Index-Digest

Home , Act of God, Digest (Roman law), Life insurance

Abortion -: on government vessels 125 Enforcement of laws against 246 -: foreign seamen i2 Accident Seamen's right to new contract before See .Insurance completion of voyage 323 Act of God Shipowner's right to limit liability in Force majeure: what constitutes 551 personal contracts 505-513 What constitutes: intervening human -: development and effect of the "per- agency 440 sonal contract" exception 507-513 Act of State Adverse Possession Application to acts not committed As a source of acquisition of com- abroad 94 munity property 735 Application to citizens, as well as aliens Innocent occupation under mistake as to boundary 94 195,450 Nature of 94 Minerals 748 Actions in Personam and in Rem Necessity of claim against specific See also Admiralty rightful owner 196 Constructive service: Pennoyer v. Neff Public highway 780 426 Title cannot be acquired against government 735 Adjoining Owners Trees severed from freehold: no re- See Estoppel covery against defendant in actual Administrative" Law adverse possession 787 See also Act of State, Constitutional Law, Elections, International Law, Advertising Martial Law, Quo Warranto See Process Criminal law: administration of Agency 240-262 See also Attorneys, Brokers, Contracts, Federal Government's immunity from Master and Servant, Process suit without consent 88o Distinction between pure agency rela- Judicial determinations by administra- tions and powers of attorney 283,294 tive commissions 181 Partial assignments: assignee has no Power of Congress to regulate state power of attorney to sue in assignor's primaries 90 name 9 Public officers: recovering taxes, paid 'Proprietary powers of attorney 283-298 under duress to a collector, from his -: origin and development 284 successor 537 '-:terminationof power 286 Removal of public officer: fairness of Ratification: application of doctrine to hearing 323 depositor who fails to notify bank of Substitution of successors in office of forged check 6o6 defendants in suit for injunction 894 Undisclosed principal: right to enforce Admiralty a contract under seal 94 See also Legal History, Seamen Aliens Collisions: can injury by a government See also Nationality vessel create a maritime lien? 879 Anti-alien land legislation: constitu- Death actions 115-126 tionality and validity under Treaty -: state death statutes given effect to with Japan 299 in admiralty courts 1I6 -: discrimination against heirs of citi- -: vessels to which federal death act zens 674 applies 120 Confiscation of ex-enemy private prop- Jurisdiction: admiralty remedy dis- erty: dangers of 435 placed by workmen's compensation Free speech: application of guaranty 561 to aliens 422 -: injury received on vessel subse- Naturalization: alien wife of alien 216 quent to launching but before com- Animals pletion 561 Animals ferae naturae: state control -: in rem action in state court for of 554 injury to object on shore 547 Mistake of fact as defence to statute -: maritime tort: action at common prohibiting killing domestic pigeons law 107 96 -: hydro-aeroplane a vessel 437 Anti-Trust Laws Rights of action growing out of death See also Restraint of Trade' of a seaman on navigable waters: "Open Competition plan": validity inside the marine league 122 643, 648 -: beyond the marine league 124 Picketing theatre, because owner oper- YALE LAW JOURNAL

enjoined 786 Auctions ates machine himself, Agreement to enhance bids, not a tech- Resale price maintenance: in general "puffing" agreement: legality 65o-655 nical 433 -: necessity of contract with dealer 651 Agreements for fictitious bids 431 Public sale: highest bid not accepted -: refusal to sell to dealers who will 887 not sell at stated prices 651 Puffing: effect 431 -: unfair competition in absence of contract with dealer 651 Automobiles .Bailor of defective automobile: lia- Rule of reason 644 lo9 of size of organiza- bility to third party -: preponderance Guest in automobile: care required of tion 646 i0i -: effect of unfair methods 646 of reg- control over prices and Jitneys: constitutional methods -: attempted ulating 183 production 646 of mail-carry- of intention 647 Licenses: motor trucks -: importance ing contractor not exempt from state -: necessity of showing power to-con- 216 trol prices 647 license Owner's liability' for son's negligent Arbitration and Award driving 785 Commercial- arbitration: English rule'54 Statute imposing road regulations: fail- 151 negli- early reasoning ure to violate as contributory -: fallacies in gence 219 Court of compulsory arbitration 43 New York statute on commercial arbi- Aviation tration: development 147 See Insurance -: purpose 149 Bailments 157 Liability of bailor of defective automo- -: scope log Specific performance of contracts con- bile to third party taining provision to arbitrate 67o When a bailment becomes a pledge 314 Army and Navy Bankruptcy See also .ConstitutionalLaw, Libel and See also Receivers Slander Bankruptcy Act of 1898 and Amend- Bonus legislation 78 ments sec. 9 585 Assignment 585 and Ten- see. 12 See also Covenants, Landlord sec. 14b 583 ant, Set-off and Counterclaim see. 16 585 Assignability of: right of action (a) 2 662 448 sec. 47 against surety. or guarantor sec. 6ob 662 -: heir's expectancy: conveyance by see. 67 596 both heir and ancestor 662 Completion of equitable lien within Duty of assignor to assignee - 771 four-months period 662 Gratuitous partial assignments: en- Discharge: how obtained 582-585 forcement in equity 1-14 Effect of discharge of bankrupt on Partial assignment of chose in action: existence of claims 591 nature of II Surety's right to indemnity: effect of -: action at law will not lie for principal's bankruptcy 582-597 assignee I Trustee's interest in life insurance -: equity will enforce 2 policy: payment by company to bene- -: not a contract 8 ficiary 325 9 -: not a power of attorney Banks and Banking : not a trust 10 See also Bills and Notes Power of attorney given at time of agent by death Authority of bank as collecting assignment not terminated check drawn on itself as 297 to accept of assignor payment of debt 437 Assumption of Risk Bank accounts: evidence necessary to Employer's Liability Act: no assump- indicate intent to make gift of 776 tion of risk of injury from unfore- Drawee bank's privilege to charge back seeable negligence of fellow servant check drawn by one depositor in 784 favor of another 95 Attorneys Escheat to state of unclaimed deposits Ignorance of counsel as ground for new in national bank 333 trial 450 Foreign exchange transactions: selling Implied power to bind client in judg- credit 416 ment by consent 324 -: whether within statute of frauds 417, 563 Attractive Nuisance See Negligence -: measure of damages when payment INDEX-DIGEST

