PLEADING AND PRACTICE-Continued.

What held failure to prove fraud under demurrer to evidence, 549.

Circumstances where the decision of a lower court overruling demurrer to evidence will not be reversed, 549. Facts under which demurrer to evidence should be overruled, 431.

Equity.

Error to make decree against a minor and feme covert without appearance and appointment of guardian ad litem. O'Hara v. MacConnell, 20.

Error to render final decree for want of appearance at first term after service of subpœna unless another rule day has intervened. Ibid.

In suit to divest title of feme covert or minor, trustee must be made a party. Ibid.

The making of conveyance as ordered by the decree does not cut off right of appeal. Ibid.

Nor does a subsequent petition in review nor matter in answer thereto. Ibid.

Instruction.

In Texas charge must be in writing, and must not comment upon the weight of evidence; a departure from this rule is ground for reversal, but the party complaining must show prejudice. Texas, etc., R. Co. v. Murphy,

55.

Judge may instruct in absolute form on admitted facts, but must not take from jury the right of weighing the evidence where the facts are controverted. Mutual Life Ins. Co. v. Snyder. 106.

Instructions not specifically excepted to not reviewed on appeal; nor can exceptions be taken for the failure to give an instruction not specifically asked. Ibid. When counsel in opening have been permitted to read documents to jury which have not been admitted as evidence, is error for the court in instructing the jury to withdraw these from their consideration by a general statement; illustration. Scripps v. Reilly, 128. An instruction that the jury should give the plaintiff such compensation as they can, under their oath, say will be a fair one in case of a finding in his favor, is erroneous in not confining their finding of damages to those shown by the evidence, 143.

Instructions which are contrary to each other or of the record, constitute ground for reversal, 765. Case will not be reversed for erroneous instruction where the proper result was reached Lundy v. Pierson, 167; Williamsburg City Fire Ins. Co. v. Cary, 167.

Error to instruct jury to find upon an issue as to which there is no evidence for or against. Snyder v. Adams Express Co., 179.

Not error to refuse instruction where there is no evidence on the point, 189.

Or where instructions correct in themselves have been given in another form, 189.

When court may tell jury to return verdict for plaintiff, 192.

Limits of judicial authority in stating what facts are admitted or proved, 335.

Error of court to inquire of jury the difference between them to advise them to agree, 334. Stating facts hypothetically, 360.

Court must not instruct as to credibility of witnesses,

PLEADING AND PRACTICE-Continued.

Under Tennessee code all parties to joint obligation are liable.

Subsequent purchaser or incumbrancer a party in action to enforce mechanic's lien, 480.

Facts alleged in which the incumbrancer whose interest was unknown was held to be a proper party; effect of failure to make the party who owned the property at the commencement of the action a party in suit to en force mechanic's lien. Court may set aside such judgment within a year after its entry, 480.

When one of two cestuis que trust is not a necessary party, 501.

Assignee pendente lite not a necessary party, when, 528. Husband not a necessary party to a suit to charge wife's estate, 572.

County a proper party in an action of ejectment to recover land mortgaged to secure a loan of school funds of township, 286.

When co-obligee is not a necessary party, 286. Process.

Process received within ten days in Illinois may be returnable to next term or to succeeding term, but if returned to next term cause will be continued, 166. Service of process on non-resident by publication; Uni. ted States Commissioner at Honolulu, a non-resident within the meaning of the Oregon statute, 471. Service one day before return day, 596,

Summons issued without seal void in Kansas, 240. Finding of court that due preserval of service had been made upon defendants as required by law, held in supreme court to be prima facie evidence of the authentication of the summons with the seal, 240. Service of process on foreign insurance company which has filed written stipulation agreeing that all legal process affecting it served on the auditor or agent within the state thall have the same effect as if served upon the company; such service not good under the act of Congress of March 3, 1875. Stillwell v. Empire Ins. Co., 463.

No replication required in Indiana except to new matter; going to trial without objecting for want of replication waives defect. Walker v. Woollen, 248.

Refusing to strike reply from files after 3 years, 311. United States Courts.

How far the practice of the federal tribunals is governed by the state procedure; Sec. 915 Rev. Stat. United States construed. Beardsley v. Littell, 270.

