ATTORNEY AND CLIENT,
privilege of professional secrecy extends to infor-
mation obtained from documents submitted for
his inspection or custody, 122.

knowledge by attorney of a criminal intent on part
of client is not privileged, 122.
BAILMENT,

liability of innkeeper for loss of guest's baggage
after he has paid his bill and left the hotel, 86.
right of innocent purchaser for value of personal
property from a vendor who obtains possession
by fraud, 433, 434.

BANKRUPTCY,

national bankruptcy legislation, 443.

BANKS AND BANKING,

where the payee of a bank check has it certified by
the bank he thereby releases the drawer from
liability thereon, 22.

construction of statute of limitations as to checks,

62.

prompt presentation of checks, 81.

liability of banks in the payment of checks forged
by the agent of depositor, 181.

liability of sureties on bond of bank clerk for money
fraudulently taken while acting as cashier, 184.
liability of bank in the collection of draft at a dis-
tant point for loss occasioned by the insolvency
of its correspondent, 257, 266.

power of bank to hold excess of collaterals, pledged
as security, for bills accepted by a firm of which
the borrower was a member, 316.

usury in the sale of commercial paper, 443.
banking law of Kansas, 483.

CARRIERS OF GOODS,

landslide in a railway cut is not an occurence with-
in the term "act of God," 2.

validity of stipulation limiting liability, where value
of shipment not given, 163.
CARRIERS OF PASSENGERS,

contract on ticket exempting steamship company
from liability for loss of baggage, being valid in
England will be enforced here, though would be
void if made here, 101.

relative duties and responsibilities of carriers and
passengers where the latter through mistake or
otherwise has not the required ticket, 205.
where conductor of train returns to the passenger
the wrong end of a ticket and he is thereafter
ejected thereby, the carrier is liable, 207.

liability of, for injuries to passenger alighting from
train, 354.

CENTRAL LAW JOURNAL,

correction of error in, 461.

CERTIFICATE OF DEPOSIT. See NEGOTIABLE INSTRU-
MENT.

CHATTEL MORTGAGE,

validity of coal mining laws in, 237.
CONDITIONAL SALE,

of chattels in one State where removed to another
and sold to bona fide purchaser, 106.
CONDONATION. See DIVORCE.
CONFLICT OF LAWS,

rate of interest legal in the borrower's State
is valid, though the rate was usurious in the State
of the lender, 29.

giving effect to rights which parties have acquired
in other States or jurisdictions, 31.
steamship ticket limiting liability issued and valid
in England, will be enforced here though would
be void under the law if issued here, 101.
effect of removal of chattel transferred under con-
ditional sale, to another State and sale there to
bona fide purchaser, 106.

in suit for negligence in collection of commer-
cial paper in another State, 266.

in action by payee against indorsee of notes, where
indorsement made in another State the lex loci
contractus must govern, 279.

right of insurance company to plead in abatement
of suit in one State garnishment of claim in
another, 466.

CONFLICT OF LAWS-Continued.

validity and effect, in one of the States, of a decree
of divorce by the tribunals of another, 467.
CONSTITUTIONAL LAW,

relation of police power of the States to the com.
merce power of the nation, 41.
statute requiring prisoners to be resentenced where
by reason of irregularities subsequent to verdict,
the judgment is reversed is not unconstitutional
as putting defendant twice in jeopardy, 141.
adoption of new constitution in Kentucky, 141.
statute prohibiting "gift enterprises" is invalid, 170.
invalidity of State enactment forbidding the running
of trains on Sunday as an interference with in.
terstate commerce, 181.

validity of State regulations of commerce, 207.
constitutionality of coal mining laws, 237.
constitutionality of natural gas legislation, 257.
interpretation of term "due process of law" in
fourteenth amendment to the federal constitu-
tion, 333.

validity of State taxation of telegraph companies,
356.

validity of State taxation of express companies, 356.
power of State legislatures in the control and regu
lation of private property, 407.

how far law passed abrogating grand jury is ex post
facto as to offenses committed prior to its pas-
sage, 425.

CONTRACT,

for sale of land, general incidents of, 167.

illegal contract cannot be specifically enforced, 123.
agreement to arbitrate as condition precedent to
maintaining suit, 168.

in restraint of trade, when injunction will lle, 225.
to retain the location of a post office at a given
point is against public policy and void, 238.

to deliver lumber at a future date, measure of
damages for breach of, 258.

validity of subscription to church made on Sunday,
277.

validity of, for delivery of commodity in the future,
373.

validity of contract not to sell goods to plaintiff's
customers as in restraint of trade, 391.

of employment as within the statute of frauds, 410.
testamentary covenant that covenantor's executors
shall after her death pay the covenantee a certain
sum, is valid, 444.

for pledge of chattels, right of pledgee to maintain
replevin, 465.

CONTRIBUTORY NEGLIGENCE.

COOLEY, THOMAS M.,

See NEGLIGENCE.

resignation of, as member of interstate commerce
commission, 293.

