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Volume 69 Issue 4 Issue 4, Cumulative Index, Volumes Article 7 41-68

June 1967

Subject Index

Follow this and additional works at: https://researchrepository.wvu.edu/wvlr

Recommended Citation Subject Index, 69 W. Va. L. Rev. (1967). Available at: https://researchrepository.wvu.edu/wvlr/vol69/iss4/7

This Index is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact [email protected]. et al.: Subject Index

SUBJECT INDEX ABATEMENT & REVIVAL Release of Claim for Personal In- Remedies jury-Right in Action in Law to See Avoid Release Based Upon Mutual ABDUCTION Mistake 44-230 (1938) *Separate Recovery in Stockholder's See Kidnapping Derivative Suit 49-176 (1943) ABSOLUTE LIABILITY **Twenty Years of West Virginia Marri- age and Divorce Law See 58-128 (1956) ACCOMPLICES **West Virginia Divorce Law 43-298 (1937) -Indictment As Asses- sory Before the Fact Held Sufficient ACTS OF LEGAL SIGNIFICANCE to Sustain Conviction as Principal -Practical Construction- 42-67 (1935) Acts of the Parties 54-163 (1952) ACCOUNTANTS & ACCOUNTING Contracts-Sufficiency of Notice to Require Exercise of Option **Some Accounting Problems in the 48-67 (1941) Preparation of the Partnership Re- turn of Income 50-44 (1946) ADDITURS Accounting For Depreciation and De- **Remittiturs and Additurs 49-1 (1942) pletion 45-134 (1939) "Unauthorized Practice of Law, The ADMINISTRATION OF ESTATES See also Administrators & Executors 62-248 (1960) **Administration Of Estates Of De- ACTIONS & DEFENSES ceased Persons Under the Revised See also Civil Procedure, Pleadings & Code 43-184 (1937) **Critical Study of the Probate System Remedies In West Virginia, A ** Pleading Modified Ver- 67-22, 116 (1965) sus the Federal Rules Tax-Effect of Subsequent 53-27, 142, 195 (1950-51) Events on Claims Against the Estate Contracts-Third Party Creditor-Bene- 63-70 (1960) ficiary Contracts Enforced at Law Executors and Administrators-Liabi- 42-242 (1936) lity of Real Estate for Expenses of Constitutional Law-Conflict of Laws Administration 42-59 (1935) -Use of Interpleader to Avoid Trust-Limitations on Distributions Double Inheritance Taxation From Incompetent's Estate 44-398 (1938) 67-320 (1965) Criminal Law-Defenses-Insanity- "New Test" 57-99 (1955) Wrongful Dealth-Liability Of Hus- Criminal Law-Reasonable Mistake of band If Wife Sole Beneficiary Age As Defense in Statutory Rape 55-296 (1953) 67-149 (1965) Criminal Law-Defense of Others ADMINISTRATIVE LAW & PROCE- 64-342 (1962) DURE Criminal Law-Entrapment "Administering The Ounce of Preven- 65-223 (1963) tion. New Drugs and Nuclear Re- *Derivative Stockholder's Suits in West actors 68-109, 233 (1966) Virginia 44-129 (1938) "*Administrative Finality in Claims for Equity-Clean Hands-Iniquity of One Overcharges 51-77 (1948) Plaintiff Bars All 48-172 (1942) Attorney's Fees - Administrative **Excuse of Impossibility in West Vir- Agencies-Judicial Proceedings to ginia Law, The Review Administrative Decision 48-189 (1942) 63-293 (1961) *Freedom of Petition, The 55-275 (1952-53) Ben Avon South of the Border Pleading-Actions-Injury to Person 60-166 (1958) and Property One Cause of Action Constitutional Law - Commerce 51-71 (1948) Clause--Supersedure of State Re- Pleading Premature Institution of gulation By The Federal Motor Equity Suit 42-349 (1936) Carrier Act 55-146 (1952-53)

The figure in front of the dash refers to the volume, the other to the page **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 1 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

Constitutional Law-Delegation of Public Records-Availability for In- Legislative Power to Administrative spection 68-90 (1965) Bodies or Officers 47-145 (1941) Rate Regulation By Government Com- Constitutional Law-Privacy-Right petition 45-266 (1939) of Individual on Public Convey- *Rationality in Rate-Making ances 55-64 (1952-53) 55-270 (1952-53) Criminal Law-Administrative Law **Refunds and Recovery of State Taxes and the Right to Trial by Jury Erroneously, Illegally, or Uncon- 68-73 (1965) stitutionally Imposed in West Vir- Critism Of "Administrative Absolu- ginia 41-348 (1935) tism 45-205 (1939) Res Judicata-Determination of the **Doctrine of Precedent as Applied to Jurisdictional Fact 52-236 (1950) Administrative Decisions, The Right to Judicial Review of Admini- 59-111 (1957) strative Action, The 65-143 (1963) *Extent Of Judicial Review Of Admini- Scope of Judicial Review-Substantial strative Tax Determinations in West Rule 60-270 (1958) Virginia 50-75 (1946) Separation of Powers-The Hodges *Extent Of Judicial Review-Rulings Case and Beyond 45-291 (1939) of the Federal Communications States-Public Contracts-Disqualifi- Commission 58-263 (1956) cation of Officers as Applying to Federal Courts-Application of Feder- Funds Received from Federal al or State Law to Federal Agency Government 52-70 (1949) Litigation 67-161 (1965) Stipulation-Operation and Effect- Final Word on the Doctrine of the Administrative Compared With Hodges Case, A 45-316 (1939) Judicial Proceedings 57-122 (1955) Finality Of Findings By Administra- "Substance and Procedure in Rule tive Body-Burden of Proof in Making 51-34 (1948) Death Cases Before Workman's Use of Writ of Prohibition Compensation Appeal Board 68-62 (1965) 54-72 (1951) "West Virginia Administrative Proce- **Finality Of The Filed Rate in West dure Act. The 66-159 (1964) Virginia, The 49-143 (1943) **West Virginia Public Services Com- *Hope Case and Recent Federal De- missioner, The 47-191, 283 (1941) cisions, The 54-305 (1952) Workmen's Compensation Act-Mis- "Industrial and Commercial Loans and leading Information By Commis- Guarantees for New or Expanding sioner as Grounds for Estoppel Business Under the Public Works 48-294 (1942) and Economic Development Act of Workman's Compensation-Notice of 1965 68-359 (1966) Time for Objection to the Initial Internal Revenue - Administrative Findings of the Commissioner Law-Finality of Findings of The 54-329 (1952) Board of Tax Appeals 44-151 (1937) ADMINISTRATORS **Judicial Review of Administrative See also Executors & Administrators Action in West Virginia-A Study Administration of Estate-Advance- in Separation of Powers ments-Method of Hotchpot 44-270 (1938) 47-143 (1941) Judicial Review-Certification of Administration of Estates-Foreign Questions of Law 57-202 (1955) Administrator-Right to Sue in Landowner Versus The Airport, The West Virginia 47-60 (1940) 50-145 (1947) Administration of Estates of Decen- **Lawyer Amid Social Changes, The dent-Probate-Commissioner of 53-281 (1951) Accounts 47-331 (1941) "cLegal, Economic and Policy Aspects **Critical Study of the Probate System of Wage Stabilization 53-289 (1951) in West Virginia, A **Mandamus to Review Administrative 67-22, 116 (1965) Action in West Virginia *Wills-Letters of Administration 60-1 (1957) 66-268 (1964) National Labor Relations Board 45-93 (1939) ADMISSIBILITY OF EVIDENCE *Power of Administrative Agencies to Admissibility of Evidence of Separate Grant Rehearings 52-123 (1950) Independent Crimes 62-272 (1960) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 2 et al.: Subject Index

SUBJECT INDEX 57

"Admissibility of Evidence of Similar Reported Testimony of Deceased Wit- Offenses in Criminal Prosecutions in ness-Substantially Similar Offenses West Virginia 54-142 (1952) 51-67 (1948) Admissibility of Indictments in Civil Res Gestae Exception- That Cases in Federal Courts Declarant Have Knowledge-Quali- 51-273 (1949) fications of Ordinary Witness *Admissibility of Opinion Evidence by 43-76 (1936) a Layman 62-300 (1960) State Wiretapping-Federal Injunctions *Admissibility of Results of Compul- In State Prosecutions 63-292 (1961) sory Blood Tests to Determine In- Testimonial Impeachment-Admissi- toxication 60-72 (1957) bility of Plea of Guilty and Con- Admissibility of Tape Recordings viction in Subsequent Civil Action Where Portions Are Inaudible 53-181 (1951) 63-362 (1961) Admissibility of Testimony of Phy- ADMISSION TO THE BAR sician Retrainer Solely as a Wit- Attorneys-Admission to Bar as ness 62-274 (1960) Prerequisite of Holding Office as Constitutional Law-Criminal Law- Prosecuting Attorney 66-122 (1964) Evidence-Searches and Seizures- Denial of Admission to Admitted and Silver Platter Doctrine Abolished Suspected Subversives 60-81 (1957) 63-56 (1960) Constitutional Law-Unlawful Search ADMISSIONS and Seizure-Evidence Obtained Evidence-Admissions and Confes- Thereby Not Admissible in State sions Distinguished 61-318 (1959) Courts 64-83 (1961) Evidence-Adoptive Admissions (Ad- Criminal Law-Admissibility of mission by Silence) 67-335 (1965) Criminal Courts of Evidence De- Evidence-Adoptive Admissions - rived from Inadmissible Juvenile Failure to Deny Incriminatory State- Confessions 67-69 (1964) ment Made in Presence of Accused Criminal Law-Declaration of Mis- 61-320 (1959) trial Because of Absence of De- Evidence and Criminal Law-Admis- fendant 66-328 (1964) sion by Silence 66-136 (1964) "Criminal Law-Witnesses-Compul- Evidence-Infant's Pleadings as a sion of Spouse to Testify Judicial Admission 65-309 (1963) 63-93 (1960) Evidence-Stipulations and Admis- Eminent Domain-Obsolete Buildings sions by Attorney-Client Bound -Proof of Value 51-63 (1948) Thereby 61-326 (1959) Evidence and Criminal Law-Admis- Evidence-Testimonial Impeachment sion by Silence 66-136 (1964) -Admissibility of Plea of Guilty Federal Shop-Book Rule-Admissi- and Conviction in a Subsequent bility to Hospital Records Civil Action 53-181 (1951) 65-229 (1963) Procedure--Rule 36-Request for Ad- "Hearsay: "Self-Serving" Declarations missions 65-243 (1963) 52-81 (1950) Hearsay-Spontaneous Exclamation ADOPTION 51-65 (1948) Constitutional Law-Freedom of *Laying A Foundation for the In- Religion-Statutory Preference for troduction of Secondary Evidence Adoption by Persons of Same Re- in West Virginia 63-340 (1961) ligion as Child 57-204 (1955) Legislation-Admission of Extrinsic Infants-Equitable Procedure for to Show Irregularities in Passage of Determining and Ordering Custody Bill 66-49 (1963) of a Neglected Child 59-389 (1957) Lie Detector Testimony Admissible *Liability Under Promoter's Contracts on Stipulation 65-76 (1962) 57-81 (1955) Obtained By Unlawful Search-Ad- Rights of Inheritance of Natural Child missibility to Discredit Defendant's of Adopted Child 63-202 (1961) 56-125 (1954) **Some Problems Relating to Adoptions Testimony in W. V., and Recommended Past Recollection Recorded-Present Changes 63-12 (1960) Recollection Revived 63-73 (1960) Wills-Right of an Adopted Child to Presonal Injury Cases-Blackboard Take as a Class Remainderman Summation 62-402 (1960) 65-246 (1963) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 3 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

58 SUBJECT INDEX

ADVERSE POSSESSION Liability of Employer for Acts of Acquisition of Title to Minerals Sub- Independent Contractor sequent to Severance 53-72 (1950) 56-54 (1954) **Adverse Possession of Severable Min- Master and Servant-Recovery for erals 68-274 (1966) Silicosis Under Boiler Inspection Effect of Severance of Minerals After Act and Federal Employer's Liabi- Adverse Possession Commenced lity Act 52-67 (1949) 54-76 (1951) *-"Public Utilities-Respondent Superior Property-Adverse Possession-Mis- Plus Nondelegable Duty to Protect taken Possesion Beyond the True Patrons 49-59 (1943) Line 63-204 (1961) **Some Spadework on the Implied War- ranty of Authority 48-96 (1942) ADVERTISING *Doctrine of Secondary Meaning, The AGRICULTURE AAA Decision, The 42-141 (1936) 62-254 (1960) Criminal Law-Deceptive Advertising AIR LAW -Printer's Ink Model Statute Eminent Domain-Constitutional Tak- 61-60 (1958) ing-Recovery Against Municipal Airport By Adjacent Property Own- AFFIDAVITS ers 62-398 (1960). Attorney and Client-Attorney Not Land Owner Versus The Airport, The Disqualified to Notarize Client's 50-145 (1947). Affidavit 52-238 (1950) Torts-Compensation Under Fifth AGENCY Amendment for Airplanes Noise See also Master & Servant; Indepen- 65-193 (1963). dent Contractors ALIENS Automobiles-Family Purpose Doc- See also Immigration trine-Liability of Owner For Neg- Constitutional Law-Treaties-The ligent Operation By Guest of Son United Nations Charter as the 47-334 (1941) Supreme Law of the Land Comparative Law-Consular Agent 53-79 (1950). Representating His National as -*Canadian and British Death Tax Con- Beneficiary 68-182 (1966) ventions, The 50-55 (1946). Constructive Trusts-Duty of Agent Suspension of Deportation-Use of to Reconvey Land Purchased For Confidential Information Principal-Statute of 59-199 (1957). 50-177 (1947) Conflict of Laws-Appointment of a ALIMONY & MAINTENANCE Valid Agent for Service of Process See also Divorce 66-242 (1964) Alimony Rights to Divorced Wife to Contracts-Agent's Right to Commis- Payments After Death of Divorced sion on Reorders After Termination Husband 57-93 (1955). of His Employment 67-225 (1965) Divorce-Divisible Divorce Proceed- Creation of the Agency Relation ings-Award of Alimony Without 43-82 (1936) Personal Jurisdiction 59-289 (1957). Family Purpose Doctrine-Liability of Divorce-Future Installments of Ali- Wife for Husband's Negligent mony or Maintenance Automatic Operation of Automobile Lien 57-221 (1955). 42-66 (1935) Divorce-Wife's Right to Obtain Ali- Independent Contractor-Liability of mony After Valid Ex Parte Divorce the Employer in West Virginia 58-193 (1956). 54-318 (1952) **Federal Taxation Of Alimony Ar- Insurance-Authority of Agent to rangements 56-88 (1954). Waive Conditions of Policy Income Tax-Alimony-Payments for 58-201 (1956) Months Prior to Divorce Decree Insurance-Liability of Insurer for Not Deductible 63-76 (1960). Unauthorized Act of Solicating Income Tax-Alimony Pursuant to an Agent 58-204 (1956) Invalid Divorce 68-214 (1966). **Liability For The Torts Of Indepen- Marriage and Divorce-Alimony in dent Contractors In West Virginia Annulment Proceedings 55-216 (1952-53) 47-343 (1941). -*Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 4 et al.: Subject Index

SUBJECT INDEX

Taxation-Estate Tax-Alimony **General, But Incomplete, Resume of 50-88 (1946). Appellate Procedure in West Vir- Trusts-Right to Reach Spendthrift ginia, A 55-28 (1952-53). Trust for Maintenance of Minor Habeas Corpus-Federal Courts- Children 58-114 (1955). Certiorari to United States Supreme Court as a State Remedy ANNULMENT 53-82 (1950). See also Divorce *Hearings and Rehearings in Banc in Courts-Jurisdiction to Annul Local the United States Courts of Appeal Marriage of Nonresident 57-62 (1955). 41-82 (1934). Internal Revenue-Administrative Law Marriage and Divorce-Alimony in -Finality of Findings of the Board Annulment Proceedings of Tax Appeals 44-151 (1937). 47-343 (1941). **Modus Operandi of the Supreme Residence Requirements-Applicability Court of Appeals, The of Divorce Statutes 61-313 (1959). 49-103 (1943). **Twenty Years of West Virginia Mar- **Objections and Expections riage and Divorce Law 52-12 (1949). 58-128 (1956). *"Practical Way to Prepare a Case for **West Virginia Marriage Law an Appellate Court, The 43-33 (1936). 59-56 (1956). ANTI- **Prosecution Appeals in West Virginia 41-50 (1934) Courts-Construction of Local Statute Summary of Criminal Appellate Re- by Foreign Court-Survival of form, A 42-277 (1936) Criminal Action After Corporate Dissolution 58-187 (1956). ARBITRATION & AWARD **Goverment by Injunction? Labor Law-Arbitration-Courts 52-217 (1950). Determination Whether Grievance Monopolies-Determination of Re- is Within Agreement to Arbitrate straint of Trade-Promotion of 63-374 (1961) Championship Boxing Contests Con- "Negotiation, Mediation and Especially stitutes Arbitration Labor Disputes a Relevant Market 51-201 (1949) 61-343 (1959). "Recent Supreme Court Decisions on Trade Regulation-Monopolies--Sta- Arbitration: An Arbitrator's View tus of Requirements Contracts Un- 63-295 (1961) der the Clayton Act 52-71 (1949). **Revision Of The Taft-Hartley Act 55-91 (1952-53) APPELLATE PROCEDURE Validity of Award-Scope of Sub- Appeal and Error-Law of the Case mission Agreement 51-126 (1948) -- Second Appeal 41-74 (1934). Appeal and Error-New Trial Or- ARMED FORCES dered as to Appealing Defendant Constitutional Law - Conscientious Objectors 67-312 (1965) Only 66-348 (1964). Constitutional Law-Court Martial- **Certified Cases Under the Statutes and Jurisdiction Over Civilian Depen- the Rules of Civil Procedure dents and Employees 62-380 (1960) 65-1 (1962). Federal Claims Act-Armed Constitutional Law-Equal Protection Forces-Injury Incident to Military -Appellate Review in Criminal Service 52-239 (1950) Case Based on Ability to Pay ARREST 59-79 (1956). **Correction of Error on Motion **:Arrest Without a Warrant in West 55-1 (1952-53). Virginia 48-207 (1942) *Extent of Judicial Review of Adminis- Criminal Law Nondisclosure of In- trative Tax Determinations in West formant 68-218 (1966) Criminal Law-Right to Resist Ille- Virginia 50-75 (1946). gal Arrest 68-353 (1966) Federal Appellate Procedure-Certio- Criminal Law-Search, Seizure and rari-Consideration of Constitution- Arrest Without Warrant-Probable al Objections Not Preserved on the Cause Necessary to Justify Record 52-65 (1949). 62-186 (1960) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 5 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

60 SUBJECT INDEX

Felons-Mistaken Identity ATTORNEYS 45-173 (1939) See also Lawyers; Legal Ethics Torts-False Arrest-False Imprison- Admission to Bar as Prerequisite of ment-Shoplifting 63-196 (1961) Holding Office as Prosecuting At- torney 66-122 (1964) & Attorney Not Disqualified to Notarize **Aggravated Assault in West Virginia Client's Affidavit 52-238 (1950) 62-319 (1960) **Bar And The New Deal, The Assault in Workmen's Compensation 41-103 (1935) Cases 61-288 (1959) **Bar As A Governing Caste, The **Law of Medical in West 48-85 (1942) Virginia, The 41-35 (1934) Constitutional Law-Right to Decline ASSIGNMENTS to Give Incriminating Testimony- Assumpsit-Common Counts-Action Disciplinary Actions Against Law- by Assignee 54-78 (1951) yers 61-146 (1959) Landlord and Tenant-Assignment or Contingent Fee Contract Between At- Sublease 59-86 (1956) torney and Client-Legal Effect of **Parties To Actions and Suits Under Provision Prohibiting Client From Compromising without Attorney's the Revised Code 43-87 (1937) 46-89 (1939) Taxation-R-eceipt of Income-Satis- *Corporate Benefits for Attorneys: faction of Judgment After Assign- Restrictions and Possibilities ment as Income to Assignor 64-310 (1962) 50-98 (1946) Courts-Contempt-Attorney Not an "Officer" of the Court Within the See Torts Meaning of the Federal Contempt Statute 58-299 (1956) ATOMIC ENERGY *Ethical Problem in the Representation **Administering That Ounce of Preven- of Union Members by Union At- tion: New Drugs and Nuclear Re- torneys, The 63-348 (1961) actors 68-109, 233 (1966) **Expanding Horizons of Legal Services, "Safeguarding Atoms-For-Peace: U. K. The 67-179, 267 (1965) Bilateral Agreements With Other Evidence-Stipulations and Admis- Nations 68-263 (1966) sions by Attorney-Client Bound *Thrust of Tort Law, The Thereby 61-326 (1959) 64-1, 115, 241 (1961-62) Fair Labor Standards Act-Contin- gent Fee Agreement-Allowance of ATTACHMENT AND GARNISH- Reasonable Attorney's Fee Under MENT FLSA Conditioned Upon Attorney's Amendment Of Attachment Affidavits Surrender of Contingent Fee Agree- and Orders 43-244 (1937) ment 51-275 (1949) *Attaching Creditor As Garnishee Fees-Administrative Agencies-Judi- 49-169 (1943) cial Proceedings to Review Admini- *Decade of Pleading, Practice and Pro- strative Decision 63-293 (1961) cedure, A 53-1 (1950) *'*Lawyer-An Appraisement, The Levy of Attachment and Execution on 46-5 (1939) Buyer's Interest Under Conditional **Lawyers' Obligations to the Courts Sales Contract 42-152 (1936) 61-22 (1958) Divorce Action-Suit Money and "Lawyers: What of the Law-and Law Temporary Alimony 43-333 (1937) Schools? 52-1 (1949) Equity-Sequestration of Personal Legal Ethics-Attorneys-Disbarment Property Pending Final Litigation While Serving as Judge to Determine Ownership 63-193 (1961) 44-226 (1938) Liability of Attorney to Beneficiary **Law of Garnishment in West Vir- in Preparing a Will 64-361 (1962) ginia, The 48-1 (1941) Public Policy-Rule of Swift v. Ty- Property of Prisoner in Hands of Of- son-Attorney's Fee Provision In ficer--Custodia Legis 42-159 (1936) Promissory Note 42-165 (1936) *Publication of Process in Attachment Relation of Trial Counsel to the Pub- Proceedings 46-223 (1940) lic, The 61-260 (1959) **Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 6 et al.: Subject Index

SUBJECT INDEX 61

*State Versus Federal Jurisdiction and -Liability of Automobile Control Over Admission and Dis- Driver Injuring Others After Sudden cipline of Attorneys 64-70 (1961) Physical or Mental Incapacitation 'Unauthorized Practice of Law, The 58-429 (1956) 62-248 (1960) Torts-Liability for Defective Motor Vehicular Brakes 68-107 (1965) ATTORNEY & CLIENT -Liability for Unintentional, **Attorney Negligence... A Suit With- Non-negligent Entry 65-332 (1963) in a Suit 60-225 (1958) *Thrust of Tort Law, The Attorney Not Disqualified to Nota- 64-1, 115, 241 (1961-62) rize Client's Affidavit 52-238 (1950) Torts-Automobiles-Degree of Care Contingent Fee As An Equitable As- 63-291 (1961) signment 45-278 (1939) Torts-Care Required of Driver At- Contract of Employment- tempting to Pass Another Vehicle for Intermeddling 65-295 (1963) 63-390 (1961) Disbarment for Invoking Fifth Amend- Torts-A New Test for Proximate ment-Denial of Due Process Cause? 65-85 (1962) 58-407 (1956) Disciplinary Action for Negligence BAILMENTS and Inattention by an Attorney Consumer Sales Tax-What Services 68-429 (1966) Taxable 46-173 (1940) Effective Representation - Federal *Law of Safety Deposit Boxes Procedure 58-291 (1956) 57-74 (1955) Evidence-Attorney-Client Privilege -Necessity of Proceeding Against BANKRUPTCY Client 60-197 (1958) Chapter 13 Wage Earners' Plans Evidence-Attorney - Corporation 64-217 (1962) Client Privilege 65-160 (1963) Constitutional Law-Bankruptcy- **Expanding Horizons of Legal Services, Constitutionality of the Amended The 67-179, 267 (1965) Frazier-Lemke Act 43-335 (1937) Handling of Client's Money or Other Constitutional Law-Municipal Cor- Trust Property-Commingling or porations-Constitutionality of Act Use by Attorney Cause For Sus- Extending Bankruptcy Act to Cover pension 62-260 (1960) Political Subdivisions of States Procedure-Imputability of Attorney's 43-159 (1937) Negligence to Client Under West Corporations-Effect of Dissolution Virginia Rules of Civil Procedure Under Statute Continuing Dissolved 67-173 (1965) Corporation-Power to Commit Act Sufficiency of Evidence to Justify An- of Bankruptcy 44-219 (1938) nulment of Attorney's License Failure to Keep Records as Grounds 59-287 (1957) for Denial of Discharge Union Programs to Obtain Legal 48-278 (1942) Counsel 67-66 (1964) Good Faith Not Lacking Where Credi- ATTRACTIVE tor Receives Security in Satisfaction See Torts of Antecedent Debt 67-332 (1965) Life Insurance-Trustee Not En- AUTOMOBILE titled to Cash Surrender Value of See also Motor Vehicles Policy 63-162 (1961) Automobile Registration-Owner of Oil and Gas-Discretion in Federal Automobile Leased for Compensa- Court to Permit Determination of tion Without a Driver Entitled to Boundaries of Bankrupt's Leasehold Class "A" Registration and License by State Court 42-161 (1936) Plates 57-96 (1955) *Right of Creditors to Reach Property Conflict of Laws-Erosion of Lex Held as Tenants by the Entirety Loci Delicti Theory 66-126 (1964) 64-338 (1962) *Determination of Liability in Auto- "*Rights and Powers in Chapter XIII mobile Insurance Policies Contain- 68-375 (1966) ing Excess Insurance Clauses, The Rights of Secured Creditor Under 63-48 (1960) Wage Earner's Plan 65-95 (1962) Evidence-Identity of Driver in Ab- Right of an Unincorporated Body to sence of Direct Evidence File Voluntary Petition 65-72 (1962) 48-166 (1942) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 7 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

62 SUBJECT INDEX

"Strong Arm Clause" Weakened Legitimatizing Statutes-Scope of 65-48 (1962) West Virginia Statute 45-370 (1939) Taxation-The Right to Collect Post- Torts-New Action for "Wrongful Bankruptcy Interest 66-71 (1963) Life" 68-345 (1966) Woman Unwed at Birth of Child but BANKS & BANKING Wed at Time of Bringing Action See also Bills & Notes 59-288 (1957) **Bank-Customer Relations Under the Uniform Commercial Code BIGAMY 64-657 (1962) Domestic Relations-The Effect of a **Bank Liability for Arrest of Deposi- Bigamous Marriage in a Workmen's tor Upon Wrongful Dishonor of Compensation Proceeding Check 63-309 (1961) 65-57 (1962) Duties and Liabilities of a Director BILLS & NOTES 43-157 (1937) See also Banks & Banking, Negotiable **Four Proposed Amendments to the Instruments West Virginia Constitution **Accomodation Parties to Negotiable 60-303 (1958) Instruments 61-83 (1959) Guaranty-Promise of Banker "to Conditional Delivery 61-165 (1959) Insure" Deposit 41-161 (1935) **Some Conflict of Laws Problems Re- Importance of Promptly Presenting lating to Negotiable Instruments Checks for Payment, The 66-91 (1964) 61-191 (1959) **Suretyship Law in West Virginia *Law of Safety Deposit Boxes 68-3 (1965) 57-74 (1955) *Necessity for Signature on a Check BLOOD TEST to be in Same Form as Signature on See Evidence Specimen Signature Card 68-293 (1966) BLUE LAWS Negotiable Instruments-Delivery of Constitutional Law-Sunday Closing Incomplete Instrument Laws-Validity Substained 44-62 (1937) 64-79 (1961) Parent and Child-Effect of Payment by Criminal Law-Judicial Arts on Sun- Bank of Child's Deposit to Parent day 67-334 (1965) not Legal Guardian 41-91 (1934) *Sunday Observance Laws Private Corporations-Banks and 62-373 (1960) Banking-Pledge of Bank Assets BONDS Held Ultra Vires 42-347 (1936) *Applicability of State Inheritance Tax Property-Joint Tenancy in Joint Statutes to United States Savings Bank Account 66-252 (1964) Bonds, The 59-342 (1957) *Taxation-Business Situs of Credits- Constitutional Law-Extention of Domestication of Foreign Corpora- State Credit-Industrial Develop- tion 41-412 (1935) ment Bond Act 67-228 (1965) Transfer of Funds From One Bank Private Corporations-Foreclosure of to Another Creating a Loan or De- Corporate Trust Indenture-Power posit, The 44-396 (1938) of Equity Court to Disregard Con- Trusts-Distinction Between Debt and tract Rights of Majority Bond- Trust Arrangement in Bank De- holders 42-250 (1936) posit 44-408 (1938) States-Constitutional Debt Limita- *Trust Preferences of Depositors in tion-Issuance of Revenue Bonds Bank Insolvency in West Virginia Secured by Pledge of University 41-70 (1934) Tuition Fee 59-206 (1957) Trusts-Special Deposits 45-284 (1939) BOYCOTTS & STRIKES BASTARDS See also Labor Law Evidence-Admissibility of the Re- *Hot Cargo Clauses as a Defense to suits of Blood Tests in Bastardy Union-Induced Secondary Boy- Proceedings 55-287 (1953) cotts 61-118 (1959) Evidence-Competency of Husband and "*Labor and The Law 44-87 (1938) Wife to Testify to Nonaccess Dur- Labor Law-Injunctions of Strikes ing Time of Conception Affecting National Health and 66-38 (1963) Safety 62-284 (1960) **Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 8 et al.: Subject Index

SUBJECT INDEX 63

**Revision of the Taft-Hartley Act *Judicial Abstention in the Federal 55-91 (1952) Courts-Its Origin, Purposes and Application 65-209 (1963) BURDEN OF PROOF Criminal Law-Statutory Presump- CHARITIES tions 66-133 (1964) Charitable Corporations Liability for Criminal Law-Use of Presumptions Torts 53-76 (1950) to Shift Burden of Proof Charitable Subscriptions - Enforce- 67-153 (1965) ability-Common Law Considera- *Ethical Problems and Responsibilities tion 49-92 (1943) of the Tax Attorney 66-111 (1964) *Cy Pres Doctrine in West Virginia, Evidence-Burden of Proof-Alibi The 58-169 (1956) 64-451 (1962) Federal Estate Taxation-Conditional Evidence-Burden of Proof-Pre- Bequests to Charity-No Deduc- sumption of Innocence tion 57-223 (1955) 63-274 (1961) Property-Restraint on Alienation **Law of Medical Malpractice in West 67-89 (1964) Virginia, The 41-35 (1934) *Public and Public Welfare Property BUSINESS Tax Exemption in West Virginia *Business Records as Evidence in West 55-171 (1952-53) Virginia 60-321 (1958) Taxation-Transfer for Public, Reli- **Industrial and Commercial Loans and gious, and Charitable Uses Guarantees for New or Expanding 66-145 (1964) Business Under the Public Works Torts-The Fall of the Charitable Im- and Economic Development Act of munity Doctrine 68-99 (1965) 1965 68-359 (1966) Taxation-Disbursements to Frustrate CHECKS State and Municipal Laws-Deduc- See also Bill & Notes tions as Business Expenses Not Al- **Bank Liability for Arrest of Deposi- lowed 59-96 (1956) tor Upon Wrongful Dishonor of CAPITAL GAINS TAX Check 63-309 (1961) See also Income Tax *Comparison of the Drawee's Rights *Comparison of the Tax Consequences on Altered Instruments Under the of a Sale of Good Will with a Common Law NIL and UCC, A Covenant Not to Compete, A. 66-293 (1964) 67-212 (1965) Importance of Promptly Presenting Income Tax-Amount of Control for Checks for Payment, The Capital Gains 67-337 (1965) 61-191 (1959) Income Taxation- of **Necessity for Signature on a Check Capital Gains Into Ordinary In- to be in Same Form as Signature come in Collapsible Corporations on Specimen Signature Card 65-168 (1963) 68-293 (1966) Internal Revenue-Deduction of Items Related to Capital Transactions CHILDREN 67-262 (1965) See also Infants Transferee Liability-A Capital Loss Domestic Relations-Custody of 55-54 (1952) Minor Children 67-74 (1964) CENSORSHIP Future Interest-Posthumous Child Constitutional Law-Censorship Sta- -- Child en ventre sa mere Re- tute-Vagueness 62-421 (1960) garded as in Being 42-344 (1936) Constitutional Law-Freedom of Infants-Child Labor Law-Contri- Speech and Press-Determination of butory Negligence 54-321 (1952) Obscenity 62-179 (1959) Infants-Equitable Procedure for Determining and Ordering Custody CERTIFIED QUESTIONS of a Neglected Child 59-389 (1957) "Certifies Cases Under the Statutes and Parent and Child-Compulsory Medi- the Rules of Civil Procedure cal Care Over Objections of Par- 65-1 (1962) ents 65-184 (1963) "General, But Incomplete Resume Of Appellate Procedure In West Vir- **Psychology Mental Illness, and the ginia, A 55-28 (1952) Law 60-55, 133 (1957) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 9 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

64 SUBJECT INDEX

Wrongful Death Award-Adopted Federal Civil Procedure-Service of Children Not Entitled to Share in Process in Aircraft Over A State Award for Wrongful Death of 62-423 (1960) Natural Father 60-401 (1958) Federal Courts-Another Chapter to Erie 68-332 (1966) CIRCUMSTANTIAL EVIDENCE Federal Jurisdiction-Citizenship in a See also Evidence Class or Entity Action 66-340 (1964) Criminal Law-Keeping Place of First Case on New West Virginia Civil Prostitution-Circumstantial Evi- Rules 64-359 (1962) dence of Corpus Delicti **Function of the Demurrer Under the 51-58 (1948) Revised Code 41-313 (1935) Identity of Driver in Absence of Direct **General But Incomplete Resume of Evidence 65-72 (1962) Appellate Procedure In West Vir- *Proof of the Corpus Delicti by Cir- ginia, A 55-28 (1952) cumstantial Evidence Where the Importance of Including All Grounds Body is Never Found 63-156 (1961) in Motion for New Trial Under Federal Rules of Civil Procedure CITY PLANNING 65-190 (1963) See also Zoning **Municipal Zoning Imputability of Attorney's Negligence and Land Use Re- to Client Under West Virginia Rules gulation 53-301 (1951) of Civil Procedure 67-173 (1965) *Some Municipal Annexation Problems Involuntary Dismissal-An Interpreta- in West Virginia 68-394 (1966) tion of Rule 41 (b) of the Federal Rules of Civil Procedure CIVIL PROCEDURE 65-187 (1963) See also Actions & Defenses, Appel- **Judgment Non Obstante Veredicto late Procedure, Federal Rules of 51-14 (1948) Civil Procedure, Jurisdiction, Plead- Jurisdictional Aspects of West Virginia ing, Pretrial Procedure Rules 5(d) and 59(b) 68-356 (1966) **Basic Introduction to the New West **Law of Garnishment in West Virginia, Virginia Rules of Civil Procedure, The 48-1 (1941) A 62-117 (1959) "Note on Declaratory Judgment Plead- **Certified Cases Under the Statutes and ing and Practice, A 48-130 (1942) the Rules of Civil Procedures "Objections and Exceptions 65-1 (1962) 52-12 (1949) **Common Law Pleading Modified Ver- *Permanent Injury; General or Special sus the Federal Rules 52-137 (1950) Damage 64-405 (1962) **Common Law Pleading Modified Ver- Pleading-Actions-Injury to Person and sus the Federal Rules Property One Cause of Action 53-27, 142, 195 (1950-51) 51-71 (1948) Contracts-Third Party-Creditor- Pleading-Amended C o m p a i nt Beneficiary Contracts Enforced at Changing Cause of Action Law 42-242 (1936) 63-95 (1960) **Correction Of Error On Motion 55-1 (1952) Pleading-Nonsuit After Motion to **Decade of Pleading, Practice and Pro- Direct a Verdict 48-288 (1942) cedure, A 53-1 (1950) Pleading Premature Institution of Demurrer to Misjoinder of Parties Equity Suit 42-349 (1936) Under the Revised Code *Practical Way to Prepare a Case for 44-228 (1938) an Appellate Court, The -Requirement that Property 59-56 (1956) be of Actual Value-Alternate **Preliminary Remarks to Jurors Judgment as Controlling Element in Value Requirement 45-381 (1939) 47-323 (1941) *Derivative Stockholder's Suits in West *'Prior West Virginia Equity Practice Virginia 44-129 (1938) Regarding Necessary Joinder of *Discovery of Liability Insurance Un- Parties as Precedent Under Rule 19 der New Rules 64-419 (1962) 68-53 (1965) Federal Appellate Procedure-Cer- "Proposed Rules for Changes in Fed- tiorari-Consideration of Constitu- eral Practice, The 43-23, 110 (1936) tional Objections not Preserved on *"Public and the State Bar, The the Record 52-65 (1949) 53-65 (1950) *Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 10 et al.: Subject Index

SUBJECT INDEX

Questions to Determine Use of Per- CLAIMS emptory Challenges 64-360 (1962) See also Government Immunity **Recent Developments in Local Pro- **Common Law Pleading Modified Ver- cedure 47-165 (1941) sus the Federal Rules 52-137 (1950) Remedies-Mandamus - Procedure Pleading-Actions-Injury to Person and Used to Omit Former Deputy's Property One Cause of Action Name on Ballot for Sheriff 51-71 (1948) 63-285 (1961) **State Court of Claims 49-45 (1942) '*Right of Trial by Jury in Civil Cases, 47-13 (1940) COAL Rules of Civil Procedure-Interposing See also Mines & Mineral Counterclaim-Effect on Venue -*Coal Mining Rights and Privileges in and Jurisdiction 63-287 (1961) West Virginia 52-32 (1949) *Rules of Pleading Applied to Repre- Landlord and Tenant-Assignment sentative Capacity 47-40 (1940) or Sublease 59-86 (1956) "Selecting Jurors 48-47 (1941) Mines and Minerals-Effect of Re- Service of Process-Agent Authorized to servation of Royalties from Lease- Accept Service Must be Required to hold as to Inclusion of Same on Give Notice 65-338 (1963) Renewal 42-73 (1935) **Some Modern Procedural Develop- Mines and Minerals-Merger of Coal ments 46-134 (1940) Lease in Reversion to Minerals- ""Substance and Procedure in Rule Houses as Trade Fixtures Under Making 51-34 (1948) Coal Lease 46-264 (1940) **Trial by the Court without a Jury *Mines and Minerals-Implied Right 54-1 (1951) to Strip Mine Coal 58-174 (1956) Waiver of Special Appearance-Effect "Minable and Merchantable Coal or Rules of Civil Procedure 49-173 (1943) 68-211 (1966) Mines and Minerals-Mining Rights Determined by Construction of CIVIL RIGHTS Deed-Common Mining Practice at See also Discrimination, Segregation Time and Place of Execution of Application of Judicial Immunity and the Deed 62-192 (1960) *On Leasing Gas From Coal Seams 68-311 (1966) 47-211 (1941) Constitutional Law-State Action Un- Open Sales and Open Price Contracts der Hill-Burton Act 66-325 (1964) 42-154 (1936) Criminal Law-Double Jeopardy- Some Aspects of Tort Liability in the Multiple Transgressions from a Mining of Coal 61-243 (1959) Single Act 65-54 (1962) Some Problems of the Bituminous Criminal Procedure-Right to Counsel Coal Industry 45-109 (1939) Prior to Trial 61-65 (1958) *Statutory Regulation of Strip Mining Due Process-Requirement that a Pri- 47-52 (1940) soner be "Duly Cautioned" **Use of the Containing Space After the 65-60 (1962) Removal of Subsurface Minerals *Equal Protection and the Race 52-202 (1953) Problem 62-171 (1960) Federal Courts-Prosecution of Of- COLLECTIVE BARGAINING ficers Under the Civil Rights Acts See also Labor Law 68-335 (1966) Contracts--Collective Bargaining- *Federal and State Prosecutions for Consideration for Promise to Pay Same Cash Equivalents or Benefits Offense 62-164 (1960) 57-208 (1955) *Judicial Abstention in the Federal **Determination of the Appropriate Courts-Its Origin, Purpose, and Unit for Collective Bargaining Application 65-209 (1963) 54-17 (1951) "Legislative Reapportionment: Baker Labor Law-Application of Pre-emp- v. Carr 65-129 (1963) tion Doctrine in Suits to Enforce Removal of Cause 67-219 (1965) Collective Bargaining Agreement 65-316 (1963) *Right of Petition 55-275 (1953) Labor Law-Collective Bargaining- **Thrust of Tort Law, The Rent on Company Owned Houses 64-1, 115, 241 (1961-62) 56-67 (1954) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 11 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

66 SUBJECT INDEX

Labor Law-Employee Rights Under **Judicial Review of Statutes in Con- Collective Bargaining Agreement tinental Europe, The 41-112 (1935) 65-236 (1963) Labor Law-Mandatory Requirements of Bargaining 64-439 (1962) See ; Negli- Labor Law-Unprotected Activities gence as Affecting Requirements of Union's Duty to Bargain CONDITIONAL SALES 62-410 (1960) See Sales **National Labor Relations Board, The 56-79 (1954) CONFESSIONS **Negotiation, Mediation and Especi- Constitutional Law-The Scope of the ally Arbitration in Labor Disputes Escobedo Rule 67-307 (1965) 51-201 (1949) Constitutional Law-Voluntary Con- **Revision Of The Taft-Hartley Act fessions 68-190 (1966) 55-91 (1952-53) Criminal Law-Admissibility in Crimi- **Taft-Hartley Act and the Balance of nal Courts of Evidence Derived Power in Labor Relations, The from Inadmissible Juvenile Confes- 51-141 (1949) sions 67-69 (1964) **Trends in the Administration of the Criminal Law-Confession Before Ar- Taft-Hartley Act 51-152 (1949) raignment 67-239 (1965) Criminal Law-Delay in Arraignment COMMERCE -Admissibility of Confessions *Construction Workers in Interstate 60-195 (1958) Transportation 51-264 (1949) Criminal Law-Due Process-Coerced **Doctrinal Development of the Tenth Confession in State Courts Amendment, The 51-227 (1949) 61-62 (1958) Constitutional Law-C o m m e r c e Evidence-Admissions and Confes- Clause--Supersedure of State Regu- sions Distinguished 61-318 (1959) lation by the Federal Motor Car- rier Act 55-146 (1952-53) CONFLICT OF LAWS Constitutional Law-Interstate Com- See also Domicil; Full Faith and Cre- merce--State Control of Interstate dit Activities 61-143 (1959) Appointment of a Valid Agent for Ser- Constitutional Law-N a v i g a b I e vice of Process 66-242 (1964) Waters-Extension of the Federal Choice of Law-(Adhesion) Contract of Perogative 63-59 (1960) Affreightment With Stipulation of **Ohio Valley Panorama 54-186 (1952) Applicable Law 58-83 (1955) Taxation and Interstate Commerce Collateral Attack of Foreign Divorce 68-422 (1966) Decree 68-103 (1965) Unfair Competition-Infringement of Constitutional Laws-Conflict of Trade Name-Prerequisites to En- Laws-Use of Interpleader to Avoid join 58-209 (1956) Double Inheritance Taxation COMMON LAW 44-398 (1938) **Judgment Non Obstante Veredicto Constitutional Law-Full Faith and Credit to Public Acts 43-229 (1937) 51-14 (1948) Divorce-Recognition of Foreign De- **Our Changing Common Law cree 41-155 (1935) 48-24 (1941) **Effects of the Autonomy of the Parties COMPACTS on the Validity of Conflict-of-Laws **Ohio Valley Panorama 54-186 Sales Contracts, The 62-223 (1960) (1952) Erosion of Lex Loci Delicti Theory COMPARATIVE LAW 66-126 (1964) **Excise Taxes in Their Relationship to Consular Agent Representing His Na- Property Taxes 46-21 (1939) tional as Beneficiary 68-182 (1966) Full Faith and Credit for Foreign Cus- **Control of Industry in a Federal tody Judgments 64-427 (1962) System-A Chapter in Australian Full Faith and Credit-Judgment of a Constitutional Development, The Sister State 61-162 (1959) 41-206 (1935) Full Faith and Credit-Lack of Juris- **Federal Control of State Employees diction vs. Mistake of Law in Austrialia, The 41-332 (1935) 65-89 (1962)

