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YALE LAW JOURNAL

VOLUME XXVI

1916-1917

PUBLISHED BY
YALE LAW JOURNAL COMPANY INC.

NEW HAVEN, CONN.

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PRESS OF THE TUTTLE, MOREHOUSE & TAYLOR COMPANY

NEW HAVEN, CONNECTICUT

INDEX

ARTICLES

ACT, INTENTION, AND MOTIVE IN THE CRIMINAL LAW: Walter
Wheeler Cook

645 ANALOGY BETWEEN NATURAL PERSONS AND INTERNATIONAL PERSONS

IN THE LAW OF NATIONS, THE: Edwin DeWitt Dickinson 564 ANGLO-SAXON PERIOD OF ENGLISH Law, THE: A. H. F. Lefroy. PART I

291 PART II

388 BASIS OF VICARIOUS LIABILITY, THE: Harold J. Laski

105 CAPACITY AND FORM OF MARRIAGE IN THE CONFLICT OF LAWS: Thomas Baty

444 COMMENT ON FAILURE OF ACCUSED TO TESTIFY: Walter T. Dunmore 464 CONFLICT OF EQUITY AND LAW, THE: Wesley Newcomb Hohfeld .. 767 CONSIDERATION IN CONTRACTS—601 A. D. TO 1520 A. D.: Robert L. Henry, Jr.

664 CONTINUITY OF ENGLISH EQUITY, THE: George Burton Adams 550 CONTROL OF PATENTED AND COPYRIGHTED ARTICLES AFTER SALE: F. Granville Munson

270 DANGEROUS INSTRUMENT DOCTRINE, THE: H. C. Horack

224 “DUE PROCESS," THE INARTICULATE MAJOR PREMISE AND THE ADAMSON Act: Albert M. Kales

519 EARLY DEVELOPMENT OF LAW AND EQUITY IN TEXAS: George C. Butte

699 FRENCH JUDICIARY, THE: James W. Garner

349 FUNDAMENTAL LEGAL CONCEPTIONS AS APPLIED IN JUDICIAL REASONING: Wesley Newcomb Hohfeld

710 INTERNATIONAL PECUNIARY CLAIMS AGAINST MEXICO: Edwin M. Borchard

339 LEGAL AND HISTORICAL ASPECTS OF THE MILITIA: S. T. Ansell

471 LEGAL POSSIBILITIES OF FEDERAL RAILROAD INCORPORATION: William W. Cook

207 NEW TRIAL AT THE COMMON LAW: William Renwick Riddell

49 OFFER AND ACCEPTANCE, AND SOME OF THE RESULTING LEGAL RELAArthur L. Corbin

169 RELATION OF THE EQUITY ADMINISTERED BY THE COMMON-LAW JUDGES

TO THE EQUITY ADMINISTERED BY THE CHANCELLOR: W. S.

Holdsworth
RIGHTS OF STATES UNDER INTERNATIONAL LAW, THE: Philip Marshall

Brown
RULE IN Whitby v. Mitchell, THE-ITS PRESENT STATUS AS SHOWN
BY RECENT Cases: Charles P. Sanger

257 SOCIAL INSURANCE AND CONSTITUTIONAL LIMITATIONS: Edward S. Corwin

431 SOME OBSERVATIONS ON THE PRIVATE INTERNATIONAL LAW OF THE FUTURE: Antoine Pillet

631

TIONS:

I

85

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24

TRANSFER OF REMAINDERS, THE_WITH MORE PARTICULAR REFERENCE

TO THE Law of MISSOURI: Manley O. Hudson ..
TRUE CONCEPTION OF UNILATERAL CONTRACTS, THE: 1. Maurice

Wormser

136

THE

AND

Adams, George Burton: THE CONTINUITY OF ENGLISH EQUITY

550 Ansell, S. T.: LEGAL AND HISTORICAL ASPECTS OF THE MILITIA 471 Baty, Thomas: CAPACITY AND FORM OF MARRIAGE IN THE CONFLICT OF LAWS

444 Borchard, Edwin M.: INTERNATIONAL PECUNIARY CLAIMS AGAINST MEXICO

339 Brown, Philip Marshall: THE RIGHTS OF STATES UNDER INTERNATIONAL LAW

85 Butte, George C.: EARLY DEVELOPMENT OF LAW AND EQUITY IN TEXAS

699 Cook, Walter Wheeler: ACT, INTENTION, AND MOTIVE IN CRIMINAL LAW

645 Cook, William W.: LEGAL POSSIBILITIES OF FEDERAL RAILROAD INCORPORATION

207 Corbin, Arthur L.. OFFER AND ACCEPTANCE, AND SOME OF THE RESULTING LEGAL RELATIONS

169 Corwin, Edward S.: SOCIAL INSURANCE CONSTITUTIONAL LIMITATIONS

431 Dickinson, Edwin DeWitt: THE ANALOGY BETWEEN NATURAL

PERSONS AND INTERNATIONAL PERSONS IN THE LAW OF NATIONS 564 Dunmore, Walter T.: COMMENT ON FAILURE OF ACCUSED TO TESTIFY 464 Garner, James W.: THE FRENCH JUDICIARY

