Index-Digest, Volume 1 to 10 Marquette University

Marquette Law Review Volume 10 Article 21 Issue 4 June 1926

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Repository Citation Marquette University, Index-Digest, Volume 1 to 10, 10 Marq. L. Rev. 267 (1926). Available at: http://scholarship.law.marquette.edu/mulr/vol10/iss4/21

This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. INDEX-DIGEST VOLUME 1 to 10 References in heavy-faced type are to LEADiNG AaTICLES; in plain type to NoTEs AND COMMENT

A Vol. : Page Vol.: Page ABUTTING OWNERS -maritime liens 4:120 Right of abutting owner to restrain -maritime torts 4:125 parking of vehicles upon street -salvage 4:123 9:124 -seamen's wages 4:122 ACCORD AND SATISFACTION ADOPTION Effect of part payment of existing Effect of adoption upon right of debt 6:89 adopted child to inherit from ACTIONS natural parent 9:110 See also: Case, Contracts (Actions) Roman law no basis for interpreta- (Defenses), Dead Bodies, Eject- tion of statutes on adoption inent, Election of Remedies, Plead- 9:239 ing, Replevin, Trespass, Trial, Under the civil law (old Roman Trover and Conversion. law) 9:240 Conditions precedent: Notice as a Under the code of Justinian 9:245 condition precedent to bring- ADVERSE EXAMINATION ing action: generally 7:226 See Discovery. -in actions involving personal ADVERSE POSSESSION injuries 7:229 In general: Under Wisconsin stat- -in actions against railroads utes 8:104 for injury to live stock 7:229 Effect of permissive adverse pos- -in actions against municipal- session upon the operation of ities for injury to person or the statute of limitations 8:112 property 7:230 Property acquired by as a Joinder of actions: What causes vested right within constitu- of action may be joined 5:12 tional provisions against impairment of vested rights 6:139 ADMINISTRATIVE LAW Requisites: Actual possession See also: Constitutional Law. In general: Administrative bodies 8:107, 121 as having no jurisdiction under Disseisin of true owner for req- Federal and State Constitu- uisite period 8:118 Entry with intent to claim title tions 9:254 8:110 Advantages of commissions over Exclusive, continuous and open courts in matters of procedure possession 8:108 and relief 6:17 Necessity of good faith or of Powers of agencies: Limits of hostile possession 8:106, 111 power of commission to deny Termination: By re-entry of true issuance of certificate of "ne- owner 8:114 cessity" and "convenience" in Temporary absence of adverse the matter of street railway claimant not a termination construction 10:248 8:116 Power to define and prohibit AGENCY unfair methods of competition See Principal and Agent. 9:137 ALIENS Power to establish standards for Naturalization: Effect of claim of the gradation of food prod- exemption from war draft up- ucts 9:148 on subsequent application for ADMIRALTY naturalization 9:270 Jurisdiction of courts of admiralty: Property: Construction of Enemy generally 4:118 Trade Act with reference to Subjects of jurisdiction: collisions confiscation of alien property at sea 4:125 9:204 INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in ph. n type to NOTES AND COMMENT Vol. : Page ANIMALS ATTACHMENT Vol. : Page Owner not liable for injuries by Right of creditors to attach cor- animal in absence of neglect porate stock 5:99 or notice of vicious character 10:163 ATTORNEY AND CLIENT APPEAL AND ERROR See also: Notice. See also: Trial (Instructions). Compensation: Code of Ethics too Appellate jurisdiction generally: vague for determination of Appealability of orders enforc- 8:228, 237 ing discovery statute 8:33 Time element as the only ele- Parties: Effect of appeal where ment capable of reasonable there are several parties re- calculation for the determina- spondent 5:16 tion of lawyers' fees 8:229 Effect of appeal by one party to AUTOMOBILES a judgment upon other parties See also: Master and Servant, Neg- thereto 5:17 ligence. Record and case in appellate court: Automobilist not justified in violat- Briefs: proper construction ing statute because following and subject matter of indexes directions of highway officer of appeal briefs under the rules 10:168 of practice of the Supreme Applicability of the family purpose Court of Wisconsin 7:62 doctrine to fix liability upon What defects are waived on apparent for torts of members peal 5:13 of family while using automo- Review: Discretionary power of bile 9:198, 10:252 court to reverse 5:9, 13, 35 Liability of parent for torts of Non-prejudicial error not ground minor son committed while for reversal 5:7 using family automobile 6:178

