None
What is 340 Shares of 340 How Acquired 340 Subscriptions for 341 Membership 342-344 How Acquired 343 Rights of 343 Liabilities of 344 Internal Government 344 Corporate Funds 345 Trust Theory 345 Full Ownership Theory 345 Corporations De Facto 347, 348 Essentials to 347, 348 Rights and Liabilities of 348 Against and to Private Persons 348 As to State 348 Foreign and Domestic 348-350 Definitions 348, 349 As Citizens 349 Comity as to Foreign Corporations 349 State's Power to Exclude Foreign Corporations 349,350 Corporations, Contracts by 232, 587 Powers of 587 Ultra Vires 588 Abandonment of Corporate Enterprise 588 Corporations, Torts by 541 Corporeal Things 152 Corroborative Evidence '. 494 Counties, Nature and Duties of 41-43 Ofllcers of 41 Business Matters of 41 How Far Representatives of Sovereignty 41,42 Governmental Functions of 42 Business Functions of 42 Suits By and Against 42 Torts by 42 Creation of 42 Subdivisions of 42 Liabilities of 183 Courts, Purpose of 16 Courts 59, 60, 447-459 Definition 447 Judicial Function 447 Judges 44S INDEX. f)39 PAGE Jury - 449 Indictment 449 Clerks 450 Sheriffs 450 Attorneys at Law 450 Different Kinds of 451-460 Common Law 82, 451-456 Forms of Action in 454-456 Courts of Equity 82, 456-460 Origin 456 Jurisdiction 457 Proceedings 457, 458 Blended Jurisdiction 450, 459, 460 Punishments Inflicted by 441 Remedies to Private Parties 221-224, 442-446 Preventive , 443 Redressive 443 Damages 443-446 Courts, Power to Grant Divorces 284-287 As Between Bona Fide Residents of the State 284 As Between Resident Plaintiff and Non-resident Defend- ant 284-287 On Personal Service, Within the State 284 On Voluntary Appearance 284 On Extraterritorial Service 284-287 By Weight of Authority 284-287 Under Haddock v. Haddock 285 Courts, Trials in 507-509 Courts, Appellate, Trial in 509 Courts, Duty and Power to Determine Constitutionality of Stat- utes 34-38 Covenants t 610, 611 Coverture 179-181 Effect of Upon Contract 232 Credibility of Witnesses 502 Matters Involved in 502 Creditors, Conveyances in Fraud of 239 Crimes, Classification of 612 Crime, Mental Conditions as Affecting 8, 158 Liability of Infants for 178 By Insane Persons 151 Married Woman's Liability for 180 Of one Spouse as Affecting the Other 283 Effected by Locality 222 Contrasted with Torts 535 040 INDEX. PAGE. Criminal Law 134, 441, 511-532 General Discussion 511 Common Law Crimes 512 None Under the Federal Law 512 Crimes, Classification of 512 Treason 512 Felony 513 Misdemeanor 513 Defining Crimes, a Legislative Function 514 Mental Capacity, Motive and Intent in Crime 515-520 Motive 515-518 Intent 515-518 Ignorance 515, 519 Evidence, Mental Condition 519 Ignorance and Mistake 519 Duress 520 Parties Who May Commit 521-523 Insane Persons 521 Infants 521 Married Women 521 Principals 522 Accomplices . 522 Accessories 522 Innocence, Presumption of 521 Does Not Apply to Mental Incapacity 522 Punishments 523, 524 Common Law 523 Statutory 523 Assessing 524 Classification of Offenses . . 524 Procedure in Criminal Courts 525-529 Examining Trials 525 Trials Upon the Merits 525 Juries 526 Pleadings by the State 526 Grand Juries 526 Presentments 526 Indictment 527 Information 527 Complaints 527 Pleadings by the Defendant 527 Arraignment 528 Evidence 528 Charge and Verdict 528 Judgments 528 INDEX. 641 PAGE. Constitutional Guaranties In Criminal Matters 529-532 In Constitution of the United States 529 In State Constitutions 530 Criminal Prosecution, as Affecting Liability for Torts 536 Cumulative Evidence 495 D. Damage 443-446 Definition / 443 Measurement 443-446 Injury to Things 443-445 Injury to Rights Against Particular Persons 445 Violation of Personal Rights 445, 446 For Torts 540, 541, 543 Actual 540, 543 Exemplary 543 As Against Abnormal Persons 541 Damages 654 Injury to Property 554 To the Body 189,191,554 Mental Suffering as 192, 554 For Continuing Nuisances 554 In Defamation 567 For Breach of Contracts of Agency 310, 311 Liability of Joint-Actors 312 Evil Motive as Affecting 543 Defamation 206-207, 564-568 Character 206 Reputation 206 Right to Reputation, Extent of 207 Truth as a Defense Against Defamation 207 Privileged Communications 207 Absolute , 207, 208 Conditional 207, 208 Definition 564 Publication 564 Nature of the Idea Conveyed 564 Interpretation of the Words 564 Falsity of Statement 565 Must Concern Another 566 Without Legal Excuse 566 Malice Not Necessary 566 Libel and Slander, Distinction Between 566 Absolute Privilege 566 41 642 INDEX. PAGE. Conditional Privilege 567 Damages 567 Statements Actionable Per Se 567 Not Actionable Per Se 568 Death 274-277 Legal Effects of 275-277 Of Owner, Effect on Property Rights 413-415 Injuries Resulting in 219, 579-581 Deed, When May be Shown to be Mortgage 487 Debts of Deceased Person 276,277 Deceit ( See Fraud) 245-263, 570 Deceive, Intent to in Fraud 245 Deception as to Law 163 Declaration of Independence 29, 85, 86 De Facto Corporations 347, 348 General Doctrines 347 Definition 347 Essentials 348 Rights