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CIVIL DAMAGE LAWS.
See "Intoxicating Liquors," § 3.

before the rights of third persons intervene.-
Wasserman v. McDonnell (Mass.) 959.

CIVIL RIGHTS.

3. Rights and remedies of creditors.
A trustee in bankruptcy is not a party to a
mortgage, executed by the bankrupt, within the
meaning of the statute providing that an un-
recorded chattel mortgage shall be void against See "Constitutional Law," §§ 2, 5, 6.
a person other than the parties thereto unless
there has been a delivery of the property.-
Clark v. Williams (Mass.) 723.

Facts attending the giving of a chattel mort-
gage held to show that there was no construc-
tive delivery of the property which was in the
hands of a third person at the time.-Clark v.
Williams (Mass.) 723.

CLAIMS.

Against estate of decedent, see "Executors and
Administrators," § 3.

CLASS LEGISLATION.

*The delivery required by Rev. Laws, c. 198, See "Constitutional Law," § 5.
§ 1, requiring delivery of mortgage chattels in
order to render the mortgage valid as against
third persons, in the absence of record, deter-
mined.-Clark v. Williams (Mass.) 723.

4. Foreclosure.

CLERKS OF COURTS.

Power of deputy in probate proceedings, see
"Wills," § 6.

CLOUD ON TITLE.

Rev. Laws, c. 198, §§ 4-7, relative to fore-
closure of chattel mortgages and redemption
from foreclosure, held inapplicable to foreclo-
sure under power of sale contained in the mort- See "Quieting Title."
gage.-Wasserman v. McDonnell (Mass.) 959. Tax title, see "Taxation," § 5.

A sale of goods under a power of sale con-
tained in a chattel mortgage is not invalidated
as against a purchaser for value by an irregu-
larity in the execution of the power of sale.
Wasserman v. McDonnell (Mass.) 959.

CHEAT.

See "False Pretenses"; "Fraud."

CHECKS.

See "Associations."

CLUBS.

COLLATERAL AGREEMENT.

Parol evidence, see "Evidence," § 9.

COLLATERAL ATTACK.

On drainage proceedings, see "Drains," § 1.

Fraudulent issuance of, see "False Pretenses." On judgment, see "Judgment," § 5.

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See "Process."

CITATION.

On appeal, see "Appeal and Error," § 6.

CITIES.

See "Municipal Corporations."

CITIZENS.

Equal protection of laws, see "Constitutional
Law," § 6.

On preliminary proceedings for constructing lo
cal improvements, see "Municipal Corpora-
tions," § 6.

On qualification of notary to take affidavit, see
"Notaries."
On records of county board, see "Counties," § 1.

COLLATERAL INHERITANCE TAXES.
See "Taxation," § 6.

COLLATERAL UNDERTAKING.
See "Frauds, Statute of," § 1; "Guaranty.”

COLLISION.

With street cars, see "Street Railroads," § 2.

COMBINATIONS.

See "Conspiracy."

COMMERCE.

Carriage of goods and passengers, see "Car
iers"; "Shipping."

1. Power to regulate in general.
Act Cong. May 25, 1900, c. 553, 31 Stat.
187 [U. S. Comp. St. 1901, p. 290], authorizes
a state to enact laws prohibiting the possession
of dead game within certain periods, whether
taken within the state or imported.-People v.
Hesterberg (N. Y.) 1032.

§ 2. Means and methods of regulation.
*Rev. Laws, c. 65, §§ 15, 16, relative to
peddlers' licenses, held a regulation of commerce
* Point annotated. See syllabus.

in conflict with Const. U. S. art. 1, § 8.-Com-
monwealth v. Caldwell (Mass.) 955.

COMMISSIONERS.

Drainage commissioners, see "Drains," § 1.
Scope and extent of review of proceedings be-
fore, see "Appeal and Error," 16.

COMMISSIONS.

Of broker, see "Brokers," §§ 2, 3.
Of trustee, see "Trusts," 8 4.

COMMITTEE.