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 12 et al.: Subject Index

SUBJECT INDEX

Full Faith and Credit vs. Res Judicata Sales-Uniform Commercial Code- 65-220 (1963) Consideration for Modification of Intersponsal Tort Immunity a Contract 65-330 (1963) 68-407 (1966) Interstate Status of Divorce CONSORTIUM, LOSS OF 62-263 (1960) Damages-Loss of Consortium-Re- Jurisdiction over Nonresident De- covery by Either Spouse fendants by Extra-territorial Service 63-186 (1961) of Process 63-269 (1961) Domestic Relations-Wife's Action for *Law of Domicil As Affecting the Loss of Consortium 65-335 (1963) Validity of Marriages in a Foreign Husband and Wife-Right of Wife Jurisdiction, The 43-150 (1937) to Recover for Loss of Consortium Law Governing Testamentary Trusts Due to Injury Caused by Negligence Involving Movables 66-240 (1964) 53-191 (1951) Negligence, Conflict of Laws-Action Against Spouse for Tort in Another Criminal Law-Conspiracy-Consis- State 41-429 (1935) tency Rule 65-151 (1963) Place of the Wrong Rule in Wrongful Criminal Law-Conspiracy-Defen- Death Action 67-304 (1965) dant has Absolute Right to Separate **Some Conflict of Laws Problems Re- Trial 64-110 (1961) lating to Negotiable Instruments Criminal Law-Former Jeopardy- 66-91 (1964) Indictment for Conspiracy to Mur- 68-216 (1966) der 64-345 (1962) "*Swiftv. Tyson and the Construction of State Statutes 41-131 (1935) CONSTITUTIONAL AMENDMENTS "'Workmen's Compensation, Conflict of Constitutional Law-Apportionment Laws and The Constitution of Constitutional Conventions 55-131, 233, (1952-53) 68-314 (1966) Wrongful Death Measure of Damages Civil Rights-Removal of Cause -- Substantive or Procedural? 67-219 (1965) 65-146 (1963) Constitutional Law-Freedom of Re- CONSCIENTIOUS OBJECTORS ligion and the Police Power Constitutional Law - Conscientious 68-65 (1965) Objectors 67-312 (1965) Constitutional Law-Prospective Limi- Constitutional Law - Freedom of tations of Mapp v. Ohio Conscience-Compulsory Military 68-70 (1965) Training in Land Grant Colleges Criminal Law-Administrative Law 41-281 (1935) and the Right to Trial by Jury CONSIDERATION 68-73 (1965) See also Contracts Criminal Law-Comment on Defen- Bills and Notes-Negotiable Paper dant's Failure to Testify Under Seal-Necessity of Con- 68-319 (1966) sideration 41-280 (1935) **Four Proposed Amendments to the Charitable Subscription-Enforceabi- West Virginia Constitution lity-Common Law Consideration 60-303 (1958) 49-92 (1943) **Work of the West Virginia Commis- Contracts-Forbearance to Prosecute sion on Constitutional Revision, The a Claim as Consideration 67-1 (1964) 46-342 (1940) Deeds-Recital of Consideration-Ap- CONSTITUTIONAL LAW plicable Statute 54-80 (1951) Insurance-Receipt on Back of Check See also Civil Rights; Delegation of Not Binding Unless Supported by Powers; Due Process of Law; Equal Consideration 43-163 (1937) Protection; Full Faith & Credit; Lotteries-Consideration Necessary to Police Power, Search & Seizure, Constitute-Bank Night and Simi- Self-Incrimination, separation of lar Theatre Give-away Programs Powers 52-131 (1950) AAA Decision, The 42-141 (1936) Release-Restoration of Consideration *Admissibility of Results of Compul- as Condition Precedent to Releasor's sory Blood Tests to Determine In- Action for Damages 60-298 (1958) toxication 60-72 (1957) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 13 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

68 SUBJECT INDEX

Admission to the Bar-Denial of Ad- Criminal Law-Double Jeopardy-- mission to Admitted and Suspected Waiver Theory Disapproved Subversives 60-81 (1957) 60-281 (1958) Alien-Suspension of Deportation- Criminal Law-Due Process-Coer- Use of Confidential Information ced Confession in State Courts 59-199 (1957) 61-62 (1958) Apportionment of Constitutional Con- Criminal Law-Extension of Statute ventions 68-314 (1966) of Limitations Not an Ex Post Facto Attorney and Client-Disbarment for Law 62-112 (1959) Invoking Fifth Amendment-Denial Criminal Law-Evidence--Searches of Due Process 58-407 (1956) and Seizures-Silver Platter Doc- Bankruptcy-Constitutionality of the trine Abolished 63-56 (1960) Amended Frazier-Lemke Act Criminal Law-Plea of Not Guilty- 43-335 (1937) Coercion by Judge 60-287 (1958) **Broadcasting in the Courtroom Criminal Law-Right to a Public 60-312 (1958) Trial-Courtroom Barred to Pub- Censorship Statute-Vagueness lic 60-372 (1958) 62-421 (1960) Criminal Law-Search, Seizure and **Challenge for Unremitting Activity for Arrest Without Warrant-Probable Reform of Lower Courts, A Cause Necessary to Justify 50-105 (1947) 62-186 Civil Rights-Removal of Cause Criminal Procedure-Right to Counsel 67-219 (1965) Prior to Trial 61-65 (1958) Commerce Clause-Supersedure of Cruel and Unusual Punishment In- State Regulation by the Federal flicted for Contempt 53-179 (1951) Motor Carrier Act Delegation of Legislative Power-- 55-146 (1952-53) Time Fixing Statute 61-47 (1958) Conflict of Laws-Constitutional Law Delegation of Power-School Board -Full Faith and Credit to Public Tax on Recordation of Instruments Acts 43-229 (1937) 61-78 (1958) Conflict of Laws-Divorce-Recogni- Discrimination in Interstate Commerce tion of Foreign Decree 67-261 (1965) 41-155 (1935) Discrimination in Selection of Grand Conflict of Laws-Full Faith and Jurors 67-96 (1964) Credit-Judgment of a Sister State **Doctrinal Development of the Tenth 61-162 (1959) Amendment, The 51-227 (1949) Conflict of Laws-Use of Interplead- Double Inheritance Taxation-Inter- er to Avoid Double Inheritance pleader by Interested State Taxation 44-398 (1938) 45-375 (1939) Conscientious Objectors 67-312 (1965) Double Jeopardy 68-185 (1966) **Constitutional Government Double Jeopardy-Improper Dis- 44-18 (1937) charge of Jury Before Verdict Constitutional Law 60-211 (1958) 45-71 (1938) Construction of Constitutional Pro- Due Process in Determination of vision for Sale of Land for School Sanity of Condemned Prisoner-- Fund-Right of Redemption Re- Remedial Procedures 61-141 (1959) stricted 51-56 (1948) Due Process-Evidence of Prior Con- **Control of Industry in a Federal viction 61-217 (1959) System-A Chapter in Australian Due Process-Evidence Required to Constitutional Development, The Sustain Criminal Conviction 41-206 (1935) 62-384 (1960) *Courts and Bible Reading in the Pub- Due Process-Pre-Need Burial Con- lic Schools, The 62-353 (1960) tract Statute Held Unconstitutional Court-Martial-Jurisdiction Over 61-49 (1958) Civilian Dependents and Employees Due Process-Prosecutions With- 62-380 (1960) holding Evidence Favorable to De- Court-Martials-Jurisdiction Over Ex- fendant Held Violative Servicemen 58-293 (1956) 60-189 (1958) Criminal Law-Double Jeopardy- Due Process-Requirement that a New Trial After Reversal for In- Prisoner be "Duly Cautioned" sufficient Evidence 62-109 (1959) 65-60 (1962) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 14 et al.: Subject Index

SUBJECT INDEX 69

Due Process-Right to Counsel in Freedom of Speech-Ordinance Re- State Non-Capital Cases quiring Registration of Union Or- 65-297 (1963) ganizers Held Violative Due Process-Waiver of Right to Ob- 60-272 (1958) ject to Composition of Grand Jury Gift of Land "for Use by White Race 58-410 (1956) Only" Creates Possibility of Re- Due Process-What Constitutes verter for Violation 58-185 (1956) "Doing Business" 62-181 (1959) **Is a Corporation a "Person?" Equal Protection-Appellate Review 44-247 (1938) In Criminal Case Based on Ability Impairing Obligation of Contracts- to Pay 59-79 (1956) Statute of Limitations on Enforce- Equal Protection of Laws-Graduated ment of Lien of Trust Deed Gross Sales Tax 41-422 (1935) 42-342 (1936) 'Equal Protection and the Race Prob- Impairment of Contract-Retrospec- lem 62-171 (1959) tive Limitations on Claims Under Equal Protection of the Laws-State Optional Compensation System Regulation of Money Order Agen- 48-58 (1941) cies 60-191 (1958) Indigents' Waiver of Counsel on Ap- *Equality and Uniformity in Property peal 68-411 (1966) Taxes 62-70 (1959) Interstate Commerce-State Control Evidence-Obtained by Unlawful of Interstate Activities 61-143 (1959) Search-Admissibility to Discredit **John Marshall-His Influence on the Defendant's Testimony Constitution and the Courts 56-125 (1954) 42-14 (1935) Evidence-Privilege Against Self In- "Judge's Responsibility on a Plea of crimination-Constitutionality Of Guilty, The 62-214 (1960) Immunity Statutes 58-420 (1956) *Judicial Abstention in the Federal Evidence-Search and Seizure-Ad- Courts-Its Origin, Purposes, and missibility When Obtained Incident Application 65-209 (1963) to Arrest Without Warrant *Judicial Revuew of Administrative 61-236 (1959) Action in West Virginia-A Study Evidence-Wire Tapping-Admissibi- in Separation of Powers lity of Matter Illegally Obtained 44-270 (1938) 60-292 (1958) **Judgment Non Obstante Veredicto Extention of State Credit-Industrial 51-14 (1948) Development Bond Act Justice of the Peace Disqualified by 67-228 (1965) Pecuniary Interest-1961 Statute Fair Trades Act-Nonsigner Provi- Held Invalid 64-340 (1962) sion Not Expressed in Title of Act *Justice and His Fees, The is Unconstitutional 60-117 (1957) 41-268 (1935) Federal Appellate Procedure-Cer- Juvenile Courts-Constitutional Rights tiorari-Consideration of Constitu- and Rules of Evidence Applicable tional Objections Not Preserved on 57-225 (1955) the Record 52-65 (1949) *Land Book Assessment Amendment- *Federal and State Prosecutions for Enabling Legislation, The Some Offense 62-164 (1959) 41-400 (1935) Federal Taxation of State Liquor Legislation-Separability Clauses in Monopoly 41-76 (1934) Statutes-Cumulative Unconstitu- Freedom of Conscience-Compulsory tional Items in Appropriations Acts Military Training in Land Grant 56-70 (1954) Colleges 41-281 (1935) Legislative Investigations-Pertinence Freedom of the Press-Testimony and Scope of Inquiry 60-83 (1957) Privilege of Journalist 61-220 (1959) *Legislative Reapportionment: Baker Freedom of Religion and the Police v. Carr 65-129 (1963) Legislator's Privilege From Arrest Power 68-65 (1965) 41-159 (1935) Freedom of Religion-Statutory Pre- Military Courts Martial-Trial of ference for Adoption by Persons Of Civilians 60-86 (1957) Same Religion as Child Municipal Corporations-Constitu- 57-204 (1955) tionality of Act Extending Bank- Freedom of Speech and Press-Deter- ruptcy Act to Cover Political Sub- mination of Obscenity 62-179 (1959) divisions of States 43-159 (1937) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 15 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

70 SUBJECT INDEX

Municipal Corporations-Fluoridation Religious Freedom in the Use of of Water Supplies 57-205 (1955) Property 62-114 (1959) Municipal Debt Limit-Bond Issue Right to Counsel-Conflicting Inter- Payable From Unility Income ests of Counsel as Ground for Re- 41-78 (1934) versal (60-366 (1958) Nationality-Involuntary Expatriation Right to Decline to Give Incriminating 61-51 (1958) Testimony-Disciplinary Actions Navigable Waters-Extension of the Against Lawyers 61-146 (1959) Federal Perogative 63-59 (1960) *Right of Petition, The Obligation of Contract Clause-Tax 55-275 (1953) Titles 48-61 (1941) *Right to Trial By Jury in Civil Cases, Obscenity 60-89 (1957) The 47-13 (1940) **Ohio Valley Panorama 54-186 (1952) Scope of the Escobedo Rule, The **Pending Peril and the Right to Search 67-307 (1965) Dwellings 58-219 (1956) Search and Seizure-Right of Privacy Police Power-Regulation of Junk of the Home 61-224 (1959) Yards 64-76 (1961) Search and Seizure-Telecommunica- Power to Appoint Prosecuting Attor- tions 63-63 (1960) ney 42-239 (1936) Separation of Powers-Control by Power of Federal Courts to Declare Judiciary of Compensation of Court Acts of Congress Unconstitutional, Attaches 56-119 (1954) The 42-96 (1936) Separation of Powers-Issuance of **Predictability of the Law; Its Relation Municipal Charter by Circuit Court of Respect for Law 66-1 (1963) 51-128 (1948) Privacy-Right of Individual on Pub- Smith Act-Requirement of Words of lic Conveyances 55-64 (1952) Incitement 60-91 (1957) Privileges and Immunities of Citizens "*Some Elementary Principles of Con- in the Several States-Right of State stitutional Law 53-117 (1951) to Impose Residence Requirement Sovereign Immunity of State Agency for Distributors of Nonintoxicating 61-316 (1959) Beer 44-64 (1937) State Action Under Hill-Burton Act. *Problem of Financing Municipal 66-325 (1964) Capital Outlays in West Virginia, Substantive Due Process and Equal The 41-276 (1935) Protection-Naturopaths Required Procedural Due Process-Exclusion to be Medical Doctors From Public Employment for In- 59-201 (1957) voking the Fifth Amendment Sunday Closing Laws-Validity Sub- 59-81 (1956) stained 64-79 (1961) Procedural Due Process-Irregularity State Taxation of Federal Property in in Preparation of Trial Transcript Possession of Private Contractor 60-116 (1957) 61-53 (1958) **Prosecution Appeals in West Vir- "State and Nation in a Federal System ginia 41-50 (1934) 41-1 (1934) Prospective Limitations of Mapp v. **Taxation and School Support in West Ohio 68-70 (1965) Virginia 50-1 (1946) Protected Freedoms and Rights-En- *Taxation-Business Situs of Credits-- forced Organization Dues Domestication of Foreign Corpora- 64-220 (1962) tion 41-412 (1935) Public Health-Mandamus *Taxation-Constitutional Aspects of 58-427 (1956) Tangible Property Assessments **Public and Public Welfare Property 68-300 (1966) Tax Exemption in West Virginia Taxation-Constitutionality of Tax- 55-171 (1953) Refund Statute 53-94 (1950) Public School Desegregation-Pupil Taxation-Power of State to Tax Placement Plan 63-354 (1961) Gross Receipts from Contracts of Punishment for Crime-Requirement the Federal Government that Penalty be Proportioned to 44-215 (1938) Offense 48-63 (1941) Taxation of Interstate Commerce Regulation of the Milk Industry 54-327 (1952) Through Price Control Taxation and Interstate Commerce 63-165 (1961) 68-422 (1966) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 16 et al.: Subject Index

SUBJECT INDEX 71

Taxation of Interstate Commerce- CONTEMPT Railroad Loop Traffic *Contempt by Publication in West Vir- 60-275 (1958) ginia 49-84 (1942) Torts-Initial Recognition of Right Contempt-Power of Chancery to of Privacy-Allegation of Publica- Punish 47-152 (1941) tion Unnecessary to Maintain Ac- Constitutional Law--Cruel and Un- tion 61-230 (1959) usual Punishment Inflicted for Con- Treaties-The United Nations Char- tempt 53-179 (1951) ter as the Supreme Law of the Land Courts-Contempt-Attorney Not an 52-79 (1950) "Officer" of the Court Within the United States-Federal Enclaves-Re- Meaning of the Federal Contempt sidents as State Citizens Statute 58-299 (1956) 57-234 (1955) Courts--Criminal Contempt-Attor- Unlawful Search and Seizure-Evi- ney Who Mailed Questionnaires to dence Obtained Thereby Not Ad- Grand Jury Convicted Under Fed- missible in State Courts eral Contempt Statute 64-83 (1961) 58-88 (1955) Validity of Special Legislation Acts **General, But Incomplete Resume of Authorizing Reopening of Claims Appellate Procedure In West Vir- Under Workmen's Compensation gima, A 55-28 (1952) Law 48-282 (1942) Voluntary Confessions 68-190 (1966) CONTRACTS Waiver of Counsel-Capacity to See also Acts of Legal Significance; Waive 60-399 (1958) Government Contracts; Options; **Waiver of Trial by Jury: A Further Quasi-Contracts; Sales; Specific Comment 41-249 (1935) Performance; Statute of Frauds; West Virginia Better Schools Amend- Vendor & Purchaser ment-Legislative Extension Uncon- Acceptance by Telephone-Place of stitutional 63-357 (1961) Contract 61-57 (1958) *West Virginia Habitual Criminal Law Agency-Broker's Right to Commis- 59-30 (1956) sions 44-213 (1938) "*Workmen's Compensation, Conflict of Agent's Right to Commission on Laws and the Constitution Reorders After Termination of His 55-131, 233 (1952-53) Employment 67-225 (1965) Widening Scope of State Habeas Cor- Assumpsit-Common 'Counts-Action pus Relief, The 67-234 (1965) by Assignee 54-78 (1951) Witnesses-Privilege Against Self-In- Attorney and Client--Contract of crimination 60-278 (1958) Employment-Damages for Inter- CONDEMNATION OF LAND meddling 65-295 (1963) Broker's Exclusive Listing Contract- See also Eminent Domain Unilateral or Bilateral, The? CONSTRUCTIVE TRUSTS 61-274 (1959) See also Trusts Collective Bargaining--Consideration Acquisition of Property by Murderer- for Promise to Pay Cash Equiva- Tenancy by the Entirety lents or Benefits 57-208 (1955) 59-84 (1956) Conditions-Restraint of Remarri- Constructive Trusts in West Virginia age 63-167 (1961) 45-357 (1939) Constitutional Law-Due Process- Corporation as Beneficiary Under Pre-Need Burial Contract Statute Constructive Trust of Outstanding Held Unconstitutional 61-49 (1958) Corporate Bonds 42-168 (1936) Constitutional Law-Impairing Obli- Duty of Agent to Reconvey Land gation of Contracts--Statute of Purchased for Principal-Statute of Limitations on Enforcement of Frauds 50-177 (1947) Lien of Trust Deed 42-342 (1936) Survivorship in Joint Tenancy-Right Constitutional Law-Impairment of of Murder to Recover Entire Contract-Retrospective Limitations Fund of Deceased 42-241 (1936) on Claims Under Optional Com- Torts--Constructive Trusts pensation System 48-58 (1941) 43-239 (1937) Contracts for the Benefit of Third *Trust Preferences of Depositors in Persons-Liability of Insurer on Bank Insolvency in West Virginia Malpractice Policy to Third Per- 41-70 (1934) son 44-149 (1938) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 17 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

72 SUBJECT INDEX

Contractual Liability of Government Open Sales and Open Price Contracts for an Act Enhancing Cost of Per- 42-154 (1936) formance-Element of Knowledge *Oral Contracts to Devise and Be- 62-190 (1960) queath in West Virginia **Covenants In Leases in West Vir- 58-398 (1956) ginia 57-1 (1955) *Parol Evidence Rule in West Virginia Doctrine of Ultra Vires in the United -When is a Writing Complete? States Supreme Court, The The 41-273 (1935) 42-179, 206, 297 (1936) Practical Construction-Acts of the Dower-Property Subject to Right- Parties 54-163 (1952) Contract Before Marriage to Will Problem in Interpretation, A to Another 51-60 (1948) 42-110 (1936) **Effects of the Autonomy of the Parties Quasi Contracts-Recovery for Mis- on the Validity of Conflict-of-Laws take of Law-Settlement of Dis- Sales Contracts, The 62-223 (1960) puted Claim 42-256 (1936) **Excuse of Impossibility in West Vir- Release-Restoration of Considera- ginia Contract Law, The tion as condition Precedent to Re- 48-189 (1942) leasor's Action for Damages *Factor of Time in Specific Perfor- 60-298 (1958) mance, The 41-147 (1935) Removal of Timber-Failure Season- Forbearance to Prosecute a Claim as ably to Exercise Option Consideration 46-32 (1940) 56-57 (1954) Guaranty-Promise of Banker "to **Sole Beneficiary Problem in West Vir- Insure" Deposit 41-161 (1935) ginia, The 49-132 (1943) Holder's Liability for Unauthorized *Specific Performance of Contract for Purchases on Credit Card the Sale of Stock in West Virginia 67-145 (1965) 43-330 (1937) Injunctions-Covenant of Employee Specific Performance-Right of defen- not to Compete-Validity of Ex- dant to Show Duress Without Of- tensive Territorial Restriction- fering to Rescind Entire Contract Divisibility 41-285 (1935) 46-351 (1940) Injunctions-Covenants in Employ- States-Public Contracts-Disquali- ment Contracts-Extent of Restric- fication of Officers as Applying to tion 51-131 (1948) Funds Received from Federal Injunction-Interference with Advan- Government 52-70 (1949) tageous Business Relation-Selling Sufficiency of Notice to Require Ex- Solution in Puzzle Contest ercise of Option 48-67 (1942) 48-174 (1942) Third Party Creditor-Beneficiary *Insolvency as a Ground of Equity Contracts Enforced at Law Jurisdiction in West Virginia 42-242 (1936) 41-66 (1934) Trade Regulation-Monopolies- Insurance-Cash Surrender Value- Status of Requirements Contracts Mutual Mistake 48-176 (1942) Under the Clayton Act 52-71 (1949) Insurance-Release--Recission for "Use of the Containing Space After Mutual Mistake-Existing but Un- the Removal of Subsurface Min- known Injury as Grounds Therefor erals 55-202 (1952-53) 65-177 (1963) Vendors and Purchasers-Recission of Insurance-Interpretation of Word Contracts-Tender of Possission "War" 55-149 (1962-63) 41-96 (1934) Interference With Contract-Liability Vendor-Purchaser-Rights of De- Where No Enforceable Contract faulting Purchaser 55-291 (1952-53) 58-302 (1956) ' Workmen's Compensation, Conflict of Labor Relations-Union-Employer Law and the Constitution Contract-Employee's Rights 55-131, 233 (1952-53) 55-153 (1952-53) Levy of Attachment and Execution CONTRIBUTORY NEGLIGENCE on Buyer's Interest Under Condi- See also Negligence; Torts tional Sales Contract 42-152 (1936) 'Contributory Negligence in West Vir- *Liability Under Promoter's Contracts ginia 44-55 (1937) 57-81 (1955) Infants-Child Labor Law-Contribu- **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 18 et al.: Subject Index

SUBJECT INDEX 73

tory Negligence 54-321 (1952) Due Process-Service of Process on Instructions 59-278 (1957) Foreign Corporations 66-153 (1964) Instructions-Binding Instruction on Effect of Dissolution Under Statute Contributory Negligence Need not Continuing Dissolved Corporation- State Specific Acts of Negligence Power to Commit Act of Bank- 64-231 (1962) ruptcy 44-219 (1938) **-Some Further Effect of Proposed Stock Voting Observations 49-51 (1943) Amendment on Outstanding Stock **Law of Medical Malpractice in West 60-203 (1958) Virginia, The 41-35 (1934) Evidence - Attorney - Corporation Torts-Assumption of Risk and Con- Client Privilege 65-160 (1963) tributory Negligence as Separate *Extension of Legislative In Personam Defenses 61-157 (1959) Jurisdiction Over Foreign Corpora- Torts-Contributory Negligence-Ex- tions 59-369 (1957) tent of Duty to Protest Against Federal Courts-Diversity of Citizen- Reckless Driving 48-80 (1941) ship-Corporation's Principal Place Torts-Negligence Per Se of Business 63-389 (1961) 41-81 (1937) Federal Courts-Diversity Jurisdiction -Corporate Citizenship at its Place COPYRIGHT of Business 62-405 (1960) *Copyrights: A Thumbnail Sketch Federal Courts-Diversity Jurisdiction 60-331 (1958) of Foreign Corporation Renewal Rights-Executor's Right to 66-137 (1964) Renew Where Author has Assigned Federal Courts-Venue-Residence of Renewal Rights 63-173 (1961) Defendant in Federal Reservation Grounded on State Laws Concern- CORPORATIONS ing Admission of Foreign Corpora- See also Bankruptcy; Municipal Cor- tions 51-195 (1949) porations; Public Utilities; Stock- Foreign Corporations-Service of holders; Stocks; Taxation Process on Auditor After With- Acquisition by a West Virginia Cor- drawl in Tort Case-Cause of poration of its Own Stock Action Arose After Withdrawl 42-146 (1936) 59-199 (1956) *Amendment of Corporate Charters **Four Proposed Amendments to the 44-125 (1938) West Virginia Constitution Constitutional Law-Due Process- 60-303 (1958) What Constitutes "Doing Business" **Is a Corporation a "Person?" 62-181 (1960) 44-247 (1938) *Contracts Between a Director and His *Income Tax Aspects of Real Estate Corporation 59-348 (1957) Developments by Multiple Corpora- *Corporate Benefits for Attorneys: tions, The 63-252 (1961) Restrictions and Possibilities Income Tax-Corporate Reorganiza- 64-310 (1962) tions-Spin-Offs 68-339 (1966) Courts-Construction of Local Statute **Income Tax-Corporations-Some by Foreign Court-Survival of Cri- Practical Comments on the Tax minal Action After Corporate Dis- Practice 50-35 (1946) solution 58-187 (1956) Income Tax-Deductions-Loans by Cumulative Voting and Classified Employee to Corporation Deduc- Directorates 64-325 (1962) tible as Business Bad Debts Damages-Corporations - Corporate 64-94 (1961) Liability for Exemplary Damages Income Taxation-Conversion of 63-183 (1961) Capital Gains Into Ordinary Income Defacto Corporations-Right to Sue in in Collapsible Corporations Own Name after Dissolution 65-168 (1963) 48-284 (1942) Income Tax-Corporate Reorganiza- Doctrine of Ultra Vires in the United tions-Spin-Offs 68-339 (1966) States Supreme Court, The **"Known Generally as Corporate Se- 42-179, 198 (1936) curities" 50-17 (1946) *Disregard of the Corporate Entity Liability of Purchasing Corporation 43-141 (1937) as to the Obligations of the Dis- *Dividends From Wasting Assets Cor- solved Corporation-Piercing the porations 43-53 (1936) Corporate Veil 48-168 (1942) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 19 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

74 SUBJECT INDEX

Liability in Tort of Stockholders Con- **Monongalia County Court Records ducting Business After Forfeiture of 41-174 (1935) Charter 41-81 (1934) Quasi-Contracts-Right of Contractor Liability Under Promoter's Contracts to Recover Rent from County for 57-81 (1955) Use of Property Obtained Under a Motor Vehicles-Constructive Service Contract Void Because Not in Com- of Process on Non-Resident-Em- pliance with Constitutional Require- ployers of Resident Vehicle Owner ments 44-160 (1938) as Agent 48-183 (1942) Private Corporations-Banks and *Scope of Authority of the County Banking-Pledge of Bank Assets Court and the Commissioner of Ac- Held Ultra Vires 42-347 (1936) counts in the Probate of Estates, Private Corporations-Foreclosure of The 60-264 (1958) Corporate Trust Indenture Power States---Constitutional Limitations- of Equity Court to Disregard Con- Loan of Credit 49-99 (1943) tract Rights of Majority Bondhold- ers 42-250 (1936) COURTS Restraint on Stock Transfers See also Judges; Judicial Review; 66-67 (1963) Jurisdiction; Justice of the Peace *Separate Recovery in Stockholder's *Broadcasting in the Courtroom Derivative Suit 49-176 (1943) 60-312 (1958) State's Right to Amend or Repeal Cor- Constitutional Admentment of Article porate Charters-Limitations VIII of West Virginia Constitution 44-224 (1938) 45-220 (1939) *Status of Nonvoting Stock in West Contempt-Attorney Not an "Officer" Virginia, The 59-374 (1957) of the Court Within the Meaning of Stock Granting Only Limited Power the Federal Contempt Statute to Vote For Directors 58-299 (1956) 64-224 (1962) *Contempt by Publication in West Vir- Stock Transfer by Trustee in ginia 49-84 (1943) of Cestui-Corporate Liability Un- Challenge for Unremitting Activity der Uniform Fiduciaries Act for Reform of Lower Courts, A 51-191 (1949) 50-105 (1947) Taxation-Deferred Compensation Construction of LQcal Statute by Plan for Controlling Stockholders Foreign Court Survival of Criminal 60-200 (1958) Action After Corporate Dissolution Taxation-Gross Income-Cancella- 58-187 (1956) tion of Indebtedness as Constituting Criminal Contempt-Attorney who Taxable Income 51-279 (1949) Mailed Questionnaires to Grand Trusts-Corporation as Beneficiary Jury Convicted Under Federal Con- Under Constructive Trust of Out- tempt Statute 58-88 (1955) standing Corporate Bonds **Decade of Pleading, Practice and 42-168 (1936) Procedure, A 53-1 (1950) Ultra Vires as an Affirmative Plea *Doctrinal Development of the Tenth 58-297 (1956) Amendment, The 51-227 (1949) CORPUS DELICITI *"Exclusive" Jurisdiction of the Ju- Criminal Law-Keeping Place of Prosti- venile Courts 59-362 (1957) tution-Circumstantial Evidence of **Expanding Horizons of Legal Services, Corpus Delicti 51-58 (1948) The 67-179, 267 (1965) *Proof of the Corpus Delicti by Cir- Federal Appellate Procedure-Cer- cumstantial Evidence Where the tiorari-Consideration of Constitu- Body is Never Found 63-156 (1961) tional Objections not Preserved on the Record 52-65 (1949) CO-TENANCY Federal Removal Statute-"Separate See Joint Tenancy and Independent Claim or Cause of Action" Test 59-212 (1957) COUNTIES Federal Courts-Jurisdiction of Tres- Constitutional Law-Power to Ap- pass and point Prosecuting Attorney 58-101 (1955) 42-239 (1936) **General, But Incomplete Resume of *An Example of Inductive Reasoning Appellate Procedure in West Vir- 61-35 (1958 ginia, A 55-28 (1952-53) **Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 20 et al.: Subject Index

SUBJECT INDEX 75

John Marshall-His Influence on the Injunctions--Covenants in Employ- Constitution and the Courts ment Contracts-Extent of Restric- 42-14 (1935) tion 51-131 (1948). Jurisdiction to Annul Local Marriage Insurance-Formation of the Contract of Non-resident 41-82 (1934) -Subrogation 51-134 (1948). **:Modus Operandi of the Supreme Court Mines and Minerals-Breach of Cov- of Appeals, The 49-103 (1943) enant-Measure of Damages Place for Holding Session, A 65-320 (1963). 54-165 (1952) Mines and Minerals-Leases-Coven- '*Power of Federal Courts to Declare ant to Pay Minimum Annual Royal- Acts of Congress Unconstitutional ty for Term 50-183 (1947). The 42-96 (1936) Right to Compensation in Eminent Prospective Overruling 66-32 (1963) Domain Proceeding 59-391 (1957). *Scope of Authority of the County Court and the Commissioner of Ac- CREDIT counts in the Probate of Estates, Bankruptcy-"Strong Arm Clause" The 60-264 (1958) Weakened 65-48 (1962). **Splitting the Cause of Action Before Constitutional Law-Extention of a Justice-The Strange Case of State Credit-Industrial Develop- Bane v. Wilson 42-218 (1936) ment Bond Act 67-228 (1965). **State Court of Claims 49-45 (1943) **Debt Collection Torts 67-201 (1965). **Substance and Procedure in Rule Marshaling Claims-The Effect of Making 51-34 (1948) State Exemption Laws on Collec- Supervisory Powers-Enjoinment of tion of Government Liens Federal Narcotics Agent From 66-249 (1964). Testifying in State Court Security Transactions-Uniform Trust 58-412 (1956) Receipts Act 66-345 (1964). *Syllabus in West Virginia-Law or States--Constitutional Limitations- Official Headnote, The Loan of Credit 49-99 (1943). 58-274 (1956) *Usury Laws as Applied to Credit **Thrust of Tort Law, The Sales-The Need for Revision 64-1, 115, 241 (1961-62) 63-42 (1960). COURT-MARTIAL CREDIT CARDS Constitutional Law--Court-Martial- Contracts-Holder's Liability for Un- Jurisdiction Over Civilian Depend- authorized Purchases on Credit Card ents and Employees 62-380 (1960). 67-145 (1965). Criminal Law-Common Law For- Constitutional Law-Courts Martial- gery-Oral vs. Written Representa- Jurisdiction Over Ex-Servicemen 65-301 (1963). 58-293 (1956). tion of Authority Constitutional Law-Military Courts CRIMINAL LAW Martial-Trial of Civilians See also Name of Crime; Punishment 60-86 (1957). Administrative Law and the Right to Military Law-Jurisdiction of Military Trial by Jury 68-73 (1965). Tribunal-Construction of Term Admissibility of Criminal Courts of "In Time of Peace" 61-342 (1959). Evidence Derived from Inadmissible Juvenile Confessions 67-69 (1964). COVENANT **Aggravated Assaults in West Virginia See also Contracts; Real Property 62-319 (1960). **Covenants in Leases in West Virginia *Alleging the Date of the Offense in 57-152 (1955). the Indictment 57-193 (1955). Arrest-Mistaken Identity-Liability *Comparison of the Tax Consequences of Officer Without a Warrant At- of a Sale of Good Will with a tempting to Apprehend Known Fel- Covenant not to Compete, A on 45-173 (1939). 67-212 (1965). **Arrest Without a Warrant in West **Covenants in Leases in West Virginia Virginia 48-207 (1942). 57-1, 152 (1955). Attempt to Receive Stolen Property- Eminent Domain-Right to Compen- Fact that Property was no Longer sation for Covenants on Condemn- Stolen Held Immaterial ed Land 66-330 (1964). 62-388 (1960). **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 21 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

**Capital Punishment: The Moral Issue Doctrine of Ultra Vires in United 63-99 (1961). States Supreme Court Decisions, Character Evidence-Doubt as to The 42-179, 189 (1936). Guilt 62-106 (1959). Double Jeopardy-Multiple Transgres- Comment on Defendant's Failue to sions from a Single Act Testify 68-319 (1966). 65-54 (1962). Compulsory Attendance of Non-resi- Double Jeopardy-New Trial After dent Witness 61-292 (1959). Reversal for Insufficient Evidence Confession Before Arraignment 62-109 (1959). 67-239 (1965). Double Jeopardy-Waiver Theory Dis- Confinement in the Penitentiary With- approved 60-281 (1958). out Indictment-Escape from Illegal Due Process-Coerced Confession in Custody 60-369 (1958). State Courts 61-62 (1958). "Consecutive and Concurrent Sentences Due Process and the Statute of Limi- -A Comment 63-138 (1961). tations 68-195 (1966). Conspiracy-Consistency Rule Effect of Judgment When One Count 65-151 (1963). is Improper 63-203 (1961). Conspiracy-Defendant Has Absolute Effect of Order Setting Aside Sen- Right to Separate Trial tence After Imprisonment Under 64-110 (1961). First Judgment Begun Constitutional Law-Criminal Law- 60-285 (1958). Evidence-Searches and Seizures- Effect of Pardon on Habitual Crim- Silver Platter Doctrine Abolished inal Statute 55-66 (1952-53). 63-56 (1960). Embezzlement-Prosecution of Retail- Constitutional Law-Double Jeopardy er for Failure to Turn Over Sales 68-185 (1966). Tax 43-162 (1937). Constitutional Law-Due Process- Entrapment-Narcotics Conviction Evidence Required to Sustain Crim- Voided 61-79 (1958). inal Conviction 62-384 (1960). Evidence-Criminal Law-When Constitutional Law-Due Process- Newly Discovered Evidence not Prosecutions Withholding Evidence Basis for New Trial 61-80 (1958). Favorable to Defendant Held Viola- Evidence-Witnesses-Impeachment of tive 60-189 (1958). Court Witness by Prior Statements Constitutional Law-Punishment for 65-164 (1963). Crime-Requirement that Penalty Extension of Statute of Limitations be Proportioned to Offense not an Ex Post Facto Law 48-63 (1941). 62-112 (1959). Constitutional Law--State's Right to Extradition-Fugitive from Justice- Criminal Appeal 44-403 (1938). Commission of Overt Act in De- Constitutional Law-Voluntary Con- manding State as Rendering One a fessions 68-190 (1966). Fugitive Subject to Extradition Court-Martial Conviction-Second Of- 43-75 (1936). fender Statute 48-70 (1941). Federal Courts-Prosecution of Offi- *Criminal Responsibility to Determine cers Under the Civil Rights Acts Insanity-The Model Penal Code 68-335 (1966). Test Emerges from the Currently Felony-Murder Statutory Interpreta- Existing Tests 64-64 (1961). tion 58-415 (1956). Deceptive Advertising-Printer's Ink Forgery-Use of Fictitious or As- Model Statute 61-60 (1958). sumed Name 62-393 (1960). Defenses-Insanity-"New Test" Former Jeopardy-Indictment for 57-99 (1955). Conspiracy to Murder Defense of Others 64-342 (1962). 64-345 (1962). *Degree of Murder and Manslaughter Gaming-Slot Machines as Gaming De- 44-194 (1938). vices Under West Virginia Statute Delay in Arraignment-Admissibility 58-102 (1955). of Confessions 60-195 (1958). Habeas Corpus-Lack of Jurisdiction Description of Money in a Robbery Resulting from Failure to Comply Indictment 41-83 (1934). with Habitual Criminal Statute "Discovery and Inspection in Federal 60-94 (1957). Criminal Procedure Incest-No Intent Requirement 59-221, 312 (1957). 60-115 (1957). **Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 22 et al.: Subject Index

SUBJECT INDEX 77

Immunity from Prosecution **Prosecution Appeals in West Virginia 57-212 (1955). 41-50 (1934). Indictment-Allegation of Knowledge **Psychology, Mental Illness, and the 46-175 (1940). Law 60-55, 133 (1957). Indictment as Accessory Before the Reasonable Mistake of Age as De- Fact Held Sufficient to Sustain Con- fense in Statutory Rape viction as Principal 42-67 (1935). 67-149 (1965). Indictment-Indorsements on Reverse Receiving Stolen Goods-Knowledge Side 58-90 (1955). Element-Variance Between Indict- Insane Persons-Competency to Stand ment and Instruction 43-232. Trial 58-94 (1955). Right to a Public Trial-Courtroom Instruction Incomplete as to Fact Barred to Public 60-372 (1958). 55-67 (1952-53). Right to Resist Illegal Arrest Integration of Finding of Guilt and 68-353 (1966). Recommendation of Clemency Scaring to Death is Felony Murder 51-193 (1949). 68-355 (1966). *Joinder of Crimes in the Same In- Search, Seizure, and Arrest without dictment 57-196 (1955). Warrant-Probable Cause Neces- Judicial Acts on Sunday sary to Justify 62-186 (1960). 67-334 (1965). Shoplifting-Lack of Requirement of Keeping Place of Prostitution-Cir- Intent Does not Invalidate Statute cumstantial Evidence of Corpus De- 64-430 (1962). licti 51-58 (1948). Statutes-Interpretation-Term Kidnapping 68-76 (1965). "Stolen" as Used in the National Knowledge of Consequences to Plea Motor Vehicle Theft Act of Guilty 67-141 (1965). 59-394 (1957). *Larceny in West Virginia Statute Providing for Transcripts With- 46-246 (1940). out Charge to Indigent Persons Lotteries-Consideration Necessary to Convicted of Crimes-Right to Constitute-Bank Night and Simi- Cross-Examination 61-164 (1959). lar Theatre Give-away Programs *Statutory Larceny in West Virginia 52-131 (1950). 46-326 (1940). **Mens Rea and the Law Without it *Statutory Rape-Previous Chaste 58-34 (1955). Character 57-199 (1955). Nondisclosure of Informant Sufficiency of Felony Indictment 68-218 (1966). Where Word "Feloniously" is Omit- **Ophelia's Crime of Felo De Se ted 63-66 (1960). 42-228 (1936). **Suggestions for Simplification of *Parental Liability Statute Criminal Procedure 60-123 (1958). 60-182 (1958). Summary of Criminal Appellate Re- Plea of Guilty--"Jurisdictional Facts" form, A 42-277 (1936). 62-268 (1960). Trials-Presence of the Accused Dur- Plea of Nolo Contendere in Felony ing Trial 45-82 (1938). Cases 62-422 (1960). Trial Procedure-Improper Remarks Plea of Not Guilty-Coercion by of Prosecutor as Grounds for Re- Judge 60-287 (1958). versal 60-375 (1958). Premeditated Murder-Defense of Time Limitations in Initiating Habit- ual Criminal Proceedings Mental Incapacity 60-116 (1957). 67-316 (1965). Presence of Accused at Trial Use of Injuctive Proceedings to Sup- 65-50 (1962). press Evidence 68-323 (1966). Principal in Second Degree Conviction Use of Presumptions to Shift Burden of Attempt 56-123 (1954). of Proof 67-153 (1965). **Probation 44-33 (1937). West Virginia Cumulative Sentence **Probation and Parole 44-105 (1938). Statute 63-204 (1961). Procedure-Trial Without a Warrant **West Virginia Habitual Criminal Law Before a Justice of the Peace Held 59-30 (1956). Void 60-97 (1957). **West Virginia Indeterminate Sentence Production of Government Records-- and Parole Laws 59-143 (1957). Confidential Character West Virginia Kidnapping Statute 60-99 (1957). Single Offense 67-156 (1965). **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 23 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

