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INDEX TO NOTES.

(The General Index follows this.)

Bankruptcy.

Banks—continued.
Discharge of

partnership liability IV. Limits of the application of the rule
in individual bankruptcy proceedings 771

requiring reasonable care
I. Scope

772
a. In general

327
II. Provability of partnership debts in

b. Payment upon fraudulent claim
individual proceedings

of identity merely

327
a. Introductory

772

c. Payment upon impersonation of
b. In general

773

the depositor, combined with
c. Exceptions

forgery

329
1. Absence of joint assets or

d. Payment upon forged orders
solvent partners

alone

333
(a) In general

775

e. Payment without either imper-
(b) When
partnership
sonation or forgery

336
assets have been

f. Payment after the death of the
assigned to bank-

depositor

338
rupt

777

g. The obligation to compare the
2. Fraudulent abstraction of

signatures

339
partnership funds by

V. Contributory negligence of the depos-
bankrupt

777

itor
3. Right of petitioning joint

a. In general

340
creditor to prove

778

b. Failure to give notice to the
III. Discharge of partnership liability in

bank

341
individual proceeding

c. Failure to keep pass book safely 342
a. Discharge of liability by reason VI. Matters of evidence

342
of provability of claim
1. In general

778 Burglary.
2. The English doctrine

779 Necessity of instruction as to law on
b. Necessity of making firm or co-

circumstantial evidence on

prosecu-
partners parties

tion for

197, 207
1. Under bankruptcy law of
1867

Cloud on title.
(a) In general

780 Jurisdiction of equity of suit to remove
(b) In absence of joint

cloud on title to land in other state
assets
782 or country

682
2. Under bankruptcy law of

Contracts.
1898
(a) In general

783

Recovering for cervices and expenses
(b) In absence of joint

under a running contract with cor-
assets

784

poration ended by its insolvency and
dissolution

124

Banks.
Liability of savings banks for payments

to fraudulent claimants :
I. General rule requiring reasonable
care by the bank

317
II. The application of the rule of reason-

able care as affected by the

bank's by-laws
a. In general

318
b. By-law providing for payment

to the depositor's represent-
ative after his death

323
11. The binding effect of the by-laws up-

on the depositor
a. Assent by the depositor

324
b. What is a reasonable by-law

326

Corporations.
Recovering for services and expenses

under a running contract with a cor-
poration ended by its insolvency and
dissolution :-
I. Scope of note

124
II. Breaches of contracts in general 125
III. The measure of damages in such
cases

126
IV. How corporations are dissolved 128

V. When dissolution is not effected 129
VI. The earlier common-law doctrine

concerning the effect of dissolu-
tion

130
VII. Comment and criticism concern.
ing it

132

Corporations-continued.
VIII. The trust-fund, or "American," doc-
trine

134
IX. The effects of corporate dissolution

according to modern views
a. Civil death

137
b. Upon litigation

138
c. l'pon property and assets 139
d. l'pon debts and credits

141
e. Upon contracts in general

112
f. Upon employment contracts
1. With officers

144
2. With superintendents 143
3. With agents

146
4. With ordinary employees 150
X. Remedies
a. Abstract

151
b. Concrete

132
XI. Construction and effect of statutes 153
XII. Conclusion

155

Equity, II:-continued.

d. Discretion as to exercising ju-
risdiction

678
III. Particular subjects of jurisdiction
a. Creation and enforcement of

trusts ; substitution of trus-
tees

678
b. Suit for specific performance 681
c. Suit to remove cloud on title ;

to cancel void mortgage 682
d. Foreclosure of

mortgage or
other lien

682
e. Suit to redeem

68.
f. Suit to reform deed; or to have
deed declared a mortgage

68.)
g. Relief from fraud
1. As between parties or
privies

686
2. As between one party and

creditors of the other 688
h. Injunction

689
i. Accounting and incidental re-

lief by requisition of convey-
ance

691
j. Partition

692
k. Appointment of receiver

693
1. Miscellaneous

693
IV. Form of relief; effect and enforce-
ment of decree

694
V. Summary

696
Evidence.
Circumstantial; necessity of instruction
as to

193

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Equity.
Equitable relief against forfeiture of

estate :
I. General rules

833
II. Conditions precedent

836
III. Forfeiture will be relieved when

compensation can be made
a. In general

839
b. Forfeiture to secure payment

of money
1. General rule

839
2. Grant or devise on condi-
tion of support

811
3. Grant or devise on condi-

tion of payment of mon-
ey

842
4. Nonpayment of rent

844
5. Nonrenewal of lease

846
6. Nonpayment of taxes

818
7. Failure to remove encum-
brance

849
IV. Fraud, accident, mistake

849
V. Effect of conduct of obligee

831
VI. Collateral covenants
a. In general

S53
b. Failure to improve or repair 834
c. Failure to insure

856
d. Other covenants

838
e. Copyholds

858
f. Mining leases

838
VII. Conditions against marriage

858
VIII. After forfeiture declared

86.
IX. Statutory forfeiture

866
X. Statutory jurisdiction

866
Jurisdiction of equity over suits affect-

ing real property in another state or
county :--
I. In general jurisdiction limited to
suits in personam