Of corporate stockholders, see "Corporations,"
§ 3.

COMMON CARRIERS.

See "Carriers."

COMMON SCHOOLS.

See "Schools and School Districts," § 1.

COMPENSATION.

For performance of contract, see "Contracts,"
§ 2.

For property taken for public use, see "Emi-
nent Domain," §§ 2, 3.

For services, see "Master and Servant," § 2.
Of broker, see "Brokers," §§ 2, 3.
Of county officers, see "Counties," § 1.

Of municipal officers, see "Municipal Corpora-
tions." § 2.

Of shriff or constable, see "Sheriffs and Con-
stables," § 1.

Of trustee, see "Trusts," § 4.

COMPETENCY.

Of evidence in criminal prosecution, see "Crim-
inal Law," § 5.

Of witnesses in general, see "Witnesses," § 1.

COMPETITION.

Unfair competition, see "Trade-Marks and
Trade-Names," § 2.

COMPLAINT.

In criminal prosecutions, see "Criminal Law,"
§ 3; "Indictment and Information."

CONCLUSION.

In pleading, see "Pleading," § 1.
Of witness, see "Evidence," & 10.

CONDEMNATION.

Taking property for public use, see "Eminent
Domain."

CONDITIONAL SALES.

See "Sales," § 7.

CONDITIONS.

In dedication, see "Dedication," § 2.

In deed of land conveyed to city for street, see
"Municipal Corporations," § 8.

In insurance policies, see "Insurance," §§ 4, 5.
In railroad tickets, see "Carriers," § 5.
Precedent to action, see "Action," § 1.
Precedent to action by stockholders, see "Corpo-
rations." § 3.

Precedent to action by trustee in bankruptcy,
see "Bankruptcy," § 1.

Precedent to action for reformation of instru-
ment, see "Reformation of Instruments," § 1.
Precedent to action for wrongful death, see
"Death," § 1.

Precedent to condemnation of property for pub-
lic use, see "Eminent Domain," § 3.
Precedent to relief against tax title, see "Taxa-
tion," § 5.

CONFESSION.

Pleading by way of confession and avoidance,
see "Pleading," § 2.

CONFIDENTIAL RELATIONS.
Disclosure of communications, see "Witnesses,"
§ 1.

CONFIRMATION.

Of assessment for public improvements, see
"Municipal Corporations," § 8.

CONFLICT OF LAWS.

See "Charities," § 1.

Conflicting jurisdiction of courts, see "Courts,"
§ 4.

CONSIDERATION.

COMPOSITIONS WITH CREDITORS. Contract of conditional sale as consideration

See "Compromise and Settlement."

COMPROMISE AND SETTLEMENT.
See "Payment"; "Release."

Compromise of will contest as release of errors
assigned, see "Appeal and Error," § 12.

for promise to pay price, see "Sales," § 7.
For appeal bond, see "Appeal and Error," § 6.
Of bill of exchange or promissory note, see
"Bills and Notes," § 1.

Of contract, see "Contracts," § 1.

Of fraudulent conveyance, see "Fraudulent Con-
veyances," § 1.

Of release, see "Release," § 1.

CONSOLIDATION,

In proceedings to set aside a verdict in action
for personal injuries, held error to receive af-
fidavits on behalf of plaintiff in whose favor
the verdict was rendered as to a settlement and of actions, see "Action," § 2.
refuse those offered by defendant.-Kuehn v.
Syracuse Rapid Transit Ry. Co. (N. Y.) 589.

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1. Civil liability.

it shall be void if sold by the purchaser on the
*All parties to a conspiracy to injure an- sidewalk.-Collister v. Hayman (N. Y.) 20.
other's business because of his refusal to do

some act held liable for resulting loss or overt
acts done in pursuance of the conspiracy.
Purington v. Hinchliff (Ill.) 47.

*Certain boycott agreement held illegal.
Purington v. Hinchliff (Ill.) 47.

*To sustain an action for damages for a con-
spiracy, it must appear that an act done pur-
suant to the conspiracy proximately caused the
injury complained of.-Britton v. Young (Ind.
App.) 327.

