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INDEX-DIGEST

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ABSTRACTS, CASES IN FULL AND NOTES OF CASES.

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Page.
ABATEMENT: Action by partners for slander;
death of one plaintiff

444
ADMINISTRATION. Order of sale of real estate;
impeachment of

138
Concealment, fraud, etc.; surviving partner; trustee;
purchaser; notice..

396
Waste; administrator de bonis non, cannot recover, 95
ADMINISTRATOR'S SALE. Error in deed;
equity to title..

137
ADVANCEMENT. Presumptions as to

416
AGENCY Contract to procure advertisement; agent
personally interested; commissions..

397
Duration of employment....

236
Lien of agent for acceptances.

177
Middleman; commissions from both parties

318
Power to bind hotel-keeper for hire of horses for
guests...

363
Sale of sewing-machines and attachments; pleading;

bond of agent; liability of surety; statute of limita-
tions

332
See Bailment ; Interest.
ANIMALS. Evidence of good character of

303
Injury from bite of dog; owner

18
Negligence; dog in street...

382
Scienter in servant...

303
ARBITRATION AND AWARD. Limited to
matters submitted..

499
What award must show

415
ARREST. Privilege of witness from; action for

damages does not lie; motion to discharge proper. 139
ASSAULT AND BATTERY. Evidence; re-

puted wealth of defendant: instruction as to posi-
tive and negative testimony

337
ASSESSMENT. See Injunction.
ASSIGNMENT. Cause of action for tort....

255
Chattel mortgage; bona fide purchaser

478
ASSIGNMENT FOR CREDITORS. Error in
acknowledgment....

423
Neglect to present claim within time; right to share.. 218
ATTORNEY. Allowance out of fund; power of
court to grant..

457
Compensation; trust fund; insolvent railroad corpo-
ratian.

395
Indigent suitor; agreement as to compensation.. 348
ATTORNEY AND CLIENT. When relation
does not exist; undue influence..

410
Dealings between

415

...

CARRIER-Continued.

Page.
Delivery to connecting line ; liability of first carrier ;
damages for delay

216
Freight charges; payment of illegal rates not involun-
tary

26
Illegal charges; may be recovered back..

492
Liable for delay by striking employees. :

142
Limitation of liability; negligence; valuation

207
Live stock; delay in shipment; damages

274
Unindorsed bill of lading .

250
Obligations to passenger; injury by fellow passen-
ger; duty of employees...

333
Person having charge of child; refusal to pay fare;

ejectment from car; damages ; when punitive not
recoverable.....

434
Railroad and stage connection; contract

283
Railroad; excursion ticket; expulsion of passenger.. 99
Restricting liability; negligence..

58
Separation of passengers on account of race or color;
accommodations must be equal

515
Railroad ; one riding on engine or car step not passen-

ger
CEMETERIES. Easement or fee ; alteration by
city; rights of owner

297
CERTIORARI. Motion to quash denied; order ap-
pealable

14
CHALLENGE TO ARRAY. Irregularity; "beer;
presumed intoxicating

238
CHATTEL MORTGAGE. Execution and record;

mortgagor removing froin State; laches in taking
possession; effect of recording acts...

118
Mortgagorin possession with power to sell; question
of fraud one of fact...

334
Refiling ; within thirty days

478
Sale; satisfaction; pleading

478
"Shall deem himself unsafe;" conversion.

46
CHINESE EMIGRATION. See Constitutional

Law.
CITIZENSHIP. Fourteenth amendment; Indian;
allegation of petition..

75
CIVIL DAMAGE ACT. Extra-territorial effect, 183
CLOUD ON TITLE. Change of venue; void deed, 138
CONSTITUTIONAL LAW. Act of August 3,

188%; regulation of commerce; Chinese immigration, 276
Art. 9, $7; municipal corporation ; ultra vires; judge
ments ; set-off

17
Conspiracy ; protection of citizens; R. S. $ 5508; in-
formation

77
Contract to construct railroad; ultra vires; rescis-
sion; equitable interference

117
Deprivation of property ; State statute; overflowing
lands

370
Eminent domain ;'damage ; change of grade; incor-
poration before adoption of constitution

15
; public use; municipal bonds to aid private cor-
poration

396
Ex post facto; changing punishment; reasonable doubt;
prisoner as witness.

71
Incorporation of villages; delegation of legislative pow-
ers...

357
Intermarriage between whites and negroes.

255
Justices of the peace acting after seventy years of age, 89
Limitation; antecedent obligations...

33
Liquor traffic; removal from office; quo warranto is
civil proceeding

95
Police power; regulating and restraining trade. 415
Power to license; tax; regulating wash-houses

515
Prohibition against privileges; ferries

509
Prohibition of cigar making in tenement-houses.

85
Prohibition of manufacture or sale of an article in-
jurious to public health; oleomargarine.....

288

BAILMENT. Bailee may show that ballor has as-
signed his title......

