INDEX-DIGEST

Acceptance deported 840 See Offer and Acceptance Eligibility of Japanese to citizenship Accident 510 See Insurance Eligibility of Hindu to citizenship 625 Naturalization: appeal from hearing Accord and Satisfaction before city court 733 Liability of debtor on an executory ac- Refusal of State Department to issue cord 82 passport on ground of expatriation Administrative Law as conclusive on court on question See also Public Officers, Constitutional of citizenship 195 Law, International Law, Quo War- Right of Alien Enemy Property. Cus- ranto todian to take possession after de- Immunity of governmental agency claration of peace of alien enemy from suit 283 property which has been demanded Judicial non-interference with findings before "the end of the war" 405 of fact of commission 413 Liability of bond commissioner for Alimony See Marriage and Divorce loss of public funds 290 Power of courts to review administra- Animals tive decisions 735 Validity of ordinance providing against Admiralty goats being left within fifty feet of Assumption of risk in maritime law a dwelling house 280 280 Anti-Trust Laws Extent of admiralty jurisdiction in re- Contracts in restraint of trade 514 lation to application of workmen's Resale price maintenance 676-705 compensation acts 283 Appeal and Error Lien on ship for non-acceptance of Right of state to retrial in criminal freight 744 cases 93 Loss of action for wrongful death after reliance upon unconstitutional Appointment statute 625 See Powers Place of suit in libel in personam Army and Navy against United States 839 Engagement in military service in time Salvage of one government vessel by of war as bar to recovery on insur- another 183 ance policy, though death is caused Adoption by accident 94 Legitimation by adoption as confer- Reforms in system of military justice ring status recognized in foreign 146-155 jurisdiction 86 Assignments Advancements Assignability of easements in gross See Wills 813 Adverse Possession Assumption of Risk Adverse possession in case of tenants Assumption of risk in maritime law in common 744 280 Constructive adverse possession of Distinction between assumption of risk tracts separately described in void and contributory negligence 193 deed 839 Attachment Definition of exclusiveness 199 Rehypothecation of securities by Title by innocent mistaken occupation pledgee as "debt fraudulently con- 510 tracted," giving pledgor power to Agency attach property of pledgee 183 Capacity of infant to appoint agent Attorneys 295 Applicability of in pari delicto theory Forwarding agents: nature of 615 to attorney and client 745 Independent contractor: tort liability Liability of attorney for damages of 290 proximately resulting from negligent Liability of master for injury to in- performance of professional duties vitee 195 279 Aliens Liability of community property for Effect of marriage to American citi- payment of attorney's fee 626 zen of alien woman ordered to be Practice of law by corporations 512 YALE LAW JOURNAL

Attractive Nuisance tions: failure to use safety devices See Negligence 413 Automobiles Duty of bank to set off deposits of in- Application of law of nuisance to un- dorser 284 registered automobiles 394 Power of collecting bank to charge Contributory negligence of passenger back checks with forged indorse- in automobile 192 ment 615 Liability of owner of automobile for Liability of creditor who bona fide re- injuries to driver's guest 195 ceives converted money from em- Liability of owner to forfeit automo- bezzler in payment of debt I95 bile carrying intoxicating liquors in Right of drawer to recover proceeds violation of statute 197 of forged checks from one who re- ceives payment from drawee bank Aviation 837 Hydro-aeroplane as "floating struc- Liability to bank of maker of note for ture" 196 purpose of puffing its assets 730 Bailments Reacquisition by holder with notice Consideration for promises by a gra- of fraud after indorsement to inno- tuitous bailee 6o9 cent indorsee . 510 Liability of gratuitous bailee 849 Revocability of certification on checks Bankruptcy 733 Rights of holder of certificate of de- Classification governed by occupation posit at date of act of bankruptcy 184 issued by bank cashier for his Priority of wages due managers personal benefit, and for which no of funds have been deposited 82 corporation 400 Rescission for fraud and preference in Boundaries bankruptcy 267 Determination of boundaries by bank Right of trustee in bankruptcy to re- of river 627 cover gaming losses 744 Brokers Validity of contract to procure election Conversion by stockbroker of money of trustee in bankruptcy 401 received for purchase of stock on Banks and Banking margin: larceny 286 Check: certification by telegram 295 Liability of owner upon revocation, by Checks: liability of drawer for altera- sale, of authority of real estate tions: failure to use safety devices broker employed for indefinite period 413 735 Duties of banks as depositaries of trust Business Trusts funds 377, 744 See Voluntary Associations Duty of bank to set off deposits of Cancellation and Reformation of In- indorser 284 struments Liability of bank for stolen securities Right of grantor to cancel deed de- gratuitously deposited for safe keep- livered to agent in escrow 414 ing 849 Liability of banks on special deposits Carriers Apportionment of joint rates under 410 Liability of maker of note to bank for Transportation Act, 1920 621 purpose of puffing its assets 730 Construction of statute regulating lia- Power of collecting bank to charge bility for negligence 745 back checks with forged indorse- Contract of hire constituting common ment 615 carrier 841 Revocability of certification on checks Forwarding agents: nature of 615 Innovations under Transportation Act, Right of 733 1920 658-675 drawer to recover proceeds -: consolidation of forged check from one who re- of railroads into ceives payment from drawee bank limited systems 658 837 -: establishment of labor and adjust- Rights of holder of certificate of de- ment boards 66I posit issued by cashier for personal -: securing fair return on capital 666 benefit, and for which no funds have Liability of terminal carrier for dam- been deposited 82 age occasioned on connecting line Special damages for breach by bank 84 of "line of credit" contract 499 Limitation of carrier's liability for Specific deposits to meet interest pay- negligent diversion of goods carried ments as trust fund 851 at owner's risk 85 Limitation of liability 500 Bills and Notes Misquotation of interstate rates 734 Checks: certification by telegram 295 Proprietor of amusement device as Checks: liability of drawer for altera- common carrier 841 INDEX-DIGEST