BANKRUPTCY Validity of statute authorizing Act of 1898 and amendments: Sec. different mode of payment 3a (2) 9:79 when presentment made Sec. 3a (3) 9:80 through Federal Reserve Bank Sec. 57g 9:87 10:145 Sec. 60 (a) 9:81 Federal reserve: Control of bank- Sec. 60 (b) 9:81, 86 ing corporations under the Sec. 60 (c) 9:87 Federal Reserve Act Preferences: 5:124 Elements of voidable Federal Reserve Banks preferences as an within the meaning outcome of the need for of a na- Sec. 60 of the National tional clearing house Bankruptcy 10:137 Act 9.82 Par clearance in the Federal Re- New credits 9:87 serve system Provable claims: 10:134 New credits 9:87 Purpose of the Federal Reserve Surrender of preferences by Act 5:124, 10:145 creditors having received voidable preferences as a condi- BILLS AND NOTES tion precedent to recovery of See also: Banks and Banking, His- claims by such creditors 9:87 tory of Law, Uniform Laws. Recovery of property by trustee: Negotiable instrument act: Sec. 1 Necessity and effect of demand by trustee 9:258 to recover from Sec. 3 (2) creditors 9:282 preferred by bank- Sec. 16 6:74 rupt 9:86 Sec. 52 BANKS AND BANKING 9:258 Sec. 53 8:100, 103 See also: Bills and Notes. Sec. 55 Deposits: Payment 6:75 of checks and Sec. 58 6:74 drafts: Right of drawee bank Sec. 66 to have checks 8:100 presented for Practical application of uniform- payment in the usual course ity of law in the act of business 9:217 10:141 Purpose of the act 9:218, 223 INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLFES; in plain type to NOTES ANDCOMMENT Vol. : Page Vol. : Page Form: unconditional order or Validity: Blue Sky laws upheld as promise: Effect of words "as valid under the police power per contract" in a note 9:281 3:144 Checks: Effect of payment of BONDS forged check to innocent In general: Nature of a contract holder in due course 8:96 bond 10:154 Defenses: in general: Analysis of Surety bonds as contracts of in- defenses against a holder in surance 1:148 due course 6:75 Particular bonds or classes of Effect of negotiable instrument bonds. Contractors Bonds: in hands of holder in due Nature of contract bonds gen- course: illustration 9:258 erally 10:154 Defenses: Forgery: Drawee bank Municipal or County Bonds: liable upon payment of forged their general theory and pur- check to innocent holder 8:96 pose 3:35 Defenses: non-delivery: Non-de- -Municipal bonds as proper livery of stolen negotiable in- only for payment of extraordi- strument no defense against nary expenditures 3:35 holder in due course 6:74 Actions on: Right of third parties BILLS OF DISCOVERY to sue on surety bonds 1:151 See Discovery. Validity of provision in surety BLUE SKY LAWS bond limiting time of com- Theory and purpose: Generally mencement of action thereon 3:143, 8:135 1:149 ( CASE as against subsequent pur- Allegations necessary to sustain chasers with notice 10:67 the action: generally 4:152 CIVIL LAW Defenses pleadable: generally See Adoption. 4:155 COMMERCE Scope and nature of the action See Constitutional Law (Legislative 4:152 Powers), Interstate Comzinerce. CHARITIES COMMON LAW See also: Rule Against Perpetuities. The common law as a basis for the In general: History and develop- determination of the constitu- ment of the Wisconsin Charity tionality of statutes 8:215 doctrine 8:163, 10:183 What is the common law of Wis- -present uncertainty in the Wis- consin 1:22 consin law . 8:172 COMPROMISE AND SETTLE- History of the charity doctrine MENT in America 10:181 See Evidence (Admissions) (Adnis- Educational: Church purposes as sibility). an educational charity 7:138 CONSTITUTIONAL LAW Public: Religious purposes within See also: Administrative Law, Cor- the meaning of a public char- porations (State Regulation), ity: enumeration, development Courts, Elections, History of Law, and distinctions 7:133 Home Rule, International Law, Religious: Under the Statute of Interstate Comnerce, Jury, Po- Elizabeth: enumerated 10:180 lice Power, Schools. -much extended to embody Adoption of constitutions: Events modern religious purposes leading up to the creation and 7:132 adoption of the Federal Con- CHATTEL MORTGAGES stitution 7:201 See also: Election of Rewdies. Construction and interpretation In general: Elementary principles of constitutions: Authoritative 10:65, 212 construction of Constitutional What constitutes a chattel mort- provisions by the courts, and gage 10:66 liberal construction of the pow- Recording and registry: Effect of ers of congress as a cause for unrecorded chattel mortgage the perpetuity of the Federal INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT Vol.: Page Vol. : Page Constitution 7:183, 186 In the matter of compulsory Of the Federal Constitution: public school attendance Under the decisions of John 7:101, 10:94 Marshall 7:115, 183 Invaded by the expansion of the Leading constitutional cases in powers of the Federal Govern- Wisconsin 5:63 ment by amendments and ju- Russian Constitution compared dicial interpretation 8:240 with the Constitution of the Judicial powers: in general: His- United States 4:61 tory and nature of the power Separation of powers: Principles to declare laws unconstitu- governing the separation of tional 7:5, 8:212 the powers of the State and Power of judicial review of acts Federal Governments 5:53 of Congress as an element of Impairing contract obligations: Ap- the perpetuity of the Federal plicability of the contract Constitution 7:183 clause to changes in decisions Functions of Courts generally of courts 6:130 5:59 Bona fide exercise of the police Vested powers of the United power not restricted by con- States Supreme Court under tract clause of Federal Con- the Constitution 10:204 stitution 6:130 Judicial powers: delegation of Scope and construction of con- powers: Power of administrative stitutional provision prohibit- department to issue orders de- ing impairment of contract fining and prohibiting unfair obligations 6:129 methods of competition not an What contracts are within the unconstitutional delegation of constitutional restriction 6:132 power 9:137 Personal rights: Constitutional Legislative powers: commerce: De- rights of an accused as hin- velopment and control of water drances to justice 10:6 power of navigable streams Making an accused testify against not within commerce clause of himself 5:82 Federal Constitution 8:7 Parental rights violated under Congressional control of corpora- proposed Federal Bureau of tions engaged in interstate and Education 10:35 foreign commerce 5:108 The Fourteenth Amendment as Source and extent of the power a basis for the protection of of Congress to control com- the right of parents to control merce 5:109 the education of their chil- Legislative powers: delegation of dren 8:54 powers: Power of administra- Vested rights: Creation or exten- tive department to establish sion of a statute of limitations standards for the gradation of as an invasion of vested rights food products 9:148 6:135 Power of administrative depart- Inchoate right of dower not a ment to issue orders prohibit- vested right 6:140 ing unfair methods of compe- Reversions and remainders as tition not an invalid delegation vested rights 6:139 of legislative power 9:137 Revival by legislature of right Legislative powers: taxation: Fed- of action barred