103
Fraud; agency

35
BANK. Transformed from State into Nationals right

to enforce contracts.
National: power to purchase real estate

197
BANKRUPTCY. Fiduciary capacity ; unau-

thorized sale by broker; request to submit to jury.. 290
Partnership creditors; partner assuming firm debts. 293
BANK AND BANKING. Deposit of note for col.
lection ; sale

359
Authority of agent to certify checks.

457
Negligence; collection of drafts

109
BASTARDY. Civil proceeding ; preponderance of

evidence; charge: believing certain witnesses.. 257
BILL OF LADING. Title, when passes on ship-
ment....

390
See Carrier.
CARRIER. Baggage; when liability ceases ; burden
of proof

399
Circus train.

162
Connecting; flre in warehouse , liability.

314
VOL. 31.

Page -
DEBTOR AND CREDITOR. Satisfaction of
debt

495
DECEIT. False representations as to appraised value
of the property..

287
DEED. Appurtenances; right of way; no reference
in deed; injunction; specific performance

212
Condition; payment of debt should render void;
mortgage is not absolute conveyance in trust

198
Construed against grantor; when rule does not apply;

intent to govern; life estate or fee; power to sell;
discretion; may not be delegated.

291
Delivery ; voluntary settlement
Married woman; mistake in, cannot be reformed. 255
Must be signed ...

164
Reformation; mistake; must be mutual ; damages;
mining; unintenional trespass.

237
Void; executed by one not described as grantor .... 157

See Covenant.
DURESS. Giving and paying note for intended de.
mand .....

282

...... 433

CONSTITUTIONAL LAW-Continued. Page.
Public purposes; private property:

475
Regulation of commerce; license fees..

294
Statute to be construed in harmony with constitu-

tion; municipal corporation; subscription to rail-
road invalid; subsequent act legalizing.

156
Taxation; corporation ; act of 1881, chapter 361; pen-
alty; interest ...

457
Title of act; removal" not "transfer'

99
Unconstitutional amendment to valid act; effect of... 96

See Municipal Bonds.
CONTEMPT proceedings in aid of execution; re-
fusing to pay money; imprisonment illegal..

197
Refusing to testify in family secrets.......

102
What constitutes; habeas corpus...

300
CONTRACT. Architect; plans

402
Benefit of third person ; statute of limitations; costs;
interest on, from date of judgment..

197
Breach; damages; composition; action for damages
barred

237
Carrying mail; assignment of claim ; against govern-
ment. Rev. Stats., 88 3477, 3737..

356
Consideration ; performance; relying on promise 455
; release of doubtful claim

236
Guaranty; consideration ; statute of frauds; collateral 13
Mental capacity ; burden of proof ; evidence of im-
proper relations ; number of witnesses

416
Novation; considertion ; statute of frauds ..

476
Parol evidence to explain ; indorsement on envelope;
proof of custom ...

156
Personal liability of agent

255
; sealed instrument

217
Public officer ; personal liability.

514
Public policy; agreement not to uphold will..

418
Restraint of trade

458
Right of one not party to

449
Sale of land; rescission; rights of seller and purchaser 138
Services ; quantum meruit..

212
To "satisfaction"; acceptance.

357
Use of personal property; holding over no implied
contract; damages

252
CONTRIBUTION. Partnership ; tenants in com-
mon

178
CONVERSION. Demand and refusal to deliver 294
Title necessary; damages ; breach of contract

99
COPYRIGHT. In judicial decisions

242
CORPORATION. Assignment of stock ; creditor
attaching .

435
Election of directors ; mismanagement; Rights of
stockholders

397
Fraudulent conveyances : mortgage; priority; ultra
vires

292
New York Stock Exchange ; members bound by con-

stitution, etc.; sale of seat; proceeds to creditors in
exchange..

176
President; no power to execute bond ; judgment : re-
ceiver.

32
Purchase of capital stock; replevin .

7
Stockholder; liability of, how enforced.

299
Ultra vires; when cannot avail; recovery against one
joint contractor is bar to other

252
CORPSE. No property in human...

463
COVENANT. Against incumbrances; damages ; to
to pay taxes

514
Assignee of lease ; liability for rent; runs with land.. 479
Easement; incumbrances; recording acts.

17
CREDITOR'S ACTION. Rescuers of debtor's
goods

495
What property may be reached by: title in third per-

son; consideration paid by debtor; resulting trust.. 412
CRIMINAL LAW Wife as witness against hus-
band

448
Bawdy-house; Code Crim. Proc. $ 899, sentence. 155
- ; evidence of reputation
Conspiracy to rob; one committed murder, all guilty. 358
Evidence of age ; "will be twenty-one years old” COD-
clusive of infancy at time of trial.

