NATURALIZATION LAWS-Continued.

neither white nor of African decent is entitled to the benefit of our naturalization law, C. E. 325.

NEBRASKA CITATIONS.

by G. R. Chaney, review of, R. P. 180. NECESSARIES.

statutory liability of wife for, L. A. 279. NECESSITY OF NOTICE.

See perpetuating testimony, L. A. 495. NEGLIGENCE.

"fright as a cause of action" nervous shocks, R. D. 134.

contributory negligence, infancy, R. D. 374. See carrier, R. D. 518.

NEGLIGENCE CONTRIBUTORY.

See malpractice, Nelson v. Harrington, ann. cas. 548. contributory negligence, the father of a patient cannot be charged with contributory negligence because he employed the physician knowing him to be a clairvoyant, Nelson v. Harrington, ann. cas. 548. contributory negligence. See malpractice, L A. 567. dangerous work, respondeat superior. When a city lets a work on contract, and the work is intrinsically dangerous, the city is liable for injuries caused by the negligence of the contractor. The principle of the respondeat superior applies in such a case, Birmingham v. McCrary, ann. cas. 598.

of contractor. See municipal corporations, Birmingham, v. McCrary, ann. cas. 598. NEGOTIABLE PAPER.

a person to be a bona fide holder must be the holder of negotiable paper, L. A. 160.

See uniformity of statute law, C. E. 229.

a third person indorsing a note becomes liable for its payment not as a grantor but as indorser entitled to demand and protest of the instrument, R. D. 470. indorsement, third person, guaranty, R. D. 470. NERVOUS SHOCKS.

See negligence, R. D. 134.

NEW PARTIES.

See railroad company, Minneapolis v. Minneapolis, etc. Co. ann. cas. 454.

NEWSPAPER LIBEL.

hand book, etc., by Samuel Merrill, review of, R. P. 179.

NON-USER WITH INTENT TO ABANDON.

See easement, Snell v. Levitt, ann. cas. 552. NOTICE.

See assessment, R. D. 110.

construction. Effect of constructive notice of irregularity or defense to the holder of negotiable paper derived from the investment itself, L. A. 161. bona fide holder must acquire his title to negotiable paper without previous notice of irregularity or de fense, L. A. 161.

an assessment by a corporation is not contrary to that constitutional provision which forbids the depriva tion of any one of property without due process of law. This is true although the ordinance does not provide for notice to the party. But the assessment cannot be enforced except in courts empowered to foreclose mortgages, Garvin v. Dausman, ann. cas. 312. when information given to the clerk of an insurance company operates as notice to the company. See insurance, Fitzgerald v. Hartford, etc. Co. ann. cas. 336.

See insurance, Fitzgerald v. Hartford, etc. Co. ann. cas. 336.

sufficiency, indefiniteness. See perpetuating testimony, L. A. 495.

defect, waiver. See perpetuating testimony, L. A. 495.

must be reasonable. See perpetuating testimony, L. A. 495.

what it should contain. See perpetuating testimony, L.A. 495.

See perpetuating testimony, L. A. 495.

rule as to notice to appear. See summons, L. A. 524. rule as to notice in a summons of the nature of the actions and the relief to be demanded. See summons, L. A. 525.

it is not necessary that a city should have special notice of the dangerous character of the work done by its contractors. It is charged with notice of such danger from the time the work is commenced, Birminghan v. McCrary, ann. cas. 598.

what is notice. See municipal corporation, Birming ham v. McCrary, ann. cas. 598.

OCCUPATION OF SURFACE.

See mines and minerals, William v. Gibson, ann. cas. 498. OFFICERS.

of corporations. See corporation, C. E. 565. OPTION.

removal of building. A railroad company taking land by eminent domain for right of way may give the owner the option of receiving full damages or partial damages and the right to remove the building, Forney v. Fremont, etc. Co. ann. cas. 8. See contract, Wilcox v. Cline, ann. cas. 574. OUR NEW VOLUME, C. E. 1. PAROL EVIDENCE.

See evidence, R. D. 471.

See fraudulent conveyance, Featherstone v. Dagnall, ann cas. 544. PARTIES.

See corporation, Vanderwerken v. Glenn, ann cas. 386. See water and water courses, Turner v. Hart, ann. cas. 403.