Recapture of earnings provisions of Conspiracy the Transportation Act, 1920 213-223 Conspiracy to commit criminal syn- Certiorari dicalism 626 History of the writ of certiorari 528 Homicide committed in the course of a conspiracy 500 Charitable Trusts and Corporations Punishment for conspiracy greater Validity of trust to bring about changes than for the crime to be committed in existing laws 295 414 Chattel Mortgages Substitution of prisoner as conspiracy Distinction between chattel mortgages 5it and conditional bills of sale 602 Constitutional Law Checks Admission by federal court of evi- See Bills and Notes, Banks and Bank- dence illegally seized by state officer ing 285 Citizens Advocacy of overthrow of government See Nationality by force 295 Codes Apportionment of joint rates under Joinder of actions and of parties 384 Transportation Act, 192o 625 The civil code of Soviet Russia 779-789 Collection of penalty as "tax" on liquor 617 Commerce Commencement of interstate journey Co-operative marketing 81g 849 Community Property Compulsory payment of opponent's at- See also Husband and Wife torney's fee 401 Liability of community property for Constitutionality of statute providing payment of attorney's fees 626 for censorship of "current event" Comparative Law motion pictures 185 Law and legislation in the Union of Constitutionality of zoning laws 833 South Africa 224-232 Eligibility of Japanese to citizenship 510 The civil code of Soviet Russia 779-789 Eligibility of Hindu to citizenship 625 Composition with Creditors "Going concern value" in rate-making See Bankruptcy 507 Conditions Subsequent Illegal Search and Seizure: admissi- Impossibility of performing condition bility of evidence obtained by' 745 subsequent as excusing performance Impairing obligation of contract 5i of contract 285 Judicial review of state legislation by federal courts X5-28 Conditional Sales Judicial non-intereference with find- See Sales ings of fact of commission 413 Conflict of Laws Legal search and arrest under eight- Full faith and credit to ex parte for- eenth amendment 490 eign divorce decrees 732 Marriage to American citizen by alien Legitimation by adoption as confer- woman ordered to be deported 840 ring status recognized in foreign jur- Necessity of definiteness in statute im- isdiction 86 posing criminal liability 291 Polygamy and the conflict of laws 471 Power of courts to review adminis- Recognition of divorce granted in for- trative decisions 735 eign countries 842 Retroactive statutes: constitutionality Specific performance against non-resi- of 400 dent defendant of contract for sale Relief from double taxation of per- of land situated in foreign state 192 sonal incomes 757-778 Statute of frauds and the conflict of -: reliefs depending onlimitations of laws 311-338 jurisdictions 757 - English law 311 -: the personal aspect of income - American law 314 taxation 760 : Continental law 318 -: the property aspect of income Suit upon contract to purchase land taxation 762 cognizable at situs i89 -: the excise aspect of income tax- Suits in court of state of which neither ation 764 party is resident 747 -: voluntary reliefs from double in- Consideration come taxation 769 A promise with "option to cancel" as -: relief from double income tax valuable consideration 496 in British Empire 770 Consideration for promises by gratui- -: relief from double income tax tous bailee 6o in United States 774 Information as valuable consideration The minimum wage and liberty of 93 contract 388 YALE LAW JOURNAL

power 452-459 specific performance of agreement The growth of national 200 The fifth amendment and the Tucker to execute oil lease 725 Mutuality in actions for specific per- Act 831 binding insurance formance Validity of statute made by corpora- company on application, unless re- Nullity of contract tion which has forfeited its charter jected by telegraph within twenty- 187 four hours 413 of statute authorizing in- Possession as sufficient part perform- Validity of pur- creased compensation to contractors ance to take oral contract 87 chase of land out of statute of because of war costs 846 for con- frauds Validity of statute providing induce certificate as condition pre- Privilege of labor union to ciliation 171 cedent to trial 616 breach of contract 390 Remedy of buyer upon breach of war- Valuation in rate-making 739 Waiver of trial by jury of twelve men ranty 296 Privilege of vendor after refusing to perform, to sell to third person 380 Contempt Seller's liability for breach of implied Constructive contempt 843 warranty as surviving acceptance 845 Remainders Contingent 511 See Vested, Contingent, and Future Silence as acceptance Interests Specific performance of contract to convey land in consideration of sup- Contracts port 89 A promise-with "option to cancel" as con- 496 Specific performance of contract valuable consideration to arbitrate 415 for failure of tele- taining provision Amount recoverable performance of contract to de- to transmit cable Specific graph company vise in consideration of filial services transfer of exchange 179 415 Applicability of in pari delicto theory for breach by bank 745 Special damages to attorney and client of "line of credit" contract 499 Buyer's insolvency as justification for 91 Validity of contract to procure election seller's breach of contract bankruptcy 401 711 of trustee in C. i. f. contracts in American law agreement not 790 Validity of ante-nuptial Contract beneficiaries to support 626 -: donee-beneficiaries 792 -: creditors-beneficiaries 797 Contributory Negligence passenger -: right of inhabitant of municipality Contributory negligence of sue on contract between munici- in automobile 192 to of risk pality and public service corporation Distinction between assumption 8o6 and contributory negligence 193 807 Failure to avert known danger as bar -: contractors' bonds 416 Co-operative marketing gig to recovery Damages for breach of contract with Conversion alternative promises 618 See Trover and Conversion Destruction of subject matter by cause Conveyances unknown to the parties at the time Power to set aside conveyance exe- of contract 408 cuted in consideration of support Election of remedies by seller after 402 anticipatory breach 508 Presumption of acceptance of benefi- Implied obligation to pay physician re- cial grant 403 quested to serve third person x86 condition Corporations Impossibility of performing Duty of disclosure by director pur- subsequent as excusing performance chasing stock from his stockholders of contract 285 637-644 Impossibility of perf-)rmance due to recognition as 844 Mandamus to compel foreign law of private corporation 503 valuable consideration officer Information as 93 Nullity of contract made by corpora- tion which has forfeited its charter Intention in contracts containing clause 187 546 for liquidated damages Partnership liability of stockholders Liability of debtor on an executory 402 82 in de facto corporation accord of law by corporations 512 revocation, by Practice Liability of owner upon Priority of wages due manager of sale, authority of real estate broker 400 period 735 bankrupt corporation employed for indefinite Right of corporation to sue for libel Liability of surety on appeal bond 187 is abandoned 741 when appeal Subscription by bank to stock in light- Mutuality as condition precedent to INDEX-DIGEST