of credit not effected 418 age contract void under statute of Forged check-duty of depositor to his frauds 447 bank 598-625 Building Restrictions -: cases considered 6oi See Restrictions and Restrictive Agree- -: effect of receipt of monthly state- nents ment 6oo -: negligence of depositor excuses Burden of Proof bank 6o6 Warranty denied by vendor 209 -: payment after notice to depositor Burglary that similar checks have been paid Breaking by one having authority to 621 enter 783 -: theories under which bank escapes Business Law liability: ratification 6o6 Development of the trust idea 467 -: estoppel 612 Business Trusts -: summary 624 See Anti-Trust Laws, Voluntary Asso- Money on current account: demand ciations condition precedent to cause of action Carriers against bank 326 See also Interstate Commerce, Railways Wrongful dishonor of checks: liability Jitneys: constitutional methods of reg- of bank 335 ulating 183 Bastards Liability for loss of baggage unaccom- See Death by Wrongful Act panied by passenger 664 Benefit Societies Regulation requiring claim for injury See Insurance to passenger to be made in thirty Bequests days 887 See Wills Challenges Bigamy See Jury Divorce decree obtained in foreign state Character through fraud: whether recognized See Evidence 548 Charitable Trusts and Corporations Bills and Notes See also Religion and Religious Insti- See also Banks and Banking, Conflict tutions of Laws "Trust" as an aid to charitable organi- Negotiable Instruments Law zations 466 sec. 62 522,548,619 Checks sec. 122 21 See Bills and Notes Alteration of payee's name on draft Child Labor Laws before certification: whether drawee Regulating child labor by federal taxa- may recover payment made to holder tion 310, 894 522, 548 Church Drawee bank's privilege to charge back See Religion and Religious Institutions check drawn by one depositor in Citizens favor of another 95 See Aliens Forged checks-duty of depositor to his bank 598-625 Civil Law Holder may renounce rights without See ComparativeLaw receiving consideration 21 Civil Service Presentation tardy because of sending Validity of statute preferring veterans check from payee's branch office to 204 payee's head office *187 Commissions Wagering transaction: recovery of See ConstitutionalLaw money paid by check 327 Community Property Black List See also Contributory Negligence See Trade Unions Nature and extent 734 Sources of acquisition of community Bonuses, Bounties, and Pensions property 734-746 See also Taxation -: adverse possession 735 Bonus legislation -78 -: improvements on property 741 Boycott Compacts See Industrial Courts and Legislation, See International Law Torts, Trade Unions, Unfair Compe- Comparative Law tition See also Insurance, Roman Law Brokers Corporate liability for unauthorized Contract giving "exclusive sale" to real acts of agent under civil codes 630 estate broker 674 Impossibility of effecting contractual Quantum meruit allowed under broker- incompetence 626-638 YALE LAW JOURNAL

Roman-Dutch law: history 568 Domain, Extradition, Freedom of juris- Speech and Press, Income Taxation, Separation of powers in British Judgments, 24-52 Interstate Commerce, dictions Power, Taxatio; not recognized in civil law 676 Police Trusts Amending constitutions: validity of Compromise and Settlement effect on nineteenth amendment 754 Workmen's compensation: limitation on recoverable of servant's -: state constitutional amount legislature to ratify federal settlement with tort-feasor 449 power of amendments 754 Conditions -: violation of rules of state legisla- Impossibility of performance by plain- tive procedure 757 tiff of condition precedent to contract Anti-alien land legislation 299,674 duty of defendant 549 Article four construed 161 Conflict of Laws Bonus legislation 78 See also Process Constitutionality cannot be raised in Construction of deeds governed by law collateral proceedings 889 of grantor's domicil 438 Construing provision of constitution to Constructive service in suits regarding apply to aliens as well as citizens 423 intangible property 427 Equal protection of the laws: con- Contracts: all the effects need not be strued to secure equal protection not governed by same law 65 only for all but against all 411 -: Bustamente's view of law appli- -: denying alien privilege of free cable to determine effect 56 speech 424 -: difficulties in applying law of place -: ordinance valid on its face: dis- of performance 6o crimination in administration 450 -: effect given by application of: -: reasonableness of classification: common national law 55 employers and employees 413 -: common domiciliary law 56 -: statute limiting use of injunctions -: law of debtor's domicil 57 in labor disputes 408 -: law of place of contracting 58 Foreign corporations: revocation of -: law of place of performance 57 license for removing suit to federal -: law applicable determined by na- court 772,824 ture of contract, condition of parties, Fugitive slave acts constitutional and situs of property 62 161-182 -: law governing meeting of the Imprisonment for use of own money minds 53 for other purposes than paying debts -: law of place of performance usu- 439 ally governs mode of performance 68 Initiative and referendum amendment -: validity and effects 53-72 construed to repeal provision for re- De Facto Recognition: whether court districting state by executive 783 may disregard legislation of govern- Judicial inquiry into purpose of act ment so recognized because contrary constitutional on its face 313 to public policy of forum 85 Judicial review: emergency clauses in Divorce decree obtained in foreign state legislation: whether legislative decla- through fraud: whether recognized ration conclusive on courts 204, 655 in prosecution for bigamy 548 Powers of Congress to regulate state Foreign judgments: enforcement of 9o 107 primaries Searches and Seizures: in general 518 Foreign revenue laws: when applicable -: admissibility of evidence secured by to bills and notes 771 illegal seizure 520 of accepting in Renvoi: advisability -: Fourth and Fifth Amendments no cases of divorce proceedings based protection from wrongful acts of in- 191 upon constructive service dividuals 335, 519 Conformity Act -: history 51S See Execution -: requisites of lawful search 519 Consideration Separation of Powers:. in British juris- Partial assignment of chose in action dictions 24-52 enforceable without consideration 13 -: doctrine applies where there is no Pre-existing duty 675 rigid or written constitution 24 Rule in Foakes v. Beer challenged -: elements of doctrine 25 15-23 -: executive commissions of inquiry Conspiracy 27 Conspiracy not to insure: malicious -: industrial courts, nature of powers motive 672 exercised by 33 Constitutional Law -: judicial power, nature of 38 See also Administrative Law, Bonuses, -: "normal sequence" defined 25 Bounties & Pensions, Civil Service, -: "powers," meaning of 26 Due Process, Elections, Eminent State compacts-power of state to INDEX-DIGEST