78 SUBJECT INDEX

CRIMINAL PROCEDURE Evidence-Criminal Law-When New- See also Actions & Defenses; Appel- ly Discovered Evidence Not Basis late Procedure; Federal Rules of For New Trial 61-80 (1958). Criminal Procedure; Indictment & Evidence-Prohibition of Spousal Information, Jurisdiction Testimony in Criminal Trials- *Alleging the Date of the Offense in Common Law Rule Upheld the Indictment 57-193 (1955). 61-323 (1959). Attorney and Client-Effective Repre- Criminal Law-Knowledge of Conse- sentation-Federal Procedure quences to Plea of Guilty 58-291 (1956). 67-141 (1965). Constitutional Law-Due Process in Criminal Law-Habeas Corpus-Lack Determination of Sanity of Con- of Jurisdiction Resulting from Fail- demned Prisoner-Remedial Pro- ure to Comply with Habitual Crim- cedures 61-141 (1959). inal Statute 60-94 (1957). Constitutional Law-Due Process- Criminal Law-Indictment--Statutory Right to Counsel in State Non- Short Form 47-336 (1941). Capital Cases 65-297 (1963). Constitutional Law-States Right to Imputability of Attorney's Negligence Criminal Appeal 44-403 (1938). to Client Under West Virginia Rules Constitutional Law-The Widening of Civil Proceduce 67-173 (1965). Scope of State Habeas Corpus Re- Indictment-Offense Laid on a Date lief 67-234 (1965). Subsequent to Indictment Criminal Law-Character Evidence- 51-129 (1948). Doubts as to Guilt 62-106 (1959). **Objections and Exceptions Criminal Law-Declaration of Mis- 52-12 (1949). trial Because of Absence of De- "*Pending Peril and the Right to Search fendant 66-328 (1964). Dwellings 58-219 (1956). Criminal Law-Double Jeopardy-New **Prosecution Appeals in West Virginia Trial After Reversal for Insufficient Evidence 62-109 (1959). 41-50 (1934). Criminal Law-Extension of Statute Right to Counsel Prior to Trial of Limitations Not an Ex Post 61-65 (1958). Facto Law 62-112 (1959). **Suggestions for Simplification of Criminal Law-Knowledge of Conse- Criminal Procedure 60-123 (1958). quences to Plea of Guilty **Summary of Criminal Appellate Re- 67-141 (1965). form, A 42-277 (1936). Criminal Law-Plea of Guilty-"Jur- isdictional Facts" 62-268 (1960). CROSS-EXAMINATION Criminal Law-Plea of Nolo Conten- See also Evidence; Witnesses der in Felony Cases 62-422 (1960). *Scope of Permissible Cross-Examina- Criminal Law-Procedure-Trial With- out a Warrant Before a Justice of tion of a Party Litigant or Defend- the Peace Held Void 60-97 (1957). ant in a Jury Trial in West Virginia, Criminal Law-Sufficiency of Felony The 66-317 (1964). Indictment Where Word "Felon- Witnesses-Cross-Examination- (1960). Waiver of Self-Incrimination Priv- iously" is Omitted 63-66 Testifies in Criminal Law-Trial Procedure- ilege by Defendant who Improper Remarks of Prosecutor as His Own Behalf 61-79 (1958). Grounds for Reversal 60-375 (1958). CUSTODY Criminal Law-West Virginia Kidnap- Declaratory Judgment-Adjudication ping Statute Single Offense of Custody 57-214 (1955). 67-156 (1965). Domestic Relations-Custody of Min- or Children 67-74 (1964). Criminal Law-Delay in Arraign- Infants-Proceedings as to Custody- ment-Admissibility of Confessions Repudiation of Relinquishment to 60-195 (1958). Private Child Agencies **Discovery and Inspection in Federal 59-98 (1956). Criminal Procedure 59-221 (1957). Marriage and Divorce-Wife's Right *Disjunctive Allegations in Indictments to Suit Money in Action to Modify and Variance Between Allegation Original Decree as to Custody of and Proof 44-134 (1938). Children 44-157 (1938). *Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 24 et al.: Subject Index

SUBJECT INDEX 79

CY PRES Pleading-Wrongful Death Action- See also Trust Improper to Include Claim for *Cy Pres Doctrine in West Virginia, Property Damages 57-113 (1955). The 58-169 (1956). **Recovery of Damages for Injuries Dedication-Right of Municipality to Sustained by Children en Ventre sa Deviate From Intended Use Mere 65-197 (1963). 54-167 (1952). *Right to Set-Off Benefits Against Damages to Property in Eminent DAMAGES Domain Proceedings 46-320 (1940). See also Injuries Trial-Argument of Counsel-Use of Attorney and Client-Contract of Formula Not Based on Evidence Employment-Damages for Inter- 64-237 (1962). meddling 65-295 (1963). Trial-Argument of Counsel-use of Collateral Source Rule 63-177 (1961). a Formula Not Based on Evidence Conflict of Laws-Wrongful Death 64-454 (1962). Measure of Damages-Substantive *Theory of a Medical Malpractice Ac- or Procedural? 65-146 (1963). tion-Time Limitations and Dam- Corporations-Corporate Liability for ages 64-412 (1962). Exemplary Damages 63-183 (1961). Torts-Punitive Damages Denied *Damage Awards Instructions and the Against Joint Tort-Feasors Jury's Common Knowledge 63-360 (1961). 59-355 (1957). **Valuation of Leasehold Estates in Detinue-Liability Under Redelivery Eminent Domain 67-101 (1965). Bond for Depreciation of Chattel Wrongful Death-Nature of the 65-306 (1963). Award-Whether it is a Part of the Duty to Mitigate 45-378 (1939). Estate of the Deceased Duty to Pay Interest on Funds With- 45-380 (1939). held Under an Unconstitutional Statute 54-317 (1952). DEAD MAN'S STATUS Exemplary Damages-Requirements See also Admissibility of Evidence for Exemplary Damages **West Virginia Dead Man's Stature, 65-155 (1963). The 60-239 (1958). Husband and Wife-Right of Wife to Witnesses-Personal Transactions With Recover for Loss of Consortium to Persons Deceased at Time of Trial Injury Caused by Negligence 57-135 (1955). 53-191 (1951). *Inadequate Award in West Virginia, DEBTOR-CREDITOR The 60-339 (1958). See also Attachment & Garnishment Liability Insurance and Punitive Dam- Attaching Creditor as Garnishee ages 65-158 (1963). 49-169 (1943). Loss of Consortium-Recovery by Bankruptcy-Good Faith not Lacking Either Spouse 63-186 (1961). Where Creditor Receives Security Loss of Earnings-Federal Income in Satisfaction of Actecedent Debt Tax 60-378 (1958). 67-332 (1965). Mines and Minerals-Breach of Cov- **Bankruptcy-Rights and Powers in enant-Measure of Damages Chapter XIII 68-375 (1966). 65-320 (1963). Bankruptcy-Rights of Secured Cred- Navigable Waters-Navigability-Re- itor Under Wage Earner's Plan parian Owner's Right of Access 65-95 (1962). 41-426 (1935). Bankruptcy-State Limitation on the New Hope for the Defense-the Rule Trustee's Status as Hypothetical of Botta v. Brunner 61-302 (1959). Creditor 62-379 (1960). Oil and Gas-Damages for Wrongful *"Conditional Sellers, Hostile Claimants, Geophysical Exploration and the Filing Period 47-73 (1941). 41-89 (1934). Creditors Rights-Gratuitous Services Pain and Suffering Considerations in by an Insolvent Debtor Blackboard Summation 62-300 (1960). 67-97 (1964). "Creditor's Right in Assets Pledged for Per Diem Method of Arguing Pain Surety's Protection 43-63 (1936). and Suffering, The 68-199 (1966). **Debt Collection Torts 67-201 (1965). *Permanent Injury; General or Special **Law of Garnishment in West Virginia, Damage 64-405 (1962). The 48-1 (1941). **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 25 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

80 SUBJECT INDEX

**Mortgage for Future Advances in Mines and Minerals-Ownership of West Virginia, The 56-107 (1954). Containing Space 55-72 (1952) **Some Problems of Preferential Trans- **Mortgage for Future Advances in fers in West Virginia West Virginia, The 56-107 (1954). 52-110 (1950). Oil and Gas-Mineral Royalty Deed **Splitting the Cause of Action Before -Implied Condition that Tempor- a Justice-The Strange Case of ary Cessation of Production After Bane v. Wilson 42-218 (1936). Fixed Term Does not Terminate **Suretyship Law in West Virginia Right to Royalties 62-289 (1960). 68-3 (1965). Property-Material Change in Deed Taxation-Gross Income-Cancella- by Parties After Delivery tion of Indebtedness as Constitut- 67-87 (1964). ing Taxable Income 51-279 (1949). Recital Of Consideration-Applicable Tort Liability for Fraudulent Convey- Statute 54-80 (1951). ance 68-416 (1966). Rule of Construction-Intent of Grantor 47-228 (1941). DECLARATORY JUDGMENT **Some Observations on Bailey v. Baker Adjudication of Custody 55-45 (1952). 57-214 (1955). Taxation-Receipt of Income-Satis- Federal Courts-Limitations on the faction of Judgment After Assign- Use of the Federal Declaratory ment as Income to Assignor Judgment Act in Determining the 50-98 (1946). Validity of Fund Transfers Under *Transfer of Title to Timber in West the Labor Management Relations Virginia, The 52-228 (1950). Act 63-368 (1961). **Use of the Containing Space After **Note on Declaratory Judgment, A- the Removal of Subsurface Minerals Pleading and Practice 55-202 (1953). 48-130 (1942). Validity of a Deed not Signed by all **Proposal for Declaratory Judgment Parties Designated as Grantors Procedure, A 45-31 (1938). 58-190 (1956). **Some Modern Procedural Develop- Wills-Devise of Specific Portion of ments 46-134 (1940). Property Held in Contenancy **West Virginia Administrative Proced- 66-64 (1963). ure Act, The 66-159 (1964). DEEDS OF TRUST DEDICATION TO PUBLIC USE See also Mortgages Dedication-Right of Municipality to Judgment Lien-Doctrine of Relation Deviate From Inteded Use Back-Notice of Suit as Notice of 54-167 (1952). Lien 60-102 (1957). Streets-Dedication by Recorded Plot Mines and Minerals-Mining by Mort- -Conditions 41-293 (1935). gagor in Possession-Rents and Profits Under Mineral Lease DEEDS 43-341 (1937). See also Title To Land Obligation Due Prior to 1921-Sale Construction-Where not Effective not Barred by Statute of Limitations Until the Future 47-156 (1941). 58-417 (1956). Construction as to Grantees-Official or Representative Capacity See also Libel & Slander 48-72 (1941). **Debt Collection Torts 67-201 (1965). Estoppel-Confirmation of Married Woman's Conveyance 42-69 (1935). Jurisdiction of Equity to Enjoin 57-101 (1955). Estoppel by Deed-Conveyance of In- terest Subsequently Acquired as Libel and Slander-The Innocent Con- Heir-Warranty in Quitclaim Deed struction Rule 68-203 (1966). as Basis for Estoppel 44-69 (1937). DEFENSES Estoppel by Deed-Effect of Refer- See Actions & Defenses ence 57-217 (1955). **Limits of Title Search Under the DELEGATION OF POWERS West Virginia Recording Act See also Separation of Power; Con- 56-20 (1954). stitutional Law **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 26 et al.: Subject Index

SUBJECT INDEX 81

Constitutional Law-Delegation of Constitutional Law-State Action Un- Legislative Power to Administrative der Hill-Burton Act 66-325 (1964). Bodies or Officers 47-145 (1941). *Equal Protection and the Race Prob- Constitutional Law-Delegation of lem 62-171. Legislative Power-Time Fixing Statute 61-47 (1958). DISMISSAL & NONSUIT Constitutional Law-Delegation of See also Civil Procedure Power-School Board Tax on Re- *Judgment Non Obstante Veredicto cordation of Instruments 51-14 (1948). 61-78 (1958). Procedure-Involuntary Dismissal- *'Ohio Valley Panorama 54-186 (1952). An Interpretation of Rule 41(b) of the Federal Rules of Civil Pro- DESCENT & DISTRIBUTION cedure 65-187 (1963). See also Inheritance & Succession Constructive Trusts-Survivorship in DIVIDENDS Joint Tenancy-Right of Murderer See Corporations to Recover Entire Fund of Deceased 42-241 (1936). DIVORCE & SEPARATION **Critical Study of the Probate System See also Alimony & Maintenance; An- in West Virginia, A nulment 67-22, 116 (1965). Alimony Rights of Divorced Wife to Legitimatizing Statutes-Scope of Payments After Death of Divorced West Virginia Statute Husband 57-93 (1955). 45-370 (1939). Annulment-Residence Requirements Descent--Statute Amended-Advances -Applicability of Divorce Statutes Husband and Wife 60-206 (1958). 61-313 (1959). Wills-Void Residuary-Intestacy- Attachment and Garnishment-Di- Right of Nonrenouncing Spouse to vorce Action-Suit Money and Share 55-293 (1952-53). Temporary Alimony 43-333 (1937). DESERTION Collateral Attack by Subsequent See also Divorce; Husband & Wife Spouse-Estoppel 48-170 (1942). Desertion Period-Affect of Pending Condonation-Two Acts of Coition Divorce Suits 45-83 (1938). Plus Conciliatory Letter as Condo- nation for Cuelty 51-271 (1949). Domestic Relations-Desertion- Conflicts of Law-Collateral Attack Necessary Intent to Abandon of Foreign Divorce Decree 58-428 (1956). 68-103 (1965). *Revised Divorce Law of West Vir- Conflict of Laws-Divorce-Recogni- ginia, The 41-405 (1935). tion of Foreign Decree DISBARMENT OF ATTORNEYS 41-155 (1935). See Legal Ethics Conflict of Laws-Interstate Status of Divorce 62-263 (1960). DISCOVERY Cruel or Inhuman Treatment as See also Civil Procedure; Federal Ground For 55-69 (1952-53). Rules of Civil Procedure Privileged Decree a Vinculo Matrimonii for De- Communication sertion Subsequent to Decree a *Discovery of Liability Insurance Un- Menrsa et Thoro 59-288 (1957). der New Rules 64-419 (1962). Desertion-Pending Divorce Suits' Ef- **Pre-Trial in West Virginia fect on the Desertion Period 55-110 (1952-53). 45-83 (1938). **Discovery and Inspection in Federal Divisible Divorce Proceedings-Award Criminal Procedure of Alimony Without Personal Juris- 59-221, 312 (1957). diction 59-289 (1957). "Federal Taxation of Alimony Ar- DISCLAIMERS rangements 56-88 (1954). ** and Disclaimers in West Virginia 67-291 (1965). Future Installments of Alimony or Maintenance Automatic Lien DISCRIMINATION 57-221 (1955). See also Civil Rights; Segregation Evidence-Competency of Husband Constitutional Law-Discrimination in and Wife to Testify to Nonaccess Selection of Grand Jurors During Time of Conception 67-96 (1964). 66-38 (1963). **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 27 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

Income Tax-Alimony-Payments for Automobiles-Family Purpose Doc- Months Prior to Divorce Decree trine-Liability of Owner for Negli- not Deductible 63-76 (1960). gent Operation by Guest of Son Income Tax-Alimony Pursuant to an 47-334 (1941) Invalid Divorce 68-214 (1966). Conflict of Laws-Divorce-Recogni- Marriage and Divorce-Wife's Right tion of Foreign Decree to Suit Money in Action to Modify 41-155 (1935) Original Decree as to Custody of Conflict of Laws-Full Faith and Children 44-157 (1938). Credit Versus Res Judicata Merger of Separation Agreement into 65-220 (1963) Divorce Decree 67-243 (1965). Conflict of Laws-Full Faith and Domestic Relations-Divorce-Mis- Credit-Lack of Jurisdiction v. Mis- conduct by the Prevailing Party take of Law 65-89 (1962) Before the Entry of the Final De- Conflict of Laws-Interstate Status of cree 65-336 (1963). Divorce 62-263 (1960) Domestic Relations-Married Wom- Custody of Minor Children an's Domicile 68-79 (1965) 67-74 (1964) Pleading-Equity-Insufficiency of Desertion-Necessary Intent to Aban- Bill-A Jurisdictional Defect don 58-428 (1956) 55-158 (1952-53) Divorce-Condonation-Two Acts of Real Property-Contract to Purchase Coition Plus Conciliatory Letter as -Husband and Wife 57-227 (1955) Condonation for Cruelty Statutory Amendment-Grounds for 51-271 (1949) Divorce 60-208 (1958) Divorce Law-Cruel or Inhuman Taxation-Estate Tax-Alimony Treatment as Ground For Deduction 50-88 (1946) 55-69 (1952-53) **Twenty Years of West Virginia Mar- Divorce-Decree a Vinculo Matri- riage and Divorce Law 58-128 (1956) monii for Desertion Subsequent to **West Virginia Divorce Law Decree a Mensa et Thoro 43-120, 203, 298 (1957) 59-288 (1957) Wife's Right to Obtain Alimony After Divorce-Divisible Divorce Proceed- Valid Ex Parte Divorce ings-Award of Alimony Without 58-193 (1956) Personal Jurisdiction 59-289 (1957) Diovrce-Merger of Separation Agree- DOCTORS ment into Divorce Decree See Physicians & Surgeons 67-243 (1965) Divorce-Misconduct by the Prevail- DOCUMENTS & RECORDS ing Party Before the Entry of the Eminent Domain-Federal Condem- Final Decree 65-336 (1963) nation Judgments-Docketing and Effect of a Bigamous Marriage in a Indexing with State Records Workmen's Compensation Proceed- 58-98 (1955) ing, The 65-57 (1962) Evidence-Past Recollection Record- "Federal Taxation of Alimony Arrange- ed-Present Recollection Revived ments 56-88 (1954) 63-73 (1960) **Interpretation of Documents-The Husband and Wife-Action for Parol Evidence Rule and An Excep- Negligence Allowed Against Spouse tion for Erroneous Description 60-294 (1958) 47-319 (1941) *Law of the Domicil as Affecting the **Limit of Title Search Under the West Validity of Marriages in a Foreign Virginia Recording Act Jurisdiction, The 43-150 (1937) 56-20 (1954) Married Woman's Domicile 68-79 (1965) DOMESTIC RELATIONS **Martial Law and Habeas Corpus See also Husband & Wife; Infants 46-185 (1940) Agency-Family Purpose Doctrine- Liability of Wife for Husband's Parental Immunity not Extended to Negligent Operation of Automobile Stepfather 62-396 (1960) 42-66 (1935) Revised Divorce Law of West Vir- Annulment-Residence Requirements ginia, The 41-405 (1935) -Applicability of Divorce Statutes Statutory Amendments-Grounds for 61-313 (1959) Divorce 60-208 (1958) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 28 et al.: Subject Index

SUBJECT INDEX 83

Survivorship of a Child Support Property-Effect on Dower Interest Agreement After the Death of the of Notice of Contract to Convey Father 62-91 (1959) Real Estate Before Marriage Tort-Father's Action Against an 66-70 (1963) Unemancipated Son for Loss of Property Subject to Right-Contract Services of Another Unemancipated Before Marriage to Will to An- Son 62-206 other 51-60 (1948) '"West Virginia Marriage Law 43-33 (1936) DRUGS Wife's Action for Loss of Consortium **Administering That Ounce of Preven- 65-335 (1963) tion: New Drugs and Nuclear Re- DOMICIL actors 68-109, 233 (1966) **Canadian and British Death Tax Con- DUE PROCESS OF LAW ventions, The 50-55 (1946) See also Constitutional Law Conflict of Laws-Interstate Statuts *Admissibility of Results of Compul- of Divorce 62-263 (1960) Domestic Relations-Married Wom- sory Blood Tests to Determine In- an's Domicile 68-79 (1965) toxication 60-72 (1957) Federal Courts-Venue--"Residence" Admission to the Bar-Denial of Ad- of Defendant in Federal Reservation mission to Admitted and Suspected Grounded on State Laws Concerning Subversives 60-81 (1957) Admission of Foreign Corporations Alien-Suspension of Deportation- 51-195 (1949) Use of Confidential Information *Law of Domicil as Affecting the 59-199 (1957) Validity of Marriages in a Foreign Attorney and Client-Disbarment for Jurisdiction, The 43-150 (1937) Invoking Fifth Amendment-Denial DOUBLE JEOPARDY of Due Process 58-407 (1956) Constitutional Law 60-211 (1958) See also Constitutional Law Constitutional Law-Double Jeopardy Constitutional Law-Bankruptcy- 68-185 (1966) Constitutionality of the Amended Constitutional Law-State's Right to Frazier-Lemke Act 43-335 (1937) Criminal Appeal 44-403 (1938) Constitutional Law-Double Jeo- Criminal Law-Declaration of Mis- pardy 68-185 (1966) trial Because of Absence of De- Constitution Law-Due Process-Evi- fendant 66-328 (1964) dence of Prior Conviction Criminal Law-Double Jeopardy- 61-217 (1959) Multiple Transgressions from a Constitutional Law-Due Process- Single Act 65-54 (1962) Evidence Required to Sustain Cri- Criminal Law-Double Jeopardy- minal Conviction 62-384 (1960) New Trial After Reversal for In- sufficient Evidence 62-109 (1959) Constitutional Law-Due Process-- Criminal Law-Double Jeopardy- Liability Without Fault Waiver Theory Disapproved 47-149 (1941) 60-281 (1958) Constitutional Law-Due Process- Criminal Law-Former Jeopardy- Pre-Need Burial Contract Statute Indictment for Conspiracy to Mur- Held Unconstitutional 61-49 (1958) der 64-345 (1962) Constitutional Law-Due Process- *Federal and State Prosecutions for Prosecutions Withholding Evidence Same Offense 62-164 Favorable to Defendant Held Viola- tive 60-189 (1958) Improper Discharge of Jury Before Constitutional Law-Due Process- Verdict as Double Jeopardy Right to Counsel in State Non-Capi- 45-70 (1938) tal Cases 65-297 (1963) **Prosecution Appeal in West Virginia Constitutional Law-Due Process- 41-50 (1934) What Constitutes "Doing Business" 62-181 (1960) DOWER Constitutional Law-Due Process- Estate Taxation-Qualification of Waiver of Right to Object to Com- Dower Interest Commuted to Cash position of Grand Jury for Marital Deduction 66-68 (1963) 58-410 (1956) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 29 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

Constitutional Law-Equal Protection *Sunday Observance Laws -Appellate Review in Criminal 62-373 (1960) Case Based on Ability to Pay 59-79 (1956) EASEMENTS Constitutional Law-Financial Res- See also Right of Way ponsibility Statute-Right of State **Coal Mining Rights and Privileges in to Revoke Automobile Operators West Virginia 52-32 (1949) License for Non-Payment of Judg- Eminent Domain-Constitutional Tak- ment Rendered in Another State ing-Recovery Against Municipal 44-401 (1938) Airport by Adjacent Property Own- Constitutional Law-Procedural Due ers 62-398 (1960) Process-Exclusion from Public Eminent Domain-Particularity of Employment for Invoking the Fifth Description of an Easement Amendment 59-81 (1956) 55-151 (1953) Constitutional Law-Procedural Due Easement-Location When not De- Process-Irregularity in Prepara- finitely Described 47-61 (1940) tion of Trial Transcript Easements-Prescriptive Right 60-116 (1957) 60-211 (1958) Constitutional Law-Right to Coun- Streets-Dedication by Recorded Plat sel-Conflicting Interests of Coun- -Conditions 41-293 (1935) sel as Ground for Reversal *Unity Plan in Dedication of Ways 60-366 (1958) 49-88 (1943) Constitutional Law-Substantive Due Way of Necessity Where Other Mode Process and Equal Protection- of Access-Creation of Easement by Naturopaths Required to be Medi- Implied Grant 42-244 (1936) cal Doctors 59-201 (1957) Constitutional Law-The ELECTIONS Widening See also Voting Scope of State Habeas Corpus Re- **Judicial Review of Administrative Ac- lief 67-234 (1965) Criminal Law-Due Process-Coer- tion in West Virginia-A Study in ced Confession in State Courts Separation of Powers 44-270 (1938) 61-62 (1958) United States-Federal Enclaves-Re- Criminal Law-Due Process and the sidents as State Citizens Statute of Limitations 68-195 (1966) 57-234 (1955) Criminal Law-Knowledge of Conse- EMBEZZLEMENT quences to Plea of Guilty Criminal Law-Embezzlement-Pro- 67-141 (1965) secution of Retailer for Failure to Criminal Law-Plea of Not Guilty- Turn Over Sales Tax 43-162 (1937) Coercion by Judge 60-287 (1958) Income Tax-Embezzled Funds Re- *Due Process and the Wartime Draft present Taxable Income of Manpower 49-79 64-97 (1961) Eminent Domain-Constitutional *Statutory Larceny in West Virginia Taking-Recovery Against Munici- 46-326 (1940) pal Airport by Adjacent Property Owners 62-398 (1960) EMIGRATION Federal Courts-Diversity Jurisdiction See Immigration of Foreign Corporation EMINENT DOMAIN 66-137 (1964) Constitutional Taking - Recovery **Judge's Responsibility on a Plea of Against Municipal Airport by Ad- Guilty, The 62-213 (1960) jacent Property Owners Jurisdiction-Corporate Amenability 62-398 (1960) to Substituted Service of Process Dedication-Right of Municipality to 65-63 (1962) Deviate from Intended Use Jurisdiction-Minimum Contacts not 54-167 (1952) Satisfied 65-249 (1963) Evidence-View by Jury in Eminent *Justice and His fees, The Domain Proceedings 64-111 (1961) 41-268 (1935) Federal Condemnation Judgments- Requirement That a Prisoner be Docketing and Indexing with State Cautioned" 65-60 (1962) Records 58-98 (1955) "Duly Landlord and Tenant-Condemnation Service of Process on Foreign Cor- -Termination of Lease porations 66-153 (1964) 60-384 (1958) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 30 et al.: Subject Index

SUBJECT INDEX

Mines and Minerals-Ownership of Workmen's Compensation-Injury by Containing Space 55-72 (1952) Co-Employee-Immunity of Em- Navigable Waters-Navigability-Ri- ployer Extended to Third Party parian Owner's Right of Access 59-101 (1956) 41-426 (1935) Workmen's Compensation-Injury in Obsolete Buildings-Proof of Value Course of Employment-Transpor- 51-63 (1948) tation to Work in Employer's Con- Particularity of Description of an veyance 42-77 (1935) Easement 55-151 (1953) **Reservation of Highway and Street Workmen's Compensation-Third Rights of Way by Official Maps Party Tortfeasor-Compensation 66-73 (1964) Payment as Bar to Action Restrictive Covenants-Right to Com- 52-133 (1950) pensation in Eminent Domain Pro- *Workmen's Compensation Where In- ceeding 59-391 (1957) jury Results from Exposure to the *Right to Bill of Particulars in Eminent Natural Elements 51-118 (1948) Domain Proceedings 57-88 (1955) EMPLOYER'S LIABILITY Right to Compensation for Covenants on Condemned Land 66-330 (1964) See Employer-Employee: Workman's 'Right to Set-Off Benefits Against Compensation Damages to Property in Eminent Domain Proceedings 46-320 (1940) ENTRAPMENT *'Underground Storage of Natural Gas Criminal Law-Entrapment in the Appalachian Area 65-223 (1963). 68-136 (1966) Criminal Law-Due Process and the **Valuation of Leasehold Estates in Statute of Limitations Eminent Domain 67-101 (1965) 68-195 (1966). Criminal Law-Entrapment-Narcot- EMPLOYER & EMPLOYEE ics Conviction Voided 61-79 (1958). See also Master Servant Agency-Liability of Employer for EQUAL PROTECTION Acts of Independent Contractor See also Constitutional Law 56-54 (1954) **Brief Survey of the West Virginia Law Constitutional Law 60-211 (1958). of Compensability, A 62-303 (1960) Constitutional Law-Apportionment *Construction Workers in Interstate of Constitutional Conventions Transportation 51-264 (1949) 68-314 (1966). Contracts-Agent's Right to Commis- Constitutional Law-Equal Protection sion on Reorders After Termination Appellate Review in Criminal Case of His Employment 67-225 (1965) Based on Ability to Pay Labor Law-Ambulatory Employer- 59-79 (1956). Picketing 56-64 (1954) Constitutional Law-Equal Protection Labor Law-Employee Rights Under -Graduated Gross Sales Tax Collective Bargaining Agreement 41-422 (1935). 65-236 (1963) Constitutional Law-Equal Protection of the Laws-State Regulation of Labor Law-Interrogation of Em- Money Order Agencies ployee by Employer as an Unfair 60-191 (1958). Labor Practice 65-181 (1963) Constitutional Law-Gift of Land "for Master and Servant-Recovery for Use by White Race Only" Creates Silicosis Under Boiler Inspection Possibility of Reverter for Viola- Act and Federal Employer's Lia- tion 58-185 (1956). bility Act 52-67 (1949) Constitutional Law-Procedural Due Social Security-Determination of Process-Irregularity in Preparation Employee Relationship by Common of Trial Transcript 60-116 (1957). Law Test 67-98 (1964) Constitutional Law-State Action Un- '*Trends in the Administration of the der Hill-Burton Act 66-325 (1964). Taft-Hartley Act 51-152 (1949) Constitutional Law-Substantive Due Process and Equal Protection-Na- Unemployment Compensation-Leav- turopaths Required to be Medical ing Employment Voluntarily With- Doctors 59-201 (1957). out Cause---"Involving Fault on the *Equal Protection and the Race Prob- Part of the Employer" 52-75 (1949) lem 62-171 (1960). **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 31 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

86 SUBJECT INDEX

EQUITABLE CONVERSION Pleading-Equity-Insufficiency of Equitable Conversion by Will-Right Bill-A Jurisdictional Defect of Residuary Devisee to Rents 55-158 (1953). 44-66 (1937). Pleading Premature Institution of Wills-Equitable Conversion Equity Suit 42-349 (1936). 67-326 (1965). *Prior West Virginia Equity Practice Regarding Necessary Joinder of Par- EQUITY ties as Precedent Under Rule 19 See also Injunctions; Specific Perform- 68-53 (1965). ance Removal of Cloud on Title-Right to Balancing the Equities in West Vir- Bring Suit When Defendant Has ginia 45-155 (1939). Possession 50-180 (1947). Clean Hands 66-333 (1964). *Replication and the Special Reply in Clean Hands-Iniquity of One Plain- Writing in Equity, The tiff Bars All 48-172 (1942). 54-312 (1952). Contempt-Power of Chancery to Retention of Jurisdiction to Award Punish 47-152 (1941). Damages 53-328 (1951). **Common Law Pleading Modified Ver- Sequestration of Personal Property sus the Federal Rules Pending Final Litigation to Deter- 53-27, 142, 195 (1950-51). mine Ownership 44-226 (1938). Contracts-Third Party Creditor- Unfair Competition-Injunction Grant- Beneficiary Contracts Enforced at ed Against Community Antenna Law 42-242 (1936). 65-69 (1962). **Decade of Pleading, Practice and Unfair Competition-News-Literary Proceduce, A 53-1 (1950). Property 56-74 (1954). Defense of Laches and a Correlative, The 59-266 (1957). ESCHEAT *Doctrine of Secondary Meaning, The Constitutional Law-Treaties-The 62-254 (1960). United Nations Charter as the Su- Defamation-Jurisdiction of Equity to preme Law of the Land Enjoin 57-101 (1955). 53-79 (1950). *Equitable Apportionment of Oil and Some Observations on Bailey v. Baker Gas Royalties 46-66 (1939). 55-45 (1952). Equitable Defenses-Sealed Release, Taxation-Transfer for Public, Relig- Replication-Fraudulent Induce- ious, and Charitable Uses ment 41-86 (1934). 66-145 (1964). *Factor of Time in Specific Perform- West Virginia Law of Forfeited and ance, The 41-147 (1935). Delinquent Lands, The *Hardship as a Defense to Specific 50-158 (1947). Performance in West Virginia ESTATE 44-387 (1938). BY ENTIRETY *Injunctions Against Trespass Where *Bankruptcy-Right of Creditors to Title Reach Property Held as Tenants by is in Dispute the Entirety 64-338 (1962). 55-260 (1953). **Joint Estates in Real Property in West Injunctions-Covenant of Employee Virginia 61-101 (1959). not to Compete-Validity of Exten- Property-Tenancy by Entireties Crea- sive Territorial Restriction-Divis- tion Through Simultaneous Convey- ability 41-285 (1935). ances Involving Tenants in Common Injunctions-Covenants in Employ- 62-196 (1960). ment Contracts-Extent of Restric- ESTATE TAX tion 51-131 (1948). *Insolvency as a Ground of Equity Alimony 50-88 (1946). Jurisdiction in West Virginia *Applicability of State Inheritance Tax 41-66 (1934). Statutes to United States Savings Bonds, The 59-342 (1957). -Aesthetic Grounds Held **Canadian Valid for Injuctive Relief Against and British Death Tax Con- Lawful Business ventions, The 50-55 (1946). 59-92 (1956). **Drafting and Revision of Wills and *Oil and Gas Law in the Federal Court Trust Instruments Under the Reve- -Mutchinson v. McCue nue Act of 1948, The 46-154 (1940). 51-250 (1949). **Indicates a leading article Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 32 et al.: Subject Index

SUBJECT INDEX 87

Effect of Subsequent Events on Claims Deeds-Estoppel-Confirmation of Against the Estate 63-70 (1960). Married Woman's Conveyance Executors and Administrator-Not 42-69 (1935). Bound to Plead Statute of Limita- Deeds-Conveyance of Interest Sub- tions 62-212 (1959). sequently Acquired as Heir-War- **Excise Taxes in Their Relationship to ranty in Quitclaim Deed as Basis Property Taxes 46-21 (1939). for Estoppel 44-69 (1937). Federal Estate Taxation-Conditional Deeds-Estoppel by Deed-Effect of Bequests to Charity-No Deduction Reference 57-217 (1955). 57-223 (1955). **Defense of Laches and a Correlative, Inheritance Tax-Tax on Specific Be- The 59-266 (1957). quests-"Tax on a Tax Ad Infini- Insurance-Waiver and Estoppel as tum" Held Improper Satisfying Condition of Proof of 64-101 (1961). Loss in Fire Insurance Policies Gratuitous Conveyance in Fee Simple 65-311 (1963). -Oral Retention of Enjoyment by **Limits of Title Search Under the West Grantor for Life 62-87 (1959). Virginia Recording Act Marital Deduction and Powers of Ap- 56-20 (1954). pointment, The 68-82 (1965). Negligence-Governmental Immunity Marital Deduction Formula Clause from Tort Liability-Estoppel-Ef- 66-336 (1964). fects of Liability Insurance Methods for Evaluating the Reversion- 66-350 (1964). ary Interest of a Decedent *Promissory Estoppel in West Virginia 68-430 (1966). 46-253 (1940). Qualification of Dower Interest Com- **Some Practical Comments on the Tax mited to Cash for Marital Deduc- Practice 50-35 (1946). tion 66-68 (1963). **Tax Consequences of Joint Ownership EVIDENCE of Property 61-167 (1959). Transfer for Public, Religious, and See also Admissibility of Evidence; Charitable Uses 66-145 (1964). Admissions; Burden of Proof; Cir- cumstantial Evidence; Confessions; ESTATES Cross-Examination; Discovery; Ex- See also Inheritance & Succession pert Witnesses; Hearsay; Judicial Notice; Juries, Parol Evidence; Res **Critical Study of the Probate System Gestae; Res Ipsa Loquitor; Wit- in West Virginia, A nesses 67-22, 116 (1965). Administrative Law-Scope of Judic- **Division of Values Approach to Estate ial Review-Substantial Evidence Planning, The 63-1 (1960). Rule 60-270 (1958). **Drafting and Revision of Wills and Adoptive Admissions (Admission by Trust Instruments Under the Reve- Silence) 67-335 (1965). nue Act of 1948 51-250 (1949). Adoptive Admissions-Failure to *Executors and Administrators-Liabil- Deny Incriminatory Statement Made ity of Real Estate for Expense of in Presence of Accused Administration 42-59 (1935). 61-320 (1959). Admissable for One Purpose, Inad- Trust-Limitations on Distributions missable for Another-Limitation of from Incompetent's Estate Effect 48-287 (1942). 67-320 (1965). Admissibility of Evidence of Separate ESTOPPEL Independent Crimes 62-272 (1960). *Admissibility of Evidence of Similiar Charitable Subscriptions-Enforceabil- Offenses in Criminal Prosecutions ity-Common Law Consideration in West Virginia 54-142 (1952). 49-92 (1943). Admissibility of Indictments in Civil Contracts-Collective Bargaining- Cases in Federal Courts Consideration for Promise to Pay 51-273 (1949). Cash Equivalents or Benefits Admissibility of Opinion Evidence by 57-208 (1955). a Layman 62-300 (1960). Divorce-Collateral Attach by Subse- Admissibility of the Results of Blood quent Spouse-Estoppel Tests in Bastardy Proceedings 48-170 (1942). 55-287 (1953). **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 33 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

88 SUBJECT INDEX

Admissibility of Tape Recordings Criminal Law-Character Evidence- Where Portions Are Inaudible Doubt as to Guilt 62-106 (1959). 63-362 (1961). Criminal Law-Keeping Place of Pro- Admissibility of Testimony of Physic- stitution-Circumstantial Evidence ian Retained Solely as a Witness of Corpus Delicti 51-58 (1948). 62-274 (1960). Criminal Law-Production of Govern- *Admissibility of Wire-Tapped Evi- ment Records---Confidential Char- dence at Common Law acter 60-99 (1957). 58-268 (1956). Criminal Law-Use of Presumptions Admissions and Confessions Disting- to Shift Burden of Proof uished 61-318 (1959). 67-153 (1965). **Applicability of Instructions to the Criminal Law-When Newly Discov- Evidence 54-268 (1952). ered Evidence not Basis for New *Are Physicians Exempt from Testify- Trial 61-80 (1958). ing? 41-298 (1935). Criminal Law-Witnesses-Complu- Attorney-Client Privilege-Necessity sion of Spouse to Testify of Proceeding Against Client 63-93 (1960). 60-197 (1958). *Defense of Sterility in Paternity Attorney-Corporation Client Privi- Cases, The 59-258 (1957). lege 65-160 (1963). Disclosure of Defendant's Liability In- *Attorney---Client Privilege in West surance 57-104 (1955). Virginia, The 54-297 (1952). Eminent Domain-Obsolete Building Burden of Proof-Alibi -Proof of Value 51-63 (1948). 64-451 (1962). **Evidentiary Effect of a View: Stare Burden of Proof-Presumption of In- Decisis or Stare Dictis, The? nocence 63-274 (1961). 53-103 (1951). *Business Records as Evidence in West **Evidentiary Effect of a View-An- Virginia 60-321 (1958). other World, The 58-69 (1955). Constitutional Law--Criminal Law- Extradition-Judicial Notice Evidence-Searches and Seizures- 63-291 (1961). Silver Platter Doctrine Abolished Federal Shop--Book Rule-Admissi- 63-56 (1960). bility of Hospital Records Constitution Law-Due Process-Evi- 65-229 (1963) dence of Prior Conviction General Reputation of Disorderly 61-217 (1959) House to Establish Knowledge on Constitutional Law-Due Process- Part of Defendant Held Admissible Evidence Required to Sustain Cri- 60-399 (1958). minal Conviction 62-384 (1960). Hearsay-Declarations Against Penal Constitutional Law-Due Process-- Interest Not Allowed Prosecutions Withholding Evidence 61-149 (1959). Favorable to Defendant Held Viola- **Hearsay: "Self-serving" Declarations tive 60-189 (1958). 52-81 (1950). Constitutional Law-Prospective Limi- Hearsay-Spontaneous Exclamation tations of Mapp v. Ohio 51-65 (1948). 68-70 (1965). Incompetency of Witnesses-Time of Constitutional Law-Unlawful Search Objection 43-338 (1937). and Seizure--Evidence Obtained Indentity of Driver in Absence of Di- Thereby Not Admissible in State rect Evidence 65-72 (1962). Courts 64-83 (1961). Impeachment of Witnesses by Expert Competency of Husband and Wife to Opinion-Province of Jury Testify to Nonaccess During Time 62-212 (1960). of Conception. 66-38 (1963). Insurance-Waiver and Estoppel as Courts-Supervisory Powers-Enjoi- Satisfying Condition of Proof of ment of Federal Narcotics Agent Loss in Fire Insurance Policies From Testifying in State Court 65-311 (1963). 58-412 (1956). **Interpretation of Documents-The Pa- Criminal Law-Admissibility in Crim- inal Courts of Evidence Derived rol Evidence Rule and an Exception From Inadmissible Juvenile Confes- for Erroneous Description sions 67-69 (1964). 47-319 (1941). Criminal Law-Due Process and the *Judgment of Conviction as Evidence Statute of Limitations in a Subsequent Civil Action 68-195 (1966). 41-396 (1935). **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 34 et al.: Subject Index

SUBJECT INDEX

Judicial Notice of Municipal Ordin- Res Gestae Exception-Necessity that ance 61-236 (1959). Declarant Have Knowledge-Quali- Juvenile Courts-Constitutional Rights fications of Ordinary Witness and Rules of Evidence Applicable 43-76 (1936). 57-225 (1955). Res Gestae-Spontaneous Declarations **Law of Medical Malpractice in West 60-382 (1958). Virginia, The 41-35 (1934). Res Gestae-Spontaneous Exclama- *Laying a Foundation for the Intro- tions 47-340 (1941). duction of Secondary Evidence in -Does the Doctrine West Virginia 63-340 (1961). Raise a True Presumption of Law Legislation-Admission of Extrinsic or only a Permissible Inference of Evidence to Show Irregularities in Fact? 50-181 (1947). Passage of Bill 66-49 (1963). Res Ipsa Loquitur---"Modern View" **Lie Detectors-Extrajudicial Investi- Applied 62-298 (1960). gations and the Court 48-37 (1941). Search and Seizure-Admissibility Lie Detector Testimony Admissible When Obtained Incident to Arrest on Stipulation 65-76 (1962). Without a Warrant 61-236 (1959). Misconduct of Juror-Grounds for *Scope of Permissible Cross-Examina- New Trial 62-299 (1960). tion of a Party Litigant or Defend- New Hope for the Defense, the Rule ant in a Jury Trial in West Vir- of Botta v. Brunner ginia, The 66-317 (1964). 61-302 (1959). *Should the Admissibility of Dying Obtained by Unlawful Search-Admis- Declarations in Evidence be Limit- sibility to Discredit Defendant's ed to Homicide Cases? Testimony 56-125 (1954). 61-132 (1959). *Opinion Rule as Applicable to Dying *"Spontaneous Declaration (Res Gestae) Declarations in West Virginia, The 54-93 (1952). 53-170 (1951). "*Spontaneous Declarations (Res Gestae) *Opinion Rule as Applicable to Dying 56-1 (1954). Declarations in West Virginia-An- State Wiretapping-Federal Injunc- other View, The 53-322 (1951). tions in State Prosecutions Parol Evidence Rule-Invoked by a 63-292 (1961). Stranger Against a Party to the Status of the Mere Evidence Rule Contract 54-85 (1951). 68-431 (1966). *Parol Evidence Rule in West Virginia Stipulations and Admissions by At- -When is a Writing Complete? torney-Client Bound Thereby The 41-273 (1935). 61-326 (1959). Evidence-Past Recollection Recorded Testimonial Impeachment-Admissi- Present Recollection Revived bility of Plea of Guilty and Con- 63-73 (1960). viction in a Subsequent Civil Action Personal Injury Cases-Blackboard 53-181 (1951). Summation 62-402 (1960). Criminal Law-Use of Injunctive Pro- "*Personal Transactions with Persons ceedings to Suppress Evidence Deceased at the Time of the Trial 68-323 (1966). -An Analysis of Cases and Sug- Use of Learned Treatises in Cross- gestions for Statutory Change Examination of Expert Witnesses 41-256 (1935). 68-329 (1966). Evidence-Privilege Against Self-In- *View by a Judge Sitting in Lieu of crimination-Constitutionality of a Jury 59-379 (1957). Immunity Statutes 58-420 (1956). View by Jury in Eminent Domain **Privileged Communications between Proceedings 64-111 (1961). the Doctor and His Patient-An Weight of Evidence and Credibility Anomaly of the Law of Witnesses-Juror's Common 44-165 (1938). Knowledge and Experience Privileged Communication-State Se- 60-289 (1958). crets 47-338 (1941). "*West Virginia Administrative Proced- Prohibition of Spousal Testimony in ure Act, The 66-159 (1964). Criminal Trials-Common Law **West Virginia Dead Man's Statute, Rule Upheld 61-323 (1959). The 60-239 (1958). Reported Testimony of Deceased Wire Tapping-Admissibility of Mat- Witness-Substantially Similar Of- ter Illegally Obtained fenses 51-67 (1948). 60-292 (1958). **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 35 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