ing company 286 Substitution of prisoner as conspiracy 5I Costs and Fees Use of municipal ordinances in the Liability of community property for determination of a felony 720 payment of attorney's fees 626 Crops Cotenancy Priority of farm laborer's statutory Adverse possession in case of tenants lien over landlord's claim to grow- in common 744 ing crops 738 Covenants Damages Covenants against encumbrances 297 Amount recoverable for failure of Effect of changed conditions on re- telegraph company to transmit ca- strictive building covenants 287 ble transfer of exchange 179 Doctrine of privity of estate in con- Damages recoverable for conversion nection with real covenants 123-145 of bank book 501 Interest on claims against United Courts Admission by federal court of evi- States 626 dence illegally seized by state officer Liquidated damages or alternative 285 promises 618 Enforcement by state courts of na- Decedents' Estate tional prohibition act 512 See Descent and Distribution, Execu- Federal Courts: judicial review of tors and Administrators state legislation 15-28 Descent and Distribution Judge: privilege while acting in official Presumption of death of absent devi- capacity 414 see 201 Jurisdiction of appeal from executive's Receipt for advancement as barring decision 849 heir from further share in intestate's Power of appellate court to reduce estate 88 punishment 619 Power of courts to review administra- Debtor and Creditor Liability of debtor on an executory tive decisions 735 accord Regression of ecclesiastical jurisdic- 82 tion 594 Deeds The limits of judicial discretion Power to set aside conveyance exe- 339-352 cuted in consideration of support 402 Criminal Law Presumption of acceptance of bene- Conspiracy to commit criminal syndi- ficial grant 403 calism 626 Right of grantor to cancel deed de- Constructive presence at situs of livered in escrow to agent 414 crime as supporting extradition 287 Conversion by stockbroker of money Delivery received for purchase of stock on Deposit of bonds to be delivered at margin: larceny 286 donor's death as gift inter vi.vos Distinction between robbery and ex- 745 tortion 195 Right of grantor to cancel deed de- Distinction between conditional pardon livered to agent in escrow 414 and parole 850 Deposits Homicide committed in the course of See Banks and Banking a conspiracy 5oo Disseisin Hydro-aeroplane as "floating struc- See Adverse Possession, Ejectment ture" within meaning of statute Distribution making it a misdemeanor to operate See Descent and Distribution such structure on certain lakes i96 Larceny by trick distinguished from Due Process obtaining property by false pretenses See Police Power 619 Easements and Licenses Overthrow of government by mass Easement in gross: assignability of strike as felonious "advocacy of 813 criminal anarchy" 178 Ecclesiastical Law Power of appellate court to reduce Regression of ecclesiastical jurisdic- punishment 619 tion 594 Proposed reforms in American crim- inal law 368-375 Embezzlement Punishment for conspiracy greater Liability of creditor who bona fide re- than for the crime to be committed ceives converted money from em- 414 bezzler in payment of debt i95 Right of state to retrial in criminal Employers' Liability Act cases 93 See Workmen'. Compensation YALE LAW JOURNAL

