Marquette Law ReviewVolume 10Issue 4 June 1926 Article 21

Index-Digest, Volume 1 to 10Marquette University

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

INDEX-DIGESTVOLUME 1 to 10

References in heavy-faced type are to LEADiNG AaTICLES; in plain type to NoTEs AND COMMENT

AVol. : Page

ABUTTING OWNERSRight of abutting owner to restrain

parking of vehicles upon street9:124

ACCORD AND SATISFACTIONEffect of part payment of existing

debt 6:89ACTIONS

See also: Case, Contracts (Actions)(Defenses), Dead Bodies, Eject-inent, Election of Remedies, Plead-ing, Replevin, Trespass, Trial,Trover and Conversion.

Conditions precedent: Notice as acondition precedent to bring-ing action: generally 7:226

-in actions involving personalinjuries 7:229

-in actions against railroadsfor injury to live stock 7:229

-in actions against municipal-ities for injury to person orproperty 7:230

Joinder of actions: What causesof action may be joined 5:12

ADMINISTRATIVE LAWSee also: Constitutional Law.In general: Administrative bodies

as having no jurisdiction underFederal and State Constitu-tions 9:254

Advantages of commissions overcourts in matters of procedureand relief 6:17

Powers of agencies: Limits ofpower of commission to denyissuance of certificate of "ne-cessity" and "convenience" inthe matter of street railwayconstruction 10:248

Power to define and prohibitunfair methods of competition

9:137Power to establish standards for

the gradation of food prod-ucts 9:148

ADMIRALTYJurisdiction of courts of admiralty:

generally 4:118Subjects of jurisdiction: collisions

at sea 4:125

Vol.: Page-maritime liens 4:120-maritime torts 4:125-salvage 4:123-seamen's wages 4:122

ADOPTIONEffect of adoption upon right of

adopted child to inherit fromnatural parent 9:110

Roman law no basis for interpreta-tion of statutes on adoption

9:239Under the civil law (old Roman

law) 9:240Under the code of Justinian 9:245

ADVERSE EXAMINATIONSee Discovery.

ADVERSE POSSESSIONIn general: Under Wisconsin stat-

utes 8:104Effect of permissive adverse pos-

session upon the operation ofthe statute of limitations 8:112

Property acquired by as avested right within constitu-tional provisions against im-pairment of vested rights 6:139

Requisites: Actual possession8:107, 121

Disseisin of true owner for req-uisite period 8:118

Entry with intent to claim title8:110

Exclusive, continuous and openpossession 8:108

Necessity of good faith or ofhostile possession 8:106, 111

Termination: By re-entry of trueowner 8:114

Temporary absence of adverseclaimant not a termination

8:116AGENCY

See Principal and Agent.ALIENS

Naturalization: Effect of claim ofexemption from war draft up-on subsequent application fornaturalization 9:270

Property: Construction of EnemyTrade Act with reference toconfiscation of alien property

9:204

INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in ph. n type to NOTES AND COMMENT

Vol. : PageANIMALS

Owner not liable for injuries byanimal in absence of neglector notice of vicious character

10:163APPEAL AND ERROR

See also: Trial (Instructions).Appellate jurisdiction generally:

Appealability of orders enforc-ing discovery statute 8:33

Parties: Effect of appeal wherethere are several parties re-spondent 5:16

Effect of appeal by one party toa judgment upon other partiesthereto 5:17

Record and case in appellate court:Briefs: proper constructionand subject matter of indexesof appeal briefs under the rulesof practice of the SupremeCourt of Wisconsin 7:62

What defects are waived on ap-peal 5:13

Review: Discretionary power ofcourt to reverse 5:9, 13, 35

Non-prejudicial error not groundfor reversal 5:7

BANKRUPTCYAct of 1898 and amendments: Sec.

3a (2) 9:79Sec. 3a (3) 9:80Sec. 57g 9:87Sec. 60 (a) 9:81Sec. 60 (b) 9:81, 86Sec. 60 (c) 9:87

Preferences: Elements of voidablepreferences within the meaningof Sec. 60 of the NationalBankruptcy Act 9.82

New credits 9:87Provable claims: New credits 9:87

Surrender of preferences bycreditors having received void-able preferences as a condi-tion precedent to recovery ofclaims by such creditors 9:87

Recovery of property by trustee:Necessity and effect of demandby trustee to recover fromcreditors preferred by bank-rupt 9:86

BANKS AND BANKINGSee also: Bills and Notes.Deposits: Payment of checks and

drafts: Right of drawee bankto have checks presented forpayment in the usual courseof business 10:141

Vol. : PageATTACHMENT

Right of creditors to attach cor-porate stock 5:99

ATTORNEY AND CLIENTSee also: Notice.Compensation: Code of Ethics too

vague for determination of8:228, 237

Time element as the only ele-ment capable of reasonablecalculation for the determina-tion of lawyers' fees 8:229

AUTOMOBILESSee also: Master and Servant, Neg-

ligence.Automobilist not justified in violat-

ing statute because followingdirections of highway officer

10:168Applicability of the family purpose

doctrine to fix liability uponparent for torts of membersof family while using automo-bile 9:198, 10:252

Liability of parent for torts ofminor son committed whileusing family automobile 6:178

Validity of statute authorizingdifferent mode of paymentwhen presentment madethrough Federal Reserve Bank

10:145Federal reserve: Control of bank-

ing corporations under theFederal Reserve Act 5:124

Federal Reserve Banks as anoutcome of the need for a na-tional clearing house 10:137

Par clearance in the Federal Re-serve system 10:134

Purpose of the Federal ReserveAct 5:124, 10:145

BILLS AND NOTESSee also: Banks and Banking, His-

tory of Law, Uniform Laws.Negotiable instrument act: Sec. 1

9:258Sec. 3 (2) 9:282Sec. 16 6:74Sec. 52 9:258Sec. 53 8:100, 103Sec. 55 6:75Sec. 58 6:74Sec. 66 8:100Practical application of uniform-

ity of law in the act 9:217Purpose of the act 9:218, 223

INDEX-DIGEST

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

Vol. : PageForm: unconditional order or

promise: Effect of words "asper contract" in a note 9:281

Checks: Effect of payment offorged check to innocentholder in due course 8:96

Defenses: in general: Analysis ofdefenses against a holder indue course 6:75

Effect of negotiable instrumentin hands of holder in duecourse: illustration 9:258

Defenses: Forgery: Drawee bankliable upon payment of forgedcheck to innocent holder 8:96

Defenses: non-delivery: Non-de-livery of stolen negotiable in-strument no defense againstholder in due course 6:74

BILLS OF DISCOVERYSee Discovery.

BLUE SKY LAWSTheory and purpose: Generally

3:143, 8:135(

CASEAllegations necessary to sustain

the action: generally 4:152Defenses pleadable: generally

4:155Scope and nature of the action

4:152CHARITIES

See also: Rule Against Perpetuities.In general: History and develop-

ment of the Wisconsin Charitydoctrine 8:163, 10:183

-present uncertainty in the Wis-consin law . 8:172

History of the charity doctrinein America 10:181

Educational: Church purposes asan educational charity 7:138

Public: Religious purposes withinthe meaning of a public char-ity: enumeration, developmentand distinctions 7:133

Religious: Under the Statute ofElizabeth: enumerated 10:180

-much extended to embodymodern religious purposes

7:132CHATTEL MORTGAGES

See also: Election of Rewdies.In general: Elementary principles

10:65, 212What constitutes a chattel mort-

gage 10:66Recording and registry: Effect of

unrecorded chattel mortgage

Vol. : PageValidity: Blue Sky laws upheld as

valid under the police power3:144

BONDSIn general: Nature of a contract

bond 10:154Surety bonds as contracts of in-surance 1:148

Particular bonds or classes ofbonds. Contractors Bonds:Nature of contract bonds gen-erally 10:154

Municipal or County Bonds:their general theory and pur-pose 3:35

-Municipal bonds as properonly for payment of extraordi-nary expenditures 3:35

Actions on: Right of third partiesto sue on surety bonds 1:151

Validity of provision in suretybond limiting time of com-mencement of action thereon

1:149

as against subsequent pur-chasers with notice 10:67

CIVIL LAWSee Adoption.

