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fact: Recovery for benefits con-

761, 770

R

RAILROADS.

| RESTRAINT OF TRADE.

See Interstate Commerce; Carriers. Combination by agreements as to

REAL PROPERTY.

product or prices: How far a

See Accretion; Statute of Frauds; Taxa-

basis of illegality. 853-854

tion; Vested, Contingent and Future Contracts not to engage in certain

Interests.

business: Validity of contract

RECEIVERS.

between agent and principal.

Power to appoint a receiver when

Monopoly: How far a basis of ille-

such appointment is the sole

object of the suit. 273, 289

gality.

8 30-8 3.4

Tests of validity of contract tending

RENT.

toward monopoly.

See under Landlord and Tenant.

" Trusts" and combinations in

RES JUDICATA.

general: Combinations of labor:

See also Judgments.

how far illegal.

854-872

Persons concluded: Judgment of Good and bad trusts. 830-872

interpleader by garnishee as bar How far combination lawful.

to action by judgment creditor

834-838

against garnishee.

86 Public policy in permitting com-

What judgments are conclusive: bination.

838-843

Judgment on pleading a bar to Size as an element of illegality.

second prosecution.

400

843-853

752, 770

S

SALES.

General nature and scope of equi-

As to constitutionality of " Bulk table relief: Denial of specific

Law, see Constitutional performance of contract to reduce

Law.

an agreement to writing. 193

Rights and remedios of buyers: Right to relief on oral contract to

Recovery for breach of implied make a will where promisee is in

warranty after statute of limita-

default.

192

tions has run on implied or oral STATES.
contracts but not on written con-

Liability of states for torts committed

tracts.

295

in the course of public work.

Stoppage in transitu: Liability of

20-38

seller for freight after stoppage.

STATUTE OF FRAUDS.

296
Time of passing of title: Delivery

Contracts not to be performed
of separate quantities of fungible

within one year: Denial of
goods to agent of two separate

specific performance of contract to
buyers.

reduce an agreement to writing.

402

Passage of title to grain lying in a

193

Part performance: Effect of part

402

SERVICE.

performance of promise to support

in return for promise to devise

See Conflict of Laws.

Manner and effect of service: Sery-

realty.

192

ice on

non-resident individual STATUTE OF LIMITATIONS.

doing business within state.

See also Limitations of Actions.

696-702 STATUTES.

Service on non-resident unincor- See Death by Wrongful Act.

porated association doing busi- Impeachment of statutes: Power
ness within state.

702-711

of administrative board to declare

SERVITUDES.

statute unconstitutional.

See under Easements.
SHERMAN ANTI-TRUST LAW. Interpretation: Of “added” and
Recovery of treble damages against a

“ mixed ” ingredients within the

labor union for violation of a law.

Pure Food Law.

193

263, 291

Statutory principles in the common

SLANDER.

law in Lord Campbell's Act.

See Libel and Slander.

SPECIFIC PERFORMANCE.

STOCK.

Affirmative contracts: Enforce- See Corporations; Transfer of Stock.

ment of contract to exercise power STOCKHOLDERS.

of appointment.

401

See Corporations.

742, 771

References in heavy-faced type are to Notes; in plain type to RECENT Cases; and in italicized type
to ARTICLES.
STOPPAGE AND TRANSITU.

Right of reimbursement of person

See also Sales.

induced by false representations

STUDY OF LAW.

to become surety; whether af-

Modernization of legal education by fected by discharge in bank-

addition of five other methods to

ruptcy.

184

812-828
case system.

Whether doctrines of suretyship apply

to negotiable instruments.

SURETYSHIP.

Surety's defenses: miscellaneous:

141-158

Under the law merchant.

Effect of notice by surety that

142-149

Under the negotiable instruments

will not remain liable. 494, 526

Surety's right of exoneration:

149–158

TAXATION.

to restrain infringement by the

Federal corporation tax: Allow-

other.

91

ance for depreciation caused by TORTS.

mining ore in a leased mine. 526 See also Conflict of Laws; Telegraph

General limitations on taxing

and Telephone Companies.

power:

Constitutional restric-

For Jurisdiction of Interstate Com

tions: validity of income tax on

merce Commission, see Interstate

a corporation engaged in export Commerce.

trade.

77, 82

Defenses: Accident. 326, 327-331,

Interpretation: Federal corpora-

tion tax: allowance for deprecia-

409-413

Mistake.

326-327

tion in leased mining property.

Statutory authority to erect dan-

526

gerous agency.

377, 404

Particular forms of taxation: Tax

For torts in particular relations, see

on income of person dying before

States.

the passage of the law.

193 Nature of tort liability in general:

Powers of legislature: taxation:

Absolute liability and liability for

Franchise

corporation

fault: in what cases each exists.

incorporated in more than one

319-334, 409-418

state.

Validity and wisdoin of absolute

Where property may be taxed:
Franchise tax on corporation in-

liability doctrine.

409-116

Suggested changes in the classifi-

corporated in

than one

cation of the cases.

state.