PARTIES.

the names of parties to the action must be fully set out on the face of a summons. See summons, L. A.

521.

PARTITION.

infant, where partition of land owned by three parties one of whom was an infant was made between the other two he is not bound by the decree nor barred by the statute of limitations but may pursue his remedy in a court of equity, Q. A. 372. PARTNERSHIP.

individual debt. A consent of all the members of a partnership is necessary to the payment, out of firm assets, of the individual debts of a partner, Williams v. Lewis, ann. cas. 164.

firm assets, debt of individual member, declarations and admissions, estoppel, Williams v. Lewis, ann. cas. 164.

"a trust," if not duly incorporated is a partnership, C. E. 205. contract, firm debts, limit of liability, indemnity, R. D. 206.

corporations entering into a so called trust form a partnership. If they are not authorized to do so the partnership is illegal and either party may withdraw at pleasure, C. E. 277.

PARTNERS.

PATENT ESTATE.

treaties on, by Thos. B. Hall, review of, R. P. 52. PATENT LAW.

See telephone case, C. E. 517.

PAYMENT OR PURCHASE OF NOTE.

See transaction resembling sales, L. A. 136. PENDENTE LITE.

See ejectment, R. D. 254. PERPETUATING TESTIMONY. notice and publication, L. A. 495. PERSONAL INJURIES.

limitation, a city is liable for injuries caused by obstructions permitted in its streets and more clearly liable if the obstruction is of long standing. The statute of limitations runs from the state of the injury, Q. A. 52. PHYSICIAN.

See contract in restraint of trade, French v. Parker, ann. cas. 527.

when and to whom their liability attaches. See malpractice, L. A. 567.

PLACE OF TRIAL.

the place of trial must appear upon the face of the summons. See summons, L. A. 521.

PLEADING.

See judgments, R. D. 326.

See malpractice, Nelson v. Harrington, ann. cas. 548. PLEADINGS AND PROOF OF FOREIGN LAWS AND JUDGMENTS, L. A. 400.

POLICE COURT.

jurisdiction, a city has no power beyond that con. ferred upon it by charter. The police court of St. Louis has no jurisdiction of larceny, it may deny trial by jury for offenses cognizable by it, Q. A. 299.

award which fixes the amount to be paid at less than was formerly agreed upon is not necessarily unfair, and will not be set aside. See arbitration and award, Brush v. Fisher, ann. cas. 332. PRINCIPAL AND AGENT.

See innkeeper's lien, Covington v. Newberger, ann. cas. 263.

a commercial agent must obey orders. Where goods were ordered to be sold, but before sale, and within a reasonable time after the order was given, they were burned, the agent's delay was not the proxi mate cause of the loss, Lehman v. Pritchett, ann. cas. 380.

See commission merchant, Lehman v. Pritchett, ann. cas. 380.

authority of agent, statute of frauds, special agent, purchaser, Milne v. Kleb, ann. cas. 383. PRIORITY.

See attorney's lien, Justice v. Justice, ann. cas. 191. privileges and priorities of foreign judgments, L. A.

591.

PRIVILEGE.

whether evidence shall be excluded because it is a privilege communication is a question for the judge, L. A. 7.

PRIVILEGED COMMUNICATIONS.

a party applied to state the financial standing of another, is privileged to express his opinion on that subject freely, and if he does so without malice, is not liable in an action for slander, R. D. 54. See slander, R. D. 54.

PROCEEDINGS FOR RECEIVER.

See conflict of law, in re Peck, ann. cas. 188. PROCEEDING IN REM.

See judgment, Shryock v. Buckman, ann. cas. 481. PROMISES.

See confession, L. A. 8.

PROOF.

preliminary proof, of dying declarations, L. A. 32. PROVISO SUING BEFORE ARBITRATION.

See arbitration, Viney v. Bignold, ann. cas. 40. PROFESSION.

advanced state of. See malpractice, L. A. 567. PROMISE TO PAY ANOTHER'S DEBT.

See statute of frauds, Stewart v Jerome, ann. cas. 428. PROXIMATE.

See telegraph companies, R. D. 255. PROXIMATE CAUSE.

the tort of a telegraph operator in transmitting a forged telegram which caused the shipment of money by express, and enabled him, as express agent, to embezzle it, is held the proximate cause of the loss, R. D. 255.

