Kentucky Law Journal

Volume 14 | Issue 4 Article 10

1926 Indices to Volume 14 Kentucky Law Journal

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Recommended Citation Kentucky Law Journal (1926) "Indices to Volume 14," Kentucky Law Journal: Vol. 14 : Iss. 4 , Article 10. Available at: https://uknowledge.uky.edu/klj/vol14/iss4/10

This Table of Contents is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. INDEX

ARTICLES Page An Altered Memorandum Under the Statute of Frauds-Charles .T. Turc ...... 97 Constitutionality of Zoning Ordinances-George W. Meuth ...... 23 Comments on Decisions in Criminal Cases in 1924--John Junior Howe ...... 124 Exemption of College Fraternity Property from Taxation-Harlan Hobart Grooms ...... 33 Ideals of a Lawyer-T. L. Edelen...... 3 Implied Powers of Corporations in Kentucky-O. A. Wehle 45 Is Escheat of Corporation Property "Due Process"-C. A. Wehle._ 136 Legal Education and Admission to the Bar in Kentucky-W. L. P'orter ...... 36 Liability of the Owner of an Automobile for the Negligence of His Chauffeur and His Family in the Operation of His Cor-Fem. D.S ampson ...... 201 Progress Under Law-Gardner K. Byers ...... 285 Proposed Changes In the Rash-Gullion Act-H. C. Kennedy ...... 41 Shares Without Par Value-Cassius M. Clay ...... 108 The Governor's Power to Remove County Officials-Chas. J. Turck 330 The Ohio Company of Virginia-Samuel M. Wilson ...... 213, 299 NOTES Courts-Martial-Harlan Hobart Grooms ...... 52 Emancipation as Affecting the Disabilities of Infants-Eugene B. Cochrane ...... 345 Federal Probationary Powers-Eugene B. Cochrane...... 157 Rights and Powers of an Officer in Serving a Process-Woodson, D.S cott ...... 348 Some Problems In the Execution of Wills-Harlan Hobart Grooms 149 The Doctrine of Judicial Notice-Woodson D. Scott . 237 BOOK REVIEWS Cases on Criminal Law-William E. Mikell...... 269 Cases on Business Law-Ralph Stanley Bauer and Essel Bay Dillavon ...... 269 Cases on Equity, VoL 2-Walter Wheeler Cook 190 Cases on Trusts-George P. Costigan, Xr...... 194 Economic Liberalism--Jacob H. Hollander ...... 270 Europe Turns the Corner-Stanley High 272 Famous American Jury Speeches-Frederick 19. Hicks ...... 273 Inheritance Taxation and the Federal Estate and Gift Taxes- Lafayette B. Gleason and Alezander Otis 274 International Law and Some Current Illusions, and Other Essays ---John Bassett Moore 89 International Law-harles G. Fenwick -- - - 186 386 I-DEX Page International Relations-Raymond Leslie Buell ...... 375 International Society, Its Nature and Interest-Phillip Marshall Brown ...... 377 Lecture on Legal Topics-Anonymous ...... 91 Lycurgus or the Future of the Law-E. S. P. Haynes...... 380 Manual of Substantive Law Forms-larence F. Birdseye ...... 193 Modern Jury Trials and Advocates-Jnuge Joseph W. Donovan - 84 On the Trail of the Bad Men-Arthur Train 195 Profits-Win. Trufant Foster and Waddill Catchings . 275 Students' Manual of Bankruptcy Law and Practice-Lee E Joslyn 379 The Collegiate Law Dictionary--James- John Lewis 88 The Constitution of the United States Yesterday, Today and To- morrow--James M. Beck ...... 85 The Growth of the Law-Benjamin M. Cardozo 87 The Historical Foundations of the Law Relating to Trade Marks- Frank I. Schechter ...... -...... 372 The Law-Business or Profession-Julius Henry Cohen...... 187 The New Annotated Federal Judicial Code-James Love Hopkins.- 194 The Permanent Court of International Justice-Alexander P. Fachiri ...... 192 The Supreme Court and Minimum Wage Legislation-National Consumers' League ...... 378 The Political Awakening of the East-George Matthew Dutcer - 188 The Recent Foreign Policy of the United States-George H. Blaikeslee ...... 276 The United States Senate and the International Court-Frances Zellaj 'na Antonia Hatvany ...... 380 The World Court-Antonio Sanches de Bustamante 280 Who's Who in Jurisprudence-John William Leonard - 278 ACCORD AND SATISFACTION Compromise and Settlement-Accord and Satisfaction Must be Executed, but Compromise and Settlement Need Not be _-- 6r ADVERSE POSSESSION Possession of Vendee Under an Executory Contract of Sale, Not Adverse Until' Conditions Thereof are Performed or Vendor's Title Repudiated ...... -....-..-.-...... 163 When Possession. of Junior Patentee Restricted to Property En- closed Stated ...... -.-.....-...... --.. 244 ATTORNEY AND CLIENT Disbarment Authorized in Common Law Proceedings for Failure to Pay Over Funds Notwithstanding Prescribed Statutory Rem- edy ...... 165 BAILMENTS Duty to Return Balled Property Absolute ... 4 BANKS AND BANKING Combined Bank and Trust Company Held Entitled to Act as an Insurance Agent ...... -...... -- ...... 245 INDEX