The provisions of the New York Code as to the exmination of witnesses before trial not applicable to federal courts in that state, 270.

Variance.

A defendant can not prove at the trial a variance between the pleadings served on him and the record, 177. Venue.

Absence of judge a sufficient excuse for not applying for change of, at an earlier date, 144.

Duty of jury to answer interrogatories, 548.
Jury may be sent out even after separation, 551.

And although there may have been an adjournment in the meantime, 551.

Where a jury render an informal verdict the court may suggest a correct form. Bosse v. Thomas, 485. Granting judgment non obstante veredicto, 309.

Miscellaneous Rulings.

Answer not evidence in Missouri, 95.

Matters of evidence not to be pleaded, 479.

Mode of proceeding against administrator for account in North Carolina, 287.

Negligence of attorney no ground for setting aside default, 332.

Notice to defendant not necessary in attachment by garnishee, 336.

Similiter to negative plea under Illinois practice, 167. The grounds on which parties will be ruled to give security for costs stated; not an exercise of sound discretion to make such a rule after interlocutory decree and report of referee, 190.

Intervening defendant may not question judgment establishing mechanic's lien, when, 263.

What latitude will be allowed to bad pleaders; failure to aver appointment of guardian not fatal, 120. Defendant filing affidavit of meritorious defense as to

PLEADING AND PRACTICE-Continued.

part of plaintiff's demand in Illinois; plaintiff entitled to judgment for residue without trial, 143.

When motion for judgment on the pleadings will be overruled, 211.

Compliance with order of court where no special time is designated, 239.

Facts, not conclusions of law to be stated, 478.

Judgment not a written instrument within the meaning of the Indiana statute, and copy thereof filed is not part of the record, 479.

Setting aside judgment after the term, 526.
Nunc pro tunc entries, 548.

Vacating judgment after a year in Wisconsin, 550.
Case where failure to show jurisdiction of justice was
fatal to the proceedings, and the suit did not arrest the
running of the statute of limitations, 71.

POLICE REGULATIONS.

[See CONSTITUTIONAL LAW.]

POWERS.

Requisites of a power of attorney to sell land, 263. Effect of a power not under seal; passes a title good in equity, 263.

When contradictory directions as to notice of sale will be regarded as having been inserted in the mortgage by mistake, 263.

Sale of land in fee by one who is seized of life estate, and is also a donee of the power to sell, held an execu tion of the power, if the will is referred to. Owens v. Baker, 372.

Deed conveying in fee lands devised to the grantor, held to be an execution of a power contained in a will, so as to pass the whole estate; and the word "executrix held descriptio persona. Owens v. Baker. Note by J. P. Ellis, Esq., 372.

PRESCRIPTION.

[See EASEMENT.]

PRIORITY.

[See also REGISTRATION LAWS.]

Facts on which a creditor of a decedent whose estate was insolvent, was held to have no such superior equity over the family of the deceased as occupiers of the homestead, or over the purchaser of a portion of decedent's land not occupied as a homestead, as could be enforced in law and equity, 334.

PRIVATE INTERNATIONAL LAW.

Right of ancillary guardian in one state to pay over ward's money to domiciliary guardian in another state. Metcalf v. Lomax, 78.

The rules which govern the relation of principal and ancillary guardian, executor or administrator stated; the ancillary subordinate to the principal trustee. Ibid.

Lex loci governs the contract; lex fori governs the remedy, 190.

Illinois statute exempting laborers' wages, held to apply to wages due non-residents, 190.

Common law presumed to be in force in another state in absence of contrary proof, 215.

That the law of another state differs from the common law must be alleged and proved, 215.

Courts of one state will follow the clearly established law of another state, where the contract is governed by it. Where the contract is affected by the laws of two foreign jurisdictions, the most reasonable construction will be adopted. Mississippi Valley, etc. R. Co. v. United States Express Co., 42.

A contract sued on in Indiana will be presumed to have been executed in that state; and a bank named in a contract at which a note is made payable, will be presumed to be an Indiana bank. Walker v. Woollen, 248. Effect of marriage between negro and white person in another state valid under the laws of that state, but void under the law of the actual domicil. State v. Kennedy, 331.