482
False pretenses ; Obtaining goods by; proof that the
goods were delivered on; the faith of.

19
Forgery; wife as principal; presumption of coercion;

evidence; Code Crim. Proc. $ 399; testimony of ac-

complice...
Insanity; non-expert; Code Crim. Proc. 88 275, 284;
premeditation ; intent; question for jury; guilt;
evasion and falsehood

57
Mortal blow in United States fort; death outside 42
Murder; co-defendant may testify.

327
- ; evidence of previous assaults.

278
Preventing inquest

362
Rape; fraud..

43
See Indictment, Larceny.
CUSTOMS DUTIES. “Household effects;" car-
riage used abroad; Rev. Stat. & 2505.

214

ECCLESIASTICAL LAW. Act of 1813; pastor's
salary; method of raising....

117
EJECTMENT. Continuous adverse possession by
tacking.

91
Railroad occupying land with owner's consent; sale of
road: grantee takes title

99
ELECTION Elector disfranchised ; unreasonable

act of election officers; R. S., chap. 4, 963; damages. 256
EMBEZZLEMENT. Evidence of similar offenses. 459
EMINENT DOMAIN. Compensation ; court of
claims; waiver of formal proceedings...

2778
Damages; appeal; injunction.
Track in public track; abutting lot owner. damages;
estoppel

16
General railroad act ; right to appeal from award ;
practice; order pot appealable...

374
Public use; question of law; R. S., $ 4511

479
EQUITY: Joint purchase of property ; refusal of

some of purchasers to pay their share of expenses ;
effect of..

292
ESTOPPEL. Trustee; commissions waived
EVIDENCE. Agent's declarations

254
Assault and robbery; declarations; res gestæ

20
Boundary of land ; declarations of person in posses-
sion

138
Competency of witueus ; New York Code Civil Pro-

cedure, $ 834 ; U. S. R. S., $ 721; insurance; question
as to disease

135
Custom ; of banks to accept checks as cash.
Declarations as to pedigree

51
Declarations by deceased ancestor as to age.

150
Declarations of grantor as against grantee ; illegal evi.

dence not harmless; deed; reservation cannot be
proved by parol

412
Dying declarations...

278
Experts; hypothetical questions; credibility of wit-

274
Incompetent witness; waiver of objection; right of
court to suppress illegal...

177
Letters; epileptic fits accounting for controdictory
statements..

278
Nuisance; tendency of escaping steam to frighten
horses..

23
Opinion of experts; when incompetent

266
Parol to show lease in fact mortgage ; mortgage on
future crop...

275
See Assault and Battery; Bastardy; Embezzlement.
That object is likely to frighten horses....

102
EXECUTION. Replevy of property levied on;
second execution...

217
Of judgment not restrained; injunctions...

433
EXECUTOR AND ADMINISTRATOR.

Counsel fee; divorce case; widow cannot sue for;
counsel may..

516
Demand; waiver..

97
Foreign; domicile; personality governed by law of 4.7
Purchase of interest of deceased in partnership; void-

able ratification; estoppel; married womau advance-

ment; interest on...
EXTRADITION. Comity; restoration of fugitive
brought into State without due process..

124

ness....

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116

FEDERAL PROCEDURE. Examination of ;

party before trial; order of; State court; federal
court no jurisdiction; habeas corpus........

270
FRAUD. False representation; solvency of bank;
purpose to deceive; question of fact...

471
Mortgagee with knowledge; mortgage void as to credi-
tors........

215
Party guilty of, not entitled to relief...
Rescission of contract; offer to restore; damages 255
Sale of land by one joint owner; asking more for his
share; error in charge...

95
See, Bailment.

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396

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Page. JURISDICTION-Continued.

Page.
GIFT Accident policy; donor's intention

17 Affixing seal without consent to lease for a year is im-
Deposit in bank..
436 material

504
GRAND JURY. Challenge to
20 LARCENY. Description of owner...

19
GUARANTY. Continuing..

42 Evidence; prisoner's possession of burglar's tools. 257
Recent possession ; intent

358

LIBEL. Privilege ; proceedings of legislative com-
HABEAS CORPUS. Innocence of charge; issuing

mittee ...

342
writ in another jurisdiction...
95 "Wanted," E. B. to pay a drug bili.....