COMMERCESee Constitutional Law (Legislative

Powers), Interstate Comzinerce.COMMON LAW

The common law as a basis for thedetermination of the constitu-tionality of statutes 8:215

What is the common law of Wis-consin 1:22

COMPROMISE AND SETTLE-MENT

See Evidence (Admissions) (Adnis-sibility).

CONSTITUTIONAL LAWSee also: Administrative Law, Cor-

porations (State Regulation),Courts, Elections, History of Law,Home Rule, International Law,Interstate Comnerce, Jury, Po-lice Power, Schools.

Adoption of constitutions: Eventsleading up to the creation andadoption of the Federal Con-stitution 7:201

Construction and interpretationof constitutions: Authoritativeconstruction of Constitutionalprovisions by the courts, andliberal construction of the pow-ers of congress as a cause forthe perpetuity of the Federal

INDEX-DIGEST

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

Vol.: PageConstitution 7:183, 186

Of the Federal Constitution:Under the decisions of JohnMarshall 7:115, 183

Leading constitutional cases inWisconsin 5:63

Russian Constitution comparedwith the Constitution of theUnited States 4:61

Separation of powers: Principlesgoverning the separation ofthe powers of the State andFederal Governments 5:53

Impairing contract obligations: Ap-plicability of the contractclause to changes in decisionsof courts 6:130

Bona fide exercise of the policepower not restricted by con-tract clause of Federal Con-stitution 6:130

Scope and construction of con-stitutional provision prohibit-ing impairment of contractobligations 6:129

What contracts are within theconstitutional restriction 6:132

Personal rights: Constitutionalrights of an accused as hin-drances to justice 10:6

Making an accused testify againsthimself 5:82

Parental rights violated underproposed Federal Bureau ofEducation 10:35

The Fourteenth Amendment asa basis for the protection ofthe right of parents to controlthe education of their chil-dren 8:54

Vested rights: Creation or exten-sion of a statute of limitationsas an invasion of vested rights

6:135Inchoate right of dower not a

vested right 6:140Reversions and remainders as

vested rights 6:139Revival by legislature of right

of action barred by statute oflimitations as an invasion ofvested rights 6:138

The Fourteenth Amendment asthe basis for protection againstimpairment of vested rights

6:134Title acquired by adverse posses-

sion a vested right 6:139State rights: Ability of State to

prescribe maximum of instruc-tion for private schools 8:56

Vol. : PageIn the matter of compulsory

public school attendance7:101, 10:94

Invaded by the expansion of thepowers of the Federal Govern-ment by amendments and ju-dicial interpretation 8:240

Judicial powers: in general: His-tory and nature of the powerto declare laws unconstitu-tional 7:5, 8:212

Power of judicial review of actsof Congress as an element ofthe perpetuity of the FederalConstitution 7:183

Functions of Courts generally5:59

Vested powers of the UnitedStates Supreme Court underthe Constitution 10:204

Judicial powers: delegation ofpowers: Power of administrative

department to issue orders de-fining and prohibiting unfairmethods of competition not anunconstitutional delegation ofpower 9:137

Legislative powers: commerce: De-velopment and control of waterpower of navigable streamsnot within commerce clause ofFederal Constitution 8:7

Congressional control of corpora-tions engaged in interstate andforeign commerce 5:108

Source and extent of the powerof Congress to control com-merce 5:109

Legislative powers: delegation ofpowers: Power of administra-tive department to establishstandards for the gradation offood products 9:148

Power of administrative depart-ment to issue orders prohibit-ing unfair methods of compe-tition not an invalid delegationof legislative power 9:137

Legislative powers: taxation: Fed-eral taxation of corporations

5:145Limits of the power of a state to

tax corporations on the basisof their capital stock 10:96

Privileges and immunities: Juris-diction over non-resident mo-torists by substituted serviceupon state official 10:44

Equal protection of the laws: Ex-emption of banks, loan asso-ciations, insurance companies

INDEX-DIGEST

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

Vol.: Pageand public utilities from opera-tion of act prohibiting unfaircompetition not arbitraryclassification 9:136

Gifts inter vivos made within sixyears of donor's death as aninvalid classification for pur-poses of inheritance taxation

9:5Regulation of hours of labor and

wages on public works as adenial of equal protection 5:156

Due process of law: in general. Asthe equivalent of the "law ofthe land" 7:154

Due process of law: liberty to con-tract: Compulsory public schoolattendance as a violation of

7:100Regulation of hours of labor and

wages on public works as af-fecting freedom of contract

5:156Due process of law: religious lib-

erty: Compulsory public schoolattendance as a violationof

7:99Proposed Federal Bureau of

Education as a violation of re-ligious liberty 10:35

The Fourteenth Amendment aprotection of religious libertyagainst State invasion 8:56

Due process of law: property rights:Excessive special assessmentnot a taking without due pro-cess in absence of timely ob-jection thereto 9:193

Property acquired by adversepossession as a vested right

6:139Zoning: Creation of restricted

residence districts from whichbusiness buildings are excludedas a taking for a public use

2:29Due process of law: civil remedies:

Defense of statute of limita-tions as a vested right 6:135

Jurisdiction over non-residentmotorists by substituted serviceupon state official 10:45

Due process of law: regulation oftrade or business: Prohibitionof unfair methods of competi-tion valid under FourteenthAmendment 9:135

CONSTRUCTIVE NOTICESee Notice, Records and Recording

Laws.

Vol.: PageCONSTRUCTIVE TRUSTS

See Trusts.CONTRACTS

See also: Bonds, Corporations, Mu-nicipal Corporations, Statute ofFrauds, Vendor and Purchaser.

Construction: Of instalment con-tracts: generally 8:248

-after acceptance of a partialperformance 8:248

Manner in which question ofwhether contract is entire mayarise 9:283

Consideration: Present binding ob-ligation not a good considera-tion 6:87

Sufficiency of consideration forsettlement by a partial pay-ment 6:89

Performance: incomplete perform-ance: Effect of partial per-formance of ultra vires con-tracts of corporations 5:211

Impossibility of performance asbasis for recovery under anentire contract 9:283

Extinguishment: rescission: By in-fant, and recovery of consid-eration 6:77

Right of rescission after partialperformance: of severable con-tracts generally 8:259

-upon failure to perform or ex-pression not to perform 8:254

-where benefit has accrued8:255

Right of rescission of partiallyexecuted ultra vires contracts

5:221Rescission of instalment contract

upon but partial performanceof an instalment 8:260

Actions: Necessary allegations: inactions on specialty and simplecontracts generally 4:146

-in special assumpsit 4:146Remedies on contract: in general:

Before full performance andafter partial performance ofseverable contracts 8:250

Remedies on contract: specific per-formance: Delivery of ordinarypersonal property where legalremedy is inadequate 10:59

Zoning ordinance as an encum-brance sufficient to deny reme-dy of specific performance tovendor under a land contract

10:162, 166Defenses: Adequacy of legal rem-

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.: Pagespecific performance of con-tract for delivery of ordinarypersonal property 10:59

-necessity for a completely ade-quate legal remedy 10:60

CONTRIBUTIONSee Joint Tort Feasors.