Effect of marriage between negro and white person in another state, the parties actually domicilated there, who afterwards removed into a state where such marriages are prohibited. State v. Ross, 392. Invalidity of divorces when procured in evasion of the law of the state where party is domiciled, 455. Deed made between citizens of Indiana of land in Missouri containing no covenant of seisin except the words "grant, bargain, sell and convey," which by the laws of Missouri implied a covenant of seisin, but by the laws of Indiana did not,-held that such a covenant being a personal one, was governed by the laws of Indiana. Bethel v. Bethel, 296.

PROBATE COURT.

Entries of record în probate court, in regard to annual settlement of guardian not judgments, and parol evidence as to, admissible, when, 303.

PROMISSORY NOTE.

[See also NEGOTIABLE AND ASSIGNABLE PAPER.] Indiana statute making agreements in promissory notes to pay attorney's fees void, is constitutional. Churchman v. Martin, 341.

Containing a clause "and 5 per cent. attorneys fees in event of suit," 343.

Stipulation for payment of “5 per cent. expenses of collection other than attorneys fees after suit be instituted on the note," or "5 per cent. for exchange and other purposes and other expenses incident to the collection thereof other than attorneys fees, if suit be instituted on this note," not within the statute, nor usur ious, 343.

Effect of promissory note payable in gold coin of the United States, together with stipulation that if paid "at maturity or before suit is brought thereon, then it shall be payable in any lawful money of the United States." Churchman v. Martin, 343.

Discharge of maker by alteration of note by payee, 430. Stipulation in respect of attorneys fees good in Kansas,

[See PLEADING AND PRACTICE.] PROHIBITION.

Under what circumstances a writ of, will be issued to n inferior court, and when it will be refused, 71. PROFESSIONAL ETHICS.

The right of lawyers to accept retainers without prejudging the merits of their client's case, 97.

Concerning professional fees; reply to the strictures of the St. Louis Globe-Democrat upon this subject, 145, 146, 147.

The St. Louis Globe-Democrat's attack upon lawyers further commented upon, 170.

Advertising divorce shysters, 170, 172, 194.

Necessity for the organization of a parliamentary bar, 217. Limit of professional duty in procuring the passage of legislative acts, 217.

PROTEST.

[See NEGOTIABLE AND ASSIGNABLE PAPER.] PROXIMATE AND REMOTE CAUSE.

[As to actions for injuries caused by sale or gift of intoxicating liquors, see CIVIL DAMAGE LAWS. See also NEGLIGENCE.] Sheriff not civilly liable for injuries committed by pris oner unlawfully permitted to escape, 239. PUBLICATION.

[See also PLEADING AND PRACTICE.] Notice by; article by W. P. Wade, Esq., 221.

Effect of printing notice of publication of sheriff's sale illegibly, 575.

Of legal notice in paper printed on "patent outsides,"

529.

PUBLICATION OF OBSCENE MATTER.

Proposition to amend statute concerning, 289. Prohibition of publication of obscene matter arising in course of suit, 289.

PUBLIC RIGHT.

Extent of, over streets and alleys, 410. PUBLIC SCHOOLS.

Power of teacher to inflict chastisement; liability of teacher for assault and battery upon pupil; a person over twenty-one years of age who enters a school becomes a pupil by his own voluntary act, 284.

Power of board of directors to discharge teacher for cause, 479.

Prerogative of school board to regulate studies; rule suspending pupil for failure to be prepared in rhetorical exercises, 569.

RAILROADS.

[See also CONSTITUTIONAL LAW.]

Right of action where railroads are laid in the streets of incorporated towns; elements of damage in such cases.

RAILROADS-Continued.

Chicago, etc. R. Co. v. McGinnis, with elaborate note by M. A. Low, Esq., collecting and explaining the American and English law, 11.

Liability of railroad companies in Missouri for failure to fence their tracks, 25.

Railroad wrecking; editorial, 92.

Private person not allowed to go upon railroad to repair cattle guard; duty of railroad company in Iowa as to constructing cattle-guards, 360.

Railway corporation may make valid contract guaranteeing the bonds of another corporation, and the lease of the latter road by the former is a good consideration. Low v. Cal. Pac. R. R. Co., 489.

