respect to 
 
 injury at pens or yards at stations. 44 
 
 L.R.A. 294. 
 Effect of contributory negligence on liabil- 
 
 ity as to infected animals. 26 L.R.A. 
 
 540. 
 In case of property destroyed by mob. 24 
 
 L.R.A. 597. 
 Contributory negligence as defense against 
 
 municipal liability for injury by drain- 
 
 age. 61 L.R.A. 706. 
 Negligence" of officer or agent of a munici- 
 
 pality contributing to the injury of its 
 
 property as a bar to its recovery 
 
 against a third person. 30 L.R.A. 
 
 (N.S.) 209. 
 Of one whose property is destroyed by mob. 
 
 44 L.R.A. (N.S.) 360. 
 Contributory negligence of passenger in 
 
 case of loss of hand baggage or other 
 
 effects in his custody or control. L.R.A. 
 
 1915B, 612, 619. 
 
 54. As to waters. 
 
 Liability for injuries by floating, rafting, 
 or driving logs, see LOGS AND LOGGING, 
 
 In obstruction of navigation. 59 L.R.A. 
 
 88. 
 In case of injuries by navigation. 64 L.R.A. 
 
 987. 
 Of riparian owner injured by running logs 
 
 in stream. 41 L.R.A. 497. 
 As affecting liability for damming back wa- 
 
 ter of stream. 59 L.R.A. 904. 
 Failure to protect property against surface 
 
 water as contributory negligence. 33 
 
 L.R.A.(N.S.) 369. 
 
 55. Imputed negligence. 
 
 Imputing negligence of bailee to bailor in 
 action by the latter against third per- 
 son for destruction of property. 17 
 L.R.A.(N.S.) 925; 27 L.R.A. (N.S.) 690. 
 
 Is negligence of attorney attributed to par- 
 ty under statute for relief from judg- 
 ment taken by inadvertence, surprise, 
 or excusable neglect. 27 L.R.A. (N.S.) 
 858. 
 
 NEGLIGENT HOMICIDE. 
 
 NEGOTIABILITY. 
 
 See BILLS AND NOTES, 
 18; CHECKS, 4. 
 
 19-23; BONDS, 
 
 NEGOTIABLE INSTRUMENTS. 
 
 See BILLS AND NOTES; CHECKS. 
 
 NEGROES. 
 
 Separation of white and colored passengers. 
 
 see CARRIERS, 43. 
 Civil rights of, see CIVIL RIGHTS. 
 Right to serve as jurors, see CIVIL RIGHTS, 
 
 4. 
 Actionability of charge that one has negro 
 
 blood, see LIBEL AND SLANDER, 9. 
 Intermarriage of whites and negroes, see 
 
 MISCEGENATION. 
 As slave, see SLAVES. 
 
 Color of delinquent fellow-servant as tend- 
 ing to show negligence of master. 48 
 L.R.A. 379. 
 
 Specific performance as affected by vendor's 
 ignorance that purchaser is a negro. 
 32 L.R.A.(N.S.) 125. 
 
 Who is a negro, mulatto, or a person of 
 color within statutes not specifical- 
 ly defining same. 31 L.R.A. (X.S.) 
 180; L.R.A.1915A, 828. 
 
 Libel or slander where "sting" is due to 
 prejudice against. L.R.A.1916E, 679. 
 
 Validity and enforceability of contract or 
 covenant in relation to real property 
 which discriminates against persons 
 because of color. L.R.A. 1916B, 1208. 
 
 NEIGHBORS. 
 
 In general, see ADJOINING OWNER. 
 
 Power to make use of property for particu- 
 lar purpose or in particular manner 
 conditional on consent of. 8 L.R.A. 
 (N.S.) 978. 
 
 Right to enjoin maintenance of house of 
 prostitution. 11 L.R.A. (N.S.) 1060; 
 42 L.R.A.(N.S.) 1041; L.R.A.1918D, 
 819. 
 
 NEPHEW. 
 
 Insurable interest in life of. 54 L.R.A. 
 233. 
 
 Extrinsic evidence to identify person intend- 
 ed by testator using term. 47 L.R.A. 
 (N.S.) 533. 
 
 NEPOTISM 
 
 Libel or slander by charge of, against pub- 
 lic officer or candidate. L.R.A.1918E, 
 See HOMICIDE, 15. 35. 
 
 Begin \cith this ftoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 987 
 
 NERVOUS SHOCK. 
 
 In general, see FRIGHT, 2, 3. 
 
 As an accident within the meaning of the 
 Workmen's Compensation Act. L.R.A. 
 1917D, 112. 
 
 NET EARNINGS. 
 
 What constitutes the net earnings of a pub- 
 lic service corporation for rate-making 
 purposes. 52 L.R.A. (N.S.) 16. 
 
 NET PROFIT. 
 
 Net profit rule as to existence of partner- 
 ship, see PARTNERSHIP, 7. 
 
 **- 
 
 NETS. 
 See FISHERIES, 6. 
 
 --* 
 
 NEURALGIA. 
 
 Application of statute regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A. (N.S.) 
 762; 24 L.R.A(N.S-) 103; 25 L.R.A. 
 (N.S.) 1297. 
 
 NEUTRALITY. 
 
 Effect of warranty of, on liability under 
 policy of marine insurance for losses 
 arising out of state of war. 5 B. R. C. 
 11. 
 
 NEW ACTION. 
 
 After statute of limitations has run, see 
 LIMITATION OF ACTIONS, 64. 
 
 Reversal on merits without remanding as 
 bar to. 30 L.R.A. (N.S.) 377. 
 
 NEWLY DISCOVERED EVIDENCE. 
 
 As ground for new trial, see NEW TRIAL, 
 
 10, 11. 
 As ground for bill of review, see REVIEW, 
 
 3. 
 
 As ground for injunction against judgment. 
 
 30 L.R.A. (N.S.) 571. 
 As ground for opening decree of divorce. 
 
 L.R.A.1917B, 4&6. 
 Consult also L.R.A. Digests of Cases. 
 
 NEW PROMISE. 
 
 Consideration for, where original contract 
 unenforceable, see CONTRACTS. 13. 
 
 By married woman after discoverture, ef- 
 fect, see HUSBAND AND WIFE, 19. 
 
 As affecting statute of limitations, see LIM- 
 ITATION OF ACTIONS, 68-71. 
 
 NEWSBOY. 
 
 Carrier's liability for injury to, see CARRI- 
 ERS, 55. 
 
 As a passenger. 22 L.R.A. 796. 
 
 NEWSPAPER. 
 
 Freedom of the press, see Constitutional 
 Law, 29a. 
 
 Publication in as a contempt, see CON- 
 TEMPT, 6, 7. 
 
 Opinions gained from, as disqualification 
 to act as juror, see JURY, 12. 
 
 Libel by, see LIBEL AND SLANDER. 
 
 As a necessary within statute rendering 
 wife or her property liable therefor. 
 L.R.A.1917F, 864. 
 
 Contract by, to indemnify against accident 
 as insurance contract. 47 L.R.A. (N.S.) 
 299. 
 
 Use of newspaper articles by counsel in 
 arguing to jury. L.R.A.1918D, 82. 
 
 Jury in criminal case reading newspaper 
 'account of trial as ground for new 
 trial. 46 L.R.A. (N.S.) 741. 
 
 Publication and sale of, on Sunday. L.R.A. 
 1916C, 1151. 
 
 Admissibility of newspaper files to prove the 
 publication or contents of an order of 
 publication. L.R.A.1915C, 690. 
 
 Extracts from, as evidence. 40 L.R.A. 574. 
 
 As manufactures. 14 L.R.A. 108. 
 
 Liability of municipality or county on im- 
 plied contract for publishing notices in 
 newspaper. 27 L.R.A. (N.S.) 1130. 
 
 Newspaper opinion as disqualification of 
 juror in criminal case. 35 L.R.A. (N. 
 S.) 985. 
 
 Newspaper pass as violation of statute pro- 
 hibiting discrimination in passenger 
 rates. 23 L.R.A. (N.S.) 217; 31 L.R.A. 
 (N.S.) 657. 
 
 NEWSPAPER QUOTATIONS. 
 
 As evidence of value. 16 L.R.A. (N.S.) 758. 
 
 NEW SPRING. 
 
 Right to water of. 30 L.R.A.(N.S.) 1158.
 
 988 
 
 INDEX TO L.R.A. NOTES. 
 
 NEW TRIAL;. 
 
 /. In general, 1, 2. 
 II. Grounds for, 3-11. 
 
 a. In general, 3. 
 
 b. Errors in verdict, 4-6. 
 
 c. Matters as to jury, 7-9. 
 
 d. Newly discovered evidence, 
 
 10, 11. 
 III. Practice, 12-14. 
 
 I. In general. 
 
 1. Generally. 
 
 In ejectment, see EJECTMENT, 13. 
 
 Setting aside award in condemnation pro- 
 ceedings, see EMINENT DOMAIN, 35. 
 
 Relief from judgment, generally, see JUDG- 
 MENT, 87-97. 
 
 Bill of review, see REVIEW. 
 
 Lack of remedy by, as ground for injunc- 
 tion against judgment. 30 L.R.A. 560. 
 
 Waiver of right to appeal from order grant- 
 ing, by accepting favorable part of or- 
 der. 29 L.R.A. (N.S.) 27. 
 
 Right to a new trial after satisfaction of 
 the judgment. 68 L.R.A. 126. 
 
 Effect of prior decision en statutory new 
 trial in real actions. 40 L.R.A. 825. 
 
 Effect of repeal of civil statute on pending 
 motion for. 37 L.R.A. (N.S.) 934. 
 
 Power of public prosecutor to dismiss pros- 
 ecution after grant of. 35 L.R.A. 716. 
 
 Admissibility on subsequent trial of admis- 
 sion made for purpose of defeating a 
 continuance. 25 L.R.A. (N.S.) 169. 
 
 Effect of granting new trial after conviction 
 to extend liability on accused's bond. 
 20 L.R.A. (N.S.) 861. 
 
 Effect of granting new trial on entry of 
 
 second judgment without vacation or 
 
 _ reversal of first. 44 L.R.A. (N.S.) 346. 
 
 Raising objection of duplicity in indictment 
 by motion for new trial. 49 L.R.A. 
 (N.S.) 457. 
 
 Question whether suit for statutory penal- 
 ty is a civil or criminal prosecution as 
 affecting right to new trial. 27 L.R.A. 
 (N.S.) 752. 
 
 2. Power of court to grant, generally. 
 
 Effect of provision that jury shall deter- 
 mine the law and the facts in libel 
 cases on court's power to set aside a 
 verdict. 33 L.R.A. (N.S.) 209. 
 Right of court to grant new trial on its 
 own motion, or on grounds other 
 than those urged by the moving 
 party. 40 L.R.A. (N.S.) 291. 
 Permitting chancery to set aside a verdict 
 upon an issue directed by it to a law 
 court, as an unconstitutional infringe- 
 ment upon the latter's powers. 8 
 L.R.A.(N.S.) 866. 
 
 II. Grounds for. 
 a. In general. 
 
 3. Generally. 
 
 Loss or incompleteness of record for purpose 
 of appeal. L.R.A.1915B, 353. 
 
 Begin with this booTc on every law question. 
 
 NEW TRIAL, II. a cont'd 
 
 Perjury as ground for new trial. 51 L.R.A. 
 (N.S.) 286. 
 
 Because of demeanor of witnesses. 41 
 L.R.A.(N.S.) 855. 
 
 Because of death of judge before signing bill 
 of exceptions. 2 L.R.A. (N.S.) 1000. 
 
 Inconsistent testimony in another suit aa 
 ground for. 42 L.R.A. 692. . 
 
 Comment by prosecuting attorney on fail- 
 ure of defendant to produce witness as 
 ground for. 34 L.R.A. (N.S.) 811. 
 
 Misstatement of facts or statement of fact* 
 not in evidence by counsel to the jury. 
 L.R.A.1918D, 45. 
 
 Admonishing or warning witness by judge 
 in criminal case. L.R.A.1917E, 859. 
 
 Effect of misconduct of spectator during 
 criminal trial. L.R.A.1918E, 959. 
 
 Refusal to allow cross-examination on rele- 
 vant matters covered by examination in 
 chief as ground for new trial. 25 
 L.R.A. (N.S.) 683. 
 
 Power of court to disregard testimony be- 
 cause contrary to scientific principles. 
 7 L.R.A.(N.S.) 357; 15 L.R.A. (N.S.) 
 701; 28 L.R.A.(N.S.) 648; L.R.A, 
 1916D, 301. 
 
 ft. Errors in verdict. 
 
 % 4. Generally. 
 
 As remedy for correction of special verdict. 
 24 L.R.A. (N.S.) 76. 
 
 5. Excessiveness of damages or sen- 
 tence. 
 
 Curing excessiveness by remittitur, see 
 NEW TRIAL, 14. 
 
 Granted by appellate court on account of 
 excessive damages. 26 L.R.A. 391 ; 51 
 L.R.A.(N.S.) 388. 
 
 Granting new trial because of excessive ver- 
 dict as interference with constitution- 
 al right to jury trial. 51 L.R.A. (N.S.). 
 860. 
 
 6. Inadequacy of damages. 
 
 Inadequacy of damages as a ground for set- 
 ting aside a verdict. 47 L.R.A. 
 33. 
 
 Actions for assault and battery 
 and other torts. 47 L.R.A. 
 44; 39 L.R.A. (N.S.) 487. 
 
 c. Matters as to jury. 
 
 7. Generally. 
 
 Effect of failure to swear jury. L.R.A. 
 
 1917D, 399. 
 Permitting separation of jury in capital 
 
 case. 24 L.R.A.(N.S.) 776. 
 For coercion of disagreeing jury. 16 L.R.A. 
 
 ' 643. 
 Because of communication by judge with 
 
 jury not in open court. 17 L.R.A. (N- 
 
 S.) 609; L.R.A.1915D, 719.
 
 INDEX TO L.R.A. NOTES. 
 
 NEW TRIAL, II. c cont'd 
 
 Right to reversal or new trial where jury 
 
 disregard erroneous instructions. 21 
 
 L.R.A.(N.S.) 852. 
 Employment of person to watch jury to 
 
 guard against their being tampered 
 
 with. 48 L.R.A.(N.S.) 540. 
 Juror in criminal case reading newspaper 
 account of trial as ground for new 
 trial. 46 L.R.A.(N.S.) 741. 
 Attack out of court in presence of jurymen 
 
 upon credibility of witness as ground 
 
 for new trial. L.R.A.1917B, 248. 
 Mistake as to name of juror in criminal 
 
 case as ground for new trial. 47 L.R.A. 
 
 (N.S.) 715. 
 Consumption of liquor by jury. L.R.A. 
 
 1915C, 302. 
 Unauthorized view by juror or jury. 
 
 L.R.A.1915B, 703. 
 
 8. Treating jurors. 
 
 Treating jurors as ground for new trial. 
 19 L.R.A.(N.S.) 733; 49 L.R.A. (N.S.) 
 
 9. Disqualification of juror. 
 
 General statement of the law. 18 L.R.A. 
 
 473. 
 Objections on the ground of age of jurors. 
 
 18 L.R.A. 475. 
 Alienage. 18 L.R.A. 476. 
 Want of property qualifications. 18 L.R.A. 
 
 476. 
 
 Irregularities of selection. 18 L.R.A. 476. 
 Bias of jurors. 18 L.R.A. 476. 
 Criminality of juror. 18 L.R.A. 478. 
 Unknown disqualification of juror existing 
 
 at time of his selection as ground 
 
 for new trial. 50 L.R.A. (N.S.) 
 
 933. 
 
 d. Newly discovered evidence. 
 
 10. Generally. 
 
 As ground for bill of review, see REVIEW, 
 3. 
 
 Bill of review because of newly discovered 
 evidence after affirmance or reversal by 
 appellate court. 4 L.R.A. (N.S.) 865; 
 30 L.R.A. (N.S.) 1030. 
 
 Subsequent events disproving character or 
 extent of bodily injury for which re- 
 covery was had, as ground for new 
 trial. 45 L.R.A. (N.S.) 87. 
 
 Physical condition of plaintiff, after ver- 
 dict in an action for personal injuries, 
 tending to show falsity of testimony 
 as to extent or character of his in- 
 jury, as ground for new trial. L.R.A. 
 1915B, 243. 
 
 Insanity of accused at the time of the of- 
 fense, raised for the first time on mo- 
 tion for new trial. L.R.A.1918B, 1146. 
 
 11. Cumulative evidence. 
 
 Cumulative evidence as ground for new trial 
 
 in criminal cases. 46 L.R.A. (N.S.) 
 
 903. 
 Cumulative evidence as ground for new 
 
 trial in civil cases. L.R.A.1916C, 
 
 1162. 
 Consult also L.R.A. Digests of Cases. 
 
 NEW TRIAL, II. d cont'd 
 ///. Practice. 
 
 12. Generally. 
 
 First and last days in computing time for. 
 49 L.R.A. 225. 
 
 Power to limit the issues in granting new 
 trial. L.R.A.1915E, 239. 
 
 When objection must be made to consump- 
 tion of liquor by jury urged as ground 
 for new trial. L.R.A.1915C, 318. 
 
 Objecting to jurors who have served in same 
 or similar case by motion for new trial. 
 68 L.R.A. 885. 
 
 Review by appellate court of ruling of trial 
 court on motion to grant a new trial 
 in action for bodily injuries on ground 
 of inadequacy of damages awarded. 28 
 L.R.A. (N.S.) 130. 
 
 Rights of individual tort feasors against 
 whom a joint verdict has been obtained 
 to make separate motions for new trial. 
 L.R.A.1918C, 974. 
 
 May a judgment against two or more tort 
 feasors be set aside as to some and 
 allowed to stand as to the others. 27 
 L.R.A.(N.S.) 209; L.R.A.1918C, 970. 
 
 13. Testimony or affidavit of jurors. 
 
 Admissibility of affidavit of juror to show 
 misconduct outside the jury room and 
 not in hearing in verdict. 31 L.R.A. 
 (N.S.) 930. 
 
 Impeachment of nonunanimous verdict by 
 affidavits or testimony of dissenting 
 jurors. L.R.A.1918C, 149. 
 
 14. Remittitur. 
 
 Power of trial court to cure an excessive 
 verdict by requiring or permitting 
 a reduction where true measure of 
 damages not ascertainable by mere 
 computation. 39 L.R.A. (N.S.) 
 1064. 
 
 Power of court to make a reduction of dam- 
 ages a condition of refusing a new trial 
 of an action for unliquidated damages, 
 without consent of defendant. 6 B. R. 
 C. 10. 
 
 NEXT FRIEND. 
 
 Right of insane person to institute proceed- 
 ings by, see INCOMPETENT PERSONS, 
 19. 
 
 Representation of infant by, see INFANTS, 
 32. 
 
 As proper party to bring suit, see PABTIES, 
 24. 
 
 NEXT OF KIN. 
 
 Right to testify in favor of the estate 
 L.R.A.1918C, 918.
 
 990 
 
 INDEX TO L.R.A. NOTES. 
 
 NEXT OF KIN cont'd 
 
 Right of persons claiming through deceased 
 relative to participate with those stand- 
 ing in equal degree of relationship with 
 such relative, in provision for "next of 
 kin." 28 L.R.A. (N.S.) 479. 
 
 Beneficiaries and parties plaintiff to ac- 
 tion for death where statute provides 
 for recovery for benefit of next of kin 
 of deceased. L.R.A.1916E, 118. 
 
 Who is, within meaning of Workmen's Com- 
 pensation Statutes. L.R.A.1918F, 485. 
 
 NICKNAME. 
 
 As evidence of incompetency of fellow serv- 
 ant. 41 L.R.A. 99; 48 L.R.A. 391. 
 
 NIECE. 
 
 Insurable interest in life of. 54 L.R.A. 233. 
 
 As member of family of insured. 3 L.R.A. 
 (N.S.) 334. 
 
 Extrinsic evidence to identify person in- 
 tended by testator using term. 47 
 L.R.A.(N.S.) 533. 
 
 NIGHT. 
 
 Right to use stream for water power during. 
 7 L.R.A.(N.S.) 289. 
 
 NITRO GLYCERIN. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 Negligence in the manufacture and storage 
 of. 29 L.R.A. 718. 
 
 Regulating keeping or storing of. 41 L.R.A. 
 (N.S.) 460. 
 
 Liability for injury to children from explo- 
 sion of nitroglycerin left accessible to 
 them. L.R.A.1917A, 1295. 
 
 NODS. 
 
 Admissibility as dying declarations of an- 
 swers bv. 2 B. R. C. 922. 
 
 NOISE. 
 
 Liability for frightening horses by, see 
 
 HORSES, 7-11. 
 
 As element of damages, see DAMAGES, 87b. 
 As nuisance, see NUISANCES, 4. 
 
 NOLLE PROSEQTJI. 
 
 35 L.R.A. 
 
 NOLLE PROSEQUI cont'd 
 
 Necessity of the consent of court to entry 
 of nolle prosequi in a criminal case. 
 45 L.R.A. (N.S.) 1120. 
 
 Entry of, as to one charge in indictment 
 where objection of duplicity is raised. 
 49 L.R.A.' (N.S.) 455. 
 
 As ground for discharge of accused. 56 
 L.R.A. 522. 
 
 Entry of, as to one joint tort feasor, effect 
 on liability of other. 58 L.R.A. 303. 
 
 Termination of criminal prosecution by en- 
 try of, so as to support suit for ma- 
 licious prosecution. 2 L.R.A. (N.S.) 
 938, 942. 
 
 NOLO CONTEN1 
 
 Plea of. 41 L.R.A. (N.S.) 70. 
 
 E. 
 
 NOMINAL DAMAGES. 
 
 See DAMAGES, 2. 
 
 NOMINAL PAYMENT. 
 
 For bonus stock. 38 L.R.A. 492. 
 
 NOMINATIONS. 
 
 See ELECTIONS, 25, 26. 
 
 NONACCESS. 
 
 Competency of husband or wife as witness 
 as to, see WITNESSES, 20. 
 
 NONASSESSABLE STOCK. 
 
 Assessments on. 45 L.R.A. 653. 
 
 NONATTENDANCE. 
 
 Liability of physician for. 37 L.R.A. 834, 
 
 Power to enter in criminal case. 
 
 701. 
 Begin ivith this boofc on every law question. 
 
 NONCLAIM. 
 
 Statute of nonclaim as equivalent of limi- 
 tation within rule that running of the 
 latter against debt secured will bar 
 remedy on the mortgage. 31 L.R.A. (N. 
 S.) 1013. 
 
 Effect of; to bar suit to compel guardian to 
 account, or to recover on his bond. 47 
 L.R.A.(N.S.) 457.
 
 INDEX TO L.R.A. NOTES. 
 
 991 
 
 NOXCLAIM cont'd 
 
 Waiver or tolling of statute of, by person- 
 al representative as to an indebtedness 
 of the estate. L.R.A.1915B, 1042. 
 
 NONEXPERTS. 
 
 Opinions of, see EVIDENCE, VIII. 
 
 NONFEASANCE. 
 
 (N.S.) 929. 
 
 Liability of corporate directors for. 55 
 L.R.A. 757. 
 
 Liability of agent or servant to third per- 
 sons for. 28 L.R.A. 433; 25 L.R.A. 
 (N.S.) 349; L.R.A.1916F, 570. 
 
 NONINTOXICATING LIQUORS. 
 
 Constitvitional power to prohibit or regu- 
 late, see INTOXICATING LIQUORS, 4. 
 
 Sale of, see INTOXICATING LIQUORS, 30, 
 31. 
 
 Validity of license tax on sale of, as affected 
 by 'amount. L.R.A.1917C, 463. 
 
 NONJOINDER. 
 
 Effect of husband's nonjoinder in wife's ex- 
 ecutory contract to convey, where his 
 joinder is essential to a conveyance. 
 30 L.R.A. (N.S.) 353. 
 
 NONLEGAL DEMANDS. 
 
 Power of legislature to compel municipali- 
 ties to pay. 48 L.R.A. 473. 
 
 NONMAILABLE MATTER. 
 
 When one not personally mailing nonmail- 
 able matter may be regarded as causing 
 it to be deposited in the mails. 6 
 
 L.R.A.(N.S.) 424. 
 
 NON-NEGOTIABLE INSTRUMENTS. 
 
 Distinction between negotiable and non-ne- 
 gotiable. 18 L.R.A. 34. 
 
 Condition against taking effect until others 
 have signed. 45 L.R.A. 348. 
 
 Set-off against assignee of, of claim against 
 assignor. 23 L.R.A. 330. 
 
 Action on, after loss of. 16 L.R.A. 205. 
 
 Consult also L.R.A. Digests of Cases. 
 
 NON-NEGOTIABLE INSTRUMENTS 
 cont'd 
 
 Effect of putting non-negotiable paper or 
 securities indorsed in blank into an- 
 other's possession to estop owner as 
 against purchaser in good faith. 29 
 L.R.A. (N.S.) 254. 
 
 Effect of permitting assignor of a contract 
 to receive non-negotiable instruments 
 issued in payment thereof to estop as- 
 signee as against subsequent assignee 
 of such instrument. 11 L.R.A. (N.S.) 
 472. 
 
 NON OBSTANTE VEREDICTO. 
 
 See JUDGMENT, 13. 
 
 NONRESIDENTS. 
 
 1. Generally. 
 
 As to aliens, see ALIENS. 
 
 Attachment against, see ATTACHMENT, 4. 
 
 Discrimination against generally, see CON- 
 
 STITUTIONAL LAW, 127. 
 Discrimination against as to licenses, see 
 
 LICENSE, 46a. 
 As to foreign corporations, see CORPORA- 
 
 TIONS, XI. 
 As to residence generally, see DOMICIL AND 
 
 RESIDENCE. 
 Jurisdiction of divorce suit by or against, 
 
 see DIVORCE AND SEPARATION,' 8, 9. 
 Effect of appearance by, in divorce suit, see 
 
 DIVORCE AND SEPARATION, 12. 
 Appointment of, as administrator, see EX- 
 
 ECUTORS AND ADMINISTRATORS, 6. 
 Garnishment of, see GARNISHMENT, 12. 
 As to foreign judgments generally, see JUDG- 
 
 MENT, V. 
 Effect of nonresidence on running of limita- 
 
 tions, see LIMITATION OF ACTIONS, 46. 
 Removal of cause to Federal court where 
 
 one party is a nonresident, see REMOVAL 
 
 OF CAUSES, 7-9. 
 Nonresidence as affecting taxation, see TAX- 
 
 ES, 17, 42, 100. 
 Situs of property or debts due to, for tax- 
 
 ation, see TAXES, 42. 
 Inheritance tax against, see TAXES, 100. 
 Service of process on, see WRIT AND PROC- 
 
 ESS, 13, 18. 
 Privilege of, from service of process, see 
 
 WBIT AND PROCESS, 32, 34, 36. 
 
 Foreign corporations as. 14 L.R.A. 185. 
 Municipal power over nonresidents as to 
 
 defining, preventing, and abating nui- 
 
 sances. 36 L.R.A. 603. 
 Civil liability of, for damage done by stock 
 
 Avhile straying in district prohibiting 
 
 running of animals at large. 22 L.R.A. 
 
 (N.S.) 1098. 
 Law governing validity of discrimination 
 
 against, in assignment for creditors. 
 
 65 L.R.A. 354. 
 Reimbursement or subrogation of purchaser 
 
 on annulling judicial sale in proceed- 
 
 ings against. 69 L.R.A. 52.
 
 992 
 
 INDEX TO L.R.A. NOTES. 
 
 NONRESIDENTS cont'd 
 
 Nonresidence as ground of equitable set-off 
 30 L.R.A. (N.S.) 21; L.R.A.1918B, 425. 
 
 Necessity of exhaustion of remedy as to 
 nonresident or absent debtor as condi- 
 tion precedent to creditors' bill. 23 
 L.R.A. (N.S.) 85. 
 
 Nonresidence of maker of note as excuse 
 for delay in enforcing liability. 18 
 L.R.A.(N.S.) 560. 
 
 Right or duty of municipality to supply 
 nonresidents with water. 34 L.R.A. (N. 
 S.) 542. 
 
 Necessity of consent or notice to nonresident 
 parent on adoption of child. 30 L.R.A. 
 (N.S.) 151. 
 
 Applicability to vehicles owned by nonresi- 
 dents of city ordinance imposing li- 
 cense on use of vehicles. 23 L.R.A. (N. 
 S.) 453. 
 
 Of defendant as affecting jurisdiction of 
 equity over suits affecting rea.1 prop- 
 erty in another state or country. 69 
 L.R.A. 677. 
 
 Service of notice in proceedings to revive 
 judgment on nonresident of state. 37 
 L.R.A.(N.S.) 1163. 
 
 Right to protection on ground of unfair 
 competition against simulation of geo- 
 graphical name by a nonresident. 26 
 L.R.A. (N.S.) 80. 
 
 Right of sheriff or constable to appoint non- 
 resident deputies. L.R.A.1916B, 900. 
 
 Debtor's right of action against his nonresi- 
 dent creditor for collecting debt in 
 state of creditor's domicil in evasion of 
 exemption laws of domicil of debtor. 
 47 L.R.A. (N.S.) 689. 
 
 Application to, of regulations as to draymen. 
 45 L.R.A. (N.S.) 1155. 
 
 Discrimination as to nonresidence in license 
 tax upon automobiles. 52 L.R.A. (N.S.) 
 951. 
 
 Unknown nonresidence of juror as ground 
 for new trial. 50 L.R.A. (N.S.) 975. 
 
 Effect of nonresidence of family whose head 
 is a resident on latter's right to home- 
 stead. 52 L.R.A.(N.S.) 746. 
 
 2. Rights of. 
 
 Right of nonresident widow to statutory 
 allowance, see EXECUTORS AND ADMIN- 
 ISTRATORS, 55a. 
 
 Right to claim exemption, see EXEMPTION, 
 10. 
 
 Right to become stockholders in corpora- 
 tion. 24 L.R.A. 252. 
 
 Right to act as executor or administrator. 
 1 L.R.A.(N.S.) 341, 349. 
 
 Right to locate mining claim. 7 L.R.A. (N. 
 S.) 816. 
 
 Validity of statute or regulations affecting 
 right to practise medicine or surgery 
 of one who has practised in another 
 state or is a nonresident. 49 L.R.A. 
 (N.S.-) 350. 
 
 Validity of statute giving nonresident of 
 school district right to attend school 
 without charge. 24 L.R.A. (N.S.) 1104. 
 
 Right of, to sue. 70 L.R.A. 513. 
 
 NONRESIDENTS cont'd 
 
 Right of action for benefit of nonresident 
 aliens. 3 L.R.A. (N.S.) 473; 21 L.R.A: 
 (N.S.)_267. 
 
 Right of alien nonresident to maintain stat- 
 utory action for death of other person. 
 54 L.R.A. 934. 
 
 Right of nonresident insane person having 
 no committee within jurisdiction to in- 
 stitute proceedings by next friend. 64 
 L.R.A. 529. 
 
 3. Injunction against. 
 
 Non-residence as ground for injunction 
 against judgment for purchase money. 
 31 L.R.A. 749, 766. 
 
 Effect of vendor's nonresidence on right to 
 injunction against collection of pur- 
 chase money where title to land is -de- 
 fective. 7 L.R.A.(N.S.) 451. 
 
 Effect of nonresidence of defendant on right 
 to injunction against trespass to cut 
 timber. 43 L.R.A. (N.S.) 267. 
 
 4. Effect of judgment against. 
 
 Effect of judgment against part of joint 
 obligors to release others where some 
 of debtors are nonresidents. 43 L.R.A. 
 162. 
 
 Collusiveness of judgment rendered in for- 
 eign country against nonresident. 20 
 L.R.A. 678. , 
 
 NONRIPARIAX LANDS. 
 
 Correlative rights of upper and lower pro- 
 prietors as to use of water on. 41 
 L.R.A. 740. 
 
 Right to make use on nonriparian lands of 
 water rights incident to riparian lands. 
 22 L.R.A.(N.S.) 383; 49 L.R:A. (N.S.) , 
 57. 
 
 NONSUIT. 
 
 Conclusiveness of judgment on, see JUDG- 
 MENT, 31a. 
 In general, see TRIAL, 56-59. 
 
 Collateral attack on judgment of, for fraud 
 not affecting the jurisdiction. 36 
 L.R.A.(N.S.) 986. 
 
 NONSUPPORT. 
 
 Husband's liability for, see HUSBAND AND 
 'WIFE, 70. 
 
 Begin 
 
 this boofc on every law question. 
 
 NONTIDAL RIVERS. 
 
 Title to land under. 42 L.R.A. 165; 
 Navigability of. 42 L.R.A. 305.
 
 INDEX TO L.R.A. NOTES. 
 NONTRIBAL INDIANS. NOTICE cont'd 
 
 993 
 
 -Jurisdiction to punish crimes committed by. 
 21 L.R.A. 173. 
 
 NONUSER. 
 
 Loss of easement by, see EASEMENTS, 27. 
 
 Discontinuance of highway by, see HIGH- 
 WAYS, 110. 
 
 Loss of rights in water by, see WATERS, 
 37. 
 
 Reverter of land conveyed for school pur- 
 poses, because of. 44 L.R.A. (N.S.) 
 1227. 
 
 NORMAL SCHOOL. 
 
 Use of common school or teachers' training 
 school. 20 L.R.A. (N.S.) 1033. 
 
 NORTHWESTERN TERRITORY. 
 
 Effect of admission of state into the Union 
 upon ordinance of 1787. 52 L.R.A. 
 (N.S.) 305. 
 
 NOTARIES. 
 
 Right of woman to be. 38 L.R.A. 214; 5 
 L.R.A.(N.S.) 415; L.R.A.1915F, 898. 
 
 Place at which official acts of, may be per- 
 formed. 33 L.R.A. 92. 
 
 Power as to contempt. 36 L.R.A. 822. 
 
 Right to attach or correct certificate of 
 acknowledgment after date of acknowl- 
 edgment. 22 L.R.A.(N.S.) 216. 
 
 Presumption as to authority of notary pub- 
 lic of another state or country to ad- 
 minister an oath. L.R.A.1916A, 1169. 
 
 Liability of notary or other officer certify- 
 ing to acknowledgment or affidavit. 49 
 L.R.A.(N.S.) 45. 
 
 Liability of collecting bank for acts and 
 omissions of notaries public employed 
 as subagents. 52 L.R.A. (N.S.) 656. 
 
 NOTES. 
 
 See BILLS AND NOTES. 
 
 NOTICE. 
 
 I In general, 1-11. 
 II. Constructive notice, 12. 
 III. Imputed notice, 13-15. 
 fF. Of rights in real property, $$ 16, 
 
 17. 
 Consult also L.R.A. Digests of Cases. 
 
 63 
 
 I. In general. 
 
 1. Generally. 
 
 Of assignment, see ASSIGNMENT, 12. 
 
 Of equities to transferee of commercial pa- 
 per, see BILLS AND NOTES, 42. 
 
 Of nonpayment of bill or note, see BILLS 
 AND NOTES, 43-53. 
 
 Of claim against carrier, see CARRIERS, 
 133, 134. 
 
 Of arrival of goods at destination, see CAR- 
 RIERS, 118. 
 
 Of eminent domain proceedings, see EMI- 
 NENT DOMAIN, 32, 33. 
 
 Of accounting by personal representative, 
 see EXECUTORS AND ADMINISTRATORS, 
 51. 
 
 To purchaser from fraudulent grantor, see 
 FRAUDULENT CONVEYANCES, 12. 
 
 Of acceptance of guaranty, see GUARANTY, 
 
 7- 
 
 Of default to guarantor, see GUARANTY, 8. 
 
 Of defects in highway, see HIGHWAYS, 
 302-105. 
 
 Of injury, see HIGHWAYS, 106, 107; 
 MASTER AND SERVANT, 57, 64; MU- 
 NICIPAL CORPORATIONS, 104-107; 
 STREET RAILWAYS, 24. 
 
 Of lunacy proceedings, see INCOMPETENT 
 PERSONS, 6. 
 
 Of intent to cancel insurance policy, see 
 INSURANCE, 51. 
 
 Of insurance premiums, see INSURANCE, 
 108. 
 
 Of loss, injury, or death, see INSURANCE, 
 145. 
 
 To produce, see EVIDENCE, 120a. 
 
 To quit, see LANDLORD' AND TENANT, 95. 
 
 Of pendency of action, see Lis PENDENS. 
 
 To servant of danger, as affecting question 
 of assumption of risk, see MASTER AND 
 SERVANT, 113. 
 
 Of mechanics' lien, see MECHANICS' LIENS, 
 26, 27. 
 
 Of discovery of mine, see MINES, 15. 
 
 Of dissolution of partnership, see PARTNER- 
 SHIP, 30. 
 
 Of application for appointment of receiver, 
 see RECEIVERS, 1. 
 
 Of unrecorded conveyance, see RECORDS AND 
 RECORDING LAWS, 22. 
 
 Of defect causing injury, see STREET RAIL- 
 WAYS, 24. 
 
 Of tax sale, see TAXES, 73. 
 
 Of redemption from tax sale, see TAXES, 
 85. 
 
 Of trial, see TRIAL, 6. 
 
 Of probate proceedings, see WILLS, 53. 
 
 By publication, see WRIT AND PROCESS, 
 20, 21. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 187, 188. 
 
 Presumption and burden of proof as to, 
 see EVIDENCE, 37. 
 
 As condition of municipal liability, see 
 MUNICIPAL CORPORATIONS, 304-107. 
 
 Question for jury as to, see TBIAL, 35. 
 
 Presumption as to receipt of notice sent 
 through mail. 49 L.R.A. (N.S.) 458.
 
 994 
 
 INDEX TO L.R.A. NOTES. 
 
 NOTICE, I. cont'd 
 
 Of withdrawal from building and loan as- 
 sociation. 49 L.R.A.(N.S.) 1133. 
 
 Of forfeiture of corporate stock. 27 L.R.A. 
 310. 
 
 To corporation claiming lien on stock of 
 pledge or sale thereof. 39 L.R.A. 
 (N.S.) 298. 
 
 To pledgee or purchaser of corporate stock 
 of corporation's claim to lien thereon. 
 39 L.R.A.(N.S.) 293. 
 
 Of conveyance by one cotenant to third per- 
 son and adverse possession founded on 
 such conveyance against others. 32 
 L.R.A.(N.S.) 707. 
 
 To purchaser or mortgagee of firm prop- 
 erty. 28 L.R.A. 174. 
 
 Of sale or mortgage of future crops. 23 
 L.R.A. 462; L.R.A.1917C, 32. 
 
 To remove standing timber conveyed with- 
 out conveying title to the land. 55 
 L.R.A. 535. 
 
 Of assessment to members of mutual fire 
 insurance companies. 32 L.R.A. 502. 
 
 Of assignment of policy to creditor. 50 
 L.R.A. 37. 
 
 Priority of notice of assignment to trustee 
 as giving priority of right. 66 L.R.A. 
 760. 
 
 Of withdrawal from loan association. 35 
 L.R.A. 292. 
 
 Of condition that bond shall not take effect 
 until signed by others. 45 L.R.A. 327, 
 347. 
 
 Of time, place, and manner of sale of col- 
 lateral bonds and commercial paper. 
 53 L.R.A. 862. 
 
 Of attorney's lien. 37 L.R.A. (N.S.) 226. 
 
 Of ?hange of ownership of trademark. 1 
 L.R.A.(N.S.) 725. 
 
 Of limitation on agent's power to waive 
 conditions existing at inception of 
 policy. 13 L.R.A. (N.S.) 858. 
 
 Of tunnel claim. 53 L.R.A. 799. 
 
 Of location of mining claim. 7 L.R.A. 
 (N.S.) 832. 
 
 To bind surety or guarantor by judgment 
 against principal. 40 L.R.A. (N.S.) 
 737; L.R.A.1918E, 814. 
 
 To patrons of telegraph company as to 
 office hours. 53 L.R.A. 733. 
 
 Of defect in street car track. 52 L.R.A, 
 456. 
 
 To employee of railroad company injured by 
 defectively loaded car. 13 L.R.A. (N.S.) 
 391; 49 L.R.A.(N.S.) 1011. 
 
 By owner of premises of presence of spring 
 guns, traps, and other dangerous in- 
 struments. 29 L.R.A. 158. 
 
 To person injured by escape and explosion 
 of gas. 29 L.R.A. 358. 
 
 Materiality of, in case of set-off against 
 judgment in hands of assignee. 23 
 L.R.A. 337. 
 
 In proceedings to determine rights of, 
 mother or reputed father to custody or 
 control of illegitimate child. 65 L.R.A. 
 096. 
 
 Of proceedings to abate nuisance. 36 L.R.A. 
 613. 
 
 Of proceedings to vacate highway. 26 
 L.R.A. 828. 
 
 with this l>oo/>- on every law question. 
 
 NOTICE, I. cont'd 
 
 Of drawing of grand jury. 27 L.R.A. 783. 
 
 Notice to adverse party of application to. 
 correct record on appeal. 31 L.R.A. 
 (N.S.) 211. 
 
 Conclusiveness of decision of tribunal of 
 association or corporation as to notice 
 of meeting at which member was ex- 
 pelled. 49 L.R.A. 3(58. 
 
 Burden of proving notice of fraud to sub- 
 vendee of chattels when original seller 
 seeks to rescind for fraud of first pur- 
 chaser. 8 L.R.A. (N.S.) 448. 
 
 Reliance on receiving notice from opposing 
 counsel as excuse for default. 4 L.R.A. 
 (N.S.) 196. 
 
 Holding over after expiration of lease with 
 option for extension or renewal with- 
 out formally exercising such option 
 where notice is required by lease. 29 
 L.R.A.(N.S.) 177; L.R.A.1916E, 1234. 
 
 Law governing validity of stipulation as 
 to notice of claim against telegraph 
 company. 41 L.R.A. (N.S.) 224. 
 
 Signing notice by proxy. 22 L.R.A. 29$. 
 
 Effect of holding over after notice of inten- 
 tion to quit. L.R.A.1915A, 235. 
 
 Fact that check is postdated as notice jf 
 bank officer's lack of authority to cer- 
 tify it. L.R.A.1917F, 1099. 
 
 2. Necessity for. 
 
 As condition precedent to bringing of suit, 
 see ACTION OR SUIT, 10. 
 
 As essential to punishment for disobedience,, 
 see CONTEMPT, 9. 
 
 Necessity of notice of acceptance of guar- 
 anty, see GUARANTY, 7. 
 
 Of injury as essential to recovery on em- 
 ployer's liability insurance policy, see- 
 INSURANCE. 216. 
 
 As essential to recovery on insurance 
 policy generally, see INSURANCE, 14'). 
 
 As condition of municipal liability, see 
 MUNICIPAL CORPORATIONS, 106. 
 
 As essential to liability of purchaser for 
 nuisance, see NUISANCES, 17. 
 
 Of defect as prerequisite to recovery on 
 warranty, see SALE, 56. 
 
 Duty to notify sender of telegram of its 
 nondelivery, see TELEGRAPHS, 14. 
 
 Notice required by workmen's compensation 
 acts, see WORKMEN'S COMPENSATION, 
 14. 
 
 What notice is necessary to due process of 
 law in tax proceedings. L.R.A. 1916E, 
 5. 
 
 Necessity for notice to party secondarily 
 liable on bill or note of reservation of 
 rights against him upon granting ex- 
 tension of time to party primarily lia- 
 ble. 46 'L.R.A. (N.S.) 93. 
 
 Right of abutting owner to notice and op- 
 portunity to do the work before munic- 
 ipality contracts for improvements in 
 street. 44 L.R.A. (N.S.) 553. 
 
 Necessity of notice of default to bind guar- 
 antor. 20 L.R.A. 257. 
 
 As condition of cotenant's liability for re- 
 pairs. 29 L.R.A. 459.
 
 INDEX TO L.R.A. NOTES. 
 
 995 
 
 NOTICE, I. cont'd 
 
 Necessity of notice to owner of intention 
 to assess his property for supposed 
 benefits. 30 L.R.A. (N.S.) 40. 
 
 Necessity of giving mortgagee or other 
 lienor notice of public improvement. 
 37 L.R.A. (N.S.) 558. 
 
 Effect of omitting notice of copyright from 
 licensed publication. 66 L.R.A. 444. 
 
 Duty of bailee to give bailor notice of legal 
 proceedings affecting the property. 33 
 L.R.A.(N.S.) 693. 
 
 Duty of shipper of explosives to give no- 
 tice of dangerous nature of goods. 
 L.R.A.1916B, 731. 
 
 Duty of carrier to give notice before sell- 
 ing goods or otherwise disposing of 
 them contrary to shipping directions. 
 45 L.R.A. (N.S.) 18. 
 
 To passenger of limitation of time within 
 which transportation ticket may be 
 used. L.R.A.1918A, 782. 
 
 Necessity of notice, actual or constructive, 
 of transfer not required to be recorded 
 or registered to start the four months' 
 period relating to preferences, under 
 ' 60 of the bankruptcy act. 9 L.R.A. 
 (N.S.) 585. 
 
 Necessity of beneficiary's knowledge of 
 trust. 10 L.R.A.(X"S.) 616. 
 
 Notice to vendor as condition of vendee's 
 right to refuse subsequent deliveries 
 after breach as to earlier deliveries. 
 8 L.R.A. (N.S.) 1110. 
 
 Necessity of actual notice of retirement of 
 member of firm to relieve retiring mem- 
 ber from liability on obligation renewed 
 after his retirement. 4 L.R.A. (N.S.) 
 800. 
 
 Necessity of notice of appointment of um- 
 pire or third arbitrator and of proceed- 
 ings before him. 19 L.R.A. (N.S.) 696. 
 
 Necessity of notice to revoke power of at- 
 torney. 1 L.R.A. (N.S.) 577. 
 
 Law governing stipulation in contract mak- 
 ing notice of damages a condition of 
 right of action. 7 L.R.A. (N.S.) 191. 
 
 Failure to serve statutory notice of libel 
 on right to actual damages. 13 L.R.A. 
 (N.S.) 525. 
 
 Statute requiring notice of claim before I 
 commencing an action as a statute of 
 limitations. 8 L.R.A.(N.S-) 997. 
 
 To oflicer levying writ on tenant's goods 
 and chattels, that rent will be charged 
 for use of leased premises. 43 L.R.A. 
 (N.S.) 529. 
 
 Duty to notify insurer of facts, developing 
 after submission of application, but be- 
 fore delivi-rv of policy or certificate. 
 8 L.R.A. (X.S.) 983. 
 
 To insured, of contract of reinsurance. 44 
 L.R.A. (N.S.) 318. 
 
 Applicability to premium notes of statute 
 requiring notice of maturity of pre- 
 miums. 5 B. R. C. 434. 
 
 Necessity of notice to stockholder to bind 
 him by an order for unpaid stock sub- 
 scription in insolvency proceedings 
 36 L.R.A. (N.S.) 177. 
 Consult also L.R.A. Digests of Cases. 
 
 NOTICE, I. cont'd 
 
 Necessity of notice to tenant before taking 
 advantage of covenants in lease as to 
 payment of taxes and assessments. 
 L.R.A.1915A, 354. 
 
 Necessitj* for notice of reletting to tenant 
 who lias abandoned premises. 13 
 L.R.A. (N.S.) 401. 
 
 Notice to landlord of defect in premises as 
 essential to his liability to tenant for 
 injuries therefrom. 34 L.R.A. (N.S.) 
 808; 48 L.R.A. (N.S.) 921. 
 
 Notice to landlord of defective condition to 
 render him liable to tenant for damage 
 by water. L.R.A. 1917 B, 231. 
 
 Necessity of giving purchaser who refuses 
 to accept goods notice of resale or of 
 intention to resell, as affecting right of 
 action against him. 42 L.R.A. (N.S.) 
 677. 
 
 Of danger of destruction of property by mob. 
 44 L.R.A. (N.S.) 360. 
 
 Of intent of mob to destroy property. 24 
 L.R.A. 598. 
 
 To adjoining owners before setting lire. 21 
 L.R.A. 262. 
 
 Notice of defect in highway as prerequisite 
 to personal liability of highway officers. 
 22 L.R.A. 82J); 52 L.R.A. (N.S.) 146. 
 
 Validity of requirement of written notice 
 of defect to render municipal corpora- 
 tion liable for injuries caused by 'de- 
 fective highway. 11 L.R.A. (N.S.) 391. 
 
 Necessity of notice to purchasing railroad 
 company to construct culverts, where 
 road was originally constructed with- 
 out them. 12 L.R.A. (N.S.) 571. 
 
 Constitutionality of requirement of notice 
 of defect, or of injuries, as a condition 
 of liability for personal injuries. 15 
 L.R.A. (N.S.) 203. , 
 
 Necessity of, to make owner of premises 
 liable for continuing nuisance created 
 by predecessor. 27 L.R.A.(N.S.) 164; 
 50 L.R.A. (N.S.) 595. 
 
 Duty of telegraph company to notify sender 
 of delay in transmission or delivery 
 of message. 16 L.R.A. (N.S.) 870. 
 
 Sufficiency of general allegations of negli- 
 gence as affected by necessity of notice 
 of nature of claim.' 59 L.R.A. 216.' 
 
 Necessity of notice of intention to exercise 
 option reserved in contract of sale to 
 return or resell property. 50 L.R.A. 
 (N.S.) 595. 
 
 Notice to mortgagor of intention to exer- 
 cise implied power of sale. 3 B. R. C. 
 924. 
 
 Notice of contact of wires carrying electric 
 current as condition of liability f0r in- 
 jury resulting therefrom. 52 L.R.A. 
 (N.S.) 605. 
 
 Necessity of notice not to give wife credit 
 to protect husband from liability for 
 necessaries furnished her while living 
 apart from him. L.R.A.1917A, 96S. 
 Before removal by municipality of spur 
 track, turnout, or switch from street 
 or highway. L.R.A.1918B, 482. 
 Notice to creditors under Bulk Sales Law 
 L.R.A. 1917F, 230.
 
 99G 
 
 INDEX TO L.R.A. NOTES. 
 
 NOTICE, I. cont'd 
 
 3. in judicial proceedings gener- 
 ally. 
 
 Necessity of, to constitute due process, see 
 CONSTITUTIONAL LAW, 187. 
 
 Necessity of notice of intention by attor- 
 ney to withdraw from suit because of 
 client's misconduct. 35 L.R.A. (N.S.) 
 963. 
 
 Necessity of, for entry of judgment nunc 
 pro tune. 20 L.R.A. 147. 
 
 Injunction against judgment obtained in 
 violation of agreement to give notice. 
 30 L.R.A. 789. 
 
 Of distribution in probate proceedings as 
 jurisdictions!. 37 L.R.A. (N.S.) 368. 
 
 When may notice of application for ap- 
 pointment of receiver of growing crop 
 be dispensed with. 11 L.R.A.(N.S.) 
 960. 
 
 To parent as condition of valid adoption of 
 child. 30 L.R.A. (N.S.) 146. 
 
 Notice of application by guardian for leave 
 to sell infant's real estate as jurisdic- 
 tioncd. 8 L.R.A. (N.S.) 1215.' 
 
 Of application for alimony as prerequisite 
 to contempt 'proceedings to compel pay- 
 ment. 24 L.R.A. 437. 
 
 Necessity of notice of injunction to render 
 one not a party guilty of contempt in 
 disobeying it. 23 L.R.A. (N.S.I 1295. 
 
 Right of one charged with contempt to no- 
 tice and hearing. 10 L.R.A.(N.S.) 198. 
 
 Necessity of notice to make conclusive on 
 the courts, decisions of tribunal of mu- 
 tual benefit society, suspending or 
 expelling a member. 52 L.R.A. (N.S.) 
 811. 
 
 4. in proceedings affecting lunatic. 
 
 Necessity of notice to alleged lunatic of 
 lunacy proceedings. 23 L.R.A. 737: 26 
 L.R.A.(N.S.) 232. 
 
 Collateral attack on lunacy proceedings for 
 want of notice to lunatic. 23 L.R.A. 
 743; 12 L.R.A. (N.S.) 895; 26 L.R.A. 
 (.N.S.) 237. 
 
 Necessity of notice to insane person of ap- 
 plication for sale of his property to 
 pay debts. 29 L.R.A. (N.S.) 147. 
 
 5. Sufficiency of. 
 
 Constructive notice, see infra, 12. 
 
 Of judicial sale, see JUDICIAL SALE, 5a. 
 
 As condition of municipal liability, see 
 
 MUNICIPAL CORPORATIONS, 105." 
 Sufficiency of notice of contents of telegram, 
 
 see TELEGRAPHS, 19. 
 
 .Notice required by workmen's compensation 
 \ acts, see WORKMEN'S COMPENSATION, 
 14. 
 
 Of assignment of claim sufficient to prevent 
 
 set-off. 23 L.R.A. 310. 
 Of notice of alleged lunacy proceedings. 26 
 
 L.R,A.(N.S.) 232. 
 Of notice of injunction to render one not a 
 
 party guilty of contempt in disobeying 
 
 it. 23 L.R.A. (N.S.) 1295. 
 Of notice to creditors of assumption of 
 
 debts on dissolution of partnership. 9 
 
 L.R.A.(N.S.) 89; 48 L.R.A. (N.S.) 553. 
 
 NOTICE, I. cont'd 
 
 Effect of notice to person by wrong initial. 
 15 L.R.A.(N.S.) 129; 42 L.R.A. (N.S.) 
 151. 
 
 Sufficiency of notice of condemnation pro- 
 ceedings to occupant only. 16 L.R.A. 
 186. 
 
 What amounts to notice that corporate 
 stock is held in trust. 15 L.R.A. 643. 
 
 Necessity and sufficiency of statement of 
 grounds in notice of protest required 
 as condition of recovering back pay- 
 ment of an unlawful tax. 36 L.R.A. 
 (N.S.) 476. 
 
 Enactment of law giving superior lien to 
 local assessment as notice to encum- 
 brancers of priority of subsequent as- 
 sessment. 35 L.R.A. 376. 
 
 Effect of public records as notice or evi- 
 dence of notice which will set statute 
 of limitations running against action 
 based on fraud. 22 L.R.A.(N.S.) 208. 
 
 Mere existence of party wall as notice to 
 grantee of agreement by predecessors 
 to contribute to cost in event of use. 
 24 L.R.A.(N.S.) 1038. 
 
 When telegraph company dmrged with no- 
 tice of importance of commercial mes- 
 sage. 41 L.R.A.(N.S.) 1188. 
 
 Sufficiency of service of notice necessary to 
 fix contract rights upon bankrupt after 
 initiation of bankruptcy proceedings 
 but before appointment of trustee. 
 41 L.R.A.(N.S.) 276. 
 
 Definiteness of complaint to employer to 
 charge him with notice of defect caus- 
 ing injury. 2 L.R.A. (N.S.) 469. 
 
 Sufficiency of notice of injury under em- 
 ployers' liability act. 21 L.R.A. (N.S.) 
 233. 
 
 Delinquent servant's general reputation as 
 notice of incompetency to master. 41 
 L.R.A. 97. 
 
 Of notice of postponement of judicial sale. 
 L.R.A.1915B, 640. 
 
 Of notice of prior assignment to give it 
 priority over garnishment. L.R.A. 
 1916E, 90. 
 
 To passenger of limitation of time within 
 which transportation ticket may be 
 used. L.R.A.1918A, 782. 
 
 Sufficiency of notice by surety to creditor to 
 proceed in the enforcement of the obli- 
 gation against the principal. L.R.A. 
 1918C, 19, 28. 
 
 Sufficiency of notice to insured of cancela- 
 tion of fire policy. 50 L.R.A. (N.S.) 35. 
 
 Sufficiency of notice to member of benefit 
 society to render his expulsion or sus- 
 pension conclusive on the courts. 52 
 L.R.A.(N.S.) 811. 
 
 Sufficiency of notice of contact of wires car- 
 rying electric current. 52 L.R.A. (N.S.) 
 606. 
 
 What constitutes notice of intended mis- 
 appropriation which will render bank 
 liable for failure to prevent misappro- 
 priation of funds by a fiduciary. L.R.A. 
 1915C, 530. 
 
 WTiat notice is necessary to due process of 
 law in tax proceedings. L.R.A.1916E, 
 5. 
 
 Begin irtth this boolc on every lair question.
 
 INDEX TO L.R.A. NOTES. 
 
 997 
 
 NOTICE, I. cont'd 
 6. Effect of. 
 
 Effect of, en servant's assumption of risk, 
 see MASTER AND SERVANT, 113. 
 
 Rights of one completing contract in dis- 
 regard of notice to desist. 16 L.R.A. 
 655. 
 
 To holder affecting validity of note for 
 patent right. 20 L.R.A. 606. 
 
 Effect of notice to purchaser of defect in 
 title on right to injunction against col- 
 lection of purchase money. 7 L.R.A. 
 (N.S.) 460. 
 
 Knowledge of pendency of action as affect- 
 ing right to equitable relief from judg- 
 ment rendered without personal juris- 
 diction over defendant. 9 L.R.A. (N.S.) 
 1062. 
 
 Effect of notice of agency on right of de- 
 fendant in action by undisclosed princi- 
 pal to avail himself of defenses that 
 would have been available in an action 
 by the agent in his own right on the 
 contract. 28 L.R.A. (N.S.) 231; L.R.A. 
 1916A, 1215. 
 
 Effect of omission of statement that owner 
 is unknown in notice of tax sale. 36 
 L.R.A.<N.S.) 1065. 
 
 Effect of purchaser's knowledge of encum- 
 brance in an action for breach of 
 covenant. 4 L.R.A. (N.S.) 309; 32 
 L.R.A.(N.S.) 737. 
 
 Making time of essence of contract by. 15 
 L.R.A. 737. 
 
 Lien acquired by service of, in supplement- 
 ary proceedings. 3 L.R.A. (N.S.) 123. 
 
 Publication by notice of matters derogatory 
 to parties to litigation as contempt of 
 court. 2 B. R. C. 498. 
 
 Effect of notice to purchaser or creditor of 
 previous transfer of corporate stock. 
 67 L.R.A. 677. 
 
 Liability of transferee with notice of cor- 
 porate stock on unpaid subscription. 
 30 L.R.A. (N.S.) 284. 
 
 Effect of notice to tradesmen on husband's 
 liability for necessaries furnished wife. 
 65 L.R.A. 532, 538, 544; 47 L.R.A. 
 (N.S.) 280, 281; L.R.A.1917A, 968. 
 
 Effect of notice on carrier's liability for 
 loss of profits incident to delay in de- 
 livery of articles intended for use. 
 30 L.R.A.(N.S.) 486; L.R.A.1918F, 
 1053. 
 
 Effect of notice on purchaser's- liability for 
 damming back water of stream. 59 
 L.R.A. 861. 
 
 Duty as to electric wires over highway as 
 affected by notice that wire is down. 
 22 L.R.A. (N.S.) 1175; 1 B. R. C. 807. 
 
 Effect of giving purchaser who refuses to 
 accept goods notice of resale or of in- 
 tention to resell, as affecting right of 
 action against him. 42 L.R.A. (N.S. ) 
 677. 
 
 Effect on priority of garnishment over pri- 
 or assignment. L.R.A.1916.E, 81. 
 
 Effect of notice not to pay on liability of 
 stakeholder or depositary of funds to 
 be held in connection with an illegal 
 transaction. L.R.A.1918F, 975. 
 
 Consult also L.R.A. Digests of Cases. 
 
 NOTICE, I. cont'd 
 
 Effect of, on right to set up estoppel of 
 public corporaton to deny validity of 
 bonds. L.R.A.1915A, 917. 
 
 Effect of notice of defects on right to set 
 up estoppel of public corporation to 
 deny validity of contract. L.R.A. 
 1915A, 1007. 
 
 Right of seller of chattel retaining title or 
 lien as against a purchaser of realty 
 to which it is affixed who has notice of 
 seller's rights. 49 L.R.A. (N.S.) 399. 
 
 Notice to insurer's agent of presence of pro- 
 hibited articles as affecting provision in 
 fire insurance policy prohibiting pres- 
 ence of designated articles on premises. 
 3 B. R. C. 43. 
 
 Effect of notice on right to set-off against 
 judgment in hands of assignee. L.R.A. 
 1917F, 1011. 
 
 7. Effect of lack of notice. 
 
 Effect of ignorance on criminal responsi- 
 bility, see CRIMINAL LAW, 13. 
 
 Effect of lack of notice to creditors under 
 Bulk Sales Law. L.R.A.1917F, 230. 
 
 Lack of actual notice in case of construc- 
 tive service as ground for relief from 
 judgment. 31 L.R.A. (N.S.) 1068. 
 
 Right of bank remitting for or paying 
 forged check as against the depositor or 
 correspondent bank as affected by the 
 latter's negligence in failing to give no- 
 tice of the forgery. 20 L.R.A. (N.S.) 
 79; L.R.A.1918F, 282. 
 
 Right of bettor to recover his stake from 
 the stakeholder where it has been paid 
 over without notice or demand. L.R.A. 
 1918F, 976. 
 
 Inadmissibility of evidence of condition be- 
 fore accident for lack of notice. 32 
 L.R.A.(N.S.) 1100. 
 
 Effect on priority of garnishment over 
 prior assignment. L.R.A.1916E, 81. 
 
 Right of seller of chattel retaining title or 
 lien as against purchaser without no- 
 tice of realty to which it is affixed. 49 
 L.R.A. (N.S.) 396. 
 
 8. Service of. 
 
 Service of notice in proceedings to revive 
 judgment, see JUDGMENT, 80. 
 
 9. mode of service. 
 
 Service by mail, see POSTOFFICE, 5. 
 
 What constitutes "personal service." 16 
 
 L.R.A. 200. 
 Validity of notice sent by telegraph. 61 
 
 L.R.A. 933. 
 
 10. Publication of. 
 
 Publication of, in foreign language. 34 
 L.R.A. 64. 
 
 Liability of municipality or county on im- 
 plied contract for publishing notices in 
 newspaper. 27 L.R.A.(N.S.) 1130. 
 
 11. Time of. 
 
 As to time of giving notice or commencing 
 suit against carrier, see CARRIERS, 
 133.
 
 998 
 
 INDEX TO L.R.A. NOTES. 
 
 NOTICE, I. cont'd 
 
 Time for notice of loss to insurance com- 
 pany, generally, see INSURANCE, 146. 
 
 First and last days in computing time of. 
 49 L.R.A. 221. 
 
 Time of notice to warrant special damages 
 for carrier's failure to deliver property. 
 3 L.R.A.(N.S.) 1111. 
 
 Giving- of, on holidays. 19 L.R.A. 319. 
 
 Before sale of property by pledgee. 43 
 L.R.A. 750. 
 
 Time of notice of claim for compensation 
 under workmen's compensation acts. 
 L.R.A.1916A, 86; L.R.A.1917D, 138; 
 L.R.A.1918E, 559. 
 
 Delay in giving notice required by policy in- 
 suring against liability for personal 
 injuries to third person. L.R.A. 1918E, 
 
 I/. Constructive notice, 
 
 12. Generally. 
 
 From possession of land, see infra, 17. 
 Record as, see RECOBDS AND RECORDING 
 LAWS, 26, 27. 
 
 Corporate by-law as. 25 L.R.A. 48. 
 
 Constructive notice of lode or vein within 
 placer claim. 50 L.R.A. 291. 
 
 What circumstances will charge one with 
 notice that other contracting party is 
 of unsound mind. 31 L.R.A. (N.S.) 
 1159. 
 
 Of servant as bearing on master's duty to 
 instruct him. 44 L.R.A. 42. 
 
 As element of employer's liability for injury 
 to servant. 41 L.R.A. 43. 
 
 Implied notice to municipality of defects or 
 obstructions in streets. 20 L.R.A. 
 (N.S.) 705. 
 
 Taking note from maker or payee as con- 
 structive notice of accommodation 
 character of an irregular indorsement 
 and lack of authority for such indorse- 
 ment. 2 L.R.A.(N.S.) 525. 
 
 Notice to put purchaser on inquiry as to 
 vendor's intent to defraud creditors. 
 32 L.R.A. 44. 
 
 Constructive notice of contact of wires car- 
 rying electric current. 52 L.R.A. (N.S.) 
 606. 
 
 What constitutes notice to bank of true 
 character of funds where it applies de- 
 posit to indebtedness of one depositing 
 in his own name the funds of another. 
 L.R.A.191SA, 722. 
 
 Check drawn by corporate officer payable to 
 his own order as imparting notice to 
 drawee bank of an intended misappro- 
 priation. L.R.A.1915B, 715. 
 
 Notice imported to holders by commercial 
 paper payable to a public body or offi- 
 cer thereof. L.R.A.1915B, 725. 
 
 Matter in letterhead, billhead or on margin 
 of paper on which contract is written 
 as notice affecting the rights of the 
 parties. L.R.A.1916D, 1072. 
 
 Begin with this boofc on every lair question. 
 
 NOTICE cont'd 
 
 7/7. Imputed notice. 
 
 13. Generally. 
 
 Imputing to landlord knowledge of defect 
 in leased premises. 34 L.R.A. (N.S.) 
 802. 
 
 Owner's imputed knowledge of dangerous 
 character of dog. 24 L.R.A. (N.S.) 462; 
 51 L.R.A. (N.S.) 47. 
 
 When knowledge of danger of low bridge 
 will be imputed to trainman injured 
 thereby. 47 L.R.A. (N.S.) 495. 
 
 Is officer or employee of corporation charge- 
 able with its knowledge of infirmities 
 in commercial paper purchased from it. 
 48 L.R.A. (N.S.) 65; L.R.A.1915D, 
 1099. 
 
 14. Of agent or employee to princi- 
 pal or employer. 
 
 The effect of notice to a subagent. 21 
 L.R.A. 340. 
 
 Whose knowledge of defects is imputed to 
 employer. 41 L.R.A. 132. 
 
 What knowledge of scientific facts imputed 
 to employer. 41 L.R.A. 56. 
 
 To master of probable future accidents. 41 
 L.R.A. 55. 
 
 Admissibility of report by ngent or em- 
 ployee to employer to show notice to 
 principal. 18 L.R.A. (N.S.) 231; 47 
 L.R.A. (N.S.) 830. 
 
 Imputing knowledge by officers or agents 
 of defect in highway to municipality. 
 20 L.R.A. (N.S.) 697; L.R.A.1918B, 649. 
 
 Imputing agent's knowledge of vicious char- 
 acter of dog to owner. 24 L.R.A. (N.S. 'i 
 463. 
 
 Is principal chargeable with knowledge of 
 agent acquired prior to the agency. 
 L.R.A.1918B, 929. 
 
 Imputing to principal notice to agent while 
 acting in other capacity. 3 L.R.A. 
 (N.S.) 444. 
 
 Knowledge by agent that his own act is in 
 excess of authority as notice to prin- 
 cipal. 29 L.R.A.(N.S.) 82. 
 
 Effect of notice to purchaser's agent of 
 vendor's intent to defraud his creditors. 
 32 L.R.A. 62. 
 
 Notice to traveling salesman as notice to his 
 employer. 25 L.R.A. (N.S.) 231. 
 
 Notice to trustee in mortgage or deed of 
 trust as notice to bondholders. 1(> 
 L.R.A.(.N.S.) 1013. 
 
 Knowledge of plaintiff's agent as defense in 
 action for false and fraudulent misrep- 
 resentation, where his knowledge was 
 not disclosed to plaintiff. 6 B. R. C. 
 952. 
 
 Agent's knowledge of defense to bill or note 
 belonging to him and indorsed or trans- 
 ferred by him to his principal, as af- 
 fecting the latter's character as a bona 
 fide holder. L.R.A.1918C, 902. 
 
 15. corporate officer or agent. 
 
 Imputing knowledge of officer to bank, see 
 
 BANKS, 8a. 
 Imputing insurance agent's knowledge to 
 
 compa-ny, see INSURANCE, 20.
 
 INDEX TO L.K.A. NOTES. 
 
 999 
 
 NOTICE cont'd 
 
 How far corporation charged with knowl- 
 edge of managing officer engaged in 
 illegal act. 2 L.R.A.(N.S.) 993. 
 
 IV. Of riglits in real property. 
 
 Ifi. Generally. 
 
 Record as, see RECORDS AND RECORDING 
 LAWS, 20, 27. 
 
 Effect of knowledge of existence of ease- 
 ment over land, see EASEMENTS, 5. 
 
 That real estate is partnership property. 
 27 L.R.A. 480. 
 
 Physical conditions which will charge pur- 
 chaser of servient estate with notice of 
 easement. 8 L.R.A. (N.S.) 418. 
 
 Right of grantee in possession with notice 
 of defective title to question grantor's 
 right to collect purchase money. 21 
 L.R.A. (N.S.) 363. 
 
 Of rights of tenant to transferee of rever- 
 sion of leased premises. L.R.A. 1915C, 
 193. 
 
 17. Possession as notice of title. 
 
 To one claiming estoppel to set up title, see 
 ESTOPPEL, 7a. 
 
 flriieral rules as to effect of possession. 13 
 L.R.A. (N.S.) 51. 
 
 General rules as to the scope of the in- 
 quiry. 13 L.K.A.(N.S.) 66. 
 
 Restriction as to particular title. 13 L.R.A. 
 (N.S.) 68. 
 
 The possession. 13 L.R.A. (N.S.) 73. 
 
 Application of rules to particular classes 
 of cases. 13 L.R.A. (N.S.) 96. 
 
 Application of rules to easements. 13 
 L.R.A. (N.S.) 132. 
 
 Estoppel of possessor to assert claim. 13 
 L.R.A.(N.S.) 135. 
 
 Possession by tenant as notice to transferee 
 of reversion. L.R.A.1915C, 195. 
 
 NOTICE TO PRODUCE. 
 
 See EVIDENCE, 120a. 
 
 NOTICE TO QUIT. 
 
 See LANDLORD AND TENANT, 95. 
 
 NOTORIETY. 
 
 Aa essential element of adverse possession. 
 15 L.R.A.(N.S.) 1200. 
 
 NOVATION. 
 
 Commercial paper, as payment, see PAY- 
 MENT, % 11. 
 
 Distinction between novation and accord ex- 
 ecutory. 12 L.RJUN.S.) 1134. 
 
 Liability of consolidated railroad company 
 for debts of predecessor. 23 L.R.A. 231. 
 
 Consult also L.R.A. Digests of Cases. 
 
 NOVATION cont'd 
 
 Effect of judgment against garnishee to 
 merge or satisfy liability of principal 
 debtor. 47 L.R.A. 131. 
 
 New obligation given by debtor to creditor 
 to secure the release of a lien as a nova- 
 tion of the original obligation. 36 
 L.R.A.(N.S.) 464. 
 
 Is promise by a third party to pay claim 
 arising out of performance of contract 
 between two other persons tainted by 
 the illegality of that contract. 28 
 L.R.A. (N.S.) 996. 
 
 Effect of novation of contract on right of 
 purchaser of chattel to avail himself of 
 breach of warranty made to the seller. 
 51 L.R.A. (N.S.) 1111. 
 
 Secondary agreement abrogating, altering 
 or supplementing prior contract as a 
 novation. L.R.A.1915B, 59. 
 
 Release of original debtor as a condition of 
 novation by substitution of debtors. 
 L.R.A.1918B, 113. 
 
 NOXIOUS VAPORS. 
 
 Presumption as to statutory authority of 
 railroad to commit nuisance by emit- 
 ting. 70 L.R.A. 594. 
 
 NOXIOUS VEGETATION. 
 
 Validity and construction of statute in re- 
 lation to. 43 L.R.A. (N.S.) 1090. 
 
 Liability for permitting spread of, to ad- 
 joining property. 5*2 L.R.A. 293. 
 
 NUISANCES. 
 
 I. What are, 1-9. 
 
 II. Liability for; right to maintain; 
 remedies, 1O-31. 
 
 a. In general, 1O. 
 
 b. Who liable, 11-19. 
 
 c. Remedies; right of action 
 
 , 2O-25. 
 
 d. Defenses, 26-29. 
 
 e. Criminal liability; punish- 
 
 ment, 3O, 31. 
 
 Constitutionality of statutes as to, see 
 
 CONSTITUTIONAL LAW, 128. 
 Affecting health, see HEALTH, 11. 
 Liquor nuisance, see INTOXICATING LIQUORS, 
 
 37. 
 Nuisance on leased premises, see LANDLORD 
 
 AND TENANT, 62. 
 Attractive nuisances, see NEGLIGENCE, 
 
 23, 23a. 
 
 I. What are. 
 
 1. Generally. 
 
 Places of amusement as, see AMUSEMENTS, 
 
 2. 
 Fences as, see FENCES, 5.
 
 3000 
 
 INDEX TO L.K.A. NOTES. 
 
 NUISANCES, I. cont'd 
 In street or highway, see HIGHWAYS, 41. 
 What constitutes a liquor nuisance, see IN- 
 TOXICATING LIQUORS, 37. 
 
 2. As to waters; drains and sewers. 
 
 By pollution, see WATERS, 57. 
 
 Surface water as. 65 L.R.A. 280. 
 Obstruction of navigable water as. 4 L.R.A. 
 
 209;* 59 L.R.A. 90; 51 L.R.A. (N.S.) 
 
 1172. 
 
 3. Trees near boundary. 
 
 Trees near boundary as. 2 B. R. C. 901 ; 
 
 46 L.R.A.(N.S.) 6. 
 Removal of trees near boundary as. 21 
 
 L.R.A. 730. 
 
 4. Noise as element. 
 
 Noise with or without vibration incident 
 to lawful industrial business, as. 17 
 L.R.A.(N.S.) 287; 44 L.R.A. (N.S.) 
 236. 
 
 Keeping of barking dogs as. 7 L.R.A. (N.S.) 
 349. 
 
 Bowling alley as. 40 L.R.A.(N.S.) 75. 
 
 Noisy dancing as. 18 L.R.A. (N.S.) 699. 
 
 On street, as a nuisance subject to munici- 
 pal control. 39 L.R.A. 672. 
 
 Liability of railroad for creating a nuisance 
 by. 32 L.R.A.(N.S.) 371. 
 
 as nuisance. L.R.A.1917E, 369. 
 
 5. Smoke, dust, etc.; odors. 
 
 Stockyards, see STOCKYARDS, 2. 
 
 Municipal control over smoke as a public 
 nuisance. 39 L.R.A.(N.S.) 551; 18 
 L.'R.A.(N.S.) 156; 32 L.R.A.(N.S.) 
 554. 
 
 Use of soft coal as. 13 L.R.A. (N.S.) 465. 
 
 Coal yards as. 32 L.R.A. (N.S.) 522. 
 
 Operation of brick kiln as. 2 L.R.A.(N.S.) 
 92. 
 
 From operation of mine. L.R.A. 1917B, 313. 
 
 Oil refinery as. L.R.A.1918C, 230. 
 
 Gas plant as. 20 L.R.A.(N.S.) 466. 
 
 Driving foul air against neighbor's windows 
 as. 9 L.R.A.(N.S.) 696. 
 
 Keeping pigs. L.R.A.1917C, 212. 
 
 Stable for horses as. 17 L.R.A. (N.S.) 1025; 
 49 L.R.A. (N.S.) 958. 
 
 Burning slack, culm, or other waste mate- 
 rial as a nuisance. 48 L.R.A. (N.S.) 
 244. 
 
 Throwing garbage on surface. 43 L.R.A. 
 (N.S.) 1037; L.R.A.1915C, 747. 
 
 6. Explosives. 
 
 Fireworks as nuisance, see FIREWORKS, 2. 
 
 NUISANCES, I. cont'd 
 
 7. Hospital or pesthouse. 
 
 Hospital as. 29 L.R.A. (N.S.) 49; 52 L.R.A, 
 
 (N.S.) 1032. 
 Insane asylum or hospital for insane as. 
 
 40 L.R.A.(N.S.) 647. 
 
 8. Undertaker's establishment; ceme- 
 tery. 
 
 Undertaker's establishment as. 31 L.R.A. 
 
 (N.S.) 608; L.R.A. 1918A, 829. 
 Cemetery as. 31 L.R.A. (N.S.) 945; 34 
 
 L.R.A.(N.S.) 565. 
 
 9. Miscellaneous. 
 
 Animals as, see ANIMALS, 21, 22. 
 Auction as, see AUCTION, 2. 
 Bridges as, see BRIDGES, 2. 
 Matters relating to gas, see GAS. 3. 
 Spur tracks and sidings as, see SPUR 
 TRACKS AND SIDINGS, 4. 
 
 Dancing as. 18 L.R.A.(N.S.) 699. 
 
 Garage. L.R.A.1917E, 369. 
 
 Pool selling as. 10 L.R.A.(N.S-) 992; 21 
 
 L.R.A.(N.S.) 836; 44 L.R.A. (N.S.) 
 
 161. 
 
 Coasting as. 42 L.R.A. (N.S.) 867. 
 Bees as. 62 L.R.A. 133. 
 Operation of mine as a nuisance. L.R.A. 
 
 1917B, 313. 
 
 Keeping of pigs. L.R.A.1917C, 212. 
 Spring guns, traps, and other dangerous 
 
 instruments on premises as. 29 L.R.A. 
 
 158. 
 Projection of building or other structure 
 
 over the boundary as. 32 L.R.A. (N.S.) 
 
 1010. 
 
 Exhibitions of anatomical subjects as nui- 
 sance. 45 L.R.A. (N.S.) 23. 
 Stable for horses as a nuisance. 17 L.R.A. 
 
 (N.S.) 1025; 49 L.R.A. (N.S.) 958. 
 Theater queue. 7 B. R. C. 124. 
 Illicit cohabitation as a nuisance. L.R.A. 
 
 1916C, 653. 
 
 II. Liability 
 
 for ; right 
 remedies. 
 
 to maintain; 
 
 a. In general. 
 
 10. Generally. 
 
 Liability for blasting, see BLASTING. 
 
 Measure of damages for, see DAMAGES, 
 17, 80. 
 
 Municipal control over, see MUNICIPAL COR- 
 PORATIONS, 34-41. 
 
 Duty and liability of one maintaining tem- 
 porary obstruction in street for purpose 
 of loading or unloading vehicles. 24 
 L.R.A. (N.S.) 97. 
 
 Right as against public, as to nuisance 
 created by damming back water of 
 stream. 59 L.R.A. 848. 
 
 Storage of explosives as. 16 L.R.A. (N.S.) 
 
 691; L.R.A.1915A, 615. b> Who Ua1)le 
 
 Storage of oil, gasolene, or gas as nuisance 
 
 because of explosive or combustible 11. Generally. 
 
 quality. 52 L.R.A. (N.S.) 930. Criminal responsibility, see infra, 30. 
 
 By maintaining powder magazines. 38 Municipal liability in respect of, see MrNlc- 
 
 L.R.A. 306. IPAL CORPORATIONS, 77. 
 
 Begin iHtJi tJiis book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 3001 
 
 NUISANCES, II. b cont'd 
 
 Liability in damages of one of several pol- 
 luters of a stream. 24 L.R.A.(N.S.) 
 1185. 
 
 Liability of owner of vacant property for 
 using it, or permitting it to be used, 
 in such a way as to collect crowds, to 
 the injury of the neighborhood. 11 
 L.R.A.(N.S.) 403. 
 
 -Joint liability of successive owners of prop- 
 erty for nuisance maintained thereon. 
 46*L.R.A.(X.S.) 1187. 
 
 Liability of abutting owner for nuisance 
 created by a predecessor in title upon 
 the highway or adjoining property. 7 
 B. R. C. 581. 
 
 Liability of school district or corporation 
 for. 49 L.R.A.(N.S-) 1032. 
 
 Liability of corporation for nuisance arising 
 while it was in the hands of a receiver. 
 L.R.A.1918F, 321. 
 
 Liability of receiver for continuance of 
 nuisance created before his appoint- 
 ment. L.R.A.1916F, 1020. 
 
 Theater queue as nuisance for which pro- 
 prietor of theater is responsible. 7 B, 
 R. C. 124. 
 
 12. What connection with, or par- 
 ticipation in, essential to liability. 
 
 .Failure of municipality to abate nuisance. 
 32 L.R.A. (N.S.) 890. 
 
 Active contribution to creation or mainte- 
 nance. 32 L.R.A.(N.S.) 897. 
 
 Permitting nuisance on one's premises. 32 
 L.R.A.(N.S.) 899. 
 
 Authorizing nuisance. 32 L.R.A. (N.S.) 900. 
 
 Adopting nuisance. 32 L.R.A. (N.S.) 900. 
 
 Miscellaneous. 32 L.R.A.(N.S.) 900. 
 
 IS. Employer. 
 
 Liability of employer for nuisance commit- 
 ted by independent contractor. 65 
 L.R.A/ 751; 66 L.R.A. 146. 
 
 Liability for acts of independent contractor 
 in work constituting nuisance. 14 
 L.R.A. 833. 
 
 Employer's liability for injuries occurring 
 in performance of work by independent 
 ' contractor through failure to remedy 
 nuisance. 66 L.R.A. 948. 
 
 14. Contractor. 
 
 Liability of contractor to third persons for 
 nuisance caused by defect in his work 
 after its completion and acceptance. 26 
 L.R.A. 506. 
 
 15. Vendor. 
 
 Liability of one erecting or creating a nui- 
 sance upon his land for continuance of 
 same after he has parted with the title. 
 25 L.R.A.(N.S.) 731. 
 
 16. Purchaser. 
 
 Liability of purchaser for adding to nui- 
 sance by damming back flow of stream. 
 59 L.R.A. 860. 
 
 9 17. necessity of notice. 
 
 Necessity of notice to make owner of prem- 
 ises liable for continuing nuisance cre- 
 ated by predecessor. 27 L.R.A. (N.S.) 
 164; 50 L.R.A. (N.S.) 929. 
 
 Consult also L.R.A. Digests of Cases. 
 
 NUISANCES, II. b cont'd 
 
 Necessity of notice to purchasing railroad 
 company to construct culverts, where 
 road was originally constructed with- 
 out them. 12 L.R.A. (N.S.) 571. 
 
 18. Landlord. 
 
 Liability to third persons, see LANDLORD AND 
 TENANT, 62. 
 
 Liability of landlord for, to tenant of part 
 of premises. 23 L.R.A. 158. 
 
 19. Railroad. 
 
 Damage from operation of road. 32 L.R.A. 
 (N.S.) 372. 
 
 Roundhouses and yards. 32 L.R.A. (N.S.) 
 374. 
 
 Terminals, stations, etc. 32 L.R.A. (N.S.) 
 374. 
 
 Use of spur or side track. 32 L.R.A. (N.S. ) 
 375. 
 
 Damage from stock pens and oil. 32 L.R.A. 
 (N.S.) 375. 
 
 Causing overflow, accumulation, or pollution 
 of water. 32 L.R.A. (N.S.) 376. 
 
 Miscellaneous. 32 L.R.A. (N.S.) 377. 
 
 Liability for nuisances caused by negligence 
 of another company using the road un- 
 der a lease, license, or other contract. 
 L.R.A.1918E, 263. 
 
 Necessity of notice to purchasing railroad 
 company to construct culverts where 
 road was originally constructed with- 
 out them. 12 L.R.A.(N.S.) 571. 
 
 c. Remedies; right of action. 
 
 20. Generally. 
 
 Indictment for, see INDICTMENT, INFORMA- 
 TION, AND COMPLAINT, 25. 
 
 Injunction against, see INJUNCTION, 25- 
 29, 65. 
 
 Right of property cwner to damages or in- 
 junction for maintenance of electric 
 light plant in vicinity of his property. 
 27 L.R.A. (N.S.) 237." 
 
 Power of health authorities to require al- 
 terations of private property in a par- 
 ticular manner. 24 L.R.A.(N.S.) 241. 
 
 Remedy for obstruction or destruction of 
 rights of navigation. 59 L.R.A. 91. 
 
 Remedy for protection from pollution of 
 source of municipal water supply. 11 
 L,R.A.(N.S.) 1166; L.R.A.1918E, 957. 
 
 Right of private citizen to destroy liquor 
 illegally kept for sale. 26 L.R.A. (N.S.) 
 996. 
 
 Sufficiency of general allegations as to 
 maintenance of public nuisance. 59 
 L.R.A. 269. 
 
 Effect of legislative authority on remedy. 
 1 L.R.A. (N.S.) 131. 
 
 2 On. Continuing nuisance. 
 
 Character of nuisance as continuing; when 
 cause of action arises; successive 
 actions. L.R.A.1916E, 997. 
 
 21. Abatement. 
 
 Right to abate nuisance by interference with 
 fishing rights. n L.R.A. 524.
 
 1002 
 
 INDEX TO L.R.A. NOTES. 
 
 NUISANCES, II. c cont'd 
 
 Judgment in suit to abate, as bar to ac- 
 tion for damages therefor. 58 L.R.A. 
 735. 
 
 Validity of statutory provision for attor- 
 ney's fee in proceeding by statute to 
 abate a liquor nuisance. L.R.A.1915E, 
 949. 
 
 Vacancy of property as affecting right to 
 enjoin nuisance affecting it. 46 L.R.A. 
 (N.S.) 642. 
 
 Remedy in equity for wrongful issuance of 
 license for sale of intoxicating liquor. 
 L.R.A.1915E, 408. 
 
 Abatement of bawdyhouse. L.R.A. 1918D, 
 819. 
 
 22. who may abate or maintain 
 suit for. 
 
 Special damage from awning or structure 
 overhanging street which will sustain 
 action by private person to abate it. 
 48 L.R.A.(N.S.) 173. 
 
 Obstruction in highway preventing access 
 to property except by circuitous route 
 as a special injury entitling owner to 
 maintain suit for abatement. 8 L.R.A. 
 (N.S.) 227; 21 L.R.A. (N.S.) 75; L.R.A. 
 1917A, 1155. 
 
 Right of one who navigates stream or floats 
 logs therein to abate nuisance arising 
 from bridge. 51 L.R.A. (N.S.) 1172. 
 
 Right of lessee to maintain suit to abate a 
 nuisance affecting possession. 3 L.R.A. 
 (N.S.) 448. 
 
 Right of municipality to maintain suit to 
 abate nuisance. 51 L.R.A. 657; L.R.A. 
 1916D, 1020. 
 
 State as proper party to maintain bill to 
 abate nuisance in city street. 19 L.R.A. 
 (N.S.) 1172. 
 
 Who may maintain suit to abate bawdy- 
 house. L.R.A.1918D, 819. 
 
 Interference with pleasurable use of stream 
 as causing special damage or peculiar 
 injury which will sustain suit for 
 abatement by private individual. 
 L.R.A.1917F, 208. 
 
 Statute empowering or requiring public or 
 local authorities to maintain suit to 
 abate public nuisance as affecting the 
 right of an individual peculiarly af- 
 fected to maintain the suit. L.R.A. 
 1917E, 1009. 
 
 23. right to compensation for 
 property injured or destroyed in 
 abating public nuisance. 
 
 Nuisances in highways. 19 L.R.A. 196. 
 
 Killing animals. 19 L.R.A. 196. 
 
 Liquor nuisance. 19 L.R.A. 197. 
 
 fiaming apparatus. 19 L.R.A. 197. 
 
 Fish nets. 19 L.R.A. 197. 
 
 Liability for removing buildings on account 
 
 of fire. 19 L.R.A. 197. 
 Other cases of destroy ins buildings and 
 
 other property. 19* L.R.A. 198. 
 Liability of private person for damages to 
 
 property in abating a nuisance. L.R.A. 
 
 1917C, 1042. 
 
 NUISANCES, II. c cont'd 
 
 24. Who may maintain action for. 
 
 Action for abatement, see supra, 22. 
 Who may sue for injunction, see INJTJNC- 
 TIOX", 25-29, 65. 
 
 In case of continuing nuisance. L.R.A. 
 1916E, 997. 
 
 Necessity of interest or estate in premibes 
 affected by nuisance to sustain action 
 for death or bodily injury from the 
 nuisance. 43 L.R.A. (N.S.) 871. 
 
 How far property right necessary to sus- 
 tain action for. 15 L.R.A. 689. 
 
 Right of one in possession to maintain ac- 
 tion for nuisance without proving 
 title. 34 L.R.A.(N.S.) 560. 
 
 25. private right of action; special 
 damages. 
 
 Violation of statute or ordinance relating 
 to explosives as nuisance giving right 
 of private action. 48 L.R.A. (N.S.) S7S. 
 
 Private right of action for obstruction ol 
 navigable stream. 3 L.R.A. (N.S.) 
 1326; 38 L.R.A. (N.S.) 763. 
 
 Interference with pleasurable use of stream 
 as causing special damage or peculiar 
 injury which will sustain an action by 
 a private individual for nuisance. 
 L.R.A.1917F, 208. 
 
 As basis of recovery by abutter for injury 
 to property from railroad in street. 36 
 L.R.A. (N.S.) 756. 
 
 Obstructions in highway, preventing access 
 to property except by a circuitous 
 route, as a special injury entitling 
 owner to maintain action for damage--. 
 8 L.R.A.(N.S.) 227; 21 L.R.A. (N.S. 
 75; L.R.A.1917A, 1155. 
 
 Interference with one's use of a highway as- 
 a special damage which will sustain an 
 action by him against the wrongdoer. 
 28 L.R.A. (N.S.) 1053; L.R.A.1915D, 
 142. 
 
 Right of owner to recover damages to prop- 
 erty from nuisance, not of a permanent 
 character, existing before the com- 
 mencement, or at time of the renewal. 
 ' of the tenancy. 3 L.R.A. (N.S.) 1000. 
 
 d. Defenses. 
 
 25a. In general. 
 
 Doctrine of comparative injury in suit to- 
 enjoin nuisance. L.R.A.1916C, 1269. 
 
 Estoppel by encouraging or acquiescing in 
 erection of building or plant to com- 
 plain of it as a nuisance. L.R.A. 
 1916C, 940. 
 
 Doctrine of comparative injury in suit to- 
 enjoin nuisance. 31 L.R.A.(N.S.) 881. 
 
 26. Prescriptive right to maintain. 
 
 General doctrine. 53 L.R.A. 891. 
 
 Matters relating to health. 53 L.R.A. 893. 
 
 Highways and places held for public use. 
 53 L.R.A. 897. 
 
 Prescriptive right of municipality or indi- 
 vidual to pollute stream with sewage or 
 other harmful substance. 25 L.R.A^ 
 (N.S.) 589. 
 
 Begin wit/i this boofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 NUISANCES, II. d confd 
 Prescriptive right to maintain nuisance 
 caused by gas plant. 20 L.R.A. (N.S.) 
 472. 
 
 Estoppel by encouraging or acquiescing in 
 erection of building or plant to 
 complain of it as a nuisance. 
 L.R.A.1916C, 940. 
 
 27. Municipal authority as. 
 
 Municipal authority to justify. 9 L.R.A. 
 
 732.* 
 
 28. Legislative authority as a de- 
 fense. 
 
 Legislative authority as defense to a pub- 
 lic nuisance. L.R.A.1915B, 1207. 
 Effect of legislative authority upon liability 
 for private nuisance. 1 L.R.A. 
 (N.S.) 49. 
 Legislative authority to manufacture gas. 
 
 20 L.R.A. (N.S.) 469. 
 
 Legislative authority as defense to nuisance 
 created by pollution at point where 
 sewers of municipality discharge. 47 
 L.R.A. (N.S.) 137. 
 
 29. statutory authority to commit 
 not to be presumed. 
 
 In general. 70 L.R.A. 579. 
 Grants of authority to municipal corpora- 
 tions. 70 L.R.A. 580. 
 
 Grants of authority to railroad corpora- 
 tions. 70 L.R.A. 585. 
 Grants of authority to other corporations. 
 
 70 L.R.A. 594. 
 
 Grants of authority to individuals. 70 
 L.R.A. 597. 
 
 i 
 e. Criminal liability; punishment. 
 
 30. Criminal liability. 
 
 Criminal responsibility of corporation. 2 
 
 B. R. C. 251. 
 Criminal or penal liability for maintenance 
 
 of, bv servant, agent, or partner. 41 
 
 L.R.A. 655. 
 Criminal responsibility for maintenance of 
 
 dam in non-navigable stream which 
 
 creates a nuisance injurious to public 
 
 health. 22 L.R.A. (N.S.) 1259. 
 Criminal responsibility of municipality for 
 maintaining or permitting a nui- 
 sance. 39'L.R.A.(N.S.) 411. 
 Criminal responsibility of public officers for 
 
 nuisance. L.R.A.1916F, 582. 
 
 31. Punishment for maintaining. 
 
 Cruel and unusual punishment for main- 
 taining. 35 L.R.A. 576. 
 
 Liability for punitive damages for main- 
 taining. 3 L.R.A.(N.S.) 1119. 
 
 NUMBER. 
 
 Of grand jurors, see GRAND JURY, 4, 5. 
 
 Of judges, see JUDGES, 5. 
 
 Of jurors, see JURY, 15. 
 
 Consult also L.R.A. Digests of Cases. 
 
 NUMBER cont'd 
 
 Of trustees, see TRUSTS, 21. 
 
 Of witnesses, limitation of, see WITNESSES, 
 
 7. 
 Duty of master to provide a sufficient 
 
 number of employees, see MASTER AND 
 
 SERVANT, 106, 169a. 
 
 Of examinations of insured as to loss. 52 
 
 L.R.A. 427. 
 Unfair competition in use of combination 
 
 of geographical name with numeral. 34 
 
 L.R.A.(N.S.) 1040. 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 698. 
 
 NUMBERING. 
 
 Of ballots, see ELECTIONS, 20. 
 
 Requiring numbering of automobiles. 
 L.R.A. (N.S.) 215. 
 
 NUNC PRO TUNC. 
 
 Entry of judgment, see JUDGMENT, 18. 
 
 NUNCUPATIVE WILLS. 
 
 See WILLS, 59. 
 
 NURSE. 
 
 Municipal power to provide during epidem- 
 
 ic. 26 L.R.A. 739. 
 Liability of railroad company for services 
 
 of nurse employed by physician. 20 
 
 L.R.A. 697. 
 Liability of operating surgeon for negligent 
 
 acts of hospital nurse in caring for 
 
 patient. 27 L.R.A. (N.S.) 1174; L.R.A. 
 
 1918C, 134. 
 Liability of proprietor of private sanitarium 
 
 or hospital for negligence of. 6 L.R.A. 
 
 (N.S.) 306; L.R.A.1915D, 334. 
 
 NURSERY. 
 
 Power of state to regulate nurserv business. 
 
 15 L.R.A.(N.S.) 138. 
 Discrimination against nonresidents by 
 
 statute or ordinance imposing license 
 
 tax on agents for nursery stock. 40 
 
 L.R.A.(N.S.) 290. 
 
 NURSERY STOCK. . 
 
 Liability of vendor of, see SALES, 36a.
 
 1004 
 
 INDEX TO L.K.A. NOTES. 
 
 o 
 
 OATH. 
 
 1. Generally. 
 
 .See also AFFIDAVIT. 
 
 swear jury. L.R.A. 
 
 Effect of failure 
 1917D, 390. 
 
 Failure of officer to take proper oath as 
 affecting his status as a de facto officer. 
 L.R.A.1918B, 1124. 
 
 Presumption as to authority of notary pub- 
 lie of another state or country to ad- 
 minister an oath. L.R.A.1916A, 1169. 
 
 Of party to correctness of books of account 
 offered in evidence. 52 L.R.A. 590. 
 
 Law governing form of oath, as consider- 
 ation for chattel mortgage. 64 L.R.A. 
 363. 
 
 KfTect of denial under oath to purge one of 
 criminal contempt. 9 L.R.A. (N.S.) 
 1119; L.R.A.1917E, 654. 
 
 Sufficiency of averment in indictment or in- 
 formation for perjury as to jurisdic- 
 tion or authority to administer oath. 
 32 L.R.A. (N.S.) -142. 
 
 Furnishing proofs of loss not under oath as 
 substantial compliance with policy re- 
 quiring proofs under oath. 28 L.R.A. 
 (N.S.) 651. 
 
 Validity of oath taken over telephone. 30 
 L.R.A. (N.S.) 358. 
 
 Voluntariness of confession made under 
 oath. 18 L.R.A. (N.S.) 872; 50 L.R.A. 
 (N.S.) 1089. 
 
 2. To grand jury or officers in charge 
 
 Of I In-ill. 
 
 To grand jury. 27 L.R.A. 788. 
 
 To officer in charge of grand jurv. 27 L.R.A. 
 
 779, 784. 
 Failure of record to show that grand jury 
 
 was sworn. 49 L.R.A. (N.S.) 1215. 
 
 3. To witnesses. 
 
 Necessity of, to infant witness. 19 L.R.A. 
 
 606. 
 To witnesses before grand jury. 28 L.R.A. 
 
 320. 
 
 4. Of voter. 
 
 Duty of election officers to accept sworn 
 vote. 36 L.R.A. (N.S.) 968. 
 
 OBEDIENCE. 
 
 By employee, see MASTER AND SERVANT, 
 4, '70, 117, 126, 127. 
 
 Of improper direction of physician as affect- 
 ing remedy of injured person against 
 person injuring him. 49 L.R.A. 826. 
 
 OBJECTIONS. 
 
 To raise question on appeal, see APPEAL 
 
 AND ERROR, 24, 24a. 
 During trial, see TRIAL, 18. 
 
 OBLITERATION. 
 
 Cancelation of will by, see WILLS. 39, 
 40. 
 
 Alteration of instrument by obliterating 
 material provision without substituting 
 new matter. 32 L.R.A. (N.S.) 519. 
 
 OBNOXIOUS CONDUCT. 
 
 Employer's liability for obnoxious conduct 
 of servant sent to commit trespass. 70 
 L.R.A. 736. 
 
 OBSCENE LITERATURE. 
 
 1. Generally. 
 
 Instigation to offense as to. 25 L.R.A. 
 
 345. 
 Evidence of other crimes in prosecution for 
 
 sending obscene letter. 62 L.R.A. 239. 
 Cruel and unusual punishment for. 35 
 
 L.R.A. 578. i 
 
 2. Unlawfulness of. 
 
 At common la"w. 24 L.R.A. 110. 
 Indecent pictures. 24 L.R.A. 110. 
 Tests of decency. 24 L.R.A. 110. 
 Questions for court and jury. 24 L.R.A. 
 
 111. 
 Motives and object of publication. 24 
 
 L.R.A. 111. 
 
 Mailing obscene letter's. 24 L.R.A. 112. 
 Constitutionality of statutes. 24 L.R.A. 
 
 112. 
 Propriety of legislation. 24 L.R.A. 112. 
 
 Begin irith this 1tooT\- on evert/ lair question. 
 
 OBSCENITY. 
 
 Obscene literature, see OBSCENE LITERATURE. 
 Sending obscene matter through the mail, 
 see POSTOFFICE, 10. 
 
 As ground for divorce. 12 L.R.A. (N.S.) 
 820. 
 
 As disturbance of public peace. 32 L.R.A. 
 (N.S.) 505. 
 
 Carrier's liability for obscene language by 
 employees to passengers. 14 L.R.A. 739. 
 
 Necessity of use of words per se obscene to 
 constitute offense under statute relat- 
 ing to obscenity. 22 L.R.A.(N.S.) 225; 
 L.R.A.1918E, 771.
 
 INDEX TO L.R.A. NOTES. 
 
 1005 
 
 OBSCENITY cont'd 
 
 Good motive as affecting criminal charge 
 involving obscene language or litera- 
 ture. L.R.A.1916B, 1121. 
 
 OBSCURITIES. 
 
 Deciphering of, in proof of handwriting. 65 
 L.R.A. 155. 
 
 OBSOLESCENCE. 
 
 Consideration of, in treatment of deprecia- 
 tion in estimating return of public 
 service corporation for rate-making 
 purposes. 52 L.R.A. (N.S.) 37. 
 
 OBSTRUCTING JUSTICE. 
 
 By resisting arrest, see ARBEST, 7, 8. 
 Escaping or aiding in escape, see ESCAPE. 
 
 Procuring one having knowledge of offense 
 to leave jurisdiction. 33 L.R.A. (N.S.) 
 976. > 
 
 Resisting service of civil process fair on its 
 face, but invalid in fact, as an offense. 
 21 L.R.A. (N.S.) 66. 
 
 What constitutes offense of attempt to in- 
 fluence officers of court. 21 L.R.A. 
 (N.S.) COS. 
 
 Publication of matters derogatory to par- 
 ties to litigation as an attempt to per- 
 vert or obstruct course of justice, or as 
 contempt of court. 2 B. R. C. 483. 
 
 Claiming or taking possession of property 
 from officer who has seized it under 
 a writ. 47 L.R.A. (N.S.) 1146. 
 
 OBSTRUCTION. 
 
 1. Generally. 
 
 Loss or abandonment of easement by, see 
 EASEMENT, 25. 
 
 In highways, see HIGHWAYS, 26-39, 65- 
 75, 77* 
 
 Municipal liability for obstruction of drains 
 and sewers, see MUNICIPAL CORPORA- 
 TIONS, 88. 
 
 Of navigation, see WATERS, 21. 
 
 Of water, generally, see WATERS, 46-50, 
 63, 75. 
 
 Of wharf rights, see WHARVES, 5. 
 
 Wharf as obstruction to navigation, see 
 WHARVES, 6. 
 
 Of free right of way. 3 L.R.A. (N.S.) 461. 
 
 Negligence of railroad company in per- 
 mitting obstructions on its right of way 
 which obscure view of track from high- 
 way crossing. 12 L.R.A. (N.S.) 1067. 
 
 8 2. On railroad track. 
 
 Of traveler's view at railroad crossing, see 
 
 RAILROADS, 61. 
 Consult also L.R.A. Difiests of Cases. 
 
 OBSTRUCTION cont'd 
 
 Obstructing crossing, see RAILROADS, 62. 
 
 Criminal liability for, see RAILROADS, 87. 
 
 Carrier's liability for injury to passenger 
 caused by obstruction placed on track 
 by stranger. 12 L.R.A. (N.S.) 840. 
 
 Duty of railroad company to remove ob- 
 structions on right of way interfering 
 with lookout from trains. L.R.A. 
 1916F, 130. 
 
 OBVIOUS DANGERS. 
 
 Servant's assumption of risk of. see MAS- 
 TEH AND SERVANT, 113. 
 
 OBVIOUS DEFECTS. 
 
 Assumption by servant of risk of, see MAS- 
 TER AND SERVANT, 113. 
 
 Landlord's liability for injury to tenants 
 from. 34 L.R?A.(N.S.) 804; 48 L.R.A. 
 (N.S.) 917; L.R.A.1916D, 1224; L.R.A. 
 1918E, 221. 
 
 OCCULTISM. 
 
 Prohibition of fortune telling and kindred 
 superstitions. 43 L.R.A. (N.S.) 203. 
 
 OCCUPANCY. 
 
 Of insured premises, see INSURANCE, 75. 
 
 OCCUPANT. 
 
 Liability of occupant of building for injury 
 caused by article falling or thrown from 
 window or other opening. 14 L.R.A. 
 (N.S.) 426. 
 
 OCCUPATION. 
 
 Constitutionality of statutes regulating, see 
 CONSTITUTIONAL LAW, 39-176. 
 
 Of insured, see INSURANCE, 95. 
 
 Libel or slander injurious to, see LIBEL AND 
 SLANDER, 14-20, 24-27. 
 
 Tax on, generally, see LICENSE, II. 
 
 Tax on, as interference with commerce, see 
 COMMERCE, 18. 
 
 Of master's premises, see MASTER AND SERV- 
 ANT, 3. 
 
 Of real property, see USE AND OCCUPATION. 
 
 Notice of title to land from occupation. 13 
 
 L.R.A.(N.S.) 91. 
 Occupation of premises as a servant and as 
 
 a tenant. 4 L.R.A. (N.S.) 698. 
 Effect of bad motive on liability for injury 
 
 to. 62 L.R.A. 694.
 
 1006 INDEX TO L.R.A. NOTES. 
 
 OCCUPATIONAL DISEASES. 
 
 Recovery for, under Workmen's Compensa- 
 tion Act, see WORKMEN'S COMPENSA- 
 TION, 10. 
 
 OCCUPATION* TAX. 
 
 See LICENSE, II. 
 
 OCCUPYING CLAIMANTS' ACTS. 
 
 See IMPROVEMENTS, 7. 
 
 OCEAN. 
 
 Jurisdiction 'over, 4G L.R.A. 264. 
 
 OCULISTS. 
 
 Application to, of statutes regulating prac- 
 tice of medicine. L.R.A.1917C, 826. 
 
 ODORS. 
 
 A> miisances, see NUISANCES, 5. 
 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 742. 
 Municipal liability for odors from sewage 
 
 61 L.R.A. 669. 
 Liability of railroad company for damage 
 
 from. 32 L.R.A.(N.S.) 375. 
 Municipal regulation as to nuisance of. 
 
 L.R.A. 322. 
 Identification of substance by. 42 L.R.A 
 
 (N.S.) 854. 
 Presumption as to statutory authority to 
 
 commit nuisance by obnoxious vapors 
 
 70 L.R.A. 594. 
 
 3S 
 
 OFFER. 
 
 False statement as to offer for property, see 
 FRAUD AND DECEIT, 10. 
 
 Unaccepted offer of compromise as tolling 
 
 statute of limitations. 37 L.R.A. ( N.S. ) 
 
 885. 
 Changing terms of offer of prize after efforts 
 
 to secure it have begun. 37 L.R.A 
 
 (N.S.) 183. 
 
 OFFER AND ACCEPTANCE. 
 
 OFFICE. 
 
 Vacancy in, see OFFICERS, 14, 17. 
 
 OFFICE BUILDING. 
 
 To whom is the duty to keep office building 
 in proper condition, owing. 26 L.R.A. 
 (X.S.) 1213. 
 
 Liability of landlord of, for injury to per- 
 son calling on tenant on business. 
 L.R.A.1916F, 1118. 
 
 OFFICE HOURS. 
 
 Rules of telegraph company as to. 53 L.R.A. 
 732. 
 
 See CONTRACTS, 22, 23, 29. 
 
 Begin ^^ith this book on every laic question. 
 
 OFFICERS. 
 
 /. In general; u-ho are, 1, 2. 
 II. Selection; incumbency; tenure, 
 3-27. 
 
 a. In general, 3. 
 
 b. Eligibility; qualifications, 
 
 4-9. 
 
 c. Appointment; election; ac- 
 
 ceptance, 1O-15. 
 
 d. Term of office; vacancy hold- 
 
 ing over, 1C- IS. 
 
 e. Resignation or deprival of 
 
 office; restoration, 19- 
 26. 
 
 f. Contest of title; -usurpation 
 
 of office, 27. 
 
 III. RigJits, powers, duties, compensa- 
 
 tion, and liability, 28- 
 42. 
 
 a. Rights, powers, and duties, 
 
 generally, 28-3O. 
 
 b. Compensation; fees, 31- 
 
 37. 
 
 c. Liability, 38-42. 
 
 IV. De facto officers, 43, 44. 
 
 I. In general; who are. 
 
 1. Generally. 
 
 Arrest by, see ARREST. 
 
 Resistance of, see ARREST, 7, 8; OB- 
 STRUCTING JUSTICE. 
 
 Recovery back of money from, see ASSUMP- 
 SIT* 8. 9. 
 
 Right of subcontractor, materialman, or 
 laborer on contractor's bond running 
 to, see BONDS, 9, 10. 
 
 Bonds of, see BONDS, 12-15. 
 
 Bribery of, see BRIBERY. 
 
 Civil service laws, see CIVIL SERVICE. 
 
 Power of legislature as to municipal officers, 
 see CONSTITUTIONAL LAW, 20a. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 129. 
 
 Validity of contract affecting official action, 
 see CONTRACTS, 95, 98, 100, 102.
 
 INDEX TO L.R.A. NOTES. 
 
 1007 
 
 OFFICERS, I. cont'd 
 
 Validity of contract in which officer is per- 
 sonally interested, see CONTRACTS, 
 lOOa. 
 
 Validity of contracts witli public officers, 
 generally, see CONTRACTS, 99-100b. 
 
 Deputy officers, see DEPUTY. 
 
 Domicil of, see DOMICIL AND RESIDENCE, 
 4. 
 
 Embezzlement by, see EMBEZZLEMENT, 4. 
 
 Judicial notice as to, see EVIDENCE, 11. 
 
 Voluntariness of confession to, see EVI- 
 DENCE, IX. 
 
 Homicide in resistance of, see HOMICIDE, 
 11. 
 
 Homicide by officers of justice, see HOMI- 
 CIDE, 12. 
 
 Injunction as to offices, see INJUNCTION, 
 39. 
 
 Injunction against, see INJUNCTION, 61, 
 62. 
 
 Larceny by, see LARCENY, 6. 
 
 Libel or slander of, see LIIJEL AND SLANDER, 
 21. 
 
 Privileged character of complaints by, see 
 LIUEL AND SLANDER, 25. 
 
 Mandamus to, see MANDAMUS, 3-11. 
 
 Liability of municipal corporation for acts 
 of officers, see MUNICIPAL CORPORA- 
 TIONS, 81-84. 
 
 As proper parties to bring action, see PAR- 
 TIES, 9. 
 
 Service of foreign corporation by service on, 
 see WRIT AND PROCESS, 26, 28. 
 
 Of bank, see BANKS, 6-8a. 
 
 Of corporation, see CORPORATIONS, VI. 
 
 County officers, see COUNTIES, 12. 
 
 Highway officers, see HIGHWAYS, 87, 114. 
 
 Judicial officers, see JUDGES. 
 
 Officers of municipality, see MUNICIPAL COR- 
 PORATIONS, 112-122. 
 
 Receivers, see RECEIVERS. 
 
 Referees, see REFERENCE. 
 
 Of church, see RELIGIOUS SOCIETIES, 10. 
 
 School officers, see SCHOOLS, 23-25. 
 
 Sheriff, see SHERIFF. 
 
 Tax officers, see TAXES, 60, 61. 
 
 Of towns, see TOWNS, 8-10. 
 
 Statutes conferring powers upon municipal- 
 ities or counties in respect to their of- 
 ficers as a delegation <5f legislative pow- 
 er, L.R.A.1916D, 921. 
 
 When action against officers is deemed to 
 be action against the state. 44 L.R.A. 
 (N.S.) 189. 
 
 Notice imported to holders by commercial 
 paper payable to a public body or of- 
 ficer thereof. L.R.A.1915B, 725. 
 
 Liability of carrier for compelling officer in 
 charge of negro prisoner to ride in car 
 for colored persons. L.R.A.1916E, 280. 
 
 Liability of county for damages by default 
 of. 39 L.R.A. 74. 
 
 Aa grand jurors. 28 L.R.A. 200. 
 
 Right to inspect books of. 27 L.R.A. 83. 
 
 Occupancy by, as a tenancy. 4 L.R.A. (N.S.) 
 698, 707", 725, 727. 
 
 Improper influence or interference with 
 grand jury by. 28 L.R.A. 371. 
 
 Consult also L.R.A. Digests of Cases. 
 
 OFFICERS, I. cont'd 
 
 Unauthorized presence of officer in grand 
 jury room as affecting indictment. 
 L.R.A. 1916D, 1125. 
 
 Use of public funds to pay expense incurred 
 by officer in litigation. L.R.A.1916D, 
 92. 
 
 Expenses incurred by public officers or em- 
 ployees in attending conventions, etc., 
 as a proper charge on public funds. 
 L.R.A.1917E, 332. 
 
 Official meeting as a meeting within pur- 
 view of oilense of disturbing meet ng. 
 30 L.R.A. (N.S.) 832; 45 L.R.A. (N.S.') 
 108. 
 
 Service on state officer in suit against for- 
 eign corporation. 23 L.R.A. 41)9. 
 
 Erroneous or mistaken marking of ballot 
 by. 47 L.R.A. 810. 
 
 Right to attach or garnish fund in hands 
 of, after he has been ordered to pay 
 same to party. 13 L.R.A. (N.S.) 758; 
 30 L.R.A. (N.S.) 720. 
 
 Right to compel public employee to submit 
 to physical examination to determine 
 fitness. 33 L.R.A. (N.S.) 259. 
 
 Connivance in misuse of funds as affecting 
 liability of sureties on depositor's bond. 
 26 L.R.A. (N.S.) 865. 
 
 Liability to public servants entering prem- 
 ises 'in discharge of official duties. 46 
 L.R.A. 81. 
 
 Denial on information and belief of matters 
 within knowledge of public officials. 30 
 L.R.A.(N.S.) 779. 
 
 Presumption that alteration in instrument 
 by public officer was made before exe- 
 cution. 39 L.R.A. (N.S.) 114. 
 
 Competency of, as expert witnessses for 
 comparison of handwriting. 63 L.R.A. 
 942. 
 
 Conclusiveness of judgment as between 
 plaintiff and one not a party or privy 
 who voluntarily conducted the defense 
 in an action against officers. 37 L.R.A. 
 (N.S.) 965. 
 
 Validity of agreement by which compensa- 
 tion is dependent on success in procur- 
 ing contract with public officer or 
 board. 39 L.R.A.(N.S.) 747; L.R.A. 
 1915C, 823. 
 
 2. Who are. 
 
 Who are municipal officers, see MUNICIPAL 
 CORPORATIONS, 113. 
 
 Generally. 13 L.R.A. 177. 
 
 Definitions. 17 L.R.A. 243. 
 
 What distinguishes an office from a mere 
 
 employment or contract. 17 L.R.A. 
 
 244. 
 
 Attorneys as. 17 L.R.A. 244. 
 Attendants of courts. 17 L.R.A. 245. 
 Clergymen. 17 L.R.A. 245. 
 Marshals, sheriffs, and their deputies. 17 
 
 L.R.A. 245. 
 Policemen and firemen. 36 L.R.A. (N.S.) 
 
 881. 
 
 Keepers of public money. 17 L.R.A. 246. 
 Officers of public institutions. 17 L.R.A. 
 
 246. 
 Officers of school districts. 17 L.R.A. 247.
 
 1008 
 
 INDEX TO I.R.A. NOTES. 
 
 OFFICERS, I. cont'd 
 
 Constables. 17 L.R.A. 247. 
 
 Municipal officers. 17 L.R.A. 247. 
 
 Tax collectors. 17 L.R.A. 247. 
 
 Members of Congress and of the state legis- 
 lature. 17 L.R.A. 247. 
 
 Miscellaneous instances. 17 L.R.A. 247. 
 
 Instances of persons performing public du- 
 ties who have been held not to be public 
 officers. 17 L.R.A. 249. 
 
 Who are city officers. 14 L.R.A. 646. 
 
 //. Selection; incumbency, tenure. 
 a. In general. 
 
 3. Generally. 
 
 Right to inspect public records as to title to 
 
 office. 27 L.R.A. 85. 
 Power of legislature to add to or vary the 
 
 constitutional method of selecting 
 
 judges. L.R.A.1916E, 834. 
 
 ft. Eligibility; qualifications. 
 
 4. Generally. 
 
 Eligibility to office of judge, see JUDGES. 
 
 2. 
 Disqualification of judge, see JUDGES, 4. 
 
 Libel or slander by charge that officer or 
 candidate has not the necessary quali- 
 fications. L.R.A.1918E, 27. 
 
 Right to hold office as a privilege or im- 
 munity of a citizen of the United 
 States". 14 L.R.A. 580. 
 
 Power to determine eligibility to office of 
 one nominated at primary election. 39 
 L.R.A.(N.S.) 826. 
 
 Constitutionality of primary election laws 
 imposing new restrictions or qualifica- 
 tions on candidates. 22 L.R.A. (N.S.) 
 1142; L.R.A.1917A, 262. 
 
 Is eligibility to be determined as of time ' 
 of election or appointment, or of induc- 
 tion into office. 23 L.R.A. (N.S.) 1228; 
 41 L.R.A.(N.S.) 1119. 
 
 Right of candidate receiving next highest 
 number of votes where person receiving 
 highest number is ineligible. 13 L.R.A. 
 (N.S.) 1013; 34' L.R.A. (N.S.) 240. 
 
 5. Incompatibility of offices. 
 
 Incompatibility of offices at common law. 
 
 L.R.A.1917A, 216. 
 Offices within constitutional or statutory 
 
 provisions against holding two offices. I 
 
 Acceptance of one as resignation of other. 
 
 23 L.R.A. 683. 
 Right of person to hold two judicial posi- | 
 
 tions at the same time. 8 L.R.A. (N.S. ) 
 
 1107; L.R.A.1917A, 216. 
 
 6. Infants. 
 
 Infants as deputy sheriffs. 
 
 13 L.R.A. 721.* 
 
 7. Women. 
 
 As clerks, see CLERKS. 4. 
 As deputy, see DEPUTY, 4. 
 
 In general. 38 L.R.A. 208; 27 L.R.A.. N.S.) 
 532: L.R.A.1915F, " 
 
 Bff/in icith this boo/,- on every Jmr question. 
 
 OFFICERS, II. b cont'd 
 
 Distinction between the right to hold elec- 
 tive office and right to hold appointive 
 office. 38 L.R.A. 208. 
 
 Right to hold judicial office. 38 L.R.A. 209. 
 
 Right to hold legislative office. 38 L.R.A, 
 210. 
 
 Right to hold administrative office. 38- 
 L.R.A. 210. 
 
 As grand jurors. 28 L.R.A. 204. 
 
 8. Residence. 
 
 Constitutionality of statute making resi- 
 dence within the district a qualification 
 of a public officer. 32 L.R.A. (N.S.) 
 835. 
 
 9. Misconduct. 
 
 Re-election of public officer after ouster ior 
 misconduct. 6 L.R.A. (N.S.) 843: 
 L.R.A.1916D, 959. 
 
 c. Appointment; election: acceptance. 
 
 10. Generally. 
 
 Validity of contract for sale or purchase of 
 office, see CONTRACTS, 101. 
 
 Matters as to election of, generally, see 
 ELECTIONS. 
 
 Appointment of municipal officers, see MU- 
 NICIPAL CORPORATIONS, 115. 
 
 Validity of agreements tending to influence 
 elections or appointments to office. 51 
 L.R.A. (N.S.) 549. 
 
 Appointment as distinguished from election. 
 15 L.R.A. 106. 
 
 Power of appointment under civil serviff 
 laws. 34 L.R.A. (N.S.) 484. 
 
 Provision for testing election of city officer 
 before city council or other municipal 
 body as exclusive of remedies in the 
 courts. 26 L.R.A. (N.S.) 207. 
 
 Constitutionality of statute regulating ap- 
 pointment to public office with refer- 
 ence to party affiliation. 27 L.R.A. 
 (N.S.) 720. 
 
 Appointment or election of officers in case 
 of tie vote. 47 L.R.A. 563. 
 
 Right of candidate receiving next highest 
 number of votes where person receiving 
 highest number is ineligible. 13 L.R.A. 
 (N.S.) 1013; 34 L.R.A. (N.S.) 240. 
 
 Statutes restricting vote of elector to less 
 than all when several officers are to be 
 chosen for same office. 33 L.R.A. 141. 
 appointment for fixed term as re- 
 striction of power to remove at pleas- 
 ure. 35 L.R.A. (N.S.) 866. 
 
 Denial of official appointments on informa- 
 tion and belief. 30 L.R.A:(N.S.) 781. 
 
 11. Who may appoint. 
 
 Constitutional power of courts or judges to 
 appoint officers. 16 L.R.A. 737. 
 
 May appointment of municipal officers be 
 constitutionally delegated to courts or 
 judges thereof.' 19 L.R.A. (N.S.) 579. 
 
 12. Of person having appointing 
 power. 
 
 Appointment of member of body having ap- 
 pointive power. 31 L.R.A. i N.S.) 875,
 
 INDEX TO L.R.A. NOTES. 
 
 100!) 
 
 OFFICERS, II. c cont'd 
 
 Power of municipal board or committee to 
 employ one of its own members as 
 counsel. 3 L.R.A. (N.S.) 849. 
 
 13. For term extending beyond term 
 of appointing: officer. 
 
 Power of board to appoint officer for term 
 extending beyond its own term. 29 
 L.R.A.(N.S.) 652; L.R.A.1915E, 581. 
 
 May officer make prospective appointment, 
 " the term of which cannot begin until 
 after his own term has expired. 26 
 L.R.A.(N.S.) 514. 
 
 8 14. To fill vacancy. 
 
 Term of one appointed to fill vacancy. 50 
 L.R.A.(N.S.) 337. 
 
 Appointment or election of officers in case of 
 tie on vote to fill vacancy. 47 L.R.A. 
 563. 
 
 Right of governor or President to make an 
 ad interim appointment to an office 
 whose fixed term expires before the 
 senate's adjournment, where the in- 
 cumbent is authorized to hold over until 
 his successor is appointed. 46 L.R.A. 
 (N.S.) 1202. 
 
 Power of legislature to add to or vary the 
 constitutional method of filling vacan- 
 cy in office of judge. L.R.A. 1916E, 844. 
 
 15. Acceptance. 
 
 Mandamus to compel, see MANDAMUS, 9. 
 
 Compelling citizen to accept office. 24 
 
 L.R.A. 492. 
 Necessity of. to complete resignation of 
 
 office. 23 L.R.A. 681; ]2 L.R.A. (N.S.) 
 
 1010. 
 
 (1. Term of offlee; vacancy; holding 
 over. 
 
 16. Term of office. 
 
 Appointment for term extending beyond 
 term of appointing officer, see supra, 
 33. 
 
 Of municipal officer, see MUNICIPAL CORPO- 
 KATIONS, 116. 
 
 First and last days in computing time in 
 case of. 49 L.R.A. 244. 
 
 Power to extend term, by postponing time 
 for election. 3 L.R.A.(N.S.) 887; 
 L.R.A.1935C, 378. 
 
 Effect of detachment from a political divi- 
 sion, of territory in which an officer re- 
 sides, upon his tenure of the office. 20 
 L.R.A. (N.S.) 358. 
 
 Tenure of office under civil service laws. 34 
 L.R.A. (N.S.) 485. 
 
 Of one appointed to fill vacancy. 50 L.R.A. 
 (N.S.) 237. 
 
 17. Vacancy. 
 
 Appointment to fill vacancy, see supra, 14. 
 In office of governor, see GOVERNOR, 3. 
 
 Effect of death of person elected before tak- 
 ing office, or of his failure to quali- 
 fy. 50 L.R.A.(N.S.) 374. 
 
 Consult also L.R.A. Digests of Cases. 64 
 
 OFFICERS, II. d cont'd 
 
 Vacancy in office by failure to file bond with- 
 in the time prescribed. 36 L.R.A. 
 140. 
 
 18. Holding over. 
 
 Extension of liability on official bond while 
 
 holding over. 35 L.R.A. 88. 
 Right of governor or president to make an 
 ad interim appointment to an office 
 whose fixed term expires before the sen- 
 ate's adjournment, where the incumbent 
 is authorized to hold over until suc- 
 cessor is appointed. 46 L.R.A. (N.S.) 
 1202. 
 
 Purpose and effect of provision that incum- 
 bent shall hold his office until his 
 successor is elected and qualified. 
 50 L.R.A. (N.S.) 365. 
 
 e. Resignation or deprival of office; 
 restoration. 
 
 19. Resignation. 
 
 Effect of resignation before appointment or 
 
 election. L.R.A. 1915E, 401. 
 Right of referee to resign. 46 L.R.A. (N.S.) 
 
 68. 
 
 Necessity of an acceptance to complete 
 resignation of an office. 23 L.R.A. 
 681; 12 L.R.A.(N.S.) 1010. 
 Right to repudiate or withdraw resignation. 
 
 16 L.R.A. (N.S.) 1058; L.R.A.1917F, 
 
 547. 
 Liability on official bond after resignation. 
 
 35 L.R.A. 93. 
 
 20. Surrender. 
 
 Mandamus to compel, see MANDAMUS, 10. 
 
 21. Abolishing office. 
 
 Effect of, on de facto officer. 15 L.R.A. 
 (N.S.) 98. 
 
 22. Removal or suspension. 
 
 Recall of, see INITIATIVE, REFERENDUM AND 
 RECALL, 2. 
 
 Of municipal officer, see MUNICIPAL CORPO- 
 RATIONS, 117. 
 
 Of town officer, see TOWNS, 10. 
 
 Is power conferred upon municipality to re- 
 move its officers exclusive. 20 L.R.A. 
 (N.S.) 112. 
 
 Mandamus to compel exercise of power to 
 remove or suspend public officer. 28 
 L.R.A.(N.S-) 194; 46 L.R.A. (N.S.) 9. 
 
 Privilege as to proceedings for. 25 L.R.A. 
 (N.S.) 455. 
 
 Power of court to review action of governor 
 in removing. 39 L.R.A. j( N.S.) 788. 
 
 Re-election of public officer after ouster for 
 misconduct. L.R.A.1916D, 959. 
 
 23. right of. 
 
 Right to remove officers summarily. 15 
 L.R.A. 95. 
 
 Power of town or. municipality to remove 
 officer in absence of statutory author- 
 ity. 9 L.R.A. (N.S.) 572; 39 L.R.A. 
 (N.S.) 519.
 
 1010 
 
 INDEX TO L.R.A. NOTES. 
 
 OFFICERS, II. e cont'd 
 
 Attempted appointment for fixed term as 
 restriction of power to remove at pleas- 
 ure. 35 L.R.A.(X.S.) 866. 
 
 24. grounds for. 
 
 Intentional disregard of law without cor- 
 rupt intent as ground for removal. 31 
 L.R.A.(N.S.) 566. 
 
 Acts during prior term as ground for re- 
 moval. 50 L.R.A.(N.S.) 553. 
 
 Removal for failure to enforce criminal or 
 penal law or ordinance. 50 L.R.A. 
 (N.S.) 841; L.R.A.1918F, 1049. 
 
 Removal for drunkenness. 50 L.R.A. (N.S.) 
 912. 
 
 Promise to accept less than compensation 
 fixed bv law as affecting right to hold 
 office. L.R.A.1917B, 196. 
 
 25. Impeachment. 
 
 Privilege as to proceedings for. 25 L.R.A. 
 (N.S.) 455. 
 
 Acts during prior term as ground for im- 
 peachment. 50 L.R.A. (N.S.) 553. 
 
 26. Restoration to office. 
 
 Mandamus to compel, see 
 lOa. 
 
 MANDAMUS, 
 
 /. Contest of title; usurpation of office. 
 
 27. Generally. 
 
 By mandamus proceeding, see MANDAMUS, 
 
 9. 
 To municipal office, see MUNICIPAL CORPO- 
 
 BATIONS, 118. 
 
 Use of public funds to pay expenses in- 
 curred by officer in establishing title to 
 office. L.R.A.1916D, 94. 
 
 Mandatory injunction as to officers. 20 
 L.R.A. 167. 
 
 Injunction to try title to office claimed un- 
 der unconstitutional statute. 8 L.R.A. 
 (N.S.) 128. 
 
 Mandamus to compel payment of salary to 
 officer whose title is disputed. . 1 L.R.A. 
 (N.S.) 588. 
 
 Question relating to title to office as Federal 
 question. 62 L.R.A. 534. 
 
 III. Rights, powers, duties, compensa- 
 tion, and liability. 
 
 a. Rights, powers, and duties, gener- 
 ally. 
 
 28. Generally. 
 
 Powers of clerks, see CLEBKS, 5. 
 
 Power to make contracts, see CONTRACTS, 
 
 99-101. 
 Powers of judicial officers, see JUDGES, 6, 
 
 7. 
 Mandamus to compel performance of duty 
 
 by public officer, see MANDAMUS, 3- 
 
 11. 
 Powers of municipal officers, see MUNICIPAL 
 
 CORPORATIONS, 19. 
 Of school officers, see SCHOOLS, 24. 
 Rights of sheriff, see SHERIFFS, 2. 
 Power of town officer, see TOWNS, 9. 
 
 Begin with this ftooTc on every law question. 
 
 OFFICERS, III. a confd 
 
 Duty of government official to know signa- 
 ture of drawer of draft. L.R.A.1915D, 
 797. 
 
 Powers of fish officers. 39 L.R.A. 589. 
 
 Validity of acts done on holidays. 19 L.R.A. 
 320. 
 
 Jurisdiction or authority of officer to act 
 in the matter as element of bribery. 
 15 L.R.A. (N.S.) 1173. 
 
 Right of, in executing criminal process, to 
 take possession of evidentiarv articles. 
 18 L.R.A.(N.S.) 253; L.R.A.1916C, 
 1017. 
 
 Right of peace officer to carry weapons out- 
 side his district. 38 L.R.A. (N.S.) 998. 
 
 Right of officer to kill in self-defense. 07 
 L.R.A. 304. 
 
 Power to require carriers to transport per- 
 sons in public service at reduced rates. 
 33 L.R.A. (N.S.) 956. 
 
 Right of former sheriff to maintain action 
 in respect of a sale made by him while 
 in office. 29 L.R.A. (N.S.) 792. 
 
 When sheriff may act by deputy. 3 L.R.A. 
 440. 
 
 Rights in literary work done in connection 
 with official duties. 5 L.R.A. (N.S.) 
 1]93; 3 B. R. C. 329. 
 
 Right of public to benefit of discoveries, in- 
 ventions, devices, data, etc. made or 
 prepared by officer. L.R.A.1917B, 1183. 
 
 Power of officer not specially authorized, 
 to take bonds for benefit of subcontract- 
 ors, materialmen, or laborers. 27 
 L.R.A. (N.S.) 581. 
 
 May estoppel to deny authority to receive 
 money alleged to have been embezzled 
 be invoked against officer de facto 
 charged with embezzlement. 23 L.R.A. 
 (N.S.) 763. 
 
 29. Power to act as determined by 
 the place of performance. 
 
 County, city, town boards and school 
 
 officers. " 33 L.R.A. 86. 
 Courts and judges. 33 L.R.A. 87. 
 Justice of the peace. 33 L.R.A. 90. 
 Notary public. 33 L.R.A. 92. 
 Surveyor. 33 L.R.A. 92. 
 Sheriffs and constables. 33 L.R.A. 92. 
 At execution and judicial sales. 33 L.R.A. 
 
 92. 
 
 At trustees' sales. 33 L.R.A. 96. 
 At tax sales. 33 L.R.A. 96. 
 
 30. In whose name acts by deputy 
 officers to be performed. 
 
 In general. 19 L.R.A. 177; 42 L.R.A. (N.S.) 
 877. 
 
 Where both principal and deputy seem to 
 have acted. 19 L.R.A. 178. 
 
 Where the act is in the name of the prin- 
 cipal "by" deputy. 42 L.R.A. (N.S.) 
 877. 
 
 Where the act is in the name of the prin- 
 cipal alone. 19 L.R.A. 178; 42 L.R.A. 
 (N.S.) 878. 
 
 Where the designation of the office is er- 
 roneous or incomplete. 19 L.R.A. 178; 
 42 L.R.A.(N.S.) 879.
 
 INDEX TO L.R.A. NOTES. 
 
 1011 
 
 OFFICEES, III. a cont'd 
 
 Acts by a special deputy. 19 L.R.A. 179; 
 
 42 L.R.A. (NX) 880. 
 
 Where the act is in the name of the deputy. 
 19 L.R.A. 179; 42 L.R.A. (NX) 
 880. 
 As to actions by and against deputies. 19 
 
 L.R.A. 181; 42 L.R.A. (NX) 887. 
 Miscellaneous. 42 L.R.A. (NX) 888. 
 
 b. Compensation; fees. 
 
 31. Generally. 
 
 Of clerks, see CLERKS, 6. 
 Of municipal officers, see MUNICIPAL CORPO- 
 RATIONS, 120. 
 
 Validity of contract as to, see CONTRACTS, 
 
 99a. 
 Right to reward, see REWARD, 4. 
 
 Meaning of term perquisites in statutes or 
 ordinances in relation to officers. L.R.A. 
 1918E, 675. 
 
 Requisites of appropriation for official sala- 
 ry or expenses. 16 L.R.A. (N.S.) 631; 
 27 L.R.A.(NX) 537; 49 L.R.A. (NX) 
 67. 
 
 Claim against state for salary. 42 L.R.A. 
 53. 
 
 Right of public officer to be paid quantum 
 meruit. 17 L.R.A. (N.S.) 1263. 
 
 Right of clerk on salary basis to retain fee 
 for naturalization. 30 L.R.A. (N.S. ) 
 810. 
 
 Right of prosecuting attorney to compensa- 
 tion from individual. 38 L.R.A. (N.S. ) 
 81. 
 
 Right of officer conducting judicial sale to 
 his fee where property is bid in by 
 person at whose instance sale was 
 made. 48 L.R.A. (N.S.) 542. 
 
 Acceptance of partial allowance of claim 
 tor, as an accord and satisfaction. 42 
 L.R.A. (NX) 121. 
 
 Taking of illegal fees by, under belief of 
 right thereto as extortion. 40 L.R.A. 
 1 N.S.) 802. 
 
 Power of state to tax salary of Federal offi- 
 cer or of Federal government to tax 
 salary of state officer. 34 L.R.A. (N.S.) 
 1215. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin payment of illegal fees and 
 salaries by municipality. 36 L.R.A. 
 (N.S.) 11. 
 
 Mandamus to compel payment of salary to, 
 where title is disputed. 1 L.R.A. (N.S.) 
 588. 
 
 Admissibility of books of account to prove 
 fees for official services. 52 L.R.A. 699. 
 
 8 S2. Assignment. 
 
 Validity of assignment of salary to be 
 earned. 5 L.R.A. (N.S.) 565. 
 
 Effect of assignment of unearned salary or 
 fees of public officer to put the same 
 when earned beyond the reach of cred- 
 itors. 31 L.R.A.(NX) 374. 
 
 33. Change of. 
 
 Constitutional prohibition against change of 
 salary during term as affecting fees. 
 23 L.R.A. 609. 
 
 Consult also L.R.A. Digests of Cases. 
 
 OFFICERS, III. b cont'd 
 
 Applicability to nonconstitutional officer of 
 constitutional provision against in- 
 crease of salary of officer during his 
 term of office. 26 L.R.A. (N.S.) 289. 
 
 Change of salary of deputy or other sub- 
 ordinate, as violation of constitutional 
 provision against change of salary of 
 public officer during term of office. 37 
 L.R.A. (NX) 388. 
 
 Provision for compensation of additional 
 deputy or assistant as violation of con- 
 stitutional inhibition of increase of 
 officer's salary during term. L.R.A. 
 1918C, 561. 
 
 Right to increased compensation when stat- 
 ute or ordinance increases duties after 
 election or appointment. L.R.A.1918E, 
 761. 
 
 34. Inability for debts. 
 
 Equitable remedy to subject salary to judg- 
 ment after return of no property found. 
 63 L.R.A. 673. 
 
 35. exemption of. 
 
 See EXEMPTIONS, 5a. 
 
 36. Recovery back; rights of public. 
 
 Recovery of fees exacted by public officer 
 for performing act for which he was 
 not authorized to demand compensa- 
 tion. 15 L.R.A.(NX) 183. 
 
 Right of public to fees unlawfully collected 
 by officer for his own benefit. 20 L.R.A. 
 (NX) 1015. 
 
 37. Effect of payment to de facto 
 officer. 
 
 Right of de facto officer to salary, see infra, 
 44. 
 
 Payment made to de facto officer as defense 
 to action for salary by de jure officer. 
 19 L.R.A. 689; 16 L.R.A. (N.S.) 794; 
 24 L.R.A.(N.S.) 475; L.R.A.1918C, 373. 
 
 o. Liability. 
 
 38. Generally. 
 
 On bond, see BONDS, 12-15. 
 
 Liability for false imprisonment, see FALSE 
 
 IMPRISONMENT, 6-8. 
 Liability for interest, see INTEREST, 14. 
 Liability for wrongful levy, see LEVY AND 
 
 SEIZURE, 10-12. 
 Privileged communications by, see LIBEL 
 
 AND SLANDER, 25. 
 Municipal liability for acts of officers, see 
 
 MUNICIPAL CORPORATIONS, 81-84. 
 Of clerks, see CLERKS, 7. 
 Of municipal officer, see MUNICIPAL CORPO- 
 RATIONS, 121. 
 
 Of governor, see GOVERNOR, 4. 
 Of judges, see JUDGES, 8. 
 Of postmaster, see POSTOFFICE, 3. 
 Of school officers, see SCHOOLS, 25. 
 Of sheriff, see SHERIFFS, 3. 
 Of tax officer, see TAXES, 60, 61. 
 Of officer serving process, see WRIT AND 
 
 PROCESS, 39. 
 Liability for failure to serve process, see 
 
 WRIT AND PROCESS, 40.
 
 10J2 
 
 INDEX TO L.R.A. NOTES. 
 
 OFFICERS, III. c cont'd 
 
 Of infant as officer. 57 L.R.A. 688. 
 
 For defects in abstract of title. 22 L.R.A. 
 99. 
 
 Duty of municipal officer to account for 
 profits made in transaction with- a 
 municipality. 48 L.R.A. (N.S.) 842. 
 
 Liability of officer executing invalid search 
 warrant. 49 L.R.A. (N.S.) 770. 
 
 Personal liability of public officer for failure 
 to take bond, or for taking insufficient 
 bond, from contractor, conditioned for 
 payment of claims of subcontractors, 
 materialmen, and laborers. 49 L.R.A. 
 (N.S.) 1199. 
 
 Personal liability of members of board of 
 health or health officers. 5 L.R.A. 
 (N.S.) 635. 
 
 Personal liability of highway officers for 
 acts in excess of their authority. 13 
 L.R.A. l N.S.) 233. 
 
 Liability of tax officers or their bond for 
 failure of tax purchaser's title on ac- 
 count of irregularities in procedure. 41 
 L.R.A.(N.S.) 967. 
 
 Liability of officer for making arrest. 51 
 L.R.A. 193; 42 L.K.A.(N.S.) 69; L.R.A. 
 1915B, 505. 
 
 Variance between execution and judgment 
 as affecting amercement of officer for 
 failure to return execution. 42 L.R.A. 
 (N.S.) 895. 
 
 Personal liability of an election officer for 
 rejecting ballots. 11 L.R.A. (N.S.) 501. 
 
 Liability of officer who turns over articles 
 taken from prisoner to a third person 
 in recognition of the latter's adverse 
 claim. 19 L.R.A. (N.S.) 833. 
 
 Liability of, for interest. 15 L.R.A. 456; 
 18 L.R.A. 456; L.R.A.1918B, 811. 
 
 Statement of account of. 27 L.R.A. 821. 
 
 When police regulation is construed to ap- 
 ply to public official. 3 L.R.A. (N.S.) 
 878. 
 
 Action against, as suit against state. 1 
 L.R.A. (N.S.) 727. 
 
 Duty of officer to account for money or 
 property he has recovered as result of 
 litigation. 42 L.R.A. (N.S.) 697. 
 
 Right to maintain action to recover prop- 
 ertv in specie against officer executing 
 writ. 18 L.R.A. I N.S.) 1272. 
 
 Constitutionality of statute releasing public 
 officer or his surety from liability for 
 loss of public fund. 41 L.R.A. (N.S.) 
 97. 
 
 Removal to Federal court of causes against 
 Federal officers. 53 L.R.A. 577. 
 
 Sufficiency of general allegations as to 
 breach of duty. 59 L.R.A. 2C7. 
 
 Burden of proof in action against officer for 
 faihire to execute process. 3 L.R.A. 
 (N.S.) 420. 
 
 Effect of judgment establishing title to 
 
 property seized under execution, as 
 
 against officer making seizure, who was 
 
 , not a party thereto. 14 L.R.A. (N.S.) 
 
 530. 
 
 Character and extent of relief against an 
 officer vested with discretion, who lias 
 rendered a decision upon a ground not 
 within his discretion. 7 L.R.A. (N.S.) 
 525. 
 
 Ber/iii with tJiift book on every law question. 
 
 OFFICERS, III. c cont'd 
 Imprisonment of officers of court for debt. 
 34 L.R.A. 669. 
 
 39. On contract. 
 
 Liability of public officers on contracts made 
 by them for the public. 15 L.R.A. 509; 
 43 L.R.A. (N.S.) 565. 
 
 Personal liability of public officer on con- 
 tract which lie attempts to make for 
 public in excess of his authoritv. 23 
 L.R.A. (N.S.) 428. 
 
 Personal liability of officer to sell property 
 for broker's services.' 38 L.R.A. (N.S. > 
 777. 
 
 Personal liability of officer who signs con- 
 tract by adding words indicating repre- 
 sentative capacity to his signature. 42: 
 L.R.A. (N.S.) 6. 
 
 40. For negligence or torts. 
 
 Liability for false imprisonment, see FALSE 
 
 IMPRISONMENT, 6-7a. 
 Liability for wrongful levy, see LEVY AXI> 
 
 SEIZURE. 10-12. 
 Liability of police officer, see POLICE, 5. 
 
 Criminal responsibility for nuisance. L.R.A. 
 191 6F, 582. 
 
 Liability of public prosecutor to action for 
 malicious prosecution. L.R.A.1917F, 
 699. 
 
 Personal liability of highway officers for 
 negligence. '22 L.R.A. 824; 52 L.R.A. 
 (N.S.) 142; L.R.A.1916B, 1186. 
 
 Liability of officer who uses criminal process 
 to collect a debt. 24 L.R.A. (N.S.) 301. 
 
 Liability of registrar of deeds for neglect, 
 delay, or mistake in registering or in- 
 dexing instrument affecting title to 
 real property. 23 L.R.A. (N.S.) 127. 
 
 Liability of officers to bondsmen of another 
 officer for neglect to require proper set- 
 tlement of latter's accounts. 28 L.R.A. 
 (N.S.) 115. 
 
 Robbery by, after making an arrest. 1 
 L.R.A. (N.S.) 1024; 3 L.R.A. (N.S.) 
 508. 
 
 Larceny while acting under writ of execu- 
 tion. 3 L.R.A. (N.S.) 508. 
 
 Liability of postmaster for illegal acts 
 done in accordance with directions of 
 superior officer. 24 L.R.A. (N.S.) 309. 
 
 Liability as, of receivers for torts or negli- 
 gence of servants. 63 L.R.A. 234. 
 
 Liability of public, or officers having charge 
 of public charitable institution, for neg- 
 ligence toward inmate. 6 B. R. C. 552. 
 
 Civil liability of officer for injury inflicted 
 by prisoner in his custody upon another 
 prisoner. L.R.A.1918C, 1163. 
 
 Homicide by peace officer in attempting to 
 enforce his commands against innocent 
 persons. L.R.A.1918D, 379. 
 
 For wrongful act of corporate board of 
 which officer is a member. 5 L.R.A. 
 (N.S.) 463. 
 
 Right to break and enter dwelling to serve 
 civil writ of process. L.R.A.1916D, 
 281. 
 
 Liability of live stock inspectors. L.R.A. 
 * 1915B, 1013.
 
 INDEX TO L.R.A. NOTES. 
 
 101; 
 
 OFFICERS.'III. c cont'd 
 
 When statute begins to run against action 
 by private person based on broach of 
 duty by ' ublic officer. 52 L.tt.A. (IvS.) 
 701. 
 
 41. lor loss by failure of bank. 
 
 Liability on bond for loss of money by theft 
 or bank failure. 22 L.R.A. 449. 
 
 Public funds. 7 L.R.A. (N.S.) 1084; 36 
 L.R.A. (N.S.) 285. 
 
 Private funds. 30 L.R.A. (N.S.) 292. 
 
 Express legislation ; curative acts. 36 
 L.R.A. (N.S.) 294. 
 
 12. For judicial acts. 
 
 Liability of judicial ollicer to civil action 
 for acts of judicial nature. 14 L.R.A. 
 138; 44 L.R.A. (N.S.) 164. 
 
 For acts in excess of jurisdiction. 27 L.R.A. 
 92. 
 
 IV. De facto officers. 
 
 43. Generally. 
 
 Of municipality, see MUNICIPAL CORPORA- 
 TIONS, g J22. 
 
 Failure of officer to take proper oath or 
 
 give proper bond as affecting his status 
 
 as a de facto officer. L.R.A.1918B. 
 
 1124. 
 Under unconstitutional statute. 21 L.R.A. 
 
 141. 
 De jure office as a condition of a de facto 
 
 officer. 15 L.R.A. (N.S.) 94; 24 L.R.A. 
 
 (N.S.) 408. 
 Right to try in mandamus proceeding the 
 
 question who is de facto officer. 13 
 
 L.R.A. (N.S.) 661. 
 May bond of officer de facto be enforced as 
 
 a common-law bond. 21 L.R.A. (N.S.) 
 
 7C6. 
 May estoppel to deny authority to receive 
 
 money alleged to h&ve been embezzled 
 
 be invoked against officer de facto 
 
 charged with embezzlement. 23 L.R.A. 
 
 (N.S.) 763. 
 Effect of abolishing office on de facto officer. 
 
 15 L.R.A. (N.S.) 98. 
 Validity of acts of de facto justice of peace. 
 
 L.R.A.19181), 1079. 
 Effect of selection of grand jury by de facto 
 
 officer. L.R.A.1917C, 221. 
 
 44. Right to salary. 
 
 Effect of payment to de facto officer, see 
 supra, 37. 
 
 Right of de facto officer to salary of office. 
 32 L.R.A.(N.S.) 949; L.R.A.1918F, 587. 
 
 OFFICIAL MEETING. 
 
 Character of. essential to offense of disturb- 
 ing meeting. 30 L.R.A. (N.S.) 832; 45 
 L.R.A. (N.S.) 108. 
 
 Consult also L.R.A. Diyests of Cases. 
 
 OFFICIAL REPORT. 
 
 As privileged communication. 
 (N.S.) 163. 
 
 5 L.R.A. 
 
 OFFICIAL. STENOGRAPHER. 
 
 See STENOGRAPHER, 2, 3. 
 
 OFFSPRING. 
 
 Loss of, as element of damages for injuries 
 resulting in miscarriage. 23 L.R.A. 
 (N.S.) 347. 
 
 OIL. 
 
 As part of realty, see MIXES, 33-38. 
 As dangerous agency, see NEGLIGENCE, 14. 
 As to pipe lines, see PIPE LIXES. 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 Regulating keeping or storing of. 41 
 
 L.R.A. (N.S.) 458. 
 Storage of, as nuisance. 52 L.R.A.(N.S.) 
 
 930. 
 Violation of statute or ordinance relating 
 
 to, as ground of private action. 48 
 
 L.R.A. (N.S.) 879. 
 Right to require that flaxseed OF linseed oil 
 
 offered for sale shall answer a desig- 
 nated standard of purity. 41 L.R.A. 
 
 (N.S.) 150. 
 Sale of oil from wagon as peddling within 
 
 statutory or municipal regulations. 
 
 L.R.A.1916B, 1296. 
 Right to oil in railroad right of way aa 
 
 between company and fee owner. 45 
 
 L.R.A.(N.S.) 803. 
 Liability for injury caused by escape of oil 
 
 stored on one's premises. 15 L.R.A. 
 
 (N.S.) 535. 
 
 Discharging oil into stream or bay as proxi- 
 mate cause of fire resulting therefrom. 
 
 30 L.R.A.(N.S.) 1210. 
 Contributory negligence as defense in case 
 
 of explosion of oil below statutory 
 
 standard. 38 L.R.A. (N.S.) 412. 
 Liability of railroad company for damage 
 
 from. 32 L.R.A. (N.S.) 375. 
 Sufficiency of delivery of essential oils sold 
 
 out of larger lot. 26 L.R.A. (N.S.) 37. 
 Use of coloring matter in, as adulteration. 
 
 25 L.R.A.(N.S.) 1234. 
 
 OILING STREET. 
 
 Liability for injury due to. L.R.A. 1917F, 
 712.
 
 1014 
 
 INDEX TO L.R.A. NOTES. 
 
 OLL REFINERY. 
 
 As a nuisance. L.R.A.1918C, 230. 
 
 OLD AGE. 
 
 As total disability of insured. 38 L.R.A. 
 
 537. 
 As proof of testamentary incapacity. 27 
 
 L.R.A. (N.S.) 25; L.R.A.1915A, 450. 
 
 OLEOMARGARIN. 
 
 See FOOD, 9. 
 
 OMISSIONS. 
 
 Parol evidence of, see EVIDENCE, 179. 
 From will, see WILLS. 61. 
 
 Of corporate promoters. 25 L.R.A. 92. 
 
 OMITTED PROPERTY. 
 
 Assessment of, see TAXES, 54a. 
 
 OMNIBUS. 
 
 See HACKS. 
 
 OPEN COURT. 
 
 Hearing witnesses before grand jury in. 28 
 L.R.A. 323. 
 
 OPEN HOUSE. 
 
 Condition in liquor dealer's bond that licen- 
 see shall keep an open house. L.R.A. 
 1916E, 274. 
 
 OPENING STATEMENTS. 
 
 Effect of admissions on right as to, see 
 TRIAL, 9. 
 
 Right to direct verdict or enter nonsuit on 
 opening statement of counsel. 29 L.R.A. 
 (N.S.) 218. 
 
 OPEN SHOP. 
 
 Controversy over "open" or "closed" shop 
 as justification lor means employed to 
 aid strike. 17 L.R.A. (N.S.) 10*2; 3& 
 L.R.A. (N.S.) 787; L.R.A.1917F, 760. 
 
 OPERATING EXPENSES. 
 
 Treatment of, in estimating the return of a 
 public service corporation for rate- 
 making purposes. 52 L.R.A. (N.S.) 15. 
 
 OPERATION. 
 
 Performance of operation without consent 
 of patient, see PHYSICIANS AND SUR- 
 GEONS, 14. 
 
 Duty of injured person to submit to, on ad- 
 vice of physician or surgeon. 48- 
 L.R.A. (N.S.) 111. 
 
 Duty of injured employee seeking compen- 
 sation under Workmen's Compensation 
 Act to submit to operation. L.R.A. 
 1917D, 174. 
 
 OPERATOR. 
 
 Of automobile, see AUTOMOBILES, 2-4, 7. 
 
 OPHTHALMOLOGIST. 
 
 Application of statute regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A. (N.S.) 
 763; 24 L.R.A. (N.S.) 103; 25 L.R.A. 
 (N.S.) 1297. 
 
 OPEN POLICY. 
 
 Conflict of laws as to. 63 L.R.A. 840. 
 
 Jtegin \cith this book on every law question. 
 
 OPINION EVIDENCE. 
 
 See EVIDENCE, VIII. 
 
 < * 
 
 OPINIONS. 
 
 1. Generally. 
 
 As evidence, see EVIDENCE. VIII. 
 Expression of, as fraud, see FRAUD AND DE- 
 CEIT, 7. 
 As disqualification of juror, see JURY, 12. 
 
 Disqualifying grand juror. 28 L.R.A. 200. 
 Libel by expressing without misstating. 28 
 L.R.A. 667. 
 
 2. Of court. 
 
 As part of record on appeal, see APPEAL 
 
 AND ERROR, 22. 
 Criticism of, as ground for disbarment, see 
 
 ATTORNEYS, 5.
 
 INDEX TO L.R.A. NOTES. 
 
 1015 
 
 OPINIONS cont'd 
 Criticism or publication of, as contempt, 
 see CONTEMPT, 6, 7. 
 
 Propriety of referring in argument to jury 
 to opinions on appeal in previous trials 
 in the same cause. L.R.A.1918D, 64. 
 
 3. Statement of, as perjury. 
 
 Perjury in statements involving matters of 
 opinion or belief. 25 L.R.A. (N.S.) 654. 
 
 May perjury be predicated of testimony as 
 to the effect of an understanding or 
 agreement. 22 L.R.A. (N.S.) 1216. 
 
 OPIUM. 
 
 In general, see DRUGS AND DRUGGISTS. 
 
 Furnishing or prescribing by physician, 
 L.R.A.1918E, 669. 
 
 OPIUM HABIT. 
 
 Application of statute regulating practice 
 of medicine to persons giving treatment 
 for. 3 L.R.A.(N.S.) 763; 24 L.R.A. 
 (N.S.) 103; 25 L.R.A.(N.S.) 1297; 33 
 L.R.A.(N.S.) 179. 
 
 OPPONENT. 
 
 As witness, right to impeach. 21 L.R.A. 
 425. 
 
 OPPRESSION. 
 
 Injunction against action or proceeding in 
 foreign jurisdiction to prevent. 25 
 L.R.A. (N.S.) 268. 
 
 Libel or slander by charge of, against public 
 officer or candidate. L.R.A.1918E, 40. 
 
 OPPROBRIOUS WORDS. 
 
 As provocation for homicide. 4 L.R.A. (N. 
 S.) 154. 
 
 OPTHAIvMOLOGISTS. 
 
 Application to, of statutes regulating prac- 
 tice of medicine. L.R.A.1917C, 826. 
 
 OPTICIAN. 
 
 Application of statute regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A. (N.S.) 
 762; 24 L.R.A. (N.S.) 103; 25 L.R.A. 
 (N.S.) 1297; 33 L.R.A. (N.S.) 179. 
 
 Consult also L.R.A. Digests of Cases- 
 
 OPTION. 
 
 Assignability of, see ASSIGNMENT, 4. 
 
 As to mutuality, generally, see CONTRACTS, 
 18. 
 
 Rights conferred by, generally, see CON- 
 TRACTS, 23. 
 
 Validity of wagering contracts, generally, 
 see CONTRACTS, 105, 106, 115, 116. 
 
 Of insured, see INSURANCE, 56. 
 
 Of insurer to rebuild, see INSURANCE, 171. 
 
 Of insurer as to person to receive proceeds 
 of policy, see INSURANCE, 194. 
 
 To renew lease, see LANDLORD AND TENANT, 
 25. 
 
 To servant to accept benefits from relief 
 fund, see MASTER AND SERVANT, 53, 
 
 To declare mortgage due for default of pay- 
 ments, see MORTGAGE, 65. 
 
 For purchase of personal property, see SALE, 
 2. 
 
 Rights and liability under option for pur- 
 chase of personalty, see SALE, 41. 
 
 As affecting specific performance, see SPE- 
 CIFIC PERFORMANCE, 22. 
 
 For purchase of real estate, see VENDOR AND- 
 PURCHASER, 4. 
 
 Right to damages for breach of option con- 
 tract which is not specifically enforce- 
 able because it contravenes the rule 
 against perpetuities. 4 B. R. C. 292. 
 
 Right of broker to compensation upon pro- 
 curing customer to take an option. 4? 
 L.R.A. (N.S.) 91. 
 
 Contract for indefinite option or indefinite 
 renewal of, as perpetuity. 9 L.R.A. (N. 
 S.) 913. 
 
 To take interest or profits from person in. 
 fiduciary relation. 29 L.R.A. 625. 
 
 Exercise of option to retire obligation be- 
 fore maturity as stopping interest. 43- 
 L.R.A.(N.S.) 1146. 
 
 As to maturity of paper as affecting nego- 
 tiability. 35 L.R.A. (N.S.) 390; L.R.A, 
 1915B, 472. 
 
 As taxable credit. 10 L.R.A. (N.S.) 1061; 
 34 L.R.A.(N.S.) 1221. 
 
 Effect on contract of leaving option between 
 different amounts. 53 L.R.A. 292. 
 
 Renewal of contract under option as extend- 
 ing the undertaking of a surety for the 
 performance of the contract. 41 L.R.A. 
 (N.S.) 422. 
 
 Of cestui que trust to require a conveyance 
 or otherwise terminate the trust as sub- 
 jecting the same to the claims of cred- 
 itors. 25 L.R.A. (N.S.) 236. 
 
 Promise to pay a fixed sum conditional up- 
 on exercise of an option by promisee, 
 the time for which had not expired at 
 the time of bankruptcy, as basis of 
 provable claim. 28 L.R.A. (N.S.) 349. 
 
 Validity of contract or option by director 
 for purchase of stock of employee of 
 corporation upon discontinuance of em- 
 ployment. L.R.A. 1916D, 1117. 
 
 Validity of agreements giving mortgagee 
 right to retain property on additional 
 payments. 6 B. R. C. 435. 
 
 Specific performance of provisions for ap- 
 praisal of property preliminary to exer- 
 cise of option. L.R.A.1917C, 813.
 
 1010 
 
 INDEX TO L.R.A. NOTES. 
 
 OPTIOX cont'd j ORDINANCE. 
 
 Who may exercise option under a contract ! 
 
 calling for a maximum or minimum j In general, see MUNICIPAL CORPORATIONS, 
 amount of commodity. L.R.A. 1918D, < V. c. 
 
 583. Municipal liability for failure to enforce, 
 
 Insurable interest of holder of option on j see MUNICIPAL CORPORATIONS, 100. 
 
 property. L.R.A.1918A, 393. Municipal liability for enforcement of void 
 
 ordinance, see MUNICIPAL CORPORA- 
 TIONS, 101. 
 
 OPTOMETRISTS. 
 
 Application to, of statutes regulating prac- 
 tice of medicine. L.R.A.1917C, 826. 
 
 ORAL CONTRACTS. 
 
 Generally, see CONTRACTS, 25-59. 
 Of insurance, see INSURANCE, 36, 43. 
 Specific performance of, see SPECIFIC PER- 
 FORMANCE, 11-13. 
 
 ORAL EVIDENCE. 
 
 See EVIDENCE. VII. 
 
 ORAL WILL. 
 
 Revocation of former will by. 37 L.R.A. 
 562. 
 
 ORANGE MINT. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(X.S.) 336. 
 
 ORCHARDS. 
 
 Validity and construction of statutory 
 regulations as to infected orchards. 
 43 L.R.A.(N.S.) 1080; L.R.A.1915F, 
 894. 
 
 Effect of constitutional or statutory exemp- 
 tion of, from condemnation proceed- 
 ings. L.R.A.1916A, 1103. 
 
 ORDINANCE OF 1787. 
 
 Ordinance of 1787, see ORDINANCE OF 1787. 
 
 Effect upon, of admission of state into the 
 Union. 52 L.R.A.(N.S.) 305. 
 
 ORES. 
 
 In general, see MINES. 
 
 Sufficiency of delivery of, on sale out of 
 larger. lot. 26 L.R.A. (N.S.) 44. 
 
 2. 
 
 ORDER. 
 
 Admissibility of, in evidence, see EVIDENCE, 
 
 130. 
 
 Forgery of, see FORGERY, 9. 
 Obedience of, by servants, see MASTER AND 
 
 SERVANT, 4, 70, 117, 126, 127. 
 Of court, see MOTIONS AND ORDERS. 
 Of trial, see TRIAL. 
 Of proof, on trial, see TRIAL, 13. 
 
 Liability of county for interest on. 17 
 
 L.R.A.(N.S.) 552. 
 Larceny by making or procuring fraudulent 
 
 orders on public funds. 32 L.R.A. (N. 
 
 S.) 234. 
 Negotiability of postoffice money orders. 
 
 36 L.R.A.(N.S.) 143. 
 Begin ivith this book on every law question. 
 
 ORGANIZATIONS. 
 
 Of grand jury, see GRAND JURY, 
 
 Of petit jury, see JURY, III. 
 
 Or municipality, see MUNICIPAL CORPORA- 
 TIONS, 6. 
 
 Of school district, see SCHOOLS, 28. 
 
 See also ASSOCIATIONS ; BENEVOLENT SOCI- 
 ETIES; BUILDING AND LOAN ASSOCIA- 
 TIONS; CORPORATIONS; INSURANCE; 
 LABOR ORGANIZATIONS; PARTNERSHIP; 
 RELIEF ASSOCIATIONS; RELIGIOUS SO- 
 CIETIES. 
 
 Right of members of organization to pro- 
 tection in use of a name which their 
 efforts have made valuable. 28 L.R.A. 
 (N.S.) 458. 
 
 ORGANIZED LABOR. 
 
 See CONSPIRACY, 4-8; LABOR ORGANIZA- 
 TION. 
 
 ORIGINAL JURISDICTION. 
 
 Of court of last resort, see COURTS, 30, 
 31. 
 
 ORIGINAL PACKAGE. 
 
 As articles of commerce, see COMMERCE, 
 16. 
 
 Applicability of pure food laws as to label- 
 ing to retail packages taken from orig- 
 inal package of manufacturer. 25 
 L.R.A.(N.S.) 616.
 
 INDEX TO L.R.A. NOTES. 
 
 1017 
 
 ORIGINAL PACKAGE cont'd 
 
 Original package rule as affecting questions 
 what amounts to retail as distinguished 
 from wholesale of liquor. 32 L.R.A. 
 (N.S.) 625; L.R.A.1915B, 389. 
 
 ORIGINALS. 
 
 Of telegram. 50 L.R.A. 202. 
 Common law rights of authors in. 
 
 L.R.A. 379. 
 Copies of documents made by mechanical 
 
 means as originals. 12 L.R.A. (N.S.) 
 
 343. 
 
 51 
 
 ORNAMENTAL ARTICLES. 
 
 As fixtures. 6 B. R. C. 161. 
 
 ORNAMENTAL TREES. 
 
 Rights of life tenant as to. 37 L.R.A. (N. 
 S.) 772. 
 
 Measure of damages for injury to, or de- 
 struction of. 19 L.R.A. 653; 11 L.R.A. 
 (N.S.) 930: 28 L.R.A.(N.S.) 757; 37 
 L.R.A.(N.S.) 1115. 
 
 ORPHAN. 
 
 Residence of. for school purposes. 36 L.R.A. 
 (N.S.) 344; 51 L.R.A. (N.S.) 234. 
 
 OSTEOPATHIST. 
 
 Application of statutes regulating practice 
 of medicine to. 3 L.R.A. (N.S.) 763; 
 24 L.R.A.(N.8.t 103; 25 L.R.A. (N.S.) 
 1297; L.R.A.1917C, 822. 
 
 OTHER ACTION PENDING. 
 
 Abatement of actions by, see ABATEMENT 
 AND REVIVAL, 5-7. 
 
 OTHER THINGS. 
 
 Construction of words "other things" as 
 
 used in devise or legacy. 
 223. 
 
 L.R.A.1918A, 
 
 OUSTER. 
 
 In general, see ADVERSE POSSESSION. 
 Of jurisdiction, see COUETS, 3. 
 Consult also L.R.A. Digests of Cases. 
 
 OUSTER cont'd 
 
 Election of public officer after ouster for 
 
 misconduct. 6 L.R.A.(N.S.) 843; 
 
 L.R.A.1916D, 959. 
 Liability of cotenants to account for use 
 
 and occupation, and rents and profits, 
 
 in case of. 28 L.R.A. 832; 2!) L.R.A. 
 
 (N.S.) 228; L.R.A.1918B, 606. 
 Admission of, by defendant in ejectment 
 
 under a plea of the general issue. 
 
 L.R.A.1918F, 248. 
 
 OVENS. 
 
 As part of realty. 1 B. R. C. 972. 
 
 OVERBUYING. 
 
 As ground for attachment. 30 L.R.A. 488. 
 
 OVERCHARGES. 
 
 Recovery back of overcharges made by pub- 
 lic service corporation. 18 L.R.A. (N. 
 S.) 124. 
 
 OVERCROWDING. 
 
 Carrier's liability in case of, see CARRIERS, 
 74. 
 
 Carrier's duty to prevent injury to -livestock 
 from. 39 L.R.A. (N.S.) 642. 
 
 OVERDRAFT. 
 
 Right of bank to recover back amount paid 
 on check under mistaken belief that 
 there were funds sufficient to meet it. 
 33 L.R.A. (N.S.) 13; 23 L.R.A.(N.S.) 
 1092; L.R.A.1918F, 811. 
 
 OVERDUE PAPER. 
 
 See BILLS AND NOTES, 36. 
 
 OVEREXERTION. 
 
 Injury from, as covered by accident policy. 
 2 B. R. C. 367. 
 
 Injury or disability from strain as within 
 provision as to external, violent or ac- 
 cidental means. 42 L.R.A. (N.S.) 562. 
 
 Assumption of risk of, in lifting weight* 
 under the immediate direction of mas- 
 ter or vice principal. 25 L.R.A. (N.S. ) 
 362.
 
 1018 
 
 INDEX TO L.R.A. NOTES. 
 
 OVERFLOW. 
 
 In general, see WATERS, 46-50. 
 
 Municipal liability for overflow of drains 
 and sewers, see MUNICIPAL CORPORA- 
 TIONS, 88. 
 
 OVERHANG. 
 
 Liability of street railway company to one 
 hit by swing of car at curve. L.R.A. 
 / 1915C, 604. 
 
 OVERHANGING OBJECTS. 
 
 Injury by falling objects, see FALLING OB- 
 JECTS. 
 In street, see HIGHWAYS, 19a, 68, 83. 
 
 OVERHEAD CHARGES. 
 
 Treatment of, in public service property 
 valuations. 48 L.R.A. (N.S.) 1037. 
 
 Amortization of, in estimating return of a 
 public service corporation for rate- 
 making purposes. 52 L.R.A. (N.S.) 50. 
 
 OVERHEAD CROSSING. 
 
 Power of municipality to require railroad 
 company to keep highway in repair at. 
 18 L.R.A.(N.S.) 915. 
 
 OVERHEATING. 
 
 Recovery under Workmen's Compensation 
 Act for injuries caused by. L.R.A. 
 191 8F, 872. 
 
 OVERLAP. 
 
 Of mining claims. 7 L.R.A. (N.S.) 853. 
 Nature of adverse possession under color 
 
 of title in case of overlapping grants. 
 
 15 L.R.A.(N.S.) 1245. 
 
 OVERPAYMENT. 
 
 Right to recover back overpayment made in 
 ignorance or forgetfulness of previous 
 payments. 24 L.R.A. (N.S.) 517. 
 
 Right of executor or administrator to re- 
 cover back excessive payments made 
 under mistaken belief that the estate 
 was solvent. 28 L.R.A.(N.S.) 440. 
 
 OVERSTATED DEBT. 
 
 Security for as participation by creditor in 
 debtor's fraudulent intent. 31 L.R.A. 
 630. 
 
 OVERSTRAINING. 
 
 See OVEREXERTION. 
 
 *--* 
 OVERWORK. 
 
 Overwork of servant as affecting master's 
 liability for injury to him or another 
 servant. 13 L.R.A. (N.S.) 1214; 45 
 L.R.A. (N.S.) 372. 
 
 OWNERSHIP. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 104, 105. 
 
 Evidence as to generally, see EVIDENCE, 
 281. 
 
 Allegations as to, in indictment, see INDICT- 
 MENT, ETC., 7. 
 
 Of insured property, see INSURANCE, 66- 
 73. 
 
 Of entire party wall by builder. 66 L.R.A. 
 
 673. 
 Admissibility of books of account to prove. 
 
 52 L.R.A. 716. 
 Denial of, in information and belief. 30 
 
 L.R.A.(N.S.) 777. 
 Of paper payable to director or officers of a 
 
 corporation. 50 L.R.A. 'N.S. ] 11 1Z. 
 
 OWNER'S RISK. 
 
 Provision in contract of carriage that goods 
 shall be "at owner's risk" as extending 
 to loss caused by negligence. 6 B. R. C. 
 125. 
 
 OWN WITNESS. 
 
 Right to impeach, see WITNESSES, 44. 
 
 OXEN. 
 
 Express warranty as to, as excluding im- 
 plied warranty. 33 L.R.A. (N.S.) 505. 
 
 OXYGEN. 
 
 Application of statutes regulating practice 
 of medicine to persons giving. 3 L.R.A. 
 (N.S.) 763. 
 
 Begin with this book on every law question. 
 
 OXYGENOR. 
 
 Application of statute regulating prac- 
 tice of medicine to persons giving spe- 
 cial kinds of treatment. 3 L.R.A. (N. 
 S.) 762; 24 L.R.A. (N.S.) 103; 25 
 L.R.A. (N.S.) 1297.
 
 OVER. 
 
 See PLEADING, 5. 
 
 INDEX TO L.R.A. NOTES. 
 
 OYSTERS. 
 
 See FISHERIES, 5. 
 
 PACKAGES. 
 
 Original packages, see ORIGINAL PACKAGES. 
 
 Express company's duty as to delivery and 
 collection of. 33 L.R.A. 66. 
 
 Eight of passenger to carry baggage or 
 packages in street car. 30 L.R.A. (N. 
 S.) 889. 
 
 .TCiglit to compel production of sealed packet, 
 or articles not of a documentary char- 
 acter, upon subpoena duces tecum. 3 
 B. R. C. 219. 
 
 PACKER. 
 
 Liability of, to persons not in privity of 
 contract for injuries from defects in 
 articles sold. 19 L.R.A. (X.8.) 923; 48 
 L.R.A. (N.S.) 213; L.R.A.1916B, 879. 
 
 PACKET. 
 
 See PACKAGES. 
 
 PACKET COMPANY. 
 
 Exclusion of foreign company as affecting 
 commerce. 24 L.R.A. 312. 
 
 PAID SURETY. 
 
 TUiles governing contracts of. 
 (N.S.) 513. 
 
 33 L.R.A. 
 
 PAID-UP INSURANCE. 
 
 See INSURANCE, 55. 
 
 PAID-UP STOCK. 
 
 Assessments on, see CORPORATIONS, 111. 
 
 PAIN. 
 
 Allowance for in fixing damages for death. 
 
 17 L.R.A. 72. 
 Admissibility- of expressions or statements 
 
 of present pain made during sickness or 
 
 subsequent to injuries. 24 L.R.A. (N. 
 
 S.) 253. 
 As affecting testamentary capacity. 27 
 
 L.R.A. (N.S.) 28; L.R.A.1915A, 451. 
 Consult also L.R.A. 7>t7e.sf,s of Cases. 
 
 PAINT. 
 
 Liability for injury to employee by explo- 
 sion of. L.R.A\1918B, 864. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278. 
 
 PAINTERS. 
 
 As independent contractors. 17 L.R.A. (N. 
 S.) 373. 
 
 PAINTING. 
 
 Instruction in, as a necessary for an in- 
 fant. 42 L.R.A.(N.S.) 1115. 
 Tenant's duty as to. 64 L.R.A. 655. 
 
 < 
 
 PALACE CAR COMPANY. 
 
 See CARRIERS, 96, 97. 
 
 *-- 
 
 PALMISTRY. 
 Prohibition of. 43 L.R.A. (N.S.) 203. 
 
 PAMPHLETS. 
 
 Use of, by counsel in arguing to jury. 
 
 L.R.A.1918D, 82. 
 Publication by, of matters derogatory to 
 
 parties to litigation, as contempt of 
 
 court. 2 B. R. C. 498. 
 
 PANEL. 
 
 Of petit jury, see JURY, III. 
 
 Excusing and completing panel of grand 
 jurors. 27 L.R.A. 780. 
 
 PAPERING. 
 
 Tenant's duty as to. 64 L.R.A. 655.
 
 1020 
 
 INDEX TO L.R.A. NOTES. 
 
 PAPERS. 
 
 Discovery and inspection of, see DISCOVERY 
 
 AND INSPECTION, 3, 4. 
 As to legal papers, see LEGAL PAPERS. 
 See also, DOCUMENTS. 
 
 Condition in fire policy as to keeping, pro- 
 ducing and preserving. 51 L.R.A. 699; 
 L.R.AJ915F, 759. 
 
 PAR. 
 
 Issuance of corporate bonds at less than par 
 as usury. 35 L.R.A. (N.S.) 1106. 
 
 Accrued interest as part of par value with- 
 in prohibition against sale of bonds at 
 less than par. 35 L.R.A. (NTS.) 789. 
 
 PARADES. 
 
 Delegation of power to regulate. 20 L.R.A. 
 
 721. 
 
 In street. 19 L.R.A. 858. 
 Municipal control over, as nuisance in 
 
 street. 39 L.R.A. 672. 
 Validity of ordinances as to street parades. 
 
 25 L.R.A.(N.S.) 251. 
 Validity of statutory or other regulation 
 
 forbidding display of red flag or other 
 
 symbol tending to incite disorder. 
 
 L.R.A.1915B, 706. 
 
 PARALLEL RAILROADS. 
 
 Consolidation of, see RAILROADS, 9-11. 
 
 PARALYSIS. 
 
 As element of damages for negligent injury. 
 
 48 L.R.A. (N.S.) ]01. 
 As affecting testamentary capacity. 27 
 
 L.R.A.(N.S.) 29; L.R.A.1915A, 451. 
 
 PARAMOUR. 
 
 PARAPHERNALIA. 
 
 Card-game paraphernalia as gaming device 
 within statute as to gaming. 17 
 
 L.R.A. (N.S.) 1210. 
 
 PARCELS. 
 
 As baggage, see CARRIERS, 87. 
 Sale under mortgage in parcels, see MORT- 
 GAGE, 79. 
 
 PARDON. 
 
 See CRIMINAL LAW, 85- 
 
 PARENT AND CHILD. 
 
 1. Generally. 
 
 Advancement to child, see ADVANCEMENT. 
 
 Enlistment of minor, see ARMY AND NAVY,, 
 2. 
 
 Assault and battery by parent, see ASSAULT 
 AND BATTERY, 8. 
 
 Father's right to appoint guardian for, see 
 GUARDIAN AND WARD, 3, 4. 
 
 Interest of children in community property,, 
 see HUSBAND AND WIFE, 31. 
 
 Illegitimate children, see ILLEGITIMACY. 
 
 Legitimation of bastard child, see ILLEGIT- 
 IMACY, 3. 
 
 As to incest between, see INCEST. 
 
 Liability for death of, or injury to, infants, 
 generally, see INFANTS, VI. 
 
 Insurance on life of minor child, see IN- 
 FANTS, 4. 
 
 Minor children, generally, see INFANTS, 
 6-30. 
 
 Parents' duty to support and protect minor 
 child, see INFANTS, 11-13. 
 
 Marriage of infant child, see INFANTS, K>. 
 
 Parents' liability for necessaries furnished 
 minor child, see INFANTS, ISa. 
 
 Liability for death of, or injury to, infants,, 
 see INFANTS, VI. 
 
 Insurable interest in life of, see INSURANCE,. 
 
 Insurance on life in favor of. 47 L.R.A. 
 (N.S.) 252. 
 
 Slander in charging woman with being. 24 
 L.R.A.(N.S.) 611. 
 
 Competency of one spouse to testify as to 
 . conduct of other spouse on indictment j 
 of paramour for adultery. 39 L.R.A. 
 (N.S.) 318. 
 
 Right of one charged as paramour in di- 
 vorce suit to attack divorce decree. 
 L.R.A.1917B, 498. 
 
 Berjin ivith this ftoofe on every law question. 
 
 Contributory negligence of parent, see NEG- 
 LIGENCE, 37. 
 
 Seduction of child, see SEDUCTION. 
 
 Action by parent for seduction of child, see 
 SEDUCTION, 4, 5. 
 
 Revocation of will bv birth of children, see 
 WILLS, 37. 
 
 Allowance for mental anguish because of 
 negligence in transmission of message 
 relating to illness or death of parent, 
 or child, see DAMAGES, 102. 
 
 Children as "employees" of parents within; 
 
 meaning of Workmen's Compensation? 
 
 Acts. L.R.A.1918F, 205. ' 
 Personal contributory negligence of child 
 
 riding in vehicle driven or controlled by 
 
 parent. L.R.A.1915E, 230. 
 Homicide or assault to prevent one from 
 
 taking a child. L.R.A.1915A, 73.
 
 INDEX TO L.R.A. NOTES. 
 
 1021 
 
 PARENT AND CHILD cont'd 
 
 Action by parent for mutilation of corpse. 
 L.R.A.1915B, 522. 
 
 Validity and enforceability of contract in 
 consideration of naming child. 51 
 L.R.A(N.S.) 1108. 
 
 Use of photograph to show likeness of. 35 
 L.R.A. 806. 
 
 Exhibition of child in bastardy proceedings 
 for purpose of determining paternity. 
 L.R.A.1917B, 1148. 
 
 Admissibility of declarations of parents or 
 putative parents as to paternity or ma- 
 ternity of child. 6 B. R. C. 852. 
 
 Right of child of divorced parents to attack 
 divorce decree. L.R.A.1917B, 498. 
 
 Right of parent of divorced child to attack 
 divorce decree. L.R.A.1917B, 499. 
 
 Right of parent to maintain action for dam- 
 ~ ages against one issuing marriage li- 
 cense to, or performing marriage cere- 
 monv for, child under age of consent. 
 L.R.A.1917E, 873, 874. 
 
 "Right of mother to recover penalty for im- 
 proper performance of marriage cere- 
 mony. L.R.A.1917E, 874. 
 
 Parent's right to remove child from state. 
 58 L.R.A. 937. 
 
 Whether parent or child real party in in- 
 terest by whom action must be brought. 
 64 L.R.A. 610. 
 
 Right of parent to sue for libel or slander 
 of child. 45 L.R.A. (N.S.) 769. 
 
 Insurable interest in life of foster child or 
 'foster parent. 46 L.R.A. (N.S.) 779. 
 
 Malice as essential to. an action for aliena- 
 tion of affections by parent. 46 L.R.A. 
 (N.S.) 467. 
 
 Statutes establishing juvenile courts as 
 interfering with rights of parent. 
 45 L.R.A. (N.S.) 913. 
 
 Right of parent to appointment as fuardian 
 of minor child. 33 L.R.A. (N.S.) 868. 
 
 Voluntariness of confession to parent. 18 
 L.R.A.(N.S.) 854. 
 
 Liability of parent for causing separation 
 of husband and wife. 9 L.R.A. (N.S.) 
 322. 
 
 Liability for performing surgical operation 
 on minor without parent's consent. 7 
 L.R.A. (N.S.) 612; 41 L.R.A. (N.S.) 
 290. 
 
 Right of parent, guardian, or next friend 
 to compromise infant's cause of action 
 for personal injuries. 21 L.R.A. (N.S.) 
 338; L.R.A.1918C, 58. 
 
 g 2. Emancipation. 
 
 Effect of marriage of infant as. 16 L.R.A. 
 578; 24 L.R.A.(N.S.) 160. 
 
 Right of parent to recover for personal in- 
 jury to emancipated child. L.R.A. 
 1918B, 408. 
 
 {J 3. Inheritance by. 
 
 Inheritance by, generally, see DESCENT AND 
 DISTRIBUTION. 
 
 Inheritance by, through, or from illegiti- 
 mate, see DESCENT AND DISTBIBUTION, 
 5. 
 
 Father aa sole next of kin to unmarried 
 child to exclusion of mother. 1 B. R. 
 C. 566. 
 
 ^Consult also L.R.A. Digests of Cases. 
 
 PARENT AND CHILD cont'd 
 4. Homestead rights. 
 
 Right of child in homestead of parent, see 
 HOMESTEAD, 19, 20. 
 
 As a "family," under homestead and ex- 
 emption ' laws. 4 L.R.A. (N.S.) 366; 
 L.R.A.1917C, 361. 
 
 Rights of surviving mother under home- 
 stead and exemption laws. 4 L.R.A. 
 (N.S.) 396. 
 
 5. Gifts between. 
 
 Presumption and burden of proof as to un- 
 due influence respecting gifts inter vi- 
 vos from parent to child. 35 L.R.A. 
 (N.S.) 944. 
 
 May promissory note from parent to child 
 be subject of a valid gift by former to 
 latter. 7 L.R.A. (N.S.) 156. 
 
 Independent advice as a condition of a valid 
 gift inter vivos between parties occu- 
 pying confidential relations. 16 L.R.A. 
 (N.S.) 1087. 
 
 6. Contracts between. 
 
 Implied contract to pay for services of, see 
 CONTRACTS, 4. 
 
 Enforcement in equity of grantee's oral 
 promise to grantor to hold in trust in 
 case of conveyance between parent and 
 child. 39 L.R.A. (N.S.) 926. 
 
 7. Contracts with third persons. 
 
 Parent's liability for necessaries furnished 
 
 child, see INFANTS, 18a. 
 Ratification by parent, see RATIFICATION, 
 
 3. 
 
 Parent's assent to sale of expectancy by 
 prospective heir. 33 L.R.A. 274. 
 
 Contracts procured by threats of prosecu- 
 tion of parent or child. 26 L.R.A. 56; 
 20 L.R.A. (N.S.) 484; 37 L.R.A. (N.S.) 
 539; L.R.A.1915D, 1118. 
 
 Parent as agent of child in contracting for 
 services of other persons. L.R.A. 1918F, 
 32. 
 
 8. child's power to bind parent by. 
 
 Parent's liability for necessaries furnished 
 child, see INFANTS, 18a. 
 
 Contracts other than those for necessaries. 
 
 39 L.R.A.(N.S.) 881. 
 Child as agent of parent in contracting for 
 
 services of other persons. L.R.A.1918F, 
 
 31. 
 
 9. Support. 
 
 Support and protection of minor children, 
 see INFANTS, 11-13. 
 
 Support of an adult child as an advance- 
 ment. 22 L.R.A. (N.S.) 1165. 
 
 Right of parent to sue child for support. 4 
 L.R.A. (N.S.) 1159. 
 
 Right of child who supports parent at re- 
 quest of other children to recover there- 
 for from the latter. 27 L.R.A. (N.S.) 
 683. 
 
 10. Tort of child. 
 
 Parent's liability for torts of minor child. 
 10 L.R.A. (N.S.) 933; 7 B. R. C. 30.
 
 IXDEX TO L.R.A. NOTES. 
 
 PARENT AND CHILD cont'd 
 
 Liability where automobile is being driven 
 
 by child. 41 L.R.A. (X.S.) 775; 50 
 
 L.R.A.(N.S.) 59; L.R.A.1915F, 223; 
 
 L.R.A.1917F, 366; L.R.A.1918F, 297. 
 Responsibility for violation of quarantine 
 
 by children. 45 L.R.A. (X.S.) 5SO. 
 Responsibility of parent having custody or 
 
 control of person mentally incompetent 
 
 for latter's torts. 50 " L.R.A. (N.S.) 
 
 1104. 
 
 g 11. Enticement and abduction. 
 
 Liability for abduction of child, see AB- 
 DUCTION AND KIDNAPPING. 
 
 Liability for inducing minor to quit parent, 
 see* CASE, 6. 
 
 What amounts to enticing of minor child 
 from parent's custody. 48 L.R.A. 
 I X.S.) 1001. 
 
 12. Matters as to schools. 
 
 Expulsion of pupil for misconduct of par- 
 ent, see SCHOOLS. 11. 
 
 Right of parent with respect to text-books 
 adopted for public schools. 36 L.R.A. 
 
 2 o 
 (O. 
 
 What constitutes residence of child living 
 with parents entitling him to privilege 
 of public schools. 36 L.R.A. (X.S.) 
 343; 51 L.R.A.(N.S.) 234. 
 
 13. Matters as to carriers. 
 
 Ejection of parent for nonpayment of child's 
 fare. 38 L.R.A. 140; L.R.A.1915E, 313. 
 
 Sufficiency of tender of fare by parent to 
 prevent ejection. 31 L.R.A. (X.S.) 995. 
 
 Recovery by parent from carrier for loss 
 of personal effects of infant who pays 
 no fare. 1 L.R.A.(X.S.) 353. 
 
 14, 15. Recovery by oi:e for death 
 or injury of other. 
 
 Measure of damages for, see DAMAGES, 
 57-67, 100, 101. 
 
 Parent's right of action for death of child, 
 see DEATH, 9. 
 
 Parent's right to recover for injury to 
 minor servant, see MASTER AND SERV- 
 ANT, 51. 
 
 Parent's contributory negligence as bar to 
 recovery for death of, or injury to, 
 child, & r ee XEGLIGENCE, 47, 48. 
 
 Imputing parent's negligence to child, see 
 NEGLIGENCE, 46-48. 
 
 Right of parent to recover for injury to 
 minor servant employed without his 
 consent. 30 L.R.A.(N.S.) 311. 
 
 Abandonment of child as affecting right to 
 recover damages for the negligent kill- 
 ing of the father. L.R.A.1916C, 806. 
 
 Right of parent to recover for personal in- 
 jury to emancipated child. L.R.A. 
 1918B, 408. 
 
 16. Adoption. 
 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 16. 
 Effect of adoption on right to inherit, see 
 
 DESC::.NT AND DISTRIBUTION, 6. 
 
 Benin irith this book on every law question. 
 
 PARENT AND CHILD cont'd 
 
 Effect of second adoption of child. LJR.A. 
 1918A, 824. 
 
 Domicil of adopted children. 49 L.R.A. 
 (N.S.) 863. 
 
 Right of adopted children to take parents' 
 homestead. 56 L.R.A. 54. 
 
 Adopted child as beneficiary under contract 
 of benefit association. L.R.A. 1916B, 
 905. 
 
 Sufficiency of relationship by adoption to 
 sustain action for death. 16 L.R.A. 
 (N.S.) 199. 
 
 Adoptive parent's statutory right of action 
 for death of child. L.R.A.1916E, 126. 
 
 Right of foster brothers and sisters to re- 
 cover for death of adopted child. 
 L.R.A.1916E, 132. 
 
 Adoption of adult under statute providing 
 for adoption of "child." 12 L.R.A. 
 (N.S.) 884. 
 
 Do terms "child," "children," "issue," etc., 
 in a will include adopted children. 27 
 L.R.A. (N.S.) 1158; L.R.A.1918B, 123. 
 
 Specific performance of contract to leave 
 property to adopted child in considera- 
 tion of his living with promisor. 44 
 L.R.A.(N.S.) 760. 
 
 Enforceability of contract to give child 
 share of estate in consideration of sur- 
 render of child to promisor, as affected 
 by noncompliance with statute pre- 
 scribing mode of adoption. 8 L.R.A. 
 (X.S.) 1130; 46 L.R.A. (X.S.) 1134. 
 
 Right of parties to adoption proceeding, or 
 their privies, to attack decree of adop- 
 tion. 30 L.R.A. (X.S.) 159. 
 
 Presumption and burden of proof as to un- 
 due influence respecting gifts inter 
 vivos to adopted child. 35 L.R.A. 
 (X.S.) 949. 
 
 17. Legal status of adopted child. 
 
 As to widow of adopting father. 17 L.R.A. 
 
 435. 
 As to other relatives of adopting parents. 
 
 17 L.R.A. 436. 
 As to inheritance from adopted child. 17 
 
 L.R.A. 437. 
 Rights of adopted children under wills. 17 
 
 L.R.A. 437; 27 L.R.A. (N.S.) 1158; 
 
 L.R.A.191SB, 123. 
 
 Rights under settlement. 17 L.R.A. 43S. 
 Rights under insurance policy. 17 L.R.A. 
 
 438: L.R.A.1916B, 905. 
 Extraterritorial effect of .adoption. 17 
 
 L.R.A. 439. 
 Right of adopting parent to disinherit 
 
 adopted child. L.R.A.1916D, 424. 
 Adopted children as "dependents" within 
 
 meaning of Workmen's Compensation 
 
 Statutes. L.R.A.1918F, 484. 
 
 18. consent of parents. 
 
 Validity of adoption without consent of 
 natural parents. 30 L.R.A. (X.S.) 
 146. 
 
 Constitutionality of statute permitting 
 adoption of child without consent of 
 parents. 18 L.R.A.(X.S.) 926.
 
 INDEX TO L.R.A. NOTES. 
 
 1023 
 
 PARENT AND CHILD cont'd 
 
 19. Criminal responsibility as affect- 
 ed by the relation; punishment of 
 child. 
 
 As to criminal responsibility of children, 
 generally, see CRIMINAL LAW, 7. 
 
 Criminal liability of parent for lack of sup- 
 port and medical attendance for infant 
 child, see INFANTS, 13. 
 
 Command of parent as excuse for infant's 
 criminal act. 36 L.R.A. 210. 
 
 20. liability for punishment of 
 child. 
 
 Homicide by excessive or improper chastise- 
 ment o'f child. 60 L.R.A. 801. 
 
 Liability of parent or custodian for assault 
 by punishment of child. 21 L.R.A. 
 (N.S.) 216. 
 
 PARISH. 
 
 Rights of, in pewa. 22 L.R.A. 212. 
 
 Reputed father's right to custod} 7 or con- 
 trol of illegitimate child as against. 
 65 L.R.A. 093. 
 
 | PARKS AND SQUARES cont'd 
 Injunction against obstruction of, by fences 
 
 or gates. 7 L.R.A. (N.S.) 85. 
 Taking of property for, as a public purpose. 
 
 22 L.R.A. (N.S.) 170. 
 
 Power to improve streets for park pur- 
 poses at expense of abutting owner. 
 32 L.R.A. (N.S.) 1056. 
 
 2. Use of. 
 
 Prohibiting use of automobiles in. 1 L.R.A, 
 (N.S.) 221; L.R.A.1915E, 264. 
 
 Forbidding or restricting teaming on park- 
 ways. 51 L.R.A. (N.S.) 1203. 
 
 Power of legislature to control use to which 
 property taken for the purpose of a 
 park or square may be put. 27 L.R.A, 
 (N.S.) 938. 
 
 3. change in. 
 
 What use of amounts to diversion from the 
 use for which they were dedicated. 
 25 L.R.A. (N.S.) 980; 50 L.R.A. (N.S.) 
 465. 
 
 8 4. Municipal liability for defects in. 
 See MUNICIPAL CORPORATIONS, 97. 
 
 5. Authority of commissioners. 
 
 Power of park commissioners to employ at- 
 torney. L.R.A.1917D, 247. 
 
 PARISH HOUSE. 
 
 Exemption of, from taxation. 27 L.R.A. 
 (N.S.) 910; 39 L.R.A. (N.S.) 437. 
 
 PARK COMMISSIONERS. 
 
 Authority of, see PARKS AND SQUARES, 5. 
 
 PARKING AUTOMOBILES. 
 
 Validity and effect of regulation as to park- 
 ing or leaving automobiles standing in 
 street. L.R.A.1917F, 352. 
 
 PARKING CARS. 
 
 Within city limits. 29 L.R.A. (N.S.) 643. 
 
 --* 
 
 PARKS AND SQUARES. 
 
 1. Generally. 
 
 Amusement parks, see AMUPEMF.XT PARKS. 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, KM. 
 
 Interference with view by obstruction in 
 
 park. L.R.A.1917C, U37. 
 Appropriations for. 14 L.R.A. 474. 
 Character of occupancy of keeper of. 4 
 
 L.R.A. (N.S.) 713, '719. 
 Ejectment for easement of public in park. 
 
 11 L.R.A,(N.S.) 129. 
 Consult also L.R.A. Diyests of Canes. 
 
 PARK STRIPS. 
 
 Liability for injury by defect or obstruc- 
 tion in. 20 L.R.A. (N.S.) 593; 40 
 L.R.A.(N.S.) 94; L.R.A.1018D, 814. 
 
 PARLIAMENT. 
 
 Power of English Parliament to punish for 
 contempt. L.R.A.1917F, 289. 
 
 PARLIAMENTARY LAW. 
 
 1. Generally. 
 
 Effect of personal interest on validity of 
 vote. 18 L.R.A. 367. 
 
 "2. Casting vote. 
 
 Casting vote by presiding officer in deciding 
 tie on election. 47 L.R.A. 561. 
 
 3. Quorum. 
 
 What constitutes a quorum for a meeting 
 of stockholders. 21 L.R.A. 174. 
 
 Withdrawal of stockholders from meeting to 
 break quorum. 36 L.R.A. (N.S.) 45. 
 
 Conclusiveness of enrolled bill on question 
 of. 23 L.R.A. 342. 
 
 PARLOR CARS. 
 
 Right of carrier to run trains composed ex- 
 clusively of. 36 L.R.A.(N.S.) 1139.
 
 1024 
 
 INDEX TO L R.A. NOTES. 
 
 PAROL CONTBACTS. 
 
 Generally, see CONTRACTS, 25-59. 
 Of insurance, see INSURANCE, 36, 43. 
 Specific performance of, see SPECIFIC PER- 
 FORMANCE, 11-13. 
 
 PAROLE. 
 
 See CRIMINAL LAW, 86. 
 
 PAROL EVIDENCE. 
 
 See EVIDENCE, VII. 
 
 PAROL GIFT. 
 
 As a conveyance. 67 L.R.A. 461. 
 Adverse possession by donee under. 35 
 L.R.A. 835. 
 
 PAROL LEASE. 
 See CONTRACTS, 42. 
 
 PAROL LICENSE. 
 
 See LICENSE, I. 
 
 PAROL PARTITION. 
 
 Of homestead. 4 L.R.A. (N.S.) 792. 
 
 PAROL TRUSTS. 
 
 See TRUSTS, 11. 
 
 - *-- - 
 
 PAROL WARRANTY. 
 
 On sale of chattel, see SALE, 27, 55. 
 
 PARSONAGE. 
 
 See PARISH HOUSE. 
 
 
 
 PARTIAL ANSWERS. 
 
 Admissibility as dying declarations of par- 
 tial answers to questions. 2 B. R. C. 
 922. 
 
 PARTIAL DELIVERY. 
 
 Sufficiency of partial delivery of freight to 
 carrier to render it liable. 32 L.R.A. 
 (N.S.) 316. 
 
 PARTIAL INTESTACY. 
 
 See WILLS, 7G. 
 
 PARTIAL INVALIDITY. 
 
 Of chattel mortgage, see CHATTEL MORT- 
 
 GAGE, 5. 
 Of statute, see STATUTES, 10. 
 
 PARTIAL PAYMENT. 
 
 Accord and satisfaction by, see ACCORD AND 
 
 SATISFACTION, 3. 
 Interruption of running of limitations by, 
 
 see LIMITATION OF ACTIONS, 65-67. 
 
 By indorser after dishonor, effect. 29 L.R.A. 
 313. 
 
 Effect of, to revive debt after discharge in 
 bankruptcy. 26 L.R.A. (N.f.) 274. 
 
 Effect on governor's liability of obligee's in- 
 sistence on part payment before ex- 
 piration of term of credit. 22 L.R.A. 
 (N.S.) 713. 
 
 Unauthorized compromise of action bv at- 
 torney as. 31 L.R.A. (N.S.) 128. 
 
 Partial payment of undisputed debt as a 
 consideration for discharge of entire 
 debt. 11 L.R.A. (N.S.) 1018; 21 L.R.A. 
 (N.-S.) 1005; L.R.A.1917A, 719. 
 
 Partial payment or agreement therefor as 
 consideration for agreement extending 
 time of payment of obligation. 52 
 L.R.A. (N.S.) 366. 
 
 Indorsement of, on note as material altera- 
 tion. 46 L.R.A.(N.S.) 1043, L.R.A. 
 1916F, 215. 
 
 Right of town, county, or municipality to 
 surrender valid claim on partial pav- 
 ment thereof. 19 L.R.A. (N.S.) 320. 
 
 PARTIAL PROBATE. 
 
 Contents of will as affecting right to. 
 L.R.A.(N.S.) 971. 
 
 34 
 
 with this boofc on every law question. 
 
 PARTICIPATION. 
 
 Of purchaser in fraudulent conveyance, see 
 FRAUDULENT CONVEYANCES. 13-15. 
 
 In nuisance, see NUISANCES, 32. 
 
 In profits as test of creation of partner- 
 ship, see PARTNERSHIP, 7.
 
 INDEX TO L.R.A. NOTES. 
 
 1025 
 
 PARTICIPATION- cont'd 
 
 Effect of participating in purchase and di- 
 vision of quantity of liquor to render 
 one guilty of unlawful sale. 22 L.R.A. 
 (N.S.) 560. 
 
 Assumption of debts on dissolution of part- 
 nership by participation in benefits. 9 
 L.R.A.(N.S.) 59. 
 
 Participation in nuisance to render one re- 
 sponsible therefor. 32 L.R.A. (N.S.) 
 889. 
 
 By indemnity insurer in defense of suit 
 against insured as estoppel to assert 
 that latter's liability was predicated 
 on ground not covered by policy. 34 
 L.R.A.(N.S.) 491. 
 
 PARTICULAR FUND. 
 
 Negotiability of note payable out of. 35 
 L.R.A. 647. 
 
 PARTIES. 
 
 7. In c/cncral, 1. 
 II. Plaintiff, 2-25. 
 
 a. In general, 2-1O. 
 
 b. On contracts, 11-17. 
 
 1. In general, 11. 
 
 2. Third persons, 12-17. 
 
 c. Effect of assignment, IS. 
 
 d. On matters of public right, 
 
 19, 20. 
 
 e. In representative capacity, 
 
 21, 22. 
 
 f. Action in interest or in name 
 
 of another; control of, 
 23, 24. 
 
 g. Joinder, 25. 
 
 III. Defendant, 26-36. 
 
 a. In general, 26. 
 
 b. Necessary pai'tics, 27-32. 
 
 c. Effect of failure to make one 
 
 a parly, 33-35. 
 
 d. Joinder, 36. 
 
 IV. Bringing in; intervention, 37- 
 
 39. 
 V. Substitution, 4O. 
 
 I. In general. 
 
 1. Generally. 
 
 On appeal, see APPEAL AND ERROR, 7, 7a, 
 12. 
 
 To criminal offense, see CRIMINAL LAW, 
 24-29. 
 
 To deed, see DEEDS, 15-19. 
 
 Description of, see DESCRIPTION, 2. 
 
 Dismissal of, see DISMISSAL AND .DISCON- 
 TINUANCE, 3. 
 
 As to political parties, see ELECTIONS. 
 
 Interpleader of, see INTERPLEADER. 
 
 Parties concluded by judgment, see JUDG- 
 MENT, 41-50. 
 
 In mandamus proceeding, see MANDAMUS, 
 18. 
 
 To action to enforce mechanics' lien, see 
 MECHANICS' LIENS, 24. 
 
 PARTIES, I. cont'd 
 
 Privilege of, from arrest or service of 
 
 process, see WRIT AND PROCESS, 33, 
 
 34. ' 
 
 Effect of changes in, on running of limita- 
 tions. .47 L.R.A. (N.S.) 932. 
 
 Right to open default judgment on ground 
 of fraud or mistake in respect to par- 
 ties. L.R.A.1916F, 851. 
 
 Injunction against judgment for erroneous 
 decision as to. 30 L.R.A. 706. 
 
 Continuance because of illness of. 42 L.R.A. 
 (N.S.) 660. 
 
 Sickness of party as ground for injunction 
 against judgment. 30 L.R.A. 794. 
 
 Conclusiveness of prior decisions on appeal 
 as to. 34 L.R.A. 332. 
 
 Right to resist judgment in sister state on 
 ground of fraud in respect to parties. 
 32 L.R.A. (N.S.) 920. 
 
 Witness's right to testify to character of, 
 from personal knowledge. 22 L.R.A. 
 (N.S.) 661. 
 
 Treating of jurors by, as ground for new 
 trial or reversal. 19 L.R.A. (N.S.) 733; 
 49 L.R.A. (N.S.) 889. 
 
 Effect of changes in, on running of limita- 
 tions. 3 L.R.A.(N.S-) 304. 
 
 May partnership sue or be sued in the firm 
 name. 29 L.R.A. (N.S.) 282. 
 
 //. Plaintiff. 
 a. In general. 
 
 2. Generally. 
 
 Who may take appeal, see APPEAL AND 
 ERROR, 7, 7a. 
 
 Action by assignee for creditors, see AS- 
 SIGNMENT FOR CREDITORS, 12. 
 
 Right of broker to maintain action, see 
 BROKERS, 3. 
 
 Who may maintain action against carrier 
 for loss or injury to freight, see CAR- 
 RIERS, 102. 
 
 Who may bring certiorari proceeding, see 
 CERTIOBARI, 4. 
 
 Who may sue to remove cloud on title, see 
 CLOUD ON TITLE, 5. 
 
 Action by stockholders, see CORPORATIONS, 
 98. 
 
 Who may enforce liability of stockholders, 
 see CORPORATION, 116, 116a. 
 
 Actions by foreign corporations, see COB- 
 POEATIONS, 149. 
 
 Right of nonresident to sue foreign cor- 
 poration, see CORPORATIONS, 151. 
 
 Who may maintain action for death, see 
 DEATH, 7-10. 
 
 In ejectment, see EJECTMENT, 4, 5. 
 
 Action by executor or administrator, see 
 EXECUTORS AND ADMINISTRATORS, V. 
 
 Who may maintain action for forcible en- 
 try and detainer, see FORCIBLE ENTRY 
 AND DETAINER, 3. 
 
 By husband or wife, see HUSBAND AND 
 WIFE, 62-69. 
 
 Who may maintain injunction suit, see IN- 
 JUNCTION. 
 
 Consult also L.R.A. Digests of Cases. 65
 
 1026 
 
 INDEX TO L.R.A. NOTES. 
 
 PARTIES, II. a cont'd 
 
 Proper party to maintain action affecting 
 rights of landlord or tenant, see LAND- 
 LORD AND TENANT, 74-76.. 
 
 Who may bring action for malicious prose- 
 cution, see MALICIOUS PROSECUTION, 
 2. 
 
 Who may maintain suit to abate nuisance, 
 see NUISANCES, 22. 
 
 Who may maintain action for nuisance, see 
 NUISANCES, 24, 25. 
 
 Who may maintain action for partition, see 
 PARTITION, 5. 
 
 Who may maintain private action, see PRI- 
 VATE ACTION. 
 
 Who may maintain quo warranto proceed- 
 ings, see Quo WARRANTO, 5. 
 
 Who may sue for seduction, see SEDUCTION, 
 3, 4. 
 
 Who may maintain trespass, see TRESPASS, 
 5. 
 
 Who may maintain trover, see TROVER AND 
 CONVERSION, 4. 
 
 Alien enemies as litigants. 5 B. R. C. 583; 
 L.R.A.1918B, 189; L.R.A. 1918E, 809. 
 
 Insane person. 2 L.R.A. (N.S.) 961. 
 
 Action to set aside judgment against other 
 parties. 54 L.R.A. 758. 
 
 Action to recover back usurious interest 
 paid to national bank. 56 L.R.A. 693. 
 
 Action under Federal employers' liability 
 act. L.R.A.1915C, 76. 
 
 Right of one not specifically named to main- 
 tain action for libel or slander based 
 on charges made against a class or 
 group of 'persons to which he belongs. 
 23 L.R.A.(N.S.) 726; 25 L.R.A. (N,S.) 
 382. , ; 
 
 Who may sue for improper use of union 
 label. 39 L.R.A. (N.S.) 1197. 
 
 Who may complain of noncompliance with 
 statute in adopting or changing text- 
 books in schools. 19 L.R.A. (N.S.) 1003. 
 
 Who may institute proceedings to disbar 
 or suspend attorney for withholding 
 client's money or property. 19 L.R.A. 
 (N.S.) 419. " 
 
 Who entitled to remedy by action for dam- 
 ages for wrongful discharge of servant. 
 - 6 L.R.A.(N.S.) 57. 
 
 Who may maintain action for mutilation 
 of corpse;. L.R.A.1915B, 519. 
 
 Who may maintain action for property de- 
 stroyed .bv mob. 44 L.R.A. (N.S.) 359. 
 
 Who may enforce liability of corporate di- 
 rectors under statutes purporting to 
 make them liable fov contracting debts 
 in excess of a fixed limit. L.R.A.1915D, 
 1046. 
 
 Necessity of making corporation a party 
 to a suit by a stockholder in its behalf. 
 
 51 L.R.A.('N.S.) 123. 
 
 Right of creditors of a corporation to sue 
 in their own right the directors there- 
 of, for negligence or other breach of 
 duty owed primarily to the corpora- 
 tion. 45 L.R.A. (N.S.) 421. 
 
 Right of bailee to recover for damage to. or 
 . conversion of, property. 3 B. R. C. 388. 
 
 In whose name actions by and against depu- 
 , .ties should be brought. 42 L.R.A. 
 (N.S.) 887. 
 
 Begin with this Ttoolt on every law' question. 
 
 PARTIES, II. a cont'd 
 
 Right of one not a party to original re- 
 plevin action to recover property seized 
 under process in that action. 5 L.R.A. 
 (N.S.) 495. 
 
 Right of conditional vendee of personal 
 property to maintain action for damage 
 to or conversion of property. L.R.A. 
 1917D, 217. 
 
 Right of stranger to writ of habeas corpus. 
 9 L.R.A.(N.S.) 1173. 
 
 Who is entitled to invoke certiorari to re- 
 view a decree or order affecting the 
 sale of intoxicating liquor. 19 L.R.A.. 
 (N.S.) 610. 
 
 3. Real party in interest. 
 
 Who is real party in interest within mean- 
 ing of statutes denning parties by 
 whom action must be brought. 64 
 L.R.A. 581. 
 Holder of unindorsed note. 17 L.R.A, 
 
 : .: (N.s.) 1113. 
 
 Agent as trustee of express trust within 
 exception in statute requiring suits to 
 be brought in the name of the real 
 party in interest. 41 L.R.A. (N.S.) 
 641. 
 
 Right of public officials to maintain action^ 
 to abate or enjoin bawdyhouse. L.R.A. 
 1918D, 821. 
 
 W T ho are persons interested entitled to con- 
 test will. L.R.A.1918A, 447. 
 
 May one who destroys insured property de- 
 feat an action by the owner upon the 
 ground that the right of action is in the 
 insurer. 23 L.R.A. (N.S.) 870; L.R.A. 
 1918F, 145. 
 
 4. Matters affecting real property or 
 highway. 
 
 Action to enforce liability for removal of 
 lateral or subjacent support. 68 L.R.A. 
 694. 
 
 Sufficiency of equitable title to sustain 
 action for injury to real property. 30 
 L.R.A.(N.S.) 231. 
 
 Lessee's right to maintain suit to enjoin 
 nuisance. 3 L.R.A. (N.S.) 448. 
 
 Right of one in possession to maintain ac- 
 tion for nuisance without proving title. 
 34 L.R.A. (N.S.) 560. 
 
 Who is real party in interest in action for 
 possession of land within meaning of 
 statute defining parties by whom 
 actions must be brought. 64 L.R.A. 
 620. 
 
 Right of widow, prior to assignment of 
 dower, to maintain trespass quit-re 
 clausum. 13 L.R.A. (N.S.) 209. 
 
 Who may sue township for injury bv defects 
 in highway, 13 L.R.A. (N.S.) 1241. 
 
 Interference with one's use of highway 'as 
 a special damage which will sustain an 
 action by him against the wrongdoer-. 
 28 L.R.A.(N.S.) 1053; L.R.A. 1 91 51), 
 142. 
 
 State as proper party to maintain bill to 
 abate or enjoin public nuisance in ; a 
 city street. 19. L.R.A.( N.S.) ]173. 
 
 Right of tenant for years to recover from 
 a municipality for change of grade ij) 
 street. 48 L.R.A.(X.S.) 899.
 
 INDEX TO L.R.A. NOTES. 
 
 1027 
 
 PARTIES, II. a cont'd 
 
 Who may maintain action in case of dam- 
 ages to remainder or reversion by 
 stranger. L.R.A.1916A, 792. 
 
 5. Matters as to waters or drainage; 
 assessments. 
 
 Who may sue for damming back water of 
 
 stream. 59 L.R.A. 898. 
 For injury by surface water. 65 L.R.A. 283. 
 Action against municipality for breach of 
 
 duty with respect to drainage. 61 
 
 L.R.-A. 711. 
 Who niay contest assessment for drains and 
 
 sewers. 60 L.R.A. 241. 
 
 6. Matters as to vyills. 
 
 Right of devisee or legatee to attack con- 
 veyance or transfer by testator. 30 
 L.R.A.(N.S.) 194. 
 
 Parties entitled to assert forfeiture of 
 interest in will under provision for 
 forfeiture of contesting beneficiary. 
 68 L.R.A. 455. 
 
 7. Matters as to insurance. 
 Proper party to bring action on policy, see 
 INSURANCE, 205, 217. 
 
 May one who destroys insured property de- 
 feat an action by the owner OK the 
 ground that the right of action is in 
 the insurer. 23 L.R.A. (N.S.) 870; 
 L.R.A.1918F, 145. 
 
 Should action against third person who 
 caused the loss be brought by insurer 
 or insured, where insurer has paid loss 
 and been subrogated to rights of in- 
 sured. 2 L.R.A. (N.S.) 922. 
 
 8. State. 
 See STATE, 8. 
 
 9. Officers. 
 
 Right of former sheriff to maintain action 
 in respect of a sale made bv him white 
 in office. 29 L.R.A. (N.S.) >92. 
 
 10. Agent. 
 
 Right to sue on contract, see infra, 17. 
 
 Right of agent who was in possession of 
 personal property to maintain an 
 action for conversion. 26 L.R.A. (N.S.) 
 840. 
 
 Which is real party in interest by whom 
 action must be brought. 64 L.R.A. 
 612. 
 
 Right of agent to whom goods are consigned 
 to maintain action against carrier. 26 
 L.R.A.(N.S.)437; 36 L.R.A.(N.S.) 72. 
 
 b. On contracts. 
 1, In general. 
 
 S 11. Generally. 
 
 Who may sue on bill or note, ee BILLS AND 
 NOTES, 62-64. 
 
 Who may maintain action on covenant, see 
 COVENANTS, 19, 23, 33. 
 
 Who may sue on insurance policy, see IN- 
 SURANCE, 205, 217. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PARTIES, II. b, 1 cont'd 
 
 Who may enforce mortgage, see MORTGAGE, 
 66-68. 
 
 Who may maintain action for delay or non- 
 delivery of telegram, see TELEGRAPHS, 
 17, 18. 
 
 Who may maintain action against carrier 
 for nondelivery of goods delivered for 
 transportation to purchaser or con- 
 signee. 22 L.R.A. 427. 
 
 Who entitled to relief where municipal cor- 
 poration grants or leases space on 
 street or sidewalk for business purpos- 
 es. 25 L.R.A. (N.S.) 404. 
 
 Holder on unindorsed note as real party in 
 interest within meaning of statute by 
 whom the action must be brought. 17 
 L.R.A. (N.S.) '1113. 
 
 In whose name' bond of public officer in- 
 tended as a statutory bond but not 
 binding as such, niav be enforced. 21 
 L.RlA.(N.S.) 771. 
 
 Who may- enforce restrictive covenant or 
 agreement as to us.e of property. 37 
 , L.R.A. (N.S.) 12; L.R.A.1917A, 328. 
 
 Right of party to antenuptial settlement 
 who is in default to enforce covenants 
 to be performed by other party. 26 
 L.R.A.(N.S.) 858. 
 
 Who may bring suit to enforce subscrip- 
 tion, for charity.' 48 L.R.A. (N.S.) 802. 
 
 Right of transferrer of reversion of leased 
 premises to maintain action on Ifease. 
 L.R.A.1915C, 228. 
 
 Q. Third persons. 
 
 12. Generally. 
 
 Assignee, see infra, 18. 
 
 Employee's right to sue on employer's in- 
 demnity policy, see INSURANCE, 217. 
 
 Mortgagee's right to enforce purchaser's 
 promise to pay mortgage, see MORT- 
 GAGE, 43. 
 
 RigH to sue for delay or nondelivery of 
 telegram, see TELEGRAPHS, 17, 18. 
 
 Right of a third party to sue upon a con- 
 tract made for his benefit. 25 
 L.R.A. 257; 2 L.R.A. (N.S.) 783. 
 
 Effect of provision in deed for benefit of 
 stranger thereto. 20 L.R.A. (N.S.) 221. 
 
 Right of creditor to enforce promise of one 
 allowed to secure property at judicial 
 sale on faith of his promise to pay 
 owner's debts. 15 L.R.A. (N.S.) 399. 
 
 Right of third person to maintain action 
 upon promise of beneficiary to insured 
 to pay all or part of proceeds of policy 
 to such third person. 22 L.R.A. (N.S.) 
 639. 
 
 May one, not a party to an agreement, in- 
 jured thereby in his business, assail 
 the validity thereof on the ground that 
 it tends to create or promote a monop- 
 oly. 26 L.R.A.(N.^S.) 148. 
 
 Who may. bring suit to enforce subscription 
 for charity! 48 L.R.A. (N.S.) 802. 
 
 Who can enforce contract made in consid- 
 eration of naming child. 51 L.R.A. 
 (N.S.) 1108.
 
 1028 
 
 INDEX TO L.R.A. NOTES. 
 
 PARTIES, II. b, 2 cont'd 
 
 Right of purchaser of chattel to avail him- 
 self of breach of warrant v made to the 
 seller. 51 L.R.A. (X.S.) 1111. 
 
 Right of transferee of reversion to sue on 
 lease. L.R.A.1915C, 210. 
 
 Right of true owner of land to maintain 
 action on contract between adverse 
 claimant and third person. L.R.A. 
 1916E, 720. 
 
 Right of holder of check to maintain ac- 
 tion thereon against bank. L.R.A. 
 1916C, 165. 
 
 Right of employer of salesman to recover 
 for loss of or injury to sample mer- 
 chandise carried by salesman as bag- 
 gage. L.R.A.1918C; 114. 
 
 13. Right of citizen to enforce con- 
 tract made for benefit of public. 
 
 Actions on contracts. 49 L.R.A. (N.S.) 
 1167. 
 
 Ponds taken by state or city officials. 49 
 L.R.A.*(N.S.) 1175. 
 
 Bonds not provided for by statute. 49 
 L.R.A. (X.S.) 1183. 
 
 Subcontractors. 49 L.R.A. (N.S.) 1185. 
 
 Bonds under Federal statutes. 49 L.R.A. 
 (N.S.) 1188. 
 
 Consumer's right to compel public service 
 corporation to respect rates stipulated 
 in contract with municipality. L.R.A. 
 1915D, 917. 
 
 Right of property owner to maintain action 
 against water company for failure to 
 supply sufficient water for fire pur- 
 poses, as required by its contract with 
 municipality. 6 L.R.A. (X.S.) 1171; 21 
 L.R.A.(N.S!) 1021. 
 
 Will breach of contract with municipality 
 to keep a street or highway in repair 
 sustain an action by a person injured 
 directlv against the contractor. 39 
 L.R.A."(X.S.) 1112. 
 
 14. Subcontractor, material man. or 
 laborer. 
 
 Right to sue on bond taken for benefit of 
 public. 49 L.R.A.(N.S.) 1175. 
 
 Right of subcontractor, materialman, or 
 laborer, to maintain action on con- 
 tractor's bond to owner. 27 L.R.A. 
 (N.S.) 573; L.R.A.1915A, 768. 
 
 15. Consignee, etc. 
 
 Right of consignee to maintain action 
 against carrier. 36 L.R.A. (X.S.) 68. 
 
 Right of consignee who refuses to accept 
 goods to maintain an action for dam- 
 ages against carrier. 30 L.R.A. (N.S.) 
 1071. 
 
 Right of one w.ho is to be notified of arrival 
 of goods consigned to another, to main- 
 tain action against carrier. 39 L.R.A. 
 (N.S.) 309. 
 
 Right of agent to whom goods are consigned 
 for sale to maintain action against 
 common carrier for damage to, or loss 
 of, goods during transit. 26 L.R.A. 
 (N.S.) 437. 
 
 Begin irith this ftoofc on every laic question. 
 
 PARTIES, II. b, 2 cont'd 
 8 16. Principal. 
 
 Character of contract as affecting right of 
 undisclosed principal to sue thereon. 
 29 L.R.A.(N.S.) 472; 39 L.R.A.(N.S.) 
 324. 
 
 j 17. Agent. 
 
 Agent's right of action on contract in his 
 own name for principal. 1 L.R.A. 
 (N.S.) 303. 
 
 Right of agent to recover money erroneous- 
 ly paid to third person. 4 L.R.A. 
 (N.S.) 363. 
 
 Right of agent, factor, broker, or commis- 
 sion merchant, to whom goods are con- 
 signed for sale, to maintain action 
 against a common carrier for damage 
 to, or loss of, goods during transit. 
 26 L.R.A.(N.S.) 437; 36 L.R.A. (N.S.) 
 72. 
 
 c. Effect of assignment. 
 
 18. Generally. 
 
 What law governs right of assignee of bill 
 or. note to maintain action. 61 L.R.A. 
 222. 
 
 Who is real party in interest by whom 
 action on partial assignments must be 
 brought. 64 L.R.A. 603. 
 
 Assignee of account for work and labor or 
 goods sold, as real party by whom 
 action must be brought. 04 L.R.A. 597. 
 
 Right of assignee of claim from one spouse 
 to maintain action against the other. 
 31 L.R.A. (N.S.) 1148. 
 
 Effect of assignment of claim ex delicto to 
 one against whom it was asserted, to 
 enable him to maintain an action there- 
 on against a third party. 7 L.R.A. 
 (N.S.) 534. 
 
 Right of indorser of lost bill, check, or 
 note to maintain action thereon. 24 
 L.R.A.(N.S.) 645. 
 
 Right of assignee to sue on covenant in 
 lease the purpose of which is to assure 
 lessee an exclusive right to conduct a 
 certain business on premises owned by 
 lessor. L.R.A.1915C, 860. 
 
 d. On matters of public right. 
 
 19. Generally. 
 
 Right of citizen to enforce contract made 
 for benefit of public, see supra, 13. 
 
 Right of attorney general to bring action, 
 see ATTORNEY GENERAL. 
 
 Right of citizen to maintain proceedings in 
 aid of enforcement of liquor laws. 14 
 L.R.A.(N.S.) 1156. 
 
 Who may enjoin operation of jitney buses. 
 L.R.A.1916B, 1160. 
 
 Right of public service corporation to chal- 
 lenge powers or privileges of rival. 
 L.R.A.1916B, 1087. 
 
 Who may maintain action in regard to ini- 
 tiative or referendum questions. 50 
 L.R.A.(N.S.; 214; L.R.A.1917B, 30.
 
 INDEX TO L.R.A. NOTES. 
 
 1029 
 
 PARTIES, II. d cont'd 
 20. Taxpayer. 
 
 As real party in interest by whom action 
 must be brought. 64 L.R.A. 619. 
 
 Right to maintain proceedings in aid of the 
 enforcement of the liquor laws. 14 
 L.R.A.(N.S.) 1156. 
 
 Right of taxpayer to enjoin waste or un- 
 lawful expenditure of state funds. 
 L.R.A.1915D, 178. 
 
 Right of taxpayer in absence of statute to 
 enjoin unlawful expenditures by mu- 
 nicipality. 36 L.R.A.(N.S.) 3. 
 
 Right of taxpayer to maintain suit to en- 
 force a claim of municipal corporation. 
 14 L.R.A.(N.S.) 298. 
 
 Right of taxpayer to enjoin removal of 
 teacher. 51 L.R.A. (N.S.) 336. 
 
 e. In representative capacity. 
 
 % 21. Generally. 
 
 Action by stockholders, see CORPORATIONS, 
 98. 
 
 Suit by personal representative, see EXECU- 
 TORS AND ADMINISTRATORS, 57. 
 
 Who is real party in interest in action for 
 
 use of another. 64 L.R.A. 623. 
 Right of next of kin to maintain action in 
 
 interest of estate. 22 L.R.A. (N.S.) 
 
 454. 
 Right of trustee in bankruptcy, or assignee 
 
 for creditors, to maintain partition. 
 
 20 L.R.A.(N.S.) 105. 
 Right of trustee to redress fraud practised 
 
 on the beneficiary of the trust. L.R.A 
 .1915E, 451. 
 Necessity of consistency in complaint as to 
 
 representative or individual capacity of 
 
 party. 1 L.R.A. (N.S.) 161. 
 
 22. One in behalf of many. 
 
 Effect of creditors' bill for all similarly 
 
 situated. 17 L.R.A. 348. 
 Plaintiff's control of suit brougat for all 
 
 similarly situated. 46 L.R.A. 839. 
 
 /. Action in interest or in name of an- 
 other; control of. 
 
 23. Generally. 
 
 Name in which suit carried on. 14 L.R.A. 
 
 693. 
 
 Action for divorce on behalf of insane per- 
 son. 34 L.R.A. 166. 
 In whose name action should be brought by 
 
 or against deputy. 19 L.R.A. 181. 
 Liability involved in the exercise of the 
 right to control or carry on litiga- 
 tion in the name of another party. 
 62 L.R.A. 617. 
 
 g 24. By guardian ad litein or next 
 friend. 
 
 Right of insane person to institute proceed- 
 ings by next friend. 64 L.R.A. 513. 
 
 Control of guardian ad litem or next friend 
 over action. 16 L.R.A. 507. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PARTIES, II. cont'd 
 
 g. Joinder. 
 
 25. Generally. 
 
 Joint action for specific performance of 
 agreement to permit maintenance of 
 license on land of another. 49 L.R.A. 
 513. 
 
 Right of creditor, who is also a stockholder 
 of an insolvent corporation, to join in 
 suit by other creditors. 41 L.R.A. 
 (N.S.) 987. 
 
 Scope of statute permitting trustee of ex- 
 press trust to sue without joining bene- 
 ficiaries, when rights as between bene- 
 ficaries, or between them and the 
 trustee, are involved. 6 L.R.A. (N.S.) 
 275. 
 
 Joinder of wife in action by husband to re- 
 cover for her services rendered outside 
 the home. L.R.A.1917E, 298. 
 
 Joinder of husband and wife in action for 
 boarding or lodging of, or services ren- 
 dered by wife to, a third person living 
 in the home. 46 L.R.A. (N.S.) 238. 
 
 Joinder of stockholder and creditor as com- 
 plainants in suit in equity to enforce 
 stockholder's liability on unpaid sub- 
 scriptions. 40 L.R.A.(N.S.) 453. 
 
 Joinder of stockholder in suit against of- 
 ficer or contractor based rpon trans- 
 action inter se. 46 L.R.A.(N.S.) 137. 
 
 Joinder of parties plaintiff in action to 
 recover damages for mental anguish in 
 telegraph case. 49 L.R.A. (N.S.) 275. 
 
 Joinder of beneficiaries or of personal rep- 
 resentative and beneficiary in statutory 
 action for death. L.R.A.1916E, 16(3, 
 170. 
 
 III. Defendant, 
 a. In general. 
 
 % 26. Generally. 
 
 Attachment or garnishment against foreign 
 corporation, see CORPORATIONS, 150. 
 
 Suits against decedent's estate, see EXECU- 
 TORS AND ADMINISTRATORS, 58. 
 
 Liability of state to suit, see STATE, 12. 
 
 Right under statute to an order for the 
 examination of an adverse party to en- 
 able plaintiff to determine who to make 
 parties defendant. L.R.A.1918C, 597. 
 
 Alien enemies as parties defendant. 5 B. R. 
 C. 591; L.R.A.1918B, 195; L.R.A.1918E, 
 811. 
 
 In action to enforce subscription for 
 charity. 48 L.R.A. (N.S.) 808. 
 
 Right of plaintiff to summon or charge him- 
 self as garnishee. 34 L.R.A.(N.S.) 510. 
 
 Who may be sued on Lloyd's policies. 55 
 L.R.A. 193. 
 
 In what capacity executor or administrator 
 to be sued for his personal tort. 51 
 L.R.A. 261. 
 
 Z. Necessary parties. 
 
 27. Generally. 
 
 On appeal, see APPEAL AND EKROR, 32.
 
 1030 
 
 INDEX TO L.R.A. NOTES. 
 
 PARTIES, III. b confd 
 
 In foreclosure suit, see MORTGAGE, 69-72. 
 
 In ac-tion involving initiative and referen- 
 dum. L.R.A. ifilTB, 32. 
 
 In suit to reinstate mortgage released or 
 discharged by mistake. L.R.A.1917E, 
 1059. 
 
 In action to enforce liability for removal of 
 lateral support. 68 L.'R.A. 694. 
 
 Contractor as a necessary party to a bill to 
 enforce a mechanics' lien. 33 L.R.A. 
 (N.S.) 69. 
 
 Suit to enforce liability of heirs for obliga- 
 tions of ancestor. * 21 L.R.A. 93. 
 
 To mandamus to restore to office one ille- 
 gally removed. 19 L.R.A. (N.S.) 82. 
 
 To action for specific performance of con- 
 tract for sale of corporate stock. 31 
 L.R.A. (N.S.) 502. 
 
 In action by owner of stock for unauthor- 
 ized transfer on books of corporation. 
 45 L.R.A. (N.S.) 1082. 
 
 In action under Federal employers' liability 
 act. 47 L.R.A. (N.S.) 74; L.R.A. 1915C, 
 77. 
 
 Judgment creditor as necessary party to 
 suit to enjoin execution sale. L.R.A. 
 1915F, 1120. 
 
 28. Corpora tions. 
 
 Necessity of making corporation a party 
 to suit by stockholders in its behalf. 
 51 L.R.A. '( N.S.) 123. 
 
 Necessity of joining corporation in suit for 
 
 specific performance of contract for 
 
 . sale of corporate stock. 50 L.R.A. 512. 
 
 29. Partners. 
 
 Necessity of making firm or copartners 
 parties in individual proceedings in 
 bankruptcy. 69 L.R.A. 780. 
 
 30. Heirs of partner. 
 
 Heirs as necessary parties to suit relating 
 to partnership real estate. 27 L.R.A. 
 349. 
 
 When heirs of deceased partner necessary 
 parties to suit relating to partnership 
 real estate. 27 L.R.A. 340. 
 
 31. Trusts. 
 
 Beneficiaries of trust; when necessary. 1 
 L.R.A. 230.* 
 
 32. In action against municipality. 
 
 Are holders necessary parties to proceedings 
 to invalidate warrants or other mon- 
 eyed obligations of county, state, or 
 municipal corporation. 3 L.R.A. (N.S.) 
 256. 
 
 Parties defendant in action against munici- 
 pality for breach of duty as to drainage. 
 61 L.R.A. 711. 
 
 c. Effect of failure to make one a party. 
 
 33. Generally. 
 
 In action for specific performance of con- 
 tract to give security. 6 L.R.A. (X.S.) 
 597. 
 
 Befjin with this h<>l. on every law question. 
 
 PARTIES, III. c cont'd 
 
 Necessity that bailor be a party to affect 
 him with the result of a suit by a 
 third person against the bailee. 33 
 L.R.A. (N.S.) 690. 
 
 Effect of partition sale upon dower rights 
 of one not a party. 16 L.R.A. 77(i. 
 
 Effect of judment in ejectment against 
 tenant upon a landlord not a party, or 
 vice versa. 26 L.R.A. (N.S.) 5,')5. " 
 
 34. In foreclosure suit. 
 
 Judgment against trustee in mortgage as 
 affecting beneficiary who was not a 
 party. 35 L.R.A. (N.S.) 396. 
 
 Effect of foreclosure of one of several simul- 
 taneous mortgages without making 
 other mortgagees parties to the suit. 
 39 L.R.A.(N.S.) 524. 
 
 Extent to which bondholders are represent- 
 ed by trustee in mortgage or deed of 
 trust securing bonds. 16 L.R.A. (N.S. j 
 1006. 
 
 35. On marketability of title. 
 
 Title of purchaser at judicial sale as affected 
 by irregularities as to parties. 21 
 L.R.A. 43. 
 
 Compelling purchaser at judicial sale to 
 complete purchase where there was a 
 defect of parties. 2] L.R.A. 47. 
 
 Effect on marketability of title of want of 
 necessarv parties in court proceedings. 
 38 L.R.A.(N.S.) 22. 
 
 d. Joinder. 
 
 36. Generally. 
 
 Joint liability generally, see JOINT CBEDI- 
 
 TORS AND DEBTORS. 
 Joint liability of master and servant for 
 
 injury by servant, see MASTER AND 
 
 SERVANT, 199. 
 
 Joinder of parties with alternative allega- 
 tions as to liability. 51 L.R.A. (N.S.) 
 640. 
 
 Joinder of original converter of property 
 with subsequent purchaser in an action 
 for conversion. L.R.A.1918F, 305. 
 
 Joinder of stockholders as defendants in 
 suit in equity to enforce liability on 
 unpaid subscriptions to stock. 46 
 L.R.A. (N.S.) 453. 
 
 Joinder of corporation and subsequent pur- 
 chaser in action by owner of stock for 
 unauthorized transfer thereof on books 
 of corporation. 45 L.R.A.(N.S.) 1082. 
 
 Joining successive owners of iroperty in 
 action for nuisance maintained there- 
 on. 46 L.R.A. (N.S.) H87. 
 
 Joinder of parties in action for wife's libel 
 and slander. 30 L.R.A. 527. 
 
 Joinder of parties in action against officer 
 . for making arrest. 51 L.R.A. 222. 
 
 Joinder and misjoinder in suit on Lloyd's 
 policies of insurance. 55 L.R.A. 198. 
 
 Joinder of parties in suit to restrain pollu- 
 tion of water course. 6 L.R.A. (N.S.) 
 1149. 
 
 Right to join agent and undisclosed prin- 
 cipal as defendants in the same action. 
 26 L.R.A. (N.S.) 742.
 
 INDEX TO L.R.A. NOTES. 
 
 10.31 
 
 PARTIES, III. d cont'd 
 
 Joinder of municipality and person respon- 
 sible for dangerous condition in action 
 for injuries on street or highway. 37 
 L.R.A.(N.S.) 569. 
 
 Of persons whose independent wrongs of 
 the same kind contribute to enhance 
 the degree or extent of injury sustained 
 by plaintiff. 10 L.R.A. (N.S.) 167. 
 
 IV. Britiffinff in; intervention. 
 
 37. Bringing in. 
 
 Use of cross bill or cross complaint to bring 
 in new parties. 26 L.R.A. (N.S.) 127. 
 
 38. Intervention. 
 
 Right! of one creditor to intervene in an- 
 other creditor's action after the period 
 for beginning such action has expired. 
 L.R.A.1917D; 885. 
 
 Right of creditor of individual partner or 
 of his estate to intervene in proceedings 
 for the settlement of the affairs of the 
 partnership. L.R.A.1917B, 1047. 
 
 Rigiit of bankrupt or creditors of bankrupt 
 to intervene in an action to which the 
 trustee is a party. L.R.A.1916C, 639. 
 
 Right of third persons who claim property 
 to intervene in attachment action. 23 
 L.R.A. (N.S.) 536. 
 
 To question validity of attachment. 35 
 L.R.A. 772. 
 
 Bv pretermitted heirs in administration. 
 37 L.R.A. (N.S.) 1147. 
 
 39. by surety. 
 
 Right of surety to intervene in action 
 against principal, or principal in 
 action against surety. 68 L.R.A. 
 736. 
 
 V. Substitution. 
 
 f 40. Generally. 
 
 Revival of suit, see ABATEMENT AND REVIV- 
 AL, 8. 
 
 On appeal or error to, or from Federal Su- 
 preme Court. 66 L.R.A. 856. 
 
 PARTITION. 
 
 $ 1. Generally. 
 
 Validity of statutory provision for attor- 
 ney's fee in partition cases. L.R.A. 
 I015E, 949. 
 
 Right of one in possession claiming under 
 void foreclosure as against partition 
 action. 40 L.R.A. (N.S.) 845. 
 
 Effect of possession in absence of writing as 
 to partition. 3 L.R.A. (N.S.) 806. 
 
 Collateral attack on judgment of nonsuit in, 
 for fraud not affecting jurisdiction. 36 
 L.R.A.(N.S.) 986. 
 
 Injunction against judgment in, for de- 
 fenses existing prior to rendition. 31 
 L.R.A. 773. 
 
 ^Consult alto L.R.A. Digests of Cases. 
 
 PARTITION cont'd 
 
 Right to accept favorable part of decree and 
 
 appeal from the rest. 29 L.R.A. (N.S.) 
 
 10. 
 Removal of action for, because of separable 
 
 controversy. 5 L.R.A. (N.S.) 77. 
 Validity of oral agreement as to partition 
 
 of "fences. 27 L.R.A..(N.S.) 227. 
 
 2. Jurisdiction of. 
 
 Validity and effect of a judgment in parti- 
 tion against parties designated as un- 
 known. L.R.A.1918F, 609. 
 
 3. what property. 
 
 Jurisdiction of suit for partition of real 
 property in another state or country. 69 
 L.R.A. 692; 23 L.R.A. (N.S.) 924; 27 
 L.R.A.(N.S.) 420. 
 
 Jurisdiction of equity to partition personal 
 property. 27 L.R.A. (N.S.) 618. 
 
 4. Right to. 
 
 Validity of agreement against right to. 16 
 
 L.R.A. 220. 
 Right of, as against persons not in being. 
 
 8 L.R.A.(N.S.) 67. 
 
 5. who may have. 
 
 Sufficiency of possessory title to support 
 
 action for. 46 L.R.A. (N.S.) 505. 
 Right of one out of possession to partition. 
 
 20 L.R.A. 624. 
 Between tenants by entireties. 30 L.R.A. 
 
 335. 
 Between life tenant and remainderman. 
 
 L.R.A.1918D, 454. 
 Right to partition among remaindermen 
 
 pending life estate. 28 L.R.A. (N.S.) 
 
 125. 
 Right of trustee in bankruptcy, or assignee 
 
 for creditors, to maintain partition. 
 
 20 L.R.A. (N.S.) 105. 
 Remedy of pretermitted heirs by proceeding 
 
 for. 37 L.R.A. (N.S.) 1147. 
 
 6. Of what property. 
 
 Jurisdiction over, see supra, 3. 
 Of personal property, see PERSONAL PROP- 
 ERTT, 7. 
 
 Right to partition mineral or oil or gas 
 
 lands. L.R.A. 1916D, 1154. 
 Of community property. 56 L.R.A. 79. 
 Of estate by "entireties. 30 L.R.A. 335; 42 
 
 L.R.A. (N.S.) 98. 
 
 Of partnership real estate. 28 L.R.A. 103. 
 Of water rights. 26 L.R.A. 284. 
 Of railroad 'right of way. 39 L.R.A. (N.S.) 
 
 538. 
 
 7. homestead. 
 
 In general. 56 L.R.A. 77; 4 L.R.A. (N.S.) 
 786; 27 L.R.A.(N.S.) 550. 
 
 Separation and divorce. 4 L.R.A. (N.S.) 
 786. 
 
 Homestead right in widow and minor chil- 
 dren. 4 L.R.A.(N.S.) 787. 
 
 Homestead right in widower or widow. 4 
 L.R.A. (N.S.) 790. 
 
 Homestead right of minor children. 4 
 L.R.A.(N.S.) 792.
 
 3032 
 
 INDEX TO L.R.A. NOTES. 
 
 PARTITION-^ont'd 
 Parol partition. 4 L.R.A. (N.S.) 792. 
 Abandonment or failure to assert claim by 
 widow. 4 L.R.A.(N.S.) 793. 
 
 8. Effect of. 
 
 Effect of deed, see infra, 30. 
 Effect of partition sale on dower right, see 
 DOWEB, 14. 
 
 Parol partition to give legal title or color 
 of title. ]6 L.R.A. 326. 
 
 Effect of partition on descent of ancestral 
 estates. L.R.A.1916C, 912. 
 
 Effect of partition of premises leased for 
 mining purposes on the right to the 
 royalty. L.R.A.1918B, 1080. 
 
 Effect of partition to create easement as be- 
 tween separate parcels. 26 L.R.A. 
 (N.S.) 342; L.R.A.1915C, 348. 
 
 Effect of partition between heirs of property 
 acquired by inheritance, upon its 
 course of descent. 39 L.R.A. (N.S.) 957. 
 
 Effect of judgment in partition upon rights 
 of defendants, as between themselves, 
 which were not brought to the atten- 
 tion of the court. 14 L.R.A. (N.S.) 333. 
 
 Devestiture of estates of persons not in 
 being by. 42 L.R.A. (N.S.) 443. 
 
 9. Deeds. 
 
 Implied grant of easement in partition deed. 
 
 3 L.R.A. (N.S.) 1082. 
 Estate held under partition deed as one 
 
 by entireties. 25 L.R.A. (N.S.) 167. 
 
 10. effect of. 
 
 Effect of deed in partition as distinguished 
 
 from ordinary deeds. 57 L.R.A. 332. 
 Deed to person other than cotenant. 57 
 
 L.R.A. 332. 
 
 Warranty. 57 L.R.A. 333. 
 Estoppel to set up after-acquired title. 57 
 
 L.R.A. 337. 
 Estates acquired by partition deed between 
 
 parties holding different estates. 57 
 
 L.R.A. 337. 
 \Yords of inheritance as necessary to vest 
 
 fee. 57 L.R.A. 338. 
 Rights of subsequent purchasers. 57 L.R.A. 
 
 338. 
 Changing title from descent to purchase. 
 
 57 L.R.A. 339. 
 Effect as revoking previous will. 57 L.R.A. 
 
 339. 
 Failure of wife to join in deed. 57 L.R.A. 
 
 340. 
 Deed by person under disability. 57 L.R.A. 
 
 340. 
 
 Execution of deed. 57 L.R.A. 340. 
 Effect on judgment and mortgage liens. 57 
 
 L.R.A. 340. 
 Parol evidence to show nature of deed. 57 
 
 L.R.A. 341. 
 
 11. Rights of purchaser. 
 
 Applicability of rule of caveat em p Lor to 
 sales for partition. 33 L.R.A. 
 (N.S.) 409. 
 
 Begin with this book on every law question. 
 
 PARTNERSHIP. 
 
 I. In general, 1, 2. 
 II. Creation; nature; requisites? 
 
 what constitutes, 3-7. 
 a. In general, 3-5. 
 "b. Creation; ivhat constitutes, 
 
 6, 7. 
 ///. Rights and powers of partners as 
 
 to third persons, S, 9. 
 IV. Liability of partnci** to third per- 
 sons; rights of creditors, 
 10-17. 
 
 a. In general, 1O-14. 
 
 b. Insolvency or bankruptcy, 
 
 15-17. 
 V. Partnership real estate, S 18- 
 
 24. 
 VI. Rights and liabilities as between 
 
 partners, 25-28. 
 
 VII. Dissolution or change in person- 
 nel; accounting, 29-51. 
 
 a. In general, 29-39. 
 
 b. BIJ death, 4O-49. 
 
 1. In general, 4O. 
 
 2. Surviving partner, 
 
 41-45. 
 
 3. Estate of deceased part- 
 
 ner, 46-49. 
 r Accounting, 5O, 51. 
 VIII. Actions; judgments, 52-57. 
 
 a. In general, 52-56. 
 
 b. Suits between partners, 57. 
 IX. Limited partnership, 58. 
 
 I. In general. 
 
 1. Generally. 
 
 Estoppel of partner, see ESTOPPEL. 37. 
 Effect of fraud in partnership matters, see 
 
 FRAUD AND DECEIT, 25. 
 Good will of, see GOOD WILL. 
 Injunction as to partnership matters, see 
 
 INJUNCTION, 38. 
 Partnership name, see NAME, 10. 
 Sickness of copartner, see SICKNESS, 7. 
 
 Effect of war on partnership agreements,, 
 and the rights of the parties thereto. 
 7 B. R. C. 618. 
 
 Applicability of Bulk Sales Law to transfer 
 to partnership organized to take over 
 the business. L.R.A.1918C, 932. 
 
 Specific performance of contract for inter- 
 est in partnership. L.R.A.1918E, 62*. 
 
 Parol evidence to vary a partnership con- 
 tract in favor of or against a stranger 
 to the contract. L.R.A.1916A, 599, 610. 
 
 Tax on partnership propertv. 22 L.R.A. 
 477. 
 
 Situs of partnership property and inter- 
 ests therein for purposes of taxation. 
 3 B. R. C. 793. 
 
 Federal courts following state decisions on* 
 questions relating to. 41) L.R.I. (N.S.) 
 433. 
 
 Power of married woman to become member 
 of partnership. L.R.A.1916D, 1233. 
 
 Partnership between initial carrier and con- 
 necting carrier which will make con- 
 tract of the former binding on the lat- 
 ter. 52 L.R.A. (N.S.-) 861.
 
 INDEX TO L.R.A. NOTES. 
 
 PARTNERSHIP, I cont'd 
 
 Right of one ordered to produce books or 
 papers to refuse on ground that they 
 are in the hands of a partnership of 
 which lie is a member only. L.R.A. 
 1915B, 981. 
 
 Notice to one member of firm entitled to 
 notice to redeem from tax sale. 44 
 L.R.A.(N.S.) 680. 
 
 2. Between husband and wife. 
 
 See HUSBAND AND WIFE, 54. 
 
 //. Creation; nature; requisites; ivJiat 
 constitutes. 
 
 a. In general. 
 
 3. Generally. 
 
 Proof against one of declarations of another 
 to show partnership, see EVIDENCE, 
 236. 
 
 Formation of, and transfer of property to, 
 partnership as ground of attachment. 
 30 L.R.A. 487. 
 
 Partnership undertakings between initial 
 and connecting carrier. 31 L.R.A. (N.S.) 
 44. 
 
 Effect on client's liability of formation of 
 partnership by attorney after employ- 
 ment by client. 23 L.R.A. (N.S.) 707. 
 
 Declarations of another to show. 20 L.R.A. 
 ,595. 
 
 Admissibility of partnership books of ac- 
 count to disprove partnership. 52 
 L.R.A. 834. 
 
 tJ 4. To deal in real estate. 
 
 Contracts by parol, for dealing in land, see 
 CONTRACTS, 41. 
 
 What constitutes a partnership to deal in 
 real estate. 5 L.R.A. (N.S.) 503. 
 
 Power over real estate of partners in firm 
 formed to deal in real estate. 28 L.R.A. 
 10G. 
 
 When real estate will be considered prop- 
 erty of firm formed to deal in land. 
 27 L.R.A. 481; 37 L.R.A. (N.S.) 903. 
 
 Creation of partnership by speculative pur- 
 chase of real estate for sale. 18 L.R.A. 
 (N.S.) 1089. 
 
 Creation of partnership by provision for 
 taking profits as compensation for use 
 of real estate. 18 L.R.A. (N.S.) 1042. 
 
 5. Liability of corporate stockholders 
 as partners. 
 
 iSee CORPORATIONS, 107. 
 
 &. Creation; what constitutes. 
 
 6. Generally. 
 
 To deal in real estate, see supra, 4. 
 
 Reputation as proof of partnership. L.R.A. 
 1918D, 505. 
 
 Contribution of property or services by 
 two or more persons to a common en- 
 terprise under an agreement to divide 
 the product or result in kind. L.R.A. 
 19]RE, 912. 
 
 Consult alxo T'.R.A. Differs of Cases. 
 
 PARTNERSHIP cont'd 
 7. Sharing in profits. 
 
 Effect of agreement to share profits to 
 create. 18 L.R.A. (N.S.) 963. 
 
 Sharing profits in addition to salary or 
 other compensation. L.R.A.1918F, 801. 
 
 III. Rights and powers of partners as 
 
 to third persons. 
 
 8. Generally. 
 
 After dissolution, see infra, 31-34, 42. 
 Power to make lease, see LANDLORD AND 
 
 TENANT, 10. 
 Power to give mortgage, see MORTGAGE, 11. 
 
 Implied authority of partner to borrow 
 money. 6 B. R. C. 819. 
 
 Power of one partner to assign partnership 
 real estate for benefit of creditors. 28 
 L.R.A. 97.. 
 
 Effect on right of individual partners of sale 
 by firm of good will of business with 
 or without an agreement not to re- 
 engage in the same business. 19 L.R.A. 
 (N.S.) 769. 
 
 Extent of restriction on right of unlicensed 
 person who is partner of licensed at- 
 torney to transact business for another. 
 24 L.R.A. (N.S.) 750. 
 
 Speculation in commodities as within the 
 ostensible or implied authority of a 
 member of a partnership operating a 
 warehouse. 27 L.R.A. (N.S.) 1015. 
 
 9. As to commercial paper. 
 
 Liability on commercial paper, see infra, 
 
 12. 
 
 After dissolution, see infra, 32. 
 Of surviving partner, see infra, 45. 
 
 Power of one partner to bind firm by a 
 promissory note or bill of exchange un- 
 der seal. 17 L.R.A. (N.S.) 969. 
 
 Power of one partner to give note affecting 
 partnership real estate. 28 L.R.A. 97. 
 
 Circumstances sufficient to put a purchaser 
 of partnership paper on inquiry. 29 
 L.R.A.(N.S.) 356; 44 L.R.A.(N.S.) 404; 
 L.R.A.1918F, 1153. 
 
 IV. Liability of partners to third per- 
 
 sons; rights of creditors. 
 
 a. In general. 
 
 10. Generally. 
 
 Rights of creditors in partnership real es- 
 tate, see infra, 24. 
 
 After dissolution, see infra, 36. 
 
 Actions against firm or partners, see infra, 
 52-56. 
 
 Liability as partners of stockholders in il- 
 legal corporation, see CORPORATIONS, 
 107. 
 
 Criminal responsibility for acts of partner, 
 see CRIMINAL LAW, 29 ; INTOXICATING 
 LIQUORS, 23. 
 
 Levy on partnership property for debt of 
 partner, see LEVY AND SEIZURE, 5. 
 
 Ratification by partner, see RATIFICATION, 
 5. 
 
 Liability for trespass, see TRESPASS, 9.
 
 1034 
 
 INDEX TO L.R.A. NOTES. 
 
 PARTNERSHIP, IV. a cont'd 
 
 Right of individual partner who purchases 
 the partnership property and assumes 
 the partnership debts to claim exemp- 
 tion as to the property purchased. 
 L.R.A.1918D, 885. 
 
 Individual member of partnership as an 
 "employer" within meaning of Work- 
 men's Compensation Acts. L.R.A. 
 1918F, 180. 
 
 Partnership liability of stockholders of a 
 foreign corporation in a state in which 
 it is doing business. L.R.A.1917B, 574. 
 
 Right of creditor of individual partner or 
 of his estate to appear in proceedings 
 for the settlement of affairs of part- 
 nership. L.R.A.1917B, 1047. 
 
 Injunction against execution sale of prop- 
 erty of. 30 L.R.A. 105. 
 
 Injunction against judgments by confession 
 against partners. 30 L.R.A. 240. 
 
 Liability of physician or surgeon for acts 
 of partner. 42 L.R.A. (N.S.) 786. 
 
 Effect of judgment against some of partners 
 to release liability of others. 43 L.R.A. 
 161. 
 
 Criminal and penal liability for act of part- 
 ner. 41 L.R.A. 650. 
 
 Partnership debt as assets on appointment 
 of member of firm as executor or ad- 
 ministrator. 26 L.R.A. (N.S.) 414. 
 
 Admissibility of books of account contain- 
 ing entries to charge copartnership. 52 
 L.R.A. 693. 
 
 Liability of one party to an arrangement to 
 share profits from gambling for money 
 lost by a third person to the other pa,r- 
 ty. 23 L.R.A. (N.S.) 522. 
 
 11. Attachment against firm or part- 
 ner. 
 
 Attachment of individual property of one 
 partner for, fraud of another. 25 L.R.A. 
 G45. 
 
 Formation of, and transfer of property to, 
 partnership as ground of attachment. 
 30 L.R.A. 487. 
 
 Transfers and withdrawals by partners as 
 ground of attachment. 30 L.R.A. 486. 
 
 Right of partnership creditors to question 
 validity of attachment. 35 L.R.A. 769. 
 
 Right to attach property in hands of as- 
 signee for creditors of partnership. 26 
 L.R.A. 600. 
 
 12. Liability on commercial paper. 
 
 Authority of partner to execute commercial 
 
 paper, see supra, 9. 
 After dissolution, see infra, 32, 39, 45. 
 
 Demand on firm for payment of note. 36 
 L.R.A. 704. 
 
 Availability to maker of defense that com- 
 mercial paper was partnership paper as 
 against transferee after maturity. 46 
 L.R.A. 771. 
 
 Right of one indorsing note for accommoda- 
 tion of firm to recover from firm after 
 payment of note. 37 L.R.A. (N.S.) 784. 
 
 Right of one accepting negotiable paper 
 for accommodation of firm to recove? 
 from firm after payment of paper. 37 
 L.R.A. (N.S.) 785. 
 
 PARTNERSHIP, IV. a cont'd 
 
 Commercial paper as payment of partner- 
 ship indebtedness. 35 L.R.A. (N.S.) 54. 
 
 Note or other commercial paper of individu- 
 al partner as payment of firm debt 
 which he had not previously assumed. 
 15 L.R.A.(N.S.) 1019; 51 L.R.A. (N.S. ; 
 358. 
 
 Does the fact that a name signed to a bill 
 or note below the signature of another 
 obligor is that of a partnership raise a 
 presumption that it is a surety only. ]0 
 L.R.A. (N.S.) 426. 
 
 Individual partner who indorses note made 
 by firm as "a person not otherwise a 
 party" to the instrument within uni- 
 form negotiable instrument law. 52 
 L.R.A.(N.S.) 225. 
 
 13. Assumption by partnership of in- 
 dividual debts of partners. 
 
 Assumption of firm debts on dissolution, see 
 infra, 37. 
 
 The general rule. 29 L.R.A. 681. 
 The question of insolvency. 29 L.R.A. 685. 
 The question of fraud. 29 L.R.A. 687. 
 Assumption held sufficient. 29 L.R.A. 688. 
 Insufficient assumption. 29 L.R.A. 691. 
 By mortgage of firm property. 29 L.R.A. 
 
 692. 
 By new firm of debts of old firm. 29 L.R.A. 
 
 694. 
 Assumption of debt originally incurred for 
 
 firm benefit. 29 L.R.A. 694. 
 Right of action by third person on agree 
 
 ment to assume partnership debts. 2 
 
 LJR.A. 274. 
 
 14. Liability of partnership for 
 torts. 
 
 In general. 51 L.R.A. 463. 
 
 Torts of partnership as an entity. 51 L.R.A. 
 465. 
 
 Torts of individual member. 51 L.R.A. 469. 
 
 Engaging in unlawful business. 51 L.R.A. 
 495. 
 
 Liability, joint and several. 51 L.R.A. 495. 
 
 False representations by partner as to cost, 
 selling or market price of propertv. 35 
 L.R.A.(N.S.) 185. 
 
 Criminal responsibility for sale of intoxi- 
 cating liquor bv partner. 16 L.R.A. 
 (N.S.) 786; 20* L.R.A. (N.S.) 321; 33 
 L.R.A. (N.S.) 419. 
 
 Liability of partner to action for false im- 
 prisonment for act of copartner. 3- 
 L.R.A. (N.S.) 221. 
 
 Liability of partner for malicious prosecu- 
 tion, false arrest, or false imprison- 
 ment by copartner in collecting a debt. 
 51 L.R.A. (N.S.) 473. 
 
 Liability of partnership for tort committed 
 by partner or agent with the object of 
 procuring business, i! 1?. R. C. 88. 
 
 Suspension or disbarment of attorney for 
 partner's misconduct in withholding 
 client's money or property. ]9 L.R.A. 
 (N.S.) 418. 
 
 Liability of partner for libel published with- 
 , out his consent. 26 L.R.A. 779. 
 
 Begin iritli this boofc on every law question.
 
 INDEX TO L.R.A NOTES. 
 
 1035 
 
 PARTNERSHIP, IV. cont'd 
 
 &. Insolvency or bankruptcy. 
 
 15. Generally. 
 
 Assignment for creditors by firm or part- 
 ner, see ASSIGNMENT FOR CREDITORS, 
 2. , 
 
 Partnership . bankruptcy generally, see 
 BANKRUPTCY, 5. 
 
 Effect of bankruptcy proceedings, see BANK- 
 RUPTCY, 11. 
 
 Discharge of partnership liability in indi- 
 vidual proceedings in bankruptcy, see 
 BANKRUPTCY, 33. 
 
 Right of simple contract creditor of part- 
 nership to the appointment of a re- 
 ceiver of the property of his debtor. 
 L.R.A.1918C, 632. 
 
 Criminal liability of partnership for re- 
 ceiving deposit in insolvent bank. 31 
 L.R.A. 125. 
 
 Assumption of debts on dissolution of part- 
 nership as affecting rights to priority 
 of payment. 9 L.R.A. (X.S.) 101. 
 
 Set-off in bankruptcy cases. 55 L.R.A. 41, 
 69. 
 
 Claim in bankruptcy as remedy for breach 
 of agreement to assume debts on disso- 
 lution. 9 L.R.A. (N.S.) 114. 
 
 Right of bankrupt to discharge as affected 
 by act of partner or agent. 20 L.R.A. 
 (N.'S.) 785; 30 L.R.A. (X.S.) 623. 
 
 Discharge of partnership in bankruptcy as 
 affecting liability of individual partners 
 for partnership debts. L.R.A. 191 5F, 
 669. 
 
 16. Of both partnership and its 
 members. 
 
 Double proof of claim against bankrupt es- 
 tate of firm and individual partner. 39 
 L.R.A.(N.S.) 391. 
 
 Discharge of partnership liability in indi- 
 vidual bankruptcy proceedings. 69 
 L.R.A. 771; L.R.A.1918E, 470. 
 
 Provability of partnership debts in indi- 
 vidual proceedings. 69 L.R.A. 772. 
 
 Effect of adjudication of bankruptcy of 
 partnership to subject the separate es- 
 tates of the partners to administra- 
 tion in bankruptcy. 5 L.R.A. (N.S.) 
 654. 
 
 Adjudication of bankruptcy of member of 
 firm as affecting rights of firm credit- 
 ors against firm property. 30 L.R.A. 
 (N.S.) 787. 
 
 Must individual partners, as well as firm, 
 be insolvent in order to render the firm 
 bankrupt or to avoid payment of a firm 
 debt as a preference. 21 L.R.A. (N.S.) 
 960. 
 
 17. Relative rights as between Indi- 
 vidual and firm creditors. 
 
 Assumption by insolvent partnership of in- 
 dividual debts of partners. 29 L.R.A. 
 685. 
 
 Application of partner's deposit on firm 
 debt. 23 L.R.A. 111. 
 
 Use of firm property to discharge obliga- 
 tions of one partner. 29 L.R.A. 685; 
 1 L.R.A. (N.S.) 650. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PARTNERSHIP, IV. b cont'd 
 
 Levy on partnership property for debt of 
 partner. 46 L.R.A. 481. 
 
 Priority of executions for firm debts over 
 executions for debt of partner. 46 
 L.R.A. 501. 
 
 Priority of firm creditors as against levy 
 for an individual debt. 46 L.R.A. 494. 
 
 Position of individual creditors of partner- 
 ship real estate. 28 L.R.A. 167. 
 
 Preference of firm over individual creditors 
 in partnership real estate. 28 L.R.A. 
 ! 165. 
 
 Right of claim based on tort of a partner- 
 ship to share with creditors of indi- 
 vidual partners. 41 L.R.A. (N.S.) 1223. 
 
 Right of partnership, as against firm cred- 
 itors, to sell or mortgage firm property 
 to discharge or secure individual debt 
 of one partner. 2 L.R.A. (N.S.) 256. 
 
 Right of creditors of ostensible partnership 
 to a preference over individual credit- 
 ors, where business is carried on by 
 individual in a firm name. 31 L.R.A. 
 (N.S.) 406. 
 
 Application of partnership assets with the 
 consent of all the partners to the pay- 
 ment of an individual debt of a partner 
 as a voidable preference under the bank- 
 ruptcy act. 17 L.R.A. (N.S.) 1040. 
 
 Preference of firm creditor by a partner out 
 of his own property as an act of bank- 
 ruptcy by the firm. 16 L.R.A. (N.S.) 
 656. 
 
 V. Partnership real estate. 
 
 18. Generally. 
 
 Partnership to deal in real estate, see su- 
 pra, 4. 
 
 Oral contract for dealing in land, see CON- 
 TRACTS, 41. 
 
 Powers of personal representative of de- 
 ceased partner as to, see EXECUTORS 
 AND ADMINISTRATORS, 14a. 
 
 Improvements on, see IMPROVEMENTS, 6. 
 
 Power of one partner to assign for benefit of 
 creditors. 28 L.R,A. 97. 
 
 Admissibility of parol evidence to identify 
 grantees in deed to firm name. 1 
 L.R.A. (N.S.) 157. 
 
 Insurance in name of partnership of prop- 
 erty, the legal title of which is in the 
 name of individuals. 40 L.R.A. (N.S.) 
 152. 
 
 Notice of title from use of land for partner- 
 ship purposes. 13 L.R.A. (N.S.) 126. 
 
 May jurisdiction of suit to determine in- 
 terests of partners in real property 
 within state, rest upon constructive 
 service upon nonresident. 52 L.R.A. 
 (N.S.) 1061. 
 
 Notice to one member of firm entitled to 
 notice to redeem from tax sale. 44 
 L.R.A. (N.S.) 680. 
 
 19. When real estate considered as 
 partnership property. 
 
 General doctrine. 27 L.R.A. 449; 37 L.R.A. 
 
 (N.S.) 889. 
 The question of intention. 27 L.R.A. 455; 
 
 37 L.R.A.(N.S.) 891.
 
 103G 
 
 INDEX TO L.R.A. NOTES'. 
 
 PARTNERSHIP, V. cont'd 
 
 The question of the legal title. 27 L.R.A. 
 
 460; 37 L.R.A. (N.S.) 892. 
 Parol evidence. 27 L.R.A. 464; 37 L.R.A. 
 
 (N.S.i 898. 
 Trusts. 27 L.R.A. 468; 37 L.R.A. (N.S) 
 
 899. 
 Equitable conversion. 27 L.R.A. 473; 37 
 
 L. It. A. (N.S. I 900. 
 
 Out and out conversion. 27 L.R.A. 475. 
 llt'co;iversion. 27 L.R.A. 476. 
 Statute of frauds. 27 L.R.A. 477; 37 L.R.A. 
 
 (N.S.i 902. 
 Form of conveyance. 27 L.R.A. 479; 37 
 
 L.K.A.(N.S.) 902. 
 When not considered personally. 27 L.R.A. 
 
 480. 
 The question of notice. 27 L.R.A. 480; 37 
 
 L.R.A. (N.S. I 903. 
 Partnership formed for the purchase and 
 
 sale of real estate. 27 L.R.A. 481; 37 
 
 L.R.A. (N.S. i 903. 
 Real estate acquired in payment of debts. 
 
 27 L.R.A. 482; 37 L.R.A. (N.S.) 903. 
 Real estate held under lease. 27 L.R.A. 483. 
 The effect of improvements. 27 L.R.A. 484 ; 
 
 37 L.R.A. (N.S.) 904. 
 Land owned by partner prior to partnership. 
 
 27 L.R.A. 485. 
 
 Position of incoming partner. 27 L.R.A. 
 480; 37 L.R.A. (X.S.I 904. 
 
 Particular facts held sufficient to constitute 
 real estate partnership property. 27 
 L.R.A. 486; 37 L.R.A. (N.S.) 904. 
 
 Particular facts held insufficient to consti- 
 tute real estate partnership property. 
 
 J 27 L.R.A. 492; 37 L.R.A. (N.S.) 905. 
 
 20. Rights of partners inter se in. 
 
 General rule as to partners' interest. 28 
 
 L.R.A. 86. 
 Powers of partners over partnership real 
 
 estate. 28 L.R.A. 89. 
 How conveyed by partnership. 28 L.R.A. 
 
 98. 
 Purchase by partner of firm property. 28 
 
 L.R.A. '99. 
 Purchase of deceased partner's interest. 
 
 28 L.R.A. 99. 
 
 Sale by partner of his interest to his co- 
 partners. 28 L.R.A. 99. 
 Right of partner, or majority of partners, 
 
 to .sell partnership real estate. L.R.A. 
 
 1918A, 927. 
 Effect of conveyance by partner. 28 L.R.A. 
 
 100. 
 Liability of the firm for partner's acts. 28 
 
 L.R.A. 101. 
 
 The question of ratification. 28 L.R.A. 101. 
 Partner's right to reimbursement. 28 L.R.A. 
 
 102. 
 
 Equitable lien of partners. 28 L.R.A. 102. 
 Partition of partnership real estate. 28 
 
 L.R.A. 103. 
 Position of partner advancing purchase 
 
 money. 28 L.R.A. 103. 
 Position of partner purchasing property at 
 
 sheriff's sale. 28 L.R.A. 104. 
 Position of new partner. 28 L.R.A. 104. 
 Fraud by partner. 28 L.R.A. 104. 
 Estoppel of partner. 28 L.R.A. 105. 
 Statute of limitations. 28 L.R.A. 105. 
 
 PARTNERSHIP, V. cont'd 
 
 Tender of purchase money by partner. 28 
 L.R.A. 105. 
 
 Dormant partner. 28 L.R.A. 105. 
 
 Deceased partner's share. 28 L.R.A. 105. 
 
 Homestead rights. 28 L.R.A. 105. 
 
 In partnership formed for the purchase and 
 sale of land. 28 L.R.A. 106. 
 
 When partnership in lands continues after 
 the death of a partner. 28 L.R.A. 100. 
 
 The question of dissolution. 28 L.R.A. 106. 
 
 Winding-up of firm. 28 L.R.A. 107. 
 
 Division by partnership prior to dissolu- 
 tion. 28 L.R.A. 309. 
 
 In Louisiana. 28 L.R.A. 109. 
 
 Right to purchase one partner's interest in 
 real property belonging to partnership, 
 without consent of other partners. 18 
 L.R.A. (N.S.) 1180. 
 
 21. Deceased partner's widow's right 
 of dower in. 
 
 General doctrine. 27 L.R.A. 340. 
 
 .Must yield to partnership claims, liens, and 
 accounts. 27 L.R.A. 343. 
 
 When dower attaches. 27 L.R.A. 345. 
 
 In lands purchased for the purpose of re- 
 sale. 27 L.R.A. 346. 
 
 Effect of an agreement converting real es- 
 tate into personalty. 27 L.R.A. 347. 
 
 Right to dower in improvements. 27 L.R.A. 
 347. 
 
 When widow entitled to an equivalent. 27 
 L.R.A. 347. 
 
 Widow's right to retain possession. 27 
 - L.R.A. 347. 
 
 How affected bv husband's private debts. 
 27 L.R.A. 347. 
 
 Homestead rights. 27 L.R.A. 347. 
 
 Right of widow to join in deed, action, or 
 suit affecting such estate. 27 L.R.A. 
 347. 
 
 22. Rights of heirs of deceased part- 
 ner in. 
 
 The legal estate passes to the heir of a de- 
 ceased partner. 27 L.R.A. 348. 
 
 Nature of the title vested in the heirs. 
 27 L.R.A. 348. 
 
 The heirs bound to convey the legal title. 
 27 L.R.A. 349. 
 
 When a necessary party to suit relating to 
 such lands. *27 L.R.A. 349. 
 
 When heirs not entitled. 27 L.R.A. 340. 
 
 As between the surviving partner and the 
 heirs. 27 L.R.A. 350. 
 
 Power of the heirs as against the surviving 
 partner. 27 L.R.A. 351. 
 
 As between the heir and personal represent- 
 atives of such deceased partner. 27 
 L.R.A. 352. 
 
 Powers vested in executors and administra- 
 tors of a deceased partner. 27 L.R.A. 
 352. 
 
 Ultimate position of the heirs. 27 L.R.A. 
 353. 
 
 23. Position and powers of surviving 
 partner in. 
 
 The position of a surviving partner. 28 
 
 L.R.A. 129. 
 Powers of the surviving partner. 28 L.R.A. 
 
 133. 
 
 Begin tri'fJi this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1037 
 
 PARTNERSHIP, V. cont'd 
 
 To mortgage. 28 L.R.A. 134; 3 B. R. 
 C. 577. 
 
 With respect to leasehold property. 28 
 L.R.A. 135. 
 
 Effect of conveyance by. 28 L.R.A. 135. 
 
 As between tlie survivor and personal rep- 
 resentatives of a deceased partner. 28 
 L.R.A. 130. 
 
 Injunction against survivor. 28 L.R.A. 137. 
 
 Rights in partnership real estate as be- 
 tween surviving partner and heirs of 
 deceased partner. 27 L.R.A. 350. 
 
 Power of heirs of deceased partner in real 
 estate as against surviving partner. 27 
 L.R.A. 351. 
 
 24. Rights and position of creditors, 
 purchasers, and other third parties 
 in. 
 
 Rights of creditors of the firm, 28 L.R.A. 
 
 161. 
 Preference of firm over individual creditors. 
 
 28 L.R.A. 165. 
 The position of the individual creditors of a 
 
 partner. 28 L.R.A. 167. 
 The position of mortgagees. 28 L.R.A. 170. 
 The position of judgment creditors. 28 
 
 L.R.A. 170. 
 The position of purchasers. 28 L.R.A. 172. 
 
 From tlie iirm. 28 L.R.A. 172. 
 The question of notice. 28 L.R.A. 174. 
 Lew on real estate for debt of partner. 46 
 
 L.RJL 494. 
 
 .VI. Rights and liabilities as between 
 partners. 
 
 25. Generally. 
 
 Witli n.sprct to partnership real estate, see 
 
 supra, 20. 
 
 After dissolution, see infra, 31-35. 
 Accounting between partners, see infra, 
 
 50, 51. 
 
 Actions between partners, see infra, 57. 
 Contribution between partners, see Cox- 
 
 TKIHUTION, 4. 
 Transfer of interest to copartner as change 
 
 in ownersbip of insured property, see 
 
 INSURANCE, 70. 
 Equitable lien of partner, see LIENS, 7. 
 
 Effect of failure to aid in joint enterprise 
 
 or partnership to exclude from partic- 
 ipation in tlie profits thereof. L.R.A. 
 
 1918B, 678. 
 Implied authority of partner to borrow 
 
 money. 6 B. R. C. 819. 
 Right of partner or majority of partners to 
 
 sell all or substantially all of the firm 
 
 assets. L.R.A.1918A, 927. 
 Action at law between partners, based on 
 
 conversion of firm property. L.R.A. 
 
 1918F, 1125. 
 Measure of damages for breach of contract 
 
 of partnership. 51 L.R.A. (N.S.) 81. 
 Right of partners to buy from and sell to 
 
 each other. 3 L.R.A. 770. 
 Right of partner to locate mining claim. 
 
 7 L.R.A.(N.S.) 817. 
 Right of one partner to acquire individual 
 
 claim against the other. 28 L.R.A. 
 
 (N.S.) 619. 
 Consult also L.R.A. Digests of Cases. 
 
 PARTNERSHIP, VI. cont'd 
 
 Right of partner to take renewal of lease 
 in his own name and exclude copart- 
 ner. 32 L.R.A. (N.S.) 869. 
 
 Warranty as inducement to copartner to 
 enter into a contract, as a promise to 
 indemnify. 15 L.R.A. (N.S.) 1151. 
 
 Arbitrary or mala fid<> termination of part- 
 nership as basis of action for tort. 2o 
 L.R.A. (N.S.) 959. 
 
 Rights of partners as affected by sale of 
 trademark. 1 L.R.A. (N.S.) '722. 
 
 May the right of a partner to inspect the 
 books of the firm be delegated to an 
 agent. 2 B. R. C. 976. 
 
 Loss of profits as element of damages for 
 breach of contract relating to partner- 
 ship. 53 L.R.A. 81. 
 
 Member of partnership as "employee" with- 
 in meaning of Workmen's Compensa- 
 tion Acts. LJR.A.1918F, 204. 
 
 26. Right of subrogation. 
 
 Right to subrogation of partner who pavs 
 firm debt. .34 L.R.A. 614. 
 
 Of retiring partner to rights of creditor 
 where debts have been assumed on dis- 
 solution of partnership. 9 L.R.A. 
 (N.S.) 117.. 
 
 27. Compensation for services. 
 
 As between members of law firm, see ATTOR- 
 NEYS, 19. 
 
 Right of partner to. 17 L.R.A. (N.S.) 385; 
 L.R.A. 191 7F, 575. 
 
 28. Right to interest against copart- 
 ner. 
 
 On accounting, see infra, 51. 
 
 Allowance of interest in favor of or against 
 partner during continuance of firm. 
 35 L.R.A.(N.S.) 220. 
 
 VII. Dissolution or change in person- 
 nel; accounting. 
 
 a. In general. 
 
 29. Generally. 
 
 Effect of dissolution on good will, see fiooi> 
 
 WILL, 4. 
 Change in partnership interest as change in 1 
 
 ownership of insured property, see 
 
 INSURANCE, 70. 
 
 Effect of war between countries of respec- 
 tive parties. L.R.A. 1917C, 669. 
 
 Dissolution of partnership by reason of for- 
 mation of corporation. 31 L.R.A. 
 (N.S.) 471. 
 
 Phj-sical or mental incapacity of partner as 
 dissolution, or a ground for dissolution. 
 47 L.R.A. (N.S.) 839. 
 
 Question of dissolution of firm owning mil 
 estate. 28 L.R.A. 106. 
 
 Winding up of firm owning real estate 
 28 L.R.A. 107. 
 
 Position of new partner as to partnership 
 real estate. 28 L.R.A. 104. 
 
 Statutes as to continuing firm name. 15 
 L.R.A. 466.
 
 1038 
 
 IXDEX TO L.R.A. NOTES. 
 
 PARTNERSHIP, VII. a cont'd 
 
 Duty of partnership toward employees as 
 
 to changes of personnel of partnership. 
 
 6 L.R.A. 807. 
 Admissibility in evidence of entries in books 
 
 of account by liquidating partner. 52 
 
 L.R.A. 846. * 
 
 30. Notice of. " 
 
 Necessity for notice of dissolution to pre- 
 vent continuing partner from reviving 
 barred debt. 15 L.R.A. 659. 
 
 Necessity of actual notice of retirement of 
 member of firm to relieve retiring mem- 
 ber from liability on obligation renewed 
 after his retirement. 4 L.R.A. (X.S.) 
 800. 
 
 31. Rights ami powers of partners. 
 
 Actions between partners after dissolution 
 
 see infra, 57. 
 Power to interrupt limitations after dis 
 
 solution, see LIMITATION OF ACTIONS. 
 
 62. 
 
 Power to revive firm debt after dissolution. 
 15 L.R.A. 656. 
 
 Right of subrogation of partner who pays 
 firm debt after dissolution. 54 L.R.A. 
 617. 
 
 Division of partnership assets where one 
 partner contributes services only. 
 L.R.A.1917E, 877. 
 
 Where partnership is dissolved by breaking 
 out of war between countries of respec- 
 tive parties. L.R.A.1917C, 669. 
 
 32. as to commercial paper. 
 
 Power of member of dissolved firm to bind 
 other members by a note given in 
 payment of a firm debt. 32 L.R.A. 
 (N.S.) 255. 
 
 Revival of partnership debt after dissolu- 
 tion by one partner giving note. 15 
 L.R.A. 660. 
 
 Assumption of debts on dissolution of part- 
 nership, by new firm's note for. 9 
 L.R.A.(N.S.) 65. 
 
 Acceptance of note for old debt on dissolu- 
 tion of firm as indicating creditor's 
 consent to assumption. 9 L.R.A. (N.S.) 
 86. 
 
 Acceptance of note of partner assuming 
 debts on dissolution of firm as release 
 of other partner. 9 L.R.A. (N.S.) 92. 
 
 33. as to good "will. 
 
 Name of business establishment as part of 
 good will on dissolution. 15 L.R.A. 
 463. 
 
 34. of liquidating or continuing 
 partner. 
 
 Power of liquidating partner to revive firm 
 debt. 15 L.R.A. 660. 
 
 Power of continuing partner over partner- 
 ship real estate. 28 L.R.A. 98. 
 
 35. right to compensation. 
 
 Right of partner to compensation for serv- 
 ices in winding up firm business. 17 
 L.R.A. (N.S.) 396; L.R.A.1917F, 576. 
 
 Begin \cith this boofc on every law question. 
 
 PARTNERSHIP, VII. a cont'd 
 
 36. Liabilities of partners generally. 
 
 Liability under continuing guaranty run- 
 ning to, for goods sold or credits ex- 
 tended after a change in the firm. 14 
 L.R.A.(X.S.) 1231. 
 
 Liability of retiring member of mining part- 
 nership for debts subsequently incurred. 
 2-2 L.R.A. (X.S.) 851. 
 
 Liability of one who sells business, for sup- 
 plies subsequently furnished therefor 
 on credit, while it is being conducted 
 under the same name. L.R.A.1915F, 
 711. 
 
 Liability of corporation formed by firm for 
 debts of old concern in absence of ex- 
 press assumption or fraud. 29 L.R.A. 
 (N.S.) 589. 
 
 Specific performance of contract to give 
 security to one partner against liabil- 
 ities of firm. 6 L.R.A.(N.S.) 591. 
 
 37. Assumption of debts. 
 
 Assumption of individual debts by firm, 
 see supra, 13. 
 
 Assumption of debts on dissolution of part- 
 nership. 25 L.R.A. 274; 9 L.R.A. (N.S.) 
 49; 48 L.R.A. (N.S.) 547. 
 
 Right of action by third person on agree- 
 ment to assume partnership debts. 25 
 L.R.A. 274. 
 
 Assumption by new firm of debts of old 
 firm. 29 L.R.A. 694. 
 
 38. Effect of dissolution generally. 
 Dissolution of partnership authorized to act 
 as agent as termination of agency. 23 
 L.R.A.(N.S.) 849; L.R.A.1915C, 576. 
 On taxation of partnership property. 22 
 L.R.A. 478. 
 
 39. Matters as to commercial paper. 
 
 Power of partner as to, see supra, 32. 
 By surviving partner, see infra, 45. 
 
 Effect of naming dissolved firm as payee 
 in negotiable instrument. 22 L.R.A. 
 (N.S.) 50/. 
 
 Commercial paper after dissolution of part- 
 nership as payment of firm debt. 
 35 L.R.A.(N.S.) 55. 
 
 b. By death. 
 1. In general. 
 
 % 40. Generally. 
 
 Continuation of partnership owning real 
 estate after death of partner. 28 L.R.A. 
 106. 
 
 Name of business establishment as part of 
 good will on dissolution by death. 15 
 L.R.A. 463. 
 
 Dissolution by death, of partnership au- 
 thorized to act as agent, as termination 
 of agency. 23 L.R.A. (X.S.) 850. 
 
 Termination of contract of employment by 
 death of member of employing firm. 21 
 L.R.A. (N.S.) 919.
 
 INDEX TO L.R.A. NOTES. 
 
 1039 
 
 PARTNERSHIP, VII. b ont'd 
 2. Surviving partner. 
 
 11. Generally. 
 
 Admissibility in evidence of entries in books 
 of account by surviving partner. 52 
 L.R.A. 846. 
 
 42. Rights and powers of surviving 
 partner. 
 
 Position and powers of, with respect to 
 partnership real estate, see supra, 23. 
 
 Validity of agreement that surviving part- 
 ner shall have the partnership business 
 or property. L.R.A.1918B, 907. 
 
 Right of subrogation of partner who pays 
 firm debt after death of copartner. 54 
 L.R.A. 621. 
 
 Surviving partner as creditor of firm. 28 
 L.R.A, 132. 
 
 Right of surviving partner to purchase ad- 
 ditional goods in closing up business. 
 L.R.A.1917C, 170. 
 
 43. right to compensation. 
 
 Right to compensation. 17 L.R.A. (N.S.) 
 399; L.R.A.1917F, 577. 
 
 44. Duties of. 
 
 Duties of. 7 L.R.A. 790.* 
 
 45. Commercial paper by. 
 
 Note by, as payment of firm indebtedness. 
 35 L.R.A. (N.S.) 54. 
 
 3. Estate of deceased partner. 
 
 46. Generally. 
 
 Rights of estate of law partner in compen- 
 sation for business unfinished at time 
 of his death. 66 L.R.A. 821. 
 
 Contingency of partner's claim for contribu- 
 tion as affecting presentation of claim 
 against deceased partner's estate. 58 
 L.R.A. 89. 
 
 47. Rights as to real estate. 
 
 Deceased partner's widow's right of dower 
 in partnership real estate, see supra, 
 21. 
 
 "Rights of heirs of deceased partner in part- 
 nership real estate, see supra, 22. 
 
 Powers of personal representative, see infra, 
 49. 
 
 Purchase of deceased partner's interest in 
 real estat*. 28 L.R.A. 99. 
 
 48. Powers of personal representa- 
 tive. 
 
 See EXECUTORS AND ADMINISTRATORS, 14. 
 
 49. as to real estate. 
 
 See EXECUTORS AND ADMINISTRATORS, 14a. 
 
 c. Accounting. 
 
 50. Generally. 
 
 Statement of accounts. 27 L.R.A. 820. 
 Division of partnership assets where one 
 
 partner contributes services only. 
 
 L.R.A.1917E, 877. 
 Consult also L.R.A. Digests of Cases. 
 
 PARTNERSHIP, VII. c cont'd 
 
 Accounting and contribution between mem- 
 bers of partnership which is illegal or 
 which has been engaged in illegal busi- 
 ness. 23 L.R.A.(N.S.) 478; L.R.A. 
 1917A, 446. 
 
 Effect of retention of statement of account 
 by partner to render it an account 
 stated. 29 L.R.A. (N.S.) 341. 
 
 Jurisdiction of court of equity over suit for 
 a partnership accounting in respect of 
 land in another jurisdiction. 23 L.R.A. 
 (N.S.) 924. 
 
 Failure to account to partnership for part- 
 nership funds as theft, larceny, or em- 
 bezzlement. 31 L.R.A. (N.S.) '822. 
 
 Liability of one party to an arrangement 
 to share profits from gambling for 
 money lost by a third person to the 
 other party. 23 L.R.A. (N.S.) 522. 
 
 Duty to account for profits realixed from 
 transactions independently of firm. 
 52 L.R.A. (N.S.) 389. 
 
 Duty to account for premiums paid for in- 
 surance on the life of a partner. L.R.A. 
 1918B, 336. 
 
 Right of creditor of individual partner or 
 of his estate to appear in proceedings 
 for the accounting and settlement of 
 the partnership estate. L.R.A. 1917B, 
 1047. 
 
 Right of one partner to maintain action 
 for conversion against another in ab- 
 sence of accounting. L.R.A. 1918F, 
 1125. 
 
 51. Right to interest. 
 
 Allowance of interest in partnership ac- 
 counting. 9 L.R.A. 425.* 
 
 VIII. Actions; judgments, 
 a. In general. 
 
 52. Generally. 
 
 Partnership books of account as evidence, 
 
 see EVIDENCE, 140. 
 Partners as parties defendant, see PARTIES, 
 
 29. 
 Heirs of partner as parties defendant, see 
 
 PARTIES, 30. 
 
 Partner or partnership as real party in 
 interest by whom action must be 
 brought. 64 L.R.A. 6*12. 
 
 Defenses in action for debts assumed on dis- 
 solution of partnership. 9 L.R.A. (N.S. ) 
 111. 
 
 Exhaustion of remedy as to partners as 
 condition precedent to creditors' bill. 
 23 L.R.A. (N.S.) 99, 100, 110, 111. 
 
 Removal, because of separable controversy, 
 of actions on partnership liability. 5 
 L.R.A. (N.S.) 98. 
 
 53. Erroneous description in process. 
 
 Effect of erroneously describing defendant 
 in process as a corporation instead of 
 an individual or partnership. 40 L.R.A. 
 (N.S.) 566.
 
 1040 
 
 INDEX TO L.R.A. NOTES. 
 
 PARTNERSHIP, VIII. a cont'd 
 54. Service of process. 
 
 Validity of constructive service upon part- 
 nership in firm name. 29 L.R.A. (N.S. ) 
 287. 
 
 Injunction against judgment for matters 
 relating to. 31 L.R.A. 206. 
 
 55. Suit in firm name. 
 
 May a partnership sue or be sued in the 
 firm name. 29 L.R.A. (N.S.) 282. 
 
 56. Judgment. 
 
 Form of judgment under statute permit- 
 ting action to proceed upon service of 
 less than all the partners. 43 L.R.A. 
 (N.S.) 540. 
 
 Constitutionality of statute authorizing per- 
 sonal judgment against joint debtors 
 upon personal service upon one or more. 
 50 L.R.A. 595. 
 
 Who may have judgment against partners 
 set aside. 54 L.R.A. 763. 
 
 Injunction against, for matters relating to 
 service. 31 L.R.A. 206. 
 
 Injunction against judgment entered against 
 partners on confession. . 30 L.R.A. 240. 
 
 b. si*/f.s betiveen partners. 
 
 57. Generally. 
 
 Accounting between partners, see supra, 
 50, 51. 
 
 Effect Of arbitration agreements between 
 partners. 47 L.R.A. (N.S.) 373. 
 
 Power to sue partner with respect to part- 
 nership real estate. 28 L.R.A. 98. 
 
 Partnership earnings of ship; admiralty 
 jurisdiction. 66 L.R.A. 235. 
 
 Garnishment of uncertain amount due from 
 one partner to the other. 59 L.R.A. 
 377. 
 
 Right of one partner of dissolved firm to 
 maintain action at law against another 
 for fraud practised upon dissolution 
 with respect to assets. 6 L.R.A. (N.S.) 
 263. 
 
 Arbitrary or mala fide termination of part- 
 nership as basis of action in tort. 25 
 L.R.A.(N.S.) 959. 
 
 Right to invoke aid of court to determine 
 rights to property accumulated in com- 
 mon by parties living in illicit rela- 
 tions. 36 L.R.A. (N.S.) 838. 
 
 Right of one partner to maintain action for 
 conversion against another in absence 
 of accounting. L.R.A.1918F, 1125. 
 
 Right t,o arrest partner in civil action or 
 proceeding. 4 L.R.A. (N.S.) 130. 
 
 Removal of action because of separable 
 controversy. 5 L.R.A. (N.S.) 87. 
 
 IX. Limited partnership. 
 
 58. Generally. 
 
 Exhaustion of remedy at law as condition 
 precedent to creditors' bill against spe- 
 cial partnership. 23 L.R.A. (N.S.) 111. 
 
 Admissibility of partnership books of ac- 
 count against special partner. 52 
 L.R.A. 841. 
 
 PART OWNER. 
 
 Right of municipality to be. 35 L.R.A. 
 737. 
 
 PART PAYMENT. 
 
 See PARTIAL PAYMENT. 
 
 PART PERFORMANCE. 
 
 To take contract out of statute of frauds, 
 
 see CONTRACTS, 55-5!). 
 Effect of part performance of contract gen- 
 
 erally, see CONTRACTS, 129, 137, 138. 
 Servant's right to wages in case of, see 
 
 MASTER AND SERVANT, 25, 26. 
 Effect of, on right to specific performance 
 
 of contract, see SPECIFIC PERFORMANCE, 
 
 13. 
 
 PARTY EMBLEM. 
 
 On ballots, see ELECTIONS, 19. 
 
 *-- 
 
 PARTY TICKET. 
 
 When does vacancy in party ticket occur 
 within statute authorizing the filling 
 of vacancies. 41 L.R.A. (N.S.) 1088. 
 
 Jtegin iritli this booh on every Jaw question. 
 
 PARTY WALL. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 132. 
 
 Covenant as to, running with the land. '2 
 L.R.A.(N.S.) 87. 
 
 Privity of estate between adjoining owners 
 in. 66 L.R.A. 683. 
 
 Liability of insurer for value of. 20 L.R.A. 
 (N.S.) 226. 
 
 Employer's liability for injury to adjoining 
 owner through independent contractor's 
 negligent execution of work connected 
 with. 65 L.R.A. 851. 
 
 Employer's liability for independent con- 
 tractor's delay in rebuilding. 66 
 L.R.A. 154. 
 
 Liability of landlord where tenant's prop- 
 erty is damaged through interference 
 with party wall of adjoining owner 
 under agreement with landlord. 24 
 L.R.A. (N.S.) 424. 
 
 Liability of part owner to other owner for 
 damages from fall of, or injury to, 
 party wall. L.R.A. 19] 5E, 920. 
 
 2. Use of; easement in. 
 
 Creation of easement of. by severance of 
 tract of land. 26 L.R.A. (N.S.) 366.
 
 INDEX TO L.R.A. NOTES. 
 
 PARTY WALL cont'd 
 
 Acquisition, by prescription, of party-wall 
 easement in common division wall. 18 
 L.R.A.(N.S.) 131. 
 
 Effect of destruction of building to termi- 
 nate adjoining owner's easement of sup- 
 port. 39 L.R.A. (N.S.) 883; 46 L.R.A. 
 (N.S.) 1021. 
 
 Effect of extending boundary wall onto ad- 
 joining property beneath the surface, 
 upon right of adjoining owner to use 
 it. 11 L.R.A. (N.S.) 924. 
 
 Right to open windows, or other anertures, 
 in a party wall. 10 L.R.A. (N.S.) 1191. 
 
 Right to close windows or other apertures 
 in party wall. 49 L.R.A. (N.S.) 194. 
 
 Closing or opening windows or other aper- 
 tures in party wall as an eviction of 
 tenant. 49 L.R.A. (N.S.) 369. 
 
 Right to use party wall for purposes other 
 than a building or structure. 16 L.R.A. 
 (N.S.) 434. 
 
 3. Destruction of, or addition to. 
 
 Right of one party to raise height of. 20 
 
 L.R.A. (N.S.) 386. 
 Liability of part owner to other owner for 
 
 damages from fall of. L.R.A. 19 15E, 
 
 926. 
 
 4. Contribution to cost of. 
 
 What use of party wall will render adjoin- 
 ing owner liable to contribute to cost. 
 6 B. R. C. 455. 
 
 Utilization by lessee of party wall as affect- 
 ing lessor's duty to contribute to cost 
 thereof. L.R.A.1917B, 960. 
 
 Duty of lessor to reimburse lessee for 
 amount which latter contributes to 
 cost of party wall. 24 L.R.A. (N.S.) 
 293. 
 
 Is mere existence of party wall sufficient to 
 charge grantee with notice of agreement 
 by predecessor to contribute to cost in 
 event of using wall. 24 L.R.A. (N.S.) 
 1038. 
 
 5. enforcement of obligation to 
 contribute to cost of, by or against 
 grantees, or successors in title. 
 
 In general. 66 L.R.A. 674. 
 
 Obligation based on contract. 66 L.R.A. 
 
 675. 
 Noncontractual obligations. 66 L.R.A. 705. 
 
 PASS. 
 
 See CABRIEBS, 23, 29. 
 
 PASSAGE. 
 
 Of statute, see STATUTES, 3-7. 
 
 PASSAGEWAY. 
 
 Mandatory injunction for removal of ob- 
 structions to. 20 L.R.A. 102. 
 
 Right to, as way of necessity where other 
 possible modes of access exist. 17 
 L.R.A. (N.S.) 1023. 
 
 Landlord's liability as to condition of. 23 
 L.R.A. 155; 3 'L.R.A. (N.S.) 316. 
 
 Municipal liability for defects or obstruc- 
 tions in passageways in public build- 
 ings. 20 L.R.A. (N.S.) 573. 
 
 Abutting owner's right to continue enjoy- 
 ment of, across highway. 12 L.R.A. 
 (N.S.) 918. 
 
 Duty to keep clear passageways in theater. 
 '42 L.R.A.(N.S.) 1075; 'L.R.A.1915F, 
 698. 
 
 PASS BOOKS. 
 
 Negligence in examination of, see BANKS, 
 24. 
 
 Admissibilitv of, in evidence. 52 L.R.A. 
 
 602. 
 Deposit entries in, as contracts within the 
 
 rule against parol evidence to vary or 
 
 contradict written contracts. L.R.A. 
 
 1918B, 300. 
 Right to withdraw deposit from savings 
 
 bank without presenting. 46 L.R.A. 
 
 (N.S.) 194. 
 
 PASSENGER. 
 
 See AUTOMOBILES; CARRIERS, III.; ELEVA- 
 TORS, II. 
 
 PASSENGER ELEVATORS. 
 
 See ELEVATORS, 2-8. 
 
 PASSENGER TRANSFER CO. 
 
 Right of carrier to grant exclusive train 
 privilege to. 32 L.R.A.(N.S.) 1181; 
 L.R.A.1917F, 1085. 
 
 PASSION. 
 
 Responsibility for crime committed in fit 
 
 of, see CRIMINAL LAW, 11. 
 Homicide in heat of, see HOMICIDE, 32. 
 
 Consult also L.R.A. 
 
 of Cases. 66 
 
 As proof of incapacity of testator. 
 L.R.A. (N.S.) 61. 
 
 27
 
 1042 
 
 INDEX TO L.R.A. NOTES. 
 
 PASSIVE NEGLIGENCE. 
 
 Liability to trespasser or bare licensee for 
 active as distinguished from passive 
 negligence. 36 L.R.A.(N.S.) 492. 
 
 PASS WAY. 
 
 See PASSAGEWAY. 
 
 PAST DUE DEBT. 
 
 Does last payment on past due debt secured 
 by mortgage, which debt subsequently 
 becomes barred, nx the period from 
 which the limitation applicable to the 
 mortgage is to be computed. 11 L.R.A. 
 (N.S.) 744. 
 
 PASTEURIZATION. 
 
 Validity of regulations as to pasteuriza- 
 tion of milk. L.R.A.1917C, 249. 
 
 *-> 
 
 PAST LEGAL, CONSIDERATION. 
 
 Moral obligation arising from, as considera- 
 tion for promise. 53 L.R.A. 371; 26 
 L.R.A. (N.S.) 526. 
 
 PAST OFFENSE. 
 
 Liability of officer making arrest for. 51 
 L.R.A, 211. 
 
 PASTOR. 
 
 See RELIGIOUS SOCIETIES, 6-9. 
 
 PAST SERVICES. 
 
 Moral obligation arising from, as considera- 
 tion for promise. 53 L.R.A. 373; 26 
 L.R.A.(N.S.) 526. 
 
 PAST SUPPORT. 
 
 Moral obligation arising from, as considera- 
 tion for promise. 53 L.RA. 305, 358; 
 26 L.R.A.(N.S.) 520. 
 
 PATENTABILITY. 
 
 PATENT AMBIGUITIES. 
 
 As to land in will, correction of. 6 L.R.A. 
 (N.S.) 942; L.R.A.1915E, 1008. 
 
 PATENT MEDICINE. 
 
 Misfepresentation as to. as affecting valid- 
 it;: of trademark. 19 L.R.A. 55. 
 
 Validity and effect of statutes prohibiting 
 or regulating sale of. 30 L.R.A. (N.S.) 
 520. 
 
 PATENT RIGHTS. 
 
 See PATENTS. 
 
 Of invention, see PATENT, II. 
 
 Begin with this booTc on every law question. 
 
 PATENTS. 
 
 /. In general, 1-5. 
 II. Patentability of inventions; inter- 
 ference, 6-1O. 
 
 III. Sale; license; assignment, 11- 
 
 14:. 
 
 IV. Infringement, 15-17. 
 
 I. In general. 
 
 1. Generally. 
 
 Validity of contract as to, see CONTRACTS, 
 85. 
 
 Rights in, as between master and servant, 
 see MASTER AXD SERVANT, 13. 
 