by statute of eral taxation of corporations limitations as an invasion of 5:145 vested rights 6:138 Limits of the power of a state to The Fourteenth Amendment as tax corporations on the basis the basis for protection against of their capital stock 10:96 impairment of vested rights Privileges and immunities: Juris- 6:134 diction over non-resident mo- Title acquired by adverse posses- torists by substituted service sion a vested right 6:139 upon state official 10:44 State rights: Ability of State to Equal protection of the laws: Ex- prescribe maximum of instruc- emption of banks, loan asso- tion for private schools 8:56 ciations, insurance companies INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT Vol.: Page Vol.: Page and public utilities from opera- CONSTRUCTIVE TRUSTS tion of act prohibiting unfair See Trusts. competition not arbitrary CONTRACTS classification 9:136 See also: Bonds, Corporations, Mu- Gifts inter vivos made within six nicipal Corporations, Statute of years of donor's death as an Frauds, Vendor and Purchaser. invalid classification for pur- Construction: Of instalment con- poses of inheritance taxation tracts: generally 8:248 9:5 -after acceptance of a partial Regulation of hours of labor and performance 8:248 wages on public works as a Manner in which question of denial of equal protection 5:156 whether contract is entire may Due process of law: in general. As arise 9:283 the equivalent of the "law of Consideration: Present binding ob- the land" 7:154 ligation not a good considera- Due process of law: liberty to con- tion 6:87 tract: Compulsory public school Sufficiency of consideration for attendance as a violation of settlement by a partial pay- 7:100 ment 6:89 Regulation of hours of labor and Performance: incomplete perform- wages on public works as af- ance: Effect of partial per- fecting freedom of contract formance of ultra vires con- 5:156 tracts of corporations 5:211 Due process of law: religious lib- Impossibility of performance as erty: Compulsory public school basis for recovery under an attendance as a violationof entire contract 9:283 7:99 Extinguishment: rescission: By in- Proposed Federal Bureau of fant, and recovery of consid- Education as a violation of re- eration 6:77 ligious liberty 10:35 Right of rescission after partial The Fourteenth Amendment a performance: of severable con- protection of religious liberty tracts generally 8:259 against State invasion 8:56 -upon failure to perform or ex- Due process of law: property rights: pression not to perform 8:254 Excessive special assessment -where benefit has accrued not a taking without due pro- 8:255 cess in absence of timely ob- Right of rescission of partially jection thereto 9:193 executed ultra vires contracts Property acquired by adverse 5:221 possession as a vested right Rescission of instalment contract 6:139 upon but partial performance Zoning: Creation of restricted of an instalment 8:260 residence districts from which Actions: Necessary allegations: in business buildings are excluded actions on specialty and simple as a taking for a public use contracts generally 4:146 2:29 -in special assumpsit 4:146 Due process of law: civil remedies: Remedies on contract: in general: Defense of statute of limita- Before full performance and tions as a vested right 6:135 after partial performance of Jurisdiction over non-resident severable contracts 8:250 motorists by substituted service Remedies on contract: specific per- upon state official 10:45 formance: Delivery of ordinary Due process of law: regulation of personal property where legal trade or business: Prohibition remedy is inadequate 10:59 of unfair methods of competi- Zoning ordinance as an encum- tion valid under Fourteenth brance sufficient to deny reme- Amendment 9:135 dy of specific performance to vendor under a land contract CONSTRUCTIVE NOTICE 10:162, 166 See Notice, Records and Recording Defenses: Adequacy of legal rem- Laws. edy as a defense in suit for INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMsENT Vol.: Page Vol. : Page specific performance of con- View that such agreements are tract for delivery of ordinary void as creating a separation personal property 10:59 of ownership and the right to -necessity for a completely ade- vote 3:162, 165 quate legal remedy 10:60 Corporations de facto: Collateral CONTRIBUTION attack: Corporation de facto See Joint Tort Feasors. subject only to direct attack COPYRIGHT by the State in quo warranto See also: Trade Marks and Trade 3:139, 5:51 Names. Differences between corporations History and nature of the right de facto and corporations cre- 4:81, 85 ated by estoppel of the parties What are proper subjects of 5:46 copyright 4:86 Requirements for the existence CORPORATIONS of a de facto corporation See also: Blue Sky Laws, Constitt- 3:137, 4:217 tional Law (Legislative Powers: Capital, stock, and dividends: Ad- Taxation), Election of Remedies, vantages of no par value stock Estoppel, Foreign Corporatiois, 7:78 Process, Public Utilities. Effect of payment of dividends Creation and organization: Crea- from proceeds of sales of stock tion of corporations by estop- 10:98 pel to deny existence Nature and provisions of the 4:217, 5:46 Uniform Stock Transfer Act De facto corporations: require- 5:91 ments necessary for the exist- Valuation of property, labor or ence of corporations de facto services taken in payment for 3:137, 4:217 stock 3:195 Power of Federal Government -the "good faith" rule 3:197 to create 5:110 -the "true value" rule 3:199 Steps 'in the incorporation of a Contracts: Effect of partial per- Wisconsin corporation 3:64 formance of ultra vires con- What constitutes evidence of in- tracts 5:211 corporation 5:46 Directors: in general: Directors as Dissolution, forfeiture of franchise: agents of the corporation 7:159 Payment of dividends from Relation of directors to the cor- proceeds of sales of stock as poration and stockholders 5:169 grounds for ouster 10:98 Directors: liabilities: Degree of dil- Right of minority stockholder to igence required to avoid lia- compel dissolution of solvent bility to the corporation; slight going corporation on ground care 7:161 of mismanagement 9:285 -care of prudent men in own State regulation: Control of cor- affairs 7:163 porations under the Clayton -care of prudent men in similar Anti-Trust Act 5:133 circumstances 7:165 -under the Sherman Anti-Trust Stockholders: in general: Relation Act 5:122 of stockholders to directors Effectiveness of regulation under 5:169 the reserve clause as compared Stockholders: rights: Right to sue with regulation under the po- for wrongs committed to cor- lice power 7:74 poration prior to acquisition of Extent of Federal control of stock 6:171, 175 corporations 5:114 Right to vote: validity of voting Extent of corporate regulation trust agreement 3:161 under the police power 7:72 Right of minority stockholders Regulation of sale of corporate to compel dissolution of solvent securities 8:135 going corporation on ground Voting trust agreements: Validity of mismanagement 9:285 in general 3:164 Stockholders: liabilities: Liability View that voting trusts are not to creditors of corporation contrary to public policy where full value has not been 3:161, 163, 164, 163 paid for stock: view that the INDEX-DIGEST