make: in general 635 Failure to violate statute imposing road -: with other states 636 regulations 219 -: with foreign powers 638 Guest in automobile: what constitutes Constructive Trusts contributory negligence of iOi Oral promise of grantee to convey to Imputed negligence: in general 639 plaintiff 214 -: negligence of husband imputed to Consuls wife under community interest stat- See Diplomatic and Consular Officers ute 640 -: not applicable to wrongful death Contempt 642 Publication criticizing terminated case should be confined to express not contempt of court 216 agency 643 Contingent Remainders Conversion See Vested Contingent and Future See Trover and Conversion Interests Conveyances Contracts Effective transfer of property does not See also Act of God, Admiralty, require quid pro quo 18 Agency, Arbitration and Award, Auctions, Conditions, Consideration, Copyright Covenants, Illegal Contracts, Infants, Common-law copyright: producer's Master and Servant, Negligence, rights in creation 550 Offer and Acceptance, Quasi-Con- -: nature and effect of "publication" tracts, Restraint of Trade, Sales, 550 Seals, Specific Performance Corporations Assignor's implied contract not to de- See also Anti-Trust Laws, Carriers, stroy rights of assignee 771 Charitable Trusts and Corporations, Construction : "void" interpreted to Income Taxation, Process, Public mean "voidable" 217 Service Law, Quo Warranto, Rail- Contractual incompetence, impossibility ways, Receivers, Religion and Re- of effecting 626-634 ligious Institutions, Restraint of -: policy of doctrine 633 Trade, Taxation, Voluntary Associa- De facto government: responsibility tions for contracts 487 Effect of contract beyond powers 63o Foakes v. Beer: rule challenged 15-23 English corporation law in the I6th and Impossibility of performance by plain- I7th centuries 382-407 tiff of condition precedent to contract creation .of incorporate persons 382 duty of defendant 549 -: dissolution 398 License created by contract to sell : nature of corporate personality 405 standing timber, inoperative to pass -: powers, capacities, liabilities 385 title 328 Gross-receipts tax: as measure of Negligent value of the privilege of corporate performance of 896 existence 8o6 Partial assignment of chose in action -: as price of existence of incorpora- not an executory contract 8 tion 8o8 Public service corporation's implied -: on foreign corporations 8io contract to serve citizens: recovery Negligence: stock certificate signed in by citizen as third party beneficiary blank by officers stolen by employee 211 773 Receiver's office in connection with un- Power of Congress to vary corporate completed corporate contracts 693 charter by regulating commerce 878 Release by creditor gives rise to no Receiver: operation of business by 692 contract 16 Reorganization after insolvency 698 Third party beneficiaries: in general Stock issued for overvalued property 489,504 or for property not legal payment: -: beneficiary's right to sue on a life liability for payments 883 insurance policy 343-344,493 Stock taxable although corporate prop- -: donee beneficiary may sue as well erty has already been taxed 8O as creditor beneficiary 365 Trust instrument as a device in corpo- Third party beneficiaries in Connecticut rate organization 466 489-504 Counterclaim -: early cases 491 See Set-off and Counterclaim -: creditor beneficiaries 495 -: mortgagee beneficiaries 497 Courts See also Constitutional Law, Contempt -: sole beneficiaries 492 Decisions: elements influencing 677 Contributory Negligence Evolution of case law 361-366 Death by wrongful act: contributory Indian courts: powers of state courts negligence of beneficiary as bar to over Indian reservation lands 331 suit under statute 103 Judicial power: nature of 38 YALE LAW JOURNAL

Making of law by judicial decisions 39 Custody Power of court to reorganize corpora- See Infants tions after insolvency 700 Damages Probate court: decree conclusive See also Death by Wrongful Act, End- though entered under a mistake of nent Domain, Negligence, Work- law 105 men's Compensation Covenants Aggravation of injury due to doctor's See also Restrictions and Restrictive instructions 786 Agreements Anticipated profits : necessity for Covenant to repair: landlord's duty measuring with reasonable certainty 779 551 date granted by imperfect deed an Damages in foreign currency: Easement exchange 198 incumbrance Ioo governing rate of that covenant shall Liquidated damages: when not en- Intent of parties be a as factor 143 forced because construed to run, 894 pay taxes assessed penalty Lessee's covenant to 'contract to sell liability for taxes as- Measure of damages: during term: standing timber, inoperative to pass sessed during, but payable after, term 328 895 title, repudiated transactions: than "that -: foreign exchange Relating to: land other when payment of credit not effected demised 139 418 -: subject matter not in being 142 -: liability of bank for wrongful dis- Running with the land: in a lease 127-146 honor of checks 335 -: remoteness of loss: effect of notice from: assignment 13o -: distinguished to defendafit of plaintiff's prospective -:privilege-: purchase to terminate with notice a lease . 774131 profits 551 -: wrongful discharge as breach of test for determining 132,774 contract of service 441 Creditors Mitigation of damages: benefit received See Debtor and Creditor from third parties 776 Criminal Law Dangerous Instrumentalities See also Abortion, Bigamy, Burglary, See Negligence Conspiracy, Contempt, Criminal Pro- Daylight Saving cedure, Forgery, Homicide, Intoxi- See Statutes cating Liquors, Larceny, Prostitution, Death by Wrongful Act Sunday Laws See also Contributory. Negligence, Administration of the criminal law Proximate Cause 240-262 Admiralty death actions 115-126 -: extent to which laws are enforced Contributory negligence of beneficiary 244 as bar to suit 103 -: factors which influence enactment Death of child caused by eating poison- of criminal laws 242 ous berries in public park 556 -: reasons for non-enforcement 251 Distinction between survival and death Husband's liability for wife's crime 337 acts 119 Mens rea: necessity of 96 Illegitimate child: whether mother can Sexual immorality: enforcement of recover for death of 332 laws to prevent 245 Debtor and Creditor Criminal Procedure See also Bankruptcy, Banks and Bank- See also Diplomatic and Consular Of- ing ficers, Jury Authority of bank as collecting agent Conviction based on improper statute to accept a check drawn on itself as not ground for reversal if not preju- payment of debt 437 dicial 676 Creditor-beneficiary's right to sue on Evidence: skull of deceased: admissi- contract of debtor 496 bility in murder trial . 107 Debt may be subject of gift by creditor Habitual offender statutes: procedure to debtor 20 under 440 Debtor discharged by payment of -: necessity of alleging prior convic- smaller amount than due 15-21 tions in indictment 440 Foakes v. Beer: rule challenged 15-23 -: submitting prior convictions to Imprisonment for use of own money jury only after verdict of guilty 440 for other purposes than paying debts: Currency constitutionality of statute 439 Damages in foreign currency: date Redemption of securities with depre- governing rate of exchange 198 ciated currency 561 Redemption of securities with depre- Release by creditor: similar to transfer ciated currency 561 of property 16 INDEX-DIGEST

