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Calling to warranty, what, 2097.
Cancellation of instruments, when decreed, 3920.
Cancelling a will, effect of, 2157.
Canon law, what, 123.
Capacity of infants, when presumed, 3065.

of witness, how restored, 3203.
Capias, against whom to issue, 2799.

for what cause to issue, 2802.
how executed, 2803.
proceedings on, 2804.
return of, 2808.
ad computandum, what, 3416.

when proper, 3416, 3423.
ad respondendum, what, 2798.
ad satisfaciendum, what, 3384.

effect of arrest under, 869, 3384.

effect of discharge from, 869.
in withernam, what, 3559.
Capital stock of a firm, what, 1458.
Captain of ship, who, 1290. See Master.

powers of, 1290, 2220.
when deviation is justified because of inability of, 1189.

must be named in a contract of bottomry, 1248.
Capture, what, 563.

loss at sea, by, 1218.

deviation justified to avoid, 1189.
Caput, meaning of, 138, n.
Carrier, who is a common, 1020.

obligations of, 1022.
liabilities of, 1023.
when not liable for losses, 1024–1027.
right of, 1030.
commencement of risk of, 1028.
end of risk of, 1029.
of passengers, 1032–1038.
when liable for neglect, 2343.
what property they must take, 2345.
when not bound to take goods, 2347.

bound to take goods and not claim a general lien, 2525.
Case, action on the history of, 2415, n., 3486.

for what it lies, 3488.
for an injury to absolute rights, 3489.
for a vexatious suit, 3491.
for an injury to reputation, 3492.
lies against common carriers, 3494.

bailees, 3493.
lies for an injury to the relative rights, 3495.
lies for seduction, 3495.
lies for injury to a child, 3495.
lies for injury to personal property, 3496.
lies for negligence, when, 3496.
lies for fraud or deceit, 3496.
lies for act of an agent, 3496.
lies for an injury to reversionary property, 3500.

real property, 3498.

the possession, 3499.
lies for injury to incorporeal property, 3500.

.
lies for, when given by statute, 3501.
lies for pleadings in, 3502.
lies for evidence in, 3504.
lies for judgment in, 3513.

lies to redress a nuisance, 2395.
Case stated, what, 3031.

effect of judgment on a, 3031.
Cassetur breve, what, 3309.

when to be entered, 2917, 2918.
Cause of action, how stated in a declaration, 2832.

a

a

to the array,

Caveat to secure a right, 534.
Caveat emptor, rule, 953.
Central Courts of the United States, what, 2548.
Cepi corpus, return of, 2808.

effect of, 3384
Cepit in alio loco, effect of entry of, 3573.
Certain contract, what, 706.
Certainty required in a charge of slander, 2257.

required in pleading, 2942.
to a common intent, what, 2943.
to a certain intent in general, what, 2944.
to a certain intent in every particular, 2945.
required in an award, 2498.

required in a verdict, 3270.
Certiorari, what, 3363.

when granted, 3344, 3363.
how obtained, 3365.
return to, 3364.
effect of, 3366.
from circuit to the district court, effect of, 2604.

bill of, 4100.
Cession, what, 1414.
Cestui que trust, who is a, 1899.

who may be, 1918.
rights of, 1919.
how to sue, 2658.
when to be made party to a bill, 4067.
how to sue in equity, 4042.

when contract with is void, 3865.
Cestui que use, who is a, 1889.
Cestui que vie, who is a, 1719.
Challenge of the jurors, what, 3041.