349 Henry, Robert L., Jr.: CONSIDERATION IN CONTRACTS—601 A. D. TO 1520 A. D.

664 Hohfeld, Wesley Newcomb: FUNDAMENTAL LEGAL CONCEPTIONS AS APPLIED IN JUDICIAL REASONING

710 Hohfeld, Wesley Newcomb: THE CONFLICT OF EQUITY AND LAW 767 Holdsworth, W. S.: RELATION OF THE EQUITY ADMINISTERED BY THE

COMMON-LAW JUDGES TO THE EQUITY ADMINISTERED BY THE

CHANCELLOR
Horack, H. C.: THE DANGEROUS INSTRUMENT DOCTRINE

224 Hudson, Manley 0.: THE TRANSFER OF REMAINDERS—WITH MORE PARTICULAR REFERENCE TO THE LAW OF MISSOURI

24 Kales, Albert M.: “DUE PROCESS," THE INARTICULATE MAJOR PREMISE AND THE ADAMSON Act

519 Laski, Harold J.: THE Basis OF VICARIOUS LIABILITY

105 Lefroy, A. H. F.: THE ANGLO-SAXON PERIOD OF ENGLISH Law. PART I

291 PART II Munson, F. Granville: CONTROL OF PATENTED AND COPYRIGHTED.

270 Pillet, Antoine: SOME OBSERVATIONS ON THE PRIVATE INTERNATIONAL LAW OF THE FUTURE

631 Riddell, William Renwick: New TRIAL AT THE COMMON LAW

49 Sanger, Charles P.: THE RULE IN Whitby v. MitchellIts PRESENT STATUS AS SHOWN BY RECENT Cases

257 Wormser, 1. Maurice: THE TRUE CONCEPTION OF UNILATERAL CONTRACTS

136

I

388

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INDEX—DIGEST

References in italics refer to Leading Articles ; in heavy-faced type
refer to Comments; in plain roman refer to Recent Cases.
Accident

Baggage
See Evidence; Master and

See Carriers

Servant

Bankruptcy

Account Books

Discharge in bankruptcy as a

See Evidence

voluntary extinguishment of

Accounts

a debt

790

See Contracts

Beneficiaries

Accountants

See Master and Servant

See Evidence

Bill-Boards

Act

See Constitutional Law

See Criminal Law

Bills of Lading

Actions

See Admiralty; Carriers

See Marriage; Pleading

Bills and Notes

Addressee

Alteration: recovery by holder

See Negligence

in due course

413

Admiralty

Good faith: notice of defects 500

See International Law

Right of a payee of a stolen

Affreightment contracts: in-

certified check who has

complete voyage

611 given value for it

488

Adulteration

Bonus

See Constitutional Law

See Constitutional Law

Adverse Possession

Burden of Proof

See Trusts

See Contracts; Evidence;

Wills

Agency

Proof

See Bills and Notes; Charit-

of undue influence:

able Institutions; Constitu-

legatee in confidential rela-

tion with testator

62

tional Law; Master and

Servant; Carriers; Plead-

Buyer and Seller

ing

See Conflict of Laws; Chattel

Nature of relation: father

Mortgages; Contracts; Sales

liable for son's negligence

By-Laws

See Insurance

in operating pleasure car, 327, 621
Nature of relation: payment Carriers
of check to agent

421 See Admiralty; Contributory

Alienation

Negligence; Interstate Com-

See Choses in Action; Re-

merce; Master and Servant;
mainders

Sales; Torts; Warehouse-

Alteration of Instruments

See Bills and Notes

Delivery; necessity of notice 70

Alimony

Duty of steamship company as
See Constitutional Law

to dead body while at sea 790
Assault and Battery

Limitation of liability: loss of
See Master and Servant

baggage

414

Assignment

Limitation of liability :

See Choses in Action; Con-

riage of goods

611

tracts; Patents and Copy-

Liability prior to receipt of

rights; Trusts

goods: effect of bill of lad-

Attorney

ing

153

See Contracts

Non-delivery: restraint of

Automobiles

Princes as excuse .247, 791

See Agency;

Constitutional

Passenger: question for jury

Law; Evidence; Master

as to status of one boarding

and Servant; Manufacturer;

moving car without knowl-

Negligence

edge of conductor

612

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