83
HIGHWAY. Defect;:proximity to highway..

31

See Slander.
Wilfully obstructing; penalty
234 LICENSE. Hall to use; may be revoked..

436
Irrevocable; making improvements on land... 517

Omission to execute bond creates no "vacancy;"
INDECENT EXPOSURE. Public place...
19 invalid license no defense....

195
INDICTMENT, Allegations; pet jury; election law; To remove timber; assignment; chattel mortgage;
registers are judicial officers; "infamous crime 458

filling

414
Arson; sugar-house; pleading..

78 LIMITATIONS. Administrator ; insane person ;
Joinder of offenses: when election not compelled; statute 1872, chap. 85.

138
intent; presumption...,
499 Adverse possession ; tax deed by government.

18
Pleading public statute; judicial notices; public local Runs from discovery of frauds; lien of judgment;
law8....

438 bona fide purchaser; title through unrecorded deed;
Referring to third person as unknown; bribery; evi-

rights of purchaser

137
dence

358 Statute; trustee of manufacturing company; covenant
See Criminal Law.
to pay taxes

514
INFANT. Prochein ami; attorney; ratification.... 237 Presumption of payment.

513
INJUNCTION. Consented to by mistake; when Acknowledgment; Kapsas statute; municipal debt.. 777
binding.

262 Acknowledgment; part payment by joint promisor... 48
May be contemptible, yet it is contempt to disobey it, 141 Proper inquiry under plea of..

334
Judgment not enjoined; res adjudicata

256

See Agency.
Public officer; restraining exercise of powers .. 235 LIMITED PARTNERSHIP Contribution must
Restraining collection of assessment; statute must be

be in cash; may deal with special partner; changed
followed; amendment; not as to void proceeding.. 497 to limited; provision as to share of losses; omission
Threatened trespass ; rights established at law
17 in notice; name of newspaper changed

233
INNKEEPER Guest ; taking room for purposes
of prostitution.

352 MALICIOUS PROSECUTION. Action lies for
May not refuse guest from mere apprehension of in-

mere suit

63
sult

82 Excessive damages ; probable cause; advice of coun-
Railway conductor; when not guest..
202 sel..

178
INSOLVENCY. Preferred debts; construction of Participation of defendant; false arrest ; probable
statute.
297 cause.

478
INSURANCE Accident; payment of premium; MANDAMUS. Adequate remedy; judgmont of Cir-
presumptive notice; forfeiture; waiver..

59 cuit Court
Authority of adjuster; waiver of forfeiture

359 Commissioners of public works; permit to bridge
Forın of policy; waiver of proofs of loss.
257 company...

374
Loss; location of goods...
257 Public officer; when does not lie..

197
Premises “ vacant or "unoccupied

259 Treasurer to pay coupons; if it lies, injunction denied;
Payment of premises; waiver...
57 U. S. Rev. Stat. & 723.

97
"Contained in;" knowledge ; waiver...

389 MANUFACTURING CORPORATION. Lia-
Alienation of property
258 bility of trustee under New York act...

408
Fire; change of interest ; admission of partner... 333 MARINE INSURANCE. Payment of premiums;
-; evidence of usage

435 delivery of policy containing receipt; ratification of
--; evidence that "fire-works" were part of stock :

agent's acts : lex loci: general lien; unpaid pre-
certificate of nearest notary; action does not accrue

miums

293
until negotiations closed.

176 | MARRIAGE. Acknowledgment; void divorce 30
General language of policy; special Indorsements to Declarations to prove; sanity; opinion of non-pro-
control; liability of company for loss...

233

fessionals; when avoided for mental unsoundness.. 377
Life, interest; supposed wife..
283 Deed by husband to wife void

4:22
Marine ; warranty of seaworthiness; condition prece- Deed from husband to wife; creditors.

114
dent to discovery...
232 Divorce; adulterous marriage of plaintiff

295
Masonic Aid Association : by-laws allowing change of

; dower....

178
beneficiary; will does not change..

253

; presumption of adultery; rebuttal; may show
" Widow"
151 decoying; duty of husband.

476
INTEREST. When agent liable for

117 Husband and wife's joint estate ; conveyance of; title
INTERNAL REVENUE. Information for for-

bond; equity.

255
feiture ; general verdict good..
135 Husband and wife ; partnership...

328
INTOXICATING LIQUOR. Unlawfully furn- Husband not liable for wife's slander

62
ished..

377 Necessaries; wife employing servant in family.. 403

Wife separate estate ; consent that husband may use. 378

Wife's property ; acquisitions by purchase ; by gift;
JUDGE. Disqualification ; relationship..
413 act of 1875

254
Impeachment of for abuse of discretionary power 461 MASTER AND SERVANT. Contract; term of
JUDGMENT. Entry on order of judge after expira-

service; evidence ; question for jury.....

