ATTORNEY-AT-LAW. See BILLS AND NOTES, CHAMPERTY AND MAINTENANCE, CONTRACTS. BANKS. LIQUIDATING NATIONAL BANK: BILLS AND NOTES. Of draft, not yet signed by drawer, is liable to an indorsee for value. 188. COMMISSIONS. Stipulation in note to pay "costs of collecting the same, including attorney's commissions," is valid. 189. LEX LOCI. Determines the validity of a note given in pursuance of a wagering transaction. 188. NOTICE OF PROTEST. What is sufficient. 188. CHAMPERTY AND MAINTENANCE. CONTINGENT FEE. For prosecution of Alabama Claim, is not illegal. 189. CHARITY. CHARITABLE GIFT. Where bequests are contrary to pub- SENTIMENT OF COMMUNITY. Is an important factor in determining what is, or is not, a charity. 185. SLAVES. Prior to abolition of slavery, bequests for the purpose of emancipating slaves, were not sustained in the slave States. 185, 187. But otherwise in the rest of the country. 185. WHAT IS. Bequest of fund to perpetuate useful library, even if composed of a certain class of books, provided they will enlighten and improve mankind. 170. WHAT IS NOT. Bequest for distribution of books, in which the author describes as robbery, the system by which landowners hold title to their lands. 170. Bequest of fund to Sunday school, the income to be applied to making Christmas presents to scholars. 185. In England, a gift to maintain a minister is not good. 186. Nor for catechising. 186. Nor to teach dancing or fencing. 186. 186. Nor for bringing up children in the Roman Catholic faith. 186. Nor to teach natural theology. 186. Nor to teach the Jewish religion. 186. Nor to re-establish the supremacy of the Pope. 186. Nor for the political restoration of the Jews to Jerusalem. 186. Nor to buy and distribute such books as might have a tendency to promote virtue, religion and the happiness of mankind. 186. Nor to repair tombs. 186. Nor to undertakings of general utility. 186. Nor to ten poor clergymen, to be selected by trustee. 186. Nor for the discharge of poachers, committed to prison for non-payment of fines. 187. Bequest to diffuse more generally the blessings of education, civilization and Christianity throughout the U.S. and elsewhere, is void, 187. CHATTEL MORTGAGE. CROP. May be mortgaged before planted. CONSTITUTIONAL LAW. Distinction between citizenship of the State and the United States. 130. FOURTEENTH AMENDMENT. Prohibition by State of manufacture and sale of intoxicating drinks does not contravene. 129. Nor prohibition of manufacture and sale of oleomargarine. 129. Marks the culmination of the struggle for supremacy of Nation over State. 133. LIMITATIONS ON STATES. Tendency of Supreme Court of U. S. considered. 131. In the formative period of the Nation's development, this tendency was centripetal. 131. And, since the war and the adoption of the amendments, the National principle has been maintained and extended. 133. But the tendency is now centrifugal. 134. STATE SOVEREIGNTY. To what extent States may legislate, as governments, concerning their own internal affairs. 130. Where private property is devoted to a public use, it is subject to State regulation in respect to the charges for such use, imposed on the public. 131. Sovereignty of State within Nation, as recognized by the Supreme Court of the U. S., is the true State Sovereignty of the Constitution 140. Killed by lightning, while pasturing, are not covered by a policy insuring a barn and its contents, but excepting loss occurring to property, while removed from such barn. 189. PROOF OF Loss. Notary's certificate of amount of loss is not conclusive upon the assured. 189. HUSBAND AND WIFE. See SLANDER. MARRIAGE CONTRACT Stipulating that furniture, &c., in use LANDLORD AND TENANT. Is not an alienation. 190. For 99 years, is personalty. 190. Knowledge by assistant superinten- Refusal to furnish blanks for proof of death, on the ground that the policy was forfeited, is a waiver of such proof. 190. WAR PERIOD. In Alabama, to be deducted from calculation of statutory bar, but not from time necessary to raise presumption of payment. 