 Monopolies in patented articles, see MONOP- 
 OLY AND COMBINATIONS, 12. 
 
 To public lands, see PUBLIC LANDS, 19. 
 
 Tax on patent rights, see TAXES, 28. 
 
 Amortization of patent rights in estimat- 
 ing return of a public service corpora- 
 tion for rate-making purposes. 52 
 L.R.A. (N.S.) 50. 
 
 Treatment of cost of patent rights in esti- 
 mating the return of a public service 
 corporation, for rate-making purposes. 
 52 L.R.A. (N.S.) 70. 
 
 Improper use of word "patent" as affecting 
 validity of trademark. 19 L.R.A. 54. 
 
 Effect of Federal anti-trust law on patents. 
 64 L.R.A. 713. 
 
 Restraint of trade in patented articles. 22 
 L.R.A. 674. 
 
 Inspection of patent records. 27 L.R.A. 85. 
 
 Payment for corporate stock with unpatent- 
 ed formula or invention. 16 L.R.A. (N. 
 S.) 520. 
 
 As affecting bid on public contracts. 5 
 L.R.A. (N.S.) 680. 
 
 Validity of contract for material patented 
 or held in monopoly where a letting to 
 the lowest bidder is required. 40 
 L.R.A. (N.S.) 990; L.R.A.1917A, 442. 
 
 Suits against officers relating to patents, 
 as suits against the state. 44 L.R.A. 
 (N.S.) 217.
 
 INDEX TO L.R.A. .NOTES. 
 
 1043 
 
 PATENTS, I. cont'd 
 
 As an element in taxation of capital stock 
 of corporation. 58 L.R.A. r>64. 
 
 Collusiveness of judgment as between 
 plaintiff and one not a party nor privy 
 who voluntarily conducted defense in 
 patent case. 37 L.R.A. (N.S.) 966. 
 
 Insurance against loss of royalties. L.R.A. 
 1917C, 728. 
 
 2. Duration of. 
 
 First and last days in computing time for 
 expiration of.' 49 L.R.A. 246. 
 
 3. Rights after expiration of. 
 
 Right to use of name on expiration of. 1(5 
 L.R.A.(N.S.) 550; 1 B. R. C. 649. 
 
 4. Notes for patent right. 
 
 Notes for patent rights. 20 L.R.A. 605. 
 
 Right of bona fide holder of note given for 
 patent right that does not indicate its 
 consideration as required by statute. 
 10 L.R.A.(N.S.) 842. 
 
 Effect of knowledge of consideration by pur- 
 chaser of a note given for a patent 
 right which did not indicate the nature 
 of its consideration as required by stat- 
 ute. 24 L.R.A. (N.S.) 1057. 
 
 Circumstances sufficient to put purchaser of 
 notes given for patents upon inquiry. 
 29 L.R.A.(N.S.) 385. 
 
 5. Jiir.'sdictioii. 
 
 Question relating to, as Federal question. 
 
 62 L.R.A. 538. 
 As to administration of Federal laws in 
 
 state courts, generally. 48 L.R.A. 33. 
 
 //. Patentability of inventions; inter- 
 ference. 
 
 6. Generally. 
 
 Patentability of method of transacting busi- 
 ness apart from the means for carrying 
 it out. 24 L.R.A. (N.S.) 665. 
 
 7. Utility. 
 
 Utility of invention. 5 L.R.A. 784. 
 
 8. Combinations. 
 
 For combination. 12 L.R.A. 107.* 
 
 i 
 
 9. Anticipation; prior knowledge or 
 use. 
 
 Prior use or sale of invention as affecting 
 right to patent. 1 L.R.A. 48.* 
 
 $ 10. Interference. 
 
 Effect in collateral proceeding of decision 
 of patent office on issue of interference. 
 24 L.R.A.(N.S.) 948. 
 
 ///. Sale; license; assignment. 
 
 11. Generally. 
 
 Notes for patent right, see supra, 4. 
 License to use patent or patented article, 
 
 see LICENSE, 3. 
 Consult alro L.R.A. Digests of Cases. 
 
 PATENTS, III cont'd 
 
 Specific performance of contract as to. 
 L.R.A.1938E, 617. 
 
 Reliance on fraudulent statements as to 
 patent. 37 L.R.A. 613. 
 
 Contract by municipality for use of. 18 
 L.R.A. 45. 
 
 Validity of sale of patent right in violation 
 of law. 12 L.R.A. (N.S.) 599. 
 
 Implication from use of patented article, 
 of promise to pay royalty. 44 
 L.R.A. (N.S.) 333. 
 
 Validity and effect of agreement to pay 
 royalties on device not in fact covered 
 by a patent, but assumed to be so cov- 
 ered. 14 L.R.A.(N.S.) 274. 
 
 Right to sell or use article covered by do- 
 mestic patent, which is imported from 
 foreign country. 27 L.R.A. (N.S.) 534. 
 
 Forfeiture of license by aiding infringement 
 or attempt to defeat patent. 37 L.R.A. 
 (N.S.) 821. 
 
 Right of purchaser to make alterations in 
 patented article. 3 B. R. C. 337. 
 
 12. Restrictions imposed on pur- 
 chaser. 
 
 Right of purchasers to sell or use, free from 
 
 restrictions affecting it in hands 
 
 of vendor. 55 L.R.A. 633. 
 
 Validity of contract seeking to control 
 
 price at which a patented article shall 
 
 be resold. 27 L.R.A. (N.S.) 401; 51 
 
 L.R.A.(N.S.) 522; L.R.A.1917A, 12CH. 
 
 13. Power of state to restrict or reg- 
 ulate sale or enjoyment of patent 
 right. 
 
 As to sales. 29 L.R.A. 786. 
 
 Police regulations of other business in 
 
 which patents are used. 29 L.R.A. 791. 
 Restricting right of action for infringement. 
 
 29 L.R.A. 792. 
 Taxation of patent rights. 29 L.R.A. 792; 
 
 57 L.R.A. 57. 
 
 14. Assignment. 
 
 Agreement to assign future inventions on 
 sale of patent. 2 L.R.A. (N.S.) 1094. 
 
 Assignment of patent rights by employee. 
 5 L.R.A.(N.S.) 1180. 
 
 Validity of note for patent right where as- 
 signment is defective. 20 L.R.A. 606. 
 
 IV. Infringement. 
 
 15. Generally. 
 
 Measure of damages for, see DAMAGES, 
 
 19, 95, 112. 
 Injunction against, see INJUNCTION, II. o. 
 
 Effect of ' omitting patented mark. 66 
 L.R.A. 449. 
 
 Power of state to restrict right of action 
 for infringement. 29 L.R.A. 792. 
 
 Manufacture and sale of a part which in it- 
 self is unpatented, as infringement of 
 a combination patent of which such 
 part is an essential element. 23 L.R.A. 
 (N.S.) 1027. 
 
 Forfeiture of license by aiding infringement. 
 37 L.R.A. (N.S.) 821.
 
 1044 
 
 INDEX TO L.R.A. NOTES. 
 
 PATENTS, IV. cont'd 
 
 Conclusiveness of testimony of experts in 
 patent cases. 42 L.R.A. 770. 
 
 Decree against infringement as affecting 
 right of patentee to proceed against 
 purchasers of the infringing articles. 
 L.R.A.1915F, 1101. 
 
 Judgment as to validity of patent as res 
 judicata between same parties in ac- 
 tions for infringement. 6 B. R. C. 724. 
 
 16. AVlio liable for. 
 
 Liability of officers of a corporation for. 
 
 28 L.R.A. 423. 
 
 Liability of county for. 39 L.R.A. 73. 
 Liability of school district or corporation 
 
 for infringement. 49 L.R.A. (N.S.) 
 
 1031. 
 
 17. Of unpatented article. 
 
 Right to protection against use by rival of 
 himilar design, shell or pattern not pro- 
 tected by patent. 19 L.R.A. (N.S.) 
 269; 37 L.R.A.(N.S.) 259. 
 
 Unfair competition in sale of article not 
 protected by a patent identical with 
 that originated by competitor. 17 
 L.H.A.(X.S.) 448. 
 
 PATRON cont'd 
 
 Liability of employer for malicious act of 
 servant towards. 4 L.R.A. (N.S.) 485. 
 
 Liability for injury to clothing worn by. 43 
 
 L.R~.A.(N.S.) '328. 
 
 i Right of individual patron to question rea- 
 sonableness of rate of public utility if 
 within limits of legislative authority. 
 L.R.A.1918A, 389. 
 
 PATERNITY. 
 
 Exhibition of child in bastardy proceedings 
 for purpose of determining. L.R.A. 
 1917B, 1148. 
 
 PATIEXT. 
 
 In general, see PHYSICIANS AXD SURGEONS. 
 
 Liability for detaining patient at hospital 
 aga'inst his will. L.R.A.1915D, 611. 
 
 PATRIOTIC SOCIETY. 
 
 Exemption of property of, from taxation. 
 26 L.R.A. (N.S.) 707. 
 
 PATROL. 
 
 Liability of fire insurance patrol 
 juries. 21 L.R.A. (N.S.) 810. 
 
 for 
 
 PATROX. 
 
 Of 
 
 places of amusements, see AMUSE- 
 MENTS. 
 
 Of inn or restaurant, see INNKEEPERS. 
 
 Of livery stable, see LIVERY STABLE. 
 
 Right of vendor of business and good will 
 to solicit customers from patrons of 
 business sold. 19 L.R.A. (N.S.) 767. 
 
 PATROXAGE. 
 
 Solicitation of, at railway station, see CAR- 
 RIERS, 150-153. 
 
 Right of one selling good will of profession- 
 al practice to solicit patronage of for- 
 mer clients. 10 L.R.A. (N.S.) 1200. 
 
 PATTERX. 
 
 Right to protection against use by rival of 
 similar pattern not protected bv pat- 
 ent. 19 L.R.A. (N.S.) 269; 37 L.R.A. 
 (N.S.) 259. 
 
 See POOB AND POOR LAWS. 
 
 PAUPER'S OATH. 
 
 Right to release pending appeal from con- 
 viction upon taking pauper's oatlu 
 L.R.A.191GF, 106. 
 
 PAVEMEXTS. 
 
 See PUBLIC IMPROVEMENTS. 
 
 PAVILION, 
 
 Power of municipality to construct. 26 
 L.R.A. (N.S.) 425. 
 
 Begin ifitJi 17iis booh' o)i ci'ei'i/ lair question. 
 
 PAWNBROKERS] 
 
 Municipal regulation of. 32 L.R.A. 117. 
 
 .Municipal power over business of, as nui- 
 sance. 38 L.R.A. 657. 
 
 Constitutionality of statute limiting hours 
 of pawnbrokers' business. 44 L.R.A. 
 (N.S.) 1039.
 
 INDEX TO L.R.A. NOTES. 
 
 1045 
 
 PAYMASTER. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond of. L.R.A.1917B, 990. 
 
 Penalty as limit of liability on bond of. 
 55 L.R.A. 393. 
 
 PAYMENT. 
 
 I. Iti general, 1-5. 
 II. Medium of, G-ll. 
 III. By and to u-hom, 12-16. 
 II'. Time and place, 17, IS. 
 V. Application of, 19-22. 
 VI. Effect of, 23. 
 
 I. In general. 
 
 1. Generally. 
 
 Of checks by bank, sc><- BANKS. 23-25a. 
 
 Of bill or note, see BILLS AND NOTES, 58- 
 60. 
 
 Of checks generally, see CHECKS, 8. 
 
 Of wages, constitutionality of legislation 
 as to, see CONSTITUTIONAL LAW, 86. 
 
 Of stock subscriptions, see CORPORATIONS, 
 g 81, Sla, 106. 
 
 Of compensation in eminent domain pro- 
 ceedings, see EMINENT DOMAIN, 39. 
 
 Of execution, see EXECUTION, 11. 
 
 Of debts of decedent's estate, see EXECU- 
 TORS AND ADMINISTRATORS, 45. 
 
 Of insurance premiums or assessments, see 
 INSURANCE, 112-115. 
 
 Of judgment, see JUDGMENT. 74-77. 
 
 Of wages, generally, see MASTER AND SERV- 
 ANT, II. g. 
 
 Of mortgage, see MORTGAGE, VI. 
 
 Of part of cost of party wall, see PARTY 
 WALL, 4, 5. 
 
 Of purchase money, see PURCHASE MONEY, 
 2, 3. 
 
 Of tax, see TAXES. 64, 65. 
 
 Of usury, see USURY. 
 
 Of legacy, see WILLS, g 108. 
 
 For service of police, see POLICE, 3. 
 
 For use of telephone, see TELEPHONES, 7. 
 
 For water, enforcement of, see WATERS, 
 116, 117. 
 
 Recovery back of generally, see ASSUMP- 
 SIT, II. 
 
 Recovery back of money paid out by bank, 
 see BANKS, 28, 29. 
 
 Recovery back of taxes paid, see TAXES, 
 86, 87. 
 
 As condition precedent to bringing of suit, 
 see ACTION OR SUIT, 11. 
 
 Requiring payment in advance, see ADVAN- 
 CES, 6. 
 
 Stopping payment of check, see BANKS, 
 25a. 
 
 Paving out deposits, generally, see BANKS, 
 * 27. 
 
 Presentment of bill or note for payment, see 
 BILLS AND NOTES, 43-53. 
 
 Compelling payment of costs, see COSTS AND 
 FEES, 10. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PAYMENT, I. cont'd 
 Default in, see DEFAULT. 
 Demand for, see DEMAND, 2. 
 Presumption and burden of proof as to, see 
 
 EVIDENCE. 106. 
 Guaranty of, see GUARANTY. 
 Ignorance of party making, see IGNORANCE, 
 
 3. 
 
 Intent as to, see INTENT, 10. 
 Partial payment, see PARTIAL PAYMENT. 
 Preference in, see PREFERENCE. 
 Priority in, see PRIORITY. 
 Tender of, see TENDER. 
 
 Banking customs as to. 21 L.R.A. 440. 
 
 Of withdrawals from loan association. 35 
 L.R.A. 294. 
 
 Of fines in loan association. 35 L.R.A. 221. 
 
 Of fees to witnesses. 39 L.R.A. 121. 
 
 Liability of attorney to client for mistake 
 as to. 52 L.R.A. 890. 
 
 Effect of executor's promise as to payment 
 of legacv on trust relations of legatee. 
 9 L.R.Al(N.S.)' 214. 
 
 Equitable relief against forfeiture of grant 
 or devise on condition of payment of 
 money. 69 L.R.A. 842. 
 
 Actual payment of attorney's fees for dis- 
 solving injunction as essential to re- 
 covery on injunction bond. 16 L.R.A. 
 (N.S.') 76. 
 
 Admissibility of parol evidence that writ- 
 ten instrument for payment of money 
 was executed in reliance upon parol 
 promise that payment was subject to 
 a condition not incorporated therein. 
 18 L.R.A. (N.S.) 434. 
 
 Of consideration as a condition precedent 
 to suit for specific performance of a 
 contract consummated by exercise of an 
 option. 24 L.R.A. (N.S.) 91. 
 
 Effect of creating testamentary trust for 
 payment of debts. 5 L.R.A. (N.S.) 355. 
 
 Assumption of debts on dissolution of part- 
 nership by taking assets subject to, or 
 for purposes of payment of debts. 9 
 L.R.A. (N.S.) 66; 48 L.R.A. (N.S.) 550. 
 
 Right to open default judgment to let in 
 defense of payment. L.R.A.1916F, 854. 
 
 2. What constitutes generally. 
 
 Effect of judgment against garnishee to 
 merge or satisfy liability of principal 
 debtor. 47 L.R.A. 131. 
 
 Effect of appointment of debtor as executor 
 or administrator to discharge debt or 
 charge personal representative and his 
 sureties. 26 L.R.A. (N.S.) 411. 
 
 Effect of intermarriage between debtor and 
 creditor upon indebtedness. 21 L.R.A. 
 (N.S.) 683; L.R.A.1915D, 1126. 
 
 Payment to administrator as discharge of 
 debt when will is subsequently discov- 
 ered and probated. 17 L.R.A. (N.S.) 
 878. 
 
 Work in fitting up for delivery as payment 
 of price to take contract out of statute 
 of frauds. 15 L.R.A. (N.S.) 654. 
 
 Deposit of money by debtor in mail or with 
 carrier as *a payment. L.R.A. 1918A, 
 534.
 
 1046 
 
 INDEX TO L.R.A. NOTES. 
 
 PAYMENT, I. cont'd 
 
 3. Compelling payment; penalty for 
 delay. 
 
 Mandamus to compel payment of municipal 
 debt by custodian of municipal funds. 
 14 L.R.A. 773. 
 
 Right to refuse telephone service to coerce 
 payment of bill. 30 L.R.A.(N.S.) 
 1027. 
 
 Right of public service corporation to im- 
 pose penalty or added amount for fail- 
 ure to pay service bills promptly. 31 
 L.R.A.(N.S.) 329; 43 L.R.A.(N.S.) 
 63. 
 
 Discontinuing service to compel payment of 
 water bills. 31 L.R.A.(N.S.) 301. 
 
 Forcibly compelling payment of debt as 
 robbery. 10 L.R.A.(N.S.) 744. 
 
 Constitutionality of statute imposing pen- 
 alty for failure to pay claim. 42 
 L.R.A. (N.S.) 102, 106; L.R.A.1917B, 
 926. 
 
 4. Reissue of instrument after pay- 
 ment. 
 
 Effect of reissue of bill or note that has 
 been paid by the party primarily lia- 
 ble thereon. L.R.A.1918E, 170. 
 
 PAYMENT, II. cont'd 
 
 Special contracts and obligations to make 
 
 payment in gold or silver. 29 L.R.A. 
 
 512. 
 Form of judgment and procedure in case 
 
 of liability to make payment in coin. 
 
 29 L.R.A. 593. 
 
 8. worn or base coin. 
 
 Tender of old, worn, or mutilated coin. 33 
 L.R.A. 824. 
 
 9. Confederate money. 
 
 Award on contract for Confederate money. 
 
 58 L.R.A. 183. 
 Injunction against enforcing contracts for 
 
 Confederate money. 48 L.R.A. 843. 
 
 10. Foreign money. 
 
 Note pavable in foreign money. 20 L.R.A. 
 481." 
 
 11. Commercial paper. 
 
 Payment by commercial paper. 35 L.R.A, 
 
 (N.S.) 1. 
 Obligation as equivalent of payment, for 
 
 purpose of subrogation. 2 L.R.A. (N.S.) 
 
 263. 
 
 5. Evidence of. 
 
 Presumption of, see EVIDENCE, 
 
 106. 
 
 Receipt as evidence of payment as against 
 third parties. 29 L.R.A. 737. 
 
 Right of insurance company in making pay- 
 ment of proceeds of life policy to rely 
 on clause giving company option as to 
 payee and making receipt conclusive 
 evidence of payment to proper person. 
 20 L.R.A.(N.S.*) 928. 
 
 II. Medium of. 
 
 6. Generally. 
 
 What may be accepted in payment by bank 
 making collections, see BANKS, 34. 
 
 Parol agreement as to. 43 L.R.A. 458. 
 
 Parol evidence that payment for land sold 
 was to be otherwise than in money. 
 20 L.R.A. 106. 
 
 Admissibility of parol evidence as to man- 
 ner or means of paying written con- 
 tract not within statute of frauds pur- 
 porting to be payable in money. 31 
 L.R.A. (N.S.) 235. 
 
 Accepting something besides money from 
 bank as a discharge of drawer of check. 
 25 L.R.A. 200. 
 
 Of legacy, conflict of laws as to medium. 
 2 L.R.A. (N.S.) 468. 
 
 7. Coin. 
 
 pays to unauthorized 
 L.R.A.(N.S.) 201, 
 
 person. 
 
 37 
 
 Effect of fraudulent reissue of bill or note I Check as payment of debt where drawee 
 which has been paid. 28 L.R.A. (N.S.) ' 
 1066. 
 
 Effect of assignment of mortgage by or with 
 consent of mortgagor to third person 
 after payment of debt originally se- 
 cured. 27 L.R.A.(N.S.)> 111. 
 
 Acceptance of depositor's check by bank for 
 obligation due it as affecting bank's 
 right to set off obligation against de- 
 positor. L.R.A.1916A, 685. 
 
 Liability for accepting check from agent or 
 fiduciary in payment of his own debt. 
 52 L.R.A. 790. 
 
 Liability of creditor who accepts as pay- 
 ment from debtor, check of third per- 
 son which has been wrongfully pro- 
 cured by debtor. 13 L.R.A. (N.S*.) '273. 
 
 Liability of bank for taking check in pay- 
 ment of paper held for collection. 3 
 L.R.A. (N.S.) 1179. 
 
 Right of one who takes commercial paper 
 of corporation in payment of, or secu- 
 rity for, an individual debt of officer. 
 31 L.R.A.(N.S.)169; L.R.A.1918F, 1163. 
 
 Garnishment of debt after delivery of check 
 in payment. 19 L.R.A. 475. 
 
 Note or other commercial paper of individu- 
 al partner as payment of lirm debt not 
 previously assumed by him. 15 L.R.A. 
 (N.S.) 1019; 51 L.R.A. (N.S.) 358. 
 
 Promissory note as equivalent of payment 
 for purposes of subrogation. 2 L.R.A. 
 (N.S.) 263. 
 
 Giving note as loss or damage within con- 
 dition of contract of indemnity. 9 
 L.R.A. (N.S.) .478; 20 L.R.A. (N.S.) 
 956; 48 L.R.A. (N.S.) 195. 
 
 Promissory note as payment of insurance 
 premium. 5 B. R. C. 365. 
 
 Check or draft as payment of insurance 
 premium. L.R.A.1916A, 674. 
 
 Check as a payment for purpose of taking 
 contract out of Statute of Frauds. 
 L.R.A.1918B, 902. 
 
 Validity of contract to pay in gold or I Failure to return check as affecting quesr 
 
 silver, see CONTRACTS, 89. 
 Bet/in trit/t this book on every law question. 
 
 tion of payment. L.R.A.1918C, 161.
 
 INDEX TO L.E.A. NOTES. 
 
 1047 
 
 PAYMENT, IT. cont'd 
 
 Garnishment of debt after delivery of check 
 
 in payment. L.R.A.1917F, 396. 
 At what time does a partial payment made 
 
 by check or note arrest the running of 
 
 the statute of limitations. 1 B. R. C. 
 
 494. 
 
 ///. By and to whom. 
 
 12. By third person. 
 
 Authority to make payment of bill or note, 
 
 see BILLS AND NOTES, 60. 
 By volunteer, see VOLUNTEER, 4. 
 
 Promise to repay third person. 53 L.R.A. 
 372. 
 
 13. effect. 
 
 The effect of payment of a debt by a vol- 
 unteer or stranger to the original 
 undertaking. 23 L.R.A. 120. 
 Effect of part payment. 20 L.R.A. 794; 
 L.R.A.1917A* 724. 
 
 14. by agent. 
 
 Agent's power to use principal's property 
 for payment of his own debt. 14 
 L.R.A. 234. 
 
 Liability of drawee for accepting check 
 from agent or fiduciary in payment of 
 his debt. 52 L.R.A. 790. 
 
 Right of one who knowingly receives from 
 agent principal's money in payment of 
 the agent's own debt, but which he be- 
 lieves to be the debt of the principal. 
 15 L.R.A. (N.S.) 310. 
 
 Assumption of debt by agent as payment. 
 17 L.R.A. (N.S.) 607. 
 
 What constitutes payment to principal of 
 money paid agent by third person for 
 principal. 23 L.R.A. (N.S.) 557. 
 
 15. To whom. 
 
 Who may receive payment of judgment, see 
 JUDGMENT, 75. 
 
 Validity of provision in contract for pay- 
 ment of money that it shall be payable 
 to obligee only, and not to his estate. 
 
 17 L.R.A.(N.S.) 1239. 
 
 16. to agent. 
 
 Agent's authority as to accepting payment. 
 
 19 L.R.A. (N.S.) 324. 
 Authority of traveling salesmen to receive 
 
 payment. 18 L.R.A. 663. 
 Authority of traveling salesman to accept 
 
 payment in anything else than money. 
 
 18 L.R.A. 666. 
 
 Payment to agent as defense to an action by 
 imdisclosed principal. 28 L.R.A. (N.S.) 
 230; L.R.A.1916A, 1215. 
 
 Effect of fact that agent does not have pos- 
 session of securities upon question of 
 his authority to receive payment. 23 
 L.R.A.(N.S.) 414; L.R.A.1916B, 860. 
 
 Payment to one found at place of payment 
 designated, who was not in possession 
 of securities. 21 L.R.A. (N.S.) 52. 
 
 .Consult also L.R.A. Digests of Cases. 
 
 PAYMENT, III. cont'd 
 
 Authority of sales agent who is authorized 
 
 to collect the whole or a part of the 
 
 'purchase price on making the sale to 
 
 receive payments afterward. 38 L.R.A. 
 
 (N.S.) 700. 
 
 Right to recover from agent money paid him 
 for his principal. 23 L.R.A. (N.S.) 553; 
 L.R.A.1916D, 1041. 
 
 IV. Time and place. 
 
 17. Time of. 
 
 Statutory regulations as to time of payment 
 of wages, see MASTER AND SERVANT, 
 31. 
 
 Contemporaneous agreement as to. 45 
 L.R.A. 456. 
 
 Time for, on part performance of contract 
 for services. 24 L.R.A. 233. 
 
 Right to regulate time of payment as in- 
 cident to authority to make rules and 
 regulations as to testing food. 39 
 L.R.A. (N.S.) 686. 
 
 Effect on, of delivery of goods f. o. b. 62 
 L.R.A. 805. 
 
 Effect of day for payment falling on Sun- 
 day. 3 B. R. C. 078. 
 
 Time of payment of obligation purporting 
 to be payable on specified event the hap- 
 pening of which is wholly or partially 
 within the control of the promisor. 
 L.R.A.1917B, 1050. 
 
 18. Place of. 
 
 Authority of agent to give paper for loan as 
 to place of payment. L.R.A.1916C, 136. 
 
 Alteration of note by inserting. 31 L.R.A. 
 (N.S.) 643. 
 
 Contemporaneous agreement as to. 43 
 L.R.A. 458. 
 
 Place where debt payable as affecting juris- 
 diction to garnish same. 3 L.R.A. 
 (N.S.) 608; 20 L.R.A. (N.S.) 264; 
 L.R.A.1915F, 880. 
 
 V. Application of. 
 
 19. Generally. 
 
 As between principal and interest when 
 made before due. 15 L.R.A. 169. 
 
 To national bank as affecting question of 
 usury. 56 L.R.A. 701. 
 
 Of taxes as affecting validity of tax sale. 
 20 L.R.A. 488. 
 
 Application by bank of individual part- 
 ner's deposit on firm debt. 23 L.R.A. 
 111. 
 
 Forger's application of proceeds of check 
 to an indebtedness to depositor as af- 
 fecting bank's right to charge same 
 against depositor's account. 25 L.R.A. 
 (N.S.) 996. 
 
 Application of doctrine of appropriation of 
 payments to effect on surety or en- 
 dorser of bank's failure to apply prin- 
 cipal's deposit to account on note. 8 
 L.R.A. (N.S.) 944. 
 
 Effect of specific application of payment to 
 last item of open account on statute of 
 limitations. 19 L.R.A. (N.S.) 126.
 
 INDEX TO L.R.A. NOTES. 
 
 PAYMENT, V. cont'd 
 
 Effect on application of payments, of as- 
 sumption of debts on dissolution of 
 partnership. 9 L.R.A. (N.S.) 94. 
 
 Right to apply indebtedness owed by cred- 
 itor to debtor for purpose of tolling 
 statute of limitations. 42 L.R.A. (N.S.) 
 1155; L.R.A.1915E, 794. 
 
 Basis of settlement between building and 
 loan association and borrowing mem- 
 ber before maturity of stock. 43 L.R.A. 
 (N.S.) 874. 
 
 Right of surety upon contractor's bond to 
 have payments made by contractor ap- 
 
 plied 
 637. 
 
 to the contract. L.R.A.1917C, 
 
 20. To mortgage. 
 
 Application of withdrawal account to mort- 
 gage given to loan association. 35 
 L.R.A. 204. 
 
 Right to apply payments made on stock in 
 building and loan association upon 
 mortgage given for a loan by the same 
 member. 29 L.R.A. 120. 
 
 21. Of proceeds of sale of mortgaged 
 property. 
 
 Of proceeds of involuntary sale so as to 
 interrupt running of limitations, see 
 LIMITATION OF ACTIONS, 67. 
 
 Application of proceeds of sale or mort- 
 gage of future crops. 23 L.R.A. 467. 
 
 Application of proceeds of sales of mort- 
 gaged merchandise by mortgagor left 
 in possession. 18 L.R.A. 610. 
 
 22. Duty as to. 
 
 Duty to see to application of purchase 
 money, see PURCHASE MONEY, 3. 
 
 Duty of mortgagee to hold proceeds of in- 
 surance and apply them on indebted- 
 ness as it falls due. 10 L.R.A. (N.S.) 
 1166. 
 
 Duty of purchaser from conditional vendee 
 with right to resell to see that the 
 latter's vendor is paid. 26 L.R.A. 
 (N.S.) 585. 
 
 VI. Effect of. 
 
 23. Generally. 
 
 Effect of payment by third person, see 
 supra, 13. 
 
 Accord and satisfaction by part payment, 
 see ACCORD AND SATISFACTION, 3. 
 
 Of bill or note, see BILLS AND NOTES, 59. 
 
 Effect of payment by garnishee, see GAR- 
 NISHMENT, 15. 
 
 By one joint debtor as release of other, see 
 JOINT CREDITORS AND DEBTORS, II. 
 
 Payment of judgment, see JUDGMENT, 76. 
 
 Effect of, to stop running of limitations, 
 see LIMITATION OF ACTIONS, 65-67. 
 
 Effect of payment by owner to contractor on 
 right of laborer, subcontractor, or ma- i 
 
 PAYMENT, VI cont'd 
 Release of surety by payment by principal, 
 see PRINCIPAL AND SURETY, 11. 
 
 Of existing debt as consideration for new 
 promise. 34 L.R.A. 33. 
 
 Indorsement of, on note, as affecting nego- 
 tiability. 38 L.R.A. 823. 
 
 Effect of nominal payment of bonus stock. 
 38 L.R.A. 492. 
 
 For corporate stock by transfer of property 
 as protection against liability to 
 creditors of corporation. 42 L.R.A. 
 593. 
 
 Effect of, on agreement not to plead statute 
 of limitations. 63 L.R.A. 203. 
 
 Effect of payments to executor or adminis- 
 trator under letters testamentary or of 
 administration subsequently revoked or 
 set aside. 21 L.R.A. 153; 43 L.R.A. 
 (N.S.) 634. 
 
 Payment before judgment as ground of in- 
 junction against judgment. 31 L.R.A. 
 770. 
 
 As affecting right to injunction against 
 judgment in garnishment proceedings. 
 30 L.R.A. 363. 
 
 By principal of previous drafts drawn upon 
 him by his agent without authority as 
 implied authority to draw others. 34 
 L.R.A. (N.S.) 440. 
 
 Release of surety on building contractor's 
 bond by making payments not author- 
 ized by the contract. 5 L.R.A. (N.S.) 
 418. 
 
 Payment voidable under bankruptcy act as 
 discharge of surety, guarantor, or in- 
 dorser. 9 L.R.A. (N.S.) 581. 
 
 Payment of original assessment for con- 
 struction of local improvement as es- 
 toppel from contesting subsequent 
 assessment for repair. 36 L.R.A. (N.S. ) 
 40. 
 
 Effect of payment of debt on Sunday. ]"> 
 L.R.A. (N.S.) 243. 
 
 Effect of assignment of a claim ex delicto 
 to one against whom it was asserted to 
 enable him to maintain an action 
 thereon against a third party. 7 L.R.A. 
 (N.S.) 534. 
 
 Payment of debt due from estate as affect- 
 ing creditor's right to letters of ad- 
 ministration. 45 L.R.A. (N.S.) 237. 
 
 PAYMEXT INTO COURT. 
 
 See TENDER. 
 
 PEACE. 
 
 Breach of, see BREACH OF PEACE. 
 Municipal control over nuisance affecting, 
 
 terialman to 
 LIENS, 21. 
 
 lien, see MECHANICS' 
 
 Effect on officer's right to compensation of 
 
 CORPORATIONS, 40. 
 
 Injunction against nuisances affecting. 41 
 
 L.R.A. 321. 
 Evidence of specific instances to prove char- 
 
 payment to de facto officer, see OFFI- acter for peace of victim of 'crime. 
 
 CERS, 37. L.R.A. (N.S.) 708. 
 
 Begin with this book on every law question. 
 
 14
 
 INDEX TO L.R.A. NOTES. 
 
 1049 
 
 PEACE cont'd 
 
 Competency of witness to testify as to repu- 
 tation of accused for. 2 L.R.A. (N.S.) 
 553; 22 L.R.A. (N.S.) 66]. 
 
 Character and reputation for, as affecting 
 homicide. 3 L.R.A. (N.S.) 368. 
 
 PEACE BONDS. 
 
 What conduct will work a forfeiture of. 
 L.R.A.(N.S.) 186. 
 
 40 
 
 PEACE OFFICER. 
 
 Liability of sureties on bond of, see BONDS, 
 12-15. 
 
 Right of, to carry weapons outside his dis- 
 trict. 38 L.R.A. (N.S.) 998. 
 
 Liability of peace officer or his bond for 
 shooting a person while attempting to 
 arrest him. 51 L.R.A. (N.S.) 1179. 
 
 Homicide by, in attempting to enforce his 
 commands against innocent persons. 
 L.R.A.1918D, 379. 
 
 Liability of, for making arrest. L.R.A. 
 1915B, 505. 
 
 PECUNIARY CONDITION. 
 
 Admissibility of books of acccount to prove. 
 52 L.R.A. 719. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 739. 
 
 Evidence of, to show pecuniary loss to par- 
 ents by death of child. L.R.A.1918E, 
 284. 
 
 PECUNIARY INTEREST. 
 
 Necessity of, to insurable interest in life of 
 
 relative. 54 L.R.A. 225. 
 Insurable interest of brother or sister in 
 
 other's life. 45 L.R.A. (N.S.) 982. 
 
 PECUNIARY LOSS. 
 
 Evidence to show pecuniary loss by death 
 of person. L.R.A.1918C, 1080, 1096, 
 1111, 1122; L.R.A.1918E, 278. 
 
 PEDDLERS. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 135. 
 
 License tax on, as interference with inter- 
 state commerce, see COMMERCE, 18. 
 
 License of, generally, see LICENSE, 35. 
 
 Municipal control over, generally, see MU- 
 NICIPAL CORPORATIONS, 46. 
 
 Who is a peddler or hawker within statu- 
 tory or municipal regulations. 
 L.R.A.1916B, 1293. 
 
 Cansult also L.R.A. Digests of Cases. 
 
 PEDIGREE. 
 
 Admissibility of hearsay evidence as to, see 
 EVIDENCE, 219. 
 
 Entries in family Bible or other religious 
 book as evidence. 41 L.R.A. 449. 
 
 PENAL BONDS. 
 
 Form of judgment on. 62 L.R.A. 427. 
 
 PENAL LAWS AND STATUTES. 
 
 Enforcement of penal laws of another state, 
 
 see CONFLICT OF LAWS, 23. 
 Construction of, see STATUTES, 25, 26. 
 
 Jurisdiction of state courts to enforce Fed- 
 eral penal laws. 48 L.R.A. 39. 
 
 When rates fixed by penal statute are suf- 
 ficiently definite and certain. 33 L.R.A. 
 209. 
 
 Private action for violation of. L.R.A. 
 1915.E, 561. 
 
 PENALTY. 
 
 /. In general, 1, 2. 
 II. For particular acts or offenses, $ 
 3-7. 
 
 I. In general. 
 
 1. Generally. 
 
 For advertising, see ADVERTISING, 3. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 23. 
 
 For crime, see CRIMINAL LAW, VI. 
 
 Construction of penal statutes, see STAT- 
 UTES, 25, 26. 
 
 Validity of statutory provision for attor- 
 ney's fee to successful defendant in- 
 civil action for a penalty. L.R.A.1915E,. 
 949. 
 
 Exemptions as against penalties. L.R.A. 
 1915A, 1214. 
 
 Excessive penalty as denial of due process 
 of law. 46 L.R.A. (N.S.) 1039. 
 
 Exaction of penalty for acts done under 
 supposed sanction of law as violation of 
 due process of law. L.R.A.1916A, 1211, 
 
 Right of agent to be reimbursed for penal- 
 ties paid for violation of law in 
 principal's interest. 45 L.R.A. (N.S.) 
 788. 
 
 As element of compensation to be paid pub- 
 lic utility company upon taking its 
 plant. 47 L.R.A. (N.S.) 791, 795. 
 
 Discretion of court as to penalty to be im- 
 posed upon a corporation for violation 
 of law. L.R.A.1915A, 892.
 
 1050 
 
 INDEX TO L.R.A. NOTES. 
 
 PENALTY, I. cont'd 
 
 Constitutionality of civil service provision 
 for. 34 L.R.A.(N.S.) 483. 
 
 Restraint on freedom of child as imposing 
 -unequal penalty. 18 L.R.A. (N.S.) 894. 
 
 Must penalty in aggregate for infringing 
 copyright be multiple of what would 
 be given for each separate offense. 1 
 B. R. C. 768. 
 
 Suit for statutory penalty as a civil or 
 criminal prosecution. 27 L.R.A. (N.S.) 
 739. 
 
 Applicability of criminal statutes to corpo- 
 rations as affected by nature of penalty. 
 2 B. R. C. 245. 
 
 Applicability of statute of limitations relat- 
 ing to actions for penalty to action 
 against directors of corporation for 
 malfeasance or nonfeasance. L.R.A. 
 1917A, 986. 
 
 Compulsory evidence against one's self in 
 case of. 29 L.R.A. 813. 
 
 Imprisonment for, as imprisonment for 
 debt. 34 L.R.A. 651 ; L.R.A.1915B, 647. 
 
 Power of municipality to impose additional 
 penalty on what is also an offense under 
 state law. 17 L.R.A. (N.S.) 56. 
 
 Judgment in criminal action as bar to civil 
 action to enforce. 11 L.R.A. (N.S.) 667. 
 
 Effect of repeal without saving clause of 
 statute permitting recovery of pecun- 
 iary penalty on prior conviction there- 
 under. 23 L.R.A. (N.S.) 245. 
 
 Implication of invalidity of contract from 
 penalty. 12 L.R.A. (N.S.) 586. 
 
 2. Provision for, in contract. 
 
 As limit of liability on bond, see DAMAGES, 
 29. 
 
 Penalty or liquidated damages, see DAM- 
 AGES, 38. 
 
 For delay in payment, see PAYMENT, 3. 
 
 For taking usury, see USURY, 15. 
 
 Effect of providing on right to rescind or 
 abandon contract for other party's de- 
 fault. 30 L.R.A. 44. 
 
 Validity and effect of provision in contract 
 for increased rate of interest upon de- 
 fault. L.R.A.1916E, 726. 
 
 77. For particular acts or offenses. 
 
 3. Generally. 
 
 Penalties imposed by public service cor- 
 poration to enforce prompt payment, 
 see PUBLIC SERVICE CORPORATIONS, 3. 
 
 Who is entitled to penalties for delay in 
 paying improvement assessments. 47 
 L.R.A. (N.S.) 702. 
 
 Agreement for lump sum on payment after 
 maturity as a penalty. 49 L.R.A. 551. 
 
 Agreement for additional amount if debt is 
 not paid at maturity as a penalty. 49 
 L.R.A. 554. 
 
 For nonacceptance of office. 24 L.R.A. 493. 
 
 For refusal of inspection of books of cor- 
 poration. 45 L.R.A. 457. 
 
 For improper issuance of marriage license 
 or performing marriage ceremony. 
 L.R.A.1917E, 869, 873. 
 
 PENALTY, IL cont'd 
 
 Special penalty for violation of Sunday clos- 
 ing act. 15 L.R.A. (N.S.) 646. 
 
 May stockholder maintain action in the 
 right of the corporation to recover 
 penalty imposed bv the Sherman Act. 
 L.R.A.1917E, 1006. 
 
 To enforce orders of Public Service Commis- 
 sions. L.R.A.l 918E, 31J. 
 
 4. As to fishing; 
 
 For illegal fishing. 39 L.R.A. 590. 
 For interference with fishing rights. 60 
 L.R.A. 524. 
 
 5. Against foreign corporation. 
 
 Effect of statute prescribing penalty 
 against unauthorized foreign corpora- 
 tion upon contracts made by it. 24 
 L.R.A. 316. 
 
 Statutory provision for penalty as affecting 
 validity of contract made by foreign 
 corporation without complying with the 
 statutory conditions of doing business. 
 4 L.R.A. (N.S.) 688. 
 
 5a. Against railroad companies. 
 
 As carriers, see infra, 6. 
 
 Constitutionality of penalties imposed on 
 railroad company for failure to fence 
 tracks or build cattle guards. 31 
 L.R.A. (N.S.) 863. 
 
 Constitutionality of statute imposing pen- 
 alty or added liability for failure of 
 railroad company to pay claim. 42 
 L.R.A. (N.S.) 102"; L.R.A.1917B, 929. 
 
 Penal responsibility for blocking street or 
 highway crossing. L.R.A.1915B, 329. 
 
 6. Against carriers. 
 
 Against passenger carrier, see CARRIERS, 
 
 99. 
 Against carrier of freight, see CARRIERS, 
 
 146a. 
 
 7. Against telegraph company. 
 
 For delay in delivery of telegram. 53 L.R.A. 
 738. 
 
 State statutes imposing penalties on tele- 
 graph companies for not transmitting 
 and delivering messages properly. 31 
 L.R.A. 807. 
 
 PENDENCY. 
 
 Of action to abate suit, see ABATEMENT 
 
 AND REVIVAL, 5-7. 
 Of action generally, see Lis PENDENS. 
 
 PENDENTE LITE. 
 
 See Lis PENDENS. 
 
 Begin ufith this ftoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1031 
 
 PENDING ACTION. 
 
 Effect of repeal of statute on, see STATUTES, 
 
 34. 
 See also PENDENCY. 
 
 PENITENTIARY. 
 
 See JAILS AND PRISONS. 
 
 PENSION. 
 
 Exemption of, see EXEMPTION, 7. 
 
 To police, see POLICE, 2. 
 
 For school-teachers,, see SCHOOLS, 19. 
 
 Consideration of, in estimating amount of 
 permanent alimony. 44 L.R.A. (N.S.) 
 1004. 
 
 Eight of woman to be pension agent. 38 
 L.R.A. 213. 
 
 Congressional, regulation of charges on pen- 
 sion claiin. 33 L.R.A. 182. 
 
 Effect of receipt of, to mitigate damages for 
 wrongful death. 67 L.R.A. 94. 
 
 Nature and circumstances of injury as af- 
 fecting right to share in pension or in- 
 surance fund for policemen and firemen. 
 20 L.R.A. (N.S.) 1176. 
 
 Powi-r of legislature to require munici- 
 pality to pension employees. 34 L.R.A. 
 (N.S.) 608. 
 
 Mandamus to restore to office one who has 
 retired on pension. 19 L.R.A. (N.S.) 
 SO. 
 
 Validity of pension or bounty to Confed- 
 erate soldiers. 45 L.R.A. (N.S.) 692. 
 
 Vested right in. 50 L.R.A. (N.S.) 1018. 
 
 PENSION AGENT. 
 
 Right of woman to be. 28 L.R.A. 213. 
 
 *-- 
 
 PEONAGE. 
 
 Constitutionality of imprisonment for 
 breach of contract of labor or rental. 
 21 L.R.A.(N.S.) 242. 
 
 PEOPLE. 
 
 Delegation of legislative power to, see 
 CONSTITUTIONAL LAW, 12. 
 
 PER CAPITA. 
 
 Distribution per capita under will, see 
 
 WILLS, 98. 
 Consult also L.R.A. Digests of Cases. 
 
 PERCOLATING WATER. 
 
 See WATERS, 72-77. 
 
 PER DIEM. 
 
 Claim against state for. 42 L.R.A. 40. 
 
 PEREMPTORY INSTRUCTIONS. 
 
 See TRIAL, 56-59. 
 
 PERENNIAL CROPS. 
 
 Measure of damages for injury to or de- 
 struction of. 23 L.R.A. (N.S.) 310; 37 
 L.R.A. (N.S.) 977; 49. L.R.A. (N.S.) 
 415. 
 
 PERFORATED ROLLS. 
 
 Perforated rolls and wax cylinders as in- 
 fringements of copyright of sheet 
 music. 2 B. R. C. 91. 
 
 PERFORMANCE. 
 
 Of contract, generally, see CONTRACTS, V. 
 
 Part performance of oral contract, see CON- 
 TRACTS, 55-59. 
 
 Specific performance, see SPECIFIC PER- 
 FORMANCE. 
 
 Of agreement for conveyance of land, see 
 VENDOR AND PURCHASER, 9. 
 
 PERIODICAL APPROPRIATION. 
 
 Of wafer. 46 L.R.A. 175. 
 
 *--* 
 
 Rights of employer and employee with re- 
 spect to work done for. 1 B. R. C. 330. 
 
 Master's rights in respect to employee's 
 work upon. 5 L.R.A. (N.S.) 1190. 
 
 PERISHABLE PROPERTY. 
 
 1. Carrier's duty and liability as to. 
 
 Loss or damage due to initial carrier's 
 
 own negligence or breach of contract. 
 
 31 L.R.A. (N.S.) 84. 
 Liability of carrier for damages to, because 
 
 of defects in, or improper condition of, 
 
 car. L.R.A.1917C, 512. 
 Carrier's duty to carry, in refrigerator cars. 
 
 10 L.R.A.(N.S.) 317.
 
 1052 
 
 INDEX TO L.E.A. NOTES. 
 
 PERISHABLE PROPERTY cont'd 
 Liability of carrier for sale of, during 
 
 strike. 35 L.R.A. 630. 
 Measure of damages for carrier's delay in 
 
 delivery of receptacles for. 24 L.R.A. 
 
 (N.S.) 134. 
 
 PERITONITIS. 
 
 Effect of, on recovery for negligent injury 
 to person. 48 L.R.A. (N.S.) 97. 
 
 PERJURY. 
 
 1. Generally. 
 
 False swearing in proofs of loss, see INSUR- 
 ANCE, 148. 
 
 Habeas corpus to secure release of one con- 
 victed on perjured evidence. L.R.A. 
 1918F, 1078. 
 
 Publication accusing witness of perjury as 
 contempt of court. L.R.A.1915D, 573. 
 
 Suborning witness as contempt of court. 
 L.R.A.1915D, 573. 
 
 Establishment of falsity of testimony by 
 circumstantial evidence. 44 L.R.A. 
 (N.S.) 513. 
 
 Contradictory statements made by one ac- 
 cused of perjury as sufficient corrobo- 
 ration of single witness. L.R.A.1918E, 
 928. 
 
 Applicability of rule that conviction of 
 perjury cannot rest upon uncorrobo 
 rated evidence of a single witness, to 
 prosecution for subornation of perjury. 
 44 L.R.A.(N.S.) 307.. 
 
 Commitment or holding of witness for, dur- 
 ing trial as ground for reversal. 43 
 L.R.A.(N.S.) 845. 
 
 False testimony given under statute promis- 
 ing immunity against its use in crimi- 
 nal proceedings. 9 L.R.A.(X.S.) 237. 
 
 Judgment in civil action as evidence in a 
 criminal prosecution for perjury. 26 
 L.R.A. (N.S.) 465. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 576. 
 
 2. What amounts to. 
 
 Fn statements involving matters of opinion 
 or belief. 25 L.R.A. (X.S.) 654. 
 
 Unqualified statements without knowledge 
 of the facts. L.R.A.1916B, 850. 
 
 May perjury be predicated of testimony as 
 to the effect of an understanding or 
 agreement. 22 L.R.A. (N.S.) 1216. 
 
 False swearing where no oath, or the par- 
 ticular one administered, was not re- 
 quired, as perjury. 39 L.R.A. (N.S.) 
 96. 
 
 Conviction of perjury upon proof that ac- 
 cused made contradictory statements. 
 L.R.A.1917C, 58. 
 
 3. testimony on immaterial mat- 
 ters. 
 
 May charge of subornation of perjury be 
 based on false testimony which is im- 
 material. 25 L.R.A. (XiS.) 120. 
 
 Begin n-ith this boofc em every law question. 
 
 PERJURY cont'd 
 
 May perjury be predicated of false testi- 
 mony before the grand jury on matter* 
 immaterial to the issue. 22 L.R.A. 
 (N.S.) 1192. 
 
 4. as affected by invalidity of pro- 
 ceedings in which testimony taken. 
 
 Generally. 54 L.R.A. 513; 40 L.R.A.(X.S.) 
 
 249. 
 Jurisdictional defects, generally. 54 L.R.A.. 
 
 513; 40 L.R.A. (N.S.) 249." 
 Pendency of proceedings. 54 L.R.A. 513. 
 Defects in organization or constitution of 
 
 tribunal. 54 L.R.A. 514; 40 L.R.A 
 
 (N.S.) 250. 
 When the court had lost or exceeded it* 
 
 jurisdiction. 54 L.R.A. 514; 40 L.R.A. 
 
 (N.S.) 250. 
 Defects in preliminary matters affecting the 
 
 jurisdiction in the particular case. 54 
 
 L.R.A. 515; 40 L.R.A. (X.S.) 2.11. 
 When want of jurisdiction arises from facts 
 
 dehors the records. 54 L.R.A. 517; 40 
 
 L.R.A. (N.S.) 251. 
 
 Defects not affecting jurisdiction, general- 
 ly. 54 L.R.A. 519; 40 L.K.A.lX.S.) 
 
 25-2. 
 Matters especially affecting sanction under 
 
 which testimony is given. 54 L.R.A. 
 
 520; 40 L.R.A. (X.S.) 252. 
 Matters relating to jury. 54 L.R.A. 521 j 
 
 40 L.R.A. (N.S.) 252. 
 
 5. Who liable for. 
 
 Criminal responsibility of corporation for. 
 
 2 B. R. C. 253. 
 Criminal liability of children for. 36 
 
 L.R.A. 203. 
 
 6. Indictment for. 
 
 See INDICTMENT, ETC., 26. 
 
 7. Defenses. 
 
 Impairment of memory as defense. 21 
 L.R.A. (N.S.) 993. 
 
 Instigation to offense of subornation of, as 
 a defense to prosecution. 30 L.U.A. 
 (N.S.) 953. 
 
 Judgment in original action as bar to 
 action by defeated action against ad- 
 verse party for perjury in procuring 
 it. 23 L.R.A.(N.S.) 134. 
 
 Acquittal of crime as bar to subsequent 
 prosecution of defendant for perjury 
 committed on the former trial. 39 
 L.R.A.(N.S.) 385; L.R.A.1917B, 743. 
 
 8. Effect of. 
 
 As ground for injunction against judgment, 
 see INJUNCTION, 53. 
 
 As ground for relief from judgment gen- 
 erally, see JUDGMENT, 96. 
 
 Right to resist judgment of sister state on 
 ground of false testimony. 32 L.R.A. 
 (N.S.) 924. 
 
 Effect on presumption of probable cause for 
 prosecution of fact that conviction was 
 procured by. 15 L.R.A. (N.S.) 1143. 
 
 Perjury and subornation of perjury as 
 grounds for civil actions. 24 L.R.A. 
 (N.S.) 265.
 
 INDEX TO L.R.A. NOTES. 
 
 1053 
 
 PERJURY cont'd 
 
 As ground for new trial. 51 L.R.A. (N.S.) 
 
 286. 
 Truth of charge of, as defense to action for 
 
 libel or slander. 31 L.R.A. (N.S.) 145; 
 
 50 L.R.A. (N.S.) 1043. 
 
 --* 
 
 PERMANENT EMPLOYMENT. 
 
 Contracts for permanent employment and 
 
 similar agreements. 50 L.R.A. (N.S.) 
 
 463. 
 Time for which contracts of, may be made 
 
 on behalf of corporation. 49 L.R.A. 
 
 475. 
 
 *--* 
 
 PERMISSIVE WASTE. 
 
 Liability of life tenant for. 33 L.R.A. 
 (N.S.) 672. 
 
 PERMIT. 
 
 For erection of building, see BUILDINGS, 2. 
 For burial, see CORPSE, 4. 
 
 To cut timber on public land. 70 L.R.A. 
 900. 
 
 Liability for work of independent con- 
 tractor performed under. 14 L.R.A. 
 834. 
 
 Effect of permit to keep explosives on in- 
 surer's liability for loss caused by ex- 
 plosion. 38 L.R.A. (N.S.) 476. 
 
 Power of municipality to require permit to 
 construct or repair buildings within its 
 limits. 13 L.R.A. (N.S.) 737. 
 
 Municipal liability for refusal to grant. 1 
 B. R. C. 349. 
 
 Municipal knowledge of defective work in 
 highway under permit. 20 L.R.A. 
 (N.S.) 705. 
 
 Burden of proof as to permit in prosecution 
 for sale of intoxicating liquor without 
 a license. 36 L.R.A. (N.S.) 98. 
 
 PERPETUAL LEASE. 
 
 Taxation of land under. 46 L.R.A.(N.S.) 
 284. 
 
 PERPETUATION OF TESTIMONY. 
 
 Equity jurisdiction for purpose of, see 
 DEPOSITION, 2. 
 
 PERPETUITIES. 
 
 1. Generally. 
 
 Conflict of laws as to. 2 L.R.A. (N.S.) 432. 
 
 Request in trust to maintain residence as 
 violating rule against perpetuities. 7 
 B. R. C. 441. 
 
 Validity of trust for sale to arise at ex- 
 piration of period defined by rule 
 against perpetuities. 7 B. R. C. 453. 
 
 Devises of life estates to unborn children of 
 living persons, as contravening the 
 rule against. 6 L.R.A. (N.S.) 330. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PERPETUITIES cont'd 
 
 Limitation of estate upon probate of will 
 as a violation of the rule against per- 
 petuities. 10 L.R.A. (N.S.) 564. 
 
 Options to purchase, and the rule against 
 perpetuities or against undue suspen- 
 sion of the power of alienation. L.R.A. 
 1917D, 904. 
 
 Contract for indefinite option, or indefinite 
 renewal of option, as perpetuity. 9 
 L.R.A.(N.S.) 913. 
 
 Allowing period for conversion of prop- 
 erty as violation of rule against per- 
 petuities or suspension of power of 
 alienation. 26 L.R.A. (N.S.) 724. 
 
 Allowing specified period for election to 
 take under devise or bequest as a viola- 
 tion of the rule against perpetuities, or 
 the suspension of the power of alien- 
 ation. 26 L.R.A. (N.S.) 825. 
 
 Validity of devise over upon indefinite ces- 
 sation of lineal descendants of first 
 taker, 3 L.R.A. (N.S.) 1143. 
 
 Effect of doctrine as to possibility of issue 
 extinct in determining whether rule 
 against perpetuities has been violated. 
 48 L.R.A. (N.S.) 867. 
 
 May a child en ventre sa mere be considered 
 as in being for purpose of rule against 
 perpetuities. 4 B. R. C. 492. 
 
 Right to damages for breach of option con- 
 tract which is not specifically enforce- 
 able because it contravenes the rule 
 against perpetuities. 4 B. R. C. 202. 
 
 2. Gifts to charities. 
 
 Effect of rule against, on enforcement of 
 
 general bequest for charity or religion. 
 
 14 L.R.A. (N.S.) 66. 
 Restrictions on alienation in devise of real 
 
 estate to religious society for specified 
 
 uses. 11 L.R.A. (N.S.) 523. 
 Effect of direction for accumulation upon 
 
 validity of charitable gift. 2 B. R. C. 
 
 880. 
 
 3. Effect of invalidity of gift because 
 of. 
 
 Effect on prior takers of the failure of a 
 gift because it violates the rule against 
 perpetuities. 20 L.R.A. 509. 
 
 Remainder void for remoteness; effect on 
 particular estate. 3 L.R.A. (N.S.) 639. 
 
 Effect of decree of distribution following a 
 testamentary disposition of property 
 void under the rule against perpetuities 
 or as unlawfully suspending the power 
 of alienation. 15 L.R.A. (N.S.) 900. 
 
 4. In respect to personal property. 
 
 Trust in respect to personal property. 3 
 L.R.A. 145 ;* 11 L.R.A. 89.* 
 
 PERQUISITES. 
 
 Meaning of term perquisites in statutes or 
 ordinances in relation to officers. L.R.A. 
 1918E, 675. 
 
 PERSONAL ACTIOrl. 
 
 To recover tax on property. 41 L.R.A. 
 (N.S.) 730.
 
 1054 
 
 ' INDEX TO L.R.A. NOTES. 
 
 PERSONAL APPEARANCE. 
 
 Prosecuting attorney's comments on defend- 
 ant's personal appearance as ground 
 for reversal. 46 L.R.A. 665. 
 
 PERSONAL BELIEF. 
 
 Assertions of personal belief by counsel in 
 argument to jury. L.R.A.1918D, 72. 
 
 PERSONAL COMFORT. 
 
 Municipal control over nuisance affecting, 
 see MUNICIPAL CORPORATIONS, 41. 
 
 PERSONAL CONDUCT. 
 
 Devise or legacy conditioned on conduct of 
 person other than the beneficiary. 
 L.R.A.1918E, 372. 
 
 PERSONAL CONTACT. 
 
 Liability of master for negligent injury to 
 third person through personal contact 
 with servant. 47 L.R.A. (N.S.) 142. 
 
 PERSONAL ENCOUNTER. 
 
 Necessity that death of insured by, be 
 reasonable and legitimate consequence 
 of violation of law in order to relieve 
 insurer. 13 L.R.A. (N.S.) 262. 
 
 PERSONAL EXPERIENCES. 
 
 Accounts of, hv counsel in argument to jury. 
 L.R.A.1918D, 73. 
 
 PERSONAL INJURIES. 
 
 1. Generally. 
 
 By animals, see ANIMALS, 9-16. 
 
 By automobile, see AUTOMOBILES. 
 
 By blasting, see BLASTING. 
 
 To passenger, see CARRIERS. 
 
 By electricity, see ELECTRICITY, III. 
 
 By explosion, see EXPLOSIONS AND EXPLO- 
 SIVES, 3-10. 
 
 By fright, see FRIGHT, 2, 3. 
 
 By frightening horse, see HORSES, 7-14. 
 
 By gas, see GAS, 11-35. 
 
 By fall of building, see WALLS. 3. 
 
 At place of amusement, see AMUSEMENTS, 
 5-7. 
 
 In areaway, see AREA WAYS, 2. 
 
 On elevator, see ELEVATORS, 3-7. 
 
 In excavation, see EXCAVATION, 2, 3. 
 
 On highway, see HIGHWAYS, VI. 
 
 Bey in with tJiis boolt on every law question. 
 
 PERSONAL INJURIES cont'd 
 
 On railroad track, see RAILROADS, 52-57 
 
 On street car track, see STREET RAILWAYS, 
 30-19. 
 
 On wharf or dock, see WHARVES, 7. 
 
 Defenses to actions for, see ACTION OR 
 SUIT, 15. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 22. 
 
 Constitutionality of requirement of notice 
 of, see CONSTITUTIONAL LAW, 188. 
 
 Measure of damages for, see DAMAGES. 
 7, 38, 57-67. 100. 303, 130. 
 
 Power to compel plaintiff in action for, ta 
 submit to physical examination, see 
 DISCOVERY AND INSPECTION^ 5. 
 
 Presumption of negligence from, see i\\i- 
 DENCE, III. g. 
 
 Opinion evidence as to cause of, see EVI- 
 DENCE, 187b. 
 
 Evidence of damages from, see EVIDENCE. 
 264. 
 
 Notice of, see HIGHWAYS. 306, 307; MAS- 
 TER AND SERVANT, 57, 64; MUNICIPAL. 
 CORPORATIONS. 304 L 307. 
 
 Through negligence generally, see NEGLI,- 
 
 GENCE. 
 
 New trial in personal injury case, see 
 NEW TRIAL. 
 
 Resulting from nuisance, see NUISANCES. 
 
 Proximate cause of, see PROXIMATE CAUSE* 
 
 Release of claim for, see RELEASE. 
 
 Violation of Sunday law as defense to- 
 action for, see SUNDAY, 7. * 
 
 Liability for injuries due to attempted 
 exercise of rights of navigation, see 
 WATERS, 18. > 
 
 What constitutes, within meaning of Work- 
 men's Compensation Act, see WORK- 
 ME.N'S COMPENSATION, 8. 
 
 Concealment or ignorance of cause of action 
 as suspending statute of limitation 
 against action for. L.R.A.1917B, 1259. 
 
 Accidental or reckless injury as an assault. 
 14 L.R.A. 227. 
 
 Assignability of cause of. action for'. 44 
 L.R.A. 177. 
 
 Acceptance of partial allowance by city of 
 claim for, as an accord and satis 
 faction. 42 L.R.A. (N.S.) 120. 
 
 Injury to person and to property at the 
 same time constituting more than one 
 cause of action. 50 L.R.A. 363; 36 
 L.R.A. (N.S.) 240; 53 L.R.A. (N.S.) 319. 
 
 Right to split elements of damages for per- 
 sonal injuries and maintain separate 
 actions thereon. L.R.A.1916B, 743. ' 
 
 Damages sustained on account of injuries to- 
 one's self and another at the same time, 
 as constituting one or more than one 
 cause of action. L.R.A.1917C, 544. 
 
 Abatement and revival of actions for, upo 
 death of plaintiff. L.R.A.1915E, 1104, 
 
 Pendency of action for personal injury as 
 abatement of action for death or vice 
 versa. L.R.A.1915E, 1132. 
 
 Judgment in action for. personal injury as 
 abatement of action for death or vice 
 versa. L.R.A.1915E, 1152. 
 
 Does right of action pass to trustee ip 
 bankruptcy or assignee in insolvency- 
 12 L.R.A/(N.S.) 1173.
 
 INDEX TO L.R.A. NOTES. 
 
 1055 
 
 PEESONAL INJURIES cont'd 
 
 Effect of statute declaring cause of action 
 for, survivable, to render it assignable. 
 27 L.R.A. (N.S.) 404. 
 
 Law governing as to survival of cause of 
 action or revival of action for. 5 
 L.R.A. (X.S.) 756. 
 
 Jurisdiction of admiralty over suit for in- 
 jury to stevedore/ 51 L.R.A. (N.S.) 
 1157. 
 
 Liability of infant for legal services in 
 action for personal injuries. 44 L.R.A. 
 (N.S.) 412. 
 
 Declarations explaining why person injured 
 or killed was at place of accident as res 
 gestrc. L.R.A.1915D, 503. 
 
 Physical condition of plaintiff after verdict 
 in action for personal injuries tending 
 to show falsity of testimony as to ex- 
 tent or character of his injury as 
 ground for new trial. L.R.A.1915B, 243. 
 
 Prenatal injury to infant as ground of 
 action. 45 L.R.A, (N.S.) 625. 
 
 Validity of contract to pay attending physi-: 
 cian percentage of damages recovered 
 for. 33 L.R.A. (N.S.) 87. 
 
 Probative effect oi admission by party of re' 
 sponsibility for. 15 L.R.A. (N.S.) 1096. 
 
 Power of equity to take jurisdiction be- 
 cause of multiplicity of actions at law 
 for personal injuries growing out of a 
 single tort. 20 L.R.A. (N.S.) 848; 35 
 L.R.A. (N.S.) 491. 
 
 Specification of particular bodily injuries 
 comprehended within general alle- 
 gation as excluding others otherwise 
 comprehended within such general 
 allegations. 27 L.R.A. (N.S.) 837. 
 
 Relation of new pleadings to statute of 
 limitations in actions for. 3 L.R.A. 
 (N.S.) 282; 47 L.R.A. (N.S.) 932. 
 
 Removal for separable controversy of 
 action for. 6 L.RJMN.S.) 93. 
 
 Requisites of special verdict in action for. 
 24 L.R.A.(N.S.) 21.. 
 
 Setting aside for inadequacy verdict in 
 actions for. 47 L.R.A. 39. 
 
 Contributory wilfulness as a defense against 
 an action for personal injury based on 
 wilfulness of defendant. L.R.A.1918D, 
 1195. 
 
 Power of court to require owner of prem- 
 ises or property to permit inspection in 
 negligence case. L.R.A.1917E, 838. 
 
 2. Who liable and to \vhom. 
 
 To passenger, see CARRIERS, 49-74. 
 
 To husband or wife, see HUSBAND AND WIFE, 
 
 SS 1)3-65. 
 
 To infant, see INFANTS, 37-40. 
 To guest at inn, see JNNKEEPERS, 10, 11. 
 To servant, see MASTER AND SERVANT, III. 
 'I'd pupil, see SCH.OOLS, :;22. 
 To seamen, see SEAMEN, "3. . 
 To volunteer, see VOLUNTEER, 3. 
 Liability of charitable institution for, see 
 
 CHARITIES. $ 12. 
 Liability on policy for, see INSURANCE, 
 
 159-171, 177-181. 
 Liability of person selling liquors to person 
 
 injured, see INTOXICATING LIQUORS, 
 
 38, 41. 
 Cvmnilt also L.R.A. Digests of Cases. 
 
 PERSONAL INJURIES cont'd 
 
 Landlord's liability, see LANDLORD AND TEN- 
 ANT, IV. d. 
 
 Master's liability for injury due to serv- 
 ant's negligence, see MASTER AND SERV- 
 ANT, IV. 
 
 Liability of manufacturer or seller, see NEG- 
 LIGENCE, 15. 
 
 Parent's liability for injury by child, see 
 PARENT AND CHILD, 10. 
 
 Claim against state for. 42 L.R.A. 69. 
 
 Personal liability of corporate officers or 
 directors for personal injuries from 
 torts in connection with business. 39 
 L.R.A.(N.S.) 901; L.R.A.1915C, 874. 
 
 Liability of community property for. 3G 
 L.R.A. (N.S.) 88. " A 
 
 Does bond of highway contractor cover per- 
 sonal injuries to members of publjc. 
 34 L.R.A.(N.S.) 152. 
 
 Liability for personal injury to one using 
 telephone. 36 L.R.A. (N.S.') 279. 
 
 PERSONAL, JUDGMENT. 
 
 In general, see JUDGMENT, 9, 10, 23; 
 
 MECHANICS' LIENS, 31. 
 On constructive service of process, see WRIT 
 
 AND PROCESS, 19. 
 
 PERSONAL KNOWLEDGE. 
 
 Witness's right to testify to character from. 
 22 L.R.A.(N.S.) 650. 
 
 PERSONAL LIABILITY. 
 
 For local assessment, see PUBLIC IMPROVE- 
 MENTS, 28. 
 
 PERSONAL LIBERTY. 
 
 Construction of penal statute as rule of. 
 12 L.R.A.(N.S.) 1081. 
 
 PERSONAL PROPERTY. 
 
 1. Generally. 
 
 Bailment of, SC^BAILMENT. 
 
 Mortgage of, see CHATTEL MORTGAGE. 
 
 Oral contracts relating to, see CONTRACTS, 
 34-36. 
 
 Equitable conversion into real property, 
 and vice versa, see EQUITABLE CONVER- 
 SION; WILLS, 116-118. 
 
 Insurance of, see INSURANCE. 
 
 Perpetuities as to, see PERPETUITIES, 4. 
 
 Pledge of, see PLEDGE AND COLLATERAL SE- 
 CURITY. 
 
 Possession of, see POSSESSION, 5-8. 
 
 Records of title to, see RECORDS AND RE- 
 CORDING LAWS, 9-11. 
 
 Return of goods, see RETURN, 2. 
 
 Specific performance of contract relating 
 to, see SPECIFIC PERFORMANCE, 14.
 
 1056 
 
 INDEX TO L.R.A. NOTES. 
 
 PERSONAL PROPERTY cont'd 
 Taxation of, see TAXES. 
 Equitable conversion into real property and 
 vice versa, see WILLS, 117. 
 
 Injury to, or expense of removing, person- 
 alty as an element of damage for tak- 
 ing real estate. L.R.A.1916D, 71!). 
 
 When personal representative is not en- 
 titled to possession of. 3 L.R.A. (N.S.) 
 704. 
 
 Abandonment of. 4 L.R.A. (N.S.) 573. 
 
 Statutory lien on property of third person 
 for rental of personal property let to 
 contractor for use in work of a lien- 
 able nature. 16 L.R.A.(N.S.) 585; 42 
 L.R.A. (N.S.) 872. 
 
 Applicability of rule in Shelley's Case to 
 remainder in. 29 L.R.A.(N.S.) 1036. 
 
 Partnership for dealing in. 18 L.R.A. 
 (N.S.) 1090. 
 
 Creation of partnership by provision for 
 taking profits from use of, as com- 
 pensation. 18 L.R.A. (N.S.) 1046. 
 
 Injury to, or expense of removing as ele- 
 ment of damage for taking real estate. 
 4 L.R.A. (N.S.) 890. 
 
 Liability to servants of other persons for 
 injuries caused by condition of. 46 
 L.R.A. 104. 
 
 Authority of agent to accept chattel in 
 payment of indebtedness due his prin- 
 cipal. 19 L.R.A. (N.S.) 324. 
 
 Right to plead inconsistent defense in ac- 
 tions relating to. 48 L.R.A. 197. 
 
 Removal for separable controversy of 
 actions relating to. 5 L.R.A. (N.S. ) 
 80. 
 
 What property other than realty may be 
 assessed for the construction and main- 
 tenance of levees. L.R.A.1917F, 1003. 
 
 Right of action for statements affecting 
 value of personal property, other than 
 goods sold or manufactured. 6 B. R. C. 
 509. 
 
 2. What constitutes. 
 
 What is ''personal property" within regis- 
 tration laws. L.R.A.1917C, 629. 
 
 Nature of interest of vendor or vendee in 
 land contract as real or personal prop- 
 erty. 57 L.R.A. 643. 
 
 Rights under optional land contract as real 
 or personal property. L.R.A.1916F, 
 358. 
 
 Railroad as. 66 L.R.A. 39. 
 
 Oil and gas lease as. 42 L.R.A. (N.S.) 
 472. 
 
 Injury from abandonment of highway as. 
 26 L.R.A. 665. 
 
 Classification of growing fruit as. 16 
 L.R.A. 103. 
 
 3. Passing as appurtenant. 
 
 As an appurtenance. 15 L.R.A. 653. 
 What articles will pass as appurtenances 
 on sale of. 8 L.R.A. (N.S.) 793. 
 
 4. Rights of husband and wife in. 
 Conflict of laws as to capacity of married 
 
 woman to contract with reference to. 
 
 57 L.R.A. 523. 
 
 PERSONAL PROPERTY cont'd 
 
 Power of legislature to change or destroy 
 husband's rights in wife's personal 
 property. 19 L.R.A. 259. 
 
 Husband's insurable interest in wife's per- 
 sonalty. 66 L.R.A. 660. 
 
 Tenancy by entireties in. 22 L.R.A. 594; 
 30 L.R.A. 317. 
 
 5. Transfer of. 
 
 Mortgage of, see CHATTEL MORTGAGE. 
 
 Sale of, see SALE. 
 
 Law governing validity of assignment of, 
 
 for creditors. 65 'L.R.A. 358. 
 Injunction against execution sale of. 30 
 
 L.R.A. 99. 
 Levy under execution or attachment on 
 
 rights under lease of. 17 L.R.A. (N.S.) 
 
 843. 
 Right to sell while in custody of law. 1 
 
 L.R.A.(N.S.) 1057. 
 Out of state, transfer of, by bankruptcy or 
 
 insolvency proceedings or assignment 
 
 for creditors. 23 L.R.A. 33. 
 Conveyance of chattels held adversely. 
 
 L.R.A.1916E, 72. 
 
 6. by will. 
 
 Conflict of laws as to testator's capacity to 
 dispose of. 2 L.R.A. (N.S.) 414. 
 
 Conflict of laws as to formal validity of 
 will disposing of. 2 L.R.A. (N.S.) 415. 
 
 Effect of probate in another state of will 
 disposing of. 48 L.R.A. 131. 
 
 Effect of bequest for life of chattels con- 
 sumable in the use. 16 L.R.A. (N.S.) 
 483. 
 
 7. Partition of. 
 
 Jurisdiction of equity to partition personal 
 property. 27 LlR.A.(X.S.) 618. 
 
 8. Recovery of possession of. 
 
 Assault in recapture of, see ASSAULT AND 
 
 BATTERY, 5. 
 
 Replevin for, see REPLEVIN. 
 Trover for, see TROVER. 
 
 PERSONAL REPRESENTATIVES. 
 
 See EXECUTORS AND ADMINISTRATORS. 
 
 PERSONAL RIGHTS. 
 
 Protection of, in equity, see EQUITY, 5. 
 
 Right to injunction to protect. 1 L.R.A. 
 (N.S.) 1147. 
 
 Begin Tvitli this fooofc on every law question. 
 
 PERSONAL SECURITY. 
 
 Liability of trustee who makes loan on 
 personal security only. 44 L.R.A. 
 (N.S.) 921.
 
 INDEX TO L.R.A. .NOTES. 
 
 1057 
 
 PERSONAL SERVICE. 
 
 Right of creditors in personal services of 
 debtor, see FRAUDULENT CONVEYANCES, 
 5. 
 
 Of process out of state, see WRIT AND PBOC- 
 
 ESS, 12. 
 
 Is combination to control the price of labor 
 or other personal service per se a vio- 
 lation of statute against trusts and mo- 
 nopolies. 23 L.R.A. (N.S.) 3260. 
 
 Contracts for, earnings thereunder and 
 causes of action for their breach as as- 
 sets in bankruptcy. 5 B. R. C. 268. 
 
 PERSONAL TAX. 
 
 Injunction against collection of illegal per- 
 sonal tax. 22 L.R.A. 708. 
 
 PERSONAL TRAITS. 
 
 Fraudulent concealment of, as ground for 
 avoiding promise of marriage. 26 
 L.R.A. 432. 
 
 PERSON OF COLOR. 
 
 Who is a person of color within statute not 
 speciiically defining the same. L.R.A. 
 
 1915A, 828. 
 
 PERSONS. 
 
 Corporations as, see CORPORATIONS, 9. 
 
 Persona: who or what is included in the 
 term "persons." 10 L.R.A. 222. 
 
 P1SRS3NS INTERESTED. 
 
 Who are persons interested entitled to con- 
 test will. L.R.A.1918A, 417. 
 
 PERSONS NOT IN BEING. 
 
 See AFTEBBOBN CHILDREN. 
 
 PER STIRPES. 
 
 See WILLS, 98. 
 
 PERUVIAN STRENGTHENING 
 ELIXIR. 
 
 Judicial notice of intoxicating character 
 of. 48 L.R.A. (N.S.) 316. 
 
 PERVERSION OF JUSTICE. 
 
 Publication of matters derogatory to parties 
 to litigation as an attempt to pervert 
 or obstruct course of justice. 2 B. R. C. 
 483. 
 
 Sending diseased persons to, see HEALTH, 
 
 2. 
 In general, see HOSPITALS. 
 
 PETITIONS. 
 
 For election, generally, see ELECTIONS, 10. 
 
 Initiative or referendum petition, see "IN- 
 ITIATIVE, REFERENDUM AND RECALL, 1. 
 
 Petition for recall, see INITIATIVE, REFER- 
 ENDUM, AND RECALL, 2. 
 
 For liquor license, see INTOXICATING LI- 
 QUORS, 11. 
 
 For public improvement, see PUBLIC IM- 
 PROVEMENTS, 3. 
 
 For removal of cause from state court, see 
 REMOVAL OF CAUSES, 12. 
 
 Institution of drainage proceedings by pe- 
 tition of land owner. 60 L.R.A. 106. 
 
 Sufficiency of petition for condemning rail- 
 road right of way for telegraph or tels- 
 phone line. 42 L.R.A. (N.S.) 238. 
 
 Right to withdraw names from. 11 L.R.A. 
 (N.S.) 372; 35 L.R.A. (N.S.) 1113. 
 
 For leave to file bill of review for newly 
 discovered evidence. 30 L.R.A. (N.S.) 
 1033. 
 
 Who may petition in relation to school 
 matters. 43 L.R.A. (N.S.) 293. 
 
 Civil liability of persons who join in peti- 
 tion addressed to public authorities. 
 L.R.A.1916D, 394. 
 
 PETROLEUM. 
 
 In general, see MINES, 33-38. 
 
 Keeping of. on insured premises. L.R.A. 
 1917C, 278. 
 
 Consult also L.R.A. Digests of Cases. 67 
 
 PEWS. 
 
 Rights of pew holders, see RELIGIOUS SOCIE- 
 TIES, 14. 
 
 Injunction against sale or other disposal of, 
 3 L.R.A.(N.S.) 871.
 
 1058 INDEX TO L.K.A. NOTES. 
 
 PHARMACISTS. 
 
 See DBUGS AND DRUGGISTS. 
 
 PHILANTHROPY. 
 
 Charitable devise or bequest for, see CHARI- 
 TIES. 
 
 PHONOGRAPH. 
 
 Use of, in evidence, see EVIDENCE, 157. 
 
 Perforated rolls and wax cylinders as Li- 
 fringemei.ts of copyright of sheet music. 
 2 B. R, C. 91. 
 
 PHOSPHORUS. 
 
 Keep'ig of, on insured premises. L.R.A. 
 1917C, 278. 
 
 PHOTOGRAPHERS. 
 
 Discrimination against nonresidents ry or- 
 dinance imp sing license tax on. 40 
 L.R.A.(N.S.) 291. 
 
 PHOTOGRAPHS. 
 
 As evidence, see EVIDENCE, 15G. 
 
 Weig*ht of, as evidence, see EVIDENCE, 
 309-311. 
 
 Libel by publication of, see LIBEL AND SLAN- 
 DER, 7. 
 
 See also PICTURES; PORTRAITS. 
 
 Right to use negative without the consent 
 of the party who has paid for it. 50 
 L.R.A. 397. " 
 
 Right to duplicate without consent of person 
 under contract with whom the original 
 was produced. 7 L.R.A. (N.S.) 362. 
 
 Right of photographer or artist to use pic- 
 ture for his own purposes. 42 L.R.A. 
 (N.S.) 386. 
 
 Right to take or retain, in rogue's gallery, 
 photograph of one accused of crime. 7 
 L.R.A.(N.SJ 274; 23 L.R.A.(N.S.) 
 739; L.R.A.1916A, 743. 
 
 Mental anguish as basis of action for loss 
 of. 47 L.R.A. (N.S.) 1120. 
 
 Right of action for use of photograph for 
 advertising purposes. L.R.A.1915C, 
 839; L.R.A.1918D, 1152. 
 
 PHYSICAL CONDITION. 
 
 As 
 
 affectiag testamentary capacity. 27 
 L.R.A.(N.S.) 27; L.R.A.1915A, 450. 
 As affecting admissibility of dying declara- 
 tions. 56 L.R.A. 381.' 
 
 PHYSICAL CONDITION <nt'd 
 Admissibility of evidence as to physical con- 
 dition of members of deceased's family 
 in action for death. 49 L.R.A. (N.S.> 
 737. 
 
 PHYSICAL i:iSABi:,ITY. 
 
 See DISABILITY, 2. 
 
 PHYSICAL EXAMINATION. 
 
 See DISCOVERY AND INSPECTION, 5. 
 
 PHYSICAL INCAPACITY. 
 
 Physical disability, see DISABILITY, 2. 
 
 Fraudulent concealment of, as ground for 
 avoiding pronrse of marriage. 26- 
 L.R.A. 431. 
 
 PHYSICAL INFIRMITIES. 
 
 As proof of testamentary incapacity. 27 
 L.R.A.(N.S.) 27; L.R.A.1915A, 450. 
 
 PHYSICAL IXJUUY 
 
 See PESSONAL INJURIES. 
 
 PHYSICAL LIFE. 
 
 Protection of personal rights relating to, 
 37 L.R.A. 784. 
 
 PHYSICAL SUFFERING. 
 
 Allowance for in fixing damages for death. 
 17 L.R.A. 72. 
 
 Right to recover for mental suffering on- 
 account of another's physical suffer- 
 ing. 19 L.R.A.(N.S.) 500. 
 
 As proximate result of discharging passen- 
 ger at improper place or one not his- 
 destination. 7 L.R.A. (N.S.) 1180. 
 
 Begin with this book on every law question. 
 
 PHYSICIANS AND SURGEONS. 
 
 7. In general, 1-5. 
 II. Public control and regulation of r 
 
 6-11. 
 
 III. Duty and liability to patient; mal- 
 practice, 12-16,
 
 INDEX TO L.R.A. NOTES. 
 
 1050 
 
 PHYSICIANS AND SURGEONS cont'd 
 IF. Negligence of, or failure to employ, 
 or obey commands of, as affect- 
 ing third person's liability, 
 17, IS. 
 
 F. Contracts and recovery for services, 
 19, 20. 
 
 I. In general. 
 
 1. Generally. 
 
 Allowance for mental anguish caused by 
 negligence in transmission of message 
 summoning physician, see DAMAGES, 
 102. 
 
 Physical examination by, see DISCOVERY 
 AND INSPECTION, 5. 
 
 Admissibility of opinions of, see EVIDENCE, 
 VIII. 
 
 Privileged communications to, see EVI- 
 DENCE, 221, 225. 
 
 Representations of insured as to consulta- 
 tion with, or attendance of, see INSUR- 
 ANCE, 96. 
 
 Sale of liquor on certificate of, see INTOXI- 
 CATING LIQUORS, 2] a. 
 
 Libel or slander of, see LIBEL AND SLANDER, 
 18. 
 
 Authority of servant to employ, see MAS- 
 TER AND SERVANT, 18, 18a. 
 
 Master's duty as to medical assistance, see 
 MASTER AND SERVANT, 58. 
 
 Master's liability for negligence of physi- 
 cian employed for injured servant, see 
 MASTER AND SERVANT, 59. 
 
 Master's liability for services of physician 
 employed for servant, see MASTER AND 
 SERVANT, 60. 
 
 Agent's authority to employ, see PRINCIPAL 
 AND AGENT, 14. 
 
 Furnishing or prescribing by physician of 
 habit-forming drugs. L.R.A.1918E, GfiO. 
 
 Authority of physician as agent of other 
 person to contract for services of third 
 persons. L.R.A.1918F, 66. 
 
 Specific performance of contract for sale of 
 practice. L.R.A.1918E, 628. 
 
 Private records or memoranda of, as evi- 
 dence of birth, death, etc. L.R.A. 
 1915F, 803. 
 
 Right of physician to complain of regula- 
 tions of beneficial association or em- 
 ployer as to employment of physician. 
 L.R.A.1916B, 839. 
 
 Conclusiveness of certificate of. as to cause 
 of deatli of insured. 44 L.R.A. 854. 
 
 As witness before grand jury. 28 L.R.A. 
 323. 
 
 How far use of mails by healers is fraud- 
 ulent. 70 L.R.A. 989. 
 
 Loss of opportunity to respond to a call for 
 professional services as ground for ac- 
 tion against telugrapa company. 14 
 L.R.A. (N.S.) 533. 
 
 Exemption of medical college from suit as 
 agency of state. 35 L.R.A. (N.S.) 243. 
 
 Practice of medic! e by corporation. 32 
 L.R.A. (N.S.) 56. 
 
 Effect of misrepresentations or undue in- 
 fluence by, to avoid release. 5 L.R.A. 
 (N.S.) 663; 50 L.R.A. (N.S.) 1091. 
 
 Voluntariness of confession to. 18 L.R.A. 
 (N.S.) 855. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PHYSICIANS AND SURGEONS, I. cont'd 
 Municipal power to provide, in epidemics. 
 26 L.R.A. 728. 
 
 2. Effect of sending for, and opinion 
 of, on admissibility of dying decla- 
 rations. 
 
 Sending for, as evidencing sense of impend- 
 ing death at time of (l ying declarations. 
 56 L.R.A. 414; 30 L.R.A. (N.S.) 398. 
 
 Expressions of physician's opinion as evi- 
 dencing sense of impending death at 
 time dying declarations were made. 56 
 L.R.A. 413; 30 L.RA.(N.S.) 397. 
 
 3. Criminal responsibility for failure 
 to provide. 
 
 Criminal responsibility for failure to pro- 
 vide child' with medical attendance and 
 remedies. 1 B. R. C. 747; 6 B. R. C. 
 464. 
 
 Religious belief as excuse for failure to fur- 
 nish medical aid to child. 36 L.R.A. 
 (N.S.) 633; 1 B. R. C. 747. 
 
 Effect of failure to provide medical attend- 
 ance to render one guilty of mansla i<;l)- 
 ter. 6 L.R.A.(N.S.) 685; 45 L.R.A. 
 (N.S.) 559. 
 
 4. Sale of practice; contracts not to 
 engage therein. 
 
 Validity of contract restraining practice of 
 profession after expiration of term of 
 service with another. 26 L.R.A. (N.S.) 
 961. 
 
 Validity of agreement by employee 'of phy- 
 sician not to engage in same profession, 
 as affected by scope in time and terri- 
 torial extent. 24 L.R.A. (N.S.) 936. 
 
 Validity of restrictive agreement ancillary 
 to sale of practice as affected by its tei- 
 ritorial scope. 24 L.R.A. (N.S.) 927: 
 L.R.A.igieC 1 , 629. 
 
 Right of physician selling good will of prac- 
 tice to solicit patronage of former pa- 
 tients. 10 L.R.A.(N.S.) 1200. 
 
 Remedy by injunction to restrain violation, 
 of agreement not to practise medicine- 
 or surgery within a certain territory- 
 L.R.A.1915B, 206. 
 
 5. Charges of, as element of dam- 
 ages. 
 
 Allowance for physician's services in action 
 for personal injuries, without evidence 
 of their value. 19 L.R.A. (N.S.) 920. 
 
 Cost of, as element of damages for injury by 
 dog. 37 L.R.A. (N.S.) 866. 
 
 Right to recover medical expenses of per- 
 son negligently killed. 2 B. R. C. 711. 
 
 //. Public control and regulation of. 
 
 6. Generally. 
 
 Right of physician to sell drugs without a 
 prescription. 46 L.R.A. (N.S.) 1. 
 
 Validity of statute or regulations affecting 
 right to practise medicine or surgery 
 of one who has practised in another' 
 state or is a nonresident. 49 L.R.A.f 
 (N.S.) 150. 
 
 Constitutionality of statute as to reporting 
 and registering births, deaths, etc. 3D 
 L.R.A.(N.S.) 1015.
 
 1060 
 
 INDEX TO L.R.A. NOTES. 
 
 PHYSICIANS AND SURGEONS, II. 
 
 cont'd 
 Review of action of medical beard. 20 
 
 L.R.A. 355. 
 
 7. What constitutes practice of medi- 
 cine. 
 
 What constitutes practising medicine with- 
 in the state. 4 L.R.A7(X.S.) 1023. 
 
 Midwifery as practice of medicine contra- 
 vening statute. 17 L.R.A.(N.S.) 94. 
 
 Administering domestic remedy for pay as 
 practising medicine. 12 L.R.A. (X.S.) 
 1094. 
 
 Application of statutes regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A. (X.S.) 
 762: 24 L.R.A. (X.S.) 103: 25 L.R.A. 
 (X.S.) 1297: 33 L.R.A. (N.S.) 179; 
 L.R.A.1917C, 822. 
 
 8. License of. 
 
 Of dentist, see DENTISTS. 
 
 Constitutionality of regulations as to prac- 
 tice: license. 14 L.R.A. 581. 
 
 Validity of statute creating prima facie 
 rule of evidence as to existence or non- 
 existence of license. L.R.A.1915C, 736. 
 
 Discrimination against nonresidents by stat- 
 ute or ordinance as to license. 40 
 L.R.A.(X.S.) 284. 
 
 Determining character or standing of pro- 
 fessional school for purposes of license 
 statute. 22 L.R.A.(X.S.) 735. 
 
 License to engage in medicine as a vested 
 right to continue in same. 8 L.R.A. 
 (N.S.) 1272. 
 
 Burden of proof as to. in suit to recover 
 for services. 8 L.R.A. (N.S.) 1238. 
 
 9. failure to procure. 
 
 Libel or slander by imputing incompetency 
 to unlicensed physician. 26 L.R.A. 327. 
 
 Effect of failure to procure license. 16 
 L.R.A. 425. 
 
 Right of unlicensed physician to act as 
 emplovee of licensed one. 44 L.R.A. 
 (X.S.) 1089. 
 
 Validity of contract by unlicensed physician. 
 12 L.R.A.(r.S.) "613. 
 
 Practising medicine, surgery, or dentistry 
 without a license as a continuing of- 
 fense. 42 L.R.A.(X.S.) 768. 
 i 
 . 10. revocation of. 
 
 Power to revoke license of. 1 L.R.A. (X.S.) 
 811. 
 
 Grounds for revoking phvsician's license. 
 8 L.R.A.(X.S.) 585; 17 L.R.A. ( X.S. i 
 439: 30 L.R.A. (X.S.) 783; L.R.A. 
 1915D, 1218. 
 
 Statute of limitations as a defense to revo- 
 cation of physician's license. 11 L.R.A. 
 iX.S.) 557;'L.R.A.1915D, 1218. 
 
 11. Diploma to. 
 
 Mandamus to compel issuance of diploma 
 
 by medical school. 3 L.R.A. (X.S.) 
 
 1115; L.R.A.1916B, 616. 
 
 Eer/in u-ith this 6oo7c on every taiv question. 
 
 PHYSICIAXS AND SURGEONS cont'd 
 
 III. Duty and liability to patient; mal- 
 practice. 
 
 12. Generally. 
 
 Confidential disclosures to, see EVIDENCE, 
 
 221, 225. 
 Liability of physician conducting private 
 
 hospital, see HOSPITALS, 4. 
 
 Mental suffering as element of damages in 
 action against physician or surgeon. 
 51 L.R.A. (X.S.) 36'. 
 
 Liability of physician to person treated 
 under employment by a third person. 
 L.R.A.1916D.' 650. 
 
 Liability for malpractice when serving gra- 
 tuitously. 14 L.R.A. 429. 
 
 Xegligent homicide by. 62 L.R.A. 287; 
 L.R.A.l 915D, 201. 
 
 Duty of physician called to reduce fracture 
 to guard against infection. 12 L.R.A. 
 (X.S.) 752. 
 
 Liability of physician or surgeon for failure 
 to diagnose fracture or dislocation. 28 
 L.R.A.(X.S.) 136. 
 
 Liability of physician as affected by other 
 calls on his services. L.R.A.1916B, 
 625. 
 
 Liability of physician or surgeon where 
 foreign material is left in incision. 46 
 L.R.A.(X.S.) 611. 
 
 Liability of physician for injuries resulting 
 from electrical or X-ray treatment. 28 
 L.R.A.(X.S.) 262; 43 L.R.A.(X.S.) 734. 
 
 Liability of operating surgeon for negligent 
 acts of interne or hospital nurse in car- 
 ing for patient. 27 L.R.A. (N.S.) 1174; 
 L.R.A.1918C, 134. 
 
 Liability of physician or surgeon for acts of 
 associate. 42 L.R.A. (N.S.) 785. 
 
 Physician's right to determine frequency of 
 visits to patient. 51 L.R.A. 298. 
 
 Time when limitation begins to run on lia- 
 bility for negligence or malpractice of. 
 15 L.R.A.(X.S.) 161. 
 
 Sufficiency as to general allegations of neg- 
 ligence. 59 L.R.A. 267. 
 
 Burden of proof as to contributory negli- 
 gence in action for malpractice. 33 
 L.R.A.(X.S.) 1213. 
 
 Proof necessary to discharge burden of 
 showing that the negligence or unskil- 
 fulness of the physician caused or con- 
 tributed to the death or injurv of the 
 patient. 15 L.R.A. (N.S.) 416." 
 
 Right of plaintiff in action for malpractice 
 to avail himself of privilege as against 
 testimony of defendant or other phy- 
 sicians. 20 L.R.A.(X.S.) 1003. 
 
 Recovery by physician as bar to action for 
 malpractice. 45 L.R.A. 541; 46 L.R.A. 
 (N.S.) 222. 
 
 Undertakings to defend malpractice suits 
 as insurance. 47 L.R.A. (N.S.) 292. 
 
 Recovery under Workmen's Compensation 
 Act for aggravation of injury by mal- 
 practice of physician and effect of the 
 act on independent cause of action, 
 therefor. L.R.A.1917D, 172.
 
 INDEX TO L.R.A. NOTES. 
 
 1061 
 
 PHYSICIANS AND SURGEONS, III. 
 cont'd 
 
 Release by person injured as affecting his 
 claim against physician or surgeon em- 
 ployed by other party. L.R.A.1918A, 
 22T. 
 
 13. Degree of care and skill required 
 of. 
 
 General duty of physician. 37 L.R.A. 830. 
 
 What lie undertakes to do. 37 L.R.A. 830. 
 
 Liable for what. 37 L.R.A. 832. 
 
 What are proper care and skill. 37 L.R.A. 
 835. 
 
 Degree of skill and care required of special- 
 ist. 20 L.R.A. (N.S.) 1030. 
 
 Liability of physician or surgeon for fail- 
 ure to follow established practice as to 
 method o! treatment. 37 L.R.A. (N.S.) 
 83G; L.R.A.1915C, 595. 
 
 Practice of his own school. L.R.A.1915C, 
 598. 
 
 No presumption against him. 37 L.R.A. 
 837. 
 
 Free service. 37 L.R.A. 837. 
 
 General reputation. 37 L.R.A. 838. 
 
 Who judges of skill. 37 L.R.A. 838. 
 
 Survival of action. 37 L.R.A. 838. 
 
 14. Performance of operation or 
 autopsy without consent. 
 
 Liability for performing surgical operation 
 without consent of patient. 1 L.R.A. 
 (N.S.) 439; 7 L.R.A.(N.S.) 009; '50 
 L.R.A. (N.S.) 880. 
 
 Liability for performing surgical operation 
 on minor wit.iout parent's consent. 7 
 L.R.A.(N.S.) 6]2; 41 L.R.A.(N.S.) 290. 
 
 Liability for damages for performing un- 
 authorized autopsy. L.R.A.1918D, 404. 
 
 8 15. Effect of patient's negligence. 
 
 Patient's own negligence or failure to follow 
 instruct! 'Mis as affecting liability of 
 phys'cian or surgeon for malpractice. 
 17*L.R.A.(N.S.) 1242. 
 
 16. Of person other than physician. 
 
 Duty and liability of one other than a phy- 
 sician or surgeon, who contracts to pro- 
 vide medical or surgical attention to an- 
 other. 36 L.R.A. (N.S.) 50; L.R.A. 
 1915D, 884. 
 
 IV. Negligence of, or failure to employ, 
 or oltcy commands of, as affecting 
 third person's liability. 
 
 17. Generally. 
 
 Liability of one causing personal injury as 
 affected by negligence or unskilfulness 
 of attending physician or surgeon. 17 
 L.R.A. 34; 48 L.R.A. (N.S.) 116. 
 
 Liability under accident policy for death 
 or injury resulting from surgical op- 
 eration or medical treatment. 26 L.R.A. 
 (N.S.) 1004; L.R.A.1915E, 955. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PHYSICIANS AND SURGEONS, IV. 
 
 cont'd 
 
 Criminal responsibility of one who inflicts 
 ' a wound on another resulting in 
 
 the latter's death, as affected bv 
 neglience or lack of skill in treat 
 ment or care of a wound. 22 
 L.R.A.(N.S.) 841; 28 L.R.A. 
 (N.S.) 605; L.R.A.1915F, 608. 
 
 18. Obeying or disobeying as affect- 
 ing remedy of injured person. 
 
 In action against physician, see supra, 15. 
 
 Generally. 49 L.R.A. 826; 48 L.R.A.(N.S.) 
 
 110. 
 Effect of obeying improper directions. 49 
 
 L.R.A. 826. 
 Effect of disobeying directions. 49 L.T1.A. 
 
 827. 
 Duty to submit to operation. 48 L.R.A. 
 
 (N.S.) 111. 
 
 V. Contracts and recovery for services. 
 
 19. Contracts. 
 
 Validity of contract to furnish a patient 
 medical services for life. 28 L.R.A. 
 (N.S.) 1112. 
 
 Effect of statute of frauds on parol contract 
 for employment of physician which may 
 but is not intended to be performed 
 within a year. 15 L.R.A. (N.S.) 32G. 
 
 Validity of contract by unlicensed physician. 
 12'L.R.A.(N.S.) 613. 
 
 20. Recovery. 
 
 Medical services as a family expense of 
 necessary within statute rendering wife 
 or her property liable therefor. L.R.A. 
 1917F, 863. 
 
 Amount of compensation for profjssional 
 services. L.R.A.1917A, 1267.' 
 
 Measure of compensation to physician em- 
 ployed to examine and report on phy- 
 sical condition of one who contempla- 
 tes bringing action for personal in- 
 juries. 25 L.R.A.(N.S.) 70. 
 
 Right of physician to recover for emergency 
 services rendered unconscious .person. 
 12 L.R.A. (N.S.) 1090. 
 
 Liability of relative for medical services to 
 pauper. L.R.A.1915E, 844. 
 
 Liability of public for medical services to 
 indigent person in absence of notice or 
 request. 9 L.R.A. (N.S.) 1234. 
 
 Liability of public for services of physicians 
 or surgeons rendered : prisoners. 50 
 L.R.A. (N.S.) .1223. 
 
 Validity of contract to pay attending physi- 
 cian percentage of damages recovered 
 for personal injury.. 33 L.R.A. (N.S.) 
 87. 
 
 Burden of proof as to physician's license in 
 suit to recover for services. 8 L.R.A. 
 (N.S.) 1238. 
 
 Allowance for physician's services in action 
 for personal injuries 'without evidence 
 of the value thereof. 19 L.R.A. (N.S..) 
 920. 
 
 Admissibility of books of account tq prove 
 professional services. 52 L.R.A. 698.
 
 1062 
 
 INDEX TO L.R.A. NOTES. 
 
 PHYSICIANS 
 cont'd 
 
 AND SURGEONS, V. 
 
 ConclusiveiK'SS of expert testimony as to 
 value of services. 42 L.R.A. 769. 
 
 Recovery by physician as bar to action for 
 malpractice. 45 L.R.A. 541; 46 L.R.A. 
 (N.S.) 222. 
 
 PIANO. 
 
 Exemption from seizure under execution. 
 
 44 L. It. A. (N.S.) 77. 
 
 PIAZZA. 
 
 Burglary by going upon. 40 L.R.A. (N.S.) 
 9!)9. 
 
 PICK. 
 
 Master's liability for injury by defects in. 
 51 L.R.A. (N.S.) 338. 
 
 PICKETING. 
 
 Law as to picketing. 4 L.R.A. (N.S.) 3C2; 
 
 50 L.R.A. (N.S.) 412. 
 Validity of statute or ordinance against. 
 
 L.R.A.1918C, 282. 
 
 PICTURE FRAME. 
 
 Sale of picture frame by hawkers and ped- 
 dlers, and persons soliciting orders by 
 sample or otherwise, as incidental to 
 transaction protected by commerce 
 clause. 19 L.R.A.(N.S.) 315; 28 L.R.A. 
 (N.S.) 266. 
 
 PICTURES. 
 
 Photograph, see PHOTOGRAPH. 
 Portrait, see PORTRAIT. 
 
 Unlawfulness of indecent pictures. 24 
 L.R.A. 110. 
 
 Common-law right in unpublished pictures. 
 1 B. R. C. 196. 
 
 Rights of employer and employee with re- 
 spect to pictorial work of employee. 1 
 B. R. C. 324. 
 
 Right of photographer or artist to use pic- 
 ture for his own purposes. 42 L.R.A. 
 (N.S.) 386. 
 
 Right to take or retain in rogues' gallery 
 picture of one accused of crime. 7 
 L.R.A.(N.S.) 274; 23 L.R.A. (N.S.) 739. 
 
 PIECEMEAL. 
 
 Right of municipality to secure public utili- 
 
 ties by, to avoid constitutional 
 limit. 12 L.R.A. (N.S.) 433. 
 
 debt 
 
 PIERS. 
 
 See WHARVES. 
 
 PIGS. 
 
 Keeping of, as a nuisance. L.R.A.1917C, 
 
 212. 
 
 PILOTS. 
 
 1. Generally. 
 
 License of, see LICENSE, 37. 
 
 Jurisdiction of admiralty of contracts of. 
 
 66 L.R.A. 229. 
 Eifect of omission to employ, on liability on 
 
 marine insurance policy. 1 L.R.A. 
 
 (N.S.) 1095. 
 
 2. Liability of vessel for compulsory 
 fees of. 
 
 What constitutes compulsory pilotage. 39 
 L.R.A. 177. 
 
 Consideration and construction of provisions 
 for. 39 L.R.A. 177. 
 
 Effect of constitutional restrictions. 39 
 L.R.A. 179. 
 
 Effect of national prohibition against dis- 
 crimination. 39 L.R.A. 181. 
 
 Effect of national provision for waters bj- 
 tween states. 39 L.R.A. 182. 
 
 Effect of Federal licenses and license laws. 
 39 L.R.A. 183. 
 
 Conditions of liability. 39 L.R.A. 183. 
 
 Outward-bound pilotage. 39 L.R.A. 189. 
 
 To whom and what the liability attaches. 
 39 L.R.A. 189. 
 
 The amount or rate. 39 L.R.A. 191. 
 
 j 3. Lien of. 
 
 Maritime lien for services of. 
 384. 
 
 70 L.R.A. 
 
 4. Negligence of. 
 
 Liability of pilot to owner of vessel hiring 
 him, for damage caused by his fault. 
 14 L.R.A.(N.S.) 1114. 
 
 Provision exempting carrier from liability 
 for loss from neglect or default of pilot 
 as extending to loss caused by negli- 
 gence. 6 B. R. C. 133. 
 
 Begin ivitli this boofc on eivrt/ latv question. 
 
 PINCH BARS. 
 
 Master's liability for injury by defect in. 
 L.R.A.(N.S.) 681. 
 
 13
 
 INDEX TO L.R.A. NOTES. 
 
 1063 
 
 PIPES AND PIPE LINES. 
 
 In street, see HIGHWAY, 22, 23. 
 
 Water pipes generally, see WATEBS, 112. 
 
 Pipe line companies as public utilities. 
 
 L.R.A.1918C, 855. 
 Persons laying as independent contractors. 
 
 65 L.R.A. 488. 
 
 Employer's liability for negligence of in- 
 dependent contractor in construction of. 
 
 65 L.R.A. 847. 
 
 Employer's nonliability for acts of independ- 
 ent contractor in laying of. 65 L.R.A. 
 
 648. 
 
 Pipe line as real estate for purpose of tax- 
 ation. 15 L.R.A. 299. 
 Taking of land for, as a public purpose. 22 
 
 L.R.A. (N.S.) 136. 
 Laying pipe through land as a taking for 
 
 which compensation must be made. 24 
 
 L.R.A.(N.S.) 230. 
 Validity of contract for exclusive right of 
 
 way for, across private property. 36 
 
 L.R.A.(N.S.) 456. 
 Prescriptive right by use of underground 
 
 water pipes. 2 L.R.A. (N.S.) 976. 
 Easement of way as including right to lay 
 
 pipes. L.R.A.1917F, 449. 
 Injury to trainman by pipes over track. 
 
 47 L.R.A. (N.S.) 499. 
 Obstruction of navigation bv, liability for. 
 
 59 L.R.A. 75. 
 Lien on pumping or power plant for pipes 
 
 laid in street. 42 L.R.A. (N.S.) 355. 
 Liability for damage to service mains by 
 
 excavating in street. L.R.A.1917E, 
 
 1094. 
 
 PIRACY. 
 
 Of copyright publication. 66 L.R.A. 448. 
 forfeiture of rights of innocent persons in 
 
 vessel used for piracy. L.R.A.1916E, 
 
 346. 
 
 PIRATES. 
 
 Admiralty jurisdiction of suit as to vessel 
 captured by. 66 L.R.A. 207. 
 
 PISTOL. 
 
 As weapon within statute against carrying 
 concealed weapons. 34 L.R.A. ( N .8. ) 
 1175. 
 
 As deadly weapon. 21 L.R.A. (N.S.) 500. 
 
 PITFALLS. 
 
 PLACE. . . 
 
 Of demand for payment of note,- see BirJLS 
 AND NOTES, 51. 
 
 Of ejection o$ passenger, see CARRIERS, 34. 
 
 Of delivery by carrier, see CARRIERS, 114. 
 
 Of filing or recording chattel mortgage, see 
 CHATTEL MORTGAGE, 20. 
 
 Of imprisonment, see CRIMINAL LAW, 82. 
 
 Of voting, see ELECTIONS, 12. 
 
 Of sale of liquor, see INTOXICATING LIQ- 
 UORS, 26, 27. 
 
 Of judicial sale, see JUDICIAL SALE, 5. 
 
 Of payment, see PAYMENT, 18. 
 
 Of business, see PLACE OF BUSINESS. 
 
 Of application for removal of cause from 
 state court, see REMOVAL OF CAUSES, 
 13. 
 
 Of trial, see VENUE. 
 
 Of signature to will, see WILLS, 23. 
 
 Of service of process, see WRIT AND PROC- 
 ESS, 11, 12, ]7. 
 
 Limitation as to in contract in restraint of 
 trade, see CONTRACTS, 108. 
 
 Judicial notice as to, see EVIDENCE, 14. 
 
 Allegations as to, in indictment, see IN- 
 DICTMENT, INFORMATION AND COM- 
 PLAINT, 5. 
 
 Master's duty as to safety of, see MASTER 
 AND SERVANT, III, a, 6. 
 
 Power of officer to act as determined by the 
 place of performance, see OFFICERS, 
 29. 
 
 Validity and effect of provision in carrier's 
 contract as to place of valuation of 
 propertv for purpose of determining 
 amount" of damages. L.R.A.1918B, 720. 
 
 Right of street railway company to limit 
 place of transfer. 8 L.R.A.(N.S.) -287; 
 52 L.R.A.(N.S.) 908. 
 
 Of signature, to satisfy statute of frauds. 
 L.R.A.1917A, 153. 
 
 Of location of mine. 7 L.R.A. (N.S.) 826. 
 
 Of examination of insured. 52 L.R.A. 426. 
 
 Under provision as to producing books and 
 papers. 41 L.R.A. 706. 
 
 Of making arrest as affecting officer's lia- 
 bility. 51 L.R.A. 214. 
 
 Of detention or delivery as affecting liabil- 
 ity of officer making arrest. 51 L.R.A. 
 218. 
 
 Of resale of goods on purchaser's refusal 
 to accept them. 42 L.R.A. (N.S.) 681, 
 685. 
 
 Of statements made sometime after accident 
 as affecting admissibility as res gestce. 
 42 L.R.A.(N.S.) 921. 
 
 PLACE OF BUSINESS. 
 
 Validity of classification in Sunday law as 
 to keeping open. 14 L.R.A.(N.S.) 
 1259; 32 L.R.A.(N.S.) 1190. 
 
 PLACE OF PUBLIC ACCOMMODA- 
 TION. 
 
 Nondelegabilitv of duty to protect servant What is, within meaning of Civil Rights 
 
 from. 54 'L.R.A. 78. Statute. L.R.A.] 918F, 829. 
 
 Consult also L.R.A. Digests of Cases.
 
 1064 
 
 INDEX TO L.R.A. NOTES. 
 
 PLACE OF TRIAL. 
 
 See VENUE. 
 
 PLACER MINE. 
 
 1. Generally. 
 
 Application of doctrine of lateral support 
 
 to. 68 L.R.A. 674. 
 Discovery in placer mining. 7 L.R.A. (N.S.) 
 
 831. 
 Size of placer claim. 7 L.R.A.(N.S.) 851. 
 
 2. Location of. 
 
 What may be located as placer claim. 7 
 
 L.R.A.(N.S.) 809. 
 
 Form of location. 7 L.R.A. (N.S.) 847. 
 Application to placer mining claims of rules 
 
 as to recording. 7 L.R.A. (N.S.) 867. 
 Notice of. 7 L.R.A. (N.S.) 838. 
 Marking of placer claims on the ground. 7 
 
 L.R.A.(N.S.) 862. 
 Necessity of marking on ground boundaries 
 
 of placer claims on surveyed land of 
 
 the United States. 3 L.R.A.(N.S.) 993. 
 
 3. Relocation. 
 
 Relocation of placer claims as abandoned or 
 forfeited. 68 L.R.A. 848. 
 
 PLAINTIFFS. 
 
 Parties plaintiff, see PARTIES, II. 
 
 PLAN. 
 
 Effect of filing plan on. amount of damages 
 
 in condemnation of proceedings. 26 
 
 L.R.A. 758. 
 Right of architect in plans prepared by 
 
 him. 3 B. R. C. 464^ 
 Right of architect to lien for furnishing. 
 
 ]fi L.R.A. 601. 
 Liability of architect to owner in regard to 
 
 plans. L.R.A.1918D, 893. 
 For establishment of drains and sewers. 
 
 60 L.R.A. 176. 
 Of municipality for disposing of surface 
 
 water. 65 L.R.A. 274. 
 Right of public to benefit of plans made or 
 
 prepared by officer or employee. L.R.A. 
 
 1917B, 1183. 
 
 PLANING MILLS. 
 
 Contributory negligence in continuing work 
 in, notwithstanding master's promise 
 to repair. 29 L.R.A. (N.S.) 602. 
 
 PLANT DISEASES. 
 
 PLATES. 
 
 Right to use engraved plates without con- 
 sent of party who has paid for same. 
 50 L.R.A. 397. 
 
 PLATFORM. 
 
 Carrier's liability for injury to passenger 
 
 on, see CARRIERS, 60. 
 Negligence of carrier as to, see CARRIERS, 
 
 70-72. 
 Contributory negligence in riding on, see 
 
 CARRIERS, 80. 
 
 Nondelegability of duty to protect servants 
 
 from defects in. 54 L.R.A. 77. 
 Duty of storekeeper towards customer as to 
 
 condition of. 21 L.R.A.(N.S.) 462; 
 
 L.R.A.1915F, 572. 
 Negligence of carrier in permitting space 
 
 between platforms of cars. L.R.A. 
 
 1916D, 1113. 
 
 PLATS AND MAPS. 
 
 Dedication by, see DEDICATION, 6. 
 
 Use of, by counsel in argument to jury. 
 L.R.AJ918D, 80. 
 
 Right of public to benefit of maps, plats. 
 etc. made by officer or employee. L.K.A. 
 1917B, 1183. 
 
 Boundaries on convevance by plat. 42 
 L.R.A. 509. 
 
 Constitutionality of law denying compeii-a- 
 tion for improvements made after filing 
 of map. 36 L.R.A. (N.S.) 278. 
 
 Effect of lines or other indications on re- 
 corded plat to create an implied cove- 
 nant. L.R.A.1917A, 458. 
 
 Validity and effect of deed or mortgage exe- 
 cuted in blank as to the land to be con- 
 veyed as affected by reference to map 
 or pla*. L.R.A.1918A, 1157. 
 
 PLAY. 
 
 Playing ball, see PLAYING BALL. 
 
 Author's rights at common law in. 9 
 L.R.A.(N.S.) 174; 43 L.R.A. (N.S.) 639. 
 Duty as to obstructions or defects in street 
 in case of children at play therein, 22 
 L.R.A. 561; 6 L.R.A. (N.S.) 905: 20 
 'L.R.A.(N.S.) 753; 34 L.R.A. (N.S.) 
 118; L.R.A.1916B, 947. 
 
 Reciprocal duty of driver of automobile and 
 child playing in street. L.R.A.1918A. 
 Validity and construction of statutory reg- 257. 
 
 illations as to infected orchards, trees Contributory negligence of child injured by 
 or crops. 43 L.R.A. (N.S.) 1080; vehicle while playing in street. L.R.A 
 
 L.R.A.1915F, 894. 1917F, 98. 
 
 with tltis book on erf-n/ Jair question.
 
 INDEX TO L.R.A. NOTES. 
 
 J 06."> 
 
 PLAY GROUNDS. 
 
 Power to exercise eminent domain for pur- 
 pose of. 48 L.R.A.(N.S-) 487. 
 
 PLAYING BALL. 
 
 Playing, on Sunday as an offense. 21 
 *L.R.A.(N.S.) 63'; 32 L.R.A.(N.S.) 1186. 
 
 PLEA. 
 
 In criminal cases, see CRIMINAL LAW, 
 
 56, 57. 
 Jn civil action, see PLEADING, 36-38. 
 
 PLEADING. 
 
 I. In general, 1-15. 
 
 a. Generall t/, 1-3. 
 
 b. Inconsistency ; profert; oyer, 
 
 4, 5. 
 
 bb. Defects \vaived or cured; 
 time for objections. 
 
 c. Judgment on; relief under, 
 
 G, 7. 
 
 d. Service of, S, 9. 
 
 e. Amendment; supplemental 
 
 pleading, 1O-12. 
 
 f. Witndrau-al; striking out; 
 
 mis joinder, 13-15. 
 II. Plaintiff's pleadings, 16-35. 
 
 a. In general, IS, 17. 
 v b. On contract liability, 18- 
 22. 
 
 c. Negligence, 23-3O. 
 
 d. Torts; frauds; undue influ- 
 ence, 31. 
 
 e. In divorce suit; estates of de- 
 
 cedents, 32, 33. 
 J. Injunction; judgment, 
 34, 35. 
 
 III. Defendant's pleadings, 36-3Sa. 
 
 IV. Cross bill, 39. 
 V. Reply, 4O. 
 
 VI. Demurrer, 41. 
 
 I. In general, 
 a. Generally. 
 
 1. Generally. 
 
 In criminal case, see CRIMINAL LAW, 56, 
 >7 ; INDICTMENT, ETC. 
 
 Admissibility of evidence under, see EVI- 
 DENCE, 329. 
 
 Variance between pleading and proof, see 
 EVIDENCE, 330-332. 
 
 Identity of, see IDENTITY AND IDENTIFI- 
 CATION, 11. 
 
 Conformity of judgment to pleadings, see | 
 JUDGMENT, 12. 
 
 Privileged nature of, see LIBEL AND SLAN- 
 DER, 29. 
 
 In mandamus proceeding, see MANDAMUS, j 
 1!>. 
 
 <"ojjs// a! so L.R.A. Digests of Cases. 
 
 PLEADING, I. a cont'd 
 Petition for removal of cause from state 
 court, see REMOVAL OF CAUSES, 12. 
 
 Propriety of arguments by counsel to jury 
 referring to or stating contents of 
 pleadings. L.R.A.1918D, 54. 
 
 Collateral attack upon judgment because of 
 insufficiency of pleadings, L.R.A.1916E, 
 316. 
 
 Right to open default to let in defense re- 
 lying on defects in adversary's plead- 
 ings. L.R.A.1916F, 842. 
 
 In actions on contracts stipulating for pre- 
 liminary arbitration. 47 L.R.A.(N.S.) 
 431. 
 
 Necessity of incorporating admission in 
 pleading. 61 L.R.A. 529. 
 
 Controlling effect on Federal courts of de- 
 cisions of state as to matters relating 
 to. 40 L.R.A. (N.S.) 451. 
 
 Effect of qualifying words "as executor," 
 "as administrator," in pleading. 15 
 L.R.A. 851. 
 
 Liability of attorney to client for mistake 
 in pleading. 52 L.R.A. 885. 
 
 Estoppel to deny facts pleaded to defeat 
 jurisdiction of court. 15 L.R.A. (N.S.) 
 423. 
 
 As affected by question whether suit for 
 statutory penalty is a civil or criminal 
 prosecution. 27 L.R.A. (N.S.) 745. 
 
 Perjury in statements involving matters 
 of* opinion or belief. 25 L.R.A. (N.S.) 
 654. 
 
 Responsiveness of special verdict to plead- 
 ings. 24 L.R.A. (N.S.) 41. 
 
 Admissions and waivers in pleadings b\ 
 fiduciaries. 32 L.R.A. 671. 
 
 Publication of pleadings derogatory to par- 
 ties to litigation as contempt of court. 
 2 B. R. C. 500. 
 
 Charges of adultery in pleadings as ground 
 for divorce to wife. 18 L.R.A. (N.S.) 
 311. 
 
 Necessity of pleading illegal enactment of 
 bill. 40 L.R.A.(N.S.) 37. 
 
 2. Verification. 
 
 Omitted verification to initial pleadings in 
 divorce suit as basis of attack on de- 
 crees. L.R.A.1917B, 469. 
 
 3. Denials upon information and be- 
 lief. 
 
 Denials upon information and belief, or of 
 knowledge or information sufficient, 
 to form belief, as to matters pre- 
 sumptively within pleader's knowl- 
 edge. 30L.R.A.(N.S.) 771. 
 Sufficiency of denial upon, in action on ne- 
 gotiable instrument. 66 L.R.A. 545, 
 554. 
 
 b. Inconsistency; profert; oyer. 
 
 4. Right to plead inconsistent de- 
 fenses. 
 
 Availability of plea of limitation and plea to 
 the merits against the same cause of ac- 
 tion. L.R.A.1917C, 71. 
 
 Inconsistency in single plea. 48 L.R.A. 177.
 
 1066 
 
 INDEX TO L.R.A. NOTES. 
 
 PLEADING, I. b cont'd 
 Original common-law rule as to inconsist- 
 ency between pleas. 48 L.R.A. 178. 
 The rule under the statute of Anne. 48 
 
 L.R.A. 178. 
 
 The rule in equity. 48 L.R.A. 183. 
 The rule under reform procedure. 48 L.R.A. 
 
 185. 
 
 Effect of inconsistency as a waiver or ad- 
 mission. 48 L.R.A. 203. 
 Inconsistency, how taken advantage of. 48 
 L.R.A. 208. 
 
 5. Profert; oyer. 
 
 Profert and oyer of unsealed instrument. 
 1 L.R.A.(N.S.) 777. 
 
 c. Judgment on; relief under. 
 
 6. Judgment on. 
 
 Judgment on; practice. 
 
 4 L.R.A. 239." 
 
 7. Relief under pleadings. 
 
 Right to recover for ordinary negligence 
 under allegation of gross, wilful, or 
 wanton negligence, or vice versa. 69 
 L.R.A. 601. 
 
 Right to obtain in suit in equity relief that 
 might be obtained at law where equi- 
 table jurisdiction is not established be- 
 cause of defectiveness of pleadings. 19 
 L.R.A.(N.S.) 1065. 
 
 Necessity that pleadings disclose legal cause 
 of action to entitle one to relief in 
 equity that might be obtained at law on j 
 failure to establish ground of equitable 
 jurisdiction. 19 L.R.A. (N.S.) 1077. 
 
 Effect of default judgment bevond scope of 
 relief asked. 11 L.R.A, (N.S.) 803. 
 
 d. Service of. 
 
 8. Time. 
 
 First and last days in computing time on. 
 
 49 L.R.A. 220. 
 Extension of time for, when last day falls 
 
 on Sunday. 14 L.R.A. 121. 
 Pendency of motion as extending time to 
 plead. 47 L.R.A. (N.S.) 853. 
 
 9. On holiday. 
 
 Service of, on holidays. 
 
 19 L.R.A. 319. 
 
 e. Amendment; supplemental pleading. 
 
 10. Amendment. 
 
 Amendment of indictment, see INDICTMENT, 
 
 ETC., 30. 
 Relation of new pleadings to statutes of 
 
 limitation, see LIMITATION OF ACTIONS, 
 
 64. 
 
 Amendment of, to cure defect for which 
 motion in arrest of judgment has been 
 made. 67 L.R.A. 179. 
 
 Amendment in suit by or against partner- 
 
 ship in firm name. 
 
 284. 
 
 29 L.R.A. (N.S.) 
 
 Amendment of complaint in action against 
 carrier for torts of servant to passen- 
 ger. 40 L.R.A. (N.S.) 1088. 
 
 PLEADING, I. e cont'd 
 
 Right to amend a common-law action for 
 personal injuries resulting in death into 
 a statutory action for death. 15 L.R.'A. 
 (N.S.) 1003. 
 
 Amendment of pleadings in proceeding to 
 perpetuate testimonv. 25 L.R.A. (N.S.) 
 680. 
 
 Amendment of pleading as discharge of 
 sureties on bonds given to dissolve at- 
 tachments or on bail, bonds in civil 
 actions. 42 L.R.A. (N.S.) 484. 
 
 Effect of failure of plaintiff in action on 
 contract to avail himself of his right 
 to introduce by amendment breaches of 
 contract occurring during the pendency 
 of his action. 8 L.R.A. (N.S.) 1197. 
 
 Right to accept favorable part of order al- 
 lowing amendments and appeal from 
 the rest. 29 L.R.A.(N.S.) 25. 
 
 Amendment of complaint in suit for di- 
 vorce or separation so as to show resi- 
 dence or domicil. 48 L.R.A. (N.S.) 
 779. 
 
 Amendment as to plaintiff in statutory ac- 
 tion for death. L.R.A.1916E, 172. 
 
 Amendment of pleadings in action under 
 Federal employers' liability act. L,R.A_ 
 1915C, 80. 
 
 11. time of. 
 
 Right to amend pleadings after final de- 
 cision on appeal. 18 L.R.A. (N.S.) 263. 
 
 Amendment of pleading in appellate court 
 to conform to proof. L.R.A.1916D, 841. 
 
 12. Supplemental pleading. 
 
 Right to set up judgment in other court by 
 amendment or supplemental complaint. 
 49 L.R.A. 285. 
 
 Supplemental bill in nature of bill to re- 
 view interlocutorv decree. 1 L.R.A. 
 (N.S.) 1029. 
 
 Supplementary pleadings ii\ proceeding to- 
 perpetuate testimony. 25 L.R.A. (N.S.) 
 680. 
 
 May original petition or complaint which 
 states no cause of action be aided 
 by supplemental pleading. L.R.A. 
 1916D, 676. 
 
 /. Withdrawal; striking out; mis join- 
 der. 
 
 13. Withdrawal. 
 
 Power of defendant's attorney to withdraw 
 answer and permit default judgment. 
 33 L.R.A. 515. 
 
 Jurisdiction of court to award custody of 
 child after prayer for divorce has been 
 withdrawn or dismissed. 35 L.R.A, 
 (N.S.) 1159; L.R.A.1917D, 976. 
 
 14. Striking out. 
 
 Power to punish disobedience to orders in. 
 
 case by striking pleadings. 4 L.R.A. 
 
 (N.S.) 1185; 27 L.R.A. (N.S.) 1062. 
 Striking out pleading to cure defect for 
 
 which motion in arrest of judgment haa 
 
 been made. 67 L.R.A. 182. 
 
 Begin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1067 
 
 PLEADING, I. f cont'd 
 15. Misjoinder. 
 
 Joinder of cause of action, see ACTION OR 
 
 SUIT, VI. 
 Joinder of parties, see PARTIES, 25, 36. 
 
 Right to join in one complaint claims of 
 ordinary and gross negligence arising 
 out of one state of facts. 31 L.R.A. 
 (N.S.) 158. 
 
 Right to join prayer for return of plaintiff's 
 property with prayer for divorce. 29 
 L.R.A.(N.S.) 819. 
 
 Right to join in one complaint claims of 
 ordinary and gross negligence arising 
 out of same state of facts. 31 L.R.A. 
 (N.S.) 158. 
 
 Alleging in single count two or more acts 
 of negligence capable of contributing to 
 injury. 27 L.R.A.(N.S.) 792. 
 
 Joinder of parties with alternative allega- 
 tions as to liability. 51 L.R.A. 
 (N.S.) 640. 
 
 17. Plaintiff's pleadings. 
 
 a. In general. 
 
 16. Generally. 
 
 Amendment of, see supra, 10, 11. 
 Reply, see infra, 40. 
 Demurrer, see infra, 41. 
 
 Right under statute to an order for the ex- 
 amination of an adverse party to en- 
 able one to frame his pleadings. 
 L.R.A.1918C, 590. 
 
 Necessity and sufficiency of allegations as to 
 unknown! parties in action against par- 
 ties designated as unknown. L.R.A. 
 1918F, 629. 
 
 Sufficiency of pleading to permit introduc- 
 tion of parol evidence that written in- 
 strument importing an absolute trans- 
 fer was intended to operate as a mort- 
 gage. L.R.A.1916B, 552. 
 
 Necessity of consistency in complaint with 
 respect to representative or individual 
 capacity of party. 1 L.R.A. (N.S.) 161. 
 
 May original petition or complaint which 
 states no cause of action be aided by 
 supplemental pleading. L.R.A.1916D, 
 676. 
 
 Necessity of pleading the statute of frauds. 
 49 L.R.A.(N.S.) 1. 
 
 Complaint as aiding defective summons. 
 44 L.R.A.(N.S.) 138. 
 
 Necessity that pleading in action by stock- 
 holder on behalf of the corporation 
 show demand upon, and refusal of, 
 board of directors to act. 51 L.R.A. 
 (N.S.) 107. 
 
 Joinder of parties with alternative allega- 
 tions as to liability. 51 L.R.A. (N.S.) 
 640. 
 
 Necessity for alleging that action for death 
 is within the statutory period. L.R.A. 
 191 5E, 1192. 
 
 In action against infant. 5 L.R.A. 178.* 
 
 In proceeding to perpetuate testimony. 25 
 L.R.A. (N.S.) 679. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PLEADING, II. a cont'd 
 
 Failure to allege filing of claims by creditors 
 
 and insufficiency of assets in action by 
 
 trustee in bankruptcy to recover assets 
 
 of estate or to set aside preference. 17 
 
 L.R.A.(N.S.) 350. 
 In suit for relief from mistake of law as to 
 
 effect of instrument. 28 L.R.A.(N.S.) 
 
 913. 
 In suit to set aside divorce decree. L.R.A. 
 
 1917B, 510. 
 
 16a. Necessity of theory of the case 
 in pleading. 
 
 In general. 50 L.R.A.(N.S.) 4. 
 
 Pleader's theory of facts. 50 L.R.A. (N.S.) 
 
 9. 
 Materiality of character of action. 50 
 
 L.R.A.(N.S.) 17. 
 Ascertainment of character of action. 50 
 
 L.R.A.(N.S.) 19. 
 
 17. Against telegraph company. 
 
 Pleading in action to recover damages for 
 mental anguish in telegraph cases. 
 49 L.R.A. (N.S.) 279. 
 
 6. On contract liability. 
 
 18. Generally. 
 
 Sufficiency of common counts under the 
 Code. 34 L.R.A.(N.S.) 364. 
 
 Pleading as to secondary contract abrogat- 
 ing or altering prior contract. L.R.A. 
 1915B, 68. 
 
 Recovery on common counts by one who 
 abandons a contract for work or labor 
 or services without cause or justifica- 
 tion. L.R.A. 1916E, 790. 
 
 In action on contract in violation of law. 
 12 L.R.A. (N.S.) 622. 
 
 Necessary allegations in action of account 
 between cotenants. ; 28 L.R.A. 850. 
 
 In action by wrongfully discharged servant 
 for damages from breach of contract. 
 6 L.R.A.(N.S.) 64, 
 
 In action by lessor against lessee for 
 breach of covenant as to payment of 
 taxes and assessments. L.R.A.1915A, 
 362. 
 
 In actions on contracts stipulating for pre- 
 liminary arbitration. 47 L.R.A. (N.S.) 
 431. 
 
 Pleading in action on subscription for 
 charity. 48 L.R.A.(N.S.) 807. 
 
 In action to recover purchase price where 
 purchaser has wrongfully repudiated 
 his contract. 51 L.R.A. (N.S.) 760. 
 
 In litigation between promoters as to pro- 
 motion contracts. L.R.A.1918E, 851. 
 
 Duty of insured to negative death or acci- 
 dent from excepted cause in action on 
 insurance policy. 50 L.R.A.(N.S. ) 
 1006. 
 
 1!). Bills and notes. 
 
 In action to enforce obligation payable in 
 coin. 29 L.R.A. 597. 
 
 20. against indorser. , 
 
 Complaint against indorser of note. 
 L.R.A.(N.S.) 563. 
 
 IS
 
 1068 
 
 INDEX TO L.R.A. NOTES. 
 
 PLEADING, II. b cont'd 
 21. Bonds. 
 
 iu action on bond delivered without the 
 signature of the principal obligor. 
 L.R.A.(N,S.) 1122. 
 
 S 22. Specific performance. 
 
 Necessity, in complaint for specific perform- 
 
 PLEADING, II. c cont'd 
 Application of rules to breach of contract- 
 ual duty. 59 L.R.A. 267. 
 
 12 Application of rules to maintenance of pub- 
 lic nuisance. 59 L.R.A. 269. 
 ^Application of rules to maintenance of de- 
 fective or unsafe premises to struc- 
 tures. 59 L.R.A. 270. 
 
 a nee of alleging adequacy of considera- 
 tion for contract sought to be enforced. 
 1!) L.R.A.(N.S.) 178. 
 In action for specific performance of con- 
 tract to give security. 6 L.R.A. (N.S.) 
 597. 
 
 c. Neyligencc. 
 
 23. Generally. 
 
 Pleading particular cause of injury as waiv- 
 er of right to rely on res ipsa loquitur. 
 24 L.R.A.(N.S.) 788; L.R.A.1915F, 
 992. 
 
 Ellect of specification of particular bodily 
 injuries comprehended within general 
 allegation to exclude others otherwise 
 comprehended within general allegation. 
 27 L.R.A. (N.S.) 837. 
 
 Alleging in single count two or more acts 
 of negligence capable of contributing 
 to injury. 27 L.R.A. (N.S.) 792. 
 
 Right to join in one complaint claims of 
 ordinary and gross negligence arising 
 out of same state of facts. 31 L.R.A. 
 (N.S.) 158. 
 
 In private action for violation of statute 
 not expressly conferring right of action. 
 9 L.R.A.(N'.S.) 390. 
 
 In action for injuries received through 
 fright of horse by automobile on high- 
 way. 48 L.R.A.(N.S.) 966. 
 
 24. Sufficiency of general allegations 
 of negligence. 
 
 (.m-rally. 59 L.R.A. 210. 
 
 The rule as generally stated. 59 L.R.A. 210. 
 
 More particular statement of the rule. 59 
 
 L.R.A. 211. 
 
 Reasons for rule. 59 L.R.A. 214. 
 Averment of duty as an element of negli- 
 
 genoc. 50 I/R.A. 214. 
 The rule as affected by necessity of notice 
 
 of nature of claim'. 59 L.R.A. 216. 
 Effect of the nature of the negligence or 
 
 wrong. 59 L.R.A. 217. 
 The rule as affected by method of asserting 
 
 defect. 50 L.'R.A. 218. 
 The rule as affected by accompanying al- 
 
 1 legation of facts. 59 L.R.A. 221. 
 Application of rules to negligence of ordi- 
 nary railroads. 59 L.R.A. 222. 
 
 The rule as to pleading contributory negli- 
 gence. 59 L.R.A. 275. 
 
 25. As to animals. 
 
 Sufficiency of general allegations of negli- 
 gence in keeping dangerous animals. 59 
 L.R.A. 272. 
 
 Necessity of alleging negligence in mode of 
 keeping animal known to be dangerous. 
 2 B. R. C. 21. 
 
 26. Of master. 
 
 Sufficiency of general allegations of master's 
 negligence. 59 L.R.A. 252. 
 
 As to master's knowledge as element of lia- 
 bility. 41 L.R.A. 145. 
 
 Complaint alleging breach of one or more 
 absolute duties of master. 54 L.R.A. 
 61. 
 
 Sufficiency of complaint in action under 
 Federal employers' liability act. 47 
 L.R.A.(N.S.) 74; L.R.A.1915C, 78. 
 
 27. In respect to highway. 
 
 Sufficiency of general allegations of negli- 
 gence as to highway. 59 L.R.A. 248. 
 Sufficiency of allegation of facts in regard 
 j to defect in street or highway, in action 
 against municipal corporation for in- 
 juries received therefrom. 21 L.R.A. 
 (N.S.) 42. 
 
 In actions against township for defects in 
 highway. 13 L.R.A. (N.S.) 1243. 
 
 28. Of carrier or railroad company. 
 
 Sufficiency of general allegations of negli- 
 gence of carriers. 59 L.R.A. 239. 
 j Sufficiency of averments of negligence of car- 
 rier causing injury to passenger. 13 
 L.R.A. (N.S.) 602; 29 L.R.A. (N.S.) 
 809; L.R.A.1916C, 366. 
 
 Sufficiency of general allegations of negli- 
 gence of ordinary railroads. 59 L.R.A. 
 222. 
 
 In private action for violation of police or- 
 dinance affecting operation of railroads. 
 5 L.R.A. (N.S.) 215. 
 
 Requisites of averments in complaint as to 
 causal connection between violation of 
 law or ordinance by a railroad company 
 and injury. 8 L.R.A.(N.S.) 987. 
 
 Application of rules to negligence of" street ! ^cessity and sufficiency of allegation as 
 
 railroads. 59 L.R.A. 238. 
 
 Application of rules to negligence of car- 
 riers. 59 L.R.A. 230. 
 
 Application of rules to municipal negligence. 
 59 L.R.A. 248. 
 
 to time of injury to persons or prop- 
 erty on railroad track. L.R.A.1915A, 
 
 781. 
 
 contributory negli- 
 
 29. Negativing 
 gence. 
 
 Application of rules to negligence of em- j x ecess j tv as to alleging freedom from con- 
 
 ployer injuring employee. 59 
 L.R.A. 252. 
 Application of rules to breach of official 
 
 duty. 59 L.R.A. 267. 
 
 Application of rules to improper perform- 
 aiice of professional duty. 59 L.R.A. 
 267. 
 
 tributory negligence. 
 1152. 1201. 
 
 33 L.R.A.(N.S.) 
 
 30. Recovery for ordinary negligence 
 under allegation of gross, wilfnl, or 
 wanton negligence or vice versa. 
 
 Generally. 69 L.R.A. 601. 
 
 with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1069 
 
 PLEADING, II. c cont'd 
 
 Allegation of wilful or gross negligence. 69 
 L.R.A. (502. 
 
 Allegation of reckless or wanton negligence, 
 or both, 69 L.R.A. 608. 
 
 Recovery on allegation of ordinary negli- 
 gence, on proof of wilful or gross neg- 
 ligence. 6!) L.R.A. 608. 
 
 Under statute or ordinance. 69 L.R.A. 632. 
 
 <l. Torts; fraud; \unlue influence. 
 
 I PLEADING cont'd 
 
 
 ///. Defendant's pleadings. 
 
 36. Generally. 
 
 Denial on information and belief, see supra, 
 
 3. 
 
 Inconsistency in defenses, see supra, 4. 
 Cross bill, see infra, 30. 
 Demurrer, see infra. 41. 
 Plea in criminal case, see CRIMINAL LAW, 
 
 56. 
 
 31. Generally. 
 
 Recovery of money or property obtained by j 
 fraud, under the common-law count for j 
 money had and received. L.R.A. 1918F, ! 
 439. 
 
 Necessity of averring seduction in order to 
 recover therefor in an action for breach - 
 of promise. 33 L.R.A. (N.S.) 702. 
 
 In action against carrier for wilful tort of I 
 servant to passenger. 40 L.R.A. | N.S. ) i 
 1085. 
 
 Pleading in prosecution for violation of 
 hours of service laws. L.R.A.1015D, 
 422; L.R.A.1917A, 1207. 
 
 Pleading in action for defamation of un- 
 named person. 48 L.R.A. (N.S.) 361. 
 
 Pleading in suit to set aside on ground of I 
 undue influence in conveyance of prop- j 
 erty in consideration of support of tin: ! 
 grantor or a third person. 52 L.R.A. | 
 (N.S.) 482. 
 
 j 
 
 c. In divorce suit; estates of decedents. 
 
 32. In divorce suit. 
 
 Attack on divorce decree resting upon in- 
 firmities of pleading in divorce suit. ' 
 L.R.A. 1917B, 468. 
 
 In action for divorce for habitual drunken- i 
 ness. 34 L.R.A. 452. j 
 
 Necessity of alleging jurisdictional residence j 
 in divorce proceedings. 12 L.R.A. ! 
 (N.S.) 1197. 
 
 Right to join prayer for return of plaintiff's 
 property with prayer for divorce. 29 
 L.R.A.(N.S.) 819. 
 
 Amendment of complaint in suit for di- 
 vorce or separation so as to show resi- 
 dence or domicil. 48 L.R.A. ( N..S.) 
 779. 
 
 g 33. Kstates of decedents. 
 
 In suit against heirs on obligations of an- i 
 cestor. 21 L.R.A. 92. 
 
 /. Injunction; judgment. 
 
 34. Injunction. 
 
 In suit to enjoin collection of purchase mon- 
 ey where title to land is defective. 7 j 
 L.R.A. (N.S.) 461. 
 
 Necessity of alleging fraud in use of geo- 
 graphical name as a trademark or trade 
 name or on the ground of unfair compe- 
 tition. 26 L.R.A. (N.S.) 75. 
 
 35. Judgment. 
 
 How judgment pleaded. 4 L.R.A. 685.* 
 
 Consitlt also L.It. A. Digests of Cases. 
 
 Right under statute to an order for the ex- 
 amination of adverse party to enable de- 
 fendant to frame his pleadings. L.R.A. 
 1918C, 598. 
 
 As to omission of stamp from instrument. 
 48 L.R.A. 317. 
 
 Of failure of consideration as defense to 
 action on purchase price note. 39 
 L.R.A. (N.S.) 949. 
 
 Estoppel to plead defense of limitations. 63 
 L.R.A. 193. 
 
 Pleading truth as a defense to a civil ac- 
 tion for libel or slander. 21 L.R.A. 
 511: 31 L.R.A.(N.S.) 138; 50 L.R.A. 
 (N.S.) 1042. 
 
 How defense pleaded in action for damages 
 for wrongful discharge of servant. 6 
 L.R.A.IN.S.) 79. 
 
 Pleading other employment in mitigation 
 or reduction of damages for wrongful 
 discharge of servant. 6 L.R.A. (N.S.) 
 107. 
 
 Sufficiency of general averment of want of 
 consideration. L.R.A.1917F, 581. 
 
 Sufficiency of general allegations of con- 
 tributory negligence. 59 L^R.A. 275. 
 
 Sufficiency of, in action under Federal em- 
 ployers' liability act. 47 L.R.A. (N.S.) 
 76:'L.R.A.1915C, 79. 
 
 As to excuse for violation of hours of serv- 
 ice laws. L.R.A.1915D, 422; L.R.A. 
 1917A, 1207. 
 
 Sufficiency of allegations as to misstate- 
 ments by insured respecting family his- 
 tory. L.R.A.1917C, 876. 
 
 Of condonation of matrimonial offense. 
 6 B. R. C. 671. 
 
 Nature and form of plea of alien enemy. 
 5 B. R. C. 590. 
 
 In actions on contracts stipulating for pre- 
 liminary arbitration. 47 L.R.A. (N.S. ). 
 431. 
 
 37. What must be pleaded. 
 
 Defenses available under general denial or 
 a plea of the general issue in action of 
 ejectment. L.R.A. 1918F, 247. 
 
 Availability of breach of warranty as de- 
 fense in replevin or claim and delivery 
 where not specially pleaded. 34 L.R.A. 
 (N.S.) 473. 
 
 Necessity of pleading limitation as bar to 
 statutory action for death. 26 L'.R.A. 
 (N.S.) 1221. 
 
 Necessity that plea of justification or privi- 
 lege' correspond to the words imputed 
 to the defendant by the complaint in 
 an action for libel'. 28 L.R.A. ( N.S. Ji 
 551.
 
 1070 
 
 INDEX TO L.R.A. NOTES. 
 
 PLEADING, III. cont'cl 
 
 Effect of failure of personal representative 
 
 to plead statute of limitations as to an 
 
 indebtedness of the estate as a waiver 
 
 thereof. L.R.A.1915B, 1048. 
 Condonation of matrimonial offense. 6 B. 
 
 R. C. 671. 
 
 37a. statute of frauds. 
 
 Necessity of pleading the statute of frauds. 
 49 L.R.A. (N.S.) ]. 
 
 38. General denial. 
 
 Defenses available under general denial or 
 a plea of the general issue in action of 
 ejectment. L.R.A.1918F, 247. 
 
 Availability of plea of limitation and plea 
 of general issue against same cause of 
 action. L.R.A.1917C, 72. 
 
 Effect of general denial on necessity for 
 proving freedom from contributory neg- 
 ligence. 33 L.R.A. (N.S.) 1157. 
 
 Sufficiency of general denial to raise defense 
 of statute of frauds. 49 L.R.A. (N.S.) 
 11. 
 
 38a. Denying ownership of plaintiff 
 in action on negotiable instruments. 
 
 Actions by third parties. 66 L.R.A. 513. 
 Actions by immediate parties. 66 L.R.A. 
 550. 
 
 IV. Cross bill. 
 
 39. Generally. 
 
 Use of cross bill or cross complaint to bring 
 in new parties. 26 L.R.A. (N.S.) 127. 
 
 Right to set up by cross bill inequitable 
 conduct of plaintiff in respect to sub- 
 ject-matter not involved in the original 
 bill. 13 L.R.A.(N.S.) 408. 
 
 In action to remove cloud on title by de- 
 fendant not in possession. 12 L.R.A. 
 (N.S.) 64. 
 
 When local venue be disregarded upon the 
 ground that the action or proceeding 
 is ancillary or incidental, in case of 
 cross bill seeking affirmative relief. 
 L.R.A.1916D, 1135. 
 
 V. Reply. 
 
 40. Generally. 
 
 Effect of reply to restore right of plaintiff 
 to open and close after making of ad- 
 mission. 61 L.R.A. 559. 
 
 Departure in reply, in actions for conver- 
 sion. 8 L.R.A. (N.S.). 291. 
 
 VI. Demurrer. . 
 
 41. Generally. 
 
 Conclusivehess of judgment on, see JUDG- 
 
 ' MENT , 31. 
 
 Sufficiency of general allegations of negli- 
 gence as against demurrer. 59 L.R.A. 
 218. 
 
 Raising objection of duplicity by demurrer. 
 49 L.R.A. (N.S.) 454. 
 
 May a demurrer to a separate defense be 
 ' carried back to the complaint, where 
 the defendant has also pleaded a gen- 
 eral denial. 26 L.R.A. (N.S.) 117. 
 
 PLEADING, VI. confd 
 
 Sufficiency on demurrer of allegation of facts 
 in regard to defect in street or highway 
 in action against municipality for in- 
 juries received therefrom. 21 L.R.A. 
 (N.S.) 42. 
 
 Right of one defendant to benefit of other's 
 demurrer. 33 L.R.A. (N.S.) 310. 
 
 Collateral attack for fraud not affecting ju- 
 risdiction on judgment on demurrer. 36 
 L.R.A. (N.S.) 984. 
 
 PLEDGE AND COLLATERAL SE- 
 CURITY. 
 
 /. In general, 1-3. 
 II. Validity; delivery; effect, 4-6. 
 III. Rights, duties, and liabilities of 
 parties and third persons, 
 7-14. 
 
 a. In general, 7-1O. 
 
 b. Sale, 11-14. 
 
 I. In general. 
 
 % 1. Generally. 
 
 Of corporate stock, see CORPORATIONS, 
 92-94, 113. 
 
 Taking and pledging property with intent 
 to return it, as larceny. 52 L.R.A. 
 (N.S.) 1017. 
 
 Parol evidence that a written instrument 
 importing a complete transfer of title 
 was intended to operate as a pledge. 
 L.R.A.1916B, 18. 
 
 Manner of pledging or assigning book ac- 
 count. 27 L.R.A. (N.S.) 666. 
 
 Interpleader between pledgeor and plcd-<><'. 
 10 L.R.A. (N.S.) 757. 
 
 Effect of payment on security held as col- 
 lateral to stay running of statute 
 against principal obligation. 12 L.R.A. 
 (N.S.) 1032. 
 
 Merger of mortgage by conveyance from 
 mortgagor to mortgagee where mort- 
 gage had previously been assigned as 
 collateral. 39 L.R.A.(N.S.) 841. 
 
 Effect on negotiability of bill or note of 
 provision accelerating maturity on at- 
 tempt to dispose of collateral security. 
 35 L.R.A. (N.S.) 393; L.R.A.1915B, 472. 
 
 2. As distinguished from chattel 
 mortgage. 
 
 Distinguished from chattel mortgage; con- 
 sideration. 4 L.R.A. 305.* 
 
 3. Authority for. 
 
 By agent, of principal's property. 14 L.R.A. 
 
 234. 
 Authority of traveling salesmen to pledge 
 
 principal's credit for traveling expenses. 
 
 18 L.R.A. 667. 
 
 II. Validity; delivery; effect. 
 
 4. Validity. 
 
 Pledge of corporate stock, see CORPORATIONS, 
 92. 
 
 Pledge of securities by insolvent bank as an 
 unlawful preference. L.R.A.1917A, 701. 
 
 Begin ivith this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1071 
 
 PLEDGE AND COLLATERAL SECURITY, 
 II. cont'd 
 
 Power of national bank to take stock of 
 other corporation as collateral secur- 
 ity. L.R.A.1916A, 586. 
 
 Power of bank to pledge assets to secure 
 depositor. 45 L.R.A.(N.S.) 950. 
 
 Validity of promissory note given as col- 
 lateral to invalid oral agreement within 
 statute of frauds. 18 L.R.A. 142. 
 
 Validity of assignment of life policy as col- 
 lateral security to one paving pre- 
 miums. 3 L.R.A. (X.S.) 951." 
 
 Assignment as collateral security for a debt 
 as within provision against assignment 
 of insurance policy. L.R.A.1918D, 1160. 
 
 Voidability of pledge within four months 
 of bankruptcy given pursuant to execu- 
 tory agreement antedating such period. 
 17 L.R.A. (N.S.) 9:)7. 
 
 5. Delivery or change of possession. 
 
 Setting aside pledged or mortgaged proper- 
 ty retained by pledgeor or mortgagor 
 on his own premises or under his own 
 control as a delivery of change of pos- 
 session. 25 L.R.A. (N.S.) 525. 
 
 Issuance and delivery by warehouseman of 
 receipt for his own property as a con- 
 structive transfer of possession essen- 
 tial to valid pledge. 16 L.R.A. (N.S.) 
 227; 30 L.R.A. (N.S.) 552; 52 L.R.A. 
 (N.S.) 754. 
 
 6. Effect. 
 
 On rights of parties and third persons, see 
 
 infra, III. 
 Sufficiency of pledge to secure loan by 
 
 trustee, see TRUSTS, 26a. 
 
 How far may pledge be effectual of which 
 the pledgeor's agent is made depositary. 
 25 L.R.A. 577. 
 
 As ground for attachment. 30 L.R.A. 479. 
 
 Effect of taking collateral security upon 
 maritime lien. 70 L.R.A. 406. 
 
 Effect of taking collateral security upon 
 conditional sale. 20 L.R.A. (N.S.) 1065; 
 33 L.R.A. (N.S.) 491. 
 
 Of forged instrument as uttering or publish- 
 ing. 8 L.R.A. (N.S.) 1177. 
 
 Pledge of receipts or property as creation 
 of indebtedness within debt limit provi- 
 sion. 37 L.R.A. (N.S.) 1085; L.R.A. 
 1917E, 447. 
 
 Taking security from maker as a waiver of 
 presentment and notice by indorser. 33 
 L.R.A. (N.S.) 641. 
 
 Recital in note as to security as affecting 
 its negotiability. 32 L.R>.(N.S.) 858. 
 
 Pledge or assignment by mortgagee of his 
 interest in the mortgage debt or prop- 
 erty as affecting his right against in- 
 surer. L.R.A.1917E, 330. . 
 
 Ill, Rights, duties, and liabilities of 
 parties and third persons. 
 
 a. In general. 
 
 7. Generally. 
 
 Persons taking commercial paper as col- 
 lateral security as bona fide holders, see 
 BILLS AND NOTES, 40. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PLEDGE AND COLLATERAL SECURITY, 
 III. a cont'd 
 
 Rights of pledgee of corporate stock, see 
 CORPORATIONS, 93. 
 
 Duty of pledgee of corporate stock, see COR- 
 PORATIONS, 94. 
 
 Liability of pledgee of corporate stock, see 
 CORPORATIONS, 113. 
 
 Surety's right as to collateral pledged by 
 principal, see PRINCIPAL AND SURETY, 
 23. 
 
 Succession or inheritance tax on interest of 
 pledgor or pledgee. L.R.A.1197F, 278. 
 
 Pledgeor or pledgee as real party in inter- 
 est by whom action must be brought. 
 64 L.R.A. 617. 
 
 Duty of pledgee as to care of thing pledged. 
 17 L.R.A. 193. 
 
 Responsibility of holder of paper as collater- 
 al security for default of those to whom 
 the paper is entrusted for collection. 
 L.R.A.1917E, 509. 
 
 Effect of failure of holder to make de- 
 mand or give notice of dishonor of 
 paper held as collateral or conditional 
 payment. 68 L.R.A. 482. 
 
 Treatment of collateral held by creditor of 
 insolvent or bankrupt. L.R.A.1918B, 
 1024. 
 
 Extent of recovery by pledgee on note. 44 
 L.R.A. 243. 
 
 Right of pledgee of conditional vendee to 
 assert title as against conditional vend- 
 or. 25 L.R.A.(N.S.) 790. 
 
 Authority of pledgee to compromise obliga- 
 tions held as collateral security. 28 
 L.R.A.(N.S.) 980. 
 
 Right of one who takes commercial paper 
 of corporation as security for an indi- 
 vidual debt of officer. 31 L.R.A.(N.S.) 
 169; L.R.A.1918F, 1163. 
 
 Holder of bill or note as collateral security 
 as a bona fide holder. 31 L.R.A. ( N.S. ) 
 287. 
 
 Right of holder of note as collateral to 
 protection as bona fide holder when 
 principal obligation is collectible. 4 
 L.R.A.(N.S.) 1042. 
 
 Garnishment of negotiable paper pledged as 
 collateral security. L.R.A.1918C, 754. 
 
 Garnishment of claim to surplus on pledge. 
 59 L.R.A. 368. 
 
 Maker's right to defend against transferee 
 after maturity on ground that paper 
 was intended for collateral security. 46 
 L.R.A. 774. 
 
 Duty of creditor to surety with respect to 
 management and collection of collateral. 
 37 L.R.A.(N.S.) 699. 
 
 Rights of lien holder as to captured prop- 
 erty. 6 B. R. C. 1002. 
 
 Right of one whose securities have been 
 pledged to bank, to secure a loan to 
 another, to be subrogated to the bank's 
 lien on latter's deposit and collateral. 
 43 L.R.A.(N.S.) 197. 
 
 Right of purchaser of a draft from a bank 
 to lien or preference to collateral in 
 hands of drawee upon insolvency of the 
 drawer. L.R.A.1915B, 438.
 
 1072 
 
 INDEX TO L.R.A. NOTES. 
 
 PLEDGE AND COLLATERAL SECURITY, 
 III. a cont'd 
 
 Right of purchaser or pledgee of stock 
 from one with whom it was pledged or 
 deposited by the owner without sign- 
 ing a transfer or power of attorney. 
 L.R.A.1916F, 491. 
 
 Right of indorsee or transferee of a bill or 
 note to hold collateral for indebtedness 
 other than that directly secured. L.R.A. 
 1915F, 968. 
 
 8. Loss or waiver of right. 
 
 Effect of unaccepted tender upon. 33 L.R.A. 
 
 237. 
 Waiver of, by attachment or execution. 50 
 
 L.R.A. 719. 
 Effect of renewal of principal's obligation 
 
 to release party to a note executed to 
 
 the creditor as collateral. 23 L.R.A. 
 
 (N.S.) 141. 
 Loss of collateral by treating note secured 
 
 as itself collateral for a new note for 
 
 the s'ame debt. 30 L.R.A. (N.S.) 1215. 
 
 9. by surrender of property. 
 
 The ancient rule. 39 L.R.A. (N.S.) 887. 
 General modern rule. 39 L.R.A. (N.S.) 887. 
 Exceptions; delivery for sale. 39 L.R.A. 
 
 (N.S.) 889. 
 Delivery for collection. 39 L.R.A. (N.S.) 
 
 890. 
 Delivery for exchange. 39 L.R.A. (N.S.) 
 
 891, 
 Delivery for special, temporary use. 39 
 
 L.R.A. (N.S.) 891. 
 Delivery to third person agreed upon. 39 
 
 L.R.A. (N.S.) 892. 
 Delivery to pledgeor as agent of pledgee. 
 
 39 L.R.A. (N.S.) 892. 
 Miscellaneous. 39 L.R.A. (N.S.) 892., 
 
 10. Redemption. 
 
 Right to have trust property wrongfully 
 pledged by a trustee for his individual 
 benefit redeemed by money belonging 
 to his insolvent estate. 6 L.R.A. (N.S.) 
 487. 
 
 Demand and notice for pledged property 
 where term of redemption is indefinite. 
 43 L.R.A. 752. 
 
 &. Sale. 
 
 11. Generally. 
 
 Effect of application to indebtedness of 
 proceeds of sale of collateral security 
 upon running of statute of limitations. 
 27 L.R.A.(N.S.) 843; L.R.A.1916A, 734. 
 
 Effect of unauthorized sale or disposal of 
 pledge by pledgee to dispense with ten- 
 der as a condition of trover against 
 him. "6 L.R.A. (N.S.) 298; 24 L.R.A. 
 (N.S.) 511. 
 
 Wrongful sale of pledged property or col- 
 lateral as larceny. 31 L.R.A.(N.S.) 
 099. 
 
 Effect of application to indebtedness of pro- 
 ceeds of sale of collateral security up- 
 on running of statute of limitations. 
 L.R.A.1916A, 734. 
 
 PLEDGE AND COLLATERAL SECURITY, 
 III. b cont'd 
 
 12. Of collateral bonds and commer- 
 cial paper. 
 
 Authority to sell. 43 L.R.A. 742; 53 L.R.A. 
 857. 
 
 Bonds. 43 L.R.A. 743; 53 L.R.A. 857. 
 
 Commercial paper. 53 L.R.A. 857 ; 
 
 L.R.A.1918C, 628. 
 Notice of time, place, and manner of sale. 
 
 53 L.R.A. 862. 
 Judicial and execution sales. 53 L.E.A. 
 
 863. 
 
 Who may purchase. 53 L.R.A. 864. 
 Remedy 'of pledgeor. 53 L.R.A. 865. 
 
 13. Pledgee's conversion of pledged 
 property by invalid sale. 
 
 What sales amount to a conversion. 4.'i 
 L.R.A. 737. 
 
 Power to sell. 43 L.R.A. 742. 
 
 Demand and notice. 43 L.R.A. 750. 
 
 Conduct of sale. 43 L.R.A. 756. 
 
 Purchase by pledgee. 43 L.R.A. 758. 
 
 Tender of payment to render conversion ac- 
 tionable/ 43 L.R.A. 759. 
 
 Ratification of sale and waiver of conver- 
 sion. 43 L.R.A. 760. 
 
 Remedies. 43 L.R.A. 763. 
 
 Measure of damages. 43 L.R.A. 768. 
 
 14. Rights of purchaser. 
 
 Right of purchaser of collateral security to 
 enforce it for more than the amount of 
 the debt secured. 32 L.R.A. (N.S.) 42. 
 
 Does assignee of mortgage as collateral se- 
 eurity, who forcloses the same and pur- 
 chases the property, hold the title sub- 
 ject to a trust in favor of the assignor. 
 7 L.R.A. (N.S.) 1094. 
 
 PLOWING. 
 
 Plowing and cultivating land as an "im- 
 provement." 20 L.R.A. (N.S.) 378. 
 
 Begin u-tth this &oo7c on every Jaw question. 
 
 PLUMBING. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 137. 
 License of plumbers, see LICENSE, 38. 
 
 Legality under modern anti-trust acts of 
 
 combinations of plumbers. 5 L.R.A. 
 
 (N.S.) 138. 
 Right of municipal corporation to engage 
 
 in business of. 31 L.R.A.(N.S.) 11-9. 
 Liability of .landlord to third persons as to. 
 
 26 L.R.A. 202. 
 Liability of landlord to tenant for damage 
 
 by water due to defective plumbing. 
 
 L.R.A.1917B, 225, 236, 244. 
 Liability to tenants of part of premises. 2$ 
 
 L.R.A. 159. 
 Duty of landlord to keep plumbing in proper 
 
 repair for tenant's use. 36 L.R.A.. 
 
 (N.S.) 907.
 
 INDEX TO L.R.A. NOTES. 
 
 1073 
 
 PNEUMONIA. 
 
 As element of damages for negligent in- 
 jury. 48 L.R.A. (N.S.) 101. 
 
 POCKET KNIVES. 
 
 As deadly weapons. 21 L."R.A.(N.S.) 503. 
 
 POINTING WEAPON. 
 
 As assault. 15 L.R.A. (N.S.) ]272. 
 
 POISON. 
 
 1. Generally. 
 
 Blood poisoning, see BLOOD POISONING. 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 138. 
 
 Death from taking poisonous substance as 
 
 accident or accidental means within 
 
 meaning of accident insurance policy. 
 
 L.R.A. 1916A, 481. 
 Master's liability for injury done by serv- 
 
 ant to third person in use of poison 
 
 placed in his custody. 10 L.R.A. (N.S.) 
 
 374. 
 Liability of master for injuries to servant 
 
 from fumes arising from materials. 
 
 :!.-) L.R.A.(X.S.) 679. 
 Administering poison with intent to murder 
 
 or kill person other than the one taking 
 
 it. 37 L.R.A. (N.S.) 174. 
 Proof of corpus delicti in prosecution for 
 
 poisoning. G8 L.R.A. 71. 
 
 2. Sale of. 
 
 Private action for violation of statute reg- 
 
 ulating sales of. 9 L.R.A.(X.S.) 382. 
 Constitutionality, construction, and effect of 
 
 statute prohibiting or regulating. 30 
 
 L.R.A. (N.S.) 519. 
 What are poisons within statute regulating 
 
 pharmacists. 26 L.R.A. (N.S.) 1013. 
 Liability of druggists for injury to stranger 
 
 by poison sold by him. 13 L.R.A. 
 
 (N.S.) 646. 
 
 POLES. 
 
 For carrying electric wires, see ELEC- 
 TRICITY. 
 
 In street, see HIGHWAYS, 24. 
 
 Master's liability for injury to servant by 
 ' poles near street car tracks, see MAS- 
 TER AND SERVANT, 97. 
 
 Municipal liability for injury by pole in 
 street. 20 L.R.A.(N.S.) 607, 649. 
 
 Master's liability for injury by defect in. 
 51 L.R.A. (N.S.) 338. 
 
 Doctrine of attractive nuisance as applied 
 to telegraph poles. L.R.A.1915D, 168. 
 
 Consult also L.R.A. Digests of Cases. 
 
 POLICE. 
 
 1. Generally. 
 
 Character of occupancy of premises by. 4 
 L.R.A. (X.S.) 719, 726, 729. 
 
 Policemen as public officers. 36 L.R.A. 
 (X.S.) 881. 
 
 Right to compel policeman to submit to 
 physical examination to determine fit- 
 ness. 33 L.R.A. (X.S.) 259. 
 
 Voluntariness of confession to police offi- 
 cers. 18 L.R.A.(N.S.) 801, 849; 50 
 L.R.A. (N.S.) 1088. 
 
 Power to grant immunity to witness. 
 L.R.A.1918A, 376. 
 
 Authority of superior officer of railway po- 
 lice to contract for services of other 
 persons. L.R.A.1918F, 65. 
 
 Reports of police officers as privileged com- 
 munications. 30 L.R.A. (N.S.) 335. 
 
 Power to enjoin illegal acts of police of- 
 ficers other than arrest. 2 L.RJ\.(N.S.) 
 078, 683. 
 
 Requiring dealings in junk to be reported 
 to. 24 L.R.A. ( N.S'.) 1173. 
 
 Mandamus to compel enforcement of liquor 
 law by. 28 L.R.A. (N.S.) 246. 
 
 Parol evidence to vary or supplement min- 
 utes of police board. 50 L.R.A. (X.S.I 
 f(<). 
 
 Binding effect on municipality of knowledge 
 or notice of police officer of defect or 
 obstruction in street. L.R.A.1918B, 
 651. 
 
 Validity of statute or ordinance for direc- 
 tion of street traffic bv police officers. 
 L.R.A. 1918F, 1113. 
 
 2. Pensions to. 
 
 Power to require municipality to pension 
 policemen. 34 L.R.A. (N.S.) 608. 
 
 Nature and circumstances of injury as af- 
 fecting right to share in pension or in- 
 surance fund for policemen and firemen. 
 20 L.R.A. (N.S.) 1176. 
 
 Vested right in pension. 50 L.R.A. (N.S.) 
 1019. 
 
 3. Payment for services of. 
 
 Right of police to reward, see REWARD, 4. 
 
 Right of municipality to require theater to 
 pay for services of policemen performed 
 at the theater or place of exhibition. 
 11 L.R.A. (N.S.) 700. 
 
 4. Injury to. 
 
 Applicability to policemen of Workmen's 
 Compensation Acts. L.R.A.1918F. 191. 
 
 Liability of ownef of property for injury 
 to firemen or policemen in discharge of 
 duty. 30 L.R.A. (N.S.) 60; L.R.A. 
 1916B, 794. 
 
 Contributory negligence of policeman in- 
 jured by defects in street. 21 L.R.A. 
 '(N.S.) 630. 
 
 5. Liability of. 
 
 Liability to civil action for acts of ju- 
 dicial nature. 44 L.R.A. (N.S.) 164.' 
 
 Liability for making arrest. L.R.A. 1915B, 
 505. 
 
 tiS
 
 1074 
 
 INDEX TO L.E.A. NOTES. 
 
 POLICE cont'd 
 
 Liability of policeman for injury after mak- 
 ing arrest. 1 L.R.A. (N.S.) 1024; 3 
 L.R.A. (N.S.) 508. 
 
 Liability of chief of police for detaining per- 
 son improperly arrested. 42 L.R.A. 
 (N.S.) 74. 
 
 Homicide by peace officer in attempting to 
 enforce his commands gainst innocent 
 persons. L.R.A.1918D, 379. 
 Liability of police officer for wrongful act 
 as affected by the fact that he was 
 acting under orders of superior. 
 50 L.R.A. (N.S.) 987. 
 
 6. Liability for acts of. 
 
 Liability for acts of servant employed as 
 policeman, see MASTEB AND SERVANT, 
 22. 
 
 Liability of municipality, see MUNICIPAL 
 CORPORATIONS, 82. 
 
 Liability of private person or corporation 
 for acts of special police officer appoint- 
 ed bv public authority. 23 L.R.A. 
 (N.S.) 289; 30 L.R.A. (N.S.) 481; 39 
 L.R.A.(N.S.) 122; 43 L.R.A.(N.S.) 
 1164; L.R.A.1915C, 1183. 
 
 POLICE BUILDING. 
 
 Liability of municipal corporation for tort 
 in connection with. 25 L.R.A. (N.S.) 
 93. 
 
 POLICE COURTS. 
 
 May judges of, be vested or burdened with 
 powers or duties of a judicial character. 
 19 L.R.A.(N.S.) 615. 
 
 POLICE POWER. 
 
 In general, see CONSTITUTIONAL LAW, 23a. 
 
 Priority over mortgage of statutory lien 
 for work not beneficial to the property, 
 done in the exercise of the police power. 
 L.R.A.1918C, 1024. 
 
 POLICE REGULATIONS. 
 
 Against fire, see BUILDINGS, 4. 
 As to food, see FOOD. 
 
 When police regulation is construed to ap- 
 ply to public officials. 1 L.R.A. (N.S.) 
 878. 
 
 Liability for rent as affected by fact that 
 property cannot be devoted to use in- 
 tended without alterations to conform 
 
 to police regulations. 
 
 894. 
 
 39 L.R.A. (N.S.) 
 
 POLITICAL AFFILIATIONS. 
 
 As disqualification of judge. 19 L.R.A. 
 (N.S.) 602. 
 
 POLITICAL DIVISION. 
 
 Election districts, see ELECTION DISTRICTS. 
 
 Effect of detachment from a political divi- 
 sion of territory in which an officer re- 
 sides upon his tenure of office. 20 
 L.R.A. (N.S.) 3o8. 
 
 POLITICAL MATTERS. 
 
 Judicial notice of, see EVIDENCE, 9. 
 
 Obligation of members of labor union as to. 
 5 L.R.A.(N.S.) 891. 
 
 Interference by equity with matters preced- 
 ing election. 3 L.R.A. (N.S.) 382. 
 
 Injunction against nonlibelous publication 
 affecting political rights. L.R.A.1917A, 
 163. 
 
 POLITICAL MEETING. 
 
 Character of, essential to offense of disturb- 
 ing meeting. 30 L.R.A. (N.S.) 832; 45 
 L.R.A. (N.S.) 109. 
 
 POLITICAL OBLIGATIONS. 
 
 Right of labor union to impose political ob- 
 ligations on its members. 1 B. R. C. 
 90. 
 
 POLITICAL PARTIES. 
 
 In general, see ELECTIONS. 
 
 Destruction of, by primary election laws. 
 22 L.R.A.(N.S.) 1137; L.R.A.1917A, 
 260. 
 
 Discrimination as to, in primary election 
 laws. 22 L.R.A. (N.S.) 1144; L.R.A. 
 1917A, 263. 
 
 Constitutionality of legislation affecting 
 party representation on official ballot. 
 35 L.R.A. (N.S.) 353. 
 
 Constitutionality of statute regulating ap- 
 pointment to public office with reference 
 to party affiliation. 27 L.R.A.(N.S.) 
 720. 
 
 POLITICAL RIGHTS. 
 
 Protection of, in equity. 3 L.R.A.(N.S.) 
 
 382. 
 At what time suspension of, against one un- 
 
 Begin with this book on every law question. 
 
 der sentence 
 (N.S.) 502. 
 
 commences. 17 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 1075 
 
 POLLING BOOTH. 
 
 In highway, see HIGHWAYS, 35. 
 
 POLL TAX. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 157. 
 Who liable for. see TAXES, 63. 
 
 What are poll taxes. 29 L.R.A. 404. 
 Power to impose. 29 L.R.A. 406. 
 Restrictions and limitations. 29 L.R.A. 
 
 407. 
 The restriction and equation of the North 
 
 Carolina Constitution. 29 L.R.A. 407. 
 Upon whom imposed. 29 L.R.A. 409. 
 Place of taxation. 29 L.R.A. 410. 
 The levy and collection. 29 L.R.A. 412. 
 Disposition. 29 L.R.A. 413. 
 Payment of poll taxes as a qualification of 
 
 electors. 29 L.R.A. 414. 
 Legislative power to compel employer to pay 
 
 employee's poll tax. 9 L.R.A. (N.S.) 
 
 306. 
 Constitutionality of poll tax as affected hy 
 
 exemptions therefrom. 13 L.R.A. (N.S.) 
 
 901. 
 
 POLLUTION. 
 
 Of waters, generally, see WATERS, 55-58, 
 
 66, 77, 80, 103, 113. 
 Municipal liability for pollution of waters 
 
 by drains and sewers, see MUNICIPAL 
 
 CORPORATIONS, 89. 
 
 POLYGAMY. 
 
 .Conflict of laws as to. 57 L.R.A. 159. 
 Criminal liability of children for. 36 L.R.A. 
 
 202. 
 Legislative power to f of bid. 2 L.R.A. (N.S.) 
 
 536. 
 Husband or wife as witness against the 
 
 other in prosecution for. 2 L.R.A. 
 
 (N.S.) 862. 
 
 PONDS. 
 
 Negligence as to toward children, see NEGLI- 
 GENCE, 23a. 
 In general, see WATERS, II. m. 
 
 Right of owner or lessee of mineral in 
 place to make ponds upon surface of 
 land. 48 L.R.A. (N.S.) 892. 
 
 Liability for injury by pond on private 
 grounds lying open beside a highway or 
 frequented path. L.R.A.1918A, 855. 
 
 Contributory negligence of child falling into. 
 L.R.A. 1917F, 109. 
 
 Consult also L.R.A. Digests of Cases. 
 
 POOL. 
 
 Of corporate stock, see CORPORATIONS, 124. 
 
 As proper subject for exercise of police pow- 
 er. L.R.A.1917E, 318. 
 
 Effect of understanding that loser is to 
 pay for game to bring it within stat- 
 ute against gambling. 19 L.R.A. (N.S.) 
 913. 
 
 POOLING ARRANGEMENT. 
 
 As to corporate stock, see CORPORATIONS, 
 124. 
 
 Association of persons under, as partner- 
 ship. 18 L.R.A.(N.S.) 1095. 
 
 Between brokers as to commissions. 45 
 L.R.A. 48. 
 
 POOL ROOM. 
 
 As a nuisance. 21 L.R.A. (N.S.) 836. 
 Power of municipality to prohibit as a nui- 
 sance. 31 L.R.A.(N.S.) 548. 
 
 POOL SELLING. 
 
 As nuisance. 10 L.R.A. (N.S.) 992: 21 
 L.R.A.(N.S.) 836; 44 L.R.A. (N.S.) 161. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 POOR AND POOR LAWS. 
 
 1. Generally. 
 
 Liability of public or officers having charge 
 of public charitable institution, for neg- 
 ligence toward inmates. 6 B. R. C. 
 552. 
 
 Woman as overseer of poor. 38 L.R.A. 
 211. 
 
 Right of counsel assigned to defend in- 
 digent person, to compensation from 
 public, in absence of statute. 36 
 L.R.A.(N.S.) 377. 
 
 2. Residence of. 
 
 Residence of inmates of almshouses for pur- 
 pose of voting. 23 L.R.A. 215; 40 
 L.R.A. (N.S.) 169. 
 
 Residence of inmate of charitable or pub- 
 lic home for school purposes. 36 L.R.A. 
 (N.S.) 344; 51 L.R.A. (N.S.) 234. 
 
 3. Settlement. 
 
 As affecting liability for support during 
 epidemic. 26 L.R.A. (N.S.) 729. 
 
 Settlement of servants. 4 L.R.A. (N.S.) 
 698 and particularly 704, 708, 709, 712, 
 715, 720, 721, 723. 
 
 4. Support. 
 
 Bequest for relief of poor, see CHARITIES.
 
 1076 
 
 INDEX TO L.R.A. NOTES. 
 
 POOR AND POOR LAWS cont'd 
 
 Moral obligation as consideration for 
 promise to pay for past support of 
 pauper. 53 L.R.A. 358; 2G L.R.A. 
 (N.S.) 520. 
 
 Settlement as affecting liability for sup- 
 port in time of epidemic. 26 L.R.A. 
 729. 
 
 Ktl'ect on liability for support of pauper 
 of division of territory of municipality, 
 town, or county. 39 L.R.A. ( N.S. ) 290. 
 
 Right to compensation from public for 
 relief furnished poor person, in 
 cases not provided for by law, or 
 where there has been no compli- 
 ance with statutory prerequisites. 
 39 L.R.A.(N.S.) 161. 
 
 Liability of public for medical services to 
 indigent person in absence of notice or 
 request. 9 L.R.A. (N.S.) 1234. 
 
 Right to use public funds to relieve per- 
 sons not entirely without means of 
 their own. 27 L*R.A. (N.S.) 1079. 
 
 Validity of statute providing for govern- 
 mental assistance of individual mem- 
 bers of certain classes of unfortunate 
 or afflicted persons. 7 L.R.A. (N.S.) 
 1196. 
 
 Liability to poor person for failure to 
 furnish, or negligence in furnishing, 
 relief. 39 L.R,A.(N.S.) ]68. 
 
 5. liability of alleged pauper or his 
 family. 
 
 Liability of alleged pauper, or his estate, 
 to pay for support or gifts ob- 
 tained on the iiround of poverty. 
 55 L.R.A. 570. 
 
 Liability of relative for medical services to 
 pauper. L.R.A. 1915E, 844. 
 
 POOR DEBTOR. 
 
 First and last days in computing time in 
 case of. 49 L.R.A. 242. 
 
 Effect of delivery of poor debtor's bond un- 
 signed by principal obligor. 12 L.R.A. 
 (N.S.) 1118. 
 
 POP. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 POPULARITY CONTEST. 
 
 Legality of. L.R.A.1917D, 489. 
 
 POPULATION. 
 
 Judicial notice of. 4 L.R.A. 39.* 
 
 PORCHES. 
 
 Porches extending beyond line as violation 
 of building restrictions. 52 L.R.A. 
 (N.S.) 1047, 1054. 
 
 PORT. 
 
 Home port, see HOME PORT. 
 
 PORTABLE MACHINES. 
 
 Duty to guard, see MASTER AND SERVANT. 
 
 PORTABLE FURNACE. 
 
 As part of realty. 1 B. R. C. 972. 
 
 * 
 PORTABLE RANGES. 
 
 As part of realty. 1 B. R. C. 972. 
 
 PORT CHARGES. 
 
 Necessity of franchise for. 37 L.R.A. 718. 
 
 PORTER. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A. (N.S.) 306. 
 
 PORTICOS. 
 
 Porticos extending beyond line as violation 
 of building restrictions. 52 L.R.A. 
 (N.S.) 1047, 1054. 
 
 PORTRAIT. 
 
 See also PHOTOGRAPHS; PICTURES. 
 
 Right to duplicate without consent of per- 
 son under contract with whom the origi- 
 nal was produced. 7 L.R.A. (N.S.) 362. 
 
 Sentimental value as measure of damages in 
 case of loss of, or conversion of, or in- 
 jury to, family portraits. L.R.A. 19 17D, 
 503. 
 
 ll( j fjin icitlt t1ii 7>oo7, - on 
 
 laiv question. 
 
 POSITION. 
 
 Right of witness to express opinion as to. 
 L.R.A.191SA, 699.
 
 INDEX TO L.R.A. NOTES. 
 
 1077 
 
 POSSESSION. 
 
 7. Real property, 1-4. 
 II. Personal property, 5-8. 
 
 Presumption from, see EVIDENCE, 105. 
 Jleceiver's right of, see RECEIVERS, 12. 
 
 I. Real property. 
 
 1. Generally. 
 
 Adverse possession, see ADVERSE POSSES- 
 SION. 
 
 Title by adverse possession, see ADVERSE 
 POSSESSION. 
 
 Recovery of, by forcible entry and detain- 
 er proceeding, see FORCIBLE ENTRY AND 
 DETAINER. 
 
 Recovery of possession of leased premises, 
 see LANDLORD ASD TENANT, -J4, 95. 
 
 As to mortgagee in possession, see MORT- 
 GAGES, 31. 
 
 Writ of, see WRIT OF POSSESSION. 
 
 Mandatory injunction as to. 20 L.R.A. 
 169. 
 
 Descent of possessory title to mining claim. 
 4 L.R.A. (N.S.) '919. 
 
 Question of, in injunction against tres- 
 pass to cut timber. 22 L.R.A. 236. 
 
 Character of, necessary to sustain action 
 of trespass q. c. f. 30 L.R.A. (X.S.) 
 243. 
 
 Right to preliminary injunction which 
 would have ell'ect of transferring pos- 
 session from defendant to plaintiff. 39 
 L.R.A.(N.S.) 31. 
 
 Right of witness to state who was in pos- 
 session. 14 L.R.A. (N.S.) 289. 
 
 Right of defendant in ejectment under a 
 plea of the general issue to dispute the 
 fact of his possession. L.R.A.1918F, 
 247. 
 
 2. Right to. 
 
 Tenant's right to, see LANDLORD AND TEN- 
 ANT, 45, 46. 
 Life tenant's right to, see LIFE TENANTS, 
 
 2-7. 
 
 Widow's right to retain possession of part- 
 nership real estate. 27 L.R.A. 347. 
 
 Hight of holder of tax deed to take. 28 
 L.R.A.(N.S.) 398. 
 
 Right of lessee of life tenant to posses- 
 sion on death of his lessor. 11 L.R.A. 
 (X.S.) 688. 
 
 Master's right to resume possession of prem- 
 ises occupied by servant. 4 L.R.A, 
 (N.S.) 704. 
 
 3. Effect of possession; rig-lit of 
 party in possession. 
 
 Adverse possession, see ADVERSE POSSES- 
 SION. 
 
 Taking possession as part performance to 
 satisfy statute of .frauds, see CON- 
 TRACTS, 59. 
 
 Of real property as notice, see NOTICE, 
 17. 
 
 As affecting right to specific performance, 
 see SPECIFIC PERFORMANCE, 13. 
 
 Possession as element in location of min- 
 ing claim. 7 L.R.A. (N.S.) 772. 
 Coti*ult also L.R.A. Digests* of Cos<?s. 
 
 POSSESSION, I. cont'd 
 
 Possession of licensee to defeat trespass 
 after revocation of license. 28 L.R.A. 
 519. 
 
 Effect of possession on sale or mortgage of 
 future crops. 23 L.R.A. (N.S.) 453. 
 
 Right to crops growing on, or rental of. 
 real estate sold on contract as affected 
 by possession. 35 L.R.A. (N.S.) 10G!>. 
 
 Right of tenant maintaining possession by 
 means of wrongful injunction to crops 
 grown on the leasehold. 12 L.R.A. 
 (N.S.) 194. 
 
 Effect of vendee retaining possession on 
 right to predicate fraud for misstate- 
 ment as to title to land. 28 L.R.A. 
 (N.S.) 212. 
 
 Right of vendee in actual possession to sus- 
 tain action for injury to real prop- 
 erty. 30 L.R.A. (N.S.) 231. 
 
 Right of party in possession to sue for in- 
 jury by damming back water of stream. 
 59 L.R.A. 899. 
 
 Right of one in possession to maintain ac- 
 tion for nuisance without proving ti^le. 
 34 L.R.A. (N.S.) 560. 
 
 Effect of void proceedings under which 
 real estate is sold to start limitations 
 running in favor of purchaser in pos- 
 session. 8 L.R.A. (N.S.) 354. 
 
 4. Necessity of possession; effect of 
 failure to take or have. 
 
 Necessity of possession, on sale or mort- 
 gage of future crops. 23 L.R.A. 453. 
 | Possession as essential to liability of as- 
 signee of leasehold for rent. 14 L.R.A. 
 151. 
 
 Necessity for taking possession of land un- 
 der tax deed to set the statute of limi- 
 tations in motion. 27 L.R.A. (N.S.) 
 344. 
 
 Compelling purchaser at judicial sale to 
 complete purchase where possession can- 
 not be given. 21 L.R.A. 48. 
 
 Right of one out of possession to partition. 
 20 L.R.A. 624. 
 
 Specific performance of oral contract to 
 convey real estate in consideration of 
 making improvements where possession 
 is not taken. 33 L.R.A.(N.S.) 534. 
 
 Use of force to protect possession of real 
 property by one not in actual posses- 
 sion. L.R.A.1918C, 532. 
 
 On sale or mortgage of future or growing 
 crops. L.R.A.1917C, 16. 
 
 77. Personal property. 
 
 5. Generally. 
 
 Change of, see CHANGE OF POSSESSION. 
 
 Delivery of, to donee, see BANKS, 12a; 
 GIFTS, 13, 14. 
 
 Of forged instruments, see FORGERY. 
 
 Recovery of possession of chattels, see PER- 
 SONAL PROPERTY, 8. 
 
 Denial of, upon information and belief. 30 
 
 L.R.A.(N.S.) 777. 
 Mandatory injunction as to. 20 L.R.A. 
 
 169. 
 Of property assigned for creditors before 
 
 attachment. 26 L.R.A. 594.
 
 1078 
 
 INDEX TC L.R.A. NOTES. 
 
 POSSESSION, II. cont'd 
 
 Right to preliminary injunction which 
 would have effect of transferring pos- 
 session from defendant to plaintiff. 39 
 L.R.A.(N.S.) 31. 
 
 Laying ownership in possession of property 
 as agent, bailee, etc., in indictment for 
 obtaining property by false pretenses. 
 
 22 L.R.A.(N.S.) 645. 
 
 Right of witness to state who was in pos- 
 session. 14 L.R.A.(N.S.) 289. 
 
 6. Right to. 
 
 Finder's right to possession of property 
 found. 37 L.R.A. 117. 
 
 Right of officer in executing criminal proc- 
 ess to take possession of evidentiary 
 articles. 18 L.R.A.(N.S.) 253; L.R.A. 
 1916C, 1017. 
 
 Right ot consignee to maintain action 
 against carrier for possession of prop- 
 erty. 36 L.R.A.(:N.S.) 70. 
 
 Right of one leaving his chattels in an- 
 other's possession, to cluim title against 
 latter's vendees or creditors. 25 L.R.A. 
 (N.S.) 760. 
 
 Effect of putting paper or securities trans- 
 ferable by delivery or indorsed or 
 assigned in blank into another's pos- 
 session, to estop owner as against pur- 
 chaser in good faith. 29 L.R.A.(N.S.) 
 252. 
 
 7. Effect of; right of party in posses- 
 sion. 
 
 Permitting mortgagor to retain possession; 
 
 see CHATTEL MORTGAGE, 14. 
 Effect of mortgagee's taking possession, see 
 
 CHATTEL MORTGAGE, 15. 
 Effect of delivery of, on statute of frauds, 
 
 see CONTRACTS, 56, 57. 
 Leaving property in possession of vendor as 
 
 a fraud on creditors, see FRAUDULENT 
 
 CONVEYANCES, 19, 20. 
 Acceptance of goods purchased by retention 
 
 of, see SALE, 23. 
 
 Of check, effect of. 26 L.R.A. 571. 
 Effect of possession of assignee for credit- 
 ors on transfer of property out of state. 
 
 23 L.R.A. 39, 42. 
 
 Of property as a crime. 20 L.R.A. 52. 
 
 Right of agent who was in possession of 
 personal property to maintain action 
 for conversion. 26 L.R.A.(N.S.) 840. 
 
 Right of one having possession but no title 
 to property to maintain an action for 
 malicious prosecution for seizure of the 
 property in an action against him. '28 
 L.R.A.(N.S.) 330. 
 
 8. as evidence. 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence from possession of 
 stolen property. 69 L.R.A. 198. 
 
 Of recently stolen property as evidence of 
 burglary. ]2 L.R.A. (X.S.) 199. 
 
 As proof of knowledge by receiver of stolen 
 goods. 22 L.R.A.(N.S.) 840. 
 
 POSSESSORY ACTION. 
 
 For tax receipts. 45 L.R.A. (N.S.) 785. 
 
 POSSESSORY LIEN. 
 
 For supplies and repairs furnished vessel. 
 70 L.R.A. 366, 411. 
 
 POSSESSORY TITLE. 
 
 Use of possessory title as a weapon of of- 
 fense. 4(5 L.R.A. (N.S.) 487. 
 
 POSSIBILITY. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 681. 
 
 POSTAL CLERKS. 
 
 See MAIL CLERK. 
 
 POSTAL SERVICE. 
 
 See POSTOFFICE. 
 
 POSTCARD. 
 
 Transmission of libelous matter by post- 
 card or telegraph as publication. 1 
 B. R. C. 464. 
 
 POSTDATED CHECKS. 
 
 Effect of certification of. L.R.A.1917F, 
 
 1099. 
 Effect of negotiation of check prior to day 
 
 of date to put purchaser on inquiry. 
 
 44 L.R.A.(N.S.) 405; L.R.A.1918F, 
 
 1165. 
 
 POSTHUMOUS CHILDREN, 
 
 See AFTERBOBN CHILDREN. 
 
 Begin icith this ftoofc on every law question. 
 
 POSTING. 
 
 Of notice of mining location. 7 L.R.A. 
 (N.S.) 833. 
 
 Effect on lien of corporation on stock cer- 
 tificate of failure to post by-law giv- 
 ing lien. 39 L.R.A. (N.S.) 300.
 
 INDEX TO L.R.A. NOTES. 
 
 1079 
 
 POSTMASTER. 
 
 See POBTOFFICE, 3. 
 
 POSTMASTER GENERAL. 
 
 Power of court to interfere with rulings of. 
 
 12 L.R.A.(N.S.) 166. 
 1'ower of courts to enforce ministerial 
 
 duties of. 52 L.R.A.(N.S.) 436. 
 
 POST MORTEM. 
 
 See also AUTOPSY. 
 
 Power of coroner to order. 31 L.R.A. 540. 
 
 When coroner's inquest necessary or proper. 
 21 L.R.A. 394. 
 
 Admissibility of finding of coroner, to show 
 cause of death. 68 L.R.A. 285; 45 
 L.R.A.(N.S.) 404; L.R.A.1918E, 924. 
 
 POSTNUPTIAL CONTRACT. 
 
 See HUSBAND AND WIFE, 47, 48. 
 
 POST OBIT BONDS. 
 
 Form of judgment on. 62 L.R.A. 453. 
 
 POSTOFFICE. 
 
 I. In general, 1, 2. 
 II. Postmasters, 3. 
 III. Transmission and delivery of 
 
 mails, 4-8. 
 IV. Crimes; mailable matter, 9-12. 
 
 I. In general. 
 
 8 1. Generally. 
 
 Contract as to location of. 4 L.R.A. (N.S.) 
 
 589; L.R.A.1916D, 727. 
 Power of courts to interfere with rulings 
 
 of Postoffice Department. 12 L.R.A. 
 
 (N.S.) 166. 
 
 2. Mail trains. 
 
 Mail clerk, see MAIL CI.ERK. 
 
 Right to require the stopping of mail 
 trains. 14 L.R.A. (N.S.) 293. 
 
 Right to limit speed of mail trains. 14 
 L.R.A.(N.S.) 293; L.R.A.1917F, 1187. 
 
 Duty of railroad company to one who goes 
 on station grounds for purpose of mail- 
 ing letters on mail train. 24 L.R.A. 
 (N.8.) 635. 
 
 II. Postmasters. 
 
 3. Generally. 
 
 Postmaster general, see POSTMASTER GEN- 
 
 EHAL. 
 Consult also L.R.A. Digests of Cases. 
 
 POSTOFFICE, II. cont'd 
 
 Right of woman to be. 38 L.R.A. 213. 
 
 Liability of a postmaster or his sureties 
 
 for illegal acts done in accordance with 
 
 the directions of a superior officer. 
 
 24 L.R.A.(N.S.) 309. 
 Liability for lost or stolen mail. L.R.A. 
 
 1915A, 374. 
 
 III. Transmission and delivery of 
 mails. 
 
 4. Generally. 
 
 State or municipal regulations affecting 
 those engaged in handling United States 
 mail. L.R.A.1918C, 940. 
 
 Applicability of Federal Employers' Liabili- 
 ity or compensation acts to injuries to 
 railroad employees while engaged in 
 handling interstate mails. L.R.A. 
 1918D, 426. 
 
 Title to money deposited in mail. L.R.A. 
 1918A, 534. 
 
 Presumption as to receipt of communica- 
 tion sent through mail. 49 L.R.A. 
 (N.S.) 458. 
 
 When may one who does not personally mail 
 nonmailable matter be regarded as 
 causing it to be deposited in the mails. 
 6 L.R.A.(N.S.) 424. 
 
 Who must bear loss when check or bill is- 
 sued to impostor is sent by mail. 50 
 L.R.A. 81. 
 
 Effect of death of party after the mailing, 
 but before the receipt, of his letter ac- 
 cepting an offer. 12 L.R.A.(N.S.) 439. 
 
 Where insurance contract deemed to have 
 been made when policy is mailed to 
 local agent of insurer. 63 L.R.A. 840; 
 23 L.R.A. (N.S.) 969; 52 L.R.A.(N.S.) 
 275, 276. 
 
 Mailing of forged instrument as uttering 
 or publishing. 8 L.R.A.(N.S.) 1179. 
 
 Power of state to prohibit solicitation of 
 orders for intoxicating liquors by mail 
 sent from another state. 36 L.R.A. 
 (N.S.) 443. 
 
 Delay of mail as accident or surprise for 
 which judgment by default may be set 
 aside. 30 L.R.A.(N.S.) 740. 
 
 5. Service of notice by mail. 
 
 Mailing notice as satisfying requirement of 
 notice by contract. L.R.A.1915B, 
 181. 
 
 Time allowed for mailing check or notice 
 of dishonor as aifected by the hour 
 at which the mail closes or departs. 
 4 L.R.A.(N.S.) 132. 
 
 Service by mail of notice required by em- 
 ployer's liability acts. 28 L.R.A. (N.S.) 
 238. 
 
 Mode of proving mailing of notice of ma- 
 turity of premiums or assessments. 7 
 L.R.A. (N.S.) 238. 
 
 Necessity that notice of maturity of pre- 
 miums or assessment sent through the 
 mail be received. 7 L.R.A. (N.S.) 253. 
 
 6a. Liability for lost or stolen mail. 
 
 Liability of postmaster. L.R.A. 1915A, 374,
 
 INDEX TO L.R.A. NOTES. 
 
 POSTOFFICE, III. cont'd 
 
 Liability of postoiliee employees. L.R.A. 
 
 X&I5A, 376. 
 Liability of mail contractors. L.R.A. 1915A, 
 
 376. 
 Liability of sureties on bonds. L.R.A. 
 
 3915A, 379. 
 
 6. Contract for carriage of mail. 
 
 Contract for carriage of mail matter in vio- 
 lation of statute. 12 L.R.A.(N.S.) 
 610. 
 
 7. Money orders. 
 
 Purchase of money order from agent of in- 
 dorsee. 3 L.R.A.(N.S.) 136. 
 
 Effect of putting postoffice order into an- 
 other's possession to estop owner as 
 against purchaser in good faith. 29 
 L.R.A. (N.S.) 257. 
 
 Negotiability of postoffice money orders. 
 36 L.R.A.(N.S;) 143. 
 
 8. Registered mail. 
 
 Liability of railroad for loss of registered 
 letter. 5 L.R.A. (N.S.) 459. 
 
 IV. Crimes; mailable matter. 
 
 9. Cienerally. 
 
 Exclusion of seditious matter from the mails 
 under the Espionage Act. L.R.A.1918C, 
 89. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 569. 
 
 Locality of crime committed through agency 
 of 'the mails. 19 L.R.A. 775. 
 
 Locality of ofl'ense of libel where libeloua 
 communication is forwarded bv mails. 
 49 L.R.A.(N.S.) 942. 
 
 What constitutes a lottery within the post- 
 office laws. 52 L.R.A*. (N.S.) 10S. 
 
 How far is use of mails by "healers" fraud- 
 ulent. 70 L.R.A. 989. 
 
 Communications offering the means or par- 
 aphernalia by which frauds may be 
 perpetrated as an offense against the 
 postal laws. 46 L.R.A. (N.S.) 936. 
 
 Instigating offense against mail as defense 
 to prosecution. 25 L.R.A. 346; 30 
 L.R.A.(N.S.) 948; 51 L.R.A. (N.S.) 827. 
 
 10. Obscene matter. 
 
 As to obscene literature in mails. 24 L.R.A. 
 
 110. 
 Evidence of other crimes in prosecution for 
 
 sending obscene letters. 62 L.R.A. 239. 
 Proof of corpus delicti in prosecution for 
 
 sending obscene matter through mail. 
 
 68 L.R.A. 55. 
 
 11. Scurrilous or defamatory matter. 
 
 Placing, scurrilous or defamatory matter 
 upon outside covering of mail as 
 offense against postal laws. 33 
 L.R.A.(N.S.) 800. 
 
 12. Decoys. 
 
 Larceny of decoy letter. 
 949. 
 
 30 L.R.A.(N.S.) 
 
 POSTOFFICE, IV. cont'd 
 
 Instigation to offenses against postal laws 
 by sending decoy letter for purpose of 
 detecting criminal as defense to prose- 
 cution. 51 L.R.A.(N.S.) 827. 
 
 POSTPONEMENT. 
 
 In general, see ADJOURNMENT; CONTINU- 
 ANCE. 
 
 Sufficiency of notice of postponement of ju- 
 dicial sale. L.R.A.1915B, 640. 
 
 POST ROADS. 
 
 Condemnation of right of way for telegraph 
 or telephone line along railroad right 
 of way under acts for. 42 L.R.A. (N.S.) 
 225. 
 
 POSTS. 
 
 Municipal liability for injury by posts in 
 street. 20 L.R.A. (N.S.) 607. 
 
 POTASSIUM. 
 
 Liability for injury to employee by explo- 
 sion of. L.R.A.1918B, 864. 
 
 POTENTIAL EXISTENCE. 
 
 De facto officer in case of office having po- 
 tential existence. 15 L.RJL (N.S.) 
 104. 
 
 POTENTIAL INTERESTS. 
 
 In future crops, sale or mortgage of. 23 
 L.R.A. 456; L.R.A.1917C, 8. 
 
 POUND. 
 
 See ANIMALS, 20. 
 
 Befjiti iHth this froofc on every law question. 
 
 POVERTY. 
 
 In general, see POOR AND POOR LAWS. 
 
 Public policy as related to vow of poverty 
 by member of communistic society. 52 
 L.R.A.(N.S.) 459.
 
 INDEX TO L.R.A. NOTES. 
 
 1081 
 
 POWDER. 
 
 See EXPLOSIONS AND EXPLOSIVES. 
 
 POWER. 
 
 Delegation of, see DELEGATION OF POWEB. 
 Water power, see WATER POWEB. 
 
 Taking of property for production and dis- 
 tribution of electric power as a pub- 
 lic purpose. 22 L.R.A.(N.S.) 137. 
 
 Liability of landlord furnishing premises 
 with power for injury resulting there- 
 from. 6 B. R. C. 961. 
 
 POWER COMPANY. 
 
 As a manufacturing company. 64 L.R.A. 
 58. 
 
 POW ER OF ATTORNEY. 
 
 See PRINCIPAL AND AGENT, 8-10. 
 
 POWER PLANT. 
 
 Mechanics' lien on. 42 L.R.A. (N.S.) 355. 
 
 POWERS. 
 
 8 1. Generally. 
 
 Permitting mortgagor tt> retain possession 
 with power of sale, see CHATTEL MORT- 
 GA(iE, 14a. 
 
 PowtT to sell mortgaged chattels, see CHAT- 
 TEL MORTGAGE, 20. 
 
 Conflict of laws as to power of appointment, 
 see CONFLICT OF LAWS, 32. 
 
 Power of sale by executor, see EXECUTORS 
 AND ADMINISTRATORS, 17. 
 
 Power of sale in mortgage, see MORTGAGE, 
 75-77. 
 
 Of attorney, see PRINCIPAL AND AGENT, 
 8-10. 
 
 Succession tax on property covered by 
 power of appointment, see TAXES, 98. 
 
 Will special power, other than power of 
 sale, conferred on executor by will, 
 pass to an administrator with the will 
 annexed. 29 L.R.A. (N.S.) 264. 
 
 Bequest of stocks, bonds, or notes under 
 power of appointment as general or 
 specific. 11 L.R.A. (N.S.) 73. 
 
 May power of sale be implied where chattel 
 mortgage gives no express power. 3 
 B. R. C. 021. 
 
 Property covered by power of appointment 
 as assets of donee's estate. L.R.A. 
 1918D, 346. 
 
 <'nnHii1t also L.R.A. Dir/csts of Cases. 
 
 POWERS cont'd 
 
 2. Effect of; rights under. 
 
 Is power to give option included in power 
 to sell real estate. 10 L.R.A. (N.S.) 
 867. 
 
 Limitation to heirs under rule in Shelley's 
 Case by power of appointment. 2!) 
 L.R.A. (N.S.) 1007. 
 
 Power of disposition bestowed on devisee as 
 indicative of quantum of estate intend- 
 ed to be devised. 18 L.R.A. (N.S.) 463. 
 
 Effect of power of appointment on time for 
 ascertaining member of class described 
 as testator's "heirs," "next of kin," 
 "relations," etc., to whom estate in 
 real or personal property is limited by 
 wav of remainder or executory gift. 
 33" L.R.A. (N.S.) 20. 
 
 Marketability of title based on exercise of 
 power of sale. 38 L.R.A. (N.S.) 18. 
 
 3. Execution. 
 
 Property covered by power of appointment 
 as assets of donee's estate where the 
 power has been exercised. L.R.A.1918D, 
 346. 
 
 Validity of exercise of a power of appoint- 
 ment by the creation of a charge. 6 
 L.R.A. (N.S.) 746. 
 
 Who, aside from donee or grantee expressly 
 named, may exercise power of sale 
 of real estate. 50 L.R.A. (N.S.) 
 604. 
 
 May less than all the donees or grantees 
 named exercise the power of sale 
 of real estate. 50 L.R.A. (N.S.) 
 622. 
 
 When power of sale deemed to be coupled 
 with an interest. 50 L.R.A. (N.S.) 
 632. 
 
 When power of sale deemed annexed to the 
 office, or given ratione officii. 50 L.R.A. 
 (N.S.) 643. 
 Nonexclusive powers and illusory appoint* 
 
 ments. L.R.A.1916D, 498. 
 Executor executing power of sale under will 
 
 after discharge. 2 L.R.A.(N.S.) 623. 
 Right of mortgagee to exercise power of 
 sale during pendency of foreclosure, 
 or of action for debt secured. 2 B. R. C. 
 841. 
 
 4. sufficiency of execution by will. 
 
 How intent to exercise power evidenced. 
 
 64 L.R.A. 849. 
 Validity of attempt to exercise power. 64 
 
 * L.R.A. 892. 
 
 May power of disposition be exercised by 
 
 will in absence of express provision 
 
 to that effect. L.R.A.1916C, 1046. 
 
 Relief in equity against defective exercise 
 
 of power. 64 L.R.A. 911. 
 When power in effect absolute gift. 64 
 L.R.A. 913. 
 
 PRACTICE AND PROCEDFRE. 
 
 As to civil cases, see ACTION OR SUIT; 
 DAMAGES; DISCOVERY AND INSPECTION; 
 PLEADIN.G.
 
 1082 
 
 INDEX TO L.R.A. NOTES. 
 
 PRACTICE AND PROCEDURE cont'd 
 Of Federal court, see COURTS, 36, 36a. 
 In criminal cases, see CRIMINAL LAW, IV.; 
 
 GRAND JUEY; INDICTMENT, ETC. 
 As to evidence and trial, see DEPOSITIONS ; 
 
 EVIDENCE; TRIAL; WITNESSES. 
 
 Controlling effect on Federal courts of de- 
 cisions of state as to matters relating 
 to. 40 L.R.A. (N.S.) 451. 
 
 Procedure under workmen's compensation 
 act. L.R.A.1916A, 271; L.R.A.1917D, 
 181. 
 
 In action under Federal employers' liabil- 
 ity act. L.R.A.1915C, 79. 
 
 Practice under the Torrens Law. L.R.A. 
 1916D, 45. 
 
 Errors and irregularities of procedure in 
 divorce suit as basis of attack upon de- 
 cree. L.R.A.1917B, 470. 
 
 Defects in postjudgment procedure in 
 divorce suit as basis of attack upon de- 
 crees. L.R.A.1917B, 472. 
 
 PRECIPITATION. 
 
 Of water from building, see WATERS, 54. 
 
 PRE-EMPTION. 
 
 On public lands, see PUBLIC LANDS, 15. 
 
 PRAIRIE FIRES. 
 
 Liability for injury by. 21 L.R.A. 261. 
 
 PRAIRIE LAND. 
 
 Mechanic's lien for breaking of. L.R.A. 
 1917D, 352. 
 
 PREACHERS. 
 
 Sec RELIGIOUS SOCIETIES, 6-9. 
 
 PRECATORY TRUST. 
 
 See TRUSTS, 9. 
 
 PRECAUTIONS. 
 
 After accident as evidence of negligence, see 
 EVIDENCE, 270. 
 
 Against injurv 
 (N.S.) 671. 
 
 on highway. 20 L.R.A. 
 
 PRECEDENCE. 
 
 Between conveyances of real property, see 
 
 RECORDS AND RECORDING LAW, 20. 
 See also PRIORITY. 
 
 PRECEPT. 
 
 Tor summoning grand jury. 27 L.R.A. 778. 
 Segin rHth this ftoofc on every law question. 
 
 PRE-EXISTING DEBT. 
 
 As consideration, see CHATTEL MORTGAGE, 
 6; CONTRACTS, 10; SALE, 72. 
 
 Protection under recording acts of mort- 
 gage given as security for. 33 L.R.A. 
 (N.S.) 57. 
 
 Transferee of chattels in satisfaction of pre- 
 existing debt, as a bona fide purchaser 
 as against original vendor, from whom 
 they were fraudulently obtained by 
 transferred 35 L.R.A. (N.S.) 1174. 
 
 May a corporation issue stocks or bonds in 
 payment of or as security for, under 
 statute prohibiting the issue except, for 
 money, labor done, or property actual- 
 ly received. L.R.A.1916E, 570. 
 
 PRE-EXISTING DISEASE. 
 
 Effect of, on recovery under Workmen's 
 Compensation Act see WORKMEN'S 
 COMPENSATION, 15a. 
 
 PREFERENCES . 
 
 In assignment for creditors, see ASSIGN- 
 MENT FOR CREDITORS, 15, 16. 
 
 By bankrupt, see BANKRUPTCY, 13-17. 
 
 Of claims against bankrupt, see BANK- 
 RUPTCY, 24. 
 
 In funds of insolvent bank, see BANKS, 
 40. 
 
 Of preferred stock, see CORPORATIONS, 74. 
 
 By insolvent corporations, see CORPORA- 
 TIONS, 137. 
 
 As between claims against decedent's estate, 
 see EXECUTORS AND ADMINISTRATORS, 
 45. 
 
 Preferences in fraud of creditors, generally, 
 see FRAUDULENT CONVEYANCES, 8, 9. 
 
 Invalidity of, as against creditors, see 
 FRAUDULENT CONVEYANCES, 8-11. 
 
 Preferences by insolvents, generally, see IN- 
 SOLVENCY, 3. 
 
 Of laborers, see LABORERS, 2. 
 
 Of firm over individual creditors, see PART- 
 NERSHIP, 17. 
 
 To surety, see PRINCIPAL AND SURETY, 20. 
 
 Prior appropriation of water, see WATERS, 
 89-91. 
 
 Between legacies, see WILLS, 105. 
 
 Right to, see PRIORITY. 
 
 Making preferences as ground of attach- 
 ment. 30 L.R.A. 484.
 
 INDEX TO L.R.A. NOTES. 
 
 1083 
 
 35 
 
 PREFERENCES cont'd 
 
 Questioning validity of attachment for. 
 
 L.R.A. 780. 
 Right of creditor to set off new credits 
 
 given after receiving a preference. 55 
 
 L.R.A. 344. 
 Succession to, by surety paying judgment. 
 
 68 L.R.A. 556. 
 Preference in seat on stock exchange in 
 
 favor of other members of exchange. 
 
 27 L.R.A.(N.S.) 616. 
 
 PREFERENTIAL VOTING. 
 
 Constitutionality of. L.R.A.1916B, 939. 
 
 PREFERRED STOCK. 
 
 See CORPORATIONS, 74, 100-102. 
 
 PREGNANCY. 
 
 Measure of damages for injury to pregnant 
 woman, see DAMAGES, 60. 
 
 As element of damages for breach of prom- 
 ise. 43 L.R.AJN.S.) 972. 
 
 Effect of, on amount of permanent alimony 
 on absolute divorce. 44 L.R.A. (N.S.) 
 1005. 
 
 Carrier's liability for injury to pregnant 
 woman by seeing lunatic on train. 39 
 L.R.A.(N.S.) 647. 
 
 Antenuptial pregnancy as a ground of di- 
 vorce or annulment of marriasre. 18 
 L.R.A. 375; 13 L.R.A. ( N.S. j 996; 
 L.R.A.1916E, 650. 
 
 Sufficiency of evidence to establish condona- 
 tion of ante-nuptial unchastity or preg- 
 nancy. 6 B. R. C. 621. 
 
 Admissibility of declarations as to preg- 
 nancy made by one upon whom an 
 abortion is committed against others 
 charged with complicity therein. 35 
 L.R.A.(N.S.) 1084; L.R.A.1916C, 570. 
 
 PREJUDICE. 
 
 As ground for removal of cause to Federal 
 court, see REMOVAL OF CAUSES, 10. 
 
 Disqualifying grand juror. 28 L.R.A. 200. 
 
 Effect of, to disqualify one to serve as com- 
 missioner or juror in eminent domain 
 proceedings. 47 L.R.A. (N.S.) 151. 
 
 As insane delusion. 37 L.R.A. 267. 
 
 Of member of tribunal of association or 
 corporation, effect. 49 L.R.A. 370. 
 
 As proof of incapacity of testator. 27 
 L.R.A.(N.S.) 66; L.R.A.1915A, 458. 
 
 Consult alfso L.Jt. I. Digests of Cases. 
 
 PREJUDICE cont'd 
 
 Appeals by counsel in argument to passions 
 and prejudices of jurors. L.R.A. 1918D, 
 83. 
 
 Imputation by attorney, in course of legal 
 proceedings of prejudice to court or 
 judge as ground for disbarment or sus 
 pension. L.R.A.1918D, 450. 
 
 PREJUDICIAL ERROR. 
 
 See APPEAL AND ERROR, 35-40. 
 
 PRELIMINARY EXAMINATION. 
 
 See CRIMINAL LAW, 32. 
 
 PRELIMINARY INJUNCTION. 
 
 See INJUNCTION, 80. 
 
 PRELIMINARY SUBSCRIPTIONS. 
 
 For corporate stock, withdrawal of. 33 
 L.R.A. 595. 
 
 PREMATURITY. 
 
 Effect of premature delivery by seller to 
 pass title to purchaser. 31 L.R.A. 
 (N.S.) 942. 
 
 PREMEDITATION. 
 
 As element of homicide, see HOMICIDE, 6. 
 
 As element of offense of mayhem or maim* 
 ing. L.R.A.1916E, 494. 
 
 PREMISES. 
 
 Meaning of word "premises" in insuraace 
 policy prohibiting keeping of certain ar- 
 ticles on the premises. L.R.A.1917C, 
 293. 
 
 PREMIUM NOTES. 
 
 See INSURANCE, 111. 
 
 PREMIUMS. 
 
 In loan association, see BUILDING AND LOAN 
 
 ASSOCIATIONS, - 4.
 
 1084 
 
 INDEX TO L.K.A. NOTES. 
 
 PREMIUMS cont'd 
 
 Insurance premiums, see INSURANCE, 
 107, 108, 110-118. 
 
 Regulations and prohibition of use of cou- 
 pons, etc. redeemable in premiums. 
 L.R.A.1917A, 433. 
 
 PRENATAL. INJURY. 
 
 As ground of action. 45 L.KA.(N.S-) 625. 
 
 PREPARATION. 
 
 Preparation to commit assault with intent 
 to rape or ravish as distinguished from 
 overt act in commission of offense it- 
 self. 42 L.R.A. (N.S.) 524. 
 
 PREPAYMENT. 
 
 Of telephone rentals, see TELEPHONES, 7. 
 
 Of eompensation for property taken for 
 water supply. 58 L.R.A. 257. 
 
 PREPONDERANCE OF EVIDENCE. 
 
 Proof of alibi by. 41 L.R.A. 530. 
 Establishment of fraud in civil action by. 
 33 L.R.A.(N.S.) 837. 
 
 PREREQUISITES. 
 
 See CONDITION PRECEDENT. 
 
 PRESCRIPTION. 
 
 1. Rights in real property by. 
 
 Adverse possession, generally, see ADVERSE 
 
 POSSESSION. 
 
 Easement by, see EASEMENTS, 9. 
 Acquiring highway by, see HIGHWAYS, 5. 
 Prescriptive right to maintain obstruction 
 
 in highway, see HIGHWAYS, 39. 
 Prescriptive rights to maintain a nuisance, 
 
 see NUISANCES, 26. 
 Prescriptive rights as to waters, see 
 
 WATERS, 101-105. 
 
 Prescriptive right in grave or burial lot. 
 
 40 L.R.A.(N.S.) 752. 
 Prescriptive right to erect wharves. 40 : 
 
 L.R.A. 641. 
 Right by, to maintain a public nuisance. 
 
 53 L.R.A. 891. 
 Right by, to lateral supoort for buildings. 
 
 20 L.R.A. 730. 
 
 Title to abandon highway by. 26 L.R.A. 
 
 451. 
 Acquisition by prescription of right to visit 
 
 object of interest on private property 
 
 or to resort thereto for purpose of 
 
 pleasure. 4 B. R. C. 889. 
 
 2. Of physician. 
 
 Procuring liquor for another on physician's 
 prescription for self as an illegal sale. 
 
 21 L.R.A. (KS.) 1008; 24 L.R.A. (N.S. ) 
 273. 
 
 Must indictment or information for sale of 
 liquor by druggists on prescription; 
 state name of purchaser. 23 L.R.A. 
 (N.S.) 583. 
 
 PREROGATIVE POWER. 
 
 PRESENCE. 
 
 Of accused, see CRIMINAL LAW, 46. 
 
 When will deemed attested by the witnes* 
 in the presence of the testator. L.R.A, 
 1916C, 950. 
 
 Exercise of, by chancery courts in enforcing 
 general bequest for charity or religion. | 
 14 L.R.A.(N.S.) 61. 
 
 PREROGATIVE PUBLICATIONS. 
 
 Common-law rights in. 51 L.R.A. 355. 
 
 PREROGATIVE WRITS. 
 
 In general, see CERTIORARI : HABEAS COB- 
 PUS; INJUNCTION; MANDAMUS; PROHI- 
 BITION; Quo WARHANTO. 
 
 Jurisdiction of superior court to grant, see 
 COURTS, & 30, 31. 
 
 PRESBYTEP.IAN CHURCH. 
 
 See RELIGIOUS SOCIETIES. 
 
 PRESENTATION. 
 
 Of claim, generally, time for, see CLAIMS,. 
 2. 
 
 Of claims against decedent's estate, see 
 EXECUTORS AND ADMINISTRATORS, 
 39-41. 
 
 Of claim against municipality, see MU- 
 NICIPAL CORPORATIONS, 103. 
 
 Of claim for delay or nondelivery of tele- 
 gram, see TELEGRAPHS, 21. 
 
 Of claim for damages, see CARRIERS. 133, 
 134: HIGHWAYS, 106, 107; MUNICI- 
 PAL CORPORATIONS, 103. 
 
 Jlerjin iHtJi this fooofc on every law question. 
 
 PRESENTMENT. 
 
 Of bill or note, see BILLS AND NOTES, 
 
 43-53. 
 
 Of check, see CHECKS, 9-11. 
 In criminal cases, see CRIMINAL LAW, 35.
 
 INDEX TO L.R.A. NOTES. 
 
 1085 
 
 PRESENT VALUE. 
 
 Reduction to present value of pecuniary loss 
 to the statutory beneficiaries from 
 death. L.R.A.1917F, 373. 
 
 PR ESERVATION, 
 
 Scope and e(i'<!ct of provisions in election 
 law for preservation of ballots. 30 
 L.R.A. (N.S.) 602. 
 
 PRESIDENT. 
 
 Of corporations, see CORPORATIONS, 5 
 
 48. 
 
 47, 
 
 Mandamus against, to compel restoration 
 to office of one who lias been illegally 
 removed. 19 L.R.A. (N.S.) 52. 
 
 Right of president to make an ad interim 
 appointment to an office whose fixed 
 terra expires before the senate's ad- 
 journment, where the incumbent is au- 
 thorized to hold over until his successor 
 is appointed. 46 L.R.A. (N.S.) 1202. 
 
 PRESIDENTIAL ELECTORS. 
 
 Presidential electors. 43 L.R.A. (N.S.) 282. 
 
 PRESIDING JUDGES. 
 
 Statute reducing number of presiding 
 judges at 1 criminal trial as ex post 
 facto law. 37 L.R.A.(N.S.) 567. 
 
 PRESIDING OFFICER. 
 
 Casting vote by, in case of tie vote. 47 
 L.R.A. 50 1. 
 
 PRESS. 
 
 Freedom of, see CONSTITUTIONAL LAW, 
 29b. 
 
 PRESTON'S TOLU. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 PRESUMPTION. 
 
 In general, see EVIDENCE, III. 
 
 Admissibility in evidence of negative infer- 
 ences. L.R.A.1918A, 743. 
 Consult tilfo L.K.A. Dir/estB of Cases. 
 
 PRESUMPTION cont'd 
 
 In aid of pleading to show character of 
 action. 50 L.R.A. (N.S.) 21. 
 
 By pedestrian of exercise of due care by 
 driver. 19 L.R.A. (N.S.) 166; 39 L.R.A. 
 (N.S.) 486. 
 
 Right of driver of vehicle to assume that 
 motorman will give him time to cross 
 the track. 5 L.R.A. (N.S.) 1081. 
 
 Right of motorman to assume that no one 
 will attempt to drive across track so 
 close in front of car as to render a col- 
 lision probable. 5 L.R.A. (N.S.) 1059. 
 
 Right of persons in charge of train to pre- 
 sume that child will get out of danger. 
 6 L.R.A.(N.S.) 283. 
 
 Right to presume as to ability of sick or 
 otherwise helpless person to obtain 
 place of safety. 69 L.R.A. 550. 
 
 PRETERMITTED HEIRS. 
 
 Choice of remedies by, see ELECTION OF 
 REMEDIES, 6. 
 
 PRETIUM AFFECTIONIS. 
 
 Specific .performance of contracts in rela- 
 tion to personal property that come 
 within the phrase pretium affrationis. 
 L.R.A.1918E, 616. 
 
 PREVIOUS APPLICATION. 
 
 For insurance, false representations, see IN- 
 SURANCE, 101. 
 
 PREVIOUS CONVICTION. 
 
 Prosecuting attorney's reference to, as 
 ground for reversal. 46 L.R.A. 663; 
 L.R.A.1918D, 109. 
 
 PREVIOUS REJECTION. 
 
 Of application for insurance, see INSUR- 
 ANCE, 99. 
 
 PRICE. 
 
 Combination to control, see MONOPOLY 
 
 AND COMBINATIONS, II. 
 Rates of public service corporations, see 
 
 RATES, 2. 
 Reasonableness of matters relating to, see 
 
 REASONABLENESS, 4. 
 
 Legislative power to fix prices. 33 L.R.A. 
 177. 
 
 Effect on contract of leaving price indefi- 
 nite. 53 L.R.A. 288.
 
 1086 
 
 INDEX TO L.R.A. NOTES. 
 
 PRICE cont'd 
 
 Effect of retention of goods after notice of 
 mistake in quoted price. 15 L.R.A. 
 (N.S.) 368. 
 
 Purchaser's right to rely on seller's compu- 
 tation of. 17 L.R.A. (N.S.) 419. 
 
 Measure of damages for breach of contract 
 on sale of article having no market 
 price. 57 L.R.A. 193. 
 
 Measure of damages where one purchases 
 goods in reliance upon a misquotation 
 of price in telegram. 46 L.R.A. (N.S.) 
 412. 
 
 Price at which goods are resold as affecting 
 measure of damages for breach of war- 
 ranty as to quality. 5 L.R.A. (N.S.) 
 1151. 
 
 False statement as to selling or market 
 price of property. 35 L.R.A. (N.S.) 
 175; L.R.A.1916F, 782. 
 
 Libel in charging one with exacting exces- 
 sive prices. 40 L.R.A. (N.S.) 79. 
 
 Agreement to arbitrate question of. 47 
 L.R.A.(N.S.) 384. 
 
 Condition imposed by manufacturer as to 
 retail price, as binding upon retailer 
 purchasing from middleman. 3 B. R. 
 C. '299. 
 
 Naming price as an offer to sell. L.R.A. 
 191 5F, 8-24. 
 
 Implied or apparent authority of agent to 
 fix. L.R.A.1917E, 791. 
 
 PRICE LISTS. 
 
 As evidence. 17 L.R.A. 851. 
 
 Sufficiency of identification for purposes of 
 executorv contract where goods are 
 ordered by 31 L.R.A. (N.S.) 927. 
 
 PRIESTS. 
 
 See RELIGIOUS SOCIETIES, 6-9. 
 
 PRIMA FACIE EVIDENCE. 
 
 See EVIDENCE, III. 
 
 PRIMARY ELECTIONS. 
 
 See ELECTIONS, 25, 26. 
 
 PRIMARY LIABILITY. 
 
 Liability over to person secondarily liable, 
 see" INDEMNITY, -2-4. 
 
 PRINCIPAL. 
 
 Effect of accepting, on right to interest, see 
 INTEREST, 2a. 
 
 Begin icitJi tJiis hooTc on every laic question. 
 
 PRINCIPAL AND AGENT. 
 
 7. In general, 1-3. 
 II. The relation; revocation, 4-7. 
 
 III. Powers of attorney, 8-1O. 
 
 IV. Agent's authority; rights and lia- 
 
 bility of principal, 11- 
 31. 
 
 a. In general, 11-21. 
 
 b. Agent's fraud or irrong, 
 
 22, 23. 
 C. Undisclosed principal, 
 
 24-27. 
 
 d. Ratification. 28-31. 
 V. Right*, dittieu, and liabilities of 
 
 agent, 31a-43. 
 a. In general, 31 a, 31 b. 
 6. As to principal, 32-39. 
 
 1. In general, 32. 
 
 2. Fiduciary capacity; con~ 
 
 flict of interests, 33- 
 
 35. 
 8. Compensation; lien, $ 
 
 36, 37. 
 4. LiabH'ty to principal , 
 
 3S, 39. 
 
 C. As tc third persona, 4O- 
 43. 
 
 I. In general. 
 
 1. Generally. 
 
 Automobile distribution contract, see AUTO- 
 MOBILES, 11. 
 
 Agents of bank, see BANKS, 6-8a. 
 
 Right of bank to apply on debt due it, de- 
 posit made by agent, see BANKS, 18. 
 
 Bond for fidelity of agent, see BONDS, 11. 
 
 Real estate agents, see BKOKERS. 
 
 Corporate agents, see CORPORATIONS, VI. 
 
 Choice of remedy against principal or 
 agent, see ELECTION OF REMEDIES, 4. 
 
 Collusiveness of election of remedy 
 against principal or agent, see ELEC- 
 TION OF REMEDIES, ]5. 
 
 Embezzlement by agent, see EMBEZZLE- 
 MENT, 2. 
 
 Estoppel of principal or agent, see ESTOP- 
 PEL, 35. 
 
 Principal as proper party to bring suit, see 
 PARTIES, 16. 
 
 Agent as proper party to bring suit, see 
 PARTIES, 17. 
 
 Commissions charged by lender's agent as 
 usury, see USURY, 3. 
 
 Service on agent of corporation, see WBIT 
 AND PROCESS, 23, 25-27. 
 
 Factors, see FACTORS. 
 
 Insurance agent, see INSURANCE, 17-23, 
 141-143. 
 
 Right of receiver to take property from 
 
 possession of one holding as asent. 47 
 
 L.R.A. (N.S.) 754. 
 Effect of misconduct of agents on personal 
 
 liability of a trustee for losses to trust 
 
 estate from investments. 44 L.I I. A. 
 
 IX.S.) 97(i. 
 Commissions charged by lender's agent as 
 
 usury. 46 L.R.A. (N.S.) 1157. 
 Set-off in case of bankruptcy. 55 L.R.A. 40, 
 
 44, 51, GO.
 
 INDEX TO L.R.A. NOTES. 
 
 1087 
 
 PRINCIPAL AND AGENT, I. cont'd 
 
 Bidding as agent at judicial sale as sup- 
 pression of competition. 42 L.R.A. 
 (N.S.) 1206. 
 
 Situs of securities for taxation when held 
 by agent residing in different state 
 from principal. 36 L.R.A. 731. 
 
 How far pledge effectual when pledgeor's 
 agent is made depositary. 25 L.R.A. 
 577, 
 
 Delivery to carrier on shipment to princi- 
 pal. 22 L.R.A. 420. 
 
 Addressing letter to plaintiff's agent as 
 publication for purposes of libel. 21 
 L.R.A.(N.S.) 33. 
 
 Privilege of communications between 
 principal and agent. 36 L.R.A. (N.S.) 
 449. 
 
 Forgery by false assumption of authority 
 to sign another's name as agent. 31 
 L.R.A. 831. 
 
 Delivery of forged instrument to agent as 
 uttering or publishing. 8 L.R.A. 
 (N.S.) 1178. 
 
 Effect of invalid provision for an exclusive 
 agency upon right to recover for goods 
 purchased under the contract. 6 L.R.A. 
 (N.S.) 547. 
 
 Guaranty of performance of contract of 
 agency, 10 L.R.A. (N.S.) 369. 
 
 Creation of trust by recommending em- 
 ployment of agent. 37 L.R.A.(N.S.) 
 685. 
 
 Agency test of existence of partnership. 18 
 L.R.A. (N.S.) 1072. 
 
 Form of execution of deed by attorney in 
 fact or agent. 41 L.R.A. (N.S.) 805. 
 
 Solicitation of orders by sample or other- 
 wise as affected by delivery through 
 agent or by shipments in bulk to agent. 
 19 L.R.A.(N.S.) 309; 28 L.R.A. (N.S.) 
 635. 
 
 May the right of partner, or of a stock- 
 holder in a corporation, to inspect the 
 books of the firm or corporation, be 
 delegated to an agent. 2 B. R. C. 976. 
 
 Laying ownership in agent in possession in 
 indictment for obtaining property un- 
 der false pretenses. 22 L.R.A. (N.S.) 
 645. 
 
 Statements by agent made some time after 
 accident as res gestw. 42 L.R.A. (N.S.) 
 943. 
 
 Federal courts following state decision on 
 questions relating to. 40 L.R.A. (N.S.) 
 433. 
 
 2. Effect of failure to procure li- 
 cense. 
 
 By corporate agent, see CORPORATIONS, 
 
 42. 
 
 Effect of failure to procure license on va- 
 lidity of contract. 16 L.R.A. 424. 
 
 3. Matters as to evidence. 
 
 Admissibility in evidence of entries by 
 agent in account books. 53 L.R.A. 
 5?fi. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PRINCIPAL AND AGENT, I. ont'd 
 
 Admissibility of reports by agent to princi- 
 pal to prove facts in issue. 18 L.R.A. 
 (N.S.) 231; 25 L.R.A.(N.S.) 930; 47 
 L.R.A. (N.S.) 830. 
 
 Admissibility of books of account to prove 
 disbursement by agent. 52 L.R.A. 707. 
 
 Admissions as evidence of agency as 
 against person making them. 35 
 L.R.A. (N.S.) 165. 
 
 Proof of one's intent by his agent. 23 
 L.R.A.(N.S.) 401. 
 
 //. The relation; revocation. 
 
 4. Generally. 
 
 Agency of bank in collection of commercial 
 
 paper, see BANKS, 31-35. 
 Agency of husband for wife, see HUSBAND 
 
 AND WIFE, 18. 
 Insurance agent as agent of assured, see 
 
 INSURANCE, 17a. 
 Insurance broker as agent of assured, see 
 
 INSURANCE, 18. 
 
 Construction of contract having some provi- 
 sion peculiar to consignment and agency 
 contracts and others to sale contracts. 
 L.R.A.1917B, 626. 
 
 Question whether automobile distribution 
 contract is one of agency or sale. 
 L.R.A.1915B, 110. 
 
 Question whether telegraph company is 
 agent of sender or addressee as affecting 
 right to recover damages resulting from 
 addressee acting upon message changed 
 during transmission. 51 L.R.A. (N.S.) 
 439. 
 
 Initial carrier as agent of connecting car- 
 rier so as to make contract of former 
 binding on the latter. 52 L.R.A. (N.S.) 
 861. 
 
 Firemen as agents of owner of burning 
 property. 39 L.R.A. (N.S.) 237. 
 
 Agency of clearing-house members. 25 
 L.R.A. 830. 
 
 Is medical examiner agent of insurer or of 
 insured. 41 L.R.A. (N.S.) 505. 
 
 Powers of president and vice president of 
 corporation as to employment of 
 agents. 14 L.R.A. 358. 
 
 Effect of statute of frauds upon parol con- 
 tracts for employment of agent which 
 may, but are not intended to, be per- 
 formed within a year. 15 L.R.A. 
 (N.S.) 324., 
 
 5. Evidence of relation. 
 
 Admissibility of books of account to prove 
 
 agency. 52 L.R.A. 714. 
 Proof of agency by evidence of similar acts 
 
 by alleged agent. 17 L.R.A. (N.S.) 219. 
 
 6. Revocation; termination. 
 
 Revocation of power of attorney, see infra, 
 
 9, 10. 
 Termination of broker's authority, see 
 
 BROKERS, 4. 
 Termination of agency of insurance agent, 
 
 see INSURANCE, 23. 
 Revocation of appointment of agent on 
 
 whom process may be served, see WRIT 
 
 AND PROCESS, 29,
 
 1083 
 
 INDEX TO L.R.A. NOTES. 
 
 PRINCIPAL AND AGENT, II. cont'd 
 
 Presumption of continuance of agency. 1 
 L.R.A.(N.S.) 891. 
 
 Effect of war to terminate contract of 
 agency with alien enemy. L.R.A. 
 1917C, 667. 
 
 Effect of agent's right to fee to prevent rev- 
 ocation of agency when the foe is 
 contingent on the per forma nee of 
 certain acts. L.R.A.1915A, 639. 
 
 Intoxication as justification for discharge 
 of agent. 38 L.R.A. (N.S.) 339. 
 
 Right to discharge attorney employed for 
 contingent fee. 38 L.R.A. (N.S.) 389. 
 
 Termination of agency as affecting insur- 
 ance agent's right to commissions on 
 renewals. 35 L.R.A. (N.S.) 153. 
 
 Effect of revocation of authority on agent's 
 right to receive payment where se- 
 curity Is not in his possession. 23 
 L.R.A. (N.S.) 423; L.R.A.1916B, 860. 
 
 Dissolution of partnership authorized to 
 act as agent, as termination of agency. 
 23 L.R.A.(N.S.) 849; L.R.A.1915C, 576. 
 
 .Revocation by foreign corporation of ap- 
 pointment of attorney or agent to re- 
 ceive service of process. 30 L.R.A. 
 (N.S.) 678. 
 
 Avoidance by infant of brokerage agency. 
 41 L.R.A. (N.S.) 3219. 
 
 Necessity and sufficiency, as between 
 principal and third person of 
 notice of termination of agency by 
 act of the parties. 41 L.R.A. 
 (N.S.) 663. 
 
 7. by death. 
 
 Of power of attorney, see infra, 10. 
 
 Effect of death on contract of. 23 L.R.A. 
 709; 45 L.R.A.(N.S.) 349. 
 
 ///. Powers of attorney. 
 
 8. Generally. 
 
 Conflict of laws as to power of attorney to 
 contract in relation to real property. 
 L.R.A.1916A, 1043. 
 
 Implied powers under power of attorney to 
 transact business. 4 L.R.A. (N.S.) 843. 
 
 Release of inchoate right of dower under 
 power of attorney. 16 L.R.A. 209. 
 
 Right of consul to take acknowledgment of 
 power of attorney. 45 L.R.A. 499. 
 
 Presumption as to time of alteration in. 
 39 L.R.A. (N.S.) 106, 109, 112. 
 
 When may instrument in the form of 
 power of attorney be admitted to pro- 
 bate or otherwise be given effect ag a 
 will. 41 L.R.A. (N.S.) 44. 
 
 9. Revocation. 
 
 Necessity of notice to revoke power of at- 
 torney. 1 L.R.A. (N.S.) 577. 
 
 Effect of breaking out of war between coun- 
 tries of respective parties. L.R.A.1917C, 
 667. 
 
 10. by death. 
 
 Effect of death of party to revoke warrant 
 of attorney to confess judgment. 13 
 L.R.A. 797. 
 
 .Begin with this boo7c on every law question. 
 
 PRINCIPAL AND AGENT, III. cont'd 
 Effect of provision in power of attorney 
 
 that it shall not be revoked by death. 
 
 6 L.R.A.(N.S.) 855. 
 
 IV. Agent's authority; rights and lia- 
 juility of principal. 
 
 a. In general. 
 
 11. Generally. 
 
 Authority under power of attorney, see 
 supra, 8. 
 
 Affidavit for attachment by agent, see AT- 
 TACHMENT, 14a. 
 
 Powers of agents of bank, see BANKS, 8. 
 
 Liability of corporation for acts of agents, 
 see CORPORATIONS, 38. 
 
 Authority of corporate agents, see CORPO- 
 RATIONS, 43-48. 
 
 Criminal responsibility for acts of agent, 
 see CRIMINAL LAW, 29; INTOXICATING 
 LIQUORS, 23. 
 
 Authority of insurance agent, see INSUR- 
 ANCE, 19, 141-143. 
 
 Authority of employee, see MASTER AND 
 SERVANT, 17-18a. 
 
 Municipal liability for acts of agents, see 
 MUNICIPAL CORPORATIONS, 81-S4. 
 
 Powers of officers, see OFFICERS, 28-30. 
 
 Authority of partner, see PARTNERSHIP, 
 8, 9. 
 
 Liability for acts of partner, see PARTNER- 
 SHIP, 10-14. 
 
 Payment by agent, see PAYMENT, 14. 
 
 Admissibility of declarations of agent, see 
 EVIDENCE, 234. 
 
 Liability of detective agency for acts of its 
 employees. L.R.A. 1918D, 575. 
 
 Effect of appointing agent on Sunday. 43 
 L.R.A. (N.S.) .140. 
 
 Liability of principal on contract negoti- 
 ated by agent having apparent authori- 
 ty, as affected by fact that agent acted 
 for his own interest. 5 B. R. C. 496. 
 
 Insurance effected by agent on property of 
 principal as violation of provision 
 against additional insurance. L.R.A. 
 1918D, 781. 
 
 Consent of agent of infant or incompetent 
 to a license for the sale of intoxicating 
 liquors. L.R.A. 1916D, 819. 
 
 Relief from default judgment because of 
 failure of agent upon whom writ was 
 served to notify defendant. L.R.A. 
 1916E, 103. 
 
 Authority of agent to borrow money for 
 principal. L.R.A.1916C, 112. 
 
 Agent's implied power to assent to rescis- 
 sion of contract. 37 L.R.A.(N.S.) 91. 
 
 Authority of superintendent to contract for 
 payment of employee while laid off. 41 
 L.R.A.(N.S.) 1141. 
 
 Right of agent to locate mining claim. 7 
 L.R.A.(N.S.) 817. 
 
 Power of lessee or vendee to subject own- 
 er's interest to mechanics' liens under 
 statutes giving liens for improvements 
 made by agent. 23 L.R.A. (N.S.) 608; 
 L.R.A.1917D, 580.
 
 INDEX TO L.K.A. NOTES. 
 
 1089 
 
 PRINCIPAL AND AGENT, IV. aconfd 
 
 Effect of participation by creditor's agent 
 in debtor's fraudulent intent, as against 
 other creditors. 31 L.R.A. 642. 
 
 Implied authority of department superin- 
 tendent to contract as to matters re- 
 lating to his department. 38 L.R.A. 
 (N.S.) 1135. 
 
 Agent's authority to employ subagent so as 
 to make the principal liable for re- 
 muneration due for services of sub- 
 agent. L.R.A.1918F, 720. 
 
 Liability of a principal for services per- 
 formed under contract with his agent 
 by persons other than subagents or serv- 
 ants. L.R.A.1918F, 8. 
 
 Liability of one railroad corporation pos- 
 sessing stock control of another for the 
 acts and contracts of the latter. 35 
 L.R.A. (N.S.) 770. 
 
 Right to reward offered for arrest when ar- 
 rest is made bv agent of claimant. 7 
 L.R.A.(N.S.) 218. 
 
 Right of bankrupt to discharge as affected 
 by act of agent. 20 L.R.A.(N*.S.) 785, 
 30 L.R.A.(N.S.) 623. 
 
 Effect of agent's consent to taking of prop- 
 erty on crime of larceny. 7 L.R.A. 
 (N.S.) 1149. 
 
 Implied or apparent authority of agent or 
 employee to bind principal for 
 board or traveling expenses. L.R.A. 
 11U6JJ, 754. 
 
 Waiver by agent of stipulation in building 
 contract that alterations or extras 
 must be ordered in writing. 48 L.R.A. 
 (N.S.) 581, 589, 594. 
 
 May a contract by an agent who exceeded 
 his authority be enforced against 
 the principal to the extent to which 
 it was authorized. 52 L.R.A. 
 (N.S.) 510. 
 
 Liability of one party to a contract or 
 transaction to the other because of 
 bonus or commission allowed by the 
 former to the latter's agent. 49 L.R.A. 
 (N.S.) 101. 
 
 Garnishment of bank deposit in a form im- 
 porting that depositor is acting as 
 agent or fiduciary. 34 L.R.A. (N.S.) 
 1207. 
 
 Conclusiveness of judgment as between 
 plaintiff and principal of one who 
 voluntarily conducted the defense. 37 
 L.R.A. (N.S.) 963. 
 
 Adinissibility of books of account to prove 
 authority of agent. 52 L.R.A. 714. 
 
 12. Limitations on agent's author- 
 ity. 
 
 General and special agents. 2 L.R.A. 808.* 
 Notice of limitation. 1 L.R.A. 192.* 
 Private restrictions on agent's authority, 
 
 special instructions. 2 L.R.A. 823.* 
 Secret instructions. 10 L.R.A. 355.* 
 
 PRINCIPAL AND AGENT, IV. a cont'd 
 Effect of agent's possession of goods. 18 
 
 L.R.A. 666. 
 Authority to accept payment in anything 
 
 else than money. 18 L.R.A. 666. 
 Authority to pledge principal's credit for 
 
 traveling expenses. 18 L.R.A. 667; 
 
 L.R.A.1916B, 754. 
 
 Authority to sell samples. 18 L.R.A. 667. 
 Authority of traveling salesman to make 
 
 advertising contracts. 41 L.R.A. (N.S.) 
 
 1019. 
 Extent of a commercial traveler's implied 
 
 or ostensible authority to warrant 
 
 goods. 39 L.R.A. (N.S.) 1151. 
 Authority of sales agent who is authorized 
 
 to collect the whole or a part of the 
 
 purchase price upon making the sale, 
 
 to receive payments afterwards. 38 
 
 L.R.A.(N.S.) 700. 
 Right to withdraw order given agent before 
 
 acceptance by 
 (N.S.) 1138. 
 
 principal. 10 L.R.A. 
 
 13. Extent of authority conferred on 
 traveling salesmen. 
 
 Generally. 18 L.R.A. 663. ^M.^.J.VJ.U. , w*. 
 
 Authority to collect payment. 18 L.R.A. Implied or apparent authority of agent to 
 
 663. fix price. L.R.A.1917E, 791. 
 
 Consult also L.R.A. Digests of Cases. 69 
 
 14. To employ medical services for 
 employee or other third person. 
 
 Authority of servant, see MASTEK AND 
 SEBVANT, 17-18a. 
 
 Generally. 20 L.R.A. 695. 
 
 Liability of railroad company on contract 
 
 made by conductor. 20 L.R.A. 695. 
 Contracts made by superintendent or presi- 
 
 dent. 20 L.R.A. 696. 
 Contracts made by division superintendent. 
 
 20 L.R.A. 696. 
 Contracts made with general agents or man- 
 
 agers. 20 L.R.A. 696. 
 Contracts made by agents, generally. 20 
 
 L.R.A. 696. 
 Physician or nurse employed by the physi- 
 
 cian in charge. 20 L.R.A. 697. 
 
 15. As to purchase or sale of prop- 
 erty. 
 
 Chattel mortgagor as agent of mortgagee to 
 sell, see CHATTEL MORTGAGE, 14a. 
 
 Power to sell real estate as including power 
 
 to give option. 10 L.R.A. (N.S.) 867. 
 Power to sell personal property in agent's 
 
 possession as implying power to ex- 
 
 change. 10 L.R.A.(N.S.) 1118. 
 Is power to give option included in power 
 
 to sell real estate. 10 L.R.A.(N.S.) 
 
 867. 
 Power of agent employed to sell real prop- 
 
 erty to bind his principal as to fixtures. 
 
 L.R.A.1915F, 634. 
 
 Implied or ostensible authority of an agent 
 
 for the sale of personal property 
 
 to warrant the same. L.R.A.1916C. 
 
 412. 
 
 Implied or ostensible authority of an agent 
 
 to bind his principal by covenants in 
 
 the sale of real property. L.R.A.1917F, 
 
 954. 
 Implied or ostensible authority of agent for 
 
 the sale of land as to representations. 
 
 L.R.A.1917F, 962.
 
 1090 
 
 INDEX TO L.R.A. NOTES. 
 
 PRINCIPAL AND AGENT, IV. a cont'd 
 Authority of agent to waive conditions in 
 
 contract of sale limiting warranty. 50 
 
 L.R.A.(N.S.) 799. 
 
 16. As to commercial paper. 
 
 Authority of corporate agents as to, see 
 
 CORPORATIONS, 45. 
 Of partner, see PARTNERSHIP, 9. 
 
 Responsibility of holder of paper as collater- 
 al security for default of those to whom 
 the paper is entrusted for collection. 
 L.R.A.1917E, 509. 
 
 Admissibility of extrinsic' evidence to show 
 whether principal or agent liable on 
 note. 20 L.R.A. 705. 
 
 Who must bear loss when check or bill 
 issued to impostor assuming to act as 
 agent of payee. 50 L.R.A. 80. 
 
 Intrusting to agent duty of examining re- 
 turned checks. 27 L.R.A. 429. 
 
 Taking commercial paper by agent as pay- 
 ment. 35 L.R.A. (N.S.) 49. 
 
 Implied or apparent authority of agent to 
 take note payable to himself. 28 L.R.A. 
 (N.S.) 341. 
 
 Principal as bona fide holder of bill or note 
 passing through agent's hands. 5 
 L.R.A.(N.S.) 628, 
 
 Alteration of instrument by agent of holder 
 as affecting right to recover thereon 
 L.R.A.1916F, 293. 
 
 17. execution of. 
 
 Liability of principal on negotiable paper 
 executed by an agent. 21 L.R.A. 
 (N.S.) 1046. 
 
 Terms within the special authority of agent 
 to give paper for loan. L.R.A. 
 1916C, 135. 
 (Jiving of commercial paper by agent as 
 
 payment. 35 L.R.A. (N.S.) 49, 51. 
 Payment by principal of previous drafts 
 drawn upon him by his agent without 
 authority, as implied authority to draw 
 another. 34 L.R.A. (N.S.) 440. 
 Right of an innocent payee to recover on 
 a note signed in blank and intrusted 
 to a third person, who exceeds his au- 
 thority in filling up the blanks before 
 delivery to the payee. 13 L.R.A.(N.S.) 
 490; L.R.A.1915B, 144. 
 
 18. indorsement or transfer of. 
 
 Power of agents to indorse negotiable paper. 
 27 L.R.A. 401. 
 
 Indorsement of check by agent in a manner 
 not contemplated by his restricted au- 
 thority. L.R.A.1918B, 576. 
 
 Effect of principal's death on agent's right 
 to indorse. 23 L.R.A. 711. 
 
 Remedy of payee of check against one who 
 has taken it on indorsement of unau- 
 thorized agent. 13 L.R.A. (N.S.) 211. 
 
 Implied warranty of genuineness upon sale 
 of negotiable paper by agent. 36 
 L.R.A. 95. 
 
 Dealing with agent as a circumstance put- 
 ting purchaser of negotiable paper on 
 inquiry. 29 L.R.A. (N.S.) 351 ; 44 L.R.A. 
 (N.S.) 395; L.R.A.1918F, 1155. 
 
 Begin with this boofc on every law question. 
 
 PRINCIPAL AND AGENT, IV. a cont'd 
 
 Effect of transfer by agent, without indorse- 
 ment, of worthless check or note of 
 third person. 10 L.R.A. (N.S.) 550. 
 
 Right and duty of one who received a check, 
 or note payable to his own order from 
 the hands of one not a party thereto. 
 31 L.R.A.(N.S.) 613. 
 
 Purchase of money order from agent of 
 indorsee. 3 L.R.A. (N.S.) 136. 
 
 Estoppel to contest commercial paper by 
 representations of agent to prospective 
 purchaser. 50 L.R.A. (N.S.) 1028. 
 
 19. As to collection of debt. 
 
 Agent's authority to receive payment, see 
 PAYMENTS, 36. 
 
 Assumption of debt by agent as payment, 
 17 L.R.A. (N.S.) 607. 
 
 Authority of collection agent to contract for 
 services of other persons. L.R.A.1918F r 
 14. 
 
 Implied authority of claim agent to promise 
 employment to induce settlement of 
 claim. 38 L.R.A. (N.S.) 826. 
 
 Liability of principal to exemplary damages 
 where attachment was sued out by 
 agent for collection of debt only. 2& 
 L.R.A.(N.S.) 279. 
 
 Authority of sales agent who is authorized 
 to collect the whole or part of pur- 
 chase price on making the sale to re- 
 ceive payments afterwards. 38 L.R.A. 
 (N.S.) 700. 
 
 Liability for malicious prosecution, false 
 arrest, or false imprisonment by agent 
 authorized ta collect debt. 51 L.R.A. 
 (N.S.) 471. 
 
 Liability for assault by agent in collecting 
 debt. 51 L.R.A.(N.S.) 920. 
 
 Responsibility of holder of paper as collater- 
 al security for default of those to whom 
 the paper is entrusted for collection, 
 L.R.A.1917E, 509. 
 
 20. Liability for torts. 
 
 Liability of agent, see infra, 42. 
 
 Liability of charitable society for negligence 
 of agents or employees, see CHARITIES, 
 12. 
 
 Criminal responsibility for sales of intoxi- 
 cating liquor by agent, see INTOXICAT- 
 ING LIQUOR, 23. 
 
 As to master's liability for tort of servant, 
 see MASTER AND SERVANT, IV. 
 
 Criminal and penal liability for act of 
 agent. 41 L.R.A. 650. 
 
 Liability of partnership or corporation for 
 tort committed by partner or agent 
 with the object of procuring business. 
 5 B. R. C. 88. 
 
 Liability of principal for fraud perpetrated 
 by agent acting within apparent scope 
 of his authority, but for his own bene- 
 fit. 5 B. R. C. 526. 
 
 Liability of telegraph company to undis- 
 closed principal of sendee. 4 L.R.A. 
 (N.S.) 678; 24 L.R.A.(N.S.) 1045. 
 
 Liability of telegraph company for trans- 
 mission or delivery of forged message 
 by its agent. L.R.A. 1915A, 123.
 
 INDEX TO L.R.A. NOTES. 
 
 1091 
 
 PRINCIPAL AND AGENT, IV. a cont'd 
 Liability of principal for assault by agent 
 in collecting debts. 51 L.R.A. (N.S.) 
 920. 
 
 Liability of principal for malicious prose- 
 cution, false arrest, or false im- 
 prisonment by agent authorized 
 to collect a debt. 51 L.R.A. (N.S.) 
 471. 
 
 21. Authority of agent of carrier. 
 
 Extent of authority of ticket agents, see 
 CABRIERS, 27a. 
 
 Authority of agents of initial carrier to ex- 
 tend its undertaking beyond its own 
 line. 31 L.R.A. (N.S.) 32. 
 
 b. Agent's fraud or \crong. 
 
 22. Generally. 
 
 Principal's civil responsibility for agent's 
 wrongful or negligent act toward one 
 having no contract relation with mas- 
 ter. 27 L.R.A. 161. 
 
 Expression of opinion by agent as a fraud. 
 35 L.R.A. 429. 
 
 False representations by agent of purchaser 
 as to selling or market price of prop- 
 erty. 35 L.R.A. (N.S.) 184. 
 
 Effect of fraud by agent ex necessitate in 
 making proofs of loss under fire in- 
 surance policy. 9 L.R.A. (N.S.) 485. 
 
 Liability of corporation transferring stock 
 on books at request of agent of owner. 
 45 L.R.A.(N.S.) 1079. 
 
 Fraud or false swearing by agent of insured 
 in making proofs of loss. 52 L.R.A. 
 (N.S.) 1074. 
 
 Principal's collecting or attempting to col- 
 lect proceeds of contract from agent as 
 precluding assertion as against the 
 other party to the contract of the 
 agent's fraud. L.R.A.1917D, 701. 
 
 23. Payment of own debt by agent. 
 
 Agent's power to use property of his prin- 
 cipal for payment of his own debt. 
 14 L.R.A. 234. 
 
 Liability for taking deposit of agent, fidu- 
 ciary, or other representative to pay 
 his own debt. 52 L.R.A. 790. 
 
 Right of one who knowingly received prin- 
 cipal's money in payment of agent's 
 debt which he believed to be the debt 
 of the principal. 15 L.R.A. (N.S.) 310. 
 
 c. Undisclosed principal. 
 
 24. Generally. 
 
 May a contract made without authority by 
 one apparently acting on own behalf, 
 but with an undisclosed intention to 
 act for another, be ratified by such 
 other. 1 B. R. C. 397. 
 
 25. Rights of. 
 
 Right of principal to proceeds of insurance 
 policy taken by a^ent in his own name. 
 13 L.R.A. (N.S.) 152. 
 
 Right of defendant in action by undisclosed 
 principal to avail himself of de- 
 fenses that would have been avail- 
 able in an action by the agent in 
 his own right on the contract. 28 
 L.R.A. (N.S.) 227; L.R.A.1916A, 
 1213. 
 
 Consult alxo L.R.A. Digests of Cases. 
 
 PRINCIPAL AND AGENT, IV. c cont'd 
 
 Character of contract as affecting right of 
 undisclosed principal to sue thereon. 
 29 L.R.A. (N.S.) 472; 39 L.R.A. (N.S.) 
 324. 
 
 Liability of telegraph company to undis- 
 closed principal of sendee. 4 L.R.A. 
 (N.S.) 678; 24 L.R.A. (N.S.) 1045. 
 
 26. Liability of. 
 
 Liability of agent, see infra, 43. 
 
 Liability of undisclosed principal of bidder 
 at judicial sale for purchase price, 
 or for deficiency upon resale of prop- 
 erty. 46 L.R.A. (N.S.) 887. 
 
 May statute of frauds relating to sales of 
 real property be satisfied by a memo- 
 randum which discloses that one of the 
 parties acted for an undisclosed prin- 
 cipal. 8 L.R.A. (N.S.) 733. 
 
 Parol evidence that one of the persons who 
 signed an instrument relating to real 
 property was agent for an undis- 
 closed principal. 24 L.R.A.(N.S.) 315. 
 
 27. liability of both principal and 
 agent. 
 
 Right to join agent and undisclosed prin- 
 cipal as defendants in same action. 26 
 L.R.A. (N.S.) 742. 
 
 Action against agent as bar to one against 
 principal undisclosed when first action 
 begun. 6 L.R.A. (N.S.) 729. 
 
 Commencing action or taking judgment 
 against either an undisclosed princi- 
 pal or his agent as a bar to a subse- 
 quent action against the other. 21 
 L.R.A.(N.S.) 786. 
 
 </. Ratification. 
 
 28. Generally. 
 
 Ratification of acts of corporate agent, see 
 
 CORPORATIONS, 34. 
 Imputing agent's notice to principal, see 
 
 NOTICE, 14, 15. 
 
 Ratification of agent's unauthorized con- 
 tract for the purchase or sale of real 
 property as affected by the statute of 
 frauds. 38 L.R.A. (N.S.) 783. 
 
 Ratification of agent's employment of sub- 
 agent. L.R.A.1918F, 741. 
 
 Ratification of bank cashier's sale or lease 
 of property. 31 L.R.A. (N.S.) 738. 
 
 Ratification after loss of unauthorized act 
 of another in securing fire insurance. 
 42 L.R.A. (N.S.) 1025. 
 
 Liability of husband for necessaries fur- 
 nished wife while living with him by 
 reason of ratification. 47 L.R.A. (N.S.) 
 282. 
 
 Ratification by master of act of servant so 
 as to render former liable to exemplary 
 damages. 48 L.R.A. (N.S.) 54, 57. 
 
 29. Power to ratify. 
 
 Power of principal to ratify unauthorized 
 contract of agent so as to raise cause 
 of action in his own favor against the 
 adverse party. 4 L.R.A. (N.S. ) 431.
 
 1092 
 
 INDEX TO L.R.A. NOTES. 
 
 PRINCIPAL AND AGENT, IV. d conf d 
 May unauthorized contract by one apparent- 
 ly acting on his own behalf but with 
 undisclosed intention to act for an- 
 other be ratified by such other. 1 
 B. R. C. 397. 
 
 30. What constitutes. 
 
 What will constitute an implied ratifica- 
 tion of an unauthorized loan effected by 
 an agent. 6 L.R.A. (N.S.) 311; 52 
 L.R.A.(N.S.) 571. 
 
 Ratification of agent's employment of sub- 
 agent. L.R.A.1918F, 741. 
 
 Ratification of unauthorized loan by agent, 
 by retention of benefit. 2 B. R. C. 743. 
 
 Mere passive acceptance of the benefit by 
 the principal as a ratification of an 
 agent's unauthorized use of a third per- 
 son's money for purposes beneficial to 
 principal. 15 L.R.A. (N.S.) 693. 
 
 Ratification of the unauthorized act of an 
 agent by silence. L.R.A.1918C, 222. 
 
 Effect of principal's performance of part 
 of contract in ignorance of unauthor- 
 ized provisions inserted by his agent 
 as ratification of latter. 29 L.R.A. 
 (N.S.) 210. 
 
 Payment by principal of what he deems 
 property or services worth as ratifica- 
 tion of agent's unauthorized contract 
 for same. 29 L.R.A. (N.S.) 400. 
 
 Principal's collecting or attempting to col- 
 lect proceeds of contract from agent as 
 precluding assertion as against other 
 party to the contract of the agent's 
 fraud or lack of authority. L.R.A. 
 1917D, 701. 
 
 31. Effect of. 
 
 Effect of attempted ratification to confer 
 right or impose liability upon one not 
 contemplated by agent as his principal. 
 2 B. R. C. 260. 
 
 Effect of ratification of alteration of instru- 
 ment by agent of holder. L.R.A.1916F, 
 303. 
 
 V. Bights, duties, and liabilities of 
 agent. 
 
 a. In general. 
 
 3 la. Generally. 
 
 Discrimination against nonresidents by 
 statute or ordinance imposing license 
 tax on. 40 L.R.A. (N.S.) 289, 290. 
 
 Right of agent to notice to redeem from tax 
 sale. 44 L.R.A. (N.S.) 676, 680. 
 
 31b. Criminal responsibility. 
 
 .Sale of intoxicating liquors by agent, see IN- 
 TOXICATING LIQUOB, 22. 
 
 Agent's criminal responsibility for sale of 
 goods that do not comply with statu> 
 tory requirements. L.R.A.1918D, 726. 
 
 Effect of fact that agent is entitled to com- 
 missions out of fund on his prosecution 
 for embezzlement on retaining the whole 
 fund. 13 L.R.A.(N.S.) 511. 
 
 Begin with this ftoofc on every laic question. 
 
 PRINCIPAL AND AGENT, V cont'd 
 b. As to principal. 
 1. In general. 
 
 32. Generally. 
 
 Duties and liabilities of broker, see BROK- 
 ERS, 5. 
 
 Right of agent to transfer his authority or 
 contract to a corporation organized by 
 him. L.R.A.1916F, 89. 
 
 Right of agent to be reimbursed for fines 
 or penalties paid for violation of law 
 in principal's interest. 45 L.R.A. 
 (N.S.) 788. 
 
 Rights of agent who purchases for an execu- 
 tor or administrator at the latter's own 
 sale. L.R.A.1918B, 42. 
 
 Interpleader between principal and agent. 
 10 L.R.A. (N.S.) 757. 
 
 Effect on rights of pledgee of delivery of 
 pledged property to pledgeor as form- 
 er's agent. 39 L.R.A. (N.S.) 892. 
 
 Enforcement in equity of agent's parol 
 promise to hold in trust property con- 
 veyed to him. 39 L.R.A. (N.S.) 924. 
 
 Loss of, or injury to, goods during ship- 
 ment as affecting fulfilment of commis- 
 sion to purchase goods. 19 L.R.A. 
 (N.S.) 261. 
 
 Measure of damages to advertising agent 
 for breach of advertising contract. 22 
 L.R.A.(N.S.) 273. 
 
 2. Fiduciary capacity; conflict of in- 
 terests. 
 
 33. Generally. 
 
 Fiduciary relation between attorney and 
 
 client, see ATTORNEYS, 10. 
 Fiduciary relation between corporation and 
 
 its agents, see CORPORATIONS, 50, 51. 
 
 Right of either principal to affirmative re- 
 lief from transaction in which agent 
 acted for both parties. 17 L.R.A. (N.S.) 
 622. 
 
 Right of agent to relocate mining claim for 
 his own benefit. 50 L.R.A. 186. 
 
 Independent advice as a condition of a 
 valid gift inter vivos between parties 
 occupying confidential relations. 16 
 L.R.A.(N.S.) 1087. 
 
 34. Purchase or lease by agent in 
 his own name. 
 
 Right of agent to purchase or lease in his 
 own behalf property which he was 
 under no duty to purchase or lease for 
 his principal. 47 L.R.A. (N.S.) 567. 
 
 Right of principal to retain property pur- 
 chased through agent who was secretly 
 interested therein, and seek relief 
 against the agent. 34 L.R.A. (N.S.) 
 1210. 
 
 Purchase by agent for principal of property 
 which the agent personally has an op- 
 tion or contract to purchase. 11 L.R.A. 
 (N.S.) 122.
 
 INDEX TO L.R.A. NOTES. 
 
 1093 
 
 PRINCIPAL AND AGENT, V. b, 2 cont'd 
 35. effect of statute of frauds. 
 
 Statute of frauds as affecting right to 
 equitable relief against one who has 
 purchased land in his own name in vio- 
 lation of his agreement to purchase it 
 for and in the name of complainant. 5 
 L.R.A.(N.S.) 112. 
 
 Statute of frauds as affecting legal remedy 
 for breach of contract to purchase land 
 for and in the name of another. 5 
 L.R.A.(N.S.) 123. 
 
 3. Compensation; lien. 
 
 36. Compensation. 
 
 Of brokers, see BROKERS, 8-13. 
 
 Of corporate agents, s,ee CORPORATIONS, 
 
 49. 
 
 Of insurance agent, see INSURANCE, 21. 
 Compensation of officers, see OFFICERS, 
 
 31-37, 44. 
 
 Effect of appointment of receiver or as- 
 signee for creditors of corporation on 
 compensation of agent for unexpired 
 term. 51 L.R.A. 146. 
 
 Partnership of agents by sharing in profits. 
 18 L.R.A.(N.S.) 1032; L.R.A.1918F, 
 801. 
 
 Right of one having exclusive sales agency 
 within given district, to commissions on 
 sales made by another outside of the 
 district to a resident thereof. 40 
 L.R.A.(N.S.) 971. 
 
 Salesmen's right to recover compensation as 
 affected by employment of improper 
 methods to make sales. 39 L.R.A. 
 (N.S.) 1149. 
 
 Validity of agreement by which compensa- 
 tion is dependent on success in pro- 
 curing contract with public officer or 
 board. 39 L.R.A. (N.S.) 747; L.R.A. 
 1915C, 823. 
 
 Termination of agency as affecting insur- 
 ance agent's right to commissions on 
 renewals. 35 L.R.A. (N.S.) 153. 
 
 ^Effect of agent's right to fee to prevent rev- 
 ocation of agency when the fee is con- 
 tingent on the performance of certain 
 acts. L.R.A.1915A, 639. 
 
 Right of one employed on commission to re- 
 cover for loss of profits where employ- 
 ment is unlawfully terminated. L.R.A. 
 1916B, 872. 
 
 Loss of profits as element of damages for 
 breach of contract for services as agent. 
 53 L.R.A. 57. 
 
 Effect of agent's wilful failure to keep and 
 render true accounts of his agency, 
 upon his right to compensation. 5 
 L.R.A. (N.S.) 469. 
 
 Effect of fact that agent is entitled to com- 
 missions out of fund on his prosecu- 
 tion for embezzlement on retaining the 
 whole fund. 13 L.R.A. (N.S.) 511. 
 
 Liability of a principal in respect of the 
 remuneration due from the services of 
 a subagent. L.R.A.1918F, 720. 
 
 37. Lien of agent. 
 
 Lien of agent for advances to vessel. 70 
 
 L.R.A. 416. 
 Consult also L.R.A. Digests of Cases. 
 
 PRINCIPAL AND AGENT, V. b, 3 cont'd 
 Maritime lien for services of agent. 70 
 
 L.R.A. 387, 435. 
 Lien of subagent. L.R.A.1918F, 748. 
 
 4. Liability to principal. 
 
 % 38. Generally. 
 
 Liability of bank making collections, see 
 
 BANKS, 33-35. 
 Liability of directors to corporation, see 
 
 CORPORATIONS,. 59. 
 
 Liability of insurance agent to company 
 for failure to follow instructions. 
 L.R.AJ915A, 860. 
 
 Right of principal to recover from agent 
 commissions which latter received from 
 other party to contract. 28 L.R.A. 
 (N.S.) 952. 
 
 Allowance of interest against agent. 18 
 L.R.A. 456. 
 
 Necessity of notice of default to bind guar- 
 antor of agent. 20 L.R.A. 258. 
 
 Consideration for note or obligation given 
 by agent to cover loss or transactions 
 conducted by him for principal. L.R.A. 
 1917B, 696. 
 
 39. For money or property of prin- 
 cipal. 
 
 Right of principal who has placed money- 
 in hands of agent for illegal purpose 
 to compel its return. 13 L.R.A. (N.S.) 
 267. 
 
 Liability of agent toward his principal and 
 a third person respectively for money 
 or property received in course of agen- 
 cy. 2 L.R.A. (N.S.) 657. 
 
 Right of principal to maintain trover or 
 case for money collected by agent or 
 attorney. 20 L.R.A. (N.S.) 35. 
 
 Demand as a condition of action to recover 
 money collected by an agent. 28 L.R.A. 
 (N.S.') 626. 
 
 When statute of limitations begins to run 
 in favor of agent receiving money of 
 principal. 1 L.R.A. 319. 
 
 When statute of limitations commences to 
 run against action to recover money 
 collected by agent not an attorney. 17 
 L.R.A.(N.S.) 660. 
 
 c. As to third persons. 
 
 40. Generally. 
 
 Liability of both agent and undisclosed 
 principal, see supra, 27. 
 
 Liability of bank directors, see BANKS, 7. 
 
 Liability of corporate agents, see CORPORA- 
 TIONS, 52-58. 
 
 Of insurance agent, see INSURANCE, 22. 
 
 Liability of agent without license, see 
 LICENSE, 16. 
 
 Liability of servant, see MASTER AND SERV- 
 ANT, 196-198. 
 
 Liability of officers, see OFFICERS, 38- 
 42. 
 
 Liability for trespass, see TRESPASS, 0. 
 
 Recovery back of money paid to agent, see 
 ASSUMPSIT, 6. 
 
 Collusiveness against agent of judgment 
 against principal, and vice versa, see 
 JUDGMENT, 48.
 
 1004 
 
 INDEX TO L.R.A. NOTES. 
 
 PRINCIPAL AND AGENT, V. c cont'd 
 Right of agent to bring action, see PARTIES, 
 10, 17. 
 
 Liability of agent in case license tax is not 
 paid by principal. 12 L.R.A. (N.S.) 
 946; L.R.A.1915A, 106. 
 
 Agent's liability toward his principal and 
 a third person respectively for money 
 or property received in course of 
 agency. 2 L.R.A. (N.S.) 657. 
 
 Judgment between principal and third per- 
 son as res judicata in action between 
 latter and agent. 37 L.R.A. (N.S.) 37. 
 
 41. On contract. 
 
 Personal liability to other contracting party 
 of one who, without authority, as- 
 sumes to contract as agent for an- 
 other. 34 L.R.A.(N.S.) 518. 
 Personal liability of committee appointed 
 at public meeting for services or sup- 
 plies. 5.1 L.R.A. (N.S.) 406. 
 Right of agent to show that a contract 
 signed by him apparently as obligor 
 was not to be delivered until words in- 
 dicating representative capacity had 
 been added to his signature. L.R.A. 
 191 5A, 590. 
 
 4 la. personal liability of one sign- 
 ing contract by adding to his signa- 
 ture, words indicating representa- 
 tive capacity. 
 
 Sealed instruments. 42 L.R.A. (N.S.) 11. 
 
 Simple contracts. 42 L.R.A. (N.S.) 16. 
 
 Contracts of representatives of decedents' 
 estates, guardians, trustees, and as- 
 signees. 42 L.R.A.(N.S.) 56. 
 
 42. For torts or negligence. 
 
 Liability of principal, see supra, 20. 
 
 Agent's liability to third person for torts. 
 2 L.R.A.(N.S.) 378. 
 
 Liability of an agent to third persons for 
 his own negligence or nonfeasance. 28 
 L.R.A. 433; 25 L.R.A.(N.S.) 343; 
 L.R.A.1916F, 570. 
 
 Liability of agent of leased premises for in- 
 juries due to defects therein. L.R.A. 
 1917C, 83. 
 
 Liability of agent for conversion, trespass, 
 or other positive act of wrongdoing 
 against third persons under orders of 
 employer. 50 L.R.A. 644. 
 
 Liability of landlord's agent for conversion 
 of tenant's goods by one put in pos- 
 session of premises before the expira- 
 tion of the tenancy. 24 L.R.A. (N.S.) 
 226. 
 
 Liability of agent to true owner for selling 
 or disposing of property intrusted 
 to him by his principal. .50 L.R.A. 
 (N.S.) 52. 
 
 43. Agent of undisclosed principal. 
 
 Liability of principal, see supra, 26. 
 
 Right to recover from agent money paid him 
 for his principal where the agency is 
 undisclosed. 23 L.R.A. (N.S.) 560'. 
 
 PRINCIPAL AND AGENT, V. c cont'd 
 Right of agent to show that a contract 
 signed by him apparently as obligor 
 was not to be delivered until words in- 
 dicating representative capacity had 
 been added to his signature. L.R.A. 
 1915A, 590. 
 
 Personal liability of one known to be an 
 agent for an undisclosed principal. 
 47 L.R.A.(N.S.) 232. 
 
 Begin ^v^th tJiis boole on every fa-ip question. 
 
 PRINCIPAL AND SURETY. 
 
 I. In general, 1, 2. 
 II. Existence of relation; power to act 
 
 as surety, 3, 4=. 
 III. Liabilities and defenses, 5-18. 
 
 a. In general, 5-9. 
 
 b. Release or discharge, 1O- 
 
 18. 
 IV. RigJits and remedies of surety, 
 
 19-29. 
 
 a.^ In general, 19-21. 
 b' As to creditors, 22-26. 
 
 c. As to principal, 27, 28. 
 
 d. Between cosureties, 29. 
 
 I. In general. 
 
 1. Generally. 
 
 On bail bonds, see BAIL AND RECOGNIZANCE. 
 
 As to bonds, generally, see BONDS. 
 
 Execution of bond by, see BONDS, 2, 3. 
 
 Failure to secure all sureties agreed on, see 
 BONDS, 3 a. 
 
 Effect of principal's failure to sign bond, 
 see BONDS, 3. 
 
 As to guaranty, see GUARANTY. 
 
 Married woman as surety, see HUSBAND AND 
 WIFE, 16, 17. 
 
 Intervention by surety, see PARTIES, 39. 
 
 Subrogation to rights of surety, see SUBRO- 
 GATION, 6. 
 
 Hiring of convict by surety. 27 L.R.A. 607. 
 Law governing usury in contract of prin- 
 cipal and surety. 62 L.R.A. 73. 
 
 2. Law as to becoming surety for a 
 surety maker. 
 
 In general. 21 L.R.A. 247. 
 
 Methods of becoming surety for surety. 21 
 
 L.R.A. 247. 
 Words added to the signature. 21 L.R.A. 
 
 247. 
 Words coupled with circumstances. 21 
 
 L.R.A. (N.S.) 248. 
 
 Signature by payee to make the paper avail- 
 able. 21 L.R.A. 248. 
 Time of signing. 21 L.R.A. 249. 
 After liability of first surety fixed. 21 
 
 L.R.A. 249. 
 
 Guaranty. 21 L.R.A. 250. 
 Expressly limiting liability. 21 L.R.A. 250. 
 Necessity of contract with first surety. 21 
 
 L.R.A. 250. 
 
 Signing at request of surety. 21 L.R.A. 251. 
 Request and promise to save harmless. 21 
 
 L.R.A. 252. 
 Liability towards payee. 21 L.R.A. 252.
 
 INDEX TO L.R.A. NOTES. 
 
 1005 
 
 PRINCIPAL AND SURETY, I. cont'd 
 Remedy against other parties on the paper. 
 
 21 L.R.A. 252. 
 Effect of release. 21 L.R.A. 252. 
 
 II. Existence of relation; power to act 
 as surety. 
 
 8. Existence of relation. 
 
 Accommodation parties as cosureties. 28 
 L.R.A. (N.S.) 1042. 
 
 Distinction between guaranty and surety- 
 ship. 16 L.R.A. (N.S.) 365. 
 
 Application of principal and surety rule as 
 to creditors on assumption of debts at 
 dissolution of partnership. L.R.A. 
 (N.S.) 88; 48 L.R.A. (N.S.) 552. 
 
 Will contract induced by promise to fur- 
 nish a surety sustain a subsequent con- 
 tract of suretyship. 27 L.R.A. (N.S.) 
 189. 
 
 Does the fact that a name signed to a bill 
 or note below the signature of another 
 obligor is that of a partnership raise 
 a presumption that it is a surety only. 
 10 L.R.A. (N.S.) 426. 
 
 Burden of proving suretyship in action to 
 recover for failure to execute process. 
 3 L.R.A. (N.S.) 432. 
 
 Admissibility of extrinsic evidence to show 
 relation of principal and surety be- 
 tween parties to note. 20 L.R.A. 711. 
 
 4. Power to act as surety. 
 
 Of married woman, see HUSBAND AND WIFE, 
 16, 17. 
 
 Power of surety company to act as surety. 
 48 L.R.A. 589. 
 
 Power of foreign surety company to act as 
 surety. 48 L.R.A. '592. 
 
 Power of corporation organized for the man- 
 ufacture and sale of liquor to enter 
 into contracts of suretyship on behalf 
 of its customers or prospective custom- 
 ers. 27 L.R.A. (N.S.) 186; L.R.A. 
 1918C, 1008. 
 
 III. Liabilities and defenses, 
 a. In general. 
 
 % . Generally. 
 
 Liability on appeal bond, see APPEAL AND 
 
 ERROR, 46. 
 On bail bond, see BAIL AND RECOGNIZANCE, 
 
 8. 
 
 On contractor's bond, see BONDS, 9, 10. 
 On fidelity bonds, see BONDS, 11. 
 On official bonds, see BONDS, 12-14. 
 On bond of executor or administrator, see 
 
 EXECUTOBS AND ADMINISTRATORS, 26, 
 27. 
 
 On bond of guardian, see GUARDIAN AND 
 WARD, 13. 
 
 Liability of guarantor, see GUARANTY. 
 
 Conclusiveness against surety of judgment 
 against principal, see JUDGMENT, 47. 
 
 Payment by principal as extending limita- 
 tion period as to surety, see LIMITATION 
 OF ACTIONS, fc 66. 
 
 Consult alKo L.R.A. Dif/ests of Cases. 
 
 PRINCIPAL AND SURETY, III. a cont'd 
 Promise by principal as extending limita- 
 tion period as to surety, see LIMITA- 
 TION OF ACTIONS, 71. 
 
 Duty of surety to see that spaces on com- 
 mercial paper are filled so as to prevent 
 raising. 21 L.R.A. (N.S.) 402. 
 
 Effect upon liability of surety of principal's 
 incapacity to contract. 20 L.R.A. 
 (N.S.) 1000. 
 
 Liability of sureties under civil damage act 
 for sales causing injury where not con- 
 fined to the period covered by their 
 bonds. 25 L.R.A. (N.S.) 585. 
 
 Duty of one taking note to communicate 
 the fact of principal's insolvency to 
 one assuming the obligation of surety. 
 14 L.R.A. (N.S.) 377. 
 
 Necessity of exhausting remedy as to surety 
 as condition precedent to creditors' bill. 
 23 L.R.A.(N.S.) 78. 
 
 Effect upon suretv of judgment against 
 principal. 52 L.R.A. 165; 40 L.R.A. (N. 
 S.) 698. 
 
 Renewal of contract under option as extend- 
 ing the undertaking of a surety for 
 the performance of the contract. 
 41 L.R.A. (N.S.) 422. 
 
 Necessity of new consideration to bind 
 third person who signs as surety after 
 execution and delivery of original con- 
 tract bv principal. 44 L.R.A. (N.S.) 
 481; L.R.A.1918E, 579. 
 
 Is conveyance by surety within statute as 
 to fraudulent conveyances. 47 L.R.A. 
 (N.S.) 322. 
 
 6. Extent of surety's liability. 
 
 Extent of recovery on bond, see DAMAGES, 
 27-29. 
 
 Does bond of highway contractor cover per- 
 sonal injuries of members of public. 
 34 L.R.A.(N.S.) 152. 
 
 Liability of surety to principal for costs in 
 action on replevin bond. 30 L.R.A. 
 (N.S.) 375. 
 
 7. Guaranty by surety of genuine- 
 ness of other signatures. 
 
 Generally. 49 L.R.A. 315. 
 Promissory notes. 49 L.R.A. 315. 
 Bonds. 49 L.R.A. 316. 
 
 8. Defenses. 
 
 Release or discharge of surety, see infra, 
 10-18. 
 
 Effect of contingency of claim against es- 
 tate of deceased surety. 58 L.R.A. 
 86. 
 
 Contingency of claim against sureties on 
 bonds for title. 58 L.R.A. 86. 
 
 Breach of warranty in the principal con- 
 tract as defense to surety. 21 L.R.A. 
 406. 
 
 9. Liability on guaranty or surety 
 obligation obtained by frauJ. 
 
 In case of fraud of principal. 21 L.R.A. 
 409.
 
 1096 
 
 INDEX TO L.R.A. NOTES. 
 
 PRINCIPAL AND SURETY, III. a cont'd 
 In case of fraud of obligee. 21 L.R.A. 410. 
 Secret stipulation between principal 
 and obligee. 21 L.R.A. 410. 
 
 ft. Release or discharge. 
 
 10. Generally. 
 
 On bail bond, see BAIL AND RECOGNIZANCE, 
 
 8. 
 Of indorser of note, see BILLS AND NOTES, 
 
 34, 43-53, 57. 
 Of guarantor, see GUARANTY, 9, 10. 
 
 Effect of voluntary discharge of one of two 
 or more sureties on liability of cosure- 
 ties. L.R.A.1918E, 95. 
 
 Effect of discharge of surety on right of 
 obligee to be subrogated to security 
 held by surety. L.R.A.1936C, 1082. 
 
 Compromise or consent to affirmance as 
 affecting liability of surety upon appeal 
 bond. 43 L.R.A. (N.S.) 1040. 
 
 Release by creditor of partner assuming 
 debts on dissolution of partnership. 48 
 L.R.A. (N.S.) 553. 
 
 Discharge of surety on fidelity obligation 
 by failure of employer to discover 
 delinquency or to notify surety 
 thereof within the time specified in 
 the obligation. L.R.A.1916F, 715. 
 
 Release of mortgagor as surety by mort- 
 gagee's dealing with vendee who has 
 assumed mortgage. 16 L.R.A. 85. 
 
 Effect of judgment against part of joint 
 or joint and several obligors to release 
 liability of others where obligors are 
 principal and surety. 43 L.R.A. 165. 
 
 Amendment of claim or pleading as dis- 
 charge of sureties on bonds given 
 to dissolve attachments or on bail 
 bonds in civil actions. 42 L.R.A. 
 (N.S.) 484. 
 
 Effect upon bond conditioned for fidelity of 
 employee or agent, of a change in the 
 latter's field of operation or the na- 
 ture of his duties. 28 L.R.A. (N.S.) 
 463; 36 L.R.A. (N.S.) 1152. 
 
 Decree directing transfer of fund by exec- 
 utor, administrator, or guardian to 
 himself in another fiduciary capacity, 
 as affecting liability of his sureties. 
 40 L.R.A.(N.S.) 1136. 
 
 Estoppel to enforce contract of suretyship 
 or guaranty released through mistake. 
 13 L.R.A. (N.S.) 576. 
 
 Constitutionality of statute releasing pub- 
 lic officer or his surety from liability 
 for loss of public fund. 41 L.R.A. 
 (N.S.) 97. 
 
 11. Payment by principal. 
 
 Payment voidable under bankruptcy act 
 as discharge of surety, guarantor, or 
 indorser. 9 L.R.A. (N.S.) 581. 
 
 Payment of promissory note by maker, 
 which proves ineffectual as a satisfac- 
 tion, as affecting the liability of a 
 surety thereon. 13 L.R.A. (N.S.) 204. 
 
 Release of surety on building contractor's 
 bond by making payments not author- 
 ized by the contract. 5 L.R.A. (N.S.) 
 418; L.R.A.1915B, 407. 
 
 PRINCIPAL AND SURETY, III. b cont'd 
 
 Release of surety by receipt of commercial 
 
 paper for obligation. 35 L.R.A. (N.S.) 
 
 12. Surrender of, or failure to appljv 
 property of principal. 
 
 Effect on liability of tenant's surety of 
 surrender of lease containing an op- 
 tion to purchase. 9 L.R.A. (N.S.) 557. 
 
 Effect upon surety of bank's failure to 
 apply principal's deposit account upon 
 note. 8 L.R.A.(N.S.) 944; L.R.A. 
 1917F, 266. 
 
 Is surety discharged by obligee's surrender 
 of original obligation and acceptance 
 of another which is defective. 16 
 L.R.A. (N.S.) 343. 
 
 Release of indorser of note by failure to 
 exhaust security against maker. 18 
 L.R.A.(N.S.) 539, 551. 
 
 13. Change of contract. 
 
 Effect upon mortgagor's obligation of modi- 
 fication between mortgagee and subse- 
 quent grantee. 4 L.R.A. (N.S.) 666. 
 
 Change of principals to obligation as dis- 
 charge of surety. 30 L.R.A. (N.S.) 
 1160. 
 
 14. Failure to proceed against prin- 
 cipal. 
 
 Release of indorser of note, see BILLS ANI> 
 NOTES, 57. 
 
 Effect of failure to present claim against 
 the estate of a deceased or bankrupt 
 principal, to release surety. 25 L.R.A. 
 (N.S.) 139. 
 
 Failure to comply with surety's demand or 
 request to proceed in the enforcement 
 of the obligation. L.R.A.1918C, 10. 
 
 15. By extension of time of payment. 
 
 Release of indorser of note, see BILLS AND 
 NOTES, 57. 
 
 Release of indorser by giving time by un- 
 enforceable contract. 18 L.R.A. (N.S.) 
 534. 
 
 Effect of renewal of principal's obligation 
 to release party to a note executed to 
 the creditor as collateral. 23 L.R.A. 
 (N.S.) 141. * 
 
 Effect under negotiable instrument law of 
 extension of time to principal to re- 
 lease surety. 31 L.R.A.(N.S.) 149. 
 
 Effect, under negotiable instruments law, of 
 extension of time to principal to re- 
 lease one who, on the face of the in- 
 strument, is primarily liable, but is in 
 fact a surety. 10 L.R.A. (N.S.) 129; 
 26 L.R.A.(N.S.) 99. 
 
 Effect of extension of time by creditor on 
 assumption of debts on dissolution of 
 partnership. 9 L.R.A. (N.S.) 90; 4 
 L.R.A.(N.S.) 554. 
 
 Extension of time by attorney as discharg- 
 ing surety. 39 * L.R.A. (N.S.) 62. 
 
 Extension of time for levying execution a 
 discharge of surety. 5 L.R.A. (N.S. > 
 764. 
 
 Begin irttJi this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1097 
 
 PRINCIPAL AND SURETY, III. b cont'd 
 
 Liability of original mortgagor or interme- 
 diate grantee who has assumed the 
 mortgage, as affected by extension of 
 time given his grantee by the mort- 
 gagee. 5 B. R. C. 033. 
 
 Reservation of rights against party second- 
 arily liable on a bill or note upon 
 granting extension of time to party 
 primarily liable, as preventing dis- 
 charge of former. 46 L.R.A. (N.S.) 
 92. 
 
 Agreement to extend time for payment, con- 
 ditional upon surety's consent, as a re- 
 lease of the surety.* L.R.A.1915C, 831. 
 
 Consideration for a subsequent agreement 
 extending time of payment.- 52 L.R.A. 
 (N.S.) 331. 
 
 16. effect of usury in consideration 
 for extension. 
 
 Effect of payment of usury. 53 L.R.A. 316. 
 Effect of contract to pay usury. 53 L.R.A. 
 320. 
 
 17. Death of surety or cosurety. 
 
 Is liability of surety determined by his 
 death.' 2 B. R. C. 937. 
 
 18. Discharge of principal. 
 
 When will discharge of principal in bank- 
 ruptcy release surety on bond given by 
 principal in an action at law. 14 
 L.R.A.(N.S.) 507; 28 L.R.A. (N.S.) 234. 
 
 IV. Rights and remedies of surety, 
 a. In general. 
 
 % 19. Generally. 
 
 Subrogation of sureties, see SUBROGATION, 
 5. 
 
 Liability of corporate officers who fail to 
 file report required by statute, to sure- 
 ty or guarantor of corporate paper. 
 35 L.R.A. (N.S.) 855. 
 
 Necessity of exhausting remedy at law in 
 actions by sureties as condition prece- 
 dent to creditors' bill. 23 L.R.A. (N.S.) 
 101. 
 
 Rights of surety as affected by receipt of 
 commercial paper for obligation. 35 
 L.R.A.(N.S.) 64. 
 
 Validity of agreement with surety as to 
 custody or control of trust funds. 16 
 L.R.A.'(N.S.) 994. 
 
 Right of surety upon contractor's bond to 
 have payments made by contractor ap- 
 plied to the contract. L.R.A.1917C, 
 637. 
 
 20. Preference to, and priority of, 
 surety. 
 
 Preference by transfer of property in 
 satisfaction of debt. 36 L.R.A. 345. 
 
 Payment of debt by bankrupt as a prefer- 
 ence to a surety therefor. 18 L.R.A. 
 (N.S.) 660; 45~L.R.A.(N.S.) 1068. 
 
 Priority of claims of sureties against prop- 
 erty in hands of receiver over recorded 
 liens. 2 L.R.A. (N.S.) 1026; 41 L.R.A. 
 (N.S.) 69f). 
 
 Consult also L.R.A. Digests of Cases. 
 
 PRINCIPAL AND SURETY, IV. a cont'd 
 21. Indemnity to surety. 
 
 Conveyance or transfer to indemnify sure- 
 ties or indorsers as a voluntary assign- 
 ment for creditors. 31 L.R.A. (N.S.) 
 332. 
 
 Specific performance of contract to give in- 
 demnity to surety. "6 L.R.A. (N.S.) 590. 
 
 Validity of contract by married woman in- 
 capable of binding herself as surety to 
 indemnify one against liability as sure- 
 ty for a third person. L.R.A.1915B, 
 1116. 
 
 Right of surety who gives his personal ob- 
 ligation for debt to enforce indemnity 
 from principal. L.R.A.1915A, 899. 
 
 Right of surety to indemnity from principal 
 as affected by the fact that an action by 
 the creditor against the principal would 
 be barred. L.R.A.1917F, 1074. 
 
 b. As to creditors. 
 
 22. Generally. 
 
 Subrogation of sureties, to rights of, see 
 SUBROGATION, 5. 
 
 Subrogation to rights of sureties, see SUB- 
 ROGATION, 6. 
 
 Right of sureties who perform contract on 
 abandonment by contractor, to moneys 
 unpaid on contract, as against the as- 
 signees or creditors of contractor. 14 
 L.R.A.(N.S.) 457; L.R.A.1918A, 937. 
 
 23. As to collaterals. 
 
 Duty of creditor to surety with respect to 
 management and collection of col- 
 lateral. 37 L.R.A.(N.S.) 699. 
 
 24. Right to intervene. 
 
 See PARTIES, 38. 
 
 g 25. Right to relief against judgment. 
 
 Injunction against judgment in favor of 
 or against sureties, see INJUNCTION, 
 58. 
 
 Injunction against judgment entered on 
 confession against sureties. . 30 L.R.A. 
 240. 
 
 Injunction in behalf of surety against judg- 
 ment. 30 L.R.A. 567. 
 
 Enjoining judgment against or in favor of 
 sureties. 31 L.R.A. 59. 
 
 Right of surety to sue to set aside judg- 
 ment against principal. 54 L.R.A. 765. 
 
 26. Set-off. 
 
 Rights as to set-off in case of insolvency. 
 17 L.R.A. 460. 
 
 Set-off in bankruptcy cases. 55 L.R.A. 68. 
 
 Right of surety or principal to avail him- 
 self of claim of latter against 
 plaintiff as a defense or counter- 
 claim. 43 L.R.A.(N.S.) 977. 
 
 Right of surety or principal to interpose an 
 independent cause of action in 
 favor of the latter against the 
 plaintiff as a defense or counter- 
 claim. 18 L.R.A. (N.S.) 600.
 
 1098 
 
 INDEX TO L.K.A. NOTES. 
 
 PRINCIPAL AND SURETY, IV. b cont'd 
 
 Right of surety to offset obligation as 
 
 against assignee of a debt due from 
 
 him to the principal. 46 L.R.A.(N.S.) 
 
 62. 
 
 Right of surety to set off his individual 
 claim against insolvent creditor where 
 the principal is solvent. 50 L.R.A. 
 (N.S.) 167. 
 
 c. As to principal. 
 
 27. Generally. 
 
 Indemnity to surety, see supra, 21. 
 
 Subrogation of surety, see SUBROGATION, 
 5. 
 
 Subrogation of creditor to rights of surety, 
 see SUBHOGATION, 6. 
 
 Right of surety on bail bond to pursue prin- 
 cipal into another state for the pur- 
 pose of arresting him. 14 L.R.A. 605. 
 
 Right of surety, prior to obtaining a judg- 
 ment or lien,, to enjoin principal's 
 transfer of property to defraud him. 
 
 15 L.R.A.(N.S.) 484. 
 
 Rights as against principal debtor of one 
 who becomes surety without his knowl- 
 edge or consent. L.R.A.1918F, 709. 
 
 28. Extinction of judgment against 
 principal by sureties' payment. 
 
 Right of surety who has paid judgment to 
 enforce it, see JUDGMENT, 83. 
 
 Rights of surety on payment of judgment. 
 
 16 L.R.A. 115. 
 
 In general. 68 L.R.A. 513. 
 
 Payment by joint debtors. 68 L.R.A. 514. 
 
 The right of action at common law. 68 
 
 L.R.A. 517. 
 
 The nature of subrogation. 68 L.R.A. 520. 
 The civil law. 68 L.R.A. 522. 
 The equitable doctrine of subrogation. 
 
 L.R.A. 523. 
 Subrogation to collateral securities. 
 
 L.R.A. 528. 
 Subrogation to rights and remedies. 
 
 L.R.A. 534. 
 Subrogation to primary securities. 
 
 L.R.A. 534. 
 Commercial paper. 68 L.R.A. 559. 
 Suretyship by separate contract. 68 L.R.A. 
 
 564. 
 Separate judgments against principals. 68 
 
 L.R.A. 565. 
 Judgment as a merger of the relation of 
 
 principal and surety. 68 L.R.A. 566. 
 Executions on original judgments. 68 
 
 L.R.A. 567. 
 Keeping paid judgments alive. 68 L.R.A. 
 
 569. 
 
 The question of intention. 68 L.R.A. 570. 
 The need of a formal assignment. 68 
 
 L.R.A. 572. 
 Existence and proof of suretyship. 
 
 L.R.A. 574. 
 
 Statutes. 68 L.R.A. 577. 
 Overruled, limited, and doubtful cases. 
 
 L.R.A. 585. 
 
 d. Betiveen cosureties. 
 
 29. Generally. 
 
 Contribution between, see CONTRIBUTION, 
 
 68 
 
 68 
 
 68 
 
 PRINCIPAL AND SURETY, IV. d cont'd 
 
 Judgment in favor of one or more sureties 
 and against others in action by obligee 
 as res judicata between sureties. 51 
 L.R.A.(N.S.) 797. 
 
 Statute of frauds as to contract between 
 sureties. 39 L.R.A. 378. 
 
 Right of sureties on appeal or supersedeas 
 bond to look to sureties on a prior 
 bond of the same principal. 6 L.R.A. 
 (N.S.) 1021; L.R.A.1918D, 1192. 
 
 Effect of voluntary discharge of one of two 
 or more sureties on liability of co- 
 sureties. L.R.A.1918E, 95. 
 
 PRINTED SIGNATURE. 
 
 To instrument. 22 L.R.A. 301. 
 
 To legal process or other legal papers, 
 
 L.R.A.1917B, 285. 
 Sufficiency of, within statute of frauds. 37 
 
 L.R.A.(N.S.) 352. 
 
 PRINTERS' MARKS. 
 
 On official ballot. 47 L.R.A. 808. 
 
 PRINTING. 
 
 1. Generally. 
 
 As a manufacturing business. 64 L.R.A. 62. 
 Attorney's implied power to bind client for 
 
 printer's bill. 23 L.R.A. (N.S.) 703. 
 Typewritten matter as written or as print- 
 
 ed matter. L.R.A.1915D, 1084. 
 
 2. Public printing. 
 
 Claim against state for. 42 L.R.A. 50. 
 
 Tower of board to make contract for pub- 
 lic printing extending bevond its own 
 term. 29 L.R.A. (N.S.) 655. 
 
 Liability of municipality or county on im- 
 plied contract for publishing notices 
 in newspaper. 27 L.R.A. (N.S.) 1130. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin unlawful printing expendi- 
 tures by municipality. 36 L.R.A. (N.S.) 
 22. 
 
 PRIOR AGREEMENT. 
 
 Parol evidence as to, see EVIDENCE, 
 163. 
 
 162, 
 
 PRIOR APPROPRIATION. 
 
 See WATERS, 89-91. 
 
 PRIORITY. 
 
 Begin with this boofc on every law question. 
 
 1. Generally. 
 
 Of claim for advances, see ADVANCES, 3, 
 Of assignment, see ASSIGNMENT, 13.
 
 INDEX TO L.R.A. NOTES. 
 
 1090 
 
 PRIORITY cont'd 
 
 Of lien of attachment, see ATTACHMENT, 
 8, 9. 
 
 Of rights in funds of bankrupt, see BANK- 
 RUPTCY, 12. 
 
 Of chattel mortgage, see CHATTEL MORT- 
 GAGE, 27. 
 
 In items allowed as costs, see COSTS AND 
 FEES, 8. 
 
 As between claims against decedents' estate, 
 see EXECUTOBS AND ADMINISTBATOBS, 
 45. 
 
 Of claims against insolvent, see INSOLVENCY, 
 6-8. 
 
 Of judgment lien, see JUDGMENT, 61- 
 64. 
 
 Of lien generally, see LIENS, 15-17. 
 
 Of mechanics' lien, see MECHANICS' LIENS, 
 8, 9. 
 
 Of mortgage on real estate, see MORTGAGE, 
 35-39. 
 
 Of claims against partnership, see PART- 
 NERSHIP, 15-17. 
 
 Of lien of local assessment, see PUBLIC IM- 
 PROVEMENTS, 31. 
 
 Of purchase money mortgage, see PUB- 
 CHASE MONEY, 7. 
 
 Of claims against assets in hands of re- 
 ceiver, see RECEIVERS, 17. 
 
 Of unrecorded instrument, see RECORDS AND 
 RECORDING LAWS, 20. 
 
 Of tax over other lien, see TAXES, 89. 
 
 Of vendor's lien, see VENDOR AND PUB- 
 CHASER. 32. 
 
 Between assignees, see ASSIGNMENT, 13, 
 14. 
 
 Claims against assignee for creditors en- 
 titled to, see ASSIGNMENT FOR CRED- 
 ITORS, 17. 
 
 Between dower and other claims, see DOWER, 
 6. 
 
 Loss of priority of execution, see EXECU- 
 TION, 13. 
 
 Loss of priority under levy, see LEVY AND 
 SEIZURE, 15. 
 
 In case of garnishment, see GARNISHMENT, 
 18. 
 
 Prior rights in water, see WATERS, 89- 
 91. 
 
 Giving of preference, see PBEFEBENCE. 
 
 For rent of premises occupied by receiver 
 or assignee for creditors. 59 L.R.A. 
 691. 
 
 Priority of notes falling due at different 
 times secured by same mortgage. 24 
 L.R.A. 800. 
 
 Of claim for funeral expenses. 33 L.R.A. 
 665. 
 
 Is a legacy given to a creditor in satisfac- 
 tion of his debt entitled to priority over 
 other legacies of same class. 2 B. R. 
 C. 509. 
 
 Deposit by broker or factor to his own ac- 
 count of proceeds of sale of customer's 
 stock or property as creating a trust 
 entitled to a preference. 27 L.R.A. 
 (N.S.) 808. 
 
 Effect upon priorities, of consolidation of 
 corporations. 23 L.R.A. 233. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PRIORITY cont'd 
 
 Effect of priority of purchase on right to 
 enforce restrictive covenant or agree- 
 ment as to use of property. 37 L.R.A. 
 (N.S.) 34; L.R.A.1917A, 332. 
 
 Precedence as between tunnel locator and 
 surface locator of mine. 53 L.R.A. 794. 
 
 Validity of statute giving veterans prefer- 
 ence in appointment to office. 10 L.R.A. 
 (N.S.) 825. 
 
 In withdrawal from loan association. 35 
 L.R.A. 294; 49 L.R.A.(N.S.) 1136. 
 
 In right to establish and operate ferrv. 
 59 L.R.A. 531. 
 
 In rights growing out of priority of use of 
 electricity. 2 B. R. C. 129. 
 
 Of right to establish and operate ferrv. 
 L.R.A.1916D, 833. 
 