References in heavy-faced type are to LEADING ARTicLEs; in plain type to NOTES ANDCOMMENT Vol.: Page Vol.: Page capital stock, to the extent of generally: Underlying princi- the difference in value, is a ples governing the renioval of trust fund for the benefit of causes from State to Federal the creditors 3:195 courts 8:63 -view that good faith in the Classes of cases removable: valuation of property or ser- generally 8:67 vices given in exchange for -cases based on diverse citizen- stock is sufficient 3:197 ship 8.69 -view that the true value of the -cases involving separable con- property or services must be troversies between citizens of paid for the stock to forestall different states 8:71 personal liability. 3:199 -cases involving a federal ques- COURT COMMISSIONERS tion 8:69 Powers and duties of court com- Removal by a non-resident de- missioners: in Wisconsin fendant on ground of prejudice 1:176, 184 or local influence 8:77 COURT OF CLAIMS Particular courts: municipal courts: See Courts (ParticularCourts). Abolition of municipal courts COURTS in county seats as a means of See also: History of Law, Interna- simplifying the organization of tional Law, Trial. the courts of Wisconsin 9:25 In general: Progress in judicial Establishment of more municipal administration and pro. edure: courts as a means for improve- in Wisconsin 5:3 ment of the judicial system in Some popular criticisms of courts Wisconsin 9:33 5:58 Particular courts: probate courts: Powers: The power to declare laws Decrees subject to direct at- unconstitutional: its history, tack only 6:160 nature and effect 7:5, 8:212 Effect of fraud in obtaining de- -duty of courts to exercise the cree upon its finality 6:162 power 7:30 Finality of decrees in the con- -necessity for the power 7:32 struction of wills 7:149 -remedy for danger of possible Particular courts: United States abuse of the power 8:218 court of claims: Its jurisdic- Power of coVrt of equity to try tion 8:275 title to office of a de facto Pleading and practice in 8:287 officer in injunction proceed- Appeals from 8:296 ings 1:48 Particular courts: United States Power of Federal courts to dis- supreme court: The vested regard Congressional rules of powers of the United States procedure 10:209 Supreme Court 10:204 Setting aside verdicts, an uncon- COVENANTS AND CONDI- stitutional assumption of power TIONS by the courts 10:129 See also: Estoppel. Vested powers of the United Covenants running with land: Re- States Supreme Court 10:204 striction imposed by zoning Rules of decision: stare decisis: ordinance subsequently re- Doctrine and history of stare pealed as an implied covenant decisis 6:65 running with the land 10:165 Effect of a final decision of a CRIMINAL LAW court of last resort 8:150 See Constitutional Law (Personal Particular courts: admiralty: Juris- Rights), Descent and Distribution, diction of courts of admiralty History of Law (Courts and generally 4:118 Procedure), Homicide, Trial (Cot- Particular courts: federal courts ] ) duct and Disposal). DAMAGES Outline of the law of damages In general: Futility of requesting 8:174 inflated or excessive damages Exemplary or punitive: Exemplary 10:78 damages as a deformity in the law 2:57 INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT Vol. : Page Vol. : Page As a departure from the logical Requisites and sufficiency of af- rule of damages in civil cases fidavit to obtain 8:25 2:61 Production of documents and ar- Measure of damages: contracts: ticles: How compelled 8:24 Where contract is ultra vires Use upon trial: Relevancy, com- and partially executed 5:219 petency, and admissibility of DANGEROUS PREMISES testimony taken upon an ad- See Landlord and Tenant. verse examination as evidence DEAD BODIES upon trial 8:17 In general: Nature of the interest in a corpse:-a property right DISTRICT AND PROSECUTING 9:19 ATTORNEYS Actions: Replevin as the proper See also: Trial (Conduct and Dis- remedy to secure possession posal). and control over a dead body The office and duties of a district 9:23 attorney 5:190 DECLARATORY RELIEF In Wisconsin 4:111,5:17 DIVORCE Existence or non-existence of a See also: Husband and Wife legal relation as a basis for (Rights of Wife), Wills (Re- declaratory relief 4:113 vocation). DEEDS In general: Aspects of Federal See also: Tax Deeds. control of 5:56 Exception and reservation: Con- Jurisdictional facts necessary for struction of reservations and order for service of process grants of flowage rights 9:90 by publication 4:99 -reservations considered as Property rights: In community easements appurtenant property 6:28 9:91, 92, 95, 97 Grounds for divorce: Cruel and in- DESCENT AND DISTRIBUTION human treatment as a ground Right to inherit: Rights of husband for divorce 10:218 and wife: Husband and wife -what constitutes cruel and in- as heirs to each other 9:101 human treatment 10:219 Right to inherit: effect of homicide: Decree: Conclusiveness of decree Murderer as unable to acquire obtained by collusion: as be- title to property, as heir or de- tween the parties 9:288 visee, by reason of wrong 4:34 DOMICILE View that a murderer acquires In General: Elements and nature full title to property acquired 8:222 as a result of his act 4:35 Distinguished from residence View that a murderer becomes a 8:222 constructive trustee of prop- DOWER erty acquired by wrongful act Dower rights of a widow: gen- 4:40 erally 8:158, 9:103 DISCOVERY Inchoate right of dower not a See also: Appeal and Error, Evi- vested right 6:140 dence, Foreign Corporations. In general: Nature of an adverse DUE PROCESS OF LAW examination 2:142 See Constitutional Law. I4 EASEMENTS Defenses maintainable generally Definition and elements: Ease- 4:151 ments appurtenant 9:95 Scope of the action 4:151 Creation: Easements appurtenant created by grant or reserva- ELECTION OF REMEDIES tion of flowage rights See also: Workmens Compensation EJECTMENT 9:91, 92, 95, 97 Acts. In general: Doctrine of election Allegations necessary to sustain of remedies applicable only the action 4:151 where two or more causes of INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES ANDCOMMENT Vol. : Page Vol.: Page action arise from transaction Estoppel of principal to deny 3:152 agents authority where no ap- Choice of remedies: In the enforce- parent authority is vested in ment of a judgment upon agent 4:7 shares of a stockholder 3:155 Estoppel of undisclosed principal In the foreclosure of a pledge or to deny agency where third chattel mortgage 3:156, 157 party deals with agent as prin- Effect of election: Generally 3:152 cipal . 4"7 Effect of mistaken remedy or action 5:14 EVIDENCE See also: Jury, Trial (Instnctions), ELECTIONS Witnesses. Removal of objections to method In general: The law of evidence in of choosing presidential elec- Wisconsin: an outline tors by states: a new law in 4:45, 94, 158 Wisconsin 10:22 Presumptions: Particular presump- EMINENT DOMAIN tions: Adverse possession: pre- What is a taking: Creation of re- sumption of title in favor of stricted residential districts as true owner of property held a taking 2:29 adversely 8:117 Procedure: Necessity for trial by Inheritance taxes: gifts inter jury in determination of neces- vivos made within six years city for taking under constitu- of donor's death conclusively tional provision providing for "verdict" of jury presumed to be in contempla- 10:245 tion of death 9:2 EMPLOYER AND EMPLOYEE Receipt: presumption of receipt See Patents. of mail matter placed within ENCUMBRANCES mails 10:99 See Contracts (Remedies on: Specific Stock: presumption arising upon performance), Vendor and Pur- issuance of corporate stock in chaser, Zoning. exchange for overvalued prop- EQUITY erty or services 3:198, 202 See Contracts (Remedies on) (De- Wills: presumption of validity of fenses), Courts (Powers), In- will made by blind person iunction. 9:207 ESTOPPEL Wills: presumption that testator See also: Judgments. predeceased his wife in com- In general: What is an estoppel mon disaster 10:247 4:6 Relevancy and materiality: Char- Effect of estoppel: Upon title to acter as evidence: generallv property subsequently acquired 4:46 4:6, 7:85 Conduct as evidence 4:47 Effect upon title to property Admissions and confessions: Gen- where a mortgage has been eral rules governing 4:53 executed 7:83 Admissibility of admissions made Estoppel by deed: Effect: under a in course of negotiations for warranty deed 7:83 compromise 10:252 -under a quitclaim deed 7:84 Instructions to jury as to ad- Equitable estoppel or estoppel in missions 5:30 pais:' In general: As to cor- Hearsay: The hearsay rule and its porate existence 4:217, 5:50 exceptions 4:96 -to whom applicable 4:222 Opinions and conclusions: In gen- Equitable estoppel or estoppel in eral: General rules 4:50 pais: By character or relation Opinions and conclusions: Expert of parties: Estoppel of cor- testimony: Basis and admis- poration, to deny the powers of sibility in handwriting cases its officers or agents 4:219 1:127 Estoppel of members and offi- Force and effect to be accorded cers of a corporation to deny expert medical testimony 1:105 the corporate existence 4:221 Methods of overcoming effect of INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT Vol.: Page Vol. : Page testimony of a disqualified Photographic reproductions or medical witness 1:101 enlargements in handwriting Weight accorded testimony of cases 1:125 handwriting experts 1:136 Testimony taken upon adverse Real evidence: Exhibition and view examination before trial as to jury, when permitted 4:45 evidence upon trial 8:17 Documentary evidence: Authen- Weight and sufficiency: Force and tication: general rules 4:100 effect to be given expert medi- Proof and admission of genuine cal testimony 1:105 writings as standards of com- Instructions to jury as to the parison for disputed documents weight and sufficiency of evi- 1:127, 134 dence 5:22, 25, 26 Rules of preference for docu- Sufficiency of proof of office mentary originals 4:94 custom of mailing to raise pre- Use of extrinsic writings to sumption of receipt by ad- prove authorship of questioned dressee 10:99 documents: English and Amer- Weight to be accorded testimony can common law rule of handwriting experts 1:136 1:115, 127 -exceptions to common law EXCEPTIONS AND RESERVA- rule -1:119, 121, 122 TIONS -statutory changes of common See Deeds. law rule 1:123 Admissibility: Admissions made in EXECUTORS AND ADMINIS- course of negotiations for set- TRATORS tlement 10:252 See also: Witnesses. "Dead man" statutes: persons Trust companies as not proper entitled to protection of agencies to act in the admin- 1:65, 72 istration of estates 4:195 Extrinsic writings in proof of authenticity of disputed docu- EXEMPLARY DAMAGES ments 1:115, 127, 134 See Damages.

