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INDEX-DIGEST

References in heavy-faced type are to Notes; in plain type to Rocent Cases; and

in italicized type to Articles.

ACCRETION.

benefits received under contract

Accretion to a servient tenement under made by unauthorized agent.

same restriction as the tenement

89 Principal's liability to third per-

sons in tort: Liability of prin-

Right to discontinue action for an-

cipal for felonious assault of

nulment of marriage.

Rights of child under unexecuted Principal's rights against agent:
contract of adoption.

642 Injunction of use of list of cus-

ADMINISTRATIVE LAW.

tomers by agent.

Scope of the subject of administrative ALIENS.

law in the United States.

Naturalization of aliens: Filipinos:

430-448 Eligibility to naturalization under

The “three powers”: impossibility federal law.

of separating them in administra- ALIMONY.

436-444 See under Divorce.

APPEAL AND ERROR.

Jurisdiction: Condemnation of goods Determination and disposition of

insured against war risk as enemy cause: Refusal to reverse after

lower court sustained defendant's

How far international law limits the

demurrer when only nominal
law administered in prize courts.

damages could be recovered. 80

66, 86
Jurisdiction of a court of neutral APPOINTMENT, POWER OF.

See Powers.
country to decree restriction of
prize made in breach of that ARMY AND NAVY.

country's neutrality: 161, 182 Right of parent to procure discharge

Power of state court to decree the sale of minor after wrongful enlist-

ASSAULT AND BATTERY.

ADVERSE POSSESSIONS.

Civil liability: Liability of master
Continuity of adverse possessions:

for felonious assault of servant.

Adverse possession in contempt

Power of a special administrative body

of indemnity, see

to exclude from its field of opera-

Choses in Action.

tions the ordinary governmental

Of mortgagor's power of sale, see

445-447

Of shares of stock, see Transfer of

See also Pleading; Master and Servant.

Creation of agency: Whether an

interpreter acts as an agent.

See Voluntary Associations.

Principal's liability to third per- ATTACHMENT.

sons in contract: Quasi-con What property may be attachod:

tractual liability of principal for Whether attachment of saving's

a

References in heavy-faced type are to NOTES; in plain type to RECENT CASES; and in italicized type

bank account covers subsequent hands enforced out of funds

realized thereby.

ATTORNEYS.

Relation between attorney and
Duty to the court: Duty to disclose

client: Action by attorney for
truth in a criminal case. 642

breach of contract by client's dis-
Privileges attached to the office: charging without cause. 183

Lien on document in attorney's |

BILLS AND NOTES.

Administration: Right of stock Defenses: Application of French

holders of bankrupt building as moratorium to a bill payable in
sociation to vote for trustee. 285 another country:

390

Bankruptcy Act of 1898 and Failure of consideration in tem-

porary loss of collateral.

Delivery: Delivery under contem-

poraneous parol condition as

conditional delivery or delivery

619, 644 in escrow.

Discharge of Indorsers: Discharge

644 by extension agreement with third

Discharge: Debts not affected:

broker's conversion of stock. 643

Negotiable Instruments Law:

Debts not affected: right of reim-

bursement of one induced by

Whether doctrines of suretyship as

false representations to become

applied to negotiable paper are

Fraudulent Conveyancos: Right of

adopted by the law.

stockholder under so-called con-

Overdue paper: rights of donee after

ditional sale of stock to surrender

maturity of a note voidable for

stock and become a creditor.

Purchaser for value without no-

Preference: Bankrupt pledgee's re-

tice: Right of payee of a stolen

demption of stock" from sub-

certified check who has given

pledgee and return to pledgor.

Whether incidents of suretyship

Judgment, levy, and sale by cred-

attach to a negotiable instrument.
itor.
619, 644

141-158

Property passing to trustee: 'Life BILLS OF LADING.

insurance policies: in general.

Construction of “Restraint of Princes”

Provable claims: Tort claims where

claimant might elect to sue in BILLS OF PEACE.

644 Restraining suits against the vendees

BANKS AND BANKING.

of a patent infringer pending the
See also Bills and Notes.

original suit against the infringer

Deposits: Attachment of saving's

bank account held to cover future BROKERS.
dividends.

513 Wrongful sale of stock: right of

customer to similar stock not ac-

Whether devise to unborn bastard is quired for purpose of restitution.

void for uncertainty. 652

References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type
to ARTICLES.