191. LIQUOR LAWS. See CONSTITUTIONAL LAW. LOCAL OPTION LAW. Validity of election adopting, cannot be questioned in a prosecution for its violation. 191. SELLING FROM WAGON ON HIGHWAY. Does not violate statute prohibiting unlicensed sale of liquor, to be drank in seller's "house, out-house, yard, garden, or the appurtenances." 191. SBRVANT. Who, in the absence of proprietor, makes sales and assumes control of saloon, may be convicted of keeping such saloon. 191. MASTER AND SERVANT. See RAILROADS. SUNDAY LAWS. FELLOW-SERVANT. NEGLIGENCE. DAY LAWS. See RAILROADS, SUN Will not be granted, where a special PUBLIC OFFICERS. Is liable for failure to record plead- RAILROADS. See SUNDAY LAWS. Railroad is responsible for injury to brakeman, through a defect in a carcoupling which is not obvious. 148. PASSENGER. Disorderly passenger, or one using profane, obscene or vulgar language, may be forcibly ejected from train. 192. SLANDER. PUBLICATION. Communication by husband to wife STATUTE OF FRAUDS. What is sufficient to comply with the SUNDAY LAWS. Recovery may be had for injury in- Also for injury caused by negligently alarming horse. 166. Also for injury inflicted upon horse by one who has hired him from a liv. eryman for Sunday driving. 166. Otherwise in Maine and Rhode Island. 168. another, is not estopped from recovery. 165. Except in Massachusetts. 165. RAILROAD EMPLOYE. Brakeman, engaged in common labor on freight train, in pursuance of a general contract with a railroad, and injured by the latter's negligence, may recover for such injury, notwithstanding the fact that it was sustained upon Sunday. 148. TRAVELLING. See CARRIERS. One sustaining an injury from a defect in the highway, while travelling on Sunday, cannot recover in Massachusetts. 158. Unless travelling for purposes of ne- Rule the same in Vermont. 160. This rule has not been followed in Nor by the Supreme Court of the TELEPHONES. REGULATION. Of charge for rental, is constitutional. 141. REPEAL OF STATUTE. Indiana. 141. Mississippi. 143, 144, 145, 146, 147. ASSIGNMENT. Of business, with debts and plant, includes trade-marks used in such business. 192. WASTE. Taking from soil and manufacturing into bricks, to be sold, is waste. 192. WILLS. FAMILY. When a bequest is conditioned upon the legatee's not marrying into the "family" of a person named, marriage with one of the children of such person is meant. 192. INCOME OF FUND. Gift of, passes fund itself. 192. TITLES OF SOME OF THE LEADING ARTICLES which have been published in the American Law Register. Actions for Breach of Promise of Marriage. Agent of Known Principal, Liability of. Adverse Possession, Title by. Ambiguities in Written Instruments. Assumption of Encumbrances by the Purchaser of Land. Actions for Criminal Conversation. Agent, Acts after Death of his Principal. Action for the Malicious Prosecution of a Civil Suit. Assignments of Future Acquisitions. Authority of Counsel to Settle Causes. Adultery, Condonation of. Allowances for Maintenance and Education. Actions, Survival of. Administrator with Will Annexed, Power of over his Testator's Real Estate. Alimony, Right to, after Divorce. Assignment of Life Insurance Policies. Actions by and against Receivers. Accuracy of the Measurement of Blood Corpuscles in Criminal Cases. Actions, Successive or Single Action for Prospective Damages to Realty. Assignor, Diligence Required to Hold, etc. Advances to be Secured by Mortgage. Blood, Microscopical Examination of, in its relation to Criminal Trials. Bond Cases, Construction of Statutory Powers in, in Supreme Court of the United States. Bonds, Railroad Aid, in the Supreme Court of the United States. Taxation of. Blood, Expert Testimony and the Microscopic Examination of. Bonds and Mortgages, Income. Brokers, Right of Real Estate and Loan, to Commissions. Bills and Notes, Partnership. Criminal False Pretenses, What are they? Checks Assimilated to Bills of Exchange and Entitled to Days of Grace. Citizenship by Naturalization. Cemetery