FEDERAL COURTS See also: ConstitutionalLaw (Legis- See Courts. lative Powers: Taxation), Cor- FEDERAL LAWS porations. Some important Federal laws and Jurisdiction: Necessary steps in their effect upon corporations obtaining jurisdiction of for- and commerce 5:108, 149 eign corporations in discovery FEDERAL RESERVE proceedings 8:30 See Banks and Banking. Doing business within state: What FEDERAL TRADE COMMIS- constitutes doing business SION within state 2:49, 51 Control of corporations by 5:129 What transactions by foreign FIXTURES corporations constitute inter- Portable garage as a fixture 9:289 state commerce 2:52 FOOD FRAUD See also: Sales. See also: Police Power. Effect of fraud upon the finality Validity of act authorizing an ad- of probate court decrees 6:162 ministrative department to es- Effect of fraudulent transfer of tablish standards for the grad- corporate stock 5:101 ation of food products 9:148 Fraud as an element of construc- FOREIGN CORPORATIONS tive trusts 7:51 In general: Regulation of foreign Fraud as an element of estoppel corporations under Wisconsin in pais as affecting title to statutes 2:45 real property 7:90 INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT

GIFTS Vol.: Page Vol. : Page within six years of donor's Inter vivos: Validity of classifica- death for inheritance taxation tion of gifts inter-vivos made purposes 9:5 ] HIGHWAYS gressional acts as a cause for See also: Municipal Corporations the perpetuity of the Federal (Actions Against). Constitution 7:183 Street car as a "vehicle" within Constitutional law: Legislative meaning of the law of the road powers: Liberal construction with reference to right of way of the powers of Congress as 9:294 a cause for the perpetuity of HISTORY OF LAW the Federal Constitution 7:186 See also: Copyright. Corporations: History of legisla- In general: History of the Mar- tion in Wisconsin relative to quette Law School 8:298 foreign corporations (regula- Lawyers memorialized in the tion of) 2:45 Supreme Court Reports of Courts and procedure: Advantages Wisconsin 9:106 and distinguishing features of Comparison of constitutions of practice and procedure under Russia and the United States Judicature Act of 1873 4:61 8:38, 43, 46, 51 Administrative law: Growth of the Contrasts between present day separation of functions and English criminal trials -and powers of courts and com- modern American trials 10:27 missions 6:5 Contrasts of exterior features of Adoption: History of the law of English and American courts adoption: under the old civil 10:46 law 9:240 Establishment of more municipal -under the civil code of Justin- courts as a means for improv- ian 9:245 ing the judicial system of Wis- Bills and notes: History of the consin 9:33 doctrine of negotiability 6:71 History of the doctrine of Stare Charities: Development of the Decisis 5:86 Wisconsin charity doctrine Injustices of old English crim- 8:168. 10:183 inal trials and their effect in History of the charity doctrine constitutional provisions for in America 10:181 the protection of the accused Constitutional law: In general: 10:1 History of local self-govern- Progress of judicial administra- ment: in America 7:193 tion and procedure: in Wis- -in Wisconsin 7:195 consin 5:3 Home Rule Amendment in Wis- Simplifying the organization of consin 10:69 the courts in Wisconsin: aboli- Wisconsin and its Constitution tion of municipal courts in the 2:37 county seats 9:25 Development of civil government Property: Law of dead bodies: In in Wisconsin 2:64 England 9:18 Constitutional law: Adoption of Development of inheritance Constitutions: History of rights as between husband and events leading up to the crea- wife: in Wisconsin 9:101 tion and adoption of the Fed- Development of women's rights eral Constitution 7:201 in the law 8:152 Constitutional law: Judicial pow- Development of property rights ers: History of the power of of married women: in Wiscon- courts to declare laws uncon- sin 1:15, 53 stitutional 7:5 Growth of the system of com- Power of judicial review of con- munity property 6:28 INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT Vol. : Page Vol. : Page Right of private property as hay- HUSBAND AND WIFE ing no basis in law 9:11 See also: Divorce, Parent and Schools: History of the separation Child, Principal and Surety. of church and state in the mat- Custody of children: Advancement ter of religious education in in the law relative to the right public schools 9:155 of wife to have custody of her HOME RULE children 8:164 History of local self-government: Extent of husband's right to cus- in America 7:193 tody of the person and estate -in Wisconsin 7:195 of minor child 1:59 Matter of education a matter of Rights of husband: Against wife's state control and not within separate estate for expenses of amendment granting home wife's funeral 10:72 rule to municipalities 10:69, 101 -for medical expenses of wife's HOMESTEAD last illness 10:73 In general: The homestead law In community property 6:28 in Wisconsin 2:19 Liabilities of husband: For torts Nature of a homestead right of wife: common law and 2:21 present rule 577 What constitutes a homestead Rights of wife: In general: Nature 2:20 of wife's interest in community Alienation: Extent of exemption property 6:28 of proceeds from sale of home- Right of wife in homestead 2:23 stead 2:22 Rights of wife: In husband's prop- Validity of transfer by husband erty: Development of inherit- without joinder of wife 2:23 ance rights of widow in Abandonment: Intent as a proper property of deceased husband element in determination of 9:101 fact of abandonment 2:22 upon divorce or annulment of HOMICIDE marriage 8:165 As affecting the devolution of Wife's separate estate: Husband's property 4:34 right of reimbursement for ex- Death caused by ordinary negli- penses of wife's funeral and gence in operation of automo- last illness 10:72 bile contrary to statute, as Property rights of married wom- manslaughter 10:113 en generally Necessity for criminal intent in 1:16, 53, 5:79, 6:28 crime of involuntary man- -under Married Woman's Prop- slaughter 10:113 erty Act 8:156

I INCOME TAXES INJUNCTION Important decisions construing the Nature and scope: As improper Wisconsin Income Tax Act remedy for the recovery of a 1:191 dead body 9:24 INFANTS As proper remedy toi prevent Contracts: Right of recovery by disturbance of the office of a infant of consideration paid de facto officer 1:46 under contract subsequently As proper remedy to prevent il- avoided 6:77 legal use of trade marks 9:167 INHERITANCE TAXES Effectiveness of remedy to pre- Nature: Theory of succession tax- vent search of premises for ation 9:262 liquor 9:291 Property subject to tax: In gen- INSTRUCTIONS TO JURY eral 9:266 See Trial. Gifts made within six years of INSURANCE donors death as not properly Nature of contract: Surety bonds the subject of taxation 9:5 as contracts of insurance 1:148 INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT Vol. : Page Vol.: Page Warranties and representations: method of attaining world Concealments, representations peace 3:58 and warranties as affecting -plans for the creation of such contracts of fire insurance: in a state "3:59 Wisconsin 2:118, 120, 122 World court: Expediency of ad- Proceeds: Right of married women herence to a world court 10:20 to proceeds of life insurance INTERSTATE COMMERCE generally 8:157, 160 See also: Constitutional Law (Legis- State control of companies: Con- lative Powers), Foreign Corpora- trol of foreign insurance com- tions. panies in Wisconsin 'prior to Powers of Congress: Extent of passage of statute excluding Federal control of corpora- operation of all unlicensed tions engaged in 5:108, 149 foreign corporations 2:46 Federal development and con- INTERNATIONAL LAW trol of water power of naviga- In general: As the present law ble streams as not within the between nations 10:11 commerce clause of the Fed- Need for genuine and effective eral Constitution 8:7 code of international laws as Burdens imposed by states: Com- a basis for the formation of pulsory inspection of food a world court 10:15 products shipped out of a Treaties: In general: Advice and' state not an unconstitutional consent of the Senate as interference with interstate necessary elements in the mak- commerce 9:149 ing of a valid treaty 4:167 When will a tax on capital stock The treaty making power of the of corporations not be con- Constitution 4:167 sidered a burden upon inter- Treaties: Construction: Law of state commerce 10:97 contracts inapplicable in the INTERSTATE COMMERCE construction of treaties 10:15 COMMISSION League of Nations: Creation of an Federal control of interstate car- international commonwealth riers through the commission or state, with three depart- 5:116 ments of government, as a INTERVENING CAUSE See Proximate Cause.

JOINDER OF ACTIONS --where decree is obtained by See Actions. fraud 6: 162 JOINT TORT FEASORS JURISPRUDENCE See also: Judgments. See also: History of Law. In general: Concerted wilful Nature of law: Nature, sources, wrong as an essential element and classification: generally for application of rule against 6:162 contribution 1:142 Pragmatism as a philosophy of Contribution: Nature and effect of law 9:63 rule against indemnity for True concept of the nature of liability between joint tort natural law 3:91 feasors 1:141 In general: Relation of economics Rule against contribution inap- and jurisprudence 5,177, 6:34 plicable except in cases of in- Relation of logic to law 3:205 tentional wrong 1:142 Relation of psychology to law JUDGMENTS 1:196 See also: Appeal and Error (Par- JURY ties), Election of Remedies. See also: History of Law (Courts Effect and conclusiveness: Con- and Procedure), Trial (Conduct clusiveness of judgments of and Disposal) (Instructions). probate courts: generally 6:159 Right to trial by jury: As an ef- -in the construction of a will fective survival 8:125 7:149 In determination of question of INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT Vol.: Page Vol. : Page necessity for the taking of of genuineness of extrinsic property under the power of standards for handwriting eminent domain 10:245 comparison purposes 1:125 Not created or guaranteed by Setting aside verdicts as a viola- Magna Charta 8:127 tion of 10:129 Not denied by allowing court to Waiver of jury trial: By motion determine preliminary proof to direct verdict 5:16 ]