BILLS AND NOTES Page Check Accepted by Bank Nine Months After Issuance Regarded as Past Due . 355 BREACH OF PEACE Mere March of Masked Persons Not Breach of Peace 245 CARRIERS Carrier Had Duty to Assist Passenger to Alight 58 COMMERCE Commerce Embraces Sale of Goods After Reaching Destination and while they are in the Original Packages 356 COMPROMISE AND SETTLEMENT Accord and Satisfaction Must be Executed but Compromise and Settlement Need Not be - 69 CORPORATIONS Foreign Corporation Entitled to Sue Purchaser or to Protect its Property Without Filing Statement Required by Statute - 75 Foreign Corporations Held Not Doing Business Within State so as to Require Filing Statement with Secretary of State to Main- tain Action 166 Verbal Agreement for Purchase of Corporate Stock Held Present Sale Under Evidence 247 COVENANTS Broken Covenant does Not Pass Title to Property 62 CRIMINAL LAW Courts will Not Decide Abstract Propositions or Moot Cases . 60 Witness, to be an Accomplice, Must Sustain such Relationship to Criminal Act as that he could be Jointly Indicted with Ac- cused 72 Argument of Counsel that Defendant Appeared in Court on Crutches, whereas he Ordinarily Wore an Artificial Leg Held Not Improper 248 On Appeal from Conviction for Child Desertion Accused Cannot Complain as to Testimony of Wife Unobjected to and Unex- cepted to at Trial 248 CROPS Annual Crops Personalty-Grasses, Fruits and Perennial Crops Part of Realty 78 DAMAGES No Recovery for Physical Injuries Due to Fright without Impact Permitted 65 Advance Notice of Facts Is Necessary to Recovery of Anticipated Profits 80 DEATH Continuance bf Life Presumed Until Expiration of Statutory Seven Year Period ...... 73 Right of Wife who Deserts Husband and Lives in Adultery to Re- cover for Husband's Death...... 249 '88 INDEx

DEEDS Page Conveyance of Fee Simple Title to Grantee having Defeasible Fee Releases Possibility of Reverter ...... 64 Deed Need Not have Name of Grantor Recited Therein .... 167 DESCENT AND DISTRIBUTION Designation of Testator's Children as Beneficiaries in Life Insur- ance Policy Held "Advancement" ...... 168 DOWER Failure of Deed to Include Wife's Name In Caption or Granting or Habendum Clause Not Fatal in Relinquishing Dower ...... 357 ELECTIONS If Facts Alleged Show Eligibility to Hold Office Not Necessary for Contestant to Allege that he was Eligible ...... 251 Losing Candidate for Party Nomination for Office hf no Inherent Right to Contest Successful Nomination ...... 251 Marking of Ballots by Clerks In Voters' Presence. and Presence of Others Void ...... 252 Secrecy of Ballot Held Not Violated by Want of Election Booths to Extent Requiring Votes Cast in Precinct to te Thrown Out -. 252 Where Both Parties Contesting Nomination Violated Corrupt Practice Act, Neither is Entitled to Nomination Under Statute 358 ESCROWS Depositary with Instructions as to Parties' Agreement Concerning Delivery and Taking Effect of Instrument Necessary ...... 254 ESTATES Merger of Title and Lien Occurs only when they Center in Same Person without Intervening Equities ...... 263 EVIDENCE Dying Declarations Admissible only when Declarant's Death is Subject of Charge ...... 74 EXPLOSIVES Negligence of Grocer Selling Mixture of Gasoline and Kerosene Delivered by Defendant Does Not Absolve Defendant from Lia- bility ...... 168 FRAUDS, STATUTE OF Party Making Verbal Offer to Sell Lease of Ten Years Not Bound by Another's Written Acceptance ...... 256 HOMICIDE Self-Defense Instruction Properly Qualified, where there was Evi- dence that Defendant Invited Combat ...... 257 HUSBAND AND WIFE Wife May Contract for Improvement of Realty In Own Name or Through Husband as Agent, In View of Statute ...... 360 INFANTS Married Women who were Mothers Made Affidavits that they Were of Age, Held Estopped from Repudiating Conveyances Because IN-DEX 389 Page of Infancy and Subsequent Purchasers from Them Acquire no Title 268 INSURANCE Insurer Held Not Liable on Fire Policy where Check Given for Cash Premiums was Dishonored - 67 INJUNCTIONS Power of Courts of One State to Enjoin Prosecution of Actions Be- tween its Citizens in Another State will be Exercised with Great Caution ...... 361 INNKEEPERS One Held "Guest" and Not Boarder so as to Impose Common Law Obligation of Innkeeper for Loss of Automobile .. 63 INTOXICATING LIQUOR Taking Drink and Handling Bottle Not Unlawful Possession .... 169 Evidence of a Path from House to Still Held Not Sufficient for Con- viction ...... 260 Sufficient Evidence to Sustain Conviction ...... - 362 JURY Trial for Felony by Seven Jurors by Agreement Held Unauthorized and Unconstitutional ...... 170 LANDLORD AND TENANT A Mere Agreement for a Lease does Not Create a Tenancy ...... 260 LIBEL AND SLANDER Newspapers Not Held to Exact Facts ...... 81 Accusations Concerning Morality of School Teacher Held Prima Facie Slanderous per se, Making Allegations or Proof of Spe- cial Damage Unnecessary ...... - 171 LIMITATIONS OF ACTIONS Acknowledgment of Husband as Constructive Trustee of Trust in Favor of Wife Constitutes Continuing and Subsisting Trust Against which Statute of Limitations Does Not Run Until Re- pudiated by Wife ...... - 172 MASTER AND SERVANT Compensation for Injury Credited on Servant's Judgment Against Third Person ...... 59 Relation Presumed to Continue for Reasonable Time After Sale of Business without Knowledge of Servant ...... 174 Injury to Employe by Co-Employe Playing with Air Hose Held Not Accident Arising Out of and in Course of Employment ...... 262 MINES AND MINERALS Coal Company Held Within Rights Under Deed in Objecting to Surface Owner's Construction of a House on a Proposed Route to Power Transmission Line ...... 363 MORTGAGES Acquisition by Senior Mortgagee of Mortgagor's Interest Does Not Result in Merger Unless Intention to Merge Clearly Appears.. 263 INDEX

