Variation of contracts as affected by; article
from Irish Law Times, 654.

Parol contract not to carry on business for two
years, not within the statute, 726.

STAY LAWS.

History of in Texas, 449.
STOPPAGE IN TRANSITU.

Rescission of sale and stoppage, when not an illegal
preference under bankrupt law, III.
Has become a legal right; the right defined;
against whom it may be exercised; effect of ex-
ercising it; case in judgment illustrating this
right. Morris v. Shryock, 235.

STREET RAILWAY CHARTER.

Construction of a, with reference to question of
privilege, 305.

STREET RAILWAYS.

Duty to bring cars to full stop for passengers to
alight, 434.

Iowa statute as to appropriation of streets and
alleys applies to; not a nuisance, although or-
dinance authorizing it repealed, 615.

SUBROGATION.

Of purchase under Confederate sequestration act
to benefit of debt secured on the land, etc, 774.
SUNDAYS.

Validity of injunction issued on Sunday, 115.
Sunday amusements; the Brighton acquarium
case, 453.

Sunday traveling; injuries through defective high-
ways, 662.

[As to Sunday contracts, see CONTRACTS.]
SUPPORT OF LAND.

Right to lateral support not acquired by prescrip-
tion against municipal corporation, 304.
Reservation of mines in conveyance; surface
owner's right of support; construction of clause
concerning compensation by mineral owners,
451. Same; article from London Law Journal,
655.

SUPREME COURT OF MISSOURI.

Contribution between co-sureties, 354.

no

Effect of agreement between holder and maker
that further time shall be given, but that
delay of demand shall interfere with any claim'
upon the endorsers, 434.

Who are sureties in a promissory note, 434.
Liability of sureties in appeal bond, 482.
When surety may sue principal; when, after giv-
ing his own note with security and taking up
principal's note, 482.

Adjustment by state auditor of tax collector's ac-
count, does not discharge sureties. People v.
Brown, 543.

Discharge of sureties on tax collector's bond by
legislature extending time for settlement. John-
son v. Hacker, 625.

Does part payment by principal arrest statute of
limitations as to surety? 647, 677.

Surety released by surrender of collateral de-
posited for his indemnity, 661.

When entitled to relief against principal on bill
quia timet, 679.

Sureties on assistant treasurer's bond, not liable
for his defaults as stamp agent, 792.
TAXATION.

United States Internal Revenue.
Action on distiller's bond; capacity tax; time
during which distillery could not be operated
to be deducted; erroneous assessment not ap-
pealed from, how far res judicata, 83.
Action against bank for failing to make return of
net earnings; what the complaint should spec-
ify. United States v. The State Nationa
Bank, 107.
Succession tax; when "accrues" to government,
599.

United States direct tax; certificate; evidence;
assignment, 677. Effect of acts of commis-
sioners, 678. Powers of officers of treasury
department, 678. Evidence; title of former
owner, 678.

Production of books and papers; act of June 22,
1874, construed. United States v. Distillery,

Organization of, 358.

SUPREME COURT OF UNITED STATES.

Admiralty cases in, I

Remedies suggested to prevent delay of business

in, 2, 55, 101, 512, 545.

Rule 20 of, amended, 16.

Authority to create debt implies authority to tax.
Citizens, etc., Asso. v. Topeka, 156.
Without power to tax, debt void. Ibid.
Taxation by, in aid of manufactures, void. Ibid.
Power to tax to raise money to execute trusts.
Sargent v. Cornish, 380.

Laws levying tax in aid of private enterprises void.
Citizens, etc., Association v. Topeka, 150, 156,
167.

Power of equity to restrain; equalizing assess
ments; duty of board of supervisors in Illinois,
227.

Trespass de bonis asportatis against tax collector
by lien holder, 324.

Can property in hands of receiver be sold for
taxes? 601.

Constitutional exemption from taxation of insti-
tution of purely public charity; taxation of
Catholic schools in Ohio, 632.

Application of collector for judgment; proceed-
ings; evidence; appeal; costs, 661.
When equity will not enjoin, 678.

