6: 643

3:795

14:126

Sale on condition.
On what property.
Of future accounts or earnings.
Efficacy of mortgage on chattels to be
manufactured or acquired as independ-
ent articles, and not as increase or fruits
of existing property:-the general rule;
effect as between the parties; effect of
further act to perfect title in the mort-
gagee; property contemplated as addi-
tions to other property; the exception
established by equity; application of
equitable exceptions; where equitable
exception is not recognized; the attitude
of courts of law towards the equitable
doctrine; sufficiency of record notice;
the effect of Holroyd v. Marshall, in
England.
18:298

Efficacy of a chattel mortgage on fixtures:
-as against mortgagor and persons con-
senting to or recognizing them as valid;
as against landlord; as against real-
estate mortgage; effect of execution of
chattel mortgage before annexation;
effect of agreement that articles shall
remain chattels; execution of mortgage
as evidence of agreement; effect of
chattel mortgage as against subsequent
purchaser or incumbrancer; filing mort-
gage as constructive notice.
On crops; crops to be grown or unplanted
crops; of interest of cropper for ad-
vances to raise crops under lease. 10: 490
When fraudulent.
Description of goods.
Delivery and acceptance.
Sufficiency of pre-existing debt as consid-
eration of a chattel mortgage to give
rights as a bona fide purchaser or mort-
gagee.
19:590

15: 56

5:137
3: 795
6: 641

MORTGAGE.-Continued.

Of chattels; retaining possession of chat-
tels by mortgagor.
5: 137
Effect upon the validity of a mortgage of
merchandise, of a provision or agree-
ment giving the mortgagor the posses
sion with power of sale:-(1) the general
rules; (2) mortgage showing possession
with power of sale; (3) effect of extra-
neous agreement; (4) sales by mortgagor
as agent for mortgagee; (5) how far the
instrument is void in toto; (6) effect of
Recording Acts; (7) effect of statutes
making fraud a question for the jury;
(8) effect of mortgagee's taking posses-
sion; (9) analysis of the law in different
jurisdictions.
18: 604

Title in mortgagee.
Filing; necessity of.

6: 641
(brief) 14: 190
Registration and filing as equivalent to
delivery; validity under Recording
Acts; effect of actual notice; renewal;
priority of liens; novation; mortgage
of stock of goods.

13: 388

Extraterritorial force of chattel mort-

MOTIVES.

11: 545

For actions, not themselves actionable.
MUNICIPAL CORPORATIONS.
Duties and Liabilities as to Streets, see
HIGHWAYS.

Mandamus, to Compel Payment of Claim
against, see MANDAMUS.

Powers of, as to Particular Matters, see
also BUILDINGS; LICENSE; PEDDLERS;
STREET RAILWAYS; WEIGHTS AND
MEASURES.

For what purposes appropriations may be
made by.
14: 474
Creation of; right of Legislature to delegate
power.
(brief) 8: 106

Legislative power over. 1: 757, (brief) 21: 841
Authority of Legislature to remove from
trusteeship.
16: 695

Extension of city limits.

1: 757, 6: 266, 11: 778, (brief) 7: 736, 776
Amendment of charter. (brief) 17: 263
Discrimination by municipality between its
own residents and other residents of the
same state.
16: 49
(brief) 7: 649
Vote of common council or similar body as
affected by personal interest of members.
18: 367
Ordinances, by-laws, and resolutions; pow-
ers to license and regulate business; pen-
alties.
2: 721, 3: 261

Building regulations, validity of.

ued.

Powers; to prescribe fire limits, and restrict
erection of wooden buildings. 12:150
To regulate use of property. (brief) 20: 692
To prohibit cultivation of ground within
limits.
(brief) 8: 855
To regulate telephone business.

13: 185

(brief) 2: 279

13: 383, (brief) 15: 354

Taxation by; power of. 9: 787 (brief) 1: 167
On rural lands.
5: 444

Power to exempt property from taxation;
legislative authority for; exemption for
a consideration.

15: 860

(brief) 15: 354

(brief) 3: 269
Limitation of the doctrine of ultra vires, in
respect to municipal corporations.
19: 619 (brief) 21: 658
Statutory requirements as to letting con.
13: 353
1: 169, 2: 54, 3: 472

tracts.

Powers generally.

To be exercised impartially.

Special grant of.

6: 268
2: 721

Devesting themselves of granted powers.