241–202,

610, 527
Inheritance tax

319-334, 409-429
non-resident

on

Definition of the term tort and

partner's interest in local partner-

classification of the subject.

ship realty.

90

241-262, 319–334, 409-429

TEACHING OF LAW.

The term “tort” as at present used.

See Study of Law.

249-254

TELEGRAPH AND TELEPHONE. Fault as an element in torts: defini-

Damages for error, delay or non-

tion of the fault required. 258-262

delivery: Measure of damages Unusual cases of tort liability:

where telegram formed a

Child injured by wild animal in

pleted contract.

90

public zoo.

270, 294

Recovery for mental anguish due Recovery by person falling from
to negligent non-delivery of inter-

vestibule of train where he had

state telegram.

391

been seen by the conductor cling-

TENANCY IN COMMON.

ing to the hand bars.

289

Discharge of Indorsers.

Destruction of will leaving a legacy

Choses in action: partial assignor

to the plaintiff.

527

and assignee.

646

Trespasser on railway train injured

Effect of partition conveyance by

by trespassing wire.

519
metes and bounds.

403 TRADEMARK AND TRADE NAMES.

Right of one co-owner of a copyright Protection apart from statute:

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

to ARTICLES.

Failure to comply with state stat- TREASON.

ute as bar to relief against unfair Jurisdiction: punishment for breach

competition.

528

of allegiance committed abroad.

TRADE SECRETS.

194

List of customers: Use by former TRIAL.

employee.

Modes of trial: Proceedings in

TRADE UNIONS.

camera: right of court-martial to

hear criminal case in camera.

See also Injunctions; Constitutional

Law.

771

TRUSTS.
Conspiracy: Recovery of treble

See also Executors and Administrators.
damages under Sherman Anti-

Cestui's interest in res: Right of
Trust Law.

cestui to compel exercise of dis-
Statutes and interpretation: Clay-

cretionary power of conversion.
ton Act: labor provisions. 632

657
TRANSFER OF STOCK.

Creation of validity: Validity of
See Corporations.

trust with condition contrary to

Jurisdiction to determine ownership public policy.

296

of stock in foreign corporation. Creditor's rights under trust's

486, 516

deed: Trust deed purporting to

Right of transferee of certificate is securing joint rights as security

sued in excess of charter limit of for claims held severally. 524

stock.

185 Following trust property: Recovery

Right of vendor of stock, untrans of property similar to that wrong-

ferred on books, to charge broker, fully converted.

80

acting for and assigning to an un owers and obligations of tr
disclosed principal, for calls on Obligation to prefer one sort
stock.
656 cestuis over another.

657

U

UNFAIR COMPETITION.

Interference with another's selling

In general: Failure to comply with system.

state statute as bar to relief UNINCORPORATED GROUPS.
against unfair competition.

528

166, 195

See Voluntary Associations.

V

VENDOR'S LIEN.

Limitations of the rule against a

See under Vendor and Purchaser.

possibility on a possibility. 294

VENDOR AND PURCHASER. VOLUNTARY ASSOCIATIONS.

Remedies of vendor: Vendor's lien Jurisdiction over foreign associations

given to beneficiary in contract of by presence and substituted serv-

sale.

92

ice.

702-711

VESTED, CONTINGENT AND FU-

Revival of association after incor-
TURE INTERESTS.

poration and subsequent dissolu-

See also Rule against Perpetuities.

tion.

657

Contingent remainders: effect of Trade unions: recovery of treble dam-

enactment that they take effect ages under Sherman Anti-Trust
as though they were executory

Law against a labor union.

263, 297

devises or springing or shifting

uses.

226-240

Unincorporated associations: legal

status in general. 678-686

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

known.

773

enemy country where title passes Probate: Effect of probate of will
in transit to neutral consignee.

part of which has been maliciously

651 destroyed.

527

The code of maritime neutrality. 627 Enjoining probate of will made in

WARRANTY.

breach of specifically enforceable

In sales of personal property, see Sales. contract to devise land.

192

WATER AND WATERCOURSES.

Revocation: Irrevocable will. 401
Conveyances and contracts: Con-WITNESSES.

veyance of easement for pipe in See also Evidence.
return for privilege of using hy-

Competency in general: Compe-

drant creating a servitude on the tency itself depending on main

pipe line and water system. 297

issue in dispute.

87

Surface waters: Liability for ac-

Effect in criminal trial in federal

celerating flow by artificial de courts of former conviction in

pressions.

404

state courts.

529

WILLS.

Miscellaneous questions of privi-

See also Rule against Perpetuities;

lege: Privilege of non-resident

witness from service of process.

Vested, Contingent and Future

655

Interests; Legacies and Devises.

Construction: Application of rule

Privileges against self-incrimina-

in Shelley's case where remainder

tion: Constitutionality of stalute

is left to “issue, share and share

requiring operator of motor car

alike."

who has injured a person to return

195

Deduction of extinguished note from

to the scene of the accident and

legacy under set-off clause. 298

disclose his identity.

195

From what time does a will speak? WORKMEN'S COMPENSATION

298 ACTS.

Gift to a class on a contingency: con See under Master and Servant.

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