673
II. ('onditions of jurisdiction
a. Necessity of proper case

for
equitable intervention

673
b. Ability to grant effective relief

by a decree in personam the

criterion of jurisdiction 676
c. Nonresidence of defendant as
affecting jurisdiction

677

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Husband and wife--continued.
III. Effect of statutes
a. In general

363
b. Exception of conveyances from
husband

364
c. Exemption from husband's
debts

366
d. Permitting revocation

367
IV. Conveyance by third person at in.
stance of husband

367
V. Consideration

368
VI. Does conveyance create separate es-
tate

370
VII. Remaining interest of husband
a. In general

374
b. Curtesy

375
VIII. Rights against husband's heirs 377
IX. Homestead and community

378
X. Effect of divorce

379
XI. Form and provisions of convey-
ance

380

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Injunction.
Affecting real property in other state;
jurisdiction of equity to issue

689
Innkeepers.
Liability for injury to guest by serv-
ant

642
Judicial sales.
Relief of purchaser upon annulling ju-

dicial or execution sale :-
I. Release from bid

33
II. Release froin bid and return of de-
posit

36
III. Reiief by reimbursement ol subro-

gation
a. Generally

39
b. Reimbursement

39
c. Subrogation
1. Generally

42
2. Out of proceeds of resale
d. l'robate, guardians' and admin-

istrator's' sales
1. Guardians' sales

45
2. Administrators' sales

47
e. Statutory relief

51
f. l'roceedings against nonresi-
dents

52
g. fraudulent sales

53
IV. Relief by action against the debtor 55

V. Relief by action against the creditor 56
VI. Relief. by action against the sheriff 58
VII. Summary

58
Larceny.
Vecessity of instruction as to law on

circumstantial evidence on prosecu-
tion for

195, 206
Mortgage.
Jurisdiction of equity of suit to fore-

close mortgage in other state Ol
country

682
Negligence.
Care due to sick. infirm, disabled, and

otherwise helpless persons, with
whom no contract relation is

us-
tained :
1. Scope of note

513
II. No duty between strangers

513
69 L. R. A.

Negligence-continued.
III. Principles which determine duty

in certain relations
a. Duty of special care due to

persons under disability in
general

514
b. Limitation upon this duty where

disabled party is trespasser 14
c. Duty limited by negligence of
person under disability

513
d. Another's negligence not ex-

cuse for wilful or wanton
injury

316
e. Summary

517
IV. Duty to avoid injury
a. To the sick and infirm

J18
b. To persons of defective sight or
hearing

521
c. To persons in helpless situa-

tions
1. Sleeping on railway track 523
2. Foot caught in railway
track

525
3. Walking on railway tres-
tle

526
4. Falling on railway track 527
5. Driving frightened horse 528
6. Instances of

other help-
less situations

532
V. Duty of persons inflicting injury to

care for those injured
a. Obligation to prevent aggrava-
tion of injury

533
b. What is sufficient performance
of obligation

536
VI. Knowledge of disability
a. Actual knowledge generally

necessary to creation of duty 536
b. When mere belief sufficient to
impose duty

538
c. Negligent ignorance equivalent
to knowledge

539
VII. Duty to discover another's peril or

disability
a. At places where people are like-
ly to be present

539
b. Whether duty exists as to
trespassers

543
C. What is suflicient notice of peril
or disability

548
Vili. Presumptions in absence of actual

knowledge of disability
a. Right to

presume

person in
peril will help himself

5.10
b). Limitations upon exercise of

such presumption
1. Warning of danger gener-
ally necessary

as

basis
for presumption

332
2. Presumption may

be

re-
pelled by circumstances JJ2
3. “Last moment" to which

presumption may be in-
dulged

55+

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Partnership.
Discharge of partnership liability in in-

dividual bankruptcy proceedings 771
Pleading.
Right to recover for ordinary negligence

under allegation of gross, wilful, or

wanton negligence or vice versa;-
I. Introduction

601
II. Allegation of wilful or gross negli.
gence

602
III. Allegation of reckless or wanton neg.
ligence, or both

608
IV. Recovery on allegation of ordinary

negligence, on proof of wilful or
gross negligence

608
V. Under statute or ordinance

612
VI. Conclusion

614
Railroads.
Duty to avoid injury to persons in help-
less position on track

523

Taxes-continued.
IV. Principal office as domicil
a. In general

433
b. Of railroads

436
V. Effect of certificate of incorporation
on the question of domicil

437
VI. Legislative power to fix the situs of

property for taxation
VII. Personal property physically present
in the taxing jurisdiction