90 SUBJECT INDEX

Witnesses-Cross-Examination-Wai- EXTRADITION ver of Self-Incrimiation Privilege by Criminal Law-Extradition-Fugitive Defendant Who Testifies in his Own from Justice-Commission of Overt Behalf 61-79 (1958). Act in Demanding State as Render- Witnesses-Impeachment of Court ing one a Fugitive Subject to Extra- Witness by Prior Statements dition 43-75 (1936). 65-164 (1963). Criminal Law-Extradition for Non- Witnesses-Power to Compel Expert support 66-246 (1964). Testimony 51-74 (1948). Evidence-Extradition-Judicial No- tice 63-291 (1961). EXECUTION Habeas Corpus-Petitioner Not a See also Attachment & Garnishment; Fugitive From Justice Judicial Sales 45-281 (1939). Enforcement of Lien of Execution on Leasee's Interest in Oil and Gas FAIR TRADE Lease 42-74 (1935). Constitutional Law-Fair Trades Act Levy of Attachment and Execution on -Nonsigner Provision not Expres- Buyer's Interest Under Conditional sed in Title of Act is Unconstitu- Sales Contract 42-152 (1936). tional 60-117 (1957). *Doctrine of Secondary Meaning, The EXECUTORS & ADMINISTRATORS 62-254 (1960). See also Administrators; Probate Law, Trade Regulation-Monopolies-Sta- Wills tus of Requirements Contracts Un- Copyright-Renewal Rights-Execu- der the Clayton Act 52-71 (1949). tor's Right to Renew Where Author Has Assigned Renewal Rights FALSE IMPRISONMENT 63-173 (1961). Civil Rights-Application of Judicial **Critical Study of the Probate System Immunity and Volenti Non Fit In- juria 68-311 (1966). in West Virginia. A Federal Courts-Jurisdiction of Tres- 67-22, 116 (1965). pass and False Imprisonment Estate Tax-Executors and Adminis- 58-101 (1955). trators-Not Bound to Plead Sta- tute of Limitations 62-212 (1959). FAMILY LAW *Liability of Real Estate for Expenses See Domestic Relations of Administration 42-59 (1935). FEDERAL AID EXPERT WITNESSES **Expanding Horizons of Legal Services, The 67-179, 267 (1965). Evidence-Admissibility of Testimony States-Public Contracts-Disqualifi- of Physician Retained Solely as a cation of Officers as Applying to Witness 62-274 (1960). Funds Received from Federal Gov- Evidence-Use of Learned Teatises in ernment 52-70 (1949). Cross-Examination of Expert Wit- ness 68-329 (1966). FEDERAL & STATE COOPERATION Witnesses-Power to Compel Expert *Applicability to states of Federal Leg- Testimony 51-74 (1948). islation Speaking in General Terms 50-174 (1947). EXCISE TAXES **Water for Mushrooming Populations **Excise Taxes in Their Relationship to 62-1 (1959). Property Taxes 46-21 (1939). Taxation-Excise on Gasoline-Prior FEDERAL COMMUNICATION COM- Payment as Condition to Refund MISSION 50-90 (1946). *Administrative Law-Extent of Judic- ial Review-Rulings of the Federal EXPLOSIONS Communications Commission See also Torts 58-263 (1956). Absolute Liability-Blasting-Dam- **Impact of Judicial Review on the ages by Concussion and Vibrations Federal Communications Commis- 54-70 (1951). sion, The 63-25 (1960). **Some Aspects of Tort Liability in the *"Fringe Area" of Public Utilities, The Mining of Coal 61-243 (1959). 58-390 (1955). **Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 36 et al.: Subject Index

SUBJECT INDEX

FEDERAL COURTS *Hearings and Rehearings in Banc in See also Courts the United States Courts of Appeal Abstention Doctrine-Preserving Right 57-62 (1955). to Federal Determination of Con- Jurisdiction-Claim Under FELA stitutional Issue 66-261 (1964). Need not Involve Minimum Juris- Amount in Controversy-Aggregation dictional Amount 64-113 (1961). of Claims Against Co-defendant In- Jurisdictional Amount-Legal Certain- surance Companies 64-79 (1961). ty 63-365 (1961). Another Chapter to Erie Jurisdiction of Trespass and False 68-332 (1966). Imprisonment 58-101 (1955). Application of Federal or State Law Labor Law-Norris LaGuardia Act- to Federal Agency Litigation Power of Federal Court to Enjoin 67-161 (1965). Breach of no Strike Clause Bankruptcy-Oil and Gas-Discretion 65-82 (1962). in Federal Court to Permit Determi- Limitations on the Use of the Federal nation of Boundaries of Bankrupt's Declaratory Judgment Act in Deter- Leasehold by State Court mining the Validity of Fund Trans- 42-161 (1936). fers Under the Labor Management Federal Jurisdiction-Citizenship in a Relations Act 63-368 (1961). Class or Entity Action *Oil and Gas Law in the Federal Court 66-340 (1964). -Hutchinson v. McCue Civil Rights-Removal of Cause 46-154 (1940). 67-219 (1965). Personal Jurisdiction not Required in Comity-Enjoining Prosecution of Transfer to Cure Venue Defect Compulsory Counter Claim in An- 65-79 (1962). other District 64-112 (1961). **Power of Federal Courts to Declare Criminal Law-Delay in Arraignment Acts of Congress Unconstitutional, -Admissibility of Confessions The 42-96 (1936). 60-195 (1958). Prosecution of Officers under the Civil Rights Acts 68-335 (1966). Criminal Law-Use of Injunctive Pro- ceedings to Suppress Evidence Public Policy-Rule of Swift v. Tyson 68-323 (1966). -Attorney's Fee Provision in Prom- issory Note 42-165 (1936). Diversity Jurisdiction-Corporate Citi- **Sivift v. Tyson and the Construction zenship at its Place of Business 62-405 (1960). of State Statutes 41-131 (1935). Diversity Jurisdiction by Assignment Three Judge Court and Pre-Emption Improper or Collusive 64-358 (1962). 65-233 (1963). Trade-Marks and Trade-Names-Jur- Diversity Jurisdiction of Foreign Cor- isdiction-Goods of Different Class- poration 66-137 (1964). es 41-169 (1935). Diversity Jurisdiction of Proceeding Venue-Nonresident Motorist Statutes Brought by a Nonresident Guardian and Action in Federal Courts for a Nonresident Incompetent Min- 57-131 (1955). or 67-249 (1965). Venue--"Residence" of Defendant in Diversity of Citizenship--Corpora- Federal Reservation Grounded on Place of Business State Laws Concerning Admission tion's Principal of Foreign Corporations 63-389 (1961). 51-195 (1949). Evidence-Admissibility of Indict- **Workmen's Compensation, Conflict of ments in Civil Cases in Federal Courts 51-273 (1949). Law and the Constitution 55-131, 233 (1952-53). Federal Jurisdiction Cannot be Restric- ted by State Statutes 64-452 (1962). FEDERAL EMPLOYER'S LIABILITY Federal Removal Statute--"Separate ACT and Independent Claim or Cause" *Construction Workers in Interstate 59-212 (1957). Transportation 51-264 (1949). Habeas Corpus-Federal Courts-Ce- Federal Courts-Jurisdiction-Claims riorari to United States Supreme under F.E.L.A. Need not Involve Court as a State Remedy Minimum Jurisdictional Amount 53-82 (1950). 64-113 (1961). **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 37 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

92 SUBJECT INDEX

Injunction-Exercise of Power to En- FEDERAL RULES OF CRIMINAL join Litigant Within Courts Terri- PROCEDURE torial Jurisdiction from Bringing Courts-Supervisory Powers-Enjoin- Suit in Distant Tribunal-Federal ment of Federal Narcotics Agent Employer's Liability Act Non-Re- from Testifying in State Court strictive of General Equitable Power 58-412 (1956). 46-344 (1940). **Discovery and Inspection in Federal Master and Servant-Fraud in the In- Criminal Procedure ducement of an Employerment Con- 59-221, 312 (1957). tract-Effect under Federal Em- ployers' Liability Act Trial of Co-defendants-Right of Sil- 64-348 (1962). ence Violated 65-226 (1963). Master and Servant-Recovery for FEDERAL TORT CLAIMS ACT Silicosis Under Boiler Inspection Armed Forces-Injury Incident to Act and Federal Employer's Liabil- Military Service 52-239 (1950). ity Act 52-67 (1949). Torts-Malpractice-Statute of Limi- Statute of Limitations-Federal Em- tations under Federal Tort Claims ployers' Liability Act (FELA) Act 65-194 (1963). 62-112 (1959). Torts-Voluntary Assumption of Duty FEDERAL RULES OF CIVIL PRO- -Federal Tort Claims Act CEDURE 58-312 (1956). See also Civil Procedure FEES *Common Law Pleading Modified Ver- Contingent Fee Agreement as Equit- sus the Federal Rules able Assignment-Attorney's Inter- 52-137 (1950). est in Claim under such Agreement **Common Law Pleading Modified Ver- 45-278 (1939). sus the Federal Rules Contingent Fee Contract Between At- 53-27, 142, 195 (1950-51). torney and Client-Legal Effect of Evidence-Admissibility of Indict- Provision Prohibiting Client from ments in Civil Cases in Federal Compromising without Attorney's Courts 51-273 (1949). Consent 46-89 (1939). Service of Process in Aircraft over a Contracts-Agent's Right to Commis- State sion of Reorders After Termination 62-423 (1960). of His Employment 67-225 (1965). Federal Courts-Another Chapter to Fair Labor Standards Act-Contingent Erie 68-332 (1966). Fee Agreement-Allowance of Rea- Federal Courts-Diversity Jurisdiction sonable Attorney's Fee under FLSA of Proceeding Brought by a Non- Conditioned upon Attorney's Sur- resident Guardian for a Nonresident render of Contingent Fee Agree- Incompetent Minor 67-249 (1965). ment 51-275 (1949). **Judgment Non Obstante Teredicto Legal Ethics-Fee Splitting 51-14 (1948). 66-141 (1964). **New Federal Rules, The 45-5 (1938). Public Policy-Rule of Swift v. Ty- son-Attorney's Fee Provision in Procedure-Imputability of Attorney's Promissory Note 42-165 (1936). Negligence to Client Under West Virginia Rules of Civil Procedure FELONIES 67-173 (1965). See also Criminal Law Procedure-Rule 36-Request for Ad- Criminal Law-Extension of Felony missions 65-243 (1963). Murder Rule 66-129 (1964). Procedure-The Sufficiency of the Criminal Law-Instruction Incomplete Record in Opposing a Motion for as to Fact 55-67 (1952) Summary Judgment 65-323 (1963). Criminal Law-Presence of Accused at Trial 65-50 (1962). *Prior West Virginia Equity Practice Criminal Law-Scaring to Death is Regarding Necessary Joinder of Felony Murder 68-355 (1966). Parties as Precedent Under Rule 19 68-53 (1965). FELONY-MURDER RULE **Public and the State Bar, The Criminal Law-Extension of Felony 53-65 (1950). Murder Rule 66-129 (1964). **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 38 et al.: Subject Index

SUBJECT INDEX 93

Criminal Law-Felony-Murder--Sta- FOREIGN RELATIONS tutory Interpretation 58-415 (1956). Comparative Law-Consular Agent Criminal Law-Scaring to Death is Representing His National as Bene- Felony Murder 68-355 (1966). ficiary 68-182 (1966). FIDUCIARIES Constitutional Law-Restriction on Passports-Foreign Policy as a Fac- *Contracts Between a Director and tor 62-422 (1960). His Corporation 59-348 (1957). Constitutional Law-Treaties-The Corporations-Stock Transfer by United Nations Charter as the Su- Trustee in Fraud of Cestui-Corpor- preme Law of the Land ate Liability under Uniform Fidu- 53-79 (1950). ciaries Act 51-191 (1949). *International Law-Present Status of Trusts-Right of Fiduciary to Collect the Act of State Doctrine and its Extra Compensation for Legal Ser- Effect upon Private Foreign Invest- vices 45-85 (1938). ment 68-168 (1966). FIRE INSURANCE **Safeguarding Atoms-For-Peace: U. K. See also Insurance Bilateral Agreements with Other Alteration of Material Fact by Ap- Nations 68-263 (1966). plicant Between Date of Applica- FORFEITURE tion and Issuance of Policy "Drilling Clause in Oil and Gas Leases 42-71 (1935). in West Virginia, The 52-95 (1950). Effect of Standard Fire Policy Clause "Taxation and Land Titles under Ar- Prohibiting Additional Insurance on ticle XIII of the West Virginia Con- Insurer's Liability 61-342 (1959). stitution 65-263 (1963). Liability Insurance-Excepted Risks- West Virginia Law of Forfeited and Effect of Absence of Causative Delinquent Lands, The Connection 41-164 (1935). 50-158 (1947). Waiver and Estoppel as Satisfying FORGERY Condition of Proof of Loss in Fire Criminal Law-Common Law For- Insurance Policies 65-311 (1963). gery-Oral v. Written Representa- Waiver of Condition After Loss- tion of Authority 65-301 (1963). Authority of Fire Insurance Ad- Criminal Law-Forgery-Use of Fic- juster 42-247 (1936). titious or Assumed Name FIXTURES 62-393 (1960). Mines and Minerals-Merger of Coal FRAUD Lease in Reversion to Minerals- Corporations-Stock Transfer by Trus- Houses as Trade Fixtures Under tee in Fraud of Cestui-Corporate Coal Lease 46-264 (1940). Liability under Uniform Fiduciaries Act 51-191 (1949). Sale of Leased Premises to State- Creditors' Rights-Tort Liability for Houses and Garage Found to be Fraudulent Conveyance Fixtures 59-212 (1957). 68-416 (1966). "Valuation of Leasehold Estates in Equitable Defenses-Sealed Release- Eminent Domain 67-101 (1965). Replication-Fraudulent Inducement 41-86 (1934). FOOD, DRUG & COSMETIC Equity-Clean Hands 66-333 (1964). See Drugs *Responsibility for Mistakes in Appli- cation made by Agents of Insur- FOREIGN LAW ance Company 43-325 (1937). "*Control of Industry in a Federal Sys- **Some Spadework in the Implied War- tem-A Chapter in Australian Con- ranty of Authority 48-96 (1942). stitutional Development, The *Statutory Larceny in West Virginia 41-206 (1935). 46-326 (1940). "Federal Control of State Employees FRAUDS, STATUTE in Australia, The 41-332 (1935). See Statute of Frauds *Judicial Review of Statutes in Con- tinental Europe, The 41-112 (1935). FRAUDULENT CONVEYANCE Bankruptcy-Good Faith not Lacking **Workmen's Compensation, Conflict of Where Creditor Receives Security in Law and the Constitution Satisfaction of Antecedent Debt 55-131, 233 (1953). 67-332 (1965). **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 39 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

**Law of Fraudulent Conveyances in Conflict of Law-Divorce-Recogni- West Virginia, The 43-266 (1937). tion of Foreign Decree *Right of Subsequent Creditors to set 41-155 (1935). Aside a Fraudulent Conveyance Conflict of Laws-Full Faith and 43-225 (1937). Credit for Foreign Custody Judg- *Some Problems of Preferential Trans- ments 64-427 (1962) fers in West Virginia 52-110 (1950). Conflict of Laws-Full Faith and FREEDOMS, CONSTITUTIONAL Credit-Judgment of a Sister State *Anti-Picketing Injunctions in State 61-162 (1959) Courts as Affected by Free Speech Conflict of Laws-Full Faith and 58-382 (1956). Credit-Lack of Jurisdiction v. Mis- Constitutional Law-Freedom of take of Law 65-89 (1962) Speech and Press-Determination Conflict of Laws-Full Faith and of Obscenity 62-179 (1960). Credit versus Res Judicata Constitutional Law-Obscenity 65-220 (1963) 60-89 (1957). Conflict of Laws-Interstate Status of *Contempt by Publication in West Vir- Divorce 62-263 (1960) ginia 49-84 (1943). Federal Courts-Comity-Enjoining Constitutional Law-Freedom of Con- Prosecution of Compulsory Counter scious-Compulsory Military Train- Claim in Another District ing in Land Grant Colleges 64-112 (1961). 41-281 (1935). Conflict of Laws-Wrongful Death Constitutional Law-Freedom of Re- Measure of Damages-Substantive ligion and the Police Power or Procedural? 65-146 (1963) 68-65 (1965). "Workmen's Compensation, Conflict of Constitutional Law-Freedom of Re- Laws and the Constitution ligion-Statutory Preference for 55-131, 233 (1953) Adoption by Persons of Same Re- FUTURE INTEREST ligion as Child 57-204 (1955). Constitutional Law-Religious Free- See also Real Property; Perpetuties, dom in the Use of Property Rule Against; Possibility of Rever- 62-114 (1959). ter; Shelley's Case, Rule Of *Courts and Bible Reading in the Pub- Construction of Contingent Limitation lic Schools, The 62-353 (1960). -Wills-Held "or" to mean "and" Parent and Child-Compulsory Medi- 45-387 (1939) cal Care over Objections of Parents Contract of Purchase or Lease with 65-184 (1963). Option 56-128 (1954) Constitutional Law-Freedom of **Davis Case-A Study in Contingent Speech-Ordinance Requiring Reg- Remainders, The 41-385 (1935) istration of Union Organizers Held Eminent Domain-Right to Compen- Violative 60-272 (1958). sation for Covenants on Condemned Constitutional Law-Privacy-Right land 66-330 (1964) of Individual on Public Conveyances Estate Tax-The Marital Deduction 55-64 (1952). and Powers of Appointment Constitutional Law-Protected Free- 68-82 (1965) doms and Rights-Enforced Organ- Executory Devises and Perpetuties ization Dues 64-220 (1962). 45 -55 (1938) Constitutional Law-Smith Act-Re- Fee Simple Absolute or Fee Simple quirement of Words of Incitement Subject to a Condition Subsequent 60-91 (1957). or Fee Simple Determinable *Right of Petition, The 59-281 (1957) 55-275 (1953). Limitations to Heirs Postponed-De- **Revision of the Taft-Hartley Act termination of Takers 61-328 (1960) 55-91 (1953). Perpetuities-Interests Subject to Rule -Equitable Interests 63-79 (1960) FULL FAITH & CREDIT Conflicts of Law-Collateral Attack Personal Property-The Application of Foreign Divorce Decree of the Rule in Shelley's Case 68-103 (1965). 68-104 (1965) Conflict of Laws-Constitutional Law Posthumous Child-Child en Ventre Full Faith and Credit to Public Acts sa mere Regarded as in Being 43-229 (1937). 42-344 (1936) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 40 et al.: Subject Index

SUBJECT INDEX 95

Property-Restraint on Alienation **Canadian and British Death Tax Con- 67-89 (1964) ventions, The 50-55 (1946) Rule Against Perpetuities-Construc- Construction of Split-Gift Code and tion of Interest as Vested or Con- Regulations Provisions tingent 64-91 (1961) 66-349 (1964) :*Surviving Oddity: The Inter Vinos Tax Consequences of Joint Ownership Branch of the Doctrine of Worthier of Property 61-167 (1959) Title, A 63-143 (1961) Taxation-Gift Tax-Partial Restora- Wills-Class Gifts-Determination of tion to Donor as Ground for Claim- Members of Class 47-242 (1941) ing Pro Tante Refund 57-125 (1955) Wills-Holographic Cancellation of Life Estate Also Cancels Remainder GOODWILL 60-396 (1958) Comparison of the Tax Consequences Wills-Construction of Ambiguous of a Sale of Good Will with a Residuary Clause-Fee Simple or Covenant not to Compete, A Life Estate 60-114 (1957) 67-212 (1965) Unfair Competition-Infringement of GAMBLING a Trade Name 66-149 (1964) Gaming-Slot Machines as Gaming De- GOVERNMENT vices Under West Virginia Statute *Financial Responsibilities of West Vir- 58-102 (1955) Lotteries-Consideration Necessary to ginia Municipalities 52-208 (1950) Constitute-Bank Night and Similar **Some Vital Principles of the Ameri- Theatre Give-away Programs can Constitutional Government 52-131 (1950) 43-171 (1937) GARNISHMENT GOVERNMENT CONTRACTS See also Contracts See Attachment & Garnishment Contractual Liability of Government GAS for an Act Enhancing Cost of Per- formance-Element of Knowledge See Oil & Gas 62-190 (1960) GIFTS GOVERNMENT IMMUNITY & LIA- *Doctrine of Advancements, The BILITY 63-229 (1961) See also Federal Torts Claim Act **Drafting and Revision of Wills and Federal Tort Claims Act-Armed Trust Instruments Under the Reve- Forces-Injury Incident to Military nue Act of 1948, The 51-250 (1949) Service 52-239 (1950) Gift Taxes-Construction of Split- *Immunity of State Agency from Suit Gift Code and Regulations Provi- 43-66 (1936) sions 66-349 (1964) *Moral Obligation-Who Shall be the Personal Property-Gifts-Informal Keeper of the State's Conscience? Writings as Constituting Sufficient 52-57 (1949) Delivery 61-69 (1958) Municipal Corporations-Insurance Property-Cancellation of Note at and Immunity 65-239 (1963) Payee's Death not Testamentary Municipal Corporations-Liability for Gift 67-80 (1964) Tort-Swimming Pool Taxation-Gross Income-Cancella- 44-159 (1938) tion of Indebtedness as Constituting Municipal Corporations-Liability for Taxable Income 51-279 (1949) Torts 54-322 (1952) Wills-Class Gifts-Determination of Negligence-Governmental Immunity Members of Class 47-242 (1941) from Tort Liability-Estoppel-Ef- Wills-Right of an Adopted Child to fects of Liability Insurance take as a Class Remainderman 66-350 (1964) 65-246 (1963) **Refunds and Recovery of State Taxes Erroneously, Illegally, or Uncon- GIFT TAXES stitutionally Imposed in West Vir- ginia 41-348 (1935) See also Estate Taxes Taxation-Constitutionality of Tax- 'Drafting and Revision of Wills and Refund Statute 53-94 (1950) Trust Instruments Under the Re- Torts-The fall of the Charitable Im- venue Act of 1948 51-250 (1949) munity Doctrine 68-99 (1965) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 41 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

9 SUBJECT INDEX

GOVERNMENT REGULATIONS Virginia 60-321 (1958) See also Administrative Law; Trade Evidence-Admissibility of Testimony Regulations of Physician Retained Solely as a *Applicability to States of Federal Witness 62-274 (1960) Legislation Speaking in General Evidence-Adoptive Admissions Terms 50-174 (1947) 67-335 (1965) *Copyrights: A Thumbnail Sketch Evidence-Federal Shop-book Rule- 60-331 (1958) Admissibility of Hospital Records **Government by Injunction? 65-229 (1963) 52-217 (1950) Evidence-Hearsay - Declaration **Juridical Trauma and Medical Shock Against Penal Interest not Allowed 59-1 (1956) 61-149 (1959) Evidence-Hearsay-Spontaneous Ex- GRAND JURY clamation 51-65 (1948) Constitutional Law-Discrimination in *Evidence-The Opinion Rule as Ap- Selection of Grand Jurors plicable to Dying Declarations in 67-96 (1964) West Virginia 53-170 (1951) Criminal Law-Description of Money *Evidence--The Opinion Rule as Ap- in a Robbery Indictment plicable to Dying Declarations in 41-84 (1934) West Virginia-Another View *Irregularities in the Selection of Grand 53-322 (1951) Juries 59-190 (1957) Evidence-Reported Testimony of **Mcehanism of our Jury System Should Deceased Witness-Substantially be Adjusted and Lubricated, The Similar Offenses 51-67 (1948) 56-39 (1954) Evidence-Res Gestae Exception- Necessity that Declarant Have GUARDIAN & WARD Knowledge-Qualifications of Or- Evidence-Infant's Pleading as a Ju- dinary Witness 43-76 (1936) dicial Admission 65-309 (1963) Evidence-Res Gestae-Spontaneous Federal Courts-Diversity Jurisdiction Declarations 60-382 (1958) of Proceeding Brought by a Non- Evidence-Use of Learned Treatises resident Guardian for a Nonresident in Cross-Examination of Expert Incompetent Minor 67-249 (1965) Witness 68-329 (1966) Parent and Child-Effect of Payment **Hearsay: "Self-serving" Declarations by Bank of a Child's Deposit to 52-81 (1950) Parent not a Legal Guardian. Judgment of Conviction as Evidence in 41-91 (1934) a Subsequent Civil Action 41-396 (1935) HABEAS CORPUS **Spontaneous Declarations (Res Gestae) Constitutional Law-The Widening 56-1 (1954) Scope of State Habeas Corpus Re- **Twilight Zone of Hearsay, The lief 67-234 (1965) 57-137 (1955) Criminal Law-Habeas Corpus-Lack of Jurisdiction Resulting from Failure to Comply with Habitual HIGHWAY & STREETS Criminal Statute 60-94 (1957) See also Streets Due Process-Requirement that a Municipal Corporation-Absolute Prisoner be "Duly Cautioned" Liability for Disrepair of Streets 65-60 (1962) 67-77 (1964) Extradition-Petitioner Not A Fugi- tive From Justice 45-281 (1939) Municipal Corporations-Liability for Federal Courts-Certiorari to United Maintenance of Streets and Side- States Supreme Court as a State walks-Meaning of Statute a Jury Remedy 53-82 (1950) Question 53-89 (1950) **Martial Law and Habeas Corpus *Public Utility Relocation Costs Rela- 46-185 (1940) tive to Federal-Aid Highway Act **New Scope of Federal Habeas Corpus of 1956 60-358 (1958) for State Prisoners, The **Reservation of Highway and Street 65-253 (1963) Rights of Way by Official Maps HEARSAY 66-73 (1964) See also Evidence Streets-Dedication by Recorded Plat *Business Records as Evidence in West -Conditions 41-293 (1935) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 42 et al.: Subject Index

SUBJECT INDEX 97

HISTORY OF LAW ILLEGITIMACY **Judicial Review of Statutes in Con- 'See Bastards tinental Europe, The 41-112 (1935) **Is Law Disappearing? 51-1 (1948) IMMIGRATION **John Marshall-His Influence on the Alien-Suspension of Deportation- Constitution and the Courts Use of Confidential Information 42-14 (1935) 59-199 (1957) "Note on Statham's Abridgment Constitutional Law-Nationality-In- 46-233 (1940) voluntary Expatriation 61-51 (1958) "Some Unpublicized History of West Virginia and the Restored Govern- IMMUNITY ment of Virginia 66-9 (1963) See also Government Immunity Charities-Charitable Corporations-- HOMICIDE Liability for Torts 53-76 (1950) *Automobile Deaths and Involuntary Civil Rights-Application of Judicial Manslaughter in West Virginia Immunity and Volenti Non Fit In- 63-130 (1961) juria 68-311 (1966) *Degrees of Murder and Manslaughter Conflict of Laws-nterspousal Tort 44-194 (1938) Immunity 68-407 (1966) Criminal Law-Immunity from Prose- HOSPITAL cution 57-212 (1955) Negligence-Liability of a Charitable Evidence-Privilege Against Self- Hospital-Insurance Incrimination-Constitutionality of 55-155 (1953) Immunity Statute 58-420 (1956) **Law of Medical Malpractice in West Federal Courts-Prosecution of Of- Virginia, The 41-35 (1934) ficers under the Civil Rights Acts "Public and Public Welfare Property 68-335 (1966) Tax Exemption in West Virginia *Immunity of State Agency From Suit 55-171 (1953) 43-66 (1936) Torts-Private Hospitals-Liability *Moral Obligation-Who Shall be the for Refusal to Provide Emergency Keeper of the State's Conscience? Treatment 64-234 (1962) 52-57 (1949) HUSBAND Municipal Corporations-Liability for AND WIFE Torts 54-322 (1952) See also Domestic Relations Negligence-Conflict of Laws-Action Action for Negligence Allowed Against Spouse for Tort in Another Against Spouse 60-294 (1958) State 41-429 (1935) Agency-Family Purpose Doctrine-- Negligence-Liability of a Charitable Liability of Wife for Husband's Hospital-Insurance Negligent Operation of Automobile 55-155 (1953) 42-66 (1935) Parent and Child-Right of Child to Conflict of Laws-Interspousal Tort Recover in Tort Against Parent Immunity 68-407 (1966) 55-75 (1952) Divorce-Cruel or Inhuman Treat- Torts-The Effect of Wilful and Wan- ment as Ground for 55-69 (1952) ton Conduct on Parental Immunity Dower-Property Subject to Right- 68-105 (1965) Contract Before Marriage to Will Torts-The Fall of the Charitable to Another 51-60 (1948) Immunity Doctrine 68-99 (1965) Evidence-Competency of Husband Wrongful Death-Liability of Hus- and Wife to Testify to Nonaccess band if Wife Sole Beneficiary During Time of Conception 55-296 (1953) 66-38 (1963) "Parties to Actions and Suits Under the IMPLIED CONTRACTS Revised Code 43-90 (1937) *Theory of a Medical Malpractice Taxation-Estate Tax-Alimony Action-Time Limitations and 50-88 (1946) Damages 64-412 (1962) Wrongful Death-Liability of Hus- Torts-Malpractice-Wrongful Death band if Wife Sole Beneficiary Action Based on Breach of Contract 55-296 (1953) 64-447 (1962) **Indicates a leadin- article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 43 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

IMPLIED TRUST Depreciation in Year of Sale *Constructive Trusts in West Virginia 67-166 (1965) 45-357 (1939) Disbursements to Frustrate State and *Trust Preference of Depositors in Municipal Laws-Deductions as Bank Insolvency in West Virginia Business Expenses not Allowed 41-70 (1934) 59-96 (1956) Denial of Deduction of Business Ex- IMPLIED WARRANTY penses Incurred in Personal Litiga- *Implied Warranty and Trichinosis tion 65-314 (1963) 65-287 (1963) Embezzled Funds Represent Taxable Sales-Additional Responsibility of Income 64-97 (1961) Manufacturers-New Car Sales *Ethical Problems and Responsibilities 64-351 (1962) of the Tax Attorney 66-111 (1964) Sales-Persons Protected by Warran- Exchange of Principal Residence; Ex- ties under the Uniform Commercial change of Property Held for Pro- Code-Employee of Buyer Held not ductive Use 61-154 (1959) Protected 65-326 (1963) Fair Market Value of Overriding **Some Spadework in the Implied War- Royalty Interest-Implied Reserved ranty of Authority Economic Interest 62-277 (1960) 48-96 (1942) Federal Income Tax-Right to Sub- INCOME TAX scribe to Stock of Another Corpora- tion as Taxable Gain **Refunds in Connection with Trans- 41-93 (1934) feree Liability-A Legislative Pro- Gross Income-Cancellation of In- posal 54-117 (1952) debtedness as Constituting Taxable Income Tax-Alimony-Payments for Income 51-279 (1949) Months Prior to Divorce Decree not *Income Tax Aspects of Real Estate Deductible 63-76 (1960) Developments by Multiple Corpora- Alimony Pursuant to an Invalid Di- tions, The 63-252 (1961) vorce 68-214 (1966) "Some Practical Comments on the Tax Amount of Control for Capital Gains Practice 50-35 (1946) 67-337 (1965) *Judicial Interpretation of the Ordinary Basis for Depletion Allowance and Necessary Clause of the In- 66-41 (1963) ternal Revenue Code 54-150 (1952) Cash Basis to Accrual Bases-Inven- Jurisdiction of Federal District Court tory Included 55-288 (1953) Grant Refund of Partial Tax Pay- Clifford Trusts-Unrestricted Control ment 63-190 (1961) Retained by Settler-Trustee Limitation on Educational Expenses as 56-59 (1954) Business Expenses 68-432 (1966) *Comparison of the Tax Consequences Loss Incident to "Sale" Involving Oil of a Sale of Good Will with a and Gas Production Payment-De- Covenant not to Compete, A duction Allowed 62-280 (1960) 67-212 (1965) Marshaling Claims-The Effect of Contribution to Employees' Savings State Exemption Laws on Collection Trust 66-46 (1963) of Government Liens 66-249 (1964) Conversion of Capital Gains into Or- Negligence Penalty 51-197 (1949) dinary Income in Collapsible Cor- Nonrecognition of Gain Realized upon porations 65-168 (1963) Involuntary Conversion of Invert- Corporate Reorganizations-Spin-offs ment Property 65-171 (1963) 68-339 (1966) Ordinary and Necessary Expense-- Damages-Loss of Earnings-Federal Capital Loss Distinguished Income Tax 60-378 (1958) 58-112 (1955) *Damage Awards, Instructions, and the **Partnerships--Some Accounting Prob- Jury's Common Knowledge 59-355 (1957) lems in the Preparation of the Deductions-Loans by Employee to Partnership Return of Income Corporation Deductible as Business 50-44 (1946) Bad Debts 64-94 (1961) Payment by Sublessee for Cancella- Deduction of Items Related to Capital tion of Lessee's Interest Transactions 67-262 (1965) 63-277 (1961) *Depletion Deduction as Applied to Rejection of Strip Mining, The 59-182 (1957) 66-263 (1964) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 44 et al.: Subject Index

SUBJECT INDEX 99

:*Refunds in Connection with Trans- INDIGENT DEFENDANTS feree Liability: a Legislative Pro- Constitutional Law-Equal Protection posal 54-117 (1952) -Appellate Review in Criminal Receipt of Income-Satisfaction of Case Based on Ability to Pay Judgment After Assignment as In- 59-79 (1956) come to Assignor 50-98 (1946) "*Expanding Horizons of Legal Services, Tax Consequences of Joint Ownership The 67-179, 267 (1965) of Property 61-167 (1959) Transaction Entered Into for Profit- INFANTS Proper Basis for Computing De- See also Children; Parent & Child ductible Loss 63-370 (1961) Child Labor Law-Contributory Neg- Travel Expense Deductions-New Ap- ligence 54-321 (1952) proach to Implement the "Tem- Domestic Relations-Custody of porary and Indefinite" Test Minor Children 67-74 (1964) 63-279 (1961) En Ventre Sa Mere-As Tort Plain- INDEPENDENT CONTRACTORS tiffs 54-82 (1951) Evidence-Infant's Agency-Liability of Employer for Pleadings as a Acts of Independent Contractor Judicial Admission 65-309 (1963) 56-54 (1954) Equitable Procedure for Determining :"*Liability for the Torts of Independent and Ordering Custody of a Neg- Contractor in West Virginia lected Child 59-389 (1957) 55-216 (1953) Future Interests---Posthumous Child- Liability of the Employer in West Child En Ventre Sa Mere Regarded Virginia 54-318 (1952) as in Being 42-344 (1936) Proceedings as to Custody-Repudia- INDICTMENT & INFORMATION tion of Relinquishment to Private *Alleging the Date of the Offense in the Child Agencies 59-98 (1956) Indictment 57-193 (1955) "Recovery of Damages for Injuries Sus- Criminal Law-Indictment-Allega- tained by Child En Ventre Sa Mere tion of Knowledge 46-175 (1940) 65-197 (1963) Criminal Law-Description of Money Tort-Father's Action Against an in a Robbery Indictment Unemancipated Son for Loss of 41-84 (1934) Services of Another Unemancipated Criminal Law-Indictment as Acces- Son 62-206 (1960) sory Before the fact Held Suffici- ent to Sustain Conviction as Prin- INHERITANCE & SUCCESSION cipal 42-67 (1935) See also Executor & Administrator; & Criminal Law-Indictments-Indorse- Wills ments of Reverse Side **Doctrine of Advancements, The 58-90 (1955) 63-229 (1961) Criminal Procedure-Indictment-Of- Descent-Statute Amended-Advances fense Laid on a Date Subsequent Husband and Wife 60-206 (1958) to Indictment 51-129 (1948) Equity-Inheritance from Ancestor Criminal Law-Indictment-Statutory Who was Killed by Heir Short Form 47-336 (1941) 58-197 (1956) Criminal Law-Receiving Stolen *Legitimatizing Statutes-Scope of Goods-Knowledge Element-Vari- West Virginia Statute 45-370 (1939) ance Between Indictment and In- Wills-Construction-Intent of Testa- struction 43-232 (1937) tor Paramount Aim 62-211. Criminal Law-Sufficiency of Felony Wills-Void Residuary-Intestacy- Indictment Where Word "Felonious- Right of Nonrenouncing Spouse to ly" is Omitted 63-66 (1960) Share 55-293 (1953) **Duplicitous Allegations in Indictments 58-18 (1955) INJUNCTION Evidence-Admissibility of Indict- *Anti-Picketing Injunctions in State ments in Civil Cases in Federal Courts as Affected by Free Speech Courts 51-273 (1949) 58-382 (1956) *Joinder of Crimes in the Same Indict- **Bankruptcy-Rights and Powers in ment 57-196 (1955) Chapter XIII 68-375 (1966) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 45 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

Covenants in Employment Contracts- INJURIES Extent of Rtstriction 51-131 (1948) Assault in Workmen's Compensation Criminal Law-Use of Injunctive Pro- Cases 61-288 (1959) ceedings to Suppress Evidence **Brief Survey of the West Virginia Law 68-323 (1966) of Compensibility, A 62-303 (1960) Evidence-Personal Injury Cases- Covenant of Employee not to Compete Blackboard Summation Validity of Extensive Territorial Re- 62-402 (1960) striction-Divisability 41-285 (1935) Evidence-Res Ipsa Loquitur-"Mo- Defamation-Jurisdiction of Equity to dern View" Applied 62-298 (1960) Enjoin 57-101 (1955) New Hope for the Defense-the Rule Equity-Retention of Jurisdiction to of Botta v. Brunner 61-302 (1959) Award Damages 53-328 (1951) *Permanent Injury: General or Special Damage 64-405 (1962) Equity-Unfair Competition-Injunc- *Personal Injury Within the Meaning of tion Granted Against Community the West Virginia Workmen's Com- Antenna 65-69 (1962) pensation Act 43-154 (1937) Exercise of Power to Enjoin Litigant Pleading-Actions-Injury to Person within Courts Territorial Jurisdic- and Property-One Cause of Action tion from Bringing Suit in Distant 51-71 (1948) Tribunal-Federal Employer's Lia- **Recovery of Damages for Injuries bility Act Non-restrictive of General Sustained by Children En Ventre Sa Equitable Power 46-344 (1940) Mere 65-197 (1963) **Government by Injunction? Tort-Father's Action Against an Un- emancipated Son for Loss of Serv- 52-217 (1950) ices of Another Unemancipated Son Interference with Advantageous Busi- 62-206 (1960) ness Relation--Selling Solution in Workmen's Compensation-Co-Em- Puzzle Contest 48-174 (1942) ployees Liability for Personal Un- *Injunctions Against Continued Tres- jury to Fellow Worker 62-200 (1960) passes 43-70 (1936) Workmen's Compensation-Injury *Injunctions Against Trespass Where Arising out of and in the Course of Title is in Dispute 55-260 (1953) Employment 61-233 (1959) Issuance of Process as Condition Pre- *Workmen's Compensation Where In- cedent to Granting Preliminary In- jury Results from Exposure to the junction 42-132 (1936) Natural Elements 51-118 (1948) Labor Law-Injunctions of Strikes Af- INSANITY fecting National Health and Safety Constitutional Law-Due Process in 62-284 (1960) Determination of Sanity of Con- demned Prisoner-Remedial Pro- Labor Law-Norris-LaGuardia Act cedures 61-141 (1959) -Power of Federal Court to En- join Breach of no Strike Clause Criminal Law-Defenses-Insanity- 65-82 (1962) "New Test" 57-99 (1955) Criminal Law-Insane Persons-Com- Nuisance-Aesthetic Grounds Held petency to Stand Trial 58-94 (1955) Valid for Injunctive Relief Against Lawful Business 59-92 (1956) Criminal Law-Premeditated Murder -Defense of Mental Incapacity Public Utilities-Injunction Against 60-116 (1957) Government Agencies 58-424 (1956) *Criminal Responsibility to Determine *Refunds and Recovery of State Taxes Insanity-The Model Penal Code Erroneously. Illegally, or Uncon- Test Emerges from the Currently stitutionally Imposed in West Vir- Existing Tests 64-64 (1961) ginia 41-348 (1935) **Psychology, Mental Illness, and the Unfair Competition-Infringement of Law 60-55, 133 (1957) a Trade Name 66-149 (1964) INSOLVENCY Unfair Competition-Infringement of *Insolvency as a Ground of Equity Trade Name-Prerequisites To En- Jurisdiction in W. Va. join 58-209 (1956) 41-66 (1934) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 46 et al.: Subject Index