(brief) 10: 216

8:487

As to streets. (brief) 15: 555, (brief) 2: 143
To light streets.
Delegation of municipal powers as to li-
cense, franchise, and buildings:-street
parades; Salvation Army; amusements;
saloons; license of hacks, etc.; license of
peddlers, auctions, sales, plumbers;
buildings; markets; toll; wharves and
bridges; railroad grants; lights; gas
and lighting companies; city property;
contracts; miscellaneous.

20: 721, (brief) 2: 143
Delegation by city council of the power
to determine the width, grade, material,
etc., of street, sidewalk, or sewer im-
provements; grades of streets; sidewalks;
materials; contracts; assessments. 20: 653
To donate property for worthy purposes.
11: 123
To erect buildings. 11: 123 (brief) 1: 167
To borrow money.
7: 759, 9: 497
Limitation of power to incur debt.
(brief) 4: 336
As to condemnation of property for pub-
lic uses.
8: 123
To make public improvements; supplying
with gas.
11: 729

(brief) 2: 242, (brief) 6: 60, (brief) 15: 401
Claims against; power to settle.
Liability on contracts.

For damages.

Distinction between public and private
functions of municipal corporations in
respect to liability for negligence.

19:452
For torts of agent; misfeasance or neglect
of officers. 1: 844, 2: 142, 367, 500, 712,
3: 257, 4: 325, 6: 270, 9: 205, 11: 416,
(brief) 12: 160

For acts of policemen.
For acts of firemen.
For negligent failure to
regulations.

As to drains and sewers.
For wrongful maintenance

15: 783
15: 781

enforce police
(brief) 19: 789
1: 297

of a sewer.
(brief) 7: 465

For acts of highway commissioners.
For accidents on streets.

(brief) 7: 157

3: 257, (brief) 6: 59
For damage from falling wall. 2: 712
For injuries caused by grading street.

2: 606
For stone removed in constructing sewer
in street.
(brief) 3: 831
For obstructed gutter, sewers, etc.
(brief) 5: 798
For furnishing impure drinking water.
(brief) 7: 592
For lack of water to extinguish fire.
(brief) 15: 375
For nuisance; for neglect of duty. 7: 156
For authorizing dangerous nuisance,
such as fireworks. (brief) 21: 642
City officers, who are.
14: 646
Control, payment, and suspension of sub-
ordinate officers.
(brief) 3: 854
Removal of president of city council.
(brief) 19: 779

11: 545

NEGLIGENCE.-Continued.

Imputed negligence.

8: 494, (brief) 11: 252, (brief) 16: 800
Criminal negligence of servant not im-
puted to master.

Of driver, as to passenger.

3: 644

1: 152, 6: 143, 9: 157
Whether imputable to wife injured while
riding with husband.
14: 733
Contributory negligence of parent or cus-
todian as bar to an action by child for
negligent injuries:- where the parent's
negligence actively contributed; negli-
gence in permitting the child to stray
into danger; exercise of due care by the
child; where defendant might have
avoided the injury after discovery of
peril; where child is able to take of
himself.

NEGOTIABLE INSTRUMENTS.

See BILLS AND NOTES; CHECKS.

NEWSPAPERS.

As manufactures.

21: 761

14: 107

What constitutes.

Who liable for publication of libel by.
(brief) 9: 103

NEW TRIAL.
Disqualification of juror as ground for:-
general statement of the law; waiver of
objection by silence; ignorance of dis-
qualification; neglect to make inquiries
as affecting party's right; objections on
the ground of juror's age; alienage;
want of property qualifications; irregu-
larities of selection; bias of jurors; re-
lationship; preconceived opinions; juror
having served on grand jury; conceal.
ment of interest by juror; preponderance
of evidence to show bias; criminality of
juror.
18:473
Upon ground of newly discovered testimony:
when granted.
(brief) 6: 79
Cumulative evidence as ground for: what is
cumulative evidence; modifications and
limitations of the rule; admissions and
declarations of party; other instances.
14: 609

Setting aside verdict against evidence.

10: 705

21: 340

12:58

12:41

(brief) 9: 776

5: 414, 6: 688

10: 369

Defined; by substitution of debtor; substi-
tuted obligation.

(brief) 4: 764

(brief) 12: 259

For perjury.

13: 336

(brief) 21: 642

For chance verdict.

11: 706

For separation of jury.

In eminent domain.

3: 210
2:422

By telegraph poles and wires.
By railroad in street.

(brief) 6: 455

(brief) 6: 255

By maintaining powder magazines.

Impeaching verdict by juror.

(brief) 7: 262

5: 523, 9: 820, 11: 706

Liability for injury caused by defective
premises; liability of landlord. 5: 794

Prescription not legalize.