CORPORATION. See also STOCK AND STOCKHOLDERS.
not ultra vires for corporation with consent of its
stockholders to sell all its property to another
corporation and take stock of the latter in pay.
ment, 82.

illegal combination of stockholders to vote stock by
proxy, void as against public policy, 85.
whether corporation de facto but not de jure may be
treated as a partnership, 102.

effect of failure of promoters of, to comply with the
statutory requirements of organization, 102.
liability of stockholder to action in foreign State,
183.

liability of, for fraudulent issue of stock by officer,
247.

a corporation catechism, 270.

power of, to give away its capital stock, 284.
action against officers of, for deceit in official state-
ment required by statute, whereby plaintiff is
induced to take its notes, 357.

situs of taxation of corporations and of corporate
shares, 429, 445.

directors responsible for dividends paid out of cap.
ital stock, 453.

CORRESPONDENCE,

Nebraska divorce law, 229, 248.

the new rules of the Missouri Supreme Court, 304.
transcripts on appeal, 344.

COUNTIES,

subject to garnishment for debts owed by it to one
of its officers, 166.

COURTS. See TRIAL.

the judges of the new circuit court of appeals in
gowns, 21.

an ignoramus judge in Kansas, 101.
retirement of judges, 161.

COVENANT,

that covenantor's executors will after her death pay
covenantee a certain sum is valid, 444.

CRIMINAL LAW AND PROCEDURE. See also CRIM-
INAL TRIAL.

the crime of robbery, 4.

delay in the execution of criminal justice, 61.
information charging in one count that defendant
stole an article belonging to one man and an arti
cle belonging to another without alleging that the
two articles were stolen at the same time and by
the same act is bad for duplicity, 64.
statute requiring prisoners to be resentenced, on
account of irregularity, is not unconstitutional as
putting defendant twice in jeopardy, 141.

right of one to defend himself in his own house does
not extend to his lands outside the curtilage, 204.
express and implied malice in the law of homicide,
239.

a convict who escapes from the penitentiary and
commits a grand larceny may be convicted and
sentenced therefor before he has served out his
first sentence, 240.

of abuses in the pardoning of criminals, 313.
how far intoxication is an excuse for crime, 337.
jurisdiction of perjury committed in State court
while sitting temporarily in room under exclusive
jurisdiction of federal government, 343.

what constitutes the crime of bigamy, 394, 412.
sufficiency of indictment charging fraudulent
voting, 409.

law passed abrogating grand jury is not ex post facto
and therefore invalid as to offenses committed
prior to its passage, 425.

CRIMINAL LIBEL,

libelous to send through the mail an envelope hav-
ing endorsed thereon in large letters "Bad Debt
Collecting Agency," 186.

having employed the agency with knowledge of its
methods the accused is responsible for the acts of
the agency, 186.

CRIMINAL TRIAL,

use of liquor by jury, how far vitiates verdict, 313.
whether misconduct of fury in going out of the ju.
risdiction pending trial in capital case will vitiate
the verdict, 313.

DECEIT,

action for, by inducing one to join the society of
"Faithists," 353.

action for fraudulently inducing plaintiff to take
the notes of a corporation by false representation
of its officers in official statement not intended for
the public, 357.

DEED,

grant of room in building, effect of destruction by
fire as an extinguishment of the easement, 234.
marriage as a consideration for, 262.
remaining in possession of the grantor, to take effect
after his death, is void for want of a delivery du-
ring his life-time, 286.

DEFINITION,

of marriage, 394.

DELIVERY,

of deed after death of grantor, effect of, 286.

DESCENT AND DISTRIBUTION,

statutory rights of inheritance of illegitimate chil-
dren, 375.

whether railroad pass issued to "family" survives
to descendants, 408.

DIGEST OF CURRENT OPINIONS,

13, 33, 54, 74, 94, 114, 134, 154, 174, 193, 214, 230, 250, 271,
288, 306, 326, 346, 367, 385, 402, 420, 436, 454, 472.

DIRECTORS,

of corporations responsible for dividends paid out
of capital stock, 453.

DISCOVERY,

necessity for, sufficient to give jurisdiction to court
of equity, 146.

DIVORCE,

effect of, upon homestead in land held by husband
and wife by entireties, 23.

condonation by wife of the offense of adultery by
having sexual intercourse with husband after
knowledge thereof, 91, 93.

rule that pardon of offense may be implied by
sexual intercourse not so vigorously enforced
against the wife as against the husband, 9,93.
what constitutes matrimonial condonation of of.
fense, 91, 93.

law of, in South Dakota, 161.
law of, in Nebraska, 161.

validity of divorce obtained in another jurisdiction,
221, 229, 248.

the fact that husband suspects his wife and watches
her in order to obtain proof of her infidelity is not
sufficient to charge him with connivance, 261.
statistics as to, in the United States, 373.
legitimating children under statute providing for,

EQUITY-Continued.

to cease treating equity as an independent sub-
ject, 339.

jurisdiction of, in obtaining probate of will, 355.
statute of limitations in suit in, 389.

will not enforce specific performance of contract
for personal service, 423.