34
tion of term; irregular...

357 Course of employment; bailment
Nonsuit no bar to second suit.

Evidence as to fitness of employee; jury cannot decide
Party dying after trial; entry nunc pro tunc...
480 from sight

256
Satisfaction of; following proceeds of property sold. 411 "Fellow servant;" mining superintendent not 147
JUDICIAL SÁLE. Attachment; bona fide pur- Injured brakeman; conductor employing surgeon

228
chaser; Code Civ. Proc., $ 1370; execution must con-

Liability for tort of servant ; scope of employment,
form to statute..

374 evidence; declaration of agent; res gestæ; proof of
Purchaser compelled to perfect title
177 authority

295
JURISDICTION. Amount in dispute

135 Railroad conductor and engineer not

fellow serv-
Circuit Court; consolidated railroad corporation ;

8
citizenship ..
397 Negligence; contributary; carpenter on vessel

383
--; transfer of interest pending bearing; citizen- Qualification of servant; on trial;

discharge; ques-
ship; pleading; supplementary bill.
96 tion for jury...

58
Foreign corporation ; designation of agent on whom Risks of employment'; conductor assuming control of
process may be served.....
16 engine ; injury to brakeman

33
Fourteenth amendment; class legislation; police

; personal injury ; measure of damages

294
power of State..

355 Matting across sidewalk, owner liable for consequen-
Garnishment; non-residence of principal defendant;

441
personal judgment..

34 MECHANIC'S LIEN. How construed ; service of
Grantor's title from United States admitted, act of

notice; directo in" officer and agent
1866, ch. 219
135 Household estate; extent of lien ...

300
Local court ; consent will confer.

475 Municipal property; water-works; priority; sub-con-
LANDLORD AND TENANT. Disputing land-

tractor and surety of contractor..

418
lord's title; may show it has terminated.

179 MERGER. Foreclosure of mortgage does not merge
Possession abandoned ; lease not revived...

debt

513
Tenant not liable for negligent destruction of prop- MISTAKE. Reformation of deed.

334
statute; estoppel; denying landlord's title..

902
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235

..

311
erty by fire..

242 MONEY HAD AND RECEIVED. Breach of
Working farm on shares ; forcible entry and detainer;

contract..

235 Trust; sale of note

... 256

.. 357

Page. | NEGOTIABLE INSTRUMENT-Cont. Page.
MORTGAGE. Conveyance subject to; division of Compromise; new note; consideration ; surrender 395
tract..
295 Coupon bonds; negotiability; seal..

517
Foreclosure; assignee of; mechanic's lien; necessary Failure of consideration; payment in goods; bank-
party; purchaser at sale; under mechanics' lien can-

ruptcy of maker.

138
not be ejected..

136 Illegal consideration ; pari delicto; composition. 298
Foreclosure; when right not cut off.

156
-; suppressing criminal prosecution....

31
Future advances; insolvency; preference; fraud..

Indorsement ..

19
Payment of taxes; foreclosure; claim of lien; notice. 294 --; Irregular

507
Power of sale; attorney and client..
19 Material alteration; surety; contribution .

379
Uncertainty in description; evidence aliunde..
232 National bank; indorsement for collection

367
Operating road after default.

210 Notice of dishonor; assignment for creditors; non-
MUNICIPAL BOND. Bona fide purchaser; notice;

resident creditor..

218
practice; offer of testimony; rejection; presumption, 95 Protest; waived by parol

19
Kansas statute; election; notice; recitals; interest; Statute of limitation , due bill; no demand cecessary
estoppel; bill of exceptions...
495 to set statute running..

235
Negotiable; Iowa statute; constitutional law: subject NONSUIT, when not granted.

457
embraced in title.
376 NUISANCE: Evidence ; question of damage

415
MUNICIPAL CORPORATION. Advertisement Keeping stock yard ; R. S., $$ 3180, 3181; action at law;
for proposals for grading and paving a street..... 433 damage; continuing....

337
Care of streets; adopting charter powers imperative; Injunction............

58
adjoining owner changing sidewalk; no defense to
city after notice

194
OFFICER. Female notary.....

43
Care of streets; negligence; proximate cause... 119

Usurper of public office; no action for salary.

294
Change of grade of street; damages; surface water... 119 Warden of penitentiary cannot be garnished for
Contract without formalities required by charter; in-

prisoner's money..

502
tervention of attorney-general; injunction.