Recent statute of Illinois conferring police powers on conductors, 505.

Lien of mechanics and material-men for furnishing supplies and work, 535. [See MECHANIC'S LIEN.] Statute requiring railroad corporations to fence applies to corporations chartered before its passage, 186. Parol agreement to move fence on line of railroad does not run with lease, 186.

Not contributory negligence for owner of land to turn horse loose upon land where railroad track is not fenced, 176.

Contract to build railroad to given point by a given time,

336.

Consolidation of railway corporations; power of legisla. ture to repeal charter, 545.

Editorial comments upon resolutions of stockholders of the Ohio & Mississippi Railroad Co. in favor of the removal of the receivers, 49.

Right to enforce reasonable regulations as to prohibiting passengers from riding on freight cars, etc., 548. Resume of the operations of the law department of the M., K. & T. Ry. for 1876, comments upon, 339. Circumstances under which claims for supplies recently furnished are paid, where railroad company has passed into the hands of receivers, 458.

Stipulation indorsed upon railroad bonds by board of directors as to convertibility of bonds into capital stock; right of action of bona fide holder for refusal to convert; such right of action not assignable separate from bond, 570.

Money received by railroad cashier subject to garnishment, 550,

Construction of Ohio legislation regulating rates of passenger fare, 570.

Action by passenger in Ohio for wrongful ejection. Ibid. Default in mortgage of railroad property and income, and refusal of possession to trustees will not alone warrant a court of equity in appointing a receiver. Union Trust Co. v. St. L., I. M. & S. R. Co., 585.

Facts which, after default in the payment of interest secured by railway mortgage, are held not to show such ultimate danger to the mortgagees as warrant a court of equity in appointing a receiver. Ibid. Extent of mortgage as to property, 430.

Editorial comments upon the necessity of stringent rules of law for the prevention of railroad injuries, 1-2. A law suggested making demands for injuries a lien upon railroad property superior to contract liens, 2. Killing stock; leading article by W. P. Wade, Esq., explaining course of decisions in the different states, 3. Grounds of liability of railroad company to servant, 431. Liability for using upon its track a car with a defective break-beam, 431.

RAPE.

[See also ASSAULT WITH INTENT TO RAVISH.] Instructions to jury on an indictment for; fraud, personation of husband, 191.

Effect of subsequent marriage of prisoner and prosecutrix, 530.

REAL ESTATE BROKER'S COMMISSIONS.

[See also BROKERS.]

Right of broker to his commission; right not defeated by becoming one of the purchasers, 210.

REASONABLE DOUBT,

[See CRIMINAL EVIDENCE.]

REBELLION.

[See WAR.]

RECEIVERS.

Right of, to sue in another state. Cagill v. Wooldridge, with note by Hon. J. O. Pierce, 6.

Unauthorized interference with possession of, is a contempt of court in England in general; but not where a landlord distrains for a year's rent, 69.

Power of court to allow the issuing by receivers of a railroad of negotiable certificates of indebtedness creating a first Ben. Meyer v. Johnson, 111.

RECEIVERS-Continued.

Limit of power of receivers to incur expenses; no power to make expenditures to defeat a proposed subsidy to a rival road. Cowdrey v. Galveston R., 126.

The earnings of a railroad in the hands of a receiver are chargeable with the value of goods lost in transportation, and with damages done to property during his management. Ibid.

Circumstances under which the claim of an attorney for trustee was held chargeable against the fund in case of a foreclosure of a mortgage on a railroad. Ibid. Right of, to bid in property at judicial sale to foreclose mortgage securing notes held by him as such receiver,

406.

Circumstances under which claims for supplies are paid where a railroad company has passed into the hands of receivers, 458.

Default in mortgage of railway property and income and refusal of possession to trustees will not alone warrant a court of equity in appointing a receiver. Union Trust Co. v. St. L. I. M. & S. R. Co., 585.

Facts which after default in payment of interest secured by railway mortgages are held not to show such ultimate danger to mortgagees as to warrant a court of equity in appointing a receiver; circumstances under which a court of equity will refuse to appoint receivers of a railway, 577.