SUBJECT INDEX 101

**Some Problems of Preferential Trans- **Effect of Public Policy on the Lia- fers in W. Va. 52-110 (1950) bility of an Insurer Where the In- *Trust Preferences of Depositors in sured has been Executed for the Bank Insolvency in W. Va. Commission of a Crime, The 41-70 (1934) 42-31 (1935) Effect of Standard Fire Policy Clause INSTALLMENT SALES Prohibiting Additional Insurance on See Sales Insurers' Liability 61-342 (1959) Evidence-Disclosure of Defendant's INSTRUCTIONS TO JURIES Liability Insurance 57-104 (1955) **Applicability of Instructions to the False Statements in Application for Evidence 54-268 (1952) Life Insurance Policy as Defense Instructions-Binding Instruction on to Liability-Duty of Company's Contributory Negligence Need not Agent to Record Correctly Appli- State Specific Acts of Negligence cant's Answers 42-246 (1936) 64-231 (1962) Formation of the Contract--Subroga- Contributory Negligence-Instructions tion 51-134 (1948) 59-278 (1957) Incontestability Clause-Exceptions as Criminal Law-Instruction Incomplete to Double Indemnity and Disability as to Fact 55-67 (1952) Benefits 46-93 (1939) Criminal Law-Presence of Accused *Incontestability Clause in Life Insur- at Trial 65-50 (1962) ance Policies, The 44-390 (1938) Criminal Law-Receiving Stolen Insurable Interests 62-113 (1959) Goods-Knowledge Element-Vari- Insured's Breach of Cooperation ance Between Indictment and In- Clause 66-342 (1964) struction 43-232 (1937) Insurer's Attempted Cancellation of *Damage Awards, Instructions, and the Auto Liability Policy by Mail In- Jury's Common Knowledge effective 59-214 (1957) 59-355 (1957) Insurer's Responsibility to Defend **Instructions to Jury and the Proposed 66-349 (1964) Rule 58-117 (1956) *Intentional Injury Clauses "Mechanism of our Jury System Should 45-161 (1939) be Adjusted and Lubricated 56-39 (1954) Liability Insurance-Breach of Co- *"Problem of Jury Instructions, The operation Clause-Failure of In- 43-1 (1936) sured to Testify 61-151 (1959) Torts-Unavoidable Accident Liability Insurance-Excepted Risks- 68-349 (1966) Effect of Absence of Causative Con- nection 41-164 (1935) INSURANCE Liability of Insurer for Unauthorized Accidental Death-Notice to Insurer Act of Solicating Agent 59-203 (1957) 58-204 (1956) Alteration of Material Fact by Ap- plicant Between Date of Applica- Negligence-Liability of Charitable tion and Issuance of Policy Hospital-Insurance 55-155 (1953) 42-71 (1935) Notice and Proof of Loss--Total Dis- Authority of Agent to Waive Condi- ability as an Excuse 45-175 (1939) tions of Policy 58-201 (1956) Presumption Against Suicide Cash Surrender Value-Mutual Mis- 45-167 (1939) take 48-176 (1942) Questions in Application-Extent to Construction of Exceptions-Storage Which Insured May Rely upon Sug- in Public Garage Held Within Theft gestions of Agent 62-408 (1960) Coverage 42-346 (1936) Contracts-Insurance - Interpreta- Receipt on Back of Check not Binding tion of Word "War" Unless Supported by Consideration 55-149 (1953) 43-163 (1937) Damages-Liability Insurance and Release-Recission for Mutual Mis- Punitive Damages 65-158 (1963) take-Existing but Unknown Injury "Death by Accidental Means"-Con- as Grounds Therefor 65-177 (1963) struction 45-277 (1939) *Responsibility for Mistakes in Ap- Effect of Legal Execution of Insured plication Made by Agents of In- for Crime 41-424 (1935) surance Company 43-325 (1937) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 47 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

102 SUBJECT INDEX

Retention of Premiums After Loss- INTERPRETATION & CONSTRUC- Non-Existence of Person Qualified TION to Receive Payments 48-74 (1941) And/or Its Use and Abuse 42-235 (1936) Statutes-Admissability of Evidence of **Common Pleading Modified Ver- Conviction of Non-Felonious Kill- Law ing of Insured by Beneficiary sus the Federal Rules 52-137 (1950) 41-287 (1935) *Construction Workers in Interstate Subrogation-Waiver 56-61 (1954) Transportation 51-264 (1949) **Thrust of Tort Law, The Fair Labor Standards Act-Contin- 64-1, 115, 241 (1961-62) gent Fee Agreement-Allowance of *Tort Liability of Insurer for Failure Reasonable Attorney's Fee Under to Act Promptly on Application FLSA Conditioned upon Attorney's 41-417 (1935) Surrender of Contingent Fee Agree- Waiver of Condition After Loss- ment 51-275 (1949) Authority of Fire Insurance Ad- Fair Labor Standards Act-Regular juster 42-247 (1936) Rate of Pay-Existence Thereof **Workmen's Compensation, Conflict Where Sole Wages Consist of Tips of Law and the Constitution 51-277 (1949) 55-131, 233 (1953) Interpretation of Language in a Writ- ten Instrument 42-110 (1936) INTEREST **Some Problems of Preferential Trans- Damages-Duty to Pay Interest on fers in W. Va. 52-110 (1950) Funds Withheld under an Uncon- **Substance and Procedure in Rule stitutional Statute 54-317 (1952) Making 51-34 (1948) Negotiable Instruments-Usury- **Taft-Hartley Act and the Balance of Laches 44-78 (1937) Power in Labor Relations, The Taxation-The Right to Collect Post 51-141 (1949) -Bankruptcy Interest 66-71 (1963) **Trends in the Administration of the *Usury Laws as Applied to Credit Sales Act 51-152 (1949) -The Need for Revision Taft-Hartley 63-42 (1960) Wills-Time for Contest-Admission to Probate of Non-Testamentary INTERNATIONAL LAW Instrument 52-77 (1949) Comparative Law-Consular Agent Representing His National as Bene- INTERSTATE COMMERCE ficiary 68-182 (1966) Constitutional Law-Discrimination in Constitutional Law-Treaties-The Interstate Commerce 67-261 (1965) United Nations Charter as the Su- Constitutional Law-Interstate Com- preme Law of the Land merce-State Control of Interstate 53-79 (1950) Activities 61-143 (1959) *Present Status of the Act of State Constitutional Law-Taxation of In- Doctrine and its Effect upon Priv- terstate Commerce-Railroad Loop ate Foreign Investment Traffic 60-275 (1958) 68-168 (1966) *Construction Workers in Interstate **Judicial Review of Statutes in Con- Transportation 51-264 (1949) tinental Europe, The 41-112 (1935) Taxation of Interstate Commerce *Present Status of the Act of State 54-327 (1952) Doctrine and its Effect upon Priv- Taxation and Interstate Commerce ate Foreign Investment 68-422 (1966) 68-168 (1966) **Workmen's Compensation, Conflict of **World Rule of Law-The Role of Laws and the Constitution the Individual Lawyer 55-131, 233 (1953) 63-118 (1961) INTERSTATE COMPACTS INTERPLEADER Constitutional Law-Conflict of Laws See Compacts -Use of Interpleader to Avoid Double Inheritance Taxation & LICENSEES 44-398 (1938) See Negligence; Trespass Constitutional Law-Double Inherit- ance Taxation-Interpleader by In- JOINT TENANCY terested State 45-375 (1939) Construction Trusts-Acquisition of Interpleader-Statutory Construction Property by Murderer-Tenancy by -Party Defendant 58-105 (1955) the Entirety 59-84 (1956) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 48 et al.: Subject Index

SUBJECT INDEX

Constructive Trusts-Survivorship in **General, But Incomplete Resume of Joint Tenancy-Right of Murderer Appellate Jurisdiction in W. Va., A to Recover Entire Fund of De- 55-28 (1952-53) ceased 42-241 (1936) **Judge's Responsibility on a Plea of Effect of Murder on the Right of Guilty, The 62-213 (1960) Survivorship 58-422 (1956) Juries-Change in Venire-Discretion **Joint Estates in Real Property in of Trial Judge 58-205 (1956) W. Va. 61-101 (1959) **Mechanism of our Jury System Property-Involuntary Partition of Should be Adjusted and Lubricated, Jointly Owned Property The 56-39 (1954) 68-343 (1966) Trial Judge's Discretion-Mandamus Property-Joint Tenancy-Effect of and Prohibition 61-238 (1959) Murder on the Right of Survivor- ship 58-422 (1956) JUDGMENTS Property-Joint Tenancy in Joint See also Declaratory Judgment; Res Bank Accounts 66-252 (1964) Judicata Property-Joint Tenancy-Rights of Conflict of Laws-Full Faith and Survivorship 62-294 (1960) Credit-Lack of Jurisdiction v. Mis- Property-Joint Tenancy-Language take of Law 65-89 (1962) Intending to Create Held Sufficient Conflict of Laws-Full Faith and 60-400 (1958) Credit for Foreign Custody Judg- Property-Sale of an Undivided In- ments 64-427 (1962) terest in Realty for Federal Tax Conflict of Laws-Full Faith and Lien 65-191 (1963) Credit versus Res Judicata *Land Book Assessment Amendment- 65-220 (1963) Enabling Legislation, The *'Correction of Error on Motion 41-400 (1935) 55-1 (1952) Property-Sale of an Undivided In- Criminal Law-Effect of Judgment terest in Realty for Federal Tax when one Count is Improper Lien 65-191 (1963) 63-203 (1961) Property-Tenancy by Entireties Crea- Criminal Law-Effect of Order Set- tion Through Simultaneous Convey- ting Aside Sentence After Imprison- ances Involving Tenants in Com- ment Under First Judgment Begun mon 62-196 60-284 (1958) **Some Aspects of Joint Ownership of Real Property in W. Va. Criminal Law-Plea of Guilty---"Jur- 63-207 (1961) isdictional Facts" 62-268 (1960) Wills-Devise of Specific Portion of Domestic Relations-Divorce-Mis- Property Held in Cotenancy conduct by the Prevailing Party 66-64 (1963) Before the Entry of the Final De- cree 65-336 (1963) JOINT TORTFEASORS **General, But Incomplete Resume of **Battersey's Case 47-123 (1941). Appellate Procedure in W. Va., A Damages-Torts-Punitive Damages 55-28 (1952) Denied Against Joint Tort-Feasors Judgment Lien-Doctrine of Relation 63-360 (1961) Back-Notice of Suit as Notice of Torts-Intervening Cause-Liability Lien 60-102 (1957) of Original Tortfeasor for Subse- **Judgment Non Obstante Veredicto quent Damages to Property by a 51-14 (1948) Repairman 61-159 (1959) Workman's Compensation Act- Validity of Judgment on Note as Af- Award as Pro Tanto Satisfaction in fected by Failure to Allege or Employee's Subsequent Action Prove Return of Note for Taxation Against Concurring Tortfeasors 45-383 (1939) 54-172 (1952) JUDICIAL ADMINISTRATION JUDGES **Bar and the New Deal, The Constitutional Law-Separation of 41-103 (1935) Powers-Control by Judiciary of Challenge for Unremitting Activity Compensation Court Attaches for Reform of Lower Courts, A 56-119 (1954) 50-105 (1947) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 49 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

John Marshall-His Influence on the **Judicial Review of Statutes in Con- Constitution and the Courts tinental Europe, The 41-112 (1935) 42-14 (1935) **Some Elementary Principles of Con- **Judiciary in a Changing World, The stitutional Law 53-117 (1951) 51-107 (1948) **West Virginia Administrative Proce- Stipulation-Operation and Effect- dure Act, The 66-159 (1964) Administrative Compared with Ju- JUDICIAL SYSTEMS dicial Proceedings 57-122 (1955) Constitutional Amendment of Article JUDICIAL NOTICE VIII of W. Va. Constitution 45-220 (1939) Evidence-Extradition-Judicial Notice **Judiciary in a Changing World, The 63-291 (1961) 51-107 (1948) Evidence-Judicial Notice of Munici- *Predictability of the Law; Its Relation pal Ordinance 61-236 (1959) to Respect for Law 66-1 (1963) **Small Claims Courts Versus Justices JUDICIAL SALE of the Peace 58-241 (1956) See also Tax Sale *Work of the W. Va. Commission on Constructive Trusts-Duty of Agent Constitutional Revision, The to Reconvey Land Purchased for 67-1 (1964) Principal-Statute of Frauds 50-177 (1947) JURIES West Virginia Law of Forfeited and See also Grand Juries, Instructions to Delinquent Lands, The Juries, Verdicts 50-158 (1947) Change in Venire-Discretion of Trial Judge 58-205 (1956) JUDICIAL REVIEW Constitutional Law-Due Process- *Administrative Law-Extent of Judic- Waiver of Right to Object to Com- position of Grand Jury ial Review-Rulings of the Federal 58-410 (1956) Communications Commission Criminal Law-Administrative Law 58-263 (1956). and the Right to Trial by Jury Administrative Law-Judicial Review 68-73 (1965) -Certification of Questions of Law Criminal Law-Disqualification of 57-202 (1955) Jurors 66-35 (1963) Administrative Law-The Right of Criminal Law-Verdicts-Integration Judicial Review of Administrative of Finding of Guilt and Recom- Action 65-143 (1963) mendation of Clemency **Doctrine of Precedent as Applied to 51-193 (1949) Administrative Decisions, The Criminal Law-Judicial Acts on Sun- 59-111 (1957) day 67-334 (1965) *Extent of Judicial Review of Admin- *Damage Awards, Instructions and istrative Tax Determinations in Jury's Common Knowledge W. Va. 50-75 (1946) 59-355 (1957) Federal Courts-Abstention Doctrine Evidence-Misconduct of Juror- Preserving Right to Federal Deter- Grounds for New Trial mination of Constitutional Issue 62-299 (1960) 66-261 (1964) Evidence-View by Jury in Eminent Final Word on the Doctrine of the Domain Proceedings 64-111 (1961) Hodge Case, A 45-316 (1939) Evidence-Weight of Evidence and Hodges Case and Beyond-A Reply Credibility of Witnesses-Juror's to Professor Davis, The Common Knowledge and Experi- 45-291 (1939) ence 60-289 (1958) **Impact of Judicial Review on the **Foundations of American Realism Federal Communications Commis- 60-37 (1957) sion, The 63-25 (1960) Improper Discharge of Jury Before *Judicial Abstention in the Federal Verdict as Double Jeopardy Courts-Its' Origin, Purposes, and 45-71 (1938) Application 65-209 (1963) *Irregularities in the Selection of Grand **Judicial Review of Administrative Ac- Juries 59-190 (1957) tion in W. Va.-A Study in Separa- *Jurors and the Sanctity of Their Ver- tion of Powers 44-270 (1938) dicts 63-261 (1961) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 50 et al.: Subject Index

SUBJECT INDEX 105

Magna Charta and the Jury System **Critical Study of the Probate System 42-1 (1935) in W. Va., A 67-22, 116 (1965) **Mechanism of our Jury System Should Defamation-Jurisdiction of Equity to be Adjusted and Lubricated, The Enjoin 57-101 (1955) 56-39 (1954) Due Process-Jurisdiction-Corporate **Preliminary Remarks to Jurors Amenability to Substituted Service 47-323 (1941) of Process 65-63 (1962) **Problem of Jury Instructions, The Due Process-Jurisdiction-Minimum 43-1 (1936) Contact not Satisfied 65-249 (1963) Procedure-Questions to Determine Due Process-Service of Process on Use of Peremptory Challenges Foreign Corporations 66-153 (1964) 64-360 (1962) *Extension of Legislative in Personam **Requirement of Consent of Three- Jurisdiction over Foreign Corpora- Fourths of Jury to Verdict in Civil tions 59-369 (1957) Actions, Abolishing Law of Unani- Federal Courts-Abstention Doctrine mous Consent 48-149 (1942) -Preserving Right to Federal De- **Selecting Jurors 48-47 (1941) termination of Constitutional Issue **Trial by the Court Without a Jury 66-261 (1964) 54-1 (1951) Federal Courts-Amount in Contro- **Waiver of Trial by Jury; A Further versy-Aggregation of Claims Comment 41-249 (1935) Against Co-defendant Insurance Companies 64-87 (1961) JURISDICTION Federal Courts-Comity-Enjoining See also Venue Prosecution of Compulsory Counter Administrative Law-Res Judicata- Claim in Another District Determination of the Jurisdictional 64-112 (1961) Fact 52-236 (1950) Federal Courts-Diversity of Citizen- Conflict of Laws-Appointment of a ship-Corporation's Principal Place Valid Agent for Service of Process of Business 63-389 (1961) 66-242 (1964) Federal Courts-Diversity Jurisdiction Conflicts of Laws-Divorce-Recog- by Assignment-Improper or Col- nition of Foreign Decree lusive 65-232 (1963) 41-155 (1935) Federal Courts-Diversity Jurisdiction Conflict of Laws-Erosion of Lex Corporate Citizenship at its Princi- Loci Delicti Theory 66-126 (1964) pal Place of Business 62-405 (1960) Conflict of Laws-Full Faith and Federal Courts-Diversity Jurisdiction Credit-Lack of Jurisdiction vs. of Foreign Corporation Mistake of Law 65-89 (1962) 66-137 (1964) Conflict of Laws-Full Faith and Federal Courts-Federal Jurisdiction Credit versus Res Judicata Cannot be Restricted by State Sta- 65-220 (1963) tutes 64-452 (1962) Conflict of Laws-Interstate Status of Federal Courts-Jurisdiction--Claim Divorce 62-263 (1960) Under FELA Need not Involve Minimum Jurisdictional Amount Conflict of Laws-Jurisdiction Over 64-113 (1961) Nonresident Defendants by Extra- territorial Service of Process Federal Courts-Jurisdiction of Tres- 63-269 (1961) pass and False Imprisonment Constitutional Law-Courts-Martial- 58-101 (1955) Jurisdiction over Ex-Servicemen Federal Courts-Jurisdictional Amount 58-293 (1956) -Legal Certainty 63-365 (1961) Constitutional Law-State Action Un- Federal Courts-Limitations on the der Hill-Burton Act 66-325 (1964) use of the Federal Declaratory Courts-Jurisdiction to Annul Local Judgment Act in Determining the Marriage of Nonresident. Validity of Fund Transfers under Criminal Law-Extradition for Non- the Labor Management Relations support 66-246 (1964) Act 63-368 (1961) Criminal Law-Habeas Corpus-Lack Federal Jurisdiction--Citizenship in a of Jurisdiction Resulting from Fail- Class or Entity Action ure to Comply with Habitual Crim- 66-340 (1964) inal Statute 60-94 (1957) **General, But Incomplete Resume of Criminal Law-Plea of Guilty--"Jur- Appellate Procedure in W. Va., A isdictional Facts" 62-268 (1960) 55-28 (1952) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 51 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

106 SUBJECT INDEX

Income Tax-Jurisdiction of Federal Constitutional Law-Justice of the District Court to Grant Refund of Peace Disqualified by Pecuniary In- Partial Tax Payment 63-190 (1961). terest-1961 Statute Held Invalid Labor Law-Application of Preemp- 63-340 (1962) tion Doctrine in Suits to Enforce Criminal Law-Procedure-Trial Collective Bargaining Agreements Without a Warrant Before a Justice 65-316 (1963) of the Peace Held Void **New Scope of Federal Habeas Corpus 60-97 (1957) for State Prisoners, The "eGeneral, But Incomplete Resume of 65-253 (1963) Appellate Procedure in W. Va., A 55-28 (1952) Pleading-Equity-Insufficiency of *Justice and His Fees, The Bill-A Jurisdictional Defect 41-268 (1935) 55-158 (1953) **Small Claims Courts Versus Justices Rules of Civil Procedure-Interposing of the Peace 58-241 (1956) Counterclaim-Effect on Venue and Splitting the Cause of Action Before Jurisdiction 63-287 (1961) a Justice-The Strange Case of Splitting the Cause of Action Before a Bane v. Wilson 42-218 (1936) Justice-The Strange Case of Bane v. Wilson 42-218 (1936) JUVENILE COURTS **Some Conflict of Laws-Problems Re- Criminal Law-Admissibility in Crim- inal Courts of Evidence Derived lating to Negotiable Instruments from Inadmissible Juvenile Confes- 66-91 (1964) sions 67-69 (1964) **Some Problems in Venue and Juris- Criminal Law-Confinement in the diction 49-112 (1943) Penitentiary Without Indictment- **Some Unpublicized History of W. Va. Escape from Illegal Custody and the Restored Government of 60-369 (1958) Virginia 66-9 (1963) Juvenile Courts-Constitutional Rights *State Versus Federal Jurisdiction and and Rules of Evidence Applicable Control over Admission and Dis- 57-225 (1955) cipline of Attorneys 64-70 (1961) *"Exclusive" Jurisdiction of the Juve- "*Twenty Years of W. Va. Marriage nile Courts 59-362 (1957) **Expanding Horizons of Legal Services, and Divorce Law 58-128 (1956) The 67-179, 267 (1965) Venue-Procedural Rather Than Juris- "*Psychology, Mental Illness, and the dictional-Venue Statutes Treated Law 60-55, 133 (1957) as Rules of the Court 59-100 (1956) KIDNAPPING "Workmen's Compensation, Conflict of Criminal Law-Kidnapping Laws and the Constitution 68-76 (1965) 55-131, 233 (1953) Criminal Law-W. Va. Kidnapping Statute-Single Offense JURISPRUDENCE 67-156 (1965) **Foundations of American Realism 60-37 (1957) LABOR LAW See also Arbitration & Award; Boy- How Far are We Attaining a new cotts & Strikes; Collective Bargain- Measure of Values in Twentieth- ing; Unions; Wages Century Juristic Thought Administrative Procedure; National 42-81 (1936) Labor Relations Board **Justice of our Cause, The 45-93 (1939) 49-39 (1943) Ambulatory Employer-Picketing **"The Law" in W. Va. 47-23 (1940) 56-64 (1954) **Our Changing Common Law *Anti-Picketing Injunctions in State 48-24 (1941) Courts as Affected by Free Speech 58-382 (1956) "*What is Law? 47-1 (1940) Application of Pre-Emption Doctrine in Suits to Enforce Collective Bar- JUSTICES OF THE PEACE gaining Agreements 65-316 (1963) Challenge for Unremitting Activity for Arbitration and Award-Validity of Reform of Lower Courts, A Award-Scope of Submission Agree- 50-105 (1947) ment 51-126 (1948) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 52 et al.: Subject Index

SUBJECT INDEX

Arbitration--Courts Determination Master and Servant-Recovery for Whether Grievance is Within Agree- Silicosis under Boiler Inspection Act ment to Arbitrate 63-374 (1961) and Federal Employer's Liability Collective Bargaining-Rent on Com- Act 52-67 (1949) pany Owned Houses 56-67 (1954) **National Labor Relations Board, The *Computation of "Overtime" Pay un- 56-79 (1954) der the Bay Ridge Case **Negotiation, Mediation and Especially 51-186 (1949) Arbitration in Labor Disputes Computation of Working Time under 51-201 (1949) Maximum Hours Laws-Mining In- Norris-LaGuardia Act-Power of Fed- dustry 48-178 (1942) eral Court to Enjoin Breach of no Constitutional Law-Freedom of Strike Clause 65-82 (1962) Speech-Ordinance Requiring Re- **Railway Labor Act and the National gistration of Union Organizers Held Labor Relations Act-A Compari- Violative 60-272 (1958) son, The 44-1 (1937) *Construction Workers in Interstate *Recent Supreme Court Decisions on Transportation 51-264 (1949) Arbitration: An Arbitrator's View "*Determination of the Appropriate 63-295 (1961) Unit for Collective Bargaining Redress Against Arbitrary Expulsion 54-17 (1951) 63-94 (1960) Employee Rights under Collective Bar- *"Revision of the Taft-Hartley Act gaining Agreement 65-236 (1963) 55-91 (1953) **Federal Control of State Employees Secondary Boycott-Inducement of in Australia, The 41-332 (1935) Neutral Employees and Threats Federal Courts-Limitations on the Against Neutral Employers Held Use of the Federal Declaratory Unlawful under 1959 L.M.R.D.A. Judgment Act in Determining the 63-378 (1961) Validity of Fund Transfers under Statute of Limitations Under Taft- the Labor Management Relations Hartley Act § 303 64-442 (1962) Act 63-368 (1961) **Taft-Hartley Act and the Balance of Federal Pre-Emption in the Field of Power in Labor Relations, The Labor Relations 61-67 (1958) 51-141 (1949) "*Government by Injunction? **Textile Labor Relations Board, The 52-217 (1950) 41-181 (1935) *Hot Cargo Clauses as a Defense to Trade Regulations-Monopolies-Sta- tus of Requirements Contracts Un- Union-Induced Secondary Boycotts der the Clayton Act 52-71 (1949) 61-118 (1959) *Trends in the Administration of the Injunctions of Strikes Affecting Na- Taft-Hartley Act 51-152 (1949) tional Health and Safety Unemployment Compensation Bene- 62-284 (1960) fits-Eligibility-Refusal to Accept Interrogation of Employee by Em- "New Work" 57-231 (1955) ployer as an Unfair Labor Practice Unemployment Compensation-Dis- 65-181 (1963) qualification of "Rank and File" Jurisdiction of NLRB-Dollar Yard- Union Members for Compensation sticks of NLRB and the "Affecting During Strike of Foreman's Union Commerce" Test 64-436 (1962) 51-137 (1948) "Labor and the Law 44-87 (1938) Unprotected Activities as Affecting Requirements of Union's Duty to Labor Law-Member's Right to Pres- Bargain 62-410 (1960) ence of Counsel in Union Hearing 68-207 (1966) LABOR-MANAGEMENT RELATION Labor Relations-Union-Employer **Government by Injunction? Contract Employee's Rights 52-217 (1950) 55-153 (1953) **Negotiation, Mediation and Especially Labor Relations-Walsh-Healey Pub- Arbitration in Labor Disputes lic Contracts Act 66-154 (1964) 51-201 (1949) **Legal, Economic and Policy Aspects **Taft-Hartley Act and the Balance of of Wage Stabilization 53-289 (1951) Power in Labor Relations, The 51-141 (1949) Mandatory Requirements of Bargain- **Trends in the Administration of the ing 64-439 (1962) Taft-Hartley Act 51-152 (1949) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 53 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

108 SUBJECT INDEX

LACHES *Uniform Commercial Code-Secured *Defense of Laches and a Correlative, Transactions and the W. Va. Land- The 59-266 (1957) lord's Lien, The 65-40 (1962) Negotiable Instruments-Usury-La- "Valuation of Leasehold Estates in ches 44-78 (1937) Eminent Domain 67-101 (1965) *Passage of Time as Laches LARCENY 61-126 (1959) *Larceny in W. Va. 46-246 (1940) LAND TITLE *Statutory Larceny in W. Va. See also Title to Land 46-326 (1940) *"Process in Forfeited and Delinquent LAST CLEAR CHANCE Lands Suits-A Moot Question? 54-47 (1951) **Last Clear Chance-Some Further Observations 49-51 (1943) Res Judicata-Collateral Attack on Decree for Sale of Land for School Negligence-Last Clear Change-Ap- Fund 60-389 (1958) plication of Doctrine Where Plain- **Service of Process in a Delinquent tiff Inattentive and Defendant sees Plaintiff and had Opportunity to Lands Proceeding-A Suit that is Realize Danger 50-185 (1947) not a Suit 54-55 (1951) Torts-Doctrine of Last Clear Chance *Transfer of Title to Timber in W. Va., 63-390 (1961) The 52-228 (1950) "oWest Virginia Law of Forfeited and LAW REFORM Delinquent Lands, The **Fitting of the Handcuffs or a Coun- 50-158 (1947) try Lawyer Looks at Law Reform, The 54-130 (1951) LANDLORD & TENANT **Is Law Disappearing? 51-1 (1948) See also Fixtures; Leases Condemnation-Termination of Lease **Lawyers and the Legislative Process 60-384 (1958) 54-287 (1952) Conditions and Limitations 54-169 (1952) LAW SCHOOLS Covenant to Rebuild-When Right of **How to Find and Use Federal Legis- Action Accrues Thereon lative Materials 51-169 (1949) 47-63 (1940) **Is Law Disappearing? 51-1 (1948) Covenant Running with the Land- **Predictability of Success in Law Rule in Dumpor's Case School 46-105 (1940) 47-230 (1941) **Law Schools and Practical Training Duty to Repair-Gratuitous Promise by Landlord 48-76 (1941) 55-83 (1953) *Fraudulent Drainage 45-365 (1936) **Lawyers: What of the Law-and Law Holding Over-Implied Tenancy Schools? 52-1 (1949) 43-339 (1937) Licenses-Landlord and Tenant-Ef- LAWYERS fect of Oral License without Con- See also Attorneys sideration 46-263 (1940) Attorney and Client-Attorney not Municipal Corporations-Duty to Re- Disqualified to Notarize Client's move Snow and Ice from Sidewalks Affidavit 52-238 (1950) -Liability of Abutting Owners and **Challenge in Legal Education, A Occupants 59-90 (1956) 43-253 (1937) Oil and Gas-Liability of Lessee for Contingent Fee Contract Between At- Negligent Operation of Well-Acid- torney and Client-Legal Effect of ation Method 47-65 (1940) Provision Prohibiting Client from Perpetuities-Leasehold Estates Compromising without Attorney's 62-209 (1960) Consent 46-89 (1939) *Recordation of Leases 61-129 (1959) **Expanding Horizons of Legal Services, Termination of a Year to Year Ten- The 67-179, 267 (1965) nacy 47-158 (1941) **Lawyer-An Appraisement, The Torts-Statute and Ordinance Obliga- 46-5 (1939) tions as Evidence of Landlord's **Lawyers: What of the Law-and Law Duty to 67-92 (1964) Schools? 52-1 (1949) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 54 et al.: Subject Index

SUBJECT INDEX 109

LEASES Oil and Gas-Mineral Royalty Deed Bankruptcy-Oil and Gas-Discretion -Implied Condition that Tempo- in Federal Court to Permit Determi- rary Cessation of Production after nation of Boundaries of Bankrupt's Fixed Term Does not Terminate Leasehold by State Court Right to Royalties 62-289 (1960) 42-161 (1936) Oil and Gas Lease-Nature of Lessee s **Covenants in Leases in W. Va. Interest-Enforcement of Lien of 57-1 (1955) Execution 42-75 (1935) **Drilling Clause in Oil and Gas Leases *On Leasing Gas from Coal Seams in W. Va. 52-95 (1950) 47-211 (1941) *Equitable Apportionment of Oil and Options in Leases-Rule Against Per- Gas Royalties 46-66 (1939) petuities 60-212 (1958) **Forfeiture of Lease for Failure to *Progress in the Law of Oil and Gas Market Gas 46-271 (1940) 49-156 (1943) *Fraudulent Drainage 45-365 (1935) Real Property-Oil and Gas Leases- Income Tax-Payment by Sublessee Rights of Lessor Against Sublessee for Cancellation of Lessee's Interest 61-72 (1958) 63-277 (1961) *Recordation of Leases 61-129 (1959) *Implied Duty of Lessee Under an Oil Trusts-Lease of Trust Property Be- and Gas Lease to Drill "Protection yond Term Approved 59-209 (1957) Wells" 43-147 (1937) **Valuation of Leasehold Estates in Indemnity-Construction of Indemnity Eminent Domain 67-101 (1965) Covenant 43-235 (1937) Landlord and Tenant-Assignment or LEGAL AID Sublease 59-86 (1956) Attorney and Client-Union Programs Landlord and Tenant-Condemnation to Obtain Legal Counsel -Termination of Lease 67-66 (1964) 60-384 (1958) **Expanding Horizons of Legal Services, The 67-179, 267 (1965) Landlord and Tenant-Conditions and **Lawyers: What of the Law-and Law Limitations 54-169 (1952) Schools? 52-1 (1949) Landlord and Tenant-Covenant Run- ning with the Land-Rule in Dum- LEGAL EDUCATION por's Case 47-230 (1941) **Is Law Disappearing? 51-1 (1948) Law Landlord and Tenant-Duty to Re- **Lawyers: What of the Law-and pair-Gratuitous Promise by Land- Schools? 52-1 (1949) lord 48-76 (1941) **Legal Education and Lawyer-Made Law 54-177 (1952) Landlord and Tenant-Holding Over **Problem Methods of Legal Educa- Tenancy 43-339 (1937) -Implied tions, The 58-144 (1956) Landlord and Tenant-Perpetuities- *Challenge in Legal Education, A Leasehold Estates 62-209 (1960) 43-253 (1937) Mines and Minerals-Effect of Reser- **Predictability of Success in Law vation of Royalties from Leasehold School 46-105 (1940) as to Inclusion of Same on Renewal 42-73 (1935) LEGAL ETHICS Mines and Minerals-Leases-Cov- Attorneys-Disbarment While Serving nant to Pay Minimum Annual as Judge 63-193 (1961) Royalty for Term 50-183 (1947) Attorney and Client-Disciplinary Ac- *Mineral Interests and the Executive tion for Negligence and Inattention Right in W. Va. 66-221 (1964) by an Attorney 68-429 (1966) not Oil and Gas-Construction of "For- Attorney and Client-Attorney feiture Clause" in Unless Lease- Disqualified to Notarize Client's Af- Necessity of Notice for Termina- fidavit 52-238 (1950) tion of Lease 42-163 (1936) Attorney and Client-Handling of *Oil and Gas Law in the Federal Court Client's Money or Other Trust Property-Commingling or use by -Hutchinson v. McCue Attorney Cause for Suspension 46-154 (1940) 62-260 (1960) Oil and Gas-Liability of Lessee for Attorney and Client-Union Programs Negligent Operation of Well-Ac- to Obtain Legal Counsel idation Method 47-65 (1940) 67-66 (1964) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 55 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

110 SUBJECT INDEX

**Broadcasting in the Courtroom *Lawyer-An Appraisement, The 60-312 (1958) 46-5 (1939) Constitutional Law-Due Process- "Lawyers: What of the Law-and Law Prosecutions Withholdinag Evidence Schools? 52-1 (1949) Favorable to Defendant Held Vio- **Practice of Law, The 57-53 (1955) lative 60-189 (1958) **Predictability of the Law; Its Rela- Constitutional Law-Right to Coun- tion to Respect for Law sel-Conflicting Interests of Coun- 66-1 (1963) sel as Ground for Reversal Relation of Trial Counsel to the 60-366 (1958) Public, The 61-260 (1959) Constitutional Law-Right to Decline *State Versus Federal Jurisdiction and to Give Incriminating Testimony- Control over Admission and Discip- Disciplinary Actions Against Law- line of Attorneys 64-70 (1961) yers 61-146 (1959) Attorney and Client-Effective Repre- Criminal Law-Trial Procedure-Im- sentation-Federal Procedure proper Remarks of Prosecutor as 58-291 (1956) Grounds for Reversal 60-375 (1958) *Ethical Problem in the Representation LEGAL RESEARCH of Union Members by Union At- **How to Find and Use Federal Legis- torneys, The 63-348 (1961) lative Materials 51-169 (1949) **Expanding Horizons of Legal Services, *"Lawyers: What of the Law-and Law The 67-179, 267 (1965) Schools? 52-1 (1949) Fee Splitting 66-141 (1964) **Practical Way to Prepare a Case for **Lawyers' Obligations to the Courts an Appellate Court, The 61-22 (1958) 59-56 (1956) *State Versus Federal Jurisdiction and Control over Admission and Dis- LEGISLATION cipline of Attorneys 64-70 (1961) See also Statutes Admission of Extrinsic Evidence to LEGAL HISTORY Show Irregularities in Passage of **Foundations of American Realism Bill 66-49 (1963) 60-37 (1957) Applicability to States of Federal **Henry Brannon and Marmaduke Legislation Speaking in General Dent: The Shapers of W. Va. Law, Terms 50-174 (1947) 65-19, 99 (1962) *Computation of "Overtime" Pay un- **Predictability of the Law; Its Rela- der the Bay Ridge Case tion to Respect for Law 51-186 (1949) 66-1 (1963) Constitutional Law-Commerce Clause **Some Unpublicized History of W. Va. -Supersedure of State Regulation and the Restored Government of by the Federal Motor Carrier Act Virginia 66-9 (1963) 55-146 (1953) **W. Va. Administrative Procedure Act, Constitutional Law-Delegation of The 66-159 (1964) Legislative Power-Time Fixing Statute 61-47 (1958) LEGAL PROFESSION Constitutional Law-Legislative Inves- Attroney and Client-Sufficiency of tigations-Pertinence and Scope of Evidence to Justify Annulment of Inquiry 60-83 (1957) Attorney's License 59-287 (1957) Constitutional Law-Legislator's Privi- **Bar and the New Deal, The lege From Arrest 41-159 (1935) 41-103 (1935) *Construction Workers in Interstate *Corporate Benefits for Attorneys: Re- Transportation 51-264 (1949) strictions and Possibilities 64-310 (1962) Fair Labor Standards Act-Contingent *Ethical Problem in the Representation Fee Agreement-Allowance of Rea- of Union Members by Union At- sonable Attorney's Fee under FLSA torneys, The 63-348 (1961) Conditioned upon Attorney's Sur- **Expanding Horizons of Legal Serv- render of Contingent Fee Agree- ment 51-275 (1949) ices, The 67-179, 267 (1965) **Law Day Address 68-158 (1966) Fair Labor Standards Act-Regular Rate of Pay-Existence Thereof **Lawyers' Obligations to the Courts Where Sole Wages Consist of Tips 61-22 (1958) 51-277 (1949) **Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 56 et al.: Subject Index

SUBJECT INDEX ill

*'Government by Injunction? Duty to Defend-Alleged Facts not 52-217 (1950) within Policy Coverage "How to Find and Use Federal Legis- 65-175 (1963) lative Materials 51-169 (1949) Excepted Risks-Effect of Absence of **Lawyers and the Legislative Process Causative Connection 54-287 (1952) 41-164 (1935) **Revision of the Taft-Hartley Act Insured's Breach of Cooperation 55-91 (1952) Clause 66-342 (1964) Separability Clauses in Statutes- Insurer's Responsibility to Defend Cumulative Unconstitutional Items 66-349 (1964) in Appropriations Acts Municipal Corporations-Insurance 56-70 (1954) and Immunity 65-239 (1963) *Service of Process on Nonresident Negligence--Governmental Immunity Motorists 43-316 (1937) from Tort Liabiity-Estoppel-Ef- **W. Va. Negligence Cases and Legis- fect of Liability Insurance lative Standards of Conduct 66-350 (1964) 61-1 (1958) **Substance and Procedure in Rule **Thrust of Tort Law, The Making 51-34 (1948) 64-1, 115, 241 (1961-62) "Taft-Hartley Act and the Balance of LIBEL & SLANDER Power in Labor Relations, The 51-141 (1949) Innocent Construction Rule, The **Trends in the Administration of the 68-203 (1966) Taft-Hartley Act 51-152 (1949) Libel Per Se-Fair Comment-Attribut- **Workmen's Compensation, Conflict of ing Anti-Semitism to Congressman Law and the Constitution 48-181 (1942) 55-131, 233 (1953) LICENSES LIABILITY Attorney and Client-Sufficiency of **Liability for the Torts of Independent Evidence to Justify Annulment of Contractor in W. Va. Attorney's License 59-287 (1957) 55-216 (1953) Constitutional Law-Substantive Due Negligence-Liability of Charitable Process and Equal Protection-Na- Hospital Insurance 55-155 (1953) turopaths Required to be Medical Parent and Child-Right of Child to Doctors 59-201 (1957) Recover in Tort Against Parent "*Impact of Judicial Review on the 55-75 (1952) Federal Communications Commis- Torts-Private Hospitals-Liability for sion, The 63-25 (1960) Refusal to Provide Emergency Treat- **Judicial Review of Administrative Ac- ment 64-234 (1962) tion in W. Va.-A Study in Separa- *Implied Warranty and the Sale of tion of Powers 44-270 (1938) Restaurant Food 63-326 (1961) Landlord and Tenant-Effect of Oral License without Consideration LIABILITY INSURANCE 46-263 (1940) See also Insurance Municipal Corporations-Power to Breach of Co-Operation Clause-Fail- License Plumbers Denied ure of Insured To Testify 64-444 (1962) 61-151 (1959) Municipal Corporations-Taxation- Contracts for the Benefit of Third Validity of License and Use Taxes Persons-Liability of Insurer on on Public Utility 61-226 (1959) Malpractice Policy to Third Person Torts-Property Owner's Liability for 44-149 (1938) Injuries to Public Employees Damages-Liability Insurance and Pu- 66-258 (1964) nitive Damages 65-158 (1963) *Determination of Liability in Auto- LIE DETECTOR mobile Insurance Policies Contain- Evidence-Lie Detector Testimony ing Excess Insurance Clauses, The Admissible on Stipulation 63-48 (1960) 65-76 (1962) *Discovery of Liability Insurance Un- Extrajudicial Investigation and the der New Rules 64-419 (1962) Court 48-37 (1941) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 57 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

112 SUBJECT INDEX

LIENS False Statements in Application for See also Tax Liens Life Policy as Defense to Liability Chattel Mortgages-Recordation-Ef- -Duty of Company's Agent to Re- fect of Failure to Index cord Correctly Applicant's Answers 41-156 (1935) 42-246 (1936) Constitutional Law-Impairing Obli- Incontestability Clause-Exceptions as gation of Contracts-Statute of to Double Indemnity and Disability Limitations of Enforcement of Lien Benefits 46-93 (1939) of Trust Deed 42-342 (1936) Liability Insurance-Excepted Risks- Deeds of Trust-Obligation Due Prior Effect of Absence of Causative to 1921--Sale not Barred by Statute Connection 41-164 (1935) of Limitations 58-417 (1956) *Recovery of Insurance When Bene- Divorce-Future Installments of Ali- ficiary Causes Death of Insured mony or Maintenance Automatic 57-85 (1955) Lien 57-221 (1955) Statutes-Admissability of Evidence of Judgment Lien-Doctrine of Relation Conviction of Non-Felonious Kill- Back-Notice of Suit as Notice of ing of Insured by Beneficiary. Lien 60-102 (1957) Marshaling Claims-The Effect of LIMITATION, STATUTE OF State Exemption Laws on Collection **Law of Medical Malpractice in W. of Government Liens Va., The 41-35 (1934) 66-249 (1964) Limitations of Action-Public Offi- Mortgages-The Doctrine of Future cer's Bond 53-183 (1951) Advances 68-419 (1966) Limitation of Actions--Statute of **Mortgage for Future Advances in Limitations Applied to Quasi-Con- W. Va., The 56-107 (1954) tractual Rights Arising Upon Anti- Oil and Gas Lease-Nature of Lessee's cipatory Breach of an Existing Con- Interest-Enforcement of Lien of tract 44-154 (1938) Execution 42-75 (1935) Workmen's Compensation-Filing Ap- **Release of an Assigned Lien plication within Statuory Period 46-98 (1939) 44-175 (1938) Security Transactions-Uniform Trust MAINTENANCE Receipts Act 66-345 (1964) See Alimony & Maintenance, Divorce Taxation-Liens--Priorities 57-229 (1955) MALPRACTICE Attorney and Client-Disciplinary Ac- LIFE ESTATES tion for Negligence and Inattention West Virginia Law of Forfeited and by an Attorney 68-429 (1966) Delinquent Lands, The **Juridical Trauma and Medical Shock 50-158 (1947) 59-1, 12 (1956) **Joint Estates in Real Property in **Law of Medical Malpractice in W. W. Va. 61-101 (1959) Va., The 41-35 (1934) Medical Practice-The Line Between Estate and Gift Tax-Gratuitous Con- Malpractice and Negligence veyance in Fee Simple-Oral Re- 68-86 (1965) tention of Enjoyment by Grantor *Theory of a Medical Malpractice Ac- for Life 62-87 (1959) tion-Time Limitations and Dam- LIFE INSURANCE ages 64-412 (1962) Torts-Malpractice-Wrongful Death See also Insurance Action Based on Breach of Contract Bankruptcy-Life Insurance-Trustee 64-447 (1962) not Entitled to Cash Surrender Torts-Statute of Limitations on Mal- Value of Policy 63-162 (1961) practice 68-220 (1966) Cash Surrender Value-Mutual Mis- Torts-Statutes of Limitation-Mal- take 48-176 (1942) practice Actions Involving Objects Effect of Legal Execution of Insured Left in Surgical Patients for Crime 41-424 (1935) 64-103 (1961) Effect of Presumption of Death after Torts-Malpractice-Statute of Limi- Unexplained Absence upon Life In- tations under Federal Tort Claims surance Policies 61-298 (1959) Act 65-194 (1963) **Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 58 et al.: Subject Index