*Under Burns' Ann. St. 1901, § 577, a person
assaulted in pursuance to a conspiracy between
several persons held entitled to recover judg-
ment against all the conspirators.-Britton v.
Young (Ind. App.) 327.

§ 2. Criminal responsibility.

Under Cr. Code, § 272, an indictment for
conspiracy to obstruct the administration of
justice held sufficient.-Tedford v. People (Ill.)
60.

or

*A conspiracy may be proved either by direct
by circumstantial evidence.-Tedford

People (Ill.) 60.

CONSTABLES.

See "Sheriffs and Constables."

CONSTITUTION.

See "Beneficial Associations."

CONSTITUTIONAL LAW.

Provisions relating to particular subjects.
See "Appeal and Error," $ 27; "Commerce,"
1: "Counties." §§ 1, 3; "Criminal Law," § 1
"Eminent Domain," § 1; "Judges,' § 1
"Jury," § 1; "Taxation," § 1.

V.

to protect all citizens in their civil and legal
Laws 1895, p. 974, c. 1042, entitled "An act
rights," does not apply to a provision in a clause
in a theater ticket rendering it void if sold by
the purchaser on the sidewalk.-Collister v.
Hayman (N. Y.) 20.

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*The Legislature may validate by curative
act any proceedings which it might have author-
ized in advance.-People v. Wisconsin Cent.
R. Co. (Ill.) 80.

§ 5. Privileges or immunities, and class
legislation.

Acts 1903, p. 255, c. 145, relating to the im-
provement of highways, held not unconstitution-
al.-Spaulding v. Mott (Ind. Sup.) 620.

§ 6. Equal protection of laws.

*Laws 1904, c. 432, regulating the keeping of
employment agencies in cities of the first and
second class, is not, because it applies only to
cities of the specified classes, in violation of
Const. U. S. Amend. 14, guarantying the equal
protection of the laws.-People v. Warden of
City Prison of New York (N. Y.) 11.

§ 7. Due process of law.

Local Improvement Act, § 84 (Hurd's Rev. St.
1903, c. 24, § 590), relative to a hearing on the
certificate of improvement, etc., held to afford due
process of law.-People v. Cohen (Ill.) 388.

*U. S. Const. Amend. 5, providing, among
other things, that no person shall be deprived of
life, liberty, and property without due process
of law, applies only to congressional legislation,
and cannot be invoked to affect state legislation.

Enactment and validity of statutes, see "Stat--Barton v. Kimmerley (Ind. Sup.) 250.
utes," § 1.

Special or local laws, see "Statutes," § 2.

§ 1. Distribution of governmental pow-
ers and functions.

*Where the Supreme Court finally adjudges
a particular tax to be invalid, the Legislature
cannot thereafter validate the levy and make
the tax collectible.-Chicago & E. I. R. Co. v.
People (Ill.) 571.

Act April 23, 1902 (95 Ohio Laws, p. 259),
Rev. St. 1905, §§ 1536-60, 1536-61, providing
for detaching unplatted farm lands from cities
and incorporated villages on petition to the court
of common pleas, is not unconstitutional as con-
ferring legislative power on the court of common
pleas or a judge thereof.-Incorporated Village
of Fairview v. Giffee (Ohio) 865.

The power of defining the functions of the
judicial department is under the Constitution
limited only by the general rule that a grant
of general powers to any department constitutes
an implied exclusion of all other departments
from the exercise of such powers.-Incorporated
Village of Fairview v. Giffee (Ohio) 865.

Burns' Ann. St. 1901, §§ 2385-2390, providing
for the sale of the property of absentees, held
not repugnant to U. S. Const. Amend. 14, guar-
antying due process of law.-Barton v. Kim-
merley (Ind. Sup.) 250.

*Burns' Ann. St. 1901, § 3977, relative to
construction of sidewalks in certain cities, held
not to deprive abutting owners of property with-
out due process of law.-Dyer v. Woods (Ind.
Sup.) 624.