3041.
to the polls, 3042.
principal, 3043.
for favor, 3014.
peremptory, 3041.

for cause, 3041.
Chamber, what estate can be had in a, 1571.
Champerty, what, 3949.
Chancellor, who is a, 2540.
Chancery, court of, 2540.
Change of contract, effect on surety, 1400.

condition of partners, effect of, 1492.
parties to actions by marriage, 3710.

bankruptcy, 3713.

death, 3714.
Character, every one is entitled to his, 2238, 2256.

of witness, how attacked, 3230.

what is knowledge of, 3230.
Charge, what is a rent, 1663.

of the judge, what, 3256.
requisities of, 3256.

exceptions to, 3257.
Charging part of the bill, 4174.
Charities, what, 3980.

history of, 3981.
in England abused, 3981, 3982, n.
jurisdiction of chancery as to, 3982.
how administered in the U. S., 3982, n.
form of gifts of, 3983.
construction of, 3984.
construed cy près, 3985.

when void, 3986.
Charter, what, 179.
Charter party, what, 901.
Charter of feoffment, what, 2049.
Chattels, what, 452.

m

Chattels, real, 463.

personal, 465.
time of enjoyment of, 482.
number of owners of personal, 483.
personal, vest in husband by marriage, 1535.

sub modo, 1535.
real, cannot be distrained, 2468.
when rent cannot issue out of a, 1668.

interest, remainder cannot be limited of, 1847.
Check, bank, 1173.

when a lawful tender, 2440.
Cherokee nation, not a foreign state, 4030.
Child, effect of a contract made for the services of, 3863.
Children, obligation of, toward their parents, 328.

rights of parents to control their, 329.
of ambassadors, rights of, 40.

of citizens, rights of, 41.
Chinese interest, rate of, 1113.

when allowed, 1113.
Chirographum, what, 2003.
Choice of professional man, how made, 2417.
Chose in possession, what, 416, 3391.
Chose in action, what, 416, 479, 2698.

distinguished from chose in possession, 481.
may be sold, 610, 925.
how classified, 1532.
when husband is entitled to wife's, 1539.
effect of transfer of wife's, 1542.
when subject to execution, 3391.

assignable in equity, 3880.
Church, when disorderly persons may be turned out of, 2226.

right to a, 3603.
Circuit courts, who may be parties to actions in, 2593.

when error lies to, 2602.
appeal lies to, when, 2603.
organization of, 2574.

jurisdiction of, 2585.
Circuits, what, 2536.
Circumstances, force of, 3154.
Circumstantial evidence, what, 3062.
Citizen, who is a, 160.

rights of, 160.
naturalized, 161.
of U. S., who are, 40, 41.
children of, are citizens of the U. S., 41.
when to sue in circuit courts, 2595.

a corporation is considered as a, 2703.
Civil court, what, 2534.
Civil action, what, 2643.
Civil commotion, what, 1239.
Civil interruption to prevent prescription, what, 2197.
Civil law, 11, 122.

adopted by the common law, 1128.
Civil rights, enjoyment of, 198.
Civil liberty, 201.
Civil death, 222.

effect of, 148, 254.
Civil state, evidence of the, 223.
Civil equity, what, 3724.
Civiliter mortuus, effect of husband being, 4037.
Claims, what, 793.
Clandestine removal of goods, what, 2474.
Clergy, pernicious influence of, in civil matters, 1547.

have no power in the U. S., 1547.
Clerk, who is a, 1287.
Clerk of supreme court, how appointed, 2557.

Close, meaning of, 2872, 3600.

Close, what is a breach of a, 3600.
Clothing of wife does not pass to husband, 1537.
Club, what, 683.

liability of members of a, 683.
Codicil, what, 2144.

difference between a will and a, 2145.
origin of, 2144.

effect of, 2144.
Cognizance, what, 3575.
Cognovit actionem, what, 3303.
Cohabition presumed to be lawful, 269.

effect of, 3172.
Coin money, congress to, 43.
Coin required to make a legal tender, 2440.
Collateral facts, when evidence, 3091, 3221.
Collateral evidence, when conclusive, 3202, n.
Collateral kindred, what, 1961, 1963.
Collateral line, 1963.

rules relating to the, 1979.
Collateral promise, what, 913.
Collateral powers, 1935.
Collateral warranty, what, 2041.
Collateral, surrender of, effect on surety, 1402.
Collision, who bears the loss occasioned by, 1218, 2310.
Colloquium, merged in written contract, 905.