Facts upon which jurisdiction of receiver appointed in another state held not to appear, 575.

RECENT LEGISLATION. Illinois.

An act to repeal an act entitled "An act to establish a recorder's court in the City of El Paso, etc., 328.

An act to amend an act entitled "An act to provide for the incorporation of cities and villages," 328. An act to amend sec. 1 of art. 4 of an act entited "An act for the incorporation of cities and villages," 329. An act to provide the manner of proposing amendments to the constitution and submitting the same to the electors of this state, 357.

An act declaring certain animals and birds feræ naturæ to be personal property, 379.

An act to amend sec. 168 of an act entitled "An act to revise the law in relation to crimininal jurisprudence," 379.

An act to amend sec. 7 of art. 7 of an act entitled "An act to revise the law in relation to township origanization," 379.

An act to punish the offense of advertising for divorces, 405.

An act to amend sec. 36 of an act entitled "An act to reverse the law in relation to criminal jurisprudence," 405.

An act to establish probate courts in all counties having a population of 100,000 or more, to define the jurisdiction thereof and to fix the time for holding the same, 453. An act to define and punish conspiracies in the state of Illinois, 476.

An act to amend sec. 7 of an act entitled "An act to regulate the Illinois Industrial University, and to make appropriation therefor, 477.

An act to amend an act entitled "An act to revise the law in relation to criminal jurisprudence," 477.

An act to amend sec. 5 of an act entitled "An act concerning fees and salaries, etc.," 499.

An act to prohibit any city, town or village from receiving from the county treasury a greater proportion of the surplus fund or tax than shall be received by any other city, town or village within the same county,

499.

An act to amend sec. 2 of an act entitled "An act to provide for the assessment and taxation of bridges across navigable waters on the borders of this state," 499. An act concerning the use of water powers 499. An act to amend the law of real property, 547. An act to amend sec. 6 of an act entitled "An act to revise the laws in relation to marriages," 547.

An act for the protection of passengers on railroads, 547. An act to amend sec. 47 of an act to establish and maintain a system of free schools, 595.

An act to amend sec. 6 of an act entitled "An act to incorporate and govern fire, marine and inland navigation insurance companies doing business in the state of Illinois," 595.

Missouri.

Comments on action of Missouri legislation with reference to appeals, 361.

Comments on measures proposed in the Missouri legislature to promote greater safety in the case of fire, 361. Comments on the work accomplished at the last session of the Missouri legislature, 434.

An act to prevent the mortgagor or grantor in trust deeds

RECENT LEGISLATION-Continued.

of personal property from the fraudulent use or disposition of such property, etc., 474.

An act to amend sec. 28 of chap 160, of the General Statutes relating to executions, 475.

An act regulating the payment of the expenses of the St. Louis Court of Appeals and the salaries of the judges thereof, 475.

An act to provide for the publishing of the decisions of Supreme Court of Missouri, and for the appointment of a reporter thereof, and fixing his salary, 475. An act to authorize counties, cities, and towns to compromise their debts, 476.

An act to promote the arrest of criminals, 498.

An act to prevent the mutilation or alteration of an instrument of writing, with intent to cheat or defraud another, and to provide a punishment therefor, 498. An act to amend sec. 18 of chap. 179 of the General Statutes of Missouri, said chapter being entitled "of the claim and delivery of personal property," 498.

An act entitled "An Act to amend sec. 39 of chap. 180 of the General Statutes of Missouri, in relation to appearances, pleadings, adjournment and consolidation of actions," 498.

An act to amend sections 18 and 26, chap. 189, General Statutes of Missouri, entitled "Of Landlords and Tenants," 478.

An act to amend sec. 2 of chap. 164 of the General Statutes of Missouri, 547.

An act to preserve the public peace by preventing the display of knives and other deadly weapons in the presence of one or more persons, 547.

An act to amend sec. 13 of chap. 115 of the General Statutes of 1865, and the act amendatory thereof, entitled "Husband and Wife-Rights of Married Women," 547. An act to amend chap. 201 of the General Statutes of Missouri, being article 3 of chap. 42 of Wagner's Missouri Statutes, entitled "of offences against public and private property," 547.