-: gives rise to no contract 16 Easements and Licenses Trust as an instrument to evade credi- See also Prescription tors 466 Easement created by imperfect deed an Deceit incumbrance ioo See Infants Grants of coal apart from the surfacb 747-754 Declaratory Judgment License created by contract to sell See Judgments standing timber inoperative to pass Decree title 328 See Judgments Elections Dedication Absentee-voting act: validity 326 Effect of projection in air over prop- Names of persons not entitled to hold erty dedicated 545 office may not be printed on official Deeds ballot 675 See also Covenants Powers of Congress to regulate state Construction governed by law of gran- primaries 90 tor's domicil 438 Electricity De Facto Infant trespasser upon aerial right of See International Law way: uninsulated wires 102 Defamation Eminent Domain See Libel and Slander Admissibility of evidence of price of Deposits adjacent land 784 See Banks and Banking Distinguished from police power 335 Jurisdiction: power of one state to Descent and Distribution condemn property in another 98 See also Taxation Anti-Alien land legislation: discrimi- Employer's Liability Act nation against heirs of citizens 674 See Workmen 's Compensation Assignment of heir's expectancy: con- Equity veyance by both heir and ancestor 662 See also Injunctions, Receivers, Speci- Contract for distribution of an estate: fic Performance separate estate cre- necessity of writing 364 Married*ated by women's Probate Court: decree conclusive aid of trust 465 though entered under mistake of law Partial assignment of chose in action 105 will be enforced 2 Diplomatic and Consular Officers Escheat Consuls: amenability to criminal pro- Escheat to state of unclaimed deposits cess 563 in national bank 333 Devise Estates See Wills See Vested Contingent and Future Domicil and Residence Interests See Conflict of Laws, Inheritance Tax- Estoppel ation Depositor who fails to notify bank of Dower forged check 612 Nature of 2IO Distinguished from waiver 778 Transferability when consummate 210 Estoppel of adjoining landowner to set Trust as a factor 465 up true boundaries by acquiescence in building operations 337 Due Process Homestead: estoppel of husband to See also Constitutional Law, Police deny validity of deed 552 Power Constructive service: Pennoyer v. Evidence Neff: actions in personam and in See also Burden of Proof, Criminal rem 426 Procedure, Practice, Witnesses Kansas Court of Industrial Relations Admissibility when secured by illegal Act: constitutionality 75, 206, 450, 889 seizure 520 Rate regulation: constitutionality of Character: methods of proving 442 basis 278 Corroboration: testimony required to Removal of public officer: fairness of corroborate parol evidence of con- hearing 323 tract with deceased 364 Service by publication in suit involving Eminent domain: admissibility of equitable assignment of insurance price of adjacent land 784 Hearsay: application of rule against policy 425 230 Injunctions: statute limiting use of in labor disputes 408 -: classification of utterances admis- sible as res gestae 229-239 Duress -: spontaneous statements: time See Taxation elapsing after event 895 YALE LAW JOURNAL

Privilege: what constitutes waiver of Hearsay patient's privilege 529 See Evidence Real Evidence: power of court to Highways order physical examination of plain- See Adverse Possession, Automobiles, tiff 664 Dedication -: skull of deceased: admissibility in History of Law murder trial 107 See Legal History -: unauthorized view by jury 217 Homestead Similar accidents: admissibility to Estoppel of husband to deny validity of prove negligence 330 deed " 552 Specific instances of conduct to show negligence: admissibility 442 Homicide See also Proximate Cause, Wills Execution Enforcement of laws against 245 Federal conformity act: sale on fed- Spring gun in unoccupied house: death eral execution 447 of trespasser 562 Expatriation Wood alcohol: death from coguizable See Nationality in jurisdiction where original pur- Expert Testimony chase occurred 775 See Practice Husband and Wife Extradition See also Community Property, Contri- 170 butory Negligence, Dower, Infants, Fugitive slave acts: procedure Parent and Child -: purpose 177 Treaty rights as defence to trial for Husband's liability for wife's crime 337 443 Husband's privilege to live on wife's other crimes premises 436 Fellow Servants Married woman's incapacity under See Workmen's Compensation French code 626 Fixtures Married woman's separate estate: See Community Property trust as a factor 465 Food and Drugs Illegal Contracts Lever Act: provision void because of Auctions: agreements for fictitious vagueness 1o8 bids 431 Force Majeure Gambling laws: administration thereof See Act of God 249 Illegal sale of whiskey: no implied Forgery warranty of wholesomeness 335 Depositor's duty to notify bank of Wager: recovery of money paid by forgery 598-625 check 327 Fraud Illegitimacy See Forgery, Infants See Bastards Freedom of Speech and Press Immigration Aliens' privilege of free speech 422 See Aliens, Nationality 674 State sedition act: constitutionality Impeachment Future Interests See Witnesses Future See Vested Contingent and Imports Interests See Taxation Gager, Edwin B. 869 Impossibility Gaining See Contracts See Illegal Contracts Income Taxation Gifts See also Corporations Bank accounts: evidence necessary to Difference in rates in favor of earned indicate donative intent 776 as against unearned incomes 318 Debt may be subject of gift by creditor Federal revenue act of 1921 368, 378 to debtor 20 Professor's salary as income derived Gifts causa mortis: to be valid as deed, from property 318 gift must pass present interest io6 State income taxes: and the commerce Good Will clause 799-826 Transferability 209 : held valid as: property taxes 80o --: special excise taxes 8Ol Government gross-receipts taxes and taxes on See Administrative Law net income considered 802-826 Guaranty -: gross receipts as a fund in pos- See Suretyship and Guaranty session 804 Guardian and Ward -: privilege doctrine 8o6 See Infants -: proper-subject doctrine 811 INDEX-DIGEST