Equity Fraud Effect of changed conditions on re- Fraudulent misrepresentation of ven- strictive building covenant 287 dor as bar to specific performance Equitable relief against forfeitures in 92 land sales 65 Liability of maker of note to bank for Fraudulent misrepresentation of ven- purpose of puffing its assets 730 dor as bar to specific performance Rehypothecation of securities by pled- 92 gee as "debt fraudulently con- Mistake of law as ground for rescis- tracted," giving pledgor power to sion of instrument 502 attach property of pledgee 183 Mutuality in actions for specific per- Rescission for fraud and preference formance 831 in bankruptcy 267 Power to set aside conveyance exe- Fraudulent Conveyance cuted in consideration of support Application of Bulk Sales Act to unli- 402 quidated claims ex delicto 622 Specific performance of contract to convey land in consideration of sup- Freedom of Speech and Press port 89 Advocacy of overthrow of government by force 295 Escrow Constitutionality of statute providing See Delivery for censorship of "current event" Evidence motion pictures 185 Admission by federal court of evi- Freight dence illegally seized by state officer Liability of terminal carrier for dam- 285 age occasioned on connecting line Admissibility of evidence unlawfully 84 obtained 626, 745 Lien on ship for non-acceptance of Parol evidence of mistake in convey- freight 744 ance of land 624 Limitation of carrier's liability for Privileged communication: personal negligent diversion of goods carried testimony of party as waiver of 93 at owner's risk 85 Privilege against self-incrimination in Future Interests bankruptcy proceedings 512 See Vested, Contingent, and Future Unnecessary difficulties of proof Interests 436-451 : proof of Gaming delivery 437 See -: mailing letters 439 Illegal Contracts -: telephone conversations 441 Gifts -: authenticity of letters 443 Deposit of bonds to be delivered at -: authenticity of telegrams 444 donor's death 745 -: proving documents by copy of Guardian and Ward copy 445 Infant husband: necessity to defend -: refreshing recollection by copies by guardian ad litem 4o8 of documents 446 Habeas Corpus -: transactions with deceased persons History of the writ of habeas corpus 447 Extradition Homicide Constructive presence at the situs of Homicide committed in the course of crime as supporting extradition 287 a conspiracy 500 Federal Courts Husband and Wife See Courts Action for services by wife against Fire Insurance husband 188 See Insurance Ante-nuptial agreement not to support 626 Fixtures Alimony pendente lite for husbands Test as to when personalty attached to 478 land becomes realty 199 Alimony without separate maintenance Foreign Corporations or divorce 512 See Corporations Community property: liability of for payment of legal services 626 Forfeiture Community Equitable relief against forfeitures in property: liability of for land sales 65 debt of husband 405 Forfeiture for breach Homestead property subject to lien for of condition in alimony insurance policy 737 85o Liability of Right of wife to sue husband for owner to forfeit automo- negligence bile carrying intoxicating liquor in i96 violation of statute 197 Refusal of marital intercourse as ground for divorce 404 INDEX-DIGEST

Right of action of married woman mined at date of act of bankruptcy against golf club, of which husband 184 is habitu6, for loss of consortium Buyer's insolvency as justification for 18i seller's breach of contract 91 Illegal Contracts Insurance Applicability of in pari delicto theory Acceptance of premiums as waiver of to attorney and client 745 necessity of insurable interest 296 Gaming losses: right of trustee in Accident: when duty to give notice of bankruptcy to recover 744 arises 621 Validity of contract to procure elec- Constitutionality of statute binding in- tion of trustee in bankruptcy 4Ol surance company on application, un- less rejected by telegraph within Impossibility twenty-four hours 413 See Contracts Engagement in military service in time Imputed Negligence of war as bar to recovery on policy, See Contributory Negligence though death is caused by accident Income Taxation 94 Deductions from taxable income 399 Fire insurance: resuscitation of the warranty in 274 Relief from double taxation of per- breach of condition 737 sonal incomes 757-778 Forfeiture for -: reliefs depending on limitations of Limitation of action binding against minor beneficiary 289 jurisdictions 757 Right to recover premiums paid when - the personal aspect of income tax- 197 ation 76o risk never attached - the property aspect of income tax- Interest and Usury ation 762 Distinction between sale and loan 411 - the excise aspect of income taxa- International Law tion 764 National prohibition and international -: voluntary reliefs from double in- law. 259 come taxation 769 Right of Alien Enemy Property Cus- -relief from double income tax in todian to take possession after dec- British Empire 770 laration of peace of alien property - relief from double income tax in which has been demanded before United States 774 "end of the war" 405 Incompetent Persons Interpleader Capacity of infant to appoint agent When interpleader is granted 513 295 Interstate Commerce Independent Contractor Commencement of interstate journey See Agency, Master and Servant 849 Infants Misquotation of interstate rates 734 Capacity of infant to appoint agent 295 Recapture of earnings provisions of Extent of parent's duty to support 825 the Transportation Act, 1920 213-223 Infant husband: necessity to defend State tax upon anthracite coal as regu- by guardian ad litem 408 lation of interstate commerce 4o6 Legitimation by adoption as confer- Interstate Commerce Commission ring status recognized in foreign jur- See also Interstate Commerce isdiction 86 Federal valuation of railroads 37-52 Welfare of child as determining factor -: uses of Bureau of Valuation un- in conflicting rights of custody 746 der the Transportation Act, 1920 46 Whether child in custod3 of divorced -: uses of Bureau of Valuation not mother is dependent upon father mentioned in the Act 49 within meaning of workmen's com- pensation act 848 Intoxicating Liquors Admissibility of illegally obtained evi- Injunctions dence in prosecution for violation of Right of one who incurs special dam- liquor laws 745 age to enjoin violation of statute Collection of penalty as "tax" on 746 liquor 617 Right to restrain former employee Enforcement by state courts of na- from soliciting customers, knowl- tional prohibition act 512 edge of whom he acquired in course Legal search and arrest under eight- of employment 197 eenth amendment 490 The injunction in railway strikes 166 Liability of owner to forfeit automo- Use of trade-name by another as bile carrying liquor in violation of ground for injunction 201 statute 197 Insolvency National prohibition and international Bankrupt's occupational status deter- law 259 YALE LAW JOURNAL