An act to provide for the publication of notices of intention to apply to the legislature for the enactment of public and special laws, and to provide for the exhibition of the evidence of such publication, 188. An act to dispose of the records and unfinished business of common pleas courts abolished under section 42, article 6 of the constitution, 236.

An an act to encourage the destruction of grasshoppers, 236.

An act defining the powers and duties of grand juries, 260.

An act to amend an act entitled "An act to authorize the different county courts to appoint additional justices of the peace," 260.

An act to amend sections 25 and 27 of chapter 201 of the General Statutes of Missouri, 260.

An act to prevent the discharge of persons by the " Habeas Corpus Act," who have been convicted of crime and erroneously sentenced, 260.

An act authorizing the imprisonment of persons, convicted of misdemeanors in other places than county Jails, 260.

An act to repeal an act entitled "An act to more fully provide for the organization of counties into municipal townships, and to further provide for the local government thereof, and repealing all former acts relating thereto," 261.

An act to amend sec. 47 of chap. 169 of the General Statutes of Missouri, concerning practice in civil cases, 355. An act authorizing the withdrawal of certain military claims from the office of the third auditor of the United States treasury at Washington, etc., filed in said office in pursuance of an act entitled "An act to audit and adjust the war debt of the state," 355. An act making illegal voting a felony, and prescribing its punishment and making an attempt at illegal voting a misdemeanor and prescribing the punishment, 856.

An act to amend sec. 16 of chap. 131 of the General Statutes of Missouri, the same being sec. 16 of chap. 145 of Wagners Statutes, 356.

An act to amend sec. 2 of chap. 27 of the General Statutes of Missouri, entitled "Of County Surveyors," 377. An act to restrain domestic animals of the species of horse, cattle, mule, ass, swine, sheep or goat, from being herded on land other than that of the owner of of such herd, and to restrain such animals from running at large in the City of St. Louis and in the County of St. Louis, 377.

An act to amend chapter 201 of the General Statutes of Missouri, entitled "of offences against public and pri vate property" by adding a new section thereto, 403. An act to amend an act entiled "An act to amend § 56 of an act entiled an act to regulate the inspection of petroleum, oils or fluids, or any product hereof sold or manufactured for illuminating purposes," 402.

RECENT LEGISLATION-Continued.

An act to amend an act entitled "An act dividing the state into judicial circuits, etc.," with special reference to the Circuit Court of Stoddard County, 403.

An act to encourage the destruction of cats, 404. An act authorizing the appointment of a marshal and janitor of St. Louis Court of Appeals, providing for their compensation, 404.

An act to amend sec. 32 art. 8 chap. 42 of Wagner's Missouri Statutes, the same being sec. 32 chap. 206 of the General Statutes of 1865, 305.

An act to provide for the custody of minor children in habeas corpus, between the parent of such minor and any person not the parent, 305.

An act amendatory of an act entitled "An act to amend an act entitled 'an act dividing the state into judicial circuits prescribing the time of holding courts therein and providing for the election of five additional circuits judges and circuit attorneys," approved March 15, 1872,

305.

An act to amend sec. 55 of chap. 201 of the General Statutes of Missouri, 1865, the same being sec. 55 of art. 3 of chap. 42 of Wagner's Missouri Statutes, 1872, entitled "offenses against public and private property," 306. An act to amend sec. 10 of chap. 107 of the General Statutes of Missouri, 306.

An act to provide that no property shall be exempt from seizure and sale under execution for personal services rendered in the capacity of house-servant or common laborer to an amount not exceeding 90 dollars, 306. An act to amend sec. 9 and 11 of chap. 172 of the General Statutes of Missouri, 306.

An act to amend sec. 2 of an act entitled "an act providing for the vacating of streets, alleys, public squares, and grounds of towns and cities, and providing for the change of names of such towns and cities, 327.

An act to establish a schedule of fees for the office of register of lands, 327.

An act to amend an act entitled "an act for the incorporation of insurance companies other than life insurance companies, and for the regulation of insurance business other than life assurance business," approved March 4, 1869, being art. 3 chap. 76 of Wagner's Missouri Statutes, 327.