See commission merchant, Lehman v. Pritchett, ann. cas. 380.j

See equity, R. D. 2,

right of one railway company to condemn the prop erty of another railway company under a general statutory power, L. A. 207, 231.

when, and under what circumstances, a railroad com. pany has a right by eminent domain to condemn the property of another railroad company under a general law, L. A. 207.

street crossing, bridges, mandamus, consolidation of action, amen lment, new parties, restoration of streets, charter, construction, municipal corporation, evidence, Minneapolis v. Minneapolis, etc. Co. ann. cas. 554.

RAILROAD LAW.

some novel decisions, L. A. 351.

RATE.

See change in character of trust fund, Cranson v. Wilsey, ann. cas. 240.

REASONABLE TIME.

early conception of reasonable time as a question of law, L. A. 376.

laches, after an early settlement between guardian and ward, the latter will be allowed a reasonable time to look into the matter. Two years is held not to be an unreasonable time, McKonkey v. Cockey, ann. cas. 476.

RECEIVER.

federal court, jurisdiction, a federal court upon application of its receiver, may remove a case in a State court against the corporation which was under its jurisdiction, and of which it had appointed a receiver, Calhoun v. Lananx, ann. cas. 167.

See jurisdiction, Calhoun v. Lanaux, ann. cas. 167.
RECENT POSSESSION OF STOLEN GOODS.
See larceny, Moreno v. State, ann. cas. 11.
RESCISSION.

what is reasonable for rescinding a contract, L. A. 379. RECONSIDERATION.

the power to reconsider is inherent in every legisla tive body, Ross v. Stackhouse, ann. cas. 114. RECORD.

the record of a case duly certified imports absolute verity, Justice v. Justice, ann. cas. 191. impeaching record of foreign judgments, L. A. 591. See attorney's lien, Justice v. Justice, ann. cas. 191. See appeal, Covington v. Newberger, ann cas. 263. See easement, Suell v. Levitt, ann. cas. 552. REFERENCE TO OMISSION TO TESTIFY ON FORMER TRIALS.

See argument to juries in criminal cases, L. A. 87. REGISTRATION.

See leases, Hodge v. Giese, ann. cas. 64. RELEASE.

guardian, burden of proof. Where a guardian makes an early settlement with his ward, and obtains a release, the burden of proof is upon him to show the entire fairness of the settlement. The presumption is against him, McKonkey v. Cockey, ann. cas. 476. See guardian and ward, McKonkey v. Cockey, ann.

cas. 476.

RELIGIOUS SOCIETIES.

contract, enforcement, mandamus, R. D. 135. pastor, acceptance, mandamus, State v. Bibb St. Church, ann. cas. 316.

one who claims a right or office in a religious society cannot have a mandamus to obtain it until his demand shall have been adjudicata by the proper ecclesiastical tribunal, State v. Bibb St. Church, ann. cas. 216.

voters, a State cannot constitutionally prescribe as a qualification of voters, an oath, relating to the religious belief of the voters, R. D. 422.

REMARKS OF COUNSEL.

must be objected to, if at all, in the trlai court. See argument to juries in criminal cases, L. A. 87. REMEDY.

the rule as to the remedy under the doctrine of lex fori, L. A. 255.

REMOTE CAUSE.

See commission merchant, Lehman v. Pritchett, ann.
cas. 380.

REPRESENTATIVES.

rule as to inserting the name and description in a
summons of persons acting in a representative ca-
pacity. See summons, L. A. 524.

RESPONDEAT SUPERIOR.

See municipal corporations, Birmingham v. McCrary,
ann. cas. 598.

RESTRAINT OF TRADE.

where a physician agrees, upon selling his practice,
not to pursue his profession in a certain town, the
engagement is valid, and is broken if, after his re-
moval, he revisits the town and practices medicine
therein, French v. Parker, ann. cas. 527.
RESTRICTION.

restriction of foreign judgments, L. A. 591.
REWARDS.

for detection of crime, Whitechapel "horror," C. E. 397
discussion of the subjects of rewards offered by pub-
lic authority for the detection of crime and the ar-
rest of criminals, C. E. 397.