442
VIII. Tangible property outside the state 443
IX. Particular classes of property
a. Railroad rolling stock

445
b. Water craft

447
X. Conclusion

450

193

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Trial.
Necessity of instruction as to law on cir-

cumstantial evidence :-
1. Introductory

193
II. When evidence is entirely circum-

stantial
a. In general
1. Homicide

193
2. Larceny

195
3. Burglary

197
4. Other crimes

198
b. Possession of stolen property 198
III. When the evidence of guilt of ac-

cused is direct
a. By positive testimony

200
1. Homicide

201
2. Larceny

203
3. Robbery

203
4. Rape

204
5. Other crimes

204
b. By proof of the confession of
accused

205
1. Homicide

205
2. Larceny

206
3. Burglary

207
4. Other crimes

208
c. Plea of insanity

208
IV. Where evidence is both direct and
circumstantial

209
V. Where instruction, or request to

charge, simply states abstract
proposition

210
VI. Testimony of accomplice

211
VII. Necessity of request for instruction ;
or exception

211
VIII. Refusal of request, the substance of
which is elsewhere charged

213
IX. Accused in juxtaposition to main or
inculpatory fact

213
X. As to question of intent

215
XI. Miscellaneous cases

216

Replevin.
Duty to preserve and return property

seized under writ of:
I. Loss or destruction of the property
a. In general

283
b. Emancipation of slaves

286
II. Depreciation of the property

286
Right to maintain, by or against one

in adverse possession of land for

things severed :-
1. The general rule
a. In general

732
b. Reason of the rule

732
II. Nature of the adverse possession
a. In general

734
b. Incidental trial of title

735
III. Replevin of fructus industriales

737
Robbery.
Necessity of instruction as to law on

circumstantial evidence prosecu-
tion for

203

on

Specific performance.
Jurisdiction of equity to decree specific

performance of contract affecting real

estate in other state or country 681
Taxes.
Situs, for taxing purposes, of tangible

personal property of domestic cor-
poration in the United States :-
I. Scope of note

431
II. Essentials of jurisdiction

432
III. Localization of corporations

433

Waters.
Maintenance of drainage ditches

805
Wills.
Effect

of

divorce to revoke gift by
will:
I. Introductory

940
II. When status mentioned in will con-

trols
a. In general

940
b. When lega tee is mentioned by
name

941
III. Effect of lapse of time between di-
vorce and testator's death

942
IV. Effect of property settlement

943

GENERAL INDEX

TO

OPINIONS, NOTES AND BRIEFS.

(Separate Index to Notes Precedes this.)

ABANDONMENT.

taneously a proceeding to enforce his me-
Of Condemnation Proceedings, see chanic's lien against the property and an
EMINENT DOMAIN, 10, 11.

action against the contractor for the

amount due him, in which he attaches
ABUTTING OWNER.

funds due the contractor from the property
Punitive Damages to, for Cutting
owner. Hunt v. Darling (R. I.)

497
Trees in Highway, see DAMAGES,

2. A note for principal, and one for in-
14.
Liability to, for Removing Trees in terest, signed by the same maker and se-
Highway, see HIGHWAYS, 2.

cured by the same mortgage, may be en-

forced in one action. Kleis v. McGrath
ACCORD AND SATISFACTION.

(Iowa)

260
The payment of less than is due will dis-

Dismissal.
charge the debt when an agreement to that Of Suit Commenced after Suit Begun
effect is fully executed, and the discharge

in Different Court, see COURTS, 9.
is evidenced by a written receipt for the 3. After a valid plea of set-off has been
lesser sum in full satisfaction of the greater filed, the plaintiff is not entitled to dismiss
one. Dreyfus v. Roberts (Ark.) 823 his action, so as to interfere with the

rights of the defendant, except . upon suf-
NOTES AND BRIEFS.

ficient cause shown. Wilson v. Exchange
Bank (Ga.)

97
Accord and satisfaction; payment of
less than is due as; effect of giving receipt

NOTES AND BRIEFS.
in full.

823

Action or suit; election of remedy. 497
ACCOUNT.
Of Partnership Affairs, see PARTNER ACT OF GOD.

Carrier's Liability for Loss Due to, see

CARRIERS, 9; PROXIMATE CAUSE, 1.
ACTION OR SUIT.

NOTES AND BRIEFS.
Place of Trial for Crime Committed in
Two Counties, see COURTS, 1, 2. Act of God; what constitutes.

509
Stay of Suit Commenced after Other

Action Begun in Different Court, ADMIRALTY.
see COURTS, 9.

Apportionment of Damages in, see
In Whose Name Action to Enforce Or-

DAMAGES, 8.
der for Support in Insane Asylum

Application of Doctrine of Last Clear
Brought, see INCOMPETENT PER-

Chance in Admiralty Case, see
SONS, 1, 2.

NEGLIGENCE, 10.
Stay of Action
Purchase Money

NOTES AND BRIEFS.
Note, see INJUNCTION, 5.
Right to Maintain Replevin, see RE-

Admiralty; action in, for personal inju-

ries; considered as one of collision between
PLEVIN, 3-6.
Availability of Defense that Statute is two vessels; division of damages in case

Invalid as to Other Corporations, of mutual fault; same rule of damage ap-
see STATUTES, 1.

plied in action for personal injuries as in

case of collision; common-law rule of con-
1. A subcontractor may pursue simul. I tributory negligence not recognized in ad-

SHIP, 3-5.

on

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