1: 296, 8: 831, (brief) 10: 587
Liability of all maintaining. (brief) 7: 272
Remedies against.
4: 209, 8: 831
Abatement of public nuisance. 6:763
Indictment to abate. 9: 711, (brief) 9: 722
Right of municipality to abate.

(brief) 6: 738
Power of municipality to remove build-
ing as a nuisance.
(brief) 19: 803
Right to compensation for property de-
stroyed in abating a public nuisance:-as
to nuisance in highways; as to killing
animals; as to liquor nuisance; as to
gaming apparatus; as to fish nets; as
to liability for removing buildings on

PORATIONS.

Officers; who are. 17: 243, (brief) 18: 313
Definitions; what distinguishes an office
from a mere employment or contract;
are attorneys public officers; attendants
of courts; clergymen; marshals, sheriffs,
and their deputies; keepers of public
money; officers of public institutions;
officers of school districts; constables;
tax collectors; members of Congress and
of State Legislature; miscellaneous in-
stances; instances of persons perform-
ing public duties who have been held
not to be public officers.
17: 243
Election of, as distinguished from appoint-
ment.
15:106
Time when must be eligible. (brief) 19: 623
Incompatibility of offices.

5: 853, 11: 613, 13: 670, (brief) 8: 229
Constitutional power of appointment. (brief)
4: 102, (brief) 5: 115, (brief) 21: 539
Exercising appointing power in one's own
behalf.
(brief) 2: 510
Power of removal or suspension. (brief)
18: 410, (brief) 19: 779, (brief) 21: 634
Right to remove summarily:-particular
officers; particular provisions; implica-
tions; where term of office is fixed; re-
movals for cause; nature of proceeding.
15: 95
Power to suspend indefinitely without
pay.
(brief) 3: 854
Impeachment of. 7: 426, (brief) 20: 574
Term of office.
11: 272
Vacancy in office by failure to file bond
within the time prescribed. 16: 140
By death of officer elected before his term
begins.
14:858
Power of public officers to make contracts
binding on their successors or for a term
of years: for services of teachers, attor
neys, or depositaries; for water, gas,
etc.
16: 257, (brief) 18: 447
To contract with the public or munici-
pality which he represents:-contracts
not involving conflict of interests; stat-
utes prohibiting contracts with. 15: 520
In whose name acts by deputy officers
should be performed:-where both prin-
cipal and deputy seem to have acted;
where the act is in the name of the
principal alone; where the designation

OFFICERS.-Continued.

of the office is erroneous or incomplete;
where the act is in the name of the
deputy: (1) as to deeds; (2) as to the
execution of process and writs; (3) as to
the certificates of clerks; actions by and
against deputies.

19:177

Bargains by candidates; sale of offices.

5:217
Trial of title to office; proceedings to test
right.
8:228
Cannot be tried in replevin. (brief) 9: 408
Equity jurisdiction as to contests. 5: 403
Liability; for acts performed by.

(brief) 15: 558
On contracts made by them for the pub-
lic:-instances and illustrations; excep
tional cases where liability exists; on
negotiable paper.
15: 509
For defects in abstract of title. 22: 99
Personal liability for judicial acts:-neces-
sity of jurisdiction; conclusiveness of
determination as to jurisdiction; statu-
tory limit of jurisdiction; issuing
warrants, attachments, etc.; errors occur-
ring after acquiring jurisdiction; en-
forcement of authority; contempt;
conflicting with higher court; malice or
impure motives; officiousness; inter-
meddling; corrupt use of authority:
proceedings after judgment. 14: 138
Of justice of the peace for judicial acts.
(brief) 15: 210

For interest on public funds.

15: 456, (brief) 20: 226
For loss of public funds by failure of
bank.
Abuse of trust by.
Appropriation for salary;

De facto officer; who is.

(brief) 13: 659

(brief) 20. 839

how made.

(brief) 8: 403

11: 105, (brief) 12: 202
Under unconstitutional statute. 21: 141
De facto and de jure distinguished; right
to salary.
13: 177
Right of officer de jure to salary for period
during which a de facto officer has acted
and received pay.

OIL.

As part of the soil.
Covenants in oil lease.
OLEOMARGARINE.
Regulation of traffic in.

19: 689

6: 281

12: 290

1:52, 6: 633, 11: 532, (brief) 15: 839
Interstate commerce in.
(brief) 10: 830
OPINIONS.

As Evidence, see EVIDENCE.