COPYRIGHTSee also: Trade Marks and Trade

Names.History and nature of the right

4:81, 85What are proper subjects of

copyright 4:86CORPORATIONS

See also: Blue Sky Laws, Constitt-tional Law (Legislative Powers:Taxation), Election of Remedies,Estoppel, Foreign Corporatiois,Process, Public Utilities.

Creation and organization: Crea-tion of corporations by estop-pel to deny existence

4:217, 5:46De facto corporations: require-

ments necessary for the exist-ence of corporations de facto

3:137, 4:217Power of Federal Government

to create 5:110Steps 'in the incorporation of a

Wisconsin corporation 3:64What constitutes evidence of in-

corporation 5:46Dissolution, forfeiture of franchise:

Payment of dividends fromproceeds of sales of stock asgrounds for ouster 10:98

Right of minority stockholder tocompel dissolution of solventgoing corporation on groundof mismanagement 9:285

State regulation: Control of cor-porations under the ClaytonAnti-Trust Act 5:133

-under the Sherman Anti-TrustAct 5:122

Effectiveness of regulation underthe reserve clause as comparedwith regulation under the po-lice power 7:74

Extent of Federal control ofcorporations 5:114

Extent of corporate regulationunder the police power 7:72

Regulation of sale of corporatesecurities 8:135

Voting trust agreements: Validityin general 3:164

View that voting trusts are notcontrary to public policy

3:161, 163, 164, 163

Vol. : PageView that such agreements are

void as creating a separationof ownership and the right tovote 3:162, 165

Corporations de facto: Collateralattack: Corporation de factosubject only to direct attackby the State in quo warranto

3:139, 5:51Differences between corporations

de facto and corporations cre-ated by estoppel of the parties

5:46Requirements for the existence

of a de facto corporation3:137, 4:217

Capital, stock, and dividends: Ad-vantages of no par value stock

7:78Effect of payment of dividends

from proceeds of sales of stock10:98

Nature and provisions of theUniform Stock Transfer Act

5:91Valuation of property, labor or

services taken in payment forstock 3:195

-the "good faith" rule 3:197-the "true value" rule 3:199

Contracts: Effect of partial per-formance of ultra vires con-tracts 5:211

Directors: in general: Directors asagents of the corporation 7:159

Relation of directors to the cor-poration and stockholders 5:169

Directors: liabilities: Degree of dil-igence required to avoid lia-bility to the corporation; slightcare 7:161

-care of prudent men in ownaffairs 7:163

-care of prudent men in similarcircumstances 7:165

Stockholders: in general: Relationof stockholders to directors

5:169Stockholders: rights: Right to sue

for wrongs committed to cor-poration prior to acquisition ofstock 6:171, 175

Right to vote: validity of votingtrust agreement 3:161

Right of minority stockholdersto compel dissolution of solventgoing corporation on groundof mismanagement 9:285

Stockholders: liabilities: Liabilityto creditors of corporationwhere full value has not beenpaid for stock: view that the

INDEX-DIGEST

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

Vol.: Pagecapital stock, to the extent ofthe difference in value, is atrust fund for the benefit ofthe creditors 3:195

-view that good faith in thevaluation of property or ser-vices given in exchange forstock is sufficient 3:197

-view that the true value of theproperty or services must bepaid for the stock to forestallpersonal liability. 3:199

COURT COMMISSIONERSPowers and duties of court com-

missioners: in Wisconsin1:176, 184

COURT OF CLAIMSSee Courts (Particular Courts).

COURTSSee also: History of Law, Interna-

tional Law, Trial.In general: Progress in judicial

administration and pro. edure:in Wisconsin 5:3

Some popular criticisms of courts5:58

Powers: The power to declare lawsunconstitutional: its history,nature and effect 7:5, 8:212

-duty of courts to exercise thepower 7:30

-necessity for the power 7:32-remedy for danger of possible

abuse of the power 8:218Power of coVrt of equity to try

title to office of a de factoofficer in injunction proceed-ings 1:48

Power of Federal courts to dis-regard Congressional rules ofprocedure 10:209

Setting aside verdicts, an uncon-stitutional assumption of powerby the courts 10:129

Vested powers of the UnitedStates Supreme Court 10:204

Rules of decision: stare decisis:Doctrine and history of staredecisis 6:65

Effect of a final decision of acourt of last resort 8:150

Particular courts: admiralty: Juris-diction of courts of admiraltygenerally 4:118

Particular courts: federal courts ]DAMAGES

In general: Futility of requestinginflated or excessive damages

10:78

Vol.: Pagegenerally: Underlying princi-ples governing the renioval ofcauses from State to Federalcourts 8:63

Classes of cases removable:generally 8:67

-cases based on diverse citizen-ship 8.69

-cases involving separable con-troversies between citizens ofdifferent states 8:71

-cases involving a federal ques-tion 8:69

Removal by a non-resident de-fendant on ground of prejudiceor local influence 8:77

Particular courts: municipal courts:Abolition of municipal courtsin county seats as a means ofsimplifying the organization ofthe courts of Wisconsin 9:25

Establishment of more municipalcourts as a means for improve-ment of the judicial system inWisconsin 9:33

Particular courts: probate courts:Decrees subject to direct at-

tack only 6:160Effect of fraud in obtaining de-

cree upon its finality 6:162Finality of decrees in the con-

struction of wills 7:149Particular courts: United States

court of claims: Its jurisdic-tion 8:275

Pleading and practice in 8:287Appeals from 8:296

Particular courts: United Statessupreme court: The vestedpowers of the United StatesSupreme Court 10:204

COVENANTS AND CONDI-TIONS

See also: Estoppel.Covenants running with land: Re-

striction imposed by zoningordinance subsequently re-pealed as an implied covenantrunning with the land 10:165

CRIMINAL LAWSee Constitutional Law (Personal

Rights), Descent and Distribution,History of Law (Courts andProcedure), Homicide, Trial (Cot-duct and Disposal).)

Outline of the law of damages8:174

Exemplary or punitive: Exemplarydamages as a deformity in thelaw 2:57

INDEX-DIGEST

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

Vol. : PageAs a departure from the logical

rule of damages in civil cases2:61

Measure of damages: contracts:Where contract is ultra vires

and partially executed 5:219DANGEROUS PREMISES

See Landlord and Tenant.DEAD BODIES

In general: Nature of the interestin a corpse:-a property right

9:19Actions: Replevin as the proper

remedy to secure possessionand control over a dead body

9:23DECLARATORY RELIEF

In Wisconsin 4:111,5:17Existence or non-existence of a

legal relation as a basis fordeclaratory relief 4:113

DEEDSSee also: Tax Deeds.Exception and reservation: Con-

struction of reservations andgrants of flowage rights 9:90

-reservations considered aseasements appurtenant

9:91, 92, 95, 97DESCENT AND DISTRIBUTION

Right to inherit: Rights of husbandand wife: Husband and wifeas heirs to each other 9:101

Right to inherit: effect of homicide:Murderer as unable to acquiretitle to property, as heir or de-visee, by reason of wrong 4:34

View that a murderer acquiresfull title to property acquiredas a result of his act 4:35

View that a murderer becomes aconstructive trustee of prop-erty acquired by wrongful act

4:40DISCOVERY

See also: Appeal and Error, Evi-dence, Foreign Corporations.