LANDLORD AND TENANT practice should do and know See also: Tenancy at Will. 10:151 Rights and liabilities of parties: Education: Advantages and value Liability of landlord for dan- of a law school training gerous condition of leased 8:203, 205 premises where there is an Importance of early legal train- express covenant to repair ing 8:198 7:222 Purpose of thorough legal edu- Liability of landlord in absence cation 8:199 of covenant to. repair: with John Marshall: His constitutional reference to portions of leased decisions and their effect upon premises under exclusive con- the interpretation of the Fed- trol of tenant 7:214 eral Constitution 7:111 -with reference to premises Roujet D. Marshall: His influence over which landlord retains upon the Wisconsin Charity control 7:218 doctrine 10:177 Liability of tenant where land- LIBEL AND SLANDER lord has covenanted to repair Words actionable: Words imput- 7:223 ing crime and immorality as Liability of tenant in absence of actionable per se 9:115 any covenant to repair: with LICENSES reference to portions of prem- Particular subjects of license: ises under tenant's exclusive License to operate beauty control 7:220 parlor not necessary under -with reference to those por- statute requiring license for tions of premises under land- barbering 9:117 lord's control 7:220 LIENS Right of lessee of homestead See also: Admiralty. property to quit where wife Nature and requisites: Nature of of lessor fails to join 10:48 a lien generally 2:70, 74 Surrender: Effect of re-leasing of Requisites and nature: of specific premises by landlord upon or particular liens 2:70 surrender 10:51 -of general liens 2:72 Rights of landlord upon aban- Property subject to: Generally donment of premises: gener- 2:70 ally 10:50 Right of lien on chattels held Right of tenant after surrender without authority of owner to re-enter and remove por- 2:73 table garage 9:290 Loss or waiver: Loss of lien LAWYERS AND LEGAL EDU- where goods pass out of CATION bailee's possession 2:74 See also: Attorney and Client, His- LIMITATIONS OF ACTIONS tory of Law, Jurisprudence, See also: Adverse Possession, Tax United States. Deeds. In general: Elements of consider- Creation or extention of statute of ation in the choice and es- limitations as an impairment tablishment of a law practice of vested rights 6:135 1:159 Validity of provision in surety Lawyers memorialized in the bond limiting time of com- Wisconsin Reports 9:106 mencement of action thereon Things a lawyer beginning 1:149 INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES ANDCOMMENT M Vol. : Page Vol.: Page MARITIME LIENS In general: Defined 7:192 See Admiralty. Milwaukee's budget system 4:13 MARRIAGE Powers and functions: In general: Validity of common law marriages Powers to contract: generally in Wisconsin 6:82 6:58 MASTER AND SERVANT Power to regulate hours and See also: Patents, Principal and wages of labor on public work Agent, Workmen's Compensation 5:150 Acts. What constitutes a governmental Relation of master and servant function: in Wisconsin necessary to fix liability upon 1:166, 172 parent for torts of child committed while using family au- Powers and functions: Borrowing tomobile 6:178,.9:199 money: General theory and Validity of hour and wage regula- purpose of municipal bonds tions on public works 5:150 3:35 MECHANICS LIENS Municipal bonds as proper only See Liens. for the payment of extraor- MILITARY LAW dinary expenditures 3:35 See also: War. Powers and functions: Taxes: Nature and sources of military law Sources of revenue under the 3:26 power to tax 3:33 Contrast of dignity of military and Powers and duties of officers: Of civil courts 3:188 a city clerk 3:127 Tribunals which administer mili- -of a mayor 3:40 tary law 3:28 MINIMUM WAGE Torts: Liability for nuisances Regulation of upon public works, maintained in the performance of governmental functions by contract, statute or ordi- 1:173 nance 5:150 MORTGAGES Actions against: Notice as a con- See also: Chattel Mortgages. dition precedent to bringing Discharge: By tender of payment actions for injuries sustained into court 7:234 by a defective highway or MUNICIPAL CORPORATIONS bridge 7:230 See also: Home Rule, Public Imi- MUNICIPAL COURTS pronelents. See Courts (Particular Courts).

]

NATIONAL BANKRUPTCY ACT Imputed negligence as applied See Bankruptcy. against a guest in a private NATURALIZATION conveyance 3:169, 6:181 See Aliens. Liability of a manufacturer or NAVIGABLE WATERS vendor to third parties for negligence: in the construction or See also: Waters. preparation of manufactured Extent of Federal control of navi- goods generally 1:93 gable streams under the com- -in the preparation of food merce clause of the United products 9:196 States Constitution 8:7 NOTICE Water power of navigable streams See also: Actions, Animalr, Chattel a property right of riparian Mortgages, Records and Record- owners 8:3 ing Laws. NEGLIGENCE Imputed: Imputation of attorney's See also: Homicide, Proximate knowledge of facts to client Cause. 9:114 INDEX-DIGEST

References in heavy-faced type are to LEADI.G ARTICLES; in plain type to NOTES AND COMIMENT P Vol. : Page Vol. : Page PARENT AND CHILD Pleas and answers: Dilatory pleas: See also: Adoption. when applicable generally 4:137 Education of Child: Compulsory Pleas by way of traverse: form public school attendance as a and effect 4:135 violation of parental rights Pleas in confession and avoid- secured by the Fourteenth ance: nature and requisites Amendment 7:96 4:136 Proposed Federal Bureau of Motions based on pleadings: Mo- education of violation of par- tion in arrest of judgment: ential rights 10:35 when applicable 4:144 The Fourteenth Amendment a Motion for judgment notwith- basis for the protection of standing the verdict 4:145 rights of parents to control the educuation of their children PLEDGES 8:54 See also: Election of Remedies. Torts of child: Liability of parent Nature and requisites of a pledge for torts of child committed 2:75 while using family automobile POLICE POWER 6:178, 9:198 See also: Blue Sky Laws, Constitu- -effect of general authorization tional Law, Corporations. allowing use of automobile for In general: Bona fide exercise of all occasions 6:180 of police power not restricted PATENTS by contract clause of Consti- Rights of employer and employee tution 6:130 to inventions and patents de- Compulsory public school at- veloped by the employee dur- tendance as an invalid exercise ing the course and within the of the police power 7:103 scope of employment 7:206 The reverse clause of a Consti- -where no express provision is tution as a more effective made for their assignment means of regulating corpora- 7:207 tions than the police power PERPETUITIES 7:74 See Rule Against Perpetuities. As to use and enjoyment of prop- PLEADING erty: Creation of restricted In general: Framing of pleadings residence districts from which by the aid of an adverse ex- business buildings are excluded amination before trial 8:17 as an unlawful exercise of the Outline of the law of common police power 2:27 law pleading 4:130 Restrictions on contracts and busi- In courts of Admiralty, generally ness: Compulsory inspection of 4:128 food products shipped out of a In United States Court of state as within the police Claims 8:287 power 9:151 Complaint: In general: Exagera- Prohibition of unfair methods of tion of facts in complaint as competition in business as a cause of total failure of re- within the police power 9:135 covery 10:78 Health, morals, and general wel- Complaint: Necessary allegations: fare: Destruction of property In particular classes of actions: or closing up of businesses Case 4:152 during epidemics as a valid -contract 4:146 exercise of the police power -ejectment 4:151 3:46 -replevin 4:157 PRACTICE -trespass 4:149 See Actions, Appeal and Error, -trover 4:156 Courts (Particular Courts), Dis- Demurrers: Nature and effect of coz'ery, History of Law (Courts demurrers: generally 4:130 and Procedure), Injunction, -effect of demurrer in opening Pleading. Process, Tender, Trial, the record 4:133 U'zited States. INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT Vol.: Page Vol.: Page PRINCIPAL AND AGENT Homestead, Landlord and Ten- See also: Estoppel, Master and ant, Records and Recording Servant. Laws. Who are agents: Directors as agents of a corporation 7:159 PROXIMATE CAUSE Liabilities of principal: Liability of Effect of intervening causes: Where undisclosed principal for un- same are not reasonably at- authorized contracts of agent tributable to the injured party within the apparent scope of 4-75 the agency -where the intervening event is 4:6 an act of God 4:78 -- vhere third party is ignorant of agency and deals with agent PUBLIC BUILDINGS as the principal 4:7 See also: Landlord and Tenant. PRINCIPAL AND SURETY Statutory duty of owner of a See also: Bonds. public building to keep same in Ability of married woman to be- repair 7:224 come surety for third persons PUBLIC IMPROVEMENTS 8:162 In general: Power of State or mu- PROBATE COURTS nicipality to establish a mini- See Courts, Judgments. mum wage and to limit the PROCESS hours of labor on public work Service and execution: by publica- * 5:150 tion: Nature of service by pub- Procedure: Procedure in cities of lication 6:106, 113 the second, third and fourth Averments necessary in applica- classes, in making local im- tion fQr order for publication provements: in Wisconsin 6:104 7:169 Jurisdictional facts necessary to Steps in the creation of a drain- establish for the basis of an age district 4:214 order for publication 6:98, 104 -where defendant is a corpora- PUBLIC UTILITIES tion organized within the state See also: Corporations (State Regu- 6:99 lation). Preparation of papers to obtain What callings are public: Under order for publication 6:101 the common law 3:68 Procedure to obtain proper pub- Regulation: in general: Extent and lication and service 6:109 basis of governmental regula- Service and execution: by substi- tion of public service corpora- tution: Validity of statute tions 3:67 authorizing substituted service Extent of Federal control and upon non-resident motorists by power over carriers and cor- service on state official 10:43 porations engaged in interstate PROPERTY or foreign commerce 5:114 See Adverse Possession,Dead Bodies, PUNITIVE DAMAGES Easeements, History .of Law, See Damages.

