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THE

CENTRAL LAW

LAW JOURNAL,

ALEXANDER H. ROBBINS, Editor.

VOLUME 56.

JANUARY-JUNE, 1903.

ST. LOUIS, MO.:
CENTRAL LAW JOURNAL COMPANY

1903.

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TABLE OF CASES.

This list includes only those cases commented upon editorially or in our Notes of Important Decisions, or in full annotated. The abbreviation Ed., indicates editorially-R. D., cases commented upon in our Notes of Important Decisions, and ann. case, annotated case.

Adams v. Elseffer (Mich.) Evidence-Evidence of Char.

acter in Civil Suits, R. D. 252. Berlet v. Weary (Neb.) Persoual Process-Privilege of

Members of Legislature as to Service of Summons,

ann. case, 370. Bernhardt v. Curtis La.) Bankruptcy Effect of Un

expired Lease, ann. Case, 107. Blackstone v. Miller (U.S. S. C.) Situs of Property for

Purposes of Inheritance Taxation, Ed. 381. Brand v. Connery (Mich.) Creditors' Bill Following

Improvements by Husband on Wife's Property, ann.

case, 271. Bronson v. Albion Telephone Co. (Neb.) Telephones

Erection of Poles as an Additional Servitude on
Highway Entitling Abutting Owner to compensa.

tion, R. D. 322. Brown v. LaSociety Francais (Cal.) Hospitals-When

is a Hospital “Charitable" so as to Exempt it from Liability for the Negligence of its Employees, R. D.

464. Burks v. Bosso (N. Y.) Civil Rights Boo black Stand

as a “Public Accommodation,” R. D. 423. Burt v. Union Central Life Insurance Co. (U.S.S. C.)

Life Insurance-Execution of Insured for Crime as a
Legitimate Risk Under a Life Insurance Policy, R. D.

302. Callicott v. Allen (Ind.) Right to Recover on a Mortgage

which has been Transferred by the Mortgagee to, or Executed in Favor of, a Resident of Another State,

for the Purpose of Evading Taxation, Ed. 461. Cannon v. Merry (Ga.) Intoxication- A Public Dispen

sary Operated Unlawfully by a Town, as a “Blind

Tiger,” R. D. 183. Champion v. Ames (U. S. S. C.) Right of Congress un.

der its Power to Regulate Commerce to Probibit the

Shipment of Lottery Tickets by Express, R. D. 341. Chicago, B. & Q. Ry. Co. v. Winfrey (Neb.) Negligence

-Contributory Negligence in Jumping from Moving

Train, R. D. 443.
Chicago Terminal Transfer Vo. v. Schmelling (III.)

Whether Passengers Going to or from Trains are
Guilty of Contributory Negligence in Failing to Stop,
Look and Listen when Crossing Intervening Railroad

Tracks, Ed. 41.
Clayton v. Hallett (Colo.) Municipal Corporations-City

as Trustee of Public Charity Under a Will, R. D. 203. Currell v. Railroad (Mo.) Pleading-Application of the

Rule of Express Aider to Cases of Contract in which

Essential Provisions have been Omitted, R. D. 122. Eaton v. Brown (Dist. Col. App.) Wills upon Condition

-Effect of Failure of Condition, ann, case, 166. English and Ayling, In re (Eng.) Sheriffs and Consta.

bles - Right of Sheriff to Recover Fees out of Prop. erty Remaining in his Possession over Twenty-one

Days, R. D. 423. Fewings v. Mendenhall (Minn.) Street Railroads-In.

jury to Passenger from Missile Thrown by Membei

of Mob, ann. case, 289. Flanner v. Butler (N. Car ) Husband and Wife--Pur

chase of Land by Wife with Husband's Money, R. D

182. Foley v. Martin (Cal.) Sheriffs and Constables-Liabil

ity of Sheriff for Act of Deputy in Breaking into a Private Dwelling to Servc Process, R. D. 383.

Fox v. Willis (Ky.) United States

Validity of Contract by a United States Oficial to Collect a Claim against

the Government, R. D. 402. Gelbough v. West Side Amusement Co. (N.J.) Nuisance

-Noises Produced by Sunday Ball Games as Consti

tuting a Nuisance, R. D. 162. Georgia Railroad Co. v. Maddox (Ga.) Nuisance

Switching of Railroad Cars on Sunday as a Nuisance,

R. D. 162. Gilbert v. The Washington Beneficial Endowment Asso.

ciation (Dist. Col. App.) Insurance Companies Settlement of Affairs in Case of Insolvency – Prac.

tice, ann, case, 450. Goldsberry v. State (Neb.) Criminal Law- Testimony of

Collateral Transactions to Show Intent, RD. 123. Henley v. Wilson (Cal.) Husband and Wife-Liability

for Wife's Torts, ann. case, 10. Homestead Mining Company v. Reynolds (Colo.) Fraud.

ulent Conveyances--Conveyance of Mining Property

for Stock in Mining Corporation, R. D. 203. Hyatt v. New York (U. S. S. C.) Actual Presence of Ac

cused within the Demanding State in Order to Con.