In general: Nature of an adverseexamination 2:142

IEASEMENTS

Definition and elements: Ease-ments appurtenant 9:95

Creation: Easements appurtenantcreated by grant or reserva-tion of flowage rights

9:91, 92, 95, 97EJECTMENTAllegations necessary to sustain

the action 4:151

Vol. : PageRequisites and sufficiency of af-

fidavit to obtain 8:25Production of documents and ar-

ticles: How compelled 8:24Use upon trial: Relevancy, com-

petency, and admissibility oftestimony taken upon an ad-verse examination as evidenceupon trial 8:17

DISTRICT AND PROSECUTINGATTORNEYS

See also: Trial (Conduct and Dis-posal).

The office and duties of a districtattorney 5:190

DIVORCESee also: Husband and Wife

(Rights of Wife), Wills (Re-vocation).

In general: Aspects of Federalcontrol of 5:56

Jurisdictional facts necessary fororder for service of processby publication 4:99

Property rights: In communityproperty 6:28

Grounds for divorce: Cruel and in-human treatment as a groundfor divorce 10:218

-what constitutes cruel and in-human treatment 10:219

Decree: Conclusiveness of decreeobtained by collusion: as be-tween the parties 9:288

DOMICILEIn General: Elements and nature

8:222Distinguished from residence

8:222DOWER

Dower rights of a widow: gen-erally 8:158, 9:103

Inchoate right of dower not avested right 6:140

DUE PROCESS OF LAWSee Constitutional Law.

4

Defenses maintainable generally4:151

Scope of the action 4:151

ELECTION OF REMEDIESSee also: Workmens Compensation

Acts.In general: Doctrine of election

of remedies applicable onlywhere two or more causes of

INDEX-DIGEST

References in heavy-faced type are to LEADING ARTICLES; in plain type to NOTES AND COMMENTVol. : Page

action arise from transaction3:152

Choice of remedies: In the enforce-ment of a judgment uponshares of a stockholder 3:155

In the foreclosure of a pledge orchattel mortgage 3:156, 157

Effect of election: Generally 3:152Effect of mistaken remedy or

action 5:14ELECTIONS

Removal of objections to methodof choosing presidential elec-tors by states: a new law inWisconsin 10:22

EMINENT DOMAINWhat is a taking: Creation of re-

stricted residential districts asa taking 2:29

Procedure: Necessity for trial byjury in determination of neces-city for taking under constitu-tional provision providing for"verdict" of jury 10:245

EMPLOYER AND EMPLOYEESee Patents.

ENCUMBRANCESSee Contracts (Remedies on: Specific

performance), Vendor and Pur-chaser, Zoning.

EQUITYSee Contracts (Remedies on) (De-

fenses), Courts (Powers), In-iunction.

ESTOPPELSee also: Judgments.In general: What is an estoppel

4:6Effect of estoppel: Upon title to

property subsequently acquired4:6, 7:85

Effect upon title to propertywhere a mortgage has beenexecuted 7:83

Estoppel by deed: Effect: under awarranty deed 7:83

-under a quitclaim deed 7:84Equitable estoppel or estoppel in

pais:' In general: As to cor-porate existence 4:217, 5:50

-to whom applicable 4:222Equitable estoppel or estoppel in

pais: By character or relationof parties: Estoppel of cor-poration, to deny the powers ofits officers or agents 4:219

Estoppel of members and offi-cers of a corporation to denythe corporate existence 4:221

Vol.: Page

Estoppel of principal to denyagents authority where no ap-parent authority is vested inagent 4:7

Estoppel of undisclosed principalto deny agency where thirdparty deals with agent as prin-cipal . 4"7

EVIDENCESee also: Jury, Trial (Instnctions),

Witnesses.In general: The law of evidence in

Wisconsin: an outline4:45, 94, 158

Presumptions: Particular presump-tions: Adverse possession: pre-sumption of title in favor oftrue owner of property heldadversely 8:117

Inheritance taxes: gifts intervivos made within six yearsof donor's death conclusivelypresumed to be in contempla-tion of death 9:2

Receipt: presumption of receiptof mail matter placed withinmails 10:99

Stock: presumption arising uponissuance of corporate stock inexchange for overvalued prop-erty or services 3:198, 202

Wills: presumption of validity ofwill made by blind person

9:207Wills: presumption that testator

predeceased his wife in com-mon disaster 10:247

Relevancy and materiality: Char-acter as evidence: generallv

4:46Conduct as evidence 4:47

Admissions and confessions: Gen-eral rules governing 4:53

Admissibility of admissions madein course of negotiations forcompromise 10:252

Instructions to jury as to ad-missions 5:30

Hearsay: The hearsay rule and itsexceptions 4:96

Opinions and conclusions: In gen-eral: General rules 4:50

Opinions and conclusions: Experttestimony: Basis and admis-sibility in handwriting cases

1:127Force and effect to be accorded

expert medical testimony 1:105Methods of overcoming effect of

INDEX-DIGEST

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

Vol.: Pagetestimony of a disqualifiedmedical witness 1:101

Weight accorded testimony ofhandwriting experts 1:136

Real evidence: Exhibition and viewto jury, when permitted 4:45

Documentary evidence: Authen-tication: general rules 4:100

Proof and admission of genuinewritings as standards of com-parison for disputed documents

1:127, 134Rules of preference for docu-

mentary originals 4:94Use of extrinsic writings to

prove authorship of questioneddocuments: English and Amer-can common law rule

1:115, 127-exceptions to common law

rule -1:119, 121, 122-statutory changes of common

law rule 1:123Admissibility: Admissions made in

course of negotiations for set-tlement 10:252

"Dead man" statutes: personsentitled to protection of

1:65, 72Extrinsic writings in proof of

authenticity of disputed docu-ments 1:115, 127, 134

FEDERAL COURTSSee Courts.

FEDERAL LAWSSome important Federal laws and

their effect upon corporationsand commerce 5:108, 149

FEDERAL RESERVESee Banks and Banking.

FEDERAL TRADE COMMIS-SION

Control of corporations by 5:129FIXTURES

Portable garage as a fixture 9:289FOOD

See also: Police Power.Validity of act authorizing an ad-

ministrative department to es-tablish standards for the grad-ation of food products 9:148

FOREIGN CORPORATIONSIn general: Regulation of foreign

corporations under Wisconsinstatutes 2:45

Vol. : PagePhotographic reproductions or

enlargements in handwritingcases 1:125

Testimony taken upon adverseexamination before trial asevidence upon trial 8:17

Weight and sufficiency: Force andeffect to be given expert medi-cal testimony 1:105

Instructions to jury as to theweight and sufficiency of evi-dence 5:22, 25, 26

Sufficiency of proof of officecustom of mailing to raise pre-sumption of receipt by ad-dressee 10:99

Weight to be accorded testimonyof handwriting experts 1:136

EXCEPTIONS AND RESERVA-TIONS

See Deeds.

EXECUTORS AND ADMINIS-TRATORS

See also: Witnesses.Trust companies as not proper

agencies to act in the admin-istration of estates 4:195

EXEMPLARY DAMAGESSee Damages.

See also: Constitutional Law (Legis-lative Powers: Taxation), Cor-por ations.

Jurisdiction: Necessary steps inobtaining jurisdiction of for-eign corporations in discoveryproceedings 8:30

Doing business within state: Whatconstitutes doing businesswithin state 2:49, 51

What transactions by foreigncorporations constitute inter-state commerce 2:52

FRAUDSee also: Sales.Effect of fraud upon the finality

of probate court decrees 6:162Effect of fraudulent transfer of

corporate stock 5:101Fraud as an element of construc-

tive trusts 7:51Fraud as an element of estoppel

in pais as affecting title toreal property 7:90

INDEX-DIGEST

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

Vol.: PageGIFTS

Inter vivos: Validity of classifica-tion of gifts inter-vivos made

]HIGHWAYS

See also: Municipal Corporations(Actions Against).