and Liabilities as to Private Persons 348 Rights and Liabilities as to State 348 Defenses, Number of 473 Defining Crimes, a Legislative Function 514 Delirium Tremens 152, 177 Demurrers 471 Denizens 148 Depositions 478 Design 157 Divine Law 142 Dilatory Pleas 471 Direct and Proximate Cause in Cases of Accidents 165 Direct Evidence 494 Directors of Corporation 344 Disaffirmance of Contracts by Infants 585 Disclosure, When a Duty 255, 256 Discharge of Contracts (See Contracts, Discharge of) 621-626 Discovery as Method of Acquiring Property 357 Discrimination by Common Carriers 423-425 Disposition of Property 204 Power of as Element of Ownership 356 District Courts, Federal, Jurisdiction of 64 Districts, Political Subdivisions Known as 40 Dividends, Definitions 343, 344 Divorce 284-287 Can Only be Granted by the State 234 Two Kinds of 384 INDEX. 643 PAGE. Regulated by Statute 284 Granted by Decree of Court .284-287 Jurisdiction Over the Parties in Suits for 284-287 As to Non-resident Parties 284, 285 Haddock v. Haddock, Possible Results of 285, 286 General Rules as to 284, 287 Domestic Relations 278-292 Marriage and Family 278-283 Common Law Marriage 279 Statutes Regulating 279 Competency of Parties 281 Effects of 281 Is a Status 282 Definition of Family 282 Liabilities of One Spouse for Conduct of the Other. ... 283 Domicile of the Wife 283 As Affecting Divorce Proceedings 284-287 Drunkards, Contracts of 586 Drunken Persons 152 Drunkenness 176 Delirium Tremens 177 As Affecting Crime 521 Duress 152, 177, 601, 602 By Imprisonment 602 Per Minas 602 Effect in Criminal Law 177, 520 In Tort Law 177 In Contract Law 177, 197, 602 Duties, Legal 13-15 Not Assignable 13 Delegation of Performance 13 Duties, Conduct Violative of, Unlawful 7 Duty, Legal, Definition 9, 144 Mandatory Nature of 159 Non-assignable at Law 15, 171-173 In Criminal, Tort and Contract Law, How Fixed 10 Creation, Modification and Termination of 10 Agreement as Affecting 10 Failure of, Necessary to Negligence 551, 552 When Disclosure is 255, 256 As Between Principal and Agent 311 Dying Declarations 496 644 INDEX. E. PAGE. Easements 376, 381-383 Definitions j 381 In Gross 382 Appurtenant 382 Rights of Way as 383 Injuries to 674 Ecclesiastical Law 136 Education, Public, Department of 77 Elective Franchise 212 Eminent Domain 23 Transfer of Title Under 365, 366 By the Federal Government 365 By State Government 365 What is a Public Use 366 Power of in the United States 93, 12i; 122 Employer and Independent Contractor (See Independent Con- tractor) 312 Entire Contracts 612 Entity, Legal, Partnership is Not 314 Equitable Misrepresentation 258, 571 Estate 153 Estates 386-391 Fee Simple 386 Fee Tail 386 Freehold 386 Leasehold 387 Reversions 387 Remainders 387 Mortgages 3S8 Deeds of Trust 389 By Courtesy .' 389 Dower 390 In Common 390 Coparcenary 390 Joint Tenancy 390 Equity 134, 135 Equity, Conception of Fraud 248-250 Misrepresentation in 249 Equity, Courts of 82,456-459 Escheat 366 Lands of Corporations 367 Lands of Aliens 367 Estates of Deceased Persons 274-277 Administration of 276,277 INDEX. 645 PAGE. Estoppel 11. 264, 265 By Deed 264 In Pais 264,265 Elements of 265 Agency by 308, 309 Pleading • 472 Evidence 475-506 Who Must Prove 475-477 Burden of Proof 475-477 Necessity of Introducing Further Testimony 475-477 What Must be Proven 477 Substance of the Issue 477 Means of Proof 477 Witnesses 477-479 Competency 477 Swearing 478 Oral Examinations 478 Depositions 478 Written Instruments 479-488 Classification of 479-481 Genuineness, How Proved 481 Best Evidence Rule • • • • 482 Relaxation of Rules 482-485 Exceptions to Rule 486-488 Demonstrative or Real 483-489 Nature of Matters Which May be Introduced 490, 491 Facts 490 Opinions 490 Expert Witnesses 490 Classifications of 491-495 Original and Hearsay 492» 493 Primary and Secondary 493. 494 Direct and Circumstantial 494 Contradictory and Corroborative 494 Independent and Cumulative 495 Res Gestae 495 Dying Declarations 496 Admissions 496-498 Confessions 496-498 Relevancy 498-500 Definition of 498 Tests of , 49M" Examples of 4" Functions of Judge and Jury as to 500-605 In Common Law Courts 500-505 646 INDEX. PAGE. Chancery Courts 501 Admission of Testimony for the Judge 501 Weight for the Jury 502 Credibility of Witnesses 502 Weight of Evidence 502 Elements of 502-505 When Proof is Sufficient 505, 506 In Criminal Law 505 In Civil Law 506 Evidence in Criminal Cases 528 Evidence, Written Contracts as 617, 618 Parol Evidence Regarding 618 Evil Motive in Law of Torts 159-160 Examination of Witnesses 478 Examining Trials 525 Executed Contracts 228 Executive Power 22 Executive Department of the States 76-78 Governor 76 Lieutenant Governor 76 Heads of Executive Departments 76-78 Department of State 76 Treasury 77 Public Accounts 77 Department of Justice 77 Public Education 77 Insurance 77 Land Department 77 Executive Officers, Minor 78 Executors and Administrators, Contracts by Under the Statute of Frauds 593 Executory Contracts 228 Exemplary Damages ' 543 Ex Post Facto Law 137 Expert Witnesses 490 Express Contracts 229, 611 Express Powers of Congress 51-53 Extradition Between States 97 Extraordinary Governmental Agencies 82, 83 Extraterritorial Service 466-468 How Obtained 465, 466 Effect as to Citizens .466, 467 Effect as to Non-resident, Non-citizen 466, 467 INDEX. 