34
Horse frightened by boulder in street; statutory
liability...

356 PARENT AND CHILD. Agreement for and right
Icy sidewalk; contributory negligence..
178 of custody

382
Evidence as to prior condition..

298 Widow's right to child's services..
Injury to foot; passenger going off street on adjacent PARTIES. Partners ; action must be against all 32
lands; implied invitation..

23 PARTITION. Lessee for years ; must have notice.. 458
Legislature may divide; apportionment of liabilities; Litigating validity of mortgage; estoppel ; mortgage
services by attorney...
275 foreclosure ; unerger of debt.

513
Negligence; advertising banner across street.. 122 PARTNERSHIP Account between two
: icy sidewalk
286 Surviving partner resisting law-suit

199
; public building ; excavation for........

379 Assignment to one partner; consideration ; release... 18
Nuisance ; firing cannon in streets....
443 Compromise : receiver..

170
Requiring lot-owners to remove snow from sidewalks. 362 Fictitious ; and Co."; construction..

273
Respondeat superior ; cemetery trustees; city vault.. 152 Liability after dissolution ; partner released may re-
Streets and alleys ; ejectment..
336 cover from co-partner..

218
Streets; negligence..

17 Limited : payment of capital not in cash; estoppel;
Negligence ; contractor ; excavation in street

504 judgment in view ; bankruptcy ; adjudication bind-
Surface water; damnum absque injuria.
419 ing only on parties.

134
See Negligence.

Power of partner to dissolve ; future liability; notice
of dissolution

356
NATIONAL BANK. Penalties for taking usury.. 317 Property of, purchased by partner; exemption.. 300
Usury; Federal and State statute

475
Retiring

liability to creditor not having no-
-; penalty ; State court ; jurisdiction.

59 tice: partners by other partners do not bind...... 155
See Constutional Law.

Sale of good will ; soliciting customers of old firm ;
NEGLIGENCE. Accident at street crossing; evi-

injunction....

69
dence as to its condition ; challenge to juror
436 Share in profits and losses

155, 517
Accident; no presumption from..

253 Transacting business and signing firm, not conclusive
Action against maker of machine for injury to third

that signer is partner

483
person during operation by purchaser...
343 Trustee process; set-off ; debt secured

93
Approaches to premises ; licensee..
296 What constitutes

34
Cause of action assignable; maintenance ; depriving

See Abatement.
of right to remove federal court
254 PARTY-WALL Leaving recesses in...

443
Contributory; inference either way; question for PATENT Infringement; action by patentee and
jury.
338 license after suit by patentee

214
Crossing railroad track; contributory negligence.. 303 Infringement of ; dude collar...
Distinct causes of action ; separate suits.

329

Injunction ; not granted to United States ; action to
Einployee of railroad ; question for jury.
295 repeal; action for iofringement

15
Hand on base of open window of car; question for Suit for infringement ; laches; demurrer.

118
jury.

335 License ; receiver; practice: comity of courts..
Joint liability ; driver and owner of team; partner- Public use : sale to test machine; presumption

515
ship...
75 PAYMENT. Application of ...

237
Leaving train while in motion; contributory negli- In money or equivalent ; election ; railroad bonds;
gence; acting in emergency ; question for jury. 456

recovery of interest ; demand..
Llability of receiver for

Of assessment under protest....

35
Passenger attempting to leave moving train; con- PLEADING Condition precedent; allegation and
tributory..

denial ; Iowa Code

355
Plaintiff's testimony must establish; inference either Contributory negligence; when not question of law 457
way; nonsuit proper

194 Construed against pleader; denial ; admitted, quali-
Presumption from accident.

96 fied or denied ; admission ; answer in another suit.. 253
Proximate cause

306 Malicious prosecution and false imprisonment may be
Railroad; personal injury; contributory negligence; joined ; order of arrest ; false imprisonment does
street crossing

478 not lie; malicious prosecution ; probable cause... 316
Railroad company; proximate cause; defective ma- Money illegally exacted ; New York Code ; answer;
chinery; presumption of duty to inspect

139 evidence...
Railroad; throwing mail bags...

209 Parties ; substitution of sheriff's indemnitors; Code
Railway crossing; contributory negligence; must look

Civ. Proc., 121, strictly construed..

373
and listen; fagman at crossing; presumption of self PRACTICE. Amendment to pleading ; discretion ;
preservation
497 refusal to exercise discretion, error

236
Submission of question to jury. evidence; failure to Assault with intent to kill; reversal ; second trial for
ring bell

assault ; challenge.

257
Wharves; obstructions; sunken pile; damage to ves-

Bills of items in libel

423
sel ; liability of owner and occupant.