Lots, Property in. Church Pews, Property in. Corporations, Liability of Quasi and Municipal, and their Officers, for Negligent Acts. Contempt of Court. Contributory Negligence by Persons with Defective Senses. Common Carriers, Express Companies as. Co-Tenants, Receivers for. Common Law, Adoption of, by the American Colonies. Contracts to Transfer Stock, Specific Enforcement of. Carriers of Live Stock, Liability of. Contracts for the Benefit of Third Persons. Crime, Drunkenness as an Excuse for. Contracts by Telegraph. Contracts in Restraint of Trade, Validity of. Corporations, Rights and Liabilities of. Conveyances, Validity, of Bona Fide, Voluntary by Solvent Debtors, as against Prior Creditors. Contracts, Legislation Impairing the Obligation of. Color of Title. Commercial Agencies, what Publications of, are Privileged. Congressmen, Privilege from Arrest and Service of Civil Process. Contempt of Court, in Reference to Violation of Injunction. Contracts, Interpretation and Construction of. Of Bailment, and of Sale and Exchange. Covenants for Title, Running with the Land. Damages in Actions for Negligence, Rule of. Deceased Persons, Declarations of, as Evidence. Drunkenness as an Extenuation in Cases of Murder. Divorces, Foreign, including those obtained in a different State of the Union. Doctrine of Notice to Principal, from Previous Knowledge of Agent. Damages, Exemplary. Domicile, Law of, in Connection with the Right of Succession to both Personal and Real Estate. Discrimination in Railway Facilities. Eminent Domain in the National Government, Right and Power of. Evidence, Laws of, and the Scientific Investigation of Handwriting. Expert Testimony. Scientific Testimony in the Examination of Written Documents, illustrated by the Whittaker Case, etc. Employees as Fiduciaries of their Employers. Freehold Qualifications of Jurors. Fellow Servants. Ferry Rights of Riparian Proprietors. Future Advances, Mortgages to Secure. Good Will, in Partnerships. Garnishment. Guarantor, Diligence Required to Hold a. Husband and Wife, Possession by. Husband and Wife, The Competency of, as Witnesses. Insurer, Subrogation to the Interest of the Mortgagee. Insurance, Railway. Imminent Peril, Negligence in. Insanity, Burden of Proof in Cases of. Insurance Companies, Liability in Cases of Suicide. Judgments, Voidable and Void. Judgments against Debtors who are Residents or Property-holders in another State or within the British Dominions, Remedies for the collection of. Lateral and Subjacent Support. Law of Slander as applicable to Physicians. Legal Effect of Sunday. Lien, Mechanics', on Personal Property. Liabilities of Telegraph Companies for Fraud, Accident, and Mistakes in the Transmission and Delivery of Messages. Law of Judicial Notice. Market Stalls, Property in. Married Women Traders. Naturalization, Citizenship by. Non-navigable Waters, Riparian and other Rights in. Noise and Vibration as Elements of Nuisance. National Banks, Lien on Stock of. Taxation of Shares of. Shares held by Non-residents, Taxation of. Power of Courts to let to Bail. Parent and Child, Rights and Liabilities of. Passenger Traffic on Railroads. Photographs, Legal Relations of. Preferred Stock. Partners, Power of to Withdraw at Will from Partnerships entered into for a Definite Period. Principal and Agent, Responsibility of Principals for Malicious Torts of Agents. Requisites of a Valid Tender. Remedies of Illegal Taxation. Responsibilities and Duties of Express Companies as Common Carriers. Sales and Titles under Deeds of Trust. Street Railways in relation to Highways. Subterranean Waters, Rights in. Sunday Contracts, when Void and when Binding. Sales of Personal Property in the United States and Canada, Warranties Implied in. Subscriptions. Trade-Marks. Telegraphs and Telegrams. Title, an Abstract of. Ultra Vires. Warranties in Sales of Personal Property in the United States and Canada, Express and Implied. Windmills, Prescriptive Right of Owner of, to Use of Uninterrupted Current of Air. |