RAILROADS Limits of discretion of commis- Actions against: N4otice as a con- sion in denying certificate of dition precedent to the com- "necessity" 10:248 mencement of action for in- REAL PROPERTY juries to property or live stock See Adverse Possession, Easements, 7:229 Estoppel, History of Law, Land- Construction: Commission not au- lord and Tenant, Records and thorized to deny certificate of Recording Laws, Tax Deeds. "necessity" and "convenience" RECORDS AND RECORDING because of detriment or ab- LAWS sence of necessity as to indi- See also: Torrens System. viduals along proposed right Proposed system for recording of way 10:250 of titles to real property as a INDEX-DIGEST

References in heavy-faced type are to LEADING .ARTICLES; in plain type to NOTES AND COMMENT Vol.: Page Vol. : Page means of relief against dangers RESULTING TRUSTS of constructive notice 1:73 See Trusts. Validity of unrecorded chattel REVERSIONS AND REMAIN- mortgage as against subse- DERS quent purchaser with notice As within provisions of Constitu- 10:67 tion forbidding impairment of REMEDIES vested rights 6:139 See Election of Remedies. ROMAN LAW REPLEVIN See Civil Law. As the proper remedy to secure RULE AGAINST PERPETUI- TIES possession and control of a Applicability of dead body 9:23 the rule to per- Defenses proveable generally sonal property: in Wisconsin 4:157 10:243 Necessary allegations generally Effect of the rule upon the Wis- 4:157 consin Charity doctrine 10:195 Scope of the action Query as to whether the Wis- 4:156 consin rule will remain solely RESIDENCE a rule of suspension of aliena- See Domicile. tion 10:241 S SALES STATUTES Uniform sales act: Sec. 45 8:265 See also: Adverse Possession. Uniform conditional sales act: Validity: in general: History and Sec. 1 10:212 nature of the power of the Sec. 18 10:212 courts to declare laws uncon- Sec. 23 10:212 stitutional 7:5, 8:212 Rights and remedies of buyer: The common law as a basis for Specific performance of con- determination of constitution- tracts for the delivery of or- ality 8:215 dinary personal property 10:59 Construction: particular classes of Representations of seller: Effect statutes: Zoning laws 2:27 of misrepresentation as to mat- Adoption Statutes 9:239 ters of law 10:105 Implied warranties: In sale of Construction: particular statutes: food products by manufacturer Clayton Anti-Trust Act 5:133 or dealer 9:195 Declaratory Relief Statute, Wis- SCHOOLS consin 4:111,5:17 See also: Constitutional Law (Per- Drainage Law, Wisconsin 4:213 sonal Rights) (State Rights) Federal Reserve Act 5:124 Due Process of Law), Parent Federal Trade Commission Act and Child, History of Law. 5:129 SEARCH AND SEIZURE Federal Water Power Act 8:1 See Injunction. General Charter Law of Wiscon- SPECIAL VERDICT sin: local improvements 7:169 See Trial. Homestead Law, Wisconsin STARE DECISIS 2:19 See Courts (Rides of Decision). Income Tax Act, Wisconsin STATUTE OF FRAUDS 1:191 See also: Contracts. Interstate Commerce Coimis- Interests in land: Validity of parol sion Act; and supplemental trusts: in Wisconsin 7:53 acts 5:116 Promises to Answer for debt of Marketing Law, Wisconsin 9:131 another: Promises that are Sherman Anti-Trust Act 5:122 within the statute 2:150 Statute of limitations on right to Promises not within the statute question validity of tax title 2:145 2:124 STATUTE OF LIMITATIONS Uniform Stock Transfers Act See Limitations of Actions. 5:91 INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT Vol. : Page Vol.: Page Shipping Board railroads upon showing of United States 10:250 Act 5:137 Wilson Tariff Act 5:124 "agricultural purposes" in exemp- Workmens' Compensation Act, tion provision of Homestead Wisconsin 7:41 Act 2:23 Construction: particular words or "jury" in constitutional provision clauses: "transacting business" providing for verdict of jury in statute forbidding unlicensed in taking property by eminent foreign corporations to do domain 10:246 business within state 2:49,51 STOCK "public convenience and neces- See Corporations,Blue Sky Laws. sity" in statute authorizing is- SURETYSHIP suance of building permit for See Principal and Surety.