-: later history of privilege and Legislative declaration -of emergency: proper-subject doctrines 813 loss of privilege of referendum by -: influence of doctrines on gross- 204, receipts taxes 817 Injunctions Stock dividend not income 218 See also Trade Union, Unfair Compe- Taxes on the realization of future tition interests 367-381 Continued trespass to personalty: bal- -: appreciation of capital assets, real- ance of convenience 330 ized by sale are taxable 367 Labor litigation: advisability of use of -: measure of the tax: where future injunctions 86,414 interest is donated 372 Suspension from lodge: necessity of -: where future interest is ac- exhausting remedies within order quired for value 380 before bringing suit 328 -: has realization occurred? 368 Insanity , Incompetent Persons See Incompetent Persons Impossibility of effecting contractual Insolvency incompetence 626-634 See Bankruptcy, Corporations, Re- Indemnity ceivers See Suretyship and Guaranty Insurance Independent Contractors See also Conspiracy, Partnership,Pro- See Master and Servant cess Indians Accident insurance: participation in Indian courts: powers of state courts aeronautics 217 over Indian reservation lands 331 -: sunstroke a bodily injury through Industrial Courts and Legislation accidental means 562 Commonwealth Court of Conciliation Construction of policy: "participation and Arbitration 34 in aeronautics" 217 -: "sane or insane Government control of industrial con- suicide" 785 flicts: economic aspects 89 Life Insurance-beneficiary's interest: Kansas Court of Industrial Relations a vested right in the United States Act: constitutionality 75,2o6,45o, 344 889 -: English rule 345 Kansas Industrial Court: regulation of -: French rule 346 meat packing business 2o6,45o -: German rule 346 Labor disputes: constitutionality of -: origin of American rule 347 statute limiting use of injunctions 4o8 -: reservation of power to change Nature of powers exercised 33,40 beneficiary 358 Provision for compulsory arbitration 43 Mortgagee's right to sue on mortgagor's policy 502 Infants Mutual benefit societies: beneficiary See also Death by Wrongful Act, Neg- does not take a vested interest ligence 359,494 Custody of infants: whether father, -: by-law abolishing presumption of mother, or third party entitled 445 death 336 Infant trespasser upon aerial right of Trustee in bankruptcy: interest in life way: uninsulated electric wires 102 policy: effect of payment by com- Liability for: fradulent misrepresenta- pany to beneficiary 325 tion of age 201 Violating clause in policy prohibiting -: torts connected with contract 202 further insurance 627 Incompetency to contract: policy of Waiver and estoppel: distinguished rule creating 633 778 Prenatal injuries: no duty to unborn -: representation that military clause child 563 will not be enforced 778 Repudiation of contract: necessity of Warranty: express warranty as to its being beneficial to infant 777 health construed as warranty only of Inheritance Taxation good faith 553 Deductibility of federal estate tax 1O8 International Law Impossibility of collection: effect 557 See also Aliens, Diplomatic and Con- Intangible personalty of resident situ- sular Officers, Extradition, Nation- ated in another state and bequeathed ality, War to non-resident 557 Cessation of government ends existence Transfer to take effect at donor's of the State 481 death: when effective 671 China: extent of international commit- Initiative, Referendum, and Recall ments 341 Initiative and referendum amendment Compacts, power of states of United construed to repeal provision for re- States to make in general 635 districting state by executive 783 -: with other states 636 YALE LAW JOURNAL

powers 638 Protection under prohibition statutes of -: with foreign lawfully acquired liquors: liquor Continuity of government in a given 675 area 483 stolen from warehouse Trans-shipment of intoxicating liquors Continuous voyage doctrine in the 218 227 through United States World War Wood alcohol: death from cognizable Contraband in the World War 226 original pur- 469-488 in jurisdiction where De facto recognition chase occurred 775 -: causes and effect of refusal to recognize 469 Invitee -: distinction between actual suprem- See Master and Servant, Negligence acy and popularity of government 474 Judgments -: effect upon court's decision as to See also Attorneys validity of acts of government so Declaratory judgment: constitution- recognized 82 ality 419 -: recognition of belligerency 470 -: necessity of limiting operation to -: recognition of the victory of insur- cases of actual controversy 420 gents 472 -: states adopting 421 -: status of unrecognized de facto Foreign judgments: enforcement 107 governments 535 Probate court: decree conclusive : test for recognition of governments though entered under a mistake of 474 law 05 -: whether court may disregard legis- Jurisdiction lation of government so recognized See also Admiralty, Conflict of Laws, because contrary to public policy of Equity, Inheritance Taxation, Pro- forum 85 cess, Taxation Equality of states 223 Death from wood alcohol cognizable in Japanese Treaty of I9I1: effect on jurisdiction where original purchase anti-alien land legislation 299 occurred 775 Naturalization apd expatriation Eminent domain: power of one state 702-719,848-868 to condemn property in another 98 Recognition: when necessary to estab- Indian courts: powers of state courts lish capacity of government to sue Indian reservation lands 331 536 over contracts and delicts Jurisprudence Responsibility for Evolution of case law 361-366 of "local de facto governments" 487 of 677 Russian Soviet Government, validity judicial process: nature Quasi-delict in Anglo-American law abroad of acts of 82, 534 571-581 government 534 Suit by unrecognized Remedial rights in personam classified Interstate Commerce 579 See also Income Taxation Torts: necessity for and method of Adamson Act within powers of Con- unifying law of 571 gress 48 What is law? 882 by Congress of Child Labor: control Jury interstate transportation of goods in factories employing child See also Criminal Procedure made Challenges: examination of jurors labor: constitutionality 310, 894 514,770 Employers' Liability Act: carrier's lack prior to challenge of destination of ship- Disagreement of jury: coercion as of knowledge ground for new trial 212 ment immaterial 96 commerce Special jury 888 Regulation of intrastate 217 the commerce clause 870-879 Unauthorized view under Women jurors: effect of nineteenth -: effect of the Transportation Act of 1O8 1920 874 amendment State control of animals ferae naturae Kansas Industrial Court 554 See Industrial Courts and Legislation State income taxes and the commerce Labor 799-826 clause See Injunction, Trade Unions Intoxicating Liquors Tenant Administration of criminal law under Landlord and 240 See also Covenants, Options, Torts the Volstead Act Assignment: provision against without Illegal sale of whiskey: no implied 445 335 consent of landlord warranty of wholesomeness rent laws: what constitutes Larceny of under prohibition statutes Emergency 305 reasonable rent 444 for fail- Landlord's duty to repair 779 Liquor not subject to penalty waiver by statutory ure to declare imported merchandise Notice to quit: 785 acceptance of rent 206 duty as consideration: Property in intoxicants 305, 675,785 Pre-existing TAT)f Y"rTrri7rv- XV