647 F. PAGE. Pact, Mistake of 12 Facts, Distinction Between and Opinion in the Law of Fraud. . . . 251 As Evidence 490 False Imprisonment 562 Family (See Marriage and Family). Definition of 7, 282 Federal Criminal Law 612 Federal Government (See United States, Government of). Federal Judicial System 63-69 District Courts 64 Circuit Courts 64-66 Circuit Court of Appeals 66 Supreme Court 67-69 Federal Practice 69 Federal Question, Cases Involving 68, 69 Federal States 27, 28 Fellow Servants 297-299 Felony 513 Fences 395 Fictions, Legal 17 Fighting, Injuries Received in 269 Fire, Right to Enter Land to Put Out 394 Firm Debts and Assets 315 Fixedness , . 16 Fixtures 381 When Part of the Land 380 Trade Fixtures 381 Attached by Trespasser 381 Force, Use of on the Body 191, 268 Foreign Corporations 348-350 Definition 349 As Citizens 349 Comity, as to 349 State's Right of Exclusion 349, 350 Rights Under Interstate Commerce Clause 350 Jurisdiction of Federal Courts Over 350 Foreign Nations, Intercourse With 58 Forfeiture 367 Formation of the Government of United States 88-90 Drafting the Constitution 89 Mode of Adopting the Constitution 89, 90 Organization of Government Under 90 Form as Essential to Agreement 202, 236-238 Forms of Action at Common Law 455, 456 648 INDEX. PAGE. Franchise, Definition of 324 Fourteenth Amendment Constitution of the U. S 48, 49 Fraud 12, 197, 245-263, 569-573, 59S-601 General Conception of 12, 245, 246 Legal Conception of 246-251 Common Law 247, 248 Equitable 248-250 Per Se 250 Facts 251 Past or Present 251 Materiality 252 Means 253, 256 Misrepresentation 254 Concealment 254 Non-disclosure 255, 256 Injury to the Deceived 256 Parties Affected by 257 Classifications of 257-261 Actual 257 Constructive 257 Per Se 257 Deceit 257 Equitable Misrepresentation 258 In Inducement 258 In Esse Contractus 258-261 Remedies for 261 In Inducement 261 In Esse Contractus 261 Upon Persons Not Parties to the Transaction 262 Effects Upon Legal Rights 262, 263 As a Tort 569-573 Deceit at Common Law 570 Misrepresentation in Equity 570 Elements of 570 Voluntary Statements as 571 Concealment as 572 Nondisclosure as 572 Remedy for 572, 573 As Affecting Agreement 197, 598-601 Elements of 599-601 Representation 599 Falsity 599 Fact 599 Materiality ; 600 Knowledge of Falsity 600 INDEX. 649 PAGE. Intent to Influence 601 Deception , 601 Action by the Deceived 601 Fraud In Inducement 258, 259 Fraud in Esse Contractus 260,261 Freedom of Action 194-196 Extent and Nature of 194 Limitations on 194, 195 Habeas Corpus to Protect 195 Bill of Rights Guaranteeing 195 Freedom of Speech 205 Funds, Corporate 345, 346 Freight, Liability of Common Carrier for 423 G. Games, Involving the Use of Force, Right to Engage In 268, 269 General Ownership 9, 215, 216 Limitations on 216 Genuineness of Assent 596-609 Mistake 596-598 Of Law 596 Of Fact 597 Misrepresentation and Fraud 598-601 Elements of 599-601 Representation 599 Falsity 599 Fact 599 Materiality ' 600 Knowledge of Falsity 600 Intent to Influence 601 Deception 601 Action by the Deceived 601 Genuineness of Written Instrument Must be Proved 481 Gibbons v. Ogden 99-101 Gifts 234, 407 As Affecting Title 361 Good Will 411 Government, General Discussion 20-24 Creation of 4 Definition 4, 20 Purposes of 20, 139, 140 Three Departments of 22 Raising Revenue by 23 Eminent Domain 23 650 INDEX. PAGE. Police Power 23,24 Administration of 6 Relations to the Individual 6 Governments, Separation Between State and Federal 5 Powers of Are Trusts 5 Government of the United States 5,28-32,88-91,92-96,279,530 Organization of 28-32 Suits Against 530 No Jurisdiction Over Marriage and Divorce 279 Governmental Agencies, Extraordinary 82,83 Legal Liabilities of 181-187 Remedies Through 221-224 Governmental Control Over Public Utilities 418, 419 Governor 75, 76 Grand Juries 525, 526 Gross Negligence 243 Guarantees in the Federal Constitution to the Several States . . 83, 84 Guardian and Ward 291,292 H. Habeas Corpus 195 Haddock v. Haddock as Affecting Extraterritorial Service 468 Haddock v. Haddock, Probable Effects of in Divorce Proceed- ings 285, 286 Hearsay Evidence 492, 493 What is 492 Objections to 493 Generally Not Admissible 493 Hereditaments 378 Homicide 191 Crime at Common Law 191 Not a Tort at Common Law 191 Lord Campbell's Act 191 Homicide as Affected by Intent 517 Homicide as a Tort 579 House of Representatives of the United States 60, 51 House of Representatives, Election of President by 54 Human Law as Expressive of Moral Ideas 140-143 Husband and Wife 7. 179-181, 653 Husband and Wife, Legal Identity of 167 Husband and Wife, Liabilities of Each for the Conduct of the Other 283 Husband and Wife, Rights and Duties Between 281-284 Husband, Alienation of Wife's Affections 578 Husband Liable for Tort of Wife 642 INDEX. 