stitute him a Fugitive from Justice, Ed. 421. Jarman V Rea (Cal.) Libel and Slander-Whether a

False Newspaper or Individual Criticism of a Candidate for Office is a Privileged Communication, R. D),

246. Johnson v. Cooley (Tex.) Trial and Procedure - Viola.

tion of Rule Excluding Witness from the Court Room, as Justifying the Court in Refusing to Per

mit Certain Witnesses to Testify, R. D. 82. Kavanaugh Manufacturing Co. v. Rose'n (Mich.) Sales

Unfavorable Report by Commercial Agency of Pur. chaser's Financial Standing as Justifying Seller's

Failure to Perform, R. D. 103. La Follett v. Mitchell (Oreg.) Res Adjudicata - What

are the Necessary Points of Controversy of a Case Involved in a Judgment Therein, Where there are

Several Defenses, R. D. 2. Langdon v. Coplin (Neb.) Attorney and Client

Validity of Contract with Third Person for the Pro

curement of Clients and Witnesses, R. D. 382. Lawshe v. Tacoma Railway Co. (Wash.) Street Rail

roads-Right of Passenger to Travel on Transfer not

Properly Punched, R. D. 283. Leake v. Lucas (Neb.) Family Necessaries- Liability of

Wife for Expenses of Medical Attendance, ann. case,

428. Liverpool, etc , Ins. Co. v. Lumber Co. (Okla.) Insur.

ance-Parol Waiver of Conditions of Policy With or

Without Authority of Agents of Officers, R. D. 3. Livingston v. Livingston (N. Y.) Constitutional Law

Alimony as a Vested Right Protected from Subse.

quent Modificaton, ann. case, 467. Livingston v. Page (Vt.) Public Policy - Contract to

Support Candidates for Political Preferment, R. D.

103. McNulty v. Mt. Morris Electric Light Co. (N. Y.) Right

to Jury Trial in Equitable Actions where it Appears that the Right to Equitable Relief has passed Away

after Commencement of Suit, ann. case, 69. Males v. Sovereign Camp Woodman of the World (Tex.)

The Doctrine of Vested Interest ag. Affecting the
Question of Survivorship, where the insured and
Beneficiary in a Benetit Certificate Perish in a Com.
mon Disaster, R. D. 62.

Marshall & Bruce Co. v. City of Nashville (Tenn.) Muni

cipal Corporations - Constitutionality of Ordinance

Requiring Cnion Label, ann. case, 409. Missouri, K. & T. Ry.Co. v. Merrill (Kan.) Railroads Lia

bility for Furnishing Defective Car to Connecting

Line, R. D.224. Naturita Canal and Reservoir Company v. The People

(Colo.) Is the Proceeding for Punishinent of the Violation of an Injunction, Civil or Criminal, R. D.

383. Normile v. Navigation Co. (Oreg.) Carriers - Partial

Exemption from Liability for Negligence, R. D. 123. Otis & Gassman y. Parker (U. S. S. C.) Constitutional Law

· Right of State to Invalidate Sale of Stocks on Margin, ann. case, 231. Page v. District of Columbia (Dist. Col. App.) Intoxicat

ing Liquors - Exemption of "Congressional Restaurants” froin the Operation of License Laws of the

District of Columbia, R. D. 143. Parsons v. Lewiston Street Railway (Me.) New Trial

When Newly Discovered Evidence, Even if Cumula

tive, will be Ground for New Trial, R. D. 43. Payne v. United States (Dist. Col. App.) Right of the

Postmaster General or any of the Other Secretaries of the Federal Government to make Regulations for

their Respective Departments, Ed. 21. People v. Curiale (Cal.) Witnesses- Is Unlawful Sexual

Intercourse such Cruelty toward the Wife as Will
Qualify her to Testify against her Husband, R. D.

182. People v. Hyatt (N. Y.) Habeas Corpus as a Proper

Remedy to Secure Release of a Prisoner About to be
Extradited by the Governor to Another State as a
Fugitive from Justice who has never been in the

Demanding State, Ed. 61.
People v. McDaniels (Cal.) Former Jeopardy--Convic-

tion of Battery as Bar to Prosecution for Assault to

Commit Murder, R. D. 244. People v. Mills (Colo.) Constitutional Law – Right to

Enjoin Submission of Constitutional Amendments to

Voters, R. D., 182. People v. Smith (N. Y.) Evidence - When the Silence

of a Party can be Admitted as Evidence against

Him, R. D 63. Quatsoe v. Eggleston (Oreg.) Lottery-Validity of Vot.

ing Contest, ann. case. 332. Rowe v. Rugg (Iowa.) Schools and School Districts

Jurisdiction of Schoolmasters over Children out of

School, R. D. 465. Russell v. State (Seb.) Juries--Coercion of Juries by

Forcmg Them to Continue in Consultation Without

Sleep or Food, R. D. 262. School of Magnetic Healing v. McAnnulty (U. S. S. C.)