 Claim for funeral expenses. 52 L.R.A. 
 (N.S.) 1157. 
 
 2. Of claims of laborers. 
 
 Constitutionality of statutes giving prior- 
 ity to claims of certain laborers. 21 
 L.R.A. 797. 
 
 Who are laborers within statute preferring 
 wages. 18 L.R.A. 305. 
 
 3. Of claims by or against govern- 
 ment. 
 
 Priority of claims against state. 42 L.R.A. 
 38, 54. 
 
 Priority of state or United States in pay- 
 ment from assets of debtor. 29 L.R.A. 
 226; 1 L.R.A. (N.S.) 255; 46 L.R.A. 
 (N.S.) 260; L.R.A.1918A, 398. 
 
 Priority of judgment in favor of United 
 States. 47 L.R.A. 479. 
 
 PRIOR KNOWLEDGE. 
 
 In respect to patent, see PATENTS, 9. 
 
 PRIOR OFFENSE. 
 
 Enhancing punishment in case of, see CBIM- 
 INAL LAW, 83. 
 
 PRIOR SERVICE. 
 
 Disqualifying grand juror. 28 L.R.A. 202. 
 
 PRIOR USE. 
 In respect to patents, see PATENTS, 9. 
 
 PRISON. 
 
 See JAILS AND PRISONS.
 
 1100 
 
 INDEX TO L.R.A. NOTES. 
 
 PRISON ASSOCIATION. 
 
 Exemption of prison association from suit 
 as agency of state. 35 L.R.A. (N.S.) 
 243. 
 
 PRISON BREACH. 
 
 See JAILS AND PRISONS, 6. 
 
 PRISONER. 
 
 Liability to, for injury while confined in, see 
 
 JAILS AND PRISONS, 2, 3. 
 Property of, see PROPERTY, 6. 
 Service of process on, see WRIT AND PROC- 
 
 ESS, 13a. 
 See also CONVICTS. 
 
 Liability of public for services of physicians 
 
 or surgeons rendered prisoners. 50 
 
 L.R.A.(N.S.) 1223. 
 Release of, or interference with custody of, 
 
 as contempt of court. L.R.A.1917D, 
 
 355. 
 Civil liability of sheriff or other officer for 
 
 injury inflicted by prisoner in his cus- 
 
 tody upon another prisoner. L.R.A. 
 
 1918C, 1163. 
 
 PRISON LABOR. 
 
 Claim against state based on contract for. 
 42 L.R.A. 59. 
 
 PRIVACY. 
 
 The law of. 31 L.R.A. 283. 
 
 Right of action for use of photograph or 
 name for advertising purposes. 24 
 L.R.A.(N.S.) 991; 34 L.R.A. (N.S.) 
 1137; L.R.A.1915C, 839; L.R.A.1918D, 
 1152. 
 
 Publication of one's photograph in connec- 
 tion with scandalous matter concerning 
 another. 35 L.R.A. (N.S.) 595. 
 
 Right to take or retain in rogues' gallery 
 picture of one accused of crime before 
 conviction. 7 L.R.A. (N.S.) 274: 23 
 L.R.A.(N.S.) 739; L.R.A.1916A, 743. 
 
 PRIVATE ACTION. 
 
 1. In general. 
 
 Injunction by private person, see INJUNC- 
 TION. 
 
 By one injured by nuisance, see NUISANCES, 
 22, 25. 
 
 For obstruction of navigable stream. 3 
 
 L.R.A. (N.S.) 1126; 38 L.R.A. (N.S.) 
 763. 
 
 PRIVATE ACTION cont'd 
 
 Right of private persons to contest power 
 of corporation to take or hold property. 
 32 L.R.A. 293; 44 L.R.A. (N.S.) 544; 
 46 L.R.A. (N.S.) 72. 
 
 Right of shipper where carrier negligently 
 misquotes rate which has been filed or 
 published as required by statute. 33 
 L.R.A. (N.S.) 391. 
 
 Special damage from awning or structure 
 overhanging street which will sustain 
 action by private person to abate or en- 
 join it as a nuisance. 48 L.R.A. (N.S.) 
 173. 
 
 2. Violation of ordinance. 
 
 Violation of police ordinance as ground for 
 private action. 5 L.R.A. (N.S.) 
 186. 
 
 For violation of ordinance as to obstruction 
 of crossing by train. 5 L.R.A. (N.S.) 
 244; 47 L.R.A. (N.S.) 821. 
 
 Violation of ordinance relating to explosives 
 as a ground of private action. 48 
 L.R.A. (N.S.) 876. 
 
 Liability of one who sells dangerous instru- 
 mentalities to child in violation of or- 
 dinance for injury inflicted thereby up- 
 on child or third person. L.R.A.1915C, 
 460. 
 
 3. Violation of statute. 
 
 Private action for violation of statute not 
 expressly conferring it. 9 L.R.A. (N.S.) 
 338; L.R.A.1915E, 500. 
 
 Statutes imposing duties upon railroads. 
 39 L.R.A. (N.S.) 347. 
 
 For violation of statute as to obstruction of 
 crossing by train. 47 L.R.A. (N.S.) 
 821. 
 
 Violation of statute relating to explosives 
 as ground of private action. 48 L.R.A. 
 (N.S.) 876. 
 
 Liability of one who sells dangerous instru- 
 mentalities to child in violation of stat- 
 ute for injury inflicted thereby upon 
 child or third person. L.R.A.1915C, 
 460. 
 
 PRIVATE BANKING. 
 
 Constitutionality of statutes prohibiting. 15 
 L.R.A. 477. 
 
 Power to prohibit or regulate banking busi- 
 ness by individuals. 5 L.R.A. (N.S.) 
 874; 25 L.R.A.(N.S.) 1217. 
 
 Begin with this hook, on every law question. 
 
 PRIVATE CARRIERS. 
 
 Railroad companies as, in drawing special 
 trains or special cars. 30 L.R.A. 161 ; 
 48 L.R.A.(N.S.) 990. 
 
 Liability of, under special terms of con- 
 tract for care or return of property 
 intrusted to them. L.R.A.1915B, 305.
 
 INDEX TO L.E.A. NOTES. 
 
 1101 
 
 PRIVATE CEMETERIES. 
 
 Public character of charitable bequest for 
 37 L.R.A.(N.S.) 997. 
 
 PRIVATE COUNSEL!. 
 
 Appearance before grand jury. 33 L.R.A 
 (N.S.) 568. 
 
 Right of prosecutrix in bastardy proceed 
 ings to. 33 L.R.A. (N.S.) 463. 
 
 Right of accused to complain because prose 
 cution is conducted or assisted by un 
 official member of the bar. 24 L.R.A 
 (N.S.) 564; 47 L.R.A. (N.S.) 1106. 
 
 PRIVATE CROSSING. 
 
 Construction or maintenance of, by rail- 
 road, see RAILROADS, 30. 
 
 PRIVATE DETECTIVES. 
 
 See DETECTIVES. 
 
 PRIVATE DOCUMENTS. 
 
 Admissibility of copies of records of, from 
 other states. 5 L.R.A. (N.S.) 954. 
 
 PRIVATE DRAINS. 
 
 Power of municipality to authorize use of 
 highway for. 16 L.R.A. 715. 
 
 Right and duty to connect property. 70 
 L.R.A. 242. 
 
 PRIVATE EMPLOYMENT. 
 
 Of prosecuting attorney to represent in- 
 dividuals having an interest adverse to 
 or dissociated from the public interest. 
 L.R.A.1918F, 832. 
 
 PRIVATE ENTERPRISE. 
 
 Power of municipality to engage in, see MU- 
 NICIPAL CORPORATIONS, 16. 
 
 Power of state to engage in. 42 L.R.A. 
 (N.S.) 221. 
 
 Power of legislature to authorize counties or 
 other political divisions to build, pur- 
 chase, or operate railroad or street rail- 
 
 , way, as affected by limitations or re- 
 strictions on power to aid private en- 
 terprises. 28 L.R.A. (N.S.) 412. 
 
 PRIVATE ESTABLISHMENT. 
 
 Power of railroad company to condemn right 
 of way for spur or siding to. 22 L.R.A. 
 (N.S.) 181; 35 L.R.A. (N.S.) 636. 
 
 Consult also L.R.4.. Digests of Cases. 
 
 PRIVATE PERRY. 
 
 Obligation of owner of, as a common car- 
 rier. 68 L.R.A. 154. 
 
 PRIVATE HOSPITAL). 
 
 In general, see HOSPITAL. 
 
 Who may or must be admitted to. L.R.A. 
 1918D, 561. 
 
 PRIVATE INTERNATIONAL LAW. 
 
 See CONFLICT OF LAWS. 
 
 PRIVATE LAND CLAIM. 
 
 Location of mining claim on. 7 L.R.A. 
 
 (N.S.) 786. 
 Rights in as affected by parties living in 
 
 illicit relations. 36 L.R.A. (N.S.) 840. 
 
 PRIVATE LANDS. 
 
 Drainage of, as public purpose for which 
 power of eminent domain may be ex- 
 ercised. 49 L.R.A. 781. 
 
 PRIVATE PURPOSES. 
 
 Public purpose, see EMINENT DOMAIN, 9- 
 23. 
 
 Right of municipality to permit use of, or 
 to lease, its public buildings for private 
 purposes. 31 L.R.A.(N.S.) 580. 
 
 Power of municipality as against abutting 
 owner to vacate street or portion there- 
 of and devote the land to private pur- 
 poses. 22 L.R.A. (N.S.) 530. 
 
 PRIVATE RAILROADS. 
 
 Private character of road as affecting em- 
 inent domain, see EMINENT DOMAIN, 
 22. 
 
 As real or personal property. 66 L.R.A. 
 48. 
 
 As common carriers. L.R.A.1918B, 685. 
 
 Securing right of way for logging road un- 
 der power of eminent domain. 1 L.R.A. 
 (N.S.) 969. 
 
 Liability of proprietor of, for injuries sus- 
 tained by other than employee while 
 being carried thereon. 12 L.R.A. (N.S.) 
 131; 22 L.R.A.(N.S.) 190. 
 
 Applicability to, of enactment abrogating 
 fellow-servant rule as to "railroads." 
 15 L.R.A.(N.S.) 479; 45 L.R.A. (N.S.) 
 841.
 
 1102 
 
 INDEX TO L.R.A. NOTES. 
 
 PRIVATE RAILROADS eont'd 
 
 Operatives employed in industrial plant as 
 fellow servant of employees engaged in 
 operation of private railroad conducted 
 in connection therewith. 20 L.R.A. 
 (N.S.) 354. 
 
 PRIVATE RIGHTS. 
 
 Protection of from interference with, by pub- 
 lic. 18 L.R.A. 543. - 
 
 Right to maintain quo warranto proceedings 
 for vindication of. 22 L.R.A.(N.S.) 
 810. 
 
 PRIVATE ROADS. 
 
 Condemnation of land for, see EMINENT DO- 
 MAIN, 14. 
 
 Liability for injury to travelers on, see 
 HIGHWAYS, 56b. 
 
 PRIVATE SALE. 
 
 Resale at private sale to fix damages for 
 purchaser's refusal to accept goods. 42 
 L.R.A.(N.S.) 83. 
 
 PRIVATE SCHOOLS. 
 
 Power to exercise eminent domain for pur- 
 pose of. 48 L.R.A.(N.S.) 491. 
 
 Power to regulate or prohibit. 29 L.R.A. 
 (N.S.) 53. 
 
 Power to use public school money in sup- 
 port of. 15 L.R.A. 825. 
 
 Use of public school building for. 31 
 L.R.A.(N.S.) 592. 
 
 Exemption from taxation of property used 
 for. 21 L.R.A.(N.S.) 164; L.R.A. 
 1917E, 1097. 
 
 Liability of property of private educational 
 institutions to assessment for local im- 
 provements. 35 L.R.A. 37. 
 
 iLability of one conducting school for in- 
 struction in automobile driving for neg- 
 ligent operation during instruction. 
 L.R.A.1917A, 397. 
 
 PRIVATE SHIPPING POINTS. 
 
 As depot grounds within meaning of fence 
 laws. 7 L.R.A.(N.S.) 209. 
 
 PRIVATE SIDINGS. 
 
 See SPUR TRACKS AND SIDINGS. 
 
 PRIVATE STREAM. 
 
 Acquirement of right on. 70 L.R.A. 274. 
 
 PRIVATE USE. 
 
 Lease or license of public buildings for. 33 
 L.R.A. 118. 
 
 PRIVATE WAY. 
 
 Private way over land of another, see EASE- 
 MENTS. 
 
 Creation of easement by conveyance with 
 reference to, see EASEMENTS, 11. 
 
 Private roads, see PRIVATE ROADS. 
 
 Obstruction of. 14 L.R.A. 559. 
 Obstruction of. as justification for entry on 
 
 adjoining land. 20 L.R.A.(N.S.) 153. 
 Parol agreement to construct private way 
 
 across railroad. 17 L.R.A. (N.S.) 702: 
 
 24 L.R.A.(N.S.) 375. 
 Liability for dangerous condition of grounds 
 
 adjacent to private ways. 26 L.R.A. 
 
 693. 
 Right to use public funds to maintain or 
 
 improve. 35 L.R.A.(N.S.) 524. 
 Injunction against interference with fences, 
 
 under claim of. 7 L.R.A. (N.S.) 69, 80. 
 
 PRIVIES. 
 
 Municipal regulations of, as nuisances, 38 
 
 L.R.A. 316. 
 Liability of landlord to third persons as 
 
 to condition of. 26 L.R.A. 201. 
 
 PRIVILEGE. 
 
 From arrest, see ARREST, 11. 
 
 Privileges and immunities of citizens, see 
 CONSTITUTIONAL LAW, IX. 
 
 Of consul, see CONSUL. 
 
 Against self-incrimination, see CRIMINAL 
 LAW, 49-53. 
 
 As to confidential communications general- 
 ly, see EVIDENCE, 220-226; LIBEL 
 AND SLANDER, 22-30. 
 
 As to proceedings of grand jury, see GBAN 
 JURY, 10. 
 
 Of members of legislature, see LEGISLATURE, 
 2. 
 
 As to libel and slander, see LIBEL AND 
 SLANDER, 22-30. 
 
 As to transit privileges, see TRANSIT PRIVI- 
 LEGES. 
 
 Of witnesses generally, see WITNESSES, 40. 
 
 As to service of process, see WRIT AND 
 PROCESS, 30-37. 
 
 Municipal declaration of forfeiture of, for 
 breach of conditions, as a judicial de- 
 termination. 4 L.R.A. (N.S.) 221. 
 
 Begin vMh this ftoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1103 
 
 PRIVILEGE cont'd 
 
 Possibility of future privileges as element 
 of compensation for property taken by 
 eminent domain. L.R.A.1917A, 413. 
 
 PRIVILEGED COMMUNICATIONS. 
 
 See EVIDENCE, 220-226; LIBEL AND 
 SLANDER, 22-30. 
 
 PRIVITY. 
 
 1. Of contract. 
 
 Between administrator or executor and lega- 
 tee, distributee, or creditor, see EXECU- 
 TORS AND ADMINISTRATORS, 4. 
 
 As to actions on contract. 25 L.R.A. 259. 
 
 As to parties on foreclosure of mortgage as 
 affecting right of set-off. 21 L.R.A. 
 326. 
 
 Between owners of party wall. 66 L.R.A. 
 681. 
 
 Of contract to contribute to cost of party 
 wall. 66 L.R.A. 702. 
 
 Of contract between abstractor and person 
 injured by his negligence. 12 L.R.A. 
 (N.S.) 452. 
 
 Right to maintain replevin against one who 
 lias replevied the property from one 
 with whom plaintiff is in privity. 8 
 L.R.A.(N.S.) 218. 
 
 Right of purchaser to recover amount paid 
 to relieve land from tax liens, from 
 one who should have paid the same but 
 with whom he had no contractual re- 
 lationship. 22 L.R.A.(N.S.) 562. 
 
 Is an administrator or executor in such 
 privity with a legatee, distributee, or 
 creditor that he may assert a personal 
 defense of the latter to claim against 
 the estate. 8 L.R.A.(N.S.) 212, 
 
 Rights and remedies of owner of land in re- 
 spect of crops grown thereon by one not 
 in privity with him. L.R.A.1918A, 550. 
 
 PRIZE AND CAPTURE. 
 
 Prize contest, see PRIZE CONTEST. 
 
 Jurisdiction of consuls in case of. 45 L.R.A. 
 495. 
 
 Allowance of interest on value of vessel 
 captured as prize. 18 L.R.A. 453. 
 
 When property on land may be subject of 
 maritime prize. 5 B. R. C. 957. 
 
 Rights of lien holders as to captured prop- 
 erty. 5 B. R. C. 1002. 
 
 Running into danger of capture; effect of, 
 upon liability on marine insurance 
 policy. 1 L.R.A.(N.S.) 1097. 
 
 Liability of insurer of vessel or cargo "war- 
 ranted free from capture." 5 B. R. C. 
 74. 
 
 Liability of insurer under policy of marine 
 insurance for losses arising out of state 
 of war. 5 B. R. C. 4. 
 
 also L.R.A. Digests of Cases. 
 
 PRIZE AXD CAPTURE cont'd 
 Liability of carrier for capture by public 
 enemy resulting from deviation. L.R.A. 
 1918A, 1066. 
 
 Collusiveness of decision of prize court as 
 to contraband character in determining 
 effect of carriage of contraband upon 
 marine insurance. 5 B. R. C. 58. 
 
 PRIZE CONTEST. 
 
 Legality of voting or popularity contest. 
 L.R.A.1917D, 489. 
 
 Giving prize for compositidn, or solution of 
 puzzle, as lottery. 6 B. R. C. 780. 
 
 Guessing contest as lottery. 11 L.R.A. 
 (N.S.) 609. 
 
 Right to maintain action for prize offered 
 in. 33 L.R.A.(N.S.) 305. 
 
 Changing terms of offer of prize after ef- 
 forts to secure it have begun. 37 
 L.R.A.(N.S.) 183. 
 
 Constitutionality of statute requiring prizes 
 or other inducement to attract trade, to 
 be paid in cash. 41 L.R.A.(N.S.) 1041. 
 
 PRIZE FIGHTING. 
 
 Prize fighting as a crime. 15 L.R.A. 516. 
 Consent as justification for assault. 15 
 
 L.R.A. 853. 
 Prohibition of importation of prize light 
 
 moving picture films. L.R.A.191tiC, 
 
 228. 
 Refusal of innkeeper to accept or serve 
 
 prize fighter as a guest. 52 L.R.A. 
 
 (N.S.) 744. 
 
 PRIZE POLES. 
 
 Master's liability for injury by defect in. 
 13 L.R.A.(N.S.) 680. 
 
 PROBABLE CAUSE. 
 
 For prosecution, see MALICIOUS PBOSECTJ- 
 
 TION, 6, 7. 
 As question for court or jury, see TRIAL, 
 
 3. 
 
 PROBATE. 
 
 See WILLS, 47-56. 
 
 PROBATE COURTS. 
 
 See COURTS, 34.
 
 1104 
 
 INDEX TO L.RJL NOTES. 
 
 PROCEDURE. 
 
 See PRACTICE AND PROCEDURE. 
 
 PROCEEDINGS IN REM. 
 
 Jurisdiction of court as dependent upon 
 character of proceeding in relation to 
 real property, see COURTS, 21, 22. 
 
 Divorce suit as, see DIVORCE AND SEPARA- 
 TION, 10. 
 
 As to foreign judgment in rem, see DIVORCE 
 AXD SEPARATION, 15; JUDGMENT, 67. 
 
 As affecting mode of service of process, see 
 WKIT AND PROCESS. 
 
 Effect of omission of statement that owner 
 is unknown in proceeding in rem to 
 enforce tax. 36 L.R.A.(N.S.) 1060. 
 
 For assault by employee on passenger. 14 
 L.R.A. 740. 
 
 Against carrier for torts of servants to pas- 
 sengers. 40 L.R.A.(N:S.) 1088. 
 
 Will action in rem lie againt proceeds of 
 private sale of property against which 
 such an action would lie. 2 B. R. C. 
 68. 
 
 Effect of judgment in against a dead per- 
 son. 49 L.R.A. 168. 
 
 PROCEEDS. 
 
 Of foreclosure sale, see MORTGAGE, 83. 
 Right to proceeds of land under devise of 
 land, see WILLS, 75. 
 
 Ratification of forged instrument by re- 
 ceiving proceeds of forgery. 36 L.R.A. 
 (N.S.) 1017. 
 
 PROCESS. 
 
 Service of, see WHIT AND PROCESS. 
 
 Right to protection in use of terms descrip- 
 tive of a process. L.R.A.1916E, 633. 
 
 PROCURING CAUSE OF SALE. 
 
 Broker as. 44 L.R.A. 321. 
 
 PRODUCE BUYERS. 
 
 Combination among, as monopoly. 12 
 L.R.A.(N.S.) 150. 
 
 PRODUCE EXCHANGE. 
 
 Seat in, as asset in bankruptcy. 27 L.R.A. 
 (N.S.) 613. 
 
 PRODUCER. 
 
 Implied warranty by, see SALE, 30. 
 
 PRODUCTION OF DOCUMENTS. 
 
 See DISCOVERY AND INSPECTION, 3. 
 
 PROFANITY. 
 
 As ground for divorce. 12 L.R.A.(N.S.> 
 820. 
 
 As disturbance of public peace. 32 L.R.A. 
 (N.S.) 505. 
 
 As a crime. 22 L.R.A. 353. 
 
 Profane statements made by person caus- 
 ing accident sometime thereafter as res 
 gestce. 42 L.R.A. (N.S.) 926. 
 
 Use of profane or offensive language while 
 upon one's own premises as an offense- 
 49 L.R.A. (N.S.) 919. 
 
 Good motive as affecting criminal charge 
 involving profane language or litera- 
 ture. L.R.A.1916B, 1121. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 576. 
 
 PROFERT AND OYER. 
 
 See PLEADING, 5. 
 
 PROFESSION. 
 
 Libel and slander affecting, see LIBEL 
 SLANDER, 14-20, 24-27. 
 
 What is a "profession" within exemption 
 laws. L.R.A.1915F, 916. 
 
 Right to practise a profession as a privi- 
 lege or immunity of a citizen of the 
 United States. 14 L.R.A. 581. 
 
 PROFESSIONAL, MEN. 
 
 Libel or slander of, see LIBEL AND SLANDEB, 
 14-20, 24-27. 
 
 Validity of contract restraining practice of 
 one's profession after expiration of term 
 of service with another. 2 Pi L.R.A. 
 (N.S.) 961. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of profession as af- 
 fected by territorial scope. 24 L.R.A. 
 (N.S.) 913; L.R.A.1916C, 626. 
 
 Loss of time as element of damages for 
 destruction or loss of use of implement* 
 of. 25 L.RJMN.S.) 625. 
 
 Vet/in with this ftoofr on every law question. 
 
 PROFESSIONAL SCHOOLS. 
 
 License of, see LICENSE, 39.
 
 INDEX TO L.R.A. NOTES. 
 
 1105 
 
 PROFESSIONAL! SERVICES. 
 
 Conclusiveness of the testimony of experts 
 
 as to the value of. 45 L.R.A.(N.S.) 
 
 181. 
 Contracts for, to procure legislation. 30 
 
 L.R.A. 738. 
 Husband's liability for professional services 
 
 furnished wife. 65 L.R.A. 529; 47 
 
 L.R.A.(N.S.) 279. 
 
 PROFESSOR. 
 
 Character of occupation of premises by. 
 4 L.R.A.(N.S.) 714, 719, 725. 
 
 PROFIT A PRENDRE. 
 
 In easement in gross, nature of. 14 L.R.A. 
 333. 
 
 PROFITS. 
 
 Duty of cotenant to account for, see CO- 
 TENANCY, 8. 
 
 Loss of, as element of damages, see DAM- 
 AGES, 107-118. 
 
 Insurance against loss of, see Insurance, 
 XIV. 
 
 Rights and liabilities of parties to mort- 
 gage as to, see MORTGAGE, 33. 
 
 Creation of partnership by agreement to 
 share, see PARTNERSHIP, 7. 
 
 Treatment of profits of contractors and pro- 
 moters as part of overhead charges in 
 public service property valuations. 48 
 L.R.A.(N.S.) 1041, 3048. 
 
 Who is real party in interest by whom ac- 
 tion for must be brought. 64 L.R.A. 
 620. 
 
 How far profits of exempt property are 
 exempt. 19 L.R.A. 38. 
 
 Duty of municipal officer to account for 
 profits made in transaction with munic- 
 ipality. 48 L.R.A. (X.S.) 842. 
 
 Duty of partner to account for profits real- 
 ized from transactions independently of 
 tirm. 52 L.R.A.(N.S.) 389. 
 
 Liability of personal representative for 
 profits of business carried on by him. 
 40 L.R.A. (N.S.) 220. 
 
 Profits accruing during marriage in connec- 
 tion with property belonging to sepa- 
 rate estates of either spouse as com- 
 munity property. 31 L.R.A. (N.S.) 
 1092. 
 
 Effect of secret profits on broker's right to 
 commissions. 45 L.R.A. 39. 
 
 Right to credit of, on mortgage given to loan 
 association. 29 L.R.A. 129. 
 
 Power of equity in jurisdiction where mort- 
 gage does not convey title to impound 
 
 PROFITS cont'd 
 
 Allowance of interest on withdrawn profits, 
 in favor of or against partner during 
 continuance of partnership. 35 L.R.A. 
 (N.S.) 223. 
 
 Burden of proof as to profits in suit for 
 profits from infringement of patent or 
 copyright. 41 L.R.A.(N.S.) 653. 
 
 Effect of statute of frauds upon parol con- 
 tracts for sharing profits which may, 
 but are not intended to, be performed 
 within a year. 15 L.R.A. (N.S.) 317. 
 
 Taxation of, as part of capital stock of cor- 
 poration. 58 L.R.A. 569. 
 
 Admissibility in action for wrongful death 
 of evidence of profits or contributions 
 from business conducted by decedent. 
 L.R.A.1938C, 1087. 
 
 PROFIT SHARING CERTIFICATES. 
 
 Regulation and prohibition of use of. 
 L.R.A.1917A, 433. 
 
 PROHIBITED ARTICLES. 
 
 Keeping of, on insured premises, see Insur- 
 ance, 78 a. 
 
 PROHIBITED INSTRUMENTS. 
 
 Forgery of. 24 L.R.A. 44. 
 
 profits of mortgaged property pending 
 foreclosure. 7 L.R.A. (N.S.) 1001. 
 Consult also L.R.A. Digests of Cases. 70 
 
 PROHIBITION. 
 
 1. Generally. 
 
 Of sale of liquor, see INTOXICATING LIQ- 
 UORS, 2-4. 
 
 2. When lies. 
 
 In exercise of superintending control over 
 
 inferior courts. 51 L.R.A. 33. 
 Against proceeding under unconstitutional 
 
 statute. 1 L.R.A. (N.S.) 843. 
 To restrain court from proceeding in case 
 
 in which it has erroneously denied a 
 
 change of venue. 2 L.R.A. (N.S.) 395. 
 To restrain suit prosecuted collusively or 
 
 for an ulterior purpose. 24 L.R.A. 
 
 (N.S.) 874. 
 To prevent receiver from taking property 
 
 from possession of stranger. 47 L.R.A. 
 
 (N.S.) 757. 
 Prohibition to prevent numerous unfounded 
 
 prosecutions for alleged violation of 
 
 statute or ordinance. 37 L.R.A.(N.S.) 
 
 448. 
 Prohibition against court proceeding with a 
 
 case in which it erroneously denied a 
 change of venue. L.R.A.1917F, 911.
 
 1106 INDEX TO L.R.A. NOTES. 
 
 PROJECTED STORY. PROMPTNESS. 
 
 Extension of, beyond line as violation of 
 building restriction. 52 L.R.A.(N.S.) 
 1051. 
 
 PROJECTING SCREW. 
 
 Master's liability for injury to servant by, 
 see MASTEB'AND SERVANT, 89. 
 
 Doctrine of "attractive nuisance" as applied 
 to injury from. 19 L.R.A.(N.S.) 1130. 
 
 PROMISE. 
 
 In general, see CONTRACT. 
 
 As fraud, see FRAUD AND DECEIT, 8. 
 
 Of marriage, see PROMISE or MARRIAGE. 
 
 To repair, see LANDLORD AND TENANT, 17, 
 17a; MASTER AND SERVANT, 119, 120, 
 130. 
 
 As affecting statute of limitations, see LIMI- 
 TATIONS OF ACTION, 68-71. 
 
 Voluntariness of confession induced by. 18 
 L.R.A.(N.S.) 820; 50 L.R.A.(N.S.) 
 1086. 
 
 PROMISE OF MARRIAGE. 
 
 Breach of, see BREACH OF PROMISE. 
 As a false pretense. L.R.A.1917E, 808. 
 
 PROMISE TO REPAIR. 
 
 See LANDLORD AND TENANT, 17, 17a; 
 MASTER AND SERVANT, 119, 120, 130. 
 
 PROMISSORY NOTES. 
 
 See BILLS AND NOTES. 
 
 PROMOTERS. 
 
 Of 
 
 corporations 
 TIONS, VII, 
 
 generally, see CORPORA- 
 
 Allowance for promoters' profits in estimat- 
 ing value of public service property. 48 
 L.R.A.(N.S.) 1048. 
 
 PROMOTION. 
 
 As essential to rescission of contract, see 
 CONTRACTS, 155. 
 
 PROMPT PAYMENT. 
 
 For use of telephone, see TELEPHONES, 7. 
 
 Agreement for reduction of usurious interest 
 for, or in case of. 49 L.R.A. 551. 
 
 Admissibility of evidence of earnings in 
 higher position on question of damages 
 for injury to person who was in line of 
 promotion. 1 L.R.A. (N.S.) 1150. 
 
 Begin with this book on every law question. 
 
 PROMULGATION. 
 
 Of rules by employer, see MASTER AND SERV- 
 ANT, 71. 
 
 Mandamus to compel promulgation of act 
 passed by legislature. 22 L.R.A.(N.S.) 
 1089. 
 
 **- 
 
 See EVIDENCE. 
 
 PROOF. 
 
 
 
 PROOFS OF LOSS. 
 
 See INSURANCE, 145-150. 
 
 *-- 
 
 PROPERTY. 
 
 1. Generally. 
 
 Of infant, see INFANTS, IV. 
 
 Property rights of corporation, see CORPO- 
 RATIONS, 26, 26a. 
 
 Property rights of municipality, see MUNIC- 
 IPAL CORPORATIONS, 68-71. 
 
 Of railroad company, see RAILROADS, IV. 
 
 Of religious society, see RELIGIOUS SOCIE- 
 TIES, 3. 
 
 Of school district, see SCHOOLS, 29, 30. 
 
 Of United States, see UNITED STATES, 3. 
 
 Personal property, see PERSONAL PROPERTY. 
 
 Real property, see REAL PROPERTY. 
 
 Public property, see PUBLIC PROPERTY. 
 
 Valuation of property of public service cor- 
 porations, see PUBLIC SERVICE CORPORA- 
 TIONS, 5. 
 
 Protection of rights in, see CONSTITUTIONAL 
 LAW, IX. i. 
 
 Payment for corporate stock by, see CORPO- 
 RATIONS, 8 la, 106. 
 
 Condemnation of, see EMINENT DOMAIN. 
 
 Obtaining of, by false pretenses, see FALSH 
 PRETENSES. 
 
 Insurance on, see INSURANCE. 
 
 Loss of, see Loss. 
 
 In transit, taxation of, see TAXES, 43. 
 
 Doctrine as to possibility of issue extinct 
 
 as affecting property rights. 
 (N.S.) 865. 
 
 48 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 1107 
 
 PROPERTY cont'd 
 
 Trial of right to property in proceedings 
 
 instituted by search warrant. 46 L.R.A. 
 
 (N.S.) 970. 
 
 Insane delusions as to. 37 L.R.A. 282. 
 Injunction against prosecutions under city 
 
 ordinances affecting. 21 L.R.A. 88. 
 How fur property right necessary to sustain 
 
 action for private nuisance. 15 L.R.A. 
 
 889. 
 
 KllVct on property rights of divorce involv- 
 ing international elements. 59 L.R.A. 
 
 178. 
 Conclusiveness of decisions of tribunals of 
 
 associations or corporations directly on 
 
 property rights. 49 L.R.A. 372. 
 Acceptance of property in payment of debt 
 
 as an accord and satisfaction. L.R.A. 
 
 1917A, 723. 
 
 2. Property right in various kinds of 
 property. 
 
 In highway, see HIGHWAYS, 10. 
 
 Of husband and wife, see HUSBAND AND 
 
 WIFE, IV. 
 Of incompetent persons, see INCOMPETENT 
 
 PERSONS, 13-16. 
 
 Property rights in trees on or overhanging 
 boundary line. 46 L.R.A. (N.S.) 3. 
 
 Title and right to escaped inanimate prop- 
 erty. 43 L.R.A. (N.S:) 460. 
 
 Property right in wild animals which are 
 being pursued or have been wounded. 
 50 L.R.A. (N.S.) 704. 
 
 In bees. 40 L.R.A. 687. 
 
 In dogs. 40 L.R.A. 503. 
 
 In secrets. 13 L.R.A. 652. 
 
 In market quotations. 7 L.R.A. (N.S.) 889. 
 
 In ferry franchise. 59 L.R.A. 515. 
 
 Gambling device as property within consti- 
 tutional protection. 12 L.R.A.(N.S.) 
 394. 
 
 3. Use and possession of. 
 
 Possession of real property, see POSSESSION, 
 1-4. 
 
 Possession of personal property, see POS- 
 SESSION, 5-8. i 
 
 Mandatory injunction as to use of. 20 
 
 L.R.A. 161. 
 Mantatory injunction as to possession of. 
 
 20 L.R.A. 169. 
 Right of private persons to contest power 
 
 of corporation to take or hold. 32 
 
 L.R.A. 293; 44 L.R.A. (N.S.) 544; 46 
 
 L.R.A.(N.S.) 72. 
 Creation of partnership by provision for 
 
 taking profits for use of property. IS 
 
 L.R.A.(N.S.) 1041. 
 Possession of, as a crime. 20 L.R.A. 52. 
 
 4. Transfer of. 
 
 Of personal property, see PERSONAL PROP- 
 ERTY, 5, 6; SALE. 
 
 Authority of agent as to purchase or sale 
 of, see PBINCIPAL AND AGENT, 15. 
 
 PROPERTY cont'd 
 5. Injury to. 
 
 Destruction of, see DESTRUCTION, 2, 3. 
 
 Loss of, see Loss. 
 
 Municipal liability for injury to, through 
 defects in street, see HIGHWAYS, 10J. 
 
 Landlord's liability for injury to, or con- 
 version of, see LANDLORD "AND TENANT, 
 70, 71. 
 
 Negligent injury to property generally, see 
 NEGLIGENCE, 53-55. 
 
 Effect of bad motive on liability for injury 
 to. 62 L.R.A. 678. 
 
 Municipal liability for injury to property 
 rights through defective plan of street 
 construction. 67 L.R.A. 257. 
 
 Municipal liability for injury to property 
 of one driving over defective highway 
 where at time of accident his horse is 
 frightened without fault of either 
 party. 8 L.R.A.(N.S.) 77: 29 L.R.A. 
 (N.S.) 199; L.R.A.1915D, 243. 
 
 Master's liability for injury to property of 
 one to whom he owes no contractual 
 duty by acts of volunteer assisting serv- 
 ant in performance of master's service. 
 13 L.R.A. (N.S.) 572; 45 L.R.A. (N.S.) 
 382; L.R.A.1916B, 630. 
 
 Effect of assisting physically in creation of 
 condition, on right for damages to 
 property caused therebv. 42 L.R.A. 
 (N.S.) 709. 
 
 Liability for loss of, at ford. 46 L.R.A. 
 (N.S.) 229. 
 
 Injury to property by discharge of explo- 
 sives during shipment. L.R.A.1916B, 
 725. 
 
 6. Of prisoner. 
 
 Liability of bondsmen of peace officer for 
 acts of latter as to property taken from 
 prisoner. 37 L.R.A. (N.S/J 873. 
 
 Liability of officer who turns over articles 
 taken from prisoner to a third person 
 in recognition of the tatter's adverse 
 claim. 19 L.R.A.(N.S.) 833. 
 
 PROPERTY QUALIFICATION. 
 
 Of voters. 25 L.R.A. 482. 
 Of juror, waiver of. 39 L.R.A.(N.S.) 967. 
 Want of, by jurors as ground for new trial. 
 18 L.R.A. 476. 
 
 PROPERTY RIGHT. 
 
 See PBOPEBTY. 
 
 PRORATING. 
 
 Right to preliminary injunction which Between in9Urance companies, see INSU*- 
 
 would have effect of transferring pos- ANCE 200 
 
 session of property, title to which Is 
 
 in dispute, from defendant to plaintiff. Provisions as to, in irrigation contracts. 
 
 39 L.R.A. (N.S.) 31. L.R.A.1916F, 270. 
 
 Consult also L.R.A. Digests of Cases. *
 
 1108 
 
 INDEX TO L.R.A. NOTES. 
 
 PROSECUTING ATTORNEY. 
 
 See DISTRICT AND PROSECUTING ATTORNEY. 
 
 PROSECUTING WITNESS. 
 
 Voluntariness of confession to. 18 L.R.A. 
 (N.S.) 849. 
 
 Uncontradicted statement in presence of, as 
 a confession or admission. 25 L.R.A. 
 (N.S.) 551. 
 
 Competency of, on trial for obtaining prop- 
 erty by false pretenses, to testify that 
 he was induced to part with his prop- 
 erty by defendant's statements. 34 
 L.R.A.(N.S.) 642. 
 
 Constitutionality of statute authorizing 
 costs of prosecution to be imposed upon. 
 61 L.R.A. 489. 
 
 PROSECUTOR. 
 
 Illegal intent of, or transaction by, as a 
 defense, see CRIMINAL LAW, 21. 
 
 See also DISTRICT AND PROSECUTING ATTOR- 
 NEYS. 
 
 Voluntariness of confession to. 18 L.R.A. 
 
 (N.S.) 849; 50 L.R.A.(N.S.) 1088. 
 Power to dismiss prosecution. 35 L.R.A. 
 
 701. 
 
 As grand juror. 28 L.R.A. 201. 
 As witness before grand jury. 28' L.R.A. 
 
 322. 
 Sufficiency of evidence of, before grand jury 
 
 to sustain indictment. 28 L.R.A. 326. 
 Improper influence or interference with 
 
 grand jury by. 28 L.R.A. 370. 
 Necessity of consent of court to entry of 
 
 nolle prosequi in a criminal case. 45 
 
 L.R.A.(N.S.) 1123. 
 
 Right of accused to complain because prose- 
 cution is assisted by unofficial member 
 
 of the bar. 24 L.R.A. (N.S.) 564; 47 
 
 L.R.A.(N.S.) 1106. 
 
 PROSPECT. 
 
 Easement of, see EASEMENTS, 13, 19-21. 
 
 PROSPECTING. 
 
 For minerals. 7 L.R.A. (N.S.) 820. 
 
 PROSPECTIVE ACTION. 
 
 May assessment for benefits rest upon pro- 
 spective .action in completing improve- 
 ment. 28 L.R.A.CN.S.) 669. 
 
 PROSPECTIVE DAMAGES. 
 
 Recovery for, see DAMAGES, 62, 63, 119". 
 
 PROSPECTIVE GUARANTY. 
 
 See GUARANTY. 
 
 PROSPECTIVE HEIR. 
 
 Transfer of expectancy by, see EXPECTANCY. 
 
 --* 
 
 PROSPECTIVE STATUTES. 
 
 Construing statute as prospective, see STAT- 
 UTES, 28. 
 
 PROSPECTIVE VALUE. 
 
 Of property as element of compensation in. 
 eminent domain. L.R.A.1917A, 405. 
 
 PROSPECTS. 
 
 Husband's prospects as basis for alimony. 
 4 L.R.A.(N.S.) 909. 
 
 , PROSPECTUS. 
 
 Right to rescind subscription contract in> 
 case of variance between prospectus 
 and articles of incorporation. 33 
 L.R.A. 733. 
 
 Liability of officers or promoters to one 
 who purchases stock from an indi- 
 vidual in reliance on a prospectus is- 
 sued to induce purchase of treasury/ 
 stock. 28 L.R.A.(N.S.) 359. 
 
 PROSTITUTE. 
 
 Slander in charging woman with being, see 
 
 LIBEL AND SLANDER, 12. 
 In general, see PROSTITUTION. 
 
 Bringing wife in contact with, as ground 
 for divorce. 43 L.R.A. (N.S.) 964. 
 
 Statute or ordinance making it an offense 
 to associate with. L.R.A.1917F, 904. 
 
 PROSTITUTION. 
 
 1. Generally. 
 
 House of, see DISORDERLY HOUSES. 
 Intercourse with girl under age of consent,. 
 
 see AGE OF CONSENT. 
 
 Begin u-ith th& boo// on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1109 
 
 "PROSTITUTION" cont'd 
 
 See also ADULTERY; FORNICATION; INCEST; 
 
 LASCIVIOUS COHABITATION; LEWDNESS; 
 
 PROSTITUTES; SEDUCTION. 
 
 State legislation for prevention of immoral- 
 ity as interference with interstate com- 
 merce. 51 L.R.A. (N.S.) 157. 
 
 Recovery for goods sold for use in aid of. 
 15 L.R.A. 835. 
 
 Effect of landlord's knowledge that tenant 
 intends to use the premises for pur- 
 poses of. 19 L.R.A. (N.S.) 662. 
 
 2. White slave act. 
 
 Construction, applicability, and effect of 
 congressional White Slave Traffic Act. 
 L.R.A.1917E, 1137. 
 
 Indictment of woman transported in viola- 
 tion of white slave traffic act for con- 
 spiracv to violate the laws of the Unit- 
 ed States. L.R.A.1915D, 281. 
 
 Wife as witness against husband in prosecu- 
 tion under White Slave Act. L.R.A. 
 1917E, 1133. 
 
 PROTECTION. 
 
 Of recording laws, who entitled to, see 
 
 RECORDS AND RECORDING LAWS, 16. 
 Of witness, see WITNESSES, 40. 
 
 PROVABLE DEBTS. 
 
 Against estate of bankrupt, see BANK- 
 RUPTCY, 25, 25a. 
 
 PROTEST. 
 
 1. Generally. 
 
 Of negotiable paper, see BILLS AND NOTES, 
 g 43-53. 
 
 Effect of protest by servant in performance 
 of duties outside of original employ- 
 ment. 48 L.R.A. 808. 
 
 Effect of acceptance under protest by ven- 
 dee where stipulations as to title in 
 executory contract for sale of land are 
 dissimilar from those in subsequently 
 executed conveyance. 31 L.R.A. (N.S.) 
 461. 
 
 2. As to rights in real property. 
 
 Effect of protest by owner to prevent acqui- 
 sition of right of way by prescription. 
 25 L.R.A. (N.S.) 174. 
 
 Validity of contract not to protest against 
 application for patent to public land. 
 9 L.R.A. (N.S.) 529. 
 
 Duty and right of excluded co-owner to file 
 adverse or protest against application 
 for patent to a mining claim. 4 
 L.R.A. (N.S.) 1126. 
 
 % 3. As condition of recovery back of 
 money paid. 
 
 Against payment of license fee as affecting 
 voluntariness of payment. 22 L.R.A. 
 (N.S.) 876; 49 L.R.A. (N.S.) 388. 
 
 Necessity and sufficiency of statement of 
 grounds in notice of protest required 
 as condition of recovering back pay- 
 ment of an unlawful tax. 36 L.R.A. 
 (N.S.) 476. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PROVISIONS. 
 
 Sufficiency of delivery of provisions sold 
 out of larger lot. 26 L.R.A.(N.S.) 
 36. 
 
 Express warranty as to, as excluding im- 
 plied warranty- 33 L.R.A. (N.S.) 505. 
 
 Liability of vendor in cases of tort for 
 sale of unwholesome provisions. 21 
 L.R.A. 139. 
 
 What is included within exemption of pro- 
 visions. L.R.A.1916B, 788. 
 
 PROVISO. 
 
 Effect of proviso in lease against assign- 
 ment without consent upon right of 
 assignee to assign. 2 B. R. C. 803. 
 
 PROVOCATION. 
 
 For homicide, see HOMICIDE, IV. 
 
 Evidence of provocation to mitigate dam- 
 ages in civil action for assault. 1 
 L.R.A.(N.S.) 137; 11 L.R.A.(N.S.) 
 670. 
 
 Provocation less than an assault as defense 
 to civil action for assault and battery. 
 38 L.R.A.(N.S.) 516. 
 
 Right of self-defense against assault pro- 
 voked by abusive language. 51 L.R.A. 
 (N.S.) 838. 
 
 Provocation by opposing counsel as excuse 
 for misstatement of facts, or statement 
 of facts not in evidence by counsel in 
 argument to jury. L.R.A.1918D, 18, 
 107. 
 
 PROVOKING DIFFICULTY. 
 
 See HOMICIDE, 28-30. 
 
 PROXIMATE CAUSE. 
 
 /. In general, 1-3. 
 II. Of death; loss or injury by the 
 
 elements, 4-7. 
 
 1/7. Of injury to passenger, S-1O. 
 IV. Of injury by railroad train or 
 
 engine, 11, 12. 
 V. Of injury on defective highivay 
 
 or bridge, 13, 14. 
 VI. Of injury to servant or tenant, 
 
 15-17. 
 
 VII. Of injury by fright, 18-2O. 
 VIII. Under civil damage act, 21. 
 IX. Miscellaneous, 22.
 
 1110 
 
 INDEX TO L.R.A. NOTES. 
 
 PROXIMATE CAUSE cont'd 
 /. In general. 
 
 1. Generally. 
 
 As to liability for negligent injury, gener- 
 ally, see NEGLIGENCE, and other specific 
 titles, e. g. CARRIERS, ELECTRICITY, 
 MASTER AND SERVANT, RAILROADS, 
 STREET RAILWAYS. 
 
 As affecting damages, see DAMAGES. 
 
 Of loss of insured property, see INSURANCE, 
 VIII. c, 1. 
 
 Of injury to, or death of, insured, see IN- 
 SURANCE, VIII. c, 2. 
 
 As to "last clear chance," see NEGLIGENCE, 
 50-52. 
 
 Effect of negligence of, or failure to em- 
 ploy, physician, see PHYSICIANS AND 
 SURGEONS, 17. 
 
 Effect of obeying or disobeying physician, 
 see PHYSICIANS AND SURGEONS, 18. 
 
 Granting new trial on issue of proximate 
 cause only. L.R.A.1915E, 249. 
 
 Weather conditions as an independent, in- 
 tervening, efficient cause. 20 L.R.A. 
 (N.S.) 92. 
 
 Anticipation as an ele.ment of proximate 
 cause. 11 L.R.A.(N.S.) 684. 
 
 Of injury from violation of statute not ex- 
 pressly conferring right of action. 9 
 L.R.A.(N.S.) 345. 
 
 Of injury from violation of statute not ex- 
 pressly conferring right of action. 
 L.R.A.1915E, 516. 
 
 Damages recoverable for delaying person by 
 blocking railroad crossing. 44 L.R.A. 
 (N.S.) 1069. 
 
 Negligence responsible for accident as prox- 
 imate cause of personal injury received 
 in performance of act or work rendered 
 necessary by the accident. 7 L.R.A. 
 (N.S.) 907. 
 
 Subsequent conduct of injured person in its 
 relation to proximate cause, as dis- 
 tinguished fron contributory negligence. 
 18 L.RJMN.S.) 640. 
 
 The question of proximate cause as affect- 
 ing applicability of rule denying con^ 
 tribution between joint tort feasors. 
 36 L.R.A. (N.S.) 583. 
 
 2. Of injury to children. 
 
 By explosion, see infra, 7. 
 
 By railroad train, see infra, 12. 
 
 Injury to minor servant, see infra, 16. 
 
 May the intervening act of a child break 
 the causal connection between the de- 
 fendant's negligence and the injury. 
 23 L.R_A.(N.S.) 249. 
 
 Of injury by attractive nuisance. 19 L.R.A. 
 (N.S.) 1165. 
 
 3. Rule of, in case of malicious torts. 
 
 The general rule. 45 L.R.A. 87. 
 
 In case of wrongful violations of legal 
 duty or positive law. 45 L.R.A. 87. 
 
 In case of acts directly malicious or wilful. 
 45 L.R.A. 89. 
 
 Wilful misrepresentations and false war- 
 ranties. 45 L.R.A. 90. 
 
 Limit to the rule. 45 L.R.A. 91. 
 
 PROXIMATE CAUSE confa 
 
 //. Of death ; loss or injury by the 
 elements. 
 
 4. Generally. 
 
 Delaying run of logs as proximate cause 
 of loss from high water, wind, or other 
 similar cause. 31 L.R.A.(N.S.) 1131. 
 
 Accident as proximate cause of death under 
 anesthetic. 3 B. R. C. 65. 
 
 5. Of loss by fire or wind. 
 
 Of damage by fire. 21 L.R.A. 259. 
 
 Spreading bv wind of fires negligently set, 
 20 L.R.A.(N.S.) 92. 
 
 Wind as proximate cause of accident. 20- 
 L.R.A.(N.S.) 95. 
 
 Proximate cause of damage resulting from 
 fire as affected by time, distance, or 
 intervening property. 42 L.R.A. 
 (N.S.) 759. 
 
 Accumulation of inflammable material 
 which aids spread of fire originating 
 on another's property as proximate 
 cause of destruction of property of 
 third persons. 12 L.R.A. (N.S.) 446. 
 
 Negligently setting out fire as proximate 
 cause of injury to one burned while 
 seeking to protect his property. 15- 
 L.R.A.(N.S.) 819: L.R.A.1915E/flfl1. 
 
 Liability for setting, upon one's own prem- 
 ises, a fire which spread to the prop- 
 erty of others. 36 L.R.A. (N.S.) 194. 
 
 Discharging oil into stream or bay as prox- 
 imate cause of fire resulting therefrom. 
 30 L.R.A. (N.S.) 1210. 
 
 Proximate cause of injury by dangerous 
 walls left unprotected after fire. 20 
 L.R.A.(N.S.) 96. 
 
 Delaying run of logs as proximate cause 
 of injury by wind. 31 L.R.A. (N.S.) 
 1131. 
 
 6. Of loss or injury by explosion. 
 
 As affecting liability of gas company for 
 negligence in escape or explosion of 
 gas. 29 L.R.A. 356; 32 L.R.A.(N.S.) 
 819; L.R.A.1915E, 1027. 
 
 Intervening act of third person as affecting 
 . proximate cause in case of injury by ex- 
 plosives. L.R.A.1915E, 479. 
 
 Violation of statute or ordinance relating 
 to explosives as proximate cause of 
 injury. 48 L.R.A. (N.S.) 877. 
 
 Unlawful or negligent storage of explosives 
 as proximate cause of injuries from ex- 
 plosion caused by fire. L.R.A.1917F, 
 624. 
 
 g 7. to children. 
 
 Leaving explosives accessible to children as 
 proximate cause of injury to child by 
 explosion thereof. 14 "L.R.A. (N.S.) 
 586; 24 L.R.A. (N.S.) 1257: L.R.A. 
 1917A, 1295. 
 
 III. Of injury to passenger. 
 
 8. Generally. 
 
 As condition of liability of carrier deviat- 
 ing from course. 2 B. R. C. 608. 
 
 Begin irith this Zoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1111 
 
 PROXIMATE CAUSE, III. cont'd 
 
 Negligence in directing passenger to wrong 
 train as proximate cause of injuries 
 sustained in alighting from train while 
 in motion. 32 L.R.A. (N.S.) 280. 
 
 What injuries may be deemed the proxi- 
 mate result of discharging passenger 
 at improper place, or one not his des- 
 tination. 7 L.R.A.(N.S.) 1177. 
 
 Of injury to passenger resulting from 
 fright. 45 L.R.A.(N.S.) 437. 4 
 
 Negligence of carrier as proximate cause of 
 injury to passenger from act of drunk- 
 en fellow-passenger. 4 B. R. C. 330. 
 
 Ejection of sick or intoxicated passenger 
 as proximate cause of subsequent in- 
 jury or death. L.R.A.1915C, 142. 
 
 Failure to properly light car or waiting 
 room or permitting car to be over- 
 crowded as proximate cause of assault 
 upon or robbery of passenger. L.R.A. 
 1918A, 1072. 
 
 Liability of carrier for personal injuries to 
 passenger who attempts to reach his 
 destination by other means because of 
 delay or stalling of car or train. 
 L.R.A.1917F, 357. 
 
 9. Failure to stop train. 
 
 Of injury to passenger whose train has 
 run past station. 37 L.R.A. (N.S.) 266. 
 
 What injuries may be deemed the proxi- 
 mate result of failure to stop street 
 car for waiting passenger. 33 L.R.A. 
 (N.S.) 1007. 
 
 Damages incident to attempt to reach des- 
 tination by other means as an element 
 of recovery for failure to stop train 
 for intending passenger. 8 L.R.A. 
 (N.S.) 880. 
 
 g 10. On elevator. 
 
 Leaving elevator in position to be operated 
 by stranger as proximate cause of in- 
 jury to passenger occasioned by act of 
 third party in connection therewith 
 22 L.R.A.(N.S.) 297. 
 
 IV. Of injury toy railroad train or en- 
 gine. 
 
 11. Generally. 
 
 Proximate cause of injury caused by car or 
 engine set in motion by third person. 
 26 L.R.A.(N.S.) 719. 
 
 Proximate cause of injury where person or 
 vehicle runs into side of train at 
 crossing. L.R.A.1915A, 363. 
 Failure to give crossing signals. 38 
 L.R.A.(N.S.) 1153. 
 
 Of injury by railroad trains or cars oper- 
 ated longitudinally along public street. 
 49 L.R.A. (N.S.) 690. 
 
 Liability of railroad company for injury 
 resulting from act of shipper of con- 
 signee in setting car in motion. 51 
 L.R.A. (N.S.) 888. 
 
 Necessity that violation of statute or ordi- 
 nance as to blocking railroad crossing 
 be proximate cause of injury. 47 
 L.R.A. (N.S.) 822. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PROXIMATE CAUSE, IV. cont'd 
 When violation of statute or ordinance as 
 to blocking of railroad crossing is 
 deemed proximate cause of resulting in- 
 jury. 47 L.R.A. (N.S.) 824. 
 
 12. To child. 
 
 Negligent operation of train at crossing as 
 proximate cause of injury to child, in- 
 capable of contributory negligence, who 
 was aware of train's approach. 34 
 L.R.A. (N.S.) 645. 
 
 Proximate cause of injury to child by rail- 
 road trains or cars operated longitudi- 
 nally along public street. 49 L.R.A. 
 (N.S.) 690. 
 
 V. Of injury on defective highway or 
 
 bridge. 
 
 % 13. Highway. 
 
 Effect of fright of horse, see infra, 20. 
 
 Defect in highway as proximate cause of in- 
 jury. 13 L.R.A. (N.S.) 1252; 20 L.R.A. 
 (N.S.) 732. 
 
 Obstruction in highway as proximate cause; 
 of injury notwithstanding intervening 
 cause. 9 L.R.A. (N.S.) 548. 
 
 Act of stranger in attempting to remedy 
 defect in highway as intervening cause 
 of injury to traveler. 14 L.R.A. (N.S.) 
 956. 
 
 What injuries may be deemed to be proxi- 
 mately caused by the absence of a guard 
 rail in a highway. 18 L.R.A. (N.S.) 
 1135. 
 
 Liability for negligence in permitting wires 
 to hang down notwithstanding inter- 
 vening act of third person in connec- 
 tion therewith. 24 L.R.A. (N.S.) 978. 
 
 Failure of road authority to make repairs 
 as intervening cause relieving from lia- 
 bility for negligence one responsible for 
 the condition of the highway. 3 B. R. 
 C. 1000. 
 
 14. Bridge. 
 
 Negligent breaking of bridge as proximate 
 cause of obstruction of navigation 
 necessary to effect repair. 10 L.R.A. 
 (N.S.) 710. 
 
 VI. Of injury to servant or tenant. 
 
 15. Servant. 
 
 Relation of doctrine of, to master's lia- 
 bility for injury to servant from con- 
 curring negligence of master and fel- 
 low servant, see MASTER AND SEBVAXT, 
 134. 
 
 Relation of rule of proximate cause to rule 
 
 res ipsa loquitur. L.R.A.1917E, 35, 197, 
 
 209, 232, 240. 
 Rule of, applied to combined negligence of 
 
 master and fellow servant. 16 L.R.A. 
 
 819. 
 As affecting liability for injury to servant 
 
 of other person. 46 L.R.A. 319. 
 Omission to promulgate rules as proximate 
 
 cause of injury to servant. 43 L.R.A. 
 
 320.
 
 1112 
 
 INDEX TO L.R.A. NOTES. 
 
 PROXIMATE CAUSE, VI. cont'd 
 
 Servant's recovery for injury notwithstand- 
 ing violation of rule unless proximate 
 cause of injury. 43 L.R.A. 352. 
 
 Nonliability for failure to warn servants 
 unless such failure was proximate cause 
 of injury. 44 L.R.A. 86. 
 
 To create liability, omission of duty to 
 inspect instrumentality furnished serv- 
 ant must be proximate cause of injurv. 
 41 L.R.A. 83. 
 
 Master's liability for injury to servant 
 where his own negligence intervenes 
 as proximate cause between delinquent 
 coservant's negligence and the injury. 
 54 L.R.A. 165. 
 
 Employer's liability for injuries in per- 
 formance of work by independent con- 
 tractor where employer's own act is 
 proximate cause of injury. 66 L.R.A. 
 941. 
 
 Negligent condition of place or appliances 
 as the proximate cause of injuries not 
 primarily caused by that condition. 40 
 L.R.A. (N.S.) 940. 
 
 Negligence responsible for accident as prox- 
 imate cause of personal injury sus- 
 tained in performance of act or work 
 rendered necessary by the accident. 
 7 L.R.A.(N.S.) 907. 
 
 Negligence in sending rolling stock out in 
 defective condition as proximate cause 
 of injury to one attempting to repair 
 it en route. 43 L.R.A. (N.S.) 70 J. 
 
 Proximate cause of injury to employee 
 caused by car or engine set in motion 
 by third person. 26 L.R.A. (N.S.) 719. 
 
 Leaving switch unlocked as proximate cause 
 of derailment of train resulting from 
 the throwing of the switch by a stran- 
 ger. 11 L.R.A.(N.S.) 738. 
 
 16. minor servant. 
 
 Necessity that injury to child proximately 
 result from his employment in viola- 
 tion of statute. 1 B. R. C. 634; 48 
 L.R.A.(N.S.) 661. 
 
 17. Of injury to tenant. 
 
 Of injury to tenant from defect in prem- 
 ises. 34 L.R.A. 831. 
 
 VII. Of injury l>y fright. 
 
 18. Generally. 
 
 Right to recover for physical injury re- 
 sulting from fright caused by wrongful 
 act. 3 L.R.A.(N.S.) 49; 22 L.R.A. 
 (N.S.) 1073; 24 L.R.A.(N.S.) 1159; 
 L.R.A.1915D, 830. 
 
 Proximate cause of injury to passenger re- 
 sulting from fright. 45 L.R.A.(N.S.) 
 437. 
 
 19. Of injuries through fright of 
 horse. 
 
 Of injuries through fright of horse. 15 
 
 L.R.A. 367. 
 What deemed to be the proximate cause of 
 
 injuries following a runaway. 5 
 
 L.R.A.(N.S.) 373. 
 Begin trith this book on every law question. 
 
 PROXIMATE CAUSE, VII. cont'd 
 20. on defective highway. 
 
 Liability of municipality for injury to per- 
 son or property of one driving over 
 defective highway, where his horse is 
 frightened without fault of either 
 party. 8 L.R.A. (N.S.) 77; 29 L.R.A. 
 (N.S.) 199; L.R.A.1915D, 243. 
 
 VIII. Under civil damage act. 
 
 21. Generally. 
 
 Right of action, in absence of civil dam- 
 age act, for injuries or death following 
 unlawful sale of liquor. 34 L.R.A. 
 (N.S.) 1036. 
 
 Necessity, to sustain a recovery under civil 
 damage act, that the intoxication be 
 the proximate cause of the injury. 
 13 L.R.A.(N.S.) 1158; 50 L.R.A.(N.S.) 
 858. 
 
 IX. Miscellaneous. 
 
 22. Generally. 
 
 Proximate cause of injury where one person, 
 is pushed against another. L.R.A. 
 1917E, 275. 
 
 Liability for injuries by automobile set in 
 motion by stranger. L.R.A.1917D, 807. 
 
 Liability of telephone company for failure 
 to make connections for subscriber. 
 21 L.R.A. (N.S.) 115; 28 L.R.A.(N.S.) 
 554. 
 
 Keeping of animal known to be dangerous, 
 as proximate cause of injury. 2 B. R. 
 C. 29. 
 
 Hostilities as proximate cause of loss un- 
 der policy of marine insurance. 5 B. 
 R. C. 34. 
 
 Of injury to one other than passenger struck 
 by object hurled by street car. L.R.A. 
 1915B, 1111. 
 
 Necessity that fault or mistake of notary 
 or other officer certifying to acknowl- 
 edgment or affidavit should be proxi- 
 mate cause of loss to render him liable 
 therefor. 49 L.R.A.(N.S.) 51. 
 
 Independent, intervening or concurring 
 cause of death as affecting criminal re- 
 sponsibility. 51 L.R.A.(N.S.) 877. 
 
 PROXY. 
 
 At stockholders' meetings, see COBPOBA- 
 TIONS, 125. 
 
 1. Signature by. 
 
 Signing of writ and process by, see WBIT 
 AND PBOCESS, 2. 
 
 Signature written by another. 22 L.R.A. 
 297. 
 
 PTOMAIXE POISONIXG. 
 
 Death from, as accident or accidental means 
 within meaning of accident insurance 
 policy. L.R.A.1916A, 481.
 
 INDEX TO L.R.A. NOTES. 
 
 PSYCHIC HEALERS. 
 
 See MENTAL SUGGESTION. 
 
 PUBLIC. 
 
 1. Generally. 
 
 Adverse possession by or against, see AD- 
 VERSE POSSESSION, 30. 
 
 Recovery back by public of money paid, see 
 ASSUMPSIT/ 10. 
 
 Use of highway by, see HIGHWAYS, 12- 
 
 License from, see LICENSE, II. 
 Property of, see PUBLIC PROPERTY. 
 Relative rights of public and individuals in 
 water, see WATERS, 9-23. 
 
 Use of private alley by public as permis- 
 sive or prescriptive. L.R.A.1917E, 723. 
 
 Right of contractor with public to imrmini- 
 ty which latter enjoys from liability 
 for damages. L.R.A.1916D, 511. 
 
 Corporate by-laws as notice to. 25 L.R.A. 
 49. 
 
 Protection of private rights from interfer- 
 ence by. 18 L.R.A. 543. 
 
 Right of public to attend municipal coun- 
 cil meetings. 1 B. R. C. 296. 
 
 Right of public to fees unlawfully collected 
 by officer for his own benefit. 20 L.R.A. 
 (N.S.) 1035. 
 
 Right of public to benefit of discoveries, in- 
 ventions, devices, data, etc., made or 
 prepared by officer or employee. L.R.A. 
 1917B, 1183. 
 
 2. Liability. 
 
 Liability of county, see COUNTIES, 7-11. 
 Liability of municipality, see MUNICIPAL 
 
 CORPORATIONS, $S 72-101. 
 Liability of state, see STATE, 10-12. 
 
 Liability of public for medical services to 
 indigent person in absence of notice or 
 request. 9 L.R.A.(N.S.) 1234. 
 
 Right of counsel assigned to defend indi- 
 gent person to compensation from pub- 
 lic in absence of statute. 36 L.R.A. 
 (N.S.) 377. 
 
 PUBLIC ACCOMMODATION. 
 
 What are places of, within meaning of civil 
 rights act. 9 L.R.A.(N.S.) 601; L.R.A. 
 1918F, 829. 
 
 PUBLIC ADDRESS. 
 
 Public addresses derogatory to parties to 
 litigation as contempt of court. 2 B. R. 
 C. 500. 
 
 PUBLIC ADMINISTRATOR. 
 
 Validity of acts by, where letters of ad- 
 ministration are afterwards revoked or 
 held invalid. 21 L.R.A. 156. 
 
 Consult also L.Jt.A. Digests of Cases. 
 
 PUBLIC AGENCIES. 
 
 Injunction against interfering with. 
 L.R.A. 64. 
 
 ---- 
 
 PUBLIC AMUSEMENTS. 
 
 See AMUSEMENTS. 
 
 *-~ 
 
 PUBLIC CELEBRATION. 
 
 See CELEBRATIONS. 
 
 PUBLICATION. 
 
 1. Generally. 
 
 As a contempt, see CONTEMPT, 6. 
 
 What constitutes publishing of forged in- 
 strument, see FORGERY. 
 
 Libel by, see LIBEL AND SLANDER. 
 
 Privilege of communication as aiFected by 
 extent of, see LIBEL AND SLANDER, 23. 
 
 Of libel, see LIBEL AND SLANDER, 32, 33, 
 
 Of notice, see NOTICE, 10. 
 
 Of will, see WILLS, 25. 
 
 Of process, see WBIT AND PROCESS, 20, 
 21. 
 
 Of proposed initiative or referendum meas- 
 ure. 50 L.R.A.(N.S.) 225; L.R.A. 
 1917B, 42. 
 
 What constitutes publication of intellectual 
 production. 43 L.R.A. (N.S.) 641. 
 
 Common-law rights with respect to publica- 
 tion of intellectual productions. 51 
 L.R.A. 363. 
 
 Cruel and unusual punishment for unlaw- 
 ful publications. 35 L.R.A. 578; L.R.A. 
 1915C, 569. 
 
 Validity of contract in restraint of trade 
 in. 22 L.R.A. 674. 
 
 Prevention of, as interference with freedom 
 of the press. 32 L.R.A. 831. 
 
 Indecency or obscenity of. 24 L.R.A. 110. 
 
 Advertising lost or stolen paper as putting 
 purchaser on inquirv. 29 L.R.A. (N.S. ) 
 383. 
 
 As evidence of depositions in proceeding to 
 perpetuate testimony. 25 L.R.A. (N.S.) 
 681. 
 
 Sufficiency of notice by publication to in- 
 sured of cancelation of fire policy. 50 
 L.R.A.(N.S.) 40. 
 
 2. Injunction against. 
 
 Injunction against, see INJUNCTION, 73. 
 
 3. In what language. 
 
 Of official notices in foreign language. 
 L.R.A. 64. 
 
 14 
 
 PUBLICATION COMPANIES. 
 
 Right of foreign company to enter state. 24 
 L.R.A. 314.
 
 1114 
 
 INDEX TO L.R.A. NOTES. 
 
 PUBLIC AUTHORITIES. 
 
 Master's right to rely on inspection by, of 
 places, materials or appliances. 15 
 L.R.A.(N.S.) 812. 
 
 PUBLIC BODIES. 
 
 See also BOARDS. 
 
 
 
 Parol evidence to vary or supplement 
 minutes of. 50 L.R.A. (N.S.) 99. 
 
 Applicability to public bodies of statute re- 
 quiring building contractor's bond for 
 protection of subcontractors, laborers, 
 etc. 50 L.R.A. (N.S.) 469. 
 
 Federal courts following state decisions as 
 to powers and liabilities of. 40 L.R.A. 
 (N.S.) 442. 
 
 PUBLIC BUILDINGS. 
 
 1. Generally. 
 
 Courthouse, see COURTHOUSE. 
 
 Hospital, see HOSPITAL. 
 
 Schoolhouse, see SCHOOLS, 29, 30. 
 
 Liability of municipal corporation for tort 
 in connection with, see MUNICIPAL COR- 
 PORATIONS, 98, 99. 
 
 Giving of free service to, by public service 
 corporation as an unlawful discrimina- 
 tion. L.R.A.1918D, 904. 
 
 Lease or license of, for private purposes. 33 
 L.R.A. 118. 
 
 Right of municipality to prevent use of, or 
 to lease, its public buildings for private 
 purposes. 31 L.R.A. (N.S.) 580. 
 
 Injunction against city building constitut- 
 ing nuisance. 23 L.R.A. 303. 
 
 Claims against state arising out of work 
 on, or material in. 42 L.R.A. 56. 
 
 Appropriations for. 14 L.R.A. 474. 
 
 Liability of state for injury in state build- 
 ing. 42L.R.A.(N.S.) 251. 
 
 2. Contracts as to location of. 
 
 Contract as to location of. 4 L.R.A. (N.S.) 
 
 589; L.R.A.1916D, 727. 
 Bribery by gift to public as consideration 
 
 for location of. 14 L.R.A. 62. 
 
 3. Erection of. 
 
 Lien for, see MECHANICS' LIENS, 18. 
 
 Validity of contract as to. 4 L.R.A. (N.S.) 
 589; L.RJU.916D, 727. 
 
 Implied power of municipality to contract 
 for erection or repair of, on credit. 4 
 L.R.A.(N.S.) 746. 
 
 Power of municipality to construct as- 
 sembly, convention, exposition, or 
 amusement hall. 26 L.R.A.(N.S.) 425. 
 
 Right of taxpayer in absence of statute to 
 enjoin erection of, by municipality. 36 
 L.R.A. (N.S.) 18. 
 
 PUBLIC CHARITIES. 
 
 See CHARITIES. 
 
 PUBLIC CONTRACT. 
 
 See CONTRACTS, 158-161; MUNICIPAL COR- 
 PORATIONS, 53-60; PUBLIC IMPROVE- 
 MENTS, 7-9; WATERS, 111. 
 
 PUBLIC CONVENIENCE. 
 
 Granting of final injunction against nui- 
 sance where public convenience is in- 
 volved. 31 L.R.A. (N.S.) 895; L.R.A. 
 1916C, 1270. 
 
 Scope and construction of provision for in- 
 demnity in case of injury while riding 
 in or on a public conveyance. 37 
 L.R.A.(N.S.) 618. 
 
 PUBLIC CONVEYANCE. 
 
 Scope and construction of provision for in- 
 demnity in case of injury while riding 
 in or on a public conveyance. L.R.A. 
 1915C, 456. 
 
 Begin \vith tliis feoofc on every law question. 
 
 PUBLIC CORPORATIONS. 
 
 Bonds of, see BONDS, III. 
 
 Estoppel of, see ESTOPPEL, I. 
 
 See also COUNTIES; MUNICIPAL CORPORA- 
 TIONS; PUBLIC SERVICE CORPORATIONS; 
 SCHOOLS; TOWNS; VILLAGES. 
 
 Applicability to public corporations of doc- 
 trine that corporation may be estopped 
 to plead defense of ultra vires in ac- 
 tion brought against it. L.R.A.1917A, 
 850. 
 
 Right of subcontractor, materialman, or 
 laborer to maintain action on contract- 
 or's bond running to. 27 L.R.A. (N.S.) 
 581. 
 
 Personal liability to other contracting party 
 of one who, without authority, assumes 
 to contract as agent for. 34 L.R.A. 
 (N.S.) 523. 
 
 Liability of, on implied contract. 31) 
 L.R.A.(N.S.) 43, 72. 
 
 Notice imported to holders by commercial 
 paper payable to a public body or olfi- 
 cer thereof. L.R.A.1915B, 725. 
 
 Liability on implied contract. 46 LJU.A. 
 (N.S.) 921. 
 
 Ratification by public corporation of invalid 
 contract. L.R.A.1915A, 1023. 
 
 Rights and remedies where contracts, bonds, 
 or other instruments of a public corpo- 
 ration are invalid. L.R.A.1915A, 904.
 
 INDEX TO L.K.A. NOTES. 
 
 1115 
 
 PUBLIC EASEMENT. 
 
 See HIGHWAYS; PARKS. 
 
 PUBLIC ENEMIES. 
 
 Validity of contract made for purpose of 
 siuling and abetting. 12 L.R.A.(N.S.) 
 GOO. 
 
 PUBLIC EXHIBITION. 
 
 Liability of proprietor for injury to patron. 
 
 1 L.R.A. (N.S.) 427; L.R.A'.1915F, 690. 
 Municipal liability for failure to prevent. 
 
 42 L.R.A. (N.S.) 864. 
 
 PUBLIC GROUNDS. 
 
 Municipal liability for injuries through un- 
 safe condition of. 33 L.R.A.(N.S.) 
 533; L.R.A.1935C, 435. 
 
 Liability of municipality for acts of its of- 
 ficers in removing trespassers from. 35 
 L.R.A.(N.S.) 435. 
 
 PUBLIC HALL. 
 
 Power of municipality to construct. 26 
 L.R.A.(N.S.) 425* 
 
 PUBLIC HEALTH. 
 
 See HEALTH. 
 
 PUBLIC HOME. 
 
 What constitutes residence entitling inmate 
 of public homo to privilege of public 
 schools. 36 L.R.A.(N.S.) 344; 61 
 L.R.A.(N.S.) 234. 
 
 PUBLIC IMPROVEMENTS. 
 
 J. In general, 1-4. 
 II. What arc, 5, 6. 
 111. Contracts for, 7-9. 
 IV. Assessments; payment or liability 
 for work done, 1O-31. 
 
 a. In general, lO-13a. 
 
 b. Nature of improvements, 
 
 14, 15. 
 
 c. Persons and property liable; 
 
 exemptions, 16-23. 
 
 d. Rules of apportionment, 
 
 24-26. 
 
 e. Enforcement; procedure; 
 
 priorities, 27-31. 
 Consult also L.R.A. Digests of Cases. 
 
 PUBLIC IMPROVEMENTS cont'd 
 I. In general. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 141. 
 
 Drains and sewers, generally, see DBAINS 
 AND SEWERS. 
 
 Change of street grade, see HIGHWAYS, 
 52, 53. 
 
 Municipal plants, see MUNICIPAL CORPORA- 
 TIONS, 68-70. 
 
 Right of abutting owner to make improve- 
 ments in street. 44 L.R.A.(N.S.) 
 552. 
 
 Submission of question as to, to voters. 26 
 L.R.A.(N.S.) 665. 
 
 Bribery by offer to public to obtain. 14 
 L.R.A. 62. 
 
 Persons engaged in, as independent con- 
 tractors. 65 L.R.A. 487, 493. 
 
 Corporations as "residents" within public 
 improvement statutes. 43 L.R.A. (N.S.) 
 272. 
 
 Delegation by city council of the power to 
 determine the width, grade, material, 
 etc., of street, sidewalk, or sewer im- 
 provements. 20 L.R.A. 653. 
 
 Implied power of municipality to construct 
 on credit. 4 L.R.A. (N.S*) 746. 
 
 Rights of laborers or materialmen in fund 
 retained pursuant to contract for pub- 
 lic work to insure payment of their 
 claims. 37 L.R.A. (N.S.) 575. 
 
 Right of subcontractor, materialmen, or 
 laborer to maintain action on con- 
 tractor's bond to owner. 27 L.R.A. 
 (N.S.) 573; L.R.A.1915A, 768. 
 
 Applicability of Workmen's Compensation 
 Acts to employee, engaged in construct- 
 ing. L.R.A.191SF, 192. 
 
 Proceeding for, as a civil suit within stat- 
 ute allowing change of venue. 12 L.R.A. 
 (N.S.) 900. 
 
 Finality of decisions pertaining to local im- 
 provements. 19 L.R.A. (N.S.) 382. 
 
 Right of taxpayer, in absence of statute, to 
 enjoin unlawful expenditures by mu- 
 nicipality on highways. 36 L.R.A. 
 (N.S.) .23. 
 
 Duty and right of municipality to reim- 
 burse public-service corporation for ex- 
 penses entailed by improvements in 
 street. 6 L.R.A.(N.S.) 1026. 
 
 2. Right to prevent construction of 
 sidewalk. 
 
 Right of abutting owner to prevent con- 
 struction of sidewalk in front of his 
 property. 13 L.R.A.(N.S.) 1110. 
 
 Right of municipality to prohibit construc- 
 tion of sidewalk by abutting owner in 
 front of his property. 13 L.R.A.(X.S.) 
 1113. 
 
 3. Petition for or remonstrance 
 against. 
 
 Right of lessee to sign petition for public 
 improvements. 44 L.R.A. (N.S.) 696.
 
 1116 
 
 INDEX TO L.R.A. NOTES. 
 
 PUBLIC IMPROVEMENTS, I. cont'd 
 
 Doctrine of equitable conversion as affect- 
 ing one's right to sign consent or re- 
 monstrance as land owner. 50 L.R.A. 
 (N.S.) 32. 
 
 Validity of private agreement with certain 
 property owners to obtain their consent 
 to local improvement. 50 L.R.A. (N.S.) 
 396. 
 
 Joining in petition for local improvement as 
 estoppel to deny benefits. 36 L.R.A. 
 (N.S.) 41. 
 
 Right to withdraw names from petition or 
 remonstrance. 11 L.R.A.(N.S.) 372; 
 35 L.R.A.(N.S.) 1113. 
 
 4. Liability for injury by. 
 
 Damages to property from improving high- 
 way, see HIGHWAYS, 47a. 
 
 Damages from establishing and fixing grade 
 of street, see HIGHWAYS, 50, 51. 
 
 Liability of municipality for temporarily 
 
 interfering with access to property in 
 
 making improvements. 46 L.R.A. 
 
 (N.S.) 620. 
 Liability of county for injuries to real 
 
 property from. 39 L.R.A. 63. 
 Intercepting rights in subterranean waters. 
 
 by. 19 L.R.A. 94. 
 
 II. What are. 
 
 5. Generally. 
 
 Construction and operation of canals as. 61 
 
 L.R.A. 833. 
 Rural highway as a local improvement, the 
 
 cost of which may be assessed against 
 
 tributary property upon the basis of 
 
 special benefit. 40 L.R.A. (N.S.) 73. 
 
 6. Levees as. 
 
 Eminent domain. 58 L.R.A. 757. 
 
 Taxation. 58 L.R.A. 758. 
 
 Duty of abutting owner. 58 L.R.A. 759. 
 
 Repair. 58 L.R.A. 759. 
 
 Levee districts. 58 L.R.A. 760. 
 
 Other matters. 58 L.R.A. 761. 
 
 III. Contracts for. 
 
 7. Generally. 
 
 Effect of indirect interest of public officer 
 in performance of contract for construc- 
 tion of public improvement. 50 L.R.A. 
 (N.S.) 1140. 
 
 Validity of contract for material patented 
 or held in monopoly where a letting to 
 the lowest bidder is required. 46 
 L.R.A.(N.S.) 990; L.R.A.1197A, 442. 
 
 Duty of street railway company to pave 
 part of street as affecting munici- 
 pality's power to contract for paving 
 entire street. 48 L.R.A. (N.S.) 138. 
 
 Sufficiency of specification for guidance of 
 bidder for public contract. 30 L.R.A. 
 (N.S.) 214. 
 
 Remedy of lowest bidder for refusal of au- 
 thorities to award contract, to him. 
 30 L.R.A.(N.S.) 126. 
 
 Loss of profits as element of damages for 
 
 breach of contract for construction or | posed on property as impairment of 
 repair of highway. 53 L.R.A. 49, 68. vested rights. 8 L.R.A. (N.S.) 546. 
 
 Begin with this book on every law question. 
 
 PUBLIC IMPROVEMENTS, III. cont'd 
 Right of owner of tradename to protection 
 against its use to describe character of 
 material to be used in performing a 
 contract. 12 L.R.A. (N.S.) 339. 
 Conclusiveness as between municipality and 
 contractor of decision of engineer or 
 other empowered officer as to matters 
 concerning contract for public improve- 
 ment. 23 L.R.A. (N.S.) 317. 
 
 8. Power of city to bind contractor to 
 repair pavement. 
 
 Power of city to bind contractor to repair 
 pavement which he makes. 44 L.R.A. 
 527; L.R.A.1915F, 854. 
 
 9. What included in provision for 
 keeping in repair. 
 
 What conditions or defects are covered by 
 provision in paving contract requiring 
 contractor to keep pavement in repair. 
 9 L.R.A.(N.S.) 154; 49 L.R.A.(N.S.) 
 922. 
 
 IT. Assessments; payment or liability 
 for irark done. 
 
 a. In general. 
 
 10. Generally. 
 
 Assessments for drains and sewers, see 
 DRAINS AND SEWERS, 12-14. 
 
 Estoppel as to, see ESTOPPEL, 7. 
 
 Covenant in lease as to payment of assess- 
 ments, see LANDLORD AND TENANT, 
 18a. 
 
 Parties plaintiff in actions affecting, see 
 PABTIES, 5. 
 
 Assessment or nonassessment of property 
 as affecting its dedication or acceptance 
 for public use. L.R,A.1916B, 1175. 
 
 Power of municipality to assume part or 
 all of burden of adapting street or 
 bridges for use of railroads or street 
 railways. 50 L.R.A.(N.S.) 143. 
 
 Special assessment as municipal indebted- 
 ness. 59 L.R.A. 618. 
 
 Legislative power as to payment for public 
 improvements. 48 L.R.A. 469. 
 
 Delegation by city council of power with 
 respect to pavement assessment. 20 
 L.R.A. 656. 
 
 May an assessment of benefits rest upon 
 prospective action in completing im- 
 provement. 28 L.R.A.(N.S.) 669. 
 
 Implied right to interest on assessment. 6 
 L.R.A.(N.S.) 694. 
 
 Assessment for improvements made before 
 property was included within the im- 
 provement district. 39 L.R.A. (X.S.) 
 543. 
 
 Waiver of objection that assessment ex- 
 ceeds the percentage, limited by charter 
 or statute. 38 L.R.A. (X.S.) 582. 
 
 Location of improvement as affecting lia- 
 bility for expense thereof on division 
 of territory of municipality, town, or 
 county. 39 L.R.A. (N.S.) 290. 
 
 Increase in proportion of assessment im-
 
 INDEX TO L.R.A. NOTES. 
 
 1117 
 
 PUBLIC IMPROVEMENTS, IV. a cont'd 
 Validity of assessment as affected by un- 
 lawful invasion of property rights. 
 L.R.A.191f>D. 772. 
 
 11. Assessment as a tax. 
 
 Special assessment as tax. 3 L.R.A. (N.S.) 
 837. 
 
 12. Taxation for improvements. 
 
 Conscription of labor for working highway 
 as a tax. 5 L.R.A. (N.S.) 1139. 
 
 13. Defects in work as defense to 
 assessment. 
 
 In general. 56 L.R.A. 905; 27 L.R.A. (N.S.) 
 
 1 08(5. 
 Application to street assessments. 56 L.R.A. 
 
 907. 
 Application to sidewalk assessments. 56 
 
 L.R.A. 918. 
 Application to sewer assessments. 56 L.R.A. 
 
 91!). 
 Application to drainage assessments. 56 
 
 L.R.A. 921. 
 Application to assessments for water mains. 
 
 56 L.R.A. 922. 
 Defective or improper work as a set-off or 
 
 counterclaim. 56 L.R.A. 922. 
 
 13a. Lien for. 
 
 Lien for, generally, see LIENS, 12, 16. 
 
 Mechanics' lien for sidewalks, paving or 
 water or sewer connections in street. 
 42 L.R.A. (N.S.) 356. 
 
 Distribution of award in condemnation of 
 land subject to an assessment for pub- 
 lic improvements. 45 L.R.A. (N.S.) 
 451. 
 
 ft. Nature of Improvements. 
 
 14. Generally. 
 
 What constitutes reconstruction, as dis- 
 tinguished from repair, of pave- 
 ment. 44 L.R.A. (N.S.) 590. 
 
 May cost of bridge be assessed against 
 "property benefited. 45 L.R.A. (N.S.) 
 918. 
 
 Assessment for cost of abolishing grade 
 crossings. 26 L.R.A. 95. 
 
 Charging expense of grading for sidewalk 
 upon abutting owner. 28 L.R.A. 496. 
 
 Power to compel abutting property owner to 
 improve or care for space between side- 
 walk and curb. 38 L.R.A. (N.S.) 935. 
 
 Power to improve streets for park purposes 
 at expense of abutting owner. 32 
 L.R.A. (N.S.) 1056. 
 
 Ivi-iht to use public funds to maintain or 
 improve private ways, or ways dedi- 
 cated to public but never accepted. 35 
 L.R.A.(N.S.) 524. 
 
 Power to assess cost of improvements for 
 wharf purposes on fee owner. 5 L.R.A. 
 (N.S.) 289. 
 
 Power to fill lowlands at expense of owner. 
 30 L.R.A. (N.S.) 709. 
 
 Laying water mains at expense of abutting 
 property. 3 L.R.A. (N.S.) 817. 
 
 Assessments for purchase or construction of 
 municipal water plant. 61 L.R.A. 52. 
 
 For drainage ditches. 69 L.R.A. 810. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PUBLIC IMPROVEMENTS, IV. b cont'd 
 For drains and sewers. 60 L.R.A. 227. 
 
 15. Street sprinkling, lighting, and 
 sweeping. 
 
 Right to impose on abutting owners the 
 
 duty or expense of sprinkling, 
 
 sweeping, and cleaning streets or 
 
 sidewalks. 24 L.R.A. 412. 
 
 Special assessment for street sprinkling 
 
 18 L.R.A.(N.S.) 182. 
 
 Power to improve and repair streets as con- 
 ferring power to expend money for 
 sprinkling. 5 L.R.A. (N.S.) 434. 
 Power to compel street railway to sprinkle 
 
 tracks. 36 L.R.A. (N.S.) 235. 
 Street lighting as a local improvement as- 
 sessable against property 'benefited. 
 L.R.A.1917A, 1098. 
 
 c. Persons and property liable; exemp- 
 tions. 
 
 16. Generally. 
 
 For assessments for drains and sewers, see 
 DRAINS AND SEWERS, 33. 
 
 Covenant in lease as to payment of assess- 
 ments, see LANDLORD AND TENANT, 
 18a. 
 
 Duty of life tenant as to assessments, see 
 LIFE TENANTS, 10. 
 
 Assessments on rural lands within limits 
 of municipality. 34 L.R.A. 200. 
 
 Assessment for, on highway. 44 L.R.A. 
 (N.S.) 837. 
 
 Assessment against cemetery or owners ol 
 lots therein. L.R.A.1918A, 157. 
 
 Liability of homestead. L.R.A. 1915E, 662. 
 
 What property other than realty may be as- 
 sessed for the construction and mainte- 
 nance of levees. L.R.A.1917F, 1003. 
 
 17. State. 
 
 Claims against state for work on. 42 L.R.A. 
 56. 
 
 18. municipal assessment of state 
 property. 
 
 Generally. 23 L.R.A. 807. 
 Distinction between assessment and taxa- 
 tion. 23 L.R.A. 807. 
 Liability to assessment. 23 L.R.A. 808. 
 Government property. 23 L.R.A. 810. 
 
 19. Municipality. 
 
 General liability of municipality which is 
 unable or has failed to enforce as- 
 sessments for local improvements. 
 32 L.R.A.(N.S.) 163. 
 
 Cost of, as indebtedness within debt limit 
 provision. 37 L.R.A.(N.S.) 1072; 
 L.R.A.1917E, 443. 
 
 20. Abutting owner. 
 
 For what improvements liable, see supra, 
 14, 15. 
 
 Charging burden of street improvement on 
 abutting lot directly. 14 L.R.A. 758. 
 
 Personal liability of property owner to pay 
 assessments for local improvements. 18 
 L.R.A.(N.S.) 1259; 29 L.R.A.(N.S.) 
 770.
 
 1118 
 
 INDEX TO L.R.A. NOTES. 
 
 PUBLIC IMPROVEMENTS, IV. c cont'd 
 Assessment of cost of local improvement 
 made under municipal authority a- 
 gainst abutting owner who had made 
 improvement on his own initiative. 22 
 L.R.A.(N.S.) 877. 
 
 Effect of intervention of narrow strip owned 
 by third person between the street 
 and the property sought to be as- 
 sessed. L.R.A.1916B, 1033. 
 
 21. Railroad right of way. 
 
 Generally. 28 L.R.A. 249; 12 L.R.A.(N.S.) 
 112; 40 L.R.A.(N.S.) 935. 
 
 The English cases. 28 L.R.A. 249. 
 
 Property not contiguous. 28 L.R.A. 249. 
 
 Property not benefited. 28 L.R.A. 249. 
 
 Property, generally. 28 L.R.A. 250. 
 
 Right of way and ' trackage. 28 L.R.A. 250; 
 15 L.R.A.(N.S.) 487. 
 
 Liability to assessments for drains or sew- 
 ers. L.R.A.1915A, 129. 
 
 22. Street railway. 
 
 In general. 46 L.R.A. 193; 15 L.R.A. (N.S.) 
 487. 
 
 Liability of company on the ground that its 
 property and franchises are property 
 benefited. 46 L.R.A. 193; 15 L.R.A. 
 (N.S.) 489. 
 
 Liability of company under statute author- 
 izing assessment of "lands," "build- 
 ings," etc. 46 L.R.A. 193. 
 
 Liability for pavements laid before track. 
 46 L.R.A. 194. 
 
 Liability after removing tracks. 46 L.R.A. 
 195. 
 
 Space which company is required to pave. 
 46 L.R.A. 195. 
 
 Liability for pavements outside of track. 
 46 L.R.A. 196. 
 
 Liability for paving at street intersections. 
 46 L.R.A. 196. 
 
 Liability for paving streets bordering on 
 neutral ground occupied by street rail- 
 way tracks. 46 L.R.A. 196. 
 
 Effect of agreement at time of extending 
 tracks. 46 L.R.A. 196. 
 
 Exemption from assessment on payment of 
 license fees. 46 L.R.A. 197. 
 
 Extent of repairs; repaying. 46 L.R.A. 197. 
 
 Reflooring bridge. 46 L.R.A. 199. 
 
 Changing method of staying stringers. 46 
 L.R.A. 199. 
 
 Liability for preliminary work. 46 L.R.A. 
 199. 
 
 Preliminary notice to company. 46 L.R.A. 
 199. 
 
 Estoppel of company to deny liability. 46 
 L.R.A. 200. 
 
 Amount for which company is liable. 46 
 L.R.A. 200. 
 
 Liability of company for worthless pave- 
 ment. 46 L.R.A. 200. 
 
 Liability of company's receiver. 46 L.R.A. 
 201. 
 
 Necessity of assessing company. 46 L.R.A. 
 201. 
 
 When street is paved so as to impose on 
 company the duty to repair or repave. 
 46 L.R.A. 202. 
 
 Begin U"ith tltis boofc on every law question. 
 
 PUBLIC IMPROVEMENTS, IV. c cont'd 
 
 Liability of company where city is to fur- 
 nish materials used. 46 L.R.A. 202. 
 
 Increasing liability of company. 46 L.R.A. 
 202. 
 
 By whom assessment collected. 40 L.R.A. 
 203. 
 
 Lien for assessment. 46 L.R.A. 203. 
 
 When duty assumed by street railway to- 
 repave or repair arises. 43 L.R.A. 
 (N.S.) 463. 
 
 Duty of street railway company to pave 
 part of street as affecting munici- 
 pality's power to contract for paving 
 entire street. 48 L.R.A. (N.S.) 138. 
 
 Power to compel street railway to sprinkle 
 tracks. 36 L.R.A. (N.S.) 235. 
 
 23. Exemptions. 
 
 Exemption from taxes, see TAXES, 14-38, 
 95-100. 
 
 Liability to local assessments for benefits 
 of property exempt from general 
 taxation. 35 L.R.A. 33: 18 L.R.A. 
 (N.S.) 451; 32 L.R.A. (N.S.) 303; 
 44 (L.R.A.(N.S.) 57; L.R.A.1916F r 
 864. 
 
 From liability for expense of drainage. 58 
 L.R.A. 380. 
 
 Exemption from tax for municipal water 
 supply. 61 L.R.A. 56. 
 
 Right, in absence of statute, to exempt prop- 
 erty within improvement district 
 from special assessment, in consid- 
 eration of acts done or otluer obli- 
 gations assumed. 41 L.R.A. (N.S.) 
 781. 
 
 d. Rules of apportionment. 
 
 24. Generally. 
 
 Apportionment of assessment for drains and 
 
 sewers. 60 L.R.A. 234. 
 
 Validity of assessments upon abutting prop- 
 erty, made by charging upon each 
 piece the cost of the improvement 
 in front of it. 21 L.R.A. 503. 
 Right to" subdivide private owner's land for 
 the purpose of assessment for public 
 improvements. 23 L.R.A. (N.S.) 405. 
 
 25. Frontage tax. 
 
 Assessments for improvements by the front- 
 foot rule. 17 L.R.A. 330: 28 L.R.A. 
 (N.S.) 1124; L.R.A.1917D, 372. 
 Frontage assessment for construction of 
 
 water mains. 61 L.R.A. 54. 
 Assessment of corner lot. 50 L.R.A. (N.S.> 
 922. 
 
 26. Benefits to property. 
 
 Necessity of special benefit to sustain as- 
 sessment for local improvement. 14 
 L.R.A. 755. 
 
 e. Enforcement; procedure; priorities. 
 
 27. Generally. 
 
 For drains and sewers, see DRAINS AN*I> 
 SEWEBS, 14. 
 
 Limitation of action to enforce, see LIMITA- 
 TION OF ACTIONS, 12.
 
 INDEX TO L.R.A. NOTES. 
 
 1119 
 
 PUBLIC IMPROVEMENTS, IV. e cont'd 
 
 Who is entitled to penalties for delay in 
 paying improvement assessment. 47 
 L.R.A. (N.S.) 704. 
 
 Who entitled to notice to redeem from sale 
 for delinquent special assessment. 44 
 L.R.A. (N.S.) 077. 
 
 Necessity of giving mortgagee or other lien- 
 or notice. 37 L.R.A.(N.S.) 558. 
 
 Selection of interested person to assess bene- 
 fits from improvement. 16 L.R.A.(N.S.) 
 292. 
 
 Right of property owner to have amount 
 of assessment fixed by jury. 60 L.R.A. 
 236. 
 
 Removal of local assessment proceedings be- 
 cause of separable controversy. 5 
 L.R.A.(N.S.) 77. 
 
 Validity of statutory provision for attor- 
 ney's fees in proceedings involving col- 
 lections of taxes or special assessments. 
 
 28 L.R.A.(N.S.) 1062. 
 
 28. Personal liability to pay assess- 
 ment. 
 
 Personal liability of property owner to pay 
 assessments for local improvements. 
 35 L.R.A. 58; 18 L.R.A.(N.S.) 1259; 
 
 29 L.R.A.(N.S.) 770. 
 
 29. Set-off. 
 
 Right of set-off or a counterclaim in action 
 by state. 33 L.R.A. (N.S.) 376. 
 
 30. Reassessment. 
 
 Effect of running a limitation since orig- 
 inal assessment upon a reassessment 
 order because of invalidity of original. 
 28 L.R.A.(N.S.) 735. 
 
 General liability of municipality on failure 
 to make reassessment after failure to 
 enforce assessment. 32 L.R.A.(N.S.) 
 176. 
 
 3 OH. Liens; priorities. 
 
 For paving assessment. 46 L.R.A. 203. 
 Liability of homestead to lien. L.R.A. 
 1915E, 662. 
 
 31. priority of lien. 
 
 Priority over mortgage, see MOBTOAGE, 
 38. 
 
 Superiority of lien of local assessment over 
 prior lien. 35 L.R.A. 372; 30 
 L.R.A. (N.S.) 761. 
 
 Existence of lien of local assessment de- 
 pends upon legislative enactment. 35 
 L.R.A. 373. 
 
 Existence of the law enables the lien to 
 dominate the land itself, regardless of 
 ownership. 35 L.R.A. 375. 
 
 The law being statutory, compliance with 
 its terms is necessary and sufficient. 35 
 L.R.A. 375. 
 
 Enactment of law before encumbrance is 
 notice to encumbrancers of priority of 
 subsequent assessment. 35 L.R.A. "376. 
 
 Enactment of law after encumbrance makes 
 priority of assessment depend upon con- 
 stitTitional control of retroactive law. 
 35 L.R.A. 377. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PUBLIC IMPROVEMENTS, IV. e cont'd 
 Priority of assessments over kindred liens. 
 
 35" L.R.A. 378. 
 Exceptions to all -the stated rules. 35 
 
 L.R.A. 378. 
 
 PUBLIC INSTITUTION. 
 
 1. Generally. 
 
 Claim by, against state. 42 L.R.A. 63. 
 
 Officers of, as public officers. 17 L.R.A. 246. 
 
 Applicablity to, of Workmen's Compensation 
 Acts. L.R.A.1918F, 190. 
 
 Liability of county for personal injury due 
 to negligence of oificer or agent at coun- 
 ty institution. L.R.A.1916B, 1263. 
 
 Liability of public, or officers having charge 
 of public charitable institution, for neg- 
 ligence toward inmate. 6 B. R. C. 552. 
 
 2. Residence at. 
 
 Residence of student at, for purpose of vot- 
 ing. 23 L.R.A. 215. 
 
 Acquiring residence as a voter while an in- 
 mate of. 40 L.R.A. (N.S.) 168. 
 
 Residence of inmate of, for school purposes. 
 51 L.R.A.(N.S.) 234. 
 
 PUBLIC LANDS. 
 
 7. In general, 1-3. 
 II. Grants and reservations by United 
 
 States generally, 4-6. 
 III. Disposal through land department; 
 entry; sale, 7-J9. 
 
 I. In general. 
 
 1. Generally. 
 
 Improvements on, see infra, 9, 10. 
 Mjnes on, see MINES, II. 
 Private land claim, see PRIVATE LAND 
 CLAIM. 
 
 Jurisdiction of state courts over lands of 
 United States. 17 L.R.A. 720. 
 
 Question as to land titles under act of Con- 
 gress as Federal question. 62 L.R.A. 
 532. 
 
 Mechanics' liens on. 35 L.R.A. 144. 
 
 Appropriation of percolating water on pub- 
 lic lands. 30 L.R.A. 186; 21 L.R.A. 
 (N.S.) 76. 
 
 First and last days in computing time for 
 matters relating to. 49 L.R.A. 246. 
 
 Applicability of state community property 
 law to real property acquired from 
 Federal government. * 26 L.R.A. (N.S.) 
 1117. 
 
 Statutes legalizing invalid grants by county 
 or municipal corporation. 27 L.R.A. 
 696. 
 
 2. Fences on. 
 
 Erection of fences so as to interfere with 
 
 ingress and egress to and from. 3 
 
 L.R.A.(N.S.) 733. 
 Injunction against obstruction of, by fences 
 
 or gates. 7 L.R.A. (N.S.) 84. *
 
 1120 
 
 INDEX TO L.R.A. NOTES. 
 
 PUBLIC LANDS, I. confd 
 3. Right to cut timber on. 
 
 What timber is within the statutes. 70 i 
 
 L.R.A. 874. 
 Remedies against timber trespassers. 70 ' 
 
 L.R.A. 875. 
 
 Trespasser's title. 70 L.R.A. 879. 
 Mistake. 70 L.R.A. 879. 
 Right to cut timber as affected by land 
 
 grant. 70 L.R.A. 880. 
 Homestead and pre-emption land. 70 j 
 
 L.R.A. 885. 
 
 Title relating back affecting previous tres- 
 pass. 70 L.R.A. 893. 
 Rights of purchasers not having acquired 
 
 title. 70 L.R.A. 899. 
 Licenses and permits. 70 L.R.A. 900. 
 Timber culture acts. 70 L.R.A. 904. 
 Mineral lands. 70 L.R.A. 904. 
 Cutting timber on reservations. 70 L.R.A. 
 909. 
 
 II. Grants and reservations by United 
 
 States generally. 
 
 4. Generally. 
 
 How far title to islands is included in gov- 
 ernment grants. 58 L.R.A. 675. 
 
 Government grant bounded by nontidal river 
 as carrying title to land thereunder. 
 24 L.R.A.(N.S.) 1240. 
 
 Location of mining claim on agricultural 
 grant. 7 L.R.A. (N.S.) 798. 
 
 5. Grant to railroad. 
 
 Location of mining claim on railroad aid 
 grant. 7 L.R.A. (N.S.) 801. 
 
 Right to cut timber on public land as af- 
 fected by grant to railroad. 70 L.R.A. 
 880. 
 
 6. Forest reservation. 
 
 Location of mining claim on forest reser- 
 vation. 7 L.R.A.(N.S.) 804. 
 
 III. Disposal through land depart- 
 
 ment; entry; sale. 
 
 7. Generally. 
 
 Collusiveness of decisions or findings of 
 the Land Department. L.R.A.1918D, 
 597. 
 
 Duty of life tenant to pay assessments. 
 32 L.R.A. 746. 
 
 Property granted or sold by reservation of 
 title or lien in favor of public, as sub- j 
 ject of taxation. 35 L.R.A. (N.S.) 669. 
 
 Possession taken under mistaken belief that 
 land is part of public domain as ad- 
 verse to true owner. 31 L.R.A. (N.S.) 
 153. 
 
 Right as affected by parties living in illicit 
 relations. 36 'L.R.A. (N.S.) 840. 
 
 Rights and liabilities of one claiming un- 
 der final certificate in event of its can- 
 celation. L.R.A.1918E, 1002. 
 
 8. Highways over. 
 
 Establishment of highways over public land 
 subsequent to entry thereon by one who 
 has not perfected his title. 24 L.R.A. 
 (N.S.) 764. 
 
 Begin icith this !>oofc on every laic question. 
 
 PUBLIC LANDS, III. cont'd 
 
 Necessity and sufficiency of acceptance of 
 grant of right of way over public land 
 for public highway. "L.R.A.1917A, 355. 
 
 9. Improvements; crops. 
 
 Taxation of public land claims and im- 
 provements thereon. 15 L.R.A. 297. 
 
 Plowing and cultivating land as an "im- 
 provement." 20 L.R.A. (N.S.) 378. 
 
 10. right of one who buys, or 
 makes lawful entry on, to crops and 
 improvements placed thereon by 
 another. 
 
 Crops. 70 L.R.A. 799: L.R.A.1918A, 557. 
 Improvements. 70 L.R.A. 800. 
 Removal during possession. 70 L.R.A. 802. 
 Relief under occupying claimant, and simi- 
 lar acts. 70 L.R.A. 803. 
 
 11. Sale or transfer of land entered. 
 
 Mortgage on homestead, see infra, 17. 
 
 Prohibition of grant as including lease. 
 37 L.R.A.(N.S.) 686. 
 
 Title acquired by subsequent grants as pass- 
 ing under quitclaim. 35 L.R.A.(N.S.) 
 1188. 
 
 12. inheritance of. 
 
 Inheritance by alien of patented lands. 31 
 
 L.R.A. 180. 
 Alien's right to inherit lands granted for 
 
 military services and colonization. 31 
 
 L.R.A. "180. 
 
 13. devise of. 
 
 Right of entryman to devise claim or inter- 
 est in public land. 34 L.R.A.(N.S.) 
 397. 
 
 14. Liability for debts. 
 
 Liability of claim or interest in public 
 lands for debts contracted before 
 issuance of patent. 34 L.R.A. 
 (N.S.) 405. 
 
 15. Pre-emption. 
 
 Location of mining claim on pre-emption 
 grant. 7 L.R.A. (N.S.) 798. 
 
 16. Homestead. 
 
 Effect of the contracting or dissolution of 
 marriage after the initiation, but be- 
 fore the consummation, of right under 
 homestead entry. 7 L.R.A. (N.S.) 967. 
 
 Title, for purpose of insurance, of house 
 on government land under homestead 
 entry, as within sole and unconditional 
 ownership clause in insurance policy. 
 8 L.R.A.(N.S.) 903. 
 
 Right of homesteader on public land, be- 
 fore receiving patent, to recover for in- 
 jury to premises, and measure of dam- 
 ages therefor. 17 L.R.A.(N.S.) 958. 
 
 Location of mining claim on homestead 
 grant. 7 L.R.A. (N.S.) 798. 
 
 Right to preliminary injunction in case of 
 contest between entrymen which would 
 have effect of transferring possession 
 of property from defendant to plain- 
 tiff. 39 L.R.A.(N.S.) 34.
 
 INDEX TO L.R.A. NOTES. 
 
 1121 
 
 PUBLIC LANDS, III. confd 
 
 Necessity of both residence and cultivation 
 as a condition of a patent under a home- 
 stead entry under the Federal laws. 
 42 L.R.A. (N.S.) 752. 
 
 17. mortgage 011. 
 
 Validity of mortgage on public lands exe- 
 cuted by claimant under homestead acts 
 prior to patent or final proof. 6 L.R.A. 
 (N.S.) 934: L.R.A.1915B, 681. 
 
 18. Town sites. 
 
 Collusiveness of decisions of the Land De- 
 partment as to town sites. L.R.A. 
 1918D, 621. 
 
 Right to change lot lines of occupants after 
 entry under the townsite act. 30 
 L.R.A. (N.S.) 183. 
 
 Location of mining claim on. 7 L.R.A. 
 (N.S.) 796: 
 
 19. Patents. 
 
 Collusiveness of decision or findings of 
 the Land Department where a patent 
 has been issued. L.R.A.1918D, 597, 
 610, 623, 627, 630. 
 
 Conclusiveness of decision of the Land De- 
 partment canceling a patent. L.R.A. 
 1918D, 634. 
 
 For lode claims after issuance of placer 
 patent. 50 L.R.A. 293. 
 
 Use of fictitious name as affecting validity 
 of patent. 39 L.R.A. 424. 
 
 Validity of contract not to protest against 
 application for patent to. 9 L.R.A. 
 (N.S.) 529. 
 
 Necessity of both residence and cultivation 
 as condition of a patent under home- 
 stead entry. 42 L.R.A. (N.S.) 752. 
 
 Presumption as to time of alteration in 
 patent to land. 39 L.R.A.(N.S.) 104. 
 
 PUBLIC MONEY. 
 
 1. Generally. 
 
 Appropriation of, generally, see APPROPRIA- 
 TIONS. 
 
 Necessity and requisites of appropriation 
 of, see APPROPRIATIONS, 2. 
 
 Deposits of, in bank, see BANKS, 10. 
 
 Loss of. by bank failure, see BANKS, 16. 
 
 Loan of, see LOAN, 6. 
 
 As to use of school funds, see SCHOOLS, 38. 
 
 Keepers of, as public officers. 17 L.R.A. 
 246. 
 
 Charge of misuse of, against officer or can- 
 didate for office as libel or slander. 
 L.R.A.1918E, 29. 
 
 Right of municipality to recover back 
 money paid out in violation of the 
 Constitution. 13 L.R.A. (N.S.) 157. 
 
 Right to recover back public money appro- 
 priated to sectarian institution. 19 
 L.R.A. (N.S.) 171. 
 
 Liability of public officer on his bond for in- 
 terest received on public money. L.R.A. 
 1918B, 811. 
 
 Constitutionality of statute releasing pub- 
 
 lic officer or his surety from liability I 
 for loss of public fund. 41 L.R.A. | 
 (N.S.) 97. 
 Consult also L.R.A.. Digests of Cases. 71 
 
 PUBLIC MONEY cont'd 
 
 Larceny by making or procuring fraudu- 
 lent orders on public funds. 32 L.R.A. 
 (N.S.) 234. 
 
 la. Investment of. 
 
 Deposit of public funds in bank as invest- 
 ment within statute requiring the in- 
 vestment of such funds. 50 L.R.A. 
 (N.S.) 274. 
 
 2. Mandamus to compel payment of. 
 
 See MANDAMUS, 8. 
 
 3. Injunction against waste or il- 
 legal use of. 
 
 Right of citizen or taxpayer to enjoin waste 
 or unlawful expenditure of state funds. 
 L.R.A.l 91 5D, 178. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin donation by municipality. 36 
 L.R.A.(N.S.) 13. 
 
 4. For what purposes used. 
 
 For reward, see REWARD, 2. 
 Recovery back of payment made for goods 
 purchased, see SALE, 47, 52. 
 
 In general. 14 L.R.A. 474. 
 
 Requiring payment from inmate as affect- 
 ing right of charitable institution to 
 public aid. 29 L.R.A. (N.S.) 190; 
 L.R.A.1917B, 782. 
 
 Support of schools. 14 L.R.A. 474. 
 
 Support or education of children com- 
 mitted to sectarian schools. L.R.A. 
 1918B, 210. 
 
 Public buildings, parks, and improvements. 
 14 L.R.A. 474. 
 
 Celebrations; public entertainments. 14 
 L.R.A. 475. 
 
 Relief or loans to citizens. 14 L.R.A. 475. 
 
 Protection against fire or disease. 14 
 L.R.A. 476. 
 
 Furnishing soldiers. 14 L.R.A. 476. 
 
 Expenses relating to corporate existence. 
 14 L.R.A. 477. 
 
 Payment of moral obligations. 14 L.R.A. 
 477. 
 
 Aid to business corporations or enterprises. 
 14 L.R.A. 478. 
 
 Aid to railroads. 14 L.R.A. 479. 
 
 Rewards for criminals. 14 L.R.A. 480. 
 
 Power of legislature to make appropria- 
 tion to compensate injured militiaman. 
 44 L.R.A.(N.S.) 83. 
 
 Validity of pension or bounty to Con- 
 federate soldiers. 45 L.R.A/(N.S.) 692. 
 
 Constitutionality of statute providing for 
 transportation of pupils at public ex- 
 pense. 50 L.R.A. (N.S.) 428. 
 
 Power of municipal corporation or govern- 
 mental body to use public funds to pro- 
 mote the passage, or to secure the de- 
 feat, of a law. L.R.A.l 917B, 358. 
 
 Right of county or municipality to use pub- 
 lic funds to secure the retention, or lo- 
 cation, of a state institution within its 
 limits. L.R.A.1917E, 845. 
 
 Power of municipality to assume part or 
 
 all of burden of adapting street or 
 bridges for use of railroads or street 
 railways. 50 L.R.A. (N.S.) 143.
 
 1122 
 
 INDEX TO L.R.A. NOTES. 
 
 PUBLIC MONEY cont'd 
 
 Use of public funds to pay expense incurred 
 bv officer or citizen in litigation. 
 L.R.A.1916D, 92. 
 
 For expenses of legislative committee to 
 attend public function. 1 L.R.A. (N.S.) 
 409. 
 
 Expenses incurred by public officials or em- 
 ployees in attending conventions, etc., 
 as a proper charge on public funds. 
 L.R.A.1917E, 332. 
 
 Use of, to establish drains and sewers. 60 
 L.R.A. 226. 
 
 Power of legislature to authorize counties 
 or other political divisions to build, 
 purchase, or operate railroad or street 
 railway as affected by restrictions on 
 power to aid private enterprises. 28 
 L.R.A.(N.S.) 412. 
 
 Use of public fund to maintain or improve 
 private ways or ways dedicated to pub- 
 lic but never accepted. 35 L.R.A. (N.S.) 
 524. 
 
 Right to use public funds to relieve per- 
 sons not entirely without means of 
 their own. 27 L.R.A. (N.S.) 1079. 
 
 Validity of statute providing for govern- 
 mental assistance of individual mem- 
 bers of certain classes of unfortunate 
 or afflicted persons. 7 L.R.A. (N.S.) 
 1196. 
 
 Right of state to authorize or direct diver- 
 sion of county funds to purpose other 
 than that for which collected. L.R.A. 
 1915D, 274. 
 
 Construction of improvement by public body 
 with option to private concern to pur- 
 chase as violation of constitutional pro 
 vision against lending credit. L.R.A. 
 1915B, 306. 
 
 PUBLIC MORALS. 
 
 Municipal control over nuisance affecting, 
 see MUNICIPAL CORPORATIONS, 40. 
 
 Injunction against nuisances affecting. 41 
 
 L.R.A. 321. 
 Right of municipality to revoke license to 
 
 icarry on business as incident to duty 
 
 to prptect. 35 L.R.A.(N.S.) 718. 
 Criminal responsibility of corporation for 
 
 offenses against. *2 B. R. C. 249. 
 
 PUBLIC OFFICERS. 
 
 
 
 See OFFICERS. 
 
 PUBLIC PEACE. 
 
 PUBLIC PLACES. 
 
 Grant of right to use for advertising pur- 
 poses. 9 L.R.A.(N.S.) 455. 
 
 32 
 
 Disorderly language as disturbance of. 
 
 L.R.A. (N.S.) 505. See PRINTING, 2. 
 
 Begin iritU this book on every law question. 
 
 PUBLIC POLICY. 
 
 1. Generally. 
 
 Contracts opposed to, see CONTRACTS. IV. a. 
 
 Consolidation of parallel or competing rail- 
 roads as against. 45 L.R.A. 272. 
 
 Exemption of officer's salary on grounds of. 
 54 L.R.A. 568. 
 
 As related to communistic life or tenure of 
 property. 8 L.R.A.(N.S.) 909; 52 
 L.R.A.(*N.S.) 459. 
 
 In relation to effect of homicide on devo- 
 lution of property. 3 L.R.A. i N.S. . 
 726; L.R.A.1915C, 329. 
 
 In relation to effect of murder of insured by 
 beneficiarv on right to proceeds of 
 policy. L.R.A.1917B, 671. 
 
 Claims illegal or void by statute or public 
 policv as subject of valid compromise. 
 25 LJl.A.(N.S.) 297. 
 
 Lawfulness of boycott by other than labor 
 union when violative of public policy. 
 33 L.R.A.(N.S.) 1034. 
 
 Validity from standpoint of, of provision 
 in will for forfeiture of interest by 
 contesting beneficiary. 68 L.R.A. 447. 
 
 Necessary accordance with, in enforcement 
 of general bequest for charity or re- 
 ligion. 14 L.R.A.(N.S.) 71; 37 L.R.A. 
 (N.S.) 998. 
 
 Designation as beneficiary, in insurance 
 policy or benefit certificate, of one 
 without insurable interest, as affected 
 by considerations of. 16 L.R,A.(N.S.] 
 555. 
 
 2. Effect of, on enforcement of law 
 of other state or country. 
 
 As to law governing insurance contract. 
 63 L.R.A. 848; 23 L.R.A. (N.S.) 972; 
 52 L.R.A.(N.S.) 277. 
 
 As to action for death or bodily injury 
 under law of other state. 56 L.R.A. 
 202. 
 
 As to married woman's contract. 26 L.R.A. 
 (N.S.) 774. 
 
 Of forum, sale of intoxicating liquor in vio- 
 lation of. 61 L.R.A. 429. 
 
 As to right of nonresident or foreign cor- 
 poration to sue. 70 L.R.A. 521. 
 
 Laws as to gambling and lottery contracts. 
 46 L.R.A.(N.S.J 650. 
 
 PUBLIC PRINTING.
 
 INDEX TO L.R.A. NOTES. 
 
 1123 
 
 PUBLIC PROPERTY. 
 
 Mechanics' lien on, see MECHANICS' LIENS, 
 
 38. 
 Liability to local assessment, see PUBLIC 
 
 IMPROVEMENTS, 17-19, 23. 
 School property, see SCHOOLS, 29, 30. 
 Taxation of, see TAXES, 30-32. 
 See also STATE INSTITUTIONS. 
 
 Injunction against sale of, under execution. 
 
 30 L.R.A. 103. 
 
 Mechanics' liens on. 35 L.R.A. 141. 
 For which public money may be used. 14 
 
 L.R.A. 474. 
 Property leased by public as subiect to 
 
 taxation. 35 L.R.A.(N.S.) 167; 52 
 
 L.R.A.(N.S.) 991. 
 Diversion of property donated for public 
 
 library to other uses. 45 L.R.A. (N.S.) 
 
 368. 
 
 PUBLIC PROSECUTOR. 
 
 See DISTRICT AND PROSECUTING ATTORNEY. 
 
 PUBLIC PURPOSE. 
 
 For which property may be condemned, see 
 
 EMINENT DOMAIN, 9-23. 
 Manufacturing as, see MANUFACTURER, 3. 
 
 Liability of lessor of property to be used 
 for a public purpose for personal inju- 
 ries to third persons. L.R.A.1915B, 
 364, 387. 
 
 PrBLIC RECORDS. 
 
 See RECORDS AND RECORDING LAWS. 
 
 PUBLIC RESORTS. 
 
 Employer's nonliability for acts of inde- 
 pendent contractor at entertainments 
 at. 65 L.R.A. 644. 
 
 
 
 PUBLIC SAFETY. 
 
 Injunction against nuisance affecting. 41 
 
 L.R.A. 322. 
 Municipal regulation of nuisances relating 
 
 to. 38 L.R.A. 305. 
 
 PUBLIC SALE. 
 
 On resale of goods to fix damages for pur- 
 chaser's refusal to accept. 42 L.ILA. 
 (N.S.) 683. 
 
 Consult also L.R.A. Digests of Cases. 
 
 PUBLIC SCHOOLS. 
 
 See SCHOOLS. 
 
 PUBLIC SECURITIES. 
 
 Bonds, see BONDS, III. 
 
 General exemption of, from taxation as 
 
 comprehending death duties. 1 B. R. C. 
 
 879. 
 Personal liability of a trustee for losses to 
 
 trust estate from investments in. 44 
 
 L.R.A.(N.S.) 887. 
 
 PUBLIC SERVICE COMMISSION. 
 
 Power to regulate rates of carriers, see CAB- 
 BIERS, 156. 
 
 Regulation by, of rates generally, see RATES, 
 2. 
 
 Delegation to railroad commission of pow- 
 er to regulate carriers. 32 L.R.A. 
 (N.S.) 639. 
 
 Power of Public Service Commission to reg- 
 ulate disposition of surplus products. 
 L.R.A.1918C, 680. 
 
 Power and duty of, to control the issuance 
 of securities by public service corpo- 
 rations. 45 L.R.A. (N.S.) 629. > 
 
 Power of commission to compel production 
 of papers and records for inspection. 
 L.R.A.1917F, 1202. 
 
 Jurisdiction of Public Utilities Commission 
 over rates as limited by constitutional 
 or statutory power of municipality to 
 regulate utilities. L.R.A.1918D, 315. 
 
 Power of Public Service Commission to pre- 
 scribe the character of materials for de- 
 pots. L.R.A.1918C, 495. 
 
 Decisions and orders of, as to regulation of 
 jitney buses. L.R.A.1915F, 845 ; L.R.A. 
 1918B, 916. 
 
 Action against, as action against the state. 
 44 L.R.A.(N.S.) 198. 
 
 Right to appeal to court from decision of. 
 49 L.R.A. (N.S.) 565. 
 
 Constitutionality of statute empowering 
 commission to determine amount of 
 compensation in eminent domain pro- 
 ceedings. 52 L.R.A. (N.S.) 850. 
 
 Remedy to enforce orders of. L.R.A. 1918E, 
 303. 
 
 PUBLIC SERVICE CORPORATIONS. 
 
 1. Generally. 
 
 Recovery back of money from, see As- 
 
 STJMPSIT, 7. 
 
 Use of highway by, see HIGHWAYS, 21- 
 
 32. 
 
 Mandamus to, see MANDAM.US, 13^15. 
 Rates charged by, see RATES, 2. ... 
 For irrigation purposes, see WATERS, 
 
 92-97. 
 For supplying water generally, see WATERS, 
 
 III.
 
 1124 
 
 INDEX TO L.R.A. NOTES. 
 
 PUBLIC SERVICE CORPORATIONS 
 cont'd 
 
 See also CARRIERS; ELECTRICITY; ELECTRIC 
 LIGHTS; GAS; INSURANCE; RAILROADS; 
 STREET RAILWAYS; TELEGRAPHS; TELE- 
 PHONES; WAREHOUSEMEN; WATERS. 
 
 Effect of rendering incidental service to 
 members of the public to make corpora- 
 tion, otherwise private, a public utility. 
 L.R.A.1918A, 213= 
 
 Cotton ginning as a business affected with a 
 public interest. L.R.A.1918A, 285. 
 
 Pipe line companies as public utilities. 
 L.R.A.1918C, 855. 
 
 Fire insurance as a business affected by 
 public interest. 29 L.R.A.(N.S.) 1195; 
 L.R.A.1915C, 1189. 
 
 Specific performance of agreement for main- 
 tenance of license on land. 49 L.R.A. 
 518. 
 
 Recovery back of excessive payments to. 
 18 L.R.A.(N.S.) 124. 
 
 Involuntary bankruptcy proceedings against. 
 33 L.R.A.(N.S.) 454. 
 
 Right to interfere with wires of, in moving 
 house along street. 14 L.R.A.(N.S.) 
 448; L.R.A.1917C, 774. 
 
 Duty and right of municipality to reim- 
 burse for expenses entailed by improve- 
 ment in street. 6 L.R.A.(N.S.) 1026. 
 
 Does taxation of business or occupation of 
 public-service corporation and taxation 
 of its franchise or right to occupy the 
 streets amounts to double taxation. 28 
 L.R.A.(N.S.) 221. 
 
 Power to require public service corporation 
 to carrv municipal wires on its poles. 
 32 L.R*.A.(N.S.) 997. 
 
 Right of public service corporation to chal- 
 lenge powers or privileges of rival. 
 L.R.A.1916B, 1087. 
 
 Compensation to be paid public utility- com- 
 pany upon taking its plant. 47 L.R.A. j 
 (N.S.) 770. 
 
 Requiring connection or joint use of prop- 
 erties of public service corporations as 
 a taking for which compensation must 
 be made. 50 L.R.A.(N.S.) (552; L.R.A. 
 1916E, 759; L.R.A.1917E, 1083. 
 
 Power and duty of public authorities to 
 control the issuance of securities by 
 public service corporations. 45 L.R.A. 
 (N.S.) 629; 47 L.R.A. (N.S.) 1167. 
 
 Force permissible in resisting or aiding the 
 attempt of a public service corporation 
 to plant poles, lay tracks, etc. 45 
 L.R.A. (N.S.) 601. 
 
 Lack of, or invalidity of franchise as a de- 
 fense to an action by a public service 
 corporation for service rentals. 52 
 L.R.A.(N.S.) 713. 
 
 Incorporation of territory into municipality 
 as affecting existing contract of public 
 service corporation to supply a com- 
 modity or service in that territory. 
 L.R.A'.1916A, 1071. 
 
 Power of public to determine capacity and 
 suitableness of particular officer, agent 
 or employee of corporation whose busi- 
 ness is affected with a public interest. 
 L.R.A.1915E, 708. 
 
 PUBLIC SERVICE CORPORATIONS 
 
 cont'd 
 
 Duty of purchaser of public utility franchise 
 or property to carry out franchise obli- 
 gations as to service. L.R.A. 1918A, 
 266. 
 
 2. Rights and powers of. 
 
 Right of appropriator of water for distri- 
 bution to the public to grant exclusive 
 or preferential rislits to the individual. 
 29 L.R.A. (N.S.) '2J3. 
 
 Right of public-service corporation per- 
 forming two distinct kinds of service 
 to refuse to furnish one without the 
 other. 33 L.R.A. (N.S.) 1078. 
 
 Validity of contract by public service cor- 
 poration for exclusive right of way 
 across private property. 36 L.R.A. 
 (N.S.) 456. 
 
 Federal courts following state decisions as 
 to. 40 L.R.A.(N.S.) 443. 
 
 3. as to prompt payment of ren- 
 tals. 
 
 Discrimination by requiring payment of 
 rental in advance. 31 L.R.A. (N.S.) 
 315. 
 
 Reasonableness of regulation requiring pay- 
 ment of rentals in advance. 19 L.R.A. 
 (N.S.) 693; 31 L.R.A. (N.S.) 319. 
 
 Right of public service corporation to im- 
 pose penalty or added amount for 
 failure to pay service bills promptly. 
 31 L.R.A. (N.S.) 329; 43 L.R.A. (N.S.) 
 63. 
 
 Right to discontinue service after tender of 
 amount due. L.R.A.1917C, 376. 
 
 4. Liabilities of. 
 
 See also CARRIERS ; ELECTRIC LIGHTS ; GAS ; 
 INSURANCE; RAILROADS; STREET RAIL- 
 WAYS ; TELEGRAPHS ; TELEPHONES ; 
 WAREHOUSEMEN ; WATERS. 
 
 Duty to serve public as affecting liability 
 of public utility for temporary inter- 
 ference with water rights. L.R.A. 
 1915E, 294. 
 
 Liability of, for frightening horses by con- 
 struction apparatus in street. 28 
 L.R.A.(N.S.) 942. 
 
 Continued duty and liability of public serv- 
 ice corporation to members of public 
 after conveyance to foreign corporation 
 incapable of taking title. 33 L.R.A. 
 (N.S.) 362. 
 
 Validity of contract making public service 
 corporation's liability to municipality 
 dependent upon the continuance of its 
 franchise without competition. 21 
 L.R.A.(N.S.) 214. 
 
 Federal courts following state decisions 
 as to. 40 L.R.A.(N.S.) 443. 
 
 5. Valuation of property of. 
 
 Fundamental principles of valuation of pub- 
 lic service property. L.R.A.1916F, 
 599. 
 
 Treatment of overhead charges in public 
 service property valuations. 48 
 L.R.A.(N.S.) 1037. 
 
 Begin irff/t this fcoofc on evert/ 
 
 question.
 
 INDEX TO L.K.A. NOTES. 
 
 1125 
 
 PUBLIC SERVICE CORPORATIONS 
 eont'd 
 
 Treatment of franchises, water rights, and 
 miscellaneous intangibles in public 
 service property valuations. 48 
 L.R.A. (N.S.) 1063. 
 
 Treatment of going concern '"value" in pub- 
 lic service property valuations. 48 
 L.R.A.(N.S.) 1092. 
 
 Treatment of good will in public service 
 property valuations. 48 L.R.A. 
 (X.S.) 1146. 
 
 Valuation of public-utility lands. 48 L.R.A. 
 (N.S.) 1196. 
 
 Special problems in respect to the treat- 
 ment of appreciation, in public 
 service property valuations. 51 
 L.R.A. (N.S.) 7. 
 
 Allowance for depreciation in plant in fixing 
 rates. 38 L.R.A.(N.S.) 1209. 
 
 Treatment of accrued depreciation in valu- 
 ation of public service property. 
 L.R.A.191CF, 761. 
 
 6. Return. 
 
 What constitutes the return of a public 
 service corporation for rate-mak- 
 ing purposes. 52 L.R.A.(N.S. ) 15. 
 
 Returns to which public service corporations 
 are entitled. L.R.A. 1915A, 5. 
 
 PUBLIC SPEECH. 
 
 Copyright in report of. 2 B. R. C. 335. 
 
 PUBLIC TRIAL. 
 
 See CRIMINAL LAW, 44. 
 
 PUBLIC URINALS. 
 
 Injunction against, when constituting nui- 
 sance. 23 L.R.A. 303. 
 
 PUBLIC USE. 
 
 Dedication of property for, see DEDICATION. 
 
 Condemnation of property devoted to, see 
 EMINENT DOMAIN, 7, 8. 
 
 Taking of property for, see EMINENT DO- 
 MAIN, 9-23. 
 
 PUBLIC USER. 
 
 As acceptance of dedication, see DEDICA- 
 TION, 7. 
 
 PUBLIC UTILITIES. 
 
 In general, see PUBLIC SERVICE CORPORA- 
 TIONS. 
 Consult alsn L.R.A. Diycfits <>f Cases. 
 
 PUBLIC UTILITIES eont'd 
 
 Heating service as. 37 L.R.A. (N.S.) 510. 
 
 What are, within statute permitting mu- 
 nicipality to exceed debt limit for pur- 
 chase or repair of. 31 L.R.A. (N.S.) 
 556. 
 
 Right of municipality to secure, by piece- 
 meal to avoid constitutional debt limit. 
 12 L.R.A.(N.S.) 433. 
 
 PUBLIC WATER SUPPLY. 
 
 See WATERS, III. 
 
 PUBLIC WORKS. 
 
 Right of subcontractors, laborers, and ma- 
 terialmen on bond of contractor for 
 public work, see BONDS, 9, 10. 
 
 Prohibiting or restricting employment of 
 aliens on. L.R.A.] 91I5D, 5fl& 
 
 Validity of statute, ordinance, or contract 
 fixing minimum wage for person em- 
 ployed on public work. 51 L.R.A. 
 (N.S.) 686. 
 
 Loss of profits as element of damages for 
 breach of contract for construction or 
 repair of. 53 L.R.A. 49. 
 
 Constitutionality of statutes requiring 
 work incident to public contract to be 
 done in state or a local division there- 
 of. 41 L.R.A. (N.S.) 711. 
 
 PUBLISHERS. 
 
 Validity of restrictive agreement on sale of 
 publishing business. 24 L.R.A. (N.S.) 
 931; L.R.A.1916C, 632. 
 
 PUBLISHING. 
 
 Of forged instrument, see FORGERY. 
 
 As a manufacturing business. 64 L.R.A. 
 62. 
 
 PUFFING. 
 
 As a fraud. 35 L.R.A. 418. 
 
 PULLMAN CAR COMPANY. 
 
 See CARRIERS, 96, i>7. 
 
 PUMPING PLANT. 
 
 Mechanics' lien on. 42 L.R.A. (N.S.) 355.
 
 1126 
 
 INDEX TO L.R.A. NOTES. 
 
 PUNCHES. 
 
 Master's liability for injury by defect in. 
 13 L.R.A.(N.S.) 676; 51 L.R.A. (N.S.) 
 337. 
 
 PUNISHMENT. 
 
 For assault and battery, see ASSAULT AND 
 
 BATTERY, 35. 
 
 In bastardy proceedings, see BASTARDY, 5. 
 For contempt, see CONTEMPT, 10-13. 
 For crime generally, see CRIMINAL LAW, 
 
 VI. 
 
 Of fraud, see FRAUD AND DECEIT, 35. 
 For gambling, see GAMING, 8. 
 For homicide, see HOMICIDE, 35. 
 For offenses as to intoxicating liquors, see 
 
 INTOXICATING LIQUORS, 35. 
 For larceny, see LARCENY, 12. 
 For maintaining nuisance, see NUISANCES, 
 
 31. 
 
 For robbery, see ROBBERY, 7. 
 Homicide by excessive punishment, see 
 
 HOMICIDE, 9. 
 
 Of child, see PARENT AND CHILD, 20. 
 Of scholar, see SCHOOLS, 21, 22. 
 
 PUNITIVE DAMAGES. 
 
 See DAMAGES, 13-19. 
 
 PUPILS. 
 
 See SCHOOLS. 
 
 PURCHASE MONEY. 
 
 1. Generally. 
 
 Injunction against collection of, when title 
 is defective, see INJUNCTION, 45. 
 
 For liquors, liability for, see INTOXICATING 
 LIQUORS, 40. 
 
 At judicial sale, abatement or return of, 
 see JUDICIAL SALE, 15. 
 
 On sale of chattels, see SALE, 45-47, 60. 
 
 Abatement from, in action for specific per- 
 formance, see SPECIFIC PERFORMANCE, 
 28. 
 
 Usury in interest on deferred payments of, 
 see USURY, 7. 
 
 For land, see VENDOR AND PURCHASER, 
 10-13. 
 
 Reservation of title to property as affecting 
 negotiability of note for purchase price. 
 43 L.R.A.(N.S.) 945. 
 
 Tender of purchase money for real estate by 
 partner. 28 L.R.A/105. 
 
 Usury in deferred payments of. 27 L.R.A. 
 565. 
 
 Possession of partner advancing for partner- 
 ship real estate. 28 L.R.A. 103. 
 
 PURCHASE MONEY cont'd 
 
 Effect of ward's retention of, to euro failure 
 to require bond of guardian. 33 L.R.A. 
 763. 
 
 Effect of refusal to accept on real estate 
 broker's right to commissions. 43 
 L.R.A. 604. 
 
 Negotiability of note for, as affected by 
 reservation of title of property. 43 
 L.R.A. 277. 
 
 Failure of consideration as ground for in- 
 junction against judgment for. 31 
 L.R.A. 748. 
 
 Effect of refusal to execute purchase-money 
 notes to give seller an immediate right 
 of action. 12 L.R.A. (N.S.) 180. 
 
 Effect of defendant's mistake of fact as to 
 the right to specific performance of con- 
 tract induced thereby. 15 L.R.A. (N.S.) 
 87. 
 
 Right of purchaser of land at judicial sale 
 to abatement of purchase price for de- 
 ficiency in quantity. 28 L.R.A. (N.S.) 
 393. 
 
 Sale with particular description of kind or 
 quality as warranty or condition pre- 
 cedent where purchase price is paid be- 
 fore opportunity to inspect. 35 L.R.A. 
 (N.S.) 273. 
 
 Effect of mistake or misunderstanding as to, 
 in contract for sale of personaltv. 32 
 L.R.A. (N.S.) 433. 
 
 Right of customer who has advanced pur- 
 chase money to broker or factor to 
 preference in case of insolvency prior 
 to making of purchase. 42 L.R.A. 
 (N.S.) 95. 
 
 2. Payment of. 
 
 Payable in instalments, see INSTALMENTS, 
 
 3. 
 
 Medium of payment of, see PAYMENT, 11. 
 For land, see VENDOR AND PURCHASER. 
 
 10-13. 
 
 Necessity for immediate payment on tax 
 ' sale. 33 L.R.A. 481. 
 
 Of purchase price of timber conveyed with- 
 out conveying title to the land. 55 
 L.R.A. 520. 
 
 Right of purchasers of, or creditors levying 
 on, goods sold for cash but delivered 
 without payment. 13 L.R.A. (N.S.) 
 697; 29 L.R.A. (N.S.) 709; 47 L.R.A. 
 (N.S.) 173. 
 
 Right of vendee to specific performance of 
 contract for payment of purchase price 
 where vendor is unable to convey a good 
 and unencumbered title. 10 L.R.A. 
 (N.S.) 117; 38 L.R.A. (N.S.) 1195. 
 
 Tender of deed or abstract of title as con- 
 dition of enforcing forfeiture for ven- 
 dee's failure to pay last instalment of 
 purchase money. 28 L.R.A. (N.S.) 956. 
 
 Necessity of specifying time of payment of, 
 in contract or memorandum for sale of 
 real property. 33 L.R.A.(N.S.) 84. 
 
 3. duty to see to application of. 
 
 Duty of purchaser from insolvent to see to 
 'application of purchase price to debts. 
 32 L.R.A. 65. 
 
 Begin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1127 
 
 PURCHASE MONEY cont'd 
 
 Duty of purchaser from conditional vendee 
 with right to resell to see that latter's 
 vendor is paid. 20 L.R.A.(N.S.) 585. 
 
 Duty of one purchasing from trustees under 
 testamentary trust for payment of 
 debts to see to application of. 5 L.R.A. 
 (N.S.) 370. 
 
 Liability of purchaser from partnership to 
 see' to application of. 28 L.R.A. 174. 
 
 4. Recovery back or return of. 
 
 Recovery of purchase price of property sold 
 for unlawful purpose, see CONTRACTS, 
 114. 
 
 Recovery back of purchase money for land, 
 see VENDOR AND PURCHASER, 14. 
 
 Liability of execution creditor for return of 
 purchase price on failure of title to 
 property sold on execution. 36 L.R.A. 
 
 (N.S.) 1218. 
 
 5. Lien for. 
 
 Lien of seller of personalty, see SALE, 60. 
 Lien of vendor of land for, see VENDOR AND 
 PURCHASER, 30-35. 
 
 Maritime lien for. 70 L.R.A. 417. 
 
 Is money loaned to improve land part of 
 purchase price within rule that a pur- 
 chase money lien takes priority over 
 homestead rights. 41 L.R.A. (N.S.) 89. 
 
 Homestead exemption as against claim for 
 money loaned by third person to pay 
 off existing purchase money obligation. 
 L.R.A.1915E, 875. 
 
 6. Mortgage for. 
 
 What is, see MORTGAGE, 
 
 12. 
 
 Effect of statutory bar -of action for pur- 
 chase money on right to enforce lien 
 where vendor takes mortgage which 
 shows that it is given for the purchase 
 money. 39 L.R.A. (N.S.) 1176. 
 
 Transfer of purchase money obligation as 
 affecting reservation of title on condi- 
 tional sale. 37 L.R.A.(N.S.) 71. 
 
 Dower in land subject to purchase money 
 mortgage. 52 L.R.A. (N.S.) 540. 
 
 Homestead exemption as against claim for 
 money loaned by third person to pay 
 off existing purchase money mortgage. 
 L.R.A.1915E, 875. 
 
 Right of mortgagor giving purchase money 
 mortgage, or those claiming under him, 
 to set up outstanding title or to ac- 
 quire outstanding title to defeat the 
 mortgage. L.R.A.1918B, 738. 
 
 7. priority of. 
 
 Mortgage to secure purchase money ad- 
 vanced to purchase property, as a pur- 
 chase money mortgage not subject to 
 homestead rights. 40 L.R.A. (N.S.) 275. 
 
 Priority of later mechanic's lien over. 14 
 L.R.A. 307. 
 
 8. Chattel mortgage for. 
 
 Validity of chattel mortgage of stock of 
 merchandise to secure purchase price 
 as affected by provision or agreement 
 giving mortgagor possession with power 
 of sale. 36 L.R.A. (N.S.) 1191. 
 
 Consult fso L.R.A. Digests of Cases. 
 
 PURCHASE MONEY cont'd 
 9. Defense to action 1'or. 
 
 Failure of consideration as defense to action 
 on note for. 39 L.R.A. (N.S.) 938; 
 L.R.A.1918A, 1055. 
 
 Breach of parol warranty as defense to ac- 
 tion between original parties on note 
 for purchase price of chattel. 28 
 L.R.A.(N.S.) 267. 
 
 What misrepresentations as to books sold 
 will constitute a defense to an action 
 for their purchase price. 22 L.R.A. 
 (N.S.) 1210. 
 
 PURCHASE MONEY MORTGAGE. 
 
 See PURCHASE MONEY, 6, 7. 
 
 PURCHASING AGENT. 
 
 Rights of agent who purchases for an ex- 
 ecutor or administrator at the latter's 
 own sale. L.R.A.1918B, 42. 
 
 PURE FOOD AND DRUGS ACT. 
 
 See DRUGS AND DRUGGISTS; FOOD. 
 
 PURPOSE. 
 
 Motive, see MOTIVE. 
 
 For which property may be taken under 
 
 power of eminent domain, see EMINENT 
 
 DOMAIN, II. d. 
 For which public money may be used, see 
 
 PUBLIC MONEY, 4. 
 For which taxes may be levied, see TAXES, 
 
 13. 
 
 Beneficent purpose as excuse or justifica- 
 tion of combination to raise price of 
 commodity. 51 L.R.A. (N.S.) 244. 
 
 Stockholder's "right to inspect books as af- 
 fected by. 45 L.R.A. 461; 20 L.R.A. 
 (N.S.) 386. 
 
 PURVEYING. 
 
 As a manufacturing business. 64 L.R.A. 64. 
 
 PUSHING. 
 
 Proximate cause of injury where one person 
 
 is pushed against 
 1917E, 275. 
 
 another. L.R.A.
 
 1128 
 
 INDEX TO L.R.A. NOTES. 
 
 PUTATIVE FATHER. 
 
 Effect of attempt by, to appoint guardian 
 for child against surviving mother. 13 
 L.R.A.(X.S.) 294. 
 
 PUZZLE. 
 
 Giving prize for composition, or solution of 
 puzzle, as lottery. 6 B. R. C. 780. 
 
 QUAE IPSO USU CONSUMUNTUR. 
 
 Effect of bequest for life of chattels con- 
 sumable in the use. 16 L.R.A.(N.S.) 
 483. 
 
 QUALIFICATION. 
 
 Of voters, see ELECTIONS, I. 
 
 Of grand jurors, see GRAND JURY, 3. 
 
 Of appraisers of insurance loss, see INSUR- 
 ANCE, 152b. 
 
 Of person licensed to sell liquor, see IN- 
 TOXICATING LIQUORS, 12. 
 
 Of judge, see JUDGES, 3, 4. 
 
 Of juror, see JURY, 11-14. 
 
 Of justice of the peace, see JUSTICE OF THE 
 PEACE, 2. 
 
 Of officers, see OFFICERS. 4-9. 
 
 Of teachers, see SCHOOLS, 15. 
 
 Of witnesses, see WITNESSES, 9-25. 
 
 Effect of disqualification of members of 
 tribunal of mutual benefit society sus- 
 pending or expelling a member on con- 
 clusiveness of decision. 52 L.R.A. 
 
 (N.S.) 809. 
 
 QUALIFIED LIMITATIONS. 
 
 Under rule in Shelley's Case. 29 L.R.A. 
 (N.S.) 1077, 1121, 1126, 1152. 
 
 QUALIFIED PRIVILEGE. 
 
 As to libel or slander, see LIBEL AND SLAN- 
 DER, 22-30. 
 
 As to information given by master affect- 
 ing character or reputation of serv- 
 ant. 4 L.R.A.(N.S.) 1105. 
 
 QUALITY. 
 
 Breach of warranty as to, see SALE, 33- 
 
 36, 54. 
 Of land sold, see VENDOR AND PURCHASER, 
 
 19-21. 
 
 Statement of, as a fraud. 35 L.R.A. 419, 
 436. 
 
 QUALITY cont'd 
 
 Duty of water company as to quality of 
 
 water furnished. 61 L.R.A. 87. 
 Relief from purchase at auction on ground 
 
 of mistake as to. 34 L.R.A.(N.S.) 930. 
 Effect of delivery to carrier on buyer's 
 
 right to reject goods for lack of. 8 
 
 L.R.A.(N.S.) 1167. 
 Police regulations prescribing standard of 
 
 quality of milk. 1 L.R.A. (N.S.) 918. 
 Parol evidence that parties to a written 
 
 contract which merely names a class 
 
 or species contemplated a particular 
 
 quality. 9 L.R.A. (N.S.) 967. 
 
 QUANTITY. 
 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 700. 
 Admissibility of memoranda on check stubs 
 
 as memoranda of. 42 L.R.A. (N.S.) 
 
 729. 
 Statements as to, as a fraud. 35 L.R.A, 
 
 419, 438. 
 Right to rely on representations as to. 37 
 
 L.R.A. 610. 
 
 Purchaser's right to rely on seller's esti- 
 mate of. 17 L.R.A. (N.S. i 41!). 
 Effect of misrepresentation as to quantity 
 
 of goods bv shipper on his right to 
 
 recover for "loss. 23 L.R.A.(N.SJ 745. 
 Limitation as to quantity of water power 
 
 granted. 67 L.R.A. 395. 
 Duty of water company as to quantity of 
 
 water furnished. 61 L.R.A. 87. 
 Effect of mistake of fact by defendant as 
 
 to, on right to specific performance of 
 
 contract induced bv the mistake. 15 
 
 L.R.A. (N.S.) 82. 
 Relief from purchase at auction on ground 
 
 of mistake as to. 34 L.R.A.(N.S.) 
 
 928. 
 
 n-itli tJiis Itoolc on every Jaw question. 
 
 QUANTUM MERUIT. 
 
 Recovery, on, generally, see CONTRACTS. 
 129, 137, 138. . 
 
 Recovery on quantum meruit by party to 
 ultra vires contract with corporation. 
 L.R.A.1917A, 1028, 1036. 
 
 Right of broker securing purchaser for part 
 of the property to recover on quantum 
 meruit. 51 L.R.A. (N.S.) 258.
 
 INDEX TO L.R.A. NOTES. 
 
 1129 
 
 QUARANTINE. 
 
 Duty and liability of carrier as to, see CAB- 
 
 "RIERS, 44. 
 Of human beings, see HEALTH, 9. 
 
 Delegation by legislature of power as to 
 quarantining cattle. 32 L.R.A. (N.S.) 
 651. 
 
 Validity and construction of statutory 
 regulations as to quarantine of infect- 
 ed animals. 43 L.R.A. (N.S.) 1074. 
 
 QUARRY. 
 
 1. Generally. 
 
 Persons operating, as independent contract- 
 ors. 65 L.R.A. 467, 488. 
 
 Right of municipal corporation to main- 
 tain. 31 L.R.A. (N.S.) 122; 51 L.R.A. 
 (N.S.) 1145. 
 
 Power of municipality to prohibit the open- 
 ing or working of. 2 L.R.A.(N.S.) 796. 
 
 Liability of municipality for tort in con- 
 nection with quarry worked by it. 38 
 L.R.A.(N.S.) 281. 
 
 2. Injury to servant in. 
 
 Foreman supervising work in, as vice prin- 
 cipal. 51 L.R.A. 533, 555. 
 
 Servants in, as fellow servants. 50 L.R.A. 
 437, 461. 
 
 Imputing to master coservant's negligence 
 in respect to dangers in. 54 L.R.A. 
 138. 
 
 Servant's assumption of risk from changing 
 condition of excavations in. during 
 progress of work. 19 L.R.A. (N.S.) 356. 
 
 QUASHING. 
 
 Of indictment, see INDICTMENT, INFORMA- 
 TION, AND COMPLAINT, 29. 
 
 QUASI PUBLIC CORPORATIONS. 
 
 Injunction against sale of property of. 30 
 
 L.R.A. 104. 
 Execution or judicial sale of franchise or 
 
 property necessary for its enjoyment. 
 
 20 L.R.A. 737; 31 L.R.A. 637. 
 
 QUASI PUBLIC PROPERTY. 
 
 Liability of, to local assessment. 35 L.R.A. 
 39;' 44 L.R.A.(N.S.) 57. 
 
 QUASI PUBLIC PURPOSE. 
 
 Right to transfer or mortgage privilege to 
 use street for. 47 L.R.A. 87; L.R.A. 
 1917D, 707. 
 
 Consult also L.R.A. J>ij/r.s/ t s of Cases 
 
 QUAY. 
 
 See WHARVES. 
 
 QUESTION FOR COURT. 
 
 See TRIAL, III. 
 
 QUESTION OF FACT. 
 
 See TRIAL, III. 
 
 QUIA TIMET. 
 
 
 
 Effect of remedy at law on jurisdiction by 
 bill quia timet. 12 L.R.A. (N.S.) 53*. 
 
 QUIET ENJOYMENT. 
 
 Covenant for, see COVENANTS, 12, 31-33. 
 
 QUIETING TITLE. 
 
 See CLOUD ON TITLE. 
 
 - * - 
 QUITCLAIM DEED. 
 
 1. Generally. 
 
 Right of grantee in possession under, to 
 question grantor's right to purchase 
 money. 21 L.R.A. (N.S.) 385. 
 
 2. Rights of purchaser by. 
 
 Right of holder of quitclaim to protection 
 
 against latent equities. 29 L.R.A. 33. 
 Right of purchasers by quitclaim to in- 
 
 junction against collection of purchase 
 
 money, where title to land is defective. 
 
 7 L.R.A. (N.S.) 458. 
 Right to question the validity of a mort- 
 
 gage on land purchased. L.R.A. 1917C, 
 
 839. 
 Precedence as between quitclaim deed and 
 
 senior unrecorded deed. 12 L.R.A. 
 
 (N.S.) 240; 26 L.R.A. (N.S.) 159. 
 
 3. Effect of. 
 
 Effect of, in otherwise pei'fect record title, 
 see RECORDS AND RECORDING LAWS, 
 35. 
 
 4. on after-acquired title. 
 
 General rule. 35 L.R.A. (N.S.) 1182. 
 Designation of particular interest or estate. 
 
 35 L.R.A.(N.S.) 1184. 
 Covenants in quitclaim. 35 L.R.A. (N.S.) 
 
 1185. 
 
 Completion or confirmation of interest pass- 
 ing under quitclaim. 35 L.R.A. 
 (N.S.) 3188.
 
 1130 
 
 INDEX TO L.R.A. NOTES. 
 
 QUITCLAIM DEED cont'd 
 Effect of statutes. 35 L.R.A. (N.S.) 1192. 
 Character of deed as a quitclaim. 35 
 L.R.A.(N.S.) 1193. 
 
 5. Adverse possession under. 
 
 Possession under quitclaim deed by one of 
 several tenants as adverse to cotenant. 
 32 L.R.A. (N.S.) 708. 
 
 As color of title for adverse possession. 4 
 L.R.A.(N.S.) 776. 
 
 QUORUM. 
 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 58. 
 At stockholders' meeting, see CORPORATIONS, 
 
 126. 
 In general, see PARLIAMENTARY LAW, 3. 
 
 QUOTATIONS. 
 
 Communication naming; price as a quota- 
 tion, or an offer to sell. 3 B. R. C. 229. 
 
 Mandamus to compel delivery of market 
 quotations to bucket shop. 3 L.R.A. 
 (X.S.) 153. 
 
 Property right in market quotations. 7 
 L.R.A. (N.S.) 889. 
 
 In newspaper as evidence of value. 16 
 L.R.A.(N.S.) 758. 
 
 QUOTED PRICE. 
 
 Effect of retention of goods after notice of 
 mistake in., 15 L.R.A. (N.S.) 368. 
 
 QUO WARRANTO. 
 
 1. Generally. 
 
 Right to remove to a Federal court a quo 
 warranto proceeding against a foreign 
 corporation. L.R.A.1918D, 857. 
 
 2. Jurisdiction. 
 
 Original jurisdiction of court of last re- 
 sort, see COURTS, 30. 
 
 3. When proper remedy. 
 
 To inquire into validity of drainage assess- 
 ment. 60 L.R.A. 243. 
 
 Right to maintain quo warranto proceed- 
 ings for vindication of private rights. 
 22 L.R.A. (N.S.) 810. 
 
 Provision for testing election of city officer 
 before city council or other municipal 
 body as exclusive of quo warranto. 
 26 L.R.A.(N.S.) 208. 
 
 Quo warranto to test validity of liquor 
 license. 24 L.R.A. (N.S.) 555. 
 
 4. corporate matters. 
 
 Quo warranto, or information in nature of 
 quo warranto, to test title to office 
 in private corporation. 51 L.R.A. 
 (N.S.) 1126. 
 
 To oust foreign association from exercise 
 of corporate function. 24 L.R.A. 295. 
 
 Against corporations for making illegal 
 charges in the course of authorized 
 business. 63 L.R.A. 761. 
 
 5. Who entitled to maintain. 
 
 Who may maintain quo warranto to test 
 validity of organization of municipal 
 corporation or political subdivision of 
 state. 21 L.R.A.(N.S.) 685. 
 
 As matter of right by attorney general or 
 district attorney. 1 L.R.A. (N.S.) 826. 
 
 Scope of discretion of public prosecutor 
 with respect to institution of proceed- 
 ings in nature of quo warranto. 15 
 L.R.A. (N.S.) 603. 
 
 6. Right to jury in. 
 
 Right to jury in quo warranto proceedings. 
 24 L.R.A. 806; 24 L.R.A. (N.S.) 639. 
 
 R 
 
 RACCOON. 
 
 Liability for injury by. 52 L.R.A. (N.S.) 
 379. 
 
 RACE. 
 
 1. Division of mankind. 
 
 Civil rights of different races, see CIVIL 
 RIGHTS. 
 
 See also INDIANS; NEGROES; RACE SEGRE- 
 GATION. 
 
 RACE cont'd 
 
 Validity and enforceability of contract or 
 covenant in relation to real property 
 which discriminates against persons be- 
 cause of race. L.R.A.1916B, 1208. 
 
 Of delinquent fellow servant as tending to 
 show negligence of master. 48 L.R.A. 
 379. 
 
 2. Contest or game. 
 
 Horse race, see HORSE RACE. 
 
 Illegal intent of prosecutor as affecting 
 guilt of obtaining property by fake 
 race. 17 L.R.A. (N.S.) 27Cl 
 
 Begin \vith. this boofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1131 
 
 RACE cont'd 
 
 Larceny by fraudulent race or game. 1 
 L.R.A.(N.S.) 862; 20 L.R.A. (}s.S.) 
 1164; 42 L.R.A.(N.S.) 735. 
 
 Intention to participate in fraudulent race 
 as ail'ecting right of one who was him- 
 self defrauded. 5 L.R.A.(N.S.) 906. 
 
 Municipal liability for failure to prevent. ' 
 23 L.R.A.(N.S.) 641; 42 L.R.A.(N.S.) 
 862. 
 
 3. Mill race. 
 
 Passing of, by grant of water power. 67 
 L.U.A. 38U. 
 
 Creation of easement to use of mill race 
 by conveyance of mill. 26 L.R.A. (X.S.) 
 359; L.R.A.1915C, 352. 
 
 Duty to maintain bridge over race way in- 
 tersecting highway. 31 L.R.A. (N.S.) 
 243.' 
 
 BAGS. 
 
 Power to regulate traffic in. 24 L.R.A. (N.S.) 
 1168. 
 
 RACE PREJUDICE. 
 
 Libel or slander where "sting" is due to 
 race prejudice or antagonism. L.R.A. 
 1916E, 679. 
 
 RACE SEGREGATION. 
 
 Separation of white or colored passengers, 
 see CARRIERS, 43. 
 
 Validity of segregation statute or ordinance 
 prohibiting persons of different race or 
 color from living in same locality. 47 
 L.R.A. (N.S.) 1087; L.R.A.1915D, 684; 
 L.R.A.1918C, 220. 
 
 RACE WAY. 
 
 See RACE, 3. 
 
 RADIATORS. 
 
 As part of realty. 1 B. R. C. 972. 
 
 RAFTS. 
 
 Right to use stream for rafting logs, see 
 LOGS AND LOGGING, 4-10. 
 
 RAFTSMEN. 
 
 Right of third persons claiming under rafts- 
 men to assert title as against owner. 
 25 L.R.A.(N.S.) 781. 
 
 Consult also L.R.A. Digests of Cases. 
 
 RAILING. 
 
 At dangerous places in highway, see HIGH- 
 WAYS, 73. 
 
 RAILROAD AID. 
 
 In general, see RAILROADS, 26. 
 
 Bonds for, see BONDS, 20. 
 
 Grant of land for, see PUBLIC LANDS, 6. 
 
 RAILROAD-AID GRANT. 
 
 See PUBLIC LANDS, 5. 
 
 + * 
 
 See CARS. 
 
 RAILROAD CARS. 
 
 *-- 
 
 RAILROAD COMMISSIONERS. 
 
 See PUBLIC SERVICE COMMISSION. 
 
 RAILROAD HAZARD. 
 
 What is within statutes abolishing fellow- 
 servant rule. ' 38 L.R.A. (N.S.) 478; 
 22 L.R.A. (N.S.) 969; 47 L.R.A. (N.S.) 
 113. 
 
 RAILROAD RELIEF ASSOCIATION. 
 
 See RELIEF ASSOCIATIONS. 
 
 RAILROADS. 
 
 I. In general, 1, 2. 
 II. Franchises and charter rights; 
 powers generally; motive power, 
 3-5. 
 III. Lease; license; consolidation, 
 
 6-11. 
 IV. Property; right of way; liens; 
 
 mortgages; taxes, 12-22. 
 V. Location; relocation, 23. 
 VI. Construction, maintenance, and 
 equipment, 24-42. 
 
 a. In general, 24, 25. 
 
 b. Aid in construction, 26. 
 
 c. Depots and stations; bridges, 
 
 27, 28.
 
 1132 
 
 INDEX TO L.R.A. NOTES. 
 
 RAILROADS, VI. cont'd 
 
 d. Crossings; cattle guards, 
 
 31-34. 
 
 e. Sidings, spur tradfs, and 
 
 lateral roads, 35, 36. 
 
 f. Fences,- gates, 37-4=1. 
 
 g. Diversion or obstruction of 
 
 water, 42. 
 VII. Operation, 43-87. 
 
 a. Duty and liability of rail- 
 road company, 43- 
 78. 
 
 1. In general, 43-45. 
 
 2. Liability generally, 
 
 46-5O. 
 
 3. Liability for injuries to 
 
 children, 31. 
 
 4. Injuries to persons on or 
 
 near trade, 52-57. 
 
 6. Accidents at 
 
 58-', 
 
 crossing, 
 O. 
 
 (a) In general, 58- 
 
 65. 
 
 (b) Signals, 66- 
 
 69. 
 
 (c) Flagmen; safety 
 
 gates, 7O. 
 
 6. Speed, 71, 72. 
 
 7. Injuries to animals, 
 
 73-76. 
 
 8. Fires, 77, 78. 
 
 b. Contributory negligence, 
 79-86. 
 
 1. In general, 79. 
 
 2. Persons on or near 
 
 trade, 80. 
 
 3. At crossing, 81-84. 
 3 2 Injuries to minors, 
 
 84a. 
 
 4. Injuries to animals, $ 
 
 85. 
 
 5. As to fires, 86. 
 
 C. Criminal liability of third 
 persons for obstructing 
 track, 87. 
 
 I. In general. 
 
 1. Generally. 
 
 Electric railways, see ELECTRIC RAILWAYS. 
 
 Elevated railroads, see ELEVATED RAIL- 
 ROADS. 
 
 Interurban railroads, see INTERURBAN RAIL- 
 ROADS. 
 
 Private railroads, see PRIVATE RAILROADS. 
 
 Street railways, see STREET RAILWAYS. 
 
 Terminal railways, see TERMINAL RAIL- 
 WAYS. 
 
 As common carrier, see CARRIERS. 
 
 Compulsory connection with sidetracks, see 
 CARRIERS, 149. 
 
 Delegation of power as to, see CONSTITU- 
 TIONAL LAW, 17. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 142. 
 
 Validity of contracts with railroad com- 
 pany, see CONTRACTS, 95. 
 
 Exercise of power of eminent domain by, 
 see EMINENT DOMAIN. 
 
 Taking railroad property for other public 
 purpose, see EMINENT DOMAIN, 8. 
 
 RAILROADS, I cont'd 
 
 Injunction against, see INJUNCTION, 
 
 67. 
 Laying out highway across, see HIGHWAYS, 
 
 Use and obstruction of highway by, see 
 HIGHWAYS, IV. e. 
 
 Lighting of streets and bridges by railroad 
 company, see HIGHWAYS, 55. 
 
 Liability for injury by defective condition 
 of highway crossing, see HIGHWAYS, 
 88. 
 
 Municipal liability for injury by acts or 
 omissions of railroad company, see 
 HIGHWAYS, 6.3. 
 
 Income of railroad company, see INCOME, 
 4. 
 
 Mandamus against railroad company, see 
 MANDAMUS, 15. 
 
 Employees of, generally, see MASTER AND 
 SERVANT. 
 
 Fellow servants of employees of, see MAS- 
 TER AND SERVANT, III. d. 
 
 Unlawful combination of, see MONOPOLY 
 AND COMBINATIONS. 7. 
 
 Liability for nuisance, see NUISANCES, 
 19. 
 
 Railroad commission, see RAILROAD COM- 
 MISSION. 
 
 Receiver for, generally, see RECEIVERS. 
 
 Liability of receiver, see RECEIVERS, 15- 
 21. 
 
 Service of process on, see WRIT AND PROC- 
 ESS, II. c. 
 
 Authority of officer or agent of railway com- 
 pany to contract for services of other 
 persons. L.R.A.191SF, 60-65. 
 
 Right to place on private right of. way. 
 L.R.A.1918A, 263. 
 
 Temporary railroad as violation of cove- 
 nant against offensive trade or busi- 
 ness. 9 L.R.A.(N.S.) 1039. 
 
 L"se for railroad purposes of squares, parks 
 or commons as a diversion. 25 L.R.A. 
 (N.S.) 980; 50 L.R.A.(N.S.) 465. 
 
 Right of railroad, constructively liable for 
 tort, to contribution or indemnity from 
 one actually responsible for its commis- 
 sion. 40 L'.R.A.(N.S.) 1149. 
 
 Railroad policemen as public officers. 36 
 L.R.A. (N.S.) 882. 
 
 Street or interurban railway as within 
 statute abrogating fellow-servant rule. 
 17 L.R.A.(N.S.) 117. 
 
 Constitutionality of statute imposing pen- 
 alty or added liability for failure to 
 pay claim. 42 L.R.A. (N.S.) 102; 
 L.R.A.1917B, 929. 
 
 Requiring connection or joint use of prop- 
 erties of railroad companies as a tak- 
 ing for which compensation must be 
 made. 50 L.R.A.(N.S.) 652; L.R.A. 
 1916E, 759; L.R.A.1917E, 1083. 
 
 Full crew acts. 49 L.R.A. (N.S.) 977. 
 
 Existence of railroad right of way across 
 land at time of conveyance as broach 
 of covenants. 48 L.R.A.(N.S.) 619. 
 
 Right of owner or lessee of mineral in place 
 to use surface for construction of rail- 
 roads or tramways. 48 L.R.A. (N.S.) 
 886. 
 
 Begin u-ith this book on every laic question.
 
 INDEX TO L.E.A. NOTES. 
 
 1133 
 
 RAILROADS, I. cont'd 
 2. Foreign companies. 
 
 Service of process on, see WRIT AND PROC- 
 ESS, II. c. 2. 
 
 Right of foreign railroad companies in 
 state. 24 L.R.A. 313. 
 
 Locality of jurisdiction of state court in 
 counties in which foreign railroads ex- 
 tend. 70 L.R.A. 696. 
 
 II. Franchises and charter rights; 
 pou-ertt generally; motive power. 
 
 3. Generally. 
 
 Franchise for railroad in street, see HIGH- 
 WAYS, 26-32. 
 
 Treatment of franchises in valuation of 
 property of. 48 L.R.A. (N.S.) 1063. 
 
 Nature of railroad franchise. 66 L.R.A. 36. 
 
 What is within charter power to build lat- 
 eral railroad. 12 L.R.A. (N.S.) 326. 
 
 Privilege of using street as a contract with- 
 in constitutional provision against im- 
 . pairing obligation of contracts. 50 
 L.R.A. 143. ; 
 
 4. Powers of, generally. 
 
 Right of railroad company to challenge 
 powers or privileges of rival. L.R.A. 
 19 J 613, 1087. 
 
 Right of railroad company to guarantee the 
 securities of another railroad company. 
 L.R.A.1918D, 175. 
 
 Implied power of railroad to engage in or 
 guarantee enterprise other than trans- 
 portation of goods or passengers. 2 
 L.R.A. (N.S.) 887; 38 L.R.A. (N.S.) 
 830. 
 
 Right of railroad to contract for the use of 
 its cars for advertising purposes. 24 
 L.R.A. (N.S.) 1010. 
 
 5. Motive power. 
 
 What motive power may be used. 2 L.R.A. 
 (N.S.) 138. 
 
 ///. Lease; license; consolidation. 
 
 6. Lease. 
 
 Lease of parallel or competing railroads. 
 
 45 L.R.A. 274. 
 Service of process on servant or agent of 
 
 lessee. 4 L.R.A. (N.S.) 272. 
 
 7. liability of parties to. 
 
 Liability of lessor of railroad for injuries 
 caused by negligence of lessee. 44 
 L.R.A. 737; L.R.A.1918E, 255. 
 
 Duty of lessee of railroad as to condition 
 of track. 6 L.R.A. (N.S.) 787. 
 
 Liability of railroad lessee to its servant 
 for'condition of track. 6 L.R.A. (N.S.) 
 787. 
 
 Duty of lessee as to railroad fences. L.R.A. 
 1917A, 539. 
 
 Consult also L.R.A. Digests of Cases. 
 
 RAILROADS, III. cont'd 
 8. Liability in case of license or com- 
 mon use of property. 
 
 Liability of railroad for injuries caused by 
 * negligence of another company 
 using the road under a license or ~ 
 other contract. L.R.A.1918E, 255. 
 Injuries to passengers. 44 L.R.A. 737; 
 36 L.R.A. (N.S.) 887; L.R.A.1918E, 
 257. 
 
 Liability of licensee to its servant for con- 
 dition of track. 6 L.R.A. (N.S.) 787. 
 Duty of licensee as to railroad fences. 
 
 *L.R.A.1917A, 539. 
 
 Liability to servants where two or more 
 railway companies use same tracks or 
 station grounds. 46 L.R.A. 102. , 
 
 Liability of railroad company for negli- 
 gence of an employee while running on 
 the road of another company, subject 
 to the order of the latter's train des- 
 patcher. 22 L.R.A. (N.S.) 323. 
 Liability of railroad for fires set out by 
 engines of other company permitted to 
 use its road. 10 L.R.A. (N.S.) 1175; 
 L.R.A.1918A, 940. 
 
 9. Combinations;- consolidation. 
 
 Authority of railroads to consolidate. 5 
 L.R.A. 726.* 
 
 g 10. restrictions on right. 
 
 Restrictions on consolidation of parallel or 
 competing railroads. 45 L.R.A. 
 271. 
 
 11. liability in case of. 
 
 Liability of consolidated company for debts 
 of its predecessor. 23 L.R.A. 231. 
 
 Liability of lessor of railroad for injuries 
 by negligence of another company using 
 road under ineffectual attempt to con- 
 solidate. 44 L.R.A. 753. 
 
 Liability of one railroad corporation pos- 
 sessing stock control of another for 
 acts and contracts of the latter. 35 
 L.R.A. (N.S.) 770. 
 
 IV. Property; right of ivay ; liens; 
 mortgages; taxes. 
 
 12. Property generally. 
 
 Valuation of property of, see PUBLIC SERV- 
 ICE CORPORATIONS, 5. 
 
 Effect of language in deed indicating that 
 land is to be used for railroad pur- 
 poses. 19 L.R.A. 266; L.R.A.1918B, 
 700. 
 
 Appurtenances to railroads. 15 L.R.A. 653. 
 
 Right of foreign corporations to own land 
 in state. 24 L.R.A. 326. 
 
 Location of railroad property as affecting 
 insurance thereon. 26 L.R.A. 242. 
 
 Right to dower in lands purchased by rail- 
 road company. 29 L.R.A. (N.S.) 726. 
 
 X 
 
 13. Nature of railroad property. 
 
 Nature of railroad, whether real estate or 
 personal property. 66 L.R.A. 33.
 
 1134 
 
 INDEX TO L.R.A. NOTES. 
 
 RAILROADS, IV. cont'd 
 
 14. Sale or transfer of property. 
 
 Validity of sale of real estate by railroad 
 corporation. 25 L.R.A. 139." 
 
 Injunction against execution sale of prop- 
 erty of. 30 L.R.A. 104. 
 
 Attachment or garnishment of foreign rail- 
 road cars. 64 L.R.A. 501; L.R.A.1915D, 
 838. 
 
 Preliminary injunction which would have 
 effect of transferring possession of 
 property from one to another of two 
 companies contesting right to property. 
 39 L.R.A.(N.S.) 33. 
 
 15. Right of way. 
 
 . For siding or spur track, see infra. 36. 
 
 Taking lands of, under power of eminent do- 
 main, see EMINENT DOMAIN. 
 
 As additional burden upon easement, and 
 injury to property abutting on high- 
 way, * see EMINENT DOMAIN. 
 
 Adverse possession of right of way, see AD- 
 VERSE POSSESSION, 11. 
 
 Use and obstruction of highway by railroad, 
 see HIGHWAYS, 26-32. 
 
 Rights and liabilities as against abutting 
 owner where railroad constructed in 
 highway, see HIGHWAYS, 27. 
 
 Liability for improvement assessment, see 
 PUBLIC IMPROVEMENTS, 21. 
 
 Pass issued as part of consideration for 
 right of way as within statute prohibit-' 
 ing free transportation of passengers or 
 discrimination in passenger rates. 
 L.R.A.1918B, 1117. 
 
 Partition of. 39 L.R.A. (N.S.) 538. 
 
 Adverse possession of. 2 L.R.A. (N.S.) 272. 
 
 Condemnation or grant of land for right of 
 way as carrying right to lateral and 
 subjacent support. 32 L.R.A. (N.S.) 
 155. 
 
 Right of reversion on abandonment of road 
 deeded to railroad companv. 1 L.R.A. 
 (N.S.) 806. 
 
 Acquisition of prescriptive right of way 
 across. 35 L.R.A. ( N.S. ) 190 ; 48 L.R.A. 
 (N.S.) 903. 
 
 Contract exempting railroad company from 
 liability for burning building placed 
 upon its right of way under lease or by 
 permission of companv. 44 L.R.A. 
 (N.S.) 1127. 
 
 Liability of railroad company to one other 
 than an employee, injured be- 
 cause of defects in track or road- 
 bed, while walking along track. 
 L.R.A.1916E, 461. 
 
 16. how obtained. 
 
 Acquisition of right of way by exercise of 
 eminent domain, see EMINENT DO- 
 MAIN. 
 
 17. uses to which right of way 
 may be devoted. 
 
 Telegraph right of way, see TELEGRAPHS, 
 2. 
 
 General principles. 36 L.R.A. (N.S.) 513. 
 Particular uses. 36 L.R.A.(N.S.) 516. 
 
 Begin ivith this feoofc on every law question. 
 
 RAILROADS, IV. cont'd 
 
 English cases. 36 L.R.A. (N.S.) 521. 
 
 Power to authorize construction of tele- 
 graph or telephone line along railroad 
 right of way without compensation to 
 railroad company. 29 L.R.A. (N.S.) 703. 
 
 Right to carry wires across railroad. 
 L.R.A,.1915B, 823. 
 
 Measure of damages for right of way for 
 telegraph or telephone line on railroad 
 right of way. 26 L.R.A. (N.S.) 191; 
 L.R.A.1916E, 582. 
 
 18. as encumbrance. 
 
 Effect? of purchaser's knowledge of railroad 
 right of way in action for breach ol 
 covenant against encumbrances. 4 
 L.R.A. (N.S.) 318. 
 
 Railroad right of way across land at time 
 of conveyance as breach of covenant. 
 30 L.R.A.(N.S.) 843. 
 
 19. 'Liens. 
 
 Food furnished contractor for employees 
 and teams as material giving lien on 
 railroad. 35 L.R.A. (N.S.) 509. 
 
 Vendor's lien for purchase price of rail- 
 road rails. 66 L.R.A. 44. 
 
 Priority of claims against property of, in 
 hands of receiver over recorded liens. 
 2 L.R.A.(N.S.) 1015. 
 
 20. Mortgage. 
 
 Effect of, on rails and other permanent fix- 
 tures annexed after execution. 66 
 L.R.A. 44. 
 
 Jurisdiction to order foreclosure sale in dif- 
 ferent states. 32 L.R.A. 208 : 69 L.R.A. 
 682. 
 
 21. Taxes. 
 
 Nature of property for purpose of. 15 
 L.R.A. 298; 66 L.R.A. 51. 
 
 Franchise tax on, as interference with Fed- 
 eral agency. 57 L.R.A. 55. 
 
 Effect of commerce clause of Federal Con- 
 stitution. 60 L.R.A. 687. 
 
 Taxation of receipts of railroad company. 
 57 L.R.A. 64. 
 
 Situs of railroad rolling stock for purposes 
 of taxation. 69 L.R.A. 445. 
 
 Principal office of, as domicil for tax pur- 
 poses. 69 L.R.A. 436. 
 
 22. Assessments for local improve- 
 ments. 
 
 See PUBLIC IMPROVEMENTS, 21. 
 
 V. Location; relocation. 
 
 23. Generally. 
 
 Validity of contract made to influence loca- 
 tion of railroad. 21 L.R.A. (N.S.) 800. 
 
 Validity of contract to pay an officer of a 
 railroad company for his own benefit, 
 conditioned on specified location of the 
 road. 6 L.R.A. (N.S.) 524; 25 L.R.A. 
 (N.S.) 967. 
 
 Right to relocate railroad. 36 L.R.A. 510.
 
 INDEX TO L.R.A. NOTES. 
 
 1135 
 
 RAILROADS cont'd 
 
 VI. Construction, maintenance, and 
 equipment. 
 
 a. In general. 
 
 24, Generally. 
 
 Condition for construction within specified 
 time, see CONDITIONS, 9. 
 
 Validity of contract which contemplates 
 the turning over by a railroad company 
 to a construction company of bonds 
 and stocks of the former of a par value 
 in excess of the cost of construction. 13 
 L.R.A.(N.S.) 191. 
 
 Prescriptive right to maintain. 53 L.R:A. 
 900. 
 
 Specific performance of agreement for main- 
 tenance of railroad on land. 49 L.R.A. 
 518. 
 
 Right of state to require railroad company 
 to equip its road. 13 L.R.A. (N.S.) 
 320. 
 
 Compelling completion of road. 24 L.R.A. 
 .~>t>6 ; L.R.A.1918E, 321. 
 
 Allowance of interest on damages to prop- 
 erty from negligent construction of 
 railroads. 38 L.R.A. 454. 
 
 Duty of railroad company in respect to a 
 restored or substituted highway. 
 L.R.A.1917C, 971. 
 
 25. Injury to property; interference 
 with rights of others. 
 
 Measure of damages for, see DAMAGES, III. 
 
 q- 
 
 Right to compensation for, see EMINENT 
 DOMAIN. 49, 50. 
 
 Liability of successor of railroad company 
 for damages to abutting property from 
 construction of road in street. L.R.A. 
 1915D, 397. 
 
 Injuries to land from blasting in course of 
 railway construction. 17 L.R.A. 221. 
 
 Right of railroad company to cut off access 
 by owner of upland to navigable water. 
 40 L.R.A. 604. 
 
 Statutory authority to commit nuisance by 
 construction or operation of. 70 L.R.A. 
 585. 
 
 Liability of railroad company in construct- 
 ing its roadway, for removal of lateral 
 support ' to adjoining property. 21 
 L.R.A.(N.S.) 318; L.R.A.1918D, 714. 
 
 Right to cut wires crossing tracks. 35 
 L.R.A. (N.S.) 1212. 
 
 b. Aid in construction. 
 
 26. Generally. 
 
 Railroad aid bonds, see BONDS, 20. 
 Grant of public land to, see PUBLIC LANDS, 
 5. 
 
 Aid with public money. 14 L.R.A. 479. 
 Power of municipality to assume part or all 
 
 of burden of adapting street or bridges 
 
 for use of railroads. 50 L.R.A. (N.S.) 
 
 143. 
 Statutes legalizing invalid subscriptions to. 
 
 27 L.R.A. 696. 
 Consult also L.R.A, Digests of Cases. 
 
 RAILROADS, VI. b cont'd 
 
 Delegation of municipal power as to rail- 
 road grants. 20 L.R.A. 720. 
 
 Power of legislature to authorize counties 
 or other political divisions to build, 
 purchase, or operate railroad or street 
 railway, as afl'ected by restrictions on 
 power to aid private enterprises. 28 
 L.R.A. (N.S.) 4] 2. 
 
 Construction of grants to railroad com- 
 panies as to percolating water. 19 
 L.R.A. 99. 
 
 Combining in single question to voters of 
 municipality the 'object of granting aid 
 to railroads. 26 L.R.A. (N.S.) 669. 
 
 c. Depots and stations; bridges. 
 
 27. Depots and stations. 
 
 Duty of carrier toward passenger in rela- 
 tion to station, see CARRIERS, 45, 46, 
 48, 70, 71, 94. 
 
 Governmental regulations as to stations, see 
 CARRIERS, " 161, 162. 
 
 Specific performance of contract as to, see 
 SPECIFIC PERFORMANCE, 10. 
 
 Duty of railroad company to one who goes 
 upon station premises to transact busi- 
 ness with third person. L.R.A. 1916A, 
 516. 
 
 Duty of railroad company to one who goes 
 on station grounds for purpose of mail- 
 ing letters on mail train. 24 L.R.A. 
 (N.S.) 535. 
 
 Validity of contract by railroad company 
 to establish and maintain station. 15 
 L.R.A. (N.S.) 594. 
 
 Validity of contract to pay an officer of a 
 railroad company for his own benefit 
 conditioned on specified location of 
 depot. 6 L.R.A. (N.S.) 524; 25 L.R.A. 
 (N.S.) 967. 
 
 Specific performance of contract to estab- 
 lish or maintain station. 16 L.R.A. 
 (N.S.) 307. 
 
 28. Bridges. 
 
 Duty to construct bridges at its own ex- 
 pense over public drainage ditches. 31 
 L.R.A. (N.S.) 1118; L.R.A.1915B, 486. 
 
 Obstruction of waters of stream by railroad 
 bridge. 59 L.R.A. 863. 
 
 Power of municipality to assume part or 
 all of burden of adapting bridges for 
 use of railroads. 50 L.R.A. (N.S.) 143. 
 
 d. Crossings; cattle guards. 
 
 29. Crossing by other railroad or 
 street railroad. 
 
 Right to carry wires across railroad. 
 L.R.A.1915B, 823. 
 
 Delegation by legislature to railroad com- 
 mission of power as to track connec- 
 tions and crossings. 32 L.R.A. (N.S.) 
 654. 
 
 Right of railroad company to compensation 
 for laying street railway across its 
 track on a street crossing. 29 L.R.A. 
 485.
 
 1136 
 
 INDEX TO L.R.A. NOTES. 
 
 RAILROADS, VI. d cont'd 
 
 Right of railroad company to compensation 
 for the crossing of its track where it 
 intersects a street or highway by an 
 electric road. 13 L.R.A.(N.S.) '916; 
 L.R.A.1915D, 843. 
 
 30. Private crossings. 
 
 Parol agreement to construct private way 
 
 across railroad. 17 L.R.A. (N.S.) 702; 
 
 24 L.R.A.(N.S.) 375. 
 General nature of duty owed by railroad 
 
 company to one permitted by it to use 
 
 private crossing constructed by it. 7 
 
 L.R.A. (N.S.) 597. 
 Lands for benefit of which statute requires 
 
 construction of private crossing. 
 
 L.R.A.1917D, 909. 
 
 31. Highway crossings. 
 
 Accidents at, see infra, 58-70. 
 
 Contributory negligence at crossing, see 
 infra, 81-84. 
 
 Requirements at crossings, see HIGHWAYS, 
 30, 3]. 
 
 Power Qf municipality to change grade of 
 railroad, see HIGHWAYS, 31. 
 
 Obstruction of crossings by trains, see 
 HIGHWAYS, 32. 
 
 Liability for dangerous or defective condi- 
 tion of crossing, see HIGHWAYS, 88. 
 
 Power to lay out streets or highways across 
 railway property or right of way. 24 
 L.R.A/(N.S.) 12] 3. 
 
 Power to compel railroad to establish or 
 maintain at its own expense an over- 
 head or underground highway crossing. 
 28 L.R.A. (N.S.) 298; L.R.AJ915E, 751. 
 
 Power to require railroad to construct side- 
 walk across its tracks or right of way. 
 . L.R.A.1918D, 1157. 
 
 Duty of railroad to conform crossing to 
 change of grade of street. L.R.A. 
 1915B, 766. 
 
 Liability of railroad company to abutting 
 owner for damages from change of 
 grade of highway necessarv to carry it 
 across tracks. '26 L.R.A."(N.S.) 226; 
 L.R.A.1916D, 1078. 
 
 Necessity of making compensation, and 
 measure thereof, upon laying of street 
 across railway property. 24 L.R.A. 
 (N.S.) 1226. 
 
 Compensation for construction and main- 
 tenance of crossing and safeguards as 
 element of damages for laying out 
 street across railway property. 24 
 L.R.A. (N.S.) 1232. 
 
 32. abolishing grade crossing. 
 
 Liability for cost of changing grade of street 
 to prevent the crossing of a rail- 
 road at grade. 26 L.R.A. 92. 
 Power to compel railroad to establish or 
 maintain at its own expense overhead 
 or underground crossing, as affected by 
 the fact that the street or highway is 
 opened subsequently to construction of 
 the railroad. 28 L.R.A.(N.S.) 298. 
 
 RAILROADS, VI. d cont'd 
 
 33. safety gates and flagmen. 
 
 Duty and liability as to, see infra, 70. 
 
 Power of municipality to require safety 
 
 gates at crossing. *3 L.R.A. (N.S.) 141; 
 
 45 L.R.A. (N.S.) 946. 
 Delegation of power to make regulations as 
 
 to safety gates and flagman. 32 L.R.A. 
 
 (N.S.) 646. 
 Compensation for maintaining flagmen, as 
 
 element of damages for laying out 
 
 street across railway propertv. 24 
 
 L.R.A. (N.S.) 1235. 
 
 34. Cattle guards. 
 
 Duty of railroad company to keep cattle 
 guards in condition. 36 L.R.A. (N.S.) 
 997; L.R.A.1915B, 134. 
 
 Constitutionality of statute requiring rail- 
 road company to build. 31 L.R.A. 
 (N.S.) 801. 
 
 Constitutionality of statutes excluding de- 
 fense of contributory negligence and 
 assumption of risk on failure to build. 
 31 L.R.A. (N.S.) 867. 
 
 Effect of contributory negligence of owner 
 of stock getting on track through de- 
 fects in. 36 L.R.A. (N.S.) 100. 
 
 Compensation for making, as element of 
 damages for laying out street across 
 railway property. 24 L.R.A. (N.S. ) 
 1234. 
 
 Private action for violation of statute as 
 to building and maintenance of cattle 
 guards. L.R.A. 1915E, 539. 
 
 Liability for damage by trespassing cattle 
 which enter upon railroad property be- 
 cause of absence of, or defective condi- 
 tion of cattle-guards, and thence wan- 
 der to adjoining property. 43 L.R.A. 
 (N.S.) 447; L.R.A.1916E/44S. 
 
 e. Sidings, spur trades, and lateral 
 roads. 
 
 35. Generally. 
 
 Power to compel road to build or maintain 
 
 or connect with sidetracks for accommo- 
 
 dation of shippers. 28 L.R.A. (N.S.) 
 
 1013; L.R.A.1915E, 682; L.R.A.1918B, 
 
 795. 
 Power of municipality to compel removal of 
 
 spur track, turnout, or switch from 
 
 street or highway. L.R.A. 1918B, 481. 
 Presumption of statutory authority of rail- 
 
 road to commit nuisance by maintain- 
 
 ing. 70 L.R.A. 589. 
 Validity, as affected by public policy, of 
 
 contract to maintain private sidings. 
 
 17 L.R.A. (N.S.) 130. 
 What is within charter power to build 
 
 lateral railroad. 12 L.R.A. (N.S.) 326. 
 Liability of railroad to servants of persons 
 
 upon whose premises it operates a spur 
 
 track. 46 L.R.A. 100. 
 
 Begin u-ith this boo7r on every law question. 
 
 36. Right of way for. 
 
 Condemnation of land for, see 
 MAIN, 22. 
 
 DO-
 
 INDEX TO L.R.A. NOTES. 
 
 113; 
 
 RAILORADS, VI. e cont'd 
 
 Right of railroad company to condemn 
 right of way over or across tracks of 
 another company for a spur track to 
 private establishments. 5 L.R.A. (N.S.) 
 512. % 
 
 /. Fences; gates. 
 
 g 37. Fences. 
 
 Injury to animals due to lack of or de- 
 fects in, see infra, 75. 
 
 Effect of lease or other contract on failure 
 
 of duty to fence. 44 L.R.A. 755. 
 Duty of lessee or licensee as to railroad 
 
 'fences. L.R.A.1917A, 539. 
 Measure of care of railroad company to Liability 
 
 maintain fence once constructed. 11 
 
 L.R.A. (X.S.) 228. 
 Private action for violation of statutory 
 
 duty to fence right of way. 9 L.R.A. 
 
 (X.S.) 347. 
 Private action for violation of statutory 
 
 duty to fence risjht of wav. 9 L.R.A. 
 
 RAILROADS, VI. f cont'd 
 41. Gates. 
 
 Safety gates at crossing, see supra, 33. 
 
 Duty to keep gates in railroad fence closed. 
 49 L.R.A. 625. 
 
 g. Diversion or obstruction of "water. 
 
 (X.S.) 347: L.R.A.1915E, 530. 
 Liability for 'damage by trespassing cattle 
 which enter upon railroad right of way 
 and thence wander to adjoining prop- 
 erty. 43 L.R.A. (N.S.) 447; L.R.A. 
 1016E, 448. 
 
 38. constitutionality of statute re- 
 quiring fence. 
 
 Dutv implied, though not expressly im- 
 
 'pos^d. 3 ] L.R.A. (N.S.) 8C2. 
 Constitutionality of penalties. 31 L.R.A. 
 
 ( X.S. )" 863. 
 Impairing obligation of contract. 31 L.R.A. 
 
 (X.S.) 866. 
 Necessity of uniformity of requirements as 
 
 to fencing. 31 L.R.A. (X.S.) 867. 
 Delegability of power to compel railroads 
 
 to fence. 31 L.R.A. (X.S.) 867. 
 Excluding defense of contributory negligence 
 
 and assumption of risk. 31 L.R.A. 
 
 (X.S.) 867. 
 Constitutionality of statutes relating to 
 
 fixing value of stock killed on unfenced 
 
 road. 31 L.R.A. (N.S.) 867. 
 Constitutionality of statute making failure 
 
 to fence evidence of negligence. 31 
 
 L.R.A. (N.S.) 867. 
 
 39. toward whom duty owed. 
 
 Duty of railroad company to fence tracks 
 
 'against persons. 30 L.R.A. (N.S.) 1197. 
 Duty to fence against children. 25 L.R.A. 
 
 784; 36 L.R.A. (N.S.) 1103. 
 Obligation of railroad company to employees 
 
 as to fencing track. 25 L.R.A. 320; 
 
 L.R.A.1916E, 207. 
 
 40. at what place. 
 
 What are depot grounds within the mean- 
 ing of fence laws. 7 L.R.A. (N.S.) 
 203. 
 
 Duty of railroad company to fence right of 
 way within limits of city, town, or vil- 
 lage. 27 L.R.A. (N.S.) 796. 
 
 Duty of railroad, to fence as requiring bar- 
 rier across culvert or under bridge. 5 
 B. R. C. 182. 
 
 Consult also L.R.A. Jtiyettts of Cases. 72 
 
 42. Generally. 
 
 Obstruction of waters of stream by railroad 
 bridge. 59 L.R.A. 863. 
 
 Railroad causing overflow or accumulation, 
 as a nuisance. 32 L.R.A. (X.S.) 376. 
 
 Presumption as to statutory authority to 
 commit nuisance by obstruction of 
 water by railroads. *70 L.R.A. 586. 
 
 for injury by damming back 
 water of stream. 59 L.R.A. 853. 
 
 Right of railroad to divert water from non- 
 tidal stream without compensation to- 
 riparian owner. 37 L.R.A. (N.S.) 311. 
 
 Liability of railroad for conducting surface 
 water through its embankments and 
 onto the property of an adjoining own- 
 er. 32 L.R.A. (N.S.) 680. 
 
 Necessity of notice to purchasing railroad 
 company to construct culverts where 
 road was originally constructed with- 
 out them. 12 L.R.A. (X.S.) 571. 
 
 Private action for violation of statute re- 
 quiring construction of culverts. 
 L.R.A. 1915E, 539. 
 
 Duty as to protection of banks of changed 
 'water course. L.R.A.1916F, ]302. 
 
 Duty of owner or tdnant to protect crops 
 from backAvater caused by obstruction 
 of water by railroad company. 49 
 L.R.A. (X.S.) 760. 
 
 VII. Operation. 
 
 a. Duty and liability of railroad com- 
 pany. 
 
 1. In general. 
 
 43. Generally. 
 
 Power of employee to employ physician for 
 injured person, see MASTER AND SERV- 
 AXT, 18, ]8a. 
 
 Injury to employees, see MASTER AND SERV- 
 AXT, III. 
 
 Question for jury as to negligence of rail- 
 road company, see TRIAL, 43. 
 
 Right to enforce by mandamus duty of rail- 
 road company arising wholly from con- 
 tract. 13 L.R.A. (X.S.) 3084. 
 
 Right as riparian owner to take water from 
 stream for its engines. 31 L.R.A. (X.S.) 
 543. 
 
 44. Abandonment; compelling oper- 
 ation. 
 
 Right of railroad to abandon operation of 
 its road. L.R.A.1915A, 549. 
 
 Compelling operation of; compelling in- 
 creased facilities: compelling comple- 
 tion of road. 24 L.R.A. 564. 
 
 Consideration of entire return of railroad 
 company in passing upon its duty to 
 operate a branch line at a loss. L.R.A. 
 1917F, 1193.
 
 1138 
 
 INDEX TO L.R.A. NOTES. 
 
 RAILROADS, VII. a, 1 cont'd 
 45, lighting tracks. 
 
 Compelling roads to light their tracks in 
 
 city. 41 L.R.A. 422. 
 Power to compel railroad companies to light 
 
 their tracks in cities. 19 L.R.A. (N.S.) 
 
 658. 
 
 2. Liability, generally. 
 
 46. Generally. 
 
 In case of consolidation, see supra, 11. 
 Liability for injury by frightening horse, see 
 
 HOUSES, 30. 
 Liability for injuries to employees, see 
 
 MASTER AND SERVANT, III. 
 Liability for acts of servant, see MASTER 
 
 AND SERVANT, IV. 
 Liability for injury to servants of third 
 
 persons, see MASTER AND SERVANT, 
 
 200-202. 
 As to "last clear chance," see NEGLIGENCE, 
 
 50-52. 
 Proximate cause of injury, see PROXIMATE 
 
 CAUSE, 11, 12. 
 
 For general questions of negligence and con- 
 tributory negligence, see NEGLIGENCE. 
 
 Liability of proprietor of logging railroad, 
 or other railroad used for private pur- 
 pose, for injuries sustained by one oth- 
 er than an employee, while being carried 
 thereon. 12 L.R.A. (N.S.) 131; 22 
 L.R.A.(N.S.) 190. 
 
 Duty to protect one other than employee 
 from injury by movement of cars or 
 tra ; ns while loading or unloading 
 freight or express. 31 L.R.A. (N.S.) 
 960; L.R.A.1915F, 866. 
 
 Liability of railroad company for injury to 
 persons other than employees caused by 
 defectively loaded cars. 26 L.R.A. (N.S.) 
 204. 
 
 Duty of railroad company to one who goes 
 upon station premises to transact busi- 
 ness with third person. L.R.A.1916A, 
 516. 
 
 Liability for injury to person in building 
 upon right of way. 50 L.R.A. (N.S.) 
 1191. 
 
 Liability for creating nuisance. 70 L.R.A. 
 579; 1 L.R.A.(N.S.) 62; 32 L.R.A. 
 (N.S.) 371. 
 
 Duty of railroad company to avoid inter- 
 ference with extinguishment of fires. 
 12 L.K.A.(N.S.) 382; 20 L.R.A. (N.S.) 
 1110; 39 L.R.A. (N.S.) 20. . 
 
 Sufficiency of general allegations of negli- 
 gence of. 59 L.R.A. 222. 
 
 Evidence of prior accidents. 32 L.R.A. 
 (N.S.) 1102. 
 
 Evidence as to conditions before and after 
 accident. 32 L.R.A. (N.S.) 1085. 
 
 Admissibility of declarations of agents of, 
 as res gestce. 19 L.R.A. 745. 
 
 Violation by servant of rule adopted by rail- 
 way company for protection of the pub- 
 lic, as evidence of negligence toward a 
 member of the public. 8 L.R.A. (N.S.) 
 1063; L.R.A.1917C, 793. 
 
 Train despatcher's record as evidence. 3 
 L.R.A. (N.S.) 1190. 
 
 Begin with this boofc on every law question. 
 
 RAILROADS, VII. a, 2cont'd 
 
 Right of court to decide question as to 
 quickest means of stopping train, as a 
 matter of common knowledge. 14 
 L.R.A. (N.S.) 262. 
 
 47. Criminal liability. 
 
 Of one obstructing track, see infra, 87. 
 
 Criminal responsibility of railroad com- 
 pany. 2 B. R. C. 253. 
 
 Criminal homicide in operation of railroad. 
 61 L.R.A. 281; L.R.A. 1917C, 536. 
 
 48. Liability for injuries due to acts 
 of third persons. 
 
 Liability in case of lease, see supra. 7. 
 
 In case of license or common use of prop- 
 erty, see supra, 8. 
 
 Liability for acts of employees, see MASTER 
 AND SERVANT, IV. 
 
 For accident caused by wrongful act of 
 stranger. 22 L.R.A. 306. 
 
 Liability of railroad company for fire 
 started by persons allowed to be on the 
 right of way. 12 L.R.A. (N.S.) 472. 
 
 Proximate cause of injury by car or engine 
 set in motion by third person. 2ti 
 L.R.A. (N.S.) 719. 
 
 Act of third person as excuse to railroad 
 for blocking street crossing. 23 L.R.A. 
 (N.S.) 350. 
 
 Liability of railroad company for injury 
 resulting from act of shipper* of con- 
 signee in setting car in motion. 51 
 L.R.A. (N.S.) 888. 
 
 49. independent contractors. 
 
 For act of independent contractor. 9 L.R.A. 
 604;* 14 L.R.A. 828. 
 
 Liability of railway companies in respect 
 to operation of plant negligently con- 
 structed by independent contractor. 66 
 L.R.A. 140. 
 
 Employer's nonliability for acts of inde- 
 pendent contractor in work on. 65 
 L.R.A. 643, 646. 
 
 Right of railroad company to delegate to 
 independent contractor the mainte- 
 nance of gates or of flagman at a street 
 crossing. 13 L.R.A.(N.S.) 1177. 
 
 50. Duty and liability imposed by 
 statute or ordinance. 
 
 Stepping on track in front of approaching 
 train running in excess of speed pre- 
 scribed by ordinance. 3 L.R.A. (N.S.) 
 196. 
 
 Private action for violation of statute im- 
 posing duties on railroads. 9 L.R.A. 
 (N.S.) 347; L.R.A.1915E, 533. 
 
 Violating ordinance as to operation, as 
 ground for private action. 5 L.R.A. 
 (N.S.) 188. 
 
 Requisites of averments in complaint as to 
 causal connection between violation of 
 law or ordinance by 'a railroad com- 
 pany and injury. 8 L.R.A. (N.S.) 987.
 
 INDEX TO L.R.A. NOTES. 
 
 1139 
 
 RAILROADS, VII. a cont'd 
 3. Liability for injuries to children. 
 
 51. Generally. 
 
 Liability for injury to children on cars, see 
 CARRIERS, 55. 
 
 Care required of railroad companies to pre- 
 vent injuring small children upon 
 the track. 25 L.R.A. 784. 
 
 Lookout for children. 25 L.R.A.(N.S.) 786; 
 32 L.R.A.(N.S.) 566. 
 
 Right of persons in charge of train to pre- 
 sume that child will get out of danger. 
 6 L.R.A.(N.S.) 283. 
 
 Duty to keep lookout for infant trespassers 
 on track. 8 L.R.A. (N.S.) 1079. 
 
 Negligent operation of train at crossing as 
 ground of liability for killing or in- 
 juring child incapable of contributory 
 negligence, who was aware of train's 
 approach. 34 L.R.A. (N.S.) 645. 
 
 Duty of railroad company to fence tracks 
 against children. 16 L.R.A. (N.S.) 
 1103. 
 
 Liability of railroad operating trains longi- 
 tudinally along public street for in- 
 jury to children. 49 L.R.A. (N.S.) 671. 
 
 Liability of railroad company for injury 
 to, by car running wild. L.R.A.1915A, 
 143. 
 
 Liability for injuries on turntable. 14 
 L.R.A. 781; 4 L.R.A. (N.S.) 80; 16 
 L.R.A.(N.S.) 1129. 
 
 Doctrine of "attractive nuisance" as applied 
 to injury from cars. 19 L.R.A. (N.S.) 
 1130.' 
 
 Doctrine of "attractive nuisance" as applied 
 to 'railroad tracks and structures. 19 
 L.R.A. (N.S.) 1150. 
 
 Wreck as attractive nuisance. L.R.A.1917F, 
 1031. 
 
 4. Injuries to persons on or near track. 
 
 52. Generally. 
 
 Injuries due to excessive speed, see infra, 
 
 SS 71, 72. 
 Contributory negligence, see infra, 80. 
 
 Liability for injuries caused by negligence 
 of another company using the road un- 
 der a lease, license, or other contract. 
 L.R.A.1918E, 261. 
 Implied license to go upon railroad track. 
 
 13 L.R.A. 634. 
 
 Right of railroad to keep trespassers from 
 track or right of way. 66 L.R.A. 587. 
 Posting signs warning trespassers as affect- 
 ing liability of railroad company 
 for injury to persons walking on 
 track. 47 L.R.A. (N.S.) 50fi, 
 Violation of rule adopted by railway com- 
 pany as evidence of negligence in case 
 of injury to trespasser or licensee. 
 L.R.A!l9i7C, 803. 
 
 Liability for personal injuries from negli- 
 gent operation of trains to person 
 on adjoining property or highway. 
 31 L.R.A. t N.S.) 980.' 
 Consult also L.K.A. Digests of Cases. 
 
 RAILROADS, VII. a, 4 cont'd 
 
 Duty as to equipping car or train so as to 
 avoid or minimize injury to per- 
 sons on or near tracks. L.R.A. 
 1915A, 742. 
 
 Liability of railroad company for injury 
 to trespasser or licensee by car run- 
 ning wild. L.R.A.1915A, 143. 
 
 Negligence of railroad company in respect 
 to flying switches or detached cars 
 moving bv their own momentum. 
 L.R.A.1916C, 1033. 
 
 Liability of railroad company for personal 
 injuries by objects thrown from moving 
 train. 6 L.R.A.(N.S.) 581; L.R.A. 
 1917B, 916. 
 
 Duty and liability of railroad company to- 
 ward one who goes upon its property 
 to pass around a train btocking the 
 crossing. 5 L.R.A. (N.S.) 775. 
 
 Liability for injury to person near track in 
 consequence of suction from passing 
 train. L.R.A.1917B, 1163. 
 
 Liability of railroad for injuries to one 
 not an employee, by closing gap be- 
 tween standing cars at point other than 
 a highway crossing. 19 L.R.A. (N.S.) 
 558. 
 
 Duty to moderate speed of train when tres- 
 passers are to be anticipated. 11 
 L.R.A.(N.S.) 352. 
 
 Ordinance affecting operation of railroads 
 as intended for benefit of trespassers. 
 5 L.R.A.(N.S.) 208. 
 
 Right of action against railroad company 
 for mutilation of the body of person 
 killed on track. 16 L.R.A. (N.S.) 405. 
 
 Liability of electric railway for injury to 
 trespasser or licensee from exposed 
 third rail. 28 L.R.A. (N.S.) 98. 
 
 Application of doctrine of last clear chance 
 in case of trespassers or others injured 
 upon railroad track. 55 L.R.A. 418. 
 [See also notes cited under Negligence, 
 50, 51.] 
 
 Intoxication of persons on railroad track as 
 affecting applicability of last clear 
 chance. 31 L.R.A. (N.S.) 1031. 
 
 Sufficiency of general allegations of negli- 
 gence. 59 L.R.A. 223. 
 
 Necessity and sufficiency of allegation or 
 proof as to time of injury. L.R.A. 
 1915A, 781. 
 
 52a. Railroad operated longitudinal- 
 ly along street. 
 
 Duty and liability of railroad company 
 operating trains or cars longitudi- 
 nally along public street. 49 
 L.R.A.(N.S.) 660. 
 
 53. Undiscovered persons. 
 
 Duty to discover, see infra, 56. 
 
 Doctrine of last clear chance, in case of. 55 
 L.R.A. 424; 36 L.R.A. (N.S.) 957. 
 
 May wantonness or wilfullness, precluding 
 defense of contributory negligence, be 
 predicated of omission of a duty before 
 discovery of a person in peril on a rail- 
 road track. 21 L.R.A. (N.S.) 427.
 
 1140 
 
 INDEX TO L.R.A. XOTES. 
 
 RAILROADS, VII. a, 4 cont'd 
 
 54. Xegligence after discovery. 
 
 Xegligence after discovery of small children 
 on track. 25 L.R.A. 787. 
 
 Last inoment to which presumption that 
 person on track will seek place of safety 
 may be indulged. 69 L.R.A. 554. 
 
 55. Helpless persons. 
 
 Children, see supra, 51. 
 
 Duty to avoid injury to persons in helpless 
 'position on track. 25 L.R.A. 790; 69 
 L.R.A. 513. 
 
 Duty to discover disabilitv of person on 
 'track. 69 L.R.A. 539." 
 
 Duty of trainmen, upon perceiving object 
 the character of which is unknown, but 
 which In fact is a trespasser helpless on 
 track. 2 L.R.A.(N.S.) 498. 
 
 56. Keeping lookout. 
 
 At crossing, see infra, 65. 
 For animals, see infra, 74. 
 Lookout on street car, see STREET RAIL- 
 WAYS, 14. 
 
 On locomotive or train. 25 L.R.A. 287. 
 
 Duty to keep lookout for trackmen. L.R.A. 
 '1916F, 564. 
 
 To what places and operations does statute 
 or ordinance requiring lookout on 
 trains apply. 51 L.R.A. (X.S.) 
 618. 
 
 Duty to discover peril or disability of per- 
 son on railroad track. 69 L.R.A. 539. 
 
 Duty of railroad company to keep lookout 
 for trespassers on track. 8 L.R.A. 
 (X.S.) 1069; 25 L.R.A. 289; 41 L.R.A. 
 (X.S.) 264. 
 
 Duty to keep lookout for children on track. 
 8 L.R.A.(X.S.) 1079; 25 L.R.A. 786; 32 
 L.R.A. (X.S.) 566; 41 L.R.A. (N.S.) 274. 
 
 Duty as to lookout of railroad operating 
 trains or cars longitudinally along pub- 
 lic street. 49 L.R.A. (X.S.) 676. 
 
 Duty of railroad to remove obstructions on 
 right of way interfering with lookout 
 from train. L.R.A.1916F, 130. 
 
 Duty of employees in charge of engine to 
 keep a lookout, as affected by other du- 
 ties. 21 L.R.A. (X.S.) 723. 
 
 Intoxication of persons on railroad track 
 as affecting applicability of doctrine 
 of last clear chance. 31 L.R.A. (N.S.) 
 1033. 
 
 57. Signals. 
 
 At crossings, see infra, 66-69. 
 
 Admissibility of negative inferences as to. 
 
 L.R.A.1918A, 744. 
 Failure to give signal to children on track. 
 
 25 L.R.A. 788. 
 Duty of railroad company to warn track 
 
 emplovees of approach of train or car. 
 
 L.R.AJ916F, 555. 
 Duty of railroad company operating trains 
 
 or cars longitudinally along public 
 
 street as to signals. 49 L.R.A. (N.S.) 
 
 672. 
 
 Begin witJi this boofc on every Jaiv question. 
 
 RAILROADS, VII. a cont'd 
 
 o. Accidents at crossing, 
 (a) In general. 
 
 58. Generally. 
 
 Speed at, see infra, 71, 72. 
 Contributory negligence, see infra. 81-84. 
 
 Liability for injuries caused by negligence 
 of another company using the road un- 
 der a lease, license, or other contract. 
 L.R.A.1918E, 260. 
 
 Violation by servant of rule adopted by rail- 
 way company as evidence of negligence 
 toward one other than servant. L.R.A. 
 1917C, 801. 
 
 Xegligence of railroad company in respect 
 to flying switches or detached cars mov- 
 ing by their own momentum. 18 L.R.A. 
 63; L.R.A.1916C, 1034. 
 
 Liability of railroad for personal injuries 
 to persons on highway from negligent 
 operation of train. 31 L.R.A. (X.S.) 
 980. 
 
 Liability for killing or injuring one who 
 went on railroad crossing without 
 knowledge of its existence. 28 L.R.A. 
 (X.S.) 382. 
 
 Liability for injurv to bicyclist crossing 
 43 L.R.A. 301; 42 L.R.A. (X.S.) 158. 
 
 Private action for violation of crossing reg- 
 ulations. 9 L.R.A. (X.S.) 373: L.R.A. 
 1915E, 535. 
 
 Application of doctrine of last clear chance. 
 55 L.R.A. 438. 
 
 Sufficiencv of general allegations of negli- 
 gence'. 59 L.R.A. 224. 
 
 [ Duty and liability of railroad company as 
 to crossing which appears to be part 
 of a public street or highway. 51 
 L.R.A. (X.S.) 1215. 
 
 Liability where person or vehicle runs into 
 side of train at crossing. L.R.A.1915A, 
 363. 
 
 Liability in case of collision of road vehicle 
 with car standing on crossing. L.R.A. 
 1918E, 792. 
 
 59. Private crossing. 
 
 General nature of the duty owed by a rail- 
 road company to one who. with its 
 permission, uses a private crossing con- 
 structed by it. 7 L.R.A. (X.S.) 597. 
 
 60. Defects in crossing. 
 
 Injuries otherwise than by train, see HIGH- 
 WAYS, 88. 
 
 Defective condition of railroad crossing as 
 affecting traveler's right to recover for 
 injuries sustained in collision with 
 train. 14 L.R.A. (X.S.) 312: 20 L.R.A. 
 (X.S.) 426. 
 
 Private action for violation of statute as 
 to blocking frogs, switches and cross- 
 ings. L.R.A.1915E, 537. 
 
 Defects in roadbed of company operating 
 train or cars longitudinally along pub- 
 lic street. 49 L.R.A. (X.SO 678.
 
 INDEX TO L.R.A. NOTES. 
 
 RAILROADS, VII. a, 5, (a) confd 
 
 61. Obstruction of traveler's view at 
 
 crossing. 
 
 Duty of railroad employees on approaching 
 crossing as affected by obstruction 
 of traveler's view of track. 22 
 L.R.A. (N.S.) 232. 
 
 Negligence of railroad company in permit- 
 ting obstructions on its right of way 
 which obscure view of track from high- 
 way crossing. 12 L.R.A. (N.S.) 1067. 
 
 62. Obstructing crossing. 
 
 Contributory negligence, see infra, 82. 
 Obstruction of crossings by trains generally, 
 see HIGHWAYS, 32. 
 
 Violation of statute or ordinance in relation 
 to blocking railroad crossing as 
 affecting liability for injury. 47 
 L.R.A.(N.S.) 820. 
 
 Duty toward person attempting to cross 
 train obstructing highway. 13 L.R.A. 
 (N.S.) 1074. 
 
 Duty and liability towards person going on 
 its property to pass around a train 
 blocking crossing. 5 L.R.A. (N.S.) 775. 
 
 Liability of railroad company for act of 
 employee in inviting pedestrian to 
 cross train obstructing highway. 13 
 L.R.A.(N.S.) 1071; 34 L.R.A."(N.S.) 
 469; L.R.A.1917E, 823. 
 
 63, 61. Undiscovered persons. 
 
 Doctrine of last clear chance in case of. 55 
 L.R.A. 424; 36 L.R.A. (N.S.) 057. 
 
 May wantonness or wilfulness, precluding 
 defense of contributory negligence be 
 predicated of omission of duty before 
 discovery of person in position of peril 
 at crossing. 21 L.R.A. (N.S.) 432, 440. 
 
 65. Lookout. 
 
 For persons on track, see supra, 56. 
 For animals, see infra, 74. 
 
 To what places and operations does stat- 
 ute or ordinance requiring lookout on 
 trains apply. 51 L.R.A. (N.S.) 618. 
 
 Liability for failure to maintain lookout at 
 crossings. 25 L.R.A. 287. 
 
 Application of last clear chance in case of 
 omission of duty to keep a lookout. 55 
 L.R.A. 418. 
 
 (It) Signals. 
 
 66. Generally. 
 
 At places other than crossings, see supra, 
 
 57. 
 Fright of horse by, see HORSES, 10. 
 
 Admissibility of negative inferences as to. 
 L.R.A. 1918A, 744. 
 
 Liability for failure to give statutory sig- 
 nals when they would not have pre- 
 vented the injury. 21 L.R.A. 723. 
 
 Violation of rule as to giving of signals as 
 evidence of negligence towards member 
 of public. 8 L.R.A. (N.S.) 1063; L.R.A. 
 1917C, 801. 
 
 Private action for violation of ordinances 
 requiring warning signals. 5 L.R.A. 
 i N.S. 240. 
 
 Consult also L.R.A. Digests of Cases. 
 
 RAILROADS, VII. a, 5, (b) cont'd 
 
 Private action for violation of statutory 
 duty to signal approach of crossings. 
 9 L.R.A. (N.S.) 365; L.R.A.1915E, 533. 
 
 Power of municipal corporations to regulate 
 signals from trains at crossings. 17 
 L.R.A. (N.S.) 561. 
 
 Failure to give crossing signals as proxi- 
 mate cause of injury bv running into 
 side of train. 38 L.R.A! (N.S.) 1153. 
 
 Duty of one crossing railroad track as af- 
 fected by flagman's signaling to pro- 
 ceed. 15 L.R.A. (N.S.) 803. 
 
 Failure to give customary signals as excus- 
 ing nonperformance of duty to look and 
 listen. 3 L.R.A. (N.S.) 391. 
 
 Statements by engineer as to failure to 
 whistle made sometime after accident 
 as res gestce. 42 L.R.A. (N.S.) 931. 
 
 Right of traveler to rely on automatic sig- 
 nals at crossing. L.R.A.1916D, 788. 
 
 67. Statutory signals as measure of 
 duty. 
 
 Neglect to give signals. 15 L.R.A. 427. 
 Neglect to exercise due care. 15 L.R.A. 428. 
 Instances. 15 L.R.A. 428. 
 Apparent exceptions to the first rule. 15 
 
 L.R.A. 428. 
 Province of jury. 15 L.R.A. 429. 
 
 68. Toward whom duty owed. 
 
 For whose benefit signals by approaching 
 trains are required by statute at 
 railway crossings. 17 L.R.A. 254. 
 Duty to give crossing signals for the 
 benefit of persons near a crossing, 
 but who are not about to use the 
 same. 14 L.R.A.(N.S.) 998; 31 
 L.R.A.(N.S.) 667; L.R.A.1915D, 
 962. 
 
 Right of employee to rely on statute requir- 
 ing signal to be given by train ap- 
 proaching crossing. 40 L.R.A. (N.S.) 
 1105. 
 
 Failure to give signal as affecting liability 
 for injury to small children on track. 
 25 L.R.A. 788. 
 
 Duty to give crossing signals for protec- 
 tion of animals. 46 L.R.A. (N.S.) 881. 
 
 69. At what crossings. 
 
 At what railway crossing signals of trains 
 
 are required. 16 L.R.A. 119. 
 Duty as to signals by locomotive approach- 
 ing overhead crossings. 1 L.R.A. (N.S.) 
 307; 22 L.R.A. (N.S.) 915. 
 Duty of railroad to give crossing signals 
 at place not technically a highway 
 crossing, but used as such. 49 
 L.R.A.(N.S.) 814. 
 
 (c) Flagmen; safety gates. 
 
 70. Generally. 
 
 In general, see supra, 33. 
 
 Violation of rule as to flagmen as evidence 
 of negligence toward one other than 
 "servant. L.R.A.1917C, 802. 
 
 Liability of railroad company for frighten- 
 ing horse on highway by flagmen. 
 L.R.A.1917C, 982.
 
 1142 
 
 INDEX TO L.R.A. NOTES. 
 
 RAILROADS, VII. a, 5, (c) cont'd 
 
 Duty as to operation of safety gates at rail- 
 road crossing. 33 L.R.A. (N.S.) 
 988. 
 
 Delegation by legislature of power to re- 
 quire flagmen and gates at railroad 
 crossings. 32 L.R.A. (N.S.) 046. 
 
 Necessity for flagman at crossing where 
 traveler's view of track is obstructed. 
 22 L.R.A.(N.S.) 237. 
 
 Right of railroad company to delegate to 
 independent contractor the mainte- 
 nance of. 13 L.R.A. (N.S.) 1177. 
 
 Violation of police ordinance as to flagman 
 as ground for private action. 5 L.R.A. 
 (N.S.) 245. 
 
 Violation of police ordinance as to safety 
 gates as ground for private action. 5 
 L.R.A.(N.S.) 246. 
 
 Conduct of flagman or absence from his post 
 as afl'ecting liability for injury at 
 crossing. 41 L.R.A. (N.S.) 355. 
 
 Duty of one crossing railroad track as af- 
 fected by flagman's signal to proceed. 
 15 L.R.A.(N.S.) 803. 
 
 Duty of traveler going on crossing when 
 'gates are open. 4 L.R.A. (N.S.) 521; 
 L.R.A.1916E, 821. 
 
 Effect of flagman, or lowered gates, on con- 
 tributory negligence of child at cross- 
 ing. L.R.A.1917F, 151. 
 
 6. Speed. 
 
 71. Generally. 
 
 Speed of street car, see STREET RAILWAYS, 
 12, 13. 
 
 Speed at country crossing as negligence. 
 3 L.R.A. (N.S.) 778. 
 
 Negligence as to speed of railroad company 
 operating trains or cars longitudinal- 
 ly along public street. 49 L.R.A. (N.S.) 
 G74. 
 
 Rate of speed preventing stoppage of trains 
 within distance disclosed by head- 
 light. 39 L.R.A. (N.S.) 978. 
 
 In case of small children on track. 25 
 L.R.A. 789. 
 
 Duty to moderate speed of train where tres- 
 passers are to be anticipated. 11 
 L.R.A.(N.S.) 352. 
 
 Frightening horse on highway by excessive 
 speed of train. 33 L.R.A. (N.S.) 127. 
 
 Evidence as to speed of trains and hand 
 cars. 34 L.R.A. (N.S.) 790. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 701. 
 
 Violation by servant of the rule adopted by 
 company as to speed as evidence of neg- 
 ligence towards member of public. 8 
 L.R.A. (N.S.) 1063; L.R.A.1917C, 801. 
 
 Assumption which one approaching railroad 
 track may indulge as to speed of com- 
 ing train. 24 L.R.A. (N.S.) 493. 
 
 72. Regulations of, by statute or 
 ordinance; violations of regula- 
 tions. 
 
 Power of municipal corporations to regu- 
 late speed of, trains at highway cross- 
 ings. 17 L.R.A. (N.S.) 561. 
 
 RAILROADS, VII. a, 6 cont'd 
 
 Right to require stopping of interstate mail 
 trains. 14 L.R.A. (N.S.) 293. 
 
 Right to limit speed of mail trains. 14 
 L.R.A. (N.S.) 293; L.R.A.1917F, 1187. 
 
 Private action for violation of statutory 
 limitation of speed. 9 L.R.A. (N.S.) 
 373; L.R.A.1915E, 538. 
 
 Violation of ordinance as to, as ground for 
 private action. 5 L.R.A. (N.S.) 197, 
 218. 
 
 Violation of ordinance as to, by company 
 operating trains or cars longitudinally 
 along public street. 49 L.R.A. (N.S.) 
 674. 
 
 Stepping on track in front of approaching 
 train running in excess of speed pre- 
 scribed by ordinance. 3 L.R.A. (N.S.) 
 196. 
 
 Presumption and burden of proof as to 
 negligence of railroad company operat- 
 ing trains longitudinally along public 
 street. 49 L.R.A. (N.S.) 688. 
 
 7. Injtiries to animals. 
 
 73. Generally. ' 
 
 Duty of railroad company as to cattle 
 
 guards, see supra, 34. 
 Contributory negligence, see infra, 85. 
 Frightening horses, see HORSES, 10. 
 
 Liability for injuries caused by negligence 
 of another company using the road un- 
 der a lease, license, or other contract. 
 L.R.A.1918E, 262. 
 
 When injury to livestock is done "by" or 
 "caused by" railroad train or engine, 
 within the meaning of statutes on that 
 subject. 14 L.R.A. 841. 
 
 Liability for killing or injuring live stock 
 on track because of lack of proper head- 
 light. 39 L.R.A. (N.S.) 271. 
 
 Duty as to equipping car or train so as to 
 avoid or minimize injury to animals 
 on or near tracks. L.R.A.1915A, 742. 
 
 Duty to give crossing signals for protection 
 of animals. 46 L.R.A. (N.S.) 881. 
 
 Liability for failure to take precautions to 
 prevent injuries which could not have 
 been prevented. 21 L.R.A. 723. 
 
 Liability of company operating railroad 
 along highway for injury to live stock. 
 L.R.A.1917E, 770. 
 
 Liability of railroad company for attract- 
 ing animals running at large, to its 
 premises, by allowing freight or waste 
 attractive to live stock to remain ex- 
 posed thereon. 28 L.R.A. (N.S.) 83. 
 
 Duty of railroad as to fowls upon track. 
 47 L.R.A. (N.S.) 1125. 
 
 Constitutionality of statute imposing abso- 
 lute liability for injury to animals. 25- 
 L.R.A. 162; 35 L.R.A. (N.S.) 1018. 
 
 Application of doctrine of last clear chance. 
 55 L.R.A. 418. 
 
 Sufficiency of general allegations of neg- 
 ligence. 59 L.R.A. 231. 
 
 Necessity and sufficiency of allegation or 
 proof as to time of injury. L.R.A. 
 1915A, 781. 
 
 Presumption of negligence from injury ta 
 livestock by railway train. 1'5 L.R.A. 
 39. 
 
 Begin with this ftoofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1143 
 
 RAILROADS, VII. a, 7 cont'd 
 
 Power of legislature to make the killing of 
 stock prima fcaie evidence of negligence. 
 32 L.R.A. (N.S.) 227. 
 
 Right to interest on damages allowed for 
 injuries to stock by passing train. 18 
 L.K.A. 450. 
 
 Validity of statutory provision for attor- 
 ney's fee in action for killing cattle. 
 17'L.R.A.(N.S.) 910; L.R.A.1915E, 944. 
 
 74. L,ookout for. 
 
 Duty to keep lookout for stock on track. 
 
 25 L.R.A. 291; 24 L.R.A. (N.S.) 858. 
 Duty to keep lookout for horses on highway 
 'parallel Avith track. 33 L.R.A. (N.S.) 
 
 128. 
 
 75. Lack of, or defects in fences or 
 
 gates. 
 Duty as to fences generally, see supra, 
 
 37-40. 
 Duty as to gates generally, see supra, 41. 
 
 Liabilitv of lessee or licensee. L.R.A. 1917A, 
 539". 
 
 Liability of railroad whose failure to main- 
 tain fences permits escape of live stock, 
 which is killed or injured outside its 
 right of way. 29 L.R.A. (N.S.) 573. 
 
 Duty of railroad to fence as requiring bar- 
 rier across culvert or under bridge. 
 5 B. R. C. 182. 
 
 Liability for injury to stock other than by 
 trains, because of breach of statutory 
 duty to fence. 37 L.R.A. (N.S.) 1181. 
 
 Injury by reason of leaving gates in rail- 
 road fence open. 49 L.R.A. 625. 
 
 Constitutionality of statute making failure 
 to fence evidence of negligence. 31 
 L.R.A.(N.S.) 867. 
 
 Constitutionality of statutes as to fixing 
 value of stock killed on unfenced road. 
 31 L.R.A. (N.S.) 867. 
 
 76. Dogs. 
 
 Liability for killing dogs. 37 L.R.A. 659. 
 Action for injury to dogs by railroad trains. 
 
 40 L.R.A. 509. 
 
 Duty with respect to dogs on track. 6 
 'L.R.A.(N.S.) 911. 
 
 8. Fires. 
 
 77. Generally. 
 
 Contributory negligence, see infra, 86. 
 
 Liability of railroad for setting fires which 
 spread to property of others. 21 L.R.A. 
 262. 
 
 Liability for burning property stored or 
 piled on right or way by licensee. 1 
 L.R.A. (N.S.) 533. 
 
 Liability for fires started by persons al- 
 lowed to be" on right of way. 12 L.R.A. 
 (N.S.) 472. 
 
 Liability for fire set by engines of other 
 company permitted to use road. 10 
 L.R.A.(N.S.) 1175; L.R.A.1918A, 940. 
 
 Liability of railroad company for personal 
 injury to person struck by sparks or 
 cinders escaping from locomotive. 18 
 L.R.A.(N.S.) 241. 
 
 Consult also L.R.A. Digests of Cases. 
 
 RAILROADS, VII. a, 8 cont'd 
 
 Constitutionality of statute imposing abso- 
 lute liability for. 25 L.R.A. 161; 35 
 L.R.A.(N.S.) 101(5. 
 
 Validity of statutory provision for attor- 
 ney's fee in action against railroad for 
 damages from fire. 17 L.R.A. (N.S.) 
 910. 
 
 Constitutionality of statute denying insur- 
 er's right of subrogation against person 
 responsible for destruction of property 
 where fire is caused by railroad com- 
 pany. 41 L.R.A.(N.S.) 1202. 
 
 Sufficiency of general allegations of neg- 
 ligence. 59 L.R.A. 234. 
 
 Variance between allegation and proof as 
 to time in action against railroad com- 
 pany for setting out fires. 41 L.R.A. 
 (N.S.) 635. 
 
 Right to interest on sum allowed as dam- 
 ages from railway fires. 18 L.R.A. 449. 
 
 May one who destroys insured property de- 
 feat an action by the owner upon the 
 ground that the right of action is in 
 the insurer. 23 L.R.A.(N.S.) 870; 
 L.R.A.1918F, 145. 
 
 Duty to avoid interference with extinguish- 
 ment of fires. 12 L.R.A. (N.S.) 382: 
 20 L.R.A. (N.S.) 1110; 39 L.R.A. (N.S.) 
 20. 
 
 Private action for violation of statute re- 
 quiring spark arresters on engines. 
 L.R.A.1915E, 539. 
 
 Construction and effect of statute giving 
 railroad company, responsible for the 
 destruction of property by fire, the 
 benefit of insurance effected by owners. 
 52 L.R.A.(N.S.) 203. 
 
 Scope and effect of clause in fire insurance 
 policy exempting insurer from liabil- 
 ity for loss by fire from, or occasioned 
 by locomotive engines. 51 L.R.A. 
 (N.S.) 518. 
 
 Measure of damages for destruction of 
 standing timber by fire set by locomo- 
 tive. 52 L.R.A.(N.S.) 92. 
 
 78. Presumptions; evidence. 
 
 Violation by servant of rule adopted by rail- 
 way company as evidence of negligence 
 toward one other than servant. L.R.A. 
 1917C, 805. 
 
 Presumption as to negligence in case of rail- 
 way fires. 15 L.R.A. 40. 
 
 Effect of presumption from fact that fire 
 was set by locomotive to carry question 
 of negligence to jury. 5 L.R.A. (N.S.) 
 99. 
 
 Power of legislature to make injury by fire 
 from locomotives prima facie evidence 
 of negligence. 32 L.R.A. (N.S.) 227. 
 
 Admissibility of evidence of other fires. 32 
 L.R.A.(N.S.) 1146. 
 
 Distance within which sparks from a prop- 
 erly equipped engine will set fire as a 
 subject of expert testimony. 22 L.R.A. 
 (N.S.) 1039. 
 
 Z>. Contributory negligence. 
 1. In general. 
 
 79. Generally. 
 
 Of children, see infra, 84a.
 
 1144 
 
 INDEX TO L.R.A. NOTES. 
 
 RAILRAODS, VII. b, 1 cont'd 
 
 Persons on train, see CARRIERS, 75-84. 
 
 Contributory negligence of railroad employ- 
 ees, see MASTER AND SERVANT, III. c. 
 
 Doctrine of last clear chance or humani- 
 tarian doctrine, see NEGLIGENCE, 50- 
 52. 
 
 Contributory negligence as to street cars, see 
 STREET RAILWAYS, 20-23. 
 
 Presumption "of care of person killed at 
 crossing. 4 L.R.A. (N.S.) 344. 
 
 Effect of continuing negligence of person 
 injured on liability of the company. 
 55 L.R.A. 418. 
 
 Effect of, on liability for violating police 
 ordinance affecting operation of rail- 
 roads. 5 L.R.A. (N.S.) 230. 
 
 Defective hearing of person injured as bear- 
 ing upon contributory negligence. 41 
 L.R.A. (N.S.) 196, 197. 
 
 2. Persons on or near track. 
 
 80. Generally. 
 
 Liability of company, see supra, 52-57. 
 
 Contributory negligence of passenger while 
 crossing track, see CARRIERS, 83. 
 
 On tracks of interurban raih'oad, see INTER- 
 URBAN RAILROAD, 4. 
 
 Doctrine of last clear chance, see NEGLI- 
 GENCE, 50-52. 
 
 On street car track, see STREET RAILWAYS, 
 20-23. 
 
 Negvigence of passenger ejected from train, 
 \a walking on railroad track. 12 L.R.A. 
 (N.S.) 359. 
 
 May wantonness or wilfulness, precluding 
 defense of contributory negligence, be 
 predicated of the omission of a duty be- 
 fore the discovery of a person in peril 
 on a railroad track. 21 L.R.A. (N.S.) 
 427. 
 
 Contributory negligence in stepping on 
 track in front of approaching train 
 running in excess of speed prescribed 
 by ordinance. 3 L.R.A. (N.S.) 196. 
 
 Contributory negligence of person injured 
 by railroad trains or cars operated 
 longitudinally along public street. 49 
 L.R.A. (N.S.) 679. 
 
 Intoxication of person injured on track as 
 contributory negligence. '47 L.R.A. 
 (N.S.) 734, 736. 
 
 Right of one on railroad track to rely on 
 custom to move trains on certain 
 track only in one direction. L.R.A. 
 1916D, 706. 
 
 3. At crossing. 
 
 81. Generally. 
 
 Negligence of company, see supra, 58-69. 
 Negligence of children, see infra, 84a. 
 
 Contributory negligence in attempting to 
 use railroad crossing known to be in 
 
 RAILORADS, VII. b, 3 cont'd 
 
 Care required of driver of automobile at 
 railroad crossing. 21 L.R.A. (N.S. ! 
 794; 29 L.R.A. (N.S.) 924; 46 L.R.A. 
 (N.S.) 702. 
 
 Right of one going on railroad crossing to 
 rescue property to recover for injury. 
 28 L.R.A. (N.S.) 346. 
 
 Contributory negligence in attempting to 
 cross in front of engine or cars stand- 
 ing m?ar street crossing. 11 L.R.A. 
 (N.S.) 963. 
 
 Intoxication of person injured amounting to 
 contributory negligence. 40 L.R.A. 133; 
 47 L.R.A.(N.S.) 735. 
 
 In respect to flying switches or detached 
 cars moved by their own momentum. 
 18 L.R.A. 65;*L.R.A.1916C, 1039. 
 
 Duty of one crossing railroad track as af- 
 fected by flagman's signal to proceed. 
 15 L.R.A. (N.S.) 803. 
 
 Right of one about to cross railroad track 
 to rely upon train schedules. 17 L.R.A. 
 (N.S.) 1253. 
 
 Right of one crossing railway tracks to as- 
 sume that approaching train will stop 
 at intervening station. 20 L.R.A. 
 (N.S.) 380. 
 
 Right of traveler to rely on automatic 
 signals at crossing. L.R.A. 1916D, 788. 
 
 Duty of traveler going upon railroad cross- 
 ing when gates are open. L.R.A. 
 1916E, 821. 
 
 Assumption which one approaching railroad 
 crossing may indulge as to speed of 
 coming train. 24 L.R.A. (N.S.) 493. 
 
 Conduct of flagman or absence from his post 
 as affecting liability for injury at cross- 
 ing. 41 L.R.A. (N.*S.) 355. 
 
 Stepping on track in front of approaching 
 train running in excess of speed pre- 
 scribed by ordinance. 3 L.R.A. (N.S. > 
 196. 
 
 Personal contributory negligence of person 
 riding in vehicle driven or con- 
 trolled by another at railroad 
 crossing. L,R.A.1915E, 225. 
 
 Presumption as to exercise of due care by 
 person found killed at crossing. 16 
 L.R.A. 261. 
 
 Right to rely on presumption of self-pres- 
 ervation in action for negligent killing 
 at railroad crossing in order to pre- 
 vent nonsuit where there were no eye- 
 witnesses to the killing. 11 L.R.A. 
 (N.S.) 844. 
 
 82. Where train obstructs crossing. 
 
 Negligence of company, see supra. 02. 
 Obstruction of crossings by trains gener- 
 ally, see HIGHWAYS, 32. 
 
 Contributory negligence in attempting to 
 cross a train standing on a crossing. 
 13 L.R.A. (N.S.) 1066: 34 L.R.A.(N.S., 
 466; 50 L.R.A. (N.S.) 1012. 
 
 Effect of contributory negligence on lia- 
 
 a dangerous or defective condition. bility for injury resulting from viola- 
 
 L.R.A.1915C, 813. tion of statute or ordinance in relation 
 
 Where person or vehicle runs into side of to blocking crossing. 47 L.R.A. (N.S.) 
 
 train at crossing. L.R.A. 1915A, 362. 828. 
 
 Begin irith this ItooU on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1145 
 
 RAILROADS, VII. b, 3 cont'd 
 
 83. Duty to stop, look, and listen. 
 
 On street car track, see STREET RAILWAYS, 
 21. 
 
 Duty of children as to. L.R.A.1917F, 125. 
 
 Dutv to stop, look, and listen after enter- 
 ing on first track. 17 L.R.A. (N.S.) 
 505. 
 
 Fright of team as excuse for omission to 
 look and listen at railroad crossing. 21 
 L.R.A.(X.S.) 415. 
 
 Effect of pedestrian's looking or failure to 
 look before attempting to cross train 
 standing on crossing. 13 L.R.A. (N.S.) 
 1069. 
 
 Duty of passenger embarking or disembark- 
 ing at station to stop, look, and listen 
 before crossing track at station to bis 
 train. 13 L.R.A.(N.S.) 620; 27 L.R.A. 
 (N.S.) 128; 31 L.R.A. (N.S.) 338. 
 
 Duty to look and listen before crossing in- 
 terurban electric railway on company's 
 own right of way. 23 L.R.A. (N.S.) 
 1224. 
 
 Duty of traveler to stop, look, and listen 
 upon approaching overhead or under- 
 ground railroad crossings. 6 L.R.A. 
 (N.S.) 150. 
 
 Duty of traveler going upon railroad cross- 
 ing when gates are open. 4 L.R.A. 
 (N.S.) .r21; L.R.A.1916E, 821. 
 
 Failure to give customary signals as ex- 
 cusing nonperformance of duty to look 
 and listen. 3 L.R.A. (N.S.) 391. 
 
 Credibility and effect of testimony of per- 
 son injured at a railroad crossing that 
 he looked and listened where he must 
 have detected the train had he looked 
 or listened. L.R.A.1915B, 140. 
 
 Duty of driver of automobile as to stop- 
 ping, looking, and listening. 46 
 L.R.A. (N.S.) 702. 
 
 Failure to look before crossing train stand- 
 ing on a crossing. 50 L.R.A. (N.S. ) 
 1013. 
 
 84. duty as to place and direction 
 of observation. 
 
 Care required in selecting place for observa- 
 tion. 37 L.R.A. (N.S.) 136. 
 
 Distance. 37 L.R.A. (N.S.) 137. 
 
 Looking at the customary place. 37 
 L.R.A. (N.S.) 138. 
 
 At a place dangerous in itself. 37 L.R.A. 
 (N.S.) 138. 
 
 Duty to look more than once. 37 L.R.A. 
 (N.S.) 138. 
 
 Duty where view near track is obstructed. 
 37 L.R.A. (N.S.) 142. 
 
 When looking would have been useless. 37 
 L.R.A.(N.S.) 145. 
 
 Direction for looking. 37 L.R.A. (N.S.) 
 146. 
 
 Duty of driver of automobile where view 
 is obstructed. 46 L.R.A. (N.S.) 705. ( 
 
 Duty of driver who has traveled some dis- 
 tance parallel with track after looking 
 for car. to look again before crossing 
 track. 21 L.R.A. (N.S.) 309. 
 
 Consult /.< 7..7f..4. IHfjests of Cases. 
 
 RAILROADS, VII. b cont'd 
 
 3J. Injuries to minors. 
 
 * in. Generally. . 
 
 Contributory negligence of children on or 
 
 about railroad tracks. L.R.A.1917F, 
 
 123. 
 
 4. Injuries to animals. 
 
 85. Generally. 
 
 Negligence of company, see supra, 73-76. 
 
 In case of injury to live stock by railroad 
 operating along highway. L.R.A. 1917E, 
 770. 
 
 Effect of contributory negligence of owner 
 of stock getting on railroad track 
 through defects in cattle guards. 36 
 L.R.A. (N.S.) 1000. 
 
 Effect of contributory negligence) where 
 railroad company has failed to perform 
 duty as to keeping cattle guards in 
 proper condition. 36 L.R.A. (N.S.) 997; 
 L.R.A.1915B, 134. 
 
 Constitutionality of statutes excluding de- 
 fense of contributory negligence and 
 assumption of risk on failure of rail- 
 road company to fence tracks and 
 build cattle guards. 31 L.R.A. (N.S.) 
 867. 
 
 5. As to fires. 
 
 86. Generally. 
 
 Negligence of company, see supra, 
 
 77, 78. 
 
 Duty of abutting owner to prevent accumu- 
 lation of combustible materials near 
 right of way. 12 L.R.A. (N.S.) 624. 
 
 Duty of owner of property adjoining a rail- 
 road right of way to protect it from 
 fires set out by passing locomotives. 
 12 L.R.A.(N.S.) 526; 49 L.R.A. (N.S.) 
 166. 
 
 c. Criminal liability of third persons 
 for obstructing track. 
 
 87. Generally. 
 
 Instigation to offense of obstructing rail- 
 road track. 25 L.R.A. 345. 
 
 Criminal liability of children for obstruct- 
 ing railway track. 36 L.R.A. 208. 
 
 Homicide by derailing railway train. 63 
 L.R.A. 378. 
 
 Cruel and unusual punishment for obstruct- 
 ing railroad track. 35 L.R.A. 577. 
 
 RAILROAD SIDINGS. 
 
 See SPUR TRACKS AND SIDINGS. 
 
 RAILROAD TRESTLE. 
 
 Duty to avoid injury to person walking on. 
 '69 L.R.A. 576.
 
 1146 
 
 INDEX TO L.R.A. NOTES. 
 
 RAILROAD YARDS. 
 
 Supervising employees in, as vice principals. 
 51 L.R.A. 552, 581. 
 
 RAILWAY POLICE. 
 
 Authority of superior officer of railway po- 
 lice to contract for services of other 
 persons. L.R.A.1918F, 65. 
 
 RAILWAYS. 
 
 See RAILROADS. 
 
 RAIN. 
 
 Carrier's liability for injury to passenger by 
 rain from open doors or windows. 11 
 L.R.A.(N.S.) 926. 
 
 Effect of, on question of negligence in run- 
 ning train at speed preventing stoppage 
 within distance disclosed by headlight. 
 39 L.R.A.(N.S-) 980. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by rainfall. 
 49 L.R.A.(N.S.) 198. 
 
 RAISED CHECKS. 
 
 See BANKS, 24, 29. 
 
 RAISING. 
 
 Of commercial paper, see BAXKS, 
 BILLS AND NOTES, 16. 
 
 24, 29; 
 
 RAISING BLOOD. 
 
 What constitutes, within meaning of insur- 
 ance policy. 23 L.R.A. (N.S.) 917. 
 
 RANGE. 
 
 As part of realty. 1 B. R. C. 972. 
 
 RANGER. 
 
 Of royal park as a tenant. 4 L.R.A. (N.S.) 
 713, 719. 
 
 RANSOM. 
 
 Of vessel captured by pirates; jurisdiction 
 of admiralty over suit as to. 66 L.R.A. 
 207. 
 
 RAPE. 
 
 1. Generally. 
 
 Preparation to commit assault with intent 
 to rape or ravish as distinguished from 
 overt act in commission of offense it- 
 self. 42 L.R.A. 524. 
 
 Right of husband to recover for illicit inter- 
 course with wife, accomplished by force. 
 52 L.R.A. (N.S.) 373. 
 
 Giving liquor or drugs to female with view 
 to having sexual intercourse with her 
 as constructive rape or assault with in- 
 tent to commit rape. 46 L.R.A.(N.S.) 
 422. 
 
 Impotency or senility as defense to prose- 
 cution for rape or assault with in- 
 tent to commit rape. L.R.A. 1915B, 
 131. 
 
 Of female of unsound mind. L.R.A.1916F, 
 742. 
 
 Intercourse secured through sham marriage 
 as rape. L.R.A.1916F, 796. 
 
 Jurisdiction to punish assault with intent 
 to rape committed on Indian reserva- 
 tion within state limits. L.R.A.1915F, 
 591. 
 
 Right of court to exclude public from court 
 room. 44 L.R.A.(N.S.) 583; L.R.A. 
 1918C, 1168. 
 
 Argument of prosecuting attorney that an 
 acquittal would encourage lynch law 
 as ground for reversal. 51 L.R.A. 
 (N.S.) 914. 
 
 Former jeopardy in case of. L.R.A.1915A, 
 256. 
 
 What intoxication will excuse. 36 L.R.A. 
 479. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 576; L.R.A.1915C, 569. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance. 38 
 L.R.A.(N.S.) 313. 
 
 2. By infant. 
 
 Liability of infant for. 36 L.R.A. 203, 208. 
 
 3. Of female under age of consent. 
 
 Effect of statute fixing age of consent in de- 
 nning statutory rape as determining 
 age of consent for marriage. 21 L.R.A. 
 (N.S.) 847. 
 
 Civil liability for intercourse with child 
 under age of consent. 51 L.R.A. (N.S.) 
 982. 
 
 Does statute fixing age of consent render 
 girl below that age incapable of sexual 
 crime. 27 L.R.A. (N.S.) 872. 
 
 Effect of defendant's mistake as to age of 
 girl, under statute denouncing sexual 
 offenses against females below specified 
 age. 25 L.R.A. (N.S.) 661. 
 
 Evidence of specific instances to prove char- 
 acter for chastity of victim of crime. 
 14 L.R.A.(N.S.) 723. 
 
 4. Evidence in prosecution for. 
 
 Proof of corpus delicti in prosecution for. 
 68 L.R.A. 56, 70, 71, 73; L.R.A.1916B, 
 
 747. 
 
 Begin ivith this boofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1147 
 
 RAPE cont'd 
 
 Evidence of other crimes in prosecution for. 
 62 L.R.A. 314, 322, 329; 48 L.R.A. 
 CN.S.) 236. 
 
 Evidence of other crime in prosecution for 
 assault with intent to commit. 62 
 L.R.A. 228; 48 L.R.A.(N.S.) 236. 
 
 Presumption and burden of proof as to chas- 
 tity, where it is an ingredient of the 
 offense or a condition of conviction. 43 
 L.R.A.(N.S.) 476. 
 
 Right of accused to show unchastity of 
 prosecutrix in statutory rape. 48 
 L.R.A. (N.S.) 269. 
 
 Evidence of specific instances to prove char- 
 acter for chastity in prosecution for. 
 14 L.R.A. (N.S.) 714; L.R.A.1916B, 965. 
 
 Impeachment of character of prosecutrix for 
 chastity by proof of prior acts of in- 
 tercourse with defendant. 30 L.R.A. 
 (N.S.) 173. 
 
 May the corroboration of prosecutrix nec- 
 essary to conviction of rape be supplied 
 by her own complaints out of court. 
 26 L.R.A. (N.S.) 1149. 
 
 Admissibility of previous statements by a 
 witness out of court consistent with his 
 testimony. 41 L.R.A. (N.S.) 886. 
 
 Admissibility of declarations by prosecutrix 
 as res gestce. 19 L.R.A. 744. 
 
 Admissibility of declarations of infant too 
 young to be sworn as a witness at the 
 trial. 65 L.R.A. 316. 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence on prosecution 
 lor. 69 L.R.A. 204. 
 
 Letters identified only by prosecutrix as cor- 
 roboration of her testimony to prove 
 rape. 49 L.R.A. (N.S.) 1198. 
 
 Wife as witness against husband in prosecu- 
 tion for. L.R.A.1917E, 1134. 
 
 Admissibility against one spouse of evi- 
 dence of facts revealed by physical 
 examination of other spouse who would 
 l>e an incompetent witness. 49 L.R.A. 
 (N.S.) 563. 
 
 RATES. 
 
 1. Generally. 
 
 Of interest, see INTEREST, 19. 
 See also RENTALS. 
 
 Is exempt portion of estate to be included 
 or excluded in determining amount for 
 purpose of fixing rate of succession tax. 
 51 L.R.A.(N.S.) 1075. 
 
 Of compulsory pilotage fees. 39 L.R.A. 191. 
 
 Libel in charging one with exacting exces- 
 sive rates. 40 L.R.A. (N.S.) 79. 
 
 2. Of public service corporations. 
 
 Of carrier, see CARRIERS, 154-160. 
 
 For ferry, see FERRIES, 7. 
 
 For gas, see GAS, 7, 8. 
 
 Of insurance, see INSURANCE, 119. 
 
 For driving, floating, or rafting logs, see 
 
 LOGS AND LOGGING, 10. 
 For mills, see MILLS, 4. 
 Of telegraph company, see TELEGRAPHS, 7. 
 Consult also L.R.A. Digests of Cases. 
 
 RATES cont'd 
 
 Of telephone company, see TELEPHONES, 
 5-7. 
 
 Of warehousemen, see WAREHOUSEMEN, 3. 
 
 For water, see WATERS, 97, 120-123. 
 
 For use of wharf, see WHARVES, 10, 11. 
 
 Equity jurisdiction to fix, see EQUITY, 20. 
 
 Constitutionality of provision as to, see 
 CONSTITUTIONAL LAW, 143. 
 
 Reasonableness of matters relating to, see 
 REASONABLENESS, 4. 
 
 Valuation of public utility plants and re- 
 turn of public service corporation for 
 rate-making purposes, see PUBLIC 
 SERVICE CORPORATIONS, 5, 6. 
 
 Power of public service corporation as to 
 enforcing prompt payment of rentals, 
 see PUBLIC SERVICE CORPORATIONS, 3. 
 
 Right of state to maintain action to re- 
 cover excess rates or charges exacted 
 of individuals by public service corpo- 
 rations. L.R.A.1916C, 336. 
 
 Right of individual patron to question rea- 
 sonableness of rate of public utility if 
 within . limits of legislative authority. 
 L.R.A.1918A, 389. 
 
 Consumer's right to compel public service 
 corporation to respect rates stipulated 
 in contract with municipality. L.R.A. 
 1915D, 917. 
 
 Incorporation of territory into municipal- 
 ity as affecting existing contract of 
 public service in that territory as to 
 rate. L.R.A.1916A, 1071. 
 
 Giving of free service or reduced rates by 
 public service corporation to govern- 
 mental agencies, cities, schools, school 
 children, charities, and the like is un- 
 lawful discrimination. L.R.A.1918D, 
 904. 
 
 Jurisdiction of Public Utilities Commission 
 over rates as limited by constitutional 
 or statutory power of municipality to 
 regulate utilities. L.R.A.1918D, 315. 
 
 Exercise of rate-making power as illegal 
 interference with corporate manage- 
 ment of public utility. L.R.A.1918F, 
 277. 
 
 Power of municipality apart from contract 
 to regulate the rates to be charged by 
 public service corporations. 33 L.R.A, 
 (N.S.) 759; 43 L.R.A. (N.S.) 994. 
 
 Power of municipality operating a public 
 utility to make a special rate to a 
 particular company or person. L.R.A. 
 1916D, 996. 
 
 Kinds of business affected with a public in- 
 terest subjecting them to regulation 
 and control in respect to rates or 
 prices. 6 L.R.A. (N.S.) 834. 
 
 Suits concerning, against state officers, as 
 suits against the state. 44 L.R.A. 
 I N.S.) 215. 
 
 Right to reduce rates of public service 
 corporation fixed by franchise or 
 charter. L.R.A.1915C, 261. 
 
 Right to raise rates of public service corpo- 
 ration fixed by franchise. L.R.A. 1915C, 
 287. 
 
 Effect of contract with patrons to preclude 
 regulation of rates of public service 
 corporations. L.R.A.1915C, 282.
 
 1148 
 
 INDEX TO L.R.A. NOTES. 
 
 RATIFICATION. 
 
 1. Generally. 
 
 Of forged instrument or signature, see FOR- 
 GERY, 11. 
 
 Of loan, see LOAN, 2. 
 
 Of invalid marriage, see MARRIAGE, 7. 
 
 Of invalid contract, see CONTRACTS, 110, 
 111. 
 
 By corporation, see CORPORATIONS, 34. 
 
 Of agent's acts, generally, see PRINCIPAL 
 AND AGENT, 28-31. 
 
 Estoppel by, see ESTOPPEL, 12. 
 
 Necessity of ratifying payment of debt by 
 volunteer or stranger. 23 L.R.A. 122. 
 
 Of broker's acts in finding purchaser or in 
 exchanging principal's property. 44 
 L.R.A. 618. 
 
 Liability of municipal corporation for false 
 imprisonment and unlawful arrest as 
 affected by. 44 L'.R.A. 800. 
 
 Damages, for breach of warranty by exist- 
 ence of unexpired lease which has been 
 ratified by grantee. 35 L.R.A. (N.S.) 
 779. 
 
 Subsequent ratification of unauthorized de- 
 struction as revocation of will. 2 B. 
 R. C. 550. 
 
 Retention of consideration as a ratification 
 defeating defense that contract was 
 made on Sunday. 44 L.R.A. (N.S.) 289. 
 
 By connecting carrier of contract made by 
 initial carrier. 52 L.R.A. (N.S.) 865. 
 
 By grantee where agreement to pay mort- 
 gage is inserted in deed by mistake. 
 L.R.A.1918A, 1005. 
 
 Of purchase by executor or administrator at 
 his own sale. L.R.A.1918B, 43. 
 
 2. By husband. 
 
 Of debt previously contracted by wife by 
 
 husband's express promise to pay. 7 
 
 L.R.A. (N.S.) 1048. 
 Husband's liability for necessaries furnished 
 
 wife on ground of ratification. 47 
 
 L.R.A. (N.S.) 282. 
 Husband's liability on ground of ratification 
 
 for wife's purchases on his credit of 
 
 articles for her personal use. 65 L.R.A. 
 
 549. 
 
 3. By parent. 
 
 By parent of child's act in making contract 
 other than for necessaries. 39 L.R.A. 
 (N.S.) 885. 
 
 By parent of child's tort. 10 L.R.A. (N.S.) 
 937. 
 
 4. By employer. 
 
 Of employment of subagent by real estate 
 broker. 43 L.R.A. (N.S.) 802. 
 
 Of servant's wrongful appropriation of 
 thing bailed. 29 L.R.A. 96. 
 
 Of servant's wrongful act by retaining him 
 in service. L.R.A.1918B, 155. 
 
 Employer's ratification of independent con- 
 tractor's tort as affecting former's lia- 
 bility for injuries occurring during 
 work. 66 L.R.A. 956. 
 
 RATIFICATION cont'd 
 5. By partners. 
 
 Of acts of partner with respect to partner- 
 ship real estate. 28 L.R.A. 101. 
 
 Of note given by member of firm after disso- 
 lution in payment of firm debt. 32 
 L.R.A. (N.S.) *260. 
 
 6. By client. 
 
 Of unauthorized compromise of action by 
 attorneys. 31 L.R.A. (N.S.) 529. 
 
 Of unauthorized employment of associate 
 counsel. 23 L.R.A. '(N.S.) 708. 
 
 Effect of failure to object before judgment 
 to unauthorized appearance by an attor- 
 ney upon right to relief from judgment. 
 L.R.A.1918B, 899. 
 
 RATS. 
 
 See VERMIN. 
 
 RAVINES. 
 
 As water courses. 15 L.R.A. 630. 
 
 RAVISHMENT. 
 
 See RAPE. 
 
 READING BILTLS. 
 
 Showing by journal nonobsej-ra-rice Of re- 
 quirement as to reading bill. 4b 'L.R.A.. 
 (N.S.) 14. 
 
 Of single statute enacting code, compilation 
 of laws, or amendment o* numerous sec- 
 tions thereof in enacting same. 55 
 L.R.A. 835. 
 
 READVERTIS'EMENT. 
 
 On rejecting bids for public contract. 2ft 
 
 L.R.A. 710. 
 Necessity of, on judicia 1 sale on adjourned 
 
 or postponed date 38 L.R.A. (N.S.) 
 
 249. 
 
 REAL, ESTATE AGENT. 
 
 See BROKERS. 
 
 Begin tvith this boofc on every laic question. 
 
 REAL PARTY IN INTEREST. 
 
 As proper party to bring suit, see PARTIES, 
 3.
 
 INDEX TO L.R.A. NOTES. 
 
 1149 
 
 REAL PROPERTY. 
 
 1. Generally. 
 
 Abstracts of title, see ABSTRACTS. 
 
 Adverse possession of, see ADVERSE POSSES- 
 SION. 
 
 Assault in protection of, see ASSAULT AND 
 BATTERY, 5. 
 
 Injury to, by blasting, see BLASTING. 
 
 Boundaries of, set; BOUNDARIES. 
 
 Cloud on title of, see CLOUD ON TITLE. 
 
 Conditions relating to, see CONDITIONS, II. 
 
 Conflict of laws as to rights in, see CONFLICT 
 OF LAWS, 26, 27. 
 
 Construction of contracts relating to, see 
 CONTRACTS, 67. 
 
 Right of corporation to take or own, see 
 CORPORATIONS, 26, 26a, 142. 
 
 Right of foreign corporation to o\vn, see 
 CORPORATIONS, 142. 
 
 Covenants restricting use of premises, see 
 COVENANTS, 5-7, 21-25. 
 
 Jurisdiction in matters affecting land in 
 other state, see COURTS, 21, 22. 
 
 Covenants relating to, see COVENANTS. 
 
 Damages for injury to, see DAMAGES, 10, 
 71-79. 
 
 Measure of damages to real property from 
 nuisance, see DAMAGES, 17, 80. 
 
 Measure of damages for breach of contract 
 as to. see DAMAGES, 31-34. 
 
 Dedication of, see DEDICATION. 
 
 Description of. see DESCRIPTION, 4. 
 
 Condemnation of, see EMINENT DOMAIN. 
 
 Equitable conversion of personalty into, see 
 EQUITABLE CONVERSION ; WILLS, 
 116-118. 
 
 Estoppel to claim after acquired title, see 
 ESTOPPEL. 5. 
 
 Admissibility of declarations of former own- 
 er, see EVIDENCE, 233. 
 
 Injunction as to, see INJUNCTION, 19-24. 
 
 Conclusiveness of judgment in action re- 
 lating to, see JUDGMENT, 37, 37a. 
 
 Limitation of actions as to, see LIMITATION 
 OF ACTIONS. 9, 39-43, 55-57. 
 
 Matters as to Us pendens, see Lis PENDENS. 
 
 Notice of rights in, see NOTICE, 16, 17. 
 
 Parties plaintiff in action affecting, see PAR- 
 TIES. 4. 
 
 Partition of, see PARTITION. 
 
 Partnership to deal in, see PARTNERSHIP, 
 4. 
 
 Rights of deceased partner's estate as to, 
 see PARTNERSHIP, 47. 
 
 Possession of, see POSSESSION, 1-4. 
 
 Protest as to rights in, see PROTEST, 3. 
 
 Possession of, see POSSESSION, I. 
 
 Valuation of property of public utility cor- 
 porations, see PUBLIC SERVICE CORPO- 
 RATIONS, 5. 
 
 Recording of instruments affecting real 
 property, see RECORDS AND RECORDING 
 LAWS. 12-27. 
 
 Timber on. see TIMBER. 
 
 Contracts for. see CONTRACTS, 40-49, 58, 
 59 : SPECIFIC PERFORMANCE ; VENDOR 
 AND PURCHASER. 
 
 Rights in land under water, see WATERS, 
 12-17. 
 
 Probate of wills relating to, see WILLS, 
 47-56. 
 
 Consult alsn L.R.A. Digests of Cases. 
 
 REAL PROPERTY cont'd 
 
 As to fixtures, see FIXTURES. 
 
 As to flats, see FLATS. 
 
 As to mines, see MINES. 
 
 Partnership land, see PARTNERSHIP, 18- 
 
 24. 
 
 Public lands, see PUBLIC LANDS. 
 Tide land, see TIDE LANDS. 
 
 Effect of foreign bankruptcy or insolvency 
 proceedings or assignment for creditors 
 upon. 23 L.R.A. 44; 65 L.R.A. 362. 
 
 Situs of, for purposes of administration. 
 24 L.R.A. 688. 
 
 Right to plead inconsistent defenses in ac- 
 tions relating to. 48 L.R.A. 198. 
 
 Right of insane person to institute proceed- 
 ings affecting, before commission of 
 lunacy. 64 L.R.A. 524. 
 
 Power to fill low lands at expense of owner. 
 30 L.R.A.(N.S.) 709. 
 
 May a state court protect an inchoate in- 
 terest in real property under attach- 
 ment in suit pending in Federal court 
 or vice versa. 6 L.R.A. (N.S.) 624. 
 
 Removal to Federal court of actions relatim' 
 to. 5 L.R.A. (N.S.) 69. 
 
 Lien on, acquired by service of notice in 
 supplementary proceedings. 3 L.R.A. 
 (N.S.) 129. 
 
 Federal courts following state decisions as 
 to questions concerning. 40 L.R.A. (N. 
 S.) 380. 
 
 Duress of real property. L.R.A.1915B, 498. 
 
 Doctrine as to possibility of issue extinct as 
 affecting property rights. 48 L.R.A. 
 (N.S.) 865. 
 
 Real property or things savoring of realty 
 as the subject of larceny. 49 L.R.A*. 
 (N.S.) 965. 
 
 Right of action for statements affecting 
 value of real property, other than those 
 relating to title. 6 B. R. C. 509. 
 
 Real estate as "effects" within meaning of 
 will. L.R.A.1918F, 775. 
 
 2. What regarded as. 
 
 What constitutes real property for purpose 
 of taxation, see TAXES, 21. 
 
 See also EQUITABLE CONVERSION; WILLS, 
 116-118. 
 
 Rights under optional land contract as real 
 or personal property. L.R.A. 1916F, 
 358. 
 
 Classification of growing fruit as. 16 L.R.A. 
 103. 
 
 Oil and gas lease as real property. 42 
 L.R.A. (N.S.) 472. 
 
 Whether railroad is real estate or personal- 
 ty. 66 L.R.A. 33. 
 
 Nature of interest of vendor or vendee in a 
 land contract as real or personal prop- 
 erty. 57 L.R.A. 643. 
 
 3. Title to, or estate in. 
 
 Estate by curtesy in, see CURTESY, 21. 
 Dower in, see DOWER. 
 Homestead in, see HOMESTEAD. 
 By adverse possession, see ADVEBSE POSSES- 
 SION. 
 Rights of cotenants as to, see COTENANCY.
 
 1150 
 
 INDEX TO L.R.A. NOTES. 
 
 REAL PROPERTY cont'd 
 
 Effect on legal title of a conveyance in 
 fraud of creditors, see FRAUDULENT 
 CONVEYANCES, 4. 
 
 Rights of husband and wife in, see HUSBAND 
 AND WIFE, IV. 
 
 Respective rights of life tenants and re- 
 maindermen, see LIFE TENANTS. 
 
 Notice of rights in, see NOTICE, 16, 17. 
 
 Notice of, from possession of land, see NO- 
 TICE, 17. 
 
 Estoppel of one who permits title of real 
 property to stand in another's name 
 to assert title as against the latter's 
 creditors. 46 L.R.A. (N.S.) 1097. 
 
 Effect upon title to real property of ap- 
 pointment of foreign receiver. 23 
 L.R.A. 57. 
 
 Sufficiency of equitable title to sustain ac- 
 tion for injury to. 30 L.R.A.(N.S.) 
 231. 
 
 4. Sale or transfer of. 
 
 Liability for defects in abstract of title, see 
 ABSTRACTS, 2. 
 
 Conflict of laws as to transfer of, see CON- 
 FLICT OF LAWS, 25, 28, 29. 
 
 Extent of recovery for taking of, undei 
 power of eminent domain, see DAM- 
 AGES, 82-93. 
 
 Conveyances of, generally, see DEEDS; QUIT- 
 CLAIM DEED. 
 
 As to champertous conveyances, see CHAM- 
 PERTY AND MAINTENANCE. 
 
 Character and nature of estate passing un- 
 der deed, see DEEDS, 28-31. 
 
 Taking of, under power of eminent domain, 
 see EMINENT DOMAIN. 
 
 Power of personal representative to sell, 
 see EXECUTORS AND ADMINISTRATORS, 
 17. 
 
 Sale of, by personal representative, see EX- 
 ECUTORS AND ADMINISTRATORS, 59. 
 
 Gift of, see GIFT, 5. 
 
 Sale of, by guardian, see GUARDIAN AND 
 WARD, 14. 
 
 Conveyance of, in fraud of creditors, see 
 FRAUDULENT CONVEYANCES. 
 
 Injunction against transfer of, see INJUNC- 
 TION, 15. 
 
 Lease of, see LANDLORD AND TENANT, III. 
 
 As subject of levy, see LEVY AND SEIZURE, 
 4. 
 
 Mortgage of, see MORTGAGE. 
 
 Partition of, see PARTITION. 
 
 Perpetuities and suspension of power of 
 alienation, see PERPETUITIES. 
 
 Sale under power, see POWERS. 
 
 Rights, duties and liabilities on transfer of, 
 see VENDOR AND PURCHASER. 
 
 Character and nature of estate passing un- 
 der will, see WILLS, 77-102. 
 
 Devise of, generally, see WILLS, V. 
 
 Effect of a devise or bequest of business to 
 carry the realty upon which the busi- 
 ness is conducted. L.R.A.1917D, 439. 
 
 Devise of real property by nuncupation. 
 L.R.A.1916E, 1132. 
 
 Degree of proof necessary to establish parol 
 gift of. 9 L.R.A.(N.S.) 508. 
 
 Sale of, as an abandonment. 10 L.R.A. (N. 
 S.) 633. 
 
 REAL PROPERTY cont'd 
 
 Validity of sale of, in violation of law. 12 
 L.R.A. (N.S.) 598. 
 
 Right to preliminary injunction which 
 would have effect of transferring pos- 
 session from defendant to plaintiff. 39 
 L.R.A.(N.S.) 31, 
 
 REASONABLE DOUBT. 
 
 Proof beyond in criminal case, see EVIDENCE, 
 323-325. 
 
 Degree of certainty necessary to establish 
 fraud in a civil action. 33 L.R.A. (N. 
 S.) 836. 
 
 Instruction in homicide cases upon rule of 
 reasonable doubt with reference to 
 cause of death. 49 L.R.A. (N.S.) 913. 
 
 REASONABLENESS. 
 
 1. Generally. 
 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 110. 
 Of time, see TIME, 6, 12. 
 Question for jury as to, see TRIAL, 23, 24. 
 
 Of rule in Shelley's Case. 29 L.R.A. {N.S.) 
 988. 
 
 Reasonableness of use after breach of war- 
 ranty or noncompliance with contract 
 of sale as a question for court or jurv. 
 36 L.R.A. (N.S.) 474. 
 
 Rights conferred by grant of unrestricted 
 easement as limited to a reasonable use. 
 15 L.R.A. (N.S.) 292. 
 
 Of agreement in restraint of trade ancillary 
 to sale of business or profession. 24 
 L.R.A. (N.S.) 913. 
 
 Of sum of which carrier may be required 
 to take passenger's fare and return 
 change. 35 L.R.A. 489; 21 L.R.A.(N.S.) 
 868. 
 
 Of detention of prisoner as affecting of- 
 ficer's liability. 51 L.R.A. 216. 
 
 Of classifications for purposes of corporate 
 taxation. 60 L.R.A. 345. 
 
 Of punishment of pupil. 65 L.R.A. 897. 
 
 Of fines in loan associations. 35 L.R.A. 217. 
 
 Of amount of alimony awarded on absolute 
 divorce. 44 L.R.A. (N.S.) 1015. 
 
 Of agreement in restraint of trade ancil- 
 lary to sale of business or profession. 
 L.R.A.1916C, 626. 
 
 Of regulations as to speed of automobiles. 
 UR.A.1918D, 135. 
 
 2. Matters as to banks. 
 
 Of care of savings bank in paying out de- 
 posits to fraudulent claimants. 69 
 L.R.A. 317. 
 
 Of by-law of savings bank for protection of 
 depositors from payments to fraudu- 
 lent claimants. 69 L.R.A. 326. 
 
 3. Matters as to waters. 
 
 Of correlative acts of upper and lower pro- 
 prietors as to use and flow of water in 
 stream. 41 L.R.A. 738. 
 
 Begin iHtJi this 6oo7c on every law question.
 
 INDEX TO L.RJL NOTES. 
 
 1151 
 
 REASONABLENESS cont'd 
 
 Of use of percolating water. 6 L.R.A.(N.S.) 
 
 266. 
 Discontinuing service to compel payment of 
 
 unreasonable water bill. 31 L.R.A. (N. 
 
 S.) 303. 
 
 4. Matters as to rates or prices. 
 
 Of license fees, see LICENSE, 47-49. 
 
 Reasonable return to which public service 
 corporations are entitled. L.R.A. 
 1915A, 21. 
 
 Tests of reasonableness of tolls, rates, or 
 prices fixed by legislature. 33 L.R.A. 
 185. 
 
 Elements entering into determination of 
 reasonableness of railroad rates pre- 
 scribed by state for local traffic. 15 
 L.R.A.(N.S.) 108; 25 L.R.A. (N.S.) 
 1001. 
 
 Right to question reasonableness of statu- 
 tory rate for gas. 15 L.R.A. (N.S.) 763. 
 
 Discontinuing service to compel payment of 
 unreasonable water bill. 31 L.R.A. (N. 
 S.) 303. 
 
 5. Mailers as to skill, care, or negli- 
 gence. 
 
 Of municipal diligence in caring for condi- 
 tion of streets. 20 L.R.A. (N.S.) 581. 
 
 6. Of amount fixed as liquidated 
 damages. 
 
 Reasonableness of amount stipulated for as 
 liquidated damages in land contract. 
 34 L.R.A.(X.S-) 27. 
 
 Of stipulation for damages in building con- 
 tracts as determining whether penalties 
 or liquidated damages are intended. 
 34 L.R.A. (N.S.) 600. 
 
 8 7. Of by-laws, rules, and regulations. 
 
 Of carrier's rules, see CARBIEBS, 4. 
 
 Of regulation of draymen. 45 L.R.A. (N.S.) 
 1156. 
 
 Of new by-laws as implied condition of 
 consent to change of by-laws. 8 L.R.A. 
 (N.S.) 521. 
 
 Of by-law of savings bank for protection of 
 depositors from payment to fraudulent 
 claimants. 69 L.R.A. 326. 
 
 Of regulation of public service corporation 
 requiring payment of- rentals in ad- 
 vance. 19 L.R.A. (N.S.) 693; 31 L.R.A. 
 (N.S.) 319. 
 
 Of ordinance affecting operation of rail- 
 roads. 5 L.R.A. (N.S.) 193. 
 
 Of rules as to office hours of telegraph com- 
 panies. 53 L.R.A. 732. 
 
 Of rules promulgated for conduct of mas- 
 ter's business. 43 L.R.A. 361. 
 
 REASONABLE TIME. 
 
 See TIME, 6, T2. 
 
 Consult also L.R.A. Digests of Cases. 
 
 REASSESSMENT. 
 
 For local improvement, see PUBLIC IMPBOVE- 
 
 MENTS, 30. 
 Of taxes, see TAXES, 59. 
 
 REASSIGNMENT. 
 
 Of homestead, see HOMESTEAD, 21. 
 
 REBATES. 
 
 By carrier, see CARRIERS, 160. 
 
 Validity of contract for. 12 L.R.A. (N.S.) 
 609. 
 
 Validity of rebate plan to control price at 
 which an article shall be resold. 27 
 L.R.A.(N.S.) 396. 
 
 Custom among real estate agents to take re- 
 bates from other party as affecting 
 right to compensation from employer. 
 
 34 L.R.A. (N.S.) 1047. 
 Applicability of statute against rebates to 
 
 allowance by agent to insured of part 
 of former's commission. 23 L.R.A. (N. 
 S.) 722. 
 
 General liability of municipality for assess- 
 ments for local improvements where it 
 grants rebates to property owners. 32 
 L.R.A.(N.S.) 178. 
 
 Criminal responsibility of corporation for 
 granting. 2 B. R. C. 252. 
 
 Recovering back, invalid tax paid to obtain 
 rebate. 28 L.R.A. (N.S.) 1045. 
 
 Agreement made at inception of insurance 
 policy with respect to payment of pre- 
 miums as discrimination or rebate. 
 L.R.A.1918D, 194. 
 
 Effect of rebate on insurance premium vipon 
 contract of insurance and its incidents. 
 
 35 L.R.A. (N.S.) 485; 49 L.R.A. (N.S.) 
 147. 
 
 REBELLION. 
 
 Right to recover price of property sold in 
 aid of rebellion. 15 L.R.A. 834. 
 
 REBUILDING. 
 
 Insurer's option as to, see INSURANCE, 174. 
 
 REBUKE. 
 
 To attorney during trial as prejudicing 
 rights of party. 42 L.R.A. (N.S.) 42&. 
 
 REBUTTAL. 
 
 See EVIDENCE, 276, 277.
 
 1152 
 
 INDEX TO L.E.A. NOTES. 
 
 RECALL. 
 
 See INITIATIVE, REFERENDUM, AND RECALL, 
 2. 
 
 RECAPTURE. 
 
 Of property, assault during, see ASSAULT 
 AND BATTERY, 5. 
 
 Of personal property generally, see PERSON- 
 AL PROPERTY, 8. 
 
 Right of peace officer to enter dwelling to 
 recapture escaping prisoner. 16 L.R.A. 
 501. 
 
 Homicide in making. 67 L.R.A. 303. 
 Escaped convicts. 67 L.R.A. 303. 
 
 Right of seamen to salvage on recapture of 
 ship from pirates, enemeis, or bellig- 
 erents. 64 L.R.A. 199. 
 
 RECEIPT. 
 
 1. Generally. 
 
 Admissibility of, in evidence, see EVIDENCE, 
 
 136. 
 Of warehouseman, see WAREHOUSEMEN, 5. 
 
 Parol evidence to vary, in favor of or 
 against a stranger to the contract. 
 L.R.A.1916A, 597, 608. 
 
 For part payment, as accord and satisfac- 
 tion. 20 L.R.A. 787 ; L.R.A.1917A, 719. 
 
 Demanding receipt as condition of payment 
 as duress. 1 L.R.A. (N.S.) 867.* 
 
 To whom delivery may be made under ship- 
 ping receipts. 38 L.R.A. 362. 
 
 2. Alteration or forgery of. 
 
 Presumption as to time of alteration in. 
 
 39 L.R.A. (N.S.) 100. 
 Forgery by making or altering. 54 L.R.A. 
 
 796. 
 Uttering or publishing of forged receipt. 8 
 
 L.R.A.(N.S.) 1178. 
 
 3. Effect of. 
 
 As evidence of payment as against third 
 parties. 29 L.R.A. 737. 
 
 Right of insurance company to rely on 
 clause giving it option as to payee 
 of proceeds of policy and making re- 
 ceipt conclusive evidence of payment 
 to proper person. 20 L.R.A. (N.S.) 
 928. 
 
 As affecting question .whether taking of 
 commercial paper operates as payment 
 of debt. 35 L.R.A.(N.S.) 103. 
 
 Effect of giving receipt on transfer with- 
 out indorsement of worthless check or 
 note of third person. 10 L.R.A. (N.S.) 
 539. 
 
 Effect of receipt by carrier for goods sold 
 to satisfy statute of frauds. 22 L.R.A. 
 426. 
 
 Begin rcith this feoofc on every law question. 
 
 RECEIVERS. 
 
 /. In general, 1. 
 II. Appointment, 2-1O. 
 III. RigJits and powers, 11-14. 
 IV. Liability; claims; priorities; set- 
 off; receivers' certificates; liens, 
 15-21. 
 
 V. Actions; accounting; garnish- 
 ment of, 22-25. 
 VI. Cost of receivership, 26. 
 VII. Foreign receivers, 27. 
 VIII. Sales by, S 28. 
 
 I. In general. 
 
 1. Generally. 
 
 Taxation of property in hands of receiver. 
 
 L.R.A.1915E, 211. 
 Injunction against strike by employees of. 
 
 28 L.R.A. 471. 
 Whose servants are employees operating 
 
 railroads for receivers. 37 L.R.A. 85. 
 Right of officer of corporation to refuse 
 
 to turn over books to a receiver upon 
 
 the ground that they have a tendency 
 
 to incriminate him/ 30 L.R.A. (N.S.) 
 
 725. 
 Federal courts following state decisions as 
 
 to construction and effect of statutes' 
 
 relating to receiverships. 40 L.R.A. 
 
 (N.S.) 431. 
 Effect of bankrupt law on receiverships. 45 
 
 L.R.A. 190. 
 Liability of corporation on cause of action 
 
 for tort arising while the corporation 
 
 was in the hands of a receiver. L.R.A. 
 
 191 8F, 320. 
 
 //. Appointment. 
 
 2. Generally. - 
 
 Appointment of receivers of corporation to 
 protect creditors. 20 L.R.A. 214. 
 
 Appointment of receiver for dissolved cor- 
 poration. L.R.A.1917D, 1035. 
 
 Dissensions in management of corporation as 
 ground for appointment of receiver. 
 L.R.A.1918D, 229. 
 
 Right of stockholder to sue for appointment 
 of receiver on account of transactions 
 occurring prior to his acquisition of 
 stock. L.R.A.1917F, 704. 
 
 Right of simple contract creditor to the ap- 
 pointment of a receiver of the property 
 of his individual or linn debtor. L.R.A. 
 1918C, 632. 
 
 Right to have receiver appointed to take 
 charge of claims not legally or equita- 
 bly enforceable. 5 L.R.A. (N.S.) 771. 
 
 When may notice of application for ap- 
 pointment of receiver of growing crop 
 be dispensed with. 11 L.R.A.(N.S.) 
 960. 
 
 Time from which order appointing receiver 
 becomes operative. 15 L.R.A. (N.S.) 
 657. 
 
 3. Jurisdiction to appoint. 
 
 Jurisdiction of equity to appoint receiver 
 of real property in another state or 
 country. 69 L.R.A. 693.
 
 INDEX TO L.R.A. NOTES. 
 
 1153 
 
 RECEIVERS, II. cont'd 
 
 Jurisdiction of equity to appoint to pre- 
 serve status quo pending action or 
 proceedings before other tribunal. 38 
 L.R.A. (X.S.) 228. 
 
 Inherent jurisdiction of equity, inde- 
 pendently of statute, at the instance of 
 stockholders, to appoint a receiver 
 because of mismanagement or fraud of 
 its officers. 39 L.R.A.(N.S.) 1.032; 
 L.R.A.1915A, 606. 
 
 Power to appoint receiver for foreign cor- 
 poration for which no domiciliary re- 
 ceiver has been appointed. L.R.A. 
 1917D, 295. 
 
 4. Exhausting remedies at law as a 
 condition of judgment creditor's 
 right to a receivership. 
 
 General rule. 33 L.R.A. 646. 
 
 Common-law writ must have been sued out. 
 33 L.R.A. 546. 
 
 Necessity of a return. 33 L.R.A. 546. 
 
 Remedies must be shown to have been ex- 
 hausted. 33 L.R.A. 548. 
 
 Irregular return. 33 L.R.A. 549. 
 
 What other remedy will bar receivership. 
 33 L.R.A. 549. 
 
 Statutory changes. 33 L.R.A. 549. 
 
 Supplementary proceedings. 33 L.R.A. 550. 
 
 Effect of laches. 33 L.R.A. 551. 
 
 5. Power to appoint receivers of cor- 
 poration when no other relief 
 asked. 
 
 Appointing receivers of corporations in a 
 direct action for that purpose. 20 
 L.R.A. 210. 
 
 Proceedings under the statutes. 20 L.R.A. 
 211. 
 
 In case of consent. 20 L.R.A. 213. 
 
 Right to receiver on failure to elect officers 
 or upon corporation ceasing to act. 20 
 L.R.A. 213. 
 
 Appointment of receivers where the officers 
 disagree as to management. 20 L.R.A. 
 213. 
 
 Appointment of receivers in case of mis- 
 management. 20 L.R.A. 214. 
 
 Requiring a stockholder to seek relief first 
 from the corporation. 20 L.R.A. 214. 
 
 Appointment of receivers for building as- 
 sociations. 20 L.R.A. 214. 
 
 Receiver to protect creditors. 20 L.R.A. 
 214. 
 
 6. Effect of appointment. 
 
 Exclusiveness of jurisdiction first acquired 
 where receiver has been appointed, see 
 COURTS, 50. 
 
 Effect of appointment of, on compensation 
 of officers, agents, or employees for 
 unexpired term. 51 L.R.A. 146. 
 
 Effect of appointment of receiver for in- 
 sured on fire insurance. 19 L.R.A. 
 (N.S.) 643. 
 
 Effect of, on right of set-off. 17 L.R.A. 458. 
 
 Effect of appointment of receiver for cor- 
 poration on right to deal with corpora- 
 tion directly. 34 L.R.A. (N.S.) 1200. 
 
 To whom notice of protest or nonpayment 
 of bill or note should be given after 
 appointment of receiver. 61 L.R.A. 
 900. 
 
 RECEIVERS, II. cont'd 
 
 Service of process after appointment of re- 
 ceiver upon person designated by stat- 
 ute to receive service for corporation. 
 47 L.R.A.(N.S.) 179. 
 
 Appointment of receiver for corporation as 
 affecting its right to sue. 50 L.R.A. 
 (N.S.) 384. 
 
 Interest during receivership on claims accru- 
 ing prior to appointment of receiver. 
 L.R.A.1917D, 1157. 
 
 7. Exclusiveness of jurisdiction by 
 appointment of. 
 
 See COUETS, 50. 
 
 8. Appeal from order appointing. 
 
 Effect of appeal from order appointing a 
 receiver of corporation to enable a 
 court of concurrent jurisdiction to take 
 jurisdiction. 22 L.R.A.(N.S.) 316. 
 
 Effect of order to turn back the property 
 after appeal from appointment of re- 
 ceiver, upon right of other courts to 
 exercise jurisdiction over it. 15 L.R.A. 
 (N.S.) 963. 
 
 9. Costs in suit for appointment. 
 
 Costs of receivership, see infra, 26. 
 
 Allowance of attorney's fees in suit for 
 appointment of receiver of corporation. 
 54 L.R.A. 823. 
 
 10. Bonds of receiver. 
 
 Effect on surety on bond of, of judgment 
 against principal. 40 L.R.A. (N.S.) 
 721; L.R.A.1918E, 818. 
 
 I/I. Ri glits and powers of. 
 
 11. Generally. 
 
 Action by, see infra, 22. 
 
 Right of receiver in supplementary proceed- 
 ings to contest will. L.R.A.1918A, 462. 
 
 Right of receiver to question validity of 
 attachment. 35 L.R.A. 770. 
 
 Right of receiver of drawer, appointed after 
 the issuance of a draft or check but 
 before its presentation, as against the 
 holder. 2 L.R.A. (N.S.) 83. 
 
 Right of receiver to appeal. L.R.A.1915D, 
 802. 
 
 Right of lessor as against receiver of lessee 
 to declare forfeiture for breach of con- 
 ditions or covenants prior to appoint- 
 ment. L.R.A.1915B, 998. 
 
 Right of receiver of insurance company to 
 fund deposited with state official to se- 
 cure performance of contract. 46 L.R.A. 
 (N.S.) 387. 
 
 Power of railway receiver to contract for 
 transportation beyond own line. 31 
 L.R.A.(N.S.) 33. 
 
 Authority of receiver of initial carrier to 
 extend its undertaking beyond its own 
 line. 31 L.R.A.(N.S.) 33. 
 
 Right of receiver of foreign corporation to 
 question its contracts upon the ground 
 that it had not complied with condi- 
 tions of doing business. L.R.A.1918A, 
 504. 
 
 Consult also L.R.A. Digests of Cases. 73
 
 1154 
 
 INDEX TO L.R.A. NOTES. 
 
 RECEIVERS, III. cont'd 
 
 Right of receiver in behalf of general cred- 
 itors to complain of failure to record 
 contract of conditional sale. L.R.A. 
 1917C, 442. 
 
 12. Right of possession. 
 
 Effect of attachment of real estate to defeat 
 the right of possession of receiver sub- 
 sequently appointed by another court. 
 3 L.R.A./N.S.) 1073. 
 
 Right of receiver to take property from pos- 
 session of stranger. 47 L.R.A. 
 (N.S.) 744. 
 
 13. Right to compensation. 
 
 Right of partner appointed receiver on 
 liquidation to compensation. 17 L.R.A. 
 (N.S.) 399; L.R.A.1917F, 576. 
 
 Right of surviving partner acting as re- 
 ceiver to compensation. 17 L.R.A. 
 (N.S.) 408. 
 
 Right of receiver to appeal from order 
 affecting his compensation. L.R.A. 
 1915D, 808. 
 
 14. Right to deal with receivership 
 for own benefit. 
 
 Right to purchase. 1 B. R. C. 411. 
 Dealings otherwise than by purchase. 1 
 B. R. C. 413. 
 
 IV. Liability; claims; priorities; set- 
 off; receivers' certificates; liens. 
 
 15. Generally. 
 
 Actions against, see infra, 23. 
 Accounting by, see infra, 24. 
 Garnishment of, see infra, ?5. 
 Liability for interest, see INTEREST, 15. 
 Liability for rent of premises occupied by, 
 see LANDLORD AND TENANT, 86. 
 
 Liability of arbitrators as receivers of 
 property. 42 L.R.A.(N.S.) 281. 
 
 Personal liability of receiver who signs 
 contract adding words indicating repre- 
 sentative capacity to his signature. 42 
 L.R.A.(N.S.) 61. 
 
 16. For what liable. 
 
 Liability for interest, see INTEREST, 15. 
 
 For torts or negligence of servants. 63 
 
 L.R.A. 228. 
 Liability of the receiver of a railroad for 
 
 personal injuries or death caused by 
 
 its operation. 15 L.R.A. 262. 
 Liability for paving assessment on street 
 
 railway. 46 L.R.A. 201. 
 Obligation of receiver on the contract of 
 
 the party whose property he holds. 16 
 
 L.R.A. 90. 
 Liability for rent of premises occupied by. 
 
 59 L.R.A. 673. 
 Duty of receiver of fund to pay funeral 
 
 expenses. 23 L.R.A. (X.S.) 201. 
 Liability of receiver for acts or contracts 
 
 of former receiver. L.R.A.1916C, 520. 
 Liability of receiver for continuance ot 
 
 nuisance created before his appoint- 
 ment. L.R.A.1916F, 1020. 
 
 Begin 'with tliis booTc on every law question. 
 
 RECEIVERS, IV. cont'd 
 
 Criminal liability of railroad company in 
 
 hands of receiver for blocking street 
 
 or highway crossing. L.R.A.1915B, 
 
 329. 
 Liability of, for loss of money deposited in 
 
 bank. 45 L.R.A. (N.S.) 17. 
 Liability of receiver for wrongfully taking 
 
 property from possession of stranger. 
 
 47 L.R.A.(N.S.) 756. 
 
 17. Priority of claims. 
 
 Right of preferred stock to preference as 
 
 to capital. 21 L.R.A.(N.S.) 288. 
 Are claims of creditors of an insolvent com- 
 pany who undertake to conduct its 
 business postponed to claims or debts 
 incurred during their management. 24 
 L.R.A.(N.S.) 1166. 
 
 Priority of claims against property in hands 
 of receiver over recorded liens. 2 
 L.R.A.(N.S.) 1013; 41 L.R.A. 
 (N.S.) 695. 
 
 g 18. Set-off. 
 
 Set-off of claims. 23 L.R.A. 313. 
 
 Effect of appointment of receiver on right 
 
 of set-off. 17 L.R.A. 458. 
 Right to set-off against receiver claims 
 
 purchased after insolvency. 21 L.R.A, 
 
 280. 
 
 19. Liens. 
 
 Power to permit receiver of a private cor- 
 poration to create liens on its prop- 
 erty. 16 L.R.A. 603. 
 
 20. Receivers' certificates. 
 
 Priority of receivers' certificates of indebt- 
 edness. 9 L.R.A. 143;' 2 L.R.A. (X.S.) 
 1052, 1063. 
 
 21. Liability of insolvent for acts ol 
 receiver. 
 
 Criminal prosecution of corporation for act 
 or omissions while in the hands of a 
 receiver. 26 L.R.A. 710. 
 
 V. Actions; accounting; garnishment 
 of. 
 
 22. Actions by. 
 
 To enforce liability of stockholders, see 
 CORPORATIONS, 116a. 
 
 As real party in interest by whom action 
 must be brought. 64 L.R.A. 609. 
 
 Collection of notes by receiver of mutiial 
 fire insurance company. 32 L.R.A. 486. 
 
 Power of receiver to sue out jurisdiction 
 of appointment. 4 L.R.A. (N.S.) 824. 
 
 Right of foreign receiver to sue. 23 L.R.A. 
 54. 
 
 Right of creditor, who is also a stock- 
 holder of an insolvent corporation, to 
 offset debt due from corporation in 
 action by receiver to enforce his statu- 
 tory liability. 41 L.R.A.(N.S.) 996. 
 
 23. Actions against. 
 
 Necessity of leave of court for enforcement 
 of order of Public Service Commission 
 against receiver operating utility. 
 L.R.A.1918E, 315.
 
 INDEX TO L.K.A. NOTES. 
 
 1155 
 
 RECEIVERS, V. cont'd 
 
 Jurisdiction of equity to try claims against 
 its receiver, which involve purely legal 
 questions. 13 L.R.A. ( A .S.) 709. 
 
 Service of process in action against re- 
 ceiver upon- person designated by stat- 
 ute to receive service for corporation. 
 47 L.R.A.(N.S.) 181. 
 
 Right of receiver to appeal. L.R.A. 1915D, 
 802. 
 
 24. Accounting by. 
 
 Right of court to surcharge account of, in 
 absence of objection to account, or 
 upon an objection by amicus c-urice. 
 18 L.R.A.(N.S.) 284. 
 
 Right of receiver to appeal from decree 
 settling his accounts. L.R.A.1915D, 
 808. 
 
 25. Garnishment of. 
 
 Garnishment of money due from. 26 L.R.A. 
 
 218. 
 Right to attach or garnish fund in hands 
 
 of, after direction to pay same to party. 
 
 33 L.R.A.(N.S.) 758; 30 L.R;A.(N.S.) 
 
 720. 
 
 VI. Cost of receivership. 
 
 26. Generally. 
 
 Costs in suit for appointment of receiver, 
 see supra, 9. 
 
 Liability for cost of receivership where final 
 judgment is against the party who 
 procured the receivership. 25 
 L.R.A.(N.S.) 412. 
 
 Right of receiver to be indemnified for costs 
 of defending an action charging him 
 with fraud or misconduct. 2 B. R. C. 
 423. 
 
 What court has jurisdiction to fix attor- 
 neys' fees for services in suit by or 
 against receiver. L.R.A. 1915F, 1219. 
 
 VII. Foreign receivers. 
 
 27. Generally. 
 
 Conflict of laws as to matters affecting re- 
 ceiver, see CONFLICT OF LAWS, 25. 
 
 Service of process after appointment of for- 
 eign receiver upon person designated 
 by statute to receive service for cor- 
 poration. 47 L.R.A. (N.S.) 181. 
 Power of receiver to sue out of jurisdiction 
 
 of appointment. 4 L.R.A. (N.S.) 824. 
 Rights of receiver as to property outside 
 of the jurisdiction in which he is 
 appointed. 23 L.R.A. 52. 
 
 VIII. Sales by. 
 
 28. Generally. 
 
 Sale by receiver as violation of covenant 
 in lease against assignment or sale. 14 
 L.R.A.(N.S.) 1203. 
 
 Right of receiver to purchase property. 1 
 B. R. C. 411. 
 
 Right of purchaser at receiver's sale of land 
 subject to mortgage to question valid- 
 ity of the mortgage. L.R.A.1917C, 839. 
 
 Consult also L.R.A. Digests of Cases. 
 
 RECEIVER'S CERTIFICATES. 
 
 See RECEIVERS, 20. 
 
 RECEIVING STOLEN PROPERTY. 
 
 Indictment for, see INDICTMENT, ETC., 27b. 
 As to larceny, see LARCENY. 
 
 Constitutionality of statute making the re- 
 ceiving of certain kinds of property a 
 criminal offense. L.R.A.1917F, 709.' 
 
 Statute making failure to inquire as to pos- 
 sessor's right, equivalent to guilty 
 knowledge. 46 L.R.A.(N.S.) 31. 
 
 Instigation to. 25 L.R.A. 345. 
 
 Knowledge necessary to convict one of re- 
 ceiving stolen goods. 22 L.R.A. (N.S.) 
 833. 
 
 Where property in question waa stolen in 
 foreign state or country. 28 L.R.A. 
 (N.S.) 750. 
 
 Prosecution for larceny of one who re- 
 ceives or sells within the state prop- 
 erty actually stolen with his conniv- 
 ance by another in another state. 42 
 L.R.A. (N.S.) 207. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance. 
 38 L.R.A. (N.S.) 314, 320. 
 
 Evidence of other crimes in prosecution for. 
 62 L.R.A. 269. 
 
 Proof of corpus delicti in prosecution for. 
 68 L.R.A. 55. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 577. 
 
 RECENT DEFECTS. 
 
 Liability of township for injury by recent 
 defects in highway. 13 IT.R.A. (N.S.) 
 1273. 
 
 RECENTLY STOLEN PROPERTY. 
 
 Possession of, as evidence of burglary. 12 
 L.R.A.(N.S.) 199. 
 
 Production of bill of sale as repelling pre- 
 sumption of guilt from possession of. 
 39 L.R.A.(N.S.) 320. 
 
 RECEPTACLES. 
 
 Legislation to protect manufacturers or 
 dealers against loss of receptacles in 
 which their products are put up. 14 
 L.R.A. (N.S.) 1128. 
 
 Measure of damages for carrier's delay in 
 delivery of receptacles for perishable 
 goods. 24 L.R.A.(N.S.) 134; 40 L.R.A. 
 (N.S.) 901. 
 
 What passes under bequest of contents of. 
 L.R.A.1915C, 653.
 
 1156 
 
 INDEX TO L.R.A. NOTES. 
 
 RECEPTION. 
 
 Of evidence, see TRIAL, 12-14. 
 Of verdict, see TBIAL, 76, 77. 
 
 RECIPROCAL RIGHTS. 
 
 In artificial condition of bodv of water. 
 50 L.R.A. 841. 
 
 RECITALS. 
 
 Effect of recital as to security on negotia- 
 bility of paper, see BILLS AND NOTES, 
 23. 
 
 As to consideration, see CONTBACTS, 17. 
 
 Of money consideration in deed, see DEEDS, 
 14. 
 
 Estoppel by recitals in bond of public 
 corporation, see ESTOPPEL, 2. 
 
 Effect of recitals in bonus stock. 38 L.R.A. 
 492. 
 
 Of money consideration in deed as contrac- 
 tual" 68 L.R.A. 925. 
 
 Recital in deed as evidence of heirship. 45 
 L.R.A.(N.S.) 93. 
 
 In deed of mortgaged property to mort- 
 
 , gagee; effect on question of merger. 
 39 L.R.A.(N.S.) 843. 
 
 Recital in note as to security as affect- 
 ing its npgotiability. 32 L.R.A. (N.S.) 
 858. 
 
 In will of conveyance of land as devise 
 where conveyance was not in fact made 
 or proved ineffectual. 3 L.R.A. (N.S.) 
 645. 
 
 Estoppel by, in deed or mortgage by mar- 
 ried woman. 22 L.R.A. 780. 
 
 RECKLESS DRIVING. 
 
 Violation of ordinance against as ground 
 for private action. 5 L.R.A. (N.S.) 
 254. 
 
 RECKLESS INJURY. 
 
 As an assault. 14 L.R.A. 227. 
 
 *--* 
 
 RECKLESS STATEMENTS. 
 
 As a fraud. 35 L.R.A. 431. 
 
 RECLAMATION. 
 
 Aa justification for drainage of private 
 lands. 49 L.R.A. 783. 
 
 Taking of property for reclamation of 
 marshes as a public purpose. 22 L.R.A. 
 (N.S.) 163. 
 
 Immunity of reclamation district from lia- 
 bility for damages. L.R.A.1918B, 1010. 
 
 RECLAMATION DISTRICTS. 
 
 Applicability to, of Workmen's Compensa- 
 tion Acts. L.R.A.1918F, 193. 
 
 RECOGNITION. 
 
 Of illegitimate child, see ILLEGITIMACY, 
 3. 
 
 Effect of President's recognition of the Car- 
 ranza government. L.R.A.1917A, 280; 
 L.R.A.1918E, 361. 
 
 Waiver of purchaser's right to rescind con- 
 tract for purchase of real property by 
 expressly recognizing the contract. 30 
 L.R.A.(N.S.) 878. 
 
 RECOGNIZANCE. 
 
 See BAIL AND RECOGNIZANCE. 
 
 RECOMMENDATION. 
 
 Recommendation of another as proper sub- 
 ject for credit as ground of liability. 
 L.R.A.1915A, 100. 
 
 RECOMMENDATION TO MERCY. 
 
 Intimation that recommendation to mercy 
 would be entertained as ground for re- 
 versal of conviction. 40 L.R.A. (N.S.) 
 239. 
 
 RECOMMITMENT. 
 
 Of person convicted of crime, see CBIMINAL 
 LAW, 76. 
 
 Recommitment without further hearing of 
 person discharged from insane hospi- 
 tal. 14 L.R.A. (N.S.) 468. 
 
 RECONCILIATION. 
 
 Power of court to allow attorney's fees in 
 divorce suit after reconciliation of par- 
 ties. 36 L.R.A.(N.S.) 1001. 
 
 Effort by one spouse to induce other to 
 return home as condition of desertion 
 by latter. 39 L.R.A. (N.S.) 1118. 
 
 Effect of, on separation agreement. 43 
 L.R.A.(N.S.) 1219. 
 
 * 
 
 RECONSIDERATION. 
 
 Right of municipality, county, or town au- 
 thorities to reconsider action as to al- 
 lowance of claim. 21 L.R.A. (N.S.) 289. 
 
 Begin irith .this book on every lair question.
 
 INDEX TO L.K.A. NOTES. 
 
 1157 
 
 RECONVENING. 
 
 Of grand jury. 27 L.R.A. 787. 
 
 RECONVERSION. 
 
 Of partnership real estate. 27 L.R.A. 476. 
 