651 I. PAGE. Identity 14 Ignorance in Criminal Law 12, 153, 515-520 Ignorance and Mistake in Criminal Law 519, 520 Illegality of Purpose as Affecting Agreement 200, 201 Illegitimate Children 289 At Common Law 289 Immunities 324 Implications in Law 272 In Fact 273 Implied Contracts 230, 611 In Fact 230 In Law 231 Implied Powers of the United States Government 101-109 Impossibility of Performance as Discharge of Contract 624 Imputed Negligence 553 Incorporeal Things 76, 152, 153, 376, 408-413 Incorporeal Personal Property 408-413 Choses in Action 409 Patents 409 Copyrights 410 Good Will 411 Trade Marks 411-413 Choses in Action 409 Definition 409 Assignability 409 Torts Against 577 Increase, Title to Follows That of the Thing Producing 360 Indemnity 14, 262-263, 545, 546 Among Parties to Fraud 262, 263 And Contribution Among Tort Feasors 545,546 Independent Agency .' 15 Independent Contractor 294, 312, 313, 542 Liabilities of 313 Liability of Employer for Conduct of 313 Distinguished from Servant 294 Torts by 542 Independent Evidence 495 Indictment 449, 527 Inducing Breach of Contracts 578 Infancy 177-179 Who Are Infants 177 Effect in Criminal Law 177, 521 In Tort Law 178,541 In Contract Law 179,232,585,586 652 INDEX. PAGE. Infants, as Principals 305,306 As Agents 305,306 Infants, Contractual Capacity 585, 586 Avoidance by 585, 586 For Necessaries 586 Crimes by 521 Torts by 541 Influence, Intent to in Fraud 245, 246 Inheritance 276, 364, 414 Information, Prosecution by 527 Injury as an Element of Fraud 256 In Nuisance 557-559 Injuries Resulting in Death 219, 579-581 Innocence, Presumption of 505, 521 Does Not Apply to Mental Incapacity 522 Innocent Purchaser 400 What Constitutes 400 Inquiry, Putting on 273 Insane Persons 150, 151 Criminal Liability of 151, 521 Agreements by 151, 586 Torts by 151, 540 Restraint of 151 Insanity 150, 151, 176, 281, 521 Insurance, Department of, State 77 Intent in Criminal Law 515-520 Intent In the Law of Fraud 246-251 International Law 125 Interstate Carriage 427, 428 Interstate Commerce Clause 99-101 Intervening Agency In Legal Cause 174, 551 Issues 463, 470, 477 Methods of Presenting and Joining 470 Substance of Must be Proven 477 •* J. Joint-actors 312, 542, 543 Extent of Liability of Each for Conduct of the Other .... 312 Contribution Between 312 Evil Motive of 543 Liability for Torts 542 Joint and Several Contracts 612 Joint Contracts ' 612 Joint Stock Companies, Torts by 541 INDEX. 653 PAGE. Joint Tort Feasors, Liability of 545-553 Extent of 545 Joint and Several 545 Judgment Against 545 Satisfaction of 545 Judge 448 Duties as to Evidence 500 Judgment 368, 508, 509, 510, 528 Revision of 508, 509 Transfer of Title by 368 Enforcement of 510 In Criminal Cases 528 Judicial Department, State Governments 78-82 Judicial Power of States 78 Matters Over Which Jurisdiction of Federal Courts is Ex- clusive 79 Concurrent Jurisdiction of State and Federal Courts .... 79, 80 Exclusive Jurisdiction of State Courts 80 State Judicial Systems 80-82 Judicial Department of the United States Government 59-69 Judicial Function 59, 60, 447 Judicial Power 22 Of the United States Government 60-63 Of State and Federal Governments Largely Concurrent. . 94 Judicial System of the United States (See Federal Judicial Sys- tem). Jurisdiction 463-468 Necessity for 463 Potential 463 Active 463 In Proceedings in Personam 464 In Rem 464 Quasi In Rem 464 Active 465-468 How Acquired Over Persons 465-468 Voluntary Submission 465 Citation 465-468 Jurisdiction of a Court 59, 60 Original 60 Appellate 60 Exclusive 60 Concurrent 60 Of a Case, How Acquired 461-468 Parties 461 Things 462 654 INDEX. PAGE. Subject Matter 462 Issues 463 Jurisdiction, What is 463 Proceedings, Kinds of 464 Potential 464 Active 465-468 Jurisdiction of the Federal Courts 64-69 Jurisdiction of State and Federal Courts Compared 79, 80 Exclusive Jurisdiction of Federal Courts 79 Concurrent Jurisdiction of State and Federal Courts 79, 80 Jury 449, 450, 501-503, 507, 525, 526 Grand 449 Petit 449, 450 Duties as to Evidence 501-503 Jury Service ! 213 Justice and Law 16, 140-143 K. Kidnapping 578 Kohl v. United States 121,122 L. Laches 270 Land 378 383, 391 What Included in 378-383, 391 Immobility as Characteristic of 379 Water as 379 Minerals as 379 Fixtures as 380,381 Easements as 381-383 Land, sale of 237, 307, 592 Violation of Rights in 401 Lateral Support 401 Law, Agency by 309 Law, General Conception 1. 6, 124 Conduct as Subject Matter of 6 Persons as Subject Matter of 6 Things as Subject Matter of 6 Different Kinds 125-138 Based Upon Morality 139-143 Subject Matter of 146 Growth of 16 Violation of 12 Ignorance of 12 JNDKX. 