MUNICIPAL CORPORATIONS Page That City Engineer was Only De Facto Officer did Not Invalidate Contracts ...... 67 Servant Suing for Injuries Must Allege City was Not Performing Governmental Function ...... 79 NEGLIGENCE Merchant Required to Keep Safe Only Part of Premises to. which Customers are Invited ...... 175 Railroad Station Platform on which Boys are Accustomed to Skate, Not Attractive Nuisance 176 NUISANCE Undertaking Establishment in Residence District Not Enjoined, though Depreciating Property and Causing Mental Annoyance 178 PROPERTY Broken Covenant Does Not Run with Title 62 REWARDS Peace Officer Making Arrest while Acting Within Line of Duty Cannot Recover Reward Therefor ...... 364 SEARCHES AND SEIZURES Seizure of Liquor Found on Search Made with Defendant's Con- sent Held Not Unlawful -...... 82 Woodland Located Some Distance from House could be Searched Without Warrzit ...... 265 STATUTES Invalidity of Portion of Statute on which Other Portions are De- pendent.Fatal to 'Whole Statute .... 178 TAXATION Statute Held Not to Dispense with Requirement that Sheriff's Set- tlement of Taxes Collected Shall be Filed with the- County Court ...... 266 TENANCY IN COMMON Notice as to Common Ownership Held Not to Defeat Right to Com- mission, where Broker Relied on Representation of the Owner as to Authority to Act ...... 366 TRIAL Rule as to Instruction on Rate of Speed, where Defendant Offers Incorrect Instruction thereon, Stated -.- 180 Limiting Number of Witnesses to Prove Reputation in Issue in Libel Suit Held Error ...... 367 TRUSTS Designation of Cestui Que Trust as Spendthrift Unnecessary to Create "Spendthrift Trust" ...... 70 Constructive Trust in Reality Becomes an Express Trust when the Constructive Trustee Recognizes the Existence of the Con- structive Trust and Promises to Fulfill the Trust 266 INDEx 391

WILLS Page Instrument Promising to Pay Designated Person a Sum Certain In Money on Testator's Death Held to be a Will and Not a Note - 77 Contingent Remainder Where Title Vests Pending Happening of Contingency 181 Legacy of Shares of Stock Held Not Adeemed by Consolidation of Companies, where Shares of Consolidated Companies are Is- sued in Place of Old Shares 182 On Devise in Fee, Gift Over of what Is Left or Not Disposed of by First Taker is Void, But if Only Life Estate Is Given, Liilta- tion Over is Valid - 184 The Word "Children" is a Word of Purchase and Not of Limitation, Unless a Contrary Purpose Appears from the Will Itself -- 368 When Devise Over of Undisposed of Remainder is Valid Stated-..- 370