RIGHT OF CROSS-EXAMINATION. L. A. 305.
RIGHT TO ERECT POLES AND STRING OR LAY
WIRES CONSIDERED GENERALLY, L. A. 447.
RIGHT OF MINING.

the right of mining implies the right to occupy the
surface and penetrate the interior, taking from it the
desired minerals, but the superincumbent soil must
be adequately supported, Williams v. Gibson, ann.
cas. 498.

RIGHT TO TAKE OUT SAME.

See mines and minerals, Williams v. Gibson, ann. cas.
498.

See limitation of action, R. D. 423.
foreign statute, a foreign statute relative to the gar
nishment of wages will be enforced if there is a sim-
ilar statute in the State of the forum. See interstate
garnishment, L. A. 428.

STATUTE OF FRAUDS.

See escrow, Wier v. Batdorf, ann. cas. 138.

See specific performance, Hunter v. Mills, ann. cas.
236.

See principal and agent, Milne v. Kleb, ann. cas. 383.
a contract by which certain parties agreed to locate
lands to be purchased by another, and for their serv-
ices were to receive one-fourth of the proceeds of
said land when sold, is not within the statute of
frauds, although it was not in writing. See frauds,

presumption. See insurance, R. D. 158.
SUMMONS.

statutory requisites of, L. A. 519.

character of the writ, seal, teste, signature, amend.
ments, L. A. 519.

the name of the court must appear in the summons
L.A. 520.

SUMMARY PROCEEDINGS.

judgment by default, alternative service, contempt of
court, C. E. 541.

SUPPLY STORE.

See mines and minerals, Williams v. Gibson, ann. cas.
498.

SURFACE.

mining, evidence, evidence is not admissible in eject-
ment for lands on which there is a mining grant, to
show how much of the surface is occupied in like
cases by other parties unless such occupation has
referred into a custom, Williams v. Gibson, ann. cas.
498.

condemnation of telegraph right of way, L. A. 448.
contract, fictitious address. One may lawfully con-
tract with a telegraph company to deliver to him a
telegram sent to a fictitious address and the com-
pany is bound to deliver such telegram if it con-
tracts to do so, and is liable in damages for non-de-
livery thereof, Milliken v. Western Union Tel. Co.
ann. cas. 577.

TELEGRAPH COMPANIES.

employees, torts, proximate, R. D. 255.
TELEGRAPH COMPANY.

a telegraph company cannot be required to pay a tax
on inessages sent from one State into another.
Leloup v. Port of Mobile, ann. cas. 119.

remarks of a correspondent on our comments on the
liability of a telegraph company for the torts of its
agent, corr. 347.

See contracts, Milliken v. Western Union Tel. Co. ann.
cas. 577.

TELEGRAPH POLES AND WIRES, L. A. 447.
TELEGRAPH CASE.

patent law, equity, jurisdiction. C. E. 517.
TELEPHONE LAW.

patents, jurisdiction. Remarks upon the recent rul-
ing of M. Justice Miller in the case of the United
States v. Bell Telephone Company and the jurisdic
tion of the federal courts to cancel a patent issued
by the United States on account of fraud in obtain-
ing such patents. C. E. 517.

See contracts in restraint of trade, French v. Parker,
ann. cass. 527.

limitation of time does not enter into a contract by
which a physician agrees not to practice in a partic-
ular town, French v. Parker, ann. cas. 527.

TONTINE.
under the tontine plans of the insurance the relation
between the insurer and the insured is that of con-
tract, not of trust. A court of equity cannot order
an accounting under its general jurisdiction »s to
trusts, Uhlman v. New York, etc. Co. ann. cas. 360.

rival. See injunction, L. A. 186.

TRANSACTIONS RESEMBLING SALES, L. A. 136.
TREATMENT.

established mode of. See malpractice, L. A. 567.
TRESPASS.

one who holds only an equitable interest in land and
has not possession of it, either actual or construct-
ive, cannot maintain an action for trespasses com-
mitted upon it, L. A. 612.

TROVER AND CONVERSION.

See limitation of action, R. D. 423.
TRUST.

where a party holds a legal title to land claimed by
another upon a parol agreement with him, the trust
in favor of such party must arise at the date of the
deed, L. A. 108.

comments on the law of trust as connected with cor-
poration and monopoly. C. E. 205.
corporation, monopoly, C. E. 205.