655 PAGE. Misrepresentation of 12 Due Process of 210, 211 Equal Protection of 209 Need Not be Plead 470 Law of the Land 210 Law Merchant 136 Consideration In 236 Law and Justice 16, 140-143 Leases 593 Legal Causation 15 Legal Duty (See Duties, Legal). Legal Entity, Corporation is 318 Corporation as, Not a Party to Charter Contract 338,339 Charter as Law of Being to 339, 340 Legal Fictions 17 Legal Liability, Extent of 174, 175 Legal Responsibility as Affected by Status 176-187 Legal Rights and Their Classification (See Rights) 188-224 Legal Sanctions 8, 437-446 Legal Sanction , 437-446 Necessity for 437 Meaning of .. 437 Courts 438 Classifications of 438 Rewards 439 Penalties 439-446 Preventive 439 Redressive 439 Self-help 440 Applied by Governmental Agencies 440 Public 441 Private Remedies 442-446 Preventive Remedies 443 Redressive Remedies 443 Damages 443-446 Legal Standards 139, 140 Legality of Object in Contracts 200, 201, 238, 239, 308, 603-609 Forbidden by Common Law 604 Forbidden by Statute 604 Construction of 604 Effect of Illegality 605 Agreement Fully Executed 238, 605 Performed on One Side 238, 605 Participation in a Wrong 606, 607 Agreement Growing Out of Illegal Agreement 607 056 INDEX. PAGE. Assignees of Illegal Agreement 607 Partially Illegal 608 Classification of Illegal Agreements 608 Legislation, a Function of Sovereignty 22, 105 President's Powers in Connection With ; . 58 Legislative Department of the United States Government (See Congress of the United States). Legislative Department of State Governments 74, 75 Legislative Bodies 74, 75 Two Houses 74 Manner of Enacting Laws 74, 75 Veto by Governor 75 Legislative Powers of the States 75 Legislative Function to Define Crimes 514 Legislative Powers of the Federal Government (See Congress).. 49-53 Legislative Powers of State and Federal Governments Usually Exclusive 93 Legislature, State 74, 75 Legislature, Power to Determine Existence of Facts Necessary to Its Jurisdiction 39 Legitimate Children 287-289 Liability for Tort, Discharge of 544, 545 Agreement 544 Suit 544 Limitation 545 Libel (See Defamation) 206-208, 564-568 Liberty 139, 194 Liberty of Speech 205, 206 License 12, 159, 235, 266-269, 392-395 Definition 266 By Law 266 By Person Affected 267-269 Resulting from Agreement Lacking Consideration .. 267 Resulting from Agreements Lacking Form 268 Unlawful Agreements as Creating 268 On Land 392-395 Impliedly Given by Owner ". * . 393 Expressly Given by Owner 393 Revocable 393 Given by Law 394 Trespass ab initio 394 Lieutenant Governor 76 Light, Nuisances as to 560 Limitation 11, 270, 271, 362 As a Defense 271 INDEX. 657 PAGE As a Basis of Right 271,402 Disabilities 271 Limitations on Powers of the States in Federal Constitution 84 Locality, Effect on Remedial Rights 222-224 Crimes 221 Torts 223 Contracts 224 Limitations on Sovereignty 19 Lord Campbell's Act 191, 579 Lunatics, Contracts of ( See Insane Persons ) 686 M. Malicious Prosecution 663 Definition 663 Contrast with False Imprisonment 563 "When Cause of Action Arises 563 Majority, When Attained 288 Manufactured Article, Rights of Owner of Material in 358 Manumission of Children 288 Maps as Evidence 489 Marbury v. Madison 34-38 Marital Domicile as Affecting Divorce Proceedings 284-287 Maritime Law 138 Marriage 7, 149, 167, 179-181 Between Citizens and Aliens, Effects of 149 Effect of at Common Law 167 Effect Upon Legal Capacity of Woman 179-181 Married Women 179-181, 283, 305, 306, 521, 541 Status Under the Common Law 179 Power to Bind Her Husband 180 Power to Contract 180,587 Contracts by 232 Crimes by 180,283,521 Torts by 180, 283, 541 Domicile of 283 Citizenship of 283 As Principals 305,306 As Agents 305,306 Martial Law 138 Master When Responsible for Tort of Servant 642 When Evil Motive of Servant is Imputed to 543 Master and Servant 169, 293-304, 546, 553 Who Are 169, 293 Relation Based on Contract 293 42 t>58 INDEX. PAGE. Distinguished from Principal and Agent 294 Distinguished from Employer and Independent Contractor 294 Who May be 295 Rights and Duties Between 295-302 Right to Fix by Agreement 295 As at Common Law 296-301 Care as to Premises 296 As to Appliances 296 As to Selection of Servants 296 As to Rules 296 Fellow Servant Rule 297 Limited by Statutes as to Railroad Companies .. 297 Vice-Principals 298 Non-assignability of duty 299 Assumption of Risk 300 Compensation and Reimbursement 301 On Breach of Continuing Contract 301 Servant's Duties 302 Ending of the Relation 302 Liability of Each for Conduct of the Other 302-304 Each Responsible for His Own Wrong 303 Master Responsible for the Wrong of the Servant Within the Scope of the Employment 303 Nonassignability of Master's Duties 303 Indemnity Between in Case of Torts 546 Materiality in the Law of Fraud 252 McCulloch v. Maryland 101-115 Means of Proof 477-489 Members of Congress, Election of 48 Membership in Stock Corporation 342-344 How Acquired 342 Rights Incident to 343 Dividends, Definition of 343, 344 Liabilities 344 Mental Capacity, Standard of 162 Mental Conditions 7, 8, 157-165, 515-520 Unmanifested 7 Motive 8, 157, 515 Intent 8, 157, 515 Purpose 8 In Criminal Law 8, 158, 515-520 In Tort Law 8, 159, 161 In Contract Law 8, 161-162 Mental Suffering as Element of Damage 192, 193 Methods of Infringing Trademarks 413 INDEX. 