tenant's consenting to remain on flooded Statute requiring recordation of change premises as consideration for of name promise to reduce rent 675 of owner of property 322 Martial Larceny Law Intoxicating liquors Governor's power to declare: extent of under prohibition 332 statutes 305 Massachusetts Trusts Law School See Anti-Trust Laws, Voluntary Asso- Year 1921-22 73 ciations Leases Master and Servant See Landlord and Tenant See also Agency, Workmen's Coipen- Legal Analysis and Terminology sation Remedial rights in personam classified Automobile owner's liability for son's negligent "Right": 579 driving 785 definition 203 Delegation to independent contractor Legal Education of duty owed to invitee 99 Construction and desirability of case- Master's liability to third persons: book on legal history 720-733 scope of employment: use of inci- Legal History dental instrumentality 208 See also Insurance, Nationality, Prac- -: departure and deviation 99,208 tice Wrongful discharge as breach of con- Admiralty death actions: efforts to tract of service 441 secure federal legislation with respect Mines and Minerals to 117 Interests created by grants of coal Construction and desirability of case- apart from surface 747 , book on legal history 720-733 classes of interests granted 75o English corporation law in the i6th and -: duty of subjacent support of sur- 17th centuries 382-407 face 748,752 Roman element in Bracton 827-847 -: estate in walls containing or space Libel and Slander occupied by coal 749,752 Privilege: absolute privilege: com- -: grant of "all the coal on, in or munications included 765 under" land 749,752 -: conditional privilege: nature 766 : intent of parties determines interest pleadings: whether absolutely 750 privileged 207 -: whether corporeal or incorporeal -: publication by newspaper, at re- 749,751 quest of War Department, of -name -: whether terminated by exhaustion of supposed slacker 765 of minerals 748 Suit by unincorporated labor union 92 Misrepresentation Licenses See Infants See Automobiles, Easements and Li- Mistake censes See also Descent and Distributioij, Liens Trover and Conversion, Wills Receiver's certificate: priority over Mistake of fact as defence to violation prior liens 451 of statute 96 Limitation of Actions Monopolies See also Admiralty, Adverse Posses- See Anti-Trust Laws, Restraint of sion, Death by Wrongful Act Trade Statute of limitations: effect upon Mortgages rights of action existing at time of Foreclosure of mortgage passage 785 of corporation in hands of receiver 695 Limitation of Liability Good will and trade-marks See Admiralty in gross: mortgagability 209 Mandamus Right of mortgagee to sue as benefi- When issuable: discretion of city coun- ciary on mortgagor's contracts 497 cil to consent to running of bus line Subrogation: advancement of money for redemption 889 Manslaughter See Homicide Municipal Corporations See also Death by Wrongful Act, Maritime Law Police Power, Quo Warranto See Admiralty Invalid contract: rights of other party Marketable Title See 779 Specific Performance -: recovery in quasi-contract 779 Marriage and Divorce -: types of invalid contracts 779 See also Bigamy, Conflict of Laws, Mutual Benefit Societies Wills See Insurance YALE LAW JOURNAL

Bids at public sale 887 Nationality See also Aliens Options Running with the land in a lease Naturalization and expatriation 136, 137 702-719, 848-868 -: bill of 1922 considered 866 Ordinance See Police Power : expatriation: in general 709 -: legislative discussion 71H Parent and Child : treaty provisions 714 Custody of infants: whether father, - : what acts constitute 851 mother, or third party entitled 445 expatriation act of 1907 855 Partition -: does protracted residence Partition sale: agreement to enhance abroad result in loss of citizen- bids: legality 433 ship 858 in the Partnership -: historical development See also Trusts of naturalization laws United States Whether partner purchasing expiration 702-709 has ex- cer- records of insurance agency -: impeachment of naturalization privilege of user of informa- 851 clusive tificates tion therein 666 -: naturalization act of x9o6: section Passengers i5 852 -: protection of citizens whose natur- See Carriers alization was fraudulently procured Patents 848 Infringement: generic invention: doc- Naturalization trine of equivalents 446 See Aliens, Nationality Payment Navigable Waters See Debtor and Creditor See Admiralty, Seamen Penalty Negligence See Damages See also Carriers,Contributory Negli- Personal Property gence, Death by Wrongful Act, vi- See Bailnents, Community Property, dence, Master and Servant, Proxi- Descent and Distribution, Gifts, mate Cause Good Will, Income Taxation, Inheri- "Attractive nuisance" doctrine 556 tance Taxation, Pledges, Taxation, Bailor of defective automobile: lia- Vested Contingent and Future Inter- bility to third party 109 ests, Wills Contracts: negligence in performance 896 Persons of Trust as a factor in family settlements Corporation's liability: stock certificate 465 stolen by signed in blank by officers Physicians and Surgeons employee • 773 what 555 Waiver of patient's privilege: Degrees 'of negligence constitutes 529 Depositor's liability to bank for negli- 6o6 Pleading gence of Distinguished from wanton acts 555 See Administrative Law, Burden and Slander, Practice Invitee: delegation to independent con- Proof, Libel tractor of duty owed to 99 Pledges Liability to one not in privity of con- Sub-pledge: legal relations of parties tract: ticker-service supplied to third 314 parties 218 When a bailment becomes a pledge 314 -: negligence 896 Poison Licensee: infant: death caused by eat- See Death by Wrongful Act park ing poisonous berries in public 556 Police Administration a matter of politics in Prenatal injuries: duty to unborn child 253 563 United States Spring gun: criminal liability for death Police Power 562 See also Aliens of trespasser 783 Trespasser: infant trespasser upon Aesthetic purposes Animals ferae naturae : state control of aerial right of way: uninsulated 554 electric wires 102 Classification of occupations subject to Negotiable Instruments police power 183 and Notes See Bills Coal mining affected with public in- New Trial terest 75 See Criminal Procedure, Practice Daylight-saving laws 659 distinguished 335 Offer and Acceptance Eminent domain Jitney transportation: regulation of Acceptance of part of goods as consti- 183 tuting acceptance of whole 676 INDEX-DIGEST xvii