SUBJECT INDEX 113

MANDAMUS Trust-Limitations on Distributions Constitutional Law-Public Health- from Incompetent's Estate Mandamus 58-427 (1956) 67-320 (1965) *Mandamus to Review Administrative Action in W. Va. 60-1 (1957) MILITARY LAW Remedies-Mandamus-Procedure Constitutional Law-Court-Martial- Used to Omit Former Deputy's Jurisdiction Over Civilian Depen- Name on Ballot for Sheriff dents and Employees 62-380 (1960) 63-285 (1961) Constitutional Law-Courts-Martial- Jurisdiction over Ex-Servicemen MASTER & SERVANT 58-293 (1956) See also Agency, Employer-Employee Constitutional Law-Freedom of Con- Agency-Liability of Employer for scious-Compulsory Military Train- Acts of Independent Contractor ing In Land Grant Colleges 56-54 (1954) "Brief Survey of the W. Va. Law of 41-281 (1935) Compensibility, A 62-303 (1960) Construtional Law-Military Courts Fraud in the Inducement of an Em- Marital-Trial of Civilians ployment Contract-Effect Under 60-86 (1957) Federal Employers' Liability Act Federal Tort Claims Act-Armed 64-348 (1962) Forces-Injury Incident to Military **Liability for the Torts of Independent Service 52-239 (1950) Contractors in W. Va. Military Law, Jurisdiction of Military 55-216 (1953) Tribunal-Construction of Term Liability of Master for Servants Negli- "In Time of Peace" 61-342 (1959) gence in Driving Master's Car to Servant's Home 44-73 (1937) MINES & MINERALS Loan of Servant to Third Person- See also Coal; Oil & Gas Liability for Negligent Injuries to Adverse Possession-Acquisition of Strangers by the Servant Title to Minerals Subsequent to 44-75 (1937) Severance Recovery for Silicosis Under Boiler 53-72 (1950) Inspection Act and Federal Em- Adverse Possession-Effect of Sever- ployer's Liability Act 52-67 (1949) ance of Minerals After Adverse **Public Utilities-Respondent Superior Possession Commences Plus NonDelegable Duty to Protect 54-76 (1951) Patrons 49-59 (1943) "Adverse Possession of Severable Min- erals 68-274 (1966) MEDICAL JURISPRUDENCE Beach of Covenant-Measure of Dam- "Administering that Ounce of Preven- ages 65-320 (1963) tion: New Drugs and Nuclear Re- **Coal Mining Rights and Privileges in actors 68-109, 233 (1966) W. Va. 52-32 (1949) "Juridical Trauma and Medical Shock Coal Mining Rights-Waiver of Sub- 59-1 (1956) jacent Support 53-186 (1951) Medical Practice-The Line Between **Conservation of Mineral Resources- Malpractice and Negligence A Brief Survey 47-247 (1941) 68-86 (1965) *Depletion Deduction as Applied to Psychology, Mental Illness and the Strip Mining, The 59-182 (1957) Law-A Postscript on Epilepsy **Drilling Clause in Oil and Gas Leases 61-202 (1959) in W. Va., The 52-95 (1950) Effect of Reservation of Royalties MENTAL INCAPACITY from Leasehold as to Inclusion of - Criminal Law-Premeditated Murder Same on Renewal 42-73 (1935) -Defense of Mental Incapacity *Equitable Apportionment of Oil and 60-116 (1957) Gas Royalties 46-66 (1939) Negligence-Liability of Automobile *Implied Duty of Lessee under an Oil Driver Injuring Others after Sudden and Gas Lease to Drill "Protection Physical Or Mental Incapacitation Wells" 43-147 (1937) 58-429 (1956) *Implied Right to Strip Mine Coal 58-174 (1956) **Psychology, Mental Illness, and the Income Taxation-Basis for Depletion Law 60-55, 133 (1957) Allowance 66-41 (1963) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 59 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

114 SUBJECT INDEX

*Injury to Surface and Coal of a Con- **Underground Storage of Natural Gas tiguous Tract Due to the Projection in the Appalachian Area of Force Resulting from Mining 68-136 (1966) 41-140 (1935) **Use of the Containing Space after Labor Law-Computation of Working the Removal of Subsurface Minerals Time Under Maximum Hours Law 55-202 (1953) Workmen's Compensation-Mines and -Mining Industry 48-178 (1942) Mining-Company Rules-Neces- Landlord and Tenant-Conditions and sity for Proper Approval Limitations 54-169 (1952) 48-83 (1941) Leases-Covenant to Pay Minimum Workmen's Compensation-Risks Cov- Annual Royalty for Term ered-Shock and Exhaustion from 50-183 (1947) Being Lost in Coal Mine Merger of Coal Lease in Reversion 41-295 (1935) to Minerals-Houses as Trade Fix- tures under Coal Lease MISTAKE 46-264 (1940) Insurance--Cash Surrender Value- *Minable and Merchantable Coal Mutual Mistake 48-176 (1942) Insurance-Release--Recission for 49-173 (1943) Mutual Mistake-Existing but Un- *Mineral Interests and the Executive known Injury as Grounds Therefor Right in W. Va. 66-221 (1964) 65-177 (1963) Mines and Minerals-Mining by Mort- Mistake of Law-Recovery of Money gagor in Possession-Rents and Paid under such Mistake Profits under mineral Lease 57-106 (1955) 43-341 (1937) Quasi Contracts-Recovery for Mis- *Mining Partnerships in W. Va. take of Law-Settlement of Dis- 41-144 (1935) puted Claim 42-256 (1936) Release of Claim for Personal Injury Mining Rights Determined by Con- -- Right in Action at Law to Avoid struction of Deed-Common Min- ing Practice at Time and Place of Release Based on Mutual Mistake Execution of the Deed 44-230 (1938) 62-192 (1960) MONOPOLIES Natural Gas not Included in Con- Determination of - veyance of "Minerals" 62-84 (1959) Promotion of Championship Boxing Contests Constitutes a Relevant Natural Gas-Title not Lost by Stor- Market 61-343 (1959) age Underground 63-383 (1961) Trade Regulation-Monopolies-Sta- Oil and Gas-Damages for Wrongful tus of Requirements Contracts un- Geophysical Exploration der the Clayton Act 52-71 (1949) 41-89 (1934) Oil and Gas-Habendum Clause-Ex- MORTGAGES ercise of Due Diligence Extends the See also Deeds of Trust; Liens Lease Beyond the Primary Term Bankruptcy--"Strong Arm Clause" Although the Production was not Weakened 65-48 (1962) Marketed Owing to the Lack of Pipe Line Facilities 58-309 (1956) Chattel Mortgages-Recordation-Ef- Oil and Gas-Mineral Royalty Deed fect of Failure to Index -Implied Condition that Tempo- 41-156 (1935) rary Cessation of Production after Doctrine of Future Advances, The Fixed Term does not Terminate 68-419 (1966) Right to Royalties 62-289 (1960) **Enforceability of Agreements Between Oil and Gas Lease-Nature of Lessee's Mortgagors of the Home Owners' Interest-Enforcement of Lien of Loan Corporation and Third Par- Execution 42-75 (1935) ties 45-332 (1939) Ownership of Containing Space Insurance-Formation of the Contract 55-72 (1952) -- Subrogation 51-134 (1948) **Some Problems of the Bituminous **"Known Generally as Corporate Se- Coal Industry 45-109 (1939) *Surface Transmission of Electricity curities" 50-17 (1946) under Implied Mining Rights *Mortgage for Future Advances in W. 66-26 (1963) Va., The 56-107 (1954) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 60 et al.: Subject Index

SUBJECT INDEX

Negotiable Instruments-Defenses Statutes-Interpretation-Term "Stol- Available Against Holder in Due en" as used in the National Motor Course 66-53 (1963) Vehicle Theft Act 59-394 (1957) Property-Federal Tax Lien-Divesti- ture by State Forclosure Proceed- Torts-Liability for Defective Motor ings 63-97 (1960) Vehicular Brakes 68-107 (1965) Sales-Notice Filing under Uniform Commercial Code 66-61 (1963) MUNICIPAL CORPORATIONS Absolute Liability for Disrepair of MOTIONS Streets 67-77 (1964) **Correction of Error on Motion 55-1 (1952-53) Constitutional Law-Municipal Cor- "Decade of Pleading, Practice and porations-Constitutionality of Act Procedure, A 53-1 (1950) Extending Bankruptcy Act to Cover **Judgment Non Obstante Veredicto Political Subdivisions of States 51-14 (1948) 43-159 (1937) "*Objections and Exceptions Constitutional Law-Municipal Cor- 52-12 (1949) porations-Fluoridation of Water Procedure-Imputability of Attorney's Supplies 57-205 (1955) Negligence to Client Under W. Va. Rules of Civil Procedure Constitutional Law-Separation of 67-173 (1965) Powers-Issuance of Municipal Process-Defects-Objections and Charter by Circuit Court Waiver 56-132 (1954) 51-128 (1948) Dedication-Right of Municipality to MOTOR VEHICLE Deviate from Intended use See also Automobile 54-167 (1952) Automobile Registration-Owner of Duty to Protect Police Informer-No Automobile Leased for Compensa- Liability for Injury to Informer tion Without a Driver Entitled to 58-305 (1956) Class "A" Registration and License Duty to Remove Snow and Ice from Plates 57-96 (1955) Sidewalks-Liability of Abutting Automobiles-Family Purpose Doc- Owners and Occupants trine-Liability of Owner for Negli- 59-90 (1956) gent Operation by Guest of Son Evidence-Judicial Notice of Munici- 47-334 (1941) pal Ordinance 61-236 (1959) *Automobiles-Negligence-Parking Wrecking Truck on Highway Con- Extra-Territorial Powers-Authority trary to Statute 48-57 (1941) to Build Sewage Disposal Plant Out- Constructive Service of Process on side the State 43-78 (1936) Non-residents-Employers of Resi- **Financial Responsibilities of W. Va. dent Vehicle Owner as Agent Municipalities 52-208 (1950) 48-183 (1942) Insurance and Immunity Duty to Protect Police Informers- 65-239 (1963) No Liability for Injury to Informer **Judicial Review of Administrative Ac- 58-305 (1956) tion in W. Va.-A Study in Sepa- Master and Servant-Liability of Mas- ration of Powers 44-270 (1938) ter for Servant's Negligence in Driv- ing Master's Car to Servant's Home Liability for Maintenance of Streets 44-73 (1937) and Sidewalks-Meaning of Statute Negligence-Car Owner's Liability for a Jury Question 53-89 (1950) Negligence of Thief after Leaving Liability for Torts 54-322 (1952) Ignition Keys in Car 60-387 (1958) Liability for Tort-Swimming Pool Negligence-Liability of Automobile 44-159 (1938) Driver Injuring Others after Sud- *Modern Tendency Toward the Protec- den Physical or Mental Incapacita- tion of the Aesthetic, The tion 58-429 (1956) 44-58 (1937) Public Utilities-Supplemental Motor Truck Operations of Railroads- Municipal Charters-Constitutional Certificate of Convenience and Law 53-91 (1950) Necessity as Matter of Right "Municipal Zoning and Land Use Reg- 57-117 (1955) ulation 53-301 (1951) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 61 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

116 SUBJECT INDEX

Municipality's Obligation to Pay Back *Statutory Regulation of Strip Mining Salary to De Jure Officer after 47-52 (1940) Payment to De Facto Officer **Water for Mushrooming Populations 63-282 (1961) 62-1 (1959) Police Protection-Municipality Liable for Negligence in Failure to Ade- NAVIGABLE STREAMS quately Protect Informer *Law of Navigable Streams in W. Va., 61-344 (1959) The 59-73 (1956) Power to License Plumbers Denied Constitutional Law-Navigable Waters 64-444 (1962) -Extension of the Federal Pero- *Problem of Financing Municipal Capi- gative 63-59 (1960) tal Outlays in W. Va., The NEGLIGENCE 41-276 (1935) See also Contributory Negligence; Quasi Contracts-Right of Contractor Damages; Last Clear Chance; In- to Recover Rent from County for juries; Proximate Cause; Wrongful use of Property Obtained under a Death Contract Void because not in Com- Absolute Liability-Blasting-Dam- pliance with Constitutional Re- ages by Concussion and Vibrations quirements 44-160 (1938) 54-70 (1951) Regulation of Streets 61-237 (1959) Agency-Family Purpose Doctrine- Repayment of Advances from Pro- Liability of Wife for Husband's ceeds of Revenue Bonds not Within Negligent Operation of Automobile. Debt Limitations 60-105 (1957) **Attorney Negligence. .. .A Suit **Reservation of Highway and Street Within a Suit 60-225 (1958) Rights-of-Way by Official Maps Automobiles-Negligence-Parking 66-73 (1964) Wrecking Truck on Highway Con- **Some Elementary Principles of Con- trary to Statute 48-57 (1941) stitutional Law 53-117 (1951) Car Owner's Liability for Negligence *Some Municipal Annexation Problems of Thief after Leaving Ignition Keys in W. Va. 68-394 (1966) in Car 60-387 (1958) Taxation-Special Assessments for Conflict of Laws-Action Against Local Improvements-Personal Spouse for Tort in Another State Property Locally Situated not Sub- 41-429 (1935) ject to Assessment 50-100 (1946) Conflict of Laws-Erosion of Lex Taxation-Validity of License and use Loci Delicti Theory 66-126 (1964) Taxes on Public Utility Contracts-Holder's Liability for Un- 61-226 (1959) authorized Purchases on Credit Violation of Municipal Ordinance- Card 67-145 (1965) Liability of Abutting Owners and Contributory Negligence-Instructions Occupants of Streets and Sidewalks 59-278 (1957) 63-385 (1961) *Contributory Negligence of Young **W. Va. Municipal Home Rule Pro- Children 44-55 (1937) posal, The 42-42 (1935) Distinction Between Proximate Cause and Condition 58-107 (1955) MURDER Evidence-Res Ipsa Loquitur-Does See Criminal Law the Doctrine Raise a True Presump- tion of Law or only a Permissible NARCOTICS Inference of Fact? 50-181 (1947) Criminal Law-Due Process and the Governmental Immunity from Tort Statute of Limitations Liability-Estoppel-Effects of Li- 68-195 (1966) ability Insurance 66-350 (1964) Criminal Law-Entrapment Husband and Wife-Action for Neg- 65-223 (1963) ligence Allowed Against Spouse Criminal Law Non Disclosure of In- 60-294 (1958) formant 68-218 (1966) Infants-En Ventre Sa Mere-As Tort Plaintiffs 54-82 (1951) NATURAL RESOURCES *Is the Food Manufacturer an Insurer **Conservation of Mineral Resources- of the Wholesomeness of his Prod- A Brief Survey 47-247 (1941) uct? 46-82 (1939) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 62 et al.: Subject Index

SUBJECT INDEX 117

Last Clear Chance-Application of Torts-Negligence Per Se Doctrine Where Plaintiff Inattentive 44-81 (1937) and Defendant sees Plaintiff and Torts-A New Test for Proximate had Opportunity to Realize Danger Cause? 65-85 (1962) 50-185 (1947) Torts-Parent and Child-Parent Li- **Last Clear Chance-Some Further able for Tort of Child Where Par- Observations 49-51 (1942) ent Negligent in Failing to Restrain **Law of Medical Malpractice in W. Child 64-354 (1962) Va., The 41-35 (1934) Torts-Rights of Children to Recover Liability of a Charitable Hospital- for a Negligent Injury to Their Insurance 55-155 (1953) Parents 64-453 (1962) **Liability for the Torts of Independent Torts-Statute and Ordinance Obli- Contractor in W. Va. gations as Evidence of Landlord's 55-216 (1953) Duty to Trespasser 67-92 (1964) Medical Practice-The Line Between Torts-Unavoidable Accident Malpractice and Negligence 68-349 (1966) 68-86 (1965) **W. Va. Negligence Cases and Legis- Municipal Corporations Liability for lative Standards of Conduct Maintenance of Streets and Side- 61-1 (1958) walks-Meaning of Statute of a Compensation, Conflict of Jury Question 53-89 (1950) **Workmen's Negligence-Liability of Automobile Law and the Constitution Driver Injuring Others after Sud- 55-131, 233 (1952) den Physical or Mental Incapacita- tion 58-429 (1956) NEGOTIABLE INSTRUMENTS *Parental Liability Statute See also Bill & Notes; Checks 60-182 (1958) **Bank Liability for Arrest of De- Procedure-Imputability of Attorney's positor upon Wrongful Dishonor of Negligence to Client under W. Va. Check 63-309 (1961) Rules of Civil Procedure Banks and Banking-Negotiable In- 67-173 (1965) struments-Delivery of Incomplete Proximate Cause-Forseeability of Instrument 44-62 (1937) Specific Injury 60-108 (1957) Bills and Notes-Conditional Delivery Railroads-Duty Owing- 61-165 (1959) and Licensee-Effect of Exceeding Bills and Notes-Discharge-Reac- License 49-95 (1942) quisition Before Maturity by Ac- Res Ipsa Loquitur-Exclusiveness of commodation Maker 48-280 (1942) Defendant's Control over Residual Bills and Notes-Negotiable Paper un- Circumstances after all Elements of der Seal-Necessity of Considera- Shared Control Eliminated tion 41-280 (1935) 51-69 (1948) **Comparison of the Drawee's Rights Res Ipsa Loquitur-Possible Relaxa- on Altered Instruments under the tion of the Requirement of Exclu- Common Law, NIL and UCC, A sive Control in Bottled-Beverage 66-293 (1964) Cases 60-110 (1957) Defenses Available Against Holder in Res Ipsa Loquitur-Use Denied Gra- Due Course 66-53 (1963) tuitous Guest Passenger in Action Importance of Property Presenting Against Driver of Motor Vehicle Checks for Payment, The 59-284 (1957) 61-191 (1959) Torts-Absence of Privity on Implied **Necessity for Signature on a Check Warranty of Fitness 68-95 (1965) to be in Same Form as Signature Torts-Care Required of Driver At- on Specimen Signature Card tempting to Pass Another Vehicle 68-293 (1966) 63-390 (1961) **Negotiable Instrument Law under the Torts-Concurrent Causes 62-202. Uniform Commercial Code Torts--Doctrine of Last Clear Chance 64-457 (1962) 63-390 (1961) **Some Conflict of Laws Problems Re- Torts-Liability for Defective Motor lating to Negotiable Instruments Vehiclar Brakes 68-107 (1965) 66-91 (1964) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 63 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

118 SUBJECT INDEX

Statute of Limitations-Indorser's War- NUISANCES ranty as Express or Implied Prom- Aesthetic Grounds Held Valid for In- ise-Applicability of Ten Year Sta- junctive Relief Against Lawful tute to Negotiable Instrument Business 59-92 (1956) 42-261 (1936) Constitutional Law-Privacy-Right **Suretyship Law in W. Va. of Individual on Public Convey- 68-3 (1965) ances 55-64 (1952) **Use of Set-Off Counterclaim and Re- Eminent Domain-Constitutional Tak- coupment: Availability Against ing-Recovery Against Municipal Commercial Paper, The 62-141 Airport by Adjacent Property Own- Usury-Laches 44-78 (1937) ers 62-398 (1960) **Liability for the Torts of Independent NEW TRIAL Contractor in W. Va. Appeal and Error-New Trial Or- 55-216 (1953) dered as to Appealing Defendant *Modern Trend Toward the Protection Only 66-348 (1964) of the Aesthetic, The 44-58 (1937) Evidence-Criminal Law-When New- Real Property-Nuisance-Abatement ly Discovered Evidence not Basis Against Reversion 41-290 (1942) for New Trial 61-80 (1958) Yellow Sheet Evidence-Misconduct of Juror- OBSCENITY Grounds for New Trial Constitutional Law-Obscenity 62-299 (1960) 60-99 (1957) **Judgment Non Obstante Veredicto Constitutional Law-Censorship Sta- 51-14 (1948) tute-Vagueness 62-421 (1960) Procedure-Importance of Including Constitutional Law-Freedom of all Grounds in Motion for New Speech and Press-Determination Trial Under Federal Rules of Civil of Obscenity 62-179 (1960) Procedure 65-190 (1963) Unintended Courtroom Influence- OIL & GAS When New Trial Warranted See also Coal; Mines & Minerals 62-416 (1960) Adverse Possession-Acquisition of NOTICE Title to Minerals Subsequent to Ser- verance 53-72 (1950) Insurance-Accidental Death-Notice to Insurer 59-203 (1957) Bankruptcy-Oil and Gas-Discretion in Federal Court to Permit Deter- Judgment Lien-Doctrine of Relation mination of Boundaries of Bank- Back-Notice of Suit as Notice rupt's Leasehold by State Court of Lien 60-102 (1957) *Legislation-Service of Process on 42-161 (1936) Contracts-Practical Construction- Nonresident Motorists Acts of the Parties 54-163 (1952) 43-316 (1937) *Implied Duty of Lessee under an Oil Limits of Title Search under the West Virginia Recording Act and Gas Lease to Drill "Protection 56-20 (1954) Wells" 43-147 (1937) Construction of Drill or Pay Covenant Principal and Surety-Discharge of for Futher Development-Effect of Surety-Notice to Sue Principal- Payment of Delay Rentals Sufficiency of Notice 49-97 41-290 (1935) Property-Effect on Dower Interest Construction of "Forfeiture Clause" of Notice of Contract to Convey in unless Lease-Necessity of No- Real Estate Before Marriage tice for Termination of Lease 66-70 (1963) 42-163 (1936) Sales-Notice Filing .Under Uniform Damages for Wrongful Geophysical Commercial Code 66-61 (1963) Exploration 41-89 (1934) Workman's Compensation-Notice of **Drilling Clause in Oil and Gas Leases Time for Objection to the Initial Findings of the Commissioner in W. Va., The 52-95 (1950) 54-329 (1952) Enforcement of Free Gas Clause in Equity 46-346 (1940) NUCLEAR ENERGY *Equitable Apportionment of Oil and See also Atomic Energy Gas Royalties 46-66 (1939) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 64 et al.: Subject Index

SUBJECT INDEX

**Forfeiture of Lease for Failure to **Use of the Containing Space after the Market Gas 46-271 (1940) Removal of Subsurface Minerals Fraudulent Drainage-Remedies 55-202 (1953) 45-365 (1939) Habendum Clause-Exercise of Due OPTIONS Diligence Extends the Lease Be- Contracts-Removal of Timber-Fail- yond the Primary Term Although ure Seasonably to Exercise Option the Production was not Marketed 56-57 (1954) Owing to the lack of Pipe Line Contracts-Sufficiency of Notice to Facilities 58-309 (1956) Require Exercise of Option Income Taxation-Basis for Deple- 48-67 (1941) tion Allowance 66-41 (1963) Future Interests-Contract of Pur- Income Tax-Loss Incident to "Sale" chase or Lease with Option Involving Oil and Gas Production 56-128 (1954) Payment-Deduction Allowed Options in Leases-Rule Against Per- 62-280 (1960) petuities 60-212 (1958) Liability of Lessee for Negligent Op- FARENT & CHILD eration of Well-Acidation Method See also Domestic Relations; Infants 47-65 (1940) Compulsory Medical Care over Ob- Minerals-Natural Gas-Title Not jections of Parents 65-184 (1963) Lost by Storage Underground Domestic Relations--Custody of Mi- 63-383 (1961) nor Children 67-74 (1964) *Mineral Interests and the Executive Effect of Payment by Bank of Child's Right in W. Va. 66-221 (1964) Deposit to Parent not a Legal Mineral Royalty Deed-Implied Con- Guardian 41-91 (1934) dition that Temporary Cessation of Right of Child to Recover in Tort Production After Fixed Term Does Against Parent 55-75 (1952) Not Terminate Right to Royalties Torts-The Effect of Wilful and Wan- 62-289 (1960) ton Conduct on Parental Immunity Mines and Minerals-Natural Gas Not 68-105 (1965) Included in Conveyance of Minerals Torts-New Action for "Wrongful 62-84 (1959) Life" 68-345 (1966) Mines and Minerals-Ownership of Torts-Parent and Child-Parent Li- Containing Space 55-72 (1952) able for Tort of Child Where Par- *Mining Partnerships in W. Va. ent Negligent in Failing to Restrain 41-144 (1935) Child 64-354 (1962) Nature of Lessee's Interest-Enforce- Torts-Rights of Children to Re- ment of Lien of Execution cover for a Negligent Injury to 42-75 (1935) Their Parents 64-453 (1962) *Note on Secondary Recovery 49-66 (1942) PARENTAL IMMUNITY *Oil and Gas Law in the Federal Court *Parental Liability Statute -Hutchinson v. McCue 60-182 (1958) 46-154 (1940) Torts-The Effect of Wilful and Wan- *On Leasing Gas from Coal Seams ton Conduct on Parental Immunity 47-211 (1941) 68-105 (1965) Quasi Contractual Liability for Stor- PAROL EVIDENCE age of Gas under Plaintiff's Land **Interpretation of Documents-The 41-431 (1935) **Profits A Prendre and Interstate Price- Parol Evidence Rule and an Excep- Fixing 48-226 (1942) tion for Erroneous Description *Progress in the Law of Oil and Gas 47-319 (1941) 49-156 (1943) Parol Evidence Rule-Invoked by a Stranger Against a Party to the Real Property-Oil and Gas Leases- Contract 54-85 (1951) Rights of Lessor Against Sublessee *Parol Evidence Rule in W. Va.- 61-72 (1958) When is a Writing Complete?, The Regulation of the Natural Gas Indus- 41-273 (1935) try 45-250 (1939) PAROLE **Underground Storage of Natural Gas Criminal Law-Effect of Pardon on in the Appalachian Area Habitual Criminal Statute 68-136 (1966) 55-66 (1952) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 65 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

120 SUBJECT INDEX

**W. Va. Habitual Criminal Law PERSONAL INJURIES 59-30 (1956) See Injuries **W. Va. Indeterminate Sentence and Parole Laws 59-143 (1957) PERSONAL PROPERTY Application of the Rule in Shelley's PARTIES TO ACTION Case, The 68-104 (1965) **Accommodation Parties to Negotiable Conflict of Laws-Law Governing Instruments 61-83 (1959) Testamentary Trusts Involving Moveables 66-240 (1964) Administration of Estates-Foreign Federal Courts-Personal Jurisdiction Administrator-Right to Sue in W. not Required in Transfer Va. 47-60 (1940) to Cure **Common Law Venue Defect 65-79 (1962) Pleading Modified Gifts-Informal Writings as Consti- Versus the Federal Rules tuting Sufficent Delivery 52-137 (1950) 61-69 (1958) **Common Law Pleading Modified Joint Tenancy in Joint Bank Accounts Versus the Federal Rules 66-252 (1964) 53-27, 142, 195 (1950-51) **Some Conflict of Laws Problems Re- lating to Negotiable Instruments PARTNERSHIPS 66-91 (1964) *Mining Partnerships in W. Va. Taxation-Special Assessments for 41-144 (1934) Local **Some Accounting Improvements-Personal Problems in the Property Locally Situated not Sub- Preparation of the Partnership Re- ject to Assessment 50-100 (1946) turn of Income 50-44 (1946) Wills-Capacity 60-212 (1958) **Suretyship Law in W. Va. Wills-Holographic Cancellation of 68-3 (1965) Life Estate also Cancels Remainder 60-396 (1958) PATERNITY Defense of Sterility in Paternity Cases, PHYSICIANS & SURGEONS The 59-258 (1957) Constitutional Law-Substantive Due Legitimatizing Statutes-Scope of W. Process and Equal Protection-Na- Va. Statute 45-370 (1939) turopaths Required to be Medical Doctors 59-201 (1957) PENOLOGY Evidence-Admissibility of Testimony Constitutional Law-Punishment for of Physician Retained Solely as a Crime-Requirement .that Penalty Witness 62-274 (1960) to Offense 48-63 (1941) Physicians and Surgeons-Chiropodist Criminal Law-Effect of Pardon on not Duly Licensed Physician Within Habitual Criminal Statute Meaning of the Statute 55-66 (1952) **Probation 44-33 (1937) 59-99 (1956) **Probation and Parole 44-105 (1938) *Juridical Trauma and Medical Shock **W. Va. Indeterminate Sentence 59-1, 23 (1956) and *Physician-.Patient Privilege, The Parole Laws 59-143 (1957) 58-76 (1955) *Privileged Communications PERPETUTIES, RULE Between AGAINST the Doctor and his Patient-An An- Executory Devises and Perpetuties omaly of the Law 44-165 (1938) 45-55 (1938) **Law of Medical Malpractice in W. Future Interests-Contract of Pur- Va., The 41-35 (1934) case or Lease with Option Torts-A comparison of Unauthorized 56-128 (1954) Embalming and Unauthorized Au- Future Interests-Rule Against Per- topsy 67-257 (1965) petuities-Construction of Interest as Vested or Contingent PLEADING 64-91 (1961) Actions-Injury to Person and Prop- Interests Subject to Rule-Equitable erty One Cause of Action Interests 63-79 (1960) 51-71 (1948) Landlord and Tenant-Perpetuities- *Alleging the Date of the Offense in Leasehold Estates 62-209 (1960) the Indictment 57-193 (1955) Options in Leases-Rule Against Per- Assumpsit-Common Counts-Action petuities 60-212 (1958) by Assignee 54-78 (1951) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 66 et al.: Subject Index

SUBJECT INDEX 121

Certainty-Proximate Cause Res Judicata-Collateral Attack on 43-343 (1937) Decree for Sale of Land for School **Common Law Pleading Modified Ver- Fund 60-389 (1958) sus the Federal Rules 52-137 (1950) "Right to Bill Particulars in Eminent "Common Law Pleading Modified Ver- Domain Proceedings 57-88 (1955) sus the Federal Rules *Rules of Pleading Applied to Repre- 53-27, 142, 195 (1950-51) sentative Capacity 47-40 (1941) "Correction of Error on Motion Splitting a Cause of Action on In- 55-1 (1952) junction Bonds 43-80 (1936) *-'Decade of Pleading, Practice and Pro- **Substance and Procedure in Rule cedure, A 53-1 (1950) Making 51-34 (1948) Defective Common Court **Use of Set-Off, Counterclaim and Re- 58-431 (1956) coupment-Availability Against Demurrer to Misjoinder of Parties un- Commercial Paper, The der the Revised Code 44-228 (1938) 62-141 (1959) *Derivative Stockholder's Suits in W. "Waiver of Trial by Jury; A Further Va. 44-129 (1938) Comment 41-249 (1935) *Disjunctive Allegations in Indictments Writ of Error-Special Bill of Excep- and Variance Between Allegation tion-Specification of Error and Proof 44-134 (1938) 58-110 (1955) **Duplicitous Allegations in Indictments Wrongful Death Action-Improper to 58-18 (1955) Include Claim for Property Dam- Equitable Defenses-Sealed Release- ages 57-113 (1955) Replication-Fraudulent Inducement PLEDGES 41-86 (1934) *Law of Pledges in W. Va., The Equity-Insufficiency of Bill A Juris- dictional Defect 55-158 (1953) 44-139 (1938) Form of the Original Writ in W. Va. 42-237 (1936) POLICE POWER "Function of the Demurrer under the Constitutional Law-Freedom of Re- Revised Code 41-313 (1935) ligion and the Police Power Interpleader--Statutory Construction 68-65 (1965) -Party Defendant 58-105 (1955) Constitutional Law-Police Power- **Judgment Non Obstante Verdicto Regulation of Junk Yards 51-14 (1948) 64-76 (1961) Nonjoinder of Contract Plaintiffs Constitutional Law-Regulation of the 48-184 (1942) Milk Industry Through Price Con- Nonsuit after Motion to Direct a trol 63-165 (1961) Verdict 48-288 (1942) Constitutional Law-Sunday Closing Note for Taxation-Validity of Judg- Laws-Validity Substained ment where there was no Attempt 64-79 (1961) to Plead the Return of Note for **Doctrinal Development of the Tenth Taxation 45-383 (1939) **Objections and Exceptions Amendment 51-227 (1949) 52-12 (1949) **Ohio Valley Panorama **Parties to Actions and Suits under the 54-186 (1952) Revised Code 43-87 (1937) **Reservation of Highway and Street Plea in Abatement-General Appear- Rights-of-Way by Official Maps ance 45-177 (1939) 66-73 (1964) **Pre-Trial in W. Va. 55-110 (1953) **W. Va. Administrative Procedure Act, Process-Defects--Objections and The 66-159 (1964) Waiver 56-132 (1954) *Prior W. Va. Equity Practice Regard- POSSIBILITY OF REVERTER ing Necessary Joinder of Parties as Constitutional Law-Gift of Land "for Precedent under Rule 19 Use by White Race Only" Creates 68-53 (1965) Possibility of Reverter for Violation *Replication and the Special Reply in 58-185 (1956) Writing in Equity, The Future Interests-Fee Simple Abso- 54-312 (1952) lute or Fee Simple Subject to a Representative Capacity Condition Subsequent or Fee Simple 57-109 (1955) Determinable 59-281 (1957) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 67 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

PRECEDENT Labor Relations-Union-Employer **Doctrine of Precedent as Applied to Contract-Employee's Rights Administrative Decisions, The 55-153 (1953) 59-111 (1957) **Liability for the Torts of Indpendent Courts-Prospective Overruling Contractors in W. Va. 66-32 (1963) 55-216 (1953) **Thrust of Tort Law, The *Responsibility for Mistakes in Ap- 64-1,115, 241 (1961-62) plication Made by Agents of In- surance Company 43-325 (1937) PRENATAL INJURIES Infants-En Ventre Sa Mere-As Tort PRISONERS Plaintiffs 54-82 (1951) Attachment and Garnishment-Prop- Torts-Prenatal Injuries-Child's Right erty of Prisoner in Hands of Officer to Recover 63-83 (1960) -Custodia Legis. 42-159 (1936) **Recovery of Damages for Injuries PRIVILEGED COMMUNICATIONS Sustained by Children en Ventre *Are Physicians Exempt from Testify- sa Mere 65-197 (1963) ing? 41-298 (1935) PRESUMPTIONS *Attorney-Client Privilege in West Conclusive Presumption in W. Va. Virginia, The 54-297 (1952) 61-209 (1959) Evidence-Privileged Communications Criminal Law-Statutory Presump- -State Secrets 47-338 (1941) tions 66-133 (1964) **Coal Mining Rights and Privileges in Criminal Law-Use of Presumptions W. Va. 52-32 (1949) to Shift Burden of Proof *Moral Obligation-Who Shall be the 67-153 (1965) Keeper of the State's Conscience? Effect or Presumption of Death after 52-57 (1949) Unexplained Absence upon Life In- *Physician-Patient Privilege, The surance Policies 61-298 (1959) 58-76 (1955) Evidence-Burden of Proof-Presump- **Privileged Communications Between tion of Innocence 63-274 (1961) the Doctor and His Patient-An Evidence-Res Ipsa Loquitur-Does Anomaly of the Law 44-165 (1938) the Doctrine Raise a True Presump- PRIVITY tion of Law or Only a Permissible **Covenants in Leases in W. Va. Inference of Fact? 50-181 (1947) 57-1 (1955) PRE-TRIAL PROCEDURE Sales-Persons Protected by Warran- **Common Law Pleading Modified Ver- ties under the Uniform Commercial Code-Employee of Buyer Held not sus the Federal Rules Protected 65-326 (1963) 53-27, 142, 195 (1950-51) **Pre-trial of Lawsuits 46-148 (1940) Torts-Absence of Privity on Implied **Pre-Trial in W. Va. 55-110 (1953) Warranty of Fitness 68-95 (1965) PROBATE LAW & PRACTICE PRINCIPAL & AGENCY See also Executor & Administrator See also Agency Administration of Estates-Advance- Agency-Liability of Employer for ments-Method of Hotchpot 47-143 (1941) Acts of Independent Contractor **Critical Study of the Probate System 56-54 (1954) in W. Va., A 67-22, 116 (1965) Constructive Trusts-Duty of Agent *Scope of Authority of the County to Reconvey Land Purchased for Court and the Commissioner of Ac- Principal-Statute of Frauds counts in the Probate of Estates, 50-177 (1947) The 60-264 (1958). Criminal Law-Principal in Second Wills-Time for Contest-Admission Degree-Conviction of Attempt to Probate of Non-Testamentary 56-123 (1954) Instruments 52-77 (1949) Creation of the Agency Relation PROCEDURE 43-82 (1936) See also Civil Procedure; Criminal Insurance-Questions in Application- Procedure Extent to Which Insured may Rely Attorney and Client-Effective Repre- upon Suggestions of Agent sentation-Federal Procedure 62-408 (1960) 58-291 (1956) **Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 68 et al.: Subject Index

SUBJECT INDEX 123

**Common Law Pleading Modified Ver- **Decade of Pleading, Practice and sus the Federal Rules Procedure, A 53-1 (1950) 53-27, 142, 195 (1950-51) Defects-Objections and Waiver Constitutional Law-Procedural Due 56-132 (1954) Process-Irregularity in Preparation Federal Civil Procedure-Service of of Trial Transcript 60-116 (1957) Process in Aircraft over a State **Correction of Error on Motion 62-423 (1960) 55-1 (1952) Federal Courts-Venue--"Residence" **Decade of Pleading, Practice and of Defendant in Federal Reservation Procedure, A 53-1 (1950) Grounded on State Laws Concern- Effect of Dismissal of Venue-Giving ing Admission of Foreign Corpora- Defendant 66-59 (1963) tions 51-195 (1949) Federal Appellate Procedure-Certio- Foreign Corporations-Service of Pro- rari-Consideration of Constitution- cess on Auditor after Withdrawal in al Objections not Preserved on the Tort Case--Cause of Action Arose Record 52-65 (1949) after Withdrawal 58-199 (1956) Federal Courts-Another Chapter to *Issurance of Process as Condition Pre- Erie 68-332 (1966) cedent to Granting Preliminary In- **General, But Incomplete Resume of junction 42-132 (1936) Appellate Procedure in W. Va., A Motor Vehicles-Constructive Service 55-28 (1952-53) of Process on Non-Residents-Em- Jurisdictional Aspects of W. Va. Rules ployers of Resident Vehicle Owner 5(d) and 59(b) 68-356 (1966) as Agent 48-183 (1942) **Some Modem Procedural Develop- Practice and Procedure-Alias Pro- ments 46-134 (1940) cess-When it Must Issue '*Modus Operandi of the Supreme 47-234 (1941) Court of Appeals 49-103 (1943) *Publication of Process in Attachment **Objections and Exceptions Proceedings 46-223 (1940) 52-12 (1949) Service of Process-Venue and Juris- *Power of Administrative Agencies to diction 47-232 (1941) Grant Rehearings 52-123 (1950) PRODUCTS LIABILITY Res Judicata--Collateral Attack on *Is the Food Manufacturer an Insurer Decree for Sale of Land for School Fund 60-389 (1958) of the Wholesomeness of his Prod- Right to Order Physical and Mental uct? 46-82 (1939) Examinations of Persons under Fed- **Product Liability and Disclaimers in eral Rules of Civil Procedure W. Va. 67-291 (1965) 66-265 (1964) Torts-Absence of Privity on Implied '*Substance and Procedure in Rule Warranty of Fitness Making 51-34 (1948) 68-95 (1965) Trial Judge's Discretion-Mandamus Torts-Warranty of Vendor for La- and Prohibition 61-238 (1959) tent Defects in Chattel Manufac- **Twenty Year of W. Va. Marriange tured by Third Person and Divorce Law 58-128 (1956) 62-98 (1959) Venue-Procedural Rather than Juris- PROHIBMON, WRIT dictional-Venue Statutes Treated as Rules of the Court 59-100 (1956) Administrative Law-Use of Writ of Waiver of Special Appearance-Effect Prohibition 68-62 (1965) of Rules of Civil Procedure Attachment and Garnishment-Di- 68-211 (1966) vorce Action-Suit Money and Temporary Alimony 43-333 (1937) PROCESS PROPERTY See also Service of Process See also Personal Property; Real Prop- Conflict of Laws-Interstate Status of erty; Future Interest Divorce 62-263 (1960) **Adverse Possession of Severable Min- Constitutional Law-Due Process- erals 68-274 (1966) What Constitutes "Doing Business' Application of the Rule in Shelley's 62-181 (1960) Case, The 68-104 (1965) Constitutional Law-Legislator's Priv- Cancellation of Notes at Payee's ilege From Arrest 41-159 (1935) Death not Testamentary Gift **Debt Collection Torts 67-201 (1965) 67-80 (1964) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 69 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

124 SUBJECT INDEX

Contracts-Removal of Timber-Fail- Involuntary Partition of Jointly Owned ure Seasonably to Exercise Option Property 68-343 (1966) 56-57 (1954) **Joint Estates in Real Property in Constitutional Law-Construction of W. Va. 61-101 (1959) Constitutional Provision for Sale of *Joint and Mutual Wills in W. Va. Land for School Fund-Right of 55-263 (1953) Redemption Restricted Joint Tenancy-Effect of Murder on 51-56 (1948) the Right of Survivorship Constructive Trusts-Acquisition of 58-422 (1956) Property by Murderer-Tenancy by Joint Tenancy-Language Intending to the Entirety 59-84 (1956) Create Held Sufficient Constructive Trusts-Survivorship in 60-400 (1958) Joint Tenancy-Right of Murderer Joint Tenancy-Rights of Survivor- to Recover Entire Fund of De- ship 62-294 (1960) ceased 42-241 (1936) Landlord and Tenant-Assignment or Criminal Law-Attempt to Receive Sublease 59-86 (1956) Stolen Property-Fact that Property Landlord and Tenant-Condemnation was no Longer Stolen Held Im- -Termination of Lease material 62-388 (1960) 60-384 (1958) **Davis Will Case-A Study in Con- *Law of Navigable Streams in W. Va., tingent Remainders, The The 59-73 (1956) 41-385 (1935) **Limits of Title Search under the Descent-Statute Amended-Advances W. Va. Recording Act Husband and Wife 60-206 (1958) 56-20 (1954) Dower-Property Subject to Right- Material Change in Deed by Parties Contract Before Marriage to Will after Delivery 67-87 (1964) to Another 51-60 (1948) **New Delinquent Lands Statute, The **Drafting and Revision of Wills and 47-274 (1941) Trust Instruments under the Reve- Oil and Gas Leases-Rights of Lessor nue Act of 1948 51-250 (1949) Against Sublessee 61-72 (1958) Easements-Prescriptive Right Options in Leases-Rule Against Per- 60-211 (1958) petuities 60-212 (1958) Easements-Way of Necessity where *Recordation of Leases 61-129 (1959) other Mode of Access-Creation of Restraint on Alienation 67-89 (1964) Easement by Implied Grant Restrictive Covenants-Right to Com- 42-244 (1936) pensation in Eminent Domain Pro- Ejectment-"Common Grantor" and ceeding 59-391 (1957) "Common Source" Distinguished Reversions and Remainders Recovery 58-300 (1956) of Permanent Damages-Measure Eminent Domain-Constitutional Tak- of Damages 47-67 (1940) ing-Recovery Against Municipal Right of Remaindermen after Sale for Airport by Adjacent Property Own- Nonpayment of Life Tenant's Taxes ers 62-398 (1960) 61-334 (1959) Eminent Domain-Obsolete Buildings **Some Observations on Bailey v. Baker -Proof of Value 51-63 (1948) 55-45 (1952) Estate Tax-The Marital Deduction Tenancy by Entireties Creation and Powers of Appointment Through Simultaneous Conveyances 68-82 (1965) Involving Tenants in Common Fixtures-Sale of Leased Premises to 62-196 (1960) State-Houses and Garage Found *Transfer of Title to Timber in W. Va., to be Fixtures 59-212 (1957) The 52-228 (1950) Future Interests-Contract of Pur- **Underground Storage of Natural Gas chase or Lease with Option in the Appalachian Area 56-128 (1954) 68-136 (1966) Unfair Competition-News-Literary Future Interests-Fee Simple Abso- Property 56-74 (1954) lute or Fee Simple Subject to a **Use of the Containing Space after Condition Subsequent or Fee Simple the Removal of Subsurface Minerals Determinable 59-281 (1957) 55-202 (1953) Future Interests-Limitations to Heirs Vendor-Purchaser-Rights of De- Postponed-Determination of Tak- faulting Purchaser ers 61-328 (1959) 55-291 (1953) **Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 70 et al.: Subject Index