С

CANCELLATION OF INSTRU Partial assignments. 104-105,
MENTS.

107-108, 481-484, 646
Contracts: unilateral mistake of fact Successive assignments: effect of
by offeror.

637, 649
notice to the debtor.

484
CARRIERS.

Whether assignment gives the as-
Bills of lading: Construction of signee complete ownership at law.
“Restraint of Princes” in a bill of

97-108, 449-485

What is meant by saying that the
Liability of consignor for freight.

assignee is legal owner. 452-473

What may be assigned: Assign-

Custody and control of goods: ability of contract of indemnity.

Sellers' liability for freight after

stoppage in transitu.

Effect of waiver of restriction on

Demurrage: Right of carrier to assignment.

charge demurrage on privately COLLATERAL SECURITY.

owned cars on public and on pri Loss of collateral as defense to liability

on negotiable paper.

Federal regulation: Power of com- COMMISSIONS.

mission to raise rates after elimina-

See Constitutional Law.

tion of water competition due to Of executor who was also trustee. 189

natural causes. 276, 29; CONFLICTS OF LAWS.

Limitations of liability: Agreed

See also Taxation.

valuation: in general

Validity where goods are converted.

Effect and performance of con-

tracts: Application of French

Passengers: who are passengers:

moratorium to a contract to be

Child riding free at invitation of performed in another country.

Jurisdiction for divorce: Non-resi-

Recovery of person not a passenger

for injury caused by misfeasance

dent husband bringing action in

state alleged to be separate resi-

Personal injuries to passengers:

Duty to protect from assault. 81 Validity of foreign decree against

Sleeping cars: Liability of carrier for

non-resident based on constructive

Pullman employees to trespasser.

Jurisdiction of courts: in general:

CERTIFICATION.

Sources classified 676-678
Of checks, see Banks and Banking;

Personal jurisdiction: Service:
Bills and Notes.

service by publication as a denial
of due process.

761
CHARTER-PARTY.

Consent as basis.

677-678,
See Contracts.

689-695, 702

Service: substituted service on non-

See under Bills and Notes.

resident individual doing business
CHILD LABOR LAWS.

in state by notice to place of

CHOSES IN ACTION.

Jurisdiction of courts: jurisdic-

Gifts: Parol extinguishment of debt. tion in rem: Jurisdiction of

760 federal courts to adjudicate juris-
Manner and effect of assignment: dictional facts in bankruptcy cases

Effect of assignment at law and and to adjudicate bankruptcy. 640

Recognition of foreign judgments:

Rights and liabilities of assignee: Equitable decree as a cause of

Debtor's right to set off against the

action in another state. 522

assignee claims against the as Remedies: right of action: Re-

signor. 101-102, 106, 473-475 covery for mental anguish due to

Latent equities: how far binding on negligent non-delivery of inter-

assignee. 102-104, 107, 475-480 state telegram.

386, 394

References in heavy-faced type are to Notes; in plain type to RECENT CASES; and in italicized type

Rights and obligations of foreign religious: Liberty to contract as

corporations: Nature of the affected by Bulk Sales " Law.

right evidenced by a share of

Restriction on freedom of press by

Whether shareholder in a corpora enjoining publication of injurious

tion is bound by the laws of state falsehoods.

incorporation or of state in which Validity of city ordinance making it

business is conducted.

393 a misdemeanor to refuse to pay

taxicab hire with imprisonment

What constitutes consideration: as a penalty.

Promise to supply indefinite needs

Powers of the judiciary: Power of

Australian judiciary to hold stat-

CONSTITUTIONAL LAW.

utes unconstitutional.

Army and navy clauses: Implica-

599, 609-613
tions for war legislation. 667–675

Powers of legislature: delegation
Construction, operation and en-

of powers: Power of adminis-

forcement of constitution:

trative board to declare a statute

unconstitutional.

Constitutional interpretation in

Australia, Canada and the United

Powers of legislature: taxation:

States compared. 615-618

Constitutionality of an income

Construction, operation and en-

tax on a corporation engaged in
forcement of constitutions:

export trade.

82

Construction of the Australian

Powers of legislature: implied

Constitution Act by reference to

powers: Federal power to incor-

American authorities. 601-607

porate railway companies and

Enforcement of the Australian Con-

stitution Act: by the high court

Powers of legislature: delegation

600-611 of powers: Under English law.