Street car as a "vehicle" withinmeaning of the law of the roadwith reference to right of way

9:294HISTORY OF LAW

See also: Copyright.In general: History of the Mar-

quette Law School 8:298Lawyers memorialized in the

Supreme Court Reports ofWisconsin 9:106

Comparison of constitutions ofRussia and the United States

4:61Administrative law: Growth of the

separation of functions andpowers of courts and com-missions 6:5

Adoption: History of the law ofadoption: under the old civillaw 9:240

-under the civil code of Justin-ian 9:245

Bills and notes: History of thedoctrine of negotiability 6:71

Charities: Development of theWisconsin charity doctrine

8:168. 10:183History of the charity doctrine

in America 10:181Constitutional law: In general:

History of local self-govern-ment: in America 7:193

-in Wisconsin 7:195Home Rule Amendment in Wis-

consin 10:69Wisconsin and its Constitution

2:37Development of civil government

in Wisconsin 2:64Constitutional law: Adoption of

Constitutions: History ofevents leading up to the crea-tion and adoption of the Fed-eral Constitution 7:201

Constitutional law: Judicial pow-ers: History of the power ofcourts to declare laws uncon-stitutional 7:5

Power of judicial review of con-

Vol. : Pagewithin six years of donor'sdeath for inheritance taxationpurposes 9:5

gressional acts as a cause forthe perpetuity of the FederalConstitution 7:183

Constitutional law: Legislativepowers: Liberal constructionof the powers of Congress asa cause for the perpetuity ofthe Federal Constitution 7:186

Corporations: History of legisla-tion in Wisconsin relative toforeign corporations (regula-tion of) 2:45

Courts and procedure: Advantagesand distinguishing features ofpractice and procedure underJudicature Act of 1873

8:38, 43, 46, 51Contrasts between present day

English criminal trials -andmodern American trials 10:27

Contrasts of exterior features ofEnglish and American courts

10:46Establishment of more municipal

courts as a means for improv-ing the judicial system of Wis-consin 9:33

History of the doctrine of StareDecisis 5:86

Injustices of old English crim-inal trials and their effect inconstitutional provisions forthe protection of the accused

10:1Progress of judicial administra-

tion and procedure: in Wis-consin 5:3

Simplifying the organization ofthe courts in Wisconsin: aboli-tion of municipal courts in thecounty seats 9:25

Property: Law of dead bodies: InEngland 9:18

Development of inheritancerights as between husband andwife: in Wisconsin 9:101

Development of women's rightsin the law 8:152

Development of property rightsof married women: in Wiscon-sin 1:15, 53

Growth of the system of com-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 WIFEing 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: Advancementter of religious education in in the law relative to the rightpublic schools 9:155 of wife to have custody of her

HOME RULE children 8:164History 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 1:59Matter of education a matter of Rights of husband: Against wife's

state control and not within separate estate for expenses ofamendment granting home wife's funeral 10:72rule to municipalities 10:69, 101 -for medical expenses of wife's

HOMESTEAD last illness 10:73In general: The homestead law In community property 6:28

in Wisconsin 2:19 Liabilities of husband: For tortsNature of a homestead right of wife: common law and

2:21 present rule 577What constitutes a homestead Rights of wife: In general: Nature

2:20 of wife's interest in communityAlienation: Extent of exemption property 6:28

of proceeds from sale of home- Right of wife in homestead 2:23stead 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 husbandelement in determination of 9:101fact of abandonment 2:22 upon divorce or annulment of

HOMICIDE marriage 8:165As 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 10:72bile contrary to statute, as Property rights of married wom-manslaughter 10:113 en generally

Necessity for criminal intent in 1:16, 53, 5:79, 6:28crime of involuntary man- -under Married Woman's Prop-slaughter 10:113 erty Act 8:156

IINCOME TAXES

Important decisions construing theWisconsin Income Tax Act

1:191INFANTS

Contracts: Right of recovery byinfant of consideration paidunder contract subsequentlyavoided 6:77

INHERITANCE TAXESNature: Theory of succession tax-

ation 9:262Property subject to tax: In gen-

eral 9:266Gifts made within six years of

donors death as not properlythe subject of taxation 9:5

INJUNCTIONNature and scope: As improper

remedy for the recovery of adead body 9:24

As proper remedy toi preventdisturbance of the office of ade facto officer 1:46

As proper remedy to prevent il-legal use of trade marks 9:167

Effectiveness of remedy to pre-vent search of premises forliquor 9:291

INSTRUCTIONS TO JURYSee Trial.

INSURANCENature of contract: Surety bonds

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. : PageWarranties and representations:

Concealments, representationsand warranties as affectingcontracts of fire insurance: inWisconsin 2:118, 120, 122

Proceeds: Right of married womento proceeds of life insurancegenerally 8:157, 160

State control of companies: Con-trol of foreign insurance com-panies in Wisconsin 'prior topassage of statute excludingoperation of all unlicensedforeign corporations 2:46

INTERNATIONAL LAWIn general: As the present law

between nations 10:11Need for genuine and effective

code of international laws asa basis for the formation ofa world court 10:15

Treaties: In general: Advice and'consent of the Senate asnecessary elements in the mak-ing of a valid treaty 4:167

The treaty making power of theConstitution 4:167

Treaties: Construction: Law ofcontracts inapplicable in theconstruction of treaties 10:15

League of Nations: Creation of aninternational commonwealthor state, with three depart-ments of government, as a

JOINDER OF ACTIONSSee Actions.

JOINT TORT FEASORSSee also: Judgments.In general: Concerted wilful

wrong as an essential elementfor application of rule againstcontribution 1:142

Contribution: Nature and effect ofrule against indemnity forliability between joint tortfeasors 1:141

Rule against contribution inap-plicable except in cases of in-tentional wrong 1:142

JUDGMENTSSee also: Appeal and Error (Par-

ties), Election of Remedies.Effect and conclusiveness: Con-

clusiveness of judgments ofprobate courts: generally 6:159

-in the construction of a will7:149

Vol.: Pagemethod of attaining worldpeace 3:58

-plans for the creation of sucha state "3:59

World court: Expediency of ad-herence to a world court 10:20

INTERSTATE COMMERCESee also: Constitutional Law (Legis-

lative Powers), Foreign Corpora-tions.

Powers of Congress: Extent ofFederal control of corpora-tions engaged in 5:108, 149

Federal development and con-trol of water power of naviga-ble streams as not within thecommerce clause of the Fed-eral Constitution 8:7

Burdens imposed by states: Com-pulsory inspection of foodproducts shipped out of astate not an unconstitutionalinterference with interstatecommerce 9:149

When will a tax on capital stockof corporations not be con-sidered a burden upon inter-state commerce 10:97

INTERSTATE COMMERCECOMMISSION

Federal control of interstate car-riers through the commission

5:116INTERVENING CAUSE

See Proximate Cause.

--where decree is obtained byfraud 6: 162

JURISPRUDENCESee also: History of Law.Nature of law: Nature, sources,

and classification: generally6:162

Pragmatism as a philosophy oflaw 9:63

True concept of the nature ofnatural law 3:91

In general: Relation of economicsand jurisprudence 5,177, 6:34

Relation of logic to law 3:205Relation of psychology to law

1:196JURY

See also: History of Law (Courtsand Procedure), Trial (Conductand Disposal) (Instructions).