TAXATION payment of money into court See also: Income Taxes, Inheritance 7:233 Taxes. -time and manner of payment In general: Method of taxing mer- 7:236 chants' and manufacturers' Effect: Effect and necessity of pay- of money into stock 2:32 ment or tender The problem of taxation of for- court 7:233 including cut Withdrawal of money paid in est properties, 7:237 over lands, and a remedy for the problem 10:84 TORRENS SYSTEM Franchise tax: Constitutional limits See also: Records and Recording on franchise taxation of foreign Laws. corporations engaged in inter- Nature and purpose of the sys- 6:117 state commerce 10:96 tem DEEDS View that it is an unnecessary TAX innovation 6:114 principle of tax Nature: Underlying View that it is a constructive and deeds 2:87 necessary change from the re- secure a Acquisition: Procedure to cording system 6:118 tax deed after expiration of TORTS period: in Wiscon- redemption See Admiralty, Automobiles, Joint sin 2:91 Tort Peasors, Municipal Corpo- the Proceedings preliminary to Negligence, Proximate in rations, issuance of a valid tax deed: Cause. Wisconsin 2:89, 93 TRADE MARKS AND TRADE Validity: Defects and errors which NAMES may render a tax deed void on See also: Copyright. its face 2:132 Nature: Distinction between a trade Technical errors and defects suf- mark and a trade name 9:179 ficient to invalidate, and meth- General nature and character- ods of attacking the validity istics: of the law of trade of tax deeds: before the statute marks 9:168 of limitations has run 2:94 -of the law of trade names -after the statute of limitations 9:179 has run 2:125 Marks and names subject to own- TENANCY AT WILL ership: In general 9:173 Nature and creation: In general Infringement: What constitutes: 4:39 with reference to trade marks Construed as a periodic tenancy 9:176 under Wisconsin statutes -with respect to trade names 4:40 9:179 Termination: Necessity for a notice Transferability: Trade mark trans- to quit to terminate 4:43 ferable only when sold with TENDER property it represents 9:170 Mode and sufficiency: Tender by By operation of law 9:171 INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENT Vol. : Page Vol. : Page TREATIES offense 5:25 See International Law. As to positive and negative tes- TRESPASS timony 5:31 Allegations necessary to sustain As to the effect of answers to an action of trespass 4:149 questions in a special verdict Defenses pleadable, generally 4:69, 5:32, 10:131 4149 As to the preponderance or con- Scope of the action 4:148 vincing power of evidence: in TRIAL general 5:26 See also: Actions, Discovery, Evi- on the principle of falsus in uno, dence, History of Law (Courts falsus in omnibus 5:29 and Procedure), Jury, Pleading. -with reference to the number In general: Investigation and prep- and character of the witnesses aration for trial under statutes 5:26 of discovery: (4096-326.12) of Verdict or finding of jury: special Wisconsin statutes 2:139,8:15 verdict: Effect of informing The "ins" and "outs" of a law jury of the effect of answers suit 3:111 to questions in aspecial ver- Conduct and disposal: in general: dict 4:69, 5:32 Method of preparing for and -criticism of rule holding such conducting jury trials: gener- information improper ally 5:41 4:71, 10:131 -of criminal jury trials: by a district attorney 5:192 TROVER AND CONVERSION Conduct and disposal: remarks of Allegations necessary to sustain the action, generally 4:156 counsel: Discretionary limits to which prosecuting counsel may Scope of the action 4:155 go in argument in criminal TRUSTS cases 10:243 See also: Charities, Corporations Instructions: in general: With ref- (Voting Trust Agreements). erence to special verdicts gen- In general: Development, advan- erally 5:32 tages and purpose of invest- Duties of counsel: with reference ment trusts 10:38 to requesting instructions 5:34 Charitable trusts in the Ameri- -in the matter of taking timely can law 7:131 and sufficient exceptions to in- Implied: in general: Wisconsin structions given or to refusals doctrine of resulting and con- to give instructions 5:37 structive trusts 7:50 Duties of the court: in re-in- Implied: constructive: Murderer as structing a jury 5:38 constructive trustee of property Instructions: as to particular mat- acquired by wrongful act ters: necessity, propriety, and 4:40 correctness: As to admissions Parol: Application of the statute of 5:30 frauds to constructive and re- As to burden of proof: in civil sulting trusts: generally 7:53 actions: generally 5:25 Trustees: Trust company as im- -where fact essential to recovery proper agency to act in ca- constitutes a fraud or criminal pacity of trustee 4:195

F UNFAIR COMPETITION Application of doctrine: As to See also: Administrative Law, Con- proper names 9:182 stitutional Law (Judicial Pow- As to geographical names 9:184 ers: Delegation of Powers) Under the Wisconsin Marketing (Equal Protection of Laws) Laws 9:134 (Due Process of Law: Regula- tion of Trade or Business). UNIFORM LAWS Nature: Doctrine of unfair trade See also: Bills and Notes, Corpora- distinguished from that of tions (Capital, Stock, and Divi- trade marks 9:181 dends), Sales. INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NoTs ANDCOMMENT Vol. : Page Vol.: Page Obstacles to be met to secure uni- UNITED STATES formity of law 9:220 Practice of attorneys before the Uniformity of law and its prac- United States Treasury De- tical application in the Nego- partment; preliminary steps tiable Instruments Act 9:217 regulation 9:187

VENDOR AND PURCHASER vendor under contract to con- See also: Statute of Frauds. vey free of all encumbrances Effect of zoning ordinance upon 10:162, 166 contract to convey land free VERDICT and clear of all encumbrances See Trial. 10:161 VESTED RIGHTS Zoning ordinance as an encum- See Constitutional Law. brance sufficient to deny rem- VOTING TRUSTS edy of specific performance to See Corporations. T WAR Revocation: By act of testator: See also: Aliens, International Law, Elements of a proper express Military Law. revocation 10:233 Events leading up to the termina- Presumptions with respect to tion of the World War: the revocation 10:234 peace notes, the armistice, the Revocation: By operation of law: surrender 3:3 Implied revocation by change War powers under the Federal of circumstances or conditions: Constitution 2:3 generally 3:125, 10:234 WATERS -by divorce of testator 9:208 See also: Navigable Waters. Necessity for property settle- Federal Water Power Act: Pro- ment between divorced parties posed Federal development to work an implied revocation and control of water power of 9:209 navigable rivers not of public Who may make: Generally domain as unconstitutional as 3:118, 10:221 not within the commerce Age as no bar to the making of clause of the Federal Consti- a will 3:120 tution 8:1, 7 Mental weaknesses sufficient to Riparian rights: Construction and -incapacitate testator 10:223 transferability of grants and Testamentary capacity of blind reservations of flowage rights person 9:206 9:90 Who may take: Generally 10:229 Flowage rights as easements ap- Probate, contest: Effect and val- purtenant 9:91, 92, 95, 97 idity of provision in will re- Water power of navigable stream quiring a substantial forfeiture as the private property of in case the same is contested riparian owners 8:3 10:169 WILLS Effect of fraud, undue influence, See also: Descent and Distribution. and mistake upon the validity In general: Nature and elements of a will: generally 10:225 of a valid will 3:117, 119 Effect of provision in will that Outline of the law of wills of testator should be deemed to Wisconsin 3:117, 10:220 have predeceased his wife (his Wills distinguished from other beneficiary) in case both dispositions of property 10:230 should die in a common dis- Execution: Requisites necessary to aster 10:247 the proper execution of a will Nature of undue influence and 3:121, 10:231 the elements necessary to set When is a will executed in the aside a will on that ground "presence" of the testator 3:122 3:123 INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES ANDCOlMENT Vol.: Page Vol. : Page Construction: Effect of a final de- with deceased persons: in cree of probate court constru- general 1:65 ing will: view that such decree -executors and administrators is but presumptive evidence of 1:70 the correct construction 7:149 WORKMEN'S COMPENSATION -view that such decree, if not ACTS induced by fraud, becomes Theory and purpose: General na- final at the expiration of a ture, purpose and theory of the year from date of entry there- Acts 3:112, 114, 7:39 of 6:161 Construction and administration: Administration of the Act by WITNESSES the Industrial Commission of See also: Evidence, Trial (Instruc- Wisconsin 7:42 tions). Construction of miscellaneous Qualification: Of witnesses gen- provisions of the Act 10:52 erally 4:48 Extraterritorial effect of the Act Of handwriting experts 1:131 7:41 Of non-expert handwriting wit- Persons and employment within nesses 1:133 statute: Employee of National Competency as to particular mat- Guard 9:120 ters: Authorship of disputed Status of the National Guard writings: expert witnesses under the Act 9:121 1:130 'Growing out of' employment: Sun -non-expert witnesses 1:133 stroke not an industrial acci- Transactions or communications dent 3:115

Z ZONING -as a taking of private property Creation of restricted residence for a public use 2:29 districts from which business Effect of repeal of zoning ordi- buildings are excluded: as an nance upon property previ- unlawful exercise of the police ously subject thereto 10:165 power 2:27 Zoning ordinance as an encum- brance upon land 10:161, 166