Equity jurisdiction to restrain; allegation of irre-
parable injury; joinder of several complainants
in bill to restrain tax. Youngblood v. Sexton,
700.

Act limiting the enjoining of the collection of
taxes not unconstitutional, 775.
Taxes not subject to set-off, 678.

TELEGRAPHS.

The law of; article by T. C. Spellings, 198.
Liability of, for damages for failing to deliver cor-
rectly dispatch ordering sale of hogs, 616.
Reasonableness of stipulation in telegraph blank;
unrepeated message; liability, 631.

The law applicable to the negotiation of contract
by, 547.

Liability of telegraph companies for mistakes and
delays in sending messages, 731, 747-

TENANTS IN COMMON.

Rights of part owner against licensee of co-owner,
452.

Crop grown by one, is absolutely his, 678.
TENDER.

Withdrawal of currency tendered under unau-
thorized order of court, 598.

TERRITORIES.

Veto power of governors of, 453.
TEXAS CATTLE.

Statutes forbidding the importation of, 288, 777,
839.

THEATRES.

IOI, 149.

Appellate jurisdiction of, over final judgments

and decrees of the state courts. Murdock v.
Mayor and Aldermen of Memphis, 134, 135.

151.

Jurisdiction limited to federal questions; grounds
on which it will be exercised, stated. Ibid.
What not a federal question, 160.

Writ of error to state courts issues to review last
judgment and decree only, 161, 163.

Question of jurisdiction of state court to be avail-
able in, must be raised below, 161.
Appeals and writs of error to; effect of statutory
limit as to jurisdiction, 212.

Practice where judgment appealed from, is not in
the record, 371.

Affirmance of judgment for want of assignment
of error, 372.

Mode of presenting questions for review in, where
jury has been waived, 601.

A defect pointed out; suits upon coupons clipped
from bonds, 743.

Writs of error lie only to final judgment of high.
est court of state, 745.

Writs of error from, to state courts ;" right, title or
immunity arising under," the laws of the United
States. Long v. Converse, 830.

SURETIES.

[See also GUARANTY.]

Release of; agreement to pay interest after note
is due, 35.

Discharge of, by extension of time, 278.
Defence by sureties on tax collector's bond, that
auditor made mistake in stating collector's ac-
count, bad, 259.

Tax on wholesale dealers unconstitutional, 305.
Constitutionality of occupation tax. Texas Bank-
ing, etc., Co. v. Texas, 691.
Constitutionality of Michigan tax on liquor deal-
ers. Youngblood v. Sexton, 700.
Taxation of insurance premiums; tax due on
whole sum collectible, and not alone on amount
actually paid, 710.

When good as against United States patent, 354.
Title under United States direct tax, 450.
Rights of holders of lands in Kansas under void
tax deeds. Smith v. Smith, 720.
Miscellaneous.

Of school lands which have been sold on credit,
96.

A statute providing that, on failure of a township
treasurer to make return of a tax-warrant is-
sued to him in the time therein provided, the
county treasurer shall issue execution against
him, is not unconstitutional, 99.
Constitutionality of laws exempting manufactur-
ing establishments from taxation, 114. Or rail
way corporations, 449.

A birds-eye view of the court and counsel in, 126,
159, 189, 221, 272, 319, 400, 445, 463.
Comments upon, 533.

TORTS.

[See also NEGLIGENCE; TREPASS, and various
other appropriate titles.]

Right of action for being bitten by a malicious
dog; scienter of owner; measure of damages,
34.

TRACY, B. F.

Sketch of, 221.

TRADE MARK.

Name of a town can not be, 438.

Equity will not protect trade-mark covering dele-
terious substance against infringement, 598.
When one may use his own name as trade-mark,
663.
Deception upon public by use of the word patent;
when defendant may take advantage of Con-
solidated Fruit Jar Co. v. Dorflinger, 721.
TRESPASS.

Kicking of mare by horse through boundary fence
whether damage too remote, 51.