An act to authorize county surveyors or their deputies to enter mining shafts for the purpose of making surveys of drifts and establishing the lines of same. 404. An act requiring county collectors to pay taxes and licenses into the state and county treasury monthly, 428. An act in relation to erroneous assessments and collection of taxes, and to correct clerical errors in the assessment of property for the years 1875–6, 428.

An act creating a board of commissioners and appropriating money for the erection of a building for the use of the supreme court, state library and attorney-general, 428.

An act to authorize boards of directors, boards of trustees, and boards of education in the state of Missouri, to submit to the voters of their respective districts propositions to increase the annual rate of taxation for school purposes and for erecting school houses, 452. An act to repeal an act entitled "An act to regulate the taking of depositions in civil cases in the county of St. Louis," 474.

An act to amend sec. 1 of an act concerning notaries public, 474.

An act to regulate conditional sales of personal property and providing that a violation thereof shall be a misdemeanor, 474.

Tennessee.

An act to provide a special commission of arbitration for hearing and trial of causes now pending in the supreme court, 356.

REDEMPTION.

Right of junior mortgagee or judgment-creditor to redeem; tender of redemption money, 334.

REFEREE.

Finding of, how far conclusive as to questions of fact, 47.

What are deemed mutual accounts within the meaning of statute authorizing reference, 383. When erroneous conclusion of referee as to law will not be deemed ground for reversal, 383. Report of, will not be disturbed if there is any evidence to support it, 500.

Continuance of hearing before referee on ground of nonarrival of depositions, 336.

Failure of referee to file oath of office. Ibid.

Effect of referee finding conclusions of law; only required to find facts. Ibid.

REGISTRATION LAWS.

Rights of the holder of a recorded but unindexed mortgage. Article by Jas. F. Baker, Esq., 340.

REGISTRATION LAWS-Continued. Effect of recording deed without indexing as notice to subsequent purchasers, Article by J. N. Rogers, Esq., 387.

Effect of recording deed without indexing. Letter by F. H. P., 449.

Unrecorded mortgage good against judgment, when, 548. Effect of recording deed without indexing, 568. REMOVAL OF CAUSES.

Suit brought in a state court by plaintiff corporation to to set aside deed of trust made by its officers to another corporation of the same state, not removable to federal court under act of 1866 (Rev. Stat., sec. 639, clause 2), at instance of surviving trustee and bondholder. Cape Girardeau, etc., R. v. Winston, 127.

That part of the act of 1866 in clause 2 of section 639 Rev. Stat. is repealed by the act of March 3d, 1875; or if this be not so, it is unconstitutional. By Treat, J., 127. Act of March 3d, 1875, not applicable to suit brought in territorial court, although, on admission of territory as a state, such suit passed into the jurisdiction of a state court. Ames v. Colorado Central Railroad Co., 199. What suits may be removed under clause "arising under the Constitution and laws of the United States" of act March 3d 1875 section 2. Trafton v. Nougues, 228. This provision does not extend to giving federal courts jurisdiction over mining rights. Ibid. Requisition of petition for removal on ground that the case arises under the constitution and laws of the United States. Ibid.

Where, in such a case, will be remanded for insufficiency of petition. Ibid.

Contest over distribution of decedent's estate removable from probate court, 237. But such removal cannot be made from an appellate court, 237. Wisconsin statute requiring foreign insurance companies not to remove suits to Federal courts; conflict of jurisdiction between state and federal courts, 362. No removal after default and before same has been set aside. McCallam v. Waterman, 413.

Time of filing petition for removal, 482.

Subdivision 3 of section 639 of revised statutes not repealed by act of March 3, 1875. Cooke v. Ford, 560. Is a "default" a trial; letter of E. A. Andrews, Esq., 592. Plaintiff can not defeat removal by dismissal of suit, 572.

Time within which petition for removal must be filed, 575. Where issue was joined nearly a month before the end of the term of the state court, and it did not appear but that a final hearing could have been had at that term, an application to remove under act of 1875, was denied. Ames v. Colorado Central Railroad Co., 199. REPLEVIN.

Requisites of petition in replevin in Nebraska, 479. Requisites of petition in statutory substitute for replevin in Missouri. Bosse v. Thomas, 485.

Defendant may justify under legal process under plea of general denial. Ibid.