Enforcement of the Australian Con-

stitution Act: by Australian

Powers of legislature: implied

powers: War emergency legisla-

Enforcement of the Australian Con-

stitution Act: whether the privy

Powers of legislature: military
council has authority. 605-608

organization : Effect of creation

Meaning of term legislature in fed of national guard on militia. 176,

eral constitution.

Due process of law: For service on Privileges, immunities and class

non-resident, see Conflict of Laws legislation: Conditioning busi-
(Jurisdiction of Courts).

ness activities of non-resident
War emergency legislation. 672-674

individual on subjection to juris-

Validity of experimental legislation: diction by non-personal service.

Enforcement of judgments: Full Conditioning business activities of
faith and credit to findings of

non-resident unincorporated asso-

jurisdictional facts.

640 ciations doing business within

Federal and state powers: Federal state.

702-711

power to incorporate railway com Right of prisoner to be confronted

panies and regulate them.

with witnesses against him.

Personal rights: civil, political and

Nature and development of con religious: Right to speedy and

stitutional government: De-

velopment of constitutional gov Privileges, immunities and class
ernment under the Constitution legislation: Statute requiring
Act of the Commonwealth of autoist injuring any person to
Australia.

595-618 return to scene of the accident

English War Cabinet (1916–) as a and reveal his identity as affect-

constitutional experiment.

ing the privilege against self-

781-792 incrimination.

Features of the Australian Con Validity of statute abolishing in-
stitution Act.

597-600 junctive remedy in labor disputes.

Personal rights, civil, political and

84

References in heavy-faced type are to Nores; in plain type to RECENT CASES; and in italicized type

Separation of powers: Impossibility curing enlistment in the army by

of enforcing separation in the or fraudulently misrepresenting age.

ganization of special administra-

Defenses: impossibility: Impossi-

Power of administrative board to bility caused by domestic law.

declare a statute unconstitutional.

Remedies for breach of contract:

Power of legislature to punish for Action by attorney because of

client's discharging him without

Suspension of sentence as exercise

of the pardoning power.

Suits by third persons not parties

369, 396 to the contract: Vendor's lien
Trial by jury: Public trial. 771

given to beneficiary of contracts

for sale of land.

CONSTRUCTIVE TRUSTS.

Misconduct by non-fiduciaries: CONVEYANCES AND TRANSFERS

Insured person murdered by bene-

ficiary: trust in favor of estate. See also Dower; Tenancy in Common.

622, 651 COPYRIGHT.

Title acquired by murderer held Injunction by one co-owner of a copy-

subject to constructive trust.

right against infringement by the

Acts of conduct constituting con See also Voluntary Associations; Tax-
tempt: Refusal to pay alimony. ation; Agency; Conflict of Laws;

Trademarks and Trade names;
Punishment for contempt: Power Process.
of legislature to punish contempt. Capital, stock and dividends: Na-

ture of the right represented by a

share of stock.

Confiscation of neutral ship for carry Right of assignee of holder of stock

ing contraband cargo.

certificates in excess of charter

Citizenship and domicile: Enemy

See also Choses in Action; Insurance;

character attaching to domestic

Specific Performance; corporation with alien enemies as

Telegraph and Telephone Com-

panies; Conflict of Laws; Bills

and Notes; Damages; Restraint

Citizenship and domicile of cor-

poration: Franchise tax on cor-

Construction of contracts:

poration incorporated in more

than one state.

tract of insurance in mutual com-

Corporations de facto: Creation hy
pany includes contemplation of

consolidation unauthorized until
raise in assessments.

charter amendment.

761

Demurrage rate after unreasonable

Dissolution: Effect of incorporation

of voluntary association and sub-

Suits by third persons not parties

sequent dissolution.

to the contract: Recovery of

Power of a majority of the stock-
addressee for non-delivery of tele-

holders to effect a dissolution
gram.

391 against the wish of minority

Construction of contracts:

Whether right of dramatization Distinction between corporation

includes moving picture rights.

and its members: Disregard-

83 ing corporate fiction: garnish-
Contracts implied

in facts: ment of debt owed corporation in

Whether right of dramatization action against stockholder. 762

includes moving picture rights. Growth of the distinction and the

understanding of it in early Eng-

Creating servitudes, see Easements.

lish institutions.

561-588
Defenses: fraud: Right of parent Insolvency of corporations: Right

to procure discharge of minor pro of stockholder under option to

497, 529

610, 527

85

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