 Into real property after equitable conver- 
 sion into personalty by contract for 
 sale of land. 57 L.R.A. 652. 
 
 RECORDS AND RECORDING LAWS. 
 
 I. In general, 1-5. 
 II. Records of legislature, 6. 
 III. Judicial records, 7, S. 
 IV. Records of title, 9-27. 
 
 a. To personal property, 9- 
 
 11. 
 
 b. To real property, 12-27. 
 
 1. In general, 12-15a. 
 
 2. Who entitled to protec- 
 
 tion, 16. 
 
 3. What may T)e recorded, 
 
 17. 
 
 4. Requisites and suffi- 
 
 ciency of record, IS. 
 
 5. Necessity for recording; 
 
 effect of failure, 19- 
 22. 
 
 6. Time of recording; de- 
 
 lay, 23. 
 
 7. As notice; effect of re- 
 
 cording, 24-27. 
 
 I. In general. 
 
 1. Generally. 
 
 Amendment of, on certiorari, see CEKTIO- 
 BABI, 6. 
 
 Inspection of, see DISCOVERY AND INSPEC- 
 TION, 4. 
 
 Judicial notice of, see EVIDENCE, 7, 8. 
 
 Admissibility of, in evidence, see EVIDENCE, 
 126-129. 
 
 Lost records, see LOST INSTRUMENTS, 4. 
 
 Of mining location, see MIXES, 19. 
 
 Libel or slander by charge against public 
 officer or candidate of tampering with 
 public records. L.R.A.1918E, 40. 
 
 Right to rent or other compensation from 
 private persons or corporations mak- 
 ing special or unusual use of public 
 records. L.R.A.1918E, 942. 
 
 Effect of insertion of unauthorized provi- 
 sions in recorder's bond. L.R.A.1917B, 
 990. 
 
 Parol evidence to vary or supplement 
 minutes of public body. 50 L.R.A. 
 (N.S.) 99. 
 
 Sufficiency of record of benevolent society 
 as to expulsion of member to render it 
 conclusive on the courts. 52 L.R.A. 
 (N.S.) 813. 
 
 Consult also L.R.A. Digests of Cases. 
 
 RECORDS AND RECORDING LAWS, I. 
 cont'd 
 
 When statute begins to run against action 
 by private person based on breach of 
 duty by recording officer. 52 L.R.A. 
 (N.S.) 711. 
 
 Loss or alteration of, as ground of injunc- 
 tion against judgments. 30 L.R.A. 562, 
 563. 
 
 Presumption as to time of alteration in 
 record. 39 L.R.A.(N.S.) 115. 
 
 Form of Christian name required in. 24 
 L.R.A. 543. 
 
 Discovery of matters of record as ground 
 for bill of review. 30 L.R.A.(N.S.) 
 1042. 
 
 Power of equity to cancel false records. 
 14 L.R.A.(N.S.) 304. 
 
 Denial upon information and belief of mat- 
 ters appearing on public records. 30 
 L.R.A.(N.S.) 779. 
 
 Admissibility of secondary evidence to iden- 
 tify. 2 L.R.A.(N.S.) 652. 
 
 Use of, as standard for comparison of hand- 
 writing. 63 L.R.A. 435. 
 
 May records of sales of liquor which a drug- 
 gist is required by law to keep be used 
 as evidence against him in a criminal 
 prosecution. 25 L.R.A.(N.S.) 8^8. 
 
 g 2. Right to inspect public records. 
 
 Records of title to real property, see infra, 
 13. 
 
 Abstractors. 27 L.R.A. 82, 
 
 Suits. 27 L.R.A. 83. 
 
 Record making or copying. 27 L.R.A. 83. 
 
 Account books of public officers. 27 L.R.A. 
 
 83. 
 
 As to title of office. 27 L.R.A. 85. 
 Liquor records. 27 L.R.A. 85. 
 Patent records. 27 L.R.A. 85. 
 Right to inspect public records relating to 
 
 public contracts. 41 L.R.A. (N.S.) 280. 
 Right of indicted person to inspect minutes 
 
 of grand jury. 27 L.R.A.(N.S.) 558. 
 Privilege of records of insane asylum. 51 
 
 L.R.A.(N.S.) 22. 
 
 3. Index as part of record. 
 
 Index as part of record of title. 14 L.R.A. 
 393. 
 
 4. Necessity of recording; effect of 
 failure to record. 
 
 Instruments transferring personal property, 
 
 see infra, 10. 
 Instruments transferring real property, see 
 
 infra, 19-22. 
 
 Release of surety upon creditor's failure to 
 record papers. 37 L.R.A. (N.S.) 710. 
 
 Validity of statute or ordinance requiring 
 persons engaged in the business of loan- 
 ing money on chattel security or secu- 
 rity of wages to file a record of loans 
 made. 25 L.R.A. (N.S.) 686. 
 
 Who may take advantage of failure to file 
 assignment of a building contract or of 
 the money due thereunder. L.R.A. 
 1917F, 1127.
 
 1158 
 
 INDEX TO L.R.A. NOTES. 
 
 RECORDS AND RECORDING LAWS, I. 
 
 cont'd 
 5. Effect of recording. 
 
 Instruments transferring personal property, 
 see infra, 11. 
 
 Instruments transferring real estate, see in- 
 fra, 24-27. 
 
 Recording of forged instrument as uttering 
 or publishing. 8 L.R.A. (N.S.) 1180. 
 
 Effect of public record as notice or evidence 
 of notice to start statute of limitations 
 against action based on fraud. 22 
 L.R.A. (N.S.) 208. 
 
 //. Records of legislature. 
 
 6. Generally. 
 
 Impeachment of enrolled bill by. 40 L.R.A. 
 (X.S.) 31. 
 
 Conclusiveness of enrolled bill as to com- 
 pliance with provisions for recording 
 vote. 23 L.R.A. 342. 
 
 Showing by journal's failure to record vote 
 on bill. 40 L.R.A. (N.S.) 19. 
 
 ///. Judicial records. 
 
 7. Generally. 
 
 On appeal, see APPEAL AND ERROR, 18- 
 
 23. 
 
 In criminal case, see CRIMINAL LAW, 90. 
 Record of judgment, see JUDGMENT, 14- 
 
 18. 
 
 Right to have record of arrest canceled. 
 L.R.A.1917E, 777. 
 
 Judicial notice of court's own record in oth- 
 er actions. 11 L.R.A. (N.S.) 616; 29 
 L.R.A. (N.S.) 905. 
 
 Denial on information and belief of court 
 records. 30 L.R.A. (N.S.) 781. 
 
 Admission on record as affecting burden of 
 proof and right to open and close. 61 
 L.R.A. 530. 
 
 Of finding of indictment. 28 L.R.A. 34. 
 
 Record of bringing indictment into open 
 court. 26 L.R.A. (N.S.) 683. 
 
 Right of indicted person to inspect minutes 
 of grand jury. 27 L.R.A. (N.S.) 558. 
 
 Showing of record as to number and agree- 
 ment of jurors. 43 L.R.A. 72. 
 
 Effect of recording verdict on right to cor- 
 rect. 23 L.R.A. 735. 
 
 Sufficiency of record of guardian's bond. 33 
 L.R.A. 762. 
 
 Injunction against judgment obtained by 
 fraud in matters of record. 30 L.R.A. 
 791. 
 
 Injunction against judgment for irregular- 
 ities in. 30 L.R.A. 709. 
 
 When statute begins to run against action 
 by private person based on breach of 
 duty by recording officer. 52 L.R.A. 
 (N.S.) 711. 
 
 Parol evidence to vary judicial record in 
 favor of or against a stranger thereto. 
 L.R.A.1916A, 598, 608. 
 
 Sufficiency of record offered to prove con- 
 viction or acquittal. L.R.A. 1916B, 
 954. 
 
 8. Amendment. 
 
 On appeal, see APPEAL AND ERROR, 21. 
 
 RECORDS AND RECORDING LAWS, III. 
 cont'd 
 
 Of record as to indictment. 26 L.R.A. 
 (N.S.) 688. 
 
 Amendment of, to cure defect for which mo- 
 tion in arrest of judgment has been 
 made. 67 L.R.A. 179. 
 
 Power of trial court to correct its records 
 after an appeal or writ of error. 31 
 L.R.A. (N.S.) 207. 
 
 IV. Records of title, 
 a. To personal property. 
 
 9. Generally. 
 
 Recording of transfer by bankrupt, see 
 BANKRUPTCY, 16. 
 
 Record of chattel mortgage, see CHATTEL 
 MORTGAGE, 16-22. 
 
 Of transfer of corporate stock, see CORPORA- 
 TIONS, 89. 
 
 Record of goods sold, see SALE, 19. 
 
 Recording of bottomry bonds. 70 L.R.A. 
 
 429. 
 Right to rely on representations as to. 37 
 
 L.R.A. 603. 
 
 10. Necessity of recording; effect of 
 failure. 
 
 As to real property, see infra, 19-22. 
 
 What is "personal property" within regis- 
 tration laws. L.R.A.1917C, 020. 
 
 Necessity of recording instrument creating 
 lien or reserving title to personal prop-j 
 erty in state to which property is sub-/ 
 sequently removed. 64 L.R.A. 356; 35J 
 L.R.A.(N.S.) 385; L.R.A.1917D, 942. \ 
 
 Effect of failure to record contract of con- 
 ditional sale on vendor's right to relief, 
 in case of purchaser's bankruptcy. 38 
 L.R.A. (N.S.) 554. 
 
 11. Effect of recording. 
 
 As to real property, see infra, 24-27. 
 
 Recordation of lien on fixtures as personalty 
 as notice to purchaser or mortgagee of 
 realty. 1 B. R. C. 691; 49 L.R.A. (N.S.) 
 400. 
 
 6. To real property. 
 
 1. In general. 
 
 12. Generally. 
 
 As to abstracts of title, see ABSTRACTS. 
 Delivery of deed for record as delivery, see 
 DEEDS, 8. 
 
 Constitutionality of mortgage registration 
 
 tax. L.R.A.1916A, 865. 
 Requiring mortgagor to pay mortgage or 
 
 recording tax as usury. 51 L.R.A. 
 
 (N.S.) 465; L.R.A.1918F, 383. 
 The Torrens Law. L.R.A.1916D, 14. 
 Right to rely on representations as to. 37 
 
 L.R.A. 603. 
 
 Of assignment of lease. 15 L.R.A. 755. 
 Record of mining claim. 7 L.R.A. (N.S.) 
 
 864. 
 
 Begin ivith tliis ftoofc on every laiv question.
 
 INDEX TO L.R.A. NOTES. 
 
 1159 
 
 RECORDS AND RECORDING LAWS, IV. 
 b cont'd 
 
 Purchaser's duty to examine records to de- 
 termine location of property. 38 L.R.A. 
 (N.S.) 307. 
 
 Effect of failure to pay registration tax or 
 fee. 42 L.R.A. (N.S.) 140. 
 
 .Liability of registrar of deeds for neglect, 
 delay, or mistake in registering or in- 
 dexing instrument affecting title to real 
 property. 23 L.R.A. (N.S.) 127. 
 
 Federal courts following state decisions as 
 to construction and effect of recording 
 acts. 40 L.R.A. (N.S.) 420. 
 
 Right to jury in proceedings for registra- 
 tion of land titles. 41 L.R.A. (N.S.) 
 1044. 
 
 IS. Right to inspect. 
 
 Right of abstracters to inspect. 27 L.R.A. 
 82. 
 
 Right to inspect public records as to bound- 
 aries and titles. 27 L.R.A. 84. 
 
 14. Conveyance recorded before 
 grantor obtained title. 
 
 The doctrine of estoppel. 23 L.R.A. 561. 
 The doctrine of notice from registration. 23 
 
 L.R.A. 565. 
 Comparison and limitation of the opposing 
 
 principles. 23 L.R.A. 567. 
 
 15. Effect of quitclaim deed in other- 
 wise perfect record title. 
 
 Quitclaim purchasers not protected against 
 
 latent equities. 29 L.R.A. 33. 
 Purchaser with notice. 29 L.R.A. 34. 
 Other rulings. 29 L.R.A. 36. 
 Distinction between conveyance of land and 
 
 of mere interest. 29 L.R.A. 37. 
 Doctrine of the United States Supreme 
 
 Court. 29 L.R.A. 38. 
 Where not protected. 29 L.R.A. 41. 
 Where entitled to protection. 29 L.R.A. 42. 
 The Iowa doctrine. 29 L.R.A. 44. 
 Care must be used. 29 L.R.A. 46. 
 Remote quitclaim in chain of title. 29 
 
 L.R.A. 47. 
 
 Effect of remote quitclaim in chain of title 
 upon rights of subsequent purchas- 
 er. 25 L.R.A. (N.S.) 1035. 
 
 15a. Possession under unrecorded 
 instrument as notice of title. 
 
 .See NOTICE, 17. 
 
 2. Who entitled to protection'. 
 
 16. Generally. 
 
 Discharge of antecedent debt as a consid- 
 eration sustaining one's character as a 
 bona fide purchaser or encumbrancer. 
 27 L.ILA.(N.S.) 620. 
 
 Protection of purchaser from apparent 
 vendee under instrument apparently a 
 conveyance but intended as a mortgage. 
 32 L.R.A.(N.S.) 1046. 
 
 Hight of one claiming through heir or devi- 
 see to protection against unrecorded 
 conveyance by ancestor or his personal 
 representative. 34 L.R.A. (N.S.) 328. 
 
 Consult also L.R.A. Digests of Cases. 
 
 RECORDS AND RECORDING LAWS, IV. 
 
 b, 2 cont'd 
 
 Right of heirs to protection of recording 
 acts as against acts or conveyances of 
 ancestor. 43 L.R.A. (N.S.) 1144. 
 Protection under recording acts of mort- 
 gage given as security for pre-ex- 
 isting . debt. 33 L.R.A.(N.S.) 57. 
 
 3. What may be recorded. 
 
 17. Generally. 
 
 What may be recorded under the Torrens 
 Law. L.R.A.1916D, 27. 
 
 Lease as conveyance within meaning of re- 
 cording statutes. 24 L.R.A.(N.S.) 879. 
 
 4. Requisites and sufficiency of record. 
 
 18. Generally. 
 
 Certainty and accuracy necessary in respect 
 to Christian names or initials in record 
 or index relied on as imparting con- 
 structive notice. 7 L.R.A.(N.S.) 415; 
 
 25 L.R.A.(N.S.) 1211; L.R.A.1915D, 
 1211. 
 
 Mistake in description of property as affect- 
 ing record of instrument relating 
 to real property. L.R.A.1916A, 
 530. 
 
 Should absolute conveyance which is in- 
 tended as a mortgage be recorded as a 
 deed or mortgage. L.R.A.1916B, 600. 
 Recordation of lien on fixtures as personal- 
 ty as notice to purchaser or mortgagee 
 of realty. 49 L.R.A. (N.S.) 400. 
 
 5. Necessity of recording; effect of 
 failure. 
 
 19. Generally. 
 
 As to personal property, see supra, 10. 
 
 Unrecorded deed as color of title. L.R.A. 
 1915B, 1006. 
 
 Failure to record conveyance as a fraud 
 upon creditors. 31 L.R.A. 638. 
 
 Estoppel by allowing record title to remain 
 in another. 22 L.R.A. 256; 46 L.R.A. 
 (N.S.) 1097. 
 
 Effect of gap in record title on marketabil- 
 ity of title. 38 L.R.A.(N.S.) 24. 
 
 Effect of unrecorded prior conveyance on 
 marketability of title. 38 L.R.A. ( N.S. ) 
 32. 
 
 Burden of proof as to bona fides of pur- 
 chaser claiming against prior unre- 
 corded conveyance or encumbrance. 36 
 L.R.A.(N.S.) 1124. 
 
 When local law deemed to require register- 
 ing or recording of a transfer within 
 meaning of 60a of the bankruptcy 
 law. 5 L.R.A.(N.S.) 148; 18 L.R.A. 
 (N.S.) 1233. 
 
 Failure to record defeasance as against cred- 
 itors of grantee in deed intended as a 
 mortgage. 5 L.R.A. (N.S.) 387. 
 
 Failure to record conveyance to insured as 
 affecting his sole unconditional owner- 
 ship. 22 L.R.A.(N.S.) 732. 
 
 Remedy of one who fails to record a deed 
 against his grantor who subsequently 
 conveys to an innocent third person. 
 
 26 L.R.A.(N.S.) 284.
 
 1160 
 
 INDEX TO L.R.A. NOTES. 
 
 RECORDS AND RECORDING LAWS, IV. 
 b, 5 cont'd 
 
 Effect of destruction or cancelation, or re- 
 delivery to grantor for that purpose, of 
 delivered but unrecorded deed. 18 
 L.R.A.(N.S.) 1167; 34 L.R.A.(N.S.) 
 495; L.R.A.1918F, 402. 
 
 May one be a "purchaser" for a valuable 
 consideration where nothing capable of 
 money measurement is given. 4 B. R. 
 C. 782. 
 
 Effect of failure to record lease on rights 
 of tenant as against transferee of re- 
 version. L.R.A.1915C, 195. 
 
 20. Priority of unrecorded instru- 
 ment. 
 
 Priority of judgment over unrecorded con- 
 veyance, see JUDGMENT, 62. 
 
 Priority over unrecorded mortgage, see 
 MORTGAGE, 36. 
 
 Priority as between judgment and prior un- 
 recorded conveyance. 10 L.R.A. 411;* 
 16 L.R.A. 668. 
 
 Priority of unrecorded deed as against pur- 
 chaser at judicial sale. 21 L.R.A. 33. 
 
 Priority as between unrecorded deed or 
 mortgage of real estate and lien ac- 
 quired by attachment. L.R.A.1918A, 
 1089. 
 
 When mechanics' lien superior to earlier 
 unrecorded mortgage. 14 L.R.A. 306. 
 
 Precedence as between quitclaim deed and 
 senior unrecorded deed. 12 L.R.A. (N.S.) 
 240; 26 L.R.A.(N.S.) 159. 
 
 Precedence as between conveyance of land 
 for a nominal or inadequate considera- 
 tion and senior unrecorded conveyance. 
 16 L.R.A.(N.S.) 1073. 
 
 Necessity for recording assignment for cred- 
 itors as against attaching creditor. 26 
 L.R.A. 594. 
 
 21. Who affected by failure to re- 
 cord. 
 
 Discharge of antecedent debt as a consid- 
 eration sustaining one's character as a 
 bona fide purchaser or encumbrancer 
 for value entitled to protection of Re- 
 cording Acts. L.R.A.1918C. 438. 
 
 22. Notice of unrecorded conveyance. 
 
 Effect of notice of prior unrecorded con- 
 veyance on rank of lien of judgment. 
 16 L.R.A. 670. 
 
 Possession of land as notice of title. 13 
 L.R.A.(N.S.) 49. 
 
 6. Time for recording; delay. 
 
 23. Generally. 
 
 First and last days in computing time for 
 recording. 49 L.R.A. 242. 
 
 Delay in recording as fraud against credi- 
 tors. 32 L.R.A. 69. 
 
 Effect of unrecorded agreement, not incor- 
 porated in conveyance, restricting use 
 of property, upon successor in title. 49 
 L.R.A.(N.S.) 357. 
 
 RECORDS AND RECORDING LAWS, IV. 
 b, 6 cont'd 
 
 7. As notice; effect of recording. 
 
 24. Generally. 
 
 As to personal property, see supra, 11. 
 Sufficiency of record to give notice, see 
 
 supra, 18. 
 To one claiming estoppel to set up title, see 
 
 ESTOPPEL, 7a. 
 
 Effect on holder of record title of judgment 
 against parties designated in an action 
 as unknown. L.R.A.1918F, 618. 
 
 Effect of recording conveyance by one co- 
 tenant to third person to found adverse 
 possession against others. 32 L.R.A. 
 (N.S.) 708. 
 
 Effect of recording tax deed on limitation 
 of actions to recover land sold for 
 taxes. 27 L.R.A. (N.S.) 356. 
 
 Effect of recorded agreement not incorpo- 
 rated in a conveyance restricting use 
 of property upon successor in title. 15- 
 L.R.A.(N.S.) 1129. 
 
 Taking deed from stranger to record title 
 as constructive notice of instruments of 
 record to or by him. L.R.A.1918C, 787. 
 
 Conveyance recorded before grantor obtained 
 title as notice. L.R.A.1918C, 792. 
 
 25. As delivery. 
 
 Record of deed by grantor as delivery to- 
 grantee. 54 L.R.A. 865; 9 L.R.A.(N.S.) 
 224; 38 L.R.A. (N.S.) 941. 
 
 Effect of recording undelivered transfer or 
 assignment. 21 L.R.A. 696. 
 
 Permitting undelivered deed wrongfully re- 
 corded by grantee to remain on record, 
 as estoppel of grantor or his successors- 
 to deny its delivery as against one pur- 
 chasing in reliance on the record. 7 
 L.R.A.(N.S.) 712. 
 
 26. As notice. 
 
 Doctrine of notice from registration, of con- 
 veyance recorded before grantor ob- 
 tained title. 23 L.R.A. 565. 
 
 Recordation of lien on fixtures as person- 
 alty, as notice to purchaser or mort- 
 gagee of realty. 1 B. R. C. 691. 
 
 Notice by record as affecting fraudulent 
 statements. 37 L.R.A. 603. 
 
 Destruction of record of deed or mortgage 
 as affecting constructive notice impart- 
 ed thereby. 23 L.R.A.(N.S.) 1180. 
 
 Recording lease as constructive notice to 
 transferee of reversion. L.R.A. 1915C, 
 195. 
 
 27. instrument not entitled to be 
 recorded. 
 
 Record of instrument not entitled to be 
 recorded as actual notice. 38 L.R.A. 
 (N.S.) 400. 
 
 Record of instrument acknowledged before 
 a stockholder or officer of a corporation 
 which is a party to the instrument, as- 
 notice. 41 L.R'.A.(N.S.) 376. 
 
 Begin with this ftoofc on every law question. 
 
 RECOUPMENT. 
 
 See SET-OFF AND COUNTEBC&AIM, 13.
 
 INDEX TO L.R.A. NOTES. 
 
 1161 
 
 RECOURSE. | 
 
 Assignor without, as an indorser. 36 L.R.A. 
 119. 
 
 RECOVERY BACK. 
 
 'Of payments made, see ASSUMPSIT, II. 
 
 RECOVERY OVER. 
 
 'See INDEMNITY, 2-4. 
 
 RECREATION. 
 
 'See AMUSEMENTS. 
 
 RECRIMINATORY DEFENSE. 
 
 In action for divorce, see DIVORCE AND SEP- 
 ARATION, 33. 
 
 RECRUITING. 
 
 Prosecutions under the Espionage Act of 
 June 15, 1917, for obstructing. L.R.A. 
 1918F, 410. 
 
 RECTOR. 
 
 See RELIGIOUS SOCIETIES, 6-9. 
 
 RECTORY. 
 
 See PARISH HOUSE. 
 
 REDELIVERY. 
 
 Of deeds, see DEEDS, 33. 
 
 REDEMPTION. 
 
 From judicial sale, see JUDICIAL SALE, 19. 
 From mortgage, see MORTGAGE, 85-91. 
 Of pledged property, see PLEDGE AND COL- 
 LATERAL SECURITY, 10. 
 From tax sale, see TAXES, 82-85. 
 
 From sale enforcing vendor's lien. 44 
 L.R.A.(N.S.) 285. 
 
 Liability of government or other public 
 body for its own obligations stolen 
 from it after redemption. 39 L.R.A. 
 (N.S.) 446. 
 
 Of corporate stock which has been forfeited. 
 27 L.R.A. 311. 
 
 Extension of time for redemption when last 
 day falls on Sunday. 14 L.R.A. 122. 
 
 Jurisdiction of suit to redeem land in an- 
 other state or country. 69 L.R.A. 685. 
 
 Consult also L.B.A. r)i(jests of Cases. 
 
 RED FLAG. 
 
 Validity of statutory or other regulation 
 forbidding display of red flag or other 
 symbol tending to incite disorder. 
 L.R.A.1915B, 706. 
 
 REDIRECT EXAMINATION. 
 
 See WITNESSES, 39. 
 
 *-- 
 
 REDUCED RATES. 
 
 Power to require of carrier, see CARRIERS, 
 157. 
 
 REDUCTION. 
 
 Of stock, see CORPORATIONS, 71. 
 Of damages, see DAMAGES, 3-11. 
 Of punishment, for good behavior, see 
 CRIMINAL LAW, 81. 
 
 Mandamus to restore to original rank officer 
 who has been reduced in rank. 19 L.R.A. 
 (N.S.) 80. 
 
 Right to reduction in rent of farm because 
 part of it is not tillable. 36 L.R.A. 
 (N.S.) 555. 
 
 Of shares of preferred, guaranteed, and in- 
 terest bearing stock. 27 L.R.A. 151. 
 
 RE-ELECTION. 
 
 After ouster of officer for misconduct. 6 
 L.R.A.(N.S.) 843; L.R.A.1916D, 959. 
 
 RE-ENACTMENT. 
 
 Construction of re-enacted statutes, see 
 
 STATUTES, 27. 
 
 Of Code or compilation of laws by single 
 statute. 55 L.R.A. 853. 
 
 RE-ENTRY. 
 
 Landlord's right of, see LANDLORD AND TEN- 
 ANT, 94. 
 
 Re-entry for condition broken in case of 
 devise to religious society for specified 
 use. 11 L.R.A.(N.S.) 524. 
 
 RE-EXAMINATION. 
 
 See WITNESSES, 39.
 
 1162 
 
 INDEX TO L.R.A. NOTES. 
 
 REFERENCE. 
 
 1. Generally. 
 
 Constitutionality of statute requiring, see 
 CONSTITUTIONAL LAW, 189. 
 
 Right of referee to resign. 46 L.R.A. (N.S.) 
 68. 
 
 To medical referee under workmen's com- 
 pensation act. L.R.A.1916A, 190; 
 L.R.A.1917D, 114. 
 
 For determination of disputed questions in 
 summary proceedings to compel attor- 
 ney to surrender money or property 
 L.R.A.1918D, 838. 
 
 Personal liability of referee to sell property 
 for broker's services. 38 L.R.A. (N.S.) 
 777. 
 
 Effect of interposing a counterclaim, set-off, 
 or affirmative defense which would in 
 itself be a proper subject for a compul- 
 sory reference, where the cause of action 
 declared upon by plaintiff would not. 
 25 L.R.A.(N.S.) 264. 
 
 2. Compulsory, as denial of consti- 
 tutional, right to jury trial. 
 
 In general 25 L.R.A. 68; 13 L.R.A. (N.S.) 
 146; 39 L.R.A. (N.S.) 46. 
 
 The United States Constitution. 25 L.R.A. 
 68. 
 
 Where the right existed prior to the state 
 Constitution. 25 L.R.A. 68. 
 
 State statute no infringement of constitu- 
 tional right. 25 L.R.A. 69. 
 
 Equitable account. 25 L.R.A. 70. 
 
 Constitution violated. 25 L.R.A. 70. 
 
 Action at law. 25 L.R.A. 71. 
 
 State Constitution. 25 L.R.A. 71. 
 
 2a. action on account. 
 
 Compulsory reference of accounts as denial 
 of constitutional right to jury trial. 
 25 L.R.A. -70. 
 
 Denial of jury trial in actions involving ac- 
 counts. 39 L.R.A. (N.S.) 46. 
 
 3. Report. 
 
 Effect of failure to file report within proper 
 time. 34 L.R.A. (N.S.) 581. 
 
 REFERENDUM. 
 
 See INITIATIVE, REFERENDUM, AND RECALL, 
 1. 
 
 REFORMATION. 
 
 As affecting right to divorce on ground ol 
 drunkenness or use of drugs. L.R.A. 
 1917D, 364. 
 
 REFORMATION OF INSTRUMENTS. 
 
 Of deeds, see DEEDS, 36. 
 
 Jurisdiction of equity, see EQUITY, 16. 
 
 REFORMATION OF INSTRUMENTS 
 
 cont'd 
 
 Of insurance policy, see INSURANCE, 48. 
 Of mortgage, see MORTGAGE, 4. 
 Of will, see WILLS, 33. 
 
 Effect of the Statute of Frauds upon the 
 
 power of equity to reform a contract. 
 
 L.R.A.1917A, 571. 
 Reformation of contract because of mistake 
 
 of law as to its effect. 28 L.R.A. (N.S.) 
 
 900. 
 Mistake of law as to effect of instrument as 
 
 ground of. 28 L.R.A. (N.S.) 785. 
 Right to accept favorable part of decree 
 
 and appeal from the rest. 29 L.R.A. 
 
 (N.S.) 11. 
 
 REFORMATORIES. 
 
 Commitment of infants to, without convic- 
 tion of crime. 16 L.R.A. 691. 
 
 Transfer for reformatory to state prison as 
 cruel and unusual punishment. L.R.A. 
 1915C, 560. 
 
 REFRESHING MEMORY. 
 
 See WITNESSES, 28. 
 
 REFRESHMENT. 
 
 Right to use railroad right of way for pur- 
 pose of refreshment place as against 
 owner of fee. 36 L.R.A. (X.S.) 518. 
 
 Applicability of Sunday laws to sale of food 
 and refreshments. L.R.A.1917C, 381. 
 
 Accident to one while seeking or taking re- 
 freshment as one arising out of and in 
 the course of his employment within. 
 Workmen's Compensation Act. 6 B. R> 
 C. 471. 
 
 REFRIGERATOR. 
 
 As fixture. 30 L.R.A.(N.S.) 576. 
 
 REFRIGERATOR CARS. 
 
 Carrier's duty with respect to. 10 L.R.A* 
 
 (N.S.) 317. 
 Duty of carrier to furnish cars of a type 
 
 not owned by it. 20 L.R.A. (N.S.) 310. 
 
 REFUNDING BONDS. 
 
 Begin with this ftoofc on every Zcrtr question. 
 
 See BONDS, III.
 
 INDEX TO L.R.A. NOTES. 
 
 1163 
 
 REFUSAL. 
 
 Rights conferred by, see CONTRACTS, 23. 
 
 REFUSE. 
 
 Liability of abutting owner for injury to 
 
 pedestrian by refuse on sidewalk. 29 
 
 L.R.A.(N.S.) 707. 
 Municipal liability for injury by refuse in 
 
 street. 20 L.R.A. (N.S.) 610. 
 Liability of municipality for injury by em 
 
 ployee engaged in removing. L.R.A 
 
 1918C, 1188. 
 
 Right to throw into stream. 41 L.R.A. 751. 
 Obstruction of navigation bv, liability for. 
 
 59 L.R.A. 73. 
 Pollution of stream by refuse from mining 
 
 operations. 22 L.R.A. (N.S.) 276; 
 
 L.R.A.1915D, 911. 
 
 REGISTER. 
 
 Admissibility of, as proof of partnership. 
 20 L.R.A. 599. 
 
 REGISTERED MAIL. 
 
 See POSTOFFICE, 8. 
 
 REGISTRAR OF DEEDS. 
 
 Liability for neglect, delay, or mistake in 
 registering or indexing instrument af- 
 fecting title to real property. 23 L.R.A. 
 (N.S.) 127. 
 
 REGISTRATION. 
 
 Of voters, see ELECTIONS, 6. 
 Of instrument to affect title, see RECORDS 
 AND RECORDING LAWS, IV. 
 
 Constitutionality of statute as to registering 
 births, deaths, etc. 39 L.R.A.^N.S.) 
 1015. 
 
 Requiring registration of herds of cattle be- 
 longing to persons selling milk. L.R.A. 
 1917C, 253. 
 
 Of automobile. 1 L.R.A. (N.S.) 215. 
 
 REGISTRATION TAX. 
 
 Effect of failure to pay. 42 L.R.A. (N.S.) 
 
 146. 
 Consult also L.R.A. Digests of Cases. 
 
 REGISTRY LIST. 
 
 Effect of loss or destruction of. 
 (N.S.) 989. 
 
 28 L.R.A. 
 
 REGULATION. 
 
 Of carriers, see CARRIERS, V. 
 
 Of corporations generally, see CORPORA- 
 TIONS, 12. 
 
 Of physicians and surgeons, see PHYSICIANS 
 AND SURGEONS, 6-11. 
 
 Reasonableness of, see REASONABLENESS, 7. 
 
 REHEARING. 
 
 On appeal, see APPEAL AND ERROR, 45. 
 
 REIMBURSEMENT. 
 
 Of personal representative, see EXECUTORS 
 
 AND ADMINISTRATORS, 53. 
 Of one holding under void tax deed, see 
 
 TAXES, 79. 
 
 Of purchaser at void judicial sale. 21 L.R.A. 
 50. 
 
 Of purchaser on annulling judicial sale. 69 
 L.R.A. 39. 
 
 Right of mortgagee who has paid taxes to 
 maintain independent action against 
 mortgagor for reimbursement before or 
 after foreclosure of mortgage. 10 L.R.A. 
 .(N.S.) 679. 
 
 Of partner for money paid for partnership 
 real estate. 28 L.R.A. 102. 
 
 School-teacher's right to reimbursement for 
 money expended for school without 
 precedent authority. 42 L.R.A. (N.S.) 
 1177. 
 
 Contingency of claim for reimbursement of 
 sureties and indorsees as affecting time 
 for its presentation. 58 L.R.A. 87. 
 
 REINSTATEMENT. 
 
 Of insured after forfeiture, see INSURANCE, 
 
 109. 
 
 Of mortgage, see MORTGAGE, 59, 60. 
 Of officer, see OFFICERS, 26. 
 
 Reinstatement or placing in statu quo as 
 condition to relief, from mistake of law 
 as to effect of instrument. 28 L.R.A. 
 (N.S.) 902. 
 
 REINSURANCE. 
 
 See INSURANCE, 209, 210.
 
 1164 
 
 INDEX TO L.R.A. NOTES. 
 
 REISSUE. 
 
 Effect of the reissue of a bill or note that 
 has been paid by or transferred to a 
 party primarily liable thereon. 28 
 L.R.A.(N.S.) 1066; L.R.A.1918E, 170. 
 
 RELATION. 
 
 See RELATIVE. 
 
 RELATION BACK. 
 
 Entry of judgment nunc pro tune, see JUDG- 
 MENT, 18. 
 
 Of order appointing receiver. 15 L.R.A. 
 
 (N.S.) 657. 
 Of deed delivered to third person. 54 L.R.A. 
 
 891. . 
 Of judgment to beginning of term. 38 L.R.A. 
 
 246. 
 Judgment by relation back to time prior 
 
 to death of judgment debtor. 49 L.R.A. 
 
 167. 
 Of subcontractor's lien to date of that of 
 
 original contractor. 16 L.R.A. 335. 
 Of lien of mortgage of future crops to 
 
 time of execution. L.R.A.1917C, 14. 
 Of amended pleading to prevent bar of lim- 
 itations. 3 L.R.A.(N.S.) 268; 47 L.R.A. 
 
 (N.S.) 932. 
 Retroactive effect of filing chattel mortgage 
 
 for record as against lien acquired after 
 
 execution of mortgage. 33 L.R.A. 163. 
 
 RELATIONSHIP. 
 
 Resemblance as evidence of, see EVIDENCE, 
 154. 
 
 Relationship to attorney in case as dis- 
 qualifying judge. 42 L.R.A.(N.S.) 
 1172;"L.R.A.1918F, 1036. 
 
 Effect of, to disqualify one to serve as com- 
 missioner or juror in eminent domain 
 proceedings. 47 L.R.A. (N.S.) 151. 
 
 Necessity of relationship and decree es- 
 sential to recover for mental anguish 
 for failure to deliver telegram announc- 
 ing death or illness. 49 L.R.A.(N.S.) 
 250. 
 
 Notice to telegraph company that relation- 
 ship between parties is such that delay 
 in transmission of message will cause 
 mental anguish. 49 L.R.A.(N.S.) 320. 
 
 RELATIVE. 
 
 1. Generally. 
 
 Various particular relatives, see AUNTS; 
 BROTHERS AND SISTERS; BROTHERS-IN 
 LAW; COUSINS; GRANDPARENTS; HUS- 
 BAND AND WIFE;. PARENT AND CHILD; 
 SISTERS-IN-LAW ; UNCLES. 
 
 By affinity, see AFFINITY. 
 
 Begin icith this booh on every laiv question. 
 
 j RELATIVE cont'd 
 
 | Implied contract to pay for services to, see 
 CONTRACTS, 4, 5. 
 
 Measure of damage for injury to, see 
 DAMAGES, 7, 57-64, 100, 101, 110. 
 
 Measure of damage for death of, see DAM- 
 AGES, 65-67, 101. 
 
 Damages for mental anguish resulting from 
 negligence in transmission of message 
 relating to illness or death of, see DAM- 
 AGES, 102. 
 
 Right of action for death of, see DEATH, 
 3-10. 
 
 Descent and distribution of property of, see 
 DESCENT AND DISTRIBUTION. 
 
 Validity of contract procured by threat to 
 prosecute, see DURESS, 4. 
 
 Validity of transactions between, see 
 FRAUDULENT CONVEYANCES, 21, 21a. 
 
 Illegitimate children, see ILLEGITIMACY. 
 
 Incest between, see INCEST. 
 
 Right to custody of infant child, see IN- 
 FANTS, 6-10. 
 
 Insurable interest of, see INSUBANCE, 27- 
 35. 
 
 Relationship by adoption, see PARENT AND 
 CHILD, *16-18. 
 
 Discrimination against, in succession tax, 
 see TAXES, 93, 94. 
 
 Legacy to, see WILLS, 69, 70. 
 
 Right of relative of party to instrument 
 to take acknowledgment. 33 L.R.A. 
 340. 
 
 Resemblance as evidence of relationship. 
 52 L.R.A. 500. 
 
 Moral consideration arising from relation- 
 ship as a sufficient consideration to 
 support a promise to become respon- 1 
 sible for another's debt. 3 L.R.A. (N.S.) 
 436. 
 
 Love and affection as consideration for ex- 
 ecutory promise to pay existing debt of 
 relative. L.R.A. 1918C, 543. 
 
 Effect of relationship on contract otherwise 
 champertous. 14 L.R.A. 747; L.R.A. 
 1916E, 76. 
 
 Reputed father's right to custody or con- 
 trol of illegitimate child as against. 
 65 L.R.A. 694. 
 
 Admissibility of declarations of relative of 
 claimant upon issue of his relationship 
 or heirship to decedent. 36 L.R.A. 
 (N.S.) 530; L.R.A.1915D, 215. 
 
 What constitutes residence of child living 
 with relative entitling him to privilege 
 of public schools. 36 L.R.A. (N.S.) 342; 
 51 L.R.A.(N.S.) 234. 
 
 Right to compel or restrain removal of re- 
 mains of deceased relative. 3 L.R.A. 
 (N.S.) 491. 
 
 Privilege of communications to relative of 
 person defamed. L.R.A.1915A, 572. 
 
 Malice as essential to an action for alien- 
 ation of affections by relatives. 46 
 L.R.A.(N.S.) 469. 
 
 Imputing negligence of one to other. 8 
 L.R.A.(N.S.) 662; L.R.A.1915A, 765. 
 
 2. As juror or grand juror. 
 
 As juror, see JURY. lla. 
 
 As grand juror. 28 L.R.A. 202.
 
 INDEX TO L.R.A. NOTES. 
 
 1165 
 
 RELATTV E cont'd 
 3. Support of. 
 
 Support of infant child, see DIVORCE AND 
 SEPARATION, 57; INFANTS, 11-12. 
 
 Promise to pay for past support of. 53 
 
 L.R.A. 355. 
 Power of state to make relatives of person 
 
 committed to insane asylum, liable for 
 
 cost of his maintenance therein. 24 
 
 L.R.A. (N.S.) 295. 
 Liability of relative for medical services to 
 
 pauper. L.R.A.1915E, 844. 
 
 4. Trust between relatives. 
 
 Enforcement in equity of grantee's oral 
 promise to grantor to hold in trust in 
 case of conveyance between relatives. 
 39 L.R.A. (N.S.) 925, 926, 928. 
 
 5. Criminal responsibility of one 
 assisting- or avenging relative. 
 
 Homicide in defense of. 67 L.R.A. 546; 45 
 L.R.A.. (N.S.) 145. 
 
 Is one assisting relative in peril bound by 
 the latter's act in bringing on the diffi- 
 culty. 15 L.R.A. (N.S.) 1013; 39 L.R.A. 
 (N.S.) 671.' 
 
 Killing or assaulting of, as sufficient provo- 
 cation to reduce homicide to man- 
 slaughter. 17 L.R.A. (N.S.) 795. 
 
 RELEASE. 
 
 1. Generally. 
 
 Effect of provision for, in assignment for 
 creditors, see ASSIGNMENT FOR CREDI- 
 TORS, 14a. 
 
 On bail, see BAIL AND RECOGNIZANCE. 
 
 f surety on bail bond, see BAIL AND RE- 
 COON IZANCE, 8 
 
 Of indorser, see BILLS AND NOTES, 34. 
 
 Of claim for injury resulting in death, see 
 DEATH, V. 
 
 Of expectancy, see EXPECTANCIES, 3. 
 
 On habeas corpus, see HABEAS CORPUS, 6. 
 
 From liability on insurance policy, see IN- 
 SURANCE, 180. 
 
 Of joint tort feasor, see JOINT CREDITORS 
 AND DEBTORS, 8-11. 
 
 From mortgage, see MORTGAGE, 52-60. 
 
 See also ACCORD AND SATISFACTION; COM- 
 PROMISE AND SETTLEMENT. 
 
 Addition of name of attesting witness to 
 release as an alteration. L.R.A.1917D, 
 828. 
 
 Release of original debtor as a condition of 
 novation bv substitution of debtors. 
 L.R.A.1918B, 113. 
 
 By personal representatives of claim due 
 estate. 14 L.R.A. 414. 
 
 From liability for damage by damming back 
 water of stream. 59 L.R.A. 868. 
 
 Of expectancy by prospective heir to an- 
 cestor. 25 L.R.A. (N.S.) 439. 
 
 Stipulation making execution of release 
 from liability for damages a condition 
 precedent to payment of benefits out of 
 relief fund. 11 L.R.A. (N.S.) 194; 48 
 L.R.A.(N.S.) 446. 
 
 Consult- also L.R.A. Digests of Canes. 
 
 RELEASE cont'd 
 
 Releases by servant after injury has been 
 received and without reference to a 
 prior contract. 11 L.R.A. (N.S.) 194: 
 48 L.R.A. (N.S.) 447. 
 
 Applicability to release of rule against con- 
 veyance of land held adversely. 35 
 L.R.A.(N.S.) 735. 
 
 Formal release under seal or in writing on 
 payment of part of liquidated and un- 
 disputed debt. 11 L.R.A.(N.S.) 1026; 
 L.R.A.1917A, 724. 
 
 Law governing release of claim for dam- 
 ages for death or bodily injury. 56 
 KR.A. 223. 
 
 Presumption as to time of alteration in. 
 39 L.R.A.(N.S.) 110. 
 
 Admissibility of parol evidence that release 
 was delivered on condition. 36 L.R.A. 
 (N.S.) 1147. 
 
 Admissibility of parol evidence to vary 
 written release in favor of or against 
 a stranger to the contract. L.R.A. 
 1916A, 600, 611. 
 
 Release from covenant in lease as to pay- 
 ment of taxes and assessments. L.R.A. 
 1915A, 361. 
 
 Right to reinstatement of mortgage when 
 released by mistake. 58 L.R.A. 788; 
 L.R.A.1917E, 1059. 
 
 2. What operates as. 
 
 Of surety, see PRINCIPAL AND SURETY, 
 10-18. 
 
 Of drawer or indorser by certification of 
 check. 9 L.R.A. (N.S.) 698; 29 L.R.A. 
 (N.S.) 205. 
 
 Of one partner by other partner's assump- 
 tion of debts on dissolution of partner- 
 ship. 9 L.R.A. (N.S.) 90; 48 L.R.A. 
 (N.S.) 547. 
 
 3. What included in; extent of. 
 
 Does release of damages for construction of 
 railroad in highway include damages 
 from elevation of grade. 10 L.R.A. (N. 
 S.) 1202. 
 
 Effect of specification of particular claim to 
 limit import of general release. 8 
 L.R.A.(N.S.) 1034. 
 
 Scope of release under policy indemnifying 
 insured against loss of time by sickness 
 or accident. 24 L.R.A. (N.S.) 211. 
 
 4. Effect. 
 
 On bail, see BAIL AND RECOGNIZANCE, 6. 
 
 As affecting right of action for death. 34 
 L.R.A. 790. 
 
 Of interest in estate by one receiving ad- 
 vancement; effect on right to share in 
 after-acquired property. 65 L.R.A. 578. 
 
 Release of principal after maturity of ob- 
 ligation as affecting guarantor. 38 
 L.R.A. (N.S.) 875. 
 
 Effect on prior surety of release of later 
 surety. 21 L.R.A. 252. 
 
 Of other security as affecting protection un- 
 der recording act of mortgage given 
 as security for antecedent indebtedness. 
 33 L.R.A. (N.S.) 57.
 
 1166 
 
 INDEX TO L.K.A. NOTES. 
 
 RELEASE confd 
 
 Discharge of. one primarily liable for loss 
 of insured property as affecting in- 
 sured's right of action against insurer. 
 29 L.R.A.(N.S.) 698. 
 
 Rebuttal of presumption of acceptance of 
 assignment or deed of trust for credit- 
 ors by conditions imposing. 24 L.R.A. 
 375. 
 
 Release of one of two or more persons sever- 
 ally, but no jointly, liable for a tort, aa 
 affecting liability of others. L.R.A. 
 1917A, 273. 
 
 Effect of release of one person from liability 
 for a tort to release another where the 
 former was not in fact or law liable. 
 L.R.A.1918D, 183. 
 
 Effect of release of one joint tort feasor 
 on liability of the other. 58 L.R.A. 
 293; L.R.A.1918F, 363. 
 
 Effect, in release of one joint tort feasor, 
 of reservation of right as against oth- 
 ers. L.R.A.1915E, 800. 
 
 Effect of release of lessee from liabilities 
 for rent after assignment of lease. 52 
 L.R.A. (N.S.) 974. 
 
 Release of all claim for injury before re- 
 ceiving injury resulting in death as 
 affecting right of statutory bene- 
 ficiaries. L.R.A.1915E, 1170. 
 
 Settlement by injured person as precluding 
 action for his death resulting from 
 the injury. L.R.A.1915E, 1163. 
 
 Settlement between insured and tort feasor 
 as affecting insurer's rights to subro- 
 gation. L.R.A.1916A, 1282. 
 
 Effect of release of security on right of 
 obligee to be subrogated to security 
 held by surety. L.R.A.1916C, 1079. 
 
 Release by person injured as affecting his 
 claim* against physician or surgeon em- 
 ployed by other party. L.R.A.1918A, 
 227. 
 
 Release of employer by acceptance of bene- 
 fit of relief fund as affecting other tort- 
 feasor. L.R.A.1918A, 996. 
 
 5. As consideration. 
 Of promise to marry as consideration for 
 contract. 19 L.R.A. (N.S.) 656. 
 
 6. Validity; setting aside. 
 
 Effect of fraud on, see FBAUD AND DECEIT, 
 
 17. 
 Effect of mistake, see MISTAKE, 14. 
 
 Settlements and releases of each other by 
 corporate promoters. L.R.A.1918E, 840. 
 
 In case of settlement under accident insur- 
 ance policy under mistake as to the 
 extent of the injury. L.R.A.1918E, 931. 
 
 Power of attorney to bind client by release 
 of person or property of debtor from 
 process to enforce judgment. L.R.A. 
 1918D, 808. 
 
 Right in action at law to attack release for 
 
 fraud. 20 L.R.A. (N.S.) 915. 
 
 Effect of misrepresentations or undue in- 
 fluence by physician to avoid release. 
 5 L.R.A.(N.S.) 663; 48 L.R.A. (N.S.) 
 447. 
 
 Avoidance by infant of release of cause of 
 action ex delicto. 11 L.R.A. (N.S.) 690. l 
 
 Begin with this ftoofe on every la\v question. 
 
 RELEASE confd 
 
 Validity of settlement between guardian 
 and ward out of court. L.R.A.1916E, 
 863. 
 
 Furnishing medical attention as a consider- 
 ation for release of liability for per- 
 sonal injuries or death. 46 L.R.A. 
 (N.S.) 419. 
 
 Releases by servant after injury has been 
 received and without reference to a 
 prior contract. 48 L.R.A. (N.S.) 447. 
 
 Release of right to third person's services. 
 L.R.A.1917F, 842. 
 
 Voluntary release of debt as fraud upon 
 creditors of releasor. L.R.A.1918A, 404. 
 
 7. return of consideration. 
 
 Return or tender of consideration for re- 
 lease of claim for personal injuries 
 set aside on ground of fraud. 35 
 L.R.A.(N.S.) 660; L.R.A.1918F, 
 1073. 
 
 RELETTING. 
 
 Of leased premises, see LANDLORD AND TEN- 
 ANT, 31. 
 
 RELEVANCY. 
 
 Of evidence, see EVIDENCE, XII. 
 
 RELIANCE. 
 
 On fraudulent representations, see FBATJD 
 AND DECEIT, 13, 14. 
 
 RELIEF. 
 
 Injunctive relief, see INJUNCTION. 
 
 From judgment, see JUDGMENT, 87-97. 
 
 Of citizens, appropriations for. 14 L.R.A. 
 475. 
 
 Settlement by injured person as precluding 
 action for his death resulting from in- 
 jury. 27 L.R.A.(N.S.) 176. 
 
 RELIEF ASSOCIATIONS. 
 
 Contract with servant as to option of In- 
 jured servant to accept benefits from 
 relief fund, see MASTEB AND SERVANT, 
 53. 
 
 Do associations providing relief for rail- 
 road employees constitute insurance 
 companies. 47 L.R.A. (N.S.) 299. 
 
 Who may or must be admitted to hospital 
 
 maintained by. L.R.A.1918D, 561. 
 Effect of Federal Employers' Liability Act 
 on stipulation making acceptance of 
 benefits for injury or death of em- 
 ployee under contract of membership 
 in railroad relief department. 47 
 L.R.A. (N.S.) 50.
 
 INDEX TO L.R.A. NOTES. 
 
 1167 
 
 RELIEF ASSOCIATIONS cont'd 
 
 Rights and remedies in respect to relief 
 department fund upon termination of 
 employment. L.R.A.1916A, 1148. 
 
 Release of employer by acceptance of benefit 
 of relief fund as affecting other tort- 
 feasor. L.R.A.1918A, 996. 
 
 liability for negligence of attendants fur- 
 nished by relief department toward 
 which employees contribute. 17 L.R.A. 
 (N.S.) 1167; 30 L.R.A.(N.S.) 1207; 48 
 L.R.A.(N.S.) 531. 
 
 RELIGION. 
 
 Devise or bequest for, see CHARITIES. 
 
 Effect of religion of parent on right to 
 custody of child. 41 L.R.A; (N.S.) 610. 
 
 Validity and enforceability of contract or 
 covenant in relation to real property 
 which discriminates against persons be- 
 cause of religion. L.R.A.1916B, 1208. 
 
 RELIGIOUS BELIEF. 
 
 As qualification of witness, see WITNESSES, 
 12. 
 
 Religious belief as insane delusion. 37 
 L.R.A. 269. 
 
 Religious belief as excuse for failure to 
 furnish medical aid to child. 36 L.B.A. 
 (N.S.) 633. 
 
 Validity of trust to propagate a particular 
 religious belief as a charity. 6 L.R.A. 
 (N.S.) 320. 
 
 Effect of bequest with a condition as to re- 
 ligious belief. 5 L.R.A. CN.S.) 804. 
 
 RELIGIOUS BOOKS. 
 
 Admissibility of entries in, in evidence, see 
 EVIDENCE, 145. 
 
 RELIGIOUS EXERCISES. 
 
 In public schools. 16 L.R.A.(N.S.) 860; 
 L.R.A.1915D, 941. 
 
 Effect of provisions of ordinance of 1787 
 upon question whether religious exer- 
 cises in public schools infringe upon re- 
 ligious freedom. 52 L.R.A. (N.S.) 312. 
 
 RELIGIOUS FREEDOM. 
 
 See CONSTITUTIONAL LAW, 29a. 
 
 RELIGIOUS GARB. 
 
 At schools, see SCHOOLS, 5. 
 
 Consult also L.R.A. Digests of Cases. 
 
 RELIGIOUS GARB cont'd 
 Right to require or prohibit wearing of, in 
 college. 42 L.R.A. (N.S.) 337. 
 
 RELIGIOUS INSTRUCTION. 
 
 In schools, see SCHOOLS, 37. 
 
 RELIGIOUS MANIA. 
 
 As affecting testamentary capacity. 27 
 L.R.A.(N.S.) 89; L.R.A.1915A, 462. 
 
 RELIGIOUS PREJUDICE. 
 
 Validity and enforceability of contract or 
 covenant in relation to real property 
 which discriminates against persons 
 because of religion. L.R.A.1916B, 
 1208. 
 
 Libel or slander where "sting" is due to re- 
 ligious prejudice or antagonism. 
 L.R.A.1916E, 680. 
 
 RELIGIOUS RIGHTS. 
 
 Religious freedom, see CONSTITUTIONAL 
 LAW, 29a. 
 
 Religious belief as affecting competency of 
 
 witness. 42 L.R.A. 553; 23 L.R.A.(N. 
 
 S.) 1023. 
 Effect of admission of state into the Union 
 
 upon ordinance of 1787 as to. 52 
 
 L.R.A.(N.S.) 312. 
 
 RELIGIOUS SOCIETIES. 
 
 7. In general, $ 1, 2. 
 II. Title to, or control of, property, 
 
 3. 
 
 III. Schism or division of, 4, 5. 
 IV. Ministers and priests, 6-9. 
 V. Trustees, 1O. 
 VI. Membership in, 11-13. 
 VII. Few holders, 14. 
 
 I. In general. 
 
 1. Generally. 
 
 Bequest for, see CHARITIES. 
 
 Specifying in will, use of devise to, see 
 WILLS, 84. 
 
 Freedom of worship, see CONSTITUTIONAL 
 LAW, 29a. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 146. 
 
 Jurisdiction over, see COURTS, 12. 
 
 Tribunals of, see ECCLESIASTICAL TRIBU- 
 NALS. 
 
 Identity of, see IDENTITY AND IDENTIFICA- 
 TION, 7.
 
 1168 
 
 INDEX TO L.R.A. NOTES. 
 
 RELIGIOUS SOCIETIES, I. cont'd 
 Injunction against, see INJUNCTION, 37. 
 Sale of liquors within prohibited distance 
 
 of church, see INTOXICATING LIQUORS, 
 
 27. 
 Tax on, see TAXES, 24-26. 
 
 Mechanics' lien on property of. 51 L.R.A. 
 (N.S.) 161. 
 
 As trustee in charitable bequest. 14 L.RA. 
 (N.S.) 113. 
 
 Giving of free service or reduced rates to, 
 by public service corporation as an un- 
 lawful discrimination. L.R.A.1918D, 
 916. 
 
 2. Meetings of. 
 
 Disturbing meeting, see DISTUBBING MEET- 
 ING. 
 
 Use of public school building for religious 
 meetings. 31 L.R.A. (N.S.) 593. 
 
 II, Title to, or control of, property. 
 
 3. Generally. 
 
 In case of schism or division, see infra, 4, 
 5. 
 
 Adverse possession by. 27 L.R.A. (N.S.) 
 
 388. 
 Conveyance on condition that property 
 
 be used for church purposes. 19 L.R.A. 
 
 262. 
 
 Effect of specifying use of real estate in de- 
 vise to. 11 L.R.A. (N.S.) 509. 
 Enjoining control, use of, or interference 
 
 with, church property. 3 L.R.A. (N.S.) 
 
 854. 
 Public policy as related to communistic life 
 
 or tenure of property. " L.R.A. (N.S.) 
 
 909; 52 L.R.A.(N.S.) 459. 
 Right of member of church to injunction 
 
 against unlawful sale by trustees. 2 
 
 L.R.A. (N.S.) 828. 
 
 Disposition of property of church upon its 
 dissolution. 47 L.R.A. (N.S.) 1015. 
 
 JJ7. Schism or division of. 
 
 4. Generally. 
 
 Litigation growing out of schism or divi- 
 sion in religious society. 24 L.R.A. 
 (N.S.) 692. 
 
 Union or reunion of Cumberland 
 Church with Presbyterian Church 
 U. S. A. 24 L.R.A.(N.S.) 717; 30 
 L.R.A. (N.S.) 666. 
 
 Effect of statute providing for use of 
 church property by both parties in case 
 of a schism or division in the society. 
 24 L.R.A. (N.S.) 729. 
 
 Right to preliminary injunction which 
 would have effect of transferring pos- 
 session of property from one faction to 
 another. 39 L.R.A. (N.S.) 33. 
 
 5. Power of local church to with- 
 draw from general body. 
 
 See also supra, 4. 
 
 Independent congregations. 32 L.R.A. 92. 
 Rights of majority and minority. 32 L.R.A. 
 92. 
 
 Begin tvitJi this ftooTc on every law question. 
 
 RELIGIOUS SOCIETIES, III. cont'd 
 Rule under particular statutes. 32 L.R.A.. 
 
 94. 
 Property acquired under express trust or 
 
 for particular purpose. 32 L.R.A. 95, 
 Synodical relations. 32 L.R.A. 96. 
 Rule where governing body of denomination 
 
 changes its laws. 32 L.R.A. 97. 
 Immaterial change. 32 L.R.A. 98. 
 Withdrawal under laws of church. 32 
 
 L.R.A. 98. 
 
 Division of property. 32 L.RA. 98. 
 Effect of statutory permission. 32 L.R.A. 
 
 98. 
 
 Effect of unanimous action. 32 L.R.A. 98. 
 Rights of third persons. 32 L.R.A. 98. 
 
 IV. Ministers and priests. 
 
 6. Generally. 
 
 Privileged communications to, see EVIDENCE, 
 
 220. 
 Libel of, see LIBEL AND SLANDER, 19. 
 
 Giving of free service or reduced rates to 
 clergymen by public service corporation 
 as an unlawful discrimination. L.R.A. 
 1918D, 916. 
 
 Liability for improperly performing mar- 
 riage ceremony. L.R.A.1917E, 868. 
 
 Liability for refusing the sacraments.- 
 L.R.A.1916D, 374. 
 
 Ministers as public officers. 17 L.R.A. 245.. 
 
 Right to remove minister summarily. 15- 
 L.R.A. 96. 
 
 Character of occupation of premises by min- 
 isters. 4 L.R.A. (N.S.) 713, 721. 
 
 Injunctive relief affecting. 3 L.RA. (N.S.) 
 854. 
 
 Oral promise by, to one conveying land to 
 him to hold in trust as giving rise to- 
 constructive trust. 39 L.R.A. (N.S.) 
 924. 
 
 Going to another state, county, or district 
 to preach as effecting change of domicil 
 or residence. 22 L.R.A. (N.S.) 996j 
 L.R.A.1917A, 294. 
 
 Ignorance that parties to marriage are un- 
 der age as defense to prosecution for 
 officiating at the marriage. 29 L.R.A. 
 (N.S.) 504. 
 
 Sending for, as evidencing sense of impend- 
 ing death at time of dying declarations. 
 56 L.R.A. 415; 30 L.R.A. (N.S.) 398. 
 
 7. Liability for salary of. 
 
 Generally. 38 L.R.A. 687; 52 L.R.A. (N.S.) 
 
 171. 
 
 Taxes, subscriptions, etc. 38 L.R.A. 687. 
 A contract for services is binding. 38 
 
 L.R.A. 687. 
 Interference with performance of duties. 
 
 38 L.R.A. 688. 
 
 Absence of contract. 38 L.R.A. 688. 
 Absence of incorporation. 38 L.R.A. 689; 
 
 52 L.R.A.(N.S.) 171. 
 Dissolution of pastoral relation. 38 L.R.A. 
 
 689; 52 L.R.A. (N.S.) 172. 
 Entitled to compensation. 38 L.R.A. 689. 
 Individual liability. 38 L.R.A. 689; 52: 
 
 L.R.A.(N.S.) 172.
 
 INDEX TO L.R.A. NOTES. 
 
 1169 
 
 RELIGIOUS SOCIETIES, IV. cont'd 
 Sale of property. 38 L.R.A. 689; 52 L.R.A. 
 
 (N.S.) 172. 
 Voluntary contributions. 52 L.R.A. (X.S.) 
 
 172. 
 Unauthori/ed contracts. 52 L.R.A. (N.S.) 
 
 172. 
 
 Implied contracts. 52 L.R.A. (N.S.) 172. 
 Accord and satisfaction. 38 L.R.A. 689. 
 
 8. Bequest for support of. 
 
 Bequest for support of. 14 L.R.A. (N.S.) 
 
 94. 
 Validity of general bequest for education 
 
 and support of ministry. 37 L.R.A. (N. 
 
 S.) 1004. 
 
 9. Review by civil court of dismissal 
 or removal of priest or minister by 
 ecclesiastical tribunal. 
 
 See COURTS, 12. 
 
 V. Trustees. 
 
 10. Generally. 
 
 Injunctive relief affecting church trustees. 
 
 3 L.R.A. (N.S.) 860. 
 Extrinsic evidence to show who is liable on 
 
 note executed by trustees of. 20 L.R.A. 
 
 705. 
 Power of court to order new election for 
 
 trustee of religious society because of 
 
 doubt as to result of original election. 
 
 31 L.R.A.(N.S.) 686. 
 Right of member of church to injunction 
 
 against unlawful sale by trustees. 2 
 
 L.R.A.(N.S.) 828. 
 
 VI. Membership in. 
 
 11. Generally. 
 
 Right of member to injunction against un- 
 lawful sale by trustees. 2 L.R.A. (N. 
 S.) 828. 
 
 Right of educational, charitable, or religious 
 institution to exclude person on account 
 of race or color. 24 L.R.A. (N.S.) 447. 
 
 Membership in a religious society or de- 
 nomination as disqualification to serve 
 as juror in a cause involving its rights. 
 25 L.R.A. (N.S.) 992. 
 
 Right of one member to maintain action for 
 libel or slander based on charges 
 against religious body. 23 L.R.A. (N. 
 S.) 730. 
 
 12. Liability for debts. 
 
 In general. 69 L.R.A. 255. 
 
 Early rule in Massachusetts, Connecticut, 
 
 and Maine. 69 L.R.A. 255. 
 Incorporated societies. 69 L.R.A. 256. 
 Unincorporated societies. 69 L.R.A. 257. 
 
 13. Expulsion or excommunication 
 of members. 
 
 Civil power to review. 15 L.R.A. 801. 
 
 Conclusiveness of decision of ecclesiastical 
 tribunal. 49 L.R.A. 354. 
 
 Review by civil courts of expulsion of mem- 
 ber. 4 L.R.A.(N.S.) 1154. 
 
 Consult also L.R.A. Digests of Cases. 
 
 RELIGIOUS SOCIETIES, VI. cont'd 
 Power of civil court to compel restoration 
 
 of member expelled by. 36 L.R.A.(N. 
 
 S.) 945. 
 
 VII. Pew holders. 
 
 14. Rights of. 
 
 The nature of their right and title. 22 
 
 L.R.A. 206. 
 Rights of the parish or society. 22 L.R.A. 
 
 212. 
 
 Rights of the pew owner. 22 L.R.A. 213. 
 Free church. 22 L.R.A. 215. 
 Attachment. 22 L.R.A. 215. 
 Assessment and taxation. 22 L.R.A. 215. 
 Relief under the English law. 22 L.R.A. 
 
 217. 
 
 RELIGIOUS WORSHIP. 
 
 Freedom of, see CONSTITUTIONAL LAW, 
 29a. 
 
 Injunction to prevent disturbance of. 
 L.R.A.1917D, 996. 
 
 RELOCATION. 
 
 Of mining claim, see MINES, 22, 23. 
 Of railroad, see RAILROADS, 23. 
 
 RELUCTANT WITNESS. 
 
 Power of court to examine. 57 L.R.A. 881 
 L.R.A.1916A, 1196. 
 
 REMAINDERMEN. 
 
 Adverse possession by or against, see AD- 
 VERSE POSSESSION, 9. 
 
 As to respective rights of life tenants and 
 remaindermen, see LIFE TENANTS. 
 
 Right of remaindermen to maintain eject- 
 ment. 18 L.R.A. 790. 
 
 Rights of remaindermen on condemnation 
 of property. 21 L.R.A. 212. 
 
 Right to partition among remaindermen, 
 pending life estate. 28 L.R.A.(N.S.) 
 125. 
 
 REMAINDERS. 
 
 Contingent interests, generally, see CONTIN- 
 GENT INTERESTS. 
 
 In land, see DEEDS, 31; LIFE TENANTS; 
 WILLS, 81, 82, 91, 101, 102. 
 
 Acceleration of, by widow's election, see 
 WILLS, 115. 
 
 Acceleration of, by renunciation of life 
 
 estate. L.R.A.1915A, 671. 
 74
 
 1170 
 
 INDEX TO L.R.A. NOTES. 
 
 REMAINDERS cont'd 
 
 Estates in remainder as assets which will 
 pass to the trustee in bankruptcy. 47 
 L.R.A.(N.S.) 284. 
 
 Estoppel of remaindermen to assert interest 
 as against purchaser of fee by conceal- 
 ing the same. 48 L.R.A.(N.S.) 756. 
 
 REMAINS, 
 
 See COBPSE. 
 
 REMARRIAGE. 
 
 After divorce, see MABBIAGE, 12, 15. 
 
 REMEDIES. 
 
 In general, see SPECIFIC TITLES, e. g., AC- 
 TION OB SUIT; EQUITY; INJUNCTION, 
 
 etc. 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 38-45. 
 Impairment of obligation of contract by 
 
 change of, see CONSTITUTIONAL LAW, 
 
 35-37. 
 
 Election of, see ELECTON OF REMEDIES. 
 For testing election, see ELECTIONS, 28. 
 For fraud, see FBAUD AND DECEIT, 36- 
 
 41. 
 Against conveyance in fraud of creditors, 
 
 see FRAUDULENT CONVEYANCES, 24- 
 
 26. 
 
 Of or against heirs, see HEIBS, 7. 
 On insurance policy, see INSURANCE, 201- 
 
 206. 
 Against monopolies and combinations, see 
 
 MONOPOLY AND COMBINATIONS, 13, 
 
 14. 
 
 For relief from mistake of law as to effect 
 of instrument. 28 L.R.A.(N.S.) 894. 
 
 Remedies which the parties to an ultra vires 
 contract are entitled to pursue apart 
 from an action on the contract itself. 
 L.R.A.1917A, 1026. 
 
 Lessee's remedy to secure possession. L.R.A. 
 1918A, 54. 
 
 Right of action for fraud or deceit causing 
 loss of remedy. L.R.A.1917F, 719. 
 
 REMEDY AT LAW. 
 
 Exhaustion of, as condition precedent to 
 equitable remedies of creditors, see 
 CREprroBs' BILL, 2. HI. 
 
 Exhaustion of, as condition precedent to IV. 
 judgment creditor's right to receiver- V. 
 ship, see RECEIVERS, 4. 
 
 Effect of, on equitable jurisdiction, see VI. 
 EQUITY, 3; INJUNCTION, 3. 
 
 Begin urith this boofc on every law question. 
 
 REMISSION. 
 
 Of fines of loan association. 35 L.R.A. 222. 
 
 REMITTITUR. 
 
 Curing excessive verdict by, see NEW TRIAL, 
 14. 
 
 On appeal to prevent reversal. 26 L.R.A. 
 384. 
 
 REMONSTRANCE. 
 
 Against liquor license, see INTOXICATING 
 
 LIQUORS, 11. 
 Against public improvement, see PUBLIC 
 
 IMPROVEMENTS, 3. 
 
 Doctrine of equitable conversion as affecting 
 one's right to sign consent or remon- 
 strance as landowner. 50 L.R.A. ( N.S. ) 
 32. 
 
 Against establishment of drains and sewers. 
 60 L.R.A. 218. 
 
 Right to withdraw names from. 11 L.R.A. 
 (N.S.) 372; 35 L.R.A. (N.S.) 1113. 
 
 REMOTE GRANTEE. 
 
 Right of, to sue for breach of covenant 
 when covenantor had neither title nor 
 possession. 14 L.R.A.(N.S.) 514; 
 L.R.A.1916D, 613. 
 
 Will covenant of general warranty sustain 
 action by remote grantee evicted under 
 an encumbrance, where the deed also 
 contains covenants not running with 
 the land. 26 L.R.A. (N.S.) 1094. 
 
 REMOVAL. 
 
 Of executor or administrator, see EXECU- 
 TORS AND ADMINISTRATORS, 8. 
 
 Of officers, see MUNICIPAL CORPORATION s, 
 117; OFFICERS, 22-24. 
 
 Of cause, see REMOVAL OF CAUSES. 
 
 Of trustee, see TRUSTS, 20. 
 
 REMOVAL OF CAUSES. 
 
 In general; right of, 1, 2. 
 
 What suits removable; amount in 
 controversy, 3, 4. 
 
 Grounds, 6-1O. 
 
 Practice; procedure, 11-15. 
 
 Effect of removal; subsequent pro- 
 ceedings, 16, 17. 
 
 Removal of criminal causes, IS, 
 19.
 
 INDEX TO L.R.A. NOTES. 
 
 1171 
 
 REMOVAL OF CAUSES cont'd 
 I. In general; right of. 
 
 % 1.. Generally. 
 
 By appeal or proceedings in error, see AP- 
 PEAL AND EKKOK. 
 
 Effect of motion for removal as extending 
 time to plead. 47 L.R.A.(N.S.) 857. 
 
 Removal of cause from state to Federal 
 court. 37 L.R.A.(N.S.) 392. 
 
 Whether case made for removal, as Federal 
 question. 62 L.R.A. 538. 
 
 Mandamus to compel removal of case to 
 Federal court or remanding of case to 
 state court. 37 L.R.A. (N.S.) 392. 
 
 2. Right of. 
 
 Right of plaintiff to remove cause. 9 L.R.A. 
 
 229.* 
 Effect of subsequent amendment to take 
 
 away right. 3 L.R.A. 546.* 
 
 //. What suits removable; amount in 
 controversy. 
 
 3. Gnu-rally. 
 
 Removal of action under Federal Employers' 
 
 Liability Act. 47 L.R.A.(N.S.) 69; 
 
 L.R.A.1SJ15C, 75. 
 
 4. Ancillary suits. 
 
 Ancillary suits not removable. 3 L.R.A. 
 554. 
 
 5. Amount in controversy. 
 
 Right dependent on amount in dispute. 1 
 L.R.A. 65;* 9 L.R.A. 228;* 11 L.R.A. 
 568.* 
 
 Amount in controversy, in case of set-off. 
 1 L.RA. 67.* 
 
 III. Grounds. 
 
 % 6. Generally. 
 
 Removal of criminal cause for discrimina- 
 tion as to jurors. 55 L.R.A. 574. 
 
 Reliance upon Federal statute to defeat a 
 defense in an action otherwise main- 
 tainable at common law, as a ground 
 for removal of case to the Federal 
 court. 17 L.R.A.(N.S.) 861. 
 
 7. Citizenship. 
 
 Removal of cause to Federal court because 
 of diversity of citizenship. 5 L.R.A. 
 (N.S.) 57. 
 
 Fraud in joining a resident as codefendant 
 with a nonresident defendant, for the 
 purpose of preventing a removal to the 
 Federal court on the ground of diverse 
 citizenship. 22 L.RA. (N.S.) 1235. 
 Right in case of diversity of citizenship to 
 remove action brought in a state 
 court outside the territorial juris- 
 diction of either the plaintiff's or 
 defendant's residence. 50 L.R.A. 
 (N.S.) 828. 
 
 8. corporations. 
 
 Effect of removal, see infra, 16. 
 Consult also L.R.A. Digests of Cases. 
 
 REMOVAL OF CAUSES, III. cont'd 
 
 Stipulation against, bv foreign corporation. 
 24 L.R.A. 294. 
 
 Citizenship and residence of corporations. 
 14 L.R.A. 184. 
 
 Removal of cause by nonresident corporation 
 joined with resident employee. 1 
 L.R.A. (N.S.) 370, 375. 
 
 Right to remove to Federal court a quo war- 
 ranto proceeding against a foreign cor- 
 poration. L.R.A.1918D, 857. 
 
 9. Separable controversy. 
 
 Removal of cause to Federal court because 
 of separable controversy. 5 L.R.A. 
 (N.S.) 50. 
 
 10. Prejudice or local influence. 
 
 Of criminal prosecution under U. S. Rev. 
 Stat. 641. 53 L.R.A. 573. 
 
 IV. Practice; procedure. 
 
 11. Generally. 
 
 Preservation of property pending proceed- 
 ings. 1 L.R.A. 66.* 
 
 Effect of amendment to take away right. 
 3 L.R.A. 546.* 
 
 When removal perfected. 1 L.R.A. 65,* 66.* 
 
 Practice and procedure in circuit court. 3 
 L.R.A. 545.* 
 
 12. Petition; affidavit. 
 
 Petition; affidavit. 1 L.R.A. 65;* 3 L.R.A. 
 
 546;* 9 L.R.A. 232;* 11 L.R.A. 507.* 
 Affidavit for removal. 3 L.R.A. 547.* 
 How affidavit taken and certified. 3 L.R.A. 
 
 548.* 
 By whom affidavit to be made. 3 L.R.A. 
 
 548.* 
 
 13. Place of application for removal. 
 Where application to be made. 11 L.R.A. 
 
 570.* 
 Application made to circuit court. 9 L.R.A. 
 
 231.* 
 
 14. Time. 
 
 Time within which application must be 
 made. 3 L.R.A. 545; 9 L.R.A. 230;* 
 11 L.R.A. 569.* 
 
 15. Bond. 
 
 Bond. 5 L.R.A. 476.* 
 
 V. Effect of removal; subsequent pro- 
 ceedings. 
 
 16. Generally. 
 
 Of criminal prosecution. 53 L.R.A. 576, 
 580. 
 
 Effect of transition from Federal court to 
 state court on running of limitations. 
 3 L.R.A.(N.S.) 295. 
 
 Revocation of license of foreign corporation 
 on account of removal of action to Fed- 
 eral court. 1L.R.A.(N.S.) 1019;L.R.A. 
 1915F, 1187.
 
 1172 
 
 INDEX TO L.R.A. NOTES. 
 
 REMOVAL OF CAUSES, V. cont'd 
 17. Subsequent proceedings. 
 
 Power of state court to render judgment for 
 costs in case removed to Federal court 
 and not remanded. 30 L.R.A.(N.S.) 
 1059. 
 
 Right of plaintiff, after removal of action 
 commenced in state court to the Federal 
 court, and its dismissal in the latter 
 court without prejudice, to commence a 
 new action in a state court upon the 
 same cause of action. 7 L.R.A. (N.S. ) 
 501; 34 L.R.A.(N.S.) 1195. 
 
 Effect of pendency in Federal court of ac- 
 tion in personam removed from state 
 court upon right to commence a new 
 action upon the same cause in the 
 . state court. 26 L.R.A.(N.S.) 969. 
 
 VI. Removal of criminal causes. 
 
 18. Generally. 
 
 Removal of criminal cause from one Feder- 
 al court into another. 53 L.R.A. 568. 
 
 Removal of criminal cause from territorial 
 into Federal courts. 53 L.R.A. 581. 
 
 19. Removal of criminal cause from 
 state to Federal court. 
 
 Pow.r of Congress to authorize removals. 
 
 53 L.R.A. 571. 
 Removals under U. S. Rev. Stat. 641, to 
 
 protect Federal rights. 53 L.R.A. 
 
 572. 
 Removals under U. S, Rev. Stat. 643, of 
 
 causes against Federal officers. 53 
 
 L.R.A. 577. 
 
 Removals under act of Congress of Marth 
 3, 1863. 53 L.R.A. 581. 
 
 RENEWAL. 
 
 Of note, see BILLS AND NOTES, 56, 57. 
 
 Of chattel mortgage, see CHATTEL MORT- 
 GAGE, 22. 
 
 Of insurance policy, see INSURANCE, 39. 
 
 Of lease, see LANDLORD AND TENANT, 20a, 
 257 50. 
 
 Effect of void renewal on liability on orig- 
 inal contract, see CONTRACTS, 72. 
 
 Extension of mortgage lien by renewal of 
 secured debt, see MORTGAGE, 55. 
 
 As affecting liability of surety, see PRINCI- 
 PAL AND SURETY, 15, 16. 
 
 Of ferry license. 59 L.R.A. 535. 
 
 Validity and effect of stipulation in con- 
 tract to renew on terms to be agreed 
 upon. 32 L.R.A. (N.S.) 201. 
 
 Of obligations by incompetent person. 34 
 L.R.A. 274. 
 
 Extension of lien of mortgage by renewal of 
 secured debt. 55 L.R.A. 673. 
 
 Effect on renewal of fire insurance policy of 
 circumstances invalidating original pol- 
 icy but which in the meantime have 
 ceased to exist. 1 B. R. C. 610. 
 
 Assignability of insurance agent's right to 
 commissions on renewal premiums. 18 
 L.R.A. (N.S.) 193. 
 
 RENEWAL cont'd 
 
 Termination of agency as affecting insur- 
 ance agent's right to commissions on. 
 35 L.R.A. (N.S.) 153. 
 
 Liability of former stockholder for debt& 
 of corporation as affected by renewal 
 after transfer of stock. L.R.A.1915B,. 
 168. 
 
 RENTALS. 
 
 For, gas, payment of, see GAS, 9. 
 
 Rent generally, see LANDLORD AND TENANT,. 
 
 V. 
 See also RATES. 
 
 Action on contractor's bond for rental of 
 transportation facilities. 43 L.R.A. 
 (N.S.) 171. 
 
 Action on contractor's bond for rental of 
 machinery. L.R.A.1915F, 952. 
 
 Right to compel water company to furnish 
 general supply while municipality is. 
 in default in paying hydrant rentals. 
 34 L.R.A. (N.S.) 196. 
 
 Power of municipality to exact fee or rental 
 for vaults or areaways in street. 31 
 L.R.A.(N.S.) 868. 
 
 Reasonableness of regulation of public serv- 
 ice corporation requiring payment of r 
 in advance. 19 L.R.A. (N.S.) 693; 31 
 L.R.A.(N.S.) 319. 
 
 Statutory lien on property of third person 
 for rental of personal property let to- 
 contractor for use in work- of a lien- 
 able nature. 16 L.R.A. (N.S.) 585; 42: 
 L.R.A. (N.S.) 872. 
 
 Discrimination by public service corpora- 
 tion by requiring payment of rental in, 
 advance. 31 L.R.A. (N.S.) 315. 
 
 Right of public service corporation to im- 
 pose penalty or added amount for fail- 
 ure to pay service bills promptly. 31 
 L.R.A.(N.S.) 329; 43 L.R.A. (N.S.) 63. 
 
 Right of public service corporation to dis- 
 continue service after tender of amount 
 due. L.R.A.1917C, 376. 
 
 RENT INSURANCE. 
 
 See INSURANCE, 218. 
 
 RENTS. 
 
 Accounting for, by cotenant, see COTENANCY,. 
 
 8. 
 In general, see LANDLORD AND TENANT, 
 
 77-93. 
 Guaranty or insurance of, see INSURANCE,. 
 
 218. 
 
 For lease of mine, see MINES, III. 
 Rights and liabilities of parties to mort- 
 
 gage as to, see MORTGAGE, 33. 
 Right to, on foreclosure, set; MORTGAGE,. 
 
 79a. 
 See also RENTALS. 
 
 Begin with this booTc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1173 
 
 BENTS cont'd 
 
 As a family expense or necessary within 
 statute rendering wife or her property 
 liable therefor. L.R.A.1917F, 862. 
 
 Right to rent or other compensation from 
 private persons or corporations making 
 special or unusual use of public records. 
 L.R.A.1918E, 942. 
 
 RENUNCIATION. 
 
 Of benefit under will, see WILLS, 110- 
 115. 
 
 REORGANIZATION. 
 
 Of corporations, see CORPOBATIONS, III. 
 
 REPAIRS. 
 
 Of bridge, see BRIDGES, 3. 
 
 Cotenant's liability for, see COTENANCY, 9. 
 
 Duty of railroad company as to repairs in 
 
 highway, see HIGHWAYS, 48. 
 Option of insurance company to make, see 
 
 INSURANCE, 174. 
 Covenant as to, see LANDLORD AND TENANT, 
 
 17, 17a, 71. 
 Duty and liability of landlord as to, see 
 
 LANDLORD AND TENANT, IV. d. 
 Tenant's duty as to, see LANDLORD AND TEN- 
 
 ANT, 57. 
 
 Lien for, see LIENS, 11. 
 Master's duty as to making, see MASTER AND 
 
 SERVANT, 80. 
 Effect of master's promise to repair, see 
 
 MASTER AND SERVANT, 119, 120, 130. 
 Imputing to master, coservants' neglect of 
 
 duty as to repairs, see MASTER AND 
 
 SERVANT, 161. 
 Provisions in paving contract for keeping in 
 
 repair, see PUBLIC IMPROVEMENTS, 8, 
 
 9. 
 
 Of right of way. L.R.A.1918A, 593. 
 
 Of levees, 58 L.R.A. 759. 
 
 Of drainage ditch. 69 L.R.A. 807. 
 
 Maritime lien for. 70 L.R.A. 391, 439. 
 
 Right of life tenant to timber for. 37 
 
 L.R.A. (N.S.) 765. 
 Right of water company to require customer 
 
 to keep service pipe in repair. 32 
 
 L.R.A.(N.S.) 229; 43 L.R.A. { N.S.) 144. 
 When separate property of married woman 
 
 is chargeable with costs of. 3 L.R.A. 
 
 (N.S.) 307. 
 Duty of street railway as to repairs of de- 
 
 fects in track or street. 52 L.R.A. 449. 
 Right of one leaving chattels in another's 
 
 possession for repairs to claim title 
 
 against latter's vendees or creditors. 
 
 25 L.R.A. (N.S.) 796. 
 Duty of gas company as to repair of lines to 
 
 prevent escape or explosion of gas. 32 
 
 L.R.A. (N.S.) 814; L.R.A.1915E, 1022. 
 Effect of, to extend time for filing mechan- 
 
 ics' lien. 35 L.R.A. (N.S.) 908. 
 What constitutes reconstruction, as distin- 
 
 guished from repair, of pavement. 44 
 
 L.R.A. (N.S.) 590. 
 Consult also L.R.A. Digests of Cases. 
 
 REPAIRS cont'd 
 
 Employees engaged in repairing tracks as 
 
 within purview of statutes abrogating 
 
 fellow-servant rule. 47 L.R.A.(N.S.) 
 
 116. 
 Right and duty of mortgagee in possession 
 
 as to. 49 L.R.A. (N.S.) 123. 
 Duty of bailor and bailee respectively as to 
 
 repair of subject of bailment for use. 
 
 52 L.R.A. (N.S.) 412. 
 Treatment of cost of, in estimating the 
 
 return of a public service corporation 
 
 for rate-making purposes. 52 L.R.A. 
 
 (N.S.) 15. 
 Specific performance of repair contracts. 6 
 
 B. R. C. 912. 
 
 REPAIR SHOP. 
 
 Presumption of statutory authority of rail- 
 road to commit nuisance by maintain- 
 ing. 70 L.R.A. 589. 
 
 REPARATION. 
 
 Actions to enforce reparation awards by 
 Public Service Commissions. L.R.A. 
 1918E, 313. 
 
 REPAYING. 
 
 Liability of street railway for. 46 L.R.A. 
 197. 
 
 REPEAL. 
 
 Of corporate charter, see CORPORATIONS, 
 
 19. 
 Of ordinance, see MUNICIPAL CORPORATIONS, 
 
 22. 
 Of statute, see STATUTES, 31-35. 
 
 REPEATED MESSAGE. 
 
 See also UNREPEATED MESSAGE. 
 
 Applicability of stipulation as to repeated 
 messages to telegraph messages to fail- 
 ure or delay in transmission or deliv- 
 ery. 28 L.R.A. (N.S.) 566. 
 
 REPEATED TRESPASSES. 
 
 Injunction against. 13 L.R.A. (N.S.) 173; 
 21 L.R.A.(N.S.) 417. 
 
 REPETITION. 
 
 Of privileged statement as evidence of mal- 
 ice. 42 L.R.A. (N.S.) 1109.
 
 1174 
 
 INDEX TO L.R.A. NOTES. 
 
 REPLEVIN. 
 
 7. In general, 1, 2. 
 II. Bight of 'action and recovery, 
 3-10. 
 
 a. In general, 3-5. 
 
 b. For what, 6-1O. 
 III. Procedure, 11-16. 
 
 I. In general. 
 
 1. Generally. 
 
 Action of trover, see TBOVEE. 
 
 Right to damages for detention of property 
 pending appeal in replevin. 52 L.R.A. 
 (N.S.) 1199. 
 
 First and last days in computing time on. 
 49 L.R.A. 223. 
 
 Objection to specific performance of con- 
 tract in relation to personal property 
 that replevin or detinue furnishes a 
 remedy. L.R.A.1918E, 606. 
 
 2. Duty to preserve and return prop- 
 erty replevied. 
 
 Loss or destruction of the property. 69 
 
 L.R.A. 283. 
 
 Depreciation of the property. 69 L.R.A. 
 286. 
 
 /I. Bight of action and recovery, 
 a. In general. 
 
 3. Generally. 
 
 Right of tenant or cropper to maintain re- 
 plevin for crops. L.R.A.1917C, 1114. 
 
 Shipper's right to maintain replevin for 
 goods shipped for less rate than that 
 fixed by interstate commerce act. 38 
 L.R.A.(N.S.) 354. 
 
 Seller's mistake as to identity of vendee as 
 affecting the passing of the title to the 
 goods sold. 13 L.R.A. (N.S.) 413. 
 
 Bringing action for purchase price as waiver 
 of right in conditional sale to recover 
 property in specie. 23 L.R.A. (N.S.) 
 144. 
 
 Bight of one who intends to make an il- 
 legal use of property to invoke aid of 
 court for recovery from one who has 
 wrongfully taken 'the same. 39 L.R.A. 
 (N.S.) 1093. 
 
 To recover goods purchased with knowledge 
 of inability to pay for them. 44 L.R.A. 
 (N. S.) 1. 
 
 To recover stranded logs or timber. 43 
 L.R.A.(N.S.) 460. 
 
 Right of garnishee to replevy his property 
 taken in execution upon judgment 
 against him where there was no legal 
 service upon the principal debtor in the 
 principal suit. 51 L.R.A. (N.S.) 601. 
 
 Bailee's right to maintain action of, for 
 damage or conversion of bailed prop- 
 erty. 3 B. R. C. 393. 
 
 Right of chattel mortgagor to maintain re- 
 plevin to recover property unlawfully 
 seized by mortgagee assuming to act 
 under mortgage. L.R.A.1935E, 193. 
 
 REPLEVIN, II. a cont'd 
 4. Conditions precedent. 
 
 Necessity of returning consideration be- 
 fore bringing replevin for property 
 obtained by fraudulent purchase. 
 21 L.R.A. 206; 1 L.R.A.(N.S. 
 474. 
 
 Right of conditional seller to replevin prop- 
 erty without returning or offering to 
 return purchase monev. 38 L.R.A. 
 (N.S.) 897; 51 L.R.A.(N.S.) 251. 
 
 5. Where defendant not in posses- 
 sion. 
 
 Right to maintain action to recover prop- 
 erty in specie against one not in 
 possession. 18 L.R.A. (N.S.) 1265. 
 
 b. For what. 
 
 6. Generally. 
 
 Possessory action for tax receipts. 45 
 L.R.A.(N.S.) 785. 
 
 To recover gambling device. 45 L.R.A. 
 (N.S.) 336. 
 
 For crops. L.R.A.1917C, 1114. 
 
 For dogs. 40 L.R.A. 507. 
 
 For intoxicating liquors. 20 L.R.A. (N.S.) 
 1118. 
 
 For timber cut but not removed before ex- 
 piration of time limit. 29 L.R.A. 
 (N.S.) 547. 
 
 To recover the produce of trees unlawfully 
 cut from land. 19 L.R.A. 654. 
 
 For deed of real property. 20 L.R.A. (N.S.) 
 507. 
 
 For promissory note. 3 L.R.A. (N.S.) 138, 
 
 Right to maintain trover to recover pos- 
 session of paid bill or note. 16 L.R.A, 
 (N.S.) 1043. 
 
 7. Undivided interest in personalty. 
 
 General rule. 37 L.R.A. (N.S.) 267; L.R.A. 
 1916B, 1183. 
 
 Exception as to divisible property of uni- 
 form kind, qualitv, and value. C7 
 L.R.A. (N.S.) 269. 
 
 Commingled goods. 37 L.R.A. (N.S.) 270; 
 L.R.A.1916B, 1183. 
 
 8. Things severed from land. 
 
 Right to maintain, by or against one in 
 adverse possession of land, for 
 things severed. 69 L.R.A. 732. 
 To recover fence post cut by adjoining own- 
 er from hedge on boundary line. 46 
 L.R.A.(N.S.) 6. 
 
 Right of owner of land to replevin severed 
 crops grown thereon by one not in priv- 
 ity with him. L.R.A.1918A, 552. 
 
 9. Property in custody of law. 
 
 For property taken by levy under void or 
 voidable judgment. 55 L.R.A. 280. 
 
 10. property already replevined. 
 
 Right of one from whom property has been 
 taken in replevin to maintain simi- 
 lar action for its recovery. 8 
 L.R.A. (N.S.) 216. 
 
 Right of one not a party to original replevin 
 action to recover property seized under 
 process in that action. 5 L.R.A. (N.S.) 
 495. 
 
 Begin with this booh on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1175 
 
 KEPLEVIN cont'd 
 
 Replevin for property held under redelivery 
 bond given to secure release of prop- 
 erty from legal process. L.R.A.19171), 
 987. 
 
 ///. Procedure. 
 
 11. Generally. 
 
 Measure of recovery in, see DAMAGES, 69. 
 
 Right to break and enter dwelling to serve 
 writ of. L.R.A.1916D, 284. 
 
 Effect of admission to change burden of 
 proof and right to open and close. 61 
 L.R.A. 539, 546. 
 
 Right to accept favorable part of judgment 
 and appeal from the rest. 29 L.R.A. 
 (N.S.) 14. 
 
 Who is real party in interest, who must 
 bring action in replevin. 64 L.R.A. 
 606. 
 
 Whether action to be brought against ex- 
 ecutor or administrator in personal or 
 representative capacity. 51 L.R.A. 266. 
 
 12. Bond. 
 
 Measure of recovery on, see DAMAGES, 28. 
 
 Presumption as to time of alteration in. 
 39 L.R.A. (N.S.) 100. 
 
 Condition that replevin bond shall not take 
 effect until signed by others. 45 L.R.A. 
 334. 
 
 Effect of delivery of bond unsigned by prin- 
 cipal obligor. 12 L.R.A. (N.S.) _1118. 
 
 Rcplevy bond as precluding defendant in at- 
 tachment suit from attacking the 
 ground of attachment. 32 L.R.A. (N.S.) 
 406. 
 
 Form of judgment on replevin bond. 62 
 L.R.A. 453. 
 
 Effect upon surety on replevin bond of 
 judgment against principal. 40 L.R.A. 
 (N.S.) 744; L.R.A.1918E, 820. 
 
 Filing bond to secure release of property 
 as an appearance. L.R.A. 1916F, 587. 
 
 Effect of bond or receipt given to secure 
 surrender of property by officer as an 
 estoppel after it has been returned to 
 officer. L.R.A.1916F, 942. 
 
 Liability of sureties on replevin bond where 
 judgment is in favor of one principal 
 and against another. 51 L.R.A. (N.S.) 
 660. 
 
 Liability on replevin bond where suit is dis- 
 missed or discontinued or nonsuit suf- 
 fered, without a judgment for the re- 
 turn of the property. L.R.A.1917A, 
 1191. 
 
 Replevin for property held under a redeliv 
 ery bond given to secure release of prop- 
 erty from legal process. L.R.A.1917D, 
 987. 
 
 13. defects OP irregularities in. as 
 defense to action on bond which 
 has served its purpose. 
 
 Effect of insertion of unauthorized provi- 
 sions in. L.R.A.1917B, 990. 
 
 Enforceable as a common-law bond. 29 
 L.R.A. (N.S.) 747. 
 
 Amount of the bond. 29 L.R.A. (N.S.) 748. 
 
 Consult also L.R.A. Digests of Cases. 
 
 REPLEVIN, III. cont'd 
 
 Defect in condition of bond. 29 L.R.A. 
 
 (N.S.) 748. 
 
 Omission of name. 29 L.R.A. (N.S.) 749. 
 Irregularities in execution of bond. 29 
 
 L.R.A.(N.S.) 749. 
 Signing or delivering on Sunday. 29 L.R.A. 
 
 (N.S.) 750. 
 Delivery. 29 L.R.A. (N.S.) 751. 
 Acceptance and approval. 29 L.R.A. (N.S. ) 
 
 751. 
 
 Filing. 29 L.R.A. (N.S.) 751. 
 Failure of sureties to justify. 29 L.R.A. 
 
 (N.S.) 751. 
 
 Clerical errors. 29 L.R.A. (N.S.) 751. 
 Officer's assignment. 29 L.R.A. (N.S.) 752. 
 Alteration of bond. 29 L.R.A.(N.S.) 752. 
 Filing additional bond as release of sure- 
 ties on original undertaking. 29 
 
 L.R.A. 752. 
 Effect of disability of one of the makers. 
 
 29L.R.A.(N.S.) 752. 
 
 14. Defenses. 
 
 To action on bond, see supra, 13. 
 
 Availability of breach of warranty as de- 
 fense in replevin or claim and delivery 
 where not specially pleaded. 34 L.R.A. 
 (N.S.) 473. 
 
 15. Judgment, verdict. 
 
 What matters concluded by judgment, see 
 JUDGMENT, 36. 
 
 Judgment against plaintiff in replevin of 
 .logs involving boundary as establishing 
 boundary claimed by defendant. 38 
 L.R.A. (N.S.) 1020. 
 
 Requisites of special verdict in action of. 
 24 L.R.A.(N.S.) 18. 
 
 Right to reject property because of de- 
 preciation, under alternative judgment 
 for return of property or for its value. 
 45 L.R.A.(N.S.) 40. 
 
 Liability on replevin bond where suit is dis- 
 missed or discontinued, or nonsuit suf- 
 fered, without a judgment for the re- 
 turn of the property. L.R.A.1917A, 
 1191. 
 
 16. Set-off; recoupment. 
 
 Right of one garnished in respect of prop- 
 erty wrongfully taken from debt to set 
 off his own claim against latter. 30 
 L.R.A.(N.S.) 1185. 
 
 Right in replevin to recoup damages grow- 
 ing out of same transaction. 24 L.R.A. 
 (N.S.) 748. 
 
 REPLY. 
 
 See also PLEADING, 40. 
 
 Necessity of proof of genuineness of reply 
 letter. 17 L.R.A. (N.S.) 229. 
 
 REPORT. 
 
 Contempt in publishing inaccurate report 
 of court decision, see CONTEMPT, 6, 
 
 7.
 
 1176 
 
 INDEX TO LJwA. NOTES. 
 
 REPORT con t'd 
 
 Liability of corporate officers for failure to 
 
 file, see CORPORATIONS, 56. 
 Admissibility in evidence, see EVIDENCE, 
 
 130. 
 Privileged nature of, see LIBEL AND SLAN- 
 
 DEB, 24-27. 
 Of referee, see REFERENCE, 3. 
 
 Collateral attack for fraud not affecting 
 jurisdiction on judgments and orders 
 confirming. 36 L.R.A.(N.S.) 982. 
 
 Liability of corporate officer who fails to 
 file report required by statute to surety 
 or guarantor of corporate property. 35 
 L.R.A.(N.S.) 865. 
 
 False statements in reports required by 
 statute to be made by public officer as 
 basis of action by individuals at com- 
 mon law for deceit against corporate 
 officers or directors personally. 6 
 L.R.A.(N.S.) 872. 
 
 REPORTER. 
 
 See NEWSPAPERS. 
 
 REPRESENTATION. 
 
 As fraud, see FRAUD AND DECEIT. 
 By insured, see INSURANCE, V. h. 
 
 Of persons not in being. 8 L.R.A. (N.S.) 
 51. 
 
 Taxation without. 15 L.R.A. (N.S.) 67. 
 
 Power of corporate president and vice presi- 
 dent as to. 14 L.R.A. 359. 
 
 Effect of admission of state into the Union 
 upon provisions of ordinance of 1787 
 as to proportionate representation of 
 the people in the legislature. 52 L.R.A. 
 (N.S.) 311. 
 
 REPRODUCTIONS. 
 
 As infringement of common law rights in 
 literary productions. 51 L.R.A. 379; 
 43 L.R.A.(N.S.) 639. 
 
 REPUBLICAN FORM OF GOVERN- 
 MENT. 
 
 See CONSTITUTIONAL LAW, 21. 
 
 REPUDIATION. 
 
 Of agreement to turn state's evidence. 18 
 
 L.R.A. (N.S.) 823. 
 Right of officer to repudiate resignation. 
 
 L.R.A.1917F, 547. 
 
 REPUGNANCY. 
 
 In provisions of will, see WILLS, 63, 78. 
 
 Validity of condition in deed that the 
 grantee shall not sell in the lifetime of 
 the grantor. L.R.A.1916D, 930. 
 
 Validity of restraints on alienation of legal 
 life estates. L.R.A.1918E, 571. 
 
 REPURCHASE. 
 
 See also RESALE. 
 
 By corporation of its own shares of stock. 
 44 L.R.A.(N.S.) 156; L.R.A.1916F, 
 286. 
 
 Validity of contract by vendor to repur- 
 chase vendee's interest after latter's 
 default. 35 L.R.A. (N.S.) 544. 
 
 Agreement by corporation at time of sale 
 to repurchase its own shares of stock. 
 25 L.R.A. (N.S.) 53. 
 
 REPUTATION. 
 
 As to character, see CHARACTER. 
 
 Evidence as to, see EVIDENCE, 249-253. 
 
 Of deceased as affecting homicide, see HOMI- 
 CIDE, 3. 
 
 Actionability of statement as to servant's 
 reputation, see LIBEL AND SLANDER, 
 20, 27. 
 
 Competency of witness as to, see WITNESSES, 
 25. 
 
 Statute making reputation prima facie 
 evidence of character. L.R.A.1915C, 
 734. 
 
 Necessity of corroborating evidence as to 
 reputation of house to support a con- 
 viction for keeping disorderly house. 
 46 L.R.A.(N.S.) 593. 
 
 Of indorser as putting purchaser of nego- 
 tiable paper on inquiry. 29 L.R.A. 
 (N.S.) 373; 44 L.R.A.(N.S.) 403; 
 L.R.A.1918F, 1153. 
 
 Truth as defense to civil action for libel 
 or slander injurious to. 31 L.R.A. 
 (N.S.) 143. 
 
 Extent of trespasser's liability for injury to. 
 53 L.R.A. 634. 
 
 Certificate of, to servant; rights and lia- 
 bilities as to. 4 L.R.A. (N.S.) 1091. 
 
 Liability growing out of repetition of in- 
 formation affecting character of reputa- 
 tion of servant. 4 L.R.A. (N.S.) 1114. 
 
 Right of innkeeper to refuse to accept as 
 guest, persons of bad reputation. 52 
 L.R.A.(N.S.) 744. 
 
 Admissibility of declarations and repute on 
 question whether child was born dead or 
 alive. L.R.A.1918D, 1085. 
 
 REPUTED FATHER. 
 
 Right to custody or control of illegitimate 
 
 child. 65 L.R.A. 689. 
 
 JBegin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1177 
 
 REPUTED WIFE. 
 
 liability for necessaries furnished to. 
 L.R.A.1917B, 1290. 
 
 REQUEST. 
 
 As condition precedent to bringing of suit, 
 see ACTION OR SUIT, 9. 
 
 Of party for arbitration of insurance loss. 
 
 15 L.R.A. (N.S.) 1065. 
 For goods' as subject of forgery. 32 L.R.A. 
 
 (N.S.) 327. 
 
 RESALE. 
 
 For purpose of fixing damages from pur- 
 chaser's refusal to accept goods, see 
 DAMAGES, 35a. 
 
 Control over, as element of monopoly, see 
 MONOPOLY AND COMBINATIONS, 5, 6. 
 
 See also REPURCHASE. 
 
 Measure of damages for nondelivery of 
 goods as affected by resale before time 
 of delivery. 7 B. R. C. 356. 
 
 Measure of damages for delay in delivery of 
 goods purchased as affected by price at 
 which they were resold. 7 B. R. C. 331. 
 
 Purchaser's right on rejecting goods for 
 breach of warranty to resell them on 
 seller's account. 27 L.R.A. (N.S.). 932. 
 
 Validity of contract provision seeking to 
 control prices at which articles shall 
 be resold. 27 L.R.A.(N.S.) 395; 51 
 L.R.A.(N.S.) 522; L.R.A.1917A, 1285. 
 
 Validity of conditional sale contracts as af- 
 fected by expressed or implied permis- 
 sion to purchaser to resell in the or- 
 dinary course of business. L.R.A. 
 1917B, 658. 
 
 RESCISSION. 
 
 For breach of condition subsequent, see CON- 
 DITIONS, 13. 
 
 Of contract, generally, see CONTRACTS, 
 149-156. 
 
 Of deed, see DEEDS, 33. 
 
 Of contract of employment, see MASTER 
 AND SERVANT, 38. 
 
 Of contract for sale of personalty, see SALE, 
 62-70. 
 
 Of contract for sale of land, see VENDOR 
 AND PURCHASER, 22-25. 
 
 See also CANCELATION OF INSTRUMENTS, 
 22-25. 
 
 Power of corporation to rescind declaration 
 of dividend. L.R A.1917B, 736. 
 
 RESCUE. 
 
 Homicide to prevent (57 L.R.A. 302. 
 
 also L.R.A. Digests of Cases. 
 
 RESCUE cont'd 
 
 Right of one going on railroad crossing to 
 rescue property to recover for injury. 
 28 L.R. A. (N.S.) 346. 
 
 Voluntarily incurring danger to save an- 
 other's life as contributory negligence. 
 27 L.R.A.(N.S.) 1069. 
 
 Care required of one attempting to rescue 
 another in sudden emergency. 37 L.R.A. 
 (N.S.) 46. 
 
 RESEMBLANCE. 
 
 As evidence of relationship, see EVIDENCE, 
 
 154. 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 719. 
 
 RESENTEXCE. 
 
 Of person convicted of crime, see CRIMINAL 
 LAW, 76. 
 
 RESERVATION. 
 
 1. Generally. 
 
 In deeds, see DEEDS, 24-27. 
 
 Creation of easement by, see EASEMENTS, 
 
 8. 
 Of rights against others by releasing one 
 
 joint debtor, see JOINT CREDITORS AND 
 
 DEBTORS, 9. 
 Of title on sale of personal property, see 
 
 SALE, XI. b. 
 
 Of title in bailment for sale. 22 L.R.A. 
 
 850. 
 Knowledge or notice of, sufficient to put 
 
 purchaser from fraudulent vendor on 
 
 inquiry. 32 L.R.A. 56. 
 Of right to dam back water of stream. 59 
 
 L.R.A. 830. 
 Transfer of purchase money obligation aa 
 
 affecting reservation of title on con- 
 
 ditional sale. 37 L.R.A.(N.S.) 71. 
 Reservation of right of re-entry as affecting 
 
 character of instrument as assignment 
 
 or sublease. 42 L.R.A. ( N.S. ) 1084. 
 Validity of reservation in dedicating land 
 
 for street. L.R.A.1917C, 229. 
 
 2. Of public land. 
 
 Indian reservation, see INDIAN RESERVATION.. 
 Military reservation, see MILITARY RESER- 
 
 VATION. 
 
 Naval reservation, see NAVAL RESERVATION. 
 Forest reservation, see PUBLIC LANDS, 6. 
 
 Cutting of timber on. 70 L.R.A. 909. 
 
 RESERVE. 
 
 EfTect of statute providing for application 
 of reserve to purchase of extended or 
 paid up insurance. 13 L.R.A. (N.S.) 
 1046.
 
 1178 
 
 INDEX TO L.R.A. NOTES. 
 
 RESERVE FUND. 
 
 Taxation of, as part of capital stock of 
 corporation. 58 L.R.A. 569. 
 
 Effect of provision that deficiency in assess- 
 ment may be paid from. 10 L.R.A. 
 (N.S.) 264. 
 
 RESERVOIR. 
 
 Passing of storage reservoir to grantee of 
 mill. 58 L.R.A. 490. 
 
 Liability for withdrawing water from. 62 
 L.R.A. 579. 
 
 Liability for escape of water from. 15 
 L.R.A. (N.S.) 535. 
 
 Doctrine of "attractive nuisance" as ap- 
 plied to. 19 L.R.A.(N.S.) 1143; 47 
 L.R.A.(N.S.) 1101. 
 
 Contributory negligence of child falling 
 into. L.R.A.1917F, 109. 
 
 Right to consider value of property as part 
 of natural water power in fixing com- 
 pensation for taking land for. 3 
 L.R.A.(N.S.) 912. 
 
 RES GEST^J. 
 
 See EVIDENCE, XI. 
 
 RESHIPMENT. 
 
 Right of stoppage in transitu after reship- 
 ment. 34 L.R.A. (N.S.) 31. 
 
 RESIDENCE. 
 
 See DOMICIL AND RESIDENCE. 
 
 RESIDENT COUNSEL. 
 
 Attorney's implied power to employ. 23 
 L.R.A.(N.S.) 707. 
 
 RESIDUARY CLAUSE. 
 
 What property passes under, see WILLS, 
 74. 
 
 RESIDUARY LEGATEE. 
 
 Right of, to gift failing for remoteness. 20 
 
 L.R.A. 517. 
 When will the appointment of a residuary 
 
 legatee amount to a gift of undisposed 
 
 of realty. 5 B. R. C. 141. 
 
 RESIGNATION. 
 
 Of personal representative, see EXECUTORS 
 
 AND ADMINISTRATORS, 8. 
 Of officer, see OFFICERS, 19. 
 Of referee, see REFERENCE. 
 
 Necessity of and time for acceptance of 
 resignation by employee of a private 
 employer. L.R.A.1915D, 477. 
 
 RES IPSA LOQUITUR. 
 
 See EVIDENCE, III. g. 
 
 RESISTANCE. 
 
 Of arrest, see ARREST, 7, 8. 
 Of trespass, see TRESPASS, 3. 
 
 RESISTING ARREST. 
 
 See ABEEST, 7, 8. 
 
 RESISTING OFFICER. 
 
 See AKBEST, 7, 8. 
 
 -*-^*- 
 
 RES JUDIGATA. 
 
 See JUDGMENT, III. 
 
 4 
 
 RESOLUTION. 
 
 Distinguished from ordinance. 14 L.R.A. 
 268. 
 
 First and last days in computing time for 
 passing and taking effect of. 49 L.R.A. 
 243. 
 
 Effect of resolution of city to pay judgment 
 against it to excuse creditor's failure 
 to issue execution or revive judgment 
 during statutory period. 2 L.R.A. 
 (N.S.) 855. 
 
 Effect of resolution by corporate directors 
 to complete a contract. IS L.R.A. 
 (N.S.) 293. 
 
 Retroactive effect of resolution of mutual 
 insurance company changing period 
 during which policy may be contested 
 for suicide. 12 L.R.A.(N.S.) 504. 
 
 Begin ivith this ftoofc on every law question. 
 
 RESPONDEAT SUPERIOR. 
 
 In general, see MASTER AND SERVANT, IV.
 
 INDEX TO L.R.A. NOTES. 
 
 1179 
 
 RESPONDENTIA. 
 
 Bonds of, as giving maritime lien. 70 L.R.A. 
 429. 
 
 RESTRAINT ON ALIENATION. 
 
 RESTAURANT. 
 
 1. Generally. 
 
 Power to require license to keep, see LI- 
 CENSE, 22h. 
 
 Municipal control over, see MUNICIPAL COR- 
 PORATIONS, 47. 
 
 Use of railroad right of way for purposes 
 of, as against owner of fee. 36 L.R.A. 
 
 (N.S.) 518. 
 
 2. Liability of keeper of. 
 
 Liability for serving unfit food. 40 L.R.A. 
 (N.S.) 480; L.R.A.1915B, 481. 
 
 Liability of keeper of, for assault by his 
 servant upon a patron. 32 L.R.A. 
 (N.S.) 1155; L.R.A.1918E, 708. 
 
 Liability of restaurant keeper to customer 
 for injury by act of servant in 
 emergency. 21 L.R.A. (N.S.) 464. 
 
 Proprietor of hotel conducted on European 
 plan as keeper of, within license stat- 
 ute or ordinance. 17 L.R.A. (N.S.) 566. 
 
 Serving liquor with meals by proprietor of 
 hotel or restaurant as a sale thereof. 
 25 L.R.A.(N.S.) 943; 52 L.R.A.(N.S-) 
 722. 
 
 Serving game or fish with meal as violation 
 of game law. L.R.A.1917F, 769. 
 
 RESTITUTION. 
 
 On reversal, see APPEAL AND ERROR, 44a. 
 
 RESTORATION. 
 
 As prerequisite to rescission of contract, 
 
 see CONTRACTS, 156. 
 On disaffirmance of infant's contract, see 
 
 INFANTS, 23. 
 To office, see OFFICERS, 26. 
 
 Restoration of right to vote by service of 
 sentence upon conviction for crime. 32 
 L.R.A. (N.S.) 418. 
 
 Right of riparian owner to restore stream 
 which has changed its course by 
 natural causes to old channel. L.R.A. 
 1916F, 407. 
 
 RESTRAINT OF TRADE. 
 
 Contracts in restraint of trade, see CON- 
 TRACTS, 107-109, 117, 118; MONOP- 
 OLY AND COMBINATIONS. 
 
 Breach of contract not to engage in rival 
 business, see CONTRACTS. 131 c. 
 
 Consult also L.R.A. Digests of Cases. 
 
 In will, see WILLS, 78, 87. 
 See also PERPETUITIES. 
 
 RESTRAINT ON MARRIAGE. 
 
 See MARRIAGE, 3. 
 
 RESTRICTIONS. 
 
 Restrictive covenants, see COVENANTS, 
 5-7, 21-25. 
 
 On use of dedicated property, see DEDI- 
 CATION, 3. 
 
 On purchaser of patent, or patented article, 
 see PATENTS, 12, 13. 
 
 On right of railroads to combine, see Rail- 
 roads, 10. 
 
 On sale or use of property as affecting pur- 
 chaser, see SALE, 43. 
 
 On power of corporation or association to 
 take under will, see WILLS, 72, 73. 
 
 In will, see WILLS, 83-90. 
 
 On admission to theater or other place of 
 amusement. L.R.A.1916E, 253. 
 
 Right of purchaser of personalty to sell or 
 use it free from restrictions affecting 
 it in hands of vendor. 55 L.R.A. 631. 
 
 Validity of restriction in deed as to use of 
 property inserted for purpose of secur- 
 ing a monopoly to the grantor. 14 
 L.R.A.(N.S.) 910. 
 
 Right of manager to impose restrictions on 
 admission to theater. 1 L.R.A. (N.S.) 
 1188. 
 
 Offense of keeping gaming house as affected 
 by restrictions on admission. 33 
 L.R.A. (N.S.) 549. 
 
 RESTRICTIVE COVENANTS. 
 
 See COVENANTS, 5-7, 21-25. 
 
 RESULTING TRUSTS. 
 
 See TRUSTS, 13. 
 
 RETAIL. 
 
 What constitutes sale of liquor at, sec IN- 
 TOXICATING LIQUORS, 21. 
 
 Right to fix retail price of book as inci- 
 dent of copyright. 15 L.R.A. (N.S.) 
 767. 
 
 Condition imposed by manufacturer as to 
 retail price, as binding upon retailer 
 purchasing from middleman. 3 B. R. 
 C. 299.
 
 1180 
 
 INDEX TO L.R.A. NOTES. 
 
 RETAINER. 
 
 Of attorney, see ATTORNEY, 7. 
 
 RETAINING WALL. 
 
 Duty as to maintenance and repair of. 
 
 L.R.A.1917F, 683. 
 Cost of, as element of damages for removal 
 
 of lateral support. 68 L.R.A. 706. 
 
 RETAKING. 
 
 Seller's right to retake property, see SALE, 
 44, 50. 
 
 RETALIATION. 
 
 Disproportionate retaliation as affecting 
 degree of homicide in heat of passion. 
 5 L.R.A.(N.S.) 822. 
 
 Retaliatory statements in argument of 
 counsel to jury. L.R.A.1918D, 18, 107. 
 
 RETALIATION LAWS. 
 
 In respect to corporate taxation. 60 L.R.A. 
 
 360. 
 Imposing restrictions on business of foreign 
 
 insurance companies. 24 L.R.A. 303. 
 
 RETENTION. 
 
 Of witnesses, see WITNESSES, 3. 
 
 RETENTION OF POSSESSION. 
 
 Presumption of fraud towards creditors 
 
 from, see EVIDENCE, 49. 
 Effect of, on validity of conveyance as 
 
 against creditors, see 
 CONVEYANCES, 19, 20. 
 
 FRAUDULENT 
 
 RETORNO HABENDO. 
 
 Right to break and enter dwelling to serve 
 writ of. L.R.A.1916D, 284. 
 
 RETRACTION. 
 
 RETRAXIT. 
 
 Right of attorney to enter retraxit. 
 L.R.A.(N.S.) 1313. 
 
 RETREAT. 
 
 Necessity of, before committing homicide,, 
 see HOMICIDE, 29. 
 
 RETROSPECTIVE BY-LAW. 
 
 Validity of retrospective by-law of benefit 
 society or insurance company, see IN- 
 SURANCE, 47. 
 
 RETROSPECTIVE STATUTES. 
 
 In general, see CONSTITUTIONAL LAW, 8- 
 10; STATUTES, 28. 
 
 Criminal responsibility for violation of a 
 statute after a judicial ruling that it 
 was unconstitutional and before that 
 ruling had been changed. 33 L.R.A. 
 (N.S.) 788. 
 
 Sufficiency of. to reduce damages in libel as 
 a question for court or for jury. 25 
 L.R.A. (X.S.) 796. 
 
 Begin icith this TtooTc on every laic question. 
 
 RETURN. 
 
 1. Generally. 
 
 To execution, see EXECUTION, 10. 
 
 Of public service corporations, see PUBLIC 
 SERVICE CORPORATIONS, 6. 
 
 Of process generally, see WRIT AND PROC- 
 ESS, 41. 
 
 Necessity of, to protect officer making ar- 
 rest. 51 L.R.A. 201. 
 
 2. Of money or goods. 
 
 Of insurance premium, see INSURANCE, 
 116-118. 
 
 Recovery back of money paid, see ASSUMP- 
 SIT, 2-10. 
 
 Of purchase price, see JUDICIAL SALE, 15; 
 PURCHASE MONEY, 4. 
 
 Of consideration on setting aside release, 
 see RELEASE, 7. 
 
 Necessity of, on breach of warranty, see 
 SALE, 57. 
 
 Of consideration as prerequisite to rescis- 
 sion of contract of sale, see SALE, 64. 
 
 Necessity for, as condition of judgment 
 
 creditor's right to receivership. 33 
 
 L.R.A. 546. 
 Liability of auctioneer or clerk of* auction 
 
 for return of money. 35 L.R.A. (X.S.) 
 
 481. 
 Construction of provision for return of 
 
 goods sold in case of rescission for 
 
 breach of warranty. 32 L.R.A. (N.S.), 
 
 212.
 
 INDEX TO L.R.A. NOTES. 
 
 1181 
 
 RETURN DAY. 
 
 Amendment of claim or pleading by chang- 
 ing return day as discharge of sureties 
 on bonds given to dissolve attachments 
 or on bail bonds in civil actions. 42 
 L.R.A.(N.S.) 4!)0. 
 
 Effect of uncertainty as to return day in 
 copy of writ or process delivered to per- 
 son served. L.R.A.1917C, 156. 
 
 REVALUATION. 
 
 Of homestead, see HOMESTEAD, 21. 
 
 4 
 
 REVENUE. 
 
 Internal revenue, see INTERNAL REVENUE. 
 
 What are acts for raising revenue which 
 must originate in lower branch of 
 legislature. 35 L.R.A. 188. 
 
 Conclusiveness of enrolled bill for raising. 
 40 L.R.A.(N.S.) 1. 
 
 Execution of revenue bond on condition 
 that others shall sign. 45 L.R.A. 335. 
 
 What is revenue on which guardian is enti- 
 tled to commissions. L.R.A.1917C, 194. 
 
 REVENUE OFFICERS. 
 
 Liability of landlord of office building for 
 injury to. L.R.A.1916F, 1120. 
 
 REVENUE STAMP. 
 
 In general, see INTERNAL REVENUE, 2. 
 
 Omission from copy of writ or process de- 
 livered to person served of copy of rev- 
 enue stamp upon the original writ. 
 L.R.A.1917C, 154. 
 
 4 
 
 REVERSAL. 
 
 Grounds for, see APPEAL AND ERROR, 35- 
 40. 
 
 REVERSED CONVICTION. 
 
 Ag evidence of probable cause. L.R.A. 
 1916F, 196. 
 
 REVERSIBLE ERROR. 
 
 See APPEAL AND ERROR, 35-40. 
 Consult also L.R.A. Digests of Cases. 
 
 REVERSION. 
 
 Of property dedicated, see DEDICATION, 9. 
 Under provisions of deed, see DEEDS, 35. 
 Of street, see HIGHWAYS, 112. 
 
 Reversionary interests as subject of attach- 
 ment or levy on execution. 23 L.R.A. 
 643; 30 L.R.A. (N.S.) 118. 
 
 Are "heirs" who take under the possibility 
 of reverter determined as of the time 
 of the ancestor's death, or as of the 
 time of the termination of the fee. 18 
 L.R.A. (N.S.) 624. 
 
 Possibility of reverter on dedication of land 
 in which third persona have an inter- 
 est. 31 L.R.A.(N.S.) 1026. 
 
 Effect on estates in reversion of tax sale 
 during existence of life estate. 33 
 L.R.A. 688. 
 
 REVERSIONARY INTEREST. 
 
 Personal liability of a trustee for losses to 
 trust estate from investing funds on se- 
 curity of. 44 L.R.A.(N.S.) 918. 
 
 REVERSIONERS. 
 
 Adverse possession by or against, see AD- 
 VERSE POSSESSION, 9. 
 
 Rights of, in eminent domain proceedings, 
 see EMINENT DOMAIN, 37.* 
 
 Liability of reversioner for injury to ten- 
 ant's guests and servants from defects 
 in premises. 34 L.R.A. 611; 46 L.R.A. 
 85. 
 
 Rights of, in case of injury by escape and 
 explosion of gas. 29 L.R.A. 359. 
 
 4 * 
 
 REVERTER. 
 
 See REVERSION. 
 
 REVIEW. 
 
 1. Generally. 
 
 By appeal or error, see APPEAL AND ERROR. 
 
 By certiorari, see CERTIORABI. 
 
 As to new trial, generally, see NEW TRIAL. 
 
 First and last days in computing time for. 
 49 L.R.A. 226. 
 
 Supplemental bill in nature of bill to re- 
 view interlocutory decree. 1 L.R.A. 
 (N.S.) 1029. 
 
 Review of controversies arising in bank- 
 ruptcy proceedings. 10 L.R.A. (N.S.) 
 765. 
 
 Bill in equity to set aside a divorce as a 
 bill of review. L.R.A.1917B, 421. 
 
 Review of findings of fact by administrative 
 board or trial court in Workmen's 
 Compensation cases. L.R.A.1917D, 
 130.
 
 1182 
 
 INDEX TO LR.A. NOTES. 
 
 REVIEW cont'd 
 
 2. Right to maintain bill of, as de- 
 pendent on interest. 
 
 Who cannot file bill of review. 36 L.R.A. 
 
 385. 
 Bill in nature of bill of review. 36 L.R.A. 
 
 385. 
 
 Original bill. 36 L.R.A. 386. 
 Who may maintain bill of review. 36 
 
 L.R.A. 386. 
 
 Must be injured. 36 L.R.A. 386. 
 Reversal must benefit. 36 L.R.A. 387. 
 Must show interest. 36 L.R.A. 388. 
 Statutes. 36 L.R.A. 389. 
 
 3. For newly discovered evidence. 
 
 In general. 4 L.R.A.(N.S.) 865; 30 L.R.A. 
 
 (N.S.) 1030. 
 
 Purpose of bill. 30 L.R.A. (N.S.) 1031. 
 Necessity of leave to file. 30 L.R.A. (N.S.) 
 
 1031. 
 
 Petition for leave. 30 L.R.A. (N.S.) 1033. 
 Nature of new evidence. 30 L.R.A. (N.S.) 
 
 1034. 
 
 Time of discovery. 30 L.R.A. (N.S.) 1038. 
 Diligence in discovery of evidence. 30 
 
 L.R.A,(N.S.) 1039. 
 
 REVISORY LAWS. 
 
 Title of, see STATUTES, 14. 
 
 f REVIVAL,. 
 
 Of action, see ABATEMENT AND REVIVAL, 8. 
 Of debt released by discharge in bank- 
 
 ruptcy, see BANKRUPTCY, 36. 
 Of judgment, see JUDGMENT, 79, 80. 
 Of mortgage, see MORTGAGE, 59, 60. 
 Revival of will, see WILLS, 43, 44. 
 
 Conflict of laws as to revival of policy. 63 
 
 L.R.A. 846. 
 Of lien upon automobile for repairs or stor- 
 
 age. L.R.A.1918D, 335. 
 Of condoned matrimonial offenses. 6 B. R. 
 
 C. 650. 
 
 REVOCATION. 
 
 Of submission to arbitration, see ARBITRA- 
 TION, 3. 
 
 Of authority of broker, see BROKERS, 4. 
 
 Of check, see CHECKS. 
 
 Of foreign corporation's license, see CORPO- 
 RATIONS, 141. 
 
 Of deed, see DEEDS, 34. 
 
 Of letters of administration or probate, see 
 EXECUTORS AND ADMINISTRATORS,- 
 9, 16. 
 
 Of gift, see GIFT, 16. 
 
 Of license generally, see LICENSE, 10, 11, 
 17, 18. 
 
 Of liquor license, see INTOXICATING 
 LIQUORS, 15. 
 
 Of physician's license, see PHYSICIANS 
 AND STTRGEONS, 10. 
 
 Of teacher's license, see SCHOOLS, 14. 
 
 REVOCATION cont'd 
 
 Of power of sale under mortgage, see MORT- 
 GAGE, 76. 
 
 Of agency, see PRINCIPAL AND AGENT, 
 0, 7, 9, 10. 
 
 Of trust, see TRUSTS, 17. 
 
 Of will, see WILLS, 34-42. 
 
 Of probate, see WILLS, 55. 
 
 Of appointment of agent on whom process 
 may be served, see WRIT AND PROCESS, 
 29. 
 
 Of privilege of using streets as an impair- 
 ment of contract obligations. L.R.A. 
 1918E, 892. 
 
 Of contract for transfer of parental re- 
 sponsibility or authority. 27 L.R.A. 
 58; 42 L.R.A. 1016. 
 
 Of proxy to vote corporate stock. 29 
 L.R.A. 848. 
 
 Of conveyance by husband to wife. 69 
 L.R.A. 367. 
 
 Sufficiency of execution by will of power of 
 appointment after its revocation. 64 
 L.R.A. 905. 
 
 Does power of sale in mortgage or deed of 
 trust prevent its revocation by death 
 of mortgagor. 70 L.R.A. 135. 
 
 Liability of owner on revoking authority of 
 real estate broker employed for a defi- 
 nite period. 38 L.R.A. (N.S.) 366^ 
 L.R.A.1918D, 731. 
 
 Revocability of executed gift. 2 L.R.A. 
 (N.S.) 285. 
 
 Statute of limitations as defense to revoca- 
 tion of attorney's license. 11 L.R.A, 
 (N.S.) 557; L.R.A.1915D, 1218. 
 
 Of codicil to will as affecting will. 46 
 L.R.A.(N.S.) 983. 
 
 Revocation of consent given by one spouse 
 to will of the other in the latter's 
 lifetime. L.R.A.1915E, 815. 
 
 REVOLUTION. 
 
 Litigation arising out of Mexican Revolu- 
 tion. L.R.A.1917A, 280; L.R.A.1918E, 
 361. 
 
 REVOLVING DOOR. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 170. 
 
 REVOLVING SHAFT. 
 
 Doctrine of "attractive nuisance" as ap- 
 plied to injury from. 19 L.R.A. (N.S.) 
 1130. 
 
 licyin icith this ftoofc on every law question. 
 
 REWARDS. 
 
 1. Generally. 
 
 For finding property. 37 L.R.A. 119. 
 Claims against state for. 42 L.R.A. 63. 
 Necessity of prior knowledge of reward as 
 
 condition of earning the same. 9 
 
 L.R.A. (N.S.) 1057.
 
 INDEX TO L.R.A. NOTES. 
 
 1183 
 
 REWARDS cont'd 
 
 Right to maintain action for prize offered 
 
 in prize contest. 33 L.R.A. (N.S.) 305. 
 Voluntariness of confession induced by 
 
 promise of. 18 L.R.A. (N.S.) 823; 50 
 
 L.R.A. (N.S.) 1086. 
 Larceny of property found by holding for 
 
 reward. 37 L.R.A. 125; 52 L.R.A. 
 
 (N.S.) 1016. 
 
 2. Use of public money for. 
 
 Use of public money for rewards for crimi- 
 nals. 14 L.R.A. 480. 
 
 3. What must be done to earn. 
 
 Prior knowledge of reward as a condition 
 
 of earning the same. L.R.A. 1916A, 
 
 1279. 
 What must be done to earn reward for 
 
 arrest. 7 L.R.A. (N.S.) 217; 46 L.R.A. 
 
 (N.S.) 662. 
 
 4. Right of officer to. 
 
 Right to claim reward for arrest. 11 
 L.R.A. (N.S.) 1170; 34 L.R.A. (N.S.) 
 924; 43 L.R.A.(N.S.) 131; L.R.A. 
 1918E, 351. 
 
 Effect of assistance of officers on right to 
 reward for procuring arrest. 7 L.R.A. 
 (N.S.) 217. 
 
 RHEUMATISM. 
 
 As element of damages for negligent in- 
 jury. 48 L.R.A. (N.S.) 102. 
 
 RICE BEER. 
 
 Judicial notice of intoxicating character 
 of. 48 L.R.A. (N.S.) 316. 
 
 RIDER. 
 
 Effect of, on insurance policy. 30 L.R.A. 
 636. 
 
 RIGGIXG. 
 
 HTondelegability of duty to protect servant 
 from defects in. 54 L.R.A. 72. 
 
 RIGHT AND WRONG. 
 
 Impulse obliterating sense of, as excuse for 
 crime. 18 L.R.A. 229. 
 
 RIGHT OF ACTION. 
 
 See ACTION OR SUIT, 4. 
 
 RIGHT OF ENTRY. 
 
 On condition broken, see CONDITIONS, 12. 
 Consult also L.R.A. Digests of Cases. 
 
 RIGHT OF WAY. 
 
 See EASEMENTS; EMINENT DOMAIN, 21, 
 22, 25, 49, 50; RAILROADS, 15-18; 
 TELEPHONES, 3. 
 
 RINKS. 
 
 As places of amusement within civil rights 
 acts. 19 L.R.A. (N.S.) 907. 
 
 RIOTS. 
 
 See MOBS AND RIOTS. 
 
 RIPARIAN OWNERS. 
 
 See WATERS, II. 
 
 RIPARIAN RIGHTS. 
 
 See WATERS, II. 
 
 RISK. 
 
 Insurance against, see INSURANCE, 153 
 
 171. 
 Assumption of, by servant, see MASTER AND- 
 
 SERVANT, III. b. 
 
 Agreement as to risk as a test to determine 
 when title passes under a contract of 
 sale. L.R.A.1918B, 822. 
 
 RITUAL. 
 
 Right of benevolent, fraternal, or social or- 
 der to protection against use of, by 
 another organization. L.R.A. 1915B, 
 1074. 
 
 RIVAL BUSINESS. 
 
 Restriction against servant conducting, 
 see MASTER AND SERVANT, 8, 16. 
 
 RIVERS. 
 
 In general, see WATERS. 
 
 As boundary between states, see BOUND- 
 ARIES, 2 a. 
 
 As boundary of private property, see 
 BOUNDARIES, 6. 
 
 Jurisdiction over inland rivers. 46 L.R.A. 
 
 276. 
 Navigability of. 42 L.R.A. 305. '
 
 INDEX TO L.R.A. NOTES. 
 
 RIVERS confd 
 
 Water overflowing banks as surface water. 
 25 L.R.A. 529. 
 
 Title to land under rivers. 42 L.R.A. 162. 
 
 Duty and obligation of vessel on, in re- 
 spect to sick or injured member of 
 crew. 35 L.R.A. (N.S.) 199. 
 
 ROADBED. 
 
 Master's liability for injury by defective 
 roadbed. 54 L.R.A. 169; 49 L.R.A. 
 (N.S.) 198. 
 
 Scope of provision exempting insurer or 
 limiting liability when insured injured 
 on roadbed of railroad. 8 L.R.A. 
 (N.S.) 970. 
 
 ROAD COMMISSIONERS. 
 
 Power of, to vacate highway. 26 L.R.A. 824. 
 
 ROADMASTER. 
 
 As fellow servant. 52 L.R.A. (N.S.) 1101. 
 
 Authority of roadmaster or railway com- 
 pany to contract for services of other 
 persons. L.R.A.1918F, 64. 
 
 ROAD WORK. 
 
 Compulsory use of private .property in. 
 42 L.R.A.(N.S.) 1045; L.R.A.1918D, 
 974. 
 
 ROBBERY. 
 
 1. Generally. 
 
 Of passenger, see CARRIERS, III. e. 
 
 Of other's spouse's property, see HUSBAND 
 
 AND WIFE, 46. 
 
 Indictment for, see INDICTMENT, ETC., 28. 
 Insurance against loss by, see INSURANCE, 
 
 221. 
 
 Effect of provision in accident insurance 
 policy exempting insurer or limiting its 
 liability in case of injury intentional- 
 ly inflicted by another where injuries 
 were inflicted by robbers. 48 L.R.A. 
 (N.S.) 528. 
 
 What intoxication will excuse. 36 L.R.A. 
 469". 
 
 As affected by right, or belief in right, to 
 prop'ertv sought to be secured. 40 
 L.R.A.(N.S.) 801. 
 
 Forcibly compelling payment of debt as 
 robbery. 10 L.R.A.(N.S.) 744. 
 
 By officers after making an arrest. 1 
 L.R.A. (N.S.) 1024; 3 L.R.A.(N.S.) 
 508. 
 
 Several offenses growing out of same facts. 
 31 L.R.A. (N.S.) 725. 
 
 Homicide in attempting to prevent. 67 
 L.R.A. 534. 
 
 ROBBERY cont'd 
 
 Responsibility of one assisting in robbery 
 during which his companion commits 
 murder. 45 L.R.A. (N.S.) 55. 
 
 Absence from the scene of homicide as af- 
 fecting the responsibility of a party to 
 a common design to commit robbery. 
 L.R.A.1918B, 75. 
 
 As affecting liability on official bond. 22 
 L.R.A. 450. 
 
 2. Instigation to commit. 
 
 Instigation to commit. 25 L.R.A. 343. 
 Instigation of offense as a defense to prose- 
 cution. 30 L.R.A. (N.S.) 952. 
 
 3. Attempt to commit. 
 
 Procuring or providing instrumentality 
 adapted to commission of, with intent 
 to commit same as an attempt to com- 
 mit. 6 L.R.A. (N.S.) 804. 
 
 4. By taking from person property 
 belonging to another. 
 
 In general. 67 L.R.A. 344. 
 Taking from wife or servant. 67 L.R.A. 
 346. 
 
 5. What force sufficient to constitute. 
 
 In general. 57 L.R.A. 432; 46 L.R.A. (N.S.) 
 
 1150; L.R.A.1918E, 937. 
 Actual force. 57 L.R.A. 432; 46 L.R.A. 
 
 (N.S.) 1150; L.R.A.1918E, 937. 
 Constructive force. 57 L.R.A. 439; 46 
 
 L.R.A.(N.S.) 1151; L.R.A.1918E, 938. 
 Force used to obtain property under color 
 
 of right or claim of ownership. 57 
 
 L.R.A. 443. 
 Force employed as a means of escape or to 
 
 prevent a recaption of property taken 
 
 without force. 57 L.R.A. 443 ; 46 L.R.A. 
 
 (N.S.) 1153; L.R.A.1918E, 938. 
 Decisions under special statutes. 57 L.R.A. 
 
 445; 46 L.R.A. (N.S.) 1153; L.R.A. 
 
 1918E, 938. 
 
 6. Evidence in prosecution for. 
 
 Right of one to testify as to his intent. 23 
 L.R.A.(N.S.) 390. 
 
 Evidence of other crimes in prosecution for. 
 62 L.R.A. 288, 318, 324; L.R.A.1917D, 
 388. 
 
 Proof of corpus delicti in prosecution for. 
 68 L.R.A. 46, 65, 70. 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence on prosecution 
 for. 69 L.R.A. 203. 
 
 7. Punishment for. 
 Cruel and unusual punishment for. 35 
 L.R.A. 577; L.R.A.1915C, 569. 
 
 *-- 
 
 Begin ivith this l)oolc on every law question. 
 
 ROCK. 
 
 As defect in dock or wharf. 61 L.R.A. 948. 
 As deadly weapon. 21 L.R.A. (N.S.) 507. 
 Injury by rocks rolling down hillside or de- 
 cline. L.R.A. 1915B, 426.
 
 INDEX TO L.R.A. NOTES. 
 
 1185 
 
 ROCK OILS. 
 
 Keeping of, on insured premises. 
 1917C, 278. 
 
 L.R.A. 
 
 ROENTGEN RAY. 
 
 See X-RAY. 
 
 ROGUES' GALLERY. 
 
 Right to take or retain in rogues' gallery 
 picture of one accused of crime before 
 conviction. 7 L.R.A. (N.S.) 274; 23 
 L.R.A. (N.S.) 739; L.R.A.1916A, 743. 
 
 Truth of charge as to, as defense to civil 
 action for libel or slander. 31 L.R.A. 
 (X.S.) 146. 
 
 ROLLER SKATING. 
 
 Liability for injury to child skating on 
 street. 34 L.R.A. (X.S.) 118. 
 
 Reciprocal duty of driver of automobile and- 
 child roller skating in street. L.R.A. 
 1918A, 257. 
 
 ROLLING OBJECTS. 
 
 Permitting articles to roll down hillside 
 or decline. L.R.A.1915B, 426. 
 
 ROLLING STOCK. 
 
 Injury to servant by defects in, see MASTER 
 AND SERVANT, 93. 
 
 Applicability of res ipsn loquitur in case of 
 injurv to servant by derailment of roll- 
 ing stock. L.R.A.1917E, 212. 
 
 State regulation of equipment of railroad 
 rolling stock as interference with inter- 
 state commerce. 32 L.R.A. (N.S.) 20. 
 
 Situs of, for tax purposes. 69 L.R.A. 447. 
 
 Of railroad as personalty or real estate. 
 66 L.R.A. 49, 55. 
 
 ROOF. 
 
 Landlord's duty to repair. 14 L.R.A. 241. 
 
 Landlord's liability for injuries from defect- 
 ive condition of. 4 L.R.A. (N.S.) 1142; 
 L.R.A.1917B, 225, 236. 
 
 Negligence as to electric wires on. 32 
 L.R.A. 401. 
 
 ROOMERS. 
 
 See LODGERS. 
 
 ROOMING HOUSE. 
 
 See LODGING HOUSES. 
 
 ROPES. 
 
 Nondelegability of duty to protect servant 
 
 from defects in. 54 L.R.A. 72. 
 Application of res ipsa loquitur in case of 
 
 injury to servant bv breaking of. 
 
 L.R.A.1917E, 239. 
 Contributory negligence of one struck by 
 
 guy rope stretched across street. 
 
 L.R.A.1918A, 205. 
 
 ROTATION. 
 
 Provision in irrigation contract as to fur- 
 nishing water by rotation. L.R.A. 
 1916F, 270. 
 
 ROUNDHOUSE. 
 
 Servants in, as fellow servants. 50 L.R.A. 
 
 460. 
 \York in, as railroad hazard within statute 
 
 changing fellow servant rule. 18 
 
 L.R.A.(N.S.) 482; 47 L.R.A. (N.S.) 117. 
 Railroad roundhouse as nuisance. 32 L.R.A. 
 
 (N.S.) 374. 
 
 ROUND TRIP TICKET. 
 
 See CARRIERS, 22. 
 
 ROUTE. 
 
 Regulation of route of jitney busses. 
 
 L.R.A.1918B, 915; L.R.A.1918F, 476. 
 Duty of carrier as to. 37 L.R.A. (X.S.) 222. 
 Extent of ticket agent's authority as to. 
 
 31 L.R.A. (N.S.) 231. 
 
 Routing of telegram. 50 L.R.A. (N..) 94. 
 Reasonableness of rule as to route by which 
 
 passengers shall be carried. L.R.A. 
 
 1915B, 761. 
 Privilege from service of process a,s affected 
 
 by route taken. L.R.A.1917B, 252. 
 
 ROUTE AGENT. 
 
 Authority of route agent of express com- 
 pany to contract for services of other 
 persons. L.R.A.1918F, 68. 
 
 Consult also L.R.A. Digests of Cases. 75 
 
 ROYALTIES. 
 
 Provision for, in mining lease, see MINES, 
 
 III. 
 For use of patent, see PATENTS, III.
 
 1186 
 
 INDEX TO L.R.A. NOTES. 
 
 RUBBISH. 
 
 Obligation of tenant to remove. 64 L.K.A. 
 
 652, 662. 
 Municipal liability for injury by rubbish in 
 
 street. 20 L.R.A. (N.S.) 610. 
 Fire in, as attractive nuisance. L.R.A. 
 
 1917F, 1036. 
 
 RULE IN SHELLEY'S CASE. 
 
 See DEEDS, 30; W T ILLS, 82. 
 
 RULE OF THE ROAD. 
 
 See NEGLIGENCE, 25, 40. 
 
 RULES. 
 
 Of carrier, see CARRIERS, 4. 
 
 Of insurance company, see INSURANCE, 
 46, 47. 
 
 Master's duty and liability as to, see MAS- 
 TER AND SERVANT, 71. 
 
 Disobedience of, by servant, as contributory 
 negligence, see MASTER AND SERVANT, 
 125. 
 
 Master's liability to third person for injury 
 by servant's disobedience of, see MAS- 
 TEB AND SERVANT, 184. 
 
 Of miners as to location of mining claim. 
 7 L.R.A. (N.S.) 768. 
 
 Of gas company as to meters. 30 L.R.A. 
 (N.S.) 492. 
 
 Effect of clearing house rules. 25 L.R.A. 
 830. 
 
 Violation by servant of rule adopted by rail- 
 way company for protection of the pub- 
 lic as evidence of negligence towards a 
 member of the public. 8 L.R.A. (N.S.) 
 1063. 
 
 Rule or custom of clearing-house relating to 
 time for presentation of checks as af- 
 fecting liability of collecting bank. 50 
 L.R.A. (N.S.) 542. 
 
 Reasonableness of rule of telephone com- 
 pany requiring subscriber to pay for 
 all long distance messages originating 
 from his telephone. . L.R.A.1915E, 323. 
 
 Right of labor union to enforce rules as to 
 the minimum number of employees. 
 L.R.A.1918C, 817. 
 
 Violation of rule by servant as serious and 
 wilful misconduct within meaning of 
 Workmen's Compensation Act. L.R.A. 
 1917D, 133. 
 
 RULES OF APPORTIONMENT. 
 
 For improvement assessment, see PUBLIC 
 IMPROVEMENTS, 24-26. 
 
 RUM. 
 
 As intoxicating liquor. 20 L.R.A. 649. 
 Judicial notice of intoxicating character 
 of. 48 L.R.A. (N.S.) 305. 
 
 RUMOR. 
 
 As evidence before grand jury. 28 L.R.A. 
 323. 
 
 RUNAWAY. 
 
 See HORSES, 7-14. 
 
 RUNNING BOARD. 
 
 Duty of street car company to passenger on r 
 
 see CARRIERS, 60. 
 Contributory negligence in riding on, see 
 
 CARRIERS, 80. 
 
 RUNNING EXPENSES. 
 
 Priority of claims for, against property in 
 hands of receiver over recorded liens. 
 41 L.R.A. (N.S.) 710. 
 
 RUNNING WITH THE LAND. 
 
 Covenants which run with the land, see 
 COVENANTS, 14, 15. 
 
 Right of action for damages to real prop- 
 erty as. 2 L.R.A. (N.S.) 819. 
 
 RUPTURE. 
 
 Rupture of blood vessel as accident within 
 accident insurance policy. 19 L.R.A. 
 (N.S.) 1206. 
 
 Hernia as breach of condition or warranty 
 in insurance contract as to health or 
 bodily condition. L.R.A.1917B, 747. 
 
 *-- 
 
 Begin with this book on every law question. 
 
 RURAL HIGHWAYS. 
 
 Duty of municipality as to conditions of 
 rural highways within city or village 
 limits. 29 L.R.A.(N.S.) 823.
 
 INDEX TO L.R.A. MOTES. 
 
 1187 
 
 RURAL LANDS. 
 
 Municipal taxation of rural lands within 
 limits of corporation. 27 L.R.A. (N.S.) 
 695. 
 
 Cinstitutionality of frontage rule of as- 
 sessment of, for public improvements- 
 17 L.R.A. 332. 
 
 Assessment of rural lands for public im- 
 provements by front-foot rule. 28 
 L.R.A.(N.S.) 1191. 
 
 BUST. 
 
 Provision relieving carrier from liability 
 for loss caused by rust as extending to 
 loss caused by negligence. 6 B. R. C.' 
 128. 
 
 RUTS. 
 
 Municipal liability for permitting ruts to 
 remain in highway. 9 L.R.A. (N.S.) 
 1266. 
 
 SACRAMENTAL PURPOSES. 
 
 Applicability to wines intended for, of regu- 
 lations in relation to intoxicating li- 
 quors. L.R.A.1918F, 266. 
 
 SACRAMENTS. 
 
 Liability for refusing the sacraments. 
 L.R.A.1916D, 374. 
 
 SAFE. 
 
 Iron safe clause, see INSURANCE, 79. 
 
 Levy of attachment or execution upon safe 
 and its contents. 41 L.R.A. (N.S.) 764. 
 
 Exemption of, from execution. 46 L.R.A. 
 (N.S.) 287. 
 
 SAFE DEPOSIT BOX. 
 
 Garnishment of contents of. 41 L.R.A. 
 
 (N.S.) 764. 
 What passes under bequest of contents of. 
 
 L.R.A.1915C, 654. 
 
 SAFETY. 
 
 Effect of assurance of, by master or coserv- 
 
 ant on assumption of risk, see MASTER 
 
 AND SERVANT, 118. 
 Effect of master's assurance of, on servant's 
 
 contributory negligence, see MASTER 
 
 AND SERVANT, 129. 
 Municipal control over nuisance affecting, 
 
 see MUNICIPAL CORPORATIONS, 41. 
 
 Municipal power over nuisances affecting. 
 38 L.R.A. 305. 
 
 Injunctions by municipality against nui- 
 sance affecting. 41 L.R.A. 322. 
 
 SAFETY APPLIANCE ACT. 
 
 See MASTER AND SERVANT, 96. 
 Consult also L.R.A, Digests of Cases. 
 
 SAFETY CLAUSE. 
 
 Effect of, in chattel mortgage, see CHATTEL 
 MORTGAGE, 26. 
 
 SAFETY GATES. 
 
 At railroad crossing, see RAILROADS, 33, 
 70. 
 
 SAGGING WIRES. 
 
 See ELECTRICITY, III. 
 
 SAILORS. 
 
 See SEAMEN. 
 
 SALARY. 
 
 Assignment of, see ASSIGNMENT, 6. 
 Exemption of, see EXEMPTION, 5. 
 Garnishment of, see GARNISHMENT, lOa. 
 Of employee, see MASTER AND SERVANT/ 
 
 24-31. 
 
 Of officer, see OFFICERS, 31-37, 44. 
 Of minister, liability for, see RELIGIOUS 
 
 SOCIETIES, 7. 
 Of school teacher, see SCHOOLS, 17, 18. 
 
 Treatment of salaries paid officers in esti- 
 mating the return of a public service 
 corporation for rate-making purposes. 
 52 L.R.A.(N.S.) 53, 69. 
 
 Claim against state for. 42 L.R.A. 53. 
 
 Preference of, in distribution of assets of 
 insolvent insurance company. 3S 
 L.R.A. 107. 
 
 Oral promise to see salary paid. 15 L.R.A. 
 (N.S.) 217.
 
 1188 
 
 INDEX TO L.R.A. NOTES. 
 
 SALE. 
 
 I. In general, 1. 
 II. When sale complete; termination 
 
 of contract of, 2, 3. 
 III. What constitutes, 4. 
 IV. Validity, 5, 6. 
 
 V. Effect, 7,8. 
 VI. Passing of title, 9-13. 
 VII. Delivery; tender, 14. 
 VIII. Conditional sale, 15-20. 
 IX. Acceptance; retention, 21-25. 
 X. Warranty, 26-38. 
 
 a. In general, 26-29. 
 T>. On sale by manufacturer, 
 30. 
 
 c. Of fitness, 31, 32. 
 
 d. Of quality or Tcind, 33- 
 
 36. 
 
 e. On sale of goods by sample, 
 
 37. 
 
 f. Effect of test or inspection or 
 
 opportunity to inspect, 
 38. 
 
 XI. Duties, rights, and remedies of 
 parties, 39-72. 
 
 a. In general, 39-47. 
 
 b. Condition at sale, 48-52. 
 
 c. On breach of warranty, 
 
 53-59. 
 
 d. Lien for price; stoppage in 
 
 transitu, 6O, 61. 
 
 e. Rescission, 62-7O. 
 
 1. In general, 62-64. 
 
 2. Grounds, 65-68. 
 
 3. Waiver of right, 69, 
 
 70. 
 
 f. Rights of bona fide purcJias- 
 ers, 71, 72. 
 
 I. In general. 
 
 1. Generally. 
 
 Of animals, see ANIMALS, 5. 
 
 At auction, see AUCTION. 
 
 Of commercial paper, see BILLS AND NOTES, 
 26-42. 
 
 Of bill of lading with draft attached, see 
 BILLS OF LADING, 2. 
 
 Of mortgaged chattels, see CHATTEL MORT- 
 GAGE. 28. 
 
 Of copyright, see COPYRIGHT, 6. 
 
 Of corporate stock, see CORPORATIONS, 82- 
 95. 
 
 Of cotenants interest, see COTENANCY, 11, 
 32. 
 
 Of future crop, see CROPS, 5. 
 
 Of property in custody of law, see CUSTODY 
 OF LAW, 2, 3. 
 
 Of game, see GAME LAWS. 
 
 Of ice, see ICE, 3. 
 
 Of intoxicating liquors, see INTOXICATING 
 LIQUORS. 19-37. 
 
 Judicial sale, see JUDICIAL SALE. 
 
 On foreclosure, see MORTGAGE, 75-84. 
 
 Of physician's practice, see PHYSICIANS 
 AND SURGEONS, 4. 
 
 Of pledged property, see PLEDGE AND COL- 
 LATERAL SECURITY, 11-14. 
 
 Of poison, see POISON, 2. 
 
 Of public land, see PUBLIC LANDS, 11-13. 
 
 Of railroad property, see RAILROADS. 14. 
 
 SALE, I. cont'd 
 
 Of real property generally, see REAL PROP- 
 ERTY. 4 ; VENDOR AND PURCHASER. 
 
 Of timber, see TIMBER, 2-5. 
 
 Of trademark, see TRADEMARK, 4, 5. 
 
 For taxes, see TAXES, 71, 72-81a. 
 
 By executor or administrator, see EXECU- 
 TORS AND ADMINISTRATORS, 17, 59. 
 
 By guardian of ward's land, see GUARDIAN 
 AND WARD, 14. 
 
 By incompetent person, see INCOMPETENT 
 PERSONS, 16. 
 
 By inventor, see PATENTS. III. 
 
 By receiver, see RECEIVERS, 28. 
 
 Assignment, see ASSIGNMENT. 
 
 Matters as to 
 COMMERCE, 
 
 interstate 
 14-18. 
 
 commerce, see 
 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 30, 31. 
 Offers, see CONTRACTS, 22, 23. 
 Construction of contract of, see CONTRACTS, 
 
 66. 
 
 Damages in case of, see DAMAGES, 35-37. 
 Parol' evidence as to written contract of 
 
 sale, see EVIDENCE, VII. 
 Power of personal representative to sell 
 
 property of estate, see EXECUTORS AXD 
 
 ADMINISTRATORS, 17. 
 Exemption of proceeds of exempt property 
 
 sold, see EXEMPTIONS, 8. 
 As to matters in relation to food, see FOOD. 
 Guaranty of payment, see GUARANTY. 
 Injunction against, see INJUNCTION, 15. 
 Seller's intent, see INTENT, 6. 
 Covenant in lease against, see LANDLORD 
 
 AND TENANT, 19. 
 Market regulations restricting sales, see 
 
 MARKETS, 2. 
 As to personal injuries from defects in 
 
 articles sold, see NEGLIGENCE, 15. 
 Medium of payment for, see PAYMENT, 6- 
 
 11. 
 
 Authority of agent for sale of personal 
 property to contract for services of 
 other persons. L.R.A.1918F, 14. 
 
 Effect of war on c. i. f. contract. 7 B. R. C. 
 956. 
 
 Income tax on sales of propertv. L.R.A. 
 1917E, 566. 
 
 Applicability of Sunday laws to sale of 
 food and refreshments. 18 L.R.A. (N.S.) 
 617; L.R.A.1917C, 381. 
 
 False pretenses in misrepresenting the qual- 
 ity, condition or status of the subject 
 of a sale. 40 L.R.A. (N.S.) 574. 
 
 Right of railroad company to sell material 
 or mineral taken from right of way. 
 45 L.R.A.(N.S.) 796. 
 
 Bicycles as subjects of. 47 L.R.A. 305. 
 
 Use of negatives or engraved plates without 
 the consent of the party who has paid 
 for the same. 50 L.R.A! 397. 
 
 Necessity of franchise for taking of tolls on. 
 37 L.R.A. 718. 
 
 Bailee's right to assert against bailor hos- 
 tile, adverse, paramount title of pur- 
 chaser of bailed property from bailor. 
 33 L.R.A. (N.S.) 694. 
 
 Presumption as to time of alteration in bill 
 
 of sale. C9 L.R.A. (N.S.) 115. 
 
 Begin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1189 
 
 SALE, I. cont'd 
 
 Will action in rem lie against proceeds of 
 private sale of property against which 
 such an action would lie. 2 B. R. C. 
 68. 
 
 Of letters, injunction against. 37 L.R.A. 
 (X.S.) 944. 
 
 Right to require that articles offered for 
 sale shall answer a designated standard 
 of purity. 41 L.R.A. (X.S.) 149. 
 
 Denials upon information and belief as to. 
 30 L.R.A. (X.S.) 775. 
 
 Sale of another's property as larceny. 10 
 
 L.R.A. (X.S.) 816. 
 
 ~r Retaking property upon failure to carry out 
 contract as larceny. 41 L.R.A. (X.S. ) 
 5.53. 
 
 Increasing price upon sale on credit as us- 
 ury. 28 L.R.A. (X.S.) 102. 
 
 Oral promise to be responsible for price of 
 goods sold. 15 L.R.A. (X.S.) 221. 
 
 Power of state to restrict or regulate sale of 
 patent right. 29 L.R.A. 786. 
 
 Libel in charging one with excessive com- 
 pensation for goods sold. 40 L.R.A. 
 (X.S.) 79. 
 
 77. When sale complete; termination of 
 contract of. 
 
 2. When sale complete. 
 
 Offers generally, see CONTRACTS, 22, 23. 
 
 Right to withdraw order given agent before 
 acceptance by principal. 10 L.R.A. 
 (X.S.) 1138. 
 
 Communication naming price as a quotation, 
 or an offer to sell. 3 B. R. C. 229. 
 
 Parol evidence that written instrument 
 which on its face imports a complete 
 transfer was intended to operate as a 
 mortgage or pledge. L.R.A. 1916B, 18. 
 
 3. Termination of contract of. 
 
 Effect of death of party on c'ontract of sale. 
 23 L.R.A. 708; 45 L.R.A. (X.S.) 349. 
 
 777. What constitutes. 
 
 4. Generally. 
 
 What is a conditional sale, see infra. 16. 
 In case of intoxicating liquors, see INTOXI- 
 CATING LIQUORS, 20, 21. 
 
 Question whether automobile distribution 
 contract is one of agency or sale. 
 L.R.A.1915B, 110. 
 
 Construction of contract having some provi- 
 sions peculiar to consignment and 
 agency contracts, and others to sale con- 
 tracts. L.R.A.1917B, 626. 
 
 Transaction as a sale or assignment of ac- 
 counts or a loan with a pledge of the ac- 
 counts as security within usury law. 
 L.R.A.1917E, 1121. 
 
 Distinguished from contracts to manufac- 
 ture, within the meaning of the statute 
 of frauds. 14 L.R.A. 230. 
 
 Distinction between sales of personalty and 
 agreements for work and labor as af- 
 fecting statute of frauds. 30 L.R.A. 
 (X.S.) 319; 43 L.R.A. (X.S.) 97. 
 
 Consult also L.R.A. Digestif of Cases. 
 
 I SALE, III. cont'd 
 
 ! What amounts to a violation of covenant 
 in lease against sale. 14 L.R.A. (X.S.) 
 1200. 
 
 Loss of, or injury to, goods during ship- 
 ment as affecting fulfilment of com- 
 mission to purchase goods. 19 L.R.A. 
 (X.S.) 261. 
 
 Serving game or fish with meal as a sale 
 within meaning of game law. L.R.A. 
 1917F, 769. 
 
 IV. Validity. 
 
 5. Generally. 
 
 Of conditional sale, see infra, 18. 
 
 Right to recover purchase price, see infra, 
 45. 
 
 Effect of provision empowering mortgagor 
 to sell chattels, see CHATTEL MORTGAGE, 
 14a. 
 
 As to contract within statute of frauds, 
 see CONTRACTS, 35, 36, 56, 57. 
 
 Of sale of expectancy, see EXPECTANCY, 3. 
 
 Fraud in obtaining credit, see FRAUD AND 
 DECEIT, 11. 
 
 Validity of, as against creditor, see FRAUDU- 
 LENT CONVEYANCES. 
 
 Sale as an unlawful preference, see INSOL- 
 VENCY, 3. 
 
 Of intoxicating liquor, see INTOXICATING 
 LIQUORS, 21a-31. 
 
 Validity of sales made on Sunday, see SUN- 
 DAY, 4. 
 
 Conducting business in violation of law as 
 affecting contract for its sale. 45 
 L.R.A. (X.S.) 810. 
 
 What misrepresentations as to the contents 
 of an instrument will render it void in 
 law. 4 B. R. C. 6(i3. 
 
 Mutuality of accepted proposition to furnish 
 such material as one needs in his busi- 
 ness. 43 L.R.A.(X.S.) 730. 
 
 Validity of contract for purchase of indefi- 
 nite quantity. 15 L.R.A. 218. 
 
 Validity of agreement to sell entire output. 
 7 B. R. C. 551. 
 
 Validity of sales in violation of law. 12 
 L.R.A.(X.S.) 595. 
 
 Validity of transfer of property in -viola- 
 tion of restraining order. 50 
 L.R.A.(X.S.) 871. 
 
 Validity of sale of future or growing crops. 
 23 L.R.A. 449; L.R.A.1917C, 8. 
 
 Power of state to make invalid a provision 
 in a sale of goods for resale, forbidding 
 purchaser to handle goods of other deal- 
 ers. 11 L.R.A. (X.S.) 968. 
 
 Right to sell property while in custody of 
 law. 1 L.R.A. (N".S.) 1055. 
 
 Validity of sale of, or agreement to sell, 
 commercial paper to one primarily lia- 
 ble thereon. 35 L.R.A. (X.S.) 820. 
 
 Sufficiency of identification for purposes of 
 executory contract, where goods are 
 ordered by reference to a catalogue or 
 price list. 31 L.R.A. (X.S.) 927. 
 
 Mutuality of accepted proposition to furnish 
 such materials as one needs in his busi- 
 ness. 11 L.R.A.(X.S.) 713; L.R.A. 
 1918E, 296.
 
 1190 
 
 INDEX TO L.R.A. NOTES. 
 
 SALE, IV. cont'd 
 
 Collateral to contracts forming illegal com- 
 bination. 30 L.R.A. (N.S.) 680. 
 
 Validity of agreement by which compensa- 
 tion for making, is dependent upon suc- 
 cess in procuring contract with public 
 officer or board. 39 L.R.A.(N.S.) 747; 
 L.R.A.1915C, 823. 
 
 Admissibility of declarations by seller made 
 out of court as to his purpose in mak- 
 ing transfer attacked as fraudulent 
 against creditors. 41 L.R.A. (N.S.) 1. 
 
 6. Sale in bulk. 
 
 See FRAUDULENT CONVEYANCES, la. 
 
 V. Effect. 
 
 7. Generally. 
 
 Of conditional sale, see infra, 20. 
 
 Effect of sale of good will, see GOOD WILL, 
 
 1 2. ,. 
 
 Effect of sale of, or agreement to sell, com- 
 mercial paper to one primarily liable 
 thereon. 35 L.R.A. (N.S.) 820. 
 
 8. What passes as appurtenant. 
 
 What articles will pass as appurtenances 
 upon sale of chattels. 8 L.R.A. 
 (N.S.) 793. 
 
 VI. Passing of title. 
 
 9. Generally. 
 
 On sale of goods with privilege of return. 
 L.R.A.1916E, 1209. 
 
 Effect of acceptance of order for goods. 17 
 L.R.A. 178. 
 
 Necessity of meeting of minds as to price. 
 32 L.R.A. (N.S.) 429. 
 
 Seller's mistake as to identity of vendee, as 
 affecting the passing of title to the 
 goods sold. 13 L.R.A. (N.S.) 413; L.R.A. 
 1918B, 975. 
 
 Effect of attaching draft to bill of lading 
 to prevent title passing upon delivery 
 of goods to carrier. 2 L.R.A. (N.S.) 
 1078. 
 
 When title passes under consignment of 
 goods for sale with provision in 
 effect that consignee purchase 
 balance of consignment. 39 L.R.A. 
 (N.S.) 620. 
 
 Effect of indorsing and mailing to pur- 
 chaser a bill of lading, naming seller 
 as consignee, to pass title to purchaser. 
 34 L.R.A.(N.S.) 293. 
 
 When title passes where vendor consigns 
 goods to himself and vendee is to be 
 notified of their arrival and to receive 
 them upon payment of draft. 39 
 L.R.A.(N.S.) 309. 
 
 Provision for payment of instalments of 
 price of article during construction as 
 indicating intention to pass title. 2 
 B. R. C. 640. 
 
 Agreement as to risk as a test to determine 
 when title passes under a contract of 
 sale. L.R.A.1918B, 822. 
 
 Must seller or buyer bear loss from failure 
 to contract with carrier for full liabil- 
 ity. L.R.A.1917F, 561. 
 
 Begin with this 1>ooK on every law question. 
 
 SALE, VI. cont'd 
 
 9a. Under contract for sale of goods 
 to be produced or manufactured. 
 
 Intention of the parties as the test. 50 
 
 L.R.A.(N.S.) 113. 
 When intention is a question of law, and 
 
 when of fact. 50 L.R.A. (X.S.) 113. 
 Whether title passes upon the execution of 
 
 the contract. 50 L.R.A. (N.S.) 114. 
 Whether title passes prior to completion or 
 production of article. 50 L.R.A. 
 (N.S.) 115. 
 Whether title passes upon completion or 
 
 production of article. 50 L.R.A. (N.S.) 
 
 122. 
 Necessity of some act of appropriation. 50 
 
 L.R.A. (N.S.) 123. 
 What constitutes an appropriation. 50 
 
 L.R.A. (N.S.) 127. 
 Effect of payment of purchase price. 50 
 
 L.R.A.(N.S.) 139. 
 Effect of insurance of propertv or provisions 
 
 relative thereto. 50 L.R*.A.(N.S.) 140. 
 Provisions as to title. 50 L.R.A. (N.S.) 140. 
 Miscellaneous provisions. 50 L.R.A. (N.S.) 
 
 141. 
 
 10. By delivery. 
 
 Necessity of delivery. 17 L.R.A. 177. 
 
 Necessity and sufficiency of delivery to pass 
 title under contract for sale of goods 
 to be produced or manufactured. 5lt 
 L.R.A. (N.S.) 127. 
 
 Right of purchasers of, or creditors levying 
 on. goods sold for cash, but delivered 
 without payment. 13 L.R.A. (N.S.) 
 697; 29 L.R.A. (N.S.) 709; 47 L.R.A. 
 (N.S.) 173. 
 
 Effect of premature delivery to pass title 
 to purchaser. 31 L.R.A.'(N.S.) 94?. 
 
 Symbolic delivery by sample to satisfy stat- 
 ute of frauds. 70 L.R.A. 321. 
 
 Passing of title by delivery f. 6. b. 02 
 L.R.A. 802; 33 L.R.A.(N.S.) 54. 
 
 11. to carrier. 
 
 Question of law or fact. 22 L.R.A. 415. 
 
 Between buyer and seller. 22 L.R.A. 415. 
 
 Between consignor and consignee. 22 
 L.R.A. (N.S.) 418. 
 
 Conduct indicating an intention to retain 
 title. 22 L.R.A. 420. 
 
 Sufficiency of change of possession as re- 
 gards creditors. 22 L.R.A. 425. 
 
 Place where sale is consummated. 22 
 L.R.A. 425; 44 L.R.A. (N.S.) 450. 
 
 Effect of receipt by carrier to satisfy stat- 
 ute of frauds. 22 L.R.A. 426. 
 
 Right to maintain action. 22 L.R.A. 427. 
 
 Delivery to carrier as satisfying statute of 
 fraud. 35 L.R.A. (N.S.)* 1038. 
 
 Where title passes upon shipment of intox- 
 icating liquor C. O. D. 2 L.R.A. (N.S.) 
 383; 24 L.R.A. (N.S.) 143. 
 
 Passing of title to consignee on delivery to 
 carrier as affected by provisions of bill 
 of lading and attachment of draft there- 
 to. 2 L.R.A.(N.S.) 79. 
 
 Effect of delivery to carrier on buyer's right 
 to reject for lack of qualitv. 8 L.R.A. 
 (N.S'.) 1167.
 
 INDEX TO L.R.A. NOTES. 
 
 1191 
 
 SALE, VI. cont'd 
 
 Circumstances indicating acceptance by de- 
 livery to carrier. 35 L.R.A.(N.S.) 
 1043. 
 
 12. of goods sold out of larger lot. 
 
 Necessity of delivery of goods sold out of 
 
 a laVger lot. 26 L.R.A.(N.S.) 21. 
 Effect of actual delivery of goods sold out of 
 
 a larger lot. *26 L.R.A. (N.S.) 22. 
 What constitutes a sufficient delivery to 
 
 transfer title to property sold. 26 
 
 L.R.A.(N.S.) 27. 
 
 12a. Effect of destruction before de- 
 livery. 
 
 Effect on sale, of destruction of property 
 after actual or constructive delivery, 
 preventing the ascertainment of the 
 price according to the terms of the con- 
 tract. 19 L.R.A.(N.S.) 197. 
 
 13. Sufficiency of selection or desig- 
 nation of goods sold out of larger 
 lot. 
 
 The definition and elements of a sale. 26 
 
 L.R.A.(N.S.) 5. 
 Distinction between executory and executed 
 
 sales. 26 L.R.A. (N.S.) 6. 
 The influence of the intention of the parties. 
 
 26 L.R.A.(N.S.) 7. 
 Risk of loss an accompaniment of title. 
 
 26 L.R.A. (N.S.) 10. 
 The completion of a sale. 26 L.R.A.(N.S.) 
 
 10. 
 The necessity of agreeing upon the price. 
 
 26 L.R.A.(N.S.) 12. 
 The necessity of the buyer's acceptance. 
 
 26 L.R.A.(N.S.) 13. 
 
 The need to put property sold in a de- 
 liverable state. 26 L.R.A.(N.S.) 14. 
 The necessity of identifying the subject of 
 
 a sale. 26 L.R.A.(N.S-) 15. 
 Identification by marks. 26 L.R.A.(N.S.) 
 
 16. 
 The necessity of counting, weighing, or 
 
 measuring the subject of a sale. 26 
 
 L.R.A.(N.S.) 17. 
 Property in the keeping of third persons. 
 
 26 L.R.A. (N.S.) 47. 
 
 Community of ownership in masses of per- 
 sonal property. 26 L.R.A.(N.S.) 52. 
 The necessity of dividing bulk on sales of 
 part of a mass. 26 L.R.A.(N.S.) 
 54. 
 
 VII. Delivery; tender. 
 
 > 
 
 14. Generally. 
 
 Delivery passing title, see supra, 10-12. 
 
 Necessity and sufficiency of change of pos- 
 session to protect purchaser against the 
 creditors of seller, see FRAUDULENT 
 CONVEYANCES, 19, 20. 
 
 Law governing validity of sale as depend- 
 ing on transfer of possession. 64 
 L.R.A. 829. 
 
 Duty of parties with respect to delivery and 
 receipt of articles sold with particular j 
 description of kind or quality. 35 . 
 L.R.A. (N.S.) 287. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SALE, VII. cont'd 
 
 Tender of property to buyer who is in de- 
 fault in fixing date for delivery and is 
 not present at the agreed place. 2 
 L.R.A. (N.S.) 529. 
 
 Failure of seller to deliver goods on agreed 
 date a% ground for rescission by pur- 
 chaser. L.R.A.1916E, 940. 
 
 Retaining control of bill of lading to in- 
 sure payment as affecting sufficiency 
 of delivery to carrier as compliance 
 with provision requiring delivery at 
 place of shipment. L.R.A. 1915B, 537. 
 
 Must seller or buyer lear loss from failure 
 to contract with carrier for full lia- 
 bility. L.R.A.1917F, 561. 
 
 Duty of vendor of trees, shrubs, plants. 
 or vines, as to delivery and notice there- 
 of. 49 L.R.A. (N.S.) 1155. 
 
 Rights of purchasers from, or creditors of, 
 buyer to whom goods are delivered be- 
 fore perfecting reservation of title or 
 lien to secure purchase price according 
 to contract. 47 L.R.A. (N.S.) 561. 
 
 Time for delivery of goods sold to be de- 
 livered in reasonable instalments, or in 
 instalments as required by the buyer. 
 L.R.A.1918A, 609. 
 
 Construction and effect of "strike" clause 
 in contract of sale and delivery. 9 
 L.R.A.(N.S.) 1187. 
 
 Delivery on week day pursuant to contract 
 made on Sunday. 20 L.R.A. (N.S.) 86. 
 
 Delay in attempting to regain property ob- 
 tained under agreement to pay therefor 
 on delivery, as waiver of that condi- 
 tion. 11 L.R.A. (N.S.) 948; 23 L.R.A. 
 (N.S.) 824; L.R.A.1915D, 355. 
 
 Effect of acceptance of goods as a waiver of 
 damages for delay in delivery. 54 
 L.R.A. 718; 7 L.R.A.(N.S.) 1114. 
 
 Admissibility of extrinsic evidence as to 
 time for delivery of goods where none is 
 specified in written contract. 31 L.R.A. 
 (N.S.) 619; L.R.A.1916B, 1039. 
 
 Admissibility of books of account to prove 
 delivery of goods sold. 52 L.R.A. 690. 
 
 VIII. Conditional sale. 
 
 15. Generally. 
 
 Rights of parties, see infra, 48-52. 
 
 Law governing. 64 L.R.A. 833. 
 
 Reservation of title to property as affecting 
 negotiability of note for purchase 
 price. 43 L.R.A. 277; 43 L.R.A. (N.S.) 
 945. 
 
 Effect of taking collateral security upon con- 
 ditional sale. 33 L.R.A. (N.S.) 491. 
 
 Transfer of purchase-money obligation as 
 affecting reservation of title. 37 L.R.A. 
 (N.S.) 71. 
 
 Destruction of property sold conditionally 
 while in seller's possession. 36 L.R.A. 
 (N.S.) 595. 
 
 Parol evidence to vary written contract of 
 conditional sale in favor of or against 
 a stranger to the contract. L.R.A. 
 1916A, 599, 610.
 
 1192 
 
 INDEX TO L.E.A. NOTES. 
 
 SALE, VIII. cont'd 
 
 Rights of purchaser from, or creditors of, 
 buyer to whom goods are delivered 
 before perfecting reservation of title or 
 lien to secure purchase price accord- 
 ing to contract. 47 L.R.A.(N.S.) 5(51. 
 
 
 16. What is. 
 
 Construction of contract having some pro- 
 visions peculiar to consignment and 
 agency contracts and others to sale con- 
 tracts". L.R.A.1917B, 626. 
 
 17. What constitutes payment of 
 purchase price. 
 
 Rights of parties on default of payment, see 
 infra, 49. 
 
 Acceptance of commercial paper as payment 
 of purchase price upon conditional sale. 
 35 L.R.A.(N.S.) 90. 
 
 Notes given for purchase money on condi- 
 tional sale as payment of debt. 35 
 L.R.A.(X.S,) 90. 
 
 18. Validity. 
 
 As against creditors of, and purchasers 
 from, buyer. 12 L.R.A. 703. 
 
 As affected by express or implied permission 
 to purchaser to sell in the ordinary 
 course of business. L.R.A. 1917B, 658. 
 
 Reservations of title in bailments for sale, 
 as against creditors of bailor and bailee. 
 22 L.R.A. 850. 
 
 Conditional sale contract executed prior to, 
 but filed within four months of bank- 
 ruptcy, as a voidable preference. 47 
 L.R.A. (N.S.) 1223. 
 
 19. Recording of. 
 
 Necessity of recording of conditional sale 
 in state to which property is subse- 
 quently removed. 35 L.R.A. (N.S.) 387; 
 L.R.A/1917D, 042. 
 
 Recordation of lien on fixtures as personalty 
 as notice to mortgagee of realty. 1 
 B. R. C. 691. 
 
 Right of assignee or receiver, in behalf of 
 general creditors, to complain of fail- 
 ure to record contract of conditional 
 sale. L.R.A.1917C, 442. 
 
 20. Effect of. 
 
 Federal courts following state decisions as 
 to construction and effect of conditional 
 sales. 40 L.R.A. (N.S.) 416. 
 
 Assignment or transfer of purchaser's in- 
 terest under a conditional sale. 40 
 L.R.A. (N.S.) 873. 
 
 Effect of retention of title to personal prop- 
 erty until payment of purchase price, to 
 characterize sale as executory. 5 
 L.R.A.(N.S.) 475. 
 
 IX. Acceptance; retention. 
 
 21. Generally. 
 
 Remedy of conditional vendor for refusal to 
 
 accept. 68 L.R.A. 100. 
 Effect of delivery to carrier upon buyer's 
 
 rij;ht to reject goods for lack of qual- I 
 ity. 8 L.R.A. (N.S.) 1167. 
 Begin with this booh on every law question. 
 
 SALE, IX. cont'd 
 
 Selling or mortgaging chattel as waiver 
 of purchaser's right to return. 38 
 L.R.A. (N.S.) 1035. 
 
 Necessity of buyer's acceptance of goods 
 sold out of a larger lot. 26 L.R.A. 
 (N.S.) ]3. 
 
 Necessity of acceptance to pass title under 
 contract for sale of goods to be pro- 
 duced or manufactured. 50 L.R.A. 
 (N.S.) 133. 
 
 Remedies of parties under a contract for 
 the sale of an article on approval. 
 50 L.R.A.(N.S.) 808; L.R.A.1918B, 
 873. 
 
 Repudiation of contract of sale of personal 
 property on one ground as waiver of 
 other objections. 3 B. R. C. 591. 
 
 22. What constitutes an acceptance. 
 
 Particular circumstance indicating accept- 
 ance by delivery to carrier. 35 L.R.A. 
 (N.S.)' 1043. 
 
 Acknowledgment by seller of receipt of 
 order for goods as an acceptance. 
 38 L.R.A.(N.S.) 903. 
 
 Offer by purchaser to sell property to a 
 third person as acceptance which will 
 satisfy statute of frauds. 36 L.R.A. 
 (N.S.) 76. 
 
 What constitutes acceptance which will pass 
 title under contract for sale of goods 
 to be produced or manufactured. 50 
 L.R.A. (N.S.) 138. 
 
 Under contract for sale of article on ap- 
 proval. 50 L.K.A.(N.S.) 808; L.R.A. 
 1918B, 873. 
 
 23. retention of possession as. 
 
 Retaining possession of article sold on ap- 
 proval. 50 L.E.A.(N.S.)812; L.R.A. 
 1918B, 873. 
 
 Effect of retention of goods after notice of 
 mistake in quoted price. 15 L.R.A. 
 (N.S.) '368. 
 
 Effect of use of property purchased on ap- 
 proval after expression of dissatisfac- 
 tion. 14 L.R.A. (N.S.) 1107. 
 
 Right of buyer to retain goods ana defeat 
 action for price on discovering that 
 goods do not comply with requirements 
 of -contract. 4 L.R.A. (N.S.) 1167. 
 
 24. Effect of acceptance. 
 
 Waiver of known breach of warranty by, 
 
 see infra, 59. 
 Acceptance as satisfying statute of frauds, 
 
 see CONTRACTS, 56a. 
 
 Effect of acceptance of goods deliverable in 
 instalments on right to rescind con- 
 tract or refuse further deliveries for 
 breach as to quality. 38 L.R.A. (N.S.) 
 542. 
 
 Acceptance of chattel before agreement as 
 to purchase price, as assent to seller's 
 price. 11 L.R.A. (N.S.) 254. 
 
 Effect of acceptance of trees, shrubs, plants, 
 or vines on liability of vendor. 4!> 
 L.R.A. (N.S.) 11.34. 
 
 Effect of acceptance by purchaser on sale 
 
 with particular description of kind 
 or quality. 35 L.R.A. (N.S.) 279.
 
 INDEX TO L.R.A. NOTES. 
 
 1193 
 
 SALE, IX. cont'd 
 
 Effect of acceptance of goods as a waiver of 
 
 damages for delay in delivery. 54 
 
 L.R.A. 718; 7 L.R.A. (N.S.) 1114'. 
 Acceptance with knowledge of breach of 
 
 warranty as waiver of breach. 35 
 
 L.R.A. (N.S.) 501. 
 
 25. as passing title. 
 
 Effect of acceptance of order for goods to 
 pass title. 17 L.R.A. 178. 
 
 A'. Warranty, 
 a. In general. 
 
 % 26. Generally. 
 
 Rights and duty on breach of, see infra, 
 53-59, 68. 
 
 Implied warranty of genuineness on trans- 
 fer o commercial paper, see BILLS AND 
 NOTES, 32. 
 
 Parol evidence as to, see EVIDENCE, 163. 
 
 Of stallion, see STALLIONS, 3. 
 
 Law governing. 64 L.R.A. 825. 
 
 Does warranty extend to obvious defects in 
 animal or slave. 12 L.R.A. (N.S.) 82. 
 
 Effect of stipulation that goods shall be 
 "satisfactory." 17 L.R.A. 208. 
 
 Construction of guaranty of efficiency as 
 affected by specifications. L.R.A.1918F, 
 388. 
 
 Statement as to the economy of operation as 
 a warranty. L.R.A.1917C, 1078. 
 
 Implied warranty on sale of stock. 53 
 L.R.A. 353. 
 
 Effect of, on sale of exemptancy by pro- 
 spective heir. 33 L.R.A. 274* 
 
 Implied or ostensible authority of an agent 
 for the sale of personal property to 
 warrant the same. L.R.A.1916C, 412. 
 
 Extent of commercial traveler's implied or 
 ostensible authority to warrant goods. 
 39 L.R.A. (N.S.) 1151. 
 
 Right of one liable for damages from de- 
 fective article to recover over against 
 vendor or manufacturer. L.R.A. 1915C, 
 336. 
 
 Evidence as to results of use of substance 
 upon issue as to breach of warranty as 
 to ingredients. L.R.A.1915D, 875. 
 
 Breach of warranty as affecting purchaser 
 of purchase money note with knowledge 
 of the character of the consideration. 
 46 L.R.A.(N.S.) 868. 
 
 27. Parol warranty. 
 
 Rights on breach of, see infra, 55. 
 
 Right to show parol warranty in connec- 
 tion with contract for sale of per- 
 sonalty. 19 L.R.A. ( N.S. ) 1183. 
 
 28. Of title. 
 
 Does implied covenant of title on sale of 
 chattels protect against outstanding 
 liens or encumbrances. 16 L.R.A. 
 (X.S.) 410. 
 
 Implied warranty of, by one transferring 
 without indorsement check or note of 
 third person. 10 L.R.A. (N.S.) 542. 
 
 When does statute of limitations begin to i 
 run against action for breach of war- | 
 ranty. L.R.A. 1916F, 818. 
 
 Begin irith this book on every law question. 
 
 SALE, X. a cont'd 
 
 g 28a. On sale of secondhand arti- 
 cle. 
 
 Implied warranty. L.R.A.1915B, 478. 
 Express warranty. L.R.A. 1915B, 479. 
 Construction of warranty. L.R.A. 191513, 
 
 479. 
 
 Extent of warranty. L.R.A. 1915B, 480. 
 Existence of warranty whether question 
 
 for the jury. L.R.A.1915B, 480. 
 
 29. On transfer of third person's 
 note without indorsement. 
 
 Implied warranties by one transferring with- 
 out indorsement check or note of 
 third person. 10 L.R.A. (N.S.) 542. 
 
 ft. On sale by manufacturer. 
 
 30. Generally. 
 
 Implied warranty of fitness of particular ar- 
 ticle purchased from manufacturer for 
 particular use. 22 L.R.A. 189; 15 
 L.R.A. (N.S.) 855. 
 
 Warranty on sale by manufacturer of goods 
 by sample. 70 L.R.A. 665. 
 
 Express warranty as to quality oi article 
 to be manufactured as excluding im- 
 plied warranty. 33 L.R.A.(N.S.) 508. 
 
 Sale of manufactures by sample as exclud- 
 ing implied warranty other than that 
 goods shall conform to sample. 29 
 L.R.A.(N.S.) 139. 
 
 Implied warranty by manufacturer of ma- 
 chinery or apparatus not in itself de- 
 fective of fitness for use under existing 
 conditions. 6 L.R.A. (N.S.) ISO. 
 
 Latent defects in both sample and bulk of 
 goods sold by manufacturer. 70 L.R.A. 
 665. 
 
 Right, of purchaser to reject goods for 
 breach of warranty relating to troods to 
 be manufactured. *27 L.R.A. (N.S.) 924. 
 
 Right of one liable for damages from de- 
 fective article to recover over against 
 manufacturer. L.R.A.1915C, 336. 
 
 c. Of fitness. 
 
 31. Generally. 
 
 By manufacturer or vendor of machinery or 
 apparatus not in itself defective, of fit- 
 ness for use under existing conditions. 
 
 6 L.R.A. (N.S.) 180. 
 
 32. Implied warranty of fitness of 
 property bought for special pur- 
 pose. 
 
 In general. 22 L.R.A. 187; 15 L.R.A. (N.S.) 
 
 808; 31 L.R.A. (N.S.) 783; 34 L.R.A. 
 
 (N.S) 737. 
 Contract executed or executory. 22 L.R.A. 
 
 188. 
 
 Depreciation of article. 22 L.R.A. 193. 
 Latent defects. 22 L.R.A. 193. 
 Knowledge of purpose. 22 L.R.A. 194. 
 Effect of' inspection. 22 L.R.A. 194. 
 Articles of food. etc. 22 L.R.A. 195; 15 
 
 L.R.A. (N.S.) 884; L.R.A.1917F, 472. 
 
 Animals sold for slaughter. L.R.A. 
 1917D, 823.
 
 1194 
 
 INDEX TO L.R.A. NOTES. 
 
 SALE, X. c cont'd 
 
 Fitness of food or medicine for live stock. 
 
 L.R.A.1916B, 1109. 
 Provisions of the state Codes and statutes. 
 
 22 L.R.A. 196. 
 
 English doctrine. 22 L.R.A. 197. 
 Implied warranty of trees, shrubs, plants, 
 
 or vines. 49 L.K.A.(N.S.) 1151. 
 On sale of secondhand article. L.R.A. 
 
 1915B, 478. 
 Of fitness of a particular article purchased 
 
 from a manufacturer or producer for a 
 
 particular use. 22 L.R.A. 189; 15 
 
 L.R.A.(N.S.) 855. 
 
 d. Of quality or Kind. 
 
 33. Generally. 
 
 Rights and remedies of parties, see infra, 
 54. 
 
 Distinction between warranty of identity 
 and warranty of quality. 35 L.R.A. 
 (N.S.) 265. 
 
 Effect of representing things sold to be 
 "good." 15 L.R.A. 795. 
 
 What amounts to a breach of warranty of 
 soundness of a horse. 32 L.R.A. (N.S.) 
 182. 
 
 On sale of secondhand article. L.R.A.1915B, 
 478. 
 
 Implied warranty of quality of food or 
 medicine for live stock. L.R.A.1916B, 
 1109. 
 
 Right of purchaser of goods deliverable in 
 instalments to rescind the contract or 
 refuse further deliveries for breach as 
 to quality. 38 L.R.A.(N.S.) 539. 
 
 May words in an executory contract, from 
 which the law implies a warranty as to 
 quality, be relied on as an express war- 
 ranty. 25 L.R.A. (N.S.) 160. 
 
 Exhibition of article or sample to jury on 
 issue of quality of goods. 35 L.R.A. 
 (N.S.) 1021. 
 
 Parol evidence that parties to a written con- 
 tract which merely names a class or 
 species, contemplated a particular quali- 
 ty or hind. 9 L.R.A. (N.S.) 967. 
 
 34. Express warranty as to quality 
 excluding implied warranty as to 
 quality. 
 
 General rule. 33 L.R.A. (N.S.) 502. 
 Application of rule. 33 L.R.A.(N.S.) 503. 
 
 35. Implied warranty of quality in 
 sales by description. 
 
 Effect of sale with particular description 
 of kind or quality. 14 L.R.A. 492; 35 
 L.R.A.(N.S.) 258. 
 
 36. Of seeds sold. 
 
 General rule. 37 L.R.A.(N.S.) 79. 
 Warrant v that seed is true to name. 37 
 
 L.R.A.(N.S.) 80; L.R.A.1916C, 1012. 
 Warranty of fferminatins; power. 37 L.R.A. 
 
 (N.S.) 81; L.R.A.1916C, 1012. 
 Freedom from noxious weed seeds, etc. 37 
 
 L.R.A.(N.S.) 82: L.R.A.1916C, 1013. 
 
 Begin with this boo?,: on every law question. 
 
 SALE, X. d cont'd 
 
 Effect of nonwarrantv or disclaimer of war- 
 ranty clause. 37 L.R.A. (N.S.j 82; 
 L.R.A.1916C, 1013. 
 
 Effect of ignorance on part of seller. 37 
 L.R.\.(N.S.) 84. 
 
 Negligence of purchaser. 37 L.R.A. (N.S.) 
 84. 
 
 Remedies of purchaser. 37 L.R.A. (N.S.) 
 85; L.R.A.1916C, 1013. 
 
 Express warranty of, as excluding implied 
 warranty. 33 L.R.A. (N.S.) 803. 
 
 Effect of sale of seeds with particular de- 
 scription of kind or quality. 35 L.R.A., 
 (N.S.) 277. 
 
 36a. Of trees, shrubs, plants, or 
 vines. 
 
 Liability of vendor of trees, shrubs, plants, 
 
 or vines. 49 L.R.A. (N.S.) 1151. 
 Express warranty. 49 L.R.A. (N.S.) 1151. 
 Implied warranty. 49 L.R.A. (N.S.) 1152. 
 Where seller purchased stock. 49 L.R.A. 
 
 (N.S.) 1153. 
 Limitation of scope of warranty. 49 L.R.A. 
 
 (N.S.) 1153. 
 Right of purchaser to relv upon superior 
 
 knowledge of seller. 49 L.R.A.(N.S.) 
 
 1153. 
 
 Effect of acceptance. 49 L.R.A. (N.S.) 1154. 
 When breach occurs. 49 L.R.A. (N.S.) 1154. 
 Matters of evidence. 49 L.R.A. (N.S.) 1154. 
 Measure of damages recoverable for breach 
 
 of warranty. 49 L.R.A. (N.S.) 1155. 
 
 e. On sale of goods T>y sample. 
 
 37. Generally. 
 
 Generally. 70 L.R.A. 653. 
 
 What constitutes a sale by sample. 70 
 
 L.R.A. 654. 
 Nature and extent of warranty, generally. 
 
 70 L.R.A. 660. 
 Sale bv both sample and description. 70 
 
 L.R.A. 663. 
 Latent defect in both sample and bulk. 70 
 
 L.R.A. 665. 
 
 Does sale by sample exclude implied war- 
 ranty other than that goods shall 
 conform to sample. 29 L.R.A. 
 (N.S.) 139. 
 
 Right of purchaser to reject goods for breach 
 of warranty on sale bv sample. 27 
 L.R.A.(N.S.) 922. 
 
 /. Effect of test or inspection or oppor- 
 tunity to inspect. 
 
 38. Generally. 
 
 Implied warranty in addition to stipulated 
 test. L.R.A!l915B, 1131. 
 
 Effect of inspection on implied warranty of 
 fitness of property bought for special 
 purpose. 22 L.R.A. 194. 
 
 Opportunity to inspect as affecting ques- 
 tion whether description of kind or 
 quality in contract of sale is a war- 
 ranty or a condition precedent. 35 
 L.R.A. (N.S.) 271. 
 
 Effect of delivery of goods f. o. b. on place 
 of inspection. 62 L.R.A. 804.
 
 INDEX TO L.R.A. NOTES. 
 
 1195 
 
 SALE, X. f cont'd 
 
 Failure of vendee to inspect or test goods 
 as waiver of express warranty. 24 
 L.R.A.(N.S.) 235. 
 
 Purchaser's right to reject goods for breach 
 of warranty on inspection where no op- 
 portunity for inspection was given un- 
 til after delivery. 27 L.R.A.(N.S.) 
 915. 
 
 XI. Duties, rigJits, and remedies of 
 parties. 
 
 a. In general. 
 
 39. Generally. 
 
 On purchase of bill of lading with draft 
 attached, see BILLS AND NOTES, 7. 
 
 Measure of damages for breach of contract 
 of sale, see DAMAGES, 35-37. 
 
 Loss of profits as clement of damages for 
 breach of contract of sale, see DAM- 
 AGES, 115. 
 
 Liability for negligence in sale of drugs, see 
 DRUGS AND DRUGGISTS, 5. 
 
 Liability of seller for negligence in sale of 
 food, see FOOD, 5. 
 
 As to what constitutes fraud by seller, see 
 FRAUD AND DECEIT, II. 
 
 Liability of seller generally for injury due 
 to defects in property sold, see NEGLI- 
 CKXCE, 15. 
 
 Specific performance of contract, see SPE- 
 CIFIC PERFORMANCE, II. c. 
 
 Agent's criminal responsibility for sale of 
 goods that do not comply with statutory 
 requirements. L.R.A.1918D, 726. 
 
 Right of purchaser to benefit of insurance 
 taken out by seller. L.R.A.3918D, 938. 
 
 Must seller or bviyer bear loss from failure 
 to contract with carrier for full liabil- 
 ity. L.R.A.1917F, 561. 
 
 What constitutes a broken or defective part 
 within agreement to replace such parts. 
 L.R.A.1917D, 1126. 
 
 Right of purchaser to maintain action 
 against carrier. 36 L.R.A.(N.S.) 71. 
 
 Claim against state based on a sale. 42 
 L.R:A. no. 
 
 Liability for negligent performance, by sel- 
 ler, of agreement to ship goods, by rea- 
 son of which they are lost. 12 L.R.A. 
 (N.S.) 679. 
 
 Right of one in possession of another's prop- 
 erty to appropriate it to an executory 
 contract with the latter. 36 L.R.A. 
 (N.S.) 622. 
 
 Right of buyer to maintain separate action 
 for nondelivery of each instalment un- 
 der entire contract. 3 L.R.A. (N.S.) 
 1042. 
 
 Liability of vendor of diseased live stock, 
 in the absence of express warranty. 29 
 L.R.A.(N.S.) 202. 
 
 Purchase of bills of lading with draft at- 
 tached as assumption of seller's obliga- 
 tion. 32 L.R.A.(N.S.) 1173. 
 
 Rights and liabilities under contract for sale 
 of personalty as affected by vendor's 
 mistake in fixing price. 23 L.R.A. 
 
 (N.S.) lion. 
 Consult also L.R.A. Digests of Cases. 
 
 SALE, XL a cont'd 
 
 Right of purchaser of personalty to rely on 
 seller's computation of price, or esti- 
 mate of quantity. 17 L.R.A. (N.S.) 
 419. 
 
 Usurious agreement for interest in case of 
 sales. 49 L.R.A. 553. - 
 
 Resale to fix damages for purchaser's re- 
 fusal to accept goods. 42 L.R.A. (N.S.) 
 GG9. 
 
 Effect of seller's election to resell goods to 
 fix damages for purchaser's refusal to 
 accept on seller's right to purchase. 42 
 L.R.A.(N.S.) 675. 
 
 Right to plead inconsistent defenses in ac- 
 tions relating to. 48 L.R.A. 196. 
 
 Interpleader between seller and agent. 10 
 L.R.A.(N.S.) 753. 
 
 Admissibility of books of account to prove 
 sale and delivery of goods. 52 L.R.A. 
 690. 
 
 Tenant's or cropper's abandonment of crop 
 as affecting rights of purchaser. 46 
 L.R.A. (N.S.) 56. 
 
 Right to receiver to take property from 
 possession of purchaser. 47 L.R.A. 
 (N.S.) 749. 
 
 Repudiation of contract of sale on one 
 ground as waiver of other objections. 
 3 B. R. C. 591. 
 
 Necessity of pleading statute of frauds in 
 action on contract of sale. 49 L.R.A. 
 (N.S.) 32. 
 
 Validity of statute or ordinance for the set- 
 tlement of weights as between buyer 
 and seller by public weigher. 51 L.R.A. 
 (N.S.) 731. 
 
 Agreements as to determination of prices 
 or value by third persons. 47 L.R.A. 
 (N.S.) 384. 
 
 Effect of discontinuance of serial publica- 
 tion. 45 L.R.A. (N.S.) 203. 
 
 Relief from contract of sale because of 
 over or underestimate of quantity by 
 seller. 45 L.R.A.(N.S.) 243. 
 
 Who may exercise option under a contract 
 calling for a maximum or minimum 
 amount of commodity. L.R.A.1918D, 
 583. 
 
 Recommendation of another as proper sub- 
 ject for credit as ground of liability. 
 L.R.A.1915A, 100. 
 
 Effect of provision of contract that buyer 
 shall furnish receptacles. L.R.A. 
 1916D, 730. 
 
 Remedy of purchaser for failure of seller 
 to furnish assistant to handle subject- 
 matter of sale. 45'L.R.A.(N.S.) 258. 
 
 Duty of vendor of dangerous goods to warn 
 purchaser. 3 B. R. C. 449. 
 
 Remedies of parties under a contract for 
 the sale of an article on approval. 50 
 L.R.A.(N.S.) 808; L.R.A.1918B, 873. 
 
 Time for exercising option reserved in con- 
 tract of sale to return or resell 
 property. 50 L.R.A. (N.S.) 594. 
 
 Title to goods which purchaser elects to re- 
 turn for credit pursuant to contract. 
 L.R.A.1916E, 1209. 
 
 Right of buyer to purchase on market before 
 expiration of time for delivery where 
 seller gives notice that he will not de- 
 liver. L.R.A.1917A, 1001.
 
 1196 
 
 INDEX TO L.R.A. NOTES. 
 
 SALE, XI. a cont'd 
 
 Breach of agreement in contract of sale to 
 give the purchaser the exclusive right 
 of sale, as affecting the remedies of the 
 parties. L.R.A.1918C, 1027. 
 
 40. Assignability of contract of sale. 
 
 Assignability of executory contract to per- 
 form particular work as distinguished 
 from contract of sale. 23 L.R.A.(X.S.) 
 223. 
 
 Assignability of contract to supply such 
 quantity of goods as purchaser may re- 
 quire in his business. 2 B. R. C. 444, 
 
 41. Under option to purchase. 
 
 Specific performance for provisions for ap- 
 praisal of property preliminary to exer- 
 cise of option. L.R.A.1917C, 813. 
 
 Effect of option to return goods. 17 L.R.A. 
 209. 
 
 Rights conferred by a refusal or option. 21 
 L.R.A. 127. 
 
 Liability for loss of or damage to personal 
 property pending exercise of option to 
 buy or return if unsatisfactory. 6 
 L.R.A.(N.S.) 273. 
 
 Purchase by agent for principal of prop- 
 erty which agent personally has an op- 
 tion or contract to purchase. 11 L.R.A. 
 (N.S.) 122. 
 
 Liability of promoter on sale to corpora- 
 tion of property on which he holds 
 option. 18 L.R.A. (N.S.) 1114. 
 
 When title passes under consignment of 
 goods for sale with provision that con- 
 signee purchase at option of consignor. 
 39 L.R.A.(N.S.) 623. 
 
 42. Effect of contract to ship goods 
 f. o. b. 
 
 In general. 62 L.R.A. 795. 
 
 Vendor's liability as to holding and trans- 
 portation expenses. 62 L.R.A. "96. 
 
 Upon whom the duty of furnishing cars or 
 vessels lies. 62* L.R.A. 797; 6 L.R.A. 
 (N.S.) 928; L.R.A.1917A, 1163. 
 
 Effect of delivery f. o. b. 62 L.R.A. 798. 
 Upon the passing of the title. 62 
 L.R.A. 802; 33 L.R.A. (N.S.) 54. 
 
 43. Restrictions on sttle or use of 
 property as affecting purchaser. 
 
 Of patented article, see PATENTS, 12. 
 
 In general. 65 L.R.A. 63]. 
 
 Copyrighted articles, electrotype plates, etc. 
 
 *55 L.R.A. 632. 
 Validity of contract to resell property at an 
 
 advanced price. 3 L.R.A. (N.S.) 213. 
 Condition imposed by manufacturer as to 
 
 retail price, as binding upon retailer 
 
 purchasing from middleman. 3 B. R. 
 
 C. 299. 
 
 44. Seller's right to retake property. 
 
 Under conditional sale, see infra, 50. 
 
 Right of seller of property to municipal 
 corporation under invalid contract to 
 take or remove property iipon refusal 
 of payment. 20 L.R.A. (N.S.) 110; 
 L.R.A.1915B, 173. 
 
 Begin with this booJc on every law question. 
 
 SALE, XL a cont'd 
 
 Seller's right to recover possession or value 
 
 of property on default by purchaser. 32 
 
 L.R.A. 459. 
 
 45. Recovery of purchase price by 
 seller. 
 
 Payment of purchase price on conditional 
 
 sale, see supra, 17. 
 Under conditional sale, see infra, 51. 
 Rescission of sale for default in payment, 
 
 see infra, 66. 
 
 Guaranty of purchase price, see GUARANTY. 
 Liability for purchase price of intoxicating 
 
 liquor, see INTOXICATING LIQUORS, 40. 
 
 Law governing right of action for purchase 
 price before expiration of credit. 64 
 L.R.A. 828, 
 
 Right to recover price of property sold for 
 unlawful use. 15 L.R.A. 834*. 
 
 Sale of goods to keeper or inmate of house 
 of ill fame. L.R.A.1917B, 1168. 
 
 Who is real party in interest by whom ac- 
 tion for goods sold must be brought. 65 
 L.R.A. 597. 
 
 Necessity of notice to bind guarantor of pay- 
 ment of purchase price. 20 L.R.A. 259. 
 
 Failure of consideration as defense to action 
 on a purchase price note. 39 L.R.A. 
 (N.S.) 938; L.R.A.1918A, ]055. 
 
 What misrepresentations will afford defense; 
 to action for purchase price of books. 
 22 L.R.A. (N.S.) 1210. 
 
 Delay in attempting to regain property ob- 
 tained under agreement to pay therefor 
 on delivery as waiver of that condition. 
 11 L.R.A.(N.S.) 948; 23 L.R.A. (N.S.) 
 824; L.R.A.1915D, 355. 
 
 Action for price as bar to action for dam- 
 ages for fraud. 8 L.R.A. (N.S.) 582. 
 
 Effect of setting up defects as a counter- 
 claim in an action on one of a series of 
 notes given for, or to recover an instal- 
 ment of, the purchase price, upon the 
 right to set up a like counterclaim in 
 subsequent actions. 10 L.R.A. (N.S. ) 
 734. 
 
 Right to recover for goods sold under con- 
 tract containing provision for an ex- 
 clusive agency. 6 L.R.A.(N.S.) 547. 
 
 Right of seller, upon breach of executory 
 contract, to maintain action for con- 
 tract price. 17 L.R.A. (N.S.) 808: 2(5 
 L.R.A. (N.S.) 248. 
 
 Right of seller to recover contract price or 
 value of articles delivered while 
 refusing further deliveries for pur- 
 chaser's failure to pay. 43 L.H.A. 
 1009. 
 
 Right to recover purchase price where pur- 
 chaser wrongfully repudiates his 
 contract. 51 L.R.A.(N.S.) 735. 
 
 46. time of suing for. 
 
 Action for price before expiration of credit. 
 3 L.R.A. (N.S.) 908. 
 
 Effect of refusal to execute purchase-money 
 notes to give vendor an immediate right 
 of action. 12 L.R.A. (N.S.) 180.
 
 INDEX TO L.E.A. NOTES. 
 
 1197 
 
 SALE, XI. a cont'd 
 
 47. Ilecovery back of payments 
 made. 
 
 Under conditional sale, see infra, 52. 
 
 Effect of default in payment followed by 
 rescission as forfeiture of payments al- 
 ready made. 3 L.R.A. (X.S.)' 785. 
 
 b. Conditional sale. 
 
 48. Generally. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 33. 
 
 Effect on question of fixture generally, of re- 
 tention of title to, or lien on, chattel 
 sold, see FIXTURES, 6, 7. 
 
 Title to foal of mare sold conditionally. 17 
 L.R.A. 82. 
 
 Remedy of conditional vendor for refusal to 
 accept. 68 L.R.A. 100. 
 
 Right of vendor under conditional sale as 
 affected by bankruptcy of purchaser. 
 38 L.R.A. (X.S.) 554. 
 
 Effect of taking collateral security upon 
 conditional sale. 20 L.R.A. (N.S.) 
 1065. 
 
 Duty of purchaser of property from condi- 
 tional vendee with right to sell, to see 
 that latter's vendor is paid. 26 L.R.A. 
 (X.S.) 585. 
 
 Damages recoverable by conditional vendor 
 of personalty from third person who 
 converts the same after partial pay- 
 ment .of the purchase price. 10 L.R.A. 
 (X.S.) 458. 
 
 Destruction of property sold conditionally 
 while in possession of seller. 31) L.R.A. 
 (X.S.) 595. 
 
 Liability for loss of or damage to personal 
 property pending exercise of option to 
 buy, or to return if unsatisfactory. 6 
 L.R.A. (X.S.) 273. 
 
 Rights and remedies of parties to condition- 
 al sale to infant. 52 L.R.A. (X.S.) 723. 
 
 Conditional sale contract executed prior to, 
 but filed within four months of bank- 
 ruptcy, as a voidable preference. 47 
 L.R.A'. (N.S.) 1223. 
 
 Accession to property which is the subject 
 of a conditional sale. L.R.A. 1916E, 
 256. 
 
 Right to lien for repairs or other services 
 vinder contract with purchaser un- 
 der conditional sale. L.R.A.1915D, 
 1141. 
 
 Right of conditional vendor of automobile to 
 lien for storage or repairs made subse- 
 quent to the sale. L.R.A.1918D, 335. 
 
 Effect of the retaking of property by seller 
 on the rights and remedies of the 
 parties to a contract of condition- 
 al sale. L.R.A.1916A, 915. 
 
 Renewal of conditional sale note as affect- 
 ing rights of seller or the intervening 
 rights of third persons to the property. 
 L.R.A.1916A, 927. 
 
 Right of conditional vendee of personal 
 property to maintain action for dam- 
 ages to, or conversion of, property. 
 L.R.A.1917D, 217. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SALE, XL b cont'd 
 
 Injunction to restrain action by seller to re- 
 cover property sold by conditional sale. 
 L.R.A.1917C, 77. 
 
 J 
 
 49. On default of payment. 
 
 Right of vendor. 32 L.R.A. 455. 
 
 Right of purchaser. 32 L.R.A. 465. 
 
 forfeiture. 32 L.R.A. 469. 
 
 Rescission. 32 L.R.A. 469. 
 
 Statutory provisions as to rights and reme- 
 dies. 32 L.R.A. 470. 
 
 Waiver. 32 L.R.A. 471. 
 
 Election of remedy under contract. 32 
 L.R.A. 471. 
 
 Right and duty of seller who retakes prop- 
 erty under right reserved in the con- 
 tract, where reservation of title is in- 
 valid. L.R.A.1916C, 560. 
 
 Bringing an action for the purchase price 
 as a waiver by the vendor of the title 
 and- remedy clauses in a conditional 
 sale contract. L.R.A.1916A, 925. 
 
 50. Seller's right to retake property. 
 
 Seller's right to recover from purchaser pos- 
 session or value of property on default. 
 32 L.R.A. 459. 
 
 Right of vendor in conditional sale to re- 
 cover property as affected by his knowl- 
 edge that the purchaser intended to 
 make an unlawful use of it. 40 L.R.A. 
 (N.S.) 967. 
 
 Right to emplov force in retaking property 
 sold conditionally. 19 L.R.A. (N.S.') 
 606; L.R.A.1915F, 673. 
 
 Liability for abuse of right to retake prop- 
 erty sold conditionally, upon breach of 
 condition. 13 L.R.A. (N.S.) 1132. 
 
 Bringing action for purchase price as waiver 
 of right of vendor in conditional sale 
 to recover property in specie. 23 L.R.A. 
 (N.S.) 144. 
 
 Apparent ownership of conditional vendee, 
 as affecting right of conditional vendor 
 to claim title as against conditional 
 purchaser's vendees or creditors. 25 
 L.R.A.(N.S.) 766,782-790. 
 
 51. Recovery of purchase price by 
 seller. 
 
 Seller's right to collect balance after retak- 
 ing possession. 32 L.R.A. 455-. 
 
 Right to recover on unpaid notes or con- 
 tracts where vendor does not resume 
 possession or accept return of property. 
 32 L.R.A. 458. 
 
 Right to recover purchase price where prop- 
 erty is destroyed after delivery. 32 
 L.R.A. 458. 
 
 Right of seller under conditional sale to re- 
 cover amount unpaid where property 
 test or destroyed without fault of pur- 
 chaser. 2 L.R.A.(N.S.) 97. 
 
 52. Purchaser's right to recover 
 back payments' where seller retakes 
 property. 
 
 General rule. 32 L.R.A: 465; 38 L.R.A. 
 (N:S.) 893; 51 L.R.A. (N.S.) 251.
 
 1198 
 
 INDEX TO L.R.A. NOTES. 
 
 SALE, XI. b cont'd 
 
 Where contract mutually rescinded. 38 
 
 L.R.A.(N.S.) 894. 
 Where seller unlawfully takes or sells the 
 
 property. 38 L.R.A. (N.S.) 895. 
 Right of seller to replevin property without 
 returning or offering to return pur- 
 chase money. 38 L.R.A. (N.S.) 
 897. 
 Judgment in replevin action as affecting 
 
 right to recover purchase money paid. 
 
 38 L.R.A. (N.S.) 898. 
 
 Where purchase price is represented by buy- 
 er's notes. 38 L.R.A.(N.S.) 898. 
 Where property in hands of third person, 
 
 38 L.R.A. (N.S.) 899. 
 Statutory right. 38 L.R.A. (N.S.) 899. 
 Right to recover property or its value as in 
 
 trespass. 32 L.R.A. 467. 
 Infant's right to recover back payments 
 
 where seller retakes property on dis- 
 
 amrmance of contract by infant. 52 
 
 L.R.A. (N.S.) 723. 
 
 c. On Itreacli of warranty. 
 
 53. Generally. 
 
 Measure of damages for breach of warranty, 
 see DAMAGES, 37. 
 
 Loss of profits as element of damages, see 
 DAMAGES, 116. 
 
 Liability of seller or manufacturer for in- 
 juries by dangerous or defective article, 
 see NEGLIGENCE, 15. 
 
 Effect of representing things to be "good." 
 15 L.R.A. 795. 
 
 Liability of infant for false warranty. 57 
 L.R.A. 680. 
 
 Rule of proximate cause in case of false 
 warranties. 45 L.R.A. 90. 
 
 Effect of warranty clause in contract on 
 failure of consideration as defense to ac- 
 tion on purchase money note. 39 L.R.A. 
 (N.S.) 946. 
 
 Arrest under civil process for breach of 
 warranty. 20 L.R.A. (N.S.) 844. 
 
 Right of purchaser, upon rejecting goods for 
 breach of warranty, to resell them on 
 account of seller. 27 L.R.A. (N.S.) 
 932. 
 
 Time when limitation begins to run on lia- 
 bility for breach of warranty. 15 
 L.R.A.(N.S.) 162. 
 
 Availibility of breach of warranty as de- 
 fense in replevin or claim and delivery 
 where not specially pleaded. 34 L.R.A. 
 (N.S.) 473. 
 
 Effect of change of condition of chattel upon 
 right to return it for breach of warran- 
 ty. 3 L.R.A. (N.S.) 678. 
 
 Breach of warranty in the principal contract 
 as defense to a surety. 21 L.R.A. 406. 
 
 May purchaser recover damages for breach 
 of warranty or fraud as to both ar- 
 ticles where one article is substituted 
 for another at his request and both are 
 defective. 37 L.R.A. (N.S.) 298. 
 
 When does statute of limitations begin to 
 run against an action for breach of war- 
 ranty. L.R.A.1916F, 812. 
 
 Begin with tJiis Look on every law question. 
 
 SALE, XI. c cont'd 
 
 Admissibility upon question as to breach 
 of warranty of evidence as to success 
 or failure of goods or apparatus. 
 L.R.A.1915B, 626. 
 
 Right of husband to recover in action for 
 breach of warranty, for loss of services 
 of wife, occasioned by her injury or 
 death in consequence of such breach. 3 
 B. R. C. 197. 
 
 Right of a purchaser of chattel to avail 
 himself of breach of warrant}' made 
 to the seller. 51 L.R.A. (N.S.) 1111. 
 
 Remedies of parties to a contract of sale 
 providing that seller will remove the 
 property if it does not fulfil the war- 
 ranty. 50 L.R.A.(N.S.) 805. 
 
 Yielding to adverse claimant as affecting 
 buyer's right to assert breach of war- 
 ranty of title of personal property. 
 L.R.A.1918B, 1138. 
 
 5 3 a. Exclusiveness of remedy pro- 
 vided by contract. 
 
 Exclusiveness of remedy for breach of war- 
 ranty provided in contract for the 
 sale of an animal. 50 L.R.A. 
 (N.S.) 774. 
 
 Exclusiveness of remedy for breach of war- 
 ranty provided in contract for sale 
 of machinery. 50 L.R.A.(N.S.) 
 753. 
 
 Exclusiveness of remedy for breach of war- 
 ranty given in contract of sale of 
 chattels other than machinery or 
 animals. 50 L.R.A.(N.S.) 778. 
 
 54. As to quality or quantity. 
 
 Rights and remedies of purchaser in sales 
 by description. 14 L.R.A. 492. 
 
 Remedy of purchaser on default of one 
 who sells with particular description of 
 kind or quality. 35 L.R.A.(N.S.) 291. 
 
 Right of purchaser of goods deliverable in 
 instalments to rescind the contract or 
 refuse further deliveries for breach as 
 to quality. 38 L.R.A. (N.S.) 539. 
 
 Right of purchaser who has resold to recov- 
 er for breach of warranty as to quanti- 
 ty or quality, where he has not actually 
 made good to his vendees. 3 L.R.A. 
 (N.S.) 465. 
 
 When does statute of limitations begin to 
 run against an action for breach of 
 warranty. L.R.A.1916F, 812. 
 
 55. Parol warranty. 
 
 Breach of parol warranty as defense to ac- 
 tion between original parties on note 
 for purchase price of chattel. 28 L.RJL 
 (N.S.) 267. 
 
 56. Compliance with conditions of 
 warranty. 
 
 Necessity and sufficiency of compliance with 
 conditions of warranty in sale of 
 personal property. 50 L.R.A. 
 (N.S.) 783. 
 
 Effect of provision in contract of sale that 
 claim for defects must be made within 
 certain time, where defects are latent. 
 11 L.R.A.(N.S.) 245.
 
 INDEX TO L.R.A. NOTES. 
 
 1199 
 
 SALE, XI. e cont'd 
 
 57. condition as to returning. 
 
 In general. 50 L.R.A. (N.S.) 794. 
 
 Construction of provision for return in event 
 of rescission for breach of warranty. 32 
 L.R.A. (N.S.) 212. 
 
 Effect of provision in contract of sale for 
 return of defective goods upon buyer's 
 right to recover for breach of warranty, 
 express or implied. 12 L.R.A. (N.S.) 
 540. 
 
 Remedy for breach of warranty of horse 
 where its death prevents its return and 
 the substitution of another, as provided 
 by the contract. 25 L.R.A.(N.S.) 823. 
 
 Waiver of return. 50 L.R.A. (N.S.) 802. 
 
 57a. waiver of conditions. 
 
 Waiver of conditions in contract of sale 
 limiting the warranty. 50 L.R.A. 
 (N.S.) 796. 
 
 Waiver of stipulated notice of failure of 
 machine to work properly. 1 L.R.A. 
 (N.S.) 142. 
 
 Waiver by seller of provision for return of 
 goods in case of rescission for breach 
 of warranty. 32 L.R.A. (N.S.) 214. 
 
 58. Waiver of breach. 
 
 Effect of inspection or opportunity to in- 
 spect, see supra, 38. 
 
 Under a contract for sale of goods on ap- 
 proval. 50 L.R.A. (N.S.) 808. 
 
 Vendee's failure to inspect or test goods 
 as waiver of express warranty. 24 
 L.R.A.(N.S.) 235. 
 
 59. by acceptance with knowledge 
 of breach. 
 
 Where warranty express. 35 L.R.A. (N.S.) 
 
 502. 
 Rule that purchaser has option to accept 
 
 or reject. 35 L.R.A. (N.S.) 506. 
 Doctrine that purchaser must accept. 35 
 
 L.R.A.(N.S.) 507. 
 Right to accept where warranty implied. 
 
 35 L.R.A. (N.S.) 507. 
 Right to retain article after obtaining 
 
 knowledge of defect. 35 L.R.A. (N.S.) 
 
 509. 
 
 d. Lien for price; stoppage in transitu. 
 
 60. Lien for price. 
 
 Applicability of doctrine of vendor's equita- 
 ble lien to personal property. 3 B. R. 
 C. 824. 
 
 Law governing right to vendor's lien. 64 
 L.R.A. 831. 
 
 Vendor's lien for purchase price of railroad 
 rails. 66 L.R.A. 44. 
 
 Right of vendor by conditional sale to as- 
 sert lien on default of payment. 32 
 L.R.A. 404. 
 
 Personal liability of purchaser of personal 
 property which is subject to a lien. 59 
 L.U.A. 737. 
 
 Waiver of seller's lien by attachment or 
 execution. 50 L.R.A. 714. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SALE, XI. d cont'd 
 
 61. Stoppage in traiisitu. 
 
 Waiver of, by attachment or execution. 50 
 
 L.R.A. 721. 
 Effect on, of contract to ship goods f. o. 
 
 b. 62 L.R.A. 805. 
 Right of stoppage in transitu after reship- 
 
 ment. 34 L.R.A. (N.S.) 31. 
 
 e. Rescission. 
 
 1. In general. 
 
 62. Generally. 
 
 Right of seller to retake property, see supra, 
 44. 
 
 When sale of expectancy by prospective heir 
 will be set aside. 33 L.R.A. 278, 284. 
 
 Rescission by vendor of seeds. 37 L.R.A. 
 (N.S.) 85. 
 
 Right of infant to rescind sale of corporate 
 stock. '28 L.R.A. (N.S.) 128. 
 
 Effect of default in payment, followed by re- 
 scission, as forfeiture of payments al- 
 ready made. 3 L.R.A. ( N.S. ) '785. 
 
 Right of purchaser on conditional sale to 
 recover back payments where contract is 
 mutually rescinded. 38 L.R.A. (N.S.) 
 894. 
 
 Duty of buyer where seller refuses to accept 
 property tendered in rescission of 
 the contract. L.R.A.1916F, 479. 
 
 63. Prerequisites to. 
 
 N T otice to vendor as condition of vendee's 
 right to refuse subsequent deliveries 
 after breach as to earlier deliveries. 
 8 L.R.A.(N.S.) 1110. 
 
 64. return of consideration. 
 
 Necessity of returning consideration before 
 bringing replevin for property obtained 
 by fraudulent purchase. 21 L.R.A. 206; 
 1 L.R.A.(N.S.) 474. 
 
 Necessity that tender, as condition of rescis- 
 sion for breach of warranty, shall cover 
 all the property sold. 8 L.R.A. (N.S.) 
 727. 
 
 Construction of provision for return in the 
 event of rescission for breach of 
 warranty. 32 L.R.A. (N.S.) 212. 
 
 2. Grounds. 
 
 65. Generally. 
 
 What will warrant rescission of contract of 
 
 sale. 30 L.R.A. 61. 
 
 Use as waiver of right to rescind for non- 
 compliance with contract. 36 L.R.A. 
 (NvS.) 467. 
 
 Failure of seller to deliver goods on agreed 
 date as ground for rescission by 
 purchaser. L.R.A.1916E, 940. 
 
 g 66. Default in payment. 
 
 Rescission for failure to pay for instalment 
 as delivered. 32 L.R.A. (N.S.) 1. 
 
 Rescission of conditional sale on default of 
 payment. 32 L.R.A. 469.
 
 1200 
 
 INDEX TO L.R.A. NOTES. 
 
 8 ALE, XI. e, 2 cont'd 
 
 67. Fraud. 
 
 What constitutes fraud, see FBAUD AND DE- 
 CEIT, 4-] 2. 
 
 Sale as a fraud upon creditors of seller, see 
 FRAUDULENT CONVEYANCES. 
 
 Conflict of laws as to. 64 L.R.A. 827. 
 Fraud in obtaining credit. 14 L.R.A. 
 
 264. 
 
 Representation to commercial 
 agencies. 2 L.R.A. 154;* 14 
 L.R.A. 264. 
 
 Election of remedies in case of fraudulent 
 purchase. 15 L.R.A. 89. 
 
 False statement as to cost, selling, or 
 market price of property, or as to offers 
 therefor. 35 L.R.A. (N.S.) 175; L.R.A. 
 1916F, 782. 
 
 Lack of reasonable expectation of ability to 
 pay as equivalent of intention not to 
 pay. 6 L.R.A. (N.S.) 556. 
 
 Liability of partnership for fraud in pur- 
 chase of property. 51 L.R.A. 484. 
 In sale of property. 51 L.R.A. 485. 
 
 Necessity of returning amount paid on 
 fraudulent purchase in action of re- 
 plevin by seller. 1 L.R.A. (N.S.) 474. 
 
 Effect of bankruptcy proceedings on prior 
 action to rescind sale for fraud. 8 
 L.R.A. (N.S.) 1204. 
 
 Right of seller to reclaim goods as against 
 assignee for creditors or trustee in 
 bankruptcy of buyer, who procured 
 them by false representations. 17 
 L.R.A.(N.S.) 1032. 
 
 Burden of proof as to payment of value by, 
 or notice of fraud to, subvendee of chat- 
 tels, when original seller seeks to re- 
 scind for fraud of first purchase. 8 
 L.R.A.(N.S.) 448. 
 
 What misrepresentations will afford ground 
 for rescinding a sale of books. 22 
 L.R.A.(N.S.) 1210. 
 
 Rescission by purchaser for seller's fraud 
 as affecting former's right to recover 
 damages, other than loss of contract. 
 31 L.R.A. (N.S.) 910. 
 
 Waiver of fraud by completing executory 
 contract for sale of personal property 
 after discovering the fraud. 8 L.R.A. 
 (N.S.) 452. 
 
 68. Breach of warranty. 
 
 Interest on rescission for breach, see INTER- 
 EST, 7. 
 
 Right of rescission on breach of warranty 
 by vendor of seeds. 37 L.R.A. (N.S.) 
 85; L.R.A.1916C, 1013. 
 
 Construction of provisions for - return of 
 
 property, in event of rescission for 
 
 breach of warranty. 32 L.R.A. (N.S.) 
 
 212. 
 
 Right of purchaser to reject goods for breach 
 of warranty. 27 L.R.A.(N.S.) 914. 
 Right of purchaser of goods deliverable in 
 instalments to rescind the contract, 
 or refuse further deliveries, for 
 breach as to quality. 38 L.R.A. 
 (N.S.)' 580. 
 
 SALE, XI. e, 2 cont'd 
 
 Purchaser's election to rescind for breach 
 of warranty as affecting recovery 
 against seller. 27 L.R.A. (N.S.) 
 925. 
 
 Use as waiver of right to rescind for breach 
 of warranty. 36 L.R.A. (N.S.) 467. 
 
 3. Waiver of right. 
 
 69. Generally. 
 
 Waiver of right to rescind by use of prop- 
 erty to test it. 21 L.R.A. 135. 
 
 Acceptance of portion of instalment, as af- 
 fecting right to rescind continuing con- 
 tract for failure to deliver whole. 21 
 L.R.A.(N.S.) 864. 
 
 Waiver of fraud by completing executory 
 contract for sale of personal property 
 after discovering the fraud. 8 L.R.A. 
 (N.S.) 452. 
 
 70. Waiver by use of right to re- 
 scind for breach of warranty or 
 noiicompliance with contract. 
 
 General rule. 36 L.R.A.(N.S.) 468. 
 
 Use for purpose of test. 36 L.R.A. (N.S.) 
 
 469. 
 Use after discovery of defect. 36 L.R.A. 
 
 470. 
 
 Use after ascertaining failure to meet re- 
 quirements of contract. 36 L.R.A. 
 
 (N.S.) 471. 
 Where further use is at the request oi 
 
 the seller. 36 L.R.A. (N.S.) 472. 
 Use after notice of rescission. 36 L.R.A. 
 
 .(N.S.) 472. 
 Rescission for delay in delivering. 36- 
 
 L.R.A.(N.S.) 474. 
 Whether reasonableness question for court 
 
 or. jury. 36 L.R.A. (N.S.) 474. 
 When objection should be made. 36 L.R.A. 
 
 (N.S.) 475. 
 
 /. Rights of bona fide purchasers. 
 
 71. Generally. 
 
 Of note, see BILLS AND NOTES, 38-42. 
 
 Of bond, see BONDS, 23. 
 
 In general, see BONA FIDE HOLDER. 
 
 72. Pre-existing- debt as consider- 
 ation for bona iide purchase of non- 
 negotiable property. 
 
 Notice of prior equities. 36 L.R.A. 161. 
 Value of the property. 36 L.R.A. 162. 
 Performance of transfer. 36 L.R.A. 163. 
 Generally. 36 L.R.A. 163. 
 
 SALES IN GROSS. 
 
 Of trade mark. 1 L.R.A. (N.S.) 708. 
 
 Begin iHth tliis booh on every law question. 
 
 SALE OR RETURN. 
 
 Title to goods which purchaser elects to 
 return for credit under contract of sale 
 or return. L.R.A.1916E, 1209.
 
 INDEX TO L.R.A. NOTES. 
 
 1201 
 
 SALESMEN. 
 
 Traveling salesmen, see COMMERCIAL TRAV- 
 ELERS. 
 
 Authority of sales agent who is authorized 
 to collect the whole or part of purchase 
 price on making the sale to receive pay- 
 ment afterwards. 38 L.R.A.(N.S.) 700. 
 
 Salesman's right to compensation as affected 
 by employment of improper method to 
 make sales. .3!) L.R.A.(N.S.) 1149. 
 
 Loss of profits as element of damages for 
 breach of contract of. 53 L.R.A. 77. 
 
 SALOONKEEPERS. 
 
 Liability . at common law, of a saloonkeeper 
 for personal injury to patron. 4 L.R.A. 
 (X.S.) 049. 
 
 Liability for malicious acts of servants to- 
 wards patrons. 4 L.R.A. (N.S.) 485. 
 
 SALOONS. 
 
 Injunction against, see INJUNCTION, 29. 
 As to sale of intoxicating liquor, generally, 
 
 see INTOXICATING LIQUOR, 19-37. 
 Saloonkeepers, see SALOONKEEPERS. 
 
 Power to license. 20 L.R.A. 722. 
 
 Power to exclude women from. 18 L.R.A. 
 
 (X.S.) 657. 
 Validity of agreement in restraint of trade, 
 
 ancillary to sale of saloon, as affected 
 
 by territorial scope. 24 L.R.A. (X.S.) 
 
 928; L.R.A.1916C, 630. 
 As a place of public accommodation within 
 
 civil rights act. 9 L.R.A. (X.S.) 601; 
 
 L.R.A.1918F, 829. 
 As a place of amusement within civil rights 
 
 acts. 19 L.R.A. (X.S.) 907. 
 Effect upon lease of property for saloon 
 
 purposes of passage of prohibitory laws 
 
 during term. 19 L.R.A. (X.S.) 964; 23 
 
 L.R.A: (X.S.) 497; 34 L.R.A. (N.S.) 
 
 773; L.R.A.1917C, 935. 
 
 SALPINGECTOMY. 
 
 See STERILIZATION. 
 
 4 
 
 SALT. 
 
 Right to pump up water where the result is 
 to carry away another's mineral in 
 solution! 5 B. 'R. C. 254. 
 
 SALT PETER. 
 
 Keeping of, on insured premises. L.R.A. 
 
 1917C, 278. 
 ro.sij/f- rt/.vo L.R.A. Digests of Cases. 
 
 SALVAGE. 
 
 Possibility of salvage as affecting amount of 
 damages for destruction of propertv. 
 L.R.A. 1918A, 276. 
 
 Right to, in case of reinsurance. 8 L.R.A. 
 (X.S.) 862. 
 
 Legislative power to fix prices for salvage of 
 logs. 33 L.R.A. 182. 
 
 Rights of seamen as salvors. 64 L.R.A. 
 193. 
 
 Where vessel causing peril and that claim- 
 ing salvage have the same owner. 1 
 L.R.A.(X.S.) 873. 
 
 Jurisdiction of admiralty over contract aa 
 to. 66 L.R.A. 206, 232. 
 
 Rights of seamen as salvors. 64 L.R.A. 
 193. 
 
 Compensation in the nature of salvage. 64 
 L.R.A. 200. 
 
 Maritime lien for. 70 L.R.A. 368, 376. 
 
 SALVATION ARMY. 
 
 Delegation of power to regulate parades of. 
 20 L.R.A. 721. 
 
 Giving .of free service or reduced rates to 
 members of, as an unlawful discrimina- 
 tion. L.R.A.1918D, 919. 
 
 SAMPLE. 
 
 Implied warranty on sale by, see SALE. 37. 
 
 Regulation of sales by. 24 L.R.A. 588. 
 
 Authority of traveling salesmen to sell. 18 
 L.R.A. 667. 
 
 Solicitation of orders by sample as -inter- 
 state commerce. 19 L.R.A. (N.S.) 304. 
 
 Liability for loss or destruction of commer- 
 cial traveler's samples. 35 L.R.A. 
 (N.S.) 350. 
 
 Exhibition of sample to jury on issue of 
 quality of goods. 35 L.R.A. (N.S.) 
 1021. 
 
 Requiring that samples of milk for sale be 
 given to inspectors. 1 L.R.A. (N.S.) 
 918; L.R.A.1917C, 256. 
 
 Duty of parties with respect to delivery and 
 receipt of articles sold by sample. 35 
 L.R.A. (N.S.) 290. 
 
 Svmbolic delivery by, to satisfy statute of 
 frauds. 70 L.R.A. 321. 
 
 . SAMPLE MERCHANDISE. 
 
 Carrier's liability for loss of, when carried 
 as baggage' 4 L.R.A.(N.S.) 1035; 
 L.R.A.1918C, 108. 
 
 SANATORIUM. 
 
 Erection of, as violation of restrictive cove- 
 nant in deed. 41 L.R.A.(N.S.) 617. 
 
 70
 
 IS.DEX TO L.R.A. NOTES. 
 
 SANCTION. 
 
 Of evil by statute, when implied. 
 846. 
 
 14 L.R.A. 
 
 SAND. 
 
 SAVINGS BANKS. 
 
 See BANKS, 12, 13, 43, 44. 
 
 SAWMILL. 
 
 M , . , , , j Master's liability for vice principal's nog- 
 
 Right to sand upon railroad right of way H - n operati 54 L>R ^ m 
 
 as between company and fee owner. 4o Contr f butory ne gTi g ence in continuing work 
 
 in, notwithstanding master's promise to 
 repair. 29 L.R.A. (N.S.) 602. 
 
 SANDPITS. 
 
 Contributory negligence in continuing work 
 in, notwithstanding master's promise to 
 repair. 29 L.R.A.(N.S.) 601. 
 
 SANITARIUM. 
 
 Liability of proprietor of private sanitarium 
 for negligence of nurse or attendant. 
 6 L.R.A.(N.S.) 306; L.R.A.1915D, 334. 
 
 SANITARY DISTRICTS. 
 
 Applicability to, of Workmen's Compensa- 
 tion Acts. L.R.A.1918F, 193. 
 
 Incorporation of, into municipality as af- 
 fecting prior rights as to use of high- 
 way. 47 L.R.A. (N.S.) 610. 
 
 Immunity of, from liability for damages. 
 L.R.A.1918B, 1010. 
 
 Validity of statutory provision for at- 
 torney's fee in actions against sanitary 
 district of Chicago. L.R.A.1915E, 948. 
 
 SANITY. 
 
 See INCOMPETENT PERSONS. 
 
 SATISFACTION. 
 
 Accord and satisfaction, see ACCOBD AND 
 
 SATISFACTION. 
 
 Of execution, see EXECUTION, 11. 
 Of judgments, see JUDGMENT, 74-77. 
 Failure of employee to give, see MASTER AND 
 
 SERVANT, 38. 
 Of condition in will, see WILLS, 88. 
 
 Effect of stipulation that goods sold shall 
 be satisfactory. 17 L.R.A. 208. 
 
 Effect of use of property purchased on ap- gee GABBAGE . 
 proval after expression of dissatis- 
 faction. 14 L.R.A. (N.S.) 1107. 
 
 What constitutes "satisfactory title" with- 
 in requirement of land contract or 
 other agreement relating to land. 18 
 L.R.A. (N.S.) 741. 
 
 Payment of note by maker which proves 
 ineffectual as a satisfaction as affect- 
 ing surety's liability thereon. 13 
 L.R.A.(N.S.) 205. 
 
 Begin with this ftoofc on every law question. 
 
 SCAFFOLD. 
 
 Master's liability for injury to servant 
 by, see MASTER AND SERVANT. 84. 
 
 What constitutes "scaffolding" within mean- 
 ing of workmen's compensation act. 
 L.R.A.1916A, 198. 
 
 SCALES. 
 
 Obstruction of street by. 14 L.R.A. 558. 
 Power of municipality to regulate use of 
 
 scales by merchants. 23 L.R.A.(N.S.) 
 
 266. 
 Power of municipal corporation to grant 
 
 right to maintain scales in street. 25 
 
 L.R.A.(N.S.) 403. 
 
 SCALPING. 
 
 See CARRIERS, 21, 148. 
 
 SCANDAL. 
 
 Cruel and unusual punishment for publi- 
 cations disseminating. 35 L.R.A. 578. 
 
 SCANDALOUS MATTER. 
 
 As reason for omitting part of will from 
 probate. 34 L.R.A. (X.S.) 974. 
 
 SCAVENGERS. 
 
 SCENIC RAILROAD. 
 
 Liability of person maintaining, for safety 
 of patron. 19 L.R.A. (N.S.) 772: 26 
 L.R.A.(N.S.) 1054; 42 L.R.A.(N.S.) 
 1070.
 
 INDEX TO L.E.A. NOTES. 
 
 3203 
 
 SCHEDULE. 
 
 In assignment for creditors, see ASSIGN- 
 MENT FOB CEEDITORS, 5. 
 
 Sufficiencv of rules as to operation of trains 
 by. *43 L.R.A. 332. 
 
 SCHEDULE TIME. 
 
 Liability to servant in charge of a train 
 or car as affected by his duty to keep 
 schedule time. L.R.A.1916E, 268. 
 
 SCHISM. 
 
 See RELIGIOUS SOCIETIES, 4, 5. 
 
 SCHOOL DISTRICT. 
 
 See SCHOOLS, V. 
 
 SCHOOLHOUSE. 
 
 See SCHOOLS. 29, 30. 
 
 SCHOOL LANDS. 
 
 Location of mines on. 7 L.R.A. (N.S.) 
 794. 
 
 SCHOOL MONEY. 
 
 See SCHOOLS, 38. 
 
 SCHOOLS. 
 
 7. In general, 1, 2. 
 II. Government; control; attendance; 
 exclusion; tuition, 311. 
 
 III. Teachers, 12-22. 
 
 IV. Officers; elections, 23-26. 
 
 V. Districts; property; schoolhouses ; 
 contracts; liabilities; indebted- 
 ness; taxes, 2735. 
 VI. Text-books; instruction; school 
 money, 36-38. 
 
 I. In general. 
 
 1. Generally. 
 
 Charitable bequest for, see CHARITIES. 
 Oonstitutionality of statutes as to, see 
 
 CONSTITUTIONAL LAW, 148. 
 Sale of liquor within prohibited distance 
 
 of, see INTOXICATING LIQUORS, 27. 
 
 Applicability to school janitors of Work- 
 men's Compensation Acts. L.R.A. 
 191SF. 192. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SCHOOLS, I. cont'd 
 
 Giving of free service or reduced rates by 
 public service corporation to schools as 
 an unlawful discrimination. L.R.A. 
 1918D, 914. 
 
 Dutv of operator of automobile near school. 
 L.R.A.1918A, 252. 
 
 Effect of language in deed indicating that 
 land is to be used for school or educa- 
 tional purposes. L.R.A.1918B, 696. 
 
 Privilege of communication by or to school 
 authorities regarding conduct of pupil 
 or teacher. L.R.A.1917D, 784. 
 
 Liability of one conducting school for in- 
 struction in automobile driving for neg- 
 ligent operation during instruction. 
 L.R.A.1917A, 397. 
 
 Conducting public school in sectarian build- 
 ing. L.R.A.1917D, 462. 
 
 Who may petition in relation to school 
 matters. 43 L.R.A.(N.S.) 293. 
 
 Sale of books or other school supplies upon 
 school property or by persons connected 
 with schools. L.R.A.1915C, 624. 
 
 Nature and relation to state of incorporated 
 educational institutions belonging to 
 state. 29 L.R.A. 380. 
 
 Protection of school privileges by the equal- 
 ity provision of the 14th Amendment. 
 14 L.R.A. 581. 
 
 Establishment of school as violation of 
 restrictive covenant in deed. 41 L.R.A. 
 (N.S.) 616. 
 
 Taking of property for common schools 
 as a public purpose. 22 L.R.A. (N.S.) 
 169. 
 
 On what basis majority essential to adop- 
 tion of proposition for establishing 
 high school is to be computed. 22 
 L.R.A.(N.S.) 478. 
 
 Determining character of standing of pro- 
 fessional school or college for purposes 
 of license statutes. 22 L.R.A. (N.S.) 
 735. 
 
 As a violation of covenant against disagree- 
 able noise or nuisance. 9 L.R.A. (N.S.) 
 1039. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin school contract. 36 L.R.A. 
 (N.S.) 16. 
 
 School session as a meeting within purview 
 of offense of disturbing meeting. 30 
 L.R.A.(N.S.) 832. 
 
 2. Transportation of pupils. 
 
 Power to require carriers to give reduced 
 rates to school children. 11 L.R.A. 
 (N.S.) 973; 41 L.R.A. (N.S.) 524. 
 
 Duty of public to furnish free transpor- 
 tation to pupils. 37 L.R.A. (N.S.) 
 1110. 
 
 Right to use school money for transporta- 
 tion of pupils. 38 L!R.A.(N.S.) 710. 
 
 Who are within statutes or ordinances re- 
 quiring carriers to give reduced rates 
 to "pupils" or "school children." 43 
 L.R.A.(N.S.) 172. 
 
 Giving of reduced street car fares to school 
 children as an unlawful discrimination. 
 L.R.A.1918D, 915.
 
 1204 
 
 INDEX TO L.R.A. NOTES. 
 
 SCHOOLS cont'd 
 
 II. Government; control; attendance; 
 exclusion ; tuition. 
 
 3. Generally. 
 
 Power of school authorities to require at- 
 tendance at particular school as affected 
 bv location, accessibility, or distance. 
 22 L.R.A. (N.S.) 584. 
 
 Requiring examination as condition of ad- 
 mission or promotion of pupils. L.R.A. 
 1916C, 997. 
 
 3a. Compulsory education. 
 
 What instruction constitutes compliance 
 with compulsory education statute. 41 
 L.R.A.(N.S.) 95. 
 
 Expulsion or exclusion of child from school 
 as excuse or justification for non- 
 compliance with compulsory education 
 law. L.R.A.1915D, 223. 
 
 4. Private schools. 
 
 Power to regulate or prohibit private 
 schools. 29 L.R.A.(N.S.) 53. 
 
 5. Religious garb. 
 
 Validity of rule forbidding religious garb 
 in school. 7 L.R.A. (N.S.) 403. 
 
 Right to require or prohibit the wearing 
 of uniforms or religious garb in pub- 
 lic school or college. 42 L.R.A.(N.S.) 
 337. 
 
 6. Residence of pupils. 
 
 What constitutes residence entitling chil- 
 dren to the privileges of public 
 schools. 26 L.R.A. 581; 36 L.R.A. 
 (X.S.) 341; 51 L.R.A. (N.S.) 234. 
 Validity of statute giving nonresident of 
 school district right to attend school 
 without charge. 24 L.R.A. (N.S.) 1104. 
 Acquiring residence as voter while attend- 
 ing school. 23 L.R.A. 215; 40 L.R.A. 
 (N.S.) 170. 
 
 Domicil or residence for taxation as affected 
 by purpose to obtain school facilities. 
 L.R.A.1917A, 290. 
 
 7. Discrimination against colored 
 children; separate schools. 
 
 Separate schools for colored children. 14 
 L.R.A. 581. 
 
 Who is negro, mulatto, or person of color 
 within school law not specifically de- 
 fining the same. 31 L.R.A.(N.S.) ISO; 
 L.R.A.1915A, 828. 
 
 Right of educational, charitable, or religious 
 institution to exclude person on account 
 of race or color. 24 L.R.A.(N.S.) 447. 
 
 Right of Indian children to school privileges. 
 50 L.R.A. (X.S.) 147. 
 
 8. Vaccination of pupils. 
 
 Vaccination as condition of attendance. 25 
 L.R.A. 152; 17 L.R.A. (N.S.) 710. 
 
 Exclusion of unvaccinated child from school 
 as excuse or justification for noncom- 
 pliance with compulsory education law. 
 L.R.A.1915D, 223. 
 
 9. Control of pupils; suspension. 
 
 Suspension as affecting tuition, see infra, 
 lla. 
 
 Begin with this TtooTe on every law question. 
 
 SCHOOLS, II. cont'd 
 
 Teacher's right to enforce discipline, see 
 
 infra, 20. 
 Teacher's right to chastise pupil, see infra, 
 
 21. 
 Teacher's liability for injury to pupil, see 
 
 infra, 22. . 
 
 Forbidding student's affiliation with secret 
 society. 7 L.R.A.(N.S.) 352; L.R.A. 
 1915D, 588. 
 
 Exclusion of unvaccinated child from school 
 as excuse or justification for non- 
 pliance with compulsory education 
 law. L.R.A.1915D, 223. 
 
 10. outside of school grounds. 
 
 Power of school authorities over pupils 
 while outside of school grounds. 3 
 L.R.A. (N.S.) 496. 
 
 Right of school authorities to control pupils 
 when going to and from school. 62 
 L.R.A. 160. 
 
 Right of third person to complain of regu- 
 lations concerning conduct of students 
 by which he is injuriously affected. 51 
 L.R.A. (N.S.) 17. 
 
 11. right to exclude, suspend, or 
 expel pupils for misconduct of 
 themselves or parents. 
 
 Discretion of school authorities. 50 L.R.A. 
 
 (N.S.) 267. 
 Where the parent's action affects the child. 
 
 41 L.R.A. 593. 
 
 For misconduct of pupil. 41 L.R.A. 594. 
 For absence and tardiness. .41 L.R.A. 597. 
 For connection with secret societies. 41 
 
 L.R.A. 599. 
 
 Want of proficiency. 50 L.R.A. (N.S.) 268. 
 For failure to participate in certain studies 
 
 and exercises. 41 L.R.A. 599; 50 L.R.A. 
 
 (N.S.) 267. 
 For refusal to perform manual labor. 41 
 
 L.R.A. 603. 
 For failure to pay for injury to school 
 
 property. 41 L.R.A. 603. 
 Controlling conduct of pupil after the rela- 
 tion of teacher and pupil has ceased. 
 
 41 L.R.A. 604; 50 L.R.A. (N.S.) 268. 
 Questions of pleading and practice. 41 
 
 L.R.A. 604. 
 
 lla. Tuition. 
 
 Expulsion or withdrawal from school as 
 affecting tuition fee. 5i L.R.A. 
 (N.S.) 975. 
 
 Free tuition. L.R.A.1918F, 681. 
 
 III. Teachers. 
 
 12. Generally. 
 
 Teachers a!s "employees" within meaning of* 
 Workmen's Compensation Acts. L.R.A. 
 1918F, 204. 
 
 Libel or slander by insinuation of miscon- 
 duct of teacher with pupils. 49 L.R.A. 
 (X.S.) 1033. 
 
 Privilege of communication by, or to school 
 authorities regarding conduct of pupil 
 or teacher. L.R.A.1917D, 784. 
 
 Privileged character of complaints to proper 
 authorities against school-teachers. 27 
 L.R.A. (N.S.) 1043.
 
 INDEX TO L.R.A. NOTES. 
 
 3205 
 
 SCHOOLS, III cont'd 
 
 Privilege of school superintendent or other, 
 officer in reporting to school authorities 
 upon character of teacher. 30 L.R.A. 
 (N.S.) 200. 
 
 Validity of contract restraining practice of 
 profession after expiration of term of 
 service with another. 26 L.R.A. (N.S.) 
 
 MI: 
 
 Character of occupation of premises by mas- 
 ters. 4 L.R.A. (N.S.) 714, 719, 721. 
 
 Going to another state, county, or district 
 to teach school or preach as affecting 
 a change of domicil or residence. 22 
 L.R.A.(N.S.) 996; L.R.A.1917A, 294. 
 
 13. License. 
 
 Validity of contract by unlicensed teacher. 
 
 12 L.R.A. (N.S.) 614. 
 Effect of contract by teacher without license 
 
 or certificate of qualification. 42 
 
 L.R.A.(N.S.) 412. 
 
 14. revocation of. 
 
 Interference by courts with revocation of 
 school teacher's license. 15 L.R.A. 
 (N.S.) 1148. 
 
 15. Appointment or employment of. 
 
 For period extending beyond term of trus- 
 tees. 16 L.R.A. 257. 
 
 Employment of teacher by school board 
 without formal meeting. L.R.A.1H15F, 
 1047. 
 
 Power of local school authorities to pre- 
 scribe qualifications or conditions of 
 employment of teachers, other than 
 those prescribed by statute. L.R.A. 
 1917E, 1073. 
 
 Marriage as ground for nonappointment of 
 teacher. L.R.A.1916C, 795. 
 
 Power of board to. appoint superintendents 
 or teachers for terms extending beyond 
 its own term. 29 L.R.A. (N.S.) 657. 
 
 16. Discharge of. 
 
 Mandamus to compel the reinstatement of 
 u teacher. 49 L.R.A. (N.S.) 62. 
 
 Right of taxpayer to enjoin removal of 
 teacher. 51 L.R.A. (N.S.) 336. 
 
 Marriage as ground for dismissal of teacher. 
 L.R.A.1916C, 795. 
 
 17. Wages: salary; expenditures. 
 
 Exemption of salary from claims of credit- 
 ors. 54 L.R.A. 572. 
 
 Right of school-teacher to be reimbursed 
 for money expended for school purposes 
 without precedent authority. 42 L.R.A. 
 (N.S.) 1177. 
 
 8 18. while not teaching. 
 
 Right of teacher to salary during temporary 
 interruption of school in term 
 time. 50 L.R.A. 371. 
 
 Right of school-teachers to pay during ab- 
 sence. 38 L.R.A. (N.S.) 513. 
 
 19. Pensions. 
 
 Constitutionality of Teachers' Pension Law. 
 
 L.R.A.1918A, 526. 
 Consult dint,- L.R.A. DigeHts of Cases. 
 
 SCHOOLS, III. cont'd 
 
 Power of legislature to require municipality 
 
 to pension teachers. 34 L.R.A. (N.S.) 
 
 609. 
 Vested right in pension. 50 L.R.A. (N.S.) 
 
 1021. 
 
 20. Right to enforce discipline. 
 
 Control of pupils, generally, see supra, 
 9-11. 
 
 ,. .-"1'1->)H i,. ,'>''; :<!.'.{ .f.ti % 
 
 21. right to punish pupil. 
 
 Liability for improper punishment, see in- 
 fra, 22. 
 
 Right of teacher to inflict corporal punish- 
 ment on pupil. 1 B. R. C. 718. 
 
 22. liability for personal injury to 
 pupil. 
 
 Liability for assault, see ASSAULT AND BAT- 
 TEBY, 8. 
 
 In general. 65 L.R.A. 891. 
 
 Reasonable restraint or correction. 65 
 L.R.A. 891. 
 
 Excessive restraint or correction. 65 L.R.A. 
 893. 
 
 Punishment inflicted without proper cause. 
 65 L.R.A. 897. 
 
 When cause of punishment is unknown to 
 pupil. 65 L.R.A. 897. 
 
 Reasonableness or excessiveness of punish- 
 ment is for the jury. 65 L.R.A. 
 897. 
 
 Statutes. 65 L.R.A. 899. 
 
 Homicide by excessive or improper chastise- 
 ment of pupil. 60 L.R.A. 803. ' 
 
 IV. Officers; elections. 
 
 23. Generally. 
 
 Officers of school district as public officers. 
 
 17 L.R.A. 247. 
 Right of woman to be superintendent or 
 
 other officer of. 38 L.R.A. 212. 
 Mandamus to, to compel the reinstatement 
 
 of a teacher. 49 L.R.A. (N.S.) 62. 
 Mandamus to compel issuance of diploma. 
 
 L.R.A.1916B, 616. 
 Applicability of statute of limitations to 
 
 actions by school authorities. L.R.A. 
 
 1916E, 98. 
 
 ,24. Rights and powers of officers. 
 
 Power to act as determined by place of 
 
 performance. 33 L.R.A. 86. 
 Right of school board to employ attorney. 
 
 L.R.A.1917D, 246. 
 
 When entitled to services of official at- 
 torney. L.R.A.1917D, 258. 
 Power of school authorities to purchase 
 
 text-books. 45 L.R.A. (N.S.) 972. 
 Power of trustees to hire teacher for period 
 extending beyond their own term. 16 
 L.R.A. 257. 
 
 I Power of board to appoint officer or make 
 
 contract for term extending be- 
 
 vmul its own term. 29 L.R.A. 
 
 "(N.S.) 652; L.R.A.1915E, 581. 
 
 Power to employ teacher without formal 
 
 meeting of board. L.R.A.1915F, 1047.
 
 1206 
 
 INDEX TO L.K.A. NOTES. 
 
 SCHOOLS, IV. cont'd 
 
 Power of local school authorities to pre- 
 scribe qualifications or conditions of 
 employment of teachers other than 
 those prescribed by statute. L.R.A. 
 1917E, 1073. 
 
 Right of school officer to repudiate or with- 
 draw resignation. 16 L.R.A. (N.S.) 
 1058; L.R.A.1917F, 547. 
 
 25. Inability of officers. 
 
 Personal liability to public of school officers 
 who pay out money in excess of debt 
 limit. L.R.A.1917D, 519. 
 
 Personal liability of school officers for fail- 
 ure to take bond, or for taking insuf- 
 ficient bond, from contractor, condi- 
 tioned for payment of claims of sub- 
 contractors, materialmen, and laborers. 
 49 L.R.A.(N.S.) 1200. 
 
 Personal liability of school officer on con- 
 tract in excess of his authority. 23 
 L.R.A.(N.S.) 428. 
 
 Report by superintendent, as privileged com- 
 munication. 5 L.R.A. (N.S.) 164. 
 
 Privilege of communication by, regarding 
 conduct of pupil or teacher. L.R.A. 
 1917D, 784. 
 
 Privilege of school superintendent or other 
 officer in reporting to school authorities 
 on character of teacher. 30 L.R.A. 
 (N.S.) 200. 
 
 26. Meetings; elections. 
 
 Employment of teacher by school board 
 without formal meeting. L.R.A.1915F, 
 1047. 
 
 Parol evidence to vary or supplement min- 
 utes of meeting. 50 L.R.A.(N.S.) 99. 
 
 Who may sign petition for election. 43 
 L.R.A.(N.S.) 293. 
 
 Right to vote in school election; women 
 voters. 21 L.R.A. 662. 
 
 Right of women to vote at school meetings. 
 27 L.R.A.(N.S.) 522; L.R.A.1915B, 247. 
 
 V. Districts; property; schoolhouses; 
 contracts; liabilities; indebtedness; 
 taxes. 
 
 27. Districts generally; contracts. 
 
 Estoppel of, see ESTOPPEL, I. 
 
 Parol evidence to vary or supplement rec- 
 ords of. 50 L.R.A. (N.S.) 99. 
 
 Removal for separable controversy of ac- 
 tion by school district to cancel judg- 
 ment. 5 L.R.A. (N.S.) 87. 
 
 Power of school district to employ attorney. 
 
 L.R.A.1917D, 246. 
 
 When entitled to services of official at 
 torney. L.R.A.1917D, 258. 
 
 Right of subcontractor, materialman, or 
 laborer to maintain action on contract- 
 or's bond running to school district. 
 27 L.R.A.(N.S.) 581. 
 
 Ratification by school district of unauthor- 
 ized contract. 20 L.R.A. 136; L.R.A. 
 1915A, 1023. 
 
 Right to withdraw name from petition. 11 
 L.R.A. (N.S.) 372. 
 
 SCHOOLS, V. cont'd 
 
 28. organization; boundaries. 
 
 Effect of changing boundaries of school dis- 
 trict on rights in real property. 26 
 L.R.A. (N.S.) 486. 
 
 Who may maintain quo warranto to test va- 
 lidity of organization of school dis- 
 trict. 21 L.R.A. (N.S.) 685. 
 
 Who may petition in relation to. 43 L.R.A. 
 (N.S.) 293. 
 
 29. Property; schoolhouses. 
 
 Taxation of, see infra, 35. 
 
 Sale of liquor within prohibited distance 
 
 of, see INTOXICATING LIQUORS, 27. 
 Assessment for public improvements, see 
 
 PUBLIC IMPROVEMENTS. 
 
 Power to exercise eminent domain for pur- 
 pose of school. 48 L.R.A. (N.S.) 485. 
 
 Taking school lands for other public uses. 
 48 L.R.A.(N.S.) 489. 
 
 Reverter of land conveyed for school pur- 
 poses. 44 L.R.A.(N.S.) 1220. 
 
 Mechanics' liens on schoolhouses. 35 L.R.A. 
 142; 41 L.R.A. (N.S.) 315. 
 
 Implied power of municipality to purchase 
 or build on credit. 4 L.R.'A. (N.S.) 746. 
 
 Liability of municipal corporation for tort 
 in connection with school building. 25 
 L.R.A.(N.S.) 88. 
 
 Police power of municipal corporation over 
 school building within its limits. 47 
 L.R.A. (N.S.) 892. 
 
 Statutory restrictions as to site of school 
 buildings. 43 L.R.A.(N.S.) 1024. 
 
 Power of state or municipality to forbid 
 location of places of amusement near. 
 L.R.A.1916D, 99. 
 
 30. use of. 
 
 Use of buildings for private purpose. 33 
 
 L.R.A. 118. 
 
 Effect of language in grant specifying or 
 restricting the use of property for 
 school purposes. 19 L.R.A. 265. 
 Use of public school building or other school 
 property for other than school 
 purposes. 31 L.R.A. (N.S.) 588; 50 
 L.R.A.(N.S.) 1182. 
 
 Sale of books or other school supplies upon 
 school property or by persons connected 
 with schools. L.R.A.1915C, 624. 
 
 31. Liabilities. 
 
 Applicability to school districts of Work- 
 men's Compensation Acts. L.R.A. 
 1918F, 190. 
 
 Liability of school district or school cor- 
 poration for tort. 49 L.R.A. (N.S.) 
 1026. 
 
 Liability for negligence. 37 L.R.A. 301 j 
 49 L.R.A. (N.S.) 1026. 
 
 32. Indebtedness. 
 
 Liability of district on paper executed by 
 school district. 21 L.R.A. (N.S.) 1078. 
 
 Liability of territory annexed to school dis- 
 trict to pav proportionate share of ex- 
 isting debts. 27 L.R.A. (N.S.) 1147.' 
 
 Holders as necessary parties to proceedings 
 to invalidate moneyed obligations of 
 school district. 3 'L.R.A. i N.S. ) 256. 
 
 Begin icith this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1207 
 
 SCHOOLS, V. cont'd 
 
 When limitations begin to run against ac- 
 tion on obligations of school district 
 payable out of particular fund. 30 
 L.R.A.(N.S.) 478. 
 
 33. limitation of. 
 
 Maintenance of school as necessity which 
 will justify school district in exceed- 
 ing debt limit. 27 L.R.A. (N.S.) 891. 
 
 Personal liability to public of school officers 
 who pay out money in excess of debt 
 limit. L.R.A.1917D, 519. 
 
 34. bonds. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin issuance or payment of school 
 bonds. 36 L.R.A. (N.S.) 7. 
 
 Liability of, for its bonds stolen from it. 
 39 L.R.A. (N.S.) 446. 
 
 35. Taxes. 
 
 Exemption of property of, from local assess- 
 ments, see PUBLIC IMPROVEMENTS, 
 23. 
 
 Exemption from taxation, see TAXES, 24- 
 26. 
 
 Right to extend tax over territory added to 
 school district after tax voted. 39 
 L.R.A.(N.S.) 601. 
 
 VI. Text-books; instruction; school 
 money. 
 
 36. Adoption of text-books for pub- 
 lic schools. 
 
 Generally. 36 L.R.A. 277. 
 
 Right to select, generally. 36 L.R.A. 277. 
 
 Validity of selection. 36 L.R.A. 277. 
 
 Enforcing use of book. 36 L.R.A. 277. 
 
 Rights of parent. 36 L.R.A. 278. 
 
 Attack on action of school board. 36 
 L.R.A. 278. 
 
 Period of designation. 36 L.R.A. 278. 
 
 Effect of rules of school board. 36 L.R.A. 
 278. 
 
 Interpretation of statutes. 36 L.R.A. 279. 
 
 Power of school authorities to purchase 
 text-books. 45 L.R.A. (N.S.) 972. 
 
 Who may complain of noncompliance with 
 statute in adopting or changing text- 
 books in scnools. 19 L.R.A. (N.S.) 
 1003. 
 
 36a. Subjects of instruction gener- 
 ally. 
 
 Power of legislature to prescribe subjects 
 to be taught in public schools. 47 
 L.R.A. (N.S.) 200. 
 
 Statutory power of local authorities to 
 maintain teachers' training department 
 in school. 52 L.R.A. (N.S,) 363. 
 
 37. Religious instruction. 
 
 Religious exercises or instruction in public 
 schools. 16 L.R.A. (N.S.) 860; L.R.A. 
 1915D, 941. 
 
 Conducting public school in sectarian build- 
 ing. L.R.A.1917D, 462. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SCHOOLS, VI. cont'd 
 38. School moneys. 
 
 Use of public money for schools. 14 L.R.A. 
 474. 
 
 Power to use public school moneys in sup- 
 port of other educational institu- 
 tions. 15 L.R.A. 825. 
 
 Use of public money for support or educa- 
 tion of children committed to sectarian 
 schools. L.R.A.1918B, 210. 
 
 Right to use school money for transporta- 
 tion of pupils. 38 L.R.A.(N.S.) 710; 
 50 L.R.A.(N.S.) 428. 
 
 Use of common school funds for normal 
 school or teacher's training school. 20 
 L.R.A. (N.S.) 1033. 
 
 Appropriations for sectarian school. 14 
 L.R.A. 418. 
 
 Right to recover back public money appro- 
 priated to sectarian institutions. 19 
 L.R.A.(N.S.) 171. 
 
 SCHOOL SUPPLIES. 
 
 Sale of, upon school property or by per- 
 sons connected with schools. L.R.A. 
 1915C, 624. 
 
 SCIENCE. 
 
 Power of court to disregard testimony be- 
 cause contrary to scientific principles. 
 7 L.R.A. ( N.S'.) 357; 15 L.R.A. (N.S.) 
 701; 28 L.R.A.(N.S.) 648; L.R.A. 
 1916D, 301. 
 
 SCIENTEB. 
 
 See ANIMALS, II. d. 
 
 SCIENTIFIC BOOKS. 
 
 Admissibility in evidence, sec EVIDENCE, 
 
 146. 
 Use of, by counsel in arguing to jury. L.R.A. 
 
 191SD, 81. 
 
 SCIENTIFIC FACTS. 
 
 What knowledge of is imputed to servants. 
 
 44 L.R.A. 75. 
 What knowledge of imputed to employer. 
 
 41 L.R.A. 56. 
 
 SCIRE FACIAS. 
 
 Of judgment, see JUDGMENT, VII. a. 
 
 Scire facias to -fix amount of mechanics' 
 lien after judicial sale of property un- 
 der prior or contemporaneous lien. 47 
 L.R.A. (N.S.) 707.
 
 1208 
 
 INDEX TO L.R.A. NOTES. 
 
 SCIRE FACIAS cont'd 
 
 When may local venue be disregarded upon 
 the ground that the proceedings is an- 
 cillary or incidental, in case of scire 
 facias against bail. L.R.A. 1916D. 1133. 
 
 Right of garnishee on scire facias upon 
 judgment against him to attack judg- 
 ment against principal defendant for 
 lack of jurisdiction. 51 L.R.A. (X.S.) 
 600. 
 
 SCOPE OF EMPLOYMENT. 
 
 Master's liability for injuries received in 
 performing duties outside of, see MAS- 
 TER AND SERVANT, 69. 
 
 Servant's assumption of risks outside of, 
 see MASTER AND SERVANT, 116. 
 
 Contributory negligence of servant perform- 
 ing duties outside of, see MASTER AND 
 SERVANT, 131. 
 
 Servants working outside of. as fellow serv- 
 ants, see MASTER AND SERVANT. 140. 
 
 Master's liability for acts of servant out- 
 side of, see MASTER AND SERVANT, 
 181-184. 
 
 When injury to servant arises out of and in 
 the course of his employment within 
 meaning of Workmen's Compensation 
 Act, see WORKMEN'S COMPENSATION, 
 9. 
 
 SCREEN DOORS. 
 
 See SCREENS, 2. 
 
 SCREENS. 
 
 1. Generally. 
 
 In barroom; ordinance as to. 24 L.R.A. 
 
 768. 
 
 As fixtures. 30 L.R.A. (X.S.) 1189. 
 Effect of temporary screening of bar during 
 
 prohibited 
 136. 
 
 hours. 21 L.R.A. (X.S.) 
 
 2. Screen doors. 
 
 Burglary by forcing. 17 L.R.A. (X.S.) 1100: 
 38 L.R.A. (X.S.) 770. 
 
 SCREWS. 
 
 Master's liability for injury to servant from 
 projecting screws, see MASTER AND 
 SERVANT, 89. 
 
 SCRIVENER. 
 
 SCRUPLES. 
 
 Disqualifying grand juror. 28 L.R.A. 202. 
 
 SCURRILOUS MATTER. 
 
 Sending through the mail, see POSTOFFICE, 
 11. 
 
 SCURVY. 
 
 Duty towards seamen to provide against. 
 '28 L.R.A. 555. 
 
 SEA. 
 
 Jurisdiction over, see WATERS, 4. 
 
 Title to land under tidewater. 42 L.R.A. 
 161. 
 
 Provision exempting carrier from liability 
 for accidents or damages of the sea, 
 transportation, etc., as extending to 
 loss caused bv negligence. 6 B. R. C. 
 129. 
 
 Competency of, to testify to his own or tes 
 tator's intention. 38 L.R.A. (X.S.) 91 
 Begin trith this ftoofc on every lair question. 
 
 SEAL. 
 
 1. Generally. 
 
 Effect of writ or process issued without, see 
 WRIT AND PROCESS, 4. 
 
 Relief from omission of seal. 28 L.R.A. 
 (X.S.) 839. 
 
 Situs of debts by specialty. 24 L.R.A. 687. 
 
 Liability of heirs on specialty debt of an- 
 cestor. 21 L.R.A. 90. 
 
 In assignment of lease. 15 L.R.A. 754. 
 
 On writ of venire for grand jury. 27 L.R.A. 
 779. 
 
 Action by third persons on contracts under. 
 25 L.R.A. 273. 
 
 Undelivered sealed instrument as a gift. 
 21 L.R.A. 694. 
 
 Right in action at law to attack release 
 under seal for fraud. 20 L.R.A. ( X.S. > 
 915. 
 
 Effect of release under seal of one joint 
 tort feasor on liability of other. 58 
 L.R.A. 293; L.R.A.1918F, 363. 
 
 Xecessity of, to make agreement to con- 
 tribute to cost of party wall enforceable 
 bv or against grantees or successors in 
 title. 66 L.R.A. 693. 
 
 To certifv copies of records for use in other 
 state. 5 L.R.A.(N.S.) 969. 
 
 Effect of writ or process issued without seal 
 of the court. 20 L.R.A. 424. 
 
 Failure of copy of writ or process delivered 
 to person served to indicate that the 
 original is sealed. L.R.A.1917C, 154. 
 
 Personal liability of one who signs sealed 
 instrument by adding words indicating 
 representative capacity to his signature. 
 41 L.R.A. (X.S.) 11.
 
 INDEX TO L.R.A. NOTES. 
 
 1209 
 
 SEAL cont'd 
 
 Seal of will as a signing. L.R.A.1915D, 906. 
 
 Necessity of seal on transfer of reversion of 
 leased premises. L.R.A. 19 15C, 198. 
 
 Necessity for seal on lease to enable trans- 
 feree of reversion to sue on covenants 
 therein. L.R.A.1915C, 215. 
 
 Effect of affixing corporate seal to contract 
 to estop public corporation to deny 
 validity of contract. L.R.A.1915A, 
 1007. 
 
 Effect of seal on necessity of new considera- 
 tion to bind third person who signs as 
 surety, indorser, or guarantor after 
 execution and delivery of original con- 
 tract by principal. 44 L.R.A. (N.S.) 
 481; L.R.A.1918E, 579. 
 
 2. On commercial paper. 
 
 Note under seal as payment of indebtedness. 
 35 L.R.A.(N.S.) 109. 
 
 Bond or sealed note as subject of gift. 26 
 L.R.A. 308. 
 
 As affecting negotiability. 35 L.R.A. (505. 
 
 Personal liability of officers on notes made 
 under seal of corporation. 19 L.R.A. 
 679. 
 
 Effect of reference to principal in seal on 
 his liability on negotiable paper exe- 
 cuted by agent. 21 L.R.A. (N.S.) 1046. 
 
 Power of one partner to bind firm by prom- 
 issory note or bill of exchange under 
 seal/ 17 L.R.A. (N.S.) 969. 
 
 Effect of putting sealed note indorsed in 
 blank into another's possession to estop 
 owner as against purchaser in good 
 faith. 29 L.R.A. (N.S.) 257. 
 
 SEALS. 
 
 Forfeiture of personal property used in 
 violation of regulations as to catching 
 seals. L.R.A.1916F, 917. 
 
 SEALED NOTE. 
 
 See SEAL, 2. 
 
 SEALED VERDICT. 
 
 Correction of, see TRIAL, 85. 
 
 SEAMEN. 
 
 1. Generally. 
 
 Soldiers' a'hd seamen's wills. 4 B. R. C. 
 899. 
 
 Jurisdiction and powers of consul with re- 
 spect to. 45 L.R.A. 486, 488, 493. 
 
 Admiralty jurisdiction of contracts for serv- 
 ices of. 66 L.R.A. 226. 
 
 Maritime lieu under contracts with. 70 
 L.R.A. 377. 
 
 Conntdt also L.R.A. Digests of Cases. 
 
 SEAMEN cont'd 
 
 Duty of obedience to master. 24 L.R.A. 
 
 (N.S.) 821. 
 Presumption as to time of alteration in 
 
 shipping articles. 39 L.R.A. (N.S.) 108. 
 Rights of seamen as salvors. 64 L.R.A. 
 
 193. 
 Whose servants are the crew of a chartered 
 
 vessel. 37 L.R.A. 54. 
 Effect on, of imprisonment of seaman. 
 
 L.R.A.1917F, 628. 
 
 2. Wages; compensation. 
 
 Exemption of wages of. 18 L.R.A. 310. 
 Assignment or mortgage of future earnings 
 
 of. 14 L.R.A. 127. 
 Recoverv of future wages after wrongful 
 
 discharge. 5 L.R.A. (N.S.) 456. 
 Maritime lien for. 70 L.R.A. 364. 
 Admiralty jurisdiction of suit for wages 
 
 of. 66 L.R.A. 201. 
 Partnership of, by sharing profits in place 
 
 of other compensation. 18 L.R.A. ( N.S. ) 
 
 1031. 
 Compensation in nature of salvage. 64 
 
 L.R.A. 200. 
 Effect of forfeiture of ship used in violation 
 
 of law on liens of seamen. L.R.A. 
 
 1916E, 347. 
 
 3. Injury to. 
 
 May substantive law of state be invoked in 
 an action for personal injuries, not re- 
 sulting in death, on waters within the 
 maritime jurisdiction. L.R.A.1917F, 
 678. 
 
 Application to seamen of workmen's com- 
 pensation acts. L.R.A.1916A, 103, 
 111, 120; L.R.A.1918C, 474. 
 
 Applicability of Federal Employer's Liabil- 
 ity Act to injuries to seamen. L.R.A. 
 1918C, 474. 
 
 Liability of owners of vessel for acts of 
 master towards crew. 27 L.R.A. 183. 
 
 As fellow servants. 50 L.R.A. 438. 
 
 Who are fellow servants in ship crews, apart 
 from statute, where no questions as to 
 vice principalship arise. 50 L.R.A. 
 438. 
 
 Liability of shipper of goods to seamen and 
 stevedore. 46 L.R.A. 104. 
 
 Liability of master for assault by officers 
 on, in way of discipline. 8 L.R.A. (N.S.) 
 798. 
 
 Reliance on orders as affecting contributory 
 negligence of. 17 L.R.A. 606. 
 
 4. Duty toward sick or injured sea- 
 men. 
 
 Duty to furnish medical aid to. 28 L.R.A. 
 'r>49; 4 L.R.A.(N.S.) 49. 
 
 Duty and obligation of vessel on inland 
 lake or river in respect of sick or in- 
 jured member of crew. 35 L.R.A. (N.S.) 
 199. 
 
 SEARCH AND SEIZURE. 
 
 As to search of title, see ABSTRACTS. 
 Seizure under execution or attachment, see 
 LEVY AND SEIZURE.
 
 1210 
 
 INDEX TO L.R.A. NOTES. 
 
 SEARCH AND SEIZURE cont'd 
 
 Seizure of property as a condition of an ac- 
 tion for the malicious prosecution of a 
 civil action. L.R.A.1918D, 550. 
 
 Damages recoverable for wrongful search. 
 50 L.R.A.(N.S.) 1151. 
 
 Seizure and production of papers. 29 L.R.A. 
 819. 
 
 To compel one to furnish evidence against 
 himself. 29 L.R.A. 818. 
 
 Gambling device as property within con- 
 stitutional protection against. 12 
 L.R.A.(N.S.) 394. 
 
 Right of officer, in executing criminal proc- 
 ess, to take possession of evidentiary 
 articles. 18 L.R.A. (N.S.) 253; L.R.A. 
 1916C, 1017. 
 
 Right to seize for purposes of evidence prop- 
 erty of one person under a warrant 
 
 : of arrest against another. L.R.A. 
 1915E, 399. 
 
 Admissibility in evidence against defend- 
 ant of documents or articles taken from 
 him. 59 L.R.A. 466; 8 L.R.A. (N.S.) 
 762; 34 L.R.A. (N.S.) 58; L.R.A.1915B, 
 834; L.R.A.1916E, 715. 
 
 Power to seize gambling devices in absence 
 of charge of violation of laws against 
 gambling. L.R.A.1915A, 233. 
 
 Search warrant without an affidavit or com- 
 plaint. 28 L.R.A. (N.S.) 548. 
 
 To what extent may premises be damaged in 
 executing search warrant.. 22 L.R.A. 
 (N.S.) 819. 
 
 Malicious prosecution for wrongful search 
 of premises. 39 L.R.A.(N.S.) 205. 
 
 Right to compel public employee to submit 
 to physical examination to determine 
 fitness. 33 L.R.A. (N.S.) 259. 
 
 Constitutionality of statute authorizing 
 seizure of animals bv humane officers. 
 ]5 L.R.A.(N.S.) 554. 
 
 Trial of right to property in proceedings 
 instituted by search warrant. 46 
 L.R.A. (N.S.) "970. 
 
 Liability of officer executing invalid search 
 warrant. 49 L.R.A. (X.S.) 770. 
 
 See SHORE. 
 
 SEASHORE. 
 
 SEAT. 
 
 Right of passenger to, see CARRIERS, 41. 
 In exchange, see EXCHANGES, 2. 
 
 SECESSION. 
 
 Admissibility in evidence of copies of rec- 
 ords of seceding states. 5 L.R.A. (N.S.) 
 954. 
 
 Right to property of local branch of benefit 
 society in event of secession or at- 
 tempted secession. 47 L.R.A. (N.S.) 
 927. 
 
 Beqin ivith this &oofc on every law question. 
 
 SECOND APPEAL. 
 
 To Federal Supreme Court. 66 L.R.A. 870. 
 
 SECONDARY EVIDENCE. 
 
 See EVIDENCE, IV. 
 
 SECONDARY LIABILITY. 
 
 Liability over, of person secondarily liable, 
 see INDEMNITY, 2-4. 
 
 SECOND-HAND GOODS. 
 
 As to junk dealers, see JUNK. 
 License for dealing in, see LICENSE, 31. 
 Municipal regulation of dealings in, see 
 MUNICIPAL CORPORATIONS, 48. 
 
 Warranty upon sale of. L.R.A.1915B, 477. 
 
 Constitutionality of statute making the re- 
 ceiving of certain kinds of property a 
 criminal offense. L.R.A.1917F, 709.* 
 
 SECOND MARRIAGE. 
 
 Effect of, on right to alimony, see DIVORCE 
 AND SEPARATION, 47. 
 
 SECOND OFFENSE. 
 
 Increased punishment for, see CRIMINAL 
 LAW, 83. 
 
 SECRECY. 
 
 Voluntariness of confession induced by 
 promise of. 18 L.R.A. (N.S.) 821. 
 
 Of ballot at primary election. 22 L.R.A. 
 (N.S.) 1145; L.R.A.1917A, 264. 
 
 SECRET ADVANTAGE. 
 
 Effect of giving to one creditor on composi- 
 tion with creditors, see COMPOSITION 
 WITH CREDITORS, 2. 
 
 Effect of secret advantage to one of several 
 joint purchasers. 43 L.R.A. (X.S.) 934. 
 
 SECRET AGREEMENT. 
 
 Secret agreement for reservation of surplus 
 on assignment of chose in action as 
 security as a fraud on other creditors. 
 
 36 L.R!A.(N.S.) 372.
 
 INDEX TO L.R.A. NOTES. 
 
 1211 
 
 SECRETARY. 
 
 Time for which contract of employment may 
 be made for corporation by. 49 L.R.A. 
 473. 
 
 Authority of, to contract for services of 
 other persons. L.R.A.1918F, 59. 
 
 SECRETARY OF INTERIOR. 
 
 Collusiveness of the decisions or findings 
 of. L.R.A.1918D, 597. 
 
 Power of courts to enforce ministerial duties 
 of. 52 L.R.A.(N.S.) 435. 
 
 Mandamus against, to compel restoration to 
 office of one who has been illegally re- 
 moved. 19 L.R.A. (N.S.) 52. 
 
 Rules of, as to cutting of timber on mineral 
 lands. 70 L.R.A. 905. 
 
 Character and extent of relief by mandamus 
 against. 7 L.R.A. (N.S.) 527. 
 
 SECRETARY OF NAVY. 
 
 Power of courts to enforce ministerial 
 duties of. 52 L.R.A. (N.S.) 436. 
 
 Mandamus against to compel restoration to 
 oflice of one who has been illegally 
 removed. 19 L.R.A. (N.S.) 52. 
 
 SECRETARY OF WAR. 
 
 Power of court to enforce ministerial duties 
 of. 52 L.R.A.(N.S.) 435, 436. 
 
 Mandamus against, to compel restoration 
 to office of one who has been illegally 
 removed. 19 L.R.A. (N.S.) 52. . 
 
 SECRETARY OF TREASURY. 
 
 Power of courts to enforce ministerial 
 duties of. 52 L.R.A. (N.S.) 436, 441. 
 
 SECRETARY OF WAR. 
 
 Power of courts to enforce ministerial 
 duties of. 52 L.R.A. (N.S.) 436. 
 
 SECRET BONUS. 
 
 To officer of director of corporation as af- 
 fecting right to enforce contract against 
 corporation. 7 L.R.A. (N.S.) 467. 
 
 Liability of one part}' to a contract or 
 transaction to the other because of 
 bonus allowed by the former to the 
 latter's agent. 49 L.R.A. (X.S.) 101. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SECRET CRIME. 
 
 Homicide in attempting to prevent. 67 
 L.R.A. 536. 
 
 SECRET DEALINGS. 
 
 Of real estate broker as affecting commis- 
 sions. 45 L.R.A. 33. 
 
 4* 
 
 SECRETION. 
 
 Of property as ground for attachment. 30 
 L.R.A. 473. 
 
 SECRET PARTNERSHIP. 
 
 By agreement to share profits. 
 (N.S.) 1082. 
 
 18 L.R.A. 
 
 SECRET PROCESS. 
 
 Restraint of trade in. 22 L.R.A. 674. 
 
 Validity of contract to control price of re- 
 sale of goods produced by secret proc- 
 ess. 27 L.R.A.(N.S.) 402; 51 L.R.A. 
 (N.S.) 522. 
 
 SECRET PROFITS. 
 
 Liability of corporate promoter for. 18 
 L.R.A.(N.S.) 1110. 
 
 Right of principal to retain property pur- 
 chased through agent secretly interest- 
 ed therein and seek relief from agent. 
 34 L.R.A.(N.S.) 1210. 
 
 Duty of municipal officer to account for 
 profits made in transaction with 
 municipality. 48 L.R.A.(N.S.) 842. 
 
 Effect of secret advantage to one member 
 of joint adventure. 50 L.R.A. (N.S.) 
 1046. 
 
 Liability of one party to a contract or 
 transaction to the other because of a 
 bonus or commission allowed by the for- 
 mer to the latter's agent. 49 L.R.A. 
 (N.S.) 101. 
 
 Right of broker held to account for secret 
 profit to retain commission. 5 B. R. C. 
 188. 
 
 SECRET RETURN. 
 
 Sufficiency and effect of secret return to 
 state by defendant to start limitations 
 running. 23 L.R.A. (N.S.) 551.
 
 1212 
 
 INDEX TO L.R.A. NOTES. 
 
 SECRETS. 
 
 Injunction against violation of, see INJUNC- 
 TION, 72. 
 
 Secret process, see SECRET PROCESS. 
 Secret profits, see SECRET PROFITS. 
 
 Property in. 13 L.R.A. 652. 
 
 Validity of contracts relating to. 13 L.R.A. 
 
 652. 
 Protection of trade secrets. 12 L.R.A. 
 
 (N.S.) 102; 20 L.R.A.(N.S.) 933; 44 
 
 L.R.A.(N.S.) 1160. 
 Restraint of trade in secret process. 22 
 
 L.R.A. 674. 
 
 SECRET SOCIETIES. 
 
 Forbidding students' affiliation with. 7 
 L.R.A.(N.S.) 352; L.R.A.1915D, 588. 
 
 Right to prohibit wearing badge of society 
 by nonmeraber. 24 L.R.A. (N.S.) 795. 
 
 Liability of benevolent or fraternal society 
 for injury to person during initiation 
 or expulsion. 13 L.R.A. (X.S.) 314; 
 L.R.A.1917C, 476. 
 
 SECRET TRUST. 
 
 See TRUST, 8. 
 
 SECTARIAN BUILDING. 
 
 Conducting public school in. L.R.A.1917D, 
 462. 
 
 SECTARIAN INSTITUTIONS. 
 
 Public aid to. 14 L.R.A. 418. 
 
 Right to recover back public money appro- 
 priated to. 19 L.R.A. (N.S.) 171. 
 
 Use of public money for support or educa- 
 tion of children committed to sectarian 
 schools. L.R.A.1918B, 210. 
 
 SECTION. 
 
 Deficiency in quantity of property described 
 as a section or fraction of a section as 
 breach of a covenant. 36 L.R.A. (X.S.) 
 558. 
 
 SECTION FOREMAN. 
 
 As fellow servant of members of crew with 
 respect to operation of hand car. 20 
 L.R.A. (X.S.) 434. 
 
 SECTION GANG. 
 
 Work of, as connected "with use and opera- 
 tion" of railroad within meaning of 
 fellow-servant statute. 6 L.R.A. (X.S.) 
 452. 
 
 Members of, as fellow servant*. 52 L.R.A. 
 (X.S.) 1101. 
 
 SECULAR BUSINESS. 
 
 Effect of use of property of charitable, edu- 
 cational or religious institution in secu- 
 lar business on right to exemption from 
 taxation, see TAXES, 26. 
 
 SECURITIES. 
 
 Power and duty of public authorities to 
 control the issuance of securities by 
 public service corporations. 45 L.R.A. 
 (N.S.) 629. 
 
 Constitutionality of Blue Sky Laws. 
 L.R.A.1917F, 524. 
 
 SECURITY. 
 
 On appeal, see APPEAL AND ERROR, 16, 
 17, 46. 
 
 As to bonds, see BONDS. 
 
 For costs, see COSTS AND FEES, 5. 
 
 Loss of lien by giving, see LIENS, 20. 
 
 Collateral security, see PLEDGE AND COL- 
 LATERAL SECURITY. 
 
 Specific performance of contract to give, see 
 SPECIFIC PERFORMANCE. 7. 
 
 Statements as to, as a fraxid. 35 L.R.A. 
 424. 
 
 Specific performance of contract to give. 
 6 L.R.A.(N.S.) 585. 
 
 Right to require legatee of life interest in 
 money or its equivalent to give security 
 for benefit of remaindermen. 23 L.R.A. 
 (N.S.) 716. 
 
 Waiver of attorney's lien by taking. 2 
 B. R. C. 58. 
 
 Permitting conveyance to attorney of sub- 
 ject-matter of litigation or retainer to 
 stand as security for his advances and 
 fees. 23 L.R.A.*(X.S.) 689. 
 
 Right of public service corporation to exact 
 security of consumer. 31 L.R.A. (X.S.) 
 319. 
 
 Bcyin with tJiis booh on every law question. 
 
 SEDITION. 
 
 Libel or slander by imputing sedition or dis- 
 loyalty. L.R.A.1917D. 861. 
 
 Exclusion of seditious matter from the 
 mails under the K-i ' ma<;e Act. 
 L.R.A.1938C, 89.
 
 INDEX TO L.R.A. NOTES. 
 
 SEDUCTION. 
 
 I. In general, 1. 
 II. Civil liability, 2-5. 
 III. Criminal liability, 
 
 I. In general. 
 
 0, 7. 
 
 1. Generally. 
 
 Presumption and burden of proof as to 
 chastity, see EVIDENCE, 25. 
 
 Eight of action for, as asset in bankruptcy. 
 43 L.R.A.(N.S.) 942. 
 
 Assault to prevent seduction of wife in fu- 
 ture. 18 L.R.A.(N.S.) 688. 
 
 Eight to avoid marriage entered into to 
 escape prosecution for seduction, upon 
 ground of duress. 16 L.E.A.(N.S.) 938. 
 
 Admissibility of declarations of parents or 
 putative parents as to paternity or ma- 
 ternity of child. 6 B. R. C. 858. 
 
 //. Civil liability. 
 
 2. Generally. 
 
 Measure of damages for, see DAMAGES, 
 50a. 
 
 Judgment in action for seduction as bar to 
 action for breach of promise. L.R.A. 
 1918A, 366. 
 
 Seduction of divorced woman or widow. 
 21 L.R.A. (N.S.) 265; L.R.A.1916D, 458. 
 
 Effect of fact that intercourse was accom- 
 plished by force to defeat action for se- 
 duction. '18 L.R.A. (N.S.) 587. 
 
 Promise of marriage conditioned on preg- 
 nancy. 51 L.R.A.(N.S.) 809. 
 
 3. Who may sue for. 
 
 Who is real party in interest by whom ac- 
 tion must be brought. 64 L.R.A. 622. 
 
 Right to maintain action for seduction of 
 fiancee. 50 L.R.A. (N.S.) 142. 
 
 Evidence of plaintiff's character in action 
 for. 14 L.R.A.(N.S.) 752. 
 
 4 . parent of female. 
 
 Right of one in toco parentis to maintain 
 
 action for seduction of an illegitimate. 
 
 35 L.R.A. (N.S.) 1062. 
 Evidence of character of parent or child in 
 
 parent's action for. 14 L.E.A. (N.S.) 
 
 750. 
 
 5. Loss of service as element In ac- 
 tion by father. 
 
 General rules. 14 L.R.A. 700. 
 
 Law as administered in England. 14 L.R.A. 
 
 700. 
 American rule of constructive service. 14 
 
 L.R.A. 701. 
 
 Actual service. 14 L.R.A. 702. 
 Relinquishment of right to service. 14 i 
 
 L.R.A. 702. 
 Necessity that relation exist at time of 
 
 seduction. 14 L.R.A. 703. 
 Where child is of full age. 14 L.R.A. 704. 
 What impairment of serving power must 
 
 be shown. 14 L.R.A. 705. 
 Construction of statutes. 14 L.R.A. 707. 
 Consult also L.R.A. Digest* of Cases. 
 
 SEDUCTION, II cont'd 
 Action for seduction independently of loss 
 of services. L.R.A.1917E, 758. 
 
 III. Criminal liability. 
 
 6. Generally. 
 
 Former jeopardy in case of. L.R.A.1915A, 
 256. 
 
 Effect of defendant's mistake as to age of 
 girl. 25 L.R.A. (N.S.) 661. 
 
 Criminal liability of children for. 36 
 L.R.A. 208. 
 
 Evidence of other crimes in prosecution for. 
 62 L.R.A. 329. 
 
 Evidence of specific instances to prove char- 
 acter for chastity in prosecution for. 
 14 L.R.A.(N.S.) 727; L.R.A.1916B, 
 967. 
 
 Right of one to testify as to his intent. 
 23 L.R.A. (N.S.) 391. 
 
 Impeachment of character of prosecutrix 
 for chastity by proof of prior acts of 
 intercourse with defendant. 30 L.R.A. 
 (N.S.) 173-. 
 
 Competency of wife as witness in prosecu- 
 tion of husband for her seduction prior 
 to marriage. 45 L.R.A.(N.S.) 396. 
 
 Letters identified only by prosecutrix as 
 corroboration of her testimony to prove 
 seduction. 49 L.R.A. (N.S.) 1198. 
 
 Necessity and sufficiency of description of 
 offense in bail bond or recognizance. 38 
 L.R.A. (N.S.) 313. 
 
 Promise of marriage conditioned on preg- 
 nancy. 51 L.R.A.(N.S.) 809. 
 
 7. Offer of marriage as defense. 
 
 In general. 29 L.R.A. (N.S.) 421. 
 Statutes specifically relating to offer of 
 
 marriage as defense. 29 L.R.A. 
 
 (N.S.) 422. 
 
 SEED GRAIN. 
 
 Validity of statute providing for supply of, 
 by 'government. 7 L.R.A. (N.S.) il96. 
 
 SEEDING TIME. 
 
 Injunction to prevent interference with land 
 during. L.R.A.1918B, 413. 
 
 SEEDS. 
 
 Warranty on sale of, see SALE, 36. 
 See also SEED GRAIN. 
 
 Liability of vendor of seeds. 37 L.R.A. 
 (N.S.) 79. 
 
 SEEPAGE. 
 
 See WATERS, 71.
 
 1214 
 
 INDEX TO L.R.A. NOTES. 
 
 SEGREGATION. 
 
 As to race segregation, see RACE SEGREGA- 
 TION. 
 
 SEISIN. 
 
 Covenant of, see COVENANTS, 
 27. 
 
 8, 9, 26, 
 
 Effect on easement of unity of seisin of 
 
 dominant and servient estate. 
 C. 477. 
 
 1 B. R. 
 
 SEIZURE. 
 
 Of property in custody of law, see CUSTODY 
 
 OF LAW, 2, 3. 
 Of intoxicating liquors, see INTOXICATING 
 
 LIQUORS, 34. 
 See also LEVY AND SEIZURE; SEARCH AND 
 
 SEIZURE. 
 
 SELECTION. 
 
 Of exempt property, see EXEMPTIONS, 2a. 
 
 Of jury, see JURY, III. 
 
 Master's duty as to selection of servants, 
 
 see MASTER AND SERVANT, 104-106. 
 Of officers, see OFFICERS, II. 
 Of goods sold out of larger lot, see SALE, 
 
 13. 
 
 Of child's right in parent's homestead. 56 
 L.R.A. 48. 
 
 Validity of provision in carrier's contract 
 imposing responsibilitv for selecting 
 cars on shipper. 36 L*R.A. (N.S.) 412.' 
 
 Sufficiency of description in land contract 
 which gives right to select particular 
 tract to be conveyed. 34 L.R.A. (N.S.) 
 147. 
 
 Of beneficiaries of charity by trustees. 14 
 
 L.R.A.(N.S.) 
 1017. 
 
 130; 37 L.R.A. (N.S.) 
 
 SELECTIVE SERVICE ACT. 
 
 See COMPULSORY MILITARY SERVICE. 
 
 SELF-DEFENSE cont'd 
 
 Presumption and burden of proof as to self- 
 defense or justification in a civil ac- 
 tion for intentional killing of another. 
 L.R.A.1938A, 359. 
 
 SELF-EXECUTING PROVISIONS. 
 
 In constitution, see CONSTITUTIONAL LAW, 
 6. 
 
 Self-executing provisions in insurance poli- 
 cies forbidding use of intoxicating li- 
 quor. 15 L.R.A.(N.S.) 211. 
 
 SELF-GOVERNMENT. 
 
 See CONSTITUTIONAL LAW, 21. 
 
 SELF-INCRIMINATION. 
 
 See CRIMINAL LAW, 49-53. 
 
 SELF-INFLICTED INJURIES. 
 
 As accident within insurance policy. 30 
 L.R.A. 207. 
 
 SELLING PRICE. 
 
 False statement as to selling price of prop- 
 
 erty. 35 L.R.A. (N.S.) 
 1916F, 782. 
 
 175; L.R.A. 
 
 SENATOR. 
 
 United States senator, see UNITED STATES- 
 SENATORS. 
 
 SENATORIAL DISTRICTS. 
 
 Effect of ordinance of 3787 upon apportion- 
 ment of state into senatorial and as- 
 sembly districts. 52 L.R.A. (N.S.) 311. 
 
 SELECT SCHOOLS. 
 
 Use of public school building for. 31 L.R.A. 
 (N.S.) 592. 
 
 SENILE DEMENTIA. 
 
 As affecting testamentarv capacity. 27 
 SELF-CRIMINATION. L.R.A. (N.S.) 89; L.R.A.1915A,' 462. 
 
 See CRIMINAL LAW, 49-53. 
 
 *'* SENILITY. 
 
 SELF-DEFENSE. As defenge to prose cution for rape or as- 
 
 In general, see ASSAULT, 4a; HOMICIDE, sault with intent to commit rape. 
 
 27-30. L.R.A.1915B, 131. 
 
 Begin u-ith this Itoolc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1215 
 
 SENIOR. 
 
 Effect of use of term in connection with 
 name. 14 L.R.A. 691. 
 
 SENTENCE. 
 
 For crime, see CRIMINAL LAW, VT. 
 
 SENTIMENTAL VALUE. 
 
 As measure of damages for loss of conver- 
 sion of or injury to household goods or 
 wearing apparel. L.R.A.1917D, 505. 
 
 SEPARABLE CONTROVERSY. 
 
 Removal of, see REMOVAL OF CAUSES, 9. 
 
 SEPARATE COACH LAW. 
 
 See CABRIERS, 43. 
 
 SEPARATE COMPARTMENT. 
 
 On train, see CARRIERS, 43. 
 
 SEPARATE ESTATE. 
 
 Of married woman, see HUSBAND AND WIFE, 
 33-37. 
 
 SEPARATE MAINTENANCE. 
 
 See DIVORCE .AND SEPARATION. 
 
 SEPARATE PROPERTY. 
 
 See HUSBAND AND WIFE, 33-37. 
 
 SEPARATE SCHOOLS. 
 
 For colored children, see SCHOOLS, 7. 
 
 SEPARATE TRIALS. 
 
 Constitutionality of provision for separate 
 trial of different issues in same case. 
 40 L.R.A. (X.S.) 138. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SEPARATION. 
 
 Of passengers, see CARRIERS, 43. 
 
 Of jury in criminal case, see CRIMINAL 
 
 LAW, 37. 
 Between husband and wife, see DIVORCE AND 
 
 SEPARATION. 
 Of jury, see TRIAL, 73. 
 Of riparian rights from upland, see WATERS, 
 
 36. 
 
 SEPTICAEMIA. 
 
 See INSURANCE, 160. 
 
 * 
 
 SEQUESTRATION. 
 
 Effect upon surety on sequestration bond of 
 
 judgment against principal. 40 L.R.A. 
 
 (N.S.) 745; L.R.A.1918E, 821. 
 Of provision in will renounced by widow. 
 
 18 L.R.A. (N.S.) 275; L.R.A.1918B, 65. 
 Filing bond to secure release of property as 
 
 an appearance.. L.R.A.1916F, 537. 
 
 SERIAL PUBLICATION. 
 
 Sale of, effect of discontinuance of series. 
 45 L.R.A.(N.S.) 203. 
 
 SERVICE. 
 
 Injunction against discontinuance of, by cor- 
 poration, see INJUNCTION, 35. 
 
 Of notice, generally, see NOTICE,. 8, 9. 
 
 Of notice in proceedings to revive judgment, 
 see JUDGMENT, 80. 
 
 Of pleading, see PLEADINGS, 9, 10. 
 
 By mail, see POSTOFFICE, 5. 
 
 Of process, see WRIT AND PROCESS, II. 
 
 What constitutes personal service of papers. 
 16 L.R.A. 200. 
 
 Of citation from Federal Supreme Court. 
 66 L.R.A. 843. 
 
 Of writ of error from Federal Supreme 
 Court. 66 L.R.A. 840. 
 
 Of order for payment of alimony as pre- 
 requisite to contempt proceedings for 
 nonpayment. 24 L.R.A. 436. 
 
 Right of public service corporation to dis- 
 continue service after tender of amount 
 due. L.R.A.1917C, 376. 
 
 SERVICE MAINS. 
 
 See PIPES AND PIPE LINES. 
 
 SERVICES. 
 
 See WORK AND LABOR.
 
 INDEX TO L.R.A. NOTES. 
 
 SERVITUDE. 
 
 In land, see EASEMENTS. 
 Additional servitude on highway, see EMI- 
 NENT DOMAIN, V. 
 
 Restraint of freedom of child as creating 
 involuntary servitude. 18 L.R.A. (N.S.) 
 893. 
 
 SET HAMMER. 
 
 Master's liability for injury by defects in. 
 51 L.R.A. (N.S.) 338. 
 
 SET-OFF AND COUNTERCLAIM. 
 
 7. In general, 1-3. 
 II. Of and against what demands, 
 
 4-21. 
 
 a. In general, 4-9. 
 6. Equitable set-offs, 1O-12. 
 
 c. Recoupment, 13. 
 
 d. Of or against assigned 
 
 claims, 14, 15. 
 
 e. Effect of insolvency, 16- 
 
 21. 
 