Right to trial by jury: As an ef-fective survival 8:125

In determination of question of

INDEX-DIGEST

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

Vol.: Pagenecessity for the taking ofproperty under the power ofeminent domain 10:245

Not created or guaranteed byMagna Charta 8:127

Not denied by allowing court todetermine preliminary proof

]LANDLORD AND TENANT

See also: Tenancy at Will.Rights and liabilities of parties:

Liability of landlord for dan-gerous condition of leasedpremises where there is anexpress covenant to repair

7:222Liability of landlord in absence

of covenant to. repair: withreference to portions of leasedpremises under exclusive con-trol of tenant 7:214

-with reference to premisesover which landlord retainscontrol 7:218

Liability of tenant where land-lord has covenanted to repair

7:223Liability of tenant in absence of

any covenant to repair: withreference to portions of prem-ises under tenant's exclusivecontrol 7:220

-with reference to those por-tions of premises under land-lord's control 7:220

Right of lessee of homesteadproperty to quit where wifeof lessor fails to join 10:48

Surrender: Effect of re-leasing ofpremises by landlord uponsurrender 10:51

Rights of landlord upon aban-donment of premises: gener-ally 10:50

Right of tenant after surrenderto re-enter and remove por-table garage 9:290

LAWYERS AND LEGAL EDU-CATION

See also: Attorney and Client, His-tory of Law, Jurisprudence,United States.

In general: Elements of consider-ation in the choice and es-tablishment of a law practice

1:159Lawyers memorialized in the

Wisconsin Reports 9:106Things a lawyer beginning

Vol. : Pageof genuineness of extrinsicstandards for handwritingcomparison purposes 1:125

Setting aside verdicts as a viola-tion of 10:129

Waiver of jury trial: By motionto direct verdict 5:16

practice should do and know10:151

Education: Advantages and valueof a law school training

8:203, 205Importance of early legal train-

ing 8:198Purpose of thorough legal edu-

cation 8:199John Marshall: His constitutional

decisions and their effect uponthe interpretation of the Fed-eral Constitution 7:111

Roujet D. Marshall: His influenceupon the Wisconsin Charitydoctrine 10:177

LIBEL AND SLANDERWords actionable: Words imput-

ing crime and immorality asactionable per se 9:115

LICENSESParticular subjects of license:

License to operate beautyparlor not necessary understatute requiring license forbarbering 9:117

LIENSSee also: Admiralty.Nature and requisites: Nature of

a lien generally 2:70, 74Requisites and nature: of specific

or particular liens 2:70-of general liens 2:72

Property subject to: Generally2:70

Right of lien on chattels heldwithout authority of owner

2:73Loss or waiver: Loss of lien

where goods pass out ofbailee's possession 2:74

LIMITATIONS OF ACTIONSSee also: Adverse Possession, Tax

Deeds.Creation or extention of statute of

limitations as an impairmentof vested rights 6:135

Validity of provision in suretybond limiting time of com-mencement of action thereon

1:149

INDEX-DIGEST

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

MVol. : Page

MARITIME LIENSSee Admiralty.

MARRIAGEValidity of common law marriages

in Wisconsin 6:82MASTER AND SERVANT

See also: Patents, Principal andAgent, Workmen's CompensationActs.

Relation of master and servantnecessary to fix liability uponparent for torts of child com-mitted while using family au-tomobile 6:178,.9:199

Validity of hour and wage regula-tions on public works 5:150

MECHANICS LIENSSee Liens.

MILITARY LAWSee also: War.Nature and sources of military law

3:26Contrast of dignity of military and

civil courts 3:188Tribunals which administer mili-

tary law 3:28MINIMUM WAGE

Regulation of upon public works,by contract, statute or ordi-nance 5:150

MORTGAGESSee also: Chattel Mortgages.Discharge: By tender of payment

into court 7:234MUNICIPAL CORPORATIONS

See also: Home Rule, Public Imi-pronelents.

]

NATIONAL BANKRUPTCY ACTSee Bankruptcy.

NATURALIZATIONSee Aliens.

NAVIGABLE WATERSSee also: Waters.Extent of Federal control of navi-

gable streams under the com-merce clause of the UnitedStates Constitution 8:7

Water power of navigable streamsa property right of riparianowners 8:3

NEGLIGENCESee also: Homicide, Proximate

Cause.

Vol.: PageIn general: Defined 7:192

Milwaukee's budget system 4:13Powers and functions: In general:

Powers to contract: generally6:58

Power to regulate hours andwages of labor on public work

5:150What constitutes a governmental

function: in Wisconsin1:166, 172

Powers and functions: Borrowingmoney: General theory andpurpose of municipal bonds

3:35Municipal bonds as proper only

for the payment of extraor-dinary expenditures 3:35

Powers and functions: Taxes:Sources of revenue under thepower to tax 3:33

Powers and duties of officers: Ofa city clerk 3:127

-of a mayor 3:40Torts: Liability for nuisances

maintained in the performanceof governmental functions

1:173Actions against: Notice as a con-

dition precedent to bringingactions for injuries sustainedby a defective highway orbridge 7:230

MUNICIPAL COURTSSee Courts (Particular Courts).

Imputed negligence as appliedagainst a guest in a privateconveyance 3:169, 6:181

Liability of a manufacturer orvendor to third parties for neg-ligence: in the construction orpreparation of manufacturedgoods generally 1:93

-in the preparation of foodproducts 9:196

NOTICESee also: Actions, Animalr, Chattel

Mortgages, Records and Record-ing Laws.

Imputed: Imputation of attorney'sknowledge of facts to client

9:114

INDEX-DIGEST

References in heavy-faced type are to LEADI.G ARTICLES; in plain type to NOTES AND COMIMENT

PVol. : Page Vol. : Page

PARENT AND CHILD Pleas and answers: Dilatory pleas:See also: Adoption. when applicable generally 4:137Education of Child: Compulsory Pleas by way of traverse: form

public school attendance as a and effect 4:135violation of parental rights Pleas in confession and avoid-secured by the Fourteenth ance: nature and requisitesAmendment 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 4:145rights of parents to controlthe 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 2:75while 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 ofall 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 exerciseing the course and within the of the police power 7:103scope of employment 7:206 The reverse clause of a Consti-

-where no express provision is tution as a more effectivemade for their assignment means of regulating corpora-

7:207 tions than the police powerPERPETUITIES 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 whichby the aid of an adverse ex- business buildings are excludedamination before trial 8:17 as an unlawful exercise of the

Outline of the law of common police power 2:27law pleading 4:130 Restrictions on contracts and busi-

In courts of Admiralty, generally ness: Compulsory inspection of4:128 food products shipped out of a

In United States Court of state as within the policeClaims 8:287 power 9:151

Complaint: In general: Exagera- Prohibition of unfair methods oftion of facts in complaint as competition in business asa cause of total failure of re- within the police power 9:135covery 10:78 Health, morals, and general wel-

Complaint: Necessary allegations: fare: Destruction of propertyIn particular classes of actions: or closing up of businessesCase 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 (Courtsdemurrers: 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.: PagePRINCIPAL AND AGENT

See also: Estoppel, Master andServant.

Who are agents: Directors asagents of a corporation 7:159

Liabilities of principal: Liability ofundisclosed principal for un-authorized contracts of agentwithin the apparent scope ofthe agency 4:6

-- vhere third party is ignorantof agency and deals with agentas the principal 4:7

PRINCIPAL AND SURETYSee also: Bonds.