659 PAGE. Military Law 138 Mind, Security to 191-193 Injuries Involving Impairment of Faculties 192, 193 Minerals 379 In the soil 379 When Separated from the Soil 379 Minor Political Subdivisions 40-45 Minority, When Ceases 288 Minors (See Infants). Misdemeanor 613 Misrepresentation of Law 12 Misrepresentation in Fraud 254 Mistake 12, 163, 197, 519 Of Fact 12 As Affecting Agreements 197,596-598 Of Law • 696 Of Fact 597 In Criminal Law 519, 520 Moral Nature, Laws Protection of 141-143 Moral Right as Element of Political Power 18 Morality, Basis of the Law 139-143 Morals, Protection to 193 Motions 474 Motive 157, 201, 242, 515-520, 543 Distinguished from Consideration 201 As Affecting Negligence 242 In Crime 515-520 Evil, When Imputed 543 Between Joint Actors 543 Husband and Wife 543 Master and Servant 543 Principal and Agent 543 Municipal Corporations, Torts by 540 Municipal Law ( See Law) 125 Definitions of 125-127 Blackstone's Definition 125 Bouvier's Definition 126 Author's Definition 127 Different Kinds of 128,129 Common Law 128, 133 Unwritten Law 128 Written Law 129-132 Constitutions as 130, 131 Statutes as 131 Treaties as 132 660 INDEX. PAGE. Substantive 132 Adjective 132 Public 133 Private 133 Roman Law 133 Civil Law 134 Criminal Law 134 Equity 134 Contract 135 Tort 136 Law Merchant 136 Ecclesiastical 136 Ex Post Facto 137 Retroactive 137 Military 138 Martial 138 Maritime 138 Munn v. People of Illinois 123 N. Nation, Sovereignty In 3 Natural Conditions Not Nuisances 559 Naturalization 147, 148 Exclusive Jurisdiction of In Federal Government 147 Who May be Naturalized 147 Process of 148 Effects of 148 Necessaries, Contracts of Infants for 586 Necessary Powers Under the Federal Constitution, Discussed. . . .106-109 Necessity, Agency by 309 Negligence 242-245, 547-554 Definition of 242,243,547 Wilf ull 242, 547 Inadvertent 242, 547 Standard of Care 547 Matter of Law or of Fact 548 Contracts Against Liability for 549, 550 Contributory 550 Remote and Proximate Cause in Cases of 551 Failure of Duty Necessary to 551 Contributory 552 Gross 243 Standard of Care 243 Per Se 244 INDEX. 661 PAGE. Of Common Carriers 244 Imputed 553 Remedies for 554 Negotiable Instruments 203, 236, 591, 612 New States 72, 73, 92 New Trial 508 Nonassignability of Duty 13, 15, 171-173 Of Master's Duties 299, 300 To Third Party 303 Non-age as Affecting Marriage 281 Non-disclosure in Fraud 255, 256 Disclosure When a Duty 255, 256 Non-liability of Members of Corporations 325 Normal Persons 6, 149 Note, Promissory 613 Notice 272-274 Knowledge 272 Ignorance 272 Definition of 272 Implied in Law 272 Implied in Fact 273 Of Filing Pleadings 473 Novation 622 Nuisance 654-561 Definitions of 554-557 Injury from 557 Natural Conditions Not 559 Must Interfere With Ordinary Person 559 Injury Direct Result of Wrong 559 In Water, Light, and Air 660 Rights of Way 661 Remedy for 664 O. Object, Legality of in Contract* 603-609 Obligation, Legal, Definition 9, 144 Offer and Acceptance (See Contracts) 583, 584 Office Holding 213 Officer, Federal, Salary of Cannot be Taxed by the State 116 Federal, Appointment of 67 Liabilities of 186-187 Discretionary Acts 185 Ministerial Acts 186 Official Discretion 186 662 INDEX. PAGE Right to Enter Premises 394 Torts by 540 Official Capacity May be Proved by Parol 486 Opinions as Evidence 490 Experts 490 Non-experts 490, 491 Original Evidence 492 Owner of Material, Rights in Manufactured Article 358 Ownership 153, 351-369 Definition 9 General Conception 351 Elements of 9, 215, 352-356 Possession 353, 354 Use \ 355 Profits 355 Right to Change 356 Disposition 356 Acquisition 217, 218, 356-370 Methods of, Classification 356,357 Discovery 357 Production 357 Increase 360 Legal Succession to the Rights of Another 360-370 By Act of Both Parties 361 By Act of Transferee 362 By Act of Transferor 363 By Operation of Law , 364 By Act of Governmental Agencies 365 For Public Purposes 365-369 Eminent Domain 365 Under Taxing Power 366 By Escheat 366 By Forfeiture 367 By Suits in Protection of Private Rights 367-369 General 373 Special 217, 218, 373, 374 Limitations on 370-373 Not of Itself Basis of Liability for Injuries by Thing Owned 173 P. Papers Beyond Jurisdiction of Court, How Proven 484 In Possession of a Witness, Production of 484,485 In Possession of Adverse Party 485 Pardoning Power of the President 66 INDEX. 