 IH. After judgment; of or against 
 judgment, 22-24. 
 
 I. In general. 
 
 1. Generally. 
 
 Effect of assignment for creditors on right 
 of set-off, see ASSIGNMENT FOR CREDIT- 
 ORS, 9. 
 
 In action on note, see BILLS AND NOTES, 
 68. 
 
 Right to, in action to enforce liability of 
 stockholders, see CORPORATIONS. 
 
 Effect of counterclaim in amount in excess 
 of jurisdiction, see COURTS, 28. 
 
 Against distributive share of decedent's 
 estate, see EXECUTORS AND AF/MINIS- 
 TRATORS, 49. 
 
 Based on fraud, see FRAUD AND DECEIT, 
 41. 
 
 In action to enforce local improvement as- 
 sessment, see PUBLIC IMPROVEMENTS, 
 29. 
 
 In replevin suit, see REPLEVIN, 16. 
 
 In action by state, see STATES, 9. 
 
 Effect of tender by defendant upon his 
 right to avail himself of defenses or 
 counterclaim. 21 L.R.A. (N.S.) 354. 
 
 Right of plaintiff to take a nonsuit where 
 defendant has interposed a counterclaim 
 entitling him to affirmative relief and 
 the right to such dismissal is not de- 
 nned or denied by statute. 15 L.R.A. 
 (N.S.) 340. 
 
 Right to open default judgment to let in 
 defense of. L.R.A.1916F, 858. 
 
 Right of receiver to take property from 
 possession of one claiming set-off. 47 
 L.R.A.(N.S.) 753. 
 
 2. Injunction in aid of. 
 
 Injunction against judgment, see infra, 24. 
 
 Begin with this ftooTc on every lair question. 
 
 SET-OFF AND COUNTERCLAIM, I. 
 coht'd 
 
 Injunction in aid of, against negotiation of 
 
 note. 28 L.R.A. 578. 
 Injunction against sale under power in 
 
 mortgage in order to let in set-off. 35 
 
 L.R.A. (N.S.) 909. 
 As ground of injunction against tax. 22 
 
 L.R.A. 709. 
 
 3. Effect of. 
 
 Set-off for debts as affecting taxation. 22 
 L.R.A. 477. 
 
 Counterclaim as affecting amount involved 
 for purpose of appellate jurisdiction. 
 L.R.A.1918F, 837. 
 
 Effect of counterclaim in amount in excess 
 of jurisdiction. 37 L.R.A. (N.S.) 606. 
 
 Effect of interposing counterclaim or set-off 
 which would in itself be a proper sub- 
 ject for compulsory reference where the 
 cause of action declared upon by plain- 
 tiff would not. 25 L.R.A. (N.S.)* 264. 
 
 Effect of setting up defects in articles pur- 
 chased, as a counterclaim in an action 
 on one of a series of notes given for, or 
 for an instalment of, the purchase price, 
 upon the right to set up a like counter- 
 claim in subsequent actions. 10 L.R.A. 
 (N.S.) 734. 
 
 77. Of and against trhat demands, 
 a. In general. 
 
 4. Generally. 
 
 Setting off benefits in eminent domain pro- 
 ceedings, see DAMAGES, 93. 
 
 Of claim against decedent's estate, see EX- 
 ECUTORS AND ADMINISTRATORS, 38. 
 
 Against distributive share of decedent's 
 estate, see EXECUTORS AND ADMINIS- 
 TRATORS, 49. 
 
 Mitigation of damages for wrongful attach- 
 ment by offsetting the indebtedness m 
 judgment in favor of the plaintiff in at- 
 tachment on his subsequent seizure and 
 sale of the attached propertv. L.R.A. 
 1918B, 801. 
 
 Right of borrower when sued for sum 
 loaned to set off amount of usurious in- 
 terest paid. L.R.A.1918B, 593. 
 
 Set offs against weekly payments provided 
 by workmen's compensation acts. L.R.A. 
 1916A, 174. 
 
 Set-off and counterclaim against an exempt 
 claim. 19 L.R.A. 33; 42 L.R.A. (N.S.) 
 575. 
 
 For defective work in action for local as- 
 sessment. 56 L.R.A. 922. 
 
 Offsets and counterclaims in action by in- 
 fant for services. 15 L.R.A. 213. 
 
 In garnishment of executor. 47 L.R.A. 363. 
 
 Right of set-off, counterclaim, or recoup- 
 ment in action by state. 33 L.R.A. 
 (N.S.) 376. 
 
 Indebtedness of heir to estate as counter- 
 claim or set-off against distributive 
 share in proceeds of real estate. 4 
 L.R.A. (N.S.) 189.
 
 INDEX TO L.R.A. NOTES. 
 
 1217 
 
 SET OFF AND COUNTERCLAIM, II. a 
 
 cont'd 
 
 Right of one employing minor without par- 
 ent's consent to allowance for expen- 
 ditures for necessaries. 9 L.R.A. (N.S. ) 
 411. 
 
 Claim based on wrongful discharge of serv- 
 ant as a set-off in action by servant for 
 wrongful discharge. 6 L.R.A. (N.S.) 
 118. 
 
 Offset against damages for suffering from 
 miscarriage, of suffering which would 
 have resulted from natural parturi- 
 tion. 17 L.R.A. (N.S.) 598. 
 
 Right to set up by cross hill inequitable 
 conduct of plaintiff in respect of sub- 
 ject-matter not involved in the original 
 bill. 13 L.R.A. (N.S.) 408. 
 
 Necessity that counterclaim, when based on 
 a contract arising out of an independ- 
 ent transaction, be such as to qualify 
 or defeat the plaintiff's claim. 12 
 L.R.A. (N.S.) 126. 
 
 Federal courts following state decisions aa 
 to construction of statutes as to. 40 
 L.R.A.(N.S.) 453. 
 
 Constitutionality of retroactive statute cre- 
 ating a right of set-off on account of 
 past acts or transactions. 52 L.R.A. 
 934. 
 
 5. Unliquidated claims. 
 
 Set-off or recoupment of unliquidated claims 
 in garnishment. 59 L.R.A. 389. 
 
 6. Mutuality of claims. 
 
 Availability of set-off to surety, see PRIX- 
 
 CIPAL AXD SUBETY, 26. 
 
 Right of set-off where third person gives 
 note for goods sold. 35 L.R.A. (N.S.) 
 49. 
 
 Right of one in reality, but not nominally, 
 liable, to set off indebtedness against 
 claimant. 18 L.R.A. (N.S.) 512. 
 
 Right of defendant in action by undisclosed 
 principal to avail himself of set-off 
 against agent. 28 L.R.A. (N.S.) 229; 
 L.R.A.1916A, 1214. 
 
 Right of surety or principal to interpose an 
 independent cause of action in favor ol 
 the latter against the plaintiff as a de- 
 fense or counterclaim. 18 L.R.A. (N.S.) 
 600. 
 
 Right of surety or principal to avail him- 
 self of claim of latter against plaintiff 
 as defense or counterclaim. 43 L.R.A. 
 .(N.S.) 977. 
 
 Right of one garnished in respect of prop- 
 erty wrongfiilly taken from debtor to 
 set off his own claim against latter. 
 30 L.R.A. (N.S.) 1185. 
 
 7. Insurance cases. 
 
 Set-off in case of bankruptcy. 55 L.R.A. 
 
 4. 66, 72. 
 On settlement of claims against insolvent 
 
 insurance company. 38 L.R.A. 105. 
 In case of assessments against members of 
 
 mutual fire insurance company. 32 
 
 L.R.A. 504. 
 Consult also L.R.A. Digests of Cases. 77 
 
 SET-OFF AND COUNTERCLAIM, II. a 
 cont'd 
 
 Right of, as affected by fact that insurance 
 broker is agent for insured. 38 L.R.A. 
 (N.S.) 641. 
 
 Does existence of indebtedness from insurer 
 to insured in an amount sufficient to 
 pay premium or assessment prevent for- 
 feiture of policy for nonpayment of 
 premium. 23 * L.R.A. ( N.S*. ) 304 ; 
 L.R.A.1918D, 1014. 
 
 8. Claims by or against banks. 
 
 In case of insolvencv of bank, see infra, 
 
 19a. 
 In case of insolvency of depositor, see infra, 
 
 19b. 
 
 Right to set off illegal interest paid to na- 
 
 tional bank. 56 L.R.A. 696. 
 Right to set off judgment for penalty 
 
 against national bank taking usurious 
 
 interest. 56 L.R.A. 700. 
 Right to set off claim for twice amount of 
 
 interest paid to national bank. 56 
 
 L.R.A. 700. 
 Acceptance of depositor's check by bank for 
 
 obligation due it, as affecting bank's 
 
 right to set off obligation against de- 
 
 posit. L.R.A.1916A, 685. 
 
 8a. 11 M mat 11 red claims. 
 
 Right of bank to set off unmatured claim 
 
 against deposit of debtor. 27 L.R.A. 
 
 (N.S.) 811; 46 L.R.A.(N.S.) 1059. 
 
 9. On mortgage foreclosure. 
 
 Generally. 21 L.R.A. 321. 
 Estates/ 21 L.R.A. 322. 
 Usury. 21 L.R.A. 323. 
 Coexisting demands. 21 L.R.A. 323. 
 Rents, waste, and injury. 21 L.R.A. 324. 
 * 
 
 Fraud. 21 L.R.A. 324. 
 
 Breach of covenants; title and encum- 
 
 brances. 21 L.R.A. 324. 
 Contract for credits. 21 L.R.A. 326. 
 Special grounds for equitable interference, 
 
 as insolvency, etc. 21 L.R.A. 326. 
 Privity as to pa*rties. 21 L.R.A. 326. 
 Practice. 21 L.R.A. 327. 
 Sufficiency of evidence. 21 L.R.A. 327. 
 
 ft. Equitable set-offs. 
 
 10. Generally. 
 
 Nonresidence as ground of. 30 L.R.A. 
 (N.S.) 21. 
 
 Nonresidence as ground of equitable set- 
 off. 30 L.R.A.(N.S.) 21; L.R.A.1918B, 
 425. 
 
 As ground for injunction against judgment. 
 31 L.R.A. 768. 
 
 Injunction against enforcement of judgment 
 as aid to equitable set-off of claim 
 against judgment creditor. 35 L.R.A. 
 (N.S.) 142. 
 
 Right of surety or principal to avail him- 
 self in equity of claim of latter 
 against plaintiff as a defense or count- 
 erclaim. 43 L.R.A. (N.S.) 979.
 
 1218 
 
 INDEX TO L.R.A. NOTES. 
 
 SET-OFF AND COUNTERCLAIM, II. b 
 
 cont'd 
 11. In case of assignment. 
 
 Equities which will justify set-off against 
 assignee of commercial paper. 23 
 L.R.A. 330. 
 
 Of debtor's demand against assignor as 
 against assigned claim. 23 L.R.A. 309. 
 
 Equitable set-offs as against holder of ne- 
 gotiable paper transferred after ma- 
 turity. 46 L.R.A. 796. 
 
 Right of surety or indorser to equitable set- 
 off of obligation as against assignee of 
 a debt due from him to the principal. 
 46 L.R.A.(N.S.) 65. 
 
 12. In case of insolvency. 
 
 Insolvency as special ground for set-off in 
 equity on mortgage foreclosure. 21 
 L.R.A. 326. 
 
 Insolvency as an equity in case of set-off 
 against judgment in hands of assignee. 
 23 L.R.A. 338. 
 
 Insolvency as entitling surety to equitable 
 set-off of obligation as against assignee 
 of a debt due from him to principal. 
 46 L.R.A. (N.S.) 65. 
 
 Equities connected with assigned contract in 
 hands of receiver or assignee for credit- 
 ors. 23 L.R.A. 320. 
 
 c. Recoupment. 
 
 13. Generally. 
 
 In action by state, see STATE, 9. 
 
 Of unliquidated claims in garnishment. 59 
 L.R.A. 389. 
 
 Master's right of recoupment for damages 
 caused by servant's death or disability. 
 28 L.R.A*. (N.S.) 326. 
 
 Right in replevin to recoup damages grow- 
 ing out of same transaction. 24 L.R.A. 
 (N.S.) 748. 
 
 Right of tenant to counterclaim damages to 
 his property by water in action by 
 landlord for rent. L.R.A.1917B, 234, 
 246. 
 
 d. Of or against assigned claims. 
 
 14. Generally. 
 
 Equitable set-off, see supra, 11. 
 In case of insolvency, see infra, 20, 21. 
 Judgments, see infra, 23. 
 In case of bankruptcy, see BANKRUPTCY, 
 30. 
 
 Set-off, against assigned claim, of debtor's 
 demand against assignor. 23 
 L.R.A. 305. 
 
 Set-off against assignee of commercial pa- 
 per, of claim against assignor. 23 
 L.R.A. 325. 
 
 When is an assignment by a stockholder of 
 a claim against a corporation subject 
 to the right to set off the stockholder's 
 liability against such claim. 10 L.R.A. 
 (N.S.) 472. 
 
 Right of surety or indorser to offset obli- 
 gation tis against assignee of a 
 debt <lue from him to the princi- 
 pal. 46 L.R.A. (N.S.) 62. 
 
 Begin irith this ftoofc on every law question. 
 
 SET-OFF AND COUNTERCLAIM, II. d 
 
 cont'd 
 
 I I. -i. Claims arising out of .same 
 transaction or connected with same 
 subject matter. 
 
 When may claim upon which counter- 
 claim is based be deemed to have 
 arisen out of the contract or trans- 
 action upon whicli plaintifFs claim 
 is founded, or to be connected witli 
 the subject of plaintiff's action. 
 L.R.A.1916C, 445. 
 
 14b. Counterclaims in tort in ac- 
 tions on contract. 
 
 General rule. L.K.A.1916C, 497. 
 
 When claim may be deemed to have arisen 
 
 out of the contract sued upon. 
 
 L.R.A.1916C, 498. 
 
 "Arising out of." L.R.A.1916C, 504. 
 "Transaction." L..R.A.191CC, 504. 
 When claim may be deemed to have arisen 
 
 out of the transaction sued upon. 
 
 L.R.A.1916C, 504. 
 
 "Connected with." J..R.A.1916C, 509. 
 "Subject of the action." L.R.A.1916C, 509. 
 When claim may be deemed to be connected 
 
 with the subject of the action. 
 
 L.R.A.1916C, 510. 
 Indiana cases. L.R.A.1916C, 512. 
 Texas cases. L.R.A.1916C, 513. 
 English and Canadian cases. L.R.A. 191GC, 
 514. 
 
 15. Paper transferred after ma- 
 turity. 
 
 Against holder of negotiable paper trans- 
 ferred after maturity, 46 L.R.A. 790. 
 
 Right to set off against transferee of ne- 
 gotiable paper after maturity, claim 
 against original payee. 23 L.R.A. 326; 
 39 L.R.A.(N.S.) 658. 
 
 e. Effect of insolvency. 
 
 16. Generally. 
 
 Equitable set-off, see supra, 12. 
 In bankruptcy cases, see BANKRUPTCY, 
 26-30. 
 
 On settlement of claims of insolvent insur- 
 ance company. 38 L.R.A. 105. 
 
 Right of creditor, who is also a stockholder 
 of an insolvent corporation, to offset 
 against his statutory liability debt due 
 from corporation or debt paid another 
 creditor. 41 L.R.A. (N.S.) 989, 998. 
 
 Right of stockholder after insolvency to set 
 off debt due him from corporation 
 against his liabilitv on unpaid stock 
 subscription. L.R.A*.1918E, 243. 
 
 Right of surety or person secondarily liable 
 to set off his individual claim against 
 insolvent creditor where the principal 
 is solvent. 50 L.R.A. (N.S.) 107. 
 
 17. Contingent claims. 
 
 Set-off in case of bankruptcy. 55 L.R.A. 
 57. 
 
 Right to set-off against claims in hands 
 of receiver or assignee for creditors. 
 23 L.R.A. 319. 
 
 Right to set-off against assignee of com- 
 mercial paper. 23 L.R.A. 330.
 
 INDEX TO L.R.A. NOTES. 
 
 1219 
 
 SET-OFF AND COUNTERCLAIM, II. e 
 cont'd 
 
 18. Of insolvent's obligation on 
 claim in hands of his receiver, or 
 assignee or trustee for creditors. 
 
 Assignees for creditors. 23 L.R.A. 313. 
 
 Receiver. 23 L.R.A. 313. 
 
 Claims purchased after insolvency. 21 
 L.R.A. 280. 
 
 Limitation upon the rule. 23 L.R.A. 314. 
 
 Claims not due. 23 L.R.A. 315. 
 
 Set-off between corporation and stockholder. 
 23 L.R.A. 316. 
 
 The effect of the doctrine of mutual credits. 
 23 L.R.A. 317. 
 
 The English rule. 23 L.R.A. 318. 
 
 Claims not owned. 23 L.R.A. 319. 
 
 Special circumstances which will defeat 
 right. 23 L.R.A. 319. 
 
 Contingent claims. 23 L.R.A. 319. 
 
 Commercial paper. 23 L.R.A. 319. 
 
 Equities connected with the assigned con- 
 tract. 23 L.R.A. 320. 
 
 Character of demands which may be set-off. 
 23 L.R.A. 320. 
 
 Effect of agreement. 23 L.R.A. 320. 
 
 19. Effect of immatui-ity of claim 
 at time insolvency occurs. 
 
 In case of bankruptcy, see BANKRUPTCY, 
 29. 
 
 Where the immature debt is owing to the 
 
 insolvent. 17 L..R.A. 456. 
 Where the debt is owing by the insolvent. 
 
 17 L.R.A. 458. 
 Unmatured against matured claim. 25 
 
 L.R.A.(N.S.) 393. 
 
 Under bankruptcy law of 1898 and amend- 
 ments. 25 L.R.A.(N.S.) 396. 
 Matured against unmatured claim. 25 
 
 L.R.A.(N.S.) 396. 
 
 Right to set off insolvent's obligations on 
 claims not due in hands of his receiver 
 or assignee or trustee for creditors. 28 
 
 L.T{.A. 315. 
 
 Bank's right to set-off unmatured claim 
 against deposit account of its insolvent 
 debtor. 15 L.R.A. 710; 27 L.R.A. (N.S.) 
 811; 46 L.R.A. (N.S.) 1059. 
 
 19a. By or against insolvent bank. 
 
 By or against insolvent bank. 17 L.R.A. 
 456. 
 
 Depositor's right of set-off when bank be- 
 comes bankrupt. 55 L.R.A. 48, 52, 62, 
 70. 
 
 Right to set off against insolvent bank 
 claims purchased after insolvency. 21 
 L.R.A. 282. 
 
 19b. Set-off in case of insolvency of 
 depositor. 
 
 Bank's right of set-off when depositor be- 
 comes bankrupt. 55 L.R.A. 48, 53, 59, 
 63, 70. 
 
 Right of bank to set off unmatured claim 
 against deposit account of its insolvent 
 debtor. 15 L.R.A. 710; 27 L.R.A: (N.S.) 
 811; 46 L.R.A.(N.S.) 1059. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SET-OFF AND COUNTERCLAIM, II. e 
 cont'd 
 
 Right of bank to set off its own claim 
 against a deposit which by an agree- 
 ment invalid as against the trustee in 
 bankruptcy it had undertaken to hold 
 as a fund for creditors. 28 L.R.A. 
 (N.S.) 484. 
 
 Set-off by bank against bankrupt's deposit 
 as a preference within the bankruptcy 
 law. 20 L.R.A.(N.S.) 863. 
 
 Acceptance of depositor's check by bank for 
 obligation due it as affecting bank's 
 right to set off obligation against de- 
 positor in case of insolvency. L.R.A. 
 1916A, 685. 
 
 20. Assigned claims. 
 
 In case of bankruptcy, see BANKRUPTCY, 
 30. 
 
 Effect of insolvency on right of surety or 
 indorser to offset obligation as against 
 assignee of a debt due from him to 
 principal. 46 L.R.A. (N.S.) 64. 
 
 Set-off against assignee of commercial pa- 
 per, of contingent claim against as- 
 signor. 23 L.R.A. 330. 
 
 Insolvency as an equity for set-off against 
 judgment in hands of assignee. 23 
 L.R.A. 338. 
 
 21. claims purchased, after the in- 
 solvency. 
 
 Bankruptcy statutes. 21 L.R.A. 280* 
 Insolvency. 21 L.R.A. 281. 
 Receivership. 21 L.R.A. 281. 
 Assignment for creditors. 21 L.R.A. 281. 
 Claims against banks. 21 L.R.A. 282. 
 Bank bills. 21 L.R.A. 282. 
 Decedents' estates. 21 L.R.A. 282. 
 
 III. After judgment; of or against 
 judgment. 
 
 22. Right of set-off. 
 
 Right to set off judgment for penalty 
 against national bank taking usurious 
 interest. 56 L.R.A. 700. 
 
 Right of, by judgment debtor against judg- 
 ment creditor as affecting fraudulent 
 grantee of former. 67 L.R.A. 598. 
 
 Right to set off one judgment against an- 
 other which is exempt or is based on 
 a wrongful taking of exempt property. 
 16 L.R.A.(N.S.) 494; 42 L.R.A.(N.S.) 
 577. 
 
 23. assigned judgment. 
 
 Set-off against judgment in hands of as? 
 signee. 23 L.R.A. 335; L.R.A.1917F, 
 1010. 
 
 24. As ground for injunction. 
 
 As ground for injunction against judgment 
 in garnishment. 30 L.R.A. 363. 
 
 As ground of injunction against judgment 
 when it existed before its rendition.. 
 31 L.R.A. 763. , 
 
 Arising after judgment as ground of in- 
 junction. 30 L.R.A. 569.
 
 1220 
 
 SET-OFF AND COUNTERCLAIM, III. 
 cont'd 
 
 Injunction against enforcement of judgment 
 as aid to equitable set-off of claim 
 against judgment creditor. 35 
 L.R.A.(N.S.) 142. 
 
 IXDEX TO L.R.A. NOTES. 
 
 SEVEN YEARS' ABSENCE. 
 
 SET SCREWS. 
 
 Master's liability for injury to servant by, 
 see MASTER AND SERVANT, 89. 
 
 Liability for injury to servant by. 48 
 
 L.R.A. 96. 
 Doctrine of "attractive nuisance" as applied 
 
 to injury from. 19 L.R.A.(N.S.) 1130. 
 
 SETTING APART. 
 
 Of child's right in parent's homestead. 56 
 L.R.A. 48. 
 
 SETTING ASIDE. 
 
 Of judgment, see JUDGMENT, 87-97. 
 
 Of judicial sale, see JUDICIAL SALE, 17. 
 
 Of verdict, see NEW TRIAL. 
 
 Of release, see RELEASE, 6, 7. 
 
 Of probate, see WILLS, 55. 
 
 SETTLED ACCOUNT. 
 
 Sec ACCOUNTS, 2. 
 
 SETTLED LAND ACT. 
 
 See LIFE TENANTS. 
 
 SETTLEMENT. 
 
 By way of compromise, see COMPROMISE 
 
 AND SETTLEMENT. 
 Of guardian's accounts, see GUARDIAN AND 
 
 WARD, lOa. 
 Between husband and wife, see HUSBAND 
 
 AND WIFE, 55-61. 
 Of poor persons, see POOR AND POOR LAWS, 
 
 3. 
 
 On public lands for cutting of timber. 70 
 
 L.R.A. 878. 
 Rights of adopted child under. 17 L.R.A. 
 
 438. 
 Marriage settlements under rule in Shelley's 
 
 Case. 29 L.R.A. (N.S.) 1143. 
 Relief from mistake of law as to effect of 
 
 settlement. 28 L.R.A. (N.S.) 822. 
 Power to revoke or set aside. 15 L.R.A. 75. 
 
 Presumption of death from, see EVIDENCE, 
 30. 
 
 SEVERABILITY. 
 
 Of contracts, see CONTRACTS, 62. 
 
 Of provisions of insurance policy, see Iw- 
 
 SURANCE, 61, 62. 
 
 SEVERAL OFFENSES. 
 
 Right to convict for several offenses grow- 
 ing out of same facts. 31 L.R.A. (N.S.) 
 693. 
 
 SEVERANCE. 
 
 Creation of easement by severance of tract 
 of land with apparent benefit existing 
 see EASEMENTS, 12. 
 
 SEWAGE. 
 
 Muncipal liability for injury by, see MU- 
 NICIPAL CORPORATIONS, 86-89. 
 
 Pollution of stream by, see MUNICIPAL COR- 
 PORATIONS, 89. 
 
 SEWER CONNECTION. 
 
 See DRAINS AND SEWERS, 5. 
 
 SEWERS. 
 
 In general, see DRAINS AND SEWERS. 
 
 SEX. 
 
 Who may raise objection that statute con- 
 tains unconstitutional discrimination 
 based on sex. 32 L.R.A. (N.S.) 960. 
 
 SEXTON. 
 
 Right of woman to be. 38 L.R.A. 211. 
 
 Begin tvith this book on every law question. 
 
 SEXUAL CRIMES. 
 
 Measure of damages for, see DAMAGES, 
 50-50b, 99. 
 
 Competency of husband and wife as witness- 
 es, see WITNESSES, 17-21.
 
 INDEX TO L.R.A. NOTES. 
 
 1221 
 
 SEXUAL CRIMES cont'd 
 
 See also ADULTERY; DISORDERLY HOUSES; 
 FORNICATION; INCEST; LEWDNESS; 
 PROSTITUTION; RAPE; SEDUCTION; SEX- 
 UAL INTERCOURSE; SODOMY. 
 
 Solicitation to. 25 L.R.A. 438. 
 
 Right to convict for several offenses grow- 
 ing out of same facts. 31 L.R.A. (N.S.) 
 003. 
 
 Conviction or acquittal of a sexual offense 
 as a bar to a prosecution for a similar 
 offense with or against the same person 
 at a different time. L.R.A.1917D, 731. 
 
 Does statute fixing age of consent render 
 girl below that age incapable of. 27 
 L.R.A.(X.S.) 872. 
 
 Defendant's mistake as to age of girl as 
 affecting guilt under statute denoun- 
 cing sexual offenses against females be- 
 low specified age. 25 L.R.A. (N.S.) 
 661. 
 
 May defendant charged with sexual of- 
 fense against female of previous chaste 
 character impeach her character for 
 chastity by reason of his own inter- 
 course with her prior to the acts 
 charged. 30 L.R.A. (N.S.) 173. 
 
 Evidence of other crimes in prosecution for 
 committing. 62 L.R.A. 228, 281, 314, 
 322; 329; 48 L.R.A. (N.S.) 236. 
 
 Evidence of specific instances to prove char- 
 acter for chastity of victim of sexual 
 crime. 14 L.R.A. (N.S.) 714; L.R.A. 
 1916B, 965. 
 
 Former jeopardy in case of. L.R.A.1915A, 
 256. 
 
 Acquittal of one of the parties to, as a bar 
 to prosecution of the other. 49 L.R.A. 
 (N.S.) 479. 
 
 Right of court to exclude public from court 
 room on prosecution for. 44 L.R.A. 
 (N.S.) 583; L.R.A.1918C, 1168. 
 
 Presumptions and burden of proof as to 
 chastity where it is an ingredient of 
 the offense or a condition of conviction. 
 43 L.R.A. (N.S.) 476. 
 
 Age of alleged accomplice in sexual offense 
 as affecting necessity of corroboration 
 of testimony. L.R.A.1915E, 1222. 
 
 Illicit cohabitation as a criminal offense. 
 L.R.A.1916C, 653." 
 
 SEXUAL IMMORALITY. 
 
 Actionability of words charging, see LIBEL 
 AND SLANDER, 12. 
 
 SEXUAL INTERCOURSE. 
 
 See also ADULTERY; 
 COHABITATION ; 
 
 FORNICATION ; ILLICIT 
 INCEST; LASCIVIOUS 
 COHABITATION ; LEWDNESS ; PROSTITU- 
 TION; RACE; SEDUCTION; SEXUAL 
 CRIMES; SODOMY. 
 Consult also L.R.A. Digests of Cases. 
 
 SEXUAL INTERCOURSE <:ont'd 
 Extent of trespasser's liability for entering 
 premises for purposes of. 53 L.R.A. 
 633. 
 
 Evidence of specific instances of, to im- 
 peach witness. 14 L.R.A.(N.S.) 697. 
 
 SEXUAL OFFENSES. 
 
 See SEXUAL CRIMES. 
 
 SEXUAL RELATION. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 14. 
 
 SHADE TREES. 
 
 Measure of damages for injury to, see DAM- 
 AGES, 75. 
 
 Liability for injuring or destroying. 11 
 L.R.A.(N.S.j 930; 28 L.R.A. (N.S.) 
 757. 
 
 SHADOWING. 
 
 43 
 
 Liability for "shadowing" person. 
 
 L.R.A. (N.S.) 520. 
 Liability of detective agency for wrongful 
 
 shadowing of a person by its employees. 
 
 L.R.A.1918D, 575. 
 
 SHAFTS. 
 
 Elevator shafts, see ELEVATORS. 
 
 Contributory negligence of child falling 
 down shaft. L.R.A.1917F, 105, 199. 
 
 SHAKERS. 
 
 Public policy as related to communistic 
 life or tenure of property by. 8 L.R.A. 
 (N.S.) 910. 
 
 SHALLOW WATER. 
 
 As defect in dock or wharf. 61 L.R.A. 
 949. 
 
 SHAM. 
 
 Competency of parol evidence to show that 
 a writing was not intended to create le- 
 gal relations, but was executed as a 
 sham. L.R.A.1917B, 263.
 
 1222 
 
 IXDEX TO L.K.A. NOTES. 
 
 SHAM MARRIAGE. 
 
 Intercourse secured through, as rape. 
 L.R.A.191GF, 796. 
 
 SHARES. 
 
 Of corporate stock, see CORPORATIONS, VIII. 
 
 Levy on crops held on shares. 23 L.R.A. 
 
 '260. 
 
 Sale or mortgage of future crops raised on 
 shares. 23 L.R.A. 468; L.R.A.1917C, 
 
 8. 
 
 SHEDS. 
 
 Right to use railroad right of way for coal 
 sheds. 36 L.R.A. (X.S.) 516. 
 
 Municipal liability for injury by shed over- 
 hanging street. 20 L.R.A.(N.S.) 645. 
 
 SHEEP. 
 
 Right to kill sheep-killing dogs. 15 L.R.A. 
 
 251; 19 L.R.A. (X.S.) 837; L.R.A. 
 
 1915C, 361. 
 Constitutionality of tax on dogs for benefit 
 
 of sheep owners. 17 L.R.A. (X.S.) 855. 
 
 SHEET MUSIC. 
 
 Perforated rolls and wax cylinders as in- 
 fringements of copyright of sheet music. 
 2 B. R. C. 91. 
 
 SHELL. 
 
 Right to protection against use of rival 
 design, shell or pattern not protected 
 by patent. 19 L.R.A. (N.S.) 269; 37 
 L.R.A.(N.S.) 259. 
 
 SHELLEY'S CASE. 
 
 Rule in, see DEEDS, 30; WILLS, 82. 
 
 SHELL FISHERY. 
 
 See FISHERIES, 5. 
 
 SHELTER. 
 
 SHELVING. 
 
 As fixture. 43 L.R.A. (X.S.) 675. 
 
 Innkeeper's dutv as to, see INNKEEPERS, 
 
 12. 
 Begin icith this boofc on every law question. 
 
 SHERIFFS. 
 
 1. Generally. 
 
 Bond of, see BONDS, 12-15. 
 Deputy sheriff, see DEPUTIES, 2. 
 
 Applicability to sheriffs of Workmen's Com- 
 pensation Acts. L.R.A.1918F. 191. 
 
 Sheriffs as public officers. 17 L.R.A. 245. 
 
 Right of woman to be. 38 L.R.A. 211. 
 
 Place at which official acts of, may be per- 
 formed. 33 L.R.A. 92. 
 
 Right to attach or garnish fund in hands 
 of. after direction to pay same to party. 
 30 L.R.A. (X.S.) 720. 
 
 Effect of misrepresentation by, to purchas- 
 ers on judicial sale. 18 L.R.A. 88. 
 
 Right of receiver to take property from 
 possession of. 47 L.R.A. (N.S.)" 752. 
 
 Right to garnish or attach proceeds of exe- 
 cution sale in the hands of the sheriff. 
 43 L.R.A. (X.S.) 573. 
 
 Liability of carrier for compelling sheriff 
 in charge of negro prisoner to ride in 
 car for colored persons. L.R.A.1916E, 
 280. 
 
 2. Rights and powers. 
 
 Power to grant immunity to a witness. 
 L.R.A.1918A, 376. 
 
 Right of sheriff to make bids on sales con- 
 ducted by them. 20 L.R.A. 503. 
 
 Right of former sheriff to maintain action 
 in respect of a sale made by him while 
 in office. 29 L.R.A.(X.S.) '7!i>. 
 
 Right of sheriff to appoint nonresident 
 deputy. L.R.A.1916B, 900. 
 
 Right to break and enter dwelling to serve 
 civil writ of process. L.R.A. 19 16D, 281 
 
 3. Duties and liabilities. 
 
 Liability on bond, see BONDS, 12-15. 
 Duty and liability of sheriff making levy, 
 see LEVY AND SEIZURE, 12. 
 
 Mandamus to compel sheriff to enforce 
 liquor law. 28 L.R.A. (X.S.) 246. 
 
 Duty as to adverse claims in proceeds of 
 judgments in 'his hands. 47 L.R.A. 
 737. 
 
 Duty of sheriff to pursue property which 
 escapes from his custodv. 32 L.R.A. 
 (X.S.) 132. 
 
 Relief of purchaser by action against sher- 
 iff upon annulling judicial or execu- 
 tion sale. 69 L.R.A. 58. 
 
 Liability of officer who uses criminal proc- 
 ess'to collect a debt. 24 L.R.A. (X.s.i 
 301. 
 
 Liability of sheriff executing invalid search 
 warrant. 49 L.R.A.(X.S.) 770. 
 
 Liabilitv for making arrest. 42 L.R.A. 
 (NJ3.) 69; L.R.A.1915B, 505. 
 
 Fot deputy's tort in making arrest. 12 
 L.R.A.*(X.S.) 1019; L.R.A.1915E. 172. 
 
 Liability of sheriff for shooting a person 
 while attempting to arrest him. 51 
 L.R.A. (X.S.) 1179.
 
 INDEX TO L.R.A. NOTES. 
 
 SHERIFFS cont'd 
 
 Civil liability of sheriff for injury inflicted 
 by prisoner in his custody upon an- 
 other prisoner. L.R.A.1918C, 1163. 
 
 Burden of proof in action against, for fail- 
 ure to execute process. 3 L.R.A. (N.S.) 
 420. 
 
 SHERMAN ANTI-TRUST ACT. 
 
 See also MONOPOLY AND COMBINATIONS, II. 
 
 Diversion of trade by labor union from one 
 with whom it is in controversy, as vio- 
 lating Sherman act. 1 B. R. C. 281. 
 
 SHIFTING DESCENTS. 
 
 As affecting descent to kindred of the half- 
 blood. 29 L.R.A. 567. 
 
 SHIP BROKERS. 
 
 Admiralty jurisdiction over contracts of. 
 66 L.R.A. 236. 
 
 SHIP BUILDING YARD. 
 
 What is, within meaning of workmen's 
 compensation act. L.R.A.1916A, 202. 
 
 SHIPMENT. 
 
 Of freight, see CARRIERS, IV. 
 
 SHIPPING. 
 
 7. In general, 1-5. 
 II. Regulations, 6, 7. 
 ///. Duty and liability of vessel or own- 
 ers, 8-16. 
 
 IV. Charter party ; loading and unload- 
 ing, 17-19. 
 V. Limited liability, 2O, 21. 
 
 I. In general. 
 
 1. Generally. 
 
 Admiralty, see ADMIRALTY. 
 General average, see AVERAGE. 
 Collision, see COLLISION. 
 Embargo, see EMBARGO. 
 Maritime lien, see MARITIME LIEN. 
 Pilots, see PILOTS. 
 Salvage, see SALVAGE. 
 Seamen, see SEAMEN. 
 
 Transportation between points in same 
 state over a route part of which is in 
 another state as interstate commerce. 
 L.R.A.1918A, 808. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SHIPPING, I. cont'd 
 
 Effect of war on contract of affreightment 
 with alien enemies. L.R.A. 1917C, 667. 
 
 Duty of steamer to avoid imperiling small 
 boat by swells. 7 L.R.A. (N.S.) 920. 
 
 What constitutes delivery of freight to 
 carrier by water. 32 L.R.A. (N.S.) 322. 
 
 Private action for violation of laws and 
 rules of water carriage. 9 L.R.A. (N.S.) 
 374. 
 
 Will action in rem lie against proceeds of 
 private sale of property against which 
 such an action would lie. 2 B. R. C. 
 68. 
 
 Effect of deviation upon rights and liabili- 
 ties of carriers. 2 B. R. C. 587. 
 
 Sufficiency of general allegations of negli- 
 gence in management of vessels. 59 
 L.R.A. 274. 
 
 Imputing negligence of steamboat to pas- 
 senger. 8 L.R.A. (N.S.) 622. 
 
 2. Jurisdiction and powers of con- 
 sul. 
 
 With respect to disabled vessels. 45 L.R.A. 
 
 495. 
 With respect to deserting seamen. 45 L.R.A. 
 
 486. 
 As to controversies between seamen and 
 
 masters of foreign vessels. 45 L.R.A. 
 
 488. 
 With respect to discharge of seamen abroad. 
 
 45 L.R.A. 493. 
 Power of consul to retain ship's papers'. 
 
 45 L.R.A. 500. 
 
 3. Loss or destruction of cargo. 
 
 General average in case of, see AVERAGE. 
 
 Provision relieving carrier of goods from 
 liability as extending to loss caused by 
 negligence. 6 B. R. C. 124. 
 
 Duty to hasten shipment or take other pre- 
 cautions to prevent loss threatened 
 without any antecedent fault on the 
 carrier's part. 39 L.R.A. (N.S.) 640. 
 
 Vessel striking submerged object as act of 
 God. L.R.A.1915C, 423. 
 
 4. Ships, generally. 
 
 Specific performance of contract for sale of. 
 L.R.A.1918E, 621. 
 
 Jurisdiction over ships at sea. 46 L.R.A. 
 264. 
 
 Jurisdiction and determination of suits fo* 
 adjustment of rights between part 
 owners of ship. L.R.A.1917A, 1108. 
 
 Effect of war between countries of owners 
 of vessel to terminate their relation- 
 ship. L.R.A.1917C, 671. 
 
 Effect of bankruptcy or insolvency proceed- 
 ings on ship on high seas. 23 L.R.A. 
 46. 
 
 Ownership of derelict. 18 L.R.A. 695. 
 
 Creation of partnership by provision for 
 taking profits as compensation for use 
 of ships. 18 L.R.A. (N.S.) 1045. 
 
 What articles will pass as appurtenances 
 on sale of. 8 L.R.A. (N.S.) 793. 
 
 Right of mortgagee of ship as to freight. 
 4 B. R. C. 538. 
 
 Right of mortgagee of ship to take posses- 
 sion. 4 B. R. C. 529.
 
 1224 
 
 INDEX TO L.R.A. NOTES. 
 
 SHIPPING, I. cont'd 
 
 Rights of lien holders as to captured prop- 
 orty. 5 B. R. C. 1002. 
 
 Forfeiture of rights or interests of innocent 
 persons in ships and cargoes used in 
 violation of law. L.R.A.1916E, 346. 
 
 5. Taxation. 
 
 Where ships taxable. 37 L.R.A. 518; 29 
 L.R.A.(N.S.) 105. 
 
 Situs of water craft for purposes of taxa- 
 tion. 69 L.R.A. 447. 
 
 Local license tax on vessels licensed by the 
 United States. 27 L.R.A. 414. 
 
 What is home port of vessel for purpose of 
 taxation. 2 L.R.A. (N.S.) 197, 1196. 
 
 Taxation of receipts of steamship compa- 
 nies. 57 L.R.A. 64.. 
 
 II. Regulations. 
 
 6. Generally. 
 
 As to limited liability, see infra, 20. 
 
 Regulation of steam vessels. 2 L.R.A. 380.* 
 Inspection of vessels. 2 L.R.A. 380.* 
 Examination of applicants for license as 
 
 master, etc. 2 L.R.A. 380.* 
 Quarantine of ships. 26 L.R.A. 484. 
 
 7. For protection of passengers. 
 
 Suit to recover penalty for overcrowding 
 
 steamers. 4 L.R.A*. 125.* 
 'Provisions against carrying excess of pas- 
 sengers. 2 L.R.A/ 381.* 
 
 Prohibition of petroleum on passenger ves- 
 sels. 2 L.R.A. 382.* 
 
 III. Duty and liability of vessel or 
 owners. 
 
 8. Generally. 
 
 Liability of vessel for compulsory pilot fees, 
 see PILOT, 2. 
 
 Presumption and burden of proof as to car- 
 rier's negligence in case of exception in 
 contract as to perils of navigation. 
 L.R.A.1915D, 665. 
 
 Effect of deviation upon rights and liabili- 
 ties of carriers. 3 B. R. C. 285. 
 
 Liability for injuries caused by attempted 
 exercise of right of navigation. 64 
 L.R.A. 977. 
 
 Homicide resulting from negligent naviga- 
 tion or management of vessels. 61 
 L.R.A. 283. 
 
 Liability for injury to wharf by vessel at- 
 tached thereto during a storm. 27 
 L.R.A.(N.S.) 312. 
 
 Liability of vessel or owner for compulsory 
 pilotage fees. 39 L.R.A. 177. 
 
 Liabilitv of owner for cost of removing ves- 
 sel" sunk in harbor. 3 L.R.A.(N.S.) 
 1120. 
 
 Liability for failure to forward bonded mer- 
 chandise. 4 L.R.A.(N.S.) 1060. 
 
 9. To passengers. 
 
 Duty of steamship company to passengers 
 
 as to condition of decks. 33 L.R.A. 
 
 (N.S.) 532. 
 
 SHIPPING, III. cont'd 
 
 Liability of steamship company for loss of 
 hand baggage or other effects in the 
 custody or control of passenger. L.R.A. 
 1915B, 613. 
 
 Liability of steamship for malicious acts 
 of servants towards passengers. 4 
 L.R.A.(N.S.) 494. 
 
 Liability for failure to supplv berth. 5 
 L.R.A. (N.S.) 1012; L.R.A.1915B, 1202. 
 
 Duty of carrier to passenger on boat char- 
 tered to third person for excursion or 
 similar purpose. 15 L.R.A. (N.S.) 425; 
 52 L.R.A.(N.S.) 260. 
 
 Duty of vessel to return to wharf to per- 
 mit visitor to depart. 10 L.R.A. (N.S.) 
 969. 
 
 10. To employees. 
 
 Duty to provide medical aid for seamen. 4 
 L.R.A.(N.S.) 68. 
 
 Implied power of officer of ship to employ 
 physician to attend injured employee. 
 34 L.R.A. (N.S.) 355. 
 
 Liability of owner to servants of other per- 
 sons working thereon. 46 L.R.A. 73. 
 
 11. who are fellow servants. 
 
 Servants working on or about ship as fel- 
 low servants. 50 L.R.A. 460. 
 
 Servants engaged in building or equipping 
 ship as fellow servants. 50 L.R.A. 437. 
 
 lla. who are vice principals. 
 
 Officers of ships as vice principals. 51 
 L.R.A. 555. 
 
 Foreman of gangs loading or unloading 
 ships as vice principal. 51 L.R.A. 533. 
 
 Subordinate officers of ships as vice princi- 
 pals. 51 L.R.A. 537. 
 
 Commanding officers of ships as vice prin- 
 cipals. 51 L.R.A. 539, 582. 
 
 Supervising employees concerned with load- 
 ing of vessels as vice principals. 51 
 L.R.A. 582. . 
 
 12. For acts of master of vessel. 
 
 Owners' liability for acts of master of vessel 
 towards persons having no claim 
 on owners by reason of contract, 
 incipient or perfected. 27 L.R.A. 
 182. 
 
 13. For acts of employees. 
 
 Liability for acts of servants in making out 
 false bill of lading. 27 L.R.A. 172. 
 
 Master's liability for injury done by serv- 
 ant to third person in use of water 
 craft placed in his custody. 10 L.R.A. 
 (N.S.) 389. 
 
 Liability of steamship company for mali- 
 cious acts of employees towards passen- 
 gers. 4 L.R.A. (N.S.) 494. 
 
 14. For acts of vice principal. 
 
 Master's liability for vice principal's negli- 
 gence in navigating ships. 54 L.R.A. 
 133. 
 
 Master's liability for vice principal's negli- 
 gence in handling ships in decks. 54 
 L.R.A. 133. 
 
 Begin witJi tJiis booh on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1225 
 
 SHIPPING, III. cont'd 
 sj 15. For acts of independent con- 
 tractors. 
 
 Employer's nonliability for independent con- 
 tractor's management of vessel. 65 
 L.R.A. 644. 
 
 Employer's nonliability for acts of independ- 
 ent contractor in loading or unloading 
 of ships. 65 L.R.A. 644, 654. 
 
 Employer's liability for work of independ- 
 ent contractor which is dangerous to 
 owners of vessels navigating rivers. 65 
 L.R.A. 855. 
 
 16. who are independent contrac- 
 tors. 
 
 Persons engaged in construction and re- 
 pair of ships as. 65 L.R.A. 470. 
 
 Persons engaged in unloading ships as. 65 
 L.R.A. 494. 
 
 IV. Charter party; loading and un- 
 loading. 
 
 17. Charter party. 
 
 Effect of breaking out of war between coun- 
 tries of parties to charter party. 
 L.R.A.1917C, 667. 
 
 Effect upon character of sum agreed upon 
 for breach as penalty or liquidated 
 damages of single or multiple stipu- 
 lations in contract. L.R.A.1915E, 380. 
 
 Right to rescind or abandon charter party. 
 30 L.R.A. 37. 
 
 Admiralty jurisdiction of. 66 L.R.A. 200, 
 223/ 
 
 Loss of profits as element of damages for 
 breach of charter or rental of vessels. 
 53 L.R.A. 105. 
 
 Validity of agreement to pay commission 
 for obtaining charter for steamship 
 from United States. 3 L.R.A.(N.S.) 
 747. 
 
 18. provision as to demurrage. 
 
 Deimirrage generally, see CABRIEES, 141. 
 
 Effect and construction of express provision 
 in charter party against demurrage in 
 case of strike. 5 L.R.A. (N.S.) 126. 
 
 19. Loading and unloading vessels. 
 
 Effect of strikes on unloading. 35 L.R.A. 
 630. 
 
 Employer's nonliability for acts of inde- 
 pendent contractor in loading or un- 
 loading ship. 65 L.R.A. 644, 654. 
 
 Persons engaged in unloading ships as in- 
 dependent contractors. 65 L.R.A. 470. 
 
 V. Limited liability. 
 
 20. Generally. 
 
 Law covering limitation of liability. L.R.A. 
 
 1916B, 042. 
 Applicability to government of statutes 
 
 limiting liability of shipowners. L.R.A. 
 
 1917C, 1110. 
 Lack of knowledge or privity on part of 
 
 owner as a condition of limitation of 
 
 liability under act of 1884. 22 L.R.A. 
 
 (N.S.) 769. 
 Consult 1so L.R.A. Digests of Cases. 
 
 SHIPPING ARTICLES. 
 
 Presumption as to time of alteration in. 
 39 L.R.A. (N.S.) 108. 
 
 SHIPPING FACILITIES. 
 
 Right to compensation for interference with. 
 52 L.R.A. (N.S.) 192. 
 
 SHIPPING RECEIPTS. 
 
 To whom delivery mav be made under. 38 
 L.R.A. 362. 
 
 SHIPPING REGISTER. 
 
 Admissibility of, as proof of partnership. 
 20 L.R.A. 599. 
 
 SHIPS. 
 
 See SHIPPING, 4; VESSELS. 
 
 SHIP'S HUSBAND. 
 
 Right of, to maritime lien for advances. 70 
 L.R.A. 416. 
 
 SHIP'S PAPERS. 
 
 Power of consul to retain. 45 L.R.A. 500. 
 
 SHIPWRECK. 
 
 See WRECKS. 
 
 SHOOTING. 
 
 Negligence in. 14 L.R.A. 675. 
 
 As an assault. 14 L.R.A. 226. 
 
 Master's liability for wrongful shooting by 
 
 employee. 27 L.R.A. 197, 201. 
 Locality of crime committed by shooting 
 
 across state boundary. 28 L.R.A. 59. 
 Assault with intent to murder or kill by 
 
 shooting into crowd. 37 L.R.A. (N.S.) 
 
 173. 
 
 SHOOTING GALLERY. 
 
 Liability of person maintaining, for safety 
 of patrons. 1 L.R.A.(N.S.) 427: 3 
 L.R.A. (N.S.) 1132; L.R.A.1915F, 690.
 
 1226 
 
 INDEX TO L.R.A. NOTES. 
 
 SHOPKEEPER. 
 
 See STOREKEEPER. 
 
 SHOPS. 
 
 Requirement of license for. 24 L.R.A. 585. 
 Application to employees in, of statutes 
 
 abrogating fellow-servant rule. 47 
 
 L.R.A. (N.S.) 117, 119. 
 What passes under devise or bequest of. 
 
 L.R.A.1917D, 435. 
 
 SHORE. 
 
 Relative rights of public and individuals in, 
 see WATERS, 12-17. 
 
 What is. 45 L.R.A. 242. 
 
 Liability for removal of lateral or subja- 
 cent support of shore property. 68 
 L.R.A. 682. 
 
 Riparian owner's right to protect from en- 
 croachment of water. 6 L.R.A. (N.S.) 
 ]62. 
 
 Right of way on. 4 L.R.A.(N.S.) 872. 
 
 Right of public to bathe on. 8 L.R.A. 
 (N.S.) 1047. 
 
 Effect of bounding land by '"seashore." 
 4 B. R. C. 745. 
 
 SHORE LANDS. 
 
 Of municipality, see MUNICIPAL CORPORA- 
 TIONS, 71. 
 
 Law of accretions to. 58 L.R.A. 193. 
 
 SHORE LINE. 
 
 Does public easement in street terminating 
 at shore line follow recession of shore 
 line. 22 L.R.A. (N.S.) 593. 
 
 SHORTHAND. 
 
 Instruction in, as a necessary for an in- 
 fant. 42 L.R.A.(N.S.) 1115. 
 
 SHORTHAND NOTES. 
 
 40 L.R.A. 
 
 Impeachment of enrolled bill by. 
 
 (N.S.) 32. 
 Right of jury to have reporter's shorthand 
 
 SHOW. 
 
 In general, see AMUSEMENTS. 
 
 Carrier's liability for preventing, by breach 
 of contract of carriage. 49 L.R.A. 
 (N.S.) 491. 
 
 SHOWCASES. 
 
 As fixtures. 43 L.R.A. (N.S.) 675. 
 On sidewalk, as a nuisance; municipal pow- 
 er over. 39 L.R.A. 661. 
 
 SHO\VERS. 
 
 Appointment and duties of showers in tak- 
 ing view. 42 L.R.A. 376. 
 
 SHRUBBERY. 
 
 Measure of damages for injury to or de- 
 struction of. 11 L.R.A.(N.S.) 930; 28 
 L.R.A. (N.S.) 757; 37 L.R.A. (N.S.) 
 1115. 
 
 Right to shrubs growing in highway. 33 
 L.R.A.(N.S.) 1053. 
 
 SHUN PIKE. 
 
 Establishemnt of, as invasion of franchise 
 of toll road. L.R.A.1917D, 341. 
 
 SHUTTING OFF SUPPLY. 
 
 Of gas, see GAS, 6. 
 
 Of water, see WATERS, 115. 
 
 SICKNESS. 
 
 1. Generally. 
 
 As excuse for nonperformance of contract, 
 see CONTRACTS, 125. 
 
 Allowance for mental anguish from failure 
 to deliver telegram announcing, see 
 DAMAGES, 103. 
 
 As ground for injunction against judgment, 
 see INJUNCTION, 54. 
 
 Care due toward sick person, see NEGLI- 
 GENCE, 12. 
 
 Sick persons, see SICK PERSONS. 
 
 As act of God. 4 L.R.A. (N.S.) 898. 
 Effect to relieve from contract. 14 L.R.A. 
 
 217. 
 As defense to action for breach of promise 
 
 to marry. 7 L.R.A. (N.S.) 582; L.R.A. 
 
 1916D, 1276. 
 
 notes read to them. 21 L.R.A. (N.S.) I Of party as ground for continuance. 42 
 931. L.R.A. (N.S.) 660. 
 
 Begin with this ftoofc on every laiv question.
 
 INDEX TO L.R.A. NOTES. 
 
 1227 
 
 SICKNESS cont'd 
 
 As ground for injunction against judgment. 
 30 L.R.A. 794. 
 
 Liability of municipal corporation for sick- 
 ness caused by sewage or drainage. 22 
 L.R.A. (N.S.) 940. 
 
 Liability of landlord to tenant for sick- 
 ness due to unsanitary condition of 
 premises. L.R.A.1917A, 994. 
 
 What is "last sickness" permitting noncupa- 
 tive will. 13 L.R.A.(N.S.) 1092. 
 
 Admissibility of expressions or statements 
 of present pain during sickness or sub- 
 sequent to injuries. 24 L.R.A. (N.S.) 
 253. 
 
 Slander in charging woman with unehastity 
 causing sickness. 24 L.R.A.(N.S.) 603. 
 
 Right of teacher to salary during. 50 L.R.A. 
 371. 
 
 As element of damages for delaying person 
 blocking railroad crossing. 44 L.R.A. 
 (X.S.) 1070. 
 
 2. Bequest for relief of. 
 
 Validity of bequest for relief of. 14 L.R.A. 
 (X.S.) 102; 37 L.R.A. (N.S.) 1008, 
 1013. 
 
 2a. Of attorney. 
 
 Sickness of attorney employed on a con- 
 tingent fee, before final adjudication or 
 settlement, as affecting compensation. 
 52 L.R.A. (N.S.) 381. 
 
 3. Of judge. 
 
 Personal liability of executor or administra- 
 tor for interest where settlement of es- 
 tate is delayed by illness of judge. 31 
 L.R.A. (N.S.') 359. 
 
 4. Of juror. 
 
 Agreement in verdict by remaining jurors. 
 43 L.R.A. 69. 
 
 5. Of witness. 
 
 Right to have direct testimony stricken out 
 where cross-examination is interrupted 
 by illness of witness. 14 L.R.A. (N.S.) 
 493. 
 
 Of witness as ground for admission of testi- 
 mony given upon preliminary examina- 
 tion in a criminal case. 25 L.R.A. 
 (N.S.) 873. 
 
 (>. Of passenger. 
 
 Carrier's duty towards sick or disabled pas- 
 senger, see CARRIERS, 39, 40. 
 
 As proximate result of discharging pas- 
 senger at improper place or one not his 
 destination. 7 L.R.A. (N.S.) 1180. 
 
 7. Of copartner. 
 
 Right to compensation for extra services 
 necessitated by copartner's illness. 17 
 L.R.A. (N.S.) 395. 
 
 As ground for dissolution of partnership. 
 47 L.R.A. (N.S.) 843. 
 
 8. Of insured. 
 
 Insurance against generally, see INSURANCE. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SICKNESS cont'd 
 
 Effect of assured's ill-health at time of ap- 
 plication for insurance. 17 L.R.A. 
 (N.S.) 1144. 
 
 Effect of stipulation in application or pol- 
 icy of insurance, that it shall not be- 
 come binding unless delivered to as- 
 sured while in good health. 43 L.R.A. 
 (N.S.) 725. 
 
 Effect of refusal to deliver policy contain- 
 ing stipulation that it shall not be- 
 come binding unless delivered to as- 
 sured while in good health because of 
 illness of assured. 17 L.R.A.(N.S.) 
 1146; L.R.A.1916F, 174. 
 
 Effect of delivery while assured is ill of 
 policy containing stipulation that it 
 shall not become binding unless de- 
 livered while assured is in good health. 
 37 L.R.A.(N.S.) 1150. 
 
 Previous diseased condition as affecting lia- 
 bility on insurance policy for death 01 
 injury from accident. 34 L.R.A. (N.S.) 
 445; 52 L.R.A. (N.S.) 1203. 
 
 As total disability of insured. 38 L.R.A. 
 537; L.R.A.1917B, 108. 
 
 Validity of provision in policy requiring 
 notice of sickness within specified time. 
 ]8 L.R.A. (N.S.) 10(5. 
 
 Effect of incapacitating illness on failure to 
 pay insurance premium when due. 12 
 L.R.A. (N.S.) 319; 46 L.R.A. (N.S.) 
 537. 
 
 Effect of sickness of insured as excuse for 
 failure to give notice or furnish proofs 
 of loss as required by policy of fire in- 
 surance. L.R.A.1917A, 305*. 
 
 9. Of employee. 
 
 Servant's right to compensation qn part 
 performance due to, see MASTER AND 
 SERVANT, 26. 
 
 10. Of member of crew of vessel. 
 
 See SEAMEN, 4. 
 
 11. Of live stock. 
 
 See ANIMALS, 17. 
 
 SICK PERSON. 
 
 Carrier's duty towards, see CARRIERS, 
 
 39, 40. 
 Duty towards sick seamen, see SEAMEN, 4. 
 
 Care due to, when no contract relation ex- 
 ists. 69 L.R.A. 513. 
 
 Liability of property owner for compelling 
 removal of sick person. 17 L.R.A. 
 (N.S.) 510. 
 
 Settlement of, as affecting liability for sup- 
 port in time of epidemic. 26 L.R.A. 
 729. 
 
 SIDE TRACKS. 
 
 See SPUR TRACKS AND SIDINGS.
 
 1228 
 
 INDEX TO L.R.A. NOTES. 
 
 SIDEWALKS. 
 
 In general, see HIGHWAYS; PUBLIC IM- 
 PROVEMENTS. 
 
 Power to require railroad to construct side- 
 walk across its tracks or right of way. 
 L.R.A.1918D, 1157. 
 
 SIDE WALLS. 
 
 Party walls, see PARTY WALL. 
 Landlord's duty as to. 14 L.R.A. 241. 
 
 SIDINGS. 
 
 See SPUB TBACKS AND SIDINGS. 
 
 SIGNALS. 
 
 To employee, see MASTER AND SERVANT, 
 
 72-78, 165. 
 Of approach of railroad train, see RAIL- 
 
 ROADS, 57, 66-69. 
 
 Signal of traffic officer as affecting duty of 
 travelers to exercise care. L.R.A. 
 1917B, 137. 
 
 Duty of operator of automobile as to. 38 
 'L.R.A.(N.S.) 489; 51 L.R.A.(N.S.) 
 996. 
 
 Carrier's liability for injury resulting from 
 negligent or meddlesome act of fellow 
 passenger in giving. 37 L.R.A. (N.S.) 
 726; 49 L.R.A. (N.S.) 811; L.R.A.1918F, 
 819. 
 
 Effect of signalling car to make one a pas- 
 senger. 13 L.R.A. (N.S.) 283; 25 
 L.R.A.(N.S.) 408; L.R.A.1916C, 1022. 
 
 SIGNAL TORPEDOES. 
 
 Injury to railroad employee by torpedoes 
 on the track. 16 L.R.A. (N.S.) 1084. 
 
 As dangerous agency for injury by which, 
 when used by servant, master is liable. 
 10 L.R.A.(N.S.) 378, 398. 
 
 Liability for injury to children from signal 
 torpedo left accessible to them. 14 
 L.R.A.(N.S.) 586; L.R.A.1917A, 1296. 
 
 SIGNATURE. 
 
 Duty of bank to know signature of deposi- 
 tor, see BANKS, 24. 
 
 To commercial paper, see BILLS AND NOTES, 
 8, 9. 
 
 Guaranty of, see BILLS AND NOTES, 9; 
 PRINCIPAL AND SURETY, 7. 
 
 Forgery of, see BANKS, 24, 29; BILLS 
 AND NOTES, 36; FORGERY. 
 
 Ratification of forged signature, see RATI- 
 FICATION, 8. 
 
 SIGNATURE cont'd 
 
 To instrument required by statute of frauds, 
 
 see CONTRACTS, 53, 54. 
 To deed, see DEEDS, 5. 
 Proof of, see EVUENCE, 198-205. 
 By mark, see MARK, 2, 3. 
 By proxy, see PROXY. 
 To bills, see STATUTES, 6. 
 Of testator, see WILLS, 20-24. 
 Of witnesses to will, see WILLS, 30. 
 Of writ and process by proxy, see WRIT 
 
 AND PROCESS, 2. 
 
 Effect of omission of, in copy of writ or 
 process delivered to person served. 
 L.R.A.1917C, 153. 
 
 Matter following, as part of contract. 5 
 L.R.A. (N.S.) 436. 
 
 Becoming surety for surety by'adding words 
 to signature. 21 L.R.A/247. 
 
 Typewritten, printed, or stamped signature 
 of legal process or other legal papers. 
 L.R.A.1917B, 285. 
 
 Sufficiency of printed or stamped signature 
 within statute of frauds. 37 L.R.A. 
 (X.S.) 352. 
 
 Waiver of requirement of signature to rail- 
 wav ticket or coupon. 30 L.R.A. (N.S.) 
 432*. 
 
 Personal liability of one who signs contract 
 by adding words indicating representa- 
 tive capacity to his signature. 42 
 L.R.A. (N.S.) 1. 
 
 To deed by attorney in fact or agent. 41 
 L.R.A.(N.S.) 805. 
 
 To initiative or referendum petition. 50 
 L.R.A.(N.S.) 221; L.R.A.1917B, 36. 
 
 Failure to sign application as avoiding acci- 
 dent, life, or mutual benefit insurance 
 policy. 4 B. R. C. 468. 
 
 Duty of government official to know signa- 
 ture of drawer of draft. L.R.A. 19J5D, 
 797. 
 
 Signature made by hand of unconscious 
 person. L.R.A.1915B, 678. 
 
 SIGNBOARDS. 
 
 Allowance of, in street, see HIGHWAYS, 
 
 19a. 
 Injury to traveler by, see HIGHWAYS, 68, 
 
 83. 
 See also BILLBOARD. 
 
 Compensation for making, as element of 
 damages for laying out street across 
 railway property. 24 L.R.A. (N.S.) 
 1235. 
 
 Begin ivith this booTc on every law question. 
 
 SIGNS. 
 
 Signboards, see SIGNBOARDS. 
 Injury to traveler by fall of, see HIGH- 
 WAYS, 68. 
 
 Giving of dying declaration by. 56 L.R.A. 
 
 427. 
 Admissibility as dying declarations of 
 
 answers by. 2 B. R. C. 922.
 
 SIGNS cont'd 
 
 Posting signs warning trespassers as affect- 
 ing liability of railroad company for 
 injury to person walking on track. 
 47 L.R.A. (N.S.) 506. 
 
 Necessity for, and compliance with, provi- 
 sions as to placing of signs in acts reg- 
 ulating speed of automobiles. L.R.A. 
 1918D, 142. 
 
 INDEX TO L.R.A. NOTES. 
 
 SINGLE TRANSACTION. 
 
 1229 
 
 SILENCE. 
 
 Estoppel by, see ESTOPPEL, 18-26. 
 As fraud, see FRAUD AND DECEIT, 6. 
 
 Silence of accused on statement in his pres- 
 ence as a confession. 25 L.R.A. (N.S. ) 
 543. 
 
 Effect of mere silence between parties sus- 
 taining trust or confidential relations, 
 to toll statute of limitations. 21 L.R.A. 
 (N.S.) 963. 
 
 Ratification of the unauthorized act of an 
 agent by silence. L.R.A.1918C, 222. 
 
 SILVER. 
 
 Validity of contract to pay in, see CON- 
 TRACTS, 89. 
 
 Form of judgment on obligation to pay in. 
 29 L.R.A. 593. 
 
 SIMILAR ACTS. 
 
 Evidence of, see EVIDENCE, 272-275. 
 
 SIMPLE CONTRACT. 
 
 As assets giving jurisdiction to bind ad- 
 ministrator. 24 L.R.A. 685. 
 
 SIMULATED DEBTS. 
 
 Inclusion of, as participation by creditor in 
 debtor's fraudulent intent. 31 L.R.A. 
 632. 
 
 SIMULATION. 
 
 See UNFAIR COMPETITION. 
 
 SINGLENESS. 
 
 Of special verdict. 24 L.R.A. (N.S.) 48. 
 Consult also L.R.A. Digests of Cases. 
 
 By foreign corporation as doing business 
 within state. 10 L.R.A.(N.S.) 693. 
 
 SINGULARITY. 
 
 As proof of incapacity of testator. 
 L.R.A.(N.S.) 56. 
 
 27 
 
 SINKING FUND METHOD. 
 
 Of treatment of depreciation in estimating 
 the return of a public service corpora- 
 tion for rate-making purposes. 52 
 L.R.A.(N.S.) 33. 
 
 SINKS. 
 
 Landlord's duty as to. 14 L.R.A. 240. 
 
 SISTER. 
 
 SISTER-IN-LAW. 
 
 See BROTHERS-IN-LAW AND SISTERS-IN-LAW. 
 
 SITUATION. 
 
 Right to rely on representations as to. 37 
 L.R.A. 610. 
 
 SITUS. 
 
 Of debt, see DEBT, 4; GARNISHMENT, 12. 
 For purpose of taxation, see TAXES, 
 
 40-49, 100. 
 See also CONFLICT OF LAWS. 
 
 Of corporate stock for purpose of transfer 
 on books of corporation. L.R.A.1915C, 
 471. 
 
 SIZE. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 692. 
 
 SKATING. 
 
 Reciprocal duty of driver of automobile 
 and child 'skating in street. L.R.A. 
 1918A, 257.
 
 1230 
 
 INDEX TO L.R.A. NOTES. 
 
 SKATING cont'd 
 
 Contributory negligence of child injured 
 
 while skating in street. L.R.A.1917F, 
 
 99. 
 Liability of one who renders ice unsafe for 
 
 skating. L.R.A.1918A, 408. 
 
 SKATING RINK. 
 
 As a place of amusement within civil rights 
 
 acts. 19 L.R.A.(N.S.) 907. 
 Power of municipality to declare, a nuisance 
 
 perse. 31 L.R.A. (N.S.) 548. 
 
 SKETCHES. 
 
 Use of, by counsel in arguing to jury. 
 L.R.A.1918D, 80. 
 
 SKIDDING. 
 
 Injury bv automobile while skidding. 38 
 L.R.A.(N.S.) 495; 51 L..R.A.(N.S.) 
 1006. 
 
 Applicability of doctrine of res ipsa loqui- 
 tur where accident to passenger is occa- 
 sioned by skidding of vehicle. 3 B. R. 
 C. 97. 
 
 Liability for injury by skidding due to oil- 
 ing street. L'.R.A.1917F, 712. 
 
 SKY LARKING. 
 
 Recovery under Workmen's Compensation 
 Acts for injuries caused by. L.R.A. 
 1918E, 504. 
 
 SLACK. 
 
 Burning slack, as a nuisance. 48 L.R.A. 
 (N.S.) 244. 
 
 SLANDER. 
 
 See LIBEL AND SLANDER. 
 
 SLANDER OF TITLE. 
 
 See LIBEL AND SLANDER, 31. 
 
 SLAUGHTER HOUSES. 
 
 38 
 
 Municipal power over, as nuisances. 
 L.R.A. 646. 
 
 Power of city to prohibit slaughtering ex- 
 cept at certain places. 24 L.R.A. 586. 
 
 Power to make use of property for, condi- 
 tional on consent of neighbors. 8 
 L.R.A. (N.S.) 978. 
 
 Begin with this book on every law question. 
 
 SLAVES. 
 
 1. Generally. 
 
 Specific performance of contract as to. 
 L.R.A.1918E, 619. 
 
 Instigation to steal. 25 L.R.A. 344. 
 
 Instigation to trade with. 25 L.R.A. 344. 
 
 Adverse possession of, under parol gift. 35 
 L.R.A. 839. 
 
 Part performance of contracts for services 
 of. 24 L.R.A. 231. 
 
 Criminal liability for dealing of partner, 
 tigent, or servant with. 41 L.R.A. 658. 
 
 Voluntariness of confession to master. 18 
 L.R.A. (N.S.) 854. 
 
 Admissibility of dying declarations of. 56 
 L.R.A. 360. 
 
 Admissibility of declarations of slave as af- 
 fected by incompetency as a witness. 
 L.R.A.1915E, 205. 
 
 Rights as between life tenant and re- 
 mainderman to increase of. L.R.A. 
 1915C, 849. 
 
 Right to recover for hire of slaves, between 
 time of judgment in detinue for their 
 recovery and affirmance of judgment on 
 appeal. 52 L.R.A. (N.S.) 1199. 
 
 Effect of admission of state into the Union 
 upon provisions of ordinance of 1787 
 as to slavery. 52 L.R.A. (N.S.) 307. 
 
 Presumption and burden of proof as to neg- 
 ligence in case of injury to, or escape 
 of. 43 L.R.A.(N.S.) 1191. 
 
 Liability of hirer of slaves under special 
 terms of contract for their care or re- 
 turn. L.R.A.1915B, 297, 305. 
 
 Excessiveness of verdicts in action by mas- 
 ter for injury to slave. L.R.A.1915F, 
 491. 
 
 Question relating to slavery as Federal 
 question. 62 L.R.A, 539. 
 
 2. Duty and liability to. 
 
 Duty to furnish medical aid to. 28 L.R.A. 
 
 555. 
 Master's dutv to provide medical assistance 
 
 for. 4 L.R.A.(N.S.) 49. 
 Master's liability for act of overseer in 
 
 striking or whipping slave. 27 L.R.A. 
 
 197. 
 Homicide bv excessive chastisement of slave. 
 
 60 L.R*.A. 804. 
 
 3. Escape of. 
 
 Master's liability for acts of servant in 
 
 permitting slave to escape. 27 L.R.A. 
 
 171. 
 Presumption and burden of proof as to 
 
 negligence in case of escape of. 43 
 
 L.R.A. (N.S.) 1191. 
 
 4. Sale of. 
 
 Specific performance of contract. L.R.A. 
 1918E, 619. 
 
 Validity of sale of, in violation of law. 12 
 L.R.A.(N.S.) 598. 
 
 Injunction against sale of, under execu- 
 tion. 30 L.R.A. 117. 
 
 Does warranty extend to obvious defects in. 
 12 L.R.A*.(N.S.) 82. 
 
 Does express warranty as to soundness of 
 slave exclude implied warranty in re- 
 gard thereto. 33 L.R.A. ( N.S. )* 504.
 
 INDEX TO L.E.A. .NOTES. 
 
 1231 
 
 SLEDGE HAMMER. 
 
 Master's liability for injury ty defect in. 
 13 L.R.A. (N.S.) 671; 51 L.R.A. (N.S.) 
 339; L.R.A.1918D, 1141. 
 
 SLEEPING CAR COMPANIES. 
 
 See CARRIERS, 96, 97. 
 
 SLIDING. 
 
 In streets as nuisance. 39 L.R.A. 679. 
 
 SLOT MACHINE. 
 
 Operation of, as gambling. 20 L.R.A. (N.S.) 
 239; 34 L.R.A. (N.S.) 573; 42 L.R.A. 
 (N.S.) 720. 
 
 Slot machine as violating statute against 
 Sunday trading. 7 B. R. C. 294. 
 
 SLOUGHS. 
 
 As part of boundary between states. 25 
 L.R.A. (N.S.) 649. 
 
 SLUT. 
 
 Slander in charging woman with being, see 
 LIBEL AND SLANDER. 12. 
 
 SMALLPOX. 
 
 Hospital for, see HOSPITALS. 
 Vaccination for, see HEALTH, 10. 
 
 SMELLS. 
 
 See ODORS. 
 
 SMELTING WORKS. 
 
 Supervising employees in, as vice principals. 
 51 L.R.A. 534, 581. 
 
 SMOKE. 
 
 1. Generally. 
 
 As element of damages, see DAMAGES, 87a. 
 
 Duty of traveler approaching railroad cross- 
 ing where view near track is obstructed 
 by smoke from another train. 37 L.R.A. 
 (N.S.) 144. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SMOKE cont'd 
 
 2. Liability as to. 
 
 Liability of landlord to third persons as to. 
 26 L.R.A. 201. 
 
 Loss of insured property by smoke from 
 heating apparatus without actual igni- 
 tion. 25 L.R.A. (X.S.) 501. 
 
 3. Regulation and control of. 
 
 As nuisance, see NUISANCES, 5. 
 
 Presumption as to statutory authority to 
 commit nuisance of. 70 L.R.A. 594. 
 
 Liability of railroad for creating nuisance. 
 32 L.R.A. (N.S.) 371. 
 
 SMOKING. 
 
 Power to prohibit or restrict use of tobacco. 
 51 L.R.A.(N.S.) 562. 
 
 SMUGGLERS. 
 
 See DUTIES. 
 
 SNATCHING. 
 
 As force constituting robbery. 57 L.R.A. 
 432; 46 L.R.A. (N.S.) 1150, 
 
 SNOW. 
 
 On street or sidewalk, see HIGHWAYS, 56, 
 71, 84, 86, 91. 
 
 Res ipsa loquitur in action for injury on 
 
 highway by fall of snow from roof. 
 
 43 L.R.A. (N.S.) 597. 
 Right to discharge from roof upon premises 
 
 of adjoining owner. L.R.A.1D16A, 6!)3. 
 Duty of railroad company as to snow on 
 
 cattle guards. 36 L.R.A. (N.S.) 997; 
 
 L.R.A.1915B, 134. 
 
 Effect of, on question of negligence in run- 
 ning train at speed preventing stoppage 
 
 within distance disclosed bv headlight. 
 
 39 L.R.A. (N.S.) 980. 
 Snow storm as act of God relieving carrier 
 
 from liability. 24 L.R.A.(N.S.) 1209. 
 Duty of carrier of passengers to keep steps 
 
 of cars free from. 15 L.R.A. (N.S.) 
 
 523; 35 L.R.A. (N.S.) 592. 
 Servant's assumption of risk of injury from 
 
 snow on working place. 19 L.R.A. 
 
 (N.S.) 365. 
 Forgetfulness of, as contributory negligence. 
 
 39 L.R.A.(N.S.) 898. 
 
 SNOW STORM. 
 
 As act of God relieving carrier from lia- 
 bility. 24 L.R.A.(N.S.) 1209.
 
 1232! 
 
 INDEX TO L.R.A. NOTES. 
 
 SOCIAL CLUBS. 
 
 See CLUBS. 
 
 SOCIALISM. 
 
 Validity of bequest for education in. 37 
 
 L.R.A.(N.S.) 1007. 
 Validity of statutory or other regulation 
 
 forbidding display of red flag or other 
 
 symbol tending to incite disorder. 
 
 L.R.A.1915B, 700. 
 
 SOCIAL MEETING. 
 
 Character of essential to offense of disturb- 
 ing meeting. 30 L.R.A. (N.'S.) 832. 
 
 SOCIAL TREATING. 
 
 See TBEATING. 
 
 SOCIETY. 
 
 Various kinds of societies, see ASSOCIA- 
 TIONS; CLUBS; BENE\ ? OLENT SOCIETIES; 
 RELIGIOUS SOCIETIES. 
 
 Constitutionality of discrimination against 
 women in restrictions of. 49 L.R.A. 
 115. 
 
 SODA FOUNTAIN. 
 
 As place of public accommodation within 
 meaning of the civil rights act. 9 
 L.R.A.(N.S.) 601. 
 
 As place of amusement within civil rights 
 acts. 19 L.R.A.(N.S.) 907. 
 
 SODDING. 
 
 Mechanic's lien for. L.R.A.1917D, 353. 
 
 SODOMY. 
 
 May sodomy be committed by penetration 
 
 of mouth. 27 L.R.A. (N.S.) 478; 45 
 
 L.R.A.(N.S.) 473. 
 Threat to charge with, as constructive force 
 
 sufficient for robbery. 57 L.R.A. 440. 
 Truth of charge as to, as defense to civil 
 
 action for libel or slander. 31 L.R.A. 
 
 (N.S.) 146. 
 Evidence of other crimes in prosecution for. 
 
 46 L.R.A.(N.S.) 266. 
 Age of alleged accomplice as affecting neces- 
 
 sity of corroboration of testimony. 
 
 L.R.A.1915E, 1224. 
 
 SOFT COAL. 
 
 Use of, as a nuisance. 13 L.R.A. (N.S.) 465.' 
 
 SOFT DRINKS. 
 
 Regulation of sale of, see INTOXICATING 
 
 LIQUORS, 4. 
 What liquors are intoxicating, see INTOXI- 
 
 CATING LIQUORS, 30. 
 
 SOIL. 
 
 Right to soil in highway, see HIGHWAYS, 
 
 44. 
 
 Right of municipality to take soil from 
 highway to injury of fee. 12 L.R.A. 
 (N.S.) 1164. 
 
 SOLAR TIME. 
 
 See TIME, 13. 
 
 SOLDIERS. 
 
 Pensions to, see PENSIONS. 
 
 Soldiers' and seamen's wills. 4 B. R. C. 
 
 899. 
 Appropriations for public aid in furnishing. 
 
 14 L.R.A. 476. 
 Constitutional protection of right to vote. 
 
 25 L.R.A.482. 
 
 SOLDIERS' HOME. 
 
 Liability of, to process of garnishment in 
 
 state courts. 46 L.R.A. (N.S.) 301. 
 Acquiring residence as a voter while an 
 
 inmate of. 23 L.R.A. 215; 40 L.R.A. 
 
 (N.S.) 168. 
 Jurisdiction of estate of inmate of. 39 
 
 L.R.A. (N.S.) 586. 
 
 SOLE AGENCY. 
 
 By real estate broker for sale of land. 44 
 L.R.A. 350. 
 
 Begin icitli this &oo7c on every law question. 
 
 SOLE AND UNCONDITIONAL 
 OWNERSHIP. 
 
 See INSURANCE, 68.
 
 INDEX TO L.R.A. NOTES. 
 
 1233 
 
 SOLE BENEFICIARY. 
 
 Admissibility of declarations of, to show 
 lack of testamentary capacity or undue 
 influence. 38 L.R.A.(N.S.) '741. 
 
 SOLE DEBTOR. 
 
 Effect of death of sole judgment debtor on 
 remedy by execution. 61 L.R.A. 362. 
 
 SOLICITATION. 
 
 To commit crime, see CRIMINAL LAW, 18. 
 Of patronage at railway station, see CAR- 
 RIERS, 152. 
 
 To violate injunction as justification for so 
 doing. 9 L.R.A. (N.S.) 304. 
 
 Eight of attorney at law to solicit business. 
 9 L.R.A.(XlS.) 282; 33 L.R.A. (N.S.) 
 941; L.R.A.1917B, 1128. 
 
 Right of vendor of business and good will 
 to solicit customers from patrons of 
 business sold. 19 L.R.A. (N.S.) 767. 
 
 Right in absence of negative covenant to 
 enjoin employee from soliciting busi- 
 ness from customers of employer. 31 
 L.R.A.(N.S.) 260. 
 
 License or occupation tax on persons en- 
 gaged in soliciting orders by sample or 
 otherwise as a violation of the com- 
 merce clause. 19 L.R.A. (N.S.) 297; 
 28 L.R.A.(N.S.) 265. 
 
 Soliciting trade as doing business within 
 state. 9 L.R.A. (N.S.) 1214; L.R.A. 
 1916E, 236. 
 
 Power of state to prohibit solicitation of 
 orders for intoxicating liquors by mail 
 sent from another state. 36 L.R.A. 
 (N.S.) 443. 
 
 SOLICITOR. 
 
 See also ATTORNEYS . 
 
 Measure of damages to solicitor for breach 
 of advertising contract. 22 L.R.A. 
 (N.S.) 273. 
 
 SOLVENCY. 
 
 Insolvency, see INSOLVENCY. 
 
 Implied warranty of, on transfer without 
 indorsement of check or note of third 
 person. 10 L.R.A. (N.S.) 647. 
 
 SON. 
 
 See PARENT AND CHILD. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SON-IN-LAW. 
 
 See FATHER-IN-LAW AND SON-IN-LAW. 
 
 SOOT. 
 
 Loss of insured property by soot from heat- 
 
 ing apparatus without actual ignition. 
 
 25 L.R.A. (N.S.) 501. 
 Right to compensation for consequential 
 
 damages to property from. 17 L.R.A. 
 
 (N.S.) 1054. 
 
 SORORITIES. 
 
 Forbidding student's affiliation with secret 
 society. L.R.A.1915D, 588. *r<. 
 
 SORROW. 
 
 As element of damages, see DAMAGES, 
 96-106. 
 
 SOUND. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 728. 
 
 SOUNDNESS. 
 
 What amounts to breach of warranty of 
 soundness of horse. 32 L.R.A. (N.S.) 
 
 182. 
 
 SOVEREIGN. 
 
 As a person. 19 L.R.A. 223. 
 
 Jurisdiction of suit against foreign sover- 
 eign. 16 L.R.A.(N.S.) 276. 
 
 Extent of right to obstruct or destroy 
 rights of navigation. 59 L.R.A. 33. 
 
 SPANISH GRANT. 
 
 Location of mining claim on. 7 L.R.A. 
 (N.S.) 786. 
 
 78 
 
 SPARK ARRESTER. 
 
 Private action for violation of statutes re- 
 quiring. L.R.A.1915E, 539. 
 
 Negligence as to, on threshing or similar 
 stationary engines. 1 L.R.A. (N.S.) 530.
 
 1234 
 
 INDEX TO L.R.A. NOTES. 
 
 SPARKS. 
 
 Fh-es set by sparks from locomotives, see 
 RAILROADS, 77, 78, 86. 
 
 Liability of railroad company for personal 
 injuries to passenger struck by sparks 
 or cinders escaping from locomotive. 
 18 L.R.A. (N.S.) 241. 
 
 Liability of railroad for personal injuries 
 from sparks thrown on adjoining prop- 
 erty or highway. 31 L.R.A. (N.S.) 983. 
 
 Liability of elevated railway company for 
 personal injury by spark to person on 
 surface of street/ 42 L.R.A. (N.S.) 92. 
 
 Liability for fires set by sparks from chim- 
 ney. 32 L.R.A. (N.S.) 1003. 
 
 SPECIAL ASSESSMENTS. 
 
 See DRAINS AND SEWERS, 12-14; PUBLIC 
 IMPROVEMENTS, IV. 
 
 SPECIAL, ATTORNEY. 
 
 Appearance of, before 
 L.R.A.(N.S.) 568. 
 
 grand jury. 33 
 
 SPECIAL BARGAINS. 
 
 Loss of profits from loss of, as damages. 
 53 L.R.A. 45. 
 
 SPECIAL BENEFIT. 
 
 Setting off, against damages in eminent do- 
 main proceedings, see DAMAGES, 93. 
 
 As basis for assessment for public improve- 
 ment, see PUBLIC IMPROVEMENTS, 26. 
 
 SPECUL CARS. 
 
 Railroad companies as private carriers in 
 drawing. 30 L.R.A. 161; 48 L.R.A. 
 (N.S.) 990. 
 
 SPECIAL DAMAGE. 
 
 In libel or slander, see DAMAGES, 56. 
 By nuisance, see NUISANCES, 25. 
 
 Unlawful obstruction preventing one from 
 using a highway as a special damage 
 which will sustain an action against 
 the wrongdoer. 28 L.R.A. (N.S.) 
 1053. 
 
 Interference with one's use of highway by 
 unlawful obstruction as a special dam- 
 age which will sustain an action by him 
 against the wrongdoer. L.R.AJ915D, 
 142. 
 
 SPECIAL DEPOSIT. 
 
 See BANKS. 11. 
 
 SPECIAL DEPUTY. 
 
 In whose name acts by should be performed. 
 42 L.R.A.(N.S.) 880. 
 
 SPECIAL FUND. 
 
 Claim against state for salarv payable out 
 of. 42 L.R.A. 54. 
 
 When obligation payable out of. is indebted- 
 ness within debt limit provision. 37 
 L.R.A. (N.S.) 1070; L.R.A.1917E, 442. 
 
 SPECIAL GRAND JURY. 
 
 Generally. 27 L.R.A. 787. 
 
 SPECIAL INJURY. 
 
 By nuisance, see NUISANCES, 25. 
 
 SPECIALISTS. 
 
 Degree of care and skill required of. 20 
 L.R.A.(N.S.) 1030. 
 
 SPECIAL JUDGE. 
 
 Authority of, as to bills of exceptions and 
 cases made. 42 L.R.A. (N.S.) 616. 
 
 Power of legislature to provide for method 
 of selecting. L.R.A.1916E, 836. 
 
 SPECIAL LEGISLATION. 
 
 See STATUTES, 15-18. 
 
 SPECIAL ORDERS. 
 
 When within statute of frauds. 14 L.R.A. 
 
 231; 43 L.R.A. (N.S.) 97. 
 Sufficiency of rules as to operation of trains 
 
 by. 43 L.R.A. 332. 
 
 * 
 
 SPECIAL PARTNER. 
 
 Begin with this book on every 7tc question. 
 
 See PARTNERSHIP, 58.
 
 INDEX TO L.E.A. .NOTES. 
 
 1235 
 
 SPECIAL POLICE. 
 
 See POLICE, 6. 
 
 SPECIAL PURPOSE. 
 
 Implied warranty of fitness of property 
 bought for, see SALE, 32. 
 
 SPECIAL RATES. 
 
 Carrier's power to make, see CABBIEBS, 
 155. 
 
 SPECIAL SESSION. 
 
 Conclusiveness of enrolled bill passed at 
 special session of legislature. 40 L.R.A. 
 (N.S.) 27. 
 
 < 
 
 SPECIAL STOCK. 
 
 Generall. 27 L.R.A. 151. 
 
 SPECIAL TAXATION. 
 
 Assessment for public improvements, see 
 DRAINS AND SEWERS, 12-14; PUB- 
 LIC IMPROVEMENTS, IV. 
 
 SPECIAL TERM. 
 
 Of grand jury. 27 L.R.A. 787. 
 
 SPECIAL TRAINS. 
 
 Railroad companies as private carriers in 
 drawing. 30 L.R.A. 161; 48. L.R.A. 
 (N.S.) 990. 
 
 SPECIALTY. 
 
 As to deeds, see DEEDS. 
 
 As to mortgages, see MORTGAGE. 
 
 Undelivered specialty as gift. 21 L.R.A. 
 (594. 
 
 Liability of heirs on specialty debt of an- 
 cestor. 21 L.R.A. 90. 
 
 As asset giving jurisdiction to bind ad- 
 ministrator. 24 L.R.A. 687. 
 
 Action bv third persons on. 25 L.R.A. 273. 
 
 As subject of gift. 26 L.R.A. 308. 
 
 Succession to, by surety paying judgment. 
 68 L.R.A. 556. 
 
 Considt also L.B.A. Digests of Cases. 
 
 SPECIAL USE. 
 
 Recovery for, in eminent domain, see DAM- 
 AGES, 83. 
 
 SPECIAL VERDICT. 
 
 See TRIAL, 80-82, 84. 
 
 SPECIFICATIONS. 
 
 For public contracts, see CONTRACTS, 161. 
 
 For establishment of drains and sewers. 
 60 L.R.A. 176. 
 
 Cost of conforming work to, as measure of 
 damages for defect or omission in per- 
 formance of building contract. 39 
 L.R.A.(N.S.) 592. 
 
 ^-~ 
 
 SPECIFIC LEGACIES. 
 
 See WILLS, 122, 127, 128. 
 
 *--* 
 
 SPECIFIC PERFORMANCE. 
 
 /. In general, 1-3. 
 II. Contracts enforceable, 4-26. 
 
 a. In general, 4-lOa. 
 
 b. Oral contracts, 11-13. 
 
 1. In general, 11. 
 
 2. As to real property, 
 
 12, 13. 
 
 c. Contracts relating to per- 
 
 sonal property, 13a, 14. 
 
 d. Contracts for real property, 
 
 15-19. 
 
 e. Effect of defendant's in- 
 
 ability to specifically per- 
 form, 2O. 
 
 f. Mutuality of obligation; op- 
 
 tion, 21, 22. 
 
 g. Oertainty and definiteness, 
 
 23. 
 
 h. Mistake; fraud; consider- 
 ation, 24-26. 
 HI. Decree; relief granted, 27-29. 
 
 I. In general. 
 
 1. Generally. 
 
 Plaintiff's pleadings in action for, see 
 PLEADINGS, 22. 
 
 Right of infant to enforce specific perform- 
 ance of contract. L.R.A.1918A, 787. 
 
 Effect of statute of frauds upon right to re- 
 form contract when it is sought to spe- 
 cifically enforce the contract as re- 
 formed. L.R.A.1917A, 586. 
 
 May a contract by an agent who exceeded 
 his authority be enforced against the 
 principal to the extent to which it waa 
 authorized. 52 L.R.A. (X.S.) 510.
 
 1236 
 
 INDEX TO L.R.A. NOTES. 
 
 SPECIFIC PERFORMANCE, I. cont'd 
 
 Right of private persons to contest power 
 of corporation to take or hold property 
 in action for. 32 L.R.A. 296; 46 L.R.A. 
 (N.S.) 73. 
 
 Distinction between indirectly securing spe- 
 cific performance and preventing in- 
 jury to business, as affecting necessity 
 that services be unique, to warrant in- 
 junction against breach of covenant 
 not to enter another's employment. 35 
 L.R.A.(N.S.) 119. 
 
 Anticipatory breach of contract as basis of 
 suit for specific performance. 36 
 L.R.A. (N.S.) 408. 
 
 Suit for specific performance of contract 
 in relation to real property as Us pen- 
 dens, 36 L.R.A. (N.S.) 552. 
 
 Suit for, not prosecuted to judgment as a 
 conclusive election of remedies. 34 
 L.R.A.(N.S.) 309. 
 
 2. Time. 
 
 Uncertainty as to time, as affecting right to 
 
 specific performance. 
 221. 
 
 2 L.R.A. (N.S.) 
 
 Laches or delay of party seeking specific 
 performance of contract for sale of 
 corporate stock. 50 L.R.A. 508; 31 
 L.R.A. (N.S.) 500. 
 
 Delay of infant or feme covert in paying 
 purchase price or bringing suit as bar 
 to action for specific performance of 
 contract for sale of land of which time 
 is not of the essence. 25 L.R.A. (N.S.) 
 639. 
 
 3. Conditions; tender. 
 
 Tender or payment of consideration as con- 
 dition precedent to suit to enforce con- 
 tract to convey realty consummated by 
 vender's exercise of option. 24 L.R.A. 
 (N.S.) 91. 
 
 II. Contracts enforceable. 
 
 a. In general. 
 
 4. Miscellaneous contracts. 
 
 Of contract for indemnity, see INDEMNITY, 
 5. 
 
 Specific performance of provisions for ap- 
 praisal of property preliminary to ex- 
 ercise of option. L.R.A.1917C, 813. 
 
 Building construction, and repair contracts. 
 6 B. R. C. 912. 
 
 Contract to supply city with water. 61 
 L.R.A. 74. 
 
 Arbitration agreements. 47 L.R.A. (N.S.) 
 364. 
 
 Of stock pooling agreement. 51 L.R.A. 
 (N.S.) 785. 
 
 Of contract for municipal water supply. 61 
 L.R.A. 92. 
 
 Of agreement to submit to arbitration. 15 
 L.R.A. 142. 
 
 Enforceability of promise by beneficiary to 
 pay proceeds of life insurance policy to 
 third person. 40 L.R.A. (N.S.) 692. 
 
 SPECIFIC PERFORMANCE, II. a cont'd 
 
 Jurisdiction to compel performance of 
 agreement for assumption of debts on 
 dissolution of partnership. 9 L.R.A. 
 (N.S.) 116. 
 
 Stipulation for liquidated damages in con- 
 tract not to engage in business, as 
 affecting equitable jurisdiction to en- 
 join breach thereof. 10 L.R.A. (N.S) 
 204; L.R.A.1917E, 886. 
 
 Of contract between husband and wife to 
 compromise pending or contemplated 
 divorce suit. 60 L.R.A. 412. 
 
 To prevent revocation of license. 49 L.R.A. 
 507. 
 
 When purchaser at judicial sale compelled 
 to complete purchase. 21 L.R.A. 45. 
 
 Of contract signed by beneficiary but not by 
 holder of legal title. 2 L.R.A. (N.S.) 
 884. 
 
 Agreements between promoters of corpora- 
 tions. L.R.A.1918E, 846. 
 
 5. Illegal contracts. 
 
 Illegality of contract for sale of corporate 
 
 stock. 
 500. 
 
 50 L.R.A. 508; 31 L.R.A. (N.S.) 
 
 Begin with this Itoolc on every late question. 
 
 Equitable enforcement for limited time to 
 prevent public inconvenience, of con- 
 tract which is against public policy. 1 
 L.R.A. (N.S.) 1032. 
 
 Right to damages for breach of option con- 
 tract which is not specifically enforce- 
 able because it contravenes the rule 
 against perpetuities. 4 B. R. C. 292. 
 
 6. Contracts of service. 
 
 Agreement as to disposition of property at 
 . death, see infra, 9. 
 
 Subject considered with reference to the 
 general principles which define the 
 limits of equitable jurisdiction. 6 
 L.R.A.(N.S.) 1115. 
 
 General rule that equity will not specifical- 
 ly enforce contracts of service. 6 
 L.R.A. (N.S.) 1123. 
 Rationale of this rule. 6 L.R.A.(N.S.) 
 
 1125. 
 
 Qualification of the general rule where the 
 applicant for relief is in the employ- 
 ment of a body of trustees. 6 L.R.A. 
 (N.S.) 1128. 
 
 Enforcement of stipulations by employees 
 ' not to perform services for any 
 other persons than their employ- 
 ers. 6 L.R.A.(N.S.) 1130. 
 Absence of express negative stipulation, to 
 what extent a bar to exercise of 
 equitable jurisdiction. 6 L.R.A. 
 (N.S.) 1134. 
 Quality of the services, how far a material 
 
 element. 6 L.R.A.(N.S.) 1138. 
 Mandatory injunction to compel specific 
 performance of contract for services. 
 20 L.R.A. 167. 
 
 7. Contract to give security. 
 
 Real-estate mortgages. G L.R.A. (N.S.) 585. 
 Chattel mortgages. 6 L.R.A. (N.S.) 588. 
 Indemnity to surety. 6 L.R.A. (N.S.) 590. 
 Annuities. 6 L.R.A. (N.S.) 591. 
 Partnership. 6 L.R.A. (N.S.) 591.
 
 INDEX TO L.R.A. NOTES. 
 
 1237 
 
 SPECIFIC PERFORMANCE, II. a cont'd 
 Security or indemnity in otlier cases, (i 
 
 L.R.A.(N.S.) 592. 
 
 Remedy at law. 6 L.R.A.(N.S.) 594. 
 Indefinite agreement. 6 L.R.A. (N.S.) 595. 
 Party in default. 6 L.R.A. (N.S.) 596. 
 Pleading, practice, and parties. 6 L.R.A. 
 
 (N.S.) 597. 
 Impossible relief. 6 L.R.A. (N.S.) 597. 
 
 8. Contract to provide for party to 
 marriage. 
 
 As to marriage settlements, generally, see 
 HUSBAND AND WIFE, 59. 
 
 Specific performance of contract to provide 
 for intended husband or wife. 12 
 L.R.A.(N.S.) 232. 
 
 Specific performance of agreement on part 
 of third person to make provision for 
 parties to contemplated marriage. 7 
 L.R.A.(N.S.) 734. 
 
 9. As to disposition of property at 
 death. 
 
 Enforcement against estate of decedent of 
 contract to pay money or give prop- 
 erty. 14 L.R.A. 862. 
 
 Specific performance of contract to leave 
 property in consideration of serv- 
 ices or support. 44 L.R.A. (N.S.) 
 
 733. 
 
 As affected by brevity of period elaps- 
 ing before promisor's death. 9 
 L.R.A.(N.S.) 157. 
 
 Specific performance of contract to leave 
 property to child in consideration 
 of his living with promisor. 44 
 L.R.A.(N.S.) 756. 
 
 As affected by noncompliance with stat- 
 ute prescribing mode of adoption. 8 
 L.R.A.(N.S.) 1130; 46 L.R.A. 
 (N.S.) 1134. 
 
 Right to specific performance or injunction 
 during lifetime of one who has con- 
 veyed, or is about to convey, property 
 in violation of his agreement to leave 
 the same, at his death, to the complain- 
 ant, is 'L.R.A. (N.s.) 218. 
 
 Specific performance of oral contract to de- 
 vise or convey land in consideration of 
 performing services or furnishing sup- 
 port, where no possession taken, or im- 
 provements made. 15 L.R.A. (N.S.) 
 466; 38 L.R.A.(N.S.) 752. 
 
 10. Railroad station. 
 
 Specific performance of contract to estab- 
 lish or maintain railroad station. 16 
 L.R.A. (N.S.) 307. 
 
 lOa. Continuing contracts. 
 
 Of contract for performance of continuous 
 
 acts. 3 L.R.A. (N.S.) 828. 
 Mutuality of obligation as a condition of 
 
 the right to specific Y eriorma ^ce of a 
 
 continuing contract. 6 L.R.A. (N.S.) 
 
 391; 38 L.R.A.(N.S.) 452. 
 
 &. Oral contracts. 
 1. In general. 
 
 11. Generally. 
 
 Of parol agreement to contribute to cost of 
 
 party wall. 66 L.R.A. 699. 
 Consult also L.R.A. Digests of Cases. 
 
 SPECIFIC PERFORMANCE, II. b cont'd 
 Effect of defendant's denial of oral con- 
 tract. 4 L.R.A. (N.S.) 410. 
 Specific performance of oral contract to 
 leave property in consideration of serv- 
 ices or support. 44 L.R.A. (N.S.) 748. 
 
 2. As to real property. 
 
 12. Generally. 
 
 Statute of frauds with reference to con- 
 tracts, relating to realty, generally, see 
 CONTRACTS, 40-49. 
 
 Of agreement by agent purchasing for ex- 
 ecutor or administrator at the latter's 
 own sale, to reconvey. L.R.A. 1918B, 42. 
 
 Of oral contract to convey real estate in 
 consideration of making improvements, 
 where possession not taken. 33 L.R.A. 
 (N.S.) 534. 
 
 Specific performance of oral contract to 
 leave property in consideration of serv- 
 ices or support. 44 L.R.A. (N.S.) 748. 
 
 Specific performance of oral contract to 
 devise or convey land in consideration 
 of performing services or furnishing 
 support, where no possession taken or 
 improvements made. 15 L.R.A. (N.S.) 
 466; 38 L.R.A.(N.S.) 752. 
 
 Acts by vendee lessening value of property 
 as affecting right of vendor to a specific 
 performance of contract in relation to 
 land, that does not comply with the 
 Statute of Frauds. L.R.A.1918F, 386. 
 
 13. Part performance; taking pos- 
 session. 
 
 Effect of, generally, see CONTRACTS, 58, 
 59. 
 
 Sufficiency of possession alone as ground for 
 granting specific performance of parol 
 gift of, or contract to convey, real 
 property. 8 L.R.A. (N.S.) 870. 
 
 Specific performance of oral lease void un- 
 der statute of frauds after lessee's 
 entry into possession and making im- 
 provements. 3 L.R.A. (N.S.) 852. 
 
 Effect of, to take out of statute of frauds, 
 contract to leave property to child in 
 consideration of his living with promi- 
 sor. 44 L.R.A.(N.S.) 770. 
 
 Effect of part performance under parol 
 lease on right to specific performance. 
 49 L.R.A.(N.S.) 116. 
 
 c. Contracts relating to personal 
 property. 
 
 13a. Generally. 
 
 Specific performance of contracts in rela- 
 tion to personal property. L.R.A. 
 1918E, 597. 
 
 14. Contracts for sale of corporate 
 stock. 
 
 Jurisdiction. 50 L.R.A. 501; 31 L.R.A. 
 (N.S.) 491; L.R.A.1915D, 300. 
 
 Defenses. 50 L.R.A. 507; 31 L.R.A.(N.S.) 
 497; L.R.A.1915D, 303. 
 
 Parties. 50 L.R.A. 512; 31 L.R.A. (N.S.) 
 502. 
 
 Relief. 50 L.R.A. 512; 31 L.R.A. (N.S.) 
 502.
 
 1238 
 
 INDEX TO L.R.A. NOTES. 
 
 SPECIFIC PERFORMANCE, II. ont'd 
 d. Contracts for real property. 
 
 15. Generally. 
 
 Oral contracts, see supra, 12, 13. 
 
 Right of infant to enforce. L.R.A.1918A, 
 787. 
 
 Sufficiency of description of land in con- 
 tract by reference to street number. 
 L.R.A.1918C, 520. 
 
 Specific performance of land contract as af- 
 fected by provision for liquidated dam- 
 ages. 45 L.R.A. (N.S.) 52. 
 
 Right of private person to contest power 
 of corporation to take or hold prop- 
 erty, in action for specific performance 
 of contract relating to property. 46 
 L.R.A.(N.S.) 84. 
 
 To compel railroad company to perform 
 agreement as to crossing stipulated for 
 in deed to railroad of right of way. 
 48 L.R.A. (N.S.) 387. 
 
 Right to, as affected by vendor's ignorance 
 of race or character of purchaser. 32 
 L.R.A.(N.S.) 125. 
 
 Vendee's right to specific performance with 
 abatement from purchase price for de- 
 ficiency in quantity. 10 L.R.A.(N.S.) 
 117; 38 L.R.A.(N.S.) 1195; L.R.A. 
 1917F, 597. 
 
 Vendee's right to specific performance with 
 allowance for buildings destroyed after 
 making of executory contract. 10 
 L.R.A. (N.S.) 125. 
 
 Right to specific performance of contract to 
 convey real estate a affected by at- 
 tempted reservation of cemetery or 
 burial plot. 41 L.R.A. (N.S.) 384. 
 
 May jurisdiction of suit for specific per- 
 formance of a contract for conveyance 
 of land within the territorial jurisdic- 
 tion rest upon constructive service of 
 process against a nonresident. 23 
 L.R.A. (N.S.) 1135. 
 
 Delay of infant or feme covert in paying 
 purchase price or bringing suit as bar 
 to action for specific performance of 
 contract for sale of land of which time 
 is not of the essence. 25 L.R.A. (N.S.) 
 639. 
 
 Tender or payment of consideration as con- 
 dition precedent to suit for specific 
 performance of contract to convey real- 
 ty consummated by vendee's exercise of 
 an option. 24 L.R.A.(N.S.) 91. 
 
 16. Outside of jurisdiction. 
 
 Jurisdiction of equity to decree specific per- 
 formance of contract affecting real es- 
 tate in other state or country. 69 
 L.R.A. 681. 
 
 Jurisdiction of equity over suits for, in re- 
 lation to real property in another state 
 or country. 23 L.R.A. (N.S.) 924. 
 
 17. Doubtful titles. 
 
 Sufficiency of title by adverse possession as 
 basis for specific performance. 46 
 L.R.A. (N.S.) 515. 
 
 Begin icith tJtis boo7c on every laiv question. 
 
 SPECIFIC PERFORMANCE, II. d cont'd 
 Allowing vendor reasonable time to perfect 
 title by decree for specific ' perform- 
 ance. 30 L.R.A. (N.S.) 25. 
 Right of vendee to specific performance with 
 abatement from purchase price, where 
 vendor is unable to convey good and un- 
 encumbered title. 24 L.R.A. 765; 10 
 L.R.A.(N.S.) 117; 38 L.R.A. (N.S.) 
 1395; L.R.A.1917F, 597. 
 Right of vendor whose title is defective to 
 specific performance upon condition 
 of a compensation or indemnity. 
 52 L.R.A. (N.S.) 959. 
 
 18. Effect of fraud. 
 
 In case of misrepresentation as to location 
 of property. 38 L.R.A. (N.S.) 306. 
 
 Effect of concealment or misrepresentation 
 of fact affecting value of real estate 
 by purchaser who seeks specific per- 
 formance. 30 L.R.A. (N.S.) 755. 
 
 19. Where wife refuses to unite in 
 conveyance. 
 
 Generally. 24 L.R.A. 763. 
 
 Specific performance against wife on con- 
 tract of husband. 24 L.R.A. 763. 
 
 Specific performance against wife by con- 
 tract of wife. 24 L.R.A. 763. 
 
 Contracts that are enforceable against her 
 and her husband. 24 L.R.A. 764. 
 
 Specific performance against husband where 
 wife refuses to unite in convevance. 
 24 L.R.A. 764. 
 
 Specific performance by hu "band with 
 abatement for deficiencv in title. 24 
 L.R.A. 765. 
 
 Requiring husband to obtain his wife's sig- 
 nature. 24 L.R.A. 766. 
 
 Mutuality; enforcing contracts against ven- 
 dee. 24 L.R.A. 766. 
 
 Effect of nonjoinder of husband in wife's 
 executory contract to convey, where his 
 joinder is essential to a conveyance. 
 30 L.R.A.(N.S.) 353. 
 
 e. Effect of defendant's Inability to 
 specifically perform. 
 
 20. Generally. 
 
 Generally. 16 L.R.A. 614. 
 When plaintiff knows that performance can- 
 not be enforced. 16 L.R.A. 614. 
 Where defendant disables himself pending 
 
 action. 16 L.R.A. 615. 
 When defendant has at any time rendered 
 
 himself incapable of performing. 16 
 
 L.R.A. 615. 
 General jurisdiction over damages. 16 
 
 L.R.A. 615. 
 The effect of modern legislation. 16 L.R.A. 
 
 6]6. 
 The effect of the Code provision. 16 L.R.A. 
 
 616. 
 Agreement by carrier to issue passes which 
 
 is impossible of performance because 
 
 of subsequent legislation. 49 L.R.A. 
 
 (N.S.) 848.
 
 INDEX TO L.R.A. NOTES. 
 
 1239 
 
 SPECIFIC PERFORMANCE, II. cont'd 
 /. Mutuality of obligation; option. 
 
 21. Generally. 
 
 Contract for conveyance not signed by wife. 
 24 L.R.A. 766.' 
 
 Of remedy as affecting jurisdiction of ac- 
 tion for specific performance of con- 
 tract for sale of stock. 50 L.R.A. 506; 
 31 L.R.A. (N.S.) 496; L.R.A.1915D, 301. 
 
 Lack of, as defense to action for specific 
 performance of contract for sale of cor- 
 porate stock. 50 L.R.A. 507 ; 31 L.R.A. 
 (N.S.) 499. 
 
 Mutuality of obligation as a condition of 
 right to specific performance of a con- 
 tinuing contract. 6 L.R.A. (N.S.) 391; 
 38 L.R.A.(N.S.) 452. 
 
 Mutuality of contract to leave property in 
 consideration of services or support. 
 44 L.R.A. (N.S.) 738. 
 
 Mutuality of contract to leave property to 
 child in consideration of his living with 
 promisor. 44 L.R.A. (N.S.) 766. 
 
 Right of party not bound because he did not 
 sign the contract, to enforce specific 
 performance against a party who did 
 sign. -6 L.R.A. (N.S.) 397; 28 L.R.A. 
 (N.S.) 680; 43 L.R.A. (N.S.) 411. 
 
 22. Option contracts. 
 
 Enforcement of contract not to withdraw. 
 21 L.R.A. 131. 
 
 Enforcement of completed contract. 21 
 L.R.A. 131. 
 
 Necessity for consideration. 21 L.R.A. 131. 
 
 Enforcement against third person. 21 
 L.R.A. 132. 
 
 Right to relief before acceptance. 21 L.R.A. 
 132. 
 
 Necessity that contract be specific. 21 
 L.R.A. 132. 
 
 Right to specific performance of option to 
 purchase as affected by lack of mutual- 
 ity of obligation. 6 L.R.A. (N.S.) 403. 
 
 Tender or payment of consideration as a 
 condition precedent to a suit for the 
 specific performance of a contract to 
 convey realty consummated by the 
 vendee's exercise of an option. 24 
 L.R.A. (N.S.) 91. 
 
 Right to damages for breach of option con- 
 tract which is not specifically enforce- 
 able because it contravenes the rule 
 against perpetuities. 4 B. R. C. 292. 
 
 g. Certainty and definiteness. 
 
 23. Generally. 
 
 Contract some of the terms of which are to 
 he agreed xipon bv the parties. L.R.A. 
 1917D, 1079. 
 
 Necessity that option contract be specific. 
 21 L.R.A. 132. 
 
 Uncertainty as to time as affecting right 
 
 to. 2 "L.R.A. (N.s.) 221. 
 
 Right as affected by provision for liquidat- 
 ed damages. 2 L.R.A. (N.S.) 210. 
 
 Uncertainty and incompleteness of contract 
 for sale of corporate stock. 50 L.R.A. 
 507: 31 L.R.A. (N.S.) 497; L.R.A. 
 1915D, 303. 
 
 Consult also L.R.A. Digests of Cases. 
 
 | SPECIFIC PERFORMANCE, II. g cont'd 
 ' Dofiniteness and certainty of contract to 
 leave property to child in considera- 
 tion of his living with promisor. 44 
 L.R.A.(N.S.) 767. 
 
 Specific performance of land contract as 
 affected by provision for liquidated 
 damages. 45 L.R.A. (N.S.) 52. 
 Sufficiency of description of land by refer- 
 ence to street number. L.R.A.1918C, 
 520. 
 
 h. Mistake; fraud; consideration. 
 
 24. Mistake. 
 
 Effect of mistake of fact by defendant on 
 right to the specific performance of a 
 contract induced thereby. 15 L.R.A. 
 (N.S.) 81. 
 
 In contract for sale of corporate stock. 
 L.R.A.1915D. 303. 
 
 25. Fraud. 
 
 In contract as to real property, see supra, 
 18. 
 
 Fraudulent expression of opinion as a de- 
 fense. 35 L.R.A. 433. 
 
 In contract for sale of corporate stock. 50 
 L.R.A. 508; 31 L.R.A. (N.S.) 500. 
 
 26. Consideration. 
 
 Necessity for consideration for option con- 
 tract. 21 L.R.A. 131. 
 
 Lack of consideration as defense to action 
 for specific performance of contract for 
 sale of corporate stock. 50 L.R.A. 507 ; 
 31 L.R.A. (N.S.) 498. 
 
 Refusal of specific performance of contract 
 to convey property because of inade- 
 quacy of consideration. 14 L.R.A. 
 (N.S.) 317. 
 
 Necessity in a complaint for specific per- 
 formance of alleging facts showing ad- 
 equacy of consideration for contract 
 sought to be enforced. 19 L.R.A. (N.S.) 
 178. 
 
 Contract to leave property to child in con- 
 sideration of his living with promisor. 
 44 L.R.A. (N.S.) 764. 
 
 III. Decree; relief granted. 
 
 27. Generally. 
 
 Contract to give security; impossible relief. 
 
 Relief granted in action for specific per- 
 formance of contract for sale of corpo- 
 rate stock. 50 L.R.A. 512; 31 L.R.A. 
 (N.S.) 502. 
 
 Allowing vendor reasonable time to perfect 
 title by decree for specific performance. 
 30 L.R.A. (N.S.) 25. 
 
 Right to accept favorable part of decree and 
 appeal from the rest. 29 L.R.A. (N.S.) 
 .11. 
 
 28. Abatement from price. 
 
 Specific performance by husband, with 
 abatement for deficiency in title where 
 Avife refuses to join. 24 L.R.A. 765.
 
 1240 
 
 INDEX TO L.R.A. NOTES. 
 
 SPECIFIC PERFORMANCE, III. cont'd 
 Right of vendee to specific performance with 
 abatement from purchase price, 
 where vendor is unable to convey a 
 good and unencumbered title. 10 
 L.R.A.(N.S.) 117; 38 L.R.A.(N.S.) 
 1195; L.R.A.1917F, 597. 
 Right of vendee to specific performance 
 with allowance for buildings destroyed 
 after making of executory contract. 
 10 L.R.A.(N.S.) 125. 
 
 29. Damages in lieu of. 
 
 Damages in lieu of specific performance. 20 
 L.R.A. 752. 
 
 SPECTACLES. 
 
 Application of statute regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A. (N.S.) 
 762; 24 L.R.A. (N.S.) 103; 25 L.R.A. 
 (N.S.) 1297. 
 
 SPECTATOR. 
 
 Misconduct of, at criminal prosecution, see 
 CRIMINAL LAW, 44. 
 
 Liability for injury to bystander watching 
 progress of work. L.R..A.1916F, 117. 
 
 Effect of misconduct of, during criminal 
 trial. L.R.A.1918E, 959. 
 
 SPECULATION. 
 
 Legislation forbidding speculation in theater 
 tickets. 5 L.R.A. (N.S.) 183; L.R.A. 
 1918D, 388. 
 
 Creation of partnership by speculative pur- 
 chases of property for sale. 18 L.R.A. 
 (N.S.) 1089. 
 
 Speculation in commodities as within osten- 
 sible or implied authority of member of 
 Eartnership operating warehouse. 27 
 .R.A.(N.S.) 1015. 
 
 SPECULATIVE BELIEF. 
 
 As proof of testamentarv incapacity. 27 
 L.R.A.(N.S.) 74; L.R.A.1915A, 458. 
 
 SPECULATIVE POLICIES. 
 
 Right to take out. 25 L.R.A. 628. 
 
 SPECULATIVE USES. 
 
 Of property as element of compensation in 
 eminent domain. L.R.A.1917A, 409. 
 
 SPEECH. 
 
 Freedom of, see CONSTITUTIONAL LAW, 
 
 29a. 
 Injunction against, see INJUNCTION, 73. 
 
 Copyright in report of public speech. 2 
 B. R. C. 335. 
 
 SPEED. 
 
 Of automobile, see AUTOMOBILES, 5. 
 On highway, see NEGLIGENCE, 26. 
 Of railroad train, see RAILROADS, 71, 72. 
 Of street car, see STREET RAILWAYS, 12", 
 
 13. 
 
 Opinion evidence as to, see EVIDENCE, 195. 
 Regulation of speed of vehicles in street, 
 
 see HIGHWAYS, 40. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 701. 
 
 Express warranty as to, as excluding im- 
 plied warranty. 33 L.R.A. (N.S.) 507. 
 
 Constitutionality of statute fixing minimum 
 rate of speed at which carrier may 
 transport special kinds of freight. 26 
 L.R.A.(N.S.) 1018; L.R.A.1917C, 142. 
 
 Liability for injury by excessive speed in 
 exercise of rights of navigation. 64 
 L.R.A. 979. 
 
 SPEEDY TRIAL. 
 
 See CRIMINAL LAW, 45. 
 
 SPELLING. 
 
 65 
 
 Comparison of, in disputed instrument. 
 
 L.R.A. 97. 
 Effect of mistakes in, on question of forgery 
 
 in issuing false instrument. L.R.A, 
 
 1918B, 1193. 
 
 SPENDTHRIFT TRUST. 
 
 See TBUSTS, 34. 
 
 SPILES. 
 
 As defects in dock or wharf. 61 L.R.A. 
 949. 
 
 SPINAL AFFLICTION. 
 
 As element of damages for negligent in- 
 
 Begin iirith this booTc on every law question. 
 
 jury. 48 L.R.A. (N.S.) 102.
 
 INDEX TO L.R.A. NOTES. 
 
 1241 
 
 SPIRITUALISM. 
 
 As insane delusion. 37 L.R.A. 270. 
 
 Effect of belief in, on testamentary capacity. 
 10 L.R.A. G77: 15 L.R.A. (N.S.) 674. 
 
 Prohibition of obtaining money by spirit 
 mediumship. 43 L.K.A.(N.S.) 203. 
 
 Application to spiritual mediums, of stat- 
 ute regulating practice of medicine. 
 L.R.A.1917C, 828. 
 
 SPIRITUOUS LIQUORS. 
 
 Intoxicating liquors, generally, see INTOX- 
 ICATING LIQUORS. 
 
 As intoxicating liquors. 20 L.R.A. 645. 
 
 SPITE FENCES. 
 See FENCES, 6. 
 
 SPITTING BLOOD. 
 
 What constitutes within meaning of insur- 
 ance policy. 23 L.R.A.(N.S.) 917. 
 
 SPLINTERS. 
 
 Master's liability for injury by flying 
 splinters, see MASTER AND SERVANT, 
 82. 
 
 Servant's assumption of risk of being in- 
 jured by, during progress of work. 25 
 L.R.A. (N.S.) 364. 
 
 SPLITTING ACTION. 
 
 Splitting causes of action, see ACTION OB 
 SUIT, 17. 
 
 SPOLIATION. 
 
 Liability for mutilation or spoliation of 
 wiU. L.R.A.1917B, 558. 
 
 SPOLIATOR. 
 
 Presumption against spoliator of evidence, 
 see EVIDENCE. 56. 
 
 SPONGE. 
 
 Liability of pbysician or surgeon where 
 sponge is left in incision. 46 L.R.A. 
 (X.S.) 611. 
 
 Consult also L.R.A. Digests of Cases. 
 
 SPONTANEOUSNESS. 
 
 Of confession. 18 L.R.A. (N.S.) 794; 50 
 L.R.A. (N.S.) 1077. 
 
 SPORADIC DANGERS. 
 
 Duty to warn servant against, see MASTEB 
 AND SERVANT, 74. 
 
 SPORT. 
 
 Sportive act of servant, see MASTEB AND 
 SERVANT, 175. 
 
 Homicide while engaged in. 63 L.R.A. 383. 
 Prohibition of, on Sunday. 17 L.R.A. 830. 
 Right of public authorities to preserve ice 
 for. 3 L.R.A.(N.S.) 1103. 
 
 SPORTIVE ACT. 
 
 Of servant, see MASTER AND SERVANT, 175. 
 
 SPOTTING CARS. 
 
 Right of carrier having line haul to make 
 extra charge for switching or spotting 
 cars at terminals or sidetracks. L.R.A. 
 1918A, 164. 
 
 SPOUSE. 
 
 See HUSBAND AND WIFE, 
 
 SPREADING DISEASE. 
 
 Municipal liability for, see MUNICIPAL COR- 
 PORATIONS, '76. 
 
 SPRING. 
 
 See WATERS, 78. 
 
 SPRING GUN. 
 
 Civil liability for injury by, see NEGLI- 
 GENCE, '21. 
 
 Criminal responsibility for death caused by, 
 upon one's own property. 14 L.R.A. 
 (N.S.) 346.
 
 1242 
 
 IXDEX TO L.R.A. NOTES. 
 
 SPRINKLING STREETS. 
 
 Assessments for, see PUBLIC IMPROVEMENTS, 
 
 SPRINKLING TRACKS. 
 
 Power to compel street railway to sprinkle 
 tracks. 36 L.R.A. (N.S.) 235. 
 
 SPUR. 
 
 See SPUB TEACKS AND SIDINGS. 
 
 ! SPUR TRACKS AND SIDINGS confd 
 3. Contract to maintain. 
 
 Validity, as affected by public policy, of 
 contract by railroad company to main- 
 tain private siding. 17 L.R.A. (X.S. ) 
 130. 
 
 4. As nuisance. 
 
 Presumption of statutory authority of rail- 
 road to commit nuisance by maintain- 
 ing. 70 L.R.A. 589. 
 
 Use of, as a nuisance. 32 L.R.A. (X.S.) 
 375. 
 
 5. Fences at. 
 
 What are sidings, within meaning of fence 
 laws. 7 L.R.A. (X.S.) 207. 
 
 SPURIOUS CLAIM. 
 
 Liability for procuring judgment on, and 
 enforcing same against judgment debt- 
 or's property. 36 L.R.A. (N.S.) 1112. 
 
 SPURIOUS INDORSEMENT. 
 
 Who must bear loss where check or draft 
 is purchased or paid on spurious in- 
 dorsement of one bearing same name 
 as payee or indorsee. 34 L.R.A. (X.S. ) 
 1101. 
 
 SPUR TRACKS AND SIDINGS. 
 
 1. Generally. 
 
 Compulsory connection with side tracks, see 
 
 CARRIERS, 149. 
 
 Right of way for, see RAILROADS, 36. 
 Maintenance of, by railroad, see RAILROADS, 
 
 35. 
 
 Maintenance of private siding, tap line, 
 connecting tracks or other switching 
 facilities as carrying on the business of 
 a common carrier. L.R.A.1918B, 683. 
 
 Loading car on side track as del'very to 
 carrier. 32 L.R.A. (X.S.) 318. 
 
 Right of carrier having line haul to make 
 extra charge for switching or spotting 
 cars at terminals or sidetracks. L.R.A. 
 1918A, 164. 
 
 Power of municipality to compel removal 
 of, from street and highway. L.R.A. 
 1918B, 481. 
 
 Power to compel railroad to build, main- 
 tain, or connect with side tracks for 
 accommodation of shippers. 28 L.R.A. 
 (N.S.) 1013; L.R.A.1915E, 682; L.R.A. 
 1918B, 795. 
 
 Liability of railroad company to servants 
 of persons on whose premises it operates 
 a spur track. 46 L.R.A. 100. 
 
 2. Condemnation of land for. 
 
 See EMINENT DOMAIN, 22. 
 
 SPYING. 
 
 Adniissibility, in criminal case, of testimony 
 as to facts learned while spying. 17 
 L.R.A. (X.S.) 451. 
 
 SQUARES. 
 
 See PARKS AND SQUARES. 
 
 CTABLES. 
 
 Livery stable, see LIVERY STABLE. 
 
 Sanitary regulations as to. 45 L.R.A. 
 (X.S.) 575. 
 
 Liability of landlord to third persons as to 
 condition of. 26 L.R.A. 202. 
 
 As nuisances. 17 L.R.A. (N.S.) 1025; 49 
 L.R.A.(N.S.) 958. 
 
 As within restrictive covenants in convey- 
 ances of real estate. 34 L.R.A. (N.S.) 
 730. 
 
 As a violation of covenant against offensive 
 building. 9 L.R.A. (N.S.) 1039. 
 
 Begin iritJi tltis boo/v on every laic question. 
 
 STAGE COACHES. 
 
 Authority of local agent of person operat- 
 ing, to contract for services of other 
 persons. L.R.A.1918F, 69. 
 
 Applicability of doctrine of res ipsa lo- 
 quitur where accident to passenger is 
 occasioned by skidding of vehicle. 3 
 B. R. C. 97." 
 
 X'cgligence in starting, before passenger is 
 seated. 42 L.R.A. 296. 
 
 Sufficiency of general allegations of negli- 
 gence. 59 L.R.A. 247. 
 
 Imputing negligence of driver to passenger. 
 8 L.R.A. (X.S.) 621; L.R.A.1915A, 761. 
 
 Servants working on, as fellow servants. 
 50 L.R.A. 436. 
 
 Validity of restrictive agreement ancillary 
 to sale of stage and coach lines. 24 
 L.R.A. (X.S.) 932; L.R.A.1916C, 632.
 
 INDEX TO L.R.A. NOTES. 
 
 1243 
 
 STAGINGS. 
 
 Master's liability for injury to servant on, 
 see MASTER AND SERVANT, 84. 
 
 STAIRWAY. 
 
 1. Easement in. 
 
 Implied grant of easement for, in partition 
 
 deed. 3 L.R.A. (N.S.) 1082. 
 Destruction of building as terminating 
 
 easement in stairway. L.R.A.1918D, 
 
 413. 
 Right to, as way of necessity where other 
 
 possible modes of access exist. 17 
 
 L.R.A.(N.S.) 1023. 
 
 2. Duty and liability as to condi- 
 tion of. 
 
 Municipal liability for injury by stairway 
 in street, see" HIGHWAYS, 62. 
 
 Duty of storekeeper toward customer as to 
 'condition of. 21 L.R.A. (N.S.) 461; 
 
 L.R.A.1915F, 572. 
 Municipal liability for injury by stairway 
 
 on street sides. 20 L.R.A. (N.S.) 622. 
 
 3. of landlord. 
 
 Liability of landlord as to condition of 
 stairway not controlled by tenant. 14 
 L.R.A. *239; 23 L.R.A. 157; 3 L.R.A. 
 (X.S.) 316. 
 
 Landlord's duty to light common stairway. 
 ] B. R. C. 107. 
 
 Liability of landlord for personal injuries to 
 wife of lessee. L.R.A.1916F, 1152. 
 
 Liability of landlord for personal injury by 
 defect in, to member of lessee's family 
 other than wife. L.R.A.1916F, 1161. 
 
 .Landlord's liability for injury to servant of 
 tenant on common stairway. L.R.A. 
 1916F, 1145. 
 
 STAKEHOLDER. 
 
 Liability of stakeholder or depositary of 
 funds to be held in connection with an 
 illegal transaction. L.R.A.1918F, 972. 
 
 STALLED TRAIN. 
 
 Liability of carrier for personal injuries 
 to passenger who attempts to reach his 
 destination by other means because of 
 stalling of car or train. L.R.A.1917F, 
 357. 
 
 STALLIONS. 
 
 1. Generally. 
 
 Right of municipality to prohibit the keep- 
 ing, standing, or exhibiting of. 11 
 L.R.A. I X.S.) 736. 
 
 2. License for keeping of. 
 
 Effect of failure to procure license on right 
 to recover for services of. 1 L.R.A. 
 (X.S.) 1159. 
 
 Conwlf also L.R.A. Digests of Cases. 
 
 STALLIONS cont'd 
 
 Validity of contract by unlicensed owner of. 
 12 * L.R.A. (N.S.) 617. 
 
 3. Warranty of. 
 
 Implied warranty of fitness of. 15 L.R.A. 
 (X.S.) 868; 31 L.R.A. (N.S.) 783. 
 
 Express warranty as to, as excluding im- 
 plied warranty. 33 L.R.A. (N.S.) 505. 
 
 STALLS. 
 
 On sidewalk, as a nuisance under municipal 
 control. 39 L.R.A. 661. 
 
 STAMPED SIGNATURE. 
 
 Sufficiency of, within statute of frauds. 
 
 37 L.R.A. (N.S.) 352. 
 On legal process or other legal papers. 
 
 L.R.A.1917B, 285. 
 
 STAMPS. 
 
 Effect of omitting revenue stamp from in* 
 strument, see INTERNAL REVENUE, 
 2. 
 
 Trading stamps, see TRADING STAMPS. 
 
 Signature to instrument by. 22 L.R.A. 301. 
 Sufficiency of signature to will by stamp. 
 L.R.A.1915D, 906. 
 
 STAMP TAX. 
 
 See INTERNAL REVENUE. 
 
 STANDARD. 
 
 For comparison of handwriting, see EVI- 
 DENCE. 
 
 STANDARD TIME. 
 
 See TIME, 13. 
 
 STANDING. 
 
 Standing en driven vehicle as negligence. 
 
 19 L.R.A. (X.S.) 223. 
 Standing on moving vehicle by fireman as 
 
 negligence. 19 L.R.A. (X.S.) 630. 
 
 STANDING TIMBER. 
 
 See TIMBER.
 
 1244 
 
 INDEX TO L.R.A. NOTES. 
 
 STANDING WATER. 
 
 Rights in. 19 L.R.A. 92. 
 
 STARE DECISIS. 
 
 See COURTS, 59. 
 
 STARVATION. 
 
 Of cattle during transportation, carrier's 
 duty to prevent. 39 L.R.A. (N.S.) 643. 
 
 4-7. 
 
 of, 
 
 STATE. 
 
 I. In general, 1-3. 
 II. Rights and powers of, 
 
 III. Suit by, 8, 9. 
 
 IV. Liabilities of, 1O-12. 
 
 V. Claims against; indebtedness 
 13-15. 
 
 I. In general. 
 
 1. Generally. 
 
 Officers of, see AUDITOR; ATTORNEY GEN- 
 ERAL; COMPTROLLER; ENGINEER: GOV- 
 ERNOR; LEGISLATURE; SECRETARY OF 
 STATE; SURVEYOR GENERAL; TREAS- 
 URER. 
 
 Bonds of, see BONDS, III. 
 
 Boundary of, see BOUNDARIES, 1-3. 
 
 Interference with local self-government by, 
 see CONSTITUTIONAL LAW, 20a. 
 
 Municipal power as to crimes under state 
 law. see CRIMINAL LAW, 70. 
 
 Estoppel of, see ESTOPPEL, I. 
 
 Injunction against waste or unlawful use 
 of state funds, see INJUNCTION, 61b. 
 
 Validity of ordinance on matters covered 
 by state laws, see MUNICIPAL CORPORA- 
 TIONS, 25. 
 
 Priority of claims by or against, see INSOL- 
 VENCY, 8; PRIORITY, 3. 
 
 State institutions, see STATE INSTITUTIONS. 
 
 Statutes of, see STATUTES. 
 
 Subordination or suspension of state law 
 during war. L.R.A.1918F, 561. 
 
 Giving of free service or reduced rates by 
 public service corporation to state agen- 
 cies as an unlawful discrimination. 
 L.R.A.1918D, 906. 
 
 Power at suit of state to appoint receiver 
 for foreign corporation for which no 
 domiciliary receiver has been ap- 
 pointed. L.R.A.1917D, 302. 
 
 Governor's power to employ counsel for. 
 55 L.R.A. 493. 
 
 Removal of separable controversy in which 
 state is a party. 5 L.R.A. (N.S. ) 56. 
 
 Duty of, to advance fees of witnesses sum- 
 moned on its behalf. 31 L.R.A. (N.S.) 
 781. 
 
 Confiscation by, of fish nets found in illegal 
 use. 3 L.R.A. (N.S.) 997. 
 
 Prevention of illegal removal of state capi- 
 tal. 34 L.R.A. (N.S.) 380. 
 
 Begin with this boote on every law question. 
 
 STATE, I. cont'd 
 
 Exemptions as against fines and penalties 
 
 when state is the plaintiff. L.R.A. 
 
 ]915A, 1216. 
 Nullification or breach of state contract as 
 
 impairment of obligation of contract. 
 
 45 L.R.A. (N.S.) 721. 
 Revival of judgment in favor of state. 47 
 
 L.R.A. (N.S.) 905. 
 Validity of statute fixing minimum wage 
 
 for employees of state. 51 L.R.A. 
 
 (N.S.) 687. 
 
 Claims of state as within statute or ordi- 
 nance requiring notice or presentation 
 
 as a condition of municipality liability. 
 
 50 L.R.A.(N.S.) 184. 
 
 2. Admission of. 
 
 Generally. 12 L.R.A. 673. 
 
 Effect of admission of state into the Union 
 
 upon ordinance of 1787. 52 L.R.A. 
 
 (N.S.) 305. 
 
 3. Taxation of property of. 
 
 Municipal assessment of propertv of. 23 
 L.R.A. 807. 
 
 Property leased by state as subject to tax- 
 ation. 35 L.R.A.(N.S.) 167; 52 L.R.A. 
 (N.S.) 991. 
 
 Taxation of property located in one state 
 but belonging to another. 50 L.R.A. 
 (N.S.) 243. 
 
 II. Rights and powers of. 
 
 4. Generally. 
 
 Right to appeal in criminal case, see APPEAL 
 AND ERROR, 7a. 
 
 Power to regulate commerce, see COMMERCE. 
 
 Priority of claim of state, see INSOLVENCY, 
 8; PRIORITY, 3. 
 
 As to the right to engage in works of in- 
 ternal improvement, see INTERNAL IM- 
 PROVEMENTS. 
 
 Power to restrict or regulate sale or enjoy- 
 ment of patent right, see PATENTS, 13. 
 
 Right to require services of witness without 
 compensation, see WITNESSES, 49. 
 
 Applicability as against state of presump- 
 tion of payment from lapse of time. 
 L.R.A.1916B, 739. 
 
 Power to regulate inheritance by alien. 31 
 L.R.A. 179. 
 
 Power of state, under 14th Amendment, to 
 deny to aliens the right to engage in a 
 lawful occupation. 11 L.R.A. (N.S. ) 
 799. 
 
 Power of state to engage in enterprises gen- 
 erally conducted by private person or 
 corporation. 42 L.R.A. (N.S.) 221. 
 
 State guardianship of children. 15 L.R.A. 
 593. 
 
 Power of state to regulate burials "and 
 cemeteries. 27 L.R.A. (N.S.) 262. 
 
 Power of state to make estate of person 
 committed to insane asylum, or his 
 relatives, liable for cost of his main- 
 tenance therein. 24 L.R.A. ( N.S. > 295. 
 
 Power to restrict and regulate sale or en- 
 joyment of patent rights. 29 L.R.A. 
 86.
 
 INDEX TO L.R.A. NOTES. 
 
 1245 
 
 STATE, II. cont'd 
 
 Power of state under Federal Constitution 
 to legislate with respect to Armv and 
 Navy. L.R.A.1918C, 307. 
 
 Power of state as to international or inter- 
 state ferries. 52 L.R.A. (N.S.) 574. 
 
 Right of state to authorize or direct di- 
 version of county funds to purpose 
 other than that for which collected. 
 L.R.A.1915D, 274. 
 
 Power of state to make binding contract as 
 to rates of public service corporation. 
 L.R.A.1915C, 262. 
 
 Power to control private charity. L R.A. 
 1916D, 912. 
 
 Right of state to contest will so as to es- 
 cheat the property. 2 L.R.A. (N.S. ) 
 643; L.R.A.1918A, 475. 
 
 Right to require railroad company to equip 
 its road. 13 L.R.A. (N.S.) 320. 
 
 Right of state to control municipal h're de- 
 partment. 15 L.R.A. (N.S.) 575. 
 
 Effect of laches on state's right to oust a 
 corporation of its rights and franchise. 
 14 L.R.A. (N.S.) 336. 
 
 Extent and limit of state authority over 
 consolidated interstate transaction. 
 24 L.R.A. (N.S.) 769. 
 
 Right to appeal in criminal case. 19 L.R.A. 
 342. 
 
 5. As to taxes. 
 
 Taxation by. generally, see TAXES. 
 
 Power to tax Federal agencies, instrumen- 
 talities, or property, see TAXES, 6, 
 7. 
 
 Power and jurisdiction of, to tax corporate 
 franchises. 57 L.R.A. 34. 
 
 Taxation of property located in one state 
 but belonging to another. 50 L.R.A. 
 (N.S.) 243. 
 
 6. Property rights. 
 
 State ownership of waters, see WATERS, 
 
 8. 
 As trustee in charitable bequest. 14 L.R.A. 
 
 (N.S.) 113. 
 
 Ownership of waters by. 50 L.R.A. 737. 
 Title to islands as between state and sub- 
 ject. 58 L.R.A. 673. 
 Rights in literary work done in connection 
 
 with official duties. 5 L.R.A. (N.S.) 
 
 1193. 
 Power of state to secure title to private 
 
 property by adverse possession. 15 
 
 L.R.A. (N.S.) 1120. 
 Right to erect wharves. 40 L.R.A. 647. 
 
 7. Conveyance or grant by. 
 
 Right of, to grant tide land. 22 L.R.A. 
 
 (N.S.) 337. 
 Conveyance bv state of land held adversely. 
 
 35 L.R.A. (N.S.) 747. 
 
 III. Suit by. 
 
 8. Generally. 
 
 Applicability in cases where the state is 
 the complainant of doctrine that a cor- 
 poration may be estopped from plead- 
 ing ultra vires in an action against it. 
 L.R.A.1917A, 856. 
 
 Consult also L.R.A. Digests of Cases. 
 
 STATE, III. cont'd 
 
 Right of state to maintain action to recover 
 excess rates or charges exacted of indi- 
 viduals by public service corporations. 
 LR.A 1916C, 336. 
 
 As proper party to maintain bill to abate 
 or enjoin public nuisance in city street. 
 19 L.R.A. (N.S.) 1173. 
 
 Right of state to maintain action to abate 
 or enjoin bawdyhouse. L.R.A.1918D, 
 821. 
 
 Injunction at suit of, against public nui- 
 sance which is also a crime. 15 L.R.A. 
 (N.S.) 747; 23 L.R.A. (N.S.) 691. 
 
 Injunction at suit of state against public 
 nuisance which is also a crime. 33 
 L.R.A. (N.S.) 325; 47 L.R.A. (N.S.) 673. 
 
 Applicability of statute of limitations to 
 actions by agencies of state. 3 L.R.A, 
 (N.S) 746; 22 L.R.A.(N.S.) 921; 
 L.R.A.1916E, 96. 
 
 9. Right of set-off, counterclaim, or 
 recoupment in. 
 
 In general. 33 L.R.A. (N.S.) 377. 
 By statute. 33 L.R.A. (N.S.) 379. 
 Right to affirmative relief. 33 L.R.A. (N.S.) 
 
 381. 
 
 Miscellaneous. 33 L.R.A. (N.S.) 382. 
 Taxation cases. 33 L.R.A.(N.S.) 382. 
 Public improvement cases. 33 L.R.A.(N.S.) 
 
 385. 
 
 IV. Liabilities of. 
 
 10. Generally. 
 
 Liability for interest, see INTEREST, 16. 
 Liability for public improvement, see PUB- 
 LIC IMPROVEMENTS, 17, 18. 
 
 Applicability to states of Workmen's Com- 
 pensation Acts. L.R.A.1918F, 190. 
 
 Circumstances under which employee of 
 state may recover remuneration for 
 extra work. 30 L.R.A. (N.S.) 660. 
 
 11. For torts or negligence. 
 
 Claim against state for damages from. 42 
 L.R.A. 64. 
 
 Liability of state for injury in state build- 
 ing. 42 L.R.A. (N.S.) 251. 
 
 Liability of eleemosynary institution main- 
 tained by, for personal tort of agent or 
 se'rvant. 4 L.R.A. (N.S.) 269. 
 
 School district as agency of state not liable 
 for tort. 49 L.R.A. (N.S.) 1026. 
 
 Conducting state fair or exposition as exer- 
 cise of governmental or private function 
 respecting liability for injury to patron. 
 L.R.A.1915E, 469. 
 
 12. Liability to suit. 
 
 When action against officers is deemed to 
 be action against the state. 44 
 L.R.A.(N.S.) 189. 
 
 When claim against state deemed based on 
 contract within statute permitting ac- 
 tion against state. 42 L.R.A. (N.S.) 
 256. 
 
 Immunity from suit of state institution not 
 of a political or governmental charac- 
 ter. 35 L.R.A.(N.S.) 243.
 
 1246 
 STATE, cont'd 
 
 INDEX TO L.R.A. NOTES. 
 
 STATE INSTITUTIONS. 
 
 V. Claims against ; indebtedness of. 
 
 13. Claims against. 
 
 Running of limitations on, see LIMITATION 
 
 OF ACTIONS, 16. 
 Priority of claims by or against, see PRIOR- 
 
 ITY, 3. 
 
 When claim against state deemed based on 
 contract within statute permitting ac- 
 tion against state. 42 L.R.A. (N.S.j 
 256. 
 
 Acceptance of partial allowance of claim 
 as an accord and satisfaction. 42 
 L.R.A.(N.S.> 117. 
 
 13a. what claims are valid de- 
 mands against state. 
 
 Generally. 42 L.R.A. 33. 
 
 Summary of cases in regard to claims. 42 
 
 L.R.A. 37. 
 
 For per diem. 42 L.R.A. 40. 
 For costs. 42 L.R.A. 41. 
 For fees. 42 L.R.A. 44. 
 For services. 42 L.R.A. 47. 
 For expenses. 42 L.R.A. 49. 
 For attorneys' fees. 42 L.R.A. 51. 
 For salary. 42 L.R.A. 53. 
 On contracts. 42 L.R.A. 54. 
 By public institutions. 42 L.R.A. 63. 
 For bounty and reward. 42 L.R.A. 63. 
 For damages from negligence and torts. 42 
 
 L.R.A. 64. 
 
 Under public health laws. 42 L.R.A. 65. 
 For injuries arising on canals and water- 
 
 courses. 42 L.R.A. 65. 
 For refunding mone}' paid to the state. 42 
 
 L.R.A. 69. 
 
 4. Indebtedness of. 
 
 Implied exemption of state bonds. 
 (X.S.) 663. 
 
 7 L.R.A. 
 
 15. limitation of. 
 
 As to what time is assessed valuation to 
 be taken for purpose of determining 
 debt limit of state. 28 L.R.A. (N.S.) 
 149. 
 
 Rule for determining the indebtedness with- 
 in the meaning of debt limit provisions, 
 where boundaries of different political 
 units are wholly or partly coincident. 
 L.R.A.1917E, 468. 
 
 STATE BANKS. 
 
 See BANKS, 49. 
 
 STATE COURTS. 
 
 See COURTS, 33, 34. 
 
 *-- 
 
 STATED ACCOUNT. 
 
 See ACCOUNTS, 2. 
 
 1. Generally. 
 
 Commitment of infants to, see INFANTS, 
 
 8. 
 
 Officers of, as public officers. 17 L.R.A. 
 246. 
 
 Taxes by county for. 37 L.R.A. 795. 
 
 Claim by, against state. 42 L.R.A. 63. 
 
 Liability of state for injury in any state 
 building. 42 L.R.A. (N.S.) 251.' 
 
 Residence at, for purpose of voting. 2& 
 L.R.A. 215. 
 
 State university as quasi corporation. 29 
 L.R.A. 381. 
 
 Immunity from suit of state institutions 
 not of a political or governmental 
 character. 35 L.R.A. (NiS.) 243. 
 
 Conducting state fair or exposition as exer- 
 cise of governmental or private func- 
 tion respecting liability for injury to 
 patron L.R.A. 1915E, 469. 
 
 Right of county or municipality to use pub- 
 lic funds to secure the retention or lo- 
 cation of a state institution \vithin its- 
 limits. L.R.A.1917E, 845. 
 
 2. Nature of incorporated institu- 
 tions belonging to state. 
 
 Nature of incorporated institutions belong- 
 in to the state. 29 L.R.A. 378. 
 
 STATE LAW. 
 
 Subordination or suspension of, during war. 
 L.R.A.1918F, 561. 
 
 STATEMENT. 
 
 Of mechanics' lien, see MECHANICS' LIENS, 
 26, 27. 
 
 Right of court to instruct jury as to statu- 
 tory statement by accused. 19 L.R.A. 
 (N.S.) 827. 
 
 STATE MILITIA. 
 
 See MILITIA. 
 
 *-*- 
 
 STATE'S EVIDENCE. 
 
 Effect of agreement for immunity of ac- 
 complice testifying for prosecution, see 
 CBIMINAL LAW, 34. 
 
 Admissibility of promise to obtain com- 
 promise* after repudiation of agreement 
 to turn state's evidence. 18 L.R.A. 
 (N.S.) 823. 
 
 Begin with this TtooTc on every law question. 
 
 STATE UNIVERSITIES. 
 
 As quasi corporations. 29 L.R.A. 381. 
 Free tuition in. L.R.A.1918F, 681.
 
 INDEX TO L.R.A. NOTES. 
 
 1247 
 
 STATION. 
 
 Duty of carrier to passengers in relation to, 
 
 see CARRIERS, 70, 72. 
 Governmental regulations concerning, see 
 
 CARRIERS, 161, 162. 
 Contract in relation to, see RAILROADS, 27. 
 
 STATION AGENT. 
 
 As fellow servants. 52 L.R.A.(N.S.) 1105. 
 
 Authority of station agent of initial carrier 
 to extend its undertaking beyond its 
 own line. 31 L.R.A.(N.S.) 33. 
 
 STATION MASTER. 
 
 Authority of, to contract for services of 
 other persons. L.R.A.1918F, 60. 
 
 STATIONARY ENGINES. 
 
 Negligence as to spark arresters on. 1 
 L.R.A. (N.S.) 530. 
 
 STATIONERY. 
 
 Right of taxpayer, in absence of statute, to 
 enjoin unlawful expenditures by mu- 
 nicipality for stationery. 36 L.R.A. 
 (N.S.) 22. 
 
 STATION GROUNDS. 
 
 Power to lay out streets or highways over. 
 24 L.R.A.(X.S.) 1213. 
 
 STATIONS. 
 
 Duty of carrier to passengers in rela- 
 tion to, see CARRIERS, 45, 46, 70-72, 
 94. 
 
 Governmental reaulations concerning, see 
 CARRIERS, 16], 162. 
 
 Contracts in relation to, see RAILROADS, 
 27. 
 
 STATISTICS. 
 
 Constitutionality of statutes in relation to 
 vital statistics. 39 L.R.A. (N.S.) 1015. 
 
 STATUS. 
 
 Presumptions and burden of proof as to, see 
 
 EVIDENCE. 22-24. 
 Of adopted child, see PARENT AND CHILD, 
 
 17. 18. 
 
 STATUTE OF FRAUDS. 
 
 See CONTRACTS. 25-59. 
 
 Consult also L.R.A. Digests of Cases. 
 
 STATUTE OF LIMITATIONS. 
 
 See LIMITATION OF ACTIONS. 
 
 STATUTES. 
 
 I. In general, 1,2. 
 II. Enactment; validity, 3-18. 
 
 a. Enactment; adoption; taking 
 
 effect, 3-7. 
 
 b. Validity generally, 8-1O. 
 
 c. Proof of, legislative jour- 
 
 nals; conclusivencss of en- 
 rolled bill, 11, 12. 
 
 d. Entitling; plurality of sub- 
 
 ject, 13, 14. 
 
 e. General and special; classi- 
 
 fication, 15-18. 
 
 III. Construction; operation; effect, 
 
 19-28. 
 
 a. In general, 19-22. 
 
 b. Meaning of 'words; manda- 
 
 tory or directory, 23, 
 24. 
 
 C. Construction of penal stat- 
 utes; strict or liberal con- 
 struction, 25, 26. 
 
 d. Adopted or re-enacted stat- 
 , utes, -27. 
 
 e. Prospective or retrospective, 
 
 28. 
 
 IV. Amendment; re-enactment; repeal, 
 
 29-35. 
 
 a. Amendment; re-enactment, 
 
 29, 30. 
 
 b. Repeal, 31-35. 
 
 I. In general. 
 
 1. Generally. 
 
 Extraterritorial enforcement of, see CON- 
 FLICT OF LAWS. 
 
 Validity of contract for services to procure 
 legislation, see CONTRACTS, 102. 
 
 Presumption as to, see EVIDENCE. 19, 20. 
 
 Presumption as to statutes of other state, 
 see EVIDENCE, 20. 
 
 Pure food statute, see FOOD. 
 
 Validity of ordinance on matters covered 
 by statute, see MUNICIPAL CORPORA- 
 TIONS, 25. 
 
 Violation of, as negligence, see NEGLIGENCE, 
 10. 
 
 Duties imposed on railroad by, see RAIL- 
 ROADS, 50. 
 
 Regulation of speed of railroad train by, see 
 RAILROADS, 72. 
 
 Removal of officer for failure to enforce 
 criminal or penal law. L.R.A.1918F, 
 1049. 
 
 Mandamus to compel delivery of copy or to 
 require promulgation of an act passed 
 by the legislature. 22 L.R.A. (N.S.) 
 1089. 
 
 Power of municipal corporation or govern- 
 mental body to use public funds to 
 promote the passage or to secure the 
 defeat of a law. L.R.A.1917B, 358. 
 
 2. Violation of. 
 
 Validity of contract in violation of, see CON- 
 TRACTS, 75, 76.
 
 1248 
 
 INDEX TO L.R.A. NOTES. 
 
 STATUTES, I. cont'd 
 
 Violation of statute by master as basis of 
 
 of action, see MASTER AND SERVANT, 
 
 54-57a. 
 Violation of, as negligence, see NEGLIGENCE, 
 
 10. 
 Private action for violation of, see PRIVATE 
 
 ACTION, 3. 
 Negligence of street railway company in 
 
 violation of, see STREET RAILWAYS, 
 
 11. 
 
 Suit for statutory penalty as a civil or 
 criminal prosecution. 27 L.R.A.(N.S.) 
 739. 
 
 Criminal responsibility for violation of stat- 
 ute after judicial ruling that it was 
 unconstitutional and before such ruling 
 had been changed. 33 L.R.A.(N.S.) 
 788. 
 
 Violation of statute or ordinance by plain- 
 tiff as precluding recovery for negli- 
 gence in action by or against driver or 
 owner of automobile. L.R.A.1915E, 
 959. 
 
 Violation of law by operator of automobile 
 as affecting defense of contributory neg- 
 ligence. L.R.A.1915D, 968. 
 
 II. Enactment; validity, 
 a. Enactment; adoption; talcing effect. 
 
 3. Generally. 
 
 Conclusiveness of 
 infra, 12. 
 
 enrolled bill as to, see 
 
 Making statute contingent on approval by* 
 the people, see CONSTITUTIONAL LAW, 
 
 Passage of, as excuse for nonperformance 
 of contract, see CONTRACTS, 124a. 
 
 Initiative and referendum, see INITIATIVE, 
 REFERENDUM, AND RECALL, 1. 
 
 Enactment of ordinance, see MUNICIPAL COR- 
 PORATIONS, 21. 
 
 Validity of Workmen's Compensation Act 
 as affected by failure to observe for- 
 malities in passing the act. L.R.A. 
 1917D, 63. 
 
 Adoption of English statutes as part of com- 
 mon law. 22 L.R.A. 508. 
 Power of legislature to enact a Code or com- 
 pilation of laws, or amend many or 
 undesignated sections thereof, by 
 a single statute. 55 L.R.A. 833. 
 Sa. Necessity of enacting clause. 
 In absence of constitutional provision re- 
 quiring an enacting clause. L.R.A. 
 1915B, 1060. 
 
 Under Constitution requiring an enacting 
 clause. L.R.A.1915B, 1060. 
 
 4. Revenue bills. 
 
 What are acts for raising revenue which 
 must originate in the lower branch of 
 the legislature. 35 L.R.A. 188. 
 
 Attack on enrolled bill for improper origin 
 of. 40 L.R.A.(N.S.) 13. . 
 
 5. Governor's part in enactment. 
 
 Withdrawal of bill from governor. 14 L.R.A. 
 251. 
 
 STATUTES, II. a cont'd 
 
 Power of governor to veto part only of stat- 
 ute. 55 L.R.A. 882. 
 
 Attack on enrolled bill for nonpresentation 
 to governor within time prescribed by 
 Constitution. 40 L.R.A. (N.S.) 23. 
 
 Attack on enrolled bill for nonapproval by 
 governor. 40 L.R.A. (N.S.) 23. 
 
 Resort to legislative journals to show pas- 
 sage of bill over governor's veto. 40 
 L.R.A.(N.S.) 34. 
 
 Attack on enrolled bill passed at special 
 session not within scope of governor's 
 message or proclamation. 40 L.R.A. 
 (N.S.) 27. 
 
 6. signing after adjournment of 
 legislature. 
 
 Right of the executive to sign a bill after 
 the adjournment of the legislative 
 bodies. 37 L.R.A. 391. 
 
 7. Time of passage of, and taking ef- 
 fect. 
 
 What is the time of "passage" of. 15 L.R.A. 
 
 243. 
 First and last days in computing time of 
 
 enactment. 49 L.R.A. 243. 
 Construction of constitutional limitations 
 as to time for introduction of bills 
 in legislative assemblies. 67 
 L.R.A. 965. 
 
 Impeachment of bill by showing introduc- 
 tion of it after time limited bv 
 constitution. 40 L.R.A. (N.S.) 12. 
 Time when initiated measure takes effect. 
 50 L.R.A. (N.S.) 209; L.R.A.1917B, 25. 
 Time when statute which is subject to refer- 
 
 endum takes effect. 50 
 210; L.R.A.1917B, 25. 
 
 L.R.A.(N.S.) 
 
 ft. Validity, generally. 
 
 8. Generally. 
 
 Necessity of enacting clause, see supra, 
 
 3a. 
 
 Power to cure unconstitutional 
 amendment, see infra, 30. 
 
 act by 
 
 Begin with this boofc on every law question. 
 
 Constitutionality of statute, generally, see 
 CONSTITUTIONAL LAW. 
 
 Constitutional provisions protecting private 
 rights, see CONSTITUTIONAL LAW. 
 
 Curative acts, see CONSTITUTIONAL LAW, 
 9, 10. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 19, 20. 
 
 Unconstitutionality of statute as defense 
 against mandamus to compel its en- 
 forcement, see MANDAMUS, 20. 
 
 Right in a collateral proceeding to raise 
 the question of the validity of a stat- 
 ute upon which a proceeding in a 
 criminal case is based. L.R.A. 1918D, 
 1007. 
 
 Consideration of extrinsic evidence to show 
 Unconstitutionality of. 14 L.R.A. 459; 
 L.R.A.1915D, 458.' 
 
 Unconstitutionality of statute as defense 
 against mandamus to compel its en- 
 forcement. 47 L.R.A. 512; 24 L.R.A. 
 (N.S.) 1260.
 
 INDEX TO L.R.A. NOTES. 
 
 1249 
 
 STATUTES, II. b cont'd 
 
 Prohibition against proceeding under uncon- 
 stitutional statute. 1 L.R.A. (N.S.) 
 843. 
 
 Effect of removal of constitutional objec- 
 tions to a statute. 48 L.R.A. (N.S.) 349. 
 
 Definitencss of statute establishing juvenile 
 courts. 45 L.R.A.(N.S.) 908. 
 
 9. Who may question validity. 
 
 Of anti-trust law, see MONOPOLY AND COM- 
 BINATIONS, 15. 
 
 Who may raise objection that a statute 
 contains an unconstitutional dis- 
 crimination. 32 L.R.A.(N.S.) 954. 
 Right of relator in mandamus proceedings 
 
 to attack constitutionality of statute 
 
 relied upon by respondent. 16 L.R.A. 
 
 (N.S.) 266. 
 "Who may question validity of workmen's 
 
 compensation act. L.R.A.1916A, 412; 
 
 L.R.A.1917D, 63. 
 Who may question validity of the Torrens 
 
 Law. L.R.A.ltllGD, 42. 
 
 10. Partial invalidity. 
 
 Of civil service laws. 34 L.R.A. (N.S.) 484. 
 
 c. Proof of, legislative journals; con- 
 clusiveness of enrolled bill. 
 
 11. Generally. 
 
 Judicial notice of legislative journals, see 
 EVIDENCE, 5. 
 
 Legislative journals as evidence. 23 L.R.A. 
 
 340; 40 L.R.A. (N.S.) 1. 
 Judicial notice of existence and contents of. 
 
 40 L.R.A.(N.S.) 38. 
 
 12. Conclusiveness of enrolled bill. 
 
 -Generally. 23 L.R.A. 340; 40 L.R.A.(N.S.) 
 
 Conflicting rules. 2 L.R.A. 348; 40 L.R.A. 
 
 (N.S.) 4. 
 Particular grounds of attack. 40 L.R.A. 
 
 (X.S.) 12. 
 Impeachment of bills of evidence other than 
 
 legislative journals. 40 L.R.A. (N.S.) 
 
 30. 
 Resort to legislative journals in aid' of bill. 
 
 40 L.R.A.(N.S.) 33. 
 Resort to evidence other than journals in 
 
 aid of bill. 40 L.R.A. (N.S.) 34. 
 Resort to journals to determine which of 
 
 two inconsistent bills is in force. 40 
 
 L.R.A.(N.S.) 35. 
 Conclusiveness of journal recitals. 40 
 
 L.R.A. (N.S.) 35. 
 Effect of inconsistent journal entries. 40 
 
 L.R.A. (N.S.) 36. 
 Presumption of regular enactment of bills. 
 
 40 L.R.A.(N.S.) 36. 
 Xiegality of enactment of bill as question of 
 
 law. 40 L.R.A. (N.S.) 37. 
 Necessity of pleading illegal enactment of 
 
 bill. 40 L.R.A.(N.S.) 37. 
 Proof of existence and contents of journals. 
 
 40 L.R.A. (N.S.) 38. 
 Consult also L.R..i. Digests of Cases. 
 
 STATUTES, II. cont'd 
 
 d. Entitling; plurality of subjects. 
 
 13. Generally. 
 
 Necessity and sufficiency of reference in title 
 of statute to appropriations to put its 
 purpose into effect. L.R.A.1917B, 812. 
 
 Sufficiency of title of statute embodying a 
 Code or compilation of laws. 55 
 L.R.A. 836. 
 
 Single statute embodying Code or compila- 
 tion of laws as affected by prohibition 
 against plurality of subjects. 55 
 L.R.A. 840. 
 
 Provision in act against giving away of in- 
 toxicating liquors where title only pro- 
 hibits or regulates its sale as contra- 
 vening the constitutional provision 
 that the subject of every bill be ex- 
 pressed in its title. 15 L.R.A. (N.S.) 
 430. 
 
 Validity of statute or ordinance authoriz- 
 ing a levying of taxes, incurring of in- 
 debtedness, or the appropriation of 
 money, for two or more purposes. 14 
 L.R.A.(N.S.) 519. 
 
 Sufficiency of title of civil service laws. 34 
 L.R.A.(N.S.) 483. 
 
 Sufficiency of title of primary election laws. 
 22 L.R.A.(N.S.) 1137; 41 L.R.A. 
 (N.S.) 133; L.R.A.1917A, 260. 
 
 Sufficiency of title of act as to licensing 
 automobiles. 52 L.R.A. (N.S.) 956. 
 
 Sufficiency of title of statutes in relation 
 to vinegar. 49 L.R.A. (N.S.) 1206. 
 
 Title of the Torrens Act. L.R.A.1916D, 20. 
 
 Validity of statute providing for attorney's 
 fee as affected by title to act. L.R.A. 
 1915E, 949. 
 
 Validity of Workmen's Compensation Stat- 
 ute as affected by title. L.R.A.1917D, 
 62. 
 
 Title as aid to construction. 2 L.R.A. 610. 
 
 14. Amendatory or revisory laws. 
 
 Sufficiency of title of statute amending 
 many or undesignated sections of 
 Code or compilation of laws. 55 
 L.R.A. 842. 
 
 Single statute amending many sections of 
 Code or compilation of laws as affect- 
 ed by prohibition against plurality of 
 subjects. 55 L.R.A. 850. 
 
 e. General and special; classification. 
 
 15. Generally. 
 
 As to equal protection and privileges, see 
 CONSTITUTIONAL LAW, IX. b. 
 
 General laws must be enacted where appli- 
 cable; legislative discretion. 14 L.R.A. 
 566. 
 
 Validity of classification in Sunday law. 
 .14 L.R.A.(N.S.) 1259; 32 L.R.A. 
 (N.S.) 1190. 
 
 Primary election law as special or local 
 law. 22 L.R.A.(N.S.) 1139; 41 L.R.A. 
 (N.S.) 135. 
 
 Local and special civil service legislation. 
 
 34 L.R.A.('N.S.) 483. 
 79
 
 1250 
 
 INDEX TO L.R.A. NOTES. 
 
 STATUTES, II. e cont'd 
 
 Statute providing for commission form of 
 government as special and local legis- 
 lation. 41 L.R.A. (N.S.) 112. 
 
 Constitutionality of private statutes to au- 
 thorize disposal of property. 16 
 L.R.A. 251. 
 
 Curative act as special legislation. 5 
 L.R.A.(N.S.) 327; 22 L.R.A.(N.S.) 
 534; 42 L.R.A. (N.S.) 465. 
 
 Consideration of extrinsic evidence to 
 show unconstitutionality of statute at- 
 tacked as local. 14 L.R.A. 459. 
 
 Attack on enrolled bill for failure to give 
 notice of application for passage of. 
 40 L.R.A. (N.S.) 28. 
 
 Statute establishing juvenile court as a 
 special or local law. 45 L.R.A. (N.S.) 
 911. 
 
 Statute licensing automobiles as local or 
 specific act. 52 L.R.A. (N.S.) 957. 
 
 The Torrens Law as special or local. L.R.A. 
 1916D, 20. 
 
 Statute requiring license to keep inn, hotel, 
 boarding or lodging house or restau- 
 rant as a special or local law. L.R.A. 
 1915B, 1101. 
 
 Acts regulating speed 
 L.R.A.1918D, 134. 
 
 of automobiles. 
 
 16. Municipal matters. 
 
 Annexation of territory to municipality by. 
 27 L.R.A. 743. 
 
 Discrimination with respect to occupation 
 tax based on classification of munic- 
 ipalities. 15 L.R.A. (N.S.) 195. 
 
 Constitutionality of commission form of 
 government. 35 L.R.A.(N.S.) 802; 51 
 L.R.A.(N.S.) 632; L.R.A.1917A, 1260. 
 
 17. Taxes. 
 
 Classification for purposes of corporate 
 taxation. 60 L.R.A. 339. 
 
 Discrimination with respect to occupation 
 tax based on classification of munici- 
 palities. 15 L.R.A. (N.S.) 195. 
 
 18. succession taxes. 
 
 Local or special succession tax law. 33 
 L.R.A.(N.S.) 600. 
 
 Classification of inheritances or gifts for 
 purposes of succession tax on basis of 
 amount. 6 L.R.A.(N.S.) 732. 
 
 III. Construction, operation, effect, 
 a. In general. 
 
 19. Generally. 
 
 Effect of repeal, see infra, 33-35. 
 
 Construction and effect of statute relating 
 to particular subjects, see particular 
 titles, e. g., LIMITATION OF ACTIONS; 
 MUNICIPAL COBPOBATIONS. 
 
 Extraterritorial effect of statute, see CON- 
 FLICT OF LAWS. 
 
 Construction of constitution, see CONSTITU- 
 TIONAL LAW, 5, 6. 
 
 Construction of initiative and referendum 
 statutes, see INITIATIVE, REFERENDUM 
 AND RECALL, 1. 
 
 STATUTES, III. a cont'd 
 
 Statutory authority as defense to liability 
 for maintaining nuisance, see NUI- 
 SANCES, 28, 29. 
 
 Implied sanction of evil by. ]4 L.R.A. 846. 
 
 Construction of statutes legalizing invalid 
 municipal contracts. 27 L.R.A. 704. 
 
 Construction of statutes as to exemption 
 from inheritance or succession taxe>. 
 23 L.R.A.(N.S.) 1209; 48 L.R.A.(N.S.) 
 373. 
 
 Effect of passage, before expiration of time 
 for performance of contract, of statute 
 rendering performance impossible. 10" 
 L.R.A. (N.S.) 415; 41 L.R.A. (N.S.) 
 554, 559. 
 
 Effect of, to defeat or preserve pending 
 civil actions. 14 L.R.A. 721. 
 
 Legislative requirements as defense to car- 
 rier for delay in transportation of pas- 
 sengers or freight. 31 L.R.A. (N.S.) 
 1184. 
 
 Effect on pending action of expiration of 
 statutory period permitting litigation- 
 by corporation after dissolution. 32 
 L.R.A. (N.S.) 452. 
 
 Effect on pre-existing judgments of statute 
 permitting release of one joint judg- 
 ment debtor without affecting the oth- 
 ers. 9 L.R.A. (N.S.) 10G6. 
 
 Statute as to effect of intent not to pay for 
 goods purchased. 44 L.R.A. (N.S.) 25. 
 
 Scope and effect of statutes making compe- 
 tent entries, memoranda, and declara- 
 tions of a deceased person. 44 L.R.A. 
 (N.S.) 28. 
 
 Violation of statute in relation to blocking, 
 railroad crossing as affecting liability 
 for injury. 47 L.R.A. (N.S.) 820. 
 
 Federal courts following state decisions as 
 to construction and effect of. 40 
 L.R.A.(N.S.) 393. 
 
 20. Legislative intent. 
 
 Implication from penalty that legislature 
 intended that contract in violation of 
 statute should be invalid. 12 L.R.A. 
 (N.S.) 588. 
 
 21. Construing statutes together. 
 
 22. Effect to abrogate maxim that 
 one cannot profit by his own wrong. 
 
 Divorce statutes. 25 L.R.A. 565. 
 
 Statutes of limitation. 25 L.R.A. 566. 
 
 Statutes against foreign corporations. 25 
 L.R.A. 569. 
 
 Statute compelling railroad company to 
 carry baggage free. 25 L.R.A. 569. 
 
 Statute avoiding auction sales when duty 
 unpaid. 25 L.R.A. 569. 
 
 Statute of frauds. 25 L.R.A. 569. 
 
 Statutes providing for discharge in bank- 
 ruptcy. 25 L.R.A. 571. 
 
 Statutes imposing liability for negligence- 
 25 L.R.A. 572. 
 
 Statutes giving dower. 25 .L.R.A. 573. 
 
 Estoppel generally. 
 Nebraska decisions. 
 
 25 L.R.A. 573. 
 25 L.R.A. 573. 
 
 Begin u-ith this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1251 
 
 STATUTES, III. cont'd 
 
 Z>. Meaning of words; mandatory or 
 directory. 
 
 23. Generally. 
 
 Corporations as persons within statutes, 
 see CORPORATIONS, 9. 
 
 Do terms "child," "children," "issue," etc. 
 jn statutes governing distribution of 
 decedent's estate include adopted 
 children. 30 L.R.A.(N.S.) 914; L.R.A. 
 1918F, 1082. 
 
 Does widow come within the term "heirs." 
 L.R.A.1918A, 1108. 
 
 Meaning of words "unmarried" and "with- 
 out having been married" in statute. 
 15 L.R.A. 292. 
 
 Who is a peddler or hawker within statu- 
 tory regulations. L.R.A.19J6B, 1293. 
 
 Ifand car as a car within statute. L.R.A. 
 1915A, 817. 
 
 Who is a negro, mulatto, or a person of 
 color within statute not specifically de- 
 fining the same. L.R.A.1915A, 828. 
 
 Meaning of term "waterproof." L.R.A. 
 1918B, 826. 
 
 24. Mandatory or directory. 
 
 When word "may" in statute is to be deem- 
 ed mandatory. 5 L.R.A. (N.S.) 340. 
 
 c. Construction of penal statutes; strict 
 or liberal construction. 
 
 25. Generally. 
 
 Statutes enhancing penalty for crime com- 
 mitted by habitual criminals or prior, 
 offenders' 34 L.R.A. 400. 
 
 Statutory provision for penalty as affecting 
 validity of contract made by foreign 
 corporation without complying with 
 statutory conditions of doing business. 
 4 L.R.A. (N.S.) 688. 
 
 Hours of service laws as penal statutes. 
 L.R.A.1915D, 408; L.R.A.1917A, 1202. 
 
 26. Strict or liberal construction. 
 
 Strict or liberal construction of statute fix- 
 ing penalty for taking of usury by 
 national bank. 56 L.R.A. 674. 
 
 Liberal or strict construction of Federal 
 employers' liability act. 47 L.R.A. 
 (N.S.) 45; L.R.A.1915C, 48. 
 
 Strict or liberal construction of workmen's 
 compensation acts. L.R.A.191oA, 215; 
 L.R.A.1917D, 89. 
 
 d. Adopted or re-enacted statutes. 
 27. Generally. 
 
 e. Prospective or retrospective. 
 
 28. Generally. 
 
 Constitutionality of retrospective act, see 
 CONSTITUTIONAL LAW, 8-10. 
 
 Retroactive effect of statute as to effect of 
 'conviction on marriage relation. 31 
 L.R.A. 520. 
 
 Retroactive effect of statutes relative to 
 employers' liability for injuries to 
 servants. 44 L.R.A'. (N.S.) 841. 
 
 Consult also L.R.A. Digests of Cases. 
 
 STATUTES, III. e cont'd 
 
 Retroactive operation of Federal employers' 
 liability act. 47 L.R.A.(N.S.) 45; 
 L.R.A.1915C, 48. 
 
 Retroactive effect of workmen's compensa- 
 tion acts. L.R.A.1916A, 216; L.R.A. 
 1917D, 89. 
 
 Retrospective operation of succession tax. 
 44 L.R.A. (N.S.) 419. 
 
 Retrospective effect of statute prescribing 
 grounds of divorce. L.R.A.1917C, 160. 
 
 Effect of subsequent statute on executory 
 judgment. L.R.A.1918D, 253. 
 
 Effect of Webb-Kenyon Act on statutes en- 
 acted before its passage. L.R.A. 1916C. 
 309; L.R.A.1918B, 461. 
 
 Applicability to existing purchaser, of 
 changes in law relating to redemption 
 from judicial sales. L.R.A.1915C, 414. 
 
 Statute changing time allowed for appeal 
 or writ of error as affecting pend- 
 ing action. 51 L.R.A. (N.S.) 760. 
 
 Applicability to existing judgments of stat- 
 ute abolishing or diminishing exemp- 
 tions. 25 L.R.A.(N.S.) 189. 
 
 Applicability to existing contracts, of stat- 
 ute avoiding contractual stipulations 
 limiting time for action. 38 L.R.A. 
 (N.S.) 1016. 
 
 Applicability to past sales of statute elim- 
 inating notice of expiration of redemp- 
 tion period required by previous stat- 
 ute, or requiring such notice when 
 none was before required. 10 L.R.A. 
 (N.S.) 818. 
 
 IV. Amendment; re-enactment; repeal, 
 a. Amendment; re-enactment. 
 
 29, 30. Generally. 
 
 Sufficiency of title of amendatory act, see 
 supra, 14. 
 
 Construction of re-enacted statute, see 
 supra, 27. 
 
 Amendment of constitution, see CONSTITU- 
 TIONAL LAW, 4. 
 
 Power to cure unconstitutional act by 
 amendment, see CONSTITUTIONAL LAW, 
 9. 
 
 Necessity of re-enacting statute after re- 
 moval of constitutional objections 
 thereto. 48 L.R.A. (N.S.) 349. 
 
 Necessity of re-enacting and publishing at 
 full length Code or compilation of laws 
 sought to be amended. 55 L.R.A. 853. 
 
 Amendment and substitution of bills after 
 expiration of constitutional limitation. 
 67 L.R.A. 967. 
 
 Amendment of initiative and referendum 
 legislation. 50 L.R.A. (N.S.) 208; 
 L.R.A.1917B, 24. 
 
 Primary election law as amendment to, 
 prior act. 22 L.R.A. (N.S.) 1139; L.R.A. 
 1917A, 260. 
 
 ft. Repeal. 
 
 31. Generally. 
 
 Of ordinance, see MUNICIPAL CORPORATIONS, 
 22.
 
 IXDEX TO L.R.A. NOTES. 
 
 STATUTES, IV. b cont'd 
 
 Repeal of municipal exemption of rural 
 lands within corporate limits. 27 
 L.R.A.(N.S.) 696. 
 
 Repeal of initiative and referendum legisla- 
 tion, 50 L.R.A.(N.S.) 208; L.R.A. 
 1917B, 24. 
 
 Power to repeal act on which a referendum 
 has been filed. L.R.A.1917B, 26. 
 
 32. Implied repeal. 
 
 Implied repeal of statute exempting corpor- 
 ation from taxation. 60 L.R.A. 93. 
 
 Repeal of statute excluding evidence dis- 
 covered or obtained by judicial pro- 
 ceedings against accused. 37 L.R.A. 
 (N.S.) 96. 
 
 Statutory removal of disability of coverture 
 as repealing exception in Statute of 
 Limitations in favor of married women. 
 L.R.A.1918C, 193. 
 
 33. Effect of repeal. 
 
 Effect of repeal or alteration of statute al- 
 lowing claim against state. 42 L.R.A. 
 38. 
 
 Effect of repeal on existing right of action. 
 4 L.R.A. 555;* 14 L.R.A. 721. 
 
 Effect of repeal of prohibitory statute on 
 validity of contract. 12 L.R.A. (N.S.) 
 591. 
 
 Repeal of statute imposing succession tax, 
 as affecting estate of one who died be- 
 fore the repealing act took effect. 8 
 L.R.A.(N.S.) 1210. 
 
 Effect of repeal of statute on condition as 
 de facto officer. 15 L.R.A. (N.S.) 98. 
 
 34. on pending actions. 
 
 Pending appeal, see APPEAL AND ERROR, 
 11. 
 
 Effect of repeal to defeat or preserve pend- 
 ing civil actions. 14 L.R.A. 722. 
 
 Effect of repeal of civil statute pending 
 motion for new trial from judgment 
 based thereon. 37 L.R.A. (N.S.) 934. 
 
 g 35. on criminal liability. 
 
 Effect of repeal without saving clause or 
 penal statute or ordinance upon prior 
 conviction under it. 23 L.R.A. (N.S.) 
 243. 
 
 Effect of repeal for repugnancy of criminal 
 statute on prior offense. 9 L.R.A. 
 (N.S.) 165. 
 
 STATUTORY NEW TRIAIi. 
 
 In ejectment, see EJECTMENT, 13. 
 
 STATUTORY REMEDY. 
 
 Exclusiveness of, see ELECTION OF REME 
 DIES, 32. 
 
 STATUTORY STATEMENT. 
 
 Right of court to instruct jury as to stat- 
 utory statement by accused. 19 L.R.A. 
 (N.S.) 827. 
 
 STAY. 
 
 Of action, see ACTION OB SUIT, 20. 
 
 On appeal, see APPEAL AND ERROR, 9- 
 
 lOa, 15-17, 46. 
 Liability on appeal bond, see APPEAL AND 
 
 ERROR, 46. 
 Of execution, see EXECUTION. 12. 
 Of execution of sentence for crime, see 
 
 CRIMINAL LAW, 84. 
 
 STEALING. 
 
 Sec LARCENY. 
 
 STEAM. 
 
 Municipal regulation of, as nuisance. 38 
 L.R.A. 306; 39 L.R.A. 621. 
 
 Liability for turning into sewer. 15 L.R.A. 
 (N*S.) 957. 
 
 Duty to prevent escape of steam from en- 
 gine in highway so as to frighten 
 horses. 31 L.R.A. (N.S.) 1209. 
 
 Private action for injury by violation of 
 police ordinance against blowing off 
 steam.' 5 L.R.A. (N.S.) 244. 
 
 Frightening of horse by blowing off of 
 steam by railroad company operating 
 trains longitudinally along public 
 street. 49 L.R.A. (N.S.) 677. 
 
 STEAMBOATS. 
 
 See SHIPPING. 
 
 STEAM BOILER. 
 
 Master's duty to inspect. 41 L.R.A. 87. 
 Res ipsa loquitur in case of explosion of, in- 
 juring servant. L.R.A.1917E, 187. 
 
 STEAMER. 
 
 See SHIPPING. 
 
 Begin with this boote on every law question. 
 
 STEAM HEATING PLANT. 
 
 As part of realty. 1 B. R. C. 972.
 
 INDEX TO L.R.A. NOTES. 
 
 1253 
 
 STEAM POWER. 
 
 As dangerous ageney for injury by which, 
 when used by servant master is liable. 
 10 L.R.A.(N.S.) 382. 
 
 STEAM ROLLER. 
 
 Liability for fires set by, see FIRES, 8. 
 
 STEAMSHIP. 
 
 See SHIPPING. 
 
 STEAMSHIP COMPANY. 
 
 State tax on receipts and income of. 57 
 
 L.R.A. 64. 
 Service of process on, by delivery to ticket 
 
 agent. L.R.A.191GF, 453. 
 
 STEAMSHIP TICKETS. 
 
 Notice to passenger of conditions on. 23 
 L.R.A. 846. 
 
 STENOGRAPHER. 
 
 1. Generally. 
 
 Unauthorized presence of stenographer in 
 grand jury room as affecting indict- 
 ment. L.R.A.1916D, 1123. 
 
 Improper influence or interference with 
 grand jury by. 28 L.R.A. 371. 
 
 Communication to, as publication of libel. 
 1 B. R. C. 455; L.R.A.1918F, 568. 
 
 Stockholder's right to assistance of, in in- 
 specting corporate books. 20 L.R.A. 
 (N.S.) 197. 
 
 2. Official stenographer. 
 
 Improper influence or interference with 
 
 grand jury by. 28 L.R.A. 371. 
 Attorney's implied power to bind client for 
 
 fees of. 23 L.R.A. (N.S.) 703. 
 Disposition of appeal on death or default of 
 
 official stenographer. 25 L.R.A. (N.S.) 
 
 867. 
 
 I 
 
 3. minutes of. 
 Right of jury to have reporter's shorthand 
 
 notes read to them. 21 L.R.A. (N.S.) 
 
 931. 
 Impeachment of enrolled bill by. 40 L.R.A. 
 
 (N.S.) 32. 
 
 STEPCHILDREN AND STEP- 
 PARENTS. 
 
 Stepchildren as members of the family of 
 
 insured. 3 L.R.A. (N.S.) 334. 
 Consult also L.R.A. Digests of Cases. 
 
 STEPCHILDREN AND STEPPARENTS 
 cont'd 
 
 Stepchild as beneficiary under contract of 
 benefit associaton. 2 L.R.A. (N.S.) 653; 
 36 L.R.A.(N.S.) 208; L.R.A.1916B, 905. 
 
 Statutory right of action for death of step- 
 parents. L.R.A.1916E, 130. 
 
 Abandonment of homestead by stepparent, 
 effect on rights of children. 56 L.R.A. 
 84. 
 
 Liability for necessaries furnished step- 
 child. 42 L.R.A. (N.S.) 535. 
 
 Presumption and burden of proof as to un- 
 due influence respecting gifts inter 
 vivos to stepchildren. 35 L.R.A. (N.S.) 
 949. 
 
 Implied agreement to pay for services ren- 
 dered to stepparents. 11 L.R.A. (N.S.) 
 885. 
 
 Authority of stepchild to bind parent by 
 contracts other than those for neces- 
 saries. 39 L.R.A. (N.S.) 885. 
 
 Voluntariness of confession to stepfather. 
 18 L.R.A. (N.S.) 854. 
 
 STEPPING BLOCKS. 
 
 In highway, see HIGHWAYS, 36. 
 
 As unlawful obstructions or nuisances. 
 L.R.A.(N.S.) 853. 
 
 31 
 
 STEPS. 
 
 Municipal liability for injury by steps in 
 
 street. 20 L.R.A. (N.S.) 637; 43 L.R.A. 
 
 (N.S.) 1158. 
 Right of abutting owner to extend steps. 
 
 into street. 24 L.R.A. (N.S.) 193. 
 Steps extending beyond line as violation of 
 
 building restriction. 52 L.R.A. (N.S.) 
 
 1050. 
 
 STERILIZATION. 
 
 Of criminals or defectives. 41 L.R.A. (N.S.) 
 419; L.R.A.1918D, 236. 
 
 STEVEDORE. 
 
 Contracts of; jurisdiction of admiralty as 
 to. 66 L.R.A. 229. 
 
 Jurisdiction of admiralty over suit for in- 
 jury to. 51 L.R.A. (N.S.) 1157. 
 
 Liability of shippers of goods for injuries 
 to. 46 L.R.A. 104. 
 
 Maritime lien for services of. 70 L.R.A. 
 384. 
 
 As independent contractor. 65 L.R.A. 470; 
 17 L.R.A.(N.S.) 375. 
 
 STEWARDS. 
 
 Character of occupancy by steward of club. 
 4 L.R.A.(N.S.) 718.
 
 1254 
 
 STICKS. 
 
 INDEX TO L.R.A. NOTES. 
 
 STOCK CERTIFICATE. 
 
 As deadly weapons. 21 L.R.A. (N.S.) 504. 
 Master's liability for injury by defects in. 
 51 L.R.A.(N.S.) 338. 
 
 STIFLIXG COMPETITION. 
 
 See MONOPOLY AND COMBINATIONS. 
 
 STIPULATED DAMAGES. 
 
 See DAMAGES, 38-40. 
 
 STIPULATION. 
 
 Limiting liability of common carrier, see 
 
 CABRIEBS, 91, 128-135. 
 In telegraph blank, see TELEGRAPHS, 20, 
 
 21. 
 During trial, see TRIAL, 7. 
 
 Fraud or perjury .as ground of attack upon 
 a judgment entered upon stipulation 
 or compromise. 45 L.R.A. (N.S.) 1159. 
 
 Collateral attack on judgment by, for fraud 
 not affecting the jurisdiction. 36 
 L.R.A.(N.S.) 987. 
 
 STOCK. 
 
 Livestock, see ANIMALS; RAILROADS, 73- 
 76, 85. 
 
 Of building and loan association, see BUILD- 
 ING AND LOAN ASSOCIATION, 3. 
 
 Corporate stock generally, see CORPORA- 
 TIONS, VIII. 
 
 STOCK AND PRODUCE EXCHANGE. 
 
 See BOARD OF TRADE; EXCHANGES. 
 
 STOCK BREEDERS. 
 
 Validity of contract with unlicensed breed- 
 er. 12 L.R.A. (N.S.) 617. 
 
 STOCK BROKERS. 
 
 See BROKERS. 
 
 STOCK CARS. 
 
 In general, see CARRIERS, 124-127. 
 
 Risk assumed by passenger on. 19 L.R.A. 
 311. 
 
 See CORPORATIONS, Vni. 
 
 STOCK DIVIDENDS. 
 
 Right to, as between life tenant and remain- 
 dermen, see LIFE TENANTS, 6. 
 In general, see CORPORATIONS, 100. 
 
 STOCK DROVER. 
 
 See DROVERS. 
 
 4 
 
 STOCK EXCHANGE. 
 
 See EXCHANGES. 
 
 STOCKHOLDERS. 
 
 Of corporation, see CORPORATIONS, VIII. 
 
 STOCKHOLDERS' LIABILITIES. 
 
 See CORPORATIONS, 104-121. 
 
 STOCKMEK". 
 
 See DROVERS. 
 
 STOCK NOTE. 
 
 When limitations begin to run against ac- 
 tion on stock note of mutual insurance 
 company. 1 L.R.A. (N.S.) 914. 
 
 STOCK PENS. 
 
 See CARRIERS, 125. 
 
 STOCK RAISERS. 
 
 Combination among, as a monopoly. 44 
 L.R.A.(N.S.) 1104. 
 
 STOCK RIGHTS. 
 
 See CORPORATIONS. 100-102; LIFE TEN- 
 
 JBegin ivith this boo7c on every laiv question. 
 
 ANTS, 6.
 
 INDEX TO L.R.A. NOTES. 
 
 1255 
 
 STOCK TRANSFER TAX. 
 
 See TAXES, 107. 
 
 STOCK YARDS. 
 
 1. Generally. 
 
 Maintenance by stock yards companies of 
 private siding, tap line, connecting 
 tracks or other switching facilities as 
 carrying on the business of a common 
 carrier. L.R.A.1918B, 684. 
 
 Use of railroad right of way for purposes 
 of, as against owner of fee. 36 L.R.A. 
 (N.S..) 518. 
 
 On railroad right of way as separate sub- 
 jects of taxation. L.R.A.1916E, 416. 
 
 Duty of carrier of live stock to provide. 
 L.R.A.1918C, 539. 
 
 Duty of carrier to deliver car at. 41 L.R.A. 
 (N.S.) 682. 
 
 Discrimination bv carrier in delivering live 
 stock to stock yards. 12 L.R.A. (N.S.) 
 511. 
 
 
 
 2. As nuisance. 
 
 Municipal power over, as a nuisance. 38 
 L.R.A. 655. 
 
 Duty of carriers of live stock as to, at 
 stations. 44 L.R.A. 289. 
 
 Power of municipal corporation to prevent 
 stock yards within corporate limits. 
 28 L.R.A. (N.S.) 122. 
 
 Presumption of statutory authority of rail- 
 road to commit nuisance by maintain- 
 ing. 70 L.R.A. 589. 
 
 STOLEN NOTES. 
 
 See STOLEN PROPERTY, 2. 
 
 STOLEN PROPERTY. 
 
 1. Generally. 
 
 Stolon stock certificates, see CORPORATIONS, 
 
 1 7 5 
 
 Receiving stolen property, see RECEIVING 
 
 STOLEN PROPERTY. 
 As to larceny generally, see LARCENY. 
 
 Validity and enforceability of contract to 
 compensate the owner of property stol- 
 en in absence of duress or agreement, 
 express or implied, to stifle prosecution. 
 L.R.A.19151-;, 139. 
 
 Running of limitations against action to 
 recover. 29 L.R.A. (N.S.) 120; 34 
 L.R.A.(N.S.) 621. 
 
 2. Commercial paper. 
 
 Lost or stolen check. 26 L.R.A. 571. 
 
 Circumstances sufficient to put purchaser of, 
 
 on inquiry. 29 L.R.A. (N.S.) 385. 
 Maker's right to defend against transferee 
 
 after maturity on ground that com- 
 
 mercial paper had been stolen. 46 
 
 L.R.A. 775. 
 Consult also L.R.A. Digests of Cases. 
 
 STOLEN PROPERTY cont'd 
 Right to recover on a bill or note stolen 
 before delivery. L.R.A.1915E, 351. 
 
 STONES. 
 
 Municipal liability for injury by stones in 
 street. 20 L.R.A. (N.S.) 615. 
 
 Right to stone upon railroad right of way 
 as between company and fee owner. 45 
 L.R.A.(N.S.) 800. 
 
 STOOL. 
 
 Master's liability for injury by defects in. 
 51 L.R.A.(N.S.) 339. 
 
 STOP, LOOK, AND LISTEN. 
 
 Duty to, before crossing railroad track, 
 
 see RAILROADS, 83, 84. 
 Before crossing street car tracks, see 
 
 STREET RAILWAYS, 21. 
 
 STOPOVER. 
 
 See CARRIERS, 47. 
 
 STOPPAGE IN TRANSITU. 
 
 See SALE, 61. 
 
 STOPPING. 
 
 At railroad track to listen, see RAILROADS, 
 
 83, 84. 
 At street car track to listen, see STREET 
 
 RAILWAYS, 21. 
 
 STOPPING PAYMENT. 
 
 Of check, see BANKS, 25a. 
 
 STOPPING TRAINS. 
 
 Right to require, see CARRIERS, 162. 
 Failure to stop train as proximate cause of 
 
 injury to passenger, see PROXIMATE 
 
 CAUSE, 9. 
 
 STORAGE. 
 
 Charge for, by carrier, see CARRIERS, 141. 
 Cold storage, see COLD STORAGE. 
 In warehouse, see WAREHOUSES.
 
 1256 
 
 INDEX TO L.R.A. NOTES. 
 
 STORAGE cont'd 
 
 Effect of breaking continuity of shipment 
 by storage of goods for reshipment in 
 the course of trade, on its interstate 
 character. L.R.A.1917D, 1190. 
 
 Contract for; jurisdiction of admiralty. 66 
 L.R.A. 233. 
 
 Right to store appropriated water. 46 
 LJR.A. 322; 17 L.R.A.(N.S.) 329. 
 
 Right of one not in the storage business to 
 a common law lien for storage charge. 
 39 L.R.A.(N.S.) 1164. 
 
 Lien upon automobile for. L.R.A.1918D, 
 330. 
 
 Right to use railroad right of way as 
 against owner of fee for storage pur- 
 poses. 36 L.R.A,(N.S.) 518. 
 
 Loss of profits as element of damages in 
 case of storage contracts. 53 L.R.A. 
 65. 
 
 Negligence in storage of explosives. 29 
 L.R.A. 724. 
 
 Of explosives as nuisance. 16 L.R.A. (N.S.) 
 691; L.R.A.1915A, 615. 
 
 Municipal liability for injury by storage of 
 vehicles, lumber, etc., in street. 20 
 L.R.A.(N.) 612. 
 
 Liability for damages by escape of danger- 
 ous substance stored on premises. 
 15 L.R.A. (N.S.) 535. 
 Water. 15 L.R.A. (N.S.) 541; 33 L.R.A. 
 (N.S.) 1061. 
 
 Encroachment on public street or alley by 
 occupier of abutting property for pur- 
 pose of, as basis of adverse possession 
 or estoppel. 36 L.R.A. (N.S.) 1056. 
 
 Business of storing grain in warehouses as 
 affected with a public interest authoriz- 
 ing regulation of rates and prices. 6 
 L.R.A.(N.S.) 836. 
 
 STORAGE RESERVOIR. 
 
 Passing of, to grantee of mill. 58 LR.A. 490. 
 
 Right to consider value of property as part 
 of natural water power in fixing com- 
 pensation for taking land for. 3 L.R.A. 
 (N.S.) 912. 
 
 STOREKEEPER. 
 
 1. Duty and liability towards ens-- 
 toniers. 
 
 Liability for injury by elevator to customer 
 in store, see ELEVATORS, 6. 
 
 Liability for malicious act of servants to- 
 wards customers. 4 L.R.A. (N.S.) 485. 
 
 Liability of, for property stolen from cus- 
 tomers. 10 L.R.A. (N.S.) 314. 
 
 Applicability of rule res ipsa loquitur as 
 between storekeeper and customer. 16 
 L.R.A.(N.S.) 931. 
 
 Duty of store or shopkeeper toward custom- 
 er, as to condition of premises. 21 
 L.R.A. (N.S.) 456; L.R.A. 1915F, 572. 
 
 STORE ORDERS. 
 
 Usury in. 42 L.R.A. (N.S.) 1058. 
 
 STORES. 
 
 Department stores, see DEPARTMENT 
 STORES. 
 
 What passes under devise or bequest of 
 
 store. L.R.A.1917D, 435. 
 Constitutionality of statutes against "com- 
 
 pany stores." 21 L.R.A. 797. 
 Insurable interest in fluctuating property 
 
 in. 52 L.R.A. 340. 
 Servants in, as fellow servants. 50 L.R.A. 
 
 436. 
 Operator of- elevator or other hoisting appa- 
 
 ratus as fellow servant of other em- 
 
 ployees in. 41 L.R.A.(N.S.) 158. 
 Validity of classification in Sunday law as 
 
 to keeping open. 14 L.R.A. (N.S.) 
 
 1259; 32 L.R.A. (N.S.) 1190. 
 Validity of statute or ordinance requiring 
 
 closing of, at certain hours. L.R.A. 
 
 1916A, 654. . 
 
 STORM. 
 
 Municipal liability for injury by surface 
 water during unusual storms. 65 
 L.R.A. 277. 
 
 Liability for injury on wharf by vessel at- 
 tached thereto during storm. 27 L.R.A. 
 (N.S.) 312. 
 
 Snowstorm as act of God relieving carrier 
 from liability. 24 L.R.A. (N.S.) 1209. 
 
 Effect of, on duty as to electric wires over 
 highway. 22 L.R.A. (N.S.) 1174. 
 
 Duty to protect traveler from personal in- 
 jury or death from electricity carried 
 from wires strung along highway as 
 affected by storms. 1 B. R. C. 808. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by rainfalL 
 49 L.R.A. (N.S.) 198. 
 
 STORM DOORS. 
 
 As fixtures. 30 L.R.A. (N.S.) 1189. 
 
 STORM WINDOWS. 
 
 As fixtures. 30 L.R.A. (N.S.) 1189. 
 
 Begin with this book on every law question. 
 
 STOVES. 
 
 Gas stoves as fixtures. 17 L.R.A. (N.S.) 
 
 699. 
 As part of realty. 1 B. R. C. 972.
 
 INDEX TO L.R.A. NOTES. 
 
 STOWAGE. 
 
 Provision relieving carrier from liability for 
 loss by stowage as extending to loss 
 caused by negligence. 6 B. R. C. 128. 
 
 STRAIGHT LINE METHOD. 
 
 Of treatment of depreciation in estimating 
 return of a public service corporation 
 for rate-making purposes. 52 L.R.A. 
 (N.S.) 33. 
 
 STRAIN. 
 
 Right to recover on insurance policy for in- 
 jury from, see INSURANCE, 163. 
 
 Recovery under Workmen's Compensation 
 Act for incapacity resulting from. 
 L.R.A.1917D, 108, 111; L.R.A.1918F, 
 873. 
 
 - --* - 
 
 STRAITS. 
 
 Jurisdiction over. 46 L.R.A. 266. 
 
 STRANDING. 
 
 Voluntary, effect of, upon liability on ma- 
 rine insurance policy.' 1 L.R.A. (N.S.) 
 1097. 
 
 STRANGULATION. 
 
 Of horse during transportation. 39 L.R.A. 
 (N.S.) 643. 
 
 STRAW. 
 
 Tenant's rights as to, see LANDLORD AND 
 TENANT, 51. 
 
 Regulation of storage of, for purpose of fire 
 protection. 41 L.R.A. (N.S.) 457. 
 
 STREAMS. 
 
 See WATERS. 
 
 STREET CARS. 
 
 Injury by, see STREET RAILWAYS, 10-24. 
 
 As dangerous agency for injury by which, 
 when used by servant, master is liable. 
 10 L.R.A.(N.S.) 390. 
 
 Consult also L.R.A. Digests of Oases. 
 
 STREET CARS cont'd 
 
 Negligence of servant in sending out unsafe 
 
 cars causing injury to other servants. 
 
 1 L.R.A.(N.S.) 670. 
 
 STREET CAR TRANSFER. 
 
 See CARRIERS, 27. 
 
 STREET CLEANING. 
 
 As a governmental function. L.R.A.1915C, 
 741. 
 
 STREET COMMISSIONERS. 
 
 See HIGHWAYS, 114. 
 
 STREET FRANCHISE. 
 
 See HIGHWAYS, 21-32. 
 
 STREET INTERSECTIONS. 
 
 Liability of street railway for assessment 
 for pavements at. 46 L.R.A. 196. 
 
 STREET LIGHTING. 
 
 See HIGHWAYS, V. d. 
 
 STREET NUMBER. 
 
 Description of land in deed or contract by 
 reference to street number. L.R.A. 
 1918C, 520. 
 
 STREET PARADES. 
 
 See PARADES. 
 
 STREET RAILWAYS. 
 
 I. In general, 1, 2. 
 II. Franchises; construction; munici- 
 pal control over, 3-6. 
 a. In general, 3, 4. 
 ft. Municipal control over, f 
 
 5, 6. 
 
 III. Motive power, 7. 
 /F. Operation, S-24. 
 
 a. In general, 8, 9. 
 ft. Duty and care of company, 
 10-19.
 
 1258 
 
 INDEX TO L.R.A. NOTES. 
 
 STREET RAILWAYS, IV. cont'd 
 
 c. Contributory negligence, 
 
 20-23. 
 
 d. Notice of defect or injury, 
 
 24:. 
 
 I. In general. 
 
 1. Generally. 
 
 As carriers, see CARRIERS. 
 
 Regulation of rates, see CARRIERS, V. c. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 150. 
 
 Validity of agreement with, see CONTRACTS, 
 96. 
 
 Compensation to be paid to, upon taking 
 its plant, see DAMAGES, 82. 
 
 Municipal liability for injury by acts or 
 omissions of street railway company, 
 see HIGHWAYS, 64. 
 
 Injunction against, see INJUNCTION, 66 - 
 68. 
 
 Assessment against, for local improvement, 
 see PUBLIC IMPROVEMENTS, 22. 
 
 Valuation of property of, see PUBLIC SERV- 
 ICE CORPORATIONS, 5. 
 
 Return of, see PUBLIC SERVICE CORPORA- 
 TIONS, 6. 
 
 Appointment of receiver for, see RECEIVERS. 
 
 See also ELECTRIC RAILWAYS; ELEVATED 
 RAILROADS ; INTERURBAN RAILROADS ; 
 SUBWAY RAILROADS. 
 
 Authority of inspector on street railway to 
 contract for services of other persons. 
 L.RA.1918F, 66. 
 
 Power of municipality to assume part or all 
 of burden of adapting street or bridg- 
 es for street railways. 50 L.R.A. (N.S. ) 
 143. 
 
 Right of street railway corporation to 
 challenge powers or privileges of rival. 
 L.R.A.1910B, 1087. 
 
 Liability of street railway company for 
 damages in removing obstructions 
 from its tracks. 43 L.R.A. (N.S.) 126. 
 
 Applicability of commerce clause or stat- 
 utes thereunder to. 46 L.R.A.(N.S.) 
 385. 
 
 Right of common carrier to contract for the 
 use of its cars for advertising purposes. 
 24L.R.A.(N.S.) 1010. 
 
 2. Crossing railroad track. 
 
 See RAILROADS, 29. 
 
 II. Franchises; construction; munici- 
 pal control over. 
 
 a. In general. 
 
 3. Generally. 
 
 As additional servitude in street, see EMI- 
 NENT DOMAIN, V. 
 
 Treatment of franchises in valuation of 
 property of. 48 L.R.A. (N.S.) 1063. 
 
 Privilege of using street as a contract with- 
 in provision against impairing obliga- 
 tion. 50 L.R.A. 143; L.R.A.1918E, 902. 
 
 Incorporation of territory into municipality 
 as affecting prior rights to use high- 
 way. 47 L.R.A. (N.S.) 608. 
 
 Begin with this Ttoolc on every laiv question. 
 
 STREET RAILWAYS, II. a cont'd 
 
 Power of legislature to authorize counties- 
 or other political subdivisions to build., 
 purchase, or operate street railway as 
 affected by restrictions on power to aid 
 private enterprise. 28 L.R.A. (N.S.) 
 412. 
 
 Power to compel street railway to complete 
 its road. L.R.A.1918E, 321. 
 
 Employer's liability for negligence of inde- 
 pendent contractor, in construction of. 
 65 L.R.A. 845. 
 
 Right of railroad company to compensation 
 for the crossing of its tracks, where it 
 intersects a street or highway, by an 
 electric road. L.R.A.1915D, 843. * 
 
 4. Rights of abutting owner. 
 
 Amount allowed to abutting owner on per- 
 mitting street railway in street, see 
 DAMAGES, 90. 
 
 Abutting owner's right to compensation, on. 
 construction of, see EMINENT DOMAIN, 
 51. 
 
 As additional burden in street, see EMINENT 
 DOMAIN, 57. 
 
 Taking of land for, as a public use. 22 
 L.R.A.(N.S.) 134. 
 
 Injury to abutting owner by laying track 
 near side of street. 43 L.R.A. 554. 
 
 Rights of abutting owner as affected by 
 track close to sidewalk. 1 L.R.A. (N.S.) 
 981. 
 
 Remedy of abutting owner as affected by 
 his consent to the construction of, in- 
 street. 7 L.R.A. (N.S.) 991: 23 L.R.A. 
 (N,S.) 433. 
 
 Preventive remedy of nonconsenting abut- 
 ting owner where use of highway for 
 street railway is authorized by public. 
 28 L.R.A. (N.S.) 1082. 
 
 &. Municipal control over. 
 
 5. Generally. 
 
 Power of municipality, in absence of express- 
 legislative authority, to grant franchise 
 for street railway! 22 L.R.A. (N.S.) 
 925, 930, 935. 
 
 Municipal control over, as nuisances. 39' 
 L.R.A. 609. 
 
 Power of municipality to compel change of 
 grade of railway in street. 70 L.R.A. 
 850. 
 
 Duty and right of municipality to reimburse 
 street railway company for expenses in- 
 curred in changing or relaying track. 
 6 L.R.A.(N.S.) 1028. 
 
 Power to compel street railway to sprinkle 
 tracks. 36 L.R.A. (N.S.) 235. 
 
 Power of municipality to prevent laying 
 an additional track under a franchise 
 originally granting the right to lay 
 double tracks. 36 L.RA.(N.S.) 850. 
 
 Power to compel removal of spur track, 
 turnout, or switch from street or high- 
 way. L.R.A.1918B, 481. 
 
 Power to prohibit or restrict smoking in 
 street cars. 51 L.R.A. (N.S.) 562. 
 
 Right of municipal corporation to resist by 
 force unauthorized use of street. 15- 
 L.R.A.(N.S.) 1269.
 
 INDEX TO L.R.A. NOTES. 
 
 1259 
 
 STREET RAILWAYS, II. b cont'd 
 
 Estoppel of town or municipality to object 
 to street railway in street by acquies- 
 cence or consent to its construction or 
 use. 7 L.R.A.(N.S.) 1187. 
 
 Validity of ordinance requiring conductor 
 on street car. 15 L.R.A. 004. 
 
 Municipal regulation of carriage of passen- 
 gers by street railroads. 19 L.R A. 570. 
 
 Liability of municipality in damages for 
 repeal, or interference with enjoyment, 
 of street franchise. 36 L.R.A. (N.S.) 
 861. 
 
 6. Municipal power to impose con- 
 ditions when giving consent to. 
 
 Power to assent involves power to impose 
 
 conditions. 36 L.R.A. 33. 
 Agreement by railroad. 36 L.R.A. 34. 
 Conditions enforced. 36 L.R.A. 35. 
 Express power to impose conditions. 36 
 
 L.R.A. 35. 
 No power over subject where consent not 
 
 necessary. 36 L.R.A. 36. 
 Conflict with other authority. 36 L.R.A. 36. 
 Conditions after completion of contract. 36 
 
 L.R.A. 36. 
 
 Right to control street. 36 L.R.A. 36. 
 Effect of municipal direction or sanction on 
 
 liability of street railroad company for 
 
 defect in track or street. 15 L.R.A. (N. 
 
 S.) 845. 
 
 ///. Motive power. 
 
 7. Generally. 
 
 What motive power may be used. 2 L.R.A. 
 (N.S.) 138. 
 
 IV. Operation, 
 a. In general. 
 
 8. Generally. 
 
 Dutv to avoid interference with extinguish- 
 ment of fires. 12 L.R. A. (N.S.) 382; 20 
 L.R.A.(N.S.) 1110; 39 L.R. A. (N.S.) 20. 
 
 9. Compelling operation. 
 
 Compelling operation of. 15 L.R.A. 21; 24 
 L.R.A. 564. 
 
 Duty of street railway to run car through 
 to end of route indicated by sign there- 
 on. 1 B. R. C. 442. 
 
 Right of street railway company to discon- 
 tinue line in absence of statutory or 
 contractual provision to the contrary. 
 19 L.R.A. (N.S.) 866. 
 
 ft. Duty and care of company. 
 
 10. Generally. 
 
 Duty to passenger, see CARRIERS, III. 
 
 Liability for negligence as to dangerous elec- 
 tric currents on wires, see ELECTRICITY, 
 III. a. 
 
 Liability for injury due to defects in high- 
 way, see HIGHWAYS, 89-91. 
 
 Liability for injury due to defect in street 
 or track, see HIGHWAYS, 90. 
 
 Consult also L.R.A. Digests of Cases. 
 
 STREET RAILWAYS, IV. b cont'd 
 Liability for injury by frightening horse, see 
 
 HORSES, 11. 
 Injury to employee of, see MASTER AND 
 
 SERVANT, III. 
 Question for jury as to negligence ef street 
 
 railway company, see TRIAL, 44. 
 
 Criminal homicide in operation of street 
 railway. L.R.A.1917C, 536. 
 
 Violation by servant of rule adopted by 
 company as evidence of negligence to- 
 ward one other than servant. L.R.A. 
 1917C, 807. 
 
 Res ipsa loquitur in action for injury 
 person on highway, otherwise than by 
 collision. 43 L.R.A. (N.S.) 599. 
 
 Necessity of headlights on street cars. 26 
 L.R.A. 300. 
 
 Duty owed to others by motorman blinded 
 by light on highway. L.R.A.1917E, 
 1045. 
 
 Duty as to equipping cars so as to avoid or 
 minimize injury to persons or animals 
 on or near track. L.R.A.1915A, 746. 
 
 Injuries to bicyclists caused by street cars, 
 47 L.R.A. 302. 
 
 Validity of ordinance requiring conductor 
 on street car. 15 L.R.A. 604. 
 
 Injury to street car passenger who, upon 
 alighting, passes around car and is 
 struck by car on another track. 4 
 L.R.A.(N.S.) 729; 21 L.R.A. (N.S.) 
 887. 
 
 Master's liability for injury to third per- 
 son due to negligence of servants in 
 charge of street cars. 10 L.R.A. (N.S.) 
 390. 
 
 Liability of street railway for injury to one 
 other than passenger struck by object 
 hurled by car. L.R.A.1915B, 1111. 
 
 Liability for injury to person other than 
 passenger or employee by derailment of 
 street car. 23 L.R.A. (N.S.) 751 ; 
 L.R.A.1917D, 815. 
 
 Duty of motorman upon perceiving vehicle 
 standing near track unattended. 24 
 L.R.A.(N.S.) 560. 
 
 Duty before starting car to see that no one 
 is in dangerous proximity to side or 
 rear of car. 31 L.R.A.(N.S.) 1153. 
 
 Liability of street railway company to one 
 hit by swing of car on curve. 16 L.R.A. 
 (N.S.) 890; 40 L.R,A.(N.S.) 133; 
 L.R.A.1915C, 604. 
 
 Right of motorman to assume that person 
 on track will get out of way. 21 L.R.A. 
 (N.S.) 880. 
 
 Right of motorman to assume that no one 
 will attempt to cross track so close in 
 front of car as to render a collision 
 probable. 5 L.R. A. (N.S.) 1059. 
 
 Rule of the road as affecting street cars and 
 vehicles meeting or passing. 42 
 L.R. A. (N.S.) 1188. 
 
 Duty to avoid interference with extinguish- 
 ment of fire. 12 L.R.A.(N.S.) 382: 20 
 L.R.A. (N.S.) 1110; 39 L.R.A. (N.S.) 
 20.
 
 1260 
 
 INDEX TO L.R.A. NOTES. 
 
 STREET RAILWAYS, IV. b cont'd 
 Liability of company operating railroad 
 along highway for injury to live stock. 
 L.R.A.1917E, 770. 
 
 Sufficiency of general allegations of negli- 
 gence of. 59 L.R.A. 238. 
 
 1 1. Violation of statute or ordinance. 
 
 As t;> speed, see infra, 13. 
 
 Violating ordinance as to operation of. as 
 ground for private action. 5 L.R.A. 
 (N.S.) 247. 
 
 Duty to comply with statute or ordinance 
 as to equipping cars so as to minimize 
 danger of injury to persons on or near 
 track. L.R.A.] 915A, 749. 
 
 Liability for injury to pedestrian or person 
 waiting for car in consequence of car- 
 rying passengers on platform or run- 
 ning board. 45 L.R.A. (N.S.) 269. 
 
 12. Speed. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 702. 
 
 Violation by servant of rule of company as 
 to speed as evidence of negligence to- 
 wards traveler. 8 L.R.A. (N.S.) 1063; 
 L.R.A.1917C, 808. 
 
 Speed of street car as affecting negligence 
 of passenger in getting on or off while 
 in motion. 30 L.R.A. (N.S.) 274. 
 
 Frightening of horse by excessive speed of 
 street car. 21 L.R.A. (N.S.) 286. 
 
 Injury to children by speed of street car. 
 25 L.R.A. 664. 
 
 Evidence as to speed of street cars. 34 
 L.R.A.(N.S.) 784. 
 
 13. violation of ordinance as to. 
 
 Violation of ordinance as to speed of street 
 
 cars as ground for private action. 5 
 
 L.R.A. (N.S.) 250. 
 Operating street car at speed in excess of 
 
 that prescribed by ordinance as negli- 
 . gence or evidence of negligence. 8 
 
 L.R.A. (N.S.) 1093. 
 
 14. Lookout. 
 
 Lookout on railroad train, see RAILROADS, 
 56, 65, 74. 
 
 Lookout to prevent collisions with horses or 
 vehicles. 25 L.R.A. 512. 
 
 Duty of employee on street car to keep look- 
 out for children. 25 L.R.A. 663. 
 
 15. Injury to dogs. 
 
 Liability for injury to dogs. 40 L.R.A. 
 
 509. 
 Duty with respect to dogs on track. 6 
 
 L.R.A.(N.S.) 911. 
 
 16. Injury to helpless persons on 
 track. 
 
 Duty towards sick, infirm, disabled, or 
 otherwise helpless person on street car 
 track. 69 L.R.A. 513. 
 
 Duty of person in charge of street car upon 
 perceiving an object the character of 
 which is unknown, but which is in fact 
 a person helpless, on or near the track. 
 20 L.R.A. (N.S.) 987. 
 
 Begin with f7is booZc on every lair question. 
 
 STREET RAILWAYS, IV. b cont'd 
 17. Duty to avoid injuring children 
 on track. 
 
 Care required of employees. 25 L.R.A. 663. 
 Negligence defined. 25 L.R.A. 664. 
 Negligence a question for jury. 25 L.R.A. 
 
 665. 
 Right of motorman to assume that child on 
 
 track will get out of way. 21 L.R.A. 
 
 (N.S.) 880. 
 Duty of motorman to anticipate that child 
 
 may leave place of safety. 18 L.R.A. 
 
 (N.S.) 371. 
 
 18. Injuries by street car collisions 
 with vehicles or horses. 
 
 Horses or vehicles caught in dangerous 
 places. 25 L.R.A. 508. 
 
 Injuries at street crossings. ?~ L.R.A. 508. 
 
 Crossing the track at place, other than 
 streets. 25 L.R.A. 50!). 
 
 Injury received in turning out. 25 L.R.A. 
 510. 
 
 "Look out." 25 L.R.A. 512. 
 
 Right of way. 25 L.R.A. 512. 
 
 Right of way as between street car and ve- 
 hicle at point where streets bisect 
 or intersect. 49 L.R.A. (N.S.) 505. 
 
 Duty of motorman on perceiving vehicle 
 standing near track unattended or oc- 
 cupied only by child. 24 L.R.A. (N.S.) 
 560. 
 
 19. Collision with fire apparatus. 
 
 Liability of street railway company for in- 
 juries caused by collision with lire 
 apparatus. 19* L.R.A. ( N.S. ) 623 ; 
 L.R.A.1917E, 415. 
 
 c. Contributory negligence. 
 
 20. Generally. 
 
 In case of collision with fire apparatus, see 
 supra, 19. 
 
 Rule of the road as affecting street cars 
 and vehicles meeting and passing. 42 
 L.R.A.(N.S.) 1188. 
 
 Right of way as between street car and ve- 
 hicle at point where streets bisect or 
 intersect. 49 L.R.A. (N.S.) 505. 
 
 Liability for injuries to one blinded by head- 
 light. 48 L.R.A. (N.S.) 827. 
 
 Defective hearing of person injured as bear- 
 ing upon contributory negligence. 41 
 L.R.A. (N.S.) 202. 
 
 Construction and effect of statute making 
 it an offense to get on a moving car 
 or train. 23 L.R.A. (N.S.) 513. 
 
 Violation of statute or ordinance by plain- 
 tiff as precluding recovery for negli- 
 gence in action by driver or owner of 
 automobile. L.R.A.1915E, 960. 
 
 Contributory negligence of one other than 
 passenger struck by object hurled by 
 car. L.R.A.1915B, 1114. 
 
 Contributory negligence of person struck 
 by street car while waiting for a car. 
 22 L.R.A. (N.S.) 228. 
 
 Attempting to cross in 1 front of observed 
 street car as contributory negligence. 
 L.R.A.1917C, 692.
 
 INDEX TO L.R.A. NOTES. 
 
 12C1 
 
 STREET RAILWAYS, IV. c cont'd 
 
 Duty of person working near street car 
 tracks to look out for his own safety. 
 15 L.R.A. (N.S.) 282. 
 
 Is one guilty of contributory negligence, as 
 matter of law, in walking with due 
 care upon a street railway track laid 
 in a public street. 9 L.R.A. (N.S. ) 
 244. 
 
 Right of driver of vehicle to assume that 
 motorman will give him time to cross 
 track. 5 L.R.A. (N.S.) 1081. 
 
 Driving across street railway where view of 
 approaching car is obstructed as con- 
 tributory negligence. 32 L.R.A. (N.S. ) 
 266. 
 
 Duty of operator of automobile when near 
 street cars. 38 L.R.A. (N.S.) 493. 
 
 Effect of, on liability for violation of police 
 ordinance relating to street railroads. 
 5 L.R.A. (N.S.) 249. 
 
 In case of frightening of horse by street 
 car. 34 L.R.A. 486; 21 L.R.A. (N.S.) 
 288; 48 L.R.A. (N.S.) 823. 
 
 In case of injury to live stock. L.R.A. 
 1917E, 770. 
 
 g 21. Duty to look and listen. 
 
 At railroad crossing, see RAILROADS, 
 84. 
 
 83, 
 
 STREETS. 
 
 See HIGHWAYS. 
 
 STREET SPRINKLING. 
 
 Assessment for, see PUBLIC IMPROVEMENTS, 
 15. 
 
 STREET SWEEPING. 
 
 Special assessment for, see PUBLIC IMPBOVE- 
 MENTS, 15. 
 
 MTKJJ* 
 
 STRENGTH. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 707. 
 
 STRICT CONSTRUCTION. 
 
 Of statute, see STATUTES, 26. 
 
 STRICT FORECLOSURE. 
 
 See MORTGAGE, 75-77. 
 
 Duty to look and listen before crossing 
 tracks of an electric road. 15 L.R.A. 
 (N.S.) 254; 23 L.R.A. (N.S.) 1224. 
 
 Duty of driver who has traveled some dis- 
 tance parallel with track after looking 
 for car, to look again before crossing 
 track. 21 L.R.A. (N.S.) 309. 
 
 22. Of children. 
 
 Contributory negligence of children. 
 
 L.R.A.1917F, 112. 
 Circumstances under which child crossing 
 
 street car track is guilty of negligence 
 
 either as matter of law or fact. 11 
 
 L.R.A.(N.S.) 166; L.R.A1917F, 172. 
 Recovery for injury to child in attempting to 
 
 cross street car tracks notwithstanding 
 
 his contributory negligence. 11 L.R.A. 
 
 (N.S.) 174. 
 Duty of motorman on perceiving vehicle 
 
 near track occupied by child only. 24 
 
 L.R.A. (N.S.) 560. 
 
 23. Wantonness or wilfulness pre- 
 cluding defense of. 
 
 May wantonness or wilfulness, precluding 
 defense of contributory negligence, be 
 predicated of the omission of a duty be- 
 fore the discovery of a person in peril 
 on a railroad or street railway track. 
 21 L.R.A. (N.S.) 427. 
 
 d. Notice of defect or injury. 
 
 24. Generally. 
 
 Notice of injury due to defect in street 
 
 car track or street. 52 L.R.A. 463. 
 Constitutionality of requirement of notice 
 
 to, of defect or injuries, as condition 
 
 of liability for personal injuries. 15 ! What passes under bequest of contents of 
 
 L.R.A.(N.S.) 203. L.R.A.1915C, 661. 
 
 Consult also L.R.A. Digests of Cases. 
 
 STRIKE. 
 
 In general, see CONSPIRACY, 6, 8. 
 
 Constitutionality of statute requiring one 
 
 advertising for help during strike to 
 mention its existence. 49 L.R.A. (N.S ) 
 
 879. 
 Liability of master for the intentional kill* 
 
 ing or injury of servant by strikers. 
 
 L.R.A.1917F, 753. 
 Contract by employer to protect employees 
 
 from personal violence by strikers. 
 
 L.R.A.1918C, 929. 
 Strike as within provision in mining lease 
 
 excusing payment of minimum royalty 
 
 under certain circumstances. L.R.A. 
 
 1917E, 1079. 
 Insurance against loss of profits by strikes. 
 
 L.R.A.1917C, 729. 
 
 STRIKING OUT. 
 
 Of pleadings, see PLEADING, 14. 
 Of evidence, see TRIAL, 14. 
 
 STRONG BOX.
 
 1262 
 
 INDEX TO L.R.A. NOTES. 
 
 STRONG PASSIONS. 
 
 As proof of incapacity of testator. 27 
 L.R.A.(N.S.) 61. 
 
 STRUCTURES. 
 
 Restrictive covenants as to, see COVENANTS 
 AND CONDITIONS. 
 
 What are within statute relating to safety 
 of. 30 L.R.A.(N.S.) 30. 
 
 STRUMPET. 
 
 Slander in charging woman with being, see 
 LIBEL AND SLANDEB, 12. 
 
 STUBS. 
 
 Admissibility of memoranda on check stubs. 
 42 L.R.A.(N.S.) 727. 
 
 STUDENT. 
 
 23 
 
 Residence of, for purpose of voting. 
 
 L.R.A. 215. 
 Acquiring residence as voters while attend- 
 
 ing school. 40 L.R.A.(N.S.) 170. 
 
 STUD HORSE. 
 
 See STALLIONS. 
 
 STUMPS. 
 
 Municipal liability for injury by stumps 
 in street. 20* L.R.A. (N.S.) 607. 
 
 STUPOR. 
 
 As affecting testamentary capacity. 27 
 L.R.A.(N.S.) 31; L.R.A.1915A, 452. 
 
 SUBAGENT. 
 
 Power of real estate broker to employ. 43 
 L.R.A.(N.S.) 796. 
 
 Liability of principal in respect of the re- 
 muneration due for the services of. 
 L.R.A.1918F, 720. 
 
 Trust in proceeds of collection by insolvent 
 bank as against claims of subagent. 
 32 L.R.A. 720. 
 
 SUBCONTRACT. 
 
 Loss of profits from loss of, as damages. 53 
 L.R.A. 45. 
 
 SUBCONTRACTORS. 
 
 Rights of, under subcontractors' bonds, see 
 
 BONDS, 10. 
 
 Lien of, see MECHANICS' LIENS, 19-21. 
 As proper party to bring suit, see PABTIES, 
 
 14. 
 
 As "employees" within meaning of Work- 
 men's Compensation Acts. L.R.A.1918F, 
 206. 
 
 Liability to servants of. 46 L.R.A. 75. 
 
 Negligence of, causing injury to property 
 owner. 2 L.R.A. ( N.S. ) " 799. 
 
 Language used by owner or other person in- 
 terested in construction of building im- 
 porting a promise to pay a subcon- 
 tractor as a promise to answer for the 
 debt or default of another. 5 B. R. G. 
 96. 
 
 SUBFREIGHT. 
 
 Maritime, lien for. 70 L.R.A. 371. 
 
 SUBJACENT SUPPORT. 
 
 Measure of damages for removing, see DAM- 
 
 AGES, 72. 
 
 Right passing by deed, see DEEDS, 23. 
 Removal of, as a taking of property, see 
 
 EMINENT DOMAIN, 43. 
 Of mine, see MINES, 29. 
 Lateral support, see LATERAL SUPPOBT. 
 
 Express agreements or covenants for. 48 
 
 L.R.A.(N.S.) 474. 
 Liability for removal of subjacent support 
 
 of land in its natural condition. 68 
 
 L.R.A. 673. 
 Condemnation or grant of land for railroad 
 
 right of way as carrying right to sub- 
 
 jacent support. 32 L.R.A. (N.S.) 155. 
 
 SUBLEASE. 
 
 See LANDLORD AND TENANT, 38. 
 
 SUBMERGENCE. 
 
 See WATERS, 43. 
 
 SUBMISSION. 
 
 To arbitration, see ARBITRATION, 2, 3. 
 
 Right of subagents to purchase real estate 
 
 listed with broker for sale. 20 L.R.A. I Of case under New York Code. 4 L.R.A. 
 
 (N.S.) 1161. 685. 
 
 Begin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1263 
 
 SUBORDINATE. 
 
 Privileged character of complaints to public 
 officer against subordinates. 27 L.R.A. 
 (N.S.) 1041. 
 
 Change of salary of subordinate as viola- 
 tion of constitutional provision against 
 change of salary of public officer dur- 
 ing term of office. 37 L.E.A.(N.S.) 
 388. 
 
 SUBORDINATE LODGE. 
 
 Forfeiture of benefit certificate by default 
 of. 50 L.R.A. 111. 
 
 Waiver by officers of, of forfeiture for non- 
 payment of assessments. 4 L.R.A. 
 (N.S.) 421; L.R.A.1915E, 152. 
 
 Waiver by, of right of benefit association 
 to insist upon forfeiture because of vio- 
 lation of laws of association. 10 
 L.R.A.(N.S.) 136. 
 
 SUBORNATION. 
 
 Of perjury, see PERJURY. 
 
 SUBPARTNERSHIP. 
 
 Creation of, by agreement for sharing prof- 
 its. 10 L.R.A.(N.S.) 1099. 
 
 SUBPOENA. 
 
 See WITNESSES, 4, 5. 
 
 SUBPO3NA DUCES TECUM. 
 
 See WITNESSES, 5. 
 
 SUBROGATION. 
 
 1. Generally. 
 
 Of insurer, or to rights against insurer, see 
 INSURANCE, 195. 
 
 -Of partner who pays firm debt, see PART- 
 NERSHIP, 26. 
 
 Obligation as the equivalent of payment for 
 the purposes of. 2 L.R.A. (N.S.) 263. 
 
 Right of creditors to subrogation to per- 
 sonal representative's right of indem- 
 nity for debts contracted in carrying on 
 business. 40 L.R.A. (N.S.) 233. 
 
 Right of one whose securities have been 
 pledged to bank, to secure a loan to 
 another, to be subrogated to the bank's 
 lien on latter's deposit and collateral. 
 43 L.R.A. (N.S.) 197. 
 
 2. Of one discharging debt, Hen or 
 encumlmmce generally. 
 
 On payment of another's debt. 23 L.R.A. 
 
 124. 
 Consult also L.R.A. Digests of Cases. 
 
 SUBROGATION cont'd 
 
 Right of one paying stranger's debt to be 
 subrogated to the rights of the cred- 
 itor. 16 L.R.A. (N.S.) 233. 
 
 Right of one advancing money to pay off 
 lien or encumbrance upon defective se- 
 curity to be subrogated to such lien or 
 encumbrance. 5 L.R.A. (N.S.) 838; 46 
 L.R.A.(N.S.) 1049; 50 L.R.A. (N.S.) 
 489. 
 
 Right of life tenant who pays off liens or 
 encumbrances as against remainderman. 
 29 L.R.A. (N.S.) 153. 
 
 Subrogation to remedies of legatee on pay- 
 ment of legacy charged upon devise. 30 
 L.R.A. (N.S.) 822. 
 
 3. Of purchaser at judicial sale. 
 
 Of purchaser on void execution sale. 21 
 
 L.R.A. 48. 
 Of purchaser on annulling judicial sale. 69 
 
 L.R.A. 39. 
 
 4. As to mortgages. 
 
 Subrogation of insurer to rights of mort- 
 gagee, see INSURANCE, 197. 
 
 To rights of mortgagee, generally. 5 L.R.A. 
 289;* 23 L.R.A. 131. 
 
 Of holder of junior mortgage to rights of 
 prior mortgagee. 5 L.R.A. 290;* 23 
 L.R.A. 131. 
 
 Right to subrogation to lien of mortgage for 
 money advanced to pay off the same on 
 defective security. 5 L.R.A.(N.S.) 838; 
 46 L.R.A.(N.S.) 1049; 50 L.R.A.(N.S.) 
 489. 
 
 Right of one cotenant who pays mortgage 
 to be subrogated to the rights of mort- 
 gagee as against other cotenant or his 
 privies. 8 L.R.A. (N.S.) 559. 
 
 Right of one who adavnces money to an- 
 other for purpose of redeeming from a 
 sale under a mortgage to be subrogated 
 to the lien of the mortgage. 23 L.R.A. 
 (N.S.) 190. 
 
 Right of one advancing money for purchase 
 price of property to be subrogated to 
 vendor's lien where mortgage is taken 
 as security. 37 L.R.A. (N.S.) 1209. 
 
 Subrogation to discharged mortgage in 
 favor of assignee of equity of redemp- 
 tion, who pays it as against junior lien. 
 16 L.R.A.(N f .S.) 470; 47 L.R.A. (N.S.) 
 1190. 
 
 5. Of surety. 
 
 Of surety who pays judgment against prin- 
 cipal. 68 L.R.A. 520, 523, 528, 534, 
 572, 581. 
 
 Rights, as against principal debtor, of one 
 who becomes surety or guarantor with- 
 out his knowledge or consent. L.R.A. 
 1918F, 709. 
 
 Right of surety to be subrogated to priority 
 of state or United States in payment 
 from assets of debtor. 29 L.R.A. 240, 
 248. 
 
 Right of surety advancing money for pur- 
 chase price of property to be subrogated 
 to vendor's lien. 37 L.R.A. (N.S.) 1204.
 
 1264 
 
 INDEX TO L.R.A. NOTES. 
 
 SUBROGATION cont'd 
 
 Right of sureties of public officer, who have 
 made good a loss occasioned by their 
 principal's default or misconduct, to 
 be subrogated to the rights of the obli- 
 gee or beneficiary of the bond against 
 a third person. 14 L.R.A.(N.S.) 155; 
 46 L.R.A.(N.S.) 557. 
 
 Right of sureties on appeal bond or super- 
 sedeas to look to sureties on prior bond 
 of same principal. 6 L.R.A. (N.S.) 
 1021; L.R.A.1918D, 1192. 
 
 6. To rights of surety. 
 
 Right of obligee to be subrogated to securi- 
 ty held by surety. L.R.A.1916C, 
 1062. 
 
 7. To vendor's lien. 
 
 See VENDOR AND PURCHASES, 7. 
 
 8. To tax lien. 
 
 Of person paying tax. 29 L.R.A. 282. 
 
 Right of purchaser of property to recover 
 the amount he has paid to relieve land 
 from tax lien from one who should have 
 paid the same but with whom he had 
 no contractual relationship. 22 L.R.A. 
 (N.S.) 562. 
 
 Right of . one who voluntarily advances 
 money to pay the taxes on property of 
 another to be subrogated to the rights 
 of the public. L.R.A T 1915D, 697. 
 
 9. As to judgments. 
 
 Subrogation upon payment of judgment as 
 extending to lien on after-acquired 
 property. 43 L.R.A. (N.S.) 614. 
 
 SUBSCRIBING WITNESSES. 
 
 See ATTESTING WITNESS. 
 
 SUBSCRIPTION. 
 
 Construction of subscription contract, see 
 
 CONTRACTS, 69. 
 
 For stock, see CORPORATIONS, 77-81a. 
 To will, see WILLS, 20-24. 
 
 Forfeiture of, for breach of condition. 13 
 L.R.A. 698. 
 
 Effect of receipt of, to mitigate damages 
 for wrongful death. 67 L.R.A. 94. 
 
 By municipality to internal improvements, 
 statutes legalizing. 27 L.R.A. 701. 
 
 Gift of note for. 26 L.R.A. 305. 
 
 Validity and enforceability of subscription 
 for charity. 48 L.R.A. (N.S.) 783. 
 
 Validity of subscription induced by false 
 statements that certain other persons 
 were to invest in the enterprise. 29 
 L.R.A.(N.S.) 477. 
 
 Right of subscriber to lottery scheme to re- 
 cover his subscription thereto. 16 
 L.R.A.(N.S.) 571. 
 
 Procuring subscriptions on Sunday. 14 
 L.R.A. 194. 
 
 SUBSCRIPTION cont'd 
 For salary of pastor. 38 L.R.A. 687; 
 L.R.A.(N.S.) 172. 
 
 SUBSEQUENT CREDITORS. 
 
 Validity of conveyance as against, see 
 FRAUDULENT CONVEYANCES, 23. 
 
 SUBSEQUENT PURCHASERS. 
 
 Injunction against execution sale of prop- 
 erty of. 30 L.R.A. 114. 
 
 SUBSEQUENT WILL. 
 
 Revocation of prior will by, see WILLS, 38., 
 
 SUBSIDIARY CONTRACTS. 
 
 Conflict of laws as to subsidiary contracts- 
 with insurance company. 52 L.R.A. 
 (N.S.) 281. 
 
 SUBSIDY. 
 
 Power of chamber of commerce or board of 
 trade to subsidize enterprises. L.R.A. 
 1916B, 1009. 
 
 SUBSIDY LANDS. 
 
 Location of mining claim on railroad sub- 
 sidy lands. 7 L.R.A. (N.S.) 802. 
 
 SUBSTANTIAL PERFORMANCE. 
 
 Of contracts, see CONTRACTS, 129, 136, 
 138. 
 
 Begin with this book on every law question. 
 
 SUBSTITUTE. 
 
 Admissibility as affecting damages for per- 
 sonal injuries of amount paid for serv- 
 ices of substitute. 30 L.R.A.(N.S.) 
 737. 
 
 Delay by purchaser in securing substitute as 
 affecting his damages for vendor's fail- 
 ure to deliver. 32 L.R.A. (N.S.) 192. 
 
 Validity of agreement made after divorce 
 as substitute for award of alimony. 35- 
 L.R.A. (N.S.) 1167.
 
 INDEX TO L.R.A. NOTES. 
 
 1265 
 
 SUBSTITUTE CONVEYANCES. 
 
 See DEEDS, la; TAXES, 81. 
 
 SUBSTITUTED SERVICE. 
 
 See WRIT AND PROCESS, 15-19. 
 
 SUBSTITUTION. 
 
 Effect of void substitution on liability on 
 original contract, see CONTRACTS, 72. 
 
 Substitute conveyances, see DEEDS, la; 
 TAXES, 81. 
 
 Of parties, see PARTIES, 40. 
 
 Of parties on appeal or error to or from 
 
 Federal Supreme Court. 66 L.R.A. 856. 
 Of juror in criminal case. 25 L.R.A. 
 
 '(N.S.) 36. 
 Of tonnage at transit point where transit 
 
 privilege has been given. L.R.A.1918A, 
 
 188. 
 Abandonment or loss of private way by use 
 
 of substituted way. 22 L.R.A. (N.S.) 
 
 883. 
 
 SUBTERRANEAN WATERS. 
 
 See WATERS, 72-77. 
 
 SUBURBAN PROPERTY. 
 
 Constitutionality of frontage rule of assess- 
 ment of, for public improvements. 17 
 L.R.A. 332. 
 
 SUBWAY RAILROAD. 
 
 Injury" by crush in entering car at subway 
 station. 7 L.R.A. (N.S.) 729; 51 L.R.A. 
 (N.S.) 1152. 
 
 As additional servitude in street. 36 L.R.A. 
 (N.S.) 727; L.R.A.1915F, 1005. 
 
 SUCCESS. 
 
 Validity of agreement by which compensa- 
 tion is dependent on success in procur- 
 ing contract with public officer or 
 board. 39 L.R.A. (N.S.) 747; L.R.A. 
 1915C, 823. 
 
 SUCCESSION TAX. 
 
 See TAXES, 90-105. 
 
 SUCCESSIVE ASSESSMENTS. - 
 
 Against stockholders, see CORPORATIONS, 
 110. 
 
 SUBWAY. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 151. 
 Subway railroad, see SUBWAY RAILROAD. 
 
 Tax or assessment for public improvement 
 on subway forming part of highway. 
 44 L.R.A.(N.S.) 837. 
 
 Franchise of electrical company for. 34 
 L.R.A. 369. 
 
 Requiring electric wires to be put under 
 ground. 31 L.R.A. 806. 
 
 Privilege of subway in street as contract 
 within provision against impairing ob- 
 ligation. 50 L.R.A. 147. 
 
 Municipal liability for injury to abutting 
 owner from, under constitutional pro- 
 vision against "damaging" private 
 property for public use without com- 
 pensation. 36 L.R.A.(N.S.) 1198. 
 
 Consult of so L.R.A. Digests of Cases. 80 
 
 SUCCESSIVE FINES. 
 
 In loan association. 35 L.R.A. 219. 
 
 SUCCESSIVE GARNISHMENTS. 
 
 Amount of wages exempted upon. L.R.A. 
 1917D, 899. 
 
 SUCCESSIVE GRANTS. 
 
 Of water power. 67 L.R.A. 372. 
 
 SUCCESSOR. 
 
 Right of vendor of business and good will 
 to hold himself out as successor of busi- 
 ness sold. 19 L.R.A. (N.S.) 766. 
 
 Does guaranty of credit extended for price 
 of goods sold cover sales to. 19 L.R.A. 
 (N.S.) 901. 
 
 Liability of successor of railroad company 
 for damages to abutting property from 
 construction of road in street. L.R.A. 
 1915D, 397. 
 
 SUCTION. 
 
 Liability for injuries to person near track 
 in consequence of suction from passing 
 train. L.R.A.1917B, ]163.
 
 1266 
 
 INDEX TO L.R.A. NOTES. 
 
 SUCTION cont'd 
 
 Contributory negligence of child beside 
 
 track drawn under train. L.R.A.1917F, 
 
 150. 
 
 SUDDEN EMERGENCY. 
 
 See EMERGENCY. 
 
 SUE AND LABOR CLAUSE. 
 
 Kight to recover under "sue and labor" 
 clause in policy of marine insurance for 
 moving cargo over-land. 14 L.R.A. 
 (N.S.) 1161. 
 
 SUFFERING. 
 
 Admissibility of complaints of, see EVI- 
 DENCE, 238. 
 
 Mental, see MENTAL ANGUISH. 
 Physical, see PHYSICAL SUFFERING. 
 
 SUFFIX. 
 
 To name, see NAME, 5. 
 
 SUFFOCATION. 
 
 Duty of carrier to protect live stock from 
 injury by. 39 L.R.A. (N.S.) 642. 
 
 SUFFRAGE. 
 
 Right of, see ELECTIONS, I. 
 
 SUGAR. 
 
 Sufficiency of delivery of sugar sold out of 
 larger lot. 26 L.R.A. (N.S.) 35. 
 
 SUICIDE cont'd 
 
 Effect of statutory enactments as to sui- 
 cide. 66 L.R.A. 306. 
 
 Sufficiency of proof. 06 L.R.A. 307. 
 
 Evidence of declarations of intent to com- 
 mit. L.R.A.1916B, 819. 
 
 Civil liability for causing. 47 L.R.A. 
 (N.S.) 1009. 
 
 As affecting abatement of action or cause 
 of action. L.R.A.1916A, Il4l. 
 
 Recovery for death by suicide undfer Work- 
 men's Compensation Act. L.R.AJ916A, 
 339; L.R.A.1917D, 103, 112. 
 
 Effect of suicide of person wounded, on 
 criminal responsibility for death. 51 
 L.R.A.(N.S.) 881. 
 
 SUICIDE. 
 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 32. 
 Of insured, see INSURANCE, 170, 171. 
 
 As evidence of testamentary incapacity. 24 
 
 L.R.A. 677; 27 L.RA,(N.S.) 94; L.R.A. 
 
 1915A, 463. 
 Attempt of intoxicated person to commit. 
 
 36 L.R.A. 479. 
 Attempt to commit suicide as a crime. 7 
 
 L.R.A. (N.S.) 286. 
 Inciting or abetting. 66 L.R.A. 304; 22 
 
 L.R.A.(N.S.) 243. 
 Begin with this ftoofc on every law question. 
 
 SUITABILITY. 
 
 See SALE, 31, 32. 
 
 SUIT CLUB. 
 
 Distribution of suits by tailor among mem- 
 bers of club as lottery. 21 L.R.A. 
 (N.S.) 876. 
 
 SUIT MONEY. 
 
 In divorce case, see DIVORCE AND SEPARA- 
 TION, 39-40a. 
 
 SUITOR. 
 
 As grand juror. 28 L.R.A. 202. 
 
 SULPHUR. 
 
 Keeping of, on insured premises. 
 1917C, 278. 
 
 L.R.A. 
 
 SUMMARY JUDGMENT. 
 
 Failure of consideration as ground for in- 
 junction against. 31 L.R.A. 755. 
 
 SUMMARY PROCEEDINGS. 
 
 Against tenant, see LANDLORD AND TENANT, 
 94. 
 
 To remove obstructions in highway. 18 
 L.R.A. 149. 
 
 Conclusiveness of foreign decree in. 20 
 L.R.A. 680. 
 
 Right of receiver to take property from 
 possession of stranger through sum- 
 mary proceedings. 47 L.R.A. (N.S.) 
 744."
 
 INDEX TO L.R.A. NOTES. 
 
 1267 
 
 SUMMARY PROCEEDINGS cont'd 
 Determination of disputed questions in sum- 
 mary proceedings to compel attorney to 
 surrender money or property. L.R.A. 
 1U1SD, 830. 
 
 
 SUMMONS. 
 
 See \YRIT AND PROCESS. 
 
 SUNDAY. 
 
 $ 1. Generally. 
 
 Amusements on, see AMUSEMENTS, 9. 
 
 Constitutionality of Sunday laws, see CON- 
 STITUTIONAL LAW, 152. 
 
 Sale of liquor on, see INTOXICATING LIQUOR, 
 25. 
 
 Rule as to, in computing time, see TIME, 
 19. 
 
 Execution of will on, see WILLS, 19. 
 
 Special penalty for violation of Sunday 
 closing act. 15 L.R.A. (N.S.) 646. 
 
 Violation of Sunday law as a continuing 
 offense. 20 L.R.A. (N.S.) 783. 
 
 Criminal liability for Sabbath breaking by 
 agent or servant. 41 L.R.A. 658, 670. 
 
 Criminal liability of children for Sabbath 
 desecration. 36 L.R.A. 208. 
 
 Right of alleged fraudulent grantee to show 
 that judgment against grantor was 
 based on a transaction in violation of 
 Sunday law. 67 L.R.A. 602. 
 
 Duty of innkeeper as to furnishing liquor 
 to traveler on Sunday. 2 B. R. C. 
 687. 
 
 2. Holiday falling on. 
 
 Transfer of holiday from Sunday to Monday. 
 19 L.R.A. 320. 
 
 3. Judicial proceedings on. 
 
 Receiving verdict on Sunday. 7 L.R.A. 
 
 327;* 39 L.R.A. (N.S.) 844. 
 Charging jury on Sunday. L.R.A.1915D, 
 
 361. 
 
 4. Contracts. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 3. 
 
 -Conflict of laws as to Sunday contract. 34 
 L.R.A. (N.S.) 67. 
 
 Validity and enforceability of subscrip- 
 tion for charity made on Sunday. 48 
 L.R.A. (N.S.) 802. 
 
 Validity of sale partially made on Sun- 
 day and perfected on secular day. 4 
 L.R.A. (N.S.) 1151. 
 
 Delivery on week day pursuant to contract 
 made on Sunday. 20 L.R.A. (N.S.) 86. 
 
 Signing or delivering replevin bond on Sun- 
 day as a defense. 29 L.R.A.(N.S.) 750. 
 
 Effect of payment of debt on Sunday. 15 
 L.R.A. (N.S.) 243. 
 
 Consult, also L.R.A. Digests of Cases. 
 
 SUNDAY cont'd 
 
 Effect of appointing agent on Sunday. 43 
 L.R.A.(N.S.) 140. 
 
 Judgment entered upon warrant of attorney 
 in contract made on Sunday. 44 
 L.R.A.(N.S.) 727. *T~ 
 
 Question as to legality of contract for trans- 
 mission of death message on Sunday 
 where recovery for mental anguish be- 
 cause of negligence in transmission is 
 sought. 49 L.R.A. (N.S.) 266. 
 
 Liability for damage to, or conversion of, 
 property leased or hired in violation of 
 Sunday law. L.R.A.1915F, 644. 
 
 Effect, upon validity of contract, of igno- 
 rance of one party that it was executed 
 by the other on Sunday. 18 L.R.A. 
 (N.S.) 1176. 
 
 Remedy of party as to rescission of Sunday 
 contract. 17 L.R.A. 779; L.R.A.1917D, 
 450. 
 
 Retention of consideration as defeating de- 
 fense that contract was made on Sun- 
 day. 5 L.R.A.(N.S.) 295; 44 L.R.A. 
 (N.S.) 289. 
 
 Invalidity of Sunday contract as affecting 
 right of innocent third person to en- 
 force it. LJLA.1917C, 586. 
 
 5. Labor or business on. 
 
 Violation of Sunday law by barbers, see 
 BABBEBS, 2. 
 
 Sunday labor. 14 L.R.A. 192. 
 
 Publication and sale of newspaper on Sun- 
 day. L.R.A.1916C, 1151. 
 
 Duty of carrier to give regular train service 
 on Sunday. 30 L.R.A. (N.S.) 401. 
 
 Prohibition of running of freight trains on 
 Sunday as excuse for delay in trans- 
 portation. 31 L.RJMN.S.) 1184. 
 
 Right of servant to recover for extra work 
 done on Sunday. 30 L.R.A. (N.S.) 659. 
 
 Servant's duty to obey master's orders as 
 to working on. 24 L.R.A.(N.S.) 833. 
 
 Slot machine as violating statute against 
 Sunday trading. 7 B. R. C. 294. 
 
 6. work of necessity. 
 
 Sale and delivery of food and refreshments 
 
 on Sunday as. 18 L.R.A.(N.S.) 617; 
 
 L.R.A.1917C, 381. 
 Agricultural operations on Sunday as. 5 
 
 L.R.A.(N.S.) 320. 
 Publication and sale of newspaper. L.R.A. 
 
 1916C, 1151. 
 Barbering. L.R.A.1917B, 97. 
 
 7. Personal Injuries. 
 
 Violation of Sunday law as defense to action 
 for personal injuries. 36 L.R.A. 
 (N.S.) 547; L.R.A.1917A, 547. 
 From defects in highway. 13 L.R.A. 
 (N.S.) 1271; 21 L.R.A. (N.S.) 
 660; 36 L.R.A. (N.S.) 547; L.R.A. 
 1917A, 547. 
 
 8. State and municipal offense. 
 
 Municipal ordinance regulating observance 
 of Sunday, which is also regulated by 
 state law". 17 L.R.A. (N.S.) 51.
 
 1268 
 
 INDEX TO L.R.A. NOTES. 
 
 SUNDAY cont'd 
 
 Right of both state and municipality to 
 
 convict of violation of Sunday closing 
 
 laws. 31 L.R.A.(N.S.) 708. 
 
 SUNDAY SCHOOLS. 
 
 Validity of bequest for. 37 L.RA.(N.S.) 
 
 1004. 
 Enforcement of bequest for. 14 L.R.A. 
 
 (N.S.) 96. 
 As a meeting within purview of offense of 
 
 disturbing a meeting. 30 L.R.A. (N.S.) 
 
 830. 
 
 SUN STROKE. 
 
 Risks covered by insurance against. 6 
 L.R.A.(N.S.) 609; L.R.A.1916E, 957. 
 
 Recovery under Workmen's Compensation 
 Act for injuries caused by. L.R.A. 
 1918F, 936. 
 
 SUN TIME. 
 
 See TIME, 13. 
 
 SUPERINTENDENCE. 
 
 Master's duty as to, see MASTEB AND SERV- 
 ANT, 103. 
 
 Treatment of expense of, in public service 
 propertv valuations. 48 L.R.A. (N.S.) 
 1040. 
 
 SUPERINTENDENT. 
 
 Injury to servant through negligence of, see 
 MASTER AND SERVANT, III. d, 3. 
 
 Right to mechanics' lien. 16 L.R.A. 601. 
 Of hospital, right of woman to be. 38 
 
 L.R.A. 211. 
 Report by, as privileged communication. 5 
 
 L.R.A.(N.S.) 163. 
 Authority of, to contract for services of 
 
 other persons. L.R.A.1918F, 50. 
 Grounds or justification for discharge of one 
 
 employed in executive or supervisory 
 
 capacity. L.R.A.1918C, 1030. 
 
 SUPERINTENDENT OF PUBLIC 
 INSTRUCTION. 
 
 Right of woman to be. 38 L.R.A. 212. 
 
 SUPERINTENDENT OF SCHOOLS. 
 
 Privilege of. in reporting to school authori- 
 ties on character of teacher. 30 L.R.A. 
 (X.S.) 200. 
 
 SUPERINTENDENT OF SCHOOLS 
 
 cont'd 
 Power of board to employ superintendent 
 
 for term extending beyond its own term. 
 
 29 L.R.A.(N.S.) 657. 
 
 SUPERINTENDING CONTROL. 
 
 See COUBTS, 30, 31. 
 
 SUPERIOR EMPLOYEES. 
 
 See MASTER AND SERVANT, III. d, 3. 
 
 SUPERNATURAL INFLUENCES. 
 
 Effect of belief, on capacity to make will 
 or deed. 16 L.R.A. 677. 
 
 SUPERSEDEAS. 
 
 On appeal, see APPEAL AND ERROR, 9-10a, 
 15-17, 46. 
 
 SUPERSTITIOUS USES. 
 
 Bequest for masses as. 25 L.R.A. 360. 
 
 SUPERVISING EMPLOYEES. 
 
 As fellow servants, see MASTER AND SERV- 
 ANT, III. d, 3. 
 
 Character of occupancy of premises by. 4 
 L.R.A.(N.S.) 712. 
 
 SUPERVISION. 
 
 Employer's duty as to, see MASTER AND 
 SERVANT, 103. 
 
 SUPERVISORY JURISDICTION. 
 
 On appeal, see APPEAL AND ERROR, 5. 
 Of superior over inferior or subordinate tri- 
 bunal, see COURTS, 30, 31. 
 
 SUPPLEMENTARY PLEADING. 
 
 See PLEADING, 12. 
 
 Begin tcith this fcoofc on every law question. 
 
 SUPPLEMENTARY PROCEEDINGS. 
 
 See EXECUTION, 15, 16.
 
 INDEX TO L.R.A. NOTES. 
 SUPPLIES. SUPPORT cont'd 
 
 126D 
 
 -S 1. Generally. 
 
 Purchase of supplies by foreign mining or 
 manufacturing corporation as doing 
 business within the state. L.R.A. 
 1917E, 1157. 
 
 Claim against state for. 42 L.R.A. 61. 
 
 Priority of claims against property in hands 
 of receiver for. 2 L.R.A.(N.S.) 1058. 
 
 "What supplies to jurors are proper sub- 
 jects of county charge. 21 L.R.A. 
 '(N.S.) 200. 
 
 Hight of taxpayer in absence of statute to 
 enjoin unlawful expenditures by munic- 
 ipality for. 36 L.R.A.(N.S.) 22. 
 
 2. Liien for. 
 
 Mechanics' lien for, see MECHANICS' LIENS. 
 
 Maritime lien for. 70 L.R.A. 365, 381, 391, 
 407, 4:!!). 
 
 Priority of claim for supplies against prop- 
 erty in hands of receiver over recorded 
 liens. 41 L.R.A. (N.S.) 696, 701, 708. 
 
 Acceptance of commercial paper as waiver 
 of lien for. 35 L.R.A. (N.S.) 94. 
 
 SUPPORT. 
 
 7. In general, 1, 2. 
 II. Contract for, 3-5. 
 III. Of building or land, 6. 
 
 I. In general. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 106a, 153. 
 
 Of child, see CONTRACTS, 87 ; DIVORCE AND 
 SEPARATION, 57; INFANTS, 11-13. 
 
 Of relative, see RELATIVES, 3. 
 
 Of parent or adult child, see PARENT AND 
 CHILD, 9. 
 
 Of wife, generally, see DIVORCE AND SEPA- 
 RATION, 34-49; HUSBAND AND WIFE, 
 7-10, 21, 22, 70, 71. 
 
 Allowance for widow's support, see EXECU- 
 TORS AND ADMINISTRATORS, 55, 55a. 
 
 Of incompetent person, see INCOMPETENT 
 PERSONS, 17. 
 
 Of parent or adult child, see PARENT AND 
 CHILD, 9. 
 
 Of pauper, see POOR AND POOR LAWS, 4, 5. 
 
 Failure to furnish support as ground of 
 
 divorce or separation. 43 L.R.A. (N.S.) 
 
 255. 
 Municipal power to provide during epidemic. 
 
 26 L.R.A. 729. 
 
 Garnishment of claims for. 59 L.R.A. 374. 
 Equitable relief against forfeiture of devise 
 
 on condition of support. 69 L.R.A. 841. 
 Using lunatic's property in support of his 
 
 family. 34 L.R.A. 297. 
 
 2. Provision in will for. 
 
 See WILLS, 95. 
 
 Consult also L.R.A. Digests of Cases. 
 
 II. Contract for. 
 
 3. Generally. 
 
 Undue influence in conveyance or transfer 
 of property in consideration of support 
 of third person. 52 L.R.A. (N.S.) 476. 
 
 Moral obligation as consideration for prom- 
 ise to pay for past support of relative. 
 53 L.R.A. 355; 26 L.R.A.(N.S.) 520. 
 
 Right of one who breaks contract to sup- 
 port another for life, to recover on 
 quantum meruit. 14 L.R.A.(N.S.) 537. 
 
 Effect of statute of frauds upon parol con- 
 tracts to support for life. 15 L.R.A. 
 (N.S.) 330; L.R.A.1915E, 563. 
 
 Liability of lessee for rent during part of 
 term remaining after death of person 
 whom he agreed to support. 33 L.R.A. 
 (N.S.) 347. 
 
 Specific performance of contract to provide 
 for intended husband or wife. 12 L.R.A. 
 (N.S.) 232. 
 
 Specific performance of, or injunction dur- 
 ing lifetime of promisor, against breach 
 of contract to leave property at death 
 to complainant. 18 L.R.A.(N.S.) 218. 
 
 Validity of antenuptial contract by husband 
 or wife to support the other. 15 L.R.A. 
 (N.S.) 491. 
 
 Apportionment of annuity created for. 63 
 L.R.A. 621. 
 
 4. Of grantor. 
 
 Applicability of succession tax to property 
 conveyed, or agreed to be conveyed, in 
 support of grantor during his life. 52 
 L.R.A.(N.S.) 211. 
 
 Undue influence in conveyance or transfer 
 of property in consideration of support 
 of the grantor. 52 L.R.A. (N.S.) 476. 
 
 Validity of agreement to transfer future- 
 acquired property in consideration of 
 maintenance. 70 L.R.A. 485. 
 
 Agreement for support in consideration -of 
 conveyance as basis for equitable lien. 
 13 L.RJMN.S.) 725; 28 L.R.A.(N.S.) 
 607. 
 
 Right to subject debtor's interest under con- 
 tract for his support to claims of cred- 
 itors. 42 L.R.A.(N.S.) 1213. 
 
 Relief of grantor in conveyance in con- 
 sideration of agreement to support, 
 which is broken by grantee. 43 L.R.A. 
 (N.S.) 916; L.R.A.1917D, 627. 
 
 Specific performance of contract to leave 
 property in consideration of. 44 L.R.A. 
 (N.S.) 733. 
 
 Specific performance of oral contract to 
 devise or convey land in consideration 
 of performing services or furnishing 
 support where no possession is taken 
 or improvements made. 15 L.R.A. 
 (N.S.) 466; 38 L.R.A.(N.S.) 752. 
 
 Does grantor's right to rescind for breach 
 of condition as to support descend to 
 his heirs or representatives. 23 L.R.A. 
 (N.S.) 232.
 
 1270 
 
 INDEX TO L.R.A. NOTES. 
 
 SUPPORT, II. cont'd 
 
 May grantor rescind a deed executed in con- 
 sideration of future support where per- 
 formance by grantee is without fault on 
 his part prevented by the grantor. 25 
 L.R.A.(N.S.) 932. 
 
 Excuse for failure of grantee to perform 
 agreement to support. L.R.A.1917E, 
 658. 
 
 Parol evidence that consideration for deed 
 was support of grantor. 20 L.R.A. 104. 
 
 Parol evidence of agreement to support 
 grantor in addition to consideration 
 named in deed. 25 L.R.A. (N.S.) 1199. 
 
 Applicability of succession tax to property 
 conveyed or agreed to be conveyed in 
 consideration of grantor's support dur- 
 ing his life. 18 L.R.A.(N.S.) 226. 
 
 5. Of mortgagee. 
 
 Effect of unaccepted tender on lien of mort- 
 gage for support of mortgagee. 33 
 L.R.A. 235. 
 
 777. Of building or land. 
 
 6. Generally. 
 
 Lateral support, see LATERAL SUPPOBT. 
 Subjacent support, see MINES, 20 ; SUB- 
 JACENT SUPPORT. 
 
 Right of owner of upper floor to compel 
 maintenance of walls. 3 L.R.A. (N.S.) 
 510. 
 
 Effect of destruction of building to termi- 
 nate adjoining owner's easement of sup- 
 port. 19 L.R.A.(N.S.) 883; 46 L.R.A. 
 (N.S.) 1021. 
 
 SUPPRESSION OF COMPETITION. 
 
 See COMPETITION. 
 
 SUPREME COURT OF THE UNITED 
 STATES. 
 
 Appellate jurisdiction of, see APPEAL AND 
 
 ERROR, 4. 
 Subsequent proceedings below pending error 
 
 or appeal to, see APPEAL AND ERROR, 
 
 lOa. 
 Time for transfer of cause to, see APPEAL 
 
 AND ERROR, 15. 
 Security on error or appeal to, see APPEAL 
 
 AND ERROR, 17. 
 What should be shown by record in, sec 
 
 APPEAL AND ERROR, 20. 
 Questions reviewable in, see APPEAL AND ER- 
 ROR, 28. 
 Review of facts in, see APPEAL AND ERROR, 
 
 34. 
 
 Jurisdiction of civil actions against consuls. 
 45 L.R.A. 580. 
 
 Jurisdiction of criminal actions against con- 
 suls. 45 L.R.A. 584. 
 
 Superintending control and supervisory ju- 
 risdiction of. 51 L.R.A. 33. 
 
 SUPREME COURT OF THE UNITED 
 STATES cont'd 
 
 Review in, on certiorari of decision of Fed- 
 eral court. 50 L.R.A. 801. 
 
 Jurisdiction of action against national bank 
 to recover penalty for taking usurious 
 interest. 56 L.R.A. 680. 
 
 SURCHARGE. 
 
 Right of court to surcharge account of exec- 
 utor, administrator, guardian or receiv- 
 er in absence of objection of the account 
 or on objection by amicus curice. 18 
 L.R.A.(N.S.) 284. 
 
 SURETY COMPANIES. 
 
 Do companies guarantying performance of 
 contracts constitute insurance com- 
 panies. 47 L.R.A. (N.S.) 295. 
 
 Legal powers and privileges of surety and 
 trust companies. 48 L.R.A. 587. 
 
 Character of and rules governing contracts 
 by corporations engaged for profit in- 
 business of guarantying fidelity or con- 
 tracts of other persons. 33 L.R.A. (N.S. > 
 513. 
 
 SURETYSHIP. 
 
 See PRINCIPAL AND SURETY. 
 
 SURFACE. 
 
 Right of owner or lessee of mineral in place 
 as to use of. 48 L.R.A. (N.S.) 883. 
 
 SURFACE SUPPORT. 
 
 See SUBJACENT SUPPORT. 
 
 SURFACE WATERS. 
 
 See WATERS, 59-67. 
 
 SURF BATHING. 
 
 As violation of Sunday Laws. 30 L.R.A. 
 (N.S.) 470. 
 
 SURGEONS. 
 
 See PHYSICIANS AND SURGEONS. 
 
 Begin iritJi this ItooTc on every laic question.
 
 INDEX TO L.R.A. .NOTES. 
 
 1271 
 
 SURGICAL OPERATIONS. 
 
 See PHYSICIANS AND SURGEONS, 12-16. 
 
 SURNAME], 
 
 See NAME. 
 
 SURPLUS. 
 
 On foreclosure, see MORTGAGE, 83. 
 
 Garnishment of. 59 L.R.A. 368. 
 
 Taxation " of, as part of capital stock of 
 corporation. 58 L.R.A. 569. 
 
 Distribution of, upon dissolution of mutual 
 insurance company. 3 L.R.A. (N.S.) 
 653. 
 
 Of insolvent insurance company, distribu- 
 tion of. 38 L.R.A. 110. 
 
 Representation or estimate of insurance 
 company as to. L.R.A.1918F, 343. 
 
 Reservation of surplus upon assignment of 
 chose in action as security, as a fraud 
 upon other creditors. 36 L.R.A. (N.S.) 
 370. 
 
 SURPLUSAGE. 
 
 In indictment, see INDICTMENT, etc., 8a. 
 
 Correction of special verdict by rejection of. 
 24 L.R.A.(N.S.) 72. 
 
 Rejecting as surplusage unauthorized pro- 
 visions in statutory bonds. L.R.A. 
 1917B, 991. 
 
 SURPLUS PRODUCTS. 
 
 Power of Public Service Commission to 
 regulate disposition of. L.R.A.1918C, 
 680. 
 
 SURPLUS WATER. 
 
 Use of, in improving navigability of stream. 
 67 L.R.A. 848. 
 
 SURPRISE. 
 
 Parol evidence as to. see EVIDENCE, 176. 
 As ground of injunction against judgment, 
 
 see INJUNCTION, 56. 
 As ground for relief from judgment, see 
 
 JUDGMENT, 94. 
 
 Right to impeach own witness in case of. 
 
 21 L.R.A. 424. 
 Consult also L.R.A. Digests of Cases. 
 
 SURRENDER. 
 
 1. Generally. 
 
 Of fugitive from justice, see EXTRADITION. 
 
 Of insurance policy, see INSURANCE, 53, 
 54. 
 
 Of tenancy, see LANDLORD AND TENANT, 
 29, 30. 
 
 Of office, see OFFICERS, 20. 
 
 Loss or waiver of right by pledgee's sur- 
 render of property, see PLEDGE AND COL- 
 LATERAL SECURITY, 9. 
 
 Power of corporate president to surrender 
 claims. 14 L.R.A. 359. 
 
 Of bonus stock. 38 L.R.A. 494. 
 
 Applicability of statute ' of frauds to sur- 
 render of purchaser's interest under 
 land contract. 19 L.R.A. (N.S.) 879. 
 
 Estoppel of possessor of land to assert 
 claim by surrender. 13 L.R.A. (N.S.) 
 137. 
 
 2. By accused. 
 
 Of fugitive from justice. 26 L.R.A. 34. 
 
 Right to habeas corpus in case of voluntary 
 surrender. 35 L.R.A. (N.S.) 885. 
 
 Admissibility of evidence of defendant's vol- 
 untary surrender. 20 L.R.A.(N.S.> 
 400. 
 
 SURRENDER CLAUSE. 
 
 Surrender clause in oil or gas lease as ren- 
 dering it unilateral. L.R.A.1917B, 
 1206. 
 
 SURRENDER VALUE. 
 
 Of policy, see INSURANCE, 57. 
 
 SURROGATE. 
 
 Jurisdiction of, see COURTS, 34. 
 
 Collusiveness of surrogate's decree on right 
 of personal representative to interplead 
 claimants. 37 L.R.A. (N.S.) 987. 
 
 SURVEY. 
 
 Conclusiveness of decisions or findings of 
 the Land Department as to. L.R.A. 
 1918D, 630. 
 
 SURVEYOR. 
 
 Place at which official acts of, may be per- 
 formed. 33 L.R.A. 92. 
 
 Liability of, for errors or mistakes. 38 
 L.R.A.(N.S.) 1043.
 
 1272 
 
 INDEX TO L.R.A. NOTES. 
 
 SURVEYOR GENERAL. 
 
 Power of courts to enforce ministerial du- 
 ties of state surveyor general. 52 
 L.R.A.(N.S.) 443. 
 
 SURVIVAL.. 
 
 Of action or cause of action, see ABATE- 
 MENT AND REVIVAL, 2-4. 
 Of contract, see CONTRACTS, 146. 
 
 Of primary obligation on payment by sure- 
 ty. 68 L.R.A k 548. 
 
 SURVIVING PARTNER. 
 
 See PARTNERSHIP, 41-45. 
 
 SURVIVORSHIP. 
 
 Presumption of, see EVIDENCE, 31. 
 
 Admissibility of finding of coroner to prove 
 that one spouse predeceased the other. 
 45 L.R.A. (N.S.) 408. 
 
 Rights acquired by, under hemestead and 
 exemption laws. 4 L.R.A. (N.S.) 390; 
 L.R.A.1917C, 370. 
 
 Constructive trust in deed of homestead by 
 husband to wife with proviso attempt- 
 ing to derogate from her right of. 1 
 L.R.A.(N.S.) 312. 
 
 Character of remainder created by devise 
 thereof to certain persons "or as many 
 of them as may be living;" "such of 
 [a class or group] as may be living;" 
 or with other forms of expression im- 
 porting survivorship. L.R.A.1917D, 
 601. 
 
 SUSPENSION. 
 
 Of attorney, see ATTORNEYS, 4, 5. 
 
 Of member of benefit society, see BENEVO- 
 LENT SOCIETY, 3 a; INSURANCE, 105. 
 
 Of sentence, see CRIMINAL LAW, 84. 
 
 Of writ of habeas corpus, see HABEAS COB- 
 PUS, 8. 
 
 Of business in insured property, effect, see 
 INSURANCE, 76. 
 
 Of member of labor union, see LABOR OR- 
 GANIZATIONS. 
 
 From office, see MUNICIPAL CORPORATIONS, 
 117; OFFICERS, 22-24. 
 
 Of alienation, see PERPETUITIES. 
 
 Of pupil, see SCHOOLS, 9-11. 
 
 SUSPICION. 
 
 SUSPICIOUS STATEMENTS. 
 
 Right to rely on. 37 L.R.A. 596. 
 
 SWALES. 
 
 As water courses. 15 L.R.A. 630. 
 Municipal liability for obstruction of. 
 L.R.A. 269. 
 
 65 
 
 SWAMPS. 
 
 Power to fill low lands at expense of owner. 
 
 30 L.R.A.(N.S.) 709. 
 Conclusiveness of decisions or findings of 
 
 the Land Department as to. L.R.A. 
 
 1918D, 623. 
 Organization of swamp lands into municipal 
 
 corporation. L.R.A.1918B, 1091. 
 
 SWAYING. 
 
 Liability of carrier for injury to passenger 
 by swaying of car. L.R.A.1918A, 1171. 
 
 SWEATING. 
 
 Provision relieving carrier from liability for 
 loss by sweating as extending to loss 
 caused by negligence. 6 B. R, C. 130. 
 
 SWEEPING STREETS. 
 
 Assessment for, see PUBLIC IMPROVEMENTS, 
 15. 
 
 SWELLS. 
 
 Duty of steamer to avoid imperiling small 
 boat by. 7 L.R.A.(N.S.) 920. 
 
 SWINDLING. 
 
 Truth of charge as to, as defense to civil 
 action for libel or slander. 31 L.R.A. 
 (N.S.) 146; 50 L.R.A.(N.S.) 1040. 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence from possession of 
 stolen property. 69 L.R.A. 204. 
 
 SWINGING DOORS. 
 
 Voluntariness of confession made under. 18 Duty of storekeeper toward customer as to 
 L.R.A.(N.S.) 796; 50 L.R.A.(N.S.) condition of. 21 L.R.A. (N.S.) 463; 
 
 1077. L.R.A.1915F, 572. 
 
 Begin with this boots on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1273 
 
 SWITCH. 
 
 Master's liability for injury to employee due 
 to defect in, see MASTER AND SERVANT, 
 94, 95. 
 
 Unblocked switches, see UNBLOCKED 
 SWITCHES. 
 
 In general, see SPUB TRACKS AND SIDINGS. 
 
 SWITCH CONNECTION. 
 
 Right to compensation for interference 
 with. 52 L.R.A.(N.S.) 192. 
 
 SWITCHING SERVICE. 
 
 What constitutes. L.R.A.1916D, 455. 
 
 SWITCH LIMITS. 
 
 As depot grounds within meaning of fence 
 laws. 7 L.R.A.(N.S.) 209. 
 
 SWITCHMEN. 
 
 As fellow servants. 50 L.R.A. 434, 456, 457 ; 
 52 L.R.A.(N.S.) 1104. 
 
 SWITCH TRACKS. 
 
 See SPUB TRACKS AND SIDINGS. 
 
 SYNDICATES. 
 
 As to corporate promoters, see CORPORA- 
 TIONS, 62-65. 
 
 Relations and rights of syndicate members. 
 
 40 L.R.A. 216. 
 
 Unincorporated syndicate as a partnership. 
 18 L.R.A.(N.S.) 1094. 
 
 SYPHILIS. 
 
 Condonation of, as defense to action for di- 
 vorce or annulment of marriage. 5 
 L.R.A.(N.S.) 729. 
 
 Misrepresentations or concealment as to, as 
 ground for annulment of marriage. 1& 
 L.R.A.(N.S.) 996. 
 
 TACKING. 
 
 Of adverse possession, see ADVERSE POSSES- 
 SION, 20. 
 
 Effect of addition of new items to extend 
 time for filing mechanics' lien. 35 
 L.R.A. (N.S.) 901. 
 
 Right to tack different contracts to per- 
 form labor or furnish material for pur- 
 pose of extending time to file lien. 15 
 L.R.A.(N.S.) 299. 
 
 TAILORS. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of tailoring business as 
 affected by its territorial scope. L.R.A. 
 1916C, 631. 
 
 TAKING. 
 
 What constitutes, see EMINENT DOMAIN, 
 41-44. 
 
 TALESMEN. 
 
 Summoning biased talesman as a contempt. 
 
 20 L.R.A.(N.S.) 1013. 
 Consult also L.R.A. Digests of Cases. 
 
 TALLOW. 
 
 Municipal power over, as nuisance. 38- 
 L.R.A. 654. 
 
 TAN BARK. 
 
 Sufficiency of delivery of, on sale out of 
 larger lot. 26 L.R.A.(N.S.) 40. 
 
 TANGIBLE PROPERTY. 
 
 Taxation of, see TAXES. 
 
 Corporate bonds as subject of attachment 
 
 as. 36 L.R.A. (N.S.) 421. 
 
 TAPPING WIRES. 
 
 Illegal intent of prosecutor as affecting guilt 
 of obtaining property by scheme for.. 
 17 L.R.A.(N.S.) 276. 
 
 TAR. 
 
 Keeping of, on insured premises. L.R.A. 
 1917C, 278.
 
 1274 
 
 INDEX TO L.R.A. XOTES. 
 
 TARDINESS. 
 
 Of attorney as contempt of court. 15 L.R.A. 
 
 389. 
 Right to exclude pupil from school for. 41 
 
 L.R.A. 597. 
 
 TAVERN. 
 
 See INNKEEPEBS. 
 
 TAXATION. 
 
 See TAXES. 
 
 TAX CERTIFICATE. 
 
 As color of title, see ADVEBSE POSSESSION, 
 
 16. 
 In general, see TAXES, 80. 
 
 TAX COLLECTOR. 
 
 See TAXES, 61. 
 
 TAX DEED. 
 
 As color of. title, see ADVEBSE POSSESSION, 
 
 17. 
 In general, see TAXES, 80, 81. 
 
 TAXES. 
 
 I. In general, 1-3. 
 II. Power of taxation; ichat taxable, 
 4-30. 
 
 a. Power generally, 4, 5. 
 
 &. Power of state or munici- 
 pality to tax Federal agen- 
 cies, instrumentalities, and 
 property, 6, 7. 
 
 C. Equality; uniformity; dis- 
 crimination; double tax- 
 ation, 8-12. 
 
 d. For what purpose or use, 
 
 13. 
 
 e. What taxable; exemptions, 
 
 14-39. 
 
 1. In general, 14-29. 
 
 2. Public property, ff 3O- 
 
 32. 
 
 3. Corporations and cor- 
 
 porate property, 33- 
 39. 
 III. Where taxable; situs of property, 
 
 4O-49. 
 
 IV- Assessment and levy; enforce- 
 ment; collection, 5O-87. 
 a. In general, 5O-52. 
 
 Begin with this booTc on every law question. 
 
 TAXES, IV. cont'd 
 
 b. Assessment, 53-5S. 
 
 1. In general, 53-55. 
 
 2. Valuation, 56-58. 
 
 c. Reassessment, 59. 
 
 cc. Review; correction; equal- 
 isation; appeal, 59a- 
 59c. 
 
 d. Tax officers, 6O, 61. 
 
 e. Who liable for tax; to ichoin 
 
 taxable, 62, 63. 
 
 f. Payment; tender, 64, 65. 
 
 g. Relief from, 66, 67. 
 
 h. Enforcement and collection 
 
 generally, 68-71. 
 i. Sale for nonpayment; tax 
 
 certificate or deed; tax title, 
 
 72-81a. 
 
 j. Redemption, 82-85. 
 fc. Recovering back, taxes paid, 
 
 86, 87. 
 
 V. Lien; priorities, 88, 89. 
 VI. Succession tax, 9O-1O5. 
 
 a. In general, 9O-95. 
 
 b. Property and transfers sub- 
 
 ject to, or exempt from, 
 96-98a. 
 
 c. Persons subject to, or ex- 
 
 empt from, 99, 1OO. 
 
 d. Assessment; valuation, 
 
 1O1-1O3. 
 
 e. Payment; classification, 
 
 1O4, 105. 
 
 VII. Income tax, 1O6. 
 VIII. Stock transfer tax, 1O7. 
 
 I. In general. 
 
 1. Generally. 
 
 As affecting commerce, see GOMMEBCE, 
 20, 21. 
 
 Impairment of obligation of contracts as 
 to, see CONSTITUTIONAL LAW, 32. 
 
 Constitutionality of statutes as to general- 
 ly, see CONSTITUTIONAL LAW, 154- 
 157. 
 
 As taking of property, see EMINENT DO- 
 MAIN, 42. 
 
 Estoppel as to, see ESTOPPEL, 7. 
 
 Internal revenue tax, see INTEBNAL REV- 
 ENUE. 
 
 Rights of parties to mortgage as to taxes, 
 see MOBTGAGE, 32. 
 
 By municipality generally, see MUNICIPAL 
 
 CORPOBATIONS, 109-111. 
 
 Assessment for public improvements, see 
 
 PUBLIC IMPBOVEMENTS, IV. 
 General and special legislation as to, see 
 
 STATUTES, 17, 18. 
 Sufficiency of tender of payment of, see 
 
 TENDEB, 3. 
 Taxation by or against United States, see 
 
 UNITED STATES, 7, 8. 
 
 Allowance for taxes during construction of 
 public utility plants in estimating the 
 value thereo'f. 48 L.R.A.(N.S.) 1043. 
 
 Treatment of expense of, in estimating the 
 return of a public service corporation 
 for rate-making purposes. 52 L.R.A. 
 (N.S.) 58.
 
 INDEX TO L.R.A. NOTES. 
 
 1275 
 
 TAXES, I. cont'd 
 
 Suits relating to taxation, as actions against 
 the state. 44 L.R.A. (N.S.) 212. 
 
 Workmen's compensation act as illegal use 
 of taxing power. L.R.A.1916A, 427; 
 L.R.A.1917D, 57. 
 
 Possessory action for tax receipts. 45 
 L.R.A. (N.S.) 785. 
 
 Right to recover back tax voluntarily re- 
 funded. 45 L.R.A. (N.S.) 75:;. 
 
 Increase in proportion of tax or assessment 
 imposed on property as impairment of 
 vested rights. 8 L.R.A. (N.S.) 546. 
 
 .Nature of occcupation of servant with re- 
 spect to matters of taxation. 4 L.R.A. 
 (N.S.) 698. 
 
 Requiring mortgagor to pay mortgage or 
 recording tax as usury. L.R.A.1918F, 
 383. 
 
 Effect of failure to pay registration tax. 42 
 L.R.A. (N.S.) 146". 
 
 Denial upon information and belief of mat- 
 ters concerning taxes. 30 L.R.A. (N.S.) 
 780. 
 
 Tederal courts following state decisions on 
 questions relating to. 40 L.R.A. (N.S.) 
 444. 
 
 Right to consider accruing taxes in assign- 
 ing dower or fixing its cash value. 40 
 L.R.A. (N.S.) C09. 
 
 2. What constitutes a tax. 
 
 Special assessment as tax. 3 L.R.A. (N.S.) 
 837. 
 
 Water rates as taxes. 21 L.R.A. 51 9. 
 
 Fees as taxes, within constitutional pro- 
 visions relating to taxation. 1 L.R.A. 
 (N.S.) 153. 
 
 Conscription of labor for working highwav, 
 as a tax. 5 L.R.A. (N.S.) 1139. 
 
 What are poll taxes. 29 L.R.A. 404. 
 
 3. Taxing districts. 
 
 Rig" t to extend tax over territory added 
 to taxing district after tax voted. 39 
 L.R.A. (N.S.) 601. 
 
 Power of legislature to make special tax- 
 ing district of territory annexed to mu- 
 nicipality. 27 L.R.A. 738: 
 
 Right to interplead different taxing dis- 
 tricts claiming right to claim same 
 property. 35 L.R.A. (N.S.) 330. 
 
 Right of creditor of taxing district to in- 
 voke aid of court to obtain satisfac- 
 tion of debt, where ordinary remedies 
 not available. 32 L.R.A. (N.S.) 1020. 
 
 //. Power of taxation; ^vhat taxable. 
 
 a. Power, generally. 
 
 4. Generally. 
 
 Power to impose succession tax, see infra, 
 
 92. 
 
 Power to impose poll tax. 29 L.R.A. 406. 
 Taxation without representation. 15 L.R.A. 
 
 (N.S.) 67. 
 Estoppel of taxing power to tax land, by 
 
 wrongful claim of ownership of. 14 
 
 L.R.A. (N.S.) 1074. 
 Right to extend tax over territory added to 
 
 taxing district after tax voted. 39 
 
 L.R.A. (N.S.) 601. 
 Consult also L.R.A. Digests of Cases. 
 
 TAXES, II. a cont'd 
 
 "Emergency" which will authorize an extra 
 tax. 52 L.R.A. (N.S.) 676. 
 
 5. Delegation of power. 
 
 To what boards or bodies power of taxation 
 may be delegated. 15 L.R.A. (N.S.) 
 61; 32 L.R.A.(N.S.) 1078. 
 
 b. Power of state or municipality to tax 
 Federal agencies, instrumentalities, 
 and property. 
 
 6. Generally. 
 
 Effect of admission of state into the Union 
 upon provision of ordinance of 1787 
 as to taxation of United States lands. 
 52 L.R.A. (N.S.) 332. 
 
 Power of state to tax salary of Federal 
 officer, or of Federal government to tax 
 salary of state officer. 34 L.R.A.(N.S.) 
 
 Exemption from state taxation of paper giv- 
 en for interest on obligations of the 
 Federal government. 5 L.R.A. (N.S.) 
 608. 
 
 Property leased by United States as subject 
 to taxation. 35 L.R.A. (N.S.) 167. 
 
 Local license tax on vessels licensed by. 27 
 L.R.A. 414. 
 
 Municipal assessment of property of United 
 States. 23 L.R.A. 810. 
 
 Applicability of general tax exemptions to 
 inheritance or succession tax on be- 
 quest to United States. 23 L.R.A. 
 (N.S.) 1209. 
 
 7. State taxation of national banks. 
 
 Decisions prior to establishment of nation- 
 
 al banks. 45 L.R.A. 737. 
 Acts establishing national banks. 45 L.R.A. 
 
 738. 
 Taxation of property franchises or processes 
 
 of banking. 45 L.R.A. 739. 
 Taxation of shares of stock. 45 L.R.A. 743; 
 3 L.R.A.(N.S.) 584. 
 
 Discrimination. 45 L.R.A. 748; 10 
 
 L.R.A. (N.S.) 947. 
 
 Bank officers to assist. 45 L.R.A. 762. 
 Provisions of state Constitutions. 45 L.R.A. 
 
 763. 
 
 Remedies. 45 L.R.A. 763. 
 Contracts for special rates. 45 L.R.A. 764. 
 Tax on bank officers. 45 L.R.A. 764. 
 Taxation of property of national bank in 
 
 hands of receiver. L.R.A.1915E, 223. 
 
 c. Equality; uniformity; discrimina- 
 tion; double taxation. 
 
 8. Generally. 
 
 Constitutional equality in taxation of cor- 
 
 porations, see infra, 39. 
 Of succession tax, see infra, 93. 
 In license tax, see LICENSE, 46, 46a. 
 
 Equal privileges as to. 14 L.R.A. 583. 
 Self-executing effect of provision as to uni- 
 
 formity. 16 L.R.A. 284. 
 Constitutionality of poll tax as affected 
 
 by exemptions therefrom. 13 L.R.A. 
 
 (N.S.) 901. 
 Who may raise objection that taxation 
 
 statute contains an unconstitutional 
 
 discrimination. 32 L.R.A. (N.S.) 957.
 
 1276 
 
 INDEX TO L.R.A. NOTES. 
 
 TAXES, II. c cont'd 
 
 Validity of discrimination in rate of tax- 
 ation on rural lands within limits of 
 municipality. 34 L.R.A. 193. 
 
 Want of uniformity in mortgage registra- 
 tion tax. L.R.A.1916A, 866. 
 
 Constitutionality of classification of miner- 
 als for purpose of taxation. L.R.A. 
 1916F, 164. 
 
 Discrimination between credits secured by 
 lien and those not so secured. L.R.A. 
 19] 5A, 185. 
 
 Statute requiring particular locality to 
 bear part of judge's salary as violating 
 constitutional requirement of uniform- 
 ity in taxation. L.R.A.1917D, 797. 
 
 Privilege or occupation tax on rights issu- 
 ing out of or connected with real prop- 
 erty as a property tax within the con- 
 stitutional provision. L.R.A.1918C, 
 898. 
 
 9. Double taxation. 
 
 In succession tax, see infra, 94. 
 
 Double taxation; what constitutes; valid- 
 ity. 16 L.R.A. 59. 
 
 Avoidance of double domestic taxation in 
 case of property brought into tax dis- 
 trict after tax day. 38 L.R.A.(N.S.) 
 860. 
 
 10. tax on mortgage. 
 
 Taxation of mortgage as double taxation. 
 
 2 L.R.A. 350;* 16 L.R.A. 60. 
 Taxation of mortgage and real estate at 
 
 full value as double taxation. 23 
 
 L.R.A.(N.S.) 152. 
 
 1 1 . of corporations. 
 
 In taxation of corporations. 60 L.R.A. 366. 
 Tax on corporate franchise as double tax- 
 ation. 57 L.R.A. 97. 
 Double taxation in taxing capital stock of 
 
 corporation. 58 L.R.A. 589. 
 Taxation of shares of stock and corporate 
 
 assets as double taxation. 
 (N.S.) 952. 
 
 15 L.R.A. 
 
 Taxation of business or occupation of a 
 public-service corporation, and of its 
 franchise or right to occupy the streets, 
 as double taxation. 28 L.R.A. (N.S.) 
 22. 
 
 12. tax in two or more states. 
 
 Exacting succession tax in two or more 
 
 states as double taxation. 
 (N.S.) 150. 
 
 15 L.R.A. 
 
 Taxation of property in different states as 
 double taxation. 15 L.R.A.(N.S.) 142. 
 [See also 36 L.R.A.(N.S.) 295.] 
 
 d. For what purpose or use. 
 
 13. Generally. 
 
 What constitutes a tax, see supra, 2. 
 Uses for which public money may be em- 
 ployed, see PUBLIC MONEY, 4. 
 For school purposes, see SCHOOL,S, 35. 
 
 TAXES, II. d cont'd 
 
 Contract to levy taxes for particular pur- 
 pose as affecting power or right to levy- 
 taxes for other purposes. L.R.A.1918B, 
 886. 
 
 Public purposes for which money may be 
 raised by taxation. 14 L.R.A. 474. 
 
 For levees. 58 L.R.A. 758. 
 
 For salary of pastor. 38 L.R.A. 687. 
 
 To defray cost of municipal waterworks. 61 
 L.R.A. 50. 
 
 By county for state institution. 17 L.R.A. 
 795. 
 
 To defray cost of municipal waterworks. 
 61 L.R.A. 50. 
 
 Right of municipal corporation to require 
 use of water meters and impose expense 
 of same on consumers. 23 L.R.A. (N.S.) 
 410; L.R.A.1915A, 320. 
 
 Constitutionality of tax on dogs for benefit 
 of sheep owners. 17 L.R.A. (N.S.) 855, 
 
 Validity of law imposing tax on insurance 
 companies for the benefit of firemen. 13- 
 L.R.A.(N.S.) 1147. 
 
 Validity of statute providing for govern- 
 mental assistance of individual mem- 
 bers of certain classes of unfortunate 
 or afflicted persons. 7 L.R.A. (N.S.) 
 1196. 
 
 Validity of statute or ordinance authorizing 
 levy of tax for two or more purposes. 
 
 14 "L.R.A. (N.s.) 519. 
 
 Workmen's compensation scheme as illegal 
 use of taxing powers. L.R.A.1916A, 
 427; L.R.A.1917D, 57. 
 
 e. What taxable; exemptions. 
 
 1. In general. 
 
 14. Generally; miscellaneous sub- 
 jects of taxation. 
 
 Power of state to tax Federal agency, in- 
 strumentality, or property, see supra, 
 6, 7. 
 
 Property subject to inheritance tax, see 
 
 infra, 96- 
 Income, see infra, 
 
 106. 
 
 Begin with this ~booTt on every Imv question. 
 
 Exemption from succession tax, see infra, 
 
 95-100. 
 
 Tax on dogs, see ANIMALS, 19. 
 Of banks, see BANKS, 50. 
 Of commercial bonds, see BONDS, 26. 
 Taxation of bridge, see BRIDGES, 13. 
 On cemetery, see CEMETERIES, 3. 
 On copyrighted article, see COPYRIGHT, 10. 
 On land held by the curtesy, see CURTESY-, 
 
 5. 
 Taxation of property of gas company, see 
 
 GAS, 4. 
 Tax on leasehold interest, see LANDLORD 
 
 AND TENANT, 8. 
 Tax on improvements on leased premises, 
 
 see LANDLORD AND TENANT, 41. 
 Tax or license on occupation, see LICENSE, 
 
 II. 
 What property subject to municipal tax, see 
 
 MUNICIPAL CORPORATIONS, 110. 
 Poll tax, see POLL TAXES. 
 Of vessels, see SHIPPING, 5.
 
 INDEX TO L.R.A. NOTES. 
 
 127 
 
 TAXES, II. e, 1 cont'd 
 
 Membership in board of trade or exchange 
 as subject of taxation. 50 L.R.A. 
 (N.S.) 255. 
 
 Effect of dissolution on taxation of part- 
 nership property. 22 L.R.A. 478. 
 
 Property of joint-stock association. 22 
 L.R.A. 478. 
 
 Exemption of copyrights. 57 L.R.A. 57; 58 
 L.R.A. 564. 
 
 Trademark as a subject of taxation. 21 
 L.R.A. (N.S.) 30. 
 
 -Goodwill of business. 58 L.R.A. 566. 
 
 Property right in intellectual productions. 
 51 L.R.A. 381. 
 
 -Bicycles as subjects of taxation by munici- 
 palities. 47 L.R.A. 304. 
 
 Assessment and taxation of pew. 22 L.R.A. 
 215. 
 
 Privilege or license to sell intoxicating liq- 
 uors as subject of taxation. 37 L.R.A. 
 (N.S.) 455. 
 
 Tax on gross receipts of interstate tele- 
 graph and telephone companies. 24 
 L.R.A. 162. 
 
 Deposit by insurance company as subject 
 of taxation. 36 L.R.A. (N.S.) 226. 
 
 Taxation of toll bridge. 58 L.R.A. 168; 30 
 L.R.A.(N.S.) 364. 
 
 la property for which no method of taxa- 
 tion is prescribed subject to taxation 
 under a statute declaring that all prop- 
 erty not exempt shall be taxed "in the 
 manner provided by this act." 28 
 L.R.A. (N.S.) 251. 
 
 Interest of one other than the owner of the 
 soil in growing trees or timber, or their 
 products, as separate subject of taxa- 
 tion. 17 L.R.A.(N.S.) 693. 
 
 Interest of one other than the owner of the 
 soil in mineral in situ as independent 
 subject of taxation. 17 L.R.A. (N.S.) 
 688; L.R.A.1916D, 307. 
 
 Elevators, warehouses, etc., and their sites,, 
 on railroad right of way, as separate 
 subjects of taxation. L.R.A.1916E, 413. 
 
 Taxation of property in hands of receiver. 
 L.R.A.1915E, 211. 
 
 15. Exemptions generally. 
 
 In succession tax, see infra, 95. 
 From local assessment, see PUBLIC IMPROVE- 
 MENTS, 23. 
 
 Exemption of consuls. 45 L.R.A. 587. 
 
 Deducting exempt property in taxation of 
 shares of corporate stock in hands of 
 shareholders. L.R.A.1915C, 389. 
 
 Deduction of exempt property in taxation 
 of capital stock of corporation. L.R.A. 
 191 50, 385. 
 
 Acquisition of exempt character after tax 
 day. L.R.A.1915C, 125. 
 
 Real property given to trustees to sell and 
 pay proceeds to certain institution as 
 within exemption from taxation ex- 
 tended to real property of such insti- 
 tution. 42 L.R.A. (N.S.) 530. 
 
 Question as to exemption from taxation as 
 Federal question. 62 L.R.A. 537. 
 
 Extent of exemption. 9 L.R.A. 629. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TAXES, II. e, 1 cont'd 
 
 Constitutionality of poll tax as affected by 
 exemptions therefrom. 13 L.R.A. 
 (N.S.) 901. 
 
 j Liability to local assessments for benefits, 
 of property exempt from general taxa- 
 tion. 18 L.R.A.(N.S.) 451; 32 L.R.A. 
 (N.S.) 303; 44 L.R.A. (N.S.) 67; 
 L.R.A.1916F, 864. 
 
 Effect of exemption of property in state in 
 taxing shares of national bank stock. 
 45 L.R.A. 746. 
 
 Making clothing to measure as manufac- 
 turing for purposes of tax laws. 44 
 L.R.A.(N.S.) 303. 
 
 16. Power to exempt. 
 
 Power of municipality to exempt from taxa- 
 tion, see MUNICIPAL COBPOBATIONS, 
 111. 
 
 Constitutional limitation of the power to 
 exempt property from taxation as af- 
 fecting public obligations or property. 
 L.R.A.1917B, 308. 
 
 Power of state legislature to exempt from 
 taxation. 19 L.R.A. 77. 
 
 Municipal power to exempt. 15 L.R.A. 860; 
 29 L.R.A.(N.S.) 183. 
 
 Power of municipality to exempt rural 
 lands within corporate limits from 
 taxation. 34 L.R.A. 200. 
 
 17. Property of nonresident. 
 
 Where property of, or debts due to, non- 
 resident are taxable, see infra, 42. 
 
 Transfer tax on estate of nonresident, see 
 infra, 100. 
 
 17a. Property becoming subject to 
 tax after tax day. 
 
 Assessability of property brought into tax 
 
 district after tax day. 38 L.R.A. 
 
 (N.S.) 856. 
 Personal property acquiring a taxable 
 
 nature after tax day. 38 L.R.A. 
 
 (N.S.) 1157. 
 
 18. Credits. 
 
 Option as taxable credit. 10 L.R.A.(N.S.) 
 1061. 
 
 Option to purchase, or contract for sale of, 
 real property, as a taxable credit. 34 
 L.R.A.(N.S.) 1221. 
 
 Outstanding accounts as "property" or 
 "credits" subject to taxation. 29 L.R.A. 
 (N.S.) 60. 
 
 Shares of stock in building and loan asso- 
 ciation as "credits" within taxing stat- 
 ute. 38 L.R.A.(N.S.) 137. 
 
 Amount due under contract for the pur- 
 chase of land, not evidenced by note or 
 purchase-money mortgage, as a credit 
 subject to taxation. 17 L.R.A.(N.S.) 
 1220. 
 
 Constitutionality of provision for deduct- 
 ing debts from credits to be taxed. 23 
 L.R.A. 278. 
 
 19. Judgments. 
 
 Tax on judgment. L.R.A.1918F, 823. 
 Constitutionality of specific tax upon judg- 
 ments. 32 L.R.A.(N.S.) 179.
 
 1278 
 
 INDEX TO L.R.A. NOTES. 
 
 TAXES, II. e, 1 cont'd 
 20. Mortgages. 
 
 As double taxation, see supra, 10. 
 Situs for taxation of property secured by 
 mortgage, see infra, 47. 
 
 Power to tax mortgages. 16 L.R.A. 59. 
 
 21. What constitutes real estate for 
 purposes of. 
 
 Coal. 15 L.R.A. 297. 
 
 Public land claims, and improvements there- 
 on. 15 L.R.A. 297. 
 
 Leasehold interests. 15 L.R.A. 297. 
 
 Wharves, piers, and bridges. 15 L.R.A 298. 
 
 Railway property. 15 L.R.A. 298. 
 
 Pipe line. 15 L.R.A. 299. 
 
 Telegraph line. 15 L.R.A. 299. 
 
 Water and gas companies' property. 15 
 L.R.A. 299. 
 
 22. Municipal taxation of rural 
 lands within corporate limits. 
 
 In general. 34 L.R.A. 193; 27 L.R.A. (N.S.) 
 
 695. 
 Validity of exemption or discrimination in 
 
 rates. 34 L.R.A. 193; 27 L.R.A. (N.S.) 
 
 696. 
 
 Construction of statutory exemption or dis- 
 crimination. 34 L.R.A. 194; 27 L.R.A. 
 
 (N.S.) 698. 
 Right to repeal exemptions. 34 L.R.A. 
 
 195; 27 L.R.A. (N.S.) 696. 
 Validity of taxation of farm lands. 34 
 
 L.R.A. 195. 
 
 Power of courts. 34 L.R.A. 196. 
 What property is taxable. 34 L.R.A. 198. 
 Power of municipality to exempt. 34 
 
 L.R.A. 200. 
 
 Original incorporation. 34 L.R.A. 200. 
 Assessments. 34 L.R.A. 200. 
 Method of raising question. 34 L.R.A. 200. 
 
 23. State, United States, or munici- 
 pal bonds. 
 
 Liability of municipal bonds to taxation. 12 
 L.R.A.(N.S.) 1159. 
 
 Implied exemption of state or municipal 
 bonds. 7 L.R.A. (N.S.) 663. 
 
 Taxation of United States bonds as part of 
 capital stock of corporation. 57 L.R.A. 
 57; 58'L.R.A. 568. 
 
 Exemption from state taxation of paper 
 given for interest on obligations of Fed- 
 eral government. 5 L.R.A. (N.S.) 608. 
 
 Deduction of amount invested in national 
 securities in taxing capital stock of 
 corporation. L.R.A.1915C, 385. 
 
 Constitutional limitation of the power to 
 exempt property from taxes as affect- 
 ing. L.R.A.J917B, 308. 
 
 24. Charitable, educational, and re- 
 ligious institutions. 
 
 Taxation of colleges, see COLLEGES, 2. 
 Exemption from improvement assessment, 
 see PUBLIC IMPROVEMENTS, 23. 
 
 TAXES, II. e, 1 cont'd 
 
 Right of charitable, educational, or religious- 
 institution to exemption from taxation, 
 as affected by the geographical field of 
 operation. 17 L.R.A. (N.S.) 733; 51 
 L.R.A.(N.S.) 817. 
 
 Liability of property of religious society to- 
 local assessment. 35 L.R.A. 36. 
 
 Exemption of parish house from taxation. 
 27 L.R.A.(N.S.) 910. 
 