Inventions -: physical and mental defects vs. See Patents law 116 Joint Wrongdoers -: industrial changes vs. law 117 Intention in joint torts 538 Proposed reforms in American crim- Judges inal law 368-375 See Courts Reforms in system of military justice Judgments 146-155 The limits of judicial discretion Law School 339-352 Law School 1922-23 54-56 Validity of judgment rendered against Legal Analysis and Terminology all members of partnership only one Definition of "right" 157 member of which is served with Rights and privileges in labor contro- process 296 versies 8og Jurisdiction "Rights" of adjoining owners in party Enforcement by state courts of na- walls 398 tional prohibition act 512 Legal Education Extent of admiralty jurisdiction in re- Developing ethics and resistant law lation to application of workmen's I09-122 compensation acts 283 -: scientific information vs. law III Regression of ecclesiastical jurisdiction -: changing social standards vs. law 594 113 Suit upon contract to purchase land -: mental defects vs. law physical and 116 cognizable at situs 189 Jurisprudence -: industrial changes vs. law 117 Juridical limitations on the power of The theory of legal education 353-367 the state 425-435 Legal Ethics The limits of judicial discretion .See Attorneys 339-352 Legal History The concept of public service-425-435 History of special verdicts and special Jury interrogatories 575-592 Distinction between preponderance of -: special verdicts 575 evidence and sustaining burden of -: special interrogatories 591 proof 731 Prerogative writs in English law Recommendation by jury to donate 523-534 amount of verdict to charity 298 -: habeas corpus 524 Setting aside verdict because of jurors' quo warranto 527 affidavits showing mistake 503 -: certiorari 528 Waiver of trial by jury of twelve men m-:andamus 529 296 The genesis of the lien theory in law Labor of mortgages 233-246 See Trade Unions The growth of intention as a rule of law 535-552 Landlord and Tenant : partnership Failure to 535 exercise option to renew -: joint tort-feasors lease within 538 stipulated time as bar -: liquidated damages 546 to specific performance 409 The Roman elements in Bracton's Priority of farm laborer's statutory treatise 751-756 lien over landlord's claim to grow- ing crops 738 Libel and Slander Honest belief in truth of the matter Larceny asserted as privilege 8o Conversion by stockbroker of money Liability where publication is due to received for purchase of stock on disclosure by plaintiff go margin: larceny 286 Privilege of judge while acting in his Larceny by trick distinguished from judicial capacity 414 obtaining property by false pretenses Right of corporation to sue for libel 61g 187 Lateral Support Liens See Support Priority of conditional vendor's lien Law Reform over non-statutory lien 623 See also Legal Education, Military Lien on ship for non-acceptance of Law freight 744 Developing ethics and resistant law Limitation of Actions 109-122 Changing from remedy under federal : scientific information vs. law III act to remedy under state statute IgS : changing social standards vs. law Limitation of action in insurance 113 policy binding against minor bene- INDEX-DIGEST

289 Mortgages ficiary Effect of statute of limitations on Malicious Prosecution equitable mortgage 611 Malicious prosecution for actions not Ejectment of mortgagee in possession involving arrest or seizure 200 after default 739 Probable cause a question for jury 198 Special assessment v. mortgage lien 460-469 Mandamus as -: general features of special assess- Mandamuts to compel recognition 460 officer of private corporation 503 ments -: mortgage given before enactment Writ of mandanuns: history of 529 468 to compel town to levy tax 746 of statute Writ -: priority of assessment lien under Marriage and Divorce statute 462 Alimony pendente lite for husbands -: priority of assessment lien im- 478 plied from statute 464 Alimony without separate maintenance -: where statute is silent as to prior- or divorce 512 ity 467 Effect of reconciliation upon judg- The genesis of the lien theory 233-246 ment of separation from bed and 620 Municipal Corporations board Constitutionality of zoning laws 833 Full faith and credit to ex parte for- 732 Immunity of municipality from tort eign divorce decrees liability when acting in governmental Homestead property subject to lien for 85o capacity 410 alimony Liability of bond commissioner for Necessity of infant husband to defend funds 290 408 loss of public by guardian ad litem Manrdamus to compel town to levy tax Recognition of divorce granted in for- 746 eign country 842 to prohibit oper- intercourse as Right of municipality Refusal of marital ation of jitneys on certain streets ground for divorce 404 19o Massachusetts Trusts The use of municipal ordinances in See Voluntary Associations the determination of a felony 720 against and Servant Validity of ordinance providing Master goats being left withfi fifty feet of Duration of employment contracts 850 280 the railroad labor problem a dwelling house Law and Waiver of privilege to shut off water 553-574 415 Liability of master for injury to in- 195 Whether collection of garbage is gov- vitee or corporate duty 198 Independent contractor: liability of ernmental 290 Murder Liability of owner of land for damage See Homicide, Criminal Law caused by his independent contrac- Mutuality tor's negligence in failing to pro- See Specific Performance, Contracts 407 vide lateral support Nationality Sunstroke as hazard connected with citizen 514 Effect of marriage to American employment of alien woman ordered to be de- The minimum wage and liberty of 840 388, 829 ported contract Eligibility of Japanese to citizenship Military Law 510 Reforms in system of military service Eligibility of Hindu to citizenship 625 146-155 Presumption of loss of citizenship by Minimum Wage naturalized alien 195 The minimum wage and liberty of Naturalization contract 388, 829 See Nationtality, Aliens Misrepresentation Navigable Waters Fraudulent misrepresentation of ven- See Waters and Watercourses dor as bar to specific performance 92 Negligence Construction of statute regulating car- Mistake rier's liability for negligence 745 Parol evidence of mistake in convey- Degree of care required of proprietor ance of land 624 of amusement device 841 Right to recover for services rendered Liability of golf club for injury to by woman believing herself to be traveler on highway 18i married 507 Liability of owner of land for death of children resulting from bathing Monopolies pool of water 200 See Anti-Trust Laws in poisonous YALE LAW JOURNAL