Act Feb. 27, 1905 (Acts 1905, p. 59, c. 48:
4 Burns' Ann. St. Supp. 1905, § 893 et seq.)
held not unconstitutional as a deprivation of
property without due process of law.-Morrison
v. Indianapolis & W. Ry. Co. (Ind. Sup.) 961.

*Laws 1900, p. 22, c. 20, as amended by Laws
1902, p. 487, c. 194, Laws 1902, p. 879, c. 317,
and Laws 1904, p. 1413, c. 588, prohibiting
the possession of game coming from without
the state during the close season, is not uncon-
stitutional as depriving a person of property
without due process of law.-People v. Hester-
berg (N. Y.) 1032.

CONSTRUCTIVE TRUSTS.

§ 2. Personal, civil, and political rights.
*Laws 1904, c. 432, regulating the keeping of
employment agencies, held a valid exercise of
the police power, and not in conflict with the See "Trusts," § 1.
constitutional right to carry on a lawful busi-
ness. People v. Warden of City Prison of New
York (N. Y.) 11.

CONTEST.

Liberty of purchaser to sell his property held Of election, see "Elections," § 2.
not involved in provision in theater ticket that Of will, see "Wills," § 4.

* Point annotated. See syllabus.

CONTINUANCE.

settlement.-

joining in a contract of fam"
Case v. Collins (Ind. App.) 781.
*Agreement between employers and labor un-

Certain amendment of declaration held not
cause for continuance on ground of surprise.-ion held valid.-Jacobs v. Cohen (N. Y.) 5.
Wabash R. Co. v. Campbell (Ill.) 346.

*A motion for continuance on the ground of
surprise resulting from an amendment of a plead-
ing held properly overruled.-B. Shoninger Co.
v. Mann (Ill.) 354.

CONTRACTS.

see

82. Construction and operation.

A complaint in an action for breach of a
contract held insufficient to show that plaintiff

had such a beneficial interest in the contract
as would enable him to sue thereon.-Rodhouse
v. Chicago & A. Ry. Co. (Ill.) 836.

Individual clauses of a contract must be con-
strued in connection with the rest of the agree-
ment.-New England Cotton Yarn Co. v. Lau-

Agreements within statute of frauds,
"Frauds, Statute of."
Assessment of damages for breach, see "Dam-rel Lake Mills (Mass.) 231.
ages," § 3.

Assignment, see "Assignments."

Cancellation, see "Cancellation of Instruments."
Election of remedies on breach, see "Election
of Remedies."

Examination of witness in action on, see "Wit-
nesses," § 2.

Harmless error in action on, see "Appeal and
Error," § 22.

Operation and effect of gaming laws, see "Gam-
ing," § 1.

Parol or extrinsic evidence, see "Evidence," § 9.
Parties entitled to sue on contractor's bond, see
"Parties," § 1.

Reformation, see "Reformation of Instruments."
Specific performance, see "Specific Perform-
ance."

Subrogation to rights or remedies of creditors,
see "Subrogation."

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*Where a contractor attempted in good faith
to perform his contract, he was entitled to re-
cover the contract price less such deductions as
should be made on account of errors or omissions
in doing the work.-Bergfors v. Caron (Mass.)
655.

The owner of a building in process of con-
struction held entitled to a forfeit allowance
for the contractor's delay up to the time the
contractor was ejected from the premises be-
fore completion.—Phaneuf v. Corey (Mass.) 718.
3. Rescission and abandonment.
*Where a party to a contract makes a misrep-
resentation as to a material existing fact, the
one to whom it is made may rescind the contract.
-Gardner v. Mann (Ind. App.) 417.

§ 4. Performance or breach.

An answer predicating the defense to an action
for breach of contract on a provision making
unavoidable cause an excuse for failure to per-
form held not to state facts sufficient to bar
the action.-Connersville Wagon Co. v. McFar-
lan Carriage Co. (Ind. Sup.) 294.

§ 5. Actions for breach.