 Exemption of parsonage from taxation. 39 1 
 L.R.A. (N.S.) 437. 
 
 Exemption from property taxation of prop- 
 erty of Young Men's Christian As- 
 sociation or Young Women's Christian. 
 Association. L.R.A.1916D, 275. 
 
 Exemption of property used for private 
 school. 21 L.R.A.(N.S.) 164; L.R.A. 
 1917E, 1097. 
 
 Is school which is also used for residential 
 purposes by proprietor and family, or 
 other persons connected with the school 
 "exclusively" used for school purposes > 
 within statutory exemption. 21 L.R.A. 
 (N.S.) 171. 
 
 Exemption of property of patriotic societies. 
 26 L.R.A. (N.S.) 707. 
 
 Fraternal benefit society as a benevolent or 
 charitable association within exemption 
 statutes. 7 L.R.A. (N.S.) 380. 
 
 Exemption of library from taxation when 
 not expressly included in the exemption 
 statute. 24 L.R.A. (N.S.) 1205. 
 
 Requiring payment from inmates as affect- 
 ing right of charitable institution to- 
 public aid or exemption from taxation. 
 29 L.R.A.(N.S.) 10; L.R.A.117B, 782. 
 
 Use of lodge or club building for entertain- 
 ment or social purposes as affecting 
 right of exemption from taxation. 
 L.R.A.1915C, 694. 
 
 25. property devoted to purposes 
 of particular society. 
 
 Effect of fact that property otherwise ex- 
 empt from taxation is devoted to- 
 purposes of a particular society. 
 16 L.R.A. (N.S.) 829; 26 L.R.A. 
 (N.S.) 696. 
 
 Exemption of college fraternity house. 52 
 L.R.A. (N.S.) 995. 
 
 26. effect of using in secular busi- 
 ness. 
 
 Effect of using property of a religious, 
 charitable, or educational institu- 
 tion in secular business or for 
 revenue, upon its right to exemp- 
 tion from taxation. 19 L.R.A. 289 - f 
 50 L.R.A.(N.S.) 1197. 
 
 27. Railroad property. 
 
 Upon passenger traffic, see CARRIERS, 100. 
 On freight, see CARRIERS, 146. 
 
 Nature of railroad property for purpose of 
 15 L.R.A. 298; 66 L.R.A. 51. 
 
 28. Patent rights. 
 
 Exemption of patent rights. 29 L.R.A. 792;. 
 
 Begin icitJi this fooofc on every late question. 
 
 57 L.R.A. 57; 58 L.R.A. 564.
 
 INDEX TO L.R.A. NOTES. 
 
 1279- 
 
 TAXES, II. e, 1 cont'd 
 
 29. Municipal waterworks. 
 
 Belonging to municipality, see infra, 32. 
 
 Property of water company as real estate 
 
 for purposes of taxation. 15 L.R.A. 
 
 299. 
 Property of private companies. 60 L.R.A. 
 
 850. 
 Property outside limits of municipality. 60 
 
 L.R.A. 852. 
 
 Exemptions. 60 L.R.A. 853. 
 Construction of statutes. 60 L.R.A. 854. 
 Where taxable. 60 L.R.A. 854. 
 Amount. 60 L.R.A. 854. 
 Character of property. 60 L.R.A. 855. 
 Enforcement. 60 L.R.A. 855. 
 
 2. Public property. 
 
 30. Generally. 
 
 Tax on property of state, see STATES, 3. 
 
 Constitutional limitation of the power to 
 exempt property from taxes aa affect- 
 ing. L.R.A.1917B, 308. 
 
 Property leased by public as subject of tax- 
 ation. 35 L.R.A.(N.S.) 167; 52 L.R.A. 
 (N.S.) 991. 
 
 Effect of provision in lease of public prop- 
 erty as to payment of taxes. L.R.A. 
 1915C, 698. 
 
 Property granted or sold with reservation 
 of title or lien in favor of public, 
 as subject of taxation. 35 L.R.A. 
 (N.S.) 669. 
 
 Acquisition of property by the public as 
 affecting tax proceedings previous- 
 ly instituted, or previously ex- 
 istent tax lien. 48 L.R.A.(N.S.) 
 707. 
 
 Property located in one state or munici- 
 pality, but belonging to another. 
 50 LJl.A.(N.S.) 243. 
 
 30a. Property from which an in- 
 come is derived. 
 
 Exemption in terms. L.R.A.1915A, 1118. 
 Exemption by implication. L.R.A.1915A, 
 
 1119. 
 
 "Public uses" or purposes under constitu- 
 tions and statutes. L.R.A.1915A, 1122. 
 Particular statutes. L.R.A.1915A, 1125. 
 Miscellaneous. L.R.A.3915A, 1125. 
 
 31. Property of municipality. 
 
 Liability to local improvement assessment, 
 see PUBIJC IMPROVEMENT, 23. 
 
 Property held by municipal corporation in 
 trust as subject of taxation. 34 L.R.A. 
 (N.S.) 143. 
 
 Property leased by, as subject of taxation. 
 35 L.R.A. (N.S.) 167; 52 L.R.A. (N.S.) 
 991. 
 
 Tax on highway. 44 L.R.A. ( N.S. ) 836. 
 
 Taxation of property of municipality lo- 
 cated in another municipality or an- 
 other state. 50 L.R.A. (N.S.) 243. 
 
 Property from which income is derived. 
 L.R.A.1915A, 1118. 
 
 Exemption of municipal light plant from 
 taxation. 16 L.R.A. (N.S.) 867. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TAXES, II. e, 2 cont'd 
 
 32. municipal waterworks. 
 
 Constitutional limitation of the power to ex- 
 empt property from taxation as affect- 
 ing. L.R.A.1917B, 308. 
 
 Taxation of waterworks owned by munic- 
 ipality. 60 L.R.A. 851. 
 
 Taxation of water company belonging to 
 municipality. 1 L.R.A. (N.S.) 766. 
 
 Taxation of waterworks property located in 
 one state or municipality but belonging 
 to another. 50 L.R.A.(N.S.) 243. 
 
 Effect of fact that income is derived from 
 waterworks. L.R.A.1915A, 1118. 
 
 3. Corporations and corporate prop- 
 erty. 
 
 33. Generally. 
 
 Double taxation of, see supra. 11. 
 
 Where taxable, see infra, 45, 46. 
 
 Tax on transfers of corporate stock, see 
 
 infra, 107. 
 Corporate taxation and the commerce 
 
 clause, see COMMERCE, 21. 
 Taxation of express companies, see EXPBES& 
 
 COMPANIES, 3. 
 Taxation of insurance companies and 
 
 policies, see INSURANCE, 4. 
 Tax on telegraph company, see TELEGRAPHS,. 
 
 8. 
 
 Corporations as persons under laws relat- 
 ing to taxation. 19 L.R.A. 224. 
 
 Taxation of easements of corporation in 
 streets as real estate. 1 L.R.A. (N.S.) 
 263. 
 
 Withdrawal or attempted withdrawal of 
 foreign corporation as affecting power 
 of state to effect a privilege tax. L.R.A. 
 1916C, 577. 
 
 Structure or improvement in street or high- 
 way used in connection with special 
 franchise as taxable element. L.R.A. 
 1916B, 1228. 
 
 34. Consolidated corporations. 
 
 Taxability of capital stock. 58 L.R.A. 523. 
 Taxation of consolidated corporations. 60 
 
 L.R.A. 101, 676. 
 
 Taxation of consolidated interstate corpo- 
 ration. 15 L.R.A. 85. 
 
 Liability for incorporation tax upon exten- 
 sion, reorganization, consolidation," 
 or merger of existing corporations. 
 47 L.R.A.(N.S.) 1066. 
 
 35. Taxation of corporate franchise. 
 
 In general. 57 L.R.A. 34. 
 
 Power and jurisdiction of a state to tax. 
 
 57 L.R.A. 34. 
 
 What are franchises. 57 L.R.A. 35. 
 Taxability of franchises. 57 L.R.A. 38. 
 Franchise taxes. 57 L.R.A. 48. 
 Organizations subject to franchise taxes. 57 
 
 L.R.A. 73. 
 Limitations on franchise taxation. 57 L.R.A. 
 
 93. 
 Valuation of franchises for the purposes of 
 
 taxation. 57 L.R.A. 98. 
 Administration and relief. 57 L.R.A. 104.
 
 1280 
 
 INDEX TO L.R.A. NOTES. 
 
 TAXES, II. e, 3 cont'd 
 
 What property is part of the franchise of 
 a corporation for purposes of taxation. 
 17 L.R.A. 92. 
 
 Tax on franchise of interstate telegraph 
 and telephone companies. 24 L.R.A. 162. 
 
 State taxation of property, franchises, or 
 processes of national bank. 45 L.R.A. 
 739. 
 
 Right to be a corporation as a franchise 
 within constitutional or statutory pro- 
 visions subjecting franchises to tax- 
 ation as property. 28 L.R.A. (N.S.) 
 255. 
 
 Franchise tax upon corporation in the hands 
 of receivers. L.R.A.1915E, 220. 
 
 Structure or improvement in street or high- 
 way used in connection with special 
 franchise as taxable element. L.R.A. 
 1916B, 1228. 
 
 Lease of its property as affecting liability 
 of foreign corporation to franchise tax 
 or tax upon privilege of doing business 
 within the state. L.R.A.1917D, 1073. 
 
 36. Taxation of capital stock. 
 
 In general. 58 L.R.A. 513. 
 
 What capital stock is, as a subject of tax- 
 ation. 58 L.R.A. 514. 
 
 Concerns taxable on capital stock. 58 L.R.A. 
 522. 
 
 Taxable elements and determining factors 
 in the taxation of capital stock. 
 58 L.R.A. 527. 
 
 Stockholders. 58 L.R.A. 577. 
 
 Deductions in taxation of shares of corpo- 
 rate stock in hands of shareholders. 
 L.R.A.1915C, 386. 
 
 Dividends. 58 L.R.A. 585. 
 
 Duty of corporations to collect taxes upon 
 their shart stock. 58 L.R.A. 588. 
 
 Double taxation. 58 L.R.A. 589. 
 
 Capital stock and corporate property. 58 
 L.R.A. 593; 15 L.R.A. (N.S.) 952. 
 
 Valuation. 58 L.R.A. 594. 
 
 Deduction. 58 L.R.A. 599 ; L.R.A.1915C, 
 380. 
 
 Exemption. 58 L.R.A. 603. 
 
 Limitations. 58 L,R.A. 605. 
 
 Statutory constructions. 58 L.R.A. 609. 
 
 Administration and relief. 58 L.R.A. 612. 
 
 Tax on capital stock of interstate telegraph 
 and telephone companies. 24 L.R.A. 
 162. 
 
 State taxation of shares of stock of national 
 bank. 45 L.R.A. 743. 
 
 When is capital of corporation invested in 
 real estate deemed "employed" within 
 statute taxing amount of capital stock 
 employed within state. 28 L.R.A. (N.S.) 
 371. 
 
 Taxation of stock returned to treasury of 
 corporation. 9 L.R.A.(N.S.) 885. 
 
 Shares of stock in building and loan 
 association as "credits" within taxing 
 statute. 38 L.R.A.(N.S.) 137. 
 
 37. Corporate taxation as affected 
 by contract clause in Federal Con- 
 stitution. 
 
 In general. 60 L.R.A. 33. 
 Controlling principles. 60 L.R.A. 37. 
 
 Begin 
 
 this ItooTe on every law question. 
 
 TAXES, II. e, 3 cont'd 
 
 Legislative and governmental powers. 60 
 
 L.R.A. 43. 
 
 Constitutional changes. 60 L.R.A. 49. 
 Incorporation and exemption acts. 60 L.R.A. 
 
 51. 
 Reserved right to alter, amend, and repeal. 
 
 60 L.R.A. 69. 
 
 Interpretations. 60 L.R.A. 75. 
 Transfers and survivals. 60 L.R.A. 99. 
 
 38. Taxation of manufacturing cor- 
 porations. 
 
 Generally. 58 L.R.A. 603; 64 L.R.A. 33. 
 
 Definitions. 64 L.R.A. 34. 
 
 Evolution of manufactured products. 64 
 L.R.A. 41. 
 
 Organization. 64 L.R.A. 52. 
 
 Operation. 64 L.R.A. 54. 
 
 Special industries. 64 L.R.A. 58. 
 
 Interpretation of laws. 64 L.R.A. 66. 
 
 Extension of exemption to addition to, or 
 enlargement of, manufacturing plant. 
 L.R.A.1916D, 112. 
 
 Electric company as manufacturing com- 
 pany for purposes of tax laws. 38 
 L.R.A. (N.S.) 907. 
 
 Modification of food products as manufac- 
 turing. L.R.A.1917A, 53. 
 
 39. Constitutional equality in rela- 
 tion to. 
 
 Generally. 60 L.R.A. 321. 
 
 Natural" justice. 60 L.R.A. 321. 
 
 Need of constitutional guards against in- 
 equality. 60 L.R.A. 323. 
 
 Absolute equality unattainable. 60 L.R.A. 
 324. 
 
 Constitutional provisions. 60 L.R.A. 325. 
 
 Inclusiveness ol equal rights, privileges, im- 
 munities, and protection of the laws. 
 60 L.R.A. 329. 
 
 Status of corporations. 60 L.R.A. 330. 
 
 Excises upon franchises, privileges, and oc- 
 cupations. 60 L.R.A. 333. 
 
 Classification. 60 L.R.A. 339. 
 
 Exposition and interpretation. 60 L.R.A. 
 351. 
 
 The conflict in Wisconsin. 60 L.R.A. 361. 
 
 Commutations and exemptions. 60 L.R.A. 
 363. 
 
 Double taxation. 60 L.R.A. 366. 
 
 Assessments at full value when valuations 
 generally are less. 60 L.R.A. 368. 
 
 Different methods of assessment and pro- 
 cedure. 60 L.R.A. 372. 
 
 Miscellaneous. 60 L.ll.A. 374. 
 
 Requirement of equality and uniformity in 
 assessments for public improvements by 
 front-foot rule. 28 L.R.A.(N.S.) 1135; 
 L.R.A.1917D, 375. 
 
 Requirement as to equality in state taxation 
 of shares of stock of national banks. 
 45 L.R.A. 744. 
 
 Discrimination against shareholders in na- 
 tional banks, in assessing their shares. 
 10 L.R.A.(N.S.) 947.
 
 INDEX TO L.R.A. NOTES. 
 
 1281 
 
 TAXES cont'd 
 
 ///. Where taxable; situs of property. 
 
 40. Generally. 
 
 Place of taxation of partnership property. 
 
 22 L.R.A. 477; 3 B. R. C. 793. 
 Place of taxation of property of estate. 20 
 
 L.R.A. 153. 
 
 Situs of mill site or water power for pur- 
 poses of taxation. L.R.A.1917F, 591. 
 Taxation of water power on interstate 
 
 stream. 18 L.R.A. (N.S.) 755. 
 Location of street franchise for purposes of 
 
 taxation. 5 L.R.A. (N.S.) 174. 
 Situs, as between different states or coun- 
 tries, of personal property for 
 purposes of property taxation. 
 L.R.A.1915C, 003. 
 
 Personal property held by testamentary 
 trustees or by executor or ad- 
 ministrator. L.R.A.1915C, 949. 
 Personal property having a situs for tax- 
 ation elsewhere, as subject of tax- 
 ation in the state of the owner's 
 domicil. 36 L'.R.A. (N.S.) 295. 
 Poll taxes. 29 L.R.A. 410. 
 Domicil or residence for taxation as af- 
 fected by purpose to obtain school facil- 
 ities. L.R.A.1917A, 290. 
 
 41. Debts generally. 
 
 Debts evidenced by notes and mortgages, 
 see infra, 47. 
 
 When debt may have situs for the purpose 
 of taxation apart from domicil of cred- 
 itor. 2 L.R.A. (N.S.) 637; 14 L.R.A. 
 (N.S.) 493. 
 
 42. Property of, or debts due, non- 
 residents. 
 
 Tax on property of nonresident, see supra, 
 
 17. 
 Succession tax on estate of nonresident, see 
 
 infra, 100. 
 
 Taxation of mortgage given to nonresident. 
 
 1C L.R.A. 60. 
 Taxation of shares of stock owned by. 58 
 
 L.R.A. 580. 
 
 Local situs within the state of tangible per- 
 sonal property of nonresident for the 
 purposes of local taxation. 7 L.R.A. 
 (N.S.) 704. 
 
 Bank deposit to credit of nonresident of the 
 state as subject of local property tax- 
 ation. 26 L.R.A. (N.S.) 1120. 
 Situs as between different states or coun- 
 tries of personal propertv of non- 
 residents. L.R.A.1915C, 903. 
 Property held by testamentary trustees 
 or by executor or administrator. 
 L.R.A.1915C, 949. 
 
 43. Property in transit. 
 
 When transit commencing in another state 
 deemed terminated or definitely inter- 
 rupted so as to render goods liable to 
 local taxation. 2 L.R.A. (N.S.) 662. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TAXES, III. cont'd 
 
 When do logs intended for exportation pass 
 
 beyond state's power of taxation. 13 
 
 L.R.A.(N.S.) 800. 
 
 44. Bridge over boundary river. 
 
 Jurisdiction as to taxation of bridge over 
 river forming boundary of a statfe 
 or its divisions. 29 L.R.A. 6!). 
 Taxation of franchise of bridge company 
 whose structure spans a navigable 
 stream between two states. 57 L.R.A. 
 56. 
 
 45. Corporate property. 
 
 Taxation of capital stock of corporation, 
 whose propertv is out of state bounds. 
 58 L.R.A. 529*. 
 
 Taxation of shares of stock owned by non- 
 residents. 58 L.R.A. 580. 
 
 Situs as between different states of shares 
 of corporate stock for purpose of prop- 
 erty taxation. L.R.A.1915C, 942. 
 
 Where state tax on national bank is to be 
 assessed. 45 L.R.A. 759. 
 
 Situs of railroad rolling-stock for purpose of 
 taxation. 69 L.R.A. 445. 
 
 Designation of home office by corporation 
 as fixing situs for purposes of taxation. 
 L.R.A.1917A, 469. 
 
 46. Situs, for taxation, of tangible 
 personal property of domestic cor- 
 poration. 
 
 In general. 69 L.R.A. 431. 
 
 Essentials of jurisdiction. 69 L.R.A. 432. 
 
 Localization of corporations. 69 L.R.A. 433. 
 
 Principal office as domicil. 69 L.R.A. 433. 
 
 Effect of certificate of incorporation on the 
 question of domicil. 69 L.R.A. 437. 
 
 Legislative power to fix the situs of prop- 
 erty for taxation. 69 L.R.A. 441. 
 
 Personal property physically present in the 
 taxing jurisdiction. 69 L.R.A. 442. 
 
 Tangible property outside the state. 69 
 L.R.A. 443. 
 
 Particular classes of property. 69 LJl.A. 
 445. 
 
 47. Situs for taxation of debts evi- 
 denced by notes and mortgages. 
 
 In general. 16 L.R.A. 729. 
 
 Mortgages. 16 L.R.A. 60, 730. 
 
 Notes. 2 L.R.A. 801;* 16 L.R.A. 730. 
 
 When held by agent residing in different 
 state from principal. 16 L.R.A. 731. 
 
 Situs as between different states or coun- 
 tries of debt secured by mortgage for 
 purposes of property taxation. L.R.A. 
 1915C, 939. 
 
 48. Place of taxation of trust prop- 
 erty. 
 
 Generally. 20 L.R.A. 151. 
 
 Who are trustees within the rule. 20 L.R.A. 
 
 152. 
 
 In case of several trustees. 20 L.R.A. 152. 
 Executors and administrators. 20 L.R.A. 
 
 153. 
 81
 
 1282 
 
 IXDEX TO L.R.A. NOTES. 
 
 TAXES, III. cont'd 
 
 Taxes on infant's property. 20 L.R.A. 155. 
 
 Lunatics' property. 20 L.R.A. 155. 
 
 Situs as between different states or coun- 
 tries of personal property held by 
 testamentary trustees for purposes of 
 property taxation. L.R.A.1915C, 949. 
 
 
 
 49. Where ships and boats are tax- 
 able. 
 
 Generally. 37 L.R.A. 518.; 69 L.R.A. 447; 
 
 29 L.R.A.(N.S.) 105. 
 Different jurisdictions within the same 
 
 state. 37 L.R.A. 518. 
 Vessels away merely on a voyage. 37 L.R.A. 
 
 519. 
 
 Vessels away indefinitely. 37 L.R.A. 519. 
 What is home port. 37 L.R.A. 520; 2 L.R.A. 
 
 (N.S.) 197, 1196. 
 
 IV. Assessment and levy; enforcement; 
 collection. 
 
 a. In general. 
 
 50. Generally. 
 
 Poll taxes. 29 L.R.A. 412. 
 
 Implied right to interest on taxes or assess- 
 ment. 6 L.R.A. (N.S.) 694. 
 
 Presumption as to time of alteration in 
 tax bill. 39 L.R.A.(N.S.) 114. 
 
 52. Failure to file list. 
 
 Validity of statute subjecting to the doom 
 of the assessor a taxpayer who fails to 
 furnish a list of his property. 24 
 L.R.A.(N.S.) 388. 
 
 b. Assessment. 
 J. In general. 
 
 53. Generally. 
 
 Of succession tax, see infra, 101. 
 
 Assessment or nonassessment of property 
 as affecting its dedication or acceptance 
 fof public use. L.R.A.1916B, 1175. 
 
 What notice is necessary to due process of 
 law in tax proceedings. L.R.A.1916E, 5. 
 
 Delegation of power of taxation to board of 
 equalization. 15 L.R.A.(N.S.) 66. 
 
 Method of assessing state tax on national 
 bank. 45 L.R.A. 758. 
 
 Practice and procedure of assessors in tax- 
 ing capital stock of corporation. 58 
 L.R.A. 612. 
 
 Different methods of assessment and proce- 
 dure in taxation of corporations. 60 
 L.R.A. 372. 
 
 Power to compel production of corporate 
 books to aid in assessing holder of 
 stock or his estate. 8 L.R.A. (N.S.) 
 788. 
 
 Computation of taxes upon insurance premi- 
 ums. L.R.A.1918D, 958. 
 
 Begin with this book on every law question. 
 
 TAXES, IV. b, 1 cont'd 
 53a. Assessment of land owned by 
 cotenants in undivided interests. 
 
 Form of assessment where land is owned by 
 cotenants in undivided interests. 
 50 L.R.A. (N.S.) 402. 
 
 54. Assessment of property of de- 
 cedent's estate. 
 
 In general. 56 L.R.A. 634; 50 L.R.A. (N.S.) 
 
 407. 
 Assessment to decedent. 56 L.R.A. 634; 50 
 
 L.R.A.(N.S.) 407. 
 Assessment to "estate of" decedent. 56 
 
 L.R.A. 636; 50 L.R.A. (N.S.) 409. 
 Assessment to heirs or devisees, next of kin 
 
 or legatees. 56 L.R.A. 645; 50 L.R.A. 
 
 (N.S.) 410. 
 Assessment to executors or administrators, 
 
 56 L.R.A. 647; 50 L.R.A. (N.S.) 411. 
 What notice is necessary to due process oi 
 
 law. L.R.A.1916E, 56. 
 
 54a. omitted property. 
 
 Assessment after death of owner, of taxea 
 omitted during his lifetime. 40 L.R.A. 
 (N.S.) 927. 
 
 55. Time for. 
 
 First and last days in computing time for 
 assessment. 49 L.R.A, 236; 15 L.R.A. 
 (N.S.) 691. 
 
 2. Valuation. 
 
 56. Generally. 
 
 For purpose of succession tax, see infra, 
 102. 
 
 Mandamus at instance of creditor to compel 
 raising of tax assessment to the full 
 value of the property. L.R.A.1918B, 
 1107. 
 
 Valuation of capital stock for purpose of 
 taxation. 58 L.R.A. 594. 
 
 Method of fixing values of national bank 
 shares. 45 L.R.A. 756. 
 
 Valuation of corporate franchise for pur- 
 pose of taxation. 57 L.R.A. 98. 
 
 Assessments of corporations at full value 
 when valuations generally are less. 60 
 L.R.A. 368. 
 
 Consideration of earnings or income in de- 
 termining the value of property for 
 purposes of taxation. L.R.A.1916C, 
 529. 
 
 57. deductions. 
 
 In computing succession tax, see infra, 
 103. 
 
 Set-off for debts in assessment of partner- 
 ship property. 22 L.R.A. 477. 
 
 Corporate indebtedness as element in fixing 
 value of capital stock for taxation. 58 
 L.R.A. 577. 
 
 In valuation of capital stock for purpose of 
 taxation. 58 L.R.A. 594; L.R.A.1935C, 
 380. 
 
 Deductions in taxation of shares of corpo- 
 rate stock in hands of shareholders.- 
 L.R.A.1915C, 386. 

 
 INDEX TO L.K.A. NOTES. 
 
 1283 
 
 TAXES, IV. b, 2 cont'd 
 Deduction of indebtedness in state taxation 
 of shares of national bank stock. 
 45 L.R.A. 751. 
 
 Deduction for investment in real estate and 
 other property in state taxation of 
 shares of national bank stock. 45 
 L.R.A. 757. 
 
 Constitutionality of provision for deduction 
 of debts from credits or other property. 
 23 L.R.A. 278. 
 
 Constitutionality of statute which allows a 
 deduction of only the assessed value of 
 the real estate in assessing the capital 
 stock of a corporation. 30 L.R.A. (N. 
 S.) 704. 
 
 58. as of what time. 
 
 As of what .time is the assessed valuation 
 to be taken for purposes of determining 
 the debt limit of a state or municipal- 
 ity. 28 L.R.A. (N.S.) 149. 
 
 c. Reassessment. 
 
 59. Generally. 
 
 Reassessment. 6 L.R.A. 802.* 
 
 c. Review, correction,- equalization; ap- 
 peal. 
 
 % 59b. Board of equalization. 
 
 Parol evidence to vary or supplement min- 
 utes of. 50 L.R.A. (N.S.) 99. 
 
 Delegation of power of taxation to board of 
 equalization or revision. 15 L.R.A. 
 
 (N.S.) 66. 
 
 59c. Appeal. 
 
 Effect of right to appeal to supply defects 
 in notice in tax proceedings. L.R.A. 
 1916E, 21. 
 
 Power of legislature to permit appeal to 
 court for purpose of reviewing the 
 amount of tax assessment. L.R.A. 
 1915B, 875. 
 
 d. Tax officers. 
 
 60. Generally. 
 
 Board of equalization, see supra, 59b. 
 Effect of officer's acts and negligence on 
 right of redemption, see infra, 83. 
 
 Parol evidence to vary or supplement rec- 
 ords of. 50 L.R.A. (N.S.) 99. 
 
 Liability of tax officers or their bond for 
 failure of tax purchaser's title on ac- 
 count of irregularities in procedure. 
 41 L.R.A. (N.S.) 967. 
 
 Liability of taxing officer to individual for 
 nonfeasance, misfeasance, or mal- 
 feasance. 51 L.R.A. (N.S.) 137. 
 
 Liability of municipality for wrongful pro- 
 ceedings instituted by its officers to col- 
 lect taxes. 32 L.R.A. (N.S.) 37. 
 
 61. Tax collectors. 
 
 Effect of insertion of unauthorized provi- 
 sions in bond of. L.R.A. 1917B, 990. 
 
 Tax collectors as public officers. 17 L.R.A. 
 247. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TAXES, IV. d cont'd 
 
 Priority of claim for taxes against assets of 
 collectors. 29 L.R.A. 279. 
 
 Equity jurisdiction of suit against tax col- 
 lector who is in default. 43 L.R.A. 
 (N.S.) 604. 
 
 Liability of tax collector to individual for 
 nonfeasance, misfeasance, or malfea- 
 sance. 51 L.R.A. (N.S.) 146. 
 
 Right of sureties of tax collector who have 
 made good a loss occasioned by their 
 principal's misconduct or default to be 
 subrogated to rights of obligee or bene- 
 ficiary of the bond against a third per- 
 son. 14 L.R.A.(N.S.) 155; 46 L.R.A. 
 (N.S.) 557. 
 
 e. Who liable for tax; to \vhom taxable. 
 
 62. Generally. 
 
 Who subject to succession tax, see infra, 
 
 99; 100. 
 Liability of life tenant, see DOWEB, 21; 
 
 LIFE TENANTS, 10. 
 As between mortgagor and mortgagee, see 
 
 MORTGAGE, 32. 
 
 Name in which partnership property should 
 be assessed. 22 L.R.A. 478. 
 
 To whom are improvements removable by 
 tenant at expiration of term taxable. 
 37 L.R.A.(N.S.) 1166. 
 
 Right to enforce tax against nonresident 
 stockholder of corporation. 33 L.R.A. 
 (N.S.) 907. 
 
 Is purchaser of real property under execu- 
 tory contract the owner thereof for pur- 
 poses of taxation. 24 L.R.A.(N.S.) 
 1300. 
 
 Who is responsible for taites on improve- 
 ments removable by tenant at end of 
 term. 32 L.R.A. (N.S.) 368. 
 
 Reservation of right of re-entry as affecting 
 liability on covenant to pay taxes 42 
 L.R.A. (N.S.) 1088. 
 
 Liability of liquor dealer's bond for taxes 
 and returns. L.R.A.1916E, 277. 
 
 Who responsible as between vendor and 
 vendee for taxes accruing after sale but 
 before title perfected in purchaser. 43 
 L.R.A.(N.S.) 51. 
 
 Taxation of land under perpetual lease or 
 ground rent. 46 L.R.A. (N.S.) 284. 
 
 63. Poll taxes. 
 
 Upon whom poll tax imposed. 29 L.R.A. 
 
 409. 
 Legislative power to compel employer to 
 
 pay employee's poll tax. 9 L.R.A. (N. 
 
 S.) 306. 
 
 /. Payment; tender. 
 
 64. Generally. 
 
 Right to recover back taxes, paid, see infra, 
 86, 87. 
 
 Payment of succession tax, see infra, 104. 
 
 Covenant in lease as to payment of, SCO- 
 LANDLORD AND TENANT, 18a. 
 
 Foreclosure of mortgage on default in pay- 
 ment of, see MORTGAGE, 65.
 
 12S4 
 
 INDEX TO L.R.A. NOTES. 
 
 TAXES, IV. f confd 
 Subrogation of person paying, to rights o: 
 public, see SUBROGATION, 8. 
 
 Mandatory injunction to compel reception 
 of coupons for taxes. 20 L.R.A. 167 
 
 Necessity of immediate payment on a tax 
 sale. 33 L.R.A. 481. 
 
 Payment of, as a qualification of grand ju- 
 ror. 28 L.R.A. 198. 
 
 Payment of poll taxes as qualification of 
 electors. 29 L.R.A. 414. 
 
 Payment of, by mortgagee, tacking to mort- 
 * gage debt. 5 L.R.A. 293. 
 
 Tender of tax prevented by officer. 20 
 L.R.A. 489. 
 
 Effect of tender of. 20 L.R.A. 491. 
 
 Payment of tax due as condition of injunc- 
 tion against collection of illegal taxes. 
 22 L.R.A. 703. 
 
 Provision in lease of public property as to 
 payment of taxes. L.R.A. 1915C, 698. 
 
 Repudiating cotenancy as affecting coten- 
 ant's right to contribution or indemnity 
 for taxes paid. L.R.A.1915B, 971. 
 
 Right of mortgagor or owner of equity of 
 redemption to contest validity of tax 
 paid by mortgagee. L.R.A. 1915D, 432. 
 
 Presumption of payment from lapse of time. 
 L.R.A.1916B, 739. 
 
 Presumption as to time of alteration in tax 
 receipt. 39 L.R.A. (N.S.) 110. 
 
 65. By life tenant. 
 
 See LIFE TENANT, 10. 
 
 g. Relief from. 
 
 66. Generally. ' 
 
 Injunction agauist, see INJUNCTION, 63. 
 
 Remedies with respect to state taxation of 
 national banks. 45 L.R.A. 763. 
 
 Power of legislature to permit appeal to 
 court for purpose of reviewing the 
 amount of a tax assessment. 13 L.R.A. 
 (N.S.) 716; L.R.A.1915B, 875. 
 
 Equitable relief against forfeiture of estate 
 for nonpayment of taxes. 69 L.R.A. 
 848. 
 
 07. In case of taxation of capital 
 stock. 
 
 Administration and relief in case of taxa- 
 tion of capital stock. 58 L.R.A. 
 612. 
 
 h. Enforcement and collection gener- 
 ally. 
 
 68. Generally. 
 
 Injunction against, see INJUNCTION, 63. 
 
 What notice is necessary to due process of 
 
 law in tax proceedings. L.R.A.1916E, 5. 
 Enforcement of tax on municipal water 
 
 works. 60 L.R.A. 855. 
 Duty -of corporations to collect taxes upon 
 
 their share stock. 58 L.R.A. 588. 
 First and last days in computing time for. 
 
 49 L.R.A. 236. 
 Imprisonment for nonpavment. 34 L.R.A. 
 
 654; L.R.A.1915B, 648. 
 
 Begin ivith this fcoofc on every law question. 
 
 TAXES, IV. h cont'd 
 
 Effect of property being in custodia legis on 
 right to enforce payment of delinquent 
 taxes. 17 L.R.A. (N.S.) 465. 
 
 Authority of county to employ tax ferret. 
 4 L.R.A. (N.S.) 339; 38 L.R.A. (N.S.) 
 261. 
 
 Liability of municipality for wrongful pro- 
 ceedings instituted by its officers to col- 
 lect taxes. 32 L.R.A. (N.S.) 37. 
 
 Right of set-off or counterclaim in taxation 
 cases. 33 L.R.A. (N.S.) 382. 
 
 Unconstitutionally of statute as defense 
 against mandamus to compel enforce- 
 ment of tax. 47 L.R.A. 514. 
 
 Presumption as to time of alteration in tax 
 execution. 39 L.R.A. (N.S.) 114. 
 
 69. Enforcement by action. 
 
 Who is real party in interest by whom ac- 
 tion for enforcement must be brought. 
 64 L.R.A. 619. 
 
 Personal action to recover tax on propertv. 
 41 L.R.A.(N.S.) 730. 
 
 Validity and effect of judgment against 
 parties designated as unknown. L.R.A. 
 1918F, 609.' 
 
 70. Effect of omission of statement 
 that owner is unknown in proceed- 
 ing in rein to enforce. 
 
 Omission in assessment roll. 36 L.R.A. (N. 
 S.) 1060. 
 
 Omission in petition for tax foreclosure 
 proceedings. 36 L.R.A. (N.S.) 1064. 
 
 Omission of affidavit for service by publica- 
 tion. 36 L.R.A. (N.S.) 1064. 
 
 Omission in notice of sale. 36 L.R.A. ' N.S.) 
 1065. 
 
 Variance between deed and certificate of 
 sale as to statement that owners are 
 unknown. 36 L.R.A. (N.S.) 1066. 
 
 71. Attorneys' fees. 
 
 Validity of statutory provision for attor- 
 neys' fees in proceedings involving col- 
 lections of taxes or special assessments. 
 28 L.R.A.(N.S.) 1062. 
 
 . Sale for nonpayment; tax certificate 
 or deed; tax titles. 
 
 } 72. Generally. 
 
 Effect of, on dower right, see DOWEB, 13. 
 injunction against, see INJUNCTION, 63. 
 imitation of action as to tax sale, see LIM- 
 ITATION OF ACTIONS, 43, 57. 
 
 Where tax sales to be made. 33 L.R.A. 96. 
 
 Necessity of immediate payment on tax sale. 
 33 L.R.A. 481. 
 
 Remedy of remainderman when sale af- 
 fects his estate. 33 L.R.A. 695. 
 
 Tax sale of land held adversely. 35 L.R.A. 
 
 (N.S.) 743. 
 Effect of omission of statement that owner 
 is unknown in petition for tax fore- 
 closure proceedings. $6 L.R.A.(N.S.) 
 1064. 
 
 73. Notice of sale. 
 
 Effect of omission of statement that owner 
 is unknown in notice of sale. 36 L.R.A. 
 (N.S.) 1065.
 
 INDEX TO L.R.A. NOTES. 
 
 1285 
 
 TAXES, IV. i cont'd 
 
 74. Who may purchase. 
 
 Validity and effect of purchase of tax title 
 by mortgagee. L.R.A.1917D, 522. 
 
 Right of cotenant to purchase in his own 
 right at a sale for taxes assessed 
 against the person from whom the co- 
 tenants derived title. 19 L.R.A.(N.S.) 
 591. 
 
 Right of vendee to acquire tax title ad- 
 versely to vendor. 46 L.R.A. (N.S.) 
 209. 
 
 Right of tenant to acquire tax title. 53 
 L.R.A. 939; L.R.A. 1916F, 206. 
 
 Lessee as purchaser at sale for nonpayment 
 of taxes or assessments Avhich he has 
 covenanted to pay. L.R.A.1915A, 353. 
 
 Right of wife to secure husband's property 
 at tax sale. 9 L.R.A. (N.S.) 674. 
 
 Effect of purchase of tax title by remainder- 
 man in expectancy. L.R.A.1015E, 344. 
 
 Effect of purchase at tax sale by or in the 
 interest of mortgagor, guarantor of 
 mortgage indebtedness, or purchaser of 
 equity of redemption. 16 L.R.A. (N.S.) 
 121; "52 L.R.A. (N.S.) 877. 
 
 75. Validity of sale. 
 
 Validity of tax sales where nonpayment is 
 due to mistake or negligence of the tax 
 officers. 20 L.R.A. 487; L.R.A.1915C, 
 158. 
 
 Statute limiting time for attack on tax sale, 
 or creating a conclusive presumption as 
 to its validity as applied to a sale un- 
 der proceedings, void for jurisdictional 
 defects, under which possession has not 
 been taken. 8 L.R.A. (N.S.) 157. 
 
 76. Effect of sale. 
 
 Tax sale as cutting off easement. L.R.A. 
 1915D, 1115. 
 
 Effect of tax sale upon inchoate right of 
 dower. 24 L.R.A. (N.S.) 1294. 
 
 Effect of tax sale to create relation of land- 
 lord and tenant between purchaser and 
 prior lessee. 6 L.R.A. (N.S.) 260. 
 
 Effect of void proceedings under which real 
 estate is sold to start limitations run- 
 ning in favor of purchaser in posses- 
 sion. 8 L.R.A. (N.S.) 356. 
 
 77. during existence of life es- 
 tate. 
 
 Effect of tax sale on land held by life ten- 
 ant. 32 L.R.A. 805. 
 
 The effect on estates in reversion or re- 
 mainder of a tax sale during the 
 existence of a life estate. 33 
 L.R.A. 688. 
 
 78. Rights and remedies of pur- 
 chaser. 
 
 License tax on purchasers of tax titles. 47 
 
 L.R.A. (N.S.) 1078. 
 Right of purchaser at tax sale to compel 
 
 issuance of new deed where original 
 
 deed is defective or invalid. 50 L.R.A. 
 
 (X.S.) 316. 
 Consult also L.R.A. Digests of Cases. 
 
 TAXES, IV. i cont'd 
 
 79. right to reimbursement. 
 
 Right of purchaser at invalid tax sale, in 
 absence of statute, to be reim- 
 bursed by taxing authority for the 
 purchase price, or for taxes subse- 
 quently paid by him. 31 L.R.A. 
 . (N.S.) 1141. 
 
 Right of one holding under invalid tax deed 
 to be reimbursed for improvements. 
 34 L.R.A.(N.S.) 549. 
 
 Reimbursement of taxes paid by purchaser, 
 as condition of equitable relief 
 against invalid tax title. L.R.A. 
 1915C, 492. 
 
 80. Tax certificate. 
 
 As color of title, see ADVERSE POSSESSION, 
 16. 
 
 Change of law as to effect of tax certificates 
 as evidence of title. 4 L.R.A. (N.S.) 
 1074. 
 
 Is possession under tax certificate during re- 
 demption period adverse. 13 L.R.A. (N. 
 S.) 627. 
 
 Liability of public body for tax certificates 
 stolen from it. 39 L.R.A.(N.S.) 444. 
 
 81. Tax deed. 
 
 As color of title, see ADVERSE POSSESSION, 
 17. 
 
 Improvements by one holding under, see IM- 
 PROVEMENTS, 14. 
 
 Substitute conveyances. 44 L.R.A. (N.S.) 
 852. 
 
 Execution of tax deed in name of deputv. 
 19 L.R.A. 179. 
 
 Right of holder of tax deed to take posses- 
 sion. 28 L.R.A.(N.S.) 398. 
 
 Judgment dismissing bill to set aside tax 
 deed as a cloud on title as res judicata. 
 in action under tax deed to recover pos- 
 session of property. 25 L.R.A. (N.S.) 
 1011. 
 
 Statutory limitation of time for relief 
 against tax deed as affecting right to 
 set up invalidity of tax title as de- 
 fense. 46 L.R.A. (N.S.) 1065. 
 
 Right of purchaser at tax sale to compel 
 issuance of new deed where orig- 
 inal deed is defective or invalid. 
 50 L.R.A. (N.S.) 316. 
 
 Does a void tax deed set in motion special 
 statutes of limitation governing ac- 
 tions to recover lands sold for taxes. 
 27 L.R.A.(N.S.) 339. 
 
 Effect upon special' statute of limitations 
 which begins to run from time actual 
 possession is taken under tax deed of 
 fact that such deed -was void or irregu- 
 lar. 23 L.R.A.(N.S.) 1102. 
 
 Presumption as to time of alteration in tax 
 deed. 39 L.R.A. (N.S.) 100, 115. 
 
 8 la. Tax titles. 
 
 Statutory limitation of time for relief 
 against tax deed as affecting right to 
 set up invalidity of tax title as defense. 
 46 L.R.A. (N.S.) 1065.
 
 1286 
 
 INDEX TO L.R.A. NOTES. 
 
 TAXES, IV. i cont'd 
 
 Reimbursement of taxes paid by purchaser 
 
 as condition of equitable relief against 
 
 invalid tax title. L.R.A.1915C, 492. 
 Marketability of tax title. 38 L.R.A. (N.S.) 
 
 26. 
 Right of one in possession under invalid 
 
 foreclosure sale to acquire a tax title. 
 
 38 L.R.A,(N.S.) 333. 
 
 j. Redemption. 
 
 82. Generally. 
 
 Effect of tender of redemption money. 20 
 L.R.A. 491. 
 
 83. Effect of officer's acts or negli- 
 gence. 
 
 Tender of redemption money prevented by 
 officer. 20 L.R.A. 489. 
 
 84. Time for. 
 
 First and last days in computing time for. 
 49 L.R.A. 237. 
 
 85. Notice of. 
 
 Who entitled to notice to redeem from tax 
 sale. 44 L.R.A. (N.S.) 660. 
 
 Applicability to past sales of statute elim- 
 inating notice of expiration of redemp- 
 tion period required by previous stat- 
 ute, or requiring such notice when none 
 was before required. 10 L.R.A. (N.S.) 
 818. 
 
 fc. Recovering taxes paid. 
 
 % 86. Generally. 
 
 Right of purchaser at tax sale to reimburse- 
 ment for taxes paid, see supra, 79. 
 
 Right to recover back tax voluntarily re- 
 ' funded. 45 L.R.A.(N.S.) 753. 
 
 What notice is necessary to due process of 
 law. L.R.A.1916E, ~5. 
 
 Recovery back of taxes paid on capital 
 stock of corporation. 58 L.R.A. 616. 
 
 Claim against state for illegal taxes paid. 
 42 L.R.A. 69. 
 
 Right of one who pays invalid tax for pur- 
 pose of obtaining discount to recover 
 amount paid. 28 L.R.A. (N.S.) 1045; 
 41 L.R.A. (N.S.) 175. 
 
 Right to resort to court to recover taxes 
 paid on erroneous or excessive assess- 
 ments without previous resort to statu- 
 tory remedies. 16 L.R.A. (N.S.) 685. 
 
 Right of purchaser of property to recover 
 the amount he has paid to relieve land 
 from tax lien, from one who should 
 have paid the same, but with whom he 
 had no contractual relationship. 22 
 L.R.A. (N.S.) 562. 
 
 Right to recover money paid for illegal 
 taxes after it has been disbursed, paid 
 over, or distributed. 11 L.R.A. (N.S.) 
 1104. 
 
 Necessity and sufficiency of statement of 
 grounds in notice of protest required as 
 condition of recovering back payment 
 of an unlawful tax. 36 L.R.A. (N.S.) 
 476. 
 
 Begin witli this ItooTe on every loir question. 
 
 TAXES, IV. k cont'd 
 87. Prerequisites to. 
 
 Claim for refund of taxes as within statute 
 or ordinance requiring notice or presen- 
 tation of claim as a condition of mu- 
 nicipal liability. 50 L.R.A. (N.S.) 181. 
 Necessity and sufficiency of statement of 
 grounds in notice of protest re- 
 quired as condition of recovering 
 back payment of an unlawful tax. 
 36 L.R.A.(N.S.) 476. 
 
 F. Lien; priorities. 
 
 88. Generally. 
 
 Subrogation to tax lien, see SUBBOGATION, 
 
 8. 
 
 Acquisition of property by the public as af- 
 fecting previously existent tax lien. 48 
 L.R.A.(N.S.) 710. 
 
 When taxes become a lien on land. i5 
 L.R.A. 236. 
 
 Constitutionality of statute making a li- 
 cense, occupation, or privilege tax a 
 lien on real property owned by one 
 other than the person assessed. 20 
 L.R.A. (N.S.) 42. 
 
 Effect of lien on marketability of title. 38 
 L.R.A.(N.S.) 32. 
 
 89. Priority. 
 
 Superiority of lien for special assessments 
 
 over lien for taxes. 30 L.R.A. (N.S.) 
 
 768. 
 
 Effect of acquisition of title by eminent do- 
 main to cut off tax liens. 21 L.R.A. 
 
 (N.S.) 68. 
 Priority of claim for, against property in 
 
 hands of receiver. 2 L.R.A. (N.S.) 
 
 1052, 1060,. 1069. 
 Preference of, in distribution of assets of 
 
 insolvent insurance company. 38 
 
 L.R.A. 107. 
 
 Priority of claims for taxes against the 
 assets of a debtor. 29 L.R.A. 249, 
 278. 
 Priority as between taxes and costs and 
 
 fees in bankruptcy. 31 L.R.A. (N.S.) 
 
 988. 
 
 Priority of lien for personal taxes over pre- 
 existing liens on property of the 
 taxpayer. L.R.A.1915D, 886. 
 
 VI. Succession tax. 
 a. In general. 
 
 90. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 155. 
 
 General and special legislation as to, see 
 STATUTES, 18. 
 
 Repeal of statute imposing succession tax, 
 as affecting estate of one who died be- 
 fore the repealing act took effect. 8 
 L.R.A. (N.S.) 1210. 
 
 91. Xature of. 
 
 Nature of inheritance tax. 2 L.R.A. 825;* 
 33 L.R.A. (N.S.) 606.
 
 INDEX TO L.R.A. NOTES. 
 
 1287 
 
 TAXES, VI. a cont'd 
 
 92. Power to impose. 
 
 Power to impose succession tax retrospec- 
 tively. 8 L.R.A. (N.S.) 1180. 
 
 Is the right to take property by will or 
 inheritance a natural or statutory 
 right. 9 L.R.A. (N.S.) 121. 
 
 93. Uniformity; equality; discrim- 
 ination. 
 
 "Uniformity of tax or fee as condition of 
 probate. 50 L.R.A. (N.S.) 997. 
 
 Uniformity and equality of succession taxes. 
 33 L.R.A. (N.S.) 592; 50 L.R.A. (N.S.) 
 992. 
 
 Validity of discrimination against aliens 
 by inheritance tax law as affected by 
 treaty with foreign government. 33 
 L.R.A. (N.S.) 632; L.R.A.1916A, 474. 
 
 94. double taxation. 
 
 Exacting succession tax in two or more 
 states as double taxation. 15 L.R.A. 
 (N.S.) 150. 
 
 Effect of statutes designed to prevent lap- 
 sing of testamentary provisions upon 
 deatli of beneficiary in testator's life- 
 time to render the property bequeathed 
 twice liable to legacy or inheritance 
 tax. 5 B. R. C. 857. 
 
 Effect of statute to make provision pre- 
 served from lapse a part of the deceased 
 beneficiary's estate. 5 B. R. C. 857. 
 
 95. Exemptions, generally. 
 
 Exemption from liability to succession tax. 
 33 L.R.A.(N.S.) 595; 50 L.R.A.(N.S-) 
 992. 
 
 Applicability of general tax exemptions to 
 inheritance or succession taxes. 23 
 L.R.A. (N.S.) 1208; 48 L.R.A.(N.S.) 
 373; 1 B. R. C. 877. 
 
 Must property out of state be included in 
 fixing exemptions under inheritance tax. 
 39 L.R.A.(N.S.) 1024. 
 
 Effect on transfer tax of apportioning prop- 
 erty of nonresident decedent within the 
 state to payment of debts or legacies 
 which are exempt or subject to a re- 
 duced rate. 18 L.R.A. (N.S.) 946. 
 
 Hight of charitable, educational or religious 
 institutions to exemption from taxation 
 as affected by the geographical field of 
 operation. 51 L.R.A. (N.S.) 817. 
 
 "b. Property and transfers subject to, 
 or exempt from. 
 
 96. Generally. 
 
 Succession tax on dower, see DOWEB, 22. 
 Succession tax on mortgage, see MORTGAGE, 
 3. 
 
 Retrospective operation. 44 L.R.A. (N.S.) 
 
 419. 
 Doctrine of equitable conversion in relation 
 
 to succession tax. 1 L.R.A. (N.S.) 400; 
 
 19 L.R.A.(N.S.) 290. 
 ^Consult ali*o L.R.A. Digests of Cases. 
 
 TAXES, VI. b cont'd 
 
 Succession tax on gift in contemplation of 
 death. 18 L.R.A. (N.S.) 458; 46 L.R.A. 
 (N.S.) 790. 
 
 Applicability of succession tax to property 
 conveyed, or agreed to be conveyed, in 
 consideration of support of grantor dur- 
 ing his life. 18 L.R.A. (N.S.) 226; 52 
 L.R.A.(N.S.) 211. 
 
 Succession tax on dower, curtesy, statutory 
 homestead, or allowances. 29 L.R.A. 
 (N.S.) 428. 
 
 Succession tax upon provision in lieu of 
 dower. 33 L.R.A. (N.S.) 230; 45 L.R.A. 
 (N.S.) 228. 
 
 Succession tax upon property received by a 
 surviving spouse. L.R.A.1916C, 
 675. 
 
 Succession tax upon death of one tenant of 
 estate held by entireties. L.R.A.1916C, 
 678. 
 
 Liability of community property to succes- 
 sion tax. 20 L.R.A. (N.S.) 208; 39 
 L.R.A.(N.S.) 1107. 
 
 Succession tax upon death of one joint 
 tenant. L.R.A.1916C, 682. 
 
 Bequest or devise in payment for services, 
 etc., rendered testator, as subject to 
 succession tax. L.R.A.1916C, 555. 
 
 Is money set aside under will, or otherwise, 
 for purposes of caring for grave, erec- 
 tion of tomb or monument, subject to 
 inheritance tax. 23 L.R.A. (N.S.') 474; 
 L.R.A.1918A, 767. 
 
 Inheritance or succession tax on money or 
 property of estate, which has been lost 
 or misappropriated since decedent's 
 deatli. 32 L.R.A. (N.S.) 1167. 
 
 Succession or inheritance tax on interest of 
 pledgeor or pledgee. L.R.A. 19 17F, 278. 
 
 Inheritance tax on proceeds of life insur- 
 ance. L.R.A.1917D, 636. 
 
 97. Applicability of general tax ex- 
 emptions to succession taxes. 
 
 Applicability of general tax exemptions to 
 inheritance or succession taxes. 23 
 L.R.A.(N.S.) 1208; 48 L.R.A.(N.S.) 
 373; 1 B. R. C. 877. 
 
 98. On property covered by power 
 of appointment. 
 
 Taxability under donee's will. 33 L.R.A. 
 
 (N.S.) 236; L.R.A.1918D, 339. 
 Present taxability under donor's will. 33 
 
 L.R.A. (N.S.) 248; L.R.A.1918D, 343. 
 Power of appointment reserved by grantor. 
 
 33 L.R.A. (N.S.) 250; L.R.A.1918D, 343. 
 Miscellaneous cases. 33 L.R.A. ( N.S. ) 250; 
 
 L.R.A.1918D, 343. 
 
 98a. On conveyance to take effect 
 after grantor's death. 
 
 Succession tax upon gift in contemplation 
 of death. 46 L.R.A. (N.S.) 790. 
 
 Relative dates of statute and transfer. 38 
 L.R.A.(N.S.) 1141. 
 
 Manner of postponement of possession or 
 enjoyment. 38 L.R.A.(N.S.) 1141.
 
 1288 
 
 INDEX TO L.R.A. NOTES. 
 
 TAXES, VI. cont'd 
 
 c. Persons subject to, or exempt from. 
 
 99. Generally. 
 
 Adopted child as a "child" within inherit- 
 ance tax law. 30 L.R.A.(N.S.) 919; 
 L.R.A.1918F, 1084. 
 
 Exemption of bequest to government from. 
 23 L.R.A.(N.S.) 1209. 
 
 Right of charitable, educational or religious 
 institutions to exemption from taxation 
 as affected by the geographical field of 
 operation. 51 L.R.A. (N.S.) 817. 
 
 100. Nonresidents. 
 
 Liability of debt due from resident to non- 
 resident to succession tax. 4 L.R.A. 
 (N.S.) 953; L.R.A.1916A, 894. 
 
 Debt due to nonresident secured by mort- 
 gage upon land within the state as sub- 
 ject of inheritance tax. 9 L.R.A.(N.S.) 
 1104; 35 L.R.A.(N.S.) 784. 
 
 Liability of insurance policy issued by a do- 
 mestic corporation upon the life of a 
 nonresident to a local transfer tax. 10 
 L.R.A.(N.S. ) 1089. 
 
 Stock in a domestic corporation belonging 
 to the estate of a nonresident. 19 
 L.R.A. (N.S.) 887; 25 L.R.A.(N.S.) 
 384; L.R.A.1917F, 270. 
 
 Application to foreign corporation of ex- 
 emption in favor of charitable, educa- 
 tional or religious institutions. 51 
 L R.A.(N.S.) 8] 7. 
 
 Inheritance or succession tax on property 
 covered by power of appointment in 
 cases of nonresidents. 33 L.R.A. (N.S.) 
 239, 248; L.R.A.1918D, 339. 
 
 Effect on transfer tax of apportioning prop- 
 erty of nonresident decedent within the 
 state to payment of debts or legacies 
 which are exempt or subject to a re- 
 duced tax. 18 L.R.A.(N.S.) 946. 
 
 Physical presence or absence of personal 
 property, or evidence thereof, as 
 affecting liability to tax. 46 L.R.A. 
 (N.S.) 1167. 
 
 d. Assessment; valuation. 
 
 101. Assessment of. 
 Assessment of tax. 12 L.R.A. 406.* 
 
 102. Appraisement and valuation. 
 
 Basis and method of computing value of 
 life estate or annuity for purposes 
 of succession tax. 46 L.R.A. (N.S.) 
 714. 
 
 103. deduction. 
 
 Deduction of mortgage in computing succes- 
 sion tax. 16 L.R.A. (N.S.) 329. 
 
 Is exempt portion of estate to be included 
 or excluded in determining amount for 
 purpose of fixing rates. 51 L.R.A. 
 (N.S.) 1075. 
 
 e. Payment; classification. 
 
 104. Payment of. 
 
 Inheritance tax as within covenant in lease, 
 sublease, or assignment of lease as to 
 payment of taxes. L.R.A.1915A, 334. 
 
 TAXES, VI. e cont'd 
 
 Personal liabilitv of executor or adminis- 
 trator. " L.R.A.1915C, 615. 
 
 Effect of discharging executor or adminis- 
 trator before inheritance tax is paid. 
 L.R.A.1917E, 1162. 
 
 105. Classification. 
 
 Classification of inheritances or gifts for 
 purposes of succession tax on basis of 
 amount. 6 L.R.A. (N.S.) 732. 
 
 VII. Income tax. 
 
 106. Generally. 
 
 Constitutionality of statutes as to, see 
 
 CONSTITUTIONAL LAW, 156. 
 
 i Income tax on sales of property. L.R.A. 
 1917E, 566. 
 
 Determining income from timber lands. 
 L.R.A.1917E, 573. 
 
 Income tax on dividends declared after but 
 paid from earnings accrued before act 
 went into effect. L.R.A.1917F, 814. 
 
 On commission on renewal premiums on in- 
 surance. L.R.A.1918A, 501. 
 
 Provision of contract for payment without 
 deduction for taxes as applicable to in- 
 come tax. L.R.A.1917F, 205. 
 
 VIII. Stock transfer tax. 
 
 107. Generally. 
 
 Validity of statute imposing special tax on 
 
 transfer of corporate stock. 8 L.R.A. 
 
 (N.S.) 314. 
 Liability to pay transfer tax. in respect of 
 
 stock in domestic corporation belonging 
 
 to estate of nonresident. 19 L.R.A. 
 
 (N.S.) 887; 25 L.R.A. (N.S.) 384 - t 
 
 L.R.A.1917F, 270. 
 What constitutes a transfer of stock within 
 
 statutes taxing stock transfers. 4& 
 
 L.R.A.(N.S.) 585. 
 
 TAX FERRET. 
 
 Authority of county to employ. 4 L.R.A. 
 (N.S.) 339; 38 L.R.A.(N.S.) 261. 
 
 TAXICABS. 
 
 See AUTOMOBILES; HACKS AND TAXICABS. 
 
 TAXING DISTRICT. 
 
 See TAXES, 3. 
 
 Begin with this boofc on every lair question. 
 
 TAX LIST. 
 
 Failure to file, see TAXES, 52.
 
 INDEX TO L.R.A. NOTES. 
 
 1289 
 
 TAX OFFICERS. 
 
 See TAXES, 60, 61. 
 
 TAXPAYER. 
 
 Right to enjoin unlawful expenditure by 
 
 municipality, see INJUNCTION, 61a. 
 As plaintiff in action, see PARTIES, 20. 
 
 Right of taxpayer to contest will. L.R.A. 
 1918A, 476. 
 
 Necessity that grand juror be. 28 L.R.A. 
 198. 
 
 Constitutionality of statute requiring ju- 
 rors to be taxpayers. 32 L.R.A. (N.S.) 
 414. 
 
 Hight to inspect public records relating to 
 public contracts. 41 L.R.A. (N.S.) 280. 
 
 Decree in taxpayer's suit restraining dis- 
 trict from performing contract as bind- 
 ing on contractor. 37 L.R.A. (N.S.) 
 383. 
 
 Removal for separable controversy of action 
 by. 5 L.R.A.(N.S.) 90. 
 
 Right of, over proceedings for procuring 
 water supply for municipality. 61 
 L.R.A. 75. 
 
 Judgment in a suit by one taxpayer as res 
 judicata in a suit by another. 49 
 L.R.A. (N.S.) 108. 
 
 Effect of interest of taxpayer to disqualify 
 him to serve as commissioner or juror 
 in eminent domain proceedings. , 47 
 L.R.A.(N.S.) 160. 
 
 TAX TITLE. 
 
 See TAXES, 81a. 
 
 TEA. 
 
 Misrepresentation as to, as affecting validi- 
 ty of trademark. 19 L.R.A. 54. 
 
 Use of coloring matter in, as adulteration. 
 25 L.R.A.(N.S.) 1234. 
 
 TEACHERS. 
 
 See SCHOOLS, 12-22. 
 
 TEACHERS' TRAINING SCHOOL. 
 
 Statutory power of local authority to main- 
 tain teachers' training department in 
 school. 52 L.R.A. (N.S.) 163. 
 
 TEAM. 
 
 TEAM cont'd 
 
 Purpose for which team is used as affecting 
 exemption. 3 L.R.A. (N.S.) 693. 
 
 TEAMING. 1 
 
 Forbidding or restricting teaming on cer- 
 tain public ways. 51 L.R.A. (N.S.) 
 1203. 
 
 TEAMSTERS. 
 
 See CABTMEN AND TEAHSTEBS. 
 
 TECHNICAL. BOOKS. 
 
 Use of, by counsel in arguing to jury. 
 L.R.A.1918D, 81. 
 
 TECHNICAL WORDS. 
 
 Necessity for, in exception and reservation 
 of easements. 20 L.R.A. 633. 
 
 TELEGRAMS. 
 
 See TELEGRAPHS, 9-24. 
 
 TELEGRAPH OPERATOR. 
 
 As fellow servant of trainmen, see MASTEB 
 AND SERVANT, 149. 
 
 TELEGRAPHS. 
 
 Z. Rights; franchises; construction; 
 
 control, 1-7. 
 II. Taxation, S. 
 III. Messages, 9-24:. 
 
 a. In general, 9, 1O. 
 
 b. Duty and liability with re- 
 
 spect to, 11-24. 
 
 1. In general, 11-16. 
 
 2. To idiom liable, 17, 
 
 IS. 
 
 3. Sufficiency of notice of 
 
 contents, 19. 
 
 4. Stipulations and condi- 
 
 tions; limitation of lia- 
 bility, 20, 21. 
 
 6. Penalties, 22. . 
 
 O. As libel, 23, 24. 
 
 Lien for use of. see CABTMEN AND TEAM- Liability for personal injuries, see ELEC- 
 
 STEBS. 2. TBICITY, 10-18. 
 
 -Consult aJt-o L.R.A. Digests of Cases.
 
 1290 
 
 INDEX TO L.R.A. NOTES. 
 
 TELEGRAPHS cont'd 
 
 I. Rights; franchises; construction; 
 control. 
 
 1. Generally. 
 
 Measure of compensation for taking land for 
 right of way for, see DAMAGES, 86. 
 
 Matters as to electric wires and poles, gen- 
 erally, see ELECTRICITY. 
 
 As additional burden on highway, see EMI- 
 NENT DOMAIN, 56. 
 
 Telegraph wires in streets, see HIGHWAYS, 
 24. 
 
 Valuation of property of, see PUBLIC SERV- 
 ICE CORPORATIONS, 5. 
 
 Estimating return of company, see PUBLIC 
 SERVICE CORPORATIONS, 6. 
 
 Liability for personal injury caused by dis- 
 trict messenger. L.R.A.1918D, 360. 
 
 Doctrine of attractive nuisance as applied 
 to telegraph poles. L.R.A.1915D, 168. 
 
 Duty of railroad company to install in its 
 station. 47 L.R.A. (N.S.) 974. 
 
 Statutes prohibiting interference with tele- 
 graph lines. 50 L.R.A.(N.S.) .1216. 
 
 Right to carry wires across railroad. 
 L.R.A.1915B, 823. 
 
 Discrimination by carrier as to telegraph 
 companies. 12 L.R.A.(N.S.) 507. 
 
 Taking of property for telegraph line as a 
 public purpose. 22 L.R.A.(N.S.) 136. 
 
 Measure of damages for right of way for 
 telegraph line. 26 L.R.A. (N.S.) 189. 
 
 Delay in applying for injunction against 
 maintenance of, in highway. 8 L.R.A. 
 (N.S.) 1091. 
 
 Liability of user of electricity for interfer- 
 ence with the business or injury to the 
 property of another resulting from in- 
 duction or from use of earth as a re- 
 turn electric circuit. 2 B. R. C. 129. 
 
 2. Along railroad right of way. 
 
 Telegraph line along railroad right of way; 
 nature of property in poles and wires. 
 66 L.R.A. 56. 
 
 Condemnation of right of way for telegraph 
 along railroad. 42 L.R.A.(N.S.) 225. 
 
 Right to use railroad right of way for pur- 
 poses of, as against owner of fee. 36 
 L.R.A.(N.S.) 519. 
 
 Power to authorize construction of tele- 
 graph or telephone line along railroad 
 right of way without compensation to 
 railroad company. 29 L.R.A.(N.S.) 703. 
 
 Measure of damages for condemning right 
 of way on railroad right of way. 
 L.R.A.1916E, 582. 
 
 3. Construction. 
 
 Injury to trees in construction of line, see 
 HIGHWAYS, 42. 
 
 Employer's liability for negligence of inde- 
 pendent contractor in construction of 
 line. 65 L.R.A. 847. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in construction of 
 line. 65 L.R.A. 648. 
 
 TELEGRAPHS, L confd 
 4. Foreign companies. 
 
 Right of foreign telegraph companv to enter 
 
 state. 24 L.R.A. 311. 
 Right of foreign telegraph company to own. 
 
 property in state. 24 L.R.A. 327. 
 
 5. Control; regulation. 
 
 Regulation of rates, see infra, 7. 
 
 State regulation as interference with com- 
 merce, see COMMERCE, 11. 
 
 License of, see LICENSE, 41. 
 
 Municipal control over, see MUNICIPAL COR- 
 PORATIONS, 49. 
 
 Requiring connection or joint use of prop- 
 erties of telegraph companies as a tak- 
 ing for which compensation must be 
 made. 50 L.R.A.(N.S.) 652; L.R.A. 
 1916E, 759; L.R.A.1917E, 1083. 
 
 6. Compulsory service by. 
 
 Compulsorv service in case of. 15 L.R.A_ 
 322. 
 
 7. Rates. 
 
 Valuation of property for purpose of fixing 
 rates, see PUBLIC SERVICE CORPORA- 
 TIONS, 5. 
 
 Estimating return of company for rate- 
 making purposes, see PUBLIC SERVICE 
 CORPORATIONS, 6. 
 
 Legislative regulation of rates of. 33 L.R.A. 
 181. 
 
 Business of, affected with a public interest. 
 Subjecting them to regulation and con- 
 trol as to rates and prices. 6 L.R.A. 
 (N.S.) 835. 
 
 Right to reduce rates fixed by franchise or 
 charter. L.R.A.1915C, 261. 
 
 II. Taxation. 
 
 8. Generally. 
 
 Telegraph line as real estate for purposes- 
 
 of taxation. " 15 L.R.A. 299. 
 Taxation of telegraph messages as affected 
 
 by commerce clause. 60 L.R.A. 669. 
 Excise taxes against telegraph companies as 
 
 affected by commerce clause. 60 L.R.A. 
 
 687. 
 Taxation of franchise of company. 57 
 
 L.R.A. 56. 
 Taxation of receipts of telegraph companies. 
 
 57 L.R.A. 64. 
 State statutes imposing license fees on tele- 
 graph companies. 31 L.R.A. 808. 
 
 III. Messages. 
 a. In general. 
 
 9. Generally. 
 
 Transmission of messages, as interstate 
 commerce, see COMMERCE, 11. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 11. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 158. 
 
 Admissibility in evidence, see EVIDENCE, .- 
 138. 
 
 Begin irilh this boolc on every laiv question.
 
 INDEX TO L.R.A. NOTES. 
 
 1291 
 
 TELEGRAPHS, III. a cont'd 
 Pleadings of plaintiff in action against com- 
 pany, see PLEADING, 17. 
 
 Validity of notice sent by telegraph. 61 
 
 L.R.A. 933. 
 Property rights in market quotations by. 
 
 7 L.R.A.(N.S.) 889. 
 Liability for failure properly to transmit 
 
 or deliver a message pertaining to the 
 
 negotiation for, or offer of, a contract. 
 
 42 L.R.A.(N.S.) 419. 
 Mandamus to compel delivery of market 
 
 quotations to bucket shop by. 3 L.R.A. 
 
 (N.S.) 153. 
 Telegrams given by telephone. 56 L.R.A. 
 
 745. 
 Routing of telegram. 50 L.R.A. (N.S.) 94. 
 
 10. Contracts by means of. 
 
 Telegram as preliminary step in negotiation 
 of contract. 4 L.R.A. (N.S.) 177. 
 
 Telegrams as writings to make contract 
 within statute of frauds. 50 L.R.A. 
 240. 
 
 Time and place of consummation of con- 
 tract when offer by letter is accepted by 
 telegram, or vice versa. 6 L.R.A.(N.S.) 
 1016; L.R.A.1916A, 1302. 
 
 b. Duty and liability ^vith respect to. 
 
 1. In general. 
 
 % 11. Generally. 
 
 Measure of damages for default or mistake 
 in messages, see DAMAGES, 41, 102, 
 103, 117. 
 
 Law governing liability, see CONFLICT OF 
 LAWS, 11. 
 
 As to routing of telegram. 50 L.R.A. (N.S.) 
 94. 
 
 Duty of company to ascertain identity or 
 authority of sender of message. 4 
 L.R.A.(N.S.) 181. 
 
 Right to refuse telegraph message because 
 of its character. 17 L.R.A.(N.S.) 836. 
 
 Duty and liability for conduct of messengers 
 furnished. 2 L.R.A. (N.S.) 1091. 
 
 Liability for personal injury caused by dis- 
 trict messenger. L.R.A.1918D, 360. 
 
 Liability of telegraph company for delay 
 in transmitting or delivering message, 
 due to strike of its employees. 22 
 L.R.A. (N.S.) 1214. 
 
 Criminal liability for agent's failure to 
 transmit telegram. 41 L.R.A. 660. 
 
 Duty of tolegraph company to deliver mes- 
 "sage by telephone. 29 L.R.A. (N.S.) 
 836. 
 
 Sufficiency of general allegations of negli- 
 gence. 59 L.R.A. 247. 
 
 Federal courts following state decisions as 
 to. 40 L.R.A.(N.S.) 414. 
 
 Negligence of telegraph company causing 
 discontinuance of contract, terminable 
 at pleasure of other partv thereto, as a 
 ground of liability. 29* L.R.A. (N.S.) 
 891. 
 
 Ccusiilt also L.R.A. Digests of Cases. 
 
 TELEGRAPHS, III. b, 1 cont'd 
 
 Contingency of possible action of sendee, or 
 of some third person, as affecting lia- 
 bility for failure properly to transmit 
 and deliver a telegram. 12 L.R.A. 
 '(N.S.) 748. 
 
 Limits for delivery of telegrams. 34 L.R.A. 
 431. 
 
 Liability of telegraph company for disclos- 
 ing contents of message. L.R.A. 
 1915C, 487. 
 
 12. Telegrams not written on com- 
 pany's blanks. 
 
 Telegrams on blanks of another company. 
 
 56 L.R.A. 741; L.R.A.1917F, 848. 
 Written on blank paper. 56 L.R.A. 742; 
 
 L.R.A.1917F, 849. 
 Telegrams given by telephone or orally. 56 
 
 L.R.A. 745; L.R.A.1917F, 849. 
 
 13. Liability of company sending 
 message to office after closing 
 hour. 
 
 In general. 53 L.R.A. 732; 24 L.R.A. 
 
 (N.S.) 1286. 
 
 Nature of subject. 53 L.R.A. 732. 
 Rules as to office hours; reasonableness. 53 
 
 L.R.A. 732. 
 
 Notice to patrons. 53 L.R.A. 733. 
 Special contracts as to delivery. 53 L.R.A. 
 
 734. 
 
 Damages. 53 L.R.A. 738. 
 The rule under statutes imposing penalty 
 
 for delay. 53 L.R.A. 738. 
 
 14. Duty to notify sender of non- 
 delivery. 
 
 Duty of telegraph company to notify sender 
 of message if it cannot be promptly 
 transmitted or delivered. 67 L.R.A. 
 153; 16 L.R.A.(N.S.) 870. 
 
 15. Duty to find addressee. 
 
 Duty of telegraph company to find person 
 
 addressed. 15 L.R.A. 129. 
 Telegraph company's duty as to discovering 
 unknown sendee. 22 L.R.A. (N.S.) 
 761. 
 
 Duty to inform sender of telegram that ter- 
 minal office is closed. 24 L.R.A. 
 (N.S.) 1283. 
 
 16. Liability for transmission or 
 delivery of forged message. 
 
 Liability of company when its agent is de- 
 ceived. 65 L.R.A. 806; L.R.A.1915A, 
 121. 
 
 Liability of company when its agent perpe- 
 trates the fraud. 65 LTR.A. 807; L.R.A. 
 1915A, 123. 
 
 2. To \cJiom liable. 
 
 17. Generally. 
 
 Who may maintain action for damages for 
 mental anguish in telegraph case. 49 
 L.R.A. (N.S.) 275, 277. 
 
 Liability of telegraph company to undis- 
 closed principal of sender. 24 L.R.A. 
 (N.S.) 1045; 4 L.R.A.(N.S.) 678.
 
 1292 
 
 INDEX TO L.R.A. NOTES. 
 
 TELEGRAPHS, III. b, 2 cont'd 
 Right of person not mentioned in the tele- 
 gram and whose interest is not com- 
 municated to the company to recover 
 for mental anguish. 8 L.R.A. (N.S.) 
 249; 19 L.R.A.(N.S.) 475. 
 Right of sender or addressee to recover from 
 telegraph company damages re^ult- 
 ing from latter acting upon mes- 
 sage changed during transmission. 
 51 L.R.A. (N.S.) 439. 
 
 Liability of telegraph company to undis- 
 closed principal of sendee. 4 L.R.A. 
 (N.S.) 678; 24 L.R.A.(N.S.) 1045. 
 
 18. Addressee. 
 
 The right of addressee of telegram to sue 
 for delay in delivery. 30 L.R.A. 
 (N.S.) 1116. 
 
 Right of addressee of telegram to sue for 
 damages for mental anguish resulting 
 from negligence in delivery of tele- 
 gram. 49 L.R.A. (N.S.) 275. 
 
 Right of addressee to recover from tele- 
 graph company damages resulting from 
 latter's acting on message changed 
 during transmission. 51 L.R.A. (N.S.) 
 442. 
 
 3. Sufficiency of notice of contents. 
 
 19. Generally. 
 
 When telegraph company charged with no- 
 tice of importance of commercial 
 message. 41 L.R.A. (N.S.) 1188.. 
 Necessity and sufficiency of notice to tele- 
 graph company that negligence in re- 
 spect to the telegram might cause men- 
 tal anguish. 49 L.R.A. (N.S.) 308. 
 Duty with respect to cipher and unintelli- 
 gible telegrams. 43 L.R.A. (N.S.) 
 502. 
 
 4. Stipulations and conditions; limita- 
 tion of liability. 
 
 20. Generally. 
 
 Contracts restricting liability of telegraph 
 company as to message sent after clos- 
 ing hours. 53 L.R.A. 736. 
 
 Validity of limitation of liability of tele- 
 graph company for unrepeated mes- 
 sages. 11 L.R.A.(N.S.) 561; 30 L.R.A. 
 (N.S.) 409; L.R.A.1915B, 685. 
 
 Applicability of stipulation as to repeating 
 messages to failure or delay in trans- 
 mission or delivery. 28 L.R.A. (N.S. ) 
 566. 
 
 Effect of stipulations requiring notice of 
 loss to be given in specified time in ac- 
 tion to recover damages for mental 
 anguish caused by negligence in trans- 
 mission of message. 49 L.R.A. (N.S.) 
 265. 
 
 21. Presentation of claim. 
 
 Right to compute minimum statutory pe- 
 riod for presentation of claims from 
 
 date of filing message. 
 185. 
 
 34 L.R.A. (N.S.) 
 
 TELEGRAPHS, III. b cout'd 
 o. Penalties. 
 
 22. Generally. 
 
 See PENALTIES, 7. 
 
 6. As libel. 
 
 23. Liability of company. 
 
 Liability of a telegraph company for han- 
 dling libelous message. 9 L.R.A. (N.S.) 
 140; 37 L.R.A.(N.S.) 861. 
 
 24. Liability of sender. 
 
 Privilege of communications to telegraph 
 companies. 35 L.R.A. (N.S.) 586. 
 
 Transmission of libelous matter by postcard 
 or telegraph as publication. 1 B. R. C. 
 464. 
 
 TELEPHONES. 
 
 I. In general, 1, 2. 
 II. Construction of line; right of way 
 
 for, 3. 
 III. Control and regulation of, &- 
 
 9. 
 IV. Messages, 1O. 
 
 I. In general. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 158. 
 
 Matters as to electric wires and poles gen- 
 erally, see ELECTRICITY. 
 
 Liability for personal injuries, see ELEC- 
 TRICITY, 10-18. 
 
 Unlawful combination of telephone compa- 
 nies, see MONOPOLY AND COMBINATIONS, 
 10. 
 
 Valuation of property of, see PUBLIC SERV- 
 ICE CORPORATIONS, 5. 
 
 Estimating return of company, see PUBLIC 
 SERVICE CORPORATIONS, 6. 
 
 As to matters in relation to public service 
 corporations generally, see PUBLIC SERV- 
 ICE CORPORATIONS. 
 
 Service of writ or process by telephone. 
 L.R.A.1915D. 427. 
 
 Mutual telephone companies as public util- 
 ities. L.R.A.1918C, 827. 
 
 Right of telephone company to challenge 
 powers or privileges of rival. L.R.A. 
 1916B, 1087. 
 
 Statutes prohibiting interference with tele- 
 phone lines. 50 L.R.A. (N.S.) 121fi. 
 
 Duty of telephone companies to make pliys- 
 "ical connection. 43 L.R.A. (N.S.) 550. 
 
 Duty of railroad company to install in its 
 station. 47 L.R.A. (N.S.) 974. 
 
 Discrimination by carrier as to telephone 
 companies. 12 L.R.A. (N.S.) 507. 
 
 Liability for personal injury to one usincr 
 a telephone. 36 L.R.A. (N.S.) 279. 
 
 Conveyance of real property as carrying 
 
 liegin %rif/i tJiis booTf on every law question. 
 
 right to telephone service. 
 (N.S.) 1021. 
 
 42 L.R.A.
 
 INDEX TO L.R.A. NOTES. 
 
 1293 
 
 TELEPHONES, I. cont'd 
 
 2. Contract for exclusive service. 
 
 Validity of contract for exclusive right to 
 furnish telephone service. 32 L.R.A. 
 (N.S.) 494. 
 
 Validity of contracts between telephone 
 companies for exclusive connection. 36 
 L.R.A.(N.S.) 124; 45 L.R.A. (N.S.) 465. 
 
 //. Construction of line; right of iray 
 for. 
 
 3. Generally. 
 
 Measure of compensation for taking land 
 for right of way for, see DAMAGES, 86. 
 
 As additional burden on highway, see EMI- 
 NENT DOMAIN, 56. 
 
 Telephone wires in streets, see HIGHWAYS, 
 24. 
 
 Injury to trees in construction of line, see 
 HIGHWAYS, 42. 
 
 Right to carry wires across railroad. L.R.A. 
 1915B, 823. 
 
 Condemnation of right of way for telephone 
 line along railroad right of wav. 42 
 L.R.A.(N.S.) 225. 
 
 Right to use railroad right of way for pur- 
 pose of, as against owner of fee. 36 
 L.R.A. (N.S.) 519. 
 
 Power to authorize construction of telephone 
 line along railroad right of way with- 
 out compensation to railroad company. 
 29 L.R.A. (N.S.) 703. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in construction of 
 line. 65 L.R.A. 648. 
 
 ///. Control and regulation of. 
 
 4. Generally. 
 
 Regulations of, as interference with com- 
 merce, see COMMERCE, 11. 
 
 License of, see LICENSE, 41. 
 
 As to public regulation of public service 
 corporations generally, see PUBLIC 
 SERVICE CORPORATIONS. 
 
 Power of state to control or impose burdens 
 upon interstate telephone company. 24 
 L.R.A. 161. 
 
 Requiring connection or joint use of prop- 
 erties of telephone companies as a tak- 
 ing for which compensation must be 
 m,"de. 50 L.R.A.(N.S.) 652; L.R.A. 
 1916E, 759; L.R.A.1917E, 1083. 
 
 5. Rates; charges. 
 
 Valuation of property for purpose of fixing 
 rates, see PUBLIC SERVICE CORPORA- 
 TIONS, 5. 
 
 Estimating return of company for rate-mak- 
 ing purposes, see PUBLIC SERVICE COR- 
 PORATIONS, 6. 
 
 Legislative regulation of rates of. 33 
 
 L.R.A. 181. 
 Stato statutes regulating rates. 31 L.R.A. 
 
 807. 
 Consult also L.R.A. Digests of Cases. 
 
 TELEPHONES, III. cont'd 
 
 Power of judiciary to fix rates to be charged 
 by telephone company. 8 L.R.A. (N.S.) 
 529. 
 
 Power of municipality apart from contract 
 to regulate rates to be charged by tele- 
 phone company. 33 L.R.A. (N.S.) 759; 
 43 L.R.A. (N.S.) 994. 
 
 Business of, affected with a public interest 
 subjecting them to regulation and con- 
 trol as to rates and prices. 6 L.R.A. 
 (N.S.) 835. 
 
 Allowance for depreciation in plant in fix- 
 ing rates. 38 L.R.A. (N.S.) 1209. 
 
 Right to raise rates of public service corpo- 
 ration fixed by franchise. L.R.A. 
 1915C, 287. 
 
 Right to reduce rates fixed by franchise or 
 charter. L.R.A.1915C, 261. 
 
 Effect of contract with patron to preclude 
 regulation of rates. L.R.A.1915C, 282. 
 
 Incorporation of territory into munici- 
 pality as affecting existing contract as. 
 to telephone rates in that' territory. 
 L.R.A.1916A, 1071. 
 
 Right of telephone company to require pa- 
 tron to pay for installing or transfer- 
 ring instruments. 30 L.R.A. (N.S.) 
 1088. j 
 
 6. discrimination as to. 
 
 By requiring payment of rental in ad- 
 vance. 31 L.R.A. (N.S.) 315. 
 
 Right of telephone company to discriminate 
 as to rates. 36 L.R.A.(N.S.) 561. 
 
 Giving of free service or reduced rates to 
 governmental agencies, cities, schools, 
 charities, etc., as an unlawful discrim- 
 ination. L.R.A.1918D, 904. 
 
 7. prepayment or prompt pay- 
 ment of. 
 
 Right to refuse telephone service to coerce 
 payment of bill. 30 L.R.A.(N.S.) 1027. 
 
 Reasonableness of regulation* requiring pay- 
 ment of rentals in advance. 19 L.R.A. 
 (N.S.) 693; 31 L.R.A.(N.S.) 319. 
 
 Discrimination by telephone company by 
 requiring payment of rental in advance. 
 31 L.R.A.(N.S.) 315. 
 
 Right of telephone company to exact se- 
 curity of consumer or require payment, 
 of rentals in advance. 31 L.R.A. (N.S.) 
 319. 
 
 8. Compulsory service by. 
 
 Withdrawal of service, see infra, 9. 
 
 Compulsory service in case of. 15 L.R.A. 
 
 321. 
 State statutes regulating telephone prices 
 
 and requiring service on equal terms 
 
 to all. 31 L.R.A. 807. 
 
 9. Withdrawal of service. 
 
 Right to withdraw telephone service because 
 
 of abuse of privilege. 23 L.R.A. (N.S.) 
 
 1010. 
 Right to refuse telephone service to compel 
 
 payment of bill. 30 L.R.A. (N.S.) 1027. 
 Measure of damages for removal of. 39 
 
 L.R.A. (N.S.) 651.
 
 1294 
 
 INDEX TO L.R.A. NOTES. 
 
 TELEPHONES cont'd 
 
 IF. Messages. 
 
 10. Generally. 
 
 Evidence of conversations by telephone, see 
 EVIDENCE, 240. 
 
 Telegrams given by telephone. 56 L.R.A. 
 745. 
 
 Validity of acknowledgment taken over tele- 
 phone. 30 L.R.A.(N.S.) 358. 
 
 Duty of telegraph company to deliver mes- 
 sage by telephone. 29 L.R.A. (N.S.) 
 836. 
 
 Right of addressee to recover damages for 
 failure to summon him to receive a 
 long-distance telephone message. 15 
 L.R.A.(N.S.) 810. 
 
 Validity of presentment of bill or note by 
 telephone. 34 L.R.A.(N.S.) 417. 
 
 Use of subscriber's telephone by nonsub- 
 scriber. 45 L.R.A.(N.S.) 990. 
 
 Reasonableness of rule of telephone com- 
 pany requiring subscriber to pay for 
 all long-distance messages originating 
 from his telephone. L.R.A.1915E, 323. 
 
 Liability of telephone company for failure 
 to make connections for subscriber. 21 
 L.R.A.(N.S.) 115; 28 L.R.A.(N.S.) 
 554; 39 L.R.A. (N.S.) 402; L.R.A. 
 1915C, 450. 
 
 TELLTALES. 
 
 On overhead railroad bridges or other 
 structures. 47 L.R.A. (N.S.) 486. 
 
 TEMPERANCE MEETING. 
 
 Temperance meeting as a meeting within 
 purview of offense of disturbing meet- 
 ings. 30 L.R.A.(N.S.) 831. 
 
 TEMPERATURE. 
 
 Duty of carrier as to temperature of car, 
 see CAEBIEBS, 42. 
 
 Right of witness to express opinion as to. 
 
 L.R.A.1918A, 707. 
 Validity of regulation as to temperature at 
 
 which milk shall be transported. 
 
 L.R.A.1917C, 253. 
 
 TEMPORARY ALIMONY. 
 
 See DIVOBCE AND SEPARATION, 39, 40. 
 
 TEMPORARY ABSENCE. 
 
 Effect of temporary absence of insured prop- 
 erty from location stated in policy. 22 
 L.R.A.(N.S.) 848. 
 
 TEMPORARY ADMINISTRATOR. 
 
 Effect of appointment of, on running of 
 limitations. 38 L.R.A.(N.S.) 824. 
 
 TEMPORARY CHANGE. 
 
 Of conditions of insured property, see IN- 
 SURANCE, 84-89. 
 
 Of occupation by insured, effect, see INSUR- 
 ANCE, 95. 
 
 TEMPORARY DAMAGES. 
 
 Abutter's right to temporary damages for 
 railroad in street. 36 L.R.A. (N.S.) 
 
 782. 
 
 TEMPORARY INJUNCTION. 
 
 See INJUNCTION, 80. 
 
 TEMPORARY INSANITY. 
 
 Presumption of continuance of. 35 L.R.A. 
 119. 
 
 TEMPORARY MARRIAGE. 
 
 Conflict of laws as to validity of. 57 L.R.A. 
 159. 
 
 TEMPORARY' OCCUPATION. 
 
 Extent of recovery in condemnation proceed- 
 ings for. 26 L.R.A. 753. 
 
 TEMPORARY SUBMERGENCE. 
 
 Title to islands temporarily submerged. 35 
 L.R.A.(N.S.) 230. 
 
 TEMPORARY WEAKNESS. 
 
 As proof of testamentary incapacity. 27 
 L.R.A.(N.S.) 94; L.R.A.1915A, 463. 
 
 TENANCY. 
 
 See LANDLORD AND TENANT. 
 
 Begin with this book on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1295 
 
 TENANCY BY ENTIRETY. 
 
 See HUSBAND AND WIBE, 27. 
 -- 
 
 TENANCY IN COMMON. 
 
 See COTENANCY. 
 
 TENANTS. 
 
 In general, see LANDLORD AND TENANT. 
 Life tenant, see LIFE TENANTS. 
 Cotenants, see COTENANCY. 
 Tenant by the entirety, see HUSBAND AND 
 WIFE, 27. 
 
 TENANTS IN COMMON. 
 
 See COTENANCY. 
 
 TENDER. 
 
 1. Generally. 
 
 Of goods sold, see SALE, 14. 
 Of tax, see TAXES, 64, 65. 
 
 Of purchase money by partner. 28 L.R.A. 
 
 105. 
 Of tax or redemption money prevented by 
 
 officer. 20 L.E.A. 489. 
 Of fees to witnesses. 39 L.R.A. 121. 
 Of property to buyer who is in default in 
 
 fixing date for delivery and is not pres- 
 
 ent at the agreed place. 2 L.R.A. (N.S. y 
 
 529. 
 To pledgee before action for conversion 
 
 against him. 43 L.R.A. 759. 
 
 2. Necessity for. 
 
 As condition precedent to bringing of suit, 
 
 see ACTION OB SUIT, 11. 
 As condition of specific performance, see 
 
 SPECIFIC PERFORMANCE, 3. 
 As condition of maintaining trover, see 
 
 TROVES, 8. 
 Of deed as prerequisite to action for pur- 
 
 chase money of land, see VENDOR AND 
 
 PURCHASER, 13. 
 
 Necessity for tender of performance by pur- 
 chaser to entitle real estate broker to 
 commissions. 43 L.R.A. 604. 
 
 Necessity of tender of performance" by ven- 
 dor to entitle him to retain purchase 
 money on default by vendee. L.R.A. 
 1918B, 557. 
 
 Necessity of tender of payment to discharge 
 lien of automobile for repairs or stor- 
 age. L.R.A.1918D, 336. 
 
 Necessity of tender by seller in order to re- 
 cover purchase price where purchaser 
 wrongfully repudiates his contract. 51 
 L.R.A. (N.S.) 740. 
 
 'Consult also L.R.A. Digests of Cases. 
 
 TENDER cont'd 
 
 Of freight charges as condition of trover 
 against carriers. 21 L.R.A. 117. 
 
 When tender of freight money not condition 
 of conversion by carrier's refusal to sur- 
 render goods. 6 L.R.A. (N.S.) 1058. 
 
 Effect of unauthorized sale or disposal of 
 pledge by pledgee to dispense with ten- 
 der as a condition of trover against 
 him. 6 L.R.A. (N.S.) 298; 24 L.R.A. 
 (N.S.) 511. 
 
 Of consideration paid for release of claim 
 for personal injuries as a condition of 
 setting the same aside on a ground of 
 fraud. 35 L.R.A.(N.S.) 660; L.R.A. 
 1918F, 1073. 
 
 Of share of expense as condition of right to 
 share in benefit of cotenant's purchase 
 of outstanding interest. 10 L.R.A. 
 (N.S.) 863. 
 
 Tender or payment of consideration as a 
 condition precedent to a suit for the 
 specific performance of a contract to 
 convey realty consummated by the 
 vendee's exercise of an option. 24 
 L.R.A.(N.S.) 91. 
 
 Of amount due as condition of injunction 
 against sale under power in mortgage 
 on the ground of overstatement of 
 amount due. 35 L.R.A. (N.S.) 909. 
 
 Of balance as a condition of injunction in 
 aid of equitable set-off of claim against 
 a judgment of a larger amount. 35 
 L.R.A.(N.S.) 144. 
 
 Of deed or abstract of title as condition of 
 enforcing forfeiture for failure of ven- 
 dee to pay last instalment of purchase 
 money. 28 L.R.A. (N.S.) 956. 
 
 3. Sufficiency of. 
 
 Sufficiency of tender of fare to prevent ejec- 
 tion of passenger, see CARRIERS, 33. 
 
 To divest lien of mortgage. 33 L.R.A. 231. 
 Necessity that tender, as a condition of re- 
 scission for breach of warranty, shall 
 cover all the property sold. 8 L.R.A. 
 (N.S.) 727. 
 Sufficiency of tender of fare to prevent 
 
 ejection. 31 L.R.A. (N.S.) 991. 
 Sufficiency of tender of payment to prevent 
 acceleration of maturity of entire debt. 
 47 L.R.A.(N.S.) 980. 
 
 Place and requisites of tender of interest 
 which will prevent acceleration of 
 ' maturity of mortgage under inter- 
 est clause. 36 L.R.A. (N.S.) 308. 
 
 4. defective money. 
 
 Condition of money tendered as fare, see 
 
 CARRIERS, 19. 
 Sufficiency of coin tendered, see COIN, 2. 
 
 Of old, worn, or mutilated coin. 33 L.R.A. 
 824. 
 
 Character and condition of coin and cur- 
 rency that may be tendered in payment 
 of fare. 35 L.R.A. (N.S.) 1030. 
 
 5. check. 
 
 Tender by check. 36 L.R.A. (N.S.) 232.
 
 1296 
 
 INDEX TO L.R.A. NOTES. 
 
 TENDER cont'd 
 
 6. excessive amount with demand 
 for change. 
 
 Of amount in excess of fare, see CARRIERS, 
 -20. 
 
 Tender of a sum in excess of that due with 
 
 demand for change. 
 624. 
 
 13 L.R.A.(N.S.) 
 
 7. Keeping tender good. 
 
 Right to withdraw money paid into court 
 after tender. 5 L.R.A.(N.S.) 561. 
 
 8. Effect. 
 
 Effect of tender of taxes or redemption 
 money. 20 L.R.A. 491. 
 
 Effect of tender by vendee of purchase price 
 before due, to put other party in de- 
 fault. 20 L.R.A.(N.S.) 338. 
 
 Effect of tender by veindee of real property 
 after default on his right to recover 
 payments made. L.R.A.1918B, 551. 
 
 Effect of tender on deposit of money on 
 right to interest on damages allowed in 
 eminent domain. 28 L.R.A. ( N.S. ) 63. 
 
 Effect of tender by defendant upon his 
 right to avail himself of defenses or 
 counterclaims. 21 L.R.A. (N.S.) 354. 
 
 Tender of debt due from estate as affecting 
 creditor's right to letters of adminis- 
 tration. 45 L.R.A.(N.S.) 237. 
 
 Right of public service corporation to dis- 
 continue service after tender of amount 
 due. L.R.A.1917C, 376. 
 
 9. Of amount due on mortgage or 
 pledge. 
 
 Effect of unaccepted tender on lien of chat- 
 tel mortgage, see CHATTEL MORTGAGE, 
 31. 
 
 Effect of an accepted tender of amount due 
 on mortgage, see MORTGAGE, 57. 
 
 Effect of unaccepted tender on lien of 
 pledge. 33 L.R.A. 231. 
 
 Who may make a tender which will dis- 
 charge the lien of a mortgage. L.R.A. 
 1918C, 186. 
 
 TENEMENT HOUSES. 
 
 In general, see BUILDINGS. 
 
 Constitutionality of statutory regulations 
 as to safety and sanitary conditions of. 
 17 L.R.A. (N.S.) 486. 
 
 Constitutionality of laws prohibiting carry- 
 ing on of employments or occupations 
 upon certain premises. 44 L.R.A. 
 (N.S.) 46. 
 
 Validity of statute or ordinance requiring 
 the lighting of. L.R.A.1918D, 688. 
 
 Tenement house as violation of restrictive 
 covenants. 45 L.R.A.(N.S.) 726; 
 L.R.A.1918C, 873. 
 
 TENURE. 
 
 Of office, see MUNICIPAL CORPORATIONS, 
 116; OFFICERS, 16. 
 
 TERM. 
 
 Of court, see COURTS, 46. 
 Of tenant, see LANDLORD AND TENANT, 23^ 
 Of office, see MUNICIPAL CORPORATIONS, 
 116; OFFICERS, 16. 
 
 Of contract to supply city with water. 6) 
 L.R.A. 69. 
 
 TERMINAL. 
 
 Railroad terminal as nuisance. 32 L.R.A^ 
 (N.S.) 374. 
 
 Presumption of statutory authority of rail- 
 road to commit nuisance by maintain- 
 ing. 70 L.R.A. 589. 
 
 Delegation by legislature to railroad com- 
 mission of power as to entrance into 
 terminals. 32 L.R.A. (N.S.) 654. 
 
 Right of carrier having line haul to make 
 extra charge for switching or spotting 
 cars at terminals or sidetracks. L.R.A. 
 1918A, 164. 
 
 TERMINAL RAILWAY COMPANY, 
 
 As a common carrier. L.R.A.1918B, 683. 
 
 Exercise of power of eminent domain by. 
 10 L.R.A.(N.S.) 909. 
 
 Is terminal railway company, in moving 
 interstate traffic, within Federal safety 
 appliance act. 22 L.R.A. (N.S.) 582. 
 
 Begin with this book, on every law question. 
 
 TERMINATION. 
 
 Of attachment, see ATTACHMENT, 18. 
 
 Of relation of carrier and passenger, see 
 
 CARRIERS, 9. 
 
 Of contract generally, see CONTRACTS, 146^ 
 Of carrier's liability, see CARRIERS, 118. 
 Of appointment of personal representative, 
 
 see EXECUTORS AND ADMINISTRATORS, 
 
 3-7. 
 
 Of franchise, see FRANCHISES, 5. 
 Of insurance, see INSURANCE, 104, 105. 
 Of prosecution, giving right to bring action 
 
 for malicious prosecution, see MA- 
 LICIOUS PROSECUTION. 
 Of agency, see PRINCIPAL AND AGENT, 6, 
 
 7. 
 
 Of lease, see LANDLORD AND TENANT, III. d. 
 Of contract of employment, see MASTER AND 
 
 SERVANT, II. i. 
 Of agency, see PRINCIPAL AND AGENT, 6, 
 
 7. 
 
 Of contract of sale, see SALE, 3. 
 Of trust, see TRUSTS, III. 
 
 Of franchise for toll bridge. 30 L.R.A. 
 (N.S.) 364. 
 
 Of liability of members of mutual fire in- 
 surance companies. 32 L.R.A. 492.
 
 INDEX TO L.R.A. NOTES. 
 
 1297 
 
 TERRACING. 
 
 Mechanic's lien for. L.R.A.1917D, 353. 
 
 TESTAMENTARY TRUSTEES. 
 
 See TRUSTS, IV. 
 
 TERRITORIAL COURTS. 
 
 See COURTS, 35, 35a. 
 
 TERRITORIAL, LIMITS. 
 
 Jurisdiction as affected by, see COURTS, IV. 
 
 Territorial extent of lien of execution. 45 
 
 L.R.A.(N.S.) 267. 
 Investments by trustees in foreign jurisdic- 
 
 tions. 45 L.R.A.(N.S.) 411. 
 
 TERRITORIES. 
 
 Adoption of common law in. 22 L.R.A. 506. 
 
 Right of territories to tax shares of stock 
 in national bank, 45 L.R.A. 762. 
 
 Right of Congress to prohibit or delegate 
 power to prohibit sales of intoxicating 
 liquors in. 15 L.R.A. (N.S.) 922. 
 
 TEST. 
 
 Implied warranty in addition to stipulated 
 test. L.R.A.1915B, 1131. 
 
 Particular test of milk prescribed by police 
 regulations. 1 L.R.A. (N.S.) 926. 
 
 Right to regulate time of payment as inci- 
 dent to authority to make rules and 
 regulations as to testing food. 39 
 L.R.A. (N.S.) 686. 
 
 TESTAMENTARY CAPACITY. 
 
 See WILLS, III. e. 
 
 TESTAMENTARY CHARACTER. 
 
 Of will, see WILLS, 7. 
 
 TESTAMENTARY GUARDIAN. 
 
 Effect of invalid attempt to appoint. 45 
 L.R.A. (N.S.) 446. 
 
 TESTAMENTARY LIBEL. 
 
 Law as to. 49 L.R.A. (N.S.) 897. 
 
 TESTIMONY. 
 
 See EVIDENCE. 
 
 TEST OATH. 
 
 As qualification of right to vote. 25 L.R.A. 
 483. 
 
 TEXAS CATTLE. 
 
 Validity and construction of statutory regu- 
 lations as to diseased cattle. 26 L.R.A. 
 638; 43 L.R.A. (N.S.) 1066. 
 
 Liability of carrier for loss of livestock by 
 Texas fever. 26 L.R.A. (N.S.) 712. 
 
 TEXT-BOOKS. 
 
 See SCHOOLS, 36. 
 
 TEXTILE FABRICS. 
 
 Sufficiency of delivery of on sale out of 
 larger l<5t. 26 L.R.A. ( N.S. ). 42. 
 
 THEATERS. 
 
 In general, see AMUSEMENTS. 
 As to moving picture shows, see MOVING 
 PICTURES. 
 
 THEATRICAL AGENT. 
 
 Authority of, to contract for services of 
 other persons. L.R.A.1918F, 69. 
 
 THEFT. 
 
 In general, see LARCENY. 
 
 Insurance against, see INSURANCE, XI. 
 
 THEORY. 
 
 Trial under erroneous theory as to crime 
 charged, as former jeopardy. 24 L.R.A. 
 (N.S.) 481. 
 
 THEORY OF CASE. 
 
 Necessity of, in pleading, see PLEADING, 
 16a. 
 
 Consult also L.R.A. Digests of Cases. 82
 
 1298 
 
 INDEX TO L.R.A. NOTES. 
 
 THERAPY. 
 
 Application of statute regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A. (N.S.) 
 762; 24 L.R.A.(N.S.) 103: 25 L.R.A. 
 (N.S.) 1297; L.R.A.1917C, 822. 
 
 THIEF. 
 
 See LABCENY. 
 
 THINGS. 
 
 Construction of word "things" as used in 
 devise or legacy. L.R.A.1918A, 222. 
 
 THIRD DEGREE. 
 
 See EVIDENCE, 209. 
 
 THIRD PERSON. 
 
 Delivery of deed to, see DEEDS, 8; ES- 
 CROW. 
 
 Pending of suit by, as suspending the run- 
 ning of the statute of limitations. 62 
 L.R.A.(N.S.) 1165. 
 
 THIRD RAIL. 
 
 Liability of electric railway for injury to 
 trespasser or licensee from exposed 
 third rail. 28 L.R.A.(N.S.) 98. 
 
 THREATS. 
 
 1. Generally. 
 
 Validity of contract procured by threat of 
 prosecution, see CONTRACTS, 91. 
 
 Evidence of, see EVIDENCE, 239. 
 
 Obtaining property or money by, see Ex- 
 TOBTION, 2. 
 
 Carrier's liability for threats by employees 
 to passengers. 14 L.R.A. 739. 
 
 Liability for wrongfully threatening pas- 
 senger with expulsion. L.R.A.1918D, 
 876. 
 
 Voluntariness of payment of license fee 
 under threats 01 judicial proceedings. 
 22 L.R.A.(N.S.) 875. 
 
 Forcing one to do an act under threat to 
 kill, as assault with intent to kill. 39 
 L.R.A.(N.S.) 143. 
 
 Voluntariness of confession induced by. 18 
 L.R.A. (N.S.) 833; 50 L.R.A. ("N.S.) 
 1077. 
 
 THREATS cont'd 
 
 Contracts procured by threats of prosecution 
 of relative. 26 L.R.A. 48; 37 L.R.A. 
 (N.S.) 539; L.R.A.1915D, 1118. 
 
 Effect of duress by, to avoid marriage. 43 
 L.R.A. 815. 
 
 Threat of prosecution as force sufficient to 
 constitute robbery. 46 L.R.A. (N.S.) 
 1153; L.R.A.1918E, 938. 
 
 To charge person with crime, as construct- 
 ive force for purposes of robbery. 57 
 L.R.A. 439. 
 
 Threat of imprisonment by public officer as 
 duress. L.R.A.1916B, 670. 
 
 Liability for damages to landlord for driv- 
 ing tenant away by threats. L.R.A. 
 1918D, 393. 
 
 2. Effect of, on liability for homi- 
 cide. 
 
 As provocation for homicide. 4 L.R.A. 
 
 (N.S.) 154. 
 As affecting self-defense in homicide. 45 
 
 L.R.A. 702. 
 Effect of, on degree of homicide in heat of 
 
 passion. 5 L.R.A.(N.S.) 820. 
 
 THREE-MILE LIMIT. 
 
 Jurisdiction beyond. 46 L.R.A. 264. 
 
 ---- 
 
 THRESHING ENGINES. 
 
 Liability for fires set by, see FIRES, 7. 
 
 *--* 
 
 THRESHING MACHINE. 
 
 Validity of chattel mortgage of future 
 earnings of. 20 L.R.A. (N.S.) 505. 
 
 Recovery under Workmen's Compensation 
 Act for injury to employee operating. 
 L.R.A.1918F, 202. 
 
 THROUGH SHIPMENT. 
 
 Duty of initial or first contracting carrier 
 to undertake. 31 L.R.A. (N.S.) 3. 
 
 THROUGH TICKETS. 
 
 See CARRIERS, 22. 
 
 TICKER. 
 
 Property rights in market quotations by. 
 7 L.R.A.(N.S.) 889. 
 
 Begin with this ftoofc on every law question. 
 
 TICKET AGENTS. 
 
 Confining sale of tickets to, see CARRIERS, 
 21, 148.
 
 INDEX TO L.R.A. NOTES. 
 
 1299 
 
 TICKET AGENTS cont'd 
 
 Service of process on railroad or steam- 
 ship company by delivery to. L.R.A. 
 1916F, 453. 
 
 TIE VOTE. 
 
 Decision of, see ELECTIONS, 16. 
 
 TICKET BROKERS. 
 
 See CABBIEBS, 21, 148. 
 
 TICKET OFFICE. 
 
 Duty of carrier to keep ticket office open. 
 'l L.R.A. (N.S.) 851. 
 
 TICKETS. 
 
 :See also AMUSEMENTS, 4; CARRIEKS, 
 16-29; CONSTITUTIONAL LAW, 141. 
 
 When vacancy in party ticket occxtrs within 
 statute authorizing filling of vacancies. 
 41 L.R.A. (N.S.) 1088. 
 
 TIDAL WATERS. 
 
 Land under, see TIDE LAND. 
 
 Navigability of. 42 L.R.A. 303. 
 Boundary of municipality on. 23 L.R.A. 
 
 523/ 
 Effect of bounding grant on. 42 L.R.A. 462. 
 
 TIDE LAND. 
 
 1. Generally. 
 
 Rights in, see WATERS, 14, 15. 
 
 Acquisition of, by eminent domain. 66 
 
 L.R.A. 897. 
 Location of mining claim on. 7 L.R.A. 
 
 (N.S.) 790. 
 
 2. Title to. 
 
 Of municipality, see MUNICIPAL CORPORA- 
 TIONS, 71. 
 
 Title to. 42 L.R.A. 162. 
 Title to land at high and low water marks. 
 45 L.R.A. 227. 
 
 3. Grant of. 
 
 Right of state to grant. 22 L.R.A. (N.S.) 
 
 337. 
 Right of state to grant tide land so as to 
 
 destroy wharfage right of shore owner. 
 
 63 L.R.A. 264. 
 'Grant of, to municipal corporation. 3 
 
 L.R.A. (N.S.) 822. 
 Federal grant of lands under navigable 
 
 water in territory. 1 L.R.A. (N.S.) 
 
 745. 
 How far within protection of covenants in 
 
 deed. 62 L.R.A. 763. 
 'Consult also L.R.A. Digests of Cases. 
 
 TIGER. 
 
 Liability for injury by. 52 L.R.A.(N.S.) 
 378. 
 
 4 
 
 TIMBER. 
 
 1. Generally. 
 
 Measure of damages for wrongful cutting 
 or destruction of, see DAMAGES, 75. 
 
 Rights of life tenant as to, see LIFE TEN- 
 ANTS, 5. 
 
 See also LOGS AND LOGGING; LUMBER; 
 TREES. 
 
 Determining income from -timber lands for 
 
 purpose of income tax. L.R.A.1917E, 
 
 573. 
 
 Organization of timber lands into munici- 
 pal corporation. L.R.A.1918B, 1090. 
 Title to, when wrongfully severed. 32 
 
 L.R.A. 422. 
 Jurisdiction of action for conversion of, 
 
 from land in another state or country. 
 
 26 L.R.A. (N.S.) 940; 34 L.R.A. (N.S.) 
 
 994. 
 Interest of one other than owner of soil in 
 
 timber as separate subject of taxation. 
 
 17 L.R.A. (N.S.) 693. 
 Timber rights of life tenant. 37 L.R.A. 
 
 (N.S.) 763. 
 
 Liability of one setting fire to timber caus- 
 ing spread to property of others. 21 
 
 L.R.A. 262. 
 Right as between owner of land and owner 
 
 of timber thereon to annual product of 
 
 the trees. L.R.A.1915E, 307. 
 Title and right to stranded timber. 43 
 
 L.R.A.(N.S.) 460. 
 Right to timber on railroad right of way 
 
 as between company and fee owner. 45 
 
 L.R.A.(N.S.) 801. 
 Jurisdiction of action for conversion of 
 
 from land in another state or country. 
 
 44 L.R.A.(N.S.) 268. 
 Specific performance of timber contracts. 
 
 L.R.A.1918E, 621. 
 
 2. Conveyance of title to standing 
 timber without title to land. 
 
 Oral contract .for gale of timber, see CON- 
 TRACTS, 43. 
 
 In general. 55 L.R.A. 513. 
 
 Nature of purchaser's estate; effect to pass 
 
 title. 55 % L.R.A. 514; 6 L.R.A. 
 
 (N.S.) 469; 47 L.R.A. (N.S.) 870. 
 
 As realty or personalty. 13 L.R.A. 
 
 (N.S.) 278. 
 Incidental rights of purchaser. 55 L.R.A. 
 
 517. 
 Prerequisites to passing of title ; selection of 
 
 trees. 55 L.R.A. 519. 
 Selection or designation of part sold out of 
 
 a larger lot. 26 L.R.A. (N.S.) 37. 
 Payment of purchase price. 55 L.R.A. 520.
 
 1300 
 
 INDEX TO L.R.A. XOTES. 
 
 TIMBER cont'd 
 
 For what purpose timber may be used. 55 
 L.R.A. 525. 
 
 Effect of purchaser's knowledge of third 
 person's timber rights in action for 
 breach of covenant against encum- 
 brances. 4 L.R.A.(N.S.) 319. 
 
 3. what timber included in con- 
 veyance. 
 
 In general. 55 L.R.A. 522. 
 Size of timber, generally. 55 L.R.A. 523. 
 Mode of determining size. 55 L.R.A. 523. 
 Time of determining size and suitability. 
 55 L.R.A. 524. 
 
 4. time for removal generally; 
 forfeiture of rights. 
 
 Rights under conveyance or reservation of 
 timber not specifying time for re- 
 moval. 3 B. R. C. 873. 
 
 Must timber sold or reserved without speci- 
 fying time be removed within rea- 
 sonable time. 46 L.R.A. (N.S.) 
 672. 
 
 Effect of expiration of time for removal of 
 timber. 47 L.R.A. (N.S.) 882. 
 
 When title to timber is in vendee. 29 
 L.R.A. (N.S.) 547. 
 
 5. extension of time to remove. 
 
 Construction and effect of provision for ex- 
 tension of time for removal of standing 
 timber. 34 L.R.A.(N.S.) 615. 
 
 Interference by owner of soil with removal 
 of timber during term fixed by lease or 
 sale as extending time for removal. 34 
 L.R.A.(N.S.) 120. 
 
 6. Right to cut. 
 
 Custom as to cutting, see CUSTOM AND 
 USAGE, 5, 6. 
 
 Injunction against trespass to cut, see IN- 
 JUNCTION, 23. 
 
 Tenant's right to cut, see LANDLOBD AND 
 TENANT, 54. 
 
 Cutting of trees, see TREES, 2. 
 
 On public land, see PUBLIC LANDS, 3. 
 
 Injunction against trespass to cut. L.R.A. 
 1917C, 236. 
 
 Right of tenant to cut wood for fires or 
 fences. 68 L.R.A. 643. 
 
 Constitutionality of legislation restricting 
 or regulating the right to cut timber 
 on private land. 19 L.R.A. (N.S.) 422. 
 
 Right of owner or lessee of mineral in place 
 to cut timber upon the surface of the 
 land. 48 L.R.A. (N.S.) -892. 
 
 Responsibility of one who assumes to sell 
 land or the timber thereon for tres- 
 pass by another claiming under or 
 through him in cutting the timber. 
 L.R.A.1918D, 220. 
 
 7. Liability for acts of independent 
 contractors as to. 
 
 Liability for torts of independent con- 
 tractor in cutting. 16 L.R.A. (N.S.) 
 255. 
 
 Employer's nonliability for torts of inde- 
 pendent contractor in hauling of. 65 
 L.R.A. 654. 
 
 TIMBER cont'd 
 
 Persons undertaking operations connected 
 with handling of, as independent con- 
 tractors. 65 L.R.A. 469; 17 L.R.A. 
 (N.S.) 375. 
 
 TIMBER CULTURE ACTS. 
 
 Right to cut timber on public lands under. 
 70 L.R.A. 904. 
 
 Begin with this booTc on every law question. 
 
 TIME. 
 
 I. In general, 1-12. 
 II. Standard or solar time, 13. 
 
 III. Fractions of day; month, 14, 
 
 15. 
 
 IV. Computation of time, 16-19. 
 
 I. In general. 
 
 1. Generally. 
 
 Of accrual of cause of action, see ACTION OR 
 SUIT, 7. 
 
 For taking appeal, see APPEAL AND ERROR, 
 IV. e. 
 
 Of filing or recording chattel mortgage, see 
 CHATTEL MORTGAGE, 19. 
 
 For presenting check for payment, see 
 CHECKS, 11. 
 
 To present claim generally, see CLAIMS, 2. 
 
 To present claim against decedent's estate, 
 see EXECUTORS AND ADMINISTRATORS, 
 40, 41. 
 
 Condition for construction of railroad with- 
 in specified time, see CONDITIONS, 9. 
 
 Date, see DATE. 
 
 For voting, see ELECTIONS, 13. 
 
 For eminent domain proceedings, see EMI- 
 NENT DOMAIN, 28. 
 
 Judicial notice as to, see EVIDENCE, 13. 
 
 Presumption as to time of alteration of in- 
 strument, see EVIDENCE, 9 la. 
 
 Extension of, see EXTENSION, 2. 
 
 Allegations ap to time, in indictment, see 
 INDICTMENT, etc., 5. 
 
 During which sale of liquor is prohibited, 
 see INTOXICATING LIQUORS, 24, 25. 
 
 Of judicial sale, see JUDICIAL SALE. 3, 4. 
 
 Time within which suit must be com- 
 menced, see LIMITATION OF ACTIONS. 
 
 Statutory regulation as to time of payment 
 of wages, see MASTER AND SERVANT, 
 31. 
 
 To file mechanics' lien, see MECHANICS* 
 LIENS, 28, 29. 
 
 Of redemption from foreclosure sale, see 
 MORTGAGE, 90. 
 
 Of notice, see NOTICE, 11. 
 
 Of payment, see PAYMENT, 17. 
 
 For recording instrument, see RECORDS AND- 
 RECORDING LAWS, 23. 
 
 Of suing for purchase money of goods sold, 
 see SALE, 46. 
 
 As affecting right to specific performance, 
 see SPECIFIC PERFORMANCE, 2. 
 
 Of passage and taking effect of act, see 
 STATUTES, 7.
 
 INDEX TO L.R.A. NOTES. 
 
 1301 
 
 TIME, I. cont'd 
 
 For assessment of property, see TAXES, 
 
 55. 
 
 As of what time property valued for taxa- 
 tion purposes, see TAXES, 58. 
 For redemption from tax sale, see TAXES, 
 
 84. 
 At which testamentary capacity exists, see 
 
 WILLS, 13. 
 For determination of persons taking under 
 
 will, see WILLS, 97. 
 To which contingency is referable, see 
 
 WILLS, 100. 
 
 Of vesting of remainder, see WILLS, 102. 
 At what time equitable conversion occurs, 
 
 see W T ILLS, 118. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 708. 
 
 As to what time question of dependency 
 within meaning of Workmen's Compen- 
 sation Statutes must be determined. 
 L.R.A.1918F, 492. 
 
 Of what time rights are to be determined in 
 estimating compensation to be paid 
 public utility company upon taking its 
 plant. 47 L.R.A.(N.S.) 790. 
 
 Time as of which valuation of public service 
 property is to be made. L.R.A.1916F, 
 663. 
 
 Time as of which valuation of decedent's 
 estate is to be taken for assignment of 
 share of surviving spouse. 3 B. R. C. 
 973. 
 
 Tor ascertaining value of land for purpose 
 of assigning dower. 3 B. R. C. 951. 
 
 Of filing petition for initiative or referen- 
 dum. L.R.A.1917B, 34. 
 
 Of affixing revenue stamp to instrument. 
 48 L.R.A. 315. 
 
 Of making entries in books of account as 
 affecting their admissibility in evi- 
 dence. 52 L.R.A. 583. 
 
 Of inspection of corporate books. 45 L.R.A. 
 450. 
 
 Time allowed tenant for removal of crop. 
 35 L.R.A.(N.S.) 707. 
 
 Lapse of, as curing defect in title. 38 
 L.R.A. (N.S.) 36. 
 
 For repair of defects in street car track. 
 52 L.R.A. 456. 
 
 As of what time conversion takes place 
 under direction to sell real property 
 which postpones sale to definitely as- 
 certainable time subsequent to testa- 
 tor's death. 20 L.R.A. (N.S.) 65. 
 
 For determining eligibility of officer. 23 
 L.R.A.(N.S.) 1228; 41 L.R.A.(N.S.) 
 1119. 
 
 Is competency of attesting witness to a 
 will to be determined as of time of at- 
 testation or of probate. 35 L.R.A. 
 (N.S.) 686. 
 
 For making arrest as affecting officer's lia- 
 bility. 51 L.R.A. 214. 
 
 As of what time assessed valuation is to be 
 taken for purpose of determining the 
 debt limit of a state or municipality. 
 28 L.R.A.(N.S.) 149. 
 
 Time to which bad character or reputation 
 of plaintiff in libel or slander has ref- 
 erence for purpose of mitigating dam- 
 ages. 38 L.R.A.(N.S.) 1184. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TIME, I cont'd 
 
 Of statements made some time after acci- 
 dent as affecting admissibility as res 
 gestai. 42 L.R.A. 921. 
 
 Of offer of marriage as affecting defense to 
 prosecution for seduction. 29 L.R.A 
 (N.S.) 422. 
 
 Time at which a partial payment by check 
 or draft arrests running of limita- 
 tions. 1 B. R. C. 494. 
 
 Presumption as to time of alteration in 
 written instrument. 39 L.R.A. (N.S.) 
 ]00. 
 
 Presumption as to receipt of communica- 
 tion sent through mail in due course 
 of mail. 49 L.R.A. (N.S.) 465. 
 
 Time as of which residence is fixed in de- 
 termining what is nonresidence for the 
 purpose of debtor's exemption. L.R.A. 
 1915A, 424. 
 
 Necessity of and time for acceptance of 
 resignation by employee of a private 
 employer. L.R.A.1915D, 477. 
 
 Necessity and sufficiency of allegation or 
 proof as to time of injury to persons 
 or property on railroad track. L.R.A. 
 19 ISA, 781. 
 
 Time covered by recognizance or bail bond 
 in criminal case. L.R.A.1916F, 363. 
 
 Allowing reasonable time to purchaser at 
 judicial sale to examine title. 52 L.R.A. 
 (N.S.) 751. 
 
 Power of judge pro tern on rendition of 
 judgment to allow time for preparing 
 or filing bill of exceptions or case 
 made. 42 L.R.A. (N.S.) 623. 
 
 Proximate cause of damage from fire, as 
 affected by. 42 L.R.A. (N.S.) 759. 
 
 Variance between allegation and proof as 
 to time in action against railroad com- 
 panv for setting out fires. 41 L.R.A. 
 (N.S.) 635. 
 
 2. Juridical matters. 
 
 Matters as to judgments, see infra, 8. 
 For taking appeal, see APPEAL AND EBBOB, 
 
 14, 15. 
 For executing appeal bond, see APPEAL AND 
 
 ERBOB, 16. 
 
 For objections and exceptions, see APPEAL 
 i AND EBBOB, 24a. 
 Of issuing execution, see EXECUTION, 5, 
 
 6. 
 Of rendition of judgment, see JUDGMENT, 
 
 17, 18. 
 
 Of serving pleading, see PLEADING, 8, 9. 
 Of amendment of pleading, see PLEADING, 
 
 11. 
 
 For application to remove action to Feder- 
 al court, see REMOVAL OF CAUSES, 14. 
 Limiting time of counsel's argument, see 
 
 TBIAL, 17. 
 
 Of receiving verdict, see TBIAL, 77. 
 Of issuing writ, see WBIT AND PBOCESS, 
 
 3. 
 Of service of process, see WBIT AND PBOC- 
 
 KSS, 10. 
 
 Does standard or solar time govern legal 
 proceedings. 6 L.R.A. 1046. 
 
 Time from which order appointing receiver 
 becomes operative. 15 L.R.A. (N.S.) 
 657.
 
 1302 
 
 INDEX TO L.E.A. NOTES. 
 
 TIME, I cont'd 
 
 Effect of failure to file referee's report 
 
 within proper time. 34 L.R.A. (N.S.) 
 
 581. 
 Of organization of grand jury. 27 L.R.A. 
 
 785. 
 Of raising defense of former jeopardy. 
 
 L.R.A.1917A, 1233. 
 For making admission or request to open 
 
 and close. 61 L.R.A. 534. 
 Right to limit time of argument of counsel 
 
 for accused. 25 L.R.A. (N.S.) 1027. 
 For giving of security in Federal Supreme 
 
 Court. 66 L.R.A. 858. 
 For correction of record on appeal. 31 
 
 L.R.A.(N.S.) 209. 
 For making application for mandamus to 
 
 compel filing of petition for referendum. 
 
 50 L.R.A. (N.S.) 218. 
 For bringing action in connection with in 
 
 itiative and referendum election. 
 
 L.R.A.1917B, 32. 
 Time of discovery of evidence as affecting 
 
 bill of review. 30 L.R.A.(N.S.) 1038. 
 
 3. Contractual matters generally. 
 
 Certainty as to, as element of negotiability, 
 
 see BILLS AND NOTES, 21. 
 For presentment of commercial paper, see 
 
 BILLS AND NOTES, 52. 
 Of maturity of negotiable paper, see BILLS 
 
 AND NOTES, 54-57. 
 
 For performance of contract, see CON- 
 TRACTS, 63, 132. 
 Limitation as to, in contract in restraint 
 
 of trade, see CONTRACTS, 108. 
 Time of payment, see PAYMENT, 17. 
 Release of surety by extension of time, see 
 
 PRINCIPAL AND SURETY, 15. 
 Of passing of title to personalty, see SALE, 
 
 2, 9-13. 
 For removal of timber conveyed, see TIM- 
 
 BER, 
 
 4, 5. 
 
 For assent to assignment or deed of trust 
 for creditors. 24 L.R.A. 379, 384. 
 
 For assent and execution of release pro- 
 vided for in assignment for creditors. 
 50 L.R.A. (N.S.) 744. 
 
 Time for exercising option reserved in con- 
 tract of sale to roturn or resell prop- 
 erty. 50 L.R.A. (N.S.) 594. 
 
 Time of consummation of contract when 
 offer by letter is accepted by telegram, 
 or vice versa. L.R.A.1916A, 1302. 
 
 Of resale of goods on purchaser's refusal to 
 accept. 42 L.R.A. (N.S.) 681, 683. 
 
 Of signing as surety for surety. 21 L.R.A. 
 249. 
 
 For notice of default to bind guarantor. 
 20 L.R.A. 264. 
 
 Limitation as to time in grant of water 
 power. 67 L.R.A. 397. 
 
 Of consummating contract when offer by 
 letter is accepted by telegram, or vice 
 
 versa. 6 L.R.A. (N.S.) 1016. 
 Time for delivery of goods sold to be de- 
 
 TIME, I. cont'd 
 
 Effect of statute of frauds upon right to ex- 
 tend by parol time for performance of 
 written contract. L.R.A.1917B, 171. 
 
 4. Insurance matters. 
 
 Of payment of insurance premium or as- 
 sessment, see INSURANCE, 113, 114. 
 
 Of giving proofs or notice of loss, death, 
 accident, or sickness, see INSURANCE, 
 146. 
 
 Of demanding paid-up policy. 15 L.R.A. 
 449; 51 L.R.A. (N.S.) 1044. 
 
 From what time does notice of cancelation 
 of fire insurance become effective. 35) 
 L.R.A.(N.S.) 829. 
 
 Time within which demand by insurer for 
 arbitration, appraisal, inspection, or re- 
 inspection must be made. L.R.A. 1917A, 
 1086. 
 
 Of notice of assignment of policy to credit- 
 or. 50 L.R.A. 41. 
 
 Of examination of insured under provision 
 as to producing books and papers. 51 
 L.R.A. 706. 
 
 Scope of release under policy indemnify- 
 ing insured against loss of time by 
 sickness or accident. 24 L.R.A. (N.S. > 
 211. 
 
 Effect of provision in employer's liability 
 or other indemnity policies, requiring 
 immediate notice of accident, claim or 
 suit. 3 B. R. C. 723. 
 
 Date from which the period to which a de- 
 fense is limited in life insurance policy 
 is to be computed. L.R.A.1915F, 703;. 
 L.R.A.1917B, 105. 
 
 5.. Matters as to carriers. 
 
 For removal of goods by consignee, see CAR- 
 RIERS, 118. 
 
 Stipulation as to time of giving notice to, 
 or commencing suit against, carrier,, 
 see CARRIERS, 133. 
 
 Time allowed for passenger to alight. 4' 
 
 L.R.A.(N.S.) 140.. 
 
 Limitation of time within which transporta- 
 tion tickets may be used. L.R.A.1918A,. 
 
 779. 
 Time limit for exercise of transit privilege. 
 
 L.R.A.1918A, 180. 
 Validity and effect of provision in carrier'* 
 
 contract as to time of valuation of 
 
 property for purpose of determining 
 
 amount of damages. L.R.A.1918B, 720. 
 Right of carrier to receive in afternoon, 
 
 valuables to go on morning train. 15 
 
 L.R.A.(N.S.) 558. 
 Right of street railway company to limit 
 
 time for using transfer. 8 L.R.A. 
 
 (N.S.) 287; 52 L.R.A. (N.S.) 908. 
 Of notice to warrant special damages for 
 
 carrier's failure to deliver property. 3 
 
 L.R.A.(N.S.) 1111. 
 
 Extent of ticket agent's implied authority 
 31 L.R.A. (N.S.) 
 
 as to time of arrival. 
 
 232. 
 
 livered in reasonable instalments, or in j Delegation by legislature to railroad corn- 
 instalments as required by purchaser, j mission of power as to time of trains. 
 L.R.A.1918A, 609. 32 L.R.A. (N.S.) 653. 
 
 Begin icitJi tJns booh on every laiv question.
 
 INDEX TO L.R.A. NOTES. 
 
 1303 
 
 TIME, I. cont'd 
 
 6. reasonableness of time. 
 
 Of time allowed for passengers to alight. 
 4 L.R.A.(N.S.) 140. 
 
 Of time for termination, of passengers re- 
 lation after reaching destination. 2 
 L.R.A. (N.S.) 875. 
 
 Of time within which transportation tickets 
 may be used. L.R.A.1918A, 780. 
 
 Reasonableness of time fixed in contract of 
 shipment of goods or live stock for 
 bringing action. L.R.A.1916D, 350. 
 
 Reasonableness of time fixed in a contract 
 of shipment of livestock for presenta- 
 tion of claim for damages. 7 L.R.A. 
 (N.S.) 1041; L.R.A.1916D, 341. 
 
 What is a reasonable time for removal of 
 goods by consignee after which liability 
 of carrier as such terminates. 8 
 L.R.A.(N.S.) 240; 16 L.R.A. (N.S.) 
 935; 25 L.R.A. (N.S.) 938. 
 
 Reasonableness of time for keeping passen- 
 ger station open before arrival 6r after 
 departure of train. 1 L.R.A. (N.S.) 
 851. 
 
 7. Accounts stated. 
 
 Time necessary to constitute account stat- 
 ed. 27 L.R.A. 823. 
 
 Time within which objection to a state- 
 ment of account mav be made. 29 
 L.R.A.(N.S.) 341. 
 
 Length of time necessary for retaining 
 statement' of account to render it an 
 account stated. 29 L.R.A.(N.S.) 342; 
 L.R.A.1917C, 453. 
 
 8. Matters as to judgments. 
 
 Rule of, as to priority of judgment. 38 
 
 L.R.A. 243. 
 Of attaching of lien of Federal judgment. 
 
 47 L.R.A. 478. 
 Allowing vendor reasonable time to perfect 
 
 title by decree for specific performance. 
 
 30 L.R.A.(N.S.) 25. 
 
 0. Matters as to mines. 
 
 Of recording mining location. 7 L.R.A. 
 (N.S.) 878. 
 
 Of performance of requirements for loca- 
 tion of mining claim. 7 L.R.A. (N.S.) 
 885. 
 
 Of marking location of mining claim on 
 the ground. 7 L.R.A. (N.S.) 857. 
 
 10. I, oss of, as element of damages. 
 
 Time lost, as element of damages for per- 
 sonal injuries, see DAMAGES, 61. 
 
 Loss of time as element of damages for de- 
 struction or loss of use of implements 
 or tools of laborer or professional man. 
 25 L.R.A. (N.S.) 625. 
 
 Loss of time as element of d<nnages in ac- 
 tion against telegraph company. 52 
 L.R.A.(N.S.) 1180. 
 
 11. Of death. 
 
 ^Yhen homicide deeriied to be committed. 
 
 34 L.R.A. 851. 
 Consult also L.R.A. Digests of Cases. 
 
 TIME, I. cont'd 
 
 Instantaneous death as test of right of 
 action or amoufat of recovery. L.R.A. 
 1916C, 973. 
 
 Abridgement of time necessary to raise pre- 
 sumption of death. L.R.A.1915B, 744. 
 
 Presumption as to time of death of one 
 presumed to be dead after seven years 
 absence, unheard of. 26 L.R.A. (N.S.) 
 294; L.R.A.1915B, 756. 
 
 12. Reasonableness of. 
 
 In matters relating to carriers, see supra, 
 
 6. 
 Question for jury as to, see TRIAL, 24. 
 
 Of period allowed by new statute of limi- 
 tations in respect of existing causes of 
 action. 7 L.R.A.(N.S.) 715; 21 L.R.A. 
 (N.S.) 157. 
 
 Of time of retaining statement of account 
 as question for court or jury. 29 
 L.R.A.(N.S.) 341. 
 
 Reasonableness of time for removal of tim- 
 ber sold or reserved without specifying 
 time. 55 L.R.A. 534; 46 L.R.A.(N.S.) 
 681; 3 B. R. C. 895. 
 
 "Admissibility of extrinsic evidence as to 
 reasonableness of time for delivery of 
 goods where none is specified in writ- 
 ten contract. 31 L.R.A.(N.S.) 620. 
 
 Of limitation on time of argument of coun- 
 sel for accused. 25 L.R.AJN.S.) 1030. 
 
 II. Standard or solar time. 
 
 13. Generally. 
 
 Standard or solar time as the criterion in 
 determining questions dependent upon 
 time. 35 L.R.A. (N.S.) 611. 
 
 Does standard or solar time govern legal 
 proceedings. 6 L.R.A. (N.S.) 1046. 
 
 Intention of parties to contract to adopt 
 standard instead of sun time. 1 L.R.A. 
 (N.S.) 364. 
 
 III. Fractions of day; month. 
 
 14. Fractions of day. 
 
 Fractions of day as determining prior it je 
 or precedence of rights. 1 L.R.A. 
 (N.S.) 835. 
 
 15. Month. 
 
 Meaning of "month." 12 L.R.A. 770.* 
 
 IV. Computation of time. 
 
 16. Generally. 
 
 Compilation of legislative davs. 17 L.R.A. 
 
 66. 
 For instituting proceedings to transfer 
 
 cause to Federal Supreme Court. 66 
 
 L.R.A. 848. 
 Computation of period of abandonment as 
 
 affected bv insanity of defendant. 16 
 
 L.R.A.(N.S.) 1071." 
 
 Computation of time of receipt of communi- 
 cation sent through mail. 49 L.ll.A. 
 
 (N.S.) 466.
 
 1304 
 
 INDEX TO L.R.A. NOTES. 
 
 TIME, IV. cont'd 
 
 Date from which the period to which a de- 
 fense is limited in life insurance 
 policy is to be computed. L.R.A. 
 1915F, 703; L.R.A.1917B, 105. 
 Right to compute minimum statutory peri- 
 od for presentation of claims against 
 telegraph company from date of filing 
 message. 34 L.R.A.(N.S.) 185. 
 
 17. Rule as to first and last days 
 in. 
 
 General rule as to inclusion or exclusion. 
 
 49 L.R.A. 193; 15 L.R.A.(N.S.) 686. 
 
 Early rule as to which day is counted. 49 
 
 L.R.A. 194. 
 The modern common-law doctrine. 49 
 
 L.R.A. 195. 
 
 The statutory rule. 49 L.R.A. 198. 
 Construction and particular provisions as 
 to time. 49 L.R.A. 199; 15 L.R.A. 
 (N.S.) 686. 
 
 The rule when Sunday or a holiday is the 
 first or last day. 49 L.R.A. 203 ; 
 15 L.R.A.(N.S.) 687; 38 L.R.A. 
 (N. S.) 1162; 3 B. R. C. 678. 
 Application of rules with reference to sub- 
 ject-matter and surrounding cir- 
 cumstances. 49 L.R.A. 205; 15 
 L.R.A.(N.S.) 688. 
 
 To statutes of limitations. 49 L.R.A. 
 212; 15 L.R.A.(N.S.) 688: 38 
 L.R.A.(N.S.) 1160. 
 
 Miscellaneous provisions for time. 49 
 L.R.A. 246; 15 L.R.A.(N.S.) 691. 
 
 18. counting or excluding holiday. 
 
 Where first or last day falls on holiday. 19 
 L.R.A. 316; 49 L.R.A. 203; 15 L.R.A. 
 (X.S.) 687. 
 
 Computation of time for bringing action 
 when first or last day falls on. 38 
 L.R.A. (N.S.) 1162. 
 
 Computation of days of grace allowed for 
 payment of insurance premium or as- 
 sessment where date of payment or ex- 
 piration of such period falls on Sunday 
 or holiday. 23 L.R.A. (X.S.) 759. 
 
 19. counting or excluding Sunday. 
 
 Rule when Sunday is first or last day. 49 
 L.R.A. 203; 15 L.R.A. (N.S.) 687; 38 
 L.R.A.(N.S.) 1162. 
 
 Computation of time for bringing action 
 when first or last day falls on. 38 
 L.R.A.(N.S.) 1162. 
 
 Computation of days of grace allowed for 
 payment of insurance premium or as- 
 sessment where date of payment or ex- 
 piration of such period falls on Sunday. 
 23L.R.A.(N.S.) 759. 
 
 TIME CLOCK. 
 
 Right of master to withhold wages of serv- 
 ant for failure to record his time. 45 
 L.R.A.(N.S.) 644. 
 
 TIME TABLES. 
 
 Effect of carrier's limitation of liability in, 
 on liability for default or delay in run- 
 ning trains. 32 L.R.A. 544. 
 
 Train despatchers representing railroad 
 company as to special order suspending 
 regular time tables. 54 L.R.A. 92. 
 
 Right of one about to cross railroad track, 
 to rely on. 17 L.R.A. (N.S.) 1253. 
 
 TIN TOP. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A. (X.S.) 316. 
 
 TIPS. 
 
 Servant's right as to tips received by him. 
 41 L.R.A. (X.S.) 1217. 
 
 TIRES. 
 
 Validity of statute or ordinance regulating 
 width of tires of vehicles in city streets. 
 31 L.R.A.(N.S.) 685. 
 
 TITHES. 
 
 Of bees. 40 L.R.A. 689. 
 
 Begin icilh this booh on every law question. 
 
 TITLE. 
 
 1. Generally. 
 
 By adverse possession, see ADVERSE POSSES- 
 SION. 
 
 Abstract of, see ABSTKACTS. 
 
 Bond for, see BOND FOB TITLE. 
 
 Cloud on, see CLOUD ON TITLE. 
 
 Covenant of warranty of. see COVKNANTS, 
 13, 31-33. 
 
 Title acquired in eminent domain, see EMI- 
 NENT DOMAIN, 24-26. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 104, 105. 
 
 Evidence as to, see EVIDENCE, 281. 
 
 Of purchaser at judicial sale, see JUDICIAL 
 SALE, 14. 
 
 Slander of, see LIBEL AND SLANDER, 31. 
 
 Record of, see RECOBDS AND RECORDING 
 LA\VS, IV. 
 
 Passing of, on sale of personal property, see 
 SALE, 9-13. 
 
 Warranty of, on sale of personalty, see SALE, 
 28". * 
 
 Reservation of, on sale of property, see 
 SALE, 15. 
 
 Of statute, see STATUTES, 13, 14. 
 
 To funds collected by bank, see BANKS, 32. 
 
 Effect of easement on title to land, see EASE- 
 MENTS, 4, 5.
 
 INDEX TO L.R.A. NOTES. 
 
 1305 
 
 TITLE cont'd 
 
 Effect of fraudulent conveyance on legal 
 
 title, see FRAUDULENT CONVEYANCES, 
 
 4. 
 Transfer of, by guaranty, see GUARANTY, 
 
 4. 
 
 Acquisition of, by tenant, see LANDLORD AND 
 TENANT, 44. 
 
 Notice of, from possession of land, see NO- 
 TICE, 17. 
 
 Tax title, see TAXES, 81a. 
 
 As between vendor and purchaser, see 
 VENDOR AND PURCHASER, 15-18. 
 
 Specific performance of contract in relation 
 to title papers. L.R.A.1918E, 627. 
 
 Distinguished from estate. 15 L.R.A. 68. 
 
 When title passes in eminent domain pro- 
 ceedings. 16 L.R.A. (N.S.) 537. 
 
 Conclusiveness of judgment or order in con- 
 demnation proceedings as a settlement 
 of question of title between rival claim- 
 ants to the award. L.R.A.1917A, 690. 
 
 Effect of defendant's mistake of fact as to, 
 on right to specific performance of con- 
 tract induced by the mistake. 15 
 L.R.A.(N.S.) 85. 
 
 Right to preliminary injunction which 
 would have effect of transferring pos- 
 session of property, title to which is in 
 dispute, from defendant to plaintiff. 39 
 L.R.A.(N.S.) 31. 
 
 Necessity and character of title of plaintiff 
 to sustain action of trespass quare 
 clausum fregit. 30 L.R.A. (N.S.) 243. 
 
 Reservation of, in bailments for sale as 
 against creditors of bailor and bailee. 
 22 L.R.A. 850. 
 
 Transfer of title to note by indorsement in 
 form of guaranty. 41 L.R.A.(N.S.) 
 1009; L.R.A.1915C, 661. 
 
 Right to inspect account books of public 
 officers as to. 27 L.R.A. 82. 
 
 What entry or record of judgment is neces- 
 sary for purpose of vesting. 28 L.R.A. 
 G34. 
 
 Want of legal title as affecting set-off 
 against assigned judgment. 23 L.R.A. 
 338. 
 
 Statements as to, as a fraud. 35 L.R.A. 
 420, 438. 
 
 Right to rely on representations as to. 37 
 L.R.A. 603. 
 
 Estoppel of one who permits the title of 
 real property to stand in another's 
 name to assert title as against the lat- 
 ter's creditors. 46 L.R.A. (N.S.) 1097. 
 
 Trial of title to property in proceedings in- 
 stituted by search warrant. 46 L.R.A. 
 (N.S.) 970. 
 
 Title to money deposited in mail or with 
 carrier. L.R.A.1918A, 534. 
 
 Yielding to adverse claimant as affecting 
 buyer's right to assert breach of war- 
 ranty of title of personal property. 
 L.R.A.1918B, 1138. 
 
 Right of mortgagor or those claiming 
 through or under him to set up out- 
 standing title or to acquire outstanding 
 title to defeat the mortgage. L.R.A. 
 1918B, 734. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TITLE cont'd 
 
 Denial of, upon information and belief. 30 
 L.R.A. (N.S.) 777. 
 
 2. To what property. 
 
 To crops, see CROPS, 2. 
 
 To real property generally, see DEEDS, 
 28-31; REA"L PROPERTY, 3; VENDOR 
 AND PURCHASER, 15-18; WILL, 
 77-102. 
 
 To goods consigned, see FACTORS, 2. 
 
 To highway, see HIGHWAYS, IV. 
 
 To land on discontinuance of highway, see 
 HIGHWAYS, 112. 
 
 Of insured property, see INSURANCE, 
 66-73. 
 
 To property of religious societies, see RE- 
 LIGIOUS SOCIETIES, 3. 
 
 To tide land, see TIDE LANDS. 2. 
 
 To land between high and low water marks, 
 see WATERS, 16. 
 
 To islands, see WATERS, 23, 44. 
 
 To islands. 35 L.R.A. (N.S.) 227. 
 
 To accretions to shore lands. 58 L.R.A. 199. 
 
 To land flowed by damming back water of 
 stream. 59 L.R.A. 852. 
 
 Title to letters patent for inventions of serv- 
 ant. 2 L.R.A.(N.S.) 1173. 
 
 Effect on title to real property of appoint- 
 ment of foreign receiver. 23 L.R.A. 57. 
 
 Of mortgagee of future crops. 23 L.R.A. 
 464. 
 
 In whom legal title to partnership property 
 vests. 27 L.R.A. 460. 
 
 Of one taking monev from thief or em- 
 bezzler. 25 L.R.A.(N.S.) 631; L.R.A. 
 1917A, 707. 
 
 Effect of contract with regard to standing 
 timber to pass title to the same. 47 
 L.R.A.(N.S.) 870. 
 
 Title of owner to material employed in an 
 improvement made by him in a street 
 which the municipality has refused ta 
 accept. L.R.A.1915B, 187. 
 
 To escaped inanimate property. 43 L.R.A. 
 (N.S.) 460. 
 
 To goods which purchaser elects to return- 
 for credit pursuant to contract. L.R.A. 
 1916E, 1209. 
 
 TITLE BOND. 
 
 See BOND FOB TITLE. 
 
 
 
 TITLE DEEDS. 
 
 Equitable mortgage by deposit of. 19 L.R.A. 
 (N.S.) 206. 
 
 TOBACCO. 
 
 Sufficiency of identity of part of larger lot 
 sold. 26L.R.A.(N.S.) 32. 
 
 Power to prohibit or restrict use of to- 
 bacco. 51 L.R.A. (N.S.) 562. 
 
 Prohibition or regulation of the manufac- 
 ture, sale, or importation of tobacco. 
 L.R.A.1918B, 988.
 
 1300 
 
 INDEX TO L.R.A. NOTES. 
 
 TOBACCO cont'd 
 
 Effect on rights of innocent persons of con- 
 fiscation of tobacco under internal 
 revenue laws. L.R.A.191GE, 353. 
 
 As a family expense or necessary within 
 statute rendering wife or her property 
 liable therefor. L.R.A.1917F, 863. 
 
 TOKEN CURRENCY. 
 
 Validity of contract for, in violation of stat- 
 ute. 12 L.R.A.(N.S.) 610. 
 
 TOLL BRIDGES. 
 
 See BRIDGES, 8-10. 
 
 TOLLGATES. 
 
 Character of occupancy by keepers of. 4 
 L.R.A.(N.S.) 717. 
 
 TOLLING. 
 
 Of limitations, see LIMITATION OF ACTIONS. 
 
 TOLLROADS. 
 
 1. Generally. 
 
 Toll bridges, see BRIDGES, 8-10. 
 As to turnpikes, see TURNPIKES. 
 
 Exclusiveness of franchise of toll road or 
 
 turnpike. L.R.A.1917D, 339. 
 Compensation to be paid proprietors of, 
 
 on taking toll road for public use. 47 
 
 L.R.A.(N.S.) 795. 
 Legislative regulation of toll roads. 33 
 
 L.R.A. 180. 
 Character of occupancy of toll keeper. 4 
 
 L.R.A.(N.S.) 717. 
 Extension of city limits to include toll road, 
 
 as taking of property for which compen- 
 
 sation must be made. 17 L.R.A. (N.S.) 
 
 1071. 
 
 2. Tolls. 
 
 As to rates charged by public service 
 corporations, see RATES, 2. 
 
 Right to take toll on road within a city. 15 
 
 L.R.A. 651. 
 Right to take toll for use of road by automo- 
 
 bile. L.R.A.1917E, 562. 
 Necessity of franchise for taking tolls. 37 
 
 L.R.A. 715. 
 
 - * 
 
 TOLLS. 
 
 1. Generally. 
 
 As to rates charged by public service cor- 
 porations, see RATES, 2. 
 
 TOLLS cont'd 
 
 Legislative regulation of. 33 L.R.A. 177. 
 
 Delegation of municipal power as to. 20 
 
 L.R.A. 726. 
 Inspection of public toll books. 27 L.R.A. 
 
 82. 
 Under market regulations. 24 L.R.A. 587. 
 
 2. Right to take without franchise. 
 
 In general. 37 L.R.A. 711. 
 
 Mills. 37 L.R.A. 712. 
 
 Ferries. 37 L.R.A. 712. 
 
 Canals or other water ways. 37 L.R.A. 715. 
 
 Toll roads and bridges. 37 L.R.A. 715. 
 
 Fairs, markets, and sales. 37 L.R.A. 718. 
 
 Port charges. 37 L.R.A. 718. 
 
 3. For what. 
 
 Without franchise, see supra, 2. 
 
 For use of toll bridge, see BRIDGES, 10. 
 
 For use of ferry, see FERRIES, 7. 
 
 For use of mills, see MILLS, 4. 
 
 For use of toll roads, see TOLL ROADS, 2. 
 
 For appropriated water, see WATERS, 88. 
 
 For improvement of water way. 67 L.R.A. 
 
 835. 
 
 For use of navigable stream. 70 L.R.A. 273. 
 On bicycles. 47 L.R.A. 303. 
 Right of county, municipality, or town to 
 rent, or collect tolls for use of, 
 highway. 42 L.R.A.(N.S.) 836. 
 
 TOMBS AND TOMBSTONES. 
 
 As 
 
 part of funeral expenses. 33 L.R.A. 
 666; 52 L.R.A.(N.S.) 1158. 
 
 Injunctive relief against removal of. 3 
 L.R.A.(N.S.) 485. 
 
 Is money set aside under will or otherwise 
 for purpose of erecting tomb or monu- 
 ment subject to inheritance tax. 23 
 L.R.A.(N.S.) 474; L.R.A.1918A, 767. 
 
 Validity of testamentary provision for care 
 and maintenance of. 1 B. R. C. 931. 
 
 Allowance against deceased's estate for. 28 
 L.R.A.(N.S.) 572. 
 
 TONGS. 
 
 Master's liability for injury by defect in. 
 13 L.R.A.(N.S.) 679; 51 L.R.A. (N.S.) 
 337. 
 
 TONTINE POLICY. 
 
 Right to subject, to claims of creditors. 4 
 L.R.A.(N.S.) 456. 
 
 TOOLS. 
 
 Master's duty as to, see MASTER AND SERV- 
 ANT, III, a, 6. 
 
 Municipal liability for injury by tools in 
 
 Begin with this &oo7c on every law question. 
 
 street. 20 L.R.A. (N.S.) 613.
 
 INDEX TO L.R.A. NOTES. 
 
 1307 
 
 TORNADO. 
 
 
 
 Causes of loss covered by tornado insur- 
 ance. L.R.A.1915B, 1094. 
 
 TORPEDOES. 
 
 See SIGNAL TORPEDO. 
 
 TORRENS LAW. 
 
 See RECORDS AND RECORDING LAWS. 
 
 TORT-FEASOR. 
 
 See WBONGDOEBS. 
 
 TORTS. 
 
 1. Generally. 
 
 As to particular classes of torts, see spe- 
 cific title, e. g., AUTOMOBILES; CAB- 
 BiERS; CONSPIRACY; HIGHWAYS; MAL- 
 . ICE; MALICIOUS PROSECUTION; MASTEB 
 AND SERVANT; MOTIVE; MUNICIPAL 
 CORPORATIONS; NEGLIGENCE; EAIL- 
 BOADS; STREET RAILWAYS, etc. 
 
 Assignability of cause of action for, see 
 ASSIGNMENT, 5. 
 
 Provability of claim for, see BANKRUPTCY, 
 25a. 
 
 Right of action for generally, see CASE. 
 
 Conflict of laws as to, see CONFLICT OF 
 LAWS, 20-22. 
 
 Contribution between tort feasors, see CON- 
 TRIBUTION, 2. 
 
 Measure of damages for, generally, see 
 DAMAGES. 
 
 Exemplary damages for, see DAMAGES, II. 
 
 Loss of profits as element of damages for, 
 see DAMAGES, 108. 
 
 Right of action for causing death, see 
 DEATH, II. 
 
 Waiver of, see ELECTION OF REMEDIED, 3. 
 
 Exemption of homestead from liability for, 
 see HOMESTEAD, 7. 
 
 Injunction against, see INJUNCTION, 16, 
 17. 
 
 Liability for tort of keeper or inmate of 
 jail or prison, see JAILS AND PRISONS, 
 4. 
 
 Running of limitations against action based 
 on, see LIMITATION OF ACTIONS, 35, 
 40, 41, 51. 
 
 As to personal injuries generally, see PEB- 
 SONAL INJURIES. 
 
 Pleading as to, see PLEADING, 31. 
 
 Proximate cause in case of, see PROXIMATE 
 CAUSE, 3. 
 
 Release from liability for, see RELEASE. 
 
 Counterclaims in tort in actions on con- 
 tract, see SET-OFF AND COUNTERCLAIM, 
 14b. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TORTS cont'd 
 
 Municipal liability for, as a debt within 
 meaning of debt limit provisions. 
 L.R.A.1917E, 451. 
 
 Does statute disqualifying party as a wit- 
 ness, because of death of other party, 
 apply to actions ex delicto. L.R.A. 
 1916D, 811. 
 
 Liability for "shadowing" person. 43 
 L.R.A. (N.S.) 520. 
 
 Constitutionality of imprisonment for debt 
 in case of. 34 L.R.A. 640; L.R.A.1915B, 
 646. 
 
 Does statutory liability of stockholders for 
 debts of corporation include liability 
 for torts. 22 L.R.A. (N.S.) 256. 
 
 Rule of proximate cause in case of malicious 
 torts. 45 L.R.A. 87. 
 
 Exemption of homestead from liability for. 
 24 L.R.A. 789; 16 L.R.A. (N.S.) 947. 
 
 Equitable remedy to subject to judgment, 
 claim of damages for tort. 63 L.R.A. 
 703. 
 
 Garnishment of claims in tort. 59 L.R.A. 
 355. 
 
 Lien of attorney on cause of action for. 
 3 L.R.A.(N.S.) 379. 
 
 Effect of bankruptcy on liabilities for. 1 
 L.R.A. (N.S.) 202. 
 
 Right of action for tort for injury to per- 
 son other than physical as asset of 
 bankrupt. 43 L.R.A. (N.S.) 940. 
 
 Requisites of special verdict in action for. 
 24 L.R.A. (N.S.) 20. 
 
 Curing separate verdicts rendered in action 
 for joint tort. 10 L.R.A. (N.S.) 191. 
 
 Jurisdiction of action at law based on tort 
 against real property in another state 
 or country. 26 L.R.A.(N.S.) 933; 44 
 L.R.A.(N.S.) 268. 
 
 Avoidance by infant of release of cause of 
 action ex delicto. 11 L.R.A. (N.S.) 690. 
 
 Federal courts following state decisions as 
 to. 40 L.R.A. (N.S.) 437. 
 
 Application to claims for torts of statute or 
 ordinance requiring notice or presen- 
 tation as a condition of municipal lia- 
 bility. 50 L.R.A.(N.S.) 175. 
 
 2. Who liable for. 
 
 Liability of carrier for torts towards pas- 
 senger, see CARBIEBS, 10-15a. 
 
 Constable's liability for, see CONSTABLE, 
 2. 
 
 Liability of corporation for, see COBPO- 
 BATIONS, 36a. 
 
 Liability of corporate officers for, see COB- 
 PORATIONS, 56, 57a, 59. 
 
 Liability of county for, see COUNTIES, 8. 
 
 In what capacity personal representative 
 may be sued for, see EXECUTORS AND 
 ADMINISTRATORS, 21. 
 
 Liability of husband for torts of wife, see 
 HUSBAND AND WIFE, 11. 
 
 Married woman's liability for, see HUSBAND 
 AND WIFE. 24. 
 
 Action between husband and wife for, see 
 
 HuSBANp AND WlFE, 69a. 
 
 Liability of incompetent person for, see 
 
 INCOMPETENT PERSONS, 12. 
 Liability for infants for, see INFANTS, 24.
 
 1308 
 
 INDEX TO L.R.A. NOTES. 
 
 TORTS cont'd 
 
 Joint liability for, see JOINT CREDITORS AND 
 
 DEBTORS. 
 Master's liability for, see CARRIERS, 10, 
 
 14, 15a; MASTER AND SERVANT, IV.; 
 
 TRUSTS, 26. 
 Liability for torts of independent contractor 
 
 see MASTER AND SERVANT, IV, b. 
 Liability of servant for, see MASTER AND 
 
 SERVANT, V. 
 
 Municipal liability for, see MUNICIPAL COR- 
 PORATIONS, 72-101. 
 Officer's liability for, see OFFICERS, 40. 
 Parent's liability for, see PARENT AND 
 
 CHILD, 10. 
 Partner's liability for, see PARTNERSHIP, 
 
 14- 
 Principal's liability for, see PRINCIPAL AND 
 
 AGENT, 20. 
 Agent's liability for, see PRINCIPAL AND 
 
 AGENT, 42. 
 
 Sheriff's liability for, see SHERIFFS, 3. 
 Liability of state for, see STATE, 11. 
 Liability of trustee for torts of his servant, 
 
 see TRUSTS, 26. 
 
 Arbitrary or mala fide termination of part- 
 nership as basis of action in tort. 25 
 L.R.A. (N.S.) 959. 
 
 Liability of one who procures defamatory 
 testimony to be given. 4 B. R. C. 986. 
 
 Liability of school district or school cor- 
 poration for. 49 L.R.A.(N.S.) 1026. 
 
 Liability of marshal or constable for his 
 deputy's tort in making an arrest. 
 12 L.R.A.(N.S.) 1019; L.R.A.1915E, 
 172. 
 
 TOTAL DISABILITY. 
 
 Of insured, see INSURANCE, 178. 
 
 TOTAL LOSS. 
 
 Of insured property, see INSURANCE, 173. 
 
 TOWAGE. 
 
 Owners of tugs as independent contractors. 
 
 65 L.R.A. 471. 
 Action on contractor's bond for expense 
 
 of towage. 43 L.R.A. (N.S.) 170. 
 Services covered by towage agreement. 
 
 L.R.A.1915B, 1086. 
 Jurisdiction of admiralty over contract as 
 
 to. 66 L.R.A. 232. 
 Maritime lien for towage services. 70 
 
 L.R.A. 388. 
 
 TOWN HALL. 
 
 Power of town to construct for purposes 
 other than use by town officers. 26 
 L.R.A. (N.S.) 425." 
 
 TOWN HALL cont'd 
 
 Right of municipality to permit use of, or 
 
 to lease town hall for private purposes. 
 
 31 L.R.A. (N.S.) 580. 
 Liability of town for torts in connection 
 
 with. 25 L.R.A.(N.S.) 91. 
 
 TOWN MARSHALS. 
 
 As public officers. 36 L.R.A. (N.S.) 882. 
 
 Begin icith this ftoofc on every law question. 
 
 TOWNS. 
 
 1. Generally. 
 
 Estoppel of, see ESTOPPEL, I. 
 As to municipal corporations generally, see 
 MUNICIPAL CORPORATIONS. 
 
 Applicability of statute of limitations to 
 actions by. L.R.A.1916E, 99. 
 
 Parol evidence to vary or supplement min- 
 utes of town meeting. 50 L.R.A. (N.S.) 
 99. 
 
 As trustees of charities. 14 L.R.A. 70. 
 
 2. Creation and incorporation of. 
 
 Extrinsic evidence to show unconstitution- 
 ality of statutes incorporating towns, 
 14 L.R.A. 459. 
 
 3. Annexation or division of terri- 
 tory. 
 
 Power to use public funds to promote or de- 
 feat legislation as to. L.R.A.1917B, 
 358. 
 
 Power of legislature' as to annexation of 
 town to municipality. 27 L.R.A. 738. 
 
 Division of territory of, as affecting its 
 assets and liabilities. 39 L.R.A. (N.S.) 
 285. 
 
 4. Powers and rights. 
 Power to use public funds to promote the 
 passage or to secure the defeat of a law. 
 L.R.A.1917B, 358. 
 Power to employ attorney. L.R.A.1917D, 
 
 243. 
 
 On contingent fee. L.R.A.1917D, 263. 
 Right when entitled to services of offi- 
 cial attorney to employ other at- 
 torney in civil matters. L.R.A. 
 1917D, 257. 
 
 Power of, to remove officer in absence of 
 statutory authority. 9 L.R.A. (N.S.) 
 572; 39 L.R.A. (N.S.) 519. 
 Right to collect tolls for use of bridge or 
 
 highway. 42 L.R.A. (N.S.) 836. 
 Reputed father's right to custody or control 
 of illegitimate child as against. 65. 
 L.R.A. 694. 
 
 5. property rights. 
 
 Division of territory as affecting its assets. 
 
 39 L.R.A. (N.S/) 285. 
 Right to surrender valid claim upon partial 
 
 payment thereof. 19 L.R.A. (N.S.) 320.
 
 INDEX TO L.K.A. NOTES. 
 
 1309 
 
 TOWNS cont'd 
 6. Appropriations by. 
 
 Appropriations or use of moneys of. 
 L.R.A. 474. 
 
 14 
 
 7. Liabilities; indebtedness. 
 
 Bonds of, see BONDS, III. 
 
 Liability for injury on defective highway, 
 
 see HIGHWAYS,* 79. 
 Effect of contributory negligence on liabil- 
 
 ity of township for defects in highway, 
 
 see HIGHWAYS, 101. 
 
 Division of territory of, as affecting. 39 
 
 L.R.A. (N.S.) 285. 
 Liability as between counties and towns for 
 
 the expense of maintaining a boundary 
 
 hridge between counties. L.R.A.1916F, 
 
 524. 
 Liability for damage to vessel by bridge. 
 
 L.R.A.1915F, 1062. 
 Liability for injury by interference of 
 
 bridge with How of water. 59 L.R.A. 
 
 856. 
 Liability of townships for injury to em- 
 
 ployee engaged in repairing highway. 
 
 41 L.R.A. (N.S.) 1074. 
 Liability of township on negotiable paper 
 
 executed by officer of town. 21 L.R.A. 
 
 (N.S.) 1078. 
 When limitations begin to run against ac- 
 
 tion on township warrant. 10 L.R.A. 
 
 (N.S.) 478. 
 Holders as necessary parties to proceed- 
 
 ings to invalidate moneyed obligations 
 
 of. 3 L.R.A. (N.S.) 256. 
 Right of town authorities to reconsider ac- 
 
 tion as to allowance of claim. 21 
 
 L.R.A. (N.S.) 289. 
 Liability of territory annexed to township 
 
 to pay proportionate share of existing 
 
 debts. 27 L.R.A.(N.S.) 1147. 
 
 8. Officers. 
 
 Parol evidence to vary or supplement rec- 
 ords of. 50 L.R.A. (N.S.) 99. 
 
 Power of board to appoint officers or make 
 contract for term of office extending be- 
 yond its own term. 29 L.R.A. (N.S.) 
 652; L.R.A.1915E, 581. 
 
 Character and extent of relief by mandamus 
 against town board which has rendered 
 a decision on a ground not within its 
 discretion. 7 L.R.A. (N.S.) 525. 
 
 9. powers. 
 
 Power of town board to act as determined 
 
 by place of performance. 33 L.R.A. 
 
 86. 
 Liability of township on negotiable paper 
 
 executed by officer of town. 21 L.R.A. 
 
 (N.S.) 1078. 
 
 10. removal of. 
 
 Power of town to remove officer in absence 
 of statutory authority. 9 L.R.A. (N.S.) 
 672; 39 L.R.A. (N.S.) 519. 
 
 i 
 
 TOWN-SITE GRANTS. 
 
 See PUBLIC LANDS, 18. 
 
 ^Consult also L.R.A. Digests of Cases. 
 
 TRACK INSPECTORS. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1103. 
 
 TRACK REPAIRERS AXD I/A- 
 BORERS. 
 
 As fellow servants. 52 L.R.A. (N.S.) 1301. 
 
 TRACKS. 
 
 Right of witness to express opinion as to. 
 L.R.A.1918A, 732. 
 
 TRACTION ENGINE. 
 
 Lawfulness of use of, on highways. 16 
 L.R.A. 148. 
 
 TRADE. 
 
 Restraint of, see CONTBACTS, 107-109, 
 117, 118; MONOPOLY AND COMBINA- 
 TIONS. 
 
 Municipal control over nuisances, relating 
 to, see MUNICIPAL CORPORATIONS. 39. 
 
 As to unfair competition in, see UNFAIR 
 COMPETITION. 
 
 What is a "trade" within exemption laws. 
 
 L.R.A.1915F, 916. 
 Injunction by municipality against nuisance 
 
 relating to. 41 L.R.A. 326. 
 Solicitation of, as doing business within 
 
 state. 9 L.R.A. (N.S.) 1214: 23 L.R.A. 
 
 (N.S.) 834; L.R.A.1916E, 236. 
 
 4 
 
 TRADE FIXTURES. 
 
 See FIXTURES. 
 
 TRADE INDUCEMENTS. 
 
 As to trading stamps, see TBADING STAMPS. 
 
 Constitutionality of statute requiring prizes 
 or other inducements to attract trade 
 to be paid in cash. 41 L.R.A. (N.S.) 
 1041. 
 
 TRADEMARK. 
 
 I. In general, 1. 
 II. What may be, 2, 2a. 
 III. Invalidity of deceptive trademark, 
 
 3. 
 
 IV. Transfer of, 4, 5. 
 V. Protection, 6, 7.
 
 1310 
 
 INDEX TO L.R.A. NOTES. 
 
 TRADEMARK cont'd 
 VI. Extent of right,- exclusive \ise, 
 
 8, 9. 
 VII. Infringement, 1O, 11. 
 
 I. In general. 
 
 1. Generally. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 162. 
 
 Effect of fraud in respect to, see FBATJD AND 
 DECEIT, 22. 
 
 See also TBADEXAMES; UNFAIB COMPE- 
 TITION. 
 
 As a subject of taxation. 21 L.R.A. (N.S.) 
 30. 
 
 Effect of devise of business to pass trade- 
 marks. L.R.A.1917D, 439. 
 
 Collusiveness of judgment as between 
 plaintiff and one not a party nor privy 
 who voluntarily conducted the defense 
 in trademark case. 37 L.R.A. (N.S.) 
 966. 
 
 II. What may be. 
 
 2. Generally. 
 
 What may be protected as a trademark, see 
 
 infra, 7. 
 
 Use of one's name as, see NAME, 18. 
 What may be tradename, see TBADENAME, 
 
 2. 
 Labels as. 17 L.R.A. 130. 
 
 2a. Foreign word. 
 
 Descriptive word adopted from foreign 
 language as subject of trademark. 
 32 L.R.A.(N.S.) 439. 
 
 III. Invalidity of deceptive trademark. 
 
 3. Generally. 
 
 Generally. 19 L.R.A. 53. 
 
 Claim of patent. 19 L.R.A. 54. 
 
 Tea. 19 L.R.A. 54. 
 
 Cigars. 19 L.R.A. 55. 
 
 Cordials and medicines. 19 L.R.A. 55. 
 
 Cosmetics and perfumes. 19 L.R.A. 56. 
 
 Miscellaneous. 19 L.R.A. 56. 
 
 IV. Transfer of. 
 
 % 4. Generally. 
 
 Transfer of tradename, see TRADENAME, 3. 
 
 Sale ol a trademark. 1 L.R.A.(N.S.) 705. 
 
 5. By bankruptcy or insolvency 
 assignment. 
 
 The general rule as to transferability. 46 
 
 L.R.A. 541. 
 Mode of transfer; what rights pass. 46 
 
 L.R.A. 543. 
 Distinction between trademarks attaching 
 
 to place or product and those attach- 
 
 ings to the person. 46 L.R.A. 543. 
 Trademark consisting of business name. 
 
 46 L.R.A. 545. 
 
 Begin irilh this book on every law question. 
 
 TRADEMARK cont'd 
 
 V. Protection. 
 
 6. Generally. 
 
 Injunction to protect rights in, see INJUNC- 
 TIONS, 69, 70. 
 
 Protection of tradename, see TBADENAME,. 
 4, 5. 
 
 Protection of, as affected by deception or 
 fraud in use of. 8 L.R.A. 643;* 17 
 L.R.A. 130; 19 L.R.A. 53. 
 
 Validity of penal statute to protect trade- 
 marks. 25 L.R.A. (N.S.) 473. 
 
 Effect of false representations extrinsic to 
 the trademark, on the right to protec- 
 tion against infringement of same. 12: 
 L.R.A. (N.S.) 1201; 23 L.R.A. (N.S.) 
 1151. 
 
 7. What may be protected as. 
 
 What may be protected as tradename, see 
 TBADENAME, 5. 
 
 Right to protection in use of terms descrip- 
 tive of a process. L.R.A.1916E, 633. 
 
 Colored threads or strands in fabric a* 
 trademark. L.R.A.1915F, 1107. 
 
 Protection of trade union labels or trade- 
 marks. 29 L.R.A. 200; 39 L.R.A. (N.S.) 
 1190. 
 
 Right to protection against use of a par- 
 ticular number by a competitor. 8 
 L.R.A. (N.S.) 1153. 
 
 Right to protection against use by rival 
 of similar design, shell, or pattern not 
 protected by patent. 19 L.R.A. (X.S.) 
 269. 
 
 Right to protection in use of geographical 
 name as a trademark or tradename 
 or upon the ground of unfair com- 
 petition. 26 L.R.A. (N.S.) 73. 
 
 Protection of descriptive word or phrase as 
 trademark. L.R.A.1918A, 961. 
 
 Name of celebrity. L.R.A.1917C, 1181. 
 
 VI. Extent of right; exclusive use. 
 
 8. Extent of right. 
 
 Use of, on articles other than those to 
 which it is applied by the owner. 30> 
 L.R.A.(N.S.) 167; 47 L.R.A. (N.S.) 
 1002; L.R.A.1918C, 1044. 
 Territorial extent of right in trademark or 
 tradename used in limited locality 
 where used by another in a differ- 
 ent locality. 35 L.R.A.(N.S.) 251; 
 L.R.A.1916D, 143. 
 
 Right to use of name capable of becoming- 
 trademark on expiration of copyright 
 or patent. 16 L.R.A.(N.S.) 550. 
 
 9. Exclusive use of. 
 
 Right to exclusive use of. 17 L.R.A. 129. 
 
 VII. Infringement. 
 
 10. Generally. 
 
 Protection against, see supra, 6, 7. 
 Measure of damages for, see DAMAGES,. 
 19, 95, 112.
 
 INDEX TO L.E.A. NOTES. 
 
 1311 
 
 TRADEMARK, VII. cont'd 
 
 Injunction against, see INJUNCTION, 69, 
 
 70. 
 Infringement of tradename, see TBADENAME, 
 
 7. 
 
 Liability of officers of a corporation for its 
 
 infringement. 28 L.R.A. 426. 
 Power of equity, upon enjoining unfair com- 
 petition or infringement of trademark, 
 to require defendant to pay damages 
 sustained by complainant as distin- 
 guished from profits realized by defend- 
 ant. 21 L.R.A. (N.S.) 526. 
 Use of another's trademark, or insignia not 
 technically a trademark, for adver- 
 tising purposes as infringement or 
 unfair competition. L.R.A.1915B, 
 
 11. What constitutes. 
 
 By similarity of names of articles. 14 
 L.R.A. 245. 
 
 Right to use a word substantially similar 
 to that used by another as trademark, 
 as affected by differences in appearance 
 in other respects. 12 L.R.A. (N.S.) 
 729. 
 
 TRADENAMES. 
 
 1. Generally. 
 
 Effect of fraud in respect to, see FRAUD AND 
 DECEIT, 22. 
 
 Injunction against misuse of, see INJUNC- 
 TION, 69. 
 
 See also TRADEMARK; UNFAIR COMPE- 
 TITION. 
 
 As part of good will of business. 15 L.R.A. 
 462. 
 
 Notice of copyright containing variant 
 tradename. 66 L.R.A. 445. 
 
 Acquisition in restricted locality notwith- 
 standing use in other places. 2 L.R.A. 
 (N.S.) 964. 
 
 2. What may be. 
 
 What may be protected as, see infra, 5. 
 Use of one's name as, see NAME, 18. 
 Vrhat may be trademark, see TRADEMARK, 
 2. 
 
 Right to use geographical name .as. 26 
 
 L.R.A. (N.S.) 73. 
 Limitation of right to use one's own name 
 
 as tradename. 1 L.R.A.(N.S.) 660; 
 
 28 L.R.A.(N.S.) 934. 
 
 3. Transfer of. 
 
 Transfer of trademark, see TRADEMARK, 
 
 4, 5. 
 
 4. Protection of. 
 
 Protection of trademark, see TRADEMARK, 
 
 6, 7. 
 
 Effect of false representations extrinsic to 
 the tradename, on the right to protec- 
 tion against infringement of same. 12 
 L.R.A.fN.S.) 1201; 23 L.R.A.(N.S-) 
 1151. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TRADENAMES cont'd 
 
 Right of owner of tradename to be protected 
 against its use by another to describe 
 the character of material to be used by 
 the latter in performing a contract. 
 12 L.R.A. (N.S.) 339. 
 
 5. what protected. 
 
 What may be protected as trademark, see- 
 TRADEMARK, 7. 
 
 Right of members of organization to pro- 
 tection in use of name which their 
 efforts have made valuable. 28 L.R.A. 
 (N.S.) 458. 
 
 Right to protection in use of geographical 
 name as tradename. 26 L.R.A.. 
 (N.S.) 89. 
 
 Relief against infringement of tradename 
 not used in connection with manufac- 
 tured article. 15 L.R.A. (N.S.) 625. 
 
 Protection of name descriptive of the kind or 
 character of business. L.R.A.1917C, 
 958. 
 
 Name of celebrity as. L.R.A.1917C, 1161. 
 
 6. Extent of use. 
 
 Use of, on articles other than those to- 
 wn ich it is applied by owner. 30 L.R.A. 
 (N.S.) 167; 47 L.R.A.(N.S.) 1002; 
 L.R.A.1918C, 1044. 
 
 Use of same tradename by wholesale and 
 retail concerns dealing in same goods. 
 4 L.R.A. (N.S.) 447. 
 
 Right to use of name capable of becoming 
 tradename on expiration of copyright 
 or patent. 16 L.R.A.(N.S.) 550; 1 
 B. R. C. 649. 
 
 Territorial extent of right to tradename 
 used in limited locality where used by 
 another in a different locality. 2 
 L.R.A.(N.S.) 964; 35 L.R.A. (N.S.) 
 251; L.R.A.1916D, 143. 
 
 7. Infringement. 
 
 Measure of damages for, see DAMAGES, 
 
 19, 95, 112. 
 Injunction against, see INJUNCTION, 69, 
 
 70. 
 Infringement of trademark, see TRADEMARK, 
 
 10, 11. 
 
 Right to use a word substantially similar to- 
 that used by another, as tradename, 
 as affected by differences in appearance 
 in other respects. 12 L.R.A. (N.S.) 
 729. 
 
 Power of equity on enjoining infringement 
 of tradename to require defendant to- 
 pay damages sustained by complainant 
 as distinguished from profits realized 
 by defendant. 21 L.R.A. (N.S.) 526. 
 
 TRADE SECRETS. 
 
 See SECRETS.
 
 .1312 
 
 INDEX TO L.R.A. NOTES. 
 
 TRADESMEN. 
 
 As independent contractors. 65 L.R.A. 467. 
 Effect of notice to, on husband's liability for 
 
 personal necessaries furnished wife. 
 
 65 L.R.A. 532, 538, 544; 47 L.R.A. 
 
 (N.S.) 281. 
 
 TRADE TALK. 
 
 As a fraud. 35 L.R.A. 418. 
 Right to rely on. 37 L.R.A. 605. 
 
 TRADE UNION. 
 
 See CONSPIRACY, 4-8; LABOB ORGANIZA- 
 TIONS. 
 
 TRADING COMPANIES. 
 
 Hight of foreign company to enter state. 
 24 L.R.A. 313. 
 
 TRADING STAMPS. 
 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, 163. 
 
 License of business of dealing in, see LI- 
 CENSE, 42. 
 
 Forbidding or regulating use of. 2 L.R.A. 
 (N.S.) 588; 7 L.R.A. (N.S.) 1131; 30 
 L.R.A.(N.S.) 957; 49 L.R.A. (N.S.) 
 1123; L.R.A.1917A, 433; L.R.A.1918B, 
 383. 
 
 {Gratuitous distribution of tokens entitling 
 holders of certain numbers to prizes, 
 as a lottery. 3 B. R. C. 984. 
 
 Trading stamp contract as a monopoly. 
 L.R.A.1915D, 520. 
 
 TRAFFIC AGREEMENT. 
 
 Association of persons under, as partner- 
 ship. 18 L.R.A.(N.S.) 1095. 
 
 TRAFFIC OFFICER. 
 
 Signal of traffic officer as affecting duty of 
 travelers to exercise care. L.R.A.1917B, 
 137. 
 
 Validity of statute or ordinance for direc- 
 tion of street traffic by. L.R.A.1918F, 
 1113. 
 
 T-RAIL CUTTER. 
 
 Master's liability for injury by defects in. 
 51 L.R.A. (N.S.) 338. 
 
 TRAILING. 
 
 Evidence of trailing by bloodhounds. 42 
 L.R.A. 432; 35 L.R.A. (N.S.) 870; 
 L.R.A.1917E, 730. 
 
 TRAIN DESPATCHER. 
 
 As fellow servant of trainmen, see MASTER 
 AND SERVANT, 149. 
 
 Record of, as evidence. 3 L.R.A. (N.S.) 
 1190. 
 
 Representing company as to special orders 
 suspending regular time tables. 54 
 L.R.A. 92. 
 
 State statute regulating hours of labor of, 
 as interference with interstate com- 
 merce. 29 L.R.A. (N.S.) 240. 
 
 TRAIN HOUSE. 
 
 Regulations as to admission of passenger 
 to. 16 L.R.A. 449. 
 
 TRAINING SCHOOL. 
 
 Mandamus to cempel issuance of diploma to 
 student in. 3 L.R.A. (N.S.) 1115. 
 
 Confinement in, as cruel and unusual pun- 
 ishment. L.R.A.1915C, 563. 
 
 Statutory power of local authority to main- 
 tain teacher's training department in 
 school. 52 L.R.A.(N.S.) 163. 
 
 TRAIN MASTER. 
 
 As fellow servant. 52 L.R.A. (N.S.) 1105. 
 Authority of, to contract for services of 
 other persons. L.R.A.1918F, 64. 
 
 TRAINMEN. 
 
 As fellow servants. 50 L.R.A. 429, 455; 52 
 L.R.A.(N.S.) 1082, 1106, 1142. 
 
 Conductor as fellow servant of. 46 L.R.A. 
 337. 
 
 As fellow servants of telegraph operator. 
 train despatcher or block signal opera- 
 tors. 25 L.R.A. 386; 7 L.R.A.(N.S.) 
 651; 52 L.R.A.(N.S.) 1123, 1127. 
 
 
 
 Begin witJt this book on every laiv question. 
 
 TRAINS. 
 
 Regulation as to stopping of, see CABBIEBS, 
 162. 
 
 Failure to stop as proximate cause of in- 
 jury to passenger by, see PROXIMATE 
 CAUSE, 9. 
 
 Injury by, to persons on railroad track, see 
 RAILROADS, VII.
 
 INDEX TO L.R.A. NOTES. 
 
 1313 
 
 TRAINS cont'd 
 
 Evidence as to speed of. 34 L.R.A. (N.S.) 
 
 700. 
 Right of court to determine question as to 
 
 quickest means of stopping train, as a 
 
 matter of common knowledge. 14 
 
 L.R.A. (X.S.) 262. 
 Duty to give regular train service on Sun- 
 "day. 30 L.R.A. (N.S.) 401. 
 
 TRAIN SCHEDULES. 
 
 Right of one about to cross railroad track 
 to rely on. 17 L.R.A. (N.S.) 1253. 
 
 TRAMPS. 
 
 As passengers of carrier. 2 L.R.A. 166. 
 Cruel and unusual punishment for viola- 
 tion of Tramp Act. L.R.A.1915C, 570 
 
 TRAMROAD. 
 
 Right to place on private right of way, 
 L.R.A. 1918A, 263. 
 
 TRAMWAYS. 
 
 Right of owner or lessee of mineral in place 
 to build tramways on surface. 48 
 
 L.R.A.(N.S.) 886." 
 
 TRANSFER. 
 
 In general, see ASSIGNMENT. 
 
 Street car transfer, see CARRIERS, 27. 
 
 Of property generally, see PROPERTY, 4. 
 
 Of personal property, see PERSONAL PROP- 
 ERTY, 5. 
 
 Of railroad property, see RAILROADS, 14. 
 
 Of real property generally, see REAL PROP- 
 ERTY, 4. 
 
 Of trust property, see TRUSTS, 35, 36. 
 
 Of corporate stock, see CORPORATIONS, VIII. 
 c. 
 
 Of interest of cotenant, see COTENANCY, 
 11. 
 
 Conflict of laws as to transfer of property, 
 see CONFLICT OF LAWS, 28-33. 
 
 Effect of transfer of business on good will, 
 see GOOD WILL, 3. 
 
 TRANSFER AGENTS. 
 
 TRANSFER COMPANY. 
 
 Liability of, see CARRIERS, 10(i. 
 
 As carrier. 21 L.R.A. (X.S.) 188. 
 
 Right of carrier to grant exclusive train 
 privilege to baggage or passenger 
 transfer companies. 32 L.R.A. (N.S. ) 
 1181; L.R.A.1917F, 1085. 
 
 Right of state or municipality to forbid so- 
 licitation of patronage at railway sta- 
 tion. L.R.A.1917D, 690. 
 
 TRANSFER TAX. 
 
 See TAXES, 90-105. 
 
 TRANSIENT. 
 
 Duty of telegraph company as to discover- 
 ing unknown sendee who is a transient. 
 22 L.R.A. (N.S.) 764. 
 
 TRANSIENT DEALERS. 
 
 Constitutionality of discriminations in 
 statutory regulations concerning tran- 
 sient dealers in food products. 34 
 L.R.A (N.S.) 653. 
 
 Discrimination against nonresidents by 
 
 statute or ordinance as to license. 40 
 L.R.A.(N.S.) 286. 
 
 TRANSITORY DANGERS. 
 
 Duty to warn servant against, see MASTER 
 AND SERVANT, 74. 
 
 Duty to warn contractor's servants of ap- 
 proach of. 46 L.R.A. 75. 
 
 TRANSIT PRIVILEGES. 
 
 Nature and validity of. L.R.A.1918A, 178. 
 
 Carrier's right to make discriminating rate 
 for wheat to be converted into flour to 
 be shipped over its road. 6 L.R.A. 
 (N.S.) 225. 
 
 Liability of carrier for loss of transit privi- 
 lege resulting from deviation. L.R.A. 
 1918A, 1065. 
 
 As independent contractors. 65 L.R.A. 471. 
 Consult also L.R.A. Digests of Cases. 83 
 
 TRANSLATION. 
 
 As an infringement of common-law rights 
 in literary productions. 51 L.R.A. 378. 
 
 Of will as part of probate. 42 L.R.A.(N.S.) 
 458.
 
 ]314 
 
 INDEX TO L.R.A. NOTES. 
 
 TRANSMISSION. 
 
 Of mails, see POSTOFFICE, 4-8. 
 
 TRANSPORTATION. 
 
 By carriers, see CARRIERS; SHIPPING. 
 Regulation of, as interference with com- 
 
 merce, see COMMERCE, 4-12. 
 Of pupils, see SCHOOLS, 2. 
 
 TRAPDOORS. 
 
 Duty of storekeeper toward customer as 
 condition of. 21 L.R.A. (N.S.) 457; 
 L.R.A.1915F, 572. 
 
 Municipal liability for injury from trap 
 door maintained in sidewalk by abut- 
 ting owner. 7 L.R.A. (N.S.) 425. 
 
 Res ips.a loquitur in action for in-jury on 
 highway resulting from. 43 L.R.A. 
 (N.S.) 593. 
 
 TRAPS. 
 
 Liability for killing or injuring trespasser 
 by means of. 29 L.R.A. 154. 
 
 - TRAVAIL,, 
 
 Dying declaration of woman in travail. 
 56 L.R.A. 454. 
 
 TRAVELER. 
 
 Injury to, on highway, see HIGHWAYS, VI. 
 Duty of innkeeper towards, see INNKEEPERS, 
 6-12. 
 
 TRAVELERS' CHECKS. 
 
 Who must bear loss of payment on forgery. 
 L.R.A.1917F, 558. 
 
 TRAVELING. 
 
 As violation of Sunday laws. 30 L.R.A. 
 (N.S.) 468. 
 
 TRAVELING EXPENSES. 
 
 Implied authority of agent or employee to 
 bind principal for. L.R.A.1916B, 754. 
 
 TRAVELING SALESMEN. 
 
 See COMMERCIAL TRAVELERS. 
 
 TREASON. 
 
 Libel or slander bv imputing sedition or dis- 
 
 loyalty. L.R."A.1917D, 861. 
 Criminal responsibility of corporation for. 
 
 2 B. R. C. 253. 
 Criminal liability of children for. 36 
 
 L.R.A. 208. 
 Evidence of other crimes in prosecution for. 
 
 <>2 L.R.A. 325. 
 Proof of corpus delicti in prosecution for. 
 
 68 L.R.A. 56. 
 Forfeiture of rights of innocent persons in 
 
 property forfeited for treason. L.R.A. 
 
 1916E, 344. 
 
 TREASURER. 
 
 Bond of, see BONDS, 12-15. 
 
 Authority of, to contract for services of oth- 
 er persons. L.R.A.1918F, 59. 
 
 Eligibility of woman to office of county 
 treasurer. 27 L.R.A. (N.S.) 532. 
 
 TREASURE-TROVE. 
 
 Rights of finder of. 1 L.R.A. (N.S.) 477; 
 8 L.R.A.(N.S.) 95; 35 L.R.A. (N.S.) 
 979. 
 
 Rights inter se of joint finders of lost prop- 
 erty. 19 L.R.A. (N.S.) 1201. 
 
 TREASURY. 
 
 Secretary of, see SECRETARY OF TREASURY. 
 
 Effect of money in, on creation of indebted- 
 ness in excess of debt limit. 37 L.R.A. 
 (N.S.) 1085; L.R.A.1917E, 446. 
 
 TREASURY NOTES. 
 
 Liability of government for, when stolen 
 from it. 39 L.R.A.(N.S.) 445. 
 
 TREASURY STOCK. 
 
 Of corporation, taxation of. 9 L.R.A. 
 
 (N.S.) 885. 
 
 Begin tritli this &oo7c on every law question. 
 
 TREATIES. 
 
 Effect of, on validity and enforceability of 
 contract or covenant in relation to real 
 property which discriminates against 
 persons because of race, color, or re- 
 ligion. L.R.A.1916B, 1209.
 
 INDEX TO L.R.A. NOTES. 
 
 1315 
 
 TREATIES cont'd 
 
 Effect of, on jurisdiction over boundary 
 rivers. 65 L.R.A. 957. 
 
 Question relating to treaty rights as Fed- 
 eral question. 62 L.R.A. 532. 
 
 Guaranties by. to aliens. 16 L.R.A. 277. 
 
 Effect of, on alien's right to inherit. 32 
 L.R.A. 177; L.R.A. 1915E, 327. 
 
 Validity of discrimination against aliens by 
 inheritance tax law as affected by 
 treaty with foreign government. 33 
 L.R.A. (M.S.) 632; L.R.A.191GA, 474. 
 
 TREATING. 
 
 Social treating as an offense. 21 L.R.A. 
 
 (N.S.) 134. 
 Treating jurors as ground for new trial or 
 
 reversal. 19 L.R.A.(N.S.) 733; 49 
 
 L.R.A.(N.S.) 889. 
 
 TREATMENT. 
 
 Medical treatment, see PHYSICIANS AND 
 SURGEONS. 
 
 Treatment while in custody as element of 
 damages in action for malicious prose- 
 cution or false imprisonment. 33 
 L.R.A. (N.S.) 291; L.R.A.1915D, 621. 
 
 TREBLE DAMAGES. 
 
 See DAMAGES, 120. 
 
 TREES. 
 
 1. Generally. 
 
 In highway, see HIGHWAYS, 42. 
 Master's liability for injury to servant by 
 
 trees near street car track, see MASTEB 
 
 AND SERVANT, 97. 
 See also LOGS AND LOGGING; LUMBER; 
 
 TIMBER. 
 
 Mechanic's lien for furnishing and planting 
 trees and caring for same. L.R.A. 
 1917D, 351. 
 
 As subject of larceny. 49 L.R.A. (N.S.) 966, 
 969. 
 
 Doctrine of attractive nuisance as applied 
 to. L.R.A.1915D, 168. 
 
 Contributory negligence of one struck by 
 limb of tree extending over highway. 
 L.R.A.1918A, 205. 
 
 Validity and construction of statutory reg- 
 ulations as to infected trees. 43 L.R.A. 
 (N.S.) 1080; L.R.A.19151*', 894. 
 
 Injury to employee on top of train by. 47 
 L.R.A. (N.S.) 499. 
 
 Dutv to give warning where trees are being 
 "felled. 46 L.R.A. (N.S.) 86. 
 
 Right as between owner of land and owner 
 of timber thereon to annual product of 
 the trees. L.R.A.1915E, 307. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TREES cont'd 
 
 Interest of one other than owner of soil, in 
 growing trees or their products as sep- 
 arate subjects of taxation. 17 L.R.A. 
 (N.S.) 693. 
 
 2. Cutting of, or injury to. 
 
 Measure of damages for injury to, or de- 
 struction of, see DAMAGES, 75. 
 Right to cut timber, see TIMBER, 6, 7. 
 
 Effect of cutting trees upon the title. 19 
 L.R.A. 654. 
 
 Criminal liability for act of agent in wil 
 fully cutting. 41 L.R.A. 657. 
 
 Duty to instruct servant as to danger in 
 'felling. 2 L.R.A.(N.S.) 840. 
 
 Liability for injury to trees by gas escap- 
 ing from pipes or mains. 10 L.R.A. 
 (N.S.) 890. 
 
 3. On boundary line. 
 
 Trees near boundary as a nuisance, see 
 NUISANCES, 3. 
 
 Property rights in trees on or overhanging 
 boundary line. 21 L.R.A. 729; 46 
 L.R.A.(N.S.) 3. 
 
 TRENCHES. 
 
 Imputing to master coservant's negligence 
 
 in respect to dangers in. 54 L.R.A. 
 
 138. 
 Servant's assumption of risk from changing 
 
 condition of, during progress of work. 
 
 19 L.R.A. (N.S.) 358. 
 
 TRESPASS. 
 
 I. Civil, 1-11. 
 II. Criminal, 12. 
 
 I. Civil. 
 
 1. Generally. 
 
 By animals, see ANIMALS, 10. 
 
 Liability for injury by blasting, see BLAST- 
 ING. 
 
 Trespass on the case, see CASE. 
 
 Injunction against, see INJUNCTION, 21- 
 23. 
 
 Remedy for continuing trespass or nuisance, 
 see NUISANCES, 20a. 
 
 As to trespassers, see TRESPASSERS. 
 
 On banks to float logs. 41 L.R.A. 495. 
 
 Remedies against timber trespassers 6h pub- 
 lic lands. 70 L.R.A. 875. 
 
 Effect of remedy by, on equitable jurisdic- 
 tion to remove cloud on title. 12 
 L.R.A.(N.S.) 59. 
 
 Jurisdiction of action for trespass 1 upon 
 real property in another state or coun- 
 try. 26 L.R.A. (N.S.) 935; 44 L.R.A. 
 (N.S.) 267. 
 
 Applicability of statute of limitations' gov- 
 erning actions for trespass to actions 
 for damages to, real property . 26 
 L.R.A. (N.S.) 1047.
 
 1316 
 
 INDEX TO L.R.A. NOTES. 
 
 TRESPASS, I. cont'd 
 
 Judgment against plaintiff in trespass in- 
 volving boundary as establishing bound- 
 ary claimed by defendant. 38 L.R.A. 
 (X.S.) 1024. 
 
 Effect of admission to change burden of 
 proof and right to open and close. 61 
 L.R.A. 539, 547. 
 
 Imprisonment for debt in case of. 34 
 L.R.A. 641. 
 
 2. What constitutes. 
 
 Levy on partnership property for debt of 
 
 partner as a trespass. 46 L.R.A. 489. 
 By entering upon land to remove timber 
 
 after the expiration of the time limit. 
 
 29 L.R.A. (N.S.) 553. 
 Protection of building or other structure 
 
 over boundary as a continuing trespass 
 
 or nuisance. 32 L.R.A. (N.S.) 1010. 
 In executing invalid search warrant. 49 
 
 L.R.A. (N.S.) 770. 
 Right to break and enter dwelling to serve 
 
 civil writ of process. L.R.A.1916D, 
 
 281. 
 Right to employ force in retaking property 
 
 sold conditionally. 19 L.R.A. (N.S.) 
 
 607. 
 
 3. Resistance of. 
 
 Homicide in attempting to prevent. 67 
 
 L.R.A. 538. 
 Right to use deadly weapon in resisting 
 
 trespass. 22 L.R.A.(N.S.) 724. 
 Force permissible in resisting attempt of 
 
 public service corporation to plant 
 
 poles, lay tracks, etc. 45 L.R.A. (N.S.) 
 
 601. 
 
 4. W r hen lies. 
 
 For taking or injuring dogs. 40 L.R.A. 507. 
 For interference with fishery rights. 60 
 
 L.R.A. 523. 
 Action in trespass against mortgagee who 
 
 has unlawfully seized the property 
 
 while assuming to act under mortgage. 
 
 L.R-.A.1915E, 196. 
 
 Against landowner for cutting trees on 
 ^ boundary line. 46 L.R.A. (N.S.) 6. 
 
 g 5. Who may maintain. 
 
 In case of continuing trespass or nuisance, 
 see NUISANCES, 20a. 
 
 For taking bees. 40 L.R.A. 688. 
 
 Owner of burial lot. 67 L.R.A. 124; L.R.A. 
 
 1918A, 149. 
 Trespass quare clausum fregit by tenant in 
 
 common of realty against cotenant. 
 
 10 L.R.A.(N.S.) 212. 
 Right of widow, prior to assignment of 
 
 dower, to maintain trespass quare 
 
 clausum. 13 L.R.A. (N.S.) 209. 
 As a proper remedy by abutting owner to 
 
 recover damages from maintenance of 
 
 railroad in street. 36 L.R.A. (N.S.) 
 
 829. 
 Bailee's right to maintain action of, for 
 
 damage or conversion of bailed prop- 
 
 TRESPASS, I. cont'd 
 
 6. character of title. 
 
 Sufficiency of equitable title to sustain. 47 
 L.R.A. 637; 30 L.R.A. (N.S.) 231. 
 Sufficiency of equitable title to sustain ac- 
 tion for injury to real propertv. 30 
 L.R.A. (N.S.') 231. 
 Sufficiency of possessory title. 46 L.R.A. 
 
 (N.S.) 500, 503, 516. 
 
 Necessity and character of title or posses- 
 sion of plaintiff to sustain action 
 of trespass quare clausum fregit. 
 30 L.R.A. (N.S.) 243. 
 
 7. Who liable for. 
 
 Landlord's liability in for forcible expulsion 
 of tenant after termination of tenancy. 
 16 L.R.A. 798. 
 
 Civil liability of insane person. 42 L.R.A. 
 (N.S.) 85. 
 
 Responsibility of one who assumes to sell 
 land or an interest therein, for a tres- 
 pass by another claiming under or 
 through him. L.R.A.1918D, 220. 
 
 Liability of officer executing invalid search 
 warrant. 49 L.R.A. (N.S.) 770. 
 
 Liability of school district or school cor- 
 poration for. 49 L.R.A. (N.S.) 1032. 
 
 Liability of municipal corporation for tres- 
 pass on private property where commit- 
 ted in connection with streets. L.R.A. 
 1916D, 1086. 
 
 8. employer. 
 
 Master's liability in for wrongful or negli- 
 gent act of servant. 27 L.R.A. 197. 
 
 Employer's nonliability for trespass by in- 
 dependent contractor. 65 L.R.A. 655. 
 
 Liability for torts by servants sent to com- 
 mit. 70 L.R.A.' 731; 18 L.R.A.(N.S.) 
 297. 
 
 9. servant, agent, partner, or cor- 
 porate officer. 
 
 Liability of servant or agent for, when act- 
 ing under orders. 50 L.R.A. 645. 
 
 Liability of partnership for. 51 L.R.A. 472. 
 
 Liability of officers of a corporation for its 
 trespasses. 28 L.R.A. 422. 
 
 Criminal liability for acts of servant, agent, 
 or partner. 41 L.R.A. 657. 
 
 10. Defenses. 
 
 Possession of licensee to defeat trespass af- 
 ter revocation of license. 28 L.R.A. 
 519. 
 
 Effect of continued occupation by trespasser 
 for less than the limitation period to 
 estop the owner to maintain trespass 
 q. c. f. 23 L.R.A. (N.S.) 270. 
 
 May entry upon land which would other- 
 wise constitute a trespass be justified 
 by private necessity. 20 L.R.A. (N.S.) 
 152. 
 
 11. Measure of damages for. 
 
 For trespass on real property, see DAMAGES, 
 
 88 71-79 
 
 Right of mortgagee in possession to main- 
 tain action for trespass antecedent to | Loss of profits as element of damages for 
 his entry. 6 B. R. C. 92. trespass against person. 52 L.R.A. 42. 
 
 Begin icith this Itools on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1317 
 
 TRESPASS cont'd 
 
 II. Criminal. 
 
 12. Generally. 
 
 For act of servant, agent, or partner, see 
 CRIMINAL LAW, 29; INTOXICATING 
 LIQUORS, 23. 
 
 Criminal liability of children for malicious 
 trespass. 36 L.R.A. 207. 
 
 Criminal liability for assault committed in 
 regaining possession of land by one en- 
 titled to possession. 22 L.R.A. (N.S.) 
 728. 
 
 TRESPASSERS. 
 
 1. Generally. 
 
 Trespassing animals, see ANIMALS, 10. 
 Extent of trespasser's liability for conse- 
 quential injuries, see DAMAGES, 73. 
 On railroad tracks, see RAILROADS. 
 
 Need of color of title to adverse posses- 
 sion by. 15 L.R.A. (N.S.) 1233. 
 
 Right of, to notice to redeem from tax sale. 
 44 L.R.A. (N.S.) 676. 
 
 Owner's right to compensation for improve- 
 ments placed on land by trespasser be- 
 fore condemnation. 66 L.R.A. 46; 
 L.R.A.1916F, 981. 
 
 Rights and remedies of owner of land in re- 
 spect of crops grown thereon by tres- 
 passer. L.R.A.1918A, 550. 
 
 2. Who are. 
 
 Does subsequent wrongful act by one who 
 enters premises under license of owner 
 or occupier made him a trespasser ab 
 initio. 27 L.R.A. (N.S.) 442. 
 
 3. Duty ami liability to. 
 
 Injury to, see also CARRIERS, 111. h. ; ELEC- 
 TRICITY, III.; ELEVATORS, 4; NEGLI- 
 GENCE, I. b. 3; RAILROADS, VII. a, 4. 
 
 Liability of carrier for arrest of trespasser 
 on train. L.R.A.1917D, 227. 
 
 Liabilitv of lessor for injuries to. L.R.A. 
 1916F, 1132. 
 
 Liability for injury to bystander watching 
 progress of work. L.R.A.1916F, 117. 
 
 Liability of railroad company to trespasser 
 injured because of defects in track or 
 roadbed while walking along track. 
 L.R.A. 1916E, 461. 
 
 Duty of railroad company to give crossing 
 signals for benefit of trespassers and 
 licensees near crossing but not about 
 to use the same. L.R.A.1915D, 964. 
 
 Liability for injury to trespasser or bare 
 licensee at station by train. 41 L.R.A. 
 (N.S.) 162. 
 
 Care due to sick or otherwise helpless tres- 
 passer. 69 L.R.A. 513. 
 
 Liability for injury to by animals. 14 
 L.R.A. 197. 
 
 Duty toward trespassers of keeper of ani- 
 mal known to be dangerous. 2 B. R. C. 
 28. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TRESPASSERS cont'd 
 
 Liability to servants of other person enter- 
 ing premises, as trespassers. 46 L.R.A. 
 63. 
 
 Causing trespasser to jump from moving 
 wagon as actionable misconduct. 31 
 L.R.A.(N.S.) 1064. 
 
 Liability for injury to trespasser by dis- 
 charge of firearms. 3 L.R.A. (N.S.) 
 1038. 
 
 Liability for killing or injuring by means 
 of spring guns, traps, and other dan- 
 gerous instruments. 29 L.R.A. 154. 
 
 Assault in removing trespasser from one's 
 premises. L.R.A.1918E, 1054. 
 
 Liability of municipality for acts of its of- 
 ficers in removing trespassers from 
 public grounds. 35 L.R.A. (N.S.) 435. 
 
 4. Contributory negligence of. 
 
 Intoxication of trespasser amounting to 
 contributory negligence. 40 L.R.A. 
 132; 47 L.R.A.(N.S.) 734. 
 
 TRESPASSING ANIMALS. 
 
 See ANIMALS, 10. 
 
 TRESTLE. 
 
 Nondelegability of duty to protect servants 
 against defects in. 54 L.R.A. 69. 
 
 Duty to avoid injury to persons walking on 
 railway trestle. 69 L.R!A. 526. 
 
 TRIAL. 
 
 /. In general. 1. 
 II. Conduct and disposal, 2-lSa. 
 a. In general, 2-5. 
 T). Notice of trial; stipulations} 
 admissions, 6-9. 
 
 c. Election betiveen counts, 
 
 1O. 
 
 d. Matters as to Tvitnesses; re- 
 
 ception of evidence, 11- 
 14. 
 
 e. Argument of counsel, 
 
 15-17. 
 
 f. Objections and exceptions, 
 
 IS. 
 
 g. Withdrawal of juror, 18a. 
 III. Questions of law or fact, 19- 
 
 55. 
 
 a. In general, 19. 
 
 b. Weight of evidence, 2O, 
 
 21. 
 
 c. Cause and effect, 22. 
 
 d. Reasonableness; necessity, 
 
 23-25. 
 
 e. Relation, character, or con- 
 
 da ion of persons or things, 
 26-30. 
 
 f. Fraud; good faith; intent; 
 
 malice; motive; knowl- 
 edge; notice; authority, 
 31-36.
 
 3318 
 
 INDEX TO L.K.A. NOTES. 
 
 TRIAL, III. cont'd 
 
 g. Construction of contracts, 
 
 37. 
 
 It. Libel or slander, 38. 
 i. Care; negligence, 39-49. 
 
 1. Of person causing in- 
 
 friry, 39-44. 
 
 2. Contributory negligence, 
 
 45-49. 
 
 j. Miscellaneous, 5O-55. 
 IT. Nonsuit; direction of verdict; 
 peremptory instructions, 
 50-59. 
 V. Instructions, 6O-68. 
 
 a. In general, GO. 
 
 b. As to witnesses and evi- 
 
 dence, 61-63. 
 
 c. As to negligence, 64-66. 
 
 d. Criminal cases, 67, 68. 
 VI. Findings, $ 69. 
 
 VII. Matters as to jury, 7O-74. 
 VIII. Verdict, 75-87. 
 
 I. In general. 
 
 1. Generally. 
 
 Record of, for purpose of appeal, see AP- 
 PEAL AND ERROR, 18-23. 
 
 Irregularities or misconduct on trial as 
 ground for reversal, see APPEAL AND 
 ERROR, 35-40. 
 
 Withdrawal of attorney from case, see AT- 
 TORNEYS, 16. 
 
 Continuance of, see CONTINUANCE, 2, 3. 
 
 Procedure in criminal cases generally, see 
 CRIMINAL LAW, 31-68. 
 
 Protection and rights of accused on, see 
 CRIMINAL LAW, 43-54. 
 
 Exclusion of public at criminal trial, see 
 CRIMINAL LAW, 44. 
 
 As to new trial, see NEW TRIAL. 
 
 Grounds for new trial, see NEW TRIAL, 
 3-11. 
 
 Venue, see VENUE. 
 
 Regularity of trial of member of benevo- 
 lent society which will make his expul- 
 sion on suspension conclusive on the 
 courts. 52 L.R.A.(N.S.) 813. 
 
 Misconduct toward juror as contempt. 46 
 L.R.A.(N.S.) 517. 
 
 As affected by question whether suit for 
 statutory penalty is a civil or criminal 
 prosecution. 27* L.R.A. (N.S.) 745'. 
 
 Rebuking or fining attorney during trial as 
 prejudicing rights of partv. 42 L.R.A. 
 (N.S.) 428. 
 
 //. Conduct and disposal. 
 
 a. In general. 
 
 Reversible error in conduct of trial, see 
 
 APPEAL AND ERROR, 39. 
 Nolle prosequi, see NOLLE PROSEQUI. 
 
 2. Order of trial. 
 
 Order of trial in prosecution of habitual 
 criminal or prior offender. 34 L.R.A. 
 405; 24 L.R.A. (N.S.) 437. 
 
 Begin with this book on every law question. 
 
 TRIAL, II. a cont'd 
 
 3. Absence of judge. 
 
 Conduct of judge as reversible error, see 
 
 APPEAL AND ERBOR, 38. 
 Matters as to judges on criminal trial, see 
 
 CRIMINAL LAW, 39. 
 
 Temporary absence of judge, when fatal to 
 trial. 41 L.R.A. 569. 
 
 4. Proceeding's outside of court 
 room. 
 
 Validity of proceedings in course of a trial 
 outside of the court room. 41 L.R.A. 
 563. 
 
 5. communication by judge with 
 jury. 
 
 Effect of judge communicating with jury in 
 not open court. 17 L.R.A. (N.S.) 609; 
 L.R.A.1915D, 719. 
 
 b. Notice of trial; stipulations; 
 admissions. 
 
 6. Notice of trial. 
 
 First and last days in computing notices for. 
 49 L.R.A. 221. 
 
 7. Stipulations. 
 
 Validity and effect of stipulation of inca- 
 
 pacity of testator. 23 L.R.A. (N.S.) 
 
 783. 
 
 8. Effect of admissions. 
 
 Collusiveness of judicial admission as to 
 strangers. 28 L.R.A. (N.S.) 327; L.R.A. 
 1915A, 200. 
 
 9. on burden of proof and right 
 to open and close. 
 
 General principle. 61 L.R.A. 513. 
 
 When regulated by rule of court or provi- 
 
 sion of statute. 61 L.R.A. 515. 
 How and when admission made. 6] L.R.A 
 
 529. 
 Extent and character of admission. 61 
 
 L.R.A. 534. 
 Effect of reply to restore right to plaintiff. 
 
 61 L.R.A. 559. 
 
 Conditional admission. 61 L.R.A. 561. 
 In equity actions. 61 L.R.A. 561. 
 On W 7 rit of error and appeal and issue of 
 
 law. 61 L.R.A. 561. 
 In criminal action. 61 L.R.A. 562. 
 
 c. Election between counts. 
 
 10. Generally. 
 
 Election by prosecution of offense relied on 
 
 where evidence of different crimes given. 
 
 62 L.R.A. 344. 
 Election between counts in indictment when 
 
 objection of duplicity is raised. 49 
 
 L.R.A.(N.S.) 455. 
 
 d. Matters as to witnesses; reception 
 of evidence. 
 
 11. Matters as to witnesses. 
 
 As to witnesses generally, see WITNESSES.
 
 INDEX TO L.R.A. NOTES. 
 
 1310 
 
 TRIAL, II. d confd 
 
 Power of court to call and examine witness- 
 es. 57 L.R.A. 875; L.R.A.1916A, 1101. 
 
 Inquiries of witnesses by jurors. 1 L.R.A. 
 (X.S.) 839. 
 
 12. Reception of evidence. 
 
 Matters as to evidence generally, see EVI- 
 DENCE. 
 
 Right of party producing documents upon 
 notice to use and control their use as 
 evidence. 15 L.R.A. 138. 
 
 Discretion of judge as to admission of dec- 
 larations as part of the res gestce. 19 
 L.R.A. 737. 
 
 Admission of incompetent or prejudiced tes- 
 timony as ground for relief from di- 
 vorce. L.R.A.1917B, 432. 
 
 Error in reception of testimony to support 
 attack on divorce decree. L.R.A.1917B, 
 511. 
 
 13. order of proof. 
 
 As to evidence of character and reputation 
 of deceased in prosecution for homi- 
 cide. 3 L.R.A. (X.S.) 358. 
 
 14. striking out evidence. 
 
 Right to have direct testimony stricken out 
 where cross-examination is interrupted 
 wholly or in part bv sickness or death 
 of witness. 15 L.R.A. (N.S.) 493. 
 
 c. Argument of counsel. 
 
 15. Generally. 
 
 Effect of admissions on right to open and 
 close, see supra, 9. 
 
 Reversible error as to, see APPEAL AND ER- 
 ROR. 37. 
 
 Comment by counsel in argument as to re- 
 semblance as evidence of relationship. 
 52 L.R.A. 505. 
 
 Use of books on inexact sciences in argu- 
 ment. 40 L.R.A. 570. 
 
 Effect of provision that jury shall deter- 
 mine the law and the facts in libel cases 
 on right of counsel to argue law to 
 jury. 33 L.R.A.(X.S.) 212. 
 
 Right to direct verdict or enter nonsuit on 
 opening statement of counsel. 29 
 L.R.A. (X.S.) 218. 
 
 Argument of counsel as part of record on 
 writ of error to state court from United 
 States Supreme Court. 63 L.R.A. 333. 
 
 16. Reference to result in another 
 case. 
 
 Reference to result of former trial of the 
 same case. 38 L.R.A. (X.S.) 1131. 
 
 Reference to prior conviction o" defendant 
 for another offense. 38 L.R.A. (X.S.) 
 1132. 
 
 Harmless reference. 38 L.R.A. (NJS.) 1132. 
 
 Failure of defendant to request curative in- 
 struction. 38 L.R.A. (X.S.) 1133. 
 
 Failure of defendant to object to reference. 
 38 L.R.A. (X.S.) 1134. 
 
 Effect of action of court regarding im- 
 proper reference. 38 L.R.A. (X.S.) 
 1134. 
 
 Consult, also L.R.A. Digests of Cases. 
 
 TRIAL, II. e cont'd 
 
 17. I, iin it i iii;- time of. 
 
 Right to limit time of argument of counsel 
 
 for accused. 2.5 L.R.A. (X.S.) 1027; 42 
 
 L.R.A. (X.S.) 209. 
 
 /. Objections and exceptions. 
 
 18. Generally. 
 
 Objections and exceptions for purpose of 
 
 appeal, see APPEAL AXD ERROR, 24. 
 
 24a. 
 
 To action of court in calling and examining 
 witnesses. 57X.R.A. 884; L.R.A.1916A, 
 1207. 
 
 Time for objection to service on nonresi- 
 dent. 50 L.R.A. 585. 
 
 g. Withdrawal of juror. 
 
 18a. Generally. 
 
 Power to withdraw juror. 48 L.R.A. 432. 
 Effect of withdrawal of juror in civil cases. 
 
 48 L.R.A. 436. 
 
 Effect of. withdrawal of juror in criminal 
 cases. 48 L.R.A. 440. 
 
 ///. Questions of laiv or fact, 
 a. In general. 
 
 19. Generally. 
 
 Generally. 14 L.R.A. 559. 
 
 The scintilla doctrine. 2 L.R.A. 340; 4 
 
 L.R.A. 778. 
 Right of jury to determine existence of 
 
 facts essential to the admissibilitv of 
 
 dying declarations. 16 L.R.A. (X.S.) 
 
 660. 
 
 6. Weight of evidence. 
 
 20. Generally. 
 
 As to weight of testimony of experts. 42 
 L.R.A. 764. 
 
 Power of court to disregard testimony be- 
 cause contrary to scientific principles. 
 7 L.R.A.(X.SO 357: 15 L.R.A. (X.S.) 
 701; 28 L.R.A. (X.S.) 648; L.R.A. 
 1016D, 301. 
 
 Credibilitv of witness of unsound mind as 
 question for jury. 40 L.R.A. (X.S.) 
 1030. 
 
 Conclusiveness upon jury of testimony of 
 experts as to the value of professional 
 services. 45 L.R.A. (X.S.) 181. 
 
 Receipt of communication sent through mail 
 as question for jury, where evidence in 
 rebuttal of presumption of receipt is 
 offered. 40 L.R.A.(X.S.) 468. 
 
 In action to have written instrument im- 
 porting absolute conveyance declared a 
 mortgage or pledge. L.R.A. 1916B, 561. 
 
 21. As to sanity or insanity. 
 
 Weight of expert opinion as to sanity or in- 
 'sanity. 39 L.R.A. 333. 
 
 As to weight and effect of nonexpert opin- 
 ions as to sanitv or insanitv. 38 L.R.A. 
 733, 747.
 
 1320 
 
 INDEX TO L.R.A. NOTES. 
 
 TRIAL, III. cont'd 
 
 c. Cause and effect. 
 
 22. Generally. 
 
 As to proximate cause of injury resulting 
 from discharging passenger at im- 
 proper place or one not his destina- 
 tion. 7 L.R.A. (N.S.) 1183. 
 
 Whether intoxication contributed to injury. 
 
 40 L.R.A. 141. 
 
 d. Reasonableness; necessity. 
 
 % 23. Reasonableness. 
 
 Reasonableness of municipal ordinance as a 
 question for court or for jury. L.R.A. 
 1915F, 1196. 
 
 Reasonableness or excessiveness of punish- 
 ment of pupil. 65 L.R.A. 897. 
 
 Reasonableness of use after breach of war- 
 ranty or noncompliance with contract 
 for sale as a question for court or jury. 
 36 L.R.A.(N.S.) 474. 
 
 24. of time. 
 
 Reasonableness of time allowed passenger to 
 alight as question for jury. 4 L.R.A. 
 (N.S.) 140. 
 
 Reasonable time to retain statement of ac- 
 count as questions for court or jury. 
 29 L.R.A.(N.S.) 341. 
 
 Reasonableness of period fixed in contract 
 for presentation of claim against car- 
 rier for damages to shipment of live- 
 stock as a question for jury. 7 L.R.A. 
 (N.S.) 1041; L.R.A.1916D, 341. 
 
 25. Necessity. 
 
 As to necessity of obstructing street. 14 
 L.R.A. 559". 
 
 Necessity for homicide by officer. 67 L.R.A. 
 306." 
 
 Province of jury on question of danger and 
 necessity justify ing killing in self-de- 
 fense. 3 L.R.A. (N.S.) 535. 
 
 Question whether barbering on Sunday is a 
 work of necessity. L.R.A.1917B, 97. 
 
 e. Relation, character, or condition of 
 persons or things. 
 
 26. Generally. 
 
 As to relation of master and servant be- 
 tween parent and minor child commit- 
 ting tort. 10 L.R.A. (N.S.) 942. 
 
 Question for jury as to termination of pas- 
 senger's relation as such on reaching 
 destination. 2 L.R.A. (N.S.) 876. 
 
 Right of court to hold as a matter of law 
 that a child of tender years is in- 
 capable of rendering valuable services. 
 
 41 L.R.A.(N.S.) 795. 
 
 27. As to who are fellow servants. 
 
 As to what servants are in common employ- 
 ment. 30 L.R.A. 421. 
 
 Whether negligent servant was a vice prin- 
 cipal. 54 L.R.A. 63. 
 Begin icith this Itoolf, on every la\v question. 
 
 TRIAL, III. e confd 
 
 28. As to who are independent con- 
 tractors. 
 
 As to whether persons are independent con- 
 tractors. 65 L.R.A. 508; 17 L.R.A. 
 (N.S.) 382. 
 
 29. Sanity or insanity. 
 
 Weight of evidence as to, see supra, 21. 
 
 As to sanity or insanity. 39 L.R.A. 324. 
 
 As to insanity of defendant in criminal case. 
 39 L.R.A. 747; 44 L.R.A. (N.S.) 119. 
 
 Right of jury to abide by presumption of 
 defendant's sanity as against uncon- 
 tradicted evidence to the contrary. 24 
 L.R.A.(N.S.) 545. 
 
 Competency of witness alleged to be of un- 
 sound mind. 46 L.R.A. (N.S.) 1029. 
 
 30. Of things. 
 
 As to intoxicating character of liquor. 20 
 L.R.A. 649. 
 
 As to whether medicinal compound is an in- 
 toxicating liquor within prohibitory or 
 regulatory statutes. L.R.A.1917F, '250. 
 
 As to whether object calculated to frighten 
 horses. 15 L.R.A. 366. 
 
 As to nuisance or no nuisance. 36 L.R.A. 
 594. 
 
 Obscenity or indecency of publications. 24 
 L.R.A. 111. 
 
 Extent of depot grounds as a question for 
 the jury. 7 L.R.A. (N.S.) 213. 
 
 /. Fraud; good -faith; intent; malice; 
 motive; knowledge; notice; au- 
 thority. 
 
 31. Fraud; good faith. 
 
 Expressions of opinion as fraud. 35 L.R.A. 
 441. 
 
 Right to rely on fraudulent statements. 
 37 L.R.A. 613. 
 
 Effect of statutes making fraud a question 
 for jury where mortgagor of merchan- 
 dise is left in possession with power of 
 sale. 18 L.R.A. 611. 
 
 Bona fides of one accused of larceny who 
 claims to have acted in good faith under 
 color of right as question for jury. 41 
 L.R.A. (N.S.) 554. 
 
 3 la. Intent. 
 
 Intent of parties as to passing of title un- 
 der contract for sale of goods to be pro- 
 duced or manufactured. 50 L.R.A. 
 (N.S.) 113. 
 
 32. fraudulent intent. 
 
 Fraudulent intent in transfer of property in 
 satisfaction of debt. 36 L.R.A. 363. 
 
 Effect of statute making fraudulent intent 
 a question of fact. 18 L.R.A. 611. 
 
 33. Malice; probable cause. 
 
 Malicious prosecution : is the question of 
 probable cause for the court or 
 jury. L.R.A.1915D, 1. 
 
 Implied malice in homicide as a question of 
 law or fact. 38 L.R.A. (N.S.) 1095.
 
 INDEX TO L.R.A. NOTES 
 
 1321 
 
 TRIAL, III. f cont'd 
 34. Motive. 
 
 Question for jury as to motive of person 
 charged with extortion. 40 L.R.A. 
 (NJS.) 805. 
 
 35. Knowledge or notice. 
 
 As to actual knowledge or notice to city of 
 
 defect or obstruction in highway. 20 
 
 L.R.A.(N.S.) 730. 
 As to knowledge of insured of falsity of 
 
 statements respecting family history. 
 
 L.R.A.1917C, 877. 
 
 36. Authority. 
 
 As to authority of child to bind parent by 
 contracts other than those for neces- 
 saries. 39 L.R.A. (N.S.) 886. 
 
 Whether defendant authorized sale of liquor 
 by his servant. 41 L.R.A. 676. 
 
 g. Construction of contracts. 
 
 37. Generally. 
 
 Construction of fire insurance policy con- 
 taining word "additions" as question 
 for court of jury. 33 L.R.A. (N.S.) 161. 
 
 Question whether certain articles used on in- 
 sured premises were within prohibition 
 of the policy. L.R.A.1917C, 298. 
 
 h. Libel or slander. 
 
 % 38. Generally. 
 
 Effect of provision that jury shall determine 
 the law and the facts in libel cases. 
 33 L.R.A. (N.S.) 207; 51 L.R.A. (N.S.) 
 369. 
 
 Questions for court or jury in action for 
 defamation based on statements made 
 in character of a witness. 4 B. R. C. 
 072. 
 
 Question for jury as to amount of damages 
 for libel or slander reflecting on in- 
 tegrity or responsibility of merchant. 
 44 L.R.A. (N.S.) 355. 
 
 Application of the defamatory statement to 
 plaintiff in action for defamation of un- 
 named person. 48 L.R.A. (N.S.) 373. 
 
 Sufficiency of retraction to reduce damages 
 in action for libel as a question for 
 court or jury. 25 L.R.A.(N.S.) 796. 
 
 i. Care; negligence. 
 1. Of person causing injury. 
 
 39. Generally. 
 
 Nonsuit or direction of verdict, see infra, 
 57. 
 
 Right of court to declare defendant negli- 
 gent as a matter of law. 47 L.R.A. 
 (N.S.) 1199. 
 Exceptions to rule as to function of court 
 
 and jury in negligence cases. 15 L.R.A. 
 
 332.' 
 Liability for escape and explosion of gas. 
 
 29 L.R.A. 354. 
 Negligence in displaying fireworks. 3 
 
 L.R.A. (N.S.) 330. ' 
 Consult also L.R.A. Digests of Cases. 
 
 TRIAL, III. i, 1 cont'd 
 
 Degree of care exercised by corporate direct- 
 ors. 55 L.R.A. 758. 
 
 Intoxication as affecting. 47 L.R.A. (N.S. ) 
 730. 
 
 Sufficiency of evidence in action against car- 
 rier for act of drunken passenger to 
 carry case to jury. 4 B. R. C. 341. 
 
 Question for jury as to carrier's duty to 
 assist passenger boarding or alighting. 
 48 L.R.A. (N.S.) 821. 
 
 Negligence in ejection of sick or intoxi- 
 cated passenger. L.R.A.1915C, 147. 
 
 Disobedience of statute or ordinance relat- 
 ing to explosives as evidence for jury 
 in private action for injury. 48 L.R.A. 
 (N.S.) 880. 
 
 Negligence in failing to prevent contract of 
 wires carrying electric current. 52 
 L.R.A.(N.S.) 606. 
 
 40. Of employer. 
 
 Necessity for promulgation of rules by mas- 
 ter. 43 L.R.A. 314. 
 
 Master's liability for injury to servant by 
 defective ladder not forming part of 
 structure. 13 L.R.A. (N.S.) 689. 
 
 Right of jury to pass upon question of negli- 
 gence in use of a switch of a particular 
 type of construction. 26 L.R.A. (N.S.) 
 600. 
 
 Question for jury as to liability of railroad 
 company for injuries to employees 
 caused by defects in roadbed caused or 
 accompanied by rainfall. 49 L.R.A. 
 (N.S.) 198. 
 
 41. master's liability for negli- 
 gence of fellow servant. 
 
 As to master's nonliability for negligence of 
 coservants in respect to details of work. 
 54 L.R.A. 114. 
 
 As to what is a railroad hazard within stat- 
 ute changing fellow servant rule. 18 
 L.R.A. (N.S.) 485. 
 
 42. Injury on highway. 
 
 In respect of ice on sidewalk. 21 L.R.A. 
 277. 
 
 Care required to avoid injury to person 
 driving frightened horse. 69 L.R.A. 
 531. 
 
 Questions for jury in action against town- 
 ship for defects in highway. 13 L.R.A. 
 (N.S.) 1250. 
 
 Question for jury as to negligence in leav- 
 ing horse unhitched in highway. 10 
 L.R.A. (N.S.) 852. 
 
 Using, or permitting the use of, space under 
 street. 61 L.R.A. 589. 
 
 43. Railroad cases. 
 
 Precautions at railroad crossing. 15 L.R.A. 
 429. 
 
 Excessive speed resulting in injury to small 
 children on railroad track. 25 L.R.A. 
 789. 
 
 Negligence of railroad company operating 
 trains or cars longitudinally along pub- 
 lic street. 49 L.R.A. ( N.S. )' 660. 
 
 Negligence as to cattle guards. L.R.A. 
 1915B, 136.
 
 1322 
 
 INDEX TO L.R.A. NOTES. 
 
 TRIAL, III. i, 1 cont'd 
 44. Street car cases. 
 
 Duty of street railway company to equip 
 cars with safety appliances. L.R.A. 
 1915A, 752. 
 
 Negligence toward child from rate of speed 
 of street car. 25 L.R.A. 665. 
 
 Negligence of employees in charge of street 
 car in failing to keep lookout for child- 
 ren. 25 L.R.A. 665.. 
 
 As to negligence in permitting street cars 
 to become overcrowded. 4 L.R.A. (N.S.) 
 399. 
 
 2. Contributory negligence. 
 
 45. Generally. 
 
 Nonsuit or direction of verdict, see infra, 
 58. 
 
 As to care of person found killed by al- 
 leged negligence of another. 10 L.R.A. 
 261. 
 
 Intoxication as affecting. 47 L.R.A. (N.S.) 
 730. 
 
 Contributory negligence of one injured by 
 car making flying switcli or detached 
 car moving by its own momentum. 
 L.R.A.1916C, 1034. 
 
 46. Of passenger. 
 
 Getting on or off street car in motion. 38 
 L.R.A. 788; 30 L.R.A. (N.S.) 271. 
 
 Exposure of person at car window. 16 
 L.R.A. 92; 50 L.R.A. (N.S.) 42. 
 
 Exposing part of body bcvond side of car. 
 5 L.R.A.(N.S.) 274. 
 
 47. Of employee. 
 
 Whether servant relying upon orders is guil- 
 ty of contributory negligence. 17 L.R.A. 
 604. 
 
 Direct command to employee as making as- 
 sumption of risk and contributory neg- 
 ligence questions of fact only. 30 
 L.R.A. (N.S.) 442. 
 
 Disobedience of master's rules as contribu- 
 tory negligence. 24 L.R.A. 662. 
 
 Negligence of servant entering or remaining 
 in employment with knowledge of de- 
 fects. 49 L.R.A. 35. 
 
 Contributory negligence of employee in con- 
 tinuing work after master's promise to 
 repair where danger is great and im- 
 minent. 29 L.R.A. (N.S.) 603. 
 
 Contributory negligence of railroad em- 
 ployee injured by defects in roadbed 
 caused or accompanied by rainfall. 49 
 L.R.A. (N.S.) 205. 
 
 48. Of traveler on highway. 
 
 Questions for jury as to contributory neg- 
 ligence in action against municipality 
 for defects and obstructions in streets. 
 13 L.R.A. (N.S.) 1261; 21 L.R.A. (N.S.) 
 675; 48 L.R.A.(N.S.) 640. 
 
 Of driver of automobile at railroad cross- 
 ing. 46 L.R.A. (N.S.) 702. 
 
 Attempting to cross in front of observed 
 street car. L.R.A.1917C, 713. 
 
 Bcf/in with this book on every law question. 
 
 TRIAL, III. i, 2 cont'd 
 49. Of child. 
 
 Contributory negligence of infants general- 
 ly. L.R.A.1917F, 84. 
 
 Of child injured while walking along rail- 
 road track. L.R.A.1917F, 147. 
 
 As to what acts of child in attempting to 
 cross street car tracks are negligence. 
 11 L.R.A. (N.S.) 168; L.R.A.1917F, 175. 
 
 j. Miscellaneous. 
 
 50. Generally. 
 
 Is issue upon grounds of attachment for 
 court or jury. L.R.A.1918B, 344. 
 
 Legality of enactment of bill as question of 
 law. 40 L.R.A.(N.S.) 37. 
 
 As to account books. 52 L.R.A. 608. 
 
 As to affixing of internal revenue stamp on 
 instrument. 48 L.R.A. 318. 
 
 Question for jury as to time of alteration in 
 written instrument. 39 L.R.A. (N.S.) 
 100. 
 
 Condonation of servant's breach of duty as 
 a question for the jurv. 8 L.R.A. (N.S.) 
 1007. 
 
 Master's liability for wrongful or negligent 
 act of servant towards one having no 
 contract relation with master. 27 
 L.R.A. 202. 
 
 As to what is surface water. 25 L.R.A. 529. 
 
 Boundary on river or tidewater. 42 L.R.A. 
 511. 
 
 Value of the use or rental of property. 44 
 L.R.A.(N.S.) 499. 
 
 Question for jury as to whether transac- 
 tions pursuant to agreement with lo- 
 cal dealer to sell product of foreign 
 corporation within the state constitute 
 doing business therein. 44 L.R.A. ( N.S. ) 
 1096. 
 
 Receipt of communication sent through 
 mail as question for jury. 49 L.R.A. 
 (N.S.) 458. 
 
 Question whether porch or steps were used 
 in common by tenants. L.R.A.1915B, 
 100. 
 
 Reasonableness and propriety of ejection of 
 sick or intoxicated passenger. L.R.A. 
 1915C, 147. 
 
 51. Contractual matters generally. 
 
 Construction of contract having some provi- 
 sions peculiar to consignment and 
 agency contracts and others to sale con- 
 tracts. L.R.A.1917B, 626. 
 
 As to stated account. 27 L.R.A. 825. 
 
 Question whether contract has been sub- 
 stantially performed as one for court 
 or jury. 24 L.R.A. (N.S.) 350. 
 
 Liability of corporations on contracts of 
 promoters. 26 L.R.A. 544; 50 L.R.A. 
 (N.S.) 979. 
 
 As to implied contract for through carriage 
 by initial carrier. 31 L.R.A. (N.S.) 5. 
 
 As to passing of title on sale of personal 
 property. 22 L.R.A. 415. 
 
 Existence of warranty on sale of second- 
 hand article. L.R.A.I9I5U, 480.
 
 INDEX TO L.R.A. NOTES. 
 
 1323 
 
 TRIAL, III. j cont'd 
 52. Bills and notes. 
 
 Do presumptions which attach to commer- 
 cial paper necessarily entitle the holder 
 to go to the jury. L.R.A.1917E, 537. 
 
 Whether acceptance is payment of debt. 35 
 L.R.A. (N.S.) 107. 
 
 As to waiver or want of demand and notice 
 of dishonor. 29 L.R.A. 315. 
 
 53. Insurance matters. 
 
 Construction of policy, see supra, 37. 
 
 As to constructive total loss of insured 
 building. 56 L.R.A. 792. 
 
 Question for jury as to breach of provision 
 in insurance policy forbidding use of 
 intoxicating liquor. 15 L.R.A. (N.S.) 
 212. 
 
 Questions for jury in case of attempt to re- 
 ject or rescind policy not conforming to 
 representatives of insurers. 41 L.R.A. 
 (N.S.) 1140. 
 
 Questions for jury in action growing out of 
 provision in fire insurance policy pro- 
 hibiting presence of designated articles 
 on premises. 3 B. R. C. 50. 
 
 Question whether vacancy during change of 
 tenants violates vacancy clause in fire 
 policies covering rented premises. 
 L.R.A.1915B, 849. 
 
 Question as to keeping of prohibited arti- 
 cles on insured premises. L.R.A. 1917C, 
 298. 
 
 54. Criminal cases. 
 
 Direction of verdict, see infra, 59. 
 
 Questions affecting dying declarations. 56 
 L.R.A. 434. 
 
 Province of court and jury with respect to 
 proof of corpus delicti. 68 L.R.A. 79. 
 
 Possession of recently stolen property as 
 evidence of burglary, question for jury 
 as to. 12 L.R.A. (N.S.) 209. 
 
 Question whether barbering on Sunday is a 
 work of necessity. L.R.A.1917B, 97. 
 
 In prosecution for violation of act regulat- 
 ing speed of automobiles. L.R.A.1918D, 
 149. 
 
 55. homicide and assault. 
 
 Necessity for homicide, see supra, 25. 
 Malice, see supra, 33. 
 
 Where self defense is set up by person who 
 began conflict. 45 L.R.A/706. 
 
 As to withdrawal from controversy by de- 
 fendant in homicide relying on self-de- 
 fense. 45 L.R.A. 712. 
 
 As to what weapons are deadly under law 
 of homicide and assault. 21 L.R.A. 
 (N.S.) 499. 
 
 Effect of statutory declaration that murder 
 committed by certain means or while 
 engaged in commission of felony shall 
 be murder in the first degree, upon 
 right of jury to pass upon the degree. 
 12 L.R.A. (N.S.) 935; L.R.A. 1 91 f>D, 610. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TRIAL cont'd 
 
 IV. Nonsuit; direction of verdict; 
 peremptory instructions, 
 
 56. Generally. 
 
 Dismissal or discontinuance of action, see 
 DISMISSAL AND DISCONTINUANCE. 
 
 Conclusiveness of judgment of nonsuit, see 
 JUDGMENT, 31a. 
 
 Liability of replevin bond where nonsuit is 
 suffered without a judgment for the re- 
 turn of the property. L.R.A.1917A, 
 1191. 
 
 Judgment affirming a nonsuit as the law 
 of the case. 48 L.R.A. (N.S.) 464. 
 
 Effect of provision that jury shall determine 
 the law and the facts in libel cases on 
 right of court to grant nonsuit or di- 
 rect verdict. 51 L.R.A. (N.S.) 369. 
 
 Right of attorney to enter retraxit. 25 
 L.R.A.(N.S.ri313. 
 
 Right to direct verdict or enter nonsuit on 
 opening statement of counsel. 29 
 L.R.A. (N.S.) 218. 
 
 Right of plaintiff to take a nonsuit where 
 the defendant has interposed a coun- 
 terclaim entitling him to affirmative re- 
 lief, where right to such dismissal is 
 not defined or denied by statute. 15 
 L.R.A. (N.S.) 340. 
 
 Power of court to grant nonsuit in libel 
 cases. 33 L.R.A. (N.S.) 208. 
 
 Jurisdiction of court to enter final judgment 
 upon dismissal or nonsuit. 26 L.R.A. 
 (N.S.) 914. 
 
 57. Negligence. 
 
 Does the presumption of negligence arising 
 from the fact that a fire was set by a 
 railroad company's locomotive necessa- 
 rily make the question of negligence 
 one for the jury. 5 L.R.A.(N.S.) 99. 
 
 58. Contributory negligence. 
 
 Right to rely on presumption of self-prea- 
 ervation, in an action for negligently 
 killing, in order to prevent nonsuit, 
 where no eyewitnesses to the killing. 
 11 L.R.A.(N.S.) 844. 
 
 Right to peremptory instructions in regard 
 to contributory negligence. 33 L.R.A. 
 (N.S.) 1214. 
 
 59. Criminal cases. 
 
 Right of court in criminal case to direct a 
 verdict of guilty. 22 L.R.A.(N.S.) 304. 
 
 V. Instructions, 
 a. In general. 
 
 60. Generally. 
 
 Reversible error as to, see APPEAL AND 
 ERROR, 36. 
 
 Propriety of referring in argument to jury 
 to instructions of the court in previous 
 trials in the same cause. L.R.A. 1918D, 
 63. 
 
 Charging jury on Sunday. L.R.A.1915D, 
 361.
 
 1324 
 
 INDEX TO L.R.A. NOTES. 
 
 TRIAL, V. a cont'd 
 
 As to verdict. 24 L.R.A.(N.S.) 62. 
 
 Effect of provision that jury shall determine 
 the law and the facts in libel cases on 
 right of court to instruct the jury and 
 the effect of instructions. 33 L.R.A. 
 (X.S.) 209. 
 
 Right to reversal or new trial where jury 
 disregard erroneous instructions. 21 
 L.R.A.(N.S.) 852. 
 
 Instructions to jury in action to have 
 instrument importing an absolute con- 
 veyance declared a mortgage or pledge. 
 L.R.A.1916B, 557. 
 
 Propriety of instructions in action to re- 
 cover damages for mental anguish in 
 telegraph case. 49 L.R.A. (N.S.) 281. 
 
 ft. As to witnesses and evidence. 
 
 61. Generally. 
 
 Instruction in action for malicious prosecu- 
 tion, that malice may be inferred from 
 want of probable cause. L.R.A.1918A, 
 872. 
 
 As to presumption and burden of proof in 
 bastardy proceedings. L.R.A.1918C, 
 892. 
 
 As to value and weight of expert testimony 
 as to handwriting and typewriting. 
 L.R.A.1918D, 655. 
 
 Does an instruction that a witness is pre- 
 sumed to speak the truth invade the 
 province of the jury. 14 L.R.A. (N.S.) 
 947. 
 
 Necessity of qualifying by reference to con- 
 scious falsity an instruction under a 
 statute enacting the maxim, Falsits in 
 <uno. faJsus in omnibus, without that 
 qualification. 29 L.R.A. { N.S.) 080. 
 
 Cautionary instructions as to credibility of 
 defense witness indicted for same of- 
 fense. 43 L.R.A.(N.S.) 146. 
 
 Right of accused in criminal case to an 
 instruction as to the presumption of 
 his good character. 46 L.R.A. (N.S.) 
 343. 
 
 62. Necessity of, as to law of cir- 
 cumstantial evidence. 
 
 When evidence is entirely circumstantial. 
 69 L.R.A. 193. 
 
 When the evidence of guilt of accused is 
 direct. 69 L.R.A. 200. 
 
 Where evidence is both direct and circum- 
 stantial. 69 L.R.A. 209. 
 
 Where instruction, or request to charge, 
 simply states abstract proposition. 69 
 L.R.A. 210. 
 
 Testimony of accomplice. 69 L.R.A. 211. 
 
 Necessity of request for instruction or ex- 
 ception. 69 L.R.A. 211. 
 
 Refusal of request, the substance of which 
 is elsewhere charged. 69 L.R.A. 213. 
 
 Accused in juxtaposition to main or inculpa- 
 tory fact. 69 L.R.A. 213. 
 
 As to question of intent. 69 L.R.A. 215. 
 
 Miscellaneous cases. 69 L.R.A. 216. 
 
 TRIAL, V. b cont'd 
 
 63. Right to caution jury as to be- 
 lieving testimony of accused in his 
 own behalf. 
 
 Instructing generally as to credit to be 
 given to testimony of accused. 19 
 L.R.A. (N.S.) 804. 
 
 Instruction singling out testimony of ac- 
 cused generally. 19 L.R.A. (N.S.) 809. 
 
 Instruction as to disregarding testimony of 
 accused. 19 L.R.A. (N.S.) 810. 
 
 Instruction as to contradiction of acctised. 
 
 19 L.R.A. 811. 
 
 Instructing as to corroboration of testimony 
 
 of accused. 19 L.R.A. (N.S.) 812. 
 Instruction as to relation of accused to 
 
 case. 19 L.R.A. (N.S.) 814. 
 Instructing as to former conviction or other 
 
 charges against accused. 19 L.R.A. 
 
 (N.S.) 825. 
 Instructing as to demeanor of accused. 19 
 
 L.R.A. (N.S.) 825. 
 
 Instructing as to statutory statement by 
 accused. 19 L.R.A' (N.S.) 827. 
 
 c. As to negligence. 
 
 64. Generally. 
 
 In action for negligence respecting escape 
 
 and explosion of gas. 29 L.R.A. .1o4. 
 In action for injury to passenger from door 
 
 of vehicle. L.R.A.1918D, 535. 
 Instructions in actions against towr.shin for 
 
 defects in highway. 13 L.R.A. (N.S.) 
 
 1275. 
 
 65. Of employer. 
 
 In respect of knowledge as an element of em- 
 ployer's liability. 41 L.R.A. 153. 
 
 Failure to qualify master's duty as to places 
 and appliances by reference to ordinary 
 care or reasonable safety. 6 L.R.A. 
 (N.S.) 602. 
 
 Propriety of instructions as to delegation of 
 master's duty. 54 L.R.A. 62. 
 
 As to master's nonliability for negligence of 
 coservants in respect to details of 
 work. 54 L.R.A. 114. 
 
 66. Contributory negligence. 
 
 Misleading instructions as to contributory 
 negligence where burden is on defend- 
 ant. 33 L.R.A.(N.S.) 1178. 
 
 Instructions to jury as to servant's contrib- 
 utory negligence in failing to remem- 
 ber dangerous conditions. 41 L.R.A. 
 (N.S.) 86. 
 
 As to contributory negligence of children. 
 L.R.A.1917F, 37. 
 
 d. Criminal cases. 
 
 67- Generally. 
 
 Instructions as to evidence or witnesses, 
 see supra, 61-63. 
 
 Instructions as to character of accused. 
 
 20 L.R.A. 609. 
 
 As to alibi. 41 L.R.A. 539. 
 
 Necessity of instruction as to other crimes 
 
 in criminal prosecution. 62 L.R.A. 
 
 350. 
 
 Begin ir/f/i tliis TtooJs on every latv question.
 
 INDEX TO L.R.A. NOTES. 
 
 1325 
 
 TRIAL, V. d cont'd 
 
 Correctness of instruction as to evidence of 
 other crime. 62 L.R.A. 353. 
 
 Effect of instruction to disregard evidence 
 of other crimes. 62 L.R.A. 355. 
 
 Right of accused in criminal case to an in- 
 struction as to the presumption of hia 
 good character. 46 L.R.A.(N.S.) 343. 
 
 As to character of accused where evidence 
 is circumstantial. 20 L.R.A. 614. 
 
 Necessity for instructing as to "flight" rule. 
 2 L.R.A.(N.S.) 53. 
 
 Propriety of instruction to the effect that a 
 reasonable doubt is one for which a 
 reason can be assigned. 16 L.R.A. 
 (N.S.) 260. 
 
 68. Homicide. 
 
 In prosecution for homicide in commission 
 of an unlawful act. 63 L.R.A. 401 ; 45 
 L.R.A.(N.S.) 219. 
 
 Necessity of instructing as to homicide in 
 defense of dwelling. 2 L.R.A. (N.S.) 
 73. 
 
 Necessity of instructing, on trial for homi- 
 cide, on rule as to standing ground 
 when in the right. 2 L.R.A.(N.S.) 58. 
 
 What term "malice aforethought" in de- 
 fense of murder now means and how 
 the courts should deal with it in char- 
 ging the jury. 38 L.R.A. (N.S.) 1054. 
 
 Necessity of denning malice aforethought in 
 prosecution for murder. 38 L.R.A. 
 (N.S.) 1104. 
 
 Instruction in homicide cases upon rule of 
 reasonable doubt with reference to 
 cause of death. 49 L.R.A. (N.S.) 913. 
 
 Submission of question of lower degree to 
 jury in prosecution for homicide. 21 
 L.R.A.(N.S.) 18. 
 
 VI. Findings. 
 
 69. Generally. 
 
 Reversible error as to, see APPEAL AND ER- 
 ROR, 40. 
 
 Admissibilitv of, in evidence, see EVIDENCE, 
 133. " 
 
 Necessity of finding facts before adjudg- 
 ing one guilty of contempt. 30 L.R.A. 
 (N.S.) 564. 
 
 VII. Matters as to jury. 
 
 70. Generally. 
 
 Communication by judge with jury, see 
 
 supra, 5. 
 
 Argument to jury, see supra, 15-17. 
 Questions for jury, see supra, 19-55. 
 Instructions to, see supra, 60-68. 
 Withdrawal of juror, generally, see supra, 
 
 18a. 
 Withdrawal of juror in criminal case, see 
 
 CRIMINAL LAW, 38. 
 Reversible error as to, see APPEAL AND EB- 
 
 ROR, 39. 
 Matters as to jury on criminal trial, see 
 
 CRIMINAL LAW, 36-38. 
 Experiments in presence of, and by, jurors, 
 
 see EVIDENCE, 158, 158a. 
 View by jury, see EVIDENCE, 159. 
 Consult also L.R.A. Digests of Cases. 
 
 TRIAL, VII. cont'd 
 
 Right to trial by jury, see JURY, 3-7. 
 
 Impaneling, selection, and competency of 
 
 jurors, see JURY, 8-14. 
 Number and agreement of jurors, see JURY, 
 
 . 15- 
 
 New trial for matters as to jury, see NEW 
 TRIAL, 7-9. 
 
 Inquiries of witnesses by juror. 1 L.R.A. 
 (N.S.) 839. 
 
 Comparison of handwriting by. 62 L.R.A. 
 867. 
 
 Effect of judge communicating with, not in 
 open court. 17 L.R.A.(N.S.) 609. 
 
 Interference with as a crime. 25 L.R.A. 
 439. 
 
 Power of court to set aside award in con- 
 demnation proceedings for misconduct 
 of jurors. 27 L.R.A. (N.S.) 567. 
 
 Right of jury on retirement to take family 
 Bible or other religious book intro- 
 duced as evidence. 41 L.R.A. 456. 
 
 Right of jury to have reporter's shorthand 
 notes read to them. 21 L.R.A.(N.S.) 
 931. 
 
 71. Right of jurors to act on their 
 own knowledge. 
 
 Right of jurors to act on their own knowl- 
 edge of the facts in, or relevant to, 
 the issue. 31 L.R.A. 489; 37 L.R.A. 
 (N.S.) 790. 
 
 72. Coercion of jury. 
 
 Coercion of disagreeing jury. 16 L.R.A. 
 643. 
 
 73. Separation of jury. 
 
 Separation of jury in criminal trial, see 
 
 CRIMINAL I AW, 37. 
 In ejectment, see EJECTMENT, 8. 
 
 74. Discharge of jury. 
 
 Discharge of jury as former jeopardy, see" 
 CRIMINAL LAW, 63. 
 
 Effect of discharge on right to correct ver- 
 dict in criminal case. 23 L.R.A. 732. 
 
 How long jury will be permitted to deliber- 
 ate before a mistrial may be ordered in 
 a criminal case. 11 L.R.A. (N.S.) 178. 
 
 VIII. Verdict. 
 
 75. Generally. 
 
 Direction of verdict, see supra, IV. 
 
 As to sufficiency of evidence to support ver- 
 dict on appeal, see APPEAL AND ERROR, 
 31-34. 
 
 Reversible error as to, generally, see APPEAL 
 AND ERROR, 40. 
 
 Excessive or inadequate damages as ground 
 for reversal, see APPEAL AND ERROR, 
 32. 
 
 Instances of excessive or inadequate dam- 
 ages, see DAMAGES, 64, 65a. 
 
 As to damages allowed by verdict, generally, 
 see DAMAGES. 
 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, 185. 
 
 Judgment notwithstanding, see JUDGMENT, 
 13.
 
 132G 
 
 INDEX TO L.R.A. NOTES. 
 
 TRIAL, VIII. cont'd 
 
 Number and agreement of jurors necessary 
 to verdict, see JURY, 15. 
 
 Errors in verdict as ground for new trial, 
 see NEW TKIAL, 4-6. 
 
 Impeachment of verdict of testimony or Affi- 
 davit of jurors, see NEW TRIAL, 13. 
 
 In replevin suit, see REPLEVIN, 15. 
 
 Habeas corpus because of defective verdict. 
 L.R.A.1916F, 967. 
 
 Instructions as to. 25 L.R.A.(NS.) 62. 
 
 Set-off against verdict in hands of assignee. 
 23 L.R.A. 335. 
 
 In prosecution under statute enhancing pen- 
 alty for crime by prior offenders. 34 
 L.R.A. 407; 48 L.R.A. (N.S.) 207. 
 
 Garnishment of verdict before judgment. 
 4 L.R.A. (N.S.) 624. 
 
 Treating of jury after rendition of verdict 
 as ground for new trial or reversal. 19 
 L.R.A.(N.S.) 737; 49 L.R.A. (N.S.) 890. 
 
 Effect of verdict to cure duplicity in in- 
 dictment. 49 L.R.A.(N.S.) 455. 
 
 76. Reception of verdict. 
 
 Necessity of presence of accused, see CRIMI- 
 NAL* LAW, 46. 
 
 Delegation of power to receive verdict in 
 criminal case. L.R.A.1917E, 1090. 
 
 77. time of receiving. 
 
 Receiving verdict on Sunday. 7 L.R.A. 
 327;* 39 L.R.A. (N.S.) 844. 
 
 78. Sufficiency of verdict. 
 
 Of special verdict, see infra, 81. 
 
 Omission of dollar sign or word "dollars" 
 from verdict. 35 L.R.A.(N.S.) 653. 
 
 Sufficiency of verdict to -permit enhancing 
 penalty for crime committed by habit- 
 ual criminal or prior offender. 48 
 L.R.A.(N.S.) 207. 
 
 79. Chance verdict. 
 
 Chance verdict. 11 L.R.A. 706.* 
 
 80. Special verdict. 
 
 Amendment or correction of, see infra, 84. 
 
 In prosecution for sale of intoxicating, li- 
 quors without a license. 36 L.R.A. 
 (N.S.) 100. 
 
 81. sufficiency of. 
 
 What special verdict must contain. 
 L.R.A. (N.S.) 1. 
 
 24 
 
 82. General and special verdicts. 
 
 General and special verdicts. 6 L.R.A. 573.* 
 When special verdict will control general 
 verdict. 6 L.R.A. 574.* 
 
 83. Amendment or correction of 
 verdict. 
 
 Power of court to amend verdict by adding 
 
 . interest. 25 L.R.A. (N.S.) 311. 
 Curing separate verdicts rendered in action 
 for joint tort. 10 L.R.A.(N.S.) 191. 
 
 TRIAL, VIII. cont'd 
 
 Amendment of verdict or judgment to cure 
 defect for which motion in arrest of 
 judgment has been made. 67 L.R.A. 
 183. 
 
 Power of trial court to cure excessive ver- 
 dict by requiring or permitting a re- 
 duction where true measure of damages 
 not ascertainable by mere computation. 
 39 L.R.A. (N.S.) 1064. 
 
 Effect of discharge of jury on right to cor- 
 rect verdict. 23 L.R.A. 732. 
 
 84. special verdict. 
 
 Correction of special verdict. 24 L.R.A. (N. 
 
 S.) 72. 
 In criminal cases. 23 L.R.A. 735. 
 
 85. sealed verdict. 
 
 Correction of special verdict. 24 L.R.A. 
 (N.S.) 72. 
 
 Right to amend sealed verdict after sepa- 
 ration of jurors. 3 L.R.A.(N.S.) 1086. 
 
 86. in criminal cases. 
 
 General rules. 23 L.R.A. 723. 
 By the court. 23 L.R.A. 723. 
 By the jury under the court's directions. 
 
 23 L.R.A. 727. 
 
 After separation of jurors. 3 L.R.A. 
 (N.S.) 1086. 
 
 87. Effect of verdict. 
 
 Effect of verdict of jurors acting on their 
 
 own knowledge. 37 L.R.A. (N.S.) 794. 
 Effect of verdict on assignability of cause 
 
 of action for personal tort. 14 L.R.A, 
 
 514. 
 Effect of verdict for servant in action 
 
 against master and servant for latter's 
 
 negligence or misfeasance. 9 L.R.A. (N. 
 
 S.) 880; 30 L.R.A. (N.S.) 404; L.R.A. 
 
 1917E, 1029. 
 
 TRIAL BY JURY. 
 
 See JURY, 3-7. 
 
 TRIAL DE NOVO. 
 
 See APPEAL AND ERROR, 26. 
 
 TRICK. 
 
 Forgery by obtaining signature through. 1 
 L.R.A.(N.S.) 1075. 
 
 Begin with this !>oofc on ever)/ lair question. 
 
 TRICYCLE. 
 
 Municipal liability for injury to person 
 using tricycle by defect or obstruction 
 in street. 20 L.R.A. (N.S.) 756.
 
 INDEX TO L.R.A. NOTES. 1327 
 
 TRIMMING TREES. TROVER AND CONVERSION cont'd 
 
 Right of municipality to trim trees within 
 limits of highway. 20 L.R.A.(N.S.) 
 809. 
 
 Authority of municipal officers to trim trees 
 on private property to facilitate use of 
 street. 20 L.R.A.'(N.S.) 814. 
 
 TROUBLE. 
 
 As element of damages for carrying passen- 
 ger beyond destination. 17 L.R.A. (N. 
 S.) 1230. 
 
 TROVER AND CONVERSION. 
 
 I. In general, 1. 
 II. Right of action, 2-8. 
 III. Liability; defenses, 9, 1O. 
 
 I. In general. 
 
 1. Generally. 
 
 Liability of bailee for conversion, see BAIL- 
 MENT, 10. 
 
 Conflict of laws as to conversion, see CON- 
 FLICT or LAWS, 21. 
 
 Measure of damages for conversion, see 
 DAMAGES. 70. 
 
 Loss of profits as element of damages for 
 conversion, see DAMAGES, 109. 
 
 Landlord's liability for conversion of prop- 
 erty, see LANDLORD AND TENANT, 70, 
 71. 
 
 Pledgee's conversion of pledged property by 
 invalid sale, see PLEDGE AND COLLATER- 
 AL SECURITY, 13. 
 
 Action for conversion not prosecuted to 
 judgment as a conclusive election of 
 remedies. L.R.A.1917D, 657. 
 
 Conversion of proceeds of property acquired 
 by defendant under an agreement to 
 sell the same and turn over proceeds, 
 as larceny. 52 L.R.A.(N.S.) 1222 
 
 Conversion of stranded logs or timber. 
 43 L.R.A. (N.S.) 461. 
 
 Conversion of coin, obligation to pay in 
 coin. 29 L.R.A. 522. 
 
 Right of administrator de bonis non to as- 
 sets converted by predecessor. 40 
 L.R.A. 72, 73. 
 
 Effect of subsequent conversion of property 
 taken in good faith. 41 L.R.A.(N.S.) 
 555 . 
 
 Conversion as ground of attachment. 30 
 L.R.A. 490. " 
 
 Right .of one garnished in respect of prop- 
 erty wrongfully taken from debtor to 
 set off his own claim against latter. 
 30 L.R.A. (N.S.) 1185. 
 
 Voidability as preference by bankrupt, of 
 transfer made in satisfaction of claim 
 for misappropriation of property. 30 
 L.R.A. (N.S.) 1053. 
 
 Departure in reply, in actions for conver- 
 sion. 8 L.R.A. (N.S.) 291. 
 
 Joinder of original converter of property 
 in action for conversion. L.R.A. 1918F, 
 305. 
 
 Consult also L.R.A. Digests of Cases. 
 
 II. Right of action. 
 
 2. Generally. 
 
 Against person unlawfully cutting trees 
 from land. 19 L.R.A. 654. 
 
 To recover goods purchased with knowledge 
 of inability to pay for them. 44 L.R.A. 
 (N.S.) 1. 
 
 Action in trover against mortgagee of chat- 
 tels who has unlawfully seized the prop- 
 erty while assuming to act under mort- 
 gage. L.R.A.1915E, 198. 
 
 3. For what. 
 
 Tax receipts. 45 L.R.A. (N.S.) 785. 
 
 Gambling device. 45 L.R.A. (N.S.) 334. 
 
 Lottery ticket. 45 L.R.A. (N.S.) 776. 
 
 For dogs. 40 L.R.A. 507. 
 
 For bees. 40 L.R.A. 688. 
 
 For crops. 23 L.R.A. 471. 
 
 Against bank for special deposit. 32 L.R.A. 
 776. 
 
 Right to maintain trover to recover posses- 
 sion of paid bill or note. 16 L.R.A. (N. 
 S.) 1043. 
 
 Remedy of payee of check against one who 
 has taken it on indorsement of unau- 
 thorized agent. 13 L.R.A. (N.S.) 2.11. 
 
 For timber which has been cut but not re- 
 moved before expiration of time limit. 
 29 L.R.A. (N.S.) 550. 
 
 Right to maintain action for conversion of 
 timber, crops, buildings, etc., from land 
 in another state or country. 34 L.R.A. 
 (N.S.) 994; 44 L.R.A. (N.S.) 268. 
 
 4. Who may maintain action. 
 
 Action at law between partners, based on 
 conversion of firm property. L.R.A. 
 1918F, 1125. 
 
 Who is real party in interest by whom ac- 
 tion must be brought. 64 'L.R.A. 621. 
 
 Right of bailee to recover for damage to, or 
 conversion of property. 3 B. R. C. 
 388. 
 
 Right of ward to maintain trover against 
 guardian after termination of guardi- 
 anship, but before settlement of ac- 
 count. 26 L.R.A. (N.S.) 793. 
 
 Right of agent who was in possession of 
 personal property to maintain action 
 for conversion. *26 L.R.A. (N.S.) 840. 
 
 Right of principal to maintain trover or 
 case for money collected bv agent or 
 attorney. 20 L.R.A. (N.S.) 35. 
 
 Right of consignee to maintain action 
 against carrier. 36 L.R.A. (N.S.) 70. 
 
 Shipper's right to maintain trover for goods 
 shipped at rate that is not that fixed 
 by interstate commerce act. 38 L.R.A. 
 (N.S.) 354. . , 
 
 Right of action by creditor of fraudulent 
 vendor against fraudulent vendee who 
 has converted the property to his own 
 use or disposed of the same. 26 L.R.A. 
 (N.S.) 545. 
 
 Right of conditional vendee of personal 
 property to maintain action for conver- 
 sion of property. L.R.A. 1917D, 217.
 
 1328 
 
 INDEX TO L.R.A. NOTES. 
 
 TROVER AND CONVERSION, II. cont'd 
 5. Jurisdiction of action. 
 
 Jurisdiction of action for conversion of tim- 
 ber, crops, or building on lands in an- 
 other state. 26 L.R.A. (N.S.) 940; 44 
 L.R.A. (N.S.) 268. 
 
 6. What constitutes conversion. 
 
 Conversion by carrier, see CABBIEKS, 117. 
 
 Pledgee's conversion of pledged property by 
 invalid sale. 43 L.R.A. 737. 
 
 Sale of property at a loss or on unauthor- 
 ized terms by one rightfully in posses- 
 sion, as a conversion. 23 LJEl.A. (N. 
 S.) 573. 
 
 Conversion by driving team to place other 
 than that for which it was hired. 26 
 L.R.A. 366. 
 
 Surrender of property by bailee to one 
 neither the bailor nor the true owner. 
 33 L.R.A.(N.S.) 687. 
 
 Effect of unlawful seizure of property by 
 chattel mortgagee assuming to act un- 
 der mortgage. L.R.A.1015E, 193. 
 
 Removal of chattel to foreign country by 
 tenant in common as conversion. 7 B. 
 R. C. 313. 
 
 7. Demand. 
 
 Demand and refusal. 1 L.R.A. 305,* 318;* 
 
 9 L.R.A. 817.* 
 Necessity and effect of demand and refusal 
 
 as a condition of trover. 1 L.R.A. 
 
 305.* 
 
 8. Tender as condition. 
 
 Payment or tender of freight as a condition 
 precedent to an action against carrier. 
 21 L.R.A. 117. 
 
 When tender of freight money not condition 
 of conversion by the carrier's refusal 
 to surrender goods. 6 L.R.A. (N.S.) 
 1058. 
 
 Effect of unauthorized sale or disposal of 
 pledge by pledgee to dispense with tend- 
 er as a condition of trover against him. 
 6 L.R.A.(N.S.) 298; 24 L.RJL(N.S.) 
 511. 
 
 III. Liability; defenses. 
 
 TROVER AND CONVERSION, III. cont'd 
 
 Liability of officer who turns over articles 
 taken from prisoner to a third person 
 in recognition of the latter's adverse 
 claim. 19 L.R.A. (N.S.) 833. 
 
 Liability of landlord, or his agent, for con- 
 version of tenant's goods by one put in 
 .possession of the premises before the 
 expiration of the tenancv. 24 L.R.A. 
 (N.S.) 226. 
 
 In what capacitv executor or administrator 
 to be sued. 51 L.R.A. 263. 
 
 Valuation of property for purposes of trans- 
 portation as affecting carrier's liability 
 where it is converted or embezzled 
 while in its possession. 31 L.R.A. X. 
 S.) 309; L.R^.1918A, 756. 
 
 Liability of connecting carrier for detaining 
 freight on account of mistake as to 
 amount due. 32 L.R.A. (N.S.) 189. 
 
 Liabilitv of countv for conversion of prop- 
 erty. 39 L.R.A. 75. 
 
 Liability of drawee in an action of conver- 
 sion to the true owner of a check which 
 has been paid on a forged indorsement. 
 L.R.A.1918C, 615. 
 
 10. Defenses. 
 
 Right of defendant in action for conversion 
 to impeach plaintiff's title as being 
 based upon a contract void under the 
 statute of frauds. 2 B. R. C. 733. 
 
 Liability for conversion of property leased 
 or hired in violation of bunday law. 
 L.R.A.1915F, 044. 
 
 TRUCKING. 
 
 Action on contractor's bond for expense of 
 trucking. 43 L.R.A.(N.S.i 170; L.xi.A. 
 1915F, 953. 
 
 TRUCKMAN. 
 
 In general, see BAGGAGE TBAXSFEB COM. 
 PANT; DBAYMEN. 
 
 As carrier. 21 L.R.A. (N.S.) 188. 
 
 As independent contractor. 65 L.R.A. 468. 
 
 9. Liability. 
 
 Liability of school district or school cor- 
 poration for conversion. 49 L.R.A. 
 (N.S.) 3032. 
 
 Liability of servant or agent for conversion 
 under orders of employer. 50 L.R.A. 
 649. 
 
 Liability of agent to true owner for selling 
 or disposing of property intrusted to 
 him by his principal. 50 L.R.A. (N.S.) 
 52.. 
 
 Civil liability of insane person for conver- 
 sion. 42 L.R.A.(N.S.) 85. 
 
 Employer's liability for conversion of prop- 
 erty severed by servant sent to commit 
 trespass. 70 L.R.A. 737. 
 
 Liability of partnership for. 51 L.R.A. 473. 
 
 Liability of officers of a corporation for con- j What passes under bequest of contents of. 
 version by it. 28 L.R.A. 422. L.R.A.1915C, 655. 
 
 Begin with this book on every law question. 
 
 TRUE BILL. 
 
 Effect of indorsement of, on indictment. 28 
 L.R.A. 33. 
 
 TRUNK.
 
 INDEX TO L.R.A. XOTES. 
 
 1329 
 
 TRUST COMPANIES. 
 
 See SURETY COMPANIES. 
 
 TRUST DEED. 
 
 See MORTGAGE. 
 
 TRUSTEE. 
 
 In bankruptcy, see BANKRUPTCY, 23. 
 
 Of charitable bequest, see CHARITIES, 5, 
 D, 
 
 Of religious society, see RELIGIOUS SOCIE- 
 TIES, 10. 
 
 Generally, see TRUSTS, 18-31. ' 
 
 Right of receiver to take property from 
 possession of one holding as trustee. 
 47 L.It.A.(N.S.) 754. 
 
 TRUST EX MAUEFICIO. 
 
 See TRUSTS. 15. 
 
 TRUSTS, 
 
 /. In general, 1. 
 II. Creation; validity, 2-15. 
 
 a. In general, 2,3. 
 
 b. Express or declared trusts; 
 
 precatory trusts, 4-1O. 
 
 c. Parol twists; statute of 
 
 frauds, 11. 
 
 d. Implied, constructive, and 
 
 resulting trusts, 12-14. 
 
 e. Ex tnaleficio, 15. 
 
 III. Termination; revocation, 16, 
 
 17. 
 IV. Trustees, 18-31. 
 
 a. In general, 18-21. 
 
 b. ItigJtts and powers; compen- 
 
 sation, 22-24. 
 
 c. Duties and liabilities, 
 
 25-29. 
 
 d. Dealing with trust or cestui 
 que trust, 3O. 
 
 e. Account of, 31. 
 
 V. Interest of cestui que trust; 
 rigJits of creditors; spend- 
 thrift trusts, 32-34. 
 VI. Transfer of trust property, 
 
 35, 36. 
 
 VII. Follou-ing trust property, 37. 
 VIII. Enforcing trust; actions, 38, 
 
 39. 
 Lien on trust estate, 4O. 
 
 I. In general. 
 
 IX. 
 
 1. Generally. 
 
 Existence of fiduciary relation between at- 
 torney and client, see ATTORNEYS, 10. 
 Consult <77so L.R.A. Digests of Cases. 
 
 TRUSTS, I. cont'd 
 
 Existence of fiduciary relation between cor- 
 poration and its officers, see CORPORA- 
 TIONS, 50, 51. 
 
 Fiduciary relation of executor or adminis- 
 trator, see EXECUTORS AND ADMINIS- 
 TRATORS. 
 
 Existence of fiduciary relation between 
 guardian and ward, see GUARDIAN AND 
 WARD. 
 
 Existence of fiduciary relation between part- 
 ners, see PARTNERSHIP, 25-28. 
 
 Existence of fiduciary relation between prin- 
 cipal and agent, see PRINCIPAL AND 
 AGENT, 33-35. 
 
 Between relatives, see RELATIVES, 4. 
 
 In bank deposit, see BANKS, 12, 12a. 
 
 In funds of insolvent bank, see BANKS, 41. 
 
 In property of religious society, see RE- 
 LIGIOUS SOCIETIES, 3. 
 
 Application to debt due bank, of deposit in- 
 fiduciary character, see BANKS, 18. 
 
 Charitable trusts, see CHARITIES. 
 
 Duty of corporation as to transfer of cor- 
 porate stock held in trust, see CORPORA- 
 TIONS, 90. 
 
 Voting trust, see CORPORATIONS, 124. 
 
 Jurisdiction in cases of, see COURTS, 7; 
 EQUITY, 9. 
 
 As to. character of estate in real property, 
 see DEEDS, 28-31; WILLS, 77-102; 
 LIFE TENANTS. 
 
 Parol evidence as to, see EVIDENCE, 181. 
 
 As to executors and administrators, see EX- 
 ECUTORS AND ADMINISTRATORS. 
 
 As between husband and wife, see HUSBAND 
 AND WIFE, 53. 
 
 Improvements on trust property, see IM- 
 PROVEMENTS, 5. 
 
 Matters as to life tenant and remaindermen, 
 see LIFE TENANTS. 
 
 Limitation of action in case of, see LIMITA- 
 TION OF ACTIONS, 11, 37, 52. 
 
 As to trusts in restraint of trade or com- 
 merce, see MONOPOLY AND COMBINA- 
 TIONS. 
 
 Deed of trust to secure debt, see MORTGAGE. 
 
 As affected by rule against perpetuities, see 
 PERPETUITIES. 
 
 Place of taxation of trust property, see 
 TAXES, 48. 
 
 Effect of existence of trust on right to spe- 
 cific performance of contract in rela- 
 tion to personal property. L.R.A. 
 1918E, 611. 
 
 The statute of uses in the United States. 
 16 L.R.A.(N.S.) 1148. 
 
 Mechanics' liens on trust property. L.R.A. 
 1916B, 1267. 
 
 Recovery of payments required by one hold- 
 ing title as trustee as made under dur- 
 ess of real property. L.R.A.1915B, 500. 
 
 Security held by surety as trust for pay- 
 ment of debt. L.R.A.1916C, 1070. 
 
 In vessel; admiralty jurisdiction of. 66 
 L.R.A. 235. 
 
 Priority of notice of assignment to trustee 
 as giving priority of right. 66 L.R.A. 
 761. 
 
 Presumption as to time of alteration in dec- 
 laration of trust. 39 L.R.A.(N.S.) 109. 
 84
 
 1830 
 
 IXDEX TO L.R.A. NOTES. 
 
 TRUSTS, I. cont'd 
 
 Effect on, of failure of gift as violating rule 
 against perpetuities. 20 L.R.A. 512. 
 
 Necessity of consistency in complaint as to 
 representative or individual capacity of 
 party. 1 L.R.A. (N.S.) 101. 
 
 Association under trust agreement as part- 
 nership. 18 L.R.A. (N.S.) 1095. 
 
 \ 7 alidity of agreement with surety as to cus- 
 tody or control of trust funds. 16 
 L.R.A. (N.S.) 994. 
 
 Enforcement of contracts of service by court 
 of equity where applicant for relief is 
 in employment of a bodv of trustees. 6 
 L.R.A.(N.S.) 1128. 
 
 Property held by municipal corporation in 
 trust as subject of taxation. 34 L.R.A. 
 (N.S.) 143. 
 
 Necessity of pleading statute of frauds in 
 action to establish trust. 49 L.R.A. 
 (N.S.) 37. 
 
 //. Creation; validity, 
 a. In general. 
 
 2. Generally. 
 
 Of spendthrift trusts, see infra, 34. 
 Charitable trust, see CHARITIES. 
 Imp-ressing share of heir with trust, see 
 
 DESCENT AND DISTRIBUTION, 11. 
 Trust violating rule as to perpetuities, see 
 
 PERPETUITIES. 
 
 Upholding instrument otherwise ineffective 
 as a conveyance of real property as a 
 covenant to stand seized to uses. 38 
 L.R.A. (N.S.) 937. 
 
 Effect of deposit of funds belonging to the 
 depositor in a bank account in the name 
 of himself and another. L.R.A.1917C, 
 567. 
 
 Necessity of beneficiary's knowledge of 
 trust. 10 L.R.A. (N.S.) 616. 
 
 Sufficiency of execution of power of appoint- 
 ment by will creating a trust. 64 
 L.R.A. 903. 
 
 Law governing validity of trust in real 
 property. L.R.A.19*16A, 1044. 
 
 3. Necessity of word "heirs" to pass 
 fee to trustee. 
 
 Necessity of word "heirs" in deed or devise 
 in trust, to pass fee to trustee. 2 
 L.R.A. (N.S.) 172. 
 
 ft. Express or declared trusts; preca- 
 tory trusts. 
 
 4. Generally. 
 
 Effect of executor's promise as to payment 
 of legacy upon trust relations with leg- 
 atee. 9 L.R.A. (N.S.) 214. 
 
 Effect of specifying use of real estate in de- 
 vise to religious society as creating a 
 trust. 11 L.R.A.(N.S.) 512, 520. 
 
 Creation of trust by use of words "upon con- 
 dition," in will or conveyance of real 
 property. 9 L.R.A.(N.S.) 758. 
 
 Character of estate created by grant, lease, 
 or devise of property to person so long 
 as he shall desire to live upon it, or 
 devote it to a particular use. 21 L.R.A. 
 (N.S.) 575. 
 
 TRUSTS, II. b cont'd 
 5. Active trusts. 
 
 What constitutes a directory or an active 
 trust. 11 L.R.A. (N.S.) '331. 
 
 6. Voluntary trusts. 
 
 Power to revoke, see infra, 17. 
 
 Sufficiency of declaration to establish volun- 
 tary trust where legal title is retained 
 by settlor. 12 L.R.A. (N.S.) 547. 
 
 7. Bequest to one to divide as he 
 thinks best. 
 
 Gifts "in trust" or "upon trust." 37 L.R.A. 
 
 (N.S.) 401. 
 Where other provision is made for legatee. 
 
 37 L.R.A. (N.S.) 402; L.R.A.1917D, 821. 
 Gifts to executors or trustees eo nomine. 
 
 37 L.R.A. (N.S.) 403; L.R.A.1917D, 821. 
 Gifts to persons also appointed executors. 
 
 37 L.R.A.(N.S.) 405; L.R.A.1917D, 822. 
 Gifts to individuals designated bv name. 37 
 
 L.R.A. (N.S.) 407. 
 
 8. Secret trusts. 
 
 General doctrine and distinction. 20 L.R.A. 
 465. 
 
 Promises to the testator. 20 L.R.A. 465. 
 
 Secret trusts. 20 L.R.A. 469. 
 
 Secret trusts to use for masses. 25 L.R.A. 
 361. 
 
 Knowledge or notice of, sufficient to put pur- 
 chaser from fraudulent vendor on in- 
 quiry. 32 L.R.A. 56. 
 
 9. Precatory trusts. 
 
 Creation of trust by precatory words in a 
 
 will. 37 L.R.A. (N.S.) 646. 
 For charity or religion. 14 L.R.A. (N.S.) 
 77; 37 L.R.A. (N.S.) 991). 
 
 10. For payment of debts. 
 
 Effect of creation of testamentary trust for 
 payment of debts. 5 L.R.A.(N.S.) 
 355. 
 
 c. Parol trusts; statute of frauds. 
 
 11. Generally. 
 
 Constructive trust from grantee's oral 
 promise to grantor to hold in trust, see 
 infra, 13. 
 
 Parol evidence to establish trust in a third 
 person. 20 L.R.A. 109. 
 
 Creation of trust in personalty by parol. 51 
 L.R.A.(N.S.) 1208. 
 
 May statute of frauds be satisfied by a dec- 
 laration of trust signed by the trustee 
 alone. 38 L.R.A. (N.S.) 646. 
 
 Parol agreement to take title to real prop- 
 erty, sell the same and account for the 
 proceeds, as affected by statute of 
 frauds. 20 L.R.A. (N.S.)' 298. 
 
 Statute of frauds as affecting legal remedy 
 for breach of contract to purchase 
 land for and in the name of another. 5 
 L.R.A. (N.S.) 123. 
 
 Begin icith this l)ook on every laic question.
 
 INDEX TO L.R.A. NOTES. 
 
 1331 
 
 TRUSTS, II. cont'd 
 
 d. Implied, constructive, and resulting 
 trusts. 
 
 12. Implied or constructive trusts. 
 
 Existence of a trust in property stolen or 
 embezzled. L.R.A.1915B, 442. 
 
 Trust implied to effectuate purpose of con- 
 tract when its terms cannot be given 
 effect. 58 L.R.A. 115. 
 
 Does donor's expectation that the donee will 
 allow him to share in the benefit of the 
 property raise an implied trust to that 
 effect. '24 L.R.A. (N.S.) 1043. 
 
 Impressing share of heir, devisee, or legatee 
 with constructive trust because of his 
 fraud in frustrating decedent's inten- 
 tion to give the property to a third 
 person. 8 L.R.A.(N.S.) 698; 31 L.R.A. 
 (N.S.) 176. 
 
 Gratuitous conveyance as raising implied, 
 resulting, or constructive trust in 
 favor of the natural objects of 
 the bounty of the grantor or donor. 
 L.R.A.1915E, 648. 
 
 Constructive trust in deed of homestead by 
 husband to wife, with proviso attempt- 
 ing to derogate from her right of sur- 
 vivorship. 1 L.R.A. (N.S.) 312. 
 
 May a constructive trust be based upon an 
 undertaking to hold for the benefit of 
 another property received through de- 
 vise or inheritance where no actual tes- 
 tamentary intention has been frustrat- 
 ed. 33 L.R.A. (N.S.) 996; L.R.A.1918F, 
 1045. 
 
 When a purchaser of property for less than 
 value without fraudulent intent Avill be 
 regarded as a trustee for creditors. 5 
 L.R.A. (N.S.) 395. 
 
 Does assignee of mortgage as collateral se- 
 curity, who forecloses the same and 
 purchases the property, hold the title 
 subject to a trust in favor of the as- 
 signor. 7 L.R.A. (N.S.) :094. 
 
 R'ght of employer in products of labor of 
 fiduciary agents. 5 L.R.A. (N.S.) 1172, 
 1.179, 1193. 
 
 Implied trust in property of religious socie- 
 ty in case of schism or division. 24 
 L.R.A. (N.S.) 703. 
 
 13. constructive trust from gran- 
 tee's oral promise to grantor to hold 
 in trust. 
 
 Grantee's oral promise to grantor or person 
 furnishing consideration for con- 
 veyance, to hold in trust as giving 
 rise to constructive trust. 39 
 L.R.A. (N.S.) 906. 
 
 14. Resulting trusts. 
 
 In partnership lands. 27 L.R.A. 468; 37 
 L.R.A. (N.S.) 899. 
 
 Resulting trust in favor of one who pur- 
 chases stock-exchange seat in name of 
 another. 4 L.R.A. (N.S.) 435. 
 
 Effect of investment by husband in his own 
 name of wife's separate property in 
 real estate, to create trust in her favor. 
 6 L.R.A.(N.S.) 381; 26 L.R.A. (N.S.) 
 161. 
 
 Consult also L.R.A. Digests of Cases. 
 
 TRUSTS, II. d ont'd 
 
 Effect of statute of limitations on the trust 
 relationship arising from the taking of 
 title in the husband's name, to lands 
 inherited by or purchased with the 
 money of the wife. 12 L.R.A. (N.S.) 
 493. 
 
 Consideration in deeds for school purposes 
 as negativing resulting trust in favor 
 of the grantor. 44 L.R.A. (N.S.) 1223. 
 
 Gratuitous conveyance as raising resulting 
 trust in favor of the natural objects of 
 the bounty of the grantor or donor. 
 L.R.A.1915E, 648. 
 
 Right of true owner of land to benefit of 
 contract between adverse claimant and 
 third person. L.R.A.1916E, 720. 
 
 e. Ex maleficio. 
 
 15. Generally. 
 
 Law of, as affecting right to revoke license. 
 49 L.R.A. 497. 
 
 Doctrine of trust ex maleficio to uphold 
 rights of licensee for incurring of ex- 
 pense. 49 L.R.A. 524. 
 
 III. Termination; revocation. 
 
 16. Generally. 
 
 Power of court to dissolve. 18 L.R.A. 745. 
 Power of court to hasten enjoyment oi 
 
 trust fund. 46 L.R.A. (N.S.) 43. 
 Doctrine as to possibility of issue extinct 
 
 as affecting termination of trust. 48 
 
 L.R.A.(N.S.) 873. 
 Divorce as equivalent of death for purpose 
 
 of terminating a trust. L.R.A.1915E, 
 
 762. 
 
 17. Power to revoke or set aside 
 voluntary trust or settlement. 
 
 Generally. 15 L.R.A. 75. 
 Attempts at revocation. 15 L.R.A. 76. 
 Renunciation of beneficiaries. 15 L.R.A. 77. 
 Reserved power. 15 L.R.A. 77.' 
 Testamentary trusts. 15 L.R.A. 77. 
 Assistance of the court. 35 L.R.A. 78. 
 Necessity of power of revocation. 15 L.R.A. 
 
 78. 
 Voluntary trust binding in equity. 15 
 
 L.R.A. 79. 
 Where trustor sole beneficiary. 15 L.R.A. 
 
 80. 
 Mistake, fraud, undue influence, etc., as a 
 
 ground for relief from a voluntary 
 
 trust. 19 L.R.A. 767. 
 
 IV. Trustees, 
 a. In general. 
 
 18. Generally. 
 
 Following trust funds in hands of trustee, 
 see infra, 37. 
 
 In bankruptcy, see BANKRUPTCY, 23. 
 
 Trustees of charities, see CHARITIES, 5, fl. 
 
 As to executors and administrators, see EX- 
 ECUTORS AND ADMINISTRATORS. 
 
 Trustees as necessary parti-es to foreclosure 
 suit, see MORTGAGE, 71.
 
 1332 
 
 INDEX TO L.R.A. NOTES. 
 
 TRUSTS, IV. a cont'd 
 Of religious society, see REUGIOUS SOCIE- 
 TIES, 10. 
 
 Disqualification of trustee of one interested 
 in eminent domain proceedings to serve 
 as commissioner or juror. 47 L.R.A. 
 (N.S.) 166. 
 
 Competency as an attesting witness of offi- 
 cer or stockholder of a corporation 
 named as trustee. L.R.A.1916D, 185. 
 
 Payment of money deposited with bank to 
 credit of more than one trustee. L.R.A. 
 1915D, 921. 
 
 Presumption of satisfaction of trust debt 
 by legacy or devise to creditor. L.R.A. 
 1915B, 1175. 
 
 Negotiability of note payable to. 35 L.R.A. 
 678. 
 
 Effect of notice to trustees in trust deed of 
 fraudulent intent of grantor, bl L.R.A. 
 642. 
 
 Transfer of funds or securities from one es- 
 tate to another bv a common trustee. 
 16 L.R.A.(N.S.) 2"05. 
 
 Appointment of trustee to protect alimony. 
 38 L.R.A.(N.S.) 270. 
 
 Necessity of trustee on conveyance bv hus- 
 band to wife. 69 L.R.A. 362. 
 
 Circumstances sufficient to put one taking 
 paper from trustee on inquiry. 29 
 L.R.A.(N.S.) 365; 44 L.R.A. (N.S.) 403. 
 
 19. Who are or may be. 
 
 Power of municipality to administer, see 
 MUNICIPAL CORPORATIONS, 15. 
 
 Municipal corporations as trustee of a char- 
 ity. 14 L.R.A. 69. 
 
 Foreign corporation as trustee. 24 L.R.A. 
 291. 
 
 Power of foreign surety company to act as 
 trustee. 48 L.R.A" 593. 
 
 20. Removal. 
 
 Authority of legislature to remove munic- 
 ipality from trusteeship of charity. 
 16 L.R.A. 695. 
 
 21. Number of. 
 
 Power of court to change number of trus- 
 tees designated in trust instrument. 1 
 L.R.A.(N.S.) 802. 
 
 b. Rights and powers; compensation. 
 
 22. Generally. 
 
 Right to deal with trust estate, see infra, 
 
 30. 
 Rights of trustee in bankruptcy, see*BANK- 
 
 KUPTCT, 23. 
 Execution of power of sale conferred upon, 
 
 see POWERS, 3. 
 
 Equitable control of discretion vested in 
 
 trustee. 8 L.R.A.(N.S.) 398. 
 Right to set-off, in bankruptcy cases, claims 
 
 held in trust. 55 L.R.A.' 46. 
 Validity of acknowledgment of deed of 
 
 trust taken by trustee. 16 L.R.A. 719. 
 Implied power of trustee to sell real prop- 
 
 ertv. 32 L.R.A. (N.S.) 676. 
 
 Begin ^vith this boofc on every law question. 
 
 TRUSTS, IV. b cont'd 
 
 Right to enjoin an unlawful sale of church 
 property by trustees. 2 L.R.A. (N.S.) 
 828. 
 
 Power of trustee to mortgage trust estate 
 for purpose of making improvements so 
 as to render it productive. 7 L.R.A. 
 (N.S.) 263. 
 
 Right of trustee to execute lease to extend 
 beyond termination of trust. 13 L.R.A. 
 (N.S.) 496. 
 
 Power of testamentary trustee to carry on 
 business in behalf of estate. 40 L.R.A. 
 (N.S.) 204. 
 
 Right of person standing in fiduciary re- 
 lation to relocate mining claim for his 
 own benefit. 50 L.R.A. 184. 
 
 Notice to redeem from tax sale to one oc- 
 cupying as trustee for another. 44 
 L.R.A.(N.S.) 676. 
 
 Transfer of stock on books of corporation 
 at request of trustee. 45 L.R.A. (N.S.) 
 1079. 
 
 Power of court to authorize lease of trust 
 property for a longer period than was 
 contemplated by the creator of the 
 trust. 48 L.R.A. (N.S.) 1004. 
 
 Right to have title registered under the 
 Torrens Law. L.R.A.1916D, 61. 
 
 Right of trustees or executive committee of 
 club to indemnity for obligations in- 
 curred by them. 5 B. R. C. 763. 
 
 Right of trustee under trust deed covering 
 property sold conditionally, to complain 
 of failure to record the contract of con- 
 ditional sale. L.R.A.1917C, 445. 
 
 23. Admissions and waivers by 
 fiduciaries in actions. 
 
 By representatives of infants. 32 L.R.A. 
 
 671. 
 
 By trustees. 32 L.R.A. 686. 
 By executors and administrators. 32 L.R.A. 
 
 687. 
 
 By curator ad hoc. 32 L.R.A. 688. 
 By representatives of idiots and lunatics. 
 
 32 L.R.A. 688. 
 By confession of judgment. 32 L.R.A. 690. 
 
 23a. Investments. 
 
 Liability for losses on investments, see in- 
 fra, 26a. 
 
 Investments by trustees in foreign juris- 
 dictions. 45 L.R.A.(N.S.) 411. 
 
 24. Compensation. 
 
 Right of partner appointed trustee on liq- 
 uidation to compensation. 17 L.R.A. 
 (N.S.) 399; L.R.A.1917F, 576. 
 
 Right of trustee to retain bonus or gratuity 
 received from third person. 37 L.R.A. 
 (N.S.) 923. 
 
 Right as between trustee and cestui que 
 trust to compensation due for former's 
 services as director. 1 B. R. C. 313. 
 
 c. Duties and liabilities. 
 
 25. Generally. 
 
 Liability of trustee in bankruptcy, see 
 BANKRUPTCY, 23.
 
 INDEX TO L.R.A. NOTES. 
 
 133,1 
 
 TRUSTS, IV. c cont'd 
 
 Liability of infant as. 57 L.R.A. 688. 
 
 Liability of arbitrators as trustees. 42 
 L.R*.A.(N.S.) 281. 
 
 C'are demanded of trustee to sell real estate. 
 3 L.R,A.(N.S.) 415. 
 
 Liability of partnership for fraud with re- 
 spect to trust fund. 51 L.R.A. 486. 
 
 Right to have trust property wrongfully 
 pledged by a trustee for his individual 
 benefit redeemed by money belonging to 
 his insolvent estate. 6 L.R.A. (N.S.) 
 487. 
 
 Personal liability of trustee on corporate 
 stock belonging to trust but standing 
 in his name. 30 L.R.A.(N.S.) 1092. 
 
 Personal liability of trustee who signs con- 
 tract by adding words indicating rep- 
 resentative capacity to his signature. 
 42 L.R,A.(N.S.) 61. 
 
 Personal liability of trustee on covenant in 
 deed executed by him. 43 L.R.A. 
 (N.S.) 377. 
 
 Individual liability of testamentary trustee 
 for carrying on business in behalf of 
 estate. 40 L.R.A. (N.S.) 210. 
 
 Estoppel of beneficiaries to charge testa- 
 mentary trustees with losses sustained 
 in carrying on business in behalf of es- 
 tate. 40 L.R.A.(N.S.) 234. 
 
 For loss by bank failure. 14 L.R.A. 103; 
 45 L.I!.A.(N.S.) 1. 
 
 Liability of, for compound interest. 29 
 L.R.A. 622. 
 
 Extrinsic evidence to show who is liable as 
 maker of note. 20 L.R.A. 705. 
 
 26. For torts or negligence of serv- 
 ants. 
 
 In general. 63 L.R.A. 227. 
 Receivers. 63 L.R.A. 228. 
 
 26a. Investments. 
 
 Personal liability of a trustee for losses to 
 trust estate from investments. 44 
 L.R.A. (N.S.) 873. 
 
 27. Joint liability. 
 
 Joint liability of trustees. 4 L.R.A. 529.* 
 Joint receipt by trustees, effect of. 4 L.R.A. 
 529.* 
 
 28. For acts of cotrustee. 
 
 Liability for default of co-executor, see 
 EXECUTORS AND ADMINISTRATORS, 25. 
 
 Liability of inactive trustee for defalcation 
 of cotrustee. 38 L.R.A. (N.S.) 1029. 
 
 29. On bond. 
 
 Contingency of claim against sureties on 
 trustee's bond. 58 L.R.A. 86. 
 
 d. Dealing with trust or cestiii que 
 trust. 
 
 SO, Generally. 
 
 Fiduciary relations as affecting reliance on 
 fraudulent statement. 37 L.R.A. 613. 
 
 Independent advice as condition of valid 
 gift inter viros between trustee and 
 cestui que trintt. 16 L.R.A. (N.S.) 1087. 
 
 Consult rtfso L.R.A. DifjCftt* of Canes. 
 
 TRUSTS, IV. d cont'd 
 
 Right of executor or administrator to pur- 
 chase at his own sale. L.R.A.1918B, 7. 
 
 e. Account of. 
 
 31. Generally. 
 
 Stated account of. 27 L.R.A. 821. 
 Accounting for trust in gold or silver. 29 
 
 L.R.A. 523. 
 Effect of account on personal liability of 
 
 trustee for losses from investments. 
 
 44 L.R.A.(N.S.) 984. 
 
 V. Interest of cestui que trust; rights 
 of creditors; spendthrift trusts. 
 
 32. Generally. 
 
 Trustee dealing with cestui que trust, see 
 supra, 30. 
 
 Garnishment of bank deposit in a form im- 
 porting that depositor is acting as fi- 
 duciary. 34 L.R.A.(N.S.) 1207. 
 
 Judgment against trustee in mortgage or 
 deed of trust to secure debt as affect- 
 ing beneficiary who was not a partv. 
 35 L.R.A.(N.S.) 196. 
 
 Infant en venire so mere, as grantee in deed 
 of trust. 44 L.R.A. 490. 
 
 Right to subrogation to vendor's lien where 
 trust funds are used to pay for land. 
 37 L.R.A.(N.S.) 1208. 
 
 Notice of title from possession by cestui que 
 trust. 13 L.R.A.(N.S.) 121. 
 
 Effect of expression of intention to make 
 provision for family, upon estates tak- 
 en by beneficiaries of trust, in the ab- 
 sence of express definition thereof. ]" 
 L.R.A.(N.S.) 1215. 
 
 33. Rights of creditors, 'generally. 
 
 Effect of option of cestui que trust to re- 
 quire a conveyance, or otherwise ter- 
 minate the trust, to subject the same to 
 the claims of his creditors. 25 L.R.A. 
 (N.S.) 236. 
 
 May provision in will for support of a per- 
 son which is made a lien or charge up- 
 on property be reached by his creditors. 
 23 L.R.A.(N.S.) 526. 
 
 Application of child's property to his sup- 
 port where trustees have discretion. 57 
 L.R.A. 734. 
 
 Effect of trust conferred on personal rep- 
 resentative on right of garnishment. 
 47 L.R.A. 361. 
 
 Garnishment of claim of cestui que trust 
 against trustee. 59 L.R.A. 385. 
 
 Injunction against execution sale of trust 
 property. 30 L.R.A. 119. 
 
 34. Spendthrift trusts. 
 
 Law governing validity of. 2 L.R.A. (N.S.) 
 443. 
 
 Right, as against subsequent creditors, to 
 create trust to pay the income to set- 
 tlor for life, and, after his death, to his 
 heirs or devisees. 12 L.R.A.(N.S.) 369. 
 
 Constitutionality of statute subjectinu 
 spendthrift 'trust to debts. 40 L.R.A. 
 (N.S.) 1215.
 
 3334 
 
 INDEX TO L.R.A. NOTES. 
 
 TRUSTS, V cont'd 
 
 Interest of cestui que trust in spendthrift 
 trust as assets passing to trustee in 
 bankruptcy. L.R.A.1917A, 989. 
 
 TI. Transfer of trust property. 
 
 35. Generally. 
 
 Following trust property, see infra, 37. 
 Sale under power in deed of trust, see 
 MORTGAGE, 77. 
 
 Duty of corporation as to transfer of stock 
 'held in trust. ]5 L.R.A. 643. 
 
 Where trustees' sales to be made. 33 
 L.R.A. 96. 
 
 Injunction against negotiation of note held 
 in trust. 28 L.R.A. 578. 
 
 Power of court or guardian of incompetent 
 or habitual drunkard to consent to con- 
 veyance by trustee under a trust re- 
 quiring consent by cestui que trust. 39 
 L.R.A. (N.S.) 3S. 
 
 Possession of cestui que trust as adverse 
 within the rule against conveyance of 
 land held adversely. 35 L.R.A. (N.S.) 
 754. 
 
 36. To beneficiary. 
 
 Right to compel trustee of dry trust- to con- 
 vey to beneficiary. 38 L.R.A. (N.S.) 
 398. 
 
 VII. Folloiving trust property. 
 
 37. Generally. 
 
 Rights in funds of insolvent bank, see 
 BANKS, 41. 
 
 Identifying misapplied trust funds to follow 
 and recover them. L.R.A.1916C, 
 21. 
 
 Effect of legal remedy to defeat equitable 
 jurisdiction to follow trust funds. 6 
 L.R.A. (N.S.) 793. 
 
 VIII. Enforcing trust; actions. 
 
 38. Generally. 
 
 Enforcement of charitable trust, see CHAR- 
 
 ITIE8, 10. 11. 
 
 Action to enforce liability of stockholders, 
 
 see CORPORATIONS, 116a. 
 Limitation of action, see LIMITATION OP 
 
 ACTIONS, 37, 52. 
 
 Right of trustee to redress fraud practised 
 on the beneficiary of the trust. L.R.A. 
 1915E, 451. 
 
 Enforceability of promise by beneficiary to 
 pay proceeds of life insurance policy 
 to third person. 40*L.R.A.(N.S.) 692. 
 
 Right of one whose interest is merely con- 
 tingent, to maintain suit to establish 
 or enforce a trust. 7 L.R.A. (N.S.) 999. 
 
 Scope of statute permitting trustee of ex- 
 press trust to sue without joining bene- 
 ficiaries when rights as between bene- 
 ficiaries, or between them and the trus- 
 tee are involved. 6 L.R.A. (N.S.) 275. 
 
 TRUSTS, VIII. cont'd 
 
 Applicability of common law rule preclud- 
 ing executory contract for action at 
 law between husband and wife, where 
 husband acts as trustee. ]1 L.R.A. 
 (N.S.) 273. 
 
 Removal, because of separable controversy, 
 of actions relating to trusts. 5 L.R.A. 
 (N.S.) 87. 
 
 39. In equity. 
 
 Equitable enforcement of, in case of land, 
 as affected by statute of frauds. J 
 L.R.A.(N.S.) 112. 
 
 Jurisdiction of equity over suit to enforce 
 trust as to real property in another 
 state or country. 23 L.R.A. (N.S.) 924. 
 
 Jurisdiction of a court of equity to award 
 compensatory damages for breach of 
 trust. 14 L.R.A. (N.S.) 900. 
 
 Necessity of exhausting remedy at law as 
 condition of creditor's bill to enforce 
 trust. 23 L.R.A. (N.S.) 105. 
 
 IX. Lien on trust estate. 
 
 40. Generally. 
 
 Creation of lien on trust estate. 7 L.R.A. 
 656.* 
 
 TRUTH. 
 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 54. 
 As defense to libel or slander, see LIBEL AND 
 
 SLANDER, 38. 
 
 As defense to proceeding for contempt for 
 publishing pending trial of article 
 tending to influence result. 6 L.R.A. 
 (N.S.) 572. 
 
 Fact that witness's testimony is contradict- 
 ed by opposing testimony as warrant- 
 ing introduction of evidence of his 
 reputation for. 12 L.R.A. (N.S.) 364. 
 
 Is evidence of truth of alleged statement 
 admissible in criminal case to corrobor- 
 ate or disprove fact that statement was 
 made. 10 L.R.A. (N.S.) 335. 
 
 TUBERCULIN TEST. 
 
 Validity and construction of statutes as to. 
 34 L.R.A.(N.S.) 654; 43 L.R.A. (r.S.) 
 1072; L.R.A.1917C, 254. 
 
 Begin irith this ftooT.- on every laic question. 
 
 TUBERCULOSIS. 
 
 As element of damages for negligent injury. 
 48 L.R.A.(N.S.) 102. 
 
 Right of property owner to complain of lo- 
 cation of hospital for, in ni.'ic'liborhood. 
 25 L.R.A. (N.S.) 228.
 