SUBJECT INDEX 125

W. Va. Law of Forfeited and De- Negligence-Proximate Cause-For- linquent Lands, The 50-158 (1947) seeability of Specific Injury Wills-Capacity 60-212 (1958) 60-108 (1957) Wills-Construction-After-Acquired Pleading-Certainty-Proximate Cause Property 46-95 (1939) 43-343 (1937) Wills-Holographic Cancellation of Torts-Concurrent Causes Life Estate Also Cancels Remainder 62-202 (1960) 60-396 (1958) Torts-A New Test for Proximate 65-85 (1962) PROPERTY TAXES Cause? Assessment of Undivided Interests- PSYCHOLOGY Book Assessment Amendment Land **Psychology, Mental Illness, and the 41-167 (1935) (1957) *Business Situs of Credits-Domestica- Law 60-55, 133 tion of a Foreign Corporations **Psychology, Mental Illness and the 41-412 (1935) Law-A Postscript on Epilepsy **Changes in W. Va. Real Property Tax 61-202 (1959) Law 66-271 (1964) FINANCE *Constitutional Aspects of Tangible PUBLIC Property Assessments **Financial Responsibilities of W. Va. 68-300 (1966) Municipalities 52-208 (1950) Constitutional Law-Construction of **Industrial and Commercial Loans and Constitutional Provision for Sale Guarantees for New or Expanding of Land for School Fund-Right Business under the Public Works of Redemption Restricted. and Economic Development Act of 51-56 (1948) 1965 68-359 (1966) Constitutional Law-State Taxation of States-Public Contracts-Disqualifi- Federal Property in Possession of cation of Officers As Applying to Private Contractor 61-53 (1958) Funds Received from Federal Gov- *Enforcement of Land Taxes in W. Va. ernment 52-70 (1949) 44-377 (1938) *Equality and Uniformity in Property PUBLIC LANDS Taxes 62-70 (1959) **Applicability to States of Federal Leg- **Excise Taxes in their Relationship to islation Speaking in General Terms Property Taxes 46-21 (1939) 50-174 (1947) **Four Proposed Amendments to the **Public and Public Welfare Property 60-303 (1958) W. Va. Constitution Tax Exemption in W. Va. Liability of Purchaser at Tax Sale for 55-171 (1953) Assessments on Property 54-325 (1952) **Taxation and Land Titles under Art- **New Deliquent Lands Statute, The icle XIII of the W. Va. Constitution 47-274 (1941) 65-263 (1963) **Public and Public Welfare Property PUBLIC OFFICIALS Tax Exemption in W. Va. 55-171 (1953) Attachment and Garnishment-Prop- **Taxation and School Support in W. erty of Prisoner in Hands of Public Va. 50-1 (1946) Officer-Custodia Legis **Some Observations on Bailey v. Baker 42-159 (1936) 55-45 (1952-53) States-Public Contracts-Disqualifi- PROSECUTING ATrORNEYS cation of Offcers as Applying to Admission to Bar as Prerequisite of Funds Received from Federal Gov- Holding Office as Prosecuting At- ernment 52-70 (1949) torney 66-122 (1964) PUBLIC RECORDS Constitutional Law-Power to Ap- point Prosecuting Attorney Public Records-Availability for In- 42-239 (1936) spection 68-90 (1965) PROXIMATE CAUSE PUBLIC SERVICE COMMISSION Income Taxation-Rejection of Proxi- **Regulation of the Natural Gas In- mate Cause 66-263 (1964) dustry 45-250 (1939) Pro- Negligence-Distinction Between **Social Interest in Rate Regulation in ximate Cause and Condition 58-107 (1955)1 W. Va. 58-352 (1956) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 71 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

PUBLIC UTILITIES Constitutional Law-Cruel and Unus- **Administrative Finality in Claims for ual Punishment Inflicted for Con- Overcharges 51-77 (1948) tempt 53-179 (1951) Ben Avon South of the Border Criminal Law--Confinement in the 60-166 (1958) Penitentiary without Indictment- *Competition in Public Service-A Escape from Illegal Custody New Interpretation 48-271 (1942) 60-369 (1958) Discontinuance of Service Criminal Law-Knowledge of Conse- 61-331 (1959) quences to Plea of Guilty **Finality of the Filed Rate in W. Va. 67-141 (1965) 49-143 (1943) Criminal Law-W.- Va. Cumulative *"Fringe Area" of Public Utilities Sentence Statute 63-204 (1961) 58-390 (1956) Criminal Law-W. Va. Kidnapping *Hope Case and Recent Federal De- Statute--Single Offense cisions, The 54-305 (1952) 67-156 (1965) Injunction Against Government Agen- QUASI-CONTRACT cies 58-424 (1956) See also Contracts **Is Utility Regulation Encroaching up- *Liability under Promoter's Contracts on Management? 46-122 (1940) 57-81 (1955) Municipal Corporations-Taxation- Limitation of Actions-Statute of Validity of License and Use Taxes Limitation Applied to Quasi-Con- on Public Utility 61-226 (1959) tractual Right Arising upon Breach **Profits A Prende and Interstate Price- of an Existing Contract Fixing 48-226 (1942) *Rationality in Rate-Marking 44-154 (1938) Mistake of Law-Recovery of Money 55-270 (1953) Paid under Such Mistake *Relocation Costs Relative to Federal- 57-106 (1955) Aid Highway Act of 1956 Oil and Gas--Damages for Wrongful 60-358 (1958) Geophysical Exploration **Respondent Superior Plus Nondeleg- 41-89 (1934) able Duty to Protect Patrons Oil and Gas-Quasi-Contractual Lia- 49-59 (1943) bility for Storage of Gas under **Social Interest in Rate Regulation in Plaintiffs Land 41-431 (1935) W. Va. 58-352 (1956) Recovery for Mistake of Law--Settle- **Some Comments on Rate Making in ment of Disputed Claim W. Va. 57-33 (1955) 42-256 (1936) Supplemental Motor Truck Operations Right of Contractor to Recover Rent of Railroads-Certificate of Con- from County for use of Property venience and Necessity as Matter obtained under a Contract Void of Right 57-117 (1955) Because not in Compliance with **W. Va. Public Service Commission, Constitutional Requirements The 46-201, 292 (1940) 44-160 (1938) PUBLIIC WELFARE QUIETING TITLE **Achilles Heel of Constitutional Gov- See also Title to Land ernment in America-The Use and Abuse of Public Money Power, The QUO WARRANTO 46-47 (1939) Persons Entitled to Relief **Expanding Horizons of Legal Services, 57-120 (1955) The 67-179, 267 (1965) RAPE **Public and Public Welfare Property Criminal Law-Reasonable Mistake tax Exemption in W. Va. of Age as Defense in Statutory Rape 55-171, (1953) 67-149 (1965) Unemployment Compensation-Leav- *Statutory Rape-Previous Chaste ing Employment Voluntarily with- Character 57-199 (1955) out Cause---"Involving Fault on the Part of the Employer" 52-75 (1949) RATES **Administrative Finality in Claims for PUNISHMENT Overcharges 51-77 (1948) **Consecutive and Concurrent Sentences *Computation of "Overtime" Pay under -A Comment 63-138 (1961) the Bay Ridge Case 51-186 (1949) **Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 72 et al.: Subject Index

SUBJECT INDEX 127

Constitutional Law--Commerce Clause Descent-Statute Amended-Advances Supersedure of State Regulation by Husband and Wife 60-206 (1958) the Federal Motor Carrier Act Dower-Property Subject to Right-- 55-146 (1953) Contract Before Marriage to Will Fair Labor Standards Act-Regular to Another 51-60 (1948) Rate of Pay-Existence Thereof Easements-Prescriptive Right where Sole Wages Consist of Tips 60-211 (1958) 51-277 (1949) Easements-Way of Necessity where **Finality of the Filed Rate in W. Va., other Mode of Access---Creation of The 49-143 Easement by Implied Grant *Hope Case and Recent Federal Decis- 42-244 (1936) ions, The 54-305 (1952) Effect on Dower Interest of Notice of **Is Utility Regulation Enroaching upon Contract to Convey Real Estate Be- Management? 46-123 (1940) fore Marriage 66-70 (1963) **Profits a Prendre and Interstate Price- Effect of the Rule in Shelley's Case Fixing 48-226 (1942) on Conveyances in W. Va. Rate Regulation by Government Com- 65-250 (1963) petition 45-266 (1939) Ejectment--"Common Grantor" and *Rationality in Rate-Making "Common Source" Distinguished 55-270 (1953) 58-300 (1956) **Social Interest in Rate Regulation in Eminent Domain-Constitutional Tak- W. Va. 58-352 (1956) ing-Recovery Against Municipal **Some Comments on Rate-Making in Airport by Adjacent Property Own- W. Va. 57-33 (1955) ers 62-398 (1960) Eminent Domain-Obsolete Buildings REAL ESTATE AGENTS -Proof of Value 51-63 (1948) Agency-Broker's Right to Commis- Eminent Domain-Right to Compen- sions 44-213 (1938) sation for Covenants on Condemned Broker's Exclusive Listing Contract- Land 66-330 (1964) Unilateral or Bilateral?, The *Enforcement of Land Taxes in W. Va. 61-274 (1960) 44-377 (1938) Ejectment--"Common Grantor" and REAL PROPERTY "Common Source" Distinguished See also Easements; Equitable Con- 58-300 (1956) version; Fixtures, Future Interest, Equitable Conversion by Well-Right Joint Tenancy, Landlord & Tenant; of Residuary Devisee to Rents Life Estates; Perpetuities, Property, 44-66 (1937) Title to Land, Vendor & Purchaser Equity-Removal of Cloud on Title- Adverse Possession-Mistaken Pos- Right to Bring Suit when Defendant sesion Beyond the True Line has Possession 50-180 (1947) 63-204 (1961) Estoppel by Deed-Conveyance of In- **Changes in W. Va. Real Property Tax terest Subsequently Acquired as Law 66-271 (1964) Heir-Warranty in Quitclaim Deed Constitutional Law-Construction of an Basis for Estoppel Constitutional Provision for Sale of 44-69 (1937) of Land for School Fund-Right Executors and Administrators-Liabil- Redemption Restricted ity of Real Estate for Expenses of 51-56 (1948) 42-59 (1935) Constitutional Law-Gift of Land "for Administration Use by White Race Only" Creates Federal Tax Lien-Divestiture by Possibility of Reverter for Violation State Forclosure Proceedings 58-185 (1956) 63-97 (1960) Constructive Trusts-Acquisition of Fixtures-Sale of Leased Premises to Property by Murderer-Tenancy by State-Houses and Garage Found the Entirety 59-84 (1956) to be Fixtures 59-212 (1957) Contract to Purchase-Husband and Future Interests-Contract of Purchase Wife 57-227 (1955) or Lease with Option 56-128 (1954) Deeds-Estoppel by-Effect of Refer- ence 57-217 (1955) Future Interests-Fee Simple Abso- Deeds-Validity of a Deed not Signed lute or Fee Simple Subject to a by all Parties Designated as Grant- Condition Subsequent or Fee Simple ors 58-190 (1956) Determinable 59-281 (1957) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 73 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

128 SUBJECT INDEX

Future Interests-Limitations to Heirs Taxation-Exemptions-Income-Pro- Postponed-Determination of Tak- ducing Real Property of Charity ers 61-328 (1959) 50-92 (1946) *Injury to Surface and Coal of a Con- Tenancy by Entireties Creation tiguous Tract Due to the Projection Through Simultaneous Conveyances of Force Resulting from Mining Involving Tenants in Common 41-140 (1935) 62-196 (1960) Involuntary Partition of Jointly Owned Torts-Property Owner's Liability for Property 68-343 (1966) Injuries to Public Employees *Joint Estates in Real Property in 66-258 (1964) W. Va. 61-101 (1959) *Transfer of Title to Timber in W. Va., Joint Tenancy-Language Intending to The 52-228 (1950) Create Held Sufficient **Underground Storage of Natural Gas 60-400 (1958) in the Appalachian Area Joint Tenancy-Rights of Survivorship 68-136 (1966) 62-294 (1960) Vendor-Purchaser-Rights of De- *Land Book Assessment-Enabling faulting Purchaser Legislation 41-400 (1935) 55-291 (1952-53) Landlord and Tenant-Assignment or Wills-Capacity 60-212 (1958) Sublease 59-86 (1956) Wills-Construction-After-Acquired Landlord and Tenant-Condemnation Property 46-95 (1939) -Termination of Lease W. Va. Law of Forfeited and De- 60-384 (1958) linquent Lands, The 50-158 (1947) Land Owner Versus the Airport, The 50-145 (1947) REAPPORTIONMENT **Limits of Title Search under the W. Constitutional Law-Apportionment Va. Recording Act 56-20 (1954) of Constitutional Conventions Material Change in Deed by Parties 68-314 (1966) after Delivery 67-87 (1964) *Legislative Reapportionment: Baker v. *Mineral Interests and the Executive Carr 65-129 (1963) Right in W. Va. 66-221 (1964) *Mines and Minerals--Surface Trans- RECIDIVISM mission of Electricity under Implied Criminal Law-Court Martial Convic- Mining Rights 66-26 (1963) tion-Second Offender Statute 48-70 (1941) Nuisance-Abatement Against Rever- Criminal Law-Effect of Pardon on sion 48-290 (1942) Habitual Criminal Statute Oil and Gas Lases-Rights of Lessor 55-66 (1952) Against Sublessee 61-72 (1958) Criminal Law-Time Limitations in Options in Leases-Rule Against Per- Initiating Habitual Criminal Pro- petuities 60-212 (1958) ceedings 67-316 (1965) **W. Va. Habitual Criminal Law *Recordation of Leases 61-129 (1959) 59-30 (1956) **Reservation of Highway and Street Rights-of-Way by Official Maps RECORDS 66-73 (1964) Chattel Mortgages-Recordation-Ef- Restraint on Alienation 67-89 (1964) fect of Failure to Index Restrictive Covenants-Right to Com- 41-156 (1935) pensation in Eminent Domain Pro- Eminent Domain-Federal Condem- ceeding 59-391 (1957) nation Judgments-Docketing and Right of Remaindermen After Sale Indexing with State Records for Nonpayment of Life Tenant's 58-98 (1955) Taxes 61-334 (1959) **Monongalia County Court Records **Some Aspects of Joint Ownership of 41-174 (1935) Real Property in W. Va. **Objections and Exceptions 63-207 (1961) 52-12 (1949) Some Observations on Bailey v. Baker RELEASE 55-45 (1952) Duress by Third Party-Economic Com- *Surviving Oddity: The Inter Vivos pulsion Applied by Beneficiary of Branch of the Doctrine of Worthier Duress-Avoidance of Release Title, A 63-143 (1961) Therefor 46-91 (1939) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 74 et al.: Subject Index

SUBJECT INDEX 129

Equitable Defenses-Sealed Release- RES GESTAE Replication-Fradulent Inducement Evidence-Hearsay-Spontaneous Ex- 41-86 (1934) clamation 51-65 (1948) Insurance-Receipt on Back of Check Evidence-Res Gestae Exception-- not Binding Unless Supported by Necessity that Declarant have Consideration 43-163 (1937) Knowledge-Qualifications of Or- Insurance-Release--Recission for Mu- dinary Witness 43-76 (1936) tual Mistake-Existing but Un- Evidence-Res Gestae-Spontaneous known Injury as Grounds Therefor Exclamations 47-340 (1941) 65-177 (1963) Evidence-Res Gestae-Spontaneous **Law of Medical Malpractice in W. Declarations 60-382 (1958) Va., The 41-35 (1934) **Spontaneous Declarations (Res Ges- **Release of an Assigned Lien tae) 54-93 (1952) 44-175 (1938) **Spontaneous Declarations (Res Ges- Release of Claim for Personal Injury tae) 56-1 (1954) -Right in Action at Law to Avoid Release Based on Mutual Mistake RES IPSA LOQUITUR of Fact 44-230 (1938) Evidence-Res Ipsa Loquitur-Does Restoration of Consideration as Con- the Doctrine Raise a true Presump- dition Precedent to Releasor's Ac- tion of Law or only a Permissible tion for Damages 60-298 (1958) Inference of Fact 50-181 (1947) Evidence-Res Ipsa Loquitur-"Mod- REMAINDERS ern View" Applied 62-298 (1960) See also Future Interest *Is the Food Manufacturer an Insurer of the Wholesomeness of His Pro- REMEDIES duct? 46-82 (1939) Abatement and Revival-Death of the Negligence-Res Ipsa Loquitur-Ex- Wrong-doer 47-58 (1940) clusiveness of Defendant's Control **Decade of Pleading, Practice and Pro- Over Residual Circumstances after cedure, A 53-1 (1950) all Elements of Shared Control Detinue-Requirement that Property be of Actual Value-Alternate Eliminated 51-69 (1948) Judgment as Controlling Element in Negligence-Res Ipsa Loquitur-Pos- Value Requirement 45-381 (1939) sible Relaxation of the Requirement Equity-Retention of Jurisdiction to of Exclusive Control in Bottled Award Damages 53-328 (1951) Beverage Cases 60-110 (1957) Habeas Corpus-Federal Courts--Cer- Negligence-Res Ipsa Loquitur-Use tiorari to United States Supreme Denied Gratuitous Guest Passenger Court as a State Remedy in Action against Driver of Motor 53-82 (1950) Vehicle 59-284 (1957) "Law of Fraudulent Conveyances in RES JUDICATA W. Va., The 43-266 (1937) Administrative Law-Res Judicata- Mandamus-Procedure used to Omit Determination Former Deputy's Name on Ballot of the Jurisdictional for Sheriff 63-285 (1961) Fact 52-236 (1950) Appeal and Error-Law of the Case REMITTITURS -Second Appeal 41-74 (1934) **Remittiturs and Additurs 49-1 (1943) Collateral Attack on Decree for Sale Workmen's Compensation-Award as of Land for School Fund a Proper Subject for Remittitur in 60-389 (1958) an Action Against Third Parties Conflict of Laws-Full Faith and 63-90 (1960) Credit versus Res Judicata 65-220 (1963) REMOVAL OF CAUSE Pleading and Practice-Splitting a See also Federal Courts Cause of Action on Injuction Bonds Civil Rights-Removal of Cause 43-80 (1936) 67-219 (1965) Recitals in Decrees; Conclusiveness Courts-Federal Removal Statute "Sep- 45-146 (1939) arate and Independent Claim or **Worknc a's Compensation, Conflict of Cause or Action" Test Law and the Constitution 59-212 (1957) 55-131, 233 (1953) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 75 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

130 SUBJECT INDEX

RESIDENCE Easements-Way of Necessity where See also Domicil other Mode of Access-Creation of Federal Courts-Venue---"Residence" Easement by Implied Grant of Defendant in Federal Reservation 42-244 (1936) Grounded on State Laws Concern- **Reservation of Highway and Street ing Admission of Foreign Corpora- Rights of Way by Official Maps tions 51-195 (1949) 66-73 (1964) United States-Federal Enclaves- *Unity Plan in Dedication of Ways Residents as State Citizens 57-234 (1955) 49-89 (1943) RESTRAINT AGAINST ALIENATION RIPARIAN RIGHTS Perpetuities-Interests Subject to Rule See also Water & Water Courses -Equitable Interests 63-79 (1960) **Water Law in W. Va. 66-191 (1964) Property-Restraint on Alienation Water and Water Courses-Riparian 67-89 (1964) Rights-Extent of Owner's Title 53-96 (1950) REVERSIONS See Future Interest RULE AGAINST PERPETUTIES REVOCATION See Perpetuties, Rule Against See also Wills *Implied Revocation of Wills in W. Va. SALES 67-57 (1964) See also Vendor-Purchased; War- Wills-Informal Revocation ranty 41-172 (1935) Additional Responsibility of Manu- Wills-Subsequent Will Containing facturers-New Car Sales Express Clause of Revocation- 64-351 (1962) Time Revocation Takes Effect Bulk Sales Act-Lessor not Creditor 63-86 (1960) as to Future Rent 53-188 (1951) "Conditional Sellers, Hostile Claimants, RIGHT TO COUNSEL and the Filing Period 47-73 (1941) See also Constitutional Law Constitutional Law-Equal Protection Constitutional Law-Due Process-- of Laws-Graduated Gross Sales Right to Counsel in State Non- Tax 41-422 (1935) Capital Cases 65-297 (1963) Contracts-Agent's Right to Commis- Constitutional Law-Indigents' Waiver sion on Reorders after Termination of Counsel on Appeal of his Employment 67-225 (1965) 68-411 (1966) **Effects of the Autonomy of the Parties Constitutional Law-Right to Counsel on the Validity of Conflict-of-Laws Conflicting Interests of Counsel as Sales Contracts, The 62-223 (1960) Ground for Reversal 60-366 (1958) Implied Warranty of Canned Food Constitutional Law-The Scope of the 43-84 (1936) Escobedo Rule 67-307 (1965) Implied Warranty of Food Sold in Constitutional Law-The Widening Bulk by Retail Dealer-Liability to Scope of State Habeas Corpus Re- the Purchaser 46-348 (1940) lief 67-234 (1965) Income Tax-Fair Market Value of **Expanding Horizons of Legal Service, Overriding Royalty Interest-Im- plied Reserved Economic Interest The 67-179, 267 (1965) 62-277 (1960) **Judge's Responsibility on a Plea of Income Tax-Loss Incident to "Sale' Guilty 62-213 (1960) Involving Oil and Gas Production **Judgment Non Obstante Verdicto Payments 62-280 (1960) 51-14 (1948) *Implied Warranty in W. Va. Labor Law-Member's Right to Pres- 44-206 (1938) ence of Counsel in Union Hearing Notice Filing Under Uniform Com- 68-207 (1966) mercial Code 66-61 (1963) *Property in the Goods under W. Va. RIGHT OF WAY Law 60-255 (1958) See also Easements *Rescission for Breach of Sellers' War- ranty 43-134 (1937) **Coal Mining Rights and Privileges in Sales Tax-What Services Taxable W. Va. 52-32 (1949) 46-173 (1940) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 76 et al.: Subject Index

SUBJECT INDEX

*"Some Comments on the Appropriation Constitutional Law-Search and Seiz- Tangle in the Law of Sales ure-Right of Privacy of the Home 45-319 (1939) 61-224 (1959) *Transfer of Title to Timber in W. Constitutional Law-Search and Seiz- Va., The 52-228 (1950) ure-Telecommunications **Uniform Commercial Code Bulk Sales 63-63 (1960) Article Compared with W. Va. Law, Constitutional Law-Unlawful Search The 64-385 (1962) and Seizure-Evidence Obtained Uniform Commercial Code-Consid- Thereby not Admissible in State eration for Modification of a Con- Courts 64-83 (1961) tract 65-330 (1963) Criminal Law-Search, Seizure and *"Uniform Commercial Code Sales Ar- Arrest without Warrant-Probable ticle Compared with W. Va. Law, Cause Necessary to Justify 62-186 The 64-32, 142, 260 (1961-62) (1960) Uniform Conditional Sales Act-An Criminal Law-Use of Injunctive Pro- Annotation 58-279 (1956) ceedings to Suppress Evidence Vendors and Purchasers-Rescission 68-323 (1966) of Contract-Tender of Possession Evidence-Obtained by Unlawful 41-96 (1934) Search-Admissibility to Discredit Vendor-Purchaser-Rights of De- Defendant's Testimony faculting Purchaser 55-291 (1953) 56-125 (1954) **W. Va. Law of Forfeited and De- Evidence-Search and Seizure-Ad- linquent Lands, The 50-158 (1947) missibility wren Obtained Incident to Arrest without a Warrant SALARIES 61-236 (1959) See Wages Evidence--Status of the Mere Evi- dence Rule 68-431 (1966) SCHOOLS Evidence-Wire Tapping-Admissibil- *Applicability to States of Federal Leg- ity of Matter Illegally Obtained islation Speaking in General Terms 60-292 (1958) 50-174 (1947) "*Pending Peril and the Right to Search Constitutional Law-Delegation of Dwellings 58-219 (1956) Power-School Board Tax on Re- cordation of Instruments SEGREGATION 61-78 (1958) See also Civil Rights, Discrimination Constitutional Law-Public School De- Constitutional Law-Public School segregation-Pupil Placement Plan Desegregation-Pupil Placement 63-354 (1961) Plan 63-354 (1961) *Courts and Bible Reading in the *Equal Protection and the Race Prob- Public Schools, The 62-353 (1960) lem 62-171 (1960) *Equal Protection and the Race Prob- lem 62-171 (1960) SELF INCRIMINATION SEALS See also Constitutional Law Bills and Notes-Negotiable Paper un- *Admissibility of Results of Comulsory der Seal-Necessity of Considera- Blood Tests to Determine Intoxica- tion 41-280 (1935) tion 60-72 (1957) Equitable Defenses--Sealed Release- Attorney and Client-Disbarment for Replication-Fraudulent Inducement Invoking Fifth Amendment-Denial 41-86 (1934) of Due Process 58-407 (1956) Constitutional Law-Witnesses-Priv- SEARCH & SEIZURE ilege against Self-Incrimination See also Constitutional Law 60-278 (1958) *Admissibility of Results of Compul- Criminal Law-Comment on Defen- sory Blood Tests to Determine In- dant's Failure to Testify toxication 60-72 (1957) 68-319 (1966) Constitutional Law-Criminal Law- Evidence and Criminal Law-Admis- Evidence-Searches and Seizures- sion by Silence 66-136 (1964) Silver Platter Doctrine Abolished Evidence-Privilege Against Self-In- 63-56 (1960) crimination-Constitutionality of Constitutional Law-Prospective Lim- Immunity Statutes 58-420 (1956) itations of Mapp v. Ohio **Lie Detectors Extrajudicial Investiga- 68-70 (1965) tions and the Court 48-37 (1941) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 77 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

Witnesses-Cross - Examination-Wai- Foreign Corporations-Service of Pro- ver of Self-Incrimination Privilege cess on Auditor After Withdrawal in by Defendant who Testifies in his Tort Case-Cause of Action Arose Own Behalf 61-79 (1958) after Withdrawal 58-199 (1956) **Process in Forfeited and Deliquent SEPARATION Lands Suits-A Moot Question? Divorce and Separation 54-47 (1951) Process-Substituted Service-Nonresi- SEPARATION OF POWERS dent Plaintiff and Defendant See also Delegation of Powers 54-87 (1951) Constitutional Law-Separation of *Legislation---Service of Process on Powers-Control by Judiciary of Nonresident Motorists Compensation of Court Attaches 43-316 (1937) 56-119 (1954) **Service of Process in a Delinquent Constitutional Law-Separation of Lands Proceeding-A Suit that is Powers-Issuance of Municipal not a Suit 54-55 (1951) Charter by Circuit Court SERVITUDES 51-128 (1948) See Easements *Extent of Judicial Review of Ad- ministrative Tax Determination in SET-OFF & COUNTERCLAIM W. Va. 50-75 (1946) **Final Word on the Doctrine of The See also Civil Procedure; Procedure Hodge Case, A 45-316 (1939) **Common Law Pleading Modified Ver- *"HodgesCase and Beyond-A Reply to sus the Federal Rules Professor Davis, The 45-291 (1939) 53-27, 142, 195 (1950-51) **Judicial Review of Administrative Ac- *Right to Set-Off Benefits Against tion in W. Va.-A Study in Separa- Damages to Property in Eminent tion of Powers 44-270 (1938) Domain Proceedings 46-320 (1940) **Some Elementary Principles of Con- **Use of Set-Off, Counterclaim and stitutional Law 53-117 (1951) Recoupment: Availability Against Commercial Paper, The SERVICE OF PROCESS 62-141 (1959) See also Process Agent Authorized to Accept Service SETTLEMENTS must be Required to Give Notice See also Divorce; Husband & Wife 65-338 (1963) Divorce-Merger of Separation Agree- Conflict of Laws-Appointment of a ment into Divorce Decree Valid Agent for Service of Process 67-243 (1965) 66-242 (1964) Dower-Property Subject to Right- Conflict of Laws-Divorce-Recogni- Contract Before Marriage to Will tion of Foreign Decree to Another 51-60 (1948) 41-155 (1935) **Pre-Trial in W. Va. 55-110 (1953) Conflict of Laws-Jurisdiction over Quasi Contracts-Recovery for Mis- Nonresident Defendants by Extra- take of Law-Settlement of Dis- territorial Service of Process puted Claim 42-256 (1936) 63-269 (1961) **Decade of Pleading, Practice and Pro- SHELLEY'S CASE, RULE OF cedure, A 53-1 (1950) See also Future Interest Due Process-Jurisdiction--Corporate Personal Property-The Application Amenability to Substituted Service of the Rule in Shelley's Case of Process 65-63 (1962) 68-104 (1965) Due Process--Jurisdiction-Minimum Real Property-Effect of the Rule in Contact not Satisfied 65-249 (1963) Shelley's Case on Conveyances in Due Process-Service of Process on W. Va. Today 65-250 (1963) Foreign Corporations 66-153 (1964) Federal Courts-Diversity Jurisdiction SHOPLIFTING of Foreign Corporation Criminal Law-Shoplifting-Lack of 66-137 (1964) Requirement of Intent Does not Federal Courts-Personal Jurisdiction Invalidate Statute 64-430 (1962) not Required in Transfer to Cure Torts-False Arrest-False Imprison- Venue Defect 65-79 (1962) ment-Shoplifting 63-196 (1961) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 78 et al.: Subject Index

SUBJECT INDEX 133

SLANDER *Judicial Abstention in the Federal See Libel &Slander Courts-Its Origin, Purposes, and Application 65-209 (1963) SPECIFIC PERFORMANCE **Ohio Valley Panorama 54-186 (1952) *Factor of Time in Specific Perform- **State and Nation in a Federal System ance, The 41-147 (1935) *Hardship as a Defense to Specific 41-1 (1934) Performance in W. Va. STATUTES 44-387 (1938) See also Legislation Right of Defendant to Show Duress without Offering to Rescind Entire **Administering that Ounce of Preven- Contract 46-351 (1940) tion: New Drugs and Nuclear Re- actors 68-109, 223 (1966) SPENDTHRIFT TRUSTS Constitutional Law-Delegation of See also Trust Legislature Power-Time Fixing *Spendthrift Trusts in W. Va. Statute 61-47 (1958) 44-48 (1937) Constitutional Law-Due Process- Trusts-Right to Reach Spendthrift Pre-Need Burial Contract Statute Trust for Maintenance of Minor Held Unconstitutional 61-49 (1958) Children 58-114 (1955) *Construction Workers in Interstate Transportation 51-264 SPONTANEOUS DECLARATIONS (1949) See Res Gestae Courts-Construction of Local Statute by Foreign Court-Survival of STARE DECISIS Criminal Action after Corporate See Judgments, Precedents Dissolutions 58-187 (1956) **Duplicitous Allegations in Indictments STATES 58-18 (1955) Constitutional Law-Equal Protection Fair Labor Standards Act-Contingent of Money Order Agencies Fee Agreement-Allowance of Rea- 60-191 (1958) sonable Attorney's Fee under FLSA Constitutional Law-Extention of Conditioned Upon Attorney's Sur- State Credit-Industrial Develop- render of Contingent Fee Agree- ment Bond Act 67-228 (1965) ment 51-275 (1949) Constitutional Law-Sovereign Im- Fair Labor Standards Act-Regular munity of State Agency Rate of Pay-Existence Thereof 61-316 (1959) Where Sole Wages Consist of tips Constitutional Limitations-Loan of 51-277 (1949) Credit 49-99 (1943) *"How to Find and Use Federal Legis- *Moral Obligation-Who shall be the lative Materials 51-169 (1949) Keeper of the State's Conscience **Industrial and Commercial Loans and 52-57 (1949) Guarantees for New or Expanding *Present and Possible Future Enforce- Business under the Public Works ment Procedure in Claims Against and Economic Development Act of the State 61-306 (1959) 1965 68-359 (1966) States-Public Contracts-Disqualifi- Statutes-Interpretation-Term "Stol- cation of Officers as Applying to en" as Used in the National Motor Funds Received from Federal Gov- Vehicle Theft Act 59-394 (1957) ernment 52-70 (1949) -*Leading Purpose Doctrine as Applied State Court of Claims 49-45 (1942) to the Statute of Frauds, The 62-339 (1960) STATES RIGHTS Legislation--Separability Clauses in " Control of Industry in a Federal Sys- Statutes-Cumulative Unconstitu- tem-A Chapter in Australian Con- tional Items in Appropriations Acts stitutional Development, The 56-70 (1954) 41-206 (1935) **National Labor Relations Board, The *"Doctrinal Development of the Tenth 56-79 (1954) Amendment, The 51-227 (1949) *Parental Liability Statute *Equal Protection and the Race Prob- 60-182 (1958) lem 62-171 (1960) **Railway Labor Act and the National "'Federal Control of State Employees Labor Relations Act-A Compari- in Austrialia, The 41-332 (1935) son, The 44-1 (1937) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 79 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

**Recent Amendments to the W. Va. Federal Tax Lien-Effect of State Unemployment Compensation Law Statute of Limitations 49-122 (1943) 64-228 (1962) **Some Problems of Preferential Trans- Indorser's Warranty as Express or Im- fers in W. Va. 52-110 (1950) plied Promise-Applicability of **Substance and Procedure in Rule Ten-Year Statute to Negotiable In- Making 51-34 (1948) strument 42-261 (1936) *Svift v. Tyson and the Construction Labor Law--Statute of Limitations of State Statutes 41-131 (1935) under Taft-Harley Act § 303 **Taft-Hartley and the Balance of Pow- 64-442 (1962) er in Labor Relations, The *Operation of Amendment to Limita- 51-141 (1949) tion of Action Statute Taxation-Application for Refund 62-360 (1960) 55-161 (1953) Taxation-Application for Refund **Trends in the Administration of the 55-161 (1953) Taft-Hartley Act 51-152 (1949) *Theory of a Medical Malpractice Ac- Venue-Nonresident Motorist Statutes tion-Time Limitations and Dam- and Action in Federal Courts ages 64-412 (1962) 57-131 (1955) Torts-Malpractice--Statute of Limit- Venue-Nonresident Motorist Statute ations under Federal Tort Claims 56-133 (1954) Act 65-194 (1963) Wills-Time for Contest-Admission Torts-Statute of Limitations on Mal- to Probate of Non-Testamentary practice 68-220 (1966) Instruments 52-77 (1949) Torts-Statutes of Limitation-Mal- practice Actions Involving Objects STATUTE OF FRAUDS Left in Surgical Patients Constructive Trusts--Duty of Agent 64-103 (1961) to Reconvey Land Purchased for Workmen's Compensation-Filing Ap- Principal-Statute of Frauds plication Within Statutory Period 50-177 (1947) 46-98 (1939) Guaranty-Promise of Banker "to In- Wills-Letters of Administration sure" Deposit 41-161 (1935) 66-268 (1964) **Leading Purpose Doctrine as Applied to the Statute of Frauds STOCKHOLDERS 62-339 (1960) Corporations-Stock Granting Only **Recent Developments in Local Pro- Limited Power to Vote for Direc- cedures 47-165 (1941) tors 64-224 (1962) Sales-Uniform Commercial Code-- *Separate Recovery in Stockholder's Consideration for Modification of a Derivative Suit 49-176 (1943) Contract 65-330 (1963) *Status of Nonvoting Stock in W. Va., STATUTE OF LIMITATIONS The 59-374 (1957) Conflict of Law--Statute of Limita- Taxation-Deferred Compensation tions 68-216 (1966) Plan for Controlling Stockholder 60-200 (1958) Criminal Law-Due Process and the Statute of Limitations STOCKS 68-195 (1966) *Acquisition by a W. Va. Corporation Criminal Law-Extension of Statute of its Own Stock 42-146 (1936) of Limitations Not An Ex Post Corporations-Restraint on Stock Facto Law 62-112 (1959) Transfers 66-67 (1963) Deeds of Trust-Obligation Due Prior Corporations-Stock Transfer by Trus- to 1921-Sale Not Barred by Statute tee in Fraud of Cestui--Corporate of Limitations 58-417 (1956) Liability under Uniform Fiduciaries Estate Tax-Executors and Adminis- Act 51-191 (1949) trators-Not Bound to Plead Statute Income Tax-Corporate Reorganiza- of Limitations 62-212 (1959) tions-Spin-Offs 68-339 (1966) Federal Employers Liability Act (FE- Taxation-Federal Income Tax- LA) 62-112 (1959) Right to Subscribe to Stock of An- Federal Employers' Liability Act-- other Corporation as Taxable In- Continuing Wrongs 62-94 (1959) come 41-93 (1934) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 80 et al.: Subject Index

SUBJECT INDEX

STREETS TAX LIENS See also Highway & Streets **Changes in W. Va. Real Property Tax Municipal Corporations Liability for Law 66-271 (1964) Maintenance of Streets and Side- Federal Tax Lien-Effect of State walks-Meaning of Statute a Jury Statute of Limitations Question 53-89 (1950) 64-228 (1962) Municipal Corporations-Regulation Property-Federal Tax Lien-Divesti- of Streets 61-237 (1959) ture by State Forclosure Proceed- Municipal Corporations-Violation of ings 63-97 (1960) Municipal Ordinance-Liability of Property-Sale of an Undivided In- Abutting Owners and Occupants of terest in Realty for Federal Tax Streets and Sidewalks Lien 65-191 (1963) 63-385 (1961) Priorities-Loss of Federal Tax Lien 44-232 (1938) SUBROGATION Tax Consequences of Joint Ownership Insurance-Formation of the Contract of Property 61-167 (1959) -Subrogation 51-134 (1948) Taxation-Liability of Purchaser at Insurance-Subrogation-Waiver Tax Sale for Assessments on Prop- 56-61 (1954) erty 54-325 (1952) **Suretyship Law in W. Va. 68-3 (1965) TAX SALE & TITLES Constitutional Law-Construction of SUICIDE Constitutional Provision for Sale of Ophelia's Crime of Felo De Se Land for School Fund-Right of 42-228 (1936) Redemption Restricted Presumption Against Suicide in In- 51-56 (1948) surance Case, The 45-167 (1939) **Process in Forfeited and Delinquent Torts-Wrongful Death-Suicide Ac- Lands Suits-A Moot Question? tionable Where Induced by Defen- 54-47 (1951) dant 62-101 (1959) **Service of Process in a Delinquent SUMMARY JUDGMENT Lands Proceeding-A Suit that is See also Civil Procedure not a Suit 54-55 (1951) Procedure-First Case on New W. Some Observations on Bailey v. Baker Va. Civil Rules 64-359 (1962) 55-45 (1952) Procedure-The Sufficiency of the Taxation-Liability of Purchaser at Record in Opposing a Motion for Tax Sale for Assessments on Prop- Summary Judgment 65-323 (1963) erty 54-325 (1952) **Some Modern Procedural Develop- **Taxation and Land Titles under Ar- ments 46-134 (1940) ticle XIII of the W. Va. Constitu- tion 65-263 (1963) SURETYSHIP & GUARANTY TAXATION Guaranty-Promise of Banker "to In- sure" Deposit-Statute of Frauds See also Estate Tax; Gift Tax; Income Tax 41-161 (1935) *4 Accounting for Depreciation and De- Limitations of Action-Public Offi- cer's Bond 53-183 (1951) pletion 45-134 (1939) Principal and Surety-Discharge of **Achilles Heel of Constitutional Gov- Surety-Notice to Sue Principal-- ernment in America-The Use and Sufficiency of Notice 49-97 (1943) Abuse of Public Money Power, The 46-47 (1939) Principal and Surety by Implication of Law 48-185 (1942) Appeal From Circuit Court on Tax **Suretyship Law in W. Va. Matter of Valuation 47-344 (1941) *Applicability of State Inheritance Tax 68-3 (1965) Statutes to United States Savings SYLLABUS Bonds, The 59-342 (1957) Application for Refund *"Syllabus is the Law, The" An- 55-161 (1953) other Word 47-209 (1941) Apportionment of Income Derived *Courts-The Syllabus in W. Va.- from Interstate and Intrastate Ac- Law or Official Headnote tivities for the Purposes of State 58-274 (1956) Taxation 47-236 (1941) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 81 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