Lessee of mines under verbal contract may main-
tain trespass for taking ore, 663.
When defendant in trespass quare clausum will be
entitled to general verdict. 711.
Records of town admissible to show title in those
through whom defendant claimed, 711.
Liability of grantee of growing timber for entering
to remove same after expiration of reasonable
time; measure of damages, 711.

In cutting down and removing timber; measure
of damages, 711.

TRIAL BY JURY.

Effect of not entering waiver of, upon record,
223.

Observations of Hon. Charles S. May, upon, 230.
Judicial interference with juries, 247.
Reforms in jury system proposed, 261.

When prisoner entitled to general verdict. Un-
derwood v. People, 315.

Act taxing losing party with jury fees unconsti-
tutional, 533.

Comments of the Irish Law Times on the
functions of juries, 573.

Comments on the jury system, 730.

Right of, not prejudiced by internal revenue law
of June 22, 1874, 749.

Construction of statutes requiring charge to be
in writing; such statutes mandatory. Duncan
v. State, with note by J. O. P., 90.

TRAMPS.

Some observations on the tramp nuisance, 565.
TRUSTS.

[See also MARRIAGE SETTLEMEMTS.]
What acts amount to a declaration of, 51.
Trustee buying at his own sale, 163.
Defaulting trustees; assignment; account, 179.
When reconveyance by trustee of barren trust
will be presumed, 192.

Trust running with land not barred by limitations,
290.

Stock dividends are additions to the capital stock,
and not income; and hence go to remainder-
man and not to life-tenant, 403.

Enforcement of executory trust in equity, 775.
Resulting.

Estoppel by accepting lease, 96.
Article from Law Times, 479.

Director of railway company purchasing railway
at judicial sale, chargeable as trustee, 598.
Entry of land by one person in name of another,
727.

UNDUE INFLUENCE.

Vendor's lien, how enforceable out of property
set apart to widow as homestead, 449.
Sale at auction, subject to conditions as to title;
misrepresentation; specific performance, 483.
Voluntary conveyance with covenant to erect
messuage, 484.

VENUE CHANGE OF.

[See PRACTICE.]
VERDICT.

When conclusion of law upon facts found will be
regarded in the light of special verdict, 192.
Unanimity of, 681, 715.

VOGT, CARL.

Extradition of, 36.

VOLUNTARY ASSOCIATIONS.

May maintain trover for property taken by retir-
ing members, 726.

VOLUNTARY SUBSCRIPTIONS.
Decedent's estate not liable for, 178.
VON ARNIM.

Trial of, 36.

WAIVER.

[See GOVERNMENT CONTRACTS.]
WAITE, MR. CHIEF JUSTICE.
Brevity of his opinions, I,

U. P. R. R. Co. v.

Right of United States to recover 5 per cent of
net earnings of; same recoverable in action at
law. United States v. Kansas Pacific R. R,

Co., 801.
Right of government to retain money due
Union Pacific Railroad for transportation of
mails, etc. United States v. Union Pacific R. R.
Co., 831.

UNITED STATES COURTS.

[See JURISDICTION.]

Condemnation of property under laws of; infor-
mation under act of 1861, 289.

Sale of property under deed of trust, grantee
residing within insurrectionary lines, 321.
Effect of suspension of commercial intercourse
on statute of limitations, 434.
Captured and abandoned property act; right of
recovery under it, 482.
Citizen of New York could not acquire property
in Savannah during suspension of intercourse,
nor claim same under captured property act.
528.

Trading across military lines illegal, 528.
Various decisions of the U. S. court of claims

under the captured and abandoned property
act, 528, 529.

Alien enemies may be sued, and property sub-
jected, 661.

Dissolution of partnerships by. Mathews v. Mc-
Stea, 800.

Status of southern courts during the, 149.

Effect of, on authority of agent to receive pay-
ment, 227.

Effect of on contracts of life insurance, 243, 500.
WATERCOURSES.

Owner of diverted stream, where diversion has
lasted from time immemorial, has proprietary
right in it. Holker v. Porritt, 476.