 INDEX TO L.E.A. NOTES. 
 
 1333 
 
 TUGS. 
 
 Owners of, as independent contractors. 
 L.R.A. 471. 
 
 65 
 
 TUITION. 
 
 See SCHOOLS, lla. 
 
 TUNNELS. 
 
 1. Generally. 
 
 Injury by, to trainman on top of passing 
 train. 47 L.R.A.(N.S.) 497. 
 
 Power to permit tunnel under street for 
 private purposes. L.R.A. 1915F, 937. 
 
 Municipal liability for defects or obstruc- 
 tions in. 20 L.R.A. (N.S.) 573. 
 
 2. In mine. 
 
 Rights under tunnel-site location of mine, 
 see MIXES, 5. 
 
 Taking property for, under power of emi- 
 nent domain. 1 L.R.A. (N.S.) 978. 
 
 Exercise of eminent domain to secure right 
 of way for mining tunnel. 4 L.R.A. 
 (N.S.f 106. 
 
 Admissibility of evidence of condition of 
 tunnels before ( and after accident al- 
 leged to have caused injury. 32 L.R.A. 
 (N.S.) 1095. 
 
 Servant's assumption of risk from changing 
 condition of excavations in, during 
 progress of work. 19 L.R.A. (N.S. ; 
 352. 
 
 TURNING STATE'S EVIDENCE. 
 
 See STATE'S EVIDENCE. 
 
 TURN OUTS. 
 
 See SPUR TRACKS AND SIDINGS. 
 
 TURNPIKES. 
 
 As to toll roads, see TOLL ROADS. 
 
 Railroad on, as additional servitude. 36 
 L.R.A. (N.S.) 731. 
 
 Prohibiting use of automobiles on. 1 
 L.R.A. (N.S.) 221. 
 
 Taking of property for, as a public use. 22 
 L.R.A. (N.S.) 101. 
 
 Business of, affected with a public interest 
 subjecting them to regulation and con- 
 trol as to rates and prices. 6 L.R.A. 
 (N.S.) 835. 
 
 TURNTABLES. 
 
 See NEGLIGENCE, 23. 
 
 *-- 
 
 TURPENTINE. 
 
 L.R.A. 
 
 70 
 
 Keeping of, on insured premises. 
 
 1917C, 278. 
 Cutting of timber on public lands for. 
 
 L.R.A. 892. 
 Injunction against trespass to box trees for 
 
 turpentine. 43 L.R.A. (N.S.) 264. 
 Right as between owner of land and owner 
 
 of timber thereon to take turpentine 
 
 from trees. L.R.A.1915E, 307. 
 Liability for injury to employee by explosion 
 
 of. L.R.A.1918B, 866. 
 
 TYPEWRITING. 
 
 Comparison of, and expert evidence as to, 
 see EVIDENCE, 205a. 
 
 Typewritten matter as written or as print- 
 ed matter. L.R.A.1915D, 1084. 
 
 TYPEWRITTEN INSTRUMENT. 
 
 Presumption as to alteration of typewritten 
 instrument made in duplicate. 18 
 L.R.A. (N.S.) 680. 
 
 Of legal process or other legal papers. 
 L.R.A.1917B, 285. 
 
 u 
 
 ULTERIOR PURPOSE. 
 
 Right of court to decline jurisdiction of 
 suit because of plaintiff's motive or ul- 
 terior purpose. 6 B. R. C. 338. 
 
 Consult /.so L.R.A. Digests of Cases. 
 
 ULTRA VIRES. 
 
 Of corporation, see CORPORATIONS, 28-34. 
 
 Liability of municipality or other public cor- 
 poration on ultra, vires contract. 27 
 L.R.A.(N.S.) 1124; 46 L.R.A.(N.S.) 921.
 
 1336 
 
 INDEX TO L.R.A. NOTES. 
 
 ULTRA VIRES confd 
 
 Municipal liability for labor performed or 
 services accepted under ultra vires con- 
 tract. 27 L.R.A. (N.S.) 1128. 
 
 UMPIRE. 
 
 In general, see ARBITRATION, 4. 
 
 Effect of decision of, see CONTRACTS, 142. 
 
 UNACCEPTED OFFER. 
 
 Of compromise as tolling statute of limi- 
 tations. 37 L.R.A.(N.S.) 885. 
 
 UNACCEPTED TENDER. 
 
 See TENDER. 
 
 UNAUTHORIZED APPEARANCE. 
 
 Effect of, see APPEARANCE, 3. 
 
 UNAUTHORIZED PAYMENT. 
 
 Depositor's right to recover against one to 
 whom bank has made unauthorized 
 payment. 42 L.R.A.(X.S.) 1135. 
 
 UNBLOCKED SWITCHES. 
 
 Master's liability for injury to employee 
 by, see MASTER AND SERVANT, 95. 
 
 Leaving switch unlocked as proximate cause 
 of derailment of train resulting from 
 throwing of switch by stranger. 11 
 L.R.A.(N.S.) 738. 
 
 Private action for violation by railroad com- 
 pany of statutory duty to block frogs, 
 switches and crossings. L.R.A.1915E, 
 537. 
 
 UNBORN CHILDREN. 
 
 In general, see AFTERBORN CHILDREN. 
 
 Parent's statutory right of action for death 
 of unborn child. L.R.A.1916E, 122. 
 
 UNBROKEN CONTINUITY. 
 
 As essential to title by adverse possession, 
 see ADVERSE POSSESSION. 20. 
 
 UNCERTAIN PROFITS. 
 
 Loss of, as element of damages, see DAM- 
 AGES, 107-118. 
 
 UNCERTAINTY. 
 
 Of contract, see CONTRACTS, 20. 
 
 In description of beneficiaries, see WILLS, V. 
 
 UNCHASTITY. 
 
 Charge of, as ground for divorce, see DI- 
 VORCE AND SEPARATION, 23. 
 
 Actionability of words charging, see LIBEL 
 AND SLANDER, 12. 
 
 Antenuptial, as ground for divorce or annul- 
 ment of marriage. 18 L.R.A. 375; 
 L.R.A.1916E, 653. 
 
 Misrepresentations or concealment as to, as 
 ground for annulment of marriage 
 promise. 26 L.R.A. 431. 
 
 Effect of complainant's knowledge of 
 spouse's antenuptial unchastity as bar 
 to divorce for subsequent adultery. 23 
 L.R.A.(N.S.) 240. 
 
 Sufficiency of evidence to establish condona- 
 tion of antenuptial unchastitv or preg- 
 nancy. 6 B. R. C. 621. 
 
 UNCLE. 
 
 Implied agreement to pay for services ren- 
 dered to. 11 L.R.A.(N.S.) 884. 
 
 UNCONSCIOUSNESS. 
 
 Effect of unconsciousness of person injured 
 on admissibility as res gestce of sub- 
 sequent statements. 42 L.R.A. (N.S.) 
 967. 
 
 Signature made by hand of unconscious 
 person. L.R.A.1915B, 678. 
 
 UNDATED ENTRIES. 
 
 In books of acccount, admissibilitv in evi- 
 dence. 52 L.R.A. 586. 
 
 UNDECLARED DIVIDENDS. 
 
 Passing of, with stock. 45 L.R.A. 393; 
 
 Begin u'ith this 7>ook on every law question. 
 
 L.R.A.1917B, 320.
 
 INDEX TO L.R.A. NOTES. 
 
 1337 
 
 UNDELIVERED CHECK. 
 
 Check indorsed in blank as subject of lar- 
 ceny or embezzlement. 42 L.R.A. (N.S.) 
 499. 
 
 UNDELIVERED NOTE. 
 
 Liability for permitting undelivered note to 
 get into circulation. 3 L.R.A. (N.S.) 
 212. 
 
 TJNDENIED STATEMENTS. 
 
 Rule admitting, as affected by mental or 
 physical condition at the time. 13 
 L.R.A.(X.S.) 349. 
 
 UNDER-ESTIMATE. 
 
 Architect's under-estimate of cost of struc- 
 ture as basis of claim or defense 
 against him. 42 L.R.A. (N.S.) 125. 
 
 UNDERGROUND CROSSING. 
 
 Power of municipality to require railroad 
 company to keep highway in repair at. 
 18 L.R.A.(N.S.) 915. 
 
 UNDERTAKERS. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 167. 
 
 Undertaker's establishment as a nuisance, 
 see NUISANCES, 8. 
 
 Validity of agreement in restraint of trade 
 ancillary to sale of business as affected 
 by its territorial scope. L.R.A. 1916C, 
 630. 
 
 Liability for consenting to and co-operating 
 in unauthorized autopsy. L.R.A.1918D, 
 404. 
 
 UNDERWRITERS. 
 
 In general, see INSURANCE. 
 Unlawful combination of, see MONOPOLY AND 
 COMBINATIONS, 11. 
 
 UNDISCOVERED DISEASE. 
 
 Innocent misrepresentations as to health of 
 insured having. 53 L.R.A. 193. 
 
 UNDISCOVERED PERSONS. 
 
 Liability of railroad company for injury to, 
 see RAILROADS, 53, 63. 
 
 UNDISPUTED CLAIMS. 
 
 Payment of part of a liquidated and undis- 
 puted debt as a consideration for the 
 discharge of the whole. L.R.A.1917A, 
 719. 
 
 UNDIVIDED INTEREST. 
 
 Replevin for, see REPLEVIN, 7. 
 
 UNDUE INFLUENCE. 
 
 Presumption as to, see EVIDENCE, 52, 53. 
 Relevancy of evidence as to, see EVIDENCE, 
 
 260. 
 Sufficiency of evidence of, see EVIDENCE, 
 
 300. 
 On testator, see WILLS, 16, 17. 
 
 As a ground for relief from a voluntary 
 trust. 19 L.R.A. 767. 
 
 Effect of undue influence by physician to 
 avoid release. 5 L.R.A. (N.S.) 663; 50 
 L.R.A.(N.S.) 1091. 
 
 In contract requiring servant to elect be- 
 tween acceptance of benefits out of re- 
 lief fund and a prosecution of his 
 claims in an action for damages. 11 
 L.R;A.(N.S.) 192; 48 L.R.A. (N.S.) 448. 
 
 Rights' and remedies of prior beneficiary 
 where change of beneficiary is accom- 
 plished by fraud or undue influence. 
 L.R.A.1916C, 1133. 
 
 Undue influence in conveyance or transfer 
 of property in consideration of sup- 
 port of the grantor or a third per- 
 son. 52 L.R.A. (N.S.) 476. 
 
 UNEQUAL SERVICES. 
 
 Compensation of partner in case of. 17 
 L.R.A.(N.S.) 391; L.R.A.1917F, 575. 
 
 UNDISCLOSED PRINCIPAL. 
 
 See PRINCIPAL AND AGENT. 24-27, 43. 
 Consult alto L.It. .-I. Difjrsts of Cases. 
 
 UNFAIR COMPETITION. 
 
 1. Generally. 
 
 See also TRADEMARKS; TBADENAMES. 
 
 Imitation of union label. 39 L.R.A. (N.S.) 
 
 1191.
 
 1338 
 
 INDEX TO L.R.A. NOTES. 
 
 UNFAIR COMPETITION cont'd 
 
 Interference by competitor or others with 
 agents of dealer or manufacturer. 9 
 L.R.A. (N.S.) 904. 
 
 Unfair competition in sale or manufacture 
 of article, not protected by patent, iden- 
 tical witn that originated by com- 
 petitor. 17 L.R.A. ( Is. S.) 448. 
 
 Unfair competition by retailer or jobber as 
 against manufacturer by substitu- 
 tion of goods. 52 L.R.A.(N.S.) 
 899. 
 
 Liability of individual in absence of any 
 element of conspiracy for driving away 
 another's customers. 22 L.R.A. (X.S.) 
 1224; L.R.A.1915B, 1180. 
 
 Power of equity, upon enjoining unfair com- 
 petition to require defendant to pay 
 damages sustained by complainant as 
 distinguished from profits realized by 
 defendant. 21 L.R.A. (N.S.) 526. 
 
 2. What constitutes. 
 
 By adoption of descriptive term from for- 
 eign language. 32 L.R.A. (N.S.) 443. 
 
 In use of combination of geographical name 
 with numeral. 34 L.R.A. (N.S.) 1040. 
 
 Unfair competition by placing means there- 
 of in hands of retailer without any in- 
 tention to deceive him. 9 L.R.A. (N.S.) 
 ]096; 24 L.R.A. (N.S.) 90L 
 
 Infringement or unfair competition in sim- 
 ulating toy or other article of no utili- 
 ty which is a diminutive replica of ar- 
 ticle in general use. 44 L.R.A. (N.S.) 
 ]057. 
 
 Unfair competition in using rival's contain- 
 er for competing product. L.R.A.1915F, 
 945. 
 
 Use of another's trademark or insignia not 
 technically a trademark for advertis- 
 ing purposes as unfair competition. 
 L.R.A.1915B, 889. 
 
 3. Protection against. 
 
 Injunction against, see INJUNCTION, 69, 
 70. 
 
 Protection of union labels on ground of. 39 
 L.R.A. (N.S.) ]194. 
 
 Protection of descriptive word or phrase on 
 the ground of unfair competition. 
 L.R.A.1918A, 980. 
 
 Right to protection in use of terms descrip- 
 tive of a process. L.R.A.1916E, 034. 
 
 Right to protection against use of a par- 
 ticular number by a competitor. 8 
 L.R.A. (N.S.) 1153. 
 
 Right to protection against use by rival of 
 similar design, shell or pattern not pro- 
 tected by patent. 19 L.R.A. (N.S.) 269; 
 37 L.R.A.(N.S.) 259. 
 
 Right to protection in use of geographical 
 name on ground of unfair compe- 
 tition. 26 L.R.A.(N.S.) 73. 
 
 UNFINISHED BUILDING. 
 
 Insurable interest in. 43 L.R.A. 664. 
 
 UNFIT CONDITION. 
 
 Of prison, liability for injury due to, see 
 JAILS AND PRISONS, 3. 
 
 UNFITNESS. 
 
 Of fellow-servant, master's duty as to, see 
 MASTER AND SERVANT, 104, 105. 
 
 Liability for serving unfit food. 40 L.R.A. 
 (N.S.) 480; L.R.A.1915B, 481. 
 
 UNFOUNDED BELIEF. 
 
 As proof of testamentary incapacitv. 27 
 L.R.A. (N.S.) 66; L.R.A.1915A, 459. 
 
 UNFOUNDED CLAIM. 
 
 As subject of valid compromise. 25 L.R.A. 
 (N.S.) 275. 
 
 UNGUARDED MACHINERY. 
 
 Master's duty to guard machinery, see MAS- 
 TER AND' SERVANT, 90. 
 
 UNIFORM. 
 
 Right to require or prohibit wearing of uni- 
 forms in public school or college. 42 
 L.R.A. (N.S.) 337. 
 
 UNIFORMITY. 
 
 In license fee, see LICENSE, 46, 46a. 
 
 In taxation, see TAXES, 8-12, 39, 93, 94. 
 
 UNILATERAL CONTRACTS. 
 
 In general, see CONTRACTS, 18. 
 
 Consideration for promise to pay for secur- 
 ing release from. L.R.A.1918F, 666. 
 
 UNINCORPORATED SOCIETY. 
 
 Charitable gift to, 'see CHARITIES, 4. 
 
 Becfin with this booJc on rverif law question. 
 
 UNINDORSED CHECK. 
 
 As subject of larceny or embezzlement. 
 L.R.A. (N.S.) 499. 
 
 42
 
 INDEX TO L.R.A. NOTES. 
 
 1330 
 
 UNION. | UNITED STATES cont'd 
 
 I Rights in literary work done in connection 
 Labor union, see CONSPIRACY, 4-8; LABOR j with official duties. 5 L.R.A. (N.S.) 
 
 ORGANIZATIONS. 
 Of Cumberland and Presbyterian churches, 
 see RELIGIOUS SOCIETIES. 
 
 UNION DEPOT. 
 
 Power to require establishment of. L.R.A. 
 1915D, 98. 
 
 Person at, as a passenger. 40 L.R.A. (N.S.) 
 778. 
 
 Liability of railroad company for injuries 
 to its servants by negligence of union 
 depot employees. 13 L.R.A. (N.S.) 
 1106. 
 
 Liability of union depot company for negli- 
 gence of its own or carrier's employees. 
 33 L.R.A.(N.S.) 433. 
 
 UNION LABELS. 
 
 See LABELS, 2. 
 
 UNION LABOR. 
 
 See LABOR ORGANIZATIONS. 
 
 - * - 
 UNION MORTGAGE CLAUSE. 
 
 Efl'ect on rights of mortgagee of breach of 
 policy by mortgagor under. 18 L.R.A. 
 (N.S.)' 204; L.R.A.1915C, 759. 
 
 UNITED STATES. 
 
 1. Generally. 
 
 Bonds of, see BONDS, III. 
 Tax on property or instrumentalities of, 
 see TAXES, *6, 7. 
 
 Giving of free service or reduced rates by 
 public service corporation to Federal 
 government as an unlawful discrim- 
 ination. L.R.A.1918D, 906. 
 
 Duty of government official to know signa- 
 ture of drawer of draft. L.R.A.1915D, 
 797. 
 
 As trustee in charitable bequest. 14 L.R.A. 
 (N.S.) 113. 
 
 Jurisdiction of state courts over lands of. 
 17 L.R.A. 720. 
 
 2. Rights and powers. 
 
 Eight to erect wharves. 40 L.R.A. 647. 
 Control of right of fishery. 39 L.R.A. 581. 
 
 3. property rights. 
 
 Ownership of waters by. see WATERS. 8. 
 Consult also L.R.A. Dif/esta of Cases, 
 
 1103. 
 
 4. Claims against. 
 
 Running of limitations on, see LIMITATION 
 OF ACTIONS, 16. 
 
 Situs of claims against, for purposes of ad- 
 ministration. 24 L.R.A. 687. 
 
 Circumstances under which employee of 
 United States may recover remunera- 
 tion for extra work. 30 L.R.A. (N.S.) 
 660. 
 
 Acceptance of partial allowance of claim 
 as an accord and satisfaction. 42 
 L.R.A.(N.S.) }12. 
 
 5. Claims in favor of. 
 
 Imprisonment for debts owing to. 34 L.R.A. 
 
 671. 
 Exemption as against finefe and penalties 
 
 when United States is the plaintiff. 
 
 L.R.A.1915A, 1216. 
 
 Applicability as against government of pre- 
 sumption of payment from lapse of 
 
 time. L.R.A.1916B. 739. 
 Applicability to government of statutes 
 
 limiting liability of shipowners. 
 
 L.R.A.1917C, 1110. 
 
 6. priority of. 
 
 Of claims against insolvent, see INSOLVENCY, 
 
 7- 
 Priority of judgment in favor of. 47 L.R.A. 
 
 479. 
 Common-law priority of United States in 
 
 payment from assets of debtor. 46 
 
 L.R.A.(N.S.) 261; L.R.A.1918A, 398. 
 
 UNITED STATES BONDS. 
 
 In general, see BONDS, III. 
 
 Taxation, as part of capital stack of corpo- 
 ration. 57 L.R.A. 57 ; 58 L.R.A. 568. 
 
 Applicability of general tax exemptions to 
 inheritance or succession tax on. 23 
 L.R.A. (N.S.) 1208. 
 
 UNITED STATES MARSHAL. 
 
 See MARSHAL. 
 
 UNITED STATES SENATORS. 
 
 Provision in primary election laws for popu- 
 lar election of." 22 L.R.A. (N.S.) 1147. 
 
 Constitutionality of popular elections of. 41 
 L.R.A. (N.S!) 140. 
 
 UNITED STATES SUPREME COURT. 
 
 See SUPREME COURT OF THE UNITED STATES.
 
 1340 
 
 INDEX TO L.R.A. NOTES. 
 
 UNKNOWN CHANNEL. 
 
 Character of water flowing underground in 
 defined but unknown channel. 2 B. 
 R, C. 991. 
 
 UNKNOWN NAME. 
 
 Liability of officer for making arrest of per- 
 son having. 51 L.R.A. 219. 
 
 UNKNOWN PERSONS. 
 
 Effect of omission of statement that owner 
 is unknown in proceedings in rem to 
 enforce tax. 36 L.R.A.(N.S.) 1060. 
 
 Telegraph company's duty as to discovery 
 of unknown sendee. 22 L.R.A. (N.S.) 
 761. 
 
 i 
 
 UNLAWFUL ACT. 
 
 Homicide in commission of, see HOMICIDE, 
 
 10, 11, 16-18. 
 Homicide to prevent, see HOMICIDE, 23. 
 
 UNLAWFUL ARREST. 
 
 Liability for, see FALSE IMPRISONMENT. 
 
 Homicide in resisting. 66 L.R.A. 375; 33 
 L.R.A.(N.S.) 147. 
 
 UNLAWFUL ASSEMBLAGES. 
 
 Municipal liability for permitting in street. 
 23 L.R.A.(N.'S.) 638. 
 
 UNLAWFUL BUSINESS. 
 
 Liability of partnership for engaging in. 
 51 L.R.A. 495. 
 
 UNLAWFUL DETAINER. 
 
 See FORCIBLE ENTRY AND DETAINER. 
 
 UNLAWFUL WORK. 
 
 Employer's liability for acts of independent 
 contractor in.' 14 L.R.A. 831. 
 
 UNLICENSED PERSONS. 
 
 Effect of failure to procure license, see LI- 
 CENSE, 15, 16. 
 
 UNLIQUIDATED CLAIMS. 
 
 Accord and satisfaction as to. see ACCORT> 
 
 AND SATISFACTION. 
 
 Gai-nishment of, see GARNISHMENT, 11. 
 Set-off of or against, see SET-OFF ANJX 
 
 COUNTERCLAIM, 5. 
 
 Application to, of doctrine of accounts stat- 
 ed. 45 L.R.A. (N.S.) 537. 
 
 Right to maintain action or on original un- 
 liquidated claim for mere failure to 
 pay at time stipulated in agreement of 
 accord or compromise. 45 L.R.A. 
 (N.S.) 1002. 
 
 Interest during receivership on unliquidated 
 claim accruing prior to appointment of 
 receiver. L.R.A.1917D, 1169. 
 
 UNLIQUIDATED DAMAGES. 
 
 Set-off of, in bankruptcy cases. 55 L'.R.A. 
 
 37. 
 Set-off of damages existing before rendition 
 
 of judgment as ground for injunction. 
 
 31 L.R.A. 765. 
 
 UNLIQUIDATED DEMANDS. 
 
 Accord and satisfaction by part payment of,, 
 see ACCORD AND SATISFACTION. 3. 
 
 UNLOADED WEAPON. 
 
 Pointing unloaded firearm as assault. 15- 
 . L.R.A.(N.S.) 1272. 
 
 UNLOADING CARS. 
 
 As railroad hazard within statute changing 
 fellow servant rule. 18 L.R.A. (N.S.) 
 480; 47 L.R.A. (N.S.) 115. 
 
 Provision exempting carrier from liability 
 for loss due to unloading as extending 
 to loss caused by negligence. 6 B. R, 
 C. 131. 
 
 UNLOADING TESSEL. 
 
 See SHIPPING, 19. 
 
 Bet/in ii'ith this Itools on every laic question. 
 
 UNMARRIED. 
 
 Meaning of word. 15 L.R.A. 292.
 
 INDEX TO L 
 TJNMATURED CLAIM. 
 
 Set-off of. see SET-OFF AND COUNTERCLAIM, 
 
 19. 
 
 UNNATURAL BEQUEST. 
 
 Effect of unnatural testamentary disposition 
 on question of undue influence. 6 
 L.R.A.(N.S.) 202; 22 L.R.A.(N.S.) 
 1024. 
 
 UNNECESSARY DANGER. 
 
 Voluntary exposure to, see INSURANCE, 
 158, 164. 
 
 UNPRECEDENTED FLOOD. 
 
 As act of God. 11 L.R.A. 615. 
 
 Destruction of boom or dam by, as affect- 
 ing liability of one under contract to 
 build and maintain it. 35 L.R.A. 
 (N.S.) 1109. 
 
 Contractor's liability to replace bridge de- 
 stroyed by unprecedented flood against 
 which he does not contract. 15 L.R.A. 
 (N.S.) 833. 
 
 UNPUBLISHED PICTURES. 
 
 Common -law right in. 1 B. R. C. 195. 
 
 UNQUALIFIED LIMITATIONS. 
 
 Under rule in Shelley's Case. 29 L.R.A. 
 (N.S.) 1069, 1123, 1148. 
 
 UNREASONABLE DETENTION. 
 
 Effect of, on liability of officer making ar- 
 rest. 51 L.R.A/ 216. 
 
 UNREASONABLE SEARCH. 
 
 See SEARCH AND SEIZURE. 
 
 UNREPEATED MESSAGES. 
 
 Validity of limitation of liability of tele- 
 sraph company for. 11 L.R.A. (N.S.) 
 561: 30 L.R.A. (N.S.) 409; L.R.A. 
 1015B. 685. 
 
 Applicability of stipulation as to repeating 
 telegraph messages to failure or delay 
 in transmission or delivery. 28 L.R.A. 
 (N.S:) 566. 
 
 Consult crfso L*B.A. Digests of Cases. 
 
 R.A. NOTES. 1341 
 
 UNRESTRICTED INDORSEMENT. 
 
 Parol evidence as to purpose of, see EVI- 
 DENCE, 171. 
 
 UNSANITARY PREMISES. 
 
 Vendor's liability to purchaser on account 
 of unsanitary condition of premises. 
 34 L.R.A.(N.S.) 1035. 
 
 UNSEALED INSTRUMENT. 
 
 Unsealed transfer or assignment as a gift. 
 21 L.R.A. 693. 
 
 UNSHAKABLE DELUSIONS. 
 
 As proof of testamentary incapacity. 27 
 L.R.A.(N.S.) 72; L.R.A.1915A, 459. 
 
 UNSOCIABILITY. 
 
 As ground for divorce. 51 L.R.A. (N.S.) 
 460. 
 
 < 
 
 UNSOUND MIND. 
 
 See INCOMPETENT PERSONS. 
 
 UNSTAMPED INSTRUMENT. 
 
 See INTERNAL REVENUE, 2. 
 
 UNUSED MATERIALS. 
 
 As basis of mechanics' lien, see MECHANICS' 
 LIENS, 11. 
 
 UNUSUAL STORMS. 
 
 Municipal liability for injury by surface 
 water during. 65 L.R.A. 277. 
 
 UNWHOLESOMENESS. 
 
 Of food, liability for injury by, see FOOD, 
 5. 
 
 UNWILLING WITNESS. 
 
 Right of party calling to impeach. 21 
 L.R.A. 423.
 
 1342 
 
 INDEX TO L.R.A. NOTES. 
 
 UPLAND. 
 
 Rights of owner of, in water generally, see 
 
 WATERS, II. 
 Right of owner of, to access to water, see 
 
 WATERS, 11. 
 Separation of riparian rights from, see WA- 
 
 TEBS, 36. 
 
 URINAL. 
 
 Injunction against public urinals constitut- 
 ing nuisance. 23 L.R.A. 303. 
 
 USAGE. 
 
 See CUSTOM AND USAGE. 
 
 USE. 
 
 Use and occupation, see USE AND OCCUPA- 
 TION*. 
 
 Restrictions on use of dedicated property, 
 see DEDICATION, 3. 
 
 Of insured premises, see INSURANCE, 74- 
 78, 85-87. 
 
 See also' USES. 
 
 Permissive user which will constitute a ded- 
 ication of a wharf or landing place. 
 48 L.R.A. (X.S.) 469. 
 
 As acceptance of dedicated highway. 38 
 L.R.A. 510. 
 
 Effect of mere use of highway over public 
 domain as acceptance of grant of right 
 of way. 9 L.R.A. (N.S.) 1223; L.R.A. 
 1917A, 359. 
 
 Acquisition of easement of way or passage 
 by use and severance. 26 L.R.A. (N.S.) 
 346; L.R.A.1915C, 349. 
 
 Notice of title to land from. 13 L.R.A. 
 (N.S.) 94. 
 
 Parol evidence to establish. 20 L.R.A. 109. 
 
 As waiver of right to rescind for breach of 
 warranty or noncompliance with con- 
 tract. 36 L.R.A. (N.S.) 467. 
 
 USER. 
 
 See USE. 
 
 USES. 
 
 In general, see TRUSTS. 
 Charitable uses, see CHARITIES. 
 See also USE. 
 
 USURPATION. 
 
 Of governmental powers, see CONSTITUTION- 
 AL LAW. 18-20. 
 
 Of office, see MUNICIPAL CORPORATIONS, 
 118; OFFICERS, 27. 
 
 Scope and effect of provision exempting in- 
 surer from loss caused by usurped pow- 
 er. 36 L.R.A. (N.S.) 1155. 
 
 Mandamus to compel one usurping office to- 
 turn over papers. 35 L.R.A. (N.S.) 528. 
 
 USE AND OCCUPATION. 
 
 Accounting for by cotenant, see COTENAN- 
 CY, 8. 
 
 When action for use and occupation of 
 premises will lie. 14 L.R.A. 156; 26 
 L.R.A. 802. 
 
 Liability for use of leased premises by one 
 seizing tenant's goods or chattels. 43 
 L.R.A.(N.S.) 527. 
 
 Liability of cotenants to account for. 28 
 L.R.A. 829; 29 L.R.A. (N.S.) 224. 
 
 Of intestate's property, liability of adminis- 
 trator. 40 L.R.A. 344. 
 
 Action for, when lease invalid under stat- 
 ute of frauds. 26 L.R.A. 802. 
 
 Admissibility of books of account to prove. 
 52 L.R.A. 714. 
 
 Begin with tJiis booh on every law question. 
 
 USURY. 
 
 I. In general, 1. 
 II. What constitutes, 28a. 
 III. Effect; defenses; remedies; penal- 
 ties, 9-15. 
 a. Effect, 9-11. 
 ft. Defenses, 12, 13. 
 
 c. Remedies, 14. 
 
 d. Penalties, 15. 
 
 I. In general. 
 
 1. Generally. 
 
 Effect of preferring usurious debt in as- 
 signment for creditors, see ASSIGN- 
 MENT FOR CREDITORS, 16. 
 
 Law of place as to, see CONFLICT OF LAWS, 
 7, 7a. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 108. 
 
 In mortgage, see MORTGAGE, 23, 24. 
 
 In store orders. 42 L.R.A. (N.S.} 1058. 
 
 Constitutionality of statutory discrimina- 
 tion as to interest rates. 2 L.R.A. 
 (N.S.) 8] 3; 27 L.R.A. (N.S.) 898. 
 
 Right of one to testify as to his intent. 23 
 L.R.A.(N.S.) 391. 
 
 Creation of partnership by sharing in prof- 
 its from usurious loan. 18 L.R.A. 
 (N.S.) 1061. 
 
 Federal courts following state decisions a 
 to. 40 L.R.A.(N.S.) 428. 
 
 Usurious loan office as a disorderly house. 
 24 L.R.A. (N.S.) 507. 
 
 Implied warranties against usury by one 
 passing negotiable paper. 10 L.R.A. 
 (N.S.) 546. 
 
 Payment of, or promise to pay, usurious in- 
 terest as consideration for agreement 
 extending time of payment < f obliga- 
 tion. 52 L.R.A.(N.S.) 358.
 
 INDEX TO L.R.A. NOTES. 
 
 1343 
 
 USURY cont'd 
 
 //. What constitutes. 
 
 2. Generally. 
 
 Application of usury law to purported sale 
 or assignment of accounts. L.R.A. 
 1917.E, 1121. 
 
 What constitutes payment of usurious in- 
 terest to national bank. 56 L.R.A. 702. 
 
 In sale of expectancy bv prospective heir. 
 33 L.R.A. 281. 
 
 Usury in exacting payment of interest for 
 full term upon payment of debt before 
 maturity. 28 L.R.A. (N.S.) 113; L.R.A. 
 1916B, 812. 
 
 As affected by question whether transac- 
 tion is purchase or discount of note or 
 bill. 16 L.R.A. 224. 
 
 By contract for life insurance. 53 L.R.A. 
 462. 
 
 Issuance of corporate bonds at less than par 
 as usury. :5.3 L.R.A. (N.S.) 3106. 
 
 Applicability of usury law to loans other 
 than of 'money. 29 L.R.A. (N.S.) 620. 
 
 Inclusion of days of grace in computing in- 
 terest as usury. 10 L.R.A. (N.S.) 839. 
 
 Computation of interest on the basis of thir- 
 ty days for a month, or three hundred 
 and sixty days for a year, as usury. 5 
 L.R.A.(N.S.)* 592. 
 
 Validity of contract to resell at an advance, 
 property purchased. 3 L.R.A. (N.S.) 
 213. 
 
 Stipulation for attorneys' fees as usury. 
 L.R.A.l!Uf>B, 944. 
 
 Payment of bonus by stranger. L.R.A. 
 1917F, 923. 
 
 Loan to pay usurious debt. L.R.A.1918C, 
 354. 
 
 3. In loans, by agent. 
 
 Commissions charged borrower by lender's 
 agent as usury. 19 L.R.A. (N.S.) 391; 
 46 L.R.A. (N.S.) 1157. 
 
 Power of legislature to restrict fees in con- 
 nection with loans. 11 L.R.A. (N.S.) 
 17.3. 
 
 4. In loans by building associations. 
 
 Law governing. 62 L.R.A. 64. 
 
 By fixed premium of association. 35 L.R.A. 
 
 244. 
 Fines in building and loan associations. 35 
 
 L.R.A. 215. 
 Constitutionality of statute exempting 
 
 building and loan associations from 
 
 general usury laws. 26 L.R.A. (N.S.) 
 
 113.3. 
 
 5. lawfulness of taking interest in 
 advance. 
 
 In general. 29 L.R.A. 761; L.R.A.1915D, 
 1196. 
 
 In periodical payments. 29 L.R.A. 766; 
 
 L.R.A.1915D.' 1107. 
 For what length of time allowed. 29 L.R.A. 
 
 707: L.R.A.1915D, 1197. 
 
 6. Agreement for interest after ma- 
 turity. 
 
 Generally: 49 L.R.A. 550. 
 
 Consult til. so L.R.A. Digests of Cases. 
 
 USURY, II. cont'd 
 
 Lump sum, a penalty. 49 L.R.A. 551. 
 
 Not usury if debtor can relieve himself. 49 
 L.R.A. 551. 
 
 Agreement for reduction for prompt pay- 
 ment. 49 L.R.A. 551. 
 
 Provision for interest only in case of de- 
 fault. 49 L.R.A. 552. 
 
 Higher rate legal. 49 L.R.A. 552. 
 
 Statutory limitation. 49 L.R.A. 552. 
 
 In case of sales, etc. 49 L.R.A. 553. 
 
 Various constructions. 49 L.R.A. 553. 
 
 Express penalty. 49 L.R.A. 554. 
 
 Understanding that loan shall continue. 49 
 L.R.A. 554. 
 
 Notes held valid. 49 L.R.A. 555. 
 
 Equitable relief. 49 L.R.A. 555. 
 
 7. In deferred payments of purchase 
 money. 
 
 Generally. 27 L.R.A. 565. 
 
 Making interest a part of the purchase 
 price. 27 L.R.A. 566. 
 
 Cash and credit prices. 27 L.R.A. 568. 
 
 Agreement as to interest made after orig- 
 inal contract completed. 27 L.R.A. 570- 
 
 Other contracts. 27 L.R.A. 570. 
 
 Increasing price upon sale on credit as usu- 
 ry. 28 L.R.A. (N.S.) 102. 
 
 8. Interest on interest. 
 
 Right, in case of renewal of loan, to com- 
 pute interest on basis of including ac- 
 cumulated interest as part of principal 
 of renewal. 6 L.R.A. (N.S.) 612. 
 
 Validity of agreement to pay interest on 
 interest, made after interest has be- 
 come due. 18 L.R.A. (N.S.) 633. 
 
 Validity of agreement, made before interest 
 becomes due, to pay interest on interest. 
 33 L.R.A. (N.S.) 296. 
 
 8a. Purchase of paper at discount. 
 
 Purchase of paper at discount as usury. 
 43 L.R.A.(N.S.) 211. 
 
 III. Effect; defenses; remedies; penal- 
 ties. 
 
 a. Effect. 
 
 9. Generally. 
 
 Effect on surety's liability of usury in con- 
 sideration for extension of time to prin- 
 cipal, see PRINCIPAL AND SURETY, 16. 
 
 Constitutionality of statute validating usu- 
 rious contract. 22 L.R.A. 384. 
 
 As affecting validity of life insurance to se- 
 cure debt to insurer. 53 L.R.A. 463. 
 
 Effect on surety's liability of usury in con- 
 sideration for extension of time for 
 principal. 53 L.R.A. 316. 
 
 Effect of preferring usurious debt in an 
 assignment for creditors. 41 L.R.A. 
 707. 
 
 In renewal contract as affecting original 
 agreement. 33 L.R.A. 633. 
 
 Right of bank acquiring paper void for usu- 
 ry as between prior parties, under stat- 
 ute prescribing special and exclusive 
 penalties against a bank which takes 
 usury. 16 L.R.A. (N.S.) 626.
 
 1344 
 
 INDEX TO L.Px.A. NOTES. 
 
 USURY, III. a cont'd 
 
 Injunction against sale under power in 
 mortgage because of usury. 35 L.R.A. 
 iN.S.) 911. 
 
 Conclusiveness of stated or settled account 
 containing usurious interest. 23 L.R.A. 
 (N.S.) 790. 
 
 Effect of usury on right of accommodation 
 party who has been obliged to pay bill 
 or note to recover from accommodated 
 party. 37 L.R.A.(N.S.) 784. 
 
 Effect of payment of usury. 53 L.R.A. 316. 
 
 As affecting receipt of commercial paper as 
 payment. 35 L.R.A. (N.S.) 72. 
 
 Effect as between the parties of transfer 
 of property in satisfaction of usu- 
 rious debt. 36 L.R.A. (N.S.) 134. 
 
 Payment of usurious interest as consider- 
 ation for agreement extending time of 
 payment of obligation. 52 L.R.A. 
 (N.S.) 361. 
 
 Usury in mortgage as affecting rights of 
 purchaser or redempti oners under fore- 
 closure. L.R.A.1915D, 349. 
 
 10. On judgment. 
 
 Suit to set aside judgment for; who may 
 maintain. 54 L.R.A. 765. 
 
 As ground for injunction against judgment. 
 
 31 L.R.A. 761. 
 By confession. 30 L.R.A. 239. 
 
 Enforceability of judgment containing usu- 
 ry. 3 L.R.A. (N.S.) 715. 
 
 Right of alleged fraudulent grantee to show 
 that judgment against grantor was 
 based on usurious transaction. 67 
 L.R.A. 601. 
 
 Right to open judgment to let in defense of. 
 12 L.R.A.(N.S.) 659; L.R.A. 1916F, 
 859. 
 
 11. By national bank. 
 
 In general. 56 L.R.A. 673. 
 
 Where usury charged, but not paid. 56 
 
 L.R.A. 682. 
 Remedy where interest actually paid. 56 
 
 L.R.A. 689. 
 
 T). Defenses. 
 
 % 12. Generally. 
 
 As defense by or against corporation, see 
 CORPORATIONS, 31. 
 
 As a defense against a bona fide purchaser 
 of a bill or note. L.R.A.1918C, 773. 
 
 Defense of, as against holder of negotiable 
 paper transferred after maturity. 46 
 L.R.A. 767. 
 
 Usury as affected by the borrower's con- 
 nection with the lender. 49 L.R.A. 
 (N.S.) 1044. 
 
 13. Who may set up defense. 
 
 Usury in mortgage, see MORTGAGE, 24. 
 
 Who may urge usurious character of debt 
 
 preferred in assignment for creditors. 
 
 41 L.R.A. 711. 
 Right of transferee of mortgaged property 
 
 to set up usury in the mortgage. 10 
 
 L.R.A. (N.S.) 857. 
 
 USURY, III. b cont'd 
 
 The right of a vendee of real estate which 
 is subject to a lien, to raise the ques- 
 tion of usury. 8 L.R.A. (N.S.) 814; 48 
 L.R.A. (N.S.) 840. 
 
 Applicability of statute forbidding corpora- 
 tion to interpose defense of usury, a* 
 affected by the foreign or domestic 
 character of the corporation, the situs 
 of the contract, or the place of suit. 1 
 L.R.A. (N.S.) 616. 
 
 Estoppel to set up defense of usury to com- 
 mercial paper by representation- to 
 prospective purchaser. 50 L.R.A. (N.S.) 
 1031. 
 
 Right of creditors to set up usury in their 
 debtor's contract with others. 
 L.R.A.1915C, 634. 
 
 c. Remedies. 
 
 14. Generally. 
 
 Limitation of action to recover back usury, 
 see LIMITATION or ACTIONS, 38a, 54. 
 
 Set-off as to, on foreclosure. 21 L.R.A. 323. 
 
 Power to make the taking of, a criminal of- 
 fense. 3 L.R.A. (N.S.) 530. 
 
 Right, in absence of statutory provision 
 therefor, to maintain action to recover 
 back usurious pavments. L.R.A.1918B, 
 585. 
 
 d. Penalties. 
 
 15. Generally. 
 
 Cruel and unusual punishment for. L.R.A. 
 1915C, 570. 
 
 Against national bank for taking illegal 
 interest. 56 L.R.A. 673. 
 
 Recovery of penalty for usury on transfer 
 of property in satisfaction of usurious 
 debt. 36 L.R.A. (N.S.) 135. 
 
 Right of bank acquiring paper void for usu- 
 ry as between prior parties, under stat- 
 ute prescribing special and exclusive 
 penalties against bank which takes usu- 
 ry. 16 L.R.A.(N.S.) 626. 
 
 TJTILJTY. 
 
 As element of patentability of invention, see 
 PATENT, 7. 
 
 UTILITIES. 
 
 Public utilities, see PUHLIC SERVICE COEPO- 
 
 RATIONS. 
 
 with this book on every law question. 
 
 UTTERIWG. 
 
 Of forged instruments, see FORGERY.
 
 INDEX TO L.R.A. NOTES. 
 
 1345 
 
 V 
 
 VACANCY. 
 
 Of insured proper! v, see INSURANCE, 75, 
 
 SO. 
 
 In office, see OFFICERS, 17. 
 Appointment of officer to till, see OFFICERS, 
 
 14. 
 
 Of property, as affecting right to enjoin 
 nuisance affecting it. 40 L.R.A.(N.S.) 
 642. 
 
 When does vacancy in party ticket occur 
 within statute authorizing tilling of va- 
 cancies. 41 L.R.A.(N.S.) 1088. 
 
 VACANT LAND. 
 
 Effect of statutes permitting action by 
 claimant to vacant lands on equitable 
 jurisdiction to remove cloud on title. 
 12 L.R.A.(N.S.) 71. 
 
 VACANT PROPERTY. 
 
 Liability of owner for using it or permit- 
 ting it to be used in such way as to 
 collect crowds to injury of neighbor- 
 hood. 11 L.R.A.(N.S.) 464. 
 
 VACATION. 
 
 Of courts, see COURTS, 47. 
 
 VACCINATION. 
 
 See HEALTH, 10. 
 
 VAGRANCY. 
 
 Criminal liability of children for. 36 
 L.R.A. 207. 
 
 Power of municipality to punish vagrancy, 
 which is also an offense under state 
 law. 17 L.R.A.(N.S.) 52. 
 
 Cruel and unusual punishment for. 35 
 L.R.A. 578. 
 
 Prohibition of fortune telling under Eng- 
 lish vagrancy act. 43 L.R.A. (N.S.) 
 204. 
 
 VALIDATION. 
 
 Curative act, see CONSTITUTIONAL LAW, 
 
 0. 10. 
 
 Of undelivered deed by ratification or es- 
 toppel of the grantor. 9 L.R.A.(N.S.) 
 945. 
 
 VALUATION. 
 
 For 
 
 purposes of transportation, see CAR- 
 RIERS, 5j 131. 132. 
 
 Of property of public service corporations, 
 see PUBLIC SERVICE CORPORATIONS, 5. 
 
 Of property for purpose of taxation, see 
 TAXES, 56-58, 102, 103. 
 
 Of claims against insolvent insurance com- 
 pany. 38 L.R.A. 100. 
 
 Valuation of commercial paper for purpos- 
 es of graduating offense of larceny. 23 
 L.R.A. (N.S.) 1063. 
 
 Considerations of time and place in deter- 
 mining value of personal property for 
 purpose of fire insurance. L.R.A.1915E, 
 489. 
 
 VALUE. 
 
 1. Generally. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 107. 
 
 Opinion evidence as to, see EVIDENCE, 194. 
 
 Evidence of, generally see EVIDENCE, 262. 
 
 Cash surrender value of policy, see INSUR- 
 ANCE, 57. 
 
 Of child's services as question for jury, see 
 TRIAL. 
 
 Collusiveness of expert opinion as to. 42 
 L.R.A. 767. 
 
 Change in, as defense to action for specific 
 performance of contract for sale of cor- 
 porate stock. 50 L.R.A. 510. 
 
 Of services of attorneys in dissolving in- 
 junction. 16 L.R.A. (N.S.) 61. 
 
 Burglary as affected by value of goods 
 taken or sought to be taken. 34 L.R.A. 
 (N.S.) 243. 
 
 2. Misrepresentations as to. 
 
 Fraud or mistake as to value of land sold, 
 see VENDOR AND PURCHASER, 28. 
 
 Right to rely on representations as to. 37 
 L.R.A. 605. 
 
 Statements as to, as a fraud. 35 L.R.A. 
 418, 436. 
 
 Effect of misrepresentation as to value of 
 goods by shipper on his right to re- 
 cover for loss. 23 L.R.A. (N.S.) 745; 
 L.R.A.1915A, 502. 
 
 Commit also L.R.A. Digests of Cases. t>5 
 
 VALUED POLICY. 
 
 Conflict of laws as to. 63 L.R.A. Sfifi. 
 
 Effect of valued policy statutes on agree- 
 ments for arbitration. 47 L.R.A. (N.S.) 
 433. 
 
 Statutory provisions regulating valued 
 policies as affecting provisions of poli- 
 cies for prorating loss in case ot con- 
 current insurance. L.R.A. 19 16F, 997.
 
 INDEX TO L.R.A. NOTES. 
 
 VAPORS. 
 
 Liability for damage by, see NEGLIGENCE, 
 
 34. 
 
 Presumption as to statutory authority of 
 railroad to emit noxious vapors. 70 
 L.R.A. 594. 
 
 VARIANCE. 
 
 Between pleading and proof, see EVIDENCE, 
 330-332. 
 
 Right to rescind subscription contract for 
 variance between prospectus and ar- 
 ticles of incorporation. 33 L.R.A. 733. 
 
 Between deed and certificate of sale for 
 taxes as to statement that owners are 
 unknown. 36 L.R.A. (N.S.) 1066. 
 
 Between execution and judgment as affect- 
 ing amercement of officer for failure 
 to return execution. 42 L.R.A. (N.S.) 
 895. 
 
 Variance between assignment or transfer 
 of insured property or insurance 
 policy, and the insurer's consent 
 thereto. 42 L.R.A.(N.S.) 173. 
 
 Between indictment and bail bond or recog- 
 nizance in description of offense. 38 
 L.R.A.(N.S.) 325. 
 
 VASECTOMY. 
 
 Asexualization or sterilization of criminals 
 or defectives. 41 L.R.A. (N.S.) 419; 
 L.R.A. 1918D, 236. 
 
 VAULTS. 
 
 Under highway, see HIGHWAYS, 14. 
 
 VEGETATION. 
 
 Right to vegetation growing in highway, see 
 HIGHWAYS, 43. 
 
 VEHICLES. 
 
 Liability of bailee of wagon, see BAILMENT, 
 
 Liability of bailor of wagon, see BAILMENT, 
 12. 
 
 Rights and regulations as to vehicles in 
 highway, see HIGHWAYS, 45, 46. 
 
 License tax on, see LICENSES, 43. 
 
 Liability of street railway company for in- 
 jury by collision with, see STREET RAIL- ///. 
 WAYS, 18, 19. IV. 
 
 See also AUTOMOBILES ; BICYCLES; JITNEY 
 I>i ssES; MOTOR CYCLE; STAGECOACHES. 
 
 Begin icith this boo7- on every laiv question 
 
 VEHICLES cont'd 
 
 Warranty of vehicle kept for hire. 19 
 L.R.A. 283. 
 
 May one in charge of a vehicle under a con- 
 tract importing a bailment or lease be 
 regarded as a servant of the owner as 
 to a third person injured bv the vehicle. 
 6 L.R.A. (N.S.) 544. 
 
 Liability of master for injury to servant 
 by defect in. L.R.A.1918D, 1141. 
 
 Liability of employer for negligence of one 
 to Avhom servant intrusted management 
 of vehicle of which he had charge. 6 
 B. R. C. 705. 
 
 Duty and liability of one who maintains 
 temporary obstruction in street for pur- 
 pose of loading and unloading vehicle. 
 24 L.R.A. (N.S.) 97. 
 
 Causing trespasser to jump from moving 
 wagon as actionable conduct. 31 L.R.A. 
 (N.S.) 1064. 
 
 Validity of statutes or ordinances regulat- 
 ing horse-drawn vehicles in citv streets. 
 31 L.R.A. (N.S.) 682. 
 
 Who responsible for acts of driver of hired 
 vehicle. 13 L.R.A. (N.S.) 1123: 16 
 L.R.A. (N.S.) 816; 25 L.R.A. (N.S.) 33; 
 38 L.R.A. (N.S.) 973; L.R.A.1918E, 121. 
 
 Presumption of carrier's negligence from 
 collision with vehicle. 29 L.R.A. (N.S.) 
 813; L.R.A.1916C, 373. 
 
 What vehicles are subject to tolls for using 
 toll bridge. 30 L.R.A. (N.S.) 363. 
 
 Liability of county for injury to. 39 L.R.A. 
 33. 
 
 Municipal liability for injury by storage of, 
 in street. 20* L.R.A. (N.S. )* 612. 
 
 Character of vehicle that may be used on 
 private right of way. 'L.R.A.1918A, 
 262. 
 
 Opinion evidence as to speed of. 34 L.R.A. 
 (N.S.) 778; L.R.A.1918A, 705. 
 
 VEINS. 
 
 In mines, see MINES, II. a. 
 
 VENDEE'S LIEN. 
 
 See VENDOR AND PURCHASER, 7. 
 
 I. 
 II. 
 
 VENDOR AND PURCHASER. 
 
 In general, l-4a. 
 Rights, remedies, and liabilities 
 of parties, 5-29. 
 
 a. In general, 5-9. 
 
 b. Rights as to purchase 
 
 money, 1O-14. 
 
 c. Title, 15-18. 
 
 d. Quantiti/, 19-21. 
 
 e. Rescission, 22-25. 
 
 f. Fraud or mistake, 26-29. 
 Vendor's lien, 3O-35. 
 Rights and liabilities of parties as 
 
 to third persons; bona fide pur- 
 chasers, 36-39.
 
 INDEX TO L.R.A. NOTES. 
 
 1347 
 
 VENDOK AND PURCHASER cont'd 
 I. In general. 
 
 1. Generally. 
 
 Adverse possession by, see ADVERSE POSSES- 
 SION, 4. 
 
 Bond for title, see BOND FOR TITLE. 
 Boundaries of land generally, see BOUND- 
 
 , ARIES, 4-9. 
 
 Effect of conveyance of land held adversely, 
 see CHAMPERTY AND MAINTENANCE, *3. 
 
 As to statute of frauds in relation to con- 
 tracts of vendor and purchaser, see 
 CONTRACTS, 40-49, 58, 59. 
 
 Conveyance by one cotenant, see COTEN- 
 ANCY, 11. 
 
 Provision in land contract as to penalty or 
 liquidated damages, see DAMAGES, 40. 
 
 As to deeds, see DEEDS. 
 
 As to what constitutes fraud of vendor, see 
 FRAUD AND DECEIT. 
 
 Sale of land by guardian, see GUARDIAN 
 AND WARD, 7, 14. 
 
 Conveyances to married woman by third per- 
 sons, see HUSBAND AND WIFE, 38. 
 
 Conveyances by husband and wife, see HUS- 
 BAND AND 'WIFE, 39-42. 
 
 Improvement by vendor, see IMPROVEMENTS, 
 
 11. 
 
 Improvement by purchaser, see IMPROVE- 
 MENTS, 12. 
 
 Vendor's intent, see INTENT, 7, 8. 
 
 Judicial sale, see JUDICIAL SALE. 
 
 Covenant against sale in lease, see LAND- 
 LORD AND TENANT. 19. 
 
 Purchase of mortgaged premises, see MORT- 
 GAGE. 40-46. 
 
 Sale on foreclosure, see MORTGAGE, 77- 
 84. 
 
 Purchase by agent in his own name, see 
 PRINCIPAL AND AGENT, 34. 
 
 Record of conveyances, see RECORDS AND RE- 
 CORDING LAW, IV. 
 
 Sale of personal property, see SALE. 
 
 As to specific performance, see SPECIFIC 
 PERFORMANCE, 12, 13. 
 
 Contract for support of grantor, see SUP- 
 PORT, 4. 
 
 Sale of standing timber, see TIMBER, 2-5. 
 
 Income tax on sales of property. L.R.A. 
 1917E, 566. 
 
 Lease of land as conveyance. 11 L.R.A. 
 (N.S.) 99. 
 
 Validity of sale of real estate by railroad 
 corporation. 25 L.R.A. 139. 
 
 Validity of transfer of property in violation 
 of restraining order. 50 L.R.A. (N.S.) 
 871. 
 
 Right to sell real estate while in custody 
 of law. 1 L.R.A.(N.S.) 1062. 
 
 Implied power of cashier of bank to sell 
 or lease property. 31 L.R.A. (N.S.) 
 737. 
 
 Power of real estate broker to make con- 
 tract of sale. 17 L.R.A. (N.S.) 210; 23 
 L.R.A. (N.S.) 982. 
 
 Effect upon escrow of the imposition of con- 
 ditions in violation of vendor's con- 
 tract. 11 L.R.A.(N.S.) 1183. 
 
 Consult also L.R.A. Digests of Cases. 
 
 VENDOR AND PURCHASER, I. cont'd 
 
 Sale of real property as an abandonment. 
 10 L.R.A.(N.S.) 633. 
 
 Deed of land held adversely, in completion 
 of executory contract. 35 L.R.A. (N.S.) 
 743. 
 
 Devolution of vendee's interest under con- 
 tract for purchase of real property. 42 
 L.R.A.(N.S.) 446. 
 
 Right to relief, in absence of contract, 
 against sale of, or proposal to sell, real 
 property to person or for purpose re- 
 garded as undesirable. 44 L.R.A. 
 (N.S.) 228. 
 
 Admissibility of declarations by vendor 
 made out of court as to his purpose in 
 making a conveyance or transfer at- 
 tacked as fraudulent as against credit- 
 ors. 41 L.R.A.(N.S.) 1. 
 
 2. Transfer of interest under land 
 contract. 
 
 Ojal transfer, see CONTRACTS, 49. 
 
 Applicability of statute of frauds to. assign- 
 ment or surrender of purchaser's inter- 
 est under land contract. 19 L.R.A. 
 (N.S.) 879. 
 
 3. Nature of interest in land con- 
 tract. 
 
 Nature of interest of vendor, or vendee in 
 a land contract as real or personal 
 property. 57 L.R.A. 643. 
 Optional land contract. 57 L.R.A. 651; 
 L.R.A.1916F, 358. 
 
 4. Option for purchase of land. 
 
 Insurable interest of holder of option. 
 L.R.A.1918A, 393. 
 
 Options to purchase and the rule against 
 perpetuities or against undue suspen- 
 sion of power of alienation. L.R.A. 
 1917D, 904. 
 
 Devolution of interests of respective parties 
 to. L.R.A.1917D, 719. 
 
 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. L.R.A. 1917C, 
 763. 
 
 Communication naming price as a quota- 
 tion or an offer to sell. 3 B. R. C. 229. 
 
 Assignability of option to purchase proper- 
 ty. 43 L.R.A.(N.S.) 115. 
 
 Is power to give option included in power 
 to sell real estate. 10 L.R.A. (N.S.) 
 867. 
 
 Nature of interest of vendor or vendee in 
 optional contract for sale of land. 57 
 L.R.A. 651; L.R.A.1916F, 358. 
 
 Liability of promoter on sale to corporation 
 of real estate on which he holds option. 
 18 L.R.A.(N.S.) 1114. 
 
 Effect on liability of tenant's surety of sur- 
 render of lease containing option to pur- 
 chase. 9 L.R.A. (N.S.) 557. 
 
 Purchase by agent for principal of property 
 which agent has personally an option 
 or contract to purchase. 11 L.R.A. 
 (N.S.) 122.
 
 1348 
 
 INDEX TO L.R.A. NOTES. 
 
 VENDOR AND PURCHASER, I. cont'd 
 To purchase real property as a taxable 
 credit. 10 L.R.A. (N.S.) 1061; 34 L.R.A. 
 (N.S.) 1221. 
 
 Rights of third person intervening between 
 the taking and exercising of an option 
 for the purchase of real property. 28 
 L.R.A. (N.S.) 522; 43 L.R.A. (N.S.) 
 1150. 
 
 4a. Merger of stipulations as to title 
 in executory contract in subse- 
 quently executed conveyance. 
 
 Merger of stipulations as to title in execu- 
 tory contract for sale of real estate, 
 in subsequently executed convey- 
 ance. 31 L.R.A. (N.S.) 457. 
 
 77. Bights, remedies, and liabilities of 
 parties. 
 
 a. In general. 
 
 5. Generally. 
 
 Conditions in deed, see CONDITIONS, 8- 
 13. 
 
 Covenants between, see COVENANTS. 
 
 Measure of damages for breach of contract 
 to sell, see DAMAGES, 31. 
 
 What are fixtures as between, see FIXTURES, 
 4. 
 
 Rights of purchaser from fraudulent grant- 
 or, see FRAUDULENT CONVEYANCES, 16. 
 
 Rights of purchaser from fraudulent 
 grantee, see FRAUDULENT CONVEYANCES, 
 17. 
 
 Purchaser at judicial 'sale, see JUDICIAL 
 SALE, 11-16. 
 
 In case of purchase pending suit, see Lis 
 PENDENS, 4. 
 
 Rights and liabilities of purchaser of land 
 j subject to a mortgage, see MORTGAGE, 
 40-46. 
 
 Purchaser's right to redeem from foreclosure 
 sale, see MORTGAGE, 89. 
 
 Xotice of title from possession of vendee or 
 vendor, see NOTICE, 17. 
 
 Vendor's liability for nuisance, see NUI- 
 SANCES. 18. 
 
 Purchaser's liability for nuisance, see NUI- 
 SANCES, 16/17. 
 
 Rights of purchaser in partnership real 
 estate, see PARTNERSHIP. 24. 
 
 Right of purchaser by quitclaim deed, see 
 QUITCLAIM DEED, 2. 
 
 Specific performance of contract, see SPECIF- 
 IC PERFORMANCE, 12, 13, 15-19. 
 
 Contract for support of grantor, see SUP- 
 PORT, 4. 
 
 Grantee's oral promise to grantor to hold in 
 trust as giving rise to constructive 
 trust, see TRUSTS, 13. 
 
 Stipulation that vendee shall become a ten- 
 ant. 49 L.R.A. 435. 
 
 Rights as to insurance money. 37 L.R.A. 
 150. 
 
 Right of vendor to proceeds of insurance in 
 name of vendee. 13 L.R.A. (N.S.) 909. 
 
 Right of purchaser to benefit of insurance 
 taken out by vendor. L.R.A.1918D, 938. 
 
 Begin ivith this book on every law question. 
 
 VENDOR AND PURCHASER, II. a cont'd 
 
 Rights in respect to compensation for im- 
 provements on land, made in good faith 
 under oral contract. 53 L.R.A. 337. 
 
 Adniissibility of parol evidence as to im- 
 provements to be made on tract from 
 which a lot is sold. 36 L.R.A. (N.S.) 
 896. 
 
 Privity of estate between, in party wall. 
 66 L.R.A. 683. 
 
 Stipulation against assignment by vendee 
 without vendor's consent. 35 L.R.A. 
 (N.S.) 1064. 
 
 Liability of vendor to purchaser on account 
 of unsanitary condition of premises. 34 
 L.R.A. (N.S.) 1035. 
 
 Implied easement by exhibiting unfiled plat 
 to intending purchaser. 35 L.R.A. 
 (N.S.) 938. 
 
 Remedy of one who fails to record a deed 
 against his grantor who subsequently 
 convevs to an innocent third person. 26 
 L.R.A. (N.S.) 284. 
 
 Dedication of land by vendor. 31 L.R.A. 
 (N.S.) 1026. 
 
 Conveyance of lots laid down on plat as 
 preventing a change in use or form of 
 property. 14 L.R.A. (N.S.) 1067. 
 
 Applicability of rule of caveat emptor to 
 sales for partition. 33 L.R.A. (N.S.) 
 409. 
 
 Damages for breach of contract to convey 
 real estate. 16 L.R.A.(N.S.) 768. 
 
 Right of one holding bond for title to main- 
 tain bill against third person to remove 
 cloud. 15 L.R.A. (N.S.) 413. 
 
 Is purchaser of real property under execu- 
 tory contract the owner thereof for 
 purpose of taxation. 24 L.R.A. (N.S.) 
 1300. 
 
 Who responsible as between vendor and 
 vendee for taxes accruing after sale 
 but before title perfected in pur- 
 chaser. 43 L.R.A.(N.S.) 51. 
 
 Rights of vendor and vendee as to notice to 
 redeem from tax sale. 44 L.R.A. (N.S.) 
 666. 
 
 Right of vendee to acquire tax title adverse- 
 ly to vendor. 46 L.R,A.(N.S.) 209. 
 
 Interest of vendee under an executory con- 
 tract for the purchase of real property 
 as subject to lien of judgment, execution 
 or attachment against him. L.R.A. 
 1915B, 340. 
 
 Liability of purchaser who takes possession 
 under parol contract of sale in action 
 for rents or for use and occupation, 
 where vendor refuses to perform. 
 L.R.A.1915E, 405.' 
 
 Recovery of unlawful payments demanded 
 by vendor as made under duress of real 
 property. L.R.A.1915B, 501. 
 
 May contract which purports to describe 
 premises by number of acres be satis- 
 fied by a conveyance of that number of 
 acres out of a larger tract which other- 
 wise answers the description. L.R.A. 
 1916C, 1100.
 
 INDEX TO L.R.A. NOTES. 
 
 VENDOR AND PURCHASER, II. a cont'd 
 
 Addition of name of attesting witness to 
 land contract as an alteration. L.R.A. 
 1917D, 828. 
 
 Implied or ostensible authority of agent for 
 the sale of land as to representations. 
 L.R.A.1917F, !)G2. 
 
 Implied or ostensible authority of an agent 
 to bind his principal by covenants in the 
 sale of real property. L.R.A.1917F, 954. 
 
 Right of purchaser from testator to contest 
 " will. L.R.A.1SU8A, 455. 
 
 Right of purchaser after testator's death to 
 contest will. L.R.A.191SA, 455. 
 
 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. L.R.A.1917C, 
 763. 
 
 Validity of contract by vendor to repur- 
 chase vendee's interest after latter's 
 default. 3.3 L.R.A. (N.S.) 544. 
 
 Validity of conveyance of property in enemy 
 country during war to a citizen of that 
 country. L.R.A.1917C, 687. 
 
 6. Who must bear loss resulting be- 
 fore completion of contract. 
 
 Respective rights to proceeds of insurance 
 policy, see INSURANCE, 183. 
 
 Who must bear loss from destruction or 
 deterioration of property before con- 
 tract has been completely performed 
 by transfer of legal title. 27 L.R.A. 
 (N.S.) 233; 43 L.R.A. (N.S.) 383. 
 
 Right of vendee to specific performance with 
 allowance for buildings destroyed after 
 making executory contract. 10. L.R.A. 
 (N.S.) 125. 
 
 7. Vendee's lien. 
 
 Right of vendee under executory contract 
 to a lien on the land for the amount 
 paid thereon where the contract fails 
 or is rescinded. 20 L.R.A. (N.S.) 175. 
 
 8. Right to crops or rental. 
 
 Right to crops growing on, or rental of, 
 real estate sold upon contract. 35 
 L.R.A. (N.S.) 1066; 38 L.R.A. 
 (N.S.) 420. 
 
 Conveyance of land as including crops. 23 
 LJR.A. 451; L.R.A.1917C, 35. 
 
 9. Performance; tender. 
 
 Necessity of perfecting title before time for 
 
 performance in order to hold vendee. 3 
 
 L.R.A. (N.S.) 103. 
 Ability of vendor to perform as condition 
 
 precedent to his enforcement of right to 
 
 rescind or declare a forfeiture. 3 L.R.A. 
 
 (N.S.) 103. 
 Effect of tender by vendee of purchase price 
 
 before due to put other party in default. 
 
 20 L.R.A. (N.S.) 338. 
 Who may enforce contract for sale of real 
 
 property where only one party signed 
 
 contract. 28 L.R.A. (N.S.) 694; 43 
 
 L.R.A. (N.S.) 410. 
 Consult also L.R.A. Digests of Cases. 
 
 VENDOR AND PURCHASER, II. b cont'd 
 
 It. Rights as to purchase money. 
 10. Generally. 
 
 Mortgage for piirchase money, see PUB- 
 CHASE MONEY, 6, 7. 
 
 Effect of statutory bar of action for pur- 
 chase money upon right to enforce ven- 
 dor's lien. 39 L.R.A. (N.S.) 1171. 
 
 Right of vendee to specific performance with 
 abatement from purchase price where 
 vendor is unable to convey a good and 
 unencumbered title. 10 L.R.A. (N.S.) 
 117; 38 L.R.A.(N.S.) 1195; L.R.A. 
 1917F, 597. 
 
 Effect of defendant's mistake of fact as to 
 purchase price on right to specific per- 
 formance of contract induced thereby. 
 15 L.R.A.(N.S.) 87. 
 
 Amount due under contract for purchase of 
 land not evidenced by note or purchase- 
 money mortgage as a credit subject to 
 taxation. 17 L.R.A.(N.S.) 1220. 
 
 Agreement of vendee to divide proceeds of 
 each sale with vendor as affected by 
 statute of frauds. 8 L.R.A. (N.S.) 1137. 
 
 Right of vendor to unpaid instalments of 
 the purchase price where the con- 
 tract has terminated or been re- 
 scinded for default of vendee. 
 L.R.A.1916C, 893. 
 
 11. Collection of. 
 
 Injunction against judgment for purchase 
 money. 31 L.R.A. 748. 
 
 Failure of consideration as ground for in- 
 junction against judgment for purchase 
 money. 31 L.R.A. 753. 
 
 Injunction against the collection of purchase 
 money where the title to land is defec- 
 tive. 7 L.R.A.(N.S.) 445. 
 
 Rescission as condition of injunction against 
 collection of purchase money where title 
 to land is defective. 7 L.R.A.(N.S.) 
 463. 
 
 Failure of consideration as a defense to 
 action on a purchase price note. 39 
 L.R.A. (N.S.) 938; L.R.A.1918A, 1055. 
 
 12. right of grantee in possession 
 to question grantor's right to col- 
 lect. 
 
 Failure of consideration. 21 L.R.A. (N.S.) 
 
 363. 
 Remedy on covenants in the deed. 21 L.R.A. 
 
 (N.S.) 376. 
 Purchaser under the title bond. 21 L.R.A. 
 
 (NJS.) 380. 
 
 Quitclaim deed. 21 L.R.A.(N.S.) 385. 
 Notice of defective title. 21 L.R.A.(N.S.) 
 
 385. 
 Where the title is cured. 21 L.R.A. (N.S.) 
 
 387. 
 Liens against the property. 21 L.R.A. (N.S.) 
 
 388. 
 
 Covenant of seisin. 21 L.R.A. (N.S.) 391. 
 Ejectment. 21 L.R.A.(N.S.) 393. 
 Fraud, mistake, insolvency, and rescission. 
 
 21 L.R.A. (N.S.) 395. 
 Estoppel. 21 L.R.A.(N.S.) 399.
 
 1350 
 
 INDEX TO L.R.A. NOTES. 
 
 VENDOR AND PURCHASER, II. b cont'd 
 13. Tender of deed as prerequisite. 
 
 Tender of deed or abstract of title as con- 
 dition of enforcing forfeiture for fail- 
 ure of vendee to pay last instalment of 
 purchase money. 28 L.R.A. (X.S.) 956. 
 
 14. Recovery 
 money. 
 
 back of purchase 
 
 Right of vendee in contract for sale of real 
 property to recover payments. 
 L.R.A.1918B, 540. 
 
 Because of misrepresentation as to loca- 
 tion of property. 38 L.R.A. (N.S.) 
 306. 
 
 Upon resale bv vendor after purchaser's 
 default. ~ 35 L.R.A. (N.S.) 532, 
 L.R.A.1918B, 546. 
 
 Where contract does not satisfy the 
 statute of frauds. L.R.A.1916D, 
 468. 
 
 c. Title. 
 
 15. Generally. 
 
 Fraud or mistake as to title, see infra. 27. 
 
 Duty of vendor as to abstract of title, see 
 ABSTRACTS. 
 
 Title acquired by purchaser at judicial sale, 
 see JUDICIAL SALE, 14. 
 
 Effect on marketable title of failure to make 
 one party to suit, see PARTIES, 35. 
 
 Effect of doubtful title on right to specific 
 formance. see SPECIFIC PERFORM- 
 ANCE, 17. 
 
 What constitutes "satisfactory title." with- 
 in requirement of land contract or other 
 agreement relating to land. 18 L.R.A. 
 (N.S.) 741. 
 
 Right of grantee in possession with notice 
 of defective title to question grantor's 
 right to collect purchase money. 21 
 L.R.A. (N.S.) 363. 
 
 Acceptance of deed with knowledge of de- 
 fect in title as waiver of purchaser's 
 right to rescind contract. 30 L.R.A. 
 (N.S.) 879. 
 
 Effect of assumption of obligation before 
 notice of defective title to sustain bona 
 fide character of purchaser of real es- 
 tate. 7 L.R.A. (N.S.) 1020. 
 
 Right of vendee to recover payments made 
 where title is defective. L.R.A.1918B, 
 554. 
 
 16. What is a marketable title. 
 
 Distinction between courts of law and equi- 
 ty. 38 L.R.A.(N.S.) 3. 
 
 Distinction between "good title" and "mar- 
 ketable title." 38 L.R.A. (N.S.) 4. 
 
 Marketable title defined. 38 L.R.A. (N.S.) 
 4. 
 
 Meaning of term "reasonable doubt" as ap- 
 plied to marketable titles. 38 
 L.R.A. (N.S.) 8. 
 
 Marketability as affected by hazard of liti- 
 gation. 38 L.R.A. (N.S.) 14. 
 
 Where construction of statute or written 
 instrument is involved. 38 L.R.A. 
 (N.S.) 16. 
 
 Where based on exercise of power of sale. 
 38 L.R.A. (N.S.) 18. 
 
 Begin with this 7>oo7.- on every law question. 
 
 VENDOR AND PURCHASER, II. c cont'd 
 As affected by defect in conveyance. 38 
 
 L.R.A. (N.S.) 20. 
 Where title is dependent upon defective 
 
 court proceeding. 38 L.R.A. (N.S.) 
 
 22. 
 
 Gap in record title. 38. L.R.A. (N.S.) 24. 
 Insanity or mental incompetency of grantor. 
 
 38 'L.R.A. (N.s.) 20. 
 
 Character of title. 38 L.R.A.(N.S.) 26. 
 Adverse claim. 38 L.R.A. (N.S.) 29. 
 Outstanding liens, charges, or claims. 38 
 
 L.R.A. (N.S.) 30. 
 Remedial effect of lapse of time. 38 L.R.A. 
 
 (N.S.) 36. 
 
 Burden of proof. 38 L.R.A. (N.S.) 39. 
 Doctrine as to possibility of issue extinct 
 
 as affecting marketability of title. 
 
 48 L.R.A. (N.S.) 874. 
 
 17. Misstatement as to. 
 
 May fraud be predicated of misstatement 
 as to title to real property. 28 L.R.A. 
 (N.S.) 202; 39 L.R.A. (N.S.) 1140. 
 
 18. Effect of unmarketable title; 
 duty to take. 
 
 Vendee's right to specific performance with 
 abatement from purchase price where 
 vendor is unable to convey a good and 
 unencumbered title. 10 L.R.A. (N.S.) 
 117; 38 L.R.A. (N.S.) 1195; L.R.A. 
 1917F, 597. 
 
 Injunction against collection of purchase 
 money where title to land is defective. 
 7 L.R.A. (N.S.) 445. 
 
 Defective title as ground for injunction 
 against judgment for purchase money. 
 31 L.R.A. 751. 
 
 Rescission as condition of injunction against 
 collection of purchase money where title 
 to land is defective. 7 L.R.A. (N.S.) 
 463. 
 
 Defective title as affecting real estate brok- 
 er's commissions. 43 L.R.A. 593; 
 L.R.A.1915E, 714. 
 
 d. Quantity. 
 
 19. Generally. 
 
 May vendor be required to make good, de- 
 ficiency in tract sold, out of other 
 lands. 39 L.R.A.(N.S.) 785. 
 
 Deficiency in quantity of property de- 
 scribed as a section or a fraction of a 
 section as breach of a covenant. 36 
 L.R.A. (N.S.) 558. 
 
 Right to specific performance where there 
 is a shortage in quantity, on condition 
 of a compensation or indemnity. 52 
 L.R.A.(N.S.) 959. 
 
 20. False representations as to. 
 
 Right of purchaser of land to rely upon 
 representation of seller as to bound- 
 aries. 14 L.R.A.(N.S.) 1210. 
 
 Is fraudulent representation by vendor as to 
 area within boundaries correctly point- 
 ed out actionable. 23 L.R.A. (N.S.) 
 487.
 
 INDEX TO L.R.A. NOTES. 
 
 1351 
 
 VENDOR AXD PURCHASER, II. d cont'd 
 Is fraudulent representation by vendor of 
 extent or proportion of laud of partic- 
 ular kind included within the tract sold, 
 actionable where purchaser inspects the 
 land. 30 L.R.A.(X.S-) 55. 
 
 21. Abatement in purchase price for 
 deficiency. 
 
 Right of purchaser of land at judicial sale 
 to abatement of purchase price for de- 
 ficiency in quantity. 28 L.R.A. (N.S.) 
 393. 
 
 Abatement from price because of deficiency 
 in quantity under grant of coal in 
 place. 51 L.R.A. (N.S.) 792. 
 
 e. 'Rescission. 
 
 22. Generally. 
 
 Effect of rescission on exemption of mort- 
 gage debt, see MORTGAGE, 45. 
 
 Validity and effect of agreement by vendor 
 to permit a rescission of the contract at 
 the option of his vendee. L.R.A.1917C, 
 763. 
 
 Right of vendee to recover payments made 
 on rescission of contract. L.R.A.1918B, 
 547. 
 
 Right of vendor to unpaid instalments of 
 purchase price where the contract has 
 been rescinded for default of vendee. 
 L.R.A.191GC, 893. 
 
 Ability of vendor to perform as a condition 
 precedent to his enforcement of right 
 to rescind or declare a forfeiture. 3 
 L.R.A. (N.S.) 103. 
 
 Right of purchaser in possession to rescind 
 in action for defective title. 21 L.R.A. 
 (N.S.) 395. 
 
 Rescission of purchase of real estate as 
 affecting assumption of mortgage or 
 lien thereon. 40 L.R.A. (N.S.) 672. 
 
 Implied power of agent to assent to rescis- 
 sion of land contract. 37 L.R.A. (N.S.) 
 92. 
 
 Action to rescind sale of land for misrepre- 
 sentations as to its location. 38 L.R.A. 
 (N.S.) 303. 
 
 Rescission as condition of injunction against 
 collection of purchase money where title 
 to land is defective. 7 L.R.A. (N.S.) 
 463. 
 
 23. Grounds for. 
 
 Right to rescind or abandon contract, be- 
 cause of other party's default. 30 L.R.A. 
 64. 
 
 Right of vendee to rescind executory con- 
 tract for sale of land because of vend- 
 or's breach of contract to make im- 
 provements. 21 L.R.A. (N.S.) 823; 
 L.R.A.1917B, 403. 
 
 Rescission because of deficiency in. quantity 
 under <-rant of coal in place. 51 L.R.A. 
 (X.S.f 792. 
 
 24. fraud or mistake. 
 
 As to what constitutes fraud, see FRAUD AND 
 
 DECEIT, II. 
 Consult also L.R.A. Digests of Cases. 
 
 VENDOR AND PURCHASER, II. e cont'd 
 
 False statements as to use to which prop- 
 erty is to be put as ground for rescis- 
 sion of deed. 32 L.R.A. (X.S.) 127. 
 
 Secret dealings between vendor and one who 
 promoted the organization of a corpo- 
 rate purchaser .as a ground for. rescis- 
 sion of contract. L.R.A.1916C, 1000. 
 
 Rescission because of mistake as to extent 
 of grantor's title to land. 15 L.R.A. 
 (N.S.) 1039. 
 
 8 25. Waiver of purchaser's right to. 
 
 General rule. 30 L.R.A. (N.S.) 872. 
 
 Mere delay. 30 L.R.A.(N.S.) 874. 
 
 Delay coupled with other acts. 30 L.R.A. 
 (N.S.) 877. 
 
 Selling or offering propertv for sale. 30 
 L.R.A. (N.S.) 878. 
 
 Leasing, etc. 30 L.R.A. (N.S.) 878. 
 
 Expressly recognizing contract. 30 L.R.A. 
 (N.S.) 878. 
 
 Acceptance of deed with knowledge of de- 
 fect in title. 30 L.R.A. (N.S.) 879. 
 
 Miscellaneous. 30 L.R.A. (N.S.) 879. 
 
 What is sufficient knowledge. 30 L.R.A. 
 (N.S.) 880. 
 
 /. Fraud or mistake. 
 
 26. Generally. 
 
 False representations as to quantity, see 
 
 supra, 20. 
 
 As ground for rescission, see supra, 24. 
 As to what constitutes fraud, see FRAUD 
 
 AND DECEIT, II. 
 
 Right to rely on representations. 37 L.R.A. 
 610. 
 
 Relief from mistake of law as to effect of 
 contract with reference to lands. 28 
 L.R.A. (N.S.) 827. 
 
 Effect on liability of tenant's surety of sur- 
 render of lease containing an option to 
 purchase. 9 L.R.A. (N.S.) 557. 
 
 Compliance with contract for the purchase 
 of real estate as condition precedent 
 to the right of the vendee to maintain 
 an action against his vendor for fraud 
 and deceit. L.R.A.1915F, 962. 
 
 Measure of damages for fraudulent repre- 
 sentations in the sale or exchange of 
 real estate. 8 L.R.A. (N.S.) 804; 16 
 L.R.A. (N.S.) 818. 
 
 27. As to title. 
 
 May fraud be predicated of misstatement as 
 to title to real property. 28 L.R.A. 
 (N.S.) 202; 39 L.R.A. (N.S.) 1140. 
 
 28. As to value. 
 
 Effect of purchaser's concealment or mis- 
 representation of fact affecting the 
 value of real estate. 30 L.R.A. 
 (N.S.) 748. 
 
 False statement as to cost, selling, or mar- 
 ket price of property or as to offers 
 therefor as fraud. % 35 L.R.A. (N.S.) 
 175; L.R.A.1916F, 782. 
 
 29. As to location. 
 
 Misrepresentation as to location of proper- 
 ty. 38 L.R.A. (N.S.) 301.
 
 1352 
 
 INDEX TO L.R.A. NOTES. 
 
 VENDOR AND PURCHASER cont'd 
 III. Vendor's lien. 
 
 30. Generally. 
 
 Dower in land subject to vendor's lien, see 
 D.OWER, 4a. 
 
 Interpleader between. 10 L.R.A. (N.S.) 753. 
 On superstructure on railroad right of way. 
 
 60 L.R.A. 44. 
 Questioning validity of attachment by. 35 
 
 L.R.A. 774. 
 Effect of payment bv volunteer or stranger. 
 
 23 L.R.A. 130. 
 Agreement for support in consideration of 
 
 conveyance as basis for equitable lien. 
 
 13 L.R.A.(N.S.) 725; 28 L.R.A. (N.S.) 
 
 607; 43 L.R.A. (N.S.) 929. 
 Vendor's lien as affecting sole and uncondi- 
 tional ownership. 7 L.R.A. (N.S.) 627. 
 
 31. Subrogation to. 
 
 Right of one advancing money for purchase 
 price of property to be subrogated 
 to vendor's lien. 37 LJLA. (N.S.) 
 1203. 
 
 32. Priority of. 
 
 Priority over widow's claim to dower. 52 
 L.R.A. (N.S.) 553. 
 
 As against purchaser at judicial sale. 21 
 L.R.A. 39. 
 
 Is money loaned to improve land part of the 
 purchase price within the rule that a 
 purchase money lien takes priority over 
 homestead rights. 41 L.R.A. (N.S.) 89. 
 
 Rights of seller of fixtures, retaining title 
 thereto or a lien thereon, as against 
 lien of vendor of realty. 1 B. R. C. 
 670. 
 
 VENDOR AND PURCHASER, III. cont'd 
 Effect of discharge in bankruptcy on. 42 
 L.R.A.(N.S.) 295. 
 
 33. Assignment of. 
 
 Assignment of vendor's 
 187.* 
 
 lien. 13 L.R.A. 
 
 34. Enforcement of. 
 
 The right of a vendor of real estate, upon 
 purchaser's refusal to perform, to re- 
 sell at latter's risk, and hold him liable 
 for deficiency. 8 L.R.A. (N.S.) 137. 
 
 Effect of statutory bar of action for pur- 
 chase money on right to enforce. 39 
 L.R.A. (N.S.") 1171. 
 
 Necessity of pleading statute of frauds in 
 suit to enforce vendor's lien. 49 L.R.A. 
 (N.S.) 37. 
 
 Right of creditor of vendor to benefit of 
 
 vendor's 
 ISO. 
 
 Deficiency decree 
 vendors' lien. 
 
 lien. 47 L.R.A. (N.S.) 
 
 in action to foreclose 
 13 L.R.A. (N.S.) 874. 
 Right to redeem from sale enforcing vendor's 
 lien. 44 L.R.A. (N.S.) 285. 
 
 35. Waiver or loss of. 
 
 By attachment or execution. 50 L.R.A. 717. 
 Acceptance of commercial paper as. 35 
 
 L.R.A. (N.S.) 91. 
 Joining i n mortgage as. 35 L.R.A. (N.S.) 
 
 348. 
 
 ZF. Rights 
 
 sons : 
 
 of parties as to third 
 bona fide purchasers. 
 
 per- 
 
 Beyin with this book on every law question. 
 
 36. Generally. 
 
 Dower in land subject to purchase money 
 
 mortgage or vendor's lien, see DOWER, 
 
 4a. 
 Conveyances in fraud of creditors, see 
 
 FRAUDULENT CONVEYANCES. 
 Mechanics' liens on building erected by 
 
 vendees, see MECHANICS' LIENS, 7! 
 Assumption of mortgage debt by grantee, 
 
 see MORTGAGE, 40-46. 
 Constructive notice to purchaser, see 
 
 NOTICE, 12, 17. 
 
 Effect of substitute conveyances as against 
 innocent third persons. 44 L.R.A. (N.S.) 
 851. 
 
 Rights of purchasers subsequent to parti- 
 tion. 57 L.R.A. 338. 
 
 Right of one taking conveyance from holder 
 of final certificate of entry on public 
 land in event of its cancelation. L.R.A. 
 1918E, 1002. 
 
 Power of vendee to subject vendor's interest 
 to mechanics' lien. 23 L.R.A. (N.S.) 
 601; L.R.A.1917D, 577. 
 
 Right of vendee of land subject to a lien to 
 raise the question of usury. 8 L.R.A. 
 (N.S.) 814; 48 L.R.A. (N.S.) 840. 
 
 Right of vendee under executory contract to 
 maintain action for injury to real 
 property. 30 L.R.A.(N.S.) 231. 
 
 Right of purchaser of land to recover 
 amount paid by him to relieve land 
 from tax lieu from one who should 
 have paid the same but with Avhom he 
 had no contractual relationship. 22 
 L.R.A.(N.S.) 562. 
 
 Is purchaser of real property under an exec- 
 utory contract, the owner thereof for 
 purposes of taxation. 24 L.R.A. lN.^.) 
 1300. 
 
 Vendee under executory contract as owner 
 for purposes of insurance where vendor 
 holds legal title. 20 L.R.A. (N.S.) 775. 
 
 Personal liability of purchaser of land on 
 contract under which it is supplied 
 with water. 39 L.R.A. (N.S.) 798. 
 
 Is agreement by vendee to pay encum- 
 brances within statute of frauds as 
 promise to answer for the debt of an- 
 other. 15 L.R.A. (N.S.) 1087. 
 
 Right of purchaser of real estate to rely on 
 the statute of frauds against contract 
 bv his vendor with a third person. 40 
 L.R.A. (N.S.) 883. 
 
 Rights of third persons intervening between 
 the taking and the exercise of the op- 
 tion for purchase of real property. 28 
 L.R.A,(N.S.) 522; 43 L.R.A. (N.S. ; 
 1150. 
 
 Rights of purchasers or mortgagees of 
 grantor's crops as against subsequent 
 vendee of the land. L.R.A.1917C, 39. 
 
 Enforcement by or against purchaser of 
 obligation to contribute. to cost of party 
 wall. 66 L.R.A. 673.
 
 INDEX TO L.R.A. NOTES. 
 
 1353 
 
 VENDOR AND PURCHASER, IV. cont'd 
 
 Remedies against subsequent purchaser 
 from devisee for enforcement of legacy 
 when charged on devise. 30 L.R.A. 
 (N.S.i 818. 
 
 Right of one who has placed a purchaser in 
 possession to maintain a bill to quiet 
 title against outstanding claim. 12 
 L.R.A.IN.S.) G52. 
 
 Liability of purchaser for damming back 
 water of stream. 59 L.R.A. 858. 
 
 Right of grantee to sue for injuries by dam- 
 ming back water of stream. 59 L.R.A. 
 901. 
 
 May purchaser of property be required to 
 accept deed of third person. 37 L.R.A. 
 (N.S.) 1123. 
 
 Does continuation by grantee of life tenant 
 of adverse possession, initiated by the 
 creator of the life estate, inure to bene- 
 fit of remaindermen. 24 L.R.A, (N.S.) 
 1055. 
 
 Right of husband's grantee to exoneration 
 of land conveyed, by allotment of dower 
 from other land. 34 L.R.A. (N.S.) 917. 
 
 Failure of title of payee of purchase money 
 note as affecting purchaser of note 
 with knowledge of the character of the 
 consideration. 46 L.R.A.(N.S.) 870. 
 
 Right of successor to share of cotenant to 
 latter's claim to allowance for im- 
 provements to common property. 45 
 L.R.A. (N.S.) 738. 
 
 Right of receiver to take property from 
 possession of purchaser. 47 L.R.A. 
 (N.S.) 749. 
 
 Estoppel of third person against assertion 
 of title or interest in real property by 
 concealing the same or representing it 
 to be in vendor. 48 L.R.A. (N.S.) 745. 
 
 Agreement between landlord and tenant for 
 removal of fixtures by latter as affect- 
 ing purchaser of premises. L.R.A. 
 1915E, 822. 
 
 37. Rights of bona fide purchasers. 
 
 Rights of bona fide purchasers from grantee 
 of insane persons. 19 L.R.A. 492. 
 
 Title of bona fide purchaser from fraudu- 
 lent grantee. 67 L.R.A. 891, 898. 
 
 Effect of delivery in escrow as to bona 
 fide purchaser from grantee who has 
 wrongfully obtained and recorded the 
 deed. 17 'L.R.A. 511. 
 
 Protection of purchaser from apparent ven- 
 dee under instrument apparently a 
 conveyance but intended as a mortgage. 
 ?>> L.R.A. (N.S.) 1046; 38 L.R.A. (N.S.) 
 082. 
 
 Rights of assignee as against subsequent 
 bona tiuV purchasers or encumbrancers 
 relying on apparent discharge of the 
 mortgage by the mortgagee. 15 L.R.A. 
 (X.S.) 1025; L.R.A.1915F, 554. 
 
 Right of wife to relief against executed con- 
 veyance by husband in fraud of her 
 support where arrantee is a bona fide 
 purchaser. 18 L.R.A. (N.S.) 1152. 
 lt also L.R.A. Digests of Cases. 
 
 VENDOR AND PURCHASER, IV. cont'd 
 Right, as against subsequent bona fide pur- 
 chaser, to avoid deed because of 
 false impression, induced by fraud, 
 as to the contents or character of 
 paper signed. 36 L.R.A.(N.S.) 
 537. 
 
 Effect of plat as to which purchaser of 
 property affected thereby has no notice. 
 44 L.R.A.(N.S.) 231. 
 
 Rights of bona fide purchaser of title fraud- 
 ulently registered under the Tori ens 
 Law. L.R.A.1916D, 72. 
 
 38. Rights of grantee under quit- 
 claim deed. 
 
 See QUITCLAIM DEED, 2. 
 
 39. Nature of consideration. 
 
 Sufficiency of pre-existing debt to give one 
 character of bona fide purchaser or 
 mortgagee. 19 L.R.A. 590; L.R.A. 
 1918C, 438; L.R.A.1918D, 568. 
 
 Effect of assumption of obligation before 
 notice of defective title to sustain the 
 bona fide character of purchaser of real 
 estate. 7 L.R.A. (N.S.) 1020. 
 
 VENDOR'S LIEN". 
 
 See VENDOR AND PURCHASER, 30-35. 
 
 VENEREAL DISEASE. 
 
 Misrepresentations or concealment as to, as 
 
 ground for annulment of marriage. 13 
 
 L.R.A.(N.S.) 996. 
 Condonation of, as defense to action for di- 
 
 vorce or annulment of marriage. 5 
 
 L.R.A.(N.S..) 729. 
 Requiring certificate of freedom from ven- 
 
 ereal disease, as condition to marriage. 
 
 52 L.R.A. (N.S.) 778. 
 
 VENIRE. 
 
 For grand jury. 27 L.R.A. 778. 
 
 VENIRE DE NOVO. 
 
 Correction of special verdict by. 24 L.R.A. 
 (N.S.) 74. 
 
 VENTILATION. 
 
 Master's liability for vice principal's negli- 
 gence in failing to keep place of Avork 
 properly ventilated. 54 L.R.A. 133.
 
 ]354 
 
 INDEX TO L.E.A. NOTES. 
 
 VENTILATORS. 
 
 Carrier's liability for injury by failure to 
 adjust. 15 L.B.A.(N.S.) 801. 
 
 VEXTRE SA MERE. 
 
 Capacity of child en venire sa mere to take 
 under devise or bequest to children. 1 
 B. E. C. 582. 
 
 Prrnatal injury to infant as ground 
 action. 45 L.K.A.(N.S.) 625. 
 
 of 
 
 ATENUE. 
 
 1. Generally. 
 
 Eights of courts of one state to enforce 
 causes of action arising in another 
 state, see CONFLICT OF LAWS. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 191. 
 
 Territorial limitations of jurisdiction, see 
 COURTS, 19-26. 
 
 Validity of provision in contract as to place 
 where action may be brought. L.E.A. 
 3916D, 696. 
 
 Degree of proof of venue in criminal cases. 
 L.B.A.1918B, 1187. 
 
 When may local venue bo disregarded upon 
 ground that action or proceeding is an- 
 cillary or incidental. L.E.A.1916D. 
 1134. 
 
 Venue of action against municipal corpora- 
 tion. 25 L.E.A. (N.S.) 711; L.E.A. 
 1915F, 1029. 
 
 Offense of desertion or failure to provide 
 for wife or family as affected by resi- 
 dence of parties. '47 L.E.A. (N.S.) 218. 
 
 Of offense of obtaining property by false 
 pretenses. 49 L.E.A. (N.S.) 834. 
 
 Of offense of libel. 49 L.E.A. (N.S.) 941. 
 
 Of civil action for libel or slander. L.E.Ai 
 1918F, 1026. 
 
 Of prosecution for embezzlement. L.E.A. 
 1918E, 744, 
 
 Of action for death caused by negligence. 4 
 L.E.A. 203. 
 
 Of action by state court against national 
 bank for taking or charging usury. 56 
 L.E.A. 692. 
 
 Of action in state court against foreign cor- 
 poration. 70 L.E.A. 096. 
 
 Of action for injury by damming back 
 water of stream. 59 L.E.A. 890. 
 
 Jurisdiction of actions, aided by attach- 
 ment or garnishment, against a resi- 
 dent of the state. 49 L.E.A. (N.S.) 548. 
 
 Effect of rule abrogating local venue upon 
 rule precluding jurisdiction of action 
 for tort concerning real property in 
 another state or countrv. 26 L.E.A. 
 (N.S.) 928. 
 
 Power of legislature to provide for indict- 
 ment in county or district other than 
 where crime alleged to have been com- 
 
 VENtJE cont'd 
 2. Change. 
 
 Propriety of arguments by counsel to jury 
 referring to changes of venue. L.E.A. 
 1918D, 56. 
 
 Motion to change, as extending time to 
 plead. 47 L.E.A. (N.S.) 857. 
 
 Constitutionality of statute permitting 
 change of venue to one party and not 
 to the other. L.E.A.1915F, 920. 
 
 Petition for change of, as a contempt. 9 
 L.E.A. 566. 
 
 Proceedings for incorporation of drainage 
 district or for other public improve- 
 ment as a civil suit within statute al- 
 lowing change of venue. 12 L.E.A. 
 (N.S.) 900. 
 
 Prohibition against court proceeding with 
 case in which it erroneously denied a 
 change of. 2 L.E.A. (N.S.) 395; L.E.A. 
 1917F, 911. 
 
 Mandamus to compel change of venue. 
 L.E.A.1917F, 914. 
 
 Mandamus to prevent change of, from court 
 having exclusive jurisdiction. 2 L.E.A. 
 (N.S.) 568. 
 
 Use of superintending control over inferior 
 tribunal to compel change of venue. 20 
 L.E.A. (N.S.) 951. 
 
 3. in criminal cases. 
 
 Mandamus to compel change. L.E.A. 
 1917F, 914. 
 
 Delay caused by change, as ground for dis- 
 charge of accused. 56 L.E.A. 525. 
 
 Effect orT conviction of failure to give ac- 
 cused an opportunity to plead where 
 there has been a change from one court 
 to another. 13 L.E.A. (N.S.) 815. 
 
 Will habeas corpus lie to release one con- 
 victed after wrongful refusal to change 
 venue. 25 L.E.A. (N.S.) 483. 
 
 Time and place covered by recognizance or 
 bail bond in criminal case where change 
 of venue is taken. L.E.A.1916F, 380. 
 
 mitted. 7 L.E.A. (N.S.) 
 1918F, 965. 
 
 669; L.E.A. 
 
 Injunction against judgment for matters 
 relating to. 31 'L.E.A. 203. 
 
 VERACITY. 
 
 Of witness, see WITNESSES, 41-46. 
 
 VERDICT. 
 
 Eeversible error as to, see APPEAL AND 
 
 ERROR, 40. 
 In general, see TRIAL, 75-87. 
 
 VERIFICATION. 
 
 By corporate officer, see CORPORATIONS, 
 42. 
 
 Of indictment or information, see INDICT- 
 MENT, ETC., 12. 
 
 Of pleading in civil action, see PLEADING, 
 
 Begin iritJi tliis book on every law question. 
 
 2.
 
 INDEX TO L.K.A. MOTES. 
 
 1355 
 
 VERI FIC ATIOX cont'd 
 
 Of initiative or referendiun petition. L.R.A. 
 1917B, 36. 
 
 Of recall petition. L.R.A.1916D, 1107. 
 
 Of record of mining claim. 7 L.R.A. (X.S.) 
 875. 
 
 What constitutes a verification of accounts 
 as required by fidelity bond or con- 
 tract. 10 L.R.A. (X.S.) 323. 
 
 By ofliccr of corporation as verification by 
 agent of corporation. 16 L.R.A. (X.S.) 
 ' 
 
 VERMIN. 
 
 Constitutionality and validity of statutes 
 or ordinances for extermination of 
 vermin. L.R.A.1916A, '1239. 
 
 Provision relieving carrier from liability for 
 damage by vermin as extending to loss 
 caused by negligence. 6 B. R. C. 130. 
 
 VESSELS. 
 
 Abandonment of, see ABANDONMENT, 7. 
 Insurance on, see MARINE INSURANCE. 
 Liens on, see MARITIME LIENS. 
 In general, see SHIPPING. 
 Where taxable, see TAXES, 49. 
 
 Local license tax on vessels licensed by 
 United States. 27 L.R.A. 414. 
 
 Admiralty jurisdiction of contract for con- 
 -t ruction of. 66 L.R.A. 198. 
 
 Admiralty jurisdiction of contract for build- 
 ing and outfitting. 66 L.R.A. 216. 
 
 Acceptance of partial allowance by United 
 States of claim for rent of, as an ac- 
 cord and satisfaction. 42 L.R.A. (X.S.) 
 115. 
 
 Loss of profits as element of damages for 
 breach of contract for the construction 
 or repair of. 53 L.R.A. 50. 
 
 Upon whom duty of furnishing vessel lies 
 under contract to ship goods f. o. b. 62 
 L.R.A. 797. 
 
 Applicability of liquor laws to vessels. 
 L.R.A.1915F, 1140. 
 
 Liability of hirer of vessel under special 
 terms of contract for its care or re- 
 turn. L.R.A. 1915B, 300, 306. 
 
 Forfeiture of vessels used in violation of the 
 fish laws. L.R.A.] 916F, 916. 
 
 VESTED INTEREST. 
 
 Under will, see WILLS, 99-102. 
 
 VESTED REMAINDERS. 
 
 See WILLS, 101, 102. 
 
 Consult also L.R.A. Digests of Cases. 
 
 VESTED RIGHTS. 
 
 In general, see CONSTITUTIONAL LAW, 29. 
 In statute of limitations, see LIMITATION OF 
 ACTIONS, 3. 
 
 Questioning validity of attachment for in- 
 jury to. 35 L.R.A. 782. 
 
 VESTIBULED CARS. 
 
 Liability of carrier for accident through 
 leaving vestibule doors open. 2 L.R.A. 
 (N.S.) 645. 
 
 Injury to passenger on platform of vesti- 
 buled train.' 22 L.R.A. (X.S.) 313; 27 
 L.R.A.(X.S.) 253. 
 
 Xegligence of passenger in passing from 
 one car to another. 34 L.R.A. 721. 
 
 Liability of street railway company to em- 
 ployees for failure to perform statu- 
 tory duty to provide vestibules on curs. 
 30"L.R.A.(X.S.) 428. 
 
 VESTRYMAN. 
 
 Injunctive relief affecting. 
 868. 
 
 3 L.R.A.(N.S.) 
 
 VETERANS. 
 
 Rights under civil service laws, see CIVIL 
 SERVICE, 2. 
 
 Validity of pension or bounty to confederate 
 soldiers. 45 L.R.A. (X.S.) 692. 
 
 Vested right in pension. 50 L.R.A. (X.S.) 
 1018. 
 
 VETO. 
 
 Power of governor to veto part of statute 
 only. 55 L.R.A. 882. 
 
 Power of Governor to veto initiative meas- 
 ure. 50 L.R.A. (X.S.) 208; L.R.A. 
 1917B, 24. 
 
 VEXATIOUS SUITS. 
 
 Right of court to decline jurisdiction of 
 frivolous and vexatious suits. 6 B. R. 
 C. 334. 
 
 VIADUCTS. 
 
 Liability of railroad company to abutting 
 owner from damages from change of 
 grade necessary to carry highway 
 across tracks. 26 L.R.A. (X.S.) 226; 
 L.R.A.1916D, 1078.
 
 3356 
 
 INDEX TO L.R.A. NOTES. 
 
 VIADUCTS cont'd 
 
 Municipal liability for injury to abutting 
 owner from, under constitutional pro- 
 vision against "damaging" private 
 property for public use without com- 
 pensation. 36 L.R.A. (N.S.) 1198. 
 
 VIBRATION. 
 
 Liability for injury to person or property 
 from concussion caused by blasting. 12 
 L.R.A. (N.S.) 389; 27 L.R,A.(N.S.) 
 425; L.R.A.1915E, 356. 
 
 Noise with or without vibration incident to 
 lawful industrial business as a nui- 
 sance. 17 L.R.A. (N.S.) 287; 44 L.R.A. 
 (N.S.) 236. 
 
 Right to recover for, in condemnation pro- 
 ceedings. 17 L.R.A.(N.S.) 1054; 40 
 L.R.A.(N.S.) 48. 
 
 VICE PRESIDENT. 
 
 Of corporation, powers of, see CORPORA- 
 TIONS, 47, 48. 
 
 VICE PRINCIPAL. 
 
 As fellow servant, see MASTER AND SERV- 
 ANT, III. d, 3. 
 
 Liability of vessel or owner for acts of, see 
 SHIPPING, 14. 
 
 VICIOUSNESS. 
 
 Expert testimony as to vicious character 
 of animals. * 24 L.R.A.(N.S.) 1189. 
 
 Admissibility of evidence of subsequent vi- 
 cious conduct of animal inflicting in- 
 jury. 17 L.R.A. (N.S.) 1233. 
 
 VIDELICET. 
 
 Effect of videlicet following word "heirs" in 
 a grant or devise of real property to 
 restrict estate given to the first taker. 
 33 L.R.A.(N.S.) 191. 
 
 VI ET ARMIS. 
 
 Taking of property by, from possession of 
 bailee as defense to him against bail- 
 or. 33 L.R.A.(N.S.) 688. 
 
 VIEW cont'd 
 
 Interference with view. L.R.A.1917C, 1135. 
 
 Right of action of occupant of premises 
 abutting on highway for interference 
 with the public's view of goods or ad- 
 vertising displayed thereon. 6 B. R. C. 
 493. 
 
 Injunction against interference with view 
 from street. 5 L.R.A. (N.S.) 486. 
 
 View outside the territorial jurisdiction. 
 L.R.A.1917F, 984. 
 
 VIEWERS. 
 
 Necessity of viewers as a condition of dis- 
 continuance of highway. 26 L.R.A. 829. 
 
 I 
 -a-*-* 
 
 VILLAGES. 
 
 For municipalities, generally, see MUNICI- 
 PAL CORPORATIONS. 
 
 What constitutes a village. 35 L.R.A. 396. 
 
 What is a village within statutes or ordi- 
 nances in relation to intoxicating li- 
 quor. L.R.A.1915C, 898. 
 
 Who may maintain quo warranto to test 
 validity of organization of. 21 L.R.A. 
 (N.S.) 685. 
 
 Creation of indebtedness within meaning of 
 debt limit provision. 37 L.R.A. (N.S.) 
 1058: L.R.A.1917E, 437. 
 
 Rule for determining the indebtedness with- 
 in the meaning of debt limit provisions, 
 where boundaries of different political 
 units are wholly or partlv coincident. 
 L.R.A.1917E, 468. 
 
 Power to employ attorney. L.R.A.1917D, 
 
 246. 
 
 Right, when entitled to services of offi- 
 cial attorney, to employ other at- 
 torney in civil matters. L.R.A. 
 1917D, 251. 
 
 VINEGAR. 
 
 See FOOD, 10. 
 
 VINEYARD. 
 
 Mechanic's lien for planting of. L.R.A. 
 1917D, 352. 
 
 VINOUS LIQUORS. 
 
 As intoxicating liquors. 20 L.R.A. 645. 
 
 VIOLATION OF LAW. 
 VIEW. 
 
 I Effect of, on right to recover on policy, see 
 
 View of jury generally, see EVIDENCE, 159. INSURANCE, 168. 
 
 Begin irjfft this fooofc on every law question.
 
 INDEX TO L.R.A. NOTES. 
 
 1357 
 
 VIOLATION OF LAW cont'd 
 
 As contributory negligence. 21 L.R.A. 
 
 (N.S.) 667; 48 L.R.A. (N.S.) 639. 
 Effect of, on homicide by negligent operation 
 
 of automobile. L.R.A.1918B. 955. 
 Effect of, on criminal homicide in operation 
 
 of railroad or street railway. L.R.A. 
 
 1917C, 537. t 
 
 VIOLENCE. 
 
 Effect of violence during strike on carrier's 
 liability. 35 L.R.A. 627. 
 
 Voluntariness of confession induced by fear 
 excited by violence. 18 L.R.A. (N.S.) 
 832, 837; 50 L.R.A. (N.S.) 1087. 
 
 Competency of witness to testify as to rep- 
 utation for. 2 L.R.A.(N.S.) 553; 22 
 L.R.A.(N.S.) 661. 
 
 Demonstration of violence outside of range 
 of actual injury as assault. 33 L.R.A. 
 (N.S.) 982. 
 
 VIOLENT MEANS. 
 
 Death of insured by, see INSURANCE, 165. 
 
 VISIBLE EASEMENT. 
 
 See EASEMENTS, 13, 19-21. 
 
 VISITATION. 
 
 Remedy for refusal to permit visitation 
 of children as provided by decree of 
 divorce. L.R.A.1917B, 290. 
 
 VISITATORIAL POWER. 
 
 Of donor of charitable trust or his heirs. 
 3 L.R.A. (N.S.) 227. 
 
 VISITOR. 
 
 Injury to tenant's visitors, see LANDLORD 
 AND TENANT, IV. d, 4. 
 
 Duty and liability of owner to one on prem- 
 ises for purpose of seeing his employees. 
 24 L.R.A. (N.S.) 497. 
 
 Right of, to notice to redeem from tax 
 sale. 44'L.R.A.(N.S.) 676. 
 
 VIS MAJOR. 
 
 See also ACT OF GOD; INEVITABLE ACCI- 
 DENT. 
 
 Applying doctrine of, to liability for fall- 
 ing walls or buildings. 34 L.R.A. 563. 
 
 Liability for injury caused by escape 
 through vis major of water stored on 
 one's premises. 15 L.R.A. (N.S.) 547. 
 
 Burden of protff when defense in action to 
 recover for loss or injury to goods dur- 
 ing carriage is vis major. 29 L.R.A. 
 (N.S.) 663; L.R.A.1915D, 547. 
 
 Law governing effect of, on carrier's con- 
 tracts. 63 L.R.A. 531. 
 
 VITALIZER. 
 
 Application of statute regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A. (N.S.) 
 762; 24 L.R.A. (N.S.) 103; 25 L.R.A. 
 (N.S.) 1297. 
 
 t 
 VITAL SCIENCE. 
 
 Application of statute regulating practice 
 of medicine to persons giving special 
 kinds of treatment. 3 L.R.A.(N.S.) 
 762; 24 L.R.A. (N.S.) 103; 25 L.R.A. 
 (N.S.) 1297. 
 
 VITAL STATISTICS. 
 
 Constitutionality of statutes in relation to. 
 39 L.R.A.(N.S.) 1015. 
 
 VOICE. 
 
 Identification by, see EVIDENCE, 155. 
 
 VOID INSTRUMENTS. 
 
 Forgery of. 24 L.R.A. 38. 
 
 VOID INSURANCE. 
 
 Effect of, on other insurance, see INSUB- 
 ANCE, 100. 
 
 
 
 VISITS. 
 
 Physician's right to determine frequency of, 
 
 to patient. 51 L.R.A. 298. 
 Consult also L.R.A. Digests of Cases. 
 
 VOID JUDGMENTS. 
 
 Effect of levy under, see LEVY AND SEIZUBE, 
 14. 
 
 Right to appeal from. 33 L.R.A. (N.g.) 733. 
 In garnishment proceedings, injunction a- 
 gainst. 30 L.R.A. 362.
 
 1358 
 
 INDEX TO L.R.A. NOTES. 
 
 VOID LEGACY. 
 
 Who takes, see WILLS, 129. 
 
 VOID PAPER. 
 
 Payment of debt by. 35 L.R.A.(KS.) 71. 
 
 VOIR DIRE. 
 
 Examination of juror on, see JURY, Sa. 
 
 VOLENTI NON FIT INJURIA. 
 
 As defense to actions by injured servants, 
 see MASTER AND SERVANT, 112. 
 
 VOLUNTARY ASSESSMENTS. 
 
 On paid-up stock. 45 L.R.A. 652. 
 
 VOLUNTARY ASSOCIATIONS. 
 
 See ASSOCIATIONS. 
 
 VOLUNTARY CONVEYANCE. 
 
 See FRAUDULENT CONVEYANCES, 7. 
 
 VOLUNTARY CREDITS. 
 
 [To bring debt within jurisdiction of court, 
 see COURTS, 29. 
 
 VOLUNTARY DISMISSAL. 
 
 Of action, see DISMISSAL AND DISCONTINU- 
 ANCE, 2. 
 
 VOLUNTARY EXPOSURE TO 
 DANGER. 
 
 By insured, see INSURANCE, 158, 164. 
 
 VOLUNTARY PAYMENTS. 
 
 VOLUNTARY SALE. 
 
 See FRAUDULENT CONVEYANCES, 7. 
 
 ft VOLUNTARY SURRENDER. 
 
 Right to habeas corpus in case of. 35 
 
 L.R.A.(N.S.) 885. 
 Admissibility of evidence of defendant's 
 
 voluntary surrender. 20 L.R.A. (N.S.) 
 
 409. 
 
 VOLUNTARY TRUSTS. 
 
 See TRUSTS, 6. 
 
 Recovery back of, see ASSUMPSIT, II. 
 
 Begin \vith this book on every law question. 
 
 VOLUNTEER. 
 
 1. Generally. 
 
 Enlistment of minor in volunteer army 
 without parent's consent. 39 L.R.A, 
 (N.S.) 454. 
 
 2. Liability for acts of. 
 
 Liability of master for injury to property 
 or person of one to whom he owes no 
 contractual duty by acts of a volunteer 
 whom servant permits to assist in the 
 performance of the master's service. 
 13 L.R.A. (N.S.) 572; 45 L.R.A. (N.S.) 
 382; L.R.A. 191 6B, 630. 
 
 Leaving elevator in position to be operated 
 by stranger as proximate cause of in- 
 jury to passenger occasioned by act of 
 third person in connection therewith. 
 22 L.R.A.(N.S.) 297. 
 
 3. Personal injury to. 
 
 Master's liability to, see MASTER AND SERV- 
 
 ANT, 107, 108-. 
 Assumption of risks by, see MASTER AND 
 
 SERVANT, 121. 
 Performing duties outside scope of employ- 
 
 ment as contributory negligence, see 
 
 MASTER AND SERVANT, 131. 
 Voluntarily incurring dangor to save life 
 
 of another as contributory negligence, 
 
 see NEGLIGENCE, 33. 
 
 Contributory negligence of volunteers hand- 
 ling or testing electric wire or appa- 
 ratus. 6 L.R.A. (N.S.) 290. 
 
 4. Payment by. , 
 
 Payment by. 23 L.R.A. 120. 
 
 Moral obligation as consideration for prom- 
 
 ise, to repay volunteer. 53 L.R.A. 372; 
 
 26 L.R.A.(N.S.) 526. 
 Right of volunteer advancing money for pur- 
 
 chase price of property to be subroga- 
 
 gated to vendor's lien. *37 L.R.A. (N.S.) 
 
 1204.
 
 INDEX TO L.R.A. NOTES. 
 
 1359 
 
 VOTE. 
 
 In general, see ELECTIONS; PARLIAMENTARY 
 
 LAW. 
 Votintr by stockholders, see CORPORATION'S, 
 
 JS 122-12G. 
 
 Impeachment by voters of sufficiency of vote 
 by which bill was passed. 40 L.R.A. 
 (X.S.) 17. 
 
 Showing by journal's failure to record vote 
 on bill 40 L.R.A.(N.S.) 19. 
 
 VOTERS AND ELECTIONS. 
 
 See ELECTIONS. 
 
 VOTING MACHINE. 
 
 See CONSTITUTIONAL LAW, 58; ELECTIONS, 
 23. 
 
 VOTING CONTEST. 
 
 Legality of. L.R.A.1917D, 489, 
 
 VOTING TRUST. 
 
 Of corporate stock, see CORPORATIONS, 
 
 124. 
 
 VOUCHERS. 
 
 Negligence in examination of, see BANKS, 
 24, 29. 
 
 Condition in fire policy as to keeping, pro- 
 ducing and preserving. 51 L.R.A. 
 698. 
 Waiver of. L.R.A.1915F, 759. 
 
 VULGARITY. 
 
 As disturbance of public peace. 32 L.R.A. 
 (N.S.) 505. 
 
 Vulgar statements made by person causing 
 accident some time thereafter as res 
 gestce. 42 L.R.A. (X.S.) 926. 
 
 Libel or slander by charge of, against pub- 
 lic officer or candidate. L.R.A.1918E, 
 37. 
 
 w 
 
 WAGE EARNERS. 
 
 In general, see MASTER AND SERVANT. 
 
 Exempting wage earners from anti-trust 
 laws. 52 L.R.A.(X.S.) 525. 
 
 Effect upon state insolvency laws of provi- 
 sions of Federal Bankruptcy Act ex- 
 cepting wage earners from involuntary 
 bankruptcy. L.R.A.1917A, 109. 
 
 WAGER. 
 
 See CONTRACTS, 105, 106, 115, 116; IN- 
 SURANCE, 24-35, 122. 
 
 WAGERING CONTRACTS. 
 
 See CONTRACTS, 105, 106, 115, 116; IN- 
 SURANCE, 24-35, 122. 
 
 WAGES. 
 
 Wage?, generally, see MASTER AND SERVANT, 
 
 24-31, 43a. 
 Assignment of, see MASTER AND SERVANT, 
 
 28. 
 
 Exemption of, see EXEMPTION, 5. 
 Consult also L.R.A. Digests of Cases. 
 
 WAGES cont'd 
 
 Garnishment of, see GARNISHMENT, jOa. 
 
 Of seamen, see SEAMEN. 2. 
 
 Of school teacher, see SCHOOLS, 17, 18. 
 
 Maritime lien for. 70 L.R.A. 364. 437. 
 
 Right of married woman to recover for loss 
 of. 20 L.R.A. (N.S.) 215. 
 
 Validity of statute or ordinance requiring 
 persons engaged in business of loaning 
 money on security of wages to file a 
 record of loans made. 25 L.R.A. (X.S.) 
 686. 
 
 Who are laborers, employees, or servants 
 within meaning of statutes giving pref- 
 erence to. 18 L.R.A. 305. 
 
 WAGONER. 
 
 See CARTMEN AND TEAMSTERS. 
 
 WAGONS. 
 
 See VEHICLES. 
 
 WAIVER. 
 
 1. Generally. 
 
 Of fraud, see FRAUD AND DECEIT, 42.
 
 1300 
 
 INDEX TO L.R.A. NOTES. 
 
 WAIVER coufd 
 
 Of statute of limitations, see LIMITATION OF 
 
 ACTIONS, IV. 
 By trustee, see TRUSTS, 23. 
 
 Of right of surface owner to support sur- 
 face as against owner of minerals. 41 
 
 LJRJM.N.S.) 238. 
 
 Of right to set-off against judgment in 
 hands of assignee. 23 L.R.A. 339. 
 
 By fiduciaries in action. 32 L.R.A. 671. 
 
 Of right to attack marriage for lunacy of 
 one of parties. 40 L.R.A. 745. 
 
 Of penalty against national bank for charg- 
 ing or taking usury. 56 L.R.A. 680. 
 
 Of personal liability of executor or admin- 
 istrator to distributees for interest 
 during delav in settlement of estate. 
 31 L.R.A. (N.S.) 360. 
 
 Waiver by bailee of right to make defense 
 against bailor of hostile, adverse, para- 
 mount title of third person. 33 L.R.A. 
 (X.S.) 696. 
 
 Of right to contest assessment for drains 
 and sewers. 60 L.R.A. 246. 
 
 Of objection that assessment for public im- 
 provement exceeds the percentage lim- 
 ited by charter or statute. 38 L.R.A. 
 (N.S.) 582. 
 
 Of tort in actions for enticing or harbor- 
 ing apprentice. 5 L.R.A. (N.S.) 1161. 
 
 Of exemption against claim for rent. 24 
 L.R.A. 812. 
 
 Of rights under Federal employers' liability 
 act. 47 L.R.A.(X.S.) 76; L.R.A.1915C, 
 84. 
 
 2. Contractual matters generally. 
 
 Of objections to performance of contract, 
 
 see CONTRACTS, 139. 
 By insured, see INSURANCE, 130, 131. 
 By insurance company, see INSURANCE, 
 
 132-144. 
 Of right in pledged property, see PLEDGE 
 
 AND COLLATERAL SECURITY, 8, 9. 
 
 Of notice of acceptance of guaranty. 16 
 L.R.A.(N.S.) 379. 
 
 Of notice of default to bind guarantor. 20 
 L.R.A. 264. 
 
 Of condition against bond taking effect un- 
 , til signed by others. 45 L.R.A. 329, 
 346. 
 
 Extent to which bondholders are represent- 
 ed by trustee's waiver of rights. 16 
 L.R.A. (X.S.) 1012. 
 
 Of release of homestead. 56 L.R.A. 76. 
 
 Of requirement of signature to railway 
 ticket or coupon. 30 L.R.A. (X.S.) 432. 
 
 Of limitation of time within which transpor- 
 tation tickets may be used. L.R.A. 
 1918A, 784. 
 
 Waiver by carrier of contractual rights un- 
 der interstate shipment as unlawful dis- 
 
 crimination among shippers. 
 1918C, 978. 
 
 L.R.A. 
 
 Waiver of time stipulated in carrier's con- 
 tract for claim or suit against carrier. 
 L.R.A.1916D, 1049. 
 
 Of right to relief from mistake of law as 
 to effect of instrument accompanied by 
 negligence. 28 L.R.A.(N.S.) 891. 
 
 WAIVER cont'd 
 
 Right of cijty to waive provisions in contract 
 for public work for retention of fund 
 to insure payment of claims of laborers 
 and materialmen. 37 L.R.A. (X.S.) 576. 
 
 By surety of right to complain with respect 
 to creditor's management and collec- 
 tion of collateral. 37 L.R.A. (X.S.) 715. 
 
 Conductor's right to waive conditions in 
 stock-drover's pass. 27 L.R.A. i X.S.) 
 646. 
 
 Of condition in deed to railroad for con- 
 struction of road within specified timo. 
 32 L.R.A. (N.S.) 120. 
 
 By copartner of right to compensation for 
 services. 17 L.R.A. (N.S.) 416. 
 
 Of right to enforce rent of premises occu- 
 pied by receiver or assignee for cred- 
 itors. 59 L.R.A. 686. 
 
 Of provision for consent to assignment of 
 lease. 36 L.R.A. (N.S.) 488. 
 
 Waiver of arbitration agreements. 47 
 L.R.A.(N.S.) 425. 
 
 Of surety's right to demand that the cred- 
 itor proceed in the enforcement of the 
 obligation. L.R.A.1918C, 51. 
 
 Of stipulation in building contract that 
 alterations or extras must be ordered in 
 writing. 48 L.R.A. (N.S.) 57.1. 
 
 Consideration for secondary agreement waiv- 
 ing rights under prior contract. L.R.A. 
 1915B, 58. 
 
 Waiver without new consideration of time 
 clause in a building contract. 50 
 L.R.A.(N.S.) 501. 
 
 3. matters as to commercial paper. 
 
 Of presentment, see BILLS AND NOTES, 
 45-47. 
 
 Waiver by indorser of delay in enforcing 
 liability of maker of note. 18 L.R.A. 
 (N.S.)' 553. 
 
 Waiver of exemptions by agont authorized 
 to give paper for loan. L.R.A.1916C, 
 136. 
 
 Waiver of defense of usury as against a bona 
 fide purchaser of a bill or note. L.R.A. 
 1918C, 779. 
 
 Waiver of surety's right to demand that the 
 creditor proceed in the enforcement of 
 the obligation. L.R.A.1918C, 51. 
 
 Necessity for new consideration to support 
 waiver of failure to give notice of dis- 
 honor. 3 L.R.A.(N.S.) 1079. 
 
 4. contracts of sale. 
 
 Of breach of warranty, see SALE, 58, 59. 
 Of right to rescind contract of sale, see 
 
 SALE, 69, 70. 
 Of purchaser's right to rescind contract for 
 
 sale of land, see VENDOR AND PORCH A s- 
 
 ER, 25. 
 
 By vendor in conditional sale. 32 L.R.A. 
 
 471. 
 Of notice of defects in article sold. 1 L.R.A. 
 
 (N.S.) 142. 
 Of purchaser's right to rescind contract for 
 
 purchase of real property. 
 (N.S.) 872. 
 
 30 L.R.A. 
 
 By purchaser, as to abstract of title. 
 
 Begin with ttiis book- on every laiv question. 
 
 L.R.A.(N.S.) 48. 

 
 INDEX TO L.R.A. NOTES. 
 
 1361 
 
 WAIVER conL'd 
 
 Of conditions in contract of sale limiting 
 the warranty. 50 L.R.A. (X.8.) 790. 
 
 Waiver of delivery or tender by seller where 
 purchaser wrongfully repudiates his 
 contract. .') 1 L.U.A. (N.S.) 745. 
 
 Bringing an action for the purchase price 
 as a waiver by the vendor of the title 
 and remedy clauses in a conditional 
 sale contract. L.R.A.1916A, 925. 
 
 5. contract with servant.' 
 
 Of wrongful discharge of servant. 6 L.R.A. 
 
 (X.S.) 74. 
 Of breach of contract of employment. 6 
 
 L.R.A.(X.S.) 77. 
 Of servant's breach of duty. 8 L.R.A.(N.S.) 
 
 1009. 
 
 6. Mutters of practice generally. 
 
 Of right to appeal, see APPEAL AND ERROR, 
 
 8- 
 
 Of objections during trial, see APPEAL AND 
 KKROB, 30. 
 
 By appearance, .see APPEARANCE. 
 
 Of right to jury trial, see JURY, 7. 
 
 Of service of process, see WRIT AND PROC- 
 ESS, 38. 
 
 Waiver of objection to affidavit or complaint 
 in contempt proceeding because made on 
 information and belief. L.R.A. 1917C, 
 857. 
 
 Of use of tirm name in suit by, or against 
 partnership. 29 L.R.A. (N.S.) 284. 
 
 Of full number of jurors. 43 L.R.A. 59. 
 
 Of defects in decision of tribunal of associa- 
 tion or corporation. 49 L.R.A. 371. 
 
 Of objection to admissibility in evidence of 
 copies of records of other states. 5 
 L.R.A. (X.S.) 983. 
 
 Of objections to admission of testimony giv- 
 en on preliminary examination by wit- 
 nesses not available at time of trial. 25 
 L.R.A. (X.S.) 871. 
 
 Of service of process by statutory agent of 
 foreign corporation appointed to re- 
 ceive service. 2 L.R.A.(N.S.) 389. 
 
 Of right to object to physical examination 
 or exhibition of person. 2 L.R.A. (N.S.) 
 386. 
 
 Of objection to judge's communication with 
 jury not in open court. 17 L.R.A. 
 (_N.S.) 614. 
 
 Of property qualification of juror. 39 
 L.R'.A.fN.S.) 967. 
 
 Of question of duplication of judgmenta 
 where second judgment is entered with- 
 out vacation or reversal of the first. 
 44 L.R.A. (N.S.) 342. 
 
 Of objection to jurisdiction on removal of 
 action brought in a state court outside 
 the territorial jurisdiction of either the 
 plaintiff's or defendant's residence. 50 
 L.R.A.(N.S.) 831. 
 
 7. in criminal eases. 
 
 Of defect of duplicity in indictment, see IN- 
 DICTMENT, ETC., 31. 
 
 Of right to object to selection of grand jury 
 by unauthorized person. L.R.A.1917C, 
 225. 
 
 Consult also L.R.A. Digests of Cases. 
 
 WAIVER cont'd 
 
 Of objection that grand jury was not sworn. 
 
 49 L.R.A. (N.S.) 1217. 
 Validity of waiver of jury trial in criminal 
 
 action. 11 L.R.A. (N.S.) 1136. 
 Effect of consent of defendant in criminal 
 
 case to proceeding with less than twelve 
 
 jurors. 46 L.R.A. (N.S.) 38. 
 Right to waive absence of jurymen in 
 
 criminal case. 14 L.R.A. (N.S.) 862. 
 By defendant of separation of jury in capi- 
 tal ease. 24 L.R.A. (N.S.) 782. 
 Of presence of accused at time of receiving 
 
 verdict in misdeameanor case. 21 
 
 L.R.A. (N.S.) 56. 
 Right of accused to waive his presence at 
 
 time of receiving verdict on trial for 
 
 felony. 14 L.R.A. (N.S.) 603: 32 
 
 L.R.A. (N.S.) 306; L.R.A.1915D, 817. 
 Of irregularities in finding of indictment. 
 
 26 L.R.A.(N.S.) 688. 
 Of verification of information. 31 L.R.A. 
 
 (N.S.) 805. 
 Failure to demand trial as waiver of right 
 
 to speedy trial. 44 L.R.A. (N.S.) 871. 
 Of right to demand new trial because of 
 
 reading of newspaper account of trial 
 
 in criminal case. 46 L.R.A. (N.S.) 745. 
 
 8. Of forfeiture. 
 
 Of insurance policy, see INSURANCE, 
 
 132-144. 
 Of lease, see LANDLORD AND TENANT, 35. 
 
 Of forfeiture under provision in will for 
 forfeiture by contesting beneficiary. 68 
 L.R.A. 447. 
 
 Of right to forfeit deed for breach of con- 
 dition by suit for damages. 5 L.R.A. 
 (X.S.) 603. 
 
 9. Of lien. 
 
 What constitutes waiver, see infra, 12. 
 
 Of lien generally, see LIENS, 18-20. 
 
 Of chattel mortgage lien, see CHATTEL 
 MORTGAGE, 30, 31. 
 
 Of landlord's lien, see LANDLORD AND 
 TENANT, 90. 
 
 Of mechanics' lien, see MECHANICS' LIEN, 
 22. 
 
 Of junior lien by failure to assert same on 
 foreclosure, see MORTGAGE, 64. 
 
 Of vendor's lien, see VENDOR AND PURCHAS- 
 ER, 35. 
 
 Of innkeeper's lien. 21 L.R.A. 231. 
 
 Right of one advancing money for pur- 
 chase price of property to be subrogat- 
 ed to vendor's lien where vendor has 
 waived same. 37 L.R.A. (N.S.) 1212. 
 
 10. Of privilege. 
 
 Of privilege against admissibility of com- 
 munication, see EVIDENCE, 224, 226. 
 
 Of privilege from arrest or service of proc- 
 ess, see WRIT AND PROCESS, 37. 
 
 Of privilege as to communications as to 
 sanity or insanity. 39 L.R.A. 307. 
 
 Taking possession of building with knowl- 
 edge of defects as waiver thereof as 
 against contractor. 20 L.R.A. (N.S.) 
 872.
 
 1362 
 
 INDEX TO L.R.A. NOTES. 
 
 WAIVER cont'd 
 
 Delay in attempting to regain property ob- 
 tained under agreement to pay therefor 
 on delivery, as waiver of such condi- 
 tion. 11 L.R.A. (N.S.) 948: 23 L.R.A. 
 (N.8.) 824; L.R.A.1915D. .3.V>. 
 
 Acceptance of goods as waiver of damages 
 for delay in delivery. 54 L.R.A. "19; 
 7 L.R.A.(N.S.) 1114. 
 
 Acceptance of goods with knowledge of 
 breach of warranty as waiver of 
 breach. 35 L.R.A. (N.S.) 501. 
 
 Failure of vendee to inspect or test goods 
 as waiver of express warranty. 24 
 L.R.A.(N.S.) 235. 
 
 Use as waiver of right to rescind for breach 
 of warranty or noncompliance with con- 
 tract. 36 L.R.A. (N.S.) 467. 
 
 Effect of statement by indorser to holder 
 that party primarily liable cannot pay 
 as waiver of presentment to latter. 27 
 L.RJMN.S.) 516. 
 
 Pleading particular cause of injury as 
 waiver of right to relv on res ipsa 
 loquitur. 24 L.R.A. (N.S.) 788; L.R.A. 
 1915F, 992. 
 
 Of interest bv acceptance of principal sum. 
 40 L.R.A.(N.S.) 597. 
 
 Surrender of pledged property as waiver of 
 pledge. 39 L.R.A. (N.S.*) 886. 
 
 Recognition of return or of decree rendered 
 thereon as affecting liability for mak- 
 ing false return. 38 L.R.A. (N.S.) 292. 
 
 Selling or mortgaging chattel as waiver of 
 purchaser's right to return. 38 L.R.A. 
 (N.S.) 1035. 
 
 Of conversion of pledged property by in- 
 valid sale. 43 L.R.A. 760. 
 
 Acceptance of premises by lessee after con- 
 tract time, as waiver of damages for 
 lessor's failure to put him in posses- 
 sion. 9 L.R.A. (N.S.) 1131. 
 
 Acceptance of rent accruing after cause for 
 forfeiture, with knowledge of such 
 cause, as waiver of forfeiture. 11 
 L.R.A.(N.S.) 831. 
 
 Denial of tenancy as waiver of notice to 
 quit or of demand of possession. 25 
 L.R.A.(N.S.) 104. 
 
 Delay of landlord in enforcing forfeiture as 
 waiver of breach. 24 L.R.A. (N.S.) 
 .1063. 
 
 Waiver of condition in lease against as- 
 signment as waiver of condition as to 
 business to be carried on. 24 L.R.A. 
 (N.S.) 1067. 
 
 Of statutory provisions as to confidential 
 disclosures to phvsicians. 1 L.R.A. (N. 
 S.) 1068. 
 
 Of privilege as to confidential communica- 
 tions on first trial as affecting its exer- 
 cise on a second trial. 6 L.R.A. (N.S.) 
 1082. 
 
 Of privilege as to communication between 
 husband and wife by calling one spouse 
 as a witness for the other. 40 L.R.A. 
 (N.S.) 43. 
 
 Waiver of privilege of exemption of public 
 service corporation from regulation of 
 rates. L.R.A.1915C, 281. 
 
 WAIVER cont'd 
 
 11. AVhat constitutes. 
 
 Of privilege, see supra, S ]0. 
 
 By appearance, see APPEARANCE. 
 
 Inconsistent defenses as. 48 L.R.A. 203. 
 
 Failure to demand trial as waiver of right 
 to speedy trial. 44 L.R.A. (N.S.) 871. 
 
 Repudiation of contract of sale of personal 
 property on one ground as waiver of 
 other 'objections. 3 B. R. C. 591. 
 
 Waiver c{f statute of limitations by person- 
 al representative as to indebtedness of 
 the estate. L.R.A.1915B, 1044. 
 
 Waiver of right to interest in condemnation 
 proceedings. L.R.A.1916C, 1118. 
 
 Taking possession of building with knowl- 
 edge of defects as waiver thereof as 
 against contractor. L.R.A.1917C, 326. 
 
 12. of lien. 
 
 By attachment or execution. 50 L.R.A. 714. 
 Of chattel mortgage. 50 L.R.A. 7] 4: 
 24 L.R.A. (N.S.) 490; 51 L.R.A. 
 (N.S.) 1068. 
 
 Of junior lien by failure to assert it in 
 foreclosure proceedings. 68 L.R.A. 323. 
 
 Lienor joining in mortgage on property as 
 waiver of his lie'j. 35 L.R.A. (N.S.) 
 348. 
 
 Of lien of chattel mortgage by accepting pro- 
 ceeds of sale of property. L.R.A.1917A, 
 1262. 
 
 Waiver of attorney's lien by taking secur- 
 ity. 2 B. R. C. 58. 
 
 Recovering personal judgment against own- 
 er as waiver of mechanics' lien. 32 
 L.R.A. (N.S.) 1073. 
 
 13. Effect of. 
 
 Effect of waiver of general issue on right 
 to open and close. 61 L.R.A. 531. 
 
 Effect of waiver on locality of jurisdiction 
 of state court over foreign corporations. 
 70 L.R.A. 701. 
 
 Effect of waiver of past breach of condition 
 subsequent with respect to real proper- 
 ty to extinguish the condition. 11 
 L.RJMN.S.) 398. 
 
 Effect of waiver of defects in title by vendee 
 on his right to recover payments of pur- 
 chase money. L.R.A.1918B. 554. 
 
 Effect of consent of defendant in criminal 
 case to proceeding with less than twelve 
 jurors. 46 L.R.A'. (N.S.) 38. 
 
 Effect of waiver of statute of limitations In- 
 personal representative as to indebted- 
 ness of the estate. L.R.A. 1 91 5B, 1049. 
 
 WAKESHAV.. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 316. 
 
 Begin tcith this boo7e on every law question. 
 
 WALLS. 
 
 1. Generally. 
 
 Party walls, see PABTY WALLS.
 
 INDEX TO L.R.A. NOTES. 
 
 WALLS cont'd 
 
 Right of owner of upper floor to compel 
 
 maintenance of. 3 L.R.A. (X.S.) 510. 
 Employee's right of action for employer's 
 
 violation of building laws relating to. 
 
 9 L.R.A. (X.S.) 378. 
 
 2. Use of, for advertising. 
 
 Right of tenant to lease wall of huilding for 
 
 advertising purposes. 13 L.R.A. (N.S.) 
 
 587. 
 Tenant's right to use walls of building for 
 
 advertising purposes. 39 L.R.A. (N.S.) 
 
 350: L.R.A.1915B, 1057. 
 Right to use party wall for advertising 
 
 purposes. 16 L.R.A.(N.S.) 434. 
 
 3. Injury by fall of. 
 
 Duty as to maintenance and repair of retain- 
 ing wall. L.R.A.1917F, 683. 
 Individual liability for fall of. 34 L.R.A. 
 
 557. 
 Landlord's liabilitv as to condition of. 23 
 
 L.R.A. 157. 
 Landlord's duty as to side walls. 14 L.R.A. 
 
 241. 
 Doctrine of attractive nuisance as applied 
 
 to. L.R.A.1915D, 160. 
 Liability of land owner for fall of wall left 
 
 standing after fire. L.R.A.1915C, 704. 
 Proximate cause of injury by dangerous 
 
 walls left unprotected after fire. 20 
 
 L.R.A.(N.S.) 96. 
 
 WANTONNESS. 
 
 Frightening horse driven along highway 
 parallel to railroad or street railway 
 track. 33 L.R.A. (N.S.) 132. 
 
 May wantonness or wilfulness, precluding 
 defense of contributory negligence, be 
 predicated of the omission of a duty 
 before the discovery of a person in peril 
 on a railroad or street railway track. 
 21 L.R.A. (N.S.) 427. 
 
 TVanton negligence of railroad company 
 operating trains longitudinally along 
 public street. 49 L.R.A. (N.S.) 688. 
 
 WAR. 
 
 1. In general. 
 
 Army and navy, see ARMY AND NAVY. 
 
 Insurrection; see INSURRECTION. 
 Suspension of habeas corpus during, see 
 
 HABEAS CORPUS, 8. 
 Martial law, see MARTIAL LAW. 
 As to militia, see MILITIA. 
 As to prize and capture, see PRIZE AND 
 
 CAPTURK. 
 Secretary of War, see SECRETARY OF WAR. 
 
 Litigation arising out of Mexican revolu- 
 tion. L.B.A.1917A, 280; L.R.A.1918E, 
 361. 
 
 Subordination or suspension of state law 
 during war. L.R.A.1918F, 561. 
 
 Continuance of constitutional guaranties 
 during war or insurrection. 45 L.R.A. 
 (N.S.) 996. 
 
 Consult also L.R.A. Digests of Cases. 
 
 WAR cont'd 
 
 Internment of naturalized citizens. 7 B. 
 R. C. 772. 
 
 Decisions under the Espionage Act of June 
 15. 1917. L.R.A.1918F, 410. 
 
 Exclusion of seditious matter from the 
 mails under the Espionage Act. L.R.A. 
 1918C, 89. 
 
 Regulation of price of food as valid exer- 
 cise of the war power. 7 B. R. C. 663. 
 
 Duty of conquering state with respect to 
 obligations of conquered state. 5 B. 
 R. C. 906. 
 
 Effect of war on c. i. f. contracts. 7 B. R. 
 C. 956. 
 
 Liability of executor or trustee for loss of 
 funds through failure of bank due to 
 war. 14 L.R.A. 106. 
 
 Absence on account of, as nonresidence for 
 the purpose of attachment. 19 L.R.A. 
 665. 
 
 Power of military during, to arrest and 
 punish citizens in places where civil 
 courts are open. 65 L.R.A. 200. 
 
 Liability of insurer under policy of marine 
 insurance for losses arising out of 
 state of war. 5 B. R. C. 4. 
 
 Effect of carriage of contraband upon ma- 
 rine insurance. 5 B. R. C. 58. 
 
 War casualties as within accident insur- 
 ance. L.R.A.1918C, 130. 
 
 2. Alien enemies; belligerents. 
 
 Status of person who has devested himself 
 of national character without acquiring 
 a new one. 7 B. R. C. 887. 
 
 Commercial domicil as affecting national 
 character. 7 B. R. C. 835. 
 
 Status of corporation as alien enemy. 
 5 B. R. C. 333. 
 
 Right of alien enemy to vote as stock- 
 holder in domestic corporation. 7 B. 
 R. C. 827. 
 
 Alien enemies as litigants. L.R.A. 191 8B, 
 189; L.R.A.1918E, 809; 5 B. R. C. 583. 
 
 Effect of war on contracts with alien en- 
 emies. L.R.A.1917C, 662. 
 
 Lessee's liability for rent where govern- 
 mental prohibition of residence of alien 
 enemies in specified areas renders his 
 occupancy of the demised premises ille- 
 gal. 7 B. R. C. 814. 
 
 Trading with the enemy. 7 B. R. C. 923. 
 
 Marine insurance: validity of insurance on 
 property of enemv against seizure. 5 
 B. R. C. 836. 
 
 Recovery for goods sold to rebels. 15 L.R.A. 
 834. 
 
 Validity of contract made for purpose of 
 aiding and abetting public enemies. 12 
 L.R.A.(N.S.) 606. 
 
 Effect of war on partnership agreements, 
 and the rights of the parties thereto. 
 7 B. R. C. 618. 
 
 Exemption of alien enemies from provisions 
 of Selective Service Act of May 18, 
 1917. L.R.A.1918E, 1023. 
 
 WARD. 
 
 See GUARDIAN AND WARD.
 
 1364 
 
 INDEX TO L.R.A. NOTES. 
 
 WARDENS. 
 
 Liability of game warden. L.R.A.1918A, 
 
 839. 
 Injunctive relief affecting. 3 L.R.A. (N.S.) 
 
 861. 
 
 WAREHOUSE. 
 
 Sufficiency of delivery of freight to carrier 
 at. 32 L.R.A.(N.S.) 316. 
 
 What is, within meaning of workmen's com- 
 pensation act. L.R.A.1916A, 206; 
 L.R.A.1917D, 156. 
 
 Use of railroad right of way for purposes 
 of, as against owner of fee. 36 L.R.A. 
 (N.S.) 519. 
 
 Warehouse and their sites on railroad right 
 of way as separate subjects of taxa- 
 tion. L.R.A.191GE, 413. 
 
 Warehouse used exclusively for owner's 
 goods as subject to license tax. 39 
 L.R.A.(N.S.) 803. 
 
 WAREHOUSEMAN. 
 
 1. Generally. 
 
 Carrier as warehouseman, see CARRIERS, 
 
 90, 118. 
 Constitutionality of statutes as to, see 
 
 CONSTITUTIONAL LAW, 172. 
 
 As carrier. 21 L.R.A. (N.S.) 188. 
 
 Insurance upon property held by. 52 
 L.R.A. 341. 
 
 Speculation in commodities as within os- 
 tensible or implied authority of a part- 
 nership operating a warehouse. 27 
 L.R.A. (N.S.) 1015. 
 
 Rights of purchasers from warehouseman 
 to assert title as against owner. 25 
 L.R.A. (N.S.) 781. 
 
 Loss of profits as element of damages in 
 case of contracts of. 53 L.R.A. 65. 
 
 Liability of goods in hands of warehouse- 
 man to distress. 25 L.R.A. (N.S.) 795. 
 
 2. Regulation and control. 
 
 License of, see LICENSE, 44a. 
 
 3. rates and charges. 
 
 Legislative regulation of rates. 33 L.R.A. 
 178. 
 
 Business of storing grain as affected with a 
 public interest authorizing regulation 
 of rates and prices. 6 L.R.A. (N.S.) 
 836. 
 
 Power of equity to regulate charges of pub- 
 lic warehouseman. 24 L.R.A.(N.S.) 
 399. 
 
 4. Liability of. 
 
 Liability for fires, see FIBES, 5. 
 
 Warehouseman's bond. L.R.A.1918E, 235. 
 Liability of warehouseman for injury to 
 
 agricultural products by weevil. 2G 
 
 L.R.A.(N.S.) 1114. 
 
 WAREHOUSEMAN cont'd 
 
 Liability of warehouseman for goods dam- 
 aged or destroyed while stored in build- 
 ing other than that called for by con- 
 tract. 24 L.R.A.(N.S.) 1117. 
 
 Liability of, under special terms of con- 
 tract for care or return of subject of 
 bailment. L.R.A.1915B, 306. 
 
 Duty of warehouseman to protect goods- 
 against high water. L.R.A. 1915D, 726. 
 
 Effect of stipulation exempting warehouse- 
 man from loss by fire. 23 L.R.A. (N.S.) 
 1205. 
 
 Presumption and burden of proof as to care 
 or negligence in respect to subject of 
 bailment. 43 L.R.A. (N.S.) 1176. 
 
 Burden of proof as to negligence where 
 property is destroyed while in the pos- 
 session of a carrier holding as ware- 
 houseman. 22 L.R.A.(N.S.) 975. 
 
 5. Warehouse receipts. 
 
 Garnishment of debt evidenced by. L.R.A. 
 1918C, 752. 
 
 Effect as to warehousemen of recitals in 
 their receipts. 19 L.R.A. 302. 
 
 Issuance and delivery by warehouseman of 
 receipt for his own property as a con- 
 structive transfer of possession essen- 
 tial to a valid pledge. 16 L.R.A. (N.S.) 
 227; 30 L.R.A. (N.S.) 552; 52 L.R.A. 
 (N.S.) 754. 
 
 Intent as ingredient of offense by ware- 
 houseman selling goods for which he 
 has issued receipt. 27 L.R.A. (N.S.) 
 160. 
 
 Effect of putting warehouse receipts pay- 
 able to bearer into another's posses- 
 sion to estop owner as against pur- 
 chaser in good faith. 29 L.R.A.(N.S.) 
 257. 
 
 Burden of proof as to bona fides of trans- 
 feree of warehouse receipts for property 
 secured by fraud. 10 L.R.A. (N.S.) 801. 
 
 WAREHOUSE RECEIPTS. 
 
 See WAREHOUSEMEN, 5. 
 
 Begin with . t7iis Zoo7c on every law questioti. 
 
 WARNING. 
 
 1. Generally. 
 
 Master's duty as to, see MASTER AND SERV- 
 
 ANT, 72-78, 165. 
 Of approach of train, see RAILROADS, 57, 
 
 66-69. 
 
 Of obstructions in highway. 20 L.R.A. (N. 
 S.) 671. 
 
 Duty to warn those coming from private 
 property of dangerous condition of 
 street. 37 L.R.A. ( N.S. ) 360. 
 
 Caution against incrimination as necessary 
 to voluntariness of confession. 18 
 L.R.A. (N.S.) 824; 50 L.R.A. (N.S.) 
 1083.
 
 INDEX TO L.R.A. NOTES. 
 
 1365 
 
 WARNING cont'd 
 2. To passenger. 
 
 Liability for injury in alighting from mov- 
 ing train after warning. 21 L.R.A. 
 * 358; 22 L.R.A. (N.S.) 755; L.R.A.1915C, 
 186. 
 
 Negligence of passenger in getting on or 
 off moving street car against warning. 
 30 L.R.A.(N.S.) 276. 
 
 Duty of carrier to warn and wait for pas- 
 senger alighting temporarily at inter- 
 mediate point. 51 L.R.A.(N.S.) 902, 
 905. 
 
 WARRANT. 
 
 1. Generally. 
 
 Of commitment, see CRIMINAL LAW, 33. 
 
 Of attorney to confess judgment, see JUDG- 
 MENT, 6. 
 
 Distress warrant, see LANDLORD AND TEN- 
 ANT, 91, 92. 
 
 Search warrant, see SEARCH AND SEIZURE. 
 
 2. For payment of money. 
 
 County warrants, see COUNTY WARRANTS, 
 9-11. 
 
 Garnishment of debt evidenced by govern- 
 ment warrant. L.R.A.1918C, 752. 
 
 Are holders necessary parties to proceedings 
 to invalidate warrants of state, or mu- 
 nicipal corporations. 3 L.R.A. (N.S.) 
 256. 
 
 Effect of putting dock warrant indorsed in 
 blank into another's possession to estop 
 owner as against 'purchaser in good 
 faith. 29 L.R.A.(N.S.) 255. 
 
 Liability of government or other public 
 body for its own obligation stolen from 
 it. '39 L.R.A. (N.S.) 444. 
 
 Mandamus to compel issuance of municipal 
 warrant to pay indebtedness. L.R.A. 
 1916D, 325. 
 
 3. For arrest. 
 
 Arrest without, see ARREST, 3. 
 In extradition proceedings, see ARREST, 
 10. 
 
 Liability of judicial officer for issuing. 14 
 L.R.A. 142; 44 L.R.A. (N.S.) 164. 
 
 Exhibition of, at time of arrest. 42 L.R.A. 
 677. 
 
 Complaint or information based on infor- 
 mation and belief as basis for issuance 
 of warrant.. 10 L.R.A. (N.S.) 159; 25 
 L.R.A.(N.S.) 60. 
 
 f WARRANTY. 
 
 i 
 Of signature to commercial paper, see BILLS 
 
 AND NOTES, 9. 
 On transfer of negotiable paper, see BILLS 
 
 AND NOTES, 31, 32. 
 Covenant of, see COVENANT, 13, 31-33. 
 Damages for breach of, see DAMAGED, III. 
 
 b, 4. 
 
 By insured, see INSURANCE, 63-102. 
 On sale of chattel, see SALE, 26-38, 53- 
 
 59, 68. 
 
 On sale of expectancy by prospective heir. 
 33 L.R.A. 274. 
 
 On sale by mortgagee under a power in the 
 mortgage. 49 L.R.A. (N.S.) 514. 
 
 Of horse or vehicle kept for hire. 19 L.R.A. 
 283. 
 
 Warranty as inducement to copartner to 
 enter into a contract as a promise to 
 indemnify. 15 L.R.A. (N.S.) 1151. 
 
 Implied warranty of authority as basis of 
 action against one who, without au- 
 thority, assumed to contract as an- 
 other's agent. 34 L.R.A.(N.S.) 535. 
 
 WARRANTS OF ATTORNEY. 
 
 To confess judgment, see JUDGMENT. 6. 
 Power of attorney, see PRINCIPAL AND 
 
 AGEXT. 8-10*. 
 Consult nlsn L.R.A. Digests of 
 
 WASHOUT. 
 
 Liability of railroad company to employees 
 for injuries caused by defects in road- 
 bed caused or accompanied by a rain- 
 fall. 49 L.R.A. (N.S.) 198. 
 
 WASH ROOMS. 
 
 Statute requiring mine owner or operator 
 to furnish wash rooms or similar Con- 
 veniences for employees. L.R.A.1915B, 
 420. 
 
 WASTE. 
 
 1. Generally. 
 
 By tenant, see LANDLORD AND TENANT, 
 
 56. 
 
 Right of citizen or taxpayer to enjoin waste 
 of state funds. L.R.A.1915D, 178. 
 
 Rights of action in case of damages to re- 
 mainder or reversion by stranger. 
 L.R.A.1916A, 792. 
 
 By husband on land held by entireties. 30 
 L.R.A. 309. 
 
 Set-off for, on mortgage foreclosure. 21 
 L.R.A. 324. 
 
 Cutting of timber as waste which may be 
 enjoined. 43 L.R.A. (N.S.) 262. 
 
 Injunction against trespass to cut timber. 
 22 L.R.A. 233; L.R.A.1917C, 236. 
 
 Enjoining interference with fences or gates 
 as. 7 L.R.A. (N.S.) 86. 
 
 Liability for waste of oil or gas resulting 
 from acts done on neighboring prem- 
 ises. 48 L.R.A. (N.S.) 170. 
 
 Infecting premises with contagious disease 
 as waste. 30 L.R.A. (N.S.) 474.
 
 1366 
 
 INDEX TO L.R.A. NOTES. 
 
 WASTE cont'd I 
 
 Right to interest on damages recoverable I 
 
 WATER COMPANY. 
 
 for. 28 L.R.A.(X.S.) 82. 
 
 2. By life tenant. 
 
 Duty of life tenant to keep property in 
 
 repair. 33 L.R.A. (X.S.) 669. 
 Impeachment of life tenant for waste in 
 , cutting timber. 37 L.R.A.(X.S.) 772. 
 
 3. Of water. 
 
 Care necessary to avoid waste in diverting 
 water from stream under right of ap- 
 propriation. 15 L.R.A. (X.S.) 238. 
 
 Constitutionality of statutes to prevent 
 waste of subterranean water, natural 
 gas, or oil. 23 L.R.A.(N.S.) 436; 
 L.R.A.1918B, 134. 
 
 Right to complain of waste by prior ap- 
 propriator. L.R.A.1916B, 1014. ' 
 
 See WATERS, III. 
 
 WASTE MATERIAL. 
 
 Burning waste material, as a nuisance. 48 
 L.R.A.(X.S.) 244. 
 
 WASTE WATER. 
 
 Appropriation of. 6 L.R.A.(N.S.) 1104. 
 
 WATCHMAN. 
 
 1. Generally. 
 
 As public officer. 36 L.R.A.(X'.S) 882. 
 Private action for violation of ordinance 
 
 requiring watchmen on cars in motion. 
 
 5 L.R.A.(X.S.) 242. 
 For vessel; jurisdiction of admiralty over 
 
 contracts of. 66 L.R.A. 231. 
 Maritime lien for services of. 70 L.R.A. 
 
 386. 
 Liability of railroad company for injury 
 
 to, by passing trains. 48 L.R.A. (X.S.) 
 
 150. 
 Liability of master for the intentional 
 
 killing or injury of watchman by third 
 
 person. L.R.A.1917F, 753. 
 
 2. For Insured property. 
 
 Stipulation for, in insurance policy, see IN- 
 SURANCE, 77. 
 
 3. Employer's liability for acts of. 
 
 As fellow servants. 50 L.R.A. 457. 
 
 Liability of master for arrest or false im- 
 prisonment by servant employed as 
 watchman. 4 L.R.A.(X.S.) 282; 28 
 L.R.A.(X'.S.) 88; L.R.A.1916F, 1249. 
 
 WATER-CLOSETS. 
 
 Liability of landlord to third persons as 
 to condition of. 26 L.R.A. 201. 
 
 Municipal regulations of, as nuisance. 38 
 L.R.A. 316. 
 
 WATER COURSE. 
 
 See WATERS, II. 
 
 WATER CRAFT. 
 
 Where taxable, see TAXES, 49. 
 
 WATER FRONT. 
 
 Wharves at, see WHARVES. 
 Use of, see WATERS, 17. 
 
 WATER MAINS* 
 
 See WATER PIPES. 
 
 - *-- 
 
 WATER METERS. 
 
 See WATERS, 124. 
 
 WATER PIPES. 
 
 In street, see HIGHWAYS, 23. 
 In general, see WATERS, 112. 
 
 As an appurtenance. 15 L.R.A. 653. 
 Landlord's duty to tenant as to. L.R.A. 
 
 1917B, 225, 236, 244. 
 Landlord's liability to third persons as to 
 
 condition of. 26 L.R.A. 202. 
 
 WATER POWER. 
 
 Reservation of, see DEEDS, 25. 
 Condemnation of land for, see EMINENT 
 
 DOMAIN, 15. 
 Taking and use of water for, see WATERS, 
 
 28, 29. 
 Grant of, see WATERS, 99. 
 
 Situs of, for purposes of taxation. 
 1917F, 591. 
 
 L.R.A. 
 
 Begin trith this Ttooh on every law question. 
 
 WATER-PROOF. 
 
 Meaning of term "waterproof" employed in 
 contract, statute, or ordinance. L.R.A, 
 1918B, 826.
 
 INDEX TO L.R.A. NOTES. 
 
 1367 
 
 WATER PURVEYING. 
 
 Taking of property for, as a public purpose. 
 22 L.R.A.(N.S.) 156. 
 
 WATERS. 
 
 7. Public rights,- navigable ivaters, 
 1-23. 
 
 a. In general, 1, 2. 
 
 b. What ivaters are navigable, 
 
 3. 
 
 c. Jurisdiction over, 4-7. 
 
 d. State and Federal owner- 
 
 ship of waters, S. 
 
 e. Relative rights of public 
 
 and individuals, 9- 
 23. 
 
 1. In general, 9. 
 
 2. Right of access to water, 
 
 10, 11. 
 
 3. In bed and shores, 
 
 12-17. 
 
 4. RigJits of navigation, 
 
 18-21. 
 
 5. Accretions; islands, 
 
 22, 23. 
 
 II. Water rights and easements as 
 between individuals, 
 24-105. 
 
 a. In general, 24-29. 
 
 b. Riparian rights generally, 
 
 30-37. 
 
 c. Private streams generally; 
 
 what are water courses, 
 38, 38a. 
 
 d. Use of water generally, 
 
 39. 
 
 e. Change of course of 
 
 stream; accretions; allu- 
 vion; erosion; submer- 
 gence; islands; flats, 
 4O-45. 
 
 f. Embankment; obstruction; 
 
 overflow, 46-5O. 
 
 g. Diversion; deflection; pre- 
 
 cipitation from building, 
 
 51-54. 
 
 li. Pollution, 55-58. 
 i. Surface water, 59-67. 
 j. Hood u-ater, # 67a-7O. 
 fc. Seepage, 71. 
 1. Percolating; subterranean; 
 
 spring*; wells, 72-8O. 
 in. Lakes and ponds, 81- 
 
 85. 
 n. Appropriation, 86-91. 
 
 1. In general, 86-88. 
 
 2. Prior appropriation, 
 
 89-91. 
 
 o. Irrigation, 92-97. 
 p. Contract or grant, 98- 
 
 1OO. 
 q. Prescriptive rights, 1O1- 
 
 1O5. 
 III. Public u-ater suppltf. 1O6-124. 
 
 a. In general, 1O6-1O8. 
 
 b. Operation and regulation of 
 
 u-ateru-orh-s. 1O9-124. 
 Consult also L.R.A. Digests of Cases. 
 
 WATERS cont'd 
 
 As state boundary, see BOUNDARIES, 2, 
 2a. 
 
 Bridge over, see BRIDGES. 
 
 Custom and usage as to, see CUSTOM AND 
 USAGE, 9, 10. 
 
 Extent of recovery for injury to real prop- 
 erty by water, see DAMAGES, 77. 
 
 Boundary of municipality on, see MUNICI- 
 PAL CORPORATIONS, 10. 
 
 Liability for injury by, see NEGLIGENCE, 
 14. 
 
 As dangerous attraction to children, see 
 NEGLIGENCE, 23, 23a. 
 
 Parties plaintiff in actions affecting, see 
 PARTIES, 5. 
 
 Reasonableness of matters relating to, see 
 REASONABLENESS, 3. 
 
 Water pipes, see WATEB PIPES. 
 
 Dutv of agister to supply water. L.R.A. 
 
 1915E, 590. 
 Water as subject of larceny. L.R.A.1918C, 
 
 580. 
 
 I. Public rigJitj; navigable waters, 
 a. In general. 
 
 1. Generally. 
 
 As to canals, see CANALS. 
 
 Control of navigable waters under provi- 
 sions as to commerce, see COMMERCE, 
 3. 
 
 Rights of fishing in, see FISHERIES. 
 
 Right to extend highway into navigable 
 water. 15 L.R.A. (N.S.) 1170. 
 
 Does public easement in street terminating 
 at shore line follow recession of shore 
 line. 22 L.R.A. ( N.S. ) 593. 
 
 Injunction against hunting on navigable 
 waters or against interference there- 
 with. 17 L.R.A.(N.S.) 1236; 38 L.R.A. 
 (N.S.) 286. 
 
 Necessity of franchise for taking tolls on 
 waterway. 37 L.R.A. 715. 
 
 Claim against state for injuries arising on 
 water courses. 42 L.R.A. 65. 
 
 Liability for loss of life or property at ford. 
 46 L.R.A.(N.S.) 229. 
 
 Question relating to navigation as Federal 
 question. 62 L.R.A. 538. 
 
 2. Use of generally. 
 
 Driving, floating, or rafting logs, see LOGS 
 
 AND LOGGING, 4-10. 
 Right to use stream for floating logs, see 
 
 LOGS AND LOGGING, 5. 
 
 Navigable stream as a highway. 70 L.R.A. 
 
 272. 
 
 Tolls. 70 L.R.A. 273. 
 Private stream. 70 L.R.A. 274. 
 Priority of rights. 70 L.R.A. 275. 
 Kind of craft. 70 L.R.A. 277. 
 Exclusive use. 70 L.R.A. 277. 
 Public regulation. 70 L.R.A. 277. 
 Negligence. 70 L.R.A. 279. 
 
 b. What waters are navigable. 
 
 3. Generally. 
 
 General statement. 42 L.R.A. 305.
 
 1368 
 
 INDEX TO L.R.A. NOTES. 
 
 WATERS, I. b cont'd 
 
 The rule in England. 42 L.R.A. 305. 
 
 Chancellor Kent's doctrine. 42 L.R.A. 310. 
 
 Unsoundness of Chancellor Kent's doctrine. 
 42 L.R.A. 3] 5. 
 
 The true rule. 42 L.R.A. 316. 
 
 Navio-abic waters of the United States. 42 
 I..K.A. 325. 
 
 Waters held navigable or not navigable on 
 the facts. 42 L.R.A. 325. 
 
 Legislative meaning. 42 L.R.A. 327. 
 
 Practice questions. 42 L.R.A. 327. 
 
 Canal as navigable water. 22 L.R.A. (N.S.) 
 435. 
 
 What streams are navigable within mean- 
 ing of milldam acts. 16 L.R.A. (N.S.) 
 420. 
 
 o. Jurisdiction over. 
 
 4. Over sea. 
 
 Over oceans in general. 46 L.R.A. 204. 
 
 Over straits, channels, and narrow seas. 
 46 L.R.A. 266. 
 
 Over coast water. 46 L.R.A. 267. 
 
 Enforcement of law within 3-mile limit. 46 
 L.R.A. 272. 
 
 Conflict of law. 46 L.R.A. 273. 
 
 Inland water. 46 L.R.A. 275. 
 
 Jurisdiction as between nation and subdi- 
 vision thereof. 46 L.R.A. 277. 
 
 Jurisdiction as between subdivisions of na- 
 tion. 46 L.R.A. 280. 
 
 Jurisdiction of, and law governing, fiction 
 
 WATERS, I. cont'd 
 
 d. State and 
 
 Federal 
 waters. 
 
 ownei'&hip of 
 
 for death 
 1157. 
 
 on waters. L.R.A. 1U16A, 
 
 5. Over lakes. 
 
 Jurisdiction over Great Lakes. 46 L.R.A. 
 277. 
 
 Are lakes connected with interstate river 
 included within term "boundary" over 
 which states are given concurrent ju- 
 risdiction. 25 L.R.A. (N.S.) 64<t. 
 
 6. Over boundary rivers. 
 
 In general. 65 L.R.A. 953; 41 L.R.A. 
 (N.S.) 36G. 
 
 Right to exercise. 65 L.R.A. 053. 
 
 Equal rights on. 65 L.R.A. 959. 
 
 What rights are exclusive. 65 L.R.A. 961. 
 
 What concurrent jurisdiction includes. 65 
 L.R.A. 963; 41 L.R.A. (N.S.) 368. 
 
 Effect of change of channel. 65 L.R.A. 967. 
 
 Jurisdiction to determine the rights of pri- 
 vate parties in interstate streams. 19 
 L.R.A.(N.S.) 535. 
 
 Are sloughs, bays, or lakes connected with 
 a river forming a boundary between 
 states included within the term "bound- 
 ary," over which the states are given 
 concurrent jurisdiction. 25 L.R.A. 
 (N.S.) 649. 
 
 Jurisdiction as to taxation of bridge over 
 river forming boundary of state or its 
 divisions. 29 L.R.A. 69. 
 
 7. Over inland rivers. 
 
 Jurisdiction over inland rivers. 
 276, 
 
 46 L.R.A. 
 
 8. Generally. , 
 
 Generally. 50 L.R.A. 737. 
 
 Public rights limited. 50 L.R.A. 738. 
 
 Right to divert water in aid of navigation. 
 50 L.R.A. 740. 
 
 Illustrations of the limitations on the pow- 
 ers of the trustee. 50 L.R.A. 742. 
 
 Effect of constitutional or statutory asser- 
 tion of title to water. 50 L.R*A. 743. 
 
 Title as between state and United States. 
 
 50 L.R.A. 747. 
 
 I Jurisdiction over sea as between nation and 
 subdivision thereof. 46 L.R.A. 277. 
 
 Right as between state and Federal govern- 
 ment to improve navigability of stream. 
 67 L.R.A. 824. 
 
 Title to islands as between governments. 
 58 L.R.A. 073. 
 
 Right of state to forbid taking water out of 
 the state. 43 L.R.A. (N.S.) 240. 
 
 e. Relative rights of public and in- 
 dividuals. 
 
 1. In general. 
 
 9. Generally. 
 
 Rights as to fishing, see FISHERIES. 
 
 Right to remove lateral support by dredg- 
 ing water bed. 64 -L.R.A. 275. 
 
 Right as against public to dam back waters 
 of stream. 59 L.R.A. 847. 
 
 Public rights in artificial condition of body 
 of water. 50 L.R.A. 845. 
 
 Effect of constitutional provision asserting 
 title to navigable water upon vested 
 riparian rights. 6 .L.R.A. (N.S.) 257. 
 
 Right of public to bathe on the seashore. 
 8 L.R.A. (N.S.) 1047. 
 
 Right of public to use or divert water in 
 highway. 41 L.R.A. (N.S.) 1066. 
 
 Taxation of water power on interstate 
 stream. 18 L.R.A. (N.S.) 755. 
 
 Situs of mill site or water power for pur- 
 poses of taxation. L.R.A.1917F, 591. 
 
 Interference with pleasurable use of stream 
 as causing special damage or peculiar 
 injury which will sustain an action by 
 private individual for nuisance. 
 L.R.A.1917F, 208. 
 
 2. Right of access to water. 
 
 10. Public right. 
 
 Generally. 41 L.R.A. 268. 
 
 No right for fishing. 41 L.R.A. 268. 
 
 No right for general purposes. 41 L.R.A. 
 
 268. 
 
 11. Right of owner of upland. 
 
 Generally. 40 L.R.A. 593. 
 The English rule. 40 L.R.A. 593. 
 The rule in Ireland. 40 L.R.A. ,V.ir>. 
 The rule in Canada. 40 L.R.A. 595. 
 
 Begin with this booh on every law question.
 
 INDEX TO L.R.A. -NOTES. 
 
 1369 
 
 WATERS, I. e, 2 cont'd 
 
 General expressions favoring the 'right of 
 the shore owner in this country. 40 
 L.R.A. :>9(>. 
 
 The rule in .Massachusetts. 40 L.R.A. 598. 
 
 The cases holding the opposite rule. 40 
 L.R.A. 5!)i). 
 
 The rule of the Federal courts. 40 L.R.A. 
 602. 
 
 Other decisions which have denied the ri- 
 parian owner's right. 40 L.R.A. 603. 
 
 The effect of statutes. 40 L.R.A. 604. 
 
 Right as against private individual. 40 
 L.R.A. 604. 
 
 Estoppel by grant. 40 L.R.A. 605. 
 
 Special reasons for refusing relief. 40 
 L.R.A. 605. 
 
 Right as against improvement of naviga- 
 tion. 40 L.R.A. 605; 67 L.R.A. 842. 
 
 Right of action for interference with access. 
 22 L.R.A. (X.S.) 345; L.R.A.1918E, 
 738. 
 
 ACIV.SS cut off by railroad. 40 L.R.A. 604. 
 
 Measure of damages for cutting off access 
 of riparian owner to navigable waters. 
 ]5 L.R.A. 618. 
 
 Right to construct fish traps in front of ri- 
 parian property. L.R.A.1918A, 1076. 
 
 3. In bed and sJiores. 
 
 12. Right of way on shore. 
 
 civil-law rule. 4 L.R.A.(N.S.) 872. 
 Common-law rule. 4 L.R.A.(N.S.) 875. 
 As appurtenant to fishing right. 4 L.R.A. 
 
 (X.S.) 879. 
 Custom or prescription. 4 L.R.A. (N.S.) 
 
 880. 
 
 Grant. 4 L.R.A. (N.S.) 881. 
 Legislative power. 4 L.R.A. (N.S.) 881. 
 Street on shore. 4 L.R.A (N.S.) 881. 
 
 13. Title to land under water. 
 
 Ownership of beds of lakes and ponds, see 
 infra, 84. 
 
 Tide water. 42 L.R.A. 161. 
 
 Nontidal rivers. 42 L.R.A. 165. 
 
 Lakes. 42 L.R.A. 175. 
 
 Title to bed of navigable river. 1 L.R.A. 
 
 (N.S.) 762. 
 Federal grant of land under navigable water 
 
 in territories. 1 L.R.A. (N.S.) 745. 
 Government grant bounded by nontidal 
 
 navigable river as carrying title to 
 
 land thereunder. 24 L.R.A. (N.S.) 
 
 1240. 
 Right to lateral and subjacent support of 
 
 land under water. 68 L.R.A. 682. 
 
 14. Tide lands. 
 
 Of municipality, see MUNICIPAL CORPO- 
 RATIONS, 71. 
 
 Title to land under tide water. 42 L.R.A. 
 
 161. 
 Municipal ownership of tide lands. 64 
 
 L.R.A. 333. 
 How far tide lands within protection of 
 
 covenants in deed. 62 L.R.A. 763. 
 Location of mining claim on tide lands. 7 
 
 L.R.A. (N.S.) 790. 
 Consult also L.R.A. Digests of Cases. 
 
 WATERS, I. e, 3 cont'd 
 
 15. acquisition of; grant of. 
 
 Acquisition of tide land by right of eminent 
 domain. 66 L.R.A. 897. 
 
 Grant of land under tide water. 42 L.R.A. 
 363. 
 
 Right of state to grant tide land so as to 
 destroy wharfage right of shore owner. 
 63 L.R.A. 264. 
 
 Right of state to grant tide lands. 22 
 L.R.A.(X.S.) 337. 
 
 Grant of tide land to municipal corpo- 
 ration. 3 L.R.A.(N.S.) 822. 
 
 16. Title to land between high and 
 low water marks. 
 
 The rule in England. 45 L.R <L 227. 
 The rule in the United States. 45 L.R.A. 
 
 238. 
 Conflicting rights of owner and public. 45 
 
 L.R.A. 241. 
 
 What is shore. 45 L.R.A. 242. 
 Boundary of municipal corporations. 45 
 
 L.R.A. 243. 
 
 17. "Use of water front. 
 
 Rights with respect to wharves and docks, 
 see WHARVES. 
 
 1 
 
 Division of, between riparian owners. 21 
 L.R.A. 776; 25 L.R.A. (N.S.) 257; 
 L.R.A.1917B, 786. 
 
 4L. Rights of navigation. 
 
 17a. Generally. 
 
 Effect of admission of state into the Union 
 upon provision of ordinance of 1787 as 
 to. 52 L.R.A. (N.S.) 308. 
 
 18. Liability for injuries due to at- 
 tempted exercise of. 
 
 General rights of navigator. 64 L.R.A. 
 
 977. 
 Must not exceed capacity of stream. 64 
 
 L.R.A. 978. 
 
 Excessive speed. 64 L.R.A. 979. 
 Collision. 64 L.R.A. 979. 
 Mooring. 64 L.R.A. 981. 
 Injury to fishing rights. 64 L.R.A. 982. 
 Floating logs. 64 L.R.A. 983. 
 Injury to banks. 64 L.R.A. 986. 
 Contributory negligence. 64 L.R.A. 987. 
 
 19. Improvement of navigation. 
 
 Right of owner of upland to access to navi- 
 gable water as against improvement of. 
 40 L.R.A. 605. 
 
 Duty of municipality to improve stream 
 adopted as part of sewer system. 3 
 L.R. A. (N.S.) 1053. 
 
 Taking of property for, as a public pur- 
 pose. 22 L.R.A.(N.S.) ]53. 
 
 Right to compensation for damages to oys- 
 ter bed bv improvement of. 34 L.R.A. 
 (X.S.) 1084. 
 
 20. right to improve navigability. 
 
 Extent and limits of the right. 67 L.R.A. 
 820. 
 
 Right as between state and Federal govern- 
 ments. 67 L.R.A. 824.
 
 1370 
 
 INDEX TO L.R.A. NOTES. 
 
 WATERS I. e, 4 cont'd 
 Character of improvement. 67 L.R.A. 827. 
 Improvement companies. 67 L.R.A. 828. 
 Booming and sorting logs. 67 L.R.A. 839. 
 Interference with private rights. 67 L.R.A. 
 
 841. 
 Exercise of power of eminent domain. 67 
 
 L.R.A. 847. 
 Puhlic rights in improvement. 67 L.R.A. 
 
 848. 
 
 Use of surplus water. 67 L.R.A. 848. 
 Other matters. 67 L.R.A. 849. 
 Right to divert water in aid of navigation. 
 
 50 L.R.A. 740. 
 Right of government to divert water from 
 
 nontidal stream for navigation purposes 
 
 without compensation to riparian own- 
 
 er. 37 L.R.A.(X.S.) 308. 
 Legislative authority to dam water of 
 
 stream for improvement of navigation. 
 
 59 L.R.A. 826. 
 
 Right to obstruct or destroy wharf rights 
 without compensation for im- 
 provement of navigation. 34 
 L.R.A.(N.S.) 425. 
 
 21. Obstruction of navigation. 
 
 By bridge, see BBIDGES, 11. 
 
 Obstruction of navigation by running logs, 
 
 see LOGS AND LOGGING, 7. 
 Wharves as, see WHARVES, 6. 
 
 Extent of sovereign's right. 59 L.R.A. 33. 
 Injury by individual. 59 L.R.A. 5h 
 Powers and liabilities of municipality. 59 
 
 L.R.A. 77. 
 
 Prescriptive rights. 59 L.R.A. 79. 
 Right to object to obstruction. 59 L.R.A. 
 
 79. 
 Private right of action for obstruction of 
 
 navigable stream. 3 L.R.A. (X.S. ) 
 
 1126; 38 L.R.A. (X.S.) 763. 
 Right of one who navigates stream or floats 
 
 logs therein to abate nuisance arising 
 
 from bridge. 51 L.R.A. (X.S.) 1172. 
 Partial or immaterial obstruction. 59 
 
 L.R.A. 89. 
 
 Obstruction a nuisance. 59 L.R.A. 90. 
 Remedies. 59 L.R.A. 91. 
 Liability of owner for cost of removing ves- 
 
 sel sunk in harbor. 3 L.R.A. (X.S.) 
 
 1120. 
 Injunction against city as to nuisance af- 
 
 fecting docks and navigation. 23 
 
 L.R.A. 302. 
 Police regulation, so as to prevent obstruc- 
 
 tion of navigation by electric compa- 
 
 nies. 31 L.R.A. 799. 
 
 5. Accretions; islands. 
 
 22. Accretions. 
 
 Tenant's rights as to, see LANDLORD AND 
 TENANT, 53. 
 
 Change of channel as change of state bound- 
 ary. 39 L.R.A. (X.S.) 200. 
 
 Does public easement in street terminating 
 at shore line follow recession of shore 
 line. 22 L.R.A. (X.S.) 593. 
 
 WATERS, I. e, 5 cont'd 
 23. Title to islands. 
 
 As between state and subject. 58 L.R.A. 
 
 673. 
 How far island included in government 
 
 grants. 58 L.R.A. 675. 
 
 II. Water rights and easements as 
 between individuals. 
 
 a. In general. 
 
 24. Generally. 
 
 Abandonment of water rights, see ABANDON- 
 
 MENT. 4. 
 Defenses to action relating to water rights, 
 
 see ACTION OB SUIT. 14. 
 As boundary between individuals, see 
 
 BOUNDARIES, 6, 7. 
 Constitutionality of statutes as to, see 
 
 CONSTITUTIONAL LAW, 173. 
 Custom and usage as to, see CUSTOM AND 
 
 USAGE, 9. 
 Extent of recovery for injury to real prop- 
 
 erty by water, see DAMAGES, lOa, 77. 
 Measure of damages for injury to water 
 
 rights, see DAMAGES, 76-79. 
 As to drains and sewers, see DRAINS AND 
 
 SEWERS. 
 Water rights in highway, see HIGHWAY. 
 
 12. 
 
 Right as to ice, see ICE, 2. 
 Injunction as to water rights, see INJUNC- 
 
 TION, 30-33. 
 License as to waters and water rights, see 
 
 LICENSE, 4. 
 Xegligence of municipality as to, see 
 
 MUNICIPAL CORPORATIONS, 86-94. 
 Municipal liability for injuries in connec- 
 
 tion with water, see MUNICIPAL COR- 
 
 PORATIONS, 87-94. 
 Liability for injury by water constituting 
 
 attractive 
 23a. 
 
 nuisance, see XEGLIGENCE, 
 
 Begin irith this book on every law question. 
 
 Xegligence as to waters generally, see XKGLI- 
 
 GENCE, 29. 
 Liability for damage by escaping water, see 
 
 XEGLIGENCE, 29a. 
 
 Right to waterway as way of necessity 
 
 where other possible modes of access 
 
 exist. 17 L.R.A. (X.S.) 1022. 
 Reciprocal easement as to water rights. 17 
 
 L.R.A.(X.S.) 945. 
 Easement for use of water as appurtenant 
 
 or in gross. L.R.A.1918F, 447. 
 Creation of easement by severance of tract 
 
 on which natural water course exists. 
 
 26 L.R.A.(N.S.) 356; L.R.A.1915C, 
 
 351. 
 Existence of water right on land at time 
 
 of conveyance as breach of covenants. 
 
 36 L.R.A.(N.S.) 313; 51 L.R.A. (X.S.) 
 
 428. 
 Right to discharge water from mine* or 
 
 wells upon lower land. 42 L.R.A. 
 
 (N.S.) 714. 
 Jurisdiction to determine the rights of pri- 
 
 vate parties in interstate streams. 19 
 
 L.R.A. (X.S.) 535. 
 Is one a littoral owner whose property 
 
 abuts on highway, one line of which is 
 
 coterminous with the shore line of 
 
 navigable water. 22 L.R.A. (X.S.) 674.
 
 INDEX TO L.R.A. NOTES. 
 
 1371 
 
 WATERS, II. a cont'd 
 
 Right of one who pumps oil, gas, or water 
 on his premises to enjoin similar acts 
 by his neighbor. 30 L.R.A. (N.S.) 1057. 
 
 Discharging oil into stream or bay as prox- 
 imate cause of fire resulting there- 
 from. 30 L.R.A. (X.S.) 1210. 
 
 Federal courts following state decisions as 
 to water rights. 40 L.R.A. (N.S.) 417. 
 
 Question as to vested water rights as Fed- 
 eral question. 62 L.R.A. 537. 
 
 Does a water right used in connection with 
 land mortgaged prior to its acquire- 
 ment pass on foreclosure. 15 L.R.A. 
 (N.S.) 359. 
 
 Duty to serve public as affecting liability of 
 public utility for temporary interfer- 
 ference with water rights. L.R.A. 
 1915E, 294. 
 
 Treatment of water rights in public service 
 property valuations. 48 L.R.A. (N.S.) 
 1079. 
 
 Estoppel to assert water rights by deceiving 
 one acquiring title. 48 L.R.A. (N.S.) 
 762, 765. 
 
 Change in exercising right to take water 
 from another's premises. 43 L.R.A. 
 (N.S.) 824. 
 
 Right to waters of springs and streams on 
 railroad right of way aa between com- 
 pany and fee owner. 45 L.R.A.(N.S.) 
 804.' 
 
 25. Liability for acts of independent 
 contractors. 
 
 Employer's liability for negligence of inde- 
 pendent contractor in removal of 
 wrecks from navigable rivers. 65 
 L.R.A. 848. 
 
 Employer's liability for injury from inde- 
 pendent contractor's allowing materials 
 dredged from water to escape onto ad- 
 joining land. 65 L.R.A. 853. 
 
 Employer'? liability for injury from flood- 
 ing of lands through negligent drain- 
 age operations of independent contrac- 
 tor. 65 L.R.A. 853. 
 
 26. Facilitating evaporation. 
 
 Liability for facilitating evaporation from 
 stream. 59 L.R.A. 333. 
 
 27. Rights acquired in artificial con- 
 dition of body of water. 
 
 As to canals, see CANALS. 
 
 Generally. 50 L.R.A. 836. 
 
 Contract rights. 50 L.R.A. 836. 
 
 Artificial condition established by grant. 
 
 50 L.R.A. 837. 
 Application of doctrine of riparian rights. 
 
 50 L.R.A. 838. 
 
 Prescriptive rights. 50 L.R.A. 839. 
 Reciprocal rights. 50 L.R.A. 841. 
 Changing channels. 50 L.R.A. 844. 
 Public rights. 50 L.R.A. 845. 
 Creation of casements by severance of tract 
 
 on which artificial condition exists. 26 
 
 L.R.A. (N.S.) 35<i; L.R.A. 1915C. 351. 
 Consult also L.R.A. Digests of Cases. 
 
 WATERS, II. a cont'd 
 
 28. Taking and use for water power. 
 
 Taking under power of eminent domain, see 
 EMINENT DOMAIN, 15. 
 
 Right to use stream for power during night 
 as well as day. 7 L.R.A. (N.S. > 289. 
 
 May water company be required to furnish 
 water for power or manufacturing pur- 
 poses. 32 L.R.A. (N.S.) 805. 
 
 Taxation of water power on interstate 
 stream. 18 L.R.A.(N.S.) 755. 
 
 Situs of mill site or water power for pur- 
 poses of taxation. L.R.A.1917F, -591. 
 
 29. use of canals for. 
 
 Use of canals for water power. 61 L.R.A. 
 853. 
 
 6. Riparian rights generally. 
 
 30. Generally. 
 
 Rights as to dams, see DAMS. 
 Rights as to fishing, see FISHEBIES. 
 Rights as to ice, see ICE, 2. 
 
 Right of riparian owner to use stream for 
 sewer purposes. 41 L.R.A. 751. 
 
 Riparian rights on canal. 61 L.R.A. 877. 
 
 Power to condemn riparian rights apart 
 from land to which they are appurte- 
 nant. 17 L.R.A.(N.S.) 1005. 
 
 Maintenance of ejectment by riparian own- 
 er. 18 L.R.A. 786. 
 
 Effect of constitutional provision asserting 
 title to navigable water on vested ripa- 
 rian rights. 6 L.R.A.(N.S.) 257. 
 
 Right of action by owner of iipland for 
 interference with access to navigable 
 water. 22 L.R.A. (N.S.) 345. 
 
 Interference with pleasurable use of stream 
 as causing special damage or peculiar 
 injury which will sustain an action by 
 private individual for nuisance. L.R.A. 
 1917F, 208. 
 
 Interference by riparian owner with bridge. 
 39 L.R.A. (N.S.) 1213. 
 
 31. What is riparian land. 
 
 What is riparian land. 11 L.R.A. (N.S.) 
 1062. 
 
 Is one a riparian owner, whose property 
 abuts on a highway, one line of which 
 is coterminous with the shore line of 
 navigable water. 22 L.R.A. (N.S.) 674. 
 
 32. As to running of logs. 
 
 See LOGS AND LOGGING, 4-10. 
 
 33. Liability for injuries to riparian 
 owner by running logs. 
 
 See LOGS AND LOGGING, 8. 
 
 34. Correlative rights of upper and 
 lower proprietors generally. 
 
 General statement of the right. 41 L.R.A. 
 
 737. 
 
 Right to use. 41 L.R.A. 739. 
 Right to flow. 41 L.R.A. 743.
 
 1372 
 
 INDEX TO L.R.A. NOTES. 
 
 WATERS, II. b cont'd 
 
 Use for sewer. 41 L.R.A. 751. 
 
 Right to relief. 41 L.R.A. 754. 
 
 35. Division of rights. 
 
 Division of water between opposite riparian 
 
 owners. 20 L.R.A. 284. 
 
 The division of a water front, alluvion, ami 
 flats between adjoining riparian 
 owners. 21 L.R.A. 776; 25 L.R.A. 
 (N.S.) 257; L.R.A.1917B, 786. 
 Meander line, or water line, as basis for di- 
 . viding accretions. 12 L.R.A. (X.S.) 
 687. 
 
 36. Separation of riparian rights 
 
 from upland. 
 Generally. 40 L.R.A. 393. 
 Right of fishing. 40 L.R.A. 393. 
 Right of wharfage. 40 L.R.A. 393. 
 Mere riparian rights. 40 L.R.A. 393. 
 Cases merely recognizing the doctrine. 40 
 
 L.R.A. 394. 
 
 Adverse possession. 40 L.R.A. 394. 
 Partition. 40 L.R.A. 394. 
 Method of separation. 40 L.R.A. 394. 
 Separation of upland and accretion. 58 
 
 L.R.A. 208. 
 Separation of accretions from shore. 58 
 
 L.R.A. 210. 
 
 37. Loss of rights by nonuser. 
 
 Effect of nonuser on rights of prior appro- 
 priators of water. 30 L.R.A. 265. 
 
 Forfeiture of rights in stream by nonuser. 
 41 L.R.A. 758. 
 
 In water power. 67 L.R.A. 400. 
 
 c. Private streams generally; what are 
 water courses. 
 
 38. Private streams generally. 
 
 What are private streams. 3 L.R.A. 610.* 
 Private stream not public highway. 3 
 L.R.A. 406.* 
 
 38a. What are watercourses. 
 
 Surface water as distinguished from. 25 
 
 L.R.A. 527. 
 Surface water as source of. 6 L.R.A. (N.S.) 
 
 157. 
 Swales and ravines as water courses. 15 
 
 L.R.A. 630. 
 Distinguishing character of water course. 
 
 1 L.R.A. (N.S.) 756. 
 Conversion of artificial into natural water 
 
 course. 16 L.R.A. (N.S.) 280. 
 
 d. Use of 'water generally. 
 
 39. Generally. 
 
 Use of navigable water, see supra. 2. 
 Use of water front, see supra, 17. 
 Use for water power, see supra, 28. 
 
 Right to make use on nonriparian lands of 
 water rights incident to riparian lands. 
 22 L.R.A. (X.S.) 383; 49 L.R.A.(N.S. i 
 
 WATERS, II. d cont'd 
 
 Priority of rights in use of navigable 
 stream. 70 L.R.A. 275. 
 
 Right of railroad company as riparian own- 
 er to take water from stream for its 
 engines. 31 L.R.A. ( X.S. ) 543. 
 
 e. Change of course of stream ; accre- 
 tions; alluvion; erosion; submer- 
 gence; islands; flats. 
 
 40. Change of course of stream gen- 
 erally. 
 
 Correlative rights of upper and lower pro- 
 prietors as to. 41 L.R.A. 743. 
 
 Rights in water of stream as affected by 
 act of God or natural change of course. 
 30 L.R.A. 820. 
 
 Right of riparian owner to restore stream 
 which has changed its course by nat- 
 ural causes, to old channel. 33 L.R.A. 
 (N.S.) 804; L.R.A.1916F, 407. 
 
 Liability of municipality lor damages by 
 changing the channel or course of a 
 stream. 47 L.R.A. (N.S.) 440. 
 
 . 41. Accretions. 
 
 Effect on public rights, see supra. 22. 
 Tenant's rights as to, see LANDLORD AXI> 
 TE.XAXT, 53. 
 
 What constitutes. 58 L.R.A. 193. 
 
 Title to. 58 L.R.A. 199. 
 
 Basis of rule. 58 L.R.A. 206. 
 
 Effect of character of water. 58 L.R.A. 
 
 207. 
 Separation of upland and accretion. 5S 
 
 L.R.A. 208. 
 
 Interference with right. 58 L.R.A. 209. 
 Dower and leasehold. 58 L.R.A. 210. 
 Right to follow accretions across division 
 
 line previously submerged by the action 
 
 of the water. 51 L.R.A. 425. 
 Meander line or water line as basis for 
 
 division of. 12 L.R.A. (N.S.) 687. 
 Right to island attached to shore by. 6 
 
 L.R.A. (N.S.) 194. 
 
 42. Alluvion. 
 
 Division of, between adjoining riparian 
 
 owners. 21 L.R.A. 776: 25 L.R.A. 
 
 (N.S.) 257; L.R.A.1917B, 786. 
 
 43. Erosion or submergence. 
 
 Effect of sudden submergence upon title to 
 
 land. 38 L.R.A. 849. 
 Title to islands temporarily submerged. 35 
 
 L.R.A. (N.S.) 230. 
 Right to follow accretions across division 
 
 line previously submerged by action of 
 
 water. 51 L.R.A. 425. 
 Division, in absence of special agreement, of 
 
 water front, alluvion, and flats between 
 
 adjoining riparian owners. 25 L.R.A. 
 
 (N.S.) 257; L.R.A.1917B, 786. 
 
 44. Islands. 
 
 Generally. 12 L.R.A.' 367;* 58 L.R.A. 673; 
 
 .35 L.R.A. (N.S. i 227. 
 Title as between governments. ."S L.R.A. 
 
 073. 
 
 Begin with this boo7o on every laic question.
 
 INDEX TO L.R.A. NOTES. 
 
 1373 
 
 WATERS, II. e cont'd 
 
 As between state and subject. 58 L.R.A. 
 673. 
 
 As between opposite owners. 58 L.R.A. 674. 
 
 How far included in government grants. 
 58 L.R.A. 675. 
 
 Private grants. 58 L.R.A. 677. 
 
 Reformed islands. 58 L.R.A. 677. 
 
 Adverse possession. 58 L.R.A. 677. 
 
 Estoppel. 58 L.R.A. 678. 
 
 Where title to bed of river is in riparian 
 proprietor. 35 L.R.A.(N.S.,> 227. 
 
 Where title to bed of river is not in ripar- 
 ian owner. 35 L.R.A. (N.S.) 229. 
 
 Islands in great ponds. 35 L.R.A. (N.S) 230. 
 
 Island temporarilv submerged. 35 L.R.A. 
 (N.S.) 230. 
 
 As affecting riparian water rights. 26 
 L.R.A. 285. 
 
 Effect of, on division of rights between 
 opposite riparian owners. 26 L.R.A. 
 285. 
 
 Right to island attached to shore by accre- 
 tion. 6 L.R.A. (N.S.) 194. 
 
 45. Flats. 
 
 Ownership of flats or land below high water 
 
 mark. 16 L.R.A. 353. 
 Division of, between adjoining riparian 
 
 owners. 21 L.R.A. 776: 25 L.R.A. 
 
 (N.S.) 257; L.R.A.1917B, 786. 
 
 f. Embaitkment ; obstruction; overflow. 
 
 % 46. Generally. 
 
 Of surface water, see infra, 63. 
 
 Of subterranean water, see infra, 75. 
 
 Prescriptive right as to, see infra, 102. 
 
 Measure of damages for, see DAMAGES, 
 lOa, 77. 
 
 As to dams, generally, see DAMS. 
 
 License or easement to maintain dam. see 
 DAMS, 2. 
 
 Municipal liability for damage by obstruc- 
 tion or overflow of sewer, see MUNIC- 
 IPAL CORPORATIONS, 88. 
 
 Obstruction as nuisance, see NUISANCES, 
 2. 
 
 Ly railroad, see RAILROADS, 42. 
 
 Presumption as to authority of railroad to 
 commit nuisance by maintaining em- 
 bankments. 70 L.R'.A. 586. 
 
 For what purpose flowage of land may be 
 authorized by statute. 14 L.R.A. 487. 
 
 Right to prevent obstruction against pas- 
 sage of fish. 39 L.R.A. 587. 
 
 Injury to, in improving navigability of 
 stream. 67 L.R.A. 844. 
 
 Duty of municij ality to keep stream free 
 'from obstruction. 3 L.R.A. (N.S.) 1053. 
 
 Duty of riparian proprietor whose rights 
 are interfered with, or one whose prop- 
 erty is flooded because of the obstruc- 
 tion of a natural water course, to min- 
 imize the damages. 22 L.R.A. (N.S.) 
 684. 
 
 When does statute of limitations commence 
 to run against action for damages for 
 flooding of land caused by the digging 
 of a ditch or drain. 20 ' L.R.A. (X.S.) 
 894; 25 L.R.A. (N.S.) 645. 
 
 Consult also L.R.A. Digests of Cases. 
 
 WATERS, II. f cont'd 
 47. Liability for. 
 
 [Surface water, see infra, 63. 
 Liability for injury by flood water due to, 
 see infra, 69. 
 
 Casting water upon opposite bank by rais- 
 ing bank of a stream, as a taking or 
 damaging of property within constitu- 
 tional provisions. 48* L.R.A. (N.S.) 994 
 
 Right of riparian owner to remove tem- 
 porary obstruction in stream to the 
 damage of other riparian property. 49 
 L.R.A. (N.S.) 711. 
 
 Liability for causing discharge of perco- 
 lating or underground water into an- 
 other's premises. L.R.A.1915D, 1080. 
 
 Interfering with flow of stream; effect of 
 bad motive. 62 L.R.A. 687. 
 
 Liability for obstruction by structure or 
 material washed downstream. L.R.A. 
 1918B, 182. 
 
 Injury from flooding by improving naviga- 
 bility of stream. 67 L.R.A. 845. 
 
 Liability to riparian owner for flooding 
 lands for purpose of running logs in 
 stream. 41 L.R.A. 496. 
 
 Municipal liability for injury by em- 
 bankment in street. 20' L*R.A.*(X.S.) 
 626. 
 
 Municipal liability for obstruction of 
 swales. 65 L.R.A. 269. 
 
 Municipal liability for overflow of stream 
 used by it as a sewer. 3 L.R.A. (N.S.) 
 1053. 
 
 Liabilitv of drainage district for flooding 
 land. 19 L.R.A.(N.S.) 991. 
 
 Employer's nonliability for torts of in- 
 dependent contractor in construction 
 of. 65 L.R.A. 647. 
 
 Employer's liability for injury from flood- 
 ing of lands through negligent drain- 
 age operation of independent con- 
 tractors. 65 L.R.A. 853. 
 
 Character of liability of several persons 
 whose independent wrongs contribute 
 to enhance injury by. 40 L.R.A. (N.S.) 
 106. . 
 
 48. for damming back water of 
 stream. 
 
 Liability for injury by flood water, due to, 
 
 see infra, 69. 
 Liability as to dams, see DAMS, 3. 
 
 Right to dam back. 59 L.R.A. 817. 
 \Vho are liable. 59 L.R.A. 853. 
 What is obstruction. 59 L.R.A. 862. 
 Effect of character of stream. 59 L.R.A. 
 
 875 
 
 Effect of flood. 59 L.R.A. 876. 
 Character of injury. 59 L.R.A. 878. 
 Remedy. 59 L.R.A. 879. 
 Who may sue. 59 L.R.A. 898. 
 Defenses. 59 L.R.A. 904. 
 Liability for damming back water of stream 
 
 by bridge. 28 L.R.A. (N.S.) 156. 
 
 49. Protection against. 
 
 Disposal of waters brought in unnatural 
 quantities upon property. 27 L.R.A. 
 294.
 
 1374 
 
 INDEX TO L.R.A. NOTES. 
 
 WATERS, II. f confd 
 
 Right to embank against water turned out 
 
 of stream. G L.R.A.(N.S.) 136. 
 Right of riparian owner to protect the shore 
 
 from encroachment of water. 6 L.R.A. 
 
 (N.S.) 162. 
 Right to deepen natural channel or drain 
 
 as protection against overflow. L.R.A. 
 
 1917C, 1027. 
 
 50. Remedy for. 
 
 Remedy by injunction, see INJUNCTION, 
 32. 
 
 For damming back water of stream. 59 
 
 L.R.A. 879. 
 Injunction to restrain obstruction of 
 
 stream. 59 L.R.A. 881. 
 Mandatory injunction as to obstruction of 
 
 water courses. 20 L.R.A. 164. 
 
 g. Diversion; deflection; precipitation 
 from building. 
 
 51. Diversion. 
 
 Of surface water, see infra, 64. 
 
 Of flood water, see infra, 70. 
 
 Of subterranean water, see infra, 76. 
 
 For irrigation purposes, see infra, 95. 
 
 Injunction against, see INJUNCTION, 32. 
 
 By railroad, see RAILROADS, 42. 
 
 -Mandatory injunction as to diversion of 
 water courses. 20 L.R.A. 164. 
 
 Liability for overflow from artificial chan- 
 nel by which a stream is diverted from 
 its natural channel. 36 L.R.A. (N.S.) 
 1158; L.R.A.1916F. 1291. 
 
 Correlative rights of upper and lower pro- 
 prietors as to. 41 L.R.A. 744. 
 
 Duty as to protection of banks of changed 
 watercourse. L.R.A.191CF, 1302. 
 
 52. by government. 
 
 Right of state or United States to divert 
 water in aid of navigation. 50 L.R.A. 
 740. 
 
 Right of government to divert water from 
 nontidal stream without compen- 
 
 sation to riparian 
 L.R.A. (N.S.) 307. 
 
 37 
 
 53. Deflection. 
 
 Right of upper proprietor to deflect water 
 in stream to the injury of lower pro- 
 prietors. 7 L.R.A.(N.S.) 344. 
 
 Injury to riparian property by deflection 
 of water by structure erected under 
 statutory authoritv as a taking. 38 
 L.R.A.(N.S.) 1040/ 
 
 54. Precipitation from building. 
 
 Right to discharge from roof upon premises 
 of adjoining owner. L.R.A.191GA, 003. 
 Liability for injury from water precipitated 
 
 upon adjoining property. 
 (N.S.) 1172. 
 
 h. Pollution. 
 
 36 L.R.A. 
 
 55. Generally. 
 
 Of surface water, see infra, 66. 
 
 Of subterranean water, see infra, 77. 
 
 WATERS, II. h cont'd 
 Of well, see infra, 80. 
 Of municipal water supply, see infra, 113. 
 Prescriptive rights as to, see infra, 103. 
 Measure of damages for, see DAMAGES, 79. 
 Estoppel as to, see ESTOPPEL, 23. 
 Injunction against, see INJUNCTION, 33. 
 Municipal liability for, see MUNICIPAL COR- 
 PORATIONS, 89. 
 
 Right of pollution as against lower pro- 
 prietor. 41 L.R.A. 751. 
 
 Pollution of water, course by stock. 26 
 L.R.A.(N.S.) 222. 
 
 Statutory prohibition of pollution of water 
 to protect fishery. 1 L.R.A. (N.S.) 752; 
 34 L.R.A. (N.S.) 286. 
 
 Injury to fishing right as damages from 
 pollution. 33 L.R.A. (N.S. i 74. 
 
 Discharging matter into stream causing 
 pollution of ice. L.R.A.1915E, 1210. 
 
 Effect of plaintiff's contributory act on right 
 to recover damages for pollution of 
 stream. 6 L.R.A. (N.S.; 1111. 
 
 56. By several persons. 
 
 Liability in damages of one of several pol- 
 luters of a stream. 24 L.R.A. i N.S.) 
 1185. 
 
 Character of liability of several persons 
 whose independent wrongs contribute 
 to enhance injury by. 10 L.R.A. (N.S.) 
 167; 40 L.R.A.(N.S.) 106. 
 
 Joinder of parties in suit to restrain pol- 
 lution of water course. 6 L.R.A. (N.S.) 
 1149. 
 
 57. As nuisance. 
 
 Municipal control over, see MUNICIPAL 
 CORPORATIONS, 28, 36. 
 
 Nuisance as to waters generally, see NUI- 
 SANCES, 2. 
 
 As a nuisance to fishery. 39 L.R.A. 589. 
 Injurv to fishing rights as damages from- 
 
 pollution. 33 L.R.A. ( N.S. \ 74. 
 Fouling of streams by gas plant as a 
 
 nuisance. 20 L.R.A. (N.S.) 468. 
 Railroad causing pollution as a nuisance. 
 
 32 L.R.A.(N.S.) 376. 
 Right of municipality to create nuisance at 
 
 point where its sewers discharge. 
 L.R.A. (N.S.) 137. 
 
 47 
 
 Begin with this book on every law question. 
 
 58. For mining purposes or by min- 
 ing operations. 
 
 In general. 24 L.R.A. 64: 22 L.R.A. (N.S.) 
 
 276; 38 L.R.A. (N.S.) 272: L.R.A. 
 
 1915D, 911. 
 
 Caring for tailings. 24 L.R.A. 64. 
 Mine and mine mill refuse. 22 L.R.A. 
 
 (N.S.) 278. 
 Water from mines. 24 L.R.A. 65: 22 L.R.A. 
 
 (N.S.) 280. 
 
 Oil well refuse. 22 L.R.A. (N.S.) 280. 
 Effect of prior appropriation. 22 L.R.A. 
 
 (N.S.) 281. 
 Contractual or prescriptive right to pollute 
 
 streams. 22 L.R.A. (N.S.) 281. 
 Refusal of injunction. 24 L.R.A. 66. 
 Estoppel to question pollution. 24 L.R.A. 
 
 66: 22 L.R.A.(N.S.) 282. 
 Who liable; joint tort feasors. 24 L.R.A. 
 
 66; 22 L.R.A.(N.S.) 282.
 
 INDEX TO L.R.A. NOTES. 
 
 1375 
 
 WATERS, II. h oonftl 
 
 Injunetive relief dependent on compara- 
 tive injury. 22 L.R.A. (N.S.) 283. 
 Prior appropriation. 24 L.R.A. 66. 
 
 t. Stiff ace water. 
 
 59. Generally. 
 
 Measure of damages for injury by, see 
 
 DAMAGES, 10a, 77. 
 Power of municipality over, see MUNICIPAL 
 
 CORPORATIONS, ' 30-32. 
 Municipal liability as to surface waters, 
 
 see MUNICIPAL CORPORATIONS, 91, 
 
 92. 
 
 As source of water course. 6 L.R.A. (N.S.) 
 157. 
 
 60. What is surface water. 
 
 Distinguished from water course. 25 L.R.A. 
 
 527. 
 Distinguished from basins or marshes. 25 
 
 L.R.A. 529. 
 
 Definition of surface water. 25 L.R.A. 529. 
 A question for the jury. 25 L.R.A. 529. 
 Water overflowing river banks. 25 L.R.A. 
 
 529. 
 
 61. Right to flow of surface water. 
 
 The two rules. 21 L.R.A. 593. 
 The upper proprietor not bound to permit 
 the water to flow to the lower estate. 
 21 L.R.A. 594. 
 Right to collect or divert water in masses. 
 
 21 L.R.A. 595. 
 The correlative rights as to the obstruction 
 
 of the natural flow. 21 L.R.A. 
 
 598. 
 Duty to care for water where it falls. 21 
 
 'L.R.A. 604. 
 
 Draining ponds. 21 L.R.A. 605. 
 
 Casting water into natural streams. 21 
 
 L.R.A. 606. 
 Histrueting water flowing in a body. 21 
 
 L.R.A. 607. 
 
 Prescriptive rights. 2.1 L.R.A. 607. 
 Fixing servitudes before subdivision of 
 
 tracts. 21 L.R.A. 607. 
 The maxim, Sic utere tuo, etc. 21 L.R.A. 
 
 607. 
 
 62. Right to drain. 
 
 As to drains and sewers generally, see 
 DRAINS ANO SEWERS. 
 
 Right to dnin surface water into water 
 . course. 24 L.R.A. (N.S.) 903. 
 
 Liability for injury to higher property by 
 hastening drainage from lower land. 
 ti L.H.A.(X~.S.) 146. 
 
 Effect of incurring expense upon parol li- 
 ct'iise to drain water onto one's prop- 
 erty. 6 L.}.A.(N.S.) 154. 
 
 Liability for reopening or cleaning out 
 drain or mtural water way after body 
 of surface water has accumulated. 40 
 L.R.A.(N.S.) 160. 
 
 Right to deeper natural channel or drain as 
 protection against overflow. L.R.A. 
 1917C. 1027. 
 
 Consult also ^.R.A. Digests of Cases. 
 
 WATERS, II. i cont'd 
 63. Obstruction of. 
 
 Measure of damages for, see DAMAGES, 77. 
 
 Correlative rights as to obstruction of na- 
 tural flow. 21 L.R.A. 598. 
 
 Obstruction of surface water in city. 20 
 L.R.A.(X.S.) 155; 43 L.R.A. (N.S*) 792. 
 
 Obstructing surface water flowing in a 
 body. 21 L.R.A. 607. 
 
 Presumption as to statutory authority to 
 commit nuisance by obstruction of sur- 
 face water. 70 L.R.A. 586. 
 
 Right of owner of lower tenement as against 
 the rights of the upper landowner to 
 obstruct surface water in a -natural 
 drainage channel. 22 L.R.A. (N.S.) 
 789; L.R.A.1917A, 517. 
 
 Liability of railroad for conducting surface 
 water through its embankment and on- 
 to the property of an adjoining owuer. 
 12 L.R.A. (N.S.) 680. 
 
 Obstruction of surface water as element of 
 damages in eminent domain proceedings 
 for a railroad right of way. 13 L.R.A. 
 (N.S.) 237. 
 
 When does statute of limitations begin to 
 run against action for damages for 
 flooding of land caused by obstructing 
 surface water. 20 L.R.A.(N.S.) 886; 
 2c L.R.A.(N.S.) 645. 
 
 64. Diversion. 
 
 Right to divert in masses. 21 L.R.A. 595. 
 
 65. Acceleration of flow. 
 
 Right to accelerate flow. 21 L.R.A. 595. 
 
 Right to hasten flow of surface water along 
 natural drain ways. 19 L.R.A. (N.S.) 
 167; L.R.A.1916F, 427. 
 
 Of flow of surface water, municipal lia- 
 bility for. 65 L.R.A. 265. 
 
 66. Pollution of. 
 
 Municipal liability for pollution of surface 
 water. 65 L.R.A. 273. 
 
 67. Failure to protect against. 
 
 Failure to protect property against surface 
 water wrongfully or negligently 
 collected or diverted by another as 
 contributory negligence. 33 L.R.A. 
 (N.S.) 369. 
 
 j. Flood tvater. 
 
 67a. Generally. 
 
 As surface water. 25 L.R.A. 531. 
 
 68. Right to confine. 
 
 Liability of municipality for confining flood 
 water within banks of stream to injury 
 of riparian owner. 26 L.R.A. (N.S.) 
 199. 
 
 Right of riparian owner, as against other 
 riparian owners, to confine flood water 
 within banks of stream. 24 L.R.A. 
 (N.S.) 214.
 
 1.-J76 
 
 IXDEX TO L.R.A. NOTES. 
 
 WATERS, II. j cont'd 
 
 G9. Liability for injury by. 
 
 Liability of one damming back water of 
 
 stream for injury by flood. 59 L.R.A. 
 
 876. 
 Extraordinary floods which one obstructing 
 
 water course need not anticipate. 6 
 
 L.R.A.(N.S.) 252. 
 Character of liability of several persons 
 
 whose independent wrongs contribute 
 
 to enhance injury by floods. 40 L.R.A. 
 
 (N.S.) 106. 
 
 70. Diversion. 
 
 Right of riparian owner to prevent diver- 
 sion of flood water. 22 L.R.A.(X.S.) 
 391. 
 
 fc. Seepage. 
 
 71. Generally. 
 
 When limitations begin to run against ac- 
 tion for damages by seepage from 
 ditch or canal. 23 L.R.A.(X.S.) 795. 
 
 Liability of municipal corporation for dam- 
 age to abutting property by water per- 
 colating through soil of highway by 
 reason of defect therein. 22 L.R.A. 
 (N.S.) 333. 
 
 I. Percolating; subterranean; springs; 
 wells. 
 
 % 72. Generally. 
 
 Seepage, see supra, 71. 
 
 Appropriation of percolating waters on pub- 
 lic lands. 30 L.R.A. 186; 2 L.R.A. 
 (X.S.) 76. 
 
 Reasonableness of use of percolating water. 
 6 L.RJMX.S.) 266. 
 
 Constitutionality of statutes to prevent 
 waste of subterranean water. 23 L.R.A. 
 (N.S.) 436; L.R.A.1918B, 134. 
 
 Liability for damages to neighboring gas or 
 oil well by percolation of water. 48 
 L.R.A.(N.S.) 168. 
 
 Liability for causing discharge of perco- 
 lating or underground water into an- 
 other's premises. L.R.A.1915D. 1080. 
 
 Bad motive as affecting liability for in- 
 terference with. 62 L.R.A. 688. 
 
 Character of water flowing underground in 
 a defined but unknown channel. 2 
 B. R. C. 991. 
 
 WATERS. II. 1 confd 
 
 Correlative rights in percolating water. 10 
 
 L.R.A. 92: 64 L.R.A. 236; 17 L.R.A. 
 
 I X.S. i ii.-,i| : _>.<} L.R.A. (X.S.) 331: 25 
 
 L.R.A. (X.S.) 465: 37 L.R.A. (X.S.) 
 
 193; L.R.A.1915D. 1080. 
 Right of municipal corporation in respect 
 
 of percolating waters. L.R.A. 1917F, 
 
 691. 
 
 74. effect of grant on. 
 
 In general. 19 L.R.A. 99; 17 L.R.A. (X.S.) 
 648. 
 
 75. Obstruction. 
 
 Mandatory injunction as to. 20 L.R.A. 104. 
 
 76. Diversion of. 
 
 Mandatory injunction as to. 20 L.R.A. 
 
 164. 
 Remedy for diverting percolating water. 
 
 6 L.R.A.(N.S.) 1099. 
 
 77. Pollution of. 
 
 Underground pollution of water. 34 L.R.A. 
 
 (X.S.) 48. 
 Fouling subterranean water. 19 L.R.A. 95. 
 
 78. Springs. 
 
 Right to water of new spring. 30 L.R.A. 
 (N.S.) 1158. 
 
 79. Wells. 
 
 Right to discharge from, on lower land. 42 
 L.R.A.(X.S.) 714. 
 
 Mechanics' lien for sinking. 6 L.R.A. (X.S.) 
 550; 43 L.R.A. (X.S.) 559. 
 
 Construction of contract to dig a well as to 
 the quantity or quality of water fur- 
 nished thereby. L.R.A*.1918A, 1085. 
 
 Landlord's liability for injuries from de- 
 fective condition of. 4 L.R.A. (X.S.) 
 1142. 
 
 Right to pump up water where the result is 
 to carry away another's mineral in so- 
 lution. 5 B. R. C. 254. 
 
 80. pollution of. 
 
 Fouling of, by gas plant as a nuisance. 20 
 L.R.A.(X.S.) 468. 
 
 m. Lakes and ponds. 
 
 81. Generally. 
 
 Jurisdiction over, see supra, 5. 
 
 41 L.R.A. 
 
 73. Rights in subterranean waters. Public right of access to ponds. 
 
 Generally. 19 L.R.A. 92. 269. 
 
 Intercepting water by mining operations. Raising lakes and ponds by damming back 
 
 39 L.R.A. 93. 
 
 The effect of malice. 19 L.R.A. 94. 
 
 Prescriptive rights. 19 L.R.A. 94. 
 
 Intercepting water by public improvements. 
 19 L.R.A. 94. 
 
 Fouling subterranean water. 19 L.R.A. 95. 
 
 Subterranean stream. 19 L.R.A. 97. 
 
 Presumption as to character of water. 19 
 L.R.A. 98. 
 
 Drawing water by percolation from a sur- 
 face stream. " 19 L.R.A. 98. 
 
 Begin \cith this book on every law question. 
 
 water of stream. 59 LR.A. 820. 
 
 Draining ponds. 21 L.R.A. 605. 
 
 Right to hasten flow of water from ponds. 
 19 L.R.A. (X.S.) 169: LK.A.1916F. 429. 
 
 Right to consider value of p-operty as part 
 of natural water power in fixing com- 
 pensation for taking land for. 3 
 L.R.A.(N.S.) 912. 
 
 Doctrine of "attractive nusance'' as ap- 
 plied to ponds. 19 L.RA.(X.S.) 1143; 
 47 L.R.A.(X.S.) 1101.
 
 INDEX TO L.R.A. JNOTES. 
 
 1377 
 
 WATERS, II. m cont'd 
 
 82. Rights in generally. 
 
 Division of rights between riparian owners, 
 see supra, 35. 
 
 Pond as an appurtenance to mill. 58 L.R.A. 
 
 489. 
 Public right of fishing in bays of Great 
 
 Lakes. L.R.A.1918A, 1147. 
 
 8. Boundary on. 
 
 Lakes as boundaries between states, see 
 BOUNDARIES, 2a. 
 
 Boundary on. 51 L.R.A. 179. 
 
 84. Ownership of beds of. 
 
 Division of rights between riparian owners, 
 see supra, 35. 
 
 In general. 18 L.R.A. 695; 42 L.R.A. 175; 
 
 L.R.A.1916C, 150. 
 Small lakes and ponds. 18 L.R.A. 695; 
 
 L.R.A. 695; L.R.A.1916C, 151. 
 Great Lakes. L.R.A.1916C, 150. 
 Derelict and accretions. 18 L.R.A. 698. 
 Artificial ponds. 18 L.R.A. 698; L.R.A. 
 
 1916C, 160. 
 
 Title to land under lakes. 42 L.R.A. 175. 
 Title to islands in great ponds. 35 L.R.A. 
 
 (N.S.) 230. 
 Ownership prior to changed conditions. 
 
 L.R.A.1916C, 160. 
 
 85. Fishing in. 
 
 Right to fish in. 60 L.R.A. 512. 
 Jlight to free fishing in great ponds. 31 
 L.R.A.(N.S.) 434. 
 
 n. Appropriation. 
 1. in general. 
 
 86. Generally. 
 
 Periodical appropriation. 46 L.R.A. 175. 
 
 Appropriation of percolating waters on pub- 
 lic lands. 30 L.R.A. 186; 21 L.R.A. 
 (X.s.) 76. 
 
 Appropriation of waste water not in chan- 
 nel. 6 L.R.A.(N.S.) 1104. 
 
 Correlative rights of upper and lower pro- 
 prietors as to. 41 L.R.A. 743. 
 
 Hight to store appropriated water. 46 
 L.R.A. 322; 17 L.R.A. (N.S.) 329. 
 
 Use of natural stream to convey appro- 
 priated water. 51 L.R.A. 930. 
 
 Right of appropriator of water to use of 
 current of stream. 41 L.R.A. (N.S.) 
 101. 
 
 Right of appropriator to enter upon the 
 land of an upper proprietor to clean 
 out ditch. 43 L.R.A. 130. 
 
 Right of appropriator of water for distribu- 
 tion to public to grant exclusive or 
 preferential rights to individual. 29 
 L.R.A.(N.S.) 213. 
 
 Care necessary to avoid waste in diverting 
 water from stream under right of ap- 
 propriation. 15 L.R.A. (N.S.) 238. 
 
 Rights, as against other appropriators, of 
 one who adds water to natural flow of 
 stream. 23 L.R.A. (N.S.) 1065. 
 
 Liability for withdrawing water from reser- 
 voir. 62 L.R.A. 579. 
 
 Consult also L.R.A. Digests of Cases. 87 
 
 WATERS, II. n, 1 cont'd 
 87. Change of use or channel of 
 water appropriated. 
 
 Generally. 30 L.R.A. 384. 
 
 Rights subsequently vested cannot be in- 
 fringed. 30 L.R.A. 386. 
 
 Priority not lost by change. 30 L.R.A. 389. 
 
 Right may be sold". 30 L.R.A. 390. 
 
 Right to change mill location. 30 L.R.A. 
 390. 
 
 88. Tolls for appropriated water. 
 
 State regulation of tolls for use of appro- 
 priated water. 33 L.R.A. 180-182. 
 
 2. Prior appropriation. 
 
 89. Generally. 
 
 As affecting right to pollute stream for 
 mining purposes. 24 L.R.A. 66. 
 
 Right to complain of waste by prior ap- 
 propriator. L.R.A.1916B, 1014. 
 
 90. Right of prior appropriator of 
 water. 
 
 Right at common law. 30 L.R.A. 665. 
 Right under special statutes or customs. 
 
 30 L.R.A. 668. 
 Effect of prior appropriation on right to 
 
 pollute stream by mining operations. 
 
 22 L.R.A.(N.S.) 281. 
 Right as between appropriator above, and 
 
 junior appropriator below, mill, during 
 
 periods when water not used by mill. 
 
 30 L.R.A. (N.S.) 615. 
 
 91. Abandonment or loss of rights of 
 prior appropriators. 
 
 Generally. 30 L.R.A. 265. 
 Effect of nonuser. 30 L.R.A. 265. 
 Attempt to change use. 30 L.R.A. 266. 
 Abandonment prevented by Tise. 30 L.R.A. 
 
 267. 
 Decisions under statutes. 30 L.R.A. 267. 
 
 o. Irrigation. 
 
 92. Generally. 
 
 Condemnation of land for, see EMINENT 
 DOMAIN, 18. 
 
 Incorporation of territory into municipality 
 as affecting prior right to maintain irri- 
 gation ditch in highway. 47 L.R.A. 
 (N.S.) 610. 
 
 Right of way for irrigation ditch; right of 
 fee owner to cross. 3 L.R.A. (N.S.) 
 1148. 
 
 Specific performance of agreement for li- 
 cense to maintain irrigation ditch. 49 
 L.R.A. 520. 
 
 Mandamus to enforce the right of a stock- 
 holder of a water company to water. 
 24 L.R.A.(N.S.) 372. 
 
 Municipal liability for negligence in main- 
 tenance of irrigation ditches in con- 
 nection with water works. 25 L.R.A. 
 (N.S.) 243. 
 
 93. Taking property for. 
 
 See EMINENT DOMAIN, 18.
 
 1378 
 
 INDEX TO L.R.A. NOTES. 
 
 WATERS, II. o cont'd 
 
 94. Contract to furnish water for. 
 
 Construction of irrigation contracts with 
 consumers. L.R.A.1916F, 257. 
 
 Right of stockholder in mutual irrigation 
 company to maintain action against the 
 company for negligent failure to fur- 
 nish water. L.R.A.1915D, 292. 
 
 Measure of damages for breach of contract 
 to furnish water for irrigation. 19 
 L.R,A.(N.S.) 938; 31 L.R.A.(N.S.) 
 743. 
 
 95. Right to use or divert water for. 
 
 Correlative rights of upper and lower pro- 
 prietors to use water for irrigation. 
 41 L.R.A. 741. 
 
 Right to divert water from stream for ir- 
 rigation purposes. 41 L.R.A. 741. 
 
 Right to divert water from nontidal stream 
 for irrigation purposes without com- 
 pensation to riparian owner. 37 L.R.A. 
 (N.S.) 311. 
 
 96. Transfer of right to use water 
 for irrigation. 
 
 Of right acquired by appropriation. 65 
 
 L.R.A. 407. 
 
 Of right in ditch. 65 L.R.A. 409. 
 May pass by conveyance of lund. 65 L.R.A. 
 
 409. 
 Method of transfer. 65 L.R.A. 412. 
 
 97. Rates. 
 
 State regulation of rates of irrigation com- 
 pany. 12 L.R.A.(N.S.) 711; L.R.A. 
 1915D, 1205. 
 
 Business of supplying water for irrigation 
 as affected with a public interest au- 
 thorizing regulation and control as to 
 rates and prices. 6 L.R.A. (N.S.) 834. 
 
 Power of judiciary to fix rates to be charged 
 for water for irrigation purposes. 8 
 L.R.A.(N.S.) 529. 
 
 Construction of provisions as to water 
 rentals and other charges in irrigation 
 contract. L.R.A.1916F, 269. 
 
 p. Contract or grant. 
 
 98. Generally. 
 
 Effect of grant on percolating waters, see 
 supra, 74. 
 
 Contract to furnish water for irrigation, 
 see supra, 94. 
 
 Transfer of right to use water for irriga- 
 tion, see supra, 96. 
 
 Contract for public supply, see infra, 111. 
 
 Reservation and exceptions in deed as to 
 water rights, see DEEDS, 25. 
 
 Constitutionality of statutes as to, see 
 CONSTITUTIONAL LAW, 174. 
 
 Mandamus against water company, see 
 MANDAMUS, 14. 
 
 Personal liability of purchaser of land on 
 contract under which it is supplied 
 with water. 39 L.R.A.(N.S.) 798. 
 
 Effect of division of tract with visible servi- 
 tude in favor of one parcel upon an- 
 other. 6 L.R.A. (N.S.) 410; 26 L.R.A. 
 (N.S.) 356; L.R.A.1915C, 351. 
 
 WATERS, II. p cont'd 
 
 Of right to dam back water of stream. 59 
 
 L.R.A. 829. 
 Establishing artificial condition of body of 
 
 water by. 50 L.R.A. 837. 
 Of right of way on share. 4 L.R.A. (N.S.) 
 
 881. 
 Change in exercising right to take water 
 
 from another's premises. 43 L.R.A. 
 
 (N.S.) 824. 
 
 99. Grant of water power. 
 
 Form; estate created. 67 L.R.A. 369. 
 Successive and conflicting grants. 67 LJI.A. 
 
 372. 
 
 What rights conveyed. 67 L.R.A. 375. 
 Limitation of rights. 67 L.R.A. 390. 
 Protecting rights. 67 L.R.A. 397. 
 Measurement. 67 L.R.A. 399. 
 Loss of rights. 67 L.R.A. 400. 
 Compensation. 67 L.R.A. 401. 
 Covenants. 67 L.R.A. 401. 
 Grant of water power without a definite 
 
 grant of necessary ground to utilize it. 
 
 L.R.A.1916A, 508. 
 
 100. How far grant of mill includes 
 water rights. 
 
 Generally. 58 L.R.A. 487. 
 
 Effect of mentioning appurtenances. 58 
 
 L.R.A. 487. 
 
 Pond an appurtenance. 58 L.R.A. 489. 
 Storage reservoir. 58 L.R.A. 490. 
 What is appurtenant. 58 L.R.A. 490. 
 Limitation upon grant. 58 L.R.A. 491. 
 Estate granted. 58 L.R.A. 493. 
 Grant for particular purpose. 58 L.R.A. 
 
 493. 
 Liability for detracting from grant. 58- 
 
 L.R.A. 493. 
 
 q. Prescriptive rights. 
 
 101. Generally. 
 
 Prescriptive right of way on shore. 4 L.R.A. 
 
 (N.S.) 880. 
 Prescriptive right to take oysters. 60 
 
 L.R.A. 521. 
 Prescriptive rights as to fishing. 60 L.R.A. 
 
 496. 
 Prescriptive right to establish ferry. 59 
 
 L.R.A. 515. 
 Prescriptive right to erect wharves. 40 
 
 L.R.A. 641. 
 Prescriptive rights in artificial condition of 
 
 body of water. 50 L.R.A. 839. 
 By use of underground water pipes. 2" 
 
 L.R.A.(N.S.) 976. 
 Of municipality to drain sewage into 
 
 waters. 48 L.R.A. 705. 
 Prescriptive right to maintain nuisance re- 
 lating to waterways. 53 L.R.A. 903. 
 Equalization by prescription of title to land 
 
 for purposes of canal. 61 L.R.A. 877. 
 
 102. Obstructions; overflow. 
 
 Prescriptive right to obstruct. 53 L.R.A. 
 
 895, 903; 59 L.R.A. 79. 
 Prescriptive right to dam back water of 
 
 Begin with this book on every law question. 
 
 stream. 59 L.R.A. 838.
 
 INDEX TO L.R.A. NOTES. 
 
 1379 
 
 WATERS, II. q cont'd 
 103. Pollution. 
 
 Prescriptive right to pollute generally. 53 
 L.R.A. 895, 903; L.R.A.1918E, 956. 
 
 Prescriptive right to pollute stream by 
 mining operations. 22 L.R.A. (N.S.) 
 281. 
 
 Prescriptive right of municipality or indi- 
 vidual to pollute stream with sewage or 
 other harmful substance. 25 L.R.A. 
 (N.S.) 589; 47 L.R.A.(N.S.) 137. 
 
 Prescriptive right to protection from pollu- 
 tion of source of municipal water sup- 
 ply. 11 L.R.A.(N.S.) 1165. 
 
 104. In subterranean water. 
 
 Prescriptive rights in subterranean water. 
 19 L.R.A. 94. 
 
 105. As to surface waters. 
 
 Prescriptive right to flow of surface water. 
 21 L.R.A. 607. 
 
 III. Public water supply, 
 a. In general. 
 
 106. Generally. 
 
 For irrigation, see supra, 92-97. 
 
 Damages for taking of water plant in con- 
 demnation proceedings, see DAMAGES, 
 82. 
 
 Ownership of plant by city, see MUNICI- 
 PAL CORPORATIONS, 70" 
 
 Valuation of property of water company, 
 see PUBLIC SERVICE CORPORATIONS, 5. 
 
 Estimating return of water company, see 
 PUBLIC SERVICE CORPORATIONS, 6. 
 
 Taxation of waterworks plant, see TAXES, 
 29, 32. 
 
 Water in pipes as subject of larceny. 
 L.R.A.1918C, 580. 
 
 Right of water company to challenge powers 
 or privileges of rival. L.R.A.1916B, 
 1087. 
 
 Duty to serve public as affecting liability 
 of public utility for temporary inter- 
 ference with water rights. L.R.A. 
 ,1915E, 294. 
 
 Waterworks as appurtenance. 15 L.R.A. 
 653. 
 
 Correlative rights of upper and lower pro- 
 prietors as to use of water for. 41 
 L.R.A. 740. 
 
 Right of taxpayer, in absence of statute, 
 to enjoin issuance or payment of 
 water bonds. 36 L.R.A. (N.S.) 6. 
 
 107. Acquisition of. 
 
 Condemnation of land for water supply, see 
 EMINENT DOMAIN, 36. 
 
 Right to divert water from nontidal stream 
 for water supply purposes without 
 compensation to owner. 37 L.R.A. 
 (N.S.) 312. 
 
 Right of municipal corporation as to use 
 of percolating waters for water supply. 
 L.R.A.1917F, 691. 
 
 Consult also L.R.A. Digests of Cases. 
 
 WATERS, III. a cont'd 
 
 108. Exclusive privilege. 
 
 Exclusiveness of franchise of water com- 
 pany. 61 L.R.A. 80. 
 
 Right of municipality to establish water 
 plant in competition with company 
 to which it has granted a franchise. 
 L.R.A.1915C, 439. 
 
 Right of appropriator of water for distri- 
 bution to the public, to grant exclusive 
 or preferential rights to individual. 
 29 L.R.A.(N.S.) 213. 
 
 6. Operation and regulation of water- 
 works. 
 
 109. Generally. 
 
 Municipal waterworks plant, see MUNICI- 
 PAL CORPORATIONS, 70. 
 
 Municipal liability in connection with 
 waterworks plant, see MUNICIPAL COR- 
 PORATIONS, 93, 94. 
 
 Right of consumer to sue water company, 
 see PARTIES, 13. 
 
 Municipal liability for hydrants and other 
 appliances pertaining to municipal 
 waterworks. 20 L.R.A.(N.S.) 620. 
 
 Right of water company to require custo- 
 mer to keep service pipe in repair. 32 
 L.R.A.(N.S.) 229; 43 L.R.A.(N.S.) 
 144. 
 
 Right of water company to refuse to deal 
 with tenant. 33 L.R.A. (N.S.) 1015. 
 
 Liability of landlord as to water pipes and 
 water supply on leased premises. 23 
 L.R.A. 160. 
 
 Liability of landlord to tenant for damage 
 by water caused by defective plumbing 
 or bursting of pipes. L.R.A. ]917B > 
 225, 236, 244. 
 
 Mechanic's lien for water connections in 
 street. 42 L.R.A. (N.S.) 356. 
 
 110. Establishment and regulation 
 of municipal water supply. 
 
 As to regulation of public service corpora- 
 tions generally, see PUBLIC SERVICE 
 CORPORATIONS. 
 
 Power to procure or furnish. 61 L.R.A. 34. 
 Purchase or construction of plant. 61 
 
 L.R.A. 44. 
 Liability for injuries. 61 L.R.A. 58; 
 
 23 L.R.A. (N.S.) 204. 
 Contract for water. 61 L.R.A. 61. 
 Rights of taxpayer. 61 L.R.A. 75. 
 Use of highways. 61 L.R.A. 76. 
 Rights and duties of water company. 61 
 
 L.R.A. 80. 
 Rights and duties of consumer. 61 L.R.A. 
 
 107. 
 Rights and duties of municipality. 61 
 
 L.R.A. 116. 
 
 111. Contracts. 
 
 Contracts for public water supplv. 61 
 
 L.R.A. 61. 
 Effect of contract on rates charged for 
 
 water. 61 L.R.A. J02. 
 Period that may be covered by contract for 
 
 water supply. 16 L.R.A.* 258.
 
 1380 
 
 INDEX TO L.R.A. NOTES. 
 
 WATERS, III. b cont'd 
 
 Power of board to make contract for water 
 supply extending beyond its own 
 term. 29 L.R.A. (N.S.) 653. 
 
 Right to enforce by mandamus duty of 
 water company arising wholly from 
 contract. 13 L.R.A. (N.S.) 1084. 
 
 Duty under contract with consumer to sup- 
 ply water for extinguishment of fire. 
 36 L.R.A.(N.S.) 1045. 
 
 What are city or public purposes within 
 contract requiring water company to 
 furnish water for such purposes. 43 
 L.R.A.(N.S.) 439. 
 
 112. Water mains. 
 
 Water pipes in street, see HIGHWAYS, 23. 
 
 Laying water mains at expense of abutting 
 property. 3 L.R.A.(N.S.) 817. 
 
 Right to compel consumer to pay for the 
 connection with water mains. 24 
 L.R.A.(N.S.) 485; L.R.A.1915A, 246. 
 
 Permitting abutting owners to make water 
 connection in street. 19 L.R.A. (N.S.) 
 512. 
 
 Prescriptive right by use of underground 
 water pipes. 2 L.R.A. (N.S.) 976. 
 
 Duty and right of municipality to reim- 
 burse water company for expenses en- 
 tailed in respect to water pipes. 6 
 L.R.A.(N.S.) 1027. 
 
 Defects in work as defense to assessment 
 for. 56 L.R.A. 922. 
 
 Liability for damage to service mains by 
 excavating in street. L.R.A.1917E-, 
 1094. 
 
 113. Pollution of; nitration; quan- 
 tity and quality. 
 
 Protection from pollution of source . of 
 municipal water supply. 11 L.R.A. 
 (N.S.) 1163; L.R.A.1918E, 954. 
 
 Power of state or health authorities to for- 
 bid the use of a polluted water supply. 
 23 L.R.A. (N.S.) 766. 
 
 Power of legislature to forbid pollution of 
 stream from which municipal water 
 supply is taken. 7 L.R.A.(N.S.) 321. 
 
 Duty of water supply companv to filter wa- 
 ter. 24 L.R.A.(N.S.) 304. 
 
 Duty of water company as to quantity and 
 'quality of water. 61 L.R.A. 87. 
 
 114. Duty to furnish. 
 
 Right to discontinue service to compel pay- 
 ment of bill, see infra, 117. 
 
 Duty to furnish at proper rates, see infra, 
 122. 
 
 Compulsory service in case of. 15 L.R.A. 
 322. 
 
 Duty of water company as to furnishing 
 water. 61 L.R.A. 87. 
 
 Right to compel water company to furnish 
 general supply while municipal corpo- 
 ration is in default in paying hydrant 
 rentals. 34 L.RA.(N.S-) 196. 
 
 May water company be required to furnish 
 water for power or manufacturing pur- 
 poses. 32 L.R.A. (N.S.) S05. 
 
 WATERS, III. b cont'd 
 
 Right of stockholder in mutual irrigation 
 company to maintain action against 
 the companv for negligent failure to 
 furnish water. L.R.A.1915D, 292. 
 
 What are city or public purposes within 
 contract requiring water company to 
 furnish water for such purposes. 43 
 L.R.A. (N.S.) 439. 
 
 Duty of water company or municipality 
 supplying water to extend the service 
 to all applicants willing to comply with 
 its regulations. 47 L.R.A.(N.S.) 655. 
 
 Right or duty of municipal corporation to 
 supply nonresident with water. 34 
 L.R.A.(N.S.) 542. 
 
 115. liability for shutting off 
 water. 
 
 Shutting off to enforce payment, see infra, 
 H7. 
 
 Liability for damages caused by shutting off 
 wafer from premises. 21 L.R.A. (N.S.) 
 468. 
 
 Loss of profits as element of damages for 
 cutting off supplv of water from prem- 
 ises. 22 L.R.A. (N.S.) 588. 
 
 116. Enforcing payment for. 
 
 Lack of, or invalidity of franchise as defense 
 to action for water rents. 52 L.R.A. 
 (N.S.) 713. v 
 
 Enforcement of payment for water 61 
 L.R.A. 114. 
 
 Compelling property owner to pay for water 
 furnished to former occupant of prem- 
 ises. 1 L.R.A. (N.S.) 771. 
 
 Validity of statute or ordinance making 
 property or property owner liable for 
 water furnished tenant. 6 L.R.A. 
 (N.S.) 198; L.R.A.1918D, 364. 
 
 Reasonableness of regulations requiring 
 oayment of water rentals in advance. 
 19 L.R.A.(N.S.) 693; 31 L.R.A.(N.S.i 
 319. 
 
 Right of water company to impose penalty 
 for failure to pay service bills prompt- 
 ly. 31 L.R.A.(N.S.) 329; 43 L.R.A. 
 (N.S.) 63. 
 
 117. by discontinuing service. 
 
 Discontinuing service to compel payment of 
 water bills. 31 L.R.A.(N.S.) 301; 40 
 L.R.A.(N.S.) 263. 
 
 Right to shut off water from whole build- 
 ing because of one tenant's delinquency. 
 61 L.R.A. 33; 39 L.R.A. (N.S.) 814. 
 
 Right to discontinue service after tender 
 of amount due. L.R.A.1917C, 376. 
 
 118. Liability of water company. 
 
 For shutting off supply, see supra, 115. 
 Municipal liability for damages in connec- 
 tion with plant, see MUNICIPAL COB- 
 
 POBATIONS, 93, 94. 
 
 Injunction by municipality against water 
 company for maintaining nuisance. 42 
 L.R.A. 821. 
 
 Begin with this boofc on every laiv question.
 
 INDEX TO L.R.A. NOTES. 
 
 1381 
 
 WATERS, III. b cont'd 
 
 Liability of water company in tort for loss 
 to one sustaining no contract relation 
 with it, by its failure to comply with 
 its contract with the 'municipality. 6 
 L.R.A. (N.S.) 1171; 21 L.R.A. (N.S.) 
 1021. 
 
 119. for loss by fire. 
 
 Municipal liability, see MUNICIPAL COR- 
 PORATIONS, 94. 
 
 Liability of water company for destruction 
 of property of municipality by fire in 
 consequence of failure to maintain 
 suflicient pressure. 30 L.R.A. (N.S.) 
 526. 
 
 Duty of municipality or water company 
 under its contract with consumer to 
 supplv water for extinguishment of 
 fires/ 23 L.R.A. 146; 36 L.R.A. (N.S.) 
 1045; 52 L.R.A. (N.S.) 402. 
 
 Liability of water company in tort for loss 
 to one sustaining no contract relation 
 with it by its failure to comply with 
 contract with municipality. 6 L.R.A. 
 (N.S.) 1171; 21 L.R.A.(N.S.) 1021. 
 
 120. Rates. 
 
 For irrigation, see supra, 97. 
 
 Rights and duties of municipality as to 
 rates for water. 61 L.R.A. 118. 
 
 Water rates as taxes. 21 L.R.A. 519. 
 
 Collection of rates for water. 61 L.R.A. 109. 
 
 Incorporation of territory into municipality 
 as affecting existing contract as to rates 
 in that territory. L.R.A.1916A, 1071. 
 
 121. regulation and fixing of. 
 
 Valuation of property for purpose of fix- 
 ing rates, generally, see PUBLIC SEBV- 
 ICE CORPORATIONS, 5. 
 
 Estimating return of company, for rate- 
 making purposes, see PUBLIC SERVICE 
 CORPORATIONS, 6. 
 
 Control of rates of water company. 33 
 L.R.A. 181; 61 L.R.A. 99. 
 
 Power of municipality apart from contract 
 to regulate rates to be charged by 
 water company. 33 L.R.A. (N.S.) 759; 
 43 L.R.A. (N.S.) 994. 
 
 Power of judiciary to fix rates. 8 L.R.A. 
 (N.S.) 529. 
 
 Allowance for depreciation in plant in fix- 
 ing rates. 38 L.R.A. (N.S.) 1209. 
 
 Effect of contract with patron to preclude 
 regulation of rates. L.R.A.1915C, 282. 
 
 Right to raise rates of public service corpo- 
 ration fixed by franchise. L.R.A.1915C, 
 287. 
 
 Right to reduce rates fixed by franchise or 
 charter. LiR.A.lQloC, 261. 
 
 122. duty to furnish water at 
 proper rates; discrimination. 
 
 Discrimination in rates. 61 L.R.A. 113; 
 
 27 L.R.A.(N.S.) 674; L.R.A.1915D, 
 
 1086. 
 Consult also L.R.A. Digests of Cases. 
 
 WATERS, III. b cont'd 
 
 Right of light or water company whose 
 rates are fixed by public authorities to 
 establish a minimum charge. 26 L.R.A. 
 (N.S.) 1109. 
 
 Mandamus to compel water company to sup- 
 ply individual applicant with water at 
 reasonable rates. 1 L.R.A.(N.S.) 963. 
 
 Consumer's right to compel water company 
 to respect rates stipulated in contract 
 with municipality. 1 L.R.A. (N.S.) 
 958; L.R.A.1915D, 917. 
 
 Power of municipality operating plant to 
 make a special rate to a particular com- 
 pany or person. L.R.A.1916D, 996. 
 
 Giving of free service or reduced rates to 
 governmental agencies, cities, schools, 
 charities, and the like as an unlawful 
 discrimination. L.R.A.1918D, 904. 
 
 What are dwellings within the meaning of 
 a water company's obligation to supply 
 water at prescribed rates for dwellings. 
 11 L.R.A.(N.S.) 613. 
 
 123. recovery back of overcharge. 
 
 Recovery back of overcharges for water. 18 
 L.R.A.(N.S.) 124. 
 
 124. Meters. 
 
 Metering water furnished municipality. 61 
 L.R.A. 112. 
 
 Right of municipal corporation to require 
 use of water meters and impose ex- 
 pense of same on consumers. 23 L.R.A. 
 (N.S.) 410; L.R.A.1915A, 320. 
 
 Duty toward one entering premises to read 
 water meter. 31 L.R.A. (N.S.) 381. 
 
 WATERSPOUT. 
 
 Injury by, to employee on top of train. 47 
 L.R.A.(N.S.) 498. 
 
 WATER WAYS. 
 
 In general, see WATERS. 
 
 Doctrine of "attractive nuisance" as ap- 
 plied to water ways. 19 L.R.A. (N.S.) 
 1143; 47 L.R.A.(N.S.) 1101. 
 
 Right to, as way of necessity, where other 
 possible modes of access exist. 17 
 L.R.A. (N.S.) 1023. 
 
 WATERWORKS. 
 
 Taxation of, see TAXES, 29, 32. 
 As to public water supply, see WATBBS, 
 III. 
 
 WAUKESHA CREAM ALE. 
 
 Judicial notice of intoxicating character of. 
 48 L.R.A. (N.S.) 316.
 
 ]382 
 
 INDEX TO L.R.A. NOTES. 
 
 WAX CYLINDERS. 
 
 As infringement of copyright of sheet mu- 
 sic. 2 B. R. C. 91. 
 
 WAY. 
 
 Way of necessity, see EASEMENTS, 14. 
 Private ways, see EASEMENTS; PBIVATE 
 
 ROADS. 
 
 Railway, see RAILROADS. 
 Railroad right of way, see RAILROADS, 15. 
 Street railway, see STREET RAILWAYS. 
 
 Loss of profits as element of damages for 
 breach of contract for construction and 
 repair of. 53 L.R.A. 49. 
 
 WAYBILLS. 
 
 Loss or damage from default as to way- 
 billing due to initial carrier's own neg- 
 ligence or breach of contract. 31 
 
 L.R.A. (N.S.) 88. 
 
 WAY OF NECESSITY. 
 
 See EASEMENTS, 14. 
 
 WAY STATION. 
 
 What is, within meaning of fence laws. 7 
 L.R.A.(N.S.) 207. . 
 
 WEAPONS. 
 
 1. Generally. 
 
 Carrying of, see CARRYING WEAPONS. 
 Firearms, see FIREARMS. 
 
 Admissibility of opinion evidence as to kind 
 or nature of weapon with which wound 
 or other external injury was inflicted. 
 L.R.A.1915B, 1143. 
 
 Necessity and sufficiency of description of 
 offense of carrying arms in bail bond 
 or recognizance. 38 L.R.A. (N.S.) 322. 
 
 2. Homicide or assault while using. 
 
 Homicide while using dangerous weapons. 
 
 63 L.R.A. 387. 
 Homicide in commission of misdemeanor 
 
 with dangerous weapon. 45 L.R.A. 
 
 (N.S.) 219. 
 
 What weapons may be considered deadly un- 
 der law of homicide and assault. * 21 
 
 L.R.A.(N.S.) 497. 
 Right to use deadly weapon in resisting 
 
 trespass. 22 L.R.A. (NjS.) 724. 
 Use of deadly weapons, as affecting degree 
 
 of homicide in heat of passion. 5 
 
 L.R.A. (N.S.) 823. 
 
 WEAPONS con'td 
 
 Criminal responsibility of one who aids an- 
 other in assault in which the latter 
 without his knowledge or consent uses 
 a deadly weapon. 23 L.R.A. (N.S.) 
 273. 
 
 Presumption as to malice aforethought in 
 homicide arising from use of deadly 
 weapon. 38 L.R.A. (N.S.) 1081. 
 
 WEARING APPAREL. 
 
 Location of, as affecting insurance on. 2(5 
 
 L.R.A. 239. 
 Measure of damages for loss or conversion 
 
 of or injury to. L.R.A.1917D, 495. 
 As a family expense or necessary within 
 
 statute rendering wife or her property 
 
 liable therefor. L.R.A.1917F, 862. 
 
 WEATHER. 
 
 Recovery under Workmen's Compensation 
 Act for injuries caused bv weather con- 
 ditions. L.R.A.1918F, 936. 
 
 Weather conditions as an independent in- 
 tervening efficient cause. 20 L.R.A. 
 (N.S.) 92. 
 
 Carrier's liability for injury to live stock 
 by weather conditions. 34 L.R.A. 
 (N.S.) 1013. 
 
 State of, as affecting amount of damages 
 for carrying passenger beyond desti- 
 nation. 17 L.R.A. (N.S.) 1228. 
 
 Effect of weather conditions on question of 
 negligence in running train at speed 
 preventing stoppage within distance 
 disclosed by headlight. 39 L.R.A. 
 (N.S.) 980. 
 
 Use of party wall as protection against 
 weather as rendering adjoining o vner 
 liable to contribute to cost. 6 B. R. C. 
 455. 
 
 WEBB-KENYON ACT. 
 
 Constitutionality, construction and effect of. 
 . L.R.A.1916C, 299; L.R.A.1917B, 1229; 
 L.R.A.1918B, 455. 
 
 Effect of, on previously enacted state stat- 
 utes. 48 L.R.A. (N.S.) 350. 
 
 Effect of, upon duty . of carrier to accept 
 liquor for transportation to points 
 where its sale is prohibited or restrict- 
 ed. 45 L.R.A.(N.S.) 120. 
 
 Begin ivitJi this ftoo/c on evert/ Jaw question. 
 
 WEDDING. 
 
 Husband's right of action for mental suffer- 
 ing from loss of baggage of intended 
 bride, causing postponement of. 3 
 L.R.A.(N.S.) 225.
 
 INDEX TO L.R.A. NOTES. 
 
 1383 
 
 WEEDS. 
 
 Hemoval of, from highways, see HIGHWAYS, 
 56. 
 
 Validity and construction of statute in re- 
 lation to. 43 L.R.A. (X.S.) 1090. 
 
 Liability for permitting spread of, to ad- 
 joining property. 52 L.R.A. 293. 
 
 Warranty of freedom from noxious weed 
 seeds on sale of seeds. 37 L.R.A. 
 (N.S.) P2; L.R.A.1916C, 1013. 
 
 Measure of damages for allowing land to be- 
 come infested with. 12 L.R.A. (N.S.) 
 88. 
 
 Measure of damages where seed sold con- 
 tains noxious seed. 37 L.R.A. (N.S.) 
 88. 
 
 WELL ont'd 
 
 Mechanics' lien for sinking. 6 L.R.A. (N.S.) 
 550; 43 L.R.A. (N.S.) 559. 
 
 WEEVIL. 
 
 Liability of warehouseman for injury to 
 agricultural products by weevil. 26 
 
 L.R.A. (N.S.) 1114. 
 
 WEIGHTS AND MEASURES. 
 
 Constitutionality of statutes as to weight, 
 see CONSTITUTIONAL LAW, 176. 
 
 Right of witness to express opinion as to 
 weight. L.R.A.1918A, 712. 
 
 Knowledge or intent as element of offense 
 of using or giving false weight or 
 measure. L.R.A.1917D, 1129. 
 
 Validity of statute or ordinance regulating 
 weight of loads drawn in city streets. 
 31 L.R.A.(N.S.) 685. 
 
 Validity of sale by false weights and meas- 
 ures. 12 L.R'.A.(N.S.) 599. 
 
 Power of municipality to regulate use of 
 scales by merchants. 23 L.R.A. (N.S.) 
 266. 
 
 Necessity of weighing or measuring goods 
 sold out of a larger lot. 26 L.R.A. 
 (N.S.) 17. 
 
 Admissibility of memoranda on check stubs 
 as memoranda of weight. 42 L.R.A. 
 (N.S.) 729. 
 
 Power to prescribe the manner or method 
 of determining quantity or amount of 
 commodity. L.R.A.1916E, 379. 
 
 Validity of regulation as to weight of bread. 
 44 L.R.A. (N.S.) 632. 
 
 Validity of statute or ordinance for the 
 settlement of weights as between buyer 
 and seller by public weigher. 51 
 L.R.A. (N.S.) 731. 
 
 Constitutionality of statute which makes 
 shipper's statement as to weight con- 
 clusive. L.R.A.1917E, 1022. 
 
 WET. 
 
 Carrier's liability for injury by goods be- 
 coming wet. 39 L.R.A. (N.S.) 645. 
 
 Recovery under Workmen's Compensation 
 Act for injury caused by wetting. 
 L.R.A.1918F, 872. 
 
 WHALES. 
 
 Mode of exercising right to catch. 60 
 L.R.A. 511. 
 
 WHARFAGE. 
 
 See WHABVES, 10, 11. 
 
 WHARFINGER. 
 
 WELL. 
 
 Oil and gas wells, see MINES, 33-38. 
 In general, see WATERS, 79, 80. 
 Consult also L.R.A. Digests of Cases. 
 
 42 
 
 Claim against state for services by. 
 
 L.R.A. 55. 
 Rights of vendee of, to support title as 
 
 against owner. 25 L.R.A.(N.S.) 781. 
 Liability for safety of wharf or dock where 
 
 wharfinger assigns berth. 61 L.R.A. 
 
 948. 
 
 WHARVES. 
 
 1. Generally. 
 
 Right to compensation for obstruction or 
 destruction of wharf rights, see EMI- 
 NENT DOMAIN, 53. 
 
 License to use, see LICENSE, 45. 
 
 Delegation of municipal power as to. 20 
 L.R.A. 726. 
 
 Admiralty jurisdiction of wharfage con- 
 tract. 66 L.R.A. 233. 
 
 Establishment of dock line. 14 L.R.A. 498. 
 
 Effect of construction by abutting owner of 
 wharf on street. 16 L.R.A. (N.S.) 506. 
 
 Obstruction to navigation as a special in- 
 jury to wharf right. 59 L.R.A. 84. 
 
 Right of wharfage separated from upland. 
 40 L.R.A. 393. 
 
 Right of state to grant tide land so as to 
 destroy wharfage right of shore owner. 
 63 L.R.A. 264. 
 
 Rights of vendee of wharfinger to assert 
 title as against owner. 25 L.R.A. 
 (N.S.) 781. 
 
 Division of water front in absence of special 
 agreement between adjoining owners. 
 25 L.R.A.(N.S.) 259. 
 
 Duty of municipality as to municipal 
 wharves before they are thrown open 
 to the public. 18 L.R.A. (N.S.) 595. 
 
 As real property for purposes of taxation. 
 15 L.R.A. 298.
 
 1384 
 
 INDEX TO L.R.A. NOTES. 
 
 WHARVES cont'd 
 
 Docks and wharves on railroad right of way 
 
 as separate subjects of taxation. L.R.A. 
 
 1916E, 416. 
 Wharf or dock as fixture. L.R.A.1916A, 
 
 964. 
 What constitutes a wharf within meaning 
 
 of workmen's compensation act. L.R.A. 
 
 1916A, 203. 
 Permissive user which will constitute a 
 
 dedication of a wharf or a landing 
 
 place. 48 L.R.A.(N.S.) 469. 
 
 2. Grant, taking or use of land for. 
 
 Grant of tide lands to municipality for. 3 
 L.R.A.(N.S.) 822. 
 
 Right to erect wharves under grant. 40 
 L.R.A. 640. 
 
 Taking of land for, as a public purpose. 22 
 L.R.A.(N.S.) 135. 
 
 Use of property for, as violation of restrict- 
 ive covenants against use for purpose 
 offensive or detrimental to neighbor- 
 hood. 9 L.R.A.(N.S.) 1039. 
 
 Use of railroad right of way for purposes 
 of, as against owner of fee. 36 L.R.A. 
 (N.S.) 520. 
 
 3. Right to erect and maintain. 
 
 The rule in England. 40 L.R.A. 635. 
 The rule in this country. 40 L.R.A. 637. 
 Cases recognizing the right of the riparian 
 
 owner. 40 L.R.A. 637. 
 Rule where title extends to thread of 
 
 stream. 40 L.R.A. 638. 
 Effect of custom. 40 L.R.A. 638. 
 Statutory right. 40 L.R.A. 638. 
 Rights as against individuals. 40 L.R.A. 
 
 639. 
 Right under grant or license. 40 L.R.A. 
 
 040. 
 
 To low-water mark. 40 L.R.A. 641. 
 Prescriptive right. 40 L.R.A. 641. 
 The Federal cases. 40 L.R.A. 641. 
 Cases denying the right to build wharves. 
 
 40 L.R.A. 642. 
 Cases absolutely denying right. 40 L.R.A. 
 
 643. 
 
 Statutory restrictions. 40 L.R.A. 643. 
 Wharf beneficial. 40 L.R.A. 643. 
 Regulation of right. 40 L.R.A. 644. 
 Harbor lines. 40 L.R.A. 644. 
 Right of municipal corporation to build 
 
 wharf. 40 L.R.A. 645. 
 Right of city to regulate wharf. 40 L.R.A. 
 
 646. 
 
 Right of New York city. 40 L.R.A. 646. 
 Abatement of wharf. 40 L.R.A. 646. 
 Effect of street along shore. 40 L.R.A. 646. 
 Private contracts. 40 L.R.A. 647. 
 Direction of wharf. 40 L.R.A. 647. 
 Rights of state and general government. 40 
 
 L.R.A. 647. 
 Effect of constructing wharf in front of 
 
 private property. 40 LJl.A. 647. 
 Right in wharf which has been erected. 40 
 
 L.R.A. 647. 
 
 Log pier. 40 L.R.A. 648. 
 Ejectment for pier. 40 L.R.A. 648. 
 
 WHARVES cont'd 
 
 4. Costs of improvement for. 
 
 Power to assess cost of improvements for 
 wharf purposes on fee owners. 5 
 L.R.A.(N.S.) 289. 
 
 5. Obstruction of wharf rights. 
 
 Right to obstruct or destroy wharf rights 
 in navigable waters for public purposes 
 without compensation. 34 L.R.A. 
 (N.S.) 423. 
 
 6. As obstruction to navigation. 
 
 Piers as obstruction to navigation. 
 L.R.A. 68. 
 
 59 
 
 Begin with this boofc on every Jaw question. 
 
 7. Liability for safety of wharf or 
 dock. 
 
 General rule of liability. 61 L.R.A. 946. 
 Where wharfinger assigns berth. 61 L.R.A. 
 
 948. 
 
 What are defects.. 61 L.R.A. 948. 
 Defects outside of dock. 61 L.R.A. 949. 
 Defect in surface of wharf. 61 L.R.A. 950. 
 Liability as between owner and lessee. 61 
 
 L.R.A. 952. 
 Liability of public corporation. 61 L.R.A. 
 
 953. 
 
 Defenses. 61 L.R.A. 954. 
 Liability of landlord to third persons as to 
 
 condition of. 26 L.R.A. 203; L.R.A, 
 
 1916F, 1129. 
 
 Violating ordinance as to. as ground of pri- 
 vate action. 5 L.R.A. (N.S.) 260. 
 Liability of one maintaining amusement pier 
 
 for safety of patrons. 42 L.R.A. (N.S.) 
 
 3071. 
 
 8. Liability for injury to. 
 
 Liability for injury to wharf by vessel at- 
 tached thereto during storm. 27 
 L.R.A.(N.S.) 312. 
 
 9. Discrimination as to privileges 
 at. 
 
 Right to equal wharfage facilities from car- 
 rier. 12 L.R.A. (N.S.) 509; 43 L.R.A. 
 (N.S.) 965. 
 
 Right to discriminate between hackmen and 
 other solicitors of patronage at wharf. 
 16 L.R.A.(N.S.) 777; L.R.A.1915B, 358. 
 
 10. Wharfage charges. 
 
 Right to wharfage. 70 L.R.A. 193. 
 
 Basis of right. 70 L.R.A. 193. 
 
 Public regulation of. 70 L.R.A. 197. 
 
 Legislative regulation of rates. 33 L.R.A. 
 181. 
 
 Effect of Federal Constitution. 70 L.R.A_ 
 199. 
 
 Who and what liable for. 70 L.R.A. 202. 
 
 When liability attaches. 70 L.R.A. 202. 
 
 Risrhts of municipality. 70 L.R.A. 205. 
 
 Who entitled to. 70 L.R.A. 205. 
 
 Amount. 70 L.R.A. 207. 
 
 Defenses. 70 L.R.A. 208. 
 
 Collection: lien. 70 L.R.A. 209. 
 
 Contract for; jurisdiction of admiralty. 6fr 
 L.R.A. 233. 
 
 Claim against state for services as wharfin- 
 ger. 42 L.R.A. 55. 
 
 Maritime lien for wharfage. 70 L.R.A. 388~
 
 INDEX TO L.R.A. NOTES. 
 
 1385 
 
 WHARVES cont'd 
 
 % 11. regulation and fixing of rates. 
 
 Legislative power to fix rates for use of. 
 
 33 L.R.A. 181. 
 Business of wharfage as affected with a 
 
 public interest authorizing regulation 
 
 as to rates and prices. 6 L.R.A. (N.S.) 
 
 836. 
 
 WHEAT. 
 
 Carrier's right to make discriminating rate 
 for wheat to be converted into flour to 
 be shipped over its road. 6 L.R.A. 
 (N.S.) 225. 
 
 WHIP. 
 
 As deadly weapon. 21 L.R.A. (N.S.) 506. 
 
 WHIPPING. 
 
 Homicide by. 60 L.R.A. 801. 
 
 WHISKY. 
 
 As intoxicating liquor. 20 L.R.A. 649. 
 Judicial notice of intoxicating character of. 
 48 L.R.A.(N.S.) 03. 
 
 WHISKY COCKTAIL. 
 
 Judicial notice of intoxicating character of. 
 19 L.R.A.(N.S.) 848. 
 
 WHISTLE. 
 
 At railroad crossing, see RALHOADS, 
 66-69. 
 
 lightening of horse by street car whistle. 
 34 L.R.A. 485. 
 
 WHISTLE POSTS. 
 
 Compensation for making, as element of 
 damages for laying out street across 
 railway property. 24 L.R.A. (N.S.) 
 1235. 
 
 WHITECAPS. 
 
 Necessity of instruction as to law on cir- 
 cumstantial evidence on prosecution 
 under Whitecapping statute. 69 
 L.R.A. 205. 
 
 'Consult also L.K.A. Digests of Cases. 
 
 WHITE LEAD. 
 
 Liability of master to servant for injuries 
 from lead poising. 35 L.R.A. (N.S.) 
 679. 
 
 WHITE SLAVERY. 
 
 See PBOSTITUTION, 2. 
 
 WHITEWASHING. 
 
 Tenant's duty as to. 64 LJR.A. 755. 
 
 * 
 
 WHOLESALE. 
 
 Control by wholesalers over price on retail, 
 see MONOPOLY AND COMBINATIONS, 5, 
 6. 
 
 What amounts to retail sale of intoxicating 
 liquors as distinguished from whole- 
 sale. 32 L.R.A. (N.S.) 622; L.R.A. 
 1915B, 389. 
 
 Legality of combination by dealers not to, 
 patronize wholesalers who sell to un- 
 desirable persons. 35 L.R.A. (N.S.) 
 1054; L.R.A.1915A, 789. 
 
 WHOOPING. 
 
 As disturbance of public peace. 32 L.R.A. 
 (N.S.) 505. 
 
 WHORE. 
 
 Charging woman with being, as libel or 
 slander, see LIBEL AND SLANDER, 12. 
 
 WIDE TIRES. 
 
 Validity of statute or ordinance regulating 
 width of tires of vehicles in city 
 streets. 31 L.R.A. (N.S.) 685. 
 
 WIDOW. 
 
 Inheritance by, see DESCENT AND DISTRIBU- 
 TION, 7. 
 
 Dower of, see DOWEB. 
 
 Allowance of, see EXECUTORS AND ADMIN- 
 ISTRATORS, 55, 55a. 
 
 Right of, as to homestead, see HOMESTEAD, 
 18. 
 
 Action by, for death of husband, sec HUS- 
 BAND AND WIFE, 65. 
 
 Rights of, in insurance on husband's life, 
 see INSURANCE, 190, 191.
 
 13SG 
 
 INDEX TO L.R.A. NOTES. 
 
 WIDOW cont'cl 
 
 Right to redeem from foreclosure sale, see 
 MOETGAGE, 88. 
 
 Election by, between will and other dis- 
 tributive rights, see WILLS, 112-115. 
 
 Legal status of adopted child as to adopt- 
 ing father's widow. 17 L.R.A. 435. 
 
 Who takes under gift to "widow." 33 
 L.K.A.(N.S.) 816. 
 
 Devise or bequest to one described as 
 "widow" as affected by illegality or 
 non-existence of marriage. L.R.A. 
 1917B, 1153. 
 
 Does widow come within the term "heirs." 
 L.R.A.1918A, 1108. 
 
 Widow's right to proceeds of insurance on 
 husband's life payable to himself or his 
 executors or administrators. 35 L.R.A. 
 (N.S.) 964. 
 
 Right of, prior to assignment of dower, to 
 maintain trespass quare clausum. 13 
 L.R.A.(N.S.) 209. 
 
 Right to restrain or compel removal of re- 
 mains of deceased husband. 3 L.R.A. 
 (N.S.) 489. 
 
 Seduction of. 21 L.R.A. (N.S.) 265; L.R.A. 
 1916D, 458. 
 
 Duty of widow as devisee to pay taxes. 32 
 L.R.A. 757. 
 
 Assessment of land of decedent's estate to 
 widow. 50 L.R.A. (N.S.) 41]. 
 
 Bight to contest will of husband or of hus- 
 band's former wife. L.R.A.1918A, 466. 
 
 WIDOWER. 
 
 Right of curtesy, see CUBTEST. 
 Inheritance by, see DESCENT AND DISTRIBU- 
 TION, 7. 
 
 Right to compel or restrain removal of re- 
 mains of deceased wife. 3 L.R.A. 
 (N.S.) 482. 
 
 Rights of, under homestead and exemption 
 laws. 4 L.R.A.(N.S.) 390; L.R.A. 
 1917C, 364. 
 
 Partition of homestead where homestead 
 right is in widower. 4 L.R.A. (N.S.) 
 790. 
 
 WIDOWS ALLOWANCE. 
 
 See EXECUTORS AND ADMINISTRATORS, 
 55, 55a. 
 
 WIDTH. 
 
 Of highway, see HIGHWAYS, 
 Of tire, see WIDE TIRES. 
 
 Of lode claim within placer claim. 
 L.R.A. 294. 
 
 8, 8a. 
 
 50 
 
 WIFE. 
 
 See HUSBAND AND WIFE. 
 
 WILD ANIMALS. 
 
 See ANIMALS, 11. 
 
 WILD CAR. 
 
 Liability of railroad company for injury to- 
 trespasser or licensee by car running 
 - wild. L.R.A.1915A, 143. 
 
 WILFULNESS. 
 
 Contributory wilfulness as a defense 
 against an action for personal injury 
 based on wilfulness of defendant. 
 L.R.A.1918D, 1195. 
 
 May wilfulness precluding the defense of 
 contributory negligence be predicated 
 of omission of duty before discovery 
 of person in position of peril on rail- 
 road or street railway track. 21 
 L.R.A. (N.S.) 427. 
 
 Wilful injury by railroad company operat- 
 ing trains or cars longitudinally along 
 public street. 49 L.R.A. (X.S.) *68S. 
 
 Liability of partnership for wilful torts. 
 51 L.R.A. 469. 
 
 I. 
 II. 
 
 III. 
 
 IV. 
 
 Begin with this boo7c on every laic question 
 
 WILLS. 
 
 In general, 1. 
 
 Agreement for; prevention of, 
 
 2, 3. 
 
 The instrument; form; execution; 
 requisites; validity , 4- 
 58. 
 
 a. In general, 4. 
 ft. Various forms of wills, 
 5, 6. 
 
 c. Testamentary character, 7. 
 
 d. Incorporation of extrinsic 
 
 document, 8. 
 
 e. Testamentary capacity, 
 
 9-15. 
 
 f. Undue influence, 16, 17. 
 
 g. Execution; publication; at- 
 
 testation, 18-32. 
 h. Reformation; modification, 
 
 33. 
 
 i. Revocation, 34-42. 
 j. Revival, 43, 44. 
 fe. What may be devised or be- 
 
 queatlied, 45, 46. 
 I. Probate, 47-56. 
 
 1. In general, 47-55. 
 
 2. Foreign wills, 56. 
 m. Contests, 57. 
 
 n. Codicils, 58. 
 Holographic; ni.ncupative, 59.
 
 INDEX TO L.R.A. NOTES. 
 
 1387 
 
 WILLS cont'd 
 F. Devise and legacy, 6O-129. 
 
 a. Construction, validity, and 
 
 effect generally, 6O, 61. 
 
 b. Implication; repugnancy, 
 
 62, 63. 
 
 c. Intention of testator, 64, 
 
 65. 
 
 d. Description of property de- 
 
 vised or bequeathed, 66, 
 67. 
 
 e. After-born children not men- 
 
 tioned; disinheriting, 68. 
 
 f. Description of beneficiaries; 
 
 who may take, 69, 70. 
 
 g. Capacity of legatee or dev- 
 
 isee; restrictions on chari- 
 table gifts, 71-73. 
 
 h. What property passes, 
 74, 75. 
 
 i. Partial intestacy, 76. 
 
 j. Nature of estate or interest 
 created, 77-1O2. 
 
 1. In general, 77. 
 
 2. Repugnancy, 78. 
 
 3. Life or fee, 79-81. 
 
 4. Rule in Shelley's Case, 
 
 82. 
 
 5. Restrictions and condi- 
 
 tions, 83-9O. 
 
 6. Remainders, 91. 
 
 7. Limitations; limitations 
 
 over; executory devises, 
 92-94. 
 
 8. Income or support, 
 
 95. 
 
 9. Interest of several, 
 
 96-98. 
 
 1O. Vetted or contingent in- 
 terest, 99-1O2. 
 le. Rights and preferences of 
 legatees; enforcement; pay- 
 ment; garnishment, 
 103-109. 
 
 I. Acceptance; election; re- 
 nunciation, 11O, 115. 
 m. Equitable conversion, 
 
 116-118. 
 n. Charge on donee or land 
 
 devised, 119. 
 
 o. Lapsing; ademption; ad- 
 vancements; abatement; 
 revocation, 12O-126. 
 p. General or specific, 127, 
 
 128. 
 q. Who ivill take void legacy, 
 
 129. 
 VI. Suit to construe will, ISO. 
 
 I. In general. 
 
 1. Generally. 
 
 Conflict of laws as to, see CONFLICT OF 
 
 LAWS, 35. 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 102, 103. 
 Admissibility of acts and declarations of 
 
 testator, see EVIDENCE, 230. 
 Identity of property given by, see IDENTITY 
 
 AND IDENTIFICATION, 10. 
 Lost wills, see LOST INSTRUMENTS, 3. 
 Consult also L.R.A. Digests of Cases. 
 
 WILLS, I. cont'd 
 
 Parties plaintiff in actions affecting, see 
 
 PARTIES, 6. 
 Sufficiency of execution by will of power of 
 
 appointment, see POWERS, 4. 
 
 Rule of benefit society requiring designa- 
 tion of beneficiary by. L.R.A.19181-', 
 777. 
 
 Change in character or use of dominant 
 tenement as affecting easement created 
 by will. L.R.A.1917A, 531. 
 
 Liability for mutilation or spoliation of. 
 L.R.A.1917B, 558. 
 
 Revocation of letters of administration up- 
 on discovery of. 49 LR.A.(N.S.) 894. 
 
 Testamentary libels. 49 L.R.A. (N.S.) 897. 
 
 Effect of invalid attempt to appoint testa- 
 mentary guardian. 45 L.R.A. (N.S.) 
 446. 
 
 Is the right to take property by will or in- 
 heritance a natural or statutory right. 
 9 L.R.A.(N.S.) 121. 
 
 Validity of assignment of insurance policies 
 to persons to be named in will. 27 
 L.R.A.(N.S.) 184. 
 
 Liability of estate for comissions of bro- 
 ker whose employment is permitted by 
 will. 64 L.R.A. 554. 
 
 Payment to administrator as discharge of 
 debt when will is subsequently dis- 
 covered and probated. 7 L.R.A. (N.S.) 
 878. 
 
 Dovise as violation of covenant in lease 
 against assignment or sale. 14 L.R.A. 
 (N.S.) 1205. 
 
 Privilege of communications to attorney 
 during preparation of. 17 L.R.A. 188; 
 17 L.R.A. (N.S.) 108. 
 
 Necessity of knowledge by testator of con- 
 tents of his will and proof thereof. 
 L.R.A.1918D, 747. 
 
 //. Agreement for; prevention of. 
 
 2. Generally. 
 
 Oral agreement to give property by, see 
 
 CONTRACTS, 33. 
 Validity of agreement as to, see CONTRACTS, 
 
 86. 
 Specific performance of agreement for, see 
 
 SPECIFIC PERFORMANCE, 9. 
 
 Measure of damages for failure to perforni 
 contract to compensate for services by 
 will. 41 L.R.A.(N.S.) 246. 
 
 Gift as a fraud on contract to will property. 
 20 L.R.A.(N.S.) 1154. 
 
 Revocation of consent given by one spouse 
 to will of the other in the latter's life- 
 time. L.R.A.1915E, 815. 
 
 3. Frustration of decedent's inten- 
 tion. 
 
 Prevention of making of, by fraud. 25 
 L.R.A. 571. 
 
 Impressing share of heir, devisee, or legatee, 
 with constructive trust because of his 
 fraud in frustrating decedent's inten- 
 tion to give the property to a third 
 person. 8 L.R.A. (N.S.) 698; 31 L.R.A. 
 (N.S.) 176.
 
 3388 
 
 INDEX TO L.R.A. NOTES. 
 
 WILLS, II. cont'd 
 
 May a constructive trust be based upon an 
 undertaking to hold for the benefit of 
 another property received through de- 
 vise or inheritance where no actual 
 testamentary intention has been frus- 
 trated. 33 L.R.A. (N.S.) 996; L.R.A. 
 1918F, 1045. 
 
 III. The instrument; form; execution; 
 requisites; validity. 
 
 a. In general. 
 
 4. Generally. 
 
 Conflict of laws as to formal validity of 
 will disposing of real property. 2 
 L.R.A. (N.S.) 424. 
 
 ft. Various fortns of wills. 
 
 5. Generally. 
 
 Nuncupative or holographic, see infra, 59. 
 
 6. Joint or mutual wills. 
 
 Revocation of, see infra, 35. 
 Probate of, see infra, 49. 
 
 c. Testamentary character. 
 
 7. Generally. 
 
 Effect of words in obligation for payment 
 of money indicating that it was in- 
 tended as a bequest. L.R.A.1917C, 
 1011. 
 
 Testamentary character of agreement that 
 surviving partner shall have the part- 
 nership business or property. L.R.A. 
 1918B, 907. 
 
 Effect of declaring one to be an heir or next 
 of kin. 45 L.R.A. (N.S.) 48. 
 
 Sufficiency of letter as. 15 L.R.A. 635; 17 
 L.R.A. (N.S.) 1126. 
 
 When deed to be deemed testamentary in 
 character. 1 L.R.A.(N.S.) 315. 
 
 When may instrument executed with the 
 formalities of a will, but not 
 couched in the formal testamen- 
 tary phraseology, be admitted to 
 probate or otherwise given effect as 
 a will. 41 L.R.A. (N.S.) 39. 
 
 May an instrument not on its face of a tes- 
 tamentary character be shown by ex- 
 trinsic evidence to be such so as to take 
 effect as a will. 13 L.R.A. (N.S.) 1203. 
 
 Admissibility of extrinsic evidence to show 
 that instrument, on its face a will, was 
 not intended as such. 28 L.R.A. (N.S.) 
 417. 
 
 Collateral attack on probate where decree 
 or will affirmatively shows will to be 
 invalid for lack of testamentary char- 
 acter of instrument. 42 L.R.A. (N.S.) 
 458. 
 
 d. Incorporation of extrinsic document. 
 
 8. Generally. 
 
 Generally. 68 L.R.A. 353. 
 
 Reference to extrinsic document. 68 L.R.A. 
 
 354. 
 
 Identification of extrinsic document bv ref- 
 erence. 68 L.R.A. 371. 
 
 Begin with this book on every law question. 
 
 WILLS, III. d cont'd 
 
 Necessity that extrinsic document be actu- 
 'ally in existence. 68 L.R.A. 376. 
 
 Parol evidence as to reference, to identity, 
 or to existence of extrinsic document. 
 68 L.R.A. 384. 
 
 Separate wills in relation to property in 
 different countries. 68 L.R.A. 384. 
 
 Recital in will of conveyance of land as de- 
 vise, where conveyance was not in fact 
 made, or proves ineffectual. 3 L.R.A. 
 (N.S.) 645. 
 
 e. Testamentary capacity. 
 
 9. Generally. 
 
 Opinion evidence as to, see EVIDENCE, 
 191, 192. 
 
 As to incompetency, generally, see IN- 
 COMPETENT PERSONS. 
 
 Conflict of laws as to testator's capacity. 
 2 L.R.A.(N.S.) 414. 
 
 Validity and effect of stipulation, of in- 
 capacity of testator. 23 L.R.A.(N.S.) 
 783. 
 
 Revocation of will by one executed when 
 testator is incompetent. L.R.A. 191f5C, 
 92. 
 
 Signature made by hand of unconscious 
 person. L.R.A.1915B, 678. 
 
 Admissibility of finding of coroner as to 
 cause of death to show mental condi- 
 tion of testator. 45 L.R.A. (N.S.) 408. 
 
 Power of one lacking testamentary capacity 
 to revoke will. 18 L.R.A.(N.S.) 99. 
 
 Collateral attack on probate where decree or 
 will affirmatively shows lack of testa- 
 mentary capacity. 42 L.R.A. (N.S.) 
 457. 
 
 10. What constitutes capacity or 
 incapacity. 
 
 In general. 27 L.R.A.(N.S.) 2; L.R.A. 
 
 1915A, 444. 
 Specific tests of capacity. 27 L.R.A. (N.S.) 
 
 25; L.R.A.1915A, 450. 
 Old age. 27 L.R.A. (N.S.) 25; L.R.A. 
 
 1915A, 450. 
 
 Insane delusions. 12 L.R.A. 161 ; 27 
 L.R.A.(N.S.) 62; L.R.A. 19 15 A, 
 458. 
 
 Belief in spiritualism, witchcraft, etc. 
 16 L.R.A. 677; 15 L,R.A.(X.S.) 
 673. 
 Suicide. 24 L.R.A. 577; 27 L.R.A. 
 
 (N.S.) 94. 
 Temporary weakness or aberration. 27 
 
 L.R.A.(N.S.) 94; L.R.A.1915A, 463. 
 Effect of morphinism on. 39 L.R.A. 263. 
 Wills planned in strength, executed in ex- 
 tremis. 27 L.R.A. (N.S.) 98. 
 Miscellaneous cases. 27 L.R.A. (N.S.) 99; 
 L.R.A.1915A, 463. 
 
 11. drunkenness. 
 
 Present intoxication. 39 L.R.A. 220. 
 Habits of intoxication. 39 L.R.A. 220. 
 Drunkenness as evidence of incapacity. 39 
 
 L.R.A. 221. 
 
 Inquisition of drunkenness as evidence. 39 
 L.R.A. 227.
 
 INDEX TO L.R.A. NOTKS. 
 
 1389 
 
 WILLS, III. e cont'd 
 12. Married woman. 
 
 Eight of wife under statute removing dis- 
 abilities of married woman to devise 
 property held by her husband and her- 
 self as joint tenants. 7 L.R.A. (N.S.) 
 701. 
 
 Sufficiency of husband's consent to wife's 
 will. 37 L.R.A.(N.S.) 1133. 
 
 13. Time at which incapacity exists. 
 
 Testamentary capacity at the time of giving 
 instructions for will as affecting meas- 
 ure of capacity which must exist at 
 time of execution. 2 B. R. C. 41. 
 
 14. Evidence as to. 
 
 Presumption and burden of proof as to, see 
 EVIDENCE, 39. 
 
 Opinion evidence as to, see EVIDENCE, 
 189-193. 
 
 Admissibility of declarations of beneficiary 
 or executor to show lack of testamen- 
 tary capacity, see EVIDENCE, 231. 
 
 Relevancy of evidence as to, see EVIDENCE, 
 254. 
 
 Sufficiency of evidence as to, see EVIDENCE, 
 291, 292, 298. 
 
 Competency of attending physician to testi- 
 fy as to capacity of testator in will 
 contest. 32 L.R.A. (N.S.) 72. 
 
 15. Evidence of attesting witnesses 
 as to. 
 
 Opinions of subscribing witnesses as to 
 sanity or insanity. 39 L.R.A. 715. 
 
 Admissibility of declarations of deceased 
 subscribing witness unfavorable to 
 testator's competency. 27 L.R.A. (N.S.) 
 294. 
 
 Weight of testimony of subscribing witness 
 against competency of testator. 6 
 L.R.A.(N.S.) 575. 
 
 /. Undue influence. 
 
 16. Generally. 
 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 53. 
 Admissibility of declarations of beneficiary 
 
 or executor to show, see EVIDENCE, 
 
 231. 
 Relevancy of evidence as to, see EVDENCE, 
 
 260. 
 Sufficiency of evidence of, see EVIDENCE, 
 
 300. 
 
 Drunkenness in connection with undue in- 
 fluence as affecting testamentary ca- 
 pacity. 39 L.R.A. 224. 
 
 Effect of unnatural testamentary disposi- 
 tion on question of undue influence. 6 
 L.R.A.(N.S.) 202; 22 L.R.A. (N.S.) 
 1024. 
 
 Effect of meretricious relations between tes- 
 tator and beneficiary on validity of de- 
 vise or bequest. 17 L.R.A.(N.S.) 477. 
 
 Character of presumption as to undue in- 
 fluence in bequest to mistress. 11 
 L.R.A.(N.S.) 554. 
 
 Burden of proof as to. 17 L.R.A. 494; 36 
 L.R.A. 724, 733. 
 
 Consult also L.R.A. Digests of Cases. 
 
 WILLS, III. f cont'd 
 
 Ante-testamentary declarations as evidence 
 
 of undue influence. 3 L.R.A. (N.S.) 
 
 749. 
 Omitting part of will from probate because 
 
 of undue influence. 34 L.R.A.(N.S.) 
 
 973. 
 
 17. Of draftsman or person active in 
 procuring execution. 
 
 Evidentiary force of circumstance that one 
 benefited by a will was the drafts- 
 man thereof, or was active in pro- 
 curing its execution. 28 L.R.A. 
 
 (N.S.) 270. 
 
 g. Execution; publication; attestation. 
 
 18. Generally. 
 
 Proof of execution of lost or destroyed wills. 
 38 L.R.A. 441. 
 
 Effect of execution by mistake of will in- 
 tended for another person. 3 B. R. C. 
 341. 
 
 Soldiers' and seamen's wills. 4 B. R. C. 
 899. 
 
 19. On Sunday. 
 
 Execution of, on Sunday. 14 L.R.A. 194. 
 
 20. Signature of testator. 
 
 Efl'ect of execution by mistake of will in- 
 tended for another person. 3 B. R. C. 
 341. 
 
 What amounts to signature by testator. 
 L.R.A.1915D, 902. 
 
 Hand guided by another. L.R.A.1915D, 90G. 
 
 Signature made by hand ' of unconscious 
 person. L.R.A.1935B, 678. 
 
 Necessity that witnesses see testator sign, 
 or that they see his signature. 38 
 L.R.A.(N.S.) 161; L.R.A.1915B, 8-7. 
 
 Signature of witness to will before testator 
 signs it. 14 L.R.A. 160; 26 L.R.A. 
 (N.S.) 1126; L.R.A.1916D, 1063. 
 
 Interlineations or changes by testator after 
 signing. 51 L.R.A.(N.S.) 169. 
 
 21. by other person. 
 
 Signature by other person. 6 L.R.A. 357;* 
 22 L.R.A. 299. 
 
 22. by mark. 
 
 Signature by mark; signing will. 22 L.R.A. 
 370. 
 
 Does ability to write invalidate signature 
 to, made by mark or by aid of other 
 person guiding the pen. 7 L.R.A. 
 (N.S.) 1]93. 
 
 Use of mark to name other than true name. 
 L.R.A.1915D, 905. 
 
 Proof of signature by mark when attesting 
 witnesses are dead.. 44 L.R.A. 142. 
 
 Proof of signature by mark where attest- 
 ing witnesses have forgotten circum- 
 stances attending its execution. 44 
 L.R.A. 142; 51 L.R.A. (N.S.) 955. 
 
 Effect of adverse testimony of attesting 
 witnesses as to exorution of will signed 
 by mark. L.R.A.1916C, 1240.
 
 1390 
 
 INDEX TO L.R.A. NOTES. 
 
 WILLS, III. g cont'd 
 23. place of. 
 
 When will deemed to have been signed or 
 subscribed at the end. 17 L.R.A. (N.S.) 
 353: 23 L.R.A.(N.S.) 515; 30 L.R.A. 
 (N.S.) 1173. 
 
 Writing name in body of will as a signa- 
 ture thereto. 29 L.R.A. (N.S.) 63; 
 46L.R.A.(N.S.) 552; L.R.A.1917D, 632. 
 
 Signing of will at end of instrument where 
 name follows attestation clause. 17 
 L.R.A.(N.S.) 354. 
 
 Collateral attack on probate where decree 
 or will affirmatively shows matter be- 
 low testator's signature. 42 L.R.A. 
 (N.S.) 458. 
 
 24. proof of. 
 
 Necessity of proving by subscribing witness. 
 
 35 L.R.A. 321. 
 Proof of, when attesting witnesses are dead. 
 
 44 L.R.A. 142. 
 
 Proof of will where attesting witnesses have 
 forgotten circumstances attending 
 its execution. 44 L.R.A. 142; 51 
 L.R.A.(N.S.) 927. 
 
 Effect of adverse testimony of attesting wit- 
 nesses as to execution of will. 
 L.R.A.1916C, 1218. 
 
 Loss of eyesight of attesting witness pre- 
 venting his identification of instrument 
 or signature. L.R.A.1915E, 593. 
 
 25. Publication. 
 
 Requisites of publication of will. 
 825.* 
 
 8 L.R.A. 
 
 26. Attestation; attesting witnesses. 
 
 Evidence of attesting witness as to testat- 
 or's mental capacity, see supra, 15. 
 
 Proof of testator's signature by attesting 
 witnesses, see supra, 24. 
 
 Opinion of attesting witness as to testator's 
 sanity, see EVIDENCE, 192. 
 
 Admissibility of acts and declarations of at- 
 testing witness, see EVIDENCE, 232. 
 
 Validity of attestation of will through an 
 interpreter. L.R.A.1918B, 691. 
 
 Effect of fact that person who executed will 
 was not previouslv known to witness. 
 21 L.R.A.(N.S.) 531. 
 
 Collateral attack on probate where decree 
 or will affirmatively shows the will to 
 be invalid because of defects as to at- 
 testing witnesses. 42 L.R.A. (N.S.) 
 456. 
 
 27. necessity of witness. 
 
 Necessity of witness to holographic will. 
 14 L.R.A.(N.S.) 968. 
 
 28. competency of witnesses gen- 
 erally. 
 
 Trustee or member of charitable beneficiary 
 as witness to will. 36 L.R.A. 
 (N.S.) 504. 
 
 Effect of invalidity of bequest, occasioned 
 by interest of attesting witness, upon 
 rights of persons jointly or subsequently 
 entitled thereto. 4 B." R. C. 710. 
 
 WILLS, III. g cont'd 
 
 Competency, as an attesting witness, of of- 
 ficer or stockholder of a corporation 
 named as executor or trustee. L.R.A. 
 1916D, 185. 
 
 Minor witnesses to will. L.R.A.1916E, 695. 
 
 29. time of competency. 
 
 Is the competency of an attesting witness 
 to a will to be determined as of 
 the time of attestation or of pro- 
 bate, 35 L.R.A. (N.S.) 686. 
 
 30. signature of witnesess. 
 
 Necessity that witnesses see testator sign, 
 or that they see his signature. 38 
 L.R.A.(N.S.) 161. 
 
 When witness is deemed to subscribe in tes- 
 tators presence. 1 L.R.A. (N.S.) 393; 
 L.R.A.1916C, 950. 
 
 Signature of witnesses to will before tes- 
 tator signs it. 14 L.R.A. 160; 26 
 L.R.A. (N.S.) 1126; L.R.A.1916D, 1063. 
 
 Necessity that attesting witnesses be pres- 
 ent at the same time. L.R.A.1917F, 
 872. 
 
 Effect of witness not signing his true name. 
 L.R.A.1917D, 896. 
 
 31. attestation by mark. 
 
 By mark. 22 L.R.A. 372. 
 
 32. attestation clause. 
 
 Necessitv of attestation clause of will. 14 
 
 LJLA.(N.S.) 25o. 
 Signing of will at end of instrument where 
 
 name follows attestation clause. 17 
 
 L.R.A.(N.S.) 354. 
 
 h. Reformation; modification. 
 
 33. Generally. 
 
 Effect of mistake of law as to effect of will, 
 as ground of reformation. 28 L.R.A. 
 (N.S.) 870. 
 
 How far will modified by codicil. 1 L.R.A. 
 (N.S.) 397. 
 
 i. Revocation. 
 
 34. Generally. 
 
 Revival of prior will by revocation of later 
 
 one, see infra, 34. 
 Of particular legacies or devises, see infra, 
 
 126. 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 103. 
 
 Conflict of laws as to. '1 L.R.A. (N.S.) 464. 
 Partition deed as. 57 L.R.A. 339. 
 Presumption as to revocation of missing 
 will. 38 L.R.A'. 433. 
 
 35. Of joint or mutual wills. 
 
 Right to revoke joint or mutual will. 
 L.R.A. 291; 27 L.R.A. (N.S.) 508; 
 L.R.A.(N.S.) 1196. 
 
 38 
 37 
 
 Begin ivitJi this book on every Jaw question. 
 
 36. Of husband or wife. 
 
 Settlement of property rights between hus- 
 band and wife on account of divorce as 
 implied revocation of will. 20 L.R.A. 
 N.S.) 1073.
 
 INDEX TO L.R.A. NOTES. 
 
 1391 
 
 WILLS, in. i cont'd 
 
 37. by marriage and having chil- 
 dren. 
 
 Sufficiency of provision as to after-born child 
 to prevent revocation, see infra, 68. 
 
 Effect of marriage, followed by birth of 
 child, to revoke woman's will. 5 L.R.A. 
 (N.S.) 1084. 
 
 Removal of disabilities as affecting rule re- 
 garding revocation of woman's will by 
 marriage. L.R.A.1918B, 943. 
 
 Effect of statute making wife an heir of 
 husband upon rule that marriage alone 
 without birth of issue does not revoke 
 a man's will. 25 L.R.A. (N.S.) 182. 
 -Effect of statute making husband an heir 
 of wife upon rule that marriage alone, 
 without birth of issue, will not revoke 
 a woman's will. 34 L.R.A. (N.S.) 1021. 
 
 Adopted child as a "child" within statute 
 relating to revocation of will. 30 
 L.R.A.(N.S.) 916; L.R.A.1918F, 1083. 
 
 Collateral attack on probate where decree 
 or will affirmatively shows its revoca- 
 tion by testator's marriage. 42 L.R.A. 
 (N.S.) 457. 
 
 38. By subsequent will. 
 
 'General rules as to wills proper. 37 L.R.A. 
 
 561. 
 Modification of the general rules. 37 L.R.A. 
 
 567. 
 
 Rule applied to codicils. 37 L.R.A. 571. 
 Revocation as affected by invalidity of some 
 or all of the dispositive provisions of 
 the later will. L.R.A.1916C, 101. 
 Revocation of will by will defectively exe- 
 cuted or one executed when testator 
 is incompetent. L.R.A.1916C, 92. 
 Effect of later to revoke earlier will by im- 
 plication, where later will does not 
 dispose of whole estate. 6 B. R. C. 35. 
 Effect of unfulfilled intention to execute 
 new will upon presumptive revocation 
 of old. 2 B. R. C. 538. 
 
 39. By mutilation, destruction, can- 
 celation, etc. 
 
 Revival of earlier will by, see infra, 44. 
 
 Interlineations or changes by testator after 
 signing. 51 L.R.A. (N.S.) 169. 
 
 Subsequent ratification of unauthorized de- 
 struction as revocation of will. 2 B. R. 
 C. 550. 
 
 Burden of explaining erasures or alterations 
 appearing on face of will. 17 L.R.A. 
 (N.S.) 184. 
 
 Admissibility of declarations of testator on 
 issue of his intention in destroying his 
 will. 24 L.R.A.(N.S.) 180. 
 
 Revocation of a will by burning, tearing, 
 etc., upon making a new will or with 
 the intent to make a new will. L.R.A. 
 1918A, 914. 
 
 Cancelation or mutilation of will as affected 
 by invalidity of a second will. 6 L.R.A. 
 (N.S.) 1107. 
 
 Consult also L.R.A. Digests of Cases. 
 
 WILLS, III. i-^:ont'd 
 
 40. revocation of part of will by. 
 
 Attempt to revoke portions of a will by 
 burning, tearing, canceling, ob- 
 literating, or destroying. 38 L.R.A. 
 (N.S.) 797. 
 
 41. Effect of interference with. 
 
 Effect upon will itself in the absence of a 
 statute requiring certain formali- 
 ties as to revocation. 41 L.R.A. 
 (N.S.) 105. 
 
 Effect upon right of legatees or devisees to 
 take. 41 L.R.A. (N.S.) 109. 
 
 42. Who may revoke. 
 
 Power of one lacking testamentary capacity, 
 to revoke will. 18 L.R.A. (N.S.) 99. 
 
 j. Revival. 
 
 43. Generally. 
 
 Of revoked will. 37 L.R.A. 575. 
 
 44. By revocation or destruction of 
 later will. 
 
 Revival of former will. 37 L.R.A. 575; 14 
 L.R.A. (N.S.) 937; 37 L.R.A.(N.S.) 
 291. 
 
 Revival of former codicil. 37 L.R.A. 579. 
 
 fc. What may be devised or bequeathed. 
 
 45. Generally. 
 
 Custody of child, see INFANTS, 7. 
 
 Right of entry for condition broken as 
 subject of a devise. 60 L.R.A. 762. 
 
 Burial lot as subject of devise. 67 L.R.A. 
 121. 
 
 Right of entrvman to devise claim or inter- 
 est in public lands. 34 L.R.A. (N.S.) 
 397. 
 
 Contingent remainder as subject of devise 
 by remainderman. 21 L.R.A. (N.S.) 
 121. 
 
 Applicability to devise, of rule against con- 
 veyance of land held adversely. 35 
 L.R.A.(N.S.) 734. 
 
 Law governing validity of testamentary 
 disposition of leasehold property. 7 
 B. R. C. 459. 
 
 46. Interest in insurance policy. 
 
 Power of insured to destroy rights of bene- 
 ficiary by bequeathing policy. 49 L.R.A. 
 748, 752. 
 
 Right to change beneficiary in policy by 
 will. 4 L.R.A.(N.S.) 939. 
 
 Bequest of policy of insurance or proceeds 
 thereof as a specific legacy. 7 L.R.A. 
 (N.S.) 592. 
 
 Right to designate by will the beneficiary of 
 benefit insurance. 42 L.R,A.(N.S.) 
 1161. 
 
 I. Probate. 
 1. In general. 
 
 47. Generally. 
 
 Contest of, see infra, 57.
 
 1392 
 
 INDEX TO L.R.A. NOTES. 
 
 WILLS, III. 1, 1 cont'd 
 
 Courts of probate jurisdiction, see COUBTS, 
 
 34. 
 Evidence on, generally, see EVIDENCE, 39, 
 
 189-193, 230, 254, 291, 292, 2,3. 
 Effect and conclusiveness of probate, see 
 
 JUDGMENT, 25, 69. 
 
 Probate of will as evidence. L.R.A.1917E, 
 533. 
 
 Pendency of probate proceedings in both 
 state and Federal courts. 42 L.R.A. 
 460. 
 
 Limitation of estate upon probate of will 
 as a violation of the rule against per- 
 petuities. 10 L.R.A. (N.S.) 564. 
 
 Validity of agreement to defeat probate of 
 will. 16 L.R.A. (N.S.) 236; 43 
 L.R.A.(N.S.) 575. 
 
 Validity and effect of stipulation of inca- 
 pacity of testator. 23 L.R.A. (N.S.) 783. 
 
 Is competency of attesting witness to a will 
 to be determined as of time of attesta- 
 tion or of probate. 35 L.R.A.(N.S.) 
 686. 
 
 Constitutionality of tax or fee as condition 
 of probate. 50 L.R.A. (N.S.) 997. 
 
 Constitutionality of succcession taxes with 
 respect to jurisdiction of probate 
 courts. 33 L.R.A.(N.S.) 600. 
 
 Collateral attack on probate where the de- 
 cree or the will affirmatively shows 
 that the will is invalid. 42 L.R.A. 
 (N.S.) 454. 
 
 48. Contents of will as affecting 
 right to probate. 
 
 Probate limited to factum. 34 L.R.A. (N.S.) 
 
 965. 
 Will at least valid in part. 34 L.R.A. 
 
 (N.S.) 968. 
 Where invalidity may be total. 34 L.R.A. 
 
 (N.S.) 969. 
 More than one instrument. 34 L.R.A. (N.S.) 
 
 970. 
 Limited or partial probate. 34 L.R.A. 
 
 (N.S.) 971. 
 Charitable gifts as affected by date of will, 
 
 etc. 34 L.R.A.(N.S.) 975. 
 Joint or mutual wills. 34 L.R.A. (N.S.) 
 
 976. 
 Miscellaneous. 34 L.R.A.(N.S.) 976. 
 
 49. Of joint or mutual wills. 
 
 Two wills in one instrument. 38 L.R.A. 
 
 289. 
 
 Right to revoke. 38 L.R.A. 291. 
 Joint wills to operate on survivor's death. 
 
 38 L.R.A. 292. 
 Contents of, as affecting right to probate. 
 
 34 L.R.A.(N.S.) 976. 
 
 50. Probate of part of will. 
 
 Limited or partial probate. 34 L.R.A. (N.S.) 
 971. 
 
 May the part of a lost or destroyed will 
 which can be established, be admitted 
 to probate where there are other por- 
 
 tions that cannot 
 L.R.A. (N.S.) 654. 
 
 be established. 26 
 
 Begin with this fooofc on every law question. 
 
 WILLS, III. 1, 1 cont'd 
 
 May part of a will be set aside for lack of 
 testamentary capacity or undue in- 
 fluence and the remainder upheld. 41 
 L.R.A.(N.S.) 1126. 
 
 51. Effect of delay in probating. 
 
 Generally. 57 L.R.A. 253. 
 