136 SUBJECT INDEX

Assessment of Undivided Interests- **Division of Values Approach to Estate Land Book Assessment Amendment Planning, The 63-1 (1960) 41-167 (1935) **Drafting and Revision of Wills and *Business Situs of Credits-Domestica- Trust Instruments under the Reve- tion of Foreign Corporation nue Act of 1948, The 51-250 (1949) 41-412 (1935) Due Process-Jurisdiction-Corporate **Canadian and British Death Tax Con- Amenability to Substituted Service ventions, The 50-55 (1946) of Process 65-63 (1962) Cash Basis to Accrual Basis-Inven- *Enforcement of Land Taxes in W. Va. tory Included 55-288 (1953) 44-377 (1938) Clifford Trusts-Unrestricted Control *Equality and Uniformity in Property Retained by Settlor-Trustee Taxes 62-70 (1959) 56-59 (1954) Estate Tax-Alimony 50-88 (1946) *Constitutional Aspects of Tangible Estate and Gift Tax-Gratuitous Con- Property Assessments veyance in Fee Simple-Oral Re- 68-300 (1966) tention of Enjoyment by Grantor Constitutional Law-Delegation of for Life 62-87 (1959) Power-School Board Tax on Re- *Ethical Problems and Responsibilities cordation of Instruments of the Tax Attorney 66-111 (1964) 61-78 (1958) Exchange of Principal Residence; Ex- Constitutional Law-Equal Protection change of Property Held for Pro- of Laws-Graduated Gross Sales ductive Use 61-154 (1959) Tax 41-422 (1935) Exemptions-Income Producing Real Constitutional Law-Federal Taxation Property of Charity 50-92 (1946) of State Liquor Monopoly Excise on Gasoline-Prior Payment as 41-76 (1934) Condition to Refund 50-90 (1946) Constitutional Law-State Taxation of *Excise Taxes in their Relationship to Federal Property in Possession of Property Taxes 46-21 (1939) Private Contractor 61-53 (1958) Taxation-Exemptions-Income Pro- Constitutional Law-Taxation of In- ducing Real Property of Charity terstate Commerce-Railroad Loop 50-92 (1946) Traffic 60-275 (1958) *Extent of Judicial Review of Ad- Constitutional Law-Taxation-Power ministrative Tax Determinations in of State to Tax Gross Receipts from W. Va. Contracts of the Federal Govern- 50-75 (1946) ment 44-215 (1938) Federal Income Tax-Right to Sub- Constitutional Law-W. Va. Better scribe to Stock of Another Corpora- Schools Amendment-Legislative tion as Taxable Income Extension Unconstitutional 41-93 (1934) 63-357 (1961) **Federal Taxation of Alimony Ar- Constitutionality of Tax-Refund Sta- rangements 56-88 (1954) tute 53-94 (1950) *"Financial Responsibilities of W. Va. Consumers Sales Tax-What Services Municipalities 52-208 (1950) Taxable 46-173 (1940) **Four Proposed Amendments to the Conversion of Capital Gains into Or- W. Va. Constitution dinary Income in Collapsible Cor- 60-303 (1958) porations 65-168 (1963) Gross Income-Cancellation of In- Deductions-Loans by Employee to debtedness as Constituting Taxable Corporation Deductible as Business Income 51-279 (1949) Bad Debts 64-94 (1961) *"Judicial Review of Administrative Ac- Deferred Compensation Plan for Con- tion in W. Va.-A Study in Separa- trolling Stockholder 60-200 (1958) tion of Powers 44-270 (1938) *Depletion Deduction as Applied to *"Known Generally as Corporate Se- Strip Mining, The 59-182 (1957) curities" 50-17 (1946) Disbursements to Frustrate State and *Liability for the Torts of Independent Municipal Laws-Deductions as Contractors in W. Business Expenses not Allowed Va. 55-216 (1953) 59-96 (1956) Liens-Priorities 57-229 (1955) Discrepancy Between the Enrolled Bill Municipal Corporations-Taxation- and the Official Published Copy of Validity of License and Use Taxes the Tax Refund Statute on Public Utility 61-226 (1959) 42-338 (1936) Negligence Penalty 51-197 (1949) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 82 et al.: Subject Index

SUBJECT INDEX 137

Nonrecognition of Gain Realized upon **Taxation and School Support in W. Involuntary Conversion of Invest- Va. 50-1 (1946) ment Property 65-171 (1963) W. Va. Law of Forfeited and Delin- 50-158 (1947) Occupational Tax-Lien for Unpaid quent Land, The Tax upon "Property Used in Busi- TENANCY ness" 48-78 (1941) See Joint Tenancy Ordinary and Necessary Expense- Capital Loss Distinguished THEFT 58-112 (1955) See Larceny *Power of a State to Tax Intangibles of a Foreign Corporation TIMBER 43-221 (1937) Timber-Right to Remove Timber for *Problem of Financing Municipal Cap- a Reasonable Time after Expiration ital Outlays in W. Va., The of the Contract 65-251 (1963) 41-276 (1936) TITLE TO LAND Priorities-Loss of Federal Tax Lien See also Deeds, Property, Real Estate 44-232 (1938) Attorney and Client-Liability for **Public and Public Welfare Property Title Certification 65-94 (1962) Tax Exemption in W. Va. Deeds-Construction as to Grantees- 55-171 (1953) Official or Representative Capacity Receipts from Extrastate Activity- 48-72 (1941) "Service" or "Collecting Income" Deeds-Estoppel by Deed-Effect of 50-94 (1946) Reference 57-217 (1955) Deeds-Validity of a Deed not Signed Receipt of Income-Satisfaction of Gran- Judgment after Assignment as In- by all Parties Designated as come to Assignor 50-98 (1946) tors 58-190 (1956) Ejectment----"Common Grantor" and **Refunds and Recovery of State Taxes "Common Source" Distinguished Erroneously, Illegally, or Uncon- 58-300 (1956) stitutionally Imposed in W. Va. Equity-Removal of Cloud on Title- 41-348 (1935) Right to Bring Suit when Defen- Right to Collect Post-Bankruptcy In- dant has Possession 50-180 (1947) terest, The 66-71 (1963) *Injunctions Against Trespass where **Some Accounting Problems in the Title is in Dispute 55-260 (1953) Preparation of the Partnership Re- turn of Income 50-44 (1946) **Limits of Title Search under the W. **Some Practical Comments on the Tax Va. Recording Act 56-20 (1954) (1946) Property-Material Change in Deed Practice 50-35 by Parties after Delivery Special Assessments for Local Im- 67-87 (1964) provements-Personal Property Lo- Some Observations on Bailey v. Baker cally Situated not Subject to Assess- 55-45 (1952) ment 50-100 (1946) **Taxation and Land Titles under Ar- State-Income Tax-Deducations ticle XIII of the W. Va. Constitu- 47-347 (1941) tion 65-263 (1963) Systematic Proportionate Overvalua- *Transfer of Title to Timber in W. Va., tion-Special Classification of Mon- The 52-228 (1950) eys and Credits of Building and Vendor-Purchaser-Right of Default- Loan Companies 50-102 (1946) ing Purchaser 55-291 (1953) Taxation and Interstate Commerce TORTS (1966) 68-422 See also Federal Tort Claims Act, Taxation of Interstate Commerce Federal Employers Liability Act, 54-327 (1952) Injuries, Prenatal Injuries, Joint Transferee Liability-A Capital Loss Tortfeasors 55-54 (1953) Absence of Privity on Implied War- ranty of Fitness 68-95 (1965) **Taxation and Land Titles Under Ar- Absolute Liability-Blasting-Damages ticle XIII of the W. Va. Constitu- by Concussion and Vibration tion 65-263 (1963) 54-70 (1951) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 83 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

Agency-Liability of Employer for Father's Action Against an Uneman- Acts of Independent Contractor cipated Son for Loss of Services of 56-54 (1954) Another Unemancipated Son Assault in Workmen's Compensation 62-206 (1960) Cases 61-288 (1959) Husband and Wife-Action for Negli- Assumption of Risk and Contributory gence Allowed Against Spouse Negligence as Separate Defenses 60-294 (1958) 61-157 (1959) Initial Recognition of Right of Priv- Assumption of the Risk-Workmen's acy-Allegation of Publication Un- Compensation-Nonsubscribers necessary to Maintain Action 44-406 (1938) 61-230 (1959) **Attorney Negligence... A Suit with- *Is the Food Manufacturer an Insurer in a Suit 60-225 (1958) of the Wholesomeness of his Prod- Attractive Nuisance Doctrine uct? 46-82 (1939) 58-432 (1956) Insurance-Subrogation-Waiver Automobiles-Degree of Care 56-61 (1954) 63-291 (1961) Interference with Contract-Liability Care Required of Driver Attempting where no Enforceable Contract to Pass Another Vehicle 58-302 (1956) 63-390 (1961) Intervening Cause-Liability of Origi- Charities-Charitable Corporations nal Tortfeasor for Subsequent Dam- Liability for Torts 53-76 (1950) ages to Property by a Repairman Comparison of Unauthorized Em- 61-159 (1959) balming and Unauthorized Autopsy, **Juridical Trauma and Medical Shock A 67-257 (1965) 59-1 (1956) Concurrent Causes 62-202 (1960) Landlord and Tennant-Duty to Re- Constructive Trusts 43-239 (1937) pair-Gratuitous Promise by Land- Contributory Negligence-Extent of lord 48-76 (1941) Duty to Protest Against Reckless Landowner's Liability to Child Tres- Driving 48-80 (1941) passers 60-393 (1958) Contributory Negligence-Instructions Liability for Defective Motor Vehic- 59-278 (1957) ular Brakes 68-107 (1965) Creditors' Rights-Tort Liability for Malpractice-Wrongful Death Action Fraudulent Conveyance Based on Breach of Contract 68-416 (1966) 64-447 (1962) Damages-Loss of Earnings-Federal Municipal Corporation-Absolute Li- Income Tax 60-378 (1958) ability for Disrepair of Streets Damages-Torts-Punitive Damages 67-77 (1964) Denied Against Joint Tort-Feasors Municipal Corporations-Duty to Re- 63-360 (1961) move Snow and Ice from Sidewalks **Debt Collection Torts 67-201 (1965) Liability of Abutting Owners and Doctrine of Last Clear Chance Occupants 59-90 (1956) 63-390 (1961) Negligence-Car Owner's Liability Doctrine of Ultra Vires in the United for Negligence of Thief after Leav- States Supreme Court Decisions, ing Ignition Keys in Car The 42-179, 189 (1936) 60-387 (1958) Evidence-Res Ipsa Loquitur-Does Negligence-Last Clear Chance-Ap- the Doctrine Raise a True Presump- plication of Doctrine where Plain- tion of Law or only a Permissible tiff Inattentive and Defendant sees Inference of Fact? 50-181 (1947) Plaintiff and had Opportunity to Evidence-Res Ipsa Loquitur-"Mod- Realize Danger 50-185 (1947) ern View" Applied 62-298 (1960) Negligence-Liability of Automobile Effect of Wilful and Wanton Conduct Driver Injuring others after Sud- on Parental Immunity, The den Physical or Mental Incapacita- 68-105 (1965) tion 58-429 (1956) **Excuse of Impossibility in W. Va. Negligence-Liability of a Charitable Contract Law, The 48-189 (1942) Hospital-Insurance Fall of the Charitable Immunity Doc- 55-155 (1952) trine, The 68-99 (1965) Negligence-Proximate Cause-For- False Arrest-False Imprisonment- seeability of Specific Injury Shoplifting 63-196 (1961) 60-108 (1957) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 84 et al.: Subject Index

SUBJECT INDEX 139

Negligence-Res Ipsa Loquitur-Ex- Unavoidable Accident 68-349 (1966) clusiveness of Defendant's Control Voluntary Assumption of Duty-Fed- Over Residual Circumstances after eral Tort Claims Act all Elements of Shared Control 58-312 (1956) Eliminated 51-69 (1948) Warranty of Vendor for Latent De- Negligence-Res Ipsa Loquitur-Pos- fects in Chattel Manufactured by sible Relaxation of the Requirement Third Person 62-98 (1959) of Exclusive Control in Bottled- **Workmen's Compensation, Conflict of Beverage Cases 60-110 (1957) Law and the Constitution Negligence-Res Ipsa Loquitur-Use 55-131, 233 (1953) Denied Gratuitous Guest Passenger Workmen's Compensation-Third in Action Against Driver of Motor Party Tortfeasor-Compensation Vehicle 59-284 (1957) Payment as Bar to Action New Action for "Wrongful Life" 52-133 (1950) 68-345 (1966) *Workmen's Compensation where In- New Test for Proximate Cause?, A jury Results from Exposure to the 65-85 (1962) Natural Elements 51-118 (1948) Parent and Child-Parent Liable for Wrongful Death Award-Adopted Tort of Child where Parent Negli- Children not Entitled to Share in gent in Failing to Restrain Child Award for Wrongeful Death of 64-354 (1962) Natural Father 60-401 (1958) Parent and Child-Right of Child to Wrongful Death-Liability of Hus- Recover in Tort Against Parent band if Wife Sole Beneficiary 55-75 (1953) 55-296 (1953) *Parental Liability Statute Wrongful Death-Liability of Per- 60-182 (1958) sonal Representative for Costs Prenatal Injuries-Child's Right to 55-298 (1953) Recover 63-83 (1960) Wrongful Death-Liquor Vendor not Private Hospitals-Liability for Re- Liable through Sale of "Nonintoxi- fusal to Provide Emergency Treat- cating" Beer for Torts of Intoxi- ment 64-234 (1962) cated Vendee 61-336 (1959) Property owner's Liability for Injuries Wrongful Death-Suicide Actionable to Public Employees 66-258 (1964) Where Induced by Defendant Recovery for Fright and Shock with- 62-101 (1959) out Impact 61-163 (1959) TRADE DISPUTES **Removal of Limitation of Recoverable Arbitration and Award-Validity of Amount in Actions for Wrongful Award-Scope of Submission Death and Extending Right of Ac- Agreement 51-126 (1948) tion Generally for Injury to Per- **Government by Injunction? son or Property 48-255 (1942) 52-217 (1950) Rights of Children to Recover for a **Negotiation, Mediation and Especially Negligent Injury to their Parents Arbitration in Labor Disputes 64-453 (1962) 51-201 (1949) Right of Privacy-Violation by Un- *Taft-Hartley Act and the Balance of authorized Publication of Picture Power in Labor Relations, The for Commercial Use 48-291 (1941) 51-141 (1949) **Some Spadework in the Implied War- **Trends in the Administration of the ranty of Authority 48-96 (1942) Taft-Hartley Act 51-152 (1949) Statute and Ordinance Obligations as Unemployment Compensation-Dis- Evidence of Landlord's Duty to qualification of "Rank and File" Trespasser 67-92 (1964) Union Members for Compensation Statute of Limitations-Federal Em- During Strike of Foreman's Union ployers' Liability Act-Continuing 51-137 (1948) Wrongs 62-94 (1959) TRADE MARK & TRADE NAME Statute of Limitations on Malpractice Meaning, The 68-220 (1966) *Doctrine of Secondary 62-254 (1960) Statutes of Limitations-Malpractice Jurisdiction-Goods of Different Actions involving Objects Left in Classes 41-169 (1935) Surgical Patients 64-103 (1961) Trade Regulation-Trade Names, **Thrust of Tort Law, The Trade-Marks, Service Marks 64-1, 115, 241 (1961-62) 66-156 (1964) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 85 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

Unfair Competition-Infringement of Liability for Unintentional, Non- a Trade Name 66-149 (1964) Negligent Entry 65-332 (1963) Unfair Competition-Infringement of Negligence-Railroads-Duty Owing Trade Name-Prerequisites to En- Trespassers and Licensee-Effect of join 58-209 (1956) Exceeding License 49-95 Unfair Competition--Switch Selling Oil and Gas-Damages for Wrongful Method-Enjoined and Held Liable Geophysical Exploration for its Profits 59-215 (1957) 41-89 (1934) TRADE REGULATION Torts-Compensation under Fifth Amendment for Airplane Noise *Construction Workers in Interstate 65-193 (1963) Transportation 51-264 (1949) Torts-Landowner's Liability to Child Fair Labor Standards Act-Contingent Trespassers 60-393 (1958) Fee Agreement-Allowance of Rea- Torts-Statute and Ordinance Obliga- sonable Attorney's Fee under FLSA tions as Evidence of Landlord's Conditioned upon Attorney's Sur- Duty to Trespasser 67-92 (1964) render of Contingent Fee Agree- '*Use of the Containing Space after the ment 51-275 (1949) Removal of Subsurface Minerals Fair Labor Standards Act-Regular 55-202 (1953) Rate of Pay-Existence thereof TRIAL Where Sole Wages Consist of Tips Trial-Argument of Council-Use of 51-277 (1949) Formula not Based on Evidence Monopolies-Status of Requirements 64-237 (1962) Contracts under the Clayton Act Argument of Counsel-Use of a For- 52-71 (1949) mula not Based on Evidence **Taft-Hartley Act and the Balance of 64-454 (1962) Power in Labor Relations, The Criminal Law-Administrative Law 51-141 (1949) and the Right to Trial by Jury Trade Names, Trade-Marks, Service 68-73 (1965) Marks 66-156 (1964) **Correction of Error on Motion **Trends in the Administration of the 55-1 (1952) Taft-Hartley Act 51-152 (1949) Criminal Law-Conspiracy-Defen- Unfair Competition-Infringement of dent has Absolute Right to Separate a Trade Name 66-149 (1964) Trial 64-110 (1961) Criminal Law-Disqualification of TREATIES Jurors 66-35 (1963) Comparative Law-Consular Agent Criminal Law-Double Jeopardy- Representing His National as Bene- ficiary 68-182 (1966) New Trial After Reversal for In- Constitutional Law-Treaties-The sufficient Evidence 62-109 (1959) United Nations Charter as the Criminal Law-Presence of Accused Supreme Law of the Land during Trial 45-82 (1938) 53-79 (1950) Criminal Law-Right to a Public Trial -Courtroom Barred to Public **Safeguarding Atoms-For-Peace: U. 60-372 (1958) Agreements with Other K. Bilateral Criminal Law--Statute Providing for Nations 68-263 (1966) Transcripts without Charge to In- TRESPASS digent Persons Convicted of Crimes Eminent Domain-Constitutional Tak- -Right to Cross-Examination ing-Recovery Against Municipal 61-164 (1959) Airport by Adjacent Property Own- Criminal Law-Trial Procedure-Im- ers 62-398 (1960) proper Remarks of Prosecutor as Federal Courts-Jurisdiction of Tres- Grounds for Reversal 60-375 (1958) pass and False Imprisonment **Mechanism of our Jury System 58-101 (1955) Should be adjusted and Lubricated, *Injunctions Against Continued Tres- The 56-39 (1954) passes 43-70 (1936) New Hope for the Defense the Rule *Injunctions Against Trespass Where of Botta v. Brunner 61-302 (1959) Title is in Dispute 55-260 (1953) **Objections and Exceptions *Insolvency as Ground of Equity Juris- 52-12 (1949) diction in W. Va. 41-66 (1934) Procedure-Trial Judge's Discretion- Land Owner Versus the Airport, The Mandamus and Prohibition 50-145 (1947) 61-238 (1959) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 86 et al.: Subject Index

SUBJECT INDEX

**Relation of Trial Counsel to the Pub- Lease of Trust Property Beyond Term lic, The 61-260 (1959) Approved 59-209 (1957) *Scope of Permissible Cross-Examina- **Liability of Trustees under the W. Va. tion of a Party Litigant or Defen- Trust Investment Statute, The dant in a Jury Trial in W. Va., The 47-127 (1941) 66-317 (1964) Limitations on Distributions from **Trial by the Court without a Jury Incompetent's Estate 67-320 (1965) 54-1 (1951) Necessity of a Trust Res Unintended Courtroom Influence- 48-293 (1942) When new Trial Warranted Necessity of a Trust Res 62-416 (1960) 43-241 (1937) Property-Federal Tax Lien-Divesti- TRUST ture by State Forclosure Proceed- See also Cy Pres, Administrators, Con- ings 63-97 (1960) structive Trust, Spendthrift Trust Property-Restraint on Alienation **Bankruptcy-Rights and Powers in 67-89 (1964) Chapter XIII 68-375 (1966) *Recovery of Insurance when Bene- Banks and Banking-Special Deposits ficiary Causes Death of Insured 45-284 (1939) 57-85 (1955) Charities-Charitable Corporations Right to Reach Spendthrift Trust for Liability for Torts 53-76 (1950) Maintenance of Minor Children Conflict of Laws-Law Governing 58-114 (1955) Testamentary Trusts Involving **Sole Beneficiary Problem in W. Va., Movables 66-240 (1964) The 49-132 (1943) Constructive Trusts-Acquisition of *Spendthrift Trusts in W. Va. Property by Murderer-Tenancy by 44-48 (1937) the Entirety 59-84 (1956) Taxation - Exemptions - Income - *Constructive Trusts in W. Va. Producing Real Property of Charity 45-357 (1939) 50-92 (1946) Corporation as Beneficiary under *Trust Investments in W. Va. Constructive Trust as Outstanding 46-258 (1940) Corporate Bonds 42-168 (1936) Corporations-Stock Transfer by *Trust Preferences of Depositors in Trustee in Fraud of Cestui--Cor- Bank Insolvency in W. Va. porate Liability under Uniform 41-70 (1934) Fiduciaries Act 51-191 (1949) ULTRA VIRES *Cy Pres Doctrine in W. Va., The See also Corporations 58-169 (1956) **Doctrine of Ultra Vires in United Deposit of Trust Funds in Trustee's States Supreme Court Decisions Private Account-Liability of Bank 42-179 (1936) for Subsequent Misappropriation 47-69 (1940) UNAUTHORIZED PRACTICE OF Distinction Between Debt and Trust LAW Arrangement in Bank Deposit See also Legal Ethics 44-408 (1938) *Unauthorized Practice of Law, The **Drafting and Revision of Wills and 62-248 (1960) Trust Instruments under the Re- Practice of Law-Completion of Legal venue Act of 1948, The Instruments by one not an Attor- 51-250 (1949) ney 65-337 (1963) Fiduciary-Right to Collect Extra Compensation for Legal Services UNDUE INFLUENCE 45-85 (1938) See also Wills Income Taxation-Clifford Trusts- Duress by Third Party-Economic Com- Unrestricted Control Retained by pulsion Applied by Beneficiary of Settor-Trustee 56-59 (1954) Duress-Avoidance of Release Income Taxation--Contribution to Therefor 46-91 (1939) Employees' Savings Trust Torts-Constructive Trusts 66-46 (1963) 43-239 (1937) **"Known Generally as Corporate Se- *Undue Influence as Affecting Wills curties" 50-17 (1947) in W. Va. 46-168 (1940) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 87 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

Wills-Weight of the Evidence in Sales-Notice Filing Under Uniform Proving Undue Influence Commercial Code 66-61 (1963) 67-265 (1965) Sales-Persons Protected by Warran- ties under the Uniform Commercial UNEMPLOYMENT INSURANCE Code-Employee of Buyer Held not Benefits-Eligibility-Refused to Ac- Protected 65-326 (1963) cept "New Work" 57-231 (1955) Sales-Uniform Commercial Code- Disqualification of "Rank and File" Consideration for Modification of a Union Members for Compensation Contract 65-330 (1963) During Strike of Foreman's Union **Secured Credit in Personal Property 51-137 (1949) Transactions: An Introduction to Disqualification-Voluntary Idleness Article 9 of the Uniform Commer- 57-127 (1955) cial Code 64-598 (1962) Leaving Employment Voluntarily **Some Conflict of Laws Problems Re- Without Cause-"Involving Fault lating to Negotiable Instruments on the Part of the Employer 66-91 (1964) 52-75 (1949) *Uniform Commercial Code--Secured **Recent Amendments to the W. Va. Transactions and the W. Va. Land- Unemployment Compensation Law lord's Lien, The 65-40 (1962) 49-122 (1943) **Uniform Commercial Code Bulk Sales Article Compared with W. Va. Law, UNFAIR COMPETITION The 64-385 (1962) *Doctrine of Secondary Meaning, The **Uniform Commercial Code Sales 62-254 (1960) Article Compared with W. Va. Equity-Unfair Competition-Injunc- Law, The 64-32, 142, 260 (1961-62) tion Granted Against Community Antenna 65-69 (1962) UNIFORM CONDITIONAL SALES Infringement of a Trade Name ACT 66-149 (1964) *Property in the Goods under W. Va. Trade Marks and Trade Names-Un- Law 60-255 (1958) fair Competition-Switch Selling *Uniform Conditional Sales Act-An Method-Enjoined and Held Liable Annotation 58-279 (1956) for its Profits 59-215 (1957) Trade Regulation-Monopolies- Sta- UNIFORM NEGOTIABLE INSTRU- tus of Requirements Contracts Un- MENT ACT der the Clayton Act 52-71 (1949) **Comparison of the Drawee's Rights News-Literary Property on Altered Instruments under the 56-74 (1954) Common Law, NIL and UCC, A 66-293 (1964) UNIFORM COMMERCIAL CODE **Some Conflict of Laws Problems Re- **Bank--Cstomer Relations under the lating to Negotiable Instruments Uniform Commercial Code 66-91 (1964) 64-657 (1962) **Comparison of the Drawee's Rights UNIFORM SALES ACT *Property in the Goods under W. Va. on Altered Instruments under the Common Law, NIL and UCC, A Law 60-255 (1958) 66-293 (1964) UNIFORM TRUST RECEIPTS ACT *Implied Warranty and Trichinosis 65-287 (1963) Security Transactions-Uniform Trust **An Introduction to the Uniform Com- Receipts Act 66-345 (1964) mercial Code 64-28 (1961) **Letters of Credit and the W. Va. Law UNIONS 64-363 (1962) See also Labor Law Negotiable Instruments-Defenses Attorney and Client-Union Pro- Available Against Holder in Due grams to Obtain Legal Counsel Course 66-53 (1963) 67-66 (1964) **Negotiable Instrument Law under the **Determination of the Appropriate Unit for Collective Bargaining Uniform Commercial Code 54-17 (1951) 64-457 (1962) *Ethical Problem in the Representation **Product Liability and Disclaimers in of Union Members by Union At- W. Va. 67-291 (1965) torneys 63-348 (1961) **Indicates a leading article *Indicates a student note https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 88 et al.: Subject Index

SUBJECT INDEX

**Government by Injunction? Income Tax-Fair Market Value of 52-217 (1950) Overriding Royalty Interest-Im- *Hot Cargo Clauses as a Defense to plied Reserved Economic Interest Union-Induced Secondary Boy- 62-277 (1960) cotts 61-118 (1959) **Limits of Title Search under the Labor-Redress Against Arbitrary W. Va. Recording Act Expulsion 63-94 (1960) 56-20 (1954) Labor Law-Ambulatory Employer- Real Property-Contract to Purchase Picketing 56-64 (1954) Husband and Wife 57-227 (1955) Labor Law-Collective Bargaining- *Rescission for Breach of Seller's War- Rent on Company Owned Houses ranty 43-134 (1937) 56-67 (1954) Rescission of Contract-Tender of Labor Law Member's Right to Pre- Possession 41-96 (1934) sence of Counsel in Union Hearing Rights of Defaulting Purchaser 68-207 (1966) 55-291 (1953) Labor Relations-Union-Employer Sales--Implied Warranty of Food Contract-Employee's Rights Sold in Bulk by Retail Dealer- 55-153 (1953) Liability to the Purchaser **National Labor Relations Board, The 46-348 (1940) 56-79 (1954) Torts-Warranty of Vendor for La- **Negotiation, Mediation and Especial- tent Defects in Chattel Manu- ly Arbitration in Labor Disputes factured by Third Person 51-201 (1949) 62-98 (1959) **Revision of the Taft-Hartley Act *Transfer of Title to Timber in W. Va., 55-91 (1952-53) The 52-228 (1950) **Taft-Hartley Act and the Balance of Power in Labor Relations, The VENUE (1949) See also Jurisdiction 51-141 Federal Courts-Personal Jurisdiction **Trends in the Administration of the not Required in Transfer to Cure Taft-Hartley Act 51-152 (1949) Venue Defect 65-79 (1962) Unemployment Compensation-Dis- Federal Courts-Venue---"Residence" qualification of "Rank and File" of Defendant in Federal Reserva- Union Members for Compensation tion Grounded on State Laws Con- During Strike of Foreman's Union cerning Admission of Foreign Cor- 51-137 (1948) porations 51-195 (1949) Juries-Change of Venire-Discretion USURY of Trial Judge 58-205 (1956) Negotiable Instruments-Usury- Nonresident Motorist Statute Laches 44-78 (1937) 56-133 (1954) *Usury Laws as Applied to Credit Sales Nonresident Motorist Statutes and -The Need for Revision Action in Federal Courts 63-42 (1960) 57-131 (1955) Procedural Rather than Jurisdictional VALUATION -Venue Statutes Treated as Rules Eminent Domain-Obsolete Buildings of the Court 59-100 (1956) -Proof of Value 51-63 (1948) Procedure-Effect of Dismissal of Taxation-Systematic Proportionate Venue--Giving Defendant Overvaluation-Special Classifica- 66-59 (1963) tion of Moneys and Credits of Rules of Civil Procedure-Interposing Building and Loan Companies Counterclaim-Effect on Venue and 50-102 (1946) Jurisdiction 63-287 (1961) **Valuation of Leasehold Estates in **Some Problems in Venue and Juris- Eminent Domain 67-101 (1965) diction 49-112 (1943) **Twenty Years of W. Va. Marriage VENDORS & PURCHASERS and Divorce Law 58-128 (1956) See also Sales **Effects of the Autonomy of the VERDICTS Parties on the Validity of Conflict- Criminal Law-Integration of Find- of-Laws Sales Contracts, The ing of Guilt and Recommendation 62-223 (1960) of Clemency 51-193 (1949) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 89 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

SUBJECT INDEX

**Judgment Non Obstante Veredicto WARRANTY 51-14 (1948) See also Product Liability *Jurors and the Sanctity of Their Ver- **Comparison of the Drawee's Rights dicts 63-261 (1961) on Altered Instruments Under the **Law of Medical Malpractice in Common Law, NIL and UCC, A W. Va., The 41-35 (1934) 66-293 (1964) **Requirement of Consent of Three- *Implied Warranty and the Sale of Restaurant Food 63-326 (1961) Fourths of Jury to Verdict in Civil *Is the Food Manufacturer and Insurer Actions, Abolishing Law of Un- of the Wholesomeness of His Pro- animous Consent 48-149 (1942) duct? 46-82 (1939) *Implied Warranties in W. Va. 44-206 (1938) See also Agency, Master & Servant, **Product Liability and Disclaimers in Negligence, Parent & Child W. Va. 67-291 (1965) VIEWS *Rescission for Breach of Seller's War- **Evidentiary Effect of a View-An- ranty 43-134 (1937) Sales-Implied Warranty of Canned other Word, The 58-69 (1955) Food 43-84 (1936) **Evidentiary Effect of a View: Stare Sales-Implied Warranty of Food Decisis or Stare Dictis?, The Sold in Bulk by Retail Dealer- 53-103 (1951) Liability to the Purchaser 46-348 (1940) VOTING **Some Spadework on the Implied War- See also Elections ranty of Authority 48-96 (1942) *Legislative Reapportionment: Baker Torts-Absence of Privity on Implied v. Carr 65-129 (1963) Warranty of Fitness 68-95 (1965) Cumulative Voting and Classified Torts-Warranty of Vendor for Latent Directorates 64-325 (1962) Defects in Chattel Manufactured by Third Person 62-98 (1959) WAGES **Use of the Containing Space after the *Computation of "Overtime" Pay under Removal of Subsurface Minerals the Bay Ridge Case 51-186 (1949) 55-202 (1953) Fair Labor Standards Act-Regular WATER & WATERCOURSES Rate of Pay-Existence Thereof Constitutional Law-Municipal Cor- Where Sole Wages Consent of Tips porations-Fluoridation of Water 51-277 (1949) Supplies 57-205 (1955) **Legal, Economic and Policy Aspects Railway Bridge as Obstructing the of Wage Stabilization Flow-Liability for Damages Re- 53-289 (1951) sulting from Unusual Flood **Revision of the Taft-Hartley Act 42-263 (1936) 55-91 (1952) Riparian Rights-Extent of Owner's Title 53-96 (1950) WAIVER **Some Aspects of Tort Liability in the Constitutional Law-Waiver of Coun- Mining of Coal 61-243 (1959) sel-Capacity to Waive **Water for Mushrooming Populations 60-399 (1958) 62-1 (1959) Insurance-Authority of Agent to **Water Law in W. Va. 66-191 (1964) Waive Conditions of Policy 58-201 (1956) WILLS Insurance--Subrogation-Waiver See also Executor & Administrator; 56-61 (1954) Future Interest; Gifts; Inheritance & Succession; Probate Law Revoca- WAR tion; Undue Influence Contracts - Insurance - Interpreta- Abatement of Legacies-Intent of tion of Word "War" Testator 47-160 (1941) 55-149 (1952-53) *Age of Testamentary Capacity to *Due Process and the Wartime Draft Make Soldiers' and Sailors' Wills of Manpower 49-79 (1943) 49-162 "Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 90 et al.: Subject Index

SUBJECT INDEX

**Doctrine of Advancements, The Oil and Gas-Habendum Clause-- 63-229 (1961) Exercise of Due Diligence Extends Descent-Statute Amended-Advances the Lease Beyond the Primary Term Husband and Wife 60-206 (1958) Although the Production Was Not Capacity 60-212 (1958) Marketed Owing to the Lack of Class Gifts-Determination of Mem- Pipe Line Facilities 58-309 (1956) bers of Class 47-242 (1941) *Oral Contracts to Devise and Bequeath Conflict of Laws-Law Governing in W. Va. 58-398 (1956) Testamentary Trusts Involving Property-Liability of Attorney to Movables 66-240 (1964) Beneficiary in Preparing a Will Construction-After-Acquired Proper- 64-361 (1962) ty 46-95 (1939) Right of an Adopted Child to take Construction of Ambiguous-Residu- as a Class Remainderman ary Clause-Fee Simple or Life 65-246 (1963) Estate 60-114 (1957) Subsequent Will Containing Express Clause of Revocation-Time Re- Construction of Contingent Limitation vocation Takes Effect 63-86 (1960) -- 'or" Held to mean "and" Time for Contest-Admission to Pro- 45-387 (1939) bate of Non-Testamentary Instru- Construction-Intent of Testator Para- ment 52-77 (1949) mount Aim 62-211 (1960) *Undue Influence as Affecting Wills in Construction-"Share" Construed as W. Va. 46-168 (1940) Remainder 47-350 (1941) Void Residuary-Intestacy-Right of **Critical Study of the Probate System Nonrenouncing Spouse to Share in W. Va., A 67-22, 116 (1965) 55-293 (1953) Weight of the Evidence in Proving Denial of Right of Renunciation to Undue Influence 67-265 (1965) Administrator of Incompetent Witnesses-Whether Acknowledgement Widow 65-252 (1963) of Signature Meets Requirement Devise of Specific Portion of Prop- That Witnesses Sign in the Pre- erty Held in Cotenancy sence of Each Other 45-87 (1938) 66-64 (1963) Descent-Statute Amended-Advances WIRE TAPPING Husband and Wife 60-206 (1958) *Admissibility of Wire-Tapped Evi- **Drafting and Revision of Wills and dence at Common Law Trust Instruments under the Re- 58-268 (1956) venue Act of 1948, The Constitutional Law-Search and Sei- 51-250 (1949) bure-Telecommunications 63-63 (1960) Equitable Conversion 67-326 (1965) Evidence-State Wiretapping-Federal Equitable Conversion by Will-Right Injunctions in State Prosecutions of Residuary Devisee to Rents 63-292 (1961) 44-66 (1937) Evidence-Wiretapping-Admissibility Estate Tax-Marital Deduction For- of Matter Illegally Obtained mula Clause 66-336 (1964) 60-292 (1958) Holographic Cancellation of Life WITNESSES Estate Also Cancels Remainder 60-396 (1958) See also Expert Witnesses, Privileges Informal Revocation 41-172 (1935) Communications, Self Incrimina- tion Intent of Testator---"Grandchildren" *Are Physicians Exempt from Testify- as Including Children of Illegiti- ing? 41-298 (1935) mate Son 45-179 (1939) *Business Records as Evidence in *Implied Revocation of Wills in W. Va. W. Va. 60-321 (1958) 67-57 (1964) Criminal Law-Insane Persons-Com- *Joint and Mutual Wills in W. Va. petency to Stand Trial 55-263 (1953) 58-94 (1955) Letters of Administration *Compulsory Attendance of Nonresi- dent Witness 61-292 (1959) 66-268 (1964) Constitutional Law-Witnesses-Privi- Mutual Wills of Husband and Wife-- lege Against Self-Incrimination Intent of Survivor 47-243 (1941) 60-278 (1958) **Indlcates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 91 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

146 SUBJECT INDEX

Courts-Place for Holding Session Wills-Witnesses-Whether Acknowl- 54-165 (1952) edgement of Signature Meets Re- Criminal Law-Production of Govern- quirement That Witnesses Sign in ment Records-Confidential Char- the Presence of Each Other acter 60-99 (1957) 45-87 (1938) Criminal Law-Witnesses-Compul- **W. Va. Dead Man's Statute, The sion of Spouse to Testify 60-239 (1958) 63-93 (1960) WORKMAN'S COMPENSATION Cross-Examination-Waiver of Self- Administrative Law-Finality of Find- Incrimination Privilege by Defen- ings by Administrative Body-Bur- dant Who Testifies in His Own Be- den of Proof in Death Cases Before half 61-79 (1958) Workman's Compensation Appeal Evidence-Admissibility of Opinion Board 54-72 (1951) Evidence by a Layman Aggravation of Hernia under the 62-300 (1960) W. Va. Statute 45-88 (1938) Evidence-Admissibility of Testimony *Assault in Workmen's Compensation of Physician Retained Solely as a Cases 61-288 (1959) Witness 62-274 (1960) Average Weekly Wages Evidence-Competency of Husband 68-426 (1966) and Wife to Testify to Nonaccess Award as a Proper Subject for Re- During Time of Conception mittitur in an Action Against Third 66-38 (1963) Parties 63-90 (1960) in Evidence-Admissibility of Testimony Award as Pro Tanto Satisfaction of Employee's Subsequent Action by Expert Opinion-Province Tort-feasors Jury 62-212 (1960) Against Concurring Evidence-Incompetency of Witnesses 54-172 (1952) -Time of Objection 43-338 (1937) **Brief Survey of the W. Va. Law of Evidence-Past Recollection Recorded Compensibility, A 62-303 (1960) -Present Recollection Revived Co-Employee's Liability for Personal 63-73 (1960) Injury to Fellow Worker 62-200 Evidence-Prohibition of Spousal Compensable Injury 65-96 (1962) Testimony in Criminal Trials- **Conflict of Law and the Constitution Common Law Rule 61-323 (1959) 55-131, 233 (1953) Evidence-Reported Testimony of De- Damages-Collateral Source Rule Simi- 63-177 (1961) ceased Witness-Substantially and lar Offenses 51-67 (1948) Death Benefit Awards to Partial of Learned Treatises Total Dependents 46-267 (1940) Evidence-Use of a in Cross-Examination of Expert Domestic Relations-The Effect Witness 68-329 (1966) Bigamous Marriage in a Workman's Evidence and Compensation Proceeding Evidence-Weight of 65-57 (1962) Credibility of Witnesses-Juror's Common Knowledge and Experi- Constitutional Law-Due Process- (1958) Liability Without Fault ence 60-289 47-149 (1941) Evidence-Witnesses - Impeachment of Court Witness by Prior State- Effective Date of Modification of (1963) Award 46-354 (1940) ments 65-164 Right to Subrogation **Law of Medical Malpractice in Employer's 41-35 (1934) 47-351 (1941) W. Va., The Negligent Municipal Corporations-Duty to Pro- Employee's Right to Sue a Informer-No Liability Co-employee 65-96 (1962) tect Police Within Statutory for Injury to Informer Filing Application 58-305 (1956) Period 46-98 (1939) Constitutional Law-Impairment of Personal Transactions with Persons Contract-Retrospective Limitations Deceased at Time of Trial on Claims under Optional Compen- 57-135 (1955) sation System 48-58 (1941) Power to Compel Expert Testimony Injury Arising Out of and in the 51-74 (1948) Course of Employment *Scope of Permissible Cross-Examina- 61-233 (1959) tion of a Party Litigant or Defen- Injury by Co-Employee-Immunity of dant in a Jury Trial in W. Va., The Employer Extended to Third Party 66-317 (1964) 59-101 (1956)

**Indicates a leading article *Indicates a student note

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 92 et al.: Subject Index

SUBJECT INDEX 147

Injury in Course of Employment- Form of the Original Writ in W. Va. Transportation to Work in Em- 42-237 (1936) ployer's Conveyance 42-77 (1935) Pleading and Practice-Writ of Error **Judicial Review of Administrative Ac- -Special Bill of Exception-Speci- tion in W. Va.-A Study in Separa- fication of Error 58-110 (1955) tion of Powers 44-270 (1938) Procedure-Trial Judge's Discretion- **Law of Medical Malpractice in Mandamus and Prohibition W. Va., The 41-35 (1934) 61-238 (1959) Meaning and Effect of Casual Em- Writ of Probition 68-62 (1965) ployer Previse 58-314 (1956) Mental and Emotional Attitude of WRONGFUL DEATH Employee Considered Factor in Re- See also Torts covery 61-75 (1958) Adopted Children not Entitled to Mines and Mining-Company Rules- Share in Award for Wrongful Death Necessity for Proper Approval of Natural Father 60-401 (1958) 48-83 (1941) Conflicts of Law-Place of the Wrong Misleading Information by Commis- Rule in Wrongful Death Action sioner as Grounds for Estoppel 67-304 (1965) 48-294 (1942) Wrongful Death Measure of Damages Notice of time for Objection to the -Substantive or Procedural? Initial Findings of the Commission- 65-146 (1963) er 54-329 (1952) Liability of Husband if Wife Sole Permanent Total Disability Rating- Beneficiary 55-296 (1953) Effect of Returning to Work Liability Of Personal Representative 46-101 (1939) for Costs 55-298 (1952-53) *Personal Injury within the Meaning of Nature of Award-Whether the the W. Va. Workmen's Compensa- Award Is Part of the Estate of the tion Act 43-154 (1937) Deceased 45-380 (1939) Rights of Claimant Whose Injuries Pleading-Wrongful Death Action- Were the Result of "Horseplay" Improper to Include Claim for 64-107 (1961) Property Damages 57-113 (1955) Risks Covered-Shock and Exhaustion **Recovery of Damages for Injuries from Being lost in Coal Mine Sustained by Children in Ventre Sa 41-295 (1935) Mere 65-197 (1963) Silicosis-Application for Benefits **Removal of Limitation of Recoverable 55-164 (1953) Amount in Actions for Wrongful Statute of Limitations-Federal Em- Death and Extending Right of Ac- ployers' Liability Act (FELA) tion Generally for Injury to Person 62-112 (1959) or Property 48-255 (1942) Statute of Limitations-Federal Em- Torts-Malpractice-Wrongful Death ployers' Liability Act--Continuing Action Based on Breach of Contract Wrongs 62-94 (1959) 64-447 (1962) Third Party Tortfeasor-Compensa- Torts-Wrongful Death-Liquor Ven- tion Payment as Bar to Action dor Not Liability Through Sale of 52-133 (1950) "Nonintoxicating" Beer for Torts or Time of Accrural of Liability-Sili- Intoxicated Vendee 61-336 (1959) cosis-Meaning of "in the Same Torts-Wrongful Death---Suicide Ac- Employment" 48-296 (1942) tionable where Induced by Defen- Torts-Wrongful Death-Suicide Ac- dant 62-101 (1959) tionable Where Induced by Defen- Wills-Letters of Administration dant 62-101 (1959) 66-268 (1964) Workmen's Compensation where In- ZONING jury Results from Exposure to the **Municipal Zoning and Land Use Re- Natural Elements 51-118 (1948) gulation 53-301 (1951) **Workmen's Compensation, Conflict *Modern Tendency Toward the Protec- of Law and the Constitution tion of the Aesthetic, The 55-131, 233 (1953) 44-58 (1937) **Municipal Zoning and Land Use Re- WRITS gulation 53-301 (1951) See also Names of Writ **Reservation of Highway and Street Constitutional Law-Public Health- Rights of Way by Official Maps Mandamus 58-427 (1956) 66-73 (1964) **Indicates a leading article *Indicates a student note

Disseminated by The Research Repository @ WVU, 1967 93 West Virginia Law Review, Vol. 69, Iss. 4 [1967], Art. 7

https://researchrepository.wvu.edu/wvlr/vol69/iss4/7 94