117 Demurrer; uniting causes of action ; Code civ, Proc.
When not liable for contractor's; ditch in street.. 58

3 454

194
See Animals, Banks and Bankin; Municipal Corporations. Waiver of jury; stipulation ; Rev. Stat., 649; State
NEGOTIABLE INSTRUMENT. Alteration;

decisio
adding surety; maker liable

Wisconsin ; custody of record : writ of error; to what
- does not release when consented to; bona fide

court directed ; statute of limitations; record.. 378
holder
379 When non-suit not granted

457
Assignment of, by foreign executor; assignee may PRINCIPAL AND AGENT. Contract to sell
sue...

35

land ; compensation ; ratification of contract...
Assignment of paid note; right to contribution passes, 213

(See Agency.)
Banker's draft; insolvency of drawer......

307 PROCESS. Service on complainant or non-resident
Check; holder cannot sue bank....

60

defendant attending on trial..
- presentation for payment; failure of bank
78 PROPERTY. In human corpse..

463

ܪ

490

277

... 515

22

ܪ

Page.
P JBLICILANDS. Act of Congress ; military reser-

vation; dispossession of occupant; proof necessary;
evidence ; scope and effect of a patent

333
RAILROAD. Fences; injury to cattle; onus on
plaintitl; non-suit proper.

318
Exemption froin liability for negligence; riding on
free pass in drawing-room car..

302
Fencing tracks ; killing stock.

416
General words in grant; right of way ; purposes of
railway

437
Implied liability of adult to pay child's fare.
Lease to another railroad valid ; lessor not liable for
injuries to passengers

203
License fees ; construction of statute; repeal of ; re-
pealing act restores; action for fees..

195
See Eminent Domain; Negligence.
RECEIVER Contract with ; successor not liable ;
claim as against fund.

498
Insolvent railroad; liability on contract of predeces-
sor

177
Liability for negligence..

490
RECEIVING STOLEN GOODS. Evidence ; ac-

count given by the prisoner; evidence to negative..
RECORDING ACTS. Constructive notice; pos-
session.

216
Leaving with recorder; index no part of record.
REMOVAL OF CAUSE. Action against adminis-
tration ; citizenship ...

375
Averment of citizenship; trustee indispensable party 355
Case arising under laws of Onited States .

292
Citizenship; corporations...

496
Collusive transfer; remanding case ; Act of March 3,

1875, 25; evidence; credibility of witness; discretion
of court

397
Enjoining State court..

98
Joint debtors in a mortgage ; non-resident mortgagor, 95
REPLEVIN. Custodia legis

130
Damages; attorney's fees; no exemplary damages

against sheriff; chattel mortgage ; void; binder and
delay..

377
Excessive tax

138
REWARD. For apprehension of thief; owner of
horse apprehending hirer who has sold it

182
SALE Conditional; meaning of words ; question

for jury.; practice; submitting case; weight of evi-
dence.

138
Chattel; particular use ; implied warranty

132
Defective boiler; warranty ; deceit
Delivery C. 0. D.

123, 163
Fraud; change of possession; agent ..........

58
Particular use; warranty; waiver..

140
Ore by sample ; rule in Pennsylvania; contract en-
tirety; damages; interest

458
Warranty; election of vendee to rescind; dainages 417
Warranty of quality ; severable contract; right to re-
scind

417
Warranty; when not implied.
Stoppage in transit

378
SCHOOLS. Regulation that scholars shall lug wood, 402
SHERIFF. Trespass ; fraud.

58
SHIP AND SHIPPING. Admiralty jurisdiction ;

part owners of steamboat; accounting; sale ; State
court

318
Charter; party; stipulation as to sailing

333
Collision; observing lights: mutual fault; negli-
gence ; deckhand Injured; 'several liability.

136
Maritime lien ; supplies; ship's agents ; secret agree-
ments with stovedore...

96
Pllots ; duty of; unknown obstructions; costs

96
SLANDER. Charge of crime ; justifcation; proof
beyond a reasonable doubt...

417
Privileged communication; as to character of school
teacher by resident of district.

462
Seo Abatement; Libel.
SPECIFIC PERFORMANCE. Benefit of third
person; possible benefit not sufficient..

213
Rescission

31
Purchaser objecting to title ; defects in records cured
by parol.....

12
Statute of frauds; part performance

392
STATUTE. Chinese immigration...

317
Claim or demand”; deposit in insolvent bank 483
Construction; ballots op plain white paper" may be
on paper of unusual thickness...

482
Construotion of ordinance ; auctions..

3:22
Implied repeal...