Liability of one who is negligent for Right of wife to sue husband for improbable but proximate conse- negligence 196 quences 276 Welfare of child as determining fac- Liability of attorney for damages prox- tor in conflicting rights of custody imately resulting from negligent per- 746 formance of professional duties 279 Personal Property Liability of manufacturer of bottled beverages Test as to when personalty attached 297 to land becomes realty 199 Liability of electric company for in- juries to child caused by charged Physicians and Surgeons wire 298 Implied obligation to pay physician re- Liability of landlord for injuries to quested to serve third person 186 guest of tenant 742 Personal testimony of party as waiver Manner of pleading cause of action of privileged communications 93 based on negligence 483 Pleading See also Practice Negotiable Instruments Aider of cross-complaint by other See Bills and Notes pleadings 291 New Trial Equitable defenses 645-657 See Practice Joinder of actions and of parties 384 Nuisance, Manner of pleading cause of action Application of law of nuisance to un- based on negligence 483 registered automobiles 394 Union of law and equity and trial by Damage from erection jury under the codes 707 of building- When Rylands v. Fletcher 498 interpleader is granted 513 Golf course as public nuisance 181 Pledges Rehypothecation of securities by Nuncupative Wills pledgee as "debt fraudulently con- See Wills tracted," giving pledgor power to Offer and Acceptance attach property of pledgee 183 Presumption of acceptance of benefi- Police Power cial grant 403 Constitutionality of zoning laws 833 Silence as acceptance 51, Compulsory payment of opponent's at- Options torney's fee 401 Failure to exercise option to renew Impairing obligation of contract 511 lease within stipulated time as bar Laws fixing prices in ordinary and to specific performance 409 public service businesses 29-36 Ordinance May the government without compen- See Municipal Corporations, Police sation create a new front estate be- Power tween original riparian owner and navigable channel? 1-14 Pardons Right of municipality to prohibit oper- See Criminal Law ation of jitneys on certain streets Parole 19o See Criminal Law Special assessment v. mortgage lien Partnership 460-469 -: general features of special assess- Intention as test of partnership 535 ments 46o Interest of partner in specific firm real -: priority of assessment lien under estate 845 statute 462 Oral agreements to deal in land 504 -: Partnership priority of assessment lien implied liability of stockholders in from statute 464 de facto corporation 402 -: where statute Service of process on one is silent as to prior- partner ity 467 binding on all 296 -: mortgage given before enactment Party Walls of statute 468 Rights of adjoining owners in party Validity of ordinance providing against wall 398 goats being left within fifty feet of a dwelling house 28o Patents Validity of statute binding insurance Interest of employer in invention of company on application, unless re- employee 505 jected by telegraph within twenty- Persons four hours 413 Ante-nuptial agreement not to support Validity of statute providing for con- 626 ciliation certificate as condition pre- Action by wife against husband for cedent to trial 616 services 188 Polygamy Extent of parent's duty to support 825 Polygamy and the conflict, of laws 471 INDEX-DIGEST

Possession Public Officers Possessory rights of thief 497 See Administrative Law Title to land by innocent mistaken Public Service Commission possession 51o Valuation in rate-making 390 Powers Public Service Law Failure of donee under will to exercise Apportionment of joint rates under power of appointment 742 Transportation Act, 1920 625 Practice Contract of hire constituting common Amendments restating cause of action carrier 841 198 Evaluation of stock of going concern Distinction between preponderance of 614 evidence and sustaining burden of Federal valuation of railroads 37-52 proof 731 -: uses of Bureau of Valuation under Equitable defenses 645-657 the Transportation Act of 1920 46 History of special verdicts and special -: uses of Bureau of Valuation not interrogatories 575-592 mentioned in the Act 49 -: special verdicts 575 "Going concern value" in rate-making -: special interrogatories 591 507 Joinder of actions and of parties 384 Innovations under Transportation Act, Number of judges required in federal 192o 658-675 court to obtain injunction based on -: consolidation of railroads into constitutionality of statute 621 limited systems 658 Probable cause in malicious prosecu- -: establishment of labor and ad- tion a question for the jury 198 justment boards 661 Recommendation by jury to donate -: securing fair return on capital 666 amount of verdict to charity 298 Laws fixing prices of ordinary and Right of state to retrial in criminal public service businesses 29-36 cases 93 Misquotation of interstate rates 734 Setting aside verdict because of jurors' Proprietor of amusement device as affidavit showing mistake 503 common carrier 841 Splitting cause of action for injuries Recapture of earnings provisions of to person and property 19o the Transportation Act, 1920 213-223 Union of law and equity and trial by Rights of the state and adjacent jury under the codes 707 owners of property in the mainten- Validity of general verdict supported ance and operation of railroads by one good count 513 247-257 Waiver of trial by jury of twelve men The privilege of public utility to with- 296 draw from service 75 Whether void summons may be Valuation in rate-making 390 amended 297 Publication Presumptions See Libel and Slander Presumption of acceptance of benefi- Public Utilities cial grant 403 See Public Service Law Presumption of death of absent de- Quasi Contracts visee 201 Employee's remedies upon wrongful Priorities discharge 196 See Bankruptcy, Receivers Recovery of money paid under mutual Privileged Communications mistake of fact 199 See Evidence, Libel and Slander, Phy- Right of wife to recover from husband sicians and Surgeons upon a quantum ineruit for services 188 Procedure Services rendered by woman believ- See Practice ing herself to be married 507 Process Quo Warranto Service of process on one member of History of the writ of quo warranto partnership binding on all 296 527 Whether void summons may be amended 297 Railways Federal valuation of railroads 37-52 Prohibition -: uses of Bureau of Valuation un- See Intoxicating Liquors der the Transportation Act of 1920 Proximate Cause 46 Liability of attorney for damages prox- -: uses of Bureau of Valuation not imately resulting from negligent per- mentioned in the Act 49 formance of professional duties 279 Innovations under Transportation Act Liability of negligent person for im- of 1920 658-675 probable but proximate consequences -: consolidation of railroads into 276 limited systems 658 YALE LAW JOURNAL