when not evidence, 3136.
Colonies, union of, 37.
Color, persons of, 171.
Color, what, 2935.

express, 2934, 2936.
implied, 2935.

when requisite, 2935.
Color of process, remedy for an injury committed by, 3490.
Combination, denial of, in answer, 4373.
Comes and defends, use of these words, 2961.
Commencement of a marine risk, 1198.
Commencement of a declaration, 2831.
Commencement of the plea, what, 2959.
Commencement of the replication, what, 2973.
Commerce, things to be the object of a contract must be in, 604.

regulated by congress, 43.
Commercial purposes, goods placed on the land for, cannot be distrained, 2468.
Commission of sunacy, when to issue, 368.

by whom to be sued out, 383.
against whom, 381.

when to be executed, 385.
Commission of factorage, what, 1013.
Commission merchant, who is a, 1013.
Commission due to an auctioneer, 1282.
Commission of agent, what, 1339.
Commission to take depositions, when proper, 3747.
Commission of rebellion, what, 4200.
Commissioner of lunacy, duty of, 384.
Commissioner of patents, duties of, 541, 542.
Committees, who are, 190.

of lunatic, appointment of, 389.
of the person, 390.

of the estate, 391.
Commitment, difference between a, at law and in equity, 4453.
Commixtion, what, 506.
Commodatum, what, 1078.
Common, what, 1644.

in the United States, 1644.
in Illinois, 1644.
in Virginia, 1644.
kinds of, 1644.
of pasture, 1645.

appendant, 1646.

a

Common of pasture appendant, assignment of, 1647.

apportionment of, 1648.

extinguishment of, 1649.
appurtenant, 1650.
per cause de vicinage, 1652.

in gross, 1653.
of piscary, what, 1654.
of turbary, what, 1655.

of estovers, what, 1656.
Common assurance, what, 2001.
Common carrier, who is a, 1020. See Carrier.

is an insurer, 2775.

must deliver goods to their address, 2775.
Common seal, corporations use a, 188.
Common counts, what, 2851.

breach of, 2857.
Common errors, what, 3350.
Common injunction, what, 3763.
Common issue, what, 3010.
Common pleas in error, 3352.
Common law, what, 121.

of England, force of the, 3982, n.
Common memorandum, what, 1210.
Common recovery, what, 2096.

requisites of, 2097.
kinds of, 2098.

recovery, pleaded in equity, 4331.
Common traverse, what, 2985.
Common vouchee, who is a, 2097.
Commonable cattle, what, 1645.
Commonwealth, what, 33.
Communio bonorum, what, 907, n.
Community of goods does not always create a partnership, 1440.

between husband and wife, what, 1535.
Community of interest of partners, what, 1456.
Comparison of hands, what, 3133.
Compensation, what, 1407.

differs from a set-off, 1407.
when considered as usurious, 1122.

of agent, what, 1335.
Competency, what, 3158.
Competent evidence, what, 3053.
Compound interest, what, 1112.
Compromise, what, 798, 1398.

form of a, 799.
subject of a, 799.
parties to a,

799.
effect of a, 799.

on surety, 1398.
Compulsion will justify a deviation, 1189.
Computation of the degrees of consanguinity, how made, 1966.
Concealment, what, 783.

effect of, 783, 3845, 3847.
of consignor relieves carrier from responsibility, 1026.
in insurance, what, 1214.
will vitiate the contract, 1214.

of agency, effect of, 1356.
Conception of child before marriage, effect of, 309.
Concessions of lands by colonial governments, effect of, 2090.
Conclusion of the declaration, 2884.

form of the, 2887.
Conclusion of a replication, form of, 2989.
Conclusive presumptions, what, 3065.
Concord, what, 2094.
Concurrent considerations, 627.
Concurrent remedies, 3197, 3499.

when assumpsit and case are, 3497.
when case and covenant are, 3499.

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