See executor and administrator, Allen v. Gillette,

ann. cas. 212.

express trust, restrictions upon alienation, R. D. 230.
See will, R. D. 302.

power of cestui que trust to incumber estate. Case
stated, Weaver v. Van Akin, ann. cas. 357.

See insurance, Uhlman v. New York, etc. Co. ann. cas.
360.

deed of trust, fraud. A deed of trust is not fraudu-
lent because the grantor may retain possession, pay
interest regularly and postpone the day of payment
from year to year not exceeding five years, Keagy
v. Tront, ann. cas. 407.

TRUST AGAIN. C. E. 277.
TRUST FUND.

See change in character of trust fund, Cranson v.
Wilsey, ann. cas. 240.

TRUSTEE PROCESS.

See interstate garnishment, L. A. 424.
TRUST.

See corporation, R D. 590.
TRUSTEES.

See corporation, R. D. 590.
UNDELIVERED INSTRUMENT.

See escrow, Wier v. Batdorf, ann. cas. 138.
UNIFORMITY OF STATUTE LAW.

negotiable paper, Mr. Finkelnburg's report, C. E. 223.
UNITED STATES AND THE STATES UNDER the
CONSTITUTION.

by C. S. Patterson, review of, R. P. 28.
USAGE.

custom, the judge must deside whether evidence
proporting to state a usage or custom is admissible,

L. A. 8.

VALIDITY.

See judgment, R. D. 326.
VENDOR AND VENDEE.
assumpsit, R. D. 327.
VERDICT.

See water and water-courses, Sullens v. Chicago, etc.
Co. ann. cas. 432.

a verdict obtained by averaging the amount proposed
by each juror is not illegal, provided there has been
no agreement beforehand to abide by the result of
the average, Sullens v. Chicago, etc. Co. ann. cas.
432.

WAGES.

garnishment, employee. Ruling as to the garnish-
ment of the wages of a non-resident employee of a
foreign corporation, L. A. 428.

WAIVER OF OBJECTIONS.

See arbitration and award, Brush v. Fisher, ann. cas.

332.

WANDELL, SAMUEL H.

author of the law of inns and boarding houses, R. P.
108.
WATCHMAN.

under a policy of insurance requiring a watchman to
be kept on the premises when the mill is idle, it is
sufficient if the watchman is in such close proximity
that he can speedily discover a fire, Sierra, etc. Co.
v. Hartford, etc. Co. ann. cas. 451.

See fire insurance, Sierra, etc. Co. v. Hartford, etc. C.
ann. cas. 451.

WAREHOUSE RECEIPTS.

See commission merchant, Lehman v. Pritchett, ann.
cas. 380.

WATER SUPPLY.

See fire insurance, Sierra, etc. Co. v. Hartford, etc. Co.
ann. cas. 451.

WATERS AND WATER-COURSES.

flooding lands, measure of prescriptive right, injunc-
tion, parties, Turner v. Hart, ann. cas. 403.

WATERS AND WATER COURSES-Continued.
obstruction, surface water, measure of damages, ver-
dict, average, Sullens v. Chicago, etc. Co. ann. cas.
432.

WHAT CONSTITUTES.

See escrow, Wier v. Batdorf, ann. cas. 138.
WHAT CONSTITUTES ADVERSE POSSESSION.

limitation of action, acts after title acquired, Riggs v.
Riley, ann. cas. 87.

WHITECHAPEL "HORROR."

See rewards, C. E. 397.

WIFE.

statutory liability for necessaries, L. A. 279.
WIFE BEATING.

comments on the proposal to restore the whipping
post for the punishment of wife beaters. Objection
to the proposition because the inflictions of the pun-
ishment will degrade innocent parties, C. E. 157.
corporal punishment, economy, C. E. 157.

WILL.

the intent of the testator always controls in the con-
struction of a will, Q. A. 28.
construction, power, R. D. 182.

construction, trust, power, executor, R. D. 302.
WITNESS.

the judge must decide whether the inability of a wit-
ness to attend is sufficiently proved to admit his
deposition, L. A. 7.

See accused as a witness, L. A. 328.
WORK OF THE ADVOCATE.

by B K. Elliott and W. F. Elliott, review of, R. P. 348
WORK HOUSES.

work-houses favored for the punishment of wife beat
ers. Proceeds of their labor should inure to thei
families, C. E. 157.

WRITTEN CONTRACT.

See evidence, R. D. 471.