Kansas Court of Industrial Relations Substituted service: whether equivalent Act: constitutionality 75,206,45o, 889 to personal service 567 Mayor's discretionary power to grant Prohibition permits to hold meetings in streets: See Intoxicating Liquors constitutionality of ordinance grant- ing 450 Property Packing business: regulation of See also Comnnunity Property, Per- 2o6,450 sonal Property, Real Property, Words and Phrases Possession Defined 281, 319, 373, 735 See Vested Contingent and Future In- Property in intoxicating liquors terests 305, 675,785 Power of Attorney Prostitution See Agency Reasons for non-enforcement of laws Powers against 256 Power coupled with an interest 296 Proprietary powers of attorney: termi- Proximate Cause nation by death 283 Act of God: proximate cause of injury as test 440 Practice Aggravation of injury: damages re- See also Contempt, Criminal Procedure, coverable 786 Evidence, Execution, Jury, Process, Death due to suicidal mania caused by Witnesses defendant's act 667 Challenges: examination of jurors Death resulting from disease caused by prior to 514, 770 injury 102 Court control of procedure as substitute for legislative codes: advisability 763 Publication New trial, grounds for: expert witness See Copyright changing opinion 219 Public Officers -: ignorance of counsel 450 See Administrative Law Offer of proof in grounding exceptions Publia Service Law 542 See also Carriers,Railways, Rate Reg- Physical examination of plaintiff : ulation power of court to order 664 Implied contract to serve citizens: re- Rules of court: judicial discretion in covery by citizen as third party bene- applying 763 ficiary 21H Waiver of rule of procedure by parties with consent of court 765 Public Utilities See Carriers,Public Service Law, Rail- Preferences ways See Bankruptcy Quantum Mernit Prescription See Quasi-Contracts Effect of projection in air over prop- 545 Quasi-Contracts erty dedicated Contract to sell standing timber inoper- Principal and Agent ative to pass title: measure of re- See Agency covery upon repudiation 3- Principal and Surety Invalid contract: recovery against $ee Suretyship and Guaranty municipal corporation 779 Priorities Quantum meruit allowed under broker- See Liens, Receivers age contract void under statute of frauds 447 Privileged Communications Quasi-delict as a branch of torts 571 See Libel and Slander, Physicians and Surgeons Quasi-Delict See Torts Probate See Courts, Descent and Distribution, Quo Warranto Wills Scope of action 668 Procedure Railways See Criminal Procedure, Practice See also Carriers,Interstate Commerce Permanent improvements on public Process highway: estoppel of city to assert Foreign corporation not doing business rights 780 in state: service on officers 205 Service by publication: in suit involv- Rate Regulation ing equitable assignment of insurance See also Interstate Commerce policy 425 Constitutionality of rate basis 278 -: mistake in middle initial 567 Permanent basis for rate regulation Service on foreign corporation's local 263-282 agent: advertisements as evidence of -: competition as an element 267 agency 336 -: cost of reproduction considered 277 .°°i YALE LAW JOURNAL

: original investment fundamental "Open competition plan": validity 643 271 -: rule of reason 644 : physical value theory discarded 264 Restraints on Alienation -: reasonable value of services the See Trusts true test 267 Restrictions and Restrictive Agree- ments Ratification of See Agency See also Anti-Trust Laws, Restraint Trade Real Property title: effect of restrictive Possession, Community Marketable See Adverse building covenant 891 Property, Covenants, Dedication, Deeds, Descent and Distribution, Reversals Dower, Eminent Domain, Estoppel, See Criminal Procedure Homestead, Income Taxation, Inheri- Reversions tance Taxation, Landlord and Tenant, See Vested Contingent and Future In- Mines and Minerals, Mortgages, terests Powers, Prescription, Rule Against Roman Law Perpetuities, Taxation, Title, Vested Roman element in Bracton 827-847 Interests, Contingent and Future Rule Against Perpetuities 'Wills Application to spendthrift trusts 762 Receivers Sales Administration of equity receiverships See also Auctions of corporations 685-701 Sales Act receiver 686 Uniform -: appointment of sec. 15 557 proof of claims 688 : filing and sec. 44 676 -: foreclosure of mortgages 695 ac- 692 Acceptance of part as constituting -: operation of business whole 676 claims 689 ceptance of -: priorities as between Implied warranty: of wholesomeness : receiver's accounts 697 335 696 in illegal sale of whiskey -: receiver's certificates quality": fitness for 693 -: "merchantable : receiver's reports resale under law of foreign country -: reorganization of corporation 698 557 will -: terms under which equity and conditional rejection by 685 Retention undertake administration buyer construed as acceptance 89o -: uncompleted contracts 693 right to enforce priority over Undisclosed principal: Receiver's certificates: contract under seal 94 prior liens 451 Seamen Recording and Registry Acts of change See also Admiralty Statute requiring recordation on navigable waters: rights of property 322 Death of name of owner of action growing out of 122 Referendum Right to new contract before comple- See Initiative Referendum and Recall tion of voyage 323 Release Searches and Seizures See Debtor and Creditor. See Constitutional Law Religion and Religious Institutions Sedition Church property: power of majority See Freedom of Speech and Press to change doctrine and retain control 329 Set-Off and Counterclaim Chose in action assigned before ma- Remainders turity subject to set-off for claim See Vested Contingent and Future In- against assignor acquired before terests notice of assignment 669 Removal of Causes Settlement See Constitutional Law See Compromise and Settlement Rent Laws Sherman Anti-Trust Act See Landlord and Tenant See Anti-Trust Laws Rents and Profits Shipping and Tenant Ships and See Landlord See Admiralty, Seamen Res Gestae Slavery See Evidence Constitutionality of the fugitive slave Residence acts 161-182 See Domicil and Residence Soldiers Restraint of Trade See Army and Navy See also Anti-Trust Laws use of con- Specific Performance Clayton Act: restricting provision to arbi- sale of contents, title re- Contracts containing tainer in trate 670 maining in vendor 668 INbEX-DIGEST

Marketable title: effect of restrictive destroy surety's obligation 585 building covenant 891 -: unmatured claims 591 "Void" construed to mean "voidable" -: where surety escapes liability des- 217 pite principal's bankruptcy 592-597 Spendthrift Trusts Survival See Trusts See Death by Wrongful Act States Taxation See Constitutional Law, International See also Corporations, Income Taxa- Law tion, Inheritance Taxation Bonus legislation: constitutionality 78 Statute of Frauds of by federal See also Constructive Trusts Child labor: regulation cable transfer of ex- taxation 31o, 894 Agreement to sell Federal agencies: motor trucks of change need not be in writing 417, 563 not exempt Brokers: recovery allowed on quantum mail-carrying contractor contract was void 447 from state license 216 meruit where Gross-receipts taxes considered 802-826 Statute of Limitations Interstate commerce taxed under guise See Adverse Possession, Limitation of of: property taxes 800 Actions --: special excise taxes 801 Statutes Intoxicating liquors not subject to pen- See also Death by Wrongful Act, alty for failure to declare imported Police Power, Recording and Regis- merchandise 785 try Acts Massachusetts business trust not "asso- Admiralty federal death statute 115-126 ciation" under revenue acts 787 Clayton Act 668 Recovering taxes, paid under duress to Commercial arbitration: New York a collector, from his successor 537 statute i47-16o Situs of seat on Stock Exchange for Constitutionality: judicial inquiry into taxation 429 purpose of act constitutional on its Substitution of successors in office of face 313 defendants in suit for injunction 894 Conviction based on improper statute Theory of taxation of property 430 not ground for reversal if not preju- Tenancy dicial 676 See Landlord and Tenant Daylight saving laws 659 Fugitive slave acts 161-182 Timber Interpretation: "child" construed to See Trespass mean "legitimate child" in wrongful Title death statute 332 See also Adverse Possession, Estoppel, -- : void because of vagueness lO8 Vested Contingent and Future Inter- Mens rea: necessity of in statutory ests offences 96 Statute requiring recordation of change Volstead Act: administration thereof name of owner of property 322 under 240 Torts Stock See also Admiralty, Automobiles, Con- See Corporations tracts, Contributory Negligence, Stock Exchange Damages, Death by Wrongful Act, of seat on stock exchange 429 Infants, Libel and Slander, Master Taxation and Servant, Negligence, Proximate Strike Cause, Trade Unions, Trespass, See Trade Unions Trover an6 Conversion, Unfair Com- Subrogation petition, Workmen's Compensation Mortgages: advancement of money for Conspiracy not to insure: malicious redemption 889 motive 672 Suicide De facto government's responsibility See Proximate Cause for delicts 487 Federal Government's consent to be Sunday Laws sued for injury by its vessel 879 Administration of 248 Inducing breach of lessor's restrictive Support agreement 212 See Mines and Minerals Lack of unity in law of torts 571 Suretyship and Guaranty Maritime tort: action at common law Assignment by obligee before breach ,07 does not discharge guarantor 448 Quasi-delict in Anglo-American law Surety's right to indemnity-effect of 571-581 principal's bankruptcy 582-597 -: classification 576 -: means open to surety for reim- -: influence of procedure 573 bursement 587 -: reasons for non-recognition of -: principal's discharge does not quasi-delict 580 YALE LAW JOURNAL