Ability of married woman to be-come surety for third persons

8:162PROBATE COURTS

See Courts, Judgments.PROCESS

Service and execution: by publica-tion: Nature of service by pub-lication 6:106, 113

Averments necessary in applica-tion fQr order for publication

6:104Jurisdictional facts necessary to

establish for the basis of anorder for publication 6:98, 104

-where defendant is a corpora-tion organized within the state

6:99Preparation of papers to obtain

order for publication 6:101Procedure to obtain proper pub-

lication and service 6:109Service and execution: by substi-

tution: Validity of statuteauthorizing substituted serviceupon non-resident motorists byservice on state official 10:43

PROPERTYSee Adverse Possession, Dead Bodies,

Easeements, History .of Law,

RAILROADSActions against: N4otice as a con-

dition precedent to the com-mencement of action for in-juries to property or live stock

7:229Construction: Commission not au-

thorized to deny certificate of"necessity" and "convenience"because of detriment or ab-sence of necessity as to indi-viduals along proposed rightof way 10:250

Vol.: PageHomestead, Landlord and Ten-ant, Records and RecordingLaws.

PROXIMATE CAUSEEffect of intervening causes: Where

same are not reasonably at-tributable to the injured party

4-75-where the intervening event is

an act of God 4:78PUBLIC BUILDINGS

See also: Landlord and Tenant.Statutory duty of owner of a

public building to keep same inrepair 7:224

PUBLIC IMPROVEMENTSIn general: Power of State or mu-

nicipality to establish a mini-mum wage and to limit thehours of labor on public work

* 5:150Procedure: Procedure in cities of

the second, third and fourthclasses, in making local im-provements: in Wisconsin

7:169Steps in the creation of a drain-

age district 4:214

PUBLIC UTILITIESSee also: Corporations (State Regu-

lation).What callings are public: Under

the common law 3:68Regulation: in general: Extent and

basis of governmental regula-tion of public service corpora-tions 3:67

Extent of Federal control andpower over carriers and cor-porations engaged in interstateor foreign commerce 5:114

PUNITIVE DAMAGESSee Damages.

Limits of discretion of commis-sion in denying certificate of"necessity" 10:248

REAL PROPERTYSee Adverse Possession, Easements,

Estoppel, History of Law, Land-lord and Tenant, Records andRecording Laws, Tax Deeds.

RECORDS AND RECORDINGLAWS

See also: Torrens System.Proposed system for recording

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.: Pagemeans of relief against dangersof constructive notice 1:73

Validity of unrecorded chattelmortgage as against subse-quent purchaser with notice

10:67REMEDIES

See Election of Remedies.

REPLEVINAs the proper remedy to secure

possession and control of adead body 9:23

Defenses proveable generally4:157

Necessary allegations generally4:157

Scope of the action 4:156

RESIDENCESee Domicile.

SSALES

Uniform sales act: Sec. 45 8:265Uniform conditional sales act:

Sec. 1 10:212Sec. 18 10:212Sec. 23 10:212

Rights and remedies of buyer:Specific performance of con-tracts for the delivery of or-dinary personal property 10:59

Representations of seller: Effectof misrepresentation as to mat-ters of law 10:105

Implied warranties: In sale offood products by manufactureror dealer 9:195

SCHOOLSSee also: Constitutional Law (Per-

sonal Rights) (State Rights)Due Process of Law), Parentand Child, History of Law.

SEARCH AND SEIZURESee Injunction.

SPECIAL VERDICTSee Trial.

STARE DECISISSee Courts (Rides of Decision).

STATUTE OF FRAUDSSee also: Contracts.Interests in land: Validity of parol

trusts: in Wisconsin 7:53Promises to Answer for debt of

another: Promises that arewithin the statute 2:150

Promises not within the statute2:145

STATUTE OF LIMITATIONSSee Limitations of Actions.

Vol. : PageRESULTING TRUSTS

See Trusts.REVERSIONS AND REMAIN-

DERSAs within provisions of Constitu-

tion forbidding impairment ofvested rights 6:139

ROMAN LAWSee Civil Law.

RULE AGAINST PERPETUI-TIES

Applicability of the rule to per-sonal property: in Wisconsin

10:243Effect of the rule upon the Wis-

consin Charity doctrine 10:195Query as to whether the Wis-

consin rule will remain solelya rule of suspension of aliena-tion 10:241

STATUTESSee also: Adverse Possession.Validity: in general: History and

nature of the power of thecourts to declare laws uncon-stitutional 7:5, 8:212

The common law as a basis fordetermination of constitution-ality 8:215

Construction: particular classes ofstatutes: Zoning laws 2:27

Adoption Statutes 9:239Construction: particular statutes:

Clayton Anti-Trust Act 5:133Declaratory Relief Statute, Wis-

consin 4:111,5:17Drainage Law, Wisconsin 4:213Federal Reserve Act 5:124Federal Trade Commission Act

5:129Federal Water Power Act 8:1General Charter Law of Wiscon-

sin: local improvements 7:169Homestead Law, Wisconsin

2:19Income Tax Act, Wisconsin

1:191Interstate Commerce Coimis-

sion Act; and supplementalacts 5:116

Marketing Law, Wisconsin 9:131Sherman Anti-Trust Act 5:122Statute of limitations on right to

question validity of tax title2:124

Uniform Stock Transfers Act5:91

INDEX-DIGEST

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

Vol. : PageUnited States Shipping Board

Act 5:137Wilson Tariff Act 5:124Workmens' Compensation Act,

Wisconsin 7:41Construction: particular words or

clauses: "transacting business"in statute forbidding unlicensedforeign corporations to dobusiness within state 2:49,51

"public convenience and neces-sity" in statute authorizing is-suance of building permit for

TAXATIONSee also: Income Taxes, Inheritance

Taxes.In general: Method of taxing mer-

chants' and manufacturers'stock 2:32

The problem of taxation of for-est properties, including cutover lands, and a remedy forthe problem 10:84

Franchise tax: Constitutional limitson franchise taxation of foreigncorporations engaged in inter-state commerce 10:96

TAX DEEDSNature: Underlying principle of tax

deeds 2:87Acquisition: Procedure to secure a

tax deed after expiration ofredemption period: in Wiscon-sin 2:91

Proceedings preliminary to theissuance of a valid tax deed: inWisconsin 2:89, 93

Validity: Defects and errors whichmay render a tax deed void onits face 2:132

Technical errors and defects suf-ficient to invalidate, and meth-ods of attacking the validityof tax deeds: before the statuteof limitations has run 2:94

-after the statute of limitationshas run 2:125

TENANCY AT WILLNature and creation: In general

4:39Construed as a periodic tenancy

under Wisconsin statutes4:40

Termination: Necessity for a noticeto quit to terminate 4:43

TENDERMode and sufficiency: Tender by

Vol.: Pagerailroads upon showing of

10:250"agricultural purposes" in exemp-

tion provision of HomesteadAct 2:23

"jury" in constitutional provisionproviding for verdict of juryin taking property by eminentdomain 10:246

STOCKSee Corporations, Blue Sky Laws.

SURETYSHIPSee Principal and Surety.

payment of money into court7:233

-time and manner of payment7:236

Effect: Effect and necessity of pay-ment or tender of money intocourt 7:233

Withdrawal of money paid in7:237

TORRENS SYSTEMSee also: Records and Recording

Laws.Nature and purpose of the sys-

tem 6:117View that it is an unnecessary

innovation 6:114View that it is a constructive and

necessary change from the re-cording system 6:118

TORTSSee Admiralty, Automobiles, Joint

Tort Peasors, Municipal Corpo-rations, Negligence, ProximateCause.