In an action to recover on a building contract,
requiring the approval of the work by defend-
ant's architect as a condition precedent to pay-
ment, the question whether an unreasonable
and vexatious delay in payment was occasioned
by defendant's fault held one for the jury.-
Fitzgerald v. Benner (Ill.) 709.

In an action to recover on a building con-
tract, an instruction on the issue of the re-
fusal of defendant's architect to deliver to
plaintiffs a final certificate of approval of the
work held not defective as not stating what
facts constituted bad faith and lack of just
cause on the architect's part in refusing to
deliver the certificate.-Fitzgerald v. Benner
(Ill.) 709.

CONTRADICTION.

Particular classes of express contracts.
See "Bailment"; "Bills and Notes"; "Cove-
nants"; "Deeds"; "Exchange of Property"
"Guaranty"; "Insurance"; "Partnership"; Of witness, see "Witnesses," § 3.
"Principal and Agent"; "Principal and Sure-
ty"; "Sales."

Charter parties, see "Shipping," § 1.
Employment, see "Master and Servant."
Leases, see "Landlord and Tenant."
Limitation of liability, see "Carriers," § 7.
Marriage settlements, see "Husband and Wife,"
§ 2.

Sales of realty, see "Vendor and Purchaser."

Particular modes of discharging contracts.

CONTRIBUTION.

By heirs of co-surety, see "Descent and Dis-
tribution," § 1.

From husband's estate for indebtedness paid
by wife, see "Husband and Wife," § 5.

CONTRIBUTORY NEGLIGENCE.

See "Negligence," §§ 2-5.

Of passenger, see "Carriers," § 8.

See "Compromise and Settlement"; "Payment"; Of person injured by act of servant, see "Master

"Release."

§ 1. Requisites and validity.

A contract of family settlement held not ex-
ecutory, but to have become operative from its
date.-Case v. Collins (Ind. App.) 781.

A conveyance of certain land to a married
woman held a sufficient consideration for her

and Servant," § 10.

Of person injured by defective sidewalk, see
"Municipal Corporations," § 12.

Of person injured by operation of railroad, see
"Railroads," § 8.

Of person injured on highway, see "Highways,"
$ 4.

Of servant, see "Master and Servant," §§ 6, 9.
* Point annotated. See syllabus.

CONVERSION.

corporation may adopt by-laws for the govern-
ment of the company, by-laws must be adopt-
Wrongful conversion of personal property, see ed by the directors and managers, and not by
"Trover and Conversion."

CONVEYANCES.

the stockholders.-Manufacturers'
Bldg. Co. v. Landay (Ill.) 146.

Exhibition

In fraud of creditors, see "Fraudulent Convey- as an amendment to a by-law is binding.

ances."

In trust, see "Trusts," § 1.

Where all the stockholders of a corporation are
directors, a resolution adopted by the directors
although it is not ratified by the stockholders
in accordance with a requirement of a by-law
of the corporation.-Manufacturers' Exhibition

Conveyances by or to particular classes of Bldg. Co. v. Landay (Ill.) 146.

parties.

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Disposition of action by, on reversal by appel-
late court, see "Appeal and Error," § 29.
Equitable jurisdiction of suit by stockholder to
compel payment of dividends, see "Equity,"
§ 1.
Hearsay in action to enforce liability of di-
rectors, see "Evidence," § 7.
Mandamus, see "Mandamus," § 2.
Mandamus to compel issuance of certificate of
incorporation, see "Mandamus," § 1.
Power of municipality to incur indebtedness
in aid of corporation, see "Municipal Corpo-
rations," § 13.

Proof of corporate existence as condition pre-
cedent to condemnation of property for public
use, see "Eminent Domain," §3.
Right to corporate stock as between legatees
and devisees, see "Wills," § 6.
Taxation of corporations and corporate prop-
erty, see "Taxation."