-: establishment of labor and adjust- will be separated by courts to save ment boards 661 them from the rule against perpetui- -: securing fair return on capital 666 ties 56 Law and the railroad labor problem Receivers 553-574 Priority of wages due manager of Rights of the state and adjacent owners bankrupt' corporation of property in the maintenance and 400 operation of railroads 247-257 Remainders The injunction in railway strikes 166 See Vested, Contingent, and Future Interests Rate Regulation Removal of Causes Federal valuation of railroads 37-52 Suit in court of state of which neither -: uses of Bureau of Valuation under party is resident 747 the Transportation Act of 1920 46 -: uses of Bureau Replevin of Valuation not See Replevin and Detinue mentioned in the Act 49 "Going concern value" in rate-making Replevin and Detinue Privilege of vendor in 507 conditional sale Valuation in rate-making 390 to replevy property after suing for purchase price I91 Real Property Adverse possession Rescission in case of tenants Mistake of law as ground for rescis- in common 744 sion Assignability of easements of instrument 502 in gross 813 Rescission for fraud and preference in Constructive adverse possession of bankruptcy tracts separately described in void 267 deed 839 Res Ipsa Loquitur Covenants against encumbrances 297 See Negligence Definition of exclusiveness in adverse Restraint of Trade possession 199 Contracts in restraint of trade 514 Determination of boundary by bank of Riparian Rights river 627 See Waters and Watercourses Distinction between vested and con- tingent remainders 288 Robbery Doctrine of privity of estate Distinction between robbery and ex- in con- tortion nection with real covenants 123-145 195 Ejectment of mortgagee in possession Rule Against Perpetuities after default by mortgagor 739 Whether gifts not separated by donor Equitable relief against forfeitures in will be separated by courts to save land sales 65 them from the rule against perpetui- May the government without compen- ties 56 sation create a new front estate be-' Sales tween original riparian owner and Application of Bulk Sales Act to uili- navigable channel? 1-14 Rights of adjoining quidated claims ex delicto 622 owners in party Buyer's insolvency as justification for wall 398 seller's breach of contract Right of grantor to cancel deed deliv- 91 C. i. f. contracts in American law 711 ered to agent in escrow 414 Co-operative Special assessment marketing 819 v. mortgage lien Destruction of subject matter by cause 460-469 unknown to parties at time of con- general features of special assess- ments tract 408 460 Distinction between sale and -: priority of assessment lien under loan 411 ,statute Distinction between chattel mortgages 462 and conditional -: priority of assessment lien bills of sale 602 implied Election of remedies by seller after an- from statute 464 ticipatory : where statute breach 5o8 is silent as to prior- Priority of conditional vendor's ity 467 lien over non-statutory lien 623 mortgage given before enactment Privilege of statute of vendor to replevy prop- 468 erty after suing for purchase price Test as to when personalty attached I91 to land becomes realty 199 Remedies by buyer upon breach of The genesis of the lien theory in the warranty law of mortgages 233-246 739 Resale price maintenance 676-705 Title to land by innocent mistaken oc- Right of cupation vendor, after refusing to per- 510 form contract, Transfer of executory contingent in- to sell to third person terest 380 737 Seller's liability for breach Whether gifts not separated by donor of implied warranty of quality as surviving ac- INDEX-DIGEST xvii

ceptance 845 -: English law 3"1 Statute of Frauds and failure to state -: American law 314 consideration in memorandum 740 -: Continental law 318 Salvage Statute of Limitations See Admiralty Effect of statute of limitations on equitable mortgage 611 Searches and Seizures Loss of action for wrongful death af- See Constitutional Law ter reliance upon unconstitutional Set-off and Counterclaim statute 625 of in- Duty of bank to set off deposit Stockbrokers dorser 284 See Brokers Sherman Anti-Trust Act Street Railways See Anti-Trust Laws Construction of statute regulating car- Ships and Shipping rier's liability for negligence 745 C. i. f. contracts in American law 711 Strike Lien on ship for non-acceptance of See Trade Unions freight 744 Place of suit in libel in personam Subrogation against United States g Subrogation where money is fraudu- 39 lently appropriated for payment of Specific Performance debt 297 Failure to exercise option within sti- pulated time 409 Support Fraudulent misrepresentation of ven- Liability of owner of land for damages dor as bar to specific performance caused by his independent contrac- 92 tor's negligent failure in providing Mutuality as condition precedent to lateral support 407 specific performance of agreement Suretyship and Guaranty to execute oil lease 2o Liability of surety on appeal bond Mutuality in actions for specific per- when appeal is abandoned 741 formance 831 Right to recover premium paid on Parol evidence of mistake in convey- surety bond when risk never at- ance of land 624 taches 197 Possession under oral contract of pur- Right of one from whom money is chase of land as supporting decree stolen to recover from surety of for specific performance 846 thief, by subrogation to right of Specific -performance of oral contract creditor to whom thief paid the to convey land in consideration of stolen money 297 support 89 Taxation Specific performance of contract for Deductions from taxable income 399 sale of land situated in foreign state, Exemptions under inheritance tax on when defendant is non-resident 192 property conveyed in consideration Specific performance of contract to de- of promise to devise 415 vise in consideration of filial ser- Relief from double taxation of per- vices 415 sonal incomes 757-778 Specific performance of contract con- -: reliefs depending on limitations of taining provision to arbitrate 415 jurisdictions 757 Statutes - the personal aspect of income tax- Constitutionality of retroactive stat- ation 760 utes 400 - the property aspect of income tax- Construction of penal statute 513 ation 762 Construction of statute regulating car- -the excise aspect of income taxa- rier's liability for negligence 745 tion 764 Necessity of definiteness in statutes -: voluntary relief from double in- imposing criminal liability 291 come taxation 769 income tax in Statute of Frauds -relief from double Necessity of statement of considera- British Empire 770 tion in memorandum 740 -relief from double income tax in Oral agreements to deal in land 5o4 United States 774 Parol trust of land 5o9 State tax upon anthracite coal as regu- Parol evidence of mistake in convey- lation of interstate commerce 406 ance of land 624 Tax on contingent remainders 847 Possession alone as sufficient part per- Telegraph and Telephone Companies formance to take oral contract of Amount recoverable for failure to purchase of land out of statute of transmit cable transfer of exchange frauds 846 179 The statute of frauds and the conflict Notice of limitation of liability for of laws 311-338 unrepeated message 416 °°°i YALE LAW JOURNAL