TRADE MARKS AND TRADENAMES

See also: Copyright.Nature: Distinction between a trade

mark and a trade name 9:179General nature and character-istics: of the law of trademarks 9:168

-of the law of trade names9:179

Marks and names subject to own-ership: In general 9:173

Infringement: What constitutes:with reference to trade marks

9:176-with respect to trade names

9:179Transferability: Trade mark trans-

ferable only when sold withproperty it represents 9:170

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. : PageTREATIES

See International Law.TRESPASS

Allegations necessary to sustainan action of trespass 4:149

Defenses pleadable, generally4149

Scope of the action 4:148TRIAL

See also: Actions, Discovery, Evi-dence, History of Law (Courtsand Procedure), Jury, Pleading.

In general: Investigation and prep-aration for trial under statutesof discovery: (4096-326.12) ofWisconsin statutes 2:139,8:15

The "ins" and "outs" of a lawsuit 3:111

Conduct and disposal: in general:Method of preparing for andconducting jury trials: gener-ally 5:41

-of criminal jury trials: by adistrict attorney 5:192

Conduct and disposal: remarks ofcounsel: Discretionary limits towhich prosecuting counsel maygo in argument in criminalcases 10:243

Instructions: in general: With ref-erence to special verdicts gen-erally 5:32

Duties of counsel: with referenceto requesting instructions 5:34

-in the matter of taking timelyand sufficient exceptions to in-structions given or to refusalsto give instructions 5:37

Duties of the court: in re-in-structing a jury 5:38

Instructions: as to particular mat-ters: necessity, propriety, andcorrectness: As to admissions

5:30As to burden of proof: in civil

actions: generally 5:25-where fact essential to recovery

constitutes a fraud or criminal

UNFAIR COMPETITIONSee also: Administrative Law, Con-

stitutional Law (Judicial Pow-ers: Delegation of Powers)(Equal Protection of Laws)(Due Process of Law: Regula-tion of Trade or Business).

Nature: Doctrine of unfair tradedistinguished from that oftrade marks 9:181

Vol. : Pageoffense 5:25

As to positive and negative tes-timony 5:31

As to the effect of answers toquestions in a special verdict

4:69, 5:32, 10:131As to the preponderance or con-

vincing power of evidence: ingeneral 5:26

on the principle of falsus in uno,falsus in omnibus 5:29

-with reference to the numberand character of the witnesses

5:26Verdict or finding of jury: special

verdict: Effect of informingjury of the effect of answersto questions in aspecial ver-dict 4:69, 5:32

-criticism of rule holding suchinformation improper

4:71, 10:131

TROVER AND CONVERSIONAllegations necessary to sustain

the action, generally 4:156Scope of the action 4:155

TRUSTSSee also: Charities, Corporations

(Voting Trust Agreements).In general: Development, advan-

tages and purpose of invest-ment trusts 10:38

Charitable trusts in the Ameri-can law 7:131

Implied: in general: Wisconsindoctrine of resulting and con-structive trusts 7:50

Implied: constructive: Murderer asconstructive trustee of propertyacquired by wrongful act

4:40Parol: Application of the statute of

frauds to constructive and re-sulting trusts: generally 7:53

Trustees: Trust company as im-proper agency to act in ca-pacity of trustee 4:195

FApplication of doctrine: As to

proper names 9:182As to geographical names 9:184Under the Wisconsin Marketing

Laws 9:134

UNIFORM LAWSSee also: Bills and Notes, Corpora-

tions (Capital, Stock, and Divi-dends), Sales.

INDEX-DIGEST

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

Vol. : Page Vol.: PageObstacles to be met to secure uni- UNITED STATES

formity of law 9:220 Practice of attorneys before theUniformity of law and its prac- United States Treasury De-

tical application in the Nego- partment; preliminary stepstiable Instruments Act 9:217 regulation 9:187

VENDOR AND PURCHASERSee also: Statute of Frauds.

Effect of zoning ordinance uponcontract to convey land freeand clear of all encumbrances

10:161Zoning ordinance as an encum-

brance sufficient to deny rem-edy of specific performance to

WARSee also: Aliens, International Law,

Military Law.Events leading up to the termina-

tion of the World War: thepeace notes, the armistice, thesurrender 3:3

War powers under the FederalConstitution 2:3

WATERSSee also: Navigable Waters.Federal Water Power Act: Pro-

posed Federal developmentand control of water power ofnavigable rivers not of publicdomain as unconstitutional asnot within the commerceclause of the Federal Consti-tution 8:1, 7

Riparian rights: Construction andtransferability of grants andreservations of flowage rights

9:90Flowage rights as easements ap-

purtenant 9:91, 92, 95, 97Water power of navigable stream

as the private property ofriparian owners 8:3

WILLSSee also: Descent and Distribution.In general: Nature and elements

of a valid will 3:117, 119Outline of the law of wills of

Wisconsin 3:117, 10:220Wills distinguished from other

dispositions of property 10:230Execution: Requisites necessary to

the proper execution of a will3:121, 10:231

When is a will executed in the"presence" of the testator 3:122

vendor under contract to con-vey free of all encumbrances

10:162, 166VERDICT

See Trial.VESTED RIGHTS

See Constitutional Law.VOTING TRUSTS

See Corporations.

TRevocation: By act of testator:

Elements of a proper expressrevocation 10:233

Presumptions with respect torevocation 10:234

Revocation: By operation of law:Implied revocation by changeof circumstances or conditions:generally 3:125, 10:234

-by divorce of testator 9:208Necessity for property settle-

ment between divorced partiesto work an implied revocation

9:209Who may make: Generally

3:118, 10:221Age as no bar to the making of

a will 3:120Mental weaknesses sufficient to

-incapacitate testator 10:223Testamentary capacity of blind

person 9:206Who may take: Generally 10:229Probate, contest: Effect and val-

idity of provision in will re-quiring a substantial forfeiturein case the same is contested

10:169Effect of fraud, undue influence,

and mistake upon the validityof a will: generally 10:225

Effect of provision in will thattestator should be deemed tohave predeceased his wife (hisbeneficiary) in case bothshould die in a common dis-aster 10:247

Nature of undue influence andthe elements necessary to setaside a will on that ground

3:123

INDEX-DIGEST

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

Vol.: PageConstruction: Effect of a final de-

cree of probate court constru-ing will: view that such decreeis but presumptive evidence ofthe correct construction 7:149

-view that such decree, if notinduced by fraud, becomesfinal at the expiration of ayear from date of entry there-of 6:161

WITNESSESSee also: Evidence, Trial (Instruc-

tions).Qualification: Of witnesses gen-

erally 4:48Of handwriting experts 1:131Of non-expert handwriting wit-nesses 1:133

Competency as to particular mat-ters: Authorship of disputedwritings: expert witnesses

1:130-non-expert witnesses 1:133Transactions or communications

ZZONING

Creation of restricted residencedistricts from which businessbuildings are excluded: as anunlawful exercise of the policepower 2:27

Vol. : Pagewith deceased persons: ingeneral 1:65

-executors and administrators1:70

WORKMEN'S COMPENSATIONACTS

Theory and purpose: General na-ture, purpose and theory of theActs 3:112, 114, 7:39

Construction and administration:Administration of the Act bythe Industrial Commission ofWisconsin 7:42

Construction of miscellaneousprovisions of the Act 10:52

Extraterritorial effect of the Act7:41

Persons and employment withinstatute: Employee of NationalGuard 9:120

Status of the National Guardunder the Act 9:121

'Growing out of' employment: Sunstroke not an industrial acci-dent 3:115

-as a taking of private propertyfor a public use 2:29

Effect of repeal of zoning ordi-nance upon property previ-ously subject thereto 10:165

Zoning ordinance as an encum-brance upon land 10:161, 166