476
STATUTE OF FRAUDS. Parol agreement
partly performed.,

316
Conveyance by father to son

418
memorandum

174
STATUTE OF LIMITATIONS. Action against

directors; by stockholder. Code Civ. Proc., 88 388,

394..
SUBROGATION. Judgment note; lien..

298
SUNDAY. Promissory note; conflict of laws..

53
SURETY. Action on bond; notice of default. 332
joint debtors; subrogation.....

217
two debtors ; creditor ; accomodation note; mortgage, 58
TAXATION. Cemeteries not exempt from assess-
ments,

353

TAXATION-Continued.

Page.
Charter exemption of capital stock of railroad ; ex-

emption of individual interests of stockholders ;
obligation of contract ; power of legislature.. 292
Corporation not governmental agency....

75
Exemption; educational institution ; policy of stat-
ute ; cloud on title ; void assessment; action to re-

:
move...

456
Exemption of railroad ; personal privilege..

27
Inter-State commerce ; logs in transit.

292
Navigation of river; conflict with federal laws.

76
Notice to owner; enjoining collection; publishing no-
tices; act 1878, ch. 65.

378, 514
See Constitutional Law.
TELEGRAPH. Limitation of time to present
claim for damages; notice of condition..

203
TELEPHONE COMPANY. Bound to furnish
equal facilities.

143
Evidence ; report of conversation by operator. 182
Power to tax.

350
TENDER. Must be kept good.

414
TOWN Aiding railroad ; may rescind vote..

59
One of four officers cannot bind town; all must act. 298
TRADE-MARK. Corporation has right to ; another
corporation cannot take....

16
St. Louis beer;" deceit....

503
Parties of same name ; deception; injunction. 292
TRESPASS. Ab initio; failure to leave enough hay
to keep stock..

413
Mortgagee may maintain, agaipst purchaser of manure
from mortgagor..

103
TRIAL. Issues in equity cases ; verdict of jury

merely advisory ; Code, Š$ 972, 1003 ; evidence; ad-
missions; failure to answer letter; not bound by
statements therein....

14
TRUST. Beneficiary entitled to account; pleading;

in charging fraud should allege facts ; mortgages

credited with improvements ; liability for rents.... 216
Declaration of; statute of frauds , parol lease; specific

performance; assignment for creditors ; right to
lease passes to assignee; distribution of proceeds... 116
Deed of ; satisfaction by stranger; subrogation. 217
Devise by husband to wife on her promise to keep for
children

23
Lien of judgment; "real estate;" bankruptcy i power
of appointmeat does not pass..

196
Resulting; executor purchasing trust property; fraud. 16
Funds may be followed; misappropriation.

297
Investments; good faith; discretion.

238
Rule as to investment..

18
Statute of limitations

Removal ; misconduct.
UNITED STATES GOVERNMENT. Unau-
thorized sale of property.....

395
USURY. Question of intent; pleading....... 378
VENDOR AND PURCHASER. Inadequacy of

consideration; insanity; non-professional witness;
constructive notice; mere rumor not

217
Purchase of securities ; payment; discharge of lien;

parol evidence as to consideration ; practice ; subro-
gation.

196
Fraudulent representations as to value

336
Lien of vendor; priority of judgment....

418
Record of agreement; entries in index-notice.

515
VERDICT Receiving, in absence of defendent;

right to poll jury ; Sunday not court-day; error.... 256

...

98
17
9

....... 463

WATER AND WATER-COURSES. Covenant
house;" adjoining cellars; percolation.

437
License by riparian owner to one off the stream;
injunction by lower proprietor....

262
Mill-dams; reasonable use of water..

247
Prescriptive right; equitable action to quiet title; in-
junction; pleading; joinder of defendants.

290
WILL. After-acquired property; specific or residuary
gift.....

437
Conditional..

369
Conversion; direction for sale; discretion as to time of
sale.

437
Devise in trust ; suspending power of alienation; re-
fusal to accept provision in lieu of dower..

251
Devise ; life estate

413
Devise not against public policy; right of testator to

attach a condition ; devise or bequest in trust for
educational and charitable purposes; certainty; mu-
nicipal corporation; property held in trust by; equity
jurisdiction...

433
Devise void as trust; valid as a power; power of sale ;

discretion; 1 R. S., 729, $ 55; receiver cannot execute. 411
Dower; provision in lieu; failure to dissent..

476
Executory devise; dying without issue......

275
Gift to a class ; distribution per capita..

98
Heirs and next of kin; husband

35
Provision requesting services ; liability of estate for
discharge

218
Public charity: condition subsequent; perpetuities .. 405
Remainder ; life estate..

499
Trust; payment of income.

435
--; power of disposal

34

431

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