EVIDENCE. See also EXPERT TESTIMONY.

widow born in foreign country and never natural-
ized, in order to prove citizenship by marriage
must produce record evidence of ber husband's
naturalization, 87.

presumption of delivery of letters mailed, 101.
when proof of foreign law has been given from gov.
ernmental publication the presumption is that
such law is still in force, 145.

of after precautions taken by defendant, admissi-
bility in negligence cases, 201.
dog evidence, 305.

power of court to compel physical examination of
plaintiff to be used as, 362, 365.

admissible in mitigation of damages in slander
suits, 379.

EXAMINATION,

physical examination of plaintiff in damage suit.
362.

EXECUTION,

insurance money collected for the destruction of
articles exempt, is itself exempt, 393.

EXEMPTION,

Insurance money on exempt articles is itself ex-
empt, 393.

action for damages in assigning claim to non-resi.
dent for the purpose of garnishment and defeat-
ing exemption law, 461.

EXPERT TESTIMONY,

admissible in action by unmarried woman for in-
juries, that same would render child bearing
perilous to life, 318.

EXPRESS COMPANY,

validity of State tax upon, 356.

FALSE PRETENSES,

a curious case of, 305.

FALSE REPRESENTATION. See DECEIT.
"FAMILY,"

construction of the term in railroad pass, 408.
FEDERAL COURTS. See also REMOVAL OF CAUSES.
organization of the new circuit courts of appeals, 1.
whether the judges of the new courts of appeals
should appear in gowns, 21.

need of a revision of the United States statutes, 81.
power to review decisions of State court upon
habeas corpus, 333.

jurisdiction of crime of perjury committed in State
court while sitting in federal court room, 342.
power of, to compel physical examination of party
to the suit, 362.

whether sult by receiver in, is subject to review by
United States Supreme Court, 444.

FIELD, DAVID DUDLEY,

awarding of medal to, by the American Bar Asso-
ciation, 423.

FOREIGN LAW,

proof and presumption as to existence of, 145.
FRAUDS, STATUTE OF,

contract of employment from month to month for a
series of years, within the, 410.

FRAUDULENT CONVEYANCE,

marriage as a consideration for conveyance of land
from insolvent father to his daughter, 262.

FUTURES,

validity of contract of gambling in, 373.
GAMBLING,

In futures, validity of contract, 373.
GARNISHMENT. See ATTACHMENT.
of money in hands of sheriff, 111.

Lord Justice General of Scotland, death of, 277.
INJUNCTION,

power of telephone company to enjoin electric rail-
way company from so using its system as to injure
use of telephones, 61.

will not lie at suit of abutting land owner against
street railway unlawfully using the highway,69, 71.
when will lie to enforce contract in restraint of
trade, 224.

by telephone company against electric railway com-
pany causing damage to telephones by electric
wires, 411.

will lie by store keeper to restrain nuisance caused
by obstructing the sidewalk in front of his prem.
ises, 427.

INN KEEPER,

liability of, for loss of guest's baggage after guest
has paid his bill and left the hotel, 86.

INSANITY,

collateral attack of judgment by confession under
power of attorney given by lunatic, 82.

INSURANCE,

how far possession of leased property under a con-
tract to purchase same violates condition of policy
that same shall become void if any change takes
place in title or possession, 397, 401.

effect of failure to comply with provision of policy
requiring employment of watchman in and about
the premises, 166.

as a trade within meaning of anti-trust laws, 277.
the term "wholly destroyed" as applied and used in
policies of fire insurance, 319.

insurance money on exempt articles is itself ex-
empt, 393.

State enactment forbidding the running of trains on
Sunday as an interference with, 181.
validity of State regulation of commerce, 207.
Indiana natural gas statute, as an interference with,
257.

taxation of express and telegraph companies as an
interference with, 356.

INTERSTATE COMMERCE ACT,

removal of causes brought under the, 238.

INTERSTATE COMMERCE COMMISSION,

resignation of Thos. M. Cooley as a member of,
293.

INTOXICATING LIQUORS,

use of, by jury in criminal trial, 313.
INTOXICATION,

how far an excuse for crime, 337.
JETSAM AND FLOTSAM,

12, 72, 248, 270, 305, 345, 366.
JOINT DEBTOR ACTS,
jurisdiction under, 223.

JOINT TORT FEASOR,

how far the release of one discharges the liability of
the other, 52.

JUDGMENT,

effect of release and discharge of one defendant, in
action against two upon the judgment against
the other, 50.

assignment of judgment against defendant gives
the assignee no power to release the other, 50.
by confession under power of attorney given luna-
tic, collateral attack of, 82.

power of court of equity to give relief against, 127.
relief against foreign judgments, 127.

how far denial of motion for new trial constitutes
res adjudicata, 127.

jurisdiction under joint debtor acts, 223.

power of court of equity to give relief against a,

278.

power of the court to amend the, 358.

JUDICIAL SALE,

collateral attack of, on execution of judgment by
confession under power of attorney given by lu-
natic, 82.

JURISDICTION,

of crime of perjury committed in State court while
sitting temporarily in room under exclusive juris-
diction of federal government, 342.

JURY,

disqualification of juror for defective eyesight, 293.
misconduct of, in criminal trial, 313.
proof of misconduct of, 366.

JUSTICE OF THE PEACE,

autobiography of a, 461.