Proof of user; change in use of stream; burden
of proof, 488.

Ancient dam overflowing lands of another; effect
of proof of user for twenty years, 500.
Ownership of islands springing up in Missouri
river; distinction between "avulsion" and
"gradual and imperceptible accretion," not
applicable to the Missouri river. Benson v.
Morrow, 798; commented on, 793.
Overflow may be made by keeping dam in repairs
although flow has been diminished for several
years by being left out of repair, 575.
Prior use, unless for period of prescription, does
not give exclusive right to use of water, 728.
WAREHOUSEMEN.

[See NEGLIGENCE; CARRIER.]
WASTE.

Remedy for in equity, 695.

Death of, 181.

WIDOW'S ALLOWANCE.

Whether widow is barred of her statutory allow-
ance by an ante-nuptial agreement, 259.
Is a judgment, not impeachable, and not subject
to off-set, 449.

Where homestead has been set apart to widow,
proceedings to enforce vendor's lien, 449.
WIFE'S SEPARATE ESTATE.
[See HUSBAND AND WIFE.]

WILL.

Devise; "Issue," when a word of limitation;
limitation over; estates tail; disclaimer, 82.
When real estate, as to which the testator died in-
testate, shall be sold for the payment of a legacy,
83.

Foreign will; renunciation by widow, 113.
Special devise, when absolute, 130.

Legacy made upon condition of legatee's personal
affection therefor, 179.

Jurisdiction of courts of equity to grant relief in
case of forgery or alteration of; effect of laches
in such case. Kiely v. Glynn, 184.
"Children" means legitimate children; evidence
of intention, 194.

Evidence of declarations of testator, when admissi-
ble, 195.

Child in ventre sa mere, 195.

Legacies given by duplicated codicils, 195.
Legacy which vests in estate, 227.

Failure of legacy through emancipation of slaves,
305.

Devise; sale by him; answer to query, 352.
Bequest to charitable purpose, when upheld, 354,
Effect of bequest of money to municipal corpora-
tion to be expended in the purchase and display
of United States flags. Sargent v. Cornish, 380.
Effect of devise to executors with power to seil,

401.

The word "children" embraces illegitimate
children, when, 451.

Gift to a class; bequest by A. to the nephews and
nieces of B., "who were living at the time of
his decease," 483.

Power of husband to dispose of a life insurance
policy by will. Williams v. Corson, 520.
Testamentary capacity and "undue influence,"
531.

Devise of an estate in fee in remainder to take ef-
fect upon the falling in of three lives; partition,
547.

If devisee induces testatrix on death bed not to
sign codicil by orally agreeing to convey, court
of equity will enforce agreement, 599.
Validity of will written on a slate, 651.
Survivorship; construction; sale of contingent
interest in legacies, 661.

Testimony of non-professional witnesses admissi-
ble to prove want of testamentary capacity, 825.
Construction of will in Reck's appeal, 631.
Executory devise; the words "in trust
scriptive merely, 694.

as de-

Devise of proceeds of land when sold; vested in
remainder in fee; restrictions on right of alien-
ation, 727.

WITNESSES.

Fees of, 34.

Privileges of, before Congress, 100.

To refuse to testify before grand jury as to gam.
ing, on the ground of criminating himself, 180-
Privilege of, before military tribunals with refer-
ence to actions for words spoken. Dawkins v.
Lord Rokeby, 485, 491.

Liability of, generally, for words spoken on wit-
ness stand, 503, 518.

Right of witness to decline to answer where an-
swer will criminate him; duelling, 531.
Impeachment of, on account of habits of blas-
phemy, 573.

When lunacy will render witness incompetent;
court judge of competency, 599.

Mode of enforcing attendance of, in New Hamp-
shire, 710. In capital cases, 711.
Impeachment, evidence of former conversations,

711.

Admission of having been guilty of felony com-
petent as affecting credibility, 711.

Legislature of Canada may compel attendance of;
omission to specify cause in warrant no defence,
725.