663 PAGE. Parent and Child 10, 287-291, 553 Legitimate Children 287 Duties to 288 Rights of as Between Parties •• 288 Rights and Duties as to Third Parties 289 Illegitimate Children 289 By Adoption 289, 290 Transfers of Parental Authority 291 Respective Rights and Duties 214 Parent Not Liable for Tort of Child 542 Parental Authority, Transfer of 291 Parol Contracts 617 Parol Interpretation of Written Words 486 Parol Testimony in Connection with Written Instruments ....482-488 Parol Sales of Land 237 Particular Persons, Rights Against 213, 214 Parties to Suit 461 Active Jurisdiction Over 465-468 Parties to Fraud, Adjustments Between 262, 263 Affected by 257 Parties, Liability for Crime 521 Insane Persons 521 Infants 521 Married Women 521 Parties to Contracts 584-588 Natural Persons 584 Aliens 585 Infants 585 Lunatics and Drunkards 586 Married Women 587 Corporations 587 Competency of in Contract of Agency 305, 306 Competency to Marry 281 Partners, Different Kinds 315 Liability for Firm Debts 315 Partnership 313» 316 Definition 313 Involves Both Co-operation and Substitution 313 Not a Legal Entity 314 Created by Agreement 314 Termination of 315 Assets and Liabilities 315 Torts by 315, 541 Scope of the Business 316 Different Kinds of 31<5 664 INDEX. PAGE. Passengers, Duty of Common Carriers to 422, 552 Right of Carrier to Refuse 425 Patents 409 Penalties 437-446 Criminal 438 Preventive 439 Redressive 439 Public 441 Enumeration of 441 People, A 3 People of the United States, Powers of 3 Of the States, Powers of 3 Performance, Discharge of Contract by 623 Personal Property 154, 392, 404-413 Transfers of Title to 405-407 Sales 405 Things Sold 405 Potential Existence 405 Price in Money 406 Caveat Emptor 406 Warranty of Title 406 Barter 407 Gifts 407 Bailments 407, 408 Definition 407 What May be Bailed 407 Three Kinds of 408 Torts Against 575-578 Ownership of 575 Trespass Upon . .' 576 Replevin 576 Detinue 576 Trover 576 Remedies for 576 Interference With Under Process 576, 577 Process Fair on Its Face 577 Incorporeal Chattel Interests 577 Personal Rights 9, 189-208 Bodily Security 189-191 Security to the Mind 191-193 Security to Morals 193 Freedom of Action 194-196 Persons 146-1 52 Definition of 6,146 Natural and Artificial 6, 146 INDEX. 665 PAGE. Normal and Abnormal 6 Citizens 146 Naturalization 147» 14S Subjects 148> 149 Aliens '•••• 149 Sui Juris or Normal I49 Non Sui Juris or Abnormal 150-152 Insane Persons 150,151 Legal Liabilities of 151 Legal Restraints Over 151 Under Duress 152 Drunken 152 Care Required of Common Carriers of 244 Rights in 9,218,219 Petition, Right of 213 Photographs as Evidence 489 Physical Defects as Affecting Marriage 281 Physical Force as Element of Political Power 18 Physical Injury, Damage for 191-193 Pleadings 469-477,507 General Discussion 469 Definition 469 Issues, How Presented and Joined 470 Law Need Not be 470 Facts Must be Fully 470 Defensive 471-473 Dilatory Pleas 4?1 In Bar 47i Demurrers 47* Denials 471 Confession and Avoidance 471 Estoppel 472 Order of 472 Names of Different Instruments 472 Number of Defenses 473 Amendments 47s Notice of Filing 473 In Criminal Cases 525-528 Pleas, In Bar 471 Dilatory 471 Poisoning 564 Police Power 23« 24 Cannot be Contracted Away • • • 24 Political Power 4« 18 General Discussion 18-45 666 INDEX. PAGE. Moral Right, Element of 18 Physical Force as Element of 18 Political Organization, Theoretical Consideration 25-28 In the United States 28-32 Political Rights 10, 148, 212, 213 Suffrage 212 Office Holding 213 Right of Petition 213 Who May Enjoy 148 Political Subdivisions of the States 40-45 Possession as Proof of Title 402 Possession 353-355 Actual 353 Constructive 353 Unlawful, Good Against Trespasser 374 Postponements and Continuances 507 Powers of Congress, Express 51-53 Implied 99-109 To Create Courts 60 Powers of Corporations 321-325 Practicability of Law 140-143 Practice in the United States Court 69 Precincts, Legal Status of 184 Prescription 362 Presentments 526 President of the United States 53-58 Presidential Succession 53 Manner of Election 48, 54 Connection with Executive Departments 55, 56 Pardoning Power 56 Treaties 57 Appointing Power 57 Powers in Connection with Legislation 67 Sending Messages 58 Veto 51, 58 Intercourse with Foreign Nations 58 Presidential Succession 53 Presumption 17 Conclusive 17 Rebuttable 17 Of Innocence 521 Does Not Extend to Mental Capacity 522 Principal and Agent 305-312 Primary Evidence 493 Substitution Involved In 805 INDEX. 667 PAGE. Agency, How Formed 305 Agency, by Agreement 305-309 Parties to Agreement 305, 306 As Affecting Agency Contract 305 As Affecting the Agency Act 306 Consideration 306 Legality of Purpose 306 Form 307, 308 When Formed . 308 Ratification , 308 Agency by Estoppel 309 Agency by Law 309 By Necessity 309 Termination of the Relation 310 Duties of Parties as Between Themselves 311 Right as Against and Liabilities to Third Parties 311 As Example of Substitution 169 Distinguished from Master and Servant 169, 294 Principal, When Responsible for Tort of Agent 542 Principals, in Crime 522 Principles, Legal 1, 3-17 Private Law 133 Private Corporation, Definition (See Corporation) 317 Private Property Charged with Public Uses 434-436 General Discussion 434 Munn v. People, Discussion of 434 Right to Regulate 434, 435 Absence of Competition 435 Monopolistic Tendencies 435 Privileged Communications 566, 567 Absolutely Privileged 560 Conditionally Privileged 567 Probability 504 Procedure In Appellate Court 509 In Criminal Case 525-529 (See Criminal Law.) In Trial Court 507-509 Proceedings in Personam 464, 467 Quasi In Rem 464, 