Transfer to take effect at settlor's Secondary boycott: validity 87, 539 death: whether subject to inheritance Tort defined 576 tax 671 Trade Marks and Trade Names Varying investments against express See also Mortgages direction of testator 559 209 Transferability of trade-marks Unfair Competition Trade Unions Blacklist and secondary boycott as an Blacklist and secondary boycott as an aid to price-fixing 539 aid to price fixing 539 Cartoons: imitation of "Mutt and Jeff" Government control of industrial con- enjoined 93 flicts: economic aspects 89 "Prima facie tort" idea 542 Injunction: advisability of use of Resale price maintenance: in general 86,414 650 protecting labor union of contract with dealer Injunction 561 -: necessity against employer 651 86 Labor litigation: economic aspects -: refusal to sell to dealers who will Picketing theatre because owner oper- not sell at stated prices 651 ates machine himself 786 -: unfair competition in absence of "Prima facie tort" idea 542 contract with dealer 65i Secondary boycott: validity 87, 539 Retailer: unfair practice by 219 Slander: action by unincorporated labor Secondary boycott: validity 87, 539 92 union Unincorporated Associations definition of 320 Strikes: in See Trade Unions, Voluntary Associa- Statute limiting use of injunctions tions constitutionality 408 labor disputes: Uses Transferability Dower, Origin and development of uses: before See Descent and Distribution, statute 458 Trade Marks and Trade Good Will, -: after statute 462 Names Vendor and Purchaser Treaties See Burden of Proof, Covenants, See International Law Deeds, Mortgages, Sales Trespass Verdicts See also Injinction, NAegligence Criminal Procedure from freehold: no re- See Trees severed and Future Inter- covery against defendant in actual Vested Contingent possession 787 ests adverse See also Gifts, Rule Against Perpetui- Trial Wills Practice ties, Trusts, See Criminal Procedure, Beneficiary's interest in life insurance Trover and Conversion policy 343-36o Innocent mistake no defence 558 Fee tail changed to contingent re- Misdelivery resulting in loss 558 mainder: destructibility 665 Trusts Postponement of possession of absolute See also Anti-Trust Laws, Constructive gifts lo9 Trusts, Vested Contingent and Fu- Taxes on the realization of future ture Interests, Voluntary Associa- interests 367-381 tions Wills: construction: gift over after Appointment of trustee: discretion of general bequest 104 court 213 676 Voluntary Associations Civil law: not recognized in Actions by unincorporated association Massachusetts business trust not "asso- 92 ciation" under revenue acts 787 trusts: development 467 of chose in adtion Massachusetts Partial assignment -: not "association" under revenue not a trust 10 acts 787 Resulting trusts: conveyance to part- Suspension of members: necessity of ner, firm paying part of consideration the order 892 exhausting remedies within bringing suit 328 759 before Spendthrift trusts: in general Wagering Contracts -: jurisdictions adopting or rejecting 760 See Illegal Contracts nature of cestui's interest 761 Waiver -: rule against perpetuities: applica- See Insurance tion 762 War _: whether restricted to life estate 762 See also Libel and Slander The trust as an instrument of law Confiscation of ex-enemy private prop- reform 457-468 erty 435 -: origin of trust 464 Warehouses and Warehousemen -: position of trust in modern legal See Intoxicating Liquors system 465 INDEX-DIGEST

Warranty -: covenant running with the land See Burden of Proof, Insurance, Sales 128 Waste -: "dependent" in workmen's Ameliorating waste: effect of short- compensation 451 term lease 781 -: force majeure - 551 "normal sequence" as applied Wills See also Descent and Distribution,Rule in separation of -powers doctrine Against Perpetuities, Vested Contin- 25 gent and Future Interests -: property 28I, 319,373, 735 Animus testandi: necessity of 334 -: right 203 Gift causa mortis: to be valid as deed -: tort 576 must pass present interest io6 Workmen's Compensation Lapse of part of residuary estate 782 See also Admiralty Murder of co-devisee: conviction of Admiralty remedy displaced by work- devisee 337 men's compensation 561 Personal property; gift over after Amount recoverable: effect of ser- general bequest 104 vant's settlement with tort-feasor 449 Probate court: decree conclusive Dependent: reliance on voluntary con- though entered under a mistake of tributions 451 law 105 Disease: injuries caused solely by Revocation by: cancellation 892 768, 896 -: subsequent marriage: effect of Employer's Liability Act: interstate testator's intent 673 commerce: carrier's lack of knowl- Witnesses edge of destination of shipment immaterial 96 Habitual use of drugs: admissibility -: no assumption to discredit 97 of risk of injury from unforeseeable negligence of Woman Suffrage fellow servant 784 Jury: woman jurors: effect of nine- -: remedy available to seamen killed teenth amendment 1O8 on navigable waters 124 Words and Phrases Injury arising out of perils of the Definitions street: chauffeur stabbed by insane -: act of God 44o man 563 : act of State 94 Maritime tort: no recovery 107 -: agency 283 Remedy not available to seaman killed -: "beneficiary" in life insurance on navigable waters 123 343 Scope of employment: serious or wilful : color of title 738 misconduct of employee 215