Mental or Magnetic Healing as a Fraudulent Scheme

to be Excluded from the Mails, Ed. 1. Shannon v. Shannon (Mo. App.) Divorce - Child Born

After Decree-Order for Maintenance, ann. case, 209. Siever v. Union Pacific Railway Co. (Neb.) Injunction

Right to Enjoin Multiplicity of Garnishment Pro. ceedings Instituted for the Purpose of Harassing

Defendants, R. D. 463.
Southern Railway Co. v. De Sanssure (Ga.) Carriers-

Right of Purchaser of Commutation Ttiket to Free
Passage When He Fails to Produce his Ticket on the

Train, R. D. 142.
State v. Barry (S. Dak.) Is It Error to Refuse to Give a

Charge Because Handed' up too Late, R. D 283. State v. Bartlett (Mo.) Whether a Man May Resist a

Public Horse. Whipping by Killing his Antagonist,

Ed. 101. State v. Bolln (W'yo.) Constitutional Law-Validity of

Special Juries, ann, case, 128. State v. Burns (Iowa.) Trial and Procedare-Arguments

of Counsel, R. D. 422. State v. Davis (Web.) Evidence-United States Census

Reports as Evidence of Population, R. D. 262.

State v. Ellis (Wash.) Self Defense-Evidence of Dan.

gerous Character of Deceased, ann. case, 148. State v. Height (Iowa) Compulsory Physical Examina

tion of Defendant, ann, case, 89. State v. Jackson (N. H.) Constitutionality and Con.

struction of Compulsory Education Laws, Ed. 361 State v. King (Iowa) Witnesses-Rule for Testing the

Competency of Infants as Witnesses, R. D. 44. State v. MacKnight (N. Car.) Physicians and Surgeons

Practicing Osteopathy Without a License, ann.

case, 189, State v. Maxwell (Iowa) Seduction-Can a Man Be Se.

duced into Carnal Intercourse with a Female, R. D.

43. State v. Meysenburg (Mo.) The First Set-Back to the

State in the St. Louis Bribery Investigation, Ed. 121. State v. Phillips (Iowa) Evidence-Identity of Objects

Introduced in Evidence, R. D. 102. State v. Pierson (N. Y.) Criminal Liability of Parent of

Child Who Dies Without Medical Treatment, Ed. 261. State v. Scheve (Neb.) Reading the Bible in the Public

Schools as Offending the Constitution, Ed. 81 State v. Smith (III.) Attorneys-Advertising for Divorce

Business as Ground for Disbarment, ann. case, 389. Steber v. The Railroad (Wis.) Whether Passengers Go

ing To or From Trains Are Guilty of Contributory Negligence in Failing to Stop, Look and Listen when

Crossing Intervening Railroad Tracks, Ed. 41. Sweet v. Ballentine (Idaho) Constitutional Law-Right

to Prohibit the Grazing of Sheep on the Public Do.

main, R. D. 223. Taff Vale Railway Co. v. The Amalgamated Society of

Railway Servants (Eng.) Civil Liability of Unincorporated Labor Unions and the Members Thereof,

Ed. 221. Takuji Yamashita, In re (Wash.) Aliens-Eligibility of

Japanese to Naturalization, R. D. 142.
Thousand Island Park Association v. Tucker (N. Y.)

Associations-Right of Camp Meeting Association to
Prohibit the sale of Merchandise on Premises, R. D.

363. Trembley v. Harmony Mills (N. Y.) Negligence-Dis

charge of Snow and Ice on Sidewalk, ann. case, 31. Union El. R. v. Nixon (III.) Contracts—Validity of Con

tract to Procure Property Holders' Consents to Con.

struction of Elevated Railroad, ann, case, 49. United States v. John Hay (Dist. Col. App.) Mandamus

Directing the Secretary of State to Enforce a Private

Claim Against a Foreign Government, R. D. 161. United States v. Northern Securities Company (U. S. C.

C., D. Minn.) Monopolies Combinations in Re. straint of Interstate Commerce under the Sherman

Anti-Trust Act, ann. case, 349; Ed. 241. Wabash Railroad v. Hanniban (U. S. C. C., E. D. Mo.,

Labor and Labor Unions—Right to Enjoin the Calling

of a Strike, ann. case, 306; Ed. 201. Walsh v. Association of Master Plumbers of St. Louis,

Mo. (Mo. App.) Monopolies--Regulation of Prices

by Plumbers' Association, ann, case, 251. Watkins v. Kaolin Manufacturing Co. (N. Car.) Negli.

gence-- Right of Action for Injury Resulting from

Fright, R. D. 244. Western R. R. v. Milligan (Ala.) Master and Servant

Negligence of Superintendent in Tickling Servant

Not an Act of the Master, R. D. 302. Whitmeier & Felbrick Co. v. City of Buffalo (U. S. C. C.,

W. D. N. Y.) Municipal Corporations - Right of a

City to Prohibit the Erection of Bill Boards, R. D. 244. Wood v. Casserleigh (Colo.) Contracts Validity of

Contract to Supply Evidence, R. D. 343. Wood's Estate, In re (Cal.) Marriage Extra-Terri.

torial Force of Statutes Prohibiting a Remarriage for a Definite Period after a Decree of Divorce, R. D 23.

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