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INDEX-DIGEST

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ABSTRACTS, CASES IN FULL AND NOTES OF CASES.

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Payment of taxes; foreclosure; claim of lien; notice. 294
Power of sale; attorney and client......
Uncertainty in description; evidence aliunde...
Operating road after default.

MUNICIPAL BOND. Bona fide purchaser; notice;

495

practice; offer of testimony; rejection; presumption, 95
Kansas statute; election; notice; recitals; interest;
estoppel; bill of exceptions...
Negotiable; Iowa statute; constitutional law: subject
embraced in title.
MUNICIPAL CORPORATION. Advertisement
for proposals for grading and paving a street....
Care of streets; adopting charter powers imperative;
adjoining owner changing sidewalk; no defense to
city after notice

Care of streets; negligence; proximate cause....
Change of grade of street; damages; surface water..
Contract without formalities required by charter; in-
tervention of attorney-general; injunction.
Horse frightened by boulder in street; statutory
liability...

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295

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136

156

Illegal consideration; pari delicto; composition..
--; suppressing criminal prosecution....

298

31

357

Indorsement

19

; Irregular

507

19

232

Material alteration; surety; contribution.
National bank; indorsement for collection

379

367

210

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376

NUISANCE. Evidence; question of damage

415

433

Keeping stock yard; R. S., §§ 3180, 3181; action at law;
damage; continuing....

337

Injunction....

58

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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

177

490

143

182

350

414

59

298

16

503

292

413

Insolvent railroad; liability on contract of predeces-

sor....

Liability for negligence..
RECEIVING STOLEN GOODS. Evidence; ac-

count given by the prisoner; evidence to negative.. 19
RECORDING ACTS. Constructive notice; pos-
session.

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

216

375

Averment of citizenship; trustee indispensable party 355
Case arising under laws of United States.
Citizenship; corporations.

292

496

Collusive transfer; remanding case; Act of March 3,
1875, 5; evidence; credibility of witness; discretion
of court

397

98

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

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TELEGRAPH. Limitation of time to present
claim for damages; notice of condition..
TELEPHONE COMPANY. Bound to furnish
equal facilities.

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

TENDER. Must be kept good.

TOWN. Aiding railroad; may rescind vote..

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

corporation cannot take....

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

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

Mortgagee may maintain, against purchaser of manure
from mortgagor....

203

103

14

TRIAL. Issues in equity cases; verdict of jury
merely advisory: Code, §§ 972, 1003; evidence; ad-
missions; failure to answer letter; not bound by
statements therein.....
TRUST. Beneficiary entitled to account; pleading;
in charging fraud should allege facts; mortgagee
credited with improvements; liability for rents.... 216
Declaration of; statute of frauds, parol lease; specific
performance; assignment for creditors; right to
passes to assignee; distribution of proceeds... 116
Deed of; satisfaction by stranger; subrogation.
Devise by husband to wife on her promise to keep for
children

217

23

130

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196

138

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Resulting; executor purchasing trust property; fraud. 16
Funds may be followed; misappropriation.
Investments; good faith; discretion..

297

238

Delivery C. O. D..

123, 163

Rule as to investment.

18

Statute of limitations

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Removal; misconduct...

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

458

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

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Warranty; when not implied.
Stoppage in transit

417
463
378

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

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58

SHIP AND SHIPPING. Admiralty jurisdiction;
part owners of steamboat; accounting; sale; State
court

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318

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96

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WATER AND WATER-COURSES. Covenant
"house;" adjoining cellars; percolation.
License by riparian owner to one off the stream;
injunction by lower proprietor....

437

262

462

Mill dams; reasonable use of water.....

247

See Abatement; Libel.

SPECIFIC PERFORMANCE. Benefit of third
person; possible benefit not sufficient..

213

Rescission

31

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

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

290

437

369

13

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

437

STATUTE. Chinese immigration.

317

Claim or demand"; deposit in insolvent bank

483

Construction; ballots on plain white paper" may be
on paper of unusual thickness....

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482

Construction of ordinance; auctions.

322

Implied repeal....

476

STATUTE OF FRAUDS.

Parol agreement

partly performed..

316

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

Conveyance by father to son.......

418

memorandum

174

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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...
Executory devise; dying without issue..
Gift to a class; distribution per capita..

476

275

98

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Heirs and next of kin; husband

35

SUNDAY. Promissory note; conflict of laws..
SURETY. Action on bond; notice of default.
joint debtors; subrogation...

53

332

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217

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

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353

--; power of disposal...

34

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