Rails and fence-stakes part of the realty and not subject to replevin, 502.

Right of defendant where plaintiff voluntarily dismisses action, 597.

Measure of damages, 311.

Proceeding for claim and delivery of personal property in Missouri; variation between allegation and proof; defendant must be in possession or in control of goods, 405.

REPORT.

Effect of auditor's report in Massachusetts practice, 574. RES ADJUDICATA.

Not necessary that the name of the plaintiff in present suit should appear as plaintiff in former suit, if he was in substance plaintiff, 120.

Effect of judgment; second action based upon same and upon different claims between same parties, 416. Judgment in favor of county in suit upon certain coupons not an estoppel against plaintiff holding other bonds of the same series and other coupons, when. Cromwell v. County of Sac, 416; note by Hon. C. H. Krum, 419.

Finding in one action that the plaintiff therein is holder and owner of certain coupons in suit no estoppel against defendant from showing in another action that such plaintiff prosecuted the first action for the use and benefit of the plaintiff in the second action, 419. Effect on former judgment, of reversal in supreme court; opinion not binding on the court on subsequent appeal, 502.

Judgment in favor of ward on guardian's bond no bar to action by guardian against third parties, etc.; facts stated, 503.

Action by landlord against gas company for injury from

RES ADJNDICATA-Continued.

gas explosion not barred by judgment in favor of tenant for same cause, 303.

Question of res adjudicata which has not proceeded to final judgment, 286.

RESCISSION.

[See also EQUITY].

Rescission of sale of personal property on the ground of fraud, 359.

Necessary averments in petition to rescind contract on ground of fraud, 574.

REVERSIONER.

Not bound to submit to judgment and will of tenant, 548. REWARDS.

Some cases on the subject of rewards for finding and returning property, 384.

RIPARIAN RIGHTS.

Proprietor of fresh water stream in Indiana takes to the thread thereof, 448.

Right of riparian owner upon tidal navigable river to access to and from the stream. Injunction awarded to restrain the construction of an embankment obstruct ing inlet to wharf, 452.

Lateral contact with stream is, jure naturæ, as well as vertical contact, 452.

Title to land under water in England and United States; public title to land under water in the United States confined to tide water. Barney v. City of Keokuk, 491. The soil of the Mississippi river and its banks at high water belongs to the adjacent state; hence the public authorities in Iowa have the right to build wharves and levees on the banks of the Mississippi below high water, etc.; right of owner to land to flow water; improper diverson of stream, 550.

What is a water-course, 550.

ROAD SUPERVISOR.

When acting in good faith within scope of authority not liable personally; sufferers must resort to statutory mode of redress, 549.

RULE IN SHELLEY'S CASE.
In force in Indiana, 599.

Conveyance which was held to come within the rule; deed conveying to grantee" and her children and their assigns forever;" child en ventre sa mere, 599.

RUSSELL ON CRIMES.

Number and character of the American editions, 338. Views of a correspondent, 385.

SALES.

Sale of sewing machines on condition; repugnant agreement; when written contracts may be varied by parol evidence, 210.

Construction of "heretofore" when used in the sense of "hereinbefore," etc., 239.

Sale of personalty; representations as to quality, which were held properly submitted to the jury, 407.

Vendee rescinding contract must return property within reasonable time; what is reasonable time a question for the jury, 501.

Selling inferior seed; non-liability for injury to crop and land, 312.

Sale of lumber; estimate of quality made by third person conclusive, when, 407.

Remedy for breach of warranty, 527.

Implied warranty on the part of manufacturer of machine, 599.

SALVAGE.

Agreement for inordinate salvage brought about by com. pulsion not enforced, 473.

SCHOOL CORPORATIONS,

May sue and be sued in Indiana, 549. SCHOOL MONEYS.

Right of treasurer in Nebraska to sue for moneys paid for licenses to sell liquor, 359.

SCHOOL WARRANTS.

Want of consideration may be pleaded in action upon 120.

SCIRE FACIAS.

[See CRIMINAL LAW AND PROCEDURE.]

SEAL.

Where unnecessary, rejected as surplusage, 95.

In Missouri a seal upon a lease unnecessary, and surplusage, 165.