 Where the estate is sold or mortgaged by; 
 
 the heirs. 57 L.R.A. 255. 
 Where the devisees are under disabilities^ 
 
 57 L.R.A. 257. 
 
 Where the will is concealed, lost, or de- 
 stroyed. 57 L.R.A. 258. 
 Estoppel. 57 L.R.A. 260. 
 Second wills and codicils. 57 L.R.A. 261.. 
 Suspension of probate proceedings. 57 
 
 L.R.A. 262. 
 Probate in solemn form and second probate. 
 
 57 L.R.A. 262. 
 
 Wills from other states. 57 L.R.A. 263. 
 Statutory limitations. 57 L.R.A. 264. 
 Right to probate will after distribution 01. 
 
 property as intestate. 36 L.R.A. (N.S.) 
 
 89. 
 
 52. Practice; procedure. 
 
 Evidence of attesting witnesses as to testa- 
 mentary capacity, see supra, 15. 
 
 Proof of testator's signature, see supra, 
 24. 
 
 Evidence to establish lost or der+royed will. 
 
 38 L.R.A. 433. 
 
 Admissibility in probate courts of copies of 
 records of other states. 5 L.R.A. (N.S.) 
 948. 
 
 Necessity of procuring depositions of at- 
 testing witnesses to will who are 
 beyond the jurisdiction of the 
 court. 47 L.R.A. (N.S.) 722. 
 Necessity and sufficiency of proof to ac- 
 count for nonproduction of will 
 upon application to probate it as 
 a lost or destroyed will. 50 L.R.A. 
 (N.S.) 861. 
 
 53. notice. 
 
 Notice of distribution in probate proceed- 
 ings as jurisdictional. 37 L.R.A. (N.S. ) 
 368. 
 
 Right to probate will on service of notice 
 by publication. 35 L.R.A. (N.S.) 1058. 
 
 54. withdrawal of proceedings. 
 
 Right to dismiss or withdraw proceedings 
 to probate a will or issues thereunder. 
 19 L.R.A.(N.S.) 321. 
 
 55. Revocation of; setting aside. 
 
 Who may sue or take other proceedings ta 
 set aside decree of probate. 54 L.R.A. 
 761. 
 
 Remedy of preterinitted heirs to have pro- 
 bate set aside. 37 L.R.A. (N.S.) 1144. 
 
 Revocation of probate as termination of ap- 
 pointment of administrator c. t. a. 21 
 L.R.A.(N.S.) 975.
 
 INDEX TO L.R.A. NOTES. 
 
 1393 
 
 WILLS, III. 1 cont'd 
 
 2. Foreign wills. 
 
 56. Generally. 
 
 Effect and collusiveness of, see JUDGMENT, 
 69. 
 
 Presumption as to probate of will in other 
 
 state. 48 L.R.A. 136. 
 Jurisdiction to admit to probate will not 
 
 WILLS, IV. cont'd 
 
 Writing name in body of holographic will 
 as a signature thereto. 29 L.R.A. (N.S.) 
 64; 46 L.R.A. (N.S.) 552; L.R.A. 
 1917D, 632. 
 
 Violation of requirement that holographic 
 will shall be written by testator. 26 
 L.R.A.(N.S.) 1145; L.R.A.1917F, 393. 
 
 Necessity of witnesses to an holographic 
 14 L.R.A. (N.S.) 968. 
 
 probated at 
 L.R.A. (.X.S.) 
 
 testator's 
 658. 
 
 domicil. 33 I 
 
 ., . K1 , 
 ^ hat 1S last 
 
 Ancillary probate at testator's domicil after 
 probate in other jurisdiction. 1 L.R.A. 
 (N.S.) 996. 
 
 in. Contests. 
 
 57. Generally. 
 
 Provision for forfeiture by contesting will, 
 
 see infra, 86. 
 Evidence on, see EVIDENCE, 39, 189-193, 
 
 254, 291, 292, 298. 
 
 Who may contest will. L.R.A.1918A, 447. 
 
 Right of state to contest, so as to escheat 
 the property. 2 L.R.A. (N.S.) 643. 
 
 Validity of contract not to contest probate 
 of. 13 L.R.A.(N.S.) 484. 
 
 Right to dismiss or withdraw proceedings 
 to contest a will or issues thereunder. 
 19 L.R.A.(N.S.) 121. 
 
 Validity of agreement that costs of con- 
 testing a will shall be paid out of the 
 estate. 2 B. R. C. 633. 
 
 Right of executor to allowance for attor- 
 neys' fees for services rendered \ in at- 
 tempt to establish or resist attack up- 
 on will. 26 L.R.A.(N.S.) 757; L.R.A. 
 1917A, 450. 
 
 Comparison of marks and spelling of- dis- 
 puted will. 65 L.R.A. 95. 
 
 11. Codicils. 
 
 58. Generally. 
 
 How far will modified by. 1 L.R.A. (N.S.) 
 
 397. 
 
 Revocation of prior will by. 37 L.R.A. 571. 
 Revocation of codicil as affecting will. 46 
 
 L.R.A. (N.S.) 983. 
 Effect of republication of will by codicil to 
 
 incorporate extrinsic document into 
 
 will. 68 L.R.A. 381. 
 Effect of signature to codicil of will not 
 
 signed at the end. 17 L.R.A. (N.S.) 
 
 357. 
 
 Effect of delay in probating. 57 L.R.A. 261. 
 Who may contest will as affected dy 
 
 codicil. L.R.A.1918A, 452. 
 
 IV. Holographic; nuncupative. 
 
 59. Generally. 
 
 Revocation of previous will by. 37 L.R.A. 
 
 566. 
 Soldiers' and seamen's wills. 4 B. R. C. 
 
 899. 
 
 Dating holographic will. L.R.A.1916E, 503. 
 Consult also L.R.A. Digests of Cases. 88 
 
 cupative will. 
 
 permitting a nun- 
 13 L.R.A. (N.S.) 1092. 
 
 Sufficiency of showing that paper offered as 
 
 a holographic will was intended as such. 
 
 33 L.R.A. (N.S.) 1018. 
 Custody of holographic will. 37 L.R.A. 
 
 (N.S.) 842. 
 Collateral attack on probate where decree or 
 
 will affirmatively shows the will to be 
 
 invalid for defects as to witnesses. 42 
 
 L.R.A.(N.S.) 456. 
 Proof by holographic will where attesting 
 
 witnesses have forgotten circumstances 
 
 attending its execution. 51 L.R.A. 
 
 (N.S.) 949. 
 Effect of adverse testimony of attesting wit- 
 
 nesses as to execution of holographic 
 
 will. L.R.A.1916C, 1234. 
 Devise of real property by nuncupative will. 
 
 L.R.A.1916E, 1132. 
 
 V. Devise and legacy. 
 
 a. Construction, validity, and effect, 
 generally. 
 
 60. Generally. 
 
 Charitable bequests, see CHARITIES. 
 
 Bequest for masses, see MASSES. 
 
 Bequest for support of minister, see RE- 
 
 IJGIOUS SOCIETIES, 8. 
 Conflict of laws as to, see CONFLICT or 
 
 LAWS, 35. 
 
 Transfer of cotenant's interest by, see CO- 
 TENANCY, 12. 
 
 As to perpetuities, see PERPETUITIES. 
 As to inheritance tax, see TAXES, 90- 
 
 105. 
 Creation of trust by, generally, see TRUSTS, 
 
 II. 
 Creation of secret trust by will, see TRUSTS, 
 
 8. 
 Creation of precatory trusts by, see TRUSTS, 
 
 9. 
 
 Law governing construction of will. 2 
 L.R.A.(N.S.) 443. 
 
 Duty of executor to inform legatee of terma 
 of legacy. 6 B. R. C. 104. 
 
 Right of child in homestead of parent as af- 
 fected by will. 56 L.R.A. 38. 
 
 Devise or legacy reciting consideration as 
 acknowledgment affecting bar of limita- 
 tions. 1 L.R.A. (N.S.) 1117. 
 
 Provision in will directing deduction of 
 debts from sharps of legatees, as re- 
 quiring deduction of statute-barred 
 debt. 4 B. R. C. 727. 
 
 Bringing advancements into hotchpot where 
 will directs a distribution as in case 
 of intestacy. 4 B. R. C. 278.
 
 1394 
 
 INDEX TO L.R.A. NOTES. 
 
 WILLS, V. a cont'd 
 
 Effect of invalidity of bequest occasioned 
 by interest of attesting witness upon 
 rights of persons jointly or subsequent- 
 ly entitled thereto. 4 B. R. C. 710. 
 
 Marketability of title where construction of 
 will is involved. 38 L.R.A.(N.S.) 17. 
 
 Marketability of title based on exercise of 
 power of sale in will. 38 L.R.A. (N.S.) 
 18. 
 
 Federal courts following state decisions as 
 to construction and effect of. 40 L.R.A. 
 (N.S.) 430. 
 
 61. Ambiguities; omissions; extrin- 
 sic evidence. 
 
 As to testator's intention, see infra, 65. 
 Ambiguities in discription of land conveyed, 
 
 see infra, 67. 
 Parol evidence as to testator's intention, 
 
 see EVIDENCE, 167. 
 Admissibility of acts and declarations of 
 
 testator, see EVIDENCE, 230. 
 
 Extrinsic evidence to establish identity of 
 legatee or devisee. 47 L.R.A. (N.S.) 
 514. 
 Parol evidence of mistake in description of 
 
 land devised. 16 L.R.A. 321. 
 May beneficiary be put to his election by 
 extrinsic evidence of testator's inten- 
 tion. 28 L.R.A.(N.S.) 657. 
 
 6. Implication; repugnancy. 
 
 62. Implication. 
 
 Bequests or devise by implication. 10 
 L.R.A. 816;* 11 L.R.A. 185;* 15 L.R.A. 
 (N.S.) 73; L.R.A.1917A, 1213. 
 
 Effect of limitation over in case the person 
 to whom property is given in the 
 first instance dies without lineal 
 descendants, issue, children, heirs 
 of the body, etc., to give to his 
 issue an interest by implication 
 either by way of remainder, execu- 
 tory devise, or substitutional gift. 
 61 L.R.A. (N.S.) 485. 
 
 63. Repugnancy. 
 
 As to nature of estate or interest created, 
 see infra, 78. 
 
 c. Intention of testator. 
 
 64. Generally. 
 
 Frustration of, see supra, 3. 
 
 Effect of frustrating decedent's intention, 
 
 see supra, 6. 
 Presumption and burden of proof as to, see 
 
 EVIDENCE, 42. 
 Parol evidence as to, see EVIDENCE, 167. 
 
 Sufficiency of showing that paper offered as 
 
 holographic will was intended as such. 
 
 33 L.R.A.(N.S.) 1018. 
 Of testator misdescribing the land. 6 
 
 L.R.A. (N.S.) 963; L.R.A.1915E, 1008. 
 Effect of unfulfilled intention to execute 
 
 new will on presumptive revocation of 
 
 old one. 2 B. R. C. 538. 
 
 WILLS, V. c cont'd 
 
 Of testator that fee simple shall pass 
 though words of limitation not used. 
 2 L.R.A.(N.S.) 183. 
 
 Expression of intention to make provision 
 for family as affecting estate taken by 
 beneficiaries of trust, in the absence of 
 any express definition thereof. 17 
 L.R.A.(N.S.) 1215. 
 
 Bequest of stocks, bonds, or notes as gen- 
 eral or specific as depending upon tes- 
 tator's intent. 11 L.R.A.(N.S.) 67. 
 
 Effect of testator's intention in devise to 
 religious societv for specific uses. 11 
 L.R.A. (N.S.) 515. 
 
 Of testator as to adeeming general legacy to 
 donee by gift. 38 L.R.A. (N.S.) 588; 
 L.R.A.1916C, (>18. 
 
 Effect of rule in Shelley's Case on intent. 
 29 L.R.A.(N.S.) 3039. 
 
 As to time to which contingency of death 
 of legatee or devisee without child or 
 issue on which a gift is conditioned is 
 referable. 25 L.R.A. (X.S.) 1045. 
 
 65. Evidence as to. 
 
 Declarations of testator as admissible on 
 issue of his intent in destroying will. 
 24 L.R.A.(X.S.) 180. 
 
 Competency of scrivener or draftsman to 
 testify to his own or the testator's in- 
 tention. 38 L.R.A.(N.S.) 91. 
 
 Admissibility of extrinsic circumstances in 
 ascertaining testator's intention as to 
 disinheriting after born child. 13 
 L.R:A.(N.S.) 781. 
 
 May beneficiary be put to election by extrin- 
 sic evidence of testator's intention. 28 
 L.R.A.(N.S.) 657. 
 
 d. Description of pr6perty devised or 
 
 bequeathed. 
 
 66. Generally. 
 
 Devises or bequests in severalty of un- 
 designated parcels of property to dif- 
 ferent persons. 41 L.R.A. (N.S.) 1049. 
 Failure to mention or identify the subject- 
 matter of a devise or bequest. 36 
 L.R.A.(N.S.) 618. 
 
 Bequest of "the rest of my money" as com- 
 prehending entire residuary estate. 4 
 B. R. C. 548. 
 
 67. Mistake in description. 
 
 Parol evidence of mistake in description of 
 land devised. 16 L.R.A. 321. 
 
 Correction of misdescription of land in will. 
 6 L.R.A. (N.S.) 943; L.R.A.1915E, 
 1008. 
 
 e. After born children not mentioned; 
 
 disinheriting. 
 
 68. Generally. 
 
 Capacity of after born child to take, see 
 
 infra, 70. 
 Choice of remedy of pretermitted heirs, see 
 
 Begin with this fooo/c on every law question. 
 
 ELECTION OF REMEDIES, ' 6.
 
 INDEX TO L.R.A. NOTES. 
 
 1395 
 
 WILLS, V. e cont'd 
 
 Decrees invalidating wills affecting rights 
 of persons not in being. 8 L.R.A. (N.S.) 
 65. 
 
 Omission of children from will as affecting 
 right 'to probate. 34 L.R.A. (N.S.) 966. 
 
 Conflict of laws as to disinheriting. 2 
 L.R.A. (N.S.) 459. 
 
 Admissibility of extrinsic evidence as to 
 whether omission of child from will was 
 intentional. 51 L.R.A. (N.S.) 646. 
 
 Sufficiency of provision as to after-born 
 child to prevent revocation of will. 
 43 L.R.A.(N.S.) 1195. 
 
 Admissibility of extrinsic circumstances in 
 ascertaining intention of testator in re- 
 spect to disinheriting an after born 
 child. 13 L.R.A.(N.S.) 781. 
 
 Right of adopting parent to disinherit 
 adopted child. L.R.A.1916D, 424. 
 
 -Right to disinherit illegitimate or legiti- 
 mated child. L.R.A.1918A, 45. 
 
 /. Description of beneficiaries; ivho 
 may tahe. 
 
 69. Generally. 
 
 Revise to one and his heirs, issue, children, 
 
 etc., see infra, 82. 
 Estate taken under gift to several, see 
 
 infra, 96-98. 
 Hight of one committing homicide to take 
 
 under will of victim, see DESCENT AND 
 
 DISTRIBUTION, 8. 
 
 Meaning of torm "natural heirs." 45 L.R.A. 
 (N.S.) 1163. 
 
 Meaning of devise to "nearest male heirs." 
 7 B. R. C. 982. 
 
 Does widow come within the term "heirs." 
 L.R.A.1918A, 1108. 
 
 Meaning of "next of kin." 15 L.R.A. 300. 
 
 Right of persons claiming through de- 
 ceased relative to participate with 
 those standing in equal degree of 
 relationship with such relative, in 
 provision for "next of kin," etc. 
 28 L.R.A.(N.S.) 479. 
 
 Do terms "child," "children," "issue," etc., 
 in a will, include adopted children. 27 
 L.R.A.(N.S.) 1158; L.R.A.1918B, 123. 
 
 Right of adopted children under will. 17 
 L.R.A. 437. 
 
 Who takes under gift to "husband," "wife" 
 or "widow." 33 L.R.A.(N.S.) 816. 
 
 Devise or bequest to one described as "hus- 
 band," "wife," or "widow," as affected 
 by illegality or nonexistence of mar* 
 riage. L.R.A.1971B, 1153. 
 
 Who are relatives or relations. 13 L.R.A. 
 37; 14 L.R.A. 342. 
 
 Inheritance by illegitimate under will. 23 
 L.R.A. 754. 
 
 Enlargement of class by testator's exclusion 
 therefrom of persons who prima facie 
 would not fall within its description. 
 L.R.A.1916F, 790. 
 
 <Jift to one who shall have rendered speci- 
 fied services to testator or another, as 
 void for uncertainty. L.R.A.1917C, 
 600. 
 
 Consult also L.R.A. Digests of Cases. 
 
 WILLS, V. f cont'd 
 
 Extrinsic evidence to establish identity of 
 
 legatee or devisee. 47 L.R.A. (N.S.) 
 
 514. 
 
 70. Unborn children. 
 
 Capacity of child en venire sa mere to take 
 under devise or bequest to "chil- 
 dren," etc. 1 B. R. C. 582. 
 
 fir. Capacity of legatee or devisee,' re- 
 strictions on charitable gifts. 
 
 71. Generally. 
 
 Conflict of laws as to. 2 L.R.A. (N.S.) 
 456. 
 
 Applicability of statutes limiting time or 
 amount of bequests or devises for chari- 
 table, educational, or other specific pur- 
 poses, to devise or bequest to an in- 
 dividual absolutely, in the hope that he 
 will devote it to such purpose. 22 
 L.R.A. (N.S.) 1262. 
 
 72. Restriction on power of corpora- 
 tion or association to take. 
 
 Conflict of laws as to. 2 L.R.A.(N.S.) 456. 
 
 Effect of subsequent incorporation to make 
 valid a gift to an unincorporated as- 
 sociation. 14 L.R.A. 410. 
 
 Validity of bequest to corporation of its 
 own stock. 18 L.R.A. 255. 
 
 73. who may question power. 
 
 Right of private person to contest power of 
 corporation to take or hold property 
 under a will. 32 L.R.A. 297; 46 L.R.A. 
 (N.S.) 73. 
 
 Right to question power of corporation to 
 take by will property in excess of its 
 charter authority. 9 L.R.A. (N.S.) 689; 
 44 L.R.A.(N.S.) 544. 
 
 Who may take advantage of statute ren- 
 dering foreign corporation incapable 
 of taking title to real estate. 33 L.R.A. 
 (N.S.) 355. 
 
 h. What property passes. 
 
 74. Generally. 
 
 What property passes under deed, see 
 DEEDS, 21-27. 
 
 What is appurtenant to land for the pur- 
 poses of wills. 15 L.R.A. 654. 
 
 Devise or bequest of property as passing 
 good will of business conducted in con- 
 nection with such property. 16 L.R.A. 
 (N.S.) 240. 
 
 What passes under devise or bequest of 
 store, shop, or business. L.R.A.1917D, 
 435. 
 
 Devise as carrying visible easement. 38 
 L.R.A.(N.S.) 882. 
 
 Meaning of word "effects" in a will. 
 
 L.R.A.1918F, 769. 
 
 Real estate as "effects" in a will. 12 
 L.R.A.(N.S.) 661; L.R.A.1918F, 
 775. 
 
 Where, by the provisions of a will, upon 
 the failure of a gift of a share in the 
 residue the share is to fall back into 
 the residue, does it become intestate 
 property to the extent of the propor- 
 tionate share of the first taker thereof. 
 3 B. R. C. 156.
 
 1396 
 
 INDEX TO L.R.A. NOTES. 
 
 WILLS, V. li cont'd 
 
 Bequest of "the rest of my money" as com- 
 prehending entire residuary estate. 4 
 B. R. C. 548. 
 
 Do stock dividends or dividends in stock of 
 other corporations declared before tes- 
 tator's death, pass to legatee of original 
 stock. L.R.A.1918B, 666. 
 Construction of word "things" as used in 
 
 devise or legacy. L.R.A.1918A, 222. 
 Sufficiency of bequest to pass bank deposit. 
 
 5 B. R. C. 539. 
 
 What passes under bequest of contents of, 
 or property, effects, etc., contained 
 in, a place or receptacle. L.R.A. 
 1915C, 653. 
 
 When will the appointment of a "residuary 
 legatee" amount to a gift of undis- 
 posed of realty. 5 B. R. C. 141. 
 Devolution of lapsed legacy or devise where 
 will contains residuary clause. 44 
 L.R.A.(N.S.) 789. 
 
 75. Right to proceeds of land under 
 a devise. 
 
 Generally. 58 L.R.A. 719. 
 
 Land voluntarily conveyed by testator. 58 
 
 L.R.A. 720. 
 Land taken from testator by compulsory 
 
 proceedings. 58 L.R.A. 720. 
 
 i. Partial intestacy. 
 
 76. Generally. 
 
 Election to take under will as affecting 
 right to take property not disposed of 
 by will. L.R.A.1937D, 762. 
 
 j. Nature of estate or interest created. 
 1. In general. 
 
 77. Generally. 
 
 Under deed, see DEEDS, 28-31. 
 As to trusts generally, see TRUSTS. 
 Creation of trust by will, see TRUSTS, II. 
 
 Meaning and effect of term "lend" or "loan" 
 employed in will. L.R.A.1915D, 
 497. 
 
 Necessity of word "heirs" in devise in trust 
 to pass fee to trustee. 2 L.R.A. (N.S.) 
 172. 
 
 Right of husband under a devise and be- 
 quest to others subject to the "legal 
 rights" of the husband. 2 L.R.A. (N.S.) 
 1193. 
 
 Expression of intent to make provision for 
 family as affecting estate taken by 
 beneficiaries of trust in absence of any 
 express definition thereof. 17 L.R.A. 
 (N.S.) 1215. 
 
 Effect of reference to extrinsic document to 
 control or modify the character of the 
 estate that would otherwise pass under 
 instrument. 8 L.R.A. (N.S.) 1038. 
 
 2. Repugnancy. 
 
 78. Generally. 
 
 Devise absolutely; effect of subsequent gift 
 over. 5 L.R.A. (N.S.) 323. 
 
 Begin with this feoofc on every la\v question. 
 
 WILLS, V. j, 2 cont'd 
 
 Effect of videlicit following devise to re- 
 strict estate given to first taker. 35 
 L.R.A. (N.S.) 191. 
 
 Validity of restraint on the alienation of 
 a fee' simple during a limited time. 
 3 L.R.A. (N.S.) 668. 
 
 Validity of restraints on alienation of legal 
 life estates. L.R.A.1918E, 571. 
 
 3. Life or fee. 
 
 79. Generally. 
 
 Effect of repugnant clause, see supra, 78. 
 Under deed, see DEEDS, 29. 
 
 Devise or bequest to one and his children as- 
 giving the children an estate jointly or 
 in common with the parent, or a re- 
 mainder upon a life estate in the par- 
 ent. L.R.A.1917B, 49. 
 
 80. Power to consume or dispose of 
 chattels consumable by use. 
 
 Right of one to whom estate is devised for 
 life, with power to consume, to convey 
 a good title. 13 L.R.A. (N.S.) 458. 
 
 Power of disposition bestowed on devisee aa 
 indicative of quantum of estate intend- 
 ed to be devised. 18 L.R.A. (N.S.) 463 r 
 
 Effect of bequest for life of chattels con- 
 sumable in the use. 16 L.R.A. (N.S. ) 
 483. 
 
 81. effect of, on remainder over 
 
 after life estate. 
 
 Power to create remainder after life estate- 
 with absolute power of disposal. 
 6 L.R.A. (N.S.) 1186; 39 L.R.A. 
 (N.S.) 805. . 
 
 Remainder after devise or bequest for life 
 with power of disposition. 1 L.R.A. 
 (N.S.) 782. 
 
 4. Rule in Sheltey's Case. 
 
 82. Generally. 
 
 Rule in Shelley's Case as applied to deeds,, 
 see DEEDS, 30. 
 
 As affecting estate by entireties. 30 L.R.A. 
 
 312. 
 The facts and the law of Shelley's Case. 
 
 29 L.R.A.(N.S.) 968. 
 Definitions of term used. 29 L.R.A. (N.S.) 
 
 970. 
 Varying statements of the rule. 29 L.R.A. 
 
 (N.S.) 973. 
 
 Antiquity of the rule; Perrin v. Blake con- 
 troversy. 29 L.R.A. (N.S.) 977. 
 Supposed objects of the rule. 29 L.R.A. 
 
 (N.S.) 979. 
 Reasonableness of rule. 29 L.R.A. (N.S.) 
 
 988. 
 Operation and effect of rule. 29 L.R.A. 
 
 (N.S.) 993. 
 
 Requisites of rule. 29 L.R.A. (N.S.) 1000. 
 Estates to which rule applies. 29 L.R.A. 
 
 (N.S.) 1021. 
 Application of rule to wills and deeds. 
 
 29 L.R.A. (N.S.) 1038. 
 Effect of rule on intention. 29 L.R.A. (N.S.) 
 
 1039. 
 Unqualified limitations. 29 L.R.A. (N.S.) 
 
 1069.
 
 INDEX TO L.R.A. NOTES. 
 
 1397 
 
 M'lLLS, V. j, 4 cont'd 
 
 Qualified limitations. 29 L.R.A. (N.S.) 1077. 
 
 Limitations over. 29 L.R.A. (N.S.) 1110. 
 
 Limitations to children. 29 L.R.A. (N.S.) 
 1123. 
 
 Miscellaneous limitations. 29 L.R.A. (N.S.) 
 1134. 
 
 Executory trusts. 29 L.R.A. (N.S.) 1136. 
 
 Application of rule to limitations of per- 
 sonal property. 29 L.R.A. (N.S.) 1146. 
 
 Abolition of rule by statute. 29 L.R.A. 
 (N.S.) 1158. 
 
 Conveyance of fee by devise to one and his 
 or her child or children. 4 L.R.A. 
 (N.S.) 948. 
 
 ""Children" as word .of purchase or limita- 
 tion. 12 L.R.A.(N.S.) 283. 
 
 Effect upon rule in Shelley's Case, of ex- 
 press prohibition against conveyance or 
 encumbrance of property by life tenant. 
 7 L.R.A.(N.S.) 1109. 
 
 Effect of provision in bequest of personalty 
 that, upon the death of the first taker, 
 the property shall go to his "heirs," to 
 create an absolute title in him. 4 
 L.R.A.(N.S.) 470. 
 
 5. Restrictions and conditions. 
 
 % 83. Generally. 
 
 Contingent interests, see infra, 99-102. 
 
 Character of estate created by grant, lease, 
 or devise of property to person so long 
 as he shall desire to live upon it, or 
 devote it to a particular use. 21 L.R.A. 
 (N.S.) 575. 
 
 Character, as creating a condition prece- 
 dent or subsequent, of testamentary 
 provision that beneficiary shall as- 
 sume or use a certain name. 7 B. R. 
 C. 192. 
 
 Provision in devise for payment of a sum of 
 money, or for the support of a third 
 person, as a condition subsequent or a 
 condition precedent. L.R.A.1917A, 
 617. 
 
 Validity of bequest on condition of adher- 
 ing to, or renouncing, particular re- 
 ligious belief. 5 L.R.A. (N.S.) 804. 
 
 Validity of provision that money shall be 
 payable to obligee only and not to his 
 estate. 17 L.R.A. (N.S.) 1239. 
 
 Effect upon remainder of forfeiture of life 
 estate for breach of condition subse- 
 quent. 21 L.R.A. (N.S.) 605. 
 
 Devises or bequests conditioned upon di- 
 vorce or separation or limited upon its 
 continuance. 49 L.R.A. (N.S.) 637. 
 
 Devise or legacy conditioned on conduct of 
 person other than the beneficiary. 
 L.R.A.1918E, 372. 
 
 5 84. Specifying use of devise to re- 
 ligious society. 
 
 Effect of specifying use of real estate in de- 
 vise to religious societv. 11 L.R.A. 
 (N.S.) 509. 
 
 Effect of provision directing the particular 
 purposes to which property granted or 
 devised to or for the benefit of a re- 
 ligious or charitable organization shall 
 be devoted. 7 L.R.A. (N.S.) 1119. 
 Consult also L.R.A. Digests of Cases. 
 
 WILLS, V. j, 5 cont'd 
 
 85. In restraint of marriage. 
 
 Construction and validity of restraints on 
 
 marriage. 4 R. R. C. (54. 
 Validity and effect of conditions requiring 
 consent to marriage of legatee or dev- 
 isee. L.R.A.1917D, 468. 
 Validity of provision for person while un- 
 married. 2 L.R.A. (N.S.) 545. 
 Meaning of words "unmarried," and "with- 
 out having been married," in will. 15 
 L.R.A. 292. 
 
 Validity and construction of conditions 
 against marriage with a certain per- 
 son, or a particular class of persons. 
 L.R.A.1917A, 44. 
 
 Validity as affected by fact that the gift 
 to which it relates is to a daughter or 
 other female relative. 49 L.R.A.(N.S.) 
 606. 
 
 Validity of condition in restraint of mar- 
 riage as affected by fact that a 
 breach entails only a partial for- 
 feiture. 49 L.R.A. (N.S.) 627. 
 Provision in restraint of marriage in a 
 deed or will as a condition or a limi- 
 tation. 49 L.R.A. (N.S.) 615. 
 Effect of testamentary provision restricting 
 widow to enjoyment during widow- 
 hood, upon quantum of estate tak- 
 en by her. 28 L.R.A. (N.S.) 1093; 
 L.R.A.1918C, 861. 
 
 86. Provision for forfeiture by con- 
 testing. 
 
 Validity of the condition. 68 L.R.A. 447. 
 Operation. 68 L.R.A. 449. 
 Exceptions to operation. 68 L.R.A. 451. 
 What amounts to breach of condition. 68 
 
 L.R.A. 454; 21 L.R.A.(N.S.) 953; 
 39 L.RJMN.S.) 1160. 
 
 What amounts to a contest within forfei- 
 ture clause in will. 21 L.R.A. (N.S.) 
 953; 39 L.R.A.(N.S.) 1160. 
 
 Parties entitled to assert forfeiture. 68 
 L.R.A. 455. 
 
 Waiver of forfeiture. 68 L.R.A. 455. 
 
 Condition against contest in connection 
 with the doctrine of election. 68 L.R.A. 
 456. 
 
 87. Restraint on alienation. 
 
 Repugnancy between gift of fee and re- 
 straint on alienation, see supra, 78. 
 
 Restriction of alienation as affected by rule 
 against perpetuities or suspension of 
 alienation, see PERPETUITIES. 
 
 Validity of limitation upon power of aliena- 
 tion imposed upon devise of equit- 
 able estate to married woman. 28 
 L.R.A.(N.S.) 426; L.R.A.1917A, 
 679. 
 
 Validity of restraint on alienation of a fee 
 simple during a limited time. 3 L.R.A. 
 (N.S.) 668. 
 Validity of restraints on alienation of legal 
 
 life estates. L.R.A.1918E, 571. 
 Effect on prior takers of failure to gift be- 
 cause it violates the rule against per- 
 petuities. 20 L.R.A. 509.
 
 ]398 
 
 INDEX TO L.R.A. NOTES. 
 
 WILLS, V. j, 5 cont'd 
 
 88. Satisfaction of condition. 
 
 Will court determine whether condition in 
 devise or bequest as to good conduct or 
 character of beneficiary lias been satis- 
 fied, where that duty has been imposed 
 on no one else. 25 L.R.A. (N.S.) 424. 
 
 Right of court to control discretion vested 
 by will in one person to determine 
 whether or when another is fit to re- 
 ceive legacy or devise. 25 L.R.A. (N.S.) 
 421. 
 
 Performance of condition in restraint of 
 marriage. 4 B. R. C. 190. 
 
 89. Involuntary breach of condition. 
 
 Effect of fact that breach of condition in 
 devise or legacy relating to con- 
 duct of legatee or devisee is in- 
 voluntary on latter's part. 27 
 L.R.A.(N.S.) 684; L.R.A.1915A, 91. 
 
 90. Relief against forfeiture. 
 
 Equitable relief against forfeiture of de- 
 vise on condition of support. 69 L.R.A. 
 841. 
 
 Equitable relief against forfeiture of devise 
 on condition of payment of money. (59 
 L.R.A. 842. 
 
 6. Remainders. 
 
 91. Generally. 
 
 Effect of power of disposal on remainder 
 over after life estate, see supra, 81. 
 
 Under rule in Shellev's Case, see supra, 
 82. 
 
 Contingent remainders, see infra, 101. 
 
 Devise or bequest to one and his children 
 as giving the children a remainder 
 upon a life estate in the parent. 
 L.RA.1917B, 49. 
 
 Character of remainder created by grant 
 or devise to one for life, with re- 
 mainder to his children who may 
 survive him. 25 L.R.A. (N.S.) 
 888. 
 
 Effect on remainder of forfeiture of life 
 estate for breach of condition subse- 
 quent. 21 L.R.A.(N.S.) 605. 
 Effect of invalidity of bequest of life estate 
 occasioned by interest of attesting wit- 
 ness upon rights of persons entitled to 
 remainder. 4 B. R. C. 710. 
 
 7. Limitations; limitations over; execu- 
 tory devises. 
 
 92. Generally. 
 
 Under rule in Shelley's case, see supra, 82. 
 Limitations in devise or bequest to class, 
 see infra, 97. 
 
 Limitations of estate on probate of will as 
 
 violation of rule against perpetuities. 
 
 10 L.R.A.(N.S.) 564. 
 Provision in restraint of marriage as a 
 
 limitation. 49 L.R.A. (N.S.) 615; 4 
 
 B. R. C. 128. 
 
 Begin u-it7i this boofc on every laiv question. 
 
 WILLS, V. j, 7 confd 
 93. Limitations over. 
 
 Under rule in Shellev's case. 29 L.R.A. (N. 
 S.) 1110. 
 
 Validity of devise over upon indefinite ces- 
 sation of lineal descendants of first tak- 
 er. 3 L.R.A. (N.S.) 1143. 
 
 Effect on absolute gift of fee of failure for 
 remoteness of limitation over. 20- 
 L.R.A. 509. 
 
 Necessity that share be actually paid or 
 conveyed to first taker before his death 
 in order to defeat a gift over, or sub- 
 stitutional gift dependent upon the 
 death of the first taker before receipt 
 or payment of share. 8 L.R.A. (N.S.) 
 180. 
 
 Devise or bequest limited upon continuance 
 of divorce or separation. 49 L.R.A. 
 (N.S.) 637. 
 
 Effect of limitation over in case the person 
 to whom property is given in the first 
 instance dies without lineal descend- 
 ants, issue, children, heirs of the body, 
 etc., to give to his issue an interest by 
 implication by way of remainder, execu- 
 tory devise, or substitutional gift. 51 
 L.R.A. (N.S.) 485. 
 
 94. Executory devise. 
 
 Effect of limitation over in case the person 
 
 to whom property is given in the first 
 
 instance dies without lineal descend- 
 
 / ants, issue, children, heirs of the body, 
 
 / etc., to give to his issue an interest by 
 
 implication by way of executory devise. 
 
 41 L.R.A. (N.'S.) 485. 
 
 Limitation to heirs under rule in Shelley'* 
 case by executory devise. 29 L.R.A. (N_ 
 S.) 1011. 
 
 8. Income or support. 
 
 95. Generally. 
 
 As to life tenants generally, see LIFE TEN- 
 ANTS. 
 
 Testamentary annuity as payable out of 
 corpus or income. L.R.A.1917E, 580. 
 
 Apportionment, as between life tenant and 
 remainderman, of income from secu- 
 rities which the trustee must or may 
 convert. 6 B. R. C. 207. 
 
 Effect of annexing to valid devise invalid 
 direction as to accumulation of income 
 to defeat gift. 20 L.R.A. 514. 
 
 Duty of devisee of income to pay taxes. 32 
 L.R.A. 755. 
 
 Right to intermediate income under bequest 
 to persons who come into existence 
 after the death of the testator. 
 L.R.A.1916F, 800. 
 
 Provision in devise for payment of a sum 
 of money, or for the support of a third 
 person, as a charge, a condition sub- 
 sequent, or a condition precedent. 
 L.R.A.1917A, 617. 
 
 May provision in a will for support of a 
 person which is made a lien or charge 
 upon property devised or bequeathed to 
 others be reached by his creditors. 23 
 L.R.A. (N.S.) 526.
 
 INDEX TO L.R.A. XOTES. 
 
 1399 
 
 WILLS, V. j, 8 cont'd 
 
 Remedy for enforcement of legacy for sup- 
 port when charged on devise. 30 
 L.R.A.(N.S.) 824. 
 
 Right of estate of one entitled by will or 
 statute to an allowance for support 
 and maintenance to accumulations un- 
 drawn and unexpended at time of her 
 death. 9 L.R.A. (N.S.) 997. 
 
 9. Interest of several. 
 
 96. Generally. 
 
 When may a testamentary gift be consid- 
 ered as one to a class. L.R.A.1918B, 
 234; 7 B. R. C. 784. 
 
 Bequest to a class one of whom died before 
 the execution of the will. 2 L.R.A. 
 (N.S.) 580. 
 
 By what law members of class to whom tes- 
 tamentary gift is made are to be as- 
 certained. 2 B. R. C. 557. 
 
 Effect of invalidity of bequest occasioned by 
 interest of attesting witness upon rights 
 of persons jointly or subseqiiently en- 
 titled thereto. 4 B. R. C. 710. 
 
 Where by the provisions of a will, upon the 
 failure of a gift of a share in the resi- 
 due the share is to fall back into the 
 residue, does it become intestate prop- 
 erty to the extent of the proportionate 
 share of the first taker thereof. 3 B. 
 R. C. 156. 
 
 97. Time for determination of per- 
 sons taking. 
 
 Time for ascertaining members of class de- 
 scribed as testator's "heirs," "next 
 of kin," "relations," etc., to whom 
 an estate in real or personal prop- 
 erty is limited by way of remain- 
 der or executory gift. 33 L.R.A. 
 (N.S.) 1. 
 
 98. Distribution per stirpes or per 
 capita. 
 
 Gift to persons not designated by name 
 but by general description, and as be- 
 ing living at a certain time prior to 
 testator's decease, as a gift to indi- 
 viduals or to a class. 34 L.R.A.(N.S.) 
 945. 
 
 1O. Vested or contingent interests. 
 
 99. Generally. 
 
 Contingency in gift to class, see supra, 97. 
 
 Doctrine as to possibility of issue extinct as 
 affecting devise or legacy. 48 L.R.A. 
 (N.S.) C65. 
 
 99a. Provision contemplating the at- 
 tainment of a certain age as rend- 
 ering gift contingent. 
 
 Circumstances supporting or varying impli- 
 cation of contingency. L.R.A. 
 1915C, 1022. 
 
 The decisions considered with reference to 
 the sufficiency of the context to vest the 
 gift immediately. L.R.A.1915C, 1072. 
 Consult also L.R.A. Digests of Cases. 
 
 WILLS, V. j, 10 cont'd 
 
 Legacies charged on real estate. L.R.A. 
 1915C, 1072. 
 
 Contingency as a constituent part of the 
 description of the legatee or devisee. 
 L.R.A.1915C, 1076. 
 
 Appendix A. Cases which turn upon exist- 
 ence of an antecedent gift, apart from 
 direction to pay, convey or divide. 
 L.R.A.1915C, 1085. 
 
 Appendix B. Cases as to sufficiency of the 
 context to overcome implication of con- 
 tingency. L.R.A.1915C, 1102. 
 
 100. Time to which contingency i& 
 referable. 
 
 Time of vesting of remainder, see infra, 
 
 102. 
 
 Does contingency of death without issue, 
 children, etc., import their survival of 
 first taker. 37 L.R.A. (N.S.) 164. 
 To what time is the contingency of death of 
 a legatee or devisee without child 
 or issue, upon which a gift is con- 
 ditioned, referable. 25 L.R.A. 
 (N.S.) 1045. 
 
 101. Remainders. 
 
 Expectant and contingent interest in real 
 property as subject of attachment or 
 levy. 30 L.R.A.(N.S.) 115. 
 
 Contingent remainder as subject of devise 
 by remainderman. 21 L.R.A. (N.S.)' 
 121. 
 
 Effect of union of life estate and remote 
 remainder or reversion in the same per- 
 son, upon intermediate contingent re- 
 mainder. 7 L.R.A.(N.S.) 433. 
 
 Will remainder contingent upon child sur- 
 viving parent vest, upon death of par- 
 ent during lifetime of child, but before 
 the determination of a precedent estate 
 outstanding in a third person. 30 
 L.R.A.(N.S.) 908. 
 
 Creation of vested remainder notwithstand- 
 ing life tenant's power to dispose of 
 property. 1 L.R.A. (N.S.) 1005. 
 
 Character of remainder as affected by direc- 
 tion that children, etc., of deceased re- 
 mainderman, shall take their parent'* 
 share. 37 L.R.A. (N.S.) 728. 
 
 Character of remainder created by grant 
 or devise to one for life, with remain- 
 der to his children who may survive 
 him. 25 L.R.A. (N.S.) 888. 
 
 Character of remainder created by devise 
 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 importing survivorship. 
 L.R.A.1917D, 601. 
 
 Testamentary gift in the form of a direction 
 to pay, to divide, or to convey as con- 
 tingent on survival of the time of pay- 
 ment or conveyance. L.R.A.1918E> 
 1097. 
 
 102. time of vesting. 
 
 Suspending time of vesting estate; when 
 estates vest; rule which governs. 9- 
 L.R.A. 215.*
 
 ]400 
 
 INDEX TO L.R.A. NOTES. 
 
 WILLS, V. j, 10 cont'd 
 
 WILLS, V. cont'd 
 
 Construction of will as to time of vesting j 
 
 e. 1 L.R.A. 433.* I. Acceptance; 
 
 of estate. 
 
 fc. Rights and preferences of legatees; 
 enforcement; payment; garnish- 
 ment. 
 
 103. Rights of legatees generally. 
 
 Right of legatee to dividends on stock. 45 
 L.R.A. 393. 
 
 Right of legatee for whose benefit the pur- 
 chase of annuity is directed to receive 
 principal in lieu thereof. 33 L.R.A. 
 (N.S.) 979. 
 
 Heating apparatus as part of realty where 
 rights of devisee are involved. 1 B. R. 
 C. 982. 
 
 Right of devisee or legatee to attack con- 
 veyance or transfer by testator. 30 
 L.R.A.(N.S.) 194. 
 
 Right of one claiming through devisee to 
 protection against unrecorded convey- 
 ance by ancestor or his personal repre- 
 sentative. 34 L.R.A. (N.S.) 328. 
 
 104. Interest on legacy. 
 
 Personal liability of executor or adminis- 
 trator to distributees for interest dur- 
 ing litigation involving construction 
 and interpretation of will. 31 L.R.A. 
 (N.S.) 357. 
 
 Conflict of laws as to. 2 L.R.A.(N.S.) 468. 
 
 105. Preference between legacies. 
 
 Is a legacy given to a creditor in satisfac- 
 tion of his debt entitled to priority over 
 other legacies of same class. 2 B. R. C. 
 509. 
 
 Right of devisee to completion of improve- 
 ments at the expense of the state. 36 
 L.R.A.(N.S.) 303. 
 
 Right of devisee of incumbered property to 
 exoneration at expenses of legatee. 3 
 L.R.A.(N.S.) 898. 
 
 106. Enforcement. 
 
 Remedies for enforcement of legacy when 
 charged upon devise. 30 
 L.R.A. (N.S.) 815. 
 
 107. action to recover legacy. 
 
 Legatee or devisee as real party in interest 
 by whom action must be brought. 64 
 L.R.A. 611. 
 
 108. Payment or enjoyment of leg- 
 acy. 
 
 Acceleration of enjoyment by election, see 
 infra, 115. 
 
 Effect of executor's promise as to payment 
 of legacy upon trust relations* with 
 legatee. 9 L.R.A.(N.S.) 214. 
 
 109. Garnishment of legacy. 
 
 Garnishment of residuary legacies before 
 
 settlement. 59 L.R.A. 387. 
 Garnishment of husband's interest in wife's 
 
 legacy or distributive share. 47 
 
 L.R.A. 360. 
 
 election; renunciation. 
 
 Begin with this book on every laic question* 
 
 110. Generally. 
 
 What constitutes election to take undei or 
 against will. 49 L.R.A. (N.S.) 
 1072. 
 
 Election by legatee, conflict of law as to. 
 2 L.R.A. (N.S.) 459. 
 
 General principle that one accepting benefit 
 under will ratifies other provisions of 
 will. 13 L.R.A. 507. 
 
 Mode and effect of renouncing benefit under 
 will. 19 L.R.A. (N.S.) 595. 
 
 Allowing specified time for election to take 
 under devise or bequest as violation of 
 rule against perpetuities or suspension 
 of power of alienation. 26 L.R.A. 
 (N.S.) 825. 
 
 Condition in will for forfeiture of interest 
 by any contesting beneficiary in con- 
 nection with doctrine of election. 68 
 L.R.A. 456. 
 
 Devise or bequest of property in which tes- 
 tator had but a part interest as put- 
 ting co-owner, who is a beneficiary, to 
 his election. 30 L.R.A.(N.S.) 644. 
 
 May beneficiary be put to his election by 
 extrinsic evidence of testator's inten- 
 tion. 28 L.R.A. (N.S.) 657. 
 
 Necessity of electing between claiming own 
 property which the will attempts to 
 dispose of, and a legacy or devise in 
 lieu of dower or other fixed right. 42 
 L.R.A.(N.S.) 1127. 
 
 When beneficiary deemed to have elected to 
 take under a will assuming to dispose 
 of his property. 4 L.R.A. (N.S.) 1065. 
 
 111. Who may elect. 
 
 For widow, see infra, 113. 
 
 Power of personal representative to elect, 
 
 see EXECUTOBS AND ADMINISTRATORS, 
 
 18. 
 
 Right of one's creditors or personal repre- 
 sentatives to make or control election 
 for or against a will, or between dif- 
 ferent provisions of a will or statute. 
 11 L.R.A.(N.S.) 379. 
 
 Right of devisees to make or control elec- 
 tion for or against a will or between 
 different provisions of a will or stat- 
 ute. 11 L.R.A.(N.S.) 382. 
 
 112. Between dower and provision 
 in will. 
 
 Effect of. see infra, 114, 115. 
 
 By widow between provisions of will and 
 other rights. 18 L.R.A.(N.S.) 272. 
 
 Conflict of laws as to. 2 L.R.A.(N.S.) 459; 
 L.R.A.1915F, 680. 
 
 Effect on legacy in lieu of dower, of widow's 
 death during period for election. 2 
 L.R.A.(N.S.) 959. 
 
 Apportionment of annuity created and ac- 
 cepted in lieu of dower. 63 L.R.A. 625. 
 
 Necessity of electing between claiming own 
 property which the will attempts to dis- 
 pose of, and a legacy or devise in lieu 
 of dower. 42 L.R.A. (N.S.) 127.
 
 INDEX TO L.R.A. NOTES. 
 
 1401 
 
 WILLS, V. 1 cont'd 
 
 113. who may elect for widow. 
 
 Who may elect against a will on behalf of 
 an insane widow. 17 L.R.A. 296; 35 
 L.R.A.(N.S.) 1210; 49 L.R.A.(N.S.) 
 1108. 
 
 114. Effect of election. 
 
 Effect on third person of widow's election 
 to take against will. 14 L.R.A. 293. 
 
 Effect of spouse's election to take against 
 will upon rest of will. 27 L.R.A. (N.S.) 
 602. 
 
 Election to take under will as affecting 
 right to take property not disposed of 
 by will. L.R.A.1917D, 762. 
 
 Effect of election in one jurisdiction for or 
 against the provisions of a will, upon 
 right to elect as to property situated 
 in another jurisdiction. 3 B. R. C. 519. 
 
 Effect of provision in will for equitable con- 
 version on wife's dower or distributive 
 share where the will makes no provision 
 for her or she renounces such provision. 
 22 L.R.A.(N.S.) 285. 
 
 Statute of limitations applicable to actions 
 to enforce implied promise arising from 
 acceptance of devise chargeable with 
 payment of legacy. 8 L.R.A. (N.S.) 
 393. 
 
 115. acceleration by. 
 
 Acceleration of remainder by renunciation 
 of life estate. L.R.A.1915A, 671; 
 L.R.A.1918B, 64. 
 
 Widow's renunciation of life estate. 18 
 L.R.A.(N.S.) 272; L.R.A.1918B, 
 64. 
 
 m. Equitable conversion. 
 
 116. Generally. 
 
 Equitable conversion generally, see EQUIT- 
 ABLE CONVERSION. 
 
 Conflict of laws as to. 2 L.R.A. (N.S.) 457. 
 
 Doctrine of equitable conversion in relation 
 to succession tax. 1 L.R.A. (N.S.) 400; 
 19 L.R.A. (N.S.) 290. 
 
 When is there such a failure of testator's 
 purpose or object as to preclude the 
 application of the doctrine of equitable 
 conversion. 20 L.R.A. (N.S.) 117. 
 
 Conversion by directing sale after devising 
 land. 39 L.R.A.(N.S.) 817. 
 
 117. Effect of. 
 
 Law governing effect of. 2 L.R.A. (N.S.) 
 432. 
 
 Effect of provision in will for equitable con- 
 version upon wife's dower or distribu- 
 tive share, where the will makes no pro- 
 vision for her, or she renounces such' 
 provision. 22 L.R.A. (N.S.) 285. 
 
 Doctrine of equitable conversion as affecting 
 one's right to sign consent or remon- 
 strance as landowner. 50 L.R.A. (X.S.) 
 32. 
 
 Consult also L.R.A. Digests of Cases. 
 
 WILLS, V. m cont'd 
 
 118. As of what time. 
 
 As of what time conversion takes place un- 
 der direction to sell real property which 
 postpones sale to definitely ascertain- 
 able time subsequent to testator's 
 death. 20 L.R.A. (N.S.) 65. 
 
 n. Charge on donee or land devised. 
 
 119. Generally. 
 
 Testamentary annuity as payable out of 
 corpus or income. L.R.A.1917E, 580. 
 
 General directions in, to pay debts, as charg- 
 ing homestead. 44 L.R.A.(N.S-) 1177. 
 
 Remedies for enforcement of legacy when 
 charged on devise. 30 L.R.A. (N.S.) 
 815. 
 
 Debt charged against, or owed to testator 
 by, a devisee as a charge against per- 
 son taking the property devised in suc- 
 cession or by substitution. L.R.A. 
 1917D, 567. 
 
 Provision in devise for payment of a sum 
 of money or for the support of a third 
 person as a charge, a condition subse- 
 quent, or a condition precedent. 
 L.R.A.1917A, 617. 
 
 May provision in will for support of a per- 
 son, which is made a lien or charge up- 
 on property devised or bequeathed to 
 others be reached by his creditors. 23 
 L.R.A.(N.S.) 526. 
 
 Statute of limitations applicable to action 
 to enforce an implied promise arising 
 from acceptance of devise chargeable 
 with payment of legacy. 8 L.R.A. 
 (N.S.) 393. 
 
 Admissibility of extrinsic evidence for pur- 
 pose of charging property with pay- 
 ment of legacies or debts where the will 
 is silent on that point. 19 L.R.A. 
 (N.S.) 457. 
 
 o. Lapsing; ademption; advancements; 
 abatement; revocation. 
 
 120. Lapsing. 
 
 Conflict of laws as to. 2 L.R.A.(N.S.) 467. 
 
 Effect of death of beneficiary of testamen- 
 tary gift of an annuity, before its pur- 
 chase. 2 B. R. C. 909. 
 
 Effect of statutes designed to prevent laps- 
 ing of testamentary provisions upon 
 death of beneficiary in testator's life- 
 time to render the property bequeathed 
 twice liable to legacy or inheritance tax. 
 5 B. R. C. 857. 
 
 Devolution of lapsed legacy or devise where 
 will contains residuary clause. 44 
 L.R.A.(N.S.) 789. 
 
 Lapsing of gift in form of direction to pay 
 or divide in case of death of legatee 
 before gift takes effect in possession. 
 L.R.A.1918E, 1098. 
 
 121. Ademption. 
 
 Liability of bequest of stocks, bonds, or 
 
 notes to ademption. 11 L.R.A. (N.S.) 
 
 63-82. 
 Gift to one spouse by parent of the other 
 
 as ademption. 26 L.R.A. (N.S.) 1050. 
 Power of guardian or conservator to adeem 
 
 legacy. 28 L.R.A. (N.S.) 401.
 
 1402 
 
 INDEX TO L.R.A. NOTES. 
 
 WILLS, V. o cont'd 
 
 122. of specific legacy. 
 
 Disposal, loss, or destruction of subject-mat- 
 ter, or payment of debt, as ademp- 
 tion of specific legacy or devise. 40 
 L.R.A.(N.S.) 542. 
 
 Change in subject-matter or substitution of 
 other property as an ademption of 
 a specific legacy or devise. 40 
 L.R.A.(N.S.) 553; L.R.A.1918D, 
 538. 
 
 Collection of insurance policy during life- 
 time of testator as ademption of spe- 
 cific legacy thereof. 40 L.R.A. (N.S.) 
 561. 
 
 123. of general legacy. 
 
 Gift by testator as ademption of general 
 legacy to donee. 38 L.R.A. (N.S.) 
 588; L.R.A.1916C, 618. 
 
 124. Advancements. 
 
 Advancements by testator, see ADVANCE- 
 , MENTS. 
 
 125. Abatement. 
 
 Conflict of laws as to. 2 L.R.A. (N.S.) 467. 
 
 Liability of bequest of stocks, bonds, or 
 notes to abatement. 11 L.R.A. (N.S.) 
 65. 
 
 Order of abatement to pay debts as between 
 demonstrative legacies and specific lega- 
 cies or devises. 4 L.R.A.(N.S.) 922. 
 
 126. Effect of divorce to revoke gift 
 by will. 
 
 Generally. 69 L.R.A. 940. 
 
 When status mentioned in will controls. 69 
 L.R.A. 940. 
 
 Effect of lapse of time between divorce and 
 testator's death. 69 L.R.A. 942. 
 
 Effect of property settlement. 69 L.R.A. 
 943. 
 
 As affecting right to take under gift to 
 "husband," "wife" or "widow." 33 
 L.R.A.(N.S.) 826. 
 
 Settlement of property rights between hus- 
 band and wife on account of divorce as 
 implied revocation of will. 20 L.R.A. 
 (N.S.) 1073. 
 
 p. General or specific. 
 
 127. Generally. 
 
 Ademption of specific legacy, see supra, 
 
 122. 
 Ademption of general legacy, see supra, 
 
 123. 
 
 Bequest of policy of insurance, or proceeds 
 thereof, as specific legacy. 7 L.R.A. 
 (X.S.) 592. 
 
 Contribution as between specific legatees 
 and specific devisees to pay testator's 
 debts. 1 L.R.A.(N.S.) 461. 
 
 Effect of bequest for life of chattels con- 
 sumable in the use as general or specific 
 bequest. 16 L.R.A.(N.S.) 484. 
 
 Order of abatement to pay debts as between 
 demonstrative legacies and specific leg- 
 acies. 4 L.R.A. (N.S.) 922. 
 
 | WILLS, V. p cont'd 
 128. Of stocks, bonds, or notes. 
 
 Is bequest of stocks, bonds, or notes gen- 
 eral or specific. 11 L.R.A. (N.S.) 
 49. 
 
 q. Who ivill take void legacy, 
 
 129. Generally. 
 
 Right of heir or residuary legatee to gift 
 i'ailhig for remoteness. 20 L.R.A. 517. 
 
 Effect of invalidity of bequest occasioned 
 by interest of attesting witness upon 
 rights of persons jointly or subsequent- 
 ly entitled thereto. 4 B. R. C. 710. 
 
 VI. Suit to construe will. 
 
 130. Generally. 
 
 Jurisdiction of suit, see EQUITY, 13. 
 
 WILSON ACT. 
 
 Effect of removal of constitutional objec- 
 tions to state statute by. 48 L.R.A. 
 (N.S.) 349. 
 
 WIND. 
 
 Proximate cause of loss or injury by, see 
 PBOXIMATE CAUSE, 5. 
 
 Causes of loss covered by insurance against 
 windstorm. L.R.A.1915B, 1094. 
 
 WINDING UP. 
 
 Of corporation, see COBPOEATIONS, IX. 
 
 Of partnership, see PABTNERSHIP, 29-51. 
 
 Allowance of expenses of winding up busi- 
 ness of estate as costs of administra- 
 tion. 40 L.R.A.(N.S.) 203. 
 
 Liability of personal representative, testa- 
 mentary trustee, or guardian in wind- 
 ing up business in behalf of estate. 40 
 L.R.A.(N.S.) 222. 
 
 WINDOW FRONTS. 
 
 As fixtures. 41 L.R.A. (N.S.) 1022. 
 
 WINDOWS. 
 
 As fixtures. 30 L.R.A. (N.S.) 1189. 
 
 Right to open windows in party wall. 10 
 
 L.R.A. (N.S.) 1191. 
 Right to close windows in party wall. 49 
 
 L.R.A.(N.S.) 194. 
 
 Burglary by forcing. 37 L.R.A. (N.S.) 1100. 
 Burglary by raising window already partly 
 
 Begin n-ith this book on every law question. 
 
 open. 17 L.R.A. (N.S.) 1102.
 
 INDEX TO L.R.A. NOTES. 
 
 1403 
 
 WINDOWS cont'd 
 
 Burglary by taking screen from window. 17 
 
 L.R.A. (N.S.) 1100; 38 L.R.A. (N.S.) 
 
 770. 
 
 WINDSTORM. 
 
 Causes of loss covered by insurance against. 
 L.R.A.1015B, 1004. 
 
 WINE. 
 
 As intoxicating liquor. 20 L.R.A. 647. 
 Judicial notice of intoxicating character of, 
 48 L.R.A.(N.S.) 30a. 
 
 WING FENCES. 
 
 Compensation for making, as element of 
 damages for laying out street across 
 railway property. 24 L.R.A. (N.S.) 
 1234. 
 
 WIRES. 
 
 Electric wires, see ELECTRICITY; HIGHWAYS, 
 24'. 
 
 Injury to trainman by overhead wires. 47 
 
 L.R.A. (N.S.) 497. 
 Hight to carry wires across railroad. L.R.A. 
 
 1915B, 823. 
 
 WIRE TAPPING. 
 
 See TAPPING WIBES. 
 
 WITCH. 
 
 Actionability of charge that one is a witch. 
 L.R.A.1916E, 682. 
 
 WITCHCRAFT. 
 
 Belief in, as insane delusion. 37 L.R.A. 272. 
 
 Belief in, as affecting capacity to make 
 will or deed. 16 L.R.A. 677. 
 
 Prohibition of fortune telling under Eng- 
 lish witchcraft act. 43 L.R.A. (N.S.) 
 204. 
 
 WITHDRAWAL. 
 
 Of appearance, see APPEARANCE, 5. 
 From arbitration, see ARBITRATION, 3. 
 Right of attorney to withdraw action, see 
 
 ATTORNEYS, 16. 
 ConsnJt also L.R.A. Digests of Cases. 
 
 WITHDRAWAL cont'd 
 
 From loan association, see BUILDING AND 
 LOAN ASSOCIATIONS. 8. 
 
 Of bid for public contract, see CONTRACTS, 
 IGOa. 
 
 Of subscription for corporate stock, see COR- 
 PORATIONS, 80. 
 
 From conflict by one setting up self defense 
 as excuse for homicide, see HOMICIDE, 
 29. 
 
 Of pleading, see PLEADING, 13. 
 
 Of telephone service, see TELEPHONES, 9. 
 
 Of juror, see CRIMINAL LAW, 38; TRIAL, 
 18a. 
 
 Of probate proceedings, see WILLS, 54. 
 
 Of property from auction sale. 57 L.R.A. 
 784; 20 L.R.A.(N.S.) 1133; L.R.A. 
 1917A, 74. 
 
 Right to withdraw order given agent before 
 acceptance by principal. 10 L.R.A. 
 (N.S.) 1138. 
 
 Right to withdraw names from petition or 
 remonstrance. 11 L.R.A. (N.S.) 372; 35 
 L.R.A.(N.S.) 1113. 
 
 Of name from initiative or referendum peti- 
 tion. 50 L.R.A.(N.S.) 223; L.R.A. 
 1917B, 39. 
 
 Liability for causing withdrawal of surety 
 from bond. 42 L.R.A. (N.S.) 388. 
 
 Validity of agreement made in considera- 
 tion of withdrawal of candidacy for of- 
 fice. 37 L.R.A. (N.S.) 289. 
 
 Right to withdraw proceedings to probate or 
 contest will or issues thereunder. 19 
 L.R.A. (N.S.) 121. 
 
 Right of officer to withdraw resignation. 16 
 L.R.A. (N.S.) 1058; L.R.A.1917F, 547. 
 
 Abutting owner's right to withdraw before 
 action thereon of consent to construc- 
 tion of railroad or street railway in 
 street or highway. 7 L.R.A. (N.S.) 994. 
 
 Right to withdraw money paid into court 
 after tender. 5 L.R.A. (N.S.) 561. 
 
 Effect of withdrawal from combat as affect- 
 ing civil liability for assault. L.R.A. 
 ]915C, 893. 
 
 Effect of withdrawal of one party to a 
 common design to commit an offense on 
 his liability for a homicide by the 
 other party. L.R.A.1918B, 76. 
 
 Effect of withdrawal from joint enterprise 
 or partnership to exclude from partici- 
 pation in the profits thereof. L.R.A. 
 1918B, 679. 
 
 WITHOUT RECOURSE. 
 
 Assignor without recourse as an endorser. 
 36 L.R.A. 119. 
 
 Indorsement without, as putting purchaser 
 on inquiry. 29 L.R.A. (N.S.) 378; 44 
 L.R.A,(N.S.) 402; L.R.A.1918F, 1152. 
 
 WITHOUT HAVING BEEN MARRIED. 
 
 Meaning of term. 15 L.R.A. 293.
 
 1404 
 
 INDEX TO L.R.A. NOTES. 
 
 WITNESSES. 
 
 /. In general, 1-8. 
 II. Competency, 9-25. 
 
 a. In general, 9-16. 
 
 b. Husband and ^life, 17- 
 
 21. 
 
 c. Effect of death, 22-24. 
 
 d. As to character or reputa- 
 
 tion, 25. 
 
 III. Examination, 26-4O. 
 
 a. In general, 26-3O. 
 
 b. Cross-examination, 31- 
 
 38. 
 
 c. Re-direct examination, 39. 
 
 d. Protection; privileges, 4O. 
 
 IV. Impeachment; discrediting; cor- 
 
 roboration, 41-46. 
 V. Credibility, 47. 
 VI. Compensation, 48-51. 
 
 a. In general, 49, SO. 
 
 b. Of expert witness, 51. 
 
 I. In general. 
 
 1. Generally. 
 
 Attesting witness, see ATTESTING WITNESS; 
 WILLS, 15, 24, 26-31. 
 
 Constitutionality of statutes as to, see CON- 
 STITUTIONAL LAW, 192. 
 
 Contempt by, see CONTEMPT. 
 
 Right to continuance for absent witness, see 
 CONTINUANCE, 2, 3. 
 
 Validity of contract to procure testimony, 
 see CONTRACTS, 103. 
 
 Right of accused to be confronted with wit- 
 nesses against him, see CRIMINAL LAW, 
 47. 
 
 Effect of death of, see DEATH, 23. 
 
 Jurisdiction of courts of equity to entertain 
 bill to perpetuate testimony, see DEPO- 
 SITION, 2. 
 
 District attorney as, see DISTRICT AND PROS- 
 ECUTING ATTORNEY, 4. 
 
 As to evidence, see EVIDENCE. 
 
 Opinions and conclusions of, see EVIDENCE, 
 VIII. 
 
 Privileged communications to, see EVIDENCE, 
 20-26. 
 
 Oath to, see OATH, 3. 
 
 Sickness of, see SICKNESS, 5. 
 
 Matters as to, generally during, trial, see 
 TBIAL, 11. 
 
 To will, see WILLS, 15, 24, 26-31. 
 
 Liability of one who procures defamatory 
 testimony to be given. 4 B. R. C. 986. 
 
 Right of convicted person to maintain an 
 action against witness for negligently 
 giving false evidence. 3 B. R. C. 25.1. 
 
 Validity of agreements with. 19 L.R.A. 373 ; 
 L.R.A.1918F, 1102. 
 
 Comparison of handwriting by. 62 L.R.A. 
 869. 
 
 To prove lost or destroyed wills. 38 L.R.A. 
 443. 
 
 Treating of jury by, as ground for new 
 trial or reversal' 19 L.R.A. (N.S.) 737. 
 
 Admonishing or warning witness by judge 
 in criminal case as ground of reversal 
 or new trial. L.R.A. 1917E, 859. 
 
 Begin with this booJc on every laiv question. 
 
 WITNESSES, L cont'd 
 
 Sickness of, as ground for injunction against 
 judgment. 30 L.R.A. 795. 
 
 Right to set aside verdict or grant new 
 trial because of demeanor of. 41 L.R.A. 
 (N.S.) 855. 
 
 Constitutionality of statute permitting 
 court to appoint expert witnesses. 33 
 L.R.A.(N.S.) 917. 
 
 Exception of consuls from serving as. 45 
 L.R.A. 586. 
 
 Right of un-named witness to maintain 
 action for libel or slander based on 
 charge that some of witnesses had com- 
 mitted perjury. 23 L.R.A. (N.S.) 728. 
 
 Collateral attack on probate where decree 
 or will affirmatively shows that the will 
 is invalid for defects as to witnesses. 
 42 L.R.A. (N.S.) 455. 
 
 Former jeopardy; discharge of jury be- 
 cause of matter affecting witness. 
 L.R.A.1917D, 1148. 
 
 2. Before grand jury. 
 
 Witnesses before grand jurv, generallv. 28 
 
 L.R.A. 321. 
 Competency of criminals as witnesses before 
 
 grand'jury. 28 L.R.A. 319. 
 Swearing of witnesses before grand jury. 28 
 
 L.R.A. 320. 
 Wife as witness before grand jury. 28 
 
 L.R.A. 322. 
 Unauthorized presence of witness in grand 
 
 jury room as affecting indictment. 
 
 L.R*.A.1910D, 1126. 
 Power to grant immunity to witness. 
 
 L.R.A.1918A, 376. 
 
 3. Interference with or detention oi. 
 
 Interference with as a crime. 25 L.R.A. 439. 
 
 Procuring one having knowledge of offense 
 to leave the jurisdiction. 33 L.R.A, 
 (N.S.) 976. 
 
 Detention of one as witness as false impris- 
 onment. 39 L.R.A. (N.S.) 503. 
 
 4. Securing attendance of. 
 
 Power to regulate or restrict constitutional 
 right of defendant in criminal cases to- 
 compulsory process to procure attend- 
 ance of witnesses in his behalf. 8- 
 L.R.A. (N.S.) 509. 
 
 Continuance to procure witness who is be- 
 yond the jurisdiction. L.R.A. 191 8E, 
 527. 
 
 5. Subpoena duces tecuin. 
 
 Refusal to produce books or papers in re- 
 sponse to subpoena, upon ground 
 that they contain private matter. 
 29 L.R.A. (N.S.) 716. 
 
 Particularity required in description of 
 documents in subpoena duces tecum* 
 31 L.R.A.(N.S.) 835. 
 
 Inducing witness to evade or disregard sum- 
 mons or subpoena as contempt of court. 
 L.R.A.1915D, 571. 
 
 6. Necessary witnesses. 
 
 Subscribing witness, necessity of calling. 35- 
 L.R.A. 321. 
 
 7. L/imiting number of. 
 
 Limiting number of. 10 L.R.A. 
 
 576.'
 
 INDEX TO L.R.A. NOTES. 
 
 1405 
 
 WITNESSES, I. cont'd 
 8. Reference to, by prosecuting at- 
 torney. 
 
 Attack on defendant's witnesses by prose- 
 cuting attorney in argument as ground 
 for reversal. 40 L.R.A. 053. 
 
 Reversible error in comments on witnesses 
 by counsel in argument to jury. L.R.A. 
 1918D, 92. 
 
 Comments by prosecuting attorney on ab- 
 sence of witnesses as ground of rever- 
 sal of conviction. 46 L.R.A. 065; 34 
 L.R.A.(N.S.) 811; L.R.A.1918D, 70. 
 
 Reference by prosecuting attorney in argu- 
 ment to jury to attempts to tamper 
 with witnesses or jurymen as ground 
 for reversal. 30 L.R.A.(N.S.) 795. 
 
 //. Competency, 
 a. In general. 
 
 9. Generally. 
 
 Competency of witness to give opinion or 
 conclusion, see EVIDENCE, VIII. 
 
 Competency of expert witness, see EVI- 
 DENCE. VIII. 
 
 As to competency of evidence, see EVIDENCE, 
 XII. 
 
 Of witness to handwriting, see EVIDENCE, 
 199, 200. 
 
 Competency of witness to will, see WILLS, 
 28, 29. 
 
 Capacity and competency of interpreter. 
 L.R.A.1916F, 1200. 
 
 Right of attorney to testify in his own 
 behalf or in behalf of client. 49 
 L.R.A.(N.S.) 422. 
 
 Deaf and dumb persons as witnesses; com- 
 petency. 24 L.R.A. 126. 
 
 Constitutional right of colored persons to 
 be witnesses. 14 L.R.A. 581, 584. 
 
 Competency of witnesses as affected by ques- 
 tion whether suit for statutory penalty 
 is a civil or criminal prosecution. 27 
 - L.R.A.(N.S.) 746. 
 
 Competency to testify as to one's national- 
 ity. 37 L.R.A.(N.S.) 760. 
 
 Right of owner of baggage to testify as to 
 its value in an action for its loss. 37 
 L.R.A.(N.S.) 588. 
 
 Waiver of objection to competency of wit- 
 nesses by cross-examination of same. 
 33 L.R.A. (N.S.) 106. 
 
 Incompetency as witness of person making 
 uncontradicted statement in presence of 
 accused as affecting its character as a 
 confession or admission. 25 L.R.A. 
 (N.S.) 551; 42 L.R.AlfN.S.) 891. 
 
 Whose dying declarations are admissible. 
 56 L.R.A. 358. 
 
 Federal courts following state decisions as 
 to competency of. 40 L.R.A.(N.S.) 449. 
 
 10. Criminals. 
 
 Competency of criminals as witnesses be- 
 fore grand jury. 28 L.R.A. 319. 
 
 Crimes which disqualify one as a witness. 
 L.R.A.1917F, 898. 
 
 Commit also L.R.A. Digests of Cases, 
 
 WITNESSES, II. a cont'd 
 
 Conviction in another jurisdiction as affect- 
 ing competency of witnesses. L.R.A. 
 191 7A, 1138. 
 
 Pardon or commutation of sentence as 
 affecting competency of witness con- 
 
 - victed of crime. 47 L.R.A.(N.S.) 206. 
 
 11. accomplice. 
 
 Competency of accomplice as affected by 
 agreement for immunity. 24 L.R.A. 
 (N.S.) 445. 
 
 Dismissal of prosecution towards one de- 
 fendant to qualify him as a witness 
 against others. 35 L.R.A. 710. ' 
 
 12. Religious belief as qualification. 
 
 In general. 42 L.R.A. 553; 23 L.R.A. (N.S.) 
 
 1023. 
 
 Classification by states. 42 L.R.A. 555. 
 Federal cases. 42 L.R.A. 566. 
 English and Scotch cases. 42 L.R.A. 566. 
 
 13. Competency of children. 
 
 Admissibility of declarations of infant, see 
 EVIDENCE, 218. 
 
 Minor witnesses to will. L.R.A.1916E, 695. 
 As dependent upon age. 19 L.R.A. 605. 
 As affected by magnitude of case. 19 L.R.A. 
 
 606. 
 
 Necessity of oath. 19 L.R.A. 606. 
 The tests of competency now applied. 19 
 
 L.R.A. 607. 
 
 Illustrations of testing witnesses for com- 
 petency. 19 L.R.A. 608. 
 Question of competency to be determined 
 
 in open court. 19 L.R.A. 609. 
 Duty as to instruction of child. 19 L.R.A. 
 
 609. 
 
 How examined. 19 L.R.A. 610. 
 How far decision reviewable. 19 L.R.A. 
 
 610. 
 Admissibility of declarations of infant too 
 
 young to be sworn as a witness at the 
 
 trial. 65 L.R.A. 316. 
 
 14. Insanity. 
 
 Effect of insanity on competency of witness. 
 37 L.R.A. 423; 46 L.R.A.(N.S.) 1028. 
 
 Admissibility of declarations of insane per- 
 son as affected by incompetency as a 
 witness. L.R.A.1915E, 207. 
 
 Competency as witness of prosecutrix in 
 prosecution for rape of female of un- 
 sound mind. L.R.A.1916F, 749. 
 
 15. Morphinism. 
 
 Morphinism as affecting competency. 39 
 L.R.A. 265. 
 
 16. Judge; prosecuting attorney. 
 
 Competency of judge as witness in a cause 
 on trial before him. 31 L.R.A. 465; 
 L.R.A.1915F, 766. 
 
 Prosecuting attorney as witness. 55 L.R.A. 
 231. 
 
 ft. Husband and wife. 
 
 17. Generally. 
 
 Effect of death, see infra, 24a.
 
 1406 
 
 INDEX TO L.R.A. NOTES. 
 
 WITNESSES, II. b confd 
 Privileged communications between, see EV- 
 IDENCE, 223. 
 
 Admissibility of declarations of spouse in- 
 competent to testify as a witness. 
 L.R.A.1915E, 204. 
 
 Admissibility against one spouse of evidence 
 of facts revealed by physical examina- 
 tion of other spouse who would be an 
 incompetent witness. 49 L.R.A. (N.S.) 
 563. 
 
 Husband and wife as witnesses in action for 
 wife's libel or slander. 30 L.R.A. 529. 
 
 Competency of husband or wife as witness 
 for or against the other as to trans- 
 actions prior to marriage. 67 L.R.A. 
 499; 45 L.R.A. (N.S.) 396. 
 
 Waiver of privilege as to communication be- 
 tween husband and wife by calling one 
 spouse as a witness for the other. 40 
 L.R.A.(N.S.) 43. 
 
 Effect of statute making husband and wife 
 competent witnesses for or against each 
 other, upon the privilege as to con- 
 fidential communications between them. 
 27 L.R.A.(N.S.) 273; L.R.A.1916F, 389. 
 
 Applicability of disqualification statute to 
 testimony of alleged spouse to establish 
 marriage in order to succeed to share 
 of the decedent's property. 51 L.R.A. 
 (N.S.) 183. 
 
 Applicability of rule excluding testimony 
 of interested person in controversy with 
 decedent's estate, where husband or wife 
 of devisee or legatee, or widow of de- 
 cedent, is offered as a witness in con- 
 troversy over succession to estate. 51 
 L.R.A.(N.S.) 212. 
 
 18. Criminal cases. 
 
 Wife as witness before grand jury. 28 
 
 L.R.A. 322. 
 Husband or wife as witness against the 
 
 other in criminal prosecutions. 2. 
 
 L.R.A.(N.S.) 862; 22 L.RA.(N.S-) 
 
 240; 41 L.R.A.(N.S.) 1213; L.R.A. 
 
 1917E, 1133. 
 Competency of wife to testify as to offense 
 
 against her before marriage. 45 L.R.A. 
 
 (N.S.) 396. 
 
 19. As to misconduct of other 
 spouse. 
 
 Competency of one spouse to testify as to 
 . misconduct of other spouse in ac- 
 tion against a third person. 39 
 L.R.A.(N.S.) 315. 
 
 20. Nonaccess. 
 
 Competency of woman to testify as to non- 
 access of husband. 2 L.R.A. (N.S.) 
 619; L.R.A.1916B, 1053. 
 
 Admissibility of testimony of husband or 
 wife, as to prenuptial nonaccess of hus- 
 band. 14 L.R.A.(N.S.) 546. 
 
 21. Dying declarations. 
 
 Admissibility of dying declarations of hus- 
 
 band against wife. 56 L.R.A. 360. 
 
 Admissibility of dying declarations as af- 
 fected by competency or incompetency 
 of declarant as witness. 56 L.R.A. 432. 
 
 Begin with this booTc on every law question. 
 
 WITNESSES, II. bcont'd 
 Admissibility of dying declarations of wife 
 against husband. 56 L.R.A. 360. 
 
 c. Effect of death. 
 
 22. Generally. 
 
 Competency of a party to deny a trans- 
 action with a person since deceased. 
 21 L.R.A.(N.S.) 755; 42 L.R.A. (N.S.) 
 298. 
 
 Admissibility after death of adversary of 
 testimony or deposition of party given, 
 or taken before the former's death and 
 relating to a personal transaction with 
 him. 14 L.R.A.(N.S.) 488; L.R.A. 
 1915F, 771. 
 
 Admissibility of testimony as to transac- 
 tions with the attorney or agent of 
 deceased person. 7 L.R.A. (N.S.) 684. 
 Competency of assignor of claim in suit 
 to testify as to transactions with 
 or statements by deceased, where 
 not expressly excluded by terms of 
 statute. 42 L.R.A. (N.S.) 316. 
 May statutory rule excluding testimony of 
 transaction with deceased person 
 by party or person in interest be 
 invoked against estate of decedent 
 or person claiming under the es- 
 tate. 42 L.R.A. (N.S.) 305. 
 Do statutes disqualifying party as a wit- 
 ness because ol' death of other party ap- 
 ply to actions ex delicto. L.R. A.I 9161),. 
 811. 
 
 Competency to testify to possession of note, 
 deed, or other articles at one time 
 in possession of the decedent, where 
 witness would be incompetent to- 
 testify directly to a transaction by 
 which it is claimed decedent part- 
 ed with his possession. 4:3 L.R.A. 
 (N.S.) 583. 
 
 23. Interested witnesses. 
 
 Husband or wife, see infra, 24a. 
 
 Competency of interested witness to testi- 
 fy as to transactions with deceased in 
 which he did not participate. 29- 
 L.R.A.(N.S.) 1179; 42 L.R.A. (N.S.) 
 320. 
 
 Competency of original debtor to testify to 
 payment made to decedent, in action 
 by third person against the estate to 
 recover amount so paid. 28 L.R.A. (N. 
 S.) 388. 
 
 Right of heir or next of kin to testify in 
 favor of the estate. L.R.A.1918C, 918. 
 Applicability of rule excluding testimony 
 of interested person in controversy 
 with decedent's estate, to contro- 
 versies over succession to estate. 
 51 L.R.A.(N.S.) 187. 
 
 24. stockholders. 
 
 Competency of stockholder as witness where 
 
 corporation is a party to a suit 
 prosecuted by or against a per- 
 sonal representative. 27 L.R.A, 
 (N.S.) 816.
 
 INDEX TO L.R.A. NOTES. 
 
 WITNESSES, II. c cont'd 
 24a. Husband and wife. 
 
 Right of surviving spouse to testify in 
 favor of the estate. L.R.A.1!)]8C, 918. 
 
 Competency as a witness of the husband or 
 wife of a party to an action involving 
 a decedent's estate. L.R.A.1917A, 2. 
 
 Applicability of disqualification statute to 
 testimony of alleged spouse to establish 
 marriage in order to succeed to share 
 of the decedent's property. 51 L.R.A. 
 (N.S.) 183. 
 
 d. As to character or reputation. 
 
 25. Generally. 
 
 Admissibility of evidence as to character or 
 reputation, see EVIDENCE, 249-253. 
 
 Competency of witness as to character and 
 reputation of deceased in trial for hom- 
 icide. 3 L.R.A.(N.S-) 375. 
 Right of witness to testify to character 
 from personal knowledge. 22 
 L.R.A.(N.S.) 650. 
 
 Character of the accused, deceased, or 
 parties. 2 L.R.A.(N.S.) 552; 22 
 L.R.A.(N.S.) 661. 
 
 III. Examination. 
 
 a. In general. 
 
 g 26. Generally. 
 
 Contempt by witness, see CONTEMPT. 
 Evidence generally, see EVIDENCE. 
 
 Examination of, as to sanity or insanity. 
 
 39 L.R.A. 305. 
 In proceeding in tribunal of association or 
 
 corporation. 49 L.R.A. 369. 
 Inquiries of, by jurymen. 1 L.R.A. (N.S.) 
 
 839. 
 
 27. Leading questions. 
 
 Powor of court to put. 57 L.R.A. 881; 
 L.R.A.1916A, 1196. 
 
 Admissibility as dying declarations of mat- 
 ters elicited by. 2 B. R. C. 923. 
 
 28. Refreshing memory. 
 
 Of witness to handwriting. 63 L.R.A. 164. 
 
 Right for purpose of cross-examination to 
 inspect, paper used by witness to re- 
 fresh memory. 22 L.R.A. (N.S.) 706. 
 
 29. Power of court to call and ex- 
 amine witnesses. 
 
 Power of court to call witnesses. L.R.A. 
 
 1916 A, 119} 
 Power of court to examine witnesses. 
 
 57 L.R.A. 878; L.R.A.1916A, 1192. 
 
 30. Examination of witnesses to 
 handwriting. 
 
 Generally. 63 L.R.A. 163; 65 L.R.A. 154. 
 Direct examination. 63 L.R.A. 163. 
 Cross-examination. 63 L.R.A. 168. 
 Consult also L.R.A. Digests of Cases. 
 
 WITNESSES, III. cont'd 
 
 6. C ^oss-examination, 
 
 31. Generally. 
 
 Use of books on inexact sciences on. 40 
 L.R.A. 569. 
 
 Refusal to allow cross-examination on rele- 
 vant matters covered by the examina- 
 tion in chief as ground for reversal or 
 new trial. 25 L.R.A. (N.S.) 683. 
 
 Right to have direct testimony stricken out 
 where cross-examination is interrupted 
 wholly or in part by sickness or death 
 of witness. 15 L.R.A. (N.S.) 493. 
 
 Cross-examination of husband or wife when 
 witness against the other in criminal 
 prosecutions. 41 L.R.A.(N.S.) 1213; 
 L.R.A.1917E, 1133. 
 
 Right, for purpose of cross-examination, to 
 inspect paper used by witness to re- 
 fresh memory. 22 L.R.A. (N.S.) 706. 
 
 Cross-e, imination of plaintiff in action for 
 personal injuries as to his willingness 
 to submit to physical examination. 43 
 L.R.A.(N.S.) 622. 
 
 Cross-examination of prosecutrix on trial 
 for statutory rape to show unchastity. 
 48 L.R.A. (N.S.) 273. 
 
 Rule as to right of accused to cross-examine 
 witnesses as affecting admissibility of 
 ex parte in proceeding to punish crim- 
 inal contempt. L.R.A.1917B, 119. 
 
 32. By court. 
 
 Power of court to cross-examine. 57 L.R.A. 
 
 882; L.R.A.1916A, 1198. 
 Interrogation of accused by court. 15 
 
 L.R.A. 674. 
 
 33. As to sanity. 
 
 Of nonexpert witness as to sanity or in- 
 sanity. 38 L.R.A. 743. 
 
 Of expert witness as to sanity. 39 L.R.A. 
 326. 
 
 34. Witness as to character. 
 
 Of witness testifying to character. 14 
 
 L.R.A. (N.S.) 739. 
 Of witness as to character of accused. 2ft 
 
 L.R.A. 615. 
 
 35. As to handwriting and typewrit- 
 ing. 
 
 Of expert witness. 63 L.R.A. 170; L.R.A. 
 
 1918D, 650. 
 Of nonexpert. 63 L.R.A. 168. , 
 
 36. To show conviction of crime. 
 
 Cross-examination as proper mode of prov- 
 ing contiction of crime for pur- 
 poses of impeachment. 30 L.R.A, 
 (N.S.) 846. 
 
 37. Of accused. 
 
 Under statutory limitations. 15 L.R.A. 
 
 669. 
 In absence of statutory limitation. 15 
 
 L.R.A. 670. 
 Right to question defendant concerning 
 
 other crimes on cross-examination. 62. 
 
 L.R.A. 345.
 
 1408 
 
 INDEX TO L.R.A. NOTES. 
 
 WITNESSES, III. b 
 Right to cross-examine 
 
 cout'd 
 accused 
 
 who has 
 
 taken witness stand, as to confession 
 which would not be admissible in evi- 
 dence. 10 L.R.A.(N.S.) 604. 
 
 38. Effect of. 
 
 Waiver of objection to testimony by cross- 
 examination. 33 L.R.A. (N.S.) 
 103. 
 
 c. Redirect examination. 
 
 39. Generally. 
 
 Redirect examination of witness as to char- 
 acter. 14 L.R.A.(N.S.) 745. 
 
 Of witness as to sanity or insanity. 39 
 L.R.A. 326. 
 
 d. Protection; privileges. 
 
 40. Generally. 
 
 Protection against self-crimination, see 
 CRIMINAL LAW, 49-53. 
 
 As to privileged communications, see EVI- 
 DENCE, 220-226. 
 
 Privileged nature of words used by, see 
 LIBEL AND SLAXDEB, 30. 
 
 Privilege as to service of process, see WBIT 
 AND PBOCESS, 35, 36. 
 
 Who may grant immunity to a witness. 
 L.R.A.1918A, 376. 
 
 Privilege of witness as to defamatory testi- 
 mony. 22 L.R.A. 836. 
 
 Right of bank officer or employee to refuse 
 to disclose state of depositors' account. 
 L.R.A.1915D, 1061. 
 
 IV. Impeachment; discrediting; 
 roboration. 
 
 cor- 
 
 41. Generally. 
 
 Of nonexpert witness as to sanity or in- 
 sanity. 38 L.R.A. 743. 
 
 Impeachment of accused by testimony at 
 coroner's inquest. 70 L.R.A. 43. 
 
 Admissibility for purpose of impeachment 
 in actions for sexual offenses, of evi- 
 dence that prosecuting witness has 
 made similar charges against other 
 persons. 41 L.R.A.(N.S.) 216. 
 
 Right to show unchastity of prosecutrix in 
 statutory rape to affect her credibility. 
 48 L.R.A. (N.S.) 272. 
 
 Right to show that a witness attempted to 
 influence other witnesses for or 
 against accused. 46 L.R.A. (N.S.) 
 1001. 
 
 Impeachment on trial of testimony given 
 on preliminary exam!nation by witness 
 absent from the trial. 25 L.R.A. (N.S.) 
 884. 
 
 Pardon or commutation as affecting proof 
 of conviction to impeach credibility of 
 witness. 47 L.R.A. (N.S.) 215. 
 
 Right to use plea of nolo contenders to 
 impeach defendant as a witness in an- 
 other proceeding. 41 L.R.A. (N.S.) 74. 
 
 Newly discovered evidence impeaching wit- 
 nesses as ground for bill of review. 
 30 L.R.A.(N.S.) 1037. 
 
 Begin ivith this boolc on every law question. 
 
 WITNESSES, IV. cont'd 
 42. Discrediting. 
 
 Impeaching character of accused for credi- 
 bility. 20 L.R.A. 616. 
 
 Use of books of inexact sciences to sustain 
 or discredit expert. 40 L.R.A. 567. 
 
 Impeachment of, by specific instances as to 
 character. 14 L.R.A. (N.S.) 697. 
 
 Admissibility of declarations of beneficiary 
 or executor to show lack of testamen- 
 tary capacity or undue influence for 
 purpose of impeaching or discrediting 
 declarant as a witness. 38 L.R.A. 
 (N.S.) 743. 
 
 Cross-examination as proper mode of prov- 
 ing conviction of crime for purposes 
 of impeachment. 30 L.R.A. (N.S.) 846. 
 
 43. Contradiction. 
 
 Impeachment of own witness by proof of 
 contradictory or inconsistent state- 
 ments. 21 L.R.A. 426. 
 
 Contradiction of export witness as to sanity 
 or insanity. 39 L.K.A. 326. 
 
 Contradiction of subscribing witnesses as 
 to testator's sanity or insanity. 39 
 L.R.A. 719. 
 
 Admissibility of books of account to contra- 
 dict witness. 52 L.R.A. 717. 
 
 Right to impeach or contradict dying dec- 
 larations. 56 L.R.A. 441. 
 
 Admissibility of contradictory statements 
 
 fc bv declarant to impeach dying declara- 
 tions. 37 L.R.A. (N.S.) 252. 
 
 44. Right to impeach one's own wit- 
 ness. 
 
 General rule. 21 L.R.A. 418. 
 
 Limits of the rule. 21 L.R.A. 420. 
 
 Exceptions, to the rule. 21 L.R.A. 422. 
 
 Conflicting testimony. 21 L.R.A. 428. 
 
 Prior interrogation necessary. 21 L.R.A. 
 428. 
 
 Effect of recalling. 21 L.R.A. 429. 
 
 Effect of calling opponent's witness. 21 
 L.R.A. 430. 
 
 State statutes. 21 L.R.A. 430. 
 
 English doctrine. 21 L.R.A. 432. 
 
 Does the rule preventing impeachment of 
 one's own witness by proof of contra- 
 dictory statements out of court apply 
 where such statements would have been 
 admissible in chief as admissions 
 against interest. 22 L.R.A. (N.S.) 556. 
 
 Right to impeach one's own witness because 
 he has not testified as expected, where 
 his testimony is not affirmatively in- 
 jurious. 42 "L.R.A. (N.s.) 747. 
 
 Right of party calling a witness who con- 
 tradicts himself on cross-examination to 
 introduce evidence of previous state- 
 ments consistent with his testimony on 
 direct examination. L.R.A.1915F, 601. 
 
 45. Corrobo ration. 
 
 Admissibility of books of account to corrob- 
 orate witness. 52 L.R.A. 718. 
 
 Right to sustain dying declarations and wit- 
 ness testifying thereto. 56 L.R.A. 441. 
 
 Right of court to caution jury as to corrob- 
 oration of testimonv of accused. 19 
 L.R.A.(N.S.) 812.
 
 INDEX TO L.R.A. NOTES. 
 
 1409 
 
 WITNESSES, IV. cont'd 
 
 Does the fact that a witness's testimony is 
 contradicted by opposing testimony 
 warrant the introduction of evidence of 
 his reputation for truth and veracity. 
 12 L.R.A. (N.S.) 364. 
 
 Contradictory statements made by one ac- 
 cused of perjury as sufficient corrobora- 
 tion of single " witness. L.R.A.1918E, 
 928. 
 
 46. by proof of previous consistent 
 statements out of court. 
 
 The early doctrine. 41 L.R.A. (N.S.) 858. 
 
 The purpose in proving consistent state- 
 ments. 41 L.R.A. (N.S.) 870. 
 
 Consistent statements offered as evidence in 
 chief. 41 L.R.A.(N.S.) 872. 
 
 Necessity of impeaching the witness. 41 
 L.R.A.(N.S.) 873. 
 
 How witnesses are impeached. 41 L.R.A. 
 (N.S.) 877. 
 
 The modern general rule of inadmissibility. 
 41 L.R.A.(N.S.) 878. 
 
 The reasons for excluding the evidence. 41 
 L.R.A.(N.S.) 883. 
 
 The rule in cases of rape. 41 L.R.A. (N.S.) 
 886. 
 
 Exceptions to the modern rule of inadmissi- 
 bility. 41 L.R.A. (N.S.) 889. 
 
 Impeachment by proof of bad character. 
 41 L.R.A:(N.S.) 901. 
 
 Opening the door for consistent statements. 
 41 L.R.A.(N.S.) 903. 
 
 Re-establishing credit after evidence of con- 
 tradictory statements. 41 L.R.A. (N.S.) 
 905. 
 
 Refuting inferences from equivocal conduct. 
 41 L.R.A.(N.S.) 917. 
 
 Need of preliminary proof of inconsistent 
 statements. 41 L.R.A. (N.S.) 920. 
 
 Sequence of consistent and inconsistent 
 statements. 41 L.R.A. (N.S.) 922. 
 
 Coincidence of consistent statements and 
 events. 41 L.R.A. (N.S.) 923. 
 
 Aids to memory. 41 L.R.A. (N.S.) 928. 
 
 Private writings. 41 L.R.A. (N.S.) 928. 
 
 Previous consistent statements under oath. 
 41 L.R.A.(N.S.) 933. 
 
 Testimony by witnesses to their own con- 
 sistent statements. 41 L.R.A. (N.S.) 
 938. 
 
 Self-serving declarations of litigant witness- 
 es. 41 L.R.A.(N.S.) 940. 
 
 Consistent statements as answers to admis- 
 sions against interest. 41 L.R.A. (N. 
 S.) 946. 
 
 Necessity of identity in substance of con- 
 sistent^ statements and testimony. 41 
 L.R.A.(N.S.) 948. 
 
 Statements relating to age. 41 L.R.A. (N. 
 S.) 949. 
 
 Extra-judicial identifications of persons ac- 
 cused of crime. 41 L.R.A.(N.S.) 949. 
 
 Corroborating the deed. 41 L.R.A.(N.S.) 
 952. 
 
 Corroborating accomplices in trials for 
 crime. 41 L.R.A.(N.S.)' 954. 
 
 Right of party calling a witness who con- 
 tradicts himself on cross-examination 
 to introduce evidence of previous state- 
 Consult also L.R.A. Digests of Cases. 89 
 
 WITNESSES cont'd 
 
 ments consistent with his testimony on 
 direct examination. L.R.A.1915F, 601. 
 
 V. Credibility. 
 
 47. Generally. 
 
 Instructions as to, see TRIAL, 61-63. 
 
 Attack out of court in presence of jurymen 
 upon credibility of witness as ground 
 for new trial. L.R.A.1917B, 248. 
 
 Credibility of witnesses as to character in 
 criminal cases. 14 L.R.A. (N.S.) 
 739. 
 
 Impeaching character of accused for credi- 
 bility. 20 L.R.A. 616. 
 
 Right of jurors to act on their own knowl- 
 edge as to credibility of witnesses. 31 
 L.R.A. 496. 
 
 Right of jurors to test credibility of par- 
 ticular witness by their own knowledge. 
 37 L.R.A.(N.S.) 805. 
 
 Credibility of witness of unsound mind as 
 question for the jury. 46 L.R.A. (N.S.) 
 1030. 
 
 Right to show unchastity of prosecutrix in 
 statutory rape to ail'ect her credibility. 
 48 L.R.A.(N.S.) 272. 
 
 Credibility and effect of testimony of person 
 injured at a railroad crossing that he 
 looked' and listened where he must 
 have detected the train had he looked 
 or listened. L.R.A.1915B, 140. 
 
 VI. Compensation, 
 a. In general. 
 
 48. Generally. 
 
 Witness fees to persons under detention or 
 recognizance. 20 L.R.A. 57. 
 
 Duty of state to advance fees of witnesses 
 summoned on its behalf. 31 L.R.A.(N. 
 S.) 781. 
 
 Offering to pay witness as a ground for dis- 
 barment or suspension of attorney. 
 L.R.A.1915A, 514. 
 
 49. Right of state to require services 
 of witness without. 
 
 Inherent right to command service. 39 
 
 L.R.A. 116. 
 Application of constitutional provisions. 39 
 
 L.R.A. 118. 
 The rule as applied to expert testimony. 
 
 39 L.R.A. 120. 
 
 General rules with relation to civil cases. 
 39 L.R.A. 121. 
 
 g 50. Agreement for extra compensa- 
 tion. 
 
 Validity of agreements to pay witnesses 
 extra compensation. 30 L.R.A. (N.S. ) 
 280; L.R.A.1918F, 1102. 
 
 ft. Of expert witness. 
 
 51. Generally. 
 
 As to matters of fact. 27 L.R.A. 669; 25 
 L.R.A.(N.S.) 1040; 33 L.R.A.(N.S.) 
 336. 
 
 As to requiring examination or preparation. 
 27 L.R.A. 669.
 
 1410 
 
 JNDEX TO L.R.A. NOTES. 
 
 WITNESSES, VI. b cont'd 
 
 Cases denying the right to additional com- 
 pensation. 27 L.R.A. 670. 
 
 Cases affirming the right to additional com- 
 pensation. 27 L.R.A. 671. 
 
 Reasons given for the different rulings. 27 
 L.R.A. 671. 
 
 Statutory provisions. 27 L.R.A. 672. 
 
 By whom paid. 27 L.R.A. 673. 
 
 The English rule. 27 L.R.A. 673. 
 
 Duty of state to advance fees of witnesses 
 summoned on its behalf. 31 L.R.A. (N. 
 S.) 781. 
 
 Validity of agreement to pav expert. 30 
 L.R.A.(N.S-) 281; L.R.A.* 1918F, 1102. 
 
 Attorney's implied power to bind client for 
 fees of. 23 L.R.A. (N.S.) 704. 
 
 Right of state to require services of expert 
 witnesses without compensation. 39 
 L.R.A. 120. 
 
 WOLF. 
 
 Liability for injury by. 11 L.R.A. (N.S.) 
 748. 
 
 WOMAN* SUFFRAGE. 
 
 See FEMALE SUFFRAGE. 
 
 WOMEN. 
 
 g 1. Generally. 
 
 As clerks, see CLERKS, 4. 
 As deputies, see DEPUTY, 4. 
 Constitutionality of statutes, as to, see 
 
 CONSTITUTIONAL LAW, 177. 
 Exclusion from saloons, see INTOXICATING 
 
 LIQUORS, 6. 
 Libel or slander by charging unchastity of, 
 
 see LIBEL AND SLANDER, 12. 
 Eligibility to office, see OFFICERS, 7. 
 
 Included in term "persons." 19 L.R.A. 226. 
 Evidence of specific instances to character 
 
 of. 14 L.R.A. (N.S.) 689. 
 Negligence of, in getting on or off moving 
 
 street car. 38 L.R.A. 789. 
 Arrest without warrant of women soliciting 
 
 or accosting men. L.R.A.1917D, 697. 
 Taking liberties with woman as an assault. 
 
 L.R.A.1917A, 142. 
 
 g 2. Rights of. 
 
 Right to vote, see ELECTIONS, 3. 
 Right to hold office, see OFFICERS, 7. 
 
 Right to practise law. 21 L.R.A. 701. 
 
 Right to petition in relation to school mat- 
 ters. 43 L.R.A. 'N.S.) 293. 
 
 Constitutionality of statute entitling women 
 to serve as jurors. L.R.A.1918E, 773. 
 
 WOOD. 
 
 WOOD cont'd 
 
 See also LOGS AND LOGGING; LUMBER; TIM- 
 BER; TREES. 
 
 Regulation of storage of. for purpose of 
 fire protection. 41 L.R.A. (N.S.) 457. 
 
 Sufficiency of delivery of cord wood on sale 
 out of larger lot. 26 L.R.A. (N.S.) 38. 
 
 WOOD ALCOHOL. 
 
 Liability for injury to employee by explo- 
 sion of. L.R.A. 1918B, 864. 
 
 WOODEN BUILDINGS. 
 
 Within fire limits, see BUILDINGS, 4. 
 
 WORDS. 
 
 As provocation for homicide, see HOMICIDE, 
 
 24. 
 Meaning of, see DEFINITIONS. 
 
 Words as affecting false impvisonuu-Qt 
 where plaintiff did not accompany th 
 person using them. 7 L.K.A. ^X.S.) 
 576. 
 
 WORDS AND PHRASES. 
 
 Protection of descriptive word or phrase as 
 
 trademark, see TRADEMARK, 7. 
 In general, scee DEFINITIONS. 
 
 WORDS OF INHERITANCE. 
 
 Necessity for, in reservation of easements. 
 
 20 L.R.A. 632. 
 Effect of statute disposing of necessity of 
 
 using, on estate passing by deed. 12. 
 
 L.R.A.(N.S.) 963. 
 
 'lenant's right to cut, see LANDLORD AND 
 
 TENANT, 54. 
 Bet/in irith this book on every law question. 
 
 WORK AND LABOR. 
 
 1. Generally. 
 
 Right to compel prisoners to labor, see 
 
 CRIMINAL LAW, 77. 
 Liability of husband for legal services for 
 
 wife in divorce suit, see DIVORCE AND 
 
 SEPARATION, 39-40a. 
 Wife's liability for legal services in di- 
 vorce suit, see HUSBAND AND WIFE,. 
 
 23. 
 Right of married woman to recover for 
 
 services to third persons see HUSBAND 
 
 AND WIFE, 65. 
 Services of illegitimates, see ILLEGITIMACY, 
 
 2a. 
 
 Lien for, see MECHANICS' LIEXS. 
 Work on mining claim, see MINES, 16, 25.-
 
 INDEX TO L.R.A. NOTCES. 
 
 1411 
 
 WORK AND LABOR cont'd 
 
 Creditor's right as to personal services of 
 debtor, see DEBTOR AND CREDITOR, 2. 
 
 Right of partner to compensation for serv- 
 ices, see PARTNERSHIP, 27. 
 
 Loss of service as element in action by 
 father for seduction of child, see SEDUC- 
 TION, 5. 
 
 On Sunday, see SUNDAY, 5, 6. 
 
 Collusiveness of the testimony of experts 
 as to the value of professional serv- 
 ices. 45 L.R.A. (N.S.) 181. 
 
 Guarantying payment of labor on goods 
 destroyed as insurance. 47 L.R.A. 
 (N.S.) 301. 
 
 Combination to control price of labor per 
 se a violation of the statute against 
 trusts and monopolies. 23 L.R.A. (N. 
 S.) 1260. 
 
 Effect of express provision by statute or 
 charter for payment of subscription in 
 cash or monev to exclude payment in 
 services. 27 L.R.A. (N.S.) 315. 
 
 Conscription of labor for working highway 
 as a tax. 5 L.R.A. (N.S.) 1139. 
 
 What services for jurors are proper sub- 
 jects of county charge. 21 L.R.A. (N. 
 S.) 200. 
 
 Loss of service as element in action by 
 father for seduction of child. 14 L.R.A. 
 700. 
 
 Libel in charging one with exacting exces- 
 sive compensation for. 40 L.R.A. (N. 
 S.) 79. 
 
 2. Contracts for. 
 
 Liability for, on contractor's bond, see 
 BONDS, 10. 
 
 Contracts for services in building or con- 
 struction, see BUILDING AND CONSTRUC- 
 TION CONTRACTS. 
 
 Implied contract to pay for, see CONTRACTS, 
 4-6; MUNICIPAL CORPORATIONS, 60. 
 
 Oral contract as to generally, see CON- 
 TRACTS, 35a, 36. 
 
 Oral contract to will property in payment 
 for, see CONTRACTS, 33. 
 
 Distinction between sales and contracts for, 
 under statute of frauds, see CONTRACTS, 
 36. 
 
 Oral contract for services not intended to 
 be performed within a year, see CON- 
 TRACTS, 39. 
 
 Effect of part performance of contract for, 
 see CONTRACTS, 137, 138. 
 
 Servant's duty as to, see MASTER AND SERV- 
 ANT, II. 
 
 As to specific enforcement of contract to 
 compensate for, see SPECIFIC PERFORM- 
 ANCE, 6, 9. 
 
 Compensation to partner for, see PARTNER- 
 SHIP, 27, 35, 43. 
 
 Agreement to compensate for by will, see 
 WILLS, 2. 
 
 On Sunday, see SUNDAY, 5, 6. 
 
 Bequest or devise in payment for services, 
 etc. rendered testator as subject to suc- 
 cession tax, L.R.A. 191 6C, 55.). 
 
 Consult ali*o L.R.A. Digest* of Canes. 
 
 WORK AND LABOR -cont'd 
 
 Champertous contracts for services by lay' 
 men. L.R.A.1916E, 68. 
 
 Effect upon character of sum agreed upon 
 for breach of contract as penalty or 
 liquidated damages of single or multi- 
 ple stipulations in contract. L.R.A. 
 1915E, 393. 
 
 Recovery by one who abandons a contract 
 for work or labor without cause or jus- 
 tification. L.R.A.1916E, 790. 
 
 Claim against state for. 42 L.R.A. 47. 
 
 Right of husband or wife to compensation 
 for services rendered to the other. 15 
 L.R.A. 2] 5. 
 
 Validity of contract by husband to pay wife 
 for services. L.R.A.1917D, 268. 
 
 Right of married woman to maintain action 
 for services rendered to a third person 
 living in the home. 46 L.R.A.(N.S.) 
 238. 
 
 Liability of one who solicits the services of 
 a physician or surgeon for another. 46 
 L.R.A. (N.S.) 577. 
 
 Infant's right to repudiate contract for and 
 sue on quantum meruit. 15 L.R.A. 211. 
 
 Validity of contract for, in violation of 
 law. 12 L.R.A.(N.S.) 608. 
 
 Validity of contract for material patented 
 or held in monopoly where a letting to 
 the lowest bidder is required. 46 L.R.A. 
 (N.S.) 990. 
 
 Moral obligation as consideration for prom- 
 ise to pay for past services. 53 L.R.A. 
 372; 26 L.R.A. 526. 
 
 Priority of claims for labor against prop- 
 erty in hands of receiver over recorded 
 liens. 41 L.R.A. (N.S.) 708. 
 
 Denial upon information and belief as to. 
 30 L.R.A.(N.S.) 776. 
 
 Promise of additional compensation for com- 
 pleting an executory contract other 
 than for the payment of money. H 
 L.R.A.(N.S.) 789; 28 L.R.A.(N.S.) 
 450. 
 
 Breach by promisor during lifetime of con- 
 tract to compensate for services on 
 death as starting statute of limitations. 
 36 L.R.A.(N.S.) 922. 
 
 Admissibility of books of account to prove 
 work done and service rendered. 52 
 L.R.A. 695. 
 
 Assignee of accounts for, as real party in 
 interest by whom action may be 
 brought. 64 L.R.A. 597. 
 
 Municipal contracts for work embodying a 
 patented invention. 18 L.R.A. 45. 
 
 Measure of damages for failure to perform 
 contract to compensate for services by 
 will. 41 L.R.A.(N.S.) 24tk 
 
 Loss of profits as element of damages for 
 breach of contract for. o3 L.R.A. 33. 
 
 Right to interest on demand for. 28 L.R.A. 
 (N.S.) .1. 
 
 Constitutionality of statute providing for 
 imprisonment for breach of contract of 
 labor or rental. 21 L.R.A. (N.S.) 242. 
 
 Assignment or release of the right ' to a 
 third person's services. L.R.A. 1917F, 
 842.
 
 1,412 
 
 INDEX TO L.R.A. NOTES. 
 
 WORKHOUSE. 
 
 Right of woman to be director of. 38 
 L.R.A. 211. 
 
 Who is, within meaning of workman's com- 
 pensation act. L.R.A.1916A, 115, 246. 
 
 WORKMEN'S COMPENSATION. 
 
 1. Generally. 
 
 Construction and effect of workmen's com- 
 pensation acts generally. L.R.A. 
 1916A, 23; L.R.A.1917D, 89. 
 Limitation of application of workmen's 
 compensation statute by Federal laws. 
 L.R.A.1916A, 461; L.R.A.1917D, 85. 
 Extraterritorial application of workmen's 
 . - compensation act ; conflict of laws. 
 
 L.R.A.1916A, 443; L.R.A.1917D, 83. 
 Applicability of Compensation Statutes to 
 .'. minors/ L.R.A.1918F, 209. 
 
 2. Validity of statutes. 
 
 Constitutionality of workmen's compensa* 
 
 tion and industrial insurance statutes. 
 
 34 L.R.A.(N.S.) 162; 37 L.R.A. (N.S.) 
 
 466; ' L.R.A.1916A, 409; L.R.A.1917D, 
 
 61. 
 
 3. Review of decisions of commis- 
 sion; appeals. 
 
 Right and extent of review of findings of 
 ... commission. L.R.A.1917D, 186. 
 
 Under English act of 1906. L.R.A.1916A, 
 178. 
 
 American decisions. L.R.A.1916A, 266. 
 
 Provision in Workmen's Compensatiqn Act 
 as to appeals in Scotland, where an 
 action is raised independently of the 
 act. L.R.A.1916A, 127. 
 
 Conclusiveness of finding as to whether in- 
 jufy Was one "arising out of and in the 
 course of" the employment. L.R.A. 
 1918F, 915. 
 
 Conclusiveness of findings as to what con- 
 stitutes an accident or personal injury. 
 L.R.A.1918F, 877. 
 
 4. Who is an employee within mean- 
 ing, of acts. 
 
 In general. L.R.A.1916A,, 115, 246; L.R.A. 
 
 IflmX 145; L.R.A.1918F, 201. 
 Public officers or employees. L.R.A.1917D, 
 
 146. 
 
 Teachers. L.R.A.1918F, 204. 
 Who are employees of state, county, city, 
 
 district, or charitable and other pub- 
 lic institutions. L.R.A.1918F, 190. 
 Persona* employed by employees. L.R.A. 
 
 19T8F, 202. 
 Employees injured while off duty. L.R.A. 
 
 1918F, 202. 
 Officers and stockholders of corporation. 
 
 L.R.A.1918F, 203. 
 
 Members of partnership. L.R.A.1918F, 204. 
 Employees paid by commission or by the 
 
 piece. L.R.A.1918F, 205. 
 Employees sharing in profits. L.R.A. 
 
 1917D, 146. 
 Applicability of statute as affected by 
 
 amount of remuneration of employee. 
 
 L.R.A.1917D, 146; L.R.A.1918F, 205. 
 
 Begin with this book on every law question. 
 
 WORKMEN'S COMPENSATION cont'd 
 Farm laborers and domestic servants. 
 
 L.R.A.1917D, 147; L.R.A.1918F, 202. 
 Wives, children, and members of family. 
 
 L.R.A.1918F, 205. 
 Independent contractors, subcontractors, 
 
 and their employees. L.R.A.1916A, 
 
 118, 247; L.R.A.1917D, 148; L.R.A. 
 
 1918F, 206. 
 Employees of subcontractors. L.R.A. 
 
 1917D, 148. 
 "Casual" employees. L.R.A.1916A, 120, 
 
 247, 365; L.R.A.1917D, 147; L.R.A. 
 
 1918F, 202. 
 
 Seamen. L.R.A.1916A, 120. 
 Driver of taxicab as workman. L.R.A. 
 
 1918E, 422. 
 
 5. Liability to servants of contract- 
 ors. 
 
 In general. L.R.A.1917D, 148; L.R.A. 
 
 1918F, 206. 
 
 English and Colonial decisions. L.R.A. 
 191GA, 95. 
 
 6. What employers and employments 
 are within provisions of acts. ; 
 
 Who are employers within the meaning of 
 the Compensation Statutes. L.R.A. 
 1918F, 179. 
 
 Applicability of Compensation Acts to 
 states, counties, cities, districts, chari- 
 table and other public institutions, and 
 their employees. L.R.A. 1917D, 143; 
 L.R.A.1918F, 190. 
 
 Application of English act of 1906 to work- B 
 men under the Crown ( 9 ) . 
 L.R.A.19115A, 111. 
 
 Liability of general or special employer. 
 L.R.A.1917D, 143. 
 
 Application to employer having limited 
 number of employees. L.R.A.1917D, 
 144. 
 
 Liability of lessor of premises. L.R.A. 
 1917D, 145. 
 
 Employments in general. L.R.A.1916A, 
 192, 216; L.R.A.1917D, 150. 
 
 Employment for purposes of employer's 
 trade or business. L.R.A.1917D, 15^. 
 
 Employment carried on for pecuniary gain. 
 L.R.A.1917D, 151. 
 
 Extrabazardous employment and other oc- 
 cupations expressly included within 
 Workmen's Compensation Acts. L.R.A. 
 1917D, 152; L.R.A.1918F, 230. 
 
 Employment casual and not in the usual 
 course of the employer's business. 
 L.R.A.1918F, 215. 
 
 Factories, mills, warehouses, etc., power. 
 L.R.A.1917D, 156. 
 
 Injury to servant driving automobile. 
 L.R.A.1918E, 422. 
 
 Applicability of state compensation acts to 
 injuries to railroad employees while 
 engaged in handling interstate mail. 
 L.R.A.1918D, 426. 
 
 Applicability of state compensation stat- 
 utes to non-negligent injuries of rail- 
 road employees while engaged in inter- 
 state commerce. L.R.A.1918C, 450. 
 
 Applicability of State Compensation Acts 
 to injuries within admiralty jurisdic- 
 tion. ' L.R.A.1918C, 474.
 
 INDEX TO L.R.A. NOTES. 
 
 1413 
 
 WORKMEN'S COMPENSATION cont'd 
 Application of English act of 1906 to work- 
 men in the sea service ( 7). 
 L.R.A.1916A, 103. 
 
 7. What injuries are within provi- 
 sions of act. 
 
 Admissibility of coroner's finding to show 
 cause of death. L.R.A.19a8E, 926. 
 
 Injury disabling employee "from earning 
 full wages/' L.R.A.1916A, 72. 
 
 Recovery of compensation where workman 
 suffers injury from assault. L.R.A. 
 1916A, 309. 
 
 Applicability of compensation act where in- 
 sane workman commits suicide or suf- 
 fers personal injuries. L.R.A. 1916A, 339. 
 
 8. "accident" and "personal in- 
 jury." 
 
 In general. L.R.A.1916A, 29, 227; L.R.A. 
 1917D, 103; L.R.A.191SF, 867. 
 
 Hernia as an "accident" or "personal in- 
 jury" within the meaning of the com- 
 pensation act. L.R.A.1916A, 303; 
 L.R.A.1917D, 108; L.R.A.1918F, 873. 
 
 Injuries caused by weather conditions, such 
 as lightning, sunstroke, freezing, etc. 
 L.R.A.1916A, 38, 43, 241; L.R.A. 1917D, 
 108, 129; L.R.A.1918F, 936. 
 
 9. injuries "arising out of and in 
 the course of" employment. 
 
 In general. L.R.A.1916A, 40, 232; L.R.A. 
 1917D, 114; L.R.A.1918F, 89(5. 
 
 Injury from assault. L.R.A.1918E, 498. 
 
 Injuries caused by sportive acts. L.R.A. 
 191 8E, 504. 
 
 Injuries received while procuring refresh- 
 ment. L.R.A.1916A, 320; L.R.A.1917D; 
 120; 6 B. R. C. 473. 
 
 Injuries received while seeking toilet facili- 
 ties. L.R.A. 1916A, 317. 
 
 Injury to employee, received while on the 
 street. L.R.A.1916A, 314; L.R.A.1917D, 
 114;L.R.A.1918F, 911. 
 
 Injuries received while going to and from 
 work. L.R.A.1916A, 331; L.R.A.1917D, 
 119;L.R.A.1918F, 907. 
 
 Injuries received while trying to save per- 
 sonal belongings from loss. L.R.A. 
 1916A, 322. 
 
 Loss of eye through infection. L.R.A.1916A, 
 326/ 
 
 Injury by lightning. L.R.A.19186A, 347. 
 
 Injury caused by weather conditions such as 
 lightning, sunstroke, freezing, etc. 
 L.R.A.1918F, 936. 
 
 Injury caused by intoxication. L.R.A. 
 191 8F, 901. 
 
 Injury to servant using, or riding in, mas- 
 ter's automobile L.R.A.1918E, 421. 
 
 Accident occasioned by adoption of danger- 
 ous method of doing work. 7 B. R. C. 
 137. 
 
 Consult also L.R.A. Digests of Cases. 
 
 WORKMEN'S COMPENSATION cont'd 
 Injury resulting from doing prohibited act. 
 7 B. R. C. 159; L.R.A.1918F, 914. 
 
 10. disease. 
 
 Recovery for incapacity resulting from dis- 
 ease. L.R.A.1916A, 289. 
 
 Incapacity resulting from industrial or oc- 
 cupational disease. L.R.A.1916A, 106; 
 L.R.A.1917D, 113; L.R.A.1918F, 872. 
 
 Effect of fact that pre-existing disease con- 
 tributed to injury or death on right to 
 recover. L.R.A.1917D, 110, 129. 
 
 Effect of pre-existing disease which aggra- 
 vates injury. L.R.A.1918F, 869. 
 
 Recovery where disease is caused by or fol- 
 lows an accident. L.R.A.1917D, 130; 
 L,R.A.1918F, 868. 
 
 11. "serious and wilful miscon- 
 duct" of employee. 
 
 What constitutes ''serious and wilful mis- 
 conduct" within t<he meaning of the 
 compensation act. L.R.A.1916A, 75, 
 243, 355; L.R.A. 1917D, 133. 
 
 In case of injury to servant driving auto- 
 mobile. L.R.A.1918E, 423. 
 
 Recovery of compensation where injured 
 workman was intoxicated at the Lime 
 of the injury. L.R.A.1916A, 351; 
 L.R.A.1917D, 134; L.R.A.1918F, 901. 
 
 Right to compensation where injury re- 
 sults from doing prohibited act. 7 B. 
 R. C. 159; L.R.A.1918F, 914. 
 
 12. What acts or conduct of work- 
 man after injury will defeat right 
 to compensation. 
 
 Refusal of injured workman to have opera- 
 tion performed as bar to compensation 
 under workmen's compensation act. 
 L.R.A.1916A, 387. 
 
 13. Remedies where injury is caused 
 by third person. 
 
 Rights and remedies under compensation 
 acts where injuries were caused by neg- 
 ligence of third person. L.R.A. 1916A, 
 360; L.R.A.1917D, 98; L.R.A.1918F, 
 524. 
 
 Liability under English act of 1906 of third 
 person whose negligence causes 
 the injury ( 6). L.R.A.191GA, 
 100. 
 
 14. Notice of injury; claim for com- 
 pensation. 
 
 In general. L.R.A.1916A, 83, 244; L.R.A. 
 1917D, 135; L.R.A.1918E, 556. 
 
 Form and contents of notice. L.R.A.1917D, 
 137; L.R.A.1918E, 558. 
 
 Time within which notice must be given or 
 other steps taken. L.R.A.1917D, 138; 
 L.R.A.1918E, 559. 
 
 To whom notice must be given. L.R.A. 
 1917D, 138; L.R.A.1918E, 561. 
 
 By whom notice must be given. L.R.A. 
 1917D, 138; L.R.A.1918E, 562. 
 
 Employer prejudiced by failure to receive 
 notice. L.R.A.1917D, 139} L.R.A. 
 191 8E, 562.
 
 1414 
 
 INDEX TO L.R.A. NOTES. 
 
 WORKMEN'S COMPENSATION cont'd 
 Excuses for not giving notice or making 
 
 claim. L.R.A.1917D, 141; L.R.A.1918E, 
 
 564. 
 
 15. Extent of recovery. 
 
 Compensation recoverable generally. L.R.A. 
 KM 6 A, 129; L.R.A.1917D, 164. 
 
 Consideration of possible earnings of injured 
 employee in other employment, in iixing 
 compensation under compensation acts. 
 L.R.A.1916A, 377. 
 
 "Average weekly earnings" under compen- 
 sation act of workman employed by sev- 
 eral employers. L.R.A.1916A, 373. 
 
 Inability to get work because of injury, aa 
 "incapacity for work," within the mean- 
 ing of the workman's compensation 
 act. L.R.A.1916A, 380. 
 
 Effect of pre-existing disease on extent of 
 recovery. L.R.A.1917D, 110, 129. 
 
 Review of amount of award. L.R.A.1917D, 
 186. 
 
 16. Who entitled to compensation. 
 
 Who are dependents. L.R.A.1916A, 121, 
 163, 248; L.R.A.1917D, 157; L.R.A. 
 19] 8F, 483. 
 
 When are husband and wife living together 
 within the meaning of the compensation 
 act. L.R.A. 191 6A.' 370. 
 
 Recovery by nonresident alien dependents. 
 L.R.A.1918F, 496. 
 
 Right of personal representatives to com- 
 pensation that was being paid to de- 
 pendents or employees. L.R.A.1918F, 
 563. 
 
 WORTHLESS PAPER cont'd 
 
 Payment of debt by. 35 L.R.A. (N.S.) 49, 
 71. 
 
 Effect of transfer of third person's worth- 
 less check or note without indorsement. 
 10 L.R.A. (N.S.) 510. 
 
 Forgery of. 24 L.R.A. 34. 
 
 WOUND. 
 
 Opinion evidence as to cause of, see EVI- 
 DENCE, 187 b. 
 
 WOUNDING. 
 
 Internal hemorrhage as evidence of statu- 
 tory wounding. 28 L.R.A. (N.S.) 965. 
 
 WRECKING GANG, 
 
 Foreman of, as vice principal. 51 L.R.A. 
 527. 
 
 WORK OF NECESSITY. 
 
 See SUNDAY, 6. 
 
 WORK TRAIN. 
 
 Liability of railroad company for injury to 
 person wrongfully riding on work train 
 by collusion with train employee. 37 
 L.R.A.(N.S.) 427. 
 
 WORN COIN. 
 
 As medium of payment, see PAYMENT, 8. 
 Tender of. 33 L.R.A. 824. 
 
 WORSHIP. 
 
 see CONSTITUTIONAL 
 
 Freedom of, see CONSTITUTIONAL LAW, 
 
 29b. 
 Disturbance of, see DISTURBING MEETING. 
 
 Injunctive relief as to mode of. 3 L.R.A. 
 (N.S.) 879. 
 
 WORTHLESS PAPER. 
 
 WRECKS. 
 
 Wreck as attractive nuisance. L.R.A. 
 
 1917F, 1031. 
 Obstruction of navigation by; liability for. 
 
 59 L.R.A. 58. 
 Employer's liability for negligence of inde- 
 
 pendent contractor in removal of, from 
 
 navigable river. 65 L.R.A. 848. 
 Liability of owner for cost of removing, 
 
 from water. 3 L.R.A. (N.S.) 1120. 
 Presumption of survivorship among those 
 
 perishing in shipwreck. 51 L.R.A. 863. 
 
 WRENCHES. 
 
 Master's liability for injury by defect in. 
 13 L.R.A. (N.S.) 681; L.R.A.1918D, 
 1141. 
 
 Forgery of, see FORGERY, 8. 
 
 Begin with this book on every fair question. 
 
 WRIT AND PROCESS. 
 
 I. In general, 1-7. 
 II. Service, 8-4O. 
 
 a. In general, S-14. 
 
 b. Constructive or substituted 
 
 service, 15-21. 
 
 1. In general, 15-19. 
 
 2. By publication, 2O, 
 
 21. 
 
 c. Service on corporation, 
 
 22-29. 
 
 1. In general, 22, 23. 
 
 2. Foreign corporations, 
 
 24-29. 
 
 d. Privilege; exemption, 
 
 30-37. 
 
 e. Waiver of service, 3S. 
 
 f. Liability of officer making, 
 
 39. 
 
 g. Liability for failure to make, 
 
 40. 
 III. Return, 41.
 
 INDEX TO L.R.A. NOTES. 
 
 1415 
 
 WRIT AND PROCESS cont'd 
 /. In general. 
 
 $ 1. Generally. 
 
 Various particular writs, see ASSISTANCE; 
 ATTACHMENT; CAPIAS AD RESPONDEND- 
 UM; CAPIAS AD SATISFACIENDUM ; CEB- 
 TIORAKI; EXECUTION; FIERI FACIAS; 
 HABEAS CORPUS; INJUNCTION; MAN- 
 DAMUS; NE EXEAT: PROHIBITION; Quo 
 WARRANTO; REPLEVIN; RETORNO HA- 
 BEXOO. 
 
 Abuse of process, see ABUSE OF PROCESS. 
 
 Writ of error, see APPEAL AND ERROR; 
 COR AM NOB is. 
 
 Burden of proof in action for failure to 
 execute process, see EVIDENCE, 86. 
 
 Effect of form of summons in determining 
 nature of action. 50 L.R.A.(N.S.) 23. 
 
 Complaint as aiding defective summons. 44 
 L.R.A.(N.S.) 138. 
 
 For summoning grand jury. 27 L.R.A. 778. 
 
 Etfeot of lack of jurisdiction due to void, 
 irregular, or defective process, on right 
 to maintain action for malicious prose- 
 cution. 2 L.R.A. (N.S.) 3106. 
 
 Claiming, or taking possession of. prop- 
 ertv from officer who has seized it un- 
 der a writ. 47 L.R.A. (N.S.) 1146. 
 
 Defectiveness of process against junior en- 
 cumbrancer made a party to a suit for 
 foreclosure of senior mortgage. 36 
 L.R.A. (N.S.) 431. 
 
 Injunction against judgment for matters 
 affecting process. 31 L.R.A. 204. 
 
 Injunction against sales or other proceed- 
 ings under final process. 30 L.R.A. 98. 
 
 Title of purchaser at judicial sale as af- 
 fected by irregularities in process. 21 
 L.R.A. 43. 
 
 Solicitation to avoid as a crime. 25 L.R.A. 
 439. 
 
 Effect of omission of internal revenue stamp 
 from. 48 L.R.A. 313. 
 
 Effect of defects or omission in copy of writ 
 or process delivered to person served. 
 L.R.A.1917C, 150. 
 
 Execution of process and writs in name of 
 deputy. 42 L.R.A.(N.S.) 881. 
 
 2. Signature. 
 
 Signing writ by proxy. 22 L.R.A. 298. 
 Typewritten, printed or stamped signature. 
 L.R.A.1917B, 285. 
 
 3. Time of issuing. 
 
 Issuance of, on holidays. 19 L.R.A. 318. 
 
 . 4. Effect of writ or process issued 
 without seal of court. 
 
 In criminal cases. 20 L.R.A. 424. 
 
 As to statutory requirements. 20 L.K.A. 
 
 424. 
 
 As to summons. 20 L.R.A. 425. 
 As to the mode and form of the seal. 20 
 
 L.R.A. 426. 
 As to use of seals on original writs in civil 
 
 cases. 20 L.R.A. 427. 
 As to judicial writs under seal. 20 L.R.A. 
 
 428. 
 
 also L.R.A. Digests of Cases. 
 
 WRIT AND PROCESS, I. ont'd 
 As to amending process and writs where 
 the seal has been omitted. 20 L.R.A. 
 
 428. 
 
 5. Mistake in name or description. 
 
 Omission of Christian name in publication 
 
 of process. 11 L.R.A. (N.S.) 676; 28 
 
 L.R.A. (N.S.) 436. 
 Use of initials instead of Christian name in 
 
 publication of process. 28 L.R.A. (N. 
 
 S.) 436. 
 Effect of summons or notice to person bv 
 
 wrong initial. 15 L.R.A. (N.S.) 129*; 
 
 42 L.R.A. (N.S.) 151. 
 Applicability of doctrine of idem sonans to 
 
 substituted or constructive service of 
 
 process. L.R.A.1915B, 1149. 
 Mistake in name of party in copy of writ or 
 
 process delivered to person served. 
 
 L.R.A.1917C, 155. 
 j Misnomer as ground of attack on divorce 
 
 decree. L.R.A.1917B, 439. 
 Complaint as aiding summons defective as 
 to names. 44 L.R.A.(N.S.) 138. 
 
 6. effect of erroneously describing 
 defendant as a corporation instead 
 of as individual or partnership, or 
 vice versa. 
 
 Describing defendant as corporation instead 
 
 of partnership. 40 L.R.A. (N.S.) 567. 
 Describing defendant as corporation instead 
 
 of individual. 40 L.R.A. (N.S.) 568. 
 Describing defendant as partnership instead 
 
 of corporation. 40 L.R.A.(N.S.) 569. 
 Describing defendant as individual instead 
 
 of corporation. 40 L.R.A. (N.S.) 569. 
 
 7. Amendment. 
 
 Amendment of process where seal has been 
 
 omitted. 20 L.R.A. 428. 
 Of writ of error from Federal Supreme 
 
 Court. 66 L.R.A. 839. 
 
 71. Service, 
 a. In general. 
 
 8. Generally. 
 
 Acceptance of service, see ACCEPTANCE, 2. 
 
 Consent to mode of service, see CONSENT, 
 16. 
 
 Constitutionality of statute as to, see CON- 
 STITUTIONAL LAW, 190. 
 
 In action by or against partnership, see 
 PARTNERSHIP, 54. 
 
 Quashing summons or setting aside service 
 thereof as affecting statute of limita- 
 tions. 45 L.R.A. (N.S.) 756. 
 
 Motion to quash summons or set aside serv- 
 ice as extending time to plead. 47 
 L.R.A.(N.S.) 855. 
 
 Attack on divorce decree based on illegal 
 or defective service of process. L.R.A. 
 1917B, 435. 
 
 Fraudulent service of process in divorce 
 suit as ground for attack on decree. 
 L.R.A.1917B, 451. 
 
 What constitutes "personal service" of pa- 
 pers. 16 L.R.A. 200.
 
 1416 
 
 INDEX TO L.R.A. NOTES. 
 
 WRIT AND PROCESS, II. a cont'd 
 
 In whose name deputy should act in execu- 
 tion of process and writs. 19 L.R.A. 
 180. 
 
 Injunction against judgment for matters af- 
 fecting service of process. 31 L.R.A. 
 204. 
 
 Right of intervenor in attachment to at- 
 tack validity of service of process. 23 
 L.R.A.(N.S.) 1084. 
 
 Resisting service of civil process fair on its 
 face but invalid in fact as an ofl'ense. 
 21 L.R.A.(N.S.) 66. 
 
 Necessity for service upon wife in action 
 for wife's libel and slander. 30 L.R.A. 
 529. 
 
 Right to break and enter dwelling to serve 
 civil writ of process. L.R.A.1916D, 281. 
 
 Right of officer in executing criminal proc- 
 ess to take possession of evidentiary 
 articles. 18 L.R.A. (N.S.) 253; L.R.A. 
 1916C, 1017. 
 
 What service of process is sufficient to au- 
 thorize judgment in rem. 50 L.R.A. 
 597. 
 
 Services of writ or process by telephone. 
 L.R.A.1915D, 427. 
 
 Necessity and sufficiency of service of notice 
 of application for alimony or support 
 or for change of allowance in that re- 
 gard after decree of divorce or separa- 
 tion. L.R.A.1915B, 674. 
 
 Of writ or error from Federal Supreme 
 Court. 66 L.R.A. 840. 
 
 Of citation from Federal Supreme Court. 
 66 L.R.A. 845. 
 
 Federal courts following states' decisions as 
 
 to form of service of. 
 453. 
 
 40 L.R.A.(N.S.) 
 
 9. Who may serve. 
 
 Power of consul to serve process. 45 L.R.A. 
 500. 
 
 10. Time of. 
 
 First and last days in computing time on. 
 
 49- L.R.A. 217. 
 Service of, on holiday. 19 L.R.A. 318. 
 
 11. Place of. 
 
 Place of constructive or substituted service, 
 see infra, 17. 
 
 12. personal service out of state. 
 
 Personal service out of state on nonresident. 
 50 L.R.A. 585. 
 
 13. On nonresident. 
 
 Constructive service, see infra, 18. 
 
 Due process in service on. 50 L.R.A. 577. 
 
 What service sufficient as basis of judgment 
 in personam against nonresident. 50 
 L.R.A. 577. 
 
 Right to serve process in action against cor- 
 poration upon nonresident officer who is 
 within state as a party. 24 L.R.A. 
 (N.S.) 276; 52 L.R.A. (N.S.) 583. 
 
 13a. On prisoner. 
 
 Process may generally be served. 46 L.R.A. 
 
 706. 
 
 Prisoner serving sentence. 46 L.R.A. 707. 
 Assistance of court. 46 L.R.A. 708. 
 Service on jailer. 46 L.R.A. 708. 
 
 WRIT AND PROCESS, II. a cont'd 
 Service immediately after discharge from 
 
 criminal arrest. 46 L.R.A. 709. 
 Effect of privilege from first arrest. 46 
 
 L.R.A. 709. 
 
 Illegality of first arrest. 46 L.R.A. 709. 
 Custody under extradition proceedings. 46 
 
 L.R.A. 711. 
 
 14. What service sufficient to consti- 
 tute due process. 
 
 As basis of judgment in personam. 50 
 L.R.A. 577. 
 
 As basis of judgment in rem, 50 L.R.A. 
 597. 
 
 Constructive or substituted service on resi- 
 dent in action in personam as due 
 process of law. 35 L.R.A. (X.S.) 
 292; L.R.A.1917C, 1143. 
 
 b. Constructive or substituted service. 
 
 1. In general. 
 
 15. Generally. 
 
 In divorce suit, see DIVORCE AND SEPABA- 
 
 Begin with this book on every law question. 
 
 As to decrees of divorce rendered upon con- 
 structive service, see DIVORCE AND 
 SEPARATION, 10. 
 
 Award of alimony upon constructive service, 
 see DIVORCE AND SAPARATION, 38. 
 
 Validity and effect of a judgment against 
 parties designated in an action as un- 
 known. L.R.A.1918F, 609. 
 
 Constructive or substituted service on resi- 
 dent in action in personam- as due 
 process of law. 35 L.R.A. (N.S.) 292; 
 L.R.A.1917C, 1143. 
 
 Applicability of doctrine of idem sonans 
 to substituted or constructive service of 
 process. 30 L.R.A. (N.S.) 122; L.R.A. 
 1915B, 1149. 
 
 Validity of constructive service upon part- 
 nership in firm name. 29 L.R.A. (N.S. > 
 287. 
 
 Validity of statute authorizing constructive 
 or substituted service on domestic cor- 
 poration. 4 L.R.A. (N.S.) 117. 
 
 Is remedy of party to open a default judg- 
 ment based on constructive service of 
 process available to his privies. 26 
 L.R.A.(N.S.) 1063. 
 
 Effect on marketability of title of defective 
 constructive service of process. 38 
 L.R.A.(N.S.) 23. 
 
 Lack of actual notice in case of construc- 
 tive service as ground for relief, under 
 a statute permitting opening of a 
 judgment for mistake, inadvertence, 
 surprise, or excusable neglect. 31 
 L.R.A.(N.S.) 1068. 
 
 Effect of absence of personal service on va- 
 lidity of the Torrens Law. L.R.A. 
 191 6D, 16. 
 
 Attack on divorce decree for failure to con- 
 form to statute in making constructive 
 service on defendant spouse. L.R.A. 
 191 7B, 436. 
 
 Constructive service of process in suit to 
 set aside divorce. L.R.A.1917B, 509.
 
 INDEX TO L.R.A. NOTES. 
 
 1417 
 
 WRIT AND PROCESS, II. b, 1 cont'd 
 16. Inquiries as to defendant's 
 whereabouts. 
 
 Character of inquiry as to whereabouts of 
 party necessary to sustain con- 
 structive service of process. 37 
 L.R.A.(N.S.) 206. 
 
 3 17. Place of service. 
 
 Where may process be served under statutes 
 providing for constructive service by 
 leaving it at one's usual place of abode, 
 residence, and the like. 21 L.R.A. (N.S.) 
 344, 
 
 18. On nonresident. 
 
 Service by publication, see infra, 20. 
 In divorce suit, see DIVORCE AND SEPARA- 
 TION, 10. 
 
 Constructive service on alien enemy. L.R.A. 
 1918B, 196. 
 
 In proceedings in rem against nonresident. 
 50 L.R.A. 582. 
 
 Validity of personal judgments rendered up- 
 on constructive process against non- 
 residents. 16 L.R.A. 231. 
 
 Sufficiency of constructive service on alien 
 enemy. 5 B. R. C. 594. 
 
 May jurisdiction of suit to determine in- 
 terests of partners or cotenants in real 
 property within state rest upon con- 
 structive service upon nonresident. 52 
 L.R.A.(N.S.) 1061. 
 
 May jurisdiction of suit for specific per- 
 formance of a contract for the convey- 
 ance of land within the territorial ju- 
 risdiction rest upon constructive service 
 of process against a nonresident. 23 
 L.R.A.(N.S.) 1135. 
 
 May jurisdiction of suit to quiet title or re- 
 move cloud on title of land within the 
 territorial jurisdiction rest upon con- 
 structive service of process against a 
 nonresident. 29 L.R.A.(N.S.) 625. 
 
 19. Validity of personal judgments 
 rendered on constructive service. 
 
 Against residents. 16 L.R.A. 232. 
 
 What service sufficient as basis of judgment 
 in personam. 50 L.R.A. 577. 
 
 What property subject to. 16 L.R.A. 234. 
 
 For alimony or costs. 16 L.R.A. 234. 
 
 Against nonresident not personally 
 served within the state, and not 
 appearing. 9 L.R.A.(N.S.) 593; 
 L.R.A.1917F, 1161. 
 
 Validity of personal judgment against par- 
 ties designated in an action as un- 
 known. L.R.A.1918F, 609. 
 
 Against nonresidents. 16 L.R.A. 231. 
 
 In proceedings in rem. 50 L.R.A. 582. 
 Judgment for alimony. 9 L.R.A.(N.S.) 
 593; L.R.A.1917F, 1161. 
 
 Constitutionality of statute authorizing per- 
 sonal judgment against partners on 
 personal service on one or more. 50 
 L.R.A. 595. 
 
 Validity and effect, as against defendant 
 not personally served within the state, 
 of a judgment in personam against 
 joint debtors. 35 L.R.A. (N.S.) 312. 
 
 Consult also L.R.A. Digests of Cases. 
 
 WRIT AND PROCESS, II. b, 1 cont'd 
 Service of process upon foreign corporation 
 not doing business within the state, as 
 basis of a judgment in personam. 8 
 L.R.A. (N.S.) 538. 
 
 Effect of combining a claim for judgment 
 in personam with a claim for judgment 
 in rem in a suit based on constructive 
 service or service by publication. 
 L.R.A.1918B, 518. 
 
 -'. By publication. 
 
 20. In general. 
 
 Validity and effect of a judgment against 
 parties designated in an action as un- 
 known L.R.A.1918F, 609. 
 
 Validity of service by publication on alien 
 enemy. L.R.A. 19 18B, 196. 
 
 Effect of combining a claim for judgment 
 in personam with a claim for judgment 
 in rem in a suit based on service bv 
 publication. L.R.A.1918B, 518. 
 
 Service by publication on resident in action 
 in personam as due process of law. 35 
 L.R.A.(N.S.) 294; L.R.A.1917C, 1143. 
 
 Right to probate will on service of notice 
 by publication. 35 L.R.A. (N.S.) 1058. 
 
 Publication of process against married 
 woman in her maiden name. 19 L.R.A. 
 (N.S.) 984. 
 
 Effect of acceptance of service of process by 
 publication or personally outside of 
 state. 24 L.R.A. (N.S.) 1279. 
 
 When action based on service by publication 
 deemed commenced for purpose of stat- 
 ute of limitations. 28 L.R.A. ( N.S. ) 702. 
 
 Service by publication to give jurisdiction 
 of issues between nonresident and resi- 
 dent claimants to benefits under an in- 
 surance policy. L.R.A.1917B, 393. 
 
 Relief from judgments rendered on publica- 
 tion of process. 16 L.R.A. 361. 
 
 Opening, setting aside, and vacating decrees 
 obtained by publication. 19 L.R.A. 
 817. 
 
 Under the Torrens Law. L.R.A.1916D, 16. 
 
 Sufficiency of notice by publication to in 
 sured of cancelation of fire policy. 50 
 L.R.A.(N.S.) 40. 
 
 21. Affidavit for. 
 
 Affidavit showing that persons sought to be 
 made parties or their names are un- 
 known. L.R.A.1918F, 629. 
 
 Falsity of affidavit to obtain leave to serve 
 process by publication in divorce suit 
 as fraud vitiating decree. L.R.A. 
 1917B, 447. 
 
 Effect of omission of statement that dwner 
 is unknown in affidavit for senrice by 
 publication in proceedings in rem, to 
 enforce tax. 36 L.R.A. (N.S.) 1064. 
 
 Delay in procuring order for publication of 
 summons after making of affidavit. 47 
 L.R.A.(N.S.) 499. 
 
 o. Service on corporation. 
 1. In general. 
 
 22. Generally. 
 
 What service sufficient as basis of judgment 
 in personam against corporation. 50 
 L.R.A. 588.
 
 1418 
 
 INDEX TO L.R.A. NOTES. 
 
 WRIT AND PROCESS, II. c, 1 cont'd 
 Validity of statutes authorizing construc- 
 tive or substituted service on domestic 
 corporation. 4 L.R.A. (N.S.) 117. 
 Injunction against judgment for matters 
 relating to service on corporation. 31 
 L.R.A. 206. 
 
 23. On servant, agent, or officer. 
 
 Of foreign corporation, see infra, 25-27. 
 
 Service of process on servant or agent of 
 lessee of railroad corporation. 4 L.R.A. 
 (N.S.) 272. 
 
 Admission or waiver of service by statutory 
 agent of corporation appointed to re- 
 ceive service. 2 L.R.A. (N.S.) 389. 
 Service of process, after appointment of re- 
 ceiver, upon person designated by 
 statute to receive service for cor- 
 poration. 47 L.R.A. (N.S.) 179. 
 Service of process on railroad or steamship 
 company by delivery to station or tick- 
 et agent. L.R.A.1916F, 453. 
 
 2. Foreign corporations. 
 
 24. Generally. 
 
 Acquiring jurisdiction over foreign corpo- 
 ration by service of process. 70 
 L.R.A. 532. 
 
 Transactions pursuant to agreement with 
 local dealer to sell product of foreign 
 corporation within state as doing busi- 
 ness therein, rendering corporation sub- 
 ject to service of process. 44 L.R.A. 
 (N.S.) 1097. 
 
 Soliciting trade as doing business within the 
 state so as to authorize service against. 
 9 L.R.A.(N.S.) 1214; 23 L.R.A. (N.S.) 
 834; L.R.A.1916E, 236. 
 
 What service of process upon is sufficient 
 to constitute due process of law. 50 
 L.R.A. 589. 
 
 Exclusiveness of mode of service provided 
 by statute requiring foreign corpora- 
 tions to designate person upon whom 
 service of process may be made. 5 
 L.R.A. (N.S.) 298. 
 
 Compelling designation by foreign corpora- 
 tion of person upon whom process may 
 be served as condition of right to do 
 business. 1 L.R.A. (N.S.) 558. 
 
 Service of process upon foreign corporation 
 not doing business within the state, as 
 basis of a judgment in personam. 8 
 L.R.A. (N.S.) 538. 
 
 Return of service in suit against. 23 L.R.A. 
 500. 
 
 25. Who may be served. 
 
 Early doctrine. 23 L.R.A. 490. 
 Later doctrine. 23 L.R.A. 490. 
 Statutes authorizing service. 23 L.R.A. 491. 
 Where corporation is not engaged in busi- 
 ness within the state. 23.L.R.A. 491. 
 Service on director. 23 L.R.A. 494. 
 Service on stockholder. 23 L.R.A. 494. 
 Effect of designating agent. 23 L.R.A. 494. 
 Failure to make designation. 23 L.R.A. 495. 
 Termination of agency. 23 L.R.A. 495. 
 Cashier. 23 L.R.A. 496. 
 
 Begin u-ith this book on every law question. 
 
 WRIT AND PROCESS, II. c, 2 cont'd 
 
 Managing agent. 23 L.R.A. 496. 
 
 Other agents. 23 L.R.A. 497. 
 
 Service on state officer. 23 L.R.A. 499. 
 
 Admission of service. 23 L.R.A. 500. 
 
 Return of service. 23 L.R.A. 500. 
 
 In garnishment cases. 23 L.R.A. 500. 
 
 Serving process of Federal court. 23 L.R.A. 
 01. 
 
 English cases. 23 L.R.A. 501. 
 
 Service on insurance commissioner for for- 
 eign company. 23 L.R.A. 499. 
 
 Service of process after appointment of re- 
 ceiver upon person designated by stat 
 ute to receive service for corporation. 
 47 L.R.A. (N.S.) 179. 
 
 Service of process in action not arising out 
 of business transacted within the state, 
 upon the agent of a foreign corporation, 
 appointed pursuant to statute to re- 
 ceive service. L.R.A.1916F, 410. 
 
 Service of process on railroad or steam- 
 ship company by delivery to station or 
 ticket agent. L.R.A.1916F, 453. 
 
 26. officer. 
 
 On officer casually present. 70 L.R.A. 532. 
 Validity of service of process against for- 
 eign corporation on resident officer. 
 L.R.A.1916E, 244. 
 
 Validity of service upon nonresident officer 
 of foreign corporation while in 
 state in connection with transac- 
 tion to which the action relates. 
 43 L.R.A. (N.S.) 1015. 
 
 Right to serve process in an action against 
 corporation upon nonresident officer 
 who is within state as a party or wit- 
 ness. 24 L.R.A.(N.S.) 276; 52 L.R.A. 
 (N.S.) 583. 
 
 27. managing agent. 
 
 Right to serve managing agent. 23 L.R.A. 
 496. 
 
 Who is managing agent of foreign corpora- 
 tion for purposes of service of process. 
 4 L.R.A. (N.S.) 460. 
 
 28. state officer. 
 
 Service on state officer. 23 L.R.A. 499. 
 Service on insurance commissioner for for- 
 eign company. 23 L.R.A. 499. 
 
 29. Revocation of appointment of 
 agent. 
 
 Revocation by foreign corporation of ap- 
 pointment of attorney or agent to 
 receive service of process. 30 
 L.R.A. (N.S.) 678. 
 
 d. Privilege; exemption. 
 
 30. Generally. 
 
 Privilege from service of process as affected 
 by route taken or time consumed. 14 
 L.R.A. (N.S.) 63; L.R.A.1917B, 252. 
 
 31. Who exempt. 
 
 Privilege of prisoner from arrest. 46 L.R.A. 
 
 706. 
 
 Privileges of members of Congress and state 
 legislature. 23 L.R.A. 632.
 
 INDEX TO L.R.A. NOTES. 
 
 1419 
 
 WRIT AND PROCESS II. d cont'd 
 Privilege of consul from suit. 45 L.R.A. 579. 
 Exemption of attorney from service of sxim- 
 mons while in jurisdiction on legal 
 business. L.R.A.1917B, 893. 
 
 32. nonresident. 
 
 Nonresident suitor, see infra, 34. 
 Nonresident witness, see infra, 36. 
 
 Right of nonresident to exemption from 
 service of process while within a ju- 
 risdiction pursuant to condition of bail 
 bond. 27 L.R.A. (N.S.) 333; 51 L.R.A. 
 (N.S.) 328. 
 
 33. Suitor. 
 
 Privilege of suitor in Federal court from 
 arrest or service of summons out of 
 state court. 22 L.R.A. (N.S.) 992. 
 
 Effect on suit of discharge from arrest of 
 one arrested while attending court. 19 
 L.R.A. 560. 
 
 34. nonresident. 
 
 Privilege from suit of nonresident party at- 
 tending as a witness. 25 L.R.A. 727. 
 Privilege as affected by route taken or time 
 consumed. 14 L.R.A. (N.S.) 663; 
 L.R.A.1917B, 252. 
 
 Right to serve process in action against cor- 
 poration upon nonresident officer who 
 is within state as a party. 24 L.R.A. 
 (N.S.) 276; 52 L.R.A. (N.S.) 1582. 
 Exemption of nonresident party from serv- 
 ice of civil process while in state in 
 connection with case. 42 L.R.A. 
 (N.S.) 1101; L.R.A.1915A, 694; 
 L.R.A.1916E, 1173. 
 
 Exemption of suitor from service while in 
 an intermediate state en route to or 
 from trial. L.R.A.1916A, 738. 
 
 35. Witnesses. 
 
 Service of process on witness as contempt 
 of court. L.R.A.1915D, 573. 
 
 Privilege of witness from service of process 
 as affected by route taken or time con- 
 sumed. 14 L.R.A.(N.S.) 663; L.R.A. 
 1917B, 252. 
 
 Privilege of suitor or witness in Federal 
 court from arrest or service of sum- 
 mons issued out of state court. 22 
 L.R.A.(N.S.) 992. 
 
 36. nonresident witness. 
 
 Reason of the privilege. 25 L.R.A. 721. 
 Nature of the privilege. 25 L.R.A. 722. 
 The extent and limit of the privilege. 25 
 
 L.R.A. 724. 
 
 Parties as witnesses. 25 L.R.A. 727. 
 Witnesses in general. 25 L.R.A. 731. 
 The effect of fraud and deceit. 25 L.R.A. 
 
 733. 
 Enforcement of the privilege. 25 L.R.A. 
 
 734. 
 
 The question of waiver. 27 L.R.A. 735. 
 The question of deviation. 25 L.R.A. 737. 
 English doctrine. 25 L.R.A. 737. 
 Service of process on, as contempt of court. 
 
 L.R.A.] 915D, .373. 
 Consult also L.R.A. Digests of Cases. 
 
 WRIT AND PROCESS, II. d cont'd 
 
 Privilege of witness from service of process 
 as affected by route taken or time con- 
 sumed. 14 L.R.A.(N.S.) 663; L.R.A. 
 1917B, 252. 
 
 Exemption of witnesses from service while 
 in an intermediate state en route to o* 
 from trial. L.R.A.1916A, 738. 
 
 Privilege from suit of nonresident party 
 attending aa witness. 25 L.R.A. 727. 
 
 Right of, to exemption from service of 
 process while within jurisdiction pur- 
 suant to condition of bail bond. 27 
 L.R.A. (N.S.) 333; 51 L.R.A. (N.S.) 328. 
 
 Right to serve process in action against 
 corporation upon nonresident officer 
 who is within state as a witness. 24 
 L.R.A.(N.S.) 276; 52 L.R.A. (N.S.) 
 583. 
 
 37. Waiver of. 
 
 Of privilege of nonresident witness from 
 
 suit. 25 L.R.A. 735. 
 Of privilege of nonresident party. L.R.A. 
 
 1916E, 1173. 
 Waiver of exemption of nonresident party 
 
 from service of civil process while in 
 
 state in connection with case. 42 L.R.A. 
 
 (N.S.) 1107. 
 
 e. Waiver of service. 
 
 38. Generally. 
 
 Right of fiduciary to waive service of process 
 by appearing in action. 32 L.R.A. 681. 
 
 Waiver of failure to serve, or defects in 
 service of process, by appeal from jus- 
 tice's court to courts where trial must 
 be de novo. 34 L.R.A. (N.S.) 661. 
 
 /. Liability of officer making. 
 
 39. Generally. 
 
 Liability of sureties on constable's bond for 
 assault made in serving or executing 
 civil writ or process. 8 L.R.A. (N.S.) 
 1223. 
 
 Right to maintain action for property in 
 specie against an officer executing 
 writ. 18 L.R.A.(N.S.) 1272. 
 
 Mere display of invalid process without 
 actual force or threats as ground of 
 action for forceable entry and detainer. 
 37 L.R.A.(N.S.) 600. 
 
 g. Liability for failure to make. 
 
 40. Generally. 
 
 Burden of proof in action to recover for 
 failure to execute process. 3 L.R.A., 
 (N.S.) 420. 
 
 Right to break and enter dwelling to serve 
 civil writ of process. L.R.A.1916D, 
 281. 
 
 III. Return. 
 
 41. Generally. 
 
 In suit against foreign corporation. 2$ 
 L.R.A. 500.
 
 1420 
 
 WRIT AND PROCESS, III. cont'd 
 
 Burden of proving return of process. 3 
 L.R.A. (N.S.) 427. 
 
 Burden of excusing nonreturn of process. 
 3 L.R.A.(N.S.) 429. 
 
 Recognition of return, or of decree ren- 
 dered thereon, as affecting liability for 
 making false return. 38 L.R.A.(N.S.) 
 
 Sufficiency of return attacked as showing a 
 joint service rather than a several 
 service. 49 L.R.A. (N.S.) 946. 
 Attack on divorce decree based on false re- 
 turn of personal service of process. 
 L.R.A.1917B, 435. 
 
 INDEX TO L.R.A. NOTES. 
 
 WRONGFUL ATTACHMENT. 
 
 Damages for, see ATTACHMENT, 17. 
 
 WRITINGS. 
 
 Criticism of, as libel. 28 L.R.A. 670. 
 
 WRIT OF ASSISTANCE. 
 
 vSee ASSISTANCE. 
 
 WRIT OF ENTRY. 
 
 Effect of remedy by, on equitable jurisdic- 
 tion to remove cloud on title. 12 L.R.A. 
 (N.S.) 62. 
 
 Remedy of pretermitted heirs by. 37 L.R.A. 
 (N.S.) 1146. 
 
 WRIT OF ERROR. 
 
 See APPEAL AND EBBOR. 
 
 WRIT OF ERROR CORAM NOBIS. 
 
 See COBAM NOBIS. 
 
 WRIT OF POSSESSION. 
 
 Writ of possession. 12 L.R.A. 81.* 
 
 WRONGDOERS. 
 
 Joint wrongdoers, see JOINT CBEDITOBS AND 
 DEBTORS. 
 
 Right of wrongdoers to maintain bill of in- 
 
 terpleader. L.R.A.1918D, 1172. 
 Right of, to take ad vantage' of general statu- 
 tory imposition of damages for negli- 
 gent injuries. 28 L.R.A. 749. 
 
 WRONGFUL ARREST. 
 
 Liability for making, see ABBEST; FALSE 
 IMPBISONMENT. 
 
 WRONGFUL DELIVERY. 
 
 By carrier, see CARKIERS, 119. 
 
 WRONGFUL DISTRESS. 
 
 Liability for, see LANDLOBD AND TENANT, 
 93. 
 
 WRONGFUL EXECUTION. 
 
 Loss of profits as element of damages for. 
 52 L.R.A. 57. 
 
 WRONGFUL INJUNCTION. 
 
 Loss of profits as element of damages for. 
 52 L.R.A. 58. 
 
 Right of .tenant maintaining his possession 
 by means of, to crops grown on the 
 leasehold. 12 L.R.A.(N.S.) 194. 
 
 WRONGFUL REPLEVIN. 
 
 Loss of profits as element of damages for. 
 52 L.R.A. 56. 
 
 W'RONG INITIAL. 
 
 Effect of summons or notice to person by. 
 
 15 L.R.A.(N.S.) 129. 
 
 WRONG MEDICAL TREATMENT. 
 
 As defense to prosecution for homicide, see 
 HOMICIDE, 25. 
 
 Effect of, on liability on policy, see IN- 
 SURANCE, 162. 
 
 WRONG NAME. 
 
 Liability of officer for making arrest of per- 
 son under. 51 L.R.A. 219. 
 
 WRONG PERSON. 
 
 Payment of deposit to wrong person, see 
 
 Her/in with this book on every law question. 
 
 BANKS, 25.
 
 INDEX TO L.R.A. NOTES. 
 
 1421 
 
 X 
 
 X-RAY. 
 
 Photographs by. 35 L.R.A. 815; 51 L.R.A. 
 (N.S.) 858. 
 
 Liability of physician for injuries result- 
 ing from electrical or X-ray treatment. 
 28 L.R.A.(N.S.) 262 ; 43 L.R.A. (N.S.) 
 734. 
 
 X-RAY cont'd 
 
 Power to compel plaintiff to submit to X- 
 ray examination. L.R.A. 1915K, 038. 
 
 Does authority for physical examination of 
 a plaintiff in an action for personal in- 
 juries include X-ray examination. 41 
 L.R.A.(N.S.) 1071. 
 
 YARDMASTER. 
 
 Authority of yardmaster of railway com- 
 pany to contract for services of other 
 persons. L.R.A.1918F, 64. 
 
 YARDS. 
 
 Railroad yards as nuisance. 32 L.R.A. (N.S.) 
 374. 
 
 Effect of constitutional or statutory provi- 
 sion exempting yards from condemna- 
 tion proceedings. L.R.A. 1916A, 1100. 
 
 Application to employees in, of statutes ab- 
 rogating fellow-servant rule. 47 L.R.A. 
 (N.S.) 117. 
 
 YEAR'S SUPPORT. 
 
 Of widow generally, see EXECUTORS AND 
 ADMINISTRATORS, 55a. 
 
 Widow's right to, out of insurance. 46 
 L.R.A.(N.S.) 788. 
 
 YEAS AND NAYS. 
 
 Conclusiveness of enrolled bill as to com- 
 pliance with provision for voting bv. 23 
 L.R.A. 342. 
 
 Consult also L.R.A. Digests of Cases. 
 
 YEL.LJNG. 
 
 As disturbance of public peace. 32 L.R.A. 
 (N.S.) 505. 
 
 YOUNG MEN'S CHRISTIAN ASSOCI- 
 ATION. 
 
 Exemption from property taxation of prop- 
 erty of. L.R.A.1916D, 275. 
 
 Giving of free transportation to operating 
 staff of, as an unlawful Hs.-n mi nation. 
 L.R.A.1918D, 919. 
 
 YOUNG WOMEN'S CHRISTIAN ASSO- 
 CIATION. 
 
 Exemption from property taxation of prop- 
 erty of. L.R.A.1916D, 273. 
 
 YOUTH. 
 
 As defense to homicide, see HOMICIDE, 20.
 
 
 

 
 TABLE OF 
 SUPPLEMENTED L.R.A. NOTES
 
 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 supplemented in subsequent 
 volumes of L.R.A., both old and new series, and opposite them, in the 
 parallel column, 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: 717. 
 
 285.. ..20:765. 
 
 432. 
 
 2 L.R.A. 
 
 129 (130) 19:(N.S.)273. 
 
 153 (154) 14: 264. 
 
 166 19: 339. 
 
 285 14: 300. 
 
 20: 635. 
 
 350 16: 60. 
 
 520 (521) 36:(N.S.)547. 
 
 668(070) 12: 161. 
 
 27:(N.S.)62. 
 
 733(734) 4:717. 
 
 798(801) 16: 730. 
 
 S25 33: (N.S.)606. 
 
 844 54:231. 
 
 45:(N.S.)982. 
 
 3 L.R.A. 
 
 174(175) 17: 474. 
 
 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. 
 
 655 14: 721. 
 
 572 12: 486. 
 
 680 14: 193. 
 
 738 12: 161. 
 
 27: (N.S.) 62. 
 1423
 
 3424 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 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:(X.S.)689. 
 
 253 (255) ............. 20: (N.S.)689. 
 
 270 (273) . ............ 17: 211. 
 
 276 (289) ............. 23: 131. 
 
 759 (760) ............. 24: 231. 
 
 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:(X.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:(X.S.)366. 
 838..... ...... ........17: 272. 
 
 7 L.R.A. 
 
 327 ............. ...... 39:(X.S.)844. 
 
 498 ........... ........ 14: 193. , 
 
 500 ...... ............. 18: 792. 
 
 765 ................... 14: 69. 
 
 826 ....... . ........... 25: 566. 
 
 8 L.R.A. 
 
 414 ...... . .... ........ 14: 8G2. 
 
 443 ..... .............. 18: 79. 
 
 490 (491) ............. 1 : (N.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:(N.S.)1052, 
 
 1063. 
 
 41:(N.S.)695. 
 321. . . .- ............... 36: (N.S.)547. 
 
 589 ____ V .............. 14: 579. 
 
 593. ....... ........... 16: 526. 
 
 10 L.R.A. 
 
 129 ........ . .......... 14: 585. 
 
 60: 330. 
 178 (180) . . : .......... 20:(N.S.)689. 
 
 193 (194) .. ........... 14: 268. 
 
 366. ........ .......... 41:(X.S.)683. 
 
 1916B, 827. 
 369.. ...... ........... 36:(N.S.)464. 
 
 401.. .,,.,... ---- ......17: 270. 
 
 411.. _.,..,... ____ ____ 16: 608. 
 
 473 (476) ...... ....... 20:(X.S.)689. 
 
 507 (50$) ........... ..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.) 
 
 816 ................... 15:(N.S.)73. 
 
 11 L.R.A. 
 
 43 (50) .............. 47: 33. 
 
 39:(N.S.)487. 
 63 ............. ...... 14: 193. 
 
 185 ................... 15:(X.S.)73. 
 
 285 ................... 22:(N.S.)35. 
 
 305 ................... 27:(X.S.)1158.. 
 
 30:(X.S.)914r 
 460 ....... . ........... 25: 291. 
 
 634 .................. .14: 370. 
 
 14: 381. 
 
 15: 377. 
 684 (686) ............. 18: 171. 
 
 19: 700. 
 687 ................... 2:(KS.)2S5, 
 
 817 ................... 41 : (X.S.)730.. 
 
 839 .................... 21: 217. 
 
 845 (847) ............. 20: 765. 
 
 12 L.R.A. 
 
 140 ................... 36: 539. 
 
 161 ................... 27:(NjS.)e2. 
 
 168 ................... 20: 765. 
 
 205 ................... 22: 372. 
 
 220 ................... 13:(X.S.)197.. 
 
 342 ................... 13: 374. 
 
 781 (783) ............. 45: 394. 
 
 808 (810) .............. 22: 808. 
 
 13 L.R.A. 
 
 177 
 
 17: 243. 
 
 36:(N.S.)881. 
 14: 69. 
 
 217 
 
 (legislative power) .16: 695. 
 388 ......... .......... 47:(N.S.)C68.. 
 
 711 (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.)S11. 
 138 ................... 27:(X.S.)92. 
 
 44:(.X.S.)164. 
 151 (156) ............. 26: 802. 
 
 160 ................... 26: (X.S.)1126. 
 
 1916D, 1063, 
 208.. ... .............. 13:(N.S.)li.41. 
 
 230 ........ I .......... 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.R.A. MOTES. 
 
 1425 
 
 14 L.R.A. cont'd. 
 
 459 1915D, 458. 
 
 466 23:(X.S.)463. 
 
 1915E, 936. 
 540 16: (X.S.)98. 
 
 34: (X.S.) 940. 
 
 1915E, 186. 
 
 548 18: 449. 
 
 556 (560) 19: 643. 
 
 685 1915B, 770. 
 
 690 (692, 693) 1915D, 982. 
 
 733 8:(N.S.)656. 
 
 737 (738) 4 : (X.S.)485. 
 
 32:(N.S.)1201. 
 
 1915E, 668. 
 (740) 21:297. 
 
 23: (X.S.) 1056. 
 
 745 1916E.68. 
 
 781 ' 4:(X.S.)80. 
 
 16: (X.S.) 1129. 
 
 791 27: 195. 
 
 (792) 15: 783. 
 
 44: 795. 
 828 (830) 65: 753. 
 
 65: 854. 
 
 15 L.R.A. 
 
 33 (35) 13:(X.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. 
 
 1917C, 1153. 
 
 190 52:(X.S.)369. 
 
 249 40:510, 519. 
 
 19:(X.S.)835. 
 
 28:(X.S.)673. 
 
 1915C, 359. 
 
 296 (298) 66: 51. 
 
 347 1915C, 664. 
 
 395 (396) 43: (X.S.)207. 
 
 413 37:(X.S.)281. 
 
 459 21:(X.S.)977. 
 
 487 16:(X.S.)193. 
 
 509 43: (X.S.)565. 
 
 531 7:(X.S.)582. 
 
 40: (X.S.) 585. 
 
 1916D, 1276. 
 
 542 59: 181. 
 
 583 (585. amount) 56: 312. 
 
 (585, party) 56: 211. 
 
 18:(X.S.)1252. 
 612 19: 658. 
 
 11:(X.S.)930. 
 
 28:(X.S.)757. 
 
 37:(X.S.)H15. 
 
 635. .-. 17: (X.S.) 1126. 
 
 717 21:(X.S.)277. 
 
 32:(N.S.)940. 
 
 1917F, 861. 
 
 722 14 : (X.S.)556. 
 
 781 4:(X.S.)629. 
 
 44:(N.S.)68. 
 860 29: (N.S.)183. 
 
 16 L.R.A. 
 
 49 40:(X.S.)279. 
 
 91 50:(X-)S,)42. 
 
 205 48 : (X.S.)652. 
 
 90 
 
 16 L.R.A. cont'd. 
 
 268 (269) 17: 71. 
 
 395 16:(X.S.)621. 
 
 468 41:(X.S.)230. 
 
 497 59 : 146. 
 
 38:(X.S.)297. 
 510 9 : (X.S.) 698. 
 
 29: (X.S.) 205. 
 516 39: (X.S.)847. 
 
 1918A, 65. 
 
 547 28: 849. 
 
 578 24: (X.S.) 160. 
 
 600 36: tX.S.)354. 
 
 1915D, 204. 
 627 2: (X.S.)105. 
 
 32: (X.S.) 1206. 
 
 1918F, 555. 
 646 5:(X.S.)860. 
 
 23: (X.S.) 500. 
 
 677 .. 15: (X.S.)674. 
 
 745 4:(X.S.)427. 
 
 33:(X.S.)8S3. 
 
 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 1916C, 196. 
 
 692 18: (X.S.)427. 
 
 705 39: 745. 
 
 779 1917D,450. 
 
 792 12:(N.S.)310. 
 
 853 21: 789,798. 
 
 18 L.R.A. 
 
 45.... 5:(X.S.)680. 
 
 46: (X.S.) 990. 
 
 1917A, 442. 
 
 63 1916C. 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. 
 
 1918D, 794. 
 
 275. 1916E, 1282. 
 
 305 30:(X.S.)85. 
 
 375 1916E.650. 
 
 449 (450) 28: (X.S.)66. 
 
 1916C, 1109. 
 
 473 (476) 39: (X.S.)967. 
 
 481 (482) 21 : (X.S.)442. 
 
 491 (492) 26:(X.S.)614.
 
 1426 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 18 L.RJL confd. 
 
 582 (584) , 29: 845. 
 
 604 36:(N.S.)1181. 
 
 695 42: 175. 
 
 1916C, 150. 
 838 (equity) 1918A, 1178. 
 
 19 L.R.A. 
 
 92 64: 236. 
 
 17:(N.S.)650. 
 
 23: (X.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:(N.S.)893. 
 
 177 42:(N.S.)877. 
 
 206 47 : (N.S.) 811. 
 
 211 51 : (N.S.) 1048. 
 
 222 (225) 60: 331. 
 
 262 1918B, 695. 
 
 289 50: (N.S.) 1197. 
 
 316 49: 203. 
 
 15: (N.S.) 687. 
 
 331 41 : (N.S.) 187. 
 
 339 3:(N.S.)218. 
 
 26: (N.S.) 1058. 
 
 1918E, 517. 
 
 342 1915F, 1093. 
 
 371 30: (N.S,)278. 
 
 1918F, 1101. 
 
 452 1:(N.S.)665. 
 
 475 1917F, 394. 
 
 577 67: 209. 
 
 3: (N.S.) 608. 
 
 20: (N.S.) 264. 
 
 1915F, 880. 
 
 (580) 36: 582. 
 
 594 38: (N.S.)474. 
 
 653 11: (N.S.)930. 
 
 18: (N.S.) 244. 
 
 28:(N.S.)757. 
 
 37: (N.S.) 1115. 
 
 52:(N.S.)91. 
 
 665 1915A, 400. 
 
 689 16: (N.S.)794. 
 
 24:(N.S.)475. 
 
 1918C, 373. 
 
 721 13: (N.S.)278. 
 
 775 (false pretenses) . . .49: (N.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:(N.S.)657. 
 
 434 22: (N.S.)181. 
 
 35:(N.S.)636. 
 
 487 1915C, 158. 
 
 535 (538) 16: (N.S.) 1006. 
 
 668 32: 236. 
 
 20 L.R.A. cont'd. 
 
 737 31: (N.S.)636. 
 
 785 11: (N.S.)1018. 
 
 21: (N.S.) 1005. 
 
 1917 A, 7 19. 
 
 21 L.R.A. 
 
 33 (48) 69: 42. 
 
 71 25:(N.S.)267. 
 
 76 18: (N.S.)320. 
 
 84 2:(N.S.)631. 
 
 25: (N.S.) 193. 
 34: (N.S.) 454. 
 1916C, 263. 
 
 146 43:(X.S.)634. 
 
 169, 1915F, 587. 
 
 174 42:(X.S.)799. 
 
 206 1 : (N.S.)474. 
 
 233 :.16:(X.S.)74G. 
 
 28: (N.S.) 615. 
 
 255 36:(X.S.)194. 
 
 263 (265) 20: (N\S.)656. 
 
 289 9: (N.S.)407. 
 
 41:(N.S.)799. 
 1915B, 621. 
 
 289 (295) 5:(N.S.)1012. 
 
 38:(N.S.)259. 
 
 (297) 23:(N.S.)1056. 
 
 354 22:(X.S.)741. 
 
 1915C, 181. 
 
 (355) 29: (X.S.)846. 
 
 (358) 24: 711. 
 
 22:(X.S.)742, 
 755. 
 
 467 (471) 67: 33,60. 
 
 485 21:(X.S.)286. 
 
 502 31: (N.S.) 132. 
 
 50: (N.S.) 1040. 
 
 (511) 31:(N.S.)138. 
 
 623 (629) 23: (X.S.)1124. 
 
 662 27:(N.S.)522. 
 
 1915B, 247. 
 
 729 46:(X.S.)3. 
 
 776 25: (X.S.)257. 
 
 1917B, 786. 
 
 789 (796) 65: 38. 
 
 12: (N.S.) 1130. 
 26: (N.S.) 242. 
 35: (N.S.) 628. 
 40: (N.S.) 893. 
 
 (797) 28: 344. 
 
 15:(X.S.)350. 
 
 27:(X.S.)255. 
 
 35: (N.S.) 549. 
 
 829 33 : (N.S.)923. 
 
 22 L.R.A. 
 
 148 (149) 1916D, 132. 
 
 187 . 15 : (X.S.) 868. 
 
 31: (X.S.) 783. 
 
 34: (X.S.) 737. 
 
 (189) 15:(N.S.)856. 
 
 (195) 15:(N.S.)884. 
 
 1917F, 472. 
 233 43: (N.S.) 262. 
 
 1917C, 236. 
 256 (257) 30: (N.S.)l. 
 
 46: (N.S.) 1096. 
 
 415 (428) 36: (X.S.)68. 
 
 460 8: (N.S.)656. 
 
 536 8: (N.S.)350. 
 
 (540) 23: 158.
 
 TABLE OF SUPPLEMENTED L.R.A. .NOTES. 
 
 1427 
 
 22 L.R.A. cont'd. 
 
 561 6:(N.S.)905. 
 
 34:(X.S.)H8. 
 
 1916B, 947. 
 
 594 30: 317. 
 
 649 13:(X.S.)820. 
 
 63 13:(X.S.)561. 
 
 43:(N.S.)187. 
 
 1915F.1125. 
 
 794 31:(X.S.)632. 
 
 824 52:(N.S.)142. 
 
 1916B, 1186. 
 836 19150,987. 
 
 83 L.R.A. 
 
 33 65: 353. 
 
 (44) 65: 362. 
 
 120 (124) 16:(N.S.)233. 
 
 146 61: 95. 
 
 6: (N.S.) 1171. 
 
 21:(N.S.)1021. 
 
 36: (N.S.) 1045. 
 
 52:(N.S.)402. 
 
 155 (157) 26: 198. 
 
 200 7:(N.S.)481. 
 
 10: (N.S.) 74. 
 
 22:(N.S.)486. 
 
 32:(N.S.)62. 
 
 42:(N.S.)1144. 
 
 52: (N.S.) 505. 
 
 215 40: (N.S.)168. 
 
 239 16:(N.S.)114. 
 
 287 59: 169. 
 
 1917B, 1041. 
 
 301 (303) 36: (N.S.)812. 
 
 .313 25:(N.S.)394. 
 
 325 (326) 39: (N.S.)658. 
 
 335 1917F, 1010. 
 
 340 40:(N.S.)1. 
 
 449 19170,8. 
 
 490 (496) 4: (N.S.)460. 
 
 520 . . '. 47 : (X.S.) 1162. 
 
 561 1918C, 792. 
 
 622 19: (N.S.)531. 
 
 642 30: (N.S.)115. 
 
 658 7:(N.S.)108. 
 
 36:(N.S.)1194. 
 
 1915A, 382. 
 
 681 12: (N.S.)IOIO. 
 
 707 45:(N.S.)349. 
 
 (712) 5:(N.S.)1002. 
 
 21:(N.S.)914. 
 
 39:(N.S.)1187. 
 
 737 26: (N.S.)232. 
 
 (743) 12: (N.S.)895. 
 
 26:(N.S.)237. 
 780 19:(N.S.)915. 
 
 84 L.R.A. 
 
 64 22:(N.S.)276. 
 
 38:(N.S.)272. 
 
 1915D, 911. 
 
 212 46: (N.S.)409. 
 
 272 1917A, 91. 
 
 289 (295) 57: 88. 
 
 2:(N.S.)127. 
 
 10:(N.S.)693. 
 
 369 26: 599. 
 
 412 (413) 51 : (N.S.)275. 
 
 433 30: (N.S )1001. 
 
 19170,97. 
 
 24 L.R.A. cont'd. 
 
 577 27:(N.S.)94. 
 
 592 44: (X.S.)358. 
 
 629 13: (N.S.)244. 
 
 1915C, 467. 
 (634) 34 : (N.S.)1080. 
 
 1917F, 362. 
 
 684 1915D,856. 
 
 710 (711) 22:(N.S.)742. 
 
 763 (765) 10:(X.S.)121. 
 
 .7>> 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: (N.S.) 295. 
 
 67 (68) 13:(N.S.)146. 
 
 39:(N.S.)46. 
 
 90 18:(N.S.)1106. 
 
 152 26: 728. 
 
 161 35: (X.S.)1016. 
 
 257 2:(X.S.)783. 
 
 (274) 9:(X.S.)49. 
 
 287 51 : (N.S.)618. 
 
 (289) 8:(N.S.)1069. 
 
 41:(N.S.)264. 
 
 320 1916E, 207. 
 
 341 25: 349. 
 
 30:(N.S.)946. 
 51: (N.S.) 825. 
 
 360 40: 717. 
 
 37:(N.S.)1005. 
 
 386 7:(N.S.)651. 
 
 (393) 50: 429. 
 
 527 1:(N.S.)756. 
 
 593 47 : (N.S.)807. 
 
 627 16: (N.S.)555. 
 
 759 25: 848. 
 
 32: 853. 
 
 784 16: (N.S.)1103. 
 
 (786) 32: (N.S.)566. 
 
 41:(N.S.)274. 
 
 (790) 69: 513. 
 
 848 32: 853. 
 
 26 L.R.A. 
 
 48 20: (N.S.)484. 
 
 37: (N.S.) 539. 
 
 1915D, 1118. 
 
 (52) 20: (N.S.)489. 
 
 153 42:(N.S.)83. 
 
 197 (201) 36:(N.S.)1171. 
 
 237 22: (N.S.)848. 
 
 305 1918C, 340. 
 
 340 39 : 649, 661, 
 
 687. 
 
 20: (N.S.) 146. 
 
 19160, 564. 
 
 366 28 : (N.S.)1106. 
 
 504 32 : (N.S.) 968. 
 
 1915E, 766. 
 
 544 50: (N.S.)979. 
 
 581 36 : (N.S.)341. 
 
 51: (N.S.) 234. 
 
 638 43: (N.S.)1066. 
 
 659 (662) 39: 68. 
 
 36: (N.S.) 1115.
 
 1428 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 26 L.R.A. cont'd. 
 
 8G (excavations) 5: (N.S.)733. 
 
 1918A, 849. 
 707 (711) 30:(N.S.)127. 
 
 27 L.R.A. 
 
 56 42: (N.S.)1013. 
 
 82 41:(N.S.)280. 
 
 92 44: (N.S.)164. 
 
 136 21: (N.S.)228. 
 
 39:(N.S.)1007. 
 
 Itil (169) 9:(N.S.)1035. 
 
 248 18: (N.S.)441. 
 
 340 28: 99, 105, 136. 
 
 426 36: 539. 
 
 449 37 : (N.S.)889. 
 
 540 21 :( N.S.) 830. 
 
 1915D, 209. 
 
 669 25: (N.S.) 1040. 
 
 33: (N.S.) 336. 
 776 (788) 49: (N.S.) 1215. 
 
 28 L.S.A. 
 
 249 12: (N.S.)112. 
 
 40:(N.S.)935. 
 (drains or sewers) . . 1915A, 129. 
 
 289. 51: (N.S.)668. 
 
 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: (X.S.)874. 
 
 154 24:(N.S.)369. 
 
 226 1:(N.S.)255. 
 
 (227, 242) 46: (N.S.)260. 
 
 1918A.398. 
 
 305 3: (N.S.)1079. 
 
 337 32: (N.S.)809. 
 
 1915E, 1023. : 
 485(486) 13:(X.S.)916. 
 
 1915D, 843. 
 541 <552) 26: (X.S.)603. 
 
 1916C, 923, 929. 
 
 681 (685) 1:(X.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: (X.S.)166, 
 
 167. 
 (33Sy . U ......... .10: (X.S.)463. 
 
 1915C. 396. 
 
 (335) 42: (N.S.)98. 
 
 521 14: (X ; S.)I003. 
 
 25:(X.S.)840. 
 1915A. 401 . 
 
 30 L.R.A. cont'd. 
 
 560 (569-571) 35: (N.S.)142. 
 
 609 32 : (X.S.)247. 
 
 737 4: (N.S.)213. 
 
 31 L.R.A. 
 
 234 . 16 : (X.S.)878. 
 
 33:(X.S.)738. 
 
 49: (N.S.) 132. 
 
 261 31 : (N.S.)813. 
 
 321 50: 462. 
 
 12:(X.S.)853. 
 
 19:(X.S.)717. 
 
 23: (N.S.) 954. 
 
 465 1915F, 766. 
 
 489 ....... 37 : (X.S.)790, 
 
 796. 
 
 515 (519) . . 7 : (X.S.)272. 
 
 566 ,- 22: (X:S.)1169. 
 
 (589) 32: 403. 
 
 22:(X.S.)1177. 
 
 609 (646) 32: 71. 
 
 747 (763r770) 35: (N.S.) 142. 
 
 798... 36:(N.S.j220. 
 
 (806) . , 14 : (X.S.)654. 
 
 32 L.R.A. 
 
 116 24: (N.S.) 1168. 
 
 (117) 38: 657. 
 
 142 ,, 23: (X.S.)345. 
 
 ,(.144) .'.'I 17:(N.S.)594. 
 
 1917E, 1049. 
 
 177.. ...;'!.. 1915K, 327. 
 
 208. . 69: 682. 
 
 293........ 46:(X.S.)72. 
 
 . (207) 9: (N.S.) 689. 
 
 : . I 1 ' 44:(X.S.)544. 
 
 400 (403)' . ; 22: (X.S.)H77. 
 
 455 (465) :. 38: (N.S.)891. 
 
 543. 49: ('N.S.)429. 
 
 595.....: . .... 25: (N.S.)430. 
 
 625; .1 ...'.....'. 14 : (X.S.) 142. 
 
 37: (N.S.) 1019 
 
 . -(630) 14:(N.S.)114i 
 
 715. .. . . 1 38: (X.S.)146; 
 
 1917F, 603. 
 .744 (748) ..J 40: (X.S.)609, 
 
 33 L.R.A. : 
 
 33 ....-.'.., 4 : (N.S.)782. 
 
 ; ,, ' 48: (X.S.) 156. 
 
 $3 ; (87) '-; . -V 1917E, 361. - 
 
 118. ... . ,j ; .V; 31: (>*.S.)580. 
 
 177 i(i83j)'- .;V 15:(N.S;)108. 
 
 iUl: . : 1 25: (N.S.) 1001. 
 231 (after maturity) . . .28: (N.S.)998. 
 (before maturity) . .23: (X.S.)403. . 
 
 (235) 15: (X.S.')U65. ; 
 
 :. - : : 23: (N.S.) 403. 
 
 266. , : :. 25: (X.S.)436. 
 
 , ' (274-/281.) 25 : (X.S.) 4.3.8,, 
 
 546 ...:'. .. . 23:(N.S.)10f. . 
 
 660. '. .'I 52: (X.S.)U52. 
 
 i 847 (84B.). . i?.' 44 : (X.S.) ' 50. 
 
 34 L.R^A.i. , ' : .j 
 
 ,33 (38>:. . . f 11 : (N.S.) 78ft 
 
 I -''' '' ' 28:(X.S.)45 
 
 j (43.) :.;': 1917D. 1104. 
 
 110 25:(N.S.)234.
 
 TABLE OF SUPPLEMENTED L.R.A. M)TES. 
 
 34 L.R.A. cont'd. 
 
 137 1910D, 1202. 
 
 (common carrier) . . .21 : (X.S.)188. 
 (138) 11:(X.S.)789. 
 
 28: (X.S.) 450. 
 
 161 3!): 264. 
 
 193 27 : (X.S.)695. 
 
 398 24: (X.S.)432. 
 
 48: (X.S.) 204. 
 481 21:(X.S.)283. 
 
 48: (X.S.) 823. 
 
 509 1:(X.S.)520. 
 
 609 17:(X.S.)H61. 
 
 (611) 46: 86. 
 
 17:(X.S.)1165. 
 
 34 191513,645. 
 
 (665) 17:(N.S.)1140. 
 
 19158,645. 
 720 37 : (X.8.) 518. 
 
 1916E, 767. 
 
 737 33: (N.S.)895. 
 
 788 8:(X.S.)384. 
 
 1915E, 1095. 
 824 34: (X.S.)798. 
 
 48:(X.S.)917. 
 
 1916D, 1224. 
 
 1918E, 218. 
 
 35 L.R. 
 33. 
 
 58. 
 141. 
 289. 
 
 372 
 
 417 
 
 489 
 
 512 
 561 
 647 
 678 
 701 
 802 
 
 .............. 18:(N.S.)451. 
 
 32: (X.S.) 303. 
 44:(N.S.)57. 
 1916F, 864. 
 .............. 18:(N.S.)1259. 
 
 29:(X.S.)770. 
 .............. 20:(N.S.)261. 
 
 41:(N.S.)315. 
 .............. 49: (X.S.) 1129. 
 
 (298) ............. 49:(X.S.)1142. 
 
 ................... 30: (X.S.) 761. 
 
 (421) .............. 1915A, 100. 
 
 ................... 9:(N.S.)579. 
 
 21:(N*.S.)868. 
 ................... 50:(X.S.)454. 
 
 ................... 19150,558. 
 
 ................... 8:(X.S.)231. 
 
 (705) ............. 45:(X.S.)1123. 
 
 ................... 51:(X.S.)843. 
 
 36 L.R.A. 
 
 92 10 : (N.S.)542. 
 
 117 1917A, 1167. 
 
 139 ...19:(N.S.)249. 
 
 l!-6 (nonsupport) 1916E, 762. 
 
 232 41 : (X.S.) 1009. 
 
 19150,661. 
 
 293 2:(N.S.)95. 
 
 413 (414) 23:(X.S.)453. 
 
 434 35:(N.S.)776. 
 
 465 (homicide) 13 : (N.S.)1024. 
 
 25: (X.S.) 376.- 
 52:(N.S.)230. 
 (burglary) 1918A, 1168. 
 
 582 47 : (N.S.)689. 
 
 721 44 : (X.S.) 119. 
 
 781 38: (N.S.)383. 
 
 37 L.R.A. 
 
 116 1:(X.S.)477. 
 
 8: (X.S. )<>.->. 
 
 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: (N.S.)62. 
 
 301 49 : (X.S.) 1026. 
 
 423 46: (X.S.) 1028. 
 
 518 (520) 29: (X.S.) 105. 
 
 520 2:(N.S.)197, 
 
 1196. 
 
 561 (575) 14:(X.S.)937. 
 
 593 (610) 14 : (X.S.) 1210. 
 
 783 1:(X.8.)1147. 
 
 830 (836) 19150, 595. 
 
 38 L.R.A. 
 
 97 (100) 46:(X.S.)188. 
 
 208 27 : (X.S.) 532. 
 
 (214) 5:(X.8.)415. 
 
 1915F. 898. 
 
 305 (306) 39: 621. 
 
 (319) 20: (X.S.) 1050. 
 
 (324) 39: 681. 
 
 (330) 9:(X.S.)1197. 
 
 (332) 39:(X.S.)266. 
 
 433 50:(N.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. 
 
 721 (747) 39: 331. 
 
 786 30: (X.S.)270. 
 
 39 L.R.A. 
 
 33 19166,1263. 
 
 305 (328) 42: 767. 
 
 449 (454) 1918D, 1007. 
 
 491 67: 839. 
 
 551 18 : (N.S.) 156. 
 
 32:(N.S.)554. 
 581 60: 481, 500. 
 
 1916E, 523. 
 
 (590) 3:(N.S.)997. 
 
 649 (661,667) 20: (X.S.) 146. 
 
 19160, 564. 
 
 (672) 25:(N.S.)251. ' 
 
 715 (720) 6: (X.S.)575. 
 
 737 44:(N.S.)119. 
 
 775 35: (N.S.)1090. 
 
 40 L.R.A. 
 
 131 47:(N.S.)730. 
 
 1916F, 101. 
 177 62: 683. 
 
 25:(X.S.)831. 
 
 52:(N.S.)736. 
 432 22: (N.S.)779. 
 
 27:(N.S.)1164. 
 
 40: (X.S.) 135. 
 
 465 (470) 41: 322. 
 
 503 (510) 19 :( X.S.) 835. 
 
 28:(N.S.)673. 
 
 19150, 359.
 
 1430 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 40 L.R.A. cont'd. 
 
 593 22 : (N.S.)345. 
 
 1918E, 738. 
 717 14:(N.S.)96. 
 
 37:(N.S.)1005. 
 
 737 38: (N.S.)818. 
 
 41 L.R.A. 
 
 321 (328) 42: 822. 
 
 371 (377) 32: (N.S.)376. 
 
 422 19: (N.S.)658. 
 
 494 64: 983, 986. 
 
 35:(X.S.)824. 
 
 593 50 : (X.S.)266. 
 
 599 24: (N.S.)221. 
 
 650 (660) 16 : (N.S.)786. 
 
 20:(N.S.)321. 
 
 33:(N.S.)419. 
 
 42 L.R.A. 
 
 110 11 : (N.S.)1142. 
 
 175 19160,150. 
 
 247 See Indexes under "Insurance"- 
 "Incontestability." 
 
 293(294) 4:(N.S.)558. 
 
 1915A, 797. 
 
 368 (394) 1915B, 703. 
 
 432 35 : (N.S.) 870. 
 
 1917E, 730. 
 
 553 23: (N.S.) 1023. 
 
 753 (768) 45: (N.S.)181. 
 
 (771) 64: 317. 
 
 43 L.R.A. 
 
 33 (59) 14:(N.S.)862. 
 
 46: (N.S.) 38. 
 225 8:(N.S.)108. 
 
 44: (N.S.) 643. 
 
 277 .43: (N.S.)945. 
 
 305(371) 9:(N.S.)972. 
 
 554 25: (N.S.) 1265. 
 
 593 (609) 3: (N.S.)576. 
 
 24:(N.S.)1182. 
 
 1915E, 714. 
 706 14:(N.S.)464. 
 
 34: (N.S.) 283. 
 
 1918D, 1032. 
 
 814 27 : (N.S.) 803. 
 
 (816) 16:(N.S.)938. 
 
 44 L.R.A. 
 
 177 (180) 12: (N.S.)1173. 
 
 289 1918C, 539. 
 
 321 (337) 23:(N.S.)164. 
 
 27: (N.S.) 195. 
 
 (347) 21 : (N.S.)328. 
 
 400 16: (N.S.)728. 
 
 527 1915F, 854. 
 
 593 (601) 9: (N.S.)933. 
 
 (605) 4(5 : (N.S.)129. 
 
 737 1918E, 255. 
 
 45 L.R.A. 
 
 33 (44) 24:(N.S.)659. 
 
 (48) 34 : (N.S.) 1047. 
 
 136 51 : (N.S.)373. 
 
 392 1917B.326. 
 
 (394) 12: (N.S.)768. 
 
 35: (N.S.) 563. 
 50: (N.S.) 510. 
 1916D, 211. 
 
 45 L.R. A .cont'd. 
 
 446 20: (N.S.)185. 
 
 30:(N.S.)291. 
 42:(N.S.)332. 
 
 481 (496) .37:(N.S.)549. 
 
 541 46 : (N.S.)219. 
 
 647 (648) 22: (N.S.) 1013, 
 
 687 (703) 15: (N.S.) 1013. 
 
 39:(N.S.)671. 
 
 (707) 1915F, 656. 
 
 737 (743) 3: (N.S.)584. 
 
 (748) 10:(N.S.)947. 
 
 (751) 19150,386. 
 
 800 40: (N.S.)1197. 
 
 46 L.R.A. 
 
 33 (86) 17:(N.S.)1165. 
 
 322 17:(N.S.)329. 
 
 641 (absence of witness). 34: (N.S.)811. 
 
 (665) 34: (N.S.) 811. 
 
 753 (778) 1015E, 395. 
 
 (784) 50:(N.S.)83. 
 
 47 L.R.A. 
 
 33 (44) 39:(N.S.)487. 
 
 87 1917D, 707. 
 
 246 1918D, 1049. 
 
 289 (301) 42: (N.S.) 158. 
 
 433 1917E, 1148. 
 
 512 24: (N.S.)1260. 
 
 34: (N.S.) 1060. 
 
 593 18: (N.S.)409. 
 
 34: (N.S.) 141. 
 
 637 30: (X.S.)231. 
 
 696 48: (X.S.)ftOC. 
 
 1918F,510. 
 806 32: (N.S.) 730. 
 
 48 L.R.A. 
 
 68 16:(N.S.)715. 
 
 368 (392) 17:(N.S,)773. 
 
 . 40: (N.S.) 013. 
 
 465 (473) 1915D, 927. 
 
 542 23: (N.S.) 1014. 
 
 30: (N.S.) 453. 
 
 625 (638) 56: 208. 
 
 691 61: 694. 
 
 20: (N.S.) 1050. 
 
 47: (N.S.) 137. 
 753 30:(N.S.)4:56. 
 
 49 L.R.A. 
 
 111 (saloons) 18: (N.S.)657. 
 
 153 (158) 41:(N.S.)1053. 
 
 193 15:(N.S.)686. 
 
 (212) 15: (N.S.)689. 
 
 38:(X.S.)1160. 
 
 353 2:(X.S.)672. 
 
 (379) 8:(N.S.)917. 
 
 52:(X.S.)843. 
 
 471 17:(N.S.)177. 
 
 497 19:(N.S.)700. 
 
 25:(X.S.)727. 
 
 44: (N.S.) 557. 
 612 8 : (X.S.)783. 
 
 1915E, 457. 
 679 1 : (X T .S.)242. 
 
 18: (N.S.) 1221. 
 
 32:(X.S.)1173. 
 
 52:(N.S.)241.
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 1431 
 
 49 L.R.A. cont'd. 
 
 715 ................... 27: (N.S.)1069. 
 
 781 ................... 1 : (N".S.)208. 
 
 22:(N.S.)163. 
 
 50 L.R.A. 
 
 33 ................... 26:(N.S.)451. 
 
 30:(N.S.)990. 
 
 41:(N.S.)123. 
 
 46:(N.S.)U8. 
 75 ................... 17:(N.S.)514. 
 
 142 ................... 1918E,892. 
 
 161 ................... 36:(N.S.)240. 
 
 51:(N.S.)319. 
 371 (374) ............. 38:(N.S.)514. 
 
 397 ................... 7:(N.S.)362. 
 
 42:(N.S.)386. 
 501 ................... 31:(N.S.)491. 
 
 1915D, 300. 
 577 (583) ............. 59: 178. 
 
 (585) ............. 35:(N.S.)292. 
 
 1917C, 1143. 
 (591) ............ 8:(N.S.)538. 
 
 (595) ............. 35: (N.S.)312. 
 
 714 ................... 24:(N.S.)490. 
 
 51:(N.S.)1069. 
 836 ............... _____ 16:(N.S.)280. 
 
 (841) ............. 17:(N.S.)945. 
 
 51 L.R.A. 
 
 33 ................... 20:(N.S.)942. 
 
 193 ................... 42:(N.S.)69. 
 
 1915B, 505. 
 (222) ............. 33:(N.S.)275. 
 
 320 ................... 19160,1094. 
 
 (330) ............. 17:(N.S.)124. 
 
 1916C, 1097. 
 353 ................... 9:(N.S.)174. 
 
 43:(N.S.)639. 
 (360) ............. 37:(N.S.)944. 
 
 (381) ............. 57: 57. 
 
 657 ................... 1916D, 1020. 
 
 698 (706) ............. 28:(N.S.)337. 
 
 (713) ............. 1915F,759. 
 
 52 L.R.A. 
 
 33 (47) .............. 13: (N.S.)253. 
 
 (54) .............. 46:(N.S.)470. 
 
 106 ................... 38: (N.S.)994. 
 
 165 ................... 40: (N.S.)698, 
 
 704, 
 
 732. 
 
 (187) ............. 40:(N.S.)408, 
 
 417. 
 448 ................... 15:(N.S.)840. 
 
 500 (502) ............. 1917B, 1148. 
 
 545 (578, 595) ......... 36: (N.S.)899. 
 
 790 ............... ____ 1:(N.S.)1110. 
 
 10:(N.S.)706. 
 37:(N.S.)409. 
 1915A, 722. 
 
 53 L.R.A. 
 
 33 (84) .............. 30: (N.S.)483. 
 
 1918F, 1053. 
 (91) .............. 27:(N.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. 
 
 53 L.R.A. cont'd. 
 
 432 38:(N.S.)255. 
 
 732 24:(N.S.)1286. 
 
 857 (858) 1918C, 628. 
 
 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:(N.S.)233. 
 
 (231) 45: (N.S.)982. 
 
 (233) 14:(N.S.)1172. 
 
 440 2: (N.S.)666. 
 
 25:(N.S.)596. 
 1915B, 1121. 
 
 (448) 25: (N.S.)600. 
 
 613 40: (N.S.)249. 
 
 673 50: (N.S.)78. 
 
 718 7:(N.S.)1114. 
 
 865 9:(N.S.)224. 
 
 38:(N.S.)941. 
 
 934 3:(N.S.)473. 
 
 21:(N.S.)267. 
 
 55 L.R.A. 
 
 122 (136) 1916A, 982. 
 
 353 34:(N.S.)510. 
 
 381 (384) 19:(N.S.)84. 
 
 418 36: (N.S.)957. 
 
 (424) 36:(N.S.)957. 
 
 513 (530) 34: (N.S.)615. 
 
 650 43: (N.S.)806. 
 
 1915E, 281. 
 
 713 19150,681. 
 
 751 (bad loans and in- 
 vestments) 39: (N.S.)173. 
 
 56 L.R.A. 
 
 33 (77) 
 
 193. 
 
 (211) 
 
 301 
 
 353 (358) 
 (360) 
 (367) 
 (375) 
 (406) 
 (414, 
 (421) 
 (434) 
 
 (441) 
 (445) 
 
 513 (538) 
 
 585 
 
 741 
 
 784 
 
 ......... 4:(N.S.)786. 
 
 27:(N.S.)550. 
 ......... 40:(N.S.)1095. 
 
 1915F, 955. 
 ......... 18:(N.S.)1252. 
 
 1917A,37. 
 ......... 62: 37. 
 
 ......... 40:(N.S.)1195. 
 
 ......... 50:(N.S.)1167. 
 
 ......... 52:(N.S.)910. 
 
 ......... 21:(N.S.)840. 
 
 ......... 30:(N.S.)391. 
 
 415) ......... 30:(N.S.)398. 
 
 905. 
 
 16:(N.S.)660. 
 
 52:(N.S.)153. 
 
 37:(N.S.)252. 
 
 52:(N.S.)152. 
 
 44:(N.S.)871. 
 
 1918F,574. 
 
 1917F.848. 
 
 39:(N.S.)1182. 
 
 1915E, 618. 
 
 27:(N.S.)1086. 
 
 I 57 L.R.A. 
 
 33 (57) 58 : 564, 568. 
 
 (88) 10: (N.S.)693.
 
 3432 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 57 L.R.A. cont'd. 
 
 155 11 : (X.S.) 1082. 
 
 17: (X.S.) 800. 
 
 26: (X.S.) 179. 
 
 28:(N.S.)753. 
 
 43:(X.S.)355. 
 
 353 29:(N.S.)781. 
 
 432 46: (X.S.) 1150. 
 
 1918E, 937. 
 513 26:(X.S.)764. 
 
 26:(N.S.)774. 
 
 1916A, 1054. 
 
 583 44: (N.S.)505. 
 
 643 (651) 1916F,358. 
 
 673 35:(X.S.)574. 
 
 (684) 9:(X.S.)1117. 
 
 16:(N.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: (N.S.)426. 
 
 58 L.R.A. 
 
 33 26: (X.S.)973. 
 
 (railroads) 1915A, 129. 
 
 (47) 16:(N.S.)146. 
 
 21: (X.S.) 601. 
 
 155 30:(X.S.)360. 
 
 (293) 1918F, 363. 
 
 (295, reservation) . .19:(X.S.)618. 
 1915E, 800. 
 
 (299) 24: (X.S.)451. 
 
 (306) 14: (X.S.)322. 
 
 1918D, 183. 
 
 321 (municipality) 20: (X.S.) 656. 
 
 20:(X.S.)201. 
 
 (328) 9:(X.S.)598. 
 
 28: (X.S.) 200. 
 51: (X.S.) 309. 
 
 410 1918D, 308. 
 
 513 (589) 15:(X.S.)952. 
 
 30: (X.S.) 705. 
 
 (599) 1915C,380. 
 
 (600) 30: (N.S.)704. 
 
 673 35: (X.S.)227. 
 
 788 26: (X.S.)816. 
 
 28: (X.S.) 825, 
 1917E, 1055. 
 833 38 : (N.S.) 1000. 
 
 59 L.R.A. 
 
 33 (logs) 51:(X.S.)1172. 
 
 135 (146,148,163) 38: (X.S.)297. 
 
 (162) 18: (X.S.)647. 
 
 1917B, 1032. 
 
 (177) 39:(X.S.)988. 
 
 (178, constructive 
 
 service) 9: (N.S.) 593. 
 
 1917F, 1161. 
 
 (178, other state) .. 9: (X.S.) 1168. 
 28: (X.S.) 1068. 
 
 (180) 34: (X.S.)1106. 
 
 1915E. 421. 
 
 (181) 41: (X.S.)219. 
 
 (183) 23: (X.S.)1254. 
 
 353 (366) 1918B, 972. 
 
 59 L.R.A. cont'd. 
 
 465 8: (N.S.)762. 
 
 34: (X.S.) 58. 
 
 1915B, 834. 
 
 1916E, 715. 
 513 30:(X.S.)462. 
 
 52: (X.S.) 574. 
 
 1916D, 831. 
 
 G04 37 : (X.S.) 1058. 
 
 673 .52: (X.S.)988. 
 
 817 28: (X.S.)156. 
 
 60 L.R.A. 
 
 294 51 : (X.S.) 534. 
 
 321 (366) 15:(N.S.)952. 
 
 30: (X.S.) 704. 
 481 26:(X.S.)794. 
 
 (500) 1916E, 523. 
 
 (502) 41:(X.S.)469. 
 
 (tidal) 31:(X.S.)396. 
 
 (512) 31:(X.S.)434. 
 
 641 (664) 39: (X.S.) 1051. 
 
 850 1:(X.S.)766. 
 
 1915A, 1118. 
 
 61 L.R.A. 
 
 33 (58) 23:(X.S.)204. 
 
 (58) 25: (X.S.)239. 
 
 52: (X.S.) 465. 
 1918F, 1005. 
 
 (95) 25: (X.S.)239. 
 
 36: (X.S.) 1045. 
 52:(X.S.)402. 
 52: (X.S.) 465. 
 1918F, 1005. 
 
 (98) 1917D, 707. 
 
 (105) 31 : (X.S.)301. 
 
 40: (X.S.) 263. 
 
 (107) 39:(X.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. 
 
 621 25 : (X.S.) 50. 
 
 30: (X.S.) 694. 
 44: (X.S.) 156. 
 1916F, 286. 
 
 673 (694) 20: (X.S.) 1050. 
 
 47:(X.S.)139. 
 
 746 1916F, 856. 
 
 833 (865) 1915E.687. 
 
 62 L.R.A. 
 
 33 1916D,750. 
 
 193 (incest) 26: (N.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. 
 
 (bribery) 1915B, 103. 
 
 (robbery) 1917D, 388. 
 
 369 19170,1119.
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 1433 
 
 62 L.R.A. cont'd. 
 
 673 (683) 25: (N.S.)831. 
 
 52:(X.S.)736. 
 
 (714) 5:(N.S.)899. 
 
 19:(N.S.)561. 
 27:(N.S.)966. 
 48: (N.S.) 893. 
 
 795(797) 6:(N.S.)928. 
 
 (798,802) 33:(N.S.)54. 
 
 817 (861) 36: (N.S.)162. 
 
 (866) 18:(N.S.)520. 
 
 (870) 34: (N.S.)1004. 
 
 (873) 41:(N.S.)391. 
 
 974 1915F, 820. 
 
 63 L.R.A. 
 
 163 18: (N.S.)520. 
 
 193 16:(N.S.)645. 
 
 289 4:(N.S.)H18. 
 
 1916C, 222. 
 
 353 (387) 45: (N.S.)219. 
 
 513 18:(X.S.)874. 
 
 (532) 5:(N.S.)751. 
 
 23:(N.S.)648. 
 
 28: (N.S.) 490. 
 
 29:(N.S.)795. 
 
 41:(N.S.)223. 
 
 616 29:(N.S.)775. 
 
 673 15:(N.S.)976. 
 
 833 23:(N.S.)968. 
 
 52: (N.S.) 275. 
 
 902 49:(N.S.)580. 
 
 963 (984) 36: (N.S.)162. 
 
 64 L.R.A. 
 
 33 (59) 38:(N.S.)907. 
 
 119 51:(N.S.)907. 
 
 160 46: (N.S.) 650. 
 
 236 17: (X.S.)650. 
 
 23:(N.S.)331. 
 
 25:(X.S.)465. 
 
 37:(N.S.)193. 
 
 1915A, 3<>9. 
 353 (356) 6:(X.S.)!>40. 
 
 35:(N.S.)385. 
 
 1917D, 942. 
 
 474 (481) 3: (N.S.)929. 
 
 (486) 12:(N.S.)717. 
 
 26:(N.S.)953. 
 
 1918D, 1137. 
 501 16 : (N.S.) 1026. 
 
 1915D, 838. 
 
 581 17: (N.S.)H13. 
 
 648 (665) 16:(N.S.)210. 
 
 689 (712) 11:(N.S.)368. 
 
 19: (N.S.) 143. 
 
 30:(N.S.)580. 
 
 41: (N.S.) 1034. 
 823 (833) 35:(N.S.)385. 
 
 1917D, 942. 
 977 (983,986) 35: (N.S.) 824. 
 
 65 L.R.A. 
 33.. 
 
 177 (186) 
 
 .12: (N.S.) 1130. 
 
 26: (N.S.) 242. 
 
 35:(N.S.)628. 
 
 40:(N.S.)893. 
 
 51:(N.S.)361. 
 
 1915F, 830. 
 .21:(N.S.)679. 
 
 25: (N.S.) 1285. 
 
 1916C, 666. 
 
 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: (N.S.)758. 
 
 304 22: (N.S.)243. 
 
 353 33: (N.S.)143. 
 
 657 45: (N.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. 
 
 118 1918A, 147. 
 
 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:(N.S.)996. 
 
 49:(N.S.)1159. 
 
 705 (708) 38:(N.S.)787. 
 
 783 49:(N.S.)83. 
 
 68 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.H04. 
 
 1918E, 924. 
 
 447 (454) 21:(N.S.)953. 
 
 39: (N.S.) 1160. 
 
 673 (699) 15:(N.S.)49. 
 
 799 2:(N.S.)725. 
 
 13:(N.S.)610. 
 29: (N.S.) 813. 
 1916C, 372. 
 833 (842) 16:(N.S.)162. 
 
 69 L.R.A. 
 
 193 12: (N.S.)220. 
 
 317 18 : (N.S.)431. 
 
 353 (375) 23: (N.S.)776. 
 
 673 23:(N.S.)924. 
 
 27:(N.S.)420. 
 
 771 1918E.470. 
 
 892 (898) 15: (N.S.)727.
 
 1434 
 
 TABLE OF SUPPLEMENTED L.R.A. MOTES. 
 
 70 L.R.A. 
 
 33 33:(N.S.)465. 
 
 57'J.: 1:(N.S.)49. 
 
 32:(N.S.)371. 
 
 731 18:(N.S.)297. 
 
 799 (crops) 1918A, 550. 
 
 1 L.R.A.(N.S.) 
 
 49 9:(N.S.)988. 
 
 32:(N.S.)371. 
 
 137 11:(N.S.)670. 
 
 184 17 : (N.S.)684. 
 
 40:(N.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: (N.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:(N.S.)609. 
 
 50: (N.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.)34. 
 
 1!)16C, 255. 
 
 752 34 : (N.S.)286. 
 
 766 1915A, 1118. 
 
 862 20: (N.S.)1164. 
 
 42:(X.S.)735. 
 
 918 1917C, 246. 
 
 926 1917C, 249. 
 
 928 19170,248. 
 
 932 1917C.256. 
 
 936 27: (N.S.)1151. 
 
 1917C, 245. 
 
 969 1917A, 102. 
 
 977 22: (N.S.)701. 
 
 1007 1918E, 367. 
 
 1024 3:(X.S.)508. 
 
 1110 10: (N.S.)706. 
 
 37:(N.S.)409. 
 
 1915A, 715. 
 
 1171 3:(N.S.)954. 
 
 1178 13: (N.S.)646. 
 
 1184 43 : (N.S.)961. 
 
 1916E, 253. 
 1188 43 : (N.S.)961. 
 
 1916E, 253. 
 1192 17: (N.S.)1135. 
 
 48: (N.S.) 294. 
 
 2 L.R.A.(H.S.) 
 
 95 25:(N.S.)180. 
 
 52:(N.S.)943. 
 
 105 32: (N.S.)1206. 
 
 1918F, 555. 
 110 24: (N.S.) 1178. 
 
 2 L.R.A.(N.S.) cont'd. 
 
 115 
 
 127 10 : (N.S.)693. 
 
 130 25:(X.S.)50. 
 
 30: (N.S.) 694. 
 
 44:(X.S.)156. 
 
 1916F,28(5. 
 
 144 50: (X.S.)236. 
 
 168 1917D, 740. 
 
 197 2:(N.S.)1196. 
 
 210 45:(N.S.)52. 
 
 244 1918C, 923. 
 
 261 38: (N.S.) 1202. 
 
 269 30: (N.S.)637. 
 
 52:(X.S.)889. 
 288 36:(X.S.)866. 
 
 51:(X.S.)1040. 
 
 1915E, 987. 
 
 303 5:(X.S.)1103 
 
 331 (constitutionality) .20: (X.S.)160. 
 
 1915E. !)17. 
 
 (fixtures) 34: (N.S.) 218. 
 
 (337) 25:(X.S.)758. 
 
 45:(X.,S.)4J)5. 
 
 (338) 19 :( N.S.) 874. 
 
 353 15:(X.S.)463. 
 
 1915E, 08. 
 
 383 24: (N.S.)143. 
 
 392 21:(X.S.)176. 
 
 395 1917F, 911. 
 
 408 (459) 1915F, 680. 
 
 512 52: (X.S.)670. 
 
 531 52:(N.S.)778. 
 
 553 22: ( X.S.) 661. 
 
 574 1915B, 498. 
 
 588 7 : (N.S.)H31. 
 
 ' 30:(N.S.)9r>7. 
 
 49: (N.S.) 1123. 
 
 1917A, 433. 
 
 1918B, 383. 
 
 619 1916B, 1053. 
 
 628 1915B.492. 
 
 631 25: (N.S.) 193. 
 
 34:(N.S.)454. 
 
 1916C, 263. 
 
 637 14: (X.S.)493. 
 
 643 1918A, 475. 
 
 652 (653) 36:(N.S.)208. 
 
 37: (N.S.) 1191. 
 
 51: (N.S.) 726. 
 666 25: (N.S.)596. 
 
 19156,1121. 
 695 5 : (N.S.) 779. 
 
 14:(N.S.)464. 
 
 34: (N.S.) 282. 
 
 1918D, 1032. 
 725 13 : (N.S.) 610. 
 
 29: (N.S.) 813. 
 
 1916C, 372. 
 
 744 1915E,722. 
 
 (748) 13:(N.S.)619. 
 
 29:(N.S.)813. 
 
 (757) 24: (N.S.)246. 
 
 804 (806) 1915D, 733. 
 
 809 28 : (N.S.) 178. 
 
 1915B, 740. 
 
 813 27 : (N.S.)898. 
 
 836 12:(N.S.)760. 
 
 13:(N.S.)615. 
 
 29: (N.S.) 808. 
 
 1916C, 364.
 
 TABLE OF SUPPLEMENTED L.R.A. ^OTES. 
 
 1435 
 
 L.R.A. (N.S.) cont'd. 
 
 '842 19:(X.S.)725. 
 
 859 21:(X.S.)263. 
 
 19168,1150. 
 
 S62 22: (X.S.)240. 
 
 41:(X.S.)1213. 
 1917E, 1133. 
 
 "873 20:(X.S.)1019. 
 
 887 38:(X.S.)830. 
 
 927 (928) 39:(X.S.)12ir>. 
 
 !)C>4 35 : (X.S.)251. 
 
 1013 41 :(X.S. )<>!)f>. 
 
 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:(N.S.)972. 
 49:(X.S.)135. 
 
 L.R.A.(N.S.) 
 49 22:(N.S.)1073. 
 
 1915D,831. 
 
 Ill 42:(X.S.)568. 
 
 141 45:(N.$.)946. 
 
 149 19 : (X.S.)1124. 
 
 168 20:(X.S.)1007. 
 
 36:(N.S.)115. 
 
 19170,63. 
 
 172 27:(N.S.)H. 
 
 192 36: (X.S.)500. 
 
 209 1915B, 435. 
 
 218 26 : f X.S.)1058. 
 
 1918E, 517. 
 
 244 1915E,91. 
 
 251 9 : (X.S.)1148. 
 
 19:(X.S.)606. 
 
 1915F, 673. 
 259 33:(X.S.)196. 
 
 47:(X.S.)932. 
 
 (287) 30:(N.S.)1096. 
 
 323 7:(N.S.)87. 
 
 339 1915E, 455. 
 
 545 20: (N.S )232. 
 
 38:(X.S.)488. 
 
 42:(X.S.)1179. 
 
 51: (N.S.) 992. 
 
 382 40:(X.S.)576. 
 
 412 47:(N.S.)955. 
 
 432 22:(X.S.)910. 
 
 28:(N.S.)773. 
 
 46:(N.S.)357. 
 
 1918F.317. 
 
 473 21:(X.S.)267. 
 
 478 39: (X.S.)370. 
 
 1915D, 130. 
 
 .500 4:(X.S.)220. 
 
 558 4:(X.S.)480. 
 
 564 45:(X.S.)908. 
 
 576 24: (X.S.)1182. 
 
 1915E. 715. 
 
 588 28:(X.S.)611. 
 
 608 20: (X.S.)264. 
 
 1915F, 880. 
 622 21 : (N.S.)585. 
 
 1918D, 683. 
 
 726 (life insurance) 1917B, 671. 
 
 (inheritance) 39: (N.S.) 1088. 
 
 1915C, 328. 
 
 '3 L.R.A. (N.S.) cont'd. 
 
 I 741 23:(X.S.)771. 
 
 746 22:(X.S.)921. 
 
 1916E, 96. 
 
 759 23: (X.S.)643. 
 
 42:(X.S.)8<53. 
 
 763 24 : (N.S.) 103. 
 
 25:(X.S.)1297. 
 33:(X.S.)179. 
 1917C, 822. 
 
 774 21: (X.S.)533. 
 
 887 1915C,378. 
 
 935 33 : (X.S.)949. 
 
 982 32: (X.S.)713. 
 
 38:(X.S.)72. 
 42:(X.S.)1073. 
 1915F, 698. 
 
 988 34:(X.S.)1089, 
 
 1094. 
 
 997 1916F,914. 
 
 1115 1916B, 616. 
 
 1126 38: (X.S.)763. 
 
 1132 19: (N.S.)772. 
 
 32:(N.S.)713. 
 42:(X.S.)1070. 
 1915F, 690. 
 
 1187 23: (X.S.)673. 
 
 1918F, 688. 
 
 1196 25: (X.S.)178. 
 
 1199 1918A, 442. 
 
 4 L.R.A. (N.S.) 
 
 49 19150,789. 
 
 49 (58) 34:(N.S.)351. 
 
 1915C, 809. 
 
 (66-68) 40: (N.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: (N.S.)722. 
 
 40:(N.S.)254. 
 282 28 : (N.S.)88. 
 
 1916F, 1249. 
 
 302 50: (N.S.)412. 
 
 309 32: (N.S.)737. 
 
 339 38: (N.S.)261. 
 
 365 51 : (N.S.) 1121. 
 
 1917C, 361. 
 
 417 41 : (N.S.)439. 
 
 421 38: (N.S.)571. 
 
 1915E, 152. c 
 427 33: (N.S.)883/ 
 
 1915A.521. 
 485 32: (N.S.) 1201. 
 
 1915E, 668. 
 
 521 1916E.821. 
 
 558 1915A, 797. 
 
 565 30: (N.S.)926. 
 
 569 49: (N.S.)491. 
 
 589 .1916D, 727. 
 
 607 1915A.273. 
 
 616 36: (N.S.)388. 
 
 629 44:(N.S.)68. 
 
 636 50: (N.S.)1007. 
 
 643 29 : (N.S.) 842. 
 
 1915A.67. 
 
 678 24: (N.S.) 1045. 
 
 688 40: (N.S.)857.
 
 1436 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 4 L.R.A,(N.S.) cont'd. 
 
 729 21:(N.S.)887. 
 
 740 18:(X.S.)613. 
 
 782 48: (N.S.)157. 
 
 786 27 : (N.S.)550. 
 
 (792) 27:(N.S.)550. 
 
 816 9:(X.S.)317. 
 
 848 28: (X.S.)1215. 
 
 865 30: (X.S.)1030. 
 
 890 1916D, 719. 
 
 909 . . .44: (N.S.)1003. 
 
 913.... 22:(N.S.)472. 
 
 939 .42: (N.S.)H62. 
 
 953 1916A, 894. 
 
 1020 51 : (N.S.)635. 
 
 1029 14: (N.S.)776. 
 
 1035 1918C, 108. 
 
 1091 (1118) 1916C, 222 
 
 1130 See L.R.A. Indexes under "Auto- 
 mobiles." 
 
 1170 38:(N.S.)4 
 
 1185 27: (N.S.)1062. 
 
 5 L.R.A.(N.S.) 
 
 136 35: (N.S.)1054. 
 
 1915A, 789. 
 
 1917A,379. 
 
 148 18: (N.S.)1233. 
 
 183 1918D, 388. 
 
 186 (sale of dangerous 
 i n str umentali ty ) 
 
 1915C, 460. 
 
 (question of law) . . .47:(N.S.)1204. 
 (260, master and 
 
 servant) 15:(N.S.)784. 
 
 (244, crossing) 47: (N.S.)820. 
 
 (250) 8: (N.S.)1093. 
 
 (256) ...., 1915D, 1021. 
 
 274 50: (N.S.)47. 
 
 327 22: (N.S.)534. 
 
 42:(X.S.)465. 
 
 375 1918C, 1195. 
 
 415 1915F, 898. 
 
 418 1915B, 407. 
 
 439. 28:(X.S.)577. 
 
 571 22: (N.S.)959. 
 
 619. . . .21: (N.S.)279, 
 
 280. 
 657 1915E, 127. 
 
 1916B, 1021. 
 
 663 50: (N.S.) 1091. 
 
 674 8: (N.S.) 1116. 
 
 27:(N.S.)283. 
 
 50:(N.S.)421. 
 680 46 : (X.S.)990. 
 
 1917A, 442. 
 
 721 46: (X.S.)142. 
 
 733 1918A, 849. 
 
 751 23 : (X.S.)648. 
 
 28:(X.S.)490. 
 
 29:(X.S.)795. 
 
 41:(X.S.)223. 
 779 14: (X.S.)464. 
 
 34:(X.S.)282. 
 
 1918D, 1032. 
 
 831 30: (X.S.)619. 
 
 838 46: (N.S.)1049. 
 
 60: (N.8.)489. 
 
 860 23: (X.S.)500. 
 
 874 25: (X.S.)1217. 
 
 886. 16: (N.S.)918. 
 
 1917A, 683. 
 
 5 L.R.A.(N.S.) cont'd. 
 
 899 19: (N.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:' (N.S.) 228. 
 1064 : ... .20: (N.S.)337. 
 
 26:(X.S.)110. 
 
 1081 1917C,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. 
 
 198 1918D, 364. 
 
 202 22: (X.S.) 1024. 
 
 212 18:(X.S.)880. 
 
 225 1918A,774. 
 
 . 298 24: (X.S.)oll. 
 
 302 22: (X.S.)828. 
 
 306 1915D.334. 
 
 311 52:(X.S.)r,71. 
 
 337 16:(X.S.)214. 
 
 1917E,4. 
 
 369 1916C, 1104. 
 
 381 26:(N.S.)161. 
 
 391 38:(X.S.)452. 
 
 397 28:(X.S.)680. 
 
 442 41: (X.S.)1176. 
 
 463 1917F, 637. 
 
 469 47 : (X.S.)870. 
 
 477 21 : (X.S.) 525. 
 
 1916D, 266. 
 
 516 1916B, 1220. 
 
 524 25: (X.S.)967. 
 
 550 43:(N.S.)559. 
 
 562 52: (X.S.) 126. 
 
 581 1917B,916. 
 
 609 1916E, 957. 
 
 685 45: (X.S.)559. 
 
 710 51: (X.S.)50. 
 
 750. 32: (X.S.)355. 
 
 1917F, 774. 
 
 882 45:(X.S.)215. 
 
 905 20 : (X.S.) 753. 
 
 34: (X.S.) 118. 
 
 191GB, 947. 
 
 914 40:(X.S.)655. 
 
 917 37:(X.S.)754. 
 
 52: (X.S.) 1154. 
 
 928 1917A, 1163. 
 
 934 1915B, 681. 
 
 940 35: (X.S.)386. 
 
 1917D, 942. 
 
 942 1915E, 1008. 
 
 981 19: (X.S.)646. 
 
 22:(X.S.)634. 
 
 33:(X.S.)646. 
 
 42: (X.S.) 1229. 
 
 49: (X.S.) 472.
 
 TABLE OF SUPPLEMEXTEU L.R.A. NOTES. 
 
 1437 
 
 6 L.R.A.(N.S.) cont'd. 
 
 1013 43: (N.S.)1037. 
 
 19150,747. 
 
 1016 1916A, 1302. 
 
 1021 1918D, 1192. 
 
 1048 3f>:(X.S.)611. 
 
 1048 32:(N.8.)189. 
 
 10r>4 32: (N.S.)189. 
 
 10(57 19160,989. 
 
 1082 1916A,524. 
 
 101,0 30:(N.S.)1161. 
 
 10!)4 20:(X.S.)654. 
 
 1107 1918A, 914. 
 
 1171 21:(N.S.)1021. 
 
 1180 1918D, 720. 
 
 1180 39:(N.S.)805. 
 
 7L.R.A.(N.S.) 
 
 H7 9:(X.S.)851. 
 
 108 36:(N.S.)1194. 
 
 1915A, 382. 
 114 23:(N.S.)924. 
 
 27: (X.S.) 420. 
 132 7:(N.8.)152. 
 
 17:(X.S.)707. 
 
 19:(X.S.)446. 
 
 27:(X.S.)379. 
 
 36: (X.S.) 957. 
 152 . . . . 17 : (X.S.) 707. 
 
 19:(X.S.)446. 
 
 27: (X.S.) 379. 
 
 155. .. 1917B, 948. 
 
 156.. 19180,340. 
 
 162 34:(X.S.)299. 
 
 1915E. 320. 
 
 188 1916A, 549. 
 
 191 18:(X.S.)882. 
 
 195 25:(X.S.)446. 
 
 48: (X.S.) 308. 
 
 216 46:(X T .S.)663. 
 
 253 1915B, 181. 
 
 274 23:(X T .S.)739. 
 
 1916A,743. 
 
 282 19150,960. 
 
 335 48:(X.S.)657. 
 
 352 1915D.588. 
 
 357 15:(X.S.)701. 
 
 28:(X.S.)648. 
 
 1916D, 301. 
 
 362 42: (X T .S.)386. 
 
 415 25: (X.S.)1211. 
 
 1915D, 1211. 
 424 19: (X.S.)516. 
 
 20:(X.S.)635. 
 
 43:(X.S.)1116. 
 481 10:(X.S.)74. 
 
 22:(X.S.)486. 
 
 32:(X.S.)62. 
 
 42:(X.S.)1144. 
 
 52: (X.S.) 505. 
 
 501 34 : (X.S.) 1195. 
 
 582 40:(X.S.)585. 
 
 1916D, 1276. 
 
 609 50:(X.S.)880. 
 
 612 41:(X.S.)290. 
 
 621 24: (X.S.)188. 
 
 646 49: (X.S.)1219. 
 
 669 1918F, 965. 
 
 694 . 47 : (X.S.) 552. 
 
 715 21: (X.S.)157. 
 
 729 51: (X.S.) 1153. 
 
 763. 28: (X.S.) 1029. 
 
 7 L.R. A. (N.S.) cont'd. 
 
 899 33 : (X.S.) 828. 
 
 933 13 : (X.S.)llOS. 
 
 45: (X.S.) 75. 
 
 958 48: (X.S.H91. 
 
 991 23: (X.S.)433. 
 
 1041 1916D, 341. 
 
 1053 33:(X.S.)741. 
 
 1076 13 : (X.S.)613. 
 
 29:(X.S.)814. 
 
 1131 30: (X.S.)957. 
 
 49: (X.S.) 1123. 
 1917A, 433. 
 1918B: 383. 
 
 1154 31: (X.S.)417. 
 
 1916A, 762. 
 1163 , 1917E, 1035. 
 
 8 L.R.A.(N.S.) 
 
 49 42: (X.S.)439. 
 
 77 29: (X.S.)199. 
 
 1915D, 243. 
 95 35: (X.S.)979. 
 
 1916A, 660. 
 
 108 . . 44 : (X.S.)643. 
 
 117 33: (X.S.) 139. 
 
 131 24: (X.S.)201. 
 
 34: (X.S.) 767. 
 
 144. ... ,' 22: (X.S.)1153. 
 
 149. ........ 44: (X.S.)98. 
 
 199 . . .-. ; 34 : (X.S.) 826. 
 
 . 227 . . 21 : (X.S.)75. 
 
 1917A, 1155. 
 240 16: (X.S.)935. 
 
 25: (X.S.) 938. 
 
 249. 19: (X.S.)475- 
 
 263.. 51:(X.S.)56. 
 
 287 52 : (X.S.)908. 
 
 299 48: (N.S.) 819. 
 
 384 14:(X.S.)893. 
 
 1915E, 1095. 
 426 32:(X.S.)51. 
 
 1918B, 670. 
 
 565 1915D, 551. 
 
 585 17 : (N.S.)439. 
 
 30:(X T .S.)783. 
 
 43:(X r .S.)911. 
 
 51: (X.S.) 959. 
 
 597 1915A. 761. 
 
 698 31 : (X.S.)176. 
 
 33: (X.S.) 996. 
 762 34:(X.S.)58. 
 
 1915B, 834. 
 
 783 1915E, 457. 
 
 804 16: (X.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:(XJS.)842. 
 
 937 31:(X.S.)517. 
 
 19150, 648. 
 
 944 1917F, 266. 
 
 983 39: (X.S.)951. 
 
 1014 1916B, 621. 
 
 1069 41 : (X.S.)264. 
 
 1107 1917A, 216. 
 
 1917A, 231. 
 1116 27 : (X.S.)283. 
 
 50: (X.S.) 421. 
 1130 46: (X.S.) 1134.
 
 1438 
 
 TABLE OP SUPPLEMEX1ED L.R.A. NOTES. 
 
 8 L.R.A.(N.S.) cont'd. 
 
 1137 20: (X.S.)298. 
 
 42: (X.S.) 1160. 
 
 1148 1918F, 172. 
 
 1180 33 : (N.S.)602. 
 
 44:(N.S.)422. 
 
 1210 44: (N.S.)427. 
 
 1240 34: (N.S.)715. 
 
 9 L.R.A.(N.S.) 
 
 49 48:(N.S.)647. 
 
 140 37:(X.S.)861. 
 
 146 23: (X.S.)636. 
 
 1915F, 568. 
 
 154 49: (X.S.)922. 
 
 174 43 : (X.S.)639. 
 
 224 38: (X.S.)941. 
 
 277 27 : (X.S.)487. 
 
 44: (X.S.) 583. 
 
 1918C. 1168. 
 
 282 1917B, 1128. 
 
 (advertising) 33 : (X.S.) 947. 
 
 ,322 46: (X.S.)467. 
 
 338 1915E, 501. 
 
 407 .41: (X.S.)799. 
 
 446. 
 
 1915B,621. 
 .1917A.379. 
 
 478 20: (X.S.)956. 
 
 48:(X.S.)196. 
 
 485 52 : (N.S.) 1075. 
 
 496 46:(X.S.)615. 
 
 501 1917A, 379. 
 
 572 39:(X.S.)519. 
 
 380 21:(X.S.)868. 
 
 593 1917F. 1161. 
 
 598 28: (N.S.) 200. 
 
 51: (X.S.) 309. 
 
 601 1918F, 829. 
 
 689 44:(X.S.)544. 
 
 698 29: (X.S.)205. 
 
 781 1918A, 884. 
 
 880 30: (X.S.) 404. 
 
 1917E, 1029. 
 
 929 21 : (X.S.) 873. 
 
 1916E, 774. 
 
 988 32: (X.S.)371. 
 
 1026 42:(X.S.)555. 
 
 1918C, 1015. 
 
 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. 
 
 191 5F, 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 
 
 191 5E. 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. 
 
 332 
 
 1918F, 287. 
 
 352 
 
 12: (X.S.) 831. 
 
 
 21: (X.S.) 972. 
 
 
 49: (X.S.) 135. 
 
 404 
 
 .22: (X.S.) 1100. 
 
 415 
 
 .41:(X.S.)559. 
 
 432 
 
 .34:(X.S.)637. 
 
 443 
 
 27: (X.S.) 735. 
 
 463 
 
 19150,396. 
 
 640 
 
 24:(X.S.)735. 
 
 706 
 
 37:(X.S.)409. 
 
 
 1915A, 715, 
 
 
 722. 
 
 736 
 
 28:(X.S.)593. 
 
 
 32: (X.S.) 240. 
 
 48:(X 
 
 842 24: (X, 
 
 845 20: (X 
 
 857 48: (X 
 
 897 1917E 
 
 925 44:(X 
 
 1918C, 
 928.. 
 992.. 
 
 S.)1057. 
 S.)!)58. 
 ,S.)840. 
 ,397. 
 .S.)359. 
 239. 
 ,S.)563. 
 ,S.)836. 
 
 ..." 39: (X. 
 
 21:(X. 
 
 44:(X. 
 
 1043 47 : (X.S.) 1221. 
 
 1051 25: (X.S 
 
 1061 34: (X.S 
 
 1155 1916C, 343. 
 
 1175 1918A, 940. 
 
 11 L.R.A.(N.S.) 
 
 92 49:(X.S.)853. 
 
 166 1917F, 172. 
 
 182 48: (X.S.)440. 
 
 202 1917C, 782. 
 
 368 19 : (X.S.) 143. 
 
 30: (X.S.) 580. 
 
 41: (X.S.) 1034. 
 
 372 35: (X.S.)1113. 
 
 417 30: (X.S.) 176. 
 
 34:(X.S.)34. 
 432 50: (X.S.)432. 
 
 1917D. 648. 
 449 25: (X.S.) 1220. 
 
 43: (X.S.) 137. 
 
 1918E, 1039. 
 497 49: (X.S.)305.
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 1439 
 
 11 L.R.A.(N.S.) cont'd. 
 
 504 34 : (X.S.) 804. 
 
 48:(X.S.)919. 
 1916D, 1227. 
 191 8E. 219. 
 
 550 23:(X.S.)1020. 
 
 29: (X.S.) 745. 
 
 554 17:(X.S.)477. 
 
 557 1915U. 1218. 
 
 561 28:(X.S.)566. 
 
 30:(X.S.)409. 
 1915B, 685. 
 
 616 29:(N.S.)905. 
 
 653 31:(X.S.)670. 
 
 676 28:(X.S.)436. 
 
 713 43:(X.S.)730. 
 
 1918E. 296. 
 
 748 16:(X.S.)445. 
 
 52:(X.S.)377. 
 
 789 28:(X.S.)450. 
 
 818 46:(X.S.)669. 
 
 825 24:(X.S.)840. 
 
 913 1918C,55. 
 
 030 28:(X.S.)757. 
 
 37: (X.S.) 1115. 
 
 f>40 22:(X.S.)2. 
 
 948 23:(X.S.)824. 
 
 1915D, 355. 
 
 973 41 : (X.S.)524. 
 
 !K>6 46: (X.S.)3f)2. 
 
 1018 21:(X.S.)1005. 
 
 1917A, 719. 
 
 1028 46: (X.S.) 325. 
 
 1060 : 42: (X.S.)1041. 
 
 1918D, 819. 
 
 1082 17:(X.S.)800. 
 
 26:(X.S.)179. 
 28:(X.S.)753. 
 43:(X.S.)355. 
 
 1092 33 : (X.S.)969. 
 
 50: (X.S.) 195. 
 1917B, 15. 
 
 1119 32:(X.S.)616. 
 
 47: (X.S.) 1058. 
 
 1157 1916A. 1143. 
 
 1163 1918E, 954. 
 
 1170 34:(X.S.)924. 
 
 43: (X.S.) 131. 
 1918E, 351. 
 
 1186 20: (X.S.)498. 
 
 1916F, 393. 
 
 12 L.R.A.(N.S.) 
 
 98 
 
 102.. 
 
 112. 
 
 131. 
 
 188. 
 
 240. 
 207 . 
 
 319. 
 355. 
 382. 
 
 389. 
 
 (drains or sewers) 
 
 .1918E,959. 
 
 .20: (X.S.) 933. 
 
 44: (X.S.) 1160. 
 .40: (X.S.) 935. 
 . 1915A, 129. 
 .22: (X.S.) 190. 
 .38:(X.S)913. 
 
 52:(X.S.)207. 
 .26: (X.S.) 159. 
 .27: (X.S.) 168. 
 
 37: (X.S. ^976. 
 
 49:(X.S.')415. 
 .46:(X.S.)537. 
 .19170,553. 
 .20: (X.S.) 1110. 
 
 39: (X.S.) 20. 
 .27:(X.S.)425. 
 
 1915E, 356. 
 
 12 L.R. A. (N.S.) cont'd. 
 
 403. 23: (N.S.) 1003. 
 
 44: (X.S.) 680. 
 
 1916F, 890. 
 449 26 :( X.S. ) 1207. 
 
 42: (X.S.) 176. 
 
 1916D, 826. 
 (454) 15:(X.S.)160. 
 
 1916D, 827. 
 461 20:(X.S.)876. 
 
 48: (X.S.) 667. 
 479 43: (X.S.) 1128. 
 
 1918D, 187. 
 519 20: (X.S.) 1095. 
 
 23: (N.S.) 192. 
 
 38: (X.S.) 101. 
 
 1915C, 877. 
 
 526 49: (X.S.)166. 
 
 537 42:(X.S.)915. 
 
 1915E, 460. 
 
 568 19170,246. 
 
 575 (576) 43: (X.S.) 1109. 
 
 (616) 1915B, 851. 
 
 643 32: (X.S.)792. 
 
 51: (N.S.) 778, 
 
 661 (wills) 1918F, 775. 
 
 670 25: (N.S.) 356. 
 
 711 1M5D, 1205. 
 
 717 28:(X.S.)954. 
 
 1918D, 1137. 
 
 721 24 : (X.S.)139. 
 
 748 49:(N.S.)258. 
 
 760 13 : (N.S.)615. 
 
 19160,376. 
 768 35: (X.S.)563. 
 
 50: (X.S.) 510. 
 
 1916D,211. 
 831... 21:(X.S.)972. 
 
 49: (X.S.) 135. 
 853 19:(X.S.)717. 
 
 23: (X.S.) 954. 
 861 23:(X.S.)960. 
 
 1916F,1227. 
 
 869 1918E, 111. 
 
 881 48:(X.S.)265. 
 
 895 26 : (X.S.)237. 
 
 935 1916D, 610. 
 
 946 1915A, 106. 
 
 956 24: (N.S.)514. 
 
 42:(X.S.)379. 
 
 969 1918D, 741. 
 
 1019 1915E, 172. 
 
 1021 1916E, 828. 
 
 1040 47: (X.S.)84. 
 
 1100 28: (X.S.)992. 
 
 1915D, 852. 
 1125 30: (X.S.) 1084. 
 
 51: (X.S.) 1082. 
 1130 26: (N.S.)242. 
 
 35: (X.S) 628. 
 
 40: (X.S.) 893. 
 
 51:(X.S.)361. 
 
 191 5F, 830. 
 
 1155 1918E, 708. 
 
 1177 14:(X.S.)130. 
 
 37: (X.S.) 1017. 
 1190 22: (X.S.) 1110. 
 
 51: (X.S.) 151. 
 
 1918F, 169. 
 
 1201 23: (X.S.)1151. 
 
 1207 33 : (X.S.)773. 
 
 1918E, 1033.
 
 1440 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 13 L.R.A.(N.S.) 
 
 146 39:(N.S.)46. 
 
 159 33 : (N.S.)386. 
 
 173 21:(N.S.)417. 
 
 185 - 50 : (X.S.) 239. 
 
 222 34:(N.S.)758. 
 
 1915E, 161. 
 226 20:(N.S.)816. 
 
 1915C, 571. 
 
 244 1915C, 467. 
 
 258 (personal encounter) 1917C, 199. 
 283 25:(N.S.)407. 
 
 1916C, 1022. 
 
 298 1915D, 196. 
 
 314.. 19170,476. 
 
 333 1918B, 475. 
 
 384 49 : (N.S.) 1011. 
 
 413 1918B,975. 
 
 481 43: (N.S.) 1050. 
 
 490 1915B, 144. 
 
 56l" 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.) 800. 
 
 40: (N.S.) 832. 
 
 51:(N.S.)337. 
 
 1918D, 1141. 
 687 ; 40: (N.S.)832. 
 
 51:(N.S.)337. 
 
 1918D, 1141. 
 697 29:(N.S.)709. 
 
 47: (N.S.) 173. 
 
 716 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. 
 
 1918C, 1157. 
 1024 25: (N.S.)376. 
 
 52: (N.S.) 230. 
 1066 34: (N.S.)466. 
 
 50:(N.S.)1013. 
 1071 34: (N.S.M69. 
 
 1917E, 823. 
 
 1105 45: (N.S.)75. 
 
 1122 16: (N.S.)816. 
 
 25:(N.S.)33. 
 
 38: (N.S.) 973. 
 
 1918E, 121. 
 
 1126 39: (N.S.)217. 
 
 1158 50: (N.S.)858. 
 
 1166. 20: (N.S.)686. 
 
 1915A, 325. 
 
 1214. 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. 
 
 155 46: (N.S.)557. 
 
 185 1917A, 127. 
 
 216 21 : (X.S.)93. 
 
 26: (X.S.) 382. 
 33:(N.S.)79. 
 37: (X.S.) 834. 
 47: (N.S.) 062. 
 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:(X.S.)478. 
 
 (speed) 1917F, 1187. 
 
 312. 20:(X.S.)426. 
 
 322 1918D, 183. 
 
 330 33:(X.S.)983. 
 
 346. . 24: (N.S.)369. 
 
 356..,. 1918A, 898. 
 
 400 38: (N.S.)351. 
 
 443 27 : (N.S.)439. 
 
 448. 19170,774. 
 
 457.. -. 1918A, 937. 
 
 464 34:(X.S.)282. 
 
 1918D, 1032. 
 
 476.. .. 42:(X.S.)122. 
 
 488 1915F, 771. 
 
 499........ 49:(X.S.)300. 
 
 507... 28:(X.S.)234. 
 
 5141. :. 1916D,613. 
 
 526.. 43:(X.S.)901. 
 
 548 . 1916E. 1273. 
 
 561 23:(X.S.)492. 
 
 586.. .; 24: (N.S.) 1267.. 
 
 42: (N.S.) 840. 
 1917A, 1295. 
 
 603 32:(X.S.)306. 
 
 1915D, 817. 
 
 648 39: (X.S.) 1055. 
 
 663 1917B, 252. 
 
 674 19170.1014. 
 
 689 (714) 1916B, 965. 
 
 (763) 33:(X.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: (X.S.)321. 
 
 1062 1915A, 757. 
 
 1067 37 : (N.S.) 953. 
 
 1090 1915B, 298. 
 
 1128 19150, 734. 
 
 1150 , 1918F, 794. 
 
 1188 23: (N.S.)938. 
 
 19170, 882. 
 
 1242 38:(N.S.)204. 
 
 1915B, 1119. 
 1259 32: (N.S.) 1190.
 
 TABLE OF SUPPLEMENTED L.R.A. -NOTES. 
 
 15 I.R. 
 
 61 32:(N.S.)1078. 
 
 73 1917A, 1213. 
 
 04 24:(N.S.)408. 
 
 108 25:(N,S.)1001. 
 
 129 42:(N.S.)151. 
 
 134 29:(N.S.)240. 
 
 52:(N.S.)267. 
 
 142 see 36: (N.S.)295. 
 
 156 (161) 19170,1172. 
 
 206 25:(N.S.)1241. 
 
 214 32: (N.S.)598. 
 
 254 : . . . 23 : (N.S.) 1224. 
 
 272 34: (N.S.) 1050. 
 
 277 19: (X.S.)374. 
 
 49: (N.S.) 250. 
 
 294 19180, 528. 
 
 :U3 (330) 1915E, 563. 
 
 350 27:(N.S.)255. 
 
 35: (N.S.) 549. 
 51: (N.S.) 109 7. 
 
 402 27:(N.S.)124. 
 
 425 52: (N.S.) 260. 
 
 443 20: (N.S.) 500. 
 
 25: (N.S.) 708. 
 
 406 38:(N.S.)752. 
 
 479 45:(N.S.)841. 
 
 509 1915K, 989. 
 
 519 1917A, 148. 
 
 523 35:(N.S.)592. 
 
 535 (541) 33: (N.S.) 1061. 
 
 .->94 1916F, 691. 
 
 686 (687) 38:(N.S.)1162. 
 
 701 28:(N.S.)648. 
 
 1916D, 301. 
 
 715 26:(N.S.)483. 
 
 1917D, 690. 
 
 747 23:(N.S.)691. 
 
 33:(N.S.)325. 
 47:(N.S.)673. 
 
 756 1918B, 79. 
 
 763 1918A, 389. 
 
 775 1916K, 898. 
 
 790 19151), 305. 
 
 819 1915E. 991. 
 
 840 (845) 17 : (N.S.) 758. 
 
 868 31:(N.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:(N.S.)250. 
 
 1272 41:(N.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:(N.S.)877. 
 
 128 27:(N.S.)181. 
 
 146 21:(N.S.)601. 
 
 177 1916E,1082. 
 
 214 1917E,4. 
 
 91 
 
 16 L.R.A.(N.S.) --i-onfd. 
 
 227 ................... 30:(N.S.)552. 
 
 52:(\.S.)754. 
 236 ................... 43:(N.S.)575. 
 
 285 ................... 1916D, 1299. 
 
 353 ................... 33: (N.S.)960. 
 
 48: (N.S.) 198. 
 445 ................... 52:(N.S.)377. 
 
 470 ................... 47:(N.S.)1190. 
 
 489 ................... 1917C, 324. 
 
 494 ................... 42:(N.S.)577. 
 
 527 ................... 1916A.930. 
 
 585. . .' ................ 42:(X.S.)872. 
 
 631 ................... 27:(N.S.)537. 
 
 49: (N.S.) 67. 
 647 ........... ........ 1918D, 205. 
 
 660 ................... 52:(N.S.)153. 
 
 672 ................... 19: (N.S.) 1056. 
 
 35: (N.S.) 575. 
 
 36: (N.S.) 33. 
 
 42: (N.S.) 643. 
 691 ................... 1915A.616. 
 
 742 ................... 43:(N.S.)332. 
 
 746 ................... 28:(N.S.)615. 
 
 1915F, 1076. 
 777 ................... 1915B, 358. 
 
 786 ................... 20:(N.S.)321. 
 
 33: (N.S.) 4 19. 
 794 ................... 24:(N.S.)475. 
 
 1918C, 373. 
 807 ................... 1916A, 972. 
 
 816 ................... 25:(N.S.)33. 
 
 38: (N.S.) 973. 
 
 1918E, 121. 
 829 ........... ........ 26: (N.S.)696. 
 
 860 ................... 1915D, 941. 
 
 870 (terminal office closed) 
 
 24: (N.S.) 1283. 
 874 ................... 1915D, 397. 
 
 878 ................... 33:(N.S.)738. 
 
 49: (N.S.) 132. 
 886 ................... 1915F.888. 
 
 890 ................... 40: (N.S.)133. 
 
 1915C, 605. 
 918 ................... 1917A, 683. 
 
 931 ................... 1915F, 577. 
 
 935 ................... 25: (N.S.)938. 
 
 963 ................... 43:(N.S.)187. 
 
 1915F, 1125. 
 1020 ................... 1915F. 979. 
 
 1026 ................... 1915D.838. 
 
 1035 ................... 21:(N.S.)83. 
 
 1055 ................... 23:(N.S.)123. 
 
 1916F, 694. 
 1058 ................... 1917F, 547. 
 
 1132 ................... 52:(N.S.)668. 
 
 1136 ................... 31 : (N.S.) 1186. 
 
 17 L.R.A.(N.S.) 
 
 101 ................... 1918B. 1133. 
 
 124 ................... 1916C, 1097. 
 
 162 ................... 35:(N.S.)787. 
 
 1917F, 760. 
 210.. ..' ............... 23:(N.S.)982. 
 
 244 ................... 27 : (N.S.) 1032. 
 
 52:(N.S.)919. 
 276 ................... 39: (N.S.) 423. 
 
 287 ................... 44 : (N.S.)236. 
 
 353 ................... 23: (N.S.)515. 
 
 30: (N.S.) 1173. 
 364 ................... 29: (N.S.)802. 
 
 42: (N.S.) 984. 

 
 2442 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 17 L.R.A.(N.S.) cont'd. 
 
 385 1917F, 575. 
 
 431 1917E,520. 
 
 439 30: (N.S.)783. 
 
 43:(N.S.)911. 
 51: (N.S.) 959. 
 
 514 38: (N.S.)Hll. 
 
 594 1917E, 1049. 
 
 602 24: (N.S.)1121. 
 
 609 1915D,719. 
 
 650 23:(N.S.)331. 
 
 25:(N.S.)465. 
 37:(KS.)193. 
 1915A, 369. 
 
 667 51:(N.S.)279. 
 
 684 40 : (N.S.) 875. 
 
 688 1916D,307. 
 
 702 24: (N.S.)375. 
 
 707 19 : (N.S.)446. 
 
 27:(N.S.)379. 
 
 733 51:(N.S.)817. 
 
 773 40: (N.S.)913. 
 
 788 38:(N.S.)175. 
 
 800 26 : (N.S.)179. 
 
 28:(N.S.)753. 
 43:(N.S.)355. 
 
 808 26: (N.S.)248. 
 
 821 (823) 29:(N.S.)159. 
 
 44: (N.S.) 478. 
 
 841 29:(X.S.)8S6. 
 
 898 49: (N.S.)955. 
 
 910 1915E,943. 
 
 925 27 : (N.S.) 690. 
 
 935 40:(N.S.)639. 
 
 1019 : 32: (N.S.) 1075. 
 
 1025 49:(N.S.)958. 
 
 1054 40:(N.S.)48. 
 
 1083 1918A, 1120. 
 
 1100 38:(N".S.)770. 
 
 1135 48:(N.S.)294. 
 
 1140 1915B, 645. 
 
 1144 43:(N.S.)725. 
 
 191GF, 171. 
 
 1157 (moving pictures) . .30: (N.S.)465. 
 1918B, 361. 
 
 1167 30:(N.S.)1207. 
 
 48:(N.S.)531. 
 
 1226;., -. 41: (N.S.) 745. 
 
 1236. 38: (N.S.)286. 
 
 18 L.R.A.(N.S.) 
 
 77 ..19156,1140. 
 
 109 . . .... .27 : (N.S.)319. 
 
 156 .... 32:(N,S.)554. 
 
 197. : 1 -':. . . . ... .. .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 19160,1017. 
 
 260 25:(N.S.)228. 
 
 272 1918B,64. 
 
 288 1917C, 306. 
 
 295 29: (N.S.)834. 
 
 300 34: (N.S.)360. 
 
 328 38 : (N.S.) 754. 
 
 409 34: (N.S.)141. 
 
 18 L.R. A. (N.S.) cont'd. 
 
 451 32 : (N.S.)303. 
 
 44:(N.S.)57. 
 1916F, 864. 
 
 458 46: (N.S.)790. 
 
 478 22: (N.S.) 969. 
 
 47:(N.S.)113. 
 
 494 1918D,962. 
 
 580 1915D, 438. 
 
 585 42:(N.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.)649. 
 
 768 50:(X.S.)1077. 
 
 902 44:(N.S.)372. 
 
 956 1917D, 1059. 
 
 963(1019 et seq.) 1918F, 801. 
 
 1167 34:(N.S.)495. 
 
 1918F, 402. 
 
 1205 39:(N.S.)1156. 
 
 1221 32:(N.S.)1173. 
 
 52:(X.;S.)241. 
 
 1252 1917A. 37. 
 
 1259 29:(N.S.)770. 
 
 19 L.R.A.(N.S.) 
 
 88 33:(X.S.)676. 
 
 143 30:(N.S.)580. 
 
 161 39:(N.S.)481. 
 
 167 1916F, 427. 
 
 269 37:(N.S.)259. 
 
 297 28:(N.S.)265. 
 
 340 28: (N.S.) 1267. 
 
 374 49:(N.S.)250. 
 
 377 44:(X.S.)1209. 
 
 391 . ...46:(X.S.)1157. 
 
 446 27:(N.S.)379. 
 
 475 49:(X.S.)277. 
 
 483 31:(X.S.)1166. 
 
 507 49:(X.S.)844. 
 
 (510,519) 46:(N.S.)330. 
 
 (516) 20:(X.S.)635. 
 
 (517) 20:(N.S.)646. 
 
 51:(X.S.)1077. 
 
 526 42:(X.S.)242. 
 
 561 27:(X.S.)966. 
 
 48: (N.S.) 893. 
 
 599 1917E,1040. 
 
 607 1915F. 673. 
 
 618 1915E, 800. 
 
 see 1918F, 364. 
 
 623 1917E,415. 
 
 646 22:(N.S.)634. 
 
 33:(X.S.)646. 
 
 42: (N.S.) 1229. 
 
 49:(N.S.)472. 
 
 662 3!): (X.S.)1104. 
 
 693 31:(N.S.)319. 
 
 700 25: (N.S.)727. 
 
 717 23: (N.S.)954. 
 
 733......... 49:(X.S.)889. 
 
 759 L1:(X.S.)344. 
 
 762., 1918F, 1179. 
 
 772 32:(N.S.)713. 
 
 42: (N.S.) 1070. 
 
 1915F, 690. 
 835 28: (N.S.)673. 
 
 1915C, 359.
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 1443 
 
 19 L.R.A. (N.S.) cont'd. 
 
 874 51:(N.S.)398. 
 
 883 46:(N.S.)1021. 
 
 887 25:(N.S.)384. 
 
 1917F, 270. 
 
 907 1918F, 829. 
 
 910 1917C,9. 
 
 923 48:(N.S.)213. 
 
 1916B, 879. 
 
 938 31:(N.S.)743. 
 
 952 1915C, 1221. 
 
 964 23:(X.S.)497. 
 
 34: (N.S.) 7 73. 
 1917C, 935. 
 
 1006 34:(N.S.)818. 
 
 1916A, 1273. 
 
 1034 37:(N.S.)912. 
 
 1039 1917D, 382. 
 
 1056 36: (N.S.)33. 
 
 42:(N.S.)643. 
 
 1094 (1139, road vehicles) 50: (N.S.)1147. 
 (walls, fences, etc.) .1915D, 160. 
 
 (1143) 47: (N.S.) 1101. 
 
 (wreck) 1917F, 1031. 
 
 (fire) 1917F, 1036. 
 
 1178 45:(N.S.)98. 
 
 20 L.R.A. (N.S.) 
 
 79 1918F, 282. 
 
 110 1915B, 173. 
 
 133 33:(N.S.)109. 
 
 146 1916C, 564. 
 
 155 43: (X.S.)702. 
 
 160 1915E, 917. 
 
 185 30: (N.S.)291. 
 
 42: (N.S.) 332. 
 
 208 39 : (N.S.)1107. 
 
 1916C, 676, 
 
 232 38:(X.S.)488. 
 
 42:(N.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. 
 
 (592,595,597) 40: (N.S.) 182. 
 
 (593) 40:(N.S.)94. 
 
 1918D, 814. 
 (598-600,627-629) .1916F,708. 
 
 (607, 649) 39: (N.S.)405. 
 
 (635) 43:(N.S.)1116. 
 
 (632, 640, 641) 29 : (N.S.) 180. 
 
 43: (N.S.) 1158. 
 1916A.486. 
 
 (646) 51: (N.S.) 1077. 
 
 (656) 39: (N.S.)1167. 
 
 (676) 1917D, 756. 
 
 20 L.R.A. (N.S.) cont'd. 
 
 (686) 1915A,325. 
 
 (697) 1918B, 649. 
 
 (738) .35: (N.S.)840. 
 
 (753) 34: (N.S.) 1115. 
 
 1916B, 947. 
 
 769 40: (X.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. 
 
 19170, 63. 
 
 1050 47:(N.S.)137. 
 
 1065 33:(N.S.)491. 
 
 1095 23:(N.S.)192. 
 
 38: (N.S.) 101. 
 19150, 877. 
 
 1110 39:(N.S.)20. 
 
 1133 1917A, 74. 
 
 1146 26:(N.S.)895. 
 
 46: (N.S.) 759. 
 1917B, 974. 
 
 1158 1918F, 790. 
 
 1164 42:(N.S.)735, 
 
 21 L.R.A.(N.S.) 
 
 1 43:(X.S.)813. 
 
 23 32:(N.S.)1186. 
 
 41:(N.S.)40,7. 
 
 52 1916B, 862. 
 
 75 '. 1917A, 1155. 
 
 81 35:(N.S.)658. 
 
 93 26:(N.S.)382. 
 
 33: (N.S.) 79. 
 
 37: (N.S.) 834. 
 
 47: (N.S.) 662. 
 
 1916A, 957. 
 115 28:(N.S.)554. 
 
 39:(N.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:(N.S.)940. 
 
 1917F, 861. 
 
 283...... 48:(N.S.)823. 
 
 318 1918D,714. 
 
 338 19180,58. 
 
 349 35: (N.S.)1079. 
 
 40: (N.S.) 1207. 
 
 1918B, 853. 
 354 22:(N.S.)741. 
 
 19150, 181. 
 
 456 1915F, 572. 
 
 525 1916D, 266. 
 
 585 1918D, 683. 
 
 614 48: (N.S.)628. 
 
 679 25- (N.S.) 1285. 
 
 1916A, 666.
 
 1444 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 21 L.R.A.(N.S.) cont'd. 
 
 683 1915D, 1126. 
 
 701 28:(N.S.)139. 
 
 735 34:(N.S.)998. 
 
 1917A, 1220. 
 
 755 42: (N.S.)298. 
 
 774 26:(N.S.)509. 
 
 794 29: (N.S.)924. 
 
 46: (N.S.) 702. 
 
 823 1917B, 403. 
 
 830 1915D, 209. 
 
 836 44: (N.S.)161. 
 
 873 1916E, 774. 
 
 914 . 39: (N.S.)1187. 
 
 953 39 :( N.S.) 1160. 
 
 972 49 : (N.S.) 135. 
 
 998. .. r 45: (N.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. 
 
 225 1918E, 771. 
 
 240 41 : (N.S.) 1213. 
 
 1917E, 1133. 
 276 38:(N.S.)272. 
 
 1915D,911. 
 
 313 27 : (N.S.)253. 
 
 345 1918E.738. 
 
 364 1917D, 1011. 
 
 383 49:(N.S.)57. 
 
 486 32:(N.S.)62. 
 
 42:(N.S.)1144. 
 
 52: (N.S.) 505. 
 492 39: (N.S.) 151. 
 
 1916D, 154. 
 
 S09 1915A, 860. 
 
 534 >. 42:(N.S.)465. 
 
 545. 28: (N.S.)144. 
 
 568 1915B, 396. 
 
 577 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 M917A, 517. 
 
 828 41:(N.S.)500. 
 
 841 28:(N.S.)655. 
 
 1915F, 608. 
 
 862 49:(N.S.)387. 
 
 872 49:(N.S.J387. 
 
 880 42:(N.S.)741. 
 
 910 28:(N.S.)773. 
 
 46:(N.S.)357. 
 
 1918F, 317. 
 
 921 1916E, 96. 
 
 969 47:(N.S.)113. 
 
 996 1917A, 294. 
 
 1073 1915D, 830. 
 
 1077 40.(N.S.)242. 
 
 1110 51: (N.S.)151. 
 
 1918F, 169. 
 1136.'. 41: (N.S.)132. 
 
 1917A, 259. 
 
 1178 32: (N.S.)1043. 
 
 1183 32: (N.S.)848. 
 
 22 L.R. A. (N.S.) cont'd. 
 
 1202 1916C, 740. 
 
 1224 19156,1180. 
 
 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.)lOl. 
 
 1915C, 877. 
 217 31: (N.S.)657. 
 
 1918B, 1116. 
 289 30:(N.S.)481. 
 
 39:(N.S.)122. 
 
 43: (N.S.) 1164. 
 
 1915C, 1184. 
 
 304 1918D, 1014. 
 
 310 37 : (N.S.)977. 
 
 331 25 : (N.S.)465. 
 
 37:(N.S.)1C3. 
 
 1915A, 369. 
 352 29: (N.S.)635. 
 
 34: (N.S.) 126. 
 
 1917B, 108. 
 359 42:(N.S.)700. 
 
 1918B, 998. 
 
 367 34: (N.S.)323. 
 
 410 1915A, 320. 
 
 414 1916B, 860. 
 
 436 1918B, 134. 
 
 463 1915E, 936. 
 
 474 1918A, 767. 
 
 477 1917A,446. 
 
 497 34: (N.S.)773. 
 
 1917C, 935. 
 
 515 30: (N.S.)1173. 
 
 531 1918A, 550. 
 
 548 25:(N.S.)24. 
 
 553 1916D. 1041. 
 
 561 25 : (N.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.' 
 
 673 1918F, 688. 
 
 679 28:(N.S.)723. 
 
 691 33:(N.S.)325. 
 
 47:(N.S.)673. 
 726 25: (N.S.) 382. 
 
 42:(N.S.)870. 
 
 739 1916A, 743. 
 
 745 1915A,502. 
 
 751 1917D. 813. 
 
 815 52:(N.S.)728.
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 1445 
 
 23 L.R.A.(N.S.) cont'd. 
 
 824 1915D, 355. 
 
 828 1918A, 906. 
 
 834 1916E, 236. 
 
 849 1915C, 576. 
 
 870 1918F. 145. 
 
 880 1918A, 384. 
 
 891 34:(N.S.)225. 
 
 924 27:(N.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. 
 
 ]020 29:(X.S.)745. 
 
 1075 41:(X.S.)375. 
 
 1092 33:(N.S.)1023. 
 
 1918F, 811. 
 
 1107 39: (X.S.)1085. 
 
 1160 1918C. 78. 
 
 1208 48:(N.S.)373. 
 
 1218 19170,9. 
 
 1228 41 : (N.S.) 1119. 
 
 24 L.R.A.(N.S.) 
 
 103 25: (N.S.) 1297. 
 
 33:(N.S.)179. 
 
 1917C. 822. 
 
 153 38:(X.S.)459. 
 
 165 49:(X.S.)827. 
 
 173 1915D, 172. 
 
 1917D, 938. 
 
 201 34:(N.S.)767. 
 
 246 1917D, 892. 
 
 250 1917D, 892. 
 
 268 28:(X.S.)334. 
 
 1917D, 1020. 
 
 276 52:(N.S.)583. 
 
 279 40: (X.S.)1142. 
 
 432 48:(X.S.)204. 
 
 451 1918F,370. 
 
 458 51 : (X.S.)45. 
 
 475 1918C373. 
 
 485 r 1915A. 247. 
 
 490 51: (N.S.) 1069. 
 
 507 50: (X.S.)1171. 
 
 514 42:(X.S.)379. 
 
 557 25:(N.S.)40. 
 
 38: (N.S.) 487. 
 
 42i(X.S.)1178. 
 
 51:(X.S.)990. 
 
 564 47:(X.S.)1106. 
 
 577 48:(N.S.)615. 
 
 692 (717) 30:(N.S.)666. 
 
 788 1915F.992. 
 
 799 1918D.680. 
 
 913 19160,626. 
 
 933 40:(X.S.)473. 
 
 991 34:(X.S.)1137. 
 
 19] 50,839. 
 
 1918D. 1152. 
 
 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:(X.S.)261. 
 
 33 38: (X.S.)973. 
 
 1918E, 121. 
 
 40 38:(X.S.)487. 
 
 42: (N.S.) 1178. 
 51: (N.S.) 990. 
 
 50 30: (N.S.)694. 
 
 44:(N.S.)156. 
 1916F, 286. 
 
 132 1916B, 651. 
 
 180 52:(N.S.)943. 
 
 193 34:(N.S.)453. 
 
 19160, 263. 
 
 239 52:(N.S.)465. 
 
 1918F, 1005. 
 
 247 40:(N.S.)898. 
 
 257 1917B, 786. 
 
 343 1916F, 570. 
 
 376. 52: (N.S.)230. 
 
 382 42: (N.S.)870. 
 
 384 1917F, 270. 
 
 408 19160,1022. 
 
 446 48:(N.S.)308. 
 
 465 37 : (N.S.) 193. 
 
 1915A, 369. 
 
 529 51 : (N.S.)629. 
 
 542 42 : (N.S.)889. 
 
 574 1916B, 890. 
 
 596 1915B, 1121. 
 
 631 1917A. 707. 
 
 708 42:(N.S.)624. 
 
 1915F, 1082. 
 
 711 1915F, 1029. 
 
 734 35:(N.S.)699. 
 
 41: (N.S.) 307. 
 52: (N.S.) 801. 
 1915D, 628. 
 1916E, 1225. 
 
 758 45: (N.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: (N.S.)722. 
 
 980 50:(N.S.)465. 
 
 1027 42:(N.S.)209. 
 
 1040 33: (N.S.)336. 
 
 3211 1915D.1211. 
 
 1220 43: (N.S.)137. 
 
 1918E. 1039. 
 
 1226 31': (N.S.)455. 
 
 19150, 758. 
 
 1234 1915B, 780. 
 
 1285 1916A, 666. 
 
 1 297 33 : (N.S.) 179. 
 
 19170, 822. 
 1308 1915A.77. 
 
 26 L.R.A.(N.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: (N.S.) 893. 
 
 51:(N.S.)361. 
 
 1915F, 830.
 
 1446 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 26 L.RA.(N.S.) cont'd. 
 
 294 1915B, 756. 
 
 315 1915C,345. 
 
 382 33 : (X.S.)79. 
 
 37: (X.S.) 834. 
 
 47: (N.S.) 662. 
 
 1916A, 957. 
 394 1915D, 172. 
 
 1917D,938. 
 409.. 
 
 51:(N 
 1916F 
 
 437 36: (N 
 
 451 30: (N 
 
 41: (N 
 46:(X 
 
 466 1915A 
 
 483 1917D 
 
 502 1915E 
 
 575 34: (X 
 
 603 1916C, 
 
 747 1917B, 
 
 757 1917A 
 
 764 1916A 
 
 774 1916A 
 
 816 28: (N. 
 
 1917E 
 
 895 46: (N 
 
 1917B 
 
 928 (940) 34: (N 
 
 44:(X 
 
 953 1918D 
 
 973 (railroads) 1915A 
 
 993 34: (X 
 
 1916A 
 
 1004 1915E, 
 
 1013 30: (X. 
 
 1018 1917C, 
 
 1058 1918E, 
 
 1126 1916D, 
 
 1145 1917F, 
 
 1167 1915D, 
 
 1207 42: (X. 
 
 1916D, 
 
 113. 
 
 .S.)72. 
 .S.)990. 
 .S.)123. 
 .S.)148. 
 138. 
 690. 
 264. 
 S.)762. 
 902, 
 923, 
 929. 
 214. 
 450. 
 , 1054. 
 1055. 
 S.)825. 
 . 1055. 
 S.)759. 
 974. 
 S.)994. 
 S.)268. 
 ,1137. 
 ,129. 
 S.)105. 
 1218. 
 955. 
 S.)520. 
 142. 
 517. 
 1063. 
 393. 
 983. 
 S.)176. 
 826. 
 
 27 L.R.A.(N.S.) 
 
 1 1915A,444. 
 
 (92) 44:(N.S.)164. 
 
 128 31:(X.S.)338. 
 
 157 49 : (N.S. ) 600. 
 
 164 50: (N.S.)929. 
 
 168 37 : (N.S.)976. 
 
 49:(X.S.)415. 
 
 176 1915E,1163. 
 
 186 193 8C, 1008. 
 
 189 44 : (X.S.)485. 
 
 209 1918C, 970. 
 
 233 43: (N.S.)383. 
 
 255 35: (X.S.)549. 
 
 51: (X.S.) 1097. 
 
 273 1916F.389. 
 
 283 50: (X.S.)421. 
 
 300 1918A, 902. 
 
 308 1918C, 340. 
 
 333 51 : (X.S.)328. 
 
 357 51: (N.S.) 1009. 
 
 395 51 : (N.S.)522. 
 
 1917A, 1285. 
 
 425 1915E, 356. 
 
 446 1916F, 755. 
 
 461 1918D, 794. 
 
 27 L.R.A. (N.S.) cont'd. 
 
 478 45:(X.S.)473. 
 
 487 44:(X.S.)583. 
 
 1918C. 1168. 
 
 508 37:(X.S.)1196. 
 
 522 1915B. 247. 
 
 537 49:(X.S.)67. 
 
 573 1915A, 768. 
 
 620 1918C.438. 
 
 639 49:(X.S.)927. 
 
 674 1915D, 1086. 
 
 677 1916D, 196. 
 
 684 1915A, 91. 
 
 712 1916F, 1259. 
 
 764 37 : (X.S.) 724. 
 
 811 46: (X.S.) 1059. 
 
 843 1916A, 734. 
 
 864 1915B, 569. 
 
 910 39: (X.S.)437. 
 
 966 48:(X.S.)893. 
 
 972 48:(N.S.)834. 
 
 1009 1916A. 1006. 
 
 1032 52:(N.S.)919. 
 
 1097 34: (X.S.)613. 
 
 1117 39:(X.S.)72. 
 
 41:(X.S.)473. 
 46: (X.S.) 921. 
 
 1125 39:(X.S.)43. 
 
 1151 1917C, 245. 
 
 1158 1918B. 123. 
 
 1164 40:(X.S.)135. 
 
 1174 1918C, 134. 
 
 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:(X.S.)9. 
 
 200 51:(X.S.)309. 
 
 202 39: (X.S.) 1140. 
 
 227 1916A, 1213. 
 
 262 43:(X.S.)734. 
 
 293 44:(X.S.)257. 
 
 50: (N.S.) 819. 
 
 327 1915A. 200. 
 
 334 1917D. 1020. 
 
 426 1917 A. 679. 
 
 463 36: (X.S.U1.V2. 
 
 490 29:(X.S.)795. 
 
 41: (X.S.) 223. 
 
 495 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. 
 
 665 1915F,608. 
 
 673 1915C, 359. 
 
 675 1917B, 671. 
 
 680 43 : (X.S.)410. 
 
 753 43:(X.S.)355. 
 
 7.-)7 37: (X.S.) 1115.
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 1447 
 
 28 L.R.A.(N.S.) cont'd. 
 
 773 46:(N.S.)357. 
 
 1918F,317. 
 
 785 (825) 1917E, 1055. 
 
 1)34 19160,255. 
 
 959... 38:(N.S.)134. 
 
 985 1918A, 805. 
 
 992 1915D, 852. 
 
 1013 1915E, 682. 
 
 1918B, 795. 
 
 1045 41 : (N.S.)175. 
 
 1053 1915D, 142. 
 
 1093 1918C, 861. 
 
 1108 43:(N.8.)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. 
 
 15!) 44: (N.S.)478. 
 
 174 1916E, 1232. 
 
 180 43 : (N.S.) 1158. 
 
 1916A, 486. 
 
 190 1917B,782. 
 
 194 1916F, 506. 
 
 199 1915D, 243. 
 
 224 ; 1918B, 606. 
 
 240 52:(N.S.)266. 
 
 20 (milk) ...19170,247. 
 
 299 1916E, 1094. 
 
 325 1915B, 166. 
 
 334 1917C, 447. 
 
 351 44:(N.S.)395. 
 
 1918F, 1148. 
 
 428 19160,675. 
 
 472 39:(N.S.)324. 
 
 .-r.s 49:(N.S.)764. 
 
 577 41:(N.S.)462. 
 
 635 34:(N.S.)126. 
 
 1917B, 108. 
 
 652 1915E, 581. 
 
 <;<;:{ 1915D.547. 
 
 671 1916D,981. 
 
 70!) 47:(N.S.)173. 
 
 787 1917B,683. 
 
 795 41: (N.S.) 223. 
 
 S02 42:(N.S.)984. 
 
 808 19160,364. 
 
 823 38: (N.S.) 1127. 
 
 842 1915A, 67. 
 
 887 1915B, 884. 
 
 900 47:(N.S.)693. 
 
 924 46:(N.S.)702. 
 
 1179 42:(N.S.)320. 
 
 1195 19150, 1189. 
 
 1214 1915D,1077. 
 
 30 L.R.A. (N.S.) 
 
 1 46: (N.S.) 1096. 
 
 21 1918B,425. 
 
 40 1918B.639. 
 
 (50 1916B, 792. 
 
 122 1915B, 1149. 
 
 167 47: (N.S.) 1002. 
 
 19180, 1044. 
 
 211 50:(N.S.)252. 
 
 278 1918F, 110L 
 
 30 L.R.A. (N.S.) cont'd. 
 
 291 42:(X.S.)332. 
 
 319 43:(X.S.)97. 
 
 339 1916A, 468. 
 
 375 . ..1916E. 248. 
 
 404 '...1917E, 1029. 
 
 409 191515,685. 
 
 458 33:(N.S.)403. 
 
 1918B. 954. 
 
 462 1916D, 834. 
 
 465 1918B, 361. 
 
 481 39 : (N.S.) 122. 
 
 43: (N.S.) 1104. 
 
 19150, 1184. 
 
 483 1918F, 1053. 
 
 517 1918A. 80. 
 
 552 52: (N.S.)754. 
 
 580 41:(N.S.)1034. 
 
 637 52:(X.S.)889. 
 
 694 44:(N.S.)156. 
 
 1916F, 286. 
 783 43: (X.S.)911. 
 
 51:(N.S.)958. 
 800 40: (N.S.)832. 
 
 51:(N.S.)337. 
 
 1918D,1141. 
 
 829. 45: (N.S.)108. 
 
 833 48: (N.S.)619. 
 
 855 .' 1918B, 811. 
 
 914 1918F, 1082. 
 
 946 51:(N.S.)825. 
 
 957 49: (N.S.) 1123. 
 
 1917A, 433. 
 
 1918B, 383. 
 990 41: (X.S.)123. 
 
 46: (X.S.) 148. 
 
 1001 19170,97. 
 
 1084 51 : (X.S.) 1082. 
 
 1105 44: (X.S.)609. 
 
 1153 52: (X.S.)186. 
 
 1192 19150,155. 
 
 1207 48 : (X.S.)531. 
 
 31 L.R.A. (N.S.) 
 
 116 (117) 51: (N.S.) 1143. 
 
 132 50: (X.S.) 1040. 
 
 169 1918F, 1163. 
 
 176 33:(X.S.)996. 
 
 180 1915A.828. 
 
 278 1915D, 116. 
 
 301 40:(X.S.)263. 
 
 309 1918A. 756. 
 
 329 43:(X.S.)C3. 
 
 417 1916A. 762. 
 
 423 19170.626. 
 
 455 19150,758. 
 
 491 -. 1915D, 300. 
 
 517 19150,648. 
 
 543 47:(X.S.)710. 
 
 588 50 : (X.S.) 1182. 
 
 608 1918A, 829. 
 
 619 1916B. 1039. 
 
 625 1918B. 1133. 
 
 657 1918B. 1116. 
 
 667 1915D,962. 
 
 746 1918D, 1041. 
 
 783 34:(N.S.)737. 
 
 881 39:(X.S.)580. 
 
 1916C, 1269. 
 
 900 1915D, 792. 
 
 916 39:(X.S.)770. 
 
 945 34:(X.S.)565.
 
 1448 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 31 L.R.A.(N.S.) eont'd. 
 
 960 1915F, 866. 
 
 991 1915E, 311. 
 
 1118 1915B.486. 
 
 1137 , 50: (X.S.)566. 
 
 32 L.R.A.(N.S.) 
 
 51 1918B, 670. 
 
 62 42:(N.S.)1144. 
 
 52: (X.S.) 505. 
 72 48:(X.S.)420. 
 
 229 43: (X.S.)145. 
 
 240 48: (X.S.)1221. 
 
 284 1918B.489. 
 
 303 44:(N.S.)57. 
 
 1916F, 864. 
 
 306 1915D, 817. 
 
 313 19160,608. 
 
 355 1917F,774. 
 
 505 see 1918F, 941. 
 
 515 51: (X.S.)346. 
 
 526 52: (X.S.)791. 
 
 544 1918A, 415. 
 
 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. 
 
 1915F, 690. 
 
 740 1915E, 413. 
 
 748 1917E, 391. 
 
 772 1918B, 849. 
 
 785 1917F, 765. 
 
 792 51:(X.S.)778. 
 
 801 1918D, 709. 
 
 809 1915E, 1023. 
 
 841 1915A.564. 
 
 845 1915B, 189. 
 
 881 ;.48:(X.S.)974. 
 
 940 1917E, 861. 
 
 949 1918F, 587. 
 
 968 1915E, 766. 
 
 1034 1915F, 1009. 
 
 1046 38:(X.S.)982. 
 
 1173 52:(X.S.)241. 
 
 1181 1917F, 1085. 
 
 1186 41:(X.S.)407. 
 
 1201 1915E, 668. 
 
 1206 1918F, 555. 
 
 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 39: (X.S.)242. 
 
 19150,1169. 
 
 19180, 551. 
 
 179 19170,822. 
 
 196 47: (X.S.)932. 
 
 207 51:(X.S.)369. 
 
 230 45:(X.S.)228. 
 
 19160, 676. 
 
 236 1918D, 339. 
 
 291 1915D,621. 
 
 325 47:(X.S.)673. 
 
 386 1918A, 600. 
 
 401 19170, 252. 
 
 403 1918B, 954. 
 
 I 33 L.R.A.(N.S.) cont'd. 
 
 426 1915D, 1184. 
 
 513 (insurance) 47: (X.S.)294, 
 
 295. 
 
 523 19150.435. 
 
 592 50:(X.S.)991. 
 
 (602) 44: (X.S.)422. 
 
 632 1916A,474. 
 
 639 191 6B, 944. 
 
 646 42: (X.S.)1229. 
 
 49:(X.S.)472, 
 
 681 1918B. 662. 
 
 706 38:(X.S.)867. 
 
 738 49: (X.S.)132. 
 
 759 43:(X.S.)994. 
 
 773 1918E, 1033. 
 
 804 1916F,407. 
 
 883 1915A.521. 
 
 960 48:(X.S.)198. 
 
 969 50 : (X.S.) 195. 
 
 1917B, 15. 
 
 996 1918F, 1045. 
 
 1023 1918F, 811. 
 
 1042 1915D, 524. 
 
 34 L.R.A. (N.S.) 
 
 58 1915B,834. 
 
 105 1916A, 1218. 
 
 109 52: (X.S.)385. 
 
 1918A, 118. 
 
 118 1916B, 947. 
 
 126 1917B, 108. 
 
 211 1917A. 1016. 
 
 240 19180,1157. 
 
 261 38:(X.S.)40. 
 
 277 1915A, 580. 
 
 282 1918D, 1032. 
 
 299 1915E,320. 
 
 309 1917D, 657. 
 
 351 19150, 809. 
 
 445 52: (X.S.)1203. 
 
 454. .' 19160,263. 
 
 466 50: (X.S.) 1013. 
 
 469 1917E. 823. 
 
 495 1918F. 402. 
 
 506 52: (X.S.) 1038. 
 
 573 42: (X.S.)720. 
 
 650 (milk) 19170. 244. 
 
 758 : 1915E, 161. 
 
 773 19170,935. 
 
 790 1918A. 701. 
 
 798 48:(X.S.)917. 
 
 1916D, 1224. 
 
 1918E, 218. 
 
 818 1916A, 1273. 
 
 874 42: (X.S.)793. 
 
 924 43:(X.S.)131. 
 
 1918E,351. 
 
 940 1915E. 186. 
 
 977 19150, 649. 
 
 984 19150,649. 
 
 994 44: (X.S.)268. 
 
 998 1917A. 1220. 
 
 1036 44:(X.S.j299. 
 
 1080 1917F. 362. 
 
 1106 1915E,421. 
 
 1137 : 19150,839. 
 
 1918D. 1152. 
 
 35 L.R.A.(N.S.) 
 
 1 (64) 
 167.. 
 
 1915A, 899. 
 
 52:(X.S.)991.
 
 TABLE OF SUPPLEMENTED L.K.A. NOTES.* 
 
 1449 
 
 35 L.R.A.(N.S.) cont'd. 
 
 173 1916F.782. 
 
 100 48: (N.S.)903. 
 
 251 1916D, 143. 
 
 292 1917C, 1143. 
 
 385 1917D, 942. 
 
 3!)0 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: (N.S.)8&8. 
 
 51:(N.S.)361. 
 
 1915F, 830. 
 
 660 1918F, 1073. 
 
 699 41: (N.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. 
 
 1917A, 1260. 
 
 870 1917E,730. 
 
 879 1917D, 1027. 
 
 979 1916A, 660. 
 
 1046 1917A, 62. 
 
 1054 1915A, 789. 
 
 1066 38: (N.S.)420. 
 
 1079 40: (N.S.)1207. 
 
 1918B, 853. 
 
 1084 (1085) 1916C, 570. 
 
 1159 1917D,976. 
 
 1210 49 : (N.S.) 1108. 
 
 36 L.R.A.(N.S.) 
 
 33 42: (N.S.)643. 
 
 50 1915D, 884. 
 
 98 (99, 102) 1915C, 729. 
 
 .115 1917C, 63. 
 
 124 45: (N.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 191513,215. 
 
 547 1917C, 128. 
 
 673 (722) 40: (N.S.)254. 
 
 866 51 : (X.S.)1040. 
 
 887 1918E, 255. 
 
 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 19168,1183. 
 
 37 L.R.A. (N.S.) cont'd. 
 
 400 1917D, 821. 
 
 409 1915A, 715, 
 
 722. 
 440 52: (N.S.)949. 
 
 1915D, 322. 
 
 518 1916E, 767. 
 
 539 1915D, 1118. 
 
 560 1915E, 287. 
 
 1916F, 704. 
 
 618 19150,456. 
 
 724 49 : (N.S.)810. 
 
 1918F, 819. 
 
 754 52: (N.S.)1154. 
 
 834 47: (N.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.) 
 
 57 1918A, 898. 
 
 62 47: (N.S.) 1214. 
 
 1918D, 445. 
 
 72 42: (N.S.)1073. 
 
 1915F.698. 
 
 101 1915C, 877. 
 
 120 ' 1915A, 541. 
 
 146 1917F, 603. 
 
 161 1915B.87. 
 
 204 1915B, 1119. 
 
 258 1915B, 1202. 
 
 272 1915D, 911. 
 
 366 1918D, 731. 
 
 487 42: (N.S.)1178. 
 
 51: (N.S.) 990. 
 
 497 1916E, 445. 
 
 508 1915A, 1137. 
 
 559 1915C, 870. 
 
 (crim. con.) 46: (N.S.) 1084. 
 
 571 1915E, 152. 
 
 588 1916C.618. 
 
 714 1918B, 1056. 
 
 847 1917E,372. 
 
 891 51 : (N.S.)251. 
 
 913 52: (N.S.)207. 
 
 973 1918E, 121. 
 
 1139 44:(N.S.)420. 
 
 1195 1917F,597. 
 
 39 L.R.A.(N.S.) 
 
 72 41:(N.S.)473. 
 
 46:(N.S.)921. 
 122 43: (N.S.)1164. 
 
 1915C, 1184. 
 
 151 1916D, 154. 
 
 242 19150,1169. 
 
 19180, 551. 
 
 350 1915B, 1058. 
 
 370 1915D, 130. 
 
 374 1916B,974. 
 
 385 1917B.743. 
 
 402 19150,450. 
 
 411 43: (N.S.) 954. 
 
 580. 1916C, 1269. 
 
 649 1918C, 1188. 
 
 744 19170,1153. 
 
 747 19150,823. 
 
 847 1918A, 65. 
 
 868 1918A,1199.
 
 1450 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 39 L.R.A.(N.S.) cont'd. 
 
 878 1918D. 529. 
 
 901 19150,874. 
 
 933 48: (N.S.)424. 
 
 938 1918A. 1055. 
 
 988 19153,154. 
 
 1015 1917D, 586. 
 
 1032 1915A, 606. 
 
 1088 1915C, 328. 
 
 1107 19160,676. 
 
 1182 1915E, 618. 
 
 40 L.R.A.(N.S.) 
 
 94 1918D, 814. 
 
 133 1915C, 605. 
 
 177 1915E, 564. 
 
 360 1917D, 732. 
 
 457 44 : (N.S.) 113. 
 
 51:(X.S.)1164. 
 
 480 1915B,481. 
 
 488 1917B, 693. 
 
 498 (after notice of in- 
 tention to quit) 1915A,235. 
 
 553 1918D, 538. 
 
 561 1918D, 538. 
 
 585 1916D, 1276. 
 
 684 1918E, 917. 
 
 698 1918E,814. 
 
 798 45: (N.S.)120. 
 
 832 51 : (N.S.)337. 
 
 1918D, 1141. 
 
 893 51 : (N.S.)361. 
 
 1915F, 830. 
 935 (drains or sewers) . . 1915A, 129. 
 
 1095 1915F. 955. 
 
 1165 1916F, 86. 
 
 1207 1918B, 853. 
 
 41 L.R.A.(N.S.) 
 
 Ill 51:(X.S.)632. 
 
 1917A. 1260. 
 
 123 46:(N.S.)148. 
 
 132 1917A. 259. 
 
 307 52: (N.S.)801. 
 
 1915D, 628. 
 
 1916E, 1225. 
 
 419 1918D. 236. 
 
 473 46:(X.S.)921. 
 
 683 1916B. 827. 
 
 775 50:(X.S.)59. 
 
 191 6 F, 223. 
 
 1917F. 365. 
 
 1918F. 297. 
 
 799 1915B.621. 
 
 958 1916E, 280. 
 
 1009 1915C, 661. 
 
 1213 1917E, 1133. 
 
 42 L.R.A.(N.S.) 
 
 69 1915B,505. 
 
 102 1917B,926. 
 
 106 1917B.926. 
 
 176 1916D, 826. 
 
 267 1915F.973. 
 
 1917D. 756. 
 
 286 1917D,678. 
 
 546 1915A.654. 
 
 555 1918C, 1015. 
 
 624 1915F, 1082. 
 
 700 1918B. 998. 
 
 840 1917A, 1295. 
 
 862 (864) 1915F, 568. 
 
 865 1918F, 782. 
 
 42 L.R.A. (N.S.) cont'd. 
 
 876 48:(X.S.)S27. 
 
 915 1915E.460. 
 
 1041 1918D, 819. 
 
 1045 1918D, 974. 
 
 1070 1915F, 690 
 
 1101 191 r>A. l><)4. 
 
 1916E, 1173. 
 
 1123 44: (X.S.) 1030. 
 
 1915C, 981. 
 
 1144 52: (X.S.)505. 
 
 1155 1915E.794. 
 
 1172 1918F, 1030. 
 
 1178 51 : (X.S.)990. 
 
 1229 49: (X.S.)472. 
 
 43 L.R.A.(N.S.) 
 
 109 1916A. 717. 
 
 131 1918E, 351. 
 
 137 1918E, 1039. 
 
 162 1915F, 951. 
 
 187 1915F, 1125. 
 
 262 19170,236. 
 
 447 1916E,448. 
 
 725 1916F. 171. 
 
 730 1918E, 296. 
 
 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, 894. 
 
 1128 1918D, 187. 
 
 1158 1916A, 486. 
 
 1164 19150, 1184. 
 
 44 L.R.A.(N.S.) 
 
 57 1916F, 864. 
 
 70 (liability insurance) 51:(N.S.)584. 
 1915E, 580. 
 1917F, 615. 
 
 (theft) 51 : (N.S.) 584. 
 
 1915E, 579. 
 1917F, 543. 
 
 (accident) 51: (N.S.) 583. 
 
 1915E, 575. 
 
 (fire) 51:(N.S.)584. 
 
 1915E, 576. 
 
 113 51: (N.S.) 1164. 
 
 156 1916F, 286. 
 
 257 50: (N.S.)819. 
 
 358 (359) 19180. 239. 
 
 395 1918F, 1148. 
 
 481 1918E. 579. 
 
 583 1918C. 1168. 
 
 643 (648) 1918D, 274. 
 
 680 i . . 1916F. 890. 
 
 1030 19150,981. 
 
 1069 1915E, 336. 
 
 45 L.R.A.(N.S.) 
 
 228 19160. 676. 
 
 314 48: (X.8.)561. 
 
 382 1916B. 630. 
 
 391 1916F. 1246. 
 
 404 1918E. 924. 
 
 625 1917B. 334. 
 
 629 47 : (X.S.) 1167.
 
 ' TABLE OF SUPPLEMENTED L.R.A. NOTES. 
 
 1451 
 
 45 L.R.A.(N.S.) cont'd. 
 
 699 1918A, 918. 
 
 720 1918C, 873. 
 
 46 L.R.A. (N.S.) 
 
 2(50 1918A, 398. 
 
 308 1915D, 1095. 
 
 357 1918F,317. 
 
 517 1916D,1193. 
 
 552 1917D,632. 
 
 561 1918B,565. 
 
 759 1917B, 974. 
 
 862 1918F, 1018. 
 
 877 19180,380. 
 
 990 1917A,442. 
 
 1043 1916F, 215. 
 
 1049 50: (N.S.)489. 
 
 1091 1918D, 924. 
 
 1149 1918E, 937. 
 
 1183 1918E, 416. 
 
 47 L.R.A.(N.S.) 
 
 38 19150,47. 
 
 (55 track repairing) . 19150, 62. 
 1918E, 859. 
 
 662 1916A, 957. 
 
 730 1916F, 101. 
 
 1002 19180, 1044. 
 
 1087 1915D,684. 
 
 1918C, 220. 
 1214 1918D,445. 
 
 48 L.R.A. (N.S.) 
 
 65 1915D,1099. 
 
 213 19166,879. 
 
 <mt> 1918F, 510. 
 
 917 1916D, 1224. 
 
 1918E, 218. 
 987 19150,48. 
 
 49 L.R.A.(N.S.) 
 
 4:}S 1917F, 1060. 
 
 810 1918F, 819. 
 
 1123 1917A.433. 
 
 1918B, 383. 
 
 50 L.R.A. (N.S.) 
 
 59 1916F, 223. 
 
 1917F, 365. 
 
 1918F, 297. 
 
 195 1917B, 15. 
 
 227 1916D, 1102. 
 
 432 1917D,648. 
 
 510 1916D.211. 
 
 652 1916E, 759. 
 
 1917E. 1083. 
 
 808 1918B, 873. 
 
 841 1918F, 1049. 
 
 1100 1916E, 1193. 
 
 19180, 276. 
 
 51 L.R.A. (N.S.) 
 
 68 1916F, 113. 
 
 151 1918F, 169. 
 
 221 1918F.420. 
 
 337 1918D, 1141. 
 
 361 1915F,830. 
 
 465 1918F.383. 
 
 522 1917A, 1285. 
 
 51 L.R. A. (N.S.) cont'd. 
 
 583 (accident insurance) 1915E, 575. 
 
 (fire) 1915E,576. 
 
 (theft) 1915E, 579. 
 
 1917F, 543. 
 
 (liability) 1915E, 580. 
 
 1917F, 615. 
 
 632 1917A, 1260. 
 
 686 19170, 944. 
 
 1918F, 547. 
 
 772 1916B,762. 
 
 1040 1915E, 986. 
 
 1121 19170,363. 
 
 52 L.R.A. (N.S.) 
 
 142 1916B,1186. 
 
 385. 1918A, 118. 
 
 465 1918F, 1005. 
 
 574 1916D.832. 
 
 801 1915D, 628. 
 
 1916E, 1225. 
 949 1915D, 322. 
 
 L.R.A.1915A. 
 
 671 1918B.64. 
 
 694 1916E, 1173. 
 
 862 1917E, 1137. 
 
 L.R.A.1915B. 
 
 793 19170, 1032. 
 
 834 1916E, 716. 
 
 L.R.A.1915C. 
 
 47 (62) 1918E, 859. 
 
 839 1918D, 1152. 
 
 1169 19180, 551. 
 
 L.R.A.1915D. 
 
 172 1917D,938. 
 
 408 1917 A, 1202. 
 
 628 1916E, 1225. 
 
 684 19180,220. 
 
 691 1916E, 1295. 
 
 1917F, 384. 
 1021 1917D, 693. 
 
 L.R.A.1915E. 
 
 127 1916B, 1021. 
 
 287 1916F.704. 
 
 575 (theft insurance) . . . 1917F, 543. 
 
 (liability) 1917F,615. 
 
 682 1918B, 795. 
 
 800 1918F, 364. 
 
 L.R.A.1915F. 
 
 703 1917B,105. 
 
 840 1916B.1156. 
 
 1918B.912. 
 
 1918F, 475. 
 973 (976) 1917D, 756. 
 
 L.R.A.1916A. 
 
 23 1917D,80. 
 
 (29, 227) 1917D, 103. 
 
 1918F, 867. 
 (38. 43, 241 weather 
 
 conditions) 1917D, 108. 
 
 1917D, 129. 
 1918F, 938. 
 (38. 64. 231, 239, as- 
 sault) 1917D, 112. 
 
 1917D, 123. 
 1918E, 498.
 
 1452 
 
 TABLE OF SUPPLEMENTED L.R.A. NOTES. ' 
 
 L.R.A.1916A cont'd. 
 (40, 232) 
 
 (83, 244) 
 
 (96, 120, 247, casual 
 employment) 
 
 289. 
 
 303. 
 
 309. 
 
 314. 
 320. 
 331. 
 
 347. 
 351. 
 355. 
 360. 
 
 365. 
 370. 
 
 373. 
 387. 
 409. 
 443. 
 
 .1917D. 114. 
 
 1918F, 896. 
 .1917D, 135. 
 
 1918E, 556. 
 
 1917D, 147, 
 1917D, 151. 
 1918F, 215. 
 1917D,98. 
 1918F, 524. 
 1917D. 143. 
 1918F, 179. 
 1917D, 145. 
 1918F, 201. 
 1917D, 157. 
 1918F, 483. 
 1917D, 150. 
 1918F, 230. 
 1917D, 104, 
 1917D, 113, 
 1917D, 129. 
 1918F. 868, 
 1918F, 869, 
 1918F, 872. 
 1917D, 108, 
 1917D, 111. 
 1918F, 869. 
 1918F, 873. 
 1917D.112. 
 1917D, 123. 
 1918E,498. 
 1917D, 114. 
 1918F, 911. 
 1917D, 120. 
 1918F, 906. 
 1917D, 118. 
 1918F, 907. 
 1918F, 936. 
 1918F. 901. 
 1917D. 133. 
 1917D, 98. 
 1918F, 524. 
 1917D. 147. 
 1918F, 215. 
 1917D, 162. 
 1918F,491. 
 1917D. 175. 
 1917D, 174. 
 1917D, 51. 
 1917D, 83. 
 
 L.R.A.1916A cont'd. 
 
 461 1917D ; 85. 
 
 1918C, 450. 
 191 8C, 474. 
 L.R.A. 1916B. 
 
 1156 1918B. 912. 
 
 1918F. 475. 
 L.R.A.1916C. 
 
 227 1918A.231. 
 
 299 1917B. 1229. 
 
 1918B.455. 
 L.R.A.1916D. 
 
 1049 (1050, interstate) . .1918C.978. 
 1224 1918E. 218. 
 
 L.R.A.1916E. 
 
 640 1918E, 92. 
 
 759 1917E. 1083. 
 
 1193 1918C, 276. 
 
 1295 1917F, 384. 
 
 L.R.A.1916F. 
 
 223 1917F.365. 
 
 1918F. 297. 
 L.R.A.1917A. 
 
 280 1918E.361. 
 
 433 1918B. 383. 
 
 L.R.A.1917B. 
 
 1229 1918B,455. 
 
 L.R.A.1917C. 
 
 944 1918F. 547. 
 
 L.R.A.1917D. 
 
 80 (86) ...19180,450. 
 
 (88) 19180,474. 
 
 (98) 1918F,524. 
 
 (103) 1918F,867. 
 
 (108 weather) 1918F, 936. 
 
 (112 assault) 1918E, 498. 
 
 (114) 1918F,896. 
 
 (135) 1918E, 556. 
 
 (143) 1918F,179. 
 
 (145) 1918F,201. 
 
 (147, 151, casual em- 
 ployment) 1918F, 215. 
 
 (150) 1918F, 230. 
 
 (157) 1918F. 483 
 
 L.R.A.1917F. 
 
 365 1918F. 297. 
 
 L.R.A.1918B. 
 
 189 1918E, 809. 
 
 327 1918F,958. 
 
 912 1918F, 475.
 
 (SEE RED PAGES I