468 In Rem 464, 467, 468 Process, Abuse of 576, 577 Fair on Its Face 577 Production, as Basis of Ownership 358-360 Profits as Element of Ownership 355 Proof, Sufficiency of 505, 506 668 INDEX. PAGE Criminal Law 505 Civil Law 606 Promises to Give 234 Property 9, 153, 203, 204, 351-415, 404-413, 554 General Consideration 351-415 Personal 404-413 Injury to 554 Rights to Acquire, Hold and Dispose of 203,204 Property Rights, Limitations on 370-373 Police Power 370 For the Protection of Individuals 371-373 On Use 371 On Profits 372 On Disposition 373 Propriety 141 Definition 8 Legal 139, 140 Proximate Cause 174, 175, 544 Publication in Defamation 564 Public Conscience 16 Public Corporation, Definition 317 Public Duties, from Public Utilities 419 Public Good 6 Public Highway, When Obstructed 394 Public Law 133 Public Opinion 16 Public Policy as Basis of Liability in Secondary Range of Con- duct 173 Public, Protection by Law 511 Public Records, Provable by Copy 483 Public Sentiment and Law 140-143 Public Uses, Private Property Charged With 434-436 Public Utilities 416-434 Matters Purely Public 416 Enumeration of 417 Governmental Control Over 418 Special Privileges 418 Duties to the Public, Enumeration 419 Punishments 521, 523, 524 Common Law 523 Statutory 523 Assessing 524 Enumeration of 441 Purchasers, Innocent 400 Putting on Inquiry 273 INDEX. 669 Q. PAGE Qualifications for Suffrage 49 Quasi Contracts 239-241 Common Law Forms of Action as Affecting 240 Basis Principle in 241 E. Railroad Commissions 82,83 Ratification, Agency by 308 Real and Personal Property 391 Real Estate 391 Real Evidence 488, 489 Real Property 153 Receipts, Parol Explanation 487 Registration of Title 399 Relations Between the Government of the United States and of the States 85-98 Relations, Domestic 278-292 Relationship of Parties as Affecting Marriage 281 Relevancy 498-500 Definition 498 Tests of 498 Instances of 499 Religious Organizations, Torts by 541 Remainderman, Waste Against 574 Remedial Right 12 Remedial Rights 10, 220-224 Classification 220 Self-Help 220 Remedy Through Governmental Agencies 221-224 Compensatory 221 Preventive 221 Relation to Right 221 Effect of Locality Upon 222-224 Crimes 222 Torts 223 Contracts 224 Remedies 440, 442-446 Self-help 440 Preventive 443 Redressive 443 Damages 443-446 For Bodily Hurt 554 For Injury to Property 554 670 INDEX. PAGE For Negligence 554 Remedy (See Remedial Rights) 15, 220-224 And Right, Relations Between 221,222 As Between Conspirators 269 Award of 510 For Breach of Contracts of Agency 310,311 For Fraud 258,261 Remote and Proximate Cause 174,175, 544 In Negligence 551 Removal of Causes from State to Federal Courts 80 Republican Form of Government, Guaranteed to the States.... 72, 73 Reputation 565 Right to (See Defamation). Residence of Parties, as Affecting Divorce Proceedings 284-2S7 Responsibility as Dependent on Mental Capacity 162 Res Adjudicata 16 Res Gestae 495 Retroactive Laws 137 Revenue, Raising 23 Reversioner, Waste Against 574 Rewards 439 Right and Remedy, Relations Between 221, 222 Right, Equality of 6 Legal, Definition 8 Of Petition 213 To acquire, Hold and Dispose of Property 203, 204 Distinction between and Ownership 202 To Carry on Business (See Business). To Contract 197-204 Definition 197 Agreement, Definition 197 Effect of Mistake on 197 Effect of Duress 197 Effect of Fraud on 197 When Enforcable as a Contract 199-203 Parties 199 Purpose 200 Consideration 201 Form , 202 To Form Special Relations 205 To Freedom of Conscience 206 Extent of 20tJ Limitations on 206 To Freedom of Thought 206 To Reputation (See Defamatilm). INDEX. 671 PAGE To Vote (See Voting) 48, 49 Rightness 8, 141 Rights and Duties, Legal ■ 8-15 In Criminal and Tort Law Fixed by Sovereign 10 In Contract Law, by Assent of Parties 10 Rights, Legal, Fundamental Conceptions .143-145 Definitions of 143,144,188 Duty as Related to 144 Who May Have 144 Protected by Criminal Law 144 Protected by Civil Law 144, 145 Protection of, Sole Purpose of Private Law 188 No Legal Wrong except by Invasion ot 188 Classification and Enumeration of 188, 189 Personal 189-208 What Included in 189 Bodily Security 189-191 How Secured 189 Use of Force Upon Body Unlawful 191 Exceptions 191 Security to the Mind 191-193 Impairment of Faculties 191-193 Mental Suffering 192.193 Security to Morals 193, 194 Freedom of Action - 194-196 Limitations on 194, 195 Habeas Corpus 195 Bill of Rights 195 Against Particular Persons 10, 213, 214 Dependent Upon Contract 213 Not Dependent on Contract 214 Between Parent and Child 214 In Persons 9, 218, 219 Between Husband and Wife 219 Between Parent and Child ,. 219 Between Master and Servant 219 Compensation for Death of Another 219 Changes in 225-227 By Conduct Violative of Criminal Law 226 Rights, Assignment of 12 Rights, Conduct Violative of, Unlawful 7 Rights, Exercise of Through Substitute 13 Rights in Land, Violation of 401 Rights in Rem Under Contract 614 Rights in Things 9, 214-218 672 INDEX. PAGE Rights in Water (See Water). 