Tenancy in Common Law and the railroad labor problem See Co-tenancy 553-574 Title Overthrow of government by mass See Possession strike as felonious "advocacy of criminal anarchy" 178 Torts Privilege of labor union to induce Assumption of risk in maritime law breach of contract 171 280 Rights and privileges in labor con- Damage from erection of building- troversies 8o9 Rylands v. Fletcher 498 The right to strike 99-IO8 Distinction between assumption of risk The injunction in railway strikes 166 and contributory negligence 193 Trial Extent of admiralty jurisdiction in re- Practice lation to application of workmen's See compensation acts :283 Trover and Conversion Failure to avert known danger as bar Damages recoverable for conversion to recovery 416 of bank book 5oi Immunity of municipality from tort Necessity of demand and refusal in liability when acting in governmental action of trover 292 capacity 410 Rehypothecation of securities by Liability of golf club for injury to pledgee as "debt fraudulently con- traveler on highway 181 tracted," giving pledgor power to at- Liability of master for injury to in- tach property of pledgee 183 vitee '95 Trusts Liability of city for personal injuries Diversion by executor of funds of one caused by negligence of driver of estate to cover defalcations in an- truck used by city in gathering gar- other estate 293 bage i98 Duties of banks as depositaries of Liability of negligent person for im- trust funds 377,744 probable but proximate consequences Liability of bank on special deposits 276 410 Liability of manufacturer of bottled Parol trust of land 509 beverages for injuries caused by Profits of trustee from dealings with ground glass in bottle 297 cestui 747 Liability of electric company for in- Removal of trustee 851 jury to child caused by charged Revocation by sole beneficiary 747 wire 298 Specific deposits to meet interest pay- Liability of owner of land for dam- ments 851 ages caused by his independent con- Trusts to bring about changes in ex- tractor's negligent failure to provide isting laws 295 lateral support 407 Unfair Competition Liability of landlord for injury to Contracts guest of tenant in restraint of trade 514 742 Use of trade-name by another as Limitation of carrier's liability for ground for injunction negligent diversion of goods carried 201 at owner's risk 85 Ultra Vires Malicious injury of another in his See Corporations trade 194 Unions Malicious prosecution for actions not See Trade Unions involving arrest or seizure 200 Usury Probable cause in malicious prosecu- See Interest and Usury tion a question for the jury i98 Responsibility of owner of automobile Valuation for injuries to passenger when car See Public Service Law, Rate Regula- is operated by another 192 tion Trade-Marks and Trade-Names Verdict Use of trade-name by another as See Practice ground for injunction 201 Vendor and Purchaser Use of trade-marks on genuine goods Fraudulent misrepresentation of ven- 627 dor as bar to specific performance 92 Trade Secrets Privilege of vendor in conditional sale Right to restrain former employee to replevy property after suing from soliciting customers, knowl- for purchase price 191 edge of whom he acquires in course Remedy of buyer upon breach of of employment I97 warranty 739 Trade Unions Vested, Contingent, and Future Inter- Labor union as a legal entity 59 ests INDEX-DIGEST

Distinction between vested and con- Necessity of witness to nuncupative tingent remainders 288 will to understand language in which Transfer of executory contingent in- it is dictated 298 terest 737 Presumption of death of absent de- visee 20! Voluntary Associations Revocation of wills 396 Partnership liability of shareholders Revocation implied from divorce with in business trust in which share- property settlement 627 holders have power to amend trust Whether remainder in issue of life agreement 83 tenant is to be implied from a gift Wages over on definite failure of issue 743 See Master and Servant, Minimum Wage Words and Phrases Cause of action 5o6 Waiver C. i f. contracts 712 See Insurance Criminal anarchy 178 War Discretion 339 Engagement in military service in time Distinction between easement and real of war as bar to recovery on insur- covenant 123 ance policy, though death is caused Ethics ip by accident 94 Resale price maintenance 676 Warranty "Right" 157 See Insurance Workmen's Compensation Waters and Watercourses Death while obeying direct command May the government without compen- 416 sation create a new front-estate be- Dependency of children after divorce tween original riparian owner and of parents 848 navigable channel? 1-14 Extent of admiralty jurisdiction in re- Wills lation to application of workmen's Contingent wills 851 compensation acts 283 Effect upon a prior and existing will Sunstroke as hazard connected with of the revocation of a subsequent employment 514 will containing an express revoca- Whether injury while repairing engine tory clause 70 withdrawn from interstate service is compensative under Federal Em- Effect of undue influence 294 89 Failure of donee to exercise power of ployers' Liability Act appointment 742