Particular classes of corporations.
See "Beneficial Associations"; "Building and
Loan Associations"; "Carriers"; "Exchan;
ges"; "Municipal Corporations"; "Railroads,"
§ 1; "Religious Societies"; "Street Railroads."
Banks, see "Banks and Banking," § 1.
Insurance companies, see "Insurance."
Telegraph and telephone companies, see "Tele-
graphs and Telephones."

Water companies, see "Waters and Water
Courses," 5.

conse-

1. Corporate existence and franchise.
Mere use of corporate name by a concern,
without any fraudulent intentions or
quences, held not a violation of the Criminal
Code (Starr & C. Ann. St. 1896, c. 38, par.
368), making the unauthorized use of a corpor-
ate name an offense.-People v. Rose (Ill.) 42.
Violation of the Criminal Code (Starr & C.
Ann. St. 1896, c. 38, par. 368), prohibiting un-
authorized use of corporate name, can be at-
tended only with infliction of the prescribed pen-
alty.-People v. Rose (Ill.) 42.

*Shipper by dealing with dispatch line held
not estopped to deny corporate existence of such
line in a suit brought by it against him.-Kana-
wha Dispatch v. Fish (Ill.) 352.

§ 2. Corporate name, seal, domicile, by-
laws, and records.

*Under Hurd's Rev. St. 1903, p. 473, § 6,
providing that the directors or managers of a

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*Where all the stockholders of a corporation
are also directors, by-laws adopted by them as
stockholders will be deemed to have been adopt-
Rev. St. 1903, p. 473, § 6, requiring corpora-
ed by the directors in accordance with Hurd's
tion by-laws to be adopted by the directors.-
Manufacturers' Exhibition Bldg. Co. v. Landay
(Ill.) 146.

§ 22. Capital, stock, and dividends.

Contract of corporation guarantying dividends
to stockholders in preference to payment of
necessary expenses held enforceable to the ex-
tent of requiring the payment of dividends from
the net income after deducting the expenses.
Cratty v. Peoria Law Library Ass'n (Ill.) 707.

By-laws of corporation guarantying 8 per
cent. annual dividend held to constitute a valid
contract.-Cratty v. Peoria Law Library Ass'n
(Ill.) 707.

the payment of 8 per cent. dividends held not
Stockholder in corporation which guarantied
barred by laches from enforcing their payment.
-Cratty v. Peoria Law Library Ass'n (Ill.) 707.

Bill in equity held to lie to prevent discrimina-
tion and distribution of dividends among stock-
holders of same class.-Cratty v. Peoria Law
Library Ass'n (Ill.) 707.

3. Members and stockholders.

In an action by a stockholder to set aside an
agreement for the sale of stock or voting trust
certificates, held that no cause of action was
stated against one of defendants.-Weitze v.
Burrage (Mass.) 508.

Sale of stock or voting trust certificates of a
held to be within the express authority of the
corporation made by the protective committee
committee.-Weitze v. Burrage (Mass.) 508.

In an action by the stockholders of a corpora-
tion against the officers for wrongfully occa-
sioning loss, it was no defense that during the
time of the alleged wrong the corporation was
solvent, and that the stock had increased in
value.-Jacobson v. Brooklyn Lumber Co. (N.
Y.) 1075.

Where the officers of a corporation took funds
as salaries to which they were not entitled, they
could not defend their action on the ground that
the business of the corporation had increased.-
Jacobson v. Brooklyn Lumber Co. (N. Y.) 1075.

*Stockholders of a corporation held entitled
to sue the officers without a prior demand on
the corporation to sue.-Jacobson v. Brooklyn
Lumber Co. (N. Y.) 1075.

Complaint in action by stockholder against a
corporation and two other defendants stated
cause of action in behalf of the corporation, but,
failing to state demand on corporation to sue,
held subject to demurrer. O'Connor v. Virginia
Passenger & Power Co. (N. Y.) 1082.

Plaintiff, suing a corporation and two other
defendants, held bound to allege a right of ac-
tion in the corporation and the other defendants.
and his right to enforce.-O'Connor v. Virginia
Passenger & Power